2019 City Council Official Proceedings Book 149
OFFICIAL PROCEEDINGS
of the
CITY COUNCIL
for the
CITY OF DUBUQUE, IOWA
2019
Approved June 21, 2021
Recorded and prepared by
Kevin S. Firnstahl, CMC, City Clerk
Trish L. Gleason, MMC, Assistant City Clerk
CITY OFFICERS FOR THE YEAR 2019
ROY D. BUOL
MAYOR
COUNCIL MEMBERS
RIC W. JONES ....................... COUNCIL MEMBER AT-LARGE
DAVID T. RESNICK ................ COUNCIL MEMBER AT-LARGE
BRETT M. SHAW ................. COUNCIL MEMBER FIRST WARD
LUIS DEL TORO ............... COUNCIL MEMBER SECOND WARD
KATE M. LARSON ............... COUNCIL MEMBER THIRD WARD
(January – August)
DANNY C. SPRANK ................... COUNCIL MEMBER THIRD WARD
(November – December)
JAKE A. RIOS .................. COUNCIL MEMBER FOURTH WARD
CITY OFFICERS FOR THE YEAR 2019
COUNCIL APPOINTEES
CITY MANAGER ...................................................................................... MICHAEL C. VAN MILLIGEN
CITY CLERK........................................................................................................ KEVIN S. FIRNSTAHL
CITY ATTORNEY ........................................................................................... CRENNA M. BRUMWELL
DEPARTMENT MANAGERS
ASSISTANT CITY MANAGER ................................................................................ CORI L. BURBACH
ASSISTANT CITY MANAGER ..................................................................... THERESE H. GOODMANN
AIRPORT MANAGER ...................................................................................... ROBERT A. GRIERSON
TODD E. DALSING (November – December)
DIRECTOR OF FINANCE AND BUDGET ......................................................... JENNIFER M. LARSON
BUILDING SERVICES MANAGER ........................................................................ DAVID A. JOHNSON
CITY ENGINEER ...................................................................................................... GUS N. PSIHOYOS
ECONOMIC DEVELOPMENT DIRECTOR .............................................................. JILL M. CONNORS
FIRE CHIEF ................................................................................................................ RICK A. STEINES
HOUSING AND COMMUNITY DEVELOPMENT DIRECTOR ................................ ALEXIS M. STEGER
HUMAN RIGHTS DIRECTOR.................................................................................. KELLY R. LARSON
INFORMATION SERVICES MANAGER .................................................... CHRISTINE A. KOHLMANN
LEISURE SERVICES MANAGER ................................................................................ MARIE L. WARE
LIBRARY DIRECTOR ......................................................................................... SUSAN A. HENRICKS
HUMAN SERVICES MANAGER ..................................... RANDALL K. PECK (January – September)
MICHELL M. STICKFORT (October– December)
PLANNING SERVICES MANAGER ................................................................... LAURA B. CARSTENS
POLICE CHIEF ........................................................................................................ MARK M. DALSING
PUBLIC HEALTH SPECIALIST ..................................................................... MARY ROSE CORRIGAN
PUBLIC WORKS DIRECTOR ...................................................................... JOHN L. KLOSTERMANN
TRANSIT MANAGER … .................................................................................... VIVIAN RENEE TYLER
WATER DEPARTMENT MANAGER .................................................... DENISE C. BLAKELEY - IHRIG
WATER POLLUTION CONTROL MANAGER ..................................................... WILLIAM J. O’BRIAN
Regular meetings of the City Council were held on the first and third Monday
of each month (Tuesday pending holidays) at 6:00 p.m. in the Historic Federal Building
6 Book 149
7 Regular Session January 7, 2019 Book 149
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular
session at 6:00 p.m. on January 7, 2019 in 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
PROCLAMATION(S)
1. Human Trafficking Prevention Month
(January 2019) was accepted by Sr. Mary
Lechtenburg, OSF and Sr. Joy Peterson,
PVBM.
CONSENT ITEMS
Motion by Resnick to receive and file the
documents, adopt the resolutions, and dispose
of as indicated. Seconded by Del Toro. Coun-
cil Member Shaw requested Item #12 be held
for separate discussion. Motion carried 7-0.
1. Minutes and Reports Submitted: Catfish
Creek Watershed Management Authority of
12/21; City Council Proceedings of 12/17; Five
Flags Civic Center Commission of 12/20; His-
toric Preservation Commission of 12/20; Park
and Recreation Commission of 12/11; Zoning
Board of Adjustment of 12/20; Proof of publica-
tion for City Council Proceedings of 11/26;
Proof of publication for City Council Proceed-
ing of 12/3; Proof of publication List of Claims
and Revenues for Month Ending 11/30. Upon
motion the documents were received and filed.
2. Notice of Claims and Suits: Dittmer Re-
cycling, Inc. for property damage and Jesse
Drolema for vehicle damage. Upon motion the
documents were received, filed, and referred
to the City Attorney.
3. Disposition of Claims: City Attorney ad-
vising that the following claims have been re-
ferred to Public Entity Risk Services of Iowa,
the agent for the Iowa Communities Assurance
Pool: Dittmer Recycling, Inc. for property dam-
age; and Jesse Drolema for vehicle damage.
Upon motion the documents were received,
filed, and concurred.
4. Approval of City Expenditures: City
Manager recommending Council approval for
payment of City expenditures. Upon motion
the documents were received and filed, and
Resolution No. 1-19 Authorizing the Finance
Director-City Treasurer to make certain pay-
ments of bills that must be paid and approved
for payment in accordance with City proce-
dures was adopted.
RESOLUTION NO. 1-19
AUTHORIZING THE FINANCE DIRECTOR-
CITY TREASURER TO MAKE CERTAIN
PAYMENTS OF BILLS THAT MUST BE PAID
AND APPROVED FOR PAYMENT IN AC-
CORDANCE 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 req-
uisitioned for a lawful municipal purpose; and
Whereas, the Finance Director-City Treas-
urer 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 pay-
ment 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 requested
by designated requisitioning authorities in ac-
cordance with approved budget appropria-
tions.
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.
8 Regular Session January 7, 2019 Book 149
Passed, approved, and adopted this 7th
day of January 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. Landover Corporation - Development
Agreement: City Manager recommending ap-
proval of the Grant Agreement for Urban Revi-
talization Area Designation between the City of
Dubuque and Landover Corporation, which
requires the acceptance of Housing Choice
Vouchers in all units developed at 1895 Rad-
ford Road. Upon motion the documents were
received and filed, and Resolution No. 2-19
Approving a Development Agreement by and
between the City of Dubuque, Iowa and Land-
over Corporation, providing for the issuance of
Urban Revitalization Area Designation for the
Development of 1895 Radford Road was
adopted.
RESOLUTION NO. 2-19
APPROVING A DEVELOPMENT AGREE-
MENT BY AND BETWEEN THE CITY OF
DUBUQUE, IOWA, AND LANDOVER COR-
PORATION. PROVIDING FOR THE ISSU-
ANCE OF URBAN REVITALIZATION AREA
DESIGNATION FOR THE DEVELOPMENT
OF 1895 RADFORD ROAD
Whereas, it is the determination of the City
Council that approval of the Development
Agreement, for development of the Property at
1895 Radford Road by Landover Corporation.
according to the terms and conditions set out
in the Development Agreement is in the public
interest of the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Development Agree-
ment by and between the City of Dubuque and
Landover Corporation, a copy of which is at-
tached hereto, is hereby approved.
Section 2. That the Mayor is hereby au-
thorized and directed to execute the Develop-
ment Agreement on behalf of the City of
Dubuque and the City Clerk is authorized and
directed to attest to his signature.
Section 3. That the City Manager is author-
ized to take such actions as are necessary to
comply with the terms of the Development
Agreement as herein approved.
Passed, approved, and adopted this 7th
day of January 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
6. Adopt Radford Road Revitalization Plan
and Designate Area: City Manager recom-
mending approving the Radford Road Urban
Revitalization Plan for the Radford Road Ur-
ban Revitalization Area. Upon motion the doc-
uments were received and filed, and Resolu-
tion No. 3-19 Approving the Adoption of an
Urban Revitalization Plan for the Radford
Road Urban Revitalization Area was adopted.
RESOLUTION NO. 3-19
APPROVING THE ADOPTION OF AN UR-
BAN REVITALIZATION PLAN FOR THE
RADFORD ROAD URBAN REVITALIZATION
AREA
Whereas, the City Council of the City of
Dubuque (the City), Iowa on October 1, 2018
City Council approved Resolution No. 292-18,
a resolution of finding that the designation of
the Radford Road Urban Revitalization Plan is
necessary to encourage needed housing and
residential development providing safe, afford-
able housing for the residents of the City of
Dubuque, Iowa and the property meets the
criteria for Urban Revitalization as defined in
Section 404.1(5) of the Iowa Code; and
Whereas, on November 5, 2018 the City
reviewed a proposed Urban Revitalization Plan
(the Plan) for the Radford Road Urban Revital-
ization Area, and scheduled, by Resolution No,
333-18, a public hearing to be held on Decem-
ber 3, 2018 on the proposed adoption of the
Plan; and
Whereas, on November 13, 2018, the
Long-Range Planning Advisory Commission
reviewed the plan and provided comment to
City Council at the public hearing; and
Whereas, the City ordered the Clerk to
publish notice of a public hearing on the Plan
to be held on December 3, 2018 on the pro-
posed adoption of the Plan; and
Whereas the City Clerk published the no-
tice of public hearing on November 23, 2018;
and
Whereas owners of record were notified by
ordinary mail at least thirty days prior to the
public hearing; and
Whereas, the City has held the required
public hearing after the required 30-day review
period and has not received a valid petition
requesting a second public hearing with in
thirty days after the public hearing held on
December 3, 2018.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The Urban Revitalization Plan for Lot 1
Wolff Place No 2 in the County of Dubuque,
City of Dubuque, Iowa, according to the rec-
orded plat thereof, known as the Radford Road
Urban Revitalization Area is hereby approved.
Passed, approved, and adopted this 7th
day of January 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
7. Cohen-Esrey Development Group, LLC -
Development Agreement: City Manager rec-
ommending approval of an agreement be-
9 Regular Session January 7, 2019 Book 149
tween the City of Dubuque and Cohen-Esrey
Development Group, LLC to develop afforda-
ble family housing at 2887 and 2901 Central
Avenue (the former Holy Ghost School). Upon
motion the documents were received and filed,
and Resolution No. 4-19 Approving a Devel-
opment Agreement by and between the City of
Dubuque, Iowa and Cohen-Esrey Develop-
ment Group, LLC providing for the issuance of
Urban Revitalization Designation for the rede-
velopment of 2887 and 2901 Central Avenue
was adopted.
RESOLUTION NO. 4-19
APPROVING A DEVELOPMENT AGREE-
MENT BY AND BETWEEN THE CITY OF
DUBUQUE, IOWA AND COHEN-ESREY DE-
VELOPMENT GROUP, LLC. PROVIDING
FOR THE ISSUANCE OF URBAN REVITAL-
IZATION AREA DESIGNATION FOR THE
REDEVELOPMENT OF 2887 AND 2901
CENTRAL AVENUE
Whereas, it is the determination of the City
Council that approval of the Development
Agreement, for development of the Property at
2887 and 2901 Central Avenue by Cohen-
Esrey Development Group, LLC. according to
the terms and conditions set out in the Devel-
opment Agreement is in the public interest of
the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Development Agree-
ment by and between the City of Dubuque and
Cohen-Esrey Development Group, LLC, a
copy of which is attached hereto, is hereby
approved.
Section 2. That the Mayor is hereby au-
thorized and directed to execute the Develop-
ment Agreement on behalf of the City of
Dubuque and the City Clerk is authorized and
directed to attest to his signature.
Section 3. That the City Manager is author-
ized to take such actions as are necessary to
comply with the terms of the Development
Agreement as herein approved.
Passed, approved, and adopted this 7th
day of January 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
8. Cohen-Esrey Request for City Support
for Low-Income Housing Tax Credit Applica-
tion: City Manager recommending approval of
a resolution supporting the Low-Income Hous-
ing Tax Credit Program application by Cohen-
Esrey to the Iowa Finance Authority for the
redevelopment of the former Holy Ghost
School and Convent at 2887 and 2901 Central
Avenue into affordable family housing. Upon
motion the documents were received and filed,
and Resolution No. 5-19 Supporting Cohen-
Esrey Application for Low-Income Housing Tax
Credit for Central Avenue Historic Residences
was adopted.
RESOLUTION NO. 5-19
SUPPORTING COHEN-ESREY APPLICA-
TION FOR LOW-INCOME HOUSING TAX
CREDIT FOR CENTRAL AVENUE HISTORIC
RESIDENCES
Whereas Ordinance 11-16 of April 18,
2016, designated the Paragon Square Urban
Revitalization Area as defined in Section 404
of the Iowa Code; and
Whereas, the Developer Cohen-Esrey re-
quested City support for the Tax Credit appli-
cation to the State of Iowa to redevelop 2887
and 2901 Central Avenue; and
Whereas, the Low-Income Housing Tax
Credit Application by Cohen-Esrey to the State
of Iowa is consistent with the development of
affordable, housing described in the Paragon
Square Urban Revitalization Plan.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council supports the
development of affordable housing located at
2887 and 2901 Central Avenue and;
Section 2. The proposed development for
Central Avenue Historic Residences is located
within the Paragon Square Urban Revitaliza-
tion Area and eligible for a 10-year 100% tax
abatement from the value added by the im-
provements, estimated at $10,622 per year.
Passed, approved, and adopted this 7th
Day of January 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
9. Horizon Development Group, Inc. - De-
velopment Agreement: City Manager recom-
mending approval of the Grant Agreement for
Urban Revitalization Area Designation be-
tween the City of Dubuque and Horizon De-
velopment Group, Inc. Upon motion the docu-
ments were received and filed, and Resolution
No. 6-19 Approving a Development Agreement
by and between the City of Dubuque, Iowa and
Horizon Development Group, Inc. providing for
the issuance of Urban Revitalization Area des-
ignation for the development of 1225 Alta Vista
was adopted.
RESOLUTION NO. 6-19
APPROVING A DEVELOPMENT AGREE-
MENT BY AND BETWEEN THE CITY OF
DUBUQUE, IOWA AND HORIZON DEVEL-
OPMENT GROUP, INC. PROVIDING FOR
THE ISSUANCE OF URBAN REVITALIZA-
TION AREA DESIGNATION FOR THE DE-
VELOPMENT OF 1225 ALTA VISTA
Whereas, it is the determination of the City
Council that approval of the Development
10 Regular Session January 7, 2019 Book 149
Agreement, for development of the Property at
1225 Alta Vista by Horizon Development
Group, Inc. according to the terms and condi-
tions set out in the Development Agreement is
in the public interest of the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Development Agree-
ment by and between the City of Dubuque and
Horizon Development Group, Inc., a copy of
which is attached hereto, is hereby approved.
Section 2. That the Mayor is hereby au-
thorized and directed to execute the Develop-
ment Agreement on behalf of the City of
Dubuque and the City Clerk is authorized and
directed to attest to his signature.
Section 3. That the City Manager is author-
ized to take such actions as are necessary to
comply with the terms of the Development
Agreement as herein approved.
Passed, approved, and adopted this 7th
day of January 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
10. Adopt Nativity / Alta Vista Urban Revi-
talization Plan: City Manager recommending
adoption of a resolution approving the Alta
Vista Urban Revitalization Plan for the Nativity
Road Urban Revitalization Area. Upon motion
the documents were received and filed, and
Resolution No. 7-19 Approving the Adoption of
an Urban Revitalization Plan for the Nativity
Road Urban Revitalization Area was adopted.
RESOLUTION NO. 7-19
APPROVING THE ADOPTION OF AN UR-
BAN REVITALIZATION PLAN FOR THE NA-
TIVITY ROAD URBAN REVITALIZATION
AREA
Whereas, the City Council of the City of
Dubuque (the City), Iowa on October 1, 2018
City Council approved Resolution No. 291-18,
a resolution of finding that the designation of
the Alta Vista Urban Revitalization Plan is
necessary to encourage needed housing and
residential development providing safe, afford-
able housing for the residents of the City of
Dubuque, Iowa and the property meets the
criteria for Urban Revitalization as defined in
Section 404.1(5) of the Iowa Code; and
Whereas, on November 5, 2018 the City
reviewed a proposed Urban Revitalization Plan
(the Plan) for the Nativity Road Urban Revitali-
zation Area, and scheduled, by Resolution No,
332-18, a public hearing to be held on Decem-
ber 3, 2018 on the proposed adoption of the
Plan; and
Whereas, on November 13, 2018, the Long
Range Planning Advisory Commission re-
viewed the plan and provided comment to City
Council at the public hearing; and
Whereas, the City ordered the Clerk to
publish notice of a public hearing on the Plan
to be held on December 3, 2018 on the pro-
posed adoption of the Plan; and
Whereas the City Clerk published the no-
tice of public hearing on November 23, 2018;
and
Whereas owners of record were notified by
ordinary mail at least thirty days prior to the
public hearing; and
Whereas, the City has held the required
public hearing after the required 30-day review
period and has not received a valid petition
requesting a second public hearing with in
thirty days after the public hearing held on
December 3, 2018.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The Urban Revitalization Plan for Church
of the Nativity Pl in the County of Dubuque,
City of Dubuque, Iowa, according to the rec-
orded plat thereof, known as the Nativity Road
Urban Revitalization Area is hereby approved.
Passed, approved, and adopted this 7th
day of January 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
11. Letter to State Legislators -2019 Legis-
lative Priorities: City Manager submitting letter
to State Legislators requesting support in cre-
ating strategic initiatives around mental health,
childcare, quality affordable housing, job train-
ing, workforce development, job creation and
do all this looking through an equity lens. Upon
motion the documents were received, filed,
and approved.
12. Correspondence from Representative
Charles Isenhart: Representative Charles
Isenhart requesting that his letter of August 18,
2018 regarding strategic planning priorities be
officially recorded in the minutes of the City
Council. Motion by Shaw to receive and file
and make a Matter of Record. Seconded by
Resnick. Referencing items No. 2 and No. 9
respectively within Rep. Isenhart’s letter, Shaw
favored and sought Council support for the
Syringe Service/Needle Exchange Program
and a multi-jurisdictional Brain/Mental Health
working group. Motion carried 7-0.
13. Westside Water System Improvements
Contracts A, B, and C Acceptance and Re-
lease of Retainage: City Manager recommend-
ing acceptance of the construction contracts
and release of retainage for the Westside Wa-
ter System Improvements Contract A: English
Mill Road / North Cascade Road Water Main
Extension; Contract B: English Mill Pumping
Facility; and Contract C: Highway 20 Water
Main Extension Projects as completed by
11 Regular Session January 7, 2019 Book 149
Portzen Construction, Inc. Upon motion the
documents were received and filed, and Reso-
lution No. 8-19 Accepting the Westside Water
System Improvements, Contract A – English
Mill Road / North Cascade Road Water Main
Extension; Contract B – English Mill Pumping
Facility; and Contract C – Highway 20 Water
Main Extension, Project and Authorizing Final
Payments to the Contractor was adopted.
RESOLUTION NO. 8-19
ACCEPTING THE WESTSIDE WATER SYS-
TEM IMPROVEMENTS, CONTRACT A –
ENGLISH MILL ROAD & NORTH CASCADE
ROAD WATER MAIN EXTENSION; CON-
TRACT B – ENGLISH MILL PUMPING FA-
CILITY; AND CONTRACT C – HIGHWAY 20
WATER MAIN EXTENSION, PROJECT, AND
AUTHORIZING FINAL PAYMENTS TO THE
CONTRACTOR
Whereas, the public improvement contract
for the Westside Water System Improvements
Contract A – English Mill Road & North Cas-
cade Road Water Main Extension; Contract B
– English Mill Pumping Facility; and Contract C
– Highway 20 Water Main Extension (the Pro-
ject) has been completed by the Contractor,
Portzen Construction Inc. (Contractor), the
Water Department Manager has examined the
work and recommends that the Project be ac-
cepted; and
Whereas, the final contract amount for
Contract A is $1,122,044.14; Contract B is
$968,738.15; and Contract C is $456,617.36;
and
Whereas, the Contractor has previously
been paid on: Contact A in the amount of
$1,065,941.93, leaving a balance of
$56,102.21; Contract B in the amount of
$879,395.05, leaving a balance of $89,343.10;
and Contract C in the amount of $399,638.74
leaving a balance of $56,978.62; and
Whereas, the City Council finds that the
recommendation of the Water Department
Manager should be accepted.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the Wa-
ter Department Manager is approved, and the
Project is hereby accepted.
Section 2. The Finance Director is hereby
directed to pay to the Contractor the balance
of the final payment and retainage for Contract
A of $56,102.21; Contract B of $89,343.10;
and Contract C of $56,978.62 as provided in
Iowa Code chapter 573, and to pay such re-
tainage in accordance with the provisions of
Iowa Code chapter 573 or Iowa Code chapter
26.13.
Passed, approved, and adopted this 7th
day of January 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
WATER DEPARTMENT MANAGER’S CER-
TIFICATE OF FINAL COMPLETION OF THE
WESTSIDE WATER SYSTEM IMPROVE-
MENTS, CONTRACT A – ENGLISH MILL
ROAD & NORTH CASCADE ROAD WATER
MAIN EXTENSION; CONTRACT B – ENG-
LISH MILL PUMPING FACILITY; AND CON-
TRACT C – HIGHWAY 20 WATER MAIN EX-
TENSION, PROJECT
The undersigned Water Department Man-
ager of the City of Dubuque, Iowa, hereby cer-
tifies that she has inspected the Westside Wa-
ter System Improvements:
Contract A – English Mill Road & North
Cascade Road Water Main Extension Project,
and that said Project has been performed in
compliance with the terms of the Public Im-
provement Contract, and that the total cost of
the completed work including all change or-
ders and adjustments is $1,122,044.14.
Contract B – English Mill Pumping Facility,
and that said Project has been performed in
compliance with the terms of the Public Im-
provement Contract, and that the total cost of
the completed work including all change or-
ders and adjustments is $968,738.15.
Contract C – Highway 20 Water Main Ex-
tension, and that said Project has been per-
formed in compliance with the terms of the
Public Improvement Contract, and that the
total cost of the completed work including all
change orders and adjustments is
$456,617.36.
Dated this 3rd day of January 2019.
/s/Denise Blakeley Ihrig, P.E., Water Depart-
ment Manager
Filed in the office of the City Clerk on the 3rd
day of January 2019.
/s/Kevin S. Firnstahl, City Clerk
14. DollarWise Innovation Grant Applica-
tion: City Manager recommending authoriza-
tion to submit an application to the United
States Conference of Mayors for a DollarWise
Innovation Grant. Upon motion the documents
were received and filed, and Resolution No. 9-
19 Authorizing the Mayor to execute an appli-
cation to the United States Conference of
Mayors for their DollarWise Innovation Grant
and authorizing the Director of Housing and
Community Development and the City Manag-
er to approve the application was adopted.
RESOLUTION NO. 9-19
AUTHORIZING THE MAYOR TO EXECUTE
AN APPLICATION TO THE UNITED STATES
CONFERENCE OF MAYORS FOR THEIR
DOLLARWISE INNOVATION GRANT AND
AUTHORIZING THE DIRECTOR OF HOUS-
ING AND COMMUNITY DEVELOPMENT
12 Regular Session January 7, 2019 Book 149
AND THE CITY MANAGER TO APPROVE
THE APPLICATION
Whereas, The United States Conference of
Mayors has published the availability of the
DollarWise Innovation grant for member cities;
and
Whereas, the City of Dubuque proposes to
use the $10,000 DollarWise Innovation grant
to increase outreach for the Gaining Opportu-
nities Program.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE IOWA:
Section 1: That the Mayor is hereby au-
thorized and directed to submit an application
to The United States Conference of Mayors for
the DollarWise Innovation grant; and
Section 2: That the Director of Housing and
Community Development and the City Manag-
er are hereby authorized to approve the appli-
cation that is submitted to The United States
Conference of Mayors.
Passed, approved, and adopted this 7th
day of January 2019.
Roy D Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
15. Iowa Great Places Contract: City Man-
ager recommending approval of a contract
with the Iowa Department of Cultural Affairs to
provide an Iowa Great Places grant for resto-
ration of the Mathias Ham House Campus.
Upon motion the documents were received,
filed, and approved.
16. Civil Service Commission - Certified
Lists: Civil Service Commission submitting the
certified list for Fire Promotional positions of
Medical Officer, Fire Captain, EMS Supervisor,
Fire Lieutenant, and Assistant Fire Chief along
with the certified list for the position of Scale
Operator. Upon motion the documents were
received, filed, and made a Matter of Record.
December 21, 2018
Honorable Mayor and Members of the City
Council
In accordance with Chapter 400 of the
Code of Iowa, examinations for the positions of
Medical Officer, EMS Supervisor, Fire Lieu-
tenant, Fire Captain, and Assistant Fire Chief
were given on November 13 and 14, 2018. We
hereby certify that the individuals listed below
have passed these written examinations and
the vacancy for these positions should be
made from this list and that this list is good for
two (2) years from above date.
Medical Officer
1. Jeffrey Pregler, 2. Scott Brachman
Fire Captain
1. Kyle Burke, 2. David Beaves, 3. Martin Fitz-
patrick
EMS Supervisor
1. Samuel Janecke
Fire Lieutenant
1. Ryan Kieffer, 2. Kyle Mueller, 3. Samuel
Janecke, 4. David Beaves, 5. Rob Klaren, 6.
Brian McAuliffe, 7. Douglas Merkes, 8. Jami
Boss, 9. Adam Feyen, 10. Ryan Neuhaus, 11.
Todd Sieverding, 12. Corey LuGrain
Assistant Fire Chief
1. Joshua Knepper, 2. Charles Blasen, 3.
Derek Paulson, 4. David Grass
Respectfully submitted,
/s/Dan White
Dan White, Chairperson
Civil Service Commission
December 21, 2018
Honorable Mayor and Members of the City
Council
In accordance with Chapter 400 of the
Code of Iowa, an examination for the position
of Scale Operator was administered on De-
cember 6, 2018. We hereby certify that the
individuals listed below have passed this writ-
ten examination and the vacancy for this posi-
tion should be made from this list and that this
list is good for one (1) year from above date.
Scale Operator
1. Forrest Trausch, 2. Angella Manders, 3.
Thomas Swift, III, 4. Kimberly Glaser, 5. Adam
Yakich, 6. Judy Schwers, 7. Nick Connolly, 8.
Patrick Maas, 9. Kara Koopmann, 10. Gary
Belflower, 11. Stacey Duve, 12. Justin Licht,
13, Denise Ronek, 14. Kimberly Betsinger, 15.
Derek Collum, 16. Steve Thiltgen, 17. Timothy
Konzen, 18. Jodi Neuses, 19. Jeffrey White,
20. Randy Hefel, 21. Nathan Mohr, 22. Kath-
leen Thor, 23. Jason Bickal, 24. Will Davis, 25.
Ann Skemp, 26. Cletus Urbain
Respectfully submitted,
/s/Dan White
Dan White, Chairperson
Civil Service Commission
17. Environmental Review Determination
for Hillcrest Family Services: City Manager
recommending approval of an environmental
review determination for Hillcrest Supportive
Housing Program relative to the Continuum of
Care funding award. Upon motion the docu-
ments were received, filed, and approved.
18. Amending Paying Agent, Bond Regis-
trar and Transfer Agent Agreements - Wells
Fargo: City Manager Recommending approval
of a resolution to align with current practices of
Wells Fargo as the City’s Bond Paying Agent.
Upon motion the documents were received
and filed, and Resolution No. 10-19 Amending
Paying Agent; Bond Registrar and Transfer
Agent Agreements was adopted.
13 Regular Session January 7, 2019 Book 149
RESOLUTION NO. 10-19
AMENDING PAYING AGENT; BOND REG-
ISTRAR AND TRANSFER AGENT AGREE-
MENTS
Whereas, this Council previously approved
Wells Fargo Bank, N.A. of Minneapolis, Min-
nesota as Paying Agent, Bond Registrar and
Transfer Agent (the “Agent”) for bonds issued
by the City; and
Whereas, Paying Agent; Bond Registrar
and Transfer Agent Agreements ("Agree-
ments") were prepared and entered into be-
tween the City and the Agent in connection
with each series of bonds described in Exhibit
A; and
Whereas, the Agreements for bonds is-
sued prior to 2018 provide that the Issuer shall
cause to be deposited with the Agent in imme-
diately available funds such amount as is re-
quired to make payments of principal and in-
terest to the registered holders of the outstand-
ing bonds at least three business days prior to
each payment date; and
Whereas, the City has elected to have debt
service payments withdrawn from its account
via ACH debit, which under the Agent’s current
practices occurs one business day prior to the
payment date; and
Whereas, the Agreements for bonds is-
sued prior to 2018 provide that the Agent will
pay interest and principal to each registered
holder one business day before each payment
date; and
Whereas, the Agent has requested that the
City amend the prior Agreements in order to
reflect current practices as to the timing of
when funds are deposited and available for the
Agent to make payments to the registered
holders of the bonds and when such registered
holders are paid.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, STATE OF IOWA:
1. That Section 5(a) of the Agreements
with Wells Fargo Bank, N.A. of Minneapolis,
Minnesota for the bonds described in Exhibit A
attached hereto, are hereby amended to pro-
vide as follows:
a) On or before each payment date the
Issuer will cause to be deposited with the
Agent in immediately available funds such
amount as is required to make such pay-
ment.
2. That Section 5(b) of the Agreements
with Wells Fargo Bank, N.A. of Minneapolis,
Minnesota for the bonds described in Exhibit A
attached hereto, is hereby amended to provide
as follows:
a) On each payment date, the Agent will
pay interest and, upon presentation and sur-
render of the matured or called Obligations,
will pay principal to each registered owner of
the Obligations as of the record date by mail-
ing a check to each such owner or by any
other method agreed upon between the
Agent and the Owner. In any case where the
date of maturity of interest on or principal of
the Obligations or the date fixed for redemp-
tion of any Obligations shall be a Sunday or
a legal holiday or a day on which banking in-
stitutions are authorized by law to close, then
payment of interest or principal may be
made on the succeeding business day with
the same force and effect as if made on the
date of maturity or the date fixed for redemp-
tion.
3. Except as amended herein, all of the
other terms and conditions of the Agreements
are in all respects ratified, confirmed, and ap-
proved and shall remain in full effect.
Passed, approved, and adopted this 7th
day of January 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
19. Pre-Annexation Agreement - Molony
Foundation: City Manager recommending ap-
proval of a Pre-Annexation Agreement with the
Donald, James and Mary Kathleen Molony
Foundation for the subject property. Upon mo-
tion the documents were received and filed,
and Resolution No. 11-19 Approving a Pre-
Annexation Agreement between the City of
Dubuque, Iowa and the Donald, James and
Mary Kathleen Molony Foundation was adopt-
ed.
RESOLUTION NO. 11-19
APPROVING A PRE-ANNEXATION
AGREEMENT BETWEEN THE CITY OF
DUBUQUE, IOWA AND THE DONALD,
JAMES AND MARY KATHLEEN MOLONY
FOUNDATION
Whereas, The Donald, James and Mary
Kathleen Molony Foundation, the owner of the
following described property in Dubuque
County, Iowa (the Property) have submitted to
the City Council of the city of Dubuque an ap-
plication for voluntary annexation of the Prop-
erty to the City of Dubuque:
SW ¼ of the SW ¼ of Section 36,
T88N, R2E the 5th P.M. in Dubuque
County, Iowa.
Whereas, The Donald, James and Mary
Kathleen Molony Foundation has entered into
a Pre-annexation Agreement with the City of
Dubuque a copy of which is attached hereto
governing the future annexation of the Proper-
ty; and
Whereas, the Property is not subject to an
existing annexation moratorium; and
Whereas, the Property does not include
any state or railroad property; and
Whereas, Iowa Code Section 368.7 author-
izes the voluntary annexation of property in
14 Regular Session January 7, 2019 Book 149
Dubuque County, Iowa, and the extension of
city limits by voluntary annexation; and
Whereas, the annexation of the Property is
consistent with the Comprehensive Plan of the
City of Dubuque, necessary for the future or-
derly growth and development of the City of
Dubuque, and will promote efficient and cost-
effective extension of municipal services; and
Whereas, the City Council finds that the
annexation of the Property is in the public in-
terest.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Pre-annexation Agreement
by and between The Donald, James and Mary
Kathleen Molony Foundation and the City of
Dubuque is hereby approved.
Passed, approved, and adopted this 7th
day of January 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
20. Consultant Selection for Comiskey
Park Engagement, Design, Construction Man-
agement, and Grant Administration Services:
City Manager recommending approval of the
selection of Saiki Design as the consultant to
provide the Comiskey Park Engagement, De-
sign, Construction Management and Grant
Administration. Upon motion the documents
were received, filed, and approved.
21. Workers' Compensation Settlement
Agreement for Albert Weidenbacher: City At-
torney recommending approval of a Workers'
Compensation Settlement Agreement with
Leisure Services seasonal employee Albert
Weidenbacher. Upon motion the documents
were received, filed, and approved.
22. Acceptance of Subdivision Improve-
ments in Timber-Hyrst Estates No. 5 Subdivi-
sion: City Manager recommending acceptance
of the public improvements that the develop-
ers, North Cascade Road Developers, LLC,
have recently completed in Timber-Hyrst Es-
tates No. 5. Upon motion the documents were
received and filed, and Resolution No. 12-19
Accepting Public Improvements in Timber-
Hyrst Estates No. 5 in the City of Dubuque,
Iowa was adopted.
RESOLUTION NO. 12-19
ACCEPTING PUBLIC IMPROVEMENTS IN
TIMBER-HYRST ESTATES NO. 5 IN THE
CITY OF DUBUQUE, IOWA
Whereas, pursuant to Resolution 435-16,
certain public improvements including street
paving with curb, storm sewer and catch ba-
sins, roadway culverts, sanitary sewer, water-
main, public sidewalk, and street lighting were
installed by the developer of Timber-Hyrst Es-
tates No. 5 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 accord-
ance with the plans approved by the City
Council and in conformance with City specifi-
cations and has recommended that the im-
provements be accepted by the City Council.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the recommendation of the
City Manager be approved and that said public
improvements in Timber Hyrst Estates No. 5
be and the same is hereby accepted.
Section 2. That a maintenance guarantee
covering said public improvements shall be
provided by the owners, North Cascade Road
Developers, LLC, for a period of two (2) years
from the date of this resolution.
Passed, approved, and adopted this 7th
day of January 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
23. Acceptance of Grant of Easement for Wa-
ter Main Utility over Tracy Property in Tama-
rack Park: City Manager recommending ac-
ceptance of the Grant of Easement for Water
Main Utility from William C. and Kay J. Tracy
and William D. Tracy, Trustee of the William D.
Tracy Revocable Trust for property located in
Tamarack Park. Upon motion the documents
were received and filed, and Resolution No.
13-19 Accepting a Grant of Easement for Wa-
ter Main Utility Through, Over and Across Part
of Lot 2 Of Lot 2, Excepting Therefrom Lot A of
Lot 2 of Lot 2, in the Southeast Quarter of Sec-
tion 14, T88N, R2E of the 5th P.M., In Dubu-
que County, Iowa was adopted.
RESOLUTION NO. 13-18
ACCEPTING A GRANT OF EASEMENT FOR
WATER MAIN UTILITY THROUGH, OVER
AND ACROSS PART OF LOT 2 OF LOT 2,
EXCEPTING THEREFROM LOT A OF LOT 2
OF LOT 2, IN THE SOUTHEAST QUARTER
OF SECTION 14, T88N, R2E OF THE 5TH
P.M., IN DUBUQUE COUNTY, IOWA
Whereas, William C. and Kay J. Tracy and
William D. Tracy, Trustee of the William D.
Tracy Revocable Trust dated December 15,
2016, have executed a Grant of Easement for
Water Main Utility through, over and across
Part of Lot 2 of Lot 2, excepting therefrom Lot
A of Lot 2 of Lot 2, in the Southeast Quarter
(SE ¼) of Section 14, Township 88 North,
Range 2 East of the 5th Principal Meridian,
Dubuque County, Iowa.
15 Regular Session January 7, 2019 Book 149
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of
Dubuque, Iowa, hereby approves of, accepts,
and consents to the Grant of Easement for
Water Main Utility through, over and across
Part of Lot 2 of Lot 2, excepting therefrom Lot
A of Lot 2 of Lot 2, in the Southeast Quarter
(SE ¼) of Section 14, Township 88 North,
Range 2 East of the 5th Principal Meridian,
Dubuque County, Iowa as shown on the Grant
of Easement for Water Main, from William C.
and Kay J. Tracy and William D. Tracy, Trus-
tee of the William D. Tracy Revocable Trust
dated December 15, 2016, a copy of which is
attached hereto.
Section 2. The Mayor is hereby authorized
and directed to execute and acknowledge on
behalf of the City of Dubuque any instruments
in connection herewith.
Section 3. The City Clerk is hereby author-
ized to and directed to record this resolution
and Grant of Easement for Water Main Utility
with the Dubuque County Recorder.
Passed, approved, and adopted this 7th
day of January 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
24. Establishing Fair Market Value for
Right of Way Property Acquisition at Pennsyl-
vania Avenue and Radford Road: City Manag-
er recommending adoption of a resolution
which establishes and sets the Just Compen-
sation Valuation (Fair Market Value) for the
Pennsylvania Avenue and Radford Road In-
tersection Improvements Project. Upon motion
the documents were received and filed, and
Resolution No. 14-19 Establishing the Fair
Market Value of Real Property for the Penn-
sylvania Avenue & Radford Road Intersection
Improvements Project, Directing Good Faith
Negotiations for the Fee Title Acquisition of
Property and Authorizing the Commencement
of Eminent Domain Proceedings, if Necessary,
to Acquire Property was adopted.
RESOLUTION NO. 14-19
ESTABLISHING THE FAIR MARKET VALUE
OF REAL PROPERTY FOR THE PENNSYL-
VANIA AVENUE & RADFORD ROAD IN-
TERSECTION IMPROVEMENTS PROJECT,
DIRECTING GOOD FAITH NEGOTIATIONS
FOR THE FEE TITLE ACQUISITION OF
PROPERTY AND AUTHORIZING THE
COMMENCEMENT OF EMINENT DOMAIN
PROCEEDINGS, IF NECESSARY, TO AC-
QUIRE PROPERTY
Whereas, the City of Dubuque (City) has
caused to be made appraisals of the proper-
ties described below for the Pennsylvania Av-
enue & Radford Road Intersection Improve-
ments Project and the appraised values for the
properties are listed below; and
Whereas, the legal description of each of
the properties to be acquired, the owners and
the appraised valuation of each of the proper-
ties is listed below; and
PROPERTY OWNER(S) JUST COM-
PENSATION
VALUE
Part of Lot 2-1-1-1,
Block 1,
Northrange
Industrial Park, as
shown on Exhibit A
attached; and Part
of Lot 2-1,
Northrange Sub.
#1, as shown on
Exhibit A attached
Widmeier
Holdings
LLC and
Widmeier
Investment
s LLC
$34,000.00
Part of Lot 1-2-1-1,
Block 2,
Northrange
Industrial Park, as
shown on Exhibit A
attached
James A.
Christense
n
$51,000.00
Part of Lot 1,
McFadden Farm
Place #2, as show
on Exhibit A
attached
McFadden
Family
Partnershi
p
$1,200.00
Whereas, Iowa law requires that the City
make a good faith effort to negotiate with the
owners regarding the purchase before pro-
ceeding with condemnation; and
Whereas, the City may not make an offer
to purchase a property which is less than the
Just Compensation Valuation (Fair Market
Value) established for the property; and
Whereas, the City Council now desires to
establish the Just Compensation Valuation
(Fair Market Value) for each of the properties;
and
Whereas, the City wishes to acquire the
properties, by fee title acquisition, listed for the
Pennsylvania Avenue & Radford Road Inter-
section Improvements Project by negotiation
or eminent domain proceedings, if necessary.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA AS FOLLOWS:
Section 1. The Just Compensation Valua-
tion (Fair Market Value) of each of the proper-
ties listed above is hereby established to be
the amount of its appraised value as listed
above.
Section 2. The City Manager is directed to
enter into good faith negotiations for the free
title acquisition for each of the above proper-
ties, and, if necessary, commence eminent
domain proceedings to acquire the properties.
16 Regular Session January 7, 2019 Book 149
Passed, approved, and adopted this 7th
day of January 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
25. Signed Contract(s): Emmons & Olivier
Resources, Inc., for Eagle Point Park Envi-
ronmental Restoration; RDG Planning & De-
sign for the Central Avenue Corridor
Streetscape Master Plan; Teska Associates for
implementation of the 2017 Comprehensive
Plan and the Washington Neighborhood Mar-
ket Analysis. Upon motion the documents
were received and filed.
26. Business License Refunds: Request
from Kwik Stop 16th St. #300 for a refund of
the Liquor License No. LE0002454 located at
1215 East 16th Street due to downsizing of
liquor license to beer and wine only; Beecher
Liquor located at 2013 Central Ave. due to
business name change and reorganization.
Upon motion the documents were received,
filed, and approved.
27. 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. 15-19 Approving
applications for beer, liquor, and/or wine per-
mits, as required by City of Dubuque Code of
Ordinances Title 4 Business and License Reg-
ulations, Chapter 2 Liquor Control, Article B
Liquor, Beer and Wine Licenses and Permits
was adopted.
RESOLUTION NO. 15-19
APPROVING APPLICATIONS FOR BEER,
LIQUOR, AND/OR WINE PERMITS, AS RE-
QUIRED BY CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 4 BUSINESS AND LI-
CENSE REGULATIONS, CHAPTER 2 LIQ-
UOR CONTROL, ARTICLE B LIQUOR,
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 re-
quirements 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 author-
ized and directed to cause to be issued the
noted permit types to the following applicants
pending submission of the locally required
documentation:
Renewals
Big 10 Mart, 2100 John F. Kennedy Rd.,
Class E Liquor, Class B Wine, Class C Beer
(Sunday)
Brazen Open Kitchen Bar, 955 Washington
St. Suite #101, Class C Liquor (Catering)
(Outdoor) (Sunday)
Dubuque Golf & Country Club, 1800 Randall
Pl., Class C Liquor, Class B Wine (Outdoor)
(Sunday)
Hy-Vee #2, 2395 NW Arterial, Class E Liq-
uor, Class B Wine, Class C Beer (Sunday)
Sam's Club #4973, 4400 Asbury Rd., Class
E Liquor, Class B Wine, Class C Beer (Sun-
day)
United Automobile Workers, Local #94, 3450
Central Ave., Class B Beer (Sunday)
Passed, approved, and adopted this 7th
day of January 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
ITEMS SET FOR PUBLIC HEARING
Motion by Jones to receive and file the
documents, adopt the resolutions, set the pub-
lic hearings as indicated, and direct the City
Clerk to publish notice as prescribed by law.
Seconded by Resnick. Motion carried 7-0.
1. Dupaco Community Credit Union Devel-
opment Agreement: City Manager recom-
mending that the City Council set a public
hearing for January 22, 2019, on a proposed
Development Agreement between and among
Dupaco Voices, LLC, Dupaco Community
Credit Union and the City of Dubuque provid-
ing for the issuance of Urban Renewal Tax
Increment Revenue Grant Obligations for de-
velopment of property at 1000 Jackson Street.
Upon motion the documents were received
and filed and Resolution No. 16-19 Fixing the
date for a public hearing of the City Council of
the City of Dubuque, Iowa on a proposed De-
velopment Agreement between and among the
City of Dubuque, Iowa, Dupaco Voices, LLC
and Dupaco Community Credit Union, includ-
ing the issuance of Urban Renewal Tax Incre-
ment Revenue Obligations, and providing for
the publication of notice thereof was adopted
setting a public hearing for a meeting to com-
mence at 6:00 p.m. on January 22, 2019 in the
Historic Federal Building.
RESOLUTION NO. 16-19
FIXING THE DATE FOR A PUBLIC HEAR-
ING OF THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA ON A PROPOSED
DEVELOPMENT AGREEMENT BETWEEN
AND AMONG THE CITY OF DUBUQUE, IO-
WA, DUPACO VOICES, LLC AND DUPACO
COMMUNITY CREDIT UNION, INCLUDING
THE ISSUANCE OF URBAN RENEWAL TAX
17 Regular Session January 7, 2019 Book 149
INCREMENT REVENUE OBLIGATIONS,
AND PROVIDING FOR THE PUBLICATION
OF NOTICE THEREOF
Whereas, City, Dupaco Voices, LLC, and
Dupaco Community Credit Union have entered
into a Development Agreement, subject to the
approval of the City Council, for the rehabilita-
tion of property located at 1000 Jackson
Street, a copy of which Development Agree-
ment is now on file at the Office of the City
Clerk, City Hall, 50 W. 13th Street, Dubuque,
Iowa; and
Whereas, the City Council has tentatively
determined that it would be in the best inter-
ests of the City to approve the Development
Agreement with Dupaco Voices, LLC, and
Dupaco Community Credit Union; and
Whereas, it is deemed necessary and ad-
visable that the City Council authorize Urban
Renewal Tax Increment Revenue obligations,
as provided by Chapter 403 of the Code of
Iowa, and enter into the Development Agree-
ment for the purpose of carrying out the reha-
bilitation of property located at 1000 Jackson
Street; and
Whereas, before said obligations may be
approved, Chapter 403 of the Code of Iowa
requires that the City Clerk publish a notice of
the proposal and of the time and place of the
meeting at which the City Council proposes to
take action thereon and at which meeting the
City Council shall receive oral and/or written
objections from any resident or property owner
of the City to such proposed action.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Clerk is hereby author-
ized and directed to cause a notice to be pub-
lished as prescribed by Iowa Code Section
403.9 of a public hearing on the City's intent to
approve the Development Agreement and
authorize Urban Renewal Tax Increment Rev-
enue obligations, to be held on the 22nd day of
January 2019, at 6:00 o'clock p.m. in the City
Council Chambers at the Historic Federal
Building, 350 W. 6th St., Dubuque, Iowa.
Section 2. The City Council will meet at
said time and place for the purpose of taking
action on the matter of approving the Devel-
opment Agreement with Dupaco Voices, LLC
and Dupaco Community Credit Union. and
authorizing Urban Renewal Tax Increment
Revenue obligations, the proceeds of which
obligations will be used to carry out certain of
the special financing activities described in the
Amended and Restated Urban Renewal Plan
for the Greater Downtown Urban Renewal
District, consisting of the funding of economic
developments grants to Dupaco Voices, LLC
pursuant to the Development Agreement. It is
expected that the aggregate amount of the Tax
Increment Revenue obligations to be issued
will be approximately $2,000,000.
Section 3. The City Clerk is hereby di-
rected to cause at least one publication to be
made of a notice of said meeting, in a news-
paper, printed wholly in the English language,
published at least once weekly, and having
general circulation in said City, said publication
to be not less than four days nor more than
twenty days before the date of said meeting on
the issuance of said obligations.
Section 4. The notice of the public hearing
and the proposed action to issue said obliga-
tions shall be in substantially the form attached
hereto.
Passed, approved, and adopted this 7th
day of January 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Upper Bee Branch Creek Railroad Cul-
verts Project Stormwater Capital Loan Notes
(SRF Program): City Manager recommending
that the City Council set February 18, 2019 for
a public hearing on the proposition of selling
not to exceed $18,000,000 in Stormwater Utili-
ty Revenue Capital Loan Notes (State Revolv-
ing Loan Fund Program) for the Upper Bee
Branch Creek Railroad Culverts Project and
Midtown Transfer and Catfish Creek Water-
shed Pervious Alley Construction Sponsorship
Project. Upon motion the documents were
received and filed and Resolution No. 17-19
Fixing date for a meeting on the authorization
of a Loan and Disbursement Agreement and
the Issuance of Not to Exceed $18,000,000
Stormwater Management Utility Revenue Cap-
ital Loan Notes of the City of Dubuque, State
of Iowa, and providing for publication of notice
thereof was adopted setting a public hearing
for a meeting to commence at 6:00 p.m. on
February 19, 2019 in the Historic Federal
Building.
RESOLUTION NO. 17-19
FIXING DATE FOR A MEETING ON THE
AUTHORIZATION OF A LOAN AND DIS-
BURSEMENT AGREEMENT AND THE IS-
SUANCE OF NOT TO EXCEED $18,000,000
STORMWATER MANAGEMENT UTILITY
REVENUE CAPITAL LOAN NOTES OF THE
CITY OF DUBUQUE, STATE OF IOWA, AND
PROVIDING FOR PUBLICATION OF NO-
TICE THEREOF
Whereas, it is deemed necessary and ad-
visable that the City of Dubuque, State of Iowa
should provide for the authorization of a Loan
and Disbursement Agreement and the issu-
ance of Stormwater Management Utility Reve-
nue Capital Loan Notes, in the amount of not
to exceed $18,000,000, as authorized by Sec-
tion 384.84A of the Code of Iowa, as amend-
ed, for the purpose of providing funds to pay
18 Regular Session January 7, 2019 Book 149
costs of carrying out projects as hereinafter
described; and
Whereas, the City has applied for a loan
through the Iowa Water Pollution Control
Works Financing Program pursuant to which
the Iowa Finance Authority has agreed to pur-
chase the City's Notes and has requested that
such Notes be issued as a single Note in a
denomination equal to the total amount of the
issue as authorized by Chapter 384 of the
Code of Iowa; and
Whereas, the Loan and Disbursement
Agreement and Note shall be payable solely
and only out of the Net Revenues of the
Stormwater Management Utility System and
shall be a first lien on the future Net Revenues
of the Utility; and shall not be general obliga-
tions of the City or payable in any manner by
taxation and the City shall be in no manner
liable by reason of the failure of the Net Reve-
nues to be sufficient for the payment of the
Loan and Disbursement Agreement and Note;
and
Whereas, before the Loan and Disburse-
ment Agreement may be authorized and
Stormwater Management Utility Revenue Cap-
ital Loan Notes may be issued to evidence the
obligation of the City thereunder, it is neces-
sary to comply with the provisions of the Code
of Iowa, as amended, and to publish a notice
of the proposal to issue such notes and of the
time and place of the meeting at which the
Council proposes to take action for the author-
ization of the Loan and Disbursement Agree-
ment and Notes and to receive oral and/or
written objections from any resident or proper-
ty owner of the City to such action, and the
right to petition for an election thereon.
NOW, THEREFORE, BE IT RESOLVED
BY THE City Council OF THE City of Dubu-
que, STATE OF IOWA:
Section 1. That this City Council meet in
the Historic Federal Building, 350 West 6th
Street, Dubuque, Iowa, at 6:00 o'clock p.m., on
the 18th day of February, 2019, for the purpose
of taking action on the matter of the authoriza-
tion of a Loan and Disbursement Agreement
and the issuance of not to exceed $18,000,000
Stormwater Management Utility Revenue Cap-
ital Loan Notes to evidence the obligations of
the City thereunder, the proceeds of which will
be used to provide funds to pay the costs of
acquisition, construction, reconstruction, ex-
tending, remodeling, improving, repairing and
equipping all or part of the Stormwater Man-
agement Utility, including land acquisition,
engineering and construction of the Upper Bee
Branch Creek Railroad Culverts Project, part
of Phase 7 of the Bee Branch Watershed
Flood Mitigation Project, also known as the
Upper Bee Branch Creek Restoration Project
and water restoration project costs related to
the Midtown Transfer and Catfish Creek Wa-
tershed Pervious Alley Construction Project.
The Notes shall bear interest at a rate not ex-
ceeding the maximum specified in the at-
tached notice.
Section 2. That the Clerk is hereby directed
to cause at least one publication to be made of
a notice of the meeting, in a legal newspaper,
printed wholly in the English language, pub-
lished at least once weekly, and having gen-
eral circulation in the City. The publication to
be not less than thirty days before the date of
the public meeting on the issuance of the
Notes.
Section 3. The notice of the proposed ac-
tion to issue the notes shall be in substantially
the [provided] following form:
Passed, approved, and adopted this 7th
day of January 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
PUBLIC HEARINGS
1. Roosevelt Street Water Tower Project -
SRF Environmental Review: Proof of Publica-
tion on notice of public hearing to consider
approval of the Roosevelt Street Water Tower
Project Environmental Review, and the City
Manager recommending approval. Motion by
Resnick to receive and file the documents and
adopt Resolution No. 18-19 Approval of Envi-
ronmental Review as provided by SRF’s De-
partment of Natural Resources for the Roose-
velt Street Water Tower Project. Seconded by
Larson. Merrill Crawford, 2110 Jonathon Lane,
spoke in favor of the project and thanked the
council for addressing the water runoff issue
that has been plaguing his and his neighbors’
houses. Motion carried 7-0.
RESOLUTION NO. 18-19
APPROVAL OF ENVIRONMENTAL REVIEW
AS PROVIDED BY SRF’S DEPARTMENT OF
NATURAL RESOURCES FOR THE ROOSE-
VELT STREET WATER TOWER PROJECT
Whereas, public notification of the hearing
was advertised on November 23, 2018, a min-
imum of 30 days prior to the public hearing per
SRF IDNR requirements; and
Whereas, the environmental review docu-
ments as provided by SRF’s Department of
Natural Resources for the Roosevelt Street
Water Tower project, were available for public
viewing; and
Whereas, a public hearing was held on the
7th day of January 2019 at 6:00 p.m. in the
Historic Federal Building Council Chambers
(second floor) 350 W. 6th Street, Dubuque,
Iowa, at which time interested persons ap-
peared and heard for or against the proposed
environmental review of said Project; and
Whereas, a discussion was held on the
environmental impacts of said project; and
19 Regular Session January 7, 2019 Book 149
Whereas, a transcript of the public hearing
and a summary of public comments will be
available for public review.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the environmental review as provided
by SRF’s Department of Natural Resources for
the Roosevelt Street Water Tower project, is
hereby approved and staff is directed to submit
the required executed documentation to SRF,
Iowa Department of Natural Resources.
Passed, approved, and adopted this 7th
day of January 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Code of Ordinances Amendment Title 9
- Amending Residential Parking Permit District
H: Proof of Publication on notice of public
hearing to consider approval of an amendment
to the City of Dubuque Code of Ordinances
Title 9 Motor Vehicles and Traffic, that amends
Residential Parking Permit District H, by add-
ing Keystone Drive, both sides, from Phyllrich
Drive to its westerly terminus and changes the
parking restriction to 7 a.m. to 3 p.m. on school
days only, and the City Manager recommend-
ing 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 Shaw. Rob Bott,
1718 Sharon Drive, spoke in favor of the
amendment and hoped it would resolve issues
such has trespassing and trash in yards. Re-
sponding to questions from Mr. Bott and the
City Council, City Engineering Gus Psihoyos
stated that the amendment can be modified in
the future and that his department will notify
the School District about the effective date for
informing students. Mr. Bott will contact staff
directly with other questions related to permit-
ting. Motion carried 7-0.
Motion by Jones for final consideration and
passage of Ordinance No. 1-19 Amending City
of Dubuque Code of Ordinances Title 9 Motor
Vehicles and Traffic, Chapter 14 Parking, Divi-
sion 7 Residential Parking Permit Program,
Section 9-14-321.740 Residential Parking
Permit District H. Seconded by Shaw. Motion
carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 1-19
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 9 MOTOR VEHICLES
AND TRAFFIC, CHAPTER 14 PARKING,
DIVISION 7 RESIDENTIAL PARKING PER-
MIT PROGRAM, SECTION 9-14-321.740
RESIDENTIAL PARKING PERMIT DISTRICT
H
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 9-14-321.740 of the City
of Dubuque Code of Ordinance is hereby
amended to read as follows:
9-14-321.740: RESIDENTIAL PARKING
PERMIT DISTRICT H:
A. The following described area constitutes
a residential parking permit district designated
as residential parking permit district H:
Hansel Drive, between Keystone Drive
and Keymont Drive.
Keymont Drive from Key Way Drive to
its westerly terminus.
Phyllrich Drive from Keystone Drive to
Keymont Drive
Vizaleea Drive from Pennsylvania Ave-
nue to Keystone Drive.
Keystone Drive from Phyllrich to its
westerly terminus.
B. No vehicles shall park curbside in Resi-
dential Parking Permit District H during the
hours of seven o'clock (7:00) a.m. to three
o'clock (3:00) p.m., on school days only, with-
out displaying a valid parking permit issued by
the City.
Section 2. This Ordinance shall take effect
upon publication.
Passed, approved, and adopted this 7th
day of January 2019.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 11th day of January 2019.
/s/Kevin S. Firnstahl, City Clerk
3. Upper Bee Branch Creek Railroad Cul-
verts Project: Proof of Publication on notice of
public hearing to consider plans, specifica-
tions, form of contract, and estimated cost for
the Upper Bee Branch Creek Railroad Culverts
Project and the City Manager recommending
approval. Motion by Resnick to receive and file
the documents and adopt Resolution No. 19-
19 Approval of plans, specifications, form of
contract, and estimated cost for the Upper Bee
Branch Creek Railroad Culverts Project. Se-
conded by Larson. Motion carried 7-0.
RESOLUTION NO. 19-19
APPROVAL OF PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATED
COST FOR THE UPPER BEE BRANCH
CREEK RAILROAD CULVERTS 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 cost for the
Upper Bee Branch Creek Railroad Culverts
Project, in the estimated amount
$30,208,431.00, are hereby approved.
20 Regular Session January 7, 2019 Book 149
Passed, adopted, and approved this the 7th
day of January 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
4. Historic Federal Building Roof Restora-
tion Project: Proof of publication on notice of
public hearing to consider approval of the
plans, specifications, form of contract and es-
timated cost for the Historic Federal Building
Roof Restoration Project, and the City Manag-
er recommending approval. Motion by Larson
to receive and file the document and adopt
Resolution No. 20-19 Approval of plans, speci-
fications, form of contract, and estimated cost
for the Historic Federal Building Roof Restora-
tion Project. Seconded by Del Toro. Motion
carried 7-0.
RESOLUTION NO. 20-19
APPROVAL OF PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATED
COST FOR THE HISTORIC FEDERAL
BUILDING - ROOF RESTORATION PRO-
JECT
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
Historic Federal Building Roof Restoration
Project, in the estimated amount $275,000.00,
are hereby approved.
Passed, adopted, and approved this the 7th
day of January 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
ACTION ITEMS
1. Code of Ordinances Amendment Title
16 - Zoning Advisory Commission Voting
Quorum (Second Reading): Zoning Advisory
Commission recommending approval of
amending ordinance the Unified Development
Code (Zoning Ordinance) sections 16-9-1
(J)(5), 16-9-5-2(B), 16-9-6-2(B), and 16-9-6-3
to modify voting requirements for the Zoning
Advisory Commission. Motion by Jones for
second reading of a proposed ordinance
amending Title 16 Unified Development Code
of the City Code of Ordinances, by amending
Section 16-9-1(J)(5), Section 16-9-5-2(B), Sec-
tion 16-9-6-2(B) and Section 16-9-6-3 to re-
move the requirement for a minimum of four
affirmative votes by the Zoning Advisory
Commission for a recommendation of approval
for rezonings and text amendments. Seconded
by Resnick. Council Member Del Toro reiterat-
ed his concerns from the first reading and cited
only two previous zoning instances that would
warrant the change. Motion carried 4-3 with
Rios, Shaw, and Del Toro voting nay.
2. Small Cell Aesthetic Guidelines: City
Manager recommending approval of the Small
Cell Design Guidelines and ordinance prior to
a Federal Communications Commission
(FCC)-imposed deadline of January 14, 2019,
for having such guidelines in writing. Motion by
Larson to receive and file the documents and
that the requirement that a proposed ordi-
nance be considered and voted on for pas-
sage at two Council meetings prior to the
meeting at which it is to be passed be sus-
pended. Seconded by Jones. Responding to
questions from the City Council, Cable TV
Division Manager Craig Nowack, stated that
other cities were researched for comparable
guidelines and that it was a collaboration
among affected departments. He added that
the guidelines can be modified after the re-
quired approval date of January 14, 2019. Mo-
tion carried 7-0.
Motion by Larson for final consideration
and passage of Ordinance No. 3-19 Requiring
the City Manager to develop, with the approval
of the City Council, written guidelines to estab-
lish general procedures and standards, con-
sistent with all applicable Federal and State
laws, for the siting, construction, installation,
collocation, modification, relocation, operation
and removal of small cell wireless technology
within the City’s right-of-way and on City prop-
erty. Seconded by Del Toro. Motion carried 7-
0.
OFFICIAL PUBLICATION
ORDINANCE NO. 3-19
REQUIRING THE CITY MANAGER TO DE-
VELOP, WITH THE APPROVAL OF THE
CITY COUNCIL, WRITTEN GUIDELINES TO
ESTABLISH GENERAL PROCEDURES AND
STANDARDS, CONSISTENT WITH ALL AP-
PLICABLE FEDERAL AND STATE LAWS,
FOR THE SITING, CONSTRUCTION, IN-
STALLATION, COLLOCATION, MODIFICA-
TION, RELOCATION, OPERATION AND
REMOVAL OF SMALL CELL WIRELESS
TECHNOLOGY WITHIN THE CITY’S RIGHT-
OF-WAY AND ON CITY PROPERTY
Section 1. City of Dubuque Code of Ordi-
nances Title 11 Rights-Of-Way is amended by
adding the following new Chapter 7:
Chapter 7
SMALL CELL AESTHETIC GUIDELINES
11-7-1: SMALL CELL AESTHETIC GUIDE-
LINES PROGRAM ESTABLISHED:
The city manager shall develop, with the
approval of the city council, written guidelines
to establish general procedures and stand-
ards, consistent with all applicable federal and
state laws, for the siting, construction, installa-
tion, collocation, modification, relocation, oper-
ation, and removal of small cell wireless tech-
nology within the city’s right of way and on city
property.
21 Regular Session January 7, 2019 Book 149
Section 2. This Ordinance shall take effect
upon publication.
Passed, approved, and adopted this 7th
day of January 2019.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 11th day of January 2019.
/s/Kevin S. Firnstahl, City Clerk
3. Renaming of Northview Drive to Miracle
League Drive: City Manager recommending
City Council approval to rename Northview
Drive to Miracle League Drive. Motion by Lar-
son 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. 4-19 Renaming
Northview Drive to Miracle League Drive. Se-
conded by Del Toro. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 4-19
RENAMING NORTHVIEW DRIVE TO MIRA-
CLE LEAGUE DRIVE
Whereas, The Miracle League of Dubuque
(Miracle League) has entered into a Field De-
velopment Agreement with the City to con-
struct special recreational facilities known as
the Miracle League Complex on which individ-
uals with special needs compete and play
within Veterans Memorial Park; and
Whereas, Miracle League has requested
that Northview Drive be renamed to Miracle
League Drive; and
Whereas, there are currently two North-
view Drives located in the city of Dubuque and
the proposed street renaming will remove a
street name duplication; and
Whereas, no dwellings or commercial es-
tablishments will be affected by the street
name change; and
Whereas, Iowa Code §592.7 requires mu-
nicipalities seeking to change a street name do
so by ordinance.
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, AS FOLLOWS:
Section 1. The street originally named
Northview Drive be and is hereby renamed
Miracle League Drive as shown on the Exhibit
attached hereto and made a part hereof.
Section 2. That every reference in the Mu-
nicipal Code of the City of Dubuque, to the
Northview Drive impacted by this change be
interpreted to refer to Miracle League Drive.
Section 3. That appropriate records of the
City, including all maps which are part of the
City’s Comprehensive Plan, shall be adjusted
accordingly to reflect the name change.
Section 4. The proper officers, employees,
and agents of the City are hereby authorized,
empowered, and directed to do all such acts
and things and to execute and deliver all doc-
uments and instruments as may be necessary
to carry out the intent and accomplish the pur-
poses of this Ordinance in accordance with its
terms.
Section 5. Upon approval of this Ordi-
nance, the City Clerk is hereby authorized and
directed to forward a certified copy of this ordi-
nance to the Dubuque County Recorder,
Dubuque County Auditor, and Dubuque Coun-
ty Assessor. The City Clerk is hereby further
authorized and directed to forward a copy of
this ordinance to the U.S. Post Office-Address
Programs Office, U.S. Post Office Technical
Sales and Services, Police Department, and
Fire Department.
Section 6. This Ordinance shall take effect
upon publication.
Passed, approved, and adopted this 7th
day of January 2019.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
Newspaper on the 11th day of January 2019.
/s/Kevin S. Firnstahl, City Clerk
4. Operation New View Community Action
Agency Funding: City Manager recommending
approval to provide funding assistance to Op-
eration New View Community Action Agency.
Motion by Shaw to receive and file and ap-
prove. Seconded by Resnick. Responding to
questions from the City Council, City Manager
Van Milligen and Council Member Shaw, both
ONV Board Members, outlined what solutions
and future funding options are being sought by
the ONV Board. Motion carried 7-0.
5. Establishing Radford Road Urban Revi-
talization Area: City Manager recommending
adoption of an ordinance designating the Rad-
ford Road Urban Revitalization Area. Motion
by Jones to receive and file the documents
and that the requirement that a proposed ordi-
nance be considered and voted on for pas-
sage at two Council meetings prior to the
meeting at which it is to be passed be sus-
pended. Seconded by Resnick. Motion carried
7-0.
Motion by Jones for final consideration and
passage of Ordinance No. 5-19 Amending City
of Dubuque Code of Ordinances Title 3, Reve-
nue and Taxation, Chapter 2 Revitalization
Areas, by Adopting a New Section 15 Radford
Road, Establishing the Radford Road Urban
Revitalization Area, and Establishing Re-
quirements for Qualifying Property Owners.
Seconded by Resnick. Motion carried 7-0.
22 Regular Session January 7, 2019 Book 149
OFFICIAL PUBLICATION
ORDINANCE NO. 5-19
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 3, REVENUE AND
TAXATION, CHAPTER 2 REVITALIZATION
AREAS, BY ADOPTING A NEW SECTION 15
RADFORD ROAD, ESTABLISHING THE
RADFORD ROAD URBAN REVITALIZATION
AREA, AND ESTABLISHING REQUIRE-
MENTS FOR QUALIFYING PROPERTY
OWNERS
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. City of Dubuque Code of Ordi-
nances Title 3, Chapter 2 is hereby amended
by adding the following:
3-2-15: Radford Road
The area hereinafter described is hereby
designated as the Radford Road Urban Revi-
talization Area in accordance with the code of
Iowa:
Lot 1 Wolff Place No 2 in the County of
Dubuque, IA City of Dubuque, City of
Dubuque, Iowa, according to the rec-
orded plat thereof.
Section 2. The Radford Road Urban Revi-
talization Plan is hereby adopted and ap-
proved and the properties within said de-
scribed area shall be subject to the provisions
of said plan.
Section 3. That the Radford Road Urban
Revitalization Plan shall hereafter be on file in
the City Clerk’s Office, City Hall, Dubuque,
Iowa.
Section 4. That the City Clerk is hereby au-
thorized and directed to publish this Ordinance
on or after January 7, 2019, provided that the
City Clerk prior to that date has received no
valid petition requesting a second public hear-
ing, and in the event such petition has been
received, then this Ordinance shall be null and
void.
Passed, approved, and adopted this 7th
day of January 2019.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
Newspaper on the 11th day of January 2019.
/s/Kevin S. Firnstahl, City Clerk
6. Landover Corporation Requests City
Support for Low-Income Housing Tax Credit
Application: City Manager Recommending
Supporting Landover Corporation Application
for Low-Income Housing Tax Credit for Rad-
ford Road Housing Development. Motion by
Shaw to receive and file the documents and
adopt Resolution No. 21-19 Supporting Land-
over Corporation Application for Low-Income
Housing Tax Credit for Radford Road Housing
Development. Seconded by Resnick. Re-
sponding to questions from the City Council,
Landover President, Richard Silva stated that
approximately 90% of the units will be afforda-
ble housing with the remaining 10% at market
rate, approximately 5 units will be three-
bedroom with the remaining units two- to
three-bedroom. Mr. Silva expects the project to
be pet friendly. Motion carried 7-0.
RESOLUTION NO. 21-19
SUPPORTING LANDOVER CORPORATION
APPLICATION FOR LOW-INCOME HOUS-
ING TAX CREDIT FOR RADFORD ROAD
HOUSING DEVELOPMENT
Whereas Ordinance 5-19 of January 7,
2019, designated the Radford Road Revitaliza-
tion Area as defined in Section 404 of the Iowa
Code; and
Whereas, the Developer Landover Corpo-
ration requested City support for the Tax Cred-
it application to the State of Iowa to develop
1895 Radford Road; and
Whereas, the Low-Income Housing Tax
Credit Application by Landover Corporation to
the State of Iowa is consistent with the devel-
opment of affordable, housing described in the
Radford Road Urban Revitalization Plan.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The City Council supports the
development of affordable housing located at
1895 Radford Road.
Section 2. The proposed development for
Radford Road Housing Development is locat-
ed within the Radford Road Urban Revitaliza-
tion Area and eligible for a 10-year 100% tax
abatement from the value added by the im-
provements, estimated at $76,000 per year.
Passed, approved, and adopted this 7th
Day of January 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
7. Establish Nativity / Alta Vista Urban Re-
vitalization Area: City Manager recommending
adoption of an ordinance establishing the Na-
tivity / Alta Vista Urban Revitalization Area.
Motion by Jones to receive and file the docu-
ments and that the requirement that a pro-
posed ordinance be considered and voted on
for passage at two Council meetings prior to
the meeting at which it is to be passed be sus-
pended. Seconded by Shaw. Motion carried 7-
0.
Motion by Jones for final consideration and
passage of Ordinance No. 6-19 Amending City
of Dubuque Code of Ordinances Title 3, Reve-
nue and Taxation, Chapter 2 Revitalization
Areas, by Adopting a New Section 14 Nativity
Place, Establishing the Nativity Urban Revitali-
zation Area, and Establishing Requirements
for Qualifying Property Owners. Seconded by
Shaw. Motion carried 7-0.
23 Regular Session January 7, 2019 Book 149
OFFICIAL PUBLICATION
ORDINANCE NO. 6-19
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 3, REVENUE AND
TAXATION, CHAPTER 2 REVITALIZATION
AREAS, BY ADOPTING A NEW SECTION 14
NATIVITY PLACE, ESTABLISHING THE
NATIVITY ROAD URBAN REVITALIZATION
AREA, AND ESTABLISHING REQUIRE-
MENTS FOR QUALIFYING PROPERTY
OWNERS
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. City of Dubuque Code of Ordi-
nances Title 3, Chapter 2 is hereby amended
by adding the following:
3-2-14: Nativity Place
The area hereinafter described is hereby
designated as the Nativity Road Urban Revital-
ization Area in accordance with the Code of
Iowa:
Church of the Nativity Pl in the County
of Dubuque, IA City of Dubuque, City of
Dubuque, Iowa, according to the rec-
orded plat thereof.
Section 2. The Alta Vista Urban Revitaliza-
tion Plan is hereby adopted and approved and
the properties within said described area shall
be subject to the provisions of said plan.
Section 3. That the Alta Vista Urban Revi-
talization Plan shall hereafter be on file in the
City Clerk’s Office, City Hall, Dubuque, Iowa.
Section 4. That the City Clerk is hereby au-
thorized and directed to publish this Ordinance
on or after January 7, 2018, provided that the
City Clerk prior to that date has received no
valid petition requesting a second public hear-
ing, and in the event such petition has been
received, then this Ordinance shall be null and
void.
Passed, approved, and adopted this 7th
day of January 2019.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 11th day of January 2019.
/s/Kevin S. Firnstahl, City Clerk
8. Horizon Development Group, Inc Re-
quests City Support for Low-Income Housing
Tax Credit Application: City Manager recom-
mending approval of a resolution supporting
the Low-Income Housing Tax Credit Program
application to the Iowa Finance Authority by
Horizon Development Group, Inc. for the Na-
tivity Senior Housing Project at 1225 Alta
Vista. Motion by Resnick to receive and file the
documents and adopt Resolution No. 22-19
Supporting Horizon Development Group, Inc.,
Application for Low-Income Housing Tax Cred-
it for Nativity Senior Housing Project. Second-
ed by Jones. Motion carried 7-0.
RESOLUTION NO. 22-19
SUPPORTING HORIZON DEVELOPMENT
GROUP, INC APPLICATION FOR LOW-
INCOME HOUSING TAX CREDIT FOR NA-
TIVITY SENIOR HOUSING PROJECT
Whereas Ordinance 6-19 of January 7,
2019, designated the Nativity Road Revitaliza-
tion Area as defined in Section 404 of the Iowa
Code; and
Whereas, the Developer Horizon Devel-
opment Group, Inc requested City support for
the Tax Credit application to the State of Iowa
to develop 1225 Alta Vista; and
Whereas, the Low-Income Housing Tax
Credit Application by Horizon Development
Group, Inc to the State of Iowa is consistent
with the development of affordable, housing
described in the Alta Vista Urban Revitalization
Plan.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council supports the
development of affordable housing located at
1225 Alta Vista.
Section 2. The proposed development for
Nativity Senior Housing Development is locat-
ed within the Nativity Road Urban Revitaliza-
tion Area and eligible for a 10-year 100% tax
abatement from the value added by the im-
provements, estimated at $72,279 per year.
Passed, approved, and adopted this 7th
Day of January 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
9. Mayor and City Council Appointments to
Various Boards and Commission: City Council
to review and determine any changes to Mayor
and Council Member appointments and repre-
sentation on various boards and commissions.
Restated motion by Resnick to receive and file
the documents and approve the changes as
discussed. Seconded by Larson. Following
discussion, Council Member Rios will replace
Council Member Larson on the Dubuque Initia-
tives Board. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Council Member Jones reported on the
death of firefighter Lt. Eric Hosette and injury
to firefighter Adam Cain at a recent silo fire in
Clinton, Iowa. Mr. Jones expressed condo-
lences to the family on behalf of the City
Council and the Dubuque Fire Department.
Additionally, the Special Olympics begins
Monday, January 14, with an opening ceremo-
ny on the Riverwalk.
24 Regular Session January 22, 2019 Book 149
Council Member Resnick thanked the City
Council and staff for their support and work on
the Operation New View funding item. Mr.
Resnick expressed gratitude to the four coun-
ties’ governing bodies for their assistance, and
recognized ONV Board President Steve
Drahozal, who was in attendance, for his work.
There being no further business, upon mo-
tion the City Council adjourned at 7:08 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular
session at 6:00 p.m. on January 22, 2019 in
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
PROCLAMATION(S)
1. Eagles Eyes on the Future Month (Jan-
uary 2019) was accepted by Michael Duehr of
the Fraternal Order of Eagles, 1175 Century
Drive.
CONSENT ITEMS
Motion by Resnick to receive and file the
documents, adopt the resolutions, and dispose
of as indicated. Seconded by Jones. Ginger
Smith requested Item #20 be held for separate
discussion. Motion carried 7-0.
1. Minutes and Reports Submitted: Airport
Commission of 5/15/18, 6/25/18, 8/6/18,
9/24/18; City Council Proceedings of 1/7/19;
Cable TV Commission of 1/9/19; Library Board
of Trustees Minutes of 10/25/18, 11/29/18; and
Council Update #178 of 12/20/18; Resilient
Community Advisory Commission of 10/4/18,
11/1/18, 12/6/18 and 1/3/19; Transit Advisory
Board of 1/10/19; Zoning Advisory Commis-
sion of 1/2/19; Proof of Publication for City
Council Proceedings of 12/17/18. Upon motion
the documents were received and filed.
2. Notice of Claims and Suits: SPT Real
Estate, LLC / Shawn Thomas, Sr., for property
damage. Upon motion the documents were
received, filed, and referred to the City Attor-
ney.
3. Disposition of Claims: City Attorney ad-
vising that the following claims have been re-
ferred to Public Entity Risk Services of Iowa,
the agent for the Iowa Communities Assurance
Pool: SPT Real Estate, LLC / Shawn Thomas,
25 Regular Session January 22, 2019 Book 149
Sr., for property damage. Upon motion the
documents were received, filed, and concur.
4. Approval of City Expenditures: City
Manager recommending Council approval for
payment of City expenditures. Upon motion
the documents were received and filed, and
Resolution No. 23-19 Authorizing the Finance
Director-City Treasurer to make certain pay-
ments of bills that must be paid and approved
for payment in accordance with City proce-
dures was adopted.
RESOLUTION NO. 23-19
AUTHORIZING THE FINANCE DIRECTOR-
CITY TREASURER TO MAKE CERTAIN
PAYMENTS OF BILLS THAT MUST BE PAID
AND APPROVED FOR PAYMENT IN AC-
CORDANCE 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 req-
uisitioned for a lawful municipal purpose; and
Whereas, the Finance Director-City Treas-
urer 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 pay-
ment 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 requested
by designated requisitioning authorities in ac-
cordance with approved budget appropria-
tions.
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 22nd
day of January 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. Historic Route 20 Designation: City
Manager recommending approval of a resolu-
tion in support of the designation of Highway
20 in the City limits of Dubuque as Historic
Route 20. Upon motion the documents were
received and filed, and Resolution No. 24-19
Declaring support of designation and intent of
the placement of Historic Route 20 signage on
the state-maintained road was adopted.
RESOLUTION NO. 24-19
DECLARING SUPPORT OF DESIGNATION
AND INTENT OF THE PLACEMENT OF HIS-
TORIC ROUTE 20 SIGNAGE ON THE STATE
MAINTAINED ROAD
Whereas, U.S. Highway Route 20 was
created in 1926 from Boston, MA to Yellow-
stone National Park, WY and by 1943, U.S.
Highway Route 20 was extended to Newport,
OR – a distance of 3,365 miles; and
Whereas, U.S. Highway Route 20 extend-
ed 333 miles between Dubuque and Sioux
City, Iowa; and
Whereas, U.S. Highway Route 6 was de-
commissioned in most of California in 1964,
making U.S. Highway Route 20 the longest
highway in the country, and over the years,
U.S. Highway Route 20 has conveyed com-
merce and pleasure travelers whose needs
were met by nearby cities and counties; and
Whereas, the State of Iowa has been work-
ing since 1952, to relocate U.S. Highway
Route 20 to a four-lane highway; and though
largely supplanted by the four-lane highway
route, the original segment of U.S. Highway
Route 20 remains, although most are no long-
er identified as such; and
Whereas, former U.S. Highway Route 20
served as the main street of many Iowa cities
and towns along its length and, though no
longer designated as former U.S. Highway
Route 20, these segments represent both
state and local historic significance; and
Whereas, the Historic US Route 20 Asso-
ciation, Inc., is a nonprofit 501 (c)3 organiza-
tion aimed to promote tourism and economic
development along the original 1926 alignment
of US Route 20, and provides historic route
markers to a local agency to act as a wayfind-
ing tool to guide tourists and travelers on the
1926 alignment; and
Whereas, designation of a Historic Route
and the permission of placement of historic
markers on State Public Highways must come
from the Iowa Department of Transportation;
and
Whereas, without formal designation, the
history and contribution of these segments of
26 Regular Session January 22, 2019 Book 149
U.S. Highway Route 20 to the development of
the state would remain less known; and
Whereas, recognition of these segments
will foster the economic health and cultural
preservation of small communities and towns
located along the highway, it is fitting that a
means to designate these historic sections of
former U.S. Highway Route 20 be established.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City of Dubuque hereby
recognizes the original 1926 segment of for-
mer U.S. Highway Route 20 in the corporate
limits as Historic Route 20 (Iowa) for its histori-
cal significance and importance in the devel-
opment of Iowa.
Section 2. The City of Dubuque Iowa
commits to the permitting and placement of ten
(10) Historic Route 20 Markers within its bor-
ders, with two (2) on Iowa Department of
Transportation property paid for by the Historic
Route 20 Association, Inc. and eight (8) on
City right-of-way paid for by Travel Dubuque.
Section 3. That the Iowa Department of
Transportation, upon receipt of this resolution
by all interested local agencies along the origi-
nal segment of U.S. Highway Route 20, is
asked to designate that section of highway as
Historic Route 20 (Iowa).
Section 4. The City Clerk is directed to
transmit certified copies of this resolution to
the Historic US Route 20 Association and to
the Iowa Department of Transportation.
Passed, approved, and adopted this 22nd
day of January 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
6. Finance Department - Cashier Position:
City Manager recommending approval to elim-
inate one Cashier position and create one Ac-
count Clerk I position in the Finance Depart-
ment. Upon motion the documents were re-
ceived, filed and approved.
7. Industrial Electronics Technician: City
Manager recommending that the vacant
Maintenance Electrician position at the Water
and Resource Recovery Center be reclassified
and retitled as an Industrial Electronics Tech-
nician and the Electronic Technician position
also be retitled as an Industrial Electronics
Technician. Upon motion the documents were
received, filed and approved.
8. Civil Service Commission - Certified List:
Civil Service Commission submitting the Certi-
fied List for the position of Bus Operator. Upon
motion the documents were received, filed,
and made a Matter of Record.
December 21, 2018
Honorable Mayor and Members of the City
Council
In accordance with Chapter 400 of the
Code of Iowa, an entrance examination for the
position of Bus Operator was administered on
November 27, 2018. We hereby certify that the
individuals listed below have passed this writ-
ten examination and the vacancy for this posi-
tion should be made from this list and that this
list is good for one (1) year from above date.
Bus Operator
1. Linda Lentner, 2. Clayton Coleman, 3. Rob-
erto Miranda, 4. Latisha McKnight, 5. Robert
Giers, 6. Steve Kamentz, 7. Kelley Duehr, 8.
Cynthia Coleman, 9. Gary Meyer, 10. Randy
Weber, 11. Peter Herrig, 12. Michael Feltes,
13. Sean Kelley, 14. Sheri Foust, 15. Saint
Theresa Sago, 16. Nancy Schadle, 17. James
Poll, 18. Gerald Cullen
Respectfully submitted,
/s/Dan White
Dan White, Chairman
Civil Service Commission
9. Resilient Community Advisory Commis-
sion Request to Declare Position Vacant: Cor-
respondence from the Resilient Community
Advisory Commission requesting that a posi-
tion be declared vacant and a replacement
appointed. Upon motion the documents were
received, filed and approved.
10. Kohl's Property Tax Appeal Stipulation
of Settlement: Senior Counsel recommending
approval of a Stipulation of Settlement for a
property tax appeal filed by Kohl's for their
property at 2595 NW Arterial. Upon motion the
documents were received, filed and approved.
11. Pre-Annexation Agreement - Mathy
Construction: City Manager recommending
approval of a Pre-Annexation Agreement with
Mathy Construction Company for property
located at 4900 Dodge Street, which is located
outside the City limits. Upon motion the docu-
ments were received and filed, and Resolution
No. 25-19 Approving a Pre-Annexation
Agreement between the City of Dubuque, Iowa
and Mathy Construction Company was adopt-
ed.
RESOLUTION NO. 25-19
APPROVING A PRE-ANNEXATION
AGREEMENT BETWEEN THE CITY OF
DUBUQUE, IOWA AND MATHY CON-
STRUCTION COMPANY
Whereas, Mathy Construction Company,
the owner of the following described property
in Dubuque County, Iowa (the Property) have
submitted to the City Council of the City of
Dubuque an application for voluntary annexa-
tion of the Property to the City of Dubuque:
27 Regular Session January 22, 2019 Book 149
Lot three of Weber Acres in Sections
29 and 32, Township 89 North, Range
2 East of the in Section 4, Township 88
North, Range 2 East of the 5th P.M., in
Dubuque County, Iowa, according to
the United States Government Survey
and the recorded Plat thereof, subject
to easements of record; and
Whereas, Mathy Construction Company
has entered into a Pre-annexation Agreement
with the City of Dubuque a copy of which is
attached hereto governing the future annexa-
tion of the Property; and
Whereas, the Property is not subject to an
existing annexation moratorium; and
Whereas, the Property does not include
any state or railroad property; and
Whereas, Iowa Code Section 368.7 author-
izes the voluntary annexation of property in
Dubuque County, Iowa, and the extension of
city limits by voluntary annexation; and
Whereas, the annexation of the Property is
consistent with the Comprehensive Plan of the
City of Dubuque, necessary for the future or-
derly growth and development of the City of
Dubuque, and will promote efficient and cost-
effective extension of municipal services; and
Whereas, the City Council finds that the
annexation of the Property is in the public in-
terest.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Pre-annexation Agreement
by and between Mathy Construction Company
and the City of Dubuque is hereby approved.
Passed, approved, and adopted this 22nd
day of January 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
12. Pre-Annexation Agreement - Brian and
Angela Link: City Manager recommending
approval of a Pre-Annexation Agreement with
Brian R. and Angella M. Link, property owners
of Lot 4 in Twin Ridge Subdivision No. 4. Upon
motion the documents were received and filed,
and was adopted.
RESOLUTION NO. 26-19
APPROVING A PRE-ANNEXATION
AGREEMENT BETWEEN THE CITY OF
DUBUQUE, IOWA AND BRIAN R. AND AN-
GELLA M. LINK
Whereas, Brian R. and Angella M. Link,
owners of the following described property in
Dubuque County, Iowa (the Property) have
submitted to the City Council of the City of
Dubuque an application for voluntary annexa-
tion of the Property to the City of Dubuque:
Lot 4 of Twin Ridge Subdivision No. 4
in Section 12 in Table Mound Town-
ship, Dubuque County, Iowa, according
to the recorded plat thereof; and
Whereas, Brian R. and Angella M. Link
have entered into a Pre-annexation Agreement
with the City of Dubuque a copy of which is
attached hereto governing the future annexa-
tion of the Property; and
Whereas, the Property is not subject to an
existing annexation moratorium; and
Whereas, the Property does not include
any state or railroad property; and
Whereas, Iowa Code Section 368.7 author-
izes the voluntary annexation of property in
Dubuque County, Iowa and the extension of
city limits by voluntary annexation; and
Whereas, the annexation of the Property is
consistent with the Comprehensive Plan of the
City of Dubuque, necessary for the future or-
derly growth and development of the City of
Dubuque, and will promote efficient and cost-
effective extension of municipal services; and
Whereas, the City Council finds that the
annexation of the Property is in the public in-
terest.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Pre-annexation Agreement
by and between Brian R. and Angella M. Link
and the City of Dubuque is hereby approved.
Passed, approved, and adopted this 22nd
day of January 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
13. Community Housing Initiative (CHI)
Second Amendment to Agreement: City Man-
ager recommending approval of the Seconded
Amendment to the Agreement between the
City of Dubuque and Community Housing Initi-
atives (CHI) to reflect the increased amount of
the City’s contribution for the remaining 16
units. Upon motion the documents were re-
ceived and filed, and Resolution No. 27-19
Approving the Second Amendment to the
Agreement between the City of Dubuque, Iowa
and Community Housing Initiatives was adopt-
ed.
RESOLUTION NO. 27-19
APPROVING THE SECOND AMENDMENT
TO THE AGREEMENT BETWEEN THE CITY
OF DUBUQUE, IOWA, AND COMMUNITY
HOUSING INITIATIVES
Whereas, the City of Dubuque, Iowa (City)
and Community Housing Initiatives (CHI) en-
tered into an Agreement dated for reference
purposes on the 1st day of July 2016; and
Whereas, City and CHI amended the
Agreement, First Amendment, on November
6th, 2017; and
28 Regular Session January 22, 2019 Book 149
Whereas, City and CHI desire to amend
the Agreement as set forth in the attached
Second Amendment to the Agreement; and
Whereas, the City Council believes it is in
the best interests of the City of Dubuque to
approve the Second Amendment to the
Agreement.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City of Dubuque hereby ap-
proves the Second Amendment to the Agree-
ment between the City of Dubuque and Com-
munity Housing Initiatives, a copy of which is
attached hereto.
Section 2. The Mayor is authorized and di-
rected to sign the Second Amendment to the
Agreement on behalf of the City of Dubuque.
Passed, approved, and adopted this 22nd
day of January 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
14. Fiscal Year 2019 Community Devel-
opment Block Grant Annual Action Plan
Amendment 1: City Manager recommending
approval of the Fiscal Year 2019 Amendment
1 to the Community Development Block Grant
(CDBG) Annual Action Plan. Upon motion the
documents were received and filed, and Reso-
lution No. 28-19 Adopting Amendment 1 to the
Fiscal year 2019 (Program Year 2018) Com-
munity Development Block Grant (CDBG) An-
nual Action Plan was adopted.
RESOLUTION NO. 28-19
ADOPTING AMENDMENT 1 TO THE FISCAL
YEAR 2019 (PROGRAM YEAR 2018) COM-
MUNITY DEVELOPMENT BLOCK GRANT
(CDBG) ANNUAL ACTION PLAN
Whereas, the City of Dubuque prepared
and filed an Annual Action Plan for Fiscal Year
2019; and
Whereas, the City now desires to amend
said Annual Plan by reallocating funds be-
tween existing activities and providing funds
for new activities; and
Whereas, said amendment shall allocate
unspent resources in the Annual Action Plan
for Fiscal Year 2018 with resources for the
Annual Action Plan for Fiscal Year 2019; and
Whereas, said amendment is a substantial
amendment as provided in the City’s Citizen
Participation Plan and therefore must be ap-
proved by resolution of the City after a public
hearing by the Community Development Advi-
sory Commission; and
Whereas, the City made available for pub-
lic comment said Annual Action Plan on Octo-
ber 17, 2018 at a public meeting of the Com-
munity Development Advisory Commission;
and
Whereas, the Community Development
Advisory Commission reviewed said amend-
ment during a public hearing on November 28,
2018 and voted to approve said amendment
and recommend approval by the City Council.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Community Develop-
ment Block Grant Fiscal Year 2018 (Program
Year 2017) is hereby rescinded and the bal-
ance of funds from this plan are incorporated
into Fiscal Year 2019 Annual Action Plan
Amendment 1.
Section 2. That the Community Develop-
ment Block Grant Fiscal Year 2019 (Program
Year 2018) Annual Action Plan Amendment 1,
attached hereto as Exhibit A is hereby ap-
proved.
Section 3. That the Community Develop-
ment Block Grant Fiscal Year 2019 (Program
Year 2018) Annual Action Plan, as Amended,
shall be included in the Five-Year Consolidat-
ed Plan for the use of Community Develop-
ment Block Grant Funds for Fiscal Year 2016-
2020.
Passed, approved, and adopted this 22nd
day of January 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
15. Purina Drive Salt Storage Fabric Build-
ing Project Acceptance: City Manager recom-
mending acceptance of the construction con-
tract for the Purina Drive Salt Storage Fabric
Building Project as completed by A & B Con-
struction Limited. Upon motion the documents
were received and filed, and Resolution No.
29-19 Accepting the Purina Drive Salt Storage
Fabric Building Project and authorizing the
payment of the contract amount to the contrac-
tor was adopted.
RESOLUTION NO. 29-19
ACCEPTING THE PURINA DRIVE SALT
STORAGE FABRIC BUILDING PROJECT
AND AUTHORIZING THE PAYMENT OF THE
CONTRACT AMOUNT TO THE CONTRAC-
TOR
Whereas, the public improvement contract
for the Purina Drive Salt Storage Fabric Build-
ing (the Project) has been completed by the
contractor, A & B Construction Limited (Con-
tractor), the Public Works Director has exam-
ined the work and recommends that the Pro-
ject be accepted; and
Whereas, the final contract amount is
$394,098.00; and
Whereas, the Contractor has been previ-
ously paid $374,393.10, leaving a balance of
$19,704.90; and
29 Regular Session January 22, 2019 Book 149
Whereas, the City Council finds that the
recommendation of the Public Works Director
should be accepted.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The recommendation of the
Public Works Director is approved, and the
Project is hereby accepted.
Section 2. The Finance Director is hereby
directed to pay the Contractor the balance of
the retainage of $19,704.90 as provided in
Iowa Code chapter 573, and to pay such re-
tainage in accordance with the provisions of
Iowa Code chapter 573, or Iowa Code 26.13.
Passed, approved, and adopted this 22nd
day of January 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
16. Acceptance of Public Improvements in
South Pointe Subdivision: City Manager rec-
ommending acceptance of the public im-
provements that the developer, Dubuque
South Pointe, LLC, has recently completed in
South Pointe Subdivision. Upon motion the
documents were received and filed, and Reso-
lution No. 30-19 Accepting Public Improve-
ments in the South Pointe Subdivision in the
City of Dubuque, Iowa was adopted.
RESOLUTION NO. 30-19
ACCEPTING PUBLIC IMPROVEMENTS IN
SOUTH POINTE SUBDIVISION IN THE CITY
OF DUBUQUE, IOWA
Whereas, pursuant to Resolution 211-17,
certain public improvements including street
paving with curb, storm sewer and catch ba-
sins, storm water detention facilities, sanitary
sewer main, water main, fiber optic conduit,
and street lighting were installed by the devel-
oper of South Pointe 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 accord-
ance with the plans approved by the City
Council and in conformance with City specifi-
cations, and has recommended that the im-
provements be accepted by the City Council.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the recommendation of the
City Manager be approved and that said public
improvements in South Pointe Subdivision be
and the same is hereby accepted.
Section 2. That a maintenance guarantee
covering said public improvements shall be
provided by the owners, Dubuque South
Pointe, LLC, for a period of two (2) years from
the date of this resolution.
Passed, approved, and adopted this 22nd
day of January 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
17. Acceptance of 2017 Windsor Avenue
Sanitary Sewer Manhole Project: City Manager
recommending acceptance of the public im-
provement construction contract for the 2017
Windsor Avenue Sanitary Sewer Manhole Pro-
ject as completed by Drew Cook & Sons Ex-
cavating. Upon motion the documents were
received and filed, and Resolution No. 31-19
Accepting the 2017 Windsor Avenue Sanitary
Sewer Manhole Project was adopted.
RESOLUTION NO. 31-19
ACCEPTING THE 2017 WINDSOR AVENUE
SANITARY SEWER MANHOLE PROJECT
Whereas, the public improvement contract
for the 2017 Windsor Avenue Sanitary Sewer
Manhole Project, (the Project) has been com-
pleted by the Contractor, Drew Cook & Sons
Excavating (Contractor), the City Engineer has
examined the work and recommends that the
Project be accepted; and
Whereas, the final contract amount for the
Project is $18,390.38; and
Whereas, the Contractor has previously
been paid $17,470.86, leaving a balance of
$919.52; and
Whereas, the City Council finds that the
recommendation of the City Engineer should
be accepted.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City
Engineer is approved, and the Project is here-
by accepted.
Section 2. The Finance Director is hereby
directed to pay to the Contractor the balance
of the retainage of $919.52 as provided in Io-
wa Code chapter 573, and to pay such re-
tainage in accordance with the provisions of
Iowa Code chapter 573 or Iowa Code chapter
26.13.
Passed, approved, and adopted this 22nd
day of January 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL
COMPLETION OF 2017 WINDSOR AVENUE
SANITARY SEWER MANHOLE PROJECT
The undersigned City Engineer of the City
of Dubuque, Iowa, hereby certifies that he has
inspected the 2017 Windsor Avenue Sanitary
Sewer Manhole Project, and that said Project
has been performed in compliance with the
terms of the Public Improvement Contract, and
that the total cost of the completed work is
$21,148.94.
30 Regular Session January 22, 2019 Book 149
Dated this 15th day of January 2019.
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 15 th
day of January 2019.
/s/Kevin S. Firnstahl, City Clerk
18. Upper Bee Branch Creek Railroad Cul-
verts Project - Revised Notice to Bidders and
Bid Letting Date: City Manager recommending
approval of a resolution changing the deadline
for submission of bids for the Upper Bee
Branch Creek Railroad Culverts Project to 2:00
p.m. on February 5, 2019. Upon motion the
documents were received and filed, and Reso-
lution No. 32-19 Ratifying, confirming, and
approving the change in deadline for submis-
sion of bids and publication of an Amended
Notice to Bidders for the Upper Bee Branch
Creek Railroad Culverts Project was adopted.
RESOLUTION NO. 32-19
RATIFYING, CONFIRMING, AND APPROV-
ING THE CHANGE IN DEADLINE FOR
SUBMISSION OF BIDS AND PUBLICATION
OF AN AMENDED NOTICE TO BIDDERS
FOR THE UPPER BEE BRANCH CREEK
RAILROAD CULVERTS PROJECT
Whereas, on December 17, 2018, the City
Council adopted Resolution No. 379-18 provid-
ing for preliminary approval of the plans, speci-
fications, form of contract, and estimated cost
for the Upper Bee Branch Creek Railroad Cul-
verts Project (the Project); and
Whereas, the Notice to Bidders was posted
on December 21, 2018, in the Telegraph Her-
ald, in a relevant contractor plan room service
with statewide circulation and a relevant con-
struction lead generating service with
statewide circulation and on an internet site
sponsored by either the City or a statewide
association that represents the City; and
Whereas, the Project Engineer recom-
mended to City staff that additional time be
provided for potential bidders to prepare their
bids due to the complexity of the Project; and
Whereas, an amended Notice to Bidders
for the Project indicating the new deadline for
submission of bids of February 5, 2019, was
posted on January 18, 2019 in the Telegraph
Herald, once in a relevant contractor plan
room service with statewide circulation and a
relevant construction lead generating service
with statewide circulation and on an internet
site sponsored by either the City or a statewide
association that represents the City.
NOW, THEREFORE, BE IT RESOLVED
BY THE City Council OF THE City of DUBU-
QUE, IOWA:
Section 1. That the change in the deadline
for submission of bids is hereby ratified, con-
firmed, and approved.
Section 2. That the actions of the City
Clerk in changing the time and date for the
receipt of bids to before 2:00 p.m. on February
5, 2019, is hereby ratified, confirmed, and ap-
proved.
Section 3. That the actions of the City
Clerk in posting the amended Notice to Bid-
ders once in a relevant contractor plan room
service with statewide circulation and a rele-
vant construction lead generating service with
statewide circulation and on an internet site
sponsored by either the City or a statewide
association that represents the City not less
than thirteen clear days nor more than forty-
five days prior to February 5, 2019, which is
hereby fixed as the date for receiving bids, is
hereby ratified, confirmed, and approved. The
bids are to be filed prior to 2:00 p.m., on such
date.
Section 4. That the form of the amended
Notice to Bidders and posting thereof is hereby
ratified, confirmed, and approved.
Passed, approved, and adopted this 22nd
day of January 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
19. Dubuque Metropolitan Area Solid
Waste Agency (DMASWA) Budget and Fee
Schedule: Correspondence from the Dubuque
Metropolitan Solid Waste Agency informing the
City of the Agency's Fiscal Year 2020 Budget
and Fee Schedule. Upon motion the docu-
ments were received and filed.
20. Citizen Petition for Residential Parking
District for Norland Drive: Citizen Petition
submitted by Tony Fassbinder on behalf the
Norland Drive neighborhood supporting a Res-
idential Parking District from 7:00 a.m. to 3:00
p.m. Monday through Friday. Motion by Res-
nick to receive and file the documents and
refer to the City Manager. Seconded by Jones.
Ginger Smith requested that the City Council
temporarily suspend or allow one-side parking
within Residential Parking Permit District H
until the Hempstead Pool construction project
that is displacing the student parking is com-
plete. She stated that amending the District is
only pushing the student parking and conges-
tion to streets further east of the school. Mo-
tion carried 7-0.
21. Signed Contract(s): Revocable License
with Bries Holding, LLC for an ADA access
ramp at 1046 Central Avenue. Upon motion
the documents were received and filed.
22. 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. 33-19 Approving
applications for beer, liquor, and/or wine per-
mits, as required by City of Dubuque Code of
31 Regular Session January 22, 2019 Book 149
Ordinances Title 4 Business and License Reg-
ulations, Chapter 2 Liquor Control, Article B
Liquor, Beer and Wine Licenses and Permits
was adopted.
RESOLUTION NO. 33-19
APPROVING APPLICATIONS FOR BEER,
LIQUOR, AND/OR WINE PERMITS, AS RE-
QUIRED BY CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 4 BUSINESS AND LI-
CENSE REGULATIONS, CHAPTER 2 LIQ-
UOR CONTROL, ARTICLE B LIQUOR,
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 re-
quirements 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 author-
ized and directed to cause to be issued the
noted permit types to the following applicants
pending submission of the locally required
documentation:
Renewals
AMC Theatres Dubuque 14, 2835 NW Arterial,
Class C Liquor (Sunday)
Baymont Inn & Suites, 4025 McDonald Dr.,
Class B Liquor (Outdoor) (Sunday)
Casey's General Store #3473, 1072 Cedar
Cross Rd., Class E Liquor, Class B Wine,
Class B Native Wine, Class C Beer (Sun-
day)
El Paisano Grocery Store, 1543 Central Ave.,
Class C Beer (Sunday)
Fuji Asian Buffet, 806 Wacker Dr., Special
Class C Liquor (Sunday)
Hy-Vee Clubroom, 400 S. Locust St., Special
Class C Liquor (Sunday)
Mario's Italian Restaurant and Lounge, 1298
Main St., Class C Liquor
RMN Lounge, LLC, 481 Locust St., Class C
Liquor (Outdoor) (Sunday)
Passed, approved, and adopted this 22nd
day of January 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
ITEMS SET FOR PUBLIC HEARING
Motion by Del Toro to receive and file the
documents, adopt the resolutions, set the pub-
lic hearings as indicated, and direct the City
Clerk to publish notice as prescribed by law.
Seconded by Resnick. Motion carried 7-0.
1. Dubuque County Historical Society Ice
Harbor Fifth Amendment to Lease Agreement:
Senior Counsel recommending that the City
Council set a public hearing on February 4,
2019 to consider the intent to dispose of an
interest in City-owned real estate by Fifth
Amendment to Lease Agreement between the
City of Dubuque, Iowa and Dubuque County
Historical Society (DCHS). Upon motion the
documents were received and filed, and Reso-
lution No. 34-19 Intent to dispose of an interest
in real property by Fifth Amendment to Lease
between the City of Dubuque, Iowa and Dubu-
que County Historical Society was adopted
setting a public hearing for a meeting to com-
mence at 6:00 p.m. on February 4, 2019 in the
Historic Federal Building.
RESOLUTION NO. 34-19
INTENT TO DISPOSE OF AN INTEREST IN
REAL PROPERTY BY FIFTH AMENDMENT
TO LEASE BETWEEN THE CITY OF DUBU-
QUE, IOWA, AND DUBUQUE COUNTY HIS-
TORICAL SOCIETY
Whereas, the City of Dubuque, Iowa (City)
and Dubuque County Historical Society
(DCHS) entered into a Lease Agreement
(Lease) on June 5, 2000 for certain real prop-
erty (Demised Premises) described in Exhibit
A attached thereto; and
Whereas, City and DCHS amended the
Lease by the First, Second, Third, and Fourth
Amendments to the Lease Agreement; and
Whereas, City and DCHS desire to further
amend the Lease as set forth in the attached
Fifth Amendment; and
Whereas, the City Council has tentatively
determined that it would be in the best inter-
ests of the City to approve the Fifth Amend-
ment to the Lease with DCHS.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City of Dubuque intends to
dispose of its interest in the real property de-
scribed in the Fifth Amendment to Lease be-
tween City and DCHS.
Section 2. The City Clerk is hereby author-
ized and directed to cause this Resolution and
a notice to be published as prescribed by Iowa
Code § 364.7 of a public hearing on the City's
intent to dispose of the real property described
in the Fifth Amendment to Lease, to be held on
the 4th day of February 2019, at 6:00 o'clock
p.m. at the Historic Federal Building, Council
Chambers, 350 W. 6th Street, Dubuque, Iowa.
Passed, approved, and adopted this 22nd
day of January 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
32 Regular Session January 22, 2019 Book 149
2. Public Hearing for Fiscal Year 2020
Community Development Block Grant Annual
Action Plan: City Manager recommending that
the Fiscal Year 2020 Community Development
Block Grant Annual Action Plan be set for pub-
lic hearing on February 13, 2019. Upon motion
the documents were received and filed, and
Resolution No. 35-19 Setting a public hearing
on the Fiscal Year 2020 (Program year 2019)
Community Development Block Grant (CDBG)
Annual Action Plan budget was adopted set-
ting a public hearing for a meeting to com-
mence at 6:00 p.m. on February 13, 2019 in
the Historic Federal Building.
RESOLUTION NO. 35-19
SETTING A PUBLIC HEARING ON THE
FISCAL YEAR 2020 (PROGRAM YEAR
2019) COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) ANNUAL ACTION PLAN
BUDGET
Whereas, the City of Dubuque has pre-
pared a proposed Annual Action Plan for the
use of Community Development Block Grant
funds for inclusion in the City Budget; and
Whereas, the City desires to hold a public
hearing to receive comment on the proposed
Fiscal Year 2020 (Program Year 2019) Com-
munity Development Block Grant Annual Ac-
tion Plan addressing both housing and non -
housing needs in the community.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council will meet
in the Historic Federal Building, Council
Chambers, 2nd Floor, 350 West 6th Street,
Dubuque, Iowa at 6:00 p.m. on February 13,
2019 for the purpose of holding a public hear-
ing and taking action to include the Fiscal Year
2020 (Program Year 2019) Community Devel-
opment Block Grant Annual Action Plan in the
City Budget.
Section 2. That the City Clerk is hereby au-
thorized and directed to publish a notice of
such public hearing and the City Council’s
intent to review and take action on the Fiscal
Year 2020 (Program Year 2019) Community
Development Block Grant Annual Plan.
Passed, approved, and adopted this 22nd
day of January 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. 22nd Street/Kaufmann Avenue Storm
Sewer Improvements Project (White Street to
Kleine Street): City Manager recommending
initiation of the public bidding procedure for the
22nd Street/Kaufmann Avenue Storm Sewer
Improvements Project (White Street to Kleine
Street), adoption of resolutions preliminarily
approving the proposed plans, specifications,
form of contract, and estimated cost, and fur-
ther recommends that a public hearing be set
for February 18, 2019. Upon motion the docu-
ments were received and filed, and Resolution
No. 36-19 Preliminary approval of plans, speci-
fications, form of contract and estimated cost;
setting date of public hearing on plans, specifi-
cations, form of contract, and estimated cost;
and ordering the advertisement for bids was
adopted setting a public hearing for a meeting
to commence at 6:00 p.m. on February 18,
2019 in the Historic Federal Building.
RESOLUTION NO. 36-19
22ND STREET/KAUFMANN AVENUE STORM
SEWER IMPROVEMENTS PROJECT
(WHITE STREET TO KLEINE STREET)
PRELIMINARY APPROVAL OF PLANS,
SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST; SETTING DATE
OF PUBLIC HEARING ON PLANS, SPECI-
FICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST; AND ORDERING THE
ADVERTISEMENT FOR BIDS
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The proposed plans, specifications, form of
contract and estimated cost for the 22nd
Street/Kaufmann Avenue Storm Sewer Im-
provements Project (White Street to Kleine
Street) in the estimated amount of
$7,529,802.00 are hereby preliminarily ap-
proved and ordered filed in the office of the
City Clerk for public inspection.
A public hearing will be held on the 18th
day of February, 2019, at 6:00 p.m. in the His-
toric Federal Building Council Chambers (sec-
ond floor) 350 W. 6th Street, Dubuque, Iowa,
at which time interested persons may appear
and be heard for or against the proposed plans
and specifications, form of contract and esti-
mated cost of said Project, and the City Clerk
be and is hereby directed to cause the at-
tached notice of the time and place of such
hearing to be published in a newspaper having
general circulation in the City of Dubuque,
Iowa, which notice shall be published not less
than four days nor more than twenty days prior
to the date of such hearing. At the hearing, any
interested person may appear and file objec-
tions to the proposed plans, specifications,
form of contract, or estimated cost of the Pro-
ject.
22nd Street/Kaufmann Avenue Storm Sew-
er Improvements Project (White Street to
Kleine Street) is hereby ordered to be adver-
tised for bids for construction.
The amount of the security to accompany
each bid shall be in an amount which shall
conform to the provisions of the Notice to Bid-
ders hereby approved.
The City Clerk is hereby directed to adver-
tise for bids for the construction of the im-
33 Regular Session January 22, 2019 Book 149
provements herein provided, by publishing the
attached Notice to Bidders to be published in
the Master Builders of Iowa Plan Room, The
Construction Update Network and posted on
the City of Dubuque website at
www.cityofdubuque.org/bids and which notice
shall be published not less than thirteen but
not more than forty-five days before the date
for filing bids before 2:00 p.m. on the 22nd day
of February, 2019. Bids shall be opened and
read by the City Clerk at said time and will be
submitted to the City Council for final action at
6:00 p.m. on the 4th day of March 2019, in the
Historic Federal Building Council Chambers
(second floor), 350 West 6th Street, Dubuque,
Iowa.
Passed, approved, and adopted this 22nd
day of January 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
BOARDS/COMMISSIONS
Review of applications to the following
boards/commissions. Applicants were invited
to address the City Council regarding their
application for appointment.
1. Community Development Advisory
Commission: One, 3-Year term through Feb-
ruary 15, 2022 (Expiring terms of Boles and
Hinke): Applicants: Dean Boles, 1715 Gerald-
ine Dr.; Hinke, Michelle, 973 Patricia Ann Dr.
2. Investment Oversight Committee: One,
3-Year term through July 1, 2021 (Vacant term
of Ferraro). Applicant: Luke Schiltz, 2955 Van
Buren St. Mr. Schiltz spoke in support of his
appointment and provided a brief biography.
3. Mediacom Charitable Foundation: One,
1-Year term through December 31, 2019 (Ex-
pired term of Twining). Applicant: Constance
Twining, 1818 Avalon Rd.
4. Resilient Community Advisory Commis-
sion: Commission requesting Carrie Lohmann
be appointed to the vacant term of Drahozal
which has a cross-representation requirement
thus allowing her current At-Large term to be
filled. One, 3-Year term through August 30,
2019 (Vacant Cross representation term of
Drahozal)
Applicants: Carrie, Lohmann, 1879 Denver
Dr. (Currently on the Transit Advisory Board,
Qualifies for Cross Representation); One, 3-
Year term through July 1, 2019 (Vacant At-
Large term of Lohmann), One, 3-Year term
through July 1, 2021 (Vacant At-Large term of
Darr). Applicants: Jacob Kahlhaas, 1125 Rich-
ards Rd.; and Adam Hoffman, 1910 Marion St.
Mr. Hoffman spoke in support of his appoint-
ment and provided a brief biography.
PUBLIC HEARINGS
1. Approving a Development Agreement by
and among the City of Dubuque, Dupaco
Voices, LLC, and Dupaco Community Credit
Union to Redevelop Property at 1000 Jackson
Street: Proof of publication on notice of public
hearing to consider approval of a proposed
Development Agreement between and among
Dupaco Voices, LLC, Dupaco Community
Credit Union and the City of Dubuque provid-
ing for the issuance of Urban Renewal Tax
Increment Revenue Grant Obligations for de-
velopment of property at 1000 Jackson Street,
and the City Manager recommending approv-
al. Motion by Jones to receive and file the
documents and adopt Resolution No. 37-18
Approving a Development Agreement by and
among the City of Dubuque, Iowa, Dupaco
Voices, LLC, and Dupaco Community Credit
Union, including providing for the issuance of
Urban Renewal Tax Increment Revenue Obli-
gations, for the redevelopment of 1000 Jack-
son Street. Seconded by Resnick. Dupaco
President and CEO Joe Hearn, 3999 Pennsyl-
vania Avenue, spoke in support of the request,
described the project, thanked staff and rec-
ognized Dupaco’s volunteer Board Members
for their work on the project. Architect Jeff Mor-
ton, 206 Bluff Street, displayed several con-
ceptual illustration boards and described some
details of the project. Mr. Morton responded to
questions from the City Council regarding pos-
sible preservation of the existing mural and
internal artwork. Dubuque Main Street Presi-
dent/CEO Dan LoBianco, 1069 Main Street;
Ryan Peters of RDG, 900 Jackson Street;
Duane Haggerty, Heritage Works, 210 W. 1st
Street; City Transit Advisory Board Member
Robert Daughters; Fountain of Youth Director
Caprice Jones, 1497 Central Avenue; Four
Mounds Foundation Operations/Marketing
Manager Jill Courtney, 4900 Peru Road; and
Opening Doors Executive Director Carol
Gebhart, 2100 Asbury Road, all spoke in sup-
port of the recommendation.
City Council discussion included concerns
over parking impacts and what need there is
for Smart Meters, questions regarding office
vs. commercial space within the building, po-
tential for negative funding impact on the North
End Neighborhood development, positive ben-
efit to area not-for-profit agencies, shifts in
transportation needs and options alleviating
parking, and the trust in Dupaco as a commu-
nity partner. City Manager Van Milligen ad-
dressed the magnitude of Dupaco’s invest-
ment and questions and concerns regarding
the terms of the agreement and what city ac-
tions could be a violation of the agreement.
Greater Dubuque Development Corporation
President and CEO, Rick Dickinson addressed
the City Council about the benefits over time to
34 Regular Session January 22, 2019 Book 149
the North End Neighborhood and Central Ave-
nue Corridor resulting from the True North
Program. Motion carried 5-2 with Rios and
Shaw voting nay.
RESOLUTION NO. 37-19
APPROVING A DEVELOPMENT AGREE-
MENT BY AND AMONG THE CITY OF
DUBUQUE, IOWA, DUPACO VOICES, LLC,
AND DUPACO COMMUNITY CREDIT UN-
ION, INCLUDING PROVIDING FOR THE IS-
SUANCE OF URBAN RENEWAL TAX IN-
CREMENT REVENUE OBLIGATIONS, FOR
THE REDEVELOPMENT OF 1000 JACKSON
STREET
Whereas, the City Council, by Resolution
No. 16-19, dated January 7, 2019, declared its
intent to enter into a Development Agreement
with Dupaco Voices, LLC, and Dupaco Com-
munity Credit Union for the redevelopment of
1000 Jackson Street in the City of Dubuque,
Iowa (the Property), including providing for the
issuance of Urban Renewal Tax Increment
Revenue Obligations; and
Whereas, pursuant to published notice, a
public hearing was held on the proposed dis-
position on January 22, 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 Dupaco Voices, LLC, and Dupaco Commu-
nity Credit Union according to the terms and
conditions set out in the Development Agree-
ment is in the public interest of the City of
Dubuque.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Development Agree-
ment by and among the City of Dubuque,
Dupaco Voices, LLC, and Dupaco Community
Credit Union, a copy of which is attached here-
to, including the issuance of Urban Renewal
Tax Increment Revenue Obligations, is hereby
approved.
Section 2. That the Mayor is hereby au-
thorized and directed to execute the Develop-
ment Agreement on behalf of the City of
Dubuque and the City Clerk is authorized and
directed to attest to his signature.
Section 3. That the City Manager is author-
ized to take such actions as are necessary to
comply with the terms of the Development
Agreement as herein approved.
Passed, approved, and adopted this 22nd
day of January 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Request to Rezone 690 W. Locust
Street: Proof of publication on notice of public
hearing to consider a request from Kava Real
Estate, LLC to rezone property at 690 W. Lo-
cust St. from C-1 Neighborhood Commercial
District to C-3 General Commercial District,
and the Zoning Advisory Commission recom-
mending approval with the condition that a
bar/tavern be struck from the list of permitted
uses. Motion by Jones to receive and file the
documents and that the requirement that a
proposed ordinance be considered and voted
on for passage at two Council meetings prior
to the meeting at which it is to be passed be
suspended. Seconded by Resnick. Planning
Services Manager Laura Carstens provided a
staff report. Motion carried 7-0.
Motion by Jones for final consideration and
passage of Ordinance No. 7-19 Amending
Title 16 of the City of Dubuque Code of Ordi-
nances, Unified Development Code, by reclas-
sifying hereinafter described property located
at 690 W. Locust Street from C-1 Neighbor-
hood Commercial District to C-3 General
Commercial District with conditions, as estab-
lished in the attached Memorandum of Agree-
ment. Seconded by Resnick. Motion carried 7-
0.
OFFICIAL PUBLICATION
ORDINANCE NO. 7-19
AMENDING TITLE 16 OF THE CITY OF
DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY RECLAS-
SIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED AT 690 W. LOCUST
STREET FROM C-1 NEIGHBORHOOD
COMMERCIAL DISTRICT TO C-3 GENERAL
COMMERCIAL DISTRICT WITH CONDI-
TIONS, AS ESTABLISHED IN THE AT-
TACHED MEMORANDUM OF AGREEMENT
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 Devel-
opment Code, is hereby amended by reclassi-
fying the hereinafter described property from
C-1 Neighborhood Commercial District to C-3
General Commercial District with conditions, to
wit:
Lots 1-3, 1-2 and 1-1 of Connolly’s Subdi-
vision and Lot 1 of City Lot 711, and to the
centerline of the adjoining public right-of-
way, all in the city of Dubuque, Iowa.
Section 2. The foregoing amendment has
heretofore been reviewed by the Zoning Advi-
sory Commission of the City of Dubuque, Io-
wa.
Section 3. This ordinance shall take effect
immediately upon publication, as provided by
law.
35 Regular Session January 22, 2019 Book 149
Passed, approved, and adopted this 22nd
day of January 2019.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 25th day of January 2019.
/s/Kevin S. Firnstahl, City Clerk
3. Request to Amend Planned Unit Devel-
opment (PUD) for Warren Plaza: Proof of pub-
lication on notice of public hearing to consider
approval of a request from Josh Kuhn to
amend the Warren Plaza Planned Unit Devel-
opment (PUD) at 3500 Dodge Street to permit
3 freestanding directory signs, with the Zoning
Advisory Commission recommending approval
of two, 30-square-foot signs; and one, 65-
square-foot sign. Motion by Larson to receive
and file the documents and that the require-
ment 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 Del Toro.
Assistant Planner Wally Wernimont provided a
staff report and responded to questions from
the City Council regarding updating this area
to be consistent and current with other PUDs.
Motion carried 7-0.
Motion by Larson for final consideration
and passage of Ordinance No. 8-19 Amending
Title 16, the Unified Development Code of the
City of Dubuque Code of Ordinances by re-
scinding Ordinance 21-17 which provides
regulations for the Warren Place PUD Planned
Unit Development District with a Planned
Commercial Designation at 3500 Dodge Street
and now being amended to allow for the instal-
lation of three directional signs. Seconded by
Del Toro. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 8-19
AMENDING TITLE 16, THE UNIFIED DE-
VELOPMENT CODE OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY
RESCINDING ORDINANCE 21-17 WHICH
PROVIDES REGULATIONS FOR THE WAR-
REN PLACE PUD PLANNED UNIT DEVEL-
OPMENT DISTRICT WITH A PLANNED
COMMERCIAL DESIGNATION AT 3500
DODGE STREET AND NOW BEING
AMENDED TO ALLOW FOR THE INSTAL-
LATION OF THREE DIRECTIONAL SIGNS
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16, the Unified Devel-
opment Code of the City of Dubuque Code of
Ordinances is hereby amended by rescinding
Ordinance 21-17, which provides regulations
for the Planned Unit Development District with
a Planned Commercial District designation for
Warren Plaza, and being amended to allow for
the installation of three directional signs as
shown in Exhibit A as stated below, to wit:
Lot 2 of 2 of 1 and Lot 1 of 1 of 1 of 2 of
1 and Lot 2 of 1 of 1 of 2 of 1 and Lot 2
of 1 of 2 of 1 of Hawkeye Stock Farm,
Section 28, Township 89N, Range 2
East of the 5th Principal Meridian, in
the City of Dubuque, Iowa.
Section 2. Attached hereto and made a
part of this zoning reclassification approval is
the Conceptual Development Plan for Warren
Plaza Planned Unit Development. It is recog-
nized that minor shifts or modifications to the
general plan layout may be necessary and
compatible with the need to acquire workable
street patterns, grades, and usable building
sites. The general plan layout, including the
relationship of land uses to the general plan
framework and the development requirements
shall be used as the implementation guide.
A. Use Regulations The following regula-
tions shall apply to all uses made of land in the
above-described PC Planned Commercial
District:
1. The principal permitted uses shall be
limited to:
a. Local shopping center.
2. Accessory Uses: the following uses
are permitted s accessory uses as provid-
ed in Section 3-7 Accessory Uses of the
Unified Development Code.
a. Any use customarily incidental
and subordinate to the principal use it
serves.
b. Wind turbine (building-mounted)
3. Temporary Uses: The following uses
shall be permitted as temporary uses in the
PUD District in conformance with the pro-
visions of Section 3-19 Temporary uses of
the Unified Development Code:
a. Any use listed as a permitted use
within the district.
B. Lot and Bulk Regulation: Development
of the land in this particular PC Planned Com-
mercial District shall be regulated as follows.
1. All structures shall be a minimum of
20 feet from the front property lines adjoin-
ing Dodge Street and Wacker Drive.
2. No building or structure can exceed
30 feet in height on the site.
3. Adequate through space behind the
buildings be provide for fire vehicles.
C. Parking Requirements
1. The off-street parking requirements
for the principal permitted uses allowed in
the herein described PC Planned Com-
mercial District shall be a minimum of one
(1) space for each 200 square feet of gross
floor area accessible to the general public
as shown on the conceptual development
plan.
36 Regular Session January 22, 2019 Book 149
2. All vehicle-related features shall be
surfaced with standard or permeable as-
phalt, concrete, or pavers.
3. All parking and loading spaces shall
be delineated on the surfacing material by
painted strips or other permanent means.
4. The number, size, and design of
parking spaces and parking lots, including
bicycle parking and shared parking, shall
be governed by applicable provisions in
Section 13 Site Design Standards and 14
Parking of the City of Dubuque Unified De-
velopment Code.
5. The number, size, design and loca-
tion 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.
6. No on-street maneuvering of delivery
vehicles will be allowed on any street. Lots
shall provide all necessary maneuvering
space for delivery vehicles within the
boundaries of the lots.
D. Site Plan Provisions Site development
standards for this PC Planned Commercial
District shall be as follows:
1. Final site development plans shall be
submitted in accordance with Sections 12
and 13 of the Zoning Ordinance of the City
of Dubuque, Iowa and shall be reviewed
with due regard to the previous final devel-
opment plan dated May 25, 1979, stamped
July 5, 1979, which includes the site plan,
paving plan, utility plan, landscape plan, fi-
nal plat and reciprocal easement and
maintenance agreement.
2. Landscaping and screening require-
ments shall be regulated by the Landscape
Plan for Warren Plaza, approved by the
Planning and Zoning Commission on June
27, 1080.
3. All utility transmission lines, including
telephone and cable television, shall be in-
stalled underground.
E. Signs. Signs for this PC Planned Com-
mercial District shall be regulated by the Sec-
tion 15 Signs of the Unified Development Code
unless specifically addressed as follows:
1. Large tenants occupying over 7,000
square feet shall be permitted up to 550
square feet of wall-mounted signage. The
exact location of the allowable signage
shall vary with each large tenant.
2. Shop tenants occupying 7,000
square feet or less shall be permitted a
maximum wall-mounted sign area of two
feet high multiplied by 75 percent of the
lease hold width. In no event shall a shop
tenant be permitted a sign area in excess
of 100 square feet. The location of the
maximum sign area for shop tenants shall
be centered vertically and horizontally on
the wood fascia in front of the suite.
3. Maximum of one freestanding center
identification sign is allowed per premises
with a maximum height of 44 feet and sign
area of 660 square feet.
4. Maximum of one freestanding tenant
sign is allowed per premises with a maxi-
mum height of six-foot and sign area of 30
square feet.
5. Maximum of one freestanding direc-
tory sign of 65 square feet and no more
than 10 feet in height.
6. Maximum of two freestanding direc-
tory signs of 30 square feet in area and no
more 10 feet in height.
7. The location of all freestanding signs
is subject to review and approval by the
Engineering Department for compliance
with applicable intersection site visibility
standards.
8. No exposed raceway, crossovers,
conduits, conductors, transformers, etc.,
shall be permitted. All signs and their in-
stallation must comply with all local build-
ing and electrical codes. No more than two
rows are permitted for shop tenants.
9. Directional signs shall be permitted
according to the standard C-3 local zoning
regulations.
F. Site Lighting: New outdoor light fixtures
shall comply with Section 13-3.1 Site Design
Standards of the Unified Development Code.
G. Exterior Trash Collection Areas: Exterior
trash collection areas shall comply with Sec-
tion 13-4.9 Site Design Standards of the Uni-
fied Development Code.
H. Platting: Subdivision plats shall be sub-
mitted in accordance with Section 11 Land
Subdivision of the Unified Development Code.
I. Storm Water Conveyance: The develop-
er shall be responsible for providing surface or
subsurface conveyance(s) of storm water from
the lot to existing storm sewers or to flow line
of open drainage ways outside the lot in a
means that is satisfactory to the City Engineer.
Other applicable regulations enforced by the
City Engineer relative to storm water man-
agement and drainage shall apply to proper-
ties in the PUD District.
J. Noises: Noises generated within the
PUD District shall be regulated by Chapter 33,
Article IV, Noises, of the City of Dubuque Code
of Ordinances.
K. Other Codes and Regulations: These
regulations do not relieve an owner, developer,
or tenant from other applicable city, county,
state or federal codes, regulations, laws and
other controls relative to the planning, con-
struction, operation and management of prop-
erty in the PUD District.
L. Transfer of Ownership: Transfer of own-
ership or lease of property in the Warren Plaza
District PUD shall include in the transfer or
lease agreement a provision that the purchas-
37 Regular Session January 22, 2019 Book 149
er or lessee acknowledges awareness of the
conditions authorizing the establishment of the
District PUD.
Section 3. The foregoing amendment has
heretofore been reviewed by the Zoning Advi-
sory Commission of the City of Dubuque, Io-
wa.
Section 4. The foregoing amendment shall
take effect upon publication, as provided by
law.
Passed, approved and adopted this 22nd
day of January 2019.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 25th day of January 2019.
/s/Kevin S. Firnstahl, City Clerk
PUBLIC INPUT
Jerry Maro, 10366 Timothy St., Asbury,
address the Source of Income Report and
proposed ordinance upcoming on the Action
Agenda. Mr. Maro was glad that the report had
no discussion of the percentage of landlords
participating in the Housing Choice Voucher
Program believing that the calculations were
inaccurate. He took exception to the issue of
limited advertising of units and describe the
accessibility to rental information as well as the
changes being made with the Landlords’ As-
sociation. He concluded by stating that on be-
half of the Association, he objected to any
measure that would force landlords to take
housing choice vouchers.
Lynn Sutton, 859 Air Hill, relayed a per-
sonal experience with helping a resident find
housing and the issues they encountered. She
added that while she is against any program
mandates, residents cannot be denied hous-
ing.
Jessica Perry, 1560 Iowa Street., stated
she felt it is difficult to find housing accepting
vouchers, that some landlords can be deroga-
tory toward perspective renters and that there
is a limited window for finding an apartment
that accepts vouchers before it goes off the
market.
Derek Clark, 1086 Wood Street, Dubuque
Renters’ Union, referenced the criminal back-
ground check detail as being vague, and be-
lieved the treatment of tenants using vouchers
and the quality of their housing should be
known.
Kaylee Kerper, 1560 Iowa Street., Dubu-
que Renters’ Union, thanked the Coun-
cil/Manager for submitting the letter to area
Legislators and added that the request for data
collection in the recommendation is not asking
much.
ACTION ITEMS
1. Code of Ordinances Amendment Title
16 - Zoning Advisory Commission Voting
Quorum (Final Reading): Zoning Advisory
Commission recommending approval of
amending ordinance the Unified Development
Code (Zoning Ordinance) sections 16-9-1
(J)(5), 16-9-5-2(B), 16-9-6-2(B), and 16-9-6-3
to modify voting requirements for the Zoning
Advisory Commission. Motion by Jones for
final consideration and passage of Ordinance
No. 2-19 Amending Title 16 Unified Develop-
ment Code of The City Code of Ordinances, by
Amending Section 16-9-1(J)(5), Section 16-9-
5-2(B), Section 16-9-6-2(B) And Section 16-9-
6-3 to Remove the Requirement for a Mini-
mum of Four Affirmative Votes by the Zoning
Advisory Commission for a Recommendation
of Approval for Rezonings and Text Amend-
ments. Seconded by Resnick. Council Mem-
bers Del Toro and Rios reiterated their opposi-
tion to the amendment believing that the cur-
rent process doesn’t present enough of a bar-
rier to warrant the amendment. Motion carried
4-3 with Del Toro, Rios and Shaw voting nay.
OFFICIAL PUBLICATION
ORDINANCE NO. 2-19
AMENDING TITLE 16 UNIFIED DEVELOP-
MENT CODE OF THE CITY CODE OF OR-
DINANCES, BY AMENDING SECTION 16-9-
1(J)(5), SECTION 16-9-5-2(B), SECTION 16-
9-6-2(B) AND SECTION 16-9-6-3 TO RE-
MOVE THE REQUIREMENT FOR A MINI-
MUM OF FOUR AFFIRMATIVE VOTES BY
THE ZONING ADVISORY COMMISSION
FOR A RECOMMENDATION OF APPROVAL
FOR REZONINGS AND TEXT AMEND-
MENTS
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Ordinance Title 16 Unified
Development Code, is hereby amended in
Section 16-9-1 (J)(5), Section 16-9-5-2(B),
Section 16-9-6-2(B) and Section 16-9-6-3 as
follows:
Section 16-9-1 (J) Meetings:
(5) Quorum: Four (4) commission-
ers constitute a quorum for the transac-
tion of business. The affirmative vote of
a majority of the commissioners pre-
sent and voting is necessary for the
adoption of any motion or resolution.
Section 16-9-5-2 Zoning Advisory Com-
mission Action:
(B) The recommendation of the
Commission shall forthwith be transmit-
ted to the council for its action.
Section 16-9-5-2 Application Requirements
Any person may propose amend-
ments to the provisions of this title by
38 Regular Session January 22, 2019 Book 149
delivering a copy of the proposed
amendment to the planning services
department. The applicant may submit
a written request to withdraw the text
amendment application at any time pri-
or to final action by the city council.
Section 16-9-6-3 Zoning Advisory Com-
mission Action:
A. The zoning advisory commission
shall consider a text amendment re-
quest at a public hearing. Following the
public hearing, the zoning advisory
commission shall act to recommend
approval or denial of the request, or ta-
ble the request.
B. The commission's recommenda-
tions shall be forthwith transmitted to
the council for its action.
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 22nd
day of January 2019.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 25th day of January 2019.
/s/Kevin S. Firnstahl, City Clerk
2. Source of Income Annual Report, Rec-
ommendations and Proposed Code of Ordi-
nances Amendment - Title 14 Housing Choice
Voucher Program: City Manager transmitting
the 2018 Source of Income Annual Report and
recommending that the City Council approval
of an ordinance requiring property owners or
managers to report which rental units accept
Housing Choice Vouchers during the annual
rental license process, generates a list of par-
ticipating landlords, and collects data that will
allow for further analysis of the housing needs
in the City of Dubuque. 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
Resnick. City Manager Van Milligen, City At-
torney Brumwell and Housing and Community
Development Director Alexis Steger respond-
ed to questions from the City Council regard-
ing the impact on the 2020 licensing cycle,
central data collection software and measuring
matrix, HUD vs. City requirements, and land-
lord training on applicant screenings. Motion
carried 7-0.
Motion by Larson for final consideration
and passage of Ordinance No. 9-19 Amending
City of Dubuque Code of Ordinances Title 14
Building and Development, Chapter 1 Building
Codes, Article J Property Maintenance Code,
Section 14-1J-3 Rental Licenses. Seconded by
Resnick. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 9-19
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 14 BUILDING AND
DEVELOPMENT, CHAPTER 1 BUILDING
CODES, ARTICLE J PROPERTY MAINTE-
NANCE CODE, SECTION 14-1J-3 RENTAL
LICENSES
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 14-1J-3 of the City of
Dubuque Code of Ordinances is amended to
read as follows:
14-1J-3: RENTAL LICENSES:
. . . .
B. Application Requirements: Completion
of a rental license application must be made
by the property owner, manager, or licensed
real estate professional and must include, but
not be limited to, the following information:
1. Address of the rental unit(s), including
correct unit identifications.
2. Number and type of rental units in the
structure.
3. Number of units, in the structure, for
which Housing Choice Vouchers are ac-
cepted.
4. Owner's name and contact information,
including:
a. Mailing address.
b. Telephone number during normal
business hours.
c. Telephone number in the event of an
emergency.
d. E-mail address, if available.
5. If the property owner has retained a
property manager the property owner must
provide the following information:
a. Property manager's name.
b. Property manager's mailing address.
c. Property manager's telephone num-
ber during normal business hours.
d. Property manager's telephone num-
ber in the event of an emergency.
e. Property manager's e-mail address,
if applicable.
f. A statement that the property man-
ager or real estate professional has the
same authority and responsibility as the
property owner for maintaining the
rental unit(s).
6. The property owner, manager, or li-
censed real estate professional must des-
ignate a responsible agent to represent the
property owner, manager, or licensed real
estate professional whenever the property
owner, manager, or licensed real estate
39 Regular Session January 22, 2019 Book 149
professional is not available for mainte-
nance of the dwelling for which a license is
sought. The agent must have the same au-
thority and responsibility as the property
owner for maintaining the rental unit(s).
. . . .
I. Conditions of Rental Licenses: The City
Manager is hereby authorized to issue and
renew a rental license in the name of the ap-
plicant property owner, manager, or licensed
real estate professional, provided the following
criteria are met:
1. Property Maintenance Code Warranty:
The rental unit is warranted by the property
owner, manager, or licensed real estate
professional to substantially comply with
the Property Maintenance Code.
2. Fees: All fees required pursuant to the
issuance of a rental license are paid in full
to the City.
3. Successful Rental Property Manage-
ment Class:
a. The property owner or manager has
completed the Successful Rental Prop-
erty Management Class (the program)
or a program of continuing education
approved by the City Manager.
b. Until such time as the property own-
er or manager has completed the pro-
gram or an equivalent program of con-
tinuing education approved by the City
Manager, only a temporary rental li-
cense may be issued.
c. A property owner or manager who
has completed the program since 2000,
according to the City's records, or who
can provide other proof of completion,
will be exempted from this requirement.
d. Licensed real estate professionals
are exempted from the program at-
tendance requirement.
e. The City Manager may waive the
program requirement upon the submis-
sion of a written request by a property
owner, manager, or licensed real estate
professional and after finding that:
(1) The property is properly li-
censed by the City of Dubuque;
(2) The property has no history of
priority category designation or any
founded Code violations within the
previous twelve (12) months; and
(3) A waiver will not provide the
property owner with an unfair ad-
vantage in a competitive real estate
market.
4. Criminal Background Checks:
a. The property owner, manager, or li-
censed real estate professional agrees
to conduct criminal background checks
for all prospective tenants whose ten-
ancy commences on or after July 1,
2011. A background check may be per-
formed using the City's free back-
ground check service or by another
background check service approved by
the City Manager. The background
checks must be completed before the
prospective tenant's tenancy begins.
b. The City Manager may waive the
criminal background check requirement
upon the submission of a written re-
quest by a property owner, manager, or
licensed real estate professional and
after a finding that:
(1) The property is properly li-
censed by the City of Dubuque;
(2) The property has no history of
priority category designation or any
founded Code violations within the
previous twelve (12) months; and
(3) A waiver will not create a danger
to nearby residents.
5. Rental Property Inspections:
a. The property owner, manager, or li-
censed real estate professional shall
make a rental property available for in-
spection by the City of Dubuque and
shall comply with the Iowa Code re-
quirements for tenant notification.
b. The City Manager shall develop a
written Rental Housing Tiered Inspec-
tion Program which shall govern the
cycle, frequency, recordkeeping, and
conditions of rental inspections.
6. Housing Choice Voucher Information:
the property owner, manager, or licensed
real estate professional must provide in-
formation at the annual renewal of the
rental license for each structure, on the
number of units, by structure, owned or
managed by the property owner, manager,
or licensed real estate professional which
accept Housing Choice Vouchers.
. . . .
Section 2. This ordinance shall take effect
upon publication.
Passed, approved, and adopted this 22nd
day of January 2019.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 25th day of January 2019.
/s/Kevin S. Firnstahl, City Clerk
3. Childcare Pilot Project Funding: City
Manager recommending approval to provide
the initial funding for the Childcare Pilot Project
that provides free childcare to Opportunity
Dubuque students and graduates. Motion by
Jones to receive and file the documents and
adopt Resolution No. 38-19 Approving funding
for the Opportunity Dubuque Childcare Pilot
Program. Seconded by Resnick. Responding
to questions the from the City Council, Greater
Dubuque Development Corporation Presi-
40 Regular Session January 22, 2019 Book 149
dent/CEO Rick Dickinson provided some
background and details about the program in
terms of committee discussions, receiving
support and measuring needs from local busi-
ness CEO’s and human resources personnel,
concerns with and regulation of pop-up child-
care centers, current and future providers.
Council Member Rios stated that he would
be abstaining from the vote for a conflict of
interest as he owns a childcare business but
wanted to address the Council as a citizen and
business owner. Then, speaking from the dais,
Mr. Rios believed that the pilot program has
promise, but expressed his concerns about the
childcare pop-up centers possibly skirting
regulation regarding serving of meals. re-
strooms ratios and affecting the equitable
treatment of all childcare businesses. Mr. Rios
feels that there is already quality, affordable
childcare available in town and suggested that
downtown businesses be approach regarding
a second-shift childcare option. Motion carried
6-0 with Rios abstaining.
RESOLUTION NO. 38-19
APPROVING FUNDING FOR THE OPPOR-
TUNITY DUBUQUE CHILDCARE PILOT
PROGRAM
Whereas, several local partners including
the Greater Dubuque Development Corpora-
tion (the Partners) have identified the need to
address childcare issues in Dubuque; and
Whereas, childcare is a key economic de-
velopment issue; and
Whereas, the Greater Dubuque Develop-
ment Corporation has developed a proposed
pilot program (the Program) intended for use
by Opportunity Dubuque students and gradu-
ates; and
Whereas, the Greater Dubuque Develop-
ment Corporation has identified the need for
funding, as described in the attached Program
summary; and
Whereas, the Greater Dubuque Develop-
ment Corporation has requested the City of
Dubuque to commit $80,000 to the Program;
and
Whereas, the City Council of the City of
Dubuque believes this contribution is in the
best interest of the residents of Dubuque.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the City Council of the City of Dubu-
que approves a $80,000 contribution to the
Opportunity Dubuque Childcare Pilot Program.
Passed, approved, and adopted this 22nd
day of January 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
4. Letter to Federal Legislators-Partial
Federal Shutdown effect on Housing Choice
Vouchers and Additional Information on What
the Government shutdown means for Dubu-
que: City Manager providing a letter to Federal
Legislators regarding the partial Federal shut-
down effect on Housing Choice Vouchers and
additional information on what the Government
shutdown means for Dubuque. Motion by
Jones to receive and file. Seconded by Res-
nick. Motion carried 7-0.
5. Recommendations to Improve the Cus-
tomer Experience Based Upon the Smart Me-
ter Pilot: City Manager recommending that the
City move forward with creating a comprehen-
sive plan for the implementation of a Smart
Parking Services Platform. Motion by Jones to
receive and file the documents and approve
the recommendation. Seconded by Resnick.
Council Member Shaw spoke in opposition to
the pilot recommending that the capital and
maintenance investment be retained and that
the use of parking meters be abandoned. Buol,
Resnick and Jones spoke to the benefits of the
pilot citing the automation as convenient and
that the parking data collection would be valu-
able. Motion carried 6-1 with Shaw voting nay.
6. SW Arterial Construction Update Video:
Cable TV Division will show a video of the re-
cent progress of the Southwest Arterial Pro-
ject. Motion by Resnick to receive and file the
information. Seconded by Larson. Motion car-
ried 7-0.
COUNCIL MEMBER REPORTS
Council Member Del Toro thanked the citi-
zens who attended the meeting despite the
inclement weather. Out of concern for the
safety of staff and citizens, Mr. Del Toro sug-
gested that the City Council consider develop-
ing a policy for delaying, postponing or cancel-
ing City Council meetings in the event of in-
clement weather.
There being no further business, upon mo-
tion the City Council adjourned at 9:35 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
41 Special Session January 28, 2019 Book 149
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special
session at 6:00 p.m. on January 28, 2019, in
the Historic Federal Building, 350 W. 6th
Street.
Present: Mayor Buol; Council Members Del
Toro, Jones, Larson, Resnick; City Manager
Van Milligen, City Attorney Brumwell
Absent: Council Members Rios and Shaw.
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
the Inclusive Dubuque Quarterly Report.
WORK SESSION
Inclusive Dubuque Quarterly Report
Paul Duster, Director of Community Initia-
tives for the Community Foundation of Great
Dubuque (CFGD), opened the work session
and introduced presenters Collins Eboh, Equi-
ty Coordinator for the CFGD; Mary Duster and
Celena Vesely of Mercy Hospital; Kelly Larson,
City of Dubuque Human Rights Director; and
Mary Rose Corrigan City of Dubuque Health
Services Manager. Mr. Duster noted that the
Travel Dubuque staff was unexpectedly una-
vailable and would present their information to
Council at a future time. Topics included:
• CFGD focus areas: Academic Achieve-
ment, Equity and Inclusion, Economic
Opportunity
• Barriers to Success: Poverty, Race &
Equity:
o Resources - Project HOPE, Inclusive
Dubuque
• Introduction and description of duties of
the Equity Coordinator:
o Business Leader Equity Cohort, net-
work partners and advisors
• Network Partners at Work:
o Mercy Medical Center: Diversity, In-
clusion and Equity Council Highlights,
RACE Forward Training;
o Travel Dubuque (postponed): Vision
for Inclusion, Enhance Traveler &
Community Experience;
o Behavior (individual), Programs or
Practices (institutional), Outcomes
(structural);
o Equity and the Social Determinants of
Health: indicators measured, health
risk index (map), water & moisture is-
sues (map), Healthy Homes & Lead-
Safe Home projects, Pacific Islander
Health Project.
There being no further business, upon mo-
tion the City Council adjourned at 6:34 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
42 Special and Regular Sessions February 4, 2019 Book 149
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special
session at 5:30 p.m. on February 4, 2019 in
the Historic Federal Building, 350 W. 6th
Street.
Present: Mayor Buol; Council Members Del
Toro (joined at 5:45 p.m.), Jones, Larson,
Resnick, Shaw; City Manager Van Milligen,
City Attorney Brumwell
Absent: Council Member Rios.
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
the Travel Dubuque Quarterly Report.
WORK SESSION
Travel Dubuque Quarterly Report
Travel Dubuque President/CEO Keith Ra-
he introduced the work session with a descrip-
tion of the new branding graphics and the
Agency’s mission statement. Topics included:
• List of staff members and job ti-
tles/assignments;
• List of Board Members;
• List of Advisory Committee Members;
• Snapshot of total growth figures and
visitor heat map for 2017 and 2018;
• Travel-related expenditures;
• Hotel/Motel Tax records and occu-
pancy 2017-2018;
• Leisure travelers report;
• Sales efforts;
• Sports and events;
• Guest Services;
• Vision for inclusion;
• Mark-your-calendar upcoming event
dates;
• Fiscal Year 2020 Budget: income and
areas of expense for 2018, FY2019
and proposed FY2020.
There being no further business, upon mo-
tion the City Council adjourned at 5:58 p.m.
/s/Kevin S. Firnstahl, City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular
session at 6:00 p.m. on February 4, 2019 in
the Historic Federal Building, 350 W. 6th
Street.
Present: Mayor Buol; Council Members Del
Toro, Jones, Larson, Resnick, Shaw; City
Manager Van Milligen, City Attorney Brumwell
Absent: Council Member Rios.
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
PROCLAMATION(S)
1. Dubuque Eagles Aerie & Auxiliary Month
Proclamation (February 2019) was accepted
by Michael Duehr of the Fraternal Order of
Eagles, 1175 Century Drive.
CONSENT ITEMS
Motion by Resnick to receive and file the
documents, adopt the resolutions, and dispose
of as indicated. Seconded by Jones. Motion
carried 6-0.
1. Minutes and Reports Submitted: City
Council Proceedings of 1/22, 1/28; Library
Board of Trustees of 12/20/18; Park and Rec-
reation Commission of 1/8; Proof of Publica-
tion for City Council Proceedings of 1/7; Proof
of Publication for List of Claims and Summary
of Revenues for Month Ending 12/31/18. Upon
motion the documents were received and filed.
2. Disposition of Claims: City Attorney ad-
vising that the following claims have been re-
ferred to Public Entity Risk Services of Iowa,
the agent for the Iowa Communities Assurance
Pool: Paula Beecher for vehicle damage, Rob-
ert Decker for vehicle damage, Eagle Window
& Door, Inc. for property damage, Patricia and
Lyle Galliart for property damage, John Kirk for
vehicle damage, Kelly Keenan O'Rourke for
vehicle damage. Upon motion the documents
were received, filed, and concurred.
3. Notice of Claims and Suits: Paula Bee-
cher for vehicle damage, Robert Decker for
vehicle damage, Eagle Window & Door, Inc.
43 Regular Session February 4, 2019 Book 149
for property damage, Patricia and Lyle Galliart
for property damage, John Kirk for vehicle
damage, Kelly Keenan O'Rourke for vehicle
damage. Upon motion the documents were
received, filed, and referred to the City Attor-
ney.
4. Approval of City Expenditures: City
Manager recommending Council approval for
payment of City expenditures. Upon motion
the documents were received and filed, and
Resolution No. 39-19 Authorizing the Finance
Director-City Treasurer to make certain pay-
ments of bills that must be paid and approved
for payment in accordance with City proce-
dures was adopted.
RESOLUTION NO. 39-19
AUTHORIZING THE FINANCE DIRECTOR-
CITY TREASURER TO MAKE CERTAIN
PAYMENTS OF BILLS THAT MUST BE PAID
AND APPROVED FOR PAYMENT IN AC-
CORDANCE 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 req-
uisitioned for a lawful municipal purpose; and
Whereas, the Finance Director-City Treas-
urer 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 pay-
ment 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 requested
by designated requisitioning authorities in ac-
cordance with approved budget appropria-
tions.
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 February 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. 2019-20 AmeriCorps Partners in Learn-
ing Campaign for Grade Level Reading Grant
Application Submission Approval: City Manag-
er recommending approval of the 2019-20
AmeriCorps Partners in Learning Campaign
for Grade-Level Reading Grant application to
the Iowa Commission on Volunteer Services.
Upon motion the documents were received,
filed and approved.
6. Greenhouse Gas Inventory Memoran-
dum of Understanding: City Manager recom-
mending approval of a Memorandum of Un-
derstanding with the University of Northern
Iowa’s Center for Energy and Environmental
Education to conduct an update to the com-
munity-wide greenhouse gas inventory. Upon
motion the documents were received, filed and
approved.
7. South Fork of the Catfish Creek Sanitary
Interceptor Sewer Stream Bank Emergency
Repair Project: City Manager recommending
approval of a resolution authorizing emergency
stream bank repairs to a segment of the South
Fork of the Catfish Creek, which is in proximity
to the existing South Fork of the Catfish Creek
sanitary interceptor sewer. Upon motion the
documents were received and filed, and Reso-
lution No. 40-19 Authorizing emergency re-
pairs to segment of stream bank along the
South Fork of the Catfish Creek to protect and
prevent impacts to the nearby sanitary inter-
ceptor sewer was adopted.
RESOLUTION NO. 40-19
AUTHORIZING EMERGENCY REPAIRS TO
SEGMENT OF STREAM BANK ALONG THE
SOUTH FORK OF THE CATFISH CREEK TO
PROTECT AND PREVENT IMPACTS TO
THE NEARBY SANITARY INTERCEPTOR
SEWER
Whereas, emergency repairs are required
to repair and stabilize a segment of the stream
bank along the South Fork of the Catfish
Creek to prevent impacts to the sanitary inter-
ceptor sewer; and
Whereas, Iowa Code § 384.103 provides
that when emergency repair of a public im-
provement is necessary and the delay of ad-
vertising and a public letting might cause seri-
ous loss or injury to the city, the governing
body shall, by resolution, make a finding of the
necessity to institute emergency proceedings
and shall procure a certificate from a compe-
tent registered professional engineer or archi-
44 Regular Session February 4, 2019 Book 149
tect, certifying that emergency repairs are
necessary, and that in that event the governing
body may contract for emergency repairs with-
out holding a public hearing and advertising for
bids; and
Whereas, the City Engineer has certified
that an emergency repair declaration is both
appropriate and necessary to complete stream
bank repairs and stabilization to protect the
existing South Fork of the Catfish Creek sani-
tary interceptor sewer; and
Whereas, the City Council finds that the
erosion and stream embankment loss has
progressed and is now close in proximity to the
existing South Fork of the Catfish Creek sani-
tary interceptor sewer, and constitutes an
emergency and that an emergency repair is in
the best interest of public welfare and safety
and the delay of advertising and a public let-
ting might cause serious loss or injury to the
City.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council finds that it is
necessary to institute emergency proceedings
to repair and stabilize a segment of the stream
bank along the South Fork of the Catfish
Creek to prevent impacts to the sanitary inter-
ceptor sewer.
Section 2. The City Manager is hereby au-
thorized to proceed with instituting such emer-
gency repairs as provided by law.
Passed, adopted and approved this 4th day
of February 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
8. SW Arterial - US20 Interchange Paving
Preconstruction Funding Agreement: City
Manager recommending approval for the
Mayor to execute a Preconstruction Funding
Agreement with the Iowa Department of
Transportation for the Southwest Arterial-US20
Interchange Paving Project. Upon motion the
documents were received and filed, and Reso-
lution No. 41-19 Approving the Preconstruction
Funding Agreement (Agreement No. 2019-4-
068) between the City of Dubuque and Iowa
Department of Transportation for the South-
west Arterial- US20 Interchange Paving Pro-
ject was adopted.
RESOLUTION NO. 41-19
APPROVING THE PRECONSTRUCTION
FUNDING AGREEMENT (AGREEMENT NO.
2019-4-068) BETWEEN THE CITY OF
DUBUQUE AND IOWA DEPARTMENT OF
TRANSPORTATION FOR THE SOUTHWEST
ARTERIAL- US20 INTERCHANGE PAVING
PROJECT.
Whereas, the Iowa Department of Trans-
portation (Iowa DOT) is the lead agency for the
development and construction of the South-
west Arterial - US Highway 20 Interchange
Paving project; and
Whereas, part of the Southwest Arterial-
US20 Interchange Paving project will include
paving the Seippel Road connection, the inter-
section to the new Landfill Frontage Road, and
the new access frontage road to Stone Valley
Drive; and
Whereas, once completed, Seippel Road,
the Landfill Access Frontage Road, and the
frontage connector road to Stone Valley Drive
will fall under the jurisdiction of the City as a
local public street; and
Whereas, in accordance with the provi-
sions of Iowa Administrative Code, and per the
terms and conditions of the Preconstruction
Funding Agreement, the City is responsible for
the costs associated with the construction of
City owned public utilities; and
Whereas, part of the Southwest Arterial-
US20 Interchange Paving will include the con-
struction of new storm sewer, and once com-
pleted, the storm sewer drainage system will
fall under the jurisdiction of the City as a local
public utility; and
Whereas, the projected City funded cost
share for the storm sewer drainage system
construction is estimated in the amount of
$294,234.50; and
Whereas, the storm sewer construction will
be completed by the Iowa DOT as part of the -
US Highway 20 Interchange paving project
and the City shall reimburse the State for said
incurred costs; and
Whereas, by signing the Preconstruction
Funding Agreement (Agreement No. 2019-4-
006), the City is committing to funding the
City’s cost share portion and to allocating the
funding recommended as part of the FY20
adopted budget.
NOW, THEREFORE, IT IS AGREED BY
AND BETWEEN THE PARTIES AS FOL-
LOWS:
Section 1. That said Preconstruction Fund-
ing Agreement (Agreement No. 2019-4-006)
between the City of Dubuque and the Iowa
Department of Transportation is hereby ap-
proved.
Section 2. That the Mayor is hereby au-
thorized and directed to execute the Precon-
struction Funding Agreement (Agreement No.
2019-4-068) for the new Landfill Access Front-
age Road to be constructed by the Iowa DOT
as part of the US20 / Swiss Valley Interchange
Southwest Arterial - US Highway 20 Inter-
change Paving Project.
Passed, approved and adopted this 4th day
of February 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
45 Regular Session February 4, 2019 Book 149
9. Urban Deer Management Program-
Chronic Wasting Disease: City Manager rec-
ommending approval of the January 23, 2019
letter sent to the Iowa Natural Resources
Commission in support extending the Urban
Deer Management Zone to allow hunters to
harvest additional deer for Chronic Wasting
Disease testing. Upon motion the documents
were received, filed and approved.
10. Delinquent Weed Cutting, Garbage and
Junk Collection Accounts (Health Services):
City Manager recommending approval of the
levy of special assessments for
Weed/Junk/Garbage Enforcement Programs
with the Health Services Department for prop-
erties enforced on from June 4, 2018 to De-
cember 16, 2018. Upon motion the documents
were received and filed, and Resolution No.
42-19 Adopting the Schedule of Assessments
for 2018 and directing the City Clerk to certify
the Schedule of Assessments to the County
Treasurer and to publish notice thereof was
adopted.
RESOLUTION NO. 42-19
ADOPTING THE SCHEDULE OF ASSESS-
MENTS FOR 2018 AND DIRECTING THE
CITY CLERK TO CERTIFY THE SCHEDULE
OF ASSESSMENTS TO THE COUNTY
TREASURER AND TO PUBLISH NOTICE
THEREOF
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOW A:
That after full consideration of the Sched-
ule of Assessments attached hereto for
weed/grass cutting and junk/garbage removal
tax assessments which Schedule of Assess-
ments was filed in the office of the City Clerk
on the 31st day of January 2019 the said
Schedule of Assessments be and the same is
hereby approved and adopted.
That there be and is hereby assessed and
levied as a lien upon the real property, the
respective sums indicated.
That the City Clerk be and is hereby di-
rected to certify said schedule to the County
Treasurer of Dubuque County, Iowa, and to
publish notice of said certification once each
week for two consecutive weeks in the manner
provided in Iowa Code §362.3, the first publi-
cation of which shall be not more than fifteen
days from the date of filing of the final sched-
ule. On or before the date of the second publi-
cation of the notice, the City Clerk shall also
mail a copy of said notice to property owners
whose property is subject to assessment, as
provided and directed in Iowa Code § 384.60.
The assessments may be paid in full or in
part without interest at the Utility Billing Office,
City Hall, 50 W. 13th Street, Dubuque, Iowa, at
any time within 30 days after the date of the
first publication of the notice of the filing of the
Schedule of Assessments with the County
Treasurer. After 30 days, unpaid assessments
are payable at the County Treasurer’s Office,
Dubuque County Courthouse, 720 Central
Avenue, Dubuque, Iowa, and charges shall be
collected in the same manner as general
property taxes against the respective parcels
of the property set opposite the name of the
property owner.
Passed, approved, and adopted this 4th
day of February 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
SCHEDULE OF ASSESSMENTS FOR
WEED/JUNK/GARBAGE ENFORCEMENT
PROGRAMS
Dated February 8, 2019 - Enforced from June
4, 2018 - December 16, 2018
Property Address; Owner; Parcel #; Legal De-
scription; Date Cut/Cleaned up by Contractor;
Expense; Administrative Fee
875 High Bluff; James L & Linda Sarazin,
75 High Bluff St., Dubuque, IA 52001;
1013437022; Lot 42 Dreibelis Add; 6/12/2018;
105.00; 25.00
2319 Washington St; Gina M Ungs, 2319
Washington St., Dubuque, IA 52001;
1013459022; N 33'-S 48'-Lot 74 L H Langwor-
thys Add; 6/12/2018; 70.00; 25.00
1528 Southern Ave; Nacole L Meyermiller,
1528 Southern Ave Dubuque, IA 52003;
1501201015; Lot 2-2-2-1 Diebold Place;
06/29/2018; 60.00; 25.00
696 University Ave; Darriel Hoskins 696
University Ave Dubuque, IA 52001;
1025129043; W 18' Lot 9 & E 29' 1 of 9 Kellys
Sub; 06/29/18; 80.00; 25.00
290 Bryant St; Robert John Gneiser, 290
Bryant St., Dubuque, IA 52003; 1025361010;
LOT 4 Sub 145 & 146 Union Add; 7/10/18;
75.00; 0.00
2100 Kaufmann Ave; Timothy & Kimberly
Wittstock, 2100 Kaufmann Ave., Dubuque, IA
52001; 1023103003; Lot 1-1-2 of Mineral Lot
270; 7/10/18; 70.00; 25.00
S Main St; Crescent Realty Corp., 7750
Dunleith Dr., East Dubuque, IL 61025;
1130353001; BAL N 1/2 BLK 24 Dub Harbor
Co Add & S 1/2 Vacated Camp Street;
7/12/18; 180.00; 25.00
2820 Pennsylvania Ave; David C Christ,
2820 Pennsylvania Ave., Dubuque, IA 52001;
1027203023; E 70' Lot 410, W 40' Lot 410, N
1/2 Lot 409 Lenox Add; 7/16/18; 105.00; 25.00
2532 Windsor Ave; Seth D Lange, 2532
Windsor Ave., Dubuque, IA 52001;
1013410003; Lot 3-3 Giegers Sub; 7/16/18;
30.00; 25.00
2985 Oak Crest Dr.; Patricia A Kohler,
2985 Oak Crest Dr., Dubuque, IA 52001;
46 Regular Session February 4, 2019 Book 149
1014251006; Lot 2-1 BLK 13 & Lot 1-2-1 BLK
15 Green Acres Sub; 7/18/18; 70.00; 25.00
710 Merz St; Kevin & Roberta Harp, 710
Merz St., Dubuque, IA 52001; 1013454030;
Lot 1-6-5 Staffords Add; 7/27/2018; 105.00;
25.00
2645 University Ave; Samantha Jo Oyen,
2645 University Ave., Dubuque, IA 52001;
1027279017; Lot 10 Lenox Add; 7/30/18;
70.00; 25.00
696 University Ave; Darriel Hoskins 696
University Ave Dubuque, IA 52001;
1025129043; W 18' Lot 9, & E 29'1 of Lot 9
Kelly's Sub; 7/25/2018; 140.00; 25.00
1289 W 5th St; Rebecca McCue, 1289 W
5th St., Dubuque, IA 52001; 1026236008; Lot
2-A-11 & Lot 2-B-12 both S.M. Langs Add;
7/25/2018; 105.00; 25.00
2240 Hoyt St; Timothy E Schulte 2240
Hoyt St., Dubuque, IA 52001; 1023327001;
LOT 1-3 Pfohls Sub; 7/27/2018; 140.00; 25.00
760 Kaufmann Ave; Jacob C Hansen 760
Kaufmann Dubuque, IA 52001; 1014453021;
Lot 2 Blk 1 Roy Ney Sub; 8/9/2018; 80.00;
25.00
540 English Ln; Thomas Cholke 540 Eng-
lish Ln. Dubuque, IA 52003; 1036128012; Lot
4 Brockman Sub; 8/8/2018; 60.00; 25.00
917 Lincoln Ave; David B Esser & Pamela
A Hingtgen 917 Lincoln Dubuque, IA 52001;
1013476004; NE 25' Lot 32 Hoopers Add;
8/8/2018; 60.00; 25.00
Air Hill; Louis George Mihalakis, 1212 Mil-
ler Rd., Dubuque, IA 52003; 1025130011; N
40'-S 1/2-Lot 12, S 35'-S 1/2-Lot 12, & S 60'-
Lot 13 all in Kelly's Sub; 8/10/18; 140.00;
25.00
1455 Wood St; Dana Miller & Sheila Heim,
1455 Wood St., Dubuque, IA 52001;
1023465006; Lot 22 Oakland Park Add;
8/8/18; 105.00; 25.00
1605 N Grandview Ave; Lindecker, Scott
J., 1605 N Grandview Ave., Dubuque IA
52001; 1023455009; Lot 90 Woodlawn Park
Add; 7/27/18; 70.00; 25.00
1001 Garfield Ave; OHP 66 LC 2920 N
Harrison St Davenport, IA 52083 Christopher J
Mayne 591 Almond St Dubuque, IA 52001;
1118351016; E 93.5' of Lot 5 Mc Craney's 2nd
Add; 08/22/18; 60.00; 25.00
1035 Wilson St; Richard M & Kristina L
Chapman 1035 Wilson St Dubuque, IA 52001;
1025103007; Lot 11 Cains Sub; 08/22/18;
60.00; 25.00
1100 Roosevelt St; Gary Bernhard 1100
Roosevelt St Dubuque, IA 52001;
1012201003; Lot 4 Wersinger Sub; 08/22/18;
90.00; 25.00
709 Fenelon Pl; Rebecca & Michael Nolan,
709 Fenelon Pl., Dubuque, IA 52001;
1025178025; Lot 15 Fortunes Sub 709-711
Fenelon Pl; 8/29/18; 80.00; 0.00
1988 Asbury Rd; Rachel E Tucker 1988
Asbury Rd Dubuque, IA 52001; 1022429001;
Lot 6 Hillcrest Sub; 08/30/18; 150.00; 25.00
12 Collins St; Barbara A Keehner, 12 Col-
lins St., Dubuque, IA 52001; 1026326001; N
29' Lot 48 & S 24' Lot 47 O'Neills Sub No 3;
8/22/18; 75.00; 25.00
1908 Schiller; Jamie J Birch 1908 Schiller
Dubuque, IA 52001; 1118351015; W 44' of Lot
5 McCraney 2nd Add.; 09/26/18; 198.90; 25.00
1289 W 5th St; Rebecca McCue, 1289 W
5th St., Dubuque, IA 52001; 1026236008; Lot
2-A-11 & Lot 2-B-12 both S.M. Langs Add;
10/3/18; 120.00; 25.00
1908 Schiller St; Jamie J Birch 1908 Schil-
ler Dubuque, IA 52001; 1118351015; W 44' of
Lot 5 McCraney 2nd Add.; 11/1/18; 360.60;
25.00
11. USDA Rural Utilities Service: Corre-
spondence from the United States Department
of Agriculture Rural Utilities Services notifying
the City of the cancelation and intent to re-
schedule the public hearings for the Cardinal-
Hickory Creek Transmission Line Project. Up-
on motion the documents were received and
filed.
12. Signed Contract(s): Lamar Companies
First Amendment to Lease Agreement for 280
South Locust Street. Upon motion the docu-
ments were received and filed.
13. 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. 43-19 Approving
applications for beer, liquor, and/or wine per-
mits, as required by City of Dubuque Code of
Ordinances Title 4 Business and License Reg-
ulations, Chapter 2 Liquor Control, Article B
Liquor, Beer and Wine Licenses and Permits
was adopted.
RESOLUTION NO. 43-19
APPROVING APPLICATIONS FOR BEER,
LIQUOR, AND/OR WINE PERMITS, AS RE-
QUIRED BY CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 4 BUSINESS AND LI-
CENSE REGULATIONS, CHAPTER 2 LIQ-
UOR CONTROL, ARTICLE B LIQUOR,
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 re-
quirements of the Code of Ordinances.
47 Regular Session February 4, 2019 Book 149
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Clerk is hereby author-
ized and directed to cause to be issued the
noted permit types to the following applicants
pending submission of the locally required
documentation:
Renewals
Dubuque Religious Center, Inc., 923 Main St.,
Class B Wine (WB)(Sunday)
Gin Rickey’s, 1447 Central Ave., Class C Liq-
uor (Sunday)
Hartig Drug Company #4, 2225 Central Ave.,
Class E Liquor, Class B Wine, Class C
Beer (Sunday)
Passed, approved, and adopted this 4th
day of February 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
ITEMS SET FOR PUBLIC HEARING
Motion by Resnick to receive and file the
documents, adopt the resolutions, set the pub-
lic hearings as indicated, and direct the City
Clerk to publish notice as prescribed by law.
Seconded by Shaw. Motion carried 6-0.
1. Grand River Center Decorative Concrete
Repair Project: City Manager recommending
that the City Council grant preliminary approval
of the construction plans and specifications,
and establish February 18, 2019, as the date
for the public hearing for the Grand River Cen-
ter Decorative Concrete Repair Project. Upon
motion the documents were received and filed
and Resolution No. 44-19 Preliminary approval
of plans, specifications, form of contract, and
estimated cots; setting date of public hearing
on plans, specification, form of contract, and
estimated cost was adopted setting a public
hearing for a meeting to commence at 6:00
p.m. on February 18, 2019 in the Historic Fed-
eral Building.
RESOLUTION NO. 44-19
GRAND RIVER CENTER - DECORATIVE
CONCRETE REPAIR PROJECT
PRELIMINARY APPROVAL OF PLANS,
SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST; SETTING DATE
OF PUBLIC HEARING ON PLANS, SPECI-
FICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The proposed plans, specifications, form of
contract and estimated cost for the Grand Riv-
er Center - Decorative Concrete Repair Project
in the estimated amount $100,000.00, are
hereby preliminarily approved and ordered
filed in the office of the City Clerk for public
inspection.
A public hearing will be held on the 18th
day of February, 2019, at 6:00 p.m. in the His-
toric Federal Building Council Chambers (sec-
ond floor) 350 W. 6th Street, Dubuque, Iowa, at
which time interested persons may appear and
be heard for or against the proposed plans and
specifications, form of contract and estimated
cost of said Project, and the City Clerk be and
is hereby directed to cause the attached notice
of the time and place of such hearing to be
published in a newspaper having general cir-
culation in the City of Dubuque, Iowa, which
notice shall be published not less than four
days nor more than twenty days prior to the
date of such hearing. At the hearing, any inter-
ested person may appear and file objections to
the proposed plans, specifications, form of
contract, or estimated cost of the Project.
The Grand River Center - Decorative Con-
crete Repair Project 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 Bid-
ders hereby approved.
The City Engineer is hereby directed to ad-
vertise for bids for the construction of the im-
provements herein provided, by publishing the
attached Notice to Bidders to be published in
the Master Builders of Iowa Plan Room, The
Construction Update Network and posted on
the City of Dubuque website at
www.cityofdubuque.org/bids and which notice
shall be published not less than thirteen but
not more than forty-five days before the date
for filing bids before 2:00 p.m. on the 21st day
of February, 2019. Bids shall be opened and
read by the City Clerk at said time and will be
submitted to the City Council for final action at
6:00 p.m. on the 4th day of March 2019, in the
Historic Federal Building Council Chambers
(second floor), 350 West 6th Street, Dubuque,
Iowa.
Passed, adopted and approved this the 4th
day of February 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Water Revenue Capital Loan Notes (In-
terim Financing) State Revolving Funds, Plan-
ning & Design Loan Application for Bee
Branch Detention Basin Facility: City Manager
recommending approval of a resolution fixing
the date of March 18, 2019, for a public hear-
ing on the proposition of selling not-to-exceed
$795,000 in Clean Water Planning & Design
SRF Loan Notes for the Bee Branch Detention
Basin Facility. Upon motion the documents
were received and filed and Resolution No. 45-
19 Fixing date for a meeting on the authoriza-
tion of a Loan and Disbursement Agreement
48 Regular Session February 4, 2019 Book 149
and the issuance of not-to-exceed $795,000
Stormwater Management Utility Revenue Cap-
ital Loan Notes of the City of Dubuque, Iowa,
and providing for publication of notice thereof
was adopted setting a public hearing for a
meeting to commence at 6:00 p.m. on March
18, 2019 in the Historic Federal Building.
RESOLUTION NO. 45-19
FIXING DATE FOR A MEETING ON THE
AUTHORIZATION OF A LOAN AND DIS-
BURSEMENT AGREEMENT AND THE IS-
SUANCE OF NOT TO EXCEED $795,000
STORMWATER MANAGEMENT UTILITY
REVENUE CAPITAL LOAN NOTES OF THE
CITY OF DUBUQUE, IOWA, AND PROVID-
ING FOR PUBLICATION OF NOTICE
THEREOF
Whereas, it is deemed necessary and ad-
visable that the City of Dubuque, Iowa should
provide for the authorization of a Loan and
Disbursement Agreement and the issuance of
Stormwater Management Utility Revenue Cap-
ital Loan Notes, in the amount of not to exceed
$795,000, as authorized by Section 384.84A of
the Code of Iowa, as amended, for the pur-
pose of providing funds to pay costs as here-
inafter described; and
Whereas, it is proposed that the City fund
its costs on an interim basis under Section
76.13 of the Code of Iowa, anticipating in part,
the future receipt of the proceeds of the issu-
ance of said Stormwater Management Utility
Revenue Capital Loan Notes; and
Whereas, the City has applied for a loan
through the Iowa Water Pollution Control
Works Financing Program pursuant to which
the Iowa Finance Authority has agreed to pur-
chase the City's Notes and has requested that
such Notes be issued as a single Note in a
denomination equal to the total amount of the
issue as authorized by Chapter 384, Code of
Iowa; and
Whereas, the Loan and Disbursement
Agreement and Note shall be payable solely
and only out of the Net Revenues of the
Stormwater Management Utility System and
shall be a first lien on the future Net Revenues
of the Utility; and shall not be general obliga-
tions of the City or payable in any manner by
taxation and the City shall be in no manner
liable by reason of the failure of the Net Reve-
nues to be sufficient for the payment of the
Loan and Disbursement Agreement and Note;
and
Whereas, before a Loan and Disbursement
Agreement may be authorized and Stormwater
Management Utility Revenue Capital Loan
Notes issued to evidence the obligation of the
City thereunder, it is necessary to comply with
the provisions of the Code of Iowa, as amend-
ed, and to publish a notice of the proposal and
of the time and place of the meeting at which
the Council proposes to take action for the
authorization of the Loan and Disbursement
Agreement and Notes and to receive oral
and/or written objections from any resident or
property owner of the City to such action.
NOW, THEREFORE, BE IT RESOLVED
BY THE City Council OF THE City of Dubu-
que, IOWA:
Section 1. That this City Council meet in
the Historic Federal Building, 350 West 6th
Street, Dubuque, Iowa, City of Dubuque, Iowa,
at 6:00 o'clock P.M., on the 18th day of March,
2019, for the purpose of taking action on the
matter of the authorization of a Loan and Dis-
bursement Agreement and the issuance of not
to exceed $795,000 Stormwater Management
Utility Revenue Capital Loan Notes to evi-
dence the obligations of the City thereunder,
the proceeds of which will be used to provide
funds to pay the costs of acquisition, construc-
tion, reconstruction, extending, remodeling,
improving, repairing and equipping all or part
of the Stormwater Management Utility, includ-
ing improvements associated with the Bee
Branch Gate Replacement/Pumping Station
Project.
Section 2. That the Clerk is hereby directed
to cause at least one publication to be made of
a notice of said meeting, in a legal newspaper,
printed wholly in the English language, pub-
lished at least once weekly, and having gen-
eral circulation in said City, said publication to
be not less than thirty clear days before the
date of said public meeting on the issuance of
the Notes.
Section 3. The notice of the proposed ac-
tion shall be in substantially the [provided]
form:
Dubuque, Iowa, as provided by Section
384.84A of the Code of Iowa.
Passed, adopted, and approved this the 4th
day of February 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
BOARDS/COMMISSIONS
Appointments were made to the following
Boards / Commissions.
1. Community Development Advisory
Commission: One, 3-Year term through Feb-
ruary 15, 2022 (Expiring terms of Boles and
Hinke). Applicants: Dean Boles, 1715 Gerald-
ine Dr.; Michelle Hinke, 973 Patricia Ann Dr.
Upon roll-call vote: Boles = Shaw; Hinke =
Larson, Buol, Resnick Jones, Del Toro;
Michelle Hinke was appointed to the 3-year
term through February 15, 2020.
2. Investment Oversight Advisory Commit-
tee: One, 3-Year term through July 1, 2021
(Vacant term of Ferraro). Applicant: Luke
49 Regular Session February 4, 2019 Book 149
Schiltz, 2955 Van Buren. Motion by Jones to
appoint Mr. Schiltz to the 3-year term through
July 1, 2021. Seconded by Resnick. Motion
carried 6-0.
3. Mediacom Charitable Foundation: One,
1-Year term through December 31, 2019 (Ex-
pired term of Twining). Applicant: Constance
Twining, 1818 Avalon Rd. Motion by Resnick
to appoint Ms. Twining to the 1-year term
through December 31, 2019. Seconded by
Larson. Motion carried 6-0.
4. Resilient Community Advisory Commis-
sion: One, 3-Year term through August 30,
2019 (Vacant Cross representation term of
Drahozal). Applicant: Carrie, Lohmann, 1879
Denver Dr. (Currently on the Transit Advisory
Board, Qualifies for Cross Representation);
one, 3-Year term through July 1, 2019 (Vacant
At-Large term of Lohmann); and one, 3 -Year
term through July 1, 2021 (Vacant At-Large
term of Darr). Applicants: Jacob Kahlhaas,
1125 Richards Rd.; and Adam Hoffman, 1910
Marion St.
Motion by Larson to appoint Ms. Lohmann
to the 3-year, cross-representative term
through July 1 ,2019; Mr. Kahlhaas to the 3-
year term through July 1, 2019; and Mr. Hoff-
man to the 3-year term through July 1, 2021.
Seconded by Jones. Motion carried 6-0.
PUBLIC HEARINGS
1. Dubuque County Historical Society Ice
Harbor Fifth Amendment to Lease Agreement:
Proof of publication on notice of public hearing
to approve the disposal of an interest in City-
owned real estate by Fifth Amendment to
Lease Agreement between the City of Dubu-
que, Iowa and Dubuque County Historical So-
ciety (DCHS), and Senior Counsel recom-
mending approval. Motion by Jones to receive
and file the documents and adopt Resolution
No. 46-19 Disposing of an interest in real
property by Fifth Amendment to Lease Agree-
ment between the City of Dubuque, Iowa and
Dubuque County Historical Society. Seconded
by Resnick. Motion carried 6-0.
RESOLUTION NO. 46-19
DISPOSING OF AN INTEREST IN REAL
PROPERTY BY FIFTH AMENDMENT TO
LEASE AGREEMENT BETWEEN THE CITY
OF DUBUQUE, IOWA, AND DUBUQUE
COUNTY HISTORICAL SOCIETY
Whereas, the City of Dubuque, Iowa (City)
and Dubuque County Historical Society
(DCHS) entered into a Lease Agreement
(Lease) on June 5, 2000 for certain real prop-
erty (Demised Premises) described in Exhibit
A attached thereto; and
Whereas, City and DCHS amended the
Lease by the First, Second, Third, and Fourth
Amendments to the Lease Agreement; and
Whereas, City and DCHS desire to further
amend the Lease as set forth in the attached
Fifth Amendment; and
Whereas, on February 4, 2019 the City
Council pursuant to notice published as re-
quired by law held a public hearing on its intent
to dispose of the foregoing interest in real
property and overruled all objections thereto;
and
Whereas, the City Council finds that it
would be in the best interests of the City to
approve the Fifth Amendment to the Lease
with DCHS.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of
Dubuque, Iowa, approves the Fifth Amend-
ment to Lease Agreement attached hereto,
and the Mayor is hereby authorized and di-
rected to sign this Resolution and the Fifth
Amendment to Lease Agreement.
Passed, approved and adopted this 4th day
of February 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
ACTION ITEMS
1. Awarding Contract for the Historic Fed-
eral Building Roof Restoration Project: City
Manager recommending award of the con-
struction contract for the Historic Federal
Building Roof Restoration Project to the low
bidder Giese Roofing. Motion by Shaw to re-
ceive and file the documents and adopt Reso-
lution No. 47-19 Awarding the Public Im-
provement Contract for the Historic Federal
Building - Roof Restoration Project. Seconded
by Del Toro. Motion carried 6-0.
RESOLUTION NO. 47-19
AWARDING PUBLIC IMPROVEMENT CON-
TRACT FOR THE HISTORIC FEDERAL
BUILDING - ROOF RESTORATION PRO-
JECT
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Whereas, sealed proposals have been
submitted by contractors for the Historic Fed-
eral Building Roof Restoration Project, (the
Project) pursuant to Resolution No. 377-18
and Notice to Bidders published on the City of
Dubuque, Iowa website and plan room service
with statewide circulation on the 21st day of
December 2018.
Whereas, said sealed proposals were
opened and read on the 24th day of January
2019 and it has been determined that Giese
50 Regular Session February 4, 2019 Book 149
Roofing of Dubuque, Iowa, submitted low bid
in the amount of $271,922.70 and 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 Giese Roofing
and the City Manager is hereby directed to
execute a Public Improvement Contract on
behalf of the City of Dubuque for the Project.
Passed, adopted and approved this 4th day
of February 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Residential Parking Permit District Pro-
gram History: City Manager transmitting histo-
ry on the City of Dubuque’s Residential Park-
ing Permit Program and future considerations.
Restated motion by Shaw to receive and file
the documents and refer to staff for a recom-
mendation. Seconded by Larson. Motion car-
ried 6-0.
Responding to questions from the City
Council, City Engineering Gus Psihoyos re-
called the history of the program from the
1970’s where a designated committee deter-
mined at the time that 2 residential, on-street
parking spaces were sufficient. City Council
discussion included; keeping with the spirit of
the ordinance; discussion over limiting resi-
dents to 2 passes or increasing them to 3 and
retaining the current cap on guest passes;
working more with the school district with re-
gard to student parking; the reality of the in-
creased number of cars in residential neigh-
borhoods since the program’s inception; and
potentially altering the current ordinance with
caution and reason.
3. Request to Schedule Work Session on
2018 Community Perceptions Survey: Greater
Dubuque Development Corporation President
& CEO Rick Dickinson requesting that the City
Council schedule a work session on March 11,
2019, at 6:00 p.m. in the City Council Cham-
bers for a presentation on the Loras College
2018 Community Perceptions Survey. Motion
by Jones to receive and file the documents
and set the work session as recommended.
Seconded by Larson. No calendar conflicts
were expressed by Council Members. Motion
carried 7-0.
4. Fiscal Year 2020 Budget Recommenda-
tion: City Manager transmitting the Fiscal Year
2020 Recommended Budget Transmittal Mes-
sage. The City Manager made a presentation.
Topics included: recommending decrease in
property tax rate, history and comparisons;
City debt retirement vs. new, SRF debt
accessed, total debt reduction by fiscal year,
debt limit comparisons to other Iowa cities;
General Fund Reserve overview; City utilities
recommendations; FY20 improvement pack-
ages; review of budget hearings schedule.
Responding to questions from the City Coun-
cil, City Manager Van Milligen and Budg-
et/Finance Director Jenny Larson explained
retired vs. new debt, the types of actions that
qualify as reportable debt and the percentage
of growth rate. Council Member Del Toro ex-
pressed concern for keeping a strict trajectory
toward debt reduction. Council Member Jones
stated that historical debt issuances were
planned and well-managed and agreed with
Council Member Resnick over the need for
keeping flexibility in the debt reduction policy.
Motion carried 5-1 with Del Toro voting nay.
COUNCIL MEMBER REPORTS
Council Member Jones reported that sev-
eral of the percussionists that performed in the
Super Bowl LIII halftime show were alumni
from the Dubuque Colts Drum & Bugle Corps.
There being no further business, upon mo-
tion the City Council adjourned at 7:09 p.m.
/s/Kevin S. Firnstahl, City Clerk
51 Special Session February 7, 2019 Book 149
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special
session at 6:00 p.m. February 7, 2019 in the
Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol, Council Members Del
Toro, Jones, Larson, Resnick, Rios (Joined at
6:12 p.m.); Shaw; City Manager Michael Van
Milligen.
Mayor Buol read the call and stated this is
a special session of the City Council called for
the purpose of discussing various City De-
partmental Fiscal Year 2020 budgets.
FISCAL YEAR 2020 DEPARTMENTAL
BUDGET REVIEW
Prior to the budget hearings, Mayor Buol
reviewed a memo from City Attorney Crenna
Brumwell regarding options for City Council
Members to call out budget items for further
discussion, removal from, or inclusion in the
final budget recommendation.
Motion by Jones to adopt Option #2 calling
for an informal poll of Council to call out such
items. Mayor Buol confirmed that an individual
Council Member can call for the poll. Second-
ed by Resnick. Motion carried 6-0.
Fiscal Year 2020 City departmental budg-
ets were presented by staff from the following
departments.
1. Information Services: Chris Kohlmann,
Information Services Manager.
2. City Attorney’s Office (Legal): Crenna
Brumwell, City Attorney.
3. City Clerk’s Office: Kevin Firnstahl, City
Clerk
4. Cable TV Division: Craig Nowak Cable
TV Division Coordinator
5. City Manager’s Office: Teri Goodmann,
Assistant City Manager; Cori Burbach,
Assistant City Manager.
a) Sustainable Dubuque: Gina Bell,
Sustainable Community Coordi-
nator
b) Neighborhood Development:
Jerelyn O’Connor, Neighborhood
Development Specialist.
c) Budget Office: Jenny Larson, Fi-
nance/Budget Director
d) Personnel: Gina Noel, Personnel
Assistant.
e) Public Information Office: Randy
Gehl, Public Information Officer
f) Geographic Information System:
Nikki Rosemeyer, GIS Coordina-
tor
6. City Council: City Manager Mike Van
Milligen
Presenters responded to questions from
the City Council. Following the City Clerk’s
presentation and discussion of the Sister City
improvement package request, City Manager
Van Milligen stated that some flexibility is built
into the budget allowing for changes that
would not impact the recommended and pub-
lished tax levy amount. A poll of Council re-
quested by Council Member Shaw to include
the request for additional Sister City funding
failed 3-4 with Shaw, Larson and Rios voting
yay.
Mayor Buol called for public input on each
department’s respective budget presentation.
PUBLIC INPUT
Nino Erba, 1505 Fairview Pl., asked what
was being done by the Information Services
Department to help reduce carbon emissions
related to the 50% reduction by 2050 climate
goal. Information Services Manager Chris
Kohlmann stated that many of the projects that
the department is engaged with and the IT
equipment choices are energy efficient and
produce measurable outcomes related to the
climate goal. Mr. Erba also asked about the
possibility of archived cable programs being
closed-captioned as part of the Division’s im-
provement package request. Cable TV Coor-
dinator stated that due to the cost of closed-
captioning and the turn-around time, they will
be selective in which programs are of priority
for captioning. Following the City Manager’s
Office budget presentation, Mr. Erba ex-
pressed his concerns for allocating funds for
staff t-shirts at this year’s Iowa League of Cit-
ies conference held in Dubuque while the sala-
ries of Council and staff members was not part
of the budget discussion.
There being no further business, upon mo-
tion the City Council adjourned at 9:33 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
52 Special Session February 11, 2019 Book 149
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special
session at 6:00 p.m. February 11, 2019 in the
Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol, Council Members Del
Toro, Jones, Larson, Resnick, Rios (Joined at
6:03); Shaw; City Manager Michael Van Milli-
gen
Mayor Buol read the call and stated this is
a special session of the City Council called for
the purpose of discussing various City De-
partmental Fiscal Year 2020 budgets.
PUBLIC HEARINGS
Prior to the budget hearings, Council
Member Jones requested a re-polling of the
Council for holding the City Clerk’s Office Sis-
ter City improvement package for further dis-
cussion and possible inclusion in the final
budget recommendation. There was a con-
sensus of four (Jones, Shaw, Buol, Larson).
FISCAL YEAR 2020 DEPARTMENTAL
BUDGET REVIEW
Fiscal Year 2020 City departmental budg-
ets were presented by staff from the following
departments:
1. Health Services: Mary Rose Corrigan,
Health Services Manager; and Envi-
ronmental Sanitarians Tim Link and
Katie Kieffer.
2. Human Rights Department: Kelly Lar-
son, Human Rights Director
3. Carnegie-Stout Public Library: Susan
Henricks, Library Director
4. Dubuque Regional Airport: Robert Grier-
son, Airport Director
5. Finance Department: Jean Nachtman,
Finance Director
The City Council had discussion with the
presenters following their respective presenta-
tions. The City Manager reviewed a handout
that compared financial scenarios for the ani-
mal control officer improvement package for
the Health Services Budget. Council Member
Larson requested concurrence for having the
item held for further discussion at the final
budget hearing. There was no consensus with
Larson and Rios concurring.
PUBLIC INPUT
Following the Health Services presenta-
tion, Nino Erba, 1505 Fairview Pl., asked
about registering service animals. Health Ser-
vices Manager Mary Rose Corrigan stated that
the department does not track service animal
registrations but that such animals are still
required to be licensed in the City.
Following the Airport presentation, Nino
Erba, 1505 Fairview Pl., asked what the airport
is doing to reduce carbon emissions related to
the City’s goal. Airport Manager Bob Grierson
stated that the airport does not have control
over the airlines in this area, but the depart-
ment uses biogas and electric vehicles as well
as controlling the agricultural land that sur-
rounds, they airport and owned by the City.
There being no further business, upon mo-
tion the City Council adjourned at 8:46 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
53 Special Session February 13, 2019 Book 149
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special
session at 6:00 p.m. February 13, 2019 in the
Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol, Council Members Del
Toro, Larson, Resnick; Shaw; City Manager
Michael Van Milligen.
Absent: Council Members Jones and Rios
Mayor Buol read the call and stated this is
a special session of the City Council called for
the purpose of conducting the FY20 CDBG
Annual Action Plan public hearing and dis-
cussing various FY20 City Departmental
budgets.
PUBLIC HEARING
1. Community Development Block Grant-
Fiscal Year 2020 Annual Action Plan: Proof of
Publication on notice of public hearing to ap-
prove a Resolution to include the Fiscal Year
2020 Community Development Block Grant
Annual Action Plan in the City of Dubuque's
Fiscal Year 2020 budget and the City Manager
recommending approval. Motion by Shaw to
receive and file the documents and adopt
Resolution No. 48-19 Adopting the Fiscal Year
2020 (Program Year 2019) Community. De-
velopment Block Grant (CDBG) Annual Action
Plan. Seconded by Resnick. Housing and
Community Development Manager Alexis
Steger provided a slide presentation. Topics
included: CDBG objectives; grant allocations
for FY10-FY19; a review of the Community
Development Advisory Commission; summary
of the proposed FY20 Annual Action Plan;
resources to meet locally identified needs;
creating quality affordable housing opportuni-
ties; equitable outcomes; and advancing City
Council goals. Motion carried 5-0.
RESOLUTION NO. 48-19
ADOPTING THE FISCAL YEAR 2020 (PRO-
GRAM YEAR 2019) COMMUNITY DEVEL-
OPMENT BLOCK GRANT (CDBG) ANNUAL
ACTION PLAN FOR INCLUSION IN THE
CITY BUDGET
Whereas, the City of Dubuque, through a
series of public meetings and hearings, pro-
posed a Fiscal Year 2020 (Program Year
2019) Community Development Block Grant
Annual Action Plan for inclusion in the City
Budget addressing housing and non-housing
needs in the community; and
Whereas, the City Council has held a pub-
lic hearing on the proposed plan on February
13, 2019.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Community Develop-
ment Block Grant Fiscal Year 2020 (Program
Year 2019) Annual Action Plan, attached here-
to as Exhibit A and by this reference made a
part hereof, is hereby adopted for inclusion in
the Fiscal Year 2020 City Budget on March 7,
2019.
Section 2. That proposed Fiscal Year 2020
Annual Action Plan is based on an estimated
entitlement and may need to be amended prior
to submission to the United States Department
of Housing and Urban Development to reflect
the actual entitlement amount awarded.
Section 3. The amended plan will be pre-
pared and reviewed in accordance with the
adopted Citizen Participation Plan prior to
submission to the United States Department of
Housing and Urban Development.
Section 3. The City Manager is hereby au-
thorized to directed staff to prepare and submit
to the United States Department of Housing
and Urban Development the Fiscal Year 2020
(Program Year 2019) Annual Action Plan with
all related documents, for the use of Communi-
ty Development Block Grant funds based on
this adopted budget and execute standard
contracts and agreements.
Passed, approved and adopted this 13th
day of February 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
FISCAL YEAR 2020 DEPARTMENTAL
BUDGET REVIEW
Fiscal Year 2020 City departmental budg-
ets were presented by staff from the following
departments:
1. Housing & Community Development
Department: Alexis Steger, Housing and
Community Development Manager.
2. Planning Services: Laura Carstens,
Planning Services Manager
3. Economic Development Department: Jill
Connors, Economic Development Director
4. Transportation Services: Renee Tyler,
Transportation Services Manager; and Jodi
Johnson, Operations Manager.
The City Council had discussion with staff
following their respective presentations. Fol-
lowing the Housing and Community Develop-
ment presentation, Council Member Shaw
requested an informal poll of the Council to
54 Regular Session February 18, 2019 Book 149
include discussion of another full-time inspec-
tor in the final budget suggesting a possible
financial swap with the request for a civil rights
specialist position in the City Attorney’s Office.
Larson, Del Toro, Buol, Shaw concurred 4-1
with Resnick declining.
For the record, Mayor Buol acknowledged
receipt of correspondence from Council Mem-
ber Jones, favoring holding the housing in-
spector improvement package for further con-
sideration.
Following the Planning Services Depart-
ment presentation, Council Member Larson
requested that the department consider adding
sidewalks to its trail grant plans citing Roose-
velt Road as an area of need.
Following the Transportation Services De-
partment presentation, Council Member Shaw
recommended that the department engage in
a vigorous public education campaign for the
Smart Meter Project and not depend solely
upon social media outlets for public education.
PUBLIC INPUT
Following the Housing and Community De-
velopment presentation, Lynn Sutton, 859 Air
Hill, thanked the City Council for the additional
inspector hours and stated that there are still
many tenants living without heat, that denials
by landlords are continuing to occur in the
Housing Choice Voucher Program, and that
the weed/grass cutting, and garbage removal
inspections should be removed from the in-
spector duties. Ms. Sutton added that there
are no consistent standards for determining at
what length grass should be cut.
Following the Transportation Services De-
partment presentation, John Gronen / Gronen
Restoration, 1766 Plymouth Ct., emphasized
the need by businesses for transportation
strategies and studies as they relate to current
development and future business growth. Mr.
Gronen highlighted the use of new technology
and the need for parking infrastructure.
Nikki Kieffer, President of Sedona Staffing,
2064 Holliday Drive, described the difficulty
Sedona has filling 6:15 a.m. staffing requests
for west end businesses because the bus
routes don’t start early enough to get workers
to the job sites in time.
Greg Orwoll, Executive Director of DuRide,
2728 Asbury Rd., distributed and reviewed the
volunteer transportation service’s public infor-
mation brochure and statistics report.
There being no further business, upon mo-
tion the City Council adjourned at 8:42 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular
session at 6:00 p.m. on February 18, 2019 in
the Historic Federal Building, 350 W. 6th
Street.
Present: Mayor Buol; Council Members Del
Toro, Jones, Larson, Resnick, Rios (Joined at
6:03 p.m.), Shaw; City Manager Van Milligen,
City Attorney Brumwell
Mayor Buol read the call and stated this is
a regular session of the City Council called for
the purpose of conducting such business that
may properly come before the City Council.
PLEDGE OF ALLEGIANCE
PRESENTATION(S)
1. Fire Unit Commendations: Fire Chief
Rick Steines presented commendations to
several Fire Unit Personnel and Emergency
Responders for a December 3, 2018 rescue
situation: Engine 501 – Shift One, Lt. M. Fitz-
patrick, Medical Officer S. Janecke, and FF D
White; Engine 503 – Shift One, Lt. S. Berkley,
FEO C. Lawrence, FF T. Krapfl; Engine 506 –
Shift One, Lt. T. George, FEO D. Merkes;
Ladder 512 – Shift One, Lt. M. Lynch, FEO K.
Mueller; Medic 551 – Shift One, Lt. M. Weitz,
FF J. Schmitt; Command 528 – Shift One, AC
M. Ludescher, FEO R. Klaren
2. Iowa Tourism Outstanding Community
Award Presentation [Postponed to March 4,
2019.]
PROCLAMATION(S)
1. Read Across America Day Proclamation
(March 4, 2019) was accepted by Beth
McGrory of St. Mark Youth Enrichment, 1201
Locust St.
2. American Legion Centennial Month
(March 2019), was accepted by Bob Felder-
man, Commander of Post 6.
3. Irish-American Heritage Month Procla-
mation (March 2019), was accepted by Bob
Felderman, Recording Secretary of the An-
cient Order of the Hibernians #2.
CONSENT ITEMS
Motion by Resnick to receive and file the
documents, adopt the resolutions, and dispose
55 Regular Session February 18, 2019 Book 149
of as indicated. Seconded by Del Toro. Moti on
carried 7-0.
1. Minutes and Reports Submitted: Arts
and Cultural Affairs Advisory Commission of
2/6; City Council Proceedings of 2/4, 2/7; Air-
port Commission of 1/28; Catfish Creek Wa-
tershed Management Authority of 2/7; Five
Flags Civic Center Commission of 2/4; Invest-
ment Oversight Advisory Commission of 1/23;
Library Board of Trustees City Council Update
#179 of 1/24; Zoning Advisory Commission of
2/6; Zoning Board of Adjustment of 1/24; Proof
of Publication for City Council Proceedings of
1/22, 1/28. Upon motion the documents were
received and filed.
2. Notice of Claims and Suits: Trever Allen
for vehicle damage, Brian and Dee Collins for
property damage, Robert Krohmer for vehicle
damage, Eric Mueller for property damage;
lawsuit by Jerry Brandenburg for personal inju-
ry. Upon motion the documents were received,
filed, and referred to the City Attorney.
3. Disposition of Claims: City Attorney ad-
vising that the following claims have been re-
ferred to Public Entity Risk Services of Iowa,
the agent for the Iowa Communities Assurance
Pool: Trever Allen for vehicle damage; Brian
and Dee Collins for property damage; Robert
Krohmer for vehicle damage; and Eric Mueller
for property damage. Upon motion the docu-
ments were received, filed, and concurred.
4. Approval of City Expenditures: City
Manager recommending Council approval for
payment of City expenditures. Upon motion
the documents were received and filed, and
Resolution No. 49-19 Authorizing the Finance
Director-City Treasurer to make certain pay-
ments of bills that must be paid and approved
for payment in accordance with City proce-
dures was adopted.
RESOLUTION NO. 49-19
AUTHORIZING THE FINANCE DIRECTOR-
CITY TREASURER TO MAKE CERTAIN
PAYMENTS OF BILLS THAT MUST BE PAID
AND APPROVED FOR PAYMENT IN AC-
CORDANCE 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 req-
uisitioned for a lawful municipal purpose; and
Whereas, the Finance Director-City Treas-
urer 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 pay-
ment 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 requested
by designated requisitioning authorities in ac-
cordance with approved budget appropria-
tions.
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 18th
day of February 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. Quarterly Investment Report for Decem-
ber 31, 2018: City Manager transmitting the
attached December 31, 2018 Quarterly In-
vestment Report. Upon motion the documents
were received and filed.
6. Human Rights Department Annual Re-
port: City Manager transmitting the FY2019
Human Rights Department Annual Report.
Upon motion the documents were received
and filed.
7. Intermodal Transportation Center Fea-
tured in IA Architect Magazine: City Manager
providing an excerpt from IA Architect Maga-
zine in which the Dubuque Intermodal Trans-
portation Center is featured. Upon motion the
document was received and filed.
8. Bee Branch Watershed Flood Mitigation
Project News: City Manager providing a copy
of the Bee Branch Watershed Flood Mitigation
Project News public information brochure. Up-
on motion the document was received and
filed.
56 Regular Session February 18, 2019 Book 149
9. Landlord's Priority Category Own-
er/Agent Guidesheet: City Manager providing
information on a Landlord’s “Priority Category”
designation and a recently created guide
sheet. Upon motion the document was re-
ceived and filed.
10. Dubuque Main Street Loan Pool Specs
2019: City Manager providing a copy of Dubu-
que Main Street's Central Avenue Acquisition
and Rehabilitation Funding Loan Pool specifi-
cations. Upon motion the document was re-
ceived and filed.
11. DuRide Brochure and Information: City
Manager providing a copy of the DuRide public
information brochure and statistics report from
the February 13, 2019 FY20 Budget Hearing
No 3. Upon motion the document was received
and filed.
12. Dupaco Community Credit Union - IE-
DA Application: City Manager recommending
approval of a resolution authorizing the sub-
mission of an Iowa Economic Development
Authority Business Financial Assistance Appli-
cation by Dupaco Voices LLC, Dupaco RE
Management LLC, Dupaco Holding, LLC, and
Dupaco Community Credit Union to the Iowa
Economic Development Authority. Upon mo-
tion the documents were received and filed,
and Resolution No. 50-19 Authorizing the filing
of an application for State Business Financial
Assistance on behalf of Dupaco Voices, LLC,
Dupaco RE Management, LLC, Dupaco Hold-
ings, LLC and Dupaco Community Credit Un-
ion was adopted.
RESOLUTION NO. 50-19
AUTHORIZING THE FILING OF AN APPLI-
CATION FOR STATE BUSINESS FINAN-
CIAL ASSISTANCE ON BEHALF OF DUPA-
CO VOICES LLC, DUPACO RE MANAGE-
MENT LLC, DUPACO HOLDING, LLC, AND
DUPACO COMMUNITY CREDIT UNION
Whereas, Dupaco Voices LLC, Dupaco RE
Management LLC, Dupaco Holding, LLC, and
Dupaco Community Credit Union have pro-
posed making a Thirty-Eight Million Dollar
($38,000,000.00) investment for the creation of
82,800 square feet of office space in the rede-
velopment of the five-story Voices Building at
1000 Jackson Street 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 con-
tribute to the local economy through the crea-
tion of forty (40) full-time jobs in the City; and
Whereas, financial assistance from the Io-
wa 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 Eco-
nomic Development Assistance Contract in
order to finalize incentives and document as-
sociated terms for the Project; and
Whereas, the City Council finds that the fil-
ing of an Application for participation in the
Iowa Economic Development Authority’s Fi-
nancial Assistance Program on behalf of
Dupaco Voices LLC, Dupaco Re Management
LLC, Dupaco Holding, LLC, and Dupaco
Community Credit Union, a copy of which is
attached hereto, should be hereby approved.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the filing of an Application
for participation in the Iowa Economic Devel-
opment Authority’s Financial Assistance Pro-
gram on behalf of Dupaco Voices LLC, Dupa-
co Re Management LLC, Dupaco Holding,
LLC, and Dupaco Community Credit Union, is
hereby approved.
Section 2. That the Mayor is hereby au-
thorized 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 18th
day of February 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
13. Addition of Economic Development In-
tern: City Manager recommending approval to
hire a temporary intern for the Economic De-
velopment Department starting immediately.
Upon motion the documents were received
and filed, and Resolution No. 51-19 Approving
the creation of an Economic Development
Intern position was adopted.
RESOLUTION NO. 51-19
APPROVING THE CREATION OF AN ECO-
NOMIC DEVELOPMENT INTERN POSITION
Whereas, the Economic Development De-
partment (Department) has part-time adminis-
trative staff for the support of three full-time
staff; and
Whereas, Department would benefit from
the addition of staff to address administrative
tasks; and
Whereas, a part-time intern is an economi-
cal method of providing additional staff sup-
port; and
Whereas, it is deemed necessary that the
City Council approve the addition of any em-
ployee position.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
57 Regular Session February 18, 2019 Book 149
Section 1. That the addition of a 0.25 full-
time equivalent Economic Development Intern
position is hereby approved.
Section 2. That the City Manager is author-
ized to take such actions as are necessary to
comply with the terms of the Development
Agreement as herein approved.
Passed, approved, and adopted this 18th
day of February 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
14. Complete Action $2,763,000 Sewer
Revenue Capital Loan Notes, Series 2019
(State of Iowa Revolving Fund Loan) - Kerper
Boulevard Sanitary Sewer Reconstruction Pro-
ject: City Manager recommending approval of
the suggested proceedings to complete action
required on the $2,763,000 Sewer Revenue
Capital Loan Notes (State Revolving Loan
Fund Program) to be used to fund the Kerper
Boulevard Sanitary Reconstruction project and
the Eagle Point Park Environmental Restora-
tion Sponsorship Project. Upon motion the
documents were received and filed, and Reso-
lution No. 52-19 Series Resolution Authorizing
and providing for the issuance and securing
the payment of $2,763,000 Sewer Revenue
Capital Loan Notes, Series 2019 by the City of
Dubuque, Iowa under the provisions of Chap-
ter 384 of the Code of Iowa, providing for a
Method of Payment thereof, approving Loan
and Disbursement Agreement, Tax Exemption
Certificate, and other related matters was
adopted.
RESOLUTION NO. 52-19
AUTHORIZING AND PROVIDING FOR THE
ISSUANCE AND SECURING THE PAYMENT
OF $2,763,000 SEWER REVENUE CAPITAL
LOAN NOTES, SERIES 2019 BY THE CITY
OF DUBUQUE, IOWA UNDER THE PROVI-
SIONS OF CHAPTER 384 OF THE CODE OF
IOWA, PROVIDING FOR A METHOD OF
PAYMENT THEREOF, APPROVING LOAN
AND DISBURSEMENT AGREEMENT, TAX
EXEMPTION CERTIFICATE, AND OTHER
RELATED MATTERS
Whereas, the City Council of the City of
Dubuque, Iowa (the "City") has heretofore es-
tablished charges, rates and rentals for ser-
vices which are and will continue to be collect-
ed as system revenues of the Municipal Sewer
System, and said revenues are available for
the payment of sewer revenue bonds or notes,
subject to the following premises; and
Whereas, by Resolution No. 437-08
passed and approved on December 15, 2008
(the "Master Resolution"), the City Council
heretofore authorized the issuance of
$2,000,000 Sewer Revenue Capital Loan
Notes, Series 2009A, for the purpose of fi-
nancing the construction of the Series 2009A
Project described therein, and to pay related
costs of issuance; and
Whereas, Issuer proposes to issue its
Sewer Revenue Capital Loan Notes, Series
2019, to the extent of $2,763,000, for the pur-
pose of defraying the costs of the Series 2019
Projects as set forth in Section 1 of this Reso-
lution; and, it is deemed necessary and advis-
able 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
Council to take action for the issuance of not to
exceed $4,900,000 Sewer Revenue Capital
Loan Notes has heretofore been duly pub-
lished and no objections to such proposed
action have been filed, and the City therefore
deems it desirable to enter into a Loan and
Disbursement Agreement and issue the Notes;
and
Whereas, Section 8.3 of the Master Reso-
lution authorizes the issuance of additional
Senior Bonds, including Senior SRF Bonds, by
the City from time to time, if all of the condi-
tions 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 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 other-
wise 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:
"Additional Bonds" shall mean any sewer
revenue bonds or notes or other obligations
issued on a parity with the Notes in accord-
ance with the provisions of Section 23 hereof.
Provided, however, Additional Bonds which
are SRF Obligations shall not be secured by
the Reserve Fund and shall not be subject to
the Reserve Fund Requirement.
"Agreement" shall mean Loan and Dis-
bursement Agreement dated as of the
Closing between the City and the Original
Purchaser relating to the Loan made to the
City under the Program.
58 Regular Session February 18, 2019 Book 149
"City" or "Issuer" shall mean the City of
Dubuque, Iowa.
"Closing" shall mean the date of execu-
tion of the Agreement and delivery of the
Series 2019 Notes to the Original Pur-
chaser 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. 437-08, passed
and approved on December 15, 2008, enti-
tled "Master Resolution relating to the is-
suance of Sewer Revenue Bonds by the
City of Dubuque, Iowa under the provisions
of Chapter 384 of the Code of Iowa, au-
thorizing and providing for the issuance
and securing the payment of $2,000,000
Sewer Revenue Capital Loan Notes, Se-
ries 2009A, providing for a method of pay-
ment thereof, and related matters," as the
same may be amended from time to time.
"Original Purchaser" means the Iowa Fi-
nance Authority, as the purchaser of the
Series 2019 Notes from the City at the time
of their original issuance.
"Program" shall mean the Iowa Water
Pollution Control Works Financing Program
administered by the Original Purchaser.
"Series 2019 Notes" means the
$2,763,000 Sewer Revenue Capital Loan
Notes, Series 2019, dated the date of de-
livery, authorized to be issued pursuant to
this Series Resolution.
"Series 2019 Costs of Issuance Ac-
count" means the account by that name
within the Project Fund established in Sec-
tion 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 the
acquisition, construction, reconstruction,
extending, remodeling, improving, repairing
and equipping all or part of the Municipal
Sewer System, including those costs asso-
ciated with the Kerper Boulevard sanitary
sewer reconstruction project, as described
generally in the Agreement and more par-
ticularly 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 Resolu-
tion of the Council.
"Tax Exemption Certificate" means the
Tax Exemption Certificate executed by the
Treasurer and delivered at the time of is-
suance 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 - Authori-
zation and Purpose. Pursuant to the provisions
of the Master Resolution and in particular Sec-
tion 8.3 thereof, there are hereby authorized to
be issued, negotiable, serial, fully registered
Sewer Revenue Capital Loan Notes, Series
2019, in the aggregate principal amount of
$2,763,000, dated the date of delivery, for the
purpose of constructing the Series 2019 Pro-
jects and paying Project Costs relating thereto,
and to pay related Costs of Issuance. The Se-
ries 2019 Notes shall be issued as Senior SRF
Bonds under the terms of the Master Resolu-
tion, shall be designated "CITY OF DUBU-
QUE, IOWA, SEWER REVENUE CAPITAL
LOAN NOTES, SERIES 2019", for the pur-
pose of paying costs of the Project. The Coun-
cil, pursuant to Sections 384.24A and 384.82
of the Code of Iowa, hereby finds and deter-
mines that it is necessary and advisable to
issue said Notes authorized by the Agreement
and this Resolution.
The Series 2019 Notes and the Registrar’s
Certificate of Authentication shall be in sub-
stantially the form set forth in Exhibit A at-
tached hereto, with such variations, omissions,
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 Resolu-
tion; 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 may be in the denomination of
$1,000 or multiples thereof and shall at the
request of the Original Purchaser be initially
issued a single note numbered R-1 in the
amount of $2,763,000.
Sewer Revenue Capital Loan Notes, Se-
ries 2019, of the Issuer in the amount of
$2,763,000, shall be issued to evidence the
obligations of the Issuer under the Agreement
pursuant to the provisions of Sections 384.24A
and 384.82 of the Code of Iowa for the afore-
said purpose. The Series 2019 Notes shall be
59 Regular Session February 18, 2019 Book 149
designated "SEWER REVENUE CAPITAL
LOAN NOTE, SERIES 2019", be dated the
date of delivery, and bear interest at the rate of
1.75% per annum from the date of each ad-
vancement made under the Agreement, until
payment thereof, at the office of the Paying
Agent, said interest payable on June 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 Schedule at-
tached to the Agreement as Exhibit A and in-
corporated herein by this reference. As set
forth on said Debt Service Schedule, principal
shall be payable on June 1, 2019 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 in-
stallment of the entire balance of principal and
interest, if not sooner paid, shall become due
and payable on June 1, 2038. Notwithstanding
the foregoing or any other provision hereof,
principal and interest shall be payable as
shown on said Debt Service Schedule until
completion of the Project, at which time the
final Debt Service Schedule shall be deter-
mined by the Original Purchaser based upon
actual advancements, final costs and comple-
tion of the Project, all as provided in the ad-
ministrative rules governing the Program.
Payment of principal and interest on the Notes
shall at all times conform to said Debt Service
Schedule and 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 accordance
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 De-
nominations and may at the request of the
Original Purchaser be issued in the denomina-
tion of $1,000 or multiples thereof, or as a sin-
gle Series 2019 Note in the full authorized
amount thereof, and shall be registered in the
name of the Original Purchaser.
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 Series
2019 Notes to the Registrar, who shall authen-
ticate 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 Authentication sub-
stantially in the form of the Certificate herein
set forth. Such Certificate upon any such Se-
ries 2019 Note executed on behalf of the Issu-
er shall be conclusive 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 Resolution.
ARTICLE III
REDEMPTION OF BONDS
Section 3.1. Optional Redemption. The Se-
ries 2019 Notes are subject to optional re-
demption at a price of par plus accrued inter-
est (i) on any date upon receipt of written con-
sent 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 Pur-
chaser (or any other registered 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 PRO-
CEEDS
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 applied
as follows:
(i) An amount sufficient to pay the
Costs of Issuance of the Series 2019
Notes shall be deposited into the Se-
ries 2019 Costs of Issuance Account.
(ii) The balance of proceeds shall be
deposited into the Series 2019 Projects
Account of the Project Fund and ap-
plied thereafter to pay Project Costs of
the Series 2019 Projects.
Section 4.2. No Adjustment to Debt Ser-
vice 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 established in
the Master Resolution. Upon issuance of the
Series 2019 Notes, the amount to be accumu-
lated and maintained in the Debt Service Re-
serve Fund, if any, 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 immediately after
issuance of the Series 2019 Notes and which
are not Senior SRF Bonds.
ARTICLE V
TAX PROVISIONS
60 Regular Session February 18, 2019 Book 149
Section 5.1. Disposition of Bond Proceeds;
Arbitrage Not Permitted. The City reasonably
expects and covenants that no use will be
made of the proceeds from the issuance and
sale of the Series 2019 Notes issued hereun-
der which will cause any of the Series 2019
Notes to be classified as arbitrage bonds with-
in 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 the re-
quirements 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 state-
ments or the conclusion that it is not expected
that the proceeds of the Series 2019 Notes will
be used in a manner that would 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 calculations and deter-
minations necessary to complete the Tax Ex-
emption Certificate in all respects and to exe-
cute and deliver the Tax Exemption Certificate
at issuance of the Series 2019 Notes to certify
as to the reasonable expectations and cove-
nants 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 re-
quired 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 restrict-
ed 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 cove-
nants that it will make no change in the use of
the proceeds available for the construction of
facilities or change in the use of any portion of
the facilities constructed therefrom 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 inter-
est 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, Repre-
sentations 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 assur-
ances contained in the Tax Exemption Certifi-
cate, 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 ex-
cess 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 nec-
essary or advisable by its officers, to employ
and pay fiscal agents, financial advisors, attor-
neys 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 Agreement
and the Series 2019 Notes to the Original Pur-
chaser at the price of par on the date of Clos-
ing. 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 Series Resolution.
Section 6.2. Approval of Agreement. The
Agreement in substantially the form presented
at this meeting of the Council is hereby author-
ized 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 be-
ing 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, agreements, certifi-
cates and instruments relating to the Series
2019 Notes, the investment of the proceeds
thereof and the other transactions contemplat-
ed on the part of the City by this Series Reso-
lution, 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
61 Regular Session February 18, 2019 Book 149
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 unenforcea-
ble for any reason, the invalidity or unenforce-
ability of such section, paragraph or provision
shall not affect any of the remaining provi-
sions.
Section 6.6. Repeal of Conflicting Ordi-
nances 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.
Section 6.7 Reimbursement. This Resolu-
tion shall serve as a declaration of official in-
tent under Treasury Regulation 1.150-2 and
shall be maintained on file as a public record
of such intent. It is reasonably expected that
general and or sewer fund moneys may be
advanced from time to time for capital expendi-
tures which are to be paid from the proceeds
of the above Notes. The amounts so advanced
shall be reimbursed from the proceeds of the
Notes not later than eighteen months after the
initial payment of the capital expenditures or
eighteen months after the property is placed in
service, said project completion estimated to
be approximately July 1, 2019. Such ad-
vancements shall not exceed the amount au-
thorized in this Resolution unless the same are
for preliminary expenditures or unless another
declaration of intention is adopted.
Passed, approved, and adopted this 18th
day of February 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
15. Purchase of Services Grant Agreement
- Operation New View Community Action
Agency: City Manager recommending approv-
al of a Purchase of Services Grant Agreement
with Operation New View Community Action
Agency for Fiscal Year 2019 for the Tenant-
Based Rental Assistance. Upon motion the
documents were received, filed and approved.
16. Urban Revitalization Area Tax Abate-
ment Applications: City Manager recommend-
ing approval of a Resolution approving proper-
ty tax abatement applications for 14 residential
properties in recognized Urban Revitalization
Areas, and authorizing transmittal to the City
Assessor for final review and determination of
the amount of property tax abatement. Upon
motion the documents were received and filed,
and Resolution No. 53-19 Approving Property
Tax Abatement Applications submitted by
property owners in recognized Urban Revitali-
zation Areas and authorizing the Transmittal of
the approved application to the City Tax As-
sessor was adopted.
RESOLUTION NO. 53-19
APPROVING PROPERTY TAX ABATEMENT
APPLICATIONS SUBMITTED BY PROPER-
TY OWNERS IN RECOGNIZED URBAN RE-
VITALIZATION AREAS AND AUTHORIZING
THE TRANSMITTAL OF THE APPROVED
APPLICATIONS TO THE CITY TAX ASSES-
SOR
Whereas, Chapter 404 of the Code of Io-
wa, the Urban Revitalization Act, permits cities
to abate property taxes for improvements
made to properties in designated revitalization
areas; and
Whereas, the Urban Revitalization Act re-
quires property owners to submit a written
application for abatement by February 1 of the
assessment year for which the abatement is
first claimed, and further requires the City
Council to approve all applications that meet
the requirements of the adopted Urban Revi-
talization Plan. Copies of the Urban Revitaliza-
tion applications are forwarded to the City As-
sessor for review by March 1 of each year; and
Whereas, pursuant to the requirements of
said Urban Revitalization Act, the following
Urban Revitalization Areas were established:
Upper Main, Jackson Park, Washington
Neighborhood, West 11th Street, Upper Main,
Cathedral, Old Main, and Kunkel & Associates,
Lange Estates; and
Whereas, the City of Dubuque, as of Feb-
ruary 1, 2018, received residential tax abate-
ment applications from the following property
owners in the aforementioned urban revitaliza-
tion districts eligible for 100% abatement for
the time period indicated:
District, Address, Property Owner, Type of
Property, Exemption Period
Cathedral, 166 Bluff St., Jeff Maternach, Resi-
dential, 10-year
Cathedral, 305 Jones St., Travis Nelson, Resi-
dential, 10-year
Cathedral, 56 Bluff St., John McAndrews, Res-
idential, 10-year
Jackson Park, 180 W. 15th St., Fifteen Street
Apt L.P., Multi-Family, 10-year
Old Main, 67 Main St., Jeff Burds, Commer-
cial, 3-year
Upper Main, 140 Loras Blvd, Jaeger & Jaeger
LLC, Multi-Family, 10-year
Upper Main, 1363 Iowa St., Jaeger & Jaeger
LLC, Multi-Family, 10-year
Washington, 244 E. 14th St., Lucas Renner,
Residential, 10-year
62 Regular Session February 18, 2019 Book 149
Washington, 1241 Jackson St., Craig Boeke,
Residential, 10-year
Washington, 1328 Jackson St., Brendan Dett-
mer, Residential, 10-year
Washington, 1710 Jackson St., Eric Allen,
Residential, 10-year
Washington, 2138 White St., Thomas McDer-
mott, Residential, 10-year
West 11th, 1145 Locust St., Stout LLC, Multi-
Family, 10-year
West 11th, 464 Loras Blvd, Jill Mulford, Resi-
dential, 10-year; and
Whereas, the Housing and Community
Development Department has reviewed the
above-described applications, verified inspec-
tions of the properties, and determined the
applications and the improvements conform to
all requirements of the City of Dubuque’s Ur-
ban Revitalization Plans.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the above-described tax
abatement applications meet the requirements
of the City of Dubuque’s Urban Revitalization
Plans.
Section 2. That the above-described tax
abatement applications are hereby approved
by the City Council, subject to the review and
approval of the City Assessor.
Section 3. That the City Clerk is hereby au-
thorized and directed to forward the above-
described tax abatement applications to the
City Assessor.
Passed, approved and adopted this 18th
day of February 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
17. Mathias Ham House Campus Restora-
tion Project Matching Funding Request: City
Manager recommending approval of a match-
ing funding request for the Iowa Great Places
grant received by the Dubuque County Histori-
cal Society for the Mathias Ham House Cam-
pus Restoration Project. Upon motion the doc-
uments were received, filed and approved.
18. Awarding the NW Arterial & Plaza
Drive Mastarm Replacement Project: City
Manager recommending that the contract
award for the Northwest Arterial & Plaza Drive
Mastarm Replacement Project to Voltmer, Inc.
be officially recorded in the minutes of the City
Council. Upon motion the documents were
received, filed and made a Matter of Record.
19. Platinum Holdings, LLC Property Tax
Appeal Dismissal: Senior Counsel submitting
information on the dismissal of a property tax
appeal brought by Platinum Holding, LLC for
property at 350 Bell Street. Upon motion the
documents were received and filed.
20. Dedication of Permanent Sanitary
Sewer and Underground Electric Easement -
Steeple Square / Jackson Street Alley: City
Manager recommending acceptance of the
Dedication of Permanent Sanitary Sewer and
Underground Electric Easement across Parts
of Lots 1, 2 and 3 of City Lot 493 and City Lot
484 and Adjacent Public Alley, in the City of
Dubuque, which is located in the block be-
tween Jackson, White, 15th and 16th Streets.
Upon motion the documents were received
and filed, and Resolution No. 54-19 Accepting
a Dedication of Permanent Sanitary Sewer
and Underground Electric Easement across
parts of Lots 1, 2 And 3 of City Lot 493 and
City Lot 484 and adjacent public alley, in the
City of Dubuque, Iowa was adopted.
RESOLUTION NO. 54-19
ACCEPTING A DEDICATION OF PERMA-
NENT SANITARY SEWER AND UNDER-
GROUND ELECTRIC EASEMENT ACROSS
PARTS OF LOTS 1, 2 AND 3 OF CITY LOT
493 AND CITY LOT 484 AND ADJACENT
PUBLIC ALLEY, IN THE CITY OF DUBU-
QUE, IOWA
Whereas, Opening Doors, Jackson Street
School, LLC, and SS Event Center LLC have
dedicated to the Public a Permanent Sanitary
Sewer and Underground Electric Easement
across Parts of Lots 1, 2 and 3 of City Lot 493
and City Lot 484 and Adjacent Public Alley, in
the City of Dubuque, Iowa, as shown of the
Plat of Sanitary Sewer and Underground Elec-
tric Easement as recorded in the Dubuque
County Recorder’s Office as document num-
ber 2019-00001429, a copy of which is at-
tached hereto.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of
Dubuque, Iowa, hereby approves of, accepts
and consents to the Dedication of Permanent
Sanitary Sewer and Underground Electric
Easement across Parts of Lot 2 and 3 of City
Lot 493 and City Lot 484 and Adjacent Public
Alley, in the City of Dubuque, Iowa, Iowa from
Opening Doors, Jackson Street School, LLC,
and SS Event Center LLC, as shown on the
Plat of Sanitary Sewer and Underground Elec-
tric Easement as recorded in the Dubuque
County Recorder’s Office as document num-
ber 2019-00001429, for the purposes of own-
ing and maintaining an existing public sanitary
sewer main and for future underground electric
utilities.
Section 2. The Mayor is hereby authorized
and directed to execute and acknowledge on
behalf of the City of Dubuque any instruments
in connection herewith.
63 Regular Session February 18, 2019 Book 149
Passed, approved and adopted this 18th
day of February 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
21. Letter to State Legislators Regarding
Legislative Property Tax Issues: City Manager
providing a copy of a letter to State Legislators
regarding legislative property tax issues. Upon
motion the document was received and filed.
22. Iowa Department of Transportation
(IDOT) Notification: Correspondence from the
Iowa Department Transportation notifying the
City of an HMA (Hot Mix Asphalt) Joint and
Crack Sealing project on US 52 from Iowa 32
to North John Deere Road during Calendar
Year 2019. Upon motion the document was
received and filed.
23. USDA Rural Utilities Services Notice of
Extension of Public Comment Period: Corre-
spondence from the USDA Rural Utilities Ser-
vices notifying the City of the extension of the
public comment period for Draft Environmental
Impact statement for proposed Cardinal-
Hickory Creek Transmission Line. Upon mo-
tion the document was received and filed.
24. Alcohol License Renewals: Alcohol Li-
cense Applications City Manager recommend-
ing approval of annual beer, liquor and wine
licenses as submitted. Upon motion the docu-
ments were received and filed, and Resolution
No. 55-19 Approving applications for beer,
liquor, and/or wine permits, as required by City
of Dubuque Code of Ordinances Title 4 Busi-
ness and License Regulations, Chapter 2 Liq-
uor Control, Article B Liquor, Beer and Wine
Licenses and Permits was adopted.
RESOLUTION NO. 55-19
APPROVING APPLICATIONS FOR BEER,
LIQUOR, AND/OR WINE PERMITS, AS RE-
QUIRED BY CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 4 BUSINESS AND LI-
CENSE REGULATIONS, CHAPTER 2 LIQ-
UOR CONTROL, ARTICLE B LIQUOR,
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 re-
quirements 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 author-
ized and directed to cause to be issued the
noted permit types to the following applicants
pending submission of the locally required
documentation:
Renewals
Convivium Urban Farmstead, 2811 Jackson
St., Class C Liquor (Outdoor) (Sunday)
Dollar General Store #10074, 2400 Gateway
Dr., Class C Beer, Class B Wine (Sunday)
Dollar General Store #6896, 605 W. Locust
St., Class C Beer, Class B Wine (Sunday)
Dollar General Store #7289, 3250 Kennedy
Cir. Ste. 9, Class C Beer, Class B Wine
(Sunday)
Hammerheads Bar & Billiards, 2095 Kerper
Blvd., Class C Liquor (Sunday)
Hy-Vee Market Cafe #3, 400 Locust St., Class
C Liquor (Catering) (Sunday)
Millwork Marketplace, 333 E. 10th St., Class C
Liquor, Class B Wine (Catering) (Outdoor)
(Sunday)
Northside Bar, Inc., 2776 Jackson St., Class C
Liquor (Outdoor) (Sunday)
Pusateri’s Restaurant, 2400 Central Ave.,
Class C Liquor (Sunday)
The Richards House B&B, 1492 Locust St.,
Class B Native Wine (Living Qtr.) (Sunday)
The Dungeon, 302 Locust St., Class C Liquor
(Sunday)
Town Clock Inn, 799 Main St., Class C Liquor
New
Port of Dubuque Marina, 450 E. 3rd St., Class
B Beer, Class B Native Wine (Outdoor)
(Sunday)
Yardarm - 8-Month License, 1201 Shiras Ave.,
Class C Liquor (Outdoor) (Sunday)
Passed, approved, and adopted this 18th
day of February 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
ITEMS SET FOR PUBLIC HEARING
1. Residential Parking Permit District H
Amendment - Norland Drive – Initiate: City
Manager recommending that the City Council
set a public hearing for March 4, 2019, on the
proposed amendment to Parking Permit Dis-
trict H to include both sides of Norland Drive
from Keymont Drive to Keystone Drive. Upon
motion the documents were received and filed,
and Resolution No. 56-19 Setting a public
hearing on amending Residential Parking
Permit District H to include both sides of Nor-
land Drive from Keymont to Keystone Drive
was adopted setting a public hearing for a
meeting to commence at 6:00 p.m. on March
4, 2019 in the Historic Federal Building.
RESOLUTION NO. 56-19
SETTING A PUBLIC HEARING ON AMEND-
ING RESIDENTIAL PARKING PERMIT DIS-
64 Regular Session February 18, 2019 Book 149
TRICT H TO INCLUDE BOTH SIDES OF
NORLAND DRIVE FROM KEYMONT DRIVE
TO KEYSTONE DRIVE
Whereas, the City of Dubuque, pursuant to
Ordinance 9-14-321.740 of the Code of Ordi-
nances, has received a petition containing
sufficient signatures requesting that the area
described as follows be included in Residential
Parking Permit District H:
Norland Drive from Keymont Drive to
Keystone Drive
Whereas, the City Manager, in accordance
with Ordinance 9-14-321.740 recommends
that Residential Parking Permit District H be
amended to include such areas and to modify
the day/time parking restrictions that the City
Council set a public hearing on the request to
amend Residential Parking Permit District H.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council finds and
determines that the request from petitioner is
valid for Norland Drive.
Section 2. That the City Clerk be author-
ized and directed to publish a notice of public
hearing on amending Residential Parking
Permit District H, to be held on March 4, 2019.
Passed, approved and adopted this 18th
day of February 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Residential Parking Permit District H
Amendment Sharon Drive – Initiate: City Man-
ager recommending that the City Council set a
public hearing for March 4, 2019, on the pro-
posed amendment to Parking Permit District H
to include both sides of Sharon Drive from
Pennsylvania Avenue to Key Corners. Upon
motion the documents were received and filed,
and Resolution No. 57-19 Setting a public
hearing on amending Residential Parking
Permit District H to include both sides of Sha-
ron Drive from Pennsylvania Avenue to Key
Corners was adopted setting a public hearing
for a meeting to commence at 6:00 p.m. on
March 4, 2019 in the Historic Federal Building.
RESOLUTION NO. 57-19
SETTING A PUBLIC HEARING ON AMEND-
ING RESIDENTIAL PARKING PERMIT DIS-
TRICT H TO INCLUDE BOTH SIDES OF
SHARON DRIVE FROM PENNSYLVANIA
AVENUE TO KEY CORNERS
Whereas, the City of Dubuque, pursuant to
Ordinance 9-14-321.740 of the Code of Ordi-
nances, has received a petition containing
sufficient signatures requesting that the area
described as follows be included in Residential
Parking Permit District H:
Sharon Drive from Pennsylvania
Avenue to Key Corners
Whereas, the City Manager, in accordance
with Ordinance 9-14-321.740 recommends
that Residential Parking Permit District H be
amended to include such areas and to modify
the day/time parking restrictions that the City
Council set a public hearing on the request to
amend Residential Parking Permit District H.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council finds and
determines that the request from petitioner is
valid for Sharon Drive.
Section 2. That the City Clerk be author-
ized and directed to publish a notice of public
hearing on amending Residential Parking
Permit District H, to be held on March 4, 2019.
Passed, approved and adopted this 18th
day of February 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. Marquette Place Sanitary Sewer and
Water Main Reconstruction Project – Initiate:
City Manager recommending initiation of the
public bidding procedure for the Marquette
Place Sanitary Sewer and Water Main Recon-
struction Project, and further recommends that
a public hearing be set for March 4, 2019. Up-
on motion the documents were received and
filed, and Resolution No. 58-19 Preliminary
approval of plans, specifications, form of con-
tract, and estimated cost; setting date of public
hearing on plans, specifications, form of con-
tract, and estimated cost and ordering the ad-
vertisement for bids was adopted setting a
public hearing for a meeting to commence at
6:00 p.m. on March 4, 2019 in the Historic
Federal Building.
RESOLUTION NO. 58-19
MARQUETTE PLACE SANITARY SEWER
AND WATER MAIN RECONSTRUCTION
PROJECT
PRELIMINARY APPROVAL OF PLANS,
SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST; SETTING DATE
OF PUBLIC HEARING ON PLANS, SPECI-
FICATIONS, 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, specifica-
tions, form of contract and estimated cost for
the Marquette Place Sanitary Sewer and Wa-
ter Main Reconstruction Project in the estimat-
ed amount of $312,178.90 are hereby prelimi-
narily approved and ordered filed in the office
of the City Clerk for public inspection.
Section 2. A public hearing will be held on
the 4th day of March 2019, at 6:00 p.m. in the
65 Regular Session February 18, 2019 Book 149
Historic Federal Building Council Chambers
(second floor) 350 W. 6th Street, Dubuque,
Iowa, at which time interested persons may
appear and be heard for or against the pro-
posed plans and specifications, form of con-
tract and estimated cost of said Project, and
the City Clerk be and is hereby directed to
cause the attached notice of the time and
place of such hearing to be published in a
newspaper having general circulation in the
City of Dubuque, Iowa, which notice shall be
published not less than four days nor more
than twenty days prior to the date of such
hearing. At the hearing, any interested person
may appear and file objections to the proposed
plans, specifications, form of contract, or esti-
mated cost of the Project.
Section 3. Marquette Place Sanitary Sewer
and Water Main Reconstruction Project is
hereby ordered to be advertised for bids for
construction.
Section 4. The amount of the security to
accompany each bid shall be in an amount
which shall conform to the provisions of the
Notice to Bidders hereby approved.
Section 5. The City Engineer is hereby di-
rected to advertise for bids for the construction
of the improvements herein provided, by pub-
lishing the attached Notice to Bidders to be
published in the Master Builders of Iowa Plan
Room, The Construction Update Network and
posted on the City of Dubuque website at
www.cityofdubuque.org/bids and which notice
shall be published not less than thirteen but
not more than forty-five days before the date
for filing bids before 2:00 p.m. on the 7th day
of March 2019. Bids shall be opened and read
by the City Clerk at said time and will be sub-
mitted to the City Council for final action at
6:00 p.m. on the 4th day of March 2019, in the
Historic Federal Building Council Chambers
(second floor), 350 West 6th Street, Dubuque,
Iowa.
Passed, adopted and approved this 18th
day of February 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
4. North Cascade Road Set Fair Market
Value: City Manager recommending that the
City Council set a public hearing for March 4,
2019 on the intent to commence a public im-
provement project and to establish Just Com-
pensation Valuation (Fair Market Value) of
necessary right-of-way property which the City
intends to acquire or condemn, if required, for
the North Cascade Road Reconstruction Pro-
ject. Upon motion the documents were re-
ceived and filed, and Resolution No. 59-19
Setting a public hearing on the intent to com-
mence a Public Improvement Project for the
North Cascade Road Reconstruction Project
and to acquire agricultural land for the Project
and to establish just Compensation Valuation
(Fair Market Value) of necessary right-of-way
property which the City intends to acquire or
condemn if required was adopted setting a
public hearing for a meeting to commence at
6:00 p.m. on March 4, 2019 in the Historic
Federal Building.
RESOLUTION NO. 59-19
SETTING A PUBLIC HEARING ON THE IN-
TENT TO COMMENCE A PUBLIC IM-
PROVEMENT PROJECT FOR THE NORTH
CASCADE ROAD RECONSTRUCTION
PROJECT AND TO ACQUIRE AGRICUL-
TURAL LAND FOR THE PROJECT AND TO
ESTABLISH JUST COMPENSATION VALU-
ATION (FAIR MARKET VALUE) OF NECES-
SARY RIGHT-OF-WAY PROPERTY WHICH
THE CITY INTENDS TO ACQUIRE OR CON-
DEMN IF REQUIRED
Whereas, Iowa Code § 6B.2A requires an
acquiring agency to provide written notice of a
public hearing to each owner of record of agri-
cultural land that may be the subject of con-
demnation; and
Whereas, the City Council finds that it may
be necessary to acquire or condemn in whole
or in part the following-described property for
the North Cascade Road Reconstruction Pro-
ject, between the bridge over Catfish Creek to
EdVal Lane:
Parcel 1. Lot 2 of Lot 1 of the South-
east Quarter of the Southwest Quarter of
Section 34, Township 89 North, Range 2
East of the 5th Principal Meridian in
Dubuque County, Iowa, according to the
United States Government Survey and
the recorded plats thereof subject to
highway and easements of record.
Parcel 2. Lot 2 of Lot 2 of Ohmert
Farm in Section 3, Township 88 North,
Range 2 East of the 5th Principal Meridi-
an in Table Mound Township, Dubuque
County, Iowa, according to the United
States Government Survey and the rec-
orded plats thereof subject to highway
and easements of record.
Parcel 5. Lot 1 of Valentine Place No.
3, Section 3, Township 88 North, Range
2 East of the 5th Principal Meridian, in
Dubuque County, Iowa, according to the
United States Government Survey and
the recorded plats thereof subject to
highway and easements of record.
Parcel 10. The Southeast Quarter of
the Southwest Quarter of the Southwest
Quarter of Section 34, Township 89
North, Range 2 East of the 5th Principal
Meridian, Dubuque County, Iowa, ac-
cording to the United States Government
Survey and the recorded plats thereof
subject to highway and easements of
record.
66 Regular Session February 18, 2019 Book 149
Parcel 11. Lot 1 of Lot 1 of the
Southeast Quarter of the Southwest
Quarter of Section 34, Township 89
North, North, Range 2 East of the 5th
Principal Meridian, Dubuque County, Io-
wa, according to the United States Gov-
ernment Survey and the recorded plats
thereof subject to highway and ease-
ments of record; and
Whereas, the owner of the Parcel 1 is
Howard & Sandra Arensdorf; and
Whereas, the owner of the Parcel 2 is
Howard & Sandra Arensdorf, and Jeff
Arensdorf; and
Whereas, the owner of the Parcel 5 is Gary
Valentine; and
Whereas, the owner of the Parcel 10 is
John Steger and Heyo Tjarks; and
Whereas, the owner of the Parcel 11 is
John Steger and Heyo Tjarks; and
Whereas, a public hearing should be set
on the City’s intent to commence a public im-
provement project for the North Cascade Road
Reconstruction Project and to acquire or con-
demn, if necessary, Parcels 1, 2, 5, 10 and 11;
and
Whereas, notice of the public hearing
should be published and mailed as required by
law to the owners of Parcels 1, 2, 5, 10 and
11.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
The City Engineer is hereby authorized
and directed to cause a notice in the form at-
tached hereto to be mailed to each of the
owners and published as prescribed by Iowa
Code § 6B.2A of a public hearing on the City's
intent to commence a public improvement pro-
ject for the North Cascade Road Reconstruc-
tion Project and to acquire or condemn in
whole or in part, if necessary, Parcels 1, 2, 5,
10 and 11, to be held on the 4th day of March,
2019, at 6:30 o'clock p.m. in the Historic Fed-
eral Building Council Chambers (second floor),
350 West 6th Street, Dubuque, Iowa.
Passed, approved and adopted this 18th
day of February 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. Water Distribution System Zone 2 Im-
provements: Roosevelt Street 1.25MG Elevat-
ed Water Tower Project: City Manager rec-
ommending that the City Council set March 4,
2019 as the public hearing for the Water Dis-
tribution System Pressure Zone 2 Improve-
ments: Roosevelt Street 1.25 MG Elevated
Water Tower Project, Contract A and Contract
B. Upon motion the documents were received
and filed, and Resolution No. 60-19 Prelimi-
nary approval of plans, specifications, form of
contract, and estimated cost; setting date of
public hearing on plans, specifications, form of
contract, and estimated cost; and ordering the
advertisement for bids was adopted setting a
public hearing for a meeting to commence at
6:00 p.m. on March 4, 2019 in the Historic
Federal Building.
RESOLUTION NO. 60-19
THE WATER DISTRIBUTION SYSTEM
PRESSURE ZONE 2: ROOSEVELT STREET
1.25 MG ELEVATED WATER TOWER PRO-
JECT CONTRACTS A AND B
PRELIMINARY APPROVAL OF PLANS,
SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST; SETTING DATE
OF PUBLIC HEARING ON PLANS, SPECI-
FICATIONS, 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, specifica-
tions, form of contract and estimated cost for
the Water Distribution System Pressure Zone
2 Improvements: Roosevelt Street 1.25 MG
Elevated Water Tower Project, identified as
Contract A: Roosevelt Street Water Tower and
Water Distribution Improvements in the esti-
mated amount of $2,900,000; and Contract B:
Eagle Point Water Treatment Plant and Water
Distribution Improvements, in the estimated
amount of $1,026,000, for a total combined
project amount of $3,926,000, are hereby pre-
liminarily approved and ordered filed in the
office of the City Clerk for public inspection.
Section 2. A public hearing will be held on
the 4th day of March, 2019 at 6:00 p.m. in the
Historic Federal Building Council Chambers
(second floor) 350 W. 6th Street, Dubuque,
Iowa, at which time interested persons may
appear and be heard for or against the pro-
posed plans and specifications, form of con-
tract and estimated cost of said Project, and
the City Clerk be and is hereby directed to
cause the attached notice of the time and
place of such hearing to be published in a
newspaper having general circulation in the
City of Dubuque, Iowa, which notice shall be
published not less than four days nor more
than twenty days prior to the date of such
hearing. At the hearing, any interested person
may appear and file objections to the proposed
plans, specifications, form of contract, or esti-
mated cost of the Project.
Section 3. Water Distribution System Pres-
sure Zone 2 Improvements: Roosevelt Street
1.25 MG Elevated Water Tower Project, identi-
fied as Contract A: Roosevelt Street Water
Tower and Water Distribution; and Contract B:
Eagle Point Water Treatment Plant and Water
Distribution Improvements is hereby ordered to
be advertised for bids for construction.
67 Regular Session February 18, 2019 Book 149
Section 4. The amount of the security to
accompany each bid shall be in an amount
which shall conform to the provisions of the
Notice to Bidders hereby approved.
Section 5. The City Engineer is hereby di-
rected to advertise for bids for the construction
of the improvements herein provided, by pub-
lishing the attached Notice to Bidders to be
published in a newspaper having general cir-
culation in the City of Dubuque, Iowa, which
notice shall be published not less than four but
not more than forty-five days before the date
for filing bids before 2:30 p.m. on the 21 st day
of March, 2019. Bids shall be opened and read
by the City Clerk at said time and will be sub-
mitted to the City Council for final action at
6:00 p.m. on the 1st day of April 2019, in the
Historic Federal Building Council Chambers
(second floor), 350 West 6th Street, Dubuque,
Iowa.
Passed, adopted and approved this 18th
day of February 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
6. Fiscal Year 2020 City of Dubuque Rec-
ommended Budget: City Manager recom-
mending that the City Council set a public
hearing for March 7, 2019, on the Fiscal Year
2020 City budget, operating and capital im-
provement program, for the City of Dubuque.
Upon motion the documents were received
and filed, and Resolution No. 61-19 Setting the
date for the public hearing on the Fiscal Year
2020 Budget as Amended for the City of
Dubuque; and Resolution No. 62-19 Setting
the date for the public hearing on the Five -
Year Capital Improvement Program for Fiscal
Year 202 through 2024 for the City of Dubuque
were adopted setting a public hearing for a
meeting to commence at 6:00 p.m. on March
7, 2019 in the Historic Federal Building.
RESOLUTION NO. 61-19
SETTING THE DATE FOR THE PUBLIC
HEARING ON THE FISCAL YEAR 2020
BUDGET AS AMENDED FOR THE CITY OF
DUBUQUE
Whereas, Iowa Code Section 384.16 pro-
vides that the City Council shall set a time and
place for a public hearing on the Fiscal Year
2020 budget before the final budget certifica-
tion date and shall publish notice before the
hearing as provided in Iowa Code Section
362.3.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council shall con-
duct a public hearing on the proposed Fiscal
Year 2020 budget as amended for the City of
Dubuque in the City Council Chambers at the
Historic Federal Building, 350 West 6th Street,
Dubuque, Iowa, on Thursday, March 7, 2019,
beginning at 6:00 p.m.
Section 2. That the City Clerk be and is
hereby authorized and directed to publish no-
tice of the public hearing, according to law,
together with the required budget information.
Passed, approved and adopted this 18th
day of February 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 62-19
SETTING THE DATE FOR THE PUBLIC
HEARING ON THE FIVE-YEAR CAPITAL
IMPROVEMENT PROGRAM FOR FISCAL
YEARS 2020 THROUGH 2024 FOR THE
CITY OF DUBUQUE
Whereas, a proposed Five-Year Capital
Improvement Program for the City of Dubuque
for Fiscal Years 2020 through 2024 has been
prepared and submitted to the City Council;
and
Whereas, the capital projects for the first
year of the program are included in the Fiscal
Year 2020 budget for the City of Dubuque; and
Whereas, it is deemed to be in the best in-
terest of the City of Dubuque to conduct a pub-
lic hearing and adopt the five-year Capital Im-
provement Program simultaneously with the
public hearing and adoption of the Fiscal Year
2020 budget for the City of Dubuque.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council shall con-
duct a public hearing on the five-year Capital
Improvement Program for Fiscal Years 2020
through 2024 in the City Council Chambers at
the Historic Federal Building, 350 West 6th
Street, Dubuque, Iowa, on Thursday, March 7,
2019, beginning at 6:00 p.m.
Section 2. That the City Clerk be and is
hereby authorized and directed to publish no-
tice of the public hearing.
Passed, approved and adopted this 18th
day of February 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
7. Greater Downtown Urban Renewal Dis-
trict - Resolution of Necessity: City Manager
recommending approval of a resolution that
authorizes and directs the City Manager to
prepare a proposed Amended and Restated
Urban Renewal Plan for the Greater Down-
town Urban Renewal District and sets a public
hearing on the proposed Amended and Re-
stated Urban Renewal Plan for March 18,
2019. Upon motion the documents were re-
ceived and filed, and Resolution No. 63-19
Authorizing and directing the City Manager to
prepare an Amended and Restated Urban
Renewal Plan for the Greater Downtown Ur-
68 Regular Session February 18, 2019 Book 149
ban Renewal District, and setting dates of
hearing and consultation on a proposed
Amended and Restated Urban Renewal Plan
for said District was adopted setting a public
hearing for a meeting to commence at 6:00
p.m. on March 18, 2019 in the Historic Federal
Building.
RESOLUTION NO. 63-19
AUTHORIZING AND DIRECTING THE CITY
MANAGER TO PREPARE AN AMENDED
AND RESTATED URBAN RENEWAL PLAN
FOR THE GREATER DOWNTOWN URBAN
RENEWAL DISTRICT, AND SETTING
DATES OF HEARING AND CONSULTATION
ON A PROPOSED AMENDED AND RE-
STATED URBAN RENEWAL PLAN FOR
SAID DISTRICT
Whereas, the City Council of the City of
Dubuque has heretofore approved the
Amended and Restated Urban Renewal Plan
(the “Plan” or “Urban Renewal Plan”) for the
Greater Downtown Urban Renewal District
(the “District”) in order to provide redevelop-
ment opportunities which will further the pur-
poses and objectives of the foregoing Urban
Renewal Plan; and
Whereas, City staff has recommended that
the Plan be amended to add additional project
details; and
Whereas, Chapter 403 of the Iowa Code
requires that before a Plan may be modified,
the City Council must follow the notification,
consultation, and public hearing process set
forth therein.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Manager is author-
ized and directed to prepare an Amended and
Restated Urban Renewal Plan for the Greater
Downtown Urban Renewal District to include in
such Plan any appropriate project activities
and details, and to determine an appropriate
date for and conduct the consultation process
required by law with affected taxing entities
concerning the proposed amendment.
Section 2. That the City Council hold a
public hearing on the adoption of the proposed
Amended and Restated Urban Renewal Plan
for the Greater Downtown Urban Renewal
District on March 18, 2019 at 6:00 p.m. in the
Historic Federal Building, 350 West 6th Street,
Dubuque, Iowa 52001. The notice of said
hearing shall generally identify the areas cov-
ered by the Plan and the general scope of the
urban renewal activities planned for such are-
as, and said notice shall be published in a
newspaper having general circulation within
the City not less than four days nor more than
twenty days before the date of said meeting. A
copy of the notice of public hearing shall be
sent by ordinary mail to the affected taxing
entities.
Section 3. That the City Clerk is further di-
rected to send by ordinary mail a copy of said
Plan, the notice of public hearing, a notice of
consultation, and, to the extent the Plan in-
cludes the use of tax increment revenues for a
public building, an analysis of alternative de-
velopment and funding options for such public
buildings, to the Dubuque Community School
District and the Dubuque County Board of Su-
pervisors, as the affected taxing entities.
Passed, approved and adopted this 18th
day of February 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
8. Voluntary Annexation: City Manager
recommending that the City Council set a pub-
lic hearing for March 18, 2019 on the 100%
voluntary annexation request filed by Michael
Portzen, SWAD, LLC for approximately 28.48
acres of property, concurrent with rezoning.
Upon motion the documents were received
and filed, and Resolution No. 64-19 Setting a
public hearing on an application for voluntary
annexation of territory to the City of Dubuque,
Iowa was adopted setting a public hearing for
a meeting to commence at 6:00 p.m. on March
18, 2019 in the Historic Federal Building.
RESOLUTION NO. 64-19
SETTING A PUBLIC HEARING ON AN AP-
PLICATION FOR VOLUNTARY ANNEXA-
TION OF TERRITORY TO THE CITY OF
DUBUQUE, IOWA
Whereas, the City Council of Dubuque has
received a written application from Michael
Portzen, SWAD, LLC for the voluntary annexa-
tion of 28.48 acres of property owned by Car-
olyn S. Haupert Trust, which is located south
of the Southwest Arterial, west of English Mill
Road and north of the English Ridge Subdivi-
sion as shown on Exhibit A and legally de-
scribed as:
The North ½ of the Northeast ¼ of the
Northwest ¼ of Section 5, Township 88
North, Range 2 East of the 5th P.M., in
Dubuque County, Iowa, Excepting: Lot
A of the North ½ of the Northeast ¼ of
the Northwest ¼ of Section 5, Town-
ship 88 North, Range 2 East of the 5th
P.M., County of Dubuque, State of Io-
wa, Also, Excepting: Lot B of the North
½ of the Northeast ¼ of the Northwest
¼ of Section 5, Township 88 North,
Range 2 East of the 5th P.M., County
of Dubuque, State of Iowa; and
Whereas, the annexation territory has di-
rect connection to the City of Dubuque, Iowa
Corporate Limits; and
Whereas, the annexation territory is not
subject to an existing annexation moratorium
69 Regular Session February 18, 2019 Book 149
agreement and does not include any State or
railroad property; and
Whereas, Chapter 368 of the Code of Iowa
authorizes this annexation by adoption of a
resolution and required notification; and
Whereas, the annexation territory is con-
sistent with the City’s Comprehensive Plan;
and
Whereas, the future growth and develop-
ment of the City of Dubuque, Iowa makes it
desirable that the annexation territory be made
part of the City of Dubuque, Iowa; and
Whereas, the City of Dubuque has the ca-
pacity to provide substantial municipal services
to the annexation territory; and
Whereas, the annexation is in the public in-
terest.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
A public hearing will be held on the 18th
day of March, 2019, at 6:00 p.m. in the Historic
Federal Building Council Chambers (second
floor), 350 West 6th Street, Dubuque, Iowa, at
which time interested persons may appear and
be heard for or against the proposed annexa-
tion, and the City Clerk be and is hereby di-
rected to cause the attached notice of the time
and place of such hearing to be published in a
newspaper having general circulation in the
City of Dubuque, Iowa, which notice shall be
published not less than fourteen days prior to
the date of such hearing.
Passed, approved and adopted this 18th
day of February 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
BOARDS/COMMISSIONS
Appointment was made to the following
board/commission.
1. Community Development Advisory
Commission: One, 3-Year term through Feb-
ruary 15, 2022 (Expiring term of Boles). Appli-
cant: Dean Boles, 1715 Geraldine Dr. Motion
by Jones to appoint Mr. Boles to the 3-year
term through February 15, 2022. Seconded by
Larson. Motion carried 7-0.
PUBLIC HEARINGS
1. Request to Rezone Property Located at
W. 32nd Street & North Grandview Avenue:
Proof of publication on notice of public hearing
to consider a request from Ehrlich Properties,
LLC to rezone property located at the corner of
W. 32nd St. and N. Grandview Ave. from R-1
Single Family Residential District to R-4 Multi-
Family Residential District, and the Zoning
Advisory Commission recommending approv-
al. 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 Larson. Assistant
Planner Wally Wernimont provide a staff re-
port. Motion carried 7-0.
Motion by Jones for final consideration and
passage of Ordinance No. 10-19 Amending
Title 16 of the City of Dubuque Code of Ordi-
nances, Unified Development Code, by reclas-
sifying hereinafter described property located
at southwest corner of W. 32nd Street and
North Grandview Avenue from R-1 Single-
Family Residential District to R-4 Multi-Family
Residential District. Seconded by Larson. Mo-
tion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 10-19
AMENDING TITLE 16 OF THE CITY OF
DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY RECLAS-
SIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED AT SOUTHWEST
CORNER OF W. 32ND STREET AND NORTH
GRANDVIEW AVENUE FROM R-1 SINGLE-
FAMILY RESIDENTIAL DISTRICT TO R-4
MULTI-FAMILY RESIDENTIAL 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 Devel-
opment Code, is hereby amended by reclassi-
fying the hereinafter described property from
R-1 Single-Family Residential District to R-4
Multi-Family Residential District, to wit:
Lot 37 North Grandview Estates No. 2,
and to the centerline of the adjoining
public right-of-way, all in the city of
Dubuque, Iowa.
Section 2. The foregoing amendment has
heretofore been reviewed by the Zoning Advi-
sory Commission of the City of Dubuque, Io-
wa.
Section 3. This ordinance shall take effect
immediately upon publication, as provided by
law.
Passed, approved, and adopted this 18th
day of February 2019.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 22nd day of February 2019.
/s/Kevin S. Firnstahl, City Clerk
2. 22nd Street/Kaufmann Ave. Storm Sewer
Improvement Project (White St. to Kleine St.):
Proof of publication on notice of public hearing
to consider approval of plans, specifications,
form of contract and estimated cost for the
22nd Street/Kaufmann Ave. Storm Sewer Im-
70 Regular Session February 18, 2019 Book 149
provement Project from White St. to Kleine St.,
and the City Manager recommending approv-
al. Motion by Resnick to receive and file the
documents and adopt Resolution No. 65-19
Approval of plans, specifications, form of con-
tract, and estimated cost for the 22nd
street/Kaufmann Avenue Storm Sewer Project
(White Street to Kleine Street). Seconded by
Larson. Motion carried 7-0.
RESOLUTION NO. 65-19
APPROVAL OF PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATED
COST FOR THE 22ND STREET/KAUFMANN
AVENUE STORM SEWER PROJECT
(WHITE STREET TO KLEINE STREET)
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
22nd Street/Kaufmann Avenue Storm Sewer
Project (White Street to Kleine Street), in the
estimated amount $7,529,802.00, are hereby
approved.
Passed, adopted and approved this 18th
day of February 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. Grand River Center Decorative Concrete
Repair Project: Proof of Publication on notice
of public hearing to consider approval of the
plans, specifications, form of contract and es-
timated cost for the Grand River Center Deco-
rative Concrete Repair Project, and the City
Manager recommending approval. Motion by
Larson to receive and file the documents and
adopt Resolution No. 66-19 Approval of plans,
specifications, form of contract, and estimated
cost for the Grand River Center - Decorative
Concrete Repair Project. Seconded by Res-
nick. Motion carried 7-0.
RESOLUTION NO. 66-19
APPROVAL OF PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATED
COST FOR THE GRAND RIVER CENTER -
DECORATIVE CONCRETE REPAIR PRO-
JECT
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
Grand River Center - Decorative Concrete
Repair Project, in the estimated amount
$100,000.00, are hereby approved.
Passed, adopted and approved this the
18th day of February 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
4. Upper Bee Branch Creek Railroad Cul-
verts Project Stormwater Management Utility
Revenue Capital Loan Notes (SRF) Program):
Proof of publication on notice of public hearing
to consider approval of the suggested pro-
ceedings for the public hearing on the issu-
ance of Stormwater Utility Revenue Capital
Loan Notes (State Revolving Loan Program)
prepared by Bond Counsel and to present a
resolution for City Council to adopt entitled
“Resolution Instituting Proceedings to Take
Additional Action for the Authorization of a
Loan and Disbursement Agreement and the
Issuance of Not to Exceed $18,000,000
Stormwater Management Utility Revenue Cap-
ital Loan Notes; and the City Manager recom-
mending approval. Motion by Resnick to re-
ceive and file the documents and adopt Reso-
lution No. 67-19 Instituting proceedings to take
additional action for the authorization of a Loan
and Disbursement Agreement and the issu-
ance of Not-to-Exceed $18,000,000 Storm-
water Management Utility Revenue Capital
Loan Notes. Seconded by Jones. Motion car-
ried 7-0.
RESOLUTION NO. 67-19
INSTITUTING PROCEEDINGS TO TAKE
ADDITIONAL ACTION FOR THE AUTHORI-
ZATION OF A LOAN AND DISBURSEMENT
AGREEMENT AND THE ISSUANCE OF NOT
TO EXCEED $18,000,000 STORMWATER
MANAGEMENT UTILITY REVENUE CAPI-
TAL LOAN NOTES
Whereas, pursuant to notice published as
required by law, the City Council has held a
public meeting and hearing upon the proposal
to institute proceedings for the authorization of
a Loan and Disbursement Agreement by and
between the City and the Iowa Finance Au-
thority, and the issuance to the Iowa Finance
Authority of not to exceed $18,000,000
Stormwater Management Utility Revenue Cap-
ital Loan Notes to evidence the obligations of
the City under said Loan and Disbursement
Agreement, for the purpose of paying costs of
acquisition, construction, reconstruction, ex-
tending, remodeling, improving, repairing and
equipping all or part of the Stormwater Man-
agement Utility, including land acquisition,
engineering and construction of the Upper Bee
Branch Creek Railroad Culverts Project, part
of Phase 7 of the Bee Branch Watershed
Flood Mitigation Project, also known as the
Upper Bee Branch Creek Restoration Project
and water restoration project costs related to
the Midtown Transfer and Catfish Creek Wa-
tershed Pervious Alley Construction Project,
and has considered the extent of objections
received from residents or property owners as
to said proposal, and no petition was filed call-
ing for a referendum thereon, and accordingly
the following action is now considered to be in
71 Regular Session February 18, 2019 Book 149
the best interests of the City and residents
thereof:
NOW, THEREFORE, BE IT RESOLVED
BY THE City Council OF THE City of Dubu-
que, STATE OF IOWA:
Section 1. That this Council does hereby
institute proceedings and takes additional ac-
tion for the authorization of a Loan and Dis-
bursement Agreement by and between the
City and the Iowa Finance Authority, and the
issuance to the Iowa Finance Authority in the
manner required by law of not to exceed
$18,000,000 Stormwater Management Utility
Revenue Capital Loan Notes for the foregoing
purposes.
Section 2. That this Council does hereby
consent to the terms and conditions of the
SRF Loan Program, which terms and condi-
tions and the disclosures provided with respect
thereto are hereby acknowledged, accepted
and approved.
Section 3. That the Clerk, with the assis-
tance of the City Attorney and bond counsel, is
hereby authorized and directed to proceed
with the preparation of such documents and
proceedings as shall be necessary to author-
ize the City's participation in the SRF Loan
Program, to select a suitable date for final
Council authorization of the required Loan and
Disbursement Agreement and issuance of the
Note to evidence the City's obligations there-
under, and to take such other actions as the
Clerk shall deem necessary to permit the
completion of a loan on a basis favorable to
the City and acceptable to this Council.
Section 4. This Resolution shall serve as a
declaration of official intent under Treasury
Regulation 1.150-2 and shall be maintained on
file as a public record of such intent. It is rea-
sonably expected that stormwater manage-
ment utility fund moneys may be advanced
from time to time for capital expenditures
which are to be paid from the proceeds of the
above loan agreement. The amounts so ad-
vanced shall be reimbursed from the proceeds
of the Loan Agreement not later than eighteen
months after the initial payment of the capital
expenditures or eighteen months after the
property is placed in service. Such advance-
ments shall not exceed the loan amount au-
thorized in this Resolution unless the same are
for preliminary expenditures or unless another
declaration of intention is adopted.
Passed, approved, and adopted this 18th
day of February 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
ACTION ITEMS
1. Five Flags Civic Center Quarterly Re-
port: The City Clerk announced that this item
will be rescheduled to a future meeting.
2. Awarding the Bee Branch Creek Resto-
ration Project Railroad Crossing Culvert Pro-
ject: City Manager recommending adoption of
the attached resolution awarding the construc-
tion contract for the Upper Bee Branch Creek
Railroad Culverts Project to Tricon General
Construction, Inc. and modifying the construc-
tion schedule of improvements associated with
the Bee Branch Watershed Flood Mitigation
Plan outlined herein. Motion by Jones to re-
ceive and file the documents and adopt Reso-
lution No. 68-19 Approving the construction
contract for the Upper Bee Branch Creek Rail-
road Culverts Project. Seconded by Resnick.
Motion carried 7-0.
RESOLUTION NO. 68-19
AUTHORIZING THE AWARD OF THE CON-
STRUCTION CONTRACT FOR THE UPPER
BEE BRANCH CREEK RAILROAD CUL-
VERTS PROJECT
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The construction contract for the
construction of certain public improvements
described in general as the Upper Bee Branch
Creek Railroad Culverts Project, as described
in detail in the plans and specifications hereto-
fore approved, is authorized to be awarded as
follows:
Contractor: Tricon General Construc-
tion, Inc. Amount of Bid:
$25,900,000.00
subject to the contractor providing the required
bond and evidence of insurance satisfactory to
the City Manager.
Passed, approved, and adopted this 18th
day of February 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. Request for Work Session - Inclusive
Dubuque Quarterly Report: City Manager re-
questing that the City Council schedule a work
session on Inclusive Dubuque for April 29,
2019 at 6:00 p.m., in the Council Chambers.
Motion by Jones to receive and file the docu-
ments and set the work session as recom-
mended. Seconded by Resnick. Council Mem-
ber Jones stated that he may have a schedul-
ing conflict but will attempt to make the work
session. Motion carried 7-0.
4. Request to Reschedule February 3,
2020 City Council Meeting: Correspondence
from Council Member Ric Jones request that
the City Council reschedule the February 3,
2020 City Council meeting to February 4, 2020
to avoid a conflict with the Iowa Caucuses.
Motion by Resnick to receive and file the doc-
uments and reschedule as recommended.
Seconded by Larson. Motion carried 7-0.
72 Special Session February 21, 2019 Book 149
5. Request to Develop Guidelines for Can-
celation of City Council Meetings Due to
Weather: Correspondence from Council Mem-
ber Luis Del Toro requesting a review of the
City Code guidelines and a staff recommenda-
tion for canceling City Council meetings due to
inclement weather. Restated motion by Res-
nick to receive and file the documents and
refer to the City Attorney. Seconded by Del
Tor. Motion carried 5-2 with Buol and Jones
voting nay.
There being no further business, upon mo-
tion the City Council adjourned at 7:17 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special
session at 6:00 p.m. February 21. 2019 in the
Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol, Council Members Del
Toro, Jones, Larson, Resnick, Rios; Shaw;
City Manager Michael Van Milligen.
Mayor Buol read the call and stated this is
a special session of the City Council called for
the purpose of discussing various City De-
partmental Fiscal Year 2020 budgets.
FISCAL YEAR 2020 DEPARTMENTAL
BUDGET REVIEW
Fiscal Year 2020 City departmental budg-
ets were presented by staff from the following
departments:
1. Purchase of Services: Mayor Buol called
for public input on the Purchase of Services
budget recommendation. Seeing none, he
moved on to the next item.
2. Five Flags Center: Marie Ware, Leisure
Services Manager
3. Grand River Center (Conference Cen-
ter): Marie Ware, Leisure Services Manager
4. Parks Division: Steve Fehsal, Parks Di-
vision Manager; and Marie Ware, Leisure Ser-
vices Manager
5. Recreation Division: Dan Kroger, Recre-
ation Manager
• AmeriCorps: Heather Slattery, Amer-
iCorps Program Director
• Multicultural Family Center: Jackie
Hunter, MFC Director
The City Council had discussion with the
presenters following their respective presenta-
tions. Following the Five Flags Civic Center
presentation, Council Member Larson re-
quested a poll of the Council in support of re-
moving the Locust Street Connector landscap-
ing budget request and favoring funding of th e
metal detectors/gates and wands at Five Flags
Center. Rios, Larson and Shaw supported.
Following public input in support of additional
security at the Center, Ms. Larson requested a
new poll with Rios, Larson and Shaw again in
support.
PUBLIC INPUT
Nino Erba, 1505 Fairview Pl., asked if
there was budget information specific to each
73 Special Session February 25, 2019 Book 149
73
area of the Five Flags redevelopment and
what changes in HVAC would be considered
related to the City’s carbon emissions reduc-
tion goal. Ms. Ware stated that a new facility
would include the most efficient HVAC equip-
ment that the budget could support. Mr. Erba
also asked about bigger park improvements
and the possibility of reducing pesticide usage
to zero.
McKenzie Blau, 1548 Pego Ct., Five Flags
Civic Center Commission member, spoke in
favor of walk-through metal detectors/gates at
Five Flags Center.
John Pregler, 1525 Pego Ct., and Long-
Range Planning Commission member, stated
that he felt the timeframe for a referendum for
Five Flags Center was too short, more infor-
mation was needed from the consultant and
that alternate funding sources should be ex-
plored further.
Jennifer Tigges, 4927 Wildflower, Cable
TV Commission and Parks Commission mem-
ber, and Friends of the Mines of Spain repre-
sentative, spoke in support of the EB Lyons
Interpretive Center improvement package.
Robin Kennicker, 2929 Elm St., Park and
Recreation Commission / Resilient Community
Advisory Commission member, asked about
an additional restroom facility for Schmitt Is-
land with the imminent Veteran’s Plaza devel-
opment and the current facility needing
maintenance.
Marlene Waller, MFC Board President,
thanked the Council and MFC staff for their
support and shared stories of the MFC.
Doug Stillings, 1255 Locust St., and MFC
Board Member, spoke in support of the MFC
recommended budget citing the Center’s con-
tributions to community workforce develop-
ment, recruitment, and retention.
There being no further business, upon mo-
tion the City Council adjourned at 9:23 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special
session at 6:00 p.m. February 25, 2019 in the
Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol, Council Members Del
Toro, Jones, Larson, Resnick, Rios; Shaw;
City Manager Michael Van Milligen.
Mayor Buol read the call and stated this is
a special session of the City Council called for
the purpose of discussing various City De-
partmental Fiscal Year 2020 budgets.
FISCAL YEAR 2020 DEPARTMENTAL
BUDGET REVIEW
Fiscal Year 2020 City departmental budg-
ets were presented by staff from the following
departments:
1. Emergency Management: Tom Berger,
Emergency Management Coordinator
2. Emergency Communications: Mark
Murphy, Emergency Communications Manag-
er
3. Police Department: Mark Dalsing, Police
Chief
4. Fire Department: Rick Steines, Fire
Chief
5. Building Services: Dave Johnson, Build-
ing Services Manager
The City Council had discussion with the
presenters following their respective presenta-
tions. Police Chief Mark Dalsing responded to
questions regarding the differences between
traffic and surveillance cameras with respect to
law enforcement purposes and personal priva-
cy. Mr. Dalsing also addressed the timing of
filling officer openings created when officers
are moved to School Resource Officer (SRO)
positions stating that replacement officers are
trained and employed first before the vacancy
is created when an officer moves to a SRO.
Fire Chief Rick Steines addressed the fu-
ture concept of a west-end fire station con-
struction and how data is being collected with
respect to informing the project.
Building Services Manager Dave Johnson
addressed the issue of requiring fire sprinkler
systems in residential construction stating that
it is being vetted and discussed with stake-
holders.
74 Special Session February 27, 2019 Book 149
PUBLIC INPUT
Following the Police Department presenta-
tion, Nino Erba, 1505 Fairview Pl., questioned
if the Police Department’s budget is being ex-
pended responsibly and referenced incidents
of police brutality in other cities. Following the
Fire Department presentation, Mr. Erba spoke
in support of increasing the Department’s
budget in preparation for a future, west-end
station.
There being no further business, upon mo-
tion the City Council adjourned at 8:38 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special
session at 6:00 p.m. on February 27, 2019 in
the Historic Federal Building, 350 W. 6th
Street.
Present: Mayor Buol, Council Members Del
Toro, Jones, Larson, Resnick, Rios; Shaw;
City Manager Michael Van Milligen.
Mayor Buol read the call and stated this is
a special session of the City Council called for
the purpose of discussing various City De-
partmental Fiscal Year 2020 budgets.
PUBLIC HEARINGS
Fiscal Year 2020 City departmental budg-
ets were presented by staff from the following
departments:
1. Water Department: Denise Blakeley-
Ihrig, Water Department Manager
2. Water & Resource Recovery Center:
Willie O’Brien, W&RRC Manager
3. Public Works Department: John
Klostermann, Public Works Director; and An-
derson Sainci, Resource Management Coordi-
nator
4. Engineering Department: Gust Psi-
hoyos, City Engineer; Deron Muehring, Civil
Engineer (Stormwater); Jon Dienst, Civil Engi-
neer (Street Construction); Bob Schiesl, Assis-
tant City Engineer (SW Arterial); Steve Brown,
Project Manager (Bee Branch Creek Restora-
tion Project); John Klosterman, Public Works
Director; and Willie O’Brien, W&RRC Manager
(Sustainability Projects).
The City Council had discussion with staff
following their respective presentations. Ms.
Blakeley-Ihrig reported on the replacement
procedures for the smart water meters that are
aging out. Responding to questions regarding
assistance with utility bills, City Manager Van
Milligen reported that the City contributes to a
general assistance fund through Dubuque
County. Mr. O’Brien and City Manager Van
Milligen reported on the generated revenue for
the City and cost savings to vendors on the
high-strength waste storage program at the
W&RRC as well as the proper disposal of
pharmaceuticals. Mr. Klostermann reported on
the blended maintenance work for parking
ramps and surface lots between Public Works,
Leisure Services and Transportation Services
Departments. Mr. Psihoyos reported on the
75 Regular Session March 4, 2019 Book 149
effect the Transfer of Jurisdiction with the
IDOT related to the SW Arterial will have on
the NW Arterial/IA 32 maintenance and inter-
section improvements.
Mayor Buol called for public input following
each presentation and reminded citizens that
the final budget hearing is scheduled for
Thursday, March 7, 2019 at 6:00 p.m. in the
Historic Federal Building.
There being no further business, upon mo-
tion the City Council adjourned at 9:22 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular
session at 6:00 p.m. on 4th day of March 2019
in 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
CONSENT ITEMS
Motion by Resnick to receive and file the
documents, adopt the resolutions, and dispose
of as indicated. Seconded by Del Toro. Motion
carried 7-0.
1. Minutes and Reports Submitted: City
Council proceeding of 2/11, 2/13, 2/18, 2/21,
2/25, 2/27; Civil Service Commission of
12/21/18, 2/12/19, Human Rights Commission
of 1/14; Park and Recreation Advisory Com-
mission of 2/12; Proof of Publication for City
Council Proceedings of 2/4, 2/7, 2/11, 2/13;
Proof of Publication for List of Claims and
Summary of Revenues for Month Ending 1/31.
Upon motion the documents were received
and filed.
2. Notice of Claims and Suits: Hope Eh-
linger for vehicle damage, Audrey Gottschalk
for vehicle damage, Zachary Hallman for vehi-
cle damage, Andrés Liza for property damage,
Kalyn Nowacki for vehicle damage, Conor
Shoellhorn for vehicle damage, Nicole and
Ricardo Woods for personal injury/vehicle
damage. Upon motion the documents were
received, filed, and referred to the City Attor-
ney.
3. Disposition of Claims: City Attorney ad-
vising that the following claims have been re-
ferred to Public Entity Risk Services of Iowa,
the agent for the Iowa Communities Assurance
Pool: Audrey Gottschalk for vehicle damage,
Andrés Leza for property damage, Kalyn
Nowacki for vehicle damage, Conor Shoell-
horn for vehicle damage, Nicole and Ricardo
Woods for personal injury/vehicle damage.
76 Regular Session March 4, 2019 Book 149
Upon motion the documents were received,
filed, and concurred.
4. Approval of City Expenditures: City
Manager recommending Council approval for
payment of City expenditures. Upon motion
the documents were received and filed, and
Resolution No. 69-19 Authorizing the Finance
Director-City Treasurer to make certain pay-
ments of bills that must be paid and approved
for payment in accordance with City proce-
dures was adopted.
RESOLUTION NO. 69-19
AUTHORIZING THE FINANCE DIRECTOR-
CITY TREASURER TO MAKE CERTAIN
PAYMENTS OF BILLS THAT MUST BE PAID
AND APPROVED FOR PAYMENT IN AC-
CORDANCE 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 req-
uisitioned for a lawful municipal purpose; and
Whereas, the Finance Director-City Treas-
urer 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 pay-
ment 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 requested
by designated requisitioning authorities in ac-
cordance with approved budget appropria-
tions.
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 March 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. Fiscal Year 2020 County Tax Increment
Financing (TIF) Report: City Manager transmit-
ting the Annual Tax Increment Financing (TIF)
Report that has been filed with Dubuque
County Auditor Denise Dolan. Upon motion the
documents were received and filed.
6. Certified Local Government (CLG) An-
nual Report: City Manager recommending
approval of the Calendar Year 2018 Certified
Local Government (CLG) Annual Report. Upon
motion the documents were received, filed and
approved.
7. Land and Water Conservation Fund
(LWCF) Grant Application for the Bee Branch
Creek Trail Connector: City Manager recom-
mending approval of an application to the Iowa
Department of Natural Resources for a Land
and Water Conservation Fund (LWCF) Grant
to complete the Bee Branch Creek Trail Con-
nector. Upon motion the documents were re-
ceived and filed, and Resolution No. 70-19
Authorizing Land and Water Conservation
Fund (LWCF) Grant application to Iowa De-
partment of Natural Resources for Bee Branch
Creek Trail Connector was adopted.
RESOLUTION NO. 70-19
AUTHORIZING LAND AND WATER CON-
SERVATION FUND (LWCF) GRANT APPLI-
CATION TO IOWA DEPARTMENT OF NAT-
URAL RESOURCES FOR BEE BRANCH
CREEK TRAIL CONNECTOR
Whereas, the Iowa Department of Natural
Resources administers the Land and Water
Conservation Fund Grant Program for the de-
velopment of outdoor recreational facilities;
and
Whereas, the City of Dubuque has adopted
the 2017 Comprehensive Plan that includes
goals for development of bike/hike trails; and
Whereas, the City of Dubuque has adopted
the 2008 Tri-State Trail Plan that includes the
Bee Branch Creek Trail as a High Priority pro-
ject.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Mayor hereby is authorized
to sign and the Planning Services Manager is
hereby authorized to submit an application to
the Iowa Department of Natural Resources for
Land and Water Conservation Fund (LWCF)
Grant funds for the Bee Branch Creek Trail
Connector.
Section 2. That in the event said applica-
tion is approved, the City Council hereby pro-
77 Regular Session March 4, 2019 Book 149
vides its written assurance that the completed
project will be adequately maintained for its
intended use in accordance with state re-
quirements.
Passed, approved and adopted this 4th day
of March 2019.
Roy D, Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
8. Community Attractions and Tourism
(CAT) Grant Agreement for Miracle League:
City Manager transmitting the award of a
(CAT) grant and requesting approval of the
resolution and the Grant Agreement for the
Community Attractions and Tourism (CAT)
grant to Enhance Iowa for the Miracle League
of Dubuque Baseball Field and All-Inclusive
Playground Project. Upon motion the docu-
ments were received and filed, and Resolution
No. 71-19 Authorizing (CAT) Grant Agreement
with Enhance Iowa for the Miracle League of
Dubuque Baseball Field and All-Inclusive
Playground Project was adopted.
RESOLUTION NO. 71-19
AUTHORIZING COMMUNITY ATTRAC-
TIONS AND TOURISM (CAT) GRANT
AGREEMENT WITH ENHANCE IOWA FOR
THE MIRACLE LEAGUE OF DUBUQUE
BASEBALL FIELD AND ALL-INCLUSIVE
PLAYGROUND PROJECT
Whereas, Enhance Iowa has allocated
Community Attraction and Tourism (CAT) Pro-
gram grant funds for projects that help position
our community to take advantage of economic
development opportunities in tourism and
strengthen a community’s competitiveness as
a place to work and live; and
Whereas this Project allows individuals
with special needs to participate in organized
recreational programs and activities just like
their brothers, sisters, families and friends.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Mayor is hereby authoriz ed
to execute and deliver the CAT grant agree-
ment in the amount of $500,000 along with our
partner Miracle League of Dubuque for the
Miracle League Baseball Field and All-
Inclusive Playground Project along with such
other documents as the Enhance Iowa Board
of Directors or the Enhance Iowa Board’s legal
counsel may reasonably request.
Passed, approved and adopted this 4th day
of March 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
9. Awarding the 2019 Grand River Center
Decorative Concrete Repair Project: City Man-
ager recommending award of the construction
contract for the 2019 Grand River Center Dec-
orative Concrete Repair Project to the low bid-
der D&D Concrete, Inc. Upon motion the doc-
uments were received and filed, and Resolu-
tion No. 72-19 Awarding public improvement
project for the Grand River Center - Decorative
Concrete Repair Project was adopted.
RESOLUTION NO. 72-19
AWARDING PUBLIC IMPROVEMENT CON-
TRACT FOR THE GRAND RIVER CENTER -
DECORATIVE CONCRETE REPAIR PRO-
JECT
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Whereas, sealed proposals have been
submitted by contractors for the Grand River
Center - Decorative Concrete Repair Project,
(the Project) pursuant to Resolution No. 66-19
and Notice to Bidders published on the City of
Dubuque, Iowa website and plan room service
with statewide circulation on the 8th day of
February 2019.
Whereas, said sealed proposals were
opened and read on the 21st day of February
2019 and it has been determined that D&D
Concrete, Inc. of Dubuque, IA with a bid in the
amount of $77,048.00 is the lowest respon-
sive, 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 D&D Concrete,
Inc. and the City Manager is hereby directed to
execute a Public Improvement Contract on
behalf of the City of Dubuque for the Project.
Passed, adopted and approved this 4th day
of March 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
10. Design Mill, Inc. Third Amendment to
Iowa Values Funds Financial Assistance Con-
tract: City Manager recommending approval of
a resolution authorizing the Third Contract
Amendment to the Iowa Values Funds Finan-
cial Assistance Contract by and among the
Iowa Economic Development Authority, De-
sign Mill, Inc., and the City of Dubuque. Upon
motion the documents were received and filed,
and Resolution No. 73-19 Approving a Third
Amendment to the Economic Development
Financial Assistance Contact by and among
Design Mill, Inc., the City of Dubuque and the
Iowa Department of Economic Development
was adopted.
RESOLUTION NO. 73-19
APPROVING A THIRD AMENDMENT TO
THE ECONOMIC DEVELOPMENT FINAN-
CIAL ASSISTANCE CONTRACT BY AND
AMONG DESIGN MILL, INC., THE CITY OF
78 Regular Session March 4, 2019 Book 149
DUBUQUE, AND THE IOWA DEPARTMENT
OF ECONOMIC DEVELOPMENT
Whereas, Design Mill, Inc. (DMI) and the
City of Dubuque (City) entered into an Eco-
nomic Development Financial Assistance Con-
tract (the Contract) with the Iowa Economic
Development Authority (IEDA) for the expan-
sion of Design Mill, Inc.’s (DMI) operations in
Dubuque, Iowa; and
Whereas, DMI requested an extension of
the Project Completion Date in the Contract
from June 30, 2016 to June 30, 2017 in a First
Amendment; and
Whereas, DMI requested an extension of
the Project Completion Date in the Contract
from June 30, 2017 to June 30, 2018 in a Sec-
ond Amendment; and
Whereas, DMI is now requesting a third ex-
tension of the Project Completion Date in the
Contract from June 30, 2018 to June 30, 2019
and an adjustment of the Maintenance Period
Completion Date from June 30, 2020 to June
30, 2021, as set forth in the attached Contract
Amendment; and
Whereas, the IEDA Board has approved
the extension of the Project Completion Date
to June 30, 2019 and the maintenance Period
Completion Date from June 30, 2020 to June
30, 2021; and
Whereas, the parties now desire to amend
the Contract as set forth in the attached Con-
tract Amendment.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Contract Amendment is
hereby approved.
Section 2. The Mayor is hereby authorized
and directed to execute, and the City Manager
is hereby directed to submit the Contract
Amendment to the Iowa Economic Develop-
ment Authority together with such other docu-
ments as may be required.
Passed, approved, and adopted this 4th
day of March 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
11. Acceptance of the 30th Street to Leibe
Street Sanitary Sewer Reconstruction Project:
City Manager recommending acceptance of
the construction contract for the 30th Street to
Leibe Street Sanitary Sewer Reconstruction
Project, as completed by Temperley Excavat-
ing, Inc. Upon motion the documents were
received and filed, and Resolution No. 74-19
Accepting the 30th Street and Leibe Street
Sanitary Sewer Reconstruction Project and
authorizing the payment to the contractor was
adopted.
RESOLUTION NO. 74-19
ACCEPTING THE 30th STREET AND LEIBE
STREET SANITARY SEWER RECON-
STRUCTION PROJECT AND AUTHORIZING
THE PAYMENT TO THE CONTRACTOR
Whereas, the public improvement contract
for the 30th Street to Leibe Street Sanitary
Sewer Reconstruction Project (the Project) has
been completed by the Contractor, Temperley
Excavating, Inc. (Contractor), the City Engi-
neer has examined the work and recommends
that the Project be accepted; and
Whereas, the final contract amount for the
Project is $91,405.02; and
Whereas, the Contractor has previously
been paid $86,834.77, leaving a balance of
$4,570.25; and
Whereas, the City Council finds that the
recommendation of the City Engineer should
be accepted.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City
Engineer is approved, and the Project is here-
by accepted.
Section 2. The Finance Director is hereby
directed to pay to the Contractor the balance
of the retainage of $4,570.25 as provided in
Iowa Code chapter 573, and to pay such re-
tainage in accordance with the provisions of
Iowa Code chapter 573 or Iowa Code chapter
26.13.
Passed, approved and adopted this 4th day
of March 2019.
Roy Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL
COMPLETION OF THE 30th STREET AND
LEIBE STREET SANITARY SEWER RE-
CONSTRUCTION PROJECT
The undersigned City Engineer of the City
of Dubuque, Iowa, hereby certifies that he has
inspected the 30th Street to Leibe Street Sani-
tary Sewer Reconstruction Project has been
performed in compliance with the terms of the
Public Improvement Contract, and that the
total cost of the completed work is
$115,132.82.
Dated this 27th day of February 2019.
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 27 th
day of February 2019.
/s/Kevin S. Firnstahl, City Clerk
12. Civil Service Commission - Certified
Lists: Civil Service Commission submitting the
Certified Lists for the positions of Lead Me-
chanic and GIS Applications Specialist. Upon
motion the documents were received, filed,
and made a Matter of Record.
79 Regular Session March 4, 2019 Book 149
February 12, 2019
Honorable Mayor and Members of the City
Council
In accordance with Chapter 400 of the
Code of Iowa, a promotional examination for
the position of Lead Mechanic was adminis-
tered on January 17, 2019. We hereby certify
that the individual listed below has passed this
written examination and the vacancy for this
position should be filled from this list and that
this list is good for two (2) years from above
date.
Lead Mechanic
1. Matt Herman
Eligible Employee
1. Darren Steil
Respectfully submitted,
/s/Dan White
Dan White, Chairman
Civil Service Commission
February 12, 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 GIS Applications Specialist was adminis-
tered via “take-home” exam. We hereby certify
that the individuals listed below have passed
this “take-home” examination and the vacancy
for this position should be filled from this list
and that this list is good for one (1) year from
above date.
GIS Applications Specialist
1. Jacob Ironside, 2. Caleb Scheidel, 3. Lau-
rana Snyder, 4. Justin Licht, 5. Kenny Rodri-
guez-Garcia
Respectfully submitted,
/s/Dan White
Civil Service Commission
13. Grass/Weed Cutting and Garbage Col-
lection Assessments - Housing Department:
City Manager recommending that the City
Council adopt a resolution authorizing the City
Clerk to certify grass and weed cutting and
garbage collection charges to the Dubuque
County Treasurer in order to establish real
property liens for collection of such charges.
Upon motion the documents were received
and filed, and Resolution No. 75-19 Authoriz-
ing the City to collect delinquent grass and
weed cutting and garbage collection charges
in accordance with Title 6-4-3A and Title 6-8-2
of the Code of Ordinances of the City of Dubu-
que, Iowa was adopted.
RESOLUTION NO. 75-19
AUTHORIZING THE CITY TO COLLECT DE-
LINQUENT GRASS AND WEED CUTTING
AND GARBAGE COLLECTION CHARGES
IN ACCORDANCE WITH TITLE 6-4-3A AND
TITLE 6-8-2 OF THE CODE OF ORDINANC-
ES 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 welfare 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 grass and weed cut-
ting and 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:
Section I. That the persons listed on the at-
tached Grass/Weed/Garbage Assessment
Schedule are delinquent in the payment of
grass and weed cutting and garbage collection
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
Grass/Weed/Garbage Assessment Schedule
are delinquent in the payment of grass and
weed cutting and garbage collection charges
in the amount set aside of the respective
names, and that said amounts shall be collect-
ed in the same manner as general property
taxes against the respective parcels of proper-
ty set opposite the names of the owners.
Passed, approved and adopted this 4th day
of March 2019.
Roy D Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Schedule of Assessments
Delinquent Grass and Weed Cutting and
Garbage Collection Charges
Location/Owner/Parcel #/Amount/Category
1659 Iowa; S 57'- N 107'- E 1/2 of City Lot
746 1659-1677 Iowa; Engelken, Thomas A
2022 Camelot Dr., Allen TX. 75013;
1024264003; $246.00; grass, weeds and gar-
bage
1555 Main; N 51.2'-S 147'11"-S 204'8" of
City Lot 471; Yankee 3, LLC 1800 Washington
St. Dubuque IA. 52001; 1024401004; $137.00;
grass
1360 Dell; LOT 2-810 A McDaniel’s Sub;
Paul, Jacob R. 1825 74th Place Kenosha, WI
53143; 1024340003; $137.00; grass
1906 Ellis; N 1/2 of Lot 44 Cox’s Add.;
Jasro, LLC 7346 Morman Trek Blvd. Ste.
80 Regular Session March 4, 2019 Book 149
2000, Iowa City, IA. 52246; 1024180012;
$124.00; garbage
702 Caledonia; S 1/2 Lot 1-1-39 Kelly's
Sub; Federal Home Loan Mortgage Corpora-
tion 5000 Plano Pkwy Carrollton, TX. 75010;
1025133024; $289.00; grass
925 Nevada; Lot 2 Schiltz’ Sub; Zodiac
Properties LLC 3060 Pennsylvania Ave.,
Dubuque, IA. 52001; 1026229013; $115.00;
garbage
696 University; W 18' Lot 9, & E 29'1 of Lot
9 Kelly's Sub.; Hoskins, Darriel 696 University
Ave., Dubuque, IA. 52001; 1025129043;
$115.00; grass
1289 W 5th Lot 2-A-11 & Lot 2-B-12 Both
S.M. Lang’s Add; McCue, Rebecca L. 1289 W
5th St., Dubuque, IA 52001; 1026236008;
$85.00; grass
1326 Elm; S 1/2 Lot 195 East Dubuque
Add; Taking Care of Business LLC 9120 Long-
tail Ln., Dubuque, IA. 52003; 1024432010;
$81.00; garbage
909 Rhomberg; NE 1/2-Lot 17 & Lot 2-1-18
Hooper's Add; Laird Properties, Ltd 3960 Ce-
dar Heights Ct. Dubuque IA. 52002;
1013477015; $81.00; grass
640 Alta Vista; Lot 38 Oxford Hgts. Lot 2-
39 & Lot 2-36 Oxford Hgts.; Engelken, Thomas
A 2022 Camelot Dr., Allen TX. 75013;
1025107013; $194.00; grass, weeds and gar-
bage
1494 Jackson; S 20.6' Lot 1-1-47 East
Dubuque Add; Paradox Properties LLC 8282
Turkey Valley Ln. Dubuque IA. 52003;
1024426002; $95.00; garbage
1478 Jackson; Lot 2-47 & Lot 1-N 1/2 of 48
Both in East Dubuque Add; McMahon Real Est
Rentals, LLC 2380 Samantha Dr., Dubuque,
IA. 52002; 1024426003; $109.00; garbage
1458 Jackson; N 1/2 Lot 49 East Dubuque
Add; Mk Properties LLC 8505 Southern Hills
Ct., Dubuque, IA. 52003; 1024426007;
$218.00; garbage
704 Caledonia; N 1/2 of Lot 1 of 1 Of 39 In
Kelly Sub; Lincoln, Aaron J. 3908 Flat Rock
Ct., Van Buren, AR. 72956; 1025133023;
$166.00; grass
621 E 24th; Lot 2-1 & 2-2 Windsor Ave.
Sub; Scharff Holdings LLC 1846 E Quarry Rd.,
Cuba City, WI. 53807; 1013453028; $81.00;
grass
2240 Hoyt; Lot 1-3 Pfohl’s Sub; Schulte,
Timothy E. 2240 Hoyt St., Dubuque, IA.
52001; 1023327001; $109.00; grass
1001 Garfield; E 93.5' of Lot 5 McCraney's
2nd Add; Mayne, Christopher J 591 Almond
St., Dubuque, IA. 52001; 1118351016;
$375.00; grass
725 Roberts; Lot 37 Wilsons Sub; Laird,
Brian M. 725 Roberts, Dubuque, IA. 52001;
1025109058; $109.00; grass
1262 Cleveland; Lot 79 Union Add; Home
Dream, LLC 3060 Pennsylvania Ave., Dubu-
que, IA. 52001; 1025361014; $75.00; grass
597 Jefferson; S 80' Lot 22 & S 80' - W
10'6" Lot 23 Farley’s Sub 619-621 Jefferson;
Zodiac Properties, LLC 3060 Pennsylvania
Ave., Dubuque, IA. 52001; 1024386007;
$85.00; grass
1225 N Booth; Lot 2-1 Trenk’s Booth St.
Pl.; Fries, Thomas A 1225 N. Booth St., Dubu-
que, IA. 52001; 1023483017; $115.00; grass
1395 Walnut; E 75' of Lot 3 of City Lot 740;
Kramerica Properties, LLC 485 Locust St.,
Dubuque, IA. 52001; 1024354005; $115.00;
grass
374 Kaufmann; Lot 4-138, 4-140, 4-142, L
H Langworthy's Add.; Secretary of Housing &
Urban Development 2401 NW 23rd. St. Ste. 1D
Shepherd Mall Office Complex Oklahoma City,
OK. 73107-2420; 1024106005; $365.00; grass
2042 Chaney; S 50' of Lot 81 Hillcrest Sub
#2; Freedom Properties II, LLC 973 Richards
Rd. Dubuque IA. 52003; 1022405013; $55.00;
grass
643 Chestnut; Lot 2 McDaniel's Sub Plat 3;
HP Investments, LLC 8505 Southern Hills Ct.,
Dubuque IA. 52003; 1024378033; $275.00;
grass
945 Bluff; Lot 11 – E. 1/2 - City Lot 655 &
Lot 2-1A Lorimer Sub; Pottebaum, Ricky &
May, Liesl Dba R&L Construction 358 E. 16th
St., Dubuque, IA. 52001; 1024457023; $80.00;
grass
1954 Ellis; W 130' of Lot 48 Cox’s Add.;
Bartell, Karen PO Box 102 Bernard, IA. 52032;
1024180008; $75.00; grass
2060 Fengler; E 1/2-Lot 8 Fengler's Add;
Frommelt, Heather 1210 Lincoln Ave., Dubu-
que IA. 52001; 1118310009; $100.00; grass
1702 Rhomberg; Holy Trinity Sub - Lot 1;
Regan, Kevin D 12588 Westmont Hts., Pe-
osta, IA. 52068; 1118178007; $125.00; gar-
bage
14. Vacant and Abandoned Buildings and
Problem Property Assessments: City Manager
recommending approval of a resolution author-
izing the City to certify problem property
charges to the Dubuque County Treasurer in
order to establish real property liens for collec-
tion of such charges. Upon motion the docu-
ments were received and filed, and Resolution
No. 76-19 Authorizing the City to collect delin-
quent problem property charges in accordance
with 14-GE 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. 76-19
AUTHORIZING THE CITY TO COLLECT DE-
LINQUENT PROBLEM PROPERTY CHARG-
ES IN ACCORDANCE WITH 14-1J1 INTER-
81 Regular Session March 4, 2019 Book 149
NATIONAL PROPERTY MAINTENANCE
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 un-
sanitary 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
Whereas, delinquent problem property
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:
Section I. That the persons listed on the at-
tached Problem Property Assessment Sched-
ule 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 Prob-
lem Property Assessment Schedule are delin-
quent in the payment of problem property
charges in the amount set aside of the respec-
tive 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 March 2019.
Roy D Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Schedule of Assessments
Delinquent Problem Property Charges Lo-
cation; Legal Description; Owner; Parcel #;
Amount; Category
1659 Iowa; S 57'- N 107'- E 1/2 of City Lot
746 1659-1677 Iowa; Engelken, Thomas A.
2022 Camelot Dr., Allen, TX.
75013;1024264003; $60.00; Repair broken
glass in door
15. Alternative Service Concepts (ASC)
Addendum to Workers' Compensation Claims
Administrative Services Agreement: City Man-
ager recommending approval of an Addendum
to the Agreement with Alternative Services
Concepts for services related to the admin-
istration of the City’s Worker’s Compensation
Program that extends the current Agreement
from March 1, 2019 to May 31, 2019. Upon
motion the documents were received, filed and
approved.
16. Amendment to the Collective Bargain-
ing Agreement between the City and Interna-
tional Union of Operating Engineers, Local
#234: City Manager recommending approval
of an Amendment to the Collective Bargaining
Agreement in effect from July 1, 2017 to June
30, 2022, between the City of Dubuque and
the International Union of Operating Engi-
neers, Local #234. Upon motion the docu-
ments were received and filed, and Resolution
No. 77-19 Approving the Amendment to the
collective Bargaining Agreement in effect from
July 1, 2017 to Jun 30, 2022, between the City
of Dubuque, Iowa, and the International Union
of Operating Engineers, Local #234 and au-
thorizing the Mayor to sign the Amendment
was adopted.
RESOLUTION NO. 77-19
APPROVING THE AMENDMENT TO THE
COLLECTIVE BARGAINING AGREEMENT
IN EFFECT FROM JULY 1, 2017 TO JUNE
30, 2022, BETWEEN THE CITY OF DUBU-
QUE, IOWA, AND THE INTERNATIONAL
UNION OF OPERATING ENGINEERS, LO-
CAL #234 AND AUTHORIZING THE MAYOR
TO SIGN THE AMENDMENT
Whereas, the Sixty-Fifth General Assembly
adopted the Public Employment Relations Act,
Chapter 20, Code of Iowa; and
Whereas, the City of Dubuque is public
employer within the meaning of Section 3 (10)
of the Public Employment Relations Act; and
Whereas, the International Union of Oper-
ating Engineers, Local #234 is an employee
organization within the meaning of Section 3
(4) of the Public Employment Relations Act;
and
Whereas, bargaining between the parties
has occurred and an Amendment to the
Agreement in effect from July 1, 2017 to June
30, 2022, has been concluded.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the terms of the Amend-
ment be approved, and the Mayor authorized
and directed to sign the Amendment to the
Collective Bargaining Agreement.
Passed, approved, and adopted this 4th
day of March, 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
17. Q Casino Request for Expenditure from
Depreciation and Improvement Fund: Dubu-
que Racing Association President and CEO
Jesús Avilés requesting City Council approval
to expend money from the Depreciation and
82 Regular Session March 4, 2019 Book 149
Improvement Fund (D&I) for grease receptors
serving the kitchens at Q Casino. Upon motion
the documents were received, filed and ap-
proved.
18. Urban Revitalization Multi-Family Value
Increase Requirements: City Manager recom-
mending approval of a resolution that ap-
proves a required 10% valuation increase for
multi-family properties to be eligible for tax
abatement under Iowa Code Chapter 404 Ur-
ban Revitalization. Upon motion the docu-
ments were received and filed, and Resolution
No. 78-19 Setting the required percent in-
crease in actual value for multi-residential as-
sessed property to qualify for urban revitaliza-
tion was adopted.
RESOLUTION NO. 78-19
SETTING THE REQUIRED PERCENT IN-
CREASE IN ACTUAL VALUE FOR MULTI-
RESIDENTIAL ASSESSED PROPERTY TO
QUALIFY FOR URBAN REVITALIZATION
Whereas, Chapter 404 of the Code of Io-
wa, the Urban Revitalization Act, permits cities
to abate property taxes for improvements
made to properties in designated revitalization
areas for properties assessed as residential,
multi-residential, agricultural, commercial, or
industrial property within the designated area
or a combination thereof; and
Whereas, pursuant to the requirements of
said Urban Revitalization Act, the following
Urban Revitalization Areas were established:
Upper Main, Jackson Park, Washington
Neighborhood, West 11th Street, Upper Main,
Cathedral, Old Main, and Kunkel & Associates,
Lange Estates; and
Whereas, multi-residential is a newer tax
classification; and
Whereas, Iowa Code §404.2 requires the
City specify the percent increase in actual val-
ue requirements which shall be used and
specify the application of revitalization’s ap-
plicability to the different property classifica-
tions within Urban Revitalization Areas; and
Whereas, the City has not previously
specified the percent increase in actual value
required for eligibility for urban revitalization for
multi-residential assessed property; and
Whereas, the City desires to set the per-
cent increase in actual value required to quali-
fy for urban revitalization for multi-residential
assessed property; and
Whereas, staff recommends a ten percent
(10%) increase in the actual value will be re-
quired for multi-residential assessed property
to qualify for urban revitalization.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The percent increase in actual
value required for property assessed as multi -
residential to qualify for urban revitalization is
ten percent (10%).
Passed, approved and adopted this 4th day
of March 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
19. Request for Proposals - Four Mounds
Park Ecological Restoration Project: City Man-
ager recommending approval of the Request
for Proposals for qualified consulting services
for Phase 1 Permitting and Implementation of
Ecological Restoration Plan and Interpretation
Plans for Four Mounds Park. Upon motion the
documents were received, filed and approved.
20. Dubuque County Historical Society
Funding Request to Johanna Favrot Fund: City
Manager recommending approval of a resolu-
tion authorizing the Dubuque County Historical
Society to apply for funding from the Johanna
Favrot Fund of the National Trust for Historic
Preservation for an Historic Structure Report
for the Mathias Ham House. Upon motion the
documents were received and filed, and Reso-
lution No. 79-19 Approving Johanna Favrot
Grant application to the National Trust of His-
toric Preservation for Historic Structure Report
of the Mathias Ham House was adopted.
RESOLUTION NO. 79-19
APPROVING JOHANNA FAVROT GRANT
APPLICATION TO THE NATIONAL TRUST
OF HISTORIC PRESERVATION FOR HIS-
TORIC STRUCTURE REPORT OF THE MA-
THIAS HAM HOUSE
Whereas, the National Trust for Historic
Preservation via the Johanna Favrot Fund
provides grant funding for projects that help to
preserve, conserve, interpret, enhance, and
educate the public about the nation’s historical
assets.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, THAT:
The Dubuque County Historical Society is
hereby authorized to submit the Johanna
Favrot Fund grant application to the National
Trust for Historic Preservation to conduct an
historic structure report for the Mathias Ham
House which is property owned by the City of
Dubuque.
Passed, approved and adopted this 4th day
of March 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
21. Additional Hours for Finance Part-Time
Confidential Account Clerks: City Manager
recommending approval of additional hours for
the two part-time Confidential Account Clerks
in the Finance Department. Upon motion the
documents were received, filed and approved.
83 Regular Session March 4, 2019 Book 149
22. Legislative Correspondence Regarding
Property Tax Rates: City Manager providing a
copy of a letter to State Legislators regarding
property tax rates. Upon motion the docu-
ments were received and filed.
23. Legislative Correspondence - HSB100
and SSB1141 Land Use and Zoning: City
Manager providing a copy of correspondence
sent to State Legislators expressing opposition
to State preemption of local land use and zon-
ing issues. Upon motion the documents were
received and filed.
24. Legislative Correspondence - HSB185
Net Metering on Solar Energy Systems: City
Manager providing a copy of correspondence
sent to State Legislators expressing opposition
to the elimination of many benefits and incen-
tives related to net metering on solar energy
systems. Upon motion the documents were
received and filed.
25. 2019 Federal Legislative Priorities: City
Manager recommending adoption of the City
of Dubuque 2019 Federal Legislative Priorities.
Upon motion the documents were received,
filed and approved.
26. Signed Contract(s): Dubuque Area La-
bor-Management Council Short-Term Lease in
the Historic Federal Building. Upon motion the
documents were received and filed.
27. 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. 80-19 Approving
applications for beer, liquor, and/or wine per-
mits, as required by City of Dubuque Code of
Ordinances Title 4 Business and License Reg-
ulations, Chapter 2 Liquor Control, Article B
Liquor, Beer and Wine Licenses and Permits
was adopted.
RESOLUTION NO. 80-19
APPROVING APPLICATIONS FOR BEER,
LIQUOR, AND/OR WINE PERMITS, AS RE-
QUIRED BY CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 4 BUSINESS AND LI-
CENSE REGULATIONS, CHAPTER 2 LIQ-
UOR CONTROL, ARTICLE B LIQUOR,
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 re-
quirements 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 author-
ized and directed to cause to be issued the
noted permit types to the following applicants
pending submission of the locally required
documentation:
Renewals
Dubuque Mining Co., 555 J.F Kennedy Rd.
#600, Class C Liquor (Outdoor) (Sunday)
Hartig Drug Company #8, 1600 University
Ave., Class E Liquor, Class B Wine, Class C
Beer (Sunday)
Hops & Rye, 1108 Locust St., Class C Liquor
(Outdoor) (Sunday)
The Clubhouse, 2364 Washington St., Class C
Liquor
New
Easy Street, 30 Main St., Class C Liquor (Out-
door) (Sunday)
Gold Standard Athletics, 555 J.F. Kennedy Rd.
#415, Class B Beer
Passed, approved, and adopted this 4th
day of March 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
ITEMS SET FOR PUBLIC HEARING
1. 2019 Decorative Concrete Maintenance
Project Initiate: City Manager recommending
initiation of the public bidding procedure for the
2019 Decorative Concrete Maintenance Pro-
ject, and further recommends that a public
hearing be set for March 18, 2019. Upon mo-
tion the documents were received and filed,
and Resolution No. 81-19 Preliminary approval
of plans, specifications, form of contract, and
estimated cots; setting date of public hearing
on plans, specifications, form of contract, and
estimated cost was adopted setting a public
hearing for a meeting to commence at 6:00
p.m. on March 18, 2019 in the Historic Federal
Building.
RESOLUTION NO. 81-19
2019 DECORATIVE CONCRETE MAINTE-
NANCE PROJECT
PRELIMINARY APPROVAL OF PLANS,
SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST; SETTING DATE
OF PUBLIC HEARING ON PLANS, SPECI-
FICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The proposed plans, specifica-
tions, form of contract and estimated cost for
the 2019 Decorative Concrete Maintenance
84 Regular Session March 4, 2019 Book 149
Project in the estimated amount $165,000.00,
are hereby preliminarily approved and ordered
filed in the office of the City Clerk for public
inspection.
Section 2. A public hearing will be held on
the 18th day of March, 2019, at 6:00 p.m. in the
Historic Federal Building Council Chambers
(second floor) 350 W. 6th Street, Dubuque,
Iowa, at which time interested persons may
appear and be heard for or against the pro-
posed plans and specifications, form of con-
tract and estimated cost of said Project, and
the City Clerk be and is hereby directed to
cause the attached notice of the time and
place of such hearing to be published in a
newspaper having general circulation in the
City of Dubuque, Iowa, which notice shall be
published not less than four days nor more
than twenty days prior to the date of such
hearing. At the hearing, any interested person
may appear and file objections to the proposed
plans, specifications, form of contract, or esti-
mated cost of the Project.
Section 3. The 2019 Decorative Concrete
Maintenance Project is hereby ordered to be
advertised for bids for construction.
Section 4. The amount of the security to
accompany each bid shall be in an amount
which shall conform to the provisions of the
Notice to Bidders hereby approved.
Section 5. The City Engineer is hereby di-
rected to advertise for bids for the construction
of the improvements herein provided, by pub-
lishing the attached Notice to Bidders to be
published in the Master Builders of Iowa Plan
Room, The Construction Update Network and
posted on the City of Dubuque website at
www.cityofdubuque.org/bids and which notice
shall be published not less than thirteen but
not more than forty-five days before the date
for filing bids before 2:00 p.m. on the 21 st day
of March, 2019. Bids shall be opened and read
by the City Clerk at said time and will be sub-
mitted to the City Council for final action at
6:00 p.m. on the 1st day of April 2019, in the
Historic Federal Building Council Chambers
(second floor), 350 West 6th Street, Dubuque,
Iowa.
Passed, adopted and approved this the 4th
day of March 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Seippel Road Water Main Relocation
Project Landfill Access Frontage Road Initiate:
City Manager recommending initiation of the
public bidding procedure for the Seippel Road
Water Main Relocation Project, and requests
the City Council grant preliminary approval of
the construction plans and specifications, and
establish March 18, 2019 as the date of the
public hearing. Upon motion the documents
were received and filed, and Resolution No.
82-19 Preliminary approval of plans, specifica-
tions, form of contract, and estimated cost;
setting date of public hearing on plans, specifi-
cations, form of contract, and estimated cost
was adopted setting a public hearing for a
meeting to commence at 6:00 p.m. on March
18, 2019 in the Historic Federal Building.
RESOLUTION NO. 82-19
SEIPPEL ROAD WATER MAIN RELOCA-
TION PROJECT
PRELIMINARY APPROVAL OF PLANS,
SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST; SETTING DATE
OF PUBLIC HEARING ON PLANS, SPECI-
FICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The proposed plans, specifica-
tions, form of contract and estimated cost for
the Seippel Road Water Main Relocation Pro-
ject in the estimated amount $113,432.00, are
hereby preliminarily approved and ordered
filed in the office of the City Clerk for public
inspection.
Section 2. A public hearing will be held on
the 18th day of March, 2019, at 6:00 p.m. in the
Historic Federal Building Council Chambers
(second floor) 350 W. 6th Street, Dubuque,
Iowa, at which time interested persons may
appear and be heard for or against the pro-
posed plans and specifications, form of con-
tract and estimated cost of said Project, and
the City Clerk be and is hereby directed to
cause the attached notice of the time and
place of such hearing to be published in a
newspaper having general circulation in the
City of Dubuque, Iowa, which notice shall be
published not less than four days nor more
than twenty days prior to the date of such
hearing. At the hearing, any interested person
may appear and file objections to the proposed
plans, specifications, form of contract, or esti-
mated cost of the Project.
Section 3. The Seippel Road Water Main
Relocation Project is hereby ordered to be
advertised for bids for construction.
Section 4. The amount of the security to
accompany each bid shall be in an amount
which shall conform to the provisions of the
Notice to Bidders hereby approved.
Section 5. The City Engineer is hereby di-
rected to advertise for bids for the construction
of the improvements herein provided, by pub-
lishing the attached Notice to Bidders to be
published in the Master Builders of Iowa Plan
Room, The Construction Update Network and
posted on the City of Dubuque website at
www.cityofdubuque.org/bids and which notice
shall be published not less than thirteen but
not more than forty-five days before the date
85 Regular Session March 4, 2019 Book 149
for filing bids before 2:00 p.m. on the 21st day
of March, 2019. Bids shall be opened and read
by the City Clerk at said time and will be sub-
mitted to the City Council for final action at
6:00 p.m. on the 1st day of April 2019, in the
Historic Federal Building Council Chambers
(second floor), 350 West 6th Street, Dubuque,
Iowa.
Passed, adopted and approved this the 4th
day of March 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
BOARDS/COMMISSIONS
Applications were reviewed for the follow-
ing Boards and Commissions. Applicants were
invited to address the City Council regarding
their desire to serve on the following
Boards/Commissions.
1. Community Development Advisory
Commission: One, 3-Year term through Feb-
ruary 15, 2020 (Vacant term of James). Appli-
cant: Ellen Pinnola, 1420 Glen Oak St. Ms.
Pinnola spoke in support of her appointment
and provided a brief biography.
2. Long-Range Planning Advisory Com-
mission: One, 3-Year term through July 1,
2020 (Vacant term of James). One, 3-Year
term through July 1, 2021 (Vacant term of
Darter). Applicants: Michael Peroski, 1935
Coates St.; Tyler Stoffel, 960 Boyer St. Mr.
Peroski and Mr. Stoffel spoke in support of
their respective appointments and provided
brief biographies.
3. Mechanical and Plumbing Code Board:
One, 3-Year term through March 16, 22 (Expir-
ing term of Hillary). Applicant: Daniel Hillary,
3087 Arbor Oaks Dr.
PUBLIC HEARINGS
1. Residential Parking Permit District H
Amendment - Norland Drive: Proof of publica-
tion on notice of public hearing to consider
approval of an ordinance amending Parking
Permit District H to include both sides of Nor-
land Drive from Keymont Drive to Keystone
Drive with current day/time parking restrictions
being assumed for this addition, and the City
Manager recommending approval. Motion by
Larson to receive and file the documents and
that the requirement that a proposed ordi-
nance be considered and voted on for pas-
sage at two Council meetings prior to the
meeting at which it is to be passed be sus-
pended. Seconded by Jones. Patricia Meyer,
1860 Norland Dr.; Connie Klein, 1861 Norland
Dr.; and Ron Axtell, 1895 Norland Dr. spoke in
support of the amendment. Responding to
questions from City Council, City Engineer
Gus Psihoyos provide a history of the residen-
tial parking districts, how staff evaluated the
street, and the issues with student parking
from area schools adjacent to neighborhoods.
City Council suggested that staff have discus-
sion with Dubuque Community Schools to
partner for a solution. Motion carried 7-0.
Motion by Larson for final consideration
and passage of Ordinance No. 11-19 Amend-
ing City of Dubuque Code of Ordinances Title
9 Motor Vehicles and Traffic, Chapter 14 Park-
ing, Division 7 Residential Parking Permit Pro-
gram, Section 9-14-321.740 Residential Park-
ing Permit District H. Seconded by Shaw. Mo-
tion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 11-19
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 9 MOTOR VEHICLES
AND TRAFFIC, CHAPTER 14 PARKING,
DIVISION 7 RESIDENTIAL PARKING PER-
MIT PROGRAM, SECTION 9-14-321.740
RESIDENTIAL PARKING PERMIT DISTRICT
H
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 9-14-321.740 of the City
of Dubuque Code of Ordinance is hereby
amended to read as follows:
9-14-321.740: RESIDENTIAL PARKING
PERMIT DISTRICT H:
A. The following described area constitutes
a residential parking permit district designated
as residential parking permit district H:
Hansel Drive, between Keystone Drive and
Keymont Drive.
Keymont Drive from Key Way Drive to its
westerly terminus.
Phyllrich Drive from Keystone Drive to
Keymont Drive.
Vizaleea Drive from Pennsylvania Avenue to
Keystone Drive.
Keystone Drive from Phyllrich to its westerly
terminus.
Norland Drive, both sides, from Keymont Drive
to Keystone Drive.
B. No vehicles shall park curbside in Resi-
dential Parking Permit District H during the
hours of seven o'clock (7:00) a.m. to three
o'clock (3:00) p.m., on school days only, with-
out displaying a valid parking permit issued by
the City.
Section 2. This Ordinance shall take effect
upon publication.
Passed, approved, and adopted this 4th
day of March 2019.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
86 Regular Session March 4, 2019 Book 149
Published officially in the Telegraph Herald
newspaper on the 8th day of March 2019.
/s/Kevin S. Firnstahl, City Clerk
2. Residential Parking Permit District H
Amendment - Sharon Drive: Proof of publica-
tion on notice of public hearing to consider
approval of an ordinance amending Parking
Permit District H to include both sides of Sha-
ron Drive from Pennsylvania Avenue to Key
Corners with current day/time parking re-
strictions being assumed for this addition, and
the City Manager recommending approval.
Motion by Larson to receive and file the docu-
ments and that the requirement that a pro-
posed ordinance be considered and voted on
for passage at two Council meetings prior to
the meeting at which it is to be passed be sus-
pended. Seconded by Del Toro. Robert Bott,
1718 Sharon Dr. spoke in support of the
amendment and suggested the school district
consider student carpooling. Motion carried 7 -
0.
Motion by Larson for final consideration
and passage of Ordinance No. 12-19 Amend-
ing City of Dubuque Code of Ordinances Title
9 Motor Vehicles and Traffic Chapter 14 Park-
ing, Division 7 Residential Parking Permit Pro-
gram, Section 9-14-321.740 Residential Park-
ing Permit District H. Seconded by Del Toro.
Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 12-19
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 9 MOTOR VEHICLES
AND TRAFFIC, CHAPTER 14 PARKING,
DIVISION 7 RESIDENTIAL PARKING PER-
MIT PROGRAM, SECTION 9-14-321.740
RESIDENTIAL PARKING PERMIT DISTRICT
H
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 9-14-321.740 of the City
of Dubuque Code of Ordinance is hereby
amended to read as follows:
9-14-321.740: RESIDENTIAL PARKING
PERMIT DISTRICT H:
A. The following described area constitutes
a residential parking permit district designated
as residential parking permit district H:
Hansel Drive, between Keystone Drive and
Keymont Drive.
Keymont Drive from Key Way Drive to its
westerly terminus.
Phyllrich Drive from Keystone Drive to
Keymont Drive.
Vizaleea Drive from Pennsylvania Avenue
to Keystone Drive.
Keystone Drive from Phyllrich to its wester-
ly terminus.
Sharon Drive, both sides, from Pennsylva-
nia Avenue to Key Corners.
B. No vehicles shall park curbside in Resi-
dential Parking Permit District H during the
hours of seven o'clock (7:00) a.m. to three
o'clock (3:00) p.m., on school days only, with-
out displaying a valid parking permit issued by
the City.
Section 2. This Ordinance shall take effect
upon publication.
Passed, approved, and adopted this 4th
day of March 2019.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 8th day of March 2019.
/s/Kevin S. Firnstahl, City Clerk
3. N. Cascade Road Reconstruction Pro-
ject Right-of-Way Property Acquisition: Proof
of publication on notice of public hearing to
consider approval of a resolution which estab-
lishes and sets the Just Compensation Valua-
tion (Fair Market Value) for each identified
property to be acquired or condemned based
on the certified Acquisition Appraisal and Re-
view Appraisal reports, and the City Manager
recommending approval. Motion by Resnick to
receive and file the documents and adopt
Resolution No. 83-19 Establishing the fair
market value of real property for the North
Cascade Road Reconstruction Project, direct-
ing good-faith negotiations for the acquisition
of property and authorizing the commence-
ment of eminent domain proceedings, if nec-
essary, to acquire the property. Seconded by
Jones. Motion carried 7-0.
RESOLUTION NO. 83-19
ESTABLISHING THE FAIR MARKET VALUE
OF REAL PROPERTY FOR THE NORTH
CASCADE ROAD RECONSTRUCTION
PROJECT, DIRECTING GOOD FAITH NE-
GOTIATIONS FOR THE ACQUISITION OF
PROPERTY AND AUTHORIZING THE
COMMENCEMENT OF EMINENT DOMAIN
PROCEEDINGS, IF NECESSARY, TO AC-
QUIRE PROPERTY
Whereas, the City of Dubuque (City) has
caused to be made appraisals of the proper-
ties described below for the North Cascade
Road Reconstruction Project, between the
bridge over Catfish Creek to Edval Lane, and
the Just Compensation Valuation (Fair Market
Value) for the properties are listed below; and
Whereas, the legal description of each of
the properties to be acquired, the owners and
the Just Compensation Valuation (Fair Market
Value) of each of the properties is listed below;
and
Whereas, the City Council has conducted a
public hearing on the approval of the final loca-
tion and alignment of the North Cascade Road
87 Regular Session March 4, 2019 Book 149
Reconstruction Project, approved the project
and the acquisition of all or a part of the prop-
erty listed below for the North Cascade Road
Reconstruction Project:
Parcel, Property Owner Name, Land Type /
Use, Fee Title (Acres), Perm Easement
(Acres), Temp Easement (Acres), Just Com-
pensation Value
1, Howard & Sandra Arensdorf, as described
per Exhibit A, Residential, 0.576, 0.204, 0.145,
$10,000
2, Howard & Sandra Arensdorf, Jeffery
Arensdorf, as described per Exhibit B, Agricul-
tural, 0.627, 0, 0.253, $13,000
5, Gary Valentine, as described per Exhibit C,
Agricultural, 1.096, 0, 0.054, $ 18,000
10, 11, John & Karla Steger, Heyo & Camilla
Tjarks, as described per Exhibit D, Agricultural,
1.943, 0, 0.538, $ 40,000; and
Whereas, Iowa law requires that the City
make a good faith effort to negotiate with the
owners regarding the purchase before pro-
ceeding with condemnation; and
Whereas, the City may not make an offer
to purchase a property which is less than the
Just Compensation Valuation (Fair Market
Value) established for the property; and
Whereas, the City Council now desires to
establish the Just Compensation Valuation
(Fair Market Value) for each of the properties;
and
Whereas, the City wishes to acquire the
properties listed for the North Cascade Road
Reconstruction Project by good faith negotia-
tion or eminent domain proceedings, if neces-
sary.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA AS FOLLOWS:
Section 1. The Just Compensation Valua-
tion (Fair Market Value) of each of the proper-
ties listed above is hereby established to be
the amount of its appraised value as listed
above.
Section 2. The City Manager is directed to
enter into good faith negotiations for the acqui-
sition for each of the above properties, and, if
necessary, commence eminent domain pro-
ceedings to acquire the properties.
Passed, approved and adopted this 4th day
of March 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
4. Marquette Place Sanitary Sewer and
Water Main Reconstruction Project: Proof of
publication on notice of public hearing to con-
sider approval of the plans, specifications,
form of contract and the estimated cost for the
Marquette Place Sanitary Sewer and Water
Main Reconstruction Project and the City
Manager recommending approval. Motion by
Shaw to receive and file the documents and
adopt Resolution No. 84-19 Approval of plans,
specifications, form of contract, and estimated
cost for the Marquette Place Sanitary Sewer
and Water Main Reconstruction Project. Se-
conded by Del Toro. Motion carried 7-0.
RESOLUTION NO. 84-19
APPROVAL OF PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATED
COST FOR THE MARQUETTE PLACE SAN-
ITARY SEWER AND WATER MAIN RECON-
STRUCTION 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 cost for the
Marquette Place Sanitary Sewer and Water
Main Reconstruction Project, in the estimated
amount $312,178.90, are hereby approved.
Passed, adopted and approved this the 4th
day of March 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. Water Distribution System Pressure
Zone 2 Improvements: Roosevelt Street 1.25
MG Elevated Water Tower Project: Proof of
publication on notice of public hearing to con-
sider approval of the plans, specifications,
form of contract and estimated cost of
$5,227,672 for the Water Distribution System
Pressure Zone 2 Improvements: Roosevelt
Street 1.25 MG Elevated Water Tower Project,
and the City Manager recommending approv-
al. Motion by Jones to receive and file the
documents and adopt Resolution No. 85-19
Approval of plans, specifications, form of con-
tract, and estimated cost for the Water Distri-
bution System Pressure Zone 2: Roosevelt
Street 1.25 MG Elevated Water Tower Project
Contracts A and B. Seconded by Larson. Mo-
tion carried 7-0.
RESOLUTION NO. 85-19
APPROVAL OF PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATED
COST FOR THE WATER DISTRIBUTION
SYSTEM PRESSURE ZONE 2: ROOSEVELT
STREET 1.25 MG ELEVATED WATER
TOWER PROJECT CONTRACTS A AND B
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
Water Distribution System Pressure Zone 2
Improvements: Roosevelt Street 1.25 MG Ele-
vated Water Tower Project, identified as Con-
tract A: Roosevelt Street Water Tower and
Water Distribution Improvements in the esti-
mated amount of $2,900,000; and Contract B:
Eagle Point Water Treatment Plant and Water
88 Regular Session March 4, 2019 Book 149
Distribution Improvements, in the estimated
amount of $1,026,000, for a total combined
project amount of $3,926,000, are hereby ap-
proved.
Passed, adopted and approved this 4th day
of March 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
PUBLIC INPUT
Eric Schulz, 1045 W. 3rd Street, spoke in
opposition of the additional housing inspector
position requested in the upcoming FY20
budget recommendation and provided a
handout of data to the Council.
Joe Zuccaro, 1765 Plymouth Ct., spoke
about the Five Flags Civic Center Study, ques-
tioning the need for a second study and re-
questing the issue be put on the November
ballot. Mr. Zuccaro also questioned whether a
staff member could facilitate the poverty study
requested in the upcoming FY20 budget rec-
ommendation thereby saving the City the cost
of the consultant.
Nino Erba, 1505 Fairview Pl., questioned
the need for and purpose behind the famers’
market permit recommended on the forthcom-
ing Action Agenda and concurred with Mr.
Schulz on the additional housing inspector
position.
ACTION ITEMS
1. Five Flags Civic Center Activities Report
and Presentation: HR Cook, SMG General
Manager, shared an update on the Five Flags
Civic Center activities and events, as well as
highlight some festivities to celebrate the up-
coming 40th anniversary of Five Flags. Motion
by Shaw to receive and file the information.
Seconded by Del Toro. Topics included: gross
ticket sales, attendance and event days statis-
tics; operations review; food and beverage
financials; FY19 events; new promoters; venue
partners and promoters; ticket buyers’ de-
mographics; website statistics; media rela-
tions; upcoming events. Mr. Cook responded
to questions from the City Council regarding
the breakdown of proceeds and artist’s control,
customer spending patterns and the impact of
the economy on attendance. Motion carried 7-
0.
2. Dubuque Initiatives Report: Dubuque Ini-
tiatives Board President Doug Horstmann re-
viewed sections of the Dubuque Initiatives
Board activities in calendar year 2018. Motion
by Resnick to Receive and file the information.
Seconded by Larson. Responding to questions
from the City Council, Mr. Horstmann stated
that Dubuque Initiatives is a private,
not-for-profit entity that acts as a catalyst to
support the City and other entities with eco-
nomic development opportunities. Motion car-
ried 7-0.
3. Awarding the Catfish Creek Emergency
Stream Bank Repair Project: City Manager
recommending award of the construction con-
tract for the Catfish Creek Emergency Stream
Bank Repair Project to the low bidder Legacy
Corporation. Motion by Jones to receive and
file the documents and adopt Resolution No.
86-19 Awarding public improvement contract
for the South Fork of the Catfish Creek Sani-
tary Interceptor Sewer Stream Bank Emergen-
cy Repair Project. Seconded by Resnick. Mo-
tion carried 7-0.
RESOLUTION NO. 86-19
AWARDING PUBLIC IMPROVEMENT CON-
TRACT FOR THE SOUTH FORK OF THE
CATFISH CREEK SANITARY INTERCEP-
TOR SEWER STREAM BANK EMERGENCY
REPAIR PROJECT
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Whereas, sealed proposals have been
submitted by contractors for the South Fork of
the Catfish Creek Sanitary Interceptor Sewer,
Stream Bank Emergency Repair Project, (the
Project) pursuant to Resolution No. 40-19 and
Notice to Bidders published on the City of
Dubuque, Iowa website on the 12th day of
February 2019.
Whereas, said sealed proposals were
opened and read on the 21st day of February
2019 and it has been determined that Legacy
Corporation of East Moline, IL, for Alternate
Bid No. 1 in the amount of $100,485.00, 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 Legacy Corpora-
tion and the City Manager is hereby directed to
execute a Public Improvement Contract on
behalf of the City of Dubuque for the Project.
Passed, adopted and approved this 4th day
of March 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
4. Awarding the 22nd Street/Kaufmann Av-
enue Storm Sewer Improvement Project from
White to Kleine Streets: City Manager recom-
mending award of the 22nd Street/Kaufmann
Avenue Storm Sewer Improvements Project
construction contract for Option A (White
Street to Kleine Street) to the low bidder
Portzen Construction. Motion by Larson to
89 Regular Session March 4, 2019 Book 149
receive and file the documents and adopt
Resolution No. 87-19 Awarding public im-
provement contract for the 22nd Street / Kauf-
mann Avenue Storm Sewer Improvements
Project (White Street to Kleine Street). Se-
conded by Del Toro. Responding to questions
from the City Council, Civil Engineer Jon
Dienst described the mandatory eight-week
phased project and the efforts the City is doing
to inform residents of the changes in traffic
patterns during construction. City Manager
Van Milligen stated that a public open house
about the project will be conducted from 2-6
p.m. on Tuesday, March 19, 2019 at the Jule
Operations and Training Center, 929 Kerper
Blvd. Motion carried 7-0.
RESOLUTION NO. 87-19
AWARDING PUBLIC IMPROVEMENT CON-
TRACT FOR THE 22ND STREET / KAUF-
MANN AVENUE STORM SEWER IM-
PROVEMENTS PROJECT (WHITE STREET
TO KLEINE STREET)
Whereas, sealed proposals have been
submitted by contractors for the 22nd
Street/Kaufmann Avenue Storm Sewer Im-
provements Project (White Street to Kleine
Street), (the Project) pursuant to Resolution
No. 65-19 and Notice to Bidders published on
the City of Dubuque, Iowa website and plan
room service with statewide circulation on the
25th day of January 2019.
Whereas, said sealed proposals were
opened and read on the 26th day of February
2019 and it has been determined that Portzen
Construction of Dubuque, IA, with a bid in the
amount of $2,349,054.47 is the lowest respon-
sive, 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 Portzen Con-
struction and the City Manager is hereby di-
rected to execute a Public Improvement Con-
tract on behalf of the City of Dubuque for the
Project.
Passed, adopted and approved this 4th day
of March 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. Code of Ordinances Amendment - Title
4 Farmers' Markets: City Manager recom-
mending approval of the creation of a Farmers’
Market Permit and an amendment to the
Farmers’ Market Ordinance. Motion by Jones
to receive and file the documents and that the
requirement that a proposed ordinance be
considered and voted on for passage at two
Council meetings prior to the meeting at which
it is to be passed be suspended. Seconded by
Resnick. Responding to questions from the
City Council, Assistant City Manager Cori Bur-
bach stated that this will replace the individual
vendor fees previously required due to chang-
es at the State level regarding farmer’s mar-
kets. City Attorney Brumwell added that while
the City has liability coverage, proof of insur-
ance is required from the market organizers.
Motion carried 7-0.
Motion by Jones for final consideration and
passage of Ordinance No. 13-19 Amending
City of Dubuque Code of Ordinances Title 4
Business and License Regulations, Chapter 4
Central Market. Seconded by Resnick. Motion
carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 13-19
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 4 BUSINESS AND LI-
CENSE REGULATIONS, CHAPTER 4 CEN-
TRAL MARKET
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Title 4, Chapter 4 of the City of
Dubuque Code of Ordinances is amended to
read as follows:
CHAPTER 4
CENTRAL MARKET AND OTHER FARMERS’
MARKETS
4-4-1: MARKET AREAS DELINEATED:
A. Central Market Area: The proper-
ty of the city adjacent to the city hall,
together with such parts of the streets
and sidewalks located within the area
bounded by the south side of Tenth
Street, the north side of Thirteenth
Street, the west side of Central Avenue
and the east side of Main Street, and
such distances on Iowa Street between
Thirteenth and Fourteenth Streets on
both sides thereof as may be neces-
sary for three (3) standard auto parking
stalls, will constitute and be known as
the Central Market.
B. Other areas will be delineated as
farmers’ markets and a map of such
areas will be filed with the offices of the
City Manager, the City Clerk, the
Health Services Department, and the
Planning Services Department if the
applications for such markets and sub-
sequently the markets themselves
comply with the rules and regulations
for a farmers’ market set forth in the
City’s farmers’ market permit applica-
tion, the City of Dubuque Code of Ordi-
nances, and any other applicable local,
state, and federal laws.
4-4-2: FARMERS' MARKET; DISPLAY OF
MERCHANDISE: The Central Market and any
other designated farmers’ markets that obtain
and comply with the City’s farmers’ market
90 Regular Session March 4, 2019 Book 149
permit application will be a "farmers' market"
as provided for in the Iowa administrative code
and will be subject to the rules relating thereto.
Inspections may be conducted by the city
manager who is under contract with the state
department of inspections and appeals. Sub-
ject to such regulation and the limitations and
prohibitions set forth hereinafter, any person,
firm or corporation may display, offer for sale
or sell on the streets or sidewalks of the Cen-
tral Market or another farmers’ market, flowers,
plants, arts, crafts or food items which have
been raised, produced, procured or crafted by
the local vendor and which are displayed and
sold at a stall for which a permit has been is-
sued as provided for in this chapter.
4-4-3: MARKET STALLS ESTABLISHED;
ISSUANCE OF PERMITS:
A. Spaces for Stalls Established;
Fees: The city manager is authorized to
establish spaces for stalls in the Central
Market or other designated farmers’ mar-
kets as may be necessary and to issue
permits for the use of such stalls. The
fees for such permits shall be established
by the city manager.
B. Use of Metered Parking Spaces:
When a permit holder uses a metered
parking space on days other than author-
ized by the holder's permit, the permit
holder shall comply with the parking me-
ter requirements of this code.
4-4-4: RESTRICTED PARKING IN CEN-
TRAL MARKET AND OTHER DESIGNATED
FARMERS’ MARKETS: When stalls in the
Central Market and other farmers’ markets
have been established by the city manager
and signs are erected giving notice thereof, no
person shall park a vehicle in such stall be-
tween the hours of six o'clock (6:00) A.M. and
twelve o'clock (12:00) noon on Saturdays in
the months of May through October unless the
vehicle has on display a permit as described in
this chapter.
4-4-5: DISPLAY PERMIT RESTRICTED
TO CENTRAL MARKET AREA OR OTHER
FARMERS’ MARKET: A market stall permit
authorizes a person to display foods or crafts
only in the Central Market or other designated
farmers’ markets as provided in this chapter
and as specified on the market stall permit.
Market stall permits are market specific and
only allow a permit holder to display foods or
crafts in the market expressly stated on the
stall permit.
4-4-6: REVOCATION OF PERMIT: In any
case where it is found that items displayed,
offered for sale or sold have not been raised,
produced, procured or crafted by the local
vendor, or have been processed, manufac-
tured or crafted by the local vendor in violation
of any city ordinance or permit agreement, the
permit may be revoked by the city manager.
4-4-7: MARKET MASTER DESIGNATED;
DUTIES GENERALLY: The city manager shall
establish and carry out such procedures, poli-
cies and rules relating to the Central Market or
other designated farmers’ markets and their
operations as are necessary to provide for
acceptable sanitation and to protect the public
health, safety and welfare.
4-4-8: TRAFFIC REGULATIONS: The city
manager shall restrict or regulate the sidewalk
and street traffic in the area of the Central
Market or other designated farmers’ markets
as may be necessary to protect the public
health, safety and welfare.
4-4-9: INSPECTION; CONFISCATION OF
FOOD UNFIT FOR CONSUMPTION: All food
or food products displayed, sold or offered for
sale at the Central Market and other designat-
ed farmers’ markets shall be subject to inspec-
tion by the city manager. If any food or food
product is found to be unfit for human con-
sumption, the city manager shall confiscate
and destroy the food, and the person display-
ing, offering for sale or selling such food shall
be guilty of a misdemeanor.
4-4-10: WEIGHTS AND MEASURES: The
weights and measures approved, standardized
and adopted by the state department of agri-
culture shall be the standard weights and
measures used for the sale of all merchandise
required to be sold by weight or other measure
at the Central Market and other farmers’ mar-
kets. All sales by weight shall be by avoirdu-
pois weight, and all sales of commodities by
measure shall be by standard volume contain-
ers, specifically, pint, quart, peck or bushel.
Section 2. This Ordinance takes effect on
publication.
Passed, approved, and adopted the 4th day
of March 2019.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 8th day of March 2019.
/s/Kevin S Firnstahl, City Clerk
6. Request for Work Session - Project
HOPE Quarterly Update: City Manager rec-
ommending that the City Council schedule a
work session for a Project HOPE Quarterly
Update for March 18, 2019 at 5:30 p.m., in the
City Council Chambers. Motion by Resnick to
receive and file the documents and set the
work session as recommended. Seconded by
Larson. Council Member Del Toro expressed a
conflict but would review information after the
fact. Motion carried 7-0.
91 Special Session March 7, 2019 Book 149
COUNCIL MEMBER REPORTS
Council Member Larson requested con-
sensus from the Council on pursuing a city -
wide declaration for a $10-per-hour minimum
wage. At which time, Council Member Shaw
asked about the process for getting such an
issue heard such as during a budget hearing.
Mayor Buol clarified that the Council Member
Reports agenda section is a way for Council
Members to share personal or professional
information or matters of community interest
and is not for requesting agenda items for
Council discussion. It was agreed that Ms.
Larson’s request was best discussed at the
annual City Council goal setting session
scheduled for August 12-14, 2019.
There being no further business, upon mo-
tion the City Council adjourned at 7:46 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special
session at 6:00 p.m. on March 7, 2019 in 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 adopting the City of Dubuque
Annual Budget for Fiscal Year 2020.
PUBLIC HEARINGS
1. Adopting the Fiscal Year 2020 Budget
Recommendation as Amended: Proof of publi-
cation on notice of public hearing to consider
approval of the City of Dubuque Fiscal Year
2020 Annual Budget and Five-Year Capital
Improvement Program as amended, and the
City Manager recommending approval. Long-
Range Planning Advisory Commission submit-
ting documentation regarding the recommend-
ed budget relationship to the 2020-2024 Capi-
tal Improvement Program and Imagine Dubu-
que Comprehensive Plan. Cable TV Division
providing additional information on caption-
ing/inclusivity of video programming. Travel
Dubuque correspondence regarding additional
Sister City Program funding. Iowa Department
of Natural Resources Submitting correspond-
ence in support of EB Lyons / Mines of Spain
Recreation Area funding.
Motion by Jones to receive and file the
documents and adopt Resolution No. 88-19
Adopting the City of Dubuque Fiscal Year
2020 Annual Budget; and Resolution No. 89-
19 Adopting the City of Dubuque Five-Year
Capital Improvement Program. Seconded by
Shaw. Motion carried 6-1 with Del Toro Voting
nay.
RESOLUTION NO. 88-19
ADOPTING THE CITY OF DUBUQUE FIS-
CAL YEAR 2020 ANNUAL BUDGET
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the annual budget for the
fiscal year ending June 30, 2020, as set forth
in the Adoption of Budget and Certification of
Taxes and supporting state budget forms
showing the revenue estimates and appropria-
tion expenditures and allocations to programs
92 Special Session March 7, 2019 Book 149
and activities for said fiscal year, is adopted as
amended.
Section 2. The City Clerk is directed to
make the filings required by law.
Passed, approved and adopted this 7th day
of March 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 89-19
ADOPTING THE CITY OF DUBUQUE FIVE
YEAR CAPITAL IMPROVEMENT PROGRAM
Whereas, a recommended five-year Capi-
tal Improvement Program for the period begin-
ning July 1, 2019, and ending June 30, 2024,
for the City of Dubuque has been prepared
and submitted to the City Council; and
Whereas, the five-year Capital Improve-
ment Program describes specific capital im-
provement projects, provides estimated costs
for those projects, proposes sources of funds
for each of them, and schedules the year dur-
ing which each project will be undertaken; and
Whereas, the capital improvement projects
for the first year are included in the Fiscal Year
2020 budget for the City of Dubuque; and
Whereas, the five-year Capital Improve-
ment Program will be reconsidered annually by
the City Council and appropriately revised; and
Whereas, the adoption of the five-year
Capital Improvement Program is a prudent
measure to provide continuity of programs and
is in the best interest of the City of Dubuque.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the five-year Capital Im-
provement Program for the period beginning
July 1, 2019, set out in the Fiscal Year 2020-
2024 Recommended Capital Improvement
Budget, is hereby approved and adopted as
the proposed allocation of City resources for
capital improvements as scheduled in the
years shown, subject to annual review and
revision.
Passed, approved, and adopted this 7th
day of March 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Mayor Buol called for public input on each
department’s budget.
Eric Schulz, 1045 W. 3rd Street; Corey
Gansen, 9000 Bellevue Heights, spoke in op-
position to the additional housing inspector
position.
Joseph Noll, 315 W. Locust St.; Tom
LoGuidice, 786 Stone Ridge Pl.; Gale Weitz,
1630 Lori Ct., and Housing Commission Mem-
ber; and Nino Erba, 1505 Fairview Pl., spoke
in support of the additional housing inspector
position. Jerry Maro, 10366 Timothy St., and
President of the Dubuque Landlords’ Associa-
tion, spoke in general support of adding the
position, but was not in favor of the fee in-
crease for second inspections nor the funding
coming from the additional inspection fees. He
suggested delaying the position to see how the
program works first.
Responding to questions from the City
Council, Housing and Community Develop-
ment Director Alexis Steger explained the rev-
enue source for the additional inspector posi-
tion adding that staff has researched inspec-
tion programs in other cities and that most are
modeling Dubuque’s program or adding in-
spectors to existing programs.
ACTION ITEMS
1. Rental License and Inspection Fees,
Budget Request for Inspector: Motion by
Jones to receive and file the documents and
adopt Resolution No. 90-19 (to include the
addition of a new inspector position) Approving
the increase in fees for the Rental Licensing
and Rental Inspection Program. Seconded by
Resnick. Motion carried 7-0.
RESOLUTION NO. 90-19
APPROVING THE INCREASE IN FEES FOR
THE RENTAL LICENSING AND RENTAL
INSPECTION PROGRAM
Whereas, the Housing and Community
Development Department is requesting an
increase in the rental licensing and inspection
fees in order to self-sustain the General Hous-
ing Code Enforcement Division; and
Whereas, the effective date of rental li-
censing structure fee is March 7, 2019, and
the effective date of all other rental licensing
and inspection fees is July 1, 2019; and
Whereas, the following increase in the li-
censing and rental fees are hereby proposed.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the rental licensing fees for
structures will be increased from $25 to $30
effective March 7, 2019.
Section 2. That the rental licensing fees for
dwelling units and rooming units will be
changed effective July 1, 2019 as follows:
Dwelling Unit be increased from $20 to
$25;
Rooming Unit be increased from $10 to
$15; and
Section 3. That initial inspection fees be
reduced, effective July 1, 2019, as fol-
lows:
Dwelling Unit Inspection be reduced from
$50 to $0;
Rooming Unit Inspection be reduced from
$30 to $0
Section 4. That the penalty fees, effective
July 1, 2019, will be as follows:
93 Special Session March 7, 2019 Book 149
First Re-Inspection fee increase from $0 to
$85;
Re-Inspection fee for 2nd and subsequent
re-inspections increase from $70 to $85
Passed, approved and adopted this 7th day
of March 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Fiscal Years 2020-2024 Street Con-
struction Program: Motion by Shaw to receive
and file the documents and adopt Resolution
No. 91-19 Adopting the Five-Year Street Con-
struction Program for Fiscal Years 2020-2024.
Seconded by Larson. Motion carried 7-0.
RESOLUTION NO. 91-19
ADOPTING THE FIVE-YEAR STREET CON-
STRUCTION PROGRAM FOR FISCAL
YEARS 2020 - 2024
Whereas, a recommended Five-Year
Street Construction Program for the Fiscal
Year 2020 - 2024 beginning July 1, 2019 and
ending June 30, 2024, for the City of Dubuque
has been prepared and submitted to the City
Council; and
Whereas, the Five-Year Street Construc-
tion Program: 1) describes specific capital im-
provement projects; 2) provides estimated
costs for those projects; 3) proposes sources
of funding; and 4) schedules the fis-
cal/calendar year during which each project
will be undertaken; and
Whereas, the capital improvement projects
for the first year of such five-year program are
included in the Fiscal Year 2020 budget; and
Whereas, the adoption of the Five-Year
Street Construction Program is a prudent
measure to provide continuity of programs and
is in the best interest of the City of Dubuque.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Five-Year Street Con-
struction Program for Fiscal Years 2020 –
2024 beginning July 1, 2019, set out in the
Fiscal Years 2020 – 2024 recommended Capi-
tal Improvement Budget, is hereby approved
and adopted as the proposed allocation of City
resources for capital improvements as sched-
uled in the years shown, subject to annual
review and revision.
Passed, adopted and approved this 7th day
of March 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. Code of Ordinances Amendment - Title
13 Establishing Solid Waste Collection, Rates
and Charges for Fiscal Year 2020: Motion by
Jones to receive and file the documents and
that the requirement that a proposed ordi-
nance be considered and voted on for pas-
sage at two Council meetings prior to the
meeting at which it is to be passed be sus-
pended. Seconded by Resnick. Motion carried
7-0.
Motion by Jones for final consideration and
passage of Ordinance No. 14-19 Amending
City of Dubuque Code of Ordinances Title 13
Public Utilities, Chapter 6 Solid Waste, Article
A City or Private Collection Service, Sections
13-6A-2 Availability of Collection. Seconded by
Resnick. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 14-19
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 13 PUBLIC UTILITIES,
CHAPTER 6 SOLID WASTE, ARTICLE A
CITY OR PRIVATE COLLECTION SERVICE,
SECTIONS 13-6A-2 AVAILABILITY OF
COLLECTION SERVICE AND 13-6A-6
RATES AND CHARGES ESTABLISHED;
EXCEPTIONS
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 13-6A-2 of the City of
Dubuque Code of Ordinances is amended to
read as follows:
13-6A-2: AVAILABILITY OF COLLECTION
SERVICE:
A. Class I Premises: City solid waste col-
lection from residential premises as de-
fined in section 13-6-1 of this chapter shall
be mandatory.
B. Class II Premises: Class II premises
not serviced by City solid waste collection
services may apply to the City Manager for
such collection services. The collection
rate shall be determined according to the
fee schedule set forth in section 13-6A-6 of
this article.
C. Class III Premises: Class III premises
not serviced by City solid waste collection
services may apply to the City Manager for
such collection services. The collection
rate shall be determined according to the
fee schedule set forth in section 13-6A-6 of
this article.
D. Class II Premises not serviced by City
solid waste collection service and Class III
Premises may apply to the City Manager
for such recycling services. The collection
rate shall be determined according to the
fee schedule set forth in section 13-6A-6 of
this article.
E. Refusal of Service: The City Manager
may refuse solid waste collection service
or recycling services because of quantities
or characteristics beyond the capacity or
capability to be handled efficiently or safely
by City personnel and equipment.
94 Special Session March 7, 2019 Book 149
Section 2. Section 13-6A-6 of the City of
Dubuque Code of Ordinances is amended to
read as follows:
13-6A-6: RATES AND CHARGES ESTAB-
LISHED; EXCEPTIONS:
A. Class I Premises:
1. Base Fee And Conditions: Unless
subscribed to a solid waste cart, a fee of
fifteen dollars sixty-two cents ($15.62)
per dwelling unit per month shall be paid
to the City by the property owner of each
Class I premises for such solid waste col-
lection services. Said fee shall be in
payment for collection and disposal of
one (1) 35-gallon can or one (1) 35-
gallon trash bag of "solid waste" as de-
fined in this chapter. There is no limit on
the number of bins allowed to be collect-
ed containing acceptable "recyclable ma-
terials" as defined in this chapter.
2. Solid Waste Cart Subscriptions:
a. Mandatory Subscription Alleys.
(1) Alley carts, owned by the City
for semiautomated lifting, are re-
quired to be subscribed to in certain
alleys, by owners, tenants, and/or
property managers of Class I premis-
es where the approved set out loca-
tion is in a mandated alley. Subscrib-
ers must comply with program re-
quirements as approved by the City
Manager. The customer shall choose
the number and size of the cart. The
options include a forty-eight (48), six-
ty-four (64), or ninety-six (96) gallon
solid waste cart.
(2) Mandatory Alley Fees. The fee
for a forty-eight (48) gallon solid
waste cart is fifteen dollars and sixty-
two cents ($15.62) per month. The
fee for a sixty-four (64) gallon solid
waste cart is sixteen dollars and
twenty-six cents ($16.26) per month.
The fee for a ninety-six-gallon solid
waste cart is twenty-four dollars and
thirty-nine cents ($24.39) per month.
b. Optional Cart Subscriptions.
(1) In the areas where solid waste
carts, owned by the City for semiau-
tomated lifting, are not mandated
carts may be subscribed to by owners
and/or property managers of Class I
premises. Subscribers must comply
with program requirements as ap-
proved by the City Manager. The cus-
tomer shall choose the number and
size of the cart. The options include
sixty-four (64) or ninety-six (96) gallon
solid waste carts.
(2) Optional Cart Fees. The fee for
a sixty-four (64) gallon solid waste
cart is twenty dollars and sixty-five
cents ($20.65) per month. The fee for
a ninety-six-gallon solid waste cart is
twenty-nine dollars ($29.00) per
month.
c. Multifamily dwellings required to
subscribe to alley carts and multifamily
dwellings opting to subscribe to solid
waste cart(s) must provide a minimum
of thirty (30) gallons of capacity for
each dwelling unit.
3. Class I Premises Exceptions:
a. When a Class I premises has been
vacant for a period not less than two (2)
consecutive months, the owner may
apply to the City Manager for a credit
under procedures to be established by
the City Manager. Such credit shall
continue only so long as the Class I
premises is vacant.
b. In cases of extreme financial hard-
ship, the City Manager may, and is
hereby authorized and empowered to,
make adjustments in the monthly col-
lection charges as the City Manager
may deem appropriate. In such cases,
the City Manager shall have the author-
ity to require such proof of financial sta-
tus or extreme hardship, as the City
Manager may deem necessary.
c. When resident(s) of a Class I
premises has an annual income equal
to or less than the income standards
used by HUD for its "Section 8 Housing
Program" for the size of that household
may, upon application to the City Man-
ager or designee, be exempted from
one-half (1/2) the established collection
charge. After the initial application, an-
nual application shall be made by the
account holder of the City of Dubuque
utility bill for the premises to verify an-
nual income and eligibility.
B. Class II Premises:
1. Base Fees and Conditions: Unless
subscribed to a solid waste cart, a fee of
fifteen dollars sixty-two cents ($15.62)
per month shall be paid to the City by the
property owner of each Class II premises
for such solid waste collection services.
Said fee shall be in payment for collec-
tion and disposal of one (1) 35-gallon can
or one (1) 35-gallon trash bag of "solid
waste" as defined. There is no limit on
the number of bins allowed to be collect-
ed containing acceptable "recyclable ma-
terials" as defined.
2. Solid Waste Cart Subscriptions:
a. Mandatory Subscription Alleys.
(1) Alley carts, owned by the City
for semiautomated lifting, are re-
quired to be subscribed to in certain
alleys, by owners, tenants, and/or
property managers of Class II prem-
ises where the approved set out loca-
95 Special Session March 7, 2019 Book 149
tion is in a mandated alley. Subscrib-
ers must comply with program re-
quirements as approved by the City
Manager. The customer shall choose
the number and size of the cart. The
options include a forty-eight (48), six-
ty-four (64), or ninety-six (96) gallon
solid waste cart.
(2) Mandatory Alley Fees. The fee
for a forty-eight (48) gallon solid
waste cart is fifteen dollars and sixty-
two cents ($15.62) per month. The
fee for a sixty-four (64) gallon solid
waste cart is sixteen dollars and
twenty-six cents ($16.26) per month.
The fee for a ninety-six-gallon solid
waste cart is twenty-four dollars and
thirty-nine cents ($24.39) per month.
b. Optional Cart Subscriptions.
(1) In the areas where solid waste
carts, owned by the City for semiau-
tomated lifting, are not mandated
carts may be subscribed to by owners
and/or property managers of Class II
premises. Subscribers must comply
with program requirements as ap-
proved by the City Manager. The cus-
tomer shall choose the number and
size of the cart. The options include
sixty-four (64) or ninety-six (96) gallon
solid waste carts.
(2) Optional Cart Fees. The fee for
a sixty-four (64) gallon solid waste
cart is twenty dollars and sixty-five
cents ($20.65) per month. The fee for
a ninety-six-gallon solid waste cart is
twenty-nine dollars ($29.00) per
month.
c. Multifamily dwellings required to
subscribe to alley carts and multifamily
dwellings opting to subscribe to solid
waste cart(s) must provide a minimum
of thirty (30) gallons of capacity for
each dwelling unit.
3. The owner of a Class II premises
served by the City solid waste collection
may provide the City Manager with not
less than fourteen (14) days' written no-
tice of intent to terminate the service.
Such termination of service shall be ef-
fective at the beginning of the next billing
period after such fourteen (14) day notice
period.
4. Upon approval of an application for
City recycling collection a fee of six dol-
lars ($6.00) per month per unit shall be
paid to the City by the property owner of
each Class II premises not serviced by
City solid waste collection services for
recycling collection.
C. Class III Premises:
1. Base Fees and Conditions. Unless
subscribed to a solid waste cart, a fee of
fifteen dollars sixty-two cents ($15.62)
per month shall be paid to the City by the
property owner of each Class III premis-
es for such services. Said fee shall be in
payment for collection and disposal of
one (1) 35-gallon can or one (1) 35-
gallon trash bag of "solid waste" as de-
fined. There is no limit on the number of
bins allowed to be collected containing
acceptable "recyclable materials" as de-
fined.
2. Solid Waste Cart Subscriptions:
a. Mandatory Subscription Alleys.
(1) Alley carts, owned by the City
for semiautomated lifting, are re-
quired to be subscribed to in certain
alleys, by owners, tenants, and/or
property managers of Class III prem-
ises where the approved set out loca-
tion is in a mandated alley. Subscrib-
ers must comply with program re-
quirements as approved by the City
Manager. The customer shall choose
the number and size of the cart. The
options include a forty-eight (48), six-
ty-four (64), or ninety-six (96) gallon
solid waste cart.
(2) Mandatory Alley Fees. The fee
for a forty-eight (48) gallon solid
waste cart is fifteen dollars and sixty-
two cents ($15.62) per month. The
fee for a sixty-four (64) gallon solid
waste cart is sixteen dollars and
twenty-six cents ($16.26) per month.
The fee for a ninety-six-gallon solid
waste cart is twenty-four dollars and
thirty-nine cents ($24.39) per month.
b. Optional Cart Subscriptions.
(1) In the areas where solid waste
carts, owned by the City for semiau-
tomated lifting, are not mandated
carts may be subscribed to by owners
and/or property managers of Class III
premises. Subscribers must comply
with program requirements as ap-
proved by the City Manager. The cus-
tomer shall choose the number and
size of the cart. The options include
sixty-four (64) or ninety-six (96) gallon
solid waste carts.
(2) Optional Cart Fees. The fee for
a sixty-four (64) gallon solid waste
cart is twenty dollars and sixty-five
cents ($20.65) per month. The fee for
a ninety-six-gallon solid waste cart is
twenty-nine dollars ($29.00) per
month.
3. The owner of a Class III premises
served by City solid waste collection may
provide the City Manager with not less
than fourteen (14) days' written notice of
intent to terminate the service. Such ter-
mination of service shall be effective at
96 Special Session March 7, 2019 Book 149
the beginning of the next billing period af-
ter such fourteen (14) day notice period.
4. Upon approval of an application for
City recycling collection a fee of six dol-
lars ($6.00) per month per unit shall be
paid to the City by the property owner of
each Class III premises not serviced by
City solid waste collection services for
recycling collection.
D. Unit Based Pricing: Collection options
and charges under unit-based pricing for
Class I, II and III premises are as follows:
1. A yearly subscription for weekly col-
lection of an additional standard solid
waste container, or containers, may be
subscribed for an additional eight dollars
($8.00) each per month.
2. Oversized, nonstandard rigid solid
waste containers of up to fifty (50) gal-
lons in capacity may be subscribed as
the one container covered under the
base monthly solid waste fee for an addi-
tional five dollars ($5.00) per month.
Such containers shall be holders for
standard trash bags for manual removal
by City crews, shall not contain any loose
material, and shall not be lifted and
dumped by crews. Individual trash bags
held in the oversized container shall
weigh no more than forty (40) pounds.
3. A yearly subscription for weekly col-
lection of an additional oversized solid
waste container, or containers, may be
subscribed for an additional twelve dol-
lars ($12.00) each per month.
4. Official City of Dubuque single-use
stickers costing one dollar fifty cents
($1.50) shall be applied to each addition-
al standard solid waste container or small
bulky or bundled item in excess of the
one standard solid waste container col-
lected under the base monthly solid
waste fee or any additional subscribed
container(s).
5. Multiple-family dwellings of three (3),
four (4), five (5), and six (6) dwelling units
as well as Class II or Class III premises
sharing a common set out location with
other City solid waste customers shall
only use approved rigid solid waste con-
tainers with permanent identification as to
the specific premises. However, for the
two (2) weeks following Christmas, ex-
cess solid waste may be set out in trash
bags with applied City of Dubuque single
use stickers. The capacity must be a min-
imum of thirty (30) gallons per dwelling
unit.
E. Special Collection: The charge for a
special collection service for large and
bulky rubbish to each dwelling unit receiv-
ing such service when requested by the
owner shall be as follows:
1. A fee of ten dollars ($10.00) shall be
paid by the owner for each time the ser-
vice is provided for up to the equivalent
of three (3) cubic yards of solid waste.
2. An additional fee of twelve dollars fif-
ty cents ($12.50) shall be paid for each
additional three (3) cubic yards of solid
waste.
3. An additional fee for tires, equal to
the disposal fees charged at the Dubu-
que Metro Landfill, shall be paid to the
City by the owner for each tire.
4. An additional fee of ten dollars
($10.00) shall be paid to the City by the
owner for each appliance collected in the
service.
5. An additional fee of ten dollars
($10.00) shall be paid to the City by the
owner for each collection requested by
the owner to be scheduled for service on
a day not receiving weekly collection at
the service address.
6. An additional fee of ten dollars
($10.00) shall be paid to the City by the
owner for each collection requested by
the owner to be scheduled for immediate
service or whenever crews are sent back
to the service address to collect items
that were not properly set out on time as
previously scheduled.
7. An additional fee of twenty dollars
($20.00) shall be paid to the City by the
owner for each collection requested by
the owner to be scheduled for collection
of electronics including one device with
an electronic screen (laptops, monitors,
TVs, etc.). An additional fifteen-dollar
($15.00) fee will apply for each additional
device with an electronic screen set out
per collection.
Section 3. This ordinance shall take effect
July 1, 2019.
Passed, approved, and adopted this 7th
day of March 2019.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 13th day of March 2019.
/s/Kevin S. Firnstahl, City Clerk
4. Code of Ordinances Amendment - Title
13 Establishing Water Utility Rates for Fiscal
Year 2020: 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 Shaw. Motion
carried 7-0.
Motion by Larson for final consideration
and passage of Ordinance No. 15-19 Amend-
ing City of Dubuque Code of Ordinances Title
97 Special Session March 7, 2019 Book 149
13 Public Utilities, Chapter 1 Water Use and
Service, Article C Rates, Section 13-1C-1(A)
Establishing Water Rates for Residential,
Commercial, Industrial, and all other uses; and
Ordinance No. 16-19 Amending the City of
Dubuque Code of Ordinances Title 13 Public
Utilities Chapter 1 Water Use and Service,
Article C Rates Section 13-1C-2 Fixing Water
Rates for Fire Sprinkler Service. Seconded by
Shaw. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 15-19
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 13 PUBLIC UTILITIES,
CHAPTER 1 WATER USE AND SERVICE,
ARTICLE C RATES, SECTION 13-1C-1(A)
ESTABLISHING WATER RATES FOR RESI-
DENTIAL, COMMERCIAL, INDUSTRIAL,
AND ALL OTHER USES
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 13-1C-1(A) of the City of
Dubuque Code of Ordinances is hereby
amended to read as follows:
Section 13-1C-1A: Residential, Commer-
cial, Industrial and All Other Uses.
A Rates Established: The rates to be
charged for water for residential, commercial,
industrial and all other uses and purposes by
any person, firm or corporation within the city
shall be based on units of one hundred cubic
feet (748 gallons) or per gallon as follows:
Monthly Consumption
(in Hundreds of Cubic
Feet)
Charge per Hundred
Cubic Feet
First 30 $3.85
Next 120 $3.14
Next 350 $2.91
Next 500 $2.57
Over 1,000 $2.28
Monthly Consumption
(in Gallons) Charge per Gallon
First 22,440 $0.00512
Next 89,760 $0.00419
Next 261,800 $0.00391
Next 374,000 $0.00345
Over 748,000 $0.00302
Rates shall be subject to the following min-
imum monthly charge according to the size of
the meter:
Meter
Size
Inches
Monthly
Consump-
tion (In
Hundreds
of Cubic
Feet)
Monthly
Con-
sumption
(in Gal-
lons)
Minimum
Charge
5/8 2 1,496 $7.66
3/4 5 3,740 $19.15
1 8 5,984 $30.64
1 1/2 26 19,448 $99.57
2 46 34,408 $165.04
3 106 79,288 $353.09
4 168 125,664 $543.63
6 368 275,264 $1,128.57
8 625 467,500 $1,837.20
A property owner shall pay a $50.00 discon-
nect fee for water service that is disconnected
by the city for a meter not in service. When a
tenant account is subject to disconnection due
to delinquency, the tenant shall pay the $50.00
disconnect fee.
A $50.00 service call fee shall be changed
to property owners or tenant account for those
service calls that are determined to be related
to customer negligence.
A $7.00 minimum monthly charge shall be
assessed for meters not in service.
Section 2. This Ordinance shall take effect
July 1, 2019.
Passed, approved and adopted this 7th day
of March 2019.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Heralds
newspaper on the 13th day of March 2019.
/s/Kevin S. Firnstahl, City Clerk
OFFICIAL PUBLICATION
ORDINANCE NO. 16-19
AMENDING THE CITY OF DUBUQUE CODE
OF ORDINANCES TITLE 13 PUBLIC UTILI-
TIES CHAPTER 1 WATER USE AND SER-
VICE, ARTICLE C RATES SECTION 13-1C-2
FIXING WATER RATES FOR FIRE SPRIN-
KLER SERVICE
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 13-1C-2 of the City of
Dubuque Code of Ordinances is hereby
amended to read as follows:
Section 13-1C-2: Fire Sprinkler Service.
Customers who have fire sprinkler service
shall be billed for this service on a monthly
basis. The monthly charge shall be as follows:
Current Number of Heads Monthly Charges
Up to 200 (minimum) $23.47
200-299 $28.17
300-399 $32.81
400-599 $37.55
600-799 $42.20
800 -999 $46.92
1,000 - 1,199 $51.63
1,200 - 1,399 $56.27
1,400 - 1,599 $60.97
1,600 - 1,799 $65.68
1,800 - 1,999 $70.33
2,000 - 2,199 $75.04
2,200 - 2,399 $79.73
98 Special Session March 7, 2019 Book 149
2,400 - 2,599 $84.43
2,600 - 2,799 $89.12
2,800 - 2,900 $93.92
3,000 - 3,499 $98.49
Over 3,500* $4.68
*(for each additional 500 heads or fraction
thereof)
Section 2. This Ordinance shall take effect
July 1, 2019.
Passed, approved and adopted this 7th day
of March 2019.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 13th day of March 2019.
/s/Kevin S. Firnstahl, City Clerk
5. Code of Ordinances Amendment - Title
13 - Establishing Basic Sewer Rates for Resi-
dential and Commercial Users for Fiscal Year
2020. Motion by Jones to receive and file the
documents and that the requirement that a
proposed ordinance be considered and voted
on for passage at two Council meetings prior
to the meeting at which it is to be passed be
suspended. Seconded by Resnick. Motion
carried 7-0.
Motion by Jones for final consideration and
passage of Ordinance No. 17-19 Amending
the City of Dubuque Code of Ordinances Sec-
tions 13-2C-3(B) and 13-2C-3(C)(7) Establish-
ing Basic Sewer Rates for Residential and
Commercial Users by Increasing the Rates.
Seconded by Resnick. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 17-19
AMENDING THE CITY OF DUBUQUE CODE
OF ORDINANCES SECTIONS 13-2C-3(B)
AND 13-2C-3(C)(7) ESTABLISHING BASIC
SEWER RATES FOR RESIDENTIAL AND
COMMERCIAL USERS BY INCREASING
THE RATES
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 13-2C-3(B) of the City of
Dubuque Code of Ordinances is amended to
read as follows:
B. Schedule of Rates:
Rates per each one hundred (100) cubic
feet: $5.27
Rate per each gallon: $0.00704
Section 2. Section 13-2C-3(C)(7) of the
City of Dubuque Code of Ordinances is
amended to read as follows:
7. Where the quantity of water con-
sumed is such that the minimum of
service is charged, the minimum sewer
service charge, according to the size of
the meter, shall be as follows:
Meter
Size
(inches)
Minimum
Charge
Allowance
(cubic feet)
Allowance
(gallons)
5/8 $10.53 200 1,496
3/4 $26.33 500 3,740
1 or
larger
$42.24 800 5,984
Section 3. This Ordinance shall take effect
July 1, 2019.
Passed, approved, and adopted this 7th
day of March 2019.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 13th day of March 2019.
/s/Kevin S. Firnstahl, City Clerk
There being no further business, upon mo-
tion the City Council adjourned at 6:56 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
99 Special Session March 11, 2019 Book 149
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special
session at 6:00 p.m. on March 11, 2019 in the
Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Del
Toro, Jones, Larson, Resnick; City Manager
Van Milligen, City Attorney Brumwell
Absent: Council Members Rios and Shaw
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
the Loras College Poll - 2018 Community Per-
ceptions Survey.
WORK SESSION
Loras College Poll - 2018 Community Per-
ceptions Survey
Rick Dickinson, President/CEO for Greater
Dubuque Development Corporation (GDDC).
Introduced the work session by providing the
history, mission, and duties of GDDC. Mr.
Dickinson distributed the monthly Labor Force
Summary for Dubuque from the Iowa Work-
force Development. Topics of the presentation
included:
1. General Impressions of Dubuque and
Quality of Life Measures
a. Direction of community
b. Agreement on community condi-
tions
2. Area/Neighborhood Findings and Safe-
ty
a. Monthly frequency of downtown,
north end, and west end shopping,
services, etc.
b. The feeling of safety in the down-
town, north end and west end are-
as
3. Diversity and Dubuque
a. The benefit of diversity in the
community
b. Welcoming community to people of
different backgrounds
c. Dubuque is an inclusive communi-
ty
4. Challenges for the Community
a. Biggest challenges for the Dubu-
que Community
5. Biggest challenges to neighborhoods
Race Relations
a. Responsiveness to and improve-
ment of race relations in Dubuque
6. Community Amenities
7. Survey Methodology
The City Council had discussion with Mr.
Dickinson following the presentation.
There being no further business, upon mo-
tion the City Council adjourned at 6:40 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
100 Special Session March 18, 2019 Book 149
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special
session at 5:30 p.m. on March 18, 2019 in the
second-floor Council Chambers of the Historic
Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Del
Toro, Jones, Larson, Resnick, Rios (Joined at
5:33 p.m.); City Manager Van Milligen, City
Attorney Brumwell
Absent: Council Member Shaw
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
the Project H.O.P.E. quarterly report.
WORK SESSION
Project H.O.P.E. Quarterly Report
Peter Supple, Economic Opportunity Coor-
dinator for the Community Foundation of
Greater Dubuque, thanked the City Council for
continued funding and introduced the work
session. Topics included:
Current Initiatives
• Dubuque College Access Network
(DCAN)
• Child Care Accessibility
o Child Care Solutions Summit
o GDDC/NICC partnership
o Employer/Business Coalition
• Community Engagement/Washington
Neighborhood 2019 Planning
• Brain Health
o First aid training for law enforce-
ment
o Mobile crisis unit
o Wrap-around program for resolv-
ing identified jail issues with in-
mates with acute brain health be-
haviors
o Establishing access centers
across Iowa / training
o Mapping/convening all providers /
committees related to brain health
or substance abuse
o Trauma-informed group
• Volunteer Income Tax Assistance (VI-
TA)
o United Way, Operation New View
and AARP, St. Matthew’s Luther-
an Church
Massachusetts Institute of Technology
(MIT)
• Welcome MIT students in attendance
• Project overview
o Creating a career pipeline to attract
and engage low-income and minori-
ty residents
o Report in May 2019
There being no further business, upon mo-
tion the City Council adjourned at 5:47 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
101 Regular Session March 18, 2019 Book 149
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular
session at 6:00 p.m. on 18th day of March
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; City Man-
ager Van Milligen, City Attorney Brumwell
Absent: Council Member Shaw
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. Iowa Tourism Outstanding Community
Award Presentation: Travel Dubuque
CEO/President Keith Rahe presented the Iowa
Tourism “Outstanding Community” award in
the metro category from the Travel Iowa Indus-
try Partners.
2. Presentation of 365ink Impact Award:
Bryce Parks of 365ink presented the Impact
Award to Police Chief Mark Dalsing.
3. The Big Muddy Cup 2018 Top Metros:
Greater Dubuque Development Corporation
President/CE) Rick Dickinson presented the
Big Muddy Cup 2018 Top Metros from the
March 2019 Site Selection Magazine.
PROCLAMATION(S)
1. Scandinavian Music and Culture Week
(March 18-23, 2019) was accepted by Mayor
Buol.
2. Procurement Month / Buyer's Day Proc-
lamation (March 2019) was accepted by City
of Dubuque Purchasing Coordinator Tony
Breitbach.
3. Junior Achievement Day (April 4, 2019)
was accepted by JA Development Director
Scott Ellerbach.
4. Keep Iowa Beautiful Month (April 2019)
was accepted by Laura Roussell, Hobie Wood
and Cheryl Sheldon of Dubuque Trees Forev-
er.
CONSENT ITEMS
Motion by Resnick to receive and file the
documents, adopt the resolutions, and dispose
of as indicated. Seconded by Del Toro. Motion
carried 6-0.
1. Minutes and Reports Submitted: Arts
and Cultural Affairs Advisory Commission of
2/26; Cable TV Commission of 3/6; City Coun-
cil proceedings of 3/4, 3/7, 3/11; Civil Service
Commission of 3/7; Community Development
Advisory Commission of 1/16; Housing Com-
mission of 3/8; Historic Preservation Commis-
sion of 2/21; Human Rights Commission of
3/8; Library Board of Trustees Minutes of 1/24
and Council Update #180 of 2/28; Long Range
Planning Advisory Commission of 2/25; Resili-
ent Community Advisory Commission of 3/7;
Zoning Advisory Commission of 3/18; Zoning
Board of Adjustment of 2/28; Proof of publica-
tion for City Council proceedings of 2/18, 2/21.
Upon motion the documents were received
and filed.
2. Notice of Claims and Suits: Joseph Bur-
bach for property damage, Matt McFadden /
Mak's Bait Shack for property damage, Roed-
er's Outdoor Power / James Roeder for vehicle
damage, Robert Sigwarth for vehicle damage.
Upon motion the documents were received,
filed, and referred to the City Attorney.
3. Disposition of Claims: City Attorney ad-
vising that the following claims have been re-
ferred to Public Entity Risk Services of Iowa,
the agent for the Iowa Communities Assurance
Pool: Joseph Burbach for property damage,
Hope Ehlinger for vehicle damage, Zachary
Hallman for vehicle damage, Matt McFadden /
Mak's Bait Shack for property damage, Roeder
Outdoor Power / James Roeder for vehicle
damage, and Robert Sigwarth for vehicle
damage. Upon motion the documents were
received, filed, and concurred.
4. Approval of City Expenditures: City
Manager recommending Council approval for
payment of City expenditures. Upon motion
the documents were received and filed, and
Resolution No. 92-19 Authorizing the Finance
Director-City Treasurer to make certain pay-
ments of bills that must be paid and approved
for payment in accordance with City proce-
dures was adopted.
RESOLUTION NO. 92-19
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
102 Regular Session March 18, 2019 Book 149
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 req-
uisitioned for a lawful municipal purpose; and
Whereas, the Finance Director-City Treas-
urer 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 pay-
ment 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 requested
by designated requisitioning authorities in ac-
cordance with approved budget appropria-
tions.
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 18th
day of March 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. 2019 Construction Projects: City Man-
ager providing copies of the public information
flyers regarding the 2019 road construction
projects and for navigating traffic during con-
struction. Upon motion the document was re-
ceived and filed.
6. Memorandum of Understanding with
Travel Dubuque for the 2019 Growing Sus-
tainable Communities Conference: City Man-
ager recommending approval of a one-year
Conference Management Contract with Travel
Dubuque to host the 2019 Growing Sustaina-
ble Communities Conference. Upon motion the
documents were received, filed and approved.
7. U.S. Department of Housing and Urban
Development (HUD) Amendment to Lead
Hazard Control Grant Award: City Manager
recommending approval of the Department of
Housing and Urban Development (HUD) Lead
Hazard Control Grant Assistance
Award/Amendment for Lead Hazard Control
and Healthy Homes interventions to be com-
pleted in 120 units by September 2022. Upon
motion the documents were received, filed and
approved.
8. Civil Service Commission Certified Lists:
Civil Service Commission submitting the Certi-
fied Lists for the positions of Water Distribution
Maintenance Worker and Help Desk Support
Technician. Upon motion the documents were
received, filed and made a Matter of Record.
March 7, 2019
Honorable Mayor and Members of the City
Council
In accordance with Chapter 400 of the
Code of Iowa, an entrance examination for the
position of Water Distribution Maintenance
Worker was administered on February 5 and
February 19, 2019 (make-up date due to in-
clement weather on Feb. 5). We hereby certify
that the individuals listed below have passed
this written examination and the vacancy for
this position should be made from this list and
that this list is good for one (1) year from
above date.
Water Distribution Maintenance Worker
1. Jeffrey Mills, 2. Luke Rupp, 3. Justin Birch,
4. Donald Mergen, 5. Dustin Allen, 6. Jason
McCann, 7. Nicholas Ansel, 8. Scott
Schlickman II, 9. Justin Steckel, 10. Christo-
pher Weifenbach, 11. Jeffrey Theisen, 12.
Andrew Fonck, 13. Joseph Murphy, 14. Ste-
ven Valentine, 15. Benjamin Juran, 16. Josh
Reiger
Respectfully submitted,
/s/Dan White,
Chairman Civil Service Commission
March 7, 2019
Honorable Mayor and Members of the City
Council
In accordance with Chapter 400 of the
Code of Iowa, an examination for the position
of Help Desk Support Technician was adminis-
tered via “take-home” examination. We hereby
certify that the individuals listed below have
passed this “take-home” examination and the
vacancy for this position should be made from
this list and that this list is good for one (1)
year from the above date.
Help Desk Support Technician
1. Thomas Swift, 2. John Del Degan, 3. Robert
Dunigan, 4. Joe LuGrain, 5. Jay Gonzales, Jr.,
6. Collin McCalley, 7. Roan D’Souza, 8. Tonya
103 Regular Session March 18, 2019 Book 149
Fredrickson, 9. Daniel Prejmak, 10. Justin
Briggs, 11. Ted Pillard, 12. Jason Bickal, 13.
Christopher Cruz, 14. Yanely Nordin, 15.
Nicole Hill, 16. Brenda Morris, 17. Jeffrey
Fulton, 18. Wayne Harvey, 19. David
Hasken, 20. Michael Heeren, 21. Brian Kirk,
22. Chrisney Ricketts
Respectfully submitted,
/s/Dan White,
Chairman Civil Service Commission
9. Grand River Center Second Amendment
to Management Agreement: City Manager
recommending approval of the Second
Amendment to the Grand River Center Facility
Management Agreement between the City of
Dubuque and Platinum Hospitality Group ex-
tending the Agreement to May 25, 2020. Upon
motion the documents were received and filed,
and Resolution No. 93-19 Approval of a Sec-
ond Amendment to the Facility Management
Agreement between the City of Dubuque, Iowa
and Platinum Hospitality Group, LLC was
adopted.
RESOLUTION NO. 93-19
SECOND AMENDMENT TO THE FACILITY
MANAGEMENT AGREEMENT BETWEEN
THE CITY OF DUBUQUE, IOWA AND PLAT-
INUM HOSPITALITY GROUP, LLC
Whereas, Platinum Hospitality Group, LLC
(Manager) and the City of Dubuque, Iowa
(City) entered into a Facility Management
Agreement (the Agreement) dated the 20th
day of May, 2013 for the purpose of Manager
performing the management services for the
Grand River Center (Facility) described in that
Agreement; and
Whereas, by Amendment dated April 4,
2016, the Term of the Agreement was extend-
ed to May 29, 2019; and
Whereas, City and Manager now desire to
further amend the Facility Management
Agreement by extending the Term to May 29,
2020.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Second Amendment at-
tached hereto is hereby approved on behalf of
the City of Dubuque.
Section 2. That the Mayor is hereby au-
thorized to execute the Second Amendment
on behalf of the City of Dubuque.
Passed, approved and adopted this 18th
day of March 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
10. Acceptance of Grants of Easements for
Water Main and Sanitary Sewer Utilities from
Property Owners on Marquette Place: City
Manager recommending acceptance of Grants
of Easement for Water Main and Sanitary
Sewer Utilities across properties on Marquette
Place in the City of Dubuque as part of the
Marquette Place Street Sanitary Sewer and
Water Main Reconstruction Project. Upon mo-
tion the documents were received and filed,
and Resolution No. 94-19 Accepting Grants of
Easement for certain public utilities associated
with the Marquette Place Sanitary Sewer &
Water Main Reconstruction Project in the City
of Dubuque, Iowa was adopted.
RESOLUTION NO. 94-19
ACCEPTING GRANTS OF EASEMENT FOR
CERTAIN PUBLIC UTILITIES ASSOCIATED
WITH THE MARQUETTE PLACE SANITARY
SEWER & WATER MAIN RECONSTRUC-
TION PROJECT, IN THE CITY OF DUBU-
QUE, IOWA
Whereas, Garry J. and Julie A. Redman,
have executed a Grant of Easement for Sani-
tary Sewer Utility across Part of Lot 1 of
Zurcher Subdivision, in the City of Dubuque,
Iowa, in the City of Dubuque, Iowa; and
Whereas, Kathleen C. Kruse, has executed
a Grant of Easement for Water Main and Sani-
tary Sewer Utility across Part of Lot 2 of
Zurcher Subdivision, in the City of Dubuque,
Iowa; and
Whereas, Michael R. and Jill C. Pankow,
have executed a Grant of Easement for Water
Main and Sanitary Sewer Utility across Part of
Lot 2-2-3 and Lot 4 of Audubon Addition, in the
City of Dubuque, Iowa; and
Whereas, Lisa B. Towers, has executed a
Grant of Easement for Water Main and Sani-
tary Sewer Utility across Part of Lot 5 of Audu-
bon Addition, in the City of Dubuque, Iowa;
and
Whereas, James A. and Linda Link, have
executed a Grant of Easement for Water Main
and Sanitary Sewer Utility across Part of Lot 6
of Audubon Addition, in the City of Dubuque,
Iowa; and
Whereas, Rebekah J. Matthews, has exe-
cuted a Grant of Easement for Water Main and
Sanitary Sewer Utility across Part of Lot 7 of
Audubon Addition, in the City of Dubuque,
Iowa; and
Whereas, Eric C. and Jennifer Johnson,
have executed a Grant of Easement for Water
Main and Sanitary Sewer Utility across Part of
Lot 8 of Audubon Addition, in the City of
Dubuque, Iowa; and
Whereas, Roger C. and Constance M.
Powell, have executed a Grant of Easement
for Water Main and Sanitary Sewer Utility
across Part of Lot 9 of Audubon Addition, in
the City of Dubuque, Iowa; and
Whereas, Stacy L. Gage and William L.
Peterson, have executed a Grant of Easement
for Water Main and Sanitary Sewer Utility
104 Regular Session March 18, 2019 Book 149
across Part of Lot 10 of Audubon Addition, in
the City of Dubuque, Iowa; and
Whereas, Ethan J. Lembke, has executed
a Grant of Easement for Water Main and Sani-
tary Sewer Utility across Part of Lot 11 of
Audubon Addition, in the City of Dubuque,
Iowa; and
Whereas, Matthew J. and Spring J. Con-
nolly, have executed a Grant of Easement for
Water Main and Sanitary Sewer Utility across
Part of Lot 12 of Audubon Addition, in the City
of Dubuque, Iowa; and
Whereas, Donna M. Evarts and Leon R.
Gillenwater, have executed a Grant of Ease-
ment for Water Main and Sanitary Sewer Utility
across Part of Lot 13 of Audubon Addition, in
the City of Dubuque, Iowa; and
Whereas, Leslie J. and John L. Sweeney,
have executed a Grant of Easement for Wa ter
Main and Sanitary Sewer Utility across Part of
Lot 14 of Audubon Addition, in the City of
Dubuque, Iowa; and
Whereas, Jandell R. and Christopher L.
Gallagher, have executed a Grant of Ease-
ment for Water Main and Sanitary Sewer Utility
across Part of Lot 15 of Audubon Addition, in
the City of Dubuque, Iowa; and
Whereas, Christopher M. Hefel, has exe-
cuted a Grant of Easement for Water Main and
Sanitary Sewer Utility across Part of Lot 1 of
Hefel Place, in the City of Dubuque, Iowa.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of
Dubuque, Iowa, hereby approves of, accepts
and consents to the Grants of Easement for
Water Main and Sanitary Sewer Utility, and the
Grant of Easement for Sanitary Sewer Utility,
across the properties as listed above, in the
City of Dubuque, Iowa from the property own-
ers as listed above, copies of which are at-
tached hereto.
Section 2. The Mayor is hereby authorized
and directed to execute and acknowledge on
behalf of the City of Dubuque any instruments
in connection herewith.
Section 3. That the City Clerk be and is
hereby authorized and directed to record a
certified copy of this resolution with each said
Grant of Easement for Water Main and Sani-
tary Sewer Utility, in the offices of the City As-
sessor, Dubuque County Recorder and Dubu-
que County Auditor.
Passed, approved and adopted this 18th
day of March 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
11. AT&T Comments on Small Cell Guide-
lines: Senior Counsel submitting correspond-
ence from AT&T regarding the City of Dubu-
que's Small Cell Guidelines adopted at the
January 7, 2019 City Council meeting. Upon
motion the documents were received and filed.
12. Care Initiatives Property Tax Appeal
Settlement: Senior Counsel transmitting a
Property Tax Appeal settlement advising that
the Care Initiatives property at 2835 Kaufmann
Avenue be classified as residential. Upon mo-
tion the documents were received and filed.
13. McCarthy et al. vs. DRA, Q Casino, Hil-
ton Garden Inn, and City of Dubuque: Senior
Counsel providing an update of the negligence
lawsuit brought by Kathleen McCarthy on be-
half of Matthew McCarthy. Upon motion the
documents were received and filed.
14. Q Casino Request for Pyrotechnics
Display: Q Casino requesting approval of a
Fireworks Permit Application for a display of
pyrotechnics on April 13, 2019 and April 28,
2019 at approximately 8:00 p.m. for a perfor-
mance inside the Q Casino. Upon motion the
document was received, filed and approved.
15. Public, Educational, and Government
(PEG) Capital Grant Expenditure Request:
City Manager recommending approval of the
Cable TV Commission's request for funding
from the Public, Educational, and Government
(PEG) Capital Grant for Access Equipment
and Facilities to purchase equipment for Loras
College and the City of Dubuque. Upon motion
the documents were received, filed and ap-
proved.
16. Four Mounds Park Ecological Restora-
tion Plan: City Manager recommending ap-
proval and adoption of the Four Mounds Park
Ecological Restoration Plan. Upon motion the
documents were received, filed and approved.
17. State of Iowa Business Financial Assis-
tance Contract by and among Dupaco Voices,
LLC; Dupaco RE Management, LLC; Dupaco
Holding, LLC; Dupaco Community Credit Un-
ion; City of Dubuque; and Iowa Economic De-
velopment Authority: City Manager recom-
mending approval of a State of Iowa Business
Financial Assistance Contract by and among
Dupaco Voices LLC; Dupaco RE Manage-
ment, LLC; Dupaco Holding, LLC; Dupaco
Community Credit Union; the City of Dubuque;
and the Iowa Economic Development Authority
for the investment in Dupaco’s Dubuque oper-
ations. Upon motion the documents were re-
ceived and filed, and Resolution No. 95-19
Authorizing the execution of a Contract for
State Business Financial Assistance by and
among Dupaco Voices LLC; Dupaco Re Man-
agement, LLC; Dupaco Holding, LLC; Dupaco
Community Credit Union; City of Dubuque;
105 Regular Session March 18, 2019 Book 149
and the Iowa Economic Development Authority
was adopted.
RESOLUTION NO. 95-19
AUTHORIZING THE EXECUTION OF A
CONTRACT FOR STATE BUSINESS FI-
NANCIAL ASSISTANCE BY AND AMONG
DUPACO VOICES, LLC; DUPACO RE MAN-
AGEMENT, LLC; DUPACO HOLDING, LLC;
DUPACO COMMUNITY CREDIT UNION;
CITY OF DUBUQUE, AND THE IOWA ECO-
NOMIC DEVELOPMENT AUTHORITY
Whereas, Dupaco Voices LLC, Dupaco RE
Management LLC, Dupaco Holding, LLC, and
Dupaco Community Credit Union have pro-
posed making a Thirty-Eight Million Dollar
($38,000,000.00) investment for the creation of
82,800 square feet of office space in the rede-
velopment of the five-story Voices Building at
1000 Jackson Street 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 con-
tribute to the local economy through the crea-
tion of forty (40) full-time jobs in the City; and
Whereas, financial assistance from the Io-
wa 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 Eco-
nomic Development Assistance Contract in
order to finalize incentives and document as-
sociated terms for the Project.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the execution of the Eco-
nomic Development Assistance Contract
19HQJP-018 for participation in the Iowa Eco-
nomic Development Authority’s Financial As-
sistance Program on behalf of Dupaco Voices
LLC, Dupaco Re Management LLC, Dupaco
Holding, LLC, and Dupaco Community Credit
Union, a copy of which is attached hereto, is
hereby approved.
Section 2. That the Mayor is hereby au-
thorized to execute and the City Manager is
hereby directed to submit the Economic De-
velopment Assistance Contract to the Iowa
Economic Development Authority together with
such other documents as may be required.
Passed, approved, and adopted this 18th
day of March 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
18. Urban Sustainability Director's Network
(USDN) Equity, Diversity and Inclusion Fellow
Position: City Manager recommending ap-
proval of a temporary, full-time Urban Sustain-
ability Director’s Network (USDN) Equity, Di-
versity and Inclusion Fellow to be hosted in
Dubuque for twelve weeks during the summer
of 2019. Upon motion the documents were
received, filed and approved.
19. Complete Action on Stormwater Man-
agement Utility Revenue Capital Loan Notes,
Series 2019 (State of Iowa Revolving Fund
Loan): City Manager recommending approval
of the suggested proceedings to complete
action required on the Stormwater Revenue
Capital Loan Notes Series 2019 (State of Iowa
Revolving Fund Loan). Upon motion the doc-
uments were received and filed, and Resolu-
tion No. 96-19 Approving and authorizing a
Form of Loan and Disbursement Agreement
by and between the City of Dubuque, Iowa and
the Iowa Finance Authority, and authorizing
and providing for the issuance and securing
the payment of $16,382,000 Stormwater Man-
agement Utility Revenue Capital Loan Notes,
Series 2019, of the City of Dubuque, Iowa un-
der the provisions of the Code of Iowa, and
providing for a Method of Payment of said
Notes; approval of the Tax Exemption Certifi-
cate was adopted.
RESOLUTION NO. 96-19
APPROVING AND AUTHORIZING A FORM
OF LOAN AND DISBURSEMENT AGREE-
MENT BY AND BETWEEN THE CITY OF
DUBUQUE, IOWA AND THE IOWA FINANCE
AUTHORITY, AND AUTHORIZING AND
PROVIDING FOR THE ISSUANCE AND SE-
CURING THE PAYMENT OF $16,382,000
STORMWATER MANAGEMENT UTILITY
REVENUE CAPITAL LOAN NOTES, SERIES
2019, OF THE CITY OF DUBUQUE, IOWA,
UNDER THE PROVISIONS OF THE CODE
OF IOWA, AND PROVIDING FOR A METH-
OD OF PAYMENT OF SAID NOTES; AP-
PROVAL OF THE TAX EXEMPTION CERTIF-
ICATE
Whereas, the City Council of the City of
Dubuque, Iowa, sometimes hereinafter re-
ferred to as the "Issuer", has heretofore estab-
lished charges, rates and rentals for services
which are and will continue to be collected as
system revenues of the municipal stormwater
management utility system, sometimes here-
inafter referred to as the "System", and reve-
nues are available for the payment of Storm-
water Management Utility Revenue Capital
Loan Notes, Series 2019, subject to the follow-
ing premises; and
Whereas, Issuer proposes to issue its
Stormwater Management Utility Revenue Cap-
ital Loan Notes, Series 2019, to the extent of
$16,382,000, for the purpose of defraying the
costs of the Project as set forth in Section 1 of
this Resolution; and, it is deemed necessary
and advisable and in the best interests of the
City that a form of Loan and Disbursement
106 Regular Session March 18, 2019 Book 149
Agreement by and between the City and the
Iowa Finance Authority, be approved and au-
thorized; and
Whereas, there were previously issued the
(i) $998,000 Stormwater Utility Revenue Capi-
tal Loan Note, Series 2010B, dated January
13, 2010; (ii) $7,850,000 Stormwater Utility
Revenue Capital Loan Note, Series 2010G,
dated October 27, 2010; (iii)
$1,029,000 Stormwater Utility Revenue
Capital Loan Notes, Taxable Series 2014A,
dated February 28, 2014; and the $29,541,000
Stormwater Utility Revenue Capital Loan
Notes, Series 2015B, dated June 19, 2015,
amended as of September 8, 2017 to increase
the principal amount to $30,941,000, part of
which remain outstanding and are a lien on the
Net Revenues of the System (the "Outstanding
Obligations"). In the resolution authorizing the
issuance of the Outstanding Obligations it is
provided that additional revenue notes or
bonds may be issued on a parity with the out-
standing notes or bonds, for the costs of future
improvements and extensions to the System,
provided that there has been procured and
placed on file with the City Clerk, a statement
complying with the conditions and limitations
therein imposed upon the issuance of said
parity notes or bonds; and
Whereas, the Original Purchaser of the
current issue of Notes also purchased and
holds the Outstanding Obligations issue and
has waived any requirement in the resolution
authorizing the Outstanding Obligations to
obtain a "parity certificate" from an independ-
ent auditor, and hereby consents to the current
issue on an equal parity to the Outstanding
Obligations; and
Whereas, the notice of intention of Issuer
to take action for the issuance of $16,382,000
Stormwater Management Utility Revenue Cap-
ital Loan Notes, Series 2019, has heretofore
been duly published, no objections or petition
related to such proposed action was filed, and
the Issuer has held a public meeting and taken
additional action for the issuance and is now
authorized to proceed.
NOW, THEREFORE, BE IT RESOLVED
BY THE City Council OF THE City of Dubu-
que, STATE OF IOWA:
Section 1. Definitions. The following terms
shall have the following meanings in this Reso-
lution unless the text expressly or by neces-
sary implication requires otherwise:
• "Additional Obligations" shall
mean any stormwater manage-
ment utility revenue bonds or
notes or other obligations issued
on a parity with the Notes in ac-
cordance with the provisions of
Section 21 hereof.
• "Agreement" shall mean a Loan
and Disbursement Agreement
dated as of the Closing between
the City and the Original Pur-
chaser relating to the Loan made
to the City under the Program.
• " City Clerk" shall mean the City
Clerk or such other officer of the
successor Governing Body as
shall be charged with substantially
the same duties and responsibili-
ties.
• "Closing" shall mean the date of
delivery of the Note to the Original
Purchaser and the funding of the
Loan.
• "Corporate Seal" shall mean the
official seal of the Issuer adopted
by the Governing Body.
• "Fiscal Year" shall mean the
twelve months' period beginning
on July 1 of each year and ending
on the last day of June of the fol-
lowing year, or any other consec-
utive twelve-month period adopt-
ed by the Governing Body or by
law as the official accounting pe-
riod of the System; provided, that
the requirements of a fiscal year
as expressed in this Resolution
shall exclude any payment of
principal or interest falling due on
the first day of the fiscal year and
include any payment of principal
or interest falling due on the first
day of the succeeding fiscal year.
• "Governing Body" shall mean the
City Council, or its successor in
function with respect to the opera-
tion and control of the System.
• "Independent Auditor" shall mean
an independent firm of certified
public accountants or the Auditor
of State.
• "Issuer" and "City" shall mean the
City of Dubuque, Iowa.
• "Loan" shall mean the principal
amount allocated by the Original
Purchaser to the City under the
Program, equal in amount to the
principal amount of the Notes.
• "Net Revenues" shall mean gross
earnings of the System after de-
duction of Current Expenses;
"Current Expenses" shall mean
and include the reasonable and
necessary cost of operating,
maintaining, repairing and insur-
ing the System, including pur-
chases at wholesale, if any, sala-
ries, wages, and costs of materi-
als and supplies, but excluding
107 Regular Session March 18, 2019 Book 149
depreciation and principal of and
interest on the Notes and any
Parity Obligations or payments to
the various funds established
herein; capital costs, depreciation
and interest or principal payments
are not System expenses.
• "Notes" or "Note" shall mean the
$16,382,000 Stormwater Man-
agement Utility Revenue Capital
Loan Notes, Series 2019, author-
ized to be issued by this Resolu-
tion.
• "Original Purchaser" shall mean
the Iowa Finance Authority, as the
purchaser of the Notes from Issu-
er at the time of their original is-
suance.
• “Outstanding Obligations” shall
mean the (i) $998,000 Stormwater
Utility Revenue Capital Loan
Note, Series 2010B, dated Janu-
ary 13, 2010; (ii)
• $7,850,000 Stormwater Utility
Revenue Capital Loan Note, Se-
ries 2010G, dated October 27,
2010; (iii) $1,029,000 Stormwater
Utility Revenue Capital Loan
Notes, Taxable Series 2014A,
dated February 28, 2014; and the
$29,541,000 Stormwater Utility
Revenue Capital Loan Notes, Se-
ries 2015B, dated June 19, 2015,
amended as of September 8,
2017 to increase the principal
amount to
• $30,941,000, which obligations
are still outstanding and unpaid
and remain a lien on the Net Rev-
enues of the System.
• "Parity Obligations" shall mean
notes or bonds payable solely
from the Net Revenues of the
System on an equal basis with the
Notes herein authorized to be is-
sued and shall include Additional
Obligations as authorized to be
issued under the terms of this
Resolution and the Outstanding
Obligations.
• "Paying Agent" shall mean the
Budget/Finance Director, or such
successor as may be approved by
Issuer as provided herein and
who shall carry out the duties pre-
scribed herein as Issuer's Agent
to provide for the payment of prin-
cipal of and interest on the Notes
as the same shall become due.
• "Permitted Investments" shall
mean any investments permitted
in Iowa Code chapter 12B or sec-
tion 12C.9. All interim investments
must mature before the date on
which the moneys are required for
payment of principal and interest
on the Notes or project costs.
• "Prior Note Resolution(s)" shall
mean the resolutions of the City
Council authorizing the issuance
of the Outstanding Obligations.
• "Program" shall mean the Iowa
Water Pollution Control Works Fi-
nancing Program undertaken by
the Original Purchaser.
• "Project" shall mean the costs of
acquisition, construction, recon-
struction, extending, remodeling,
improving, repairing and equip-
ping all or part of the Stormwater
Management Utility, including
land acquisition, engineering and
construction of the Upper Bee
Branch Creek Railroad Culverts
Project, part of Phase 7 of the
Bee Branch Watershed Flood Mit-
igation Project, also known as the
Upper Bee Branch Creek Resto-
ration Project.
• "Project Fund" shall mean the
Loan Account under the Program
for the benefit of the Issuer, into
which the proceeds of the Loan
and the Note shall be allocated
and held until disbursed to pay
Project costs.
• "Rebate Fund" shall mean the
fund so defined in and established
pursuant to the Tax Exemption
Certificate.
• "Registrar" shall be the Budg-
et/Finance Director, or such suc-
cessor as may be approved by Is-
suer as provided herein and who
shall carry out the duties pre-
scribed herein with respect to
maintaining a register of the own-
ers of the Notes. Unless other-
wise specified, the Registrar shall
also act as Transfer Agent for the
Notes.
• "System" shall mean the munici-
pal stormwater management utili-
ty system of the Issuer and all
properties of every nature herein-
after owned by the Issuer com-
prising part of or used as a part of
the System, including all im-
provements and extensions made
by Issuer while any of the Notes
or Parity Obligations remain out-
standing; all real and personal
property; and all appurtenances,
108 Regular Session March 18, 2019 Book 149
contracts, leases, franchises and
other intangibles.
• "Tax Exemption Certificate" shall
mean the Tax Exemption Certifi-
cate executed by the Treasurer
and delivered at the time of issu-
ance and delivery of the Notes.
• "Treasurer" shall mean the Budg-
et/Finance Director or such other
officer as shall succeed to the
same duties and responsibilities
with respect to the recording and
payment of the Notes issued
hereunder.
• "Yield Restricted" shall mean re-
quired to be invested at a yield
that is not materially higher than
the yield on the Notes under Sec-
tion 148(a) of the Internal Reve-
nue Code or regulations issued
thereunder.
Section 2. Authority. The Agreement and
the Notes authorized by this Resolution shall
be issued pursuant to Section 384.84A of the
Code of Iowa, and in compliance with all appli-
cable provisions of the Constitution and laws
of the State of Iowa. The Agreement shall be
substantially in the form attached to this Reso-
lution and is authorized to be executed and
issued on behalf of the Issuer by the Mayor
and attested by the City Clerk.
Section 3. Authorization and Purpose.
There are hereby authorized to be issued, one
negotiable, fully registered Revenue Note of
the City of Dubuque, in the County of Dubu-
que, Iowa, each to be designated as "Storm-
water Management Utility Revenue Capital
Loan Note, Series 2019", in the aggregate
amount of $16,382,000, for the purpose of
paying costs of the Project. The City Council,
pursuant to Section 384.84A of the Code of
Iowa, hereby finds and determines that it is
necessary and advisable to issue said Note
authorized by the Agreement and this Resolu-
tion.
Section 4. Source of Payment. The Notes
herein authorized and Parity Obligations and
the interest thereon shall be payable solely
and only out of the Net Revenues of the Sys-
tem and shall be a first lien on the future Net
Revenues of the System. The Notes shall not
be general obligations of the Issuer nor shall
they be payable in any manner by taxation and
the Issuer shall be in no manner liable by rea-
son of the failure of the said Net Revenues to
be sufficient for the payment of the Notes.
Section 5. Note Details. Stormwater Man-
agement Utility Revenue Capital Loan Notes,
Series 2019, of the City in the amount of
$16,382,000, shall be issued to evidence the
obligations of the Issuer under the Agreement
pursuant to the provisions of Section 384.84A
of the Code of Iowa for the aforesaid purpose.
The Notes shall be designated "STORM-
WATER MANAGEMENT UTILITY REVENUE
CAPITAL LOAN NOTE, SERIES 2019", 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 Agree-
ment, until payment thereof, at the office of the
Paying Agent, said interest payable on June 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
Schedule attached to the Agreement as Exhib-
it A and incorporated herein by this reference.
As set forth on said Debt Service Schedule,
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 in-
stallment 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 Schedule until
completion of the Project, at which time the
final Debt Service Schedule shall be deter-
mined based upon actual advancements, final
costs and completion of the Project, all as pro-
vided in the administrative rules governing the
Program. Payment of principal and interest on
the Notes shall at all times conform to said
Debt Service Schedule and the rules of the
Program. The Notes shall be executed by the
manual or facsimile signature of the Mayor and
attested by the manual or facsimile signature
of the Clerk, and impressed or imprinted with
the seal of the City and shall be fully registered
as to both principal and interest as provided in
this Resolution; principal, interest and premi-
um, if any, shall be payable at the office of the
Paying Agent by mailing of a check, wire trans-
fer or automated clearing house system trans-
fer to the registered owner of the Note. The
Notes shall be in the denomination of $1,000
or multiples thereof and may at the request of
the Original Purchaser be initially issued as a
single Note in the denomination of
$16,382,000 and numbered R-1.
Section 6. Initiation Fee and Servicing Fee.
In addition to the payment of principal of and
interest on the Notes, the Issuer also agrees to
pay the Initiation Fee and the Servicing Fee as
defined and in accordance with the terms of
the Agreement.
Section 7. Redemption. The Notes are
subject to optional redemption at a price of par
plus accrued interest (i) on any date upon re-
ceipt of written consent of the Original Pur-
chaser or (ii) in the event that all or substantial-
ly all of the Project is damaged or destroyed.
Any optional redemption of the Notes may be
made from any funds regardless of source, in
109 Regular Session March 18, 2019 Book 149
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 registered owner of the Note). The
terms of redemption shall be par, plus accrued
interest to date of call. The Notes are also sub-
ject to mandatory redemption as set forth in
Section 5 of the Agreement.
Section 8. Registration of Notes; Appoint-
ment of Registrar; Transfer; Ownership; Deliv-
ery; and Cancellation.
a. Registration. The ownership of
Notes may be transferred only by the
making of an entry upon the books kept
for the registration and transfer of own-
ership of the Notes, and in no other
way. The Treasurer is hereby appoint-
ed as Note Registrar under the terms of
this Resolution. Registrar shall maintain
the books of the Issuer for the registra-
tion of ownership of the Notes for the
payment of principal of and interest on
the Notes as provided in this Resolu-
tion. All Notes shall be negotiable as
provided in Article 8 of the Uniform
Commercial Code subject to the provi-
sions for registration and transfer con-
tained in the Notes and in this Resolu-
tion.
b. Transfer. The ownership of any
Note may be transferred only upon the
Registration Books kept for the regis-
tration and transfer of Notes and only
upon surrender thereof at the office of
the Registrar together with an assign-
ment duly executed by the holder or his
duly authorized attorney in fact in such
form as shall be satisfactory to the
Registrar, along with the address and
social security number or federal em-
ployer identification number of such
transferee (or, if registration is to be
made in the name of multiple individu-
als, of all such transferees). In the
event that the address of the registered
owner of a Note (other than a regis-
tered owner which is the nominee of
the broker or dealer in question) is that
of a broker or dealer, there must be
disclosed on the Registration Books the
information pertaining to the registered
owner required above. Upon the trans-
fer of any such Note, a new fully regis-
tered Note, of any denomination or de-
nominations permitted by this Resolu-
tion in aggregate principal amount
equal to the unmatured and unre-
deemed principal amount of such trans-
ferred fully registered Note, and bear-
ing interest at the same rate and matur-
ing on the same date or dates shall be
delivered by the Registrar.
c. Registration of Transferred
Notes. In all cases of the transfer of the
Notes, the Registrar shall register, at
the earliest practicable time, on the
Registration Books, the Notes, in ac-
cordance with the provisions of this
Resolution.
d. Ownership. As to any Note, the
person in whose name the ownership
of the same shall be registered on the
Registration Books of the Registrar
shall be deemed and regarded as the
absolute owner thereof for all purposes,
and payment of or on account of the
principal of any such Notes and the
premium, if any, and interest thereon
shall be made only to or upon the order
of the registered owner thereof or his
legal representative. All such payments
shall be valid and effectual to satisfy
and discharge the liability upon such
Note, including the interest thereon, to
the extent of the sum or sums so paid.
e. Cancellation. All Notes which
have been redeemed shall not be reis-
sued but shall be cancelled by the Reg-
istrar. All Notes which are cancelled by
the Registrar shall be destroyed and a
Certificate of the destruction thereof
shall be furnished promptly to the Issu-
er; provided that if the Issuer shall so
direct, the Registrar shall forward the
cancelled Notes to the Issuer.
f. Non-Presentment of Notes. In the
event any payment check representing
payment of principal of or interest on
the Notes is returned to the Paying
Agent or if any note is not presented for
payment of principal at the maturity or
redemption date, if funds sufficient to
pay such principal of or interest on
Notes shall have been made available
to the Paying Agent for the benefit of
the owner thereof, all liability of the Is-
suer to the owner thereof for such in-
terest or payment of such Notes shall
forthwith cease, terminate and be com-
pletely discharged, and thereupon it
shall be the duty of the Paying Agent to
hold such funds, without liability for in-
terest thereon, for the benefit of the
owner of such Notes who shall thereaf-
ter be restricted exclusively to such
funds for any claim of whatever nature
on his part under this Resolution or on,
or with respect to, such interest or
Notes. The Paying Agent's obligation to
hold such funds shall continue for a pe-
riod equal to two years and six months
following the date on which such inter-
est or principal became due, whether at
maturity, or at the date fixed for re-
demption thereof, or otherwise, at
110 Regular Session March 18, 2019 Book 149
which time the Paying Agent, shall sur-
render any remaining funds so held to
the Issuer, whereupon any claim under
this Resolution by the Owners of such
interest or Notes of whatever nature
shall be made upon the Issuer.
Section 9. Reissuance of Mutilated, De-
stroyed, Stolen or Lost Notes. In case any
outstanding Note shall become mutilated or be
destroyed, stolen or lost, the Issuer shall at the
request of Registrar authenticate and deliver a
new Note of like tenor and amount as the Note
so mutilated, destroyed, stolen or lost, in ex-
change and substitution for such mutilated
Note to Registrar, upon surrender of such mu-
tilated Note, or in lieu of and substitution for
the Note destroyed, stolen or lost, upon filing
with the Registrar evidence satisfactory to the
Registrar and Issuer that such Note has been
destroyed, stolen or lost and proof of owner-
ship thereof, and upon furnishing the Registrar
and Issuer with satisfactory indemnity and
complying with such other reasonable regula-
tions as the Issuer or its agent may prescribe
and paying such expenses as the Issuer may
incur in connection therewith.
Section 10. Record Date. Payments of
principal and interest, otherwise than upon full
redemption, made in respect of any Note, shall
be made to the registered holder thereof or to
their designated Agent as the same appear on
the books of the Registrar on the 15th day of
the month preceding the payment date. All
such payments shall fully discharge the obliga-
tions of the Issuer in respect of such Notes to
the extent of the payments so made. Upon
receipt of the final payment of principal, the
holder of the Note shall surrender the Note to
the Paying Agent.
Section 11. Execution, Authentication and
Delivery of the Notes. Upon the adoption of
this Resolution, the Mayor and City Clerk shall
execute the Notes by their manual or author-
ized signature and deliver the Notes to the
Registrar, who shall authenticate the Notes
and deliver the same to or upon order of the
Original Purchaser. No Note shall be valid or
obligatory for any purpose or shall be entitled
to any right or benefit hereunder unless the
Registrar shall duly endorse and execute on
such Note a Certificate of Authentication sub-
stantially in the form of the Certificate herein
set forth. Such Certificate upon any Note exe-
cuted on behalf of the Issuer shall be conclu-
sive evidence that the Note so authenticated
has been duly issued under this Resolution
and that the holder thereof is entitled to the
benefits of this Resolution.
Section 12. Right to Name Substitute Pay-
ing Agent or Registrar. Issuer reserves the
right to name a substitute, successor Registrar
or Paying Agent upon giving prompt written
notice to each registered noteholder.
Section 13. Form of Note. Notes shall be
printed in substantial compliance with stand-
ards proposed by the American Standards
Institute substantially in the form as [provided]:
Section 14. Equality of Lien. The timely
payment of principal of and interest on the
Notes and Parity Obligations shall be secured
equally and ratably by the Net Revenues of the
System without priority by reason of number or
time of sale or delivery; and the Net Revenues
of the System are hereby irrevocably pledged
to the timely payment of both principal and
interest as the same become due.
Section 15. Application of Note Proceeds
Project Fund. Proceeds of the Notes shall be
credited to the Project Fund and expended
therefrom for the purposes of issuance. Any
amounts on hand in the Project Fund shall be
available for the payment of the principal of or
interest on the Notes at any time that other
funds of the System shall be insufficient to the
purpose, in which event such funds shall be
repaid to the Project Fund at the earliest op-
portunity. Any balance on hand in the Project
Fund and not immediately required for its pur-
poses may be invested not inconsistent with
limitations provided by law, the Internal Reve-
nue Code and this Resolution.
Section 16. User Rates. There has hereto-
fore been established and published as re-
quired by law, just and equitable rates or
charges for the use of the service rendered by
the System. Said rates or charges shall be
paid by the owner of each and every lot, parcel
of real estate, or building that is connected
with and uses the System, by or through any
part of the System or that in any way uses or is
served by the System. Any revenue paid and
collected for the use of the System and its
services by the Issuer or any department,
agency or instrumentality of the Issuer shall be
used and accounted for in the same manner
as any other revenues derived from the opera-
tions of the System.
Section 17. Application of Revenues. From
and after the delivery of any Notes, and as
long as any of the Notes or Parity Obligations
shall be outstanding and unpaid either as to
principal or as to interest, or until all of the
Notes and Parity Obligations then outstanding
shall have been discharged and satisfied in the
manner provided in this Resolution, the entire
income and revenues of the System shall be
deposited as collected in a fund to be known
as the Stormwater Management Utility Reve-
nue Fund (the "Revenue Fund"),and shall be
disbursed only as follows:
The provisions in the Prior Note Resolu-
tion(s) whereby there was created and is to be
maintained a Stormwater Management Utility
Revenue Note Principal and Interest Sinking
Fund, and for the monthly payment into said
fund from the future Net Revenues of the Sys-
111 Regular Session March 18, 2019 Book 149
tem such portion thereof as will be sufficient to
meet the principal and interest of the Out-
standing Obligations, are hereby ratified and
confirmed, and all such provisions inure to and
constitute the security for the payment of the
principal and interest on Notes hereby author-
ized to be issued; provided, however, that the
amounts to be set aside and paid into the
Stormwater Management Utility Revenue Note
Principal and Interest Sinking Fund in equal
monthly installments from the earnings shall
be sufficient to pay the principal and interest
due each year, not only on the Outstanding
Obligations, but also the principal and interest
of the Notes herein authorized to be issued.
Section(s) 17, 19 and 21 of the Prior Note
Resolution(s) is/are hereby ratified, confirmed,
adopted and incorporated herein as a part of
this Resolution. Except as may be otherwise
provided in the above Prior Note Resolution(s),
proceeds of the Notes or other funds may be
invested in Permitted Investments.
Nothing in this Resolution shall be con-
strued to impair the rights vested in the Out-
standing Obligations. The amounts herein re-
quired to be paid into the various funds named
in this Section shall be inclusive of payments
required in respect to the Outstanding Obliga-
tions. The provisions of the legislation author-
izing the Outstanding Obligations and the pro-
visions of this Resolution are to be construed
wherever possible so that the same will not be
in conflict. In the event such construction is not
possible, the provisions of the resolution first
adopted shall prevail until such time as the
notes or bonds authorized by said resolution
have been paid in full or otherwise satisfied as
therein provided at which time the provisions
of this Resolution shall again prevail.
At such time as the Outstanding Obliga-
tions are paid and so long as the Notes or Par-
ity Obligations remain outstanding and unpaid
the same are discharged and satisfied in the
manner provided in this Resolution, the entire
income and revenues of the system shall be
deposited and collected in a fund to be known
as the Revenue Fund, and shall be disbursed
only as follows:
• Operation and Maintenance Fund.
Money in the Revenue Fund shall
first be disbursed to make depos-
its into a separate and special
fund to pay current expenses. The
fund shall be known as the
Stormwater Management Utility
Operation and Maintenance Fund
(the "Operation and Maintenance
Fund"). There shall be deposited
in the Operation and Maintenance
Fund each month an amount suf-
ficient to meet the current ex-
penses of the month plus an
amount equal to 1/12th of ex-
penses payable on an annual ba-
sis such as insurance. After the
first day of the month, further de-
posits may be made to this ac-
count from the Revenue Fund to
the extent necessary to pay cur-
rent expenses accrued and paya-
ble to the extent that funds are not
available in the Surplus Fund.
• Sinking Fund. Money in the Rev-
enue Fund shall next be dis-
bursed to make deposits into a
separate and special fund to pay
principal of and interest on the
Notes and Parity Obligations. The
fund shall be known as the
Stormwater Management Utility
Revenue Note Principal and In-
terest Sinking Fund (the "Sinking
Fund"). The required amount to
be deposited in the Sinking Fund
in any month shall be an amount
equal to 1/6th of the installment of
interest coming due on the next
interest payment date on the then
outstanding Notes and Parity Ob-
ligations, plus 1/12th of the in-
stallment of principal coming due
on such Notes on the next suc-
ceeding principal payment date
until the full amount of such in-
stallment is on hand. If for any
reason the amount on hand in the
Sinking Fund exceeds the re-
quired amount, the excess shall
forthwith be withdrawn and paid
into the Revenue Fund. Money in
the Sinking Fund shall be used
solely for the purpose of paying
principal of and interest on the
Notes and Parity Obligations as
the same shall become due and
payable.
• Subordinate Obligations. Money
in the Revenue Fund may next be
used to pay principal of and inter-
est on (including reasonable re-
serves therefor) any other obliga-
tions which by their terms shall be
payable from the revenues of the
System, but subordinate to the
Notes and Parity Obligations, and
which have been issued for the
purposes of extensions and im-
provements to the System or to
retire the Notes or Parity Obliga-
tions in advance of maturity, or to
pay for extraordinary repairs or
replacements to the System.
• Surplus Revenue. All money
thereafter remaining in the Reve-
nue Fund at the close of each
112 Regular Session March 18, 2019 Book 149
month may be deposited in any of
the funds created by this Resolu-
tion, to pay for extraordinary re-
pairs or replacements to the Sys-
tem, or may be used to pay or re-
deem the Notes or Parity Obliga-
tions, any of them, or for any law-
ful purpose.
• Money in the Revenue Fund shall
be allotted and paid into the vari-
ous funds and accounts hereinbe-
fore referred to in the order in
which said funds are listed, on a
cumulative basis on the 10th day
of each month, or on the next
succeeding business day when
the 10th shall not be a business
day; and if in any month the mon-
ey in the Revenue Fund shall be
insufficient to deposit or transfer
the required amount in any of said
funds or accounts, the deficiency
shall be made up in the following
month or months after payments
into all funds and accounts enjoy-
ing a prior claim to the revenues
shall have been met in full.
Section 18. Investments. Moneys on hand
in the Project Fund and all of the funds provid-
ed by this Resolution may be invested only in
Permitted Investments or deposited in financial
institutions which are members of the Federal
Deposit Insurance Corporation, or its equiva-
lent successor, and the deposits of which are
insured thereby and all such deposits exceed-
ing the maximum amount insured from time to
time by FDIC or its equivalent successor in
any one financial institution shall be continu-
ously secured in compliance with Iowa Code
chapter 12C, or otherwise by a valid pledge of
direct obligations of the United States Gov-
ernment having an equivalent market value. All
investments shall mature before the date on
which the moneys are required for the purpos-
es for which the fund was created or otherwise
as herein provided. The provisions of this Sec-
tion shall not be construed to require the Issu-
er to maintain separate accounts for the funds
created by this Resolution.
The Sinking Fund shall be segregated in a
separate account but may be invested in the
same manner as other funds of the Issuer but
designated as a trust fund on the books and
records of the Issuer. The Sinking Fund shall
not be available for any other purposes other
than those specified in this Resolution.
All income derived from such investments
shall be deposited in the Revenue Fund and
shall be regarded as revenues of the System.
Investments shall at any time necessary be
liquidated and the proceeds thereof applied to
the purpose for which the respective fund was
created.
Section 19. Covenants Regarding the Op-
eration of the System. The Issuer hereby cov-
enants and agrees with each and every holder
of the Notes and Parity Obligations:
a. Maintenance and Efficiency. The
Issuer will maintain the System in good
condition and operate it in an efficient
manner and at reasonable cost.
b. Sufficiency of Rates. On or be-
fore the beginning of each Fiscal Year
the Governing Body will adopt or con-
tinue in effect rates for all services ren-
dered by the System determined to be
sufficient to produce Net Revenues for
the next succeeding Fiscal Year which
are (i) adequate to pay the principal
and interest requirements thereof and
to create or maintain the reserves as
provided in this Resolution, and (ii) not
less than 110 percent of the principal
and interest requirements of the next
succeeding Fiscal Year. No free use of
the System by the Issuer or any de-
partment, agency or instrumentality of
the Issuer shall be permitted except
upon the determination of the Govern-
ing Body that the rates and changes
otherwise in effect are sufficient to pro-
vide Net Revenues at least equal to the
requirements of this subsection.
c. Insurance. The Issuer shall main-
tain insurance for the benefit of the
Note. holders on the insurable portions
of the System of a kind and in an
amount which normally would be car-
ried by private companies engaged in a
similar kind of business. The proceeds
of any insurance, except public liability
insurance, shall be used to repair or
replace the part or parts of the System
damaged or destroyed, or if not so
used shall be placed in an improve-
ment fund for the benefit of the System.
d. Accounting and Audits. The Is-
suer will cause to be kept proper books
and accounts adapted to the System
and in accordance with generally ac-
cepted accounting practices and will
diligently act to cause the books and
accounts to be audited and reported
upon by an Independent Auditor and
will provide copies of the audit report to
the Department, all as provided in the
Agreement. The Original Purchaser
and holders of any of the Notes and
Parity Obligations shall have at all rea-
sonable times the right to inspect the
System and the records, accounts and
data of the Issuer relating thereto.
e. State Laws. The Issuer will faith-
fully and punctually perform all duties
with reference to the System required
by the Constitution and laws of the
113 Regular Session March 18, 2019 Book 149
State of Iowa, including the making and
collecting of reasonable and sufficient
rates for services rendered by the Sys-
tem as above provided, and will segre-
gate the revenues of the System and
apply said revenues to the funds speci-
fied in this Resolution.
f. Property. The Issuer will not sell,
lease, mortgage or in any manner dis-
pose of the System, or any capital part
thereof, including any and all exten-
sions and additions that may be made
thereto, until satisfaction and discharge
of all of the Notes and Parity Obliga-
tions shall have been provided for in
the manner provided in this Resolution;
provided, however, this covenant shall
not be construed to prevent the dispos-
al by the Issuer of property which in the
judgment of its Governing Body has
become inexpedient or unprofitable to
use in connection with the System, or if
it is to the advantage of the System that
other property of equal or higher value
be substituted therefor, and provided
further that the proceeds of the disposi-
tion of such property shall be placed in
a revolving fund to be used in prefer-
ence to other sources for capital im-
provements to the System. Any such
proceeds of the disposition of property
acquired with the proceeds of the
Notes or Parity Obligations shall not be
used to pay principal or interest on the
Notes and Parity Obligations or for
payments into the Sinking or Reserve
Funds.
g. Fidelity Bond. That the Issuer
shall maintain fidelity bond coverage in
amounts which normally would be car-
ried by private companies engaged in a
similar kind of business on each officer
or employee having custody of funds of
the System.
h. Additional Charges. The Issuer
will require proper connecting charges
and/or other security for the payment of
service charges.
i. Budget. The Governing Body of
the Issuer shall approve and conduct
operations pursuant to a system budget
of revenues and current expenses for
each Fiscal Year. Such budget shall
take into account revenues and current
expenses during the current and last
preceding Fiscal Years. Copies of such
budget and any amendments thereto
shall be mailed to the Original Pur-
chaser and to the Noteholders upon
request.
j. Loan and Disbursement Agree-
ment. The Issuer will comply with the
terms and conditions of the Loan and
Disbursement Agreement and perform
as provided thereunder.
Section 20. Remedies of Noteholders. Ex-
cept as herein expressly limited the holder or
holders of the Notes and Parity Obligations
shall have and possess all the rights of action
and remedies afforded by the common law,
the Constitution and statutes of the State of
Iowa, and of the United States of America, for
the enforcement of payment of their Notes and
interest thereon, and of the pledge of the Net
Revenues made hereunder, and of all cove-
nants of the Issuer hereunder.
Section 21. Prior Lien and Parity Obliga-
tions. The Issuer will issue no other notes,
bonds or obligations of any kind or nature pay-
able from or enjoying a lien or claim on the
property or Net Revenues of the System hav-
ing priority over the Notes or Parity Obliga-
tions.
Additional Obligations may be issued on a
parity and equality of rank with the Notes with
respect to the lien and claim of such Additional
Obligations to the Net Revenues of the System
and the money on deposit in the funds adopt-
ed by this Resolution, for the following purpos-
es and under the following conditions, but not
otherwise:
a. For the purpose of refunding any
of the Notes or Parity Obligations which
shall have matured or which shall ma-
ture not later than three months after
the date of delivery of such refunding
obligation and for the payment of which
there shall be insufficient money in the
Sinking Fund;
b. For the purpose of making ex-
tensions, additions, improvements or
replacements to the System, or refund-
ing any outstanding Notes, Parity Obli-
gations or other obligations issued for
such extensions, additions and im-
provements, if all of the following condi-
tions shall have been met:
i. before any such Additional
Obligations ranking on a parity are
issued, there will have been pro-
cured and filed with the Clerk, a
statement of an Independent Audi-
tor or Independent Municipal Advi-
sor, not a regular employee of the
Issuer, reciting the opinion based
upon necessary investigations that
the Net Revenues of the System for
the preceding Fiscal Year (with ad-
justments as hereinafter provided)
were equal to at least 1.10 times
the maximum amount that will be
required in any Fiscal Year prior to
the longest maturity of any of the
then outstanding Notes or Parity
Obligations for both principal of and
interest on all Notes or Parity Obli-
114 Regular Session March 18, 2019 Book 149
gations then outstanding which are
payable from the Net Revenues of
the System and the Additional Obli-
gations then proposed to be issued.
ii. For the purpose of determin-
ing the Net Revenues of the Sys-
tem for the preceding Fiscal Year
as aforesaid, the amount of the
gross revenues for such year may
be adjusted by an independent
consulting engineer, the Independ-
ent Auditor, or by an Independent
Municipal Advisor so as to reflect
any changes in the amount of such
revenues which would have result-
ed had any revision of the schedule
of rates or charges imposed at or
prior to the time of the issuance of
any such Additional Obligations
been in effect during all of such
preceding Fiscal Year.
iii. the Additional Obligations
must be payable as to principal and
as to interest on the same month
and day as the Notes herein author-
ized.
iv. for the purposes of this Sec-
tion, principal and interest falling
due on the first day of a Fiscal Year
shall be deemed a requirement of
the immediately preceding Fiscal
Year.
v. for the purposes of this Sec-
tion, general obligation bonds or
notes shall be refunded only upon a
finding of necessity by the Govern-
ing Body and only to the extent the
general obligation bonds or notes
were issued or the proceeds thereof
were expended for the System.
vi. for purposes of this Section,
"preceding Fiscal Year" shall be the
most recently completed Fiscal
Year for which audited financial
statements prepared by a certified
public accountant are issued and
available, but in no event a Fiscal
Year which ended more than eight-
een months prior to the date of is-
suance of the Additional Obliga-
tions.
Section 22. Disposition of Proceeds; Arbi-
trage Not Permitted. The Issuer reasonably
expects and covenants that no use will be
made of the proceeds from the issuance and
sale of the Notes issued hereunder which will
cause any of the Notes to be classified as arbi-
trage bonds within the meaning of Section
148(a) and (b) of the Internal Revenue Code of
the United States, and that throughout the
term of said Notes it will comply with the re-
quirements of said statute and regulations
issued thereunder.
To the best knowledge and belief of the Is-
suer, there are no facts or circumstances that
would materially change the foregoing state-
ments or the conclusion that it is not expected
that the proceeds of the Notes will be used in a
manner that would cause the Notes to be arbi-
trage bonds. Without limiting the generality of
the foregoing, the Issuer hereby agrees to
comply with the provisions of the Tax Exemp-
tion Certificate and the provisions of the Tax
Exemption Certificate are hereby incorporated
by reference as part of this Resolution. The
Treasurer is hereby directed to make and in-
sert all calculations and determinations neces-
sary to complete the Tax Exemption Certificate
in all respects and to execute and deliver the
Tax Exemption Certificate at issuance of the
Notes to certify as to the reasonable expecta-
tions and covenants of the Issuer at that date.
The Issuer covenants that it will treat as
Yield Restricted any proceeds of the Notes
remaining unexpended after three years from
the issuance and any other funds required by
the Tax Exemption Certificate to be so treated.
If any investments are held with respect to the
Notes and Parity Obligations, the Issuer shall
treat the same for the purpose of restricted
yield as held in proportion to the original prin-
cipal amounts of each issue.
The Issuer covenants that it will exceed
any investment yield restriction provided in this
Resolution only in the event that it shall first
obtain an opinion of recognized bond counsel
that the proposed investment action will not
cause the Notes to be classified as arbitrage
bonds under Section 148(a) and (b) the Inter-
nal Revenue Code or regulations issued
thereunder.
The Issuer covenants that it will proceed
with due diligence to spend the proceeds of
the Notes for the purpose set forth in this Res-
olution. The Issuer further covenants that it will
make no change in the use of the proceeds
available for the construction of facilities or
change in the use of any portion of the facili-
ties constructed therefrom by persons other
than the Issuer or the general public unless it
has obtained an opinion of bond counsel or a
revenue ruling that the proposed project or use
will not be of such character as to cause inter-
est on any of the Notes not to be exempt from
federal income taxes in the hands of holders
other than substantial users of the project,
under the provisions of Section 142(a) of the
Internal Revenue Code of the United States,
related statutes and regulations.
Section 23. Additional Covenants, Repre-
sentations and Warranties of the Issuer. The
Issuer certifies and covenants with the pur-
chasers and holders of the Notes from time to
time outstanding that the Issuer through its
115 Regular Session March 18, 2019 Book 149
officers, (a) will make such further specific
covenants, representations and assurances as
may be necessary or advisable; (b) comply
with all representations, covenants and assur-
ances contained in the Tax Exemption Certifi-
cate, which Tax Exemption Certificate shall
constitute a part of the contract between the
Issuer and the owners of the Notes; (c) consult
with bond counsel (as defined in the Tax Ex-
emption Certificate); (d) pay to the United
States, as necessary, such sums of money
representing required rebates of excess arbi-
trage profits relating to the 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
officers, to employ and pay fiscal agents, fi-
nancial advisors, attorneys and other persons
to assist the Issuer in such compliance.
Section 24. Amendment of Resolution to
Maintain Tax Exemption. This Resolution may
be amended without the consent of any owner
of the Notes if, in the opinion of bond counsel,
such amendment is necessary to maintain tax
exemption with respect to the Notes under
applicable Federal law or regulations.
Section 25. Approval of Tax Exemption
Certificate. Attached hereto is a form of Tax
Exemption Certificate stating the Issuer's rea-
sonable expectations as to the use of the pro-
ceeds of the Notes. The form of Tax Exemp-
tion Certificate is approved. The Issuer hereby
agrees to comply with the provisions of the
Tax Exemption Certificate and the provisions
of the Tax Exemption Certificate are hereby
incorporated by reference as part of this Reso-
lution. The Budget Director/Treasurer is here-
by directed to make and insert all calculations
and determinations necessary to complete the
Tax Exemption Certificate at issuance of the
Note to certify as to the reasonable expecta-
tions and covenants of the Issuer at that date.
Section 26. Discharge and Satisfaction of
Notes. The covenants, liens and pledges en-
tered into, created or imposed pursuant to this
Resolution may be fully discharged and satis-
fied with respect to the Notes and Parity Obli-
gations, or any of them, in any one or more of
the following ways:
a. By paying the Notes or Parity
Obligations when the same shall be-
come due and payable; and
b. By depositing in trust with the
Treasurer, or with a corporate trustee
designated by the Governing Body, for
the payment of said obligations and ir-
revocably appropriated exclusively to
that purpose an amount in cash or di-
rect obligations of the United States the
maturities and income of which shall be
sufficient to retire at maturity, or by re-
demption prior to maturity on a desig-
nated date upon which said obligations
may be redeemed, all of such obliga-
tions outstanding at the time, together
with the interest thereon to maturity or
to the designated redemption date,
premiums thereon, if any that may be
payable on the redemption of the
same; provided that proper notice of
redemption of all such obligations to be
redeemed shall have been previously
published or provisions shall have been
made for such publication.
Upon such payment or deposit of money or
securities, or both, in the amount and manner
provided by this Section, all liability of the Is-
suer with respect to the Notes shall cease,
determine and be completely discharged, and
the holders thereof shall be entitled only to
payment out of the money or securities so
deposited.
Section 27. Resolution a Contract. The
provisions of this Resolution shall constitute a
contract between the Issuer and the holder or
holders of the Notes and Parity Obligations,
and after the issuance of any of the Notes no
change, variation or alteration of any kind in
the provisions of this Resolution shall be made
in any manner, except as provided in the next
succeeding Section, until such time as all of
the Notes and Parity Obligations, and interest
due thereon, shall have been satisfied and
discharged as provided in this Resolution.
Section 28. Amendment of Resolution
Without Consent. The Issuer may, without the
consent of or notice to any of the holders of
the Bonds and Parity Obligations, amend or
supplement this Resolution for any one or
more of the following purposes:
a. to cure any ambiguity, defect,
omission or inconsistent provision in
this Resolution or in the Notes or Parity
Obligations; or to comply with any ap-
plicable provision of law or regulation of
federal or state agencies; provided,
however, that such action shall not ma-
terially adversely affect the interests of
the holders of the Notes or Parity Obli-
gations;
b. to change the terms or provisions
of this Resolution to the extent neces-
sary to prevent the interest on the
Notes or Parity Obligations from being
includable within the gross income of
the holders thereof for federal income
tax purposes;
c. to grant to or confer upon the
holders of the Notes or Parity Obliga-
tions any additional rights, remedies,
powers or authority that may lawfully be
granted to or conferred upon the hold-
ers of the Notes;
d. to add to the covenants and
agreements of the Issuer contained in
this Resolution other covenants and
116 Regular Session March 18, 2019 Book 149
agreements of, or conditions or re-
strictions upon, the Issuer or to surren-
der or eliminate any right or power re-
served to or conferred upon the Issuer
in this Resolution; or
e. to subject to the lien and pledge
of this Resolution additional pledged
revenues as may be permitted by law.
Section 29. Amendment of Resolution Re-
quiring Consent. This Resolution may be
amended from time to time if such amendment
shall have been consented to by holders of not
less than two-thirds in principal amount of the
Notes and Parity Obligations at any time out-
standing (not including in any case any Notes
which may then be held or owned by or for the
account of the Issuer, but including such Re-
funding Obligations as may have been issued
for the purpose of refunding any of such Notes
if such Refunding Obligations shall not then be
owned by the Issuer); but this Resolution may
not be so amended in such manner as to:
a. Make any change in the maturity
or interest rate of the Notes, or modify
the terms of payment of principal of or
interest on the Notes or any of them or
impose any conditions with respect to
such payment;
b. Materially affect the rights of the
holders of less than all of the Notes and
Parity Obligations then outstanding;
and
c. Reduce the percentage of the
principal amount of Notes, the consent
of the holders of which is required to ef-
fect a further amendment.
Whenever the Issuer shall propose to
amend this Resolution under the provisions of
this Section, it shall cause notice of the pro-
posed amendment to be filed with the Original
Purchaser and to be mailed by certified mail to
each registered owner of any Note as shown
by the records of the Registrar. Such notice
shall set forth the nature of the proposed
amendment and shall state that a copy of the
proposed amendatory Resolution is on file in
the office of the City Clerk.
Whenever at any time within one year from
the date of the mailing of said notice there
shall be filed with the City Clerk an instrument
or instruments executed by the holders of at
least two-thirds in aggregate principal amount
of the Notes then outstanding as in this Sec-
tion defined, which instrument or instruments
shall refer to the proposed amendatory Reso-
lution described in said notice and shall specif-
ically consent to and approve the adoption
thereof, thereupon, but not otherwise, the
Governing Body of the Issuer may adopt such
amendatory Resolution and such Resolution
shall become effective and binding upon the
holders of all of the Notes and Parity Obliga-
tions.
Any consent given by the holder of a Note
pursuant to the provisions of this Section shall
be irrevocable for a period of six months from
the date of the instrument evidencing such
consent and shall be conclusive and binding
upon all future holders of the same Note dur-
ing such period. Such consent may be revoked
at any time after six months from the date of
such instrument by the holder who gave such
consent or by a successor in title by filing no-
tice of such revocation with the City Clerk.
The fact and date of the execution of any
instrument under the provisions of this Section
may be proved by the certificate of any officer
in any jurisdiction who by the laws thereof is
authorized to take acknowledgments of deeds
within such jurisdiction that the person signing
such instrument acknowledged before him the
execution thereof, or may be proved by an
affidavit of a witness to such execution sworn
to before such officer.
The amount and numbers of the Notes
held by any person executing such instrument
and the date of his holding the same may be
proved by an affidavit by such person or by a
certificate executed by an officer of a bank or
trust company showing that on the date therein
mentioned such person had on deposit with
such bank or trust company the Notes de-
scribed in such certificate.
Notwithstanding anything in this Section to
the contrary, the holder or holders of 100% of
the Notes and Parity Obligations may consent
to any amendment of this Resolution, or waive
any notices required hereunder, on such terms
and under such conditions as said holders
shall determine to be appropriate.
Section 30. Severability. If any section,
paragraph, or provision of this Resolution shall
be held to be invalid or unenforceable for any
reason, the invalidity or unenforceability of
such section, paragraph or provision shall not
affect any of the remaining provisions.
Section 31. Repeal of Conflicting Ordi-
nances or Resolutions and Effective Date. All
other Ordinances, Resolutions and orders, or
parts thereof, in conflict with the provisions of
this Resolution are, to the extent of such con-
flict, hereby repealed; and this Resolution shall
be in effect from and after its adoption.
Section 32. Rule of Construction. This
Resolution and the terms and conditions of the
Notes authorized hereby shall be construed
whenever possible so as not to conflict with
the terms and conditions of the Loan and Dis-
bursement Agreement. In the event such con-
struction is not possible, or in the event of any
conflict or inconsistency between the terms
hereof and those of the Loan and Disburse-
ment Agreement, the terms of the Loan and
Disbursement Agreement shall prevail and be
given effect to the extent necessary to resolve
any such conflict or inconsistency.
117 Regular Session March 18, 2019 Book 149
Passed and approved this 18th day of
March, 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
20. Adopting Code of Ordinances Supple-
ment No. 31: City Clerk recommending adop-
tion of Supplement No. 31 to the City of Dubu-
que Code or Ordinances. Upon motion the
documents were received and filed, and Reso-
lution No. 97-19 Adopting Supplement No. 31
to the Code of Ordinances of the City of Dubu-
que, Iowa was adopted.
RESOLUTION NO. 97-19
ADOPTING SUPPLEMENT NO. 31 TO THE
CODE OF ORDINANCES OF THE CITY OF
DUBUQUE, IOWA
Whereas, under date of August 17, 2009,
the City Council, pursuant to Ordinance No.
43-09, readopted the Code of Ordinances of
the City of Dubuque, Iowa in its entirety; and
Whereas, since August 17, 2009 the City
Council of the City of Dubuque, Iowa has
adopted certain ordinances amending the
Code of Ordinances and said amendments
have been printed as supplements to the
Code of Ordinances; and
Whereas, Section 380.8 of the Code of Io-
wa provides that supplements, by resolution,
become part of the Code of Ordinances; and
Whereas, Code Supplements are prepared
by the Sterling Codifiers, Inc., and filed in the
Office of the City Clerk of the City of Dubuque,
Iowa.
NOW THEREFORE BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Supplement No. 31 to the
City of Dubuque Code of Ordinances, which
codifies Ordinance Nos. 41-18, 42-18, 43-18,
1-19, 3-19, 5-19, 6-19 and Code Change is
hereby adopted and becomes part of the Code
of Ordinances of the City of Dubuque, Iowa.
Passed, approved and adopted this 18th
day of March 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
21. Residential Parking Permit District Peti-
tion for Keyway Drive: Citizen petition request-
ing a residential parking permit district desig-
nation for Keyway Drive from Pennsylvania
Avenue to Keymont Drive. Upon motion the
document was received, filed, and referred to
the City Manager.
22. Iowa Governor's STEM Advisory
Council Letter of Support: City Manager
providing a copy of correspondence sent to the
Iowa Governor's STEM Advisory Council sup-
porting Audubon School's endeavors to teach
students computer skills through the Computer
Science is Fundamental Grant. Upon motion
the document was received and filed.
23. Office of the Governor Iowa Finance
Authority Board of Directors: Correspondence
from Governor Kim Reynolds advising that City
Manager Michael Van Milligen has been ap-
pointed as a member of the Iowa Finance Au-
thority Board of Directors from May 1, 2019 to
April 30, 2025. Upon motion the document was
received and filed.
24. Iowa Department of Transportation
(IDOT) Notice of Pipe Culverts Project: Corre-
spondence from the Iowa Department of
Transportation (IDOT) informing the City of an
IDOT pipe culverts project taking place during
the 2019 construction season between Hwy
151/61 and St. Catherine Road. Upon motion
the document was received and filed.
25. United States Department of Agricul-
ture (USDA) Notice of Rescheduled Public
Hearings: Correspondence from the USDA
notifying the City of scheduled public meetings
for the Cardinal-Hickory Creek 345-kV Trans-
mission Line Draft Environmental Impact
Statement. Upon motion the document was
received and filed.
26. Improvement Contracts / Performance,
Payment and Maintenance Bonds: Voltmer,
Inc. for the NW Arterial and Plaza Drive Mas-
tarm Replacement Project. Upon motion the
document was received, filed and approved.
27. 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. 98-19 Approving
applications for beer, liquor, and/or wine per-
mits, as required by City of Dubuque Code of
Ordinances Title 4 Business and License Reg-
ulations, Chapter 2 Liquor Control, Article B
Liquor, Beer and Wine Licenses and Permits
was adopted.
RESOLUTION NO. 98-19
APPROVING APPLICATIONS FOR BEER,
LIQUOR, AND/OR WINE PERMITS, AS RE-
QUIRED BY CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 4 BUSINESS AND LI-
CENSE REGULATIONS, CHAPTER 2 LIQ-
UOR CONTROL, ARTICLE B LIQUOR,
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
118 Regular Session March 18, 2019 Book 149
applicants have filed the proper fees and
bonds and otherwise complied with the re-
quirements 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 author-
ized and directed to cause to be issued the
noted permit types to the following applicants
pending submission of the locally required
documentation:
Renewals
BP, 1450 Loras Blvd., Class E Liquor, Class
B Wine, Class C Beer (Sunday)
Chopper's, 601 Rhomberg Ave., Class C
Liquor (Outdoor) (Sunday)
Eagles Club, 1175 Century Dr., Class C Liq-
uor (Sunday)
Fareway Stores, Inc. #114, 2050 J.F. Ken-
nedy Blvd., Class E Liquor, Class B Wine,
Class C Beer
Phoenix Theatres, 555 J.F. Kennedy Rd
#105, Class C Liquor (Sunday)
Salsa's Mexican Restaurant, 1091 Main St.,
Class C Liquor (Sunday)
Sportsters Pub & Grub, 2600 Central Ave.,
Class C Liquor (Outdoor) (Sunday)
The Venue, 285 Main St., Class C Liquor
(Outdoor) (Sunday)
New
Beechers Co. Inc., 1691 Asbury Rd., Class E
Liquor, Class B Wine, Class C Beer (Sunday)
Corner Grill, 1689 Elm St., Class C Liquor
(Outdoor) (Sunday)
Easy Street, 30 Main St., Class C Liquor
(Outdoor) (Sunday)
Main Street Social, 123 Main St, Class C
Liquor (Outdoor) (Sunday)
Adding Privilege
Dimensional Brewing Co., 67 Main St., Add-
ing Outdoor Service
Kwik Star #495, 2685 Dodge St., Carryout
Wine and Premise Update
Special Event(s) per Special Event Application
Submittal
Dubuque Jaycees, 7th and Jackson to 9th
and Jackson to include east 8th to Elm to en-
compass the Millwork Night Market foot print,
Special Class C Liquor (Outdoor)
Passed, approved, and adopted this 18th
day of March 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
ITEMS SET FOR PUBLIC HEARING
Motion by Resnick to receive and file the
documents, adopt the resolutions, set the pub-
lic hearings as indicated, and direct the City
Clerk to publish notice as prescribed by law.
Seconded by Del Toro. Motion carried 6-0.
1. Proposed Master Agreement and Intent
to Dispose of an Interest in Real Property
Owned by the City of Dubuque by Lease
Agreement between the City of Dubuque and
the State of Iowa, Telecommunications and
Technology Commission: City Manager rec-
ommending that the City Council set a public
hearing for April 1, 2019, on the Master
Agreement for Shared Use Projects and Lease
Agreement for space within a City telecommu-
nications facility located at 1515 W. 3rd Street
between the City and the State of Iowa, Tele-
communications and Technology Commission,
operating as the Iowa Communications Net-
work (ICN). Upon motion the documents were
received and filed and Resolution No. 99-19
Resolution of Intent to dispose of an interest in
real property owned by the City of Dubuque by
leases between the City of Dubuque, Iowa and
the Iowa Communications and Technology
Commission was adopted setting a public
hearing for a meeting to commence at 6:00
p.m. on April 1, 2019 in the Historic Federal
Building.
RESOLUTION NO. 99-19
INTENT TO DISPOSE OF AN INTEREST IN
REAL PROPERTY OWNED BY THE CITY OF
DUBUQUE BY LEASES BETWEEN THE
CITY OF DUBUQUE, IOWA AND THE IOWA
COMMUNICATIONS AND TECHNOLOGY
COMMISSION (ICN)
Whereas, the City of Dubuque, Iowa (City)
is the owner of the real property described as
follows:
That part of Lot 2 of Finley Home Addi-
tion No. 2 in the City of Dubuque,
Dubuque County, Iowa, shown on Ex-
hibit A, on which is located a 20-ft. x
20-ft. wooden-frame construction build-
ing (locally known as 1515 W. 3rd
Street) (the Leased Premises); and
Whereas, City and the ICN intend to enter
into a Master Lease Agreement dated March
11, 2019 (the Agreement), which grants the
ICN the right to lease certain City property for
the purposes and subject to the conditions set
forth in the Agreement; and
Whereas, the ICN desires to lease certain
spaces on and within the Leased Premises;
and
Whereas, City and ICN have tentatively
agreed to the Lease, attached hereto; and
Whereas, the City Council believes it is in the
best interest of the City of Dubuque to approve
the Lease.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City of Dubuque intends to
dispose of its interest in the Leased Premises
by Lease between City and ICN.
119 Regular Session March 18, 2019 Book 149
Section 2. The City Clerk is hereby author-
ized and directed to cause this Resolution and
a notice to be published as prescribed by Iowa
Code 364.7 of a public hearing on the City’s
intent to dispose of its interest in the Leased
Premises by Lease Supplements, to be held
on the 1st day of April 2019, at 6:00 o’clock
p.m. at the Historic Federal Building, Council
Chambers, 350 W. 6th Street, Dubuque, Iowa.
Passed, approved and adopted this 18th
day of March 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Prairie Farms Dairy, Inc. Development
Agreement: City Manager recommending that
the City Council set a public hearing for April 1,
2019, to consider a Development Agreement
for the Prairie Farms Dairy, Inc. property locat-
ed at 3510 Central Avenue. Upon motion the
documents were received and filed and Reso-
lution No. 100-19 Fixing the date for a public
hearing on the City Council of the City of
Dubuque, Iowa on a proposed development
Agreement between the City of Dubuque, Iowa
and Prairie Farms Dairy, Inc. including the
issuance of Urban Renewal Tax Increment
Revenue Obligations, and providing for the
publication of notice thereof was adopted set-
ting a public hearing for a meeting to com-
mence at 6:00 p.m. on April 1, 2019 in the
Historic Federal Building.
RESOLUTION NO. 100-19
FIXING THE DATE FOR A PUBLIC HEAR-
ING OF THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA ON A PROPOSED
DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF DUBUQUE, IOWA AND PRAI-
RIE FARMS DAIRY, INC. INCLUDING THE
ISSUANCE OF URBAN RENEWAL TAX IN-
CREMENT REVENUE OBLIGATIONS, AND
PROVIDING FOR THE PUBLICATION OF
NOTICE THEREOF
Whereas, the City of Dubuque, Iowa and
Prairie Farms Dairy, Inc. have entered into a
Development Agreement, subject to the ap-
proval of the City Council, for the rehabilitation
of property located at 3510 Central Avenue, a
copy of which Development Agreement is now
on file at the Office of the City Clerk, City Hall,
50 W. 13th Street, Dubuque, Iowa; and
Whereas, the City Council has tentatively
determined that it would be in the best inter-
ests of the City to approve the Development
Agreement with Prairie Farms Dairy, Inc.; and
Whereas, it is deemed necessary and ad-
visable that the City Council authorize Urban
Renewal Tax Increment Revenue obligations,
as provided by Chapter 403 of the Code of
Iowa, and enter into the Development Agree-
ment for the purpose of carrying out the reha-
bilitation of property located at 3510 Central
Avenue; and
Whereas, before said obligations may be
approved, Chapter 403 of the Code of Iowa
requires that the City Clerk publish a notice of
the proposal and of the time and place of the
meeting at which the City Council proposes to
take action thereon and at which meeting the
City Council shall receive oral and/or written
objections from any resident or property owner
of the City to such proposed action.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Clerk is hereby author-
ized and directed to cause a notice to be pub-
lished as prescribed by Iowa Code Section
403.9 of a public hearing on the City's intent to
approve the Development Agreement and
authorize Urban Renewal Tax Increment Rev-
enue obligations, to be held on the 1st day of
April 2019, at 6:00 o'clock p.m. in the City
Council Chambers at the Historic Federal
Building, 350 W. 6th St., Dubuque, Iowa.
Section 2. The City Council will meet at
said time and place for the purpose of taking
action on the matter of approving the Devel-
opment Agreement with Prairie Farms Dairy,
Inc. and authorizing Urban Renewal Tax In-
crement Revenue obligations, the proceeds of
which obligations will be used to carry out cer-
tain of the special financing activities described
in the Amended and Restated Urban Renewal
Plan for the Greater Downtown Urban Renew-
al District, consisting of the funding of econom-
ic developments grants to Prairie Farms Dairy,
Inc. pursuant to the Development Agreement.
It is expected that the aggregate amount of the
Tax Increment Revenue obligations to be is-
sued will be approximately $420,000.
Section 3. The City Clerk is hereby di-
rected to cause at least one publication to be
made of a notice of said meeting, in a news-
paper, printed wholly in the English language,
published at least once weekly, and having
general circulation in said City, said publication
to be not less than four days nor more than
twenty days before the date of said meeting on
the issuance of said obligations.
Section 4. The notice of the public hearing
and the proposed action to issue said obliga-
tions shall be in substantially the form attached
hereto.
Passed, approved and adopted this 18th
day of March, 2019.
Roy D. Buol, Mayor
Attest Kevin S. Firnstahl, City Clerk
BOARDS/COMMISSIONS
Appointments were made to the following
commissions.
120 Regular Session March 18, 2019 Book 149
1. Community Development Advisory
Commission: One, 3-Year term through Feb-
ruary 15, 2020 (Vacant term of James). Appli-
cant: Ellen Pinnola, 1420 Glen Oak St. Motion
by Jones to appoint Ms. Pinnola to the 3 -year
term through February 15, 2020. Seconded by
Resnick. Motion carried 6-0.
2. Long Range Planning Advisory Com-
mission: One, 3-Year term through July 1,
2020 (Vacant term of James); and one, 3-Year
term through July 1, 2021 (Vacant term of
Darter). Applicants: Michael Peroski, 1935
Coates St.; and Tyler Stoffel, 960 Boyer St.
Motion by Larson to appoint Mr. Peroski to the
3-year term through July 1, 2020; and Mr. Stof-
fel to the 3-year term through July 1, 2021.
Seconded by Del Toro. Motion carried 60.
3. Mechanical and Plumbing Code Board:
One, 3-Year term through March 16, 2022
(Expiring term of Hillary). Applicant: Daniel
Hillary, 3087 Arbor Oaks Dr. Motion by Jones
to appoint Mr. Hillary to the 3-year term
through 2022. Seconded by Resnick. Motion
carried 6-0.
PUBLIC HEARINGS
1. Request to Rezone SWAD, LLC for
Property West of English Mill Road and South
of the Southwest Arterial: Proof of publication
on notice of public hearing to consider approv-
al of a request from Michael Portzen, SWAD,
LLC to rezone property west of English Mill
Road and south of the SW Arterial from A-1
County Agricultural Zoning District to C3 Gen-
eral Commercial Zoning District in conjunction
with annexation, and the Zoning Advisory
Commission recommending approval. Motion
by Larson to receive and file the documents
and that the requirement that a proposed ordi-
nance be considered and voted on for pas-
sage at two Council meetings prior to the
meeting at which it is to be passed be sus-
pended. Seconded by Jones. Planning Ser-
vices Manager Laura Carstens provided a staff
report and the developer was present. Motion
carried 6-0.
Motion by Larson for final consideration
and passage of Ordinance No. 18-19 Amend-
ing Title 16 of the City of Dubuque Code of
Ordinances, Unified Development Code, by
reclassifying hereinafter described property, in
conjunction with annexation, located north of
Shrewsbury Lane from County A-1 Agricultural
District to City C-3 General Commercial Dis-
trict. Seconded by Jones. Motion carried 6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 18-19
AMENDING TITLE 16 OF THE CITY OF
DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY RECLAS-
SIFYING HEREINAFTER DESCRIBED
PROPERTY, IN CONJUNCTION WITH AN-
NEXATION, LOCATED NORTH OF
SHREWSBURY LANE FROM COUNTY A-1
AGRICULTURAL DISTRICT TO CITY C-3
GENERAL COMMERCIAL 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, the Unified
Development Code, is hereby amended by
reclassifying the hereinafter described proper-
ty, in conjunction with annexation, from County
A-1 Agricultural District to City C-3 General
Commercial District, to wit:
PIN#1505126004.
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 18th
day of March 2019.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 22nd day of March 2019.
/s/Kevin S. Firnstahl, City Clerk
2. Voluntary Annexation Request SWAD,
LLC: Proof of publication on notice of public
hearing to consider approval of a 100% volun-
tary annexation request filed by Michael
Portzen, SWAD, LLC, for approximately 28.48
acres of property located south of the South-
west Arterial, west of English Mill Road and
north of English Ridge Subdivision owned by
the Carolyn S. Haupert Trust, concurrent with
rezoning, and the City Manager recommend-
ing approval. Motion by Del Toro to receive
and file the documents and adopt Resolution
No. 101-19 Approving an application for volun-
tary annexation of territory to the City of Dubu-
que, Iowa. Seconded by Jones. Motion carried
6-0.
RESOLUTION NO. 101-19
APPROVING AN APPLICATION FOR VOL-
UNTARY ANNEXATION OF TERRITORY TO
THE CITY OF DUBUQUE, IOWA
Whereas, the City Council of Dubuque has
received a written application from Michael
Portzen, SWAD, LLC for the voluntary annexa-
tion of 28.48 acres of property owned by Car-
olyn S. Haupert Trust, which is located south
of the Southwest Arterial, west of English Mill
Road and north of the English Ridge Subdivi-
sion as shown on Exhibit A and legally de-
scribed as:
121 Regular Session March 18, 2019 Book 149
The North ½ of the Northeast ¼ of the
Northwest ¼ of Section 5, Township 88
North, Range 2 East of the 5th P.M., in
Dubuque County, Iowa, Excepting: Lot
A of the North ½ of the Northeast ¼ of
the Northwest ¼ of Section 5, Town-
ship 88 North, Range 2 East of the 5th
P.M., County of Dubuque, State of Io-
wa, Also, Excepting: Lot B of the North
½ of the Northeast ¼ of the Northwest
¼ of Section 5, Township 88 North,
Range 2 East of the 5th P.M., County
of Dubuque, State of Iowa; and
Whereas, the annexation territory has di-
rect connection to the City of Dubuque, Iowa
Corporate Limits; and
Whereas, the annexation territory is not
subject to an existing annexation moratorium
agreement and does not include any State or
railroad property; and
Whereas, Chapter 368 of the Code of Iowa
authorizes this annexation by adoption of a
resolution and required notification; and
Whereas, the annexation territory is con-
sistent with the City’s Comprehensive Plan;
and
Whereas, the future growth and develop-
ment of the City of Dubuque, Iowa makes it
desirable that the annexation territory be made
part of the City of Dubuque, Iowa; and
Whereas, the City of Dubuque has the ca-
pacity to provide substantial municipal services
to the annexation territory; and
Whereas, the annexation is in the public in-
terest.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the application from Mi-
chael Portzen, SWAD, LLC for the voluntary
annexation of 28.48 acres of property owned
by Carolyn S. Haupert Trust hereby be ap-
proved for annexation to the City of Dubuque.
Section 2. That subject to the acknowl-
edgement by the Secretary of State that the
legal description, map and resolution have
been received, the corporate limits of the City
of Dubuque be, and they hereby extended to
include the 28.48 acres of property as shown
on Exhibit A.
Section 3. That the City Council does
hereby certify that the City of Dubuque has
complied with the notice and hearing require-
ments of the Iowa Code pertaining to 100%
voluntary annexation of territory not in urban-
ized area of another city.
Section 4. That the territory hereby an-
nexed shall become a part of Ward One of the
City of Dubuque.
Section 5. That the City Clerk shall file this
resolution, all exhibits and the applications for
voluntary annexation with the Secretary of
State in accordance with the provisions of
Chapter 368 of the Iowa Code.
Passed, approved and adopted this 18th
day of March 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. Request to Rezone 1640 Main Street:
Proof of publication on notice of public hearing
to consider a request from Terry Wilson to
rezone property located at 1640 Main Street
from R-4 Multi-Family Residential Zoning Dis-
trict to OR Office Residential Zoning District,
and the Zoning Advisory Commission recom-
mending approval. Motion by Resnick to re-
ceive and file the documents and that the re-
quirement that a proposed ordinance be con-
sidered 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. Planning Services Manager Laura
Carstens provided a staff report. The develop-
er was present. Motion carried 6-0.
Motion by Resnick for final consideration
and passage of Ordinance No. 19-19 Amend-
ing Title 16 of the City of Dubuque Code of
Ordinances, Unified Development Code, by
reclassifying hereinafter described property
located at 1640 Main Street from R-4 Multi-
Family Residential District to OR Office Resi-
dential District. Seconded by Del Toro. Motion
carried 6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 19-19
AMENDING TITLE 16 OF THE CITY OF
DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY RECLAS-
SIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED AT 1640 MAIN ST
FROM R-4 MULTI-FAMILY RESIDENTIAL
DISTRICT TO OR OFFICE RESIDENTIAL
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 Devel-
opment Code, is hereby amended by reclassi-
fying the hereinafter described property from
R-4 Multi-Family Residential District to OR
Office Residential District, to wit:
West 113' of North 67' of City Lot 746,
South 147' of West ½ of City Lot 746,
East 15' of North 67' of West ½ of City
Lot 746, and the East 20 feet of the
South ½ of East ½ of City Lot 746, and
to the centerline of the adjoining public
right-of-way, all in the city of Dubuque,
Iowa.
Section 2. The foregoing amendment has
heretofore been reviewed by the Zoning Advi-
122 Regular Session March 18, 2019 Book 149
sory Commission of the City of Dubuque, Io-
wa.
Section 3. This ordinance shall take effect
immediately upon publication, as provided by
law.
Passed, approved and adopted this 18th
day of March 2019.
/s/Roy D. Buol, Mayor
Attest:/s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 22nd day of March 2019.
/s/Kevin S. Firnstahl, City Clerk
4. 2019 Decorative Concrete Maintenance
Project: Proof of publication on notice of public
hearing to consider approval of the plans,
specifications, form of contract and estimated
cost of the 2019 Decorative Concrete Mainte-
nance Project, and the City Manager recom-
mending approval. Motion by Del Toro to re-
ceive and file the documents and adopt Reso-
lution No. 102-19 Approval of plans, specifica-
tions, form of contract, and estimated cost for
the 2019 Decorative Concrete Maintenance
Project. Seconded by Larson. Motion carried
6-0.
RESOLUTION NO. 102-19
APPROVAL OF PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATED
COST FOR THE 2019 DECORATIVE CON-
CRETE MAINTENANCE PROJECT NOW
THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
That the proposed plans, specifications,
form of contract and estimated cost for the
2019 Decorative Concrete Maintenance Pro-
ject, in the estimated amount $165,000.00, are
hereby approved.
Passed, adopted and approved this the
18th day of March 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. Seippel Road Water Main Relocation
Project Landfill Access Frontage Road: Proof
of publication on notice of public hearing to
consider approval of the plans, specifications,
form of contract and estimated cost for the
Seippel Road Water Main Relocation Project,
and the City Manager recommending approv-
al. Motion by Resnick to receive and file the
documents and adopt Resolution No. 103-19
Approval of plans, specifications, form of con-
tract, and estimated cost for the Seippel Road
Water Main Relocation Project. Seconded by
Jones. Motion carried 6-0.
RESOLUTION NO. 103-19
APPROVAL OF PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATED
COST FOR THE SEIPPEL ROAD WATER
MAIN RELOCATION 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 cost for the
Seippel Road Water Main Relocation Project,
in the estimated amount $113,432.00, are
hereby approved.
Passed, adopted and approved this the
18th day of March 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
6. Greater Downtown Urban Renewal Dis-
trict Resolution of Adoption: Proof of publica-
tion on notice of public hearing to consider
approval of the Resolution of Adoption for the
Amended and Restated Urban Renewal Plan
for the Greater Downtown Urban Renewal
District, and the City Manager recommending
approval. Motion by Del Toro to receive and
file the documents and adopt Resolution No.
104-19 Approving the Amended and Restated
Urban Renewal Plan for the Greater Down-
town Urban Renewal District. Seconded by
Resnick. Motion carried 6-0.
RESOLUTION NO. 104-19
APPROVING THE AMENDED AND RE-
STATED URBAN RENEWAL PLAN FOR
THE GREATER DOWNTOWN URBAN RE-
NEWAL DISTRICT
Whereas, by Resolution 63-19 on February
18, 2019 the City Council of the City of Dubu-
que, Iowa authorized the preparation of an
Amended and Restated Urban Renewal Plan
(the "Amended and Restated Plan") for the
Greater Downtown Urban Renewal District
(the "District"); and
Whereas, the City of Dubuque's primary
objective for the Amended and Restated Plan
is to provide opportunities which will further
economic development purposes and objec-
tives and remediate blighting conditions, and
that to address these objectives additional
projects are being added as described in the
Amended and Restated Plan; and
Whereas, a consultation process has been
undertaken with affected taxing entities in ac-
cordance with Chapter 403 of the Code of Io-
wa with no written objections or recommended
changes to the Amended and Restated Plan
received; and
Whereas, the City Council, in accordance
with Chapter 403 of the Code of Iowa, has
held a public hearing on the proposed Amend-
ed and Restated Plan.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
123 Regular Session March 18, 2019 Book 149
Section 1. That the Amended and Restated
Urban Renewal Plan for the Greater Down
town Urban Renewal District, on file in the City
Clerk's Office and made reference to herein, is
hereby approved; that a feasible method exists
for the location of any families who will be dis-
placed from the District 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. The City does not currently antici-
pate the acquisition of any real property in
connection with the land and projects being
added by the Amended and Restated Plan;
however, as to any areas of open land to be
acquired by the City included within the Dis-
trict:
a. With respect to any portions thereof
which are to be developed for residential
uses, this City Council hereby determines
that a shortage of housing of sound stand-
ards and design with decency, safety and
sanitation exists within the City; that the
acquisition of the area for residential uses
is an integral part of and essential to the
program of the municipality; and that one
or more of the following conditions exist:
i. That the need for housing ac-
commodations has been or will be in-
creased as a result of the clearance of
slums in other areas, including other
portions of the urban renewal area.
ii. That conditions of blight in the
municipality and the shortage of de-
cent, safe and sanitary housing cause
or contribute to an increase in and
spread of disease and crime, so as to
constitute a menace to the public
health, safety, morals, or welfare.
iii. That the provision of public im-
provements related to housing and res-
idential development will encourage
housing and residential development
which is necessary to encourage the
retention or relocation of industrial and
commercial enterprises in this state
and its municipalities.
iv. The acquisition of the area is
necessary to provide for the construc-
tion of housing for low and moderate-
income families.
b. With respect to those portions there-
of 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 2. That 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 of the Dubuque County Auditor.
Passed, approved and adopted this 18th
day of March 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
ACTION ITEMS
1. Crescent Community Health Center
2018 Year in Review: Crescent Community
Health Center Board Chair and City of Dubu-
que Public Health Specialist Mary Rose Corri-
gan submitting the Crescent Community
Health Center 2018 Year in Review with a
short video presentation. Motion by Larson to
receive and file the document and watch the
video. Seconded by Del Toro. Brooke Gomez,
Interim CEO for Crescent Community Health
Center, provided a brief, verbal update and
stated that the Center will do a phased move-
in to its new facility expected during Octo-
ber/November 2019. Motion carried 6-0.
2. Miracle League of Dubuque Construc-
tion Plan Approval and Presentation: City
Manager recommending approval of the plans
and specifications for the Miracle League of
Dubuque Project and Presentation. Motion by
Larson to receive and file the documents and
watch the presentation. Seconded by Del To-
ro. Ken Johnson and Benjamin Beard with
Straka Johnson Architects provided a brief
slide presentation on the history and design of
the project adding that they expect to start
construction soon and complete the project in
Fall 2019. Motion carried 6-0.
3. Pre-Annexation Agreement -IADU Table
Mound MHP, LLC (d/b/a RV Horizons): City
Manager recommending approval of a Pre-
Annexation Agreement with IADU Table
Mound MHP, LLC d/b/a RV Horizons for the
Table Mound Trailer Park, in conjunction with
a request to connect to City water and sewer.
Motion by Del Toro to receive and file the doc-
uments and adopt Resolution No. 105-19 Ap-
proving a Pre-Annexation Agreement between
the City of Dubuque, Iowa and David H. Reyn-
olds, President, RV Horizons, Inc.; and Reso-
lution No. 106-19 Amending Resolution No.
201-18 Approving a Memorandum of Under-
standing between the City of Dubuque and
IADU Table Mound MHP, LLC for repairs and
improvements to its water distribution and san-
itary sewer collection system. Seconded by
Resnick. Motion carried 6-0.
RESOLUTION NO. 105-19
APPROVING A PRE-ANNEXATION
AGREEMENT BETWEEN THE CITY OF
DUBUQUE, IOWA AND DAVID H. REYN-
OLDS, PRESIDENT, RV HORIZONS, INC.
Whereas, David H. Reynolds, President,
RV Horizons, Inc., the owner of the following
124 Regular Session March 18, 2019 Book 149
described property in Dubuque County, Iowa
(the Property) have submitted to the City
Council of the City of Dubuque an application
for voluntary annexation of the Property to the
City of Dubuque:
Lot 2 of the north one-half of the north
east ¼ of Section 12, Township 88
North, Range 2, East of the 5th P.M., in
Dubuque County, Iowa, according to
recorded Plat thereof; Lot 43, except
the south 10 feet thereof; Lots 44 and
44A; Lot 1 of Lot 1 of Lot 51 in Kerrigan
Road Heights, in Table Mound Town-
ship, Dubuque County, Iowa, according
to the respective recorded Plats there-
of; Lot 1 of Lot 1 of Lot 4 in Annie Wal-
ler’s Subdivision No. 2, in Sections 1 &
12, in Township 88 North, Range 2
East of the 5th P.M., in Dubuque Coun-
ty, Iowa, according to the recorded
Plats of said respective Subdivisions,
EXCEPT portions thereof taken by the
State of Iowa, in Condemnation Pro-
ceedings, in Book of Lands #58, Page
70 et seq., records of Dubuque County,
Iowa; and Lot 1 of Table Mound Mobile
Home Park No. 3, in the City of Dubu-
que, Iowa, according to the recorded
Plat thereof.
Whereas, David H. Reynolds, President,
RV Horizons, Inc. has entered into a Pre-
annexation Agreement with the City of Dubu-
que a copy of which is attached hereto govern-
ing the future annexation of the Property; and
Whereas, the Property is not subject to an
existing annexation moratorium; and Whereas,
the Property does not include any state or rail-
road property; and
Whereas, Iowa Code Section 368.7 author-
izes the voluntary annexation of property in
Dubuque County, Iowa and the extension of
city limits by voluntary annexation; and
Whereas, the annexation of the Property is
consistent with the Comprehensive Plan of the
City of Dubuque, necessary for the future or-
derly growth and development of the City of
Dubuque, and will promote efficient and cost-
effective extension of municipal services; and
Whereas, the City Council finds that the
annexation of the Property is in the public in-
terest.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Pre-annexation Agreement
by and between David H. Reynolds, President,
RV Horizons, Inc., and the City of Dubuque is
hereby approved.
Passed, approved and adopted this 18th
day of March 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 106-19
AMENDING RESOLUTION NO. 201-18 AP-
PROVING A MEMORANDUM OF UNDER-
STANDING BETWEEN THE CITY OF
DUBUQUE AND IADU TABLE MOUND MHP,
LLC FOR REPAIRS AND IMPROVEMENTS
TO ITS WATER DISTRIBUTION AND SANI-
TARY SEWER COLLECTION SYSTEM
Whereas, IADU Table Mound MHP, LLC
owns a private water distribution system that
serves three areas outside the City of Dubu-
que: Table Mound 1 Mobile Home Park, the
Kerrigan Heights subdivision, and seven
commercial businesses located on Rockdale
Road; and
Whereas, IADU Table Mound MHP, LLC
owns a private sanitary sewer collection sys-
tem that serves two areas outside the City of
Dubuque: Table Mound 1 Mobile Home Park
and the Kerrigan Heights subdivision; and
Whereas, the City of Dubuque owns, oper-
ates, and maintains the City of Dubuque water
distribution system that serves over 23,000
customers located both in and outside the cor-
porate limits of the City; and
Whereas, the City of Dubuque owns, oper-
ates, and maintains the public sanitary sewer
collection system which serves over 23,000
customers located both in and outside the cor-
porate limits of the City; and
Whereas, IADU Table Mound MHP, LLC
wished to make necessary repairs and im-
provements to its water distribution system
and sanitary sewer collection system to make
the systems compliant with Iowa Department
of Natural Resources requirements and City of
Dubuque standards; and
Whereas, after completion of improve-
ments to the Table Mound water distribution
and sanitary sewer collection system, when its
water and sanitary sewer components are
deemed compliant with both Iowa Department
of Natural Resources requirements and City of
Dubuque standards, IADU Table Mound MHP,
LLC wishes to dedicate portions of the water
distribution and sanitary sewer collection sys-
tem to the City of Dubuque for operation as
part of the City of Dubuque’s water distribution
and sanitary sewer collection systems; and
Whereas, after improvements have been
made and the IADU Table Mound MHP, LLC’s
water distribution and sanitary sewer collection
system is deemed compliant with Iowa De-
partment of Natural Resources requirements
and City of Dubuque standards, the IADU Ta-
ble Mound MHP, LLC’s water distribution and
sanitary sewer collection system will be con-
nected to the City of Dubuque’s water distribu-
tion and sanitary sewer collection system.
Customers served by the existing IADU Table
Mound MHP, LLC system will be served by the
City of Dubuque’s water distribution and sani-
125 Regular Session March 18, 2019 Book 149
tary sewer collection systems after connection;
and
Whereas, the City desires to accept por-
tions of the IADU Table Mound MHP, LLC
system after the system meets Iowa Depart-
ment of Natural Resources requirements and
City of Dubuque standards and will serve cus-
tomers located within the system; and
Whereas, the City of Dubuque and IADU
Table Mound MHP, LLC wish to enter into a
Memorandum of Understanding for the im-
provements to the water distribution and sani-
tary sewer collection system, for the dedication
of portions of that system to the City of Dubu-
que, and for the transfer of water service from
IADU Table Mound MHP, LLC to the City of
Dubuque; and
Whereas, the City Council of the City of
Dubuque, Iowa finds that it is in the best inter-
ests of the City to approve this Memorandum
of Understanding.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF DUBUQUE, IO-
WA AS FOLLOWS:
Section 1. The seventh WHEREAS clause
of Resolution 201-18 is amended to read as
follows:
Whereas, after improvements have been
made and the IADU Table Mound MHP,
LLC’s water distribution and sanitary sewer
collection system is deemed compliant with
Iowa Department of Natural Resources re-
quirements and City of Dubuque stand-
ards, the IADU Table Mound MHP, LLC’s
water distribution and sanitary sewer col-
lection system will be connected to the City
of Dubuque’s water distribution and sani-
tary sewer collection system. Customers
served by the existing IADU Table Mound
MHP, LLC system will be served by the
City of Dubuque’s water distribution and
sanitary sewer collection systems after
connection and upon execution of pre-
annexation documents if customers are lo-
cated outside the City limits; and
Section 2. The Memorandum of Under-
standing attached is approved on behalf of the
City of Dubuque. The Mayor and City Clerk are
authorized to execute the Memorandum of
Understanding.
Section 3. The City Manager, City Attor-
ney, and the City’s legal counsel are hereby
authorized to take all necessary actions to
execute this Memorandum of Understanding.
Section 4. The City Clerk is hereby author-
ized and directed to record this Resolution and
all supporting materials with the Dubuque
County Recorder.
Passed, approved and adopted this 18th
day of March 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
4. Award Marquette Place Sanitary Sewer and
Water Main Extension Project: City Manager
recommending award of the Marquette Place
Sanitary Sewer and Water Main Extension
Project construction contract to the low bidder
Top Grade Excavating, Inc. Motion by Resnick
to receive and file the documents and adopt
Resolution No. 107-19 Awarding public im-
provement contract for the Marquette Place
Sanitary Sewer and Water Main Reconstruc-
tion Project. Seconded by Del Toro. Motion
carried 6-0.
RESOLUTION NO. 107-19
AWARDING PUBLIC IMPROVEMENT CON-
TRACT FOR THE MARQUETTE PLACE
SANITARY SEWER AND WATER MAIN RE-
CONSTRUCTION PROJECT
Whereas, sealed proposals have been
submitted by contractors for the Marquette
Place Sanitary Sewer and Water Main Recon-
struction Project, (the Project) pursuant to
Resolution No. 58-19 and Notice to Bidders
published on the City of Dubuque, Iowa web-
site and plan room service with statewide cir-
culation on the 20th day of February 2019; and
Whereas, said sealed proposals were
opened and read on the 7th day of March 2019
and it has been determined that Top Grade
Excavating, Inc. of Farley, IA with a bid in the
amount of $357,856.25 is the lowest respon-
sive, 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 Top Grade Exca-
vating, Inc. and the City Manager is hereby
directed to execute a Public Improvement
Contract on behalf of the City of Dubuque for
the Project.
Passed, adopted and approved this 18th
day of March 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. Mobile Vendor Agreement and Applica-
tion: City Manager recommending approval of
the establishment of a new Mobile Vendor
Agreement and Permit Application process.
Motion by Del Toro to receive and file the doc-
uments and approve the recommendation.
Seconded by Resnick. Motion carried 6-0.
There being no further business, upon mo-
tion the City Council adjourned at 6:52 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
126 Regular Session April 1, 2019 Book 149
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular
session at 6:00 p.m. on April 1, 2019 in the
second-floor Council Chambers of the Historic
Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Del
Toro, Jones, Larson, Resnick, Rios (Joined at
6:02 p.m.), Shaw; City Manager Van Milligen,
City Attorney Brumwell
Mayor Buol read the call and stated this is
a regular session of the City Council called for
the purpose of conducting such business that
may properly come before the City Council.
PLEDGE OF ALLEGIANCE
Bear Scout Pack #55 from Kennedy Ele-
mentary School and Den Leader Jenni Mal-
colm led the reciting of the Pledge of Alle-
giance.
PROCLAMATION(S)
1. National Service Recognition Day (April
2, 2019) was accepted by Heather Satterly,
Program Director, AmeriCorps Partners in
Learning, 1550 Clarke Drive; and Marie
Zoromski of the Retired and Senior Volunteer
Program (RSVP), 350 N. Grandview Avenue.
2. Days of Caring (April 26, 2019) was ac-
cepted by Amanda Iburg, Days of Caring Co-
Chair, c/o Young Professionals, 300 Main
Street, Suite 200.
3. Sexual Assault Awareness Month (April
2019) was accepted by Katie Bailey of the
Riverview Center, 2600 Dodge St Ste D4.
CONSENT ITEMS
Motion by Resnick to receive and file the
documents, adopt the resolutions, and dispose
of as indicated. Seconded by Jones. Motion
carried 7-0.
1. Minutes and Reports Submitted: City
Council Proceedings of 3/18; Park and Recre-
ation Commission of 3/12; Transit Advisory
Board of 3/14; Proof of Publication for City
Council Proceedings of 2/25, 2/27, 3/4, 3/7,
3/11; Proof of Publication for List of Claims
and Summary of Revenues for Month Ending
2/28. Upon motion the documents were re-
ceived and filed.
2. Notice of Claims and Suits: Adrian Ap-
pelman for property damage, Wade Duncan
for vehicle damage, C. Dennis Gansemer for
vehicle damage, Donna Sindahl for vehicle
damage. Francis J. Ward for vehicle damage.
Upon motion the documents were received,
filed, and referred to the City Attorney.
3. Disposition of Claims: City Attorney ad-
vising that the following claims have been re-
ferred to Public Entity Risk Services of Iowa,
the agent for the Iowa Communities Assurance
Pool: Adrian Appelman for property damage,
Wade Duncan for vehicle damage, Francis J.
Ward for vehicle damage. Upon motion the
documents were received, filed, and con-
curred.
4. Approval of City Expenditures: City
Manager recommended Council approval for
payment of City expenditures. Upon motion
the documents were received and filed, and
Resolution No. 108-19 Authorizing the Finance
Director-City Treasurer to make certain pay-
ments of bills that must be paid and approved
for payment in accordance with City proce-
dures was adopted.
RESOLUTION NO. 108-19
AUTHORIZING THE FINANCE DIRECTOR-
CITY TREASURER TO MAKE CERTAIN
PAYMENTS OF BILLS THAT MUST BE PAID
AND APPROVED FOR PAYMENT IN AC-
CORDANCE 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 req-
uisitioned for a lawful municipal purpose; and
Whereas, the Finance Director-City Treas-
urer 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:
127 Regular Session April 1, 2019 Book 149
Section 1. The Finance Director-City
Treasurer is hereby authorized to issue pay-
ment 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 requested
by designated requisitioning authorities in ac-
cordance with approved budget appropria-
tions.
Section 2. In accordance with Iowa Code
Section 372.13(6), the City Clerk and Finance
Director are hereby authorized and direc ted to
provide the statement of receipts and dis-
bursements to the City Council, and to publish
a summary thereof.
Passed, approved, and adopted this 1st
day of April 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. 2018 in Review: Creating an Equitable
Community of Choice: City Manager providing
a copy of the Creating an Equitable Communi-
ty of Choice Public Information Brochure. Up-
on motion the document was received and
filed.
6. Civil Service Commission - Certified
Lists: Civil Service Commission submitting the
Certified Lists for the positions of Water Distri-
bution Maintenance Worker and Help Desk
Support Technician Upon motion the docu-
ments were received, filed, and made a Matter
of Record.
March 7, 2019
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the
Code of Iowa, an entrance examination for the
position of Water Distribution Maintenance
Worker was administered on February 5 and
February 19, 2019 (make-up date due to in-
clement weather on Feb. 5). We hereby certify
that the individuals listed below have passed
this written examination and the vacancy for
this position should be made from this list and
that this list is good for one (1) year from
above date.
Water Distribution Maintenance Worker
1. Jeffrey Mills, 2. Luke Rupp, 3. Justin Birch,
4. Donald Mergen, 5. Dustin Allen, 6. Jason
McCann, 7. Nicholas Ansel, 8. Scott Schlick-
man II, 9. Justin Steckel, 10. Christopher
Weifenbach, 11. Jeffrey Theisen, 12. Andrew
Fonck, 13. Joseph Murphy, 14. Steven Valen-
tine, 15. Benjamin Juran, 16. Josh Reiger
Respectfully submitted,
/s/Dan White, Chairman
Civil Service Commission
March 7, 2019
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the
Code of Iowa, an examination for the position
of Help Desk Support Technician was adminis-
tered via “take-home” examination. We hereby
certify that the individuals listed below have
passed this “take-home” examination and the
vacancy for this position should be made from
this list and that this list is good for one (1)
year from the above date.
Help Desk Support Technician
1. Thomas Swift, 2. John Del Degan, 3. Robert
Dunigan, 4. Joe LuGrain, 5. Jay Gonzales, Jr.,
6. Collin McCalley, 7. Roan D’Souza, 8. Tonya
Fredrickson, 9. Daniel Prejmak, 10. Justin
Briggs, 11. Ted Pillard, 12. Jason Bickal, 13.
Christopher Cruz, 14. Yanely Nordin, 15. Ni-
cole Hill, 16. Brenda Morris, 17. Jeffrey Fulton,
18. Wayne Harvey, 19. David Hasken, 20.
Michael Heeren, 21. Brian Kirk, 22. Chrisney
Ricketts
Respectfully submitted,
/s/Dan White, Chairman
Civil Service Commission
7. Doctor-on-Demand Co-Payments: City
Manager recommended approval to set the co-
payment for Doctor-on-Demand service for all
employees. Upon motion the documents were
received, filed and approved.
8. Annual Public Housing Agency (PHA)
Plan: City Manager recommended approval of
the submission of the Annual Public Housing
Agency Plan along with the Certification of
Consistency with the Consolidated Plan to the
U.S. Department of Housing and Urban De-
velopment. Upon motion the documents were
received and filed, and Resolution No. 109-19
Authorizing the Mayor to execute the Certifica-
tion by State or Local Office of Public Housing
Agency (PHA) Plan's Consistency with the
Consolidated Plan and Approval of the PHA
Annual Plan was adopted.
RESOLUTION NO. 109-19
AUTHORIZING THE MAYOR TO EXECUTE
THE CERTIFICATION BY STATE OR LOCAL
OFFICE OF PUBLIC HOUSING AGENCY
(PHA) PLAN’S CONSISTENCY WITH THE
CONSOLIDATED PLAN AND APPROVAL
OF THE PHA ANNUAL PLAN
Whereas, the U.S. Department of Housing
and Urban Development requires submission
of the Public Housing Agency (PHA) Plan on
an annual basis; and
Whereas, the U.S. Department of Housing
and Urban Development requires Certification
of the PHA Plan’s Consistency with the Con-
solidated Plan.
128 Regular Session April 1, 2019 Book 149
NOW, THEREFORE BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE IOWA:
Section 1: That the Mayor is hereby au-
thorized and directed to certify the PHA Plan’s
Consistency with the Consolidated Plan; and
Section 2: That the Director of Housing and
Community Development is hereby authorized
to submit the PHA Plan and the Certification
as required by the U.S. Department of Housing
and Urban Development.
Passed, approved and adopted this 1st day
of April 2019.
Roy D Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
9. Accepting Creek Wood Park Construc-
tion Project: City Manager recommended ac-
ceptance of the Creek Wood Park Project as
completed by Gansen Excavating Inc. Upon
motion the documents were received and filed,
and Resolution No. 110-19 Accepting Creek
Wood Park Project and authorizing the pay-
ment of the contract amount to the contractor
was adopted.
RESOLUTION NO. 110-19
ACCEPTING THE CREEK WOOD PARK
PROJECT AND AUTHORIZING THE PAY-
MENT OF THE CONTRACT AMOUNT TO
THE CONTRACTOR
Whereas, the Public Improvement Contract
for the Creek Wood Park Project (the Project)
has been completed by the contractor and
Fehr Graham Engineering and Environmental
has examined the work and filed a certificate
stating that the Project has been completed
according to the terms of the Public Improve-
ment Contract and that the Fehr Graham En-
gineering and Environmental recommends that
the Project be accepted.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the
Fehr Graham Engineering and Environmental
is approved, and the Project is hereby accept-
ed.
Section 2. The Finance Director is hereby
directed to pay to the Contractor from the
Creek Wood Project capital improvement ap-
propriation for the contract amount of
$129,392.53 less any retained percentage
provided for therein as provided in Iowa Code
chapter 573, and to pay such retainage only in
accordance with the provisions of Iowa Code
chapter 573.
Passed, adopted and approved this 1st day
of April 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
10. Two Bits, LLC - Grant of Easement for
Water Main Utility Relocation: City Manager
recommended acceptance of a Grant of Per-
manent Public Utility Easement from Two Bits,
LLC for the relocation of City water main that
will be impacted by the upcoming Iowa De-
partment of Transportation US Hwy 20 / Swiss
Valley Road Interchange Project. Upon motion
the documents were received and filed, and
Resolution No. 111-19 Accepting Grant of
Permanent Public Utility Easements for water
main relocation from Two Bits, LLC was
adopted.
RESOLUTION NO. 111-19
ACCEPTING A GRANT OF PERMANENT
PUBLIC UTILITY EASEMENTS FOR WATER
MAIN RELOCATION FROM TWO BITS, LLC
Whereas, the City of Dubuque entered into
a Purchase Agreement for the purchase of
permanent public utility easements for water
main relocation with Two Bits, LLC, described
as:
A PARCEL OF LAND SITUATED IN PART
OF LOT 4 OF KEY CITY SUBDIVISION,
COUNTY OF DUBUQUE, STATE OF IO-
WA
As more particularly shown on the attached
Grant of Permanent Public Utility Easement;
and
Whereas, the terms of the Purchase
Agreement have been satisfied.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA AS FOLLOWS:
1. The Grant of Permanent Public Utility
Easements attached hereto is hereby accept-
ed.
2. The City Clerk is authorized and directed
to record this Resolution and the Grant of
Permanent Public Utility Easements with the
Dubuque County Recorder.
Passed, adopted and approved this 1st day
of April 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
11. Accela Consulting Services: City Man-
ager recommended approval to enter into a
contract with Byrne Software Technologies to
provide advanced scripting and reporting ser-
vices related to the City of Dubuque’s Accela
Automation platform used for Building Permits,
Housing Rental Licenses and Right-of-Way
Permits. Upon motion the documents were
received, filed and approved.
12. Comelec Internet Services - Proposed
Master Agreement for Shared-Use Projects
and Project Statement: City Manager recom-
mended approval of a Master Agreement for
Shared-Use Projects and Project Statement
with Comelec Internet Services for a conduit
129 Regular Session April 1, 2019 Book 149
collaboration to expand fiber services within
the Dubuque Industrial Park and to implement
fiber to the home extensions. Upon motion the
documents were received, filed and approved.
13. Signed Contract(s): Dubuque Area La-
bor-Management Council Short-Term Lease in
the Historic Federal Building for 2019-2021.
Upon motion the document was received and
filed.
14. Improvement Contracts / Performance,
Payment and Maintenance Bonds: Legacy
Corporation for the Catfish Creek South Fork
Sanitary Interceptor Sewer Stream Bank
Emergency Repair Project. Upon motion the
document was received, filed and approved.
15. Business License Refund: Request
from Java Joe's Coffee House for a refund of
the Liquor License No. LC0042997 located at
342 Main Street due to business closing. Upon
motion the document was received, filed and
approved.
16. Alcohol and Tobacco License Applica-
tions: City Manager recommended approval of
annual liquor, beer, wine, and tobacco license
applications as submitted. Upon motion the
documents were received and filed, and Reso-
lution No. 112-19 Approving applications for
beer, liquor, and/or wine permits, as required
by City of Dubuque Code of Ordinances Title 4
Business and License Regulations, Chapter 2
Liquor Control, Article B Liquor, Beer and Wine
Licenses and Permits; and Resolution No.
113-19 Approving applications for retail ciga-
rette/tobacco sales/nicotine/vapor permits, as
required by Iowa Code Chapter 453A.47A
were adopted.
RESOLUTION NO. 112-19
APPROVING APPLICATIONS FOR BEER,
LIQUOR, AND/OR WINE PERMITS, AS RE-
QUIRED BY CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 4 BUSINESS AND LI-
CENSE REGULATIONS, CHAPTER 2 LIQ-
UOR CONTROL, ARTICLE B LIQUOR,
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 re-
quirements 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 author-
ized and directed to cause to be issued the
noted permit types to the following applicants
pending submission of the locally required
documentation:
Renewals
Bunker Hill Golf Course, 2200 Bunker Hill Rd.,
Class C Liquor (Outdoor) (Sunday)
Dubuque Arboretum Association Inc., 3800
Arboretum Dr., Class B Native Wine (Sun-
day)
Hy-Vee #3, 400 Locust St., Class E Liquor,
Class B Wine, Class C Beer (Sunday)
Hy-Vee Gas #3, 300 Locust St., Class C Beer,
Class B Native Wine (Sunday)
Kwik Stop Food Mart, 2360 Central Ave.,
Class E Liquor, Class B Native Wine,
Class C Beer (Sunday)
Neighbor's Tap, 1899 Rockdale Rd., Class C
Liquor
Noonan's Tap, 1618 Central Ave., Class C
Liquor (Sunday)
Panchero's Mexican Grill, 4840 Asbury Rd.,
Class B Beer (Outdoor) (Sunday)
Special Event(s) per Special Event Application
Submittal
Hotel Julian Dubuque - Dubuque Film Festival
- 4-23 to 4-27, 200 Main St., Adding Out-
door Service
Passed, approved, and adopted this 1st
day of April 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 113-19
APPROVING APPLICATIONS FOR RETAIL
CIGARETTE / TOBACCO SALES / NICO-
TINE / VAPOR PERMITS, AS REQUIRED BY
IOWA CODE 453A.47A
Whereas, applications for Ciga-
rette/Tobacco Sales have been submitted and
filed with the City Council for approval and the
same have been examined and approved; and
Whereas, the premises to be occupied by
such applicants were inspected and found to
comply with the Ordinances of the City and the
applicants have filed the proper fees and oth-
erwise 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 author-
ized and directed to cause to be issued the
following named applicants and locations for
cigarette/tobacco sales permit.
Business Name, Business Address
Beecher Liquor, 1691 Asbury Rd.
Passed, approved, and adopted this 1st
day of April, 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
130 Regular Session April 1, 2019 Book 149
ITEMS SET FOR PUBLIC HEARING
Motion by Resnick to receive and file the
documents, adopt the resolutions, set the pub-
lic hearings as indicated, and direct the City
Clerk to publish notice as prescribed by law.
Seconded by Del Toro. Motion carried 7-0.
1. Development Agreement with Three
Amigos, LLC for 898 Jackson Street: City
Manager recommended that the City Council
set a public hearing for April 15, 2019, on a
proposed Development Agreement between
the City of Dubuque and Three Amigos, LLC
for redevelopment of the property at 898 Jack-
son Street. Upon motion the documents were
received and filed, and Resolution No. 114-19
Fixing the date for a public hearing of the City
Council of the City of Dubuque, Iowa on a pro-
posed Development Agreement between the
City of Dubuque, Iowa, and Three Amigos,
LLC including the issuance of Urban Renewal
Tax Increment Revenue Obligations ad provid-
ing for the publication of notice thereof was
adopted setting a public hearing for a meeting
to commence at 6:00 p.m. on April 15, 2019 in
the Historic Federal Building.
RESOLUTION NO. 114-19
FIXING THE DATE FOR A PUBLIC HEAR-
ING OF THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA ON A PROPOSED
DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF DUBUQUE, IOWA, AND
THREE AMIGOS, LLC INCLUDING THE IS-
SUANCE OF URBAN RENEWAL TAX IN-
CREMENT REVENUE OBLIGATIONS, AND
PROVIDING FOR THE PUBLICATION OF
NOTICE THEREOF
Whereas, City and Three Amigos, LLC
have entered into a Development Agreement,
subject to the approval of the City Council, for
the rehabilitation of property located at 898
Jackson Street, including the issuance of Ur-
ban Renewal Tax Increment Revenue obliga-
tions, a copy of which Development Agree-
ment is now on file at the Office of the City
Clerk, City Hall, 50 W. 13th Street, Dubuque,
Iowa; and
Whereas, the City Council has tentatively
determined that it would be in the best inter-
ests of the City to approve the Development
Agreement with Three Amigos, LLC; and
Whereas, it is deemed necessary and ad-
visable that the City Council authorize Urban
Renewal Tax Increment Revenue obligations,
as provided by Chapter 403 of the Code of
Iowa and enter into the Development Agree-
ment for the purpose of carrying out the reha-
bilitation of property located at 898 Jackson
Street; and
Whereas, before said obligations may be
approved, Chapter 403 of the Code of Iowa
requires that the City Clerk publish a notice of
the proposal and of the time and place of the
meeting at which the City Council proposes to
take action thereon and at which meeting the
City Council shall receive oral and/or written
objections from any resident or property owner
of the City to such proposed action.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Clerk is hereby author-
ized and directed to cause a notice to be pub-
lished as prescribed by Iowa Code Section
403.9 of a public hearing on the City's intent to
approve the Development Agreement and
authorize Urban Renewal Tax Increment Rev-
enue obligations, to be held on the 15th day of
April 2019, at 6:00 o'clock p.m. in the City
Council Chambers at the Historic Federal
Building, 350 W. 6th St., Dubuque, Iowa.
Section 2. The City Council will meet at
said time and place for the purpose of taking
action on the matter of approving the Devel-
opment Agreement with Three Amigos, LLC
and authorizing Urban Renewal Tax Increment
Revenue obligations, the proceeds of which
obligations will be used to carry out certain of
the special financing activities described in the
Amended and Restated Urban Renewal Plan
for the Greater Downtown Urban Renewal
District, consisting of the funding of economic
developments grants to Three Amigos, LLC
pursuant to the Development Agreement. It is
expected that the aggregate amount of the Tax
Increment Revenue obligations to be issued
will be approximately $48,000.
Section 3. The City Clerk is hereby di-
rected to cause at least one publication to be
made of a notice of said meeting, in a news-
paper, printed wholly in the English language,
published at least once weekly, and having
general circulation in said City, said publication
to be not less than four days nor more than
twenty days before the date of said meeting on
the issuance of said obligations.
Section 4. The notice of the public hearing
and the proposed action to issue said obliga-
tions shall be in substantially the form attached
hereto.
Passed, approved, and adopted this 1st
day of April, 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Bee Branch Health Homes (CDBG-
NDR) Housing Rehabilitation Project for 278
W. 17th Street – Initiate: City Manager rec-
ommended initiation of the public bidding pro-
cedure for the housing rehabilitation project at
278 W. 17th Street, 30 units, and further rec-
ommends that a public hearing be set for April
15, 2019. Upon motion the documents were
received and filed, and Resolution No. 115-19
131 Regular Session April 1, 2019 Book 149
Approval of plans, specifications, form of con-
tract, and estimated cost; setting date of public
hearing on plans, specifications, form of con-
tract, and estimated cost; and ordering the
advertisement for bids was adopted setting a
public hearing for a meeting to commence at
6:00 p.m. on April 15, 2019 in the Historic
Federal Building.
RESOLUTION NO. 115-19
BEE BRANCH HEALTHY HOMES HOUSING
PROJECTS
PRELIMINARY APPROVAL OF PLANS,
SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST; SETTING DATE
OF PUBLIC HEARING ON PLANS, SPECI-
FICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST; AND ORDERING THE
ADVERTISEMENT FOR BIDS
Whereas, The City of Dubuque, Iowa by
and through its Housing & Community Devel-
opment Department sets forth the proposed
plans, specifications, form of contract and es-
timated cost for the individual Bee Branch
Healthy Homes Project # 1x0086:
Address Project # Construction
Estimate
278 W. 17th Street,
Dubuque, Iowa,
(30 Units)
1X0086 $272,851.00
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The proposed plans, specifica-
tions, form of contract and estimated cost for
the individual Bee Branch Healthy Homes Pro-
ject are preliminarily approved and ordered to
be advertised for construction bids.
Section 2. A public hearing will be held on
the 15th day of April, 2019 at 6:00 p.m. in the
Historic Federal Building Council Chambers
(second floor) 350 W. 6th Street, Dubuque,
Iowa, at which time interested persons may
appear and be heard for or against the pro-
posed plans and specifications, form of con-
tract and estimated cost of said Project, and
the City Clerk be and is hereby directed to
cause the attached notice of the time and
place of such hearing to be published in a
newspaper having general circulation in the
City of Dubuque, Iowa, which notice shall be
published not less than four days nor more
than twenty days prior to the date of such
hearing. At the hearing, any interested person
may appear and file objections to the proposed
plans, specifications, form of contract, or esti-
mated cost of the Project.
Section 3. the East Central Intergovern-
mental Association (ECIA) is hereby directed
to advertise for bids for the construction of the
improvements herein provided, by publishing
the attached Notice to Bidders to be published
in the Master Builders of Iowa Plan Room, and
posted on the City of Dubuque website at
www.cityofdubuque.org/bids and which notice
shall be published not less than thirteen but
not more than forty-five days before the date
for filing bids before 1:00 p.m. on the 19th day
of April, 2019. Bids shall be opened and read
by the Bee Branch Healthy Homes inspector
and City staff at said time and will be submit-
ted to the City Council for final action at 6:00
p.m. on the 6th day of May 2019, in the Historic
Federal Building Council Chambers (second
floor), 350 West 6th Street, Dubuque, Iowa.
Passed, adopted and approved this 1st day
of April 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. Status of Funded Activities for Commu-
nity Development Block Grant, National Disas-
ter Resilience (CDBG-NDR) Housing Grant:
City Manager recommended that the City
Council set a public hearing for April 15, 2019,
on the Status of Funded Activities Contract
#13-NDRH-001 for Community Development
Block Grant, National Disaster Resilience
Housing Grant, locally known as the Bee
Branch Healthy Homes Resiliency Program.
Upon motion the documents were received
and filed, and Resolution No. 116-19 Setting a
public hearing on the status of funded activities
Contract #13-NDRH-001 for the Community
Development Block Grant, National Disaster
Resilience (CDBG-NDR) Housing Grant was
adopted setting a public hearing for a meeting
to commence at 6:00 p.m. on April 15, 2019 in
the Historic Federal Building.
RESOLUTION NO. 116-19
SETTING A PUBLIC HEARING ON STATUS
OF FUNDED ACTIVITIES- CONTRACT #13-
NDRH-001 FOR THE COMMUNITY DEVEL-
OPMENT BLOCK GRANT, NATIONAL DIS-
ASTER RESILIENCE (CDBG-NDR) HOUS-
ING GRANT
Whereas, The City of Dubuque, Iowa by
and through its Housing & Community Devel-
opment Department, as required by Section
508 of the Housing and Community Develop-
ment Act of 1987 requires local governments
to have a public hearing on the status of a
funded activity during the project; and
Whereas, an interest by the City in the var-
ious parcels of real estate which have been
rehabilitated or repaired under the eligible ac-
tivities provided through the Iowa Economic
Development Authority Community Develop-
ment Block Grant National Disaster Resilience
Grant (Contract #13-NDRH-001) and other
applicable standards via grant funding re-
ceived from the U.S. Department of Housing
and Community Development.
132 Regular Session April 1, 2019 Book 149
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The City Council will meet in the
Historic Federal Building, Council Chambers,
2nd Floor, 350 West 6th Street, Dubuque, Iowa
at 6:00 p.m. on April 15, 2019 for the purpose
of holding a public hearing and taking action to
include the Status of Funded Activities CON-
TRACT #13-NDRH-001 for Community Devel-
opment Block Grant, National Disaster Resili-
ence (CDBG-NDR) Housing Grant.
Section 2. The City Clerk be hereby au-
thorized and directed to publish a notice of
such public hearing on the City Council’s intent
to review and take action on the Status of
Funded Activities CONTRACT #13-NDRH-001
for Community Development Block Grant, Na-
tional Disaster Resilience (CDBG-NDR) Hous-
ing Grant.
Passed, approved and adopted this 1st day
of April 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
4. Fiscal Year 2019 Second Budget
Amendment: City Manager recommended that
the second Fiscal Year 2019 Budget Amend-
ment be set for public hearing for April 15,
2019. Upon motion the documents were re-
ceived and filed, and Resolution No. 117-19
Setting the date for the public hearing on
Amendment No. 2 to the fiscal Year 2019
Budget for the City of Dubuque was adopted
setting a public hearing for a meeting to com-
mence at 6:00 p.m. on April 15, 2019 in the
Historic Federal Building.
RESOLUTION NO. 117-19
SETTING THE DATE FOR THE PUBLIC
HEARING ON AMENDMENT NO. 2 TO THE
FISCAL YEAR 2019 BUDGET FOR THE
CITY OF DUBUQUE
Whereas, Iowa Code Section 384.16 pro-
vides that the City Council shall set a time and
place for a public hearing on amendments to
the budget and publish notice before the hear-
ing as provided in Iowa Code Section 362.3.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council shall con-
duct a public hearing on proposed Amendment
No. 2 to the Fiscal Year 2019 budget for the
City of Dubuque at the City Council Chambers
at the Historic Federal Building, 350 West 6th
Street, Dubuque, Iowa, on Monday, April 1,
2019, beginning at 6:00 p.m.
Section 2. That the City Clerk be and is
hereby authorized and directed to publish no-
tice of the public hearing, according to law,
together with the required budget information.
Passed, approved and adopted this 1st day
of April 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. NW Arterial and Pennsylvania Avenue
Right-Turn Lane Improvement Project – Initi-
ate: City Manager recommended initiation of
the public bidding procedure for the Northwest
Arterial – Pennsylvania Avenue Right Turn
Lane Project, adoption of the attached resolu-
tions preliminarily approving the construction
plans and specifications, and establishing April
15, 2019, as the date for the public hearing.
Upon motion the documents were received
and filed, and Resolution No. 118-19 Prelimi-
nary approval of plans, specifications, form of
contract, and estimated cost; setting date of
public hearing on plans, specifications, form of
contract, and estimated cost was adopted set-
ting a public hearing for a meeting to com-
mence at 6:00 p.m. on April 15, 2019 in the
Historic Federal Building.
RESOLUTION NO. 118-19
NORTHWEST ARTERIAL - PENNSYLVANIA
AVE RIGHT TURN LANE PROJECT
PRELIMINARY APPROVAL OF PLANS,
SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST; SETTING DATE
OF PUBLIC HEARING ON PLANS, SPECI-
FICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The proposed plans, specifica-
tions, form of contract and estimated cost for
the Northwest Arterial - Pennsylvania Avenue
Right Turn Lane Project in the estimated
amount $354,600.00, are hereby preliminarily
approved and ordered filed in the office of the
City Clerk for public inspection.
Section 2. A public hearing will be held on
the 15th day of April, 2019, at 6:00 p.m. in the
Historic Federal Building Council Chambers
(second floor) 350 W. 6th Street, Dubuque,
Iowa, at which time interested persons may
appear and be heard for or against the pro-
posed plans and specifications, form of con-
tract and estimated cost of said Project, and
the City Clerk be and is hereby directed to
cause the attached notice of the time and
place of such hearing to be published in a
newspaper having general circulation in the
City of Dubuque, Iowa, which notice shall be
published not less than four days nor more
than twenty days prior to the date of such
hearing. At the hearing, any interested person
may appear and file objections to the proposed
plans, specifications, form of contract, or esti-
mated cost of the Project.
133 Regular Session April 1, 2019 Book 149
Section 3. The Northwest Arterial - Penn-
sylvania Avenue Right Turn Lane Project is
hereby ordered to be advertised for bids for
construction.
Section 4. The amount of the security to
accompany each bid shall be in an amount
which shall conform to the provisions of the
Notice to Bidders hereby approved.
Section 5. The City Engineer is hereby di-
rected to advertise for bids for the construction
of the improvements herein provided, by pub-
lishing the attached Notice to Bidders to be
published in the Master Builders of Iowa Plan
Room, The Construction Update Network and
posted on the City of Dubuque website at
www.cityofdubuque.org/bids and which notice
shall be published not less than thirteen but
not more than forty-five days before the date
for filing bids before 2:00 p.m. on the 25 th day
of April, 2019. Bids shall be opened and read
by the City Clerk at said time and will be sub-
mitted to the City Council for final action at
6:00 p.m. on the 6th day of May 2019, in the
Historic Federal Building Council Chambers
(second floor), 350 West 6th Street, Dubuque,
Iowa.
Passed, adopted and approved this 1st day
of April 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
6. Proposed Issuance of General Obliga-
tion Bonds Series 2019 A, B, C and D: City
Manager recommended that a public hearing
be set for May 6, 2019, on the proposition of
selling Not-to-Exceed $13,035,000 in General
Obligation Bonds Series 2019 A, B, C and D.
Upon motion the documents were received
and filed, and Resolution No. 119-19 Fixing
date for a meeting on the proposition of the
issuance of Not-to-Exceed $10,045,000 Gen-
eral Obligation Bonds of the City of Dubuque,
State of Iowa (for Essential Corporate Purpos-
es), and providing for publication of notice
thereof; Resolution No. 120-19 Fixing date for
a meeting on the proposition of the issuance of
Not-to-Exceed $700,000 General Obligation
Bonds of the City of Dubuque, State of Iowa
(for General Corporate Purposes), and provid-
ing for publication of notice thereof; Resolution
No. 121-19 Fixing date for a meeting on the
proposition of the issuance of Not-to-Exceed
$600,000 General Obligation Bonds of the City
of Dubuque, State of Iowa (for General Corpo-
rate Purposes), and providing for publication of
notice thereof; and Resolution No. 122-19 Fix-
ing date for a meeting on the proposition of the
issuance of Not-to-Exceed $1,690,000 Gen-
eral Obligation Bonds of the City of Dubuque,
State of Iowa (for Essential Corporate Urban
Renewal Purposes), and providing for publica
tion of notice thereof were adopted setting a
public hearing for a meeting to commence at
6:00 p.m. on May 6, 2019 in the Historic Fed-
eral Building.
RESOLUTION NO. 119-19
FIXING DATE FOR A MEETING ON THE
PROPOSITION OF THE ISSUANCE OF NOT
TO EXCEED $10,045,000 GENERAL OBLI-
GATION BONDS OF THE CITY OF DUBU-
QUE, STATE OF IOWA (FOR ESSENTIAL
CORPORATE PURPOSES), AND PROVID-
ING FOR PUBLICATION OF NOTICE
THEREOF
Whereas, it is deemed necessary and ad-
visable that the City of Dubuque, State of Io-
wa, should issue General Obligation Bonds, to
the amount of not to exceed $10,045,000, as
authorized by Section 384.25, of the Code of
Iowa, for the purpose of providing funds to pay
costs of carrying out essential corporate pur-
pose project(s) as hereinafter described; and
Whereas, before the Bonds may be issued,
it is necessary to comply with the provisions of
the Code, and to publish a notice of the pro-
posal to issue such bonds and of the time and
place of the meeting at which the Council pro-
poses to take action for the issuance of the
Bonds and to receive oral and/or written objec-
tions from any resident or property owner of
the City to such action.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF CITY OF DUBU-
QUE, STATE OF IOWA:
That this Council meet in the Historic Fed-
eral Building, 350 West 6th Street, Dubuque,
Iowa, at 6:00 p.m. on the 6th day of May, 2019,
for the purpose of taking action on the matter
of the issuance of not to exceed $10,045,000
General Obligation Bonds, for essential corpo-
rate purposes, the proceeds of which bonds
will be used to provide funds to pay the costs
of equipping the fire department, including the
acquisition and equipping of a Quick Re-
sponse Pumper; and costs of refunding or
refinancing certain outstanding indebtedness
of the City, including Taxable General Obliga-
tion Bonds, Series 2012C, dated June 28,
2012 and General Obligation Bonds, Series
2012D, dated June 28, 2012.
To the extent any of the projects or activi-
ties described in this resolution may be rea-
sonably construed to be included in more than
one classification under Division III of Chapter
384 of the Code of Iowa, the Council hereby
elects the "essential corporate purpose" classi-
fication and procedure with respect to each
such project or activity, pursuant to Section
384.28 of the Code of Iowa.
That the Clerk is hereby directed to cause
at least one publication to be made of a notice
of the meeting, in a legal newspaper, printed
wholly in the English language, published at
134 Regular Session April 1, 2019 Book 149
least once weekly, and having general circula-
tion in the City. The publication to be not less
than four clear days nor more than twenty
days before the date of the public meeting on
the issuance of the Bonds.
The notice of the proposed action to issue
bonds shall be in substantially the [provided]
form:
Passed, adopted and approved this 1st day
of April 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 120-19
FIXING DATE FOR A MEETING ON THE
PROPOSITION OF THE ISSUANCE OF NOT
TO EXCEED $700,000 GENERAL OBLIGA-
TION BONDS OF THE CITY OF DUBUQUE,
STATE OF IOWA (FOR GENERAL CORPO-
RATE PURPOSES), AND PROVIDING FOR
PUBLICATION OF NOTICE THEREOF
Whereas, it is deemed necessary and ad-
visable that the City of Dubuque, State of Io-
wa, should issue General Obligation Bonds, to
the amount of not to exceed $700,000, as au-
thorized by Section 384.26, of the Code of
Iowa, for the purpose of providing funds to pay
costs of carrying out general corporate pur-
pose project(s) as hereinafter described; and
Whereas, the Issuer has a population of
more than 5,000 but not more than 75,000,
and the Bonds for these purposes do not ex-
ceed $700,000; and
Whereas, before the Bonds may be issued,
it is necessary to comply with the provisions of
Chapter 384 of the Code of Iowa, and to pub-
lish a notice of the proposal to issue such
Bonds and the right to petition for an election.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF CITY OF DUBU-
QUE, STATE OF IOWA:
That this Council meet in the Historic Fed-
eral Building, 350 West 6th Street, Dubuque,
Iowa, at 6:00 p.m., on the 6th day of May 2019,
for the purpose of taking action on the matter
of the issuance of not to exceed $700,000
General Obligation Bonds, for general corpo-
rate purposes, the proceeds of which bonds
will be used to provide funds to pay the costs
of the construction, reconstruction, improve-
ment, and equipping of various city buildings,
including
for energy efficiency improvements; the re-
construction, improvement and equipping of
city fire stations; the reconstruction, improve-
ment and equipping of the Five Flags Center
Arena; and for the Midtown Transfer Reloca-
tion project, including improvement and con-
struction of vehicle pull-in and passenger wait-
ing areas, signage, cameras, seating and shel-
ters and shall bear interest at a rate not ex-
ceeding the maximum specified in the at-
tached notice.
That the Clerk is hereby directed to cause
at least one publication to be made of a notice
of the meeting, in a legal newspaper, printed
wholly in the English language, published at
least once weekly, and having general circula-
tion in the City. The publication to be not less
than ten clear days nor more than twenty days
before the date of the public meeting on the
issuance of the Bonds.
The notice of the proposed action to issue
bonds shall be in substantially the [provided]
form:
Passed, adopted and approved this 1st day
of April 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 121-19
FIXING DATE FOR A MEETING ON THE
PROPOSITION OF THE ISSUANCE OF NOT
TO EXCEED $600,000 GENERAL OBLIGA-
TION BONDS OF THE CITY OF DUBUQUE,
STATE OF IOWA (FOR GENERAL CORPO-
RATE PURPOSES), AND PROVIDING FOR
PUBLICATION OF NOTICE THEREOF
Whereas, it is deemed necessary and ad-
visable that the City of Dubuque, State of Io-
wa, should issue General Obligation Bonds, to
the amount of not to exceed $600,000, as au-
thorized by Section 384.26, of the Code of
Iowa, for the purpose of providing funds to pay
costs of carrying out general corporate pur-
pose project(s) as hereinafter described; and
Whereas, the Issuer has a population of
more than 5,000 but not more than 75,000,
and the Bonds for these purposes do not ex-
ceed $700,000; and
Whereas, before the Bonds may be issued,
it is necessary to comply with the provisions of
Chapter 384 of the Code of Iowa, and to pub-
lish a notice of the proposal to issue such
Bonds and the right to petition for an election.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF CITY OF DUBU-
QUE, STATE OF IOWA:
That this Council meet in the Historic Fed-
eral Building, 350 West 6th Street, Dubuque,
Iowa, at 6:00 p.m., on the 6th day of May,
2019, for the purpose of taking action on the
matter of the issuance of not to exceed
$600,000 General Obligation Bonds, for gen-
eral corporate purposes, the proceeds of
which bonds will be used to provide funds to
pay the costs of the construction, improvement
and equipping of a skate park and shall bear
interest at a rate not exceeding the maximum
specified in the attached notice.
That the Clerk is hereby directed to cause
at least one publication to be made of a notice
of the meeting, in a legal newspaper, printed
wholly in the English language, published at
least once weekly, and having general circula-
tion in the City. The publication to be not less
135 Regular Session April 1, 2019 Book 149
than ten clear days nor more than twenty days
before the date of the public meeting on the
issuance of the Bonds.
The notice of the proposed action to issue
bonds shall be in substantially the [provided]
form:
Passed, adopted and approved this 1st day
of April 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 122-19
FIXING DATE FOR A MEETING ON THE
PROPOSITION OF THE ISSUANCE OF NOT
TO EXCEED $1,690,000 GENERAL OBLI-
GATION BONDS OF THE CITY OF DUBU-
QUE, STATE OF IOWA (FOR ESSENTIAL
CORPORATE URBAN RENEWAL PURPOS-
ES), AND PROVIDING FOR PUBLICATION
OF NOTICE THEREOF
Whereas, by Resolution No. 104-19,
adopted March 18, 2019, this Council found
and determined that certain areas located
within the City are eligible and should be des-
ignated as an urban renewal area under Iowa
law, and approved and adopted the Amended
and Restated Urban Renewal Plan (the "Plan")
for the Greater Downtown Urban Renewal
District Urban Renewal Plan Area (the "Area"
or "Urban Renewal Area"), which Plan is on
file in the office of the Recorder of Dubuque
County, Iowa; and
Whereas, it is deemed necessary and ad-
visable that the City of Dubuque, State of Io-
wa, should issue General Obligation Bonds, to
the amount of not to exceed $1,690,000, as
authorized by Sections 384.25 and 403.12, of
the Code of Iowa, for the purpose of providing
funds to pay costs of carrying out essential
corporate urban renewal purpose project(s) as
hereinafter described; and
Whereas, before bonds may be issued, it is
necessary to comply with the procedural re-
quirements of Chapters 384 and 403 of the
Code of Iowa, and to publish a notice of the
proposal to issue such bonds and the right to
petition for an election.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF CITY OF DUBU-
QUE, STATE OF IOWA:
That this Council meet in the Historic Fed-
eral Building, 350 West 6th Street, Dubuque,
Iowa, at 6:00 p.m., on the 6th day of May,
2019, for the purpose of taking action on the
matter of the issuance of not to exceed
$1,690,000 General Obligation Bonds, for es-
sential corporate urban renewal purposes, the
proceeds of which bonds will be used to pro-
vide funds to pay the costs of aiding in the
planning, undertaking and carrying out of ur-
ban renewal projects under the authority of
Chapter 403 and the Urban Renewal Plan for
the Greater Downtown Urban Renewal District,
such as those costs associated with the Multi-
cultural Family Center addition remodel.
To the extent any of the projects or activi-
ties described in this resolution may be rea-
sonably construed to be included in more than
one classification under Division III of Chapter
384 of the Code of Iowa, the Council hereby
elects the "essential corporate purpose" classi-
fication and procedure with respect to each
such project or activity, pursuant to Section
384.28 of the Code of Iowa.
That the Clerk is hereby directed to cause
at least one publication to be made of a notice
of the meeting, in a legal newspaper, printed
wholly in the English language, published at
least once weekly, and having general circula-
tion in the City. The publication to be not less
than ten clear days nor more than twenty days
before the date of the public meeting on the
issuance of the Bonds.
The notice of the proposed action to issue
bonds shall be in substantially the [provided]
form:
Passed, adopted and approved this 1st day
of April 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
7. Iowa Department of Transportation
(IDOT) Consolidated Funding Application: City
Manager recommended that the City Council
schedule a public hearing for May 6, 2019, on
the submittal of the Consolidated Funding Ap-
plication to the Iowa Department of Transpor-
tation for the Jule's annual operating and
maintenance allocations, the Lobbying Cost
Certificate, Certificate of Cost Allocation Plan
and Authorizing Resolution. Upon motion the
documents were received and filed, and Reso-
lution No. 123-19 Setting the date for a public
hearing on Iowa DOT Consolidated Funding
Application was adopted setting a public hear-
ing for a meeting to commence at 6:00 p.m. on
May 6, 2019 in the Historic Federal Building.
RESOLUTION NO. 123-19
SETTING THE DATE FOR A PUBLIC HEAR-
ING ON IOWA DOT CONSOLIDATED FUND-
ING APPLICATION
Whereas, the City of Dubuque provides
fixed-route and paratransit services for the
citizens of Dubuque; and
Whereas, the Iowa Department of Trans-
portation (IDOT) is a pass-through funding
entity for federal capital and operating funds;
and
Whereas, the City has historically applied
through the IDOT for these funds; and
Whereas, the City Council finds that the
applying for the funds to be beneficial to the
continued provision of transit service for the
citizens of Dubuque; and
136 Regular Session April 1, 2019 Book 149
Whereas, The Iowa Department of Trans-
portation application will include requests and
mandatory certifications by the City of Dubu-
que as follows:
From the State Transit Assistance Pro-
gram: 2.11344440% of formula funds,
Total: $311,285
From federal funds for transit in non-
urbanized areas and/or for transit
serving primarily elderly persons and
persons with disabilities: $60,614
From statewide capital assistance
(PTIG) for transit: $327,579
From statewide federal-pass through
discretionary assistance (Intercity Bus
Marketing Grant) for transit: $7,500
We understand acceptance of federal
transit assistance involves an agree-
ment to comply with certain labor pro-
tection provisions.
We certify that the City of Dubuque/The
Jule has sufficient non-federal funds
or sufficient in-kind match to provide
required local match for capital pro-
jects and at time of delivery will have
the funds to operate and maintain ve-
hicles and equipment purchased un-
der this contract.
We request that State Transit Assis-
tance formula funding be advanced
as allowed by law, to improve system
cash flow.
We authorize Renee Tyler, Director of
Transportation Services, on behalf of
the City Council, to apply for financial
assistance and to enter into related
contract(s) with the Iowa Department
of Transportation.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
A public hearing will be held as part of the
City Council Meeting on May 6, 2019. The
meeting will begin at 6:00 p.m. and will be held
in the City Council Chambers of the Historic
Federal Building, 350 W 6th Street, Dubuque,
Iowa. The purpose of the hearing is to allow
public comment on the Consolidated Funding
Application.
Passed, adopted and approved this 1st day
of April 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
BOARDS/COMMISSIONS
Applications were reviewed for the follow-
ing boards/commission. The applicant was
invited to address the City Council regarding
their desire to serve on the following
Boards/Commissions. Appointments will be
made at the next City Council meeting.
1. Cable Television Commission: One, 3-
Year term through July 1, 2021 (Vacant term
of Dolson). Applicant: Richard Baumhover,
601 Garfield Ave. Mr. Baumhover spoke in
support of his appointment to this and the fol-
lowing commission and provided a brief biog-
raphy.
2. Community Development Advisory
Commission: One, 3-Year term through Feb-
ruary 15, 2022 (Vacant LMI term of Caldwell).
Applicant: Richard Baumhover, 601 Garfield
Ave. (Meets LMI requirements). Mr. Baum-
hover addressed his appointment during the
former item.
PUBLIC HEARINGS
1. Prairie Farms Dairy, Inc. - Development
Agreement: Proof of publication on notice of
public hearing to consider approval of a pro-
posed development Agreement between the
City of Dubuque, Iowa and Prairie Farms
Dairy, Inc. including the issuance of Urban
Renewal Tax Increment Revenue Obligations,
and providing for the publication of notice
thereof, and the City Manager recommended
approval. Motion by Shaw to receive and file
the documents and adopt Resolution No. 124-
19 Approving a Development Agreement by
and between the City of Dubuque, Iowa and
Prairie Farms Dairy, Inc. providing for the is-
suance of Urban Renewal Tax Increment Rev-
enue Obligations for the Expansion of 3510
Central Avenue. Seconded by Resnick. Re-
sponding to questions from the City Council,
City Manager Van Milligen stated that while
the developer had already begun the project
due to a tight customer demand and with mak-
ing some assumptions, the City made the de-
veloper aware of the requirement for Council
approval for financial assistance. Motion car-
ried 6-1 with Larson voting nay.
RESOLUTION NO. 124-19
APPROVING A DEVELOPMENT AGREE-
MENT BY AND BETWEEN THE CITY OF
DUBUQUE, IOWA AND PRAIRIE FARMS
DAIRY, INC. PROVIDING FOR THE ISSU-
ANCE OF URBAN RENEWAL TAX INCRE-
MENT REVENUE OBLIGATIONS FOR THE
EXPANSION OF 3510 CENTRAL AVENUE
Whereas, the City Council, by Resolution
No. 100-19, dated March 18, 2019, declared
its intent to enter into a Development Agree-
ment with Prairie Farms Dairy, Inc. for the ex-
pansion of 3510 Central Avenue in the City of
Dubuque, Iowa (the Property); and
Whereas, pursuant to published notice, a
public hearing was held on the proposed dis-
position on April 1, 2019 at 6:00 p.m. in the
City Council Chambers at the Historic Federal
137 Regular Session April 1, 2019 Book 149
building, 350 W. 6th Street, Dubuque, Iowa;
and
Whereas, it is the determination of the City
Council that approval of the Development
Agreement, for expansion of the Property by
Prairie Farms Dairy, Inc. according to the
terms and conditions set out in the Develop-
ment Agreement, is in the public interest of the
City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Development Agree-
ment by and between the City of Dubuque and
Prairie Farms Dairy, Inc., a copy of which is
attached hereto, providing for the issuance of
urban renewal tax increment revenue obliga-
tions, is hereby approved.
Section 2. That the Mayor is hereby au-
thorized and directed to execute the Develop-
ment Agreement on behalf of the City of
Dubuque and the City Clerk is authorized and
directed to attest to his signature.
Section 3. That the City Manager is author-
ized to take such actions as are necessary to
comply with the terms of the Development
Agreement as herein approved.
Passed, approved and adopted this 1st day
of April 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Master Agreement for Shared Use Pro-
jects and Intent to Dispose of an Interest in
Real Property by Lease Agreement to the Iowa
Communications and Technology Commission
(ICN): Proof of publication on notice of public
hearing to consider approval of the Master
Agreement for Shared Use Projects and Lease
Agreement for space within a City telecommu-
nications facility located at 1515 W. 3rd Street
between the City and the State of Iowa, Tele-
communications and Technology Commission,
operating as the Iowa Communications Net-
work (ICN), and the City Manager recom-
mended approval. Motion by Del Toro to re-
ceive and file the documents and adopt Reso-
lution No. 125-19 Approving the disposal of an
interest in real property owned by the City of
Dubuque by leases between the City of Dubu-
que, Iowa and the Iowa Communications and
Technology commission (ICN). Seconded by
Jones. Responding to questions from the City
Council, David Lyons, Sustainable Innovations
Consultant for Greater Dubuque Development
Corporation; and Chris Kohlmann, Information
Services Manager for the City of Dubuque,
addressed the issues with the City becoming
more competitive and desirable for internet
providers by collaborating on existing assets,
and creating redundancy in technology to
better provide service and “up time” for resi-
dents during internet-related emergencies and
unexpected outages. Motion carried 7-0.
RESOLUTION NO. 125-19
APPROVING THE DISPOSAL OF AN IN-
TEREST IN REAL PROPERTY OWNED BY
THE CITY OF DUBUQUE BY LEASES BE-
TWEEN THE CITY OF DUBUQUE, IOWA
AND THE IOWA COMMUNICATIONS AND
TECHNOLOGY COMMISSION (ICN)
Whereas, the City of Dubuque, Iowa (City)
is the owner of the real property described as
follows:
That part of Lot 2 of Finley Home Addi-
tion No. 2 in the City of Dubuque,
Dubuque County, Iowa, shown on Ex-
hibit A, on which is located a 20-ft. x 20
ft. wooden-frame construction building
(locally known as 1515 W. 3rd Street)
(the Leased Premises); and
Whereas, City and the ICN intend to enter
into a Master Lease Agreement dated March
11, 2019 (the Agreement), which grants the
ICN the right to lease certain City property for
the purposes and subject to the conditions set
forth in the Agreement; and
Whereas, the ICN desires to lease certain
spaces on and within the Leased Premises;
and
Whereas, City and ICN have tentatively
agreed to the Lease, attached hereto; and
Whereas, on April 1, 2019, the City Council
pursuant to notice published as required by
law held a public hearing on its intent to dis-
pose of the foregoing interest in real property
and overruled all objections thereto; and
Whereas, the City Council believes it is in
the best interest of the City of Dubuque to ap-
prove the Lease.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Master Lease Agreement
and the Leased Premises Agreement between
the City and ICN is hereby approved and the
City Manager is authorized to execute said
agreements on behalf of the City of Dubuque.
Passed, approved and adopted this 1st day
of April 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
ACTION ITEMS
1. Awarding the 2019 Decorative Concrete
Maintenance Project: City Manager recom-
mended award of the construction contract for
the 2019 Decorative Concrete Maintenance
Project to the low bidder, Skyline Storage &
Trucking, Inc. Motion by Jones to receive and
file the documents and adopt Resolution No.
126-19 Awarding public improvement contract
138 Regular Session April 1, 2019 Book 149
for the 2019 Decorative Concrete Maintenance
Project. Seconded by Del Toro. Motion carried
7-0.
RESOLUTION NO. 126-19
AWARDING PUBLIC IMPROVEMENT CON-
TRACT FOR THE 2019 DECORATIVE CON-
CRETE MAINTENANCE PROJECT
Whereas, sealed proposals have been
submitted by contractors for the 2019 Decora-
tive Concrete Maintenance Project, (the Pro-
ject) pursuant to Resolution No. 81-19 and
Notice to Bidders published on the City of
Dubuque, Iowa website and plan room service
with statewide circulation on the 8th day of
March 2019; and
Whereas, said sealed proposals were
opened and read on the 21st day of March
2019 and it has been determined that Skyline
Storage & Trucking, Inc. of Dubuque, IA with a
bid in the amount of $173,632.36 is the lowest
responsive, responsible bidder for the Project.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a Public Improvement Contract for the
Project is hereby awarded to Skyline Storage
& Trucking, Inc. and the City Manager is here-
by directed to execute a Public Improvement
Contract on behalf of the City of Dubuque for
the Project.
Passed, adopted and approved this 1st day
of April 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Award the Seippel Road Water Main Re-
location Project: City Manager recommended
award of the construction contract for the
Seippel Road Water Main Relocation Project
to the low bidder Horsfield Construction, Inc.
Motion by Jones to receive and file the docu-
ments and adopt Resolution No. 127-19
Awarding Public Improvement Contract for the
Seippel Road Water Main Relocation Project.
Seconded by Del Toro. Motion carried 7-0.
RESOLUTION NO. 127-19
AWARDING PUBLIC IMPROVEMENT CON-
TRACT FOR THE SEIPPEL ROAD WATER
MAIN RELOCATION PROJECT
Whereas, sealed proposals have been
submitted by contractors for the Seippel Road
Water Main Relocation Project, (the Project)
pursuant to Resolution No. 82-19 and Notice
to Bidders published on the City of Dubuque,
Iowa website on the 8th day of March 2019;
and
Whereas, said sealed proposals were
opened and read on the 21st day of March
2019 and it has been determined that Horsfield
Construction, Inc. of Epworth, Iowa, in the bid
amount of $105,351.50, is the lowest respon-
sive, 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 Horsfield Con-
struction, Inc. and the City Manager is hereby
directed to execute a Public Improvement
Contract on behalf of the City of Dubuque for
the Project.
Passed, adopted and approved this 1st day
of April 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. Awarding the Water Distribution System
Pressure Zone 2 Improvements: Roosevelt
Street 1.25 MG Elevated Water Tower Project:
City Manager recommended award of the Wa-
ter Distribution System Pressure Zone 2 Im-
provements: Roosevelt Street 1.25 MG Ele-
vated Water Tower Project Contracts A and B,
pending approval by the Department of Natural
Resources State Revolving Fund agency. Mo-
tion by Larson to receive and file the docu-
ments and adopt Resolution No. 128-19
Awarding the public improvement contracts for
the Water Distribution System Pressure A one
2: Roosevelt Street 1.25 Million-Gallon, ele-
vated Water Tower Projects Contracts A and
B. Seconded by Del Toro. Motion carried 7-0.
RESOLUTION NO. 128-19
AWARDING PUBLIC IMPROVEMENT CON-
TRACTS, THE WATER DISTRIBUTION
SYSTEM PRESSURE ZONE 2: ROOSEVELT
STREET 1.25 MILLION GALLON ELEVATED
WATER TOWER PROJECT CONTRACTS A
AND B
Whereas, sealed proposals have been
submitted by contractors for the Water Distri-
bution System Pressure Zone 2 Improve-
ments: Roosevelt Street 1.25 MG Elevated
Water Tower Project, identified as Contract A:
Roosevelt Street Water Tower and Water Dis-
tribution Improvements; and Contract B: Eagle
Point Water Treatment Plant and Water Distri-
bution Improvements, (the Project) pursuant to
Resolution No. 60-19 and Notice to Bidders
published on the City of Dubuque, Iowa web-
site and a contractor plan room service with
statewide circulation on the 22nd day of Febru-
ary, 2019; and
Whereas, said sealed proposals were
opened and read on the 21st day of March
2019 and it has been determined that CB&I,
LLC of Plainfield, Illinois with a Contract A bid
in the amount of $2,928,600; and that Portzen
Construction, Inc. of Dubuque, Iowa, with a
Contract B bid in the amount of $986,620 are
the lowest responsive, responsible bidders for
the Project.
139 Regular Session April 1, 2019 Book 149
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That Public Improvement Contracts for the
Project are hereby awarded, subject to ap-
proval by the Department of Natural Re-
sources SRF agency to CB&I, LLC of Plain-
field, Illinois and separately to, Portzen Con-
struction, Inc. of Dubuque, Iowa, and the City
Manager is hereby directed to execute Public
Improvement Contracts on behalf of the City of
Dubuque for the Project, following such ap-
proval.
Passed, approved and adopted this 1st day
of April 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
4. Assignment of the City of Dubuque,
Dubuque Initiatives, and Flexsteel Industries,
Inc. Redevelopment Project Agreement: Sen-
ior Counsel recommended adoption of a reso-
lution consenting to the Assignment of the
Redevelopment Project Agreement from
Dubuque Initiatives to Jackson Street Rede-
velopment, LLC (Flexsteel Industries, Inc.)
subject to conditions. Motion by Jones to re-
ceive and file the documents and adopt Reso-
lution No. 129-19 Consenting to the Assign-
ment of the Redevelopment Project Agree-
ment by and among the City of Dubuque, Io-
wa, Dubuque Initiatives, and Flexsteel Indus-
tries, Inc., to Jackson Street Redevelopment.
Seconded by Del Toro. Motion carried 7-0.
RESOLUTION NO. 129-19
CONSENTING TO THE ASSIGNMENT OF
THE REDEVELOPMENT PROJECT
AGREEMENT BY AND AMONG THE CITY
OF DUBUQUE, IOWA, DUBUQUE INITIA-
TIVES, AND FLEXSTEEL INDUSTRIES,
INC., TO JACKSON STREET REDEVELOP-
MENT, LLC
Whereas, the City of Dubuque, Iowa
(“City”), Dubuque Initiatives (“Initiatives”), and
Flexsteel Industries, Inc. (“Flexsteel”) entered
into a Redevelopment Project Agreement re-
lated to redevelopment of real estate, including
land and buildings, owned by Flexsteel (the
“Real Property”), dated May 15, 2017 (the
“Agreement”); and
Whereas, pursuant to the terms of the
Agreement, Initiatives has or will take title to
the Real Property and undertake other obliga-
tions to the other parties to the Agreement (the
“Initiatives’ Obligations”); and
Whereas, Initiatives desires to assign the
Agreement to Jackson Street Redevelopment,
LLC (“Redevelopment”), Initiatives’ wholly
owned subsidiary, subject to the condition that
Initiatives will remain responsible for the Initia-
tives’ Obligations in the event Redevelopment
does not perform such obligations; and
Whereas, Initiatives has requested the City of
Dubuque consent to the Assignment of the
Redevelopment Project Agreement to Rede-
velopment; and
Whereas, the City Council finds that the
City of Dubuque should consent to the As-
signment.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA AS FOLLOWS:
Section 1. The City of Dubuque hereby
consents to the Assignment of the Redevel-
opment Project Agreement to Jackson Street
Redevelopment, LLC.
Section 2. The Mayor is authorized and di-
rected to execute the Assignment of the Rede-
velopment Project Agreement on behalf of the
City of Dubuque.
Passed, approved and adopted this 1st of
April 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. Request for Work Session - Central Av-
enue Corridor Streetscape Master Plan: City
Manager requesting that the City Council
schedule a work session for 6:00 p.m. on May
13, 2019 in the City Council Chambers to re-
view a draft of the Central Avenue Corridor
Streetscape Master Plan. Motion by Jones to
receive and file the documents and schedule
the work session as recommended pending
any schedule conflicts among the Council.
Seconded by Resnick. No conflicts were not-
ed. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Council Member Shaw reported on receiv-
ing citizen correspondence inquiring about the
bringing and end to the continued expansion of
residential parking permit districts. Mr. Shaw
said that he reached out to the School District
about their unused [parking] capacity and their
acknowledgement of the issue and hopes to
hear from the DCSD.
There being no further business, upon mo-
tion the City Council adjourned at 6:35 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
140 Regular Session April 15, 2019 Book 149
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular
session at 6:00 p.m. on April 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 (Joined at 6:11
p.m.), 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.
PRESENTATION
1. The Women's Leadership Network Out-
standing in Field recognition was presented to
Leisure Services Manager Marie Ware by As-
sistant City Manager Cori Burbach.
PROCLAMATIONS
1. Arbor Day (April 26, 2019) was accepted
by Laura Roussell and Hobie Wood of the lo-
cal Trees Forever and City Forester Tom Kra-
mer.
2. Community Development Week (April
22-26, 2019) was accepted by Dean Bolz of
the Community Development Advisory Com-
mission.
CONSENT ITEMS
Motion by Resnick to receive and file the
documents, adopt the resolutions, and dispose
of as indicated. Seconded by Del Toro. Motion
carried 7-0.
1. Minutes and Reports Submitted: Airport
Commission of 3/25; Arts and Cultural Affairs
Advisory Commission of 3/22; Catfish Creek
Watershed Management Authority of 3/6; 4/4;
City Council proceedings of 4/1; Community
Development Advisory Commission of 3/20;
Five Flags Civic Center Commission of 3/25;
Historic Preservation Commission of 3/21;
Historic Preservation Commission Fair Com-
mittee of 3/21; Library Board of Trustees
Council Update #181 of 3/28; Long Range
Planning Advisory Commission of 3/20; Resili-
ent Community Advisory Commission of 4/4;
Zoning Advisory Commission of 4/3; Zoning
Board of Adjustment of 3/28; Proof of publica-
tion for City Council Proceedings of 3/18. Upon
motion the documents were received and filed.
2. Notice of Claims and Suits: Van Meter,
Inc. for property damage. Upon motion the
documents were received, filed, and referred
to the City Attorney.
3. Disposition of Claims: City Attorney ad-
vising that the following claims have been re-
ferred to Public Entity Risk Services of Iowa,
the agent for the Iowa Communities Assurance
Pool: C. Dennis Gansemer for vehicle dam-
age; Donna Sindahl for vehicle damage; Van
Meter, Inc. for property damage. Upon motion
the documents were received, filed, and con-
curred.
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. 130-19 Authorizing the Finance
Director-City Treasurer to make certain pay-
ments of bills that must be paid and approved
for payment in accordance with City proce-
dures was adopted.
RESOLUTION NO. 130-19
AUTHORIZING THE FINANCE DIRECTOR-
CITY TREASURER TO MAKE CERTAIN
PAYMENTS OF BILLS THAT MUST BE PAID
AND APPROVED FOR PAYMENT IN AC-
CORDANCE 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 req-
uisitioned for a lawful municipal purpose; and
Whereas, the Finance Director-City Treas-
urer 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:
141 Regular Session April 15, 2019 Book 149
Section 1. The Finance Director-City
Treasurer is hereby authorized to issue pay-
ment 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 requested
by designated requisitioning authorities in ac-
cordance with approved budget appropria-
tions.
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 April 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. Crescent Community Health Center
2018 Annual Report: City Manager providing a
copy of the 2018 Annual Report for the Cres-
cent Community Health Center. Upon motion
the document was received and filed.
6. ITC Midwest Economic Impact Bro-
chure: City Manager providing a copy of the
public information brochure from ITC Midwest
on the local economic impact of its electrical
transmission system. Upon motion the docu-
ment was received and filed.
7. U.S. Environmental Protection Agency
Consent Decree Semi Annual Report: City
Manager transmitting the March 31, 2019
Semi Annual Consent Decree Report that has
been submitted to the United States Environ-
mental Protection Agency as required by the
Consent Decree. Upon motion the documents
were received and filed.
8. Restrictive Covenant for 1100 Roosevelt
Street: City Manager recommended approval
of a resolution attaching a 21-year Owner-
Occupied Restrictive Covenant to 1100 Roo-
sevelt Street. Upon motion the documents
were received and filed, and Resolution No.
131-19 Attaching Single-Family Occupancy
Restrictive Covenant to 1100 Roosevelt Street,
Dubuque, Iowa was adopted.
RESOLUTION NO. 131-19
ATTACHING SINGLE FAMILY OCCUPANCY
RESTRICTIVE COVENANT TO 1100 ROO-
SEVELT STREET, DUBUQUE, IOWA
Whereas, the City desires to attach restric-
tive covenants to 1100 Roosevelt Street prior
to disposal of said property; and
Whereas, said property will be disposed of
by the City and the City desires said property
to be owner-occupied for a period of twenty-
one (21) years after the sale.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of
Dubuque approves the restrictive covenants
for 1100 Roosevelt Street, legally described
as:
Lot 4 of Wersinger Subdivision in the
City of Dubuque, Iowa, according to the
recorded plat thereof.
Section 2. The Mayor is hereby authorized
and directed to sign this Resolution and the
Restrictive Covenant for the above described
real estate.
Section 3. The City is Clerk is hereby au-
thorized and directed to provide a certified
copy of this Resolution to the City Attorney’s
Office for recording in the Office of the Dubu-
que County Recorder.
Passed, approved and adopted this 15th
day of April 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
9. HRDP Grant Application for Eagle Point
Park Archeological Survey: City Manager rec-
ommended approval of an application for His-
toric Resource Development Program (HRDP)
Grant for continuation of the Phase I Archaeo-
logical Survey at Eagle Point Park. Upon mo-
tion the documents were received and filed,
and Resolution No. 132-19 Authorizing HRDP
Grant Application to State Historic Preserva-
tion Office for Continuation of Phase I Archae-
ology Survey at Eagle Point Park was adopt-
ed.
RESOLUTION NO. 132-19
AUTHORIZING HRDP GRANT APPLICA-
TION TO STATE HISTORIC PRESERVA-
TION OFFICE FOR CONTINUATION OF
PHASE I ARCHAEOLOGY SURVEY AT EA-
GLE POINT PARK
Whereas, the State Historic Preservation
Office has allocated Historic Resource Devel-
opment Program (HRDP) grant funds for pro-
jects that help identify and evaluate historic
structures, create historic preservation plans,
educate the public, and conduct archaeology
surveys; and
Whereas, the City of Dubuque has adopted
the 2017 Comprehensive Plan that includes
goals for educating the community about the
benefits of historic preservation.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Mayor hereby is authorized
to submit the FY 2019 HRDP Grant application
to the State Historic Preservation Office for
Continuation of Phase I Archaeology Survey at
Eagle Point Park.
142 Regular Session April 15, 2019 Book 149
Section 2. The Planning Services Manager
hereby authorized to serve as project manager
in accordance with state requirements.
Passed, approved and adopted 15th day of
April 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
10. Sustainable Dubuque Grants: City
Manager recommended approval of five grant
applications from the Sustainable Dubuque
Grant Program as approved by the Resilient
Community Advisory Commission. Upon mo-
tion the documents were received, filed and
approved.
11. Dubuque County Multi-Jurisdictional
Hazard Mitigation Plan Approval: City Manager
recommended approval of the Dubuque Coun-
ty Multi-Jurisdictional Hazard Mitigation Plan
approved by the Federal Emergency Man-
agement Agency (FEMA) on February 28,
2019. Upon motion the documents were re-
ceived and filed, and Resolution No. 133-19
Adopting the Dubuque County Multi-
Jurisdictional Local Hazard Mitigation Plan
was adopted.
RESOLUTION NO. 133-19
ADOPTING THE DUBUQUE COUNTY MUL-
TI-JURISDICTIONAL LOCAL HAZARD MIT-
IGATION PLAN
Whereas, the City of Dubuque recognizes
the threat that natural hazards pose to people
and property within our community; and
Whereas, undertaking hazard mitigation
actions will reduce the potential for harm to
people and property from future hazard occur-
rences; and
Whereas, the U.S. Congress passed the
Disaster Mitigation Act of 2000 (“Disaster Miti-
gation Act”) emphasizing the need for pre-
disaster mitigation of potential hazards; and
Whereas, the Disaster Mitigation Act made
available hazard mitigation grants to state and
local governments; and
Whereas, an adopted Local Hazard Mitiga-
tion Plan is required as a condition of future
funding for mitigation projects under multiple
FEMA pre- and post-disaster mitigation grant
programs; and
Whereas, the City of Dubuque fully partici-
pated in the hazard mitigation planning pro-
cess to prepare this Multi-Jurisdictional Local
Hazard Mitigation Plan; and
Whereas, the Iowa Homeland Security and
Emergency Management Department and the
Federal Emergency Management Agency Re-
gion VII officials have reviewed the “Dubuque
County Multi-Jurisdictional Local Hazard Miti-
gation Plan,” and approved it; and
Whereas, the City of Dubuque desires to
comply with the requirements of the Disaster
Mitigation Act and to augment its emergency
planning efforts by formally adopting the
Dubuque County Multi-Jurisdictional Local
Hazard Mitigation Plan; and
Whereas, adoption by the governing body
for the City of Dubuque demonstrates the ju-
risdictions’ commitment to fulfilling the mitiga-
tion goals outlined in this Multi-Jurisdictional
Local Hazard Mitigation Plan; and
Whereas, adoption of this legitimizes the
plan and authorizes responsible agencies to
carry out their responsibilities under the plan.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The City of Dubuque adopts the
“Dubuque County Multi-Jurisdictional Local
Hazard Mitigation Plan” as an official plan.
Section 2. The City of Dubuque will submit
this Adoption Resolution to the Iowa Homeland
Security and Emergency Management De-
partment and Federal Emergency Manage-
ment Agency Region VII officials.
Passed, approved, and adopted this 15th
day of April 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
12. Michael and Jacqueline Wood vs. City
et al. Dismissal: Senior Counsel advising of
the dismissal of claims against the City by Mi-
chael and Jacqueline Wood related to a Sep-
tember 12, 2016 vehicle accident. Upon mo-
tion the documents were received and filed.
13. Fiscal Year 2020 Detailed Budget for
the Five Flags Civic Center: City Manager rec-
ommended approval of the detailed Fiscal
Year 2020 Budget for the Five Flags Civic
Center submitted by SMG. Upon motion the
documents were received, filed and approved.
14. Amendment to the Collective Bargain-
ing Agreement Between the City of Dubuque
and Teamsters Local No. 120: City Manager
recommended an Amendment to the Collec-
tive Bargaining Agreement with the Teamsters
Local No. 120 effective from April 22, 2019,
through September 2, 2019. Upon motion the
documents were received, filed and approved.
15. Amendment to the Collective Bargain-
ing Agreement between the City and the
Dubuque Professional Firefighters Association,
Local No. 25: City Manager recommended
approval of an Amendment to the Collective
Bargaining Agreement between the City of
Dubuque and the Dubuque Professional Fire-
fighters Association, Local No. 25. Upon mo-
tion the documents were received and filed,
and Resolution No. 147-19 Approving the
Amendment to the Collective Bargaining
Agreement in effect from July 1, 2017 to June
143 Regular Session April 15, 2019 Book 149
30, 2022, between the City of Dubuque, Iowa,
and the Dubuque Professional Firefighters
Association, Local No. 25 and authorizing the
Mayor to sign the Amendment was adopted.
RESOLUTION NO. 147-19
APPROVING THE AMENDMENT TO THE
COLLECTIVE BARGAINING AGREEMENT
IN EFFECT FROM JULY 1, 2017 TO JUNE
30, 2022, BETWEEN THE CITY OF DUBU-
QUE, IOWA, AND THE DUBUQUE PRO-
FESSIONAL FIREFIGHTERS ASSOCIA-
TION, LOCAL NO. 25 AND AUTHORIZING
THE MAYOR TO SIGN THE AMENDMENT
Whereas, the Sixty-Fifth General Assembly
adopted the Public Employment Relations Act,
Chapter 20, Code of Iowa; and
Whereas, the City of Dubuque is public
employer within the meaning of Section 3 (10)
of the Public Employment Relations Act; and
Whereas, the Dubuque Professional Fire-
fighters Association, Local No. 25 is an em-
ployee organization within the meaning of Sec-
tion 3 (4) of the Public Employment Relations
Act; and
Whereas, bargaining between the parties
has occurred and an Amendment to the
Agreement in effect from July 1, 2017 to June
30, 2022, has been concluded.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the terms of the Amend-
ment be approved, and the Mayor authorized
and directed to sign the Amendment to the
Collective Bargaining Agreement.
Passed, approved, and adopted this 15th
day of April 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
16. Fiscal Year 2020 Wage Plan and
Benefit Package for Non-Bargaining Unit Em-
ployees: City Manager recommended approval
of the Fiscal Year 2020 Wage Plan and Benefit
Package for Non-Bargaining Unit Employees
effective July 1, 2019, for general employee
classifications and non-assigned classifica-
tions. Upon motion the documents were re-
ceived and filed, and Resolution No. 134-19
Approving the Wage Plan and Benefit Pack-
age for Non-Bargaining Unit Employees for
Fiscal Year 2020 was adopted.
RESOLUTION NO. 134-19
APPROVING THE WAGE PLAN AND BENE-
FIT PACKAGE FOR NON-BARGAINING
UNIT EMPLOYEES FOR FISCAL YEAR 2020
Whereas, the City Manager has recom-
mended the wage plan and benefit package
for Non-Bargaining Unit Employees for Fiscal
Year 2020; and
Whereas, the recommended wage plan for
Non-Bargaining Unit employees is consistent
with the wage plan to be received by employ-
ees represented by the Teamsters, Transit,
Operating Engineers and Firefighter Bargain-
ing Units in Fiscal Year 2020; and
Whereas, the recommended benefit pack-
age is consistent with the benefit package to
be received by full-time employees represent-
ed by the International union of Operating En-
gineers, Local #234 in Fiscal Year 2020.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the wage plan and benefit
package for Non-Bargaining Unit employees
for Fiscal Year 2020 is hereby passed, ap-
proved, and adopted this 15th day of April
2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
17. Pre-Annexation Agreement - The Es-
tate of Phyllis F. Decker: City Manager rec-
ommended approval of a Pre-Annexation
Agreement with the Estate of Phyllis F. Decker
as part of the approval for the Final Plat of
Stone Quarry No. 2. Upon motion the docu-
ments were received and filed, and Resolution
No. 135-19 Approving a Pre-Annexation
Agreement between the City of Dubuque, Iowa
and the Estate of Phyllis F. Decker was adopt-
ed.
RESOLUTION NO. 135-19
APPROVING A PRE-ANNEXATION
AGREEMENT BETWEEN THE CITY OF
DUBUQUE, IOWA, AND THE ESTATE OF
PHYLLIS F. DECKER
Whereas, the Estate of Phyllis F. Decker,
the owner of the following described property
in Dubuque County, Iowa (the Property) have
submitted to the City Council of the city of
Dubuque an application for voluntary annexa-
tion of the Property to the City of Dubuque:
Lot 3 of Stone Quarry Sub. In Section
8, T88N, R3E/PF the 5th P.M. in Dubu-
que County, Iowa, as shown in Plat
Doc. No. 2003-22618; and
Whereas, the Estate of Phyllis F. Decker
has entered into a Pre-annexation Agreement
with the City of Dubuque a copy of which is
attached hereto governing the future annexa-
tion of the Property; and
Whereas, the Property is not subject to an
existing annexation moratorium; and
Whereas, the Property does not include
any state or railroad property; and
Whereas, Iowa Code Section 368.7 author-
izes the voluntary annexation of property in
Dubuque County, Iowa and the extension of
city limits by voluntary annexation; and
144 Regular Session April 15, 2019 Book 149
Whereas, the annexation of the Property is
consistent with the Comprehensive Plan of the
City of Dubuque, necessary for the future or-
derly growth and development of the City of
Dubuque, and will promote efficient and cost-
effective extension of municipal services; and
Whereas, the City Council finds that the
annexation of the Property is in the public in-
terest.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The Pre-annexation Agreement
by and between the Estate of Phyllis F. Decker
and the City of Dubuque is hereby approved.
Passed, approved and adopted this 15th
day of April 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
18. Final Plat Dubuque Sports Complex:
Zoning Advisory Commission recommended
approval of the Final Plat of Dubuque Sports
Complex, 12612 Nightengale Lane, subject to
waiving the lot frontage requirement for Lot 1
Dubuque Sports Complex. Upon motion the
documents were received and filed, and Reso-
lution No. 136-19 Approving the Final Plat of
Dubuque Sports Complex in Dubuque County,
Iowa was adopted.
RESOLUTION NO. 136-19
APPROVING THE FINAL PLAT OF DUBU-
QUE SPORTS COMPLEX IN DUBUQUE
COUNTY, IOWA
Whereas, there has been filed with the City
Clerk the Final Plat of Dubuque Sports Com-
plex in Dubuque County, Iowa; and
Whereas, said Final Plat provides 0 feet of
frontage for Lot 1 on a public or approved pri-
vate street, where 50 feet of street frontage is
required by Section 11-14 of Title 15 of the
City of Dubuque Code of Ordinances, Unified
Development Code; and
Whereas, said Final Plat has been exam-
ined by the Zoning Advisory Commission and
its approval has been endorsed thereon; and
Whereas, said Final Plat has been exam-
ined by the City Council and they find that it
conforms to the statutes and ordinances relat-
ing thereto.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Section 11-14 of Title 16 of
the City of Dubuque Code of Ordinances, Uni-
fied Development Code, is waived to allow 0
feet of lot frontage on a public or an approved
private street for Lot 1.
Section 2. That the Final Plat Final Plat of
Dubuque Sports Complex is hereby approved,
and the Mayor and City Clerk are hereby au-
thorized and directed to endorse the approval
of the City of Dubuque, Iowa upon said Final
Plat.
Passed, approved and adopted 15th day of
April 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
19. Steeple Square (SS) Event Center -
Collateral Assignment of Development Agree-
ment: City Manager recommended approval of
a Collateral Assignment of the Development
Agreement with SS Event Center, LLC for the
101 E. 15th Street Project to Dubuque Bank &
Trust. Upon motion the documents were re-
ceived and filed, and Resolution No. 137-19
Approving Collateral Assignment of Develop-
ment Agreement between the City of Dubu-
que, Iowa and SS Event Center, LLC related
to the rehabilitation of 101 E. 15th Street was
adopted.
RESOLUTION NO. 137-19
APPROVING COLLATERAL ASSIGNMENT
OF DEVELOPMENT AGREEMENT BE-
TWEEN THE CITY OF DUBUQUE, IOWA
AND SS EVENT CENTER, LLC RELATED
TO THE REHABILITATION OF 101 E 15TH
STREET
Whereas, the property at 101 E 15th Street
in Dubuque, Iowa (the Building) is owned by
SS Event Center, LLC (Owner); and
Whereas, Owner and the City of Dubuque
(City) have entered into a Development
Agreement for the rehabilitation of the Build-
ing; and
Whereas, Owner will enter into a loan
agreement with Dubuque Bank & Trust Co.
(DB&T) for additional funding for the rehabilita-
tion of the Building and DB&T has requested
that Owner agree to the Collateral Assignment
of the Development Agreement a copy of
which is attached hereto (the Collateral As-
signment), which Collateral Assignment re-
quires City consent; and
Whereas, the City Council finds that the
City should consent to the Collateral Assign-
ment.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF DUBUQUE, IO-
WA AS FOLLOWS:
Section 1. The City of Dubuque consents
to the Collateral Assignment of the Develop-
ment Agreement.
Section 2. The Mayor is authorized and di-
rected to sign the Collateral Assignment of the
Development Agreement on behalf of the City
of Dubuque.
Passed, approved and adopted this 15th
day of April 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
145 Regular Session April 15, 2019 Book 149
20. Right-of-Way Plat and Dedication -
Steeple Square LLC Block Redevelopment
Project: City Manager recommended approval
of the Acquisition Plat of City Lot 484-A, in the
City of Dubuque, Iowa, (public alley between
Jackson, White, 15th and 16th Streets) and
acceptance of the dedication of said lot for
Right-of-Way purposes. Upon motion the doc-
uments were received and filed, and Resolu-
tion No. 138-19 Approving the Acquisition Plat
of City Lot 484-A in the City of Dubuque, Iowa
was adopted.
RESOLUTION NO. 138-19
APPROVING THE ACQUISITION PLAT OF
CITY LOT 484-A, IN THE CITY OF DUBU-
QUE, IOWA
Whereas, there has been presented to the
City Council of the City of Dubuque, Iowa, an
Acquisition Plat dated February 5, 2019, pre-
pared by Buesing and Associates, Inc. de-
scribing City Lot 484-A, in the City of Dubuque,
Iowa; and
Whereas, said plat conforms to the laws
and statutes pertaining thereto; and
Whereas, upon said plat appears City Lot
484-A, which SS Event Center LLC, Opening
Doors, and Jackson Street School LLC, by
said plat have dedicated to the public forever;
and
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the plat dated February 5,
2019, prepared by Buesing and Associates,
Inc., relative to the real estate hereinabove
described be and the same is hereby ap-
proved, and the Mayor and City Clerk be and
they are hereby authorized and directed to
execute said plat and on behalf of the City of
Dubuque, Iowa.
Section 2. That the dedication of City Lot
484-A, in the City of Dubuque, Iowa, for Right
of Way purposes, as it appears on said Acqui-
sition Plat, be and the same are hereby ac-
cepted.
Section 3. That the City Clerk be and is
hereby authorized and directed to file said plat
and certified copy of this resolution in the office
of the Recorder, in and for Dubuque County,
Iowa.
Passed, approved and adopted this 15th
day of April 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
21. Port of Dubuque Marina Staff Reclassi-
fication Request: City Manager recommended
creation of a temporary seasonal manager
position and an assistant Marina manager
position for the 2019 season in the Port of
Dubuque Marina. Upon motion the documents
were received, filed and approved.
22. Tobacco Compliance Civil Penalty for
Tobacco License Holder – Altered State: City
Manager recommended approval of the
Acknowledgement/Settlement Agreement for a
tobacco compliance violation for the Altered
State, 1523 Central Avenue. Upon motion the
documents were received, filed and approved.
23. Tobacco Compliance Civil Penalty for
Tobacco License Holder – Casey's General
Store #2420: City Manager recommended
approval of the Acknowledgement/Settlement
Agreement for a tobacco compliance violation
for Casey's General Store #2420, 2699 Rock-
dale Road. Upon motion the documents were
received, filed and approved.
24. Tobacco Compliance Civil Penalty for
Tobacco License Holder – Eagle Country Mar-
ket: City Manager recommended approval of
the Acknowledgement/Settlement Agreement
for a tobacco compliance violation for Eagle
County Market, 1800 Elm Street. Upon motion
the documents were received, filed and ap-
proved.
25. Tobacco Compliance Civil Penalty for
Tobacco License Holder – Kwik Stop #58: City
Manager recommended approval of the
Acknowledgement/Settlement Agreement for a
tobacco compliance violation for Kwik Stop
#58 3340 JFK Road. Upon motion the docu-
ments were received, filed and approved.
26. Tobacco Compliance Civil Penalty for
Tobacco License Holder – Kwik Stop #74: City
Manager recommended approval of the
Acknowledgement/Settlement Agreement for a
tobacco compliance violation for Kwik Stop
#74, 2360 Central Avenue. Upon motion the
documents were received, filed and approved.
27. Tobacco Compliance Civil Penalty for
Tobacco License Holder – Kwik Stop #84: City
Manager recommended approval of the
Acknowledgement/Settlement Agreement for a
tobacco compliance violation for Kwik Stop
#84, 2335 University Avenue. Upon motion the
documents were received, filed and approved.
28. Tobacco Compliance Civil Penalty for
Tobacco License Holder – Neighborhood
Quick Mart: City Manager recommended ap-
proval of the Acknowledgement/Settlement
Agreement for a tobacco compliance violation
for Neighborhood Quick Mart, 690 W. Locust
Street. Upon motion the documents were re-
ceived, filed and approved.
29. Tobacco Compliance Civil Penalty for
Tobacco License Holder – Oky Doky #8: City
Manager recommended approval of the
Acknowledgement/Settlement Agreement for a
146 Regular Session April 15, 2019 Book 149
tobacco compliance violation for Oky Doky #8,
535 Hill Street. Upon motion the documents
were received, filed and approved.
30. Tobacco Compliance Civil Penalty for
Tobacco License Holder – Sid’s' Beverage
Store, Inc.: City Manager recommended ap-
proval of the Acknowledgement/Settlement
Agreement for a tobacco compliance violation
for Sid's Beverage Store, Inc., 2727 Dodge
Street. Upon motion the documents were re-
ceived, filed and approved.
31. Signed Contract(s): Armani Community
Services Advertising Contract with Jule Transit
for bus displays; and the Dubuque Children's
Zoo Boosters short-term lease for a portion of
FDR Park to operate the Storybook Hill Chil-
dren's Zoo. Upon motion the documents were
received and filed.
32. Improvement Contracts / Performance,
Payment and Maintenance Bonds: D&D Con-
crete, Inc. for the Grand River Center Decora-
tive Concrete Repair Project; Portzen Con-
struction, Inc. for the 22nd Street/Kaufmann
Avenue Storm Sewer Improvements Project
(White Street to Kleine Street); Top Grade
Excavating, Inc. for the Marquette Place Sani-
tary Sewer & Water Main Reconstruction Pro-
ject. Upon motion the documents were re-
ceived, filed and approved.
33. Alcohol License Applications: City
Manager recommended approval of annual
liquor, beer, wine and tobacco license applica-
tions as submitted. Upon motion the docu-
ments were receive and filed and Resolution
No. 139-19 Approving applications for beer,
liquor, and/or wine permits, as required by City
of Dubuque Code of Ordinances Title 4 Busi-
ness and License Regulations, Chapter 2 Liq-
uor Control, Article B Liquor, Beer and Wine
Licenses and Permits was adopted.
RESOLUTION NO. 139-19
APPROVING APPLICATIONS FOR BEER,
LIQUOR, AND/OR WINE PERMITS, AS RE-
QUIRED BY CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 4 BUSINESS AND LI-
CENSE REGULATIONS, CHAPTER 2 LIQ-
UOR CONTROL, ARTICLE B LIQUOR,
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 re-
quirements 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 author-
ized and directed to cause to be issued the
noted permit types to the following applicants
pending submission of the locally required
documentation:
Renewals
Backpocket Brewing Taproom, 333 E. 10th St.,
Class C Liquor (Catering) (Outdoor) (Sun-
day)
Board and Brush Creative Studio, 875 Jackson
St., Special Class C Liquor (Sunday)
Catfish Charlie's, 1630 E. 16th St., Class C
Liquor (Catering) (Outdoor) (Sunday)
Charlotte's Coffee House, 1104 White St.,
Special Class C Liquor, Class B Wine
(Outdoor) (Sunday)
Clarke University, 1550 Clarke Dr., Class C
Liquor (Catering) (Outdoor) (Sunday)
Dubuque Lodge No. 355, 2635 Windsor Ave.,
Class A Liquor (Outdoor) (Sunday)
Hartig Drug Co., 2255 John F. Kennedy Rd.,
Class E Liquor, Class B Wine, Class C
Beer (Sunday)
Joliet Building Corporation, 781 Locust St.,
Class C Liquor (Outdoor) (Sunday)
Kwik Stop 16th Street #325, 1210 E. 16th St.,
Class E Liquor, Class B Native Wine,
Class C Beer (Sunday)
Lina's Thai Bistro, 2055 Holliday Dr. #200,
Class C Liquor, Class B Wine (Sunday)
Liquor Tobacco & Grocery, 1998 Jackson St.,
Class E Liquor, Class B Wine, Class C
Beer (Sunday)
Liquor Tobacco & Gas, 1401 Central Ave.,
Class E Liquor Class B Wine, Class C
Beer (Sunday)
Loras College Campus Center, 1450 Alta Vista
St., Class C Liquor (Catering) (Sunday)
Lot One, LLC, 100 Main St., Class C Liquor
(Outdoor) (Sunday)
Marco's Italian American Food, 2022 Central
Ave., Class C Liquor
Monks Kaffee Pub, 373 Bluff St., Class C Liq-
uor (Outdoor) (Sunday)
Oky Doky #8 Foods, 535 Hill St. Suite A, Class
E Liquor, Class B Wine, Class C Beer
(Sunday)
Old Chicago Pizza and Taproom, 3100 Dodge
St., Class C Liquor (Outdoor) (Sunday)
Olive Garden Italian Restaurant #1516, 3350
Dodge St., Class C Liquor (Sunday)
Paro Food Mart, 3200 Central Ave., Class C
Beer (Sunday)
Ron's Five Point Mart, 405 Rhomberg Ave.,
Class C Beer (Sunday)
Tavern on the Main, 920 Main St., Class C
Liquor
The Hub, 253 Main St., Class C Liquor (Sun-
day)
147 Regular Session April 15, 2019 Book 149
Whiskey River, 1064 University Ave., Class C
Liquor (Outdoor) (Sunday)
New
McAleece Park and Recreation Complex,
1801 Admiral Sheehy Dr., Class B Beer, Class
B Native Wine (Outdoor) (Sunday)
Special Event(s) per Special Event Application
Submittal
Barrel House, 299 Main St., Adding Outdoor
Service for J.D.F.F.
Dubuque County Fine Arts Society, Washing-
ton Park – Per City Managers Approval,
Class B Beer (Outdoor) (Sunday)
Dubuque Main Street, Town Clock Plaza from
6th St. to 8th, Special Class C Liquor (Out-
door)
Pinnacle Combat, 145 N. Crescent Ridge,
Special Class C Liquor (Outdoor)
Passed, approved, and adopted this 15th
day of April 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 pub-
lic hearings as indicated, and direct the City
Clerk to publish notice as prescribed by law.
Seconded by Resnick. Motion carried 7-0.
1. Sale of City-Owned Property at 1100
Roosevelt Street: City Manager recommended
that the City Council set a public hearing for
May 6, 2019 on the intent to dispose of City-
owned property at 1100 Roosevelt Street to
Dubuque and Jackson County Habitat for Hu-
manity that includes a 21-year Restrictive
Covenant as an owner-occupied, single-family
residential use. Upon motion the documents
were received and filed, and Resolution No.
140-19 Resolution of Intent to Dispose of an
Interest in City of Dubuque real estate, setting
a time and place for hearing and providing for
the publication of notice thereof was adopted.
setting a public hearing for a meeting to com-
mence at 6:00 p.m. on May 6, 2019 in the His-
toric Federal Building.
RESOLUTION NO. 140-19
RESOLUTION OF INTENT TO DISPOSE OF
AN INTEREST IN CITY OF DUBUQUE REAL
ESTATE, SETTING A TIME AND PLACE
FOR HEARING AND PROVIDING FOR THE
PUBLICATION OF NOTICE THEREOF
Whereas, the City of Dubuque, Iowa (City)
owns 1100 Roosevelt Street (the Property)
legally described as:
Lot 4 of Wersinger Subdivision in the
City of Dubuque, Iowa, according to the
recorded plat thereof; and
Whereas, the City acquired the Property by
petition as an abandoned property for the pur-
pose of its restoration and re-sale for owner-
occupied housing; and
Whereas, Dubuque and Jackson County
Habitat for Humanity will rehabilitate the prop-
erty and sell it to an income qualified house-
hold for single family occupancy; and
Whereas, conveying the Property to Dubu-
que and Jackson County Habitat for Humanity
is consistent with the City goal of creating op-
portunities for affordable home ownership.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council shall con-
duct a public hearing on the proposed disposi-
tion of real estate in the City Council Cham-
bers at the Historic Federal Building, 350 W.
6th Street, Dubuque, Iowa on the 6th day of
May 2019 beginning at 6:00 p.m.
Section 2. That the City Clerk be and is
hereby authorized and directed to publish no-
tice of the public hearing in the form attached
hereto, according to law.
Passed, approved and adopted this 15th
day of April 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
BOARDS/COMMISSIONS
Application was reviewed to the following
Board.
1. Building Code and Advisory Appeals
Board: One, 3-Year Term through August 1,
2019 (Vacant Journeyman/Carpenter term of
Schwendinger). Applicant: Derek Duehr, 3395
Venture Ct. (Qualifies as Journeyman / Car-
penter). Mr. Duehr spoke in support of his ap-
pointment and provided a brief biography.
Appointments were made to the following
Commissions.
2. Cable Television Commission: One, 3-
Year term through July 1, 2021 (Vacant term
of Dolson). Applicant: Richard Baumhover,
601 Garfield Ave. Motion by Larson to appoint
Mr. Baumhover to the 3-year term through July
1, 2021. Seconded by Shaw. Motion carried 7-
0.
3. Community Development Advisory
Commission: One, 3-Year term through Feb-
ruary 15, 2022 (Vacant LMI term of Caldwell).
Applicants: Richard Baumhover, 601 Garfield
Ave. (Qualifies as LMI Representative); and
Jeff Lenhart, 1274 Locust St. (Qualifies as LMI
Representative and additional applicant). Upon
roll-call vote, with Del Toro voting for Mr.
Baumhover, Jell Lenhart was appointed to the
3-year term through February 15, 2022.
148 Regular Session April 15, 2019 Book 149
PUBLIC HEARINGS
1. Three Amigos, LLC - Development
Agreement: Proof of publication on notice of
public hearing to consider approval of a pro-
posed Development Agreement between the
City of Dubuque and Three Amigos, LLC for
redevelopment of the property at 898 Jackson
Street, and the City Manager recommending
approval. Motion by Shaw to receive and file
the documents and adopt Resolution No. 141-
19 Approving a Development Agreement be-
tween the City of Dubuque, Iowa and Three
Amigos, LLC including the issuance of Urban
Renewal Tax Increment Revenue Obligations,
for the Redevelopment of 898 Jackson Street.
Seconded by Del Toro. Motion carried 7-0.
RESOLUTION NO. 141-19
APPROVING A DEVELOPMENT AGREE-
MENT BETWEEN THE CITY OF DUBUQUE,
IOWA, AND THREE AMIGOS, LLC, INCLUD-
ING THE ISSUANCE OF URBAN RENEWAL
TAX INCREMENT REVENUE OBLIGA-
TIONS, FOR THE REDEVELOPMENT OF
898 JACKSON STREET
Whereas, the City Council, by Resolution
No. 114-19 dated April 1, 2019, declared its
intent to enter into a Development Agreement
with Three Amigos, LLC for the redevelopment
of 898 Jackson Street in the City of Dubuque,
Iowa (the Property), including providing for the
issuance of Urban Renewal Tax Increment
Revenue Obligations; and
Whereas, pursuant to published notice, a
public hearing was held on the proposed dis-
position on April 15, 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 Three Amigos, LLC according to the terms
and conditions set out in the Development
Agreement is in the public interest of the City
of Dubuque.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Development Agree-
ment between the City of Dubuque, and Three
Amigos, LLC, a copy of which is attached
hereto, including the issuance of Urban Re-
newal Tax Increment Revenue Obligations, is
hereby approved.
Section 2. That the Mayor is hereby au-
thorized and directed to execute the Develop-
ment Agreement on behalf of the City of
Dubuque and the City Clerk is authorized and
directed to attest to his signature.
Section 3. That the City Manager is author-
ized to take such actions as are necessary to
comply with the terms of the Development
Agreement as herein approved.
Passed, approved and adopted this 15th
day of April 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. University of Dubuque ID Amendment -
South Commons: Proof of publication on no-
tice of public hearing to consider a request
from James Steiner/University of Dubuque to
Amend ID Institutional Zoning District for 2180
Grace Street to develop new south quad and
reassemble bell tower along Grace Street, and
the Zoning Advisory Commission recommend-
ing approval. Motion by Shaw to receive and
file the documents and that the requirement
that a proposed ordinance be considered and
voted on for passage at two Council meetings
prior to the meeting at which it is to be passed
be suspended. Seconded by Resnick. Keith
Wipperfurth, Director of Construction for the
University of Dubuque, spoke in support of the
request and responded to questions from the
City Council by stating that UD had just ac-
quired a residence on Grace Street. Planning
Services Assistant Planner Wally Wernimont
provided a staff report. Motion carried 7-0.
Motion by Shaw for final consideration and
passage of Ordinance No. 20-19 Amending
Title 16 of the City of Dubuque Code of Ordi-
nances, Unified Development Code, by provid-
ing for the approval of an Amended Campus
Development Plan for the University of Dubu-
que to the creation of the South Quad Area.
Seconded by Resnick. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 20-19
AMENDING TITLE 16 OF THE CITY OF
DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY PROVID-
ING FOR THE APPROVAL OF AN AMEND-
ED CAMPUS DEVELOPMENT PLAN FOR
THE UNIVERSITY OF DUBUQUE TO THE
CREATION OF THE SOUTH QUAD AREA
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 Devel-
opment Code, be amended by providing for
the approval of an amended campus devel-
opment plan for the University of Dubuque ID
Institutional District, a copy of which is on file
with the City of Dubuque Planning Services
Department.
Section 2. Institutional District Regulations.
A. Use Regulations
The following regulations shall apply
to all uses made of land in the above-
described ID Institutional District:
149 Regular Session April 15, 2019 Book 149
1. Principal permitted uses shall be
limited to:
a. Offices for administrative per-
sonnel or other institutional employ-
ees and affiliates.
b. Churches, libraries, and muse-
ums.
c. Classrooms, laboratories, lec-
ture halls, and similar places of insti-
tutional assembly.
d. Off-street parking and loading.
e. Recreational or athletic facilities
for the primary use and benefit of in-
stitutional residents or affiliates.
f. Single-family, two-family, or
multi-family dwellings for the housing
of institutional residents or affiliates.
2. Accessory Uses. The following
uses shall be permitted as accessory
uses in the above-described ID Institu-
tional District.
a. Located entirely within a princi-
pal building, bookstores, or bars seat-
ing not more than seventy-five (75)
persons at one time and located not
closer than two hundred feet (200’)
from the nearest Residential or Office
Residential District.
b. All uses customarily incidental
to the principal permitted uses in con-
junction with which such accessory
uses operated or maintained, but not
to include commercial use outside the
principal building.
3. No conditional uses shall be al-
lowed.
B. Lot and Bulk Regulations
Development of land in the ID Institu-
tional District shall be regulated as fol-
lows:
The proposed South Quad Area shall
be constructed in substantial conform-
ance with the attached amended campus
development plan.
C. Performance Standards
The development and maintenance of
uses in this ID Institutional District shall
be established in conformance with Sec-
tion 5-22 of the Unified Development
Code and the following standards:
1. The storm water control shall be
designed and built in accordance with
City Regulations subject to review and
approval by the City of Dubuque Engi-
neering Department.
2. That appropriate erosion and
sediment control will be installed prior
to commencement of any land disturb-
ing activity related to the subject pro-
ject, including all required state and city
permits related to erosion control.
3. New outdoor lighting shall utilize
72-degree cut-off luminaries.
4. Landscaping shall be provided in
compliance with Article 13 of the Uni-
fied Development Code.
5. All utilities, including telephone
and cable television, shall be installed
underground.
6. Final site plans shall be submit-
ted in accordance with Articles 12 and
13 of the Unified Development Code.
D. Parking Requirements
The off-street parking requirements
for the principal permitted uses for the
herein described ID Institutional District
shall be regulated as follows.
1.) Any significant expansion or re-
duction in the number of off-street
parking spaces must be reviewed
by Planning Services staff for com-
pliance with the adopted Institution-
al District regulations.
E. Sign Regulations
The sign regulations shall be the
same as that which are allowed in the ID
Institutional District as established in Arti-
cle 15 of the Unified Development Code.
F. Additional Standards
That all previously approved campus
development plans are hereby amended
to allow for the attached campus devel-
opment plan.
G. Transfer of Ownership
Transfer of ownership of property in
this ID Institutional District requires re-
zoning of the property to an appropriate
zoning district.
H. Modifications
Any modifications of this Ordinance
must be approved by the City Council in
accordance with zoning reclassification
proceedings of Article 9 of the Unified
Development Code.
Section 3. The foregoing amendment has
heretofore been reviewed by the Zoning Advi-
sory Commission of the City of Dubuque, Io-
wa.
Section 4. The foregoing amendment shall
take effect upon publication, as provided by
law.
Passed, approved and adopted this 15th
day of April 2019.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 19th day of April 2019.
/s/Kevin S. Firnstahl, City Clerk
3. Bee Branch Healthy Homes (CDBG-
NDR) Housing Rehabilitation Project for 278
W. 17th Street: Proof of publication on notice of
public hearing to consider approval of plans,
specifications, form of contract, and estimated
cost for the Bee Branch Healthy Homes
(CDBG-NDR) Housing Rehabilitation Project
150 Regular Session April 15, 2019 Book 149
for 278 W. 17th Street, and the City Manager
recommending approval. Motion by Larson to
receive and file the documents and adopt
Resolution No. 142-19 Approval of Plans
Specifications, form of contract, and estimated
cost for 278 W. 17th Street Housing Rehabilita-
tion Improvements Project. Seconded by
Jones. Responding to questions from the City
Council, Housing and Community Develop-
ment Director Alexis Steger provided a sum-
mary of the project. Motion carried 7-0.
RESOLUTION NO. 142-19
BEE BRANCH HEALTHY HOMES HOUSING
PROJECTS
APPROVAL OF PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATED
COST FOR 278 W 17th STREET HOUSING
REHABILITATION IMPROVEMENTS PRO-
JECT
Whereas, the City Clerk did publish a No-
tice of Public Hearing on April 5, 2019 per
Resolution No. 115-19 on the proposed plans,
specifications, form of contract and estimated
cost for the individual Bee Branch Healthy
Homes Project; and
Whereas, the East Central Intergovern-
mental Association (ECIA), advertised for bids
as directed for the construction of the im-
provements therein provided; and
Whereas, the Dubuque City Council held a
public hearing on April 15, 2019 at 6:00 p.m. in
the Historic Federal Building, second-floor
Chambers, 350 W. 6th Street, Dubuque, Iowa.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The City of Dubuque, Iowa that
the proposed plans, specifications, form of
contract and estimated cost for individual Bee
Branch Healthy Homes Project # 1x0086 in the
estimated amount of, in the estimated amount
$267,183.00, are hereby approved.
Address, Project#, Construction Estimate
278 W. 17th St. (30 units), 1X0086,
$267,183.00
Passed, adopted, and approved this 15th
day of April 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
4. Status of Funded Activities for Commu-
nity Development Block Grant, National Disas-
ter Resilience (CDBG-NDR) Housing Grant:
Proof of publication on notice of public hearing
to consider approval of the Status of Funded
Activities Contract #13-NDRH-001 for Com-
munity Development Block Grant, National
Disaster Resilience Housing Grant, locally
known as the Bee Branch Healthy Homes Re-
siliency Program, and the City Manager rec-
ommending approval. Motion by Jones to re-
ceive and file the documents and adopt Reso-
lution No. 143-19 To Receive and file public
hearing on Status of Funded Activities - Con-
tract #13-NDRH-001 for the Community De-
velopment Block Grant, National Disaster Re-
silience (CDBG-NDR) Housing Grant. Se-
conded by Resnick. Mark Schneider, Commu-
nity Development and Public Services Director
for ECIA, made a brief presentation summariz-
ing the project and provided data on the suc-
cess of previous projects in terms of applica-
tions received, housing construction contracts
let, housing units completed, and home advo-
cate contacts made. Motion carried 7-0.
RESOLUTION NO. 143-19
BEE BRANCH HEALTHY HOMES STATUS
OF FUNDED ACTIVITIES
PUBLIC HEARING ON STATUS OF FUNDED
ACTIVITIES- CONTRACT #13-NDRH-001
FOR THE COMMUNITY DEVELOPMENT
BLOCK GRANT, NATIONAL DISASTER RE-
SILIENCE (CDBG-NDR) HOUSING GRANT
Whereas, the City of Dubuque, Iowa by
and through its Housing & Community Devel-
opment Department, as required by Section
508 of the Housing and Community Develop-
ment Act of 1987 requires local governments
to have a public hearing on the status of a
funded activity during the project; and
Whereas, the City Clerk did publish a No-
tice of Public Hearing on April 5, 2019 per
Resolution No. 116-19 on the proposed plans,
specifications, form of contract and estimated
cost for the individual Bee Branch Healthy
Homes Project; and
Whereas, the Dubuque City Council met in
the Historic Federal Building, Council Cham-
bers, 2nd Floor, 350 West 6th Street, Dubuque,
Iowa at 6:00 p.m. on April 15, 2019 for the
purpose of holding a public hearing and taking
action to include the Status of Funded Activi-
ties CONTRACT #13-NDRH-001 for Commu-
nity Development Block Grant, National Disas-
ter Resilience (CDBG-NDR) Housing Grant.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
The Status of Funded Activity documents
be received and filed for the CDBG-NDR Con-
tract #13-NDRH-001 and are hereby ap-
proved.
Passed, approved and adopted this 15th
day of April 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. Fiscal Year 2019 Second Budget
Amendment: Proof of publication on notice of
public hearing to consider approval of the sec-
ond Fiscal Year 2019 Budget Amendment, and
the City Manager recommending approval.
Motion by Larson to receive and file the docu-
ments and adopt
151 Regular Session April 15, 2019 Book 149
Resolution No. 144-19 Amending the current budget for Fiscal Year Ending June 30, 2019 as last amended on Octo-
ber 1, 2018. Seconded by Resnick. Motion carried 7-0.
NOTICE OF PUBLIC HEARING
AMENDMENT OF FY 2018-2019 CITY BUDGET
The City Council of Dubuque in Dubuque County, Iowa, will meet at the Historic Federal Building 350 West 6 th St.
at 6:00 p.m. on 4/15/19, for the purpose of amending the current budget of the city for the fiscal year ending June 30,
2019 by changing estimates of revenue and expenditure appropriations in the following functions for the reasons giv-
en. Additional detail is available at the city clerk's office showing revenues and expenditures by fund type and by ac-
tivity.
Total Budget as
certified or last
amended
Current
Amendment
Total Budget
after Current
Amendment
Revenues & Other Financing Sources
Taxes Levied on Property 1 25,766,328 25,766,328
Less: Uncollected Property Taxes-Levy Year 2 0 0
Net Current Property Taxes 3 25,766,328 0 25,766,328
Delinquent Property Taxes 4 0 0
TIF Revenues 5 10,182,997 10,182,997
Other City Taxes 6 18,093,849 18,093,849
Licenses & Permits 7 1,653,906 -20,000 1,633,906
Use of Money and Property 8 13,471,848 479,674 13,951,522
Intergovernmental 9 75,408,479 3,684,264 79,092,743
Charges for Services 10 43,532,641 43,532,641
Special Assessments 11 30,000 30,000
Miscellaneous 12 8,306,022 200,737 8,506,759
Other Financing Sources 13 17,258,216 1,360,054 18,618,270
Transfers In 14 38,170,410 -1,077,870 37,092,540
Total Revenues and Other Sources 15 251,874,696 4,626,859 256,501,555
Expenditures & Other Financing Uses
Public Safety 16 30,311,660 13,890 30,325,550
Public Works 17 13,881,376 3,506 13,884,882
Health and Social Services 18 1,041,941 87,830 1,129,771
Culture and Recreation 19 13,492,900 200,974 13,693,874
Community and Economic Development 20 14,446,847 107,038 14,553,885
General Government 21 9,710,321 34,409 9,744,730
Debt Service 22 10,602,563 406,398 11,008,961
Capital Projects 23 80,882,586 2,184,380 83,066,966
Total Government Activities Expenditures 24 174,370,194 3,038,425 177,408,619
Business Type / Enterprises 25 74,733,897 -572,147 74,161,750
Total Gov Activities & Business Expenditures 26 249,104,091 2,466,278 251,570,369
Transfers Out 27 38,170,410 -1,077,870 37,092,540
Total Expenditures/Transfers Out 28 287,274,501 1,388,408 288,662,909
Excess Revenues & Other Sources Over
(Under) Expenditures/Transfers Out Fiscal Year 29 -35,399,805 3,238,451 -32,161,354
Beginning Fund Balance July 1 30 88,559,720 88,559,720
Ending Fund Balance June 30 31 53,159,915 3,238,451 56,398,366
Explanation of increases or decreases in revenue estimates, appropriations, or available cash:
This amendment adds additional revenue from grants received, private funding, bond proceeds, and the appro-
priation to spend the monies. Adjustments to reflect the amended Community Development Annual Plan budget are
included along with savings from completed or cancelled projects and available cash balance is used to fund in-
creased operations.
There will be no increase in tax levies to be paid in the current fiscal year named above related to the proposed
budget amendment. Any increase in expenditures set out above will be met from the increased non -property tax rev-
enues and cash balances not budgeted or considered in this current budget.
Jennifer Larson, Director of Finance & Budget
152 Regular Session April 15, 2019 Book 149
6. NW Arterial and Pennsylvania Avenue
Right-Turn-Lane Improvement Project: Proof
of publication on notice of public hearing to
consider approval of the plans, specifications,
form of contract, and estimated cost for the
NW Arterial and Pennsylvania Avenue Right-
Turn Lane Improvement Project, and the City
Manager recommending approval. Motion by
Jones to receive and file the documents and
adopt Resolution No. 145-19 Approval of
plans, specifications, form of contract and es-
timated cost for the Northwest Arterial - Penn-
sylvania Avenue Right-Turn-Lane Project. Se-
conded by Del Toro. Responding to questions
from the City Council regarding future im-
provements at that intersection, City Manager
Van Milligen stated that aside from the high-
way being kept in a “state of good repair,”
there is no expectation of major improvements
by the IDOT ahead of the imminent transfer of
jurisdiction of IA32 from the IDOT to the City.
The City would have to apply for grant funding
to make major improvements once it takes
ownership of IA32. Concern over pedestrian
traffic crossing with the northbound, right-
turning traffic was discussed with the sugges-
tion of a right red arrow to help with pedestrian
safety. Council Member Resnick noted that
this past winter was tough on local roads gen-
erally, and repairs will take time. Motion car-
ried 7-0.
RESOLUTION NO. 145-19
APPROVAL OF PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATED
COST FOR THE NORTHWEST ARTERIAL -
PENNSYLVANIA AVE RIGHT TURN LANE
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 cost for the
Northwest Arterial - Pennsylvania Avenue
Right Turn Lane Project, in the estimated
amount $354,600.00, are hereby approved.
Passed, adopted and approved this the
15th day of April 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
ACTION ITEMS
1. Greater Dubuque Development Corpo-
ration (GDDC) - Quarterly Update and Oppor-
tunity Dubuque Biannual Report: President
and CEO Rick Dickinson deferred the quarterly
update to speak on the new Big Life, Small
Community campaign just launched and re-
view the Opportunity Dubuque Biannual Re-
port. City Manager recommended acceptance
of the Opportunity Dubuque Biannual Report.
Motion by Resnick to receive and file the doc-
uments, view the presentation and accept the
Opportunity Dubuque Biannual Report as rec-
ommended. Seconded by Del Toro. Motion
carried 7-0.
Kristen Dietzel, Vice President of Work-
force Solutions with GDDC, provided a verbal
and slide presentation on the Big Life Small
Community campaign and associated video.
This campaign connects newcomers, current
residents and employers with online communi-
ty resources such as housing, education,
transportation, entertainment, pets, city gov-
ernment, community engagement, education
programs and relocation information. Ms. Diet-
zel provided a history of the Opportunity
Dubuque program and expanded on the out-
comes of the program that provide skills and
education that enable participants to enter the
workforce and/or continue with their education.
2. Grand River Center Presentation of An-
nual Report: Mitzi Yordy, Manager of the
Grand River Center, presented the 2018 An-
nual Report and update of activities in the cur-
rent fiscal year and plans for the future. Topics
included the purpose or the GRC, 2018 out-
comes, recognition of the employee team,
promotional strategy, website data, annual
group comparison, annual market segment
data 2018 and 2019 forecasted, completed
and planned facility improvements projects,
sustainability efforts, partnerships, and 2018
and 2019 bookings. Motion by Shaw to receive
and file the documents. Seconded by Larson.
Motion carried 7-0.
3. Release of Funds Request for 278 West
17th Street: City Manager recommended au-
thorization for the Mayor to execute a Request
for Release of Funds and Certification for
Community Development Block Grant (CDBG)
for the 278 West 17th Street Rehabilitation
Project and adoption of a resolution to submit
to the U.S. Department of Housing and Urban
Development (HUD). Motion by Larson to re-
ceive and file the documents and adopt Reso-
lution No. 146-19 Authorizing request for Re-
lease of Funds and Certification for Communi-
ty Development Block Grant (CDBG) Funds for
the 278 West 17th Street Project. Seconded by
Jones. Motion carried 7-0.
RESOLUTION NO. 146-19
AUTHORIZING REQUEST FOR RELEASE
OF FUNDS AND CERTIFICATION FOR
COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) FUNDS FOR THE 278
WEST 17TH STREET PROJECT
Whereas, the City of Dubuque has been
awarded Community Development Block
Grant funds from the U.S. Department of
Housing and Urban Development (HUD); and
153 Regular Session April 15, 2019 Book 149
Whereas, pursuant to the rules and regula-
tions as promulgated by the U.S. Department
of Housing and Urban Development (HUD), an
environmental review has been processed for
Community Development Block Grant funds;
and
Whereas, a Notice of Intent to Request Re-
lease of Funds for said grant has been pub-
lished on March 25, 2019 to commence the
required fifteen (15) day comment period; and
Whereas, any and all comments received
as a result of such notice will be duly consid-
ered before proceeding with a Request for
Release of Funds and Certification; and
Whereas, a Request for Release of Funds
and Certification must be sent to the U.S. De-
partment of Housing and Urban Development
(HUD) at the conclusion of the comment peri-
od.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Mayor of the City of
Dubuque is hereby authorized and directed to
execute a Request for Release of Funds and
Certification on or about April 15, 2019 and
submit to the U.S. Department of Housing and
Urban Development (HUD).
Section 2. That the Mayor of the City of
Dubuque is hereby authorized to consent to
assume the status of a responsible federal
official under the National Environmental Pro-
tection Act, insofar as the provisions of the
said Act apply to the U.S. Department of Hous-
ing and Urban Development responsibilities for
review, decision making, and action assumed
and carried out by the City of Dubuque as to
environmental issues.
Section 3. That the Mayor of the City of
Dubuque is hereby authorized to consent per-
sonally, in his official capacity and on behalf of
the City of Dubuque, to accept the jurisdiction
of the federal courts if an action is brought to
enforce responsibilities in relation to environ-
mental review process, decision-making and
action.
Passed, approved and adopted this 15th
day of April 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
4. Request for Work Session on Imagine
Dubuque Implementation: City Manager rec-
ommended that the City Council schedule a
work session for May 28, 2019 at 6:00 p.m. in
the City Council Chambers regarding the pro-
cess and timeline for implementation of Imag-
ine Dubuque 2037: A Call to Action. Motion by
Larson to receive and file the documents and
schedule the work session as recommended.
Seconded by Del Toro. No schedule conflicts
were noted. Motion carried 7-0.
5. Request for Work Session on Sustaina-
ble Dubuque: City Manager recommended that
the City Council schedule a work session for
May 6, 2019 at 5:30 p.m. in the Council
Chambers regarding Sustainable Dubuque,
Greenhouse Gas Inventory and Climate Action
Plan. Motion by Shaw to receive and file the
documents and schedule the work session as
recommended. Seconded by Resnick. No
schedule conflicts were noted. Motion carried
7-0.
COUNCIL MEMBER REPORTS
Council Member Resnick reported on the
many arts events he attended and were avail-
able in the community during the last two
weeks.
Council Member Jones congratulated the
DREAM Center on its many successful out-
comes and depth of commitment. Council
Member Larson concurred.
Mayor Buol reported on the two community
members that he witnesses voluntarily picking
up trash during their early morning walks and
asked all citizens to not litter and to help pick
up debris.
CLOSED SESSION
Motion by Jones to convene in closed ses-
sion at 7:27 p.m. to discuss pending litigation
and real estate transfer negotiations pursuant
to Chapter 21.5(1)(c), -(j) Code of Iowa. Se-
conded by Resnick. Mayor Buol stated for the
record that the attorneys who will consult with
City Council on the issues to be discussed in
the closed session are City Attorney Crenna
Brumwell and Attorney Les Reddick. Motion
carried 7-0.
Upon motion the City Council reconvened
in open session at 7:48 p.m. stating that staff
had been given property direction.
There being no further business, upon mo-
tion the City Council adjourned at 7:49 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
154 Special Session April 29, 2019 Book 149
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special
session at 6:00 p.m. on April 29, 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, Senior Counsel
Lindahl
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
the Inclusive Dubuque Quarterly Report.
WORK SESSION
Inclusive Dubuque Quarterly Report
Inclusive Dubuque network partners pre-
sented updates on the following topics.
1. Initiative Updates: Paul Duster and
Collins Eboh of the Community Foun-
dation of Greater Dubuque
• Advancing Equity Report
• Business Leader Equity Cohort
• Best Practice in Diversity
• Equity and Inclusion Series
• Data Walk of April 2, 2019
• NAACP Speaker Series
• MIT Students
2. Network Partners at Work: Taylor
Cummings of Travel Dubuque
• Enhance traveler & community ex-
perience by Infusing inclusion con-
siderations into the development of
the 2019 Travel Guide
3. Loras College Campus in Action:
Jake Kurczek, Katrina Ferren-Eller; Lo-
ras College students Mallory Gardner,
Jon Quinn, Alex Rowe, Isabel Hernan-
dez, and James Dunican
• Partnerships with City of Dubuque
Human Rights and Imagine Dubu-
que 2037 A Call to Action
• Campus Compact Civic Action
Plans
• Cultural Snapshots Project
• Engaged Scholars Initiative
• Civil Leaders Program
• Immigration Consultation; Mar-
shallese Canoe Program, Commu-
nity Survey
• Using a diversity, equity and inclu-
sion (DEI) lens and systems ap-
proach
• Organizational Communications:
the Lorian Project
The City Council had discussion with the
presenters following the presentation.
There being no further business, upon mo-
tion the City Council adjourned at 7:14 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
155 Special and Regular Sessions May 6, 2019 Book 149
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special
session at 5:30 p.m. on May 6, 2019 in the
second-floor Council Chambers of the Historic
Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members
Jones, Larson, Resnick, Rios (joined at 5:49),
Shaw; City Manager Van Milligen, City Attor-
ney Brumwell
Absent: Council Member Del Toro
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
the Sustainable Dubuque Quarterly Report.
WORK SESSION
Sustainable Dubuque Quarterly Report
Sustainability Coordinator Gina Bell pro-
vided a slide presentation highlighting the fol-
lowing topics from the Sustainable Dubuque
Quarterly Report:
1. 50% by 2020 Greenhouse Gas Reduc-
tion Plan
a. Defining greenhouse gas;
b. Greenhouse gas inventory;
c. Definition of what 50% by 2020
means and how can it be used;
d. Opportunities, process and part-
nerships for achieving reduction;
• Waste, energy, transporta-
tion, buildings, and miscella-
neous;
e. Climate Action Plan, inventory,
update and recommendations;
Ms. Bell responded to questions from the
City Council following the presentation.
There being no further business, upon mo-
tion the City Council adjourned at 5:50 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular
session at 6:00 p.m. on May 6, 2019 in the
second-floor Council Chambers of the Historic
Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members
Jones, Larson, Resnick, Rios, Shaw; City
Manager Van Milligen, City Attorney Brumwell
Absent: Council Member Del Toro
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
SWEARING IN
1. Mayor Buol administered the Oath of Of-
fice to Mayor Pro-Tem Jake Rios.
PRESENTATION(S)
1. Multicultural Family Center AmeriCorps
Award: AmeriCorps Director Heather Slatterly
presented the Champion of Service Award to
the Multicultural Family Center received by
MFC Director Jackie Hunter.
2. Tree City USA 2018 Award: Park Divi-
sion Manager Steve Fehsal presented the
2018 Tree City USA award received by the
City of Dubuque Leisure Services Department
from the Arbor Day Foundation and the Iowa
Department of Natural Resources. Dubuque
Trees Forever members Laura Roussell,
Hobie Wood, Terry Leibold; and City Arborist
Tom Kramer.
PROCLAMATION(S)
1. Bike to Work & School Days/Week (May
7 & 8, 13-19, 2019) was accepted by Trans-
portation Manager Renee Tyler.
2. Kids to Parks Day (May 18, 2019) was
accepted by Leisure Services Manager Marie
Ware.
3. Dubuque Salvation Army Week (May
12-18, 2019) was accepted by Captain Mat-
thew Phelps.
156 Regular Session May 6, 2019 Book 149
4. Community Action Agency Month (May
2019) was accepted by Operation New View
Director John Wilson.
5. Historic Preservation Month (May 2019)
was accepted by Historic Preservation Com-
mission Chairperson, Emily Hilgendorf.
6. Mental Health Month (May 2019) was
accepted by Mayor Roy Buol and presented
after the meeting to Sue Whitty, President,
Mental Health America of Dubuque County.
7. Play Ball Summer (June-August 2019):
was accepted by Mayor Roy D. Buol on behalf
of the U.S. Conference of Mayors.
CONSENT ITEMS
Motion by Resnick to receive and file the
documents, adopt the resolutions, and dispose
of as indicated. Seconded by Shaw. Council
Member Resnick requested #16 be held for
separate discussion. Motion carried 6-0.
1. Minutes and Reports Submitted: Arts
and Cultural Affairs Advisory Commission of
4/23; Cable TV Commission of 5/1; City Coun-
cil Proceedings of 4/15, 4/29; Civil Service
Commission Minutes of 3/7, 4/18; Historic
Preservation Commission of 4/18; Historic
Preservation Fair Committee of 4/18; Housing
Commission of 3/26; Human Rights Commis-
sion of 3/11; Investment Oversight Advisory
Commission of 4/24; Library Board of Trustees
Council Update #182 of 4/25; Long Range
Planning Advisory Commission of 4/17; Proof
of publication for City Council Proceedings of
4/1; Proof of publication for List of Claims and
Summary of Revenues for Month Ending 3/31.
Upon motion the documents were received
and filed.
2. Notice of Claims and Suits: Konstantine
Batonisashrili for vehicle damage; Nick
Hermsen for vehicle damage; Kassandra Ja-
cobs for vehicle damage; Carol McDonald for
property damage, Aiman Al-Qady vs. City of
Dubuque Housing Board of Appeals. Upon
motion the documents were received, filed,
and referred to the City Attorney.
3. Disposition of Claims: City Attorney ad-
vising that the following claims have been re-
ferred to Public Entity Risk Services of Iowa,
the agent for the Iowa Communities Assurance
Pool: Konstantine Batonisashrili for vehicle
damage, Nick Hermsen for vehicle damage,
Kassandra Jacobs for vehicle damage, Carol
McDonald for vehicle damage. Upon motion
the documents were received, filed, and con-
curred.
4. Approval of City Expenditures: City
Manager recommending Council approval for
payment of City expenditures. Upon motion
the documents were received and filed, and
Resolution No. 148-19 Authorizing the Finance
Director-City Treasurer to make certain pay-
ments of bills that must be paid and approved
for payment in accordance with City proce-
dures was adopted.
RESOLUTION NO. 148-19
AUTHORIZING THE FINANCE DIRECTOR-
CITY TREASURER TO MAKE CERTAIN
PAYMENTS OF BILLS THAT MUST BE PAID
AND APPROVED FOR PAYMENT IN AC-
CORDANCE 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 req-
uisitioned for a lawful municipal purpose; and
Whereas, the Finance Director-City Treas-
urer 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 pay-
ment 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 requested
by designated requisitioning authorities in ac-
cordance with approved budget appropria-
tions.
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 6th
day of May 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
157 Regular Sessions May 6, 2019 Book 149
5. Dollars & Cents Public Information Bro-
chure: City Manager providing a copy of the
current Dollars & Cents public information bro-
chure. Upon motion the document was re-
ceived and filed.
6. Quarterly Investment Report for March
31, 2019: City Manager transmitting the March
31, 2019 Quarterly Investment Report. Upon
motion the documents were received and filed.
7. Community Foundation of Greater
Dubuque 2018 Annual Report: City Manager
providing a copy of the 2018 Annual Report for
the Community Foundation of Greater Dubu-
que. Upon motion the document was received
and filed.
8. Letter to Legislators - Iowa Property Tax
System HF773: City Manager providing a copy
of correspondence to Legislators in opposition
to HF773 regarding amendments to the Iowa
property tax system. Upon motion the docu-
ment was received and filed.
9. City of Dubuque Letter in Opposition to
the National Park Service's NPS-2019-0001
NRHP Rulemaking related to changes in the
National Register of Historic Places Nomina-
tion Process: Mayor Buol providing a copy of
his letter to the National Parks Service Cultural
Resources Partnerships and Science & Keep-
er of the National Register of Historic Places in
opposition to the proposed rule changes to the
National Register of Historic Places Nomina-
tion as described in docket NPS-2019- 0001:
84 FR 6996-7005. Upon motion the docu-
ments were received and filed.
10. Greater Dubuque Development Board
of Directors: City Clerk submitting correspond-
ence with Greater Dubuque Development
Corporation (GDDC) confirming appointments
to GDDC's Board of Directors for terms begin-
ning July 1, 2019. Upon motion the documents
were received and filed.
11. AmeriCorps Partners in Learning Grant
Application 2019-2020: City Manager recom-
mending approval of the 2019-2020 Ameri-
Corps Partners in Learning Healthy Futures
Grant application to the Iowa Commission on
Volunteer Service, and now submitted to the
Corporation for National and Community Ser-
vice. Upon motion the documents were re-
ceived, filed and approved.
12. Jule Transit College and University
Partnership Contracts: City Manager recom-
mending approval of contracts for the Col-
lege/University Transit Partnership with Clarke
University, Loras College and the University of
Dubuque for the 2019-2020 school year. Upon
motion the documents were received, filed and
approved.
13. Certificate of Completion for Flexsteel
Industries, Inc. 385 Bell Street Property: City
Manager recommending approval of a Certifi-
cate of Completion for the Flexsteel Industries,
Inc. property located at 385 Bell Street. Upon
motion the documents were received and filed,
and Resolution No. 149-19 Approving a Certif-
icate of Completion to Flexsteel Industries,
Inc., for the development of 385 Bell Street
was adopted.
RESOLUTION NO. 149-19
APPROVING A CERTIFICATE OF COMPLE-
TION TO FLEXSTEEL INDUSTRIES, INC.
FOR THE DEVELOPMENT OF 385 BELL
STREET
Whereas, the City Council, by Resolution
No. 139-11, dated April 18, 2011, approved a
Development Agreement (Agreement) with
Flexsteel Industries, Inc. (Developer) for the
development of 385 Bell Street in the City of
Dubuque, Iowa (Property); and
Whereas, Section 10.4 of the Agreement
obligated the City to provide a Certificate of
Completion at the request of the Developer
upon completion of the Minimum Improve-
ments; and
Whereas, City staff have determined that
the Minimum Improvements are complete ac-
cording to the terms and conditions set forth in
the Development Agreement.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Certificate of Comple-
tion for the Minimum Improvements at 385 Bell
Street, a copy of which is attached hereto, is
hereby approved.
Section 2. That the Mayor is hereby au-
thorized and directed to execute the Certificate
of Completion on behalf of the City of Dubuque
and the City Clerk is authorized and directed to
attest to his signature.
Passed, approved and adopted this 6th day
of May 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
14. Consultant Selection for Four Mounds
Park Ecological Restoration: City Manager
recommending approval of the selection of
Applied Ecological Services, Inc. as the con-
sultant for Four Mounds Park Ecological Res-
toration Project. Upon motion the documents
were received, filed and approved.
15. Request for Proposals for Replacement
Buses: City Manager recommending approval
of the release of a Request for Proposals for
158 Regular Session May 6, 2019 Book 149
nine replacement buses for The Jule. Upon
motion the documents were received, filed and
approved.
16. Request for Proposals - Climate Action
Plan Consultant: City Manager recommending
approval of the release of a Request for Pro-
posals for a consultant with expertise in facili-
tating and developing climate action plans with
inclusive community engagement to update
the City of Dubuque’s Climate Action Plan.
Motion by Resnick to receive and file the doc-
uments and approve the recommendation.
Seconded by Jones. Responding to questions
from Mr. Resnick, Sustainability Coordinator
Gina Bell stated that other cities’ practices
were researched with regard to constructing
the RFP and budgeting adding that partnering
with other communities is a possibility. Motion
carried 6-0.
17. 2018-2019 Snow Removal Assess-
ments from Public Right-of-Way: City Manager
recommending the establishment of the final
assessments for the 2018-2019 Snow Remov-
al from City Right-of-Way. Upon motion the
documents were received and filed, and Reso-
lution No. 150-19 Adopting the Final Assess-
ment Schedule for the 2018-2019 Snow Re-
moval Assessment – Right-of-Way Obstruction
Removal Assessment Project was adopted.
RESOLUTION NO. 150-19
ADOPTING THE FINAL ASSESSMENT
SCHEDULE FOR THE 2018-2019 SNOW
REMOVAL ASSESSMENT – RIGHT-OF-WAY
OBSTRUCTION REMOVAL ASSESSMENT
PROJECT
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
After full consideration, the Final Schedule
of Assessments as shown on the attached
sheet(s), Page 1 to Page 2 inclusive; is hereby
approved for the Snow Removal Assessment
– Right-of-Way Obstruction Removal Assess-
ment Project.
There is hereby assessed and levied as a
special tax against and upon each of the bene-
fited properties, the respective sums indicated.
The amounts shown in said Final Schedule of
Assessments as deficiencies are found to be
proper and levied conditionally against the
respective properties benefited by the im-
provements as shown in the Final Schedule of
Assessments, subject to the provisions of Iowa
Code § 364.12. Said assessments against
said lots are hereby declared to be in propor-
tion to the special benefits conferred and not in
excess of twenty-five percent of the value of
same.
The City Clerk be and is hereby directed to
certify the Final Schedule of Assessments to
the County Treasurer of Dubuque County,
Iowa, and to publish notice of said certification
once each week for two consecutive weeks in
the manner provided in Iowa Code § 362.3,
the first publication of which shall be not more
than fifteen days from the date of filing of the
Final Schedule of Assessments. On or before
the date of the second publication of the no-
tice, the City Clerk shall also mail a copy of
said notice to property owners whose property
is subject to assessment, as provided in Iowa
Code § 384.60.
The assessments may be paid in full or in
part without interest at the office of the City
Treasurer, City Hall, 50 W. 13th Street, Dubu-
que, Iowa, at any time within 30 days after the
date of the first notice of the Final Schedule of
Assessments. Thereafter, unpaid assessments
are payable at the County Treasurer’s Office,
Dubuque County Courthouse, 720 Central
Avenue, Dubuque, Iowa in the same manner
as property taxes as provided in Section
384.65 of the Code of Iowa. Each installment
will be delinquent from October 1 following its
due date on July 1 of each year. However,
when the last day of September is a Saturday
or Sunday, that amount shall be delinquent
from the second business day of October.
Passed, approved and adopted this 6th day
of May 2019.
Roy D. Buol, Mayor
Attest: Kevin Firnstahl, City Clerk
CITY OF DUBUQUE, IOWA SCHEDULE OF
FINAL ASSESSMENTS
2017-2018 SIDEWALK SHOVELING AS-
SESSMENTS DATE: MAY 10, 2019
The following schedule is hereby deter-
mined to show each lot proposed to be as-
sessed for the improvement shown in the title
together with the amount proposed to be as-
sessed against each lot and the valuations
shown opposite each lot are hereby fixed as
the true valuations of such lots by the City
Council of the City of Dubuque.
Property Owner Name; Lot Description;
Parcel Number; Mailing Address;
City/State/Zip; Street Address; Valuation
with Improvement; Sidewalk Assessment;
Administrative Fee; Total Net Assessment
Nottingham Properties LLC; Lot 2-1-1 of
City Lot 667; 1024338008; 485 Locust St.;
Dubuque IA 52001; 1461 Bluff St.; $40,910;
$52.00; $25.00; $77.00
Brooklynn Enterprises, LLC; E 107'-N 3' of
Lot 1A & E 100' of Lot 1-1 & E 100'-2-1 all in
Cooley’s Sub; 1024329039; 2901 1/2 Muscat-
ine St.; Dubuque IA 52001; 1491 Bluff St.;
$136,730; $52.00; $25.00; $77.00
Aaron M. & Sara J. Young; Lot 1 of S 50' of
1-2-2 of City Lot 678 & Lot 1-2-2-2 of City Lot
678 (1803 & 1805 Madison St.);
1024180024;910 Valentine Dr.; Dubuque IA
159 Regular Sessions May 6, 2019 Book 149
52003;1805 Madison St.; $100,040; $133.50;
$25.00; $158.50
Novelty Iron Landlord LLC; Unit #1 Novelty
Iron Works Condominiums Located on Lot 1-1
Center City Place #2;1024480032;333 E 10th
St; Dubuque IA 52001; 333 E 10th St.;
$3,686,940; $222.00; $25.00; $247.00
Red Owl Investments, LLC; Lot 1-1 Bow-
ens Sub; 1024179005;656 Lowell St.; Dubu-
que IA 52001; 450 W Locust St.; $45,880;
$126.50; $25.00; $151.50
18. Approval of Plat of Survey for Steeple
Square, LLC Block Redevelopment: City Man-
ager recommending approval of the Plat of
Survey (Vacation) of City Lot 484-A, which will
be vacated to SS Event Center LLC (Steeple
Square) as part of their redevelopment of the
entire block. Upon motion the documents were
received and filed, and Resolution No. 151-19
Approving Plat of Proposed Vacated Right-of-
Way of the alley between Jackson St. and
White St. from E. 16th St. to E. 15th St. de-
scribed as City Lot 484-A, in the City of Dubu-
que, Iowa was adopted.
RESOLUTION NO. 151-19
APPROVING PLAT OF PROPOSED VA-
CATED RIGHT OF WAY OF THE ALLEY
BETWEEN JACKSON ST. AND WHITE ST.,
FROM E. SIXTEENTH ST. TO E. FIFTEENTH
ST., DESCRIBED AS CITY LOT 484-A, IN
THE CITY OF DUBUQUE, IOWA
Whereas, there has been presented to the
City Council of the City of Dubuque, Iowa, a
vacation plat dated February 5, 2019 prepared
by Buesing and Associates, Inc., showing the
Alley between Jackson St. and White St., from
E. Sixteenth St. to E. Fifteenth St., described
as City Lot 484-A, in the City of Dubuque, Io-
wa; and
Whereas, said plat conforms to the laws
and statutes pertaining thereto.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the vacation plat dated
February 5, 2019 prepared by the Buesing and
Associates, Inc., relative to the real estate
hereinabove described be and the same is
hereby approved, and the Mayor and City
Clerk be and they are hereby authorized and
directed to execute said plat for and on behalf
of the City of Dubuque, Iowa.
Section 2. That the City Clerk be and is
hereby authorized and directed to file said plat
and certified copy of this resolution in the office
of the Recorder in and for Dubuque County,
Iowa.
Passed, approved and adopted this 6th day
of May 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
19. Upper Bee Branch Creek Restoration
Railroad Culvert Crossing Project Engineering
Services: City Manager recommending ap-
proval of Task Order 19-02 for Strand Associ-
ates to provide engineering services during
construction of the Bee Branch Railroad Cul-
verts Project. Upon motion the documents
were received, filed and approved.
20. Economic Development Administration
(EDA) Grant Agreement for Bee Branch Creek
Culvert Inlet Structure (Flood Gates) and
Stormwater Pumping Station: City Manager
recommending approval to enter into a Finan-
cial Assistance Award agreement with the U.S.
Economic Development Administration to se-
cure grant funding for the 16th Street Deten-
tion Basin Flood Gates Project, otherwise
known as the Bee Branch Flood Mitigation
Gate & Pump Replacement Project. Upon mo-
tion the documents were received and filed,
and Resolution No. 152-19 Approving a U.S.
Economic Development Administration Disas-
ter Relief Opportunity Grant and pledging the
local match in the amount of $6,635,000 from
State Sales Tax Increment or Stormwater Utili-
ty Funds for construction of a new Culvert Inlet
Structure and Stormwater Pumping Station at
the 16th Street Detention Basin was adopted.
RESOLUTION NO. 152-19
APPROVING A US ECONOMIC DEVELOP-
MENT ADMINISTRATION DISASTER RE-
LIEF OPPORTUNITY GRANT AND PLEDG-
ING THE LOCAL MATCH IN THE AMOUNT
OF $6,635,000 FROM STATE SALES TAX
INCREMENT OR STORMWATER UTILITY
FUNDS FOR CONSTRUCTION OF A NEW
CULVERT INLET STRUCTURE AND
STORMWATER PUMPING STATION AT THE
16TH STREET DETENTION BASIN
Whereas, the City Council of the City of
Dubuque, Iowa wishes to apply through the
Economic Development Administration (EDA),
U.S. Department of Commerce for a FY2018
Disaster Relief Opportunity grant for upgrades
to the 16th Street Detention Basin Culvert Inlet
Structure and Stormwater Pumping Station,
and
Whereas, the City Council, passed Resolu-
tion 368-18 in support of the grant application
for $4,000,000 in EDA grant funding and
pledged $5,135,000 in local matching funds for
the 16th Street Detention Basin Culvert Inlet
Structure and Stormwater Pumping Station
Project (Project); and
Whereas, the City has been awarded
$2,500,000.00 in EDA grant funding; and
Whereas, the EDA has provided a Finan-
cial Assistance Award agreement (Agreement)
outlining the terms of the City’s use of the
grant funding; and
160 Regular Session May 6, 2019 Book 149
Whereas, the Agreement outlines that the
City’s share of the Project is $6,635,000.00;
and
Whereas, the City intends to use a combi-
nation of state sales tax increment and local
stormwater utility fee proceeds to cover the
City’s share of the Project cost; and
Whereas, it is in the City’s best interest to
enter into the Agreement in order for the City
to receive the $2,500,000.00 in EDA grant
funding for the Project.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Amends Resolution 368-18,
Section 3 by replacing “pledges the amount of
$5,135,000 from GO Bonds or a State Revolv-
ing Fund loan” with “pledges the amount of
$6,635,000 from state sales tax increment or
local stormwater utility fee proceeds.”
Section 2. The Mayor is hereby authorized
to sign the Financial Assistance Award agree-
ment with the Economic Development Admin-
istration securing $2,500,000.00 in Economic
Development Administration grant funding for
the 16th Street Detention Basin Flood Gates
(a.k.a. Bee Branch Flood Mitigation Gate &
Pump Replacement Project).
Section 3. The City Manager is hereby au-
thorized to act as an authorized representative
on the Economic Development Administration
Financial Assistance Award agreement and
may execute any documents required by the
agreement as the Economic Development
Administration may reasonably request.
Passed, approved and adopted this 6th day
of May 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
21. Award of the 2019 Asphalt Overlay Ac-
cess Ramp Project One: City Manager rec-
ommending that the award for the 2019 As-
phalt Overlay Access Ramp Project One 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.
22. Acceptance of 2018 Pavement Marking
Project: City Manager recommending ac-
ceptance of the construction contract for the
2018 Pavement Marking Project, as completed
by SELCO, Inc. Upon motion the documents
were received and filed, and Resolution No.
153-19 Accepting the 2018 Pavement Marking
Project and authorizing the payment to the
contractor was adopted.
RESOLUTION NO. 153-19
ACCEPTING THE 2018 PAVEMENT MARK-
ING PROJECT AND AUTHORIZING THE
PAYMENT TO THE CONTRACTOR
Whereas, the public improvement contract
for the 2018 Pavement Marking Project, (the
Project) has been completed by the Contrac-
tor, SELCO, Inc. (Contractor), the City Engi-
neer has examined the work and recommends
that the Project be accepted; and
Whereas, the final contract amount for the
Project is $116,417.56; and
Whereas, the Contractor has previously
been paid $110,596.68, leaving a balance of
$5,820.88; and
Whereas, the City Council finds that the
recommendation of the City Engineer should
be accepted.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City
Engineer is approved, and the Project is here-
by accepted.
Section 2. The Finance Director is hereby
directed to pay to the Contractor the balance
of the retainage of $5,820.88 as provided in
Iowa Code chapter 573, and to pay such re-
tainage in accordance with the provisions of
Iowa Code chapter 573 or Iowa Code chapter
26.13.
Passed, approved and adopted this 6th
day of May 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL
COMPLETION OF 2018 PAVEMENT MARK-
ING PROJECT
The undersigned City Engineer of the City
of Dubuque, Iowa, hereby certifies that he has
inspected the 2018 Pavement Marking Project
has been performed in compliance with the
terms of the Public Improvement Contract, and
that the total cost of the completed work is
$123,777.98.
Dated this 26th day of April 2019.
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 26 th
day of April 2019.
/s/Kevin S. Firnstahl, City Clerk
23. Acceptance of a Grant of Easement for
Hike/Bike Trail and Public Utilities in Dubuque
Industrial Center 7th Addition: City Manager
recommending acceptance of a Grant of
Easement from 7G Properties, LLC across
Part of Lot 2 of 2 of Dubuque Industrial Center
7th Addition, in the City of Dubuque for
Hike/Bike Trail and Public Utilities as part of
the Chavenelle Road Hike/Bike Trail Project.
Upon motion the documents were received
and filed, and Resolution No. 154-19 Accept-
ing a Grant of Easement for hike/bike trail and
public utilities across part of Lot 2 of 2 of
Dubuque Industrial Center 7th Addition in the
City of Dubuque, Iowa was adopted.
161 Regular Sessions May 6, 2019 Book 149
RESOLUTION NO. 154-19
ACCEPTING A GRANT OF EASEMENT FOR
HIKE/BIKE TRAIL AND PUBLIC UTILITIES
ACROSS PART OF LOT 2 OF 2 OF DUBU-
QUE INDUSTRIAL CENTER 7TH ADDITION,
IN THE CITY OF DUBUQUE, IOWA
Whereas, 7G Properties, LLC, has execut-
ed a Grant of Easement for Hike/Bike Trail and
Public Utilities across Part of Lot 2 of 2 of
Dubuque Industrial Center 7th Addition, in the
City of Dubuque, Iowa.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of
Dubuque, Iowa, hereby approves of, accepts
and consents to the Grant of Easement for
Hike/Bike Trail and Public Utilities across Part
of Lot 2 of 2 of Dubuque Industrial Center 7th
Addition, in the City of Dubuque, Iowa from 7G
Properties, LLC, a copy of which is attached
hereto.
Section 2. The Mayor is hereby authorized
and directed to execute and acknowledge on
behalf of the City of Dubuque any instruments
in connection herewith.
Section 3. That the City Clerk be and is
hereby authorized and directed to record a
certified copy of this resolution in the offices of
the City Assessor, Dubuque County Recorder
and Dubuque County Auditor.
Passed, approved and adopted this 6th day
of May 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
24. Acceptance of Grants of Easement for
Sidewalk and Public Utilities as part of the
Northwest Arterial – Pennsylvania Avenue
Right Turn Lane Project: City Manager rec-
ommending acceptance of Grants of Ease-
ment for Sidewalk and Public Utilities from
Dupaco Community Credit Union and Dubu-
que Assembly of God, Inc. across properties
on Pennsylvania Avenue in the City of Dubu-
que as part of the Northwest Arterial – Penn-
sylvania Avenue Right Turn Lane Project. Up-
on motion the documents were received and
filed, and Resolution No. 155-19 Accepting
Grants of Easement for sidewalk and public
utilities associated with the Northwest Arterial -
Pennsylvania Avenue Right-Turn Lane Project
in the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 155-19
ACCEPTING GRANTS OF EASEMENT FOR
SIDEWALK AND PUBLIC UTILITIES ASSO-
CIATED WITH THE NORTHWEST ARTERI-
AL – PENNSYLVANIA AVENUE RIGHT
TURN LANE PROJECT, IN THE CITY OF
DUBUQUE, IOWA
Whereas, Dupaco Community Credit Un-
ion, has executed a Grant of Easement for
Sidewalk and Public Utilities across Part of Lot
1 of Assembly of God Place No. 2, in the City
of Dubuque, Iowa, in the City of Dubuque,
Iowa; and
Whereas, Dubuque Assembly of God, Inc.,
has executed a Grant of Easement for Side-
walk and Public Utilities across Part of Lot 2 of
Assembly of God Place No. 2, in the City of
Dubuque, Iowa, in the City of Dubuque, Iowa.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of
Dubuque, Iowa, hereby approves of, accepts
and consents to the Grants of Easement for
Sidewalk and Public Utilities, across the prop-
erties as listed above, in the City of Dubuque,
Iowa from the property owners as listed above,
copies of which are attached hereto.
Section 2. The Mayor is hereby authorized
and directed to execute and acknowledge on
behalf of the City of Dubuque any instruments
in connection herewith.
Section 3. That the City Clerk be and is
hereby authorized and directed to record a
certified copy of this resolution with each said
Grant of Easement for Sidewalk and Public
Utilities, in the offices of the City Assessor,
Dubuque County Recorder and Dubuque
County Auditor.
Passed, approved and adopted this 6th day
of May 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
25. Acceptance of Sanitary Sewer Ease-
ment in Nemmers Cedar Ridge Farm: City
Manager recommending acceptance of a sani-
tary sewer easement from Nemmers Cedar
Ridge Farm Limited Partnership for a pro-
posed public sanitary sewer across Part of Lot
1 in Cedar Ridge Farm Place No. 16 in the
City of Dubuque. Upon motion the documents
were received and filed, and Resolution No.
156-19 Accepting a Grant of Easement for
sanitary sewer through, over and across part
of Lot 1 in Cedar Ridge Farm Place No. 16 in
the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 156-19
ACCEPTING A GRANT OF EASEMENT FOR
SANITARY SEWER THROUGH, OVER AND
ACROSS PART OF LOT 1 IN CEDAR RIDGE
FARM PLACE NO. 16, IN THE CITY OF
DUBUQUE, IOWA
Whereas, Nemmers Cedar Ridge Farm
Limited Partnership and the City of Dubuque
wish to set forth terms for the construction,
maintenance, and replacement of proposed
public sanitary sewer utility located in Part of
Lot 1 in Cedar Ridge Farm Place No. 16, in the
City of Dubuque, Dubuque County, Iowa; and
162 Regular Session May 6, 2019 Book 149
Whereas, Nemmers Cedar Ridge Farm
Limited Partnership have executed an Ease-
ment for Sanitary Sewer through, over and
across Part of Lot 1 in Cedar Ridge Farm
Place No. 16, in the City of Dubuque, Dubuque
County, Iowa.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of
Dubuque, Iowa, hereby approves of, accepts
and consents to the Grant of Easement for
Sanitary Sewer through, over and across Part
of Lot 1 in Cedar Ridge Farm Place No. 16, in
the City of Dubuque, in the City of Dubuque,
Dubuque County, Iowa from Nemmers Cedar
Ridge Farm Limited Partnership, a copy of
which is attached hereto.
Section 2. The Mayor is hereby authorized
and directed to execute and acknowledge on
behalf of the City of Dubuque any instruments
in connection herewith.
Passed, approved and adopted this 6th day
of May 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
26. Civil Service Commission - Certified
Lists: Civil Service Commission submitting the
Certified Lists for the positions of Foreman,
Forestry Technician, Assistant Horticulturist
Accountant, Budget Financial Analyst, and
Payroll Accountant. Upon motion the docu-
ments were received, filed, and made a Matter
of Record.
April 18, 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 Foreman was administered on March 6,
2019. We hereby certify that the individuals
listed below have passed this written examina-
tion and the vacancy for this position should be
made from this list and that this list is good for
two (2) years from above date.
Foreman
1. Zachery Thill, 2. Nicholas Wilson, 3. Corey
Goedken, 4. Mark Meyer, 5. Chris Kennedy, 6.
Tim Lattner, 7. Tim Lawler, 8. Matt Uthe, 9.
Brian Wulfekuhle, 10. Matt Herman
Respectfully submitted,
/s/Dan White, Chairman
Civil Service Commission
April 18, 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 Forestry Technician was administered on
March 14, 2019. We hereby certify that the
individuals listed below have passed this writ-
ten examination and the vacancy for this posi-
tion should be made from this list and that this
list is good for one (1) year from the above
date.
Forestry Technician
1. Austin Decker, 2. Jeffrey Leibold, 3. Paul
Hagerty, 4. Kelvin Kennicker, 5. Alec Leytem,
6. Tim Neuhaus, 7. Ryan Schneider, 8. Tim
Lattner, 9. Patrick Maas, 10. Laurana Snyder,
11. Nick Connolly, 12. Chris Lahey, 13. Tim
Lawler, 14. Brian MacLeod, 15. Nathan
McLaughlin, 16. Gregory Freiburger, 17. Ste-
ven Valentine, 18. James Welty, 19. Jeffrey
Boge, 20. Joseph Fleckenstein, 21. John Kirk,
22. Matthew Uthe
Respectfully submitted,
/s/Dan White, Chairman
Civil Service Commission
April 18, 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 Horticulturist was administered on
March 19, 2019. We hereby certify that the
individuals listed below have passed this writ-
ten examination and the vacancy for this posi-
tion should be made from this list and that this
list is good for one (1) year from above date.
Assistant Horticulturist
1. David Franklin, 2. Joel Leach, 3. Tyler New-
comer, 4. Thomas McClurg, 5. Susanne Piper,
6. John Bleile, 7. Brian MacLeod, 8. Laurana
Snyder, 9. Jarrod Pusateri, 10. Jeffrey Pritch-
ett, 11. Travis Brant, 12. Patrick Maas, 13.
Bruce Nowak
Respectfully submitted,
/s/Dan White, Chairman
Civil Service Commission
April 18, 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 Accountant was administered via “take-
home” exam. We hereby certify that the indi-
viduals listed below have passed this “take-
home” examination and the vacancy for this
position should be filled from this list and that
this list is good for one (1) year from above
date.
Accountant
1. Vicki Kluesner, 2. Julie Husemann, 3. Re-
becca Kuhle, 4. Kate Weidemann, 5. Jenna
Hirtz, 6. Nathan Kelleher, 7. Lisa Barton, 8.
Gregory Williams, 9. Nicole Connolly, 10.
Cheryl Pregler
Respectfully submitted,
/s/Dan White, Chairman
Civil Service Commission
163 Regular Sessions May 6, 2019 Book 149
April 18, 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 Budget Financial Analyst was administered
via “take-home” examination. We hereby certi-
fy that the individuals listed below have passed
this “take-home” examination and the vacancy
for this position should be filled from this list
and that this list is good for one (1) year from
above date.
Budget Financial Analyst
1. Christine Jackson, 2. Gina Hodgson, 3.
Jocelyn Theisen, 4. Kayla Morrison, 5. Kerry
Rogers, 6. Darla Meyer
Respectfully submitted,
/s/Dan White, Chairman
Civil Service Commission
April 18, 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 Payroll Accountant 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 filled from this list
and that this list is good for one (1) year from
above date.
Payroll Accountant
1. Julie Husemann, 2. Rose Bakey, 3. Gregory
Williams, 4. Melissa McGinnis, 5. Kelli Berkley,
6. Kate Weidemann, 7. Michael Becker, 8.
Joann Kintzle
Respectfully submitted,
/s/Dan White, Chairman
Civil Service Commission
27. Chaplain Schmitt Veteran’s Memorial
Project U.S. Highway 151 Jurisdictional
Boundary Designation: City Manager recom-
mending approval to establish a mapped juris-
dictional boundary for the U.S. Highway 151
Iowa Department of Transportation right-of-
way on Schmitt Island adjacent to the location
of the Chaplain Schmitt Veteran’s Memorial,
and authorize the City Clerk to record the map
at the Dubuque County Recorder’s Office to
formally establish the jurisdictional boundary.
Upon motion the documents were received
and filed, and Resolution No. 157-19 Approv-
ing IDOT Exhibit Map “A” 1 of 1 Proposed U.S.
Highway 151 Access Control Limits 16th
Street; (Station 1557+68) - 300' = Station
1554+68, Admiral Sheehy Drive; (Station
3+10) - 300' = Station 0+10, Greyhound Park
Road; (Station 3+10) + 300' = Station 6+10 in
the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 157-19
RESOLUTION APPROVING IA DOT EXHIBIT
MAP “A” 1 OF 1 PROPOSED U.S. HIGH-
WAY 151 ACCESS CONTROL LIMITS 16TH
STREET; (STATION 1557+68) - 300' = STA-
TION 1554+68, ADMIRAL SHEEHY DRIVE;
(STATION 3+10) - 300' = STATION 0+10,
GREYHOUND PARK ROAD; (STATION
3+10) + 300' = STATION 6+10 IN THE CITY
OF DUBUQUE, IOWA
Whereas, there has been presented to the
City Council of the City of Dubuque, Iowa, an
Iowa Department of Transportation Exhibit
Map dated March 18, 2019 prepared by
WHKS Engineers, showing the jurisdictional
boundary and access control limits along the
southern limits of U.S. Highway 151 starting at
Admiral Sheehy Drive and moving easterly for
a distance of 1,427.57 feet, in the City of
Dubuque, Iowa; and
Whereas, said exhibit map conforms to the
laws and statutes pertaining thereto.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Iowa Department of
Transportation Map dated March 18, 2019
prepared by WHKS Engineers, relative to the
real estate hereinabove described be and the
same is hereby approved, and the Mayor and
City Clerk be and they are hereby authorized
and directed to approve said map for and on
behalf of the City of Dubuque, Iowa.
Section 2. That the City Clerk be and is
hereby authorized and directed to file said map
and certified copy of this resolution in the Of-
fice of the Recorder in and for Dubuque Coun-
ty, Iowa.
Passed, approved and adopted this 6th day
of May 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
28. Iowa Department of Transportation
Preconstruction Funding Agreement for U.S.
Highway 20 Resurfacing Project Devon Drive
to Old Highway Road: City Manager recom-
mending approval of a Preconstruction Fund-
ing Agreement with the Iowa Department of
Transportation for the U.S. Highway 20 Resur-
facing Project, from Devon Drive to Old High-
way Road. Upon motion the documents were
received and filed, and Resolution No. 158-19
Approving the Preconstruction Funding
Agreement (Agreement No. 2019-6-126) be-
tween the City of Dubuque and Iowa Depart-
ment of Transportation for the U.S. Highway
20 Resurfacing Project, from Devon Drive to
Old Highway Road was adopted.
164 Regular Session May 6, 2019 Book 149
RESOLUTION NO. 158-19
APPROVING THE PRECONSTRUCTION
FUNDING AGREEMENT (AGREEMENT NO.
2019-6-126) BETWEEN THE CITY OF
DUBUQUE AND IOWA DEPARTMENT OF
TRANSPORTATION FOR THE U.S. HIGH-
WAY 20 RESURFACING PROJECT, FROM
DEVON DRIVE TO OLD HIGHWAY ROAD
Whereas, the Iowa Department of Trans-
portation (Iowa DOT) is the lead agency for the
development and construction of the U.S.
Highway 20 Resurfacing Project, from Devon
Drive to Old Highway Road; and
Whereas, in accordance with the provi-
sions of Iowa Administrative Code, and per the
terms and conditions of the Preconstruction
Funding Agreement, the City is responsible for
the costs associated with the construction and
adjustment of City owned public utilities; and
Whereas, as part of the U.S. 20 resurfac-
ing project, any existing City manholes or fix-
tures that are located within the pavement will
need to be adjusted to the new finished road-
way grade; and
Whereas, the manhole or fixture adjust-
ments will be completed by the Iowa DOT as
part of the resurfacing project and the City
shall reimburse the State for said incurred
costs; and
Whereas, the City has requested to up-
grade and install a new vehicle detection sys-
tem from loops to current technology using
microwave detection; and
Whereas, the Iowa DOT has agreed to re-
imburse the City for the actual cost of the mi-
crowave detection equipment in exchange for
not replacing the detector loops; and
Whereas, upon the City completing the
purchase and installation of the microwave
detection equipment, the Iowa DOT agrees to
reimburse the City for the actual cost of the
microwave detection equipment, not to exceed
the cost to replace detector loops or $66,080.
NOW, THEREFORE, IT IS AGREED BY
AND BETWEEN THE PARTIES AS FOL-
LOWS:
Section 1. That said Preconstruction Fund-
ing Agreement (Agreement No. 2019-6-126)
between the City of Dubuque and the Iowa
Department of Transportation is hereby ap-
proved.
Section 2. That the Mayor is hereby au-
thorized and directed to execute the Precon-
struction Funding Agreement (Agreement No.
2019-6-126) for the U.S. Highway 20 Resur-
facing Project, from Devon Drive to Old High-
way Road.
Passed, approved and adopted this 6th day
of May 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
29. Iowa Department of Transportation -
Cooperative Funding Agreement for 15 South
Main Building Deconstruction Project: City
Manager recommending approval of a Coop-
erative Funding Agreement with the Iowa De-
partment of Transportation (DOT) for the City
to administer the deconstruction, salvage and
removal of the former SELCO building located
at 15 South Main Street. Upon motion the
documents were received and filed, and Reso-
lution No. 159-19 Approving the Cooperative
Funding Agreement (Agreement No. 2019-16-
138) between the City of Dubuque and Iowa
Department of Transportation for the 15 South
Main Building Deconstruction Project was
adopted.
RESOLUTION NO. 159-19
APPROVING THE COOPERATIVE FUNDING
AGREEMENT (AGREEMENT NO. 2019-16-
138) BETWEEN THE CITY OF DUBUQUE
AND IOWA DEPARTMENT OF TRANSPOR-
TATION FOR THE 15 SOUTH MAIN BUILD-
ING DECONSTRUCTION PROJECT
Whereas, the Iowa Department of Trans-
portation (Iowa DOT) has requested the City of
Dubuque (City) to administer the deconstruc-
tion, salvage, and removal of the former SEL-
CO building located at 15 South Main Street;
and
Whereas, the City has agreed to be the
lead agency for administering the deconstruc-
tion, salvage, and removal of the former SEL-
CO building located at 15 South Main Street;
and
Whereas, the Iowa DOT has agreed to re-
imburse the City for actual cost to deconstruct
the building structure, and the disconnection of
the public utilities from the property; and
Whereas, the deconstruction project will be
completed in two phases, Phase 1 will cover
deconstruction of the steel building structure,
estimated cost to be $33,579.43, and Phase 2
will cover utility disconnects, estimated cost to
be $33,579.43; and
Whereas, upon the City completing the de-
construction project, the total reimbursement
from the Iowa DOT is estimated at $81,016.93.
NOW, THEREFORE, IT IS AGREED BY
AND BETWEEN THE PARTIES AS FOL-
LOWS:
Section 1. That said Cooperative Funding
Agreement (Agreement No. 2019-16-138) be-
tween the City of Dubuque and the Iowa De-
partment of Transportation is hereby ap-
proved.
Section 2. That the Mayor is hereby au-
thorized and directed to execute the Precon-
struction Funding Agreement (Agreement No.
2019-16-138) for the for the City to administer
the deconstruction, salvage, and removal of
the former SELCO building located at 15
South Main Street.
165 Regular Sessions May 6, 2019 Book 149
Passed, approved and adopted this 6th day
of May 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
30. Signed Contract(s): Short-Term Lease
with Robert Bradley for 40 acres of tillable
property in Franklin D. Roosevelt Park. Upon
motion the documents were received and filed.
31. Improvement Contracts / Performance,
Payment and Maintenance Bonds: Drew
Cooks & Sons, Excavating for Van Buren
Street Energy Dissipater Project; Skyline Stor-
age & Trucking, Inc. for 2019 Decorative Con-
crete Maintenance Project; Temperley Exca-
vating, Inc. for Harlan & Euclid Sanitary Sewer
Reconstruction Project (Alley). Upon motion
the documents were received, filed and ap-
proved.
32. Tobacco Compliance Civil Penalty for
Tobacco License Holder – Beecher Liquor:
City Manager recommending approval of the
Acknowledgment/Settlement Agreement for a
tobacco compliance violation for Beecher Liq-
uor, 1691 Asbury Road. Upon motion the doc-
uments were received, filed and approved.
33. Tobacco Compliance Civil Penalty for
Tobacco License Holder – Liquor Tobacco &
Grocery: City Manager recommending ap-
proval of the Acknowledgment/Settlement
Agreement for a tobacco compliance violation
for Liquor Tobacco & Grocery, 1998 Jackson
Street. Upon motion the documents were re-
ceived, filed and approved.
34. 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. 160-19 Approv-
ing 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. 160-19
APPROVING APPLICATIONS FOR BEER,
LIQUOR, AND/OR WINE PERMITS, AS RE-
QUIRED BY CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 4 BUSINESS AND LI-
CENSE REGULATIONS, CHAPTER 2 LIQ-
UOR CONTROL, ARTICLE B LIQUOR,
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 re-
quirements 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 author-
ized and directed to cause to be issued the
noted permit types to the following applicants
pending submission of the locally required
documentation:
Renewals
Ichiban Hibachi Steakhouse and Sushi Bar,
3187 University Ave., Class C Liquor (Sun-
day)
Oky Doky #1, 250 W 1st St., Class C Beer,
Class B Wine (Sunday)
Paradise Distilling Company, 245 Railroad
Ave., Class A Native Distilled Spirits
Shenanigans Pub, LLC, 3203 Jackson St.,
Class C Liquor (Outdoor) (Sunday)
Stone Cliff Winery, Inc., 600 Star Brewery Dr.,
Class C Native Wine (Outdoor) (Sunday)
Tott's Tap, 3457 Jackson St., Class C Liquor
(Sunday)
New
Port of Dubuque Marina, 450 East 3rd St.,
Class B Beer, Class B Native Wine (Out-
door) (Sunday)
Special Event(s) per Special Event Application
Submittal
America's River Festival - 6/19, 501 Bell St.,
Class C Liquor (Outdoor)
HAVlife Tri-States - 5/7, 200 Main St., Class C
Liquor
Hilton Garden Inn & Q Casino & Houlihan's
5/24, 6/1, 6/8, 6/13, and 6/29, 1801 & 1855
Greyhound Park Dr., Adding Outdoor Ser-
vice
Rotary Club of Dubuque - 6/6, Vacant Lot
McGraw Hill, Port of Dubuque, Special Class
C Liquor (Outdoor) (Sunday)
Dubuque Jaycees - Millwork Night Market 5/5
and 6/1, 7th and Jackson to 9th and Jackson
to Include E. 8th to Elm, Special Class C Liq-
uor (Outdoor)
Dubuque Jaycees 6/25, Heritage pond, Spe-
cial Class C Liquor (Outdoor)
Passed, approved, and adopted this 6th
day of May 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 pub-
lic hearings as indicated, and direct the City
Clerk to publish notice as prescribed by law.
Seconded by Resnick. Motion carried 6-0.
166 Regular Session May 6, 2019 Book 149
1. Water Revenue Capital Loan Notes
(State Revolving Loan Funds) Construction
Loan Application for Roosevelt Water Tower:
City Manager recommending that a public
hearing be set for May 20, 2019, on the propo-
sition of selling not to exceed $4,400,000 in
Water Revenue Capital Loan Notes (State
Revolving Loan Fund Program), the proceeds
of which will be used to pay costs for Roose-
velt Street Water Tower, Water Distribution
Improvements, and Eagle Point Park Treat-
ment Plan Improvements. Upon motion the
documents were received and filed, and Reso-
lution No. 161-19 Fixing date for a meeting on
the authorization of a Loan and Disbursement
Agreement and the issuance of not-to-exceed
$4,400,000 Water Revenue Capital Loan
Notes of the City of Dubuque, Iowa and provid-
ing for publication of notice thereof was adopt-
ed setting a public hearing for a meeting to
commence at 6:00 p.m. on May 20, 2019 in
the Historic Federal Building.
RESOLUTION NO. 161-19
FIXING DATE FOR A MEETING ON THE
AUTHORIZATION OF A LOAN AND DIS-
BURSEMENT AGREEMENT AND THE IS-
SUANCE OF NOT TO EXCEED $4,400,000
WATER REVENUE CAPITAL LOAN NOTES
OF THE CITY OF DUBUQUE, IOWA, AND
PROVIDING FOR PUBLICATION OF NO-
TICE THEREOF
Whereas, it is deemed necessary and ad-
visable that the City of Dubuque, Iowa should
provide for the authorization of a Loan and
Disbursement Agreement and the issuance of
Water Revenue Capital Loan Notes, in the
amount of not to exceed $4,400,000, as au-
thorized by Sections 384.24A and 384.83,
Code of Iowa, as amended, for the purpose of
providing funds to pay costs as hereinafter
described; and
Whereas, the City has applied for a loan
through the Iowa Drinking Water Facilities Fi-
nancing Program pursuant to which the Iowa
Finance Authority has agreed to purchase the
City's Notes and has requested that such
Notes be issued as a single Note in a denomi-
nation equal to the total amount of the issue as
authorized by Chapter 384 of the Code of Io-
wa; and
Whereas, the Loan and Disbursement
Agreement and Note shall be payable solely
and only out of the Net Revenues of the Mu-
nicipal Water System and shall be a first lien
on the future Net Revenues of the Utility; and
shall not be general obligations of the City or
payable in any manner by taxation and the
City shall be in no manner liable by reason of
the failure of the Net Revenues to be sufficient
for the payment of the Loan and Disbursement
Agreement and Note; and
Whereas, before a Loan and Disbursement
Agreement may be authorized and Water
Revenue Capital Loan Notes issued to evi-
dence the obligation of the City thereunder, it
is necessary to comply with the provisions of
the Code of Iowa, as amended, and to publish
a notice of the proposal and of the time and
place of the meeting at which the Council pro-
poses to take action for the authorization of the
Loan and Disbursement Agreement and Notes
and to receive oral and/or written objections
from any resident or property owner of the City
to such action.
NOW, THEREFORE, BE IT RESOLVED
BY THE City Council OF THE City of Dubu-
que, STATE OF IOWA:
Section 1. That this City Council meet in
the Historic Federal Building, 350 West 6th
Street, Dubuque, Iowa at 6:00 o'clock p.m., on
the 20th day of May, 2019, for the purpose of
taking action on the matter of the authorization
of a Loan and Disbursement Agreement and
the issuance of not to exceed $4,400,000 Wa-
ter Revenue Capital Loan Notes to evidence
the obligations of the City thereunder, the pro-
ceeds of which will be used to provide funds to
pay the costs of the acquisition, construction,
reconstruction, extending, remodeling, improv-
ing, 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 pro-
ject; and refunding the Water Revenue Capital
Loan Notes Anticipation Project Note, Series
2017, dated September 22, 2017.
Section 2. That the Clerk is hereby directed
to cause at least one publication to be made of
a notice of said meeting, in a legal newspaper,
printed wholly in the English language, pub-
lished at least once weekly, and having gen-
eral circulation in said City, said publication to
be not less than four clear days nor more than
twenty days before the date of said public
meeting on the issuance of the Notes.
Section 3. The notice of the proposed ac-
tion shall be in substantially the [provided]
form:
Passed, approved, and adopted this 6th
day of May 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Steeple Square, LLC (SS Event Center,
LLC) Request to Vacate Alley between Jack-
son and White Streets (from E. 15th to E. 16th
Streets): City Manager recommending that the
City Council set a public hearing for May 20,
2019 on a request from Steeple Square LLC
(SS Event Center, LLC) to vacate the public
alley between Jackson and White Streets from
E. 15th to E. 16th Streets as part of the rede-
167 Regular Sessions May 6, 2019 Book 149
velopment of the entire block. Upon motion the
documents were received and filed, and Reso-
lution No. 162-19 Resolution of Intent to va-
cate and dispose of City interest in the alley
between Jackson St. and White St. from E.
16th St. to E. 15th St. described as City Lot
484-A in the City of Dubuque, Iowa was
adopted setting a public hearing for a meeting
to commence at 6:00 p.m. on May 20, 2019 in
the Historic Federal Building.
RESOLUTION NO. 162-19
INTENT TO VACATE AND DISPOSE OF
CITY INTEREST IN THE ALLEY BETWEEN
JACKSON ST. AND WHITE ST., FROM E.
SIXTEENTH ST. TO E. FIFTEENTH ST., DE-
SCRIBED AS CITY LOT 484-A, IN THE CITY
OF DUBUQUE, IOWA, TO SS EVENT CEN-
TER, LLC
Whereas, SS Event Center, LLC has re-
quested the vacating of the Alley between
Jackson St. and White St., from E. Sixteenth
St. to E. Fifteenth St.; and
Whereas, Buesing and Associates, Inc.
has prepared and submitted to the City Coun-
cil a plat showing the vacated Alley between
Jackson St. and White St., from E. Sixteenth
St. to E. Fifteenth St., described as City Lot
484-A, in the City of Dubuque, Iowa.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque in-
tends to vacate and dispose of its interest in
said City Lot 484-A, in the City of Dubuque,
Iowa to SS Event Center, LLC per the agree-
ment between the City of Dubuque, Iowa, and
SS Event Center LLC, dated February 1, 2019.
Section 2. That a public hearing on the in-
tent to vacate and dispose of City Lot 484-A, in
the City of Dubuque, Iowa to SS Event Center,
LLC is hereby set for the 20th day of May 2019,
at the Historic Federal Building, 350 W. 6th
Street, Dubuque, Iowa, beginning at 6:00 p.m.,
and the City Clerk be and is hereby authorized
and directed to cause a notice of public hear-
ing on the intent to vacate and dispose of said
real estate to be published in the manner as
prescribed by law.
Passed, approved and adopted this 6th day
of May 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. Marquette Hall, LLC - Development
Agreement for 2222 Queen Street: City Man-
ager recommending that the City Council set a
public hearing for May 20, 2019 on a proposed
Development Agreement between the City of
Dubuque and Marquette Hall, LLC providing
for the Issuance of Urban Renewal Tax Incre-
ment Revenue Grant Obligations for the rede-
velopment of the former Sacred Heart parish
school located at 2222 Queen Street. Upon
motion the documents were received and filed,
and Resolution No. 163-19 Fixing the date for
a public hearing of the City Council of the City
of Dubuque, Iowa on the proposed Develop-
ment Agreement with Marquette Hall, LLC,
including the issuance of Urban Renewal Tax
Increment Revenue Obligations and providing
for the publication of notice thereof was adopt-
ed setting a public hearing for a meeting to
commence at 6:00 p.m. on May 20, 2019 in
the Historic Federal Building.
RESOLUTION NO. 163-19
FIXING THE DATE FOR A PUBLIC HEAR-
ING OF THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA ON THE PROPOSED
DEVELOPMENT AGREEMENT WITH MAR-
QUETTE HALL, LLC, INCLUDING THE IS-
SUANCE OF URBAN RENEWAL TAX IN-
CREMENT REVENUE OBLIGATIONS AND
PROVIDING FOR THE PUBLICATION OF
NOTICE THEREOF
Whereas, City and Marquette Hall, LLC
have entered into a Development Agreement
for the rehabilitation of property located at
2222 Queen Street, subject to the approval of
the City Council, a copy of which is now on file
at the Office of the City Clerk, City Hall, 50 W.
13th Street, Dubuque, Iowa; and
Whereas, the City Council has tentatively
determined that it would be in the best inter-
ests of the City to approve the Development
Agreement with Marquette Hall, LLC; and
Whereas, it is deemed necessary and ad-
visable that City should authorize Urban Re-
newal Tax Increment Revenue obligations, as
provided by Chapter 403 of the Code of Iowa,
and to enter into the Development Agreement
relating thereto for the purpose of carrying out
the rehabilitation of property located at 2222
Queen Street as hereinafter described; and
Whereas, before said obligations may be
approved, Chapter 403 of the Code of Iowa
requires that the City Clerk publish a notice of
the proposal and of the time and place of the
meeting at which the City Council proposes to
take action thereon and at which meeting the
City Council shall receive oral and/or written
objections from any resident or property owner
of said City to such proposed action.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Clerk is hereby author-
ized and directed to cause a notice to be pub-
lished as prescribed by Iowa Code Section
403.9 of a public hearing on the City's intent to
authorize Urban Renewal Tax Increment Rev-
enue obligations, to be held on the 20th day of
May 2019, at 6:00 o'clock p.m. in the City
Council Chambers at the Historic Federal
Building, 350 W. 6th St., Dubuque, Iowa.
168 Regular Session May 6, 2019 Book 149
Section 2. The City Council will meet at
said time and place for the purpose of taking
action on the matter of approving the Devel-
opment Agreement with Marquette Hall, LLC,
including authorizing Urban Renewal Tax In-
crement Revenue obligations the proceeds of
which obligations will be used to carry out cer-
tain of the special financing activities described
in the Amended and Restated Urban Renewal
Plan for the Greater Downtown Urban Renew-
al District, consisting of the funding of econom-
ic developments grants to Marquette Hall, LLC
pursuant to the Development Agreement. The
aggregate amount of the Tax Increment Reve-
nue obligations to be issued will not exceed
$179,830.
Section 3. The Clerk is hereby directed to
cause at least one publication to be made of a
notice of said meeting, in a newspaper, printed
wholly in the English language, published at
least once weekly, and having general circula-
tion in said City, said publication to be not less
than four days nor more than twenty days be-
fore the date of said meeting on the issuance
of said obligations.
Section 4. That the notice of the proposed
action to issue said obligations shall be in sub-
stantially the form attached hereto.
Passed, approved, and adopted this 6th
day of May, 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
4. Royal Oaks Development Corporation
Request for Voluntary Annexation: City Man-
ager recommending that the City Council set a
public hearing for June 3, 2019 on a 100%
voluntary annexation request filed by Royal
Oaks Development Corporation for approxi-
mately 106.96 acres of property located at the
intersection of Elmwood Drive and Silver Oaks
Drive, concurrent with rezoning. Upon motion
the documents were received and filed, and
Resolution No. 164-19 Setting a public hearing
on an application for voluntary annexation of
territory to the City of Dubuque, Iowa was
adopted setting a public hearing for a meeting
to commence at 6:00 p.m. on June 3, 2019 in
the Historic Federal Building.
RESOLUTION NO. 164-19
SETTING A PUBLIC HEARING ON AN AP-
PLICATION FOR VOLUNTARY ANNEXA-
TION OF TERRITORY TO THE CITY OF
DUBUQUE, IOWA
Whereas, the City Council of Dubuque has
received a written application from Royal Oaks
Development Corporation for the voluntary
annexation of 106.96 acres of property which
includes 0.99 acres of Dubuque County right-
of-way located at the intersection of Elmwood
Drive and Silver Oaks Drive with connection to
the city of Dubuque by Elmwood Drive right-of-
way as shown on Exhibit A and legally de-
scribed as:
Lot A, and Lots 31 thru 42, inclusive, of
Silver Oaks Estates, in Dubuque Coun-
ty, Iowa; and
Lots 1 and 2 of Walter Metcalf Place, in
Dubuque County, Iowa; and
All that part of the right of way of
Elmwood Drive lying south of the south
right of way line of Metcalf Lane, ex-
tended northwesterly, in Dubuque
County, Iowa; and
Whereas, the annexation territory is not
subject to an existing annexation moratorium
agreement and does not include any State or
railroad property; and
Whereas, the annexation territory does in-
clude Dubuque County right-of-way; and
Whereas, Chapter 368 of the Code of Iowa
authorizes this annexation by adoption of a
resolution and required notification; and
Whereas, the annexation territory is con-
sistent with the City’s Comprehensive Plan;
and
Whereas, the future growth and develop-
ment of the City of Dubuque, Iowa makes it
desirable that the annexation territory be made
part of the City of Dubuque, Iowa; and
Whereas, the City of Dubuque has the ca-
pacity to provide substantial municipal services
to the annexation territory; and
Whereas, the annexation is in the public in-
terest.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
A public hearing will be held on the 3rd day
of June, 2019, at 6:00 p.m. in the Historic Fed-
eral Building Council Chambers (second floor),
350 West 6th Street, Dubuque, Iowa, at which
time interested persons may appear and be
heard for or against the proposed annexation,
and the City Clerk be and is hereby directed to
cause the attached notice of the time and
place of such hearing to be published in a
newspaper having general circulation in the
City of Dubuque, Iowa, which notice shall be
published not less than fourteen days prior to
the date of such hearing.
Passed, approved and adopted this 6th day
of May 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. Nomination of Eagle Point Park as a City
Landmark Site: Historic Preservation Commis-
sion recommending that the City Council set a
public hearing for July 1, 2019 on an applica-
tion to the State Historic Preservation Office
nominating Eagle Point Park as a City Land-
mark Site. Upon motion the documents were
received and filed, and Resolution No. 165-19
Setting a public hearing on an application to
169 Regular Sessions May 6, 2019 Book 149
nominate Eagle Point Park as a City Landmark
Site was adopted setting a public hearing for a
meeting to commence at 6:00 p.m. on July 1,
2019 in the Historic Federal Building.
RESOLUTION NO. 165-19
SETTING A PUBLIC HEARING ON AN AP-
PLICATION TO NOMINATE EAGLE POINT
PARK AS A CITY LANDMARK SITE
Whereas, the City Council of Dubuque has
received a written recommendation from the
City of Dubuque Historic Preservation Com-
mission in support of an application to nomi-
nate Eagle Point Park as a City Landmark
Site; and
Whereas, Eagle Point Park meets the crite-
ria for designation as a City Landmark by vir-
tue of its listing in the National Register of His-
toric Places for local significance.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
A public hearing will be held on the 1st day
of July, 2019, at 6:00 p.m. in the Historic Fed-
eral Building Council Chambers (second floor),
350 West 6th Street, Dubuque, Iowa, at which
time interested persons may appear and be
heard for or against the proposed nomination,
and the City Clerk be and is hereby directed to
cause the attached notice of the time and
place of such hearing to be published in a
newspaper having general circulation in the
City of Dubuque, Iowa, which notice shall be
published no more than twenty (20) days and
not less than four (4) days prior to the date of
such hearing.
Passed, approved and adopted this 6th day
of May 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
BOARDS/COMMISSIONS
1. Appointment to the Building Code and
Advisory Appeals Board: One, 3-Year Term
through August 1, 2019 (Vacant Journeyman
Carpenter term of Schwendinger). Applicant:
Derek Duehr, 3395 Venture Ct. (Qualifies as
Journeyman Carpenter). Motion by Larson to
appoint Mr. Duehr to the 3-year term through
August 1, 2019. Seconded by Shaw. Motion
carried 6-0.
PUBLIC HEARINGS
1. Request to Rezone Property at Oneida
& Vinton Streets: Proof of publication on notice
of public hearing to consider a request from
Evan Smith to rezone property at the corner of
Oneida & Vinton Streets from R-1 Single-
Family Residential Zoning District to R-2 Two-
Family Residential Zoning District, and the
Zoning Advisory Commission recommending
approval. 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 Resnick. Planning
Services Manager Laura Carstens provide a
staff report and responded to questions from
the City Council about street improvements
being the responsibility of the developer.
Property owner Cecil Pfeiffer spoke in support
of the request stating that it was a way to keep
his family members in proximity to each other
as they owned adjacent lots. Motion carried 6-
0.
Motion by Larson for final consideration
and passage of Ordinance No. 21-19 Amend-
ing Title 16 of the City of Dubuque Code of
Ordinances, Unified Development Code, by
Reclassifying hereinafter described property
located at the corner of Oneida and Vinton
Streets from R-1 Single-Family Residential
District to R-2 Two-Family Residential District.
Seconded by Resnick. Motion carried 6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 21-19
AMENDING TITLE 16 OF THE CITY OF
DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY RECLAS-
SIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED AT THE CORNER OF
ONEIDA AND VINTON STREETS FROM R-1
SINGLE-FAMILY RESIDENTIAL DISTRICT
TO R-2 TWO-FAMILY RESIDENTIAL DIS-
TRICT
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 Devel-
opment Code, is hereby amended by reclassi-
fying the hereinafter–described property from
R-1 Single-Family Residential District to R-2
Two-Family Residential District, to wit:
Lots 67 to 72 Inclusive of O’Neill’s
North Dubuque Addition, and to the
centerline of the adjoining public right-
of-way, all in the City of Dubuque, Io-
wa.
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 6th day
of May 2019.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
170 Regular Session May 6, 2019 Book 149
Published officially in the Telegraph Herald
newspaper on the 10th day of May 2019.
/s/Kevin S. Firnstahl, City Clerk
2. Sale of City-Owned Property at 1100
Roosevelt Street: Proof of publication on no-
tice of public hearing to consider disposal of
City-owned property at 1100 Roosevelt Street
to Dubuque and Jackson County Habitat for
Humanity that includes a 21-year Restrictive
Covenant as an owner-occupied, single-family
residential use, and the City Manager recom-
mending approval. The City Clerk and City
Attorney recommended that the public hearing
be rescheduled to May 20, 2019 with a new
resolution and republishing of the Notice of
Hearing. Motion by Jones to receive and file
the documents and adopt a new Resolution
No. 140-A-19 Disposing of City interest in real
property located at 1100 Roosevelt Street in
the City of Dubuque, Iowa re-setting the public
hearing to May 20, 2019 at 6:00 p.m. in the
Historic Federal Building. Seconded by Res-
nick. Motion carried 6-0.
RESOLUTION NO. 140-A-19
INTENT TO DISPOSE OF AN INTEREST IN
CITY OF DUBUQUE REAL ESTATE, SET-
TING A TIME AND PLACE FOR HEARING
AND PROVIDING FOR THE PUBLICATION
OF NOTICE THEREOF
Whereas, the City of Dubuque, Iowa (City)
owns 1100 Roosevelt Street (the Property)
legally described as:
Lot 4 of Wersinger Subdivision in the
City of Dubuque, Iowa, according to the
recorded plat thereof; and
Whereas, the City acquired the Property by
petition as an abandoned property for the pur-
pose of its restoration and re-sale for owner-
occupied housing; and
Whereas, Dubuque and Jackson County
Habitat for Humanity will rehabilitate the prop-
erty and sell it to an income qualified house-
hold for single family occupancy; and
Whereas, conveying the Property to Dubu-
que and Jackson County Habitat for Humanity
is consistent with the City goal of creating op-
portunities for affordable home ownership; and
Whereas, the public hearing was originally
scheduled for May 6, 2019 but needed to be
rescheduled for further inspection of the prop-
erty by City prior to closing on the transaction.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council shall con-
duct a public hearing on the proposed disposi-
tion of real estate in the City Council Cham-
bers at the Historic Federal Building, 350 W.
6th Street, Dubuque, Iowa on the 20th day of
May 2019 beginning at 6:00 p.m.
Section 2. That the City Clerk be and is
hereby authorized and directed to re-publish
notice of the public hearing in the form at-
tached hereto, according to law.
Passed, approved and adopted this 6th day
of May 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. Iowa Department of Transportation
(IDOT) Consolidated Funding Application for
Fiscal Year 2020: Proof of publication on no-
tice of public hearing to consider approval to
submit the Consolidated Funding Application
to the Iowa Department of Transportation for
the Jule Transit's annual operating and
maintenance allocations, the Lobbying Cost
Certificate, Certificate of Cost Allocation Plan
and Authorizing Resolution; and the City Man-
ager recommending approval. Motion by
Jones to receive and file the documents and
adopt Resolution No. 166-19 Approval of Con-
solidated Funding Application to Iowa DOT.
Seconded by Larson. Motion carried 6-0.
RESOLUTION NO. 166-19
AUTHORIZING RESOLUTION - APPROVAL
OF CONSOLIDATED FUNDING APPLICA-
TION TO IOWA DOT
Whereas, the City of Dubuque provides
fixed-route and paratransit services for the
citizens of Dubuque; and
Whereas, the Iowa Department of Trans-
portation (IDOT) is a pass-through funding
entity for federal capital and operating funds;
and
Whereas, the City has historically applied
through the IDOT for these funds; and
Whereas, the City Council finds that the
applying for the funds to be beneficial to the
continued provision of transit service for the
citizens of Dubuque.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of
Dubuque, Iowa hereby endorses the attached
application to the Iowa Department of Trans-
portation, which includes a City match.
Section 2. The Iowa Department of Trans-
portation application will include requests and
mandatory certifications by the City of Dubu-
que as follows:
From the State Transit Assistance Pro-
gram:
2.11344440% of formula funds Total:
$311,285
From federal funds for transit in non-
urbanized areas and/or for transit serving
primarily elderly persons and persons with
disabilities:
$60,614
171 Regular Sessions May 6, 2019 Book 149
From statewide capital assistance (PTIG)
for transit:
$344,743
From statewide federal pass through dis-
cretionary assistance (Intercity Bus Market-
ing Grant) for transit:
$7,500
We understand acceptance of federal
transit assistance involves an agreement to
comply with certain labor protection provisions.
We certify that the City of Dubuque/The
Jule has sufficient non-federal funds or suffi-
cient in-kind match to provide required local
match for capital projects and at time of deliv-
ery will have the funds to operate and maintain
vehicles and equipment purchased under this
contract.
We request that State Transit Assistance
formula funding be advanced as allowed by
law, to improve system cash flow.
Section 3. That Renee Tyler, Director of
Transportation Services, is authorized to on
behalf of the City Council, to apply for financial
assistance and to enter into related contract(s)
with the Iowa Department of Transportation.
Passed, adopted and approved this 6th day
of May 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, CMC, City Clerk
4. Proceedings for the Proposed Issuance
of General Obligation Bonds Series 2019 A, B,
C and D: Proof of publication on notice of pub-
lic hearing to consider approval of the sug-
gested proceedings for the public hearing on
the issuance of General Obligation Bonds Se-
ries 2019 A, B, C and D. The proceeds of
which will be used for essential and general
corporate purposes of the City for projects in
the City budget previously approved by the
City Council and to refund previously issued
bonds, and the City Manager recommending
approval. Motion by Jones to receive and file
the documents and adopt Resolution No. 167-
19 Instituting proceedings to take additional
action for the issuance of not-to-exceed
$10,045,000 General Obligation Bonds; Reso-
lution No. 168-19 Instituting proceedings to
take additional action for the issuance of not-
to-exceed $700,000 General Obligation
Bonds; Resolution No. 169-19 Instituting pro-
ceedings to take additional action for the issu-
ance of not-to-exceed $600,000 General Obli-
gation Bonds; and Resolution No. 170-19 Insti-
tuting proceedings to take additional action for
the issuance of not-to-exceed $1,690,000
General Obligation Urban Renewal Bonds.
Seconded by Resnick. Motion carried 6-0.
RESOLUTION NO. 167-19
INSTITUTING PROCEEDINGS TO TAKE
ADDITIONAL ACTION FOR THE ISSUANCE
OF NOT TO EXCEED $10,045,000 GEN-
ERAL OBLIGATION BONDS
Whereas, pursuant to notice published as
required by law, the City Council has held a
public meeting and hearing upon the proposal
to institute proceedings for the issuance of not
to exceed $10,045,000 General Obligation
Bonds, for essential corporate purposes, in
order to provide funds to pay the costs of
equipping the fire department, including the
acquisition and equipping of a Quick Re-
sponse Pumper; and costs of refunding or
refinancing certain outstanding indebtedness
of the City, including Taxable General Obliga-
tion Bonds, Series 2012C, dated June 28,
2012 and General Obligation Bonds, Series
2012D, dated June 28, 2012, and has consid-
ered the extent of objections received from
residents or property owners as to the pro-
posed issuance of Bonds; and following action
is now considered to be in the best interests of
the City and residents thereof.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, STATE OF IOWA:
That this Council does hereby institute pro-
ceedings and take additional action for the
authorization and issuance in the manner re-
quired by law of not to exceed $10,045,000
General Obligation Bonds, for the foregoing
essential corporate purposes.
This Resolution shall serve as a declara-
tion of official intent under Treasury Regulation
1.150-2 and shall be maintained on file as a
public record of such intent. It is reasonably
expected that the general fund moneys may
be advanced from time to time for capital ex-
penditures which are to be paid from the pro-
ceeds of the above Bonds. The amounts so
advanced shall be reimbursed from the pro-
ceeds of the Bonds not later than eighteen
months after the initial payment of the capital
expenditures or eighteen months after the
property is placed in service. Such advance-
ments shall not exceed the amount authorized
in this Resolution unless the same are for pre-
liminary expenditures or unless another decla-
ration of intention is adopted.
Passed, approved, and adopted this 6th
day of May 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 168-19
INSTITUTING PROCEEDINGS TO TAKE
ADDITIONAL ACTION FOR THE ISSUANCE
OF NOT TO EXCEED $700,000 GENERAL
OBLIGATION BONDS
Whereas, pursuant to notice published as
required by law, the City Council has held a
public meeting and hearing upon the proposal
to institute proceedings for the issuance of not
to exceed $700,000 General Obligation Bonds,
172 Regular Session May 6, 2019 Book 149
for general corporate purposes, in order to
provide funds to pay the costs of the construc-
tion, reconstruction, improvement, and equip-
ping of various city buildings, including for en-
ergy efficiency improvements; the reconstruc-
tion, improvement and equipping of city fire
stations; the reconstruction, improvement and
equipping of the Five Flags Center Arena; and
for the Midtown Transfer Relocation project,
including improvement and construction of
vehicle pull-in and passenger waiting areas,
signage, cameras, seating and shelters , and
has considered the extent of objections re-
ceived from residents or property owners as to
the proposed issuance of Bonds; and no peti-
tion was filed calling for a referendum thereon.
The following action is now considered to be in
the best interests of the City and residents
thereof.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, STATE OF IOWA:
That this Council does hereby institute pro-
ceedings and take additional action for the
authorization and issuance in the manner re-
quired by law of not to exceed $700,000 Gen-
eral Obligation Bonds, for the foregoing gen-
eral corporate purposes.
This Resolution shall serve as a declara-
tion of official intent under Treasury Regulation
1.150-2 and shall be maintained on file as a
public record of such intent. It is reasonably
expected that the general fund moneys may
be advanced from time to time for capital ex-
penditures which are to be paid from the pro-
ceeds of the above Bonds. The amounts so
advanced shall be reimbursed from the pro-
ceeds of the Bonds not later than eighteen
months after the initial payment of the capital
expenditures or eighteen months after the
property is placed in service. Such advance-
ments shall not exceed the amount authorized
in this Resolution unless the same are for pre-
liminary expenditures or unless another decla-
ration of intention is adopted.
Passed, approved, and adopted this 6th
day of May 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 169-19
INSTITUTING PROCEEDINGS TO TAKE
ADDITIONAL ACTION FOR THE ISSUANCE
OF NOT TO EXCEED $600,000 GENERAL
OBLIGATION BONDS
Whereas, pursuant to notice published as
required by law, the City Council has held a
public meeting and hearing upon the proposal
to institute proceedings for the issuance of not
to exceed $600,000 General Obligation Bonds,
for general corporate purposes, in order to
provide funds to pay the costs of the construc-
tion, improvement and equipping of a skate
park, and has considered the extent of objec-
tions received from residents or property own-
ers as to the proposed issuance of Bonds; and
no petition was filed calling for a referendum
thereon. The following action is now consid-
ered to be in the best interests of the City and
residents thereof.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, STATE OF IOWA:
That this Council does hereby institute pro-
ceedings and take additional action for the
authorization and issuance in the manner re-
quired by law of not to exceed $600,000 Gen-
eral Obligation Bonds, for the foregoing gen-
eral corporate purposes.
This Resolution shall serve as a declara-
tion of official intent under Treasury Regulation
1.150-2 and shall be maintained on file as a
public record of such intent. It is reasonably
expected that the general fund moneys may
be advanced from time to time for capital ex-
penditures which are to be paid from the pro-
ceeds of the above Bonds. The amounts so
advanced shall be reimbursed from the pro-
ceeds of the Bonds not later than eighteen
months after the initial payment of the capital
expenditures or eighteen months after the
property is placed in service. Such advance-
ments shall not exceed the amount authorized
in this Resolution unless the same are for pre-
liminary expenditures or unless another decla-
ration of intention is adopted.
Passed, approved, and adopted this 6th
day of May 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 170-19
INSTITUTING PROCEEDINGS TO TAKE
ADDITIONAL ACTION FOR THE ISSUANCE
OF NOT TO EXCEED $1,690,000 GENERAL
OBLIGATION URBAN RENEWAL BONDS
Whereas, pursuant to notice published as
required by law, the City Council has held a
public meeting and hearing upon the proposal
to institute proceedings for the issuance of not
to exceed $1,690,000 General Obligation Ur-
ban Renewal Bonds, for essential corporate
urban renewal purposes, in order to provide
funds to pay the costs of aiding in the plan-
ning, undertaking and carrying out of urban
renewal projects under the authority of Chap-
ter 403 and the Urban Renewal Plan for the
Greater Downtown Urban Renewal District,
such as those costs associated with the Multi-
cultural Family Center addition remodel, and
has considered the extent of objections re-
ceived from residents or property owners as to
the proposed issuance of Bonds; and no peti-
tion was filed calling for a referendum thereon.
The following action is now considered to be in
173 Regular Sessions May 6, 2019 Book 149
the best interests of the City and residents
thereof.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, STATE OF IOWA:
That this Council does hereby institute pro-
ceedings and take additional action for the
authorization and issuance in the manner re-
quired by law of not to exceed $1,690,000
General Obligation Urban Renewal Bonds, for
the foregoing essential corporate urban re-
newal purposes.
This Resolution shall serve as a declara-
tion of official intent under Treasury Regulation
1.150-2 and shall be maintained on file as a
public record of such intent. It is reasonably
expected that the general fund moneys may
be advanced from time to time for capital ex-
penditures which are to be paid from the pro-
ceeds of the above Bonds. The amounts so
advanced shall be reimbursed from the pro-
ceeds of the Bonds not later than eighteen
months after the initial payment of the capital
expenditures or eighteen months after the
property is placed in service. Such advance-
ments shall not exceed the amount authorized
in this Resolution unless the same are fo r pre-
liminary expenditures or unless another decla-
ration of intention is adopted.
Passed, approved, and adopted this 6th
day of May 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
ACTION ITEMS
1. Multicultural Family Center Board Annu-
al Report: Multicultural Family Center Board
President Marlene Woller provided a verbal
report of the Multicultural Family Center 2018
Annual Report to the City Council. Motion by
Larson to receive and file the documents and
hear the presentation. Seconded by Resnick.
Ms. Woller highlighted portions of the report
regarding partnerships; programs/events; do-
nations; pilot programs focusing on job skills,
etc.; STEM programs, new director Jackie
Hunter, and Great Give Day (May 9, 2019).
Motion carried 6-0.
2. Awarding Contract for the Bee Branch
Healthy Homes (CDBG-NDR) Housing Reha-
bilitation Project for 278 W. 17th Street: City
Manager recommending award of the con-
struction contract for the Bee Branch Healthy
Homes (CDBG-NDR) Housing Rehabilitation
Project for 278 W. 17th Street to the low bidder
Bel Aire Home Improvement, LLC. Motion by
Larson to receive and file the documents and
adopt Resolution No. 171-19 Awarding Bee
Branch Healthy Homes (CDBG-NDR)
Housing Rehabilitation Project for 278-W. 17th
Street Project. Seconded by Jones. Motion
carried 6-0.
RESOLUTION NO. 171-19
AWARDING BEE BRANCH HEALTHY
HOMES (CDBG-NDR) HOUSING REHABILI-
TATION PROJECT FOR 278 W. 17TH
STREET PROJECT
Whereas, sealed proposals have been
submitted by contractors for the Bee Branch
Healthy Homes (CDBG-NDR) Housing Reha-
bilitation Project for 278 W. 17th Street, (the
Project) pursuant to Resolution No. 115-19
and Notice to Bidders published on the City of
Dubuque, Iowa website and plan room service
with statewide circulation on the 3rd day of
April 2019; and
Whereas, said sealed proposals were
opened and read on the 19th day of April 2019
and it has been determined that Bel Aire Home
Improvement, LLC of Platteville, WI with a bid
in the amount of $277,000.00 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 Bee Branch Healthy Homes Project
for 278 W. 17th Street is hereby awarded to Bel
Aire Home Improvement, LLC and the City
Manager is hereby directed to execute a Con-
tract on behalf of the City of Dubuque for the
Project.
Passed, adopted and approved this 6th day
of May 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. Award of Contract for the NW Arterial
and Pennsylvania Right-Turn Lane Project:
City Manager recommending award of the
construction contract to the low bidder, Mid-
west Concrete, Inc., subject to the concur-
rence of the Iowa Department of Transporta-
tion. Motion by Jones to receive and file the
documents and adopt Resolution No. 172-19
Awarding public improvement contract for the
Northwest Arterial - Pennsylvania Avenue
Right-Turn Lane Project. Seconded by Shaw.
Responding to questions from the City Coun-
cil, City Manager Van Milligen and Assistant
City Engineer Bob Schiesl explained that con-
tractor bids can range widely in price or cluster
up with similar pricing adding that there are too
many variables on the side of the contractor to
explain the variances. Motion carried 6-0.
RESOLUTION NO. 172-19
AWARDING PUBLIC IMPROVEMENT CON-
TRACT FOR THE NORTHWEST ARTERIAL -
PENNSYLVANIA AVENUE RIGHT TURN
LANE PROJECT
174 Regular Session May 6, 2019 Book 149
Whereas, sealed proposals have been
submitted by contractors for the Northwest
Arterial - Pennsylvania Avenue Right Turn
Lane Project, (the Project) pursuant to Resolu-
tion No. 118-19 and Notice to Bidders pub-
lished on the City of Dubuque, Iowa website
and plan room service with statewide circula-
tion on the 5th day of April 2019; and
Whereas, said sealed proposals were
opened and read on the 25th day of April 2019
and it has been determined that Midwest Con-
crete, Inc. of Peosta, Iowa, in the bid amount
of $340,575.10, is the lowest responsive, re-
sponsible 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 Midwest Con-
crete, Inc. and the City Manager is hereby
directed to execute a Public Improvement
Contract on behalf of the City of Dubuque for
the Project.
Passed, adopted and approved this 6th day
of May 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
4. Real Estate Broker Services for City-
Owned Land – Lease and Sale: City Manager
recommending approval of the use of real es-
tate broker services in exchange for a fee for
any successful lease or sale transactions of
City-owned properties. Motion by Resnick to
receive and file the documents and approve
the recommendation. Seconded by Jones.
Responding to questions from the City Coun-
cil, City Manager Van Milligen clarified that the
City would provide a commission to the realtor
with a client who wants to sell property to the
City or buy City-owned property. He added
that the sale of City-owned property would still
require a public hearing and Council approval.
Motion carried 6-0.
5. Large Neighborhood Grant Review
Committee Revisions: City Manager recom-
mending approval of the Community Devel-
opment Advisory Commission recommenda-
tions regarding the revisions to the Large
Neighborhood Grant Program. Motion by Lar-
son to receive and file the documents and ap-
prove the recommendation. Seconded by
Resnick. Responding to questions from the
City Council, Neighborhood Development
Specialist Jerelyn O’Connor explained that
CDBG grant allocations have decreased over
the years and reducing the cap would help
fund more non-profit organization projects,
especially those that partner with neighbor-
hood associations. Motion carried 6-0.
6. Amendments to U.S. Department of
Housing and Urban Development (HUD) Vol-
untary Compliance Agreement (VCA): City
Manager transmitting information regarding an
amendment to the Voluntary Compliance
Agreement (VCA) with the U.S. Department of
Housing and Urban Development (HUD) and
the City of Dubuque that reduces the reporting
requirements for the last two years of the
Agreement. Motion by Jones to receive and
file the documents. Seconded by Resnick.
Motion carried 6-0.
7. Code of Ordinances Amendment - Title
4 Restricted Parking in Central Market: City
Manager recommending approval of an
amendment to City Code Section 4-4-4 which
explains parking restrictions during dates,
times, and months that other permitted farm-
ers’ markets occur as well. Motion by Jones to
receive and file the documents and that the
requirement that a proposed ordinance be
considered and voted on for passage at two
Council meetings prior to the meeting at which
it is to be passed be suspended. Seconded by
Resnick. Motion carried 6-0.
Motion by Jones for final consideration and
passage of Ordinance No. 22-19 Amending
City of Dubuque Code of Ordinances Title 4
Business and License Regulations, Chapter 4
Central Market, Section 4-4-4 Restricted Park-
ing in Central Market. Seconded by Resnick.
Motion carried 6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 22-19
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 4 BUSINESS AND LI-
CENSE REGULATIONS, CHAPTER 4 CEN-
TRAL MARKET, SECTION 4-4-4 RESTRICT-
ED PARKING IN CENTRAL MARKET
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 4-4-4 of the City of
Dubuque Code of Ordinances is amended to
read as follows:
4-4-4: RESTRICTED PARKING IN CEN-
TRAL MARKET AND OTHER DESIGNATED
FARMERS’ MARKETS:
A. When stalls in the Central Market
have been established by the city man-
ager and signs are erected giving no-
tice thereof, no person shall park a ve-
hicle in such stall between the hours of
six o'clock (6:00) a.m. and twelve
o'clock (12:00) noon on Saturdays in
the months of May through October un-
less the vehicle has on display a permit
as described in this chapter.
B. When stalls in other designated,
permitted farmers’ markets have been
established by the city manager and
175 Regular Sessions May 6, 2019 Book 149
signs are erected giving notice thereof,
no person shall park a vehicle in such
stall between the hours designated on
the signs on the days in the months of
the year designated on the signs un-
less the vehicle has on display a permit
described in this chapter.
Section 2. This Ordinance takes effect on
publication.
Passed, approved, and adopted the 6th day
of May 2019.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 10th day of May 2019.
/s/Kevin S. Firnstahl, City Clerk
8. Code of Ordinances Amendment - Title
4 Central and Farmer's Markets Permit Ex-
emptions: City Manager recommending ap-
proval of an amendment that expands the ex-
emption for businesses selling at the Central
Market and any other permitted farmers’ mar-
kets in the City. Motion by Larson to receive
and file the documents and that the require-
ment 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 Jones.
Motion carried 6-0.
Motion by Larson for final consideration
and passage of Ordinance No. 23-19 Amend-
ing City of Dubuque Code of Ordinances Title
4 Business and License Regulations, Chapter
5 Solicitor’s License, Section 4-5-3 Exemp-
tions. Seconded by Jones. Motion carried 6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 23-19
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 4 BUSINESS AND LI-
CENSE REGULATIONS, CHAPTER 5 SO-
LICITOR’S LICENSE, SECTION 4-5-3 EX-
EMPTIONS
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 4-5-3 of the City of
Dubuque Code of Ordinances is amended to
read as follows:
4-5-3: EXEMPTIONS:
This chapter does not apply to the follow-
ing:
A. Vendors of goods, merchandise,
or services delivered or sold to estab-
lished customers;
B. Nonprofit organizations filed un-
der or authorized by chapter 504 of the
Iowa Code or authorized and organized
under statutes or regulations of the
United States government or approved
by the internal revenue service, where
such organizations have a permanent
office in Dubuque County, Iowa;
C. Churches and public and private
schools and colleges that have a per-
manent office in Dubuque County, Io-
wa;
D. Nonprofit clubs and lodges not
ordinarily conducted as a business and
which do not meet the requirements of
chapter 504 of the Iowa Code and that
have a permanent office in Dubuque
County, Iowa;
E. Persons selling at wholesale to
merchants, persons selling their own
art or handicrafts either by themselves
or through employees, or nonprofit civ-
ic, charitable, religious, or educational
groups or members or employees
thereof engaged in retail sale for the
purpose of fundraising;
F. Central Market and other permit-
ted farmers’ market businesses li-
censed in accordance with this code; or
G. Persons that purchase gold, bul-
lion, ingots, precious metals, and jewel-
ry. Such persons are subject to the
pawnbroker and secondhand dealer
regulations set forth in Chapter 6, Arti-
cle A of this title.
Section 2. This Ordinance takes effect on
publication.
Passed, approved, and adopted the 6th day
of May 2019.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 10th day of May 2019.
/s/Kevin S. Firnstahl, City Clerk
9. Request for Work Session - Bee Branch
Watershed Flood Mitigation Project - Blum
Site: City Manager recommending that the City
Council schedule a work session on the Bee
Branch Watershed Flood Mitigation Project –
Blum Site Update for May 13, 2019. (In combi-
nation with the request for the Central Avenue
Master Plan work session.) Motion by Resnick
to receive and file the documents and sched-
ule the work session as recommended. Se-
conded by Jones. No schedule conflicts were
expressed. Motion carried 6-0.
10. Southwest Arterial Construction Update
Video: Cable TV Division showed a video of
the recent progress of the Southwest Arterial
Project. Motion by Resnick to receive and file
the information and view the video. Seconded
by Larson. Motion carried 6-0.
176 Special Session May 13, 2019 Book 149
COUNCIL MEMBER REPORTS
Council Member Jones reported on the
May 3 EMS/Firefighters fundraising dinner at
which retired Firefighter Mark Kisting was in-
ducted into the “Hall of Flame.”
There being no further business, upon mo-
tion the City Council adjourned at 7:33 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special
session at 6:00 p.m. on May 13, 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
the Central Avenue Corridor Streetscape Mas-
ter Plan and the Bee Branch Watershed Flood
Mitigation Project - Blum Site Update.
WORK SESSIONS
1. Central Avenue Corridor Streetscape
Master Plan: Economic Development Director
Jill Connors introduced the work session and
RDG Consultant Ryan Peterson. Mr. Peterson
conducted the work session highlighting the
following topics from the draft master plan:
• Acknowledgments: Mayor, City Coun-
cil, Administration; Steering Committee,
Consultant Team;
• Central Avenue Study Area / Washing-
ton Neighborhood;
• Transition Points;
• Corridor Core Area;
• Creating an 18th-Street “Hub;”
• Public transportation opportunities with
covered benches/shelters;
• Expanded sidewalks, pedestrian and
biking priorities;
• Preserving the Corridor’s architecture;
• Green space and event areas;
• Integrated arts and culture;
• Transitioning to two-way traffic;
• Implementation and next steps.
The City Council had discussion with the
presenter and voiced their liking with many
aspects of the plan. Concerns were aimed at
street width, pedestrian safety, and traffic vol-
umes. City Manager Van Milligen stated that
once the impact of the SW Arterial opening
and the Hwy 52 transfer of jurisdiction from the
Iowa DOT is realized; a traffic study will be
completed to better inform the project.
177 Special Session May 13, 2019 Book 149
The work session concluded at 6:45 p.m.
Mayor Buol called for a short break to prepare
for the next work session.
2. Bee Branch Watershed Flood Mitigation
Project - Blum Site Update: Project Manager
Steve Brown, Leisure Services Manager Marie
Ware, and Recreation Manager Dan Kroger
provided an update on the Bee Branch Water-
shed Flood Mitigation Project – Blum Site Pro-
ject and the expanded ideas for the site. Top-
ics included:
• Connecting the community through
shared spaces and proximity to other
activity areas and facilities.
o Overview of the upper and lower
Bee Branch restoration area and
status of pending projects;
o Overview and history of the Blum
site;
o Areas of opportunity and data col-
lection for creating an equitable and
inclusive community of choice;
o Potentially relocating the Leisure
Services offices to an accessible
location with expanded connectivity
and potential;
o Comparison to other ambitious City
projects: Historic Millwork District,
Port of Dubuque and the Bee
Branch Creek Greenway;
o Community outreach.
• Data Collection
o Relationship to Dubuque’s True
North initiative and Imagine Dubu-
que Comprehensive Plan;
o Recreation needs and recommen-
dations;
o Opportunities for partnerships;
o Gateway to Dubuque;
o Vision: a community center and
park with equitable access and op-
portunities.
• Budget
o East Blum site: site features, build-
ing features, Sycamore Triangle
site features;
o West Blum site: site features, build-
ing features;
o Total project costs, funding short-
fall, grant opportunities;
• Proactive equitable community of
choice programming;
• Moving forward, direction, timeline, and
next steps.
The City Council had lengthy discussion
with the presenters and expressed their liking
for many concepts and the relationship to the
City’s goals and priorities. Other topics dis-
cussed included the size and cost of the pro-
ject, relationship to the local correctional facili-
ty, planned safety features; data on the impact
of recreational programming on community
race relations and teen arrests, and the poten-
tial benefits of moving the Leisure Services
offices to a downtown location.
There being no further business, upon mo-
tion the City Council adjourned at 8:32 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
178 Regular Session May 20, 2019 Book 149
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular
session at 6:00 p.m. on May 20, 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, Assistant City At-
torney Maureen Quann
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. Employee SPIRIT Awards: Assistant
City Manager Cori Burbach presented the Em-
ployee SPIRIT Awards to the following City
employees for their contributions in the noted
categories.
Service: The Consider It Done Award: Sa-
rah Bennett (presented posthumously to Ms.
Bennet’s family) – Housing & Community De-
velopment Department and Rob Blake - Water
Department
People: The Highest of High Fives Award =
Taj Suleyman - Human Rights; Anderson
Sainci - Public Works; Nate Lech - Police De-
partment; Maddy Haverland - Housing &
Community Development; Nancy Knipper -
Water & Resource Recovery Center; Jeremy
Jensen - Police Department; and Karen Smith
- Police Department
Integrity: The Constant Contributor Award
= Russ Stecklein - Transportation Services
Responsibility: The MacGyver Award =
Jennifer Larson - Finance & Budget Depart-
ment
Innovation: The Big Bang Award = Kelli
Buchenau - Public Information Office
Teamwork: The Cloud 9 Collaborator
Award = Marie Ware - Leisure Services; Circle
of Excellence = Jenny Messerich - City Attor-
ney's Office; and Stephanie Valentine - City
Manager's Office
2. Iowa Environmental Association “Rookie
of the Year” Award: Public Health Specialist
Mary Rose Corrigan presented the Iowa Envi-
ronmental Health Association “Rookie of the
Year” award to City of Dubuque Environmental
Sanitarian Katie Baker.
3. American Public Works Association
(APWA) 2019 Top Ten Public Works Leader of
the Year: Past APWA President and 2017 Top
Ten Winner Larry Stevens presented Public
Work Director John Klostermann with the 2019
Top Ten Leader of the Year award.
PROCLAMATION(S)
1. Public Works Week (May 19-25, 2019)
was accepted by Public Works Director John
Klostermann and Civil Engineer Jon Dienst.
2. DuRide Older Americans Month (May
2019) was accepted by DuRide Executive Di-
rector Greg Orwoll.
3. Men's Health Awareness Month (June
2019) was accepted by City Wellness Commit-
tee Chairperson Ken Miller.
CONSENT ITEMS
Motion by Resnick to receive and file the
documents, adopt the resolutions, and dispose
of as indicated. Seconded by Jones. Motion
carried 7-0.
1. Minutes and Reports Submitted: Airport
Commission of 4/22; City Council Proceedings
of 5/6, 5/13; Civil Service Commission Minutes
of 5/10; Community Development Advisory
Commission of 4/17; Human Rights Commis-
sion of 4/8, 4/25, 5/1; Transit Advisory Board
of 5/9; Zoning Advisory Commission Minutes
of 5/1/19; Zoning Board of Adjustment Minutes
of 5/2/19; Proof of Publication for City Council
Proceedings of 4/15. Upon motion the docu-
ments were received and filed.
2. Notice of Claims and Suits: Shannon
Katka for personal injury/vehicle damage, Jor-
dan Lyons for vehicle damage, Sherrie Moriar-
ity for vehicle damage, Linda Rauen for vehicle
damage, Kimberly Sampson for vehicle dam-
age. Upon motion the documents were re-
ceived, filed, and referred to the City Attorney.
3. Disposition of Claims: City Attorney ad-
vising that the following claims have been re-
ferred to Public Entity Risk Services of Iowa,
the agent for the Iowa Communities Assurance
Pool: Shannon Katka for personal inju-
ry/vehicle damage, Jordan Lyons for vehicle
damage, Sherrie Moriarity for vehicle damage,
Linda Rauen for vehicle damage, Kimberly
Sampson for vehicle damage. Upon motion
the documents were received, filed, and con-
curred.
4. Approval of City Expenditures: City
Manager recommending Council approval for
payment of City expenditures. Upon motion
the documents were received and filed, and
Resolution No. 173-19 Authorizing the Finance
179 Regular Session May 20, 2019 Book 149
Director-City Treasurer to make certain pay-
ments of bills that must be paid and approved
for payment in accordance with City proce-
dures was adopted.
RESOLUTION NO. 173-19
AUTHORIZING THE FINANCE DIRECTOR-
CITY TREASURER TO MAKE CERTAIN
PAYMENTS OF BILLS THAT MUST BE PAID
AND APPROVED FOR PAYMENT IN AC-
CORDANCE 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 req-
uisitioned for a lawful municipal purpose; and
Whereas, the Finance Director-City Treas-
urer 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 pay-
ment 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 requested
by designated requisitioning authorities in ac-
cordance with approved budget appropria-
tions.
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 20th
day of May 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. National Waterways Foundation Bro-
chure: City Manager providing a copy of the
public information brochure from the National
Waterways Foundation. Upon motion the doc-
uments were received and filed.
6. Public, Educational, and Government
(PEG) Capital Grant Expenditure Request:
City Manager recommending approval of the
Cable TV Commission's request for funding
from the Public, Educational, and Government
(PEG) Capital Grant for Access Equipment
and Facilities to purchase equipment for
Sageville School and Dubuque's CityChannel.
Upon motion the documents were received,
filed and approved.
7. Fiscal Year 2019 Special Assessments
Fund Transfers: City Manager recommending
approval of the suggested proceedings for
approving a transfer of funds collected from
special assessments. Upon motion the docu-
ments were received and filed, and Resolution
No. 174-19 Authorizing the Director of Finance
and Budget to make the appropriate inter-fund
transfers of sums and record the same in the
appropriate manner for Fiscal Year 2019 for
the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 174-19
AUTHORIZING THE DIRECTOR OF FI-
NANCE AND BUDGET TO MAKE THE AP-
PROPRIATE INTERFUND TRANSFERS OF
SUMS AND RECORD THE SAME IN THE
APPROPRIATE MANNER FOR THE FY 2019
FOR THE CITY OF DUBUQUE, IOWA
Whereas, Iowa Administrative Rules Code
Section 545-2.5(5) implements Iowa Code
Section 384.18 and provides that the City
Council shall approve all transfers of moneys
from one budgeted fund to another budgeted
fund as provided in Iowa Administrative Rules
Code Section 545-2.5(5).
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Authorize the Director of Fi-
nance and Budget to Transfer Funds. That the
Director of Finance and Budget be and is
hereby authorized by the City Council to make
the appropriate interfund transfer of sums and
record the same in the appropriate manner for
FY 2019.
Section 2. Transfer of Funds. That the Di-
rector of Finance and Budget will transfer the
following sums and to record the same in the
appropriate manner:
1. Transfer from the Special Assessments
Special Revenue Fund to the Street
Construction Fund $45,613.06 to reim-
burse previously assessed street im-
provements.
2. Transfer from the Special Assessments
Special Revenue Fund to the Sales
Tax Increment Fund $71,684.67 to re-
180 Regular Session May 20, 2019 Book 149
imburse previously assessed street im-
provements.
3. Transfer from the Special Assessments
Special Revenue Fund to the Storm-
water Operating Enterprise Fund
$114.36 to reimburse previously as-
sessed stormwater detention basin
maintenance.
4. Transfer from the Special Assessments
Special Revenue Fund to the General
Fund $4,131.79 to reimburse previous-
ly assessed sidewalk improvements.
5. Transfer from the Special Assessments
Special Revenue Fung to the Water
Operating Enterprise Fund $7,210.95
to reimburse previously assessed water
improvements.
Passed, approved, and adopted this 20th
day of May 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
8. Wal-Mart Stores East, LP Property Tax
Appeal Settlement: Senior Counsel recom-
mending approval of a Stipulation of Settle-
ment for a property tax appeal filed by Wal -
Mart Stores East, LP for their property (Sam's
Club) at 4400 Asbury Road. Upon motion the
documents were received, filed and approved.
9. McCarthy et al. vs. DRA, Q Casino, Hil-
ton Garden Inn, and City of Dubuque: Senior
Counsel providing information on the dismissal
of the negligence lawsuit brought against the
City of Dubuque by Kathleen McCarthy on
behalf of Matthew McCarthy. Upon motion the
documents were received and filed.
10. Plat of Survey - Maple Leaf Addition
No. 4: Zoning Advisory Commission recom-
mending approval of the Plat of Survey for
Maple Leaf Addition No. 4 (627 and 647 Louel-
la Lane) subject to waiving the lot frontage and
lot area requirements for Lot 2. Upon motion
the documents were received and filed, and
Resolution No. 175-19 Approving the Plat of
Survey of Maple Leaf Addition No. 4 in the City
of Dubuque Iowa was adopted.
RESOLUTION NO. 175-19
APPROVING THE PLAT OF SURVEY OF
MAPLE LEAF ADDITION NO. 4 IN THE CITY
OF DUBUQUE, IOWA
Whereas, there has been filed with the City
Clerk a Plat of Survey of Maple Leaf Addition
No. 4 in the City of Dubuque, Iowa; and
Whereas, said Plat of Survey provides
28.17 feet of frontage and 3.275 square feet of
lot area for Lot 2 on a public or approved pri-
vate street, where 50 feet of street frontage
and 5,000 square feet of lot area is required by
Section 11-14 of Title 16 of the City of Dubu-
que Code of Ordinances, Unified Development
Code; and
Whereas, said Plat of Survey has been ex-
amined by the Zoning Advisory Commission
and its approval has been endorsed thereon;
and
Whereas, said Plat of Survey has been ex-
amined by the City Council and they find that it
conforms to the statutes and ordinances relat-
ing thereto.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Section 11-14 of Title 16 of
the City of Dubuque Code of Ordinances, Uni-
fied Development Code, is waived to allow
28.17 feet of frontage on a public street or an
approved private street, and 3,275 square feet
of lot area for Lot 2.
Section 2. That the Plat of Survey of Maple
Leaf Addition No. 4 is hereby approved, and
the Mayor and City Clerk are hereby author-
ized and directed to endorse the approval of
the City of Dubuque, Iowa upon said Plat of
Survey.
Passed, approved, and adopted this 20th
day of May 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
11. Plat of Survey - Schlitzer Lane: Zoning
Advisory Commission recommending approval
of the Plat of Survey for property on Schlitzer
Lane subject to waiving the lot frontage re-
quirement for Lot 1. Upon motion the docu-
ments were received and filed, and Resolution
No. 176-19 Approving the Plat of Survey Lot 1
in the Northeast Quarter of the Northwest
Quarter of Section 9, T89N, R2E of the 5TH
P.M., Dubuque County, Iowa was adopted.
RESOLUTION NO. 176-19
APPROVING THE PLAT OF SURVEY LOT 1
IN THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 9,
T89N, R2E OF THE 5TH P.M., DUBUQUE
COUNTY, IOWA
Whereas, there has been filed with the City
Clerk a Plat of Survey Lot 1 in the Northeast
Quarter of the Northwest Quarter of Section 9,
T89N, R2E of the 5th P.M., Dubuque County,
Iowa, located at 16766 Schlitzer Lane; and
Whereas, said Plat of Survey provides 0
feet of frontage for Lot 1 on a public or ap-
proved private street, where 50 feet of street
frontage is required by Section 11-14(B) in
accordance of Title 16 of the City of Dubuque
Code of Ordinances; and
Whereas, said Plat of Survey has been ex-
amined by the Zoning Advisory Commission
and had its approval endorsed thereon; and
Whereas, said Plat of Survey has been ex-
amined by the City Council and they find that it
181 Regular Session May 20, 2019 Book 149
conforms to the statues and ordinances relat-
ing thereto.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Section 11-14(B) of Title 16
of the City of Dubuque Code of Ordinances,
Unified Development Code, is waived to allow
0 feet of frontage on a public street or an ap-
proved private street for Lot 1.
Section 2. That the Plat of Survey Lot 1 in
the Northeast Quarter of the Northwest Quar-
ter of Section 9, T89N, R2E of the 5th P.M., is
hereby approved and the Mayor and City Clerk
are hereby authorized and directed to endorse
the approval of the City of Dubuque, Iowa up-
on said Plat of Survey.
Passed, approved, and adopted this 20th
day of May 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
12. Pre-Annexation Agreement - Schlitzer
Lane: City Manager recommending approval
of a Pre-Annexation Agreement with the Bar-
bara A. Schlitzer Trust dated August 30, 2004,
for 40 acres of property off Schlitzer Lane
north of the intersection with Rupp Hollow
Road. Upon motion the documents were re-
ceived and filed, and Resolution No. 177-19
Approving a Pre-Annexation Agreement be-
tween the City of Dubuque, Iowa and the Bar-
bara A. Schlitzer Trust Dated August 30, 2004
was adopted.
RESOLUTION NO. 177-19
APPROVING A PRE-ANNEXATION
AGREEMENT BETWEEN THE CITY OF
DUBUQUE, IOWA, AND THE BARBARA A.
SCHLITZER TRUST DATED AUGUST 30,
2004
Whereas, the Barbara A. Schlitzer Trust
dated August 30, 2004, the owner of the fol-
lowing described property in Dubuque County,
Iowa (the Property) have submitted to the City
Council of the city of Dubuque an application
for voluntary annexation of the Property to the
City of Dubuque:
The Northeast Quarter of the Northwest
Quarter of Section 9, Township 89
North, Range 2 East of the 5th P.m.,
Dubuque County, Iowa.
Whereas, the Barbara A. Schlitzer Trust
dated August 30, 2004 has entered into a Pre-
annexation Agreement with the City of Dubu-
que a copy of which is attached hereto govern-
ing the future annexation of the Property; and
Whereas, the Property is not subject to an
existing annexation moratorium; and
Whereas, the Property does not include
any state or railroad property; and
Whereas, Iowa Code Section 368.7 author-
izes the voluntary annexation of property in
Dubuque County, Iowa and the extension of
city limits by voluntary annexation; and
Whereas, the annexation of the Property is
consistent with the Comprehensive Plan of the
City of Dubuque, necessary for the future or-
derly growth and development of the City of
Dubuque, and will promote efficient and cost-
effective extension of municipal services; and
Whereas, the City Council finds that the
annexation of the Property is in the public in-
terest.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The Pre-annexation Agreement
by and between the Barbara A. Schlitzer Trust
dated August 30, 2004 and the City of Dubu-
que is hereby approved.
Passed, approved, and adopted this 20th
day of May 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
13. Renewal of FDA Five-Year Single Sig-
nature Long-Term Food Information Sharing
Agreement: City Manager recommending ap-
proval of the renewal of the FDA Five-Year
Single Signature Long-Term Food Information
Sharing Agreement for sharing non-public food
information. Upon motion the documents were
received, filed and approved.
14. Agreement for Use of Tax Increment
Financing for 278 W. 17th Street Rehabilitation
Project: City Manager recommending approval
of City support to Chris Richard in the amount
of $330,000 in Housing TIF Funds and
$120,000 Greater Downtown TIF funds as a
zero-interest loan for the rehabilitation of 278
West 17th Street. Upon motion the documents
were received, filed and approved.
15. Amendment to Environmental Cove-
nant - Jule Operations and Training Center
Site: City Manager recommending approval of
the Amended and Restated Environmental
Covenant for the Jule Operations and Training
Center on Kerper Boulevard. Upon motion the
documents were received and filed, and Reso-
lution No. 178-19 Approving an Amended and
Restated Environmental Covenant for the
property at 949 Kerper Boulevard in Dubuque,
Dubuque County, Iowa locally known as Jule
Operations and Training Center was adopted.
RESOLUTION NO. 178-19
APPROVING AN AMENDED AND RESTAT-
ED ENVIRONMENTAL COVENANT FOR
THE PROPERTY AT 949 KERPER BOULE-
VARD IN DUBUQUE, DUBUQUE COUNTY,
IOWA LOCALLY KNOWN AS THE JULE
OPERATIONS AND TRAINING CENTER
182 Regular Session May 20, 2019 Book 149
Whereas, the City of Dubuque is the owner
of the real property legally described in Exhibit
A hereto and incorporated herein, with a local
address of 949 Kerper Boulevard in Dubuque,
Dubuque County, Iowa (hereinafter "Proper-
ty"); and
Whereas, the City of Dubuque, MidAmeri-
can Energy Company, the U.S. Environmental
Protection Agency and the Iowa Department of
Natural Resources (the Parties) entered into
an Environmental Covenant (the Prior Cove-
nant) recorded on September 28, 2015 in
Book 2015 at Page 12514 of the county rec-
ords for the purpose of subjecting the Property
to certain activity and use limitations in ac-
cordance with the terms and conditions speci-
fied therein; and
Whereas, the Parties now desire to amend,
restate, and replace the Prior Covenant with
the Amended and Restated Environmental
Covenant attached hereto; and
Whereas, the City Council of the City of
Dubuque finds that it is in the best interest of
the City of Dubuque to approve the Amended
and Restated Environmental Covenant.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Amended and Restated
Environmental Covenant is hereby approved.
Section 2. The Mayor is hereby authorized
and directed to execute the Amended and
Restated Environmental Covenant on behalf of
the City of Dubuque.
Section 3. The City Manager is authorized
to take such actions as are necessary to carry
out the terms of the Amended and Restated
Environmental Covenant.
Section 4. The City Clerk is hereby author-
ized and directed to record this Resolution and
the Amended and Restated Environmental
Covenant with the Dubuque County Recorder
Passed, approved and adopted this 20th
day of May 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
16. Proposed Amendment to Master Co-
location and Shared Services Agreement be-
tween the City of Dubuque and CS Technolo-
gies: City Manager recommending approval of
the Third Amendment to an existing Master
Agreement and Project Statement in place
between the City of Dubuque and CS Tech-
nologies. Upon motion the documents were
received, filed and approved.
17. Proposed Agreement to Extend the In-
stitutional Network of Fiber (I-Net) Agreement
between City of Dubuque and MCC Iowa (Me-
diacom): City Manager recommending ap-
proval to extend a “dark” fiber Optic Cable Use
agreement between the City of Dubuque and
Mediacom through June 30, 2022. Upon mo-
tion the documents were received, filed and
approved.
18. Award 2019 Asphalt Overlay Access
Ramp Project Two: City Manager recommend-
ing that the award for the 2019 Asphalt Over-
lay Access Ramp Project Two to Midwest
Concrete, Inc. be officially recorded in the
minutes of the City Council. Upon motion the
documents were received, filed and made a
Matter of Record.
19. Acceptance of Twin Ridge Lift Station
Abandonment Project: City Manager recom-
mending acceptance of the construction con-
tract for the Twin Ridge Lift Station Abandon-
ment Project as completed by Gansen Exca-
vating, Inc. Upon motion the documents were
received and filed, and Resolution No. 179-19
Accepting Twin Ridge Lift Station Abandon-
ment Project was adopted.
RESOLUTION NO. 179-19
ACCEPTING THE TWIN RIDGE LIFT STA-
TION ABANDONMENT PROJECT
Whereas, the public improvement contract
for the Twin Ridge Lift Station Abandonment
Project, (the Project) has been completed by
the contractor, Gansen Excavating, Inc. (Con-
tractor), the City Engineer has examined the
work and recommends that the Project be ac-
cepted; and
Whereas, the final contract amount for the
Project is $106,851.05; and
Whereas, the Contractor has previously
been paid $105,008.49, leaving a balance o f
$1,842.55; and
Whereas, the City Council finds that the
recommendation of the City Engineer should
be accepted.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City
Engineer is approved, and the Project is here-
by accepted.
Section 2. The Finance Director is hereby
directed to pay to the Contractor the balance
of the retainage of $1,842.55 as provided in
Iowa Code chapter 573, and to pay such re-
tainage in accordance with the provisions of
Iowa Code chapter 573 or Iowa Code chapter
26.13.
Passed, approved, and adopted this 20th
day of May 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL
COMPLETION OF THE TWIN RIDGE LIFT
STATION ABANDONMENT PROJECT
183 Regular Session May 20, 2019 Book 149
The undersigned City Engineer of the City
of Dubuque, Iowa, hereby certifies that he has
inspected the Twin Ridge Lift Station Aban-
donment Project, and that said Project has
been performed in compliance with the terms
of the Public Improvement Contract, and that
the total cost of the completed work is
$128,084.08.
Dated this 14th day of May 2019.
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 14 th
day of May 2019.
/s/Kevin S. Firnstahl, City Clerk
20. Acceptance of Phase III 30-Inch Force
Main Relocation Project from 7th Street to 12th
Street: City Manager recommending ac-
ceptance of the construction contract for
Phase III of the 30-Inch Force Main Relocation
Project from 7th Street to 9th Street, as com-
pleted by Top Grade Excavating, Inc. Upon
motion the documents were received and filed,
and Resolution No. 180-19 Accepting the
Phase III of the 3-Inch Force Main Relocation
Project from 7th Street to 9th Street and au-
thorizing the final payment to the contractor
was adopted.
RESOLUTION NO. 180-19
ACCEPTING THE PHASE III OF THE 30-
INCH FORCE MAIN RELOCATION PRO-
JECT FROM 7th STREET TO 9th STREET
AND AUTHORIZING THE FINAL PAYMENT
TO THE CONTRACTOR
Whereas, the public improvement contract
for the Phase III of the 30-inch Force Main
Relocation Project from 7th Street to 9th Street
(the Project) has been completed by the Con-
tractor, Top Grade Excavating, Inc. of Farley,
IA (Contractor), and the City Engineer has
examined the work and signed a certificate
stating that the Project has been completed
according to the terms of the Public Improve-
ment Contract and that the City Engineer rec-
ommends that the Project be accepted; and
Whereas, the final contract amount for the
Project is $625,997.44; and
Whereas, the Contractor has previously
been paid $620,263.07, leaving a balance of
$5,734.37; and
Whereas, the City Council finds that the
recommendation of the City Engineer should
be accepted.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City
Engineer is approved, and the Project is here-
by accepted.
Section 2. The Finance Director is hereby
directed to pay to the Contractor from the Re-
location of 30” Force Main, Washington Street
Reconstruction from 7th to 9th and the Sani-
tary Extension New Development CIP appro-
priations for the contract amount of
$625,997.44 less any retained percentage
provided for therein as provided in Iowa Code.
Section 2. The Finance Director is hereby
directed to pay to the Contractor the balance
of the retainage of $5,734.37 as provided in
Iowa Code chapter 573, and to pay such re-
tainage in accordance with the provisions of
Iowa Code chapter 573 or Iowa Code chapter
26.13.
Passed, approved, and adopted this 20th
day of May 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL
COMPLETION OF THE 30-INCH FORCE
MAIN RELOCATION PROJECT FROM 7th
STREET TO 9th STREET
The undersigned City Engineer of the City
of Dubuque, Iowa, hereby certifies that he has
inspected the Phase III of the 30-inch Force
Main Relocation Project from 7th Street to 9th
Street, and that the Project has been complet-
ed in compliance with the terms of the Public
Improvement Contract, and that the total cost
of the completed work is $648,413.83.
Dated this 14th day of May 2019.
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 14 th
day of May 2019.
/s/Kevin Firnstahl, City Clerk
21. Acceptance of Catfish Creek Stream
Bank Stabilization Project: City Manager rec-
ommending acceptance of the public im-
provement construction contract for the South
Fork of the Catfish Creek Sanitary Interceptor
Sewer Stream Bank Emergency Repair Pro-
ject, as completed by Legacy Corporation.
Upon motion the documents were received
and filed, and Resolution No. 181-19 Accept-
ing the Catfish Creek Sanitary Interceptor
Sewer - Stream Bank Emergency Repair Pro-
ject and Authorizing the final payment to the
contractor was adopted.
RESOLUTION NO. 181-19
ACCEPTING THE CATFISH CREEK SANI-
TARY INTERCEPTOR SEWER - STREAM
BANK EMERGENCY REPAIR PROJECT
AND AUTHORIZING THE FINAL PAYMENT
TO THE CONTRACTOR
Whereas, the public improvement contract
for the Catfish Creek Sanitary Interceptor
Sewer - Stream Bank Emergency Repair Pro-
ject (the Project) has been completed by the
Contractor, Legacy Corporation of East Mo-
line, IL (Contractor), and the City Engineer has
examined the work and signed a certificate
stating that the Project has been completed
according to the terms of the Public Improve-
184 Regular Session May 20, 2019 Book 149
ment Contract and that the City Engineer rec-
ommends that the Project be accepted; and
Whereas, the final contract amount for the
Project is $80,774.17; and
Whereas, the Contractor has previously
been paid $76,735.46, leaving a balance of
$4,038.71; and
Whereas, the City Council finds that the
recommendation of the City Engineer should
be accepted.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The recommendation of the City
Engineer is approved, and the Project is here-
by accepted.
Section 2. The Finance Director is hereby
directed to pay to the Contractor from the Cat-
fish Creek Stream Bank Repair - Steger Tjarks
CIP appropriations for the contract amount of
$80,774.17 less any retained percentage pro-
vided for therein as provided in Iowa Code.
Section 2. The Finance Director is hereby
directed to pay to the Contractor the balance
of the retainage of $4,038.71 as provided in
Iowa Code chapter 573, and to pay such re-
tainage in accordance with the provisions of
Iowa Code chapter 573 or Iowa Code chapter
26.13.
Passed, approved and adopted this 20th
day of May 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL
COMPLETION OF THE CATFISH CREEK
SANITARY INTERCEPTOR SEWER -
STREAM BANK EMERGENCY REPAIR
PROJECT
The undersigned City Engineer of the City
of Dubuque, Iowa, hereby certifies that he has
inspected the Catfish Creek Sanitary Intercep-
tor Sewer - Stream Bank Emergency Repair
Project, and that the Project has been com-
pleted in compliance with the terms of the Pub-
lic Improvement Contract, and that the total
cost of the completed work is $59,501.10.
Dated this 14th day of May.
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 14th
day of May.
/s/Kevin Firnstahl, City Clerk
22. Acceptance of NW Arterial and Plaza
Drive Mastarm Replacement Project: City
Manager recommending acceptance of the
public improvement construction contract for
the NW Arterial & Plaza Drive Mastarm Re-
placement Project, as completed by Voltmer,
Inc. Upon motion the documents were re-
ceived and filed, and Resolution No. 182-19
Accepting the NW Arterial and Plaza Drive
Mastarm Replacement Project and Authorizing
the final payment to the contractor was adopt-
ed.
RESOLUTION NO. 182-19
ACCEPTING THE NW ARTERIAL & PLAZA
DRIVE MASTARM REPLACEMENT PRO-
JECT AND AUTHORIZING THE FINAL
PAYMENT TO THE CONTRACTOR
Whereas, the public improvement contract
for the NW Arterial & Plaza Drive Mastarm
Replacement Project (the Project) has been
completed by the Contractor, Voltmer, Inc. of
Decorah, IA (Contractor), and the City Engi-
neer has examined the work and signed a
certificate stating that the Project has been
completed according to the terms of the Public
Improvement Contract and that the City Engi-
neer recommends that the Project be accept-
ed; and
Whereas, the final contract amount for the
Project is $37,634.35; and
Whereas, the Contractor has previously
been paid $35,752.53, leaving a balance of
$1,881.72; and
Whereas, the City Council finds that the
recommendation of the City Engineer should
be accepted.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The recommendation of the City
Engineer is approved, and the Project is here-
by accepted.
Section 2. The Finance Director is hereby
directed to pay to the Contractor from the
Street Light and Signal Knockdown CIP ap-
propriations for the contract amount of
$37,634.35 less any retained percentage pro-
vided for therein as provided in Iowa Code.
Section 3. The Finance Director is hereby
directed to pay to the Contractor the balance
of the retainage of $1,881.72 as provided in
Iowa Code chapter 573, and to pay such re-
tainage in accordance with the provisions of
Iowa Code chapter 573 or Iowa Code chapter
26.13.
Passed, approved, and adopted this 20th
day of May 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL
COMPLETION OF THE NW ARTERIAL AND
PLAZA DRIVE MASTARM REPLACEMENT
PROJECT
The undersigned City Engineer of the City
of Dubuque, Iowa, hereby certifies that he has
inspected the NW Arterial & Plaza Drive Mas-
tarm Replacement Project, and that the Project
has been completed in compliance with the
terms of the Public Improvement Contract, and
that the total cost of the completed work is
$57,747.35.
185 Regular Session May 20, 2019 Book 149
Dated this 14th day of May 2019.
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 14 th
day of May 2019.
/s/Kevin Firnstahl, City Clerk
23. Acceptance of Millwork District Parking
Lot #2: City Manager recommending ac-
ceptance of the construction contract for the
Millwork District Parking Lot #2 Project, as
completed by Drew Cook & Sons Excavating,
Co. Upon motion the documents were re-
ceived and filed, and Resolution No. 183-19
Accepting the Millwork District Parking Lot #2
and authorizing the final payment to the con-
tractor was adopted.
RESOLUTION NO. 183-19
ACCEPTING THE MILLWORK DISTRICT
PARKING LOT #2 AND AUTHORIZING THE
FINAL PAYMENT TO THE CONTRACTOR
Whereas, the public improvement contract
for the Millwork District Parking Lot #2 (the
Project) has been completed by the Contrac-
tor, Drew Cook & Sons Excavating, Co., Inc. of
Dubuque, IA (Contractor), and the City Engi-
neer has examined the work and signed a
certificate stating that the Project has been
completed according to the terms of the Public
Improvement Contract and that the City Engi-
neer recommends that the Project be accept-
ed; and
Whereas, the final contract amount for the
Project is $427,307.86; and
Whereas, the Contractor has previously
been paid $418,762.22, leaving a balance of
$8,545.64; and
Whereas, the City Council finds that the
recommendation of the City Engineer should
be accepted.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The recommendation of the City
Engineer is approved, and the Project is here-
by accepted.
Section 2. The Finance Director is hereby
directed to pay to the Contractor from the Mill-
work District Parking Improvements CIP ap-
propriations for the contract amount of
$427,307.86 less any retained percentage
provided for therein as provided in Iowa Code.
Section 2. The Finance Director is hereby
directed to pay to the Contractor the balance
of the retainage of $8,545.64 as provided in
Iowa Code chapter 573, and to pay such re-
tainage in accordance with the provisions of
Iowa Code chapter 573 or Iowa Code chapter
26.13.
Passed, approved, and adopted this 20th
day of May 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL
COMPLETION OF THE MILLWORK DIS-
TRICT PARKING LOT #2 PROJECT
The undersigned City Engineer of the City
of Dubuque, Iowa, hereby certifies that he has
inspected the Millwork District Parking Lot #2,
and that the Project has been completed in
compliance with the terms of the Public Im-
provement Contract, and that the total cost of
the completed work is $459,031.65.
Dated this 14th day of May 2019.
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 14th
day of May 2019.
/s/Kevin S. Firnstahl, City Clerk
24. Temporary Seasonal Interns - Project
Management and Water Resources: City
Manager recommending authorization to hire
two additional temporary seasonal interns for
the summer of 2019 (May through August) to
assist the Project Manager Steve Brown and
Civil Engineer Deron Muehring with several
active projects. Upon motion the documents
were received, filed and approved.
25. Signed Contract (s): Dubuque Main
Street Advertising Contract with Jule Transit
for 2019-2021. Upon motion the documents
were received and filed.
26. Tobacco Compliance Civil Penalty for
Tobacco License Holder – Hartig Drug: City
Manager recommending approval of the
Acknowledgement/Settlement Agreement for a
tobacco compliance violation for Hartig Drug
#2, 157 Locust Street. Upon motion the docu-
ments were received, filed and approved.
27. Alcohol and Tobacco License Applica-
tions: City Manager recommending approval of
annual liquor, beer, wine and tobacco license
applications as submitted. Upon motion the
documents were received and filed, and Reso-
lution No. 184-19 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; and Resolution No.
185-19 Approving applications for retail ciga-
rette/tobacco sales/nicotine/vapor permits, as
required by Iowa Code Chapter 453A.47A
were adopted.
RESOLUTION NO. 184-19
APPROVING APPLICATIONS FOR RETAIL
CIGARETTE / TOBACCO SALES / NICO-
TINE / VAPOR PERMITS, AS REQUIRED BY
IOWA CODE 453A.47A
Whereas, applications for Cigarette / To-
bacco Sales have been submitted and filed
186 Regular Session May 20, 2019 Book 149
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 oth-
erwise 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 author-
ized and directed to cause to be issued the
following named applicants and locations for
cigarette/tobacco sales permit.
Business Name, Business Address
Beecher Liquor, 1691 Asbury Rd.
BP Fuel, 1450 Loras Blvd.
Casey's General Store #2420, 2699 Rockdale
Rd.
Casey's General Store #2421, 4003 Peru Rd.
Casey's General Store #3473, 1072 Cedar
Cross Rd.
CDs 4 Change, 3305 Asbury Rd. #2
Dollar General Store #10074, 2440 Gateway
Dr.
Dollar General Store #6896, 605 West Locust
St.
Dollar General Store #7289, 3250 Kennedy
Cir. Ste. 8
Dubuque Mining Co., 555 J.F. Kennedy Rd.
#600
Eagle Country Market, 1800 Elm St.
Family Dollar #21599, 2013 Central Ave. #4
Fas Mart #5159, 2175 Central Ave.
Hammerheads Bar and Billiards, 2095 Kerper
Blvd. Suite #2
Hartig Drug #2, 157 Locust St.
Hartig Drug #3, 2255 J.F. Kennedy Rd.
Hartig Drug #4, 2225 Central Ave.
Hartig Drug #8, 1600 University Ave.
Hy-Vee Food C Store #1, 3270 Dodge St.
Hy-Vee Food Store #3, 400 S. Locust St.
Hy-Vee Food Store #1, 3500 Dodge St.
Hy-Vee Food Store #2, 2395 N.W. Arterial
Hy-Vee Gas #2, 2435 N.W. Arterial
Hy-Vee Gas #3, 300 South Locust St.
Hy-Vee Wine & Spirits #1, 3500 Dodge St.
Iowa Street Market, 1256 Iowa St.
Kwik Star #236, 2035 J.F. Kennedy Rd.
Kwik Star #495, 2685 Dodge St.
Kwik Stop #300, 1215 E. 16th St.
Kwik Stop #325, 1210 E. 16th St.
Kwik Stop #48, 3201 Central Ave.
Kwik Stop #58, 3340 J.F. Kennedy Rd.
Kwik Stop #72, 2255 Kerper Blvd.
Kwik Stop #74, 2360 Central Ave.
Kwik Stop #76, 2320 Gateway Dr.
Kwik Stop #78, 4039 Pennsylvania Ave.
Kwik Stop #84, 2335 University Ave.
Kwik Stop #86, 2150 Twin Valley Dr.
Liquor Tobacco & Gas, 1401 Central Ave.
Liquor Tobacco & Grocery, 1998 Jackson St.
Locust Tobacco and Liquor, 408 W. Locust St.
Moondog Music, 806 Wacker Dr. #120
North Side Liquor and Tobacco, 2013 Central
Ave. #1
Oky Doky #1, 250 West 1st St.
Oky Doky #8, 535 Hill St.
Paro Food Mart, 3200 Central Ave.
Phillips 66/Arby's, 10 South Main St.
Q Casino, 1855 Greyhound Park Dr.
Ron's 5 Point Mart, 405 Rhomberg Ave.
Ron’s Discount Smokes and Beverage Center,
3300 Asbury Rd.
Sam's Club #4973, 4400 Asbury Rd.
Spencer Gifts, LLC, 555 J.F. Kennedy Rd.
Super Stop #2, 700 Rhomberg Ave.
Super Stop III, 1101 Rhomberg Ave.
The Altered State, 1523 Central Ave.
The Great Vape, 3250 Central Ave.
The Konnexion, 1099 University Ave.
Tobacco Outlet Plus #504, 806 Wacker Dr.
Suite 140
Vapor City Outlet, 3330 Asbury Rd.
Walgreens #11942, 345 East 20th St.
Walgreens #6154, 2260 J.F. Kennedy Rd.
Walgreens #9708, 55 J.F. Kennedy Rd.
Wal-Mart Supercenter # 2004, 4200 Dodge St.
Walnut Tap, 709 University Ave.
Passed, approved, and adopted this 20th
day of May, 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 185-19
APPROVING APPLICATIONS FOR BEER,
LIQUOR, AND/OR WINE PERMITS, AS RE-
QUIRED BY CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 4 BUSINESS AND LI-
CENSE REGULATIONS, CHAPTER 2 LIQ-
UOR CONTROL, ARTICLE B LIQUOR,
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 re-
quirements 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 author-
ized and directed to cause to be issued the
noted permit types to the following applicants
pending submission of the locally required
documentation:
Renewals
Days Inn & Spirits Bar & Grill, 1111 Dodge St.,
Class B Liquor (Outdoor) (Sunday)
Easy Street, 30 Main St., Class C Liquor (Out-
door) (Sunday)
187 Regular Session May 20, 2019 Book 149
Jack's Lounge, 1113 Main St., Class C Liquor
(Sunday)
Riggs Bar and Grill, 2010 Kerper Blvd., Class
C Liquor (Outdoor) (Sunday)
Shot Tower Inn, 390 Locust St., Class C Liq-
uor (Sunday)
Tobacco Outlet Plus #504, 806 Wacker Dr.
Ste. 140, Class C Beer, Class B Native Wine
(Sunday)
8 Month License
Port of Dubuque Marina, 450 East 3rd St.,
Class B Beer, Class B Native Wine (Out-
door) (Sunday)
Special Event(s) per Special Event Application
Submittal
Catfish Charlies, 5/30 and 8/1, 1630 East 16th
St., Class B Beer (Outdoor)
The Clubhouse, 2364 Washington St, Adding
Sunday Sales for one-time event
Brazen Farm to Table Urban BBQ 6/2, East
10th Street from Washington St. to Jackson
St., Class C Liquor (Sunday)
Passed, approved, and adopted this 20th
day of May 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
ITEMS SET FOR PUBLIC HEARING
Motion by Resnick to receive and file the
documents, adopt the resolutions, set the pub-
lic hearings as indicated, and direct the City
Clerk to publish notice as prescribed by law.
Seconded by Shaw. Motion carried 7-0.
1. Residential Parking Permit District H
Amendment - Key Way Drive: City Manager
recommending that the City Council set a pub-
lic hearing for June 3, 2019, on the proposed
Amendment to Residential Parking Permit
District H to add Key Way Drive, both sides,
from Pennsylvania Avenue to Keymont Drive
with current day/time parking restrictions being
assumed for this addition. Upon motion the
documents were received and filed, and Reso-
lution No. 186-19 Setting a public hearing on
amending Residential Parking Permit District H
to include Key Way Drive from Pennsylvania
Avenue to Keymont Drive was adopted setting
a public hearing for a meeting to commence at
6:00 p.m. on June 3, 2019 in the Historic Fed-
eral Building.
RESOLUTION NO. 186-19
SETTING A PUBLIC HEARING ON AMEND-
ING RESIDENTIAL PARKING PERMIT DIS-
TRICT H TO INCLUDE KEY WAY DRIVE
FROM PENNSYLVANIA AVENUE TO
KEYMONT DRIVE
Whereas, the City of Dubuque, pursuant to
Ordinance 9-14-321.740 of the Code of Ordi-
nances, has received a petition containing
sufficient signatures requesting that the area
described as follows be included in Residential
Parking Permit District H:
Key Way Drive between Pennsylvania
Avenue and Keymont Drive; and
Whereas, the City Manager, in accordance
with Ordinance 9-14-321.740 recommends
that Residential Parking Permit District H be
amended to include such areas and that the
City Council set a public hearing on the re-
quest to amend Residential Parking Permit
District H.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council finds and
determines that the request from petitioner is
valid for Key Way Drive, in Residential Parking
Permit District H.
Section 2. That the City Clerk be author-
ized and directed to publish a notice of public
hearing on amending Residential Parking
Permit District H, to be held on June 3, 2019.
Passed, approved, and adopted this 20th
day of May 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Central Avenue (9th - 21st Streets) HMA
Pavement Resurfacing Project – Initiate: City
Manager recommending initiation of the public
bidding procedure for the Hot Mix Asphalt
(HMA) Pavement Milling and Resurfacing Pro-
ject on Central Avenue from 9th to 21st Street,
and further recommends that a public hearing
be set for June 3, 2019. Upon motion the doc-
uments were received and filed, and Resolu-
tion No. 187-19 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 advertisement for bids
was adopted setting a public hearing for a
meeting to commence at 6:00 p.m. on Juned
3, 2019 in the Historic Federal Building.
RESOLUTION NO. 187-19
CENTRAL AVENUE (9TH - 21ST) HMA
PAVEMENT RESURFACING PROJECT
PRELIMINARY APPROVAL OF PLANS,
SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST; SETTING DATE
OF PUBLIC HEARING ON PLANS, SPECI-
FICATIONS, 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, specifica-
tions, form of contract and estimated cost for
the Central Avenue (9th - 21st) HMA Pavement
Resurfacing Project in the estimated amount
$1,361,839.00, are hereby preliminarily ap-
188 Regular Session May 20, 2019 Book 149
proved and ordered filed in the office of the
City Clerk for public inspection.
Section 2. A public hearing will be held on
the 3rd day of June 2019, at 6:00 p.m. in the
Historic Federal Building Council Chambers
(second floor) 350 W. 6th Street, Dubuque,
Iowa, at which time interested persons may
appear and be heard for or against the pro-
posed plans and specifications, form of con-
tract and estimated cost of said Project, and
the City Clerk be and is hereby directed to
cause the attached notice of the time and
place of such hearing to be published in a
newspaper having general circulation in the
City of Dubuque, Iowa, which notice shall be
published not less than four days nor more
than twenty days prior to the date of such
hearing. At the hearing, any interested person
may appear and file objections to the proposed
plans, specifications, form of contract, or esti-
mated cost of the Project.
Section 3. The Central Avenue (9th - 21st)
HMA Pavement Resurfacing Project is hereby
ordered to be advertised for bids for construc-
tion.
Section 4. The amount of the security to
accompany each bid shall be in an amount
which shall conform to the provisions of the
Notice to Bidders hereby approved.
Section 5. The City Clerk is hereby di-
rected to advertise for bids for the construction
of the improvements herein provided, by pub-
lishing the Notice to Bidders to be published
on the City of Dubuque website and a contrac-
tor plan room service with statewide circula-
tion, which notice shall be published not less
than thirteen but not more than forty-five days
before the date for filing bids before 2:00 p.m.
on the 6th day of June 2019. Bids shall be
opened and read by the City Clerk at said time
and will be submitted to the City Council for
final action at 6:00 p.m. on the 17th day of June
2019, in the Historic Federal Building Council
Chambers (second floor), 350 West 6th Street,
Dubuque, Iowa.
Passed, adopted, and approved this 20th
day of May 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. 2019 Pavement Marking Project – Initi-
ate: City Manager recommending initiation of
the public bidding procedure for the 2019
Pavement Marking Project, and further rec-
ommends that a public hearing be set for June
3, 2019. Upon motion the documents were
received and filed, and Resolution No. 188-19
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 or-
dering the advertisement for bids was adopted
setting a public hearing for a meeting to com-
mence at 6:00 p.m. on June 3, 2019 in the
Historic Federal Building.
RESOLUTION NO. 188-19
2019 PAVEMENT MARKING PROJECT
PRELIMINARY APPROVAL OF PLANS,
SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST; SETTING DATE
OF PUBLIC HEARING ON PLANS, SPECI-
FICATIONS, 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, specifica-
tions, form of contract and estimated cost for
the 2018 Pavement Marking Project in the
estimated amount $115,000.00, are hereby
preliminarily approved and ordered filed in the
office of the City Clerk for public inspection.
Section 2. A public hearing will be held on
the 3rd day of June, 2019, at 6:00 p.m. in the
Historic Federal Building Council Chambers
(second floor) 350 W. 6th Street, Dubuque,
Iowa, at which time interested persons may
appear and be heard for or against the pro-
posed plans and specifications, form of con-
tract and estimated cost of said Project, and
the City Clerk be and is hereby directed to
cause the attached notice of the time and
place of such hearing to be published in a
newspaper having general circulation in the
City of Dubuque, Iowa, which notice shall be
published not less than four days nor more
than twenty days prior to the date of such
hearing. At the hearing, any interested person
may appear and file objections to the proposed
plans, specifications, form of contract, or esti-
mated cost of the Project.
Section 3. The 2019 Pavement Marking
Project is hereby ordered to be advertised for
bids for construction.
Section 4. The amount of the security to
accompany each bid shall be in an amount
which shall conform to the provisions of the
Notice to Bidders hereby approved.
Section 5. The City Engineer is hereby di-
rected to advertise for bids for the construction
of the improvements herein provided, by pub-
lishing the Notice to Bidders to be published
on the City of Dubuque website and a contrac-
tor plan room service with statewide circula-
tion, which notice shall be published not less
than thirteen but not more than forty-five days
before the date for filing bids before 2:00 p.m.
on the 6th day of June, 2019. Bids shall be
opened and read by the City Clerk at said time
and will be submitted to the City Council for
final action at 6:00 p.m. on the 17th day of June
2019, in the Historic Federal Building Council
Chambers (second floor), 350 West 6th Street,
Dubuque, Iowa.
189 Regular Session May 20, 2019 Book 149
Passed, adopted, and approved the 20th
day of May 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 ap-
pointments will be made at the next City
Council meeting.
1. Human Rights Commission: One, 3-
Year term through January 1, 2021 (Vacant
term of Melchert). Applicants: Dan Chatfield,
2780 Pennsylvania Ave.; Michael Durnin, 3560
Pennsylvania Ave.; Jason Keeler, 3259 Ar-
rowwood Ln.; Samuel Wright, 508 West Locust
St. Mr. Durnin and Mr. Keeler each spoke in
support of their respective appointments and
provided brief biographies.
PUBLIC HEARINGS
1. Request to Rezone - SWAD, LLC /
Portzen for property west of English Mill Rd.
and south of Southwest Arterial: Proof of pub-
lication on notice of public hearing to consider
approval of a request from SWAD, LLC /
Portzen to rezone property west of English Mill
Road and south of Southwest Arterial from C-3
General Commercial to PUD Planned Unit
Development, and the Zoning Advisory Com-
mission recommending approval subject to a
100% opaque screening requirement. Corre-
spondence from the Applicant requesting that
this item be removed from the agenda. Motion
by Jones to receive and file the documents
and accept the request to remove the item
from the agenda. Seconded by Resnick. Mo-
tion carried 7-0.
2. Sale of City-Owned Property at 1100
Roosevelt Street - Re-Setting of Public Hear-
ing: Proof of publication on notice of public
hearing to consider disposal of City-owned
property at 1100 Roosevelt Street to Dubuque
and Jackson County Habitat for Humanity that
includes a 21-year Restrictive Covenant as an
owner-occupied, single-family residential use.
City Manager recommending that this item be
rescheduled to June 3, 2019. Motion by Lar-
son to receive and file the documents and
adopt Resolution No. 140-B-19 Resolution of
Intent to dispose of an interest in City of Dubu-
que real estate, setting a time and place for
hearing and providing for the publication of
notice thereof re-setting the public hearing for
meeting to commence on June 3, 2019 in the
Historic Federal Building. Motion carried 7-0.
RESOLUTION NO. 140-B-19
INTENT TO DISPOSE OF AN INTEREST IN
CITY OF DUBUQUE REAL ESTATE, SET-
TING A TIME AND PLACE FOR HEARING
AND PROVIDING FOR THE PUBLICATION
OF NOTICE THEREOF
Whereas, the City of Dubuque, Iowa (City)
owns 1100 Roosevelt Street (the Property)
legally described as:
Lot 4 of Wersinger Subdivision in the
City of Dubuque, Iowa, according to the
recorded plat thereof; and
Whereas, the City acquired the Property by
petition as an abandoned property for the
purpose of its restoration and re-sale for owner-
occupied housing; and
Whereas, Dubuque and Jackson County
Habitat for Humanity will rehabilitate the property
and sell it to an income qualified household for
single family occupancy; and
Whereas, conveying the Property to
Dubuque and Jackson County Habitat for
Humanity is consistent with the City goal of
creating opportunities for affordable home
ownership; and
Whereas, the public hearing was originally
scheduled for May 6, 2019 was rescheduled for
further inspection of the property by City prior to
closing on the transaction; and
Whereas, a further extension of the
rescheduled public hearing of May 20, 2019 is
necessary to resolve issues discovered in the
follow-up inspection prior to closing.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. That the City Council shall con-
duct a public hearing on the proposed disposi-
tion of real estate in the City Council Cham-
bers at the Historic Federal Building, 350 W.
6th Street, Dubuque, Iowa on the 3rd day of
June 2019 beginning at 6:00 p.m.
Section 2. That the City Clerk be and is
hereby authorized and directed to re-publish
notice of the public hearing in the form at-
tached hereto, according to law.
Passed, approved, and adopted this 20th
day of May 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. Request to Rezone 2325 Garfield Ave-
nue: Proof of publication on notice of public
hearing to consider approval of a request from
Ace Construction to rezone property at 2325
Garfield Ave. from C-2 Neighborhood Shop-
ping Center to C-3 General Commercial Dis-
trict, and the Zoning Advisory Commission
recommending 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
190 Regular Session May 20, 2019 Book 149
it is to be passed be suspended. Seconded by
Del Toro. Phil Jensen, the attorney for Mr.
Michalakis, submitted a letter of support from
the adjacent property owner and responded to
questions from the City Council regarding con-
cerns with access to the property and ambient
noise generated by large equipment stating
that the current access has been historically
used and that most equipment is smaller and
would be stored inside thereby alleviating
noise concerns. Planning Services Manager
Laura Carstens provided a staff report and
staff works as a neutral facilitator in working
with the parties regarding appropriate and
compliant access and landscape screening,
etc. Motion carried 7-0.
Motion by Jones for final consideration and
passage of Ordinance No. 24-19 Amending
Title 16 of the City of Dubuque Code of Ordi-
nances, Unified Development Code, by reclas-
sifying hereinafter described property located
at 2325 Garfield Avenue from C-2 Neighbor-
hood Shopping Center District to C-3 General
Commercial District. Seconded by Shaw. Mo-
tion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 24-19
AMENDING TITLE 16 OF THE CITY OF
DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY RECLAS-
SIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED AT 2325 GARFIELD
AVENUE FROM C-2 NEIGHBORHOOD
SHOPPING CENTER DISTRICT TO C-3
GENERAL COMMERCIAL 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 Devel-
opment Code, is hereby amended by reclassi-
fying the hereinafter described property from
C-2 Neighborhood Shopping Center District to
C-3 General Commercial District, to wit:
Northwest part of Lots 193, 194, 195
and 196 Hams Addition, and to the
centerline of the adjoining public right-
of-way, all in the city of Dubuque, Iowa.
Section 2. The foregoing amendment has
heretofore been reviewed by the Zoning Advi-
sory Commission of the City of Dubuque, Io-
wa.
Section 3. This ordinance shall take effect
immediately upon publication, as provided by
law.
Passed, approved, and adopted this 20th
day of May 2019.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
Newspaper on the 24th day of May 2019.
/s/Kevin S. Firnstahl, City Clerk
4. Request to Amend ID Institutional Dis-
trict - University of Dubuque Student Wellness
Center: Proof of publication on notice of public
hearing to consider approval of a request from
the University of Dubuque to rezone property
at 1998 Grace St. from R-1 Single-Family Res-
idential to ID Institutional District and to amend
the University of Dubuque Institutional District
to allow a student Wellness Center, and the
Zoning Advisory Commission recommending
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 Resnick. Jim Stei-
ner, Director of Finance for the University of
Dubuque provided a description project. Plan-
ning Services Manager Laura Carstens pro-
vided a staff report. Motion carried 7-0.
Motion by Jones for final consideration and
passage of Ordinance No. 25-19 Amending
Title 16 of the City of Dubuque Code of Ordi-
nances, Unified Development Code, by provid-
ing for the rezoning of property at 1998 Grace
Street From R-1 Single-Family Residential to
ID Institutional District and approval of an
Amended Campus Development Plan for the
University of Dubuque to allow the construc-
tion of a Student Wellness Clinic. Seconded by
Resnick. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 25-19
AMENDING TITLE 16 OF THE CITY OF
DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY PROVID-
ING FOR THE REZONING OF PROPERTY
AT 1998 GRACE STREET FROM R-1 SIN-
GLE-FAMILY RESIDENTIAL TO ID INSTITU-
TIONAL DISTRICT AND APPROVAL OF AN
AMENDED CAMPUS DEVELOPMENT PLAN
FOR THE UNIVERSITY OF DUBUQUE TO
ALLOW THE CONSTRUCTION OF A STU-
DENT WELLNESS CLINIC
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 Devel-
opment Code, be amended by providing for
the rezoning of property at 1998 Grace Street
from R-1 Single-Family Residential to ID Insti-
tutional District and approval of an amended
campus development plan for the University of
Dubuque ID Institutional District, a copy of
which is on file with the City of Dubuque Plan-
ning Services Department.
Section 2. Institutional District Regulations.
A. Use Regulations
The following regulations shall apply
to all uses made of land in the above-
described ID Institutional District:
191 Regular Session May 20, 2019 Book 149
1. Principal permitted uses shall be
limited to:
a. Offices for administrative per-
sonnel or other institutional employ-
ees and affiliates.
b. Churches, libraries, and muse-
ums.
c. Classrooms, laboratories, lec-
ture halls, and similar places of insti-
tutional assembly.
d. Off-street parking and loading.
e. Recreational or athletic facilities
for the primary use and benefit of in-
stitutional residents or affiliates.
f. Single-family, two-family, or
multi-family dwellings for the housing
of institutional residents or affiliates.
2. Accessory Uses. The following
uses shall be permitted as accessory
uses in the above-described ID Institu-
tional District.
a. Located entirely within a princi-
pal building, bookstores, or bars seat-
ing not more than seventy-five (75)
persons at one time and located not
closer than two hundred feet (200’)
from the nearest Residential or Office
Residential District.
b. All uses customarily incidental
to the principal permitted uses in con-
junction with which such accessory
uses operated or maintained, but not
to include commercial use outside the
principal building.
3. No conditional uses shall be al-
lowed.
B. Lot and Bulk Regulations
Development of land in the ID Institu-
tional District shall be regulated as fol-
lows:
The proposed Student Wellness Clin-
ic shall be constructed in substantial con-
formance with the amended campus de-
velopment plan, a copy of which is on file
with the City of Dubuque Planning Ser-
vices Department.
C. Performance Standards
The development and maintenance of
uses in this ID Institutional District shall
be established in conformance with Sec-
tion 5-22 of the Unified Development
Code and the following standards:
1. The storm water control shall be
designed and built in accordance with
City Regulations subject to review and
approval by the City of Dubuque Engi-
neering Department.
2. That appropriate erosion and
sediment control will be installed prior
to commencement of any land disturb-
ing activity related to the subject pro-
ject, including all required state and city
permits related to erosion control.
3. New outdoor lighting shall utilize
72-degree cut-off luminaries.
4. Landscaping shall be provided in
compliance with Article 13 of the Uni-
fied Development Code.
5. All utilities, including telephone
and cable television, shall be installed
underground.
6. Final site plans shall be submit-
ted in accordance with Articles 12 and
13 of the Unified Development Code.
D. Parking Requirements
The off-street parking requirements
for the principal permitted uses for the
herein described ID Institutional District
shall be regulated as follows.
Any significant expansion or reduction in
the number of off-street parking spaces
must be reviewed by Planning Services
staff for compliance with the adopted In-
stitutional District regulations.
E. Sign Regulations
The sign regulations shall be the
same as that which are allowed in the ID
Institutional District as established in Arti-
cle 15 of the Unified Development Code.
F. Additional Standards
That all previously approved campus
development plans are hereby amended
to allow for the attached campus devel-
opment plan.
G. Transfer of Ownership
Transfer of ownership of property in
this ID Institutional District requires re-
zoning of the property to an appropriate
zoning district.
H. Modifications
Any modifications of this Ordinance
must be approved by the City Council in
accordance with zoning reclassification
proceedings of Article 9 of the Unified
Development Code.
Section 3. The foregoing amendment has
heretofore been reviewed by the Zoning Advi-
sory Commission of the City of Dubuque, Io-
wa.
Section 4. The foregoing amendment shall
take effect upon publication, as provided by
law.
Passed, approved and adopted this 20th
day of May 2019.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 24th day of May 2019.
/s/Kevin S. Firnstahl, City Clerk
5. Request to Amend ID Institutional Dis-
trict - University of Dubuque Welcome Center:
Proof of publication for notice of public hearing
to consider a request from University of Dubu-
que to amend the University of Dubuque ID
Institutional District to allow the construction of
192 Regular Session May 20, 2019 Book 149
a Welcome Center addition to the Meyers
Building at 2120 Grace Street, and the Zoning
Advisory Commission recommending approv-
al. 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. Jim Stei-
ner, Finance Director for the University of
Dubuque, provided a description of the project.
Planning Services Manager Laura Carstens
provided a staff report. Motion carried 7-0.
Motion by Larson for final consideration
and passage of Ordinance No. 26-19 Amend-
ing Title 16 of the City of Dubuque Code of
Ordinances, Unified Development Code, by
providing for the approval of an Amended
Campus Development Plan for the University
of Dubuque to allow construction of a Wel-
come Center Addition. Seconded by Del Toro.
Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 26-19
AMENDING TITLE 16 OF THE CITY OF
DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY PROVID-
ING FOR THE APPROVAL OF AN AMEND-
ED CAMPUS DEVELOPMENT PLAN FOR
THE UNIVERSITY OF DUBUQUE TO AL-
LOW CONSTRUCTION OF A WELCOME
CENTER ADDITION
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 Devel-
opment Code, be amended by providing for
the approval of an amended campus devel-
opment plan for the University of Dubuque ID
Institutional District, a copy of which is on file
with the City of Dubuque Planning Services
Department.
Section 2. Institutional District Regula-
tions.
A. Use Regulations
The following regulations shall apply
to all uses made of land in the above -
described ID Institutional District:
1. Principal permitted uses shall be
limited to:
a. Offices for administrative per-
sonnel or other institutional employ-
ees and affiliates.
b. Churches, libraries, and muse-
ums.
c. Classrooms, laboratories, lec-
ture halls, and similar places of insti-
tutional assembly.
d. Off-street parking and loading.
e. Recreational or athletic facilities
for the primary use and benefit of in-
stitutional residents or affiliates.
f. Single-family, two-family or mul-
ti-family dwellings for the housing of
institutional residents or affiliates.
2. Accessory Uses. The following
uses shall be permitted as accessory
uses in the above-described ID Institu-
tional District.
a. Located entirely within a princi-
pal building, bookstores, or bars seat-
ing not more than seventy-five (75)
persons at one time and located not
closer than two hundred feet (200’)
from the nearest Residential or Office
Residential District.
b. All uses customarily incidental
to the principal permitted uses in con-
junction with which such accessory
uses operated or maintained, but not
to include commercial use outside the
principal building.
3. No conditional uses shall be al-
lowed.
B. Lot and Bulk Regulations
Development of land in the ID Institu-
tional District shall be regulated as follows:
The proposed Welcome Center addi-
tion shall be constructed in substantial con-
formance with the attached amended cam-
pus development plan, a copy of which is
on file with the City of Dubuque Planning
Services Department.
C. Performance Standards
The development and maintenance of
uses in this ID Institutional District shall be
established in conformance with Section 5-
22 of the Unified Development Code and
the following standards:
1. The storm water control shall be
designed and built in accordance with
City Regulations subject to review and
approval by the City of Dubuque Engi-
neering Department.
2. That appropriate erosion and
sediment control will be installed prior
to commencement of any land disturb-
ing activity related to the subject pro-
ject, including all required state and city
permits related to erosion control.
3. New outdoor lighting shall utilize
72-degree cut-off luminaries.
4. Landscaping shall be provided in
compliance with Article 13 of the Uni-
fied Development Code.
5. All utilities, including telephone
and cable television, shall be installed
underground.
6. Final site plans shall be submit-
ted in accordance with Articles 12 and
13 of the Unified Development Code.
D. Parking Requirements
193 Regular Session May 20, 2019 Book 149
The off-street parking requirements for
the principal permitted uses for the herein
described ID Institutional District shall be
regulated as follows.
Any significant expansion or reduction
in the number of off-street parking spaces
must be reviewed by Planning Services
staff for compliance with the adopted Insti-
tutional District regulations.
E. Sign Regulations
The sign regulations shall be the same
as that which are allowed in the ID Institu-
tional District as established in Article 15 of
the Unified Development Code.
F. Additional Standards
That all previously approved campus
development plans are hereby amended to
allow for the attached campus develop-
ment plan.
G. Transfer of Ownership
Transfer of ownership of property in
this ID Institutional District requires rezon-
ing of the property to an appropriate zoning
district.
H. Modifications
Any modifications of this Ordinance
must be approved by the City Council in
accordance with zoning reclassification
proceedings of Article 9 of the Unified De-
velopment Code.
Section 3. The foregoing amendment has
heretofore been reviewed by the Zoning Advi-
sory Commission of the City of Dubuque, Io-
wa.
Section 4. The foregoing amendment shall
take effect upon publication, as provided by
law.
Passed, approved, and adopted this 20th
day of May 2019.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 24th day of May 2019.
/s/Kevin S. Firnstahl, City Clerk
6. Steeple Square, LLC (SS Event Center,
LLC) Request to Vacate Alley between Jack-
son and White Streets (from E. 15th to E. 16th
Streets): Proof of publication on notice of pub-
lic hearing to consider a request from Steeple
Square LLC (SS Event Center, LLC) to vacate
the public alley between Jackson and White
Streets from E. 15th to E. 16th Streets, and the
City Manager recommending approval. Motion
by Resnick to receive and file the documents
and adopt Resolution No. 189-19 Vacating the
alley between Jackson St. and White St. from
E. Sixteenth St. to E. Fifteenth St., described
as City Lot 484-A in the City of Dubuque, Iowa;
and Resolution No. 190-19 Disposing of City
Interest in City Lot 484-A, in the City of Dubu-
que, Iowa. Seconded by Jones. Motion carried
7-0.
RESOLUTION NO. 189-19
VACATING THE ALLEY BETWEEN JACK-
SON ST. AND WHITE ST., FROM E. SIX-
TEENTH ST. TO E. FIFTEENTH ST., DE-
SCRIBED AS CITY LOT 484-A, IN THE CITY
OF DUBUQUE, IOWA
Whereas, SS Event Center, LLC has re-
quested the vacating of the Alley between
Jackson St. and White St., from E. Sixteenth
St. to E. Fifteenth St.; and
Whereas, there has been presented to the
City Council of the City of Dubuque, Iowa, a
plat dated February 5, 2019, prepared by
Buesing and Associates, Inc., describing the
proposed vacated alley right of way, in the City
of Dubuque, Iowa; and
Whereas, pursuant to resolution and pub-
lished notice of time and place of hearing, pub-
lished in the Telegraph Herald, a newspaper of
general circulation published in the City of
Dubuque, Iowa on the 10th day of May 2019,
the City Council of the City of Dubuque, Iowa
met on the 20th day of May, 2019, at 6:00 p.m.
in the Historic Federal Building Council Cham-
bers (second floor), 350 West 6th Street,
Dubuque, Dubuque County, Iowa to consider
the request to vacate; and
Whereas, the City Council of the City of
Dubuque, Iowa overruled any and all objec-
tions, oral or written to the request to vacate;
and
Whereas, the City Council of the City of
Dubuque, Iowa, has determined that the pro-
posed vacated Alley between Jackson St. and
White St., from E. Sixteenth St. to E. Fifteenth
St., described as City Lot 484-A, in the City of
Dubuque, Iowa, should be approved.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the real estate described
as City Lot 484-A, in the City of Dubuque, Io-
wa, be and the same is hereby vacated.
Passed, approved, and adopted this 20th
day of May 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 190-19
DISPOSING OF CITY INTEREST IN CITY
LOT 484-A, IN THE CITY OF DUBUQUE,
IOWA
Whereas, pursuant to resolution and pub-
lished notice of time and place of hearing, pub-
lished in the Telegraph Herald, a newspaper of
general circulation published in the City of
Dubuque, Iowa on the 10th day of May, 2019,
the City Council of the City of Dubuque, Iowa
met on the 20th day of May, 2019, at 6:00 p.m.
in the Historic Federal Building Council Cham-
bers (second floor), 350 West 6th Street,
Dubuque, Dubuque County, Iowa to consider
194 Regular Session May 20, 2019 Book 149
the proposal for the sale of real estate de-
scribed as:
City Lot 484-A, in the City of Dubuque,
Iowa; and
Whereas, the City Council of the City of
Dubuque, Iowa overruled any and all objec-
tions, oral or written to the proposal to sell
such real estate.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the conveyance of City of
Dubuque real property described as City Lot
484-A, in the City of Dubuque, Iowa, to SS
Event Center, LLC be and the same is hereby
approved. Conveyance shall be by Quit Claim
Deed.
Section 2. That the Mayor be authorized
and directed to execute a Quit Claim Deed,
and the City Clerk be and is hereby authorized
and directed to deliver said deed of convey-
ance to SS Event Center, LLC.
Section 3. That the City Clerk be and is
hereby authorized and directed to record a
certified copy of this resolution in the offices of
the City Assessor, Dubuque County Recorder
and Dubuque County Auditor.
Passed, approved, and adopted this 20th
day of May 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
7. Water Revenue Capital Loan Notes
(State Revolving Loan Funds) Construction
Loan Application for Roosevelt Water Tower:
Proof of publication on notice of public hearing
to consider approval of the suggested pro-
ceedings for the issuance of a not-to-exceed
$4,400,000 Water Revenue Capital Loan
Notes State Revolving Funds, the proceeds of
which will be used to fund the construction of
the Roosevelt Water Tower project. And the
City Manager recommending approval. Motion
by Jones to receive and file the documents
and adopt Resolution No. 191-19 Instituting
Proceedings to take additional action for the
authorization of a Loan and Disbursement
Agreement and the issuance of not-to-exceed
$4,400,000 Water Revenue Capital Loan
Notes. Seconded by Larson. Motion carried 7-
0.
RESOLUTION NO. 191-19
INSTITUTING PROCEEDINGS TO TAKE
ADDITIONAL ACTION FOR THE AUTHORI-
ZATION OF A LOAN AND DISBURSEMENT
AGREEMENT AND THE ISSUANCE OF NOT
TO EXCEED $4,400,000 WATER REVENUE
CAPITAL LOAN NOTES
Whereas, pursuant to notice published as
required by law, this Council has held a public
meeting and hearing upon the proposal to in-
stitute proceedings for the authorization of a
Loan and Disbursement Agreement by and
between the City and the Iowa Finance Au-
thority, and the issuance to the Iowa Finance
Authority of not to exceed $4,400,000 Water
Revenue Capital Loan Notes to evidence the
obligations of the City under said Loan and
Disbursement Agreement, for the purpose of
paying costs of acquisition, construction, re-
construction, extending, remodeling, improv-
ing, repairing and equipping all or part of the
Municipal Water Utility, 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 pro-
ject; and refunding the Water Revenue Capital
Loan Notes Anticipation Project Note, Series
2017, dated September 22, 2017, and has
considered the extent of objections received
from residents or property owners as to said
proposal and, accordingly the following action
is now considered to be in the best interests of
the City and residents thereof:
NOW, THEREFORE, BE IT RESOLVED
BY THE City Council OF THE City of Dubu-
que, STATE OF IOWA:
Section 1. That this Council does hereby
institute proceedings and takes additional ac-
tion for the authorization of a Loan and Dis-
bursement Agreement by and between the
City and the Iowa Finance Authority, and the
issuance to the Iowa Finance Authority in the
manner required by law of not to exceed
$4,400,000 Water Revenue Capital Loan
Notes for the foregoing purpose.
Section 2. That this Council does hereby
consent to the terms and conditions of the
DWSRF Loan Program, which terms and con-
ditions and the disclosures provided with re-
spect thereto are hereby acknowledged, ac-
cepted and approved.
Section 3. That the Clerk, with the assis-
tance of the City Attorney and bond counsel, is
hereby authorized and directed to proceed
with the preparation of such documents and
proceedings as shall be necessary to author-
ize the City's participation in the DWSRF Loan
Program, to select a suitable date for final
Council authorization of the required Loan and
Disbursement Agreement and issuance of the
Note to evidence the City's obligations there-
under, and to take such other actions as the
Clerk shall deem necessary to permit the
completion of a loan on a basis favorable to
the City and acceptable to this Council.
Section 4. This Resolution shall serve as a
declaration of official intent under Treasury
Regulation 1.150-2 and shall be maintained on
file as a public record of such intent. It is rea-
sonably expected that Water fund moneys
may be advanced from time to time for capital
expenditures which are to be paid from the
proceeds of the above loan agreement. The
195 Regular Session May 20, 2019 Book 149
amounts so advanced shall be reimbursed
from the proceeds of the Loan Agreement not
later than eighteen months after the initial
payment of the capital expenditures or eight-
een months after the property is placed in ser-
vice. Such advancements shall not exceed the
loan amount authorized in this Resolution un-
less the same are for preliminary expenditures
or unless another declaration of intention is
adopted.
Passed and approved this 20th day of May
2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
8. Marquette Hall - Development Agree-
ment for 2222 Queen Street: Proof of publica-
tion on notice of public hearing to consider
approval of a Development Agreement be-
tween the City of Dubuque and Marquette Hall,
LLC for the redevelopment of the former Sa-
cred Heart Parish School located at 2222
Queen Street, and the City Manager recom-
mending approval. Motion by Resnick to re-
ceive and file the documents and adopt Reso-
lution No. 192-19 Approving a Development
Agreement by and between the City of Dubu-
que, Iowa and Marquette Hall, LLC providing
for the issuance of Urban Renewal Tax Incre-
ment Revenue Obligations for the redevelop-
ment of 2222 Queen Street. Seconded by
Jones. Motion carried 7-0.
RESOLUTION NO. 192-19
APPROVING A DEVELOPMENT AGREE-
MENT BY AND BETWEEN THE CITY OF
DUBUQUE, IOWA AND MARQUETTE HALL,
LLC PROVIDING FOR THE ISSUANCE OF
URBAN RENEWAL TAX INCREMENT REV-
ENUE OBLIGATIONS FOR THE REDEVEL-
OPMENT OF 2222 QUEEN STREET
Whereas, the City Council, by Resolution
No. 163-19, dated May 6, 2019, declared its
intent to enter into a Development Agreement
with Marquette Hall, LLC for the redevelop-
ment of 2222 Queen Street in the City of
Dubuque, Iowa (the Property); and
Whereas, pursuant to published notice, a
public hearing was held on the proposed dis-
position on May 2, 2016 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 Marquette Hall, LLC according to the terms
and conditions set out in the Development
Agreement is in the public interest of the City
of Dubuque.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Development Agree-
ment by and between the City of Dubuque and
Marquette Hall, LLC, a copy of which is at-
tached hereto, including the issuance of urban
renewal tax increment revenue obligations, is
hereby approved.
Section 2. That the Mayor is hereby au-
thorized and directed to execute the Develop-
ment Agreement on behalf of the City of
Dubuque and the City Clerk is authorized and
directed to attest to his signature.
Section 3. That the City Manager is author-
ized to take such actions as are necessary to
comply with the terms of the Development
Agreement as herein approved.
Passed, approved, and adopted this 20th
day of May 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
ACTION ITEMS
1. Five Flags Civic Center Phase 2A Con-
sultant Services Agreement: City Manager
recommending approval of an agreement with
Convention, Sports and Leisure International
(CSL) to complete additional work on potential
design options for the Five Flags Civic Center.
Motion by Jones to receive and file the docu-
ments and approve the recommendation. Se-
conded by Larson. City Council had discussion
around the need for an additional study or not,
establishing a cap on project costs, projecting
a specific timeline for a bond referendum and
ballot language, and final decision on design
option. Motion carried 4-3 with Rios, Shaw and
Del Toro voting nay.
2. Proceedings to Amend the 2009 Sewer
Capital Loan Notes (State Revolving Fund
Loan) for a Rate Reset (Refinancing) - West
32nd Street Stormwater Detention Basin Pro-
ject: City Manager recommending approval of
an amendment to the City Sewer Revenue
State Revolving Fund Loan Agreement en-
tered into as of January 14, 2009. Motion by
Resnick to receive and file the documents and
adopt Resolution No. 193-19 Approving and
authorizing an Amendment to the Loan and
Disbursement Agreement by and between the
City of Dubuque and the Iowa Finance Authori-
ty, and authorizing and providing for the reis-
suance of $971,000 in outstanding principal
amount of the Sewer Revenue Capital Loan
Note, Series 2009. Seconded by Jones. Mo-
tion carried 7-0.
RESOLUTION NO: 193-19
APPROVING AND AUTHORIZING AN
AMENDMENT TO THE LOAN AND DIS-
BURSEMENT AGREEMENT BY AND BE-
TWEEN THE CITY OF DUBUQUE AND THE
IOWA FINANCE AUTHORITY, AND AU-
196 Regular Session May 20, 2019 Book 149
THORIZING AND PROVIDING FOR THE RE-
ISSUANCE OF $971,000 IN OUTSTANDING
PRINCIPAL AMOUNT OF THE SEWER
REVENUE CAPITAL LOAN NOTE, SERIES
2009
Whereas, the City of Dubuque (hereinafter
the "Issuer") previously issued its Sewer Rev-
enue Capital Loan Note, Series 2009, dated
January 14, 2009, in the amount of $2,000,000
(of which $153,000 was not drawn) (hereinaf-
ter the "Notes") outstanding after June 1, 2019
in the amount of $971,000, pursuant to a Loan
and Disbursement Agreement between the
Issuer, the Iowa Finance Authority, the Iowa
Department of Natural Resources and Wells
Fargo Bank, N.A., dated of like date (the
"Agreement"), for the purpose of defraying the
costs of the Project (as defined in the resolu-
tion authorizing issuance of the same (herein-
after the "Resolution")); and
Whereas, the Iowa Finance Authority, as
Original Purchaser and current holder of the
Notes, has authorized a reduction in the inter-
est rate on the Notes to 1.75% effective June
1, 2019; and
Whereas, an Amendment to the Loan and
Disbursement Agreement (hereinafter the
"Amendment") has been prepared to reflect
said interest rate reduction, a copy of which is
attached hereto as Exhibit A; and
Whereas, pursuant to IRS regulations
adoption of the Amendment constitutes a reis-
suance of the Notes.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IN THE COUNTY OF DUBUQUE,
STATE OF IOWA:
Section 1. That the Resolution is hereby
amended to reflect the interest rate reduction
to 1.75% per annum on the outstanding princi-
pal amount from and after June 1, 2019 for the
remainder of the life of the Notes, payable in
accordance with the debt service schedule
attached to the Amendment, and incorporated
herein by this reference.
Section 2. That the Amendment in sub-
stantially the form attached to this Resolution
is hereby authorized to be executed and is-
sued on behalf of the Issuer by the Mayor and
attested by the City Clerk.
Section 3. That the Director of Finance &
Budget is hereby authorized to execute and
deliver a Supplemental Tax Certificate regard-
ing the uses of proceeds and the system, and
otherwise approving the tax covenants made
by the City with respect to the Note at the time
of the issuance thereof.
Section 4. Except as amended herein, all
of the other terms and conditions of the Reso-
lution and Agreement are in all respects rati-
fied, confirmed and approved and shall remain
in full effect.
Passed and approved this 20th day of May
2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. Proceedings to Direct Advertisement for
Sale of Tax-Exempt General Obligation Bonds,
Series 2019A, Taxable General Obligation
Bonds, Series 2019B, Tax-Exempt General
Obligation Refunding Bonds, Series 2019C,
Taxable General Obligation Refunding Bonds,
Series 2019D; Approval of the Preliminary
Official Statement; and Approval of Electronic
Bidding Procedures: City Manager recom-
mending approval of the suggested proceed-
ings for approving the advertisement for sale,
preliminary Official Statement, and electronic
bidding procedures for the $2,295,000 Tax-
Exempt General Obligation Bonds, Series
2019A, $860,000 Taxable General Obligation
Bonds, Series 2019B, $4,435,000 Tax-Exempt
General Obligation Refunding Bonds, Series
2019C, and $5,215,000 Taxable General Obli-
gation Refunding Bonds, Series 2019D. Mo-
tion by Jones to receive and file the docu-
ments, approve the (2) Statements, and adopt
Resolution No. 194-19 Directing the Adver-
tisement for Sale of $2,295,000* (Subject to
adjustment per Terms of Offering) General
Obligation Bonds, Series 2019A, and approv-
ing electronic bidding procedures and distribu-
tion of Preliminary Official Statement; Resolu-
tion No. 195-19 Directing the Advertisement
for Sale of $860,000* (Subject to adjustment
per Terms of Offering) Taxable General Obli-
gation Bonds, Series 2019B, and approving
electronic bidding procedures and distribution
of Preliminary Official Statement; Resolution
No. 196-19 Directing the Advertisement for
Sale of $4,435,000* (Subject to adjustment per
Terms of Offering) General Obligation Refund-
ing Bonds, Series 2019C, and approving elec-
tronic bidding procedures and distribution of
Preliminary Official Statement; and Resolution
No. 197-19 Directing the Advertisement for
Sale of $5,215,000* (Subject to adjustment per
Terms of Offering) Taxable General Obligation
Refunding Bonds, Series 2019D, and approv-
ing electronic bidding procedures and distribu-
tion of Preliminary Official Statement. Second-
ed by Resnick. Motion carried 7-0.
RESOLUTION NO. 194-19
DIRECTING THE ADVERTISEMENT FOR
SALE OF $2,295,000* (SUBJECT TO AD-
JUSTMENT PER TERMS OF OFFERING)
GENERAL OBLIGATION BONDS, SERIES
2019A, AND APPROVING ELECTRONIC
BIDDING PROCEDURES AND DISTRIBU-
TION OF PRELIMINARY OFFICIAL STATE-
MENT
Whereas, the Issuer is in need of funds to
pay costs of equipping the fire department,
197 Regular Session May 20, 2019 Book 149
including the acquisition and equipping of a
Quick Response Pumper, essential corporate
purpose(s), and it is deemed necessary and
advisable that General Obligation Bonds, to
the amount of not to exceed $10,045,000 be
authorized for said purpose(s); and
Whereas, pursuant to notice published as
required by Section 384.25 of the Code of Io-
wa, this Council has held a public meeting and
hearing upon the proposal to institute proceed-
ings for the issuance of the Bonds, and the
Council is therefore now authorized to proceed
with the issuance of said Bonds for such pur-
pose(s); and
Whereas, the City is in need of funds to
pay costs of the reconstruction, improvement
and equipping of city fire stations; and for the
Midtown Transfer Relocation project, including
improvement and construction of vehicle pull-
in and passenger waiting areas, signage,
cameras, seating and shelters, general corpo-
rate purpose(s), and it is deemed necessary
and advisable that General Obligation Bonds,
to the amount of not to exceed $700,000 be
authorized for said purpose(s); and
Whereas, the Issuer has a population of
more than 5,000 but not more than 75,000,
and the Bonds for these purposes do not ex-
ceed $700,000; and
Whereas, pursuant to notice published as
required by Section 384.26 of the Code of Io-
wa, the Council of the City has held a public
meeting and hearing upon the proposal to in-
stitute proceedings for the issuance of Bonds
for general corporate purpose(s) in the
amounts as above set forth, and, no petition
for referendum having been received, the
Council is therefore now authorized to proceed
with the issuance of said Bonds for such pur-
pose(s); and
Whereas, the City is in need of funds to
pay costs of aiding in the planning, undertak-
ing and carrying out of urban renewal projects
under the authority of Chapter 403 and the
Urban Renewal Plan for the Greater Down-
town Urban Renewal District, such as those
costs associated with the Multi-cultural Family
Center addition remodel, essential corporate
urban renewal purpose(s), and it is deemed
necessary and advisable that General Obliga-
tion Bonds, to the amount of not to exceed
$1,690,000 be authorized for said purpose(s);
and
Whereas, pursuant to notice published as
required by Section 384.25 and 403.12 of the
Code of Iowa, this Council has held a public
meeting and hearing upon the proposal to in-
stitute proceedings for the issuance of the
Bonds, and no petition for referendum having
been received, the Council is therefore now
authorized to proceed with the issuance of
said Bonds for such purpose(s); and
Whereas, in conjunction with Disclosure
Counsel and the City’s Municipal Advisor, In-
dependent Public Advisors, LLC, the City has
caused a Preliminary Official Statement to be
prepared outlining the details of the proposed
sale of the Bonds; and
Whereas, the Council has received infor-
mation from its Municipal Advisor evaluating
and recommending the procedure hereinafter
described for electronic, facsimile and internet
bidding to maintain the integrity and security of
the competitive bidding process and to facili-
tate the delivery of bids by interested parties;
and
Whereas, the Council deems it in the best
interests of the City and the residents thereof
to receive bids to purchase such Bonds by
means of both sealed and electronic internet
communication.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, STATE OF IOWA:
Section 1. That the receipt of electronic
bids by facsimile machine and through the
Parity Competitive Bidding System described
in the Notice of Sale and Official Statement are
hereby found and determined to provide rea-
sonable security and to maintain the integrity
of the competitive bidding process, and to fa-
cilitate the delivery of bids by interested parties
in connection with the offering at public sale.
Section 2. That General Obligation Bonds,
Series 2019A, of the City of Dubuque, State of
Iowa, in the amount of $2,295,000* (Subject to
Adjustment per Terms of Offering), to be is-
sued as referred to in the preamble of this
Resolution, to be dated June 20, 2019, be
offered for sale pursuant to the published ad-
vertisement.
Section 3. That the preliminary Official
Statement in the form presented to this meet-
ing be and the same hereby is approved as to
form and deemed final for purposes of Rule
15C2-12 of the Securities and Exchange
Commission, subject to such revisions, correc-
tions or modifications as the Mayor and City
Clerk, upon the advice of bond counsel, dis-
closure counsel, and the City's Municipal Advi-
sor, shall determine to be appropriate, and is
authorized to be distributed in connection with
the offering of the Bonds for sale.
Section 4. That the Clerk is hereby directed
to publish notice of sale of the Bonds at least
once, the last one of which shall be not less
than four clear days nor more than twenty
days before the date of the sale. Publication
shall be made in the Telegraph Herald, a legal
newspaper, printed wholly in the English lan-
guage, published within the county in which
the Bonds are to be offered for sale or an ad-
jacent county. The notice is given pursuant to
Chapter 75 of the Code of Iowa, and shall
state that this Council, on the 3rd day of June,
198 Regular Session May 20, 2019 Book 149
2019, at 6:00 p.m., will hold a meeting to re-
ceive and act upon bids for said Bonds, which
bids were previously received and opened by
City Officials at 10:00 A.M. on said date. The
notice shall be in substantially the [provided]
form:
Passed and approved this 20th day of May
2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 195-19
DIRECTING THE ADVERTISEMENT FOR
SALE OF $860,000* (SUBJECT TO AD-
JUSTMENT PER TERMS OF OFFERING)
TAXABLE GENERAL OBLIGATION BONDS,
SERIES 2019B, AND APPROVING ELEC-
TRONIC BIDDING PROCEDURES AND DIS-
TRIBUTION OF PRELIMINARY OFFICIAL
STATEMENT
Whereas, the City is in need of funds to
pay costs of the construction, reconstruction,
improvement, and equipping of various city
buildings, including for energy efficiency im-
provements; the reconstruction, improvement
and equipping of the Five Flags Center Arena;
and the construction, improvement and equip-
ping of a skate park, general corporate pur-
pose(s), and it is deemed necessary and ad-
visable that Taxable General Obligation
Bonds, to the amount of not to exceed
$700,000 be authorized for said purpose(s);
and
Whereas, the Issuer has a population of
more than 5,000 but not more than 75,000,
and the Bonds for these purposes do not ex-
ceed $700,000; and
Whereas, pursuant to notice published as
required by Section 384.26 of the Code of Io-
wa, the Council of the City has held public
meeting and hearing upon the proposal to in-
stitute proceedings for the issuance of Bonds
for general corporate purpose(s) in the
amounts as above set forth, and no petition for
referendum having been received, the Council
is therefore now authorized to proceed with the
issuance of said Bonds for such purpose(s);
and
Whereas, in conjunction with Disclosure
Counsel and the City’s Municipal Advisor, In-
dependent Public Advisors, LLC, the City has
caused an Official Statement to be prepared
outlining the details of the proposed sale of the
Bonds; and
Whereas, the Council has received infor-
mation from its Municipal Advisor evaluating
and recommending the procedure hereinafter
described for electronic, facsimile and internet
bidding to maintain the integrity and security of
the competitive bidding process and to facili-
tate the delivery of bids by interested parties;
and
Whereas, the Council deems it in the best
interests of the City and the residents thereof
to receive bids to purchase such Bonds by
means of both sealed and electronic internet
communication.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, STATE OF IOWA:
Section 1. That the receipt of electronic
bids by facsimile machine and through the
Parity Competitive Bidding System described
in the Notice of Sale and Official Statement are
hereby found and determined to provide rea-
sonable security and to maintain the integrity
of the competitive bidding process, and to fa-
cilitate the delivery of bids by interested parties
in connection with the offering at public sale.
Section 2. That Taxable General Obligation
Bonds, Series 2019B, of City of Dubuque,
State of Iowa, in the amount of $860,000*
(Subject to Adjustment Per Terms of Offering),
to be issued as referred to in the preamble of
this Resolution, to be dated June 20, 2019, be
offered for sale pursuant to the published ad-
vertisement.
Section 3. That the preliminary Official
Statement in the form presented to this meet-
ing be and the same hereby is approved as to
form and deemed final for purposes of Rule
15C2-12 of the Securities and Exchange
Commission, subject to such revisions, correc-
tions or modifications as the Mayor and City
Clerk, upon the advice of bond counsel, dis-
closure counsel, and the City's Municipal Advi-
sor, shall determine to be appropriate, and is
authorized to be distributed in connection with
the offering of the Bonds for sale.
That the Clerk is hereby directed to publish
notice of sale of the Bonds at least once, the
last one of which shall be not less than four
clear days nor more than twenty days before
the date of the sale. Publication shall be made
in the Telegraph Herald, a legal newspaper,
printed wholly in the English language, pub-
lished within the county in which the Bonds are
to be offered for sale or an adjacent county.
The notice is given pursuant to Chapter 75 of
the Code of Iowa, and shall state that this
Council, on the 3rd day of June, 2019, at 6:00
p.m., will hold a meeting to receive and act
upon bids for said Bonds, which bids were
previously received and opened by City Offi-
cials at 10:00 A.M. on said date. The notice
shall be in substantially the [provided] form:
Passed and approved this 20th day of May
2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 196-19
DIRECTING THE ADVERTISEMENT FOR
SALE OF $4,435,000* (SUBJECT TO AD-
JUSTMENT PER TERMS OF OFFERING)
199 Regular Session May 20, 2019 Book 149
GENERAL OBLIGATION REFUNDING
BONDS, SERIES 2019C, AND APPROVING
ELECTRONIC BIDDING PROCEDURES AND
DISTRIBUTION OF PRELIMINARY OFFI-
CIAL STATEMENT
Whereas, the Issuer is in need of funds to
pay costs of costs of refunding or refinancing
certain outstanding indebtedness of the City,
including General Obligation Bonds, Series
2012D, dated June 28, 2012, essential corpo-
rate purpose(s), and it is deemed necessary
and advisable that General Obligation Refund-
ing Bonds, to the amount of not to exceed
$10,045,000 be authorized for said purpose(s);
and
Whereas, pursuant to notice published as
required by Section 384.25 of the Code of Io-
wa, this Council has held a public meeting and
hearing upon the proposal to institute proceed-
ings for the issuance of the Bonds, and the
Council is therefore now authorized to proceed
with the issuance of said Bonds for such pur-
pose(s); and
Whereas, in conjunction with Disclosure
Counsel and the City’s Municipal Advisor, In-
dependent Public Advisors, the City has
caused an Official Statement to be prepared
outlining the details of the proposed sale of the
Bonds; and
Whereas, the Council has received infor-
mation from its Municipal Advisor evaluating
and recommending the procedure hereinafter
described for electronic, facsimile and internet
bidding to maintain the integrity and security of
the competitive bidding process and to facili-
tate the delivery of bids by interested parties;
and
Whereas, the Council deems it in the best
interests of the City and the residents thereof
to receive bids to purchase such Bonds by
means of both sealed and electronic internet
communication.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, STATE OF IOWA:
Section 1. That the receipt of electronic
bids by facsimile machine and through the
Parity Competitive Bidding System described
in the Notice of Sale and Official Statement are
hereby found and determined to provide rea-
sonable security and to maintain the integrity
of the competitive bidding process, and to fa-
cilitate the delivery of bids by interested parties
in connection with the offering at public sale.
Section 2 That General Obligation Refund-
ing Bonds, Series 2019C, of City of Dubuque,
State of Iowa, in the amount of $4,435,000*
(Subject to Adjustment Per Terms of Offering),
to be issued as referred to in the preamble of
this Resolution, to be dated June 20, 2019, be
offered for sale pursuant to the published ad-
vertisement.
Section 3 That the preliminary Official
Statement in the form presented to this meet-
ing be and the same hereby is approved as to
form and deemed final for purposes of Rule
15C2-12 of the Securities and Exchange
Commission, subject to such revisions, correc-
tions or modifications as the Mayor and City
Clerk, upon the advice of bond counsel, dis-
closure counsel, and the City's Municipal Advi-
sor, shall determine to be appropriate, and is
authorized to be distributed in connection with
the offering of the Bonds for sale.
Section 4. That the Clerk is hereby directed
to publish notice of sale of the Bonds at least
once, the last one of which shall be not less
than four clear days nor more than twenty
days before the date of the sale. Publication
shall be made in the Telegraph Herald, a legal
newspaper, printed wholly in the English lan-
guage, published within the county in which
the Bonds are to be offered for sale or an ad-
jacent county. The notice is given pursuant to
Chapter 75 of the Code of Iowa, and shall
state that this Council, on the 3rd day of June,
2019, at 6:00 p.m., will hold a meeting to re-
ceive and act upon bids for said Bonds, which
bids were previously received and opened by
City Officials at 10:00 a.m. on said date. The
notice shall be in substantially the [provided]
form:
Passed and approved this 20th day of May
2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 197-19
DIRECTING THE ADVERTISEMENT FOR
SALE OF $5,215,000* (SUBJECT TO AD-
JUSTMENT PER TERMS OF OFFERING)
TAXABLE GENERAL OBLIGATION RE-
FUNDING BONDS, SERIES 2019D, AND
APPROVING ELECTRONIC BIDDING PRO-
CEDURES AND DISTRIBUTION OF PRELIM-
INARY OFFICIAL STATEMENT
Whereas, the City is in need of funds to
pay costs of costs of refunding or refinancing
certain outstanding indebtedness of the City,
including Taxable General Obligation Bonds,
Series 2012C, dated June 28, 2012, essential
corporate purpose(s), and it is deemed neces-
sary and advisable that Taxable General Obli-
gation Refunding Bonds, to the amount of not
to exceed $10,045,000 be authorized for said
purpose(s); and
Whereas, pursuant to notice published as
required by Section 384.25 of the Code of Io-
wa, the Council of the City has held public
meeting and hearing upon the proposal to in-
stitute proceedings for the issuance of the
Bonds and the Council is therefore now au-
thorized to proceed with the issuance of said
Bonds for such purpose(s); and
200 Regular Session May 20, 2019 Book 149
Whereas, in conjunction with Disclosure
Counsel and the City’s Municipal Advisor, In-
dependent Public Advisors, the City has
caused a Preliminary Official Statement to be
prepared outlining the details of the propose d
sale of the Bonds; and
Whereas, the Council has received infor-
mation from its Municipal Advisor evaluating
and recommending the procedure hereinafter
described for electronic, facsimile and internet
bidding to maintain the integrity and security of
the competitive bidding process and to facili-
tate the delivery of bids by interested parties;
and
Whereas, the Council deems it in the best
interests of the City and the residents thereof
to receive bids to purchase such Bonds by
means of both sealed and electronic internet
communication.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, STATE OF IOWA:
Section 1. That the receipt of electronic
bids by facsimile machine and through the
Parity Competitive Bidding System described
in the Notice of Sale and Official Statement are
hereby found and determined to provide rea-
sonable security and to maintain the integrity
of the competitive bidding process, and to fa-
cilitate the delivery of bids by interested parties
in connection with the offering at public sale.
Section 2. That Taxable General Obligation
Refunding Bonds, Series 2019D, of City of
Dubuque, State of Iowa, in the amount of
$5,215,000* (Subject to Adjustment per Terms
of Offering), to be issued as referred to in the
preamble of this Resolution, to be dated June
20, 2019, be offered for sale pursuant to the
published advertisement.
Section 3 That the preliminary Official
Statement in the form presented to this meet-
ing be and the same hereby is approved as to
form and deemed final for purposes of Rule
15C2-12 of the Securities and Exchange
Commission, subject to such revisions, correc-
tions or modifications as the Mayor and City
Clerk, upon the advice of bond counsel, dis-
closure counsel, and the City's Municipal Advi-
sor, shall determine to be appropriate, and is
authorized to be distributed in connection with
the offering of the Bonds for sale.
Section 4. That the Clerk is hereby directed
to publish notice of sale of the Bonds at least
once, the last one of which shall be not less
than four clear days nor more than twenty
days before the date of the sale. Publication
shall be made in the Telegraph Herald, a legal
newspaper, printed wholly in the English lan-
guage, published within the county in which
the Bonds are to be offered for sale or an ad-
jacent county. The notice is given pursuant to
Chapter 75 of the Code of Iowa, and shall
state that this Council, on the 3rd day of June,
2019, at 6:00 p.m., will hold a meeting to re-
ceive and act upon bids for said Bonds, which
bids were previously received and opened by
City Officials at 10:00 a.m. on said date. The
notice shall be in substantially the [provided]
form:
Passed and approved this 20th day of May
2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
4. Request for Work Session - Partner-
ships with Rental Property Owners and
Renters: City Manager recommending that the
City Council schedule a work session for June
3, 2019, at 5:30 p.m., in the Council Chambers
regarding partnerships and continued work in
the community with rental property owners and
renters. Motion by Jones to receive and file the
documents and set the work session as rec-
ommended. Seconded by Resnick. No sched-
ule conflicts were stated. Motion carried 7-0.
5. Request for Work Session - Big Life,
Small City Campaign: Greater Dubuque De-
velopment Corporation requesting that the City
Council set a work session for Monday, June
10, at 6:00 p.m. in the Council Chambers on
GDDC's Big Life, Small City campaign. Re-
stated motion by Resnick to have staff consid-
er an alternate date for this work session and
Action Item #7 Request for Work Session on
Chaplain Schmitt Island Task Force. With sev-
eral schedule conflicts, there would be no
quorum for this date. Seconded by Rios. Mo-
tion carried 7-0.
6. Request for Work Session - Four
Mounds Foundation: City Manager recom-
mending that the City Council schedule a Work
Session for Monday, June 17 at 5:30 p.m. in
the Council Chambers for the Four Mounds
Foundation to present their upcoming plans as
well as recent accomplishments. Motion by
Resnick to receive and file the documents and
set the work session as scheduled. Seconded
by Larson. Council Member Jones indicated
that he may be called for jury duty during this
time frame. Motion carried 7-0.
7. Request to Schedule Work Session -
Chaplain Schmitt Island Task Force: Schmitt
Island Task Force requesting that the City
Council schedule a work session for Monday,
June 10, at 6:00 p.m. in the Council Chambers
to provide an update on the efforts of the
Schmitt Island Task Force. As part of the mo-
tion on Action Item #5, this item was returned
to staff for an alternate date
.
201 Special Session May 28, 2019 Book 149
COUNCIL MEMBER REPORTS
Council Member Larson encouraged eve-
ryone to attend the Marshall Islands Constitu-
tion Day event from 12:00 p.m. to 3:00 p.m. at
Flora Park on May 25.
There being no further business upon mo-
tion, the City Council adjourned at 7:59 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special
session at 6:00 p.m. on May 28, 2019 in the
second-floor Council Chambers of the Historic
Federal Building, 350 W. 6th Street.
Present: Mayor Buol (Left at 6:20 p.m.);
Presiding Officer Jones; Council Members Del
Toro, Larson, Resnick, Shaw; City Manager
Van Milligen, City Attorney Brumwell
Absent: Mayor Pro Tem Rios.
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
implementation of the Imagine Dubuque 2037:
A Call to Action Comprehensive Plan.
WORK SESSION
Imagine Dubuque 2037: A Call to Action
(Comprehensive Plan) Implementation
Strategy
Laura Carstens, Planning Services Man-
ager; Mike Hoffman, Teska Associates con-
sultant representative; and John Pregler, Long
Range Planning Advisory Commission Mem-
ber, presented on the following topics:
1. Background of the Plan and getting to
the action stage
2. 2019 implementation timeline
3. Collective Model Impact
a. Ongoing communications, shared
measurement system, reinforced
activities, backbone organization
4. Inspiring ideas and the tools used to
collect them
a. Quick polls, interviews, community
workshops, idea tools, traveling
workshops/focus groups, working
groups and pop-up events
5. Partnerships for a better Dubuque
6. Imagine Dubuque Comprehensive
Plan Executive Summary
7. High performance community + part-
nerships = outcomes (results)
8. Purpose of the Long-Range Planning
Advisory Commission
9. June 2019 – kick-start events
10. Promotional video
11. Getting the word out on equity and in-
clusion
12. Action Tool Kit
a. Conversation “menu,” social media
post guide, marketing poster
202 Special Session June 3, 2019 Book 149
13. Community & date-driven implementa-
tion
14. Next steps
a. Community Engagement
b. Identify core goal champions &
groups
c. Develop collective impact structure
The City Council had discussion with the
presenters following the presentation and were
advised to provide suggestions or additional
information through the City Manager.
There being no further business, upon mo-
tion the City Council adjourned at 6:45 p.m.
/s/Kevin S. Firnstahl, CMC
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special
session at 5:30 p.m. on June 3, 2019 in the
second-floor Council Chambers of the Historic
Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Del
Toro (joined at 6:01), Jones, Larson, Resnick,
Rios; City Manager Van Milligen, City Attorney
Brumwell
Absent: Council Member Shaw
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
Partnership with Rental Property Owners and
Renters.
WORK SESSION
Partnership with Rental Property Owners and
Renters
Police Chief Mark Dalsing, Housing and
Community Development Director Alexis
Steger, and City Attorney Crenna Brumwell
presented on the following topics:
• Cooperation
o Offering successful property
management training
• Compliance
o background checks and identify-
ing unlicensed structures
o Housing cases April 2008 – June
2018 for background checks and
investigations
o Investigating and enforcing nui-
sance ordinance
• Rental licensing and inspections
o processes and policies
o recent improvements
o adoption of International Property
Maintenance Code
o standing item for Dubuque Area
Landlords Association meetings
• Boards & Commission / Community In-
put on IPMC adoption
o tiered inspections policy review
o priority category: input/data and
successful outcomes
• Cooperation and partnership with DA-
LA
203 Regular Session June 3, 2019 Book 149
o Standing committee meetings,
Housing Commission and Source
of Income Committee, Dubuque
Renters’ Union, Community Hous-
ing Initiatives and Dubuque’s True
North
• Recent changes and Initiatives
o Change to inspection fees to im-
prove initial inspection results
o Change in pre-inspection notifica-
tion process to encourage repairs
o Onsite presence of landlord or
primary caretakes for inspec-
tions/training
o Rebranding Housing Choice
Voucher Program
o Municipal Infractions 2015-to date
o Petition (rental) properties for City
acquisition, redevelopment and
resale
Dubuque Area Landlords’ Association
President Jerry Maro, 10366 Timothy Street,
addressed the City Council thanking them for
the cooperation and partnership over the
years. Mr. Maro appreciated the support of the
Police Department calling out the background
checks as a good thing. He expressed con-
cerns with the new inspection fee schedule
believing that with many older structures in
Dubuque posing special problems, many may
not pass a first inspection, and fees could be a
costly burden to landlords. Mr. Maro concluded
by say the Association’s goal is to continue
working with the City.
There being no further business, upon mo-
tion the City Council adjourned at 5:59 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular
session at 6:03 p.m. on June 3, 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 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
PROCLAMATION(S)
1. Juneteenth Day (June 15, 2019); was
accepted by Ernest Jackson of the Juneteenth
Planning Committee on behalf of the Multicul-
tural Family Center, 1157 Central Avenue.
2. Apples for Students Months (June & July
2019); was accepted by Beth McGorry, for St.
Mark Youth Enrichment, 1201 Locust Street.
CONSENT ITEMS
Motion by Resnick to receive and file the
documents, adopt the resolutions, and dispose
of as indicated. Seconded by Jones. Motion
carried 7-0.
1. Minutes and Reports Submitted: Build-
ing Code Board of 5/21; City Council proceed-
ings of 5/20, 5/28; Community Development
Advisory Commission of 5/15; Long Range
Planning Advisory Commission of 5/15; Me-
chanical and Plumbing Code Board of 5/16;
Proof of Publication for City Council proceed-
ings of 4/29, 5/6, 5/13; Proof of Publication for
List of Claims and Summary of Revenues for
Month Ending 4/30. Upon motion the docu-
ments were received and filed.
2. Notice of Claims and Suits: Daniel Ja-
cobs for vehicle damage, Patrick Konzen for
property damage, Garry Redman for property
damage. Upon motion the documents were
received, filed, and referred to the City Attor-
ney.
3. Disposition of Claims: City Attorney ad-
vising that the following claims have been re-
ferred to Public Entity Risk Services of Iowa,
204 Regular Session June 3, 2019 Book 149
the agent for the Iowa Communities Assurance
Pool: Daniel Jacobs for vehicle damage, Pat-
rick Konzen for property damage. Upon motion
the documents were received, filed, and con-
curred.
4. Approval of City Expenditures: City
Manager recommending Council approval for
payment of City expenditures. Upon motion
the documents were received and filed, and
Resolution No. 198-19 Authorizing the Finance
Director-City Treasurer to make certain pay-
ments of bills that must be paid and approved
for payment in accordance with City proce-
dures was adopted.
RESOLUTION NO. 198-19
AUTHORIZING THE FINANCE DIRECTOR-
CITY TREASURER TO MAKE CERTAIN
PAYMENTS OF BILLS THAT MUST BE PAID
AND APPROVED FOR PAYMENT IN AC-
CORDANCE 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 req-
uisitioned for a lawful municipal purpose; and
Whereas, the Finance Director-City Treas-
urer 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 pay-
ment 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 requested
by designated requisitioning authorities in ac-
cordance with approved budget appropria-
tions.
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 3rd
day of June 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. Jule Transit Annual Report: City Manag-
er recommending approval of the Jule's Annu-
al Report for Fiscal Year 2018. Upon motion
the document was received, filed and ap-
proved.
6. National Register of Historic Places
Nomination for Loras College Historic District:
Historic Preservation Commission recom-
mending approval of the nomination of Loras
College Historic District for listing in the Na-
tional Register of Historic Places. Upon motion
the documents were received, filed and ap-
proved.
7. Brownfields Multipurpose Grant Applica-
tion to the U.S. Environmental Protection
Agency (EPA): City Manager recommending
approval of an application to the U.S. Envi-
ronmental Protection Agency (EPA) for a
Brownfields Multipurpose Grant to support the
assessment and clean-up of eligible Brown-
field sites within the City of Dubuque. Upon
motion the documents were received and filed,
and Resolution No. 199-19 Authorizing Brown-
fields Multipurpose Grant application to the
U.S. Environmental Protection Agency for the
South Port, Washington Neighborhood and
North End Areas was adopted.
RESOLUTION NO. 199-19
AUTHORIZING BROWNFIELDS MULTIPUR-
POSE GRANT APPLICATION TO THE U.S.
ENVIRONMENTAL PROTECTION AGENCY
FOR THE SOUTH PORT, WASHINGTON
NEIGHBORHOOD AND NORTH END ARE-
AS
Whereas, the U.S. Environmental Protec-
tion Agency administers the Brownfields Multi-
purpose Grant Program to help communities
revitalize brownfield properties; and
Whereas, the City of Dubuque (City) has
previously received a U.S. EPA Brownfields
Area-Wide Planning Grant to plan the trans-
formation of the South Port into a new mixed-
use neighborhood; and
Whereas, City has undertaken the Imagine
Dubuque 2037 comprehensive plan that
serves as a guide for the community's physi-
cal, social and economic development; and
Whereas, these planning efforts envision
improved housing, better recreational opportu-
nities, infrastructure upgrades, and improved
waterfront connectivity; and
205 Regular Session June 3, 2019 Book 149
Whereas, the U.S. EPA Brownfields Multi-
purpose Grant is designed to provide financial
assistance to meet these planning goals.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The Mayor hereby is authorized
to sign, and the Project Manager is hereby
authorized to submit an application to the U.S.
Environmental Protection Agency Brownfields
Multipurpose Grant Program.
Section 2. In the event said application is
approved, the City Council hereby provides its
written assurance that the completed project
will be adequately maintained for its intended
use in accordance with the grant requirements.
Passed, approved, and adopted this 3rd
day of June 2019.
Roy D, Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
8. Notice of Intent to Request Release of
Funds for Lead-Based Paint Hazard Control
Grant # IALHB0667-18: City Manager authori-
zation for the Mayor to sign a resolution au-
thorizing Notice of Intent to Request Release
of Funds and Certification for the Lead-Based
Paint Hazard Control Grant to process through
the U.S. Department of Housing and Urban
Development. Upon motion the documents
were received and filed, and Resolution No.
200-19 Authorization Request for Release of
Funds and Certification for Lead-Based Paint
Hazard Control and Health Homes Production
Grant Program was adopted.
RESOLUTION NO. 200-19
AUTHORIZATION REQUEST FOR RELEASE
OF FUNDS AND CERTIFICATION FOR
LEAD BASED PAINT HAZARD CONTROL
AND HEALTHY HOMES PRODUCTION
GRANT PROGRAM
Whereas, the City of Dubuque has been
awarded Lead Based Paint Hazard Control
Grant funds from the U.S. Department of
Housing and Urban Development, and
Whereas, pursuant to the rules and regula-
tions as promulgated by the U.S. Department
of Housing and Urban Development, an envi-
ronmental review has been processed for the
Lead Based Paint Hazard Control Grant; and
Whereas, a Notice of Intent to Request Re-
lease of Funds for said grants has been pub-
lished on May 8, 2019, to commence the re-
quired seven (7) days comment period; and
Whereas, any and all comments received
as a result of such notice will be duly consid-
ered before proceeding with a Request for
Release of Funds and Certification; and
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The Mayor of the City of Dubu-
que is hereby authorized and directed to exe-
cute a Request for the Release of Funds and
Certification on or after May 18, 2019 and
submit to the U.S. Department of Housing and
Urban Development.
Section 2. The Mayor of the City of Dubu-
que is hereby authorized to consent to assume
the status of a responsible federal official un-
der the National Environmental Protection Act,
insofar as the provisions of the said Act apply
to the U.S. Department of Housing and Urban
Development responsibilities for review, deci-
sion-making, and action assumed and carried
out by the City of Dubuque as to environmen-
tal issues.
Section 3. The Mayor of the City of Dubu-
que is hereby authorized to consent personal-
ly, in his official capacity and on behalf of the
City of Dubuque, to accept the jurisdiction of
the federal courts if an action is brought to
enforce responsibilities in relation to environ-
mental review process, decision-making and
action.
Passed, approved, and adopted this 3rd
day of June 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
9. Public Housing Authority (PHA) Adminis-
trative Plan Amendment: City Manager rec-
ommending approval of a Resolution accept-
ing the amendments to the Housing Choice
Voucher Administrative Plan, which have pre-
viously been approved by the Resident Advi-
sory Board and the Housing Commission. Up-
on motion the documents were received and
filed, and Resolution No. 201-19 Approving
amendments to the Housing Choice Voucher
Administrative Plan was adopted.
RESOLUTION NO. 201-19
APPROVING AMENDMENTS TO THE
HOUSING CHOICE VOUCHER ADMINIS-
TRATIVE PLAN
Whereas, the City of Dubuque is designat-
ed as a Public Housing Authority; and
Whereas, the City of Dubuque maintains a
comprehensive Public Housing Agency Plan;
and
Whereas, the City of Dubuque desires to
amend said Public Housing Agency Plan; and
Whereas, said amendments are approved
by Resident Advisory Board and the Housing
Commission, the amendments must be ap-
proved by resolution of the City Council for
adoption and implementation; and
Whereas, the Housing Commission held a
public meeting on May 28, 2019; and
Whereas, the Housing Commission voted
to approve said amendments to Chapter 4 and
recommended approval by the City Council.
206 Regular Session June 3, 2019 Book 149
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The Housing Choice Voucher
Administrative Plan is hereby amended to
adopt the changes to the Plan to open the
HCV waiting list when it is reduced to less than
50 applications, on the 2nd Tuesday of each
month. However, if the need identified for the
month is greater than 50 applicants, the wait-
ing list may be reopened. A lottery system will
be used to determine which applicants are
placed on the waiting list. The PHA will select
households from the waiting list based on date
and time of applications.
Section 2. The removal of the requirement
of submitting a bi-annual waiting list report for
tracking applicants that were denied admission
to the program or placement on the waiting list,
attached hereto as Exhibit A and Chapter 4.
Passed, approved, and adopted this 3rd
day of June 2019
Roy D Buol, Mayor
Attest: Kevin Firnstahl, City Clerk
10. Federal Emergency Management
Agency (FEMA) - Flood Insurance Rate Map:
City Manager recommending authorization for
the Mayor to submit a letter to the Federal
Emergency Management Agency (FEMA) re-
garding the preliminary Flood Insurance Rate
Map for the City of Dubuque in the form of an
appeal. Upon motion the documents were re-
ceived, filed and approved.
11. Urban Revitalization Property Exemp-
tion Application for 67 Main Street: City Man-
ager recommending rescinding the property
tax abatement for 67 Main Street due to it not
being in a designated Urban Revitalization
Area. Upon motion the documents were re-
ceived and filed, and Resolution No. 202-19
Rescinding approval of the Property Tax
Abatement application submitted by Jeff Burds
for the property located at 67 Main Street as
not in an Urban Revitalization area and author-
izing the Transmittal of the Recission to the
City Assessor was adopted.
RESOLUTION NO. 202-19
RESCINDING APPROVAL OF THE PROP-
ERTY TAX ABATEMENT APPLICATION
SUBMITTED BY JEFF BURDS FOR THE
PROPERTY LOCATED AT 67 MAIN STREET
AS NOT IN AN URBAN REVITALIZATION
AREA AND AUTHORIZING THE TRANS-
MITTAL OF THE RECENSION TO THE CITY
ASSESSOR
Whereas, Chapter 404 of the Code of Io-
wa, the Urban Revitalization Act, permits cities
to abate property taxes for improvements
made to properties in designated revitalization
areas; and
Whereas, the Urban Revitalization Act re-
quires property owners to submit a written
application for abatement by February 1 of the
assessment year for which the abatement is
first claimed, and further requires the City
Council to approve all applications that meet
the requirements of the adopted Urban Revi-
talization Plan. Copies of the Urban Revitaliza-
tion applications are forwarded to the City As-
sessor for review by March 1 of each year; and
Whereas, pursuant to the requirements of
said Urban Revitalization Act, an Urban Revi-
talization Area of the Old Main District was
created; and
Whereas, an application was submitted to
and approved by the City Council in February
2019 for 67 Main Street as part of the Old
Main Urban Revitalization Area; and
Whereas, after further review it was deter-
mined the property is beyond the boundary of
the Old Main Urban Revitalization Area; and
Whereas, the City of Dubuque must re-
scind its acceptance and approval of the appli-
cation for tax abatement for the property listed
as it is not located within the aforementioned
Old Main District Urban Revitalization Area:
District, Address, Property Owner, Type of
Property, Exemption Period
Old Main, 67 Main Street, Jeff Burds,
Commercial, 3-year
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The above-described tax
abatement application does not meet the re-
quirements of the City of Dubuque’s Urban
Revitalization Plan as being located within an
Urban Revitalization Area.
Section 2. The above-described tax
abatement application approval is hereby re-
scinded by the City Council.
Section 3. The City Clerk is hereby author-
ized and directed to forward notice of this ac-
tion to the City Assessor.
Passed, approved, and adopted this 3rd
day of June 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
12. Follow-up to Blum Site City Council
Work Session Presentation: City Manager
transmitting information related to follow-up
questions from the May 13, 2019 Blum Site
City Council Work Session presentation. Upon
motion the documents were received and filed.
13. Right-of-Way Plats and Dedication for
the 22nd Street /Kaufmann Avenue Storm
Sewer Improvements Project: City Manager
recommending approval of the Acquisition
Plats along Kaufmann Avenue and acceptance
of the dedications of said lots, which provide
the additional right-of-way needed for the 22nd
207 Regular Session June 3, 2019 Book 149
Street/Kaufmann Avenue Storm Sewer Im-
provements Project (White Street to Kleine
Street). Upon motion the documents were re-
ceived and filed, and Resolution No. 203-19
Approving Right-of-Way Acquisition Plats as-
sociated with the 22nd Street/Kaufmann Ave-
nue Storm Sewer Improvements Project,
White Street to Kleine Street, in the City of
Dubuque was adopted.
RESOLUTION NO. 203-19
APPROVING RIGHT OF WAY ACQUISITION
PLATS ASSOCIATED WITH THE 22ND
STREET/KAUFMANN AVENUE STORM
SEWER IMPROVEMENTS PROJECT,
WHITE STREET TO KLEINE STREET, IN
THE CITY OF DUBUQUE, IOWA
Whereas, there has been presented to the
City Council of the City of Dubuque, Iowa, an
Acquisition Plat dated December 7, 2018 pre-
pared by IIW, P.C., describing Lot A-145A of
L.H. Langworthy’s Addition, in the City of
Dubuque, Iowa; and upon said plat appears
Lot A-145A, which Glen F. Howell II and Kasey
M. Copeland, by said plat have dedicated to
the public forever; and
Whereas, there has been presented to the
City Council of the City of Dubuque, Iowa, an
Acquisition Plat dated December 7, 2018 pre-
pared by IIW, P.C., describing Lot B-145A of
L.H. Langworthy’s Addition, in the City of
Dubuque, Iowa; and upon said plat appears
Lot B-145A, which Kenneth Brown and Valeta
A. Brown, by said plat have dedicated to the
public forever; and
Whereas, there has been presented to the
City Council of the City of Dubuque, Iowa, an
Acquisition Plat dated December 7, 2018 pre-
pared by IIW, P.C., describing Lot A-2 of We-
land’s Subdivision, in the City of Dubuque,
Iowa; and upon said plat appears Lot A-2,
which James A. Brom and Michelle M. Brom,
by said plat have dedicated to the public for-
ever; and
Whereas, there has been presented to the
City Council of the City of Dubuque, Iowa, an
Acquisition Plat dated December 7, 2018 pre-
pared by IIW, P.C., describing Lot A-39 of Tiv-
oli’s Addition, in the City of Dubuque, Iowa;
and upon said plat appears Lot A-39, which
Melinda S. Harbaugh, by said plat have dedi-
cated to the public forever; and
Whereas, there has been presented to the
City Council of the City of Dubuque, Iowa, an
Acquisition Plat dated December 7, 2018 pre-
pared by IIW, P.C., describing Lot A-1 of We-
land’s Subdivision, in the City of Dubuque,
Iowa; and upon said plat appears Lot A-1,
which Pingman LLC, by said plat has dedicat-
ed to the public forever; and
Whereas, there has been presented to the
City Council of the City of Dubuque, Iowa, an
Acquisition Plat dated December 7, 2018 pre-
pared by IIW, P.C., describing Lot A-1 of Tivo-
li’s Addition, in the City of Dubuque, Iowa; and
upon said plat appears Lot A-1, which Hartig
Realty IV, LC, by said plat has dedicated to the
public forever; and
Whereas, said plat conforms to the laws
and statutes pertaining thereto.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The plats dated December 7,
2018 prepared by IIW, P.C., relative to the real
estate hereinabove described be and the
same are hereby approved, and the Mayor
and City Clerk be and they are hereby author-
ized and directed to execute and acknowledge
on behalf of the City of Dubuque, Iowa, any
instruments in connection herewith.
Section 2. The dedication of properties as
listed above, in the City of Dubuque, Iowa, for
Right of Way and utilities purposes, as they
appear on said Acquisition Plats, be and the
same are hereby accepted.
Section 3. The City Clerk be and is hereby
authorized and directed to file said plats and a
certified copy of the respective resolutions in
the Office of the Recorder, in and for Dubuque
County, Iowa.
Passed, approved, and adopted this 3rd
day of June 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
14. Acceptance of Sanitary Sewer Im-
provements - Alley from Vinton Street to Tole-
do Street between Inwood Avenue and Oneida
Avenue: City Manager recommending ac-
ceptance of the public improvements that the
developer, Merrick Construction and Devel-
opment Corporation, has recently completed in
the alley running from Vinton Street to Toledo
Street, between Inwood Avenue and Oneida
Avenue. Upon motion the documents were
received and filed, and Resolution No. 204-19
Accepting Public Sanitary Sewer Improve-
ments in the alley running from Vinton Street
to Toledo Street between Inwood Avenue and
Oneida Avenue, in the City of Dubuque was
adopted.
RESOLUTION NO. 204-19
ACCEPTING PUBLIC SANITARY SEWER
IMPROVEMENTS IN THE ALLEY RUNNING
FROM VINTON STREET TO TOLEDO
STREET, BETWEEN INWOOD AVENUE
AND ONEIDA AVENUE, IN THE CITY OF
DUBUQUE, IOWA
Whereas, pursuant to Sanitary Sewer
Construction Agreement dated July 13, 2018,
a copy of which is attached hereto, certain
public improvements including sanitary sewer
and appurtenances, were installed by Merrick
208 Regular Session June 3, 2019 Book 149
Construction and Development Corporation;
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 accord-
ance with the plans approved by the City
Council and in conformance with City specifi-
cations, and has recommended that the im-
provements 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
improvements in the alley running from Vinton
Street to Toledo Street, between Inwood Ave-
nue and Oneida Avenue be and the same is
hereby accepted.
Section 2. Maintenance of said public im-
provements shall be the responsibility of the
owners, Merrick Construction and Develop-
ment Corporation, for a period of two (2) years
from the date of this resolution.
Passed, approved, and adopted this 3rd
day of June 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
15. Acceptance of Grants of Easements for
Sidewalk and Public Utilities, Public Electric
Utilities, and Public Utilities - 22nd St. / Kauf-
mann Ave. Storm Sewer Improvement Project:
City Manager recommending acceptance of
Grants of Easement from the property owners
along Kaufmann Avenue for Sidewalk and
Public Utilities, Public Electric Utilities, and
Public Utilities across properties along Kauf-
mann Avenue as part of the 22nd
Street/Kaufmann Avenue Storm Sewer Im-
provements Project (White Street to Kleine
Street). Upon motion the documents were re-
ceived and filed, and Resolution No. 205-19
Accepting Grants of Easement for Sidewalk,
public utilities, and public electric utilities asso-
ciated with the 22nd Street/Kaufmann Avenue
Storm Sewer Improvements Project, White
Street to Kleine Street, in the city of Dubuque
was adopted.
RESOLUTION NO. 205-19
ACCEPTING GRANTS OF EASEMENT FOR
SIDEWALK, PUBLIC UTILITIES, AND PUB-
LIC ELECTRIC UTILITIES ASSOCIATED
WITH THE 22ND STREET/KAUFMANN AVE-
NUE STORM SEWER IMPROVEMENTS
PROJECT, WHITE STREET TO KLEINE
STREET, IN THE CITY OF DUBUQUE, IOWA
Whereas, AAA Car Care Center, INC, has
executed a Grant of Easement for Sidewalk
and Public Utilities across Part of Lot 8A of
L.H. Langworthy’s Addition, in the City of
Dubuque, Iowa; and
Whereas, the Revocable Living Trust of
Nick A. Helgerson and Sondra J. Helgerson,
has executed a Grant of Easement for Public
Electric Utilities across Part of Lot 1-21 of Tivo-
li’s Addition, in the City of Dubuque, Iowa; and
Whereas, Jeremy R. Valentine, has exe-
cuted a Grant of Easement for Public Utilities
across Part of Lot 3 of Weland’s Subdivision,
in the City of Dubuque, Iowa; and
Whereas, JRK Properties, LLC, has exe-
cuted a Grant of Easement for Public Utilities
across Part of Lot 4 of Weland’s Subdivision,
in the City of Dubuque, Iowa; and
Whereas, Melissa A. Stock, has executed
a Grant of Easement for Public Utilities across
Part of Lot 12, and the West 7 ½ feet of Lot 11,
in Cushing’s Addition, in the City of Dubuque,
Iowa; and
Whereas, GRTD Investments, LLC, has
executed a Grant of Easement for Public Utili-
ties across Part of Lot 2 of Lot 1, Lot 2 of Lot 2,
and Lot 14, of Cushing’s Addition, in the City of
Dubuque, Iowa; and
Whereas, Dale P. Kleinschrodt and Karen
A. Kleinschrodt, have executed a Grant of
Easement for Public Utilities across Part of the
West Half of Lot 3-143 of L.H. Langworthy’s
Addition, in the City of Dubuque, Iowa; and
Whereas, Stephanie R. Walker and Darrell
Walker Jr., have executed a Grant of Ease-
ment for Public Utilities across Part of Lot 1-2-
2-147 of L.H. Langworthy’s Addition, in the
City of Dubuque, Iowa; and
Whereas, Julie A. Stierman and Eric B.
Stierman, have executed a Grant of Easement
for Sidewalk and Public Utilities across Part of
Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 147, and
the West half of Lot 1 of Lot 1 of Lot 2 of Lot
147, in L.H. Langworthy’s Addition, in the City
of Dubuque, Iowa; and
Whereas, Vance F. Koehler and Lindsay
Koehler-Plath, have executed a Grant of
Easement for Sidewalk and Public Utilities
across Part of Cornelia Place, in the City of
Dubuque, Iowa; and
Whereas, said plat conforms to the laws
and statutes pertaining thereto.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The City Council of the City of
Dubuque, Iowa, hereby approves of, accepts
and consents to the Grants of Easement for
Sidewalk and Public Utilities, and the Grants of
Easement for Public Electric Utilities, and the
Grants of Easement for Public Utilities, across
the properties as listed above, in the City of
Dubuque, Iowa from the property owners as
listed above, copies of which are attached
hereto.
Section 2. The Mayor is hereby authorized
and directed to execute and acknowledge on
209 Regular Session June 3, 2019 Book 149
behalf of the City of Dubuque any instruments
in connection herewith.
Section 3. That the City Clerk be and is
hereby authorized and directed to record a
certified copy of this resolution with each said
Grants of Easement for Sidewalk and Public
Utilities, Grants of Easement for Public Electric
Utilities, and the Grants of Easement for Public
Utilities, in the offices of the City Assessor,
Dubuque County Recorder, and Dubuque
County Auditor.
Passed, approved, and adopted this 3rd
day of June 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
16. 2019 Asphalt Overlay Access Ramp
Project Three: City Manager recommending
that the award for the 2019 Asphalt Overlay
Access Ramp Project Three be officially rec-
orded in the minutes of the City Council. Upon
motion the documents were received, filed and
made a Matter of Record.
17. Award of Public Improvement Contract
for 15 South Main Street (Parcel 106) Site
Utility Disconnect Project: City Manager rec-
ommending that the award for the 15 South
Main Street Site Utility Disconnect Project be
officially recorded in the minutes of the City
Council. Upon motion the documents were
received, filed and made a Matter of Record.
18. Award of Public Improvement Contract
for 15 South Main Street (Parcel 106) Building
Deconstruction Project: City Manager recom-
mending that the award for the 15 South Main
Street Building Deconstruction Project be offi-
cially recorded in the minutes of the City
Council. Upon motion the documents were
received, filed and made a Matter of Record.
19. Signed Contract(s): Dupaco Voices,
LLC Temporary Parking License Agreement
for parking lot at 1100 Jackson Street. Upon
motion the document was received and filed.
20. Improvement Contracts / Performance,
Payment and Maintenance Bonds: Drew Cook
& Sons Excavating, Co. for the 2019 Asphalt
Overlay Ramp Project One; Giese Roofing
Company for the Historic Federal Building
Roof Restoration Project; Midwest Concrete,
Inc. for the NW Arterial/Pennsylvania Avenue
Right-Turn Lane Project and the 2019 Asphalt
Overlay Ramp Project Two; Top Grade Exca-
vating, Inc. for the Creek Wood Drive Storm
Outlet Repair; Tschiggfrie Excavating for the
Sanitary Manhole Reconstruction Project
2019. Upon motion the documents were re-
ceived, filed and approved.
21. Alcohol and Tobacco License Applica-
tions: City Manager recommending approval of
annual liquor, beer, wine and tobacco license
applications as submitted. Upon motion the
documents were received and filed, and Reso-
lution No. 206-19 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; and Resolution No.
207-19 Approving applications for retail ciga-
rette/tobacco sales/nicotine/vapor permits, as
required by Iowa Code Chapter 453A.47A
were adopted.
RESOLUTION NO. 206-19
APPROVING APPLICATIONS FOR BEER,
LIQUOR, AND/OR WINE PERMITS, AS RE-
QUIRED BY CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 4 BUSINESS AND LI-
CENSE REGULATIONS, CHAPTER 2 LIQ-
UOR CONTROL, ARTICLE B LIQUOR,
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 re-
quirements 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 di-
rected to cause to be issued the noted permit
types to the following applicants pending sub-
mission of the locally required documentation:
Renewals
Buffalo Wild Wings, 2805 Northwest Arterial,
Class C Liquor (Outdoor) (Sunday)
Hilton Garden Inn & Q Casino & Houlihan's,
1801 & 1855 Greyhound Park Dr., Class B
Liquor, Class B Wine (Catering) (Outdoor)
(Sunday)
Mason Dixon Saloon, 163 Main St., Class C
Liquor (Sunday)
Walgreens #06154, 2260 J F Kennedy Rd.,
Class E Liquor, Class B Wine, Class C Beer
(Sunday)
Walgreens #09708, 55 J F. Kennedy Rd.,
Class E Liquor, Class B Wine, Class C Beer
(Sunday)
Premise Update
Backpocket Brewing Taproom, 333 E. 10th St.,
Adding front communal area to premise
New
Super Stop IV, 535, Hill St. Suite A, Class E
Liquor
210 Regular Session June 3, 2019 Book 149
Special Event(s) per Special Event Application
Submittal
Faj Squad 5K, 6201 Chavenelle Rd., Class B
Beer (Outdoor)
Phoenix Theatres Kennedy Mall, 555 John F.
Kennedy Rd. #105, Class C Liquor (Outdoor)
Shenanigans Pub, 3203 Jackson St., Class C
Liquor (Outdoor) (Sunday)
Passed, approved, and adopted this 3rd
day of June 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 207-19
APPROVING APPLICATIONS FOR RETAIL
CIGARETTE / TOBACCO SALES / NICO-
TINE / VAPOR PERMITS, AS REQUIRED BY
IOWA CODE 453A.47A
Whereas, applications for Ciga-
rette/Tobacco Sales have been submitted and
filed with the City Council for approval and the
same have been examined and approved; and
Whereas, the premises to be occupied by
such applicants were inspected and found to
comply with the Ordinances of the City and the
applicants have filed the proper fees and oth-
erwise complied with the requirements of the
Code of Ordinances.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The City Clerk is hereby authorized and di-
rected to cause to be issued the following
named applicants and locations for ciga-
rette/tobacco sales permit and for that permit
to become active on June 9, 2019.
Business Name, Business Address
Super Stop IV, 535 Hill St.
Passed, approved, and adopted this 3rd
day of June, 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
ITEMS SET FOR PUBLIC HEARING
1. 3000 Jackson/Brewing & Malting - First
Amendment to Development Agreement: City
Manager recommending that recommends the
City Council set a public hearing for June 17
on the First Amendment to Development
Agreement between the City of Dubuque and
3000 Jackson, LC. for a capital investment at
3000-3040 Jackson Street, including the issu-
ance of tax increment revenue obligations.
Upon motion the documents were received
and filed, and Resolution No. 208-19 Fixing
the date for a public hearing of the City Council
of the City of Dubuque, Iowa on the approval
of a 1st Amendment to Development Agree-
ment between the City of Dubuque and 3000
Jackson, LC, including the issuance of Urban
Renewal Tax Increment Revenue Obligations,
and providing for the publication of notice
thereof was adopted setting a public hearing
for a meeting to commence at 6:00 p.m. on
June 17, 2019 in the Historic Federal Building.
RESOLUTION NO. 208-19
FIXING THE DATE FOR A PUBLIC HEAR-
ING OF THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA ON THE APPROVAL
OF A FIRST AMENDMENT TO DEVELOP-
MENT AGREEMENT BETWEEN THE CITY
OF DUBUQUE AND 3000 JACKSON, LC,
INCLUDING THE ISSUANCE OF URBAN
RENEWAL TAX INCREMENT REVENUE
OBLIGATIONS, AND PROVIDING FOR THE
PUBLICATION OF NOTICE THEREOF
Whereas, the City Council, by Resolution
No. 175-18, dated June 4, 2018, entered into a
Development Agreement with 3000 Jackson,
LC for the redevelopment of 3000-3040 Jack-
son Street in the City of Dubuque, Iowa (the
Property); and
Whereas, the City and 3000 Jackson, LC
have entered into a First Amendment to the
Development Agreement, subject to the ap-
proval of the City Council, for the rehabilitation
of property located at 3000-3040 Jackson
Street, a copy of which Development Agree-
ment is now on file at the Office of the City
Clerk, City Hall, 50 W. 13th Street, Dubuque,
Iowa; and
Whereas, the City Council has tentatively
determined that it would be in the best inter-
ests of the City to approve the First Amend-
ment with 3000 Jackson, LC; and
Whereas, the Development Agreement
and First Amendment provide for the issuance
of Urban Renewal Tax Increment Revenue
Obligations, as provided by Iowa Code Chap-
ter 403; and
Whereas, before said Obligations may be
approved, Iowa Code Chapter 403 requires
that the City Clerk publish a notice of the pro-
posal and of the time and place of the meeting
at which the City Council proposes to take
action thereon and at which meeting the City
Council shall receive oral and/or written objec-
tions from any resident or property owner of
said City to such proposed action.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The City Clerk is hereby author-
ized and directed to cause a notice to be pub-
lished as prescribed by Iowa Code Section
403.9 of a public hearing on the City's intent to
approve the First Amendment to Development
Agreement and the issuance of Urban Renew-
al Tax Increment Revenue Obligations, to be
held on the 17th day of June, 2019, at 6:00
o'clock p.m. in the City Council Chambers at
the Historic Federal Building, 350 W. 6th St.,
Dubuque, Iowa. It is expected that the aggre-
gate amount of the Tax Increment Revenue
211 Regular Session June 3, 2019 Book 149
obligations to be issued will be approximately
$2,575,037.
Section 2. The Clerk is hereby directed to
cause at least one publication to be made of a
notice of said meeting, in a newspaper, printed
wholly in the English language, published at
least once weekly, and having general circula-
tion in said City, said publication to be not less
than four days nor more than twenty days be-
fore the date of said meeting on the issuance
of said obligations. The notice of the proposed
action to issue said obligations shall be in sub-
stantially the form attached hereto.
Passed, approved, and adopted this 3rd
day of June, 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 ap-
pointments will be made at the next City
Council meeting.
1. Airport Commission: One, 4-Year term
through September 14, 2021 (Vacant term of
Even). Applicant: Mariann Kurtz Weber, 955
Prince Phillip Dr. Ms. Kurtz Weber spoke in
support of her appointment and provided a
brief biography.
2. Arts and Cultural Affairs Advisory Com-
mission: Three, 3-Year terms through June 30,
2022 (Expiring terms of Armstrong, Levasseur,
and Riedel). Applicants: Ryan Decker, 1192
Locust St. #3; Ali Levasseur, 1318 Jackson
St.; Susan Riedel, 282 Kelly’s Bluff. Ms. Riedel
spoke in support of her appointment and pro-
vided a brief biography.
3. Civic Center Advisory Commission:
Three, 3-Year terms through June 29, 2022
(Expiring terms of Bakke, Blau, and Huff). Ap-
plicants: Rod Bakke, 3030 Karen St.; McKen-
zie Blau, 1548 Pego Ct.; Nicholas Huff, 3075
Old Country Ct.
4. Historic Preservation Commission: One,
3-Year term through July 1, 2022 (Expiring
term Stuter; W. 11th Street District). Applicant:
Charles Richard (Rick) Stuter, 1296 Prairie St.
(Living within the West 11th District).
5. Investment Oversight Advisory Commis-
sion: Two, 3-Year terms through July 1, 2022
(Expiring terms of Reisdorf and Ruden). Appli-
cants: Stephen Reisdorf, 740 Brookview Sq.;
Gary Ruden, (Address verified).
6. Library Board of Trustees: Two, 4-Year
terms through July 1, 2023 (Expiring terms of
Maddux and Mullin). Applicants: Rachel
Broeke, 1241 Jackson St.; Victor Lieberman,
1575 Montrose Terrace; Kevin Mink, 831 Alta
Vista; Pam Mullin, 2050 Mullin Rd. Ms.
Broeke, Mr. Lieberman, Mr. Mink and Ms.
Mullin spoke in support of their respective ap-
pointments and provided brief biographies.
7. Park and Recreation Advisory Commis-
sion: Three, 3-Year terms through June 30,
2022 (Expiring terms of Kirkendall, McCoy,
and Werner). Applicants: Robert McCoy, 265
Main St.; Ray Werner, 2595 Greeley St.; Hobie
Wood, 65 Cambridge Ct. Mr. Werner and Mr.
Wood spoke in support of their respective ap-
pointments and provided brief biographies.
8. Resilient Community Advisory Commis-
sion: One, 3-Year term through July 1, 2022
(Expiring term of Specht). Applicant: Leah
Specht, 3248 Bittersweet Ln. Ms. Specht
spoke in support of her appointment and pro-
vided a brief biography.
9. Human Rights Commission: One, 3-
Year term through January 1, 2021 (Vacant
term of Melchert). Applicants: Dan Chatfield,
2780 Pennsylvania Ave.; Michael Durnin, 3560
Pennsylvania Ave.; Jason Keeler, 3259 Ar-
rowwood Ln.; and Samuel Wright, 508 West
Locust St. Upon roll-call vote and Council
Member Jones amending his vote from Durnin
to Keeler, Jason Keeler (Del Toro, Jones,
Resnick, Rios) was appointed to the 3-year
term through January 2021. (Chatfield = -0-;
Wright = Larson and Shaw; Durnin = Buol)
PUBLIC HEARINGS
1. Residential Parking Permit District H
Amendment - Key Way Drive: Proof of publica-
tion on notice of public hearing to consider
approval of an Amendment to Residential
Parking Permit District H to add Key Way
Drive, both sides, from Pennsylvania Avenue
to Keymont Drive with current day/time parking
restrictions being assumed for this addition,
and the City Manager recommending approv-
al. Motion by Jones to receive and file the
documents and that the requirement that a
proposed ordinance be considered and voted
on for passage at two Council meetings prior
to the meeting at which it is to be passed be
suspended. Seconded by Resnick. Roger Al-
len, 1766 Keyway Drive; and Gary Smith, 1780
Keyway Drive, each spoke in support of the
amendment citing the overflow student parking
from Hempstead High School is creating a
safety issue on Keyway Drive with added
trash, noise, fowl behavior and accidents. Mo-
tion carried 7-0.
212 Regular Session June 3, 2019 Book 149
Motion by Jones for final consideration and
passage of Ordinance No. 27-19 Amending
City of Dubuque Code of Ordinances Title 9
Motor Vehicles and Traffic, Chapter 14 Park-
ing, Division 7 Residential Parking Permit Pro-
gram, Section 9-14-321.740 Residential Park-
ing Permit District H. Seconded by Resnick.
OFFICIAL PUBLICATION
ORDINANCE NO. 27-19
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 9 MOTOR VEHICLES
AND TRAFFIC, CHAPTER 14 PARKING,
DIVISION 7 RESIDENTIAL PARKING PER-
MIT PROGRAM, SECTION 9-14-321.740
RESIDENTIAL PARKING PERMIT DISTRICT
H
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 9-14-321.740 of the City
of Dubuque Code of Ordinance is hereby
amended to read as follows:
9-14-321.740: RESIDENTIAL PARKING
PERMIT DISTRICT H:
A. The following described area constitutes
a residential parking permit district designated
as residential parking permit district H:
Hansel Drive, between Keystone Drive
and Keymont Drive.
Keymont Drive from Key Way Drive to its
westerly terminus.
Phyllrich Drive from Keystone Drive to
Keymont Drive
Keystone Drive from Phyllrich to its west-
erly terminus.
Norland Drive, both sides, from Keymont
Drive to Keystone Drive
Key Way Drive, both sides, from Penn-
sylvania Avenue to Keymont Drive
B. No vehicles shall park curbside in Resi-
dential Parking Permit District H during the
hours of seven o'clock (7:00) a.m. to three
o'clock (3:00) p.m., on school days only, with-
out displaying a valid parking permit issued by
the City.
Section 2. This Ordinance shall take effect
upon publication.
Passed, approved, and adopted this 3rd
day of June 2019.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 7th day of June 2019.
/s/Kevin S. Firnstahl, City Clerk
2. Sale of City-Owned Property at 1100
Roosevelt Street: Proof of publication on no-
tice of public hearing to consider approval of a
Resolution and Special Warranty Deed dispos-
ing of City-owned real property located at 1100
Roosevelt Street to Dubuque and Jackson
County Habitat for Humanity (Habitat), and the
City Manager recommending approval. Motion
by Larson to receive and file the documents
and adopt Resolution No. 209-19 Disposing of
City Interest in Real Estate Located at 1100
Roosevelt Street, in the City of Dubuque, Iowa.
Seconded by Del Toro. Motion carried 7-0.
RESOLUTION NO. 209-19
DISPOSING OF CITY INTEREST IN REAL
ESTATE LOCATED AT 1100 ROOSEVELT
STREET, IN THE CITY OF DUBUQUE, IOWA
Whereas, the City Council, by Resolution
No. 140-B-19, dated May 20, 2019, declared
its intent to dispose of City interest in real
property located at 1100 Roosevelt Street,
legally described as:
Lot 4 of Wersinger Subdivision in the
City of Dubuque, Iowa, according to the
recorded plat thereof; and
Whereas, pursuant to published notice, a
public hearing was held on the proposed dis-
position on June 3, 2019, at 6:00 p.m. in the
Historic Federal Building, 350 W. 6th Street,
Dubuque, Iowa; and
Whereas, Dubuque and Jackson County
Habitat for Humanity has signed an offer to
purchase; and
Whereas, Dubuque and Jackson County
Habitat for Humanity will rehabilitate the prop-
erty and sell the property as a single-family
residence to an income qualified family; and
Whereas, the City Council finds that it is in
the best interest of the City to approve the
disposition of such interest in the Property to
Dubuque and Jackson County Habitat for Hu-
manity.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The City of Dubuque hereby ap-
proves the disposition of the City’s interest in
the following legally described property:
Lot 4 of Wersinger Subdivision in the
City of Dubuque, Iowa, according to the
recorded plat thereof.
Section 2. The Mayor is hereby authorized
and directed to provide a Special Warranty
Deed to the buyer, conveying the City’s inter-
est to Dubuque and Jackson County Habitat
for Humanity for the herein-described real es-
tate.
Section 3. The City Clerk is hereby author-
ized and directed to cause said Special War-
ranty Deed to be recorded in the Office of the
Dubuque County Recorder.
Passed, approved and adopted this 3rd day
of June 2019.
Roy D. Buol, Mayor
Attest: Kevin Firnstahl, City Clerk
3. Request to Rezone Silver Oaks Estates
Phase II (Elmwood/Silver Oaks Drives): Proof
of publication on notice of public hearing to
213 Regular Session June 3, 2019 Book 149
consider approval of a request from Royal
Oaks Development Corporation, Silver Oaks
Estates, Phase II (Elmwood/Silver Oaks
Drives), to rezone property from County R-2 to
City R-2 Two-Family Residential in conjunction
with annexation; and the Zoning Advisory
Commission recommending approval. Motion
by Jones to receive and file the documents
and that the requirement that a proposed ordi-
nance be considered and voted on for pas-
sage at two Council meetings prior to the
meeting at which it is to be passed be sus-
pended. Seconded by Resnick. Planning Ser-
vices Manager Laura Carstens provided a staff
report. Referencing the concurrent request for
annexation (Action Item #2), Ms. Carstens
responded to questions from the City Council
regarding the developer’s responsibility for
street maintenance, City services that will be-
come available with annexation, and the Code
requirement regarding 50-foot adjacency for
annexation. Motion carried 7-0.
Motion by Jones for final consideration and
passage of Ordinance No. 28-19 Amending
Title 16 of the City of Dubuque Code of Ordi-
nances, Unified Development Code, by reclas-
sifying hereinafter described property, in con-
junction with annexation, located along Silver
Oaks Drive from County R-2 Single-Family
Residential District to City R-2 Two-Family
Residential District. Seconded by Resnick.
Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 28-19
AMENDING TITLE 16 OF THE CITY OF
DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY RECLAS-
SIFYING HEREINAFTER DESCRIBED
PROPERTY, IN CONJUNCTION WITH AN-
NEXATION, LOCATED ALONG SILVER
OAKS DRIVE FROM COUNTY R-2 SINGLE-
FAMILY RESIDENTIAL DISTRICT TO CITY
R-2 TWO-FAMILY RESIDENTIAL 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, the Unified
Development Code, is hereby amended by
reclassifying the hereinafter described proper-
ty, in conjunction with annexation, from County
R-2 Single-Family Residential District to City
R-2 Two-Family Residential District, to wit:
Lot A in Silver Oaks and Lots 31 thru 42,
inclusive, in Silver Oaks Estates Subdivision,
Dubuque County, Iowa, and Lots 1 and 2 of
Walter Metcalf Place in Section 23, Township
88 North, Range 2 East of the 5th P.M., in
Dubuque County, 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 3rd
day of June 2019.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 7th day of June 2019.
/s/Kevin S. Firnstahl, City Clerk
4. Royal Oaks Development Corporation
Request for Voluntary Annexation: Proof of
publication on notice of public hearing to con-
sider approval of a 100% voluntary annexation
request filed by Royal Oaks Development
Corporation for approximately 106.96 acres of
property located at the intersection of
Elmwood Drive and Silver Oaks Drive, concur-
rent with rezoning; and the City Manager rec-
ommending approval. Motion by Resnick to
receive and file the documents and adopt
Resolution No. 210-19 Approving an applica-
tion for voluntary annexation of territory to the
City of Dubuque, Iowa. Seconded by Jones.
City Manager Van Milligen added that the Po-
lice Department has added 16 positions and
created a new police beat, while the Fire De-
partment is planning for an additional fire sta-
tion in the Southwest Corridor in anticipation of
annexation. Motion carried 7-0.
RESOLUTION NO. 210-19
APPROVING AN APPLICATION FOR VOL-
UNTARY ANNEXATION OF TERRITORY TO
THE CITY OF DUBUQUE, IOWA
Whereas, the City Council of Dubuque has
received a written application from Royal Oaks
Development Corporation for the voluntary
annexation of 106.96 acres of property which
includes 0.99 acres of Dubuque County right-
of-way located at the intersection of Elmwood
Drive and Silver Oaks Drive with connection to
the city of Dubuque by Elmwood Drive right-of-
way as shown on Exhibit A and legally de-
scribed as:
Lot A, and Lots 31 thru 42, inclusive, of Sil-
ver Oaks Estates, in Dubuque County, Iowa;
and
Lots 1 and 2 of Walter Metcalf Place, in
Dubuque County, Iowa; and
All that part of the right of way of
Elmwood Drive lying south of the south
right of way line of Metcalf Lane, ex-
tended northwesterly, in Dubuque
County, Iowa; and
Whereas, the annexation territory is not
subject to an existing annexation moratorium
agreement and does not include any State or
railroad property; and
214 Regular Session June 3, 2019 Book 149
Whereas, the annexation territory does in-
clude Dubuque County right-of-way; and
Whereas, Chapter 368 of the Code of Iowa
authorizes this annexation by adoption of a
resolution and required notification; and
Whereas, the annexation territory is con-
sistent with the City’s Comprehensive Plan;
and
Whereas, the future growth and develop-
ment of the City of Dubuque, Iowa makes it
desirable that the annexation territory be made
part of the City of Dubuque, Iowa; and
Whereas, the City of Dubuque has the ca-
pacity to provide substantial municipal services
to the annexation territory; and
Whereas, the annexation is in the public in-
terest.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The application for the voluntary
annexation of property owned by Royal Oaks
Development Corporation consisting of 106.96
acres of property which includes 0.99 acres of
Dubuque County right-of-way located at the
intersection of Elmwood Drive and Silver Oaks
Drive with connection to the city of Dubuque
by Elmwood Drive right-of-way as shown on
Exhibit A and legally described as:
Lot A, and Lots 31 thru 42, inclusive, of
Silver Oaks Estates, in Dubuque County,
Iowa; and
Lots 1 and 2 of Walter Metcalf Place, in
Dubuque County, Iowa; and
All that part of the right of way of
Elmwood Drive lying south of the south
right of way line of Metcalf Lane, extend-
ed northwesterly, in Dubuque County,
Iowa;
is hereby approved for annexation to the City
of Dubuque.
Section 2. Subject to the acknowledgement
by the Secretary of State that the legal de-
scription, map and resolution have been re-
ceived, the corporate limits of the City of
Dubuque be and they hereby extended to in-
clude the 106.96 acres of property which in-
cludes 0.99 acres of Dubuque County right-of-
way located at the intersection of Elmwood
Drive and Silver Oaks Drive with connection to
the city of Dubuque by Elmwood Drive right-of-
way as shown on Exhibit A.
Section 3. The City Council does hereby
certify that the City of Dubuque has complied
with the notice and hearing requirements of
the Iowa Code pertaining to 100% voluntary
annexation of territory not in urbanized area of
another city.
Section 4. The territory hereby annexed
shall become a part of Ward One of the City of
Dubuque.
Section 5. The City Clerk shall file this res-
olution, all exhibits and the applications for
voluntary annexation with the Secretary of
State in accordance with the provisions of
Chapter 368 of the Iowa Code.
Passed, approved, and adopted this 3rd
day of June 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 7th day of June 2019.
/s/Kevin S. Firnstahl, City Clerk
5. 2019 Pavement Marking Project: Proof
of publication on notice of public hearing to
consider approval of the plans, specifications,
form of contract and estimated cost for the
2019 Pavement Marking Project, and the City
Manage recommending approval. Motion by
Shaw to receive and file the documents and
adopt Resolution No. 211-19 Approval of
plans, specifications, form of contract, and
estimated cost for the 2019 Pavement Marking
Project. Seconded by Resnick. Motion carried
7-0.
RESOLUTION NO. 211-19
APPROVAL OF PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATED
COST FOR THE 2019 PAVEMENT MARK-
ING 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 cost for the
2018 Pavement Marking Project, in the esti-
mated amount $115,000.00, are hereby ap-
proved.
Passed, adopted, and approved this 3rd
day of June 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
6. Central Avenue (9th - 21st Streets) Hot
Mix Asphalt (HMA) Pavement Resurfacing
Project: Proof of publication on notice of public
hearing to consider approval of plans, specifi-
cations, form of contract and estimated cost for
the Central Avenue (9th - 21st Streets) HMA
Pavement Resurfacing Project, and the City
Manager recommending approval. Motion by
Resnick to receive and file the documents and
adopt Resolution No. 212-19 Approval of
plans, specifications, form of contract, and
estimated cost for the Central Avenue (9th -
21st) HMA Pavement Resurfacing Project.
Seconded by Larson. Motion carried 7-0.
RESOLUTION NO. 212-19
APPROVAL OF PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATED
COST FOR THE CENTRAL AVENUE (9TH -
21ST) HMA PAVEMENT RESURFACING
PROJECT
215 Regular Session June 3, 2019 Book 149
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
Central Avenue (9th - 21st) HMA Pavement
Resurfacing Project, in the estimated amount
$1,575,920.00, are hereby approved.
Passed, adopted and approved this 3rd day
of June 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
PUBLIC INPUT
Antonin (Nino) Erba, 1555 Montrose Ter-
race, expressed his concerns with the City
using Wells Fargo Bank, N.A, as the agent and
registrar for the City’s upcoming bond issu-
ance in light of recent issues experienced by a
branch of the bank.
ACTION ITEMS
1. Greater Dubuque Development Corpo-
ration - Quarterly Update: President and CEO
Rick Dickinson presented a verbal report on
the activities of the Greater Dubuque Devel-
opment Corporation. Highlights included in-
formation on Dubuque’s record-low unem-
ployment in comparison to Iowa cities with a
large percentage of government jobs due to
state universities and hospitals; metro/regional
area record-high employment, Northeast Iowa
Community College’s skills training success;
tools to recruit, retain and create talent; and
the value of diversity in the work force. Mr.
Dickinson encourage subscription to GDDC’s
online newsletter and noted there is broad-
band news to come. Motion by Jones to re-
ceive and file the information. Seconded by
Resnick. Motion carried 7-0.
2. Proceedings for Directing Sale of
$2,295,000 Tax-Exempt General Obligation
Bonds, Series 2019A, $860,000 Taxable Gen-
eral Obligation Bonds, Series 2019B, and
$4,435,000 Tax-Exempt General Obligation
Refunding Bonds, Series 2019C and Awarding
Bonds to Best Bidder: City Manager recom-
mending approval of the suggested proceed-
ings for directing sale of the $2,295,000 Tax -
Exempt General Obligation Bonds, Series
2019A, $860,000 Taxable General Obligation
Bonds, Series 2019B, and $4,435,000 Tax-
Exempt General Obligation Refunding Bonds,
Series 2019C, and awarding the bonds to the
best bidder. Motion by Resnick to receive and
file the documents and adopt the Resolutions.
Seconded by Del Toro. Tionna Pooler, Presi-
dent of Independent Public Advisors, reviewed
the morning’s bond sale results and responded
to questions from the City Council regarding
the City’s bond rating. Motion carried 7-0.
SERIES 2019A: Resolution No. 213-19 Di-
recting Sale of $2,295,000* (Subject to ad-
justment per terms of Offering) General Obli-
gation Bonds, Series 2019A; Resolution No.
214-19 Appointing Wells Fargo Bank, N.A. of
Minneapolis, Minnesota, to serve as Paying
Agent, Bond Registrar, and Transfer Agent,
Approving the Paying Agent and Bond Regis-
trar and Transfer Agent Agreement and Au-
thorizing the execution of the Agreement;
Resolution No. 215-19 Authorizing and provid-
ing for the issuance of $2,240,000 General
Obligation Bonds, Series 2019A, and levying a
tax to pay said Bonds; approval of the Tax
Exemption Certificate and Continuing Disclo-
sure Certificate
SERIES 2019B: Resolution No. 216-19 Di-
recting sale of $860,000* (Subject to adjust-
ment per terms of Offering) Taxable General
Obligation Bonds, Series 2019B; Resolution
No. 217-19 Appointing Wells Fargo Bank, N.A.
of Minneapolis, Minnesota, to serve as Paying
Agent, Bond Registrar, and Transfer Agent,
approving the Paying Agent and Bond Regis-
trar and Transfer Agent Agreement and au-
thorizing the execution of the Agreement;
Resolution No. 218-19 Authorizing and provid-
ing for the issuance of $860,000 Taxable Gen-
eral Obligation Bonds, Series 2019B, and levy-
ing a tax to pay said Bonds; approval of the
Continuing Disclosure Certificate
SERIES 2019C: Resolution No. 219-19 Di-
recting sale of $4,435,000* (Subject to adjust-
ment per terms of Offering) General Obligation
Refunding Bonds, Series 2019C; Resolution
No. 220-19 Authorizing the redemption of out-
standing General Obligation Bonds, Series
2012D was removed from the sale), of the City
of Dubuque, State of Iowa, dated June 28,
2012, and directing notice be given; Resolution
No. 221-19 Appointing Wells Fargo Bank, N.A.
of Minneapolis, Minnesota, to serve as Paying
Agent, Bond Registrar, and Transfer Agent,
approving the Paying Agent and Bond Regis-
trar and Transfer Agent Agreement and Au-
thorizing the execution of the Agreement;
Resolution No. 222-19 Authorizing and provid-
ing for the issuance of $4,240,000 General
Obligation Refunding Bonds, Series 2019C,
and levying a tax to pay said Bonds; approval
of the Tax Exemption Certificate and Continu-
ing Disclosure Certificate
RESOLUTION NO. 213-19
DIRECTING SALE OF $2,295,000* (SUB-
JECT TO ADJUSTMENT PER TERMS OF
OFFERING) GENERAL OBLIGATION
BONDS, SERIES 2019A
Whereas, bids have been received for the
Bonds described as follows and the best bid
216 Regular Session June 3, 2019 Book 149
received (with permitted adjustments, if any) is
determined to be the following:
$2,295,000* (SUBJECT TO ADJUSTMENT
PER TERMS OF OFFERING) GENERAL
OBLIGATION BONDS, SERIES 2019A
Bidder: Bernardi Securities of Chicago, IL
The terms of award:
Final Par Amount as adjusted: $2,240,000
Purchase Price as adjusted: $2,282,071.70
True Interest Rate: 2.822749%
Net Interest Cost: $831,881.63
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, STATE OF IOWA THAT:
Section 1 The bid for the Bonds as above
set out is hereby determined to be the best
and most favorable bid received and, the
Bonds are hereby awarded as described
above.
Section 2. The statement of information for
Bond bidders and the form of contract for the
sale of the Bonds are hereby approved and
the Mayor and Clerk are authorized to execute
the same on behalf of the City.
Section 3. The notice of the sale of the
Bonds heretofore given and all acts of the
Clerk done in furtherance of the sale of the
Bonds are hereby ratified and approved.
Passed and approved this 3rd day of June
2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 214-19
APPOINTING WELLS FARGO BANK, N.A.
OF MINNEAPOLIS, MINNESOTA, TO SERVE
AS PAYING AGENT, BOND REGISTRAR,
AND TRANSFER AGENT, APPROVING THE
PAYING AGENT AND BOND REGISTRAR
AND TRANSFER AGENT AGREEMENT AND
AUTHORIZING THE EXECUTION OF THE
AGREEMENT
Whereas, $2,295,000 General Obligation
Bonds, Series 2019A, dated June 20, 2019,
have been sold and action should now be tak-
en to provide for the maintenance of records,
registration of certificates and payment of prin-
cipal and interest in connection with the issu-
ance of the Bonds; and
Whereas, this Council has deemed that the
services offered by Wells Fargo Bank, N.A. of
Minneapolis, Minnesota, are necessary for
compliance with rules, regulations, and re-
quirements governing the registration, transfer
and payment of registered bonds; and
Whereas, a Paying Agent, Bond Registrar
and Transfer Agent Agreement (hereafter
“Agreement”) has been prepared to be entered
into between the City and Wells Fargo Bank,
N.A.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, STATE OF IOWA THAT:
1. Wells Fargo Bank, N.A. of Minneapolis,
Minnesota, is hereby appointed to serve as
Paying Agent, Bond Registrar and Transfer
Agent in connection with the issuance of
$2,295,000 General Obligation Bonds, Series
2019A, dated June 20, 2019.
2. The Agreement with Wells Fargo Bank,
N.A. of Minneapolis, Minnesota, is hereby ap-
proved and that the Mayor and Clerk are au-
thorized to sign the Agreement on behalf of the
City.
Passed and approved this 3rd day of June
2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 215-19
AUTHORIZING AND PROVIDING FOR THE
ISSUANCE OF $2,240,000 GENERAL OBLI-
GATION BONDS, SERIES 2019A, AND
LEVYING A TAX TO PAY SAID BONDS;
APPROVAL OF THE TAX EXEMPTION
CERTIFICATE AND CONTINUING DISCLO-
SURE CERTIFICATE
Whereas, the Issuer is duly incorporated,
organized and exists under and by virtue of the
laws and Constitution of the State of Iowa; and
Whereas, the Issuer is in need of funds to
pay costs of equipping the fire department,
including the acquisition and equipping of a
Quick Response Pumper, essential corporate
purpose(s), and it is deemed necessary and
advisable that General Obligation Bonds, to
the amount of not to exceed $10,045,000 be
authorized for said purpose(s); and
Whereas, pursuant to notice published as
required by Section 384.25 of the Code of Io-
wa, this Council has held a public meeting and
hearing upon the proposal to institute proceed-
ings for the issuance of the Bonds, and the
Council is therefore now authorized to proceed
with the issuance of said Bonds for such pur-
pose(s); and
Whereas, the City is in need of funds to
pay costs of the reconstruction, improvement
and equipping of city fire stations; and for the
Midtown Transfer Relocation project, including
improvement and construction of vehicle pull-
in and passenger waiting areas, signage,
cameras, seating and shelters, general corpo-
rate purpose(s), and it is deemed necessary
and advisable that General Obligation Bonds,
to the amount of not to exceed $700,000 be
authorized for said purpose(s); and
Whereas, the Issuer has a population of
more than 5,000 but not more than 75,000,
and the Bonds for these purposes do not ex-
ceed $700,000; and
Whereas, pursuant to notice published as
required by Section 384.26 of the Code of Io-
wa, the Council of the City has held public
meeting and hearing upon the proposal to in-
stitute proceedings for the issuance of Bonds
217 Regular Session June 3, 2019 Book 149
for general corporate purpose(s) in the
amounts as above set forth, and, no petition
for referendum having been received, the
Council is therefore now authorized to proceed
with the issuance of said Bonds for such pur-
pose(s); and
Whereas, the Issuer is in need of funds to
pay costs of aiding in the planning, undertak-
ing and carrying out of urban renewal projects
under the authority of Chapter 403 and the
Urban Renewal Plan for the Greater Down-
town Urban Renewal District, such as those
costs associated with the Multi-cultural Family
Center addition remodel, essential corporate
purpose(s), and it is deemed necessary and
advisable that General Obligation Urban Re-
newal Bonds, to the amount of not to exceed
$1,690,000 be authorized for said purpose(s);
and
Whereas, pursuant to notice published as
required by Section 384.25 and Chapter 403 of
the Code of Iowa, this Council has held a pub-
lic meeting and hearing upon the proposal to
institute proceedings for the issuance of the
Bonds, and no petition for referendum having
been received, the Council is therefore now
authorized to proceed with the issuance of
said Bonds for such purpose(s); and
Whereas, pursuant to the provisions of
Chapter 75 of the Code of Iowa, the above-
mentioned Bonds were heretofore sold at pub-
lic sale and action should now be taken to is-
sue said Bonds conforming to the terms and
conditions of the best bid received at the ad-
vertised public sale.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, STATE OF IOWA:
Section 1. Definitions. The following terms
shall have the following meanings in this Reso-
lution unless the text expressly or by neces-
sary implication requires otherwise:
• "Authorized Denominations" shall
mean $5,000 or any integral multiple
thereof.
• "Beneficial Owner" shall mean, when-
ever used with respect to a Bond, the
person in whose name such Bond is rec-
orded as the beneficial owner of such
Bond by a Participant on the records of
such Participant or such person's subro-
gee.
• "Blanket Issuer Letter of Representa-
tions" shall mean the Representation Let-
ter from the Issuer to DTC, with respect
to the Bonds.
• "Bond Fund" shall mean the fund cre-
ated in Section 3 of this Resolution.
• "Bonds" shall mean $2,240,000 Gen-
eral Obligation Bonds, Series 2019A, au-
thorized to be issued by this Resolution.
• "Cede & Co." shall mean Cede & Co.,
the nominee of DTC, and any successor
nominee of DTC with respect to the
Bonds.
• "Continuing Disclosure Certificate"
shall mean that certain Continuing Dis-
closure Certificate approved under the
terms of this Resolution and to be exe-
cuted by the Issuer and dated the date of
issuance and delivery of the Bonds, as
originally executed and as it may be
amended from time to time in accordance
with the terms thereof.
• "Depository Bonds " shall mean the
Bonds as issued in the form of one global
certificate for each maturity, registered in
the Registration Books maintained by the
Registrar in the name of DTC or its nom-
inee.
• "DTC" shall mean The Depository
Trust Company, New York, New York,
which will act as security depository for
the Bond pursuant to the Representation
Letter.
• "Issuer" and "City" shall mean the City
of Dubuque, State of Iowa.
• "Participants" shall mean those bro-
ker-dealers, banks and other financial in-
stitutions for which DTC holds Bonds as
securities depository.
• "Paying Agent" shall mean Wells Far-
go Bank, N.A. of Minneapolis, Minnesota,
or such successor as may be approved
by Issuer as provided herein and who
shall carry out the duties prescribed here-
in as Issuer's agent to provide for the
payment of principal of and interest on
the Bonds as the same shall become
due.
• "Project" shall mean the costs of
equipping the fire department, including
the acquisition and equipping of a Quick
Response Pumper; the reconstruction,
improvement and equipping of city fire
stations; the Midtown Transfer Relocation
project, including improvement and con-
struction of vehicle pull-in and passenger
waiting areas, signage, cameras, seating
and shelters; and for aiding in the plan-
ning, undertaking and carrying out of ur-
ban renewal projects under the authority
of Chapter 403 and the Urban Renewal
Plan for the Greater Downtown Urban
Renewal District, such as those costs as-
sociated with the Multi-cultural Family
Center addition remodel
• "Project Fund" shall mean the fund
required to be established by this Resolu-
tion for the deposit of the proceeds of the
Bonds.
• "Rebate Fund" shall mean the fund so
defined in and established pursuant to
the Tax Exemption Certificate.
• "Registrar" shall mean Wells Fargo-
Bank, N.A. of Minneapolis, Minnesota, or
218 Regular Session June 3, 2019 Book 149
such successor as may be approved by
Issuer as provided herein and who shall
carry out the duties prescribed herein
with respect to maintaining a register of
the owners of the Bonds. Unless other-
wise specified, the Registrar shall also
act as Transfer Agent for the Bonds.
• "Resolution" shall mean this resolu-
tion authorizing the Bonds.
• "Tax Exemption Certificate" shall
mean the Tax Exemption Certificate ap-
proved under the terms of this Resolution
and to be executed by the Treasurer and
delivered at the time of issuance and de-
livery of the Bonds.
• "Treasurer" shall mean the Director of
Finance & Budget or such other officer as
shall succeed to the same duties and re-
sponsibilities with respect to the record-
ing and payment of the Bonds issued
hereunder.
Section 2. Levy and Certification of Annual
Tax; Other Funds to be Used.
a) Levy of Annual Tax. That for the
purpose of providing funds to pay the prin-
cipal and interest of the Bonds hereinafter
authorized to be issued, there is hereby
levied for each future year the following di-
rect annual tax on all of the taxable proper-
ty in the City of Dubuque, State of Iowa, to -
wit:
AMOUNT
FISCAL YEAR
(JULY 1 TO JUNE 30)
YEAR OF COLLECTION
$63,653.33 2019/2020*
$67,200.00 2020/2021
$132,200.00 2021/2022
$135,250.00 2022/2023
$133,150.00 2023/2024
$136,050.00 2024/2025
$133,800.00 2025/2026
$136,550.00 2026/2027
$179,150.00 2027/2028
$185,400.00 2028/2029
$181,350.00 2029/2030
$177,300.00 2030/2031
$183,250.00 2031/2032
$183,900.00 2032/2033
$179,400.00 2033/2034
$179,900.00 2034/2035
$180,250.00 2035/2036
$180,450.00 2036/2037
$185,500.00 2037/2038
$180,250.00 2038/2039
*Payable from available cash on hand.
(NOTE: For example, the levy to be made
and certified against the taxable valuations of
January 1, 2018 will be collected during the
fiscal year commencing July 1, 2019.)
b) Resolution to be Filed With County
Auditor. A certified copy of this Resolution
shall be filed with the Auditor of Dubuque
County, Iowa and the Auditor is hereby in-
structed in and for each of the years as
provided, to levy and assess the tax here-
by authorized in Section 2 of this Resolu-
tion, in like manner as other taxes are lev-
ied and assessed, and such taxes so lev-
ied in and for each of the years aforesaid
be collected in like manner as other taxes
of the City are collected, and when collect-
ed be used for the purpose of paying prin-
cipal and interest on said Bonds issued in
anticipation of the tax, and for no other
purpose whatsoever.
c) Additional City Funds Available.
Principal and interest coming due at any
time when the proceeds of said tax on
hand shall be insufficient to pay the same
shall be promptly paid when due from cur-
rent funds of the City available for that pur-
pose and reimbursement shall be made
from such special fund in the amounts thus
advanced.
Section 3. Bond Fund. Said tax shall be
assessed and collected each year at the same
time and in the same manner as, and in addi-
tion to, all other taxes in and for the City, and
when collected they shall be converted into a
special fund within the Debt Service Fund to
be known as the "2019A GENERAL OBLIGA-
TION BOND FUND NO. 1" (the "Bond Fund"),
which is hereby pledged for and shall be used
only for the payment of the principal of and
interest on the Bonds hereinafter authorized to
be issued; and also there shall be apportioned
to said fund its proportion of taxes received by
the City from property that is centrally as-
sessed by the State of Iowa.
Section 4. Application of Bond Proceeds.
Proceeds of the Bonds, other than accrued
interest except as may be provided below,
shall be credited to the Project Fund and ex-
pended therefrom for the purposes of issu-
ance. Any amounts on hand in the Project
Fund shall be available for the payment of the
principal of or interest on the Bonds at any
time that other funds shall be insufficient to the
purpose, in which event such funds shall be
repaid to the Project Fund at the earliest op-
portunity. Any balance on hand in the Project
Fund and not immediately required for its pur-
poses may be invested not inconsistent with
limitations provided by law or this Resolution.
Investment of Bond Fund Proceeds. All
moneys held in the Bond Fund, provided for by
Section 3 of this Resolution shall be invested
in investments permitted by Chapter 12B,
Code of Iowa, as amended, or deposited in
financial institutions which are members of the
Federal Deposit Insurance Corporation and
the deposits in which are insured thereby and
all such deposits exceeding the maximum
amount insured from time to time by FDIC or
219 Regular Session June 3, 2019 Book 149
its equivalent successor in any one financial
institution shall be continuously secured in
compliance with Chapter 12C of the Code of
Iowa, as amended, or otherwise by a valid
pledge of direct obligations of the United
States Government having an equivalent mar-
ket value. All such interim investments shall
mature before the date on which the moneys
are required for payment of principal of or in-
terest on the Bonds as herein provided.
Section 5. Bond Details, Execution and
Redemption.
a) Bond Details. General Obligation
Bonds of the City in the amount of
$2,240,000 shall be issued pursuant to
the provisions of Sections 384.25,
384.26, 384.28 and 403.12 of the Code
of Iowa for the aforesaid purposes. The
Bonds shall be designated "GENERAL
OBLIGATION BOND, SERIES 2019A",
be dated June 20, 2019, and bear inter-
est from the date thereof, until payment
thereof, at the office of the Paying Agent,
said interest payable on December 1,
2019, and semiannually thereafter on the
1st day of June and December in each
year until maturity at the rates hereinafter
provided.
Principal
Amount
Interest
Rate
Maturity
June 1st
3.000%
$65,000 3.000% 2022
$70,000 3.000% 2023
$70,000 3.000% 2024
$75,000 3.000% 2025
$75,000 3.000% 2026
$80,000 3.000% 2027
$125,000 3.000% 2028
$135,000 3.000% 2029
$135,000 3.000% 2030
$135,000 3.000% 2031
$145,000 3.000% 2032
$150,000 3.000% 2033
$150,000 3.000% 2034
$155,000 3.000% 2035
$160,000 3.000% 2036
$165,000 3.000% 2037
$175,000 3.000% 2038
$175,000 3.000% 2039
The Bonds shall be executed by the man-
ual or facsimile signature of the Mayor and
attested by the manual or facsimile signature
of the Clerk and impressed or printed with the
seal of the City and shall be fully registered as
to both principal and interest as provided in
this Resolution; principal, interest and premi-
um, if any, shall be payable at the office of the
Paying Agent by mailing of a check to the reg-
istered owner of the Bond. The Bonds shall be
in the denomination of $5,000 or multiples
thereof. The Bonds shall mature and bear in-
terest as follows:
b) Redemption.
Optional Redemption. Bonds maturing
after June 1, 2026, may be called for op-
tional redemption by the Issuer on that
date or any date thereafter, from any
funds regardless of source, in whole or
from time to time in part, in any order of
maturity and within an annual maturity by
lot. The terms of redemption shall be par,
plus accrued interest to date of call.
Thirty days' written notice of redemp-
tion shall be given to the registered own-
er of the Bond. Failure to give written no-
tice to any registered owner of the Bonds
or any defect therein shall not affect the
validity of any proceedings for the re-
demption of the Bonds. All Bonds or por-
tions thereof called for redemption will
cease to bear interest after the specified
redemption date, provided funds for their
redemption are on deposit at the place of
payment. Written notice will be deemed
completed upon transmission to the
owner of record.
If selection by lot within a maturity is
required, the Registrar shall designate
the Bonds to be redeemed by random
selection of the names of the registered
owners of the entire annual maturity until
the total amount of Bonds to be called
has been reached.
If less than all of a maturity is called for
redemption, the Issuer will notify DTC of
the particular amount of such maturity to
be redeemed prior to maturity. DTC will
determine by lot the amount of each Par-
ticipant's interest in such maturity to be
redeemed and each Participant will then
select by lot the beneficial ownership in-
terests in such maturity to be redeemed.
All prepayments shall be at a price of par
plus accrued interest.
c) Urban Renewal Purposes.
The Bonds are hereby declared to be
issued for essential public and govern-
mental purposes for qualified urban re-
newal projects.
The Bonds shall recite in substance
that they have been issued by the City in
connection with an urban renewal project
as defined by Chapter 403 of the Code of
Iowa, and in any suit, action or proceed-
ing involving the validity or enforceability
of any bond issued hereunder or the se-
curity therefor, such Bond shall be con-
clusively deemed to have been issued for
such purpose and such project shall be
conclusively deemed to have been
planned, located and carried out in ac-
cordance with the provisions of Chapter
403 of the Code of Iowa.
Section 7. Issuance of Bonds in Book-
Entry Form; Replacement Bonds.
220 Regular Session June 3, 2019 Book 149
a) Notwithstanding the other provisions
of this Resolution regarding registration,
ownership, transfer, payment and ex-
change of the Bonds, unless the Issuer
determines to permit the exchange of
Depository Bonds for Bonds in Author-
ized Denominations, the Bonds shall be
issued as Depository Bonds in denomi-
nations of the entire principal amount of
each maturity of Bonds (or, if a portion of
said principal amount is prepaid, said
principal amount less the prepaid
amount). The Bonds must be registered
in the name of Cede & Co., as nominee
for DTC. Payment of semiannual interest
for any Bonds registered in the name of
Cede & Co. will be made by wire transfer
or New York Clearing House or equiva-
lent next day funds to the account of
Cede & Co. on the interest payment date
for the Bonds at the address indicated or
in the Representation Letter.
b) The Bonds will be initially issued in
the form of separate single authenticated
fully registered bonds in the amount of
each stated maturity of the Bonds. Upon
initial issuance, the ownership of the
Bonds will be registered in the registry
books of the Wells Fargo Bank, N.A. kept
by the Paying Agent and Registrar in the
name of Cede & Co., as nominee of
DTC. The Paying Agent and Registrar
and the Issuer may treat DTC (or its
nominee) as the sole and exclusive own-
er of the Bonds registered in its name for
the purposes of payment of the principal
or redemption price of or interest on the
Bonds, selecting the Bonds or portions to
be redeemed, giving any notice permitted
or required to be given to registered
owners of Bonds under the Resolution of
the Issuer, registering the transfer of
Bonds, obtaining any consent or other
action to be taken by registered owners
of the Bonds and for other purposes. The
Paying Agent, Registrar and the Issuer
have no responsibility or obligation to any
Participant or Beneficial Owner of the
Bonds under or through DTC with re-
spect to the accuracy of records main-
tained by DTC or any Participant; with
respect to the payment by DTC or Partic-
ipant of an amount of principal or re-
demption price of or interest on the
Bonds; with respect to any notice given
to owners of Bonds under the Resolution;
with respect to the Participant(s) selected
to receive payment in the event of a par-
tial redemption of the Bonds, or a con-
sent given or other action taken by DTC
as registered owner of the Bonds. The
Paying Agent and Registrar shall pay all
principal of and premium, if any, and in-
terest on the Bonds only to Cede & Co. in
accordance with the Representation Let-
ter, and all payments are valid and effec-
tive to fully satisfy and discharge the Is-
suer's obligations with respect to the
principal of and premium, if any, and in-
terest on the Bonds to the extent of the
sum paid. DTC must receive an authenti-
cated Bond for each separate stated ma-
turity evidencing the obligation of the Is-
suer to make payments of principal of
and premium, if any, and interest. Upon
delivery by DTC to the Paying Agent and
Registrar of written notice that DTC has
determined to substitute a new nominee
in place of Cede & Co., the Bonds will be
transferable to the new nominee in ac-
cordance with this Section.
c) In the event the Issuer determines
that it is in the best interest of the Benefi-
cial Owners that they be able to obtain
Bonds certificates, the Issuer may notify
DTC and the Paying Agent and Regis-
trar, whereupon DTC will notify the Par-
ticipants, of the availability through DTC
of Bonds certificates. The Bonds will be
transferable in accordance with this Sec-
tion. DTC may determine to discontinue
providing its services with respect to the
Bonds at any time by giving notice to the
Issuer and the Paying Agent and Regis-
trar and discharging its responsibilities
under applicable law. In this event, the
Bonds will be transferable in accordance
with this Section.
d) Notwithstanding any other provision
of the Resolution to the contrary, so long
as any Bond is registered in the name of
Cede & Co., as nominee of DTC, all
payments with respect to the principal of
and premium, if any, and interest on the
Bond and all notices must be made and
given, respectively to DTC as provided in
the Representation letter.
e) In connection with any notice or oth-
er communication to be provided to
Bondholders by the Issuer or the Paying
Agent and Registrar with respect to a
consent or other action to be taken by
Bondholders, the Issuer or the Paying
Agent and Registrar, as the case may be,
shall establish a record date for the con-
sent or other action and give DTC notice
of the record date not less than 15 cal-
endar days in advance of the record date
to the extent possible. Notice to DTC
must be given only when DTC is the sole
Bondholder.
f) The Representation Letter is on file
with DTC and sets forth certain matters
with respect to, among other things, no-
tices, consents and approvals by Bond-
holders and payments on the Bonds. The
221 Regular Session June 3, 2019 Book 149
execution and delivery of the Represen-
tation Letter to DTC by the Issuer is rati-
fied and confirmed.
g) In the event that a transfer or ex-
change of the Bonds is permitted under
this Section, the transfer or exchange
may be accomplished upon receipt by
the Registrar from the registered owners
of the Bonds to be transferred or ex-
changed and appropriate instruments of
transfer. In the event Bond certificates
are issued to holders other than Cede &
Co., its successor as nominee for DTC
as holder of all the Bonds, or other secu-
rities depository as holder of all the
Bonds, the provisions of the Resolution
apply to, among other things, the printing
of certificates and the method or payment
of principal of and interest on the certifi-
cates. Any substitute depository shall be
designated in writing by the Issuer to the
Paying Agent. Any such substitute de-
pository shall be a qualified and regis-
tered "clearing agency" as provided in
Section 17A of the Securities Exchange
Act of 1934, as amended. The substitute
depository shall provide for (i) immobili-
zation of the Depository Bonds, (ii) regis-
tration and transfer of interests in Deposi-
tory Bonds by book entries made on rec-
ords of the depository or its nominee and
(iii) payment of principal of, premium, if
any, and interest on the Bonds in ac-
cordance with and as such interests may
appear with respect to such book entries.
h) The officers of the Issuer are author-
ized and directed to prepare and furnish
to the purchaser, and to the attorneys
approving the legality of Bonds, certified
copies of proceedings, ordinances, reso-
lutions and records and all certificates
and affidavits and other instruments as
may be required to evidence the legality
and marketability of the Bonds, and all
certified copies, certificates, affidavits
and other instruments constitute repre-
sentations of the Issuer as to the correct-
ness of all stated or recited facts.
Section 8. Registration of Bonds; Appoint-
ment of Registrar; Transfer; Ownership; Deliv-
ery; and Cancellation.
a) Registration. The ownership of
Bonds may be transferred only by the
making of an entry upon the books kept
for the registration and transfer of owner-
ship of the Bonds, and in no other way.
Wells Fargo Bank, N.A .is hereby ap-
pointed as Bond Registrar under the
terms of this Resolution and under the
provisions of a separate agreement with
the Issuer filed herewith which is made a
part hereof by this reference. Registrar
shall maintain the books of the Issuer for
the registration of ownership of the
Bonds for the payment of principal of and
interest on the Bonds as provided in this
Resolution. All Bonds shall be negotiable
as provided in Article 8 of the Uniform
Commercial Code and Section 384.31 of
the Code of Iowa, subject to the provi-
sions for registration and transfer con-
tained in the Bonds and in this Resolu-
tion.
b) Transfer. The ownership of any
Bond may be transferred only upon the
Registration Books kept for the registra-
tion and transfer of Bonds and only upon
surrender thereof at the office of the Reg-
istrar together with an assignment duly
executed by the holder or his duly author-
ized attorney in fact in such form as shall
be satisfactory to the Registrar, along
with the address and social security
number or federal employer identification
number of such transferee (or, if registra-
tion is to be made in the name of multiple
individuals, of all such transferees). In the
event that the address of the registered
owner of a Bond (other than a registered
owner which is the nominee of the broker
or dealer in question) is that of a broker
or dealer, there must be disclosed on the
Registration Books the information per-
taining to the registered owner required
above. Upon the transfer of any such
Bond, a new fully registered Bond, of any
denomination or denominations permitted
by this Resolution in aggregate principal
amount equal to the unmatured and un-
redeemed principal amount of such
transferred fully registered Bond and
bearing interest at the same rate and ma-
turing on the same date or dates shall be
delivered by the Registrar.
c) Registration of Transferred Bonds. In
all cases of the transfer of the Bonds, the
Registrar shall register, at the earliest
practicable time, on the Registration
Books, the Bonds, in accordance with the
provisions of this Resolution.
d) Ownership. As to any Bond, the per-
son in whose name the ownership of the
same shall be registered on the Registra-
tion Books of the Registrar shall be
deemed and regarded as the absolute
owner thereof for all purposes, and pay-
ment of or on account of the principal of
any such Bonds and the premium, if any,
and interest thereon shall be made only
to or upon the order of the registered
owner thereof or his legal representative.
All such payments shall be valid and ef-
fectual to satisfy and discharge the liabil-
ity upon such Bond, including the interest
thereon, to the extent of the sum or sums
so paid.
222 Regular Session June 3, 2019 Book 149
e) Cancellation. All Bonds which have
been redeemed shall not be reissued but
shall be cancelled by the Registrar. All
Bonds which are cancelled by the Regis-
trar shall be destroyed and a certificate of
the destruction thereof shall be furnished
promptly to the Issuer; provided that if the
Issuer shall so direct, the Registrar shall
forward the cancelled Bonds to the Issu-
er.
f) Non-Presentment of Bonds. In the
event any payment check representing
payment of principal of or interest on the
Bonds is returned to the Paying Agent or
if any bond is not presented for payment
of principal at the maturity or redemption
date, if funds sufficient to pay such prin-
cipal of or interest on Bonds shall have
been made available to the Paying Agent
for the benefit of the owner thereof, all li-
ability of the Issuer to the owner thereof
for such interest or payment of such
Bonds shall forthwith cease, terminate
and be completely discharged, and
thereupon it shall be the duty of the Pay-
ing Agent to hold such funds, without lia-
bility for interest thereon, for the benefit
of the owner of such Bonds who shall
thereafter be restricted exclusively to
such funds for any claim of whatever na-
ture on his part under this Resolution or
on, or with respect to, such interest or
Bonds. The Paying Agent's obligation to
hold such funds shall continue for a peri-
od equal to two years and six months fol-
lowing the date on which such interest or
principal became due, whether at maturi-
ty, or at the date fixed for redemption
thereof, or otherwise, at which time the
Paying Agent, shall surrender any re-
maining funds so held to the Issuer,
whereupon any claim under this Resolu-
tion by the Owners of such interest or
Bonds of whatever nature shall be made
upon the Issuer.
g) Registration and Transfer Fees. The
Registrar may furnish to each owner, at
the Issuer's expense, one bond for each
annual maturity. The Registrar shall fur-
nish additional Bonds in lesser denomi-
nations (but not less than the minimum
denomination) to an owner who so re-
quests.
Section 9. Reissuance of Mutilated, De-
stroyed, Stolen or Lost Bonds. In case any
outstanding Bond shall become mutilated or
be destroyed, stolen or lost, the Issuer shall at
the request of Registrar authenticate and de-
liver a new Bond of like tenor and amount as
the Bond so mutilated, destroyed, stolen or
lost, in exchange and substitution for such
mutilated Bond to Registrar, upon surrender of
such mutilated Bond, or in lieu of and substitu-
tion for the Bond destroyed, stolen or lost, up-
on filing with the Registrar evidence satisfacto-
ry to the Registrar and Issuer that such Bond
has been destroyed, stolen or lost and proof of
ownership thereof, and upon furnishing the
Registrar and Issuer with satisfactory indemni-
ty and complying with such other reasonable
regulations as the Issuer or its agent may pre-
scribe and paying such expenses as the Issuer
may incur in connection therewith.
Section 10. Record Date. Payments of
principal and interest, otherwise than upon full
redemption, made in respect of any Bond,
shall be made to the registered holder thereof
or to their designated agent as the same ap-
pear on the books of the Registrar on the 15th
day of the month preceding the payment date.
All such payments shall fully discharge the
obligations of the Issuer in respect of such
Bonds to the extent of the payments so made.
Upon receipt of the final payment of principal,
the holder of the Bond shall surrender the
Bond to the Paying Agent.
Section 11. Execution, Authentication and
Delivery of the Bonds. Upon the adoption of
this Resolution, the Mayor and Clerk shall ex-
ecute the Bonds by their manual or authorized
signature and deliver the Bonds to the Regis-
trar, who shall authenticate the Bonds and
deliver the same to or upon order of the Pur-
chaser. No Bond 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 Bond a
Certificate of Authentication substantially in the
form of the Certificate herein set forth. Such
Certificate upon any Bond executed on behalf
of the Issuer shall be conclusive evidence that
the Bond so authenticated has been duly is-
sued under this Resolution and that the holder
thereof is entitled to the benefits of this Reso-
lution.
No Bonds shall be authenticated and de-
livered by the Registrar unless and until there
shall have been provided the following:
1. A certified copy of the Resolution of
Issuer authorizing the issuance of the
Bonds;
2. A written order of Issuer signed by
the Treasurer of the Issuer directing the
authentication and delivery of the Bonds
to or upon the order of the Purchaser up-
on payment of the purchase price as set
forth therein;
3. The approving opinion of Ahlers &
Cooney, P.C., Bond Counsel, concerning
the validity and legality of all the Bonds
proposed to be issued.
Section 12. Right to Name Substitute Pay-
ing Agent or Registrar. Issuer reserves the
right to name a substitute, successor Registrar
or Paying Agent upon giving prompt written
notice to each registered bondholder.
223 Regular Session June 3, 2019 Book 149
Section 13. Form of Bond. Bonds shall be
printed substantially in the form as [provided].
Section 14. Closing Documents. The
Mayor and City Clerk are authorized and di-
rected to execute, attest, seal and deliver for
and on behalf of the City any other additional
certificates, documents, or other papers and
perform all other acts, including without limita-
tion the execution of all closing documents, as
they may deem necessary or appropriate in
order to implement and carry out the intent and
purposes of this Resolution.
Section 15. Contract Between Issuer and
Purchaser. This Resolution constitutes a con-
tract between said City and the purchaser of
the Bonds.
Section 16. Non-Arbitrage Covenants. The
Issuer reasonably expects and covenants that
no use will be made of the proceeds from the
issuance and sale of the Bonds issued here-
under which will cause any of the Bonds to be
classified as arbitrage bonds within the mean-
ing of Sections 148(a) and (b) of the Internal
Revenue Code of the United States, as
amended, and that throughout the term of the
Bonds it will comply with the requirements of
statutes and regulations issued thereunder.
To the best knowledge and belief of the Is-
suer, there are no facts or circumstances that
would materially change the foregoing state-
ments or the conclusion that it is not expected
that the proceeds of the Bonds will be used in
a manner that would cause the Bonds to be
arbitrage bonds.
Section 17. Approval of Tax Exemption
Certificate. Attached hereto is a form of Tax
Exemption Certificate stating the Issuer's rea-
sonable expectations as to the use of the pro-
ceeds of the Bonds. The form of Tax Exemp-
tion Certificate is approved. The Issuer hereby
agrees to comply with the provisions of the
Tax Exemption Certificate and the provisions
of the Tax Exemption Certificate are hereby
incorporated by reference as part of this Reso-
lution. The Finance Director is hereby directed
to make and insert all calculations and deter-
minations necessary to complete the Tax Ex-
emption Certificate at issuance of the Bonds to
certify as to the reasonable expectations and
covenants of the Issuer at that date.
Section 18. Continuing Disclosure. The Is-
suer hereby covenants and agrees that it will
comply with and carry out all of the provisions
of the Continuing Disclosure Certificate, and
the provisions of the Continuing Disclosure
Certificate are hereby incorporated by refer-
ence as part of this Resolution and made a
part hereof. Notwithstanding any other provi-
sion of this Resolution, failure of the Issuer to
comply with the Continuing Disclosure Certifi-
cate shall not be considered an event of de-
fault under this Resolution; however, any hold-
er of the Bonds or Beneficial Owner may take
such actions as may be necessary and appro-
priate, including seeking specific performance
by court order, to cause the Issuer to comply
with its obligations under the Continuing Dis-
closure Certificate. For purposes of this sec-
tion, "Beneficial Owner" means any person
which (a) has the power, directly or indirectly,
to vote or consent with respect to, or to dis-
pose of ownership of, any Bond (including
persons holding Bonds through nominees,
depositories or other intermediaries), or (b) is
treated as the owner of any Bonds for federal
income tax purposes.
Section 19. Additional Covenants, Repre-
sentations and Warranties of the Issuer. The
Issuer certifies and covenants with the pur-
chasers and holders of the Bonds from time to
time outstanding that the Issuer through its
officers, (a) will make such further specific
covenants, representations and assurances as
may be necessary or advisable; (b) comply
with all representations, covenants and assur-
ances contained in the Tax Exemption Certifi-
cate, which Tax Exemption Certificate shall
constitute a part of the contract between the
Issuer and the owners of the Bonds;(c) consult
with Bond Counsel (as defined in the Tax Ex-
emption Certificate); (d) pay to the United
States, as necessary, such sums of money
representing required rebates of excess arbi-
trage profits relating to the Bonds;(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
officers, to employ and pay fiscal agents, fi-
nancial advisors, attorneys and other persons
to assist the Issuer in such compliance.
Section 20. Amendment of Resolution to
Maintain Tax Exemption. This Resolution may
be amended without the consent of any owner
of the Bonds if, in the opinion of Bond Coun-
sel, such amendment is necessary to maintain
tax exemption with respect to the Bonds under
applicable Federal law or regulations.
Section 21. Repeal of Conflicting Resolu-
tions or Ordinances. All ordinances and resolu-
tions and parts of ordinances and resolutions
in conflict herewith are hereby repealed.
Section 22. Severability Clause. If any sec-
tion, paragraph, clause or provision of this
Resolution be held invalid, such invalidity shall
not affect any of the remaining provisions
hereof, and this Resolution shall become ef-
fective immediately upon its passage and ap-
proval.
Passed and approved this 3rd day of June
2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 216-19
DIRECTING SALE OF $860,000* (SUBJECT
TO ADJUSTMENT PER TERMS OF OFFER-
224 Regular Session June 3, 2019 Book 149
ING) TAXABLE GENERAL OBLIGATION
BONDS, SERIES 2019B
Whereas, bids have been received for the
Bonds described as follows and the best bid
received (with permitted adjustments, if any) is
determined to be the following:
$860,000* (SUBJECT TO ADJUSTMENT
PER TERMS OF OFFERING) TAXABLE
GENERAL OBLIGATION BONDS, SE-
RIES 2019B
Bidder: UMB Bank N.A. of Kansas City,
MO.
The terms of award:
Final Par Amount as adjusted: $860,000
Purchase Price as adjusted: $860,000
True Interest Rate: 2.519228%
Net Interest Cost: $98,709.03
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, STATE OF IOWA THAT:
Section 1. The bid for the Bonds as above
set out is hereby determined to be the best
and most favorable bid received and, the
Bonds are hereby awarded as described
above.
Section 2. The statement of information for
Bond bidders and the form of contract for the
sale of the Bonds are hereby approved and
the Mayor and Clerk are authorized to execute
the same on behalf of the City.
Section 3. The notice of the sale of the
Bonds heretofore given and all acts of the
Clerk done in furtherance of the sale of the
Bonds are hereby ratified and approved.
Passed and approved this 3rd day of June
2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 217-19
APPOINTING WELLS FARGO BANK, N.A.
OF MINNEAPOLIS, MINNESOTA, TO SERVE
AS PAYING AGENT, BOND REGISTRAR,
AND TRANSFER AGENT, APPROVING THE
PAYING AGENT AND BOND REGISTRAR
AND TRANSFER AGENT AGREEMENT AND
AUTHORIZING THE EXECUTION OF THE
AGREEMENT
Whereas, $860,000 Taxable General Obli-
gation Bonds, Series 2019B, dated June 20,
2019, have been sold and action should now
be taken to provide for the maintenance of
records, registration of certificates and pay-
ment of principal and interest in connection
with the issuance of the Bonds; and
Whereas, this Council has deemed that the
services offered by Wells Fargo Bank, N.A. of
Minneapolis, Minnesota, are necessary for
compliance with rules, regulations, and re-
quirements governing the registration, transfer
and payment of registered bonds; and
Whereas, a Paying Agent, Bond Registrar
and Transfer Agent Agreement (hereafter
"Agreement") has been prepared to be entered
into between the City and Wells Fargo Bank,
N.A.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, STATE OF IOWA THAT:
1. Wells Fargo Bank, N.A. of Minneapolis,
Minnesota, is hereby appointed to serve as
Paying Agent, Bond Registrar and Transfer
Agent in connection with the issuance of
$860,000 Taxable General Obligation Bonds,
Series 2019B, dated June 20, 2019.
2. The Agreement with Wells Fargo Bank,
N.A. of Minneapolis, Minnesota, is hereby ap-
proved and that the Mayor and Clerk are au-
thorized to sign the Agreement on behalf of the
City.
Passed and approved this 3rd day of June
2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 218-19
AUTHORIZING AND PROVIDING FOR THE
ISSUANCE OF 860,000 TAXABLE GEN-
ERAL OBLIGATION BONDS, SERIES
2019B, AND LEVYING A TAX TO PAY SAID
BONDS; APPROVAL OF THE CONTINUING
DISCLOSURE CERTIFICATE
Whereas, the Issuer is duly incorporated,
organized and exists under and by virtue of the
laws and Constitution of the State of Iowa; and
Whereas, the City is in need of funds to
pay costs of the construction, reconstruction,
improvement, and equipping of various city
buildings, including for energy efficiency im-
provements; and the reconstruction, improve-
ment and equipping of the Five Flags Center
Arena, general corporate purpose(s), and it is
deemed necessary and advisable that Taxable
General Obligation Bonds, to the amount of
not to exceed $700,000 be authorized for said
purpose(s); and
Whereas, the Issuer has a population of
more than 5,000 but not more than 75,000,
and the Bonds for these purposes do not ex-
ceed $700,000; and
Whereas, pursuant to notice published as
required by Section 384.26 of the Code of Io-
wa, the Council of the City has held public
meeting and hearing upon the proposal to in-
stitute proceedings for the issuance of Bonds
for general corporate purpose(s) in the
amounts as above set forth, and, no petition
for referendum having been received, the
Council is therefore now authorized to proceed
with the issuance of said Bonds for such pur-
pose(s); and
Whereas, the City is in need of funds to
pay costs of the construction, improvement
and equipping of a skate park, general corpo-
rate purpose(s), and it is deemed necessary
and advisable that Taxable General Obligation
225 Regular Session June 3, 2019 Book 149
Bonds, to the amount of not to exceed
$700,000 be authorized for said purpose(s);
and
Whereas, the Issuer has a population of
more than 5,000 but not more than 75,000,
and the Bonds for these purposes do not ex-
ceed $700,000; and
Whereas, pursuant to notice published as
required by Section 384.26 of the Code of Io-
wa, the Council of the City has held public
meeting and hearing upon the proposal to in-
stitute proceedings for the issuance of Bonds
for general corporate purpose(s) in the
amounts as above set forth, and, no petition
for referendum having been received, the
Council is therefore now authorized to proceed
with the issuance of said Bonds for such pur-
pose(s); and
Whereas, pursuant to the provisions of
Chapter 75 of the Code of Iowa, the above-
mentioned Bonds were heretofore sold at pub-
lic sale and action should now be tak en to is-
sue said Bonds conforming to the terms and
conditions of the best bid received at the ad-
vertised public sale.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, STATE OF IOWA:
Section 1. Definitions. The following terms
shall have the following meanings in this Reso-
lution unless the text expressly or by neces-
sary implication requires otherwise:
• "Authorized Denominations" shall
mean $5,000 or any integral multiple
thereof.
• "Beneficial Owner" shall mean,
whenever used with respect to a Bond,
the person in whose name such Bond is
recorded as the beneficial owner of such
Bond by a Participant on the records of
such Participant or such person's subro-
gee.
• "Blanket Issuer Letter of Represen-
tations" shall mean the Representation
Letter from the Issuer to DTC, with re-
spect to the Bonds.
• "Bond Fund" shall mean the fund
created in Section 3 of this Resolution.
• "Bonds" shall mean $860,000 Taxa-
ble General Obligation Bonds, Series
2019B, authorized to be issued by this
Resolution.
• "Cede & Co. " shall mean Cede &
Co., the nominee of DTC, and any suc-
cessor nominee of DTC with respect to
the Bonds.
• "Continuing Disclosure Certificate"
shall mean that certain Continuing Dis-
closure Certificate approved under the
terms of this Resolution and to be exe-
cuted by the Issuer and dated the date of
issuance and delivery of the Bonds, as
originally executed and as it may be
amended from time to time in accordance
with the terms thereof.
• "Depository Bonds " shall mean the
Bonds as issued in the form of one global
certificate for each maturity, registered in
the Registration Books maintained by the
Registrar in the name of DTC or its nom-
inee.
• "DTC" shall mean The Depository
Trust Company, New York, New York,
which will act as security depository for
the Bond pursuant to the Representation
Letter.
• "Issuer" and "City" shall mean the
City of Dubuque, State of Iowa.
• "Participants" shall mean those bro-
ker-dealers, banks and other financial in-
stitutions for which DTC holds Bonds as
securities depository.
• "Paying Agent" shall mean Wells
Fargo Bank, N.A., or such successor as
may be approved by Issuer as provided
herein and who shall carry out the duties
prescribed herein as Issuer's agent to
provide for the payment of principal of
and interest on the Bonds as the same
shall become due.
• "Project" shall mean the costs of the
construction, reconstruction, improve-
ment, and equipping of various city build-
ings, including for energy efficiency im-
provements; the reconstruction, im-
provement and equipping of the Five
Flags Center Arena; and the construc-
tion, improvement and equipping of a
skate park.
• "Project Fund" shall mean the fund
required to be established by this Resolu-
tion for the deposit of the proceeds of the
Bonds.
• "Registrar" shall mean Wells Fargo
Bank, N.A. of Minneapolis, Minnesota, or
such successor as may be approved by
Issuer as provided herein and who shall
carry out the duties prescribed herein
with respect to maintaining a register of
the owners of the Bonds. Unless other-
wise specified, the Registrar shall also
act as Transfer Agent for the Bonds.
• "Resolution" shall mean this resolu-
tion authorizing the Bonds.
• "Treasurer" shall mean the Director
of Finance & Budget or such other officer
as shall succeed to the same duties and
responsibilities with respect to the record-
ing and payment of the Bonds issued
hereunder.
Section 2. Levy and Certification of Annual
Tax; Other Funds to be Used.
a) Levy of Annual Tax. That for the
purpose of providing funds to pay the prin-
cipal and interest of the Bonds hereinafter
authorized to be issued, there is hereby
226 Regular Session June 3, 2019 Book 149
levied for each future year the following di-
rect annual tax on all of the taxable proper-
ty in the City of Dubuque, State of Iowa, to-
wit:
AMOUNT
FISCAL YEAR
(JULY 1 TO JUNE 30)
YEAR OF COLLECTION
$129,438.33 2019/2020*
$127,650.00 2020/2021
$124,500.00 2021/2022
$121,350.00 2022/2023
$123,200.00 2023/2024
$119,900.00 2024/2025
$116,600.00 2025/2026
$113,300.00 2026/2027
*Payable from available cash on hand.
(NOTE: For example, the levy to be made
and certified against the taxable valuations of
January 1, 2018 will be collected during the
fiscal year commencing July 1, 2019.)
b) Resolution to be Filed with County
Auditor. A certified copy of this Resolution
shall be filed with the Auditor of Dubuque
County, Iowa and the Auditor is hereby in-
structed in and for each of the years as
provided, to levy and assess the tax here-
by authorized in Section 2 of this Resolu-
tion, in like manner as other taxes are lev-
ied and assessed, and such taxes so lev-
ied in and for each of the years aforesaid
be collected in like manner as other taxes
of the City are collected, and when collect-
ed be used for the purpose of paying prin-
cipal and interest on said Bonds issued in
anticipation of the tax, and for no other
purpose whatsoever.
c) Additional City Funds Available.
Principal and interest coming due at any
time when the proceeds of said tax on
hand shall be insufficient to pay the same
shall be promptly paid when due from cur-
rent funds of the City available for that pur-
pose and reimbursement shall be made
from such special fund in the amounts thus
advanced.
Section 3. Bond Fund. Said tax shall be
assessed and collected each year at the same
time and in the same manner as, and in addi-
tion to, all other taxes in and for the City, and
when collected they shall be converted into a
special fund within the Debt Service Fund to
be known as the "2019B GENERAL OBLIGA-
TION BOND FUND NO. 2" (the "Bond Fund"),
which is hereby pledged for and shall be used
only for the payment of the principal of and
interest on the Bonds hereinafter authorized to
be issued; and also there shall be apportioned
to said fund its proportion of taxes received by
the City from property that is centrally as-
sessed by the State of Iowa.
Section 4. Application of Bond Proceeds.
Proceeds of the Bonds, other than accrued
interest except as may be provided below,
shall be credited to the Project Fund and ex-
pended therefrom for the purposes of issu-
ance. Any amounts on hand in the Project
Fund shall be available for the payment of the
principal of or interest on the Bonds at any
time that other funds shall be insufficient to the
purpose, in which event such funds shall be
repaid to the Project Fund at the earliest op-
portunity. Any balance on hand in the Project
Fund and not immediately required for its pur-
poses may be invested not inconsistent with
limitations provided by law or this Resolution.
Section 5. Investment of Bond Fund Pro-
ceeds. All moneys held in the Bond Fund, pro-
vided for by Section 3 of this Resolution shall
be invested in investments permitted by Chap-
ter 12B, Code of Iowa, 2019, as amended, or
deposited in financial institutions which are
members of the Federal Deposit Insurance
Corporation and the deposits in which are in-
sured thereby and all such deposits exceeding
the maximum amount insured from time to
time by FDIC or its equivalent successor in
any one financial institution shall be continu-
ously secured in compliance with Chapter 12C
of the Code of Iowa, 2019, as amended, or
otherwise by a valid pledge of direct obliga-
tions of the United States Government having
an equivalent market value. All such interim
investments shall mature before the date on
which the moneys are required for payment of
principal of or interest on the Bonds as herein
provided.
Section 6. Bond Details, Execution and
Redemption.
a) Bond Details. Taxable General Obli-
gation Bonds of the City in the amount of
$860,000 shall be issued pursuant to the
provisions of Section 384.26 of the Code of
Iowa for the aforesaid purposes. The
Bonds shall be designated "TAXABLE
GENERAL OBLIGATION BOND, SERIES
2019B", be dated June 20, 2019, and bear
interest from the date thereof, until pay-
ment thereof, at the office of the Paying
Agent, said interest payable on December
1, 2019, and semiannually thereafter on
the 1st day of June and December in each
year until maturity at the rates hereinafter
provided.
The Bonds shall be executed by the
manual or facsimile signature of the Mayor
and attested by the manual or facsimile
signature of the Clerk and impressed or
printed with the seal of the City and shall
be fully registered as to both principal and
interest as provided in this Resolution;
principal, interest and premium, if any,
shall be payable at the office of the Paying
Agent by mailing of a check to the regis-
tered owner of the Bond. The Bonds shall
be in the denomination of $5,000 or multi-
227 Regular Session June 3, 2019 Book 149
ples thereof. The Bonds shall mature and
bear interest as follows:
Principal
Amount Interest Rate
Maturity
June 1st
3.000%
$105,000 3.000% 2020
$105,000 3.000% 2021
$105,000 3.000% 2022
$105,000 3.000% 2023
$110,000 3.000% 2024
$110,000 3.000% 2025
$110,000 3.000% 2026
$110,000 3.000% 2027
b) Optional Redemption. The Bonds
are not subject to optional redemption prior
to maturity.
Section 7. Issuance of Bonds in Book-
Entry Form; Replacement Bonds.
a) Notwithstanding the other provisions
of this Resolution regarding registration,
ownership, transfer, payment and ex-
change of the Bonds, unless the Issuer de-
termines to permit the exchange of Deposi-
tory Bonds for Bonds in Authorized De-
nominations, the Bonds shall be issued as
Depository Bonds in denominations of the
entire principal amount of each maturity of
Bonds (or, if a portion of said principal
amount is prepaid, said principal amount
less the prepaid amount). The Bonds must
be registered in the name of Cede & Co.,
as nominee for DTC. Payment of semian-
nual interest for any Bonds registered in
the name of Cede & Co. will be made by
wire transfer or New York Clearing House
or equivalent next day funds to the account
of Cede & Co. on the interest payment
date for the Bonds at the address indicated
or in the Representation Letter.
b) The Bonds will be initially issued in
the form of separate single authenticated
fully registered bonds in the amount of
each stated maturity of the Bonds. Upon
initial issuance, the ownership of the Bonds
will be registered in the registry books of
the Wells Fargo Bank, N.A. kept by the
Paying Agent and Registrar in the name of
Cede & Co., as nominee of DTC. The Pay-
ing Agent and Registrar and the Issuer
may treat DTC (or its nominee) as the sole
and exclusive owner of the Bonds regis-
tered in its name for the purposes of pay-
ment of the principal or redemption price of
or interest on the Bonds, selecting the
Bonds or portions to be redeemed, giving
any notice permitted or required to be giv-
en to registered owners of Bonds under the
Resolution of the Issuer, registering the
transfer of Bonds, obtaining any consent or
other action to be taken by registered own-
ers of the Bonds and for other purposes.
The Paying Agent, Registrar and the Issuer
have no responsibility or obligation to any
Participant or Beneficial Owner of the
Bonds under or through DTC with respect
to the accuracy of records maintained by
DTC or any Participant; with respect to the
payment by DTC or Participant of an
amount of principal or redemption price of
or interest on the Bonds; with respect to
any notice given to owners of Bonds under
the Resolution; with respect to the Partici-
pant(s) selected to receive payment in the
event of a partial redemption of the Bonds,
or a consent given or other action taken by
DTC as registered owner of the Bonds.
The Paying Agent and Registrar shall pay
all principal of and premium, if any, and in-
terest on the Bonds only to Cede & Co. in
accordance with the Representation Letter,
and all payments are valid and effective to
fully satisfy and discharge the Issuer's ob-
ligations with respect to the principal of and
premium, if any, and interest on the Bonds
to the extent of the sum paid. DTC must
receive an authenticated Bond for each
separate stated maturity evidencing the ob-
ligation of the Issuer to make payments of
principal of and premium, if any, and inter-
est. Upon delivery by DTC to the Paying
Agent and Registrar of written notice that
DTC has determined to substitute a new
nominee in place of Cede & Co., the Bonds
will be transferable to the new nominee in
accordance with this Section.
c) In the event the Issuer determines
that it is in the best interest of the Benefi-
cial Owners that they be able to obtain
Bonds certificates, the Issuer may notify
DTC and the Paying Agent and Registrar,
whereupon DTC will notify the Participants,
of the availability through DTC of Bonds
certificates. The Bonds will be transferable
in accordance with this Section. DTC may
determine to discontinue providing its ser-
vices with respect to the Bonds at any time
by giving notice to the Issuer and the Pay-
ing Agent and Registrar and discharging its
responsibilities under applicable law. In this
event, the Bonds will be transferable in ac-
cordance with this Section.
d) Notwithstanding any other provision
of the Resolution to the contrary, so long
as any Bond is registered in the name of
Cede & Co., as nominee of DTC, all pay-
ments with respect to the principal of and
premium, if any, and interest on the Bond
and all notices must be made and given,
respectively to DTC as provided in the
Representation letter.
e) In connection with any notice or oth-
er communication to be provided to Bond-
holders by the Issuer or the Paying Agent
and Registrar with respect to a consent or
other action to be taken by Bondholders,
228 Regular Session June 3, 2019 Book 149
the Issuer or the Paying Agent and Regis-
trar, as the case may be, shall establish a
record date for the consent or other action
and give DTC notice of the record date not
less than 15 calendar days in advance of
the record date to the extent possible. No-
tice to DTC must be given only when DTC
is the sole Bondholder.
f) The Representation Letter is on file
with DTC and sets forth certain matters
with respect to, among other things, notic-
es, consents and approvals by Bondhold-
ers and payments on the Bonds. The exe-
cution and delivery of the Representation
Letter to DTC by the Issuer is ratified and
confirmed.
g) In the event that a transfer or ex-
change of the Bonds is permitted under
this Section, the transfer or exchange may
be accomplished upon receipt by the Reg-
istrar from the registered owners of the
Bonds to be transferred or exchanged and
appropriate instruments of transfer. In the
event Bond certificates are issued to hold-
ers other than Cede & Co., its successor
as nominee for DTC as holder of all the
Bonds, or other securities depository as
holder of all the Bonds, the provisions of
the Resolution apply to, among other
things, the printing of certificates and the
method or payment of principal of and in-
terest on the certificates. Any substitute
depository shall be designated in writing by
the Issuer to the Paying Agent. Any such
substitute depository shall be a qualified
and registered "clearing agency" as pro-
vided in Section 17A of the Securities Ex-
change Act of 1934, as amended. The
substitute depository shall provide for (i)
immobilization of the Depository Bonds, (ii)
registration and transfer of interests in De-
pository Bonds by book entries made on
records of the depository or its nominee
and (iii) payment of principal of, premium, if
any, and interest on the Bonds in accord-
ance with and as such interests may ap-
pear with respect to such book entries.
h) The officers of the Issuer are author-
ized and directed to prepare and furnish to
the purchaser, and to the attorneys approv-
ing the legality of Bonds, certified copies of
proceedings, ordinances, resolutions and
records and all certificates and affidavits
and other instruments as may be required
to evidence the legality and marketability of
the Bonds, and all certified copies, certifi-
cates, affidavits and other instruments
constitute representations of the Issuer as
to the correctness of all stated or recited
facts.
Section 8. Registration of Bonds; Appoint-
ment of Registrar; Transfer; Ownership; Deliv-
ery; and Cancellation.
a) Registration. The ownership of
Bonds may be transferred only by the mak-
ing of an entry upon the books kept for the
registration and transfer of ownership of
the Bonds, and in no other way. Wells Far-
go Bank, N.A. is hereby appointed as Bond
Registrar under the terms of this Resolu-
tion and under the provisions of a separate
agreement with the Issuer filed herewith
which is made a part hereof by this refer-
ence. Registrar shall maintain the books of
the Issuer for the registration of ownership
of the Bonds for the payment of principal of
and interest on the Bonds as provided in
this Resolution. All Bonds shall be negotia-
ble as provided in Article 8 of the Uniform
Commercial Code and Section 384.31 of
the Code of Iowa, subject to the provisions
for registration and transfer contained in
the Bonds and in this Resolution.
b) Transfer. The ownership of any
Bond may be transferred only upon the
Registration Books kept for the registration
and transfer of Bonds and only upon sur-
render thereof at the office of the Registrar
together with an assignment duly executed
by the holder or his duly authorized attor-
ney in fact in such form as shall be satis-
factory to the Registrar, along with the ad-
dress and social security number or federal
employer identification number of such
transferee (or, if registration is to be made
in the name of multiple individuals, of all
such transferees). In the event that the ad-
dress of the registered owner of a Bond
(other than a registered owner which is the
nominee of the broker or dealer in ques-
tion) is that of a broker or dealer, there
must be disclosed on the Registration
Books the information pertaining to the reg-
istered owner required above. Upon the
transfer of any such Bond, a new fully reg-
istered Bond, of any denomination or de-
nominations permitted by this Resolution in
aggregate principal amount equal to the
unmatured and unredeemed principal
amount of such transferred fully registered
Bond, and bearing interest at the same
rate and maturing on the same date or
dates shall be delivered by the Registrar.
c) Registration of Transferred Bonds. In
all cases of the transfer of the Bonds, the
Registrar shall register, at the earliest prac-
ticable time, on the Registration Books, the
Bonds, in accordance with the provisions
of this Resolution.
d) Ownership. As to any Bond, the per-
son in whose name the ownership of the
same shall be registered on the Registra-
tion Books of the Registrar shall be
deemed and regarded as the absolute
owner thereof for all purposes, and pay-
ment of or on account of the principal of
229 Regular Session June 3, 2019 Book 149
any such Bonds and the premium, if any,
and interest thereon shall be made only to
or upon the order of the registered owner
thereof or his legal representative. All such
payments shall be valid and effectual to
satisfy and discharge the liability upon
such Bond, including the interest thereon,
to the extent of the sum or sums so paid.
e) Cancellation. All Bonds which have
been redeemed shall not be reissued but
shall be cancelled by the Registrar. All
Bonds which are cancelled by the Regis-
trar shall be destroyed and a certificate of
the destruction thereof shall be furnished
promptly to the Issuer; provided that if the
Issuer shall so direct, the Registrar shall
forward the cancelled Bonds to the Issuer.
f) Non-Presentment of Bonds. In the
event any payment check representing
payment of principal of or interest on the
Bonds is returned to the Paying Agent or if
any bond is not presented for payment of
principal at the maturity or redemption
date, if funds sufficient to pay such princi-
pal of or interest on Bonds shall have been
made available to the Paying Agent for the
benefit of the owner thereof, all liability of
the Issuer to the owner thereof for such in-
terest or payment of such Bonds shall
forthwith cease, terminate and be com-
pletely discharged, and thereupon it shall
be the duty of the Paying Agent to hold
such funds, without liability for interest
thereon, for the benefit of the owner of
such Bonds who shall thereafter be re-
stricted exclusively to such funds for any
claim of whatever nature on his part under
this Resolution or on, or with respect to,
such interest or Bonds. The Paying Agent's
obligation to hold such funds shall continue
for a period equal to two years and six
months following the date on which such
interest or principal became due, whether
at maturity, or at the date fixed for redemp-
tion thereof, or otherwise, at which time the
Paying Agent, shall surrender any remain-
ing funds so held to the Issuer, whereupon
any claim under this Resolution by the
Owners of such interest or Bonds of what-
ever nature shall be made upon the Issuer.
g) Registration and Transfer Fees. The
Registrar may furnish to each owner, at the
Issuer's expense, one bond for each annu-
al maturity. The Registrar shall furnish ad-
ditional Bonds in lesser denominations (but
not less than the minimum denomination)
to an owner who so requests.
Section 9. Reissuance of Mutilated, De-
stroyed, Stolen or Lost Bonds. In case any
outstanding Bond shall become mutilated or
be destroyed, stolen or lost, the Issuer shall at
the request of Registrar authenticate and de-
liver a new Bond of like tenor and amount as
the Bond so mutilated, destroyed, stolen or
lost, in exchange and substitution for such
mutilated Bond to Registrar, upon surrender of
such mutilated Bond, or in lieu of and substitu-
tion for the Bond destroyed, stolen or lost, up-
on filing with the Registrar evidence satisfacto-
ry to the Registrar and Issuer that such Bond
has been destroyed, stolen or lost and proof of
ownership thereof, and upon furnishing the
Registrar and Issuer with satisfactory indemni-
ty and complying with such other reasonable
regulations as the Issuer or its agent may pre-
scribe and paying such expenses as the Issuer
may incur in connection therewith.
Section 10. Record Date. Payments of
principal and interest, otherwise than upon full
redemption, made in respect of any Bond,
shall be made to the registered holder thereof
or to their designated agent as the same ap-
pear on the books of the Registrar on the 15th
day of the month preceding the payment date.
All such payments shall fully discharge the
obligations of the Issuer in respect of such
Bonds to the extent of the payments so made.
Upon receipt of the final payment of principal,
the holder of the Bond shall surrender the
Bond to the Paying Agent.
Section 11. Execution, Authentication and
Delivery of the Bonds. Upon the adoption of
this Resolution, the Mayor and Clerk shall ex-
ecute the Bonds by their manual or authorized
signature and deliver the Bonds to the Regis-
trar, who shall authenticate the Bonds and
deliver the same to or upon order of the Pur-
chaser. No Bond 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 Bond a
Certificate of Authentication substantially in the
form of the Certificate herein set forth. Such
Certificate upon any Bond executed on behalf
of the Issuer shall be conclusive evidence that
the Bond so authenticated has been duly is-
sued under this Resolution and that the holder
thereof is entitled to the benefits of this Reso-
lution.
No Bonds shall be authenticated and de-
livered by the Registrar unless and until there
shall have been provided the following:
1. A certified copy of the Resolution of
Issuer authorizing the issuance of the
Bonds;
2. A written order of Issuer signed by
the Treasurer of the Issuer directing the
authentication and delivery of the Bonds
to or upon the order of the Purchaser up-
on payment of the purchase price as set
forth therein;
3. The approving opinion of Ahlers &
Cooney, P.C., Bond Counsel, concerning
the validity and legality of all the Bonds
proposed to be issued.
230 Regular Session June 3, 2019 Book 149
Section 12. Right to Name Substitute Pay-
ing Agent or Registrar. Issuer reserves the
right to name a substitute, successor Registrar
or Paying Agent upon giving prompt written
notice to each registered bondholder.
Section 13. Form of Bond. Bonds shall be
printed substantially in the form as [provided].
Section 14. Closing Documents. The
Mayor and City Clerk are authorized and di-
rected to execute, attest, seal and deliver for
and on behalf of the City any other additional
certificates, documents, or other papers and
perform all other acts, including without limita-
tion the execution of all closing documents, as
they may deem necessary or appropriate in
order to implement and carry out the intent and
purposes of this Resolution.
Section 15. Contract Between Issuer and
Purchaser. This Resolution constitutes a con-
tract between said City and the purchaser of
the Bonds.
Section 16. Continuing Disclosure. The Is-
suer hereby covenants and agrees that it will
comply with and carry out all of the provisions
of the Continuing Disclosure Certificate, and
the provisions of the Continuing Disclosure
Certificate are hereby incorporated by refer-
ence as part of this Resolution and made a
part hereof. Notwithstanding any other provi-
sion of this Resolution, failure of the Issuer to
comply with the Continuing Disclosure Certifi-
cate shall not be considered an event of de-
fault under this Resolution; however, any hold-
er of the Bonds or Beneficial Owner may take
such actions as may be necessary and appro-
priate, including seeking specific performance
by court order, to cause the Issuer to comply
with its obligations under the Continuing Dis-
closure Certificate. For purposes of this sec-
tion, "Beneficial Owner" means any person
which (a) has the power, directly or indirectly,
to vote or consent with respect to, or to dis-
pose of ownership of, any Bond (including
persons holding Bonds through nominees,
depositories or other intermediaries), or (b) is
treated as the owner of any Bonds for federal
income tax purposes.
Section 17. Repeal of Conflicting Resolu-
tions or Ordinances. All ordinances and resolu-
tions and parts of ordinances and resolutions
in conflict herewith are hereby repealed.
Section 18. Severability Clause. If any sec-
tion, paragraph, clause or provision of this
Resolution be held invalid, such invalidity shall
not affect any of the remaining provisions
hereof, and this Resolution shall become ef-
fective immediately upon its passage and ap-
proval.
Passed and approved this 3rd day of June
2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 219-19
DIRECTING SALE OF $4,435,000* (SUB-
JECT TO ADJUSTMENT PER TERMS OF
OFFERING) GENERAL OBLIGATION RE-
FUNDING BONDS, SERIES 2019C
Whereas, bids have been received for the
Bonds described as follows and the best bid
received (with permitted adjustments, if any) is
determined to be the following:
$4,435,000* (SUBJECT TO ADJUSTMENT
PER TERMS OF OFFERING) GENERAL OB-
LIGATION REFUNDING BONDS, SERIES
2019C
Bidder: Hutchinson, Shockey, Erley & Co. of
Chicago, IL.
The terms of award:
Final Par Amount as adjusted: $4,240,000
Purchase Price as adjusted: $4,412,708.50
True Interest Rate: 2.314393%
Net Interest Cost: $664,084.83
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, STATE OF IOWA THAT:
Section 1. The bid for the Bonds as above
set out is hereby determined to be the best
and most favorable bid received and, the
Bonds are hereby awarded as described
above.
Section 2. The statement of information for
Bond bidders and the form of contract for the
sale of the Bonds are hereby approved and
the Mayor and Clerk are authorized to execute
the same on behalf of the City.
Section 3. The notice of the sale of the
Bonds heretofore given and all acts of the
Clerk done in furtherance of the sale of the
Bonds are hereby ratified and approved.
Passed and approved this 3rd day of June
2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 221-19
APPOINTING WELLS FARGO BANK, N.A.
OF MINNEAPOLIS, MINNESOTA, TO SERVE
AS PAYING AGENT, BOND REGISTRAR,
AND TRANSFER AGENT, APPROVING THE
PAYING AGENT AND BOND REGISTRAR
AND TRANSFER AGENT AGREEMENT AND
AUTHORIZING THE EXECUTION OF THE
AGREEMENT
Whereas, $4,240,000 General Obligation
Refunding Bonds, Series 2019C, dated July 3,
2019, have been sold and action should now
be taken to provide for the maintenance of
records, registration of certificates and pay-
ment of principal and interest in connection
with the issuance of the Bonds; and
Whereas, this Council has deemed that the
services offered by Wells Fargo Bank, N.A. of
Minneapolis, Minnesota, are necessary for
compliance with rules, regulations, and re-
231 Regular Session June 3, 2019 Book 149
quirements governing the registration, transfer
and payment of registered bonds; and
Whereas, a Paying Agent, Bond Registrar
and Transfer Agent Agreement (hereafter
"Agreement") has been prepared to be entered
into between the City and Wells Fargo Bank,
N.A.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, STATE OF IOWA THAT:
Section 1. Wells Fargo Bank, N.A. of Min-
neapolis, Minnesota, is hereby appointed to
serve as Paying Agent, Bond Registrar and
Transfer Agent in connection with the issuance
of $4,240,000 General Obligation Refunding
Bonds, Series 2019C, dated July 3, 2019.
Section 2. The Agreement with Wells Far-
go Bank, N.A. of Minneapolis, Minnesota, is
hereby approved and that the Mayor and Clerk
are authorized to sign the Agreement on be-
half of the City.
Passed and approved this 3rd day of June
2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 222-19
AUTHORIZING AND PROVIDING FOR THE
ISSUANCE OF $4,240,000 GENERAL OBLI-
GATION REFUNDING BONDS, SERIES
2019C, AND LEVYING A TAX TO PAY SAID
BONDS; APPROVAL OF THE TAX EXEMP-
TION CERTIFICATE AND CONTINUING
DISCLOSURE CERTIFICATE
Whereas, the Issuer is duly incorporated,
organized and exists under and by virtue of the
laws and Constitution of the State of Iowa; and
Whereas, the Issuer is in need of funds to
pay costs of refunding or refinancing certain
outstanding indebtedness of the City, including
General Obligation Bonds, Series 2012D, dat-
ed June 28, 2012, essential corporate pur-
pose(s), and it is deemed necessary and ad-
visable that General Obligation Refunding
Bonds, to the amount of not to exceed
$10,045,000 be authorized for said purpose(s);
and
Whereas, it is found and determined that
the aforesaid adjustment and refunding of pre-
sent indebtedness is necessary and in the
public interest and will benefit the City and its
taxpayers by restructuring 1 (one) outstanding
issue(s) of Bonds for purposes of more effi-
cient administration thereof; by conforming the
debt service requirements to the anticipated
receipt of tax funds thereby reducing the im-
pact of delays in the collection of future taxes
upon the City's cash flow; and to adjust the
requirements of the outstanding indebtedness
so as to facilitate the orderly retirement of
Bonds anticipated to be issued for future capi-
tal improvements; and
Whereas, it presently appears that the
aforesaid benefits may be realized and at the
same time savings may be effected in the debt
service fund requirements of the City by re-
funding of the Bonds set forth in the schedule
set forth as Exhibit "A", attached to this Reso-
lution and made a part hereof by this refer-
ence; and
Whereas, pursuant to notice published as
required by Section 384.25 of the Code of Io-
wa, this Council has held a public meeting and
hearing upon the proposal to institute proceed-
ings for the issuance of $4,240,000 General
Obligation Refunding Bonds, and the Council
is therefore now authorized to proceed with the
issuance of said Bonds for such purpose(s);
and
Whereas, pursuant to the provisions of
Chapter 75 of the Code of Iowa, the above
mentioned Bonds were heretofore sold at pub-
lic sale and action should now be taken to is-
sue said Bonds conforming to the terms and
conditions of the best bid received at the ad-
vertised public sale.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, STATE OF IOWA:
Section 1. Definitions. The following terms
shall have the following meanings in this Reso-
lution unless the text expressly or by neces-
sary implication requires otherwise:
• "Authorized Denominations" shall
mean $5,000 or any integral multiple
thereof.
• "Beneficial Owner" shall mean,
whenever used with respect to a Bond,
the person in whose name such Bond
is recorded as the beneficial owner of
such Bond by a Participant on the rec-
ords of such Participant or such per-
son's subrogee.
• "Blanket Issuer Letter of Representa-
tions" shall mean the Representation
Letter from the Issuer to DTC, with re-
spect to the Bonds.
• "Bond Fund" shall mean the fund
created in Section 3 of this Resolution.
• "Bonds" shall mean $4,240,000 Gen-
eral Obligation Refunding Bonds, Se-
ries 2019C, authorized to be issued by
this Resolution.
• "Cede & Co." shall mean Cede & Co.,
the nominee of DTC, and any succes-
sor nominee of DTC with respect to the
Bonds.
• "Continuing Disclosure Certificate"
shall mean that certain Continuing Dis-
closure Certificate approved under the
terms of this Resolution and to be exe-
cuted by the Issuer and dated the date
of issuance and delivery of the Bonds,
as originally executed and as it may be
232 Regular Session June 3, 2019 Book 149
amended from time to time in accord-
ance with the terms thereof.
• "Depository Bonds " shall mean the
Bonds as issued in the form of one
global certificate for each maturity, reg-
istered in the Registration Books main-
tained by the Registrar in the name of
DTC or its nominee.
• "DTC" shall mean The Depository
Trust Company, New York, New York,
which will act as security depository for
the Bond pursuant to the Representa-
tion Letter.
• "Issuer" and "City" shall mean the
City of Dubuque, State of Iowa.
• "Participants" shall mean those bro-
ker-dealers, banks and other financial
institutions for which DTC holds Bonds
as securities depository.
• "Paying Agent" shall mean Wells
Fargo Bank, N.A., or such successor
as may be approved by Issuer as pro-
vided herein and who shall carry out
the duties prescribed herein as Issuer's
agent to provide for the payment of
principal of and interest on the Bonds
as the same shall become due.
• "Project" shall mean the costs of re-
funding or refinancing certain outstand-
ing indebtedness of the City, including
General Obligation Bonds, Series
2012D, dated June 28, 2012.
• "Project Fund" shall mean the fund in-
to which a portion of the proceeds that
will be used, together with interest
earnings thereon, to pay the principal,
interest and redemption premium, if
any, on the Refunded Bonds.
• "Rebate Fund" shall mean the fund
so defined in and established pursuant
to the Tax Exemption Certificate.
• "Refunded Bonds" shall mean
$4,370,000 of the $7,175,000 General
Obligation Bonds, Series 2012D, dated
June 28, 2012.
• "Registrar" shall mean Wells Fargo
Bank, N.A. of Minneapolis, Minnesota,
or such successor as may be approved
by Issuer as provided herein and who
shall carry out the duties prescribed
herein with respect to maintaining a
register of the owners of the Bonds.
Unless otherwise specified, the Regis-
trar shall also act as Transfer Agent for
the Bonds.
• "Resolution" shall mean this resolu-
tion authorizing the Bonds.
• "Tax Exemption Certificate" shall
mean the Tax Exemption Certificate
approved under the terms of this Reso-
lution and to be executed by the Treas-
urer and delivered at the time of issu-
ance and delivery of the Bonds.
• "Treasurer" shall mean the Director of
Finance & Budget or such other officer
as shall succeed to the same duties
and responsibilities with respect to the
recording and payment of the Bonds
issued hereunder.
Section 2. Levy and Certification of Annual
Tax; Other Funds to be Used.
a) Levy of Annual Tax. That for the
purpose of providing funds to pay the prin-
cipal and interest of the Bonds hereinafter
authorized to be issued, there is hereby
levied for each future year the following di-
rect annual tax on all of the taxable proper-
ty in the City of Dubuque, State of Iowa, to-
wit:
AMOUNT
FISCAL YEAR
(JULY 1 TO JUNE 30)
YEAR OF COLLECTION
$450,893.33 2019/2020
$452,150.00 2020/2021
$466,800.00 2021/2022
$441,000.00 2022/2023
$450,650.00 2023/2024
$439,700.00 2024/2025
$448,750.00 2025/2026
$437,200.00 2026/2027
$295,650.00 2027/2028
$293,000.00 2028/2029
$295,200.00 2029/2030
$297,100.00 2030/2031
$298,700.00 2031/2032
*Payable from available cash on hand and
the existing levy in place for the Refunded
Bonds.
(NOTE: For example, the levy to be made
and certified against the taxable valuations of
January 1, 2018 will be collected during the
fiscal year commencing July 1, 2019.)
b) Resolution to be Filed With County
Auditor. A certified copy of this Resolution
shall be filed with the Auditor of Dubuque
County, Iowa and the Auditor is hereby in-
structed in and for each of the years as
provided, to levy and assess the tax here-
by authorized in Section 2 of this Resolu-
tion, in like manner as other taxes are lev-
ied and assessed, and such taxes so lev-
ied in and for each of the years aforesaid
be collected in like manner as other taxes
of the City are collected, and when collect-
ed be used for the purpose of paying prin-
cipal and interest on said Bonds issued in
anticipation of the tax, and for no other
purpose whatsoever.
c) Additional City Funds Available.
Principal and interest coming due at any
time when the proceeds of said tax on
hand shall be insufficient to pay the same
233 Regular Session June 3, 2019 Book 149
shall be promptly paid when due from cur-
rent funds of the City available for that pur-
pose and reimbursement shall be made
from such special fund in the amounts thus
advanced.
Section 3. Bond Fund. Said tax shall be
assessed and collected each year at the same
time and in the same manner as, and in addi-
tion to, all other taxes in and for the City, and
when collected they shall be converted into a
special fund within the Debt Service Fund to
be known as the "2019C GENERAL OBLIGA-
TION REFUNDING BOND FUND NO. 3" (the
"Bond Fund"), which is hereby pledged for and
shall be used only for the payment of the prin-
cipal of and interest on the Bonds hereinafter
authorized to be issued; and also there shall
be apportioned to said fund its proportion of
taxes received by the City from property that is
centrally assessed by the State of Iowa.
Section 4. Application of Bond Proceeds.
Proceeds of the Bonds, other than accrued
interest except as may be provided below,
shall be credited to the Project Fund and ex-
pended therefrom for the purposes of issu-
ance. Proceeds invested shall mature before
the date on which the moneys are required for
payment of principal and interest on the Re-
funded Bonds. Accrued interest, if any, shall
be deposited in the Bond Fund.
Section 5. Investment of Bond Fund Pro-
ceeds. All moneys held in the Bond Fund, pro-
vided for by Section 3 of this Resolution shall
be invested in investments permitted by Chap-
ter 12B, Code of Iowa, 2019, as amended, or
deposited in financial institutions which are
members of the Federal Deposit Insurance
Corporation and the deposits in which are in-
sured thereby and all such deposits exceeding
the maximum amount insured from time to
time by FDIC or its equivalent successor in
any one financial institution shall be continu-
ously secured in compliance with Chapter 12C
of the Code of Iowa, 2019, as amended, or
otherwise by a valid pledge of direct obliga-
tions of the United States Government having
an equivalent market value. All such interim
investments shall mature before the date on
which the moneys are required for payment of
principal of or interest on the Bonds as herein
provided.
Section 6. Bond Details, Execution and
Redemption.
a) Bond Details. General Obligation
Refunding Bonds of the City in the amount
of $4,240,000, shall be issued pursuant to
the provisions of Section 384.25 of the
Code of Iowa for the aforesaid purposes.
The Bonds shall be designated "GENERAL
OBLIGATION REFUNDING BOND, SE-
RIES 2019C", be dated July 3, 2019, and
bear interest from the date thereof, until
payment thereof, at the office of the Paying
Agent, said interest payable on December
1, 2019, and semiannually thereafter on
the 1st day of June and December in each
year until maturity at the rates hereinafter
provided.
The Bonds shall be executed by the
manual or facsimile signature of the Mayor
and attested by the manual or facsimile
signature of the Clerk, and impressed or
printed with the seal of the City and shall
be fully registered as to both principal and
interest as provided in this Resolution;
principal, interest and premium, if any,
shall be payable at the office of the Paying
Agent by mailing of a check to the regis-
tered owner of the Bond. The Bonds shall
be in the denomination of $5,000 or multi-
ples thereof. The Bonds shall mature and
bear interest as follows:
Principal
Amount Interest Rate
Maturity
June 1st
3.00%
$335,000 3.00% 2020
$345,000 3.00% 2021
$360,000 3.00% 2022
$345,000 3.00% 2023
$365,000 3.00% 2024
$365,000 3.00% 2025
$385,000 3.00% 2026
$385,000 3.00% 2027
$255,000 3.00% 2028
$260,000 3.00% 2029
$270,000 3.00% 2030
$280,000 3.00% 2031
$290,000 3.00% 2032
b) Redemption.
i. Optional Redemption. Bonds ma-
turing after June 1, 2026, may be called
for optional redemption by the Issuer
on that date or any date thereafter,
from any funds regardless of source, in
whole or from time to time in part, in
any order of maturity and within an an-
nual maturity by lot. The terms of re-
demption shall be par, plus accrued in-
terest to date of call.
Thirty days' written notice of re-
demption shall be given to the regis-
tered owner of the Bond. Failure to give
written notice to any registered owner
of the Bonds or any defect therein shall
not affect the validity of any proceed-
ings for the redemption of the Bonds.
All Bonds or portions thereof called for
redemption will cease to bear interest
after the specified redemption date,
provided funds for their redemption are
on deposit at the place of payment.
Written notice will be deemed complet-
ed upon transmission to the owner of
record.
234 Regular Session June 3, 2019 Book 149
If selection by lot within a maturity is
required, the Registrar shall designate
the Bonds to be redeemed by random
selection of the names of the registered
owners of the entire annual maturity
until the total amount of Bonds to be
called has been reached.
If less than all of a maturity is called
for redemption, the Issuer will notify
DTC of the particular amount of such
maturity to be redeemed prior to ma-
turity. DTC will determine by lot the
amount of each Participant's interest in
such maturity to be redeemed and
each Participant will then select by lot
the beneficial ownership interests in
such maturity to be redeemed. All pre-
payments shall be at a price of par plus
accrued interest.
Section 7. Issuance of Bonds in Book-
Entry Form; Replacement Bonds.
a) Notwithstanding the other provisions
of this Resolution regarding registration,
ownership, transfer, payment and ex-
change of the Bonds, unless the Issuer de-
termines to permit the exchange of Deposi-
tory Bonds for Bonds in Authorized De-
nominations, the Bonds shall be issued as
Depository Bonds in denominations of the
entire principal amount of each maturity of
Bonds (or, if a portion of said principal
amount is prepaid, said principal amount
less the prepaid amount). The Bonds must
be registered in the name of Cede & Co.,
as nominee for DTC. Payment of semian-
nual interest for any Bonds registered in
the name of Cede & Co. will be made by
wire transfer or New York Clearing House
or equivalent next day funds to the account
of Cede & Co. on the interest payment
date for the Bonds at the address indicated
or in the Representation Letter.
b) The Bonds will be initially issued in
the form of separate single authenticated
fully registered bonds in the amount of
each stated maturity of the Bonds. Upon
initial issuance, the ownership of the Bonds
will be registered in the registry books of
the Wells Fargo Bank, N.A. kept by the
Paying Agent and Registrar in the name of
Cede & Co., as nominee of DTC. The Pay-
ing Agent and Registrar and the Issuer
may treat DTC (or its nominee) as the sole
and exclusive owner of the Bonds regis-
tered in its name for the purposes of pay-
ment of the principal or redemption price of
or interest on the Bonds, selecting the
Bonds or portions to be redeemed, giving
any notice permitted or required to be giv-
en to registered owners of Bonds under the
Resolution of the Issuer, registering the
transfer of Bonds, obtaining any consent or
other action to be taken by registered own-
ers of the Bonds and for other purposes.
The Paying Agent, Registrar and the Issuer
have no responsibility or obligation to any
Participant or Beneficial Owner of the
Bonds under or through DTC with respect
to the accuracy of records maintained by
DTC or any Participant; with respect to the
payment by DTC or Participant of an
amount of principal or redemption price of
or interest on the Bonds; with respect to
any notice given to owners of Bonds under
the Resolution; with respect to the Partici-
pant(s) selected to receive payment in the
event of a partial redemption of the Bonds,
or a consent given or other action taken by
DTC as registered owner of the Bonds.
The Paying Agent and Registrar shall pay
all principal of and premium, if any, and in-
terest on the Bonds only to Cede & Co. in
accordance with the Representation Letter,
and all payments are valid and effective to
fully satisfy and discharge the Issuer's ob-
ligations with respect to the principal of and
premium, if any, and interest on the Bonds
to the extent of the sum paid. DTC must
receive an authenticated Bond for each
separate stated maturity evidencing the ob-
ligation of the Issuer to make payments of
principal of and premium, if any, and inter-
est. Upon delivery by DTC to the Paying
Agent and Registrar of written notice that
DTC has determined to substitute a new
nominee in place of Cede & Co., the Bonds
will be transferable to the new nominee in
accordance with this Section.
c) In the event the Issuer determines
that it is in the best interest of the Benefi-
cial Owners that they be able to obtain
Bonds certificates, the Issuer may notify
DTC and the Paying Agent and Registrar,
whereupon DTC will notify the Participants,
of the availability through DTC of Bonds
certificates. The Bonds will be transferable
in accordance with this Section. DTC may
determine to discontinue providing its ser-
vices with respect to the Bonds at any time
by giving notice to the Issuer and the Pay-
ing Agent and Registrar and discharging its
responsibilities under applicable law. In this
event, the Bonds will be transferable in ac-
cordance with this Section.
d) Notwithstanding any other provision
of the Resolution to the contrary, so long
as any Bond is registered in the name of
Cede & Co., as nominee of DTC, all pay-
ments with respect to the principal of and
premium, if any, and interest on the Bond
and all notices must be made and given,
respectively to DTC as provided in the
Representation letter.
e) In connection with any notice or oth-
er communication to be provided to Bond-
holders by the Issuer or the Paying Agent
235 Regular Session June 3, 2019 Book 149
and Registrar with respect to a consent or
other action to be taken by Bondholders,
the Issuer or the Paying Agent and Regis-
trar, as the case may be, shall establish a
record date for the consent or other action
and give DTC notice of the record date not
less than 15 calendar days in advance of
the record date to the extent possible. No-
tice to DTC must be given only when DTC
is the sole Bondholder.
f) The Representation Letter is on file
with DTC and sets forth certain matters
with respect to, among other things, notic-
es, consents and approvals by Bondhold-
ers and payments on the Bonds. The exe-
cution and delivery of the Representation
Letter to DTC by the Issuer is ratified and
confirmed.
g) In the event that a transfer or ex-
change of the Bonds is permitted under
this Section, the transfer or exchange may
be accomplished upon receipt by the Reg-
istrar from the registered owners of the
Bonds to be transferred or exchanged and
appropriate instruments of transfer. In the
event Bond certificates are issued to hold-
ers other than Cede & Co., its successor
as nominee for DTC as holder of all the
Bonds, or other securities depository as
holder of all the Bonds, the provisions of
the Resolution apply to, among other
things, the printing of certificates and the
method or payment of principal of and in-
terest on the certificates. Any substitute
depository shall be designated in writing by
the Issuer to the Paying Agent. Any such
substitute depository shall be a qualified
and registered "clearing agency" as pro-
vided in Section 17A of the Securities Ex-
change Act of 1934, as amended. The
substitute depository shall provide for (i)
immobilization of the Depository Bonds, (ii)
registration and transfer of interests in De-
pository Bonds by book entries made on
records of the depository or its nominee
and (iii) payment of principal of, premium, if
any, and interest on the Bonds in accord-
ance with and as such interests may ap-
pear with respect to such book entries.
h) The officers of the Issuer are author-
ized and directed to prepare and furnish to
the purchaser, and to the attorneys approv-
ing the legality of Bonds, certified copies of
proceedings, ordinances, resolutions and
records and all certificates and affidavits
and other instruments as may be required
to evidence the legality and marketability of
the Bonds, and all certified copies, certifi-
cates, affidavits and other instruments
constitute representations of the Issuer as
to the correctness of all stated or recited
facts.
Section 8. Registration of Bonds; Appoint-
ment of Registrar; Transfer; Ownership; Deliv-
ery; and Cancellation.
a) Registration. The ownership of
Bonds may be transferred only by the mak-
ing of an entry upon the books kept for the
registration and transfer of ownership of
the Bonds, and in no other way. Wells Far-
go Bank, N.A. is hereby appointed as Bond
Registrar under the terms of this Resolu-
tion and under the provisions of a separate
agreement with the Issuer filed herewith
which is made a part hereof by this refer-
ence. Registrar shall maintain the books of
the Issuer for the registration of ownership
of the Bonds for the payment of principal of
and interest on the Bonds as provided in
this Resolution. All Bonds shall be negotia-
ble as provided in Article 8 of the Uniform
Commercial Code and Section 384.31 of
the Code of Iowa, subject to the provisions
for registration and transfer contained in
the Bonds and in this Resolution.
b) Transfer. The ownership of any
Bond may be transferred only upon the
Registration Books kept for the registration
and transfer of Bonds and only upon sur-
render thereof at the office of the Registrar
together with an assignment duly executed
by the holder or his duly authorized attor-
ney in fact in such form as shall be satis-
factory to the Registrar, along with the ad-
dress and social security number or federal
employer identification number of such
transferee (or, if registration is to be made
in the name of multiple individuals, of all
such transferees). In the event that the ad-
dress of the registered owner of a Bond
(other than a registered owner which is the
nominee of the broker or dealer in ques-
tion) is that of a broker or dealer, there
must be disclosed on the Registration
Books the information pertaining to the reg-
istered owner required above. Upon the
transfer of any such Bond, a new fully reg-
istered Bond, of any denomination or de-
nominations permitted by this Resolution in
aggregate principal amount equal to the
unmatured and unredeemed principal
amount of such transferred fully registered
Bond, and bearing interest at the same
rate and maturing on the same date or
dates shall be delivered by the Registrar.
c) Registration of Transferred Bonds. In
all cases of the transfer of the Bonds, the
Registrar shall register, at the earliest prac-
ticable time, on the Registration Books, the
Bonds, in accordance with the provisions
of this Resolution.
d) Ownership. As to any Bond, the per-
son in whose name the ownership of the
same shall be registered on the Registra-
tion Books of the Registrar shall be
236 Regular Session June 3, 2019 Book 149
deemed and regarded as the absolute
owner thereof for all purposes, and pay-
ment of or on account of the principal of
any such Bonds and the premium, if any,
and interest thereon shall be made only to
or upon the order of the registered owner
thereof or his legal representative. All such
payments shall be valid and effectual to
satisfy and discharge the liability upon
such Bond, including the interest thereon,
to the extent of the sum or sums so paid.
e) Cancellation. All Bonds which have
been redeemed shall not be reissued but
shall be cancelled by the Registrar. All
Bonds which are cancelled by the Regis-
trar shall be destroyed and a certificate of
the destruction thereof shall be furnished
promptly to the Issuer; provided that if the
Issuer shall so direct, the Registrar shall
forward the cancelled Bonds to the Issuer.
f) Non-Presentment of Bonds. In the
event any payment check representing
payment of principal of or interest on the
Bonds is returned to the Paying Agent or if
any bond is not presented for payment of
principal at the maturity or redemption
date, if funds sufficient to pay such princi-
pal of or interest on Bonds shall have been
made available to the Paying Agent for the
benefit of the owner thereof, all liability of
the Issuer to the owner thereof for such in-
terest or payment of such Bonds shall
forthwith cease, terminate and be com-
pletely discharged, and thereupon it shall
be the duty of the Paying Agent to hold
such funds, without liability for interest
thereon, for the benefit of the owner of
such Bonds who shall thereafter be re-
stricted exclusively to such funds for any
claim of whatever nature on his part under
this Resolution or on, or with respect to,
such interest or Bonds. The Paying Agent's
obligation to hold such funds shall continue
for a period equal to two years and six
months following the date on which such
interest or principal became due, whether
at maturity, or at the date fixed for redemp-
tion thereof, or otherwise, at which time the
Paying Agent, shall surrender any remain-
ing funds so held to the Issuer, whereupon
any claim under this Resolution by the
Owners of such interest or Bonds of what-
ever nature shall be made upon the Issuer.
g) Registration and Transfer Fees. The
Registrar may furnish to each owner, at the
Issuer's expense, one bond for each annu-
al maturity. The Registrar shall furnish ad-
ditional Bonds in lesser denominations (but
not less than the minimum denomination)
to an owner who so requests.
Section 9. Reissuance of Mutilated, De-
stroyed, Stolen or Lost Bonds. In case any
outstanding Bond shall become mutilated or
be destroyed, stolen or lost, the Issuer shall at
the request of Registrar authenticate and de-
liver a new Bond of like tenor and amount as
the Bond so mutilated, destroyed, stolen or
lost, in exchange and substitution for such
mutilated Bond to Registrar, upon surrender of
such mutilated Bond, or in lieu of and substitu-
tion for the Bond destroyed, stolen or lost, up-
on filing with the Registrar evidence satisfacto-
ry to the Registrar and Issuer that such Bond
has been destroyed, stolen or lost and proof of
ownership thereof, and upon furnishing the
Registrar and Issuer with satisfactory indemni-
ty and complying with such other reasonable
regulations as the Issuer or its agent may pre-
scribe and paying such expenses as the Issuer
may incur in connection therewith.
Section 10. Record Date. Payments of
principal and interest, otherwise than upon full
redemption, made in respect of any Bond,
shall be made to the registered holder thereof
or to their designated agent as the same ap-
pear on the books of the Registrar on the 15th
day of the month preceding the payment date.
All such payments shall fully discharge the
obligations of the Issuer in respect of such
Bonds to the extent of the payments so made.
Upon receipt of the final payment of principal,
the holder of the Bond shall surrender the
Bond to the Paying Agent.
Section 11. Execution, Authentication and
Delivery of the Bonds. Upon the adoption of
this Resolution, the Mayor and Clerk shall ex-
ecute the Bonds by their manual or authorized
signature and deliver the Bonds to the Regis-
trar, who shall authenticate the Bonds and
deliver the same to or upon order of the Pur-
chaser. No Bond 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 Bond a
Certificate of Authentication substantially in the
form of the Certificate herein set forth. Such
Certificate upon any Bond executed on behalf
of the Issuer shall be conclusive evidence that
the Bond so authenticated has been duly is-
sued under this Resolution and that the holder
thereof is entitled to the benefits of this Reso-
lution.
No Bonds shall be authenticated and de-
livered by the Registrar unless and until there
shall have been provided the following:
1. A certified copy of the Resolution
of Issuer authorizing the issuance of
the Bonds;
2. A written order of Issuer signed by
the Treasurer of the Issuer directing the
authentication and delivery of the
Bonds to or upon the order of the Pur-
chaser upon payment of the purchase
price as set forth therein;
3. The approving opinion of Ahlers &
Cooney, P.C., Bond Counsel, concern-
237 Regular Session June 3, 2019 Book 149
ing the validity and legality of all the
Bonds proposed to be issued.
Section 12. Right to Name Substitute Pay-
ing Agent or Registrar. Issuer reserves the
right to name a substitute, successor Registrar
or Paying Agent upon giving prompt written
notice to each registered bondholder.
Section 13. Form of Bond. Bonds shall be
printed substantially in the form as [provided]:
Section 14. Closing Documents. The
Mayor and City Clerk are authorized and di-
rected to execute, attest, seal and deliver for
and on behalf of the City any other additional
certificates, documents, or other papers and
perform all other acts, including without limita-
tion the execution of all closing documents, as
they may deem necessary or appropriate in
order to implement and carry out the intent and
purposes of this Resolution.
Section 15. Contract Between Issuer and
Purchaser. This Resolution constitutes a con-
tract between said City and the purchaser of
the Bonds.
Section 16. Non-Arbitrage Covenants. The
Issuer reasonably expects and covenants that
no use will be made of the proceeds from the
issuance and sale of the Bonds issued here-
under which will cause any of the Bonds to be
classified as arbitrage bonds within the mean-
ing of Sections 148(a) and (b) of the Internal
Revenue Code of the United States, as
amended, and that throughout the term of the
Bonds it will comply with the requirements of
statutes and regulations issued thereunder.
To the best knowledge and belief of the Is-
suer, there are no facts or circumstances that
would materially change the foregoing state-
ments or the conclusion that it is not expected
that the proceeds of the Bonds will be used in
a manner that would cause the Bonds to be
arbitrage bonds.
Section 17. Approval of Tax Exemption
Certificate. Attached hereto is a form of Tax
Exemption Certificate stating the Issuer's rea-
sonable expectations as to the use of the pro-
ceeds of the Bonds. The form of Tax Exemp-
tion Certificate is approved. The Issuer hereby
agrees to comply with the provisions of the
Tax Exemption Certificate and the provisions
of the Tax Exemption Certificate are hereby
incorporated by reference as part of this Reso-
lution. The Director of Finance & Budget is
hereby directed to make and insert all calcula-
tions and determinations necessary to com-
plete the Tax Exemption Certificate at issu-
ance of the Bonds to certify as to the reasona-
ble expectations and covenants of the Issuer
at that date.
Section 18. Continuing Disclosure. The Is-
suer hereby covenants and agrees that it will
comply with and carry out all of the provisions
of the Continuing Disclosure Certificate, and
the provisions of the Continuing Disclosure
Certificate are hereby incorporated by refer-
ence as part of this Resolution and made a
part hereof. Notwithstanding any other provi-
sion of this Resolution, failure of the Issuer to
comply with the Continuing Disclosure Certifi-
cate shall not be considered an event of de-
fault under this Resolution; however, any hold-
er of the Bonds or Beneficial Owner may take
such actions as may be necessary and appro-
priate, including seeking specific performance
by court order, to cause the Issuer to comply
with its obligations under the Continuing Dis-
closure Certificate. For purposes of this sec-
tion, "Beneficial Owner" means any person
which (a) has the power, directly or indirectly,
to vote or consent with respect to, or to dis-
pose of ownership of, any Bond (including
persons holding Bonds through nominees,
depositories or other intermediaries), or (b) is
treated as the owner of any Bonds for federal
income tax purposes.
Section 19. Additional Covenants, Repre-
sentations and Warranties of the Issuer. The
Issuer certifies and covenants with the pur-
chasers and holders of the Bonds from time to
time outstanding that the Issuer through its
officers, (a) will make such further specific
covenants, representations and assurances as
may be necessary or advisable; (b) comply
with all representations, covenants and assur-
ances contained in the Tax Exemption Certifi-
cate, which Tax Exemption Certificate shall
constitute a part of the contract between the
Issuer and the owners of the Bonds;(c) consult
with Bond Counsel (as defined in the Tax Ex-
emption Certificate); (d) pay to the United
States, as necessary, such sums of money
representing required rebates of excess arbi-
trage profits relating to the Bonds;(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
officers, to employ and pay fiscal agents, fi-
nancial advisors, attorneys and other persons
to assist the Issuer in such compliance.
Section 20 Amendment of Resolution to
Maintain Tax Exemption. This Resolution may
be amended without the consent of any owner
of the Bonds if, in the opinion of Bond Coun-
sel, such amendment is necessary to maintain
tax exemption with respect to the Bonds under
applicable Federal law or regulations.
Section 21. Repeal of Conflicting Resolu-
tions or Ordinances. All ordinances and resolu-
tions and parts of ordinances and resolutions
in conflict herewith are hereby repealed.
Section 22. Severability Clause. If any sec-
tion, paragraph, clause or provision of this
Resolution be held invalid, such invalidity shall
not affect any of the remaining provisions
hereof, and this Resolution shall become ef-
fective immediately upon its passage and ap-
proval.
238 Regular Session June 3, 2019 Book 149
Passed and approved this 3rd day of June
2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. Request for City Support from Manas-
seh House/Operation Empower for Liberty
Recovery Community Project: City Manager
recommending approval of City support in
CDBG funds for the Liberty Recovery Com-
munity Project contingent on the project meet-
ing all CDBG and Federal requirements. Mo-
tion by Larson to receive and file the docu-
ments and approve the recommendation. Se-
conded by Jones. Developer Michelle Micha-
lakis, 2541 Broadway Street, thanked the City
Council for its support and responded to ques-
tions from the City Council regarding financing.
Housing and Community Development Direc-
tor Alexis Steger provided information on the
allowable uses of Community Development
Block Grant funds. Motion carried 7-0.
4. Community Development Block Grant
Fiscal Year 2019 (Plan Year 2018) Amend-
ment #2: City Manager recommending ap-
proval of Fiscal Year 2019 (Plan Year 2018)
Community Development Block Grant Annual
Plan Amendment #2. Motion by Jones to re-
ceive and file the documents and adopt Reso-
lution No. 223-19 Adopting Amendment 2 to
the Fiscal Year 2019 (Program year 2018)
Community Development Block Grant (CDBG)
Annual Action Plan. Seconded by Resnick.
Motion carried 7-0.
RESOLUTION NO. 223-19
ADOPTING AMENDMENT 2 TO THE FISCAL
YEAR 2019 (PROGRAM YEAR 2018) COM-
MUNITY DEVELOPMENT BLOCK GRANT
(CDBG) ANNUAL ACTION PLAN
Whereas, the City of Dubuque prepared
and filed an Annual Action Plan for Fiscal Year
2019; and
Whereas, the City amended said Annual
Plan by reallocating funds between existing
activities and providing funds for new activities
on January 22, 2019; and
Whereas, the City now desires to second-
arily amend said Annual Plan by reallocating
funds between existing activities and providing
funds for new activities; and
Whereas, said amendment is a substantial
amendment as provided in the City’s Citizen
Participation Plan and therefore must be ap-
proved by resolution of the City after a public
hearing by the Community Development Advi-
sory Commission and
Whereas, the City made available for pub-
lic comment said Annual Action Plan Amend-
ment on January 16, 2019 and April 17, 2019
at a public meeting of the Community Devel-
opment Advisory Commission; and
Whereas, the Community Development
Advisory Commission reviewed said amend-
ment during a public hearing on May 15, 2019
and voted to approve said amendment and
recommend approval by the City Council.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The Community Development
Block Grant Fiscal Year 2019 (Program Year
2018) Annual Action Plan Amendment 1 is
hereby rescinded.
Section 2. The Community Development
Block Grant Fiscal Year 2019 (Program Year
2018) Annual Action Plan Amendment 2, at-
tached hereto as Exhibit A is hereby approved.
Section 3. The Community Development
Block Grant Fiscal Year 2019 (Program Year
2018) Annual Action Plan, as Amended, shall
be included in the Five-Year Consolidated
Plan for the use of Community Development
Block Grant Funds for Fiscal Year 2016-2020.
Passed, approved and adopted this 3rd day
of June 2019
Roy D. Buol, Mayor
Attest: Kevin Firnstahl, City Clerk
5. Affordable Housing Network, Inc.
Agreement for Neighborhood Revitalization
(CHANGE Initiative): City Manager recom-
mending approval of an agreement with Af-
fordable Housing Network, Inc. for City support
in Housing TIF funds over the next five years
to complete the rehabilitation of 20 units (5
units per year), with the goal of providing af-
fordable homeownership opportunities. It is
further recommended that the City Council
approve the use of Community Development
Block Grant (CDBG) funding in from the FY
2019 CDBG Annual Allocation for the rehabili-
tation of an additional 5 units. Motion by Jones
to receive and file the documents and adopt
Resolution No. 224-19 Approving an Agree-
ment with Affordable Housing Network, Inc.,
for the rehabilitation of residential property
within the City of Dubuque for resale or rental
to low- and moderate-income families; and
Resolution No. 225-19 Authorizing staff to ne-
gotiate, draft, and execute and an Agreement
with Affordable Housing Network, Inc. for the
Community Development Block Grant Funds
allocated through the FY19 budget process in
accordance with a National Objective for the
rehabilitation of residential property within the
City of Dubuque for resale or rental to low- and
moderate-income families. Seconded by Lar-
son. Motion carried 7-0.
RESOLUTION NO. 224-19
APPROVING AN AGREEMENT WITH AF-
FORDABLE HOUSING NETWORK, INC.
FOR THE REHABILITATION OF RESIDEN-
TIAL PROPERTY WITHIN THE CITY OF
239 Regular Session June 3, 2019 Book 149
DUBUQUE FOR RESALE OR RENTAL TO
LOW- AND MODERATE-INCOME FAMILIES
Whereas, City has created Housing Tax
Increment Financing areas under Iowa Code
§403.22; and
Whereas, Iowa Code requires 38.1% of the
increment generated from the Housing Tax
Increment Financing areas be dedicated to
low- and moderate-income family housing as-
sistance; and
Whereas, City has created a fund to be
expended for one or more of the state code
purposes, including matching funds for any
state or federal moneys used for such purpos-
es; and
Whereas, City wishes to engage AHNI to
acquire, rehabilitate, resell, and/or manage
property consisting primarily of residential
units, for the benefit of low- and moderate-
income populations, located within the city
limits of Dubuque, Iowa.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, THAT:
Section 1. The Agreement is hereby ap-
proved.
Section 2. The Mayor is hereby authorized
and directed to execute such Agreement on
behalf of the City of Dubuque, Iowa.
Section 3. The City Council grants the au-
thority to the City Manager or the City Manag-
er’s designee to manage the agreement and
act in accordance with the terms of the agree-
ment.
Passed, approved, and adopted this 3rd
day of Junes 2019.
Roy D. Buol, Mayor
Attest: Kevin F. Firnstahl, City Clerk
RESOLUTION NO. 225-19
AUTHORIZING STAFF TO NEGOTIATE,
DRAFT, AND EXECUTE AND AN AGREE-
MENT WITH AFFORDABLE HOUSING
NETWORK, INC. FOR THE COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS
ALLOCATED THROUGH THE FY19 BUDG-
ET PROCESS IN ACCORDANCE WITH A
NATIONAL OBJECTIVE FOR THE REHA-
BILITATION OF RESIDENTIAL PROPERTY
WITHIN THE CITY OF DUBUQUE FOR RE-
SALE OR RENTAL TO LOW- AND MODER-
ATE-INCOME FAMILIES
Whereas, City is a recipient of United
States Housing and Urban Development De-
partment Community Development Block
Grant (CDBG) funds; and
Whereas, CDBG regulations allow the City
to award the funds to subrecipients for projects
meeting a national objective; and
Whereas, one of the national objectives in-
cludes activities benefiting low and moderate-
income persons, at least 51 percent of whom
are low- and moderate-income persons; and
Whereas, City has budgeted in FY19 to
provide $180,000 to Affordable Housing Net-
work, Inc. (AHNI) to acquire, rehabilitate, re-
sell, and/or manage property consisting pri-
marily of residential units, for the benefit of
low- and moderate-income populations, locat-
ed within the city limits of Dubuque, Iowa; and
Whereas, in accordance with United States
Housing and Urban Development Department
regulations the City must have a written
agreement governing the commitments and
responsibilities of the parties in expending
CDBG funds toward the national objective.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, THAT:
Section 1. The City Manager or the City
Manager’s designee is authorized to negotiate,
draft, and execute an agreement with AHNI for
the budgeted CDBG funds.
Section 2. The City Council grants the au-
thority to the City Manager or the City Manag-
er’s designee to manage the agreement and
act in accordance with the terms of the agree-
ment.
Passed, approved, and adopted this 3rd
day of June 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
6. 2019 Usha Park Parking Lot Expansion
Project: City Manager recommending authori-
zation to initiate the informal bidding procedure
for the 2019 Usha Park Parking Lot Expansion
Project subject to a future budget amendment.
Motion by Del Toro to receive and file the doc-
uments and approve the recommendation.
Seconded by Larson. Motion carried 7-0.
7. Request for Work Session on Chaplain
Schmitt Island: The Schmitt Island Task Force
requests the City Council schedule a work
session for Monday, July 15 at 5:30 p.m. in the
Council Chambers to provide an update on the
Veterans Pond project, the Schmitt Island
Place Making plan and the Schmitt Island Task
Force vision for moving forward. Motion by
Resnick to receive and file the documents and
set the work session as requested. Seconded
by Jones. No schedule conflicts were noted.
Motion carried 7-0.
8. Request for Work Session on Project
Hope: City Manager recommending that the
City Council schedule a work session for Mon-
day, August 5, at 5:30 p.m., in the Council
Chambers on the Project Hope Quarterly Up-
date. Motion by Resnick to receive and file the
documents and set the work session as re-
quested. Seconded by Shaw. No schedule
conflicts were noted. Motion carried 7-0.
240 Special Session June 17, 2019 Book 149
9. Request for Work Session on Washing-
ton Neighborhood Market Analysis: City Man-
ager recommending that the City Council
schedule a work session for Monday, August
26, at 6:00 p.m. in the Council Chambers on
the 2019 Washington Neighborhood Market
Analysis Update. Motion by Larson to receive
and file the documents and schedule the work
session as requested. Seconded by Jones. No
schedule conflicts were noted. Motion carried
7-0.
10. Request for Work Session on Big Life,
Small City Campaign: Greater Dubuque De-
velopment Corporation President & CEO Rick
Dickinson requests the City Council schedule
a work session for August 26, at 6:00 p.m. in
the Council Chambers to present the Big Life,
Small City, You’re Home in Dubuque cam-
paign.(This work session would be in conjunc-
tion with the Washington Neighborhood Market
Analysis work session.). Motion by Shaw to
receive and file the documents and set the
work session as requested. Seconded by
Resnick. No schedule conflicts were noted.
Motion carried 7-0.
11. Southwest Arterial Construction Update
Video: Cable TV Division showed a video of
the recent progress of the Southwest Arterial
Project (May 2018). Motion by Resnick to re-
ceive and file the information and view the
video. Seconded by Jones. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Council Member Larson announced the
Bee Branch Greenway banner unveiling event
at 10:00 a.m. on Saturday, June 8 at 16th and
Elm Streets.
Council Member Del Toro reported on his
tour of the Council Chambers with second-
grade students from Kennedy Elementary and
the enthusiasm and ideas they expressed.
There being no further business, upon mo-
tion the City Council adjourned at 7:48 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special
session at 5:30 p.m. on June 17, 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, Shaw; City
Manager Van Milligen, City Attorney Brumwell
Absent: Council Member Rios
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
the Four Mounds Foundation.
WORK SESSION
Four Mounds Foundation Update
Ellen Goodmann Miller, Community & Re-
source Development Specialist for Gronen
Properties, introduced new Program Manager
Becky Bodish. Jill Courtney, Opera-
tions/Marketing Manager for Four Mounds;
and Four Mounds At-Large Board Members
Ben Bartels and Natalia Blaskovich presented
on the history and plans of the Four Mounds
Foundation. Topics included:
• Archaeological history of the Four
Mounds grounds;
• Burden family history of the gentle-
man’s farm, estate, and buildings;
• Formation of the Four Mounds Foun-
dation in 1987;
• Key rehabilitation and revitalization
investments and donation program;
• Site impact: hours of operation, visitor
demographics, summer camps, and
community service opportunities;
• HEART (Housing Education and Re-
habilitation Training) Program part-
nerships, projects and outcome data;
• Site public access and improvement
plan and phases 1 and 2;
• Expansion of the HEART Program;
• Relationship to City Council goals
and Imagine Dubuque 2027: A Call to
Action.
The presenters responded to questions
from the City Council.
There being no further business, upon mo-
tion the City Council adjourned at 6:00 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
241 Regular Session June 17, 2019 Book 149
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular
session at 6:03 p.m. on June 17, 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, Shaw; City
Manager Van Milligen, City Attorney Brumwell
Absent: Council Member Rios
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. American Council of Engineering Com-
panies of Iowa (ACECI) and American Council
of Engineering Companies (ACEC) Awards for
the Upper Bee Branch Creek Restoration Pro-
ject: Civil Engineer Deron Muehring and lead
design engineers Michael Jansen of IIW and
Eric Vieth of Strand Associates, presented the
City Council with three awards for the Upper
Bee Branch Creek Restoration Project. The
American Council of Engineering Companies
of Iowa 2019 Grand Prize Award in the Special
Projects category and the 2019 Grand Con-
ceptor Award; and the American Council of
Engineering Companies’ National Recognition
Award.
2. Connected World Magazine Recognition
of Transportation Services Manager Renee
Tyler: City Manager Michael Van Milligen pre-
sented Transportation Services Manager
Renee Tyler with Connected World Maga-
zine's "Women of the Machine 2 Machine /
Internet of Things"(WoM2M and IoT) Award.
PROCLAMATION(S)
1. Summer Learning Week (July 7-13,
2019) was accepted by Beth McGorry, Out-
reach Coordinator for St. Mark Youth Enrich-
ment, 1201 Locust Street.
CONSENT ITEMS
Motion by Resnick to receive and file the
documents, adopt the resolutions, and dispose
of as indicated. Seconded by Del Toro. Motion
carried 6-0.
1. Minutes and Reports Submitted: Airport
Commission of 5/20; Cable TV Commission of
6/5; Catfish Creek Watershed Management
Authority of 5/1, 6/5; City Council Proceedings
of 5/28, 6/3; Historic Preservation Commission
of 5/16; Library Board of Trustees of 3/28,
4/25; and Council Update #183 of 5/24; Zoning
Advisory Commission of 5/19; Zoning Board of
Adjustment of 5/23; Proof of publication of City
Council Proceedings of 5/20, 5/28. Upon mo-
tion the documents were received and filed.
2. Notice of Claims and Suits: Donna
Kuhlman for vehicle damage. Upon motion the
document was received, filed, and referred to
the City Attorney.
3. Disposition of Claims: City Attorney ad-
vising that the following claims have been re-
ferred to Public Entity Risk Services of Iowa,
the agent for the Iowa Communities Assurance
Pool: Donna Amy Kuhlman for vehicle dam-
age. Upon motion the documents were re-
ceived, 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. 226-19 Authorizing the Finance
Director-City Treasurer to make certain pay-
ments of bills that must be paid and approved
for payment in accordance with City proce-
dures was adopted.
RESOLUTION NO. 226-19
AUTHORIZING THE FINANCE DIRECTOR-
CITY TREASURER TO MAKE CERTAIN
PAYMENTS OF BILLS THAT MUST BE PAID
AND APPROVED FOR PAYMENT IN AC-
CORDANCE 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 req-
uisitioned for a lawful municipal purpose; and
Whereas, the Finance Director-City Treas-
urer 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
242 Regular Session June 17, 2019 Book 149
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 pay-
ment 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 requested
by designated requisitioning authorities in ac-
cordance with approved budget appropria-
tions.
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 17th
day of June 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. Art on the River 2019 Exhibits Recom-
mendation: Arts and Cultural Advisory Com-
mission recommended approval of the pro-
poses selections for the Art on the River Ex-
hibit 2019. Upon motion the documents were
received, filed and approved.
6. Dubuque Golf & Country Club Fireworks
Request 2019: Correspondence from Lance
Marting, General Manager/CEO of the Dubu-
que Golf & Country Club, requesting permis-
sion to display fireworks on Thursday, July 4,
2019 at about 9:30 p.m. with a rain date of
Friday, July 5, 2019. Upon motion the docu-
ment was received, filed and approved.
7. Cub Scouts Day Camp BB and Archery
Range: Request from Boy Scouts of America
Northeast Iowa Council to run a BB and ar-
chery range on August 3, 2019 from 9:00 a.m.
to 3:00 p.m. at A.Y. McDonald Park in conjunc-
tion with their Cub Scout Day Camp special
event permit. Upon motion the document was
received, filed and approved.
8. Civil Service Commission - Certified
Lists: Civil Service Commission submitting the
Certified Lists for the positions of Industrial
Electronics Technician and Water Meter Re-
pair worker II. Upon motion the documents
were received, filed, and made a Matter of
Record.
June 5, 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 Industrial Electronics Technician was ad-
ministered on April 30, 2019. We hereby certify
that the individuals listed below have passed
this written examination and the vacancy for
this position should be made from this list and
that this list is good for one (1) year from
above date.
Industrial Electronics Technician
1. Michael Reinert, 2. James Herbst, 3. Larry
Hoppman, 4. Devin Sweeney, 5. Jason Deppe,
6. Adam Leeser
Respectfully submitted,
/s/Dan White, Chairman
Civil Service Commission
June 5, 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 Water Meter Repair worker II was adminis-
tered on May 9, 2019. We hereby certify that
the individuals listed below have passed this
written examination and the vacancy for this
position should be made from this list and that
this list is good for two (2) years from above
date.
Water Meter Repair Worker II
1. Carl Plumley, 2. Jeffrey Davis, Jr., 3. James
Herbst, 4. Justin Licht, 5. John Kirk
Respectfully submitted,
/s/Dan White, Chairman
Civil Service Commission
9. Medical Plan Administrative Services
Fee and Stop Loss Insurance Coverage Re-
newal: City Manager recommended approval
of the Medical Plan Administrative Services
Fee and Stop Loss Insurance Coverage Re-
newal for the City’s health and prescription
drug plans with Wellmark effective July 1,
2019 through June 30, 2020. Upon motion the
documents were received, filed and approved.
10. Approval of an Addendum to the Work-
ers’ Compensation Claims Administrative Ser-
vices Agreement: City Manager recommended
approval of an Addendum to the Agreement
between the City of Dubuque and Alternative
Service Concepts for services related to the
administration of the City’s Workers’ Compen-
sation Program. Upon motion the documents
were received, filed and approved.
11. Vacant and Abandoned Buildings and
Problem Property Assessments: City Manager
recommended approval of a Resolution au-
thorizing the City to certify problem property
243 Regular Session June 17, 2019 Book 149
charges to the Dubuque County Treasurer in
order to establish real property liens for collec-
tion of such charges. Upon motion the docu-
ments were received and filed, and Resolution
No. 227-19 Authorizing the City to collect de-
linquent problem property charges in accord-
ance with 14-1J1 International Property
Maintenance Code Section 106.5 and/or Sec-
tion 109.5 Code of Ordinances of the City of
Dubuque, Iowa was adopted.
RESOLUTION NO. 227-19
AUTHORIZING THE CITY TO COLLECT DE-
LINQUENT PROBLEM PROPERTY CHARG-
ES IN ACCORDANCE WITH 14-1J1 INTER-
NATIONAL PROPERTY MAINTENANCE
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 un-
sanitary 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
Whereas, delinquent problem property
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:
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 Prob-
lem Property Assessment Schedule are delin-
quent in the payment of problem property
charges in the amount set aside of the respec-
tive 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 17th
day of June 2019.
Roy D Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
SCHEDULE OF ASSESSMENTS
Delinquent Vacant and Abandoned Build-
ings and Problem Property Charges
Location; Legal Description; Owner; Parcel
#; Amount
1961 Central Ave.; S 1/2 of Lot 1 of the
Sub of City Lots 438, 439, & part of 676 1961-
1965 Central Ave.; Damaso, Maximo C. &
Celestine M. 2620 Pearl St., Dubuque, IA
52001; 1024252007; $2,384.56
2134 Central Ave.; L. H. Lang’s Add N 65'
Lot 11 2134-2146 Central Ave.; Property In-
vestments Group LLC; 605 Bluff St.; Dubuque,
IA 52001;1024207008; $1,369.59
2134 Central Ave.; L. H. Lang’s Add N 65'
Lot 11 2134-2146 Central Ave; Property In-
vestments Group LLC; 605 Bluff St; Dubuque,
IA 52001; 1024207008; $292.12
2134 Central Ave.; L. H. Lang’s Add N 65'
Lot 11 2134-2146 Central Ave.; Property In-
vestments Group, LLC; 605 Bluff St.; Dubu-
que, IA 52001; 1024207008; $158.56
1460 Central Ave.; N 1/4 of City Lot 443;
Wilson Realty LLC; 71 Ford Dr.; East Dubu-
que, IL 61025 ;1024408004; $1,746.94
12. Public, Educational, and Government
(PEG) Capital Grant Expenditure Request:
City Manager recommended approval of the
Cable TV Commission's request for funding
from the Public, Educational, and Government
(PEG) Capital Grant for Access Equipment
and Facilities to purchase a closed captioning
decode, an FS1 frame synchronizer, and a
spare camera for the City Council Chambers.
Upon motion the documents were received,
filed and approved.
13. Local College Access Network Grant
Letter of Support for Year II: City Attorney rec-
ommended approval to submit a letter of sup-
port of the Community Foundation of Greater
Dubuque’s application for a Year II Local Col-
lege Access Network Grant from the Iowa Stu-
dent Aid Commission. Upon motion the docu-
ments were received, filed and approved.
14. Request for Proposal for 42-Inch Sani-
tary Sewer Force Main Internal Inspection Pro-
ject: City Manager recommended approval to
release a Request for Proposal for qualified
sewer pipe inspection firms to complete an
internal pipe inspection and needs assessment
for the City’s existing 42-inch sanitary sewer
force main. It is further recommended that the
City Manager be authorized to negotiate the
final terms of an agreement and execute a
contract with the vendor recommended by the
RFP Committee. Upon motion the documents
were received, filed and approved.
15. Approving Fund Transfers for Capital
Projects and Other Expense Reimbursements
in Fiscal Year 2019: City Manager recom-
mended approval of the suggested proceed-
ings approving a transfer of funds for capital
244 Regular Session June 17, 2019 Book 149
projects and other expense reimbursements
pursuant to an amendment to the Iowa Admin-
istrative Rules Code 545-2.5(5). Upon motion
the documents were received and filed, and
Resolution No. 228-19 Authorizing the Director
of Finance and Budget to make the appropri-
ate interfund transfers of sums and record the
same in the appropriate manner for the Fiscal
Year 2019 for the City of Dubuque, Iowa was
adopted.
RESOLUTION NO. 228-19
AUTHORIZING THE DIRECTOR OF FI-
NANCE AND BUDGET TO MAKE THE AP-
PROPRIATE INTERFUND TRANSFERS OF
SUMS AND RECORD THE SAME IN THE
APPROPRIATE MANNER FOR THE FY 2019
FOR THE CITY OF DUBUQUE, IOWA
Whereas, Iowa Administrative Rules Code
Section 545-2.5(5) implements Iowa Code
Section 384.18 and provides that the City
Council shall approve all transfers of moneys
from one budgeted fund to another budgeted
fund as provided in Iowa Administrative Rules
Code Section 545-2.5(5).
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Authorize the Director of Fi-
nance and Budget to Transfer Funds. That the
Director of Finance and Budget be and is
hereby authorized by the City Council to make
the appropriate interfund transfer of sums and
record the same in the appropriate manner for
FY 2019.
Section 2. Transfer of Funds. That the Di-
rector of Finance and Budget will transfer the
following sums and to record the same in the
appropriate manner:
1. Transfer from General Fund to the
Section 8 Fund $184,681.00 for the deficit
related to HUD administrative funding.
2. Transfer from DRA Distribution Fund
to the Sales Tax Construction Fund
$2,161.00 for Eagle Point Park Bridge
Complex.
3. Transfer from the DRA Distribution
Fund to the Airport Construction Fund
$29,468.00 for Old Airline Terminal As-
sessment and New Terminal Landscaping.
4. Transfer from the Tort Liability Fund to
the General Fund $136,179.65 for the cost
of liability insurance.
5. Transfer from the Trust & Agency
Fund to the General Fund $1,583,627.28
for the cost of employee benefits.
6. Transfer from the Dubuque Industrial
Center Tax Increment Financing Fund to
the General Fund $9,902.96 for the reim-
bursement of Tax Increment Financing eli-
gible expenses.
7. Transfer from the Dubuque Industrial
Center Tax Increment Financing Fund to
the General Construction Fund $47,932.99
for the reimbursement of Tax Increment
Financing eligible expenses.
8. Transfer from the North Cascade
Housing Tax Increment Financing Fund to
the General Construction Fund $12,214.75
for the reimbursement of Housing Tax In-
crement Financing eligible expenses.
9. Transfer from the English Ridge Hous-
ing Tax Increment Financing Fund to the
General Construction Fund $27,544.00 for
the reimbursement of Housing Tax Incre-
ment Financing eligible expenses.
10. Transfer from the Greater Downtown
Tax Increment Financing Fund to the Gen-
eral Fund $150,125.12 for the reimburse-
ment of Tax Increment Financing eligible
expenses.
11. Transfer from the Greater Downtown
Tax Increment Financing Fund to the Iowa
Finance Authority Housing Trust Fund
$50,000.00 for the grant match.
12. Transfer from the Greater Downtown
Tax Increment Financing Fund to the Gen-
eral Construction Fund $259,667.69 for the
reimbursement of Tax Increment Financing
eligible expenses.
13. Transfer from the Road Use Tax
Fund to the Street Construction Fund
$904,082.59 for Grandview/University
Roundabout and North Cascade Road.
14. Transfer from the Road Use Tax
Fund to the General Construction Fund
$220.48 for Corridor Study Alternates.
15. Transfer from the Sales Tax Con-
struction Fund to the Airport Construction
Fund $79,140.31 for Airport Fencing,
Hanger Repairs, New Terminal Landscap-
ing, FBO Restroom Update, Replace Gar-
age Door, Cap Old Well, Wireless Network.
16. Transfer from the General Construc-
tion Fund to the Street Construction Fund
$385,930.00 for Grandview/University
Roundabout.
17. Transfer from Sales Tax Construction
Fund to the Stormwater Operating Fund
$234,035.13 for stormwater subsidies re-
lated to tax exempt entities, farms, and half
rate for income qualified.
18. Transfer from DRA Distribution Fund
to the Stormwater Operating Fund
$118,906.00 for stormwater subsidies re-
lated to tax exempt entities, farms, and half
rate for income qualified.
19. Transfer from the Sales Tax Incre-
ment Fund to the Debt Service Fund
$2,642,669.40 for debt service related to
previously issued general obligation debt.
20. Transfer from the Passenger Facility
Charge Fund to the Debt Service Fund
$202,034.00 for debt service related to
previously issued general obligation debt.
245 Regular Session June 17, 2019 Book 149
21. Transfer from General Fund to the
Debt Service Fund $608,734.81 for debt
service related to previously issued general
obligation debt.
22. Transfer from the Greater Downtown
Tax Increment Financing Fund to the Debt
Service Fund $4,489,665.41 for debt ser-
vice related to previously issued general
obligation debt.
23. Transfer from the Road Use Tax
Fund to the Debt Service Fund $57,524.06
for debt service related to previously is-
sued general obligation debt.
24. Transfer from the Street Construction
Fund to the Debt Service Fund
$296,201.00 for debt service related to
previously issued general obligation debt.
25. Transfer from the Sales Tax Con-
struction Fund to the Debt Service Fund
$496,618.60 for debt service related to
previously issued general obligation debt.
26. Transfer from the Dubuque Industrial
Center Tax Increment Financing Fund to
the Debt Service Fund $1,239,942.93 for
debt service related to previously issued
general obligation debt.
27. Transfer from Dubuque Industrial
Center Tax Increment Financing Fund to
the Flexsteel Restricted Escrow Fund
$665,839.00 for the obligation plus interest.
Passed, approved and adopted this 17th
day of June 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
16. 2017 City Council Official Proceedings:
City Clerk submitting the 2017 Official City
Council Proceedings. Upon motion the docu-
ments were received, filed and approved.
17. Bee Branch Gate & Pump Station Re-
placement Project (Phase 5) EDA Grant Ad-
ministration: City Manager recommended ap-
proval to hire East Central Intergovernmental
Association (ECIA) to perform grant admin-
istration services for the U.S. Economic De-
velopment Administration (EDA) grant funding
for the 16th Street Detention Basin Flood
Gates, a/k/a Bee Branch Flood Mitigation Gate
& Pump Station Replacement Project. Upon
motion the documents were received and filed,
and Resolution No. 229-19 Approving the con-
tract for the administration of the 2019 U.S.
Economic Development Administration Disas-
ter Relief Opportunity Grant for the stormwater
pumping station at the 16th Street Detention
Basin to East Central Intergovernmental Asso-
ciation was adopted.
RESOLUTION NO. 229-19
APPROVING THE CONTRACT FOR THE
ADMINISTRATION OF THE 2019 US ECO-
NOMIC DEVELOPMENT ADMINISTRATION
DISASTER RELIEF OPPORTUNITY GRANT
FOR THE STORMWATER PUMPING STA-
TION AT THE 16TH STREET DETENTION
BASIN TO EAST CENTRAL INTERGOV-
ERNMENTAL ASSOCIATION
Whereas, the City Council passed Resolu-
tion 368-18 in support of the grant application
for EDA grant funding for the 16th Street De-
tention Basin Culvert Inlet Structure and
Stormwater Pumping Station Project (Project);
and
Whereas, the City was awarded
$2,500,000.00 in Economic Development Ad-
ministration (EDA) grant funding; and
Whereas, the City Council passed Resolu-
tion 152-19 authorizing the Mayor to enter into
the Financial Assistance Award agreement
with EDA; and
Whereas, the it is in the best interest of the
City to engage the services of a firm to provide
EDA grant administration services for the
City’s proposed flood mitigation project.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
1. That East Central Intergovernmental As-
sociation (ECIA) is hereby selected to provide
grant administrative services required as part
of the EDA grant.
2. The City Manager is hereby authorized
to enter into a contract with ECIA to provide
administration service associated with the
$2,500,000 EDA grant for the 16th Street De-
tention Basin Flood Gates (a.k.a. Bee Branch
Flood Mitigation Gate & Pump Replacement
Project).
Passed, approved, and adopted this 17th
day of June 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
18. Community Development Block Grant
FY2020 (Grant Year 2019) Annual Plan
Amended for Allocation (#1): City Manager
recommended approval of Amendment 1 to
the Community Development Block Grant
(CDBG) Annual Action Plan. Upon motion the
documents were received and filed, and Reso-
lution No. 230-19 Adopting Amendment 1 to
the Fiscal Year 2020 (Program Year 2019)
Community Development Block Grant (CDBG)
Annual Action Plan was adopted.
RESOLUTION NO. 230-19
ADOPTING AMENDMENT 1 TO THE FISCAL
YEAR 2020 (PROGRAM YEAR 2019) COM-
MUNITY DEVELOPMENT BLOCK GRANT
(CDBG) ANNUAL ACTION PLAN
Whereas, the City of Dubuque prepared an
Annual Action Plan for Fiscal Year 2020; and
Whereas, the City now desires to amend
said Annual Plan by reallocating funds be-
246 Regular Session June 17, 2019 Book 149
tween existing activities and providing funds
for new activities; and
Whereas, said amendment is a substantial
amendment as provided in the City’s Citizen
Participation Plan and therefore must be ap-
proved by resolution of the City after a public
hearing by the Community Development Advi-
sory Commission; and
Whereas, the City made available for pub-
lic comment said Annual Action Plan on April
17, 2019 at a public meeting of the Community
Development Advisory Commission; and
Whereas, the Community Development
Advisory Commission reviewed said amend-
ment during a public hearing on May 15, 2019
and voted to approve said amendment and
recommend approval by the City Council.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, THAT:
Section 1. The Community Development
Block Grant Fiscal Year 2020 (Program Year
2019) Annual Action Plan Amendment 1, at-
tached hereto as Exhibit A is hereby approved.
Section 2. The Community Development
Block Grant Fiscal Year 2020 (Program Year
2019) Annual Action Plan, as Amended, shall
be included in the Five-Year Consolidated
Plan for the use of Community Development
Block Grant Funds for Fiscal Year 2016-2020.
Passed, approved, and adopted this 17th
day of June 2019
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
19. Community Development Block Grant
FY 2020 (Plan Year FY 2019) Annual Plan
Environmental Review and Request for Re-
lease of Funds: City Manager recommended
approval of the Environmental Review Deter-
mination and Request for Release of Funds
and Certifications for the Fiscal Year 2020
Community Development Block Grant. Upon
motion the documents were received and filed,
and Resolution No. 231-19 Authorizing request
for Release of Funds and Certification for
Community Development Block Grant (CDBG)
Funds for Fiscal Year 2020 (Program Funds
2019) was adopted.
RESOLUTION NO. 231-19
AUTHORIZING REQUEST FOR RELEASE
OF FUNDS AND CERTIFICATION FOR
COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) FUNDS FOR FISCAL YEAR
2020 (PROGRAM FUNDS 2019)
Whereas, the City of Dubuque has been
awarded Community Development Block
Grant funds from the U.S. Department of
Housing and Urban Development (HUD); and
Whereas, pursuant to the rules and regula-
tions as promulgated by the U.S. Department
of Housing and Urban Development (HUD), an
environmental review has been processed for
Community Development Block Grant funds;
and
Whereas, a Notice of Intent to Request Re-
lease of Funds for said grant has been pub-
lished on May 31, 2019 to commence the re-
quired fifteen (15) day comment period; and
Whereas, any and all comments received
as a result of such notice will be duly consid-
ered before proceeding with a Request for
Release of Funds and Certification, and
Whereas, a Request for Release of Funds
and Certification must be sent to the U.S. De-
partment of Housing and Urban Development
(HUD) at the conclusion of the comment peri-
od.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Mayor of the City of
Dubuque is hereby authorized and directed to
execute a Request for Release of Funds and
Certification on or about June 17, 2019 and
submit to the U.S. Department of Housing and
Urban Development (HUD).
Community Development Block Grant An-
nual Plan Projects
Fiscal Year 2020 (Program Year 2019)
Housing Programs: First Time Home
Buyer Program; Homeowner Rehabilita-
tion (Home Repair Loan Program; Resi-
dential Rehabilitation Loan Program; His-
toric Preservation Rehab, Accessibility
Rehab, Lead Waterline & Sewer Re-
placement); Housing Code Enforcement;
Housing Rehabilitation Services and
Staff; Lead Hazard Control; Rental Unit
Rehabilitation (Emergency Code En-
forcement Loan Program; Rental Rehab
Loan Program, Residential & Mixed-Use;
Accessibility Rehab; Purchase Rehab
Resale;
Economic Development Programs:
Commercial/Industrial Building Rehab
Loans; Economic Development Financial
Assistance Program and Micro-
Enterprise Assistance Program.
Neighborhood and Community Devel-
opment Programs: Accessible Curb
Ramps; Neighborhood Infrastructure Im-
provements (Neighborhood Street Over-
lays; Neighborhood Sidewalk Program;
Neighborhood Lighting Replacement);
Neighborhood Lighting Program; Neigh-
borhood Connectivity (Broad-
band/Internet); Neighborhood Recreation
Program; Neighborhood Support Grants;
Neighborhood Slum & Blight Reduction;
Purchase of Services; Senior Center;
Washington Tool Library; Zoning Inspec-
tion/ Enforcement; Four Mounds HEART
Program.
247 Regular Session June 17, 2019 Book 149
Planning and Administration: CDBG
Administration Services and Staff;
Neighborhood Development Services
and Staff; Housing Planning / Administra-
tive Services and Staff.
No funds will be committed prior to
completion of a review for other related
laws of 24 CFR 58.5, including Section
106, if required, for site-specific projects
that are currently unidentified.
Section 2. That the Mayor of the City of
Dubuque is hereby authorized to consent to
assume the status of a responsible federal
official under the National Environmental Pro-
tection Act, insofar as the provisions of the
said Act apply to the U.S. Department of Hous-
ing and Urban Development responsibilities for
review, decision making, and action assumed
and carried out by the City of Dubuque as to
environmental issues.
Section 3. That the Mayor of the City of
Dubuque is hereby authorized to consent per-
sonally, in his official capacity and on behalf of
the City of Dubuque, to accept the jurisdiction
of the federal courts if an action is brought to
enforce responsibilities in relation to environ-
mental review process, decision-making and
action.
Passed, approved, and adopted this 17th
day of June 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
20. Acceptance of a Permanent Easement
for Storm Sewer Utilities at 800 Laurel Street:
City Manager recommended acceptance of the
Grant of Permanent Easement for existing
public storm sewer from Thomas W. Riley and
Rachel K. Daack Riley across 800 Laurel
Street. Upon motion the documents were re-
ceived and filed, and Resolution No. 232-19
Accepting a Grant of Easement for storm sew-
er utilities over and across a part of Lot 1-2-1-2
in Laurel Place and Lot 1-1-2 in Laurel Place,
in the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 232-19
ACCEPTING A GRANT OF EASEMENT FOR
STORM SEWER UTILITIES OVER AND
ACROSS A PART OF LOT 1-2-1-2 IN LAU-
REL PLACE AND LOT 1-1-2 IN LAUREL
PLACE, IN THE CITY OF DUBUQUE, IOWA
Whereas, Thomas W. Riley and Rachel K.
Daack Riley have executed an Easement for
Storm Sewer Utilities through, over and across
a Part of Lot 1-2-1-2 in Laurel Place and Lot 1-
1-2 in Laurel Place, in the City of Dubuque,
Dubuque County, Iowa.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of
Dubuque, Iowa, hereby approves of, accepts
and consents to the Grant of Easement for
Storm Sewer Utilities through, over and across
Part of Lot 1-2-1-2 in Laurel Place and Lot 1-1-
2 in Laurel Place, in the City of Dubuque,
Dubuque County, Iowa from Thomas W. Riley
and Rachel K. Daack Riley, a copy of which is
attached hereto.
Section 2. The Mayor is hereby authorized
and directed to execute and acknowledge on
behalf of the City of Dubuque any instruments
in connection herewith.
Section 3. The City Clerk is hereby author-
ized to and directed to record this resolution
and easement with the Dubuque County Re-
corder.
Passed, approved, and adopted this 17th
day of June 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
21. Acceptance of the Eagle Point Park
Waterline and Water Service Replacement
Project: City Manager recommended ac-
ceptance of the Eagle Point Park Watermain
Extension and Water Service Replacement
Project as completed by Mainline Excavation
Co., Inc. Upon motion the documents were
received and filed, and Resolution No. 233-19
Accepting the Eagle Point Park Watermain
Extension and Water Service Replacement
and authorizing the payment of the contract
amount to the contractor was adopted.
RESOLUTION NO. 233-19
ACCEPTING THE EAGLE POINT PARK
WATERMAIN EXTENSION AND WATER
SERVICE REPLACEMENT AND AUTHORIZ-
ING THE PAYMENT OF THE CONTRACT
AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract
for the Eagle Point Park Watermain Extension
and Water Service Replacement Project (the
Project) has been completed by the contractor
and MSA Professional Services has examined
the work and filed a certificate stating that the
Project has been completed according to the
terms of the Public Improvement Contract and
that MSA Professional Services recommends
that the Project be accepted.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of MSA
Professional Services is approved, and the
Project is hereby accepted.
Section 2. The Director of Finance and
Budget is hereby directed to pay to the Con-
tractor from the Eagle Point Park Watermain
Extension and Water Service Replacement
Project capital improvement appropriation for
the contract amount of $81,615.78 less any
retained percentage provided for therein as
provided in Iowa Code chapter 573, and to pay
248 Regular Session June 17, 2019 Book 149
such retainage only in accordance with the
provisions of Iowa Code chapter 573.
Passed, adopted, and approved this 17th
day of June 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
22. America's River Corporation Contract-
ed Services Agreement for Fiscal Year 2020:
City Manager recommended execution of the
Contracted Services Agreement with Ameri-
ca’s River Corporation. America’s River Corpo-
ration. Upon motion the documents were re-
ceived, filed and approved.
23. Crescent Community Health Center
Contracted Services Agreement for Fiscal
Year 2020: City Manager recommended exe-
cution of the Contracted Services Agreement
with Crescent Community Health Center for
Fiscal Year 2020. Upon motion the documents
were received, filed and approved.
24. Dubuque Area Labor Management
Council Contracted Services Agreement for
Fiscal Year 2020: City Manager recommended
execution of the Contracted Services Agree-
ment with the Dubuque Area Labor-
Management Council for Fiscal Year 2020.
Upon motion the documents were received,
filed and approved.
25. Dubuque Main Street Contracted Ser-
vices Agreement for Fiscal Year 2020: City
Manager recommended execution of the Con-
tracted Services Agreement with Dubuque
Main Street for Fiscal Year 2020. Upon motion
the documents were received, filed and ap-
proved.
26. Dubuque Main Street Program Agree-
ment for Fiscal Year 2020: City Manager rec-
ommended approval of the Program Agree-
ment between Dubuque Main Street, the City
of Dubuque and the Iowa Economic Develop-
ment Authority for Fiscal Year 2020. Upon
motion the documents were received and filed,
and Resolution No. 241-19 Resolution of Sup-
port and Financial Commitment for the Main
Street Program in Dubuque was adopted.
RESOLUTION NO. 241-19
SUPPORT AND FINANCIAL COMMITMENT
FOR THE MAIN STREET PROGRAM IN
DUBUQUE
Whereas, an Agreement between the Iowa
Economic Development Authority, Dubuque
Main Street and the City of Dubuque for the
purpose of continuing the Main Street Iowa
program in Dubuque; and
Whereas, this Agreement is pursuant to
contractual agreements between Main Street
America and the Iowa Economic Development
Authority to assist in the revitalization of the
designated Main Street project area of Dubu-
que Iowa; and
Whereas, the City Council of Dubuque en-
dorses the goal of economic revitalization of
the designated Main Street District within the
context of preservation and rehabilitation of its
historic buildings and supports the continuation
of the Main Street Approach™ as developed
by Main Street America and espoused by Main
Street Iowa.
NOW THEREFORE BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT
1. The City of Dubuque hereby agrees to
support both financially and philosophically the
work of Dubuque Main Street, designates the
Main Street Board to supervise the Executive
Director and commits to appoint a city official
to represent the City on the local Main Street
Board. The source of funds to support Dubu-
que Main Street will be from the City’s General
Fund.
Passed, approved, and adopted this 17th
day of June 2019
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
27. DuRide Contracted Services Agree-
ment for Fiscal Year 2020: City Manager rec-
ommended execution of the Contracted Ser-
vices Agreement with DuRide for Fiscal Year
2020. Upon motion the documents were re-
ceived, filed and approved.
28. Greater Dubuque Development Corpo-
ration Contracted Services Agreement for Fis-
cal Year 2020: City Manager recommended
execution of the Contracted Services Agree-
ment with the Greater Dubuque Development
Corporation for Fiscal Year 2020. Upon motion
the documents were received, filed and ap-
proved.
29. Inclusive Dubuque Contracted Service
Agreement for Fiscal Year 2020: City Attorney
recommended execution of the Contracted
Services Agreement with Inclusive Dubuque
for Fiscal Year 2020. Upon motion the docu-
ments were received, filed and approved.
30. Operation: New View Community Ac-
ton Agency Contracted Service Agreement for
Fiscal Year 2020: City Manager recommended
execution of the Contracted Services Agree-
ment with Operation: New View Community
Action Agency for Fiscal Year 2020. Upon
motion the documents were received, filed and
approved.
31. Project H.O.P.E. Contracted Services
Agreement for Fiscal Year 2020: City Attorney
recommended execution of the Contracted
249 Regular Session June 17, 2019 Book 149
Services Agreement with Project H.O.P.E. for
Fiscal Year 2020. Upon motion the documents
were received, filed and approved.
32. Travel Dubuque Contracted Services
Agreement for Fiscal Year 2020: City Manager
recommended execution of Contracted Ser-
vices Agreement with Travel Dubu-
que/Dubuque Area Convention and Visitors
Bureau for Fiscal Year 2020. Upon motion the
documents were received, filed and approved.
33. Improvement Contracts / Performance,
Payment and Maintenance Bonds: Mainline
Excavating Co., Inc. for the 15 South Main
Street Building Deconstruction Project. Upon
motion the documents were received, filed and
approved.
34. Signed Contract: St. Mark Youth En-
richment for use of the Multicultural Family
Center (MFC) South at 1101 Central Avenue.
Upon motion the documents were received
and filed.
35. Alcohol and Tobacco License Applica-
tions: City Manager recommended approval of
annual liquor, beer, wine and tobacco license
applications as submitted. Upon motion the
documents were received and filed, and Reso-
lution No. 234-19 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; and Resolution No.
235-19 Approving applications for retail ciga-
rette/tobacco sales/nicotine/vapor permits, as
required by Iowa Code Chapter 453A.47A
were adopted.
RESOLUTION NO. 234-19
APPROVING APPLICATIONS FOR BEER,
LIQUOR, AND/OR WINE PERMITS, AS RE-
QUIRED BY CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 4 BUSINESS AND LI-
CENSE REGULATIONS, CHAPTER 2 LIQ-
UOR CONTROL, ARTICLE B LIQUOR,
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 re-
quirements 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 author-
ized and directed to cause to be issued the
noted permit types to the following applicants
pending submission of the locally required
documentation:
Renewal
Adobo's Mexican Grill, 756 Main St., Class C
Liquor (Catering) (Outdoor)
American Legion Post #6, 1306 Delhi St.,
Class C Liquor (Catering) (Outdoor) (Sunday)
Dubuque Bowling Lanes, 1029 1/2 Main St.,
Class C Liquor (Sunday)
Dubuque Museum of Art, 701 Locust St.,
Class C Liquor
Five Flags Center, 405 Main St., Class C
Liquor (Catering) (Sunday)
Hartig Drug Company #2, 157 Locust St.,
Class E Liquor, Class B Wine, Class C Beer
(Sunday)
Hy-Vee Wine & Spirits "A", 3500 Dodge St.,
Class E Liquor, Class B Wine, Class C Beer
(Sunday)
Los Aztecas III Mexican Restaurant, 2345
N.W. Arterial, Class C Liquor (Outdoor) (Sun-
day)
Neighborhood Quick Mart, 690 W. Locust
St., Class C Beer, Class B Wine (Sunday)
Ooh La, 3460 Hillcrest Rd., Class B Wine
(WB)
Paul's Tavern, 176 Locust St., Class C Liq-
uor (Sunday)
Pioneers Rest Stop, 4900 Old Highway Rd.,
Class C Beer (Sunday)
Rotary Club of Dubuque, 135 W. 8th St.,
Special Class C Liquor (Outdoor) (Sunday)
The Smokestack, 62 East 7th St., Class C
Liquor (Living Qtr.) (Outdoor) (Sunday)
Walgreens #11942, 345 E 20th St., Class E
Liquor, Class B Wine, Class C Beer (Sunday)
Special Event(s) per Special Event Application
Submittal
National Mississippi River Museum and
Aquarium, 350 East 3rd St., Special Class C
Liquor (Outdoor)
New
Downtown Billiards, 1850 Central Ave.,
Class C Liquor
Passed, approved, and adopted this 17th
day of June 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 235-19
APPROVING APPLICATIONS FOR RETAIL
CIGARETTE / TOBACCO SALES / NICO-
TINE / VAPOR PERMITS, AS REQUIRED BY
IOWA CODE 453A.47A
Whereas, applications for Ciga-
rette/Tobacco Sales have been submitted and
filed with the City Council for approval and the
same have been examined and approved; and
Whereas, the premises to be occupied by
such applicants were inspected and found to
250 Regular Session June 17, 2019 Book 149
comply with the Ordinances of the City and the
applicants have filed the proper fees and oth-
erwise 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 author-
ized and directed to cause to be issued the
following named applicants and locations for
cigarette/tobacco sales permit.
Business Name, Business Address
Super Stop IV, 535 Hill St., Suite A
Port of Dubuque Marina, 450 East Third St.
Neighborhood Quick Mart, 690 W. Locust St.
Fareway Stores #114, 2050 J.F. Kennedy
Rd.
Big 10 Mart #10, 1875 J.F. Kennedy Rd.
Big 10 Mart #13, 2100 J.F. Kennedy Rd.
Midwest Vapors, 2600 Dodge St., Suite B4
My Cap Vendors, 1855 Greyhound Park Rd.
Jayde's Vapor Lounge, 3220 Dodge St.,
#104
Pioneer's Rest Stop, 4900 Old Hwy Rd.
Sid's Beverage Store Inc., 2727 Dodge St.
Passed, approved, and adopted this 17th
day of June, 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
ITEMS SET FOR PUBLIC HEARING
Motion by Larson to receive and file the
documents, adopt the resolutions, set the pub-
lic hearings as indicated, and direct the City
Clerk to publish notice as prescribed by law.
Seconded by Resnick. Motion carried 6-0.
1. Resolution of Intent to Dispose of City-
Owned Property at 445 Loras Boulevard: City
Manager recommended that the City Council
set a public hearing for July 1, 2019 to consid-
er the sale of City-owned property at 445 Lo-
ras Boulevard to Affordable Housing Network,
Inc. (AHNI). Upon motion the documents were
received and filed, and Resolution No. 236-19
Intent to dispose of an interest in City of Dubu-
que real estate, setting a time and place for
hearing and providing for the publication of
notice thereof was adopted setting a public
hearing for a meeting to commence at 6:00
p.m. on July 1, 2019.
RESOLUTION NO. 236-19
INTENT TO DISPOSE OF AN INTEREST IN
CITY OF DUBUQUE REAL ESTATE, SET-
TING A TIME AND PLACE FOR HEARING
AND PROVIDING FOR THE PUBLICATION
OF NOTICE THEREOF
Whereas, the City of Dubuque, Iowa (City)
owns 445 Loras Boulevard (the Property) le-
gally described as:
Lot 5 of the Subdivision of Out Lot 667
in the City of Dubuque, Iowa, according
to the recorded plat thereof; and
Whereas, the City acquired the Property by
petition as an abandoned property for the pur-
pose of its restoration and re-sale for owner-
occupied housing; and
Whereas, Affordable Housing Network, Inc.
will rehabilitate the property and sell it to an
income qualified household for single family
occupancy; and
Whereas, conveying the Property to Af-
fordable Housing Network, Inc. is consistent
with the City goal of creating opportunities for
affordable home ownership.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, THAT:
Section 1. The City Council shall conduct a
public hearing on the proposed disposition of
real estate in the City Council Chambers at the
Historic Federal Building, 350 W. 6th Street,
Dubuque, Iowa on the 1st day of July 2019
beginning at 6:00 p.m.
Section 2. The City Clerk be and is hereby
authorized and directed to publish notice of the
public hearing in the form attached hereto,
according to law.
Passed, approved and adopted this 17th
day of June 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
BOARDS/COMMISSIONS APPOINTMENTS
Appointments were made to the following
Boards/Commissions.
1. Airport Commission: One, 4-Year term
through September 14, 2021 (Vacant term of
Even). Applicant: Mariann Kurtz Weber, 955
Prince Phillip Dr. Motion by Shaw to appoint
Ms. Kurtz Weber to the 4-year term through
September 14, 2021. Seconded by Del Toro.
Motion carried 6-0.
2. Arts and Cultural Affairs Advisory Com-
mission: Three, 3-Year terms through June 30,
2022 (Expiring terms of Armstrong, Levasseur,
and Riedel). Applicants: Ryan Decker, 1192
Locust St. #3; Nicholas Halder, 876 S. Grand
Avenue (Additional Application); Ali Levasseur,
1318 Jackson St.; Susan Riedel, 282 Kelly’s
Bluff. Upon roll-call vote, Mr. Decker, Ms. Le-
vasseur, and Ms. Riedel were appointed to 3 -
year terms through June 30, 2022. (Decker = 5
Del Toro, Buol, Shaw, Jones, Larson; Halder 1
= Resnick; Levasseur = 6 Del Toro, Buol,
Resnick, Shaw, Jones, Larson; Riedel = 6 Del
Toro, Buol, Resnick, Shaw, Jones, Larson).
251 Regular Session June 17, 2019 Book 149
3. Civic Center Advisory Commission:
Three, 3-Year terms through June 29, 2022
(Expiring terms of Bakke, Blau, and Huff). Ap-
plicants: Rod Bakke, 3030 Karen St.; McKen-
zie Blau, 1548 Pego Ct.; Nicholas Huff, 3075
Old Country Ct. Motion by Shaw to appoint Mr.
Bakke, Ms. Blau and Mr. Huff to 3-year terms
through June 29, 2022. Seconded by Del Toro.
Motion carried 6-0.
4. Historic Preservation Commission: One,
3-Year term through July 1, 2022 (Expiring
term Stuter; W. 11th Street District). Applicant:
Charles Richard (Rick) Stuter, 1296 Prairie St.
(Living within the West 11th District). Motion by
Jones to appoint Mr. Stuter to the 3-year term
through July 1, 2022. Seconded by Resnick.
Motion carried 6-0.
5. Investment Oversight Advisory Commis-
sion: Two, 3-Year terms through July 1, 2022
(Expiring terms of Reisdorf and Ruden). Appli-
cants: Stephen Reisdorf, 740 Brookview Sq.;
Gary Ruden, Address verified - meets residen-
cy requirements. Motion by Resnick to appoint
Mr. Reisdorf and Mr. Ruden to 3-year terms
through July 1, 2022. Seconded by Shaw. Mo-
tion carried 6-0.
6. Library Board of Trustees: Two, 4-Year
terms through July 1, 2023 (Expiring terms of
Maddux and Mullin). Applicants: Rachel Brook,
1241 Jackson St.; Victor Lieberman, 1575
Montrose Terrace; Kevin Mink, 831 Alta Vista;
Pam Mullin, 2050 Mullin Rd. Upon Council
concurrence, Mayor Buol appointed Mr.
Lieberman and Ms. Mullin to 4-year terms
through July 1, 2023.
7. Park and Recreation Advisory Commis-
sion: Three, 3-Year terms through June 30,
2022 (Expiring terms of Kirkendall, McCoy,
and Werner). Applicants: Robert McCoy, 265
Main St.; Ray Werner, 2595 Greeley St.; Hobie
Wood, 65 Cambridge Ct. Motion by Shaw to
appoint Mr. McCoy, Mr. Werner and Mr. Wood
to 3-year terms through June 30, 2022. Se-
conded by Del Toro. Motion carried 6-0.
8. Resilient Community Advisory Commis-
sion: One, 3-Year term through July 1, 2022
(Expiring term of Specht). Applicant: Leah
Specht, 3248 Bittersweet Ln. Motion by Larson
to appoint Ms. Specht to the 3-year term
through July 1, 2022. Seconded by Del Toro.
Motion carried 6-0.
PUBLIC HEARINGS
1. Request to Rezone Lot 9 of Seippel
Court: Proof of publication on notice of public
hearing to consider approval of a request Bard
Materials / Ben Schroeder to rezone Lot 9
Seippel Court from AG Agricultural Zoning
District to MHI Modified Heavy Industrial Zon-
ing District and the Zoning Advisory Commis-
sion 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
Resnick. Planning Services Manager Laura
Carstens provided a staff report. Motion car-
ried 6-0.
Motion by Jones for final consideration and
passage of Ordinance No. 29-19 Amending
Title 16 of the City of Dubuque Code of Ordi-
nances, Unified Development Code, by reclas-
sifying hereinafter described property from AG
Agricultural District to MHI Modified Heavy
Industrial District. Seconded by Resnick. Mo-
tion carried 6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 29-19
AMENDING TITLE 16 OF THE CITY OF
DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY RECLAS-
SIFYING HEREINAFTER DESCRIBED
PROPERTY FROM AG AGRICULTURAL
DISTRICT TO MHI MODIFIED HEAVY IN-
DUSTRIAL 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 Devel-
opment Code, is hereby amended by reclassi-
fying the hereinafter described property from
AG Agricultural District to MHI Modified Heavy
Industrial District, to wit:
Lot 9 Seippel Road Commercial Park,
and to the centerline of the adjoining
public right-of-way, all in the city of
Dubuque, Iowa.
Section 2. The foregoing amendment has
heretofore been reviewed by the Zoning Advi-
sory Commission of the City of Dubuque, Io-
wa.
Section 3. This ordinance shall take effect
immediately upon publication, as provided by
law.
Passed, approved, and adopted this 17th
day of June 2019.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 21st day of June 2019.
/s/Kevin S. Firnstahl, City Clerk
2. Request to Rezone 1961 Central Ave-
nue: Proof of publication on notice of public
hearing to consider approval of a request from
Maximo Demaso to rezone property at 1961
Central Avenue from C-4 Downtown Commer-
252 Regular Session June 17, 2019 Book 149
cial zoning district to OC Office Commercial
Zoning District and the Zoning Advisory Com-
mission recommending denial. Motion by Lar-
son 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
Shaw. Planning Services Manager Laura Car-
stens provided a staff report. Motion failed 3-3
with Buol, Resnick and Jones voting nay.
Motion by Larson to concur with the denial.
Seconded by Jones. Motion carried 6-0.
3. 3000 Jackson, LC/ First Amendment to
Development Agreement (Dubuque Brewing &
Malting Building): Proof of publication on no-
tice of public hearing to consider approval of
the First Amendment to the Development
Agreement between the City of Dubuque and
3000 Jackson, LC for a capital investment at
3000-3040 Jackson Street, including the issu-
ance of Tax Increment Revenue Obligations;
and the City Manager recommended approval.
Motion by Jones to receive and file the docu-
ments and adopt Resolution No. 237-19 Ap-
proving a First Amendment to Development
Agreement by and between the City of Dubu-
que, Iowa and 3000 Jackson, LC including the
issuance of Urban Renewal Tax Increment
Revenue Obligations. Seconded by Larson.
Dale Todd, Regional Director of Development
for Hatch Development Group of Cedar Rap-
ids, spoke in favor of the request on behalf of
the developer and responded to questions
from the Council regarding TIF funding, City
financing and the historic tax credits needed to
progress the project. City Manager Van Milli-
gen provided information on the terms and
types of tax credits and the terms of the Letter
of Credit required to secure the City’s loan for
the project. Motion carried 6-0.
RESOLUTION NO. 237-19
APPROVING A FIRST AMENDMENT TO
DEVELOPMENT AGREEMENT BY AND BE-
TWEEN THE CITY OF DUBUQUE, IOWA
AND 3000 JACKSON, LC, INCLUDING THE
ISSUANCE OF URBAN RENEWAL TAX IN-
CREMENT REVENUE OBLIGATIONS
Whereas, the City Council, by Resolution
No. 175-18, dated June 4, 2018, entered into a
Development Agreement with 3000 Jackson,
LC for the redevelopment of 3000-3040 Jack-
son Street in the City of Dubuque, Iowa (the
Property); and
Whereas, the City Council, by Resolution
No. 208-19, dated June 3, 2019, declared its
intent to enter into a First Amendment to De-
velopment Agreement with 3000 Jackson, LC;
and
Whereas, pursuant to published notice, a
public hearing was held on the proposed First
Amendment to Development Agreement on
June 17, 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 First Amendment
to Development Agreement, for redevelopment
of the Property by 3000 Jackson, LC according
to the terms and conditions set out in the De-
velopment Agreement, as amended, including
the issuance of tax increment revenue obliga-
tions, is in the public interest of the City of
Dubuque.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the First Amendment to
Development Agreement by and between the
City of Dubuque and 3000 Jackson, LC., a
copy of which is attached hereto, including the
issuance of urban renewal tax increment reve-
nue obligations, is hereby approved.
Section 2. That the Mayor is hereby au-
thorized and directed to execute the Develop-
ment Agreement on behalf of the City of
Dubuque and the City Clerk is authorized and
directed to attest to his signature.
Section 3. That the City Manager is author-
ized to take such actions as are necessary to
comply with the terms of the Development
Agreement as herein approved.
Passed, approved, and adopted this 17th
day of June, 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
PUBLIC INPUT
Charlie Hunter, 2875 Argyle, speaking on
behalf of his daughter Alexandra, requested an
amendment to the City’s vicious animal ordi-
nance due to a June 2, 2019 dog-on-dog at-
tack where their Cocker Spaniel was attacked
by two unleashed, unregistered neighboring
Pit Bulls. They asked for stricter enforcement
for registration, control of pets, and proof of
vaccinations. Mayor Buol indicated that this
could become discussion for the City’s Pet-
Friendly Community Committee.
ACTION ITEMS
1. Dubuque Metropolitan Area Transporta-
tion Study (DMATS) Transportation Improve-
ment Program (TIP): Chandra Ravada, Direc-
tor of Transportation, Planning and Transit
Services for ECIA made a brief presentation
on the Dubuque Metropolitan Area Transporta-
tion Study (DMATS) Transportation Improve-
ment Program (TIP), significant projects and
projects seeking funding. Motion to receive
and file the documents. Seconded by Resnick.
Motion carried 6-0.
253 Regular Session June 17, 2019 Book 149
2. Award of the 2019 Pavement Marking
Project: City Manager recommended award of
the 2019 Pavement Marking Project construc-
tion contract for the 2019 Pavement Marking
Project to the only bidder, SELCO, Inc. Motion
by Del Toro to receive and file the documents
and adopt Resolution No. 238-19 Awarding
public improvement contract for the 2019
Pavement Marking Project. Seconded by Res-
nick. Motion carried 6-0.
RESOLUTION NO. 238-19
AWARDING PUBLIC IMPROVEMENT CON-
TRACT FOR THE 2019 PAVEMENT MARK-
ING PROJECT
Whereas, sealed proposals have been
submitted by contractors for the 2019 Pave-
ment Marking Project, (the Project) pursuant to
Resolution No. 188-19 and Notice to Bidders
published on the City of Dubuque website and
in a contractor plan room service with
statewide circulation on the 24th day of May
2019.
Whereas, said sealed proposals were
opened and read on the 6th day of June 2019
and it has been determined that SELCO, Inc.
of Blue Grass, Iowa, with a bid in the amount
of $119,740.23 is the lowest responsive, re-
sponsible 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 SELCO, Inc. and
the City Manager is hereby directed to execute
a Public Improvement Contract on behalf of
the City of Dubuque for the Project.
Passed, approved, and adopted this 17th
day of June 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. Award of the Central Avenue (9th - 21st)
Hot Mix Asphalt (HMA) Pavement Resurfacing
Project: City Manager recommended award of
the Central Avenue (9th - 21st) HMA Pavement
Resurfacing Project construction contract to
the low bidder, River City Paving. Motion by
Jones to receive and file the documents and
adopt Resolution No. 239-19 Awarding public
improvement contract for the US52 - Central
Avenue (9th - 21st Streets) HMA Pavement
Resurfacing Project. Seconded by Resnick.
Motion carried 6-0.
RESOLUTION NO. 239-19
AWARDING PUBLIC IMPROVEMENT CON-
TRACT FOR THE US52 - CENTRAL AVE-
NUE (9TH - 21ST) HMA PAVEMENT RESUR-
FACING PROJECT
Whereas, sealed proposals have been
submitted by contractors for the US52 - Cen-
tral Avenue (9th - 21st) HMA Pavement Resur-
facing Project, (the Project) pursuant to Reso-
lution No. 187-19 and Notice to Bidders pub-
lished on the City of Dubuque, Iowa website
and plan room service with statewide circula-
tion on the 24th day of May 2019; and
Whereas, said sealed proposals were
opened and read on the 6th day of June 2019
and it has been determined that River City
Paving of Kieler, Wisconsin, in the bid amount
of $1,335,856.96, 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 River City Paving
and the City Manager is hereby directed to
execute a Public Improvement Contract on
behalf of the City of Dubuque for the Project.
Passed, approved, and adopted this 17th
day of June 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
4. Expansion of the Urban Revitalization
District: City Manager recommended approval
to develop a plan for expansion of the Urban
Revitalization District program that would be
submitted for City Council consideration at a
future City Council meeting. Motion by Del
Toro to receive and file the documents and
adopt Resolution No. 240-19 Approving devel-
opment of a plan for a new Urban Revitaliza-
tion District. Seconded by Jones. Responding
to questions from the City Council, City Man-
ager Van Milligen stated that a new boundary
map would be forthcoming for City Council
approval. Motion carried 6-0.
RESOLUTION NO. 240-19
APPROVING A DEVELOPMENT OF A PLAN
FOR A NEW URBAN REVITALIZATION DIS-
TRICT
Whereas, the City Council approves the
development of a plan for a new Urban Revi-
talization District that would expand the exist-
ing districts. The Urban Revitalization Program
offers a property tax exemption for interior and
exterior improvements that increase the tax
assessment, and in turn the property taxes, for
residential property and commercial property.
Residential properties may receive a ten-year
exemption from the property tax increase due
to the improvements and commercial proper-
ties may receive a three-year exemption to
encourage improvements long term property
maintenance in these neighborhoods.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
254 Regular Session July 1, 2019 Book 149
Section 1. Direct City staff to develop a
plan for a new urban revitalization district for
City Council review and consideration.
Passed, approved, and adopted this 17th
day of June 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. Request for Work Session on Inclusive
Dubuque Quarterly Report: City Manager rec-
ommended that the City Council schedule a
work session for Monday, September 9, 2019
at 6:00 p.m. in the Council Chambers on the
Inclusive Dubuque Quarterly Report. Motion by
Del Toro to receive and file the documents and
schedule the work session as recommended.
Seconded by Resnick. No schedule conflicts
were noted. Motion carried 6-0.
CLOSED SESSION
Motion by Jones to convene in closed ses-
sion at 7:25 p.m. to discuss Pending Litigation
and Real Estate Transfer Negotiations pursu-
ant to Chapter 21.5(1)(c), -(j) Code of Iowa.
Seconded by Resnick. Mayor Buol stated for
the record that the attorneys who will consult
with City Council on the issues to be discussed
in the closed session are City Attorney Crenna
Brumwell, and Attorney Les Reddick. Motion
carried 6-0.
Having been updated by staff, upon motion
the City Council reconvened in open session
at 8:26 p.m.
There being no further business, upon mo-
tion the City Council adjourned at 8:27 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular
session at 6:00 p.m. on July 1, 2019 in the
second-floor Council Chambers of the Historic
Federal Building, 350 W. 6th Street.
Present: Mayor Pro Tem Rios; Council
Members Jones, Resnick, Shaw; City Manager
Van Milligen, City Attorney Brumwell
Absent: Mayor Buol; Council Members Del
Toro and Larson
Mayor Pro Tem Rios 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
PROCLAMATION(S)
1. Sister Cities International Day (July 15,
2019) was accepted by Sister City Commit-
tee/Travel Dubuque Representative Becky
Carkeek.
CONSENT ITEMS
Motion by Resnick to receive and file the
documents, adopt the resolutions, and dispose
of as indicated. Seconded by Jones. Council
Member Resnick requested #5 be held for
separate discussion. Motion carried 4-0.
1. Minutes and Reports Submitted: City
Council proceedings of 6/17; Five Flags Civic
Center Advisory Commission of 5/28; Housing
Commission of 4/23, 5/28; Resilient Communi-
ty Advisory Commission of 6/6; Transit Adviso-
ry Board of 6/20; Proof of publication for City
Council Proceedings of 6/3; Proof of publica-
tion for List of Claims and Summary of Reve-
nues for Month Ending 5/31. Upon motion the
documents were received and filed.
2. Notice of Claims and Suits: Lily Michele
Reed for property damage; Marc Zugenbueh-
ler for vehicle damage; Frantz Family Proper-
ties, LLC / CHS Forwards, LLC vs. City of
Dubuque, et al. for conveyance of real proper-
ty. Upon motion the documents were received,
filed, and referred to the City Attorney.
255 Regular Session July 1, 2019 Book 149
3. Disposition of Claims: City Attorney ad-
vising that the following claims have been re-
ferred to Public Entity Risk Services of Iowa,
the agent for the Iowa Communities Assurance
Pool: Lily Michele Reed for property damage,
Marc Zugenbuehler for vehicle damage. Upon
motion the documents were received, filed,
and concurred.
4. Approval of City Expenditures: City
Manager recommending Council approval for
payment of City expenditures. Upon motion
the documents were received and filed, and
Resolution No. 242-19 Authorizing the Finance
Director-City Treasurer to make certain pay-
ments of bills that must be paid and approved
for payment in accordance with City proce-
dures was adopted.
RESOLUTION NO. 242-19
AUTHORIZING THE FINANCE DIRECTOR-
CITY TREASURER TO MAKE CERTAIN
PAYMENTS OF BILLS THAT MUST BE PAID
AND APPROVED FOR PAYMENT IN AC-
CORDANCE 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 req-
uisitioned for a lawful municipal purpose; and
Whereas, the Finance Director-City Treas-
urer 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 pay-
ment 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 requested
by designated requisitioning authorities in ac-
cordance with approved budget appropria-
tions.
Section 2. In accordance with Iowa Code
Section 372.13(6), the City Clerk and Finance
Director are hereby authorized and directed to
provide the statement of receipts and dis-
bursements to the City Council, and to publish
a summary thereof.
Passed, approved, and adopted this 1st
day of July 2019.
Jake Rios, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
5. Arts and Cultural Affairs - Operating and
Special Project Grants for Fiscal Year 2020:
City Manager recommending approval of the
recommended recipients and grant amounts of
the Fiscal Year 2020 Arts Operating Support
and Special Project grants as approved by the
Arts & Cultural Affairs Advisory Commission.
Motion by Jones to receive and file and ap-
prove the recommendation. Seconded by
Shaw. Council Member Resnick stated that the
City Attorney has advised that he does not
have a conflict of interested in the matter of
Northeast Iowa School of Music’s grant appli-
cation for operating support, but that he pre-
ferred another Council Member make the mo-
tion. Motion carried 4-0.
6. Dubuque Racing Association 2018 An-
nual Report: City Manager providing a copy of
the Dubuque Racing Association's 2018 An-
nual Report. Upon motion the documents were
received and filed.
7. Award and Accept Harlan Street and
Euclid Street Alley Sanitary Sewer Recon-
struction Project: City Manager recommending
that the award for the Harlan Street and Euclid
Street Alley Sanitary Sewer Reconstruction
Project to Temperley Excavating, Inc. be offi-
cially recorded in the minutes of the City
Council. Upon motion the documents were
received, filed and made a Matter of Record.
8. Award Usha Park Parking Lot Expansion
Project: City Manager recommending that the
award for the Usha Park Parking Lot Expan-
sion Project to Eastern Iowa Excavating &
Concrete, LLC be officially recorded in the
minutes of the City Council. Upon motion the
documents were received, filed and made a
Matter of Record.
9. Awarding Orchard Drive Water Main Ex-
tension Project: City Manager recommending
that the award for the Orchard Drive Water
Main Extension 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.
256 Regular Session July 1, 2019 Book 149
10. Awarding the Grand River Center First
Floor Concourse Carpet Replacement Project:
City Manager recommending that the award
for the Grand River Center First Floor Con-
course Carpet Replacement Project to Floor
Show Companies be officially recorded in the
minutes of the City Council. Upon motion the
documents were received, filed and made a
Matter of Record.
11. Dubuque Museum of Art Request for
Consideration of Planning for Potential En-
hancements to Washington Park: City Manag-
er recommending that the Mayor and City
Council receive and file this item and give this
request consideration during the annual goal
setting that is scheduled for August 12, 13 and
14, 2019. Upon motion the document was re-
ceived and filed.
12. Small Community Air Service Devel-
opment Pilot Program Application - Letters of
Support: Letters of Support from Mayor Buol
and City Manager Van Milligen to the Office of
Aviation Analysis in support of the Dubuque
Regional Airport’s application for the Small
Community Air Service Development Pilot
Program at the Dubuque Regional Airport.
Upon motion the documents were received
and filed.
13. Iowa Department of Transportation
(IDOT) Funding Agreement No. 2019-TS-017
for the STREETS Program: City Manager rec-
ommending approval for the Mayor to execute
a Funding Agreement with the Iowa Depart-
ment of Transportation for a Traffic Safety Im-
provement Grant for the purchase and installa-
tion of dynamic message signs along US 20,
as part of Phase I of the Dubuque STREETS
Project. Upon motion the documents were
received and filed, and Resolution No. 243-19
Approving the Funding Agreement (Agreement
No. 2020-TS-017) with the Iowa Department of
Transportation for a Traffic Safety Improve-
ment Program to fund the Smart Traffic Rout-
ing with Efficient and Effective Traffic Signals
(STREETS) was adopted.
RESOLUTION NO. 243-19
APPROVING THE FUNDING AGREEMENT
(AGREEMENT NO. 2020-TS-017) WITH THE
IOWA DEPARTMENT OF TRANSPORTA-
TION FOR A TRAFFIC SAFETY IMPROVE-
MENT PROGRAM TO FUND A DYNAMIC
MESSAGE SIGN AS PART OF PHASE I OF
THE SMART TRAFFIC ROUTING WITH EF-
FICIENT AND EFFECTIVE TRAFFIC SIG-
NALS (STREETS)
Whereas, the STREETS project is de-
signed to improve traffic conditions throughout
the Dubuque metro area by distributing traffic
more evenly on the region’s major corridors.
The STREETS project will modify the signal
timings through a seamless interface between
a signal timing model and signals used in the
field; and
Whereas, the City has determined that
STREETS project will reduce congestion,
shorten travel times, improve air quality, and
improve safety in the metro area. By rerouting
traffic on the roads with extra capacities dy-
namically, it is expected that the proposed
system will reduce traffic bottlenecks as rec-
ommended by the adopted East-West Corridor
Study; and
Whereas, the City in partnership with
DMATS requested Traffic Safety Improvement
Program funding in the amount of $100,000 to
assist with a Phase I of the Dubuque
STREETS program.
NOW, THEREFORE, IT IS AGREED BY
AND BETWEEN THE PARTIES AS FOL-
LOWS:
Section 1. That said Funding Agreement
(Agreement No. 2020-TS-017) between the
City of Dubuque and the Iowa Department of
Transportation is hereby approved.
Section 2. That the Mayor is hereby au-
thorized and directed to execute the Funding
Agreement (Agreement No. 2020-TS-017) for
a dynamic message sign as part of Phase I of
the Smart Traffic Routing with Efficient and
Effective Traffic Signals (STREETS) program.
Passed, approved, and adopted this 1st
day of July 2019.
Jake Rios, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
14. Iowa Department of Transportation
(IDOT) Funding Agreement No. 2019-TS-025
for the STREETS Program Study: ty Manager
recommending approval for the Mayor to exe-
cute a Funding Agreement with the Iowa De-
partment of Transportation for a Traffic Safety
Improvement Grant to assist with funding the
Smart Traffic Routing with Efficient and Effec-
tive Traffic Signals (STREETS) study that will
develop a smart, next generation traffic man-
agement and control system. Upon motion the
documents were received and filed, and Reso-
lution No. 244-19 Approving the Funding
Agreement (Agreement No. 2019-TS-025) with
the Iowa Department of Transportation for a
Traffic Safety Improvement grant to fund the
Smart Traffic Routing with Efficient and Effec-
tive Traffic Signals (STREETS) was adopted.
RESOLUTION NO. 244-19
APPROVING THE FUNDING AGREEMENT
(AGREEMENT NO. 2019-TS-025) WITH THE
IOWA DEPARTMENT OF TRANSPORTA-
TION FOR A TRAFFIC SAFETY IMPROVE-
MENT GRANT TO FUND THE SMART
TRAFFIC ROUTING WITH EFFICIENT AND
257 Regular Session July 1, 2019 Book 149
EFFECTIVE TRAFFIC SIGNALS (STREETS)
STUDY
Whereas, the STREETS project is de-
signed to improve traffic conditions throughout
the Dubuque metro area by distributing traffic
more evenly on the region’s major corridors.
The STREETS project will modify the signal
timings through a seamless interface between
a signal timing model and signals used in the
field; and
Whereas, the City has determined that
STREETS project will reduce congestion,
shorten travel times, improve air quality, and
improve safety in the metro area. By rerouting
traffic on the roads with extra capacities dy-
namically, it is expected that the proposed
system will reduce traffic bottlenecks as rec-
ommended by the adopted East-West Corridor
Study; and
Whereas, the City in partnership with
DMATS requested Traffic Safety Grant funding
in the amount of $50,000 to assist with a study
to develop the STREETS scope.
NOW, THEREFORE, IT IS AGREED BY
AND BETWEEN THE PARTIES AS FOL-
LOWS:
Section 1. That said Funding Agreement
(Agreement No. 2019-TS-025) between the
City of Dubuque and the Iowa Department of
Transportation is hereby approved.
Section 2. That the Mayor is hereby au-
thorized and directed to execute the Funding
Agreement (Agreement No. 2019-TS-025) for
a study to develop the Smart Traffic Routing
with Efficient and Effective Traffic Signals
(STREETS) scope.
Passed, approved, and adopted this 1st
day of July 2019.
Jake Rios, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
15. Consent to Amendment to Sublease
Agreement between Dubuque Racing Associa-
tion and Iowa Greyhound Association: City
Manager recommending that the City Council
consent to the Amendment to Sublease
Agreement between Dubuque Racing Associa-
tion and Iowa Greyhound Association that ex-
tends the sublease to March 31, 2024. Upon
motion the documents were received, filed and
approved.
16. Fiscal Year 2020 Workers' Compensa-
tion Excess Insurance Renewal: City Manager
recommending approval of the Workers' Com-
pensation excess insurance renewal rate
submitted by Safety National, the City's current
carrier, effective July 1, 2019 through June 30,
2020. Upon motion the documents were re-
ceived, filed and approved.
17. Approval of the Administrative Services
Agreement between RxBenefits, Inc. and the
City of Dubuque: City Manager recommending
approval of the Administrative Services
Agreement with RxBenefits, Inc. and authoriz-
ing the City Manager to execute the agree-
ment. Upon motion the documents were re-
ceived, filed and approved.
18. Collective Bargaining Agreement Be-
tween the City of Dubuque and the Dubuque
Police Protective Association: City Manager
recommending that the City Council receive
and file the arbitration award for the Collective
Bargaining Agreement between the City of
Dubuque and the Dubuque Police Protective
Association. Upon motion the documents were
received and filed.
19. Code of Ordinances – Adoption of
Supplement No. 32: City Clerk recommending
adoption of Supplement No. 32 to the City of
Dubuque Code of Ordinances. Upon motion
the documents were received and filed, and
Resolution No. 245-19 Adopting Supplement
No. 32 to the Code of Ordinances of the City of
Dubuque, Iowa was adopted.
RESOLUTION NO. 245-19
ADOPTING SUPPLEMENT NO. 32 TO THE
CODE OF ORDINANCES OF THE CITY OF
DUBUQUE, IOWA
Whereas, under date of August 17, 2009,
the City Council, pursuant to Ordinance No.
43-09, readopted the Code of Ordinances of
the City of Dubuque, Iowa in its entirety; and
Whereas, since August 17, 2009 the City
Council of the City of Dubuque, Iowa has
adopted certain ordinances amending the
Code of Ordinances and said amendments
have been printed as supplements to the Code
of Ordinances; and
Whereas, Section 380.8 of the Code of Io-
wa provides that supplements, by resolution,
become part of the Code of Ordinances.
Whereas, Code Supplements are prepared
by the Sterling Codifiers, Inc., and filed in the
Office of the City Clerk of the City of Dubuque,
Iowa.
NOW THEREFORE BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Supplement No. 32 to the
City of Dubuque Code of Ordinances, which
codifies Ordinance Nos. 2-19, 9-19, 11-19
through 17-19, 22-19 and 23-19 is hereby
adopted and becomes part of the Code of Or-
dinances of the City of Dubuque, Iowa.
Passed, approved, and adopted this 1st
day of July 2019.
Jake Rios, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
258 Regular Session July 1, 2019 Book 149
20. Mediacom Communications Company:
Correspondence from Lee Grassley, Senior
Manager of Government Relations for Media-
com Communications Company, informing the
City of programming changes on or about July
22, 2019. Upon motion the document was re-
ceived and filed.
21. Signed Contract(s): Alliant Energy In-
terruptible Service Contract 2019-2020; Amer-
ican River Transportation Co. dba ARTCO
Fleeting Services Short-term Docking License
Agreement. Upon motion the document was
received and filed.
22. Improvement Contracts / Performance,
Payment and Maintenance Bonds: Eastern
Iowa Excavating and Concrete for the Usha
Park Parking Lot Expansion; Drew Cook &
Sons Excavating, Co., Inc. for Orchard Drive
Water Main Extension Project 2019; Midwest
Concrete, Inc. for the 2019 Asphalt Overlay
Ramp Project Three. Upon motion the docu-
ments were received, filed and approved.
23. 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. 246-19 Approv-
ing 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. 246-19
APPROVING APPLICATIONS FOR BEER,
LIQUOR, AND/OR WINE PERMITS, AS RE-
QUIRED BY CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 4 BUSINESS AND LI-
CENSE REGULATIONS, CHAPTER 2 LIQ-
UOR CONTROL, ARTICLE B LIQUOR,
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 re-
quirements 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 author-
ized and directed to cause to be issued the
noted permit types to the following applicants
pending submission of the locally required
documentation:
Renewals
7 Hills Brewing Co, LLC, 1085 Washington St.,
Class C Liquor, Brew Pub (Outdoor) (Sun-
day)
Creslanes Bowling, 255 South Main St., Class
C Liquor (Sunday)
Diamond Jo Casino, 301 Bell St., Class C Liq-
uor, Class B Wine (Outdoor) (Sunday)
Fischer Lanes, 880 Locust St., Class C Liquor
(Sunday)
Kwik Star #236, 2035 John F Kennedy Rd.,
Class C Beer, Class B Native Wine (Sunday)
Oolong Asian Cuisine, 145 West 11th St.,
Special Class C Liquor, Class B Native Wine
Special Event(s) per Special Event Application
Submittal
Dubuque Main Street 7-15 and 8-12, 700 Main
St., Special Class C Liquor (Outdoor)
Passed, approved, and adopted this 1st
day of July 2019.
Jake Rios, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
ITEMS SET FOR PUBLIC HEARING
Motion by Resnick to receive and file the
documents, adopt the resolutions, set the pub-
lic hearings as indicated, and direct the City
Clerk to publish notice as prescribed by law.
Seconded by Jones. Motion carried 4-0.
1. Chaplain Schmitt Veteran's Memorial
Site Improvements Project: City Manager rec-
ommending initiation of the public bidding pro-
cedure for the Chaplain Schmitt Veteran’s
Memorial Project, and further recommends
that a public hearing be set for July 15, 2019.
Upon motion the documents were received
and filed and Resolution No. 247-19 Prelimi-
nary approval of plans, specifications, form of
contract and estimated cost; setting the date
for a public hearing on plans, specifications,
form of contract, and estimated cost; and or-
dering the advertisement of bids for the Chap-
lain Schmitt Veteran's Memorial Project was
adopted setting a public hearing for a meeting
to commence at 6:00 p.m. on July 15, 2019 in
the Historic Federal Building.
RESOLUTION NO. 247-19
CHAPLAIN SCHMITT VETERAN’S MEMO-
RIAL PROJECT
PRELIMINARY APPROVAL OF PLANS,
SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST; SETTING DATE
OF PUBLIC HEARING ON PLANS, SPECI-
FICATIONS, 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:
259 Regular Session July 1, 2019 Book 149
Section 1. The proposed plans, specifica-
tions, form of contract and estimated cost for
the Chaplain Schmitt Veteran’s Memorial Pro-
ject in the estimated amount $2,511,000.00,
are hereby preliminarily approved and ordered
filed in the office of the City Clerk for public
inspection.
Section 2. A public hearing will be held on
the 15th day of July 2019, at 6:00 p.m. in the
Historic Federal Building Council Chambers
(second floor) 350 W. 6th Street, Dubuque,
Iowa, at which time interested persons may
appear and be heard for or against the pro-
posed plans and specifications, form of con-
tract and estimated cost of said Project, and
the City Clerk be and is hereby directed to
cause the attached notice of the time and
place of such hearing to be published in a
newspaper having general circulation in the
City of Dubuque, Iowa, which notice shall be
published not less than four days nor more
than twenty days prior to the date of such
hearing. At the hearing, any interested person
may appear and file objections to the proposed
plans, specifications, form of contract, or esti-
mated cost of the Project.
Section 3. The Chaplain Schmitt Veteran’s
Memorial Project is hereby ordered to be ad-
vertised for bids for construction.
Section 4. The amount of the security to
accompany each bid shall be in an amount
which shall conform to the provisions of the
Notice to Bidders hereby approved.
Section 5. The City Engineer is hereby di-
rected to advertise for bids for the construction
of the improvements herein provided, by pub-
lishing the Notice to Bidders to be published
on the City of Dubuque website and a contrac-
tor plan room service with statewide circula-
tion, which notice shall be published not less
than thirteen but not more than forty-five days
before the date for filing bids before 2:00 p.m.
on the 1st day of August 2019. Bids shall be
opened and read by the City Clerk at said time
and will be submitted to the City Council for
final action at 6:00 p.m. on the 19th day of Au-
gust 2019, in the Historic Federal Building
Council Chambers (second floor), 350 West 6th
Street, Dubuque, Iowa.
Passed, approved and adopted this 1st day
of July 2019.
Jake Rios, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
2. Vacate Public Utility Easements on Lot 3
of Plaza Court, 1590 Curtis Street: City Man-
ager recommending that the City Council set a
public hearing for July 15, 2019, on the dis-
posal of a public utility easement across a por-
tion of Lot 3 of Plaza Court, common address
1590 Curtis Street. Upon motion the docu-
ments were received and filed and Resolution
No. 248-19 Resolution of Intent to vacate and
dispose of City interest in public utility ease-
ment over and across Lot 3 of Plaza Court, in
the City of Dubuque, Iowa was adopted setting
a public hearing for a meeting to commence at
6:00 p.m. on July 15, 2019 in the Historic Fed-
eral Building.
RESOLUTION NO. 248-19
RESOLUTION OF INTENT TO VACATE AND
DISPOSE OF CITY INTEREST IN PUBLIC
UTILITY EASEMENTS OVER AND ACROSS
LOT 3 OF PLAZA COURT, IN THE CITY OF
DUBUQUE, IOWA
Whereas, Kimberly L. Belton is the current
owner of Lot 3 of Plaza Court, in the City of
Dubuque, Dubuque County, Iowa; and
Whereas, a public utility easement was
platted over a portion of Lot 3 of Plaza Court
according to Final Plat of Plaza Court recorded
in Plat Book 25, Page 252, in the office of the
Dubuque County Recorder; and
Whereas, Kimberly L. Belton, owner of Lot
3 of Plaza Court, and Michael J. and Julie A.
White, owners of Lot 2 of Julie Ann Subdivi-
sion are planning to replat and make im-
provements, including a new garage, to their
respective lots and whereas the proposed lo-
cation of the lot lines and improvements lies
over said utility easements; and
Whereas, Kimberly L. Benton and Michael
J. and Julie A. White have petitioned to vacate
the public utility easement across a portion of
said Lot 3 of Plaza Court in order to facilitate
the proposed improvements and lot replatting.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque, in-
tends to vacate and dispose of its interest in
the public utility easement across a portion of
Lot 3 of Plaza Court in the City of Dubuque,
Dubuque County, Iowa, as shown on the at-
tached Exhibit.
Section 2. That any and all applicable pub-
lication and recording fees are to be paid by
Michael J. and Julie A. White.
Section 3. That a public hearing on the in-
tent to vacate and dispose of City interest in
the public utility easements across portions of
Lot 3 of Plaza Court in the City of Dubuque,
Dubuque County, Iowa, is hereby set for the
15th day of July, 2019, at the Historic Federal
Building, 350 W. 6th Street, Dubuque, Iowa,
beginning at 6:00 p.m., and the City Clerk be
and is hereby authorized and directed to cause
a notice of public hearing on the intent to va-
cate and dispose of said interest to be pub-
lished in the manner as prescribed by law.
Passed, approved, and adopted this 1st
day of July 2019.
Jake Rios, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
260 Regular Session July 1, 2019 Book 149
3. Chavenelle Road Hike/Bike Trail Phase
I: City Manager recommending initiation of the
public bidding procedure through the Iowa
Department of Transportation for the Cha-
venelle Road Hike-Bike Trail Phase 1 Project,
and further recommends that a public hearing
be set for July 15, 2019. Upon motion the doc-
uments were received and filed and Resolution
No. 249-19 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 was adopted setting a public hearing for a
meeting to commence at 6:00 p.m. on July 15,
2019 in the Historic Federal Building.
RESOLUTION NO. 249-19
CHAVENELLE ROAD HIKE-BIKE TRAIL –
PHASE 1 PROJECT IOWA DOT PROJECT
NO. EDP-2100(695)—7Y-31
PRELIMINARY APPROVAL OF PLANS,
SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST; SETTING DATE
OF PUBLIC HEARING ON PLANS, SPECI-
FICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The proposed plans, specifications, form of
contract and estimated cost for the Chavenelle
Road Hike-Bike Trail – Phase 1 Project in the
estimated amount $699,529.00, are hereby
preliminarily approved and ordered filed in the
office of the City Clerk for public inspection.
A public hearing will be held on the 15th
day of July, 2019, at 6:00 p.m. in the Historic
Federal Building Council Chambers (second
floor) 350 W. 6th Street, Dubuque, Iowa, at
which time interested persons may appear and
be heard for or against the proposed plans and
specifications, form of contract and estimated
cost of said Project, and the City Clerk be and
is hereby directed to cause the attached notice
of the time and place of such hearing to be
published in a newspaper having general cir-
culation in the City of Dubuque, Iowa, which
notice shall be published not less than four
days nor more than twenty days prior to the
date of such hearing. At the hearing, any inter-
ested person may appear and file objections to
the proposed plans, specifications, form of
contract, or estimated cost of the Project.
Passed, adopted, and approved this the 1st
day of July 2019.
Jake Rios, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
4. Sky Blue Housing Urban Renewal Area:
City Manager recommending approval of a
Resolution of Necessity that finds that an Ur-
ban Renewal Plan for the Sky Blue Housing
Urban Renewal Area is both necessary and
appropriate and sets a public hearing on the
proposed plan for August 5, 2019. Upon mo-
tion the documents were received and filed
and Resolution No. 250-19 Resolution of Ne-
cessity finding that certain property in and near
Sky Blue Estates and Eagle Valley Subdivision
is an Economic Development Area and that
the development of said area is necessary in
the interest of the residents of the City of
Dubuque, Iowa, and setting a date for hearing
on a proposed Urban Renewal Plan for said
District was adopted setting a public hearing
for a meeting to commence at 6:00 p.m. on
August 5, 2019 in the Historic Federal Build-
ing.
RESOLUTION NO. 250-19
RESOLUTION OF NECESSITY FINDING
THAT CERTAIN PROPERTY IN AND NEAR
SKY BLUE ESTATES AND EAGLE VALLEY
SUBDIVISION IS AN ECONOMIC DEVEL-
OPMENT AREA AND THAT THE DEVEL-
OPMENT OF SAID AREA IS NECESSARY IN
THE INTEREST OF THE RESIDENTS OF
THE CITY OF DUBUQUE, IOWA, AND SET-
TING A DATE FOR HEARING ON A PRO-
POSED URBAN RENEWAL PLAN FOR SAID
DISTRICT
Whereas, the City Council of the City of
Dubuque has determined that the creation of
the Sky Blue Housing Urban Renewal Area will
stimulate, through public involvement and
commitment, private investment in new hous-
ing and residential development as defined by
Iowa Code 403.17(12), as described in the
Urban Renewal Plan; and
Whereas, the City Council has determined
that the area described in Attachment A to this
Resolution meets the definition of an economic
development area as defined in Chapter 403
“Urban Renewal” of the Iowa Code; and
Whereas, a significant need for housing
units exists in the community and local re-
sources are needed to advance the develop-
ment; and
Whereas, Iowa Code Chapter 403 requires
that before urban renewal authority may be
exercised, a City Council must adopt a resolu-
tion of necessity finding that the area in ques-
tion is a slum, blighted or economic develop-
ment area, and that so designating such area
is necessary in the interest of the public health,
safety or welfare of the residents of the munic-
ipality.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the proposed Sky Blue
Housing Urban Renewal Area, generally de-
scribed in Attachment A to this Resolution, is
an economic development area as defined by
Chapter 403 of the Iowa Code, appropriate for
public improvements related to housing and
261 Regular Session July 1, 2019 Book 149
residential development, and is appropriate for
an urban renewal project.
Section 2. That the development of the Sky
Blue Housing Urban Renewal Area is neces-
sary and appropriate to facilitate the proper
growth and development of the community in
accordance with sound planning and local
community objectives.
Section 3. That the development of this ar-
ea will provide new opportunities for quality
housing and job creation in the community.
Section 4. That the City Manager is author-
ized and directed to prepare an Urban Renew-
al Plan for the Sky Blue Housing Urban Re-
newal Area, to forward said Plan to the City's
Long Range Planning Commission for review
and comment and to begin the consultation
process required by law with affected taxing
entities.
Section 5. That the City Clerk is directed to
publish notice of a public hearing on the adop-
tion of an Urban Renewal Plan for the Sky
Blue Housing Urban Renewal Area to be held
on the 5th day of August, 2019, at 6:00 p.m. in
the Historic Federal Building in Dubuque, Io-
wa, 350 W. 6th Street, Dubuque, Iowa and that
said notice shall generally identify the area
covered by the Plan and the general scope of
the Urban Renewal Plan activities planned for
such area.
Section 6. That the City Clerk is further di-
rected to send by ordinary mail a copy of said
Plan and notice of public hearing to the Dubu-
que Community School District and the County
Board of Supervisors, as the affected taxing
entities.
Passed, approved, and adopted this 1st
day of July 2019.
Jake Rios, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
BOARDS/COMMISSIONS
Review of applications: Applicants were in-
vited to address the City Council regarding
their desire to serve on the following
Boards/Commissions.
1. Arts and Cultural Affairs Advisory Com-
mission: One, 3-Year term through June 30,
2022 (Vacant term of Armstrong). Applicant:
Nicholas Halder, 876 S. Grand Avenue. Mr.
Halder submitted a letter of support to the City
Council.
2. Electrical Code Board: One, 3-Year term
through May 21, 2021 (Vacant term of Nebel
Jr.). Applicant: Eric Trausch, 1290 Kelly Ln.
3. Housing Trust Fund Advisory Commit-
tee: One, 3-Year term through August 17,
2021 (Vacant term of Hingtgen). Applicant:
Michelle Becwar, 2115 Coates St. Ms. Becwar
submitted a letter of support to the City Coun-
cil.
4. Resilient Community Advisory Commis-
sion: One, 3-Year term through June 30, 2022
(Expiring term of Kohlhaas). Applicant: Jacob
Kohlhaas, 1125 Richards Rd.
5. Zoning Board of Adjustment: One, 5-
Year term through June 30, 2024 (Changed to
expired term of Pope). Applicant: Gwen Kosel,
455 South Grandview.
PUBLIC HEARINGS
1. Nomination of Eagle Point Park as a City
Landmark Site: Proof of publication on notice
of public hearing to consider approval of an
application to the State Historic Preservation
Office nominating Eagle Point Park as a City
Landmark Site, and the City Manager recom-
mending approval. Motion by Jones to consid-
er this the first reading of a proposed ordi-
nance amending Title 16 Unified Development
Code, Chapter 10 Historic Preservation of the
City of Dubuque Code of Ordinances by add-
ing Eagle Point Park as a Landmark Site. Se-
conded by Shaw. Planning Services Manager
Laura Carstens provide a staff report. Ms.
Carstens and Historic Preservation Chairper-
son Emily Hilgendorf responded to questions
from the City Council stating that the recent
property donation to the park is not included in
the designation but could be considered in a
future nomination. Council Member Jones not-
ed for the record that without a super majority
of the Council present to adopt the ordinance,
the recommendation must automatically go to
a second reading [July 15, 2019]. Motion car-
ried 4-0.
2. Intent to Dispose of City-Owned Proper-
ty at 445 Loras Boulevard: Proof of publication
on notice of public hearing to consider the sale
of City-owned property at 445 Loras Boulevard
to Affordable Housing Network, Inc. (AHNI),
and the City Manager recommending approv-
al. Motion by Jones to receive and file the
documents and adopt Resolution No. 251-19
Disposing of City interest in real estate located
at 445 Loras Boulevard in the City of Dubuque,
Iowa. Seconded by Resnick. Motion carried 4-
0.
RESOLUTION NO. 251-19
DISPOSING OF CITY INTEREST IN REAL
ESTATE LOCATED AT 445 LORAS
BOULEVARD, IN THE CITY OF DUBUQUE,
IOWA
Whereas, the City Council, by Resolution
No. 236-19 dated June 17, 2019, declared its
intent to dispose of City interest in real proper-
ty located at 445 Loras Boulevard, legally de-
scribed as:
Lot 5 of the Subdivision of Out Lot 667
in the City of Dubuque, Iowa, according
to the recorded plat thereof; and
262 Regular Session July 1, 2019 Book 149
Whereas, pursuant to published notice, a
public hearing was held on the proposed dis-
position on July 1, 2019, at 6:00 p.m. in the
Historic Federal Building, 350 W. 6th Street,
Dubuque, Iowa; and
Whereas, Affordable Housing Network, Inc.
has signed an offer to purchase; and
Whereas, Affordable Housing Network, Inc.
will rehabilitate the property and sell the prop-
erty as a single-family residence to an income
qualified family; and
Whereas, the City Council finds that it is in
the best interest of the City to approve the
disposition of such interest in the Property to
Affordable Housing Network, Inc.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque hereby
approves the disposition of the City’s interest
in the following legally described property:
Lot 5 of the Subdivision of Out Lot 667
in the City of Dubuque, Iowa, according
to the recorded plat thereof.
Section 2. That the Mayor is hereby au-
thorized and directed to provide a Special
Warranty Deed to the buyer, conveying the
City’s interest to Affordable Housing Network,
Inc. for the herein-described real estate.
Section 3. That the City Clerk is hereby au-
thorized and directed to cause said Special
Warranty Deed to be recorded in the Office of
the Dubuque County Recorder.
Passed, approved, and adopted this 1st
day of July 2019.
Jake Rios, Mayor Pro Tem
Attest: Kevin Firnstahl, City Clerk
ACTION ITEMS
1. Code of Ordinances Amendment - Title
2 Community Development Advisory Commis-
sion: City Manager recommending approval of
an ordinance which adds a new Title 2, Chap-
ter 5, Article C which establishes the Commu-
nity Development Advisory Commission and
provides for the powers, operation, member-
ship and meetings. Motion by Jones to receive
and file the documents and consider this the
first reading of a proposed ordinance amend-
ing City of Dubuque Code of Ordinances Title
2 Boards and Commissions, Chapter 5 Hous-
ing Agency and Community Development
Commissions by repealing Article C Communi-
ty Development Advisory Commission and
adopting a new Article C Community Devel-
opment Advisory Commission in lieu thereof
establishing the Community Development Ad-
visory Commission and providing for the pow-
ers, operation, membership, and meetings.
Seconded by Resnick. [Second reading] July
15, 2019] Motion carried 4-0.
2. Southwest Arterial Construction Update
Video: The Cable TV Division showed a video
of the recent progress of the Southwest Arteri-
al Project for June 2019. Motion by Resnick to
receive and file the information and watch the
video. Seconded by Shaw. Motion carried 4-0.
COUNCIL MEMBER REPORTS
Council Member Jones wished everyone a
happy 4th of July Holiday and asked residents
and visitors to exercise caution and patience
during the July 3 fireworks display on the Haw-
thorne Street Peninsula. Mr. Jones also rec-
ognized Perry Mason of Radio Dubuque for his
tenured organization of the event on behalf of
the Dubuque Jaycees.
There being no further business, upon mo-
tion the City Council adjourned at 6:24 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
263 Special Session July 15, 2019 Book 149
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 Pro-
ject.
Prior to the work session and regular meet-
ing, the Dubuque Fire Department had the
new fire engine on display on 6th Street.
WORK SESSION
Chaplain Schmitt Island Veteran’s Plaza Pro-
ject.
Chaplain Schmitt Island Task Force mem-
bers 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 invest-
ments/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, Vi-
sion and Mission statements
• Prioritization timelines and objectives:
Veterans Memorial Improvements, E.
16th St. Bridge & gateway, Traffic
Study, E. 16th St./Sheehy Dr. intersec-
tion redevelopment / roundabout, Am-
phitheatre
4. Roadmap & next steps
• Implementation timeline
• Prioritization
• Call to action: prioritize and fund plan-
ning, design, become “shovel-ready”
• Invitation to Council to tour the Island
with the Task Force
• Include priority projects with the Coun-
cil’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 involvement.
There being no further business, the City
Council adjourned at 5:59 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
264 Regular Sessions July 15, 2019 Book 149
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular
session at 6:00 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 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 Manager
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 dispose
of as indicated. Seconded by Del Toro. Coun-
cil Member Shaw requested #14 be held for
separate discussion. Council Members Res-
nick requested #19 be held for separate dis-
cussion. 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
Commission 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; Mechanical and Plumbing Board of 5/29;
Zoning Advisory Commission of 7/2; Zoning
Board of Adjustment of 6/27; Proof of Publica-
tion for City Council Proceedings of 6/17. Upon
motion the documents were received and filed.
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 re-
ferred to the City Attorney.
3. Disposition of Claims: City Attorney ad-
vising that the following claims have been re-
ferred to Public Entity Risk Services of Iowa,
the agent for the Iowa Communities Assurance
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 pay-
ments of bills that must be paid and approved
for payment in accordance with City proce-
dures 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 AC-
CORDANCE 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 req-
uisitioned for a lawful municipal purpose; and
Whereas, the Finance Director-City Treas-
urer 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:
265 Regular Session July 15, 2019 Book 149
Section 1. The Finance Director-City
Treasurer is hereby authorized to issue pay-
ment 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 requested
by designated requisitioning authorities in ac-
cordance with approved budget appropria-
tions.
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
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 mo-
tion the documents were received and filed.
6. Depository Resolution Change for Mid-
WestOne Bank: City Manager recommended
approval of a resolution that changes Ameri-
can Trust & Savings Bank to MidWestOne
Bank as an authorized depository institution for
the City of Dubuque. Upon motion the docu-
ments 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 financial
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 deposito-
ry approved, and specify the maximum amount
which may be kept on deposit in each deposi-
tory; and
Whereas, this procedure is required if a fi-
nancial 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 insti-
tutions 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 max-
imum approved for each respective financial
institution as set out below.
Depository
Name
Location of
Home Office
Maximum
Balance
MidWestOne
Bank
Iowa City, IA. $60,000,000
Dubuque Bank
& Trust Com-
pany
Dubuque, IA. $60,000,000
Collins Com-
munity Credit
Union
Cedar Rap-
ids, IA.
$50,000,000
U.S. Bank Minneapolis,
MN.
$40,000,000
Fidelity Bank &
Trust
Dyersville, IA. $40,000,000
DuTrac Com-
munity Credit
Union
Dubuque, IA. $30,000,000
Vibrant Credit
Union
Moline, IA. $30,000,000
Dupaco Com-
munity Credit
Union
Dubuque, IA. $20,000,000
Premier Bank Dubuque, IA. $20,000,000
East Dubuque
Savings Bank
Dubuque, IA. $20,000,000
Hometown
Bank
Fond du Lac,
WI.
$ 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
costs. Upon motion the documents were re-
ceived, filed and approved.
8. Iowa Economic Development Authority
(IEDA) Second Amendment to Contract with
Rockfarm Holdings, Inc.: City Manager rec-
ommended approval of a resolution authoriz-
ing a Second Contract Amendment to the Con-
tract between and among the Iowa Economic
Development Authority (IEDA), Rockfarm
Holdings, Inc. and the City of Dubuque for
financial benefits for Rockfarm Holdings, Inc.
Upon motion the documents were received
and filed, and Resolution No. 254-19 Approv-
ing a Second Contract Amendment to the
Economic Development Financial Assistance
Contract by and among Rockfarm Holdings,
Inc., the City of Dubuque, and the Iowa Eco-
nomic Development Authority was adopted.
RESOLUTION NO. 254-19
APPROVING A SECOND CONTRACT
AMENDMENT TO THE ECONOMIC DEVEL-
OPMENT FINANCIAL ASSISTANCE CON-
266 Regular Sessions July 15, 2019 Book 149
TRACT BY AND AMONG ROCKFARM
HOLDINGS, INC., THE CITY OF DUBUQUE,
AND THE IOWA ECONOMIC DEVELOP-
MENT AUTHORITY
Whereas, Rockfarm Holdings, Inc. (Rock-
farm) and the City of Dubuque (City) entered
into an Economic Development Financial As-
sistance Contract (the Contract) with the Iowa
Economic Development Authority (IEDA) for
the location and expansion of Rockfarm’s op-
erations in Dubuque, Iowa; and
Whereas, Rockfarm requested and re-
ceived 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 ex-
tension of the 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 Sec-
ond Contract Amendment.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Second Contract Amend-
ment is hereby approved.
Section 2. The Mayor is hereby authorized
and directed to execute, and the City Manager
is hereby directed to submit the Second Con-
tract Amendment to the Iowa Economic De-
velopment 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 motion
the documents were received and filed, and
Resolution No. 255-19 Authorizing a Clean
Water Awareness and Education Campaign
Grant application to the Iowa Department of
Natural Resources for the Bee Branch Bee-
keepers Campaign was adopted.
RESOLUTION NO. 255-19
AUTHORIZING A CLEAN WATER AWARE-
NESS AND EDUCATION CAMPAIGN
GRANT APPLICATION TO THE IOWA DE-
PARTMENT 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 Campaign; and
Whereas, the City of Dubuque has adopted
the 2017 Comprehensive Plan that includes
goals for increasing eco-education program-
ming, particularly for children; and
Whereas, the City of Dubuque City Council
Goals 2024 includes Partnership for a Better
Dubuque and Bee Branch “Beekeepers” Initia-
tive 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 au-
thorized to sign and submit an application to
the Iowa Department of Natural Resources for
Clean Water Awareness and Education Cam-
paign funds for the Bee Branch Beekeepers
Campaign.
Section 2. That in the event said applica-
tion 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 rec-
ommended approval of several Iowa Depart-
ment of Transportation Supplemental Agree-
ments for Local Primary Highway Mainte-
nance, Pavement Markings, Julien Dubuque
Bridge Sidewalk Maintenance, Street Sweep-
ing Maintenance and Traffic Signal Mainte-
nance 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 recom-
mended that the City enter into an agreement
with IIW, P.C. for design and engineering ser-
vices for the Bee Branch Flood Control Pump-
ing Station Gate and Pump Replacement Pro-
ject. Upon motion the documents were re-
ceived, filed and approved.
12. English Ridge Subdivision Acceptance
of Storm Water Detention Facility Improve-
ments: City Manager recommended ac-
267 Regular Session July 15, 2019 Book 149
ceptance of the public storm water detention
facility improvements that the developer, Eng-
lish Ridge LLC, has recently completed in Eng-
lish Ridge Subdivision. Upon motion the doc-
uments were received and filed, and Resolu-
tion No. 256-19 Accepting Public Storm Water
Detention Facility Improvements in English
Ridge Subdivision in the City of Dubuque, Io-
wa was adopted.
RESOLUTION NO. 256-19
ACCEPTING PUBLIC STORM WATER DE-
TENTION 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 accord-
ance with the plans approved by the City
Council and in conformance with City specifi-
cations, and has recommended that the im-
provements 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 Manager
recommended approval of a resolution author-
izing 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 Delin-
quent Problem Property Charges in accord-
ance with 14-1J1 International Property
Maintenance Code Section 106.5 and/or Sec-
tion 109.5 Code of Ordinances of the City of
Dubuque, Iowa was adopted.
RESOLUTION NO. 257-19
AUTHORIZING THE CITY TO COLLECT DE-
LINQUENT PROBLEM PROPERTY CHARG-
ES IN ACCORDANCE WITH 14-1J1 INTER-
NATIONAL PROPERTY MAINTENANCE
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 un-
sanitary 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
Whereas, delinquent problem property
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:
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 Prob-
lem Property Assessment Schedule are delin-
quent in the payment of problem property
charges in the amount set aside of the respec-
tive 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 Description;
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 Corre-
spondence: 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 re-
ceive 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 diminished
268 Regular Sessions July 15, 2019 Book 149
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 Ea-
gle Point Park Treatment Plant and Water Dis-
tribution Improvements. Upon motion the doc-
uments were received and filed, and Resolu-
tion 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 Chap-
ter 384 of the Code of Iowa, providing for a
method of payment thereof, approving Loan
and Disbursement Agreement, and other re-
lated matters was adopted.
RESOLUTION NO. 258-19
SERIES RESOLUTION AUTHORIZING AND
PROVIDING FOR THE ISSUANCE AND SE-
CURING THE PAYMENT OF $4,400,000
WATER REVENUE CAPITAL LOAN NOTES,
SERIES 2019 BY THE CITY OF DUBUQUE,
IOWA UNDER THE PROVISIONS OF CHAP-
TER 384 OF THE CODE OF IOWA, PROVID-
ING FOR A METHOD OF PAYMENT
THEREOF, APPROVING LOAN AND DIS-
BURSEMENT AGREEMENT, AND OTHER
RELATED MATTERS
Whereas, the City Council of the City of
Dubuque, Iowa (the "City") has heretofore es-
tablished charges, rates and rentals for ser-
vices which are and will continue to be collect-
ed 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 premises; 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 fi-
nancing the construction of the Series 2008D
Project described therein, and to pay related
costs of issuance; and
Whereas, Issuer proposes to issue its Wa-
ter 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 Au-
thority, be approved and authorized; and
Whereas, notice of the intention of the City
Council to take action for the issuance of not to
exceed $4,400,000 Water Revenue Capital
Loan Notes has heretofore been duly pub-
lished and no objections to such proposed
action have been filed, and the City therefore
deems it desirable to enter into a Loan and
Disbursement Agreement and issue the Notes;
and
Whereas, Section 8.3 of the Master Reso-
lution authorizes the issuance of additional
Senior Bonds, including Senior SRF Bonds, by
the City from time to time, if all of the condi-
tions 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 described
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 ad-
ditional Senior SRF Bonds will have been sat-
isfied.
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 other-
wise 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 Dis-
bursement 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.
"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 Coun-
cil 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
269 Regular Session July 15, 2019 Book 149
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 Fi-
nance Authority, as the purchaser of the Se-
ries 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, Series
2019, dated the date of delivery, authorized to
be issued pursuant to this Series Resolution.
"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 Pro-
jects being financed with the proceeds of the
Series 2019 Notes, consisting of costs of ac-
quisition, construction, reconstruction, extend-
ing, 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 Ea-
gle Point water treatment plant and water dis-
tribution improvements project; and refunding
the Water Revenue Capital Loan Notes Antici-
pation Project Note, Series 2017, dated Sep-
tember 22, 2017, as described generally 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 Reso-
lution.
"Series 2019 Rebate Account" means the
account by that name within the Rebate Fund
established in Section 6.10 of the Master Res-
olution.
"Series Resolution" means this Resolution
of the Council.
"Tax Exemption Certificate" means the Tax
Exemption Certificate executed by the Treas-
urer 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 Sec-
tion 148(a) of the Internal Revenue Code or
regulations issued thereunder.
ARTICLE II
THE SERIES 2019 NOTES
Section 2.1. Series 2019 Notes - Authori-
zation and Purpose. Pursuant to the provisions
of the Master Resolution and in particular Sec-
tion 8.3 thereof, there are hereby authorized to
be issued, negotiable, serial, fully registered
Water Revenue Capital Loan Notes, Series
2019, in the aggregate principal amount of
$4,400,000, dated the date of delivery, for the
purpose of constructing the Series 2019 Pro-
jects and paying Project Costs relating thereto,
and to pay related Costs of Issuance. The Se-
ries 2019 Notes shall be issued as Senior SRF
Bonds under the terms of the Master Resolu-
tion, shall be designated "CITY OF DUBU-
QUE, IOWA, WATER REVENUE CAPITAL
LOAN NOTES, SERIES 2019", and bear in-
terest 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 1st day of June
and December in each year until maturity at
the rate hereinafter provided. The Council,
pursuant to Sections 384.24A and 384.83 of
the Code of Iowa, hereby finds and determines
that it is necessary and advisable to issue said
Series 2019 Notes authorized by the Agree-
ment and this Series Resolution.
The Series 2019 Notes and the Registrar’s
Certificate of Authentication shall be in sub-
stantially the form set forth in Exhibit A at-
tached hereto, with such variations, omissions,
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 Resolu-
tion; 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 ad-
vancement made under the Agreement, until
payment thereof, at the office of the Paying
Agent, said interest payable on December 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 Ex-
hibit A and incorporated herein by this refer-
ence. As set forth on said debt service sched-
ules, principal shall be payable on June 1,
2021 and annually thereafter on the 1st day of
June in the amounts set forth therein until prin-
cipal and interest are fully paid, except that the
final installment of the entire balance of princi-
pal and interest, if not sooner paid, shall be-
come due and payable on June 1, 2040. Not-
withstanding the foregoing or any other provi-
sion hereof, principal and interest shall be
payable as shown on said debt service sched-
270 Regular Sessions July 15, 2019 Book 149
ules until completion of the Series 2019 Pro-
ject, at which time the final debt service
schedules shall be determined based upon
actual advancements, final costs and comple-
tion of the Series 2019 Project, all as provided
in the administrative rules governing the Pro-
gram. Payment of principal and interest on the
Series 2019 Notes shall at all times conform to
said debt service sand the rules of the Pro-
gram.
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 accordance
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 De-
nominations and may, at the request of the
Original Purchaser, be issued in the denomi-
nation of $1,000 or multiples thereof as a sin-
gle 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 Series
2019 Notes to the Registrar, who shall authen-
ticate 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 Authentication sub-
stantially in the form of the Certificate herein
set forth. Such Certificate upon any such Se-
ries 2019 Note executed on behalf of the Issu-
er shall be conclusive 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 Resolution.
ARTICLE III
REDEMPTION OF BONDS
Section 3.1. Optional Redemption. The Se-
ries 2019 Notes are subject to optional re-
demption at a price of par plus accrued inter-
est (i) on any date upon receipt of written con-
sent 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 Pur-
chaser (or any other registered 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 PRO-
CEEDS
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 applied
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 de-
posited into the Series 2019 Projects
Account of the Project Fund and ap-
plied thereafter to pay Project Costs of
the Series 2019 Projects.
Section 4.2. No Adjustment to Debt Ser-
vice 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 established in
the Master Resolution. Upon issuance of the
Series 2019 Notes, the amount to be accumu-
lated and maintained in the Debt Service Re-
serve 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 immediately 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 reasonably
expects and covenants that no use will be
made of the proceeds from the issuance and
sale of the Series 2019 Notes issued hereun-
der which will cause any of the Series 2019
Notes to be classified as arbitrage bonds with-
in 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 the re-
quirements 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 state-
ments or the conclusion that it is not expected
that the proceeds of the Series 2019 Notes will
be used in a manner that would 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
271 Regular Session July 15, 2019 Book 149
incorporated by reference as part of this Series
Resolution. The Treasurer is hereby directed
to make and insert all calculations and deter-
minations necessary to complete the Tax Ex-
emption Certificate in all respects and to exe-
cute and deliver the Tax Exemption Certificate
at issuance of the Series 2019 Notes to certify
as to the reasonable expectations and cove-
nants 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 re-
quired 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 restrict-
ed 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 cove-
nants that it will make no change in the use of
the proceeds available for the construction of
facilities or change in the use of any portion of
the facilities constructed therefrom 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 inter-
est 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, Repre-
sentations, and Warranties of the City. The
City certifies and covenants with the purchas-
ers 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 assur-
ances contained in the Tax Exemption Certifi-
cate, 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 ex-
cess 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 nec-
essary or advisable by its officers, to employ
and pay fiscal agents, financial advisors, attor-
neys 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 Agreement
and the Series 2019 Notes to the Original Pur-
chaser at the price of par on the date of Clos-
ing. 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 Series Resolution.
Section 6.2. Approval of Agreement. The
Agreement in substantially the form presented
at this meeting of the Council are hereby au-
thorized and approved, and the Mayor and
City Clerk are authorized to execute and deliv-
er 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, agreements, certifi-
cates and instruments relating to the Series
2019 Notes, the investment of the proceeds
thereof and the other transactions contemplat-
ed on the part of the City by this Series Reso-
lution, 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 unenforcea-
ble for any reason, the invalidity or unenforce-
ability of such section, paragraph or provision
shall not affect any of the remaining provi-
sions.
Section 6.6. Repeal of Conflicting Ordi-
nances 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.
272 Regular Sessions July 15, 2019 Book 149
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 received,
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 indi-
vidual 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
1. Nathan Steffen
Respectfully submitted,
/s/Dan White, Chairman
Civil Service Commission
17. Liberty Recovery Community - Com-
munity Development Block Grant (CDBG)
Agreement for 2216 White Street: City Manag-
er recommended approval of the Fiscal Year
2019 Community Development Block Grant
contract for Liberty Recovery Community 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 substance use
treatment. Upon motion the documents were
received, filed and approved.
18. CSB Consulting Company - Communi-
ty Development Block Grant Agreement
(CDBG) for 1838 Central Avenue: City Man-
ager recommended approval of a FY 2019
Community Development Block Grant contract
with CSB Consulting Company that provides
for the renovation of three vacant apartments
into three, 2-bedroom affordable rentals for
low- to moderate-income families for a period
of ten years accepting Housing Choice Vouch-
er participants. Upon motion the documents
were received, filed and approved.
19. Amended and Restated Restrictive
Covenant for 1849 Jackson Street: City Man-
ager recommended approval of a resolution
amending and restating the single-family resi-
dence covenant for 1849 Jackson Street, re-
ducing the time on the covenant from 21 years
to 5 years. Motion by Resnick to received and
file the documents and adopt Resolution No.
259-19 Approving an Amended and Restated
Single-Family Residence Covenant for the
property at 1849 Jackson Street, Dubuque,
Iowa. Seconded by Jones. Council Member
Resnick questioned whether this action was
changing or establishing a procedure. 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. Motion carried 7-0.
RESOLUTION NO. 259-19
APPROVING AN AMENDED AND RESTAT-
ED 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, Dubuque,
Iowa (hereinafter “Property”); and
Whereas, City of Dubuque during its own-
ership of the Property placed a restrictive cov-
enant 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 long term
occupancy by a family due to the lack of bed-
rooms; and
Whereas, the Parties now desire to amend,
restate, and replace the Prior Covenant with
the Amended and restated Single-Family Res-
idence Covenant attached hereto; and
Whereas, the City Council finds that it is in
the best interest of the City of Dubuque to ap-
prove 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 au-
thorized 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.
273 Regular Session July 15, 2019 Book 149
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 Reso-
lution No. 260-19 Authorizing a City of Dubu-
que 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 includes
goals for increasing eco-education program-
ming and expanded, sustainable stormwater
management practices; and
Whereas, the City of Dubuque City Council
Goals 2024 includes Sustainable Environment:
Preserving and Enhancing Natural Resources;
and
Whereas, Keep Iowa Beautiful and Dia-
mond Vogel Paint administer the Paint Iowa
Beautiful Program which has awarded 8 gal-
lons of paint to the City of Dubuque for the
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 Pro-
ject.
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 re-
quirements.
Passed, approved, and adopted this 15th
day of July 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
21. Signed Contract(s): Alliant Energy / In-
terstate Power & Light Company Electric Ser-
vices Contracts for the Water & Resource Re-
cover Center (W&RRC). Upon motion the doc-
uments 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 Resurfac-
ing Project; McDermott Excavating for the 15
South Main Street Site Utility Disconnect Pro-
ject; 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 Approv-
ing 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 RE-
QUIRED BY CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 4 BUSINESS AND LI-
CENSE REGULATIONS, CHAPTER 2 LIQ-
UOR CONTROL, ARTICLE B LIQUOR,
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 re-
quirements 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 author-
ized 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 (Out-
door) (Sunday)
Applebee's Neighborhood 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 (Sun-
day)
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 (Sun-
day)
274 Regular Sessions July 15, 2019 Book 149
Knicker's Saloon, 2186 Central Ave., Class C
Liquor (Living Qtr.) (Outdoor) (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 (Sun-
day)
Vinny Vanucchi's Little Italy, 164 Main St.,
Class C Liquor (Outdoor) (Sunday)
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
Amphitheater, 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 pub-
lic 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 Dubu-
que-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 EASE-
MENT AGREEMENT WHICH PROVIDES
FOR THE DISPOSAL OF AN INTEREST IN
CITY OF DUBUQUE OWNED REAL ESTATE
BY GRANT OF EASEMENT TO DUPACO
VOICES, LLC
Whereas, Dupaco Voices, LLC (Dupaco) is
the owner of a tract of land known commonly
as the Voices Building located at 1000 Jack-
son Street and legally described as: Lot 1 of
Wilmac Place in the City of Dubuque, Iowa
(hereinafter referred to as the "Dupaco Par-
cel"); 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 Encroachments;
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 Encroach-
ments”); 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 ap-
prove 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 author-
ized and directed to cause a notice to be pub-
lished 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 His-
toric Federal Building, 350 W. 6th St., Dubu-
que, 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 Resto-
ration Project Phase 1 - Turf Conversion and
Soil Quality Restoration: City Manager rec-
ommended initiation of the bidding procedure
for Phase 1 Turf Conversion and Soil Quality
Restoration to begin construction work imple-
menting the Eagle Point Park Environmental
Restoration Management Plan, and further
recommend that a public hearing be set for
August 5, 2019. Upon motion the documents
were received and filed, and Resolution No.
263-19 Preliminary approval of plans, specifi-
cations, form of contract, and estimated cost;
setting date of public hearing on plans, specifi-
cations, form of contract, and estimated cost;
and ordering the advertisement for bids was
275 Regular Session July 15, 2019 Book 149
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 RES-
TORATION (SQR)
PRELIMINARY APPROVAL OF PLANS,
SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST; SETTING DATE
OF PUBLIC HEARING ON PLANS, SPECI-
FICATIONS, 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, specifica-
tions, form of contract and estimated cost for
the Eagle Point Park Environmental Restora-
tion Project: Phase 1) Turf Conversion and
Soil Quality Restoration (SQR) in the estimat-
ed amount $300,247.50, are hereby prelimi-
narily 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. 6th Street, Dubuque,
Iowa, at which time interested persons may
appear and be heard for or against the pro-
posed plans and specifications, form of con-
tract and estimated cost of said Project, and
the City Clerk be and is hereby directed to
cause the attached notice of the time and
place of such hearing to be published in a
newspaper having general circulation in the
City of Dubuque, Iowa, which notice shall be
published not less than four days nor more
than twenty days prior to the date of such
hearing. At the hearing, any interested person
may appear and file objections to the proposed
plans, specifications, form of contract, or esti-
mated cost of the Project.
Section 3. Eagle Point Park Environmental
Restoration Project: Phase 1) Turf Conversion
and Soil Quality Restoration (SQR) is hereby
ordered to be advertised for bids for construc-
tion. The amount of the security to accompany
each bid shall be in an amount which shall
conform to the provisions of the Notice to Bid-
ders hereby approved.
Section 4. The City Engineer is hereby di-
rected to advertise for bids for the construction
of the improvements herein provided, by pub-
lishing 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
19th day of August 2019, in the Historic Feder-
al 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 ap-
pointments will be made at the next City
Council meeting.
1. Housing Commission: One, 3-Year term
through August 17, 2022 (Vacant term of Ba-
binat). 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 Com-
mission: 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. Seconded
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 appointed to a
3-year term through May 21, 2021.
4. Housing Trust Fund Advisory Commit-
tee: One, 3-Year term through August 17,
2021 (Vacant term of Hingtgen). Applicant:
Michelle Becwar, 2115 Coates St. Upon mo-
tion Ms. Becwar was appointed to a 3-year
term through August 17, 2021.
276 Regular Sessions July 15, 2019 Book 149
5. Resilient Community Advisory Commis-
sion: 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 publica-
tion 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 Quonset
hut located at 902 White Street and to install a
surface parking lot at 902 & 990 White Street,
and the Zoning Advisory Commission recom-
mended approval. Motion by Jones to receive
and file the documents and that the require-
ment 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 Del Toro.
Mr. Gronen was present in the Chambers.
Planning Services Manager Laura Carstens
provided a staff report and responded to ques-
tions from the City Council regarding the re-
view 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
Title 16, the Unified Development Code of the
City of Dubuque Code of Ordinances by re-
scinding Ordinance 13-18 Which Provides
Regulations for a PUD Planned Unit Develop-
ment District with a Planned Commercial Des-
ignation 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 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 DE-
VELOPMENT CODE OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY
RESCINDING ORDINANCE 13-18 WHICH
PROVIDES REGULATIONS FOR A PUD
PLANNED UNIT DEVELOPMENT DISTRICT
WITH A PLANNED COMMERCIAL DESIG-
NATION FOR THE HISTORIC MILLWORK
DISTRICT PUD AND NOW BEING AMEND-
ED 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 Devel-
opment Code of the City of Dubuque Code of
Ordinances is hereby amended by rescinding
Ordinance 19-16 which provides regulations
for a Planned Unit Development District with a
Planned Commercial District designation 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 as-
sembly.
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 disabilities (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.
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.
277 Regular Session July 15, 2019 Book 149
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 acces-
sory uses are permitted in the Historic
Millwork 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 in-
door restaurant, bar, or tavern.
C. Conditional Uses: The following condi-
tional uses are permitted in the Historic
Millwork District PUD, subject to the provi-
sions of Article 8 of the Unified Develop-
ment Code that establishes requirements
for application to the Zoning Board of Ad-
justment for a conditional use permit, and
any other specific conditions listed below
for a conditional 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.
7. Agricultural supply sales.
8. Lumberyard or building materials.
9. Laboratory for research, develop-
ment, or engineering, provided that
such use complies with all local, state,
and federal regulations governing haz-
ardous substances, hazardous condi-
tions, hazardous wastes, and hazard-
ous materials.
10. Freight transfer facility.
11. Moving or storage facility.
12. Millworking.
13. Manufacture, assembly, repair, or
storage of electrical or electronic prod-
ucts, components or equipment.
14. Manufacture or assembly of mu-
sical instruments; toys; watches or
clocks; medical, dental, optical, or simi-
lar scientific instruments; orthopedic or
medical appliances; signs or billboards.
15. Manufacturing, compounding, as-
sembly or treatment of articles or prod-
ucts from the following substances:
clothing or textiles; rubber, precious or
semiprecious stones or metals; wood;
plastics; paper; leather; fiber; glass;
hair; wax; metal; concrete; feathers; fur;
cork; and celluloid or cellulose prod-
ucts.
16. District energy system.
17. Private energy generation facility.
18. Exterior storage.
19. Licensed childcare centers, pro-
vided that:
a. Such facility shall supply load-
ing 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 vehi-
cles.
d. The conditional use applicant
certifies that the premises on which
the licensed childcare 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 haz-
ardous substances, hazardous
conditions, hazardous wastes, and
hazardous materials.
e. If the applicant is subject to the
requirements of Section 302 of the
Superfund Amendments and Reau-
thorization Act of 1986, as amend-
ed, 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 premises, the appli-
cant shall also post in a conspicu-
ous place on the premises a notice
indicating a description of the ex-
tremely hazardous substances, and
the physical and health hazards
presented by such substances.
f. Applicant shall submit an evac-
uation plan for approval by the City,
both written and drawn, that details
where the children will go in the
278 Regular Sessions July 15, 2019 Book 149
event of a hazardous materials in-
cident. The plan shall include a
“house in place” scenario in which
the children can be kept safely with-
in a room of the building that has no
penetration to the outside (win-
dows, doors, etc.)
g. Applicant shall submit plans for
approval by the City that indicate
the installation of a main emergen-
cy shut-off switch for the heating,
ventilation, and air conditioning
(HVAC) system to minimize the in-
filtration risk of airborne hazardous
materials.
20. Microbrewery, winery, and distill-
ery, provided that:
a. Any products or wastes con-
taining odor producing substances
emanating from a building or prop-
erty associated with a microbrew-
ery, 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 microbrew-
ery, winery or distillery facility shall
not cause any loud and excessive
noise that result in annoyance or
discomfort to a reasonable 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 12th
Street and 11th Street should transition
in scale from the Washington Neigh-
borhood 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 re-
quired as part of the sign permit sub-
mittal 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. Waiver requests from these
guidelines shall be reviewed by the His-
toric Preservation Commission in ac-
cordance with the provisions of Article
10 of the Unified Development Code.
5. Variance requests from sign re-
quirements established in Article 15 of
the Unified Development Code shall be
reviewed by the Zoning Board of Ad-
justment 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 Dis-
trict PUD that includes residential, retail, of-
fice, commercial, and industrial uses re-
quire both strategy and flexibility for its sus-
tainability. The development and mainte-
nance of uses in the Historic Millwork Dis-
trict 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
a. Referenced herein as Section
5. Development Summary of the
Historic Millwork District Master
Plan, and shown on Exhibit B, on
file in the Planning Services De-
partment, 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 com-
patible with the need to acquire
workable street patterns, grades,
and usable building sites.
c. The Land Use / Development
Patterns depicted in the Historic
Millwork District Master Plan for
ground floor uses reflect a predom-
inance of residential uses; however,
for District sustainability, these
ground floor uses shall be charac-
terized by a flexible designation for
the Historic Millwork District PUD
Conceptual Development Plan as
shown in Exhibit B.
d. That the Historic Millwork Dis-
trict PUD Conceptual Development
Plan as shown in Exhibit B is here-
by amended to allow for the remov-
al of a Quonset Hut at 902 White
Street and for installation of a sur-
face parking lot at 902 and 990
White Street.
2. Parking Regulations: Off-street
parking is not required as part of the
279 Regular Session July 15, 2019 Book 149
Historic Millwork District PUD. Off-
street parking spaces may be provided
in a building as an accessory use, sub-
ject to review and approval under Build-
ing, Fire, and other applicable 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 follow-
ing regulations shall apply:
a. Parking lot design shall comply
with the Downtown Design Guidelines
for surface parking lots.
b. All vehicle-related features shall be
surfaced with standard or permeable
asphalt, concrete, or pavers.
c. Curbing and proper surface drain-
age 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
provisions of the Unified Development
Code enforced at the time of develop-
ment of the lot.
f. The number, size, design, and loca-
tion of parking spaces designated for
persons with disabilities shall be ac-
cording to the local, state, or federal
requirements in effect at the time of de-
velopment.
3. Parking Structures: Parking struc-
tures (ramps) are allowed in the Histor-
ic Millwork District PUD subject to City
Council review and the following stand-
ards:
a. Parking structures shall comply
with the Downtown Design Guide-
lines for parking facilities.
b. The size and design of parking
spaces shall be governed by appli-
cable provisions of the Unified De-
velopment Code enforced at the
time of development.
c. The number, size, design, and
location of parking spaces desig-
nated for persons with disabilities
shall be according to the local,
state, or federal requirements in ef-
fect at the time of development.
4. Site Lighting
a. Exterior illumination of site fea-
tures shall be limited to the illumina-
tion of the following:
a) Parking areas, driveways
and loading facilities.
b) Pedestrian walkway surfac-
es and entrances to building.
c) Building exterior.
b. Location and Design
a) All exterior lighting luminar-
ies shall be designed and in-
stalled 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 un-
derground and concealed inside
the posts.
d) The design of exterior light-
ing luminaries shall comply with
the Downtown Design Guide-
lines for signs. Waiver requests
from these guidelines shall be
reviewed by the Historic Preser-
vation Commission in accord-
ance with the provisions of Arti-
cle 10 of the Unified Develop-
ment Code.
5. Open Space: It is the intent of
these regulations that the development
of open spaces (if provided) shall re-
flect a high quality of environmental de-
sign. The following provisions shall ap-
ply.
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 compliance
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 Build-
ing Services Department of the City
of Dubuque, whichever occurs first,
required open space amenities
shall be installed.
6. Stormwater Management: The de-
veloper shall be responsible for provid-
ing stormwater management in a
means that is satisfactory to the City
Engineer and consistent with the His-
toric Millwork District Master Plan. Sus-
tainable, low impact development tech-
niques for stormwater management
approved by the City Engineer will be
used where feasible. Other applicable
regulations also enforced by the City
Engineer relative to stormwater man-
agement and drainage shall apply to
the subject property.
7. Exterior Trash Collection Areas
280 Regular Sessions July 15, 2019 Book 149
a. The storage of trash and debris
shall be limited to that produced by
the principal permitted use and ac-
cessory uses of the lot.
b. All exterior trash collection are-
as 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 are-
as.
8. Exterior Storage
a. Exterior storage is allowed in
the Historic Millwork PUD District.
Exterior storage areas shall comply
with the Downtown Design Guide-
lines for service areas.
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 provi-
sions of Article 12 and Article 13 of the
Unified Development Code prior to
construction or expansion of any build-
ings, free-standing signs, or parking fa-
cilities. The Downtown Design Guide-
lines shall apply to site development in
the District PUD and shall take prece-
dence 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 Development Code.
10. Retail uses should be clustered
around each other and adjacent to pub-
lic 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 created by realigning Elm
Street in accordance with the Historic
Millwork District Master Plan.
E. Ordinance History
1. 20-10: Established Historic Mill-
work Planned Unit Development.
2. 38-13: Amendment for new city
parking lots on Elm Street between 11th
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 mi-
crobrewery, winery, and distillery as a
conditional use.
6. 13-18: Amendment for new City
parking lot at 1146 Elm Street.
F. Other Codes and Regulations
1. Service Lines. All electric, tele-
phone, 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, regula-
tions, 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 His-
toric 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 Ordi-
nance shall be recorded, at the expense of
the City of Dubuque, with the Dubuque
County Recorder as a permanent record of
the conditions accepted as part of this re-
classification 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 Advi-
sory Commission of the City of Dubuque, Io-
wa.
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 Pe-
ru Road: Proof of publication on notice of pub-
lic hearing to consider approval of a request by
Thad M. Strub to rezone property at 4304 Peru
Road from R-1 Single-Family Residential Zon-
ing District to AG Agricultural Zoning District,
and the Zoning Advisory Commission recom-
mended approval with the condition that no
281 Regular Session July 15, 2019 Book 149
livestock be allowed on the property. Motion by
Larson to receive and file the documents and
that the requirement that a proposed ordi-
nance be considered and voted on for pas-
sage at two Council meetings prior to the
meeting at which it is to be passed be sus-
pended. Seconded by Jones. Mr. Strub was
present in the Chambers. Planning Services
Manager Laura Carstens provided a staff re-
port and clarified the livestock 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 carried
7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 31-19
AMENDING TITLE 16 OF THE CITY OF
DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY RECLAS-
SIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED AT 4304 PERU
ROAD FROM R-1 SINGLE-FAMILY RESI-
DENTIAL DISTRICT TO AG AGRICULTUR-
AL 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 Devel-
opment Code, is hereby amended by reclassi-
fying 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 center-
line 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 Pla-
za Court / 1590 Curtis Street: Proof of publica-
tion on notice of public hearing to consider
disposal of a public utility easement across a
portion of Lot 3 of Plaza Court, common ad-
dress 1590 Curtis Street, and the City Manag-
er 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 EASEMENTS
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 de-
scribed as:
Lot 3 of Plaza Court in the City of Dubu-
que, 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 Subdivi-
sion 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 dis-
position 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 at-
tached Exhibit A should be vacated and doing
so is in the public interest of the City of Dubu-
que.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA
Section 1. The City hereby vacates all in-
terest in utility easements located at the Prop-
erty as shown on the attached Exhibit A.
Section 2. The City Clerk is hereby author-
ized 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 Improve-
ments Project, and the City Manager recom-
mended 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
282 Regular Sessions July 15, 2019 Book 149
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 ESTIMATED
COST FOR THE CHAPLAIN SCHMITT VET-
ERAN’S MEMORIAL 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 cost for the Chaplain
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 hear-
ing to consider approval of plans, specifica-
tions, form of contract, and estimated cost of
the Chavenelle Road Hike-Bike Trail Phase 1
Project, and the City Manager recommended
approval. Motion by Del Toro to receive and
file the documents and adopt Resolution No.
266-19 Approval of plans, specifications, form
of contract, and estimated cost for the Cha-
venelle Road Hike/Bike Trail Phase I. Second-
ed by Jones. Rob McDonald, President/CEO
of AY McDonald Manufacturing, 4800 Cha-
venelle Rd.; and AY McDonald employee
Charles Piekenbrock stated that they had con-
cerns with how the 2020 reconstruction of
Chavenelle Rd. (NW Arterial to Seippel Rd.)
could narrow the road to three lanes to allow
for the trail. Mr. McDonald stated that busi-
nesses Metrix, IWI, Hartig Drug, Theisen’s,
and IWI Motor Parts all expressed the same
concerns. Responding to questions 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 Rad-
ford Rd. The future trail should not impact the
reconstruction of the east end of Chavenelle
Rd. from the NW Arterial to Seippel Rd. The
department will review concerns for that pro-
ject prior to Council approval. Motion carried 7-
0.
RESOLUTION NO. 266-19
APPROVAL OF PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATED
COST FOR THE CHAVENELLE ROAD HIKE-
BIKE TRAIL – PHASE 1 PROJECT 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 Chavenelle
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 Associa-
tion (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 (GFOA) Certifi-
cate of Achievement for Excellence in Finan-
cial 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.
2. Impact of Budget and Property Tax Leg-
islation 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 certifi-
cation and citizen protest deadlines; a required
resolution of maximum property tax dollars and
associated requirements; review of notice of
public hearing requirements; 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 ex-
ceed or not meet the maximum cap. Motion
carried 7-0.
3. Iowa Economic Development Admin-
istration (IEDA) application for Crown Hold-
ings, Inc.: City Manager recommended that the
City Council adopt a resolution approving the
Iowa Economic Development Authority Busi-
ness Financial Assistance Application on be-
half of Crown Holdings, Inc. and Subsidiaries
to establish operations in the City of Dubuque
through a lease of an existing building owned
by the Hodge Companies in Dubuque Industri-
al Center West. Motion by Resnick to receive
and file the documents and adopt Resolution
No. 267-19 Authorizing the filing of an applica-
tion for State Business Financial Assistance on
behalf of Crown Holdings, Inc. and subsidiar-
ies. Seconded by Jones. At the request of the
City Council, Rick Dickinson, President/CEO of
Greater Dubuque Development Corporation,
900 Jackson St., stated that this is a great
project that provides great jobs while using
existing buildings and demonstrated coopera-
283 Regular Session July 15, 2019 Book 149
tion between business. Mr. Dickinson thanked
the Hodge Company. Motion carried 6-0 with
Shaw abstaining 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 APPLI-
CATION FOR STATE BUSINESS FINAN-
CIAL ASSISTANCE ON BEHALF OF
CROWN HOLDINGS, INC., AND SUBSIDI-
ARIES
Whereas, Crown Holdings, Inc. and Sub-
sidiaries 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
Chavenelle 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 con-
tribute to the local economy through the crea-
tion of Forty-Two (42) full-time jobs in the City;
and
Whereas, financial assistance from the Io-
wa 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 Eco-
nomic Development Assistance Contract in
order to finalize incentives and document as-
sociated terms for the Project; and
Whereas, the City Council finds that the fil-
ing of an Application for participation in the
Iowa Economic Development Authority’s Fi-
nancial 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
DUBUQUE, IOWA THAT:
Section 1. The filing of an Application for
participation in the Iowa Economic Develop-
ment Authority’s Financial Assistance Program
on behalf of Crown Holdings, Inc., and Subsid-
iaries., 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 nomi-
nation filed by the City of Dubuque and adop-
tion of an ordinance designating Eagle Point
Park as a City Landmark Site. Motion by Lar-
son 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, Chap-
ter 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 DEVELOP-
MENT CODE, CHAPTER 10 HISTORIC
PRESERVATION OF THE CITY OF DUBU-
QUE 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 recommend-
ed an amendment to Chapter 10 (Historic
Preservation Commission Applications and
Procedures) in Title 16 - Unified Development
Code of the City of Dubuque Code of Ordi-
nances, by adding Eagle Point Park as a
landmark site to Section 16-10-4. B. Land-
marks and Landmark Sites; and
Whereas, the City of Dubuque may nomi-
nate and designate landmarks and landmark
sites for historic properties meeting the criteria
for such designation upon recommendation 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 Historic
Places on November 27, 2017, and therefore
meets the City Code criteria for landmark 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 desig-
nation of Eagle Point Park.
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
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:
284 Regular Sessions July 15, 2019 Book 149
11. Eagle Point Park: The property
hereinafter described is hereby desig-
nated 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 Miner-
al Lot 305a; Lot 1-1-1-1 of 305a Except
That Part That Lies Easterly of the Rail-
road Tracks And Westerly of the Lock
and Dam & Riverlot 2-4 of Eaglepoint
#2; Lot 2-221, Lot 1-222 & Lots 223 &
224 Julien Addition; 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 Or-
chard 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 Commis-
sion (second and final reading): City Manager
recommended approval of an ordinance which
adds a new Title 2, Chapter 5, Article C which
establishes the Community Development Ad-
visory Commission and provides for the pow-
ers, operation, membership and meetings.
Motion by Jones to receive and file the docu-
ments and that the requirement that a pro-
posed ordinance be considered and voted on
for passage at two Council meetings prior to
the meeting at which it is to be passed be sus-
pended. 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 Housing
Agency and Community Development Com-
missions by repealing Article C Community
Development Advisory Commission and
adopting a new Article C Community Devel-
opment Advisory Commission in lieu thereof
establishing the Community Development Ad-
visory Commission and providing for the pow-
ers, operation, membership, and meetings.
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 AR-
TICLE C COMMUNITY DEVELOPMENT AD-
VISORY COMMISSION AND ADOPTING A
NEW ARTICLE C COMMUNITY DEVELOP-
MENT ADVISORY COMMISSION IN LIEU
THEREOF ESTABLISHING THE COMMUNI-
TY DEVELOPMENT ADVISORY COMMIS-
SION AND PROVIDING FOR THE POWERS,
OPERATION, MEMBERSHIP, AND MEET-
INGS
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 Ordinances 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 participa-
tion 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 regula-
tions 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 ad-
ministrative, personnel, accounting, budgetary,
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 resi-
dents of census tracts and block
groups where at least fifty one percent
(51%) of the residents are
low/moderate income persons as de-
termined by the United States Depart-
ment of Commerce, Bureau of the
Census.
285 Regular Session July 15, 2019 Book 149
2. Four (4) members must be resi-
dents of the community at-large.
3. One (1) member must be ap-
pointed by and from the membership of
the Housing Commission, with approval
from the city council.
2-5C-6: Oath: Each person, upon appoint-
ment 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 Com-
mission.
2-5C-8: Vacancies: Vacancies must be
filled in the same manner as original appoint-
ments.
2-5C-9: Officers/Organization: The com-
missioners 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 mem-
ber 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.
B. Special Meetings. Special meetings
may be called by the chairperson or at the
written request of a majority of the com-
missioners.
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 con-
secutive meetings of the commission,
without being excused by the chairper-
son, such absence will be grounds for
the commission to recommend to the
city council that the position be de-
clared vacant and a replacement ap-
pointed.
2. Attendance must be entered up-
on 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
meeting, or by the next regularly scheduled
city council meeting, whichever is later.
F. Quorum. Five (5) commissioners
constitute a quorum for the transaction of
business. 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 estab-
lished 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 responsibilities:
A. To conduct public hearings in ac-
cordance with the minimum standards es-
tablished in the CDBG program’s Citizen
Participation Plan to ensure meaningful cit-
izen input in the planning, implementation,
and assessment of the CDBG program;
B. To provide for and encourage the
participation of low/moderate income per-
sons who reside in designated areas of
slum and blight and residents of low/ mod-
erate income neighborhoods, as defined by
the city council, in the planning, implemen-
tation, and assessment of the CDBG pro-
gram;
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 de-
cisions regarding funding priorities and
program development and implementation;
E. To monitor and evaluate program
activities to advise whether identified
community development objectives have
been met;
F. To undertake public information ef-
forts to educate the citizenry of the availa-
bility 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 ob-
jectives assess needs, priorities, and pro-
jected use of funds, amendments thereto,
and required reports, including but not lim-
ited to, the Annual Action Plan, Consoli-
dated Annual 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 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 commis-
sions in the assessment of the general de-
velopment needs of the community.
286 Regular Sessions July 15, 2019 Book 149
2-5C-14: GRIEVANCE PROCEDURE;
REVIEW STANDARDS; APPEAL PROCESS:
The grievance procedure for the CDBG pro-
gram 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 expla-
nation 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 griev-
ance, 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 re-
quest in writing that the grievance be with-
drawn.
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 ap-
pear before the commission have an op-
portunity to be heard regarding the griev-
ance. Minutes must be kept of the pro-
ceedings of the hearing.
F. The commission must forward its
recommendation, in writing, to the city
manager within ten (10) business days fol-
lowing the hearing.
G. The city manager must receive and
review the recommendation of the com-
mission 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 com-
mission must comply with the regulations
established 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 unsatis-
factory, the complainant may file a written ap-
peal with the U.S. Department of Housing and
Urban Development.
2-5C-15: PROCEDURES FOR OPERA-
TIONS: The commission must operate in ac-
cordance with the standards and procedures
set forth in the city’s CDBG program’s Citizen
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 up-
on publication.
Passed, approved, and adopted the 15th
day of July 2019.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
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 rec-
ommended approval of a Request for Pro-
posals for a consultant to help create an Equi-
table Poverty Prevention Plan with an imple-
mentation strategy for the Dubuque Communi-
ty. 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 alter-
native to the recent Request for Proposal for
nine remanufactured buses. It is further rec-
ommended 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
287 Special Session July 16, 2019 Book 149
documents. Seconded by Jones. No
schedule conflicts were noted. Motion carried
7-0.
COUNCIL MEMBER REPORTS
Council Member Resnick reported on hear-
ing from a student returning to live in Dubuque
and how thrilled the former student was with
the look of Dubuque. Mr. Resnick congratulat-
ed all other students who have returned to live
in Dubuque.
CLOSED SESSION
Motion by Jones to convene in closed ses-
sion at 7:52 p.m. to discuss Pending Litigation
and Real Estate Transfer Negotiations pursu-
ant 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 Attorney 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.
There being no further business, upon mo-
tion the City Council adjourned at 8:24 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
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 16, 2019 in Con-
ference Room B, City Hall, 50 W. 13th Street.
Present: Mayor Buol; Council Members Del
Toro, Jones, Larson, Resnick, Rios, Shaw;
City Manager Van Milligen.
Mayor Buol read the call and stated this is
a special session of the city council called for
the purpose of conducting a closed session on
professional evaluations pursuant to Chapter
21.5 (1)(i) Code of Iowa
CLOSED SESSION
Professional Evaluations pursuant to Code
of Iowa Chapter 21.5 (1)(i).
Motion by Resnick to convene in closed
session to conduct professional evaluations
pursuant to Code of Iowa Chapter 21.5 (1)(i).
Seconded by Del Toro. Motion carried 7-0.
Upon motion, the City Council reconvened
in open session at 7:45 p.m. stating that the
evaluations had been concluded.
There being no further business, upon mo-
tion the City Council adjourned at 7:46 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
288 Special Session August 5, 2019 Book 149
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special
session at 5:30 p.m. on August 5, 2019 in the
second-floor Council Chambers of the Historic
Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Del
Toro, Jones, Larson, Resnick, Rios (Joined at
5:37 p.m.), 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
Project H.O.P.E.
WORK SESSION
PROJECT H.O.P.E.
(Help Our People Excel)
Peter Supple, Economic Opportunity Coor-
dinator for the Community Foundation of
Greater Dubuque conducted the work session.
Topics included:
• Mission statement;
• Three impact areas: Academic
achievement, equity and inclusion,
economic opportunity;
• Network partners;
• Past successes: Re-engage Dubuque,
Opportunity Dubuque, Vision to Learn,
Green & Health Homes;
• Current projects: Brain Health; Dubu-
que College Access Network (DCAN);
Volunteer Income Tax Assistance (VI-
TA); Washington Neighborhood Gar-
den;
• MIT Report: Bridging the American Di-
vides: Work, Community & Culture;
• Inter-related Challenges: finding
skilled labor to fill openings, decreas-
ing poverty rates, sharing benefits
equally across races;
• Key findings:
o robust and complex workforce
development and social services
ecosystem.;
o removing barriers to employment
for current residents living in
poverty
o Soft skills gap/employability
skills, childcare, transportation,
brain health, drug tests;
o engagement & co-creation:
community dialogue and co-
creation; advancing equity
o moment in time presenting
unique opportunity;
• Next steps: Community press release,
20+ partners engaged, Business
Leader Equity Cohort; Project H.O.P.E
steering Committee; NICC Success
Team Partnership; Major’s Implemen-
tation for Change; Dubuque WORKS.
Mr. Supple noted that the report can be ob-
tain from the Community Foundation of Great-
er Dubuque and briefly responded to questions
from the City Council.
There being no further business, upon mo-
tion the City Council adjourned at 5:50 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
289 Regular Session August 5, 2019 Book 149
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular
session at 6:00 p.m. on August 5, 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 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
PROCLAMATION(S)
1. Eagles Eyes on the Future was accept-
ed by Michael Duehr, Chairperson for the Ea-
gles Eyes on the Future Committee, and recip-
ient Andrew Timmerman.
2. Health Center Week (August 4-10,
2019) was accepted by Gary Collins, CEO of
the Crescent Community Health Center.
CONSENT ITEMS
For the record, the City Clerk announced
changes to the documentation for Consent
Item No. 10.
Motion by Resnick to receive and file the
documents, adopt the resolutions, and dispose
of as indicated. Seconded by Shaw. Brad
Cavanaugh, 565 Fenelon Pl., requested Item
No. 7 be held for separate discussion. Motion
carried 7-0.
1. Minutes and Reports Submitted: City
Council Proceedings of 7/15, 7/16; Civil Ser-
vice Commission of 7/22; Community Devel-
opment Advisory Commission of 6/19; Library
Board of Trustees Council Update #184 of
7/25; Proof of Publication for City Council Pro-
ceedings of 7/1, 7/15, 7/16; Proof of Publica-
tion for List of Claims and Summary of Reve-
nues for Month Ending 6/30. Upon motion the
documents were received and filed.
2. Notice of Claims and Suits: David and
Connie Cole for property damage; Dave Hu-
banks for vehicle damage; Mason Kobliska for
vehicle damage; Robert Monthey for vehicle
damage. Upon motion the documents were
received, filed, and referred to the City Attor-
ney.
3. Disposition of Claims: City Attorney ad-
vising that the following claims have been re-
ferred to Public Entity Risk Services of Iowa,
the agent for the Iowa Communities Assurance
Pool: David and Connie Cole for property
damage, Dave Hubanks for vehicle damage,
Mason Kobliska for vehicle damage, Robert
Monthey for vehicle damage. Upon motion the
documents were received, filed, and con-
curred.
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. 268-19 Authorizing the Finance
Director-City Treasurer to make certain pay-
ments of bills that must be paid and approved
for payment in accordance with City proce-
dures was adopted.
RESOLUTION NO. 268-19
AUTHORIZING THE FINANCE DIRECTOR-
CITY TREASURER TO MAKE CERTAIN
PAYMENTS OF BILLS THAT MUST BE PAID
AND APPROVED FOR PAYMENT IN AC-
CORDANCE 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 req-
uisitioned for a lawful municipal purpose; and
Whereas, the Finance Director-City Treas-
urer 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 pay-
ment for goods and services provided for City
purposes in response to the purchase orders
290 Regular Session August 5, 2019 Book 149
and contracts issued in compliance with state
and municipal code requirements as requested
by designated requisitioning authorities in ac-
cordance with approved budget appropria-
tions.
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 5th
day of August 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. Fund Transfers for Special Assessments
Collected in Fiscal Year 2019: City Manager
recommending approval of the suggested pro-
ceedings pursuant to Iowa Administrative
Rules Code §545-2.5(5) for approving a trans-
fer of funds for special assessments to the
funds that incurred the expenses for the pro-
jects. Upon motion the documents were re-
ceived and filed, and Resolution No. 269-19
Authorizing the Director of Finance and Budget
to make the appropriate interfund transfers of
sums and record the same in the appropriate
manner for FY2019 for the City of Dubuque,
Iowa was adopted.
RESOLUTION NO. 269-19
AUTHORIZING THE DIRECTOR OF FI-
NANCE AND BUDGET TO MAKE THE AP-
PROPRIATE INTERFUND TRANSFERS OF
SUMS AND RECORD THE SAME IN THE
APPROPRIATE MANNER FOR THE FY 2019
FOR THE CITY OF DUBUQUE, IOWA
Whereas, Iowa Administrative Rules Code
Section 545-2.5(5) implements Iowa Code
Section 384.18 and provides that the City
Council shall approve all transfers of moneys
from one budgeted fund to another budgeted
fund as provided in Iowa Administrative Rules
Code Section 545-2.5(5).
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Authorize the Director of Fi-
nance and Budget to Transfer Funds. That the
Director of Finance and Budget be and is
hereby authorized by the City Council to make
the appropriate interfund transfer of sums and
record the same in the appropriate manner for
FY 2019.
Section 2. Transfer of Funds. That the Di-
rector of Finance and Budget will transfer the
following sums and to record the same in the
appropriate manner:
1. Transfer from the Special Assess-
ments Special Revenue Fund to the Street
Construction Fund $116.79 to reimburse
previously assessed street improvements.
2. Transfer from the Special Assess-
ments Special Revenue Fund to the Sales
Tax Increment Fund $10,648.56 to reim-
burse previously assessed street im-
provements.
3. Transfer from the Special Assess-
ments Special Revenue Fund to the Gen-
eral Fund $487.60 to reimburse previously
assessed sidewalk improvements.
4. Transfer from the Special Assess-
ments Special Revenue Fung to the Water
Operating Enterprise Fund $246.24 to re-
imburse previously assessed water im-
provements.
Passed, approved and adopted this 5th
day of August 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
6. Quarterly Investment Report for June
30, 2019: City Manager submitting the Quar-
terly Investment Report for the period April 1,
2019 through June 30, 2019. Upon motion the
document was received and filed.
7. Dubuque County Food Policy Council:
Mayor Buol recommending that correspond-
ence from the Dubuque County Food Policy
Council (DCFPC) requesting funding allocation
from the City for community food systems de-
velopment grants match and for a City Council
representative on the DCFPC be considered at
the City Council Goal Setting August 12-14,
2019. Motion by Resnick to receive and file the
documents. Seconded by Shaw. Brad
Cavanaugh, 565 Fenelon Pl.; and Mikayla
Freiburger, 1718 Diane Ct., spoke in support
of funding for the initiative and cited its con-
nection to City Council goals and the Compre-
hensive Plan. Motion carried 7-0.
8. Civil Service Commission - Certified
Lists: Civil Service Commission submitting
certified lists for the positions of Account Clerk
I, Animal Control Officer, and Water and Re-
source Recovery Center Plant Operator. Upon
motion the documents were received, filed and
made a Matter of Record.
July 22, 2019
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the
Code of Iowa, an entrance examination for the
position of Account Clerk I was administered
on July 2, 2019. We hereby certify that the
individuals listed below have passed this writ-
ten examination and the vacancy for this posi-
tion should be made from this list and that this
list is good for one (1) year from above date.
291 Regular Session August 5, 2019 Book 149
Account Clerk I
1. Janelle Wilwert, 2. Cindy Wilharm, 3. Christy
Gotto, 4. Roberta Potter-Kratz, 5. Lisa Som-
mer, 6. Jennifer Welsh, 7. Emily Helbing, 8.
Ellen Ernst, 9. Robin Gifford, 10. David Han-
son, 11. Derek Collum, 12. Chad Hagge, 13.
Kerry Rogers, 14. Joyce Bonifas, 15. Brian
Kirk, 16. Alison Galle, 17. Alicia Borozo-
Marcotte, 18. Paula Hardin, 19. Vickie Hick-
son, 20. Jodi Arensdorf, 21. Brandi Baum-
hover, 22. Ann Murphy, 23. Stephanie Wul-
fekuhle, 24. Charles Harris, 25. Dawn Carr, 26.
Vanessa Beckman
Respectfully submitted,
/s/Dan White, Chairman
Civil Service Commission
July 22, 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 Animal Control Officer was adminis-
tered on June 25, 2019. We hereby certify that
the individuals listed below have passed this
written examination and the vacancy for this
position should be filled from this list and that
this list is good for one (1) year from above
date.
Animal Control Officer
1. McKinzie Flanagan, 2. Carroll Clark, 3. Jen-
ny Cook
Respectfully submitted,
/s/Dan White, Chairman
Civil Service Commission
July 22, 2019
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the
Code of Iowa, an entrance examination for the
position of Water and Resource Recovery
Center Plant Operator was administered on
July 10, 2019. We hereby certify that the indi-
viduals listed below have passed this examina-
tion and the vacancy for this position should be
filled from this list and that this list is good for
one (1) year from above date.
Water and Resource Recovery
Center Plant Operator
1. Luke Meadows, 2. Nicholas Connolly, 3. Jeff
Horn, 4. Justin Licht, 5. Larry Hoppman, 6.
Brian Kirk, 7. Colton Arthofer, 8. Douglas Buls,
9. Levi Jasper, 10. Brandon Maro, 11. Jeffrey
Davis, Jr., 12. Brad Petitgout, 13. Marty Kass,
14. Cole Kearney
Respectfully submitted,
/s/Dan White, Chairman
Civil Service Commission
9. Acceptance of Grants of Easements for
Water Main and Sanitary Sewer Utilities - Mar-
quette Place: City Manager recommending
acceptance of a Grant of Easement for water
main and sanitary sewer utilities across prop-
erty owned by Christopher M. Hefel on Mar-
quette Place as part of the Marquette Place
Street Water Main and Sanitary Sewer Recon-
struction Project. Upon motion the documents
were received and filed, and Resolution No.
270-19 Accepting a Grant of Easement for
Certain Public Utilities Associated with the
Marquette Place Sanitary Sewer and Water
Main Reconstruction Project in the City of
Dubuque, Iowa was adopted.
RESOLUTION NO. 270-19
ACCEPTING A GRANT OF EASEMENT FOR
CERTAIN PUBLIC UTILITIES ASSOCIATED
WITH THE MARQUETTE PLACE SANITARY
SEWER & WATER MAIN RECONSTRUC-
TION PROJECT, IN THE CITY OF DUBU-
QUE, IOWA
Whereas, Christopher M. Hefel, has exe-
cuted a Grant of Easement for Water Main and
Sanitary Sewer Utility across Part of Lot 1 of
Hefel Place, in the City of Dubuque, Iowa.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of
Dubuque, Iowa, hereby approves of, accepts
and consents to the Grant of Easement for
Water Main and Sanitary Sewer Utility, across
the property as listed above, in the City of
Dubuque, Iowa from the property owner as
listed above, copies of which are attached
hereto.
Section 2. The Mayor is hereby authorized
and directed to execute and acknowledge on
behalf of the City of Dubuque any instruments
in connection herewith.
Section 3. That the City Clerk be and is
hereby authorized and directed to record a
certified copy of this resolution with said Grant
of Easement for Water Main and Sanitary
Sewer Utility, in the offices of the City Asses-
sor, Dubuque County Recorder and Dubuque
County Auditor.
Passed, approved and adopted this 5th day
of August 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
10. Acceptance of 15 South Main Street
Building Deconstruction Project: City Manager
recommending acceptance of the public im-
provement construction contract for Bid Pack-
age 1 related to 15 South Main Street Building
Deconstruction Project as completed by Main-
line Excavating Co., Inc. Upon motion the doc-
uments were received and filed, and Resolu-
tion No. 271-19 Accepting the 15 South Main
292 Regular Session August 5, 2019 Book 149
Street Building Deconstruction Project and
authorizing the final payment to the contractor
was adopted.
RESOLUTION NO. 271-19
ACCEPTING THE 15 SOUTH MAIN STREET
BUILDING DECONSTRUCTION PROJECT
AND AUTHORIZING THE FINAL PAYMENT
TO THE CONTRACTOR
Whereas, the public improvement contract
for the 15 South Main Street Building Decon-
struction Project (the Project) has been com-
pleted by the Contractor, Mainline Excavating
Co. Inc. of Dubuque, IA (Contractor), and the
City Engineer has examined the work and
signed a certificate stating that the Project has
been completed according to the terms of the
Public Improvement Contract and that the City
Engineer recommends that the Project be ac-
cepted; and
Whereas, the final contract amount for the
Project is $33,999.00; and
Whereas, the Contractor has previously
been paid $32,979.03, leaving a balance of
$1,019.97; and
Whereas, the City Council finds that the
recommendation of the City Engineer should
be accepted.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The recommendation of the City
Engineer is approved, and the Project is here-
by accepted.
Section 2. The Finance Director is hereby
directed to pay to the Contractor from the 15
South Main Street Building Deconstruction
Project CIP appropriations for the contract
amount of $33,999.00 less any retained per-
centage provided for therein as provided in
Iowa Code.
Section 3. The Finance Director is hereby
directed to pay to the Contractor the balance
of the retainage of $1,019.97 as provided in
Iowa Code chapter 573, and to pay such re-
tainage in accordance with the provisions of
Iowa Code chapter 573 or Iowa Code chapter
26.13.
Passed, approved and adopted this 5th day
of August 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL
COMPLETION OF THE 15 SOUTH MAIN
STREET BUILDING DECONSTRUCTION
PROJECT
The undersigned City Engineer of the City
of Dubuque, Iowa, hereby certifies that he has
inspected the 15 South Main Street Building
Deconstruction Project, and that the Project
has been completed in compliance with the
terms of the Public Improvement Contract, and
that the total cost of the completed work is
$37,759.76.
Dated this 5th day of August 2019.
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 5th
day of August 2019.
/s/Kevin Firnstahl, City Clerk
11. North Cascade Road Developers, LLC
Properties Right-of-Way Plat and Dedication
for North Cascade Road Reconstruction Pro-
ject: City Manager recommending approval of
the Acquisition Plats of Lot A of Lot F of Tim-
ber-Hyrst Estates No. 4 and Lot A of Lot G of
Timber-Hyrst Estates No. 4 in the City of
Dubuque, and acceptance of the dedication of
said lots for right-of-way needed for the North
Cascade Road Reconstruction Project from
the bridge over Catfish Creek to Edval Lane.
Upon motion the documents were received
and filed, and Resolution No. 272-19 Approv-
ing the Acquisition Plats of Lot A of Lot F of
Timber-Hyrst Estates No. 4 and Lot A of Lot G
of Timber-Hyrst Estates No. 4 in the City of
Dubuque, Iowa was adopted.
RESOLUTION NO. 272-19
APPROVING THE ACQUISITION PLATS OF
LOT A OF LOT F OF TIMBER-HYRST ES-
TATES NO. 4 AND LOT A OF LOT G OF
TIMBER-HYRST ESTATES NO. 4, IN THE
CITY OF DUBUQUE, IOWA
Whereas, there has been presented to the
City Council of the City of Dubuque, Iowa, an
Acquisition Plat dated February 15, 2019 pre-
pared by The City of Dubuque Engineering
Department describing Lot A of Lot F of Tim-
ber-Hyrst Estates No. 4, in the City of Dubu-
que, Iowa; and
Whereas, there has been presented to the
City Council of the City of Dubuque, Iowa, an
Acquisition Plat dated February 15, 2019 pre-
pared by The City of Dubuque Engineering
Department describing Lot A of Lot G of Tim-
ber-Hyrst Estates No. 4, in the City of Dubu-
que, Iowa; and
Whereas, Lot A of Lot F of Timber-Hyrst
Estates No. 4, in the City of Dubuque, Iowa is
designated as Project Parcel 4 on said Acqui-
sition Plat dated February 15, 2019 prepared
by The City of Dubuque Engineering Depart-
ment; and
Whereas, Lot A of Lot G of Timber-Hyrst
Estates No. 4, in the City of Dubuque, Iowa is
designated as Project Parcel 3 on said Acqui-
sition Plat dated February 15, 2019 prepared
by The City of Dubuque Engineering Depart-
ment; and
Whereas, said plats conform to the laws
and statutes pertaining thereto; and
Whereas, upon said plats appear Lot A of
Lot F, and Lot A of Lot G, which North Cas-
293 Regular Session August 5, 2019 Book 149
cade Road Developers, LLC, by said plat have
dedicated to the public forever; and
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The plats dated February 15,
2019 prepared by The City of Dubuque Engi-
neering Department, relative to the real estate
hereinabove described be and the same are
hereby approved, and the Mayor and City
Clerk be and they are hereby authorized and
directed to execute said plats and on behalf of
the City of Dubuque, Iowa.
Section 2. The dedication of Lot A of Lot F
of Timber-Hyrst Estates No. 4, in the City of
Dubuque, Iowa, for Right of Way purposes, as
it appears on said Acquisition Plat, be and the
same is hereby accepted.
Section 3. The dedication of Lot A of Lot G
of Timber-Hyrst Estates No. 4, in the City of
Dubuque, Iowa, for Right of Way purposes, as
it appears on said Acquisition Plat, be and the
same is hereby accepted.
Section 4. The City Clerk be and is hereby
authorized and directed to file said plat and
certified copy of this resolution in the office of
the Recorder, in and for Dubuque County,
Iowa.
Passed, approved and adopted this 5th day
of August 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
12. McFadden Family Farm Partnership
LLP Property Right-of-Way Plat and Dedica-
tion: City Manager recommending approval of
the Acquisition Plat of Lot 1A of McFadden
Farm Place #2, in the City of Dubuque, Iowa,
and acceptance of the dedication of said lot,
which provides additional right-of-way needed
for the future Pennsylvania Avenue and Rad-
ford Road Intersection Improvements Project.
Upon motion the documents were received
and filed, and Resolution No. 273-19 Approv-
ing the Acquisition Plat of Lot 1A of McFadden
Farm Place #2 in the City of Dubuque, Iowa
was adopted.
RESOLUTION NO. 273-19
APPROVING THE ACQUISITION PLAT OF
LOT 1A OF MCFADDEN FARM PLACE #2,
IN THE CITY OF DUBUQUE, IOWA
Whereas, there has been presented to the
City Council of the City of Dubuque, Iowa, an
Acquisition Plat dated April 4, 2019 prepared
by The City of Dubuque Engineering Depart-
ment describing Lot 1A of McFadden Farm
Place #2, in the City of Dubuque, Iowa; and
Whereas, said plat conforms to the laws
and statutes pertaining thereto; and
Whereas, upon said plat appears Lot 1A,
which McFadden Family Farm Partnership,
LLP, by said plat have dedicated to the public
forever; and
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The plat dated April 4, 2019
prepared by The City of Dubuque Engineering
Department, relative to the real estate here-
inabove described be and the same is hereby
approved, and the Mayor and City Clerk be
and they are hereby authorized and directed to
execute said plat and on behalf of the City of
Dubuque, Iowa.
Section 2. The dedication of Lot 1A of
McFadden Family Farm Place #2, in the City
of Dubuque, Iowa, for Right of Way purposes,
as it appears on said Acquisition Plat, be and
the same are hereby accepted.
Section 3. The City Clerk be and is hereby
authorized and directed to file said plat and
certified copy of this resolution in the office of
the Recorder, in and for Dubuque County,
Iowa.
Passed, approved and adopted this 5th day
of August 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
13. John F. Kennedy Road and NW Arteri-
al City Sidewalk Installation: City Manager
providing information on the installation of ap-
proximately 75 feet of sidewalk for a portion of
Iowa Department of Transportation right-of-
way on the southeast corner of John F. Ken-
nedy Road and Northwest Arterial. Upon mo-
tion the documents were received and filed.
14. BVM-PHS Senior Housing, Inc. Devel-
opment Sanitary Sewer Construction Memo-
randum of Agreement at Mt. Carmel Campus:
City Manager recommending approval of the
Sanitary Sewer Construction Memorandum of
Agreement with BVM-PHS Senior Housing,
Inc. that is required to begin construction on a
proposed sanitary sewer extension to serve
the existing Mother House building and the
new skilled nursing, assisted living and
memory care facilities at the Mt. Carmel Cam-
pus. Upon motion the documents were re-
ceived and filed, and Resolution No. 274-19
Approving a Sanitary Sewer Construction
Memorandum of Agreement between the City
of Dubuque, Iowa and BVM/PHS Senior Hous-
ing, Inc. was adopted.
RESOLUTION NO. 274-19
APPROVING A SANITARY SEWER CON-
STRUCTION MEMORANDUM OF AGREE-
MENT BETWEEN THE CITY OF DUBUQUE,
IOWA AND BVM-PHS SENIOR HOUSING,
INC.
Whereas, the City of Dubuque is party to a
Sanitary Sewer Construction Memorandum of
294 Regular Session August 5, 2019 Book 149
Agreement with BVM-PHS Senior Housing,
Inc.; and
Whereas, per the Memorandum of Agree-
ment, BVM-PHS Senior Housing Inc. would
construct a private sanitary sewer extension
from the BVM Phase 1 facilities to Julien
Dubuque Drive; and
Whereas, per the Memorandum of Agree-
ment, the City will construct a public sewer
from the existing sewer serving Shady Oaks to
the private BVM-PHS sewer along Julien
Dubuque Drive; and
Whereas, BVM-PHS Senior Housing, Inc.,
has executed the Sanitary Sewer Construction
Memorandum of Agreement.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
The Sanitary Sewer Construction Memo-
randum of Agreement attached hereto is here-
by approved.
Passed, approved, and adopted this 5th
day of August 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
15. Awarding the West Third Pumping Sta-
tion Standby Generator 2018 Project: City
Manager recommending that the award for the
West Third Pumping Station Standby Genera-
tor 2018 Project to A&G Electric be officially
recorded in the minutes of the City Council.
Upon motion the documents were received,
filed and made a Matter of Record.
16. Awarding the Grand River Center
Meeting Rooms Carpet Replacement Project:
City Manager recommending that the award
for the Grand River Center Meeting Rooms
Carpet Replacement Project to Commercial
Flooring be officially recorded in the minutes of
the City Council. Upon motion the documents
were received, filed and made a Matter of
Record.
17. Awarding Grand River Center Exhibit
Hall Carpet Replacement Project: City Manag-
er recommending that the award for the Grand
River Center Exhibit Hall Carpet Replacement
Project to Commercial Flooring be officially
recorded in the minutes of the City Council.
Upon motion the documents were received,
filed and made a Matter of Record.
18. Awarding Dubuque Montessori Parking
Lot Asphalt Paving Project: City Manager rec-
ommending that the award for the Dubuque
Montessori Parking Lot Asphalt Paving Project
to River City Paving be officially recorded in
the minutes of the City Council. Upon motion
the documents were received, filed and made
a Matter of Record.
19. Request for Proposals for Consolidated
Plan and Analysis of Impediments: City Man-
ager recommending approval of the Request
for Proposal for the 2021-2025 Consolidated
Plan and Analysis of Impediments. Upon mo-
tion the documents were received, filed and
approved.
20. AmeriCorps Partners in Learning and
Dubuque Healthy Futures Grant Awards 2019-
2020: City Manager transmitting information
about the approved funding from Volunteer
Iowa and the Corporation for National and
Community Service for AmeriCorps Partners in
Learning for Program Year 2019-2020. Upon
motion the documents were received, filed and
approved.
21. Healthy Homes and Childhood Lead
Poisoning Prevention Program Con-
tract/Subcontracts: City Manager recommend-
ing approval of a contract with the Dubuque
County Board of Health and the Iowa Depart-
ment of Public Health for continued funding of
the Childhood Lead Poisoning Prevention Pro-
gram, and a renewed agreement with the
Dubuque Visiting Nurse Association for ser-
vices related to the Childhood Lead Poisoning
Prevention Program and Healthy Homes Pro-
gram. Upon motion the documents were re-
ceived, filed and approved.
22. Visiting Nurse Association (VNA) /
HUD Lead Hazard Control and Healthy Homes
Funding Agreement: City Manager recom-
mending approval of a Subcontract with the
Dubuque Visiting Nurse Association for ser-
vices related to the U.S. Department of Hous-
ing and Urban Development (HUD) Lead Haz-
ard Control and Healthy Homes Program. Up-
on motion the documents were received, filed
and approved.
23. Continuum of Care Program Renewal
Application: City Manager recommending au-
thorization of a one-year renewal application to
the U.S. Department of Housing & Urban De-
velopment (HUD) for the administration of the
Continuum of Care Special Needs Assistance
Program, which provides rental assistance to
homeless persons with disabilities. Upon mo-
tion the documents were received and filed,
and Resolution No. 275-19 Authorizing the
Mayor to execute and application for the Con-
tinuum of Care grant and authorizing the Di-
rector of Housing and community Develop-
ment and the City Manager to approve the
application was adopted.
RESOLUTION NO. 275-19
AUTHORIZING THE MAYOR TO EXECUTE
AN APPLICATION FOR THE CONTINUUM
OF CARE GRANT AND AUTHORIZING THE
295 Regular Session August 5, 2019 Book 149
DIRECTOR OF HOUSING AND COMMUNITY
DEVELOPMENT AND THE CITY MANAGER
TO APPROVE THE APPLICATION
Whereas, the U.S. Department of Housing
and Urban Development has published the
availability of the Continuum of Care grant for
the Collaborative Applicants including the Iowa
Balance of the Continuum of Care; and
Whereas, the U.S. Department of Housing
and Urban Development will publish the avail-
ability of the Continuum of Care grant for the
Project Applicants including the City of Dubu-
que Phoenix Housing Project; and
Whereas, the City of Dubuque has admin-
istered the Continuum of Care grant since
2007; and
Whereas, the City of Dubuque proposes to
continue administering the Continuum of Care
grant to assist homeless, disabled persons
with permanent supportive housing.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE IOWA THAT:
Section 1: The Mayor is hereby authorized
and directed to submit an application to HUD
for the Continuum of Care program grant; and
Section 2: The Director of Housing and
Community Development and the City Manag-
er are hereby authorized to approve the appli-
cation that is submitted to HUD.
Section 3: The City Manager is hereby au-
thorized and directed to forward said applica-
tion and resulting standard executed contract
to the respective agency in a timely fashion
and as required by U. S. Department of Hous-
ing and Urban Development.
Passed, approved and adopted this 5th day
of August 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
24. 2019 Justice Assistance Grant (JAG)
Application: City Manager recommending ap-
proval of the 2019 Justice Assistance Grant
(JAG) application. Upon motion the documents
were received, filed and approved.
25. Preparation of the 509A Certification
for the Self-Funded Health Plan: City Manager
recommending approval to continue using
Insurance Strategies Consulting to prepare the
509A Certification for the City of Dubuque’s
Self-Funded Health Plan and approval of the
Services Engagement Letter. Upon motion the
documents were received, filed and approved.
26. Gallagher Benefit Services Renewal
Proposal: City Manager recommending ap-
proval of the Amendment to the Administrative
Services Agreement with Gallagher Benefit
Services, Inc. for benefit and actuarial services
effective July 1, 2019 through June 30, 2020;
and authorization for the City Manager to sign
the Amendment. Upon motion the documents
were received, filed and approved.
27. Purchase of Services Agreement -
Dubuque Dream Center: City Manager rec-
ommending approval of a Purchase of Ser-
vices Grant Agreement with Dubuque Dream
Center for Fiscal Year 2020. Upon motion the
documents were received, filed and approved.
28. Purchase of Services Agreement - East
Central Development Corporation: City Man-
ager recommending approval of a Purchase of
Services Grant Agreement with East Central
Development Corporation for Fiscal Year
2020. Upon motion the documents were re-
ceived, filed and approved.
29. Purchase of Services Agreement -
Fountain of Youth: City Manager recommend-
ing approval of a Purchase of Services Grant
Agreement with the Fountain of Youth Pro-
gram for Fiscal Year 2020. Upon motion the
documents were received, filed and approved.
30. Purchase of Services Agreement -
Four Oaks Family and Children's Services:
City Manager recommending approval of a
Purchase of Services Grant Agreement with
Four Oaks Family and Children's Services for
Fiscal Year 2020. Upon motion the documents
were received, filed and approved.
31. Purchase of Services Agreement - Lu-
theran Services in Iowa: City Manager recom-
mending approval of a Purchase of Services
Grant Agreement with Lutheran Services of
Iowa for Fiscal Year 2020. Upon motion the
documents were received, filed and approved.
32. Purchase of Services Agreement -
Opening Doors: City Manager recommending
approval of a Purchase of Services Grant
Agreement with Opening Doors for Fiscal Year
2020. Upon motion the documents were re-
ceived, filed and approved.
33. Purchase of Services Agreement - Re-
tired & Senior Volunteer Program: City Man-
ager recommending approval of a Purchase of
Services Grant Agreement with Retired & Sen-
ior Volunteer Program for Fiscal Year 2020.
Upon motion the documents were received,
filed and approved.
34. Purchase of Services Agreement -
Riverview Center: City Manager recommend-
ing approval of a Purchase of Services Grant
Agreement with the Riverview Center for Fis-
cal Year 2020. Upon motion the documents
were received, filed and approved.
296 Regular Session August 5, 2019 Book 149
35. Purchase of Services Agreement - St.
Mark Youth Enrichment: City Manager rec-
ommending approval of a Purchase of Ser-
vices Grant Agreement with St. Mark Youth
Enrichment for Fiscal Year 2020. Upon motion
the documents were received, filed and ap-
proved.
36. Signed Contract(s): Eastern Iowa As-
phalt Maintenance, Inc. for resurfacing and re-
striping six surface parking lots; Blackstone
Environmental for West Blum Site 1 Clean Up
and conceptual Facilities Planning. Upon mo-
tion the documents were received and filed.
37. Improvement Contracts / Performance,
Payment and Maintenance Bonds: Floor Show
Companies for the Grand River Center First-
Floor Concourse Carpet Replacement Project.
Upon motion the documents were received,
filed and approved.
38. 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. 276-19 Approv-
ing 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. 276-19
APPROVING APPLICATIONS FOR BEER,
LIQUOR, AND/OR WINE PERMITS, AS RE-
QUIRED BY CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 4 BUSINESS AND LI-
CENSE REGULATIONS, CHAPTER 2 LIQ-
UOR CONTROL, ARTICLE B LIQUOR,
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 re-
quirements of the Code of Ordinances.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The City Clerk is hereby author-
ized and directed to cause to be issued the
noted permit types to the following applicants
pending submission of the locally required
documentation:
Renewals
Bell Tower Productions, 2728 Asbury Rd.,
Special Class C Liquor (Sunday)
Casey's General Store #2420, 2699 Rock-
dale Rd., Class E Liquor, Class B Wine, Class
B Native Wine, Class C Beer (Sunday)
Casey's General Store #2421, 4003 Peru
Rd., Class E Liquor, Class B Wine, Class B
Native Wine, Class C Beer (Sunday)
Shannon's Bar & Grill, 521 E 22nd St., Class
C Liquor (Sunday)
Super Stop II, 700 Rhomberg Ave., Class E
Liquor, Class B Wine, Class C Beer (Sunday)
Adding a Privilege
Main Street Social, 123 Main St., Adding
Permanent Outdoor Service
Grand River Center, 500 Bell St., Adding
Permanent Outdoor Service
Passed, approved, and adopted this 5th
day of August 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 pub-
lic hearings as indicated, and direct the City
Clerk to publish notice as prescribed by law.
Seconded by Del Toro. Motion carried 7-0.
1. Vacating a Grant of Easement for Water
Main and Sanitary Sewer for Marquette Place:
City Manager recommending the City Council
set a public hearing for August 19, 2019, for
the vacating of a Grant of Easement for Water
Main and Sanitary Sewer Utilities over Lot 1 of
Hefel Place owned by Christopher M. Hefel, as
part of the Marquette Place Street Sanitary
Sewer and Water Main Reconstruction Project.
Upon motion the documents were received
and filed and Resolution No. 277-19 Resolu-
tion of Intent to vacate and dispose of City
Interest in a Grant of Easement for Water Main
and Sanitary Sewer Utilities over and across
Lot 1 of Hefel Place in the City of Dubuque,
Iowa was adopted setting a public hearing for
a meeting to commence at 6:00 p.m. on Au-
gust 19, 2019 in the Historic Federal Building.
RESOLUTION NO. 277-19
RESOLUTION OF INTENT TO VACATE AND
DISPOSE OF CITY INTEREST IN A GRANT
OF EASEMENT FOR WATER MAIN AND
SANITARY SEWER UTILITIES OVER AND
ACROSS LOT 1 OF HEFEL PLACE, IN THE
CITY OF DUBUQUE, IOWA
Whereas, Christopher M. Hefel is the cur-
rent owner of Lot 1 of Hefel Place, in the City
of Dubuque, Dubuque County, Iowa; and
Whereas, an Easement for Water Main
and Sanitary Sewer Utilities over a portion of
Lot 1 of Hefel Place was granted to and ac-
cepted by the City of Dubuque according to
Instrument No. 2019-00002781 and recorded
297 Regular Session August 5, 2019 Book 149
in the office of the Dubuque County Recorder;
and
Whereas, in the Spring of 2019, Christo-
pher Hefel had granted the above said water
main and sanitary sewer utilities easement
over the property based on the original design
alignment for the Marquette Place Sanitary
Sewer and Water Main Reconstruction Project;
and
Whereas, during the course of said recon-
struction project, the water main and sanitary
sewer alignment was revised so as to have
less of an impact on Hefel’s lot improvements,
including a retaining wall and deck; and
Whereas, the property owner has granted
a new utility easement over the revised water
main and sanitary sewer alignment area; and
Whereas, the City is responsible for vacat-
ing the former easement area through the He-
fel property.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The City of Dubuque, intends to
vacate and dispose of its interest in the public
utility easement across a portion of Lot 1 of
Hefel Place in the City of Dubuque, Dubuque
County, Iowa, included in the Grant of Ease-
ment, Instrument No. 2019-00002781, and as
shown on the attached Exhibit A.
Section 2. A public hearing on the intent to
vacate and dispose of City interest in the grant
of water main and sanitary sewer utilities
easement across portions of Lot 1 of Hefel
Place in the City of Dubuque, Dubuque Coun-
ty, Iowa, is hereby set for the 19th day of Au-
gust 2019, at the Historic Federal Building, 350
W. 6th Street, Dubuque, Iowa, beginning at
6:00 p.m., and the City Clerk be and is hereby
authorized and directed to cause a notice of
public hearing on the intent to vacate and dis-
pose of said interest to be published in the
manner as prescribed by law.
Passed, approved and adopted this 5th day
of August 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Westside Water System Fire Hydrant In-
stallation Project: City Manager recommending
initiation of the public bidding procedure for the
Westside Water System Fire Hydrant Installa-
tion Project, and further recommends that a
public hearing be set for August 19, 2019. Up-
on motion the documents were received and
filed and Resolution No. 278-19 Preliminary
approval of plans, specifications, form of con-
tract and estimated cost; setting date of public
hearing on plans, specifications, form of con-
tract, and estimated cost; and ordering the
advertisement for bids was adopted setting a
public hearing for a meeting to commence at
6:00 p.m. on August 19, 2019 in the Historic
Federal Building.
RESOLUTION NO. 278-19
THE WESTSIDE WATER SYSTEM FIRE HY-
DRANT INSTALLATION PROJECT
PRELIMINARY APPROVAL OF PLANS,
SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST; SETTING DATE
OF PUBLIC HEARING ON PLANS, SPECI-
FICATIONS, 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, specifica-
tions, form of contract and estimated cost for
the Westside Water System Fire Hydrant In-
stallation Project in the amount of $234,967,
are hereby preliminarily approved and ordered
filed in the office of the City Clerk for public
inspection.
Section 2. A public hearing will be held on
the 19th day of August 2019, at 6:00 p.m. in the
Historic Federal Building Council Chambers
(second floor) 350 W. 6th Street, Dubuque,
Iowa, at which time interested persons may
appear and be heard for or against the pro-
posed plans and specifications, form of con-
tract and estimated cost of said Project, and
the City Clerk be and is hereby directed to
cause the attached notice of the time and
place of such hearing to be published in a
newspaper having general circulation in the
City of Dubuque, Iowa, which notice shall be
published not less than four days nor more
than twenty days prior to the date of such
hearing. At the hearing, any interested person
may appear and file objections to the proposed
plans, specifications, form of contract, or esti-
mated cost of the Project.
Section 3. The Westside Water System
Fire Hydrant Installation project is hereby or-
dered to be advertised for bids for construc-
tion.
Section 4. The amount of the security to
accompany each bid shall be in an amount
which shall conform to the provisions of the
Notice to Bidders hereby approved.
Section 5. The City Clerk is hereby di-
rected to advertise for sealed bids for the con-
struction of the improvements herein provided,
by publishing the Notice to Bidders to be pub-
lished on the City of Dubuque website and a
contractor plan room service with statewide
circulation, which notice shall be published not
less than thirteen but not more than forty -five
days before the date for filing bids before 2:00
p.m. on the 22nd day of August 2019. Bids
shall be opened and read by the City Clerk at
said time and will be submitted to the City
298 Regular Session August 5, 2019 Book 149
Council for final action at 6:00 p.m. on the 3rd
day of September 2019, in the Historic Federal
Building Council Chambers (second floor), 350
West 6th Street, Dubuque, Iowa.
Passed, adopted and approved this 5th day
of August 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 ap-
pointments will be made at the next City
Council meeting.
1. Housing Trust Fund Advisory Commit-
tee: One, 3-Year term through August 17,
2022 (Expiring term of Walsh). Applicant: Dor-
othy Schwendinger, 3390 Windsor Ave.
Appointment was made to the following Com-
mission.
2. Housing Commission: One, 3-Year term
through August 17, 2022 (Vacant term of Ba-
binat). Applicants: David Wall, 1710 ½ White
St.; Richard Baumhover, 601 Garfield Ave.
Upon roll call vote, Mr. Baumhover was ap-
pointed to the 3-year term through August 17,
2022 (Baumhover = Shaw, Jones, Larson,
Buol, Del Toro. Wall = Resnick, Rios)
PUBLIC HEARINGS
1. Eagle Point Park Environmental Resto-
ration Project Phase 1 - Turf Conversion and
Soil Quality Management: Proof of publication
on notice of public hearing to consider approv-
al of plans, specifications, form of contract,
and estimated cost for the Eagle Point Park
Environmental Restoration Project Phase 1 -
Turf Conversion and Soil Quality Management;
and the City Manager recommending approv-
al. Motion by Larson to receive and file the
documents and adopt Resolution No. 279-19
Approval of plans, specifications, form of con-
tract, and estimated cost for the Eagle Point
Park Environmental Restoration Project
(Phase 1) Turf Conversion and Soil Quality
Restoration (SQR). Seconded by Jones. Lei-
sure Services Manager Marie Ware and Plan-
ning Services Manager Laura Cartsens re-
sponded to questions regarding the possibility
of and timing of controlled burns with native
plant material in the park and preventing soil
erosion. Motion carried 7-0.
RESOLUTION NO. 279-19
APPROVAL OF PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATED
COST FOR THE EAGLE POINT PARK EN-
VIRONMENTAL RESTORATION PROJECT:
(PHASE 1) TURF CONVERSION AND SOIL
QUALITY RESTORATION (SQR)
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
That 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
cost of $300,247.50, are hereby approved.
Passed, approved and adopted this 5th day
of August 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Dupaco Voices, LLC Mutual Easement
Agreement: Proof of publication on notice of
public hearing to consider approval of the dis-
posal of the City’s interest in property related
to Dupaco Voices, LLC (900 Jackson Street)
by Grants of Easements as provided in a Mu-
tual Easement Agreement, and the City Man-
ager recommending approval. Motion by
Jones to receive and file the Documents and
adopt Resolution No. 280-19 Approving the
Mutual Easement Agreement for the Millwork
District and the Grant of Easement between
the City of Dubuque, Iowa (City) and Dupaco
Voices, LLC (Dupaco). Seconded by Resnick.
Motion carried 7-0.
RESOLUTION NO. 280-19
APPROVING THE MUTUAL EASEMENT
AGREEMENT FOR THE MILLWORK DIS-
TRICT AND THE GRANT OF EASEMENTS
BETWEEN THE CITY OF DUBUQUE, IOWA
(CITY) AND DUPACO VOICES, LLC (DUPA-
CO)
Whereas, Dupaco is the owner of a tract of
land known commonly as the Voices Building
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 Encroachments;
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 Encroach-
ments”); and
Whereas, Dupaco desires to grant City an
easement for the City Encroachments; and
299 Regular Session August 5, 2019 Book 149
Whereas, Dupaco and City have tentatively
agreed to the Mutual Easement Agreement
and the Grants of Easements attached hereto
granting to Dupaco an easement for the Dupa-
co Encroachments and granting to City an
easement for the City Encroachments; and
Whereas, pursuant to published notice, a
public hearing was held on the proposed dis-
position on July 15, 2019 at 6:00 p.m. in the
Historic Federal building, 350 W. 6th street,
Dubuque, Iowa.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The City Council approves the
Mutual Easement Agreement and the Grant of
Easements attached hereto granting to Dupa-
co an easement for the Dupaco Encroach-
ments and granting to City an easement for
the City Encroachments.
Section 2. The City Council accepts the
grant to City for the City Encroachments.
Section 3. The Mayor is authorized and di-
rected to sign the Mutual Easement Agree-
ment and the Grant of Easements on behalf of
the City of Dubuque.
Passed, approved and adopted this 5th day
of August 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. Sky Blue Housing Urban Renewal Area:
Proof of publication on notice of public hearing
to consider approval of an Urban Renewal
Plan for the Sky Blue Housing Urban Renewal
Area and the City Manager recommending
approval. Motion by Larson to receive and file
the documents and adopt Resolution No. 281-
19 Approving the Urban Renewal Plan for the
Sky Blue Housing Urban Renewal Area. Se-
conded by Del Toro. Responding to questions
from the City Council, City Attorney Brumwell
stated that an easement has been reserved for
access to a future park. Motion carried 7-0.
RESOLUTION NO. 281-19
APPROVING THE URBAN RENEWAL PLAN
FOR THE SKY BLUE HOUSING URBAN
RENEWAL AREA
Whereas, by Resolution 250-19 approved
on July 1, 2019, the City Council of the City of
Dubuque, Iowa authorized the preparation of
an Urban Renewal Plan (the "Plan") for the
Sky Blue Housing Urban Renewal Area (the
"Area"); and
Whereas, the City of Dubuque's primary
objective for the Plan is to provide public im-
provements related to housing and residential
development and provide housing opportuni-
ties, including assistance for low and moderate
income family housing, which will further eco-
nomic development purposes and objectives
as described in the Plan in the Area; and
Whereas, a consultation process has been
undertaken with affected taxing entities in ac-
cordance with Chapter 403 of the Code of Io-
wa with no written objections or recommended
changes to the Plan received; and
Whereas, the Iowa statutes require the City
Council to submit the proposed Plan to the
City’s Long Range Planning Commission for
review and recommendation as to its conformi-
ty with the general plan for development of the
City as a whole, prior to City Council approval
thereof; and
Whereas, the City Council, in accordance
with Chapter 403 of the Code of Iowa, has
held a public hearing on the proposed Plan.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The Urban Renewal Plan for the
Sky Blue Housing Urban Renewal Area is
hereby approved; that a feasible method exists
for the location of any families who will be dis-
placed from the District into decent, safe and
sanitary dwelling accommodations within their
means and without undue hardship to such
families; and that the Plan conforms to the
general plan of the City as a whole.
Section 2. The Sky Blue Housing Urban
Renewal Area is an economic development
area within the meaning of Iowa Code Chapter
403; that such area is eligible for designation
as an urban renewal area and otherwise
meets all requisites under the provisions of
Chapter 403 of the Code of Iowa; and that the
rehabilitation, conservation, 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 3. The acquisition of land within
the Urban Renewal Area by the City is not
immediately expected, however, as to any
areas of open land to be acquired by the City
included within the Urban Renewal Area, the
Sky Blue Housing Urban Renewal Area is to
be developed for residential uses, and that this
City Council hereby determines that a short-
age of housing of sound standards and design
with decency, safety and sanitation exists with-
in the City; that the acquisition of the area for
residential uses is an integral part of and es-
sential to the program of the municipality; and
that one or more of the following conditions
exist:
a. That the need for housing ac-
commodations has been or will be in-
creased as a result of the clearance of
slums in other areas, including other
portions of the urban renewal area.
b. That conditions of blight in the
municipality and the shortage of de-
cent, safe and sanitary housing cause
or contribute to an increase in and
300 Regular Session August 5, 2019 Book 149
spread of disease and crime, so as to
constitute a menace to the public
health, safety, morals, or welfare.
c. That the provision of public im-
provements related to housing and res-
idential development will encourage
housing and residential development
which is necessary to encourage the
retention or relocation of industrial and
commercial enterprises in this state
and its municipalities.
d. The acquisition of the area is
necessary to provide for the construc-
tion of housing for low and moderate
income families.
Section 4. Notwithstanding any resolution,
ordinance, plan, amendment or any other doc-
ument, the Plan shall be in full force and effect
from the date of this Resolution until the Coun-
cil 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
and the Plan in the office of the Dubuque
County Auditor.
Passed, approved and adopted this 5th day
of August 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
PUBLIC INPUT
Robert Kimble, 2519 Washington St., lead
public input supporting adding funding of the
Dream Center to the City Council’s priorities.
Stacy Hoskins, 1860 North Ct.; Lauren Jones,
2743 Ventura #5; Erica Nelson, 821 Althauser
St.; Savanah Sheffler, 2173 Sunnslope; Gabby
Sullivan, 1426 Wingate; Eric Hillary, 7722 Hwy
52 S.; Sharon Kress, 2527 Hacienda Ct.;
Latoya McCauley, 2219 Washington; Heather
Graham, 2756 Meadowood Dr.; Tom Unsen,
2240 Prince St.; Chad Chandlee, 897 Mt.
Carmel, all spoke in support of the request.
Lisa Johnson of FIDO of Dubuque, 206
Southgate Dr.; and Ray Werner, 259 Greeley
St.; spoke about the pet-friendly community
assessment on the upcoming Action agenda
requesting more space and amenities for pets
and opening more parks to allow pets.
ACTION ITEMS
1. Award Chavenelle Road Hike/Bike Trail
Phase I Project: City Manager recommending
award of the construction contract for the Cha-
venelle Road Hike/Bike Trail Phase I Project to
the low bidder, Midwest Concrete, Inc., subject
to Iowa Department of Transportation approv-
al. Motion by Resnick to receive and file the
documents and adopt Resolution No. 282-19
Awarding public improvement contract for the
Chavenelle Road Hike-Bike Trail - Phase 1
Project Iowa DOT Project No. EDP 2100(695)-
-7Y-31. Seconded by Jones. Motion carried 7-
0.
RESOLUTION NO. 282-19
AWARDING PUBLIC IMPROVEMENT CON-
TRACT FOR THE CHAVENELLE ROAD
HIKE-BIKE TRAIL – PHASE 1 PROJECT
IOWA DOT PROJECT NO. EDP-2100(695)—
7Y-31
Whereas, said sealed proposals were
opened and read by the Iowa Department of
Transportation on the 16th day of July 2019
and it has been determined that Midwest Con-
crete, Inc. of Peosta, IA, with a bid in the
amount of $638,840.15 is the lowest respon-
sive, 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 Midwest Con-
crete, Inc., subject to the concurrence by Iowa
Department of Transportation (Iowa DOT), and
the City Manager is hereby directed to execute
a Public Improvement Contract on behalf of
the City of Dubuque for the Project.
Passed, approved and adopted this this 5th
day of August 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Dubuque Pet-Friendly Community As-
sessment: City Manager transmitting the
Dubuque Pet-Friendly Community Assess-
ment. Motion by Larson to receive and file and
deliberate. Seconded by Shaw. City Council
discussion included comparing pet parks and
amenities with other cities; enforcement of
existing laws by Animal Control Officers; con-
sidering citizens who are not in favor of addi-
tional pet services; allowing the Park and Rec-
reation Advisory Commission to engage their
process for a Council recommendation; and
instituting certain deliverables from the as-
sessment sooner. Responding to questions
from the City Council, City Manager Van Milli-
gen and Health Services Manager Mary Rose
Corrigan stated that an RFP could be devel-
oped in anticipation of the PetData contract
ending and in light of several complaints re-
ceived from pet owners regarding unsatisfacto-
ry service from Pet Data. Motion carried 7-0.
3. Code of Ordinances Amendment - Title
9 Residential Parking Permit Program - Issu-
ance of Parking Permits: City Manager rec-
ommending an amendment to City of Dubuque
Code of Ordinance Section 9-14-321.725(A):
Issuance of Residential Parking Permit that
amends the issuance of residential and guest
parking permits. Motion by Jones to receive
301 Regular Session August 5, 2019 Book 149
and file the documents and that the require-
ment 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. 34-19 Amending
City of Dubuque Code of Ordinances Title 9
Motor Vehicles and Traffic, Chapter 14 Park-
ing, Division 7 Residential Parking Permit Pro-
gram, Section 9-14-321.725 Issuance of Resi-
dential Parking Permits. Seconded by Resnick.
Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 34-19
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 9 MOTOR VEHICLES
AND TRAFFIC, CHAPTER 14 PARKING,
DIVISION 7 RESIDENTIAL PARKING PER-
MIT PROGRAM, SECTION 9-14-321.725 IS-
SUANCE OF RESIDENTIAL PARKING
PERMIT
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 9-14-321.725 of the City
of Dubuque Code of Ordinances is amended
to read as follows:
9-14-321.725: ISSUANCE OF RESIDEN-
TIAL PARKING PERMIT:
A. A residential parking permit shall be
issued upon the applicant's payment of the
annual residential parking permit fee and
submission of a completed residential
parking permit application. A separate
parking permit fee and application is re-
quired for each motor vehicle the applicant
parks curbside within the district.
Not more than four (4) residential park-
ing permits shall be issued to each dwell-
ing unit.
Not more than two (2) guest parking
permits shall be issued to each dwelling
unit within a residential parking permit dis-
trict.
Residential parking permits and guest
parking permits shall be issued for an an-
nual fee established by the City Manager
which shall be used to offset the cost of
operation and administration of the Resi-
dential Parking Permit Program. Permit
fees are not refundable or eligible for pro-
ration.
The owner of a nonresidential building
in a parking permit district which was for-
merly a residential building may apply for
residential parking permits as provided
herein. The number of permits which may
be issued for such nonresidential building
shall be limited to the number of permits
that would have been available when the
building was used for residential purposes.
B. The residential parking permit shall
be permanently affixed to the inside bottom
left corner of the front windshield. Guest
permits shall be prominently displayed.
Vehicles not equipped with a front wind-
shield shall permanently affix the permit in
a prominent location.
C. No residential parking permit shall
be issued for a vehicle whose owner or
principal operator is not a resident in the
designated residential parking permit dis-
trict.
D. The applicant for, and holder of, the
residential parking permit shall be the
owner or principal operator of the vehicle
receiving the parking permit.
E. The users of guest permits shall be
for the primary purpose of visiting the prin-
cipal permit holder's residence and must
be at the premises while the guest permit
is being utilized.
F. No residential parking permit or
guest permit shall be transferred or sold to
another party.
Section 2. This ordinance shall take effect
upon publication.
Passed, approved, and adopted this 5th
day of August 2019.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 9th day of August 2019.
s/Kevin S. Firnstahl, City Clerk
4. Sky Blue Housing Urban Renewal Area
Tax Increment Financing (TIF) District: City
Manager recommending approval of an ordi-
nance creating a Tax Increment Financing
District for the Sky Blue Housing Urban Re-
newal Area. 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 Larson. Motion
carried 6-0 with Jones having stepped out of
the Chambers.
Motion by Larson for final consideration
and passage of Ordinance No. 35-19 Provid-
ing that general property taxes levied and col-
lected each year on all property located within
the Sky Blue Housing Urban Renewal Area, in
the City of Dubuque, County of Dubuque,
State of Iowa, by and for the benefit of the
State of Iowa, City of Dubuque, County of
Dubuque, Dubuque Community School District
and other Taxing Districts, be paid to a special
fund for payment of principal and interest on
loans, monies advanced to and indebtedness,
including Bonds issued or to be issued, in-
curred by said City in connection with said Sky
302 Regular Session August 5, 2019 Book 149
Blue Housing Urban Renewal Area. Seconded
by Del Toro. Motion carried 6-0 with Jones
having stepped out of the Chambers.
OFFICIAL PUBLICATION
ORDINANCE NO. 35-19
PROVIDING THAT GENERAL PROPERTY
TAXES LEVIED AND COLLECTED EACH
YEAR ON ALL PROPERTY LOCATED
WITHIN THE SKY BLUE HOUSING URBAN
RENEWAL AREA, IN THE CITY OF DUBU-
QUE, COUNTY OF DUBUQUE, STATE OF
IOWA, BY AND FOR THE BENEFIT OF THE
STATE OF IOWA, CITY OF DUBUQUE,
COUNTY OF DUBUQUE, DUBUQUE COM-
MUNITY SCHOOL DISTRICT AND OTHER
TAXING DISTRICTS, BE PAID TO A SPE-
CIAL FUND FOR PAYMENT OF PRINCIPAL
AND INTEREST ON LOANS, MONIES AD-
VANCED TO AND INDEBTEDNESS, IN-
CLUDING BONDS ISSUED OR TO BE IS-
SUED, INCURRED BY SAID CITY IN CON-
NECTION WITH SAID SKY BLUE HOUSING
URBAN RENEWAL AREA
Whereas, the City Council of the City of
Dubuque, Iowa, after public notice and hearing
as prescribed by law and pursuant to Resolu-
tion No. 281-19 passed and approved on the
5th day of August 2019, adopted an Urban
Renewal Plan (the "Urban Renewal Plan") for
an urban renewal area known as the Sky Blue
Housing Urban Renewal Area (the "Urban
Renewal Area"); and
Whereas, expenditures and indebtedness
are anticipated to be incurred by the City of
Dubuque, Iowa in the future to finance urban
renewal project activities carried out in further-
ance of the objectives of the Urban Renewal
Plan and the future needs for redevelopment
within the Urban Renewal Area are such as to
require the application of the incremental tax
resources of the Urban Renewal Area; and
Whereas, the City Council of the City of
Dubuque, Iowa desires to provide for the divi-
sion of revenue from taxation in the Urban
Renewal Area, in accordance with the provi-
sions of Section 403.19 of the Code of Iowa,
as amended, and the Urban Renewal Plan.
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. For purposes of this Ordinance,
the following terms have the following mean-
ings:
(a) Urban Renewal Project Area shall in-
clude that area described as follows:
LOT 1 ORCHARD PARK PLACE; AND
LOTS 29 THROUGH 47, INCLUSIVE,
AND LOT D, ALL IN SKY BLUE ESTATES
# 2; AND
LOTS 1 THROUGH 12, INCLUSIVE,
AND LOTS 14 THROUGH 28, INCLU-
SIVE, ALL IN SKY BLUE ESTATES; AND
LOT 1 OF SKY BLUE PLACE; AND
ALL OF LENNY’S PLACE NO. 1; AND
ALL OF LENNY’S PLACE NO. 2; AND
ALL OF LENNY’S PLACE NO. 3; AND
ALL OF LENNY’S PLACE NO. 4; AND
ALL OF LENNY’S PLACE NO. 5; AND
ALL OF LENNY’S PLACE NO. 6; AND
ALL OF LENNY’S PLACE NO. 7; AND
ALL OF LENNY’S PLACE NO. 8; AND
ALL OF LENNY’S PLACE NO. 9; AND
LOTS 1 THROUGH 6, INCLUSIVE, IN
BLOCK 2 OF EAGLE VALLEY SUBDIVI-
SION; AND
LOTS 1 THROUGH 7, INCLUSIVE, OF
EAGLE VALLEY SUBDIVISION NO. 2;
AND
LOTS 10 THROUGH 18, INCLUSIVE, IN
BLOCK 2 OF EAGLE VALLEY SUBDIVI-
SION; AND
LOT 1-19 AND 2-19, IN BLOCK 2 OF
EAGLE VALLEY SUBDIVISION; AND
LOT 1-20 AND 2-20, IN BLOCK 2 OF
EAGLE VALLEY SUBDIVISION; AND
LOTS 21 THROUGH 27, INCLUSIVE, IN
BLOCK 2 OF EAGLE VALLEY SUBDIVI-
SION; AND
LOTS 1 THROUGH 13, INCLUSIVE, IN
BLOCK 3 OF EAGLE VALLEY SUBDIVI-
SION; AND
LOT G OF EAGLE VALLEY SUBDIVI-
SION; AND
LOTS 1 THROUGH 8, INCLUSIVE, IN
BLOCK 4 OF EAGLE VALLEY SUBDIVI-
SION; AND
LOT 1-9 AND 2-9, IN BLOCK 4 OF EA-
GLE VALLEY SUBDIVISION; AND
LOT 1-10 AND 2-10, IN BLOCK 4 OF
EAGLE VALLEY SUBDIVISION; AND
LOTS 11 THROUGH 13, INCLUSIVE, IN
BLOCK 4 OF EAGLE VALLEY SUBDIVI-
SION; AND
LOTS 1 THROUGH 4, INCLUSIVE, IN
BLOCK 5 OF EAGLE VALLEY SUBDIVI-
SION; AND
LOT A IN BLOCK 5 OF EAGLE VALLEY
SUBDIVISION, AND
LOTS 1 THROUGH 20, INCLUSIVE, IN
BLOCK 6 OF EAGLE VALLEY SUBDIVI-
SION; AND
LOT 1-21 AND 2-21, IN BLOCK 6 OF
EAGLE VALLEY SUBDIVISION; AND
LOT 2 OF SWIFT PLACE; AND
LOT 1-1 AND LOT 2-1 SWIFT PLACE;
AND
LOTS 1 THROUGH 5, INCLUSIVE, IN
BLOCK 7 OF EAGLE VALLEY SUBDIVI-
SION; AND
LOT 1-6 AND LOT 2-6, IN BLOCK 7 OF
EAGLE VALLEY SUBDIVISION; AND
LOT 1-7 AND LOT 2-7, IN BLOCK 7 OF
EAGLE VALLEY SUBDIVISION; AND
LOT 1-8 AND LOT 2-8, IN BLOCK 7 OF
EAGLE VALLEY SUBDIVISION; AND
303 Regular Session August 5, 2019 Book 149
LOT 1-9 AND LOT 2-9, IN BLOCK 7 OF
EAGLE VALLEY SUBDIVISION; AND
ALL OF THE RIGHT OF WAY AREA OF
GOLDEN EAGLE DRIVE, EAGLE VALLEY
DRIVE, HARPY EAGLE COURT, STEL-
LAR EAGLE DRIVE, BALD EAGLE
COURT, COBALT COURT, ZEPHYR
DRIVE, AND SKY BLUE DRIVE LYING
EAST OF THE EASTERLY RIGHT OF
WAY LINE OF ROOSEVELT STREET.
ALL IN THE CITY OF DUBUQUE, IOWA
(b) Urban Renewal Plan shall mean the
Urban Renewal Plan for the Sky Blue
Housing Urban Renewal Area, approved
by Resolution No. 281-19 on August 5,
2019, as the same may be amended from
time to time.
Section 2. That the taxes levied on the tax-
able property in the Urban Renewal Project
Area, legally described in Section 1 hereof, by
and for the benefit of the State of Iowa, City of
Dubuque, County of Dubuque, Dubuque
Community School District, and all other taxing
districts from and after the effective date of this
Ordinance shall be divided as hereinafter in
this Ordinance provided.
Section 3. That portion of the taxes which
would be produced by the rate at which the tax
is levied each year by or for each of the taxing
districts upon the total sum of the assessed
value of the taxable property in the Urban Re-
newal Project Area, as shown on the assess-
ment roll as of January 1, 2018, being January
1 of the calendar year preceding the first cal-
endar year in which the City of Dubuque is
expected to certify to the County Auditor the
amount of loans, advances, indebtedness, or
bonds payable from the division of property tax
revenue described herein, shall be allocated to
and when collected be paid into the fund for
the respective taxing district as taxes by or for
the taxing district into which all other property
taxes are paid. The taxes so determined shall
be referred to herein as the "base period tax-
es" for the Urban Renewal Project Area.
Section 4. That portion of the taxes each
year in excess of the base period taxes deter-
mined for the Urban Renewal Project Area as
provided in Section 3 of this Ordinance shall
be allocated to and when collected be paid into
a special tax increment fund of the City of
Dubuque, Iowa hereby established, to pay the
principal of and interest on loans, monies ad-
vanced to, indebtedness, whether funded,
refunded, assumed or otherwise, including
bonds or obligations issued under the authority
of Section 403.9 or 403.12 of the Code of Io-
wa, as amended, incurred by the City of
Dubuque, Iowa, to finance or refinance, in
whole or in part, urban renewal projects under-
taken within the Urban Renewal Area pursuant
to the Urban Renewal Plan, except that (i)
taxes for the regular and voter-approved phys-
ical plant and equipment levy of a school dis-
trict imposed pursuant to Iowa Code Section
298.2 and taxes for the instructional support
program of a school district imposed pursuant
to Iowa Code Section 257.19 (but in each case
only to the extent required under Iowa Code
Section 403.19(2)); (ii) taxes for the payment
of bonds and interest of each taxing district;
(iii) taxes imposed under Iowa Code Section
346.27(22) related to joint county-city build-
ings; and (iv) any other exceptions described
in Section 403.19 shall be collected against all
taxable property within the Urban Renewal
Project Area without any limitation as here-
inabove provided.
Section 5. Unless or until the total as-
sessed valuation of the taxable property in the
Urban Renewal Project Area exceeds the total
assessed value of the taxable property in the
Urban Renewal Project Area as shown by the
assessment rolls referred to in Section 3 of this
Ordinance, all of the taxes levied and collected
upon the taxable property in the Urban Re-
newal Project Area shall be paid into the funds
for the respective taxing districts as taxes by or
for said taxing districts in the same manner as
all other property taxes.
Section 6. At such time as the loans, ad-
vances, indebtedness, bonds and interest
thereon of the City of Dubuque, Iowa referred
to in Section 4 hereof have been paid, all mon-
ies thereafter received from taxes upon the
taxable property in the Urban Renewal Project
Area shall be paid into the funds for the re-
spective taxing districts in the same manner as
taxes on all other property.
Section 7. All ordinances or parts of ordi-
nances in conflict with the provisions of this
Ordinance are hereby repealed. The provi-
sions of this Ordinance are intended and shall
be construed so as to fully implement the divi-
sion of taxes from taxable property in the Ur-
ban Renewal Project Area under the provi-
sions of Section 403.19 of the Code of Iowa. In
the event that any provision of this Ordinance
shall be determined to be contrary to law it
shall not affect other provisions or application
of this Ordinance which shall at all times be
construed to fully invoke the provisions of Sec-
tion 403.19 of the Code of Iowa with reference
to the Urban Renewal Project Area and the
territory contained therein.
Section 8. This Ordinance shall be in effect
after its final passage, approval and publica-
tion as provided by law.
Passed, approved and adopted this 5th day
of August 2019.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
Newspaper on the 9th day of August 2019.
/s/Kevin S. Firnstahl, City Clerk
304 Regular Session August 5, 2019 Book 149
5. REAP Plan Update, City Rep and Grant
application - Eagle Point Park Environmental
Restoration: City Manager recommending ap-
proval of the City of Dubuque’s Fiscal Year
2020 update to the Dubuque County Resource
Enhancement and Protection (REAP) Plan,
affirm City Council Member Kate Larson as the
City representative, and approve a resolution
for the REAP grant application for implement-
ing Phase 3 of the Environmental Restoration
Management Plan in Eagle Point Park . Motion
by Resnick to receive and file the documents,
confirm the appointment of Council Member
Larson as representative, and adopt Resolu-
tion No. 283-19 Authorizing REAP Grant appli-
cation to Iowa Department of Natural Re-
sources for Phase 3 of Eagle Point Park Envi-
ronmental Restoration Management Plan. Se-
conded by Del Toro. Motion carried 7-0.
RESOLUTION NO. 283-19
AUTHORIZING REAP GRANT APPLICA-
TION TO IOWA DEPARTMENT OF NATU-
RAL RESOURCES FOR PHASE 3 OF EA-
GLE POINT PARK ENVIRONMENTAL RES-
TORATION MANAGEMENT PLAN
Whereas, the Iowa Department of Natural
Resources has allocated grant funds from
REAP (Resource Enhancement and Protec-
tion) for projects that help establish natural
areas, encourage outdoor recreation, and en-
hance and protect Iowa’s natural and cultura l
resources; and
Whereas, the City of Dubuque has adopted
the 2017 Environmental Restoration Manage-
ment Plan for Eagle Point Park, and
Whereas, the City of Dubuque has adopted
the 2017 Comprehensive Plan that includes
goals for environmental quality, park improve-
ments, and stormwater management.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The Mayor hereby is authorized
to sign and submit the FY 2020 REAP Grant
application to the Iowa Department of Natural
Resources for Phase 3 of the Eagle Point Park
Environmental Restoration Management Plan
in the amount of $200,000.
Section 2. The City Council hereby pro-
vides its written assurance that the completed
project will be adequately maintained for its
intended use in accordance with state re-
quirements.
Passed, approved and adopted this 5th day
of August 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
6. Airport Master Plan Technical Advisory
Commission: Airport Commission inviting
Mayor Buol (or designee) plus one City Coun-
cil Member to serve on the Airport Master Plan
Technical Advisory Commission. Motion by
Jones to receive and file the document, and
that he will volunteer for the appointment. Se-
conded by Resnick. Motion carried 7-0.
7. Updated Bee Branch Watershed Flood
Mitigation Project Brochure: City Manager
providing a copy of the updated Bee Branch
Watershed Flood Mitigation Project public in-
formation brochure. Motion by Shaw to receive
and file the document. Seconded by Del Toro.
Motion carried 7-0.
8. The Dubuque Recipe to Rebuilding a
City: City Manager providing a copy of "The
Dubuque Recipe to Rebuilding a City" from the
National League of Cities' CitiesSpeak written
by Assistant City Manager Teri Hawks Good-
mann. Motion by Del Toro to receive and file
the document. Seconded by Shaw. Motion
carried 7-0.
9. Greater Dubuque Development Corpo-
ration Annual Report: City Manager transmit-
ting the Greater Dubuque Annual Report for
2018-2019. Motion by Del Toro to receive and
file the document. Seconded by Larson. Mo-
tion carried 7-0.
10. Request for Work Session - Consolida-
tion and Expansion of Urban Revitalization
Districts: City Manager recommending that the
City Council schedule a Work Session for
Tuesday, September 3, 2019 at 5:30 p.m. in
the Council Chambers on the consolidation
and expansion of Urban Revitalization Dis-
tricts. Motion by Shaw to receive and file the
documents and schedule the work session as
recommended. Seconded by Resnick. No
schedule conflicts were noted. Motion carried
7-0.
11. Request for Work Session - Sustaina-
ble Dubuque Quarterly Report: City Manager
recommending that the City Council schedule
a work session on Monday, November 18,
2019 at 5:30 p.m. in the City Council Cham-
bers on the Sustainable Dubuque Quarterly
Report. Motion by Resnick to receive and file
the documents and schedule the work session
as recommended. Seconded by Del Toro. No
schedule conflicts were noted. Motion carried
7-0.
12. Southwest Arterial Construction Update
Video - July 2019: Cable TV Division will show
a video of the recent progress of the South-
west Arterial Project for July 2019. Motion by
Jones to receive and file the information. Se-
conded by Resnick. Motion carried 7-0.
305 Special Session August 12, 2019 Book 149
CLOSED SESSION
Pending Litigation and Real Estate Trans-
fer Negotiations Pursuant to Chapter
21.5(1)(c), -(j) Code of Iowa; and Professional
Evaluation(s) Pursuant to Chapter 21.5(1)(i)
Code of Iowa
Motion by Larson at 7:23 p.m. to convene
in closed session. Seconded by Shaw. 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
Attorney Crenna Brumwell. With two-thirds
majority required, the motion failed 4-3 with
Resnick, Jones, and Buol voting nay.
Motion by Jones to adjourn at 7:24 p.m.
Seconded by Resnick. Motion carried 4-3 with
Rios, Larson and Del Toro voting nay.
/s/Kevin S. Firnstahl, CMC, City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special
session at 3:31 p.m. on August 12, 2019 in the
Grand River Center, 500 Bell St. (Rm. 4)
Present: Mayor Buol; Council Members,
Del Toro, Jones, Larson, Resnick, Rios Shaw;
City Manager Van Milligen, City Attorney
Brumwell
Also present: Assistant City Manager Cori
Burbach, Assistant City Attorney Maureen
Quann, ICMA Fellow Rahim Akramie
Mayor Buol read the call and stated this is
a special session of the City Council called for
the purpose of conducting a closed session
and the annual goal setting session 1 of 3.
CLOSED SESSION
Professional Evaluation(s) – Chapter 21.5(1)(i)
Code of Iowa
Motion by Resnick to convene in closed
session at 3:32 p.m. Seconded by Shaw. Mo-
tion carried 7-0.
For the record that the attorney with whom
the City Council consulted on the issues to be
discussed in the closed session was City At-
torney Crenna Brumwell.
Upon motion, the City Council reconvened
in open session at 5:14 having properly di-
rected staff.
FISCAL YEAR 2021 GOAL SETTING
Session 1 of 3
Facilitator Lyle Sumek of Sumek Associ-
ates reviewed the agenda and working docu-
ments for the three nights of sessions.
The City Council reviewed the following
Sections of the Leadership Guide Working
Document 2019 for changes.
Section 7.
• Are we ready for societal, community,
environmental, and workforce chang-
es?
• Short-term trends
Section 8. Performance Report
• Performance Rating 2018-2019
o Management Perspective
o Vision Statement
306 Special Session August 13, 2019 Book 149
o
• Mission Statement
• Achievements 2018-2019 for the fol-
lowing goals:
o Goal 1. Robust Local Economy:
Diverse, Businesses and Jobs
with Economic Prosperity
o Goal 2. Vibrant Community:
Healthy and Safe
o Goal 3. Livable Neighborhoods
and Housing: Great Place to Live
o Goal 4. Financially Responsible,
High Performance City Organiza-
tion: Sustainable, Equitable and
Effective Service Delivery
o Goal 5. Sustainable Environment:
Preserving and Enhancing Natu-
ral Resources
o Goal 6. Partnership for a Better
Dubuque: Building Our Communi-
ty that is Viable and Equitable
o Goal 7. Diverse Arts, Culture,
Parks and Recreation Experienc-
es and Activities
o Goal 8. Connected Community:
Equitable Transportation, Tech-
nology Infrastructure, and Mobility
• City of Dubuque Success for 2018-
2019
• Board and Commission Successes
2018-2019
Section 9.
• Looking to Dubuque’s Future
• Boards and Commission initiatives
Section 11. Plan 2019-2025
City Council reviewed the objectives for
Goals 1-5 and preliminarily ranked the
challenges/opportunities and actions.
Upon motion the City Council adjourned at
8:42 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special
session at 4:00 p.m. on August 13, 2019 in the
Grand River Center, 500 Bell St.
Present: Mayor Buol; Council Members Del
Toro, Jones, Larson, Resnick, Shaw; City
Manager Van Milligen, City Attorney Brumwell
Absent: Council Member Rios
Also present: Assistant City Manager Cori
Burbach, Assistant City Attorney Maureen
Quann, ICMA Fellow Rahim Akramie
Mayor Buol read the call and stated this is
a special session of the City Council called for
the purpose of conducting the annual goal
setting session 2 of 3.
FISCAL YEAR 2021 GOAL SETTING
(2 of 3)
Facilitator Lyle Sumek, Sumek Associates,
continued review of Section 11 of the Leader-
ship Guide Working Documents with the City
Council. Mr. Sumek confirmed that Council
Member Rios’ rankings had been received via
email.
Section 11. Plan 2019-2025
City Council reviewed Goals 4 and 5 and
then discussed the objectives and preliminarily
ranked the challenges/opportunities and ac-
tions for Goals 6-8.
• Goal 4. Financially Responsible, High
Performance City Organization: Sustain-
able, Equitable and Effective Service De-
livery
• Goal 5. Sustainable Environment: Pre-
serving and Enhancing Natural Re-
sources
• Goal 6. Partnership for a Better Dubu-
que: Building Our Community that is Via-
ble, Liable and Equitable
• Goal 7. Divers Arts, Culture, Parks and
Recreation: Experiences and Activities
• Goal 8. Connected Community: Equitable
Transportation, Technology Infrastruc-
ture, and Mobility
Upon motion the City Council adjourned at
8:17 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk with
Trish L. Gleason, MMC, Assistant City Clerk
307 Special Session August 14, 2019 Book 149
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special
session at 4:09 p.m. on August 14, 2019 in the
Grand River Center, 500 Bell St. (Rm. 4)
Present: Mayor Buol; Council Members Del
Toro, Jones, Larson, Resnick, Rios (via text
messaging), Shaw; City Manager Van Milligen,
City Attorney Brumwell
Also present: Assistant City Manager Cori
Burbach, Assistant City Attorney Maureen
Quann, ICMA Fellow Rahim Akramie
Mayor Buol read the call and stated this is
a special session of the City Council called for
the purpose of conducting the annual goal
setting session 3 of 3.
FISCAL YEAR 2021 GOAL SETTING
(3 of 3)
Facilitator Lyle Sumek, Sumek Associates,
reviewed of Section 12 of the Leadership
Guide Working Documents with the City
Council. Mr. Sumek confirmed that Council
Member Rios’ rankings were being received
via text message. The discussion included
input from the Department Managers’ session
from earlier that day. The City Council dis-
cussed and ranked Goals 1-8 concurring on
the following:
The 2034 Dubuque Vision Statement
Dubuque 2034 is a sustainable and resili-
ent city and an inclusive and equitable com-
munity. Dubuque 2034 has preserved our
Masterpiece on the Mississippi, has a strong
diverse economy and expanding connectivity.
Our residents experience healthy living and
active lifestyles; have choices of quality, livable
neighborhoods; have an abundance of fun
things to do; and are engaged in the communi-
ty.
Mission Statement
Dubuque city government is progressive
and financially sound with residents receiving
value for their tax dollars and achieving goals
through partnerships. Dubuque city govern-
ment’s mission is to deliver excellent municipal
services that support urban living; contribute to
an equitable, sustainable city; plan for the
community’s future; and facilitate access to
critical human services.
City of Dubuque Goals 2024
• Robust Local Economy: Diverse
Businesses and Jobs with Economic
Prosperity
• Vibrant Community: Healthy and Safe
• Livable Neighborhoods and Housing:
Great Place to Live
• Financially Responsible, High-
Performance City Organization: Sus-
tainable, Equitable, and Effective
Service Delivery
• Sustainable Environment: Preserving
and Enhancing Natural Resources
• Partnership for a Better Dubuque:
Building Our Community that is Via-
ble, Livable, and Equitable
• Diverse Arts, Culture, Parks, and
Recreation Experiences and Activities
• Connected Community: Equitable
Transportation, Technology Infra-
structure, and Mobility
Policy Agenda
Policy agenda items are issues that need
direction or a policy decision by the City Coun-
cil or need a major funding decision by the City
Council, or issues that need City Council lead-
ership in the community or with other govern-
mental bodies. The policy agenda is divided
into top priorities and high priorities.
2019 – 2021 Top Priorities (in alphabetical
order):
• Dream Center: Facilities & Programs
• Emerald Ash Borer Program
• Human Resources Policies & Hand-
book Revision
• Imagine Dubuque: Implementation
• Major Street Improvement Plan: Pro-
ject Priority & Funding
• Parking Ramp Maintenance: Funding
2019 – 2021 High Priorities (in alphabetical
order):
• Brain Health Strategy & Action Plan
• Debt Reduction Plan: Re-Affirmation
• Fountain of Youth: Funding
• Four Mounds/HEART Program:
Funding
• Street Maintenance Program: In-
creased Funding
• Transit Vehicle Replacement Funding
Management Agenda
Management agenda items are issues for
which the City Council has set the overall di-
rection and provided initial funding, may re-
quire further City Council action or funding, or
are major management projects that may take
multiple years to implement. The management
308 Regular Session August 19, 2019 Book 149
agenda is divided into top priorities and high
priorities.
2019 – 2021 Management Agenda Top Pri-
orities (in alphabetical order):
• Bee Branch Creek Projects: Next
Steps
• CHANGE Program: True North Hous-
ing Initiative & Bee Branch Healthy
Homes Resiliency Program
• Equitable Poverty Prevention: Action
Plan
• Industrial Park Development
• Leisure Services Facilities Deferred
Maintenance Assessment
• Multi-Tiered Housing Inspection Pro-
gram
• Park Development Projects for Non-
TIF (Tax-Increment Financing), Do-
nated Park Sites: Funding
• Traffic Signal Synchroniza-
tion/STREETS (Smart Traffic Routing
with Efficient and Effective Traffic
Signals): Funding
2019 – 2021 Management Agenda High Pri-
orities (in alphabetical order):
• Citywide Departmental Work Order
System Implementation
• Dubuque Riverfront Master Plan
(Corps of Engineers)
• Innovation & Entrepreneurial Strategy
• School Resource Officer: Implemen-
tation
• Southwest Arterial Business Devel-
opment
• Water & Resource Recovery Center:
Nutrient Trading
CLOSED SESSION
Professional Evaluation(s) – Chapter 21.5(1)(i)
Code of Iowa
Motion by Shaw to convene in closed ses-
sion at 7:59 p.m. to discuss professional eval-
uations pursuant to Chapter 21.5(1)(i) of the
Code of Iowa. Seconded by Del Toro. 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
Attorney Crenna Brumwell.
Upon motion, the City Council reconvened
in open session at 10:04 p.m. stating that staff
had been given proper direction.
There being no further business, upon mo-
tion the City Council adjourned at 10:05 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
SPECIAL
The Dubuque City Council met in regular
session at 6:00 p.m. on August 19, 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; City Manager
Van Milligen, City Attorney Brumwell
Absent: Council Members Rios and Shaw
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. D.A.R.E 2019 Outstanding Instructor
Award: Police Chief Mark Dalsing presented
the D.A.R.E 2019 Outstanding Instructor
Award to School Resource Officer Rick
Fullmer.
CONSENT ITEMS
Motion by Resnick to receive and file the
documents, adopt the resolutions, and dispose
of as indicated. Seconded by Del Toro. Motion
carried 5-0.
1. Minutes and Reports Submitted: City
Council Proceedings of 8/5; Building Code
Board of 7/16; Community Development Advi-
sory Commission of 7/17; Historic Preservation
Fair Committee of 7/18; Human Rights Com-
mission of 7/8; Investment Oversight Advisory
Commission of 7/24; Library Board of Trustees
of 6/27; Resilient Community Advisory Com-
mission of 8/1; Zoning Advisory Commission of
8/7; Zoning Board of Adjustment of 7/25. Upon
motion the documents were received and filed.
2. Notice of Claims and Suits: Susan
Beckman for property damage, Mike and
Jeanne Duggan for property damage, Brian
Feldman for property damage, Bill and Kathy
Miller for property damage; Tiffany Anderson
vs. City of Dubuque et al. Upon motion the
documents were received, filed, and referred
to the City Attorney.
309 Regular Session August 19, 2019 Book 149
3. Disposition of Claims: City Attorney ad-
vising that the following claims have been re-
ferred to Public Entity Risk Services of Iowa,
the agent for the Iowa Communities Assurance
Pool: Susan Beckman for property damage,
Mike and Jeanne Duggan for property dam-
age, Brian Feldman for property damage, Bill
and Kathy Miller for property damage. Upon
motion the documents were received, filed,
and concurred.
4. Approval of City Expenditures: City
Manager recommended City Council approval
for payment of City expenditures. Upon motion
the documents were received and filed, and
Resolution No. 284-19 Authorizing the Finance
Director-City Treasurer to make certain pay-
ments of bills that must be paid and approved
for payment in accordance with City proce-
dures was adopted.
RESOLUTION NO. 284-19
AUTHORIZING THE DIRECTOR OF FI-
NANCE 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 req-
uisitioned for a lawful municipal purpose; and
Whereas, the Finance Director-City Treas-
urer 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 pay-
ment 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 requested
by designated requisitioning authorities in ac-
cordance with approved budget appropria-
tions.
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 19th
day of August 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. RAGBRAI 2020 Letter of Support: Cor-
respondence from Mayor Roy D. Buol support-
ing Dubuque's application to host RAGBRAI
2020. Upon motion the documents were re-
ceived and filed.
6. Greater Dubuque Development Board of
Directors and Executive Committee: Corre-
spondence from the Greater Dubuque Devel-
opment Corporation informing the City Manag-
er that he has been elected to the GDDC De-
velopment Board of Directors and Executive
Committee. Upon motion the documents were
received and filed.
7. AmeriCorps Partner in Learning Grant
Agreement 2019-2020: City Manager recom-
mended approval of an agreement for Ameri-
Corps Partners in Learning Grant Continuation
for Program Year 2019-2020. Upon motion the
documents were received, filed and approved.
8. AmeriCorps Healthy Futures Grant
Agreement Approval 2019-2020: City Manager
recommended approval of an agreement for
AmeriCorps Partners in Learning: Healthy Fu-
tures for Program Year 2019-2020. Upon mo-
tion the documents were received, filed and
approved.
9. Iowa Department of Transportation Traf-
fic Safety Improvement Program for STREETS
Equipment Grant Application: City Manager
recommended authorization for the City of
Dubuque to submit an application in partner-
ship with Dubuque Metropolitan Area Trans-
portation Study for an Iowa Department of
Transportation Traffic Safety Improvement
Program to assist with funding Smart Traffic
Routing with Efficient and Effective Traffic Sig-
nals (STREETS) improvements. Upon motion
the documents were received and filed, and
Resolution No. 285-19 Approving the Iowa
Department of Transportation Agreement for
Traffic Safety Improvement Program Funding
for Phase I of Smart Traffic Routing with Effi-
cient and Effective Traffic Signals (STREETS)
Project was adopted.
310 Regular Session August 19, 2019 Book 149
RESOLUTION NO. 285-19
APPROVING THE IOWA DEPARTMENT OF
TRANSPORTATION AGREEMENT FOR
TRAFFIC SAFETY IMPROVEMENT PRO-
GRAM FUNDING FOR PHASE I OF SMART
TRAFFIC ROUTING WITH EFFICIENT AND
EFFECTIVE TRAFFIC SIGNALS (STREETS)
PROJECT
Whereas, the increasing growth of traffic
volumes along Dubuque’s major street corri-
dors, along with operational and safety con-
cerns through these corridors the City of
Dubuque could be improve these conditions
with the STREETS project; and
Whereas, the City of Dubuque has deter-
mined that improvements to these corridors
and associated traffic control equipment and
infrastructure, as detailed in the STREETS
project, will improve traffic flow; and
Whereas, the total cost for these improve-
ments for Phase I is $3.36 million. The Traffic
Safety Improvement Funding Program will
fund $200,000 for this project.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, THAT:
Section 1. Said Traffic Safety Improvement
Program Funding in the City of Dubuque for
the Phase I of STREETS project is hereby
approved.
Section 2. The Mayor be authorized and di-
rected to execute two copies of said Agree-
ment for Traffic Safety Improvement Program
Funding in the City of Dubuque for Phase I of
STREETS project.
Passed, approved, and adopted this 19th
day of August 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
10. Addendum to the Administrative Ser-
vices Agreement between the City of Dubuque
and RxBenefits, Inc.: City Manager recom-
mended approval of an addendum to the Ad-
ministrative Services Agreement between the
City of Dubuque and RxBenefits, Inc. that es-
tablishes the prescription drug plan rebates
and discounts effective January 1, 2019. Upon
motion the documents were received, filed and
approved.
11. Amendment to the Collective Bargain-
ing Agreement between the City and the Inter-
national Union of Operating Engineers, Local
#234: City Manager recommended approval of
an Amendment to the Collective Bargaining
Agreement with the International Union of Op-
erating Engineers, Local #234, effective Octo-
ber 1, 2019 through September 30, 2020. Up-
on motion the documents were received, filed
and approved.
12. Restrictive Covenant for 445 Loras
Boulevard: City Manager recommended ap-
proval of a resolution attaching a 21-year, sin-
gle-family-occupancy, restrictive covenant to
445 Loras Boulevard. Upon motion the docu-
ments were received and filed, and Resolution
No. 286-19 Attaching Single-Family Occupan-
cy Restrictive Covenant to 445 Loras Boule-
vard, Dubuque, Iowa was adopted.
RESOLUTION NO. 286-19
ATTACHING SINGLE FAMILY OCCUPANCY
RESTRICTIVE COVENANT TO 445 LORAS
BOULEVARD, DUBUQUE, IA
Whereas, the City desires to attach restric-
tive covenants to 445 Loras Boulevard prior to
disposal of said property; and
Whereas, said property will be disposed of
by the City and the City desires said property
to be owner-occupied for a period of twenty-
one (21) years after the sale.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of
Dubuque approves the restrictive covenants
for 445 Loras Boulevard, legally described as:
Lot 5 of the Subdivision of Out Lot 667
in the City of Dubuque, Iowa, according
to the recorded plat thereof.
Section 2. The Mayor is hereby authorized
and directed to sign this Resolution and the
Restrictive Covenant for the above-described
real estate.
Section 3. The City is Clerk is hereby au-
thorized and directed to provide a certified
copy of this Resolution to the City Attorney’s
Office for recording in the Office of the Dubu-
que County Recorder.
Passed, approved, and adopted this 19th
day of August 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
13. Chaplain Schmitt Veteran's Memorial
Project - Rejection of Bids: City Manager rec-
ommended rejection of the bids received for
the Chaplain Schmitt Veterans Memorial Pro-
ject due to all three bids being substantially
over the estimated construction cost. Upon
motion the documents were received and filed,
and Resolution No. 287-19 Rejecting competi-
tive bid proposals received for the Chaplain
Schmitt Veteran's Memorial Project was
adopted.
RESOLUTION NO. 287-19
REJECTING COMPETITIVE BID PRO-
POSALS RECEIVED FOR THE CHAPLAIN
SCHMITT VETERAN’S MEMORIAL PRO-
JECT
Whereas, three (3) competitive sealed bid
proposal was submitted by three (3) contrac-
311 Regular Session August 19, 2019 Book 149
tors for the Chaplain Schmitt Veterans Memo-
rial Project (the Project) pursuant to Resolution
No. 247-19 and a Notice to Bidders published
the City of Dubuque Website
www.cityofdubuque.org/bids, Master Builders
of Iowa Plan Room mbiplanroom-
dsm@mbionline.com and posted to the Master
Builders Construction Update Network on the
2nd day of July 2019; and
Whereas, the three (3) competitive sealed
bid proposal were opened and read on the 1 st
day of August 2019; and
Whereas, the City Council has deemed it
advisable to reject the three (3) competitive
sealed bid proposals for the Project.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The three (3) competitive sealed
bid proposals for the Chaplain Schmitt Veter-
ans Memorial Project are hereby rejected.
Section 2. The City Clerk is authorized and
instructed to return the bid deposit of the un-
successful bidders for the Chaplain Schmitt
Veterans Memorial Project.
Passed, approved, and adopted this 19th
day of August 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
14. Acceptance of 2019 Asphalt Overlay
Ramp Project One: City Manager recom-
mended acceptance of the construction con-
tract for the 2019 Asphalt Overlay Access
Ramp Project One as completed by Drew
Cook & Sons Excavating Co. Inc. Upon motion
the documents were received and filed, and
Resolution No. 288-19 Accepting the 2019
Asphalt Overlay Access Ramp Project one and
authorizing the final payment to the contracto r
was adopted.
RESOLUTION NO. 288-19
ACCEPTING THE 2019 ASPHALT OVERLAY
ACCESS RAMP PROJECT ONE AND AU-
THORIZING THE FINAL PAYMENT TO THE
CONTRACTOR
Whereas, the public improvement contract
for the 2019 Asphalt Overlay Access Ramp
Project One, (the Project) has been completed
by the Contractor, Drew Cook & Sons Exca-
vating Co. Inc. (Contractor), and the City Engi-
neer has examined the work and signed a
certificate stating that the Project has been
completed according to the terms of the Public
Improvement Contract and that the City Engi-
neer recommends that the Project be accept-
ed; and
Whereas, the final contract amount for the
Project is $141,684.93; and
Whereas, the Contractor has previously
been paid $134,600.68, leaving a balance of
$7,084.25; and
Whereas, the City Council finds that the
recommendation of the City Engineer should
be accepted.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City
Engineer is approved, and the Project is here-
by accepted.
Section 2. The Finance Director is hereby
directed to pay to the Contractor from the Curb
Ramp Program CIP appropriations for the con-
tract amount of $141,684.93 less any retained
percentage provided for therein as provided in
Iowa Code.
Section 3. The Finance Director is hereby
directed to pay to the Contractor the balance
of the retainage of $7,084.25 as provided in
Iowa Code chapter 573, and to pay such re-
tainage in accordance with the provisions of
Iowa Code chapter 573 or Iowa Code chapter
26.13.
Passed, approved and adopted this 19th
day of August 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, CMC City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL
COMPLETION OF 2019 ASPHALT OVER-
LAY ACCESS RAMP PROJECT ONE
The undersigned City Engineer of the City
of Dubuque, Iowa, hereby certifies that he has
inspected the 2019 Asphalt Overlay Access
Ramp Project One, and that said Project has
been performed in compliance with the terms
of the Public Improvement Contract, and that
the total cost of the completed work is
$162,937.67.
Dated this 15th day of August 2019.
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 15 th
day of August 2019.
/s/Kevin S. Firnstahl, City Clerk
15. Acceptance of 2019 Asphalt Overlay
Ramp Project Two: City Manager recom-
mended acceptance of the construction con-
tract for the 2019 Asphalt Overlay Access
Ramp Project Two, as completed by Midwest
Concrete, Inc. Upon motion the documents
were received and filed, and Resolution No.
289-19 Accepting the 2019 Asphalt Overlay
Access Ramp Project Two and authorizing the
final payment to the contractor was adopted.
RESOLUTION NO. 289-19
ACCEPTING THE 2019 ASPHALT OVERLAY
ACCESS RAMP PROJECT TWO AND AU-
THORIZING THE FINAL PAYMENT TO THE
CONTRACTOR
Whereas, the public improvement contract
for the 2019 Asphalt Overlay Access Ramp
Project Two, (the Project) has been completed
312 Regular Session August 19, 2019 Book 149
by the Contractor, Midwest Concrete, Inc.
(Contractor), and the City Engineer has exam-
ined the work and signed a certificate stating
that the Project has been completed according
to the terms of the Public Improvement Con-
tract and that the City Engineer recommends
that the Project be accepted; and
Whereas, the final contract amount for the
Project is $131,102.45; and
Whereas, the Contractor has previously
been paid $124,547.33, leaving a balance of
$6,555.12; and
Whereas, the City Council finds that the
recommendation of the City Engineer should
be accepted.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City
Engineer is approved, and the Project is here-
by accepted.
Section 2. The Finance Director is hereby
directed to pay to the Contractor from the Curb
Ramp Program CIP appropriations for the con-
tract amount of $131,102.45 less any retained
percentage provided for therein as provided in
Iowa Code.
Section 3. The Finance Director is hereby
directed to pay to the Contractor the balance
of the retainage of $6,555.12 as provided in
Iowa Code Chapter 573, and to pay such re-
tainage in accordance with the provisions of
Iowa Code Chapter 573 or Iowa Code Chapter
26.13.
Passed, approved and adopted this 19th
day of August 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL
COMPLETION OF 2019 ASPHALT OVER-
LAY ACCESS RAMP PROJECT TWO
The undersigned City Engineer of the City
of Dubuque, Iowa, hereby certifies that he has
inspected the 2019 Asphalt Overlay Access
Ramp Project Two, and that said Project has
been performed in compliance with the terms
of the Public Improvement Contract, and that
the total cost of the completed work is
$150,767.82.
Dated this 15th day of August 2019.
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 15th
day of August 2019.
/s/Kevin S. Firnstahl, City Clerk
16. Acceptance of 2019 Asphalt Overlay
Ramp Project Three: City Manager recom-
mended acceptance of the construction con-
tract for the 2019 Asphalt Overlay Access
Ramp Project Three, as completed by Midwest
Concrete, Inc. Upon motion the documents
were received and filed, and Resolution No.
290-19 Accepting the 2019 Asphalt Overlay
Access Ramp Project Three and authorizing
the final payment to the contractor was adopt-
ed.
RESOLUTION NO. 290-19
ACCEPTING THE 2019 ASPHALT OVERLAY
ACCESS RAMP PROJECT THREE AND
AUTHORIZING THE FINAL PAYMENT TO
THE CONTRACTOR
Whereas, the public improvement contract
for the 2019 Asphalt Overlay Access Ramp
Project Three, (the Project) has been complet-
ed by the Contractor, Midwest Concrete, Inc.
(Contractor), and the City Engineer has exam-
ined the work and signed a certificate stating
that the Project has been completed according
to the terms of the Public Improvement Con-
tract and that the City Engineer recommends
that the Project be accepted; and
Whereas, the final contract amount for the
Project is $132,154.55; and
Whereas, the Contractor has previously
been paid $125,546.82, leaving a balance of
$6,607.73; and
Whereas, the City Council finds that the
recommendation of the City Engineer should
be accepted.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City
Engineer is approved, and the Project is here-
by accepted.
Section 2. The Finance Director is hereby
directed to pay to the Contractor from the Curb
Ramp Program CIP appropriations for the con-
tract amount of $132,154.55 less any retained
percentage provided for therein as provided in
Iowa Code.
Section 3. The Finance Director is hereby
directed to pay to the Contractor the balance
of the retainage of $6,607.73 as provided in
Iowa Code chapter 573, and to pay such re-
tainage in accordance with the provisions of
Iowa Code chapter 573 or Iowa Code chapter
26.13.
Passed, approved and adopted this 19th
day of August 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL
COMPLETION OF 2019 ASPHALT OVER-
LAY ACCESS RAMP PROJECT THREE
The undersigned City Engineer of the City
of Dubuque, Iowa, hereby certifies that he has
inspected the 2019 Asphalt Overlay Access
Ramp Project Three, and that said Project has
been performed in compliance with the terms
of the Public Improvement Contract, and that
the total cost of the completed work is
$145,370.01.
313 Regular Session August 19, 2019 Book 149
Dated this 15th day of August 2019.
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 15 th
day of August 2019.
/s/Kevin S. Firnstahl, City Clerk
17. 2019 Voluntary Sidewalk Repairs As-
sessments Needham Place (5th to 7th Streets):
City Manager recommended approval of a
resolution to establish the Final Assessment
Schedule for the 2019 Voluntary Sidewalk
Repairs Assessments for Needham Place, 5th
Street to 7th Street. Upon motion the docu-
ments were received and filed, and Resolution
No. 291-19 Adopting the Final Assessment
Schedule for Voluntary Assessment Project on
Needham Place Sidewalks - 5th Street to 7th
Street was adopted.
RESOLUTION NO. 291-19
ADOPTING THE FINAL ASSESSMENT
SCHEDULE FOR VOLUNTARY ASSESS-
MENT PROJECT ON NEEDHAM PLACE
SIDEWALKS 5TH STREET TO 7TH STREET
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
After full consideration, the Final Schedule
of Assessments as shown on the attached
sheet(s), Page 1 to Page 1 inclusive; is hereby
approved for the Voluntary Sidewalk Assess-
ment Project on Needham Place.
There is hereby assessed and levied as a
special tax against and upon each of the bene-
fited properties, the respective sums indicated.
The amounts shown in said Final Schedule of
Assessments as deficiencies are found to be
proper and levied conditionally against the
respective properties benefited by the im-
provements as shown in the Final Schedule of
Assessments, subject to the provisions of Iowa
Code § 364.12. Said assessments against
said lots are hereby declared to be in pro por-
tion to the special benefits conferred and not in
excess of twenty-five percent of the value of
same.
The City Clerk be and is hereby directed to
certify the Final Schedule of Assessments to
the County Treasurer of Dubuque County,
Iowa, and to publish notice of said certification
once each week for two consecutive weeks in
the manner provided in Iowa Code § 362.3,
the first publication of which shall be not more
than fifteen days from the date of filing of the
Final Schedule of Assessments. On or before
the date of the second publication of the no-
tice, the City Clerk shall also mail a copy of
said notice to property owners whose property
is subject to assessment, as provided in Iowa
Code § 384.60.
The assessments may be paid in full or in
part without interest at the office of the City
Treasurer, City Hall, 50 W. 13th Street, Dubu-
que, Iowa, at any time within 30 days after the
date of the first notice of the Final Schedule of
Assessments. Thereafter, unpaid assessments
of $500.00 or more are payable in 15 annual
installments at the County Treasurer’s Office,
Dubuque County Courthouse, 720 Central
Avenue, Dubuque, Iowa, and will draw annual
interest at three percent (3%) computed to
December 1 next following the due dates of
the respective installments as provided in Sec-
tion 384.65 of the Code of Iowa. Each install-
ment will be delinquent from October 1 follow-
ing its due date on July 1 of each year. How-
ever, when the last day of September is a Sat-
urday or Sunday, that amount shall be delin-
quent from the second business day of Octo-
ber. Unpaid balances will draw the same de-
linquent interest as ordinary taxes.
Passed, approved and adopted this 19th
day of August 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Schedule of Assessments for Voluntary
Assessment Project on Needham Place
Sidewalks 5th Street to 7th Street
Parcel Number; Property Owner Name Lot
Description; Street Address; Total Net As-
sessment
1025136010; Nicole L. Depaul & Rodney
A. Ratzlaff; S 125' of Lot 1 in Coriell's Dubu-
que; 597 W. 5th Street; $933.54
1025136005; Miles H. Greenwood; N 61' of
Lots 1 & 2 in Coriell's Dubuque; 598 Needham
Pl.; $500.26
18. Acceptance of Sanitary Sewer Im-
provements across Cedar Ridge Farm Place
No. 16: City Manager recommended ac-
ceptance of the public improvements, including
sanitary sewer and appurtenances, that the
developer, Nemmers Cedar Ridge Farm Lim-
ited Partnership, has recently completed
across Part of Lot 1 in Cedar Ridge Farm
Place No. 16. Upon motion the documents
were received and filed, and Resolution No.
292-19 Accepting Public Sanitary Sewer Im-
provements Across Part of Lot 1 of Cedar
Ridge Farm Place No. 16 in the City of Dubu-
que, Iowa was adopted.
RESOLUTION NO. 292-19
ACCEPTING PUBLIC SANITARY SEWER
IMPROVEMENTS ACROSS PART OF LOT 1
OF CEDAR RIDGE FARM PLACE NO. 16, IN
THE CITY OF DUBUQUE, IOWA
Whereas, pursuant to Sanitary Sewer
Construction Agreement dated December 28,
2018, a copy of which is attached hereto, cer-
tain public improvements including sanitary
sewer and appurtenances, were installed by
Nemmers Cedar Ridge Farm Limited Partner-
ship; and
314 Regular Session August 19, 2019 Book 149
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 accord-
ance with the plans approved by the City
Council and in conformance with City specifi-
cations, and has recommended that the im-
provements be accepted by the City Council.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the recommendation of the
City Manager be approved and that said public
improvements across Part of Lot 1 in Cedar
Ridge Farm Place No. 16 in the City of Dubu-
que, be and the same is hereby accepted.
Section 2. That a maintenance guarantee
covering said public improvements shall be
provided by the owners, Nemmers Cedar
Ridge Farm Limited Partnership, for a period
of two (2) years from the date of this resolu-
tion.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
19. Acceptance of Storm Water Detention
Facility Improvements in Pebble Cove Subdi-
vision: City Manager recommended ac-
ceptance of the public storm water detention
facility improvements that the developer, Ki-
vlahan Farms L.C., has recently completed in
Pebble Cove Subdivision Phase 1. Upon mo-
tion the documents were received and filed,
and Resolution No. 293-19 Accepting Public
Storm Water Detention Facility Improvements
in Pebble Cove Subdivision (Phase 1), in the
City of Dubuque, Iowa was adopted.
RESOLUTION NO. 293-19
ACCEPTING PUBLIC STORM WATER DE-
TENTION FACILITY IMPROVEMENTS IN
PEBBLE COVE SUBDIVISION (PHASE 1), IN
THE CITY OF DUBUQUE, IOWA
Whereas, pursuant to Resolution 171-08,
certain public storm water detention facility
improvements were installed by the developer
of Pebble Cove Subdivision (Phase 1) 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 accord-
ance with the plans approved by the City
Council and in conformance with City specifi-
cations, and has recommended that the im-
provements be accepted by the City Council.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the recommendation of the
City Manager be approved and that said public
storm water detention facility improvements in
Pebble Cove Subdivision (Phase 1) be and the
same is hereby accepted.
Passed, approved, and adopted this 19th
day of August 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
20. Acceptance of the Dubuque Skate Park
Project: City Manager recommended ac-
ceptance of the Dubuque Skate Park Project,
as completed by Drew Cook and Sons Exca-
vating, Inc. Upon motion the documents were
received and filed, and Resolution No. 294-19
Accepting the Dubuque Skate Park Project
and authorizing the payment of the contract
amount to the contractor was adopted.
RESOLUTION NO. 294-19
ACCEPTING THE DUBUQUE SKATE PARK
PROJECT AND AUTHORIZING THE PAY-
MENT OF THE CONTRACT AMOUNT TO
THE CONTRACTOR
Whereas, the Public Improvement Contract
for the Dubuque Skate Park Project (the Pro-
ject) has been completed by the contractor
and Pillar Design Studios has examined the
work and filed a certificate stating that the Pro-
ject has been completed according to the
terms of the Public Improvement Contract and
that the Pillar Design Studios recommends
that the Project be accepted.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the Pil-
lar Design Studios is approved, and the Pro-
ject is hereby accepted.
Section 2. The Finance Director is hereby
directed to pay to the Contractor from the
Dubuque Skate Park Project capital improve-
ment appropriation for the contract amount of
$731,899.95 less any retained percentage
provided for therein as provided in Iowa Code
Chapter 573, and to pay such retainage only in
accordance with the provisions of Iowa Code
Chapter 573.
Passed, adopted, and approved this 19th
day of August 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
21. Acceptance East Blum Deconstruction
Project: City Manager recommended ac-
ceptance of the public improvement contract
for the Building Deconstruction Project at the
East Blum Site as completed by S&S Builders.
Upon motion the documents were received
and filed, and Resolution No. 295-19 Accept-
ing the East Blum Site Building Deconstruction
Project was adopted.
315 Regular Session August 19, 2019 Book 149
RESOLUTION NO. 295-19
ACCEPTING THE EAST BLUM SITE BUILD-
ING DECONSTRUCTION PROJECT
Whereas, the Public Improvement contract
for the East Blum Site Building Deconstruction
Project, (the Project) has been completed by
the Contractor, S&S Builders (Contractor), the
City Project Manager has examined the work
and recommends that the Project be accepted;
and
Whereas, the final contract amount for the
Project is $18,000.00; and
Whereas, the Contractor has previously
been paid $17,100.00, leaving a balance of
$900.00; and
Whereas, the City Council finds that the
recommendation of the City Engineer should
be accepted.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City
Engineer is approved, and the Project is here-
by accepted.
Section 2. The Finance Director is hereby
directed to pay to the Contractor the balance
of the retainage of $900.00 as provided in Io-
wa Code Chapter 573, and to pay such re-
tainage in accordance with the provisions of
Iowa Code Chapter 573.
Passed, approved, and adopted this 19th
day of August 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL
COMPLETION OF THE EAST BLUM SITE
BUILDING DECONSTRUCTION PROJECT
The undersigned City Engineer of the City
of Dubuque, Iowa, hereby certifies that he has
inspected the East Blum Site Building Decon-
struction Project, and the said Project has
been performed in compliance with the terms
of the Public Improvement Contract, and that
the total cost of the completed work is
$18,000.00.
Dated this 14th day of August 2019
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk in the 14th
day of August 2019.
/s/Kevin S. Firnstahl, CMC, City Clerk
22. Acceptance of the Orchard Drive Water
Main Extension Project: City Manager recom-
mended acceptance of the construction con-
tract for the Orchard Drive Water Main Exten-
sion Project, as completed by Drew Cook &
Sons Excavating Company, Inc. Upon motion
the documents were received and filed, and
Resolution No. 296-19 Accepting the Orchard
Drive Water Main Extension Project and au-
thorizing the final payment to the contractor
was adopted.
RESOLUTION NO. 296-19
ACCEPTING THE ORCHARD DRIVE WA-
TER MAIN EXTENSION PROJECT AND AU-
THORIZING THE FINAL PAYMENT TO THE
CONTRACTOR
Whereas, the public improvement contract
for the Orchard Drive Water Main Extension
Project, (the Project) has been completed by
the Contractor, Drew Cook & Sons Excavating
Company, Inc. (Contractor), and the City Engi-
neer has examined the work and signed a
certificate stating that the Project has been
completed according to the terms of the Public
Improvement Contract and that the City Engi-
neer recommends that the Project be accept-
ed; and
Whereas, the final contract amount for the
Project is $29,083.35; and
Whereas, the Contractor has previously
been paid $27,629.18, leaving a balance of
$1,454.17; and
Whereas, the City Council finds that the
recommendation of the City Engineer should
be accepted.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City
Engineer is approved, and the Project is here-
by accepted.
Section 2. The Finance Director is hereby
directed to pay to the Contractor from the
Roosevelt Water Main Extension CIP appro-
priations for the contract amount of $33,445.85
less any retained percentage provided for
therein as provided in Iowa Code.
Section 3. The Finance Director is hereby
directed to pay to the Contractor the balance
of the retainage of $1,454.17 as provided in
Iowa Code chapter 573, and to pay such re-
tainage in accordance with the provisions of
Iowa Code chapter 573 or Iowa Code chapter
26.13.
Passed, approved and adopted this 19th
day of August 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL
COMPLETION OF ORCHARD DRIVE WA-
TER MAIN EXTENSION PROJECT
The undersigned City Engineer of the City
of Dubuque, Iowa, hereby certifies that he has
inspected the Orchard Drive Water Main Ex-
tension Project, and that said Project has been
performed in compliance with the terms of the
Public Improvement Contract, and that the
total cost of the completed work is $33,445.85.
Dated this 15th day of August 2019.
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 15th
day of August 2019.
/s/Kevin S. Firnstahl, City Clerk
316 Regular Session August 19, 2019 Book 149
23. Recording the Award for the Van Buren
Street Energy Dissipator Project: City Manager
recommended that the award for the Van Bu-
ren Street Energy Dissipator 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.
24. Recording the Award for the Hillcrest
Road / Rosemont Street Storm Sewer Recon-
struction Project: City Manager recommended
that the award for the Hillcrest Road / Rose-
mont Street Storm Sewer Reconstruction Pro-
ject to Temperly Excavating, Inc., be officially
recorded in the minutes of the City Council.
Upon motion the documents were received,
filed and made a Matter of Record.
25. Signed Contracts: Blackstone Envi-
ronmental (2) for environmental support ser-
vices and Chromium VI Data Review at the
Water Treatment Plant; Dubuque County
Lease Agreement for Federal Building space;
Eastern Iowa Asphalt Maintenance, Inc. for
resurfacing/restriping 6 surface lots; Kone Ele-
vator Maintenance Renewal Agreement;
563Design Amendment No. 3 for Multicultural
Family Center; IIW Professional Services In-
spection Contract for Roosevelt Street Water
Tower Project; James Orr Coating Inspection,
LLC for Roosevelt St. Water Tower Technical
Coating Inspection Services; Racom 800Mhz
Radio Agreement. Upon motion the docu-
ments were received and filed.
26. Alcohol and Tobacco License Applica-
tions: City Manager recommended approval of
annual liquor, beer, wine and tobacco license
applications as submitted. Upon motion the
documents were received and filed, and Reso-
lution No. 297-19 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; and Resolution No.
298-19 Approving applications for retail ciga-
rette/tobacco sales/nicotine/vapor permits, as
required by Iowa Code Chapter 453A.47A
were adopted.
RESOLUTION NO. 297-19
APPROVING APPLICATIONS FOR BEER,
LIQUOR, AND/OR WINE PERMITS, AS RE-
QUIRED BY CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 4 BUSINESS AND LI-
CENSE REGULATIONS, CHAPTER 2 LIQ-
UOR CONTROL, ARTICLE B LIQUOR,
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 re-
quirements 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 author-
ized and directed to cause to be issued the
noted permit types to the following applicants
pending submission of the locally required
documentation:
Renewals
Holy Spirit Church, Dubuque, 2981 Central
Ave., Class C Beer, Class B Native Wine
(Sunday)
Hy-Vee #1 Market Cafe, 3500 Dodge St.,
Class C Liquor (Catering)(Sunday)
Kwik Stop Food Mart, 2255 Kerper Blvd.,
Class C Beer, Class B Native Wine (Sunday)
Mystique Community Ice Center, 1800 Admiral
Sheehey Dr., Class C Liquor, Class B Native
Wine (Outdoor) (Sunday)
Pete's Thai Kitchen, 609 East 22nd St., Class
C Liquor (Sunday)
Sid's Beverage Store, 2727 Dodge St., Class
E Liquor, Class B Wine, Class C Beer (Sun-
day)
Super stop III, 1101 Rhomberg Ave., Class E
Liquor, Class B Wine, Class C Beer (Sun-
day)
Texas Roadhouse, 845 Wacker Dr., Class C
Liquor (Catering) (Outdoor) (Sunday)
Tri-State Independent Blind Society, 1068 Ce-
dar Cross Rd., Special Class C Liquor
West Dubuque Tap, 1701 Asbury Rd., Class C
Liquor (Sunday)
New
Driftless Catering, 168 E 10th St., Class C
Liquor (Sunday)
Charlotte’s Coffee House, 1104 White St.,
Special Class C Liquor, Class B Wine (Out-
door) (Sunday)
Special Event(s) per Special Event Application
Submittal
Dubuque Main Street 8-23, Caradco Court-
yard, Special Class C Liquor (Outdoor)
Camp Albrecht Acres 9-17, AY McDonald
Park, Special Class C Liquor (Outdoor)
Hilton Garden Inn 8-23 and 9-20 Events, 1801
and 1855
Greyhound Park Dr., Adding outdoor
Evans Wedding 9-11, Eagle Point Park Shel-
ter, Class C Liquor (Outdoor)
Passed, approved, and adopted this 19th
day of August 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
317 Regular Session August 19, 2019 Book 149
RESOLUTION NO. 289-19
APPROVING APPLICATIONS FOR RETAIL
CIGARETTE / TOBACCO SALES / NICO-
TINE / VAPOR PERMITS, AS REQUIRED BY
IOWA CODE 453A.47A
Whereas, applications for Cigarette / To-
bacco Sales have been submitted and filed
with the City Council for approval and the
same have been examined and approved; and
Whereas, the premises to be occupied by
such applicants were inspected and found to
comply with the Ordinances of the City and the
applicants have filed the proper fees and oth-
erwise 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 di-
rected to cause to be issued the following
named applicants and locations for ciga-
rette/tobacco sales permit.
Business Name, Business Address
Central Grocery and Beauty, Inc., 1572 Cen-
tral Ave.
Passed, approved, and adopted this 19th
day of August, 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
ITEMS SET FOR PUBLIC HEARING
Motion by Resnick to receive and file the
documents, adopt the resolutions, set the pub-
lic hearings as indicated, and direct the City
Clerk to publish notice as prescribed by law.
Seconded by Jones. Motion carried 5-0.
1. Vacate Public Utility Easements for Pa-
dre Pio Health Care Center, Inc. (Stone Hill):
City Manager recommended that the City
Council set a public hearing for September 3,
2019 on the disposal of the City’s interest in a
Public Utility Easement of Stone Hill Communi-
ty Subdivision. Upon motion the documents
were received and filed, and Resolution No.
299-91 Resolution of Intent to vacate and dis-
pose of City interest in a Public Utility Ease-
ment over and across Lot 1-1-3 of Stone Hill
Community Subdivision #1, in the City of
Dubuque, Iowa was adopted, setting a public
hearing for a meeting to commence at 6:00
p.m. on September 3, 2019 in the Historic
Federal Building.
RESOLUTION NO. 299-19
RESOLUTION OF INTENT TO VACATE AND
DISPOSE OF CITY INTEREST IN A PUBLIC
UTILITY EASEMENT OVER AND ACROSS
LOT 1-1-3 OF STONE HILL COMMUNITY
SUBDIVISION # 1, IN THE CITY OF DUBU-
QUE, IOWA
Whereas, Padre Pio Health Care Center
Inc. is the current owner of Lot 1-1-3 of Stone
Hill Community Subdivision # 1, in the City of
Dubuque, Dubuque County, Iowa; and
Whereas, a public utility easement was
platted over a portion of Lot 1-1-3 of Stone Hill
Community Subdivision # 1 according to the
Survey Plat for the same recorded as Instru-
ment Number 3173-79, in the office of the
Dubuque County Recorder; and
Whereas, Padre Pio Health Care Center
Inc., owner of Lot 1-1-3 of Stone Hill Commu-
nity Subdivision # 1, are planning a proposed
building addition on the property and whereas
the proposed location of the improvements lies
over said utility easement; and
Whereas, Padre Pio Health Care Center
Inc. have petitioned to vacate a portion of the
public utility easement across a portion of said
Lot 1-1-3 of Stone Hill Community Subdivision
# 1 in order to facilitate the construction of the
proposed improvements.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque, in-
tends to vacate and dispose of its interest in a
portion of the public utility easement across a
portion of Lot 1-1-3 of Stone Hill Community
Subdivision # 1 in the City of Dubuque, Dubu-
que County, Iowa, as shown on the attached
Exhibit A.
Section 2. That any and all applicable pub-
lication and recording fees are to be paid by
Padre Pio Health Care Center Inc.
Section 3. That a public hearing on the in-
tent to vacate and dispose of City interest in a
portion of the public utility easement across
portions of Lot 1-1-3 of Stone Hill Community
Subdivision # 1 in the City of Dubuque, Dubu-
que County, Iowa, is hereby set for the 3rd day
of September, 2019, at the Historic Federal
Building, 350 W. 6th Street, Dubuque, Iowa,
beginning at 6:00 p.m., and the City Clerk be
and is hereby authorized and directed to cause
a notice of public hearing on the intent to va-
cate and dispose of said interest to be pub-
lished in the manner as prescribed by law.
Passed, approved and adopted this 19th
day of August 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Fire Station No. 6 Improvements: City
Manager recommended initiation of the public
bidding procedure for Fire Station 6 External
Stairwell Addition Project, and further recom-
mends that a public hearing be set for Sep-
tember 3, 2019. Upon motion the documents
were received and filed, and Resolution No.
300-19 Preliminary approval of plans, specifi-
cations, form of contract, and estimated cost;
setting date of public hearing on plans, specifi-
318 Regular Session August 19, 2019 Book 149
cations, form of contract, and estimated cost;
and ordering the advertisement for bids was
adopted, setting a public hearing for a meeting
to commence at 6:00 p.m. on September 3,
2019 in the Historic Federal Building.
RESOLUTION NO. 300-19
FIRE STATION 6 EXTERNAL STAIRWELL
ADDITION PROJECT
PRELIMINARY APPROVAL OF PLANS,
SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST; SETTING DATE
OF PUBLIC HEARING ON PLANS, SPECI-
FICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST; AND ORDERING THE
ADVERTISEMENT FOR BIDS
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The proposed plans, specifications, form of
contract and estimated cost for the Fire Station
6 External Stairwell Addition Project in the
estimated amount $203,900.00, are hereby
preliminarily approved and ordered filed in the
office of the City Clerk for public inspection.
A public hearing will be held on the 3rd day
of September 2019, at 6:00 p.m. in the Historic
Federal Building Council Chambers (second
floor) 350 W. 6th Street, Dubuque, Iowa, at
which time interested persons may appear and
be heard for or against the proposed plans and
specifications, form of contract and estimated
cost of said Project, and the City Clerk be and
is hereby directed to cause the attached notice
of the time and place of such hearing to be
published in a newspaper having general cir-
culation in the City of Dubuque, Iowa, which
notice shall be published not less than four
days nor more than twenty days prior to the
date of such hearing. At the hearing, any inter-
ested person may appear and file objections to
the proposed plans, specifications, form of
contract, or estimated cost of the Project.
The Fire Station 6 External Stairwell Addi-
tion Project 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 Bid-
ders hereby approved.
The City Clerk is hereby directed to adver-
tise for bids for the construction of the im-
provements herein provided, by publishing the
Notice to Bidders to be published on the City
of Dubuque website and a contractor plan
room service with statewide circulation, which
notice shall be published not less than thirteen
but not more than forty-five days before the
date for filing bids before 2:30 p.m. on the 10th
day of September 2019. Bids shall be opened
and read by the City Clerk at said time and will
be submitted to the City Council for final action
at 6:00 p.m. on the 16th day of September
2019, in the Historic Federal Building Council
Chambers (second floor), 350 West 6th Street,
Dubuque, Iowa.
Passed, adopted and approved this the
19th day of August 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. Fiscal Year 2020 Budget Amendment
No. 1: City Manager recommended that the
first Fiscal Year 2020 Budget Amendment be
set for public hearing for September 3, 2019.
Upon motion the documents were received
and filed, and Resolution No. 301-19 Setting
the date for the public hearing on Amendment
No. 1 to the Fiscal Year 2020 Budget for the
City of Dubuque was adopted, setting a public
hearing for a meeting to commence at 6:00
p.m. on September 3, 2019 in the Historic
Federal Building.
RESOLUTION NO. 301-19
SETTING THE DATE FOR THE PUBLIC
HEARING ON AMENDMENT NO. 1 TO THE
FISCAL YEAR 2020 BUDGET FOR THE
CITY OF DUBUQUE
Whereas, Iowa Code Section 384.16 pro-
vides that the City Council shall set a time and
place for a public hearing on amendments to
the budget and publish notice before the hear-
ing as provided in Iowa Code Section 362.3.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council shall con-
duct a public hearing on proposed Amendment
No. 1 to the Fiscal Year 2020 budget for the
City of Dubuque at the City Council Chambers
at the Historic Federal Building, 350 West 6th
Street, Dubuque, Iowa, on Tuesday, Septem-
ber 3,2019, beginning at 6:00 p.m.
Section 2. That the City Clerk be and is
hereby authorized and directed to publish no-
tice of the public hearing, according to law,
together with the required budget information.
Passed, approved, and adopted this 19th
day of August 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 board/commission.
1. Resilient Community Advisory Commis-
sion: One, 3-Year term through July 1, 2022
(Vacant term of Lohrmann) Applicants: Can-
dace Eudaley-Loebach, 1715 Glen Oak St.;
Trevor Fannon, 476 Central Ave. Ms. Eudaley-
Loebach spoke in favor of her appointment.
319 Regular Session August 19, 2019 Book 149
2. Housing Commission: One, 3-Year term
through August 17, 2022 (Expiring term of
Borovic) Applicant: David Wall, 1710 ½ White
St. Motion by Jones to appoint Mr. Wall to the
3-year term through August 17, 2022. Se-
conded by Resnick. Motion carried 5-0.
3. Housing Trust Fund Advisory Commit-
tee: One, 3-Year term through August 17,
2022 (Expiring term of Walsh). Applicant: Dor-
othy Schwendinger, 3390 Windsor Ave. Motion
by Jones to appoint Mr. Schwendinger to the
3-year term through August 17, 2022. Se-
conded by Larson. Motion carried 5-0.
PUBLIC HEARINGS
1. Institutional District (ID) Amendment -
3475 & 3485 Windsor Ave, and 1001 Assisi
Drive (Stonehill/Assisi Village): Proof of publi-
cation on notice of public hearing to consider
approval of a request from Benjamin Beard to
rezone property at 3475, 3485 Windsor Ave-
nue, and 1001 Assisi Drive to unify the current
ID Institutional, Planned Unit Development and
R-1 Single-Family Zoning Districts of the Pa-
dre Pio Health Center and Assisi Village into a
single, Planned Unit Development with a
Planned Residential designation, and to allow
an addition to be built on the south side of the
Assisi Village building; and the Zoning Adviso-
ry Commission recommending approval. Re-
stated motion by Larson to receive and file the
documents and pass the first reading of a pro-
posed ordinance amending Title 16 of the City
of Dubuque Code of Ordinances, Unified De-
velopment Code, Rescinding Ordinances 66-
95, 25-97, 45-11 and 36-16 Approving an
Amended Conceptual Development Plan for
the Padre Pio Health Care Center and Assisi
Village, Rezone the Existing Institutional Dis-
trict to Planned Unit Development, and Re-
zone Property Along Sheridan Road from R-1
to Planned Unit Development. Seconded by
Del Toro. City Planning Services Manager
Laura Carstens provide a staff report. Motion
carried 5-0.
2. Vacating a Grant of Easement for Water
Main and Sanitary Sewer Utilities over proper-
ty on Marquette Place: Proof of publication on
notice of public hearing to approve vacating a
Grant of Easement for Water Main and Sani-
tary Sewer Utilities over Lot 1 of Hefel Place
owned by Christopher M. Hefel, as part of the
Marquette Place Street Sanitary Sewer and
Water Main Reconstruction Project and the
City Manager recommending approval. Motion
by Jones to receive and file the documents
and adopt Resolution No. 302-19 Disposing of
property by vacating City interest in an ease-
ment for water main and sanitary sewer utili-
ties over and across Lot 1 of Hefel Place, in
the City of Dubuque, Iowa Seconded by Res-
nick. Motion carried 5-0.
RESOLUTION NO. 302-19
DISPOSING OF PROPERTY BY VACATING
CITY INTEREST IN AN EASEMENT FOR
WATER MAIN AND SANITARY SEWER
UTILITIES OVER AND ACROSS LOT 1 OF
HEFEL PLACE, IN THE CITY OF DUBUQUE,
IOWA
Whereas, the City Council, by Resolution
No. 277-19, dated the 5th day of August 2019,
declared its intent to dispose of City interest in
utility easements on real property, legally de-
scribed as:
Lot 1 of Hefel Place, in the City of
Dubuque, Dubuque County, Iowa, ac-
cording to the recorded plat thereof (the
Property); and
Whereas, an Easement for Water Main
and Sanitary Sewer Utilities over a portion of
Lot 1 of Hefel Place was granted to and ac-
cepted by the City of Dubuque according to
Instrument No. 2019-00002781 and recorded
in the office of the Dubuque County Recorder;
and
Whereas, in the Spring of 2019, Christo-
pher Hefel had granted the above said water
main and sanitary sewer utilities easement
over the property based on the original design
alignment for the Marquette Place Sanitary
Sewer and Water Main Reconstruction Project;
and
Whereas, during the course of said recon-
struction project, the water main and sanitary
sewer alignment was revised so as to have
less of an impact on Hefel’s lot improvements,
including a retaining wall and deck; and
Whereas, the property owner has granted
a new utility easement over the revised water
main and sanitary sewer alignment area; and
Whereas, pursuant to published notice, a
public hearing was held on the proposed dis-
position on the 19th day of August 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 at-
tached Exhibit A should be vacated and doing
so is in the public interest of the City of Dubu-
que.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA;
Section 1. The City hereby vacates all in-
terest in utility easements located at the Prop-
erty as shown on the attached Exhibit A.
Section 2. The City Clerk is hereby author-
ized to and directed to record this resolution
with the Dubuque County Recorder.
320 Regular Session August 19, 2019 Book 149
Passed, approved, and adopted this 19th
day of August 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. Westside Water System Fire Hydrant In-
stallation Project: Proof of publication on notice
of public hearing to consider approval of the
plans, specifications, form of contract and es-
timated cost for the Westside Water System
Fire Hydrant Installation Project, and the City
Manager recommending approval. Motion by
Resnick to receive and file the documents and
adopt Resolution No. 303-19 Approval of
plans, specifications, form of contract, and
estimated cost for the Westside Water System
Fire Hydrant Installation Project Seconded by
Jones. Motion carried 5-0.
RESOLUTION NO. 303-19
APPROVAL OF PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATED
COST FOR THE WESTSIDE WATER SYS-
TEM FIRE HYDRANT INSTALLATION PRO-
JECT
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
Westside Water System Fire Hydrant Installa-
tion Project in the amount of $234,967, are
hereby are hereby approved.
Passed, approved, and adopted this 19th
day of August 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
ACTION ITEMS
1. Awarding Contract for the Eagle Point
Park Environmental Restoration Project –
(Phase 1) Turf Conversion & Soil Quality Res-
toration: City Manager recommended award of
the contract for the Eagle Point Park Environ-
mental Restoration Project - Phase 1 Turf
Conversion & Soil Quality Restoration to the
sole bidder, Applied Ecological Services. Mo-
tion by Larson to receive and file the docu-
ments and adopt Resolution No. 304-19
Awarding the public improvement contract for
the Eagle Point Park Environmental Restora-
tion Project (Phase 1) Turf Conversion and
Soil Quality Restoration (SQR). Seconded by
Jones. Motion carried 5-0.
RESOLUTION NO. 304-19
AWARDING THE PUBLIC IMPROVEMENT
CONTRACT FOR THE EAGLE POINT PARK
ENVIRONMENTAL RESTORATION PRO-
JECT: PHASE 1) TURF CONVERSION AND
SOIL QUALITY RESTORATION (SQR)
Whereas, sealed proposals have been
submitted by contractors for the Eagle Point
Park Environmental Restoration Project:
Phase 1) Turf Conversion and Soil Quality
Restoration (SQR), pursuant to Resolution No.
263-19 and Notice to Bidders published in a
newspaper published in the City of Dubuque,
Iowa on the 18th day of July 2019; and
Whereas, said sealed proposals were
opened and read on the 8th day of August
2019 and it has been determined that Applied
Ecological Services of Dubuque, Iowa, with a
bid in the amount of $326,225.20 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 Applied Ecologi-
cal Services and the City Manager is hereby
directed to execute a Public Improvement
Contract on behalf of the City of Dubuque for
the Project.
Passed, approved, and adopted this 19th
day of August 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Crown Holdings, Inc. Contract with Iowa
Economic Development Authority (IEDA): City
Manager recommended approval of a contract
among Crown Holdings, Inc. and Subsidiaries
and Crown Cork & Seals USA, Inc., the City of
Dubuque, and the Iowa Economic Develop-
ment Authority. Motion by Jones to receive
and file the documents and adopt Resolution
No. 305-19 Authorizing the execution of a con-
tract for State Business Financial Assistance
by and among Crown Holdings, Inc., and Sub-
sidiaries and Crown Cork & Seals USA, Inc.,
the City of Dubuque, Iowa, and the Iowa Eco-
nomic Development Authority. Seconded by
Del Toro. Motion carried 5-0.
RESOLUTION NO. 305-19
AUTHORIZING THE EXECUTION OF A
CONTRACT FOR STATE BUSINESS FI-
NANCIAL ASSISTANCE BY AND AMONG
CROWN HOLDINGS, INC. AND SUBSIDIAR-
IES AND CROWN CORK & SEALS USA,
INC., THE CITY OF DUBUQUE, IOWA, AND
THE IOWA ECONOMIC DEVELOPMENT
AUTHORITY
Whereas, Crown Holdings, Inc. and Sub-
sidiaries and Crown Cork & Seals USA, Inc.
(Crown Holdings) has proposed making an
approximately Four Million Eight Hundred
Eighty Thousand Dollar ($4,880,000.00) in-
vestment in a machinery and equipment pur-
chase/installation, building remodeling, and
capital lease costs at the property at 7500
Chavenelle Road in the City of Dubuque, Iowa
321 Regular Session August 19, 2019 Book 149
which will allow the creation of Forty-Two (42)
full-time jobs in the City (the Project); and
Whereas, the City Council of the City of
Dubuque, Iowa has considered the proposal
and has determined that the Project will con-
tribute to the local economy; and
Whereas, financial assistance from the Io-
wa 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 Eco-
nomic Development Assistance Contract in
order to finalize incentives and document as-
sociated terms for the Project.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the execution of the Eco-
nomic Development Assistance Contract 20-
HQJP-001 for participation in the Iowa Eco-
nomic Development Authority’s Financial As-
sistance Program on behalf of Crown Hold-
ings, Inc. and Subsidiaries and Crown Cork &
Seals USA, Inc., a copy of which is attached
hereto, is hereby approved.
Section 2. That the Mayor is hereby au-
thorized to execute, and the City Manager is
hereby directed to submit Economic Develop-
ment Assistance Contract 20-HQJP-001 to the
Iowa Economic Development Authority togeth-
er with such other documents as may be re-
quired.
Passed, approved, and adopted this 19th
day of August 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. Cellular Telephone L.P. (US Cellular)
Proposed Master Lease Agreement and Sup-
plement: City Manager recommended approv-
al of a Master Lease Agreement and Supple-
ment for US Cellular to deploy “small cell” in-
frastructure in Dubuque in the future. Motion
by Jones to receive, file, and approved the
documents. Seconded by Resnick. Respond-
ing to questions from the City Council David
Lyons, Sustainable Innovations Consultant for
Greater Dubuque Development Corporation,
stated that using a lease supplement expe-
dites installations in comparison to renegotiat-
ing a new lease for each instance and that the
City retains rights over its poles in terms of
cameras and power, etc. Mr. Lyons added that
the City Council will have total review if there is
future movement to 5G and will have authority
over public notifications. He also noted that the
FCC has new studies regarding the safety of
5G, but that the issue remains unresolved.
Motion carried 5-0.
4. Hillcrest Road - Rosemont Street Deten-
tion Basin Easement Agreement with Plastic
Center, Inc.: City Manager recommended ap-
proval of an Easement Agreement to acquire
an easement from Plastic Center, Inc. for the
Hillcrest-Rosemont Detention Basin Project
and acceptance of a Grant of Easement from
Plastic Center, Inc. Motion by Jones to receive
and file the documents and adopt Resolution
No. 306-19 Approving an Easement Agree-
ment between the City of Dubuque, Iowa and
Plastic Center, Inc., and accepting the Grant of
Easement from Plastic Center, Inc. Seconded
by Del Toro. Motion carried 5-0.
RESOLUTION NO. 306-19
APPROVING AN EASEMENT AGREEMENT
BETWEEN THE CITY OF DUBUQUE, IOWA
AND PLASTIC CENTER, INC. AND AC-
CEPTING THE GRANT OF EASEMENT
FROM PLASTIC CENTER, INC.
Whereas, the City of Dubuque, Iowa (City)
and Plastic Center, Inc. (PCI) have tentatively
entered into an Easement Agreement for the
Hillcrest-Rosemont Detention Basin Project;
and
Whereas, pursuant to the Easement
Agreement, PCI has delivered to City a Grant
of Easement as required by the Easement
Agreement; and
Whereas, the City Council finds that it is in
the best interests of the City of Dubuque to
approve the Easement Agreement and accept
the Grant of Easement.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Easement Agreement is
hereby approved, and the City Manager is
authorized and directed to sign the Easement
Agreement on behalf of the City of Dubuque.
Section 2. The Grant of Easement from
Plastic Center, Inc. is hereby accepted.
Passed, approved and adopted this 19th
day of August 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. East-West Corridor Moratorium Exten-
sion: City Manager recommended approval of
a three-year extension to the moratorium for
construction, rezoning, subdivision review, and
site plan approval in the East-West Corridor
Study Area. Motion by Jones to receive and
file the documents and pass the first reading of
a proposed ordinance Amending City of Dubu-
que Code of Ordinances Title 14 Building and
Development, Chapter 2 Building Construc-
tion, Demolition and Moving, Section 14-2-4
Moratorium for Construction or Other Work on
Certain Streets, Areas, or Facilities by Extend-
ing the Moratorium. Seconded by Del Toro.
Motion carried 5-0
322 Regular Session August 19, 2019 Book 149
6. Code of Ordinances Amendment - Title
9 Residential Parking Permit Program Limita-
tions: City Manager recommended an
amendment to existing City Ordinance 9-14-
321.722 (B): Residential Parking Permit Pro-
gram Established - Parking Study to include
amendments to the timeline for completing a
parking study in the petitioned area, maximum
number of site visits, and setting minimum
conditions for City Council approval for crea-
tion of a residential parking permit district. Mo-
tion by Jones to receive and file the docu-
ments and pass the first reading of a proposed
ordinance amending City of Dubuque Code of
Ordinances Title 9 Motor Vehicles and Traffic,
Chapter 14 Parking, Division 7 Residential
Parking Permit Program, Section 9-14-321-
722 Residential Parking Permit Program Es-
tablished. Seconded by Resnick. Responding
to questions from the City Council, City Engi-
neering Gus Psihoyos stated that the City has
tried to perfect the program over the years and
has not modeled it after any city. Motion car-
ried 5-0.
7. Code of Ordinances Amendment - Title
14 Adoption of the 2017 National Electric
Code: City Manager recommended approval of
an amendment to the City of Dubuque Code of
Ordinances, Title 14 Building and Develop-
ment, Chapter 1 Building Codes, Article D
Electric Code. Motion by Larson to receive and
file the documents and pass the first reading of
a proposed ordinance amending City of Dubu-
que Code of Ordinances Title 14 Building and
Development, Chapter 1 Building Codes, Arti-
cle D Electrical Code, Sections 14-1D-1 Na-
tional Electrical Code Adopted and 14-1D-2
National Electrical Code Amendments. Se-
conded by Del Toro. Motion carried 5-0.
8. Code of Ordinances Amendment - Title
14 Adoption of the 2018 International I-Codes:
City Manager recommended adoption of
amendments to the City of Dubuque Code of
Ordinances, Title 14 Building and Develop-
ment, Chapter 1 Building Codes that update
the current City of Dubuque Code of Ordi-
nances from the 2015 editions to the 2018
editions. Motion by Jones to receive and file
the documents and pass the first reading of a
proposed ordinances: amending City of Dubu-
que Code of Ordinances Title 14 Building and
Development, Chapter 1 Building Codes, Arti-
cle A Building Code and Regulations, Sections
14-1A-1 International Building Code Adopted
And 14-1A-2 International Building Code
Amendments; Amending City of Dubuque
Code of Ordinances Title 14 Building and De-
velopment, Chapter 1 Building Codes, Article
B Residential Code, Sections 14-1B-1 Interna-
tional Residential Code Adopted and 14-1B-2
International Residential Code Amendments;
amending City of Dubuque Code of Ordinanc-
es Title 14 Building and Development, Chapter
1 Building Codes, Article F Mechanical Code,
Sections 14-1F-1 International Mechanical
Code Adopted and Section 14-1F-2 Interna-
tional Mechanical Code Amendments; Amend-
ing City of Dubuque Code of Ordinances Title
14 Building and Development, Chapter 1
Building Codes, Article G Fuel Gas Code, Sec-
tions 14-1G-1 Fuel Gas Code Adopted and 14-
1G-2 Fuel Gas Code Amendments; Amending
City of Dubuque Code of Ordinances Title 14
Building and Development, Chapter 1 Building
Codes, Article H Plumbing Code, Sections 14-
1H-1 International Plumbing Code Adopted
and 14-1H-2 International Plumbing Code
Amendments; Amending City of Dubuque
Code of Ordinances Title 14 Building and De-
velopment, Chapter 1 Building Codes, Article J
Property Maintenance Code, Sections 14-1J-1
International Property Maintenance Code
Adopted and 14-1J-2 International Property
Maintenance Code Amendments; Amending
City of Dubuque Code of Ordinances Title 14
Building and Development, Chapter 1 Building
Codes; Amending City of Dubuque Code of
Ordinances Title 14 Building and Develop-
ment, Chapter 1 Building Codes, Article E Fire
Code and Regulations, Section 14-1E-1 Inter-
national Fire Code Adopted and 14-1E-2 Inter-
national Fire Code Amendments. Seconded by
Resnick. Motion carried 5-0.
9. Greenhouse Gas Inventory Update: City
Manager transmitting the final report from the
University of Northern Iowa’s Center for Ener-
gy and Environmental Education, which con-
ducted an update to the Dubuque’s communi-
ty-wide Greenhouse Gas Inventory. Motion by
Resnick to receive and file the documents.
Seconded by Del Toro. Motion carried 5-0.
COUNCIL MEMBER REPORTS
Reading from a prepared statement,
Council Member Kate Larson announced her
resignation from the Third Ward Council seat
as of December 31, 2019 adding that it has
been a pleasure and honor serving the citizens
of the Third Ward.
CLOSED SESSION
Professional Evaluation(s) – Chapter 21.5(1)(i)
Code of Iowa
Motion by Larson to convene in closed
session at 6:42 p.m. to discuss professional
evaluations pursuant to Chapter 21.5(1)(i) of
the Code of Iowa. Seconded by Del Toro.
Mayor Buol stated for the record that the attor-
ney who will consult with City Council on the
issues to be discussed in the closed session is
City Attorney Crenna Brumwell.
323 Special Session August 26, 2019 Book 149
Upon motion, the City Council reconvened
in open session at 7:32 p.m. stating that staff
had been given proper direction.
There being no further business, upon mo-
tion the City Council adjourned at 7:33 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
SESSION
The Dubuque City Council met in special
session at 6:00 p.m. on August 26, 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 (Joined at 6:02
p.m.), 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
the 2019 Washington Neighborhood Market
Analysis Update and Big Life, Small City,
You're Home in Dubuque Campaign.
WORK SESSIONS
1. 2019 Washington Neighborhood Market
Analysis Update: Planning Services Manager
Laura Carstens introduced the work session
and provided a brief history of the analysis
from the 2009 Strategic Plan and the 2009 and
2013 Market Analysis. Scott Goldstein of
Teska Associates then conducted the work
session. Topics included:
• Objectives of Market Analysis: review
trends in demographics and employment;
assess impact of investments and plans for
retail, housing and Central Avenue Corri-
dor
• Highlights of recent investment plans and
partnerships
• Impact of the Bee Branch Watershed Flood
Mitigation Project
• Comparisons between Trade Area, Wash-
ington Neighborhood and the City at large
o Population comparisons, increas-
es/decreases, impacts since 2010-
2018
o Housing unit totals, changes and im-
pacts since 2000-2018
o Racial composition
o Median household income changes
1990-2018
o Concentration of families below pov-
erty in Census Tracts 2010-1017
o Increases and comparisons of educa-
tion levels
o Unemployment rates in Census Tract
Block, city-wide comparison
• Retail findings: demand, need, potential
and gap analysis
o Case studies
324 Special Session August 26, 2019 Book 149
o Central Avenue positioning and
Brand Promise
• Business and Jobs: by job sector
• Housing findings: median home values by
Census Tract, for-sale home values,
Rental housing
• Central Avenue Corridor impact and find-
ings
• Summary of findings: data evidence, retail
demand, housing indicators, Central Ave-
nue Corridor
Mr. Goldstein responded to questions from
the City Council following the presentation.
This work session concluded at 6:40 p.m.
2. Big Life, Small City, You're Home in
Dubuque Campaign: Greater Dubuque Devel-
opment Corporation President and CEO Rick
Dickinson introduced the work session and
provided information on Dubuque’s financial
well-being from Moody’s Financial Services
and the Metropolitan Statistical Area (MSA).
Kristen Dietzel, Vice President of Workforce
Solutions for GDDC provided an update on the
progress of the Big Life, Small City, You're
Home in Dubuque Campaign/Workforce Solu-
tions update and program reports/feedback.
Topic included:
• Greater Dubuque 2022 Goals
o Labor force, median household in-
come, and population
• 2019 initiatives
o Launch new community marketing
campaign
o Target audience
o Mediums uses
o Create Awareness, biglifesmall-
city.com
• Big Life, Small City analytics and employer
guide
• Emsi profile analytics
• Summer career services visit
• Tri-College students of color leaders’ lunch
• Information Technology College Career
and Networking Fair
• Talent Dubuque intern engagement pro-
gram
• Dubuque Works newly funded programs
• Opportunity Dubuque Child Care Pilot Pro-
gram
• Opportunity Dubuque Fiscal Year 2019
Outcomes
• Distinctively Dubuque for recruiters and
human resources
• Local College Career Fair, accessdubu-
quejobs.com
• Feedback from interviews, partners and
surveys
• Future Leadership Team feedback
• Distinctively Dubuque focus group feed-
back
Ms. Dietzel responded to questions from
the City Council following the presentation.
Motion by Shaw to convene in closed ses-
sion at 7:23 to discuss professional evalua-
tions pursuant to Code of Iowa Chapter
21.5(1)(i). Seconded by Del Toro. Motion car-
ried 6-0. Mayor stated for the record that the
attorney who will consult with City Council on
the issue to be discussed in the closed session
is City Attorney Crenna Brumwell.
Upon motion the City Council reconvened
in open session at 8:28 p.m. stating that staff
had been given proper direction.
There being no further business, upon mo-
tion the City Council adjourned at 8:29 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
325 Special Session September 3, 2019 Book 149
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special
session at 5:30 p.m. on September 3, 2019 in
the second-floor Council Chambers of the His-
toric Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Del
Toro, Jones, Resnick, Rios, Shaw; City Man-
ager 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
Consolidation and Expansion of Urban Revital-
ization Districts.
WORK SESSION
Consolidation and Expansion of Urban Re-
vitalization Districts
Housing and Community Development Di-
rector Alexis Steger introduced the work ses-
sion and provided a summary of the City’s
Urban Revitalization Districts and the pur-
pose/benefits of the Districts. Topics included:
• List and location of the City’s 17 Urban
Revitalization Districts
• Comparison of Community Develop-
ment Block Group (CDBG) Eligible Ar-
eas and Urban Revitalization Districts
• Explanation of Options with a total of
properties and amount of City tax abat-
ed.
o Option 1: Expansion of existing Ur-
ban Revitalization Districts to in-
clude all CDGB-eligible areas in the
downtown
o Option 2: Expansion of existing Ur-
ban Revitalization Districts to in-
clude all CDBG-eligible areas in the
norther portion of the City.
o Option 3: Expansion of existing Ur-
ban Revitalization Districts to in-
clude CDBG-eligible areas of the
City, Census Tract 1 Block Group 1
(residential properties only) and the
inclusion of Census Tract 3 Block
Group 1
• Proposed Urban Revitalization District
requirements
o property type; percentage of in-
creased valuation; tax exemption
on increased value; duration of the
district; eligible improvements; dis-
trict expiration
Ms. Steger responded to questions from
the City Council and explained the next steps
in the process were to mail notice of a public
hearing, present the recommended Option 3 to
the City’s Long-Range Planning Commission,
and set and conduct the public hearing.
There being no further business, upon mo-
tion the City Council adjourned at 5:48 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
326 Regular Session September 3, 2019 Book 149
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular
session at 6:00 p.m. on September 3, 2019 in
the second-floor Council Chambers of the His-
toric Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Del
Toro, Jones, Resnick, Rios, Shaw; City Man-
ager 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
CONSENT ITEMS
Motion by Resnick to receive and file the
documents, adopt the resolutions, and dispose
of as indicated. Seconded by Del Toro. Motion
carried 6-0.
1. Minutes and Reports Submitted: City
Council Proceedings of 8/12, 8/13, 8/14, 8/19,
8/26; Historic Preservation Fair Committee of
8/15; Civil Service Commission of 8/20; Hous-
ing Trust Fund Committee of 6/26; Library
Board of Trustees Council Update #185 of
8/22; Proof of publication for City Council Pro-
ceedings of 8/5; Proof of publication for List of
Claims and Summary of Revenues for Month
Ending 7/31. Upon motion the documents
were received and filed.
2. Notice of Claims and Suits: Kyle and
Shelby Christina for property damage, Kathy
Jansen for vehicle damage, Gail Miller for
property damage, Suit by Timothy McKenzie
vs. City of Dubuque et al. Upon motion the
documents were received, filed, and referred
to the City Attorney.
3. Disposition of Claims: City Attorney ad-
vising that the following claims have been re-
ferred to Public Entity Risk Services of Iowa,
the agent for the Iowa Communities Assurance
Pool: Kyle and Shelby Christina for property
damage, Kathy Jansen for vehicle damage,
and Gail M. Miller for property damage. Upon
motion the documents were received, filed,
and concurred.
4. Approval of City Expenditures: City
Manager recommended City Council approval
for payment of City expenditures. Upon motion
the documents were received and filed, and
Resolution No. 307-19 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 was adopted.
RESOLUTION NO. 307-19
AUTHORIZING THE DIRECTOR OF FI-
NANCE 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 req-
uisitioned for a lawful municipal purpose; and
Whereas, the Finance Director-City Treas-
urer 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 pay-
ment 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 requested
by designated requisitioning authorities in ac-
cordance with approved budget appropria-
tions.
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 3rd
day of September 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
327 Regular Session September 3, 2019 Book 149
5. See the Potential on Central: City Man-
ager providing a copy of the See the Potential
on Central public information brochure. Upon
motion the document was received and filed.
6. White Sox vs. Yankees Playing at Field
of Dreams on August 13, 2020: City Manager
providing a copy of Travel Dubuque's an-
nouncement for the White Sox vs. Yankees
baseball game on August 13, 2020 at the Field
of Dreams. Upon motion the document was
received and filed.
7. Letter of Authorization: Jeffris Founda-
tion (Ham House Historical Site): City Manager
submitting a Letter of Authorization for Dubu-
que County Historical Society's application to
the Jeffris Heartland Fund requesting support
for the Mathias Ham House. Upon motion the
documents were received and filed, and Reso-
lution No. 308-19 Approving Dubuque County
Historical Society's Grant Application to the
Jeffris Heartland Fund for a Historical Struc-
ture Report of the Mathias Ham House was
adopted.
RESOLUTION NO. 308-19
RESOLUTION APPROVING DUBUQUE
COUNTY HISTORICAL SOCIETY’S GRANT
APPLICATION TO THE JEFFRIS HEART-
LAND FUND FOR AN HISTORIC STRUC-
TURE REPORT OF THE MATHIAS HAM
HOUSE
Whereas, the Jeffris Family Foundation’s
Jeffris Heartland Fund provides grant funding
to support the development of historic preser-
vation projects to a select Midwest Region
including Iowa; and
Whereas, the City of Dubuque has adopted
the 2017 Comprehensive Plan that includes
goals for educating the community about the
benefits of historic preservation.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
The Dubuque County Historical Society is
hereby authorized to submit the Jeffris Heart-
land Fund grant application to the Jeffris Fami-
ly Foundation’s Jeffris Heartland Fund to con-
duct an historic structure report for the Mathias
Ham House which is property owned by the
City of Dubuque.
Passed, approved and adopted this 3rd day
of September 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
8. Consolidated Annual Performance and
Evaluation Report (CAPER) July 1, 2018 to
June 30, 2019: City Manager recommended
approval of a resolution directing staff to sub-
mit the Consolidated Annual Performance and
Evaluation Report (CAPER) for the period of
July 1, 2018 through June 30, 2019, to the
U.S. Department of Housing & Urban Devel-
opment Community Planning Division. Upon
motion the documents were received and filed,
and Resolution No. 309-19 Authorizing the
submission of a Consolidated Annual Perfor-
mance and Evaluation Report (CAPER) for the
period commencing July 1, 2018 and Conclud-
ing June 30, 2019 was adopted.
RESOLUTION NO. 309-19
RESOLUTION AUTHORIZING THE SUB-
MISSION OF A CONSOLIDATED ANNUAL
PERFORMANCE AND EVALUATION RE-
PORT (CAPER) FOR THE PERIOD COM-
MENCING JULY 1, 2018 AND CONCLUDING
JUNE 30, 2019
Whereas, the City of Dubuque, Iowa, is an
entitlement grant recipient under the Commu-
nity Development Block Grant (CDBG) Pro-
gram of the U.S. Department of Housing and
Urban Development (HUD); and
Whereas, the CDBG regulations require
each entitlement recipient must submit a per-
formance and evaluation report, Consolidated
Annual Performance and Evaluation Report
(CAPER); and
Whereas, the City has 1) prepared a CA-
PER for the program year commencing July 1,
2018 and concluding June 30, 2019; 2) pub-
lished notice of availability of the CAPER in the
Telegraph Herald and City of Dubuque website
on July 20, 2019 and; 3) made copies of the
CAPER available for public review; 4) held a
public hearing pursuant to required 15-days
published notice before the Community Devel-
opment Advisory Commission on August 28,
2019; and
Whereas, the Community Development
Advisory Commission has voted to approve
the CAPER and to recommend City Council
approval for timely submission to HUD.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The Consolidated Annual Per-
formance and Evaluation Report (CAPER) for
the period commencing July 1, 2018 and con-
cluding June 30, 2019 is hereby approved for
submission.
Section 2. The Mayor of the City of Dubu-
que is hereby authorized and directed to exe-
cute the Consolidated Annual Performance
and Evaluation Report (CAPER) on behalf of
the City of Dubuque, Iowa.
Section 3. The City Manager is hereby au-
thorized to direct staff to submit the Consoli-
dated Annual Performance and Evaluation
Report (CAPER) along with any public com-
ment to the U.S. Department of Housing and
Urban Development.
Passed, approved and adopted this 3rd day
of September 2019
328 Regular Session September 3, 2019 Book 149
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
9. Grant-Funded Position Request - Car-
negie-Stout Public Library: City Manager rec-
ommended approval to hire a part-time staff
member at the Carnegie-Stout Public Library
to support the expansion of the Changing
Lives Through Literature diversion program for
youth in partnership with Juvenile Court Ser-
vices. Upon motion the documents were re-
ceive, filed and approved.
10. Cedar Valley Friends of the Family /
Continuum of Care Certification of Consisten-
cy: City Manager recommended approval to
provide a Certification of Consistency with the
Fiscal Year 2016-2020 Consolidated Plan for
Cedar Valley Friends of the Family for an ap-
plication for Continuum of Care funds. Upon
motion the documents were received and filed,
and Resolution No. 310-19 Requesting the
Mayor to provide Certification of Consistency
with the City of Dubuque's Consolidated Plan
was adopted.
RESOLUTION NO. 310-19
RESOLUTION REQUESTING THE MAYOR
TO PROVIDE CERTIFICATION OF CON-
SISTENCY WITH CITY OF DUBUQUE’S
CONSOLIDATED PLAN
Whereas, the U.S. Department of Housing
and Urban Development has published the
availability of the Continuum of Care grant for
the Collaborative Applicants including the Iowa
Balance of the Continuum of Care; and
Whereas, the U.S. Department of Housing
and Urban Development will publish the avail-
ability of the Continuum of Care grant for the
Project Applicants including the Cedar Valley
Friends of the Family; and
Whereas, Cedar Valley Friends of the
Family administers the Continuum of Care
grant in the City of Dubuque; and
Whereas, Cedar Valley Friends of the
Family must submit Certification of Consisten-
cy with City of Dubuque’s Consolidated Plan.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE IOWA THAT:
The Mayor is hereby authorized and di-
rected to provide Certification of Consistency
with City of Dubuque’s FY 2016-2020 Consoli-
dated Plan.
Passed, approved and adopted this 3rd day
of September 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
11. Acquisition of Property at 6805 Penn-
sylvania Avenue: City Manager recommended
approval to acquire property at 6805 Pennsyl-
vania Avenue owned by Steve E. and Sandra
Jean Bahl for the future widening of Pennsyl-
vania Avenue – Middle Road. It is further rec-
ommended the City Council approve a resolu-
tion approving the Offer and authorizing ac-
ceptance of the Warranty Deed and any other
related steps necessary to carry out the terms
of the offer. Upon motion the documents were
received and filed, and Resolution No. 311-19
Approving the acquisition of real estate owned
by Steven and Sandra Bahl in the City of
Dubuque, Iowa was adopted.
RESOLUTION NO. 311-19
RESOLUTION APPROVING THE ACQUISI-
TION OF REAL ESTATE OWNED BY STE-
VEN AND SANDRA BAHL, IN THE CITY OF
DUBUQUE
Whereas, the Dubuque Industrial Center
Economic Development District is an urban
renewal area which allows the City of Dubuque
to capture tax increment revenue from im-
provements made in the District in order to
promote economic development activities; and
Whereas, the City of Dubuque intends to
expand the Dubuque Industrial Center Eco-
nomic Development District; and
Whereas, the proposed expansion and
amendment of the Dubuque Industrial Center
Economic Development District will result in
acquisition of certain real estate, namely 6805
Pennsylvania Avenue; and
Whereas, Steven and Sandra Bahl (the
Owners) of this certain real estate have volun-
tarily agreed to sell to the City of Dubuque the
certain real estate legally described as follows
(the Property):
Lot 1 of Loretta Bahl’s Homestead, in
the City of Dubuque, Iowa, comprised
of Lot 1 of the West 30 acres of the SW
1/3, SE ¼, Section 19, T89N, R2E
(Dubuque Twp) of the 5th P.M., accord-
ing to the recorded plat thereof; and
Whereas, acquiring the Property will allow
expansion of the Dubuque Industrial Center
Economic Development District; and
Whereas, the acquisition of this real estate
is a voluntarily negotiated purchase by the City
of Dubuque under Section 6B.1A of the Code
of Iowa, and is not an acquisition by the City of
Dubuque through its exercise of the power of
eminent domain under Chapter 6B of the Code
of Iowa; and
Whereas, the Owners have agreed to sell
the Property for a total cost of $196,000; and
Whereas, a purchase agreement and ac-
knowledgment of voluntary negotiation have
been finalized with the Owners of the real es-
tate scheduled for acquisition; and
Whereas, it is in the best interest of the
City to acquire the Property, subject to review
of the updated abstract and title opinion by the
City Attorney’s Office.
329 Regular Session September 3, 2019 Book 149
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The City Council of the City of
Dubuque, Iowa hereby approves the Offer to
Buy Real Estate and Acceptance attached
hereto subject to review of the updated ab-
stract and title opinion by the City Attorney’s
Office.
Section 2. The City of Dubuque be and is
hereby authorized to accept a Warranty Deed
from the owner, conveying the owner’s interest
to the City of Dubuque, Iowa for the herein
described real estate.
Section 3. The City Clerk be and is hereby
authorized and directed to cause said Warran-
ty Deed to be recorded in the office of the
Dubuque County Recorder, together with a
certified copy of this Resolution.
Passed, approved and adopted this 3rd day
of September 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
12. Civil Service Commission - Certified
Lists: Civil Service Commission submitting
certified lists for the positions of Sewer
Maintenance Foreman and Maintenance
worker. Upon motion the documents were re-
ceived, filed, and made a Matter of Record.
August 20, 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 Sewer Maintenance Foreman was
administered on August 1, 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.
Sewer Maintenance Foreman
1. Christopher Kennedy, 2. Christian Kloft, 3.
Paul Dement, 4. Zachary Thill, 5. John Kirk, 6.
Matt Herman
Respectfully submitted,
/s/Dan White, Chairman
Civil Service Commission
August 20, 2019
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the
Code of Iowa, an entrance examination for the
position of Maintenance-worker was adminis-
tered on July 16, 2019. We hereby certify that
the individuals listed below have passed this
written examination and the vacancy for this
position should be made from this list and that
this list is good for one (1) year from above
date.
Maintenance-worker
1. Justin Licht, 2. Jeff Horn, 3. Justin Steckel,
4. Steven Gerardy, 5. Jeff Leibold, 6. Michael
Postma, 7. Mark Tinkham, 8. Craig Bahl, 9.
Tom Sheldon, 10. Robert Dement, 11. Gary
Cooley, 12. Christian Kloft, 13. Erick Merfeld,
14. Jeremy Ness, 15. Wesley Powelson, 16.
Randy Root, 17. Nicholas Connolly, 18. Jeffery
Davis, Jr., 19. Matthew Uthe, 20. James Gaul,
21. Dale Richardson, 22. Steve Valentine, 23.
Brian Allman, 24. Alec Leytem, 25. Brad
Petitgout, 26. Jeremy Shade, 27. Mitchell Ga-
herty, 28. Rodney Link, 29. Kevin Schadle, 30.
Christopher Matlock, 31. Alan Sabers, 32. Bri-
an Kirk
Respectfully submitted,
/s/Dan White, Chairman
Civil Service Commission
13. Enterprise Resource Planning (ERP)
Selection Advisory Services: City Manager
recommended approval to negotiate a contract
with Government Finance Officers Association
(GFOA) Research and Consulting Center for
consulting for enterprise resource planning
(ERP) system assessments, procurement,
contract negotiation, and implementation advi-
sory service. Upon motion the documents
were received, filed and approved.
14. Certified Local Government (CLG)
Grant Application for Eagle Point Park Phase I
Archeological Survey: City Manager recom-
mended approval of an application for a Certi-
fied Local Government (CLG) Grant for contin-
uation of the Phase 1 Archeology Survey at
Eagle Point Park. Upon motion the documents
were received and filed, and Resolution No.
312-19 Approving CLG Grant application to
State Historic Preservation Office for preserva-
tion planning at Eagle Point Park Historic Dis-
trict was adopted.
RESOLUTION NO. 312-19
APPROVING CLG GRANT APPLICATION
TO STATE HISTORIC PRESERVATION OF-
FICE FOR PRESERVATION PLANNING AT
EAGLE POINT PARK HISTORIC DISTRICT
Whereas, the State Historic Preservation
Office has allocated Certified Local Govern-
ment (CLG) Program grant funds for projects
that help to preserve, conserve, interpret, en-
hance, and educate the public about Iowa’s
historical assets; and
Whereas, the City of Dubuque has adopted
the 2017 Comprehensive Plan that includes
goals for educating the community about the
benefits of historic preservation.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The City of Dubuque is hereby
authorized to submit the FY 2020 CLG Grant
330 Regular Session September 3, 2019 Book 149
application to the State Historic Preservation
Office for Continuation of the Phase 1 Arche-
ology Survey at Eagle Point Park.
Section 2. The Planning Services Manager
is hereby authorized as the project manager
for the CLG application.
Passed, approved, and adopted this 3rd
day of September 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
15. Iowa Department of Transportation
(IDOT) Traffic Safety Improvement Program
for NW Arterial and John F. Kennedy Road
Northbound Turn Lane: City Manager recom-
mended authorization to submit an application
for a Traffic Safety Improvement Grant to as-
sist with funding proposed improvements to
extend the eastbound Northwest Arterial dedi-
cated left-turn lane onto John F. Kennedy
Road. Upon motion the documents were re-
ceived and filed, and Resolution No. 313-19
Authorizing the filing of a grant application with
the Iowa Department of Transportation for
Traffic Safety Improvement Grant funding to
assist with funding for proposed improvements
to extend the eastbound Northwest arterial
dedicated left-turn lane onto John F. Kennedy
Road was adopted.
RESOLUTION NO. 313-19
AUTHORIZING THE FILING OF A GRANT
APPLICATION WITH THE IOWA DEPART-
MENT OF TRANSPORTATION FOR TRAF-
FIC SAFETY IMPROVEMENT GRANT FUND-
ING TO ASSIST WITH FUNDING FOR PRO-
POSED IMPROVEMENTS TO EXTEND THE
EASTBOUND NORTHWEST ARTERIAL
DEDICATED LEFT TURN LANE ONTO
JOHN F KENNEDY ROAD
Whereas, the increasing growth of traffic
volumes, along with operational and safety
concerns, at the intersection of Northwest Ar-
terial and John F Kennedy (JFK) Road in the
City of Dubuque could be improved by increas-
ing the vehicle storage length of the existing
eastbound Northwest Arterial exclusive left
turn lane onto JFK Road; and
Whereas, the City of Dubuque has deter-
mined that improvements to this intersection,
as recommended by the Northwest Arterial
Capacity Study, will improve traffic flow effi-
ciency; and
Whereas, the City of Dubuque is seeking
the necessary funding for project implementa-
tion, and upon completion, in cooperation with
the Iowa Department of Transportation, be
responsible for adequately maintaining and
operating the project for public use during the
project’s useful life.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, THAT:
The City is hereby authorized to file the
grant application with the Iowa Department of
Transportation for Traffic Safety Improvement
Program funding to assist with funding for pro-
posed improvements to extend the eastbound
Northwest Arterial dedicated left turn lane onto
John F Kennedy Road.
Passed, approved and adopted this 3rd day
of September 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
16. Housing Trust Fund Committee Grant
Application to the Iowa Finance Authority: City
Manager recommended approval of a resolu-
tion authorizing commitment of funds from the
Greater Downtown Tax Increment Financing
Urban Renewal District as budgeted to be
used as a match to the Housing Trust Fund
Committee’s application to the Iowa Finance
Authority for a grant from the State Housing
Trust Fund. Upon motion the documents were
received and filed, and Resolution No. 314-19
Approving commitment of matching funds for
an application to the Iowa Finance Authority
(IFA) for State Housing Trust Funds was
adopted.
RESOLUTION NO. 314-19
APPROVING COMMITMENT OF MATCHING
FUNDS FOR AN APPLICATION TO THE
IOWA FINANCE AUTHORITY (IFA) FOR
STATE HOUSING TRUST FUNDS
Whereas, the Iowa Finance Authority has
recognized Dubuque’s Housing Trust Fund
Committee as a certified Local Housing Trust
Fund; and
Whereas, IFA has made funding available
in statewide competition to local trust funds for
State Housing Trust Fund grants, in amounts
based on population size; and
Whereas, a 25% local match is required for
receipt of a funding award; and
Whereas, the Housing Trust Fund Commit-
tee has authorized an application to IFA for a
Housing Trust Fund award, in the amount of
$129,755; and
Whereas, the GDTIF Activity No. 2681021
funds are available in the current year Housing
Department’s budget in sufficient amount to
meet the matching funds requirement: and
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The City of Dubuque hereby ap-
proves commitment of $32,439 in the current
year GDTIF as a match to the application for
IFA State Housing Trust Funds.
Section 2. The Housing Trust Fund Com-
mittee, in accordance with Sec. 2-5D-7 of the
Code of Ordinances, shall have final authority
to direct how such funds shall be used in sup-
331 Regular Session September 3, 2019 Book 149
port of revitalization activities in the Washing-
ton Neighborhoods.
Passed, approved and adopted this 3rd day
of September 2019.
Roy D Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
17. Acceptance of Grant of Easement of
Sidewalk and Public Utilities from DUBKIN,
LLC: City Manager recommended acceptance
of a Grant of Easement for Sidewalk and Pub-
lic Utilities from DUBKIN, LLC across property
in the northeast corner of the JFK Road and
Hillcrest Road intersection, as part of the JFK
Road and Hillcrest Road Traffic Signal Project.
Upon motion the documents were received
and filed, and Resolution No. 315-19 Accept-
ing Grant of Easement for Sidewalk and Public
Utilities associated with the JFK Road and
Hillcrest Road Traffic Signal Project, in the City
of Dubuque, Iowa was adopted.
RESOLUTION NO. 315-19
ACCEPTING GRANT OF EASEMENT FOR
SIDEWALK AND PUBLIC UTILITIES ASSO-
CIATED WITH THE JFK ROAD AND HILL-
CREST ROAD TRAFFIC SIGNAL PROJECT,
IN THE CITY OF DUBUQUE, IOWA
Whereas, DUBKIN LLC, has executed a
Grant of Easement for Sidewalk and Public
Utilities across Part of Lot 1 of Lot 2 in Block 6
of Asbury Springs Subdivision No. 4, in the
City of Dubuque.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The City Council of the City of
Dubuque, Iowa, hereby approves of, accepts
and consents to the Grant of Easement for
Sidewalk and Public Utilities, across Part of
Lot 1 of Lot 2 in Block 6 of Asbury Springs
Subdivision No. 4, in the City of Dubuque, Io-
wa, from DUBKIN LLC, a copy of which are
attached hereto.
Section 2. The Mayor is hereby authorized
and directed to execute and acknowledge on
behalf of the City of Dubuque any instruments
in connection herewith.
Section 3. The City Clerk be and is hereby
authorized and directed to record a certified
copy of this resolution with said Grant of
Easement for Sidewalk and Public Utilities, in
the offices of the City Assessor, Dubuque
County Recorder and Dubuque County Audi-
tor.
Passed, approved and adopted this 3rd day
of September 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
18. Acceptance of Grants of Easements for
Sidewalk and Public Utilities from Dupaco at
JFK Road and Hillcrest Road: City Manager
recommended acceptance of a Grant of
Easement for Sidewalk and Public Utilities
across property in the southeast corner of the
JFK Road and Hillcrest Road intersection from
Dupaco Community Credit Union, as part of
the JFK Road and Hillcrest Road Traffic Signal
Project. Upon motion the documents were
received and filed, and Resolution No. 316-19
Accepting a Grant of Easement for sidewalk
and public utilities associated with the JKF
Road and Hillcrest Road Traffic signal Project,
in the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 316-19
ACCEPTING GRANT OF EASEMENT FOR
SIDEWALK AND PUBLIC UTILITIES ASSO-
CIATED WITH THE JFK ROAD AND HILL-
CREST ROAD TRAFFIC SIGNAL PROJECT,
IN THE CITY OF DUBUQUE, IOWA
Whereas, DUPACO COMMUNITY CRED-
IT UNION, has executed a Grant of Easement
for Sidewalk and Public Utilities across Part of
Lot 1 of Lot 1 in Block 6 of Asbury Springs
Subdivision No. 4, in the City of Dubuque.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The City Council of the City of
Dubuque, Iowa, hereby approves of, accepts
and consents to the Grant of Easement for
Sidewalk and Public Utilities, across Part of
Lot 1 of Lot 1 in Block 6 of Asbury Springs
Subdivision No. 4, in the City of Dubuque, Io-
wa, from DUPACO COMMUNITY CREDIT
UNION, a copy of which are attached hereto.
Section 2. The Mayor is hereby authorized
and directed to execute and acknowledge on
behalf of the City of Dubuque any instruments
in connection herewith.
Section 3. That the City Clerk be and is
hereby authorized and directed to record a
certified copy of this resolution with said Grant
of Easement for Sidewalk and Public Utilities,
in the offices of the City Assessor, Dubuque
County Recorder and Dubuque County Audi-
tor.
Passed, approved, and adopted this 3rd
day of September 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
19. Acceptance of the 15 South Main
Street Site Utility Disconnect Project: City
Manager recommended acceptance of the
public improvement construction contract for
Bid Package 2, 15 South Main Street Site Utili-
ty Disconnect Project, as completed by
McDermott Excavating. Upon motion the doc-
uments were received and filed, and Resolu-
tion No. 317-19 Accepting the 15 South Main
Street Site Utility Disconnect Project and Au-
thorizing the Final Payment to the Contractor
was adopted.
332 Regular Session September 3, 2019 Book 149
RESOLUTION NO. 317-19
ACCEPTING THE 15 SOUTH MAIN STREET
SITE UTILITY DISCONNECT PROJECT AND
AUTHORIZING THE FINAL PAYMENT TO
THE CONTRACTOR
Whereas, the public improvement contract
for the 15 South Main Street Site Utility Dis-
connect Project (the Project) has been com-
pleted by the Contractor, McDermott Excavat-
ing of Dubuque, IA (Contractor), and the City
Engineer has examined the work and signed a
certificate stating that the Project has been
completed according to the terms of the Public
Improvement Contract and that the City Engi-
neer recommends that the Project be accept-
ed; and
Whereas, the final contract amount for the
Project is $39,903.11; and
Whereas, the Contractor has previously
been paid $37,907.95, leaving a balance of
$1,995.16; and
Whereas, the City Council finds that the
recommendation of the City Engineer should
be accepted.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The recommendation of the City
Engineer is approved, and the Project is here-
by accepted.
Section 2. The Finance Director is hereby
directed to pay to the Contractor from the 15
South Main Street Site Utility Disconnect Pro-
ject CIP appropriations for the contract amount
of $39,903.11 less any retained percentage
provided for therein as provided in Iowa Code.
Section 3. The Finance Director is hereby
directed to pay to the Contractor the balance
of the retainage of $1,019.97 as provided in
Iowa Code Chapter 573, and to pay such re-
tainage in accordance with the provisions of
Iowa Code Chapter 573 or Iowa Code Chapter
26.13.
Passed, approved, and adopted this 3rd
day of September 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL
COMPLETION OF THE 15 SOUTH MAIN
STREET SITE UTILITY DISCONNECT PRO-
JECT
The undersigned City Engineer of the City
of Dubuque, Iowa, hereby certifies that he has
inspected the 15 South Main Street Site Utility
Disconnect Project, and that the Project has
been completed in compliance with the terms
of the Public Improvement Contract, and that
the total cost of the completed work is
$46,996.98.
Dated this 27th day of August 2019.
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 27th
day of August 2019.
/s/Kevin Firnstahl, City Clerk
20. Recording the Award for the Storm
Sewer Construction Chavenelle Road - First
Supply 2019 Project: City Manager recom-
mended that the award for the Storm Sewer
Construction Chavenelle Road - First Supply
2019 Project be officially recorded in the
minutes of the City Council. Upon motion the
documents were received, filed and made a
Matter of Record.
21. Environmental Covenant for Iowa De-
partment of Transportation Parcel at 1000 E.
12th Street: City Manager recommended ap-
proval of an Environmental Covenant for the
Iowa Department of Transportation owned
parcel at 1000 E. 12th Street, between and
among the Iowa DOT, MidAmerican Energy,
and the United States Environmental Protec-
tion Agency, to which the City of Dubuque is a
listed interested party. Upon motion the docu-
ments were received and filed, and Resolution
No. 318-19 Approving an Environmental Cov-
enant for the property at 1000 E. 12th Street in
Dubuque, Dubuque County, Iowa owned by
the Iowa Department of Transportation was
adopted.
RESOLUTION NO. 318-19
APPROVING AN ENVIRONMENTAL COVE-
NANT FOR THE PROPERTY AT 1000 E.
12TH STREET IN DUBUQUE, DUBUQUE
COUNTY, IOWA OWNED BY THE IOWA
DEPARTMENT OF TRANSPORTATION
Whereas, the Iowa Department of Trans-
portation (IDOT) is the owner of the real prop-
erty legally described in Exhibit A hereto and
incorporated herein, with a local address of
1000 E. 12th Street in Dubuque, Dubuque
County, Iowa (hereinafter "Property"); and
Whereas, the federal Environmental Pro-
tection Agency is requiring IDOT to place an
Environmental Covenant across the Property;
and
Whereas, the Property contains a “Primary
Road,” which is defined by Iowa Code §
306.3(6) as a road or street that runs both in-
side and outside the boundaries of a munici-
pality; and
Whereas, the City of Dubuque (City) has
some control over the Property pursuant to
Iowa Code § 306.4(4)(a), which gives jurisdic-
tion over “municipal extensions of primary
roads” located in a municipality to City and
IDOT to exercise concurrently; and
Whereas, because of this concurrent juris-
diction, the Environmental Protection Agency
is requesting that City approve the attached
Environmental Covenant, in order to signify
City’s agreement that any future maintenance,
333 Regular Session September 3, 2019 Book 149
repair, or reconstruction of the primary road
that runs along the subject property will be
subject to the restrictions of the covenant; and
Whereas, City now desires to approve the
Environmental Covenant attached hereto and
to execute the same as a Third-Party Benefi-
ciary; and
Whereas, the City Council of the City of
Dubuque finds that it is in the best interest of
the City of Dubuque to approve the Environ-
mental Covenant.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The Environmental Covenant is
hereby approved.
Section 2. The Mayor is hereby authorized
and directed to execute the Environmental
Covenant on behalf of the City of Dubuque.
Section 3. The City Clerk is hereby author-
ized and directed to record this Resolution with
the Dubuque County Recorder and to deliver
the executed Environmental Covenant to IDOT
for recording with the same office.
Passed, approved and adopted this 3rd day
of September 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
22. Weaver Castle LLC (346-348 W. Lo-
cust Street) Fifth Amendment to Development
Agreement: City Manager recommended ap-
proval of the Fifth Amendment to Development
Agreement between the City of Dubuque and
Weaver Castle LLC for redevelopment of the
property at 346-348 West Locust Street. Upon
motion the documents were received and filed,
and Resolution No. 319-19 Approving the Fifth
Amendment to the Development Agreement
between the City of Dubuque, Iowa and
Weaver Castle, LLC was adopted.
RESOLUTION NO. 319-19
APPROVING THE FIFTH AMENDMENT TO
THE DEVELOPMENT AGREEMENT BE-
TWEEN THE CITY OF DUBUQUE, IOWA
AND WEAVER CASTLE, LLC
Whereas the City of Dubuque, Iowa (City)
and Weaver Castle, LLC (Developer) entered
into a Development Agreement dated for ref-
erence purposes the 21st day of August, 2013
for the redevelopment of the property at 346-
348 West Locust Street, which Development
Agreement required Developer to complete
certain Minimum Improvements described
therein; and
Whereas the First, Second, Third, and
Fourth Amendments to Development Agree-
ment extended the substantial completion date
for the Minimum Improvements; and
Whereas City and Developer now desire to
amend the Development Agreement as set
forth in the Fifth Amendment to Development
Agreement attached hereto.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The City Council hereby ap-
proves the Fifth Amendment to Development
Agreement.
Section 2. The Mayor is authorized and di-
rected to sign the Fifth Amendment to Devel-
opment Agreement on behalf of the City of
Dubuque.
Passed, approved, and adopted this 3rd
day of September 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
23. First Amendment to Development
Agreement by and among Dupaco Voices,
LLC, Dupaco Community Credit Union, and
the City of Dubuque: City Manager recom-
mended approval of a First Amendment to
Development Agreement by and among
Dupaco Voices, LLC, Dupaco Community
Credit Union and the City of Dubuque. Upon
motion the documents were received and filed,
and Resolution No. 320-19 Approving a First
Amendment to Development Agreement by
and among the City of Dubuque, Iowa; Dupaco
Voices, LLC; and Dupaco Community Credit
Union was adopted.
RESOLUTION NO. 320-19
APPROVING A FIRST AMENDMENT TO
DEVELOPMENT AGREEMENT BY AND
AMONG THE CITY OF DUBUQUE, IOWA,
DUPACO VOICES, LLC AND DUPACO
COMMUNITY CREDIT UNION
Whereas, the City of Dubuque, Iowa,
Dupaco Voices, LLC (Developer), and Dupaco
Community Credit Union (Employer) entered
into a Development Agreement dated for ref-
erence purposes January 22, 2019, for the
redevelopment of 1000 Jackson Street in the
City of Dubuque, Iowa (the Property); and
Whereas, City, Developer, and Employer
desire to amend the Development Agreement
as set forth in the attached First Amendment to
Development Agreement; and
Whereas, it is the determination of the City
Council that approval of the First Amendment
to 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 First Amendment to Devel-
opment Agreement by and among the City of
Dubuque, Iowa, Dupaco Voices, LLC, and
Dupaco Community Credit Unionis hereby
approved.
Section 2. The Mayor is hereby authorized
and directed to execute the First Amendment
334 Regular Session September 3, 2019 Book 149
to Development Agreement on behalf of the
City of Dubuque and the City Clerk is author-
ized and directed to attest to his signature.
Section 3. The City Manager is authorized
to take such actions as are necessary to com-
ply with the terms of the First Amendment to
Development Agreement as herein approved.
Passed, approved and adopted this 3rd day
of September 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
24. Memorandum of Agreement with
Dubuque Co. Energy District: City Attorney
recommended approval of a Memorandum of
Agreement with Dubuque County Energy Dis-
trict, which serves as the site supervisor for the
Green Iowa AmeriCorps Dubuque team. Upon
motion the documents were received, filed and
approved.
25. Nutrient Trading Update: City Manager
transmitting information on the status of the
Nutrient Trading Program first initiated by the
Iowa League of Cities CIG grant and the time-
line of events leading to this and future Nutri-
ent Trading discussions. Upon motion the
documents were received and filed.
26. Fiscal Year 2019 Year End Financial
Outcome for Five Flags Civic Center: City
Manager transmitting information related to the
Fiscal Year 2019 year-end financials of Five
Flags Civic Center. Upon motion the docu-
ments were received and filed.
27. Fireworks Request for Iowa League of
Cities Conference: Permit Application from
J&M Displays, Inc. requesting approve to dis-
play fireworks for the Iowa League of Cities
between 9:00 p.m. and 10:00 p.m. on Sep-
tember 26, 2019 at the Alliant Energy Amphi-
theater. Upon motion the document was re-
ceived, filed and approved.
28. Signed Contract(s): Gallagher Risk
Management Services Agreement for Worker's
Compensation Insurance Program Analysis;
Iowa Department of Transportation for ARC /
JFK Road Midtown Transfer Phase II;
Palebluedot, LLC Climate Action Plan Update
Agreement; Walter Development, LLC (Hodge)
Site Access Agreement for McFadden Farm
Site. Upon motion the documents were re-
ceived and filed.
29. Improvement Contracts / Performance,
Payment and Maintenance Bonds: Commer-
cial Flooring Company (2) for the Grand River
Center meeting rooms and Exhibit Hall carpet
replacement; Eastern Iowa Excavating & Con-
crete, LLC for the Storm Sewer Construction
Chavenelle Road - First Supply 2019 Project;
River City Paving for the Dubuque Montessori
Parking Lot Asphalt Paving Project; Sealmas-
ter Foam d/b/a S&S Builders for the Dubuque
Fire Headquarters ADA Ramp Replacement
Project; Temperley Excavating, Inc. (2) for the
Hillcrest and Rosemont Storm Reconstruction
Project and City Sidewalk Replacements in
various locations. Upon motion the documents
were received, filed and approved.
30. Business License Refund: Hill Street
Plaza, Inc., formerly located at 535 Hill Street,
requesting a refund of Liquor License No.
LE0002723 in the amount of $150 and Tobac-
co Permit DBQ-34-20 in the amount of $100
due to business being sold. Upon motion the
documents were received, filed and approved.
31. 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. 321-19 Approv-
ing 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. 321-19
APPROVING APPLICATIONS FOR BEER,
LIQUOR, AND/OR WINE PERMITS, AS RE-
QUIRED BY CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 4 BUSINESS AND LI-
CENSE REGULATIONS, CHAPTER 2 LIQ-
UOR CONTROL, ARTICLE B LIQUOR,
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 re-
quirements 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 di-
rected to cause to be issued the noted permit
types to the following applicants pending sub-
mission of the locally required documentation:
Renewals
Locust Tobacco & Liquor, 408 W. Locust St.,
Class E Liquor, Class B Wine, Class C Beer
(Sunday)
Los Aztecas Mexican Rest., 2700 Dodge St.,
Class C Liquor (Sunday)
335 Regular Session September 3, 2019 Book 149
North Side Liquor & Tobacco, 2013 Central
Ave., Class E Liquor, Class B Wine, Class C
Beer (Sunday)
Pete's Thai Kitchen, LLC, 609 E. 22nd St.,
Class C Liquor (Sunday)
Special Event(s) per Special Event Application
Submittal
Dubuque Jaycees BlocktoberFest 9-17, 11th
and Jackson to 10th and Jackson, 10th and
Jackson and 10th and Washington, 10th and
Washington to 11th and Washington, Special
Class C liquor (Outdoor)
Dubuque Jaycees Chili Cook Off 10-1, 3rd and
Bluff St. to 5th and bluff St. to include up to
4th St., Special Class C liquor (Outdoor)
Dubuque Jaycees Millwork Night Market 9-12
and 10-10, 7th and Jackson to 9th and Jack-
son to Include E. 8th to Elm, Special Class C
liquor (Outdoor)
Passed, approved, and adopted this 3rd
day of September 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 pub-
lic hearings as indicated, and direct the City
Clerk to publish notice as prescribed by law.
Seconded by Resnick. Motion carried 6-0.
1. Authorization Not-to-Exceed $170,000
General Fund Lease Agreement - Postage
Machine: City Manager recommended that a
public hearing be set for September 16, 2019,
on the proposal to authorize a general fund
lease agreement not-to-exceed $170,000.
Upon motion the documents were received
and filed, and Resolution No. 322-19 Fixing
date for a meeting on the proposition to au-
thorize a Lease Agreement (General Fund) in
the principal amount of not-to-exceed
$170,000 to acquire personal property for the
City, and providing for publication of notice
thereof was adopted setting a public hearing
for a meeting to commence at 6:00 p.m. on
September 16, 2019 in the Historic Federal
Building.
RESOLUTION NO. 322-19
FIXING DATE FOR A MEETING ON THE
PROPOSITION TO AUTHORIZE A LEASE
AGREEMENT (GENERAL FUND) IN THE
PRINCIPAL AMOUNT OF NOT TO EXCEED
$170,000 TO ACQUIRE PERSONAL PROP-
ERTY FOR THE CITY, AND PROVIDING
FOR PUBLICATION OF NOTICE THEREOF
Whereas, it is deemed necessary and ad-
visable that the City of Dubuque, Iowa, should
enter into a lease agreement in the principal
amount of not to exceed $170,000 as author-
ized by Sections 364.4 and 384.25 of the Code
of Iowa, for the purpose of providing funds to
pay costs of carrying out the project as herein-
after described, and more specifically, for the
lease of a postage machine; and
Whereas, the term of the proposed Lease
does not exceed the economic life of the prop-
erty to be acquired; and
Whereas, the lease agreement shall be
payable from the General Fund of the City;
and
Whereas, before a lease agreement may
be authorized, it is necessary to comply with
the provisions of said Code, and to publish a
notice of the proposal and of the time and
place of the meeting at which the Council pro-
poses to take action for the authorization of the
lease agreement and to receive oral and/or
written objections from any resident or proper-
ty owner of said City to such action.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. This Council meet in the Historic
Federal Building, 350 West 6th Street, Dubu-
que, Iowa, at 6:00 o'clock p.m., on the 16th day
of September, 2019, for the purpose of taking
action on the matter of the authorization of a
lease agreement, in the principal amount of
not to exceed $170,000 the proceeds of which
will be used to provide funds to pay costs of
the acquisition of personal property for the
City.
Section 2. The Clerk is hereby directed to
cause at least one publication to be made of a
notice of said meeting, in a legal newspaper,
printed wholly in the English language, pub-
lished at least once weekly, and having gen-
eral circulation in said City, said publication to
be not less than four clear days nor more than
twenty days before the date of said public
meeting on the authorization of said lease
agreement.
Section 3. The notice of the proposed ac-
tion to authorize said lease agreement shall be
in substantially the [provided] form.
Passed and approved this 3rd day of Sep-
tember 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Authorization of Not-to-Exceed $25,000
General Fund Lease Agreement - Mail Room
Printer: City Manager recommended that a
public hearing be set for September 16, 2019,
on the proposal to authorize a general fund
lease agreement not-to-exceed $25,000. Upon
motion the documents were received and filed,
and Resolution No. 323-19 Fixing date for a
meeting on the proposition to authorize a
Lease Agreement (General Fund) in the prin-
cipal amount of not-to-exceed $25,000 to ac-
quire personal property for the City, and
providing for publication of notice thereof was
336 Regular Session September 3, 2019 Book 149
adopted setting a public hearing for a meeting
to commence at 6:00 p.m. on September 16,
2019 in the Historic Federal Building.
RESOLUTION NO. 323-19
FIXING DATE FOR A MEETING ON THE
PROPOSITION TO AUTHORIZE A LEASE
AGREEMENT (GENERAL FUND) IN THE
PRINCIPAL AMOUNT OF NOT TO EXCEED
$25,000 TO ACQUIRE PERSONAL PROP-
ERTY FOR THE CITY, AND PROVIDING
FOR PUBLICATION OF NOTICE THEREOF
Whereas, it is deemed necessary and ad-
visable that the City of Dubuque, Iowa, should
enter into a lease agreement in the principal
amount of not to exceed $25,000 as author-
ized by Sections 364.4 and 384.25 of the Code
of Iowa, for the purpose of providing funds to
pay costs of carrying out the project as herein-
after described, and more specifically, for the
lease of a printer; and
Whereas, the term of the proposed Lease
does not exceed the economic life of the prop-
erty to be acquired; and
Whereas, the lease agreement shall be
payable from the General Fund of the City;
and
Whereas, before a lease agreement may
be authorized, it is necessary to comply with
the provisions of said Code, and to publish a
notice of the proposal and of the time and
place of the meeting at which the Council pro-
poses to take action for the authorization of the
lease agreement and to receive oral and/or
written objections from any resident or proper-
ty owner of said City to such action.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. This Council meet in the Historic
Federal Building, 350 West 6th Street, Dubu-
que, Iowa, at 6:00 o'clock p.m., on the 16 th day
of September, 2019, for the purpose of taking
action on the matter of the authorization of a
lease agreement, in the principal amount of
not to exceed $25,000 the proceeds of which
will be used to provide funds to pay costs of
the acquisition of personal property for the
City.
Section 2. The Clerk is hereby directed to
cause at least one publication to be made of a
notice of said meeting, in a legal newspaper,
printed wholly in the English language, pub-
lished at least once weekly, and having gen-
eral circulation in said City, said publication to
be not less than four clear days nor more than
twenty days before the date of said public
meeting on the authorization of said lease
agreement.
Section 3. The notice of the proposed ac-
tion to authorize said lease agreement shall be
in substantially the [provided] form.
Passed and approved this 3rd day of Sep-
tember 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
BOARDS/COMMISSIONS
Appointment was made to the following
Commission.
1. Resilient Community Advisory Commis-
sion: One, 3-Year term through July 1, 2022
(Vacant term of Lohrmann). Applicants: Can-
dace Eudaley-Loebach, 1715 Glen Oak St.;
and Trevor Fannon, 476 Central Ave. Upon
roll-call vote of 6-2, Ms. Eudaley-Loebach was
appointed to the 3-year term through July 1,
2022. Eudaley-Loebach = Rios, Resnick Del
Toro, Shaw; Fannon = Jones, Buol.
PUBLIC HEARINGS
1. Vacate Public Utility Easements for Pa-
dre Pio Health Care Center, Inc. (Stone Hill):
Proof of publication on notice of public hearing
to consider disposal of the City’s interest in in
a Public Utility Easement of Stone Hill Com-
munity Subdivision, and the City Manager rec-
ommended approval. Motion by Jones to re-
ceive and file the documents and adopt Reso-
lution No. 324-19 Disposing of property by
vacating City interest in a Public Utility Ease-
ment over and across Lot 1-1-3 of Stone Hill
Community Subdivision #1, in the City of
Dubuque, Iowa. Seconded by Shaw. Motion
carried 6-0.
RESOLUTION NO. 324-19
DISPOSING OF PROPERTY BY VACATING
CITY INTEREST IN A PUBLIC UTILITY
EASEMENT OVER AND ACROSS LOT 1-1-3
OF STONE HILL COMMUNITY SUBDIVI-
SION # 1, IN THE CITY OF DUBUQUE, IOWA
Whereas, the City Council, by Resolution
No. 299-19, dated the 19th day of August 2019,
declared its intent to dispose of City interest in
a utility easement on real property, legally de-
scribed as:
Lot 1-1-3 of Stone Hill Community Subdivi-
sion # 1, in the City of Dubuque, Dubuque
County, Iowa, according to the recorded plat
thereof (the Property); and
Whereas, a public utility easement was
platted over a portion of Lot 1-1-3 of Stone Hill
Community Subdivision # 1 according to the
Survey Plat for the same recorded as Instru-
ment Number 3173-79, in the office of the
Dubuque County Recorder; and
Whereas, pursuant to published notice, a
public hearing was held on the proposed dis-
position on the 3rd day of September 2019 at
6:00 p.m. in the Historic Federal Building, 350
W. 6th Street, Dubuque, Iowa; and
337 Regular Session September 3, 2019 Book 149
Whereas, it is the determination of the City
Council that City interest in the utility easement
at the Property as shown on the attached Ex-
hibit 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 THAT:
Section 1. The City hereby vacates all in-
terest in a utility easement located at the
Property as shown on the attached Exhibit A.
Section 2. The City Clerk is hereby author-
ized to and directed to record this resolution
with the Dubuque County Recorder.
Passed, approved and adopted this 3rd day
of September 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Fire Station No. 6 Improvements Project
- External Stairwell Addition: Proof of publica-
tion on notice of public hearing to consider
approval of the plans, specifications, form of
contract and estimated cost of the Fire Station
No. 6 Improvements Project, and the City
Manager recommended approval. Motion by
Jones to receive and file the documents and
adopt Resolution No. 325-19 Approval of
plans, specifications, form of contract, and
estimated cost for the Fire Station 6 External
Stairwell Addition Project. Seconded by Res-
nick. Motion carried 6-0.
RESOLUTION NO. 325-19
APPROVAL OF PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATED
COST FOR THE FIRE STATION 6 EXTER-
NAL STAIRWELL ADDITION 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 cost for the Fire Station
6 External Stairwell Addition Project, in the
estimated amount $275,000.00, are hereby
approved.
Passed, approved, and adopted this 3rd
day of September 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Continued on Next Page
338 Regular Session September 3, 2019 Book 149
3. Fiscal Year 2020 Budget Amendment No. 1: Proof of publication on notice of public hearing to
consider approval of the Fiscal Year 2020 Budget Amendment No. 1, and the City Manager recom-
mended approval. Motion by Jones to receive and file the documents and adopt Resolution No. 326-19
Amending the current budget for the Fiscal Year Ending June 30, 2020. Seconded by Del Toro. Re-
sponding to questions from the City Council, Director of Budget and Finance Jenny Larson explained
the process of amending the City’s budget and carrying over funds into the next fiscal year. Motion
carried 6-0.
RESOLUTION NO. 326-19
AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2020 (AS
AMENDED LAST ON NA.)
Be it Resolved by the Council of the City of Dubuque
Section 1. Following notice published 08/21/19 and the public hearing held, 09/03/19 the current
budget (as previously amended) is amended as set out herein and in the detail by fund type and activi-
ty that supports this resolution which was considered at that hearing:
Total Budget as
Certified or last
amended
Current
Amendment
Total Budget
after 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 1,827,379 76,744 1,904,123
Use of Money and Property 8 14,388,998 2,314 14,391,312
Intergovernmental 9 48,393,574 51,946,911 100,340,485
Charges for Services 10 44,184,398 -283,810 43,900,588
Special Assessments 11 30,000 0 30,000
Miscellaneous 12 7,971,324 3,490,467 11,461,791
Other Financing Sources 13 12,989,828 25,323,502 38,313,330
Transfers In 14 30,478,335 5,760,787 36,239,122
Total Revenues and Other Sources 15 214,745,470 86,316,915 301,062,385
Expenditures & Other Financing Uses
Public Safety 16 30,100,398 796,081 30,896,479
Public Works 17 13,022,573 1,361,720 14,384,293
Health and Social Services 18 1,196,081 116,958 1,313,039
Culture and Recreation 19 12,850,660 989,439 13,840,099
Community and Economic Development 20 14,373,472 689,217 15,062,689
General Government 21 10,214,750 414,518 10,629,268
Debt Service 22 10,779,398 1,453,922 12,233,320
Capital Projects 23 37,057,261 51,791,759 88,849,020
Total Government Activities Expenditures 24 129,594,593 57,613,614 187,208,207
Business Type / Enterprises 25 61,888,644 32,621,001 94,509,645
Total Gov Activities & Business Expendi-
tures 26 191,483,237 90,234,615 281,717,852
Transfers Out 27 30,478,335 5,760,787 36,239,122
Total Expenditures/Transfers Out 28 221,961,572 95,995,402 317,956,974
Excess Revenues & Other Sources Over
(Under) Expenditures/Transfers Out Fiscal Year 29 -7,216,102 -9,678,487 -16,894,589
Beginning Fund Balance July 1 30 37,452,616 44,931,749 82,384,365
Ending Fund Balance June 30 31 30,236,514 35,253,262 65,489,776
Passed, approved and adopted this 3rd day of September 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
339 Regular Session September 3, 2019 Book 149
PUBLIC INPUT
Kate Larson, 35 E. 19th St., spoke in sup-
port of being appointed as interim Council
Member for the Third Ward to fill the vacancy
created by her recent resignation until the No-
vember 5, 2019 General Election.
Joyce Connors, 660 Edith St., spoke in
support of being appointed as interim Council
Member for the Third Ward to fill the vacancy
created by Ms. Larson’s recent resignation
until the November 5, 2019 General Election.
Lynn Sutton, 849 Air Hill, spoke in support
of filling the Third Ward vacancy as soon as
possible and to an urgency for filling the Hous-
ing Inspector positions in light of several recent
apartment fires.
ACTION ITEMS
1. Five Flags Civic Center Fiscal Year
2019 Annual Report Presentation: City Man-
ager transmitting the Fiscal Year 2019 Annual
Report for Five Flags. Five Flags Manager HR
Cook of SMG made a presentation to the City
Council on the Center's finances and sched-
uled events. Motion by Resnick to receive and
file the documents and listen to the presenta-
tion. Seconded by Del Toro. Mr. Cook reported
on the following topics: Changes with Ticket-
master to prevent block purchase and sale of
tickets; event analysis and attendance by fiscal
year; Fiscal Year 2019 events in review; year-
end statistics; top ten Fiscal Year 2019 events
by attendance; ticket buyer demographics
(age, income, gender); top ten cities to pur-
chase tickets and buyer locations; sales chan-
nels; website statistics; customer experience
survey; media relations; recognitions; year-end
financials; food and beverage report; venue
sponsorships and partners; upcoming
events/shows and anchor tenant performanc-
es. Mr. Cook, Leisure Services Manager Marie
Ware and City Manager Van Milligen respond-
ed to questions from the City Council following
the presentation regarding the timing and ur-
gency of capital improvement projects for the
Center. Motion carried 6-0.
2. Award of the Westside Water System
Fire Hydrant Installation Project: City Manager
recommended award of the Westside Water
System Fire Hydrant Installation Project con-
tract to the low bidder Kueter Equipment Co.
Motion by Resnick to receive and file the doc-
uments and adopt Resolution No. 327-19
Awarding the public improvement contract for
the Westside Water System Fire Hydrant In-
stallation Project. Seconded by Shaw. Motion
carried 6-0.
RESOLUTION NO. 327-19
AWARDING PUBLIC IMPROVEMENT CON-
TRACT FOR THE WESTSIDE WATER SYS-
TEM FIRE HYDRANT INSTALLATION PRO-
JECT
Whereas, sealed proposals have been
submitted by contractors for the West Side
Water System Fire Hydrant Installation Project,
(the Project) pursuant to Resolution No. 303-
19 and Notice to Bidders published on the City
of Dubuque, Iowa website and plan room ser-
vice with statewide circulation on the 9th day of
August 2019; and
Whereas, said sealed proposals were
opened and read on the 22nd day of August
2019 and it has been determined that Kueter
Equipment Company of Dubuque, Iowa, in the
bid amount of $140,798.00, is the lowest re-
sponsive, 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
Westside Water System Fire Hydrant Installa-
tion Project is hereby awarded to Kueter
Equipment Company and the City Manager is
hereby directed to execute a Public Improve-
ment Contract on behalf of the City of Dubu-
que for the Project.
Passed, approved and adopted this 3rd day
of September 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. Institutional District (ID) Amendment -
3475 & 3485 Windsor Ave, 1001 Assisi Drive
(Stonehill/Assisi Village) (Second Reading):
Zoning Advisory Commission recommending
approval of a request from Benjamin Beard to
rezone property at 3475, 3485 Windsor Ave-
nue, and 1001 Assisi Drive to unify the current
ID Institutional, Planned Unit Development and
R-1 Single-Family Zoning Districts of the Pa-
dre Pio Health Center and Assisi Village into a
single, Planned Unit Development with a
Planned Residential designation, and to allow
an addition to be built on the south side of the
Assisi Village building. Motion by Jones to
receive and file the documents and that the
requirement that a proposed ordinance be
considered and voted on for passage at two
Council meetings prior to the meeting at which
it is to be passed be suspended. Seconded by
Resnick. Motion carried 6-0.
Motion by Jones for final consideration and
passage of Ordinance No. 36-19 Amending
Title 16 of the City of Dubuque Code of Ordi-
nances, Unified Development Code, Rescind-
ing Ordinances 66-95, 25-97, 45-11 and 36-16
Approving an Amended Conceptual Develop-
ment Plan for the Padre Pio Health Care Cen-
ter and Assisi Village, Rezone the Existing
Institutional District to Planned Unit Develop-
340 Regular Session September 3, 2019 Book 149
ment, and Rezone Property Along Sheridan
Road from R-1 to Planned Unit Development.
Seconded by Resnick. Motion carried 6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 36-19
AMENDING TITLE 16 OF THE CITY OF
DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, RESCINDING
ORDINANCES 66-95, 25-97, 45-11 AND 36-
16 APPROVING AN AMENDED CONCEP-
TUAL DEVELOPMENT PLAN FOR THE PA-
DRE PIO HEALTH CARE CENTER AND AS-
SISI VILLAGE, REZONE THE EXISTING IN-
STITUTIONAL DISTRICT TO PLANNED
UNIT DEVELOPMENT, AND REZONE
PROPERTY ALONG SHERIDAN ROAD
FROM R-1 TO PLANNED UNIT DEVELOP-
MENT
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 Devel-
opment Code is hereby amended by rescind-
ing Ordinances No. 66-95, 25-97, 45-11 and
36-16, and adopting a revised campus devel-
opment plan for the Padre Pio Health Care
Center and Assisi Village, and rezone the ex-
isting Institutional District to Planned Unit De-
velopment, and rezone property along Sheri-
dan Road from R-1 to Planned Unit Develop-
ment, to wit:
Lot 1 Padre Pio Subdivision No. 1, and to
the centerline of the adjoining public
right-of-way, all in the City of Dubuque,
Iowa.
Section 2. That in order to accomplish the
purposes of this Planned Unit Development
District, the above-described property is sub-
ject to the following conditions and restrictions:
A. Use Regulations - The following
regulations shall apply to all uses made of
land in the above-described Planned Resi-
dential District:
1. Principal permitted uses shall be
limited to the following:
a. Nursing or convalescent
homes.
b. Residential care facilities.
c. Multi-family dwellings limited
to 53 congregate apartments and
25 cottages for independent living.
d. Offices for administrative per-
sonnel or other employees and affil-
iates.
e. Off-street parking and load-
ing.
2. Conditional use shall be regulat-
ed by Section 5-22.2 of the Unified De-
velopment Code.
3. Accessory uses shall be regulat-
ed by Section 5-22.3 of the Unified De-
velopment Code.
B. Lot and Bulk Regulations - Devel-
opment of land in the Planned Residential
District shall be regulated as follows:
1. That all previously approved
campus development plans are hereby
amended to allow for the attached de-
velopment plan.
C. Site Development Standards - The
site development standards for this
Planned Residential District shall be estab-
lished as follows:
1. That the proposed access road
from Sheridan Road shall be located in
substantial conformance with the con-
ceptual development plan.
2. The 24-foot wide private roadway
serving the Assisi Village development
shall have no on-street parking al-
lowed.
3. Off-street parking for the Assisi
Village development shall be .5 space
per congregate apartment unit and 2
spaces per cottage dwelling.
4. Sidewalks shall be provided with-
in the Assisi Village development as
depicted in the approved conceptual
plan.
5. Site plans shall be submitted in
compliance with Section 12 Site Plans
of the Unified Development Code.
6. New outdoor lighting shall com-
ply with Section 13-3.1 Site Lighting of
the Unified Development Code.
7. That storm water from new facili-
ties shall comply with Section 13-3.3
Storm Water Management of the Uni-
fied Development Code.
8. Landscaping and screening re-
quirements shall be established in ac-
cordance with the requirements of Sec-
tion 13-4.4 of the Unified Development
Code.
9. Trash enclosures shall comply
with Section 13-4.9 Exterior Trash Col-
lection Areas of the Unified Develop-
ment Code.
D. Sign Regulations
1. The sign regulations for the Pa-
dre Pio Health Center shall be in ac-
cordance with the ID District in Section
15-11.13 of the Unified Development
Code of the City of Dubuque, Iowa.
2. The sign regulations for the Assi-
si Village Development shall be in ac-
cordance with the R-4 Multi-Family
Residential District in Section 15-11.1
of the Unified Development Code.
E. Parking Standards - The off-street
parking requirement for the principal per-
mitted uses for the herein described
341 Regular Session September 3, 2019 Book 149
Planned Residential District shall be regu-
lated as follows:
1. That new off-street parking spac-
es shall be designed and constructed in
compliance with Section 13-3.5 Parking
Lot Layout of the Unified Development
Code.
2. Any significant expansion or re-
duction in the number of off-street park-
ing spaces must be reviewed by Plan-
ning Services staff for compliance with
the adopted Padre Pio Health Cen-
ter/Assisi Village Planned Residential
District.
F. Ordinance History
1. 66-95: Rezoned Stonehill Care
Center property from R-4 Multi-Family
Residential District to ID Institutional
District.
2. 25-97: Amended existing
Planned Unit Development District to
allow the development of the Assisi Vil-
lage.
3. 45-11: Amend Institutional Dis-
trict to allow construction of 4-story
nursing addition and a single-story
therapy addition.
4. 36-16: Amend Institutional Dis-
trict by rezoning 3160 Sheridan Road
from - R-1 Single Family District to In-
stitutional District and allow construc-
tion of a new access drive to Sheridan
Road.
G. Transfer of Ownership - Transfer of
ownership or lease of property in this
Planned Residential District shall include
the transfer or lease agreement, the provi-
sion that the purchaser or leasee acknowl-
edges awareness of the conditionals au-
thorizing the establishment of this district.
H. Modifications - Any modifications of
this Ordinance must be approved by the
City council in accordance with zoning re-
classification proceedings of Section 9-5 of
the Unified Development Code.
Section 3. The foregoing amendment has
heretofore been reviewed by the Zoning Advi-
sory Commission of the City of Dubuque, Io-
wa.
Section 4. This Ordinance shall take effect
immediately upon publication, as provided by
law.
Passed, approved, and adopted this 3rd
day of September 2019.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 6th day of September 2019.
/s/Kevin S. Firnstahl, City Clerk
4. East-West Corridor Moratorium Exten-
sion (Second Reading): City Manager recom-
mended approval of a three-year extension to
the moratorium for construction, rezoning,
subdivision review, and site plan approval in
the East-West Corridor Study Area. Motion by
Jones to receive and file the documents and
that the requirement that a proposed ordi-
nance be considered and voted on for pas-
sage at two Council meetings prior to the
meeting at which it is to be passed be sus-
pended. Seconded by Del Toro. Motion carried
6-0.
Motion by Jones for final consideration and
passage of Ordinance No. 37-19 Amending
City of Dubuque Code of Ordinances Title 14
Building and Development, Chapter 2 Building
Construction, Demolition and Moving, Section
14-2-4 Moratorium for Construction or Other
Work on Certain Streets, Areas, or Facilities by
Extending the Moratorium. Seconded by Del
Toro. Motion carried 6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 37-19
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 14 BUILDING AND
DEVELOPMENT, CHAPTER 2 BUILDING
CONSTRUCTION, DEMOLITION AND MOV-
ING, SECTION 14-2-4 MORATORIUM FOR
CONSTRUCTION OR OTHER WORK ON
CERTAIN STREETS, AREAS, OR FACILI-
TIES BY EXTENDING THE MORATORIUM
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. City of Dubuque Code of Ordi-
nances Section 14-2-4 is amended to read as
follows:
Section 14-2-4: Moratorium for Construc-
tion or Other Work on Certain Streets, Areas
or Facilities:
A. East-West Corridor Study Area: The
city manager may not issue any permit for
any new construction or substantial en-
largement, alteration, repair or remodeling
of any structure, building, or sign in the
east-west corridor study area as shown on
the map on file in the office of the city clerk,
but not to include demolition or emergency
repairs without the approval of the city
council, from the effective date hereof to
August 16, 2022, except where a vested
right to the issuance of such permit ac-
crued prior to the effective date hereof.
Section 2. This ordinance shall take effect
upon publication.
Passed, approved and adopted this 3rd day
of September 2019.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 6th day of September 2019.
/s/Kevin S. Firnstahl, City Clerk
342 Regular Session September 3, 2019 Book 149
5. Code of Ordinances Amendment - Title
9 Residential Parking Permit Program (Second
Reading): City Manager recommended an
amendment to existing City Ordinance 9-14-
321.722 (B): Residential Parking Permit Pro-
gram Established - Parking Study to include
amendments to the timeline for completing a
parking study in the petitioned area, maximum
number of site visits, and setting minimum
conditions for City Council approval for crea-
tion of a residential parking permit district. Mo-
tion by Jones to receive and file the docu-
ments and that the requirement that a pro-
posed ordinance be considered and voted on
for passage at two Council meetings prior to
the meeting at which it is to be passed be sus-
pended. Seconded by Resnick. Motion carried
6-0.
Motion by Jones for final consideration and
passage of Ordinance No. 38-19 Amending
City of Dubuque Code of Ordinances Title 9
Motor Vehicles and Traffic, Chapter 14 Park-
ing, Division 7 Residential Parking Permit Pro-
gram, Section 9-14-321-722 Residential Park-
ing Permit Program Established. Seconded by
Resnick. Motion carried 6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 38-19
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 9 MOTOR VEHICLES
AND TRAFFIC, CHAPTER 14 PARKING,
DIVISION 7 RESIDENTIAL PARKING PER-
MIT PROGRAM, SECTION 9-14-321.722
RESIDENTIAL PARKING PERMIT PRO-
GRAM ESTABLISHED
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 9-14-321.722 of the City
of Dubuque Code of Ordinances is amended
to read as follows:
9-14-321.722: RESIDENTIAL PARKING
PERMIT PROGRAM ESTABLISHED:
There is hereby established a Residential
Parking Permit Program. The procedure for
being designated a residential parking permit
district shall be as follows:
A. Petition:
1. Required: In order to be consid-
ered for a residential parking permit dis-
trict designation, a group of residents
must submit a petition to the City Manag-
er containing the signature of an adult
member of at least sixty percent (60%) of
the dwelling units in the residential area.
Petitions shall only be considered for ar-
eas which contain at least four (4) adja-
cent block faces or fifty (50) curb parking
spaces. The boundaries of and the
streets within the proposed permit park-
ing district shall be clearly identified on
each page of the petition. The petition
shall also state clearly that, if the district
is approved that participation in the pro-
gram is mandatory, only those vehicles
with a permit shall be permitted to park in
the residential parking permit district be-
tween seven o'clock (7:00) a.m. and five
thirty o'clock (5:30) p.m. daily, or such
other hours as may be requested by the
petition and approved by the City Coun-
cil, except Sundays and holidays, and an
annual fee will be charged for a parking
permit for each vehicle. The necessary
petition can be obtained from the Office
of the City Clerk. A cover letter explaining
the reasons for the request and a map
showing the boundaries of the proposed
parking permit district shall accompany
the petition.
2. Exception: A petition may be con-
sidered for an area which contains less
than four (4) adjacent block faces or fifty
(50) curb parking spaces if there are ex-
tenuating conditions that render such re-
quirement unreasonable. Upon the rec-
ommendation of the City Manager, such
requirement may be waived by the City
Council if it finds that the proposed resi-
dential district is isolated or separated
from other residential areas by topo-
graphical features or by commercial area.
The City Council shall not grant such a
waiver, however, if it determines that the
only basis for granting such a waiver is
the convenience of the residents or if it
determines that the waiver is being re-
quested by the petitioners to prevent op-
position to establishing a district. All other
requirements of this division must be es-
tablished.
3. A petition for creation of a residen-
tial parking permit district in an area may
only be submitted for consideration once
per quarter.
B. Parking Study: Upon receipt of a valid
petition, the City Manager shall cause a
parking study of the area identified in the pe-
tition to be conducted. A residential parking
permit district may be established only if the
results of the study demonstrate that the fol-
lowing criterions are satisfied during peak
periods:
1. At least seventy percent (70%) of
the curbside parking spaces in the pro-
posed parking permit district were utilized
during peak periods. For purposes of this
criterion, a legal curbside parking space
shall be twenty-three (23) linear feet.
2. At least twenty five percent (25%)
of the curbside parking spaces in the
proposed parking district were utilized by
nonresident parkers. For purposes of this
criterion, the latest available motor vehi-
cle registration information shall be used.
343 Regular Session September 3, 2019 Book 149
3. The parking study will be complet-
ed within thirty (30) days of receipt of the
petition, except in specific circumstances
deemed necessary by the City Engineer.
4. No more than four (4) site visits will
be completed as part of a parking study,
except in specific circumstances deemed
necessary by the City Engineer.
5. In order to receive a recommenda-
tion to the City Council for creation of a
residential parking permit district the
conditions in subsection 1 and 2 must be
met a minimum of one (1) time during the
site visits.
C. Parking Study Report And Recom-
mendation: Upon completion of the parking
study, if the conditions of subsection B of this
section are established, the City Manager
shall make a report and recommendation to
the City Council, based upon the petition and
results of the survey, on whether or not to
designate the proposed parking district or a
portion thereof as a residential parking per-
mit district and the hours such restrictions
are to be in effect. The recommendation
shall take the following into account:
1. The effect on the safety of the resi-
dents of the proposed residential parking
permit district from intensive parking by
nonresidents;
2. The difficulty or inability of resi-
dents of the proposed residential parking
permit district to obtain adequate
curbside parking adjacent to or near their
residences because of widespread use
of available curbside parking spaces by
nonresident motorists;
3. The likelihood of alleviating, by use
of the Residential Parking Permit Pro-
gram, any problem of nonavailability of
residential parking spaces; and
4. The desire of the residents in the
proposed residential parking permit area
for the institution of a residential parking
permit district and the willingness of
those residents to bear the cost inci-
dental to the administration of the Resi-
dential Parking Permit Program.
D. Public Hearing: Upon receipt of the
report and recommendation from the City
Manager, the City Council shall set a public
hearing on the petition. Upon completion of
the public hearing, the City Council may re-
ject the petition or adopt an ordinance desig-
nating the permit area as a residential park-
ing permit district and the hours such parking
restrictions are to be in effect.
E. Amendments:
1. Amendments to the existing dis-
tricts for expansion or reduction of the
district must be requested by submitting
to the City Manager a petition containing
the signatures of an adult member of at
least sixty percent (60%) of the dwelling
units in the residential area proposed for
expansion or reduction to the district.
2. Amendments to the existing dis-
tricts for a change in the days/times must
comply with the standards for establish-
ment of a district.
3. An amendment to expand or re-
duce a district will not be considered if
the proposed change will not meet the
requirement of two (2) block faces unless
there are extenuating conditions that
render such requirement unreasonable.
4. Expansion areas of a district will
inherit the same days/times for parking
restrictions as the previously established
district.
Section 2. This ordinance shall take effect
upon publication.
Passed, approved, and adopted this 3rd
day of September 2019.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 6th day of September 2019.
/s/Kevin S. Firnstahl, City Clerk
6. Code of Ordinances Amendment - Title
14 Adoption of the 2017 National Electric Code
(Second Reading): City Manager recommend-
ed approval of an amendment to the City of
Dubuque Code of Ordinances, Title 14 Build-
ing and Development, Chapter 1 Building
Codes, Article D Electric Code. Motion by
Jones to receive and file the documents and
that the requirement that a proposed ordi-
nance be considered and voted on for pas-
sage at two Council meetings prior to the
meeting at which it is to be passed be sus-
pended. Seconded by Del Toro. Motion carried
6-0.
Motion by Jones for final consideration and
passage of Ordinance No. 39-19 Amending
City of Dubuque Code of Ordinances Title 14
Building and Development, Chapter 1 Building
Codes, Article D Electrical Code, Sections 14-
1D-1 National Electrical Code Adopted and 14-
1D-2 National Electrical Code Amendments.
Seconded by Del Toro. Motion carried 6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 39-19
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 14 BUILDING AND
DEVELOPMENT, CHAPTER 1 BUILDING
CODES, ARTICLE D ELECTRICAL CODE,
SECTIONS 14-1D-1 NATIONAL ELECTRI-
CAL CODE ADOPTED AND 14-1D-2 NA-
TIONAL ELECTRICAL CODE AMEND-
MENTS
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
344 Regular Session September 3, 2019 Book 149
Section 1. Section 14-1D-1 of the City of
Dubuque Code of Ordinances is amended to
read as follows:
14-1D-1: NATIONAL ELECTRICAL CODE
ADOPTED:
Except as hereinafter added to, deleted,
modified or amended, there is hereby adopted
by reference as the electrical code of the city
that certain electrical code known as the na-
tional electrical code, 2017 edition, as pre-
pared and edited by the National Fire Protec-
tion Agency, Quincy, Massachusetts, and the
provisions of such electrical code shall be con-
trolling in the supply of electricity and in the
installation, maintenance and use of all electri-
cal conductors and equipment and installation
of optical fiber cable within the corporate limits
of the city, and shall be known as the Dubuque
electrical code. A copy of the national electrical
code, 2017 edition, as adopted, shall be on file
in the office of the city clerk for public inspec-
tion.
Section 2. Section 14-1D-2 of the City of
Dubuque Code of Ordinances is amended to
read as follows:
14-1D-2: NATIONAL ELECTRICAL CODE
AMENDMENTS:
The national electrical code adopted by
section 14-1D-1 of this article is hereby
amended as follows:
. . . .
80-3. Definitions, General. For the pur-
pose of these provisions, certain terms,
phrases, words, and their derivatives shall
be construed as specified in this section.
Where terms are not defined, they shall
have their ordinarily accepted meanings
within the context with which they are
used. Webster's third new international dic-
tionary of the English language, una-
bridged, copyright 1981, shall be consid-
ered as providing ordinarily accepted
meanings. Words used in the singular in-
clude the plural and the plural the singular.
Words used in masculine gender include
the feminine and the feminine the mascu-
line.
Approved, as to materials, equip-
ment, and method of construction
means approval by the building official
as the result of investigation and tests
conducted or by reasons of accepted
principles or tests by recognized au-
thorities, technical, or scientific organi-
zations.
Approved agency means an estab-
lished and recognized agency regularly
engaged in conducting tests or furnish-
ing inspection services, when such
agency has been approved by the
building official.
Building code means the international
building code promulgated by the Interna-
tional Code Council, Inc., as adopted by
this jurisdiction.
Building official means the officer
charged with the administration and en-
forcement of this code, or duly authorized
representatives, and is the authority having
jurisdiction for this code.
Chief electrical inspector means the
person providing expertise for the building
official in the area of electrical regulations.
Code enforcement agency means the
department, division, or agency of this ju-
risdiction charged with the function of code
enforcement and shall be under the admin-
istration and operational control of the
building official.
Commercial installation means an in-
stallation intended for commerce but does
not include a residential installation.
Dubuque board means the city of
Dubuque electrical code board.
Electrical code means the national
electrical code promulgated by the National
Fire Protection Association, as adopted by
this jurisdiction.
Electrical equipment means all electri-
cal materials, wiring, conductors, fittings,
devices, appliances, fixtures, signs, and
apparatus or parts thereof.
Electrical work means all installations,
alterations, repairs, removals, renewals,
replacements, connections, disconnec-
tions, and maintenance of all electrical
equipment except as otherwise noted.
Firewall means the same as an area
separation wall as used in the building
code.
Industrial installation means an installa-
tion intended for use in the manufacture or
processing of products involving systemat-
ic labor or habitual employment and in-
cludes installations in which agricultural or
other products are habitually or customarily
processed or stored for others, either by
buying or reselling on a fee basis.
Inspector means a person certified
as an electrical inspector upon such
reasonable conditions as may be
adopted by the board.
In-house electricians, not for hire by
the general public.
(i) In-house electricians are re-
quired to carry an Iowa Master’s
level license in order to obtain a
permit.
(ii) In-house electricians can on-
ly work on the premises for which
the licensee is directly employed
and any other persons doing elec-
trical work under the supervision of
the in-house electricians must also
registered with the state of Iowa as
345 Regular Session September 3, 2019 Book 149
an apprentice, journeyman, or Mas-
ter A or B electrician.
Listed and listing means equipment
and materials which are shown in a list
published by an approved testing
agency, qualified and equipped for ex-
perimental testing, and maintaining an
adequate periodic inspection of current
productions and whose listing states
that the equipment complies with na-
tionally recognized safety standards.
Multiple occupancy building means
a building having more than one (1)
tenant and may be of single or mixed -
use groups as classified by the building
code.
New electrical installation means
the installation of electrical wiring, ap-
paratus, and equipment for light, heat,
power, and other purposes.
Occupancy means the purpose for
which a building, or part thereof, is
used or intended to be used.
Public use building or facility means
any building or facility designated for
public use, including all property owned
and occupied or designated for use by
the state of Iowa.
Residential installation means an
installation intended for a single-family
or two-family residential dwelling or a
multi-family residential dwelling not
larger than a four-family dwelling.
Routine maintenance means the
servicing, maintaining, or repairing of
existing electrical apparatus or equip-
ment for which no changes in wiring
are made.
State board means the electrical exam-
ining board created under Iowa Code sec-
tion 103.2.
. . . .
82-2. Permit Process.
(a) Application for Permit. The ap-
plicant for an electrical permit must be
one of the following:
(1) The homeowner as defined
elsewhere in this ordinance; or,
(2) Registered with the state of
Iowa as a class "A" master electri-
cal licensee and affiliated with an
electrical contracting firm or busi-
ness that is also licensed by and
registered with the state of Iowa.
(3) In-house electricians, not for
hire by the general public.
(b) Application. To obtain a permit,
the applicant shall first file an applica-
tion therefor in writing on a form fur-
nished by the code enforcement agen-
cy for that purpose. Every such applica-
tion shall:
(1) Identify and describe the
work to be covered by the permit for
which application is made;
(2) Describe the land on which
the proposed work is to be done by
legal description, street address, or
similar description that will readily
identify and definitely locate the
proposed building or work.
(3) Identify the owner of proper-
ty, and tenant if applicable, on
which the proposed work is to be
done;
(4) Indicate the use or occupan-
cy for which the proposed work is
intended;
(5) Be accompanied by plans,
diagrams, computations, and speci-
fications and other data as required
in subsection (b) of this section;
(6) Be signed by permittee or
authorized agent; and
(7) Give such other data and in-
formation as may be required by
the building official.
(c) Plans and Specifications. Plans,
engineering calculations, diagrams,
and other data shall be submitted in
one or more sets with each application
for a permit. The building official may
require plans, computations, and speci-
fications to be prepared and designed
by an engineer or architect licensed by
the state of Iowa to practice as such.
EXCEPTION: The building official
may waive the submission of plans,
calculations, etc., if it is found that the
nature of the work applied for is such
that reviewing of plans is not necessary
to obtain compliance with this code.
(d) Information on Plans and Speci-
fications. Plans and specifications shall
be drawn to scale upon substantial pa-
per or cloth and shall be of sufficient
clarity to indicate the location, nature,
and extent of the work proposed and
show in detail that it will conform to the
provisions of this code and all relevant
laws, ordinances, rules, and regula-
tions.
Plans for buildings more than two
(2) stories in height of other than
groups R, division 3, and M occupan-
cies shall indicate how required struc-
tural and fire-resistive integrity will be
maintained where a penetration will be
made for electrical and communication
conduits, pipes, and similar systems.
. . . .
210.12. Arc-Fault Circuit-Interrupter
Protection.
(B) Branch Circuit Extensions or
Modifications - Dwelling Units.
346 Regular Session September 3, 2019 Book 149
This section is hereby repealed.
(D) Branch Circuit Extensions or
Modifications – Dwelling Units and
Dormitory Units.
This section is hereby repealed.
. . . .
Section 3. This ordinance shall take effect
upon publication.
Passed, approved, and adopted this 3rd
day of September 2019.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 6th day of September 2019.
/s/Kevin S. Firnstahl, City Clerk
7. Code of Ordinances Amendment - Title
14 Adoption of the 2018 International I-Codes
(Second Reading): City Manager recommend-
ed adoption of amendments to the City of
Dubuque Code of Ordinances, Title 14 Build-
ing and Development, Chapter 1 Building
Codes that update the current City of Dubuque
Code of Ordinances from the 2015 editions to
the 2018 editions. Motion by Jones to receive
and file the documents and that the require-
ment 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 Del Toro.
Motion carried 6-0.
Motion by Jones for final consideration and
passage of Ordinance No. 40-19 Amending
City of Dubuque Code of Ordinances Title 14
Building and Development, Chapter 1 Building
Codes, Article A Building Code and Regula-
tions, Sections 14-1A-1 International Building
Code Adopted And 14-1A-2 International
Building Code Amendments;
Ordinance No. 41-19 Amending City of
Dubuque Code of Ordinances Title 14 Building
and Development, Chapter 1 Building Codes,
Article B Residential Code, Sections 14-1B-1
International Residential Code Adopted and
14-1B-2 International Residential Code
Amendments;
Ordinance No. 42-19 Amending City of
Dubuque Code of Ordinances Title 14 Building
and Development, Chapter 1 Building Codes,
Article F Mechanical Code, Sections 14-1F-1
International Mechanical Code Adopted and
Section 14-1F-2 International Mechanical
Code Amendments;
Ordinance No. 43-19 Amending City of
Dubuque Code of Ordinances Title 14 Building
and Development, Chapter 1 Building Codes,
Article G Fuel Gas Code, Sections 14-1G-1
Fuel Gas Code Adopted and 14-1G-2 Fuel
Gas Code Amendments;
Ordinance No. 44-19 Amending City of
Dubuque Code of Ordinances Title 14 Building
and Development, Chapter 1 Building Codes,
Article H Plumbing Code, Sections 14-1H-1
International Plumbing Code Adopted and 14-
1H-2 International Plumbing Code Amend-
ments;
Ordinance No. 45-19 Amending City of
Dubuque Code of Ordinances Title 14 Building
and Development, Chapter 1 Building Codes,
Article J Property Maintenance Code, Sections
14-1J-1 International Property Maintenance
Code Adopted and 14-1J-2 International Prop-
erty Maintenance Code Amendments;
Ordinance No. 46-19 Amending City of
Dubuque Code of Ordinances Title 14 Building
and Development, Chapter 1 Building Codes;
and
Ordinance No. 47-19 Amending City of
Dubuque Code of Ordinances Title 14 Building
and Development, Chapter 1 Building Codes,
Article E Fire Code and Regulations, Section
14-1E-1 International Fire Code Adopted and
14-1E-2 International Fire Code Amendments.
Seconded by Del Toro. Motion carried 6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 40-19
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 14 BUILDING AND
DEVELOPMENT, CHAPTER 1 BUILDING
CODES, ARTICLE A BUILDING CODE AND
REGULATIONS, SECTIONS 14-1A-1 IN-
TERNATIONAL BUILDING CODE ADOPTED
AND 14-1A-2 INTERNATIONAL BUILDING
CODE AMENDMENTS
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 14-1A-1 of the City of
Dubuque Code of Ordinances is amended to
read as follows:
14-1A-1: INTERNATIONAL BUILDING CODE
ADOPTED:
Except as hereinafter added to, deleted,
modified, or amended, there is hereby adopted
by reference as the building code of the city
that certain building code known as the inter-
national building code, 2018 edition, and as
published by the International Code Council,
Inc., and the provisions of such building code
shall be controlling in the construction of build-
ings and other structures and in all matters
covered by such building code within the cor-
porate limits of the city and shall be known as
the "Dubuque building code". A copy of the
international building code, 2018 edition, as
adopted, shall be on file in the office of the city
clerk for public inspection.
Section 2. Section 14-1A-2 of the City of
Dubuque Code of Ordinances is amended to
read as follows:
14-1A-2: INTERNATIONAL BUILDING CODE
AMENDMENTS:
The following additions, deletions, modifi-
cations, or amendments of the international
347 Regular Session September 3, 2019 Book 149
building code, 2018 edition, adopted in section
14-1A-1 of this article to read as follows:
Section 101.2. Scope. Amended to read:
Sec. 101.2 Scope. The provisions
of this code shall apply to the construc-
tion, alteration, moving, demolition, re-
pair, maintenance and use of any build-
ing or structure within this jurisdiction,
except work located primarily in a pub-
lic way, public utility towers and poles,
mechanical equipment not specifically
regulated in this code, and hydraulic
flood control structures.
For additions, alterations, moving
and maintenance of buildings and
structures, see 2018 international exist-
ing building code (IEBC). For tempo-
rary buildings and structures, see sec-
tion 3103 of the international building
code.
Where, in any specific case, differ-
ent sections of this code specify differ-
ent materials, methods of construction
or other requirements, the most restric-
tive shall govern. Where there is a con-
flict between a general requirement and
a specific requirement, the specific re-
quirement shall be applicable.
Wherever in this code reference is made to
the appendix, the provisions in the appendix
shall not apply unless specifically adopted.
. . . .
Section 105.5. Expiration. Amended to read:
Sec. 105.5 Expiration. Every permit
issued shall become invalid unless the
work on the site authorized by such
permit is completed within one year af-
ter its issuance, unless the building is
part of a project which, because of its
complexity or proportions, will require
more time, in which instance the build-
ing official may grant permits for the
project in phases. The building official
is authorized to grant, in writing and for
justifiable cause, a renewal of a permit
for two (2) successive periods of ninety
(90) days, for a period not to exceed
one-hundred eighty (180) days; provid-
ed, that a fee is paid for each renewal
as set by the city manager.
. . . .
Section 114. Violations. Amended to read:
Sec. 114.1 Unlawful Acts. It shall be
unlawful for any person, firm or corpo-
ration to erect, construct, enlarge, alter,
repair, move, improve, remove, convert
or demolish, equip, use, occupy or
maintain any building or structure or
cause or permit the same to be done in
violation of this code.
The doing of any act, or the omis-
sion of any act, declared to be unlawful
by this code, or any code or ordinance
herein adopted by reference shall be
deemed a separate offense for each
and every day or portion thereof during
which any such unlawful act is commit-
ted, continued or permitted and upon
conviction shall be punishable as pro-
vided in title 1 of the code of ordinanc-
es. The penalty herein provided shall
be cumulative with and in addition to
the revocation, cancellation or forfeiture
of any license or permit elsewhere in
this code provided for violation thereof.
A notice of violation is not required
in every situation and city staff may is-
sue a municipal infraction without pre-
viously issuing a notice of violation.
. . . .
Section 903.3.1.1.1. Exempt Locations.
Amended to read:
Sec. 903.3.1.1.1 Exempt Locations.
Automatic sprinklers shall not be re-
quired in the following rooms or areas
where such rooms or areas are pro-
tected with an approved automatic fire
detection system in accordance with
section 907.2 that will respond to visi-
ble or invisible particles of combustion.
Sprinklers shall not be omitted from a
room merely because it is damp, of fire-
resistance-rated construction or con-
tains electrical equipment.
1. A room where the application
of water, or flame and water, consti-
tutes a serious life or fire hazard.
2. A room or space where sprin-
klers are considered undesirable
because of the nature of the con-
tents, where approved by the fire
code official.
3. Generator and transformer
rooms separated from the remain-
der of the building by walls and
floor/ceiling or roof/ceiling assem-
blies having a fire-resistance rating
of not less than 2 hours.
4. Rooms or areas that are of
noncombustible construction with
wholly noncombustible contents.
5. Fire service access elevator
machine rooms and machinery
spaces.
6. Machine rooms, machinery
spaces, control rooms and control
spaces associated with occupant
evacuation elevators designed in
accordance with Section 3008.
7. Automatic sprinklers shall not
be installed in elevator machine
rooms, elevator machine spaces,
and elevator hoistways other than
pits where such sprinklers would
not necessitate shunt trip require-
ments under any circumstances.
348 Regular Session September 3, 2019 Book 149
Storage shall not be allowed within
the elevator machine room. Sign-
age shall be provided at the entry
doors to the elevator machine room
indicating "Elevator Machinery-No
Storage Allowed".
Section 3. This ordinance shall take effect
upon publication.
Passed, approved, and adopted this 3rd
day of September 2019.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 6th day of September 2019.
/s/Kevin S. Firnstahl, City Clerk
OFFICIAL PUBLICATION
ORDINANCE NO. 41-19
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 14 BUILDING AND
DEVELOPMENT, CHAPTER 1 BUILDING
CODES, ARTICLE B RESIDENTIAL CODE,
SECTIONS 14-1B-1 INTERNATIONAL RESI-
DENTIAL CODE ADOPTED AND 14-1B-2
INTERNATIONAL RESIDENTIAL CODE
AMENDMENTS
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 14-1B-1 of the City of
Dubuque Code of Ordinances is amended to
read as follows:
14-1B-1: INTERNATIONAL RESIDENTIAL
CODE ADOPTED:
Except as hereinafter added to, deleted,
modified, or amended, there is hereby adopted
by reference as the residential building code of
the city that certain building code known as the
international residential code, 2018 edition,
and as published by the International Code
Council, Inc., and the provisions of such build-
ing code shall be controlling in the construc-
tion, remodeling, maintenance, repair, and
reconstruction of one- and two-family residen-
tial buildings and in all matters covered by
such building code within the corporate limits
of the city and shall be known as the "Dubu-
que residential building code". A copy of the
international residential code, 2018 edition, as
adopted, shall be on file in the office of the city
clerk for public inspection.
Section 2. Section 14-1B-2 of the City of
Dubuque Code of Ordinances is amended to
read as follows:
14-1B-2: INTERNATIONAL RESIDENTIAL
CODE AMENDMENTS:
The following additions, deletions, modifi-
cations, or amendments of the international
residential code, 2018 edition, adopted in sec-
tion 14-1B-1 of this article to read as follows:
. . . .
Section R302.2.2.4 Parapets for Town-
houses. Deleted.
Section R302.2.5 Parapet Construction.
Deleted.
Section R310.1 Emergency Escape and
Rescue Opening Required. Amended to read:
Sec. R310.1. Emergency Escape
and Rescue Required. Basements,
habitable attics, and every sleeping
room shall have at least one (1) opera-
ble emergency escape and rescue
opening. Where basements contain
one or more sleeping rooms, emergen-
cy egress and rescue openings shall be
required in each sleeping room. Where
emergency escape and rescue open-
ings are provided, they shall have a sill
height of not more than 44 inches
(1118 mm) above the floor. The net
clear opening dimensions required by
this section shall be obtained by the
normal operation of the emergency es-
cape and rescue opening from the in-
side. Emergency escape and rescue
openings with a finished sill height be-
low the adjacent ground elevation shall
be provided with a window well in ac-
cordance with section R310.3.2. Emer-
gency escape and rescue openings
shall open directly into a public way, or
to a yard or court that opens to a public
way.
Exceptions:
1. Basements used only to
house mechanical equipment and
not exceeding total floor area of 200
square feet (18.58 m2).
2. Basements without bedrooms
that provide a second stairway that
terminates in a room separate from
the first stairway.
3. The finished sill height may
exceed 44 inches (1118 mm) above
the floor if approved by the code of-
ficial and the following conditions
are met:
a. The exterior finish grade is
more than 36 inches (914 mm)
above the interior floor level of the
room or altering the exterior config-
uration of the building would ad-
versely affect the historical signifi-
cance of the building.
b. A platform capable of sup-
porting a live load of 300 pounds
shall be permanently affixed at the
interior of the window. This platform
shall be no lower than 20 inches
(508 mm) above the floor and no
higher than 36 inches (914 mm)
above the floor. The distance from
the platform to the finished sill
height shall not exceed 36 inches
(914 mm). The platform shall ex-
tend outward from the wall a mini-
349 Regular Session September 3, 2019 Book 149
mum of 24 inches (610 mm) and
shall be at least as wide as the
clear openable width of the window.
c. The escape or rescue window
shall comply with section R310.2.
d. The building is equipped with
smoke detectors installed in ac-
cordance with section R314.
Section 310.2.5 Replacement Windows.
Amended to read:
Section R310.2.5 Replacement
windows. Replacement windows in-
stalled in buildings meeting the scope
of this code shall be exempt from the
maximum sill height requirements of
Section R310.2.2 and the requirements
of Section R310.2.1, provided that the
replacement window meets the follow-
ing conditions:
1. The replacement window is
the manufacturer's largest size win-
dow that will fit within the rough
opening. The replacement window
is of the same operating style as
the existing window or a style that
provides for an equal or greater
window opening area than the ex-
isting window.
2. The replacement window is
not part of a change of occupancy.
. . . .
Appendix A - Adopt
Appendix B - Adopt
Appendix C - Adopt
Appendix D - Do not adopt
Appendix E - Do not adopt
Appendix F - Do not adopt
Appendix G - Adopt
Appendix H - Do not adopt
Appendix I - Do not adopt
Appendix J - Do not adopt
Appendix K - Do not adopt
Appendix L - Do not adopt
Appendix M - Do not adopt
Appendix N - Adopt
Appendix O - Do not adopt
Appendix P - Adopt
Appendix Q - Do not adopt
Appendix R - Do not adopt
Appendix S - Do not adopt
Appendix T - Do not adopt
Section 3. This ordinance shall take effect
upon publication.
Passed, approved and adopted this 3rd day
of September 2019.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 6th day of September 2019.
/s/Kevin S. Firnstahl, City Clerk
OFFICIAL PUBLICATION
ORDINANCE NO. 42-19
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 14 BUILDING AND
DEVELOPMENT, CHAPTER 1 BUILDING
CODES, ARTICLE F MECHANICAL CODE,
SECTIONS 14-1F-1 INTERNATIONAL ME-
CHANICAL CODE ADOPTED AND SECTION
14-1F-2 INTERNATIONAL MECHANICAL
CODE AMENDMENTS
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 14-1F-1 of the City of
Dubuque Code of Ordinances is amended to
read as follows:
14-1F-1: INTERNATIONAL MECHANICAL
CODE ADOPTED:
Except as hereinafter added to, deleted,
modified or amended, there is hereby adopted
by reference as the mechanical code of the
city that certain mechanical code known as the
international mechanical code, 2018 edition,
and the provisions of such mechanical code
shall be controlling for the installation, mainte-
nance and use of heating, ventilating, cooling,
refrigeration systems, incinerators and other
miscellaneous heat producing appliances with-
in the corporate limits of the city and shall be
known as the Dubuque mechanical code. A
copy of the international mechanical code,
2018 edition, as adopted, shall be on file in the
office of the city clerk for public inspection.
Section 2. Section 14-1F-2 of the City of
Dubuque Code of Ordinances is amended to
read as follows:
14-1F-2: INTERNATIONAL MECHANICAL
CODE AMENDMENTS:
The following additions, deletions, modifi-
cations, or amendments of the international
mechanical code, 2018 edition, adopted in
section 14-1F-1 of this article to read as fol-
lows:
Section 108 Violations. Amended to read:
Section 108. Violations and Penal-
ties. It shall be unlawful for any person,
firm, or corporation to erect, construct,
enlarge, alter, repair, move, improve,
remove, convert, or demolish, equip,
use, occupy, or maintain any building
or structure or cause or permit the
same to be done in violation of this
code.
The doing of any act, or the omis-
sion of any act, declared to be unlawful
by this code, or any code or ordinance
herein adopted by reference shall be
deemed a separate offense for each
and every day or portion thereof during
which any such unlawful act is commit-
ted, continued or permitted and upon
conviction shall be punishable as pro-
vided in title 1 of the code of ordinanc-
350 Regular Session September 3, 2019 Book 149
es. The penalty herein provided shall
be cumulative with and in addition to
the revocation, cancellation or forfeiture
of any license or permit elsewhere in
this code provided for violation thereof.
A notice of violation is not required
in every situation and city staff may is-
sue a municipal infraction without pre-
viously issuing a notice of violation.
Section 109 Means of Appeal. Amended to
read:
See city of Dubuque code of ordinanc-
es section 14-1F-4.
Section 202 Definitions. Amendment to "build-
ing official" and inclusion of "code official":
Building Official. See "Code Official".
Code Official. The officer or other des-
ignated authority charged with the admin-
istration and enforcement of this code, or a
duly authorized representative. Any refer-
ence to "building official" in this code refers
to "code official".
Section 3. This ordinance shall take effect
upon publication.
Passed, approved and adopted this 3rd day of
September 2019.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 6th day of September 2019.
/s/Kevin S. Firnstahl, City Clerk
OFFICIAL PUBLICATION
ORDINANCE NO. 43-19
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 14 BUILDING AND
DEVELOPMENT, CHAPTER 1 BUILDING
CODES, ARTICLE G FUEL GAS CODE,
SECTIONS 14-1G-1 FUEL GAS CODE
ADOPTED AND 14-1G-2 FUEL GAS CODE
AMENDMENTS
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 14-1G-1 of the City of
Dubuque Code of Ordinances is amended to
read as follows:
14-1G-1: FUEL GAS CODE ADOPTED:
Except as hereinafter added to, deleted,
modified or amended, there is hereby adopted
by reference as the fuel gas code of the city
that certain fuel gas code known as the inter-
national fuel gas code, 2018 edition, as pre-
pared and edited by the International Code
Council (ICC), and the provisions of such fuel
gas code shall be controlling for the installa-
tion, maintenance and use of fuel gas piping
systems, fuel gas utilization equipment, gase-
ous hydrogen systems and related accesso-
ries within the corporate limits of the city and
shall be known as the Dubuque fuel gas code.
A copy of the international fuel gas code, 2018
edition, as adopted, shall be on file in the office
of the city clerk for public inspection.
Section 2. Section 14-1G-2 of the City
of Dubuque Code of Ordinances is
amended to read as follows:
14-1G-2: FUEL GAS CODE AMENDMENTS:
The following additions, deletions, mod-
ifications, or amendments of the interna-
tional fuel gas code, 2018 edition, adopted
in section 14-1G-1 of this article to read as
follows:
Section 108.2 amended to read:
Notice Of Violation. The code official shall
serve a notice of violation or order to the per-
son responsible for the erection, installation,
alteration, extension, repair, removal or demo-
lition of work in violation of the provisions of
this code, or in violation of a detail statement
or the approved construction documents
thereunder, or in violation of a permit or certifi-
cate issued under the provisions of this code.
Such order shall direct the discontinuance of
the illegal action or condition and the abate-
ment of the violation.
A notice of violation is not required in every
situation and city staff may issue a municipal
infraction without previously issuing a notice of
violation.
Sections 109.1 through 109.7 replaced with
city of Dubuque code of ordinances section
14-1F-4.
Section 202 General Definitions. Amendment
to "building official" and inclusion of "code offi-
cial":
Building Official. See "Code Official".
Code Official. The officer or other des-
ignated authority charged with the admin-
istration and enforcement of this code, or a
duly authorized representative. Any refer-
ence to "building official" in this code refers
to "code official".
Sections 406.4.1 Test Pressure and 406.4.2
Test Duration are deleted and replaced with
the following:
The test pressure to be used shall be
15 psi for 15 minutes with a 30-psi gauge
maximum one-pound increments on all
natural and LP fuel gas piping systems of 2
psi or less. For fuel piping systems, greater
than 2 psi the test pressure shall be 50 psi
for 30 minutes with a 100-psi gauge maxi-
mum 2-pound increments.
Appendix A – Adopt
Appendix B – Adopt
Appendix C – Adopt
Appendix D – Do not adopt
Section 3. This ordinance shall take effect
upon publication.
Passed, approved, and adopted this 3rd
day of September 2019.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
351 Regular Session September 3, 2019 Book 149
Published officially in the Telegraph Herald
newspaper on the 6th day of September 2019.
/s/Kevin S. Firnstahl, City Clerk
OFFICIAL PUBLICATION
ORDINANCE NO. 44-19
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 14 BUILDING AND
DEVELOPMENT, CHAPTER 1 BUILDING
CODES, ARTICLE H PLUMBING CODE,
SECTIONS 14-1H-1 INTERNATIONAL
PLUMBING CODE ADOPTED AND 14-1H-2
INTERNATIONAL PLUMBING CODE
AMENDMENTS
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 14-1H-1 of the City of
Dubuque Code of Ordinances is amended to
read as follows:
14-1H-1: INTERNATIONAL PLUMBING
CODE ADOPTED:
Except as hereinafter added to, deleted,
modified or amended, there is hereby adopted
by reference as the plumbing code of the city
that certain plumbing code known as the inter-
national plumbing code, 2018 edition, pub-
lished by the International Code Council, and
the provisions of such plumbing code shall be
controlling for the installation, alteration, repair,
relocation, replacement, addition to and use or
maintenance of plumbing equipment and sys-
tems in all matters covered by such plumbing
code within the corporate limits of the city and
shall be known as the Dubuque plumbing
code. A copy of the international plumbing
code, 2018 edition, as adopted, shall be on file
in the office of the city clerk for public inspec-
tion.
Section 2. Section 14-1H-2 of the City
of Dubuque Code of Ordinances is
amended to read as follows:
14-1H-2: INTERNATIONAL PLUMBING
CODE AMENDMENTS:
The following additions, deletions, modifi-
cations, or amendments of the international
plumbing code, 2018 edition, adopted in sec-
tion 14-1H-1 of this article to read as follows:
. . . .
Section 106.6.1 Work Commencing Before
Permit Issuance. Amended to read:
Sec. 106.6.1. Work Without A Permit.
(1) Investigation. Whenever any
work for which a permit is required by
this code has been commenced without
first obtaining said permit, a special in-
vestigation shall be made before a
permit may be issued for such work.
(2) Fee. An investigation fee, in ad-
dition to the permit fee, shall be collect-
ed. The investigation fee shall be equal
to the amount of the permit fee that
would be required by this code if a
permit were to be issued or seventy-
five dollars ($75.00), whichever is
greater. The payment of such investi-
gation fee shall not exempt any person
from compliance with all other provi-
sions of this code nor from any penalty
prescribed by law.
. . . .
Section 3. This ordinance shall take effect
upon publication.
Passed, approved, and adopted this 3rd
day of September 2019.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 6th day of September 2019.
/s/Kevin S. Firnstahl, City Clerk
OFFICIAL PUBLICATION
ORDINANCE NO. 45-19
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 14 BUILDING AND
DEVELOPMENT, CHAPTER 1 BUILDING
CODES, ARTICLE J PROPERTY MAINTE-
NANCE CODE, SECTIONS 14-1J-1 INTER-
NATIONAL PROPERTY MAINTENANCE
CODE ADOPTED AND 14-1J-2 INTERNA-
TIONAL PROPERTY MAINTENANCE CODE
AMENDMENTS
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 14-1J-1 of the City
of Dubuque Code of Ordinances is
amended to read as follows:
14-1J-1: INTERNATIONAL PROPERTY
MAINTENANCE CODE ADOPTED:
That a certain document, copies of which
are on file in the office of the building services
department and housing and community de-
velopment department, being marked and des-
ignated as the international property mainte-
nance code, 2018 edition, as published by the
International Code Council, be and is hereby
adopted as the property maintenance code of
the city of Dubuque, in the state of Iowa for
regulating and governing the conditions and
maintenance of all property, buildings and
structures; by providing the standards for sup-
plied utilities and facilities and other physical
things and conditions essential to ensure that
structures are safe, sanitary and fit for occupa-
tion and use; and the condemnation of build-
ings and structures unfit for human occupancy
and use, and the demolition of such existing
structures as herein provided; providing for the
issuance of permits and collection of fees
therefor; and each and all of the regulations,
provisions, penalties, conditions and terms of
said property maintenance code on file in the
offices of the building services and housing
and community development departments are
hereby referred to, adopted, and made a part
352 Regular Session September 3, 2019 Book 149
hereof, as if fully set out in this legislation, with
the additions, insertions, deletions and chang-
es, if any, prescribed in section 14-1J-2 of this
article.
Section 2. Section 14-1J-2 of the City
of Dubuque Code of Ordinances is
amended to read as follows:
14-1J-2: INTERNATIONAL PROPERTY
MAINTENANCE CODE AMENDMENTS:
The following additions, deletions, modifi-
cations, or amendments of the international
property maintenance code, 2018 edition,
adopted in section 14-1J-1 of this article to
read as follows:
. . . .
Section 103.5. Fees. Amended to read:
103.5. Fees. The fees for activities and
services performed by the housing and com-
munity development department and building
services department will be established by the
city council.
. . . .
Section 303.2. Enclosures. Amended to read:
303.2 Enclosures. Private swimming
pools, hot tubs, and spas, capable of con-
taining water more than 24 inches (610
mm) in depth shall be completely sur-
rounded by a fence or barrier not less than
48 inches (1219 mm) in height above the
finished ground level measured on the side
of the barrier away from the pool. Gates
and doors in such barriers shall be self -
closing and self-latching. Where the self-
latching device is less than 54 inches
(1372 mm) above the bottom of the gate,
the release mechanism shall be located on
the pool side of the gate. Self-closing and
self-latching gates shall be maintained
such that the gate will positively close and
latch when released from an open position
of 6 inches (152 mm) from the gatepost.
An existing pool enclosure shall not be re-
moved, replaced, or changed in a manner
that reduces its effectiveness as a safety
barrier.
Section 304.2. Protective Treatment. Amended
to read:
304.2. Protective Treatment. Exterior
surfaces, including but not limited to,
doors, door and window frames, cornices,
porches, trim, balconies, decks and fences,
shall be maintained in good condition. Ex-
terior wood surfaces, other than decay -
resistant woods, shall be protected from
the elements and decay by painting or oth-
er protective covering or treatment. Peel-
ing, flaking and chipped paint shall be elim-
inated, and surfaces repainted. Siding and
masonry joints, as well as those between
the building envelope and the perimeter of
windows, doors and skylights, shall be
maintained weather resistant and water
tight. Metal surfaces subject to rust or cor-
rosion shall be coated to inhibit such rust
and corrosion. Oxidation stains and rust
shall be removed from exterior surfaces
when oxidation stains or rust compromises
the function of the building component to
perform as designed. Surfaces designed
for stabilization by oxidation are exempt
from this requirement.
. . . .
Section 3. This ordinance shall take effect
upon publication.
Passed, approved, and adopted this 3rd
day of September 2019.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 6th day of September 2019.
/s/Kevin S. Firnstahl, City Clerk
OFFICIAL PUBLICATION
ORDINANCE NO. 46-19
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 14 BUILDING AND
DEVELOPMENT, CHAPTER 1 BUILDING
CODES
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Title 14, Chapter 1 of the City of
Dubuque Code of Ordinances is amended by
adding the following Article:
ARTICLE K. INTERNATIONAL EXISTING
BUILDING CODE
14-1K-1: INTERNATIONAL EXISTING BUILD-
ING CODE ADOPTED:
Except as hereinafter added to, deleted,
modified or amended, there is hereby adopted
by reference as the existing building code of
the city that certain existing building code
known as the international existing building
code, 2018 edition, published by the Interna-
tional Code Council, and the provisions of
such existing building code shall be controlling
for all matters covered by such existing build-
ing code within the corporate limits of the city
and shall be known as the Dubuque existing
building code. A copy of the international exist-
ing building code, 2018 edition, as adopted,
shall be on file in the office of the city clerk for
public inspection.
14-1K-2: INTERNATIONAL EXISTING BUILD-
ING CODE AMENDMENTS:
The following additions, deletions, modifi-
cations, or amendments of the international
existing building code, 2018 edition, adopted in
section 14-1K-1 of this article to read as fol-
lows:
Section 101.1 Title. Insert: City of Dubuque
Section 505.3 Replacement window emer-
gency escape and rescue opening. Amended
to read:
Section 505.3 Replacement window
emergency escape and rescue opening.
353 Regular Session September 3, 2019 Book 149
Where windows are required to provide
emergency escape and rescue openings in
Group R-2 and R-3 occupancies and one-
and two-family dwellings and townhouses
regulated by the International Residential
Code, replacement windows shall be ex-
empt from the requirements of Sections
1030.2, 1030.3 and 1030.4 of the Interna-
tional Building Code and Sections
R310.2.1, R310.2.2 and R310.2.3 of the In-
ternational Residential Code, provided that
the replacement window meets the follow-
ing conditions:
1. The replacement window is the
manufacturer’s largest size window that
will fit within the existing rough opening.
The replacement window shall be per-
mitted to be of the same operating style
as the existing window or a style that
provides for an equal or greater window
opening area than the existing window.
Section 702.5 Replacement window emergen-
cy escape and rescue opening. Amended to
read:
Section 702.5 Replacement window emer-
gency escape and rescue opening.
Where windows are required to provide
emergency escape and rescue openings in
Group R-2 and R-3 occupancies and one-
and two-family dwellings and townhouses
regulated by the International Residential
Code, replacement windows shall be ex-
empt from the requirements of Sections
1030.2, 1030.3 and 1030.4 of the Interna-
tional Building Code and Sections
R310.2.1, R310.2.2 and R310.2.3 of the In-
ternational Residential Code, provided that
the replacement window meets the follow-
ing conditions:
1. The replacement window is the
manufacturer’s largest size window that
will fit within the existing rough opening.
The replacement window shall be per-
mitted to be of the same operating style
as the existing window or a style that
provides for an equal or greater window
opening area than the existing window.
Section 2. This ordinance shall take effect
upon publication.
Passed, approved, and adopted this 3rd
day of September 2019.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 6th day of September 2019.
/s/Kevin S. Firnstahl, City Clerk
OFFICIAL PUBLICATION
ORDINANCE NO. 47-19
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 14 BUILDING AND
DEVELOPMENT, CHAPTER 1 BUILDING
CODES, ARTICLE E FIRE CODE AND REG-
ULATIONS, SECTION 14-1E-1 INTERNA-
TIONAL FIRE CODE ADOPTED AND 14-1E-
2 INTERNATIONAL FIRE CODE AMEND-
MENTS
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 14-1E-1 of the City
of Dubuque Code of Ordinances is
amended to read as follows:
14-1E-1: INTERNATIONAL FIRE CODE
ADOPTED:
Except as hereinafter added to, deleted,
modified or amended, the international fire
code, 2018 edition, as promulgated by the
International Code Council, is hereby adopted
by reference from the effective date hereof.
A copy of the international fire code, 2018
edition, is on file at the fire headquarters for
public inspection.
Section 2. Section 14-1E-2 of the City
of Dubuque Code of Ordinances is
amended to read as follows:
14-1E-2: INTERNATIONAL FIRE CODE
AMENDMENTS:
The following additions, deletions, modifi-
cations, or amendments of the international
fire code, 2018 edition, adopted in section 14-
1E-1 of this article to read as follows:
Section 102.6 Historic Buildings. Amended to
read:
102.6 Historic Buildings. Repairs,
alterations and additions necessary for
the preservation, restoration, rehabilita-
tion, continued use or change of use of
a historic building may be made in
compliance with the provisions of the
uniform code for building conservation
(UCBC) or title 14, chapter 5 of the city
of Dubuque code of ordinances.
Where, in any specific case, differ-
ent sections of this code specify differ-
ent materials, methods of construction
or other requirements, the most restric-
tive shall govern. Where there is a con-
flict between a general requirement and
a specific requirement, the specific re-
quirement shall be applicable.
Wherever in this code reference is
made to the appendix, the provisions in
the appendix shall not apply unless
specifically adopted.
Section 105 Permits. Amended to read:
105 Permits Required. It shall be
unlawful for any person, firm or corpo-
ration to use a building or premises or
engage in any activities for which a
permit is required by the code of ordi-
nances without first having obtained
such permit.
Section 109.1 through 109.3 replaced with city
of Dubuque code of ordinances section 14-1A-
6.
354 Regular Session September 3, 2019 Book 149
Section 110.3 Notice of Violation. Deleted.
Section 202 Definitions. Inclusion of "code
official" and “novelty”:
Code Official. The officer or other
designated authority charged with the
administration and enforcement of this
code, or a duly authorized representa-
tive. Any reference to "official" in this
code refers to "code official".
Novelty. A device containing small
amounts of pyrotechnic and/or explo-
sive composition but does not fall under
the category of consumer fireworks.
Such devices produce limited visible or
audible effects. Examples are spar-
klers, snakes, tanks, poppers, and
snappers.
Section 308.1.4 Open-flame cooking devices.
Amended to read:
Charcoal burners and other open-
flame cooking devices shall not be lo-
cated, stored or operated on combus-
tible balconies or within 10 feet (3048
mm) of combustible construction. Ex-
ceptions: One- and two-family dwell-
ings. Where buildings, balconies and
decks are protected by an automatic
sprinkler system. LP-gas cooking de-
vices having LP-gas container with a
water capacity not greater than 2 ½
pounds [nominal 1-pound (0.454 kg)
LP-gas capacity].
Section 308.1.6.3 Sky Lanterns. Amended to
read:
308.1.6.3 Free Floating Devices. A
person shall not release or cause to be
released untethered free-floating de-
vices containing an open flame or other
heat source, such as but not limited to
a sky lantern.
Section 308.3 Group A occupancies. Amended
to read:
Open-flame devices and novel-
ties, including sparklers, snakes,
tanks, poppers, and snappers shall
not be used in or on the grounds of
a Group A occupancy.
Exceptions: Open-flame devices
are allowed to be used in the follow-
ing situations, provided that ap-
proved precautions are taken to
prevent ignition of a combustible
material or injury to occupants:
1. Where necessary for cere-
monial or religious purposes in ac-
cordance with Section 308.1.7.
2. On stages and platforms as a
necessary part of a performance in
accordance with Section 308.3.2.
3. Where candles on tables are
securely supported on substantial
noncombustible bases and the
candle flames are protected.’
4. Heat-producing equipment
complying with Chapter 6 and the
International Mechanical Code.
5. Gas lights are allowed to be
used provided that adequate pre-
cautions satisfactory to the fire code
official are taken to prevent ignition
of combustible materials.
Section 311.1.1 Abandoned Premises.
Amended to read:
311.1.1 Abandoned Premises.
Buildings, structures and premises for
which an owner cannot be identified or
located by dispatch of a certificate of
mailing to the last known or registered
address, which persistently or repeat-
edly become unprotected or unse-
cured, which have been occupied by
unauthorized persons or for illegal pur-
poses, or which present a danger of
structural collapse or fire spread to ad-
jacent properties shall be considered
abandoned, declared unsafe and abat-
ed by demolition or rehabilitation in ac-
cordance with the international property
maintenance code and the international
building code as they are adopted by
the city of Dubuque in title 14, chapter
1.
Section 505 Premises Identification. Amended
to read:
505.1 Address Identification. New
and existing buildings shall be provided
with approved address identification.
The address identification shall be legi-
ble and placed in a position that is visi-
ble from the street or road fronting the
property. Address identification charac-
ters shall contrast with their back-
ground. Address numbers shall be Ar-
abic numbers or alphabetical letters.
Numbers shall not be spelled out. Each
character shall be not less than 4 inch-
es (102 mm) high with a minimum
stroke width of 1/2 inch (12.7 mm).
Where required by the fire code official,
address identification shall be provided
in additional approved locations to facil-
itate emergency response. Where ac-
cess is by means of a private road and
the building cannot be viewed from the
public way, a monument, pole or other
sign or means shall be used to identify
the structure. Address identification
shall be maintained.
505.1.1 Interior room numbers.
New and existing buildings shall have
an approved room and suite numbers
identification placed in positions that
are plainly legible and visible. Numbers
shall contrast with their background.
Section 506.1 Where Required. Amended to
read:
355 Regular Session September 3, 2019 Book 149
506.1 Where Required. An ap-
proved key box shall be required on all
commercial and residential structures
that contain off-site monitored fire
alarm and/or sprinkler systems or
where access to or within a structure or
an area is restricted because of se-
cured openings. Where immediate ac-
cess is necessary for lifesaving or fire-
fighting purposes, the fire code official
is authorized to require a key box to be
installed in an approved location. The
key box shall be of an approved type
listed in accordance with UL 1037, and
shall contain keys to gain necessary
access as required by the fire code of-
ficial.
Section 607.2 Where Required. Amended to
read:
607.2 Where Required. A type I
hood shall be installed at or above all
commercial cooking appliances and
domestic cooking appliances used for
commercial purposes that produce
grease vapors, including but not limited
to cooking equipment used in fixed,
mobile, or temporary concessions,
such as trucks, buses, trailers, pavil-
ions, or any form of roofed enclosure,
as required by the fire code official.
Exceptions:
1. Factory-built commercial ex-
haust hoods that are listed and la-
beled in accordance with UL 710,
and installed in accordance with
Section 304.1 of the International
Mechanical Code, shall not be re-
quired to comply with Sections
507.1.5, 507.2.3.
2. Factory-built commercial
cooking recirculating systems that
are listed and labeled in accord-
ance with UL 710B, and installed in
accordance with Section 304.1 of
the International Mechanical Code,
shall not be required to comply with
Sections 507.
3. Where cooking appliances
are equipped with integral down-
draft exhaust systems and such
appliances and exhaust systems
are listed and labeled for the appli-
cation in accordance with NFPA 96,
a hood shall not be required at or
above them.
4. A type I hood shall not be re-
quired for an electric cooking appli-
ance where an approved testing
agency provides documentation
that the appliance effluent contains
5 mg/m3 or less of grease when
tested at an exhaust flow rate of
500 cfm (0.236 m3/s) in accordance
with UL 710B.
Section 607.7 Elevator key location. Amended
to read:
607.7 Elevator Key Box Installation
Where Required. An approved key box
shall be required on all new and exist-
ing commercial and residential struc-
tures that contain an elevator. Keys for
the elevator car doors and firefighter
service keys shall be kept in an ap-
proved elevator key box in a location
for immediate use by the fire depart-
ment. The key box shall be compatible
with an existing rapid entry key box
system in use in the jurisdiction and
approved by the fire code official. The
key box shall be mounted at each ele-
vator bank at the lobby nearest to the
lowest level of fire department access.
The key box shall be mounted 5 feet 6
inches (1676 mm) above the finished
floor to the right side of the elevator
bank. Contents of the key box are lim-
ited to fire service elevator keys, eleva-
tor access tools and information perti-
nent to emergency planning. In build-
ings with two or more elevator banks, a
single key box shall be permitted to be
used where such elevator banks are
separated by not more than 30 feet
(9144 mm). Additional key boxes shall
be provided for each individual elevator
or elevators.
Section 903.3.1.1.1 Exempt Locations.
Amended to read:
903.3.1.1.1 Exempt Locations. Au-
tomatic sprinklers shall not be required
in the following rooms or areas where
such rooms or areas are protected with
an approved automatic fire detection
system in accordance with section
907.2 that will respond to visible or in-
visible particles of combustion. Sprin-
klers shall not be omitted from a room
merely because it is damp, of fire-
resistance-rated construction or con-
tains electrical equipment.
1. A room where the application
of water, or flame and water, consti-
tutes a serious life or fire hazard.
2. A room or space where sprin-
klers are considered undesirable
because of the nature of the con-
tents, where approved by the fire
code official.
3. Generator and transformer
rooms separated from the remain-
der of the building by walls and
floor/ceiling or roof/ceiling assem-
blies having a fire-resistance rating
of not less than 2 hours.
356 Regular Session September 3, 2019 Book 149
4. Rooms or areas that are of
noncombustible construction with
wholly noncombustible contents.
5. Fire service access elevator
machine rooms and machinery
spaces.
6. Automatic sprinklers shall not
be installed in elevator machine
rooms, elevator machine spaces,
and elevator hoistways other than
pits where such sprinklers would
not necessitate shunt trip require-
ments under any circumstances.
Storage shall not be allowed within
the elevator machine room. Sign-
age shall be provided at the entry
doors to the elevator machine room
indicating "Elevator Machinery-No
Storage Allowed".
7. Machine rooms, machinery
spaces, control rooms and control
spaces associated with occupant
evacuation elevators designed in
accordance with Section 3008 of
the International Building Code. Au-
tomatic sprinklers shall not be in-
stalled in elevator hoistways other
than pits where such sprinklers
would not necessitate shunt trip re-
quirements under any circumstanc-
es.
Section 1028.5 Access to A Public Way.
Amended to read:
1028.5 Access to A Public Way.
The exit discharge pathway shall be
hard surfaced and provide a direct and
unobstructed access to a public way.
Exception: Where access to a pub-
lic way cannot be provided, a safe dis-
persal area shall be provided where all
of the following are met:
1. The area shall be of a size to
accommodate not less than 5
square feet (0.46 m2) for each per-
son.
2. The area shall be located on
the same lot not less than 50 feet
(15,240 mm) away from the building
requiring egress.
3. The area shall be permanent-
ly maintained and identified as a
safe dispersal area.
4. The area shall be provided
with a safe and unobstructed path
of travel from the building.
Appendix A – Do not adopt
Appendix B – Adopt
Appendix C – Adopt
Appendix D – Adopt
Appendix E – Do not adopt
Appendix F – Do not adopt
Appendix G – Do not adopt
Appendix H – Do not adopt
Appendix I – Do not adopt
Appendix J – Do not adopt
Appendix K – Do not adopt
Appendix L – Do not adopt
Appendix M – Do not adopt
Section 3. This ordinance shall take effect
upon publication.
Passed, approved and adopted this 3rd day of
September 2019.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 6th day of September 2019.
/s/Kevin S. Firnstahl, City Clerk
8. Fiscal Year 2020 Commercial Building
Permit Fee Schedule Amendment: City Man-
ager recommended approval to amend the
Fiscal Year 2020 Commercial Fee Schedule
for the Building Services Department, that ad-
justs the base fee for projects exceeding
$500,000 from $2,666 to $2,771. Motion by
Resnick to receive and file the documents and
approve the recommendation. Seconded by
Del Toro. Responded into questions from the
City Council, Building Services Manager Dave
Johnson explained the reasoning behind the
recalculation of the fee, what resources/staff
time are involved with review of projects, and
what the department is doing to expedite the
process. City Manager Van Milligen stated that
the Building Services Department is 87% self-
supporting. City Attorney Brumwell added that
state law prohibits charging fees above actual
costs. Motion carried 6-0.
9. Travel Dubuque Fiscal Year 2019 Annu-
al Report: City Manager provided a copy of the
Fiscal Year 2019 Annual Report from Travel
Dubuque. Motion by Resnick to receive and
file the documents. Seconded by Jones. Mo-
tion carried 6-0.
10. Third Ward Council Member Vacancy:
City Attorney submitted information related to
filling the Council Member vacancy for the
Third Ward. Motion by Jones to receive and
file the documents and adopt Resolution No.
328-19 Intent to fill a vacancy in the Office of
Third Ward City Council Member by appoint-
ment until a new Third Ward Council Member
is elected and takes the Oath of Office follow-
ing the November 2019 special election. Se-
conded by Resnick. Motion carried 6-0.
RESOLUTION NO. 328-19
INTENT TO FILL A VACANCY IN THE OF-
FICE OF THIRD WARD CITY COUNCIL
MEMBER BY APPOINTMENT UNTIL A NEW
THIRD WARD CITY COUNCIL IS ELECTED
AND TAKES THE OATH OF OFFICE FOL-
LOWING THE NOVEMBER 2019 SPECIAL
ELECTION
357 Regular Session September 3, 2019 Book 149
Whereas, there is a vacancy in the Office
of City Council Member for the Third Ward;
and
Whereas, Iowa Code §372.13(2)(a) allows
the vacancy to be filled by appointment by the
remaining members of the council for a period
until the next pending election which is No-
vember 5, 2019; and
Whereas, the council must publish notice
in the manner prescribed by Iowa code
§362.3, stating that the council intends to fill
the vacancy by appointment but that the elec-
tors of the ward have the right to file a petition
requiring that the vacancy be filled by a special
election; and
Whereas, the council has elected to fill the
vacancy in the Office of City Council Member
for the Third Ward by appointment until the
next pending election which is November 5,
2019.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, AS FOLLOWS:
Section 1 The council hereby elects to fill
the vacancy in the Office of City Council Mem-
ber for the Third Ward by appointment until the
next pending election on November 5, 2019,
following the publication of the required notice.
Section 2 The City Clerk is directed to pub-
lish the attached notice in the manner pre-
scribed by Iowa Code §362.3.
Passed, approved, and adopted this 3rd
day of September 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
11. Southwest Arterial Construction Update
Video: Cable TV Division presented a video of
the recent progress of the Southwest Arterial
Project (August 2019). Motion by Jones to
receive and file the documents and view the
video. Seconded by Resnick. Following the
video, Assistant City Engineer Bob Schiesl
responded to questions regarding IDOT’s
choice to use hot-mix asphalt in some areas
while using concrete paving in other areas.
Motion carried 6-0.
12. Bee Branch Railroad Culverts Kick-Off
Video: The Cable TV Division presented the
video from the August 8, 2019 Bee Branch
Railroad Culverts Project Kick-Off. Motion by
Shaw to receive and file the documents and
view the video. Seconded by Resnick. Motion
carried 6-0.
COUNCIL MEMBER REPORTS
Council Member Resnick reported on be-
half of a resident of Camelot Court regarding
the poor condition of the street and when it
might be scheduled for repair.
Council Member Jones reported on the
Labor Day Parade sponsored by the United
Labor Participation Committee and the pres-
ence of the Dubuque Federation of Labor.
Council Member Del Toro reported on the
opening of the new skate park and congratu-
lated everyone involved for making the project
come to fruition. Mr. Del Toro began voicing
his support of appointing former Council Mem-
ber Kate Larson as interim Third Ward repre-
sentative. Mayor Buol stated that the topic was
not appropriate for Council Member Reports
and called for adjournment.
There being no further business, Council
Member Resnick moved to adjourn at 7:58
p.m. Seconded by Jones. Motion carried 6-0.
/s/Kevin S. Firnstahl, CMC, City Clerk
358 Special Session September 9, 2019 Book 149
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special
session at 6:00 p.m. on September 9, 2019 in
the second-floor Council Chambers of the His-
toric Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Del
Toro (Joined at 6:04 p.m.), Jones, 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
the Inclusive Dubuque Quarterly Report.
WORK SESSION
Inclusive Dubuque Quarterly Report
Collins Eboh, Equity Coordinator for the
Community Foundation of Greater Dubuque,
700 Locust Street, introduced the work session
and the other presenters: Paul Duster, Angie
Brandel, Geri Shafer and Kelly Larson. Topic
included:
• Description of 3 impact areas: Academ-
ic achievement, equity and inclusion,
economic development
• Barriers to success: Poverty (Project
HOPE) with focus on race and equity
(Inclusive Dubuque)
• Network Partner meeting update
• Website update: Resources, events,
network partner updates
• Advancing equity report
• Best practices in diversity, equity and
inclusion training series
• Business Leader Equity Cohort Goals
o Foster an inclusive workplace that
supports recruitment and retention
▪ Strengthen partnership with ed-
ucation
▪ Expand to address community,
systemic-level issues
• Master in Management Organizational
Diversity and Inclusion Leadership
• Arts & Culture Sector Group
o Dubuque’s equity profile
o Master Plan for Arts and Culture
Task Force
o Mission: Accessibility, equity and
inclusion
▪ Input, guidance, professional
development
o Fountain of Youth Event (Septem-
ber 14, 2019, Dubuque)
• Vision Statement
• Race in the Heartland Conference and
schedule (October 18-19, 2019, Dubu-
que hosting).
www.raceintheheartland.org
The presenters responded to questions
from the City Council following the presenta-
tion.
There being no further business, upon mo-
tion the City Council adjourned at 6:30 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
359 Regular Session September 16, 2019 Book 149
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular
session at 6:00 p.m. on September 16, 2019 in
the second-floor Council Chambers of the His-
toric Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Del
Toro, Jones, Resnick, Rios, Shaw; City Man-
ager 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. Iowa D.A.R.E Officers Association
Award: The 2019 Iowa D.A.R.E Officers Asso-
ciation 5-Star Volunteer Award was presented
to Michael Duehr of the Fraternal Order of
Eagles by Police Chief Mark Dalsing, City of
Dubuque D.A.R.E. Officer Police Officer Rick
Fullmer and Dubuque County D.A.R.E Officer
Sheriff's Deputy Sara Jenaman.
PROCLAMATION(S)
1. Days of Peace and Nonviolence (Sep-
tember 17-29, 2019) was accepted by Barbara
Ilton, Chair of the Days of Peace Committee
and Committee Members RRS Stewart and Art
Roche.
2. Rail Safety Week (September 22-28,
2019) was accepted by Assistant City Engi-
neer Bob Schiesl.
3. Crop Walk Day (October 6, 2019): was
accepted by Co-Chair Sara McCaw of Dubu-
que Area Congregations United.
4. Brain Health Awareness Month (October
2019) was accepted by Clara Capron and
Debbie Butler of the Brain Health Now Com-
mittee.
CONSENT ITEMS
Motion by Resnick to receive and file the
documents, adopt the resolutions, and dispose
of as indicated. Seconded by Jones. Motion
carried 6-0.
1. Minutes and Reports Submitted: Arts
and Cultural Affairs Advisory Commission of
8/27; City Council Proceedings of 9/3, 9/9;
Cable TV Commission of 9/4; Housing Com-
mission of 8/27; Library Board of Trustees of
7/25; Zoning Advisory Commission of 9/4;
Zoning Board of Adjustment of 8/22; Proof of
Publication for City Council Proceedings of
8/12, 8/13, 8/14, 8/19. Upon motion the docu-
ments were received and filed.
2. Notice of Claims and Suits: Ronald Bahr
for vehicle damage, Alec Lee Benson for vehi-
cle damage, Michael Dorr for vehicle damage,
Keaton Kephart for vehicle damage, Michael
and Jill Pankow for property damage, Christy
Reed for property damage. Upon motion the
documents were received, filed, and referred
to the City Attorney.
3. Disposition of Claims: City Attorney ad-
vising that the following claims have been re-
ferred to Public Entity Risk Services of Iowa,
the agent for the Iowa Communities Assurance
Pool: Ronald Bahr for vehicle damage, Alec
Lee Benson for vehicle damage, Michael Dorr
for vehicle damage, Keaton Kephart for vehicle
damage, Michael and Jill Pankow for property
damage, Christy Reed for property damage.
Upon motion the documents were received,
filed, and concurred.
4. Approval of City Expenditures: City
Manager recommended City Council approval
for payment of City expenditures. Upon motion
the documents were received and filed, and
Resolution No. 329-19 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 was adopted.
RESOLUTION NO. 329-19
AUTHORIZING THE DIRECTOR OF FI-
NANCE 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 req-
uisitioned for a lawful municipal purpose; and
360 Regular Session September 16, 2019 Book 149
Whereas, the Finance Director-City Treas-
urer 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 pay-
ment 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 requested
by designated requisitioning authorities in ac-
cordance with approved budget appropria-
tions.
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 16th
day of September 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. Fiscal Year 2019 State of Iowa Street
Financing Report: City Manager recommended
approval of the City of Dubuque’s Fiscal Year
2019 City Street Financing Report and author-
ize filing with the Iowa Department of Trans-
portation. Upon motion the documents were
received and filed, and Resolution No. 330-19
Approving the City of Dubuque Fiscal Year
2019 City Street Financing Report was adopt-
ed.
RESOLUTION NO. 330-19
APPROVING THE CITY OF DUBUQUE FIS-
CAL YEAR 2019 CITY STREET FINANCING
REPORT
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
The City Street Finance Report for the pe-
riod of July 1, 2018, to June 30, 2019, is here-
by approved and that the City Clerk is hereby
authorized and directed to file said report with
the Iowa Department of Transportation.
Passed, approved and adopted this 16th
day of September 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
6. 2019 Washington Neighborhood Market
Analysis Update: City Manager transmitting
the 2019 Washington Neighborhood Market
Analysis Update. Upon motion the document
was received and filed.
7. Consultant Selection for Preparation of a
Consolidated Plan and Analysis of Impedi-
ments for Fair Housing: City Manager recom-
mended approval of the selection of Public
Works, LLC to prepare the HUD-approved
2021-2025 Community Development Block
Grant Consolidated Plan and to conduct an
Analysis of Impediments to Fair Housing, and
authorize the City Manager to sign an Agree-
ment for Professional Services with Public
Works, LLC. Upon motion the documents were
received, filed and approved.
8. Recording the Award for the Hillcrest
Rd.-Rosemont St. Detention Basin Project:
City Manager recommended that the award for
the Hillcrest-Rosemont Detention Basin Pro-
ject by Eastern Iowa Excavating & Concrete,
LLC be officially recorded in the minutes of the
City Council. Upon motion the documents
were received, filed and made a Matter of
Record.
9. Recording the Award for the Amy Court
Drainage Improvements Project: City Manager
recommended that the award for the Amy
Court Drainage Improvements 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.
10. Iowa Department of Public Health
(IDPH) Interagency (28E) Agreement: City
Manager recommended approval to continue
the City’s contract with the Iowa Department of
Public Health for the inspection of swimming
pools and spas and tattoo parlors in Dubuque
County. Upon motion the documents were
received, filed and approved.
11. Pre-Annexation Agreement with Bartels
and Oberbroeckling: City Manager recom-
mended approval of a Pre-Annexation Agree-
ment with Merlin C. Bartels, Dean H. Bartels
and Joan M. Bartels, property owners, and
contract buyer Ned Oberbroeckling, for proper-
ty located at 15397 North Cascade Road, in
conjunction with their request to connect to
City water. Upon motion the documents were
received and filed, and Resolution No. 331-19
Approving a Pre-Annexation Agreement be-
tween the City of Dubuque, Iowa and Merlin C.
Bartels, Dean H. Bartels and Joan M. Bartels
and Ned Oberbroeckling was adopted.
361 Regular Session September 16, 2019 Book 149
RESOLUTION NO. 331-19
APPROVING A PRE-ANNEXATION
AGREEMENT BETWEEN THE CITY OF
DUBUQUE, IOWA AND MERLIN C. BAR-
TELS, DEAN H. BARTELS AND JOAN M.
BARTELS AND NED OBERBROECKLING
Whereas, Merlin C. Bartels, Dean H. Bar-
tels and Joan M. Bartels and Ned Oberbroeck-
ling, the owners and contract buyer of the fol-
lowing described property in Dubuque County,
Iowa (the Property) have submitted to the City
Council of the City of Dubuque an application
for voluntary annexation of the Property to the
City of Dubuque:
Lot 3 of the NW ¼ of the NE ¼ of Section
13, T88N, R1E of the 5th P.M. in Dubu-
que County, Iowa, according to the Unit-
ed States Government Survey and the
recorded plats thereof, subject to ease-
ments and agreements of record; and
Whereas, Merlin C. Bartels, Dean H. Bar-
tels and Joan M. Bartels and Ned Oberbroeck-
ling have entered into a Pre-annexation
Agreement with the City of Dubuque, a copy of
which is attached hereto governing the future
annexation of the Property; and
Whereas, the Property is not subject to an
existing annexation moratorium; and
Whereas, the Property does not include
any state or railroad property; and
Whereas, Iowa Code Section 368.7 author-
izes the voluntary annexation of property in
Dubuque County, Iowa and the extension of
city limits by voluntary annexation; and
Whereas, the annexation of the Property is
consistent with the Comprehensive Plan of the
City of Dubuque, necessary for the future or-
derly growth and development of the City of
Dubuque, and will promote efficient and cost-
effective extension of municipal services; and
Whereas, the City Council finds that the
annexation of the Property is in the public in-
terest.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The Pre-annexation Agreement
by and between Merlin C. Bartels, Dean H.
Bartels and Joan M. Bartels and Ned Ober-
broeckling and the City of Dubuque is hereby
approved.
Passed, approved and adopted this 16th
day of September 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
12. CSB Consulting Company Redevelop-
ment of Property at 1838 Central Avenue: City
Manager recommended approval of a Grant
agreement between the City of Dubuque and
CSB Consulting Company to redevelop prop-
erty at 1838 Central Avenue to create three,
upper-story apartments in the building. Upon
motion the documents were received and filed,
and Resolution No. 332-19 Approving a Grant
Agreement by and between the City of Dubu-
que, Iowa and CSB Consulting Company for
the redevelopment of 1838 Central Avenue
was adopted.
RESOLUTION NO. 332-19
APPROVING A GRANT AGREEMENT BY
AND BETWEEN THE CITY OF DUBUQUE,
IOWA AND CSB CONSULTING COMPANY
FOR THE REDEVELOPMENT OF 1838
CENTRAL AVENUE
Whereas, CSB Consulting Company has
applied to the Economic Development De-
partment for a Housing Creation Grant (the
Grant) for the redevelopment of 1838 Central
Avenue in the City of Dubuque, Iowa (the Pro-
ject); and
Whereas, the Project is eligible for the
Grant; and
Whereas, it is the determination of the City
Council that approval of the Grant Agreement,
for redevelopment of the Property by CSB
Consulting Company according to the terms
and conditions set out in the Grant 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 Grant Agreement by and
between the City of Dubuque and CSB Con-
sulting Company, a copy of which is attached
hereto, is hereby approved.
Section 2. The Mayor is hereby authorized
and directed to execute the Grant 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 com-
ply with the terms of the Grant Agreement as
herein approved.
Passed, approved and adopted this 16th
day of September 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
13. Public, Educational, and Government
(PEG) Capital Grant Expenditure Request:
City Manager recommended approval of a
request from the Cable TV Commission for
funding from the Public, Educational, and
Government (PEG) Capital Grant for Access
Equipment and Facilities for Loras College to
purchase a new video switcher for its control
room. Upon motion the documents were re-
ceived, filed and approved.
14. Final Plat of Cedar Lake - East Fif-
teenth Addition: Zoning Advisory Commission
recommended approval of the Final Plat of
Cedar Lake East Fifteenth Addition. Upon mo-
362 Regular Session September 16, 2019 Book 149
tion the documents were received and filed,
and Resolution No. 333-19 Approving Final
Plat of Cedar Lake - East Fifteenth Addition, in
the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 333-19
APPROVING FINAL PLAT OF CEDAR LAKE
– EAST FIFTEENTH ADDITION, IN THE CITY
OF DUBUQUE, IOWA
Whereas, there has been filed with the City
Clerk the Final Plat of Cedar Lake – East Fif-
teenth Addition, in the City of Dubuque, Iowa;
and
Whereas, upon said Final Plat appears a
private street to be known as Windmill Court
(Lot A), with certain public utility easements,
which the owner by said Plat of Survey has
dedicated such easements to the public forev-
er; and
Whereas, the Final Plat has been exam-
ined by the Zoning Advisory Commission and
had its approval endorsed thereon; and
Whereas, said Final Plat has been exam-
ined by the City Council and they find that it
conforms to the statues and ordinances relat-
ing to it, except that no streets or public utilities
have yet been constructed or installed.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The dedication of easements for
public utilities, as they appear upon said Final
Plat, be and the same are hereby accepted.
Section 2. The Final Plat of Cedar Lake –
East Fifteenth Addition is hereby approved,
and the Mayor and City Clerk are hereby au-
thorized and directed to endorse the approval
of the City of Dubuque, Iowa upon said Final
Plat, provided the owners of said property
herein named, execute their written ac-
ceptance hereto attached agreeing:
a. To reduce the private Street of
Windmill Court (Lot A) to grade and to
hard surface with asphaltic concrete,
and concrete curb and gutter, all in ac-
cordance with the City of Dubuque
standard specifications, in conformance
with construction improvement plans
approved by the City Engineer for a
private street.
b. To install public sanitary sewer
mains and sewer service laterals into
each individual lot, public water mains
and water service laterals into each in-
dividual lot, private storm sewers and
catch basins and erosion control devic-
es all in accordance with the City of
Dubuque standard specifications, all in
a manner acceptable to the City Engi-
neer, and in accordance with the con-
struction improvement plans approved
by the City Engineer, and inspected by
the City Engineer. The private street
shall be maintained by the owners
and/or homeowners’ association.
c. To construct said improvements,
prior to two (2) years from the date of
acceptance of this resolution, at the
sole expense of the owners, or future
owner.
d. To maintain the private street im-
provements and private storm sewer
improvements outlined in (a) and (b)
above forever.
e. To maintain the public water
main and sanitary sewer improve-
ments, for a period of two (2) years
from the date of the acceptance of
those improvements by the City of
Dubuque, Iowa, at the sole expense of
the owners, or future owner.
f. City will maintain and repair the
City owned water and sewer utilities
under the private street within the
easement granted by the Developer
within the development property. City
will not be responsible for the restora-
tion of the private street pavement after
maintenance and repair of the City
owned water and sewer utilities under
the private street.
And, further provided that said Pristine
Properties, LLC as owner of said property,
shall secure the performance of the forego-
ing public water main provided in this Sec-
tion by providing guarantees in such form
and with such sureties as may be accepta-
ble to the City Manager of the City of
Dubuque, Iowa.
Section 3. The Developer, Pristine Proper-
ties, LLC must construct and maintain erosion
control devices in the development which con-
trol erosion and prevent sediment from leaving
the site according to all applicable local, state
and federal requirements and in accordance
with the construction improvement plans ap-
proved by the City Engineer.
Section 4. The Developer, Pristine Proper-
ties, LLC shall acquire any and all public sani-
tary sewer easements required for the sanitary
sewer extensions as shown on the construc-
tion improvement plans approved by the City
Engineer. Prior to the City releasing the final
subdivision plat for recordation, permanent
public sanitary sewer utility easements shall be
granted by the applicable property owners to
the City of Dubuque in a form acceptable to
the City.
Section 5. The final acceptance of all pub-
lic improvements shall occur upon certification
of the City Engineer to the City Council that
sanitary sewer and watermain improvements
have been completed in accordance with the
improvement plans and City standard specifi-
cations and accepted by City Council Resolu-
tion.
363 Regular Session September 16, 2019 Book 149
Section 6. In the event Pristine Properties,
LLC fails to execute the acceptance and fur-
nish the guarantees provided in Section 2
hereof within 180 days after the date of this
Resolution, the provisions hereof shall be null
and void and the acceptance and approval the
plat shall not be effective.
Passed, approved, and adopted this 16th
day of September 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
ACCEPTANCE OF RESOLUTION NO. 333-
19
I, the undersigned, Dave Webber, repre-
senting Pristine Properties, LLC, having read
the terms and conditions of the Resolution No.
333-19 and being familiar with the conditions
thereof hereby accept this same and agree to
the conditions required therein.
Dated in Dubuque, Iowa this 12th day of
September 2019.
/s/Dave Webber
Pristine Properties, LLC
15. Housing Commission Liaison Appoint-
ment to the Housing Trust Fund Committee:
Correspondence from the Housing Commis-
sion requesting approval of Commissioner
Rick Baumhover to be appointed to the Hous-
ing Trust Fund Committee as its liaison. Upon
motion the document was received, filed and
approved.
16. Federal Emergency Management As-
sociation (FEMA) Correspondence: City Man-
ager providing a copy of correspondence to
the Federal Emergency Management Associa-
tion (FEMA) in response to its questions relat-
ed to the Dubuque County Flood Hazard Map-
ping Project that include Dubuque's Certified
Floodwall/Levee System. Upon motion the
documents were received and filed.
17. Amendment to Resolution Approving
Prepayment of Claims: City Manager recom-
mended approval of an amendment to the
resolution approving prepayment of claims.
Upon motion the documents were received
and filed, and Resolution No. 334-19 Approv-
ing prepayment of claims as amended was
adopted.
RESOLUTION NO. 334-19
APPROVING PREPAYMENT OF CLAIMS AS
AMENDED
Whereas, the City of Dubuque is commit-
ted to making timely payment of amounts due
to avoid service interruptions and penalties or
late fees which would become due if payments
are not timely made.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
The Director of Finance is hereby author-
ized to issue checks in payment of the follow-
ing expenditures prior to City Council approval:
1. Bonds and principal representing
bonded indebtedness of the City, when
said bonds and principal are due and
presented for payment.
2. All interest on bonded indebtedness
of the City when the same is due and
coupons are presented for payment, or
when the contracted bond Registrar re-
quests payment.
3. All sales tax due to the State of Iowa.
4. All utility bills for water, electricity,
gas, telecommunications, etc.
5. All medical, dental, disability and life
insurance premiums and medical claims
from insurance provider.
6. All annual premiums of the City’s
property, liability, and pollution policies.
7. Salaries and wages of officers and
employees at the rates authorized by City
Council.
8. Payment of federal and state with-
holding taxes, social security, Medicare,
retirement fund and IPERS contributions,
and unemployment taxes as required.
9. Contractual payment for items ap-
proved by previous City Council actions.
10. Reimbursements for employees for
budgeted purchases (i.e. travel costs).
11. Utility overpayment refunds.
12. To take advantage of early pay-
ment discounts.
13. All annual software maintenance
payments for existing software.
14. All legal bills.
15. All legal filings.
16. All property purchases approved by
previous City Council actions.
Passed, approved, and adopted this 16th
day of September 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
18. 2020 Census Partnership Program:
City Manager recommended approval of a
letter from Mayor Roy D. Buol on behalf of the
City of Dubuque requesting to join the 2020
Census Partnership Program. Upon motion the
documents were received, filed and approved.
19. New Cities of Opportunity Application:
City Manager recommended approval to sub-
mit the City of Dubuque’s New Cities of Oppor-
tunity application to the National League of
Cities. Upon motion the documents were re-
ceived, filed and approved.
364 Regular Session September 16, 2019 Book 149
20. Coalition of Communities Agreement:
City Manager recommended approval to join
the Coalition of Communities to appeal the
Federal Communications Commission’s order
that allows cable companies to treat in-kind
benefits as franchise fees. Upon motion the
documents were received, filed and approved.
21. Acceptance of Storm Water Detention -
English Ridge Subdivision: City Manager rec-
ommended acceptance of the Warranty Deed
for the storm water detention lot that the de-
veloper, English Ridge, LLC, is dedicating in
English Ridge Subdivision. Upon motion the
documents were received and filed, and Reso-
lution No. 335-19 Accepting a Deed to Lot A in
English Ridge Subdivision, in the City of
Dubuque, Iowa was adopted.
RESOLUTION NO. 335-19
ACCEPTING A DEED TO LOT A IN ENG-
LISH RIDGE SUBDIVISION, IN THE CITY OF
DUBUQUE, IOWA
Whereas, pursuant to Resolution 31-09,
Lot A, shown on the Final Plat of English
Ridge Subdivision as “Storm Water Detention,”
was to be accepted upon completion of certain
conditions as detailed in Section 4 of said
resolution; and
Whereas, the conditions detailed in Section
4 of Resolution 31-09 have been fulfilled and
met by the developer and the City Manager
has reviewed the work and has recommended
that Lot A 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 City of Dubuque, Iowa
hereby approves the acceptance of the at-
tached Warranty Deed to the following legally
described property:
Lot A of English Ridge Subdivision in the
City of Dubuque, Iowa, according to the
recorded plat thereof, subject to and to-
gether with easements and restrictions of
record.
Section 2. The City of Dubuque be and is
hereby authorized and directed to cause said
Warranty Deed to be recorded in the office of
the Dubuque County Recorder,
Section 3. The City Clerk be and is hereby
directed to forward a copy of this Resolution to
the Dubuque County Assessor and the Dubu-
que County Auditor.
Passed, adopted, and approved this 16th
day of September 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
22. Acceptance of the West Third Street
Pumping Station Standby Generator 2018
Project: City Manager recommended ac-
ceptance of the West Third Street Pump Sta-
tion Standby Generator 2018 project, as com-
pleted by A&G Electric. Resolution No. 336-19
Accepting the West Third Pumping Station
Standby Generator 2018 Project and authoriz-
ing final payment to the contractor was adopt-
ed.
RESOLUTION NO. 336-19
ACCEPTING THE WEST THIRD PUMPING
STATION STANDBY GENERATOR 2018
PROJECT AND AUTHORIZING FINAL PAY-
MENT TO THE CONTRACTOR
Whereas, the public improvement contract
for the West Third Street Pump Station
Standby Generator 2018 Project (the Project)
has been completed by the Contractor, A&G
Electric (Contractor), the Water Department
Manager has examined the work and recom-
mends that the Project be accepted; and
Whereas, the final contract amount of
$77,152.28 is due in full; and
Whereas, the City Council finds that the
recommendation of the Water Department
Manager should be accepted.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The recommendation of the Wa-
ter Department Manager is approved, and the
Project is hereby accepted.
Section 2. The Finance Director is hereby
directed to pay to the Contractor the balance
of the final payment $77,152.28 as provided in
Iowa Code chapter 573.
Passed, approved, and adopted this 16th
day of September 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
WATER DEPARTMENT MANAGER’S CER-
TIFICATE OF FINAL COMPLETION OF, THE
WEST THIRD PUMPING STATION
STANDBY GENERATOR 2018 PROJECT
The undersigned Water Department Man-
ager of the City of Dubuque, Iowa, hereby cer-
tifies that she has inspected the West Third
Pumping Station Standby Generator 2018
Project:
The West Third Street Pump Station
Standby Generator 2018 Project, and that said
Project has been performed in compliance with
the terms of the Public Improvement Contract,
and that the total cost of the completed work
including all change orders and adjustments is
$77,152.28.
Dated this 10th day of September 2019.
/s/Denise Blakeley Ihrig, P.E.
Water Department Manager
Filed in the office of the City Clerk on the 11 th
day of September 2019.
/s/Kevin S. Firnstahl, City Clerk
365 Regular Session September 16, 2019 Book 149
23. Bunker Hill Irrigation Replacement Pro-
ject Phase 3 Initiation of Bids: City Manager
recommended initiation of the bidding proce-
dure for the Bunker Hill Irrigation Replacement
Project Phase 3 (of 3). Upon motion the doc-
uments were received, filed and approved.
24. Citizen Petition for Amendment to Res-
idential Parking Permit District H - Lea Lane:
Receipt of Citizen Petition for an amendment
to Residential Parking Permit District H to in-
clude Lea Lane. Upon motion the document
was received, filed, and referred to the City
Manager.
25. U.S. Cellular Re-Submittal Master
Lease Agreement and Supplement - Dubuque
Cellular Telephone L.P. (U.S. Cellular): City
Manager recommended re-approval of the
Supplemental Agreement with Dubuque Cellu-
lar Telephone L.P. (U.S. Cellular) as part of
the U.S. Cellular Re-Submittal Master Lease
Agreement and Supplement with the City of
Dubuque. Upon motion the documents were
received, filed and approved.
26. Request for Proposal - Consulting Ser-
vices for Geodetic Control Network Update
and Aerial Photography Project: City Manager
recommended approval of the release of a
Request for Proposal to provide consulting
services for geodetic control network update
and aerial photography project. Upon motion
the documents were received, filed and ap-
proved.
27. Inspector 1 Full-Time Position Reclas-
sified to an Inspector 2: City Manager recom-
mended approval to reclassify one full-time
equivalent Inspector 1 position to an Inspector
2 position in the Housing and Community De-
velopment Department. Upon motion the doc-
uments were received, filed and approved.
28. City Assessor - Notice of Tax Assess-
ment Appeals: Correspondence from City As-
sessor Troy Patzner advising the City of three
2019 tax assessment appeals from the Dubu-
que City Board of Review. Upon motion the
document was received and filed.
29. Signed Contract(s): Strand Associates,
Inc. for the Catfish Creek Sanitary Interceptor
Sewer Capacity Analysis Amendment No. 1 to
Task Order No. 18-04; and the Cedar/Terminal
Streets Force Mains and Lift Stations Assess-
ment and Improvements Project / Cedar Street
Force Main Air Release Valve Replacements
Task Order No. 19-01; East Central Develop-
ment Corporation Lease Agreement for Feder-
al Building space; Lamar Companies Lease
Agreement for City property located at 280
South Locust Street. Upon motion the docu-
ments were received and filed.
30. Improvement Contracts / Performance,
Payment and Maintenance Bonds: Drew Cook
& Sons Excavating Company, Inc. for the Amy
Court Drainage Improvements Project; Eastern
Iowa Excavating & Concrete, LLC for the Hill-
crest-Rosemont Streets Detention Basin Pro-
ject. Upon motion the documents were re-
ceived, filed and approved.
31. 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. 337-19 Approv-
ing 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. 337-19
APPROVING APPLICATIONS FOR BEER,
LIQUOR, AND/OR WINE PERMITS, AS RE-
QUIRED BY CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 4 BUSINESS AND LI-
CENSE REGULATIONS, CHAPTER 2 LIQ-
UOR CONTROL, ARTICLE B LIQUOR,
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 re-
quirements 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 di-
rected to cause to be issued the noted permit
types to the following applicants pending sub-
mission of the locally required documentation:
Renewals
Dubuque Home Designs, 2490 Meinen Ct.,
Class B Native Wine
Fat Tuesday's, 1121 University Ave., Class C
Liquor (Sunday)
National Mississippi River Museum & Aquari-
um, 350 & 400 E. Third St., Class C Liquor,
Class B Native Wine (Catering) (Outdoor)
(Sunday)
Phillips 66/Arby's, 10 South Main St., Class C
Beer (Sunday)
Red Robin America's Gourmet Burgers & Spir-
its, 2775 NW Arterial, Class C Liquor (Out-
door) (Sunday)
Ron's Discount Smokes & Bev. Cntr. # 1, 3300
Asbury Rd., Class C Beer, Class B Native
Wine (Sunday)
366 Regular Session September 16, 2019 Book 149
Southend Tap, 55 Locust St., Class C Liquor
(Sunday)
Special Event(s) per Special Event Application
Submittal
Harry Maglaris 9-26, 145 N. Crescent Ridge,
Class B Beer
Passed, approved, and adopted this 16th
day of September 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
ITEMS SET FOR PUBLIC HEARING
Motion by Resnick to receive and file the
documents, adopt the resolutions, set the pub-
lic hearings as indicated, and direct the City
Clerk to publish notice as prescribed by law.
Seconded by Shaw. Motion carried 6-0.
1. Grant of Easement for Private Parking
Lot Improvements Across West 9th Street
Right-of-Way: City Manager recommended
that the City Council set a public hearing for
October 7, 2019 on a Grant of Easement for
private parking lot improvements across City-
owned property in the West 9th Street right-of-
way. Upon motion the documents were re-
ceived and filed and Resolution No. 338-19
Resolution of Intent to dispose of City interest
by Grant of Easement for private parking lot
improvements across part of the West 9th
Street right-of-way lying within City Lot 688 in
the City of Dubuque, Iowa was adopted setting
a public hearing for a meeting to commence at
6:00 p.m. on October 7, 2019 in the Historic
Federal Building.
RESOLUTION NO. 338-19
RESOLUTION OF INTENT TO DISPOSE OF
CITY INTEREST BY GRANT OF EASEMENT
FOR PRIVATE PARKING LOT IMPROVE-
MENTS ACROSS PART OF THE WEST 9TH
STREET RIGHT-OF-WAY LYING WITHIN
CITY LOT 688 IN THE CITY OF DUBUQUE,
IOWA
Whereas, Woodward Communications,
Inc. have requested a “Grant of Easement” for
private parking lot improvements over a por-
tion of the West 9th Street Right-of-Way lying
within City Lot 688, in the City of Dubuque;
and
Whereas, the City of Dubuque is the owner
of said right of way area, in the City of Dubu-
que; and
Whereas, IIW, P.C. has prepared and
submitted to the City Council an exhibit show-
ing the underlying portion of the West 9th
Street Right-of-Way lying within City Lot 688,
in the City of Dubuque, for the proposed pri-
vate parking lot improvements easement in the
City of Dubuque, Dubuque County, Iowa.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The City of Dubuque intends to
grant an easement for private parking lot im-
provements over a portion of the West 9th
Street Right-of-Way lying within City Lot 688,
in the City of Dubuque, Dubuque County, Io-
wa.
Section 2. Any and all applicable publica-
tion and recording fees are to be paid by
Woodward Communications, Inc.
Section 3. That a public hearing on the in-
tent to dispose of City interest by grant of
easement for a portion of the West 9th Street
Right-of-Way lying within City Lot 688, in the
City of Dubuque, Iowa, is hereby set for the 7th
day of October, 2019, at the Historic Federal
Building, 350 W. 6th Street, Dubuque, Iowa,
beginning at 6:00 p.m., and the City Clerk be
and is hereby authorized and directed to cause
a notice of public hearing on the intent to dis-
pose of said interest to be published in the
manner as prescribed by law.
Passed, approved, and adopted this 16th
day of September 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Sale of City-Owned Property at 799
Rush Street: City Manager recommended that
the City Council set a public hearing for Octo-
ber 7, 2019 on the intent to dispose of 799
Rush Street to the abutting property owners,
Eric and Beth Hemmer, for consolidation into
one parcel. Upon motion the documents were
received and filed and Resolution No. 339-19
Resolution of Intent to dispose of an interest in
City of Dubuque real estate, setting a time and
place for hearing and providing for the publica-
tion of notice thereof was adopted setting a
public hearing for a meeting to commence at
6:00 p.m. on October 7, 2019 in the Historic
Federal Building.
RESOLUTION NO. 339-19
INTENT TO DISPOSE OF AN INTEREST IN
CITY OF DUBUQUE REAL ESTATE, SET-
TING A TIME AND PLACE FOR HEARING
AND PROVIDING FOR THE PUBLICATION
OF NOTICE THEREOF
Whereas, the City of Dubuque, Iowa (City)
owns 799 Rush Street (the Property) legally
described as:
Lot 1 of the Subdivision of Lot 2 of the
South 165 feet of Lot 190 in Union Ad-
dition to the City of Dubuque, Dubuque
County, Iowa, according to the record-
ed plat thereof; and
Whereas, the City acquired the Property by
petition as an abandoned property for the pur-
pose of demolishing the structure and selling
the lot to an abutting property owner; and
367 Regular Session September 16, 2019 Book 149
Whereas, Eric and Beth Hemmer are the
abutting property owners and the intention is to
consolidate both the existing parcel at 795
Rush Street and the Property into one parcel.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The City Council shall conduct a
public hearing on the proposed disposition of
real estate in the City Council Chambers at the
Historic Federal Building, 350 W. 6th Street,
Dubuque, Iowa on the 7th day of October 2019
beginning at 6:00 p.m.
Section 2. The City Clerk be and is hereby
authorized and directed to publish notice of the
public hearing in the form attached hereto,
according to law.
Passed, approved, and adopted this 16th
day of September 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
PUBLIC HEARINGS
1. Proceedings for the Public Hearing on
the Authorization of Not-to-Exceed $170,000
General Fund Lease Agreement – Postage
Machine: Proof of publication on notice of pub-
lic hearing to approve the suggested proceed-
ings for the public hearing on the authorization
of a general fund lease agreement not-to-
exceed $170,000 to acquire a postal machine
for the City of Dubuque, and the City Manager
recommending approval. Motion by Shaw to
receive and file the documents and adopt
Resolution No. 340-19 Instituting proceedings
to take additional action for the authorization of
a lease agreement (General Fund) in the prin-
cipal amount of not-to-exceed $170,000 to
acquire personal property for the City. Se-
conded by Del Toro. Motion carried 6-0.
RESOLUTION NO. 340-19
INSTITUTING PROCEEDINGS TO TAKE
ADDITIONAL ACTION FOR THE AUTHORI-
ZATION OF A LEASE AGREEMENT (GEN-
ERAL FUND) IN THE PRINCIPAL AMOUNT
OF NOT TO EXCEED $170,000 TO AC-
QUIRE PERSONAL PROPERTY FOR THE
CITY
Whereas, pursuant to notice published as
required by law, this Council has held a public
meeting and hearing upon the proposal to in-
stitute proceedings for the authorization of a
Lease Agreement in the principal amount of
not to exceed $170,000, for the purpose of
paying costs of the acquisition of personal
property for the City, and more specifically, for
the lease of a postage machine, to be secured
by the general fund, and has considered the
extent of objections received from residents or
property owners as to said proposal and, ac-
cordingly the following action is now consid-
ered to be in the best interests of the City and
residents thereof:
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. This Council does hereby insti-
tute proceedings and take additional action for
the authorization of a Lease Agreement in the
principal amount of not to exceed $170,000 to
evidence the obligation thereof for the forego-
ing purpose.
Section 2. The Mayor and Clerk are au-
thorized and directed to proceed on behalf of
the City with the negotiation and finalization of
the terms of a Lease Agreement, evidencing
the City's obligations to a principal amount of
not to exceed $170,000 and otherwise to take
all action necessary to permit the execution of
a Lease Agreement on a basis favorable to the
City.
Passed and approved this 16th day of Sep-
tember 2019.
Passed, approved, and adopted this 16th
day of September 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Proceedings for the Public Hearing on
the Authorization of Not-to-Exceed $25,000
General Fund Lease Agreement – Mail Room
Printer: Proof of publication on notice of public
hearing to consider approval of the suggested
proceedings for the public hearing on the au-
thorization of a general fund lease agreement
not-to-exceed $25,000 for a mail room printer,
and the City Manager recommending approv-
al. Motion by Jones to receive and file the
documents and adopt Resolution No. 341-19
Instituting proceedings to take additional action
for the authorization of a Lease Agreement
(General Fund) in the principal amount of not-
to-exceed $25,000 to acquire personal proper-
ty for the City. Seconded by Shaw. Motion
carried 6-0.
RESOLUTION NO. 341-19
INSTITUTING PROCEEDINGS TO TAKE
ADDITIONAL ACTION FOR THE AUTHORI-
ZATION OF A LEASE AGREEMENT (GEN-
ERAL FUND) IN THE PRINCIPAL AMOUNT
OF NOT TO EXCEED $25,000 TO ACQUIRE
PERSONAL PROPERTY FOR THE CITY
Whereas, pursuant to notice published as
required by law, this Council has held a public
meeting and hearing upon the proposal to in-
stitute proceedings for the authorization of a
Lease Agreement in the principal amount of
not to exceed $25,000, for the purpose of pay-
ing costs of the acquisition of personal proper-
ty for the City, and more specifically, for the
lease of a printer, to be secured by the general
fund, and has considered the extent of objec-
tions received from residents or property own-
368 Regular Session September 16, 2019 Book 149
ers as to said proposal and, accordingly the
following action is now considered to be in the
best interests of the City and residents thereof:
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. This Council does hereby insti-
tute proceedings and take additional action for
the authorization of a Lease Agreement in the
principal amount of not to exceed $25,000 to
evidence the obligation thereof for the forego-
ing purpose.
Section 2. The Mayor and Clerk are au-
thorized and directed to proceed on behalf of
the City with the negotiation and finalization of
the terms of a Lease Agreement, evidencing
the City's obligations to a principal amount of
not to exceed $25,000 and otherwise to take
all action necessary to permit the execution of
a Lease Agreement on a basis favorable to the
City.
Passed, approved, and adopted this 16th
day of September 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
PUBLIC INPUT
Tom Townsend, 1940 Amelia Drive, ex-
pressed support for the City Council to appoint
former Council Member Kate Larson to her
vacated Third Ward seat for the interim until
the November 5, 2019 election.
ACTION ITEMS
1. Greater Dubuque Development Corpo-
ration - Quarterly Update: President and CEO
Rick Dickinson presented a verbal update on
the quarterly activities of the Greater Dubuque
Development Corporation. Topics included:
strong current and future regional economy;
support for the Hormel Foods Corporation fi-
nancial assistance application to the IEDA
(Action Item #2); the addition of Crown Hold-
ings, Inc. and Duluth Trading Company; in-
creased workforce solutions and the inaugural
college career fair; and the progress of the Big
Life, Small City campaign. Motion by Resnick
to receive and file the information. Seconded
by Jones. Motion carried 6-0.
2. Hormel Foods Corporation - Iowa Eco-
nomic Development Administration Applica-
tion: City Manager recommended approval of
the submission of a Business Financial Assis-
tance Application to the Iowa Economic De-
velopment Authority on behalf of Hormel
Foods Corporation and Progressive Pro-
cessing, LLC for the proposed expansion of its
operations in Dubuque. Motion by Jones to
receive and file the documents and adopt
Resolution No. 342-19 Authorizing the filing of
an application with the Iowa Economic Devel-
opment Authority for business financial assis-
tance on behalf of Hormel Foods Corporation
and Progressive Processing, LLC. Seconded
by Resnick. Motion carried 6-0.
RESOLUTION NO. 342-19
AUTHORIZING THE FILING OF AN APPLI-
CATION WITH THE IOWA ECONOMIC DE-
VELOPMENT AUTHORITY FOR BUSINESS
FINANCIAL ASSISTANCE ON BEHALF OF
HORMEL FOODS CORPORATION AND
PROGRESSIVE PROCESSING, LLC
Whereas, Hormel Foods Corporation and
Progressive Processing, LLC have proposed
making a Thirteen Million Dollar
($13,000,000.00) investment for the addition of
production capacity in the City of Dubuque,
Iowa; and
Whereas, the City Council of the City of
Dubuque, Iowa has considered the proposal
and determined that the proposed project will
contribute to the local economy through the
creation of fifty-eight (58) full-time jobs in the
City, fourteen (14) of which qualify for the Iowa
Economic Development Authority Business
Financial Assistance Program; and
Whereas, financial assistance from the Io-
wa Economic Development Authority is de-
signed to assist in the economic development
efforts of local jurisdictions; and
Whereas, the City of Dubuque, Iowa is eli-
gible to apply for funding from the Iowa Eco-
nomic Development Authority Business Finan-
cial Assistance Program.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The filing of an Application for
participation in the Iowa Economic Develop-
ment Authority’s Business Financial Assis-
tance Program on behalf of Hormel Foods
Corporation and 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 Application to the Iowa
Economic Development Authority together with
such other documents as may be required.
Passed, approved, and adopted this 16th
day of September 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. Consultant Selection for Equitable Pov-
erty Prevention Plan: City Manager recom-
mended approval of the selection of Public
Works, LLC as the consultant for the Equitable
Poverty Prevention Plan and authorization for
the City Manager to sign the Agreement for
Professional Services with Public Works, LLC.
369 Special Session September 28, 2019 Book 149
Motion by Jones to receive and file the docu-
ments and approve the recommendation. Se-
conded by Shaw. Motion varied 6-0.
4. Third Ward Council Member Vacancy:
City Clerk submitting Letters of Interest / Re-
sumes for consideration in filling the Council
Member vacancy for the Third Ward. The City
Clerk reminded Council that the appointment
would be for the interim until the November 5
City election and not until the end of the year
as recently reported in the media. Following
discussion, restated motion by Shaw for a roll-
call vote. Seconded by Del Toro. Upon roll-call
vote, the motion failed 3-3. Connors = Res-
nick, Jones and Buol. Larson = Del Toro, Rios,
Shaw. Mayor Buol stated that the seat would
then remain vacant until the November 5 elec-
tion.
COUNCIL MEMBER REPORTS
Council Member Shaw reported on issues
expressed to him by the residents of Table
Mound Mobile Home Park, many of whom are
retired and on fixed incomes, who claim they
are being targeted with predatory practices by
the landlord.
Motion by Jones to adjourn at 6:53 p.m.
Seconded by Resnick. Motion failed 3-3 with
Del Toro, Rios and Shaw voting nay.
There being no further business, Mayor
Buol declared the meeting adjourned.
/s/Kevin S. Firnstahl, CMC, City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special
session at 5:00 p.m. on September 26, 2019 in
Conference Room B of City Hall, 50 W. 13th
Street.
Present: Mayor Buol; Council Members Del
Toro, Jones, Resnick, Rios; City Manager Van
Milligen
Absent: Council Member Shaw, City Attor-
ney Brumwell
Mayor Buol read the call and stated this is
a special session of the City Council called for
the purpose of approving alcohol license appli-
cations.
CONSENT ITEMS
Motion by Resnick to receive and file the
documents, adopt the resolutions, and dispose
of as indicated. Seconded by Jones. Motion
carried 5-0.
1. Alcohol License Applications: City Man-
ager recommending approval of a special-
event liquor license application for Squirrelly
Merlies, LLC. It is further recommended that
the annual liquor license for EZ Stop II and the
five-day special event liquor license for Drift-
less Catering, LLC also be approved on the
same resolution. Upon motion the documents
were received and filed and Resolution No.
343-19 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 Li-
censes and Permits was adopted.
RESOLUTION NO. 343-19
APPROVING APPLICATIONS FOR BEER,
LIQUOR, AND/OR WINE PERMITS, AS RE-
QUIRED BY CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 4 BUSINESS AND LI-
CENSE REGULATIONS, CHAPTER 2 LIQ-
UOR CONTROL, ARTICLE B LIQUOR,
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
370 Regular Session October 7, 2019 Book 149
bonds and otherwise complied with the re-
quirements 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 author-
ized and directed to cause to be issued the
noted permit types to the following applicants
pending submission of the locally required
documentation:
New
EZ Stop II, 700 Rhomberg Ave., Class E Liq-
uor, Class C Beer, Class B Wine (Sunday)
Special Events
Squirrelly Merlies, LLC, 145 N. Crescent
Ridge, Class B Beer
Driftless Catering, LLC, 168 E. 10th St., Class
C Liquor
Passed, approved, and adopted this 26th
day of September 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
There being no further business, motion by
Resnick to adjourn at 5:04 p.m. Seconded by
Jones. Motion carried 5-0.
/s/Kevin S. Firnstahl, CMC, City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular
session at 6:00 p.m. on October 7, 2019 in the
second-floor Council Chambers of the Historic
Federal Building, 350 W. 6th Street.
Present: Mayor Pro Tem Rios; Mayor Buol
(via telephone) Council Members Del Toro,
Jones, Resnick, Shaw; City Manager Van Mil-
ligen, City Attorney Brumwell
Mayor Pro Tem Rios 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. At 5:50 p.m., prior to the start of the reg-
ular meeting, the Heartland Marimba Quartet
Music performed via video in recognition of
Arts and Humanities Month and as part of the
Dubuque Arts Council’s Artists in Residence
Program.
PROCLAMATION(S)
1. Indigenous People's Day (October 14,
2019) was accepted by Mr. Jody Durnin, 250
W. 6th Street.
2. Gentleman Day (October 16, 2019) was
accepted by Michelle Wolfe of Waypoint Ser-
vices Dubuque.
3. Arts and Humanities Month (October
2019) was accepted by Jenni Peterson-Brant,
Arts and Cultural Affairs Coordinator.
4. Trick-or-Treat Night (October 31, 2019)
was accepted by Mayor Pro Tem Jake A. Rios.
CONSENT ITEMS
Motion by Jones to receive and file the
documents, adopt the resolutions, and dispose
of as indicated. Seconded by Shaw. Motion
carried 6-0.
1. Minutes and Reports Submitted: Cable
TV Commission of 10/2; City Council proceed-
ings of 9/16, 9/26; Civil Service Commission of
9/20; Housing Trust Fund Committee of 9/25;
Housing Commission of 9/24; Library Board of
Trustees Council Update #190 of 9/26/19;
371 Regular Session October 7, 2019 Book 149
Proof of Publication for City Council proceed-
ings of 8/26, 9/3, 9/9 and 9/16. Upon motion
the documents were received and filed.
2. Notice of Claims and Suits: Nick
Helgerson for property damage, William Hick-
son for property damage, Mary Kisting for ve-
hicle damage, LJR Investments, LLC c/o Linsy
Adams for property damage, Jayantibhai Patel
for property damage, Jhony Edgordo Ramirez
for property damage. Upon motion the docu-
ments were received, filed, and referred to the
City Attorney.
3. Disposition of Claims: City Attorney ad-
vising that the following claims have been re-
ferred to Public Entity Risk Services of Iowa,
the agent for the Iowa Communities Assurance
Pool: Nick Helgerson for property damage;
William Hickson for property damage; Mary M.
Kisting for vehicle damage; LJR Investments,
LLC c/o Linsy Adams for property damage;
Jayantibhai Patel for property damage; Jhony
Edgordo Ramirez for property 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. 344-19 Authorizing the Director
of Finance and Budget/City Treasurer to m ake
certain payments of bills that must be paid and
approved for payment in accordance with City
procedures was adopted.
RESOLUTION NO. 344-19
AUTHORIZING THE DIRECTOR OF FI-
NANCE 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 req-
uisitioned for a lawful municipal purpose; and
Whereas, the Finance Director-City Treas-
urer 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 pay-
ment 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 requested
by designated requisitioning authorities in ac-
cordance with approved budget appropria-
tions.
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 7th
day of October 2019.
Jake A. Rios, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
5. Workers' Compensation Claims Admin-
istrative Services Agreement Addendum: City
Manager recommending approval of an Ad-
dendum to the Agreement between the City of
Dubuque and Alternative Service Concepts
(ASC) for services related to the administration
of the City’s Workers’ Compensation Program
that extends the Agreement through Decem-
ber 31, 2019. Upon motion the documents
were received, filed and approved.
6. Community Development Block Grant
Agreement (CDBG) with Dubuque Visiting
Nurse Association: City Manager recommend-
ing approval of the Community Development
Block Grant Agreement with Dubuque Visiting
Nurse Association and authorizes the Mayor to
execute the agreement on behalf of the City.
Upon motion the documents were received
and filed, and Resolution No. 345-19 Authoriz-
ing execution of a Community Development
Block Grant Agreement with Dubuque Visiting
Nurse Association was adopted.
RESOLUTION NO. 345-19
AUTHORIZING EXECUTION OF A COMMU-
NITY DEVELOPMENT BLOCK GRANT
AGREEMENT WITH DUBUQUE VISITING
NURSE ASSOCIATION
Whereas, Dubuque Visiting Nurse Associa-
tion prepared and submitted a request for a
Community Development Block Grant to relo-
372 Regular Session October 7, 2019 Book 149
cate and expand current services into property
located at 660 Iowa Street; and
Whereas, the City Council approved the
Community Development Block Grant budget
that included the contribution to Dubuque Visit-
ing Nurse Association; and
Whereas, the submission has been ap-
proved by the Community Development Advi-
sory Commission with the approval of the Fis-
cal Year 2019 Annual Action Plan Amendment
2 on May 15, 2019 in the amount of $85,000;
and
Whereas, services provided will be to a
minimum of 51% low/moderate income resi-
dents for a minimum of five years.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The Funding Approv-
al/Agreement, authorized by the Community
Development Advisory Commission beginning
July 1, 2019 for a Community Development
Block Grant to Dubuque Visiting Nurse Asso-
ciation in the amount of $85,000 to assist with
Acquisition and Equipment Purchases for ex-
pansion of current services is hereby accept-
ed.
Section 2. The Mayor of the City of Dubu-
que is hereby authorized and directed to exe-
cute said Agreement and related documents
on behalf of the City of Dubuque, Iowa.
Passed, approved, and adopted this 7th
day of October 2019.
Jake A. Rios, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
7. Community Development Block Grant
(CDBG) Agreement with Crescent Community
Health Center: City Manager recommending
approval of the Community Development
Block Grant Agreement with Crescent Com-
munity Health Center and authorizes the
Mayor to execute the agreement. Upon motion
the documents were received and filed, and
Resolution No. 346-19 Authorizing execution
of a Community Development Block Grant
Agreement with Crescent Community Health
Center was adopted.
RESOLUTION NO. 346-19
AUTHORIZING EXECUTION OF A COMMU-
NITY DEVELOPMENT BLOCK GRANT
AGREEMENT WITH CRESCENT COMMUNI-
TY HEALTH CENTER
Whereas, Crescent Community Health
Center prepared and submitted a request for a
Community Development Block Grant to ex-
pand current services into property located at
1690 Elm Street; and
Whereas, the City Council approved the
Community Development Block Grant budget
that included the contribution to Crescent
Community Health Center; and
Whereas, the submission has been ap-
proved by the Community Development Advi-
sory Commission with the approval of the Fis-
cal Year 2019 Annual Action Plan Amendment
2 on May 15, 2019 in the amount of $300,000;
and
Whereas, services provided will be to a
minimum of 51% low/moderate income resi-
dents for a minimum of five years.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The Funding Approv-
al/Agreement, authorized by the Community
Development Advisory Commission beginning
October 1, 2019 for a Community Develop-
ment Block Grant to Crescent Community
Health Center in the amount of $300,000 to
assist with acquisition of facilities for expan-
sion of current services is hereby accepted.
Section 2. The Mayor of the City of Dubu-
que is hereby authorized and directed to exe-
cute said Agreement and related documents
on behalf of the City of Dubuque, Iowa.
Passed, approved, and adopted this 7th
day of October 2019.
Jake A. Rios, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
8. Community Impacts Related to FEMA
Correspondence: City Manager transmitting
additional information on community impacts
regarding correspondence with the Federal
Emergency Management Agency (FEMA) from
the September 16, 2019 City Council agenda.
Upon motion the documents were received
and filed.
9. Iowa Historic Tax Credit Report: City
Manager providing a copy of the Iowa Historic
Tax Credit Report. Upon motion the docu-
ments were received and filed.
10. 2019 Justice Assistance Grant (JAG)
Approval and Acceptance of Grant Award: City
Manager recommending acceptance of the
2019 Justice Assistance Grant (JAG) award.
Upon motion the documents were received,
filed and approved.
11. 2019 Bulletproof Vest Partnership
(BVP) Approval and Acceptance of Grant
Award: City Manager recommending approval
to accept the 2019 Bulletproof Vest Partner-
ship grant award. Upon motion the documents
were received, filed and approved.
12. Hitzler Rental, LLC - Grant Agreement
for 1902 Central Avenue: City Manager rec-
ommending approval of a resolution approving
a Grant Agreement between the City of Dubu-
que and Hitzler Rental, LLC to redevelop
property at 1902 Central Avenue. Upon motion
373 Regular Session October 7, 2019 Book 149
the documents were received and filed, and
Resolution No. 347-19 Approving a Grant
Agreement by and between the City of Dubu-
que, Iowa and Hitzler Rental, LLC for the Re-
development of 1902 Central Avenue was
adopted.
RESOLUTION NO. 347-19
APPROVING A GRANT AGREEMENT BY
AND BETWEEN THE CITY OF DUBUQUE,
IOWA AND HITZLER RENTAL, LLC FOR
THE REDEVELOPMENT OF 1902 CENTRAL
AVENUE
Whereas, Hitzler Rental, LLC has applied
to the Economic Development Department for
a Downtown Rehabilitation Grant (the Grant)
for the redevelopment of 1902 Central Avenue
in the City of Dubuque, Iowa (the Project); and
Whereas, the Project is eligible for the
Grant; and
Whereas, it is the determination of the City
Council that approval of the Grant Agreement,
for redevelopment of the Property by Hitzler
Rental, LLC according to the terms and condi-
tions set out in the Grant 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 Grant Agreement by and
between the City of Dubuque and Hitzler
Rental, LLC, a copy of which is attached here-
to, is hereby approved.
Section 2. The Mayor is hereby authorized
and directed to execute the Grant 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 com-
ply with the terms of the Grant Agreement as
herein approved.
Passed, approved, and adopted this 7th
day of October 2019.
Jake A. Rios, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
13. National Disaster Resilience Competi-
tion Grant Administrator to Resiliency Coordi-
nator: City Manager recommending approval
to eliminate the Bee Branch Healthy Homes
Grant Administrator position and re-instate the
Resiliency Coordinator position as a Full-Time
Equivalent position. Upon motion the docu-
ments were received, filed and approved.
14. Public, Educational, and Government
(PEG) Capital Grant Expenditure Request:
City Manager recommending approval of the
Cable TV Commission's request for funding
from the Public, Educational, and Government
(PEG) Capital Grant for Access Equipment
and Facilities for the purchase a new graphics
server and a new playback server for the City
of Dubuque’s two government access cable
channels. Upon motion the documents were
received, filed and approved.
15. Rejecting Bids for the Fire Station No.
6 External Stairwell Addition Project: City
Manager recommending rejection of the bids
for the Fire Station 6 External Stairwell, so the
City Fire Department and Engineering staff
can value engineer the design and create al-
ternatives that produce cost saving measures.
Upon motion the documents were received
and filed, and Resolution No. 348-19 Rejecting
competitive bid proposals received for the Fire
Station 6 External Stairway Addition Project
was adopted.
RESOLUTION NO. 348-19
REJECTING COMPETITIVE BID PRO-
POSALS RECEIVED FOR THE FIRE STA-
TION 6 EXTERNAL STAIRWAY ADDITION
PROJECT
Whereas, three (3) competitive sealed bid
proposal was submitted by three (3) contrac-
tors for the Fire Station 6 External Stairwell
Addition Project (the Project) pursuant to Res-
olution No. 300-19 and a Notice to Bidders
published the City of Dubuque Website
www.cityofdubuque.org/bids, Master Builders
of Iowa Plan Room mbiplanroom-
dsm@mbionline.com and posted to the Master
Builders Construction Update Network on the
23rd day of August 2019; and
Whereas, the three (3) competitive sealed
bid proposal were opened and read on the 10th
day of September 2019; and
Whereas, the City Council has deemed it
advisable to reject the three (3) competitive
sealed bid proposals for the Project.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The three (3) competitive sealed
bid proposals for the Fire Station 6 External
Stairwell Addition Project are hereby rejected.
Section 2. The City Clerk is authorized and
instructed to return the bid deposit of the un-
successful bidders for the Fire Station 6 Exter-
nal Stairwell Addition Project.
Passed, approved, and adopted this 7th
day of October 2019.
Jake A. Rios, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
16. East 5th Street Right-of-Way Dedication
Plat: City Manager recommending approval of
the Acquisition Plat of Lot 2-1-A, Adams Com-
pany’s 4th Addition, which provides additional
right-of-way for the existing sidewalk and utili-
ties on the south side of East 5th Street from
Ice Harbor Road to Bell Street. Upon motion
the documents were received and filed, and
374 Regular Session October 7, 2019 Book 149
Resolution No. 349-19 Approving the Acquisi-
tion Plat of Lot 2-1-A, Adams Company's 4th
Addition, in the City of Dubuque, Iowa was
adopted.
RESOLUTION NO. 349-19
APPROVING THE ACQUISITION PLAT OF
LOT 2-1-A, ADAMS COMPANY’S 4TH ADDI-
TION, IN THE CITY OF DUBUQUE, IOWA
Whereas, there has been presented to the
City Council of the City of Dubuque, Iowa, a
plat dated September 19, 2019 prepared by
The City of Dubuque Engineering Department
describing Lot 2-1-A, Adams Company’s 4th
Addition in The City of Dubuque, Iowa; and
Whereas, said plat conforms to the laws
and statutes pertaining thereto.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The plat dated September 19,
2019 prepared by the City of Dubuque Engi-
neering Department, relative to the real estate
hereinabove described be and the same is
hereby approved, and the Mayor and City
Clerk be and they are hereby authorized and
directed to execute said plat and on behalf of
the City of Dubuque, Iowa.
Section 2. The City Clerk be and is hereby
authorized and directed to file said plat and
certified copy of this resolution in the office of
the Recorder, in and for Dubuque County,
Iowa.
Passed, approved, and adopted this 7th
day of October 2019.
Jake A. Rios, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
17. Acceptance of Grants of Easement for
Sanitary Sewer Utility as Part of the Cedar
Lake - East Fifteenth Addition Public Im-
provement Project: City Manager recommend-
ing acceptance of the dedication of Grants of
Easement for Sanitary Sewer Utility over part
of Lot 3 of Mineral Lot 221, and part of Lot 11
of Cedar Lake Addition as part of the Cedar
Lake – East Fifteenth Addition Public Im-
provements Project. Upon motion the docu-
ments were received and filed, and Resolution
No. 350-19 Accepting Grants of Easement for
Sanitary Sewer Utility Associated with the Ce-
dar Lake - East Fifteenth Addition Public Im-
provements in the City of Dubuque, Iowa was
adopted.
RESOLUTION NO. 350-19
ACCEPTING GRANTS OF EASEMENT FOR
SANITARY SEWER UTILITY ASSOCIATED
WITH THE CEDAR LAKE -EAST FIFTEENTH
ADDITION PUBLIC IMPROVEMENTS, IN
THE CITY OF DUBUQUE, IOWA
Whereas, Dean J. and Catherine J. Dol-
phin have executed a Grant of Easement for
Sanitary Sewer Utility across Part of Lot 3 of
Mineral Lot 221, in the City of Dubuque, Iowa;
and
Whereas, Cedar Lake Corporation has ex-
ecuted a Grant of Easement for Sanitary Sew-
er Utility across Part of Lot 11 of Cedar Lake
Addition, in the City of Dubuque, Iowa.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The City Council of the City of
Dubuque, Iowa, hereby approves of, accepts
and consents to the Grants of Easement for
Sanitary Sewer Utility, across the properties as
listed above, in the City of Dubuque, Iowa from
the property owners as listed above, copies of
which are attached hereto.
Section 2. The Mayor is hereby authorized
and directed to execute and acknowledge on
behalf of the City of Dubuque any instruments
in connection herewith.
Section 3. The City Clerk be and is hereby
authorized and directed to record a certified
copy of this resolution with each said Grant of
Easement Sanitary Sewer Utility, in the offices
of the City Assessor, Dubuque County Re-
corder and Dubuque County Auditor.
Passed, approved, and adopted this 7th
day of October 2019.
Jake A. Rios, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
18. Acceptance of Grant of Easement for
Sanitary Sewer Utility for Mississippi Heights
Subdivision: City Manager recommending ac-
ceptance of a Grant of Easement for a sanitary
sewer utility across 360 Mississippi View Drive
owned by Lance L. Marting and Lori A.
Marting. Upon motion the documents were
received and filed, and Resolution No. 351-19
Accepting a Grant of Easement for Sanitary
Sewer Utility Across Parts of Lot 1 of Missis-
sippi Heights Subdivision No. 5 and Lot 10 of
Mississippi Heights Subdivision No. 3, in the
City of Dubuque Iowa was adopted.
RESOLUTION NO. 351-19
ACCEPTING A GRANT OF EASEMENT FOR
SANITARY SEWER UTILITY ACROSS
PARTS OF LOT 1 OF MISSISSIPPI HEIGHTS
SUBDIVISION NO. 5 AND LOT 10 OF MIS-
SISSIPPI HEIGHTS SUBDIVISION NO. 3, IN
THE CITY OF DUBUQUE, IOWA
Whereas, Lance L. Marting and Lori A.
Marting, have executed a Grant of Easement
for Sanitary Sewer Utility across Part of Lot 1
of Mississippi Heights Subdivision No. 5 and
Lot 10 of Mississippi Heights Subdivision No.
3, in the City of Dubuque, Iowa.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
375 Regular Session October 7, 2019 Book 149
Section 1. The City Council of the City of
Dubuque, Iowa, hereby approves of, accepts
and consents to the Grant of Easement for
Sanitary Sewer Utility, across the property as
listed above, in the City of Dubuque, Iowa from
the property owner as listed above, copies of
which are attached hereto.
Section 2. The Mayor is hereby authorized
and directed to execute and acknowledge on
behalf of the City of Dubuque any instruments
in connection herewith.
Section 3. The City Clerk be and is hereby
authorized and directed to record a certified
copy of this resolution with said Grant of
Easement for Sanitary Sewer Utility, in the
offices of the City Assessor, Dubuque County
Recorder and Dubuque County Auditor.
Passed, approved, and adopted this 7th
day of October 2019.
Jake A. Rios, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
19. Emergency Retaining Wall Repair on
Madison Street: City Manager recommending
approval of emergency repairs to the public
retaining wall along Madison Street and the
associated street pavement and sidewalk por-
tions in the interest of public safety and wel-
fare. Upon motion the documents were re-
ceived and filed, and Resolution No. 352-19
Authorizing emergency repairs to the retaining
wall on Madison Street and the associated
street pavement and sidewalk portions was
adopted.
RESOLUTION NO. 352-19
AUTHORIZING EMERGENCY REPAIRS TO
THE RETAINING WALL ON MADISON
STREET AND THE ASSOCIATED STREET
PAVEMENT AND SIDEWALK PORTIONS
Whereas, a public retaining wall adjacent
to Madison Street has failed and has damaged
the pavement and sidewalk portions along
Madison Street as a result of the wall failure;
and
Whereas, Iowa Code § 384.103 provides
that when emergency repair of a public im-
provement is necessary and the delay of ad-
vertising and a public letting might cause seri-
ous loss or injury to the city, the governing
body shall, by resolution, make a finding of the
necessity to institute emergency proceedings
and shall procure a certificate from a compe-
tent registered professional engineer or archi-
tect, not in the regular employ of the city, certi-
fying that emergency repairs are necessary,
and that in that event the governing body may
contract for emergency repairs without holding
a public hearing and advertising for bids; and
Whereas, the City Council finds that the
condition of the retaining wall is a dangerous
structure and constitutes an emergency and
that an emergency repair of the retaining wall
and adjoining public street supported by the
retaining wall is necessary and the delay of
advertising and a public letting might cause
serious loss or injury to the city; and
Whereas, the City has procured a certifi-
cate from a competent professional engineer
registered in the State of Iowa, not in the regu-
lar employ of the City, certifying that emergen-
cy repairs to the retaining wall and street are
necessary.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The City Council finds that it is
necessary to institute emergency proceedings
to repair the retaining wall along Madison
Street including the associated street pave-
ment and sidewalk portions.
Section 2. The City Manager is hereby au-
thorized to proceed with instituting such emer-
gency repairs as provided by law.
Passed, adopted, and approved this 7th
day of October 2019.
Jake A. Rios, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
20. U.S. Environmental Protection Agency
(EPA) Consent Decree Semi Annual Report:
City Manager transmitting the September 30,
2019 Consent Decree Semi Annual Report
required to be submitted to the U.S. Environ-
mental Protection Agency. Upon motion the
documents were received and filed.
21. Civil Service Commission - Certified
Lists: Civil Service Commission submitting
certified lists for the positions of Sanitation
Driver, Utility Worker, and Water Plant Opera-
tor. Upon motion the documents were re-
ceived, filed, and made a Matter of Record.
September 20, 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 Sanitation Driver was administered on Sept.
10, 2019. We hereby certify that the individuals
listed below have passed this written examina-
tion 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.
Sanitation Driver
1. Jeff Christianson*, 2. Justin Licht*, 3. John
Kirk, 4. Kenneth Snow, 5. Jamie Hutchins*, 6.
Joel Kramer*, 7. Nate McLaughlin*, 8. David
Pfeiler*, 9. Dustin Siefkes*, 10. David Blondin*,
11. Tonner Clewell*, 12. Nicholas Connolly*,
13. Scott Wiemerskirch*, 14. James Brosius*,
15. Joseph Davis*, 16. Eugene Downing*, 17.
Kory Folk*, 18. Nicholas Jobgen*, 19. Tim
McGinnis*, 20. Nathan Mohr*, 21. Matt Zen-
376 Regular Session October 7, 2019 Book 149
ner*, 22. Matthew Caley*, 23. Jade Griesing-
er*, 24. James Lux*, 25. Robert McDonald*,
26. Alex Mihalakis*, 27. Broderick Uthe*, 28.
Matthew Walker*, 29. Lucas Garrigus, 30. Da-
vid Hasken*, 31. Jonathan Glaser*, 32. Jared
Brown*, 33. Samuel Feehan*, 34. Ryan
Gansemer*, 35. Brian Kirk*, 36. Thomas
Leifker*, 37. Benjamin Markus*, 38. Robert
Meisenburg*, 39. Robert Valentine*, 40. Brian
Allman*, 41. David Eberling*, 42. Christopher
Matlock*, 43. Mike Pottebuam*, 44. Ryan
Schneider*
*Tie Scores
Respectfully submitted,
/s/Dan White, Chairman
Civil Service Commission
September 20, 2019
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the
Code of Iowa, an entrance examination for the
position of Utility Worker was administered on
August 20, 2019. We hereby certify that the
individuals listed below have passed this writ-
ten examination and the vacancy for this posi-
tion should be made from this list and that this
list is good for one (1) year from above date.
Utility Worker
1. Dustin Siefkes, 2. Terry Fortmann, 3. Tyler
Duerksen, 4. Darren Steil, 5. Richard Thoma,
6. Sam Valentine, 7. Dustin Allen, 8. Richard
Breithaupt, 9. Jared Brown, 10. Mathias
Goodale, 11. Christopher Matlock, 12. Rick
Moore, 13. Benjamin Schidgen, 14. Nate
McLaughlin, 15. Greg Borner, 16. Tonner
Clewell, 17. Jeff Horn, 18. Daniel Huseman,
19. Eli Licht, 20. Mitchell Gaherty, 21. Lucas
Garrigus, 22. Scott Morris, 23. Nathan Mohr,
24. Patrick Gilkes, 25. Mitchel Hammel, 26.
Derek Flesch, 27. Jade Griesinger, 28. Benja-
min Markus, 29. Denny Arensdorf, 30. Marcus
Bower, 31. Brian Engelking, 32. Mark Huekels,
33. Matthew Walker
Respectfully submitted,
/s/Dan White, Chairman
Civil Service Commission
September 20, 2019
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the
Code of Iowa, an entrance examination for the
position of Water Plant Operator was adminis-
tered on August 14, 2019. We hereby certify
that the individuals listed below have passed
this examination and the vacancy for this posi-
tion should be filled from this list and that this
list is good for one (1) year from above date.
Water Plant Operator
1. Michael Felton, 2. Alexander Freisinger, 3.
Nicholas Connolly, 4. Chad Hagge, 5. Luke
Meadows, 6. Ian Hantelmann, 7. Justin Licht,
8. Ted White, 9. Jeffery Davis, Jr., 10. Tom
Sheldon, 11. Timothy Goranson, 12. Nathan
Dillon, 13. Cody Leib,
Respectfully submitted,
/s/Dan White, Chairman
Civil Service Commission
22. Citizen Petition - Climate Emergency
Declaration: Citizen petition submitted by
Richard Fischer regarding a declaration of
Climate Emergency and Demand for Climate
Justice. Upon motion the document was re-
ceived, filed, and referred to the referred to
Resilient Community Advisory Commission.
23. Exploratory Effort to Form a Mississippi
River Port of Eastern Iowa and Western Illinois
Port Statistical Area: City Manager recom-
mending approval of a letter to be sent to Bi-
State Regional Commission expressing sup-
port for an exploratory study of the designation
of eastern Iowa and western Illinois as a port
statistical area. Upon motion the documents
were received, filed and approved.
24. Signed Contract(s): Braun Intertec for
Roosevelt Street Water Tower Advanced Ge-
otechnical Inspection and Testing (Pressure
Zone 2); Dubuque Rescue Mission Revocable
License for placement of planters and trash
receptacles in the public right-of-way at 389
Main Street. Upon motion the documents were
received and filed.
25. Improvement Contracts / Performance,
Payment and Maintenance Bonds: Tschiggfrie
Excavating Co. for the East Blum Site Founda-
tion and Contaminated Soil Removal Project.
Upon motion the documents were received,
filed and approved.
26. Alcohol and Tobacco License Applica-
tions: City Manager recommending approval of
annual liquor, beer, wine and tobacco license
applications as submitted. Upon motion the
documents were received and filed, and Reso-
lution No. 353-19 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; and Resolution No.
354-19 Approving applications for retail ciga-
rette/tobacco sales/nicotine/vapor permits, as
required by Iowa Code Chapter 453A.47A
were adopted.
377 Regular Session October 7, 2019 Book 149
RESOLUTION NO. 353-19
APPROVING APPLICATIONS FOR BEER,
LIQUOR, AND/OR WINE PERMITS, AS RE-
QUIRED BY CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 4 BUSINESS AND LI-
CENSE REGULATIONS, CHAPTER 2 LIQ-
UOR CONTROL, ARTICLE B LIQUOR,
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 re-
quirements 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 di-
rected to cause to be issued the noted permit
types to the following applicants pending sub-
mission of the locally required documentation:
Renewals
Chipotle Mexican Grill, 3450 Dodge St., Suite
101, Class C Liquor License (Outdoor)
(Sunday)
Denny's Lux Club, 3050 Asbury Rd., Class C
Liquor License (Outdoor) (Sunday)
Eagle Country Market, 1800 Elm St., Class E
Liquor, Class C Beer, Class B Wine (Sun-
day)
Fiesta Cancun Authentic Mexican Restaurant,
2515-1 NW Arterial, Class C Liquor License
(Outdoor) (Sunday)
Grand River Center, 500 Bell St., Class C Liq-
uor (Catering) (Sunday)
Grand Tap, The, 802 Central Ave., Class C
Liquor (Outdoor) (Sunday)
Hy-Vee #1 Clubroom, 3500 Dodge St., Special
Class C Liquor (Sunday)
The Copper Kettle, Inc., 2987 Jackson St.,
Class C Liquor, Class B Wine (Living Qtrs.)
(Catering) (Outdoor) (Sunday)
Wal-Mart Supercenter, 4200 Dodge St., Class
E Liquor, Class C Beer, Class B Wine (Sun-
day)
New
Kwik Stop #858, 3340 John F. Kennedy Rd.,
Class C Beer, Class B Native Wine (Sun-
day)
Kwik Stop Food Mart, 4039 Pennsylvania
Ave., Class E Liquor, Class C Beer, Class
B Native Wine (Sunday)
Passed, approved, and adopted this 7th
day of October 2019.
Jake A. Rios, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 354-19
APPROVING APPLICATIONS FOR RETAIL
CIGARETTE / TOBACCO SALES / NICO-
TINE / VAPOR PERMITS, AS REQUIRED BY
IOWA CODE 453A.47A
Whereas, applications for Ciga-
rette/Tobacco Sales have been submitted and
filed with the City Council for approval and the
same have been examined and approved; and
Whereas, the premises to be occupied by
such applicants were inspected and found to
comply with the Ordinances of the City and the
applicants have filed the proper fees and oth-
erwise 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 di-
rected to cause to be issued the following
named applicants and locations for ciga-
rette/tobacco sales permit.
Business Name, Business Address
EZ Stop II, 700 Rhomberg Ave.
Passed, approved, and adopted this 7th
day of October, 2019.
Jake A. Rios, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
ITEMS SET FOR PUBLIC HEARING
Motion by Jones to receive and file the
documents, adopt the resolutions, set the pub-
lic hearings as indicated, and direct the City
Clerk to publish notice as prescribed by law.
Seconded by Shaw. Motion carried 6-0.
1. Merge, LLC Development Agreement:
City Manager recommending that the City
Council set a public hearing for November 18,
2019, on the proposed Development Agree-
ment between Merge, LLC and the City of
Dubuque providing for the sale of City-owned
real estate in Greater Downtown Urban Re-
newal District to Merge, LLC and the issuance
of Urban Renewal Tax Increment Revenue
Grant obligations. Upon motion the documents
were received and filed and Resolution No.
355-19 (1) Approving the Minimum Require-
ments, Competitive Criteria, and Offering Pro-
cedures for the Development and the Sale of
Certain Real Property And Improvements in
the Greater Downtown Urban Renewal District;
(2) Determining that the Offer to Purchase
submitted by Merge, LLC satisfies the Offering
Requirements with respect to the real property
and improvements and declaring the intent of
the City Council to approve the sale to Merge,
LLC in the event that no competing proposals
are submitted; and
378 Regular Session October 7, 2019 Book 149
(3) Soliciting competing proposals was
adopted setting a public hearing for a meeting
to commence at 6:00 p.m. on November 18,
2019 in the Historic Federal Building.
RESOLUTION NO. 355-19
RESOLUTION (1) APPROVING THE MINI-
MUM REQUIREMENTS, COMPETITIVE CRI-
TERIA, AND OFFERING PROCEDURES
FOR THE DEVELOPMENT AND THE SALE
OF CERTAIN REAL PROPERTY AND IM-
PROVEMENTS IN THE GREATER DOWN-
TOWN URBAN RENEWAL DISTRICT; (2)
DETERMINING THAT THE OFFER TO PUR-
CHASE SUBMITTED BY MERGE, LLC SAT-
ISFIES THE OFFERING REQUIREMENTS
WITH RESPECT TO THE REAL PROPERTY
AND IMPROVEMENTS AND DECLARING
THE INTENT OF THE CITY COUNCIL TO
APPROVE THE SALE TO MERGE, LLC IN
THE EVENT THAT NO COMPETING PRO-
POSALS ARE SUBMITTED; AND (3) SOLIC-
ITING COMPETING PROPOSALS
Whereas, the City Council of Dubuque, Io-
wa, did on March 18, 2019 adopt an Amended
and Restated Urban Renewal Plan for the
Greater Downtown Urban Renewal District
(“the Plan”) for the Urban Renewal Area de-
scribed therein; and
Whereas, the Plan provides, among other
things, for the disposition of properties for pri-
vate development purposes as a proposed
economic development action; and
Whereas, Merge, LLC (“Developer”) has
submitted to the City a proposal in the form of
an offer to purchase (the “Development
Agreement”) for the purchase of certain City-
owned real property hereinafter described
(“the Property”), which Development Agree-
ment proposes the Developer will undertake
the construction of a building located at the
corner of Ice Harbor Drive and East 5th Street
as described therein, which Property is the real
estate consisting of approximately 1.22 acres
shown on Exhibit A, and which Development
Agreement requests that this Property be
made available for sale as rapidly as possible;
and
Whereas, in order to establish reasonably
competitive bidding procedures for the disposi-
tion of the Property in accordance with the
statutory requirements of Iowa Code Chapter
403, specifically, Section 403.8, and to assure
that the City extends a full and fair opportunity
to all developers interested in submitting a
proposal, a summary of submission require-
ments and minimum requirements and com-
petitive criteria for the Property offering is in-
cluded herein; and
Whereas, said Developer has signed a
Development Agreement with the City, current-
ly on file at the Office of the City Clerk; and
Whereas, to recognize both the firm pro-
posal for sale of the Property and improve-
ments already received by the City in the form
of the Development Agreement, as described
above, and to give full and fair opportunity to
other developers interested in submitting a
proposal for the sale and development of the
Property, this Council should by this Resolu-
tion:
1) Set the fair market value of the
Property for uses in accordance with the
Plan;
2) Approve the minimum requirements
and competitive criteria included herein;
3) Approve as to form the Development
Agreement;
4) Set a date for receipt of competing
proposals and the opening thereof;
5) Declare that the proposal submitted
by Developer satisfies the minimum re-
quirements of the offering, and that in the
event no other qualified proposal is timely
submitted, that the City Council intends to
accept such proposal and authorize the
City Manager to sign the Development
Agreement;
6) Approve and direct publication of a
notice to advise any other person of the
opportunity to compete for sale of the
Property on the terms and conditions set
forth herein; and
7) Declare that in the event another
qualified proposal is timely submitted and
accepted, another and future notice will be
published on the intent of the City to enter
into the resulting contract, as required by
law; and
Whereas, the City Council believes it is in
the best interest of the City and the Plan to act
as expeditiously as possible to sell the Proper-
ty as set forth herein.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The Property shown on Exhibit
A attached hereto, shall be offered for sale in
accordance with the terms and conditions con-
tained in this Resolution.
Section 2. It is hereby determined that in
order to qualify for consideration for selection,
any person must submit a proposal which
meets these minimum requirements:
1) Contains an agreement to purchase
the Property, shown on Exhibit A, at not
less than fair market value, which for the
purposes of this resolution is hereby de-
termined to be $ 807,842.52 and $
162,230.67 for requires easements for a
total purchase price of $ 970,073.19;
2) States the number of residential
units and square feet of commercial/retail
space that will be created in the proposal’s
project;
379 Regular Session October 7, 2019 Book 149
3) Sets out or provides to the satisfac-
tion of the City Council the experience of
the principals and key staff who are directly
engaged in the performance of contract ob-
ligations in carrying out projects of similar
scale and character; and
4) Meets, at a minimum, the terms and
conditions of the Development Agreement
submitted by the Developer including an
agreement to invest not less than
$18,000,000 to complete construction of
the 187 residential units and 23,000 of
commercial/retail space in the building.
Section 3. The Development Agreement by
and between the City and the Developer be
and is hereby approved as to form for the pur-
poses hereinafter stated.
Section 4. For the purpose of defining the
offering of the Property for sale, said Devel-
opment Agreement shall be deemed to be
illustrative of the terms acceptable to the City
with respect to:
1) Timely completion of the construc-
tion project;
2) Construction of minimum improve-
ments;
3) Developer and City obligations; and
4) General terms and conditions.
Section 5. The Development Agreement
submitted by the Developer satisfies the re-
quirements of this offering and, in the event
that no other qualified proposals are timely
submitted, that the City Council intends to ac-
cept and approve the Development Agree-
ment.
Section 6. It is hereby determined that the
Developer possesses the qualifications, finan-
cial resources and legal ability necessary to
purchase the Property shown on Exhibit A and
to construct, manage and operate the site in
the manner proposed by this offering in ac-
cordance with the Plan.
Section 7. The City Clerk shall receive and
retain for public examination the attached De-
velopment Agreement submitted by the Devel-
oper and, in the event no other qualified pro-
posals are timely submitted, shall resubmit the
Development Agreement to the City Council
for final approval and execution upon expira-
tion of the notice hereinafter prescribed.
Section 8. The action of the City Council be
considered to be and does hereby constitute
notice to all concerned of the intention of this
Council, in the event that no other qualified
proposals are timely submitted, to accept the
proposal of the Developer to purchase the
Property shown on Exhibit A and to approve
the Development Agreement by and between
City and Developer.
Section 9. The official notice of this offering
and of the intent of the City, in the event no
other qualified proposals are timely submitted,
to approve the Development Agreement, shall
be a true copy of this Resolution, but without
the attachments referred to herein.
Section 10. The City Clerk is authorized
and directed to secure immediate publication
of said official notice in the Telegraph Herald,
a newspaper having a general circulation in
the community, by publication of the text of this
Resolution on or before the 11th day of Octo-
ber 2019.
Section 11. Written proposals for the sale
of the Property shown on Exhibit A will be re-
ceived by the City Clerk at or before 10:00
a.m., November 12, 2019, in the Office of the
City Clerk, located on the first floor at City Hall,
50 West 13th Street, Dubuque, Iowa 52001.
Each proposal will be opened at the hour of
10:00 a.m. in City Hall, Dubuque, Iowa on No-
vember 18, 2019. Said proposals will then be
presented to the City Council at 6:00 p.m.,
November 18, 2019, at a meeting to be held in
the City Council Chambers, Historic Federal
Building at 350 West 6th Street, Dubuque, Io-
wa.
Section 12. The method of offering the
Property for sale as set forth herein is in sub-
stantial conformance with the provisions of
Iowa Code Section 403.8, requiring reasona-
ble competitive bidding procedures as are
hereby prescribed and “fair value.”
Section 13. The required documents for
the submission of a proposal shall be in sub-
stantial conformity with the provisions of this
Resolution.
Section 14. The City Clerk is hereby nomi-
nated and appointed as the agent of the City of
Dubuque, Iowa to receive proposals for the
sale of the Property on that date and according
to the procedure hereinabove specified for
receipt of such proposals and to proceed at
such time to formally acknowledge receipt of
each of such proposal by noting the receipt of
same in the Minutes of the Council; that the
City Manager is hereby authorized and di-
rected to make preliminary analysis of each
such proposal for compliance with the mini-
mum requirements established by this Council
hereinabove. For each proposal that satisfies
these requirements, the City Council shall
judge the strength of the proposal by the com-
petitive criteria established hereinabove. The
City Council shall then make the final evalua-
tion and selection of the proposals.
Section 15. If, and only if, competing pro-
posals are received and determined by the
Council to meet the minimum requirements
described herein, the Developer shall be al-
lowed to amend its proposal in response there-
to and to deliver same to the City Manager, by
no later than a date determined by the City
Council. In such event, the Council shall
schedule a subsequent meeting to be held by
the City Manager at which there shall be a bid -
off conducted by the City Manager. During
380 Regular Session October 7, 2019 Book 149
such bid-off, each competing bidder shall bid
against the other, starting with the second pro-
posal received and continuing until such time
as each bidder shall decline to improve its
proposal to acquire and redevelop the Proper-
ty shown on Exhibit A in response to the last
bid of the other bidder or bidders. The period
of time to be allowed for such bid-off shall be
determined by the City Manager. The rules of
such bid-off shall be as determined by the City
Manager at or before such bid-off period and
shall be absolute.
Section 16. In the event another qualified
proposal is timely submitted and accepted by
the City, another and further notice shall be
published of the intent of the City of Dubuque,
Iowa, to enter into the resulting agreement, as
required by law.
Passed, approved, and adopted this 7th
day of October 2019.
Jake A. Rios, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
2. Greater Downtown Urban Renewal Dis-
trict - Resolution of Necessity: City Manager
recommending approval of a resolution that
authorizes and directs the City Manager to
prepare a proposed Amended and Restated
Urban Renewal Plan for the Greater Down-
town Urban Renewal District and sets a public
hearing for November 18, 2019, on the pro-
posed Amended and Restated Urban Renewal
Plan. Upon motion the documents were re-
ceived and filed and Resolution No. 356-19
Authorizing and directing the City Manager to
prepare an Amended and Restated Urban
Renewal Plan for the Greater Downtown Ur-
ban Renewal District, and setting dates of
hearing and consultation on a proposed
Amended and Restated Urban Renewal Plan
for said District was adopted setting a public
hearing for a meeting to commence at 6:00
p.m. on November 18, 2019 in the Historic
Federal Building.
RESOLUTION NO. 356-19
AUTHORIZING AND DIRECTING THE CITY
MANAGER TO PREPARE AN AMENDED
AND RESTATED URBAN RENEWAL PLAN
FOR THE GREATER DOWNTOWN URBAN
RENEWAL DISTRICT, AND SETTING
DATES OF HEARING AND CONSULTATION
ON A PROPOSED AMENDED AND RE-
STATED URBAN RENEWAL PLAN FOR
SAID DISTRICT
Whereas, the City Council of the City of
Dubuque has heretofore approved the
Amended and Restated Urban Renewal Plan
(the “Plan” or “Urban Renewal Plan”) for the
Greater Downtown Urban Renewal District
(the “District”) in order to provide redevelop-
ment opportunities which will further the pur-
poses and objectives of the foregoing Urban
Renewal Plan; and
Whereas, City staff has recommended that
the Plan be amended to add additional project
details; and
Whereas, Chapter 403 of the Iowa Code
requires that before a Plan may be modified,
the City Council must follow the notification,
consultation, and public hearing process set
forth therein.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The City Manager is authorized
and directed to prepare an Amended and Re-
stated Urban Renewal Plan for the Greater
Downtown Urban Renewal District to include in
such Plan any appropriate project activities
and details, and to determine an appropriate
date for and conduct the consultation process
required by law with affected taxing entities
concerning the proposed amendment.
Section 2. The City Council hold a public
hearing on the adoption of the proposed
Amended and Restated Urban Renewal Plan
for the Greater Downtown Urban Renewal
District on November 18, 2019 at 6:00 p.m. in
the Historic Federal Building, 350 West 6th
Street, Dubuque, Iowa 52001. The notice of
said hearing shall generally identify the areas
covered by the Plan and the general scope of
the urban renewal activities planned for such
areas, and said notice shall be published in a
newspaper having general circulation within
the City not less than four days nor more than
twenty days before the date of said meeting. A
copy of the notice of public hearing shall be
sent by ordinary mail to the affected taxing
entities.
Section 3. The City Clerk is further directed
to send by ordinary mail a copy of said Plan,
the notice of public hearing, a notice of consul-
tation, and, to the extent the Plan includes the
use of tax increment revenues for a public
building, an analysis of alternative develop-
ment and funding options for such public build-
ings, to the Dubuque Community School Dis-
trict and the Dubuque County Board of Super-
visors, as the affected taxing entities.
Passed, approved, and adopted this 7th
day of October 2019.
Jake A. Rios, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
3. Establishment of the Dubuque Urban
Revitalization District: City Manager recom-
mending adoption of a resolution setting a
public hearing for November 18, 2019, on the
Dubuque Urban Revitalization Plan. Upon mo-
tion the documents were received and filed
and Resolution No. 357-19 Finding that the
designation of the Dubuque urban Revitaliza-
tion Plan is necessary in the interest of the
381 Regular Session October 7, 2019 Book 149
public health, safety and welfare of the resi-
dents of the City of Dubuque and providing for
a public hearing thereon was adopted setting a
public hearing for a meeting to commence at
6:00 p.m. on November 18, 2019 in the Histor-
ic Federal Building.
RESOLUTION NO. 357-19
FINDING THAT THE DESIGNATION OF THE
DUBUQUE URBAN REVITALIZATION PLAN
IS NECESSARY IN THE INTEREST OF THE
PUBLIC HEALTH, SAFETY, AND WELFARE
OF THE RESIDENTS OF THE CITY OF
DUBUQUE AND PROVIDING FOR A PUBLIC
HEARING THEREON
Whereas, as a preliminary step to exercis-
ing the authority to approve an area for "urban
revitalization" conferred upon Iowa municipali-
ties by Chapter 404 of the Code of Iowa, a
municipality must adopt a resolution finding
that the rehabilitation, conservation, redevel-
opment, economic development, or a combi-
nation thereof of the area is necessary in the
interest of public health, safety, or welfare of
the residents of the city; and
Whereas, the City Council of the City of
Dubuque finds that properties in the Dubuque
Urban Revitalization Plan are in an area which
there is a predominance of buildings or im-
provements which by reason age, history, ar-
chitecture, or significance should be preserved
or restored to productive use: and
Whereas, Chapter 404 of the Code of Iowa
provides for the establishment of an urban
revitalization area for such properties following
a public hearing.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The rehabilitation, conservation,
and redevelopment of the area described in
the attached Dubuque Urban Revitalization
Plan is found to be necessary in the interest of
the public health, safety and welfare of the
residents of the City, to wit:
Section 2. The Dubuque Urban Revitaliza-
tion Plan as proposed meets the eligibility cri-
teria of Chapter 404.1 of the Code of Iowa.
Section 3. The Dubuque Urban Revitaliza-
tion Plan shall be a matter of record and shall
be available for public inspection in the office
of the City Clerk at City, Hall 50 West 13th
Street, Dubuque, Iowa.
Section 4. The City’s Long-Range Planning
Advisory Commission has reviewed the plan
and has determined it to be in compliance with
the City of Dubuque’s Comprehensive Plan.
Section 5. The City Clerk is directed to
publish notice of a public hearing on the adop-
tion of the Dubuque Urban Revitalization Plan
to be held on November 18, 2019 at 6:00 p.m.
in the Historic Federal Building, 350 W. 6th
Street, Dubuque, Iowa.
Section 6. The owners of record and ten-
ants living within the proposed area will be
notified by the thirtieth day prior to the public
hearing.
Passed, approved, and adopted this 7th
day of October 2019.
Jake A. Rios, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
4. Progressive Processing, LLC Third
Amendment to Development Agreement: City
Manager recommending approval of a Third
Amendment to the Development Agreement
between the City of Dubuque and Progressive
Processing, LLC to facilitate Progressive Pro-
cessing's expansion. Upon motion the docu-
ments were received and filed and Resolution
No. 358-19 Resolution of Intent to consider a
proposed Third Amendment to Development
Agreement; fixing the date for a public hearing
of the City Council of the City of Dubuque,
Iowa on the proposed issuance of Urban Re-
newal Tax Increment Revenue Grant Obliga-
tions to Progressive Processing, LLC; and
providing for the publication of notice thereof
was adopted setting a public hearing for a
meeting to commence at 6:00 p.m. on Novem-
ber 4, 2019 in the Historic Federal Building.
RESOLUTION NO. 358-19
INTENT TO CONSIDER A PROPOSED
THIRD AMENDMENT TO DEVELOPMENT
AGREEMENT; FIXING THE DATE FOR A
PUBLIC HEARING OF THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA ON THE
PROPOSED ISSUANCE OF URBAN RE-
NEWAL TAX INCREMENT REVENUE
GRANT OBLIGATIONS TO PROGRESSIVE
PROCESSING, LLC; AND PROVIDING FOR
THE PUBLICATION OF NOTICE THEREOF
Whereas, the City of Dubuque, Iowa (City)
and Progressive Processing, LLC entered into
a Development Agreement (the Development
Agreement) dated for reference purposes the
21st day of April 2008, for a processing opera-
tion in Dubuque Industrial Center West in the
City of Dubuque which included the issuance
of economic development grants (Urban Re-
newal Tax Increment Revenue Grant Obliga-
tions) to Progressive Processing, LLC in con-
nection with the foregoing development; and
Whereas, Progressive Processing, LLC in-
tends to expand its processing operation with
an additional investment of $13,000,000.00 in
machinery and equipment and building im-
provements to its facility and to create an addi-
tional fifty-eight (58) full-time jobs in Dubuque;
and
Whereas, City has agreed to provide Pro-
gressive Processing, LLC additional economic
development grants in consideration for the
expansion of its processing operation; and
382 Regular Session October 7, 2019 Book 149
Whereas, City and Progressive Pro-
cessing, LLC now desire to amend the Devel-
opment Agreement as set forth in the Third
Amendment to Development Agreement, a
copy of which is now on file at the Office of the
City Clerk, City Hall, 50 W. 13th Street, Dubu-
que, Iowa, providing for the issuance of addi-
tional economic development grants (Urban
Renewal Tax Increment Revenue Grant Obli-
gations) to Progressive Processing, LLC in
connection with the foregoing developments;
and
Whereas, the City Council finds that it is in
the best interests of the City to approve the
Third Amendment to Development Agreement;
and
Whereas, before the Third Amendment to
Development Agreement providing for the is-
suance of additional Urban Renewal Tax In-
crement Revenue Grant Obligations may be
approved, Chapter 403 of the Code of Iowa
requires that the City Clerk publish a notice of
the proposal and of the time and place of the
meeting at which the City Council proposes to
take action thereon and at which meeting the
City Council shall receive oral and/or written
objections from any resident or property owner
of the City to such proposed action.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The City Council intends to ap-
prove the issuance of additional Urban Re-
newal Tax Increment Revenue Grant Obliga-
tions pursuant to the proposed Third Amend-
ment to Development Agreement.
Section 2. The City Clerk is hereby author-
ized and directed to cause a notice to be pub-
lished as prescribed by Iowa Code Section
403.9 of a public hearing on the City's intent to
authorize additional Urban Renewal Tax In-
crement Revenue Grant Obligations, to be
held on the 4th day of November 2019, at 6:00
o'clock p.m. in the City Council Chambers at
the Historic Federal Building, 350 W. 6th St.,
Dubuque, Iowa.
Section 3. The notice of the proposed ac-
tion shall be in substantially the form attached
hereto.
Passed, approved, and adopted this 7th
day of October, 2019.
Jake A. Rios, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
5. Walter Development, LLC; BAS Devel-
opment, LLC; and Unison Solutions Develop-
ment Agreement: City Manager recommending
that the City Council set a public hearing for
November 4, 2019, on a proposed Develop-
ment Agreement by and among the City of
Dubuque, Walter Development, 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. Upon motion the documents were
received and filed and Resolution No. 359-19
Resolution of Intent to dispose of an interest in
City of Dubuque Owned real estate by sale to
BAS Development, LLC pursuant to a pro-
posed Development Agreement; fixing the
date for a public hearing of the City Council of
the City of Dubuque, Iowa on the proposed
sale of the real estate and on the issuance of
Urban Renewal Tax Increment Revenue Grant
Obligations to Unison Solutions, Inc.; and
providing for the publication of notice thereof
was adopted setting a public hearing for a
meeting to commence at 6:00 p.m. on Novem-
ber 4, 2019 in the Historic Federal Building.
RESOLUTION NO. 359-19
INTENT TO DISPOSE OF AN INTEREST IN
CITY OF DUBUQUE OWNED REAL ESTATE
BY SALE TO BAS DEVELOPMENT, LLC
PURSUANT TO A PROPOSED DEVELOP-
MENT AGREEMENT; FIXING THE DATE
FOR A PUBLIC HEARING OF THE CITY
COUNCIL OF THE CITY OF DUBUQUE, IO-
WA ON THE PROPOSED SALE OF THE
REAL ESTATE AND ON THE ISSUANCE OF
URBAN RENEWAL TAX INCREMENT REV-
ENUE GRANT OBLIGATIONS TO UNISON
SOLUTIONS, INC.; AND PROVIDING FOR
THE PUBLICATION OF NOTICE THEREOF
Whereas, Walter Development, LLC, is the
owner of the following described real estate
(the Walter Development Property):
LOT 2-1 WALTER ADD; locally known
as 5301 CHAVENELLE RD; and
Whereas, BAS Development, LLC is the
owner of the following described real estate
(the BAS Property):
LOT 1 WALTER SECOND ADD; locally
known as 5451 CHAVENELLE RD; and
Whereas, Unison Solutions, Inc. leases a
part of the Walter Development Property for its
operations (the Facility); and
Whereas, Unison Solutions, Inc. has de-
termined that it requires an expanded Facility
to maintain and expand its operations and
employment; and
Whereas, the Facility will be the home of-
fice for a multistate business; and
Whereas, the City of Dubuque (City) is the
owner of the following described real property:
LOT 2-2 OF MCFADDEN FARM
PLACE in the City of Dubuque, Iowa
(the City Property); and
Whereas, BAS Development, LLC has re-
quested that City sell to it the City Property so
that Walter Development, LLC may develop
the Walter Development Property and the City
Property for the expansion of the Facility; and
Whereas, Walter Development, LLC will
undertake the expansion of a building for the
383 Regular Session October 7, 2019 Book 149
Facility and will make a capital investment in
building improvements, equipment, furniture,
and fixtures; and
Whereas, Unison Solutions, Inc. will create
Ten (10) new full-time jobs at the expanded
Facility; and
Whereas, City, Walter Development, LLC,
BAS Development, LLC, and Unison Solu-
tions, Inc. have caused to be prepared a De-
velopment Agreement, a copy of which is now
on file at the Office of the City Clerk, City Hall,
50 W. 13th Street, Dubuque, Iowa, providing
for the sale of the City Property to BAS Devel-
opment, LLC, the development of the Property
by Walter Development, LLC, and the issu-
ance of economic development grants (Urban
Renewal Tax Increment Revenue Grant Obli-
gations) to Unison Solutions, Inc. in connection
with the foregoing developments; and
Whereas, the City Council finds that it is in
the best interests of the City to approve the
Development Agreement; and
Whereas, before the Development Agree-
ment providing for the sale of the City Property
and the issuance of Urban Renewal Tax In-
crement Revenue Grant Obligations the may
be approved, Chapter 403 of the Code of Iowa
requires that the City Clerk publish a notice of
the proposal and of the time and place of the
meeting at which the City Council proposes to
take action thereon and at which meeting the
City Council shall receive oral and/or written
objections from any resident or property owner
of the City to such proposed action.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The City Council intends to dis-
pose of its interest in the City Property by sale
to BAS Development, LLC and approve the
issuance of Urban Renewal Tax Increment
Revenue Grant Obligations pursuant to the
proposed Development Agreement.
Section 2. The City Clerk is hereby author-
ized and directed to cause a notice to be pub-
lished as prescribed by Iowa Code Section
403.9 of a public hearing on the City's intent to
dispose of its interest in the Expansion Proper-
ty and to authorize Urban Renewal Tax Incre-
ment Revenue Grant Obligations, to be held
on the 4th day of November 2019, at 6:00
o'clock p.m. in the City Council Chambers at
the Historic Federal Building, 350 W. 6th St.,
Dubuque, Iowa.
Section 3. The notice of the proposed ac-
tion shall be in substantially the form attached
hereto.
Passed, approved, and adopted this 7th
day of October, 2019.
Jake A. Rios, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
6. Walter Development, LLC Development
Agreement: City Manager recommending that
the City Council set a public hearing for No-
vember 4, 2019 to approve the Development
Agreement between the City of Dubuque and
Walter Development, LLC. Upon motion the
documents were received and filed and Reso-
lution No. 360-19 Resolution of Intent to dis-
pose of an interest in City of Dubuque real
estate pursuant to a Development Agreement
Between the City of Dubuque and Walter De-
velopment, LLC and fixing the date for a public
hearing of the City Council of the City of
Dubuque, Iowa on the Development Agree-
ment including the proposed issuance of Ur-
ban Renewal Tax Increment Revenue Grant
Obligations and providing for the publication of
notice thereof was adopted setting a public
hearing for a meeting to commence at 6:00
p.m. on November 4, 2019 in the Historic Fed-
eral Building.
RESOLUTION NO. 360-19
INTENT TO DISPOSE OF AN INTEREST IN
CITY OF DUBUQUE REAL ESTATE PUR-
SUANT TO A DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF DUBUQUE AND
WALTER DEVELOPMENT, LLC AND FIXING
THE DATE FOR A PUBLIC HEARING OF
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA ON THE DEVELOPMENT
AGREEMENT INCLUDING THE PROPOSED
ISSUANCE OF URBAN RENEWAL TAX IN-
CREMENT REVENUE GRANT OBLIGA-
TIONS AND PROVIDING FOR THE PUBLI-
CATION OF NOTICE THEREOF
Whereas, the City of Dubuque, Iowa (City)
is the owner of the two separately identified
parcels totaling approximately 17.64 acres,
referred to herein and in Exhibit B-2 as Parcel
A and Parcel B (the Property); and
Whereas, City and Walter Development,
LLC have entered into a Development Agree-
ment, subject to the approval of the City Coun-
cil, pursuant to which City will convey the
Property to Walter Development, LLC, and
Walter Development, LLC will construct on the
Property certain improvements described in
the Development Agreement; and
Whereas, the City Council has tentatively
determined that it would be in the best inter-
ests of City to approve the Development
Agreement, including the conveyance of the
Property to Walter Development, LLC; and
Whereas, the Development Agreement
provides for the issuance by City of economic
development grants to Walter Development,
LLC, referred to therein as Urban Renewal Tax
Increment Revenue Grant Obligations, paya-
ble from the tax increment revenues collected
in respect of the Improvements to be con-
structed by Walter Development, LLC in ac-
cordance with the Development Agreement,
384 Regular Session October 7, 2019 Book 149
for the purpose of carrying out the objectives
of an Urban Renewal Plan as hereinafter de-
scribed; and
Whereas, before said obligations may be
approved, Chapter 403 of the Code of Iowa
requires that the City Clerk publish a notice of
the proposal and of the time and place of the
meeting at which the City Council proposes to
take action thereon and at which meeting the
City Council shall receive oral and/or written
objections from any resident or property owner
of said City to such proposed action.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The City of Dubuque intends to
dispose of its interest in the foregoing-
described Property by Deed to Walter Devel-
opment, LLC pursuant to the proposed Devel-
opment Agreement.
Section 2. The City Clerk is hereby author-
ized and directed to cause this Resolution and
a notice to be published as prescribed by Iowa
Code Section 364.7 of a public hearing on the
City’s intent to dispose of the foregoing-
described Property, to be held on the 4th day of
November 2019 at 6:00 p.m. in the City Coun-
cil Chambers at the Historic Federal Building,
350 W. 6th Street, Dubuque, Iowa.
Section 3. The City Council will also meet
at said time and place for the purpose of taking
action on the matter of authorizing Urban Re-
newal Tax Increment Revenue obligations and
the execution of the Development Agreement
relating thereto with Walter Development, LLC,
the proceeds of which obligations will be used
to carry out certain of the special financing
activities described in the Urban Renewal Plan
for the Dubuque Industrial Center Economic
Development District, consisting of the funding
of economic development grants to Walter
Development, LLC pursuant to the Develop-
ment Agreement under the terms and condi-
tions of said Urban Renewal Plan. It is ex-
pected that the aggregate amount of the Tax
Increment Revenue obligations will be approx-
imately $2,630,000.
Section 4. The City Clerk is hereby di-
rected to cause at least one publication to be
made of a notice of said meeting, in a news-
paper, printed wholly in the English language,
published at least once weekly, and having
general circulation in said City, said publication
to be not less than four days nor more than
twenty days before the date of said meeting on
the disposal of the City’s interest in the Proper-
ty and the issuance of said obligations.
Section 5. The notice of the proposed ac-
tion shall be in substantially the form attached
hereto.
Passed, approved, and adopted this 7th
day of October, 2019.
Jake A. Rios, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
7. Ice Harbor Flood Gate Abutment Repair
Project: City Manager recommending initiation
of the public bidding procedure for the Ice
Harbor Gate Abutment Repair Project, and
further recommends that a public hearing be
set for November 4, 2019. Upon motion the
documents were received and filed and Reso-
lution No. 361-19 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 of bids was adopted setting a public
hearing for a meeting to commence at 6:00
p.m. on November 4, 2019 in the Historic Fed-
eral Building.
RESOLUTION NO. 361-19
ICE HARBOR FLOOD GATE ABUTMENT
REPAIR PROJECT
PRELIMINARY APPROVAL OF PLANS,
SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST; SETTING DATE
OF PUBLIC HEARING ON PLANS, SPECI-
FICATIONS, 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, specifica-
tions, form of contract and estimated cost for
the Ice Harbor Flood Gate Abutment Repair
Project in the estimated amount of $85,000 are
hereby preliminarily approved and ordered
filed in the office of the City Clerk for public
inspection.
Section 2. A public hearing will be held on
the 4th day of November, 2019, at 6:00 p.m. in
the Historic Federal Building Council Cham-
bers (second floor) 350 W. 6th Street, Dubu-
que, Iowa, at which time interested persons
may appear and be heard for or against the
proposed plans and specifications, form of
contract and estimated cost of said Project,
and the City Clerk be and is hereby directed to
cause the attached notice of the time and
place of such hearing to be published in a
newspaper having general circulation in the
City of Dubuque, Iowa, which notice shall be
published not less than four days nor more
than twenty days prior to the date of such
hearing. At the hearing, any interested person
may appear and file objections to the proposed
plans, specifications, form of contract, or esti-
mated cost of the Project.
Section 3. The Ice Harbor Flood Gate
Abutment Repair Project is hereby ordered to
385 Regular Session October 7, 2019 Book 149
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 di-
rected to advertise for bids for the construction
of the improvements herein provided, by pub-
lishing the attached Notice to Bidders to be
published in the Master Builders of Iowa Plan
Room, The Construction Update Network and
posted on the City of Dubuque website at
www.cityofdubuque.org/bids and which notice
shall be published not less than thirteen but
not more than forty-five days before the date
for filing bids before 2:00 p.m. on the 5 th day of
November, 2019. Bids shall be opened and
read by the City Clerk at said time and will be
submitted to the City Council for final action at
6:00 p.m. on or about the 18th day of Novem-
ber 2019, in the Historic Federal Building
Council Chambers (second floor), 350 West 6th
Street, Dubuque, Iowa.
Passed, adopted, and approved this 7th
day of October 2019.
Jake A. Rios, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
8. Dubuque Industrial Center West (DICW)
Urban Renewal Plan Amendment 2019.1 -
Resolution of Necessity: City Manager rec-
ommending approval of a Resolution of Ne-
cessity which finds that an Amended and Re-
stated Urban Renewal Plan for the Dubuque
Industrial Center Economic Development Dis-
trict is both necessary and appropriate and
sets a public hearing on the proposed Amend-
ed and Restated Urban Renewal Plan for No-
vember 4, 2019. Upon motion the documents
were received and filed and Resolution No.
362-19 Authorizing and directing the City
Manager to prepare an Amended and Restat-
ed Urban Renewal Plan for the Dubuque In-
dustrial Center Economic Development Dis-
trict, and setting dates of hearing and consulta-
tion on the proposed Amended and Restated
Urban Renewal Plan for said District was
adopted setting a public hearing for a meeting
to commence at 6:00 p.m. on November 4,
2019 in the Historic Federal Building.
RESOLUTION NO. 362-19
AUTHORIZING AND DIRECTING THE CITY
MANAGER TO PREPARE AN AMENDED
AND RESTATED URBAN RENEWAL PLAN
FOR THE DUBUQUE INDUSTRIAL CENTER
ECONOMIC DEVELOPMENT DISTRICT,
AND SETTING DATES OF HEARING AND
CONSULTATION ON THE PROPOSED
AMENDED AND RESTATED URBAN RE-
NEWAL PLAN FOR SAID DISTRICT
Whereas, the City Council of the City of
Dubuque has heretofore approved the
Amended and Restated Urban Renewal Plan
(the “Plan” or “Urban Renewal Plan”) for the
Dubuque Industrial Center Economic Devel-
opment District (the “District”) in order to pro-
vide redevelopment opportunities which will
further the purposes and objectives of the
foregoing Urban Renewal Plan; and
Whereas, City staff has recommended that
the Plan be amended to add additional project
details; and
Whereas, Iowa Code Chapter 403 requires
that before a Plan may be modified, the City
Council must follow the notification, consulta-
tion, and public hearing process set forth
therein.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The City Manager is authorized
and directed to prepare an Amended and Re-
stated Urban Renewal Plan for the Dubuque
Industrial Center Economic Development Dis-
trict to include in such Plan any appropriate
project activities and details, and to determine
an appropriate date for and conduct the con-
sultation process required by law with affected
taxing entities concerning the proposed
amendment.
Section 2. The City Council hold a public
hearing on the adoption of the proposed
Amended and Restated Urban Renewal Plan
for the Dubuque Industrial Center Economic
Development District on November 4, 2019 at
6:00 p.m. in the Historic Federal Building, 350
West 6th Street, Dubuque, Iowa 52001. The
notice of said hearing shall generally identify
the areas covered by the Plan and the general
scope of the urban renewal activities planned
for such areas and said notice shall be pub-
lished in a newspaper having general circula-
tion within the City not less than four days nor
more than twenty days before the date of said
meeting. A copy of the notice of public hearing
shall be sent by ordinary mail to the affected
taxing entities.
Section 3. The City Clerk is further directed
to send by ordinary mail a copy of said Plan,
the notice of public hearing, a notice of consul-
tation, and, to the extent the Plan includes the
use of tax increment revenues for a public
building, an analysis of alternative develop-
ment and funding options for such public build-
ings, to the Dubuque Community School Dis-
trict and the Dubuque County Board of Super-
visors, as the affected taxing entities.
Passed, approved, and adopted this 7th
day of October 2019.
Jake A. Rios, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
9. Multicultural Family Center Expansion
and Renovation Project: City Manager recom-
mending initiation of the public bidding proce-
386 Regular Session October 7, 2019 Book 149
dure for the Multicultural Family Center Ex-
pansion and Renovation Project, and further
recommends that a public hearing be set for
October 21, 2019. Upon motion the documents
were received and filed and Resolution No.
363-19 Preliminary Approval of plans, specifi-
cations, form of contract, and estimated cost;
setting date of public hearing on plans, specifi-
cations, form of contract, and estimated cost;
and ordering the advertisement for bids was
adopted setting a public hearing for a meeting
to commence at 6:00 p.m. on October 21,
2019 in the Historic Federal Building.
RESOLUTION NO. 363-19
MULTICULTURAL FAMILY CENTER EX-
PANSION AND RENOVATION PROJECT
PRELIMINARY APPROVAL OF PLANS,
SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST; SETTING DATE
OF PUBLIC HEARING ON PLANS, SPECI-
FICATIONS, 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, specifica-
tions, form of contract and estimated cost for
the Multicultural Family Center Expansion and
Renovation Project in the estimated amount
$1,407,174, are hereby preliminarily approved
and ordered filed in the office of the City Clerk
for public inspection.
Section 2. A public hearing will be held on
the 21st day of October, 2019, at 6:00 p.m. in
the Historic Federal Building Council Cham-
bers (second floor) 350 W. 6th Street, Dubu-
que, Iowa, at which time interested persons
may appear and be heard for or against the
proposed plans and specifications, form of
contract and estimated cost of said Project,
and the City Clerk be and is hereby directed to
cause the attached notice of the time and
place of such hearing to be published in a
newspaper having general circulation in the
City of Dubuque, Iowa, which notice shall be
published not less than four days nor more
than twenty days prior to the date of such
hearing. At the hearing, any interested person
may appear and file objections to the proposed
plans, specifications, form of contract, or esti-
mated cost of the Project.
Section 3. Multicultural Family Center Ex-
pansion and Renovation Project is hereby or-
dered to be advertised for bids for construc-
tion.
Section 4. The amount of the security to
accompany each bid shall be in an amount
which shall conform to the provisions of the
Notice to Bidders hereby approved.
Section 5. The City Engineer is hereby di-
rected to advertise for bids for the construction
of the improvements herein provided, by pub-
lishing the attached Notice to Bidders to be
published in the Master Builders of Iowa Plan
Room, The Construction Update Network and
posted on the City of Dubuque website at
www.cityofdubuque.org/bids. 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 29th day of October
2019. Bids shall be opened and read by the
City Clerk at said time and will be submitted to
the City Council for final action at 6:00 p.m. on
the 4th day of November 2019, in the Historic
Federal Building Council Chambers (second
floor), 350 West 6th Street, Dubuque, Iowa.
Passed, adopted, and approved this 7th
day of October 2019.
Jake A. Rios, Mayor Pro Tem
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. Human Rights Commission: One, 3-
Year term through January 1, 2021 (Vacant
term of Templeton). Applicants: Dan Chatfield,
2780 Pennsylvania Ave.; Michael J. Durnin,
3560 Pennsylvania Ave.; and Kathy McCarthy,
3491 Waller St. Ms. McCarthy, and Mr. Durnin
spoke in support of their respective appoint-
ments and provided brief biographies.
2. Transit Advisory Board: One, 3-Year
term through July 30, 2022 (Vacant term of
Lohrmann). Applicant: Luanna Gerdemann,
4929 Little Valley Dr. Ms. Gerdemann spoke in
support of her appointment and provided a
brief biography.
PUBLIC HEARINGS
1. Grant of Easement for Private Parking
Lot Improvements Across West 9th Street
Right-of-Way: Proof of publication on notice of
public hearing to consider approval of a Grant
of Easement for private parking lot improve-
ments across City-owned property in the West
9th Street right-of-way and the City Manager
recommending approval. Motion by Shaw to
receive and file the documents and adopt
Resolution No. 364-19 Disposing of an interest
in City of Dubuque real estate by Grant of
Easement for private parking lot improvements
across part of the West 9th Street Right-of-
Way lying within City Lot 688 in the City of
Dubuque, Iowa to Woodward Communica-
tions, Inc. Seconded by Jones. Motion carried
6-0.
387 Regular Session October 7, 2019 Book 149
RESOLUTION NO. 364-19
DISPOSING OF AN INTEREST IN CITY OF
DUBUQUE REAL ESTATE BY GRANT OF
EASEMENT FOR PRIVATE PARKING LOT
IMPROVEMENTS ACROSS PART OF THE
WEST 9TH STREET RIGHT OF WAY LYING
WITHIN CITY LOT 688 IN THE CITY OF
DUBUQUE, IOWA, TO WOODWARD COM-
MUNICATIONS, INC.
Whereas, pursuant to resolution and pub-
lished notice of time and place of hearing, pub-
lished in the Telegraph Herald, a newspaper of
general circulation published in the City of
Dubuque, Iowa on this 20th day of September,
2019, the City Council of the City of Dubuque,
Iowa met on the 7th day of October, 2019, at
6:00 p.m. in the Historic Federal Building
Council Chambers (second floor), 350 West 6th
Street, Dubuque, Dubuque County, Iowa to
consider the proposal for the sale of real es-
tate described as:
A part of the West 9th Street Right of
Way lying within City Lot 688, all in the
City of Dubuque, Dubuque County, Io-
wa, as shown in Exhibit A of the at-
tached Grant of Easement for Private
Parking Lot Improvements; and
Whereas, the City Council of the City of
Dubuque, Iowa overruled any and all objec-
tions, oral or written to the proposal to sell
such real estate.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The sale of City of Dubuque real
property described as A part of the West 9th
Street Right of Way lying within City Lot 688,
all in the City of Dubuque, Dubuque County,
Iowa, to Woodward Communications, Inc. be
and the same is hereby approved for the sum
of $2,232.44, subject to the conditions of the
Grant of Easement for Private Parking Lot
Improvements. Conveyance of interest shall
be by Grant of Easement.
Section 3. The City reserves unto itself the
perpetual right for the purpose of erecting,
installing, constructing, reconstructing, main-
taining, owning, operating and repair of storm
and sanitary sewers, watermain, pavement,
street lights, gas, telephone, television, fiber
optics cable, and electrical lines above or be-
low the Private Improvements as such utilities
would not interfere with the existence of the
Private Improvements.
Section 4. Any and all applicable publica-
tion and recording fees are to be paid by
Woodward Communications, Inc.
Section 5. That the Mayor be authorized
and directed to execute the Grant of Easement
for Private Parking Lot Improvements, and the
City Clerk be and is hereby authorized and
directed to deliver said grant of easement to
Woodward Communications, Inc. upon receipt
of the $2,232.44 payment.
Section 6. The City Clerk be and is hereby
authorized and directed to record a certified
copy of this resolution in the offices of the City
Assessor, Dubuque County Recorder and
Dubuque County Auditor.
Passed, approved, and adopted this 7th
day of October 2019.
Jake A. Rios, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
2. Sale of City-Owned Property at 799
Rush Street: Proof of publication on notice of
public hearing to consider the sale of City-
owned property located at 799 to the abutting
property owners, Eric and Beth Hemmer, for
consolidation into one parcel; and the City
Manager recommending approval. Motion by
Jones to receive and file the documents and
adopt Resolution No. 365-19 Disposing of City
Interest in real estate located at 799 Rush
Street in the City of Dubuque, Iowa. Seconded
by Del Toro. Motion carried 6-0.
RESOLUTION NO. 365-19
DISPOSING OF CITY INTEREST IN REAL
ESTATE LOCATED AT 799 RUSH STREET,
IN THE CITY OF DUBUQUE, IOWA
Whereas, the City Council, by Resolution
No. 339-19, dated September 16, 2019, de-
clared its intent to dispose of City interest in
real property located at 799 Rush Street, legal-
ly described as:
Lot 1 of the Subdivision of Lot 2 of the
South 165 feet of Lot 190 in Union Ad-
dition to the City of Dubuque, Dubuque
County, Iowa, according to the record-
ed plat thereof; and
Whereas, pursuant to published notice, a
public hearing was held on the proposed dis-
position on October 7, 2019, at 6:00 p.m. in
the Historic Federal Building, 350 W. 6th
Street, Dubuque, Iowa; and
Whereas, Eric and Beth Hemmer have
signed an offer to purchase; and
Whereas, the City of Dubuque will consoli-
date the parcel at 795 Rush Street with the
parcel at 799 Rush Street; and
Whereas, the City Council finds that it is in
the best interest of the City to approve the
disposition of such interest in the Property to
Eric and Beth Hemmer.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The City of Dubuque hereby ap-
proves the disposition of the City’s interest in
the following legally described property:
Lot 1 of the Subdivision of Lot 2 of the
South 165 feet of Lot 190 in Union Ad-
dition to the City of Dubuque, Dubuque
388 Regular Session October 7, 2019 Book 149
County, Iowa, according to the record-
ed plat thereof.
Section 2. The Mayor is hereby authorized
and directed to provide a Special Warranty
Deed to the buyer, conveying the City’s inter-
est to Eric and Beth Hemmer for the herein-
described real estate.
Section 3. The City Clerk is hereby author-
ized and directed to cause said Special War-
ranty Deed to be recorded in the Office of the
Dubuque County Recorder.
Passed, approved, and adopted this 7th
day of October 2019.
Jake A. Rios, Mayor Pro Tem
Attest: Kevin Firnstahl, City Clerk
ACTION ITEMS
1. Flexsteel Industries Termination of Re-
development Project Agreement and Amend-
ment to City-County Purchase Agreement: City
Manager recommending approval of the Ter-
mination of Redevelopment Project Agreement
between and among Flexsteel Industries Inc.,
Dubuque County, Dubuque Initiatives and the
City of Dubuque and the Amendment to Offer
to Buy Real Estate and Acceptance between
Dubuque County and the City of Dubuque.
Motion by Jones to receive and file the docu-
ments and adopt Resolution No. 366-19 Ap-
proving the termination of Redevelopment
Project Agreement by and among the City of
Dubuque, Iowa, (“City”), Dubuque Initiatives,
(“Initiatives”), Flexsteel Industries, Inc.,
(“Flexsteel”), and County of Dubuque, Iowa,
(“County”) (Collectively the “Parties”); and
Resolution No. 367-19 Approving an Amend-
ment to Offer to Buy Real Estate and Ac-
ceptance between the City of Dubuque and
Dubuque County, Iowa. Seconded by Shaw.
Responding to questions from the City Coun-
cil, City Manager Van Milligen stated that any
project timeline would have to be determined
between Flexsteel Industries and their contrac-
tors. Motion carried 6-0.
RESOLUTION NO. 366-19
APPROVING THE TERMINATION OF RE-
DEVELOPMENT PROJECT AGREEMENT
BY AND AMONG THE CITY OF DUBUQUE,
IOWA, (“CITY”), DUBUQUE INITIATIVES,
(“INITIATIVES”), FLEXSTEEL INDUSTRIES,
INC., (“FLEXSTEEL”), AND COUNTY OF
DUBUQUE, IOWA, (“COUNTY”) (COLLEC-
TIVELY THE “PARTIES”)
Whereas, Flexsteel is the owner of the
property described as follows:
Tax Parcel Numbers: 1011426003
(30.00 acres); 1011426004 (8.36
acres); 1013101001 (0.26 acres); and
1011427004 (0.83 acres); and
1013101002 (2.84 acres) (formerly re-
ferred to as 1014230001 (3.73 acres),
and 1011426002 (1.44 acres), exclud-
ing a parcel of real estate at the South-
east corner of Flexsteel’s parking lot lo-
cated at the Northeast corner of 32nd
and Jackson Streets, Dubuque, Iowa
consisting of approximately 35,680
square feet and having a street ad-
dress of 3250 Jackson Street (Ameri-
can Trust branch), which is now known
as Parcel No. 1014230002), (collective-
ly the “Property”); and
Whereas, City, Initiatives and Flexsteel en-
tered into that certain Redevelopment Project
Agreement regarding the Property dated May
15, 2017 (the “Redevelopment Agreement”);
and
Whereas, County is an intended Third-
Party Beneficiary to the Redevelopment
Agreement; and
Whereas, the Parties desire to terminate all
obligations, liabilities, and benefits under the
Redevelopment Agreement in its entirety and
to release and discharge each other from fur-
ther performance of the provisions of the Re-
development Agreement.
NOW, THEREFORE BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The Termination of Redevelop-
ment Project Agreement is hereby approved.
Section 2. The Mayor is hereby authorized
and directed to sign the Termination of Rede-
velopment Project Agreement on behalf of the
City of Dubuque.
Passed, approved, and adopted this 7th
day of October 2019.
Jake A. Rios, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 367-19
APPROVING AN AMENDMENT TO OFFER
TO BUY REAL ESTATE AND ACCEPTANCE
BETWEEN THE CITY OF DUBUQUE AND
DUBUQUE COUNTY, IOWA
This Amendment to Offer to Buy Real Es-
tate and Acceptance between Dubuque Coun-
ty, Iowa and the City of Dubuque, Iowa, is dat-
ed for reference purposes the 7th day of Octo-
ber 2019.
Whereas Dubuque County, Iowa and the
City of Dubuque, Iowa entered into an Offer to
Buy Real Estate and Acceptance, accepted by
the City of Dubuque on June 5, 2017, for the
following-described real estate:
Lot 4 of Dubuque Industrial Center
South First Addition in the City of
Dubuque, Iowa; and A parcel of land of
3.88 acres more or less on Seippel
Road in the Dubuque Industrial Center
West Urban Renewal District of the City
of Dubuque, as shown on Exhibit A at-
tached hereto, subject to survey and
389 Regular Session October 7, 2019 Book 149
platting the cost of which will be paid by
Buyer (the Real Estate); and
Whereas, the intent of Dubuque County
and the City of Dubuque was that Lot 4 of
Dubuque Industrial Center South First Addition
in the City of Dubuque, Iowa would be sold by
Dubuque County to Flexsteel Industries, Inc.
and developed pursuant to the June 5, 2017
Development Agreement between the City of
Dubuque and Flexsteel Industries, Inc.; and
Whereas, the agreed-upon Purchase Price
for the Real Estate in Section 2.1 of the Offer
to Buy Real Estate and Acceptance was
$3,320,000 to be paid as follows:
(1) $1,320,000 at the time of closing
on the Closing (of which $660,000 was
to be retained by Seller), and the bal-
ance of $2,000,000 as follows:
(2) $300,000 on or before the 1st
day of July 2018, $300,000 on or be-
fore the 1st day of July of each year
thereafter for five (5) years, and the
balance of $200,0000 on or before July
1, 2024; and
Whereas, the Purchase Price in Section
2.1(2) of the Offer to Buy Real Estate and Ac-
ceptance was to be for Demolition Costs for
the redevelopment of property owned by
Flexsteel Industries, Inc. (the Flexsteel Rede-
velopment Property) pursuant to the Redevel-
opment Project Agreement by and among the
City of Dubuque, Iowa, Dubuque Initiatives,
and Flexsteel Industries, Inc., dated the 15th
day of May, 2017 (the Redevelopment Agree-
ment) to which Dubuque County, Iowa is a
third-party beneficiary; and
Whereas, the parties to the Redevelop-
ment Agreement have elected to terminate all
rights and obligations in the Redevelopment
Agreement including the redevelopment of the
Flexsteel Redevelopment Property pursuant to
the Termination of Redevelopment Project
Agreement by and among the City of Dubu-
que, Iowa, Dubuque Initiatives, Flexsteel In-
dustries, Inc., and County of Dubuque, Iowa,
dated for reference purposes the 7th day of
October 2019; and
Whereas, Dubuque County and the City of
Dubuque agree that Dubuque County should
no longer be obligated to make the payments
required by Section 2.1(2) of the original Offer
to Buy Real Estate and Acceptance.
NOW, THEREFORE BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The Amendment to Offer to Buy
Real Estate and Acceptance is hereby ap-
proved.
Section 2. The Mayor is hereby authorized
and directed to sign the Amendment to Offer to
Buy Real Estate and Acceptance on behalf of
the City of Dubuque.
Passed, approved, and adopted this 7th
day of October 2019.
Jake A. Rios, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
2. Southwest Arterial Construction Update
Video: Cable TV Division showed a video of
the recent progress of the Southwest Arterial
Project for September 2019. Motion by Shaw
to receive and file the information. Seconded
by Jones. Motion carried 6-0.
COUNCIL MEMBER REPORTS
Council Member Del Toro encouraged eli-
gible voters to participate in the primary elec-
tion on October 8, 2019, and to participate in
the upcoming candidate forums ahead of the
city election on November 5, 2019. He urged
staff to provide a recommendation regarding a
policy for canceling or postponing City Council
meetings adding that he would like the City
Council to then discuss the matter on an up-
coming agenda.
Mayor Pro-Tem Rios recited the Native
American Ten Commandments as provided by
the Indigenous People’s Day representatives
during the presentation of the proclamation.
There being no further business, upon mo-
tion by Jones, seconded by Shaw, the City
Council adjourned at 6:42 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
390 Regular Session October 21, 2019 Book 149
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular
session at 6:00 p.m. on October 21, 2019 in
the second-floor Council Chambers of the His-
toric Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Del
Toro, Jones, Resnick, Rios, Shaw; City Man-
ager 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
PROCLAMATION(S)
1. Lead Poisoning Prevention Week (Octo-
ber 20-26, 2019) was accepted by City of
Dubuque Resiliency Coordinator Sharon Gaul.
2. Lights on After School Day (October 24,
2019) was accepted by Beth McGorry, Out-
reach Coordinator, St. Mark Youth Enrichment,
1201 Locust Street.
3. Extra Mile Day (November 1, 2019) was
accepted by City of Dubuque AmeriCorps /
VISTA Program Director Heather Slatterly.
CONSENT ITEMS
Motion by Resnick to receive and file the
documents, adopt the resolutions, and dispose
of as indicated. Seconded by Del Toro. Coun-
cil Members Shaw, Resnick and Jones re-
quested No. 5 be held for separate discussion;
and Diane McClain, 255 Bradley Street, re-
quested Nos. 24 & 25 be held for separate
discussion. Motion carried 6-0.
1. Minutes and Reports Submitted: Arts
and Cultural Affairs Advisory Commission of
9/27; Arts and Cultural Affairs Master Plan
Task Force of 9/24; City Council Proceedings
of 10/7; Community Development Advisory
Commission of 9/18; Library Board of Trustees
of 8/22; Zoning Advisory Commission of 10/2;
Zoning Board of Adjustment of 9/26. Upon
motion the documents were received and filed.
2. Notice of Claims and Suits: Roxanne
Ties Brenner for property damage, Matthew
and Amanda Saylor for property damage,
Sheri Scheffert for property damage. Upon
motion the documents were received, filed,
and referred to the City Attorney.
3. Disposition of Claims: City Attorney ad-
vising that the following claims have been re-
ferred to Public Entity Risk Services of Iowa,
the agent for the Iowa Communities Assurance
Pool: Roxanne Ties Brenner for property dam-
age, Matthew and Amanda Saylor for property
damage, Sheri Scheffert for property 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. 368-19 Authorizing the Finance
Director-City Treasurer to make certain pay-
ments of bills that must be paid and approved
for payment in accordance with City proce-
dures was adopted.
RESOLUTION NO. 368-19
AUTHORIZING THE DIRECTOR OF FI-
NANCE 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 req-
uisitioned for a lawful municipal purpose; and
Whereas, the Finance Director-City Treas-
urer 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 pay-
ment for goods and services provided for City
purposes in response to the purchase orders
and contracts issued in compliance with state
391 Regular Session October 21, 2019 Book 149
and municipal code requirements as requested
by designated requisitioning authorities in ac-
cordance with approved budget appropria-
tions.
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 21st
day of October 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. 2020 State Legislative Priorities: City
Manager recommending approval of the City
of Dubuque 2020 State Legislative Priorities to
be presented to legislators at the annual Legis-
lative Dinner. Motion by Shaw to receive and
file the documents and strike the language
associated to addressing unemployment bene-
fits for seasonal employees. Seconded by
Resnick. Responding to questions from the
City Council, City Manager Van Milligen stated
that the intent is to eliminate unemployment
benefits only for temporary employees hired to
limited-term positions. Chandra Ravada,
Transportation Director for ECIA, spoke about
adding rail transportation to the priorities and
about the City of Waterloo’s interest in study-
ing a rail link from Dubuque to Waterloo. Mo-
tion failed 3-3.
Motion by Shaw to receive and file and ap-
prove the documents. Seconded by Resnick.
Motion carried 5-1 with Rios voting nay.
6. 2019 City Council Goals and Priorities:
City Manager providing a copy of the 2019 City
Council Goals and Priorities public information
brochure. Upon motion the document was
received and filed.
7. City Manager Letter to State Legislators
- State of Iowa Needs to be an Equitable State
of Choice: City Manager submitting a copy of
his letter to State legislators on how the State
of Iowa needs to be an equitable state of
choice. Upon motion the documents were re-
ceived and filed.
8. Sustainable Dubuque Grant Recom-
mendations: City Manager recommending
approval of the Resilient Community Advisory
Commission's recommendation for funding of
nine projects from the Sustainable Dubuque
Community Grant Program. Upon motion the
documents were received, filed and approved.
9. Metx, LLC Amendment to Development
Agreement: City Manager recommending ap-
proval of an Amendment to Development
Agreement with Metx, LLC that provides for
the purchase price due at closing will be paid
from the TIF funds received. Upon motion the
documents were received, filed and approved.
10. East Central Development Corporation
Assignment of Agreements to Community So-
lutions of Eastern Iowa: City Manager recom-
mending approval of the Assignment of Pur-
chases of Services and Agreement for ser-
vices between East Central Development Cor-
poration and Community Solutions of Eastern
Iowa and authorizes the Mayor to execute the
new Purchase of Services Agreement and the
Continuum of Care agreement with Communi-
ty Solutions of Eastern Iowa on behalf of the
City. Upon motion the documents were re-
ceived and filed, and Resolution No. 369-19
Approving the Assignment of a Purchase of
Services Agreement between the City of
Dubuque and East Central Development Cor-
poration from East Central Development Cor-
poration to Community Solutions Eastern Io-
wa; and Resolution No. 370-19 Approving an
Agreement for services between the City of
Dubuque and East Central Development Cor-
poration from East Central Development Cor-
poration to Community Solutions of Eastern
Iowa were adopted.
RESOLUTION NO. 369-19
APPROVING THE ASSIGNMENT OF A
PURCHASE OF SERVICES AGREEMENT
BETWEEN THE CITY OF DUBUQUE AND
EAST CENTRAL DEVELOPMENT CORPO-
RATION FROM EAST CENTRAL DEVEL-
OPMENT CORPORATION TO COMMUNITY
SOLUTIONS OF EASTERN IOWA
Whereas, East Central Development Cor-
poration (ECDC) is the recipient of city funds
under a Purchase of Services Agreement with
the City of Dubuque, Iowa dated August 5,
2019, (the "POS Agreement"); and
Whereas, the POS Agreement specifies
various rights and obligations of the ECDC and
the City of Dubuque related to the use of city
funds; and
Whereas, ECDC desires to assign all its in-
terest in and to the POS Agreement to Com-
munity Solutions of Eastern Iowa (CSEI) and
CSEI desires to accept such assignment and
agrees to be bound by the terms thereof; and
Whereas, the assignment by ECDC to
CSEI hereunder is permanent and complete
and ECDC retains no rights under the POS
Agreement whatsoever as of the date hereof;
and
Whereas, the City of Dubuque, Iowa has
authorized this Assignment in the POS
Agreement.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, THAT:
392 Regular Session October 21, 2019 Book 149
1. The City of Dubuque hereby consents to
the Assignment of the Purchase of Services
Agreement from ECDC to CSEI, a copy of
which is attached hereto.
2. The Mayor is authorized and directed to
execute the Assignment of Purchase of Ser-
vices Agreement on behalf of the City of
Dubuque.
Passed, approved, and adopted this 21st
day of October 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 370-19
APPROVING THE ASSIGNMENT OF AN
AGREEMENT FOR SERVICES BETWEEN
THE CITY OF DUBUQUE AND EAST CEN-
TRAL DEVELOPMENT CORPORATION
FROM EAST CENTRAL DEVELOPMENT
CORPORATION TO COMMUNITY SOLU-
TIONS OF EASTERN IOWA
Whereas, East Central Development Cor-
poration (ECDC) is the recipient of city funds
under an Agreement for Services with the City
of Dubuque, Iowa dated July 1st, 2019; and
Whereas, the Agreement for Services
specifies various rights and obligations of the
ECDC and the City of Dubuque related to the
use of city funds; and
Whereas, ECDC desires to assign all its in-
terest in and to the Agreement for Services to
Community Solutions of Eastern Iowa (CSEI)
and CSEI desires to accept such assignment
and agrees to be bound by the terms thereof;
and
Whereas, the assignment by ECDC to
CSEI hereunder is permanent and complete
and ECDC retains no rights under the Agree-
ment for Services whatsoever as of the date
hereof; and
Whereas, the City of Dubuque, Iowa has
authorized this Assignment in the Agreement
for Services.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, THAT:
1. The City of Dubuque hereby consents to
the Assignment of the Agreement for Services
from ECDC to CSEI, a copy of which is at-
tached hereto.
2. The Mayor is authorized and directed to
execute the Assignment of Agreement for Ser-
vices on behalf of the City of Dubuque.
Passed, approved, and adopted this 21st
day of October 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
11. Finance Department Staffing Change
Request: City Manager recommending ap-
proval to eliminate the Budget Manager posi-
tion, add an additional full-time Budg-
et/Financial Analyst position, and add a part -
time Accountant position. Upon motion the
documents were received, filed and approved.
12. Accepting the Chavenelle Road Storm
Sewer Project: City Manager recommending
acceptance of the public improvement con-
struction contract for the Storm Sewer Con-
struction Chavenelle Road – First Supply 2019
Project, as completed by Eastern Iowa Exca-
vating & Concrete, LLC. Upon motion the doc-
uments were received and filed, and Resolu-
tion No. 371-19 Accepting the Storm Sewer
Construction Chavenelle Road - First Supply
2019 Project and authorizing the final payment
to the contractor was adopted.
RESOLUTION NO. 371-19
ACCEPTING THE STORM SEWER CON-
STRUCTION CHAVENELLE ROAD – FIRST
SUPPLY 2019 PROJECT AND AUTHORIZ-
ING THE FINAL PAYMENT TO THE CON-
TRACTOR
Whereas, the public improvement contract
for the Storm Sewer Construction Chavenelle
Road – First Supply 2019 Project (the Project)
has been completed by the Contractor, East-
ern Iowa Excavating & Concrete, LLC of Cas-
cade, IA (Contractor), and the City Engineer
has examined the work and signed a certifi-
cate stating that the Project has been com-
pleted according to the terms of the Public
Improvement Contract and that the City Engi-
neer recommends that the Project be accept-
ed; and
Whereas, the final contract amount for the
Project is $28,341.19; and
Whereas, the Contractor has previously
been paid $26,938.38, leaving a balance of
$1,402.81; and
Whereas, the City Council finds that the
recommendation of the City Engineer should
be accepted.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The recommendation of the City
Engineer is approved, and the Project is here-
by accepted.
Section 2. The Finance Director is hereby
directed to pay to the Contractor from the
General Repairs CIP appropriations for the
contract amount of $28,341.19 less any re-
tained percentage provided for therein as pro-
vided in Iowa Code.
Section 3. The Finance Director is hereby
directed to pay to the Contractor the balance
of the retainage of $1,402.81 as provided in
Iowa Code chapter 573, and to pay such re-
tainage in accordance with the provisions of
Iowa Code chapter 573 or Iowa Code chapter
26.13.
393 Regular Session October 21, 2019 Book 149
Passed, approved, and adopted this 21st
day of October 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL
COMPLETION OF THE STORM SEWER
CONSTRUCTION CHAVENELLE ROAD –
FIRST SUPPLY 2019 PROJECT
The undersigned City Engineer of the City
of Dubuque, Iowa, hereby certifies that he has
inspected the Storm Sewer Construction Cha-
venelle Road – First Supply 2019 Project, and
that the Project has been completed in compli-
ance with the terms of the Public Improvement
Contract, and that the total cost of the com-
pleted work is $32,592.37.
Dated this 14th day of October 2019.
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 14 th
day of October 2019.
/s/Kevin Firnstahl, City Clerk
13. Accepting the Usha Park Parking Lot
Expansion Project: City Manager recommend-
ing acceptance of the construction contract for
the Usha Park Parking Lot Expansion Project,
as completed by Eastern Iowa Excavating &
Concrete, LLC. Upon motion the documents
were received and filed, and Resolution No.
372-19 Accepting the Usha Park Parking Lot
Expansion Project and authorizing the pay-
ment of the contract amount to the contractor
was adopted.
RESOLUTION NO. 372-19
ACCEPTING THE USHA PARK PARKING
LOT EXPANSION PROJECT AND AUTHOR-
IZING THE PAYMENT OF THE CONTRACT
AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract
for the Usha Parking Lot Expansion Project
(the Project) has been completed by the Con-
tractor, Eastern Iowa Excavating & Concrete,
LLC of Cascade, Iowa (Contractor), and the
City Engineer has examined the work and
signed a certificate stating that the Project has
been completed according to the terms of the
Public Improvement Contract and that the City
Engineer recommends that the Project be ac-
cepted; and
Whereas, the final contract amount for the
Project is $39,174.80; and
Whereas, the Contractor has previously
been paid $32,831.33, leaving a balance of
$6,343.47; and
Whereas, the City Council finds that the
recommendation of the City Engineer should
be accepted.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The recommendation of the City
Engineer is approved, and the Project is here-
by accepted.
Section 2. The Finance Director is hereby
directed to pay to the Contractor from the
Usha Parking Lot Expansion Project CIP ap-
propriations for the contract amount of
$39,174.80 less any retained percentage pro-
vided for therein as provided in Iowa Code.
Section 3. The Finance Director is hereby
directed to pay to the Contractor the balance
of the retainage of $6,343.47 as provided in
Iowa Code chapter 573, and to pay such re-
tainage in accordance with the provisions of
Iowa Code chapter 573 or Iowa Code chapter
26.13.
Passed, approved, and adopted this 21st
day of October 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL
COMPLETION OF THE USHA PARK PARK-
ING LOT EXPANSION PROJECT
The undersigned City Engineer of the City
of Dubuque, Iowa, hereby certifies that he has
inspected the Usha Park Parking Lot Expan-
sion Project, that the Project has been per-
formed in compliance with the terms of the
Public Improvement Contract, and that the
total cost of the completed work is $43,092.28.
Dated this 14th of October 2019.
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the
14th day of October 2019.
/s/Kevin S. Firnstahl, City Clerk
14. Accepting the Dubuque Montessori
Parking Lot Asphalt Paving Project: City Man-
ager recommending acceptance of the con-
struction contract for the Dubuque Montessori
Parking Lot Asphalt Paving Project, as com-
pleted by River City Paving. Upon motion the
documents were received and filed, and Reso-
lution No. 373-19 Accepting the Dubuque
Montessori Parking Lot Asphalt Paving Project
and Authorizing the payment to the contractor
was adopted.
RESOLUTION NO. 373-19
ACCEPTING THE DUBUQUE MONTESSORI
PARKING LOT ASPHALT PAVING PRO-
JECT AND AUTHORIZING THE PAYMENT
TO THE CONTRACTOR
Whereas, the public improvement contract
for the Dubuque Montessori Parking Lot As-
phalt Paving Project (the Project) has been
completed by the Contractor, River City Pav-
ing, a division of Mathy Inc. (Contractor), the
City Engineer has examined the work and rec-
ommends that the Project be accepted; and
Whereas, the final contract amount for the
Project is $33,757.78; and
394 Regular Session October 21, 2019 Book 149
Whereas, the Contractor has previously
been paid $32,069.89, leaving a balance of
$1,687.89; and
Whereas, the City Council finds that the
recommendation of the City Engineer should
be accepted.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The recommendation of the City
Engineer is approved, and the Project is here-
by accepted.
Section 2. The Finance Director is hereby
directed to pay to the Contractor the balance
of the retainage of $1,687.89 as provided in
Iowa Code chapter 573, and to pay such re-
tainage in accordance with the provisions of
Iowa Code chapter 573 or Iowa Code chapter
26.13.
Passed, approved, and adopted this 21st
day of October 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL
COMPLETION OF THE DUBUQUE MON-
TESSORI PARKING LOT ASPHALT PAVING
PROJECT
The undersigned City Engineer of the City
of Dubuque, Iowa, hereby certifies that he has
inspected the Dubuque Montessori Parking Lot
Asphalt Paving Project, and that said Project
has been performed in compliance with the
terms of the Public Improvement Contract, and
that the total cost of the completed work is
$38,736.71.
Dated this 14th day of October 2019.
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 14 th
day of October 2019.
/s/Kevin S. Firnstahl, City Clerk
15. Approving Plat of Survey for Ahmed
Place (1597-1599 Washington Street): Zoning
Advisory Commission recommending approval
of the Plat of Survey for Lot 1 & Lot 2 of Ah-
med Place (1597-1599 Washington Street)
subject to waiving the lot area for Lot 1 & Lot 2
of Ahmed Place. Upon motion the documents
were received and filed, and Resolution No.
374-19 Approving the Plat of Survey of Lot 1 &
Lot 2 of Ahmed Place in the City of Dubuque,
Iowa was adopted.
RESOLUTION NO. 374-19
APPROVING THE PLAT OF SURVEY OF
LOT 1 & LOT 2 OF AHMED PLACE IN THE
CITY OF DUBUQUE, IOWA
Whereas, there has been filed with the City
Clerk a Plat of Survey of Lot 1 & Lot 2 of Ah-
med Place in the City of Dubuque, Iowa; and
Whereas, said Plat of Survey provides
2,470 square feet of lot area for Lot 1 and
1,520 square feet of lot area for Lot 2 where
2,500 square feet of lot area is required by
Section 11-14 of Title 16 of the City of Dubu-
que Code of Ordinances, Unified Development
Code; and
Whereas, said Plat of Survey has been ex-
amined by the Zoning Advisory Commission
and its approval has been endorsed thereon;
and
Whereas, said Plat of Survey has been ex-
amined by the City Council and they find that it
conforms to the statutes and ordinances relat-
ing thereto.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. Section 11-14 of Title 16 of the
City of Dubuque Code of Ordinances, Unified
Development Code, is waived to allow 2,470
square feet of lot area for Lot 1 and 1,520
square feet of lot area for Lot 2.
Section 2. The Plat of Survey of Lot 1 & Lot
2 of Ahmed Place is hereby approved, and the
Mayor and City Clerk are hereby authorized
and directed to endorse the approval of the
City of Dubuque, Iowa upon said Plat of Sur-
vey.
Passed, approved, and adopted this 21st
day of October 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
16. Platting of City Property on Chavenelle
Road - McFadden Farm Place: City Manager
recommending approval of the Plat of Survey
for Lot 1-2 and 2-2 of McFadden Farm Place
on Chavenelle Road as part of a development
agreement between the City, Unison Solu-
tions, BAS Development and Walter Develop-
ment. Upon motion the documents were re-
ceived and filed, and Resolution No. 375-19
Approving Plat of Survey of Lot 1-2 and Lot 2-
2 of McFadden Farm Place in the City of
Dubuque, Dubuque County, Iowa was adopt-
ed.
RESOLUTION NO. 375-19
APPROVING PLAT OF SURVEY OF LOT 1-2
AND LOT 2-2 OF MCFADDEN FARM PLACE
IN THE CITY OF DUBUQUE, DUBUQUE
COUNTY, IOWA
Whereas, there has been presented to the
City Council of the City of Dubuque, Iowa, a
plat dated the 11th day of October 2019, pre-
pared by IIW, P.C., dividing Lot 2 of McFadden
Farm Place, to be hereinafter known as Lot 1-
2 and Lot 2-2 of McFadden Farm Place in the
City of Dubuque, Dubuque County, Iowa; and
Whereas, said plat conforms to the laws
and statutes pertaining thereto.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
395 Regular Session October 21, 2019 Book 149
Section 1. The plat dated the 11th day of
October 2019, prepared by IIW, P.C. relative
to the real estate hereinabove described be
and the same is hereby approved, and the
Mayor and City Clerk be and they are hereby
authorized and directed to execute said plat for
and on behalf of the City of Dubuque, Iowa.
Section 2. The City Clerk be and is hereby
authorized and directed to file said plat and
certified copy of this resolution in the office of
the Recorder in and for Dubuque County, Io-
wa.
Passed, approved, and adopted this 21st
day of October 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
17. Platting of City Property on Chavenelle
Rd - McFadden Farm Place No. 4: City Man-
age recommending approval of the Plat of
Survey for Lot 1 and 2 of McFadden Farm
Place No. 4 and the Plat of Survey for Lot 1-2
and 2-2 of McFadden Farm Place No. 4 in the
City of Dubuque as part of a development
agreement between the City and Walter De-
velopment LLC. Upon motion the documents
were received and filed, and Resolution No.
376A-19 Approving Plat of Survey of Lot 1 and
2 of McFadden Farm Place No. 4 in the City of
Dubuque, Dubuque County, Iowa; and Resolu-
tion No. 376B-19 Approving Plat of Survey of
Loat 1-2 and Lot 2-2 of McFadden Farm Place
No. 4 in the City of Dubuque, Dubuque Coun-
ty, Iowa were adopted.
RESOLUTION NO. 376A-19
APPROVING PLAT OF SURVEY OF LOT 1-2
AND LOT 2-2 OF MCFADDEN FARM PLACE
NO. 4 IN THE CITY OF DUBUQUE, DUBU-
QUE COUNTY, IOWA
Whereas, there has been presented to the
City Council of the City of Dubuque, Iowa, a
plat dated the 11th day of October, 2019, pre-
pared by IIW, P.C., dividing Lot 2 of McFadden
Farm Place No. 4, to be hereinafter known as
Lot 1-2 and Lot 2-2 of McFadden Farm Place
No. 4 in the City of Dubuque, Dubuque Coun-
ty, Iowa; and
Whereas, said plat conforms to the laws
and statutes pertaining thereto.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The plat dated the 11th day of
October 2019, prepared by IIW, P.C. relative
to the real estate hereinabove described be
and the same is hereby approved, and the
Mayor and City Clerk be and they are hereby
authorized and directed to execute said plat for
and on behalf of the City of Dubuque, Iowa.
Section 2. The City Clerk be and is hereby
authorized and directed to file said plat and
certified copy of this resolution in the office of
the Recorder in and for Dubuque County, Io-
wa.
Passed, approved, and adopted this 21st
day of October 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 376B-19
APPROVING PLAT OF SURVEY OF LOT 1-2
AND LOT 2-2 OF MCFADDEN FARM PLACE
NO. 4 IN THE CITY OF DUBUQUE, DUBU-
QUE COUNTY, IOWA
Whereas, there has been presented to the
City Council of the City of Dubuque, Iowa, a
plat dated the 11th day of October 2019, pre-
pared by IIW, P.C., dividing Lot 2 of McFadden
Farm Place No. 4, to be hereinafter known as
Lot 1-2 and Lot 2-2 of McFadden Farm Place
No. 4 in the City of Dubuque, Dubuque Coun-
ty, Iowa; and
Whereas, said plat conforms to the laws
and statutes pertaining thereto.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The plat dated the 11th day of
October 2019, prepared by IIW, P.C. relative
to the real estate hereinabove described be
and the same is hereby approved, and the
Mayor and City Clerk be and they are hereby
authorized and directed to execute said plat for
and on behalf of the City of Dubuque, Iowa.
Section 2. The City Clerk be and is hereby
authorized and directed to file said plat and
certified copy of this resolution in the office of
the Recorder in and for Dubuque County, Io-
wa.
Passed, approved, and adopted this 21st
day of October 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
18. Iowa Department of Transportation Ti-
tle VI Documents: City Manager recommend-
ing approval for the Mayor to execute the Title
VI/Non-Discrimination Assurances document
required by the Iowa Department of Transpor-
tation. Upon motion the documents were re-
ceived, filed and approved.
19. Bee Branch Watershed Flood Mitiga-
tion Project, Iowa Mitigation Board, 3rd
Amendment to Funding Agreement: City Man-
ager recommending approval an amendment
to the funding agreement with the State Flood
Mitigation Board in order to utilize state sale
tax increment funding for the Bee Branch Wa-
tershed Flood Mitigation Project. Upon motion
the documents were received and filed, and
Resolution No. 377-19 Authorizing an
Amendment to the Funding Agreement be-
tween the City of Dubuque and the State of
Iowa Flood Mitigation Board for the City's use
396 Regular Session October 21, 2019 Book 149
of Sales Tax Increment funding for the Bee
Branch Watershed Flood Mitigation Project
was adopted.
RESOLUTION NO. 377-19
AUTHORIZING AN AMENDMENT TO THE
FUNDING AGREEMENT BETWEEN THE
CITY OF DUBUQUE AND THE STATE OF
IOWA FLOOD MITIGATION BOARD FOR
THE CITY'S USE OF SALES TAX INCRE-
MENT FUNDING FOR THE BEE BRANCH
WATERSHED FLOOD MITIGATION PRO-
JECT
Whereas, Six Presidential Disaster Decla-
rations have been issued for flooding, severe
storms and tornados between 1999 and 2011
due to flash flooding: and
Whereas, the Bee Branch Watershed,
which includes the City of Dubuque’s most
developed areas where over 50% of city resi-
dents either live or work, has experienced
flooding impacting thousands of properties and
over seventy businesses: and
Whereas, the City Council of the City of
Dubuque has adopted a drainage basin mas-
ter plan authored by HDR Engineering that
outlines improvements to mitigate flooding
collectively referred to as the Bee Branch Wa-
tershed Flood Mitigation Project (the Project);
and
Whereas, the Flood Mitigation Program
was established by the Iowa Legislature and
the Governor of Iowa to support community
projects for the construction and reconstruction
of levees, embankments, impounding reser-
voirs, or conduits that are necessary for the
protection of property from the effects of
floodwaters and may include the deepening,
widening, alteration, change, diversion, or oth-
er improvement of watercourses if necessary
for the protection of such property from the
effects of floodwaters; and
Whereas, the City of Dubuque submitted
an application to the Iowa Flood Mitigation
Board (the Board) requesting the use of
$98,494,178.00 in sales tax increment funds
for the Project; and
Whereas, the Board, on December 4,
2013, voted to approve the City’s application
for construction of the Project, subject to the
requirements set forth in Iowa Code chapter
418 and the administrative rules promulgated
under it and subject to the terms and condi-
tions set forth in an agreement; and
Whereas, the City Council, on February 3,
2014, adopted Resolution 31-14 authorizing
the execution of an agreement (Funding
Agreement) with the Iowa Flood Mitigation
Board binding the City to the terms of the
agreement as required for the City's receipt of
up to $98,494,178.00 in state sales tax incre-
ment funds for the Bee Branch Watershed
Flood; and
Whereas, the Funding Agreement estab-
lished the sales tax increment that the City can
receive by fiscal year; and
Whereas, the sales tax increment growth
was estimated to be 1.97% based on the av-
erage growth over the ten years prior to the
Funding Agreement; and
Whereas, the City actual sales tax incre-
ment growth was only 0.72%, 0.72%, and -
0.64% in Fiscal Years in fiscal years 16, 17, &
18 respectively resulting in the City receiving
$1,922,548.00 less sale tax increment than
scheduled in fiscal years 17 and 18, and
Whereas, the City of Dubuque submitted a
request to amend the Funding Agreement to
the Board that would modify the schedule of
payments such that it would provide an addi-
tional $1,922,548.00 in sales tax increment in
Fiscal Year 2034 to offset the sales tax incre-
ment shortfall that occurred in Fiscal Years
2017 and 2018; and
Whereas, the Board, on September 16,
2019, voted to approve Amendment Number
Three (Amendment) modifying the Funding
Agreement and the schedule of payments; and
Whereas, it is in the best interest of the
City to seek the use of the additional sales tax
increment in FY 2034 through an amendment
to the Funding Agreement.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The Amendment be approved.
Section 2. The Mayor is hereby authorized
to execute and deliver the Amended and exe-
cute such other documents as the Iowa Flood
Mitigation Board may reasonably require that
are necessary to bind the City to the terms of
the Amended Agreement as required for the
City's receipt of $ 98,494,178 in sales tax in-
crement funds for the Bee Branch Watershed
Flood Mitigation Project through the State
Flood Mitigation Program.
Passed, approved, and adopted this 21st
day of October 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
20. Contracted Service Agreement with the
Four Mounds HEART Program for Fiscal Year
2020: City Manager recommending approval
of the Community Development Block Grant
(CDBG) Grant Agreement with Four Mounds
HEART Program for Fiscal Year 2020. Upon
motion the documents were received, filed and
approved.
21. Contracted Service Agreement with the
Washington Tool Library for Fiscal Year 2020:
City Manager recommending approval of the
Community Development Block Grant (CDBG)
397 Regular Session October 21, 2019 Book 149
Agreement with the Washington Tool Library
for Fiscal Year 2020. Upon motion the docu-
ments were received, filed and approved.
22. Contracted Service Agreement with
Hills & Dales Senior Lifetime Center for Fiscal
Year 2020: City Manager recommending ap-
proval of the Community Development Block
Grant (CDBG) Agreement with Hills and Dales
for the Senior Center Lifetime Program for
Fiscal Year 2020. Upon motion the documents
were received, filed and approved.
23. Abstract of Votes: City Clerk transmit-
ting the Abstract of Votes for the October 8,
2019 Primary Election as certified by the
Dubuque County Auditor. Upon motion the
document was received and filed.
24. Bee Branch Healthy Homes Adminis-
trative Plan Amendment to Require Ac-
ceptance of Housing Choice Vouchers: City
Manager recommending approval of an
Amendment to the Bee Branch Healthy Homes
Administrative Plan to require rental property
owners that participate in the program to ac-
cept 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 Resnick to table both No. 24 and No. 25.
Seconded by Del Toro. Diane McClain of the
Dubuque Area Landlords Association request-
ed that both items be tabled to allow further
discussion with DALA and city staff. City Man-
ager Van Milligen concurred adding that the
recommendation has to be submitted and ap-
proved by HUD before starting. Motion carried
5-1 with Rios voting nay.
25. Lead Grant Administrative Plan
Amendment to Require Acceptance of Hous-
ing Choice Vouchers: City Manager recom-
mending approval to amend the Lead &
Healthy Homes Work Plan to require rental
property owners that participate in the program
to accept Housing Choice Vouchers from qual-
ified 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. Depart-
ment of Housing and Urban Development
(HUD) for adoption and approval of the chang-
es. (This item was combined with No. 24. Mo-
tion by Resnick. Seconded by Del Toro. Mo-
tion carried 5-1 with Rios voting nay.
26. Code of Ordinances – Adoption of
Supplement No. 33: City Clerk recommending
adoption of Supplement No. 33 to the City of
Dubuque Code of Ordinances. Upon motion
the documents were received and filed, and
Resolution No. 378-19 Adopting Supplement
No. 33 to the Code of Ordinances of the City of
Dubuque, Iowa was adopted.
RESOLUTION NO. 378-19
ADOPTING SUPPLEMENT NO. 33 TO THE
CODE OF ORDINANCES OF THE CITY OF
DUBUQUE, IOWA
Whereas, under date of August 17, 2009,
the City Council, pursuant to Ordinance No.
43-09, readopted the Code of Ordinances of
the City of Dubuque, Iowa in its entirety; and
Whereas, since August 17, 2009 the City
Council of the City of Dubuque, Iowa has
adopted certain ordinances amending the
Code of Ordinances and said amendments
have been printed as supplements to the Code
of Ordinances; and
Whereas, Section 380.8 of the Code of Io-
wa provides that supplements, by resolution,
become part of the Code of Ordinances; and
Whereas, Code Supplements are prepared
by the Sterling Codifiers, Inc., and filed in the
Office of the City Clerk of the City of Dubuque,
Iowa.
NOW THEREFORE BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Supplement No. 33 to the City of Dubuque
Code of Ordinances, which codifies Ordinance
Nos. 27-19, 32-19, 33-19, 34-19 and 37-19
through 47-19 as approved by City Council
through September 4, 2019 is hereby adopted
and becomes part of the Code of Ordinances
of the City of Dubuque, Iowa.
Passed, approved, and adopted this 21st
day of October 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
27. 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. 379-19 Approv-
ing 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. 379-19
APPROVING APPLICATIONS FOR BEER,
LIQUOR, AND/OR WINE PERMITS, AS RE-
QUIRED BY CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 4 BUSINESS AND LI-
CENSE REGULATIONS, CHAPTER 2 LIQ-
UOR CONTROL, ARTICLE B LIQUOR,
BEER AND WINE LICENSES AND PERMITS
398 Regular Session October 21, 2019 Book 149
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 re-
quirements 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 di-
rected to cause to be issued the noted permit
types to the following applicants pending sub-
mission of the locally required documentation:
Renewals
Carlos O'Kelly's Mexican Cafe, 1355 Associ-
ates Dr., Class C Liquor (Sunday)
Europa Haus Restaurant & Bierstube, 1301
Rhomberg Ave., Class C Liquor (Catering)
Fast Freddy's, 3130 Jackson St., Class C Liq-
uor (Sunday)
Huhot Mongolian Grill, 555 John F. Kennedy
Rd. #685, Special Class C Liquor (Sunday)
Jumper’s Sports Bar & Grill, 2600 Dodge St.,
Class C Liquor (Outdoor) (Sunday)
L. May Eatery, 1072 Main St., Class C Beer,
Class B Native Wine (Outdoor) (Sunday)
Loras College - Athletic and Wellness Center,
1600 Loras College Parkway, Class C Liquor
(Catering) (Outdoor) (Sunday)
Rainbow Lounge, 36 W 4th St., Class C Liquor
(Sunday)
New
Knicker’s Saloon, 2186 Central Ave., Class C
Liquor (Sunday)
Passed, approved, and adopted this 21st
day of October 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 pub-
lic hearings as indicated, and direct the City
Clerk to publish notice as prescribed by law.
Seconded by Del Toro. Motion carried 6-0.
1. Fiscal Year 2020 Budget Amendment
No. 2: City Manager recommending that the
second Fiscal Year 2020 Budget Amendment
be set for public hearing for November 4,
2019. Upon motion the documents were re-
ceived and filed and Resolution No. 380-19
Setting the date for the public hearing on
Amendment No. 2 to the Fiscal Year 2020
Budget for the City of Dubuque was adopted
setting a public hearing for a meeting to com-
mence at 6:00 p.m. on November 4, 2019 in
the Historic Federal Building.
RESOLUTION NO. 380-19
SETTING THE DATE FOR THE PUBLIC
HEARING ON AMENDMENT NO. 2 TO THE
FISCAL YEAR 2020 BUDGET FOR THE
CITY OF DUBUQUE
Whereas, Iowa Code Section 384.16 pro-
vides that the City Council shall set a time and
place for a public hearing on amendments to
the budget and publish notice before the hear-
ing as provided in Iowa Code Section 362.3.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The City Council shall conduct a
public hearing on proposed Amendment No. 2
to the Fiscal Year 2020 budget for the City of
Dubuque at the City Council Chambers at the
Historic Federal Building, 350 West 6th Street,
Dubuque, Iowa, on Monday, November 4,
2019, beginning at 6:00 p.m.
Section 2. The City Clerk be and is hereby
authorized and directed to publish notice of the
public hearing, according to law, together with
the required budget information.
Passed, approved, and adopted this 21st
day of October 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
BOARDS/COMMISSIONS
Appointments were made to the following
boards/commissions.
1. Human Rights Commission: One, 3-
Year term through January 1, 2021 (Vacant
term of Templeton). Applicants: Dan Chatfield,
2780 Pennsylvania Ave.; Michael J. Durnin,
3560 Pennsylvania Ave.; Kathy McCarthy,
3491 Waller St. Upon roll-call vote, Kathy
McCarthy was appointed to the 3-year term
through January 1, 2021. (McCarthy = Rios,
Jones, Resnick, Buol, Del Toro; Durnin =
Shaw; Chatfield = -0-). Later in the meeting,
City Clerk Firnstahl clarified that the correct
gender makeup is 5 males, 3 females, with
one vacancy.
2. Transit Advisory Board: One, 3-Year
term through July 30, 2022 (Vacant term of
Lohrmann). Applicant: Luanna Gerdemann,
4929 Little Valley Dr. Upon unanimous roll-call
vote, Ms. Gerdemann was appointed to the 3-
year term through July 30, 2022.
PUBLIC HEARINGS
1. Request to Rezone 757 W. 8th Street:
Proof of publication on notice of public hearing
to consider a request from Steve Knepper to
rezone property located at 757 W. 8th Street
from R-2A Alternate Two-Family Residential
Zoning District to R-3 Moderate Density Multi-
399 Regular Session October 21, 2019 Book 149
Family Residential Zoning District, and the
Zoning Advisory Commission recommending
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 Shaw. Property
owner and developer Steve Knepper spoke in
support of the rezoning and provided a brief
description of the project. Assistant Planner
Wally Wernimont provided a staff report. Mo-
tion carried 6-0.
Motion by Jones for final consideration and
passage of Ordinance No. 48-19 Amending
Title 16 of the City of Dubuque Code of Ordi-
nances, Unified Development Code, by reclas-
sifying hereinafter described property located
at 757 W. 8th Street from R-2A Alternate Two-
Family Residential District To R-3 Moderate
Density Multi-Family Residential District. Se-
conded by Shaw. Motion carried 6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 48-19
AMENDING TITLE 16 OF THE CITY OF
DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY RECLAS-
SIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED AT 757 W. 8th
STREETS FROM R-2A ALTERNATE TWO-
FAMILY RESIDENTIAL DISTRICT TO R-3
MODERATE DENSITY MULTI-FAMILY RES-
IDENTIAL 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 Devel-
opment Code, is hereby amended by reclassi-
fying the hereinafter–described property from
R-2A Alternate Two-Family Residential District
to R-3 Moderate Density Multi-Family Residen-
tial District, to wit:
W 47' - S 175'6" - Lot 29 Kelly’s Sub,
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 21st
day of October 2019.
/s/ Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 25th day of October 2019.
/s/Kevin S. Firnstahl, City Clerk
2. Multicultural Family Center Expansion
and Renovation Project: Proof of publication
on notice of public hearing to consider approv-
al of plans, specifications, form of contract and
estimated cost for the Multicultural Family
Center Expansion and Renovation Project,
and the City Manager recommending approv-
al. Motion by Jones to receive and file the
documents and adopt Resolution No. 381-19
Approval of plans, specifications, form of con-
tract, and estimated cost for the Multicultural
Family Center Expansion and Renovation Pro-
ject. Seconded by Resnick. Responding to
questions from the City Council, City Manager
Van Milligen and Recreation Division Manager
Dan Kroger stated that there are plans to use
the MFC as a satellite office for Leisure Ser-
vices but that since the Center is operated by
its own Board, the City will partner with the
Center and the Dubuque Community School
District for space and event planning. Motion
carried 6-0.
RESOLUTION NO. 381-19
APPROVAL OF PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATED
COST FOR THE MULTICULTURAL FAMILY
CENTER EXPANSION and RENOVATION
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 cost for the
Multicultural Family Center Expansion and
Renovation Project, in the estimated amount
$1,135,000.00, are hereby approved.
Passed, adopted, and approved this the
21st day of October 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
ACTION ITEMS
1. Sewer Revenue Capital Loan Note, Se-
ries 2019 State of Iowa Revolving Loan Fund –
Sponsored Project Amendment: City Manager
recommending approval of the suggested pro-
ceedings to amend the Kerper Boulevard Sani-
tary Sewer Revenue Capital Loan Note, Series
2019 State Revolving Fund Loan that provides
for funding of the Eagle Point Park Environ-
mental Restoration sponsorship project. Mo-
tion by Shaw to receive and file the documents
and adopt Resolution No. 382-19 Amending
the original Resolution, approved on February
18, 2019, said Resolution Approving and Au-
thorizing a Loan and Disbursement Agreement
with the Iowa Finance Authority and authoriz-
ing and providing for the issuance of Sewer
Revenue Capital Loan Note, Series 2019, in
order to provide for the funding of a Sponsored
Project under the terms of a new Series 2019
400 Regular Session October 21, 2019 Book 149
Note to be issued in the principal amount of
$2,652,630.89, which includes approval of a
Supplemental Tax Exemption Certificate. Se-
conded by Jones. Motion carried 6-0.
RESOLUTION NO. 382-19
AMENDING THE ORIGINAL RESOLUTION,
APPROVED ON FEBRUARY 18, 2019, SAID
RESOLUTION APPROVING AND AUTHOR-
IZING A LOAN AND DISBURSEMENT
AGREEMENT WITH THE IOWA FINANCE
AUTHORITY AND AUTHORIZING AND
PROVIDING FOR THE ISSUANCE OF SEW-
ER REVENUE CAPITAL LOAN NOTE, SE-
RIES 2019, IN ORDER TO PROVIDE FOR
THE FUNDING OF A SPONSORED PRO-
JECT UNDER THE TERMS OF A NEW SE-
RIES 2019 NOTE TO BE ISSUED IN THE
PRINCIPAL AMOUNT OF $2,652,630.89,
WHICH INCLUDES APPROVAL OF A SUP-
PLEMENTAL TAX EXEMPTION CERTIFI-
CATE
Whereas, the Issuer previously issued its
Sewer Revenue Capital Loan Note, Series
2019, dated March 8, 2019, in the amount of
$2,763,000 ("Original Note"), pursuant to a
Loan and Disbursement Agreement between
Issuer and the Iowa Finance Authority, dated
of like date (the "Agreement"), for the purpose
of defraying the costs of the Project (as de-
fined in the resolution authorizing issuance of
the same (hereinafter the "Resolution")); and
Whereas, upon completion of the Project
contemplated by the Original Note, the final
loan is anticipated to be $2,423,630.89 (with
$2,316,911.78 already drawn, and an estimat-
ed $106,719.11 anticipated to be drawn); and
Whereas, the Issuer has been approved by
the Iowa Finance Authority and the Depart-
ment of Natural Resources for a "sponsored
project" amendment to the Original Note for a
water restoration project described below
("Sponsored Project") to be funded under the
terms of a new Series 2019 Note in the princi-
pal amount of $2,652,630.89 and bearing in-
terest at the rate of 0.75% ("New Note"); and
Whereas, the Iowa Finance Authority has
requested that the Original Note be exchanged
for the New Note, reflecting the additional
amount allocated for the Project; and
Whereas, pursuant to notice published as
required by law, this Council has previously
held a public meeting and hearing upon the
proposal to institute proceedings for the au-
thorization of a Loan and Disbursement
Agreement by and between the Issuer and the
Iowa Finance Authority, and the issuance to
the Iowa Finance Authority of not to exceed
$4,900,000 Sewer Revenue Capital Loan
Notes to evidence the obligations of the Issuer
under said Loan and Disbursement Agree-
ment, for the purpose of providing funds to pay
costs of acquisition, construction, reconstruc-
tion, extending, remodeling, improving, repair-
ing and equipping all or part of the Municipal
Sewer System, including those costs associat-
ed with the Kerper Boulevard sanitary sewer
reconstruction project and the Eagle Point
Park Environmental Restoration Project, and
considered the extent of objections received
from residents or property owners as to said
proposal; and
Whereas, a Sponsored Project Loan and
Disbursement Agreement Amendment (here-
inafter the "Amendment") has been prepared
to reflect said interest rate reduction and addi-
tional loan amount, a copy of which is attached
hereto as Exhibit A; and
Whereas, pursuant to IRS regulations
adoption of the Amendment constitutes a reis-
suance of the Note.
NOW, THEREFORE, BE IT RESOLVED
BY CITY COUNCIL OF THE CITY OF DUBU-
QUE, STATE OF IOWA THAT:
Section 1. The Resolution is hereby
amended to reflect the interest rate reduction
to 0.75% per annum on the new principal
amount of $2,652,630.89 from and after June
1, 2019 for the remainder of the life of the New
Note. Debt service on the New Note is the
same as debt service on the Original Note,
accordingly, parity coverage is not affected.
Section 2. The Amendment in substantially
the form attached to this Resolution and the
New Note are hereby authorized to be execut-
ed and issued on behalf of the Issuer by the
Mayor and attested by the City Clerk. The New
Note shall be exchanged for the Original Note.
Section 3. The Supplemental Tax Certifi-
cate regarding the uses of proceeds and the
System is hereby approved. The Director of
Finance & Budget is authorized to execute the
same.
Section 4. Except as amended herein, all
of the other terms and conditions of the Reso-
lution and Agreement are in all respects rati-
fied, confirmed and approved and shall remain
in full effect.
Passed, adopted, and approved this the
21st day of October 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Request for Work Session on Project
H.O.P.E: City Manager recommending that the
City Council schedule a work session on the
Project Hope Quarterly Update for December
2, 2019, at 5:30 p.m. in the City Council
Chambers. Motion by Shaw to set the work
session as recommended since there were no
schedule conflicts expressed. Seconded by
Jones. Motion carried 6-0.
401 Regular Session November 4, 2019 Book 149
COUNCIL MEMBER REPORTS
Council Member Jones reported on the
Candidates Forum sponsored by the League
of Women Voters scheduled for Wednesday,
October 23, in the Council Chambers.
There being no further business, Resnick
motioned to adjourn at 6:53 p.m. Seconded by
Jones. Motion carried 6-0.
/s/Kevin S. Firnstahl, CMC, City Clerk
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 Man-
ager 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 intro-
duced the ICMA International Fellow/Young
Southeast Asia Leadership Institute Program
Kamal Muhammad Raini from Penang, Malay-
sia.
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 Cen-
tennial (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 (No-
vember 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 (No-
vember 2019) was accepted by Rachel Wil-
liams, Youth Impact Coordinator for the Com-
munity 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
402 Regular Session November 4, 2019 Book 149
stating that the vendor is working through the
Police Department on an alternative agree-
ment.
Motion by Resnick to receive and file the
documents, adopt the resolutions, and dispose
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 Develop-
ment Advisory Commission of 10/21; Invest-
ment Oversight Advisory Commission of
10/23; Proof of Publication for City Council
Proceedings of 9/26, 10/7; Proof of Publication
for List of Claims and Summary of Revenues
for Month Ending 9/30. Upon motion the doc-
uments were received and filed.
2. Notice of Claims and Suits: Jerome Eh-
lers 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 ad-
vising that the following claims have been re-
ferred to Public Entity Risk Services of Iowa,
the agent for the Iowa Communities Assurance
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 certain pay-
ments of bills that must be paid and approved
for payment in accordance with City proce-
dures was adopted.
RESOLUTION NO. 383-19
AUTHORIZING THE DIRECTOR OF FI-
NANCE 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 req-
uisitioned for a lawful municipal purpose; and
Whereas, the Finance Director-City Treas-
urer 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 pay-
ment 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 requested
by designated requisitioning authorities in ac-
cordance with approved budget appropria-
tions.
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 Man-
ager 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 Fif-
teenth 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 re-
ceived and filed.
8. Growing Sustainable Communities Con-
ference Agenda: City Manager providing a
copy of the Growing Sustainable Communities
Conference agenda held at the Grand River
403 Regular Session November 4, 2019 Book 149
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 Engi-
neering, in order to provide for additional,
shared watershed/flooding planning efforts.
Upon motion the documents were received
and filed, and Resolution No. 384-19 Authoriz-
ing Dubuque County the opportunity and right
to contract with Houston Engineering to con-
tinue 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 CONTRACT
WITH HOUSTON ENGINEERING TO CON-
TINUE AND EXTEND EXISTING WATER-
SHED PLANNING EFFORTS TO INCLUDE A
MULTI-HAZARD WATER QUALITY AND
QUANTITY APPROACH
Whereas, Dubuque County seeks to pro-
cure services in accordance with the Request
for Proposal (RFP) issued by the City of
Dubuque on October 31, 2018 for certain hy-
drology-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 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 Manage-
ment 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 accordance 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 procurement proce-
dures, in procuring Houston Engineering Inc.
who was the contractor selected as a result of
the aforementioned RFP process; and
Whereas, 2 CFR Part 200 Section 318 en-
courages local governmental entities, in order
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 com-
mon or shared goods or services; and
Whereas, the Dubuque County, being a
partner with the City of Dubuque in efforts re-
lating to the aforementioned RFP, wishes to
document that appropriate procurement meth-
ods 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 Coun-
ty to utilize the services of the contractor, Hou-
ston Engineering, Inc., retained under the
City’s Request for Proposal (RFP) issued Oc-
tober 31, 2018 for creation of a hydrologically
modified Digital Elevation Conservation Plan-
ning model, such as Agricultural Conservation
Planning Framework and/or the Prioritize, Tar-
get, and Measure Application for all of Dubu-
que County.
Section 2. The City delegates to the Coun-
ty the right, as a partner referenced in said
RFP, to extend its own contract with said con-
tractor 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 addi-
tional 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 recommend-
ing approval of a letter for support from Mayor
Roy Buol to the National Mississippi River Mu-
seum & Aquarium for its Iowa DNR REAP
Conservation Education Program (CEP) grant
application. Upon motion the documents were
received, filed and approved.
11. Nuisance Garbage Collection Charges
(Housing Department): City Manager recom-
mending adoption of a resolution authorizing
the City Clerk to certify garbage collection
charges to the Dubuque County Treasurer in
order to establish real property liens for collec-
tion of such charges. Upon motion the docu-
ments were received and filed, and Resolution
No. 385-19 Authorizing the City to collect de-
linquent garbage collection charges in accord-
ance 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.
404 Regular Session November 4, 2019 Book 149
RESOLUTION NO. 385-19
AUTHORIZING THE CITY TO COLLECT DE-
LINQUENT 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 welfare 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 at-
tached Garbage Assessment Schedule are
delinquent in the payment of garbage collec-
tion 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 As-
sessment Schedule are delinquent in the pay-
ment 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 DELIN-
QUENT NUISANCE GARBAGE COLLEC-
TION 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 Southern
Hills Ct., Dubuque IA 52003; 1024338010;
$124.00; garbage
375 Nevada St.; Lot 11 T S Nairns Dubu-
que; 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 Mad-
ison St. Retaining Wall Reconstruction Emer-
gency Repair Project: City Manager recom-
mending 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 Develop-
ment Agreement and Collateral Assignment:
City Manager recommending approval of an
Amendment to Development Agreement and
Collateral Assignment of Development Agree-
ment changing the substantial 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 in-
dexed City Council's Official Proceedings for
calendar year 2018. Upon motion the docu-
ments 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 Priori-
ties. 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 Ap-
plications/Network Analyst. Upon motion the
documents were received, filed, and made a
Matter of Record.
405 Regular Session November 4, 2019 Book 149
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 adminis-
tered on September 17, 2019. We hereby cer-
tify 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
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 vacancy
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 Maldona-
do, 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 Occupa-
tional 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. Up-
on 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 Reconstruction
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 re-
quest of the vendor and City staff.
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 ap-
proved.
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 Approv-
ing 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 RE-
QUIRED BY CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 4 BUSINESS AND LI-
CENSE REGULATIONS, CHAPTER 2 LIQ-
UOR CONTROL, ARTICLE B LIQUOR,
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 re-
quirements 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 di-
rected to cause to be issued the noted permit
406 Regular Session November 4, 2019 Book 149
types to the following applicants pending sub-
mission of the locally required documentation:
Renewals
Aldi, Inc #30, 2160 Holliday Dr., Class C Beer,
Class B Wine (Sunday)
Barrel House Dubuque, 299 Main St., Class C
Liquor License (Sunday)
Dimensional Brewing Company, 67 Main St.,
Class B Beer (Outdoor) (Sunday)
Dog House Lounge, 1646 Asbury Rd., Class C
Liquor License (Outdoor) (Sunday)
Happy Joe's Old-Fashioned Ice Cream & Piz-
za 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 Native Wine, Class C Beer
(Sunday)
Wicked Dame, 214 West 1st St., Class C Liq-
uor, 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 Com-
mission” 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 Re-
newal Plan - Resolution of Adoption: Proof of
publication on notice of public hearing to con-
sider approval of an Amended and Restated
Urban Renewal Plan for the Dubuque Industri-
al Center Economic Development District, and
the City Manager recommending approval.
Motion by Resnick to receive and file the doc-
uments and adopt Resolution No. 387-19 Ap-
proving the Amended and Restated Urban
Renewal Plan Version 2019.1, for the Dubu-
que Industrial Center Economic Development
District. Seconded by Del Toro. Motion carried
6-0.
RESOLUTION NO. 387-19
APPROVING THE AMENDED AND RE-
STATED URBAN RENEWAL PLAN, VER-
SION 2019.1, FOR THE DUBUQUE INDUS-
TRIAL CENTER ECONOMIC DEVELOP-
MENT DISTRICT
Whereas, by Resolution 362-19 on Octo-
ber 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 Re-
newal Plan” or “Plan”) for the Dubuque Indus-
trial Center Economic Development District
(the "District"); and
Whereas, the Amended and Restated Ur-
ban 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 de-
velopment purposes and objectives as de-
scribed in the Plan; and
Whereas, a consultation process has been
undertaken with affected taxing entities in ac-
cordance with Chapter 403 of the Code of Io-
wa with no written objections or recommended
changes to the Plan received; and
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 Ur-
ban Renewal Plan for the Dubuque Industrial
Center Economic Development District, Ver-
sion 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 projects 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 com-
munity objectives.
Section 3. The District, as amended, con-
tinues 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
407 Regular Session November 4, 2019 Book 149
renewal area and otherwise meets all requi-
sites under the provisions of Iowa Code Chap-
ter 403; and that the rehabilitation, conserva-
tion, redevelopment, development, or a com-
bination thereof, of such area is necessary in
the interest of the public health, safety or wel-
fare 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 of the Dubuque County Recorder.
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 expan-
sion, and the City Manager recommending
approval. Motion by Jones to receive and file
the documents and adopt Resolution No. 388-
19 Approving the Third Amendment to Devel-
opment Agreement between the City of Dubu-
que, Iowa and Progressive Processing, LLC.
Seconded by Resnick. Motion carried 6-0.
RESOLUTION NO. 388-19
APPROVING THE THIRD AMENDMENT TO
DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF DUBUQUE, IOWA AND PRO-
GRESSIVE PROCESSING, LLC
Whereas, The City of Dubuque (City) and
Progressive Processing, LLC (Developer) pre-
viously entered into a Development Agreement
dated April 21, 2008, for its processing facility
in the City of Dubuque (the Development
Agreement), as amended by the First Amend-
ment dated May 1, 2008, and Second
Amendment dated March 17, 2014; and
Whereas, Developer has proposed to ex-
pand its processing facility and has agreed to
an additional investment of approximately $13
Million in building improvements, construction,
and machinery/equipment and to create 58
additional new jobs with this expansion; and
Whereas, City and Developer desire to fur-
ther amend the Development Agreement as
set forth herein.
NOW THEREFORE, IN CONSIDERATION
OF THE MUTUAL TERMS AND COVENANTS
CONTAINED HEREIN, CITY AND DEVEL-
OPER AGREE THAT:
Section 1. The Third Amendment to Devel-
opment Agreement between City and Devel-
oper is hereby approved.
Section 2. The Mayor is hereby authorized
and directed to execute the Third Amendment
to Development Agreement on behalf of the
City of Dubuque and the City Clerk is author-
ized and directed to attest to his signature.
Section 3. The City Manager is authorized
to take such actions as are necessary to com-
ply 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 De-
velopment Agreement between the City of
Dubuque and Walter Development, LLC, in-
cluding 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. 389-19 Approving a
Development Agreement by and between the
City of Dubuque, Iowa, and Walter Develop-
ment, 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 AGREE-
MENT BY AND BETWEEN THE CITY OF
DUBUQUE, IOWA, AND WALTER DEVEL-
OPMENT, LLC FOR THE SALE OF CITY-
OWNED PROPERTY INCLUDING THE IS-
SUANCE 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 De-
velopment 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 the
terms and conditions set out in the Develop-
ment Agreement, is in the public interest of the
City of Dubuque.
408 Regular Session November 4, 2019 Book 149
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 com-
ply with the terms of the Development Agree-
ment 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 Devel-
opment, LLC; and Unison Solutions Develop-
ment Agreement: Proof of publication on no-
tice of public hearing to consider approval of a
Development Agreement by and among the
City of Dubuque, Walter Development, LLC,
BAS Development, LLC, and Unison Solu-
tions, 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 Man-
ager recommending approval. Motion by
Jones to receive and file the documents and
adopt Resolution No. 390-19 Approving the
disposal of an interest in City of Dubuque-
owned real estate by sale to BAS Develop-
ment, LLC, pursuant to a Development
Agreement by and among the City of Dubu-
que, Walter Development, LLC, Bas Develop-
ment, LLC, and Unison Inc. including the issu-
ance of Urban Tax Increment Revenue Obliga-
tions. Seconded by Shaw. Motion carried 6-0.
RESOLUTION NO. 390-19
APPROVING THE DISPOSAL OF AN IN-
TEREST IN CITY OF DUBUQUE OWNED
REAL ESTATE BY SALE TO BAS DEVEL-
OPMENT, LLC, PURSUANT TO A DEVEL-
OPMENT AGREEMENT BY AND AMONG
THE CITY OF DUBUQUE, WALTER DEVEL-
OPMENT, LLC, BAS DEVELOPMENT, LLC,
AND UNISON INC. INCLUDING THE ISSU-
ANCE OF URBAN TAX INCREMENT REVE-
NUE 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 Increment
Revenue Obligations; and
Whereas, pursuant to published notice, a
public hearing was held on the proposed dis-
position 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 Devel-
opment Agreement for redevelopment of the
Property by Unison Inc., according to the
terms and conditions set out in the Develop-
ment 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 here-
to, 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 com-
ply with the terms of the Development Agree-
ment 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, specifi-
cations, form of contract, and estimated 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. Second-
ed by Resnick. Motion 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 RE-
PAIR PROJECT
409 Regular Session November 4, 2019 Book 149
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 ap-
proved.
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.
Continued on Next Page
410 Regular Session November 4, 2019 Book 149
RESOLUTION NO. 392-19
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 activi-
ty that supports this resolution which was considered at that hearing:
Total Budget
as certified or
last amended
Current
Amend-
ment
Total Budget
after 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
(Under) 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 available cash:
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 in-
crease 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 budg-
et.
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
411 Regular Session November 4, 2019 Book 149
PUBLIC INPUT
Lynn Sutton, 859 Air Hill, advocated for cit-
izens whom she believes are being taken ad-
vantage of by landlords in terms of not taking
housing choice vouchers for the elderly and
disabled, not providing heat, and not prevent-
ing 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 Table Mound Mobile Home Park to re-
spond 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 opposition 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 sup-
port 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 Man-
ager recommending award of the construction
contract for the Multicultural 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) Expansion and Renova-
tion Project. Seconded by Resnick. Motion
carried 6-0.
RESOLUTION NO. 393-19
AWARDING PUBLIC IMPROVEMENT CON-
TRACT FOR THE MULTICULTURAL FAMI-
LY CENTER (MFC) EXPANSION AND REN-
OVATION
Whereas, sealed proposals have been
submitted by contractors for the Multicultural
Family Center (MFC) Expansion and Renova-
tion Project, (the Project) pursuant to Resolu-
tion No. 363-19 and Notice to Bidders pub-
lished on the City of Dubuque website and in a
contractor plan room service with statewide
circulation on the 10th day of October 2019.
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 low-
est responsive, responsible bidder for the Pro-
ject.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
A Public Improvement Contract for the Pro-
ject is hereby awarded to Sheets Design Build,
LLC and the City Manager is hereby 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 Progres-
sive Processing LLC State of Iowa Business
Financial Assistance Contract: City Manager
recommending approval of a resolution author-
izing Contract 20-HQJP-008 by and among
Hormel Foods and Progressive Processing
LLC, the City of Dubuque and the Iowa Eco-
nomic Development Authority for the invest-
ment by Hormel Foods and Progressive Pro-
cessing for the expansion of its operations in
the City of Dubuque. Motion by Jones to re-
ceive and file the documents and adopt Reso-
lution No. 394-19 Authorizing the execution of
a contract for State Business Financial Assis-
tance by and among Hormel Foods Corpora-
tion and Progressive Processing, LLC; the City
of Dubuque, Iowa and the Iowa Economic De-
velopment Authority. Seconded by Resnick.
Motion carried 6-0.
RESOLUTION NO. 394-19
AUTHORIZING THE EXECUTION OF A
CONTRACT FOR STATE BUSINESS FI-
NANCIAL ASSISTANCE BY AND AMONG
HORMEL FOODS CORPORATION AND
PROGRESSIVE 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 Dubu-
que, 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) investment
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 Io-
wa Economic Development Authority is de-
signed to assist in the economic development
efforts of local jurisdictions; and
412 Regular Session November 4, 2019 Book 149
Whereas, the Iowa Economic Development
Authority has requested execution of an Eco-
nomic Development Assistance Contract in
order to finalize incentives and document as-
sociated terms for the expansion of the Hormel
Foods Corporation and Progressive Pro-
cessing LLC proposed project at 1205 Cha-
venelle Court in the City.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The execution of the Economic
Development Assistance Contract 20-HQJP-
008 for participation in the Iowa Economic
Development Authority’s Financial Assistance
Program on behalf of Hormel Foods Corpora-
tion and Progressive Processing LLC, a copy
of which is attached hereto, is hereby ap-
proved.
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 oth-
er 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 accept-
ed for Housing Choice Vouchers to include
manufactured homes. Motion by Jones to re-
ceive and file the documents and adopt Reso-
lution No. 395-19 Approving PHA Policy up-
dates 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 ena-
bling the landlord’s price increases. Housing
and Community Development Director Alexis
Steger responded to questions from the City
Council stating that even if approved, the land-
lord 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 designat-
ed as a Public Housing Authority; and
Whereas, the City of Dubuque maintains a
comprehensive Public Housing Administrative
Plan; and
Whereas, the City of Dubuque adopts spe-
cific policy that is supplemental to the Public
Housing Administrative Plan; and
Whereas, the Housing Commission is ad-
visory 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 manu-
factured home space rental as a permitted
special housing type in the City of Dubuque as
allowed and defined in Chapter 15 of the Pub-
lic Housing Administrative Plan.
Passed, approved, and adopted this 4th
day of November 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
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
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 fur-
ther recommended that staff be directed to
submit the amendment to the Iowa Economic
Development Authority for adoption and ap-
proval of the changes. Motion by Jones to re-
ceive and file the documents and approve the
recommendation. Seconded by Resnick.
Housing and Community Development Direc-
tor 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 re-
gardless of participation in the program. Mo-
tion carried 6-0.
5. Amendment to Lead & Healthy Homes
Work Plan: City Manager recommending ap-
proval to amend the Lead & Healthy Homes
Work Plan to require rental property owners
that participate in the program to accept Hous-
ing Choice Vouchers from qualified prospec-
tive 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. Department of Housing
413 Special Session November 12, 2019 Book 149
and Urban Development (HUD) for adoption
and approval of the changes. Motion by Shaw
to receive and file the documents and approve
the recommendation. Seconded by Resnick.
Motion carried 6-0.
6. Request for Work Session on the Five
Flags Civic Center Phase 2A Study Presenta-
tion: City Manager recommending that City
Council schedule a work session for Novem-
ber 12, 2019 in the Council Chambers to pre-
sent the Five Flags Civic Center Phase 2A
Study. Motion by Jones to receive and file the
documents and set the work session as rec-
ommended pending no Council Member con-
flicts. 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 status report on
Dubuque’s Arts and Culture Master Plan. Mo-
tion by Jones to receive and file the docu-
ments and set the work session as recom-
mended pending no Council Member 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 Resnick 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 every-
one to vote.
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
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special
session at 6:00 p.m. on November 12, 2019 in
the second-floor Council Chambers of the His-
toric Federal Building, 350 W. 6th Street.
Present: Mayor Buol (via telephone),
Chairperson Jones; Council Members Del To-
ro, Shaw, Sprank; City Manager Van Milligen,
City Attorney Brumwell
Absent: Mayor Pro Tem Rios, Council
Member Resnick
Chairperson Jones read the call and stated
this is a special session of the City Council
called for the purpose of conducting work ses-
sions on the Five Flags Civic Center 2A Study
and the State of the Arts.
SWEARING IN
1. Swearing-In: City Clerk Kevin Firnstahl
administered the Oath of Office to 3rd Ward
Council Member-Elect Danny Sprank.
WORK SESSION 1 of 2
FIVE FLAGS CIVIC CENTER PHASE 2A
STUDY PRESENTATION
Leisure Services Manager Marie Ware in-
troduced the work session and consultants Bill
Krueger of Conventions, Sports and Leisure
International (CS&L) and Ken Betsch of
Betsch Associates. Ms. Ware noted that the
presentation had been given to the Five Flags
Center Advisory Commission. Topics included:
• Work Efforts
o Phase 1 Study 2017-2018
o Phase 2 Planning late 2018
o Phase 2A Planning late 2019
• Review of Phase 1 Study and Scenarios
1, 2, 3 and 4
• Phase 2 Planning
o Scope of work
o Refined program elements (arena,
theater)
o Project site
o Renderings for Arena exterior, en-
trance lobby, concourse, seating
bowl, club lounge; theater lobby
o Overall parking capacity
• Phase 2A Planning
o Scope of work
o Scenario 3 (renovated/expanded
arena)
414 Special Session November 12, 2019 Book 149
o Scenario 4 Hybrid (reduced cost
New Arena)
o Comparison of Scenario 4 vs. 3
o Comparison of Scenarios 4 vs. 4
hybrid
o Review of Scenario 4, hybrid: are-
na-level plan, concourse plan, roof
plan, upper seating plan, seating
plan, basement plan,
o Phase 2A seating levels and capac-
ity, square footage, construction
costs
o Estimates of
▪ annual events and utilization
▪ annual attendance and room
nights
▪ annual financial operations
▪ comparable arena construction
costs
▪ modern sponsorship opportuni-
ties
▪ funding issues
Chairperson Jones allowed questions from
the Council Members-Elect Brad Cavanagh
and Laura Roussell who were in attendance.
The presenters responded to questions
from the City Council regarding soil analysis,
aggregate spread footings foundation, calcu-
lating attendance forecasts, investment and
subsidy concerns, the ability to compete with
larger-city venues and Dubuque’s unique mar-
keting position, operations and revenue sce-
narios, naming rights, adequate construction
contingencies, quality of life component to the
facility, and the displacement of SMG employ-
ees during the construction process.
City Manager Van Milligen responded to
questions from the City Council regarding next
steps by stating that the Five Flags Civic Cen-
ter Advisory Commission will provide a rec-
ommendation to the City Council. He then re-
viewed the required timeline options for a pos-
sible referendum in 2020 or 2021.
This work session concluded at 7:34 p.m.
WORK SESSION 2 OF 2
STATE OF THE ARTS
Economic Development Director Jill Con-
nors introduced the work session and the new
Arts and Cultural Affairs Coordinator Jenni
Petersen-Brant who provided an overview and
impact of the year-to-date activities, aware-
ness being drawn to upcoming arts initiatives,
and an update on efforts related to the City’s
Arts and Culture Master Plan.
Topics included:
• A biography for Ms. Petersen-Brant.
• Review of the membership of the Arts
& Cultural Affairs Advisory Commission
• Review of 2019-2020 City of Dubuque
funding for special arts projects and
operating support for cultural organiza-
tions
• History and projected ideas for Art on
the River exhibitions
• Visitor testimonials
• Economic impact of the arts, “the Arts
Mean Business”
• Arts Luncheon and panel of Arts
Champions
• Arts & Business Academy for profes-
sional development and business skills
training
Arts and Culture Master Plan
• Implementation roadmap
• Branding and communications; ongoing
achievements
• Capacity and investment; partnerships,
ongoing achievements
• Artists, creative economy, and entre-
preneurship; ongoing achievements
• Accessibility, engagement, and inclu-
sions; ongoing achievements
• Public art infrastructure; expand and in-
tegrate, ongoing achievements
• Link and align with the Imagine Dubu-
que 2037: A Call to Action Comprehen-
sive Plan
• Inspiring collaboration synergy and vi-
brancy
Responding to questions from the City
Council, Ms. Petersen-Brant stated that a pub-
lic art policy is yet to come out of the Master
Plan with consideration given to public funding
for public art.
CLOSED SESSION
Motion by Shaw at 8:06 p.m. to convene in
closed session to discuss Real Estate Transfer
Negotiations pursuant to Chapter 21.5(1)(j)
Code of Iowa. Seconded by Sprank. Motion
carried 5-0.
Chairperson Jones stated for the record
that the attorney who will consult with City
Council on the issue to be discussed in the
closed session is City Attorney Crenna Brum-
well. Motion carried 5-0.
Upon motion, the City Council reconvened
in open session at 9:07 p.m. stating that staff
had been given proper direction.
There being no further business, motion by
Shaw to adjourn at 9:08 p.m. Seconded by Del
Toro. Motion carried 5-0.
/s/Kevin S. Firnstahl, CMC, City Clerk
415 Special Session November 18, 2019 Book 149
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special
session at 5:30 p.m. on November 18, 2019 in
the second-floor Council Chambers of the His-
toric Federal Building, 350 W. 6th Street.
Present: Mayor Buol (via telephone);
Chairperson Jones; Council Members Del To-
ro, Resnick, Shaw, Sprank; City Manager Van
Milligen, City Attorney Brumwell
Absent: Mayor Pro Tem Rios
Chairperson Jones called the meeting to
order and stated that this is a special session
of the City Council called for the purpose of
conducting a work session on Sustainable
Dubuque.
WORK SESSION
SUSTAINABLE DUBUQUE
Dubuque’s Path Forward to Improved Air
Quality 2019
Sustainable Community Coordinator Gina
Bell introduced presenters Dave Lyons, Sus-
tainable Innovations Consultant from the
Greater Dubuque Development Corporation;
Chandra Ravada, Director of Transportation,
Planning and Transit Services for East Central
Intergovernmental Agency (ECIA); and Mary
Rose Corrigan, City of Dubuque Public Health
Specialist. Topics included:
• Emission baseline inventory 2008
• Ozone design values 1999-2010, 1999-
2018 Stockton, Clinton & Coggon Moni-
tors
• Programs and projects implemented
from 2008-2018
• Comparison of pollutants from 2008-
2014
• Comparison of emission contributor
from 2008-2014
• Comparison of emission reduction in
Dubuque & Scott Counties 2008-2014
• Comparison of emissions by sources
between Dubuque & Scott Counties
2008-2014
• Emissions inventory from 2008-2018
• Potosi Monitor Raw Data from 2008-
2018
• Future initiatives: US 52/SW Arterial
Project; East/West Corridor Improve-
ments; STREETS Signal project; Cli-
mate Action Plan Update; Dubuque
Metropolitan Area Solid Waste Agency
(DMASWA) Project; Water and Re-
source Recovery Center (W&RRC)
RNG Expansion Phase 2
o Smart Traffic Routing with Effi-
cient & Effective Traffic Systems
(STREETS)
o University Avenue Overlap sec-
tion
o Long-term projects after 2020
The presenters responded to questions
from the City Council related to how particu-
lates are calculated, and the effect of national
wildfires and local road conditions have on air
quality.
There being no further business, motion by
Shaw to adjourn at 5:53 p.m. Seconded by Del
Toro. Motion carried 6-0.
/s/Kevin S. Firnstahl, CMC, City Clerk
416 Regular Session November 18, 2019 Book 149
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular
session at 6:00 p.m. on November 18, 2019 in
the second-floor Council Chambers of the His-
toric Federal Building, 350 W. 6th Street.
Present: Mayor Buol (via telephone);
Chairperson Jones; Council Members Del To-
ro, Resnick, Shaw, Sprank; City Manager Van
Milligen, City Attorney Brumwell
Absent: Mayor Pro Tem Rios
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. Standout Community Organization Pur-
suing Equity (S.C.O.P.E.) Award - Multicultural
Family Center: Operation New View Board
Member Laura Roussell and previous
S.C.O.P.E. recipient presented the Thomas
Determan S.C.O.P.E. Award to the Multicul-
tural Family Center. The award was accepted
by MFC Director Jacqueline Hunter
PROCLAMATION(S)
1. Small Business Saturday (November 23,
2019): Was accepted by Chairperson Ric
Jones on behalf of the Dubuque Area Cham-
ber of Commerce.
CONSENT ITEMS
Motion by Resnick to receive and file the
documents, adopt the resolutions, and dispose
of as indicated. Seconded by Del Toro. Coun-
cil Member Shaw requested Item No. 17 be
held for separate discussion. Marvin Ney re-
quested Item No. 18 be held for separate dis-
cussion. Motion carried 6-0.
1. Minutes and Reports Submitted: Arts
and Cultural Affairs Commission and Working
Groups of 10/22; City Council proceedings of
11/4, 11/12; Historic Preservation Commission
of 9/25; Housing Commission of 10/22, 11/14;
Historic Preservation Commission of 9/25;
Human Rights Commission of 9/9, 9/26; Li-
brary Board of Trustees of 9/6; Transit Adviso-
ry Board of 10/24; Zoning Advisory Commis-
sion of 11/6; Zoning Board of Adjustment of
10/24; Proof of Publication for City Council
Proceedings of 10/21. Upon motion the docu-
ments were received and filed.
2. 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. 396-19 Authorizing the Finance
Director-City Treasurer to make certain pay-
ments of bills that must be paid and approved
for payment in accordance with City proce-
dures was adopted.
RESOLUTION NO. 396-19
AUTHORIZING THE DIRECTOR OF FI-
NANCE 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 req-
uisitioned for a lawful municipal purpose; and
Whereas, the Finance Director-City Treas-
urer 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 pay-
ment 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 requested
by designated requisitioning authorities in ac-
cordance with approved budget appropria-
tions.
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-
417 Regular Session November 18, 2019 Book 149
bursements to the City Council, and to publish
a summary thereof.
Passed, approved, and adopted this 18th
day of November 2019.
Ric W. Jones, Chairperson
Attest: Kevin S. Firnstahl, City Clerk
3. Abstracts of Votes: City Clerk transmit-
ting the Abstracts of Votes for the November 5,
2019 General Election as certified by the
Dubuque County Auditor. Upon motion the
documents were received and filed.
4. Dubuque Jaycees 2020 Fireworks Re-
quest: Correspondence from Thomas Parsley,
General Manager for Radio Dubuque, in part-
nership with the Dubuque Jaycees, requesting
approval to conduct a fireworks display on
Friday, July 3, 2020 from 9:00 p.m. to 10:30
p.m. on Volunteer Road between Hawthorne
St. and Lime St. in conjunction with the closure
of indicated streets and A.Y. McDonald Park
as part of a special event request. A rain date
of July 4, 2020 is also requested. Upon motion
the document was received, filed and ap-
proved.
5. Drug Abuse Resistance Education
(DARE) Program Agreement with Dubuque
Community School District: City Manager rec-
ommending approval of the Fiscal Year 2019-
2020 Drug Abuse Resistance Education
(DARE) Agreement between the City of Dubu-
que Police Department and the Dubuque
Community School District. Upon motion the
documents were received, filed and approved.
6. School Resource Officer (SRO) Agree-
ment with Dubuque Community Schools: City
Manager recommending approval of the Fiscal
Year 2019/2020 School Resource Officer
(SRO) Agreement with the Dubuque Commu-
nity School District and recommends ac-
ceptance of the School District’s financial sup-
port retroactive to the start of the 2019/2020
school year. Upon motion the documents were
received, filed and approved.
7. Awarding the Ice Harbor Flood Gate
Abutment Repair Project: City Manager rec-
ommending adoption of a resolution authoriz-
ing award of the construction contract for the
Ice Harbor Flood Gate Abutment Repair Pro-
ject CIP# 7202792 to Tricon General Con-
struction. Upon motion the documents were
received and filed, and Resolution No. 397-19
Awarding public improvement contract for the
Ice Harbor Flood Gate Abutment Repair Pro-
ject was adopted.
RESOLUTION NO. 397-19
AWARDING PUBLIC IMPROVEMENT CON-
TRACT FOR THE ICE HARBOR FLOOD
GATE ABUTMENT REPAIR PROJECT
Whereas, sealed proposals have been
submitted by contractors for the Ice Harbor
Flood Gate Abutment Repair Project pursuant
to Resolution No. 361-19 and Notice to Bid-
ders published on the City of Dubuque, Iowa
website and plan room service with statewide
circulation on the 8th day of October 2019; and
Whereas, said sealed proposals were
opened and read on the 5th day of November
2019 and it has been determined that Tricon
General Construction, Inc. of Dubuque, Iowa
with a bid in the amount of $73,000.00 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 Pro-
ject is hereby awarded to Tricon General Con-
struction, Inc., and the City Manager is hereby
directed to execute a Public Improvement
Contract on behalf of the City of Dubuque for
the Project.
Passed, adopted, and approved this 18th
day of November 2019.
Ric W. Jones, Chairperson
Attest: Kevin S. Firnstahl, City Clerk
8. Recording the Award of the City Hall
Sidewalk Heating Boilers and Sensor System
Project: City Manager recommending that the
award for the City Hall Sidewalk Heating Boil-
ers and Sensor System Project be officially
recorded in the minutes of the City Council.
Upon motion the documents were received,
filed and made a Matter of Record.
9. Accepting the Water Main Extension to
Tamarack Park (Phase 1): City Manager rec-
ommending adoption of the resolution to ac-
cept the improvements and authorize the final
payment for the Water Main Extension to
Tamarack Park (Phase 1) project to Top
Grade Excavating. Upon motion the docu-
ments were received and filed, and Resolution
No. 398-19 Accepting the Tamarack Park Wa-
ter Main Extension (Phase 1) Project and au-
thorizing final payment to the contractor was
adopted.
RESOLUTION NO. 398-19
ACCEPTING THE TAMARACK PARK WA-
TER MAIN EXTENSION (PHASE 1) PRO-
JECT AND AUTHORIZING FINAL PAYMENT
TO THE CONTRACTOR
Whereas, the public improvement contract
for the Water Main Extension to Tamarack
Park (Phase 1) Project (the Project) has been
completed by the Contractor, Top Grade Ex-
cavating, Inc. (Contractor), the Water Depart-
418 Regular Session November 18, 2019 Book 149
ment Manager has examined the work and
recommends that the Project be accepted; and
Whereas, the City has made partial pay-
ment in the amount of $423,839.08; and
Whereas, the final contract payment
amount including retainage of $25,163.57 is
due in full; and
Whereas, the City Council finds that the
recommendation of the Water Department
Manager should be accepted.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The recommendation of the Wa-
ter Department Manager is approved, and the
Project is hereby accepted.
Section 2. The Finance Director is hereby
directed to pay to the Contractor the balance
of the final payment $25,163.57 as provided in
Iowa Code chapter 573.
Passed, approved, and adopted this 18th
day of November 2019.
Ric W. Jones, Chairperson
Attest: Kevin S. Firnstahl, City Clerk
WATER DEPARTMENT MANAGER’S CER-
TIFICATE OF FINAL COMPLETION OF THE
TAMARACK PARK WATER MAIN EXTEN-
SION (PHASE 1) PROJECT
The undersigned Water Department Man-
ager of the City of Dubuque, Iowa, hereby cer-
tifies that she has inspected the Water Main
Extension to Tamarack Park (Phase 1) Pro-
ject: and that said Project has been performed
in compliance with the terms of the Public Im-
provement Contract, and that the total cost of
the completed work including all change or-
ders and adjustments is $449,002.65.
Dated this 18th day of November 2019.
/s/Denise Blakeley Ihrig, P.E.,
Water Department Manager
Filed in the office of the City Clerk on the 18th
day of November 2019.
/s/Kevin S. Firnstahl, City Clerk
10. Acceptance of Dubuque Industrial Cen-
ter West - McFadden Farm Grading Phase I
Project: City Manager recommending adoption
of the resolution providing acceptance of the
construction contract for the Dubuque Industri-
al Center West-McFadden Farm Grading
Phase I to Peterson Contractors, Inc. of Rein-
beck, Iowa. Upon motion the documents were
received and filed, and Resolution No. 399-19
Accepting the DICW - McFadden Farm Grad-
ing Phase I Project and authorizing the pay-
ment of the contract amount to the contractor
was adopted.
RESOLUTION NO. 399-19
ACCEPTING THE DICW - MCFADDEN
FARM GRADING PHASE I PROJECT AND
AUTHORIZING THE PAYMENT OF THE
CONTRACT AMOUNT TO THE CONTRAC-
TOR
Whereas, the Public Improvement Contract
for the Dubuque Industrial Center West
(DICW) - McFadden Farm Grading Phase I
Project (the Project) has been completed by
the Contractor, Peterson Contractors, Inc. of
Reinbeck, Iowa (Contractor), and the City En-
gineer has examined the work and signed a
certificate stating that the Project has been
completed according to the terms of the Public
Improvement Contract and that the City Engi-
neer recommends that the Project be accept-
ed; and
Whereas, the final contract amount for the
Project is $452,714.60; and
Whereas, the Contractor has previously
been paid $430,078.87, leaving a balance of
$22,635.73; and
Whereas, the City Council finds that the
recommendation of the City Engineer should
be accepted.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City
Engineer is approved, and the Project is here-
by accepted.
Section 2. The Finance Director is hereby
directed to pay to the Contractor from the
Dubuque Industrial Center West Land Sales
CIP appropriations for the contract amount of
$452,714.60 less any retained percentage
provided for therein as provided in Iowa Code.
Section 3. The Finance Director is hereby
directed to pay to the Contractor the balance
of the retainage of $22,635.73 as provided in
Iowa Code chapter 573, and to pay such re-
tainage in accordance with the provisions of
Iowa Code chapter 573 or Iowa Code chapter
26.13.
Passed, approved, and adopted this 18th
day of November 2019.
Ric W. Jones, Chairperson
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL
COMPLETION OF THE DICW - MCFADDEN
FARM GRADING PHASE I PROJECT
The undersigned City Engineer of the City
of Dubuque, Iowa, hereby certifies that he has
inspected the Dubuque Industrial Center West
(DICW) - McFadden Farm Grading Phase I
Project, that the Project has been performed in
compliance with the terms of the Public Im-
provement Contract, and that the total cost of
the completed work is $590,873.33.
Dated this 8th of November 2019.
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 8th
day of November 2019.
/s/Kevin S. Firnstahl, City Clerk
419 Regular Session November 18, 2019 Book 149
11. Acceptance of Sanitary Sewer Ease-
ment from PTC, LLC for Property at 18th and
Elm Streets: City Manager recommending
acceptance of the Grant of Easement for Pub-
lic Sanitary Sewer Utility from PTC LLC for
property at 1800 Elm Street. Upon motion the
documents were received and filed, and Reso-
lution No. 400-19 Accepting a Grant of Ease-
ment for the public sanitary sewer through,
over and across part of Lot 171A in East
Dubuque Addition, in the City of Dubuque,
Iowa was adopted.
RESOLUTION NO. 400-19
ACCEPTING A GRANT OF EASEMENT FOR
PUBLIC SANITARY SEWER THROUGH,
OVER AND ACROSS PART OF LOT 171A IN
EAST DUBUQUE ADDITION, IN THE CITY
OF DUBUQUE, IOWA
Whereas, PTC LLC and the City of Dubu-
que have executed an agreement setting forth
terms for the construction, maintenance, and
replacement of a proposed public sanitary
sewer utility located in Part of Lot 171A in East
Dubuque Addition, in the City of Dubuque,
Dubuque County, Iowa; and
Whereas, PTC LLC has executed a Grant
of Easement for Public Sanitary Sewer
through, over and across Part of Lot 171A in
East Dubuque Addition, in the City of Dubu-
que, Dubuque County, Iowa.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The City Council of the City of
Dubuque, Iowa, hereby approves of, accepts,
and consents to the Grant of Easement for
Public Sanitary Sewer through, over and
across Part of Lot 171A in East Dubuque Addi-
tion, in the City of Dubuque, Iowa from PTC
LLC, a copy of which is attached hereto.
Section 2. The Mayor is hereby authorized
and directed to execute and acknowledge on
behalf of the City of Dubuque any instruments
in connection herewith.
Ric W. Jones, Chairperson
Attest: Kevin S. Firnstahl, City Clerk
12. North Cascade Road Right-of-Way
Dedication Plat from Property Owners Steger
and Tjarks: City Manager recommending that
the City Council adopt a resolution approving
the Acquisition Plats that will provide the addi-
tional right-of-way needed for the North Cas-
cade Road Reconstruction Project. Upon mo-
tion the documents were received and filed,
and Resolution No. 401-19 Approving the Ac-
quisition Plats of Lot A of the Southeast Quar-
ter of the Southwest Quarter of the Southwest
Quarter of Section 34, T89N, R2E of the 5th
P.M., Dubuque County, Iowa and Lot 1-1-A
and Lot 1-1-B of the Southeast Quarter of the
Southwest Quarter of Section 34, T89N, R2E
of the 5th P.M., Dubuque County, Iowa was
adopted.
RESOLUTION NO. 401-19
APPROVING THE ACQUISITION PLATS OF
LOT A OF THE SOUTHEAST QUARTER OF
THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 34,
T89N, R2E OF THE 5TH P.M., DUBUQUE
COUNTY, IOWA AND LOT 1-1-A AND LOT
1-1-B OF THE SOUTHEAST QUARTER OF
THE SOUTHWEST QUARTER OF SECTION
34, T89N, R2E OF THE 5TH P.M., DUBUQUE
COUNTY, IOWA
Whereas, there has been presented to the
City Council of the City of Dubuque, Iowa, an
Acquisition Plat dated February 18, 2019 pre-
pared by The City of Dubuque Engineering
Department describing Lot A of the Southeast
Quarter of the Southwest Quarter of the
Southwest Quarter of Section 34, T89N, R2E
of the 5th P.M., Dubuque County, Iowa; and
Whereas, there has been presented to the
City Council of the City of Dubuque, Iowa, an
Acquisition Plat dated February 18, 2019 pre-
pared by The City of Dubuque Engineering
Department describing Lot 1-1-A and Lot 1-1-B
of the Southeast Quarter of the Southwest
Quarter of Section 34, T89N, R2E of the 5th
P.M., Dubuque County, Iowa; and
Whereas, Lot A of the Southeast Quarter
of the Southwest Quarter of the Southwest
Quarter of Section 34, T89N, R2E of the 5th
P.M., Dubuque County, Iowa is designated as
Project Parcel 10 on said Acquisition Plat dat-
ed February 18, 2019 prepared by The City of
Dubuque Engineering Department; and
Whereas, Lot 1-1-A and Lot 1-1-B of the
Southeast Quarter of the Southwest Quarter of
Section 34, T89N, R2E of the 5th P.M., Dubu-
que County, Iowa are designated as Project
Parcel 11-A and 11-B, respectively, on said
Acquisition Plat dated February 18, 2019 pre-
pared by The City of Dubuque Engineering
Department; and
Whereas, said plats conform to the laws
and statutes pertaining thereto; and
Whereas, upon said plats appear Lot A
and Lot 1-1-A and Lot 1-1-B, which John F.
Steger, Karla J. Steger, Heyo H. Tjarks, and
Camilla Tjarks, by said plat have dedicated to
the public forever.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The plats dated February 18,
2019 prepared by The City of Dubuque Engi-
neering Department, relative to the real estate
hereinabove described be and the same are
hereby approved, and the Mayor and City
Clerk be and they are hereby authorized and
directed to execute said plats and on behalf of
the City of Dubuque, Iowa.
420 Regular Session November 18, 2019 Book 149
Section 2. The dedication of Lot A of the
Southeast Quarter of the Southwest Quarter of
the Southwest Quarter of Section 34, T89N,
R2E of the 5th P.M., Dubuque County, Iowa,
for Right of Way purposes, as it appears on
said Acquisition Plat, be and the same is here-
by accepted.
Section 3. The dedication of Lot 1-1-A and
Lot 1-1-B of the Southeast Quarter of the
Southwest Quarter of Section 34, T89N, R2E
of the 5th P.M., Dubuque County, Iowa, for
Right of Way purposes, as they appear on said
Acquisition Plat, be and the same is hereby
accepted.
Section 4. The City Clerk be and is hereby
authorized and directed to file said plats and
certified copies of this resolution in the office of
the Recorder, in and for Dubuque County,
Iowa.
Passed, approved, and adopted this 18th
day of November 2019.
Ric W. Jones, Chairperson
Attest: Kevin S. Firnstahl, City Clerk
13. Vacant and Abandoned Buildings and
Problem Property Assessments: City Manager
recommending adoption of a resolution author-
izing the City to certify problem property
charges to the Dubuque County Treasurer in
order to establish real property liens for collec-
tion of such charges. Upon motion the docu-
ments were received and filed, and Resolution
No. 402-19 Authorizing the City of collect de-
linquent problem property charges in accord-
ance with 14-1J1 International Property
Maintenance Code Section 106.5 and/or Sec-
tion 109.5 Code of Ordinances of the City of
Dubuque, Iowa was adopted.
RESOLUTION NO. 402-19
AUTHORIZING THE CITY TO COLLECT DE-
LINQUENT PROBLEM PROPERTY CHARG-
ES IN ACCORDANCE WITH 14-1J1 INTER-
NATIONAL PROPERTY MAINTENANCE
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 un-
sanitary 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
Whereas, delinquent problem property
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:
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 Prob-
lem Property Assessment Schedule are delin-
quent in the payment of problem property
charges in the amount set aside of the respec-
tive 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 18th
day of November 2019.
Ric W. Jones, Chairperson
Attest: Kevin S. Firnstahl, City Clerk
SCHEDULE OF ASSESSMENTS
Vacant and Abandoned Building / Problem
Properties Location; Description; Owner;
Parcel #; Amount; Category
2555 Central Ave.; Lots 1-4 & 2-1-5 Kiene
& Altman’s Sub.; Property Investments Group
LLC, 605 Bluff St., Dubuque IA 52001;
1013314026; $275.88; Relocation of Tehants
from 2555 Central Ave.
2134 Central Ave.; L H Lang’s Add. N 65'
Lot 11 2134-2146 Central Ave.; Property In-
vestments Group LLC, 605 Bluff St., Dubuque
IA 52001; 1024207008; $473.00; Relocation of
tenant from 2136 Central Ave.
2134 Central Ave.; L H Lang’s Add. N 65'
Lot 11 2134-2146 Central Ave.; Property In-
vestments Group LLC, 605 Bluff St., Dubuque
IA 52001; 1024207008; $168.00; Relocation of
tenant from 2138 Central Ave.
2565 Central Ave.; Lots 1-2 & 1-3 Kiene &
Altman’s Sub.; Property Investments Group
LLC, 605 Bluff St., Dubuque IA 52001;
1013314025; $193.00; Relocation of tenant
from 2565 Central Ave.
2800 Washington St.; Lot 109 & S 1/2 of
Lot 108 Glendale Add. #2; McStac Properties,
LLC, 206 Saunders St., Dubuque IA 52001;
1013159013; $1,224.96; Relocation of tenants
from 2800 Washington St.
2205 Francis St.; Lot 1-21 Tivoli Add.;
Helgerson, Nick A & Sondra J. Revocable Liv-
ing Trust, 1139 Bennettville Rd., Zwingle IA
52079; 1024128028; $69.52; Relocation of
tenant from 2203 Francis St.
421 Regular Session November 18, 2019 Book 149
14. Finance Department Modified Staffing
Change: City Manager recommending approv-
al to modify the staffing request change ap-
proved by City Council on October 21, 2019 to
request a full-time Budget/Financial Analyst.
Upon motion the documents were received,
filed and approved.
15. Request for Assistant Housing and
Community Development Director: City Man-
ager recommending the addition of a Full -Time
Assistant Housing and Community Develop-
ment Director to be implemented in the current
fiscal year. Upon motion the documents were
received, filed and approved.
16. Transitioning the Lead and Healthy
Homes Inspector to a Permanent Position: City
Manager recommending transitioning one
Lead and Healthy Homes Inspector position to
a permanent FTE position that will span fund-
ing sources necessary to hold continuity to
both grant funded positions and the general
housing code enforcement team. Upon motion
the documents were received, filed and ap-
proved.
17. Integrated Parking Service (IPS) Smart
Parking Pilot: City Manager recommending
approval to enter into an agreement with IPS
Group, Inc. to implement a 60-day smart park-
ing pilot with the option to extend an additional
30 days. Motion by Shaw to table. Seconded
by Del Toro. Mr. Shaw expressed his concerns
with incomplete information within the scope of
project area of the contract and was con-
cerned that more efficient enforcement would
create a heightened number of citations. Mo-
tion failed 4-2 with Shaw and Del Toro voting
nay.
Motion by Shaw to receive and file and ap-
prove the recommendation. Seconded by Del
Toro. Council Member Shaw reiterated his
concerns. Transportation Services Manager
Renee Tyler responded to questions from the
City Council stating that with this being a pilot
project, data is still being analyzed so the
scope of project details such as placement,
timing and number of meters are being dis-
cussed. Motion carried 5-1 with Shaw voting
nay.
18. Paramount Ambulance Request: Cor-
respondence from Marvin Ney of Paramount
Ambulance requesting a change in the City's
policy to include privately-owned emergency
services the use of Opticon, the City’s Emer-
gency Traffic Signal Pre-Emption. Motion by
Resnick to receive and file the documents and
refer to the City Manager. Seconded by Shaw.
Marvin Ney of Paramount Ambulance Service,
5070 Wolff Rd, reiterated his request stating
that the matter is a public safety issue and that
use of the system should be allowed through
the Mutual Aid Agreement. Responding to
questions from the City Council, City Manager
Van Milligen stated that, if referred to him, he
and City staff will enter discussions and review
of the Mutual Aid Agreement, discuss fees and
exemptions if the private service were called
upon by the City. Motion carried 6-0. [Also see
Public Input section].
19. Mediacom Communications Company:
Correspondence from Lee Grassley, Senior
Manager of Government Relations for Media-
com Communications Company, informing the
City of programming changes on or about De-
cember 15, 2019. Upon motion the document
was received and filed.
20. Signed Contract: Hillcrest Family Ser-
vices agreement for holiday display in Murphy
Park. Upon motion the document was received
and filed.
21. Improvement Contracts / Performance,
Payment and Maintenance Bonds: Robinson
Brothers Environmental, Inc. for the Multicul-
tural Family Center Hazardous Building Mate-
rials Removal Project; Temperley Excavating,
Inc. for the Bowling and Beyond Site Founda-
tion Removal Project. Upon motion the docu-
ments were received, filed and approved.
22. Alcohol Compliance Civil Penalty for
Alcohol License Holder – Big 10 Mart: City
Manager recommending approval of the Ac-
knowledgment/Settlement Agreement for an
alcohol compliance violation for Big 10 Mart,
1875 JFK Road. Upon motion the documents
were received, filed and approved.
23. Alcohol Compliance Civil Penalty for
Alcohol License Holder – Neighbors Tap: City
Manager recommending approval of the Ac-
knowledgment/Settlement Agreement for an
alcohol compliance violation for Neighbors
Tap, 1899 Rockdale Road. Upon motion the
documents were received, filed, and approved.
24. 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. 403-19 Approv-
ing 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. 403-19
APPROVING APPLICATIONS FOR BEER,
LIQUOR, AND/OR WINE PERMITS, AS RE-
422 Regular Session November 18, 2019 Book 149
QUIRED BY CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 4 BUSINESS AND LI-
CENSE REGULATIONS, CHAPTER 2 LIQ-
UOR CONTROL, ARTICLE B LIQUOR,
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 re-
quirements 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 author-
ized and directed to cause to be issued the
noted permit types to the following applicants
pending submission of the locally required
documentation:
Renewals
Big 10 Mart Car Wash, 1875 John F. Kennedy
Rd., Class C Beer, Class B Native Wine
(Sunday)
Blu Room, 600 Central Ave., Class C Liquor
License (Sunday)
Grand Harbor Resort & Water Park, 350 Bell
St., Class B Liquor (Catering) (Outdoor)
(Sunday)
Hotel Julien Dubuque, 200 Main St., Class B
Liquor (Catering) (Outdoor) (Sunday)
Kwik Stop 16th St #300, 1215 E 16th St., Class
C Beer, Class B Native Wine (Sunday)
Kwik Stop #848, 3201 Central Ave., Class E
Liquor, Class C Beer, Class B Native Wine
(Sunday)
Skinny Maginny's, 345 Main St., Class C Liq-
uor, Class B Native Wine (Outdoor) (Sun-
day)
Target Store T-0086, 3500 Dodge St., Class E
Liquor, Class C Beer, Class B Wine (Sun-
day)
New
Beecher Liquor, 1691 Asbury Rd., Class E
Liquor, Class B Wine, Class C Beer (Sun-
day)
Special Event(s) per Special Event Application
Submittal
Brazen Open Kitchen Bar 12-4, East 10th St.
Between Jackson and Washington Streets,
including the
Caradco Bldg. courtyard, Special Class C Liq-
uor (Outdoor)
Passed, approved, and adopted this 18th
day of November 2019.
Ric W. Jones, Chairperson
Attest: Kevin S. Firnstahl, City Clerk
25. Dubuque Racing Association Deprecia-
tion and Improvement Fund Expenditure Re-
quest: City Manager recommending approval
of a request from Dubuque Racing Association
President Jesus Aviles is requesting approval
to spend from the Depreciation and Improve-
ment Fund to replace the concrete near the
main valet canopy at the Q Casino. Upon mo-
tion the documents were received, filed, and
approved.
ITEMS SET FOR PUBLIC HEARING
Motion by Shaw to receive and file the
documents, adopt the resolutions, set the pub-
lic hearings as indicated, and direct the City
Clerk to publish notice as prescribed by law.
Seconded by Resnick. Motion carried 6-0.
1. Lower Bee Branch Creek Security Net-
work Project: City Manager recommending
preliminary approval of the proposed plans,
specifications, form of contract, and construc-
tion estimate; establishing the date of the pub-
lic hearing; and authorizing the City Clerk to
advertise for bids for the Lower Bee Branch
Security Network Project. It is further recom-
mended that a public hearing be set for De-
cember 2, 2019. Upon motion the documents
were received and filed and Resolution No.
404-19 Preliminary approval of plans, specifi-
cations, form of contract, and estimated cost;
setting date of the public hearing on plans,
specifications, form of contract, and estimated
cost; and ordering the advertisement for bids
was adopted setting a public hearing for a
meeting to commence at 6:00 p.m. on Decem-
ber 2, 2019 in the Historic Federal Building.
RESOLUTION NO. 404-19
LOWER BEE BRANCH SECURITY NET-
WORK PROJECT
PRELIMINARY APPROVAL OF PLANS,
SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST; SETTING DATE
OF PUBLIC HEARING ON PLANS, SPECI-
FICATIONS, 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, specifica-
tions, form of contract and estimated cost for
the Lower Bee Branch Security Network Pro-
ject in the estimated amount of $303,265.00
are hereby preliminarily approved and ordered
filed in the office of the City Clerk for public
inspection.
Section 2. A public hearing will be held on
the 2nd day of December, 2019, at 6:00 p.m. in
the Historic Federal Building Council Cham-
bers (second floor) 350 W. 6th Street, Dubu-
que, Iowa, at which time interested persons
may appear and be heard for or against the
423 Regular Session November 18, 2019 Book 149
proposed plans and specifications, form of
contract and estimated cost of said Project,
and the City Clerk be and is hereby directed to
cause the attached notice of the time and
place of such hearing to be published in a
newspaper having general circulation in the
City of Dubuque, Iowa, which notice shall be
published not less than four days nor more
than twenty days prior to the date of such
hearing. At the hearing, any interested person
may appear and file objections to the proposed
plans, specifications, form of contract, or esti-
mated cost of the Project.
Section 3. The Lower Bee Branch Security
Network Project is hereby ordered to be adver-
tised for bids for construction. The amount of
the security to accompany each bid shall be in
an amount which shall conform to the provi-
sions of the Notice to Bidders hereby ap-
proved.
Section 4. The City Engineer is hereby di-
rected to advertise for bids for the construction
of the improvements herein provided, by pub-
lishing the attached Notice to Bidders to be
published in on a contractor plan room service
with statewide circulation and posted on the
City of Dubuque website at
www.cityofdubuque.org/bids and which notice
shall be published not less than thirteen but
not more than forty-five days before the date
for filing bids before 2:00 p.m. on the 19 th day
of December, 2019. Bids shall be opened and
read by the City Clerk at said time and will be
submitted to the City Council for final action at
6:00 p.m. on the 6th day of January 2020, in
the Historic Federal Building Council Cham-
bers (second floor), 350 West 6th Street,
Dubuque, Iowa.
Passed, adopted, and approved this 18th
day of November 2019.
Ric W. Jones, Chairperson
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. Building Code and Advisory Appeals
Board: One, 3-Year term through August 1,
2021 (Vacant At-Large term of Luchsinger).
Applicant: Russell Bickle, 933 White St.
2. Community Development Advisory
Commission: One, 3-Year term through Feb-
ruary 15, 2020 (Vacant At-Large term of Pin-
nola). Applicant: Hilary Dalton, 1629 Washing-
ton St. Ms. Dalton spoke in support of her ap-
pointment and provided a brief biography.
Appointments were made to the following
Commissions.
3. Housing Commission: One, 3-Year term
through August 17, 2022 (Vacant At-Large
term of Schwendinger). Applicants: Hilary Dal-
ton, 1629 Washington St. as additional appli-
cant; Suzanne Stroud, 234 East 14th St. While
at the podium, Ms. Dalton spoke in support of
her appointment to this commission. Upon roll-
call vote of 6-0, Ms. Stroud was appointed the
remainder of a 3-year term through August 17,
2022.
4. Long Range Planning Advisory Com-
mission: One, 3-Year term through July 1,
2022 (Vacant term of Wright). Applicant: John
Krayer, 6510 Wellington Ln. Motion by Shaw
to appoint Mr. Krayer to the remainder of a 3-
year term through July 1, 2022.
PUBLIC HEARINGS
1. Request to Rezone 900 Seippel Road:
Proof of publication on notice of public hearing
to approve a request from Joe Delaney to re-
zone property at 900 Seippel Road from AG
Agricultural Zoning District to CS Commercial
Service and Wholesale Zoning District, and the
Zoning Advisory Commission recommending
approval. Motion by Shaw 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. Assistant
Planner Wally Wernimont provided a staff re-
port. Responding to questions from Ann
McClain, 255 Bradley St., developer Joe
Delaney stated that the property would be
used for storage units as outlined in his origi-
nal 2008 plan. Motion carried 6-0.
Motion by Shaw for final consideration and
passage of Ordinance No. 49-19 Amending
Title 16 of the City of Dubuque Code of Ordi-
nances Unified Development Code by reclassi-
fying hereinafter described property from AG
Agricultural District to CS Commercial Service
and Wholesale District. Seconded by Del Toro.
Motion carried 6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 49-19
AMENDING TITLE 16 OF THE CITY OF
DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY RECLAS-
SIFYING HEREINAFTER DESCRIBED
PROPERTY FROM AG AGRICULTURAL
DISTRICT TO CS COMMERCIAL SERVICE
AND WHOLESALE DISTRICT
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The Title 16 of the City of Dubu-
que Code of Ordinances, Unified Development
Code, is hereby amended by reclassifying the
hereinafter described property from AG Agri-
424 Regular Session November 18, 2019 Book 149
cultural District to CS Commercial Service and
Wholesale District, to wit:
Lot 2 Seippel Road Commercial Park #4,
and to the centerline of the adjoining
public right-of-way, all in the city of
Dubuque, Iowa.
Section 2. The foregoing amendment has
heretofore been reviewed by the Zoning Advi-
sory Commission of the City of Dubuque, Io-
wa.
Section 3. This ordinance shall take effect
immediately upon publication, as provided by
law.
Passed, approved, and adopted this 18th
day of November 2019.
/s/Ric W. Jones, Chairperson
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 22nd day of November 2019.
/s/Kevin S. Firnstahl, City Clerk
2. Greater Downtown Urban Renewal Dis-
trict - Resolution of Adoption: Proof of publica-
tion on notice of public hearing to consider
approval of an Amended and Restated Urban
Renewal Plan for the Greater Downtown Ur-
ban Renewal District, and the City Manager
recommending approval. Motion by Resnick to
receive and file the documents and adopt
Resolution No. 405-19 Approving the Amend-
ed and Restated Urban Renewal Plan for the
Greater Downtown Urban Renewal District.
Seconded by Del Toro. Motion carried 6-0.
RESOLUTION NO. 405-19
APPROVING THE AMENDED AND RE-
STATED URBAN RENEWAL PLAN FOR
THE GREATER DOWNTOWN URBAN RE-
NEWAL DISTRICT
Whereas, by Resolution 63-19 on February
18, 2019 the City Council of the City of Dubu-
que, Iowa authorized the preparation of an
Amended and Restated Urban Renewal Plan
(the "Amended and Restated Plan") for the
Greater Downtown Urban Renewal District
(the "District"); and
Whereas, the City of Dubuque's primary
objective for the Amended and Restated Plan
is to provide opportunities which will further
economic development purposes and objec-
tives and remediate blighting conditions, and
to address these objectives, additional projects
are being added as described in the Amended
and Restated Plan; and
Whereas, a consultation process has been
undertaken with affected taxing entities in ac-
cordance with Chapter 403 of the Code of Io-
wa with no written objections or recommended
changes to the Amended and Restated Plan
received; and
Whereas, the City Council, in accordance
with Chapter 403 of the Code of Iowa, has
held a public hearing on the proposed Amend-
ed and Restated Plan.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The Amended and Restated Ur-
ban Renewal Plan for the Greater Downtown
Urban Renewal District, on file in the City
Clerk's Office and made reference to herein, is
hereby approved.
Section 2. 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 of the Dubuque County Auditor.
Passed, approved, and adopted this 18th
day of November 2019.
Ric W. Jones, Chairperson
Attest: Kevin S. Firnstahl, City Clerk
3. Merge, LLC Development Agreement:
Proof of publication on notice of public hearing
to consider approval of a Development
Agreement between Merge, LLC and the City
of Dubuque providing for the sale of City-
owned real estate in Greater Downtown Urban
Renewal District to Merge, LLC and the issu-
ance of Urban Renewal Tax Increment Reve-
nue Grant obligations. Motion by Del Toro to
receive and file the documents and adopt
Resolution No. 406-19 Approving disposal of
an interest in real property owned by the City
of Dubuque by sale through a Development
Agreement with Merge, LLC. Seconded by
Shaw. Motion carried 6-0.
Brent Dahlstrom of Merge Urban Devel-
opment Group, 604 Clay Street, Cedar Rapids;
David Lyons, Sustainable Innovation Consult-
ant, and Kristin Dietzel, Vice President of
Workforce Solutions for the Greater Dubuque
Development Corporation, 900 Jackson Street;
and Wally Wernimont, Assistant Planner for
the City of Dubuque, provided verbal and slide
presentations of the project. Topics included a
description of Opportunity Zones, design re-
view requirements, overlay with Port of Dubu-
que Master Plan and Imagine Dubuque Com-
prehensive Plan, the history and need for rent-
al units, and the relationship to workforce re-
cruitment and retention. The presenters, City
Manager Van Milligen, and David Lyons re-
sponded to questions during public input from
Sam Feehan, 1055 Kelly Lane; Michael Tilp,
2559 Elm Street; Nino Erba, 36 W. 4th Street;
Derek Duehr, 3395 Ventura Ct.; John
Wegmann, 1710 Jackson Street; Hilary Dalton,
1629 Washington Street; Mary Sand, 880
Goethe Street; and Brad Cavanagh, 565 Fe-
nelon Place. Topics of discussion included
average rent rates, property tax percentage
calculations; clarification on the acceptance of
Housing Choice Vouchers, assuring the use of
425 Regular Session November 18, 2019 Book 149
local labor, description of Opportunity Zones,
pet-friendly options, and smart/green design
features.
RESOLUTION NO. 406-19
APPROVING DISPOSAL OF AN INTEREST
IN REAL PROPERTY OWNED BY THE CITY
OF DUBUQUE BY SALE THROUGH A DE-
VELOPMENT AGREEMENT WITH MERGE,
LLC
Whereas, the City Council of Dubuque, Io-
wa, did on March 18, 2019 adopt an Amended
and Restated Urban Renewal Plan for the
Greater Downtown Urban Renewal District
(“the Plan”) for the Urban Renewal Area de-
scribed therein; and
Whereas, the City of Dubuque, Iowa, is in-
terested in stimulating reinvestment in the
Greater Downtown Urban Renewal District;
and
Whereas, the Plan provides, among other
things, for the disposition of properties for pri-
vate development purposes; and
Whereas, Merge, LLC has submitted to the
City a proposal in the form of an offer to pur-
chase (the “Development Agreement”) for the
purchase of certain City-owned real property
hereinafter described (“the Property”), which
Development Agreement proposes Merge,
LLC will undertake the construction of a build-
ing located at the corner of Ice Harbor Drive
and East 5th Street as described therein,
which Property is the real estate consisting of
approximately 1.22 acres shown on Exhibit A,
and which Development Agreement requests
that this Property be made available for sale
as rapidly as possible; and
Whereas, Iowa Code Chapter 403 author-
izes cities to dispose of property in furtherance
of an urban renewal project and to take other
actions as may be necessary to carry out the
purposes of said Chapter, and the Plan simi-
larly authorizes the City to dispose of property;
and
Whereas, in compliance with Iowa Code
Section 403.8, and to the extent required by
law, Iowa Code Section 364.7, the City Council
has set forth its proposal to dispose of its in-
terests in the Property and the City Clerk pub-
lished a notice on October 10, 2019 as re-
quired by law soliciting competitive proposals
for the Property; and
Whereas, as of 10:00 a.m. on November
12, 2019, the City Clerk received no competi-
tive proposals for the Property; and
Whereas, the City Council believes it is in
the best interest of the City of Dubuque to ap-
prove the Development Agreement proposed
by Merge, LLC and the sale of the Property as
provided in the Development Agreement.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Council finds that the trans-
fer of the Property will promote the purposes of
the urban renewal law, Iowa Code Ch. 403 in
the City and, together with the other considera-
tion provided for in the Agreement, that these
benefits constitute fair value for the City’s dis-
posal of interests in the Property under Iowa
Code Section 403.8.
Section 2. The Development Agreement
between the City and Merge, LLC including the
sale of the Property as provided therein, is
hereby approved.
Section 3. The Mayor is authorized and di-
rected to execute said Development Agree-
ment on behalf of the City of Dubuque.
Passed, approved, and adopted this 18th
day of November 2019.
Ric W. Jones, Chairperson
Attest: Kevin S. Firnstahl, City Clerk
4. Establishment of the Dubuque Urban
Revitalization District: Proof of publication on
notice of public hearing to consider approval of
the Dubuque Urban Revitalization Plan, and
the City Manager recommending approval.
Motion by Resnick to receive and file the doc-
uments, adopt the Resolution 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 6-0. Resolution No.
407-19 Rescinding resolutions creating certain
Urban Revitalization Plans and adopting a new
Dubuque Urban Revitalization Plan was
adopted.
Assistant Planner Wally Wernimont provid-
ed a verbal presentation describing the history,
purpose, and eligibility of Urban Revitalization
Districts in Dubuque and how they relate to
property improvement opportunities for proper-
ty owners.
Mr. Wernimont and City Assessor Troy
Patzner responded to questions from the City
Council and during public input from Charles
Beinborn, 2615 Hillcrest Road; Kathy Brimey-
er, 2226 Jackson Street; Mary Sand 880 Goe-
the Street; David Hockenberry, 1015 W. 3rd
Street; and John Wegmann, 1710 Jackson
Street. Topics of discussion included the dif-
ference in tax abatement between residential
and commercial properties; timely increases to
income qualification; improvement project
qualifications; construction requirements;
completion timelines; other grant/funding op-
portunities; building permit process; the differ-
ence between urban revitalization, TIF and
urban renewal districts; and the tax abatement
and re-assessment process.
Motion by Resnick for final consideration
and passage of Ordinance No. 50-19 Amend-
ing Ordinance No. 6-19 which amended City of
Dubuque Code of Ordinances title 3, Revenue
426 Regular Session November 18, 2019 Book 149
and Taxation, Chapter 2 Revitalization Areas
by adopting a new Section 3-2-14 Establishing
the Alta Vista Urban Revitalization Area and
establishing requirements for qualifying prop-
erty owners; Ordinance No. 51-19 Repealing
Ordinance No. 12-2006 which established the
Garfield Place II Urban Revitalization Plan;
and Ordinance No. 52-19 Amending the City of
Dubuque Code of Ordinances Title 3, Revenue
and Taxation, Chapter 2 Revitalization Areas,
by Repealing Sections 3-2-2 through and in-
cluding 3-2-9 and Section 3-2-12 and adopting
a new Section 3-2-2 Establishing the Dubuque
Revitalization Area and requirements for quali-
fying property owners. Seconded by Shaw.
Motion carried 6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 50-19
AMENDING ORDINANCE NO. 6-19 WHICH
AMENDED CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 3, REVENUE AND
TAXATION, CHAPTER 2 REVITALIZATION
AREAS BY ADOPTING A NEW SECTION 3-
2-14 ESTABLISHING THE ALTA VISTA UR-
BAN REVITALIZATION AREA AND ESTAB-
LISHING REQUIREMENTS FOR QUALIFY-
ING PROPERTY OWNERS
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Whereas, Ordinance No. 6-19 amended
City of Dubuque Code of Ordinances Title 3,
Chapter 2 by adopting Section 3-2-14 which
designated Church of the Nativity Pl in the
County of Dubuque, IA City of Dubuque, City
of Dubuque, Iowa, according to the recorded
plat thereof, as an Urban Revitalization Area;
and
Whereas, Ordinance No. 6-19 incorrectly
referred to Nativity Road Urban Revitalization
Area and the Nativity Road Urban Revitaliza-
tion Plan; and
Whereas, Ordinance No. 6-19 should have
referred to the Alta Vista Urban Revitalization
Area and the Alta Vista Urban Revitalization
Plan; and
Whereas, the City Council now desires to
correct Ordinance No. 6-19 as set forth herein.
NOW, THEREFORE, ORDINANCE NO. 6-19
IS AMENDED TO READ AS FOLLOWS:
ORDINANCE NO. 6-19
AMENDING CITY OF DUBUQUE
CODE OF ORDINANCES TITLE 3,
REVENUE AND TAXATION, CHAP-
TER 2 REVITALIZATION AREAS, BY
ADOPTING A NEW SECTION 3-2-14
ESTABLISHING THE ALTA VISTA
URBAN REVITALIZATION AREA
AND ESTABLISHING REQUIRE-
MENTS FOR QUALIFYING PROPER-
TY OWNERS
Section 1. City of Dubuque Code of
Ordinances Title 3, Chapter 2 is hereby
amended by adding the following:
3-2-14: Alta Vista
The area hereinafter described is
hereby designated as the Alta Vista
Urban Revitalization Area in accord-
ance with the Code of Iowa:
Church of the Nativity Pl in the
County of Dubuque, IA City of Dubu-
que, City of Dubuque, Iowa, according
to the recorded plat thereof.
Section 2. The Alta Vista Urban
Revitalization Plan is hereby adopted
and approved and the properties within
said described area shall be subject to
the provisions of said plan.
Section 3. The Alta Vista Urban
Revitalization Plan shall hereafter be
on file in the City Clerk’s Office, City
Hall, Dubuque, Iowa.
Section 4. That the City Clerk is
hereby authorized and directed to pub-
lish this Ordinance on or after January
7, 2019 provided that the City Clerk
prior to that date has received no valid
petition requesting a second public
hearing, and in the event such petition
has been received, then this Ordinance
shall be null and void.
Passed, approved, and adopted
this 7th day of January 2019.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Passed, approved, and adopted
this 18th day of November 2019.
/s/Ric W. Jones, Chairperson
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald on
the 22nd day of November 2019.
/s/Kevin S. Firnstahl, City Clerk.
RESOLUTION NO. 407-19
RESCINDING RESOLUTIONS CREATING
CERTAIN URBAN REVITALIZATION PLANS
AND ADOPTING A NEW DUBUQUE URBAN
REVITALIZATION PLAN
Whereas, the City Council of the City of
Dubuque has adopted certain resolutions set
out below creating the urban revitalization
plans set out below; and
Whereas, the City Council has determined
that it is in the best interests of the City of
Dubuque to rescind those plans and adopt a
new Dubuque Urban Revitalization Plan.
NOW, THEREFORE BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE AS FOLLOWS:
Section 1. The following resolutions are
hereby rescinded:
Resolution No. - Urban Revitalization Area
302-80 & 303-80 - Jackson Park Urban Revi-
talization Plan
427 Regular Session November 18, 2019 Book 149
371-80 - West Eleventh Street Urban Revitali-
zation Plan
607-06, 608-06, & 132-08 - Washington
Neighborhood Urban Revitalization Plan
304-95 - Upper Main Urban Revitalization Plan
482-97 & 48-01 - Stout Place Urban Revitali-
zation Plan
521-02 - Langworthy Urban Revitalization Plan
521-02 - Old Main Urban Revitalization Plan
521-02 - Cathedral Urban Revitalization Plan
158-16 - Paragon Square Urban Revitalization
Plan
390-00, 205-02, 548-05, & 16-04 - Garfield
Place Urban Revitalization Plan
20-06 - Mannasseh House Urban Revitaliza-
tion Plan
133-08 - Salvia House Urban Revitalization
Plan
Section 2. The Dubuque Urban Revitaliza-
tion Plan is hereby adopted.
Section 3. This resolution shall take effect
upon the publication of Ordinance No. 52-19.
Passed, approved, and adopted this 18th
day of November 2019.
Ric W. Jones, Chairperson
Attest: Kevin S. Firnstahl, City Clerk
OFFICIAL PUBLICATION
ORDINANCE NO. 51-19
REPEALING ORDINANCE NO. 12-2006
WHICH ESTABLISHED THE GARFIELD
PLACE II URBAN REVITALIZATION PLAN
Whereas, Ordinance No. 12-2006 estab-
lished the Garfield Place II Urban Revitaliza-
tion Area Plan (Garfield Place Urban Revitali-
zation Area Plan Amended and Restated De-
cember 2005); and
Whereas, the City Council has determined
that a new Dubuque Urban Revitalization Plan
will be adopted to replace the Garfield Place II
Urban Revitalization Area Plan.
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. Ordinance No. 12-2006 is here-
by repealed.
Section 2 This ordinance shall take effect
upon the publication of Ordinance No. 52-19.
Passed, approved, and adopted this 18th
day of November 2019.
/s/Ric W. Jones, Chairperson
Attest: /s/Kevin S. Firnstahl, City Clerk
Published official in the Telegraph Herald
newspaper on the 20th day of December 2019.
/s/Kevin S. Firnstahl, City Clerk
OFFICIAL PUBLICATION
ORDINANCE NO. 52-19
AMENDING THE CITY OF DUBUQUE CODE
OF ORDINANCES TITLE 3, REVENUE AND
TAXATION, CHAPTER 2 REVITALIZATION
AREAS, BY REPEALING SECTIONS 3-2-2
THROUGH AND INCLUDING 3-2-9 AND
SECTION 3-2-12 AND ADOPTING A NEW
SECTION 3-2-2 ESTABLISHING THE
DUBUQUE REVITALIZATION AREA AND
REQUIREMENTS FOR QUALIFYING PROP-
ERTY OWNERS
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque Code
of Ordinances Title 3, Chapter 2, is hereby
amended by repealing Sections 3-2-2 through
3-2-9 and Section 3-2-12 and the following
ordinances:
Urban Revitalization Area - Ordinance
Jackson Park - 74-80
West Eleventh Street - 15-81
Washington Street - 04-07, 34-08
Upper Main - 69-95
Stout Place - 12-98, 13-01
Langworthy - 87-02
Old Main - 87-02
Cathedral - 87-02
Paragon Square - 11-16
Garfield Place - 82-00, 38-02, 07-04
Garfield Place II - 12-06
Mannasseh House - 13-06
Salvia House - 35-18
Section 2. That the City of Dubuque Code
of Ordinances Title 3, Chapter 2 is hereby
amended by adding the following new Sec. 3-
2-2:
3-2-2: Dubuque Urban Revitalization Area
The area hereinafter described is hereby
designated as the Dubuque Urban Revitaliza-
tion Area in accordance with the code of Iowa:
Beginning at its point of origin at the
southwest corner of Central Avenue and
Kaufmann Avenue, then proceeding
westerly along Kaufmann Avenue to its
intersection with Kane Street, then pro-
ceeding northwesterly along Kane Street
to its intersection with Primrose Street,
then proceeding northerly along Primrose
Street to its intersection with Burlington
Avenue, then proceeding northwesterly
along Burlington Avenue to its intersec-
tion with National Street, then proceeding
northeasterly along National Street to its
intersection with Davenport Street, then
proceeding northwesterly along Daven-
port Street to its intersection with Stoltz
Street, then proceeding northeasterly
along Stoltz Street to its intersection with
Lemon Street, then proceeding north-
westerly along Lemon Street to its inter-
section with 32nd Street, then proceeding
northeasterly along 32nd Street to its in-
tersection with Central Avenue/Highway
52, then proceeding northwesterly along
Central Avenue/Highway 52 to its inter-
section with Aquin Street, then proceed-
ing northeasterly along Aquin Street to its
intersection with Jackson Street, then
428 Regular Session November 18, 2019 Book 149
proceeding southeasterly along Jackson
Street to its intersection with West 32nd
Street, then proceeding northeasterly
along West 32nd Street until it becomes
Peru Road, then proceeding northeaster-
ly along Peru Road to its intersection with
Sheridan Road, then proceeding easterly
then southerly along Sheridan Road to its
intersection with Davis Street, then pro-
ceeding easterly along Davis Street to its
intersection with Windsor Avenue, then
proceeding southerly along Windsor Av-
enue to its intersection with Hennepin
Street, then proceeding easterly along
Hennepin Street to its intersection with
Stafford Street, then proceeding souther-
ly along Stafford Street to its intersection
with Pleasant Street, then proceeding
easterly along Pleasant Street to its in-
tersection with Viola Street, then pro-
ceeding northerly along Viola Street to its
intersection with Eagle Street, then pro-
ceeding easterly then southeasterly
along Eagle Street to its intersection with
Thomas Place, then proceeding north-
easterly along Thomas Place to its inter-
section with Ascension Street, then pro-
ceeding southeasterly along Ascension
Street to its intersection with Prescott
Street, then proceeding northeasterly
along Prescott Street to its intersection
with Roosevelt Street, then proceeding
southeasterly along Roosevelt Street to
its intersection with Lincoln Avenue, then
proceeding northeasterly then easterly
along Lincoln Avenue to its intersection
with the Iowa Chicago and Eastern Rail-
road right of way, then proceeding
southwesterly along the Iowa Chicago
and Eastern Railroad right of way to its
intersection with the north property line of
the residential property at 2387 Garfield
Avenue, then proceeding southeasterly
along the north property line of the resi-
dential property at 2387 Garfield Avenue
to its intersection with Garfield Avenue,
then proceeding northeasterly along Gar-
field Avenue to its intersection with Haw-
thorne Street, then proceeding south-
easterly along Hawthorne Street to its in-
tersection with the alley between Garfield
Avenue and Kerper Boulevard, then pro-
ceeding southwesterly along the alley be-
tween Garfield Avenue and Kerper
Boulevard to its intersection with the
north property line of the residential
property at 2675 Kerper Boulevard, then
proceeding southeasterly along the north
property line of the residential property at
2675 Kerper Boulevard to its intersection
with Kerper Boulevard, then proceeding
southwesterly along Kerper Boulevard to
its intersection with the south property
line of the residential property at 2605
Kerper Boulevard, then proceeding
northwesterly along the south property
lines of the residential properties at 2605
Kerper Boulevard, 2310 Garfield Avenue
and 2336 Garfield Avenue to the inter-
section of the Iowa Chicago and Eastern
Railroad right-of-way, then proceeding
southwesterly along the Iowa Chicago
and Eastern Railroad right-of-way to its
intersection with East 17th Street, then
proceeding westerly along East 17th
Street to its intersection with Elm Street,
then proceeding southerly along Elm
Street to its intersection with East 14th
Street, then proceeding easterly along
East 14th Street to its intersection with the
alley between Elm Street and Pine
Street, then proceeding southerly along
the alley between Elm Street and Pine
Street to its intersection with East 12th
Street, then proceeding westerly along
East 12th Street to its intersection with the
Elm Street Connector, then proceeding
southerly along the Elm Street Connector
to its intersection with East 11th Street,
then proceeding westerly along East 11th
Street to its intersection with White
Street, then proceeding southerly along
White Street to its intersection with the
U.S. Highway 151/61 right-of-way, then
proceeding southerly along the U.S.
Highway 151/61 right-of-way to its inter-
section with West 1st Street, then pro-
ceeding westerly along West 1st Street to
its intersection with Locust Street, then
proceeding southerly along Locust Street
to its intersection with Dodge Street, then
proceeding westerly along Dodge Street
to its intersection with Grandview Ave-
nue, then proceeding northerly along
Grandview Avenue to its intersection with
University Avenue, then proceeding
easterly along University Avenue to its in-
tersection with Walnut Street, then pro-
ceeding northerly along Walnut Street to
its intersection with Loras Boulevard,
then proceeding westerly along Loras
Boulevard to its intersection with Wood
Street, then proceeding northerly along
Wood Street to its intersection with
Rosedale Avenue, then proceeding
northeasterly along Rosedale Avenue to
its intersection with West Locust Street,
then proceeding easterly along West Lo-
cust Street to its intersection with Foye
Street, then proceeding northerly along
Foye Street to its intersection with Mer-
chants Lane, then proceeding westerly
along Merchants Lane to its intersection
with Gold Street, then proceeding nor-
therly along Gold Street to its intersection
429 Special Session December 2, 2019 Book 149
with Clarke Drive, then proceeding east-
erly then southerly along Clarke Drive to
its intersection with Heeb Street, then
proceeding southerly along Heeb Street
to its intersection with West 17th Street,
then proceeding easterly along West 17th
Street to its intersection with Central Av-
enue, then proceeding northerly along
Central Avenue to its point of origin at the
southwest corner of Central Avenue and
Kaufmann Avenue.
Section 3. That the City of Dubuque Code
of Ordinances Title 3, Chapter 2, Sections 3-2-
10, 3-2-11, and 3-2-13 through 3-2-15 shall be
renumbered as 3-2-3 through 3-2-7.
Section 4. That the City Clerk is hereby au-
thorized and directed to publish this Ordinance
on or after December 20, 2019, provided that
the City Clerk prior to that date has received
no valid petition requesting a second public
hearing.
Passed, approved, and adopted this 18th
day of November 2019
/s/Ric W. Jones, Chairperson
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 20th day of December 2019.
/s/Kevin S. Firnstahl, City Clerk
PUBLIC INPUT
Molly Dietzel, 2651 Broadway, spoke in
opposition to giving Paramount Ambulance
Service permission to use the City’s Option
Emergency Traffic Signal Pre-Emption citing
her personal experiences and negative issues
in other jurisdictions. Ms. Dietzel added that
the City Council should provide oversight on
how the technology is used and deny the re-
quest and the authority [for Paramount] to use
lights and sirens at all.
ACTION ITEMS
1. Request Work Session on Imagine
Dubuque Implementation Update: City Man-
ager recommending the City Council schedule
a Work Session for Tuesday, February 4,
2020, at 5:30 p.m. in the Council Chambers,
regarding a recommended Collective Impact
framework for implementation of Imagine
Dubuque 2037: A Call to Action, the City’s
2017 Comprehensive Plan. Motion by Resnick
to receive and file the documents and set the
work session as recommended pending
schedule conflicts. None were noted. Second-
ed by Shaw. At the request of Council Member
Del Toro, Council Member-Elect Laura Rous-
sell acknowledged her availability from the
gallery. Motion carried 6-0.
There being no further business, Chairper-
son Jones declared the meeting adjourned.
/s/Kevin S. Firnstahl, CMC, City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special
session at 5:30 p.m. on December 2, 2019 in
the second-floor Council Chambers of the His-
toric Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members
Jones, Resnick, Shaw, Sprank; City Manager
Van Milligen, City Attorney Brumwell
Absent: Council Members Del Toro and
Rios
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
the Project H.O.P.E. Quarterly Report.
WORK SESSION
Project H.O.P.E Quarterly Update
Peter Supple, Dubuque Community Foun-
dation of Greater Dubuque Economic Oppor-
tunity Coordinator, presented the Project
H.O.P.E. 4th Quarter Report. Mr. Supple high-
lighted funding opportunities for brain health
and ongoing partnerships. Laura Klavitter,
Heidi Zull, and Hilary Dalton presented on
neighborhood initiatives; neighborhood gar-
dens with homemade water collection sys-
tems, hog roast potluck, trash cleanup and
impacts. Donna Loewen, Local College Ac-
cess Network (LCAN) Coordinator, outlined
the LCAN program. Presenters responded to
questions from the Council.
There being no further business, Council
Member Resnick moved to adjourn at 6:00
p.m. Seconded by Jones. Motion carried 5-0.
/s/Trish L. Gleason, MMC, Assistant City Clerk
430 Regular Session December 2, 2019 Book 149
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular
session at 6:00 p.m. on December 2, 2019 in
the second-floor Council Chambers of the His-
toric Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members
Jones, Resnick, Shaw; Sprank, City Manager
Van Milligen, City Attorney Brumwell
Absent: Council Members Del Toro and
Rios
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. Northeast Iowa Community College
Alumni Hall of Fame Induction of Rick Steines:
Dr. Liang Chee Wee Northeast Iowa Commu-
nity College President inducted Fire Chief Rick
Steines into the 2019 Northeast Iowa Commu-
nity College Alumni Hall of Fame. Chief Stei-
nes thanked Dr. Wee, City Manager Van Milli-
gen, and Dubuque Fire Department and
Emergency Response staff.
CONSENT ITEMS
Motion by Resnick to receive and file the
documents, adopt the resolutions, and dispose
of as indicated. Seconded by Jones. Council
Member Shaw requested #10 Dubuque Coun-
ty Supervisors Resolution Supporting Transfer
of Roosevelt Park be held for separate discus-
sion. Motion carried 5-0.
1. Minutes and Reports Submitted: City
Council Proceedings of 11/18; Civil Service of
11/19; Community Development Advisory
Commission of 11/20. Upon motion the docu-
ments were received and filed
2. Notice of Claims and Suits; Michael
Lenstra for vehicle damage and Ethel Schnei-
der for property damage. Upon motion the
documents were received, filed, and Refer to
City Attorney.
3. Disposition of Claims: City Attorney ad-
vising that the following claims have been re-
ferred to Public Entity Risk Services of Iowa,
the agent for the Iowa Communities Assurance
Pool: Nancy Fett for vehicle damage; Michael
Lenstra for vehicle damage; Ethel Schneider
for property damage. Upon motion the docu-
ments 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. 408-19 Authorizing the Finance
Director-City Treasurer to make certain pay-
ments of bills that must be paid and approved
for payment in accordance with City proce-
dures was adopted.
RESOLUTION NO. 408-19
AUTHORIZING THE DIRECTOR OF FI-
NANCE 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 req-
uisitioned for a lawful municipal purpose; and
Whereas, the Finance Director-City Treas-
urer 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 pay-
ment 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 requested
by designated requisitioning authorities in ac-
cordance with approved budget appropria-
tions.
Section 2. In accordance with Iowa Code
Section 372.13(6), the City Clerk and Finance
Director are hereby authorized and directed to
431 Regular Session December 2, 2019 Book 149
provide the statement of receipts and dis-
bursements to the City Council, and to publish
a summary thereof.
Passed, approved, and adopted this 2nd
day of December 2019.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
5. Mediacom Communications Company:
Correspondence from Lee Grassley, Senior
Manager of Government Relations for Media-
com Communications Company, informing the
City of rate adjustments being implemented on
or about December 22, 2019. Upon motion the
document was received and filed.
6. 4th Annual Arts & Business Luncheon
Program: Arts and Cultural Affairs Commission
transmitting 4th Annual Arts and Business
Luncheon Program. Upon motion the docu-
ment was received and filed.
7. 84 Main, LLC Downtown Rehabilitation
Grant: City Manager recommending approval
of a Grant Agreement between the City of
Dubuque and 84 Main Street, LLC. to redevel-
op property at 84 Main Street. Upon motion
the documents were received and filed, and
Resolution No. 409-19 Approving a Grant
Agreement by and between the City of Dubu-
que, Iowa and 84 Main, LLC for the redevel-
opment of 84 Main Street was adopted.
RESOLUTION NO. 409-19
APPROVING A GRANT AGREEMENT BY
AND BETWEEN THE CITY OF DUBUQUE,
IOWA AND 84 MAIN, LLC FOR THE REDE-
VELOPMENT OF 84 MAIN STREET
Whereas, 84 Main, LLC has applied to the
Economic Development Department for a
Housing Creation Grant (the Grant) for the
redevelopment of 84 Main Street in the City of
Dubuque, Iowa (the Project); and
Whereas, the Project is eligible for the
Grant; and
Whereas, it is the determination of the City
Council that approval of the Grant Agreement,
for redevelopment of the Property by 84 Main,
LLC according to the terms and conditions set
out in the Grant 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 Grant Agreement by and
between the City of Dubuque and CSB Con-
sulting Company, a copy of which is attached
hereto, is hereby approved.
Section 2. The Mayor is hereby authorized
and directed to execute the Grant 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 com-
ply with the terms of the Grant Agreement as
herein approved.
Passed, approved, and adopted this 2nd
day of December 2019.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
8. AmeriCorps Partners in Learning Sup-
plemental Grant Fiscal Year 2019: City Man-
ager recommending approval of the amended
agreement for AmeriCorps Partners in Learn-
ing: Healthy Futures for Program Year 2019-
2020. Upon motion the documents were re-
ceived, filed, and approved.
9. Loras College Students Climate Action
Request: Correspondence from Loras Envi-
ronmental Action Forum and Sunrise Dubuque
Hub requesting City Council budget prioritiza-
tion of projects and proposals that further
goals set by the Climate Action Plan Commit-
tee. Upon motion the document was received
and filed.
10. Dubuque County Supervisors Resolu-
tion Supporting Transfer of Roosevelt Park:
Correspondence from the Dubuque County
Supervisors Resolution supporting the transfer
of Roosevelt Park to the Dubuque County
Conservation Board for inclusion in the Coun-
ty's Long-Range Comprehensive Plan. Motion
by Shaw to receive and file the document.
Council Member Shaw expressed his support
for the request. Responding to questions from
Council Member Shaw, City Manager Van
Milligen stated that the direction and expecta-
tion is to wait until the Southwest Arterial is
finished and then to prioritize the existing mas-
ter plan for development of the park at a future
City Council goal setting session. Seconded by
Resnick. Motion carried 5-0.
11. Cottingham & Butler - Iowa Economic
Development Authority Application: City Man-
ager recommending approval of the Economic
Development Assistance Application on behalf
of Cottingham & Butler Insurance Services,
Inc. and Roshek Property, LLC for the pro-
posed investment for the expansion of its op-
erations in Dubuque. Upon motion the docu-
ments were received and filed and Resolution
No. 410-19 Authorizing the filing of an applica-
tion with the Iowa Economic Development
Authority for Business Financial Assistance on
behalf of Cottingham & Butler Insurance Ser-
vices, Inc. and Roshek Property, LLC was
adopted.
432 Regular Session December 2, 2019 Book 149
RESOLUTION NO. 410-19
AUTHORIZING THE FILING OF AN APPLI-
CATION WITH THE IOWA ECONOMIC DE-
VELOPMENT AUTHORITY FOR BUSINESS
FINANCIAL ASSISTANCE ON BEHALF OF
COTTINGHAM & BUTLER INSURANCE
SERVICES, INC. AND ROSHEK PROPERTY,
LLC
Whereas, Cottingham & Butler Insurance
Services, Inc. operates an insurance broker-
age at 800 Main Street in the City of Dubuque,
Iowa which employs 706 full-time employees;
and
Whereas, Roshek Property, LLC is an Iowa
limited liability company formed by Cottingham
& Butler Insurance Services, Inc. and Heart-
land Financial USA, Inc. for the purpose of
acquiring and operating the Roshek Building at
700 Locust Street in Dubuque, Iowa; and
Whereas, Cottingham & Butler Insurance
Services, Inc. and Roshek Property, LLC have
proposed making a Seven Million Five Hun-
dred Thousand Dollar ($7,500,000.00) invest-
ment in the acquisition and redevelopment of
the Roshek Building; and
Whereas, financial assistance from the Io-
wa Economic Development Authority is de-
signed to assist in the economic development
efforts of local jurisdictions; and
Whereas, the City Council of the City of
Dubuque, Iowa has considered the proposal
and determined that the proposed project will
contribute to the local economy through the
creation of sixteen (16) full-time jobs in the
City; and
Whereas, the City of Dubuque, Iowa is eli-
gible to apply for funding from the Iowa Eco-
nomic Development Authority Business Finan-
cial Assistance Program on behalf of Cotting-
ham & Butler Insurance Services, Inc. and
Roshek Property, LLC.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The filing of an Application for
participation in the Iowa Economic Develop-
ment Authority’s Business Financial Assis-
tance Program on behalf of Cottingham & But-
ler Insurance Services, Inc. and Roshek Prop-
erty, 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 Application to the Iowa
Economic Development Authority together with
such other documents as may be required.
Passed, approved, and adopted this 2nd
day of December 2019.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
12. Heartland Financial - Iowa Economic
Development Authority Application: City Man-
ager recommending approval of the Economic
Development Assistance Application on behalf
of Heartland Financial USA, Inc., Dubuque
Bank and Trust Company, and Roshek Prop-
erty, LLC for the proposed investment for the
expansion of their operations in Dubuque. Up-
on motion the documents were received and
filed and Resolution No. 411-19 Authorizing
the Filing of an Application for State Business
Financial Assistance on Behalf of Heartland
Financial USA, Inc, Dubuque Bank and Trust
Company, and Roshek Property, LLC was
adopted.
RESOLUTION NO. 411-19
AUTHORIZING THE FILING OF AN APPLI-
CATION FOR STATE BUSINESS FINAN-
CIAL ASSISTANCE ON BEHALF OF
HEARTLAND FINANCIAL USA, INC, DUBU-
QUE BANK AND TRUST COMPANY, AND
ROSHEK PROPERTY, LLC
Whereas, Heartland Financial USA, Inc.
operates a financial services company at 1301
Central Avenue in the City of Dubuque, Iowa,
which employs 438 full-time employees; and
Whereas, Dubuque Bank and Trust Com-
pany is an Iowa bank and a subsidiary of
Heartland Financial USA, Inc.; and
Whereas, Roshek Property, LLC is an Iowa
limited liability company formed by Cottingham
& Butler Insurance Services, Inc. and Heart-
land Financial USA, Inc. for the purpose of
acquiring and operating the Roshek Building at
700 Locust Street in Dubuque, Iowa; and
Whereas, Heartland Financial USA, Inc.,
Dubuque Bank and Trust Company, and
Roshek Property, LLC have proposed making
a Nine Million Dollar ($9,000,000.00) invest-
ment in the acquisition and redevelopment of
the Roshek Building; and
Whereas, financial assistance from the Io-
wa Economic Development Authority is de-
signed to assist in the economic development
efforts of local jurisdictions; 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 through
the creation of sixteen (16) full-time jobs in the
City which qualify for the Iowa Economic De-
velopment Authority Business Financial Assis-
tance Program; and
Whereas, the Iowa Economic Development
Authority has requested execution of an Eco-
nomic Development Assistance Contract in
order to finalize incentives and document as-
sociated terms for the expansion of the opera-
tions of Heartland Financial USA, Inc., Dubu-
que Bank and Trust Company, and Roshek
Property, LLC at 700 Locust Street in the City.
433 Regular Session December 2, 2019 Book 149
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The filing of an Application for
participation in the Iowa Economic Develop-
ment Authority’s Financial Assistance Program
on behalf of Heartland Financial USA, Inc.,
Dubuque Bank and Trust Company, and
Roshek Property, LLC, a copy of which is at-
tached hereto, 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 2nd
day of December 2019.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
13. Fiscal Year 2019 Urban Renewal Re-
port: City Manager recommending approval of
the Fiscal Year 2019 Iowa Urban Renewal
Report for the City of Dubuque. Upon motion
the documents were received and filed, and
Resolution No. 412-19 Approving the Fiscal
Year 2019 Urban Renewal Report for The City
of Dubuque was adopted.
RESOLUTION NO. 412-19
APPROVING THE FISCAL YEAR 2019 UR-
BAN RENEWAL REPORT FOR THE CITY
OF DUBUQUE
Whereas, the Iowa Legislature approved
HF 2460 in the 2012 Legislative Session,
amending the current law pertaining to urban
renewal districts; and
Whereas, HF 2460, otherwise known as
the Urban Renewal Reporting Act of 2012,
aims to increase transparency in the utilization
of tax increment financing; and
Whereas, HF 2460 requires an annual ur-
ban renewal report be approved by the majori-
ty of a local governing body that had an active
urban renewal plan anytime during the most
recently ended fiscal year; and
Whereas, City staff have fulfilled the re-
quirements outlined in the Act through a web -
based reporting tool hosted by the Iowa De-
partment of Management.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The Fiscal Year 2019 Urban
Renewal Report for the City of Dubuque, be
approved.
Section 2. The Director of Finance and
Budget of the City of Dubuque, Iowa is hereby
authorized and directed to submit the Report,
with a record of this approval, to the Iowa De-
partment of Management.
Passed, approved, and adopted this 2nd
day of December 2019.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
14. Fiscal Year 2019 State of Iowa Annual
Financial Report: City Manager recommending
approval to file the Fiscal Year 2019 State of
Iowa Annual Financial Report with the State of
Iowa Auditor. Upon motion the documents
were received, filed, and approved.
15. Fiscal Year 2021 County Tax Incre-
ment Finance Report: Director of Finance and
Budget Jennifer Larson transmitting the Annu-
al Tax Increment Financing Report that has
been filed with Dubuque County Auditor Den-
ise Dolan. Upon motion the documents were
received and filed.
16. Park in Eagle Valley Subdivision Nam-
ing Request: City Manager recommending
approval to adopt the name of Eagle Valley
Park for the park parcel in the Eagle Valley
subdivision. Upon motion the documents were
received, filed, and approved.
17. Public Works Staff Change Request:
City Manager recommending approval to up-
grade the current part-time clerical position to
a full-time secretary position. Upon motion the
documents were received, filed, and approved.
18. Dubuque Initiatives Termination of De-
velopment Agreement: City Manager recom-
mending approval of a resolution terminating
the Development Agreement between the City
of Dubuque and Dubuque Initiatives regarding
the redevelopment of the Roshek Building at
700 Locust Street. Upon motion the docu-
ments were received and filed, and Resolution
No. 413-19 Approving the Termination of the
Development Agreement by and between the
City of Dubuque, Iowa and Dubuque Initiatives
was adopted.
RESOLUTION NO. 413-19
APPROVING THE TERMINATION OF THE
DEVELOPMENT AGREEMENT BY AND BE-
TWEEN THE CITY OF DUBUQUE, IOWA,
AND DUBUQUE INITIATIVES
Whereas, the City of Dubuque and Dubu-
que Initiatives entered into a Development
Agreement dated for reference purposes the
17th day of February 2009 (the Development
Agreement) for Initiatives property at 700 Lo-
cust Street, legally described as follows:
A parcel of land marked "Public Square"
on the United States Commissioners' Plat of
the Survey of the Town of Dubuque, Iowa
and numbered as Lots 141, 142, and 143a,
on the various wall maps of the City of
Dubuque, Iowa; and, City Lots 143, 144 and
434 Regular Session December 2, 2019 Book 149
145, in the City of Dubuque, Iowa, according
to the plat thereof in Book of Plats 34, page
353, records of Dubuque County, Iowa, also
described as follows:
Part of the United States Commis-
sioners' Government Plat of the Origi-
nal Town, now City, of Dubuque, in
Dubuque County, Iowa, described as
follows: Beginning at the southwesterly
corner of Lot 141, originally designated
as the southwesterly corner of the
"Public Square", being also the inter-
section of the east line of Locust Street
and the north line of West Seventh
Street; thence North 22 degrees 30
minutes West along the east line of Lo-
cust Street to the northwesterly corner
of Lot 145, being also the intersection
of the east line of Locust Street and the
southerly line of West Eighth Street;
thence northeasterly along the norther-
ly line of Lot 145 to the northeasterly
corner of Lot 145, being also the inter-
section of the south line of West Eighth
Street and the west line of the thirty
foot alley East of Locust Street; thence
southeasterly along the west line of
said thirty foot alley to the southeasterly
corner of Lot 141, originally designated
as the southeasterly corner of the "Pub-
lic Square", being also the intersection
of the west line of the thirty foot alley
and the north line of West Seventh
Street; thence South 67 degrees 30
minutes West to the point of beginning,
according to the Plat thereof recorded
as Instrument No. 1798-77, records of
Dubuque County, Iowa; and
Whereas, City and Initiatives now desire to
terminate the Development Agreement on the
terms and conditions set forth in the Termina-
tion of Development Agreement Between the
City of Dubuque, Iowa, and Dubuque Initia-
tives.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The Termination of Develop-
ment Agreement Between the City of Dubu-
que, Iowa and Dubuque Initiatives is hereby
approved.
Section 2. The Mayor is hereby authorized
and directed to sign the Termination of Devel-
opment Agreement on behalf of the City of
Dubuque.
Section 3. The City Manager is authorized
to take such actions as are necessary to com-
ply with the terms of the Termination of Devel-
opment Agreement as herein approved.
Passed, approved and adopted this 2nd day
of December 2019.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
19. Residential Parking Permit District "H"
Lea Lane - Parking Study Results: City Man-
ager recommending approval of City Engineer
Gus Psihoyos’ recommendation to deny the
expansion of existing Residential Parking
Permit District "H" along Lea Lane from Penn-
sylvania Avenue to Key Corners due to the
failure to meet the 70% curbside parking utili-
zation requirement. Upon motion the docu-
ments were received, filed, and approved.
20. Residential Parking Permit District “H”
Amendment Key Way Drive from Keymont
Drive to Keystone Drive – Parking Study Re-
sults: City Manager recommending approval of
City Engineer Gus Psihoyos’ recommendation
to deny the expansion of existing Residential
Parking Permit District "H" along Key Way
Drive between Keymont Drive and Keystone
Drive due to the failure to meet the 70%
curbside parking utilization requirement. Upon
motion the documents were received, filed,
and approved.
21. Residential Parking Permit District “H”
Amendment Keymont Drive between Key Way
Drive & Keymont Court – Parking Study Re-
sults: City Manager recommending approval of
City Engineer Gus Psihoyos’ recommendation
to deny the expansion of existing Residential
Parking Permit District "H" along Keymont
Drive from Key Way Drive to Keymont Court
due to the failure to meet the 70% curbside
parking utilization requirement. Upon motion
the documents were received, filed, and ap-
proved.
22. North Cascade Road Right-of-Way
Dedication Plat from Property Owner Gary
Valentine: City Manager recommending ap-
proval of the Acquisition Plat of Lot 1A of Val-
entine Place No. 3 in the City of Dubuque and
Dubuque County. Upon motion the documents
were received and filed, and Resolution No.
414-19 Approving the Acquisition Plat of Lot
1A of Valentine Place No. 3, City of Dubuque
and Dubuque County, Iowa was adopted
RESOLUTION NO. 414-19
APPROVING THE ACQUISITION PLAT OF
LOT 1A OF VALENTINE PLACE NO. 3, CITY
OF DUBUQUE AND DUBUQUE COUNTY,
IOWA
Whereas, there has been presented to the
City Council of the City of Dubuque, Iowa, an
Acquisition Plat dated February 13, 2019 pre-
pared by The City of Dubuque Engineering
Department describing Lot 1A of Valentine
Place No. 3, in the City of Dubuque and Dubu-
que County, Iowa; and
Whereas, Lot 1A of Valentine Place No. 3,
in the City of Dubuque and Dubuque County,
Iowa is designated as Project Parcel 5 on said
435 Regular Session December 2, 2019 Book 149
Acquisition Plat dated February 13, 2019 pre-
pared by The City of Dubuque Engineering
Department; and
Whereas, said plat conform to the laws and
statutes pertaining thereto; and
Whereas, upon said plat appears Lot 1A,
which Gary Valentine, by said plat has dedi-
cated to the public forever; and
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The plat dated February 13,
2019 prepared by The City of Dubuque Engi-
neering Department, relative to the real estate
hereinabove described be and the same is
hereby approved, and the Mayor and City
Clerk be and they are hereby authorized and
directed to execute said plat and on behalf of
the City of Dubuque, Iowa.
Section 2. The dedication of Lot 1A of Val-
entine Place No. 3, in the City of Dubuque and
Dubuque County, Iowa, for Right of Way pur-
poses, as it appears on said Acquisition Plat,
be and the same is hereby accepted.
Section 3. The City Clerk be and is hereby
authorized and directed to file said plat and
certified copies of this resolution in the office of
the Recorder, in and for Dubuque County,
Iowa.
Passed, approved, and adopted this 2nd
day of December 2019.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
23. Merge, LLC Development Agreement
Plat of Survey: City Manager recommending
approval of the Plat of Survey of Lot 1 and Lot
2 of Adams Company’s 5th Addition in the City
of Dubuque as part of a Development Agree-
ment between the City of Dubuque and Merge,
LLC. Upon motion the documents were re-
ceived and filed, and Resolution No. 415-19
Approving Plat of Survey of Lot 1 and Lot 2 of
Adams Company’s 5th Addition in the City of
Dubuque, Iowa was adopted.
RESOLUTION NO. 415-19
APPROVING PLAT OF SURVEY OF LOT 1
AND LOT 2 OF ADAMS COMPANY’S 5TH
ADDITION IN THE CITY OF DUBUQUE, IO-
WA
Whereas, there has been presented to the
City Council of the City of Dubuque, Iowa, a
plat dated the 15th day of November 2019,
prepared by Bolton & Menk, Inc., dividing Lot
2-1 of Adams Company’s 4th Addition, to be
hereinafter known as Lot 1 and Lot 2 of Adams
Company’s 5th Addition in the City of Dubu-
que, Iowa; and
Whereas, said plat conforms to the laws
and statutes pertaining thereto.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The plat dated the 15th day of
November 2019, prepared by Bolton & Menk,
Inc. relative to the real estate hereinabove
described be and the same is hereby ap-
proved, and the Mayor and City Clerk be and
they are hereby authorized and directed to
execute said plat for and on behalf of the City
of Dubuque, Iowa.
Section 2. The City Clerk be and is hereby
authorized and directed to file said plat and
certified copy of this resolution in the office of
the Recorder in and for Dubuque County, Io-
wa.
Passed, approved, and adopted this 2nd
day of December 2019.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
24. Acceptance of Grand River Center
Decorative Concrete Replacement Project:
City Manager recommending acceptance of
the public improvement construction contract
for the Grand River Center – Decorative Con-
crete Repair Project, as completed by D&D
Concrete, Inc. Upon motion the documents
were received and filed, and Resolution No.
416-19 Accepting the Grand River Center -
Decorative Concrete Repair Project and au-
thorizing the final payment to the contractor
was adopted.
RESOLUTION NO. 416-19
ACCEPTING THE GRAND RIVER CENTER -
DECORATIVE CONCRETE REPAIR PRO-
JECT AND AUTHORIZING THE FINAL
PAYMENT TO THE CONTRACTOR
Whereas, the public improvement contract
for the Grand River Center - Decorative Con-
crete Repair Project (the Project) has been
completed by the Contractor, D&D Concrete,
Inc. of Dubuque, IA (Contractor), and the City
Engineer has examined the work and signed a
certificate stating that the Project has been
completed according to the terms of the Public
Improvement Contract and that the City Engi-
neer recommends that the Project be accept-
ed; and
Whereas, the final contract amount for the
Project is $74,705.13; and
Whereas, the Contractor has previously
been paid $70,969.87, leaving a retainage
balance of $3,735.26; and
Whereas, the City Council finds that the
recommendation of the City Engineer should
be accepted.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
436 Regular Session December 2, 2019 Book 149
Section 1. The recommendation of the City
Engineer is approved, and the Project is here-
by accepted.
Section 2. The Finance Director is hereby
directed to pay to the Contractor from the
Grand River Center - Exterior Decorative Con-
crete CIP appropriations for the contract
amount of $74,705.13 less any retained per-
centage provided for therein as provided in
Iowa Code.
Section 3. The Finance Director is hereby
directed to pay to the Contractor the balance
of the retainage of $3,735.26 as provided in
Iowa Code chapter 573, and to pay such re-
tainage in accordance with the provisions of
Iowa Code chapter 573 or Iowa Code chapter
26.13.
Passed, approved, and adopted this 2nd
day of December 2019.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL
COMPLETION OF THE GRAND RIVER
CENTER - DECORATIVE CONCRETE RE-
PAIR PROJECT
The undersigned City Engineer of the City
of Dubuque, Iowa, hereby certifies that he has
inspected the Grand River Center - Decorative
Concrete Repair Project, and that the Project
has been completed in compliance with the
terms of the Public Improvement Contract, and
that the total cost of the completed work is
$83,704.09.
Dated this 22nd day of November 2019.
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 22nd
day of November 2019.
/s/Trish L. Gleason, Assistant City Clerk
25. Acceptance 2019 Decorative Concrete
Maintenance Project: City Manager recom-
mending acceptance of the public improve-
ment construction contract for the 2019 Deco-
rative Concrete Maintenance Project, as com-
pleted by Skyline Storage & Trucking, Inc.
Upon motion the documents were received
and filed, and Resolution No. 417-19 Accept-
ing the 2019 Decorative Concrete Mainte-
nance Project and authorizing the final pay-
ment to the contractor was adopted.
RESOLUTION NO. 417-19
ACCEPTING THE 2019 DECORATIVE CON-
CRETE MAINTENANCE PROJECT AND
AUTHORIZING THE FINAL PAYMENT TO
THE CONTRACTOR
Whereas, the public improvement contract
for the 2019 Decorative Concrete Maintenance
Project (the Project) has been completed by
the Contractor, Skyline Storage & Trucking,
Inc. of Dubuque, IA (Contractor), and the City
Engineer has examined the work and signed a
certificate stating that the Project has been
completed according to the terms of the Public
Improvement Contract and that the City Engi-
neer recommends that the Project be accept-
ed; and
Whereas, the final contract amount for the
Project is $174,087.14; and
Whereas, the Contractor has previously
been paid $165,382.79, leaving a retainage
balance of $8,704.35; and
Whereas, the City Council finds that the
recommendation of the City Engineer should
be accepted.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The recommendation of the City
Engineer is approved, and the Project is here-
by accepted.
Section 2. The Finance Director is hereby
directed to pay to the Contractor from the
Decorative Concrete Maintenance and City
Hall Maintenance CIP appropriations for the
contract amount of $174,087.14 less any re-
tained percentage provided for therein as pro-
vided in Iowa Code.
Section 3. The Finance Director is hereby
directed to pay to the Contractor the balance
of the retainage of $8,704.35 as provided in
Iowa Code chapter 573, and to pay such re-
tainage in accordance with the provisions of
Iowa Code chapter 573 or Iowa Code chapter
26.13.
Passed, approved, and adopted this 2nd
day of December 2019.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL
COMPLETION OF THE 2019 DECORATIVE
CONCRETE MAINTENANCE PROJECT
The undersigned City Engineer of the City
of Dubuque, Iowa, hereby certifies that he has
inspected the 2019 Decorative Concrete
Maintenance Project, and that the Project has
been completed in compliance with the terms
of the Public Improvement Contract, and that
the total cost of the completed work is
$197,730.34.
Dated this 22nd day of November 2019.
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the
22nd day of November 2019.
/s/Trish L. Gleason, Assistant City Clerk
26. Q Casino Parking Lot and Hilton Hotel
Front Entrance Repair Request: City Manager
recommending approval of Dubuque Racing
Association’s request for repairs to sections of
the Q Casino parking lot and the Hilton Hotel
437 Regular Session December 2, 2019 Book 149
main entrance with funding from the Deprecia-
tion and Improvement (D&I) Fund. Upon mo-
tion the documents were received, filed, and
approved.
27. 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. 418-19 Approv-
ing 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. 418-19
APPROVING APPLICATIONS FOR BEER,
LIQUOR, AND/OR WINE PERMITS, AS RE-
QUIRED BY CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 4 BUSINESS AND LI-
CENSE REGULATIONS, CHAPTER 2 LIQ-
UOR CONTROL, ARTICLE B LIQUOR,
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 re-
quirements 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 di-
rected to cause to be issued the noted permit
types to the following applicants pending sub-
mission of the locally required documentation:
Renewals
Bridge Restaurant, 31 Locust St., Class C Liq-
uor (Sunday)
Happy's Place, 2323 Rockdale Rd., Class C
Liquor (Sunday)
Inspire Cafe, 955 Washington St. Suite 105,
Class C Liquor, Class B wine (Outdoor)
(Sunday)
Next Phase Bar, 1700 Central Ave., Class C
Liquor (Sunday)
Pepper Sprout, Inc., 378 Main St., Class C
Liquor
Your Pie, 806 Wacker Dr., Special Class C
Liquor (Outdoor) (Sunday)
New
Milk House, 620 S. Grandview Ave., Special
Class C Liquor, Class B Wine (Sunday)
Passed, approved, and adopted this 2nd
day of December 2019.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
ITEMS SET FOR PUBLIC HEARING
1. Roshek Property Development Agree-
ment: City Manager recommending City Coun-
cil adopt the attached resolution approving the
1st Amendment to Development Agreement
and setting a December 16, 2019 public hear-
ing on the Development Agreement, as
amended, including providing for the issuance
of Urban Renewal Tax Increment Revenue
Grant Obligations.
Motion by Resnick to receive and file the
documents, approve the First Amendment to
the Development Agreement, adopt Resolution
No. 419-09 Approving a First Amendment to
Development Agreement by and Among the
City of Dubuque, Iowa, Roshek Property, LLC,
Cottingham & Butler, Inc. and Heartland Fi-
nancial USA, Inc. and Resolution No. 420-19
Fixing the Date for a Public Hearing of the City
Council of the City of Dubuque, Iowa on a pro-
posed Development Agreement as Amended
by and among the City of Dubuque, Iowa,
Roshek Property, LLC, Cottingham & Butler,
Inc. and Heartland Financial USA, Inc, includ-
ing the issuance of Urban Renewal Tax Incre-
ment Revenue Obligations, and providing for
the publication of notice thereof. Seconded by
Jones. Motion carried 5-0.
RESOLUTION NO. 419-19
APPROVING A FIRST AMENDMENT TO
DEVELOPMENT AGREEMENT BY AND
AMONG THE CITY OF DUBUQUE, IOWA,
ROSHEK PROPERTY, LLC, COTTINGHAM
& BUTLER, INC. AND HEARTLAND FINAN-
CIAL USA, INC.
Whereas, City, Roshek Property, LLC, Cot-
tingham & Butler, Inc., and Heartland Financial
USA, Inc. have entered into a Development
Agreement for the Roshek Building subject to
City Council approval; and
Whereas, all parties desire and have con-
sented to amend the Development Agreement
as set forth herein; and
Whereas, it is the determination of the City
Council that approval of the First Amendment
to 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 First Amendment to Devel-
opment Agreement by and among the City of
Dubuque, Roshek Property, LLC, Cottingham
& Butler, Inc., and Heartland Financial USA,
Inc., a copy of which is attached hereto, is
hereby approved.
Section 2. The Mayor is hereby authorized
and directed to execute the First Amendment
to Development Agreement on behalf of the
City of Dubuque and the City Clerk is author-
ized and directed to attest to his signature.
438 Regular Session December 2, 2019 Book 149
Section 3. The City Manager is authorized
to take such actions as are necessary to com-
ply with the terms of the First Amendment to
Development Agreement as herein approved.
Passed, approved, and adopted this 2nd
day of December, 2019.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
RESOLUTION NO. 420-19
FIXING THE DATE FOR A PUBLIC HEAR-
ING OF THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA ON A PROPOSED
DEVELOPMENT AGREEMENT BY AND
AMONG THE CITY OF DUBUQUE, IOWA,
ROSHEK PROPERTY, LLC, COTTINGHAM
& BUTLER, INC. AND HEARTLAND FINAN-
CIAL USA, INC, INCLUDING THE ISSU-
ANCE OF URBAN RENEWAL TAX INCRE-
MENT REVENUE OBLIGATIONS, AND
PROVIDING FOR THE PUBLICATION OF
NOTICE THEREOF
Whereas, City, Roshek Property, LLC, Cot-
tingham & Butler, Inc. and Heartland Financial
USA, Inc. have entered into a Development
Agreement, subject to the approval of the City
Council, for the rehabilitation of property locat-
ed at 700 Locust Street, a copy of which De-
velopment Agreement is now on file at the
Office of the City Clerk, City Hall, 50 W. 13th
Street, Dubuque, Iowa; and
Whereas, the City Council has tentatively
determined that it would be in the best inter-
ests of the City to approve the Development
Agreement with Roshek Property, LLC, Cot-
tingham & Butler, Inc. and Heartland Financial
USA, Inc.; and
Whereas, it is deemed necessary and ad-
visable that the City Council authorize Urban
Renewal Tax Increment Revenue obligations,
as provided by Chapter 403 of the Code of
Iowa, and enter into the Development Agree-
ment for the purpose of carrying out the reha-
bilitation of property located at 700 Locust
Street; and
Whereas, before said obligations may be
approved, Chapter 403 of the Code of Iowa
requires that the City Clerk publish a notice of
the proposal and of the time and place of the
meeting at which the City Council proposes to
take action thereon and at which meeting the
City Council shall receive oral and/or written
objections from any resident or property owner
of the City to such proposed action.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The City Clerk is hereby author-
ized and directed to cause a notice to be pub-
lished as prescribed by Iowa Code Section
403.9 of a public hearing on the City's intent to
approve the Development Agreement and
authorize Urban Renewal Tax Increment Rev-
enue obligations, to be held on the 16th day of
December 2019, at 6:00 o'clock p.m. in the
City Council Chambers at the Historic Federal
Building, 350 W. 6th St., Dubuque, Iowa.
Section 2. The City Council will meet at
said time and place for the purpose of taking
action on the matter of approving the Devel-
opment Agreement with Roshek Property,
LLC, Cottingham & Butler, Inc. and Heartland
Financial USA, Inc. and authorizing Urban
Renewal Tax Increment Revenue obligations,
the proceeds of which obligations will be used
to carry out certain of the special financing
activities described in the Amended and Re-
stated Urban Renewal Plan for the Greater
Downtown Urban Renewal District, consisting
of the funding of economic developments
grants to Roshek Property, LLC pursuant to
the Development Agreement. It is expected
that the aggregate amount of the Tax Incre-
ment Revenue obligations to be issued will be
approximately $2,525,000.
Section 3. The City Clerk is hereby di-
rected to cause at least one publication to be
made of a notice of said meeting, in a news-
paper, printed wholly in the English language,
published at least once weekly, and having
general circulation in said City, said publication
to be not less than four days nor more than
twenty days before the date of said meeting on
the issuance of said obligations.
Section 4. The notice of the public hearing
and the proposed action to issue said obliga-
tions shall be in substantially the form attached
hereto.
Passed, approved, and adopted this 2nd
day of December, 2019.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
2. Request for Removal of Residential
Parking Permit District A: City Manager rec-
ommending that a public hearing be set for
December 16, 2019, on the University of
Dubuque’s request to withdraw Grace Street
from North Algona Street to 270 feet east of
McCormick Street from the Residential Parking
Permit District “District A.” Motion by Resnick
to receive and file the documents, adopt Reso-
lution No. 421-19 Setting a public hearing on
amending Residential Parking Permit District A
to remove a section of Grace Street from North
Algona Street to 270 Feet East of McCormick
Street and set a public hearing for a meeting to
commence at 6:00 p.m. on December 16,
2019 in the Historic Federal Building. Second-
ed by Jones. Motion carried 5-0.
RESOLUTION NO. 421-19
SETTING A PUBLIC HEARING ON AMEND-
ING RESIDENTIAL PARKING PERMIT DIS-
TRICT A TO REMOVE A SECTION OF
GRACE STREET FROM NORTH ALGONA
439 Regular Session December 2, 2019 Book 149
TO 270 FEET EAST OF MC CORMICK
STREET
Whereas, the City of Dubuque, pursuant to
Ordinance 9-14-321.733 of the Code of Ordi-
nances, has received a request that the area
described as follows be excluded in Residen-
tial Parking Permit District A:
Grace Street, from North Algona to
270 feet east of McCormick Street; and
Whereas, the City Manager, in accordance
with Ordinance 9-14-321.733 recommends
that Residential Parking Permit District A be
amended to exclude such area and that the
City Council set a public hearing on the re-
quest to amend Residential Parking Permit
District A.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The City Council finds and de-
termines that the request from petitioner is
valid for Grace Street, in Residential Parking
Permit District A.
Section 2. The City Clerk be authorized
and directed to publish a notice of pu blic hear-
ing on amending Residential Parking Permit
District A, to be held on December 16, 2019.
Passed, approved, and adopted this 2nd
day of December 2019.
Roy D. Buol, Mayor
Attest: Trish Gleason, Assistant City Clerk
BOARDS/COMMISSIONS
Appointment considered for the following
Boards/Commissions.
1. Building Code and Advisory Appeals
Board: One, 3-Year term through August 1,
2021 (Vacant At-Large term of Luchsinger)
Applicant: Russell Bickle 933 White St. No
appointments made for lack of motion.
2. Community Development Advisory
Commission: One, 3-Year term through Feb-
ruary 15, 2020 (Vacant At-Large term of Pin-
nola) Applicant: Hilary Dalton, 1629 Washing-
ton St. Motion by Jones to appoint Ms. Dalton
to the 3-year term through February 15, 2020.
Seconded by Resnick. Motion carried 5-0.
PUBLIC HEARINGS
1. Lower Bee Branch Security Network
Project: Proof of publication on notice of public
hearing to consider approval of the plans,
specifications, form of contract and estimated
cost for the Lower Bee Branch Security Net-
work Project and the City Manager recom-
mending approval. Motion by Jones to receive
and file the documents and adopt Resolution
No. 422-19. Approval of plans, specifications,
form of contract, and estimated cost for the
Lower Bee Branch Security Network Project.
City Engineer Gus Psihoyos responded to
questions from the City Council. Seconded by
Shaw. Motion carried 5-0.
RESOLUTION NO. 422-19
APPROVAL OF PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATED
COST FOR THE LOWER BEE BRANCH SE-
CURITY NETWORK 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 cost for the Lower Bee
Branch Security Network Project, in the esti-
mated amount $303,265.00, are hereby ap-
proved.
Passed, adopted, and approved this the
2nd day of December 2019.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
PUBLIC INPUT
George Cooley, 2255 Francis Street, ad-
dressed the Council regarding a tree in front of
his home. City Manager Van Milligen apprised
Mr. Cooley and City Council that staff from the
Leisure Services Department had already de-
termined that the tree was a live and viable
tree, but that he would see that the issue was
looked at further, and a written response would
be sent to Mr. Cooley within two weeks.
Dick Avenarius, 1881 Keymont Ct; and
Robert Smith, 1800 Keymont Ct., each ad-
dressed the Council regarding parking issues
on Keymont Ct.
ACTION ITEMS
1. Greater Dubuque Development Corpo-
ration - Quarterly Update: President and CEO
Rick Dickinson presented a verbal update on
the quarterly activities of the Greater Dubuque
Development Corporation. Topics included:
Board makeup, reinvestment of funds, Hor-
mel/Progressive Packaging, Inc.’s, workforce
expansion; and the inaugural College Career
Fair. Motion by Resnick to receive and file the
information. Seconded by Jones. Motion car-
ried 5-0.
2. Request to Schedule Work Session for
Travel Dubuque: City Manager recommending
the City Council set Travel Dubuque’s annual
City budget work session for February 17,
2020 at 5:30 p.m. Motion by Jones to receive
and file the documents and set the work ses-
sion as recommended. Seconded by Resnick.
Mayor Buol confirmed with Council Members-
Elect who were in attendance. Council Mem-
ber Jones requested that the scheduling of
440 Regular Session December 16, 2019 Book 149
work sessions and allotted timeframe be ad-
dressed at the upcoming City Council Govern-
ance Session. No conflicts were noted. Motion
carried 5-0.
ADJOURNMENT
There being no further business, Council
Member Jones moved to adjourn at 6:50 p.m.
Seconded by Resnick. Motion carried 5-0.
/s/Trish L. Gleason, MMC, Assistant City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular
session at 6:00 p.m. on December 16, 2019 in
the second-floor Council Chambers of the His-
toric Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Del
Toro, Jones, Resnick, Shaw, Sprank; City
Manager Van Milligen, City Attorney Brumwell
Absent: Council Member Rios
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
CONSENT ITEMS
Motion by Resnick to receive and file the
documents, adopt the resolutions, and dispose
of as indicated. Seconded by Jones. Motion
carried 6-0.
1. Minutes and Reports Submitted: Arts
and Cultural Affairs Advisory Commission of
11/26; City Council Proceedings of 12/2; Civil
Service Commission of 12/6; Human Rights
Commission Minutes of 10/14; Library Board
of Trustees of 10/24; Zoning Advisory Com-
mission of 12/4; Zoning Board of Adjustment of
11/21; Proof of Publication for City Council
Proceedings of 11/4, 11/12, 11/18. Upon mo-
tion the documents were received and filed.
2. Notice of Claims and Suits: Nancy Fett
for vehicle damage; Lawrence Hutton, Jr. for
vehicle damage; Jonathan Kueter for vehicle
damage; Michael Nagelmaker for vehicle
damage. Upon motion the documents were
received, filed, and referred to the City Attor-
ney.
3. Disposition of Claims: City Attorney ad-
vising that the following claims have been re-
ferred to Public Entity Risk Services of Iowa,
the agent for the Iowa Communities Assurance
Pool: Lawrence Hutton, Jr. for vehicle dam-
age/personal injury; Jonathan Kueter for vehi-
cle damage; Michael Nagelmaker for vehicle
damage. Upon motion the documents were
received, filed, and concurred.
4. Approval of City Expenditures: City
Manager recommending City Council approval
441 Regular Session December 16, 2019 Book 149
for payment of City expenditures. Upon motion
the documents were received and filed, and
Resolution No. 423-19 Authorizing the Finance
Director-City Treasurer to make certain pay-
ments of bills that must be paid and approved
for payment in accordance with City proce-
dures was adopted.
RESOLUTION NO. 423-19
AUTHORIZING THE DIRECTOR OF FI-
NANCE 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 req-
uisitioned for a lawful municipal purpose; and
Whereas, the Finance Director-City Treas-
urer 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 pay-
ment 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 requested
by designated requisitioning authorities in ac-
cordance with approved budget appropria-
tions.
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 16th
day of December 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. Fountain of Youth Eradication of Gener-
ational Poverty Day: City Manager providing a
copy of the December 7, 2019 agenda for the
Fountain of Youth Eradication of Generational
Poverty Day meeting. Upon motion the docu-
ment was received and filed.
6. Civil Service Commission - Certified
Lists: Civil Service Commission submitting the
Certified Lists for the positions of Cashier, En-
vironmental Coordinator and Firefight-
er/Paramedic. Upon motion the documents
were received, filed and made a Matter of
Record.
November 14, 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 Cashier was administered on October 24,
2019. We hereby certify that the individuals
listed below have passed this written examina-
tion 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.
Cashier
1. Erik Kronstedt, 2. Sarah Pfab, 3. Sue Sim-
mons, 4. Cheri Alun, 5. Thomas Jarrard, 6.
Lisa Klein, 7. Julie Lenz Heiderscheit, 8. Rob-
erta Potter-Kratz, 9. Jayne Reuter, 10. Paula
Hardin, 11. Nicole Hermsen, 12. Richard Lin-
decker, 13. Grant Marin, 14. Andy Parker, 15.
Cindy Silberschlag, 16. Kari Voss, 17. Lisa
Wadkowski, 18. Dwaine Prine, 19. Gregory
Croghan, 20. Kayla DeMoss, 21. Patrick Maas,
22. Janelle Wilwert, 23. Samantha Davis, 24.
Ashlee Dirkse, 25. Dave Hanson, 26. Alicia
McGraw, 27. April Hoskins, 28. David May, 29.
Julie Reisch, 30. Holly Andresen, 31. Melissa
Schaefer, 32. Robert Johnson, 33. Jennifer
Roling, 34. Linda Schultz, 35. Melissa Stoll,
36. Jean Decker, 37. Sophia Heim, 38. Lind-
sey Keller, 39. Beth Kremer, 40. Brittany Lipp-
stock, 41. Alicia Marcotte, 42. Lauralee Miller,
43. Leslie Sweeney, 44. William Vohl, 45. Jo-
sie Duve, 46. Sally Ashens, 47. Allie Bieder-
mann, 48. Charles Harris, 49. Brenda Henkel,
50. Susan Smethers, 51. Rhonda Selensky,
52. Anthony Gallucci, 53. Trina McInerney, 54.
Joan Mest, 55. Jennifer Soat
Respectfully submitted,
/s/Dan White, Chairman
Civil Service Commission
November 14, 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 Environmental Coordinator was adminis-
tered on October 30, 2019. We hereby certify
that the individuals listed below have passed
442 Regular Session December 16, 2019 Book 149
this written examination and the vacancy for
this position should be made from this list and
that this list is good for one (1) year from the
above date.
Environmental Coordinator
1. Cheryl Pregler, 2. Nicholas Connolly, 3. Ian
Davis, 4. Ryan Cleary, 5. Samual Feehan
Respectfully submitted,
/s/Dan White, Chairman
Civil Service Commission
November 14, 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 Firefighter/Paramedic was administered on
October 26, 2019. We hereby certify that the
individuals listed below have passed this writ-
ten examination and the vacancy for this posi-
tion should be made from this list and that this
list is good for twelve (12) months from the
above date.
Firefighter/Paramedic
1. Alexander Johll, 2. Zachary Gifford, 3. Luke
Hartmann, 4. Matthew Fetzer, 5. Jacob
Fiedler, 6. Zachary Kersten, 7. Justin Geyer, 8.
Andrew Lahey, 9. Phillip Groh, 10. Kory Foht,
11. Austin Kut, 12. Jeremy Shireman, 13. Ja-
cob Dougherty, 14. Hans White, 15. Joseph
Fernandez, 16. Justin Steckel
Respectfully submitted,
/s/Dan White, Chairperson
Civil Service Commission
7. Pre-Annexation Agreement - John R.
and Emily M. Sewell: City Manager recom-
mending approval of a Pre-Annexation
Agreement with John R. and Emily M. Sewell,
for property located at 14247 N. Cascade
Road, in conjunction with their request to con-
nect to City water. Upon motion the documents
were received and filed, and Resolution No.
424-19 Approving a Pre-Annexation Agree-
ment Between the City of Dubuque, Iowa and
John R. and Emily M. Sewell was adopted.
RESOLUTION NO. 424-19
APPROVING A PRE-ANNEXATION
AGREEMENT BETWEEN THE CITY OF
DUBUQUE, IOWA AND JOHN R. AND EMI-
LY M. SEWELL
Whereas, John R. and Emily M. Sewell,
the owners of the following described property
in Dubuque County, Iowa (the Property) have
submitted to the City Council of the city of
Dubuque an application for voluntary annexa-
tion of the Property to the City of Dubuque:
Lot 3 of WOODLAND ESTATES NO. 3,
in Section 7, Table Mound Township,
Dubuque County, Iowa, according to the
Plat recorded as Instrument No. 2005-
7106, records of Dubuque County, Iowa;
and
Whereas, John R. and Emily M. Sewell
have entered into a Pre-annexation Agreement
with the City of Dubuque, a copy of which is
attached hereto governing the future annexa-
tion of the Property; and
Whereas, the Property is not subject to an
existing annexation moratorium; and
Whereas, the Property does not include
any state or railroad property; and
Whereas, Iowa Code Section 368.7 author-
izes the voluntary annexation of property in
Dubuque County, Iowa and the extension of
city limits by voluntary annexation; and
Whereas, the annexation of the Property is
consistent with the Comprehensive Plan of the
City of Dubuque, necessary for the future or-
derly growth and development of the City of
Dubuque, and will promote efficient and cost-
effective extension of municipal services; and
Whereas, the City Council finds that the
annexation of the Property is in the public in-
terest.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The Pre-annexation Agreement
by and between John R. and Emily M. Sewell
and the City of Dubuque is hereby approved.
Passed, approved, and adopted this 16th
day of December 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
8. North Cascade Road Right-of-Way Ac-
quisition / Dedication Plat - Cheryl Sheldon:
City Manager recommending approval of the
Acquisition Plat and acceptance of the dedica-
tion of additional right-of-way along North Cas-
cade Road at Park View Lane from property
owner Cheryl Sheldon. Upon motion the doc-
uments were received and filed, and Resolu-
tion No. 425-19 Approving the Acquisition Plat
of Lot 10A of F.D.R. Park View Heights, Sec-
tion 3, Township 88 North Range 2 east of the
5th Principal Meridian in Dubuque County,
Iowa was adopted.
RESOLUTION NO. 425-19
APPROVING THE ACQUISITION PLAT OF
LOT 10A OF F.D.R. PARK VIEW HEIGHTS,
SECTION 3, TOWNSHIP 88 NORTH, RANGE
2 EAST OF THE 5TH PRINCIPAL MERIDIAN
IN DUBUQUE COUNTY, IOWA
Whereas, there has been presented to the
City Council of the City of Dubuque, Iowa, an
Acquisition Plat dated February 14, 2019 pre-
pared by The City of Dubuque Engineering
Department describing Lot 10A of F.D.R. Park
View Heights, Section 3, Township 88 North,
Range 2 East of the 5th Principal Meridian in
Dubuque County, Iowa; and
443 Regular Session December 16, 2019 Book 149
Whereas, Lot 10A of F.D.R. Park View
Heights, Section 3, Township 88 North, Range
2 East of the 5th Principal Meridian in Dubu-
que County, Iowa is designated as Project
Parcel 7 on said Acquisition Plat dated Febru-
ary 14, 2019 prepared by The City of Dubuque
Engineering Department; and
Whereas, said plat conform to the laws and
statutes pertaining thereto; and
Whereas, upon said plat appears Lot 10A,
which Cheryl A. Sheldon, by said plat has ded-
icated to the public forever.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The plat dated February 14,
2019 prepared by The City of Dubuque Engi-
neering Department, relative to the real estate
hereinabove described be and the same are
hereby approved, and the Mayor and City
Clerk be and they are hereby authorized and
directed to execute said plat and on behalf of
the City of Dubuque, Iowa.
Section 2. The dedication of Lot 10A of
F.D.R. Park View Heights.
Section 3, Township 88 North, Range 2
East of the 5th Principal Meridian in Dubuque
County, Iowa, for Right of Way purposes, as it
appears on said Acquisition Plat, be and the
same is hereby accepted.
Section 4. The City Clerk be and is hereby
authorized and directed to file said plat and
certified copy of this resolution in the office of
the Recorder, in and for Dubuque County,
Iowa.
Passed, approved, and adopted this 16th
day of December 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
9. North Cascade Road Right-of-Way Ded-
ication Plat - Darla K. Till and Charles P. Till:
City Manager recommending approval of the
Acquisition Plat and acceptance of the dedica-
tion of additional right-of-way along North Cas-
cade Road at Park View Lane from property
owners Charles P. and Darla K. Till. Upon mo-
tion the documents were received and filed,
and Resolution No. 426-19 Approving the Ac-
quisition Plat of Lot 2-2-1-2-A of West Frac-
tional Half of the Northwest Quarter Section 3,
Township 88 North Range 2 East of the 5th
Principal Meridian in Dubuque County, Iowa
was adopted.
RESOLUTION NO. 426-19
APPROVING THE ACQUISITION PLAT OF
LOT 2-2-1-2-A OF THE WEST FRACTIONAL
HALF OF THE NORTHWEST QUARTER
SECTION 3, TOWNSHIP 88 NORTH, RANGE
2 EAST OF THE 5TH PRINCIPAL MERIDIAN
IN DUBUQUE COUNTY, IOWA
Whereas, there has been presented to the
City Council of the City of Dubuque, Iowa, an
Acquisition Plat dated February 14, 2019 pre-
pared by The City of Dubuque Engineering
Department describing Lot 2-2-1-2-A of the
West Fractional Half of the Northwest Quarter
Section 3, Township 88 North, Range 2 East
of the 5th Principal Meridian in Dubuque Coun-
ty, Iowa; and
Whereas, Lot 2-2-1-2-A of the West Frac-
tional Half of the Northwest Quarter Section 3,
Township 88 North, Range 2 East of the 5th
Principal Meridian in Dubuque County, Iowa is
designated as Project Parcel 8 on said Acqui-
sition Plat dated February 14, 2019 prepared
by The City of Dubuque Engineering Depart-
ment; and
Whereas, said plat conform to the laws and
statutes pertaining thereto; and
Whereas, upon said plat appears Lot 2-2-
1-2-A, which Darla K. Till and Charles P. Till,
by said plat has dedicated to the public forev-
er.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the plat dated February 14,
2019 prepared by The City of Dubuque Engi-
neering Department, relative to the real estate
hereinabove described be and the same are
hereby approved, and the Mayor and City
Clerk be and they are hereby authorized and
directed to execute said plat and on behalf of
the City of Dubuque, Iowa.
Section 2. That the dedication of Lot 2-2-1-
2-A of the West Fractional Half of the North-
west Quarter.
Section 3, Township 88 North, Range 2
East of the 5th Principal Meridian in Dubuque
County, Iowa, for Right of Way purposes, as it
appears on said Acquisition Plat, be and the
same is hereby accepted.
Section 4. That the City Clerk be and is
hereby authorized and directed to file said plat
and certified copy of this resolution in the office
of the Recorder, in and for Dubuque County,
Iowa.
Passed, approved, and adopted this 16th
day of December 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
10. North Cascade Road Right-of-Way Ac-
quisition / Dedication Plat - William E. Apel:
City Manager recommending approval of the
Acquisition Plat and acceptance of the dedica-
tion of additional right-of-way along North Cas-
cade Road east of Park View Lane from prop-
erty owner William E. Apel. Upon motion the
documents were received and filed, and Reso-
lution No. 427-19 Approving the Acquisition
Plat of Lot 2A of the East Fractional Half of the
444 Regular Session December 16, 2019 Book 149
Northwest Quarter of Section 3, T88N, R2E of
the 5th P.M., Dubuque County, Iowa was
adopted.
RESOLUTION NO. 427-19
APPROVING THE ACQUISITION PLAT OF
LOT 2A OF THE EAST FRACTIONAL HALF
OF THE NORTHWEST QUARTER OF SEC-
TION 3, T88N, R2E OF THE 5TH P.M.,
DUBUQUE COUNTY, IOWA
Whereas, there has been presented to the
City Council of the City of Dubuque, Iowa, an
Acquisition Plat dated February 14, 2019 pre-
pared by The City of Dubuque Engineering
Department describing Lot 2A of the East
Fractional Half of the Northwest Quarter of
Section 3, T88N, R2E of the 5th P.M., Dubu-
que County, Iowa; and
Whereas, Lot 2A of the East Fractional
Half of the Northwest Quarter of Section 3,
T88N, R2E of the 5th P.M., Dubuque County,
Iowa is designated as Project Parcel 9 on said
Acquisition Plat dated February 14, 2019 pre-
pared by The City of Dubuque Engineering
Department; and
Whereas, said plat conform to the laws and
statutes pertaining thereto; and
Whereas, upon said plat appears Lot 2A,
which William E. Apel, by said plat has dedi-
cated to the public forever.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the plat dated February 14,
2019 prepared by The City of Dubuque Engi-
neering Department, relative to the real estate
hereinabove described be and the same are
hereby approved, and the Mayor and City
Clerk be and they are hereby authorized and
directed to execute said plat and on behalf of
the City of Dubuque, Iowa.
Section 2. That the dedication of Lot 2A of
the East Fractional Half of the Northwest Quar-
ter of Section 3, T88N, R2E of the 5th P.M.,
Dubuque County, Iowa, for Right of Way pur-
poses, as it appears on said Acquisition Plat,
be and the same is hereby accepted.
Section 4. That the City Clerk be and is
hereby authorized and directed to file said plat
and certified copy of this resolution in the office
of the Recorder, in and for Dubuque County,
Iowa.
Passed, approved, and adopted this 16th
day of December 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
11. U.S. Department of Housing & Urban
Development (HUD) - Family Unification Pro-
gram Application: City Manager recommend-
ing City Council authorization of an application
to the U.S. Department of Housing & Urban
Development (HUD) for the administration of
the Family Unification Program in partnership
with Public Child Welfare Agency (Iowa De-
partment of Human Services). It is further rec-
ommended that City Manager or his designee
be authorized to execute all required docu-
mentation for this grant application. Upon mo-
tion the documents were received and filed,
and Resolution No. 428-19 Authorizing the
Mayor to execute an application for Family
Unification Program Grant and authorizing the
Director of Housing and Community Develop-
ment and the City Manager to approve the
application was adopted.
RESOLUTION NO. 428-19
AUTHORIZING THE MAYOR TO EXECUTE
AN APPLICATION FOR FAMILY UNIFICA-
TION PROGRAM GRANT AND AUTHORIZ-
ING THE DIRECTOR OF HOUSING AND
COMMUNITY DEVELOPMENT AND THE
CITY MANAGER TO APPROVE THE APPLI-
CATION
Whereas, the U.S. Department of Housing
and Urban Development (HUD) has published
a Notice of Funding Availability (NOFA) for the
Family Unification Program to provide housing
assistance under the Housing Choice Voucher
(HCV) program in partnership with Public Child
Welfare Agencies; and
Whereas, the U.S. Department of HUD will
notify successful applicants of their selection
for funding of the Family Unification Program
grant; and
Whereas, the City of Dubuque proposes to
administer the Family Unification Program
grant to families for whom the lack of adequate
housing is a primary factor in the placement or
delay in discharge of a child or children in or
from out-of-home care and to youth who have
left or will leave foster care and are homeless
or at risk of being homeless.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE IOWA THAT:
Section 1: The Mayor is hereby authorized
and directed to submit an application to HUD
for the Family Unification Program grant.
Section 2: The Director of Housing and
Community Development and the City Manag-
er are hereby authorized to approve the appli-
cation that is submitted to HUD.
Section 3: The City Manager is hereby au-
thorized and directed to forward said applica-
tion and resulting standard executed contract
to the respective agency in a timely fashion
and as required by U. S. Department of Hous-
ing and Urban Development.
Passed, approved, and adopted this 16th
day of December 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
445 Regular Session December 16, 2019 Book 149
12. Family Self-Sufficiency Coordinators
Funding for Calendar Year 2020: City Manager
recommending approval to continue the two,
Family Self-Sufficiency Coordinator positions
required to administer the Family Self-
Sufficiency Program until December 31, 2020,
when additional grant funding may be obtained
for the positions. Upon motion the documents
were received, filed, and approved.
13. Iowa Department of Transportation
(IDOT) East / West Corridor Capacity Im-
provements Funding Agreement: City Manager
recommending approval and authorization for
the Mayor to execute a Federal-Aid SWAP
Funding Agreement with the Iowa Department
of Transportation for the development and
advancement of the East-West Corridor Ca-
pacity Improvements. Upon motion the docu-
ments were received and filed, and Resolution
No. 429-19 Approving a Federal Aid Swap
Funding Agreement (6-19-STBG-SWAP-039)
with the Iowa Department of Transportation for
the Development and Advancement of
East/West Corridor Capacity Improvements
was adopted.
RESOLUTION NO. 429-19
APPROVING A FEDERAL-AID SWAP FUND-
ING AGREEMENT (6-19-STBG-SWAP-039)
WITH THE IOWA DEPARTMENT OF
TRANSPORTATION FOR THE DEVELOP-
MENT AND ADVANCEMENT OF EAST-
WEST CORRIDOR CAPACITY IMPROVE-
MENTS
Whereas, the City Council listed the East -
West Corridor Capacity Improvement Imple-
mentation as a “Top-Priority” in its 2017-2019
Goals and Priorities; and
Whereas, the City Council has directed
City staff to begin implementation plans for the
recommendations contained in the East-West
Corridor Connectivity Report; and
Whereas, the City has an opportunity to
move forward and advance the development
of East-West Corridor Capacity Improvements
utilizing the new Iowa DOT Federal Aid SWAP
Policy; and
Whereas, staff has worked with the Iowa
DOT to prepare a SWAP Funding Agreement
to allow for the use of state SWAP funds to
complete the preliminary engineering and envi-
ronmental (NEPA) study phase; right-of-way
property acquisition, final design, and future
construction phases; and
Whereas, once the SWAP funding agree-
ment is in place, the City will be able to utilize
both local City funding and SWAP funding to
begin the preliminary engineering and envi-
ronmental (NEPA) study phase for intersection
capacity improvements along the University
Avenue, Loras Boulevard to Pennsylvania
Avenue “Overlap Section.”
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, THAT:
Section 1. The said Federal-Aid SWAP
Funding Agreement (Agreement No. 6-19-
STBG-SWAP-039) with the Iowa Department
of Transportation for the development and
advancement of East-West Corridor Capacity
Improvements is hereby approved.
Section 2. The Mayor be authorized and di-
rected to execute two copies of said Federal-
Aid SWAP Funding Agreement (Agreement
No. 6-19-STBG-SWAP-039) with the Iowa
Department of Transportation for the develop-
ment and advancement of East-West Corridor
Capacity Improvements.
Passed, approved, and adopted this 16th
day of December 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
14. Drug Abuse Resistance Education
(DARE) Program Agreement with Holy Family
School District for School Year 2019-2020:
City Manager recommending approval of the
Fiscal Year 2019-2020 Drug Abuse Re-
sistance Education (DARE) agreement be-
tween the City of Dubuque Police Department
and the Holy Family School District. Upon mo-
tion the documents were received, filed and
approved.
15. Calendar Year 2019 Urban Revitaliza-
tion Program Applications: City Manager rec-
ommending approval of a resolution approving
property tax abatement applications for 30
residential properties in recognized Urban Re-
vitalization Areas, and authoring transmittal to
the City Assessor for final review and determi-
nation of the amount of property tax abate-
ment. Upon motion the documents were re-
ceived and filed, and Resolution No. 430-19
Approving property tax abatement applications
submitted by property owners in recognized
Urban Revitalization Areas and authorizing the
transmittal of the approved applications to the
City Tax Assessor was adopted.
RESOLUTION NO. 430-19
APPROVING PROPERTY TAX ABATEMENT
APPLICATIONS SUBMITTED BY PROPER-
TY OWNERS IN RECOGNIZED URBAN RE-
VITALIZATION AREAS AND AUTHORIZING
THE TRANSMITTAL OF THE APPROVED
APPLICATIONS TO THE CITY TAX ASSES-
SOR
Whereas, Chapter 404 of the Code of Io-
wa, the Urban Revitalization Act, permits cities
to abate property taxes for improvements
made to properties in designated revitalization
areas; and
Whereas, the Urban Revitalization Act re-
quires the City Council to approve all applica-
446 Regular Session December 16, 2019 Book 149
tions that meet the requirements of the adopt-
ed Urban Revitalization Plan. Copies of the
Urban Revitalization applications are forward-
ed to the City Assessor for review by March
1st; and
Whereas, pursuant to the requirements of
said Urban Revitalization Act, the following
Urban Revitalization Areas were established:
Upper Main, Jackson Park, Washington
Neighborhood, West 11th Street, Upper Main,
Cathedral, Old Main, and Kunkel & Associates,
Lange Estates; and
Whereas, the City of Dubuque, as of De-
cember 10, 2019, received residential tax
abatement applications from the following
property owners in the aforementioned urban
revitalization districts eligible for 100% abate-
ment for the time period indicated:
District, Address, Property Owner, Type
of Property, Exemption Period
Cathedral, 56 Bluff, Beloved Hous-
ing/John McAndrews, Residential, 10-
year
Cathedral, 210 Bluff, Joe Ungs, Residen-
tial, 10-year
Garfield 1, 511 Garfield, Davis Place
(Dawn/Justin Potter), Residential, 10-
year
Garfield 1, 513 Garfield, Davis Place
(Dawn/Justin Potter), Residential, 10-
year
Jackson Park, 278 West 17th, Carich
Properties LLC, multi-Residential, 10-
year
Langworthy, 1148 Langworthy, Kevin
and Melissa Cassill, Residential, 10-
year
Washington, 232 East 14th, Community
Housing Initiative, Residential, 10-year
Washington, 234 East 14th, Suzanne
Stroud, Residential, 10-year
Washington, 380 East 14th, Dutrac
Community Credit Union, Commercial,
3-year
Washington, 1838 Central, CSB Consult-
ing Company, Commercial, 3-year
Washington, 1449 Jackson, Community
Housing Initiative, Residential, 10-year
Washington, 1550 Jackson, Community
Housing Initiative, Residential, 10-year
Washington, 1552 Jackson, Community
Housing Initiative, Residential, 10-year
Washington, 1675 Jackson, Alex Eichs-
tadt, Residential, 10-year
Washington, 1698 Jackson, Alex Eichs-
tadt, Multi-Residential, 10-year
Washington, 1796 Jackson, Phyllis Link,
Residential, 10-year
Washington, 1805 Jackson, Andrew Car-
roll, Residential, 10-year
Washington, 2033 Washington, Dubu-
que's True North, Residential, 10-year
Washington, 2109 Washington, Coralita
Shumaker, Residential, 10-year
Washington, 1104 White, Drake House
LLC, Commercial, 3-year
Washington, 1118 White, Drake House
LLC, Commercial, 3-year
Washington, 1402 White, Alliant Credit
Union, Commercial, 3-year
Washington, 1477 White, Dan Barrett,
Residential, 10-year
Washington, 1814 White, Lakeside In-
vestments, LLC, Multi-Residential, 10-
year
West 11th, 1595 Fairview, Joseph Kuhse,
Residential, 10-year
West 11th, 1145 Locust, Stout LLC, Multi-
Residential, 10-year
West 11th, 1358 Locust, T'bill's Proper-
ties, LLC, Comm/Multi-Residential, 10-
year
West 11th, 563 West 11th, Christopher
Andress, Residential, 10-year
West 11th, 528 West 16th, Gary Schloss-
er, Residential, 10-year
Upper Main, 1100 Main, Duane Hagerty,
Residential, 10-year; and
Whereas, the Housing and Community
Development Department has reviewed
the above-described applications, veri-
fied inspections of the properties, and
determined the applications and the
improvements conform to all require-
ments of the City of Dubuque’s Urban
Revitalization Plans.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The above-described tax
abatement applications meet the requirements
of the City of Dubuque’s Urban Revitalization
Plans.
Section 2. The above-described tax
abatement applications are hereby approved
by the City Council, subject to the review and
approval of the City Assessor.
Section 3. The City Clerk is hereby author-
ized and directed to forward the above- de-
scribed tax abatement applications to the City
Assessor.
Passed, approved, and adopted this 16th
day of December 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
16. Bishop Block 90 Main Street - Amend-
ment to Loan Agreement: City Manager rec-
ommending approval of a resolution extending
the loan maturity until June 30, 2020, for Mer-
cy Housing’s loan for Bishop Block – 90 Main
Street. Upon motion the documents were re-
ceived and filed, and Resolution No. 431-19
447 Regular Session December 16, 2019 Book 149
Amending Agreement with Mercy Housing to
extend maturity date of loan for property at 90
Main Street was adopted.
RESOLUTION NO. 431-19
AMENDING AGREEMENT WITH MERCY
HOUSING TO EXTEND MATURITY DATE OF
LOAN FOR PROPERTY AT 90 MAIN
STREET
Whereas, the city entered into an agree-
ment with Mercy Housing in October 1993 to
provide funding for the renovation of property
at 90 Main Street Dubuque, IA; and
Whereas, Mercy Housing has requested
an extension of the maturity date of the loan;
and
Whereas, the City Council finds that it is in
the best interest of the City to approve an ex-
tension of the maturity date of the loan to ex-
plore additional options for this location; and
Whereas, the Mercy Housing will addition-
ally allow the City of Dubuque access to the
property to access the capital needs of the
property.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The City of Dubuque hereby ap-
proves the extension of the agreement with
Mercy Housing to reflect a new maturity date
of June 30, 2020.
Passed, Approved, and Adopted this 12th
day of December 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
17. Acceptance of Grants of Easement for
Sanitary Sewer Utility across Silvia Property:
City Manager recommending acceptance of a
Grant of Easement for Sanitary Sewer Utility
from Lori and Brian Silvia for a relocated public
sanitary sewer across Part of Lot 64 in Timber-
Hyrst Estates #5 in the City of Dubuque. Upon
motion the documents were received and filed,
and Resolution No. 432-19 Accepting a Grant
of Easement for Sanitary Sewer Utility through,
under and across part of Lot 64 in Timber-
Hyrst Estates #5 in the City of Dubuque, Iowa
was adopted.
RESOLUTION NO. 432-19
ACCEPTING A GRANT OF EASEMENT FOR
SANITARY SEWER UTILITY THROUGH,
UNDER AND ACROSS PART OF LOT 64 IN
TIMBER-HYRST ESTATES # 5, IN THE CITY
OF DUBUQUE, IOWA
Whereas, Lori E. Silvia and Brian A. Silvia
and the City of Dubuque wish to set forth
terms for the construction, maintenance, and
replacement of proposed public sanitary sewer
utility located in Part of Lot 64 in Timber-Hyrst
Estates # 5, in the City of Dubuque, Iowa; and
Whereas, Lori E. Silvia and Brian A. Silvia
have executed a Grant Easement for Sanitary
Sewer Utility through, over and across Part of
Lot 64 in Timber-Hyrst Estates # 5, in the City
of Dubuque, Iowa.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The City Council of the City of
Dubuque, Iowa, hereby approves of, accepts
and consents to the Grant of Easement for
Sanitary Sewer Utility through, over and
across Part of Lot 64 in Timber-Hyrst Estates #
5, in the City of Dubuque, Iowa from Lori E.
Silvia and Brian A. Silvia, a copy of which is
attached hereto.
Section 2. The Mayor is hereby authorized
and directed to execute and acknowledge on
behalf of the City of Dubuque any instruments
in connection herewith.
Passed, approved, and adopted this 16th
day of December 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
18. Acceptance of 22nd Street Storm Im-
provement Project - Phase I Elm Street and
White Street: City Manager recommending
acceptance of the construction contract and
establishment of the Final Schedule of As-
sessments for the 22nd Street Storm Sewer
Improvements Project – Phase I (Elm to
White) as completed by Portzen Construction.
Upon motion the documents were received
and filed, and Resolution No. 433-19 Accept-
ing the 22nd Street Storm Sewer Improvements
Project - Phase 1 (Elm to White Streets) and
authorizing the payment of the contract
amount to the contractor; and Resolution No.
434-19 Adopting the Final Assessment
Schedule for the 22nd Street Storm Sewer Im-
provements Project - Phase 1 (Elm to White
Streets) were adopted.
RESOLUTION NO. 433-19
ACCEPTING THE 22ND STREET STORM
SEWER IMPROVEMENTS PROJECT –
PHASE I (ELM TO WHITE) AND AUTHORIZ-
ING THE PAYMENT OF THE CONTRACT
AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract
for the 22nd Street Storm Sewer Improvements
Project – Phase I (Elm to White) (the Project)
has been completed and the City Engineer has
examined the work and filed a certificate stat-
ing that the Project has been completed ac-
cording to the terms of the Public Improvement
Contract and that the City Engineer recom-
mends that the Project be accepted.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
448 Regular Session December 16, 2019 Book 149
Section 1. The recommendation of the City
Engineer is approved, and the Project is here-
by accepted.
Section 2. The Finance Director is hereby
directed to pay to the Contractor from the HUD
National Disaster Resiliency Fund and Water
Service Line Assistance fund for the contract
amount of $2,560,381.32 less any retained
percentage provided for therein as provided in
Iowa Code chapter 573, and to pay such re-
tainage only in accordance with the provisions
of Iowa Code chapter 573.
Passed, approved, and adopted this 16th
day of December 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL
COMPLETION OF THE 22ND STREET
STORM SEWER IMPROVEMENTS PRO-
JECT – PHASE I (ELM TO WHITE)
The undersigned City Engineer of the City
of Dubuque, Iowa, hereby certifies that he has
inspected the 22nd Street Storm Sewer Im-
provements Project – Phase I (Elm to White),
that the Project has been performed in compli-
ance with the terms of the Public Improvement
Contract, and that the total cost of the com-
pleted work is $2,944,438.52.
Dated this 6th day of December 2019.
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 6th
day of December 2019.
/s/Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 434-19
ADOPTING THE FINAL ASSESSMENT
SCHEDULE FOR THE 22ND STREET STORM
SEWER IMPROVEMENTS PROJECT –
PHASE I (ELM TO WHITE)
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. After full consideration, the Final
Schedule of Assessments as shown on the
attached sheet(s), Page 1 to Page 1 inclusive
is hereby approved for the 22nd Street Storm
Sewer Improvements Project – Phase I (Elm to
White)
Section 2. There is hereby assessed and
levied as a special tax against and upon each
of the benefited properties, the respective
sums indicated. The amounts shown in said
Final Schedule of Assessments as deficiencies
are found to be proper and levied conditionally
against the respective properties benefited by
the improvements as shown in the Final
Schedule of Assessments, subject to the pro-
visions of Iowa Code § 384.63. Said assess-
ments against said lots are hereby declared to
be in proportion to the special benefits con-
ferred and not in excess of twenty-five percent
of the value of same.
Section 3. The City Clerk be and is hereby
directed to certify the Final Schedule of As-
sessments to the County Treasurer of Dubu-
que County, Iowa, and to publish notice of said
certification once each week for two consecu-
tive weeks in the manner provided in Iowa
Code § 362.3, the first publication of which
shall be not more than fifteen days from the
date of filing of the Final Schedule of Assess-
ments. On or before the date of the second
publication of the notice, the City Clerk shall
also mail a copy of said notice to property
owners whose property is subject to assess-
ment, as provided in Iowa Code § 384.60.
Section 4. The assessments may be paid
in full or in part without interest at the office of
the City Treasurer, City Hall, 50 W. 13th Street,
Dubuque, Iowa, at any time within 30 days
after the date of the first notice of the Final
Schedule of Assessments. Thereafter, unpaid
assessments of $500.00 or more are payable
in 15 annual installments at the County Treas-
urer’s Office, Dubuque County Courthouse,
720 Central Avenue, Dubuque, Iowa, and will
draw annual interest at three percent (3%)
computed to December 1 next following the
due dates of the respective installments as
provided in Section 384.65 of the Code of Io-
wa. Each installment will be delinquent from
October 1 following its due date on July 1 of
each year. However, when the last day of Sep-
tember is a Saturday or Sunday, that amount
shall be delinquent from the second business
day of October. Delinquent installments will
draw the same delinquent interest as ordinary
taxes. Property owners may elect to pay any
annual installments semi-annually in advance.
Passed, approved, and adopted this 16th
day of December 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
CITY OF DUBUQUE, IOWA 22ND STREET
FROM ELM STREET TO WHITE STREET
FINAL SCHEDULE OF VALUATION AND
PROPOSED ASSESSMENTS DATE: DE-
CEMBER 20, 2019
The following schedule is hereby deter-
mined to show each lot proposed to be as-
sessed for the improvement shown in the title
together with the amount proposed to be as-
sessed against each lot and the valuations
shown opposite each lot are hereby fixed as
the true valuations of such lots by the City
Council of the City of Dubuque.
PARCEL NUMBER; PROPERTY OWNER
NAME; LOT DESCRIPTION; STREET AD-
DRESS; NET ASSESSED VALUATION; WA-
TER SERVICE PRIVATE COST; TOTAL NET
ASSESSMENT
1024203023; Thomas J. & Martha J. Blake; E.
35'-Lot 84 L. H. Langworthy's Add.; 215 E.
22nd Street; $46,990.00; $977.50; $977.50
449 Regular Session December 16, 2019 Book 149
1024204010; E. Mueller Sales, LLC; Lot 2-1
Kemp's Sub.; 301 E. 22nd Street;
$78,700.00; $1,666.35; $ 1,666.35
1024204011; John W. Even & Sandra K.
Even; Lot 1-1 Kemp's Sub.; 305 E. 22nd
Street; $51,730.00; $1,776.75; $ 1,776.75
1024204012; Aaron M. Toskey; Lot 2 Kemp's
Sub.; 311 E. 22nd Street; $95,120.00;
$1,666.35; $ 1,666.35
19. Acceptance of Amy Court Storm Im-
provements Project: City Manager recom-
mending acceptance of the public improve-
ment construction contract for the Amy Court
Drainage Improvements Project, as completed
by Drew Cook & Sons Excavating Company,
Inc. Upon motion the documents were re-
ceived and filed, and Resolution No. 435-19
Accepting the Amy Court Drainage Improve-
ments Project and Authorizing the final Pay-
ment to the contractor was adopted.
RESOLUTION NO. 435-19
ACCEPTING THE AMY COURT DRAINAGE
IMPROVEMENTS PROJECT AND AUTHOR-
IZING THE FINAL PAYMENT TO THE CON-
TRACTOR
Whereas, the public improvement contract
for the Amy Court Drainage Improvements
Project (the Project) has been completed by
the Contractor, Drew Cook & Sons Excavating
Company, Inc. of Dubuque, IA (Contractor),
and the City Engineer has examined the work
and signed a certificate stating that the Project
has been completed according to the terms of
the Public Improvement Contract and that the
City Engineer recommends that the Project be
accepted; and
Whereas, the final contract amount for the
Project is $80,075.67; and
Whereas, the Contractor has previously
been paid $76,071.89, leaving a retainage
balance of $4,003.78; and
Whereas, the City Council finds that the
recommendation of the City Engineer should
be accepted.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The recommendation of the City
Engineer is approved, and the Project is here-
by accepted.
Section 2. The Finance Director is hereby
directed to pay to the Contractor from the
General Repairs CIP appropriations for the
contract amount of $80,075.67 less any re-
tained percentage provided for therein as pro-
vided in Iowa Code.
Section 3. The Finance Director is hereby
directed to pay to the Contractor the balance
of the retainage of $4,003.78 as provided in
Iowa Code chapter 573, and to pay such re-
tainage in accordance with the provisions of
Iowa Code chapter 573 or Iowa Code chapter
26.13.
Passed, approved, and adopted this 16th
day of December 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL
COMPLETION OF THE AMY COURT
DRAINAGE IMPROVEMENTS PROJECT
The undersigned City Engineer of the City
of Dubuque, Iowa, hereby certifies that he has
inspected the Amy Court Drainage Improve-
ments Project, and that the Project has been
completed in compliance with the terms of the
Public Improvement Contract, and that the
total cost of the completed work is $92,439.82.
Dated this 11th day of December 2019.
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 11 th
day of December 2019.
/s/Kevin S. Firnstahl, City Clerk
20. Acceptance of Van Buren Street Ener-
gy Dissipator Project: City Manager recom-
mending acceptance of the public improve-
ment construction contract for the Van Buren
Street Energy Dissipator Project, as completed
by Drew Cook & Sons Excavating Company,
Inc. Upon motion the documents were re-
ceived and filed, and Resolution No. 436-19
Accepting the Van Buren Street Energy Dissi-
pator Project and Authorizing the final payment
to the contractor was adopted.
RESOLUTION NO. 436-19
ACCEPTING THE VAN BUREN STREET
ENERGY DISSIPATOR PROJECT AND AU-
THORIZING THE FINAL PAYMENT TO THE
CONTRACTOR
Whereas, the public improvement contract
for the Van Buren Street Energy Dissipator
Project (the Project) has been completed by
the Contractor, Drew Cook & Sons Excavating
Company, Inc. of Dubuque, IA (Contractor),
and the City Engineer has examined the work
and signed a certificate stating that the Project
has been completed according to the terms of
the Public Improvement Contract and that the
City Engineer recommends that the Project be
accepted; and
Whereas, the final contract amount for the
Project is $94,690.07; and
Whereas, the Contractor has previously
been paid $89,955.56, leaving a retainage
balance of $4,734.51; and
Whereas, the City Council finds that the
recommendation of the City Engineer should
be accepted.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
450 Regular Session December 16, 2019 Book 149
Section 1. The recommendation of the City
Engineer is approved, and the Project is here-
by accepted.
Section 2. The Finance Director is hereby
directed to pay to the Contractor from the Van
Buren Storm Outlet CIP appropriations for the
contract amount of $94,690.07 less any re-
tained percentage provided for therein as pro-
vided in Iowa Code.
Section 3. The Finance Director is hereby
directed to pay to the Contractor the balance
of the retainage of $4,734.51 as provided in
Iowa Code chapter 573, and to pay such re-
tainage in accordance with the provisions of
Iowa Code chapter 573 or Iowa Code chapter
26.13.
Passed, approved, and adopted this 16th
day of December 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL
COMPLETION OF THE VAN BUREN
STREET ENERGY DISSIPATOR PROJECT
The undersigned City Engineer of the City
of Dubuque, Iowa, hereby certifies that he has
inspected the Van Buren Street Energy Dissi-
pator Project, and that the Project has been
completed in compliance with the terms of the
Public Improvement Contract, and that the
total cost of the completed work is
$111,538.14.
Dated this 11th day of December 2019.
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 11 th
day of December 2019.
/s/Kevin S. Firnstahl, City Clerk
21. Growing Sustainable Communities
Conference Agreement for Whova Mobile Ap-
plication: City Manager recommending ap-
proval to execute an agreement with Whova
mobile application to assist with the logistics of
the 2020 Growing Sustainable Communities
conference. Upon motion the documents were
received, filed, and approved.
22. Growing Sustainable Communities
Conference Agreement with Travel Dubuque:
City Manager recommending approval of a
contract with Travel Dubuque to host the 2020
Growing Sustainable Communities Confer-
ence. Upon motion the documents were re-
ceived, filed, and approved.
23. 2019 Public Right-of-Way Sidewalk
Repair Assessment Project: City Manager
recommending approval of a Resolution estab-
lishing the final assessment schedule for the
2019 Public Right-of-Way Sidewalk Repair
Assessment Project. Upon motion the docu-
ments were received and filed, and
Resolution No. 437-19 Adopting the Final
Assessment Schedule for the 2019 Public
Right-of-Way Sidewalk Assessment Project
was adopted.
RESOLUTION NO. 437-19
ADOPTING THE FINAL ASSESSMENT
SCHEDULE FOR THE 2019 PUBLIC RIGHT-
OF-WAY SIDEWALK ASSESSMENT PRO-
JECT
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
After full consideration, the Final Schedule
of Assessments as shown on the attached
sheet(s), Page 1 inclusive; is hereby approved
for the 2019 Public Right-of-Way Sidewalk
Assessment Project.
There is hereby assessed and levied as a
special tax against and upon each of the bene-
fited properties, the respective sums indicated.
The amounts shown in said Final Schedule of
Assessments as deficiencies are found to be
proper and levied conditionally against the
respective properties benefited by the im-
provements as shown in the Final Schedule of
Assessments, subject to the provisions of Iowa
Code § 364.12. Said assessments against
said lots are hereby declared to be in propor-
tion to the special benefits conferred and not in
excess of twenty-five percent of the value of
same.
The City Clerk be and is hereby directed to
certify the Final Schedule of Assessments to
the County Treasurer of Dubuque County,
Iowa, and to publish notice of said certification
once each week for two consecutive weeks in
the manner provided in Iowa Code § 362.3,
the first publication of which shall be not more
than fifteen days from the date of filing of the
Final Schedule of Assessments. On or before
the date of the second publication of the no-
tice, the City Clerk shall also mail a copy of
said notice to property owners whose property
is subject to assessment, as provided in Iowa
Code § 384.60.
The assessments may be paid in full or in
part without interest at the office of the City
Treasurer, City Hall, 50 W. 13th Street, Dubu-
que, Iowa, at any time within 30 days after the
date of the first notice of the Final Schedule of
Assessments. Thereafter, unpaid assessments
of $500 or more are payable in 15 annual in-
stallments at the County Treasurer’s Office,
Dubuque County Courthouse, 720 Central
Avenue, Dubuque, Iowa, and will draw annual
interest at three percent (3%) computed to
December 1 next following the due dates of
the respective installments as provided in Sec-
tion 384.65 of the Code of Iowa. Each install-
ment will be delinquent from October 1 follow-
ing its due date on July 1 of each year. How-
ever, when the last day of September is a Sat-
451 Regular Session December 16, 2019 Book 149
urday or Sunday, that amount shall be delin-
quent from the second business day of Octo-
ber. Any unpaid balances will draw the same
delinquent interest as ordinary taxes.
Passed, approved, and adopted this 16th
day of December 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
PUBLIC RIGHT-OF-WAY 2019 SIDEWALK
ASSESSMENT SCHEDULE
Property Owner Name; Lot Description;
Parcel Number; Street Address; Assessed;
Value; Assessment; Administrative Fee; Total
Net Assessment
Kevin Gladwin; BAL-N-70'-Lot 8JBAL; N
70'; LOT 8 J. P. Porter’s Add.; 1024153009;
590 Clarke Dr.; $130,850; $330.46; $25.00;
$355.46
Sly Grimm; Lot 6 Glendale Add.;
1013154006; 2930 Jackson St.; $96,370;
$2,296.39; $25.00; $2,321.39
24. Tree City USA Application: City Man-
ager recommending approval of an application
for Dubuque to become recertified as a Tree
City USA as unanimously recommended by
the Park and Recreation Commission. Upon
motion the documents were received, filed and
approved.
25. Finance Confidential Account Clerk
Position: City Manager recommending ap-
proval to change the shared, part-time Confi-
dential Account Clerk position to a full-time
position. Upon motion the documents were
received, filed and approved.
26. Improvement Contracts / Performance,
Payment and Maintenance Bonds: Sheets
Design Build, LLC for the Multicultural Family
Center Expansion & Renovation; Tschiggfrie
Excavating Co. for 17th Street Railroad Cross-
ing Exploratory Excavation; A-One Geother-
mal, Inc. for 17th Street Railroad Crossing Ex-
ploratory HDD Excavation. Upon motion the
documents were received, filed and approved.
27. 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. 438-19 Approv-
ing 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. 438-19
APPROVING APPLICATIONS FOR BEER,
LIQUOR, AND/OR WINE PERMITS, AS RE-
QUIRED BY CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 4 BUSINESS AND LI-
CENSE REGULATIONS, CHAPTER 2 LIQ-
UOR CONTROL, ARTICLE B LIQUOR,
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 re-
quirements 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 di-
rected to cause to be issued the noted permit
types to the following applicants pending sub-
mission of the locally required documentation:
Renewals
Holiday Inn Dubuque Five Flags, 450 Main
St., Class B Liquor (Sunday)
Iowa Street Market Inc., 1256 Iowa St.,
Class E Liquor, Class C Beer, Class B Wine
(Sunday)
Kwik Stop Food Mart, 2320 Gateway Dr.,
Class C Beer, Class B Native Wine (Sunday)
Steve's Ace Home & Garden, 3350 J.F.
Kennedy Rd., Class B Native Wine (Sunday)
The Moracco, 1413 Rockdale Rd., Class C
Liquor (Sunday)
Passed, approved, and adopted this 16th
day of December 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 pub-
lic hearings as indicated, and direct the City
Clerk to publish notice as prescribed by law.
Seconded by Resnick. Motion carried 6-0.
1. Chaplain Schmitt Island Veteran's Me-
morial Site Improvements: City Manager rec-
ommending initiation of the public bidding pro-
cedure for the Chaplain Schmitt Veteran’s
Memorial Project, and further recommends
that a public hearing be set for January 6,
2020. Upon motion the documents were re-
ceived and filed, and Resolution No. 439-19
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 order-
ing the advertisement for bids was adopted
452 Regular Session December 16, 2019 Book 149
setting a public hearing for a meeting to com-
mence at 6:00 p.m. on January 6, 2020 in the
Historic Federal Building.
RESOLUTION NO. 439-19
CHAPLAIN SCHMITT VETERAN’S MEMO-
RIAL PROJECT
PRELIMINARY APPROVAL OF PLANS,
SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST; SETTING DATE
OF PUBLIC HEARING ON PLANS, SPECI-
FICATIONS, 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, specifica-
tions, form of contract and estimated cost for
the Chaplain Schmitt Veteran’s Memorial Pro-
ject in the estimated amount $2,404,000.00,
are hereby preliminarily approved and ordered
filed in the office of the City Clerk for public
inspection.
Section 2. A public hearing will be held on
the 6th day of January 2020, at 6:00 p.m. in the
Historic Federal Building Council Chambers
(second floor) 350 W. 6th Street, Dubuque,
Iowa, at which time interested persons may
appear and be heard for or against the pro-
posed plans and specifications, form of con-
tract and estimated cost of said Project, and
the City Clerk be and is hereby directed to
cause the attached notice of the time and
place of such hearing to be published in a
newspaper having general circulation in the
City of Dubuque, Iowa, which notice shall be
published not less than four days nor more
than twenty days prior to the date of such
hearing. At the hearing, any interested person
may appear and file objections to the proposed
plans, specifications, form of contract, or esti-
mated cost of the Project.
Section 3. The Chaplain Schmitt Veteran’s
Memorial Project is hereby ordered to be ad-
vertised for bids for construction.
Section 4. The amount of the security to
accompany each bid shall be in an amount
which shall conform to the provisions of the
Notice to Bidders hereby approved.
Section 5. The City Engineer is hereby di-
rected to advertise for bids for the construction
of the improvements herein provided, by pub-
lishing the Notice to Bidders to be published
on the City of Dubuque website and a contrac-
tor plan room service with statewide circula-
tion, which notice shall be published not less
than thirteen but not more than forty-five days
before the date for filing bids before 2:00 p.m.
on the 14th day of January 2020. 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 21st day of Jan-
uary 2020, in the Historic Federal Building
Council Chambers (second floor), 350 West 6th
Street, Dubuque, Iowa.
Passed, adopted, and approved this 16th
day of December 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
PUBLIC HEARINGS
1. Roshek Property Development Agree-
ment (as Amended): Proof of publication on
notice of public hearing to consider approval of
a Development Agreement as Amended by
and among the City of Dubuque, Iowa; Roshek
Property, LLC; Cottingham & Butler, Inc.; and
Heartland Financial USA, Inc., including the
issuance of Urban Renewal Tax Increment
Revenue Obligations; and the City Manager
recommending approval. Motion by Jones to
receive and file the documents and adopt
Resolution No. 440-19 Approving a Develop-
ment Agreement as Amended by and among
the City of Dubuque, Iowa; Roshek Property,
LLC; Cottingham & Butler, Inc.; and Heartland
Financial USA, Inc. including the issuance of
Urban Renewal Tax Increment Revenue Obli-
gations. Seconded by Resnick. Motion carried
4-2 with Shaw and Del Toro voting nay.
Paul Fuerst, 15 S. Algona Street, ques-
tioned the current occupancy of existing ramps
and proposed alternatives to new construction.
Joe Hearn, President/CEO of Dupaco, 3999
Pennsylvania Avenue, spoke in support of the
agreement citing Dupaco’s own expansion in
the Historic Millwork District and future em-
ployee parking/transportation needs, increased
leasing in the District, and workforce recruit-
ment and retention. Mike Coyle, 1398 Central
Avenue, and a Heartland Financial Board
Members, spoke in favor of the agreement,
cautioning a short window of opportunity, and
adding that the agreement would help Dubu-
que Initiatives move beyond their obligation to
the Roshek Building enabling DI to provide
other opportunities. Dave Becker, 800 Main
Street, President/CEO for Cottingham & But-
ler, provided a biography of the company’s
business, expansions and current/future work-
force recruitment and retention needs. Rick
Dickinson, President/CEO Greater Dubuque
Development Corporation, 900 Jackson Street,
spoke in favor of the agreement citing how the
sale would enable Dubuque Initiatives to rein-
vest in other opportunities and how the con-
struction of existing parking ramps has revital-
ized downtown. He added that excess parking
today is a design for the future as evidence in
the use of the existing ramps. Candace Eu-
daley-Loebach, 1715 Glen Oak Street, and
former Transit Director for the City, urged the
City Council to use the tools and ideas ex-
453 Regular Session December 16, 2019 Book 149
pressed in previous transportation studies be-
fore deciding to build new.
City Manager Van Milligen responded to
public comment by noting the amount of unde-
veloped commercial space under considera-
tion in the downtown and Millwork District and
the number of potential employees that will
create a need for future parking. He also reit-
erated that the agreement with Dupaco Voic-
es, LLC obligates the City to build parking. Mr.
Van Milligen also acknowledged Ms. Eudaley -
Loebach’s comments on using transportation
studies as a resource. City Attorney Brumwell
confirmed that Council Members who are rep-
resentatives on the Dubuque Initiatives Board
do not have a conflict of interest with this item.
City Council discussion included concerns
over the proposed site selections, historic
preservation of building potentially affected by
the proposed construction, the control of the
quick timeline the negotiating parties hold on
the process, the potential for construction of
future parking structures, reassignment of
Capital Improvement funds to accommodate
ramp construction, impact on the debt reduc-
tion plan. Council also discussed the potential
benefits to the agreement and parking struc-
ture construction citing that Cottingham & But-
ler and Heartland Financial are trusted, ten-
ured Dubuque companies with national con-
nections, changes in personal transportation
needs and technology, providing parking as a
city obligation to its businesses, workforce
recruitment and retention, creating a diverse
community of choice, and full and active
Roshek Building.
RESOLUTION NO. 440-19
APPROVING A DEVELOPMENT AGREE-
MENT, AS AMENDED, BY AND AMONG
THE CITY OF DUBUQUE, IOWA, ROSHEK
PROPERTY, LLC, COTTINGHAM & BUT-
LER, INC. AND HEARTLAND FINANCIAL
USA, INC., INCLUDING THE ISSUANCE OF
URBAN RENEWAL TAX INCREMENT REV-
ENUE OBLIGATIONS
Whereas, the City Council, by Resolution
No. 420-19, dated December 2, 2019 declared
its intent to enter into a Development Agree-
ment with Roshek Property, LLC, Cottingham
& Butler, Inc., and Heartland Financial USA,
Inc. for the rehabilitation of 700 Locust Street,
Dubuque, Iowa (the Property), including the
issuance of urban renewal tax increment reve-
nue obligations; and
Whereas, the Development Agreement
was amended by the First Amendment ap-
proved on December 2, 2019; and
Whereas, pursuant to published notice, a
public hearing was held on the proposed De-
velopment Agreement on December 16, 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 the rehabilitation of the Proper-
ty by Roshek Property, LLC, Cottingham &
Butler, Inc., and Heartland Financial USA, 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,
as amended, by and among the City of Dubu-
que, Roshek Property, LLC, Cottingham &
Butler, Inc., and Heartland Financial USA, 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 com-
ply with the terms of the Development Agree-
ment as herein approved.
Passed, approved, and adopted this 16th
day of December, 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Code of Ordinances Amendment Title 9
- Amending Residential Parking Permit District
A: Proof of publication on notice of public hear-
ing to consider approval of a request from the
University of Dubuque to withdraw Grace
Street from North Algona to 270 feet east of
McCormick Street from the Residential Parking
Permit District “District A." and the City Man-
ager recommending approval. Motion by Shaw
to receive and file the documents and that the
requirement that a proposed ordinance be
considered and voted on for passage at two
Council meetings prior to the meeting at which
it is to be passed be suspended. Seconded by
Resnick. Motion carried 6-0.
Motion by Shaw for final consideration and
passage of Ordinance No. 53-19 Amending
City of Dubuque Code of Ordinances Title 9
Motor Vehicles and Traffic, Chapter 14 Park-
ing, Division 7 Residential Parking Permit Pro-
gram Section 9-14-321.733 Residential Park-
ing Permit District A. Seconded by Resnick.
Motion carried 6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 53-19
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 9 MOTOR VEHICLES
AND TRAFFIC, CHAPTER 14 PARKING,
454 Regular Session December 16, 2019 Book 149
DIVISION 7 RESIDENTIAL PARKING PER-
MIT PROGRAM, SECTION 9-14-321.733
RESIDENTIAL PARKING PERMIT DISTRICT
A
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 9-14-321.733 of the City
of Dubuque Code of Ordinance is hereby
amended to read as follows:
9-14-321.733: RESIDENTIAL PARKING
PERMIT DISTRICT A:
A. The following described area consti-
tutes a residential parking permit district
designated as residential parking permit
district A:
Grace Street, from Ida Street to North
Algona Street
B. No vehicles shall park curbside in
Residential Parking Permit District A during
the hours of seven thirty o'clock (7:30) a.m.
to eleven o'clock (11:00) p.m. daily, except
Sundays and holidays, without displaying a
valid parking permit issued by the City.
Section 2. This Ordinance shall take effect
upon publication.
Passed, approved, and adopted this 16th
day of December 2019.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 20th day of December 2019.
/s/Kevin S. Firnstahl, City Clerk
3. Code of Ordinances Amendment Title
16 - Licensed Child Care Centers in Office,
Commercial and Industrial Zoning Districts:
Proof of publication on notice of public hearing
to consider an amendment to the City of
Dubuque Code of Ordinances to permit Li-
censed Child Care Centers in Office, Com-
mercial and Industrial Zoning Districts, and the
Zoning Advisory Commission recommending
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 Shaw. Assistant
Planner Wally Wernimont provided a staff re-
port. Motion carried 6-0.
Motion by Jones for final consideration and
passage of Ordinance No. 54-19 Amending
Title 16 of the City of Dubuque Code of Ordi-
nances, Unified Development Code, by
amending Article 16-8-5.20 Conditional Uses
and Amending Articles 16-5.7 (OR), 16-5.8
(OS), 16-5.9 (OC), 16-5-10 (C-1), 16-5-11 (C-
2), 16-5-12 (C-2A), 16-5-13 (C-3), 16-5-14 (C-
4), 16-5-15 (C-5), 16-5-16 (CS), 16-5-17 (CR),
16-5-18 (LI), 16-5-19 (HI), And 16-5-20 by
removing Licensed Childcare Center from the
list of Conditional Uses and adding Licensed
Childcare Center to the list of Permitted Uses.
Seconded by Shaw. Motion carried 6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 54-19
AMENDING TITLE 16 OF THE CITY OF
DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY AMEND-
ING ARTICLE 16-8-5.20 CONDITIONAL US-
ES AND AMENDING ARTICLES 16-5.7 (OR),
16-5.8 (OS), 16-5.9 (OC), 16-5-10 (C-1), 16-5-
11 (C-2), 16-5-12 (C-2A), 16-5-13 (C-3), 16-5-
14 (C-4), 16-5-15 (C-5), 16-5-16 (CS), 16-5-17
(CR), 16-5-18 (LI), 16-5-19 (HI), and 16-5-20
BY REMOVING LICENSED CHILDCARE
CENTER FROM THE LIST OF CONDITION-
AL USES AND ADDING LICENSED CHILD-
CARE CENTER TO THE LIST OF PERMIT-
TED USES
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 Devel-
opment Code Article 8-5.20 Conditional Uses
are hereby amended as follows:
20. Licensed Child Care Center
A licensed child care center may be
allowed in the R-1, R-2, R-2A, R-3, R-4,
OR, OS, OC, C-1, C-2, C-2A, C-3, C-4,
C-5, CS, CR, LI, HI, MHI, and RROD dis-
tricts in accordance with the following
conditions:
A. Such facility shall supply loading
and unloading spaces so as not to ob-
struct 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; and
C. When located within the R-1, R-2,
R-2A, R-3, R-4, or RROD districts or in a
single-family dwelling located within the
C-2, C-2A, C-3, C-4, or C-5 districts,
signage shall be limited to one non-
illuminated, wall mounted sign not to ex-
ceed four square feet in area.
D. When located within the LI, HI, or
MHI district:
1. Such use shall not be located
within the same structure as any gas
station, bar/tavern, automated gas
station or any facility selling, servic-
ing, repairing, or renting vehicles.
2. The conditional use applicant
certifies that the premises on which
the licensed 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,
455 Regular Session December 16, 2019 Book 149
hazardous conditions, hazardous
wastes, and hazardous materials.
3. If the applicant is subject to the
requirements of Section 302 of the
Superfund Amendments and Reau-
thorization Act of 1986, as amended,
the Emergency Management Director
shall certify whether or not the appli-
cant has submitted a current invento-
ry of extremely hazardous substanc-
es kept or stored on the premises. If
any such extremely hazardous sub-
stances are kept or stored on the
premises, the applicant shall also
post in a conspicuous place on the
premises a notice indicating a de-
scription of the extremely hazardous
substances, and the physical and
health hazards presented by such
substances.
4. Applicant shall submit an evacuation plan
for approval by the City, both written 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” sce-
nario in which the children can be kept safely
within a room of the building that has no pene-
tration to the outside (windows, doors, etc.)
5. Applicant shall submit plans for
approval by the City that indicate the
installation of a main emergency
shut-off switch for the heating, venti-
lation, and air conditioning (HVAC)
system to minimize the infiltration risk
of airborne hazardous materials.
Section 2. That Title 16 of the City of
Dubuque Code of Ordinances, Unified Devel-
opment Code Articles 16-5.7.2 (OR), 16-5.8.2
(OS), 16-5.9.2 (OC), 16-5-10.2 (C-1), 16-5-
11.2 (C-2), 16-5-12.2 (C-2A), 16-5-13.2 (C-3),
16-5-14.2 (C-4), 16-5-15.2 (C-5), 16-5-16.2
(CS), 16-5-17.2 (CR), 16-5-18.2 (LI), 16-5-19.2
(HI), and 16-5-20.2 (MHI), is hereby amended
as follows:
5-7.2 Conditional Uses
5. Licensed childcare center
5-8.2 Conditional Uses
2. Licensed childcare center
5-9.2 Conditional Uses
5. Licensed childcare center
5-10.2 Conditional Uses
4. Licensed childcare center
5-11.2 Conditional Uses
4. Licensed childcare center
5-12.2 Conditional Uses
3. Licensed childcare center
5-13.2 Conditional Uses
2. Licensed childcare center
5-14.2 Conditional Uses
3. Licensed childcare center
5-15.2 Conditional Uses
2. Licensed childcare center
5-16.2 Conditional Uses
2. Licensed childcare center
5-17.2 Conditional Uses
5. Licensed childcare center
5-18.2 Conditional Uses
2. Licensed childcare center
5-19.2 Conditional Uses
2. Licensed childcare center
5-20.2 Conditional Uses
3. Licensed childcare center
Section 3. That Title 16 of the City of
Dubuque Code of Ordinances, Unified Devel-
opment Code Articles 16-5.7.1 (OR), 16-5.8.1
(OS), 16-5.9.1 (OC), 16-5-10.1 (C-1), 16-5-
11.1 (C-2), 16-5-12.1 (C-2A), 16-5-13.1 (C-3),
16-5-14.1 (C-4), 16-5-15.1 (C-5), 16-5-16.1
(CS), 16-5-17.1 (CR), 16-5-18.1 (LI), 16-5-19.1
(HI), and 16-5-20.1 (MHI), is hereby amended
as follows:
5-7.1 Principal Permitted Uses
17. Licensed childcare center
5-8.1 Principal Permitted Uses
14. Licensed childcare center
5-9.1 Principal Permitted Uses
16. Licensed childcare center
5-10.1 Principal Permitted Uses
16. Licensed childcare center
5-11.1 Principal Permitted Uses
21. Licensed childcare center
5-12.1 Principal Permitted Uses
12. Licensed childcare center
5-13.1 Principal Permitted Uses
54. Licensed childcare center
5-14.1 Principal Permitted Uses
53. Licensed childcare center
5-15.1 Principal Permitted Uses
42. Licensed childcare center
5-16.1 Principal Permitted Uses
36. Licensed childcare center
5-17.1 Principal Permitted Uses
33. Licensed childcare center
5-18.1 Principal Permitted Uses
53. Licensed childcare center
5-19.1 Principal Permitted Uses
58. Licensed childcare center
5-20.1 Principal Permitted Uses
52. Licensed childcare center
Section 4. The foregoing amendment has
heretofore been reviewed by the Zoning Advi-
sory Commission of the City of Dubuque, Io-
wa.
Section 5. This ordinance shall take effect
immediately upon publication, as provided by
law.
Passed, approved, and adopted this 16th
day of December 2019.
/s/Roy D. Buol, Mayor
Attest:/s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 20th day of December 2019.
/s/Kevin S. Firnstahl, City Clerk
456 Regular Session December 16, 2019 Book 149
ACTION ITEMS
1. Bee Branch Creek Restoration Project,
Phase 9: Flood Mitigation Maintenance Facili-
ty, Acquisition of 411 E. 15th Street: City Man-
ager recommending approval to amend the
purchase agreement with Blum Properties,
Inc., and Alvin Blum for the acquisition of 411
E. 15th Street. Motion by Jones to receive and
file the documents and adopt Resolution No.
441-19 Amending the Purchase Agreement for
the acquisition of real estate owned by Blum
Properties, Inc. in the City of Dubuque. Se-
conded by Del Toro. Responding to questions
from the City Council, City Manager Van Milli-
gen explained how the financial process will
work between the City and Blum Properties,
Inc. regarding reimbursement if any grant
funds are received. Motion carried 5-0 with
Jones having momentarily stepped out of the
Chambers.
RESOLUTION NO. 441-19
AMENDING THE PURCHASE AGREEMENT
FOR THE ACQUISITION OF REAL ESTATE
OWNED BY BLUM PROPERTIES, INC. IN
THE CITY OF DUBUQUE
Whereas, the City of Dubuque required
certain properties located in the area of the
Bee Branch Creek Restoration Project for
stormwater mitigation activities as recom-
mended in the "Drainage Basin Master Plan;"
and
Whereas, it was determined that property
owned by Blum Properties, Inc. (Blum) at 411
E. 15th Street (the Property) would provide the
needed space to construct the Bee Branch
Watershed Flood Mitigation Maintenance Fa-
cility; and
Whereas, the City Council passed Resolu-
tion 172-14 approving the acquisition of the
Property for the Bee Branch Creek Restoration
Project; and
Whereas, a purchase agreement was final-
ized with the Blum Properties, Inc., owner of
the Property described as Lots 182, 182A,
183, 184, 185, 186, West 65' of Lots 217, 218,
219, 220, & 221, and East 35' of Lots 217,
218, 219, 220, & 221 all in East Dubuque Ad-
dition, in the City of Dubuque, Dubuque Coun-
ty, Iowa; and
Whereas, an environmental assessment
was performed at the Property finding contam-
ination by oil and lead on the Property that
provided an indication of the areas of concern
that, due to the City’s proposed use of the
property, would require environmental c lean-
up; and
Whereas, Blum Properties, Inc. agreed to
amending the terms of the Total Acquisition
Agreement (Purchase Agreement) reducing
the purchase price to $100,000 with $400,000
to be held by the City in a designated account
to be drawn by the City to pay for 50% of the
environmental cleanup costs after any and all
state or federal grant funds secured by the City
specifically for environmental cleanup activities
are exhausted with the funding that remains in
the designated account to be paid to Blum
Properties, Inc. following cleanup activities but
no later than October of 2020; and
Whereas, the City purchased the property
in December of 2016, for $100,000; and
Whereas, Blum Properties, Inc. has agreed
to amending the terms of the Purchase
Agreement such that the City will make a
payment of $400,000 to Mr. Blum and at the
same time Mr. Blum will donate $400,000 to
the City to be used to redevelop the Property
as determined by City in its discretion; and
Whereas, it is in the best interest of the
City to purchase the property per the terms of
the Second Amendment to the Purchase
Agreement.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The Second Amendment to the
Purchase Agreement for 411 E. 15th Street
(Amendment) is hereby approved.
Section 2. The City Manager is authorized
to negotiate the final terms and execute the
Amendment such that the City will make a
payment of $400,000 to Mr. Blum and at the
same time Mr. Blum will donate $400,000 to
the City to be used to redevelop the Property
as determined by City in its discretion.
Passed, approved, and adopted this 16th
day of December 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Four Mounds HEART Program: City
Manager recommending City Council sup-
port of the Adult Four Mounds HEART Pro-
gram by committing funds to rehabilitate the
property at 2601 Jackson Street per rehabili-
tation standards. Motion by Resnick to re-
ceive and file the documents and approve
the recommendation. Seconded by Shaw.
Motion carried 6-0.
3. Code of Ordinances Amendment Title 2
- Arts and Cultural Affairs Advisory Commis-
sion Meeting Schedule: City Manager recom-
mending approval of an amendment to the City
of Dubuque Code of Ordinances Title 2 Boards
and Commissions, Chapter 8 Arts and Cultural
Affairs Advisory Commission, Section 2-8-10
Meetings, providing that the Commission must
meet monthly, but not a designated date. Mo-
tion by Jones to receive and file the docu-
ments and that the requirement that a pro-
posed ordinance be considered and voted on
for passage at two Council meetings prior to
the meeting at which it is to be passed be sus-
457 Regular Session December 16, 2019 Book 149
pended. Seconded by Resnick. Motion carried
6-0.
Motion by Jones for final consideration and
passage of Ordinance No. 55-19 Amending
City of Dubuque Code of Ordinances Title 2
Boards and Commissions, Chapter 8 Arts and
Cultural Affairs Advisory Commission, Section
2-8-10 Meetings. Seconded by Resnick. Mo-
tion carried 6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 55-19
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 2 BOARDS AND
COMMISSIONS, CHAPTER 8 ARTS AND
CULTURAL AFFAIRS ADVISORY COMMIS-
SION, SECTION 2-8-10 MEETINGS
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 2-8-10 of the City of
Dubuque Code of Ordinances is amended to
read as follows:
2-8-10: MEETINGS:
A. Regular Meetings: The commission
must meet monthly.
B. Special Meetings: Special meetings
may be called by the chairperson or at the
written request of a majority of the com-
missioners.
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 con-
secutive meetings of the commission,
without being excused by the chairper-
son, such absence will be grounds for
the commission to recommend to the
city council that the position be de-
clared vacant and a replacement ap-
pointed.
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
meeting, or by the next regularly scheduled
city council meeting, whichever is later.
F. Quorum: Four (4) commissioners con-
stitute a quorum for the transaction of
business. The affirmative vote of a majority
of the commissioners present and voting is
necessary for the adoption of any motion
or resolution.
Section 2. This ordinance shall take effect
upon publication.
Passed, approved, and adopted this 16th
day of December 2019.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper on the 20th day of December 2019.
/s/Kevin S. Firnstahl, City Clerk
COUNCIL MEMBER REPORTS
Council Member Shaw reported on his re-
cent trip to the State Capital with a group to
voice issues about in-state and out-of-state
companies purchasing mobile home parks and
systematically forcing tenants to move out by
raising fees and rentals. Mr. Shaw noted that
the state has pre-empted cities from remedy-
ing many situations but that cities must contin-
ue to help protect these residents. Mr. Shaw
thanked Council Member Del Toro for his term
of service on the City Council.
Council Member Resnick reported on the
recent event at the Fountain of Youth com-
mending the agency’s work toward reducing
generational poverty.
Council Member Del Toro thanked his
family and citizens for their support during his
term of service on the City Council and noted
that he worked to build the community while
listening to different perspectives.
There being no further business, Mayor
Buol declared the meeting adjourned at 7:36
p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
458 Regular Session December 16, 2019 Book 149
A
A & B Construction Limited ................................................................................................................................... 28
A Contractor Plan Room Service ........................................................... 138, 188, 253, 259, 297, 318, 411, 423, 452
A&G Electric ................................................................................................................................................. 294, 364
A.Y. McDonald Park ..................................................................................................................................... 242, 417
AAA Car Care Center, INC .................................................................................................................................... 208
Abstracts of Votes........................................................................................................................................ 397, 417
Accela Consulting Services ................................................................................................................................... 128
Acceptance of Public Improvements ..................................................................................................................... 29
Ace Construction ................................................................................................................................................. 189
Acquisitions ................................. 15, 56, 86, 145, 206, 207, 272, 292, 293, 328, 372, 373, 419, 434, 442, 443, 456
Administrative Services Agreement .................................................................................................................... 295
Admiral Sheehy Drive .......................................................................................................................................... 163
Adobo's Mexican Grill .......................................................................................................................................... 249
Affordable Housing Network, Inc. (AHNI) ............................................................................................ 239, 250, 261
Agreements
28E ................................................................................................................................................................... 360
Coalition of Communities ................................................................................................................................ 364
Drug Abuse Resistance Education (DARE) ....................................................................................................... 417
FDA Five-Year Single Signature Long-Term Food Information Sharing ............................................................ 181
Five Flags Civic Center Study............................................................................................................................ 195
Flexsteel Industries, Inc. Redevelopment Project ............................................................................................ 139
Institutional Network of Fiber (I-Net) .............................................................................................................. 182
Julien Dubuque Bridge Sidewalk Maintenance ................................................................................................ 266
Lead Hazard Control and Healthy Homes Funding .......................................................................................... 294
Local Primary Highway Maintenance .............................................................................................................. 266
Master Co-location and Shared Services ......................................................................................................... 182
Pavement Markings ......................................................................................................................................... 266
School Resource Officer (SRO) ......................................................................................................................... 417
Street Sweeping Maintenance ......................................................................................................................... 266
Traffic Signal Maintenance .............................................................................................................................. 266
Travel Dubuque to host the 2020 Growing Sustainable Communities Conference ......................................... 450
Airport Commission
Membership ............................................................................................................................................ 211, 250
Minutes .................................................................................................................................24, 55, 140, 178, 241
Airport Master Plan ............................................................................................................................................. 304
Alcohol Compliance Civil Penalty ................................................................................................................. 405, 421
Aldi, Inc #30 ......................................................................................................................................................... 406
All-America City ................................................................................................................................................... 264
Alliant Amphitheater ........................................................................................................................................... 274
Alliant Energy / Interstate Power & Light Company ............................................................................ 258, 273, 334
Alta Vista Urban Revitalization Plan .................................................................................................................... 426
Alta Vista, 1225 ................................................................................................................................................ 10, 23
Altered State, The ........................................................................................................................................ 145, 186
Alternative Service Concepts (ASC) ............................................................................................................... 81, 371
AMC Theatres ........................................................................................................................................................ 31
America’s River Corporation ................................................................................................................................ 248
American Council of Engineering Companies of Iowa (ACECI) ............................................................................ 241
American Legion Post .......................................................................................................................................... 249
American River Transportation Co. dba ARTCO Fleeting Services ....................................................................... 258
American Trust & Savings Bank ........................................................................................................................... 265
459 INDEX Book 149
America's River Festival ....................................................................................................................................... 165
AmeriCorps Partners in Learning .............................................................. 43, 72, 126, 155, 157, 294, 309, 390, 431
Annual Public Housing Agency (PHA) .................................................................................................................. 127
A-One Geothermal, Inc. ....................................................................................................................................... 451
Apel, William E. ............................................................................................................................................ 443, 444
Applebee's Neighborhood Grill and Bar .............................................................................................................. 273
Arbor Day Foundation ......................................................................................................................................... 155
Art on the River Exhibit ................................................................................................................................ 242, 265
ARTCO Fleeting Services ...................................................................... 258, See American River Transportation Co.
Arts and Cultural Affairs Advisory Commission ................................................................................................... 431
Grant Application ............................................................................................................................................. 255
Membership ............................................................................................................................ 211, 250, 261, 275
Minutes ............................................................................................... 55, 101, 140, 156, 264, 359, 390, 416, 440
Ordinance Amendments .................................................................................................................................. 456
Recommendation ............................................................................................................................................ 242
Arts and Cultural Affairs Master Plan Task Force ................................................................................................ 390
Asbury Road, 4400 ............................................................................................................................................... 180
Assessments
Delinquent Grass and Weed Cutting and Garbage Collection ........................................................................... 79
Public Right-of-Way Sidewalk Assessment Project .......................................................................................... 450
Snow Removal - Right-of-Way Obstruction Removal ...................................................................................... 158
Special Assessments Fund Transfers ................................................................................................................ 179
Twenty Second Street Storm Sewer Improvements Project – Phase I (Elm to White) ............................ 447, 448
Vacant and Abandoned Buildings and Problem Property ..................................... 80, 81, 242, 243, 267, 313, 420
Voluntary Sidewalk Repairs Needham Place (5th to 7th Streets) .................................................................... 313
Weed Cutting, Garbage and Junk Collection Accounts .......................................................... 45, 46, 79, 403, 404
Assisi Drive, 1001 (Stonehill/Assisi Village) ............................................................ 319, 339, See Request to Rezone
AT&T .................................................................................................................................................................... 104
Audubon School's ................................................................................................................................................ 117
Avenarius,Dick, 1881 Keymont Ct. ....................................................................................................................... 439
Aviles, Jesus, Dubuque Racing Association President and CEO ..................................................................... 81, 422
Awards
2019 Grand Conceptor .................................................................................................................................... 241
American Council of Engineering Companies’ National Recognition ............................................................... 241
American Public Works Association (APWA) 2019 Top Ten Public Works Leader of the Year ........................ 178
Connected World Magazine's "Women of the Machine 2 Machine/Internet of Things"(WoM2M and IoT) .. 241
D.A.R.E 2019 Outstanding Instructor ............................................................................................................... 308
D.A.R.E. Officers Association 5-Star Volunteer ................................................................................................ 359
Government Finance Officers Association (GFOA) Certificate of Achievement for Excellence ....................... 282
Grand Prize, The American Council of Engineering Companies of Iowa 2019 ................................................. 241
Iowa Environmental Association “Rookie of the Year” .................................................................................... 178
Iowa Tourism Outstanding Community ..................................................................................................... 54, 101
National Civic League All-America City ............................................................................................................ 264
Standout Community Organization Pursuing Equity (S.C.O.P.E.) ..................................................................... 416
The Women's Leadership Network Outstanding in Field, Marie Ware............................................................ 140
Thomas Determan S.C.O.P.E., Multicultural Family Center ............................................................................. 416
Three Hundred Sixty Five-ink (365-ink) Impact Award .................................................................................... 101
Tree City USA 2018 .......................................................................................................................................... 155
Axtell, Ron, 1895 Norland Dr. ................................................................................................................................ 85
B
Backpocket Brewing Taproom ..................................................................................................................... 146, 209
Bahl, Steve E. and Sandra Jean ............................................................................................................................ 328
Barbara A. Schlitzer Trust .................................................................................................................................... 181
Barrel House ................................................................................................................................................ 147, 406
Bartels, Ben .......................................................................................................................................................... 240
Bartels, Dean H. and Joan M. ............................................................................................................................... 361
Bartels, Merlin C. ................................................................................................................................................. 361
460 INDEX Book 149
BAS Development, LLC ............................................................................... 382, 408, See Development Agreements
Baymont Inn & Suites ............................................................................................................................................ 31
Bear Scout Pack #55, Kennedy Elementary School .............................................................................................. 126
Beard, Benjamin .................................................................................................................................................. 319
Beard, Benjiamin, Straka Johnson Architects ...................................................................................................... 123
Becker, Dave, Cottingham & Butler President and CEO ...................................................................................... 452
Bee Branch Creek Railroad Culvert Groundbreaking ........................................................................................... 286
Bee Branch Flood Mitigation Gate & Pump Replacement Project........ See Sixteenth Street Detention Basin Flood
Gates Project
Bee Branch Healthy Homes Administrative Plan ................................................................................................. 397
Bee Branch Watershed Flood Mitigation ............................................................................................................. 177
Beecher Liquor ........................................................................................................................16, 129, 165, 186, 422
Beechers Co. Inc .................................................................................................................................................. 118
Beinborn, Charles, 2615 Hillcrest Rd. .................................................................................................................. 425
Bel Aire Home Improvement, LLC ........................................................................................................................ 173
Bell Street, 385 .................................................................................................................................................... 157
Bell Tower Productions ........................................................................................................................................ 296
Belton, Kimberly L. ............................................................................................................................................... 259
Betsch, Ken, of Betsch Associates ........................................................................................................................ 413
Big 10 Mart .................................................................................................................................... 16, 250, 421, 422
Big Life Small Community campaign .................................................................................................................... 152
Big Life, Small City, You’re Home in Dubuque Campaign ............................................. 152, 200, 240, 323, 324, 368
Bishop Block – 90 Main Street ............................................................................................................................. 446
Blackstone Environmental ........................................................................................................................... 296, 316
Blaskovich, Natalia ............................................................................................................................................... 240
Blau, McKenzie, 1548 Pego Ct ............................................................................................................... 73, 211, 251
Blu Room ............................................................................................................................................................. 422
Blum Properties, Inc. ........................................................................................................................................... 456
Blum Site ............................................................................................................... 175, 176, 177, 206, 296, 314, 376
Blum, Alvin ........................................................................................................................................................... 456
Board and Brush Creative Studio ......................................................................................................................... 146
Bodish, Becky ....................................................................................................................................................... 240
Bolt, Rob, 1718 Sharon Drive ................................................................................................................................. 19
Bolton & Menk, Inc. ............................................................................................................................................. 435
Bonds ................................................................................................................................................................... 160
Amending Paying Agent, Bond Registrar and Transfer Agent Agreements ....................................................... 12
General Obligation Bonds Series 2019 A, B, C and D ............................................................................... 133, 171
Sewer Capital Loan Notes (SRF) ....................................................................................................................... 195
Sewer Revenue Capital Loan Notes ................................................................................................... 57, 195, 399
Stormwater Utility Revenue Capital Loan Notes (SRF Program) .................................................... 17, 48, 70, 105
Tax Increment Revenue Obligations .................................................................................................................. 16
Taxable General Obligation Bonds ........................................................................................................... 196, 215
Tax-Exempt General Obligation Bonds, Series 2019A,C,D ....................................................................... 196, 215
Urban Renewal Tax Increment Revenue obligations ....................................................................................... 130
Water Revenue Capital Loan Notes ................................................................................................. 166, 194, 268
Bott, Robert, 1718 Sharon Dr ................................................................................................................................ 86
Boy Scouts of America Northeast Iowa Council ................................................................................................... 242
BP Fuel ................................................................................................................................................................. 186
BP, Gas Station .................................................................................................................................................... 118
Bradley, Robert .................................................................................................................................................... 165
Brandel, Angie ..................................................................................................................................................... 358
Braun Intertec ...................................................................................................................................................... 376
Brazen Farm to Table Urban BBQ ........................................................................................................................ 187
Brazen Open Kitchen Bar ............................................................................................................................... 16, 422
Brewing & Malting ............................................................................................. 210, See Development Agreements
Bridge Restaurant ................................................................................................................................................ 437
Bries Holding, LLC .................................................................................................................................................. 30
Brimeyer, Kathy, 2226 Jackson St. ....................................................................................................................... 425
Brooklynn Enterprises, LLC .................................................................................................................................. 158
461 INDEX Book 149
Brown, Kenneth and Valeta A. ............................................................................................................................. 207
Brownfields Multipurpose ........................................................................................................................... 204, 205
Budget ...................................................................................................... 91, 92, 142, 179, 243, 244, 282, 290, 360
Amendments ................................................................................................................... 132, 150, 318, 398, 409
Buesing and Associates, Inc. ........................................................................................................ 145, 159, 167, 193
Buffalo Wild Wings .............................................................................................................................................. 209
Building Code and Advisory Appeals Board
Membership ............................................................................................................................ 147, 169, 423, 439
Building Code Board of Appeals
Minutes ............................................................................................................................................................ 264
Bulletproof Vest Partnership (BVP)...................................................................................................................... 372
Bunker Hill Golf Course ........................................................................................................................................ 129
Burds, Jeff ...................................................................................................................................................... 61, 206
Business License Refunds ...................................................................................................................... 16, 129, 334
BVM-PHS Senior Housing, Inc. ............................................................................................................................. 293
Byrne Software Technologies .............................................................................................................................. 128
C
Cable TV Commission .......................................................................................................................... 179, 243, 373
Grant Requests ................................................................................................................................................ 361
Membership ............................................................................................................................................ 136, 147
Minutes ....................................................................................................................... 24, 101, 156, 241, 359, 370
Camp Albrecht Acres ........................................................................................................................................... 316
Campaign for Grade Level Reading ........................................................................................................................ 43
Cantracts
Grand River Center Facility Management ........................................................................................................ 103
Caradco Building .................................................................................................................................................. 422
Care Initiatives ........................................................................................................... 104, See Property Tax Appeals
Carich Properties LLC ........................................................................................................................................... 446
Carlos O'Kelly's Mexican Cafe .............................................................................................................................. 398
Carolyn S. Haupert Trust ........................................................................................................................ 68, 120, 121
Casey's General Store .................................................................................................................... 31, 145, 186, 296
Catfish Charlies .................................................................................................................................................... 187
Catfish Charlie's ........................................................................................................................................... 146, 273
Catfish Creek Watershed Management Authority
Minutes .......................................................................................................................................... 7, 55, 140, 241
Cavanaugh, Brad .......................................................................................................................... 290, 411, 414, 424
CB&I, LLC of Plainfield, Illinois ..................................................................................................................... 138, 139
CDs 4 Change ....................................................................................................................................................... 186
Cedar Valley Friends of the Family ...................................................................................................................... 328
Cede & Co. ........................................................................................................................................... 217, 220, 231
Cellular Telephone L.P. (U.S. Cellular) .......................................................................................................... 321, 365
Census Partnership Program ............................................................................................................................... 363
Central Avenue ...................................................................... 119, 136, 187, 272, 361, 372, See Request to Rezone
Central Avenue Corridor Streetscape Master Plan ................................................................................ 16, 139, 176
Central Avenue, 2887 and 2901 (the former Holy Ghost School) ............................................................................ 9
Central Grocery and Beauty, Inc .......................................................................................................................... 317
Central Market, Restricted Parking ......................................................................................... See Farmers' Markets
Certified Local Government (CLG) ................................................................................................................. 76, 329
Chandlee, Chad .................................................................................................................................................... 300
Chaplain Schmitt Island Task Force ...................................................................................................... 200, 239, 263
Chaplain Schmitt Island Veteran's Memorial ....................................................................... 163, 258, 281, 310, 451
Charlotte's Coffee House ............................................................................................................................. 146, 316
Chavenelle Road - McFadden Farm Place ............................................................................................................ 394
Chavenelle Road Hike-Bike Trail .......................................................................................................................... 260
Chavenelle Road, 7500 ........................................................................................................................................ 283
Child Care Centers ............................................................................................................................................... 454
Childcare Pilot Project Funding .............................................................................................................................. 39
462 INDEX Book 149
Childhood Lead Poisoning Prevention Program .................................................................................................. 294
Chipotle Mexican Grill ......................................................................................................................................... 377
Chopper's, ............................................................................................................................................................ 118
CHS Forwards, LLC ............................................................................................................................................... 254
Citizen Petitions ............................................................................................................................. 30, 117, 365, 376
City Council Goals and Priorities .......................................................................................................................... 391
City Council Meetings, Guidelines for Cancelation ................................................................................................ 72
City-Owned .................................................................................................................................. 170, 174, 366, 407
Civic Center Advisory Commission
Membership ............................................................................................................................................ 211, 251
Civil Service Commission
Certified Lists ............................................. 12, 26, 78, 79, 102, 127, 162, 242, 272, 290, 329, 375, 376, 404, 441
Minutes ............................................................................... 75, 101, 156, 178, 264, 289, 326, 370, 402, 430, 440
Clark, Derek, 1086 Wood Street ............................................................................................................................ 37
Clarke University .......................................................................................................................................... 146, 157
Climate Action Plan...................................................................................................................................... 158, 286
Clubhouse, The .............................................................................................................................................. 83, 187
Coating Inspection, LLC ........................................................................................................................................ 316
Cohen-Esrey Development Group, LLC .............................................................. 8, 9, See Development Agreements
Collective Bargaining Agreement ...........................................................................................81, 142, 143, 257, 310
Collins, Gary, Crescent Community Health Center CEO ....................................................................................... 289
Comelec Internet Services ................................................................................................................................... 128
Comiskey Park Engagement, Design, Construction Management and Grant Administration ............................... 14
Commercial Flooring ............................................................................................................................................ 294
Community Attraction and Tourism (CAT)............................................................................................................. 77
Community Development Advisory Commission
Membership ............................................................................................. 33, 48, 69, 85, 120, 136, 147, 423, 439
Minutes ............................................................................................. 101, 140, 178, 203, 289, 308, 390, 402, 430
Ordinance Amendments .......................................................................................................................... 262, 284
Recommendations ..................................................................................................................................... 53, 174
Community Development Block Grant (CDBG)... 28, 32, 53, 131, 132, 150, 152, 238, 239, 245, 246, 272, 284, 327,
360, 371, 372, 396, 397
Community Foundation of Greater Dubuque ....................................................... 100, 154, 157, 243, 288, 401, 429
Community Housing Initiative (CHI) ...................................................................................................................... 27
Community Perceptions Survey............................................................................................................................. 99
Comprehensive Plan .............................................. 14, 40, 69, 91, 124, 168, 177, 201, 204, 266, 290, 329, 414, 429
Connected World Magazine ................................................................................................................................ 241
Connolly, Matthew J. and Spring J. ...................................................................................................................... 104
Connors, Joyce, 660 Edith St. ............................................................................................................................... 339
Consent Decree ........................................................................................................................................... 141, 375
Consolidated Annual Performance and Evaluation Report (CAPER) .................................................................... 327
Consolidated Plan and Analysis of Impediments, 2021-2025 .............................................................................. 294
Consolidation and Expansion of Urban Revitalization Districts ................................................................... 304, 325
Continuum of Care Program ................................................................................................................................ 294
Contracted Service Agreements
Four Mounds HEART Program for Fiscal Year 2020 ......................................................................................... 396
Washington Tool Library for Fiscal Year 2020.................................................................................................. 396
Contracted Services
America's River Corporation ............................................................................................................................ 248
Crescent Community Health Center ................................................................................................................ 248
Dubuque Area Labor Management Council..................................................................................................... 248
Dubuque Main Street ...................................................................................................................................... 248
DuRide ............................................................................................................................................................. 248
Greater Dubuque Development Corporation (GDDC) ..................................................................................... 248
Hills & Dales Senior Lifetime Center for Fiscal Year 2020 ................................................................................ 397
Inclusive Dubuque ........................................................................................................................................... 248
Operation New View Community Acton Agency ............................................................................................. 248
Project H.O.P.E................................................................................................................................................. 248
Travel Dubuque ............................................................................................................................................... 249
463 INDEX Book 149
Contracts
Byrne Software Technologies to provide advanced scripting and reporting services ..................................... 128
Comelec Internet Services, expand fiber services within the Dubuque Industrial Park .................................. 129
Design Mill, Inc. Third Amendment to Iowa Values Funds Financial Assistance ................................................ 77
Economic Development Authority (CDBG) National Disaster Resilience Grant (Contract #13-NDRH-001) ..... 131
Grand River Center Decorative Concrete Repairs .............................................................................................. 47
Healthy Homes and Childhood Lead Poisoning Prevention Program .............................................................. 294
Iowa Great Places .............................................................................................................................................. 12
Jule Transit College and University Partnership............................................................................................... 157
Transit Partnership with Clarke University, Loras College and the University of Dubuque ............................. 157
Twenty Second Street and Kaufmann Avenue Storm Sewer Improvements (White St. to Kleine St.) .............. 32
Convention, Sports and Leisure International (CSL) ............................................................................................ 195
Convivium Urban Farmstead ................................................................................................................................. 63
Cook, HR, SMG General Manager .................................................................................................................. 88, 339
Cooley,George, 2255 Francis St. .......................................................................................................................... 439
Copper Kettle, Inc., The ....................................................................................................................................... 377
Corner Grill .......................................................................................................................................................... 118
Cottingham & Butler Insurance Services, Inc. .............................................................................. 431, 432, 437, 452
County Tax Increment Finance (TIF) Report, Fiscal Year 2021 ............................................................................. 433
Courtney, Jill, Four Mounds Foundation Operations Marketing Manager .................................................... 33, 240
Coyle, Mike, 1398 Central Avenue ....................................................................................................................... 452
Crawford, Merrill, 2110 Jonathon Lane ................................................................................................................. 18
Crescent Community Health Center .................................................................................... 123, 141, 248, 263, 372
Creslanes Bowling ................................................................................................................................................ 258
Crown Cork & Seals USA, Inc. ...................................................................................................................... 320, 321
Crown Holdings, Inc ..................................................................................................................... 282, 283, 320, 368
CS Technologies ................................................................................................................................................... 182
CSB Consulting Company ............................................................................................................. 272, 361, 431, 446
Cummings, Taylor, Travel Dubuque ..................................................................................................................... 154
Curtis Street, 1590 ............................................................................................................................................... 281
D
D&D Concrete, Inc ................................................................................................................................. 77, 146, 435
D.A.R.E. Officers Association ....................................................................................................................... 308, 359
Daack-Riley, Rachel K. .......................................................................................................................................... 247
Dahlstrom, Brent, Merge Urban Development Group ........................................................................................ 424
Dalton, Hilary ............................................................................................................................... 423, 424, 429, 439
Daughters, Robert ................................................................................................................................................. 33
Days Inn & Spirits Bar & Grill ............................................................................................................................... 186
Days of Peace Committee .................................................................................................................................... 359
Decker, Phyllis F. The Estate of ...................................................................... 143, See Pre-Annexation Agreements
Delaney, Joe ......................................................................................................................................................... 423
Delaying, postponing or canceling City Council meetings ..................................................................................... 40
Denny's Lux Club .................................................................................................................................................. 377
Depreciation and Improvement (D&I) Fund ........................................................................................................ 437
Design Mill, Inc ...................................................................................................................................................... 77
Development Agreements
BAS Development, LLC ............................................................................................................................. 382, 408
Brewing & Malting ........................................................................................................................................... 210
Cohen-Esrey Development Group, LLC ................................................................................................................ 8
Dubuque Initiatives .......................................................................................................................................... 433
Dupaco Community Credit Union ........................................................................................................ 16, 33, 333
Dupaco Voices, LLC .............................................................................................................................. 16, 33, 333
Horizon Development Group, Inc. ....................................................................................................................... 9
Marquette Hall, LLC ................................................................................................................................. 167, 195
Merge, LLC ....................................................................................................................................... 377, 424, 435
Metx, LLC ................................................................................................................................................. 391, 404
Prairie Farms Dairy, Inc. ........................................................................................................................... 119, 136
464 INDEX Book 149
Progressive Processing, LLC ..................................................................................................................... 381, 407
Roshek Property ...................................................................................................................................... 437, 452
Steeple Square (SS) Event Center, LLC ............................................................................................................. 144
Three Amigos, LLC.................................................................................................................................... 130, 148
Three Thousand Jackson, LC .................................................................................................................... 210, 252
Unison Solutions, Inc. ...................................................................................................................................... 408
Walter Development, LLC ........................................................................................................ 382, 383, 407, 408
Weaver Castle LLC ........................................................................................................................................... 333
Devon Drive ................................................................................................................................................. 163, 164
Diamond Jo Casino .............................................................................................................................................. 258
Diamond Vogel Paint ........................................................................................................................................... 273
Dickinson, Rick, Greater Dubuque Development Corporation President and CEO ..... 33, 40, 50, 99, 101, 152, 215,
240, 282, 324, 368, 439, 452
Dietzel, Kristen, Workforce Solutions for the Greater Dubuque Development Corporation Vice President...... 152,
324, 424
Dietzel, Molly, 2651 Broadway ............................................................................................................................ 429
Dimensional Brewing Co ...................................................................................................................................... 118
Dimensional Brewing Company ........................................................................................................................... 406
Disaster Mitigation Act of 2000 (“Disaster Mitigation Act”) ................................................................................ 142
Disposition of Claims 7, 24, 42, 55, 75, 101, 126, 140, 156, 178, 203, 241, 255, 264, 289, 309, 326, 359, 371, 390,
402, 430, 440
Distinctively Dubuque .......................................................................................................................................... 324
Dittmer Recycling, Inc. ............................................................................................................................................. 7
Diversity, Equity and Inclusion (DEI) ............................................................................................................ 154, 358
Doctor-on-Demand Co-Payments ........................................................................................................................ 127
Dodge Street, 3500 ................................................................................................................................................ 35
Dog House Lounge ............................................................................................................................................... 406
Dollar General Store ...................................................................................................................................... 63, 186
DollarWise ....................................................................................................................................................... 11, 12
Dolphin, Dean J. and Catherine J. ........................................................................................................................ 374
Donald, James ................................................................................................ 13, See Pree-Annexation Agreements
Downtown Billiards.............................................................................................................................................. 249
Drahozal, Steve, Operation New View Board President ........................................................................................ 24
Drake House LLC .................................................................................................................................................. 446
Drew Cook & Sons Excavating Company, Co., Inc. . 29, 160, 165, 185, 209, 255, 258, 311, 314, 315, 316, 360, 365,
404, 405, 449
Driftless Catering ................................................................................................................................. 316, 369, 370
Driftless Catering, LLC .................................................................................................................................. 369, 370
Drug Abuse Resistance Education (DARE) ................................................................................................... 417, 445
DUBKIN, LLC ......................................................................................................................................................... 331
Dubuque Arboretum Association Inc ................................................................................................................... 129
Dubuque Area Labor-Management Council ................................................................................................ 129, 248
Dubuque Arts and Culture Master Plan ............................................................................................................... 413
Dubuque Assembly of God, Inc............................................................................................................................ 161
Dubuque Bank and Trust Company (DB&T) ................................................................................................. 144, 432
Dubuque Bowling Lanes ...................................................................................................................................... 249
Dubuque Children's Zoo ................................................................................ 146, See Storybook Hill Children's Zoo
Dubuque Co. Energy District ................................................................................................................................ 334
Dubuque County Board of Health........................................................................................................................ 294
Dubuque County Conservation Board ................................................................................................................. 431
Dubuque County Energy District ......................................................................................................................... 334
Dubuque County Fine Arts Society ...................................................................................................................... 147
Dubuque County Food Policy Council (DCFPC) .................................................................................................... 290
Dubuque County Historical Society ..............................................................................................31, 49, 62, 82, 327
Dubuque County Multi-Jurisdictional Hazard Mitigation Plan............................................................................. 142
Dubuque County Supervisors .............................................................................................................................. 431
Dubuque DREAM Center ............................................................................................................. 153, 295, 300, 307
Dubuque Golf & Country Club ....................................................................................................................... 16, 242
Dubuque Home Designs ...................................................................................................................................... 365
465 INDEX Book 149
Dubuque Industrial Center ................................... 160, 161, 244, 245, 282, 283, 328, 381, 384, 385, 388, 406, 418
Dubuque Industrial Park ...................................................................................................................................... 129
Dubuque Initiatives ................................................ 23, 88, 139, 388, 433, 452, 453, See Development Agreements
Dubuque Irish Hooley .......................................................................................................................................... 274
Dubuque Jaycees ................................................................................................................. 118, 165, 262, 335, 417
Dubuque Lodge.................................................................................................................................................... 146
Dubuque Main Street ............................................................................................... 33, 56, 147, 185, 248, 258, 316
Dubuque Metropolitan Area Solid Waste Agency (DMASWA) ...................................................................... 30, 415
Dubuque Metropolitan Area Transportation Study (DMATS).............................................................................. 252
Dubuque Mining Co ....................................................................................................................................... 83, 186
Dubuque Museum of Art ............................................................................................................................. 249, 256
Dubuque Police Protective Association ............................................................................................................... 257
Dubuque Racing Association ................................................................................................. 81, 255, 257, 422, 436
Dubuque Regional Airport ............................................................................................................................. 52, 256
Dubuque Religious Center, Inc .............................................................................................................................. 47
Dubuque Renters’ Union ............................................................................................................................... 37, 203
Dubuque Rescue Mission..................................................................................................................................... 376
Dubuque South Pointe, LLC ................................................................................................................................... 29
Dubuque Sports Complex .................................................................................................................................... 144
Duehr, Derek, 3395 Ventura Ct. .......................................................................................................................... 424
Duluth Trading Company ..................................................................................................................................... 368
Dungeon, The ........................................................................................................................................................ 63
Dunican, James .................................................................................................................................................... 154
Dupaco Community Credit Union ......... 16, 17, 33, 34, 56, 104, 161, 265, 331, 333, See Development Agreements
Dupaco Holding, LLC ...................................................................................................................................... 56, 104
Dupaco RE Management, LLC .............................................................................................................................. 104
Dupaco Voices, LLC ....................... 16, 17, 33, 34, 56, 104, 209, 274, 298, 333, 453, See Development Agreements
DuRide ........................................................................................................................................................... 56, 248
Duster, Mary, Mercy Hospital ................................................................................................................................ 41
Duster, Paul, Community Foundation of Great Dubuque Director of Community Initiatives ............... 41, 154, 358
E
Eagle Country Market .......................................................................................................................... 145, 186, 377
Eagle Point Park ................. 16, 57, 141, 166, 168, 169, 244, 247, 261, 274, 275, 283, 304, 316, 320, 329, 330, 399
Eagle Valley Park .................................................................................................................................................. 433
Eagle Window & Door, Inc ..................................................................................................................................... 42
Eagles Club ........................................................................................................................................................... 118
Easements
Permanent Sanitary Sewer and Underground Electric, Steeple Square / Jackson Street Alley ......................... 62
Permanent Storm Sewer Utilities at 800 Laurel Street .................................................................................... 247
Public Utility Easements for Padre Pio Health Care Center, Inc ....................................................................... 317
Vacate Public Utility on Lot 3 of Plaza Court, 1590 Curtis Street ..................................................................... 259
Water Main and Sanitary Sewer Utilities, Marquette Place ............................................................................ 296
East 12th Street, 1000 ......................................................................................................................................... 332
East 15th Street, 101 ............................................................................................................................................ 144
East Central Development Corporation (ECDC) ........................................................................... 295, 365, 391, 392
East Central Intergovernmental Association (ECIA) ............................................................................. 131, 150, 245
Eastern Iowa Asphalt Maintenance, Inc. ..................................................................................................... 296, 316
Eastern Iowa Excavating & Concrete, LLC ..................................................................... 255, 334, 360, 365, 392, 393
East-West Corridor Moratorium Extension ......................................................................................................... 341
Easy Street ............................................................................................................................................. 83, 118, 186
EB Lyons Interpretive Center ........................................................................................................................... 73, 91
Eboh, Collins, Community Foundation of Greater Dubuque Equity Coordinator .......................................... 41, 358
Ecological Services, Inc. ....................................................................................................................................... 157
Economic Development Administration (EDA) ............................................................................................ 159, 245
Ehrlich Properties, LLC ........................................................................................................................................... 69
Eighty-Four Main Street, LLC ............................................................................................................................... 431
El Paisano Grocery Store ........................................................................................................................................ 31
466 INDEX Book 149
Electrical Code Board
Membership ............................................................................................................................................ 261, 275
Elm Street, 1800 .......................................................................................................................................... 145, 419
Elmwood Drive .................................................................................................................................... 168, 213, 214
Emerald Ash Borer Program ................................................................................................................................ 307
Emmons & Olivier Resources, Inc. ......................................................................................................................... 16
Employee SPIRIT Awards ..................................................................................................................................... 178
English Ridge Subdivision............................................................................................................................. 266, 364
English Ridge, LLC ........................................................................................................................................ 267, 364
Enterprise Resource Planning (ERP) .................................................................................................................... 329
Equitable Community of Choice Public Information Brochure ............................................................................ 127
Equitable Poverty Prevention Plan .............................................................................................................. 286, 368
Equitable State of Choice ..................................................................................................................................... 391
Equity, Diversity and Inclusion ............................................................................................................................. 105
Erba, Antonin (Nino) ................................................................................................. 51, 52, 72, 74, 88, 92, 215, 424
Euclid Street ......................................................................................................................................................... 255
Eudaley-Loebach, Candace, 1715 Glen Oak Street .............................................................................................. 452
Europa Haus Restaurant & Bierstube .................................................................................................................. 398
Evants, Donna M. ................................................................................................................................................. 104
EZ Stop II .............................................................................................................................................. 369, 370, 377
F
Fair Housing Consolidated Plan and Analysis of Impediments ............................................................................ 360
Fair Market Value ............................................................................................................................................ 15, 86
Faj Squad 5K ........................................................................................................................................................ 210
Family Dollar ........................................................................................................................................................ 186
Fareway Stores .................................................................................................................................................... 250
Fareway Stores, Inc .............................................................................................................................................. 118
Farley & Loetscher Buildings................................................................................................................................ 280
Farmers’ Markets................................................................................................................................... 89, 174, 175
Fas Mart ....................................................................................................................................................... 186, 273
Fassbinder, Tony .................................................................................................................................................... 30
Fast Freddy's ........................................................................................................................................................ 398
Fat Tuesday's ....................................................................................................................................................... 365
Federal Communications Commission (FCC) ......................................................................................................... 20
Federal Emergency Management Agency (FEMA) ...................................................................... 142, 206, 363, 372
Federal-Aid SWAP Funding Agreement ............................................................................................................... 445
Fee Schedule ................................................................................................................................. 30, 356, See Rates
Feehan, Sam, 1055 Kelly Lane ............................................................................................................................. 424
Ferren-Eller, Katrine ............................................................................................................................................ 154
Field of Dreams .................................................................................................................................................... 327
Fiesta Cancun Authentic Mexican Restaurant ..................................................................................................... 377
Firefighters “Hall of Flame.” ................................................................................................................................ 176
First & Main ......................................................................................................................................................... 273
First Reading ................................................................................................................... 20, 261, 262, 319, 321, 322
Fischer Lanes ....................................................................................................................................................... 258
Five Flags Center .................................................................................................................................................. 249
Five Flags Center Advisory Commission............................................................................................................... 413
Five Flags Civic Center ................................................................................................ 71, 72, 88, 142, 195, 334, 339
Five Flags Civic Center Commission ..................................................................................................................... 414
Minutes .......................................................................................................................................... 7, 55, 140, 254
Five Flags Civic Center Study ......................................................................................................................... 88, 413
Five hundred sixty three-Design (563Design) ...................................................................................................... 316
Flexsteel Industries, Inc. .......................................................................................................139, 157, 245, 388, 389
Flood Insurance Rate Map ................................................................................................................................... 206
Foundation, Jeffris ............................................................................................................................................... 327
Fountain of Youth ........................................................................................................... 33, 295, 307, 358, 441, 457
Four Mounds Foundation ............................................................................................................................ 200, 240
467 INDEX Book 149
Four Mounds HEART (Housing Education and Rehabilitation Training) Program ................................ 246, 396, 456
Four Mounds Park ............................................................................................................................................... 104
Four Oaks Family and Children's Services ............................................................................................................ 295
Franklin D. Roosevelt Park ........................................................................................................... 165, 267, 430, 431
Frantz Family Properties, LLC ............................................................................................................................... 254
Freiburger, Mikayla .............................................................................................................................................. 290
Fuerst, Paul, 15 S. Algona Street .......................................................................................................................... 452
Fuji Asian Buffet ..................................................................................................................................................... 31
Full Circle Management, Fifteenth Street Apartments ........................................................................................ 402
G
Gage, Stacy L. ....................................................................................................................................................... 103
Gallagher Benefit Services, Inc. ........................................................................................................................... 295
Gallagher Risk Management Services .................................................................................................................. 334
Gallagher, Jandell R. and Christopher L ............................................................................................................... 104
Gansen Excavating, Inc. ............................................................................................................................... 128, 182
Gansen, Corey, 9000 Bellevue Heights .................................................................................................................. 92
Gardner, Mallory ................................................................................................................................................. 154
Garfield Avenue, 2325 ........................................................................................... 189, 190, See Request to Rezone
Garfield Avenue, 2387 ......................................................................................................................................... 428
Gebhart, Carol, Opening Doors Executive Director ............................................................................................... 33
Giese Roofing Company ....................................................................................................................................... 209
Gillenwater, Leon R.............................................................................................................................................. 104
Gin Rickey’s ............................................................................................................................................................ 47
Gold Standard Athletics ......................................................................................................................................... 83
Goldstein, Scott, of Teska Associates ................................................................................................................... 323
Gomez, Brooke, Crescent Community Health Center Interim CEO ..................................................................... 123
Goodmann Miller, Ellen, Gronen Properties Community & Resource Development Specialist .......................... 240
Government Finance Officers Association (GFOA) ...................................................................................... 282, 329
Grace Street ................................................................................................................... 148, See Request to Rezone
Graham, Heather ................................................................................................................................................. 300
Grand Harbor Resort & Water Park ..................................................................................................................... 422
Grand River Center ................ 47, 70, 72, 77, 103, 146, 152, 256, 265, 296, 305, 306, 307, 334, 377, 403, 435, 436
Grand Tap ............................................................................................................................................................ 377
Grant Applications
84 Main, LLC Downtown Rehabilitation........................................................................................................... 431
AmeriCorps Partners in Learning ....................................................................................... 43, 157, 294, 309, 431
Bee Branch Creek Culvert Inlet Structure (Flood Gates) and Stormwater Pumping Station ........................... 159
DollarWise Innovation ....................................................................................................................................... 11
Eagle Point Park Phase I Archeological Survey ........................................................................................ 141, 329
Fiscal Year 2020 Arts Operating Support and Special Project .......................................................................... 255
Hitzler Rental, LLC ............................................................................................................................................ 372
Implementing Environmental Restoration Management Plan in Eagle Point Park Phase 3 ............................ 304
Iowa Department of Natural Resources, Bee Branch Beekeepers Campaign .................................................. 266
Iowa Department of Transportation, Traffic Safety Improvement .................................................. 256, 309, 330
Iowa Finance Authority, State Housing Trust Fund.......................................................................................... 330
Land and Water Conservation Fund (LWCF) ...................................................................................................... 76
Lead-Based Paint Hazard Control Grant # IALHB0667-18 ................................................................................ 205
Local College Access Network .......................................................................................................................... 243
National Disaster Resilience (CDBG-NDR) Housing Grant (#13-NDRH-001)..................................................... 150
National Mississippi River Museum & Aquarium, Iowa DNR REAP Conservation Education Program (CEP) ... 403
National Trust of Historic Preservation, Mathias Ham House ................................................................... 82, 327
Sustainable Dubuque Grant Program .............................................................................................................. 142
U.S. Environmental Protection Agency (EPA,) ................................................................................................. 204
Grant Expenditure Request .................... 174, 179, 243, 361, 373, See Public, Educational, and Government (PEG)
Grant of Easements ............................................................................................................... 14, 128, 247, 321, 419
Dupaco Voices, LLC Mutual...................................................................................................................... 274, 298
Hike/Bike Trail and Public Utilities in Dubuque Industrial Center 7th Addition ............................................... 160
468 INDEX Book 149
Private Parking Lot Improvements, West 9th Street Right-of-Way ......................................................... 366, 386
Sanitary Sewer Utilities, Cedar Ridge Farm Place No. 16 ................................................................................. 161
Sanitary Sewer Utilities, Mississippi Heights Subdivision ................................................................................ 374
Sanitary Sewer Utilities, part of Cedar Lake..................................................................................................... 374
Sanitary Sewer Utilities, Silvia Property ........................................................................................................... 447
Sanitary Sewer Utilities, Zurcher Subdivision .................................................................................................. 103
Sidewalk and Public Utilities, 22nd St. and Kaufmann Ave. .............................................................................. 208
Sidewalk and Public Utilities, DUBKIN, LLC ...................................................................................................... 331
Sidewalk and Public Utilities, J.F. Kennedy Road and Hillcrest Road ............................................................... 331
Sidewalk and Public Utilities, Northwest Arterial, Pennsylvania Avenue Right Turn Lane .............................. 161
Water Main and Sanitary Sewer Utilities, Marquette Place ............................................................ 103, 291, 319
Grassley, Lee, Senior Manager of Government Relations for Mediacom Communications Company 258, 421, 431
Great Vape, The ................................................................................................................................................... 186
Greater Downtown Tax Increment Financing Urban Renewal District ................................................................ 330
Greater Downtown Urban Renewal District ................................................................................ 122, 130, 380, 424
Greater Dubuque Development Corporation (GDDC) 40, 50, 99, 137, 152, 157, 200, 215, 240, 248, 282, 304, 309,
321, 324, 368, 415, 439, 452
Green Iowa AmeriCorps Dubuque team .............................................................................................................. 334
Greenhouse Gas Inventory and Climate Action Plan ..................................................................... 43, 153, 155, 322
Gronen, John of Gronen Restoration ............................................................................................................. 54, 276
Growing Sustainable Communities Conference .................................................................................. 102, 402, 450
GRTD Investments, LLC ........................................................................................................................................ 208
H
Habitat for Humanity ................................................................................................................... 147, 170, 189, 212
Haggerty, Duane, Heritage Works ......................................................................................................................... 33
Hammerheads Bar & Billiards ................................................................................................................................ 63
Hammerheads Bar and Billiards .......................................................................................................................... 186
Happy Joe's Old-Fashioned Ice Cream & Pizza Parlor .......................................................................................... 406
Happy's Place ....................................................................................................................................................... 437
Harlan Street........................................................................................................................................................ 255
Harry Maglaris ..................................................................................................................................................... 366
Hartig Drug Co. ......................................................................................................... 47, 83, 146, 185, 186, 249, 282
HAVlife Tri-States ................................................................................................................................................. 165
Healthy Homes Program ...................................................................................................................................... 294
Hearn, Joe, Dupaco President and CEO ......................................................................................................... 33, 452
HEART (Housing Education and Rehabilitation Training) Program .............................................................. 240, 307
Heartland Financial USA, Inc. ....................................................................................................... 432, 437, 438, 452
Heartland Marimba Quartet Music ..................................................................................................................... 370
Hefel, Christopher M. .................................................................................................................. 104, 291, 296, 319
Helgerson, Nick A. and Sondra J. ......................................................................................................................... 208
Hemmer, Eric and Beth ........................................................................................................................ 366, 367, 387
Hempstead High School ....................................................................................................................................... 211
Hernandez, Isabel ................................................................................................................................................ 154
Hilgendorf, Emily ................................................................................................................................................. 261
Hill Street Plaza, Inc ............................................................................................................................................. 334
Hill Street, 535 ............................................................................................................................................. 146, 334
Hillary, Eric ........................................................................................................................................................... 300
Hillcrest Family Services ................................................................................................................................ 12, 421
Hilton Garden Inn .................................................................................................................104, 165, 180, 209, 316
Historic Millwork District Planned Unit Development (PUD)............................................................................... 276
Historic Preservation Commission
Membership ............................................................................................................................................ 211, 251
Minutes ................................................................................................................. 7, 101, 140, 156, 241, 264, 416
Recommendations ........................................................................................................................... 168, 169, 204
Historic Preservation Commission Fair Committee
Minutes .................................................................................................................................... 140, 156, 308, 326
Historic Resource Development Program (HRDP) ............................................................................................... 141
469 INDEX Book 149
Historic Route 20 Designation ............................................................................................................................... 25
Historic Tax Credit Report .................................................................................................................................... 372
Historic U.S. Route 20 Association, Inc. ........................................................................................................... 25, 26
Hitzler Rental, LLC ........................................................................................................................................ 372, 373
Hockenberry, David, 1015 W. 3rd Street .............................................................................................................. 425
Hodge Companies ................................................................................................................................................ 282
Hoffman, Mike, Teska Associates ........................................................................................................................ 201
Holiday Inn Dubuque Five Flags ........................................................................................................................... 451
Holy Family School District .................................................................................................................................. 445
Holy Spirit Church ................................................................................................................................................ 316
Homeland Security and Emergency Management Department (HSEMD) ........................................................... 403
Hops & Rye ............................................................................................................................................................ 83
Horizon Development Group, Inc. ............................................................. 9, 10, 23, See Development Agreements
Hormel Foods Corporation .................................................................................................................. 368, 411, 412
Horsfield Construction, Inc. ................................................................................................................................. 138
Horstmann, Doug, Dubuque Initiatives Board President ....................................................................................... 88
Hosett, Lt. Eric, Firefighter ..................................................................................................................................... 23
Hoskins, Stacy ...................................................................................................................................................... 300
Hot Mix Asphalt (HMA) Pavement ....................................................................................................... 187, 214, 253
Hotel Julian Dubuque .......................................................................................................................................... 129
Hotel Julien Dubuque .......................................................................................................................................... 422
Houlihan's .................................................................................................................................................... 165, 209
House of China Co................................................................................................................................................ 273
Housing Choice Voucher Program ............................................................ 8, 37, 38, 40, 54, 205, 397, 411, 412, 424
Housing Commission
Membership .................................................................................................................... 275, 298, 319, 406, 423
Minutes ............................................................................................................. 101, 156, 254, 264, 359, 370, 416
Housing Network, Inc .................................................................................................................................. 238, 239
Housing Trust Fund Advisory Committee ............................................................................................................ 330
Grant Application - Iowa Finance Authority .................................................................................................... 330
Membership .................................................................................................................... 261, 275, 298, 319, 363
Minutes .................................................................................................................................................... 326, 370
Houston Engineering, Inc. .................................................................................................................................... 403
Hub, The .............................................................................................................................................................. 146
Huhot Mongolian Grill ......................................................................................................................................... 398
Human Rights Commission
Membership ............................................................................................................................ 189, 211, 386, 398
Minutes ............................................................................................................... 75, 101, 156, 178, 308, 416, 440
Hunter, Charlie, 2875 Argyle................................................................................................................................ 252
Hutchinson, Shockey, Erley & Co. of Chicago, IL. ................................................................................................. 230
Hy-Vee ................................................................................ 16, 31, 63, 129, 186, 249, 273, 316, 377, 401, 405, 406
I
IADU Table Mound MHP, LLC d/b/a RV Horizons .................................... 123, See Table Mound Mobile Home Park
Ichiban Hibachi Steakhouse and Sushi Bar .......................................................................................................... 165
ICMA International Fellow ........................................................................................................... 305, 306, 307, 401
IIW, P.C. Professional Services ...................................................................................... 207, 266, 316, 366, 394, 395
Imagine Dubuque ........................................................... 91, 153, 154, 177, 201, 204, 240, 263, 307, 414, 424, 429
Improvement Contracts / Performance, Payment and Maintenance Bonds ....... 117, 129, 146, 165, 209, 249, 258,
273, 296, 334, 365, 376, 405, 421, 451
Inclusive Dubuque ............................................................................................................ 41, 71, 154, 248, 254, 358
Independent Public Advisors, LLC ................................................................................................................ 197, 198
Indigenous People’s Day ............................................................................................................... See Proclamations
Inspire Cafe .......................................................................................................................................................... 437
Institutional Network of Fiber (I-Net) .................................................................................................................. 182
Insurance Strategies Consulting .......................................................................................................................... 295
Integrated Parking Service (IPS) ........................................................................................................................... 421
Intent to Dispose City-Owned Property
470 INDEX Book 149
1000 Jackson Street ......................................................................................................................................... 274
1100 Roosevelt Street ............................................................................................................. 147, 170, 189, 212
1515 West 3rd Street ............................................................................................................................... 118, 137
1590 Curtis Street .................................................................................................................................... 259, 281
445 Loras Boulevard ................................................................................................................................ 250, 261
5301 Chavenelle Road ..................................................................................................................................... 382
799 Rush Street ....................................................................................................................................... 366, 387
Dubuque County Historical Society (DCHS ........................................................................................................ 49
Fifth Amendment Lease ..................................................................................................................................... 31
Greater Downtown Urban Renewal District to Merge, LLC ............................................................................. 424
Public Utility Easement of Lot 1-1-3 of Stone Hill Community Subdivision ..................................................... 336
two separately identified parcels totaling approximately 17.64 acres, referred to herein and in Exhibit B-2 as
Parcel A and Parcel B (the Property) ............................................................................................................ 383
Water Main and Sanitary Sewer Utilities, Lot 1 of Hefel Place, Marquette Place ........................................... 319
West 9th Street right-of-way ................................................................................................................... 366, 386
International Code Council, Inc. .......................................................................................................... 344, 346, 348
International I-Codes ................................................................................................................................... 322, 346
International Union of Operating Engineers .......................................................................................... 81, 143, 310
Investment Oversight Advisory Commission
Membership ...................................................................................................................................... 33, 211, 251
Minutes ...................................................................................................................................... 55, 156, 308, 402
Inwood Avenue ............................................................................................................................................ 207, 208
Iowa Caucuses ....................................................................................................................................................... 71
Iowa Chicago and Eastern Railroad ..................................................................................................................... 428
Iowa Communications and Technology Commission (ICN) ......................................................................... 118, 137
Iowa Communications Network (ICN ................................................................................................................... 118
Iowa Communications Network (ICN) ................................................................................................................. 137
Iowa Department of Natural Resources (IDNR) ............................................ 19, 45, 76, 91, 138, 155, 182, 196, 266
Iowa Department of Public Health (IDPH) ................................................................................................... 294, 360
Iowa Department of Transportation (IDOT)25, 44, 63, 117, 135, 163, 164, 170, 173, 256, 260, 266, 293, 300, 309,
330, 332, 360, 395, 445
Iowa Economic Development Authority (IEDA) .......... 56, 77, 78, 104, 131, 248, 265, 282, 320, 368, 411, 412, 431
Iowa Finance Authority Board ............................................................................................................................. 117
Iowa Governor's STEM Advisory Council ............................................................................................................. 117
Iowa Greyhound Association ............................................................................................................................... 257
Iowa League of Cities ..................................................................................................................................... 51, 334
Iowa Mitigation Board ......................................................................................................................................... 395
Iowa Partners for Conservation Grant ................................................................................................................. 403
Iowa Street Market ...................................................................................................................................... 186, 451
Iowa Student Aid Commission ............................................................................................................................. 243
IPS Group, Inc. ..................................................................................................................................................... 421
Isenhart, Charles, Representative .................................................................................................................. 10, 267
ITC Midwest Economic Impact ............................................................................................................................ 141
J
J&M Displays, Inc ................................................................................................................................................. 334
Jack's Lounge ....................................................................................................................................................... 187
Jackson Street ................................................................. 16, 17, 33, 34, 56, 105, 130, 148, 209, 272, 274, 333, 456
Jackson Street Redevelopment, LLC .................................................................................................................... 139
Jackson Street School, LLC ............................................................................................................................. 62, 145
Jaeger & Jaeger LLC ............................................................................................................................................... 61
Jansen, Michael, of IIW ........................................................................................................................................ 241
Java Joe's Coffee House ....................................................................................................................................... 129
Jayde's Vapor Lounge .......................................................................................................................................... 250
Jensen, Phil, Attorney .......................................................................................................................................... 190
Johanna Favrot Fund ............................................................................................................................................. 82
John F. Kennedy (JFK) Road ................................................................................................................. 273, 293, 330
Johnson, Eric C. and Jennifer ............................................................................................................................... 103
471 INDEX Book 149
Johnson, Ken, Straka Johnson Architects ............................................................................................................. 123
Johnson, Lisa ........................................................................................................................................................ 300
Joliet Building Corporation .................................................................................................................................. 146
Jones, Caprice, Fountain of Youth Director ........................................................................................................... 33
Jones, Lauren ....................................................................................................................................................... 300
JRK Properties, LLC............................................................................................................................................... 208
Jule Transit Operations and Training Center .................................. 89, 135, 146, 157, 158, 170, 181, 185, 204, 286
Jumper’s Sports Bar & Grill .................................................................................................................................. 398
Justice Assistance Grant (JAG) ..................................................................................................................... 295, 372
K
K&L Leasing Revocable License ............................................................................................................................ 405
Kaufmann Avenue, 2835...................................................................................................................................... 104
Keep Iowa Beautiful ............................................................................................................................................. 273
Kennicker, Robin, 2929 Elm St. .............................................................................................................................. 73
Kerper, Kaylee, 1560 Iowa Street .......................................................................................................................... 37
Key Way Drive ........................................................................................................... 19, 86, 117, 187, 211, 212, 434
Keymont Drive ................................................................................................ 19, 63, 64, 85, 86, 187, 211, 212, 434
Keystone Drive ................................................................................................................ 19, 63, 64, 85, 86, 212, 434
Keywest Conoco .................................................................................................................................................. 273
Kieffer, Nikki, President of Sedona Staffing ........................................................................................................... 54
Kimble, Robert ..................................................................................................................................................... 300
Kings, Kenneth ..................................................................................................................................................... 411
Kirby Buildings ..................................................................................................................................................... 280
Kivlahan Farms L.C. .............................................................................................................................................. 314
Klavitter, Laura..................................................................................................................................................... 429
Klein, Connie, 1861 Norland Dr ............................................................................................................................. 85
Kleine Street ................................................................................................................. 32, 70, 88, 89, 146, 207, 208
Kleinschrodt, Dale P. and Karen A. ...................................................................................................................... 208
Knepper, Steve............................................................................................................................................. 398, 399
Knicker's Saloon ........................................................................................................................................... 274, 398
Koehler, Vance F. ................................................................................................................................................. 208
Koehler-Plath, Lindsay ......................................................................................................................................... 208
Kohl's ................................................................................................................................ See Property Tax Appeals
Kone Elevator....................................................................................................................................................... 316
Konnexion, The .................................................................................................................................................... 186
Kress, Sharon ....................................................................................................................................................... 300
Krueger, Bill, Conventions Sports and Leisure International (CS&L) .................................................................... 413
Kruse, Kathleen C. ................................................................................................................................................ 103
Kueter Equipment Co........................................................................................................................................... 339
Kuhn, Josh .............................................................................................................................................................. 35
Kurczek, Jake ........................................................................................................................................................ 154
Kwik Star ...................................................................................................................................... 118, 186, 258, 274
Kwik Stop ................................................................................ 16, 129, 145, 146, 186, 274, 316, 377, 406, 422, 451
Kwik Stop Food Mart ........................................................................................................................................... 377
L
L. May Eatery ....................................................................................................................................................... 398
Lakeside Investments, LLC ................................................................................................................................... 446
Lamar Companies .......................................................................................................................................... 46, 365
Land and Water Conservation Fund (LWCF) .......................................................................................................... 76
Landlord's Priority Category Owner/Agent Guidesheet ........................................................................................ 56
Landover Corporation ...................................................................................... 8, 22, See Development Agreements
Larson, Kate, 35 East 19th St. ............................................................................................................................... 339
LCAN program...................................................................................................................................................... 429
Lea Lane ....................................................................................................................................................... 365, 434
Lead & Healthy Homes Work Plan ............................................................................................................... 397, 412
472 INDEX Book 149
Lead Grant Administrative Plan ........................................................................................................................... 397
Lead Hazard Control and Healthy Homes Funding Agreement ........................................................................... 294
League of Women Voters .................................................................................................................................... 401
Lease Agreements ............................................................................................................................................... 365
1515 West 3rd Street ............................................................................................................................... 118, 137
280 South Locust Street ............................................................................................................................. 46, 365
Deploy .............................................................................................................................................................. 321
Dubuque County Historical Society Ice Harbor Fifth Amendment............................................................... 31, 49
Dubuque Racing Association and Iowa Greyhound Association ...................................................................... 257
Federal Building space ..................................................................................................................................... 316
Mail Room Printer ................................................................................................................................... 335, 367
Postage Machine ..................................................................................................................................... 335, 367
Legacy Corporation ................................................................................................................................ 88, 129, 183
Legislative Correspondence ............................................................................................ 10, 37, 40, 63, 83, 157, 391
Legislative Priorities ....................................................................................................................................... 83, 404
Leibe Street ............................................................................................................................................................ 78
Leibold, Terry ....................................................................................................................................................... 155
Lemoke, Ethan J. .................................................................................................................................................. 104
Liberty Recovery Community .............................................................................................................................. 272
Library Board of Trustees
Membership ............................................................................................................................................ 211, 251
Minutes .................................................... 24, 42, 55, 101, 140, 156, 241, 264, 308, 326, 359, 370, 390, 416, 440
Library Board of Trustees Council Update
Minutes ............................................................................................................................................................ 289
Lift, The ................................................................................................................................................................ 274
Lina's Thai Bistro .................................................................................................................................................. 146
Link, Brian R. and Angella M. ........................................................................... 27, See Pre-Annexation Agreements
Link, James A. and Linda ...................................................................................................................................... 103
Liquor Tobacco & Gas .................................................................................................................................. 146, 186
Liquor Tobacco & Grocery ................................................................................................................... 146, 165, 186
LJR Investments, LLC ............................................................................................................................................ 371
LoBianco, Dan, Dubuque Main Street President and CEO ..................................................................................... 33
Locust Street, 700 .................................................................................................................358, 432, 433, 438, 453
Locust Tobacco & Liquor...................................................................................................................................... 334
Locust Tobacco and Liquor .................................................................................................................................. 186
Loewen, Donna, Local College Access Network (LCAN) Coordinator................................................................... 429
LoGuidice, Tom, 786 Stone Ridge Pl. ..................................................................................................................... 92
Long-Range Planning Advisory Commission .............................................................................................. 8, 91, 201
Membership .............................................................................................................................. 85, 120, 406, 423
Minutes .............................................................................................................................101, 140, 156, 203, 264
Loras Boulevard, 445 ........................................................................................................................... 250, 261, 310
Loras College ..................................................................................... 50, 99, 104, 146, 154, 157, 204, 361, 398, 431
Loras Environmental Action Forum and Sunrise Dubuque Hub .......................................................................... 431
Los Aztecas III Mexican Restaurant ..................................................................................................................... 249
Los Aztecas Mexican Rest .................................................................................................................................... 334
Lot One, LLC ......................................................................................................................................................... 146
Low-Income Housing Tax Credit .................................................................................................................. 9, 22, 23
Lutheran Services of Iowa .................................................................................................................................... 295
Lyons, David, Sustainable Innovation Consultant, Greater Dubuque Development Corporation 137, 321, 415, 424
M
Main Street ........................................................................................................... 164, 206, 209, 249, 331, 376, 432
Main Street Social ........................................................................................................................................ 118, 296
Main Street, 1640 .......................................................................................................... 121, See Request to Rezone
Mainline Excavation Co., Inc. ............................................................................................................... 247, 249, 291
Malcolm, Jenni ..................................................................................................................................................... 126
Maple Leaf Addition No. 4 (627 and 647 Louella Lane) ....................................................................................... 180
Marco's Italian American Food ............................................................................................................................ 146
473 INDEX Book 149
Mario's Italian Restaurant and Lounge .................................................................................................................. 31
Maro, Jerry, Dubuque Area Landlords’ Association President................................................................. 37, 92, 203
Marquette Hall, LLC ................................................................................... 167, 195, See Development Agreements
Marquette Place ................................................................................................. 64, 65, 87, 103, 125, 146, 296, 319
Marting, Lance L. and Lori A. ............................................................................................................................... 374
Marting, Lance, Dubuque Golf & Country Club General Manager and CEO ........................................................ 242
Mary Kathleen Molony Foundation ................................................................. 13, See Pre-Annexation Agreements
Mason Dixon Saloon ............................................................................................................................................ 209
Master Builders of Iowa Plan Room ............................................. 33, 47, 65, 84, 131, 133, 275, 311, 373, 385, 386
Mathias Ham House .......................................................................................................................... 12, 62, 82, 327
Mathy Construction Co., Inc. ............................................................26, 273, 393, See Pre-Annexation Agreements
Matthews, Rebekah J. .......................................................................................................................................... 103
Mayor and City Council Appointments to Various Boards and Commission ......................................................... 23
McAleece Park and Recreation Complex ............................................................................................................. 147
McCarthy, Kathleen .............................................................................................104, 180, See McCarthy, Matthew
McCarthy, Matthew ..................................................................................................................................... 104, 180
McCauley, Latoya ................................................................................................................................................. 300
McClain, Ann, 255 Bradley Street ........................................................................................................................ 423
McClain, Diane, 255 Bradley Street ..................................................................................................................... 390
McDermott Excavating ........................................................................................................................ 273, 331, 332
McDonald, Rob, AY McDonald Manufacturing President and CEO ..................................................................... 282
McFadden Family Farm Partnership LLP .............................................................................................................. 293
McFadden Farm Place ..................................................................................................................... 15, 293, 334, 394
McStac Properties, LLC ........................................................................................................................................ 420
Mechanical and Plumbing Code Board
Membership .............................................................................................................................................. 85, 120
Minutes .................................................................................................................................................... 203, 264
Mediacom Charitable Foundation
Membership ................................................................................................................................................ 33, 49
Mediacom Communications Company (MMC) ............................................................................ 182, 258, 421, 431
Medical Plan Administrative Services Fee ........................................................................................................... 242
Memorandum of Agreement ................................................................................................................. 34, 293, 334
Memorandum of Understanding (MOU) ....................................................................................... 43, 102, 123, 125
Mercy Housing’s loan, Bishop Block – 90 Main Street ......................................................................................... 446
Merge, LLC ......................................................................... 377, 378, 424, 425, 435, See Development Agreements
Merrick Construction and Development Corporation ......................................................................................... 207
Metx, LLC ................................................................................................... 391, 404, See Development Agreements
Meyer, Patricia, 1860 Norland Dr. ......................................................................................................................... 85
Michael Duehr, Eagles Eyes on the Future Chairperson .......................................................... 24, 42, 289, 359, 401
Michalakis, Michelle ............................................................................................................................................ 238
MidAmerican Energy ................................................................................................................................... 182, 332
Midwest Concrete, Inc. ................................................................................. 173, 174, 182, 209, 258, 300, 311, 312
Midwest Vapors ................................................................................................................................................... 250
MidWestOne Bank ............................................................................................................................................... 265
Milk House ........................................................................................................................................................... 437
Millwork Marketplace ............................................................................................................................................ 63
Mines of Spain Recreation Area ...................................................................................................................... 73, 91
Miracle League Drive ........................................................................................ 21, See Northview Drive, Renaming
Miracle League of Dubuque Baseball Field and All-Inclusive Playground ................................................ 21, 77, 123
Mississippi View Drive, 360 ................................................................................................................................. 374
Monks Kaffee Pub ................................................................................................................................................ 146
Moondog Music ................................................................................................................................................... 186
Moracco, The ....................................................................................................................................................... 451
Morton, Jeff, Architect, 206 Bluff Street, ............................................................................................................... 33
MSA Professional Services ................................................................................................................................... 247
Mt. Carmel Campus ............................................................................................................................................. 293
Mueller Sales, LLC ................................................................................................................................................ 449
Multicultural Family Center (MFC) ......................... 72, 155, 173, 203, 249, 316, 385, 386, 399, 411, 416, 421, 451
Murphy Park ........................................................................................................................................................ 421
474 INDEX Book 149
My Cap Vendors .................................................................................................................................................. 250
Mystique Community Ice Center ......................................................................................................................... 316
Mystique Ice Center............................................................................................................................................. 263
N
National Disaster Resilience Grant .............................................................................................. 131, 132, 150, 373
National Electric Code ................................................................................................................................. 322, 343
National Fire Protection Agency .......................................................................................................................... 344
National League of Cities ............................................................................................................................. 304, 363
National Mississippi River Museum & Aquarium ........................................................................................ 365, 403
National Mississippi River Museum and Aquarium ............................................................................................. 249
National Park Service's ........................................................................................................................................ 157
National Register of Historic Places ............................................................................................................. 157, 204
National Waterways Foundation ......................................................................................................................... 179
Nativity Road ........................................................................................................................................... 10, 23, 426
Neighborhood Quick Mart ................................................................................................................... 145, 249, 250
Neighborhood Revitalization (CHANGE Initiative) ............................................................................................... 238
Neighbors Tap ...................................................................................................................................................... 421
Neighbor's Tap ..................................................................................................................................................... 129
Nelson, Erica ........................................................................................................................................................ 300
Nemmers Cedar Ridge Farm Limited Partnership ....................................................................... 161, 162, 313, 314
Next Phase Bar............................................................................................................................................. 274, 437
Ney, Marvin ................................................................................................................................................. 416, 421
Nightengale Lane, 12612 ..................................................................................................................................... 144
Noll, Joseph, 315 W. Locust St ............................................................................................................................... 92
Non-Bargaining Unit Employees .......................................................................................................................... 143
Non-Discrimination/Title VI ................................................................................................................................. 395
Noonan's Tap ....................................................................................................................................................... 129
Norland Drive ...............................................................................................................................30, 63, 64, 85, 212
North Cascade Road Developers, LLC ............................................................................................................ 14, 292
North Cascade Road, 14247 ................................................................................................................................ 442
North End Neighborhood ........................................................................................................................ 33, 34, 204
North Side Liquor & Tobacco ............................................................................................................................... 335
North Side Liquor and Tobacco ........................................................................................................................... 186
Northeast Iowa Community College ............................................................................................................ 215, 430
Northeast Iowa Community College Alumni Hall of Fame................................................................................... 430
Northeast Iowa School of Music .......................................................................................................................... 255
Northside Bar, Inc .................................................................................................................................................. 63
Northview Drive, Renaming ................................................................................................................................... 21
Northwest Arterial ............................................................................................................................................... 293
Notice of Claims and Suits 7, 24, 42, 55, 75, 101, 126, 140, 156, 178, 203, 241, 254, 264, 289, 308, 326, 359, 371,
390, 402, 430, 440
Nottingham Properties, LLC ......................................................................................................................... 158, 404
Novelty Iron Landlord LLC .................................................................................................................................... 159
Nutrient Trading Program.................................................................................................................................... 334
NW Arterial, 2595 .................................................................................................................................................. 26
O
Oberbroeckling, Ned .............................................................................. 360, 361, See Pre-Annexation Agreements
Oky Doky ...................................................................................................................................... 145, 146, 165, 186
Oky Doky #8 ................................................................................................................................................. 145, 146
Old Chicago Pizza and Taproom .......................................................................................................................... 146
Old Highway Road ............................................................................................................................... 163, 164, 405
Olive Garden Italian Restaurant .......................................................................................................................... 146
Oneida & Vinton Streets, (Corner of) ....................................................................................See Request to Rezone
Oneida Avenue ............................................................................................................................................ 207, 208
Ooh La La ............................................................................................................................................................. 249
475 INDEX Book 149
Oolong Asian Cuisine ........................................................................................................................................... 258
Opening Doors ................................................................................................................................. 33, 62, 145, 295
Operation New View .................................................................................................. 21, 24, 61, 100, 156, 248, 416
Ordinances
No. 01-19 Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 14
Parking, Division 7 Residential Parking Permit Program, Section 9-14-321.740 Residential Parking Permit
District H ........................................................................................................................................................ 19
No. 02-19 Amending Title 16 Unified Development Code of The City Code of Ordinances, by Amending
Section 16-9-1(J)(5), Section 16-9-5-2(B), Section 16-9-6-2(B) And Section 16-9-6-3 to Remove the
Requirement for a Minimum of Four Affirmative Votes by the Zoning Advisory Commission for a
Recommendation of Approval for Rezonings and Text Amendments ........................................................... 37
No. 03-19 Requiring the City Manager to develop, with the approval of the City Council, written guidelines to
establish general procedures and standards, consistent with all applicable Federal and State laws, for the
siting, construction, installation, collocation, modification, relocation, operation and removal of small cell
wireless technology within the City’s right-of-way and on City property ...................................................... 20
No. 04-19 Renaming Northview Drive to Miracle League Drive. ....................................................................... 21
No. 05-19 Amending City of Dubuque Code of Ordinances Title 3, Revenue and Taxation, Chapter 2
Revitalization Areas, by Adopting a New Section 15 Radford Road, Establishing the Radford Road Urban
Revitalization Area, and Establishing Requirements for Qualifying Property Owners ................................... 21
No. 06-19 Amending City of Dubuque Code of Ordinances Title 3, Revenue and Taxation, Chapter 2
Revitalization Areas, by Adopting a New Section 14 Nativity Place, Establishing the Nativity Urban
Revitalization Area, and Establishing Requirements for Qualifying Property Owners ................................... 22
No. 07-19 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by
reclassifying hereinafter described property located at 690 W. Locust Street from C-1 Neighborhood
Commercial District to C-3 General Commercial District with conditions, as established in the attached
Memorandum of Agreement ......................................................................................................................... 34
No. 08-19 Amending Title 16, the Unified Development Code of the City of Dubuque Code of Ordinances by
rescinding Ordinance 21-17 which provides regulations for the Warren Place PUD Planned Unit
Development District with a Planned Commercial Designation at 3500 Dodge Street and now being
amended to allow for the installation of three directional signs ................................................................... 35
No. 09-19 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1
Building Codes, Article J Property Maintenance Code, Section 14-1J-3 Rental Licenses ............................... 38
No. 10-19 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by
reclassifying hereinafter described property located at southwest corner of W. 32nd Street and North
Grandview Avenue from R-1 Single-Family Residential District to R-4 Multi-Family Residential District. ..... 69
No. 11-19 Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 14
Parking, Division 7 Residential Parking Permit Program, Section 9-14-321.740 Residential Parking Permit
District H ........................................................................................................................................................ 85
No. 12-19 Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic Chapter 14
Parking, Division 7 Residential Parking Permit Program, Section 9-14-321.740 Residential Parking Permit
District H. ....................................................................................................................................................... 86
No. 13-19 Amending City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 4
Central Market ............................................................................................................................................... 89
No. 14-19 Amending City of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 6 Solid Waste,
Article A City or Private Collection Service, Sections 13-6A-2 Availability of Collection ................................ 93
No. 15-19 Amending City of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 1 Water Use and
Service, Article C Rates, Section 13-1C-1(A) Establishing Water Rates for Residential, Commercial,
Industrial, and all other uses.......................................................................................................................... 97
No. 16-19 Amending the City of Dubuque Code of Ordinances Title 13 Public Utilities Chapter 1 Water Use
and Service, Article C Rates Section 13-1C-2 Fixing Water Rates for Fire Sprinkler Service. ......................... 97
No. 17-19 Amending the City of Dubuque Code of Ordinances Sections 13-2C-3(B) and 13-2C-3(C)(7)
Establishing Basic Sewer Rates for Residential and Commercial Users by Increasing the Rates ................... 98
No. 18-19 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by
reclassifying hereinafter described property, in conjunction with annexation, located north of S hrewsbury
Lane from County A-1 Agricultural District to City C-3 General Commercial District................................... 120
No. 19-19 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by
reclassifying hereinafter described property located at 1640 Main Street from R-4 MultiFamily Residential
District to OR Office Residential District ...................................................................................................... 121
476 INDEX Book 149
No. 20-19 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by
providing for the approval of an Amended Campus Development Plan for the University of Dubuque to the
creation of the South Quad Area. ................................................................................................................ 148
No. 21-19 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by
Reclassifying hereinafter described property located at the corner of Oneida and Vinton Streets from R-1
Single-Family Residential District to R-2 Two-Family Residential District .................................................... 169
No. 22-19 Amending City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 4
Central Market, Section 4-4-4 Restricted Parking in Central Market ........................................................... 174
No. 23-19 Amending City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 5
Solicitor’s License, Section 4-5-3 Exemptions. ............................................................................................. 175
No. 24-19 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by
reclassifying hereinafter described property located at 2325 Garfield Avenue from C-2 Neighborhood
Shopping Center District to C-3 General Commercial District. .................................................................... 190
No. 25-19 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by
providing for the rezoning of property at 1998 Grace Street From R-1 Single-Family Residential to ID
Institutional District and approval of an Amended Campus Development Plan for the University of Dubuque
to allow the construction of a Student Wellness Clinic ............................................................................... 190
No. 26-19 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by
providing for the approval of an Amended Campus Development Plan for the University of Dubuque to
allow construction of a Welcome Center Addition ...................................................................................... 192
No. 27-19 Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 14
Parking, Division 7 Residential Parking Permit Program, Section 9-14-321.740 Residential Parking Permit
District H ...................................................................................................................................................... 212
No. 28-19 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by
reclassifying hereinafter described property, in conjunction with annexation, located along Silver Oaks
Drive from County R-2 Single-Family Residential District to City R-2 Two-Family Residential District. ....... 213
No. 29-19 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by
reclassifying hereinafter described property from AG Agricultural District to MHI Modified Heavy Industrial
District. ........................................................................................................................................................ 251
No. 30-19 Amending 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 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 surface parking lot at 902
and 990 White Street. .................................................................................................................................. 276
No. 31-19 Amending 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. ............................................................................................................... 281
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 ............................................ 283
No. 32-19 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 .................................................................... 261
No. 33-19 Amending City of Dubuque Code of Ordinances Title 2 Boards and Commissions, Chapter 5 Housing
Agency and Community Development Commissions by repealing Article C Community Development
Advisory Commission and adopting a new Article C Community Development Advisory Commission in lieu
thereof establishing the Community Development Advisory Commission and providing for the powers,
operation, membership, and meetings. ...................................................................................................... 284
No. 34-19 Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 14
Parking, Division 7 Residential Parking Permit Program, Section 9-14-321.725 Issuance of Residential
Parking Permits ............................................................................................................................................ 301
No. 35-19 Providing that general property taxes levied and collected each year on all property located within
the Sky Blue Housing Urban Renewal Area, in the City of Dubuque, County of Dubuque, State of Iowa, by
and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School
District and other Taxing Districts, be paid to a special fund for payment of principal and interest on loans,
monies advanced to and indebtedness, including Bonds issued or to be issued, incurred by said City in
connection with said Sky Blue Housing Urban Renewal Area ...................................................................... 302
No. 36-19 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code,
Rescinding Ordinances 66-95, 25-97, 45-11 and 36-16 Approving an Amended Conceptual Development
Plan for the Padre Pio Health Care Center and Assisi Village, Rezone the Existing Institutional District to
477 INDEX Book 149
Planned Unit Development, and Rezone Property Along Sheridan Road from R-1 to Planned Unit
Development ....................................................................................................................................... 319, 340
No. 37-19 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 2
Building Construction, Demolition and Moving, Section 14-2-4 Moratorium for Construction or Other Work
on Certain Streets, Areas, or Facilities by Extending the Moratorium ................................................. 321, 341
No. 38-19 Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 14
Parking, Division 7 Residential Parking Permit Program, Section 9-14-321-722 Residential Parking Permit
Program Established ............................................................................................................................ 322, 342
No. 39-19 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1
Building Codes, Article D Electrical Code, Sections 14-1D-1 National Electrical Code Adopted and 14-1D-2
National Electrical Code Amendments ........................................................................................................ 343
No. 40-19 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1
Building Codes, Article A Building Code and Regulations, Sections 14-1A-1 International Building Code
Adopted And 14-1A-2 International Building Code Amendments ............................................................... 346
No. 41-19 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1
Building Codes, Article B Residential Code, Sections 14-1B-1 International Residential Code Adopted and
14-1B-2 International Residential Code Amendments ................................................................................ 346
No. 42-19 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1
Building Codes, Article F Mechanical Code, Sections 14-1F-1 International Mechanical Code Adopted and
Section 14-1F-2 International Mechanical Code Amendments ................................................................... 346
No. 43-19 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1
Building Codes, Article G Fuel Gas Code, Sections 14-1G-1 Fuel Gas Code Adopted and 14-1G-2 Fuel Gas
Code Amendments ...................................................................................................................................... 346
No. 44-19 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1
Building Codes, Article H Plumbing Code, Sections 14-1H-1 International Plumbing Code Adopted and 14-
1H-2 International Plumbing Code Amendments ........................................................................................ 346
No. 45-19 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1
Building Codes, Article J Property Maintenance Code, Sections 14-1J-1 International Property Maintenance
Code Adopted and 14-1J-2 International Property Maintenance Code Amendments ................................ 346
No. 46-19 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1
Building Codes ............................................................................................................................................. 346
No. 47-19 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1
Building Codes, Article E Fire Code and Regulations, Section 14-1E-1 International Fire Code Adopted and
14-1E-2 International Fire Code Amendments ............................................................................................ 346
No. 48-19 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by
reclassifying hereinafter described property located at 757 W. 8th Street from R-2A Alternate Two-Family
Residential District To R-3 Moderate Density Multi-Family Residential District. ......................................... 399
No. 49-19 Amending Title 16 of the City of Dubuque Code of Ordinances Unified Development Code by
reclassifying hereinafter described property from AG Agricultural District to CS Commercial Service and
Wholesale District ........................................................................................................................................ 423
No. 50-19 Amending Ordinance No. 6-19 which amended City of Dubuque Code of Ordinances title 3,
Revenue and Taxation, Chapter 2 Revitalization Areas by adopting a new Section 3-2-14 Establishing the
Alta Vista Urban Revitalization Area and establishing requirements for qualifying property owners......... 426
No. 51-19 Repealing Ordinance No. 12-2006 which established the Garfield Place II Urban Revit. Plan ........ 426
No. 52-19 Amending the City of Dubuque Code of Ordinances Title 3, Revenue and Taxation, Chapter 2
Revitalization Areas, by Repealing Sections 3-2-2 through and including 3-2-9 and Section 3-2-12 and
adopting a new Section 3-2-2 Establishing the Dubuque Revitalization Area and requirements for qualifying
property owners .......................................................................................................................................... 426
No. 53-19 Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 14
Parking, Division 7 Residential Parking Permit Program Section 9-14-321.733 Residential Parking Permit
District A ...................................................................................................................................................... 453
No. 54-19 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by
amending Article 16-8-5.20 Conditional Uses and Amending Articles 16-5.7 (OR), 16-5.8 (OS), 16-5.9 (OC),
16-5-10 (C-1), 16-5-11 (C-2), 16-5-12 (C-2A), 16-5-13 (C-3), 16-5-14 (C-4), 16-5-15 (C-5), 16-5-16 (CS), 16-5-
17 (CR), 16-5-18 (LI), 16-5-19 (HI), And 16-5-20 by removing Licensed Childcare Center from the list of
Conditional Uses and adding Licensed Childcare Center to the list of Permitted Uses ............................... 454
No. 55-19 Amending City of Dubuque Code of Ordinances Title 2 Boards and Commissions, Chapter 8 Arts and
Cultural Affairs Advisory Commission, Section 2-8-10 Meetings ................................................................. 457
Orr, James, Coating Inspection, LLC ..................................................................................................................... 316
478 INDEX Book 149
Orwoll, Greg, DuRide Executive Director ............................................................................................................... 54
P
Padre Pio Health Care Center, Inc. (Stone Hill) ............................................................................................ 317, 336
Palebluedot, LLC .................................................................................................................................................. 334
Panchero's Mexican Grill ..................................................................................................................................... 129
Pankow, Michael R. and Jill C. .............................................................................................................................. 103
Paradise Distilling Company ................................................................................................................................ 165
Paramount Ambulance Service.................................................................................................................... 421, 429
Park and Recreation Advisory Commission
Membership ............................................................................................................................................ 211, 251
Minutes ............................................................................................................................................ 7, 42, 75, 126
Recommendations ........................................................................................................................................... 451
Paro Food Mart ............................................................................................................................................ 146, 186
Parsley, Thomas, Radio Dubuque General Manager ........................................................................................... 417
Patzner, Troy, City Assessor ......................................................................................................................... 365, 425
Paul's Tavern ........................................................................................................................................................ 249
Pennsylvania Avenue . 15, 19, 33, 64, 85, 86, 132, 133, 152, 161, 173, 174, 187, 209, 211, 212, 328, 434, 445, 452
Pepper Sprout, Inc. .............................................................................................................................................. 437
Performance Properties, LLC ............................................................................................................................... 404
Perry, Jessica, 1560 Iowa Street ............................................................................................................................ 37
Peru Road, 4304 ............................................................................................................ 280, See Request to Rezone
PetData Contract ................................................................................................................................................. 300
Peterson Contractors, Inc. ................................................................................................................................... 418
Peterson, Ryan, RDG Planning and Design ............................................................................................ 33, 176, 263
Peterson, William L .............................................................................................................................................. 103
Pete's Thai Kitchen, LLC ............................................................................................................................... 316, 335
Pet-Friendly Community Assessment: ................................................................................................................. 300
Phillips 66/Arby's ......................................................................................................................................... 186, 365
Phoenix Theatres ......................................................................................................................................... 118, 210
Phyllrich Drive .................................................................................................................................... 19, 85, 86, 212
Piekenbrock, Charles ........................................................................................................................................... 282
Pillar Design Studios ............................................................................................................................................ 314
Pingman LLC ........................................................................................................................................................ 207
Pinnacle Combat .................................................................................................................................................. 147
Pioneer’s Rest Stop .............................................................................................................................. 249, 250, 405
Planned Unit Development (PUD)
1001 Assisi Drive (Stonehill/Assisi Village) ....................................................................................................... 319
Along Sheridan Road ....................................................................................................................................... 319
Historic Millwork District ................................................................................................................................. 276
Warren Plaza ..................................................................................................................................................... 35
Plastic Center, Inc. ............................................................................................................................................... 321
Plat of Survey
Adams Company’s 5th Addition ...................................................................................................................... 435
Ahmed Place (1597-1599 Washington Street)................................................................................................. 394
Maple Leaf Addition No. 4 ............................................................................................................................... 180
McFadden Farm Place ..................................................................................................................................... 394
Schlitzer Lane ................................................................................................................................................... 180
Steeple Square, LLC ......................................................................................................................................... 159
Platinum Holdings, LLC ................................................................................................ 62, See Property Tax Appeals
Platinum Hospitality Group, LLC .......................................................................................................................... 103
Plaza Drive ............................................................................................................................................. 62, 117, 184
Policy - Delaying, Postponing or Canceling City Council meetings ......................................................................... 40
Port of Dubuque Marina .........................................................................................................63, 145, 165, 187, 250
Portzen Construction, Inc. ........................................................................................................11, 88, 138, 146, 447
Portzen, Michael, SWAD, LLC ................................................................................................................ 68, 120, 121
Powell, Roger C. and Constance M. ..................................................................................................................... 103
Powers of Communication Vendor Service ......................................................................................................... 405
479 INDEX Book 149
Prairie Farms Dairy, Inc. ............................................................................. 119, 136, See Development Agreements
Pre-Annexation Agreements
Barbara A. Schiltzer Trust ................................................................................................................................ 181
Bartels and Oberbroeckling ............................................................................................................................. 360
Decker, Phyllis F., The Estate of ....................................................................................................................... 143
Donald, James and Mary Kathleen Molony Foundation .................................................................................... 13
IADU Table Mound MHP, LLC (d/b/a RV Horizons) .......................................................................................... 123
Link, Brian R and Angella M. .............................................................................................................................. 27
Mathy Contruction ............................................................................................................................................ 26
Sewell, John R. and Emily M. ........................................................................................................................... 442
Pregler, John, 1525 Pego Ct. .................................................................................................................. 73, 201, 264
Presidential Disaster Declarations ....................................................................................................................... 396
Presley, Carrie, 1241 Prairie Du Chien ................................................................................................................. 411
Pristine Properties, LLC ................................................................................................................................ 362, 363
Proclamations
Abraham Lincoln Day (July 17, 2019) ............................................................................................................... 264
American Legion Auxiliary Unit #6 Centennial (November 9, 2019) ................................................................ 401
American Legion Centennial Month (March 2019) ............................................................................................ 54
Apples for Students Months (June & July 2019) .............................................................................................. 203
Arbor Day (April 26, 2019) ............................................................................................................................... 140
Arts and Humanities Month (October 2019) ................................................................................................... 370
Bike to Work & School Days/Week (May 7 & 8, 13-19, 2019) ......................................................................... 155
Community Action Agency Month (May 2019) ............................................................................................... 156
Community Development Week (April 22-26, 2019) ....................................................................................... 140
Crop Walk Day (October 6, 2019) .................................................................................................................... 359
Days of Caring (April 26, 2019) ........................................................................................................................ 126
Days of Peace and Nonviolence (September 17-29, 2019) .............................................................................. 359
Dubuque County Fair Week (July 23-28, 2019) ............................................................................................... 264
Dubuque Eagles Aerie & Auxiliary Month (February 2019) ............................................................................... 42
Dubuque Family Literacy Month (November 2019) ........................................................................................ 401
Dubuque Salvation Army Week (May 12-18, 2019) ......................................................................................... 155
DuRide Older Americans Month (May 2019) ................................................................................................... 178
Eagles Eyes on the Future ........................................................................................................................ 289, 401
Extra Mile Day (November 1, 2019) ................................................................................................................. 390
Gentleman Day (October 16, 2019) ................................................................................................................. 370
Health Center Week (August 4-10, 2019) ........................................................................................................ 289
Historic Preservation Month (May 2019) ........................................................................................................ 156
Hospice Month (November 2019) ................................................................................................................... 401
Human Trafficking Prevention Month (January 2019) ................................................................................... 7, 24
Indigenous People's Day (October 14, 2019) ................................................................................................... 370
Irish-American Heritage Month (March 2019) .................................................................................................. 54
Juneteenth Day (June 15, 2019) ...................................................................................................................... 203
Junior Achievement Day (April 4, 2019) .......................................................................................................... 101
Keep Iowa Beautiful Month (April 2019) ......................................................................................................... 101
Kids to Parks Day (May 18, 2019) .................................................................................................................... 155
Lead Poisoning Prevention Week (October 20-26, 2019) ................................................................................ 390
Lights on After School Day (October 24, 2019) ................................................................................................ 390
Men's Health Awareness Month (June 2019) .................................................................................................. 178
Mental Health Month (May 2019) ................................................................................................................... 156
National Service Recognition Day (April 2, 2019) ............................................................................................ 126
Pancreatic Cancer Awareness Day (November 21, 2019) ................................................................................ 401
Philanthropy Day (November 15, 2019) .......................................................................................................... 401
Play Ball Summer (June-August 2019) ............................................................................................................. 156
Procurement Month / Buyer's Day Proclamation (March 2019) ..................................................................... 101
Public Works Week (May 19-25, 2019) ............................................................................................................ 178
Rail Safety Week (September 22-28, 2019) ..................................................................................................... 359
rain Health Awareness Month (October 2019) ................................................................................................ 359
Read Across America Day (March 4, 2019) ........................................................................................................ 54
Scandinavian Music and Culture Week (March 18-23, 2019) .......................................................................... 101
480 INDEX Book 149
Sexual Assault Awareness Month (April 2019) ................................................................................................ 126
Small Business Saturday (November 23, 2019) ............................................................................................... 416
Summer Learning Week (July 7-13, 2019) ............................................................................................... 241, 254
Trick-or-Treat Night (October 31, 2019) .......................................................................................................... 370
Veterans Day (November 11, 2019) ................................................................................................................ 401
Professional Firefighters Association, Local No. 25 ..................................................................................... 142, 143
Progressive Processing, LLC ............................................... 368, 381, 407, 411, 412, See Development Agreements
Project H.O.P.E. (Help Our People Excel) .................................................. 41, 90, 100, 239, 248, 288, 358, 400, 429
Projects
15 South Main Street Building Deconstruction ........................................................ 164, 209, 249, 273, 291, 331
2019 Asphalt Overlay Access Ramp .......................................................................... 160, 182, 209, 258, 311, 312
2019 Public Right-of-Way Sidewalk Repair Assessment .................................................................................. 450
2019 Usha Park Parking Lot Expansion ............................................................................................................ 239
278 West 17th Street Rehabilitation ........................................................................................................ 152, 181
30-Inch Force Main Relocation, 7th Street to 12th Street (Phase III) .............................................................. 183
30th Street to Leibe Street Sanitary Sewer Reconstruction .............................................................................. 78
42-Inch Sanitary Sewer Force Main Internal Inspection .................................................................................. 243
ADA access ramp at 1046 Central Avenue ......................................................................................................... 30
Alley from Vinton Street to Toledo Street Sanitary Sewer Improvements ...................................................... 207
Amy Court Drainage Improvements ........................................................................................................ 360, 449
Bee Branch Creek Railroad Culverts ................................................................................................ 17, 19, 30, 70
Bee Branch Creek Restoration .................................................................................. 18, 70, 71, 74, 159, 241, 456
Bee Branch Flood Mitigation Gate and Pump Replacement............... 55, 159, 160, 175, 176, 177, 245, 266, 395
Bee Branch Healthy Homes (CDBG-NDR) Housing Rehabilitation ................................................... 130, 149, 173
Bee Branch Watershed Flood Mitigation ......................................................................................................... 304
Bunker Hill Irrigation Replacement, Phase 3 ................................................................................................... 365
Catfish Creek Emergency Stream Bank Repair ............................................................................. 43, 88, 129, 183
Catfish Creek Sanitary Interceptor Sewer Capacity Analysis ........................................................................... 365
Cedar Lake - East Fifteenth Addition, Sanitary Sewer Utility Public Improvement .......................................... 374
Chaplain Schmitt Island Veteran's Memorial ....................................................................163, 258, 281, 310, 451
Chavenelle Road Hike-Bike Trail Phase 1 ......................................................................................... 260, 282, 300
Chavenelle Road Storm Sewer Construction ........................................................................... 332, 334, 392, 393
Childcare Pilot .................................................................................................................................................... 39
City Hall Sidewalk Heating Boilers and Sensor System .................................................................................... 417
Creek Wood Park Construction ....................................................................................................................... 128
Dubuque County Flood Hazard Mapping ......................................................................................................... 363
Dubuque Fire Headquarters ADA Ramp Replacement .................................................................................... 334
Dubuque Fire Station No. 6 ............................................................................................................. 317, 337, 373
Dubuque Industrial Center West - McFadden Farm Grading Phase I .............................................................. 418
Dubuque Montessori Parking Lot Asphalt Paving ............................................................................ 294, 334, 393
Dubuque Skate Park ........................................................................................................................................ 314
Eagle Point Park Environmental Restoration ................................................................................... 274, 298, 320
Eagle Point Park Waterline and Water Service Replacement .......................................................................... 247
East Blum Site Deconstruction ................................................................................................................. 314, 376
Flexsteel Industries Termination of Redevelopment ....................................................................................... 388
Four Mounds Park Ecological Restoration ....................................................................................................... 157
Geodetic Control Network Update and Aerial Photography ........................................................................... 365
Grand River Center Carpet Replacement......................................................................................... 256, 294, 296
Grand River Center Decorative Concrete Repair .................................... 70, 77, 83, 122, 137, 146, 165, 435, 436
Harlan Street and Euclid Street Sanitary Sewer Reconstruction .............................................................. 165, 255
Hazardous Building Materials Removal ........................................................................................................... 421
Hempstead Pool construction ........................................................................................................................... 30
Hillcrest and Rosemont Storm Reconstruction ........................................................................ 316, 334, 360, 365
Historic Federal Building Roof Restoration .......................................................................................... 20, 49, 209
Hot Mix Asphalt (HMA) Pavement Milling and Resurfacing, Central Ave. from 9th to 21st St. ......... 187, 214, 253
Ice Harbor Flood Gate Abutment Repair ................................................................................. 384, 408, 409, 417
Iowa Department of Transportation (IDOT) Notice of Pipe Culverts ............................................................... 117
Iowa Department of Transportation US Hwy 20 / Swiss Valley Road Interchange .......................................... 128
Kerper Boulevard Sanitary Sewer Reconstruction ............................................................................................. 57
481 INDEX Book 149
Lower Bee Branch Security Network ....................................................................................................... 422, 439
Madison Street, Emergency Retaining Wall Repair ................................................................................. 375, 404
Manasseh House/Operation Empower for Liberty Recovery Community ....................................................... 238
Marquette Place Sanitary Sewer and Water Main Reconstruction .............. 64, 87, 103, 125, 146, 291, 296, 319
Midtown Transfer and Catfish Creek Watershed Pervious Alley Construction Sponsorship ............................. 17
Millwork District Parking Lot #2 ....................................................................................................................... 185
Miracle League of Dubuque Baseball Field and All-Inclusive Playground .................................................. 77, 123
Multicultural Family Center Expansion and Renovation .................................................................. 386, 399, 411
Nativity Senior Housing ..................................................................................................................................... 23
North Cascade Road Reconstruction ....................................................................................................... 292, 419
NW Arterial and Pennsylvania Avenue Right-Turn-Lane Improvements ................................. 132, 152, 161, 173
NW Arterial and Plaza Drive Mastarm Replacement ......................................................................... 62, 117, 184
Orchard Drive Water Main Extension .............................................................................................. 255, 258, 315
Pavement Markings ......................................................................................................... 160, 188, 214, 253, 273
Pennsylvania Avenue and Radford Road Intersection Improvements ............................................................. 293
Purina Drive Salt Storage Fabric Building ........................................................................................................... 28
Railroad Crossing Culvert ................................................................................................................................... 71
Roosevelt Street 1.25 MG Elevated Water Tower, Water Distribution System ............................. 18, 66, 87, 138
Seippel Road Water Main Relocation ................................................................................................ 84, 122, 138
Smart Parking Pilot .......................................................................................................................................... 421
Storm Drain Mural Pilot ................................................................................................................................... 273
SW Arterial - US20 Interchange Paving .............................................................................................................. 44
Twenty second Street/Kaufmann Avenue Storm Sewer Improvements .......... 32, 69, 88, 89, 146, 207, 208, 447
Twin Ridge Lift Station Abandonments............................................................................................................ 182
U.S. Highway 20 Resurfacing Project Devon Drive to Old Highway Road ........................................................ 163
US 20, as part of Phase I of the Dubuque (STREETS) ....................................................................................... 256
US 52, Central Avenue (9th-12th Streets) HMA Pavement Milling and Resurfacing ....................................... 273
Usha Park Parking Lot Expansion ............................................................................................................. 255, 393
Van Buren Street Energy Dissipator ......................................................................................... 165, 316, 449, 450
Water Main Extension to Tamarack Park (Phase 1) ................................................................................... 14, 417
West Third Street Pumping Station Standby Generator 2018 ................................................................. 294, 364
Westside Water System Fire Hydrant Installation ........................................................................... 297, 320, 339
Westside Water System Improvements Contracts A, B, and C .......................................................................... 10
Windsor Avenue Sanitary Sewer Manhole construction ................................................................................... 29
Property Investments Group LLC ................................................................................................................. 243, 420
Property Tax Appeal Dismissal ............................................................................................................................... 62
Property Tax Appeal Settlements .................................................................................................................. 26, 180
Property Tax Assessment Appeals ....................................................................................................................... 365
PTC LLC ................................................................................................................................................................ 419
Public Housing Authority (PHA) ................................................................................................................... 205, 412
Public Works, LLC ......................................................................................................................................... 360, 368
Public, Educational, and Government (PEG) ........................................................................ 104, 179, 243, 361, 373
Purchase of Service Agreements .............................................................................. 61, 72, 246, 265, 295, 296, 391
Pusateri’s Restaurant ............................................................................................................................................. 63
Q
Q Casino .......................................................................................................... 81, 104, 165, 180, 186, 209, 422, 436
Queen Street, 2222 ...................................................................................................................................... 167, 195
Quinn, Jon ............................................................................................................................................................ 154
R
Race in the Heartland Conference ............................................................................................................... 358, 402
Radford Road ......................................................................................................................................... 8, 15, 21, 22
RAGBRAI 2020 ..................................................................................................................................................... 309
Rahe, Keith ............................................................................................................................................................. 42
Railroad ............................................................................. 17, 18, 19, 30, 70, 71, 159, 276, 284, 286, 357, 428, 451
Railroad Crossing ........................................................................................................................................... 71, 451
482 INDEX Book 149
Rainbow Lounge .................................................................................................................................................. 398
Rates
Bond Interest ................................................................................................................................... 219, 227, 233
Establishing Basic Sewer .................................................................................................................................... 98
Establishing Solid Waste Collection ................................................................................................................... 93
Establishing Water Utility .................................................................................................................................. 96
Preliminary Flood Insurance Map .................................................................................................................... 206
Unemployment, for the Country's Metropolitan Statistical Areas .................................................................. 286
Workers' Compensation excess insurance renewal......................................................................................... 257
Ravada, Chandra, Director of Transportation, Planning and Transit Services for ECIA ....................... 252, 391, 415
RDG Planning & Design .......................................................................................................................................... 16
Real Estate Broker Services ................................................................................................................................. 174
Red Owl Investments, LLC ................................................................................................................................... 159
Red Robin America's Gourmet Burgers & Spirits ................................................................................................. 365
Redman, Garry J. and Julie A. .............................................................................................................................. 103
Rehe, Keith, Travel Dubuque President and CEO ................................................................................................ 101
Release of Funds .......................................................................................................................... 152, 153, 205, 246
Renaming, Northview Drive ................................................................................................................................... 21
Rental Property, Owners and Renters ......................................................................................................... 200, 202
Request to Rezone ................................................................................................................................................. 34
1640 Main Street ............................................................................................................................................. 121
1961 Central Avenue ....................................................................................................................................... 251
325 Garfield Avenue ........................................................................................................................................ 189
3475, 3485 Windsor Avenue, and 1001 Assisi Drive ........................................................................................ 339
4304 Peru Road ............................................................................................................................................... 280
757 West 8th Street .......................................................................................................................................... 398
900 Seipel Road ............................................................................................................................................... 423
Corner property at Oneida & Vinton Streets ................................................................................................... 169
Grace Street, 1998 ........................................................................................................................................... 190
Lot 9 of Seippel Court ...................................................................................................................................... 251
Property West of English Mill Road and South of the Southwest Arterial ............................................... 120, 189
Silver Oaks Estates Phase II (Elmwood/Silver Oaks Drives) ............................................................................. 212
West 32nd Street & North Grandview Avenue ................................................................................................... 69
Residential Parking Permit District .................... 30, 50, 63, 64, 85, 86, 117, 139, 187, 211, 300, 365, 434, 438, 453
Ordinance Amendments .................................................................................................................................... 19
Residential Parking Permit Program ............................................................................................................ 322, 342
Resilient Community Advisory Commission
Citizen Petition Referred.................................................................................................................................. 376
Grant Program ................................................................................................................................................. 142
Membership ........................................................................................... 26, 33, 49, 211, 251, 261, 276, 318, 336
Minutes ...............................................................................................................................24, 101, 140, 254, 308
Recommendations ........................................................................................................................................... 391
Resolutions
No. 001-19 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 ............................................................. 7
No. 002-19 Approving a Development Agreement by and between the City of Dubuque, Iowa and Landover
Corporation, providing for the issuance of Urban Revitalization Area Designation for the Development of
1895 Radford Road .......................................................................................................................................... 8
No. 003-19 Approving Adoption of Urban Revitalization Plan for the Radford Rd Urban Revitalization Area .... 8
No. 004-19 Approving a Development Agreement by and between the City of Dubuque, Iowa and Cohen-
Esrey Development Group, LLC providing for the issuance of Urban Revitalization Designation for the
redevelopment of 2887 and 2901 Central Avenue .......................................................................................... 9
No. 005-19 Supporting Cohen-Esrey Application for Low-Income Housing Tax Credit for Central Avenue
Historic Residences .......................................................................................................................................... 9
No. 006-19 Approving a Development Agreement by and between the City of Dubuque, Iowa and Horizon
Development Group, Inc. providing for the issuance of Urban Revitalization Area designation for the
development of 1225 Alta Vista ...................................................................................................................... 9
No. 007-19 Approving Adoption of Urban Revitalization Plan for Nativity Road Urban Revitalization Area ..... 10
483 INDEX Book 149
No. 008-19 Accepting the Westside Water System Improvements, Contract A – English Mill Road / North
Cascade Road Water Main Extension; Contract B – English Mill Pumping Facility; and Contract C – Highway
20 Water Main Extension, Project and Authorizing Final Payments to the Contractor ................................. 11
No. 009-19 Authorizing the Mayor to execute an application to the United States Conference of Mayors for
their DollarWise Innovation Grant and authorizing the Director of Housing and Community Development
and the City Manager to approve the application ......................................................................................... 11
No. 010-19 Amending Paying Agent; Bond Registrar and Transfer Agent Agreements .................................... 12
No. 011-19 Approving a Pre-Annexation Agreement between the City of Dubuque, Iowa and the Donald,
James and Mary Kathleen Molony Foundation ............................................................................................. 13
No. 012-19 Accepting Public Improvements in Timber-Hyrst Estates No. 5 in the City of Dubuque, Iowa ....... 14
No. 013-19 Accepting a Grant of Easement for Water Main Utility Through, Over and Across Part of Lot 2 Of
Lot 2, Excepting Therefrom Lot A of Lot 2 of Lot 2, in the Southeast Quarter of Section 14, T88N, R2E of the
5th P.M., In Dubuque County, Iowa ............................................................................................................... 14
No. 014-19 Establishing the Fair Market Value of Real Property for the Pennsylvania Ave. & Radford Rd.
Intersection Improvements Project, Directing Good Faith Negotiations for Fee Title Acquisition of Property
and Authorizing Commencement of Eminent Domain Proceedings, if Necessary, to Acquire Property ....... 15
No. 015-19 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 ............................................................................................................................ 16
No. 016-19 Fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa on a proposed
Development Agreement between and among the City of Dubuque, Iowa, Dupaco Voices, LLC and Dupaco
Community Credit Union, including the issuance of Urban Renewal Tax Increment Revenue Obligations,
and providing for the publication of notice thereof ...................................................................................... 16
No. 017-19 Fixing date for a meeting on the authorization of a Loan and Disbursement Agreement and the
Issuance of Not to Exceed $18,000,000 Stormwater Management Utility Revenue Capital Loan Notes of the
City of Dubuque, State of Iowa, and providing for publication of notice thereof .......................................... 17
No. 018-19 Approval of Environmental Review as provided by SRF’s Department of Natural Resources for the
Roosevelt Street Water Tower Project .......................................................................................................... 18
No. 019-19 Approval of plans, specifications, form of contract, and estimated cost for the Upper Bee Branch
Creek Railroad Culverts Project. .................................................................................................................... 19
No. 020-19 Approval of plans, specifications, form of contract, and estimated cost for the Historic Federal
Building Roof Restoration Project. ................................................................................................................. 20
No. 021-19 Supporting Landover Corporation Application for Low-Income Housing Tax Credit for Radford
Road Housing Development. ......................................................................................................................... 22
No. 022-19 Supporting Horizon Development Group, Inc., Application for Low-Income Housing Tax Credit for
Nativity Senior Housing Project. .................................................................................................................... 23
No. 023-19 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 ........................................................... 25
No. 024-19 Declaring support of designation and intent of the placement of Historic Route 20 signage on the
state-maintained road ................................................................................................................................... 25
No. 025-19 Approving a Pre-Annexation Agreement between the City of Dubuque, Iowa and Mathy
Construction Company .................................................................................................................................. 26
No. 026-19 Approving a Pre-Annexation Agreement between the City of Dubuque, Iowa and Brian R. and
Angella M. Link .............................................................................................................................................. 27
No. 027-19 Approving the Second Amendment to the Agreement between the City of Dubuque, Iowa and
Community Housing Initiatives ...................................................................................................................... 27
No. 028-19 Adopting Amendment 1 to the Fiscal year 2019 (Program Year 2018) Community Development
Block Grant (CDBG) Annual Action Plan ......................................................................................................... 28
No. 029-19 Accepting the Purina Drive Salt Storage Fabric Building Project and authorizing the payment of the
contract amount to the contractor ................................................................................................................ 28
No. 030-19 Accepting Public Improvements in the South Pointe Subdivision in the City of Dubuque, Iowa .... 29
No. 031-19 Accepting the 2017 Windsor Avenue Sanitary Sewer Manhole Project.......................................... 29
No. 032-19 Ratifying, confirming, and approving the change in deadline for submission of bids and publication
of an Amended Notice to Bidders for the Upper Bee Branch Creek Railroad Culverts Project ..................... 30
No. 033-19 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 ............................................................................................................................ 31
No. 034-19 Intent to dispose of an interest in real property by Fifth Amendment to Lease between the City of
Dubuque, Iowa and Dubuque County Historical Society ............................................................................... 31
484 INDEX Book 149
No. 035-19 Setting a public hearing on the Fiscal Year 2020 (Program year 2019) Community Development
Block Grant (CDBG) Annual Action Plan budget ............................................................................................ 32
No. 036-19 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
advertisement for bids................................................................................................................................... 32
No. 037-18 Approving a Development Agreement by and among the City of Dubuque, Iowa, Dupaco Voices,
LLC, and Dupaco Community Credit Union, including providing for the issuance of Urban Renewal Tax
Increment Revenue Obligations, for the redevelopment of 1000 Jackson Street ......................................... 33
No. 038-19 Approving funding for the Opportunity Dubuque Childcare Pilot Program .................................... 39
No. 039-19 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 ........................................................... 43
No. 040-19 Authorizing emergency repairs to segment of stream bank along the South Fork of the Catfish
Creek to protect and prevent impacts to the nearby sanitary interceptor sewer ......................................... 43
No. 041-19 Approving Preconstruction Funding Agreement (Agreement No. 2019-4-068) between City of
Dubuque and IDOT for Southwest Arterial- US20 Interchange Paving Project .............................................. 44
No. 042-19 Adopting the Schedule of Assessments for 2018 and directing the City Clerk to certify the
Schedule of Assessments to the County Treasurer and to publish notice thereof ........................................ 45
No. 043-19 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 ............................................................................................................................ 46
No. 044-19 Preliminary approval of plans, specifications, form of contract, and estimated cots; setting date of
public hearing on plans, specification, form of contract, and estimated cost ............................................... 47
No. 045-19 Fixing date for a meeting on the authorization of a Loan and Disbursement Agreement and the
issuance of not-to-exceed $795,000 Stormwater Management Utility Revenue Capital Loan Notes of the
City of Dubuque, Iowa, and providing for publication of notice thereof ....................................................... 48
No. 046-19 Disposing of an interest in real property by Fifth Amendment to Lease Agreement between the
City of Dubuque, Iowa and Dubuque County Historical Society .................................................................... 49
No. 047-19 Awarding the Public Improvement Contract for the Historic Federal Building - Roof Restoration
Project ........................................................................................................................................................... 49
No. 048-19 Adopting the Fiscal Year 2020 (Program Year 2019) Community. Development Block Grant (CDBG)
Annual Action Plan ......................................................................................................................................... 53
No. 049-19 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 ........................................................... 55
No. 050-19 Authorizing the filing of an application for State Business Financial Assistance on behalf of Dupaco
Voices, LLC, Dupaco RE Management, LLC, Dupaco Holdings, LLC and Dupaco Community Credit Union ... 56
No. 051-19 Approving the creation of an Economic Development Intern position ........................................... 56
No. 052-19 Series Resolution Authorizing and providing for the issuance and securing the payment of
$2,763,000 Sewer 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 Agreement, Tax Exemption Certificate, and other related matters ................................ 57
No. 053-19 Approving Property Tax Abatement Applications submitted by property owners in recognized
Urban Revitalization Areas, authorizing the Transmittal of approved application to the City Tax Assessor . 61
No. 054-19 Accepting Dedication of Permanent Sanitary Sewer and Underground Electric Easement across
parts of Lots 1, 2 and 3 of City Lot 493 and City Lot 484 and adjacent public alley, in Dubuque, Ia. ............. 62
No. 055-19 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 ............................................................................................................................ 63
No. 056-19 Setting a public hearing on amending Residential Parking Permit District H to include both sides of
Norland Drive from Keymont to Keystone Drive ........................................................................................... 63
No. 057-19 Setting a public hearing on amending Residential Parking Permit District H to include both sides of
Sharon Drive from Pennsylvania Avenue to Key Corners .............................................................................. 64
No. 058-19 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
advertisement for bids................................................................................................................................... 64
No. 059-19 Setting a public hearing on the intent to commence a Public Improvement Project for the North
Cascade Road Reconstruction Project and to acquire agricultural land for the Project and to establish just
Compensation Valuation (Fair Market Value) of necessary right-of-way property which the City intends to
acquire or condemn if required ..................................................................................................................... 65
485 INDEX Book 149
No. 060-19 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
advertisement for bids ................................................................................................................................... 66
No. 061-19 Setting the date for public hearing on the FY2020 Budget as Amended for City of Dubuque ........ 67
No. 062-19 Setting the date for the public hearing on the Five-Year Capital Improvement Program for Fiscal
Year 202 through 2024 for the City of Dubuque ............................................................................................ 67
No. 063-19 Authorizing and directing the City Manager to prepare an Amended and Restated Urban Renewal
Plan for the Greater Downtown Urban Renewal District, and setting dates of hearing and consultation on a
proposed Amended and Restated Urban Renewal Plan for said District ....................................................... 68
No. 064-19 Setting public hearing on application for voluntary annexation of territory to City of Dbq. .......... 68
No. 065-19 Approval of plans, specifications, form of contract, and estimated cost for the 22nd St./Kaufmann
Ave. Storm Sewer Project (White St. to Kleine St.). ....................................................................................... 70
No. 066-19 Approval of plans, specifications, form of contract, and estimated cost for the Grand River Center
- Decorative Concrete Repair Project ............................................................................................................ 70
No. 067-19 Instituting proceedings to take additional action for the authorization of a Loan and Disbursement
Agreement and the issuance of Not-to-Exceed $18,000,000 Stormwater Management Utility Revenue
Capital Loan Notes ......................................................................................................................................... 70
No. 068-19 Approving the construction contract for the Upper Bee Branch Creek Railroad Culverts Project .. 71
No. 069-19 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 ........................................................... 76
No. 070-19 Authorizing Land and Water Conservation Fund (LWCF) Grant application to Iowa Department of
Natural Resources for Bee Branch Creek Trail Connector ............................................................................. 76
No. 071-19 Authorizing (CAT) Grant Agreement with Enhance Iowa for the Miracle League of Dubuque
Baseball Field and All-Inclusive Playground Project ....................................................................................... 77
No. 072-19 Awarding improvement project for Grand River Center - Decorative Concrete Repair Project ..... 77
No. 073-19 Approving a Third Amendment to the Economic Development Financial Assistance Contact by and
among Design Mill, Inc., the City of Dubuque and the Iowa Department of Economic Development .......... 77
No. 074-19 Accepting the 30th Street and Leibe Street Sanitary Sewer Reconstruction Project and authorizing
the payment to the contractor ...................................................................................................................... 78
No. 075-19 Authorizing the City to collect delinquent grass and weed cutting and garbage collection charges
in accordance with Title 6-4-3A and Title 6-8-2 of the Code of Ordinances of the City of Dubuque, Iowa ... 79
No. 076-19 Authorizing the City to collect delinquent problem property charges in accordance with 14-GE
International Property Maintenance Code Section 106.5 and/or Section 109.5 Code of Ordinances of the
City of Dubuque, Iowa ................................................................................................................................... 80
No. 077-19 Approving the Amendment to the collective Bargaining Agreement in effect from July 1, 2017 to
Jun 30, 2022, between the City of Dubuque, Iowa, and the International Union of Operating Engineers,
Local #234 and authorizing the Mayor to sign the Amendment.................................................................... 81
No. 078-19 Setting the required percent increase in actual value for multi-residential assessed property to
qualify for urban revitalization ...................................................................................................................... 82
No. 079-19 Approving Johanna Favrot Grant application to the National Trust of Historic Preservation for
Historic Structure Report of the Mathias Ham House ................................................................................... 82
No. 080-19 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 ............................................................................................................................ 83
No. 081-19 Preliminary approval of plans, specifications, form of contract, and estimated cots; setting date of
public hearing on plans, specifications, form of contract, and estimated cos ............................................... 83
No. 082-19 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.............................................. 84
No. 083-19 Establishing the fair market value of real property for the North Cascade Road Reconstruction
Project, directing good-faith negotiations for the acquisition of property and authorizing the
commencement of eminent domain proceedings, if necessary, to acquire the property ............................. 86
No. 084-19 Approval of plans, specifications, form of contract, and estimated cost for the Marquette Place
Sanitary Sewer and Water Main Reconstruction Project ............................................................................... 87
No. 085-19 Approval of plans, specifications, form of contract, and estimated cost for the Water Distribution
System Pressure Zone 2: Roosevelt Street 1.25 MG Elevated Water Tower Project Contracts A and B ....... 87
No. 086-19 Awarding public improvement contract for the South Fork of the Catfish Creek Sanitary
Interceptor Sewer Stream Bank Emergency Repair Project .......................................................................... 88
No. 087-19 Awarding public improvement contract for the 22nd Street / Kaufmann Avenue Storm Sewer
Improvements Project (White Street to Kleine Street) .................................................................................. 89
486 INDEX Book 149
No. 088-19 Adopting the City of Dubuque Fiscal Year 2020 Annual Budget ..................................................... 91
No. 089-19 Adopting the City of Dubuque Five-Year Capital Improvement Program ....................................... 91
No. 090-19 (to include the addition of a new inspector position) Approving the increase in fees for the Rental
Licensing and Rental Inspection Program ...................................................................................................... 92
No. 091-19 Adopting the Five-Year Street Construction Program for Fiscal Years 2020-2024 .......................... 93
No. 092-19 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 ......................................................... 101
No. 093-19 Approval of a Second Amendment to the Facility Management Agreement between the City of
Dubuque, Iowa and Platinum Hospitality Group, LLC .................................................................................. 103
No. 094-19 Accepting Grants of Easement for certain public utilities associated with the Marquette Place
Sanitary Sewer & Water Main Reconstruction Project in the City of Dubuque, Iowa ................................. 103
No. 095-19 Authorizing the execution of a Contract for State Business Financial Assistance by and among
Dupaco Voices LLC; Dupaco Re Management, LLC; Dupaco Holding, LLC; Dupaco Community Credit Union;
City of Dubuque; and the Iowa Economic Development Authority ............................................................. 105
No. 096-19 Approving and authorizing a Form of Loan and Disbursement Agreement by and between the City
of Dubuque, Iowa and the Iowa Finance Authority, and authorizing and providing for the issuance and
securing the payment of $16,382,000 Stormwater Management Utility Revenue Capital Loan Notes, Series
2019, of the City of Dubuque, Iowa under the provisions of the Code of Iowa, and providing for a Method
of Payment of said Notes; approval of the Tax Exemption Certificate ........................................................ 105
No. 097-19 Adopting Supplement No. 31 to the Code of Ordinances of the City of Dubuque, Iowa .............. 117
No. 098-19 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 .......................................................................................................................... 117
No. 099-19 Resolution of Intent to dispose of an interest in real property owned by the City of Dubuque by
leases between the City of Dubuque, Iowa and the Iowa Communications and Technology Commission . 118
No. 100-19 Fixing the date for a public hearing on the City Council of the City of Dubuque, Iowa on a
proposed development Agreement between the City of Dubuque, Iowa and Prairie Farms Dairy, Inc.
including the issuance of Urban Renewal Tax Increment Revenue Obligations, and providing for the
publication of notice thereof ....................................................................................................................... 119
No. 101-19 Approving an application for voluntary annexation of territory to the City of Dubuque, Iowa .... 120
No. 102-19 Approval of plans, specifications, form of contract, and estimated cost for the 2019 Decorative
Concrete Maintenance Project .................................................................................................................... 122
No. 103-19 Approval of plans, specifications, form of contract, and estimated cost for the Seippel Road Water
Main Relocation Project .............................................................................................................................. 122
No. 104-19 Approving the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban
Renewal District ........................................................................................................................................... 122
No. 105-19 Approving a Pre-Annexation Agreement between the City of Dubuque, Iowa and David H.
Reynolds, President, RV Horizons, Inc. ........................................................................................................ 123
No. 106-19 Amending Resolution No. 201-18 Approving a Memorandum of Understanding between the City
of Dubuque and IADU Table Mound MHP, LLC for repairs and improvements to its water distribution and
sanitary sewer collection system ................................................................................................................. 123
No. 107-19 Awarding public improvement contract for the Marquette Place Sanitary Sewer and Water Main
Reconstruction Project. ............................................................................................................................... 125
No. 108-19 Authorizing the Finance Director-City Treasurer to make certain payments of bills that must be
paid and approved for payment in accordance with City procedures ......................................................... 126
No. 109-19 Authorizing the Mayor to execute the Certification by State or Local Office of Public Housing
Agency (PHA) Plan's Consistency with the Consolidated Plan and Approval of the PHA Annual Plan ......... 127
No. 110-19 Accepting Creek Wood Park Project and authorizing the payment of the contract amount to the
contractor .................................................................................................................................................... 128
No. 111-19 Accepting Grant of Permanent Utility Easements for water main relocation from Two Bits, LLC 128
No. 112-19 Approving applications for beer, liquor, and/or wine permits, as required by City of Dubuque Code
of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and
Wine Licenses and Permits .......................................................................................................................... 129
No. 113-19 Approving applications for retail cigarette/tobacco sales/nicotine/vapor permits, as required by
Iowa Code Chapter 453A.47A ...................................................................................................................... 129
No. 114-19 Fixing the date for public hearing of the City Council of the City of Dubuque, on a proposed
Development Agreement between the City of Dubuque, and Three Amigos, LLC including issuance of Urban
Renewal Tax Increment Revenue Obligations ad providing for publication of notice thereof .................... 130
487 INDEX Book 149
No. 115-19 Approval of plans, specifications, form of contract, estimated cost, setting date of public hearing
on plans, specifications, form of contract, estimated cost, ordering the advertisement for bids ............... 131
No. 116-19 Setting a public hearing on the status of funded activities Contract #13-NDRH-001 for the
Community Development Block Grant, National Disaster Resilience (CDBG-NDR) Housing Grant ............. 131
No. 117-19 Setting the date for the public hearing on Amendment No. 2 to the fiscal Year 2019 Budget for the
City of Dubuque ........................................................................................................................................... 132
No. 118-19 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............................................ 132
No. 119-19 Fixing date for a meeting on the proposition of the issuance of Not-to-Exceed $10,045,000
General Obligation Bonds of the City of Dubuque, State of Iowa (for Essential Corporate Purposes), and
providing for publication of notice thereof ................................................................................................. 133
No. 120-19 Fixing date for a meeting on the proposition of the issuance of Not-to-Exceed $700,000 General
Obligation Bonds of the City of Dubuque, State of Iowa (for General Corporate Purposes), and providing for
publication of notice thereof ....................................................................................................................... 133
No. 121-19 Fixing date for a meeting on the proposition of the issuance of Not-to-Exceed $600,000 General
Obligation Bonds of the City of Dubuque, State of Iowa (for General Corporate Purposes), and providing for
publication of notice thereof ....................................................................................................................... 133
No. 122-19 Fixing date for a meeting on the proposition of the issuance of Not-to-Exceed $1,690,000 General
Obligation Bonds of the City of Dubuque, State of Iowa (for Essential Corporate Urban Renewal Purposes),
and providing for publication of notice thereof .......................................................................................... 133
No. 123-19 Setting the date for a public hearing on Iowa DOT Consolidated Funding Application ................ 135
No. 124-19 Approving a Development Agreement by and between the City of Dubuque, Iowa and Prairie
Farms Dairy, Inc. providing for the issuance of Urban Renewal Tax Increment Revenue Obligations for the
Expansion of 3510 Central Avenue .............................................................................................................. 136
No. 125-19 Approving the disposal of an interest in real property owned by the City of Dubuque by leases
between the City of Dubuque, Iowa and the Iowa Communications and Technology commission (ICN) ... 137
No. 126-19 Awarding public improvement contract for 2019 Decorative Concrete Maintenance Project. .... 138
No. 127-19 Awarding Public Improvement Contract for the Seippel Road Water Main Relocation Project. .. 138
No. 128-19 Awarding the public improvement contracts for the Water Distribution System Pressure A one 2:
Roosevelt Street 1.25 Million-Gallon, elevated Water Tower Projects Contracts A and B .......................... 138
No. 129-19 Consenting to the Assignment of the Redevelopment Project Agreement by and among the City of
Dubuque, Iowa, Dubuque Initiatives, and Flexsteel Industries, Inc., to Jackson Street Redevelopment. .... 139
No. 130-19 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 ......................................................... 140
No. 131-19 Attaching Single-Family Occupancy Restrictive Covenant to 1100 Roosevelt St., Dubuque ......... 141
No. 132-19 Authorizing HRDP Grant Application to State Historic Preservation Office for Continuation of
Phase I Archaeology Survey at Eagle Point Park .......................................................................................... 141
No. 133-19 Adopting the Dubuque County Multi-Jurisdictional Local Hazard Mitigation Plan ....................... 142
No. 134-19 Approving Wage Plan and Benefit Package for Non-Bargaining Unit Employees for FY2020 ....... 143
No. 135-19 Approving a Pre-Annexation Agreement between the City of Dubuque, Iowa and the Estate of
Phyllis F. Decker ........................................................................................................................................... 143
No. 136-19 Approving the Final Plat of Dubuque Sports Complex in Dubuque County, Iowa ......................... 144
No. 137-19 Approving Collateral Assignment of Development Agreement between the City of Dubuque, Iowa
and SS Event Center, LLC related to the rehabilitation of 101 E. 15th Street .............................................. 144
No. 138-19 Approving the Acquisition Plat of City Lot 484-A in the City of Dubuque, Iowa............................ 145
No. 139-19 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 .......................................................................................................................... 146
No. 140-19 Resolution of Intent to Dispose of an Interest in City of Dubuque real estate, setting a time and
place for hearing and providing for the publication of notice thereof ........................................................ 147
No. 140-A-19 Disposing of City interest in real property located at 1100 Roosevelt St. in the City of Dubuque,
re-setting the public hearing to May 20, 2019 at 6
00 p.m. in Historic Federal Building ............................................................................................................. 170
No. 140-B-19 Resolution of Intent to dispose of an interest in City of Dubuque real estate, setting a time and
place for hearing and providing for the publication of notice thereof ........................................................ 189
No. 141-19 Approving a Development Agreement between the City of Dubuque, Iowa and Three Amigos, LLC
including the issuance of Urban Renewal Tax Increment Revenue Obligations, for the Redevelopment of
898 Jackson Street ....................................................................................................................................... 148
488 INDEX Book 149
No. 142-19 Approval of Plans Specifications, form of contract, and estimated cost for 278 W. 17th Street
Housing Rehabilitation Improvements Project. ........................................................................................... 150
No. 143-19 To Receive and file public hearing on Status of Funded Activities - Contract #13-NDRH-001 for the
Community Development Block Grant, National Disaster Resilience (CDBG-NDR) Housing Grant ............. 150
No. 144-19 Amending current budget for Fiscal Year 2019 as last amended on October 1, 2018 .................. 151
No. 145-19 Approval of plans, specifications, form of contract and estimated cost for the Northwest Arterial -
Pennsylvania Avenue Right-Turn-Lane Project ............................................................................................ 152
No. 146-19 Authorizing request for Release of Funds and Certification for Community Development Block
Grant (CDBG) Funds for the 278 West 17th Street Project. ......................................................................... 152
No. 147-19 Approving the Amendment to the Collective Bargaining Agreement in effect from July 1, 2017 to
June 30, 2022, between the City of Dubuque, Iowa, and the Dubuque Professional Firefighters Association,
Local No. 25 and authorizing the Mayor to sign the Amendment ............................................................... 143
No. 148-19 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 ......................................................... 156
No. 149-19 Approving Certificate of Completion to Flexsteel Industries Inc. for development 385 Bell St. ... 157
No. 150-19 Adopting the Final Assessment Schedule for the 2018-2019 Snow Removal Assessment – Right-of-
Way Obstruction Removal Assessment Project ........................................................................................... 158
No. 151-19 Approving Plat of Proposed Vacated Right-of-Way of the alley between Jackson St. and White St.
from E. 16th St. to E. 15th St. described as City Lot 484-A, in the City of Dubuque, Iowa ........................... 159
No. 152-19 Approving U.S. Economic Devlt. Administration Disaster Relief Opportunity Grant, pledging local
match amount of $6,635,000 from State Sales Tax Increment or Stormwater Utility Funds, construction of
new Culvert Inlet Structure and Stormwater Pumping Station at 16th St. Detention Basin ....................... 159
No. 153-19 Accepting the 2018 Pavement Marking Project and authorizing the payment to the contractor 160
No. 154-19 Accepting a Grant of Easement for hike/bike trail and public utilities across part of Lot 2 of 2 of
Dubuque Industrial Center 7th Addition in the City of Dubuque, Iowa ....................................................... 160
No. 155-19 Accepting Grants of Easement for sidewalk and public utilities associated with the Northwest
Arterial - Pennsylvania Avenue Right-Turn Lane Project in the City of Dubuque, Iowa ............................... 161
No. 156-19 Accepting a Grant of Easement for sanitary sewer through, over and across part of Lot 1 in Cedar
Ridge Farm Place No. 16 in the City of Dubuque, Iowa ............................................................................... 161
No. 157-19 Approving IDOT Exhibit Map “A” 1 of 1 Proposed U.S. Highway 151 Access Control Limits 16th
Street; (Station 1557+68) - 300' = Station 1554+68, Admiral Sheehy Drive; (Station 3+10) - 300' = Station
0+10, Greyhound Park Road; (Station 3+10) + 300' = Station 6+10 in the City of Dubuque, Iowa .............. 163
No. 158-19 Approving the Preconstruction Funding Agreement (Agreement No. 2019-6-126) between the City
of Dubuque and Iowa Department of Transportation for the U.S. Highway 20 Resurfacing Project, from
Devon Drive to Old Highway Road ............................................................................................................... 163
No. 159-19 Approving the Cooperative Funding Agreement (No. 2019-16-138) between the City of Dubuque
and Iowa DOT for the 15 South Main Building Deconstruction Project ....................................................... 164
No. 160-19 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 .......................................................................................................................... 165
No. 161-19 Fixing date for a meeting on the authorization of a Loan and Disbursement Agreement and the
issuance of not-to-exceed $4,400,000 Water Revenue Capital Loan Notes of the City of Dubuque, Iowa and
providing for publication of notice thereof ................................................................................................. 166
No. 162-19 Resolution of Intent to vacate and dispose of City interest in the alley between Jackson St. and
White St. from E. 16th St. to E. 15th St. described as City Lot 484-A in the City of Dubuque, Iowa ............ 167
No. 163-19 Fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa on the
proposed Development Agreement with Marquette Hall, LLC, including the issuance of Urban Renewal Tax
Increment Revenue Obligations and providing for the publication of notice thereof ................................. 167
No. 164-19 Setting a public hearing on an application for voluntary annexation of territory to the City of
Dubuque, Iowa ............................................................................................................................................ 168
No. 165-19 Setting a public hearing on application to nominate Eagle Point Park, City Landmark Site .......... 169
No. 166-19 Approval of Consolidated Funding Application to Iowa DOT ........................................................ 170
No. 167-19 Instituting proceedings to take additional action for the issuance of not-to-exceed $10,045,000
General Obligation Bonds ............................................................................................................................ 171
No. 168-19 Instituting proceedings to take additional action for the issuance of not-to-exceed $700,000
General Obligation Bonds ............................................................................................................................ 171
No. 169-19 Instituting proceedings to take additional action for the issuance of not-to-exceed $600,000
General Obligation Bonds ............................................................................................................................ 171
489 INDEX Book 149
No. 170-19 Instituting proceedings to take additional action for the issuance of not-to-exceed $1,690,000
General Obligation Urban Renewal Bonds .................................................................................................. 171
No. 171-19 Awarding Bee Branch Healthy Homes (CDBG-NDR) ...................................................................... 173
No. 172-19 Awarding public improvement contract for the Northwest Arterial - Pennsylvania Avenue Right-
Turn Lane Project ......................................................................................................................................... 173
No. 173-19 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 ......................................................... 179
No. 174-19 Authorizing the Director of Finance and Budget to make the appropriate inter-fund transfers of
sums and record the same in the appropriate manner for FY2019 for the City of Dbq, Ia .......................... 179
No. 175-19 Approving the Plat of Survey of Maple Leaf Addition No. 4 in the City of Dubuque Iowa ............ 180
No. 176-19 Approving the Plat of Survey Lot 1 in the Northeast Quarter of the Northwest Quarter of Section
9, T89N, R2E of the 5TH P.M., Dubuque County, Iowa ................................................................................ 180
No. 177-19 Approving a Pre-Annexation Agreement between the City of Dubuque, Iowa and the Barbara A.
Schlitzer Trust Dated August 30, 2004 ......................................................................................................... 181
No. 178-19 Approving an Amended and Restated Environmental Covenant for the property at 949 Kerper
Boulevard in Dubuque, Dubuque County, Iowa locally known as Jule Operations and Training Center ..... 181
No. 179-19 Accepting Twin Ridge Lift Station Abandonment Project ............................................................. 182
No. 180-19 Accepting the Phase III of the 3-Inch Force Main Relocation Project from 7th Street to 9th Street
and authorizing the final payment to the contractor .................................................................................. 183
No. 181-19 Accepting the Catfish Creek Sanitary Interceptor Sewer - Stream Bank Emergency Repair Project
and Authorizing the final payment to the contractor .................................................................................. 183
No. 182-19 Accepting the NW Arterial and Plaza Drive Mastarm Replacement Project and Authorizing the
final payment to the contractor................................................................................................................... 184
No. 183-19 Accepting Millwork District Parking Lot #2 and authorizing final payment to contractor ............ 185
No. 184-19 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 .......................................................................................................................... 185
No. 185-19 Approving applications for retail cigarette/tobacco sales/nicotine/vapor permits, as required by
Iowa Code Chapter 453A.47A ...................................................................................................................... 185
No. 186-19 Setting a public hearing on amending Residential Parking Permit District H to include Key Way
Drive from Pennsylvania Avenue to Keymont Drive .................................................................................... 187
No. 187-19 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
advertisement for bids ................................................................................................................................. 187
No. 188-19 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
advertisement for bids ................................................................................................................................. 188
No. 189-19 Vacating the alley between Jackson St. and White St. from E. Sixteenth St. to E. Fifteenth St.,
described as City Lot 484-A in the City of Dubuque, Iowa ........................................................................... 193
No. 190-19 Disposing of City Interest in City Lot 484-A, in the City of Dubuque, Iowa. .................................. 193
No. 191-19 Instituting Proceedings to take additional action for the authorization of a Loan and Disbursement
Agreement and the issuance of not-to-exceed $4,400,000 Water Revenue Capital Loan Notes ................ 194
No. 192-19 Approving a Development Agreement by and between the City of Dubuque, Iowa and Marquette
Hall, LLC providing for the issuance of Urban Renewal Tax Increment Revenue Obligations for the
redevelopment of 2222 Queen Street ......................................................................................................... 195
No. 193-19 Approving and authorizing Amendment to Loan and Disbursement Agreement by and between
the City of Dubuque, the Iowa Finance Authority, and authorizing and providing for reissuance of $971,000
in outstanding principal amount of Sewer Revenue Capital Loan Note, Series 2009 .................................. 195
No. 194-19 Directing the Advertisement for Sale of $2,295,000* (Subject to adjustment per Terms of
Offering) General Obligation Bonds, Series 2019A, and approving electronic bidding procedures and
distribution of Preliminary Official Statement ............................................................................................. 196
No. 195-19 Directing the Advertisement for Sale of $860,000* (Subject to adjustment per Terms of Offering)
Taxable General Obligation Bonds, Series 2019B, and approving electronic bidding procedures and
distribution of Preliminary Official Statement ............................................................................................. 196
No. 196-19 Directing the Advertisement for Sale of $4,435,000* (Subject to adjustment per Terms of
Offering) General Obligation Refunding Bonds, Series 2019C, and approving electronic bidding procedures
and distribution of Preliminary Official Statement ...................................................................................... 196
490 INDEX Book 149
No. 197-19 Directing the Advertisement for Sale of $5,215,000* (Subject to adjustment per Terms of
Offering) Taxable General Obligation Refunding Bonds, Series 2019D, and approving electronic bidding
procedures and distribution of Preliminary Official Statement. .................................................................. 196
No. 198-19 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 ......................................................... 204
No. 199-19 Authorizing Brownfields Multipurpose Grant application to the U.S. Environmental Protection
Agency for the South Port, Washington Neighborhood and North End Areas ............................................ 204
No. 200-19 Authorization Request for Release of Funds and Certification for Lead-Based Paint Hazard Control
and Health Homes Production Grant Program ............................................................................................ 205
No. 201-19 Approving amendments to the Housing Choice Voucher Administrative Plan ............................. 205
No. 202-19 Rescinding approval of the Property Tax Abatement application submitted by Jeff Burds for the
property located at 67 Main Street as not in an Urban Revitalization area and authorizing the Transmittal of
the Recission to the City Assessor ............................................................................................................... 206
No. 203-19 Approving Right-of-Way Acquisition Plats associated with the 22nd Street/Kaufmann Avenue
Storm Sewer Improvements Project, White Street to Kleine Street, in the City of Dubuque ...................... 207
No. 204-19 Accepting Public Sanitary Sewer Improvements in the alley running from Vinton Street to Toledo
Street between Inwood Avenue and Oneida Avenue, in the City of Dubuque ............................................ 207
No. 205-19 Accepting Grants of Easement for Sidewalk, public utilities, public electric utilities associated with
22nd St./Kaufmann Ave. Storm Sewer Improvements Project, White St. to Kleine St., in the city of Dbq. .. 208
No. 206-19 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 .......................................................................................................................... 209
No. 207-19 Approving applications for retail cigarette/tobacco sales/nicotine/vapor permits, as required by
Iowa Code Chapter 453A.47A ...................................................................................................................... 209
No. 208-19 Fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa on the
approval of a 1st Amendment to Development Agreement between the City of Dubuque and 3000 Jackson,
LC, including the issuance of Urban Renewal Tax Increment Revenue Obligations, and providing for the
publication of notice thereof ....................................................................................................................... 210
No. 209-19 Disposing of City Interest in Real Estate Located at 1100 Roosevelt St., in Dubuque, Iowa. ........ 212
No. 210-19 Approving an application for voluntary annexation of territory to the City of Dubuque, Iowa .... 213
No. 211-19 Approval of plans, specifications, form of contract, and estimated cost for the 2019 Pavement
Marking Project. .......................................................................................................................................... 214
No. 212-19 Approval of plans, specifications, form of contract, and estimated cost for the Central Avenue (9th
- 21st) HMA Pavement Resurfacing Project. ................................................................................................ 214
No. 213-19 Directing Sale of $2,295,000* (Subject to adjustment per terms of Offering) General Obligation
Bonds, Series 2019A .................................................................................................................................... 215
No. 214-19 Appointing Wells Fargo Bank, N.A. of Minneapolis, Minnesota, to serve as Paying Agent, Bond
Registrar, and Transfer Agent, Approving the Paying Agent and Bond Registrar and Transfer Agent
Agreement and Authorizing the execution of the Agreement .................................................................... 215
No. 215-19 Authorizing and providing for the issuance of $2,240,000 GO Bonds, Series 2019A, levying a tax to
pay said Bonds, approval of the Tax Exemption Certificate and Continuing Disclosure Certificate ............ 215
No. 216-19 Directing sale of $860,000* (Subject to adjustment per terms of Offering) Taxable General
Obligation Bonds, Series 2019B ................................................................................................................... 215
No. 217-19 Appointing Wells Fargo Bank, N.A. of Minneapolis, Minnesota, to serve as Paying Agent, Bond
Registrar, and Transfer Agent, approving the Paying Agent and Bond Registrar and Transfer Agent
Agreement and authorizing the execution of the Agreement ..................................................................... 215
No. 218-19 Authorizing and providing for the issuance of $860,000 Taxable General Obligation Bonds, Series
2019B, and levying a tax to pay said Bonds; approval of the Continuing Disclosure Certificate ................. 215
No. 219-19 Directing sale of $4,435,000* (Subject to adjustment per terms of Offering) General Obligation
Refunding Bonds, Series 2019C ................................................................................................................... 215
No. 220-19 Authorizing redemption of outstanding General Obligation Bonds, Series 2012D was removed
from sale), of City of Dubuque, State of Iowa, dated June 28, 2012, and directing notice be given ........... 215
No. 221-19 Appointing Wells Fargo Bank, N.A. of Minneapolis, Minnesota, to serve as Paying Agent, Bond
Registrar, and Transfer Agent, approving the Paying Agent and Bond Registrar and Transfer Agent
Agreement and Authorizing the execution of the Agreement .................................................................... 215
No. 222-19 Authorizing and providing for the issuance of $4,240,000 General Obligation Refunding Bonds,
Series 2019C, and levying a tax to pay said Bonds; approval of the Tax Exemption Certificate and
Continuing Disclosure Certificate................................................................................................................. 215
491 INDEX Book 149
No. 223-19 Adopting Amendment 2 to the Fiscal Year 2019 (Program year 2018) Community Development
Block Grant (CDBG) Annual Action Plan ....................................................................................................... 238
No. 224-19 Approving Agreement with Affordable Housing Network, Inc., for rehabilitation of residential
property within City of Dubuque for resale or rental to low- and moderate-income families .................... 238
No. 225-19 Authorizing staff to negotiate, draft, and execute and an Agreement with Affordable H ousing
Network, Inc. for the Community Development Block Grant Funds allocated through the FY19 budget
process in accordance with a National Objective for the rehabilitation of residential property within the
City of Dubuque for resale or rental to low- and moderate-income families .............................................. 238
No. 226-19 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 ......................................................... 241
No. 227-19 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 ................................................................................................................................. 243
No. 228-19 Authorizing the Director of Finance and Budget to make appropriate interfund transfers of sums
and record the same in the appropriate manner for the Fiscal Year 2019 for City of Dbq., Ia. ................... 244
No. 229-19 Approving the contract for the administration of the 2019 U.S. Economic Development
Administration Disaster Relief Opportunity Grant for the stormwater pumping station at the 16th Street
Detention Basin to East Central Intergovernmental Association ................................................................. 245
No. 230-19 Adopting Amendment 1 to the Fiscal Year 2020 (Program Year 2019) Community Development
Block Grant (CDBG) Annual Action Plan ....................................................................................................... 245
No. 231-19 Authorizing request for Release of Funds and Certification for Community Development Block
Grant (CDBG) Funds for Fiscal Year 2020 (Program Funds 2019) ................................................................ 246
No. 232-19 Accepting a Grant of Easement for storm sewer utilities over and across a part of Lot 1-2-1-2 in
Laurel Place and Lot 1-1-2 in Laurel Place, in the City of Dubuque, Iowa .................................................... 247
No. 233-19 Accepting the Eagle Point Park Watermain Extension and Water Service Replacement and
authorizing the payment of the contract amount to the contractor ........................................................... 247
No. 234-19 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 .......................................................................................................................... 249
No. 235-19 Approving applications for retail cigarette/tobacco sales/nicotine/vapor permits, as required by
Iowa Code Chapter 453A.47A ...................................................................................................................... 249
No. 236-19 Intent to dispose of an interest in City of Dubuque real estate, setting a time and place for hearing
and providing for the publication of notice thereof .................................................................................... 250
No. 237-19 Approving First Amendment to Development Agreement by and between the City of Dbq, IA and
3000 Jackson, LC including the issuance of Urban Renewal Tax Increment Revenue Obligations .............. 252
No. 238-19 Awarding public improvement contract for the 2019 Pavement Marking Project. ...................... 253
No. 239-19 Awarding public improvement contract for the US52 - Central Avenue (9th - 21st Streets) HMA
Pavement Resurfacing Project ..................................................................................................................... 253
No. 240-19 Approving development of a plan for a new Urban Revitalization District. .................................. 253
No. 241-19 Resolution of Support and Financial Commitment for the Main Street Program in Dubuque ..... 248
No. 242-19 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 ......................................................... 255
No. 243-19 Approving the Funding Agreement (Agreement No. 2020-TS-017) with the Iowa Department of
Transportation for a Traffic Safety Improvement Program to fund the Smart Traffic Routing with Efficient
and Effective Traffic Signals (STREETS) ........................................................................................................ 256
No. 244-19 Approving the Funding Agreement (Agreement No. 2019-TS-025) with the Iowa Department of
Transportation for a Traffic Safety Improvement grant to fund the Smart Traffic Routing with Efficient and
Effective Traffic Signals (STREETS) ............................................................................................................... 256
No. 245-19 Adopting Supplement No. 32 to the Code of Ordinances of the City of Dubuque, Iowa .............. 257
No. 246-19 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 .......................................................................................................................... 258
No. 247-19 Preliminary approval of plans, specifications, form of contract and estimated cost; setting the
date for a public hearing on plans, specifications, form of contract, and estimated cost; and ordering the
advertisement of bids for the Chaplain Schmitt Veteran's Memorial Project ............................................. 258
No. 248-19 Resolution of Intent to vacate and dispose of City interest in public utility easement over and
across Lot 3 of Plaza Court, in the City of Dubuque, Iowa ........................................................................... 259
No. 249-19 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............................................ 260
492 INDEX Book 149
No. 250-19 Resolution of Necessity finding that certain property in and near Sky Blue Estates and Eagle Valley
Subdivision is an Economic Development Area and that the development of said area is necessary in the
interest of the residents of the City of Dubuque, Iowa, and setting a date for hearing on a proposed Urban
Renewal Plan for said District ...................................................................................................................... 260
No. 251-19 Disposing of City interest in real estate located at 445 Loras Blvd. in Dubuque, Iowa ................. 261
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 ......................................................... 264
No. 253-19 Naming Depositories ..................................................................................................................... 265
No. 254-19 Approving Second Contract Amendment to Economic Development Financial Assistance Contract
by and among Rockfarm Holdings, Inc., City of Dubuque, and Iowa Economic Development Authority .... 265
No. 255-19 Authorizing a Clean Water Awareness and Education Campaign Grant application to the Iowa
Department of Natural Resources for the Bee Branch Beekeepers Campaign ............................................ 266
No. 256-19 Accepting Public Storm Water Detention Facility Improvements in English Ridge Subdivision in the
City of Dubuque, Iowa ................................................................................................................................. 267
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 ................................................................................................................................. 267
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 Agreement, and other related matters ......................................................................... 268
No. 259-19 Approving an Amended and Restated Single-Family Residence Covenant for the property at 1849
Jackson Street, Dubuque, Iowa. ................................................................................................................... 272
No. 260-19 Authorizing a City of Dubuque Storm Drain Mural Pilot Project in the Bee Branch Watershed ... 273
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 .......................................................................................................................... 273
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 ...................................... 274
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
advertisement for bids................................................................................................................................. 274
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. ...................................................................................................................... 281
No. 265-19 Approval of plans, specifications, form of contract, and estimated cost for the Chaplain Schmitt
Veteran's Memorial Project. ........................................................................................................................ 282
No. 266-19 Approval of plans, specifications, form of contract, and estimated cost for the Chavenelle Road
Hike/Bike Trail Phase I ................................................................................................................................. 282
No. 267-19 Authorizing the filing of an application for State Business Financial Assistance on behalf of Crown
Holdings, Inc. and subsidiaries ..................................................................................................................... 282
No. 268-19 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 ......................................................... 289
No. 269-19 Authorizing the Director of Finance and Budget to make the appropriate interfund transfers of
sums and record the same in the appropriate manner for FY2019 for the City of Dubuque, Iowa............. 290
No. 270-19 Accepting a Grant of Easement for Certain Public Utilities Associated with the Marquette Place
Sanitary Sewer and Water Main Reconstruction Project in the City of Dubuque, Iowa .............................. 291
No. 271-19 Accepting the 15 South Main Street Building Deconstruction Project and authorizing the final
payment to the contractor .......................................................................................................................... 292
No. 272-19 Approving the Acquisition Plats of Lot A of Lot F of Timber-Hyrst Estates No. 4 and Lot A of Lot G
of Timber-Hyrst Estates No. 4 in the City of Dubuque, Iowa ....................................................................... 292
No. 273-19 Approving the Acquisition Plat of Lot 1A of McFadden Farm Place #2 in the City of Dbq, Ia ....... 293
No. 274-19 Approving a Sanitary Sewer Construction Memorandum of Agreement between the City of
Dubuque, Iowa and BVM/PHS Senior Housing, Inc. .................................................................................... 293
No. 275-19 Authorizing the Mayor to execute application for Continuum of Care grant and authorizing the
Director of Housing and community Development and the City Manager to approve the application ...... 294
No. 276-19 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 .......................................................................................................................... 296
493 INDEX Book 149
No. 277-19 Resolution of Intent to vacate and dispose of City Interest in a Grant of Easement for Water Main
and Sanitary Sewer Utilities over and across Lot 1 of Hefel Place in the City of Dubuque, Iowa ................ 296
No. 278-19 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
advertisement for bids ................................................................................................................................. 297
No. 279-19 Approval of 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) ............ 298
No. 280-19 Approving the Mutual Easement Agreement for the Millwork District and the Grant of Easement
between the City of Dubuque, Iowa (City) and Dupaco Voices, LLC (Dupaco). ........................................... 298
No. 281-19 Approving the Urban Renewal Plan for the Sky Blue Housing Urban Renewal Area .................... 299
No. 282-19 Awarding public improvement contract for the Chavenelle Road Hike-Bike Trail - Phase 1 Project
Iowa DOT Project No. EDP 2100(695)--7Y-31 .............................................................................................. 300
No. 283-19 Authorizing REAP Grant application to Iowa Department of Natural Resources for Phase 3 of Eagle
Point Park Environmental Restoration Management Plan .......................................................................... 304
No. 284-19 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 ......................................................... 309
No. 285-19 Approving IA Depart. of Transportation Agreement for Traffic Safety Improvement Program
Funding for Phase I Smart Traffic Routing with Efficient and Effective Traffic Signals (STREETS) Project ... 309
No. 286-19 Attaching Single-Family Occupancy Restrictive Covenant to 445 Loras Blvd., Dubuque, IA ......... 310
No. 287-19 Rejecting competitive bid proposal received for Chaplain Schmitt Veteran's Memorial Project . 310
No. 288-19 Accepting the 2019 Asphalt Overlay Access Ramp Project one and authorizing the final payment
to the contractor.......................................................................................................................................... 311
No. 289-19 Accepting the 2019 Asphalt Overlay Access Ramp Project Two and authorizing the final payment
to the contractor.......................................................................................................................................... 311
No. 290-19 Accepting the 2019 Asphalt Overlay Access Ramp Project Three and authorizing the final payment
to the contractor.......................................................................................................................................... 312
No. 291-19 Adopting the Final Assessment Schedule for Voluntary Assessment Project on Needham Place
Sidewalks - 5th Street to 7th Street ............................................................................................................. 313
No. 292-19 Accepting Public Sanitary Sewer Improvements Across Part of Lot 1 of Cedar Ridge Farm Place No.
16 in the City of Dubuque, Iowa .................................................................................................................. 313
No. 293-19 Accepting Public Storm Water Detention Facility Improvements in Pebble Cove Subdivision (Phase
1), in the City of Dubuque, Iowa .................................................................................................................. 314
No. 294-19 Accepting the Dubuque Skate Park Project and authorizing the payment of the contract amount
to the contractor.......................................................................................................................................... 314
No. 295-19 Accepting the East Blum Site Building Deconstruction Project ..................................................... 314
No. 296-19 Accepting the Orchard Drive Water Main Extension Project and authorizing the final payment to
the contractor .............................................................................................................................................. 315
No. 297-19 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 .......................................................................................................................... 316
No. 298-19 Approving applications for retail cigarette/tobacco sales/nicotine/vapor permits, as required by
Iowa Code Chapter 453A.47A ...................................................................................................................... 316
No. 299-91 Resolution of Intent to vacate and dispose of City interest in a Public Utility Easement over and
across Lot 1-1-3 of Stone Hill Community Subdivision #1, in the City of Dubuque, Iowa ............................ 317
No. 300-19 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
advertisement for bids ................................................................................................................................. 318
No. 301-19 Setting the date for the public hearing on Amendment No. 1 to the Fiscal Year 2020 Budget for
the City of Dubuque ..................................................................................................................................... 318
No. 302-19 Disposing of property by vacating City interest in an easement for water main and sanitary sewer
utilities over and across Lot 1 of Hefel Place, in the City of Dubuque, Iowa ................................................ 319
No. 303-19 Approval of plans, specifications, form of contract, and estimated cost for the Westside Water
System Fire Hydrant Installation Project ..................................................................................................... 320
No. 304-19 Awarding the public improvement contract for the Eagle Point Park Environmental Restoration
Project (Phase 1) Turf Conversion and Soil Quality Restoration (SQR) ........................................................ 320
No. 305-19 Authorizing the execution of a contract for State Business Financial Assistance by and among
Crown Holdings, Inc., and Subsidiaries and Crown Cork & Seals USA, Inc., the City of Dubuque, Iowa, and
the Iowa Economic Development Authority ................................................................................................ 320
494 INDEX Book 149
No. 306-19 Approving an Easement Agreement between the City of Dubuque, Iowa and Plastic Center, Inc.,
and accepting the Grant of Easement from Plastic Center, Inc ................................................................... 321
No. 307-19 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 ................................... 326
No. 308-19 Approving Dubuque County Historical Society's Grant Application to the Jeffris Heartland Fund for
a Historical Structure Report of the Mathias Ham House............................................................................ 327
No. 309-19 Authorizing the submission of a Consolidated Annual Performance and Evaluation Report (CAPER)
for the period commencing July 1, 2018 and Concluding June 30, 2019 ..................................................... 327
No. 310-19 Requesting the Mayor to provide Certification of Consistency with the City of Dubuque's
Consolidated Plan ........................................................................................................................................ 328
No. 311-19 Approving the acquisition of real estate owned by Steven and Sandra Bahl in Dbq, IA. .............. 328
No. 312-19 Approving CLG Grant application to State Historic Preservation Office for preservation planning at
Eagle Point Park Historic District.................................................................................................................. 329
No. 313-19 Authorizing the filing of a grant application with the Iowa Department of Transportation for
Traffic Safety Improvement Grant funding to assist with funding for proposed improvements to extend the
eastbound Northwest arterial dedicated left-turn lane onto John F. Kennedy Road .................................. 330
No. 314-19 Approving commitment of matching funds for an application to the Iowa Finance Authority (IFA)
for State Housing Trust Funds...................................................................................................................... 330
No. 315-19 Accepting Grant of Easement for Sidewalk and Public Utilities associated with the JFK Road and
Hillcrest Road Traffic Signal Project, in the City of Dubuque, Iowa ............................................................. 331
No. 316-19 Accepting a Grant of Easement for sidewalk and public utilities associated with the JKF Road and
Hillcrest Road Traffic signal Project, in the City of Dubuque, Iowa .............................................................. 331
No. 317-19 Accepting the 15 South Main Street Site Utility Disconnect Project and Authorizing the Final
Payment to the Contractor .......................................................................................................................... 331
No. 318-19 Approving an Environmental Covenant for the property at 1000 E. 12th Street in Dubuque,
Dubuque County, Iowa owned by the Iowa Department of Transportation ............................................... 332
No. 319-19 Approving the Fifth Amendment to the Development Agreement between the City of Dubuque,
Iowa and Weaver Castle, LLC ....................................................................................................................... 333
No. 320-19 Approving a First Amendment to Development Agreement by and among the City of Dubuque,
Iowa; Dupaco Voices, LLC; and Dupaco Community Credit Union............................................................... 333
No. 321-19 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 .......................................................................................................................... 334
No. 322-19 Fixing date for a meeting on the proposition to authorize a Lease Agreement (General Fund) in
the principal amount of not-to-exceed $170,000 to acquire personal property for the City, and providing
for publication of notice thereof ................................................................................................................. 335
No. 323-19 Fixing date for a meeting on the proposition to authorize a Lease Agreement (General Fund) in
the principal amount of not-to-exceed $25,000 to acquire personal property for the City, and providing for
publication of notice thereof ....................................................................................................................... 335
No. 324-19 Disposing of property by vacating City interest in a Public Utility Easement over and across Lot 1-
1-3 of Stone Hill Community Subdivision #1, in the City of Dubuque, Iowa ................................................ 336
No. 325-19 Approval of plans, specifications, form of contract, and estimated cost for the Fire Station 6
External Stairwell Addition Project .............................................................................................................. 337
No. 326-19 Amending the current budget for the Fiscal Year Ending June 30, 2020 ...................................... 338
No. 327-19 Awarding the public improvement contract for the Westside Water System Fire Hydrant
Installation Project ....................................................................................................................................... 339
No. 328-19 Intent to fill vacancy in the 3rd Ward City Council Member by appointment until a new 3rd Ward
Council Member is elected and takes Oath of Office following November 2019 special election. ............. 356
No. 329-19 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 ................................... 359
No. 330-19 Approving the City of Dubuque Fiscal Year 2019 City Street Financing Report ............................ 360
No. 331-19 Approving a Pre-Annexation Agreement between the City of Dubuque, Iowa and Merlin C. Bartels,
Dean H. Bartels and Joan M. Bartels and Ned Oberbroeckling .................................................................... 360
No. 332-19 Approving a Grant Agreement by and between the City of Dubuque, Iowa and CSB Consulting
Company for the redevelopment of 1838 Central Avenue .......................................................................... 361
No. 333-19 Approving Final Plat of Cedar Lake - East Fifteenth Addition, in the City of Dubuque, Iowa ........ 362
No. 334-19 Approving prepayment of claims as amended .............................................................................. 363
No. 335-19 Accepting a Deed to Lot A in English Ridge Subdivision, in the City of Dubuque, Iowa ................ 364
495 INDEX Book 149
No. 336-19 Accepting the West Third Pumping Station Standby Generator 2018 Project and authorizing final
payment to the contractor .......................................................................................................................... 364
No. 337-19 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 .......................................................................................................................... 365
No. 338-19 Intent to dispose of City interest by Grant of Easement for private parking lot improvements
across part of West 9th Street right-of-way lying within City Lot 688 in City of Dubuque .......................... 366
No. 339-19 Resolution of Intent to dispose of an interest in City of Dubuque real estate, setting a time and
place for hearing and providing for the publication of notice thereof ........................................................ 366
No. 340-19 Instituting proceedings take additional action for authorization of a lease agreement (General
Fund) in principal amount not-to-exceed $170,000 to acquire personal property for City. ........................ 367
No. 341-19 Instituting proceedings to take additional action for authorization of Lease Agreement (General
Fund) in principal amount not-to-exceed $25,000 to acquire personal property for City ........................... 367
No. 342-19 Authorizing the filing of an application with the Iowa Economic Development Authority for
business financial assistance on behalf of Hormel Foods Corporation and Progressive Processing, LLC. ... 368
No. 343-19 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 .......................................................................................................................... 369
No. 344-19 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 ................................... 371
No. 345-19 Authorizing execution of a Community Development Block Grant Agreement with Dubuque
Visiting Nurse Association ............................................................................................................................ 371
No. 346-19 Authorizing execution of a Community Development Block Grant Agreement with Crescent
Community Health Center ........................................................................................................................... 372
No. 347-19 Approving a Grant Agreement by and between the City of Dubuque, Iowa and Hitzler Rental, LLC
for the Redevelopment of 1902 Central Avenue ......................................................................................... 373
No. 348-19 Rejecting competitive bid proposals received Fire Station 6 External Stairway Addition Project. 373
No. 349-19 Approving the Acquisition Plat of Lot 2-1-A, Adams Company's 4th Addition, in Dubuque ......... 374
No. 350-19 Accepting Grants of Easement for Sanitary Sewer Utility Associated with the Cedar Lake - East
Fifteenth Addition Public Improvements in the City of Dubuque, Iowa ...................................................... 374
No. 351-19 Accepting Grant of Easement for Sanitary Sewer Utility Across Parts of Lot 1 of Mississippi Heights
Subdivision No. 5 and Lot 10 of Mississippi Heights Subdivision No. 3, in Dubuque ................................... 374
No. 352-19 Authorizing emergency repairs to the retaining wall on Madison St. and the associated street
pavement and sidewalk portions ................................................................................................................. 375
No. 353-19 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 .......................................................................................................................... 376
No. 354-19 Approving applications for retail cigarette/tobacco sales/nicotine/vapor permits, as required by
Iowa Code Chapter 453A.47A ...................................................................................................................... 376
No. 355-19 (1) Approving the Minimum Requirements, Competitive Criteria, and Offering Procedures for the
Development and the Sale of Certain Real Property And Improvements in the Greater Downtown Urban
Renewal District; (2) Determining that the Offer to Purchase submitted by Merge, LLC satisfies the Offering
Requirements with respect to the real property and improvements and declaring the intent of the City
Council to approve the sale to Merge, LLC in the event that no competing proposals are submitted ........ 378
No. 356-19 Authorizing and directing the City Manager to prepare an Amended and Restated Urban Renewal
Plan for the Greater Downtown Urban Renewal District, and setting dates of hearing and consultation on a
proposed Amended and Restated Urban Renewal Plan for said District ..................................................... 380
No. 357-19 Finding that the designation of the Dbq. Urban Revitalization Plan is necessary in interest of public
health, safety and welfare the residents of the City of Dbq. and providing for public hearing thereon ..... 381
No. 358-19 Resolution of Intent to consider a proposed Third Amendment to Development Agreement; fixing
the date for a public hearing of the City Council of the City of Dubuque, Iowa on the proposed issuance of
Urban Renewal Tax Increment Revenue Grant Obligations to Progressive Processing, LLC ........................ 381
No. 359-19 Resolution of Intent to dispose of an interest in City of Dubuque Owned real estate by sale to BAS
Development, LLC pursuant to a proposed Development Agreement; fixing the date for a public hearing of
the City Council of the City of Dubuque, Iowa on the proposed sale of the real estate and on the issuance of
Urban Renewal Tax Increment Revenue Grant Obligations to Unison Solutions, Inc.; and providing for the
publication of notice .................................................................................................................................... 382
No. 360-19 Resolution of Intent to dispose of an interest in City of Dubuque real estate pursuant to a
Development Agreement Between the City of Dubuque and Walter Development, LLC and fixing the date
496 INDEX Book 149
for a public hearing of the City Council of the City of Dubuque, Iowa on the Development Agreement
including the proposed issuance of Urban Renewal Tax Increment Revenue Grant Obligations and providing
for the publication of notice thereof ........................................................................................................... 383
No. 361-19 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
advertisement of bids .................................................................................................................................. 384
No. 362-19 Authorizing and directing the City Manager to prepare an Amended and Restated Urban Renewal
Plan for the Dubuque Industrial Center Economic Development District, and setting dates of hearing and
consultation on the proposed Amended and Restated Urban Renew al Plan for said District.................... 385
No. 363-19 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
advertisement for bids................................................................................................................................. 386
No. 364-19 Disposing of an interest in City of Dubuque real estate by Grant of Easement for private parking
lot improvements across part of the West 9th Street Right-of-Way lying within City Lot 688 in the City of
Dubuque, Iowa to Woodward Communications, Inc. .................................................................................. 386
No. 365-19 Disposing of City Interest in real estate located at 799 Rush St. in the City of Dbq, IA. ................ 387
No. 366-19 Approving the termination of Redevelopment Project Agreement by and among the City of
Dubuque, Iowa, (“City”), Dubuque Initiatives, (“Initiatives”), Flexsteel Industries, Inc., (“Flexsteel”), and
County of Dubuque, Iowa, (“County”) (Collectively the “Parties”); ............................................................. 388
No. 367-19 Approving an Amendment to Offer to Buy Real Estate and Acceptance between the City of
Dubuque and Dubuque County, Iowa.......................................................................................................... 388
No. 368-19 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 ......................................................... 390
No. 369-19 Approving the Assignment of a Purchase of Services Agreement between the City of Dubuque and
East Central Development Corporation from East Central Development Corporation to Community
Solutions Eastern Iowa ................................................................................................................................ 391
No. 370-19 Approving an Agreement for services between the City of Dubuque and East Central Development
Corporation from East Central Development Corporation to Community Solutions of Eastern Iowa ........ 391
No. 371-19 Accepting the Storm Sewer Construction Chavenelle Road - First Supply 2019 Project and
authorizing the final payment to the contractor ......................................................................................... 392
No. 372-19 Accepting the Usha Park Parking Lot Expansion Project and authorizing the payment of the
contract amount to the contractor .............................................................................................................. 393
No. 373-19 Accepting the Dubuque Montessori Parking Lot Asphalt Paving Project and Authorizing the
payment to the contractor .......................................................................................................................... 393
No. 374-19 Approving the Plat of Survey of Lot 1 & Lot 2 of Ahmed Place in the City of Dubuque, Iowa ...... 394
No. 375-19 Approving Plat of Survey of Lot 1-2 and Lot 2-2 of McFadden Farm Place in the City of Dubuque,
Dubuque County, Iowa ................................................................................................................................ 394
No. 376A-19 Approving Plat of Survey of Lot 1 and 2 of McFadden Farm Place No. 4 in the City of Dubuque,
Dubuque County, Iowa ................................................................................................................................ 395
No. 376B-19 Approving Plat of Survey of Loat 1-2 and Lot 2-2 of McFadden Farm Place No. 4 in the City of
Dubuque, Dubuque County, Iowa ............................................................................................................... 395
No. 377-19 Authorizing an Amendment to the Funding Agreement between the City of Dubuque and the
State of Iowa Flood Mitigation Board for the City's use of Sales Tax Increment funding for the Bee Branch
Watershed Flood Mitigation Project............................................................................................................ 396
No. 378-19 Adopting Supplement No. 33 to the Code of Ordinances of the City of Dubuque, Iowa .............. 397
No. 379-19 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 .......................................................................................................................... 397
No. 380-19 Setting the date for the public hearing on Amendment No. 2 to the Fiscal Year 2020 Budget for
the City of Dubuque ..................................................................................................................................... 398
No. 381-19 Approval of plans, specifications, form of contract, and estimated cost for the Multicultural Family
Center Expansion and Renovation Project .................................................................................................. 399
No. 382-19 Amending the original Resolution, approved on February 18, 2019, said Resolution Approving and
Authorizing a Loan and Disbursement Agreement with the Iowa Finance Authority and authorizing and
providing for the issuance of Sewer Revenue Capital Loan Note, Series 2019, in order to provide for the
funding of a Sponsored Project under the terms of a new Series 2019 Note to be issued in the principal
amount of $2,652,630.89, which includes approval of a Supplemental Tax Exemption Certificate ............ 400
No. 383-19 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 ......................................................... 402
497 INDEX Book 149
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 ....................................................................................................................................... 403
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 ........................ 403
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 .......................................................................................................................... 405
No. 387-19 Approving the Amended and Restated Urban Renewal Plan Version 2019.1, for the Dubuque
Industrial Center Economic Development District ....................................................................................... 406
No. 388-19 Approving the Third Amendment to Development Agreement between the City of Dubuque, Iowa
and Progressive Processing, LLC .................................................................................................................. 407
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
Increment Revenue Obligations .................................................................................................................. 407
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 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 .................................................................................................................................... 408
No. 391-19 Approval of plans, specifications, form of contract, and estimated cost for the Ice Harbor Flood
Gate Abutment Repair Project ..................................................................................................................... 408
No. 392-19 Amending the current budget for the Fiscal Year ending June 30, 2020 as amended last on
September 3, 2019 ...................................................................................................................................... 409
No. 393-19 Awarding Public Improvement Contract for the Multicultural Family Center (MFC) Expansion and
Renovation Project ...................................................................................................................................... 411
No. 394-19 Authorizing the execution of a contract for State Business Financial Assistance by and among
Hormel Foods Corporation and Progressive Processing, LLC; the City of Dubuque, Iowa and the Iowa
Economic Development Authority ............................................................................................................... 411
No. 395-19 Approving PHA Policy updates for special housing types permitted for families receiving Housing
Choice Voucher assistance........................................................................................................................... 412
No. 396-19 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 ......................................................... 416
No. 397-19 Awarding public improve. contract for Ice Harbor Flood Gate Abutment Repair Project ............. 417
No. 398-19 Accepting the Tamarack Park Water Main Extension (Phase 1) Project and authorizing final
payment to the contractor .......................................................................................................................... 417
No. 399-19 Accepting the DICW - McFadden Farm Grading Phase I Project and authorizing the payment of the
contract amount to the contractor .............................................................................................................. 418
No. 400-19 Accepting a Grant of Easement for the public sanitary sewer through, over and across part of Lot
171A in East Dubuque Addition, in the City of Dubuque, Iowa ................................................................... 419
No. 401-19 Approving the Acquisition Plats of Lot A of the Southeast Quarter of the Southwest Quarter of the
Southwest Quarter of Section 34, T89N, R2E of the 5th P.M., Dubuque County, Iowa and Lot 1-1-A and Lot
1-1-B of the Southeast Quarter of the Southwest Quarter of Section 34, T89N, R2E of the 5th P.M.,
Dubuque County, Iowa ................................................................................................................................ 419
No. 402-19 Authorizing the City of collect de-linquent problem property charges in accordance with 14-1J1
International Property ................................................................................................................................. 420
No. 403-19 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 .......................................................................................................................... 421
No. 404-19 Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of
the public hearing on plans, specifications, form of contract, and estimated cost; and ordering the
advertisement for bids ................................................................................................................................. 422
No. 405-19 Approving the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban
Renewal District ........................................................................................................................................... 424
No. 406-19 Approving disposal of an interest in real property owned by the City of Dubuque by sale through a
Development Agreement with Merge, LLC. ................................................................................................. 424
No. 407-19 Rescinding resolutions creating certain Urban Revitalization Plans and adopting a new Dubuque
Urban Revitalization Plan ............................................................................................................................. 425
No. 408-19 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 ......................................................... 430
498 INDEX Book 149
No. 409-19 Approving a Grant Agreement by and between the City of Dubuque, Iowa and 84 Main, LLC for
the redevelopment of 84 Main Street ......................................................................................................... 431
No. 410-19 Authorizing filing of application with Iowa Economic Development Authority for Business Financial
Assistance on behalf of Cottingham & Butler Insurance Services, Inc. & Roshek Property, LLC .................. 431
No. 411-19 Authorizing the Filing of an Application for State Business Financial Assistance on Behalf of
Heartland Financial USA, Inc, Dubuque Bank and Trust Company, and Roshek Property, LLC .................... 432
No. 412-19 Approving the Fiscal Year 2019 Urban Renewal Report for The City of Dubuque ........................ 433
No. 413-19 Approving the Termination of the Development Agreement by and between the City of Dubuque,
Iowa and Dubuque Initiatives ...................................................................................................................... 433
No. 414-19 Approving Acquisition Plat Lot 1A of Valentine Place No. 3, City of Dbq and Dubuque Co., IA .... 434
No. 415-19 Approving Plat of Survey Lot 1 & Lot 2 of Adams Company’s 5th Addition in City of Dbq, IA. ..... 435
No. 416-19 Accepting the Grand River Center - Decorative Concrete Repair Project and authorizing the final
payment to the contractor .......................................................................................................................... 435
No. 417-19 Accepting the 2019 Decorative Concrete Maintenance Project and authorizing the final payment
to the contractor ......................................................................................................................................... 436
No. 418-19 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 .......................................................................................................................... 437
No. 419-09 Approving a First Amendment to Development Agreement by and Among the City of Dubuque,
Iowa, Roshek Property, LLC, Cottingham & Butler, Inc. and Heartland Financial USA, Inc. and Resolution No.
420-19 Fixing the Date for a Public Hearing of the City Council of the City of Dubuque, Iowa on a proposed
Development Agreement as Amended by and among the City of Dubuque, Iowa, Roshek Property, LLC,
Cottingham & Butler, Inc. and Heartland Financial USA, Inc, including the issuance of Urban Renewal Tax
Increment Revenue Obligations, and providing for the publication of notice thereof ................................ 437
No. 420-19 Fixing the Date for a Public Hearing of the City Council of the City of Dubuque, Iowa on a proposed
Development Agreement as Amended by and among the City of Dubuque, Iowa, Roshek Property, LLC,
Cottingham & Butler, Inc. and Heartland Financial USA, Inc, including the issuance of Urban Renewal Tax
Increment Revenue Obligations, and providing for the publication of notice thereof. ............................... 437
No. 421-19 Setting a public hearing on amending Residential Parking Permit District A to remove a section of
Grace Street from North Algona Street to 270 Feet East of McCormick Street and set a public hearing for a
meeting to commence at 6:00 p.m. on December 16, 2019 in the Historic Federal Building. .................... 438
No. 422-19. Approval of plans, specifications, form of contract, and estimated cost for the Lower Bee Branch
Security Network Project. ............................................................................................................................ 439
No. 423-19 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 ......................................................... 441
No. 424-19 Approving a Pre-Annexation Agreement Between the City of Dubuque, Iowa and John R. and
Emily M. Sewell ............................................................................................................................................ 442
No. 425-19 Approving the Acquisition Plat of Lot 10A of F.D.R. Park View Heights, Section 3, Township 88
North Range 2 east of the 5th Principal Meridian in Dubuque County, Iowa .............................................. 442
No. 426-19 Approving the Acquisition Plat of Lot 2-2-1-2-A of West Fractional Half of the Northwest Quarter
Section 3, Township 88 North Range 2 East of the 5th Principal Meridian in Dubuque County, Iowa ........ 443
No. 427-19 Approving the Acquisition Plat of Lot 2A of the East Fractional Half of the Northwest Quarter of
Section 3, T88N, R2E of the 5th P.M., Dubuque County, Iowa .................................................................... 444
No. 428-19 Authorizing Mayor to execute application for Family Unification Program Grant and authorizing
the Director of Housing and Community Development and City Manager approve the application .......... 444
No. 429-19 Approving Federal Aid Swap Funding Agreement (6-19-STBG-SWAP-039) with Iowa Department of
Transportation for Development and Advancement of East/West Corridor Capacity Improvements ........ 445
No. 430-19 Approving property tax abatement applications submitted by property owners in recognized
Urban Revitalization Areas authorizing transmittal of approved applications to the City Tax Assessor ..... 445
No. 431-19 Amending Agreement with Mercy Housing to extend maturity date of loan for property at 90
Main Street .................................................................................................................................................. 447
No. 432-19 Accepting a Grant of Easement for Sanitary Sewer Utility through, under and across part of Lot 64
in Timber-Hyrst Estates #5 in the City of Dubuque, Iowa ............................................................................ 447
No. 433-19 Accepting the 22nd Street Storm Sewer Improvements Project - Phase 1 (Elm to White Streets)
and authorizing the payment of the contract amount to the contractor; ................................................... 447
No. 434-19 Adopting the Final Assessment Schedule for the 22nd Street Storm Sewer Improvements Project -
Phase 1 (Elm to White Streets) .................................................................................................................... 447
No. 435-19 Accepting the Amy Court Drainage Improvements Project and Authorizing the final Payment to
the contractor .............................................................................................................................................. 449
499 INDEX Book 149
No. 436-19 Accepting Van Buren St. Energy Dissipator Project and Authorizing final payment to contractor 449
No. 437-19 Adopting Final Asst. Schedule for 2019 Public Right-of-Way Sidewalk Assessment Project ......... 450
No. 438-19 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 .......................................................................................................................... 451
No. 439-19 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
advertisement for bids ................................................................................................................................. 451
No. 440-19 Approving a Development Agreement as Amended by and among the City of Dubuque, Iowa;
Roshek Property, LLC; Cottingham & Butler, Inc.; and Heartland Financial USA, Inc. including the issuance of
Urban Renewal Tax Increment Revenue Obligations .................................................................................. 452
No. 441-19 Amending the Purchase Agreement for the acquisition of real estate owned by Blum Properties,
Inc. in the City of Dubuque .......................................................................................................................... 456
Resource Enhancement and Protection (REAP) Plan ................................................................................... 304, 403
Restated Urban Renewal Plan ............................................................................................................................. 385
Restrictive Covenant ..................................................................................................... 141, 147, 170, 189, 272, 310
Retired & Senior Volunteer Program ................................................................................................................... 295
Reynolds, David H., RV Horizons, Inc. President .................................................................................................. 123
Reynolds, Kim, Governor ..................................................................................................................................... 117
RFP Committee .................................................................................................................................................... 243
Richard, Chris ................................................................................................................. 181, See Zero-Interest Loan
Richards House B&B, The ...................................................................................................................................... 63
Ries, Brian ............................................................................................................................................................ 401
Riggs Bar and Grill ................................................................................................................................................ 187
Riley, Thomas W. ................................................................................................................................................. 247
River City Paving .................................................................................................................. 253, 273, 294, 334, 393
Riverview Center ................................................................................................................................................. 295
RMN Lounge, LLC ................................................................................................................................................... 31
Rockfarm Holdings, Inc ........................................................................................................................................ 265
Ron’s Discount Smokes and Beverage Center ............................................................................................. 186, 365
Ron's Five Point Mart ................................................................................................................................... 146, 186
Roosevelt Street Water Tower ................................................................................... 18, 66, 87, 166, 194, 316, 376
Roosevelt Street, 1100......................................................................................................... 141, 147, 170, 189, 212
Roshek Property, LLC ......................................................... 431, 432, 437, 438, 452, See Development Agreements
Rotary Club of Dubuque .............................................................................................................................. 165, 249
Rowe, Alex ........................................................................................................................................................... 154
Royal Oaks Development Corporation ................................................................................................ 168, 213, 214
Rupp Hollow Road ............................................................................................................................................... 181
Rush Street, 799 .......................................................................................................................................... 366, 387
RV Horizons, Inc. (aka Impact Communities) ....................................................................................... 123, 124, 411
RxBenefits, Inc. ............................................................................................................................................ 257, 310
S
S&R Jackson, LLC .................................................................................................................................................. 405
S&S Builders ......................................................................................................................................... 314, 315, 334
Sacred Heart Parish School .......................................................................................................................... 167, 195
Safety National .................................................................................................................................................... 257
Saiki Design ............................................................................................................................................................ 14
Sale of City-Owned Property ................................................................ See Intent to Dispose City-Owned Property
Salsa's Mexican Restaurant ................................................................................................................................. 118
Sam's Club.................................................................................................... 16, 180, 186, See Property Tax Appeals
Sand, Mary, 880 Goethe St. ......................................................................................................................... 424, 425
Schilzer, Barbara A., Trust ...................................................................................... See Pre-Annexation Agreements
Schlitzer Lane ............................................................................................................................................... 180, 181
Schneider, Mark, Community Development and Public Services Director for ECIA ............................................ 150
School Resource Officer (SRO) ............................................................................................................... 73, 308, 417
Schulz, Eric, 1045 W. 3rd Street ........................................................................................................................ 88, 92
Sealmaster Foam d/b/a S&S Builders .............................................................................................. See S&SBuilders
500 INDEX Book 149
Second Reading .............................................................................. 20, 261, 262, 283, 284, 339, 341, 342, 343, 346
Seippel Court, Lot 9 ...............................................................................................................See Request to Rezone
Seippel Road ...................................................................... 44, 84, 122, 138, 251, 388, 424, See Request to Rezone
SELCO, Inc. ................................................................................................................................... 160, 164, 253, 273
Self-Funded Health Plan ...................................................................................................................................... 295
Seven Hills Brewing Co, LLC ................................................................................................................................. 258
SevenG (7G) Properties, LLC ........................................................................................................................ 160, 161
Sewell, John R. and Emily M. ......................................................................... 442, See Pre-Annexation Agreements
Shafer, Geri .......................................................................................................................................................... 358
Shannon's Bar & Grill ........................................................................................................................................... 296
Sharon Drive .................................................................................................................................................... 64, 86
Sheets Design Build, LLC .............................................................................................................................. 411, 451
Sheffler, Savanah ................................................................................................................................................. 300
Sheldon, Cheryl .................................................................................................................................................... 442
Shenanigans Pub, LLC .................................................................................................................................. 165, 210
Shepard, Frank, Sr. ............................................................................................................................................... 411
Shimkus, Mike, WHKS & Co. ................................................................................................................................ 263
Shot Tower Inn .................................................................................................................................................... 187
Sid’s Beverage Store, Inc. ..................................................................................................................... 146, 250, 316
Sidewalk Installation, John F. Kennedy Road and NW Arterial City ..................................................................... 293
Sidewalk Repairs Assessments ............................................................................................................................ 313
Signed Contract(s) ......... 16, 30, 46, 83, 129, 146, 165, 185, 209, 249, 258, 273, 296, 316, 334, 365, 376, 405, 421
Silva, Richard, Landover President......................................................................................................................... 22
Silver Oaks Drive .................................................................................................................................. 168, 213, 214
Silver Oaks Estates Phase II (Elmwood/Silver Oaks Drives) ...................................................See Request to Rezone
Silvia, Lori and Brian ............................................................................................................................................ 447
Sister City Committee/Travel Dubuque ......................................................................................................... 91, 254
Skinny Maginny's ................................................................................................................................................. 422
Sky Blue Housing Urban Renewal Area ........................................................................................................ 299, 301
Skyline Storage & Trucking, Inc .................................................................................................... 137, 138, 165, 436
Small Cell Aesthetic Guidelines ...................................................................................................................... 20, 104
Small Community Air Service Development Pilot Program ................................................................................. 256
Smart Parking Services .......................................................................................................................................... 40
Smart Traffic Routing with Efficient and Effective Traffic Signals (STREETS) ............................... 256, 257, 309, 415
SMG .................................................................................................... 88, 142, 339, 414, See Five Flags Civic Center
Smith, Evan .......................................................................................................................................................... 169
Smith, Ginger ................................................................................................................................................... 24, 30
Smith, Robert, 1800 Keymont Ct. ........................................................................................................................ 439
Smokestack, The .................................................................................................................................................. 249
Soil Quality Restoration (SQR) ............................................................................................................................. 298
Solar Energy Systems ............................................................................................................................................. 83
Source of Income Report ................................................................................................................................. 37, 38
South Locust Street, 280 ................................................................................................................................ 46, 365
South Pointe Subdivision ....................................................................................................................................... 29
Southend Tap....................................................................................................................................................... 366
Special Olympics .................................................................................................................................................... 23
Spencer Gifts, LLC ................................................................................................................................................ 186
Sportsters Pub & Grub ......................................................................................................................................... 118
Squirrelly Merlies, LLC ................................................................................................................................. 369, 370
St. Catherine Road ............................................................................................................................................... 117
St. Mark Youth Enrichment.....................................................................................................54, 203, 241, 249, 390
Staffing Positions ....................... 26, 54, 56, 73, 82, 92, 145, 185, 213, 328, 339, 365, 373, 392, 421, 433, 445, 451
State of Iowa Annual Financial Report ................................................................................................................. 433
State of Iowa Revolving Loan Fund (SRF) ..................................................................................17, 57, 166, 194, 399
Steeple Square (SS) Event Center, LLC ......... 62, 144, 145, 159, 166, 167, 193, 194, See Development Agreements
Steger, John F. and Karla J. .................................................................................................................................. 419
STEM Programs............................................................................................................................................ 117, 173
Sterling Codifiers, Inc ................................................................................................................................... 257, 397
Stevens, Larry, Past APWA President and 2017 Top Ten Winner ........................................................................ 178
501 INDEX Book 149
Steve's Ace Home & Garden ................................................................................................................................ 451
Stieman, Julie A. and Eric B. ................................................................................................................................. 208
Stillings, Doug, MFC Board Member ...................................................................................................................... 73
Stock, Melissa A. .................................................................................................................................................. 208
Stone Cliff Winery, Inc ......................................................................................................................................... 165
Stone Quarry No. 2 .............................................................................................................................................. 143
Stop Loss Insurance Coverage Renewal ............................................................................................................... 242
Storybook Hill Children's Zoo ............................................................................................................................... 146
Stout LLC ........................................................................................................................................................ 62, 446
Straka Johnson Architects .................................................................................................................................... 123
Strand Associates Engineering Services, Inc. ............................................................................................... 159, 365
Stub, Thad M. ...................................................................................................................................................... 280
Sullivan, Gabby .................................................................................................................................................... 300
Sumek, Lyle, of Sumek Associates ....................................................................................................... 305, 306, 307
Super Stop .................................................................................................................... 186, 209, 210, 250, 296, 316
Supple, Peter, Dbq Community Foundation of Greater Dbq Economic Opportunity Coordinator .............. 288, 429
Sustainable Dubuque ................................................................................................................................... 155, 304
Sutton, Lynn, 859 Air Hill ................................................................................................................. 37, 54, 339, 411
SWAD, LLC.............................................................................................................................................. 68, 120, 189
Swearing-In .......................................................................................................................................................... 413
Sweeney, Leslie J. and John L. .............................................................................................................................. 104
T
Table Mound Mobile Home Park ................................................................................................. 123, 369, 411, 413
Tabled Items ................................................................................................................................................ 397, 421
Target Store ......................................................................................................................................................... 422
Tavern on the Main ............................................................................................................................................. 146
Tax Increment Financing (TIF) ......................................................................................... 76, 181, 238, 245, 301, 391
Taxable General Obligation Bonds ............................................................................................... 133, 196, 199, 224
T'bill's Properties, LLC .......................................................................................................................................... 446
Teamsters Local No. 120 ...................................................................................................................................... 142
Telecommunications and Technology Commission ................. 118, 137, See Iowa Communications Network (ICN)
Temperley Excavating, Inc. ............................................................................................. 78, 165, 255, 316, 334, 421
Teska Associates .................................................................................................................................... 16, 201, 323
Texas Roadhouse ................................................................................................................................................. 316
The Potential On Central ..................................................................................................................................... 327
Theisen’s .............................................................................................................................................................. 282
Third Ward Vacancy ...................................................................................................... 322, 339, 356, 357, 368, 369
Thirtyth Street ....................................................................................................................................................... 78
Three Amigos, LLC...................................................................................... 130, 148, See Development Agreements
Three Hundred Sixty Five-ink (365-ink)................................................................................................................ 101
Three Thousand Jackson, LC ...................................................................... 210, 252, See Development Agreements
Tigges, Jennifer, 4927 Wildflower .......................................................................................................................... 73
Till, Darla K. and Charles P. .................................................................................................................................. 443
Tilp, Michael, 2559 Elm Street ............................................................................................................................. 424
Timber-Hyrst Estates ............................................................................................................................. 14, 292, 447
Title VI/Non-Discrimination ................................................................................................................................. 395
Tjarks, Heyo H., and Camilla ................................................................................................................................ 419
Tobacco Compliance Civil Penalty ....................................................................................... 145, 146, 165, 185, 405
Tobacco Outlet Plus ..................................................................................................................................... 186, 187
Todd, Dale, Hatch Development Group Regional Director of Development ....................................................... 252
Toledo Street ....................................................................................................................................................... 207
Top Grade Excavating, Inc.................................................................................................... 125, 146, 183, 209, 417
Tott's Tap ............................................................................................................................................................. 165
Towers, Lisa B. ..................................................................................................................................................... 103
Town Clock Inn ...................................................................................................................................................... 63
Townsend, Tom, 1940 Amelia Drive .................................................................................................................... 368
Tracy, William C. and Kay J. ................................................................................................................................... 14
502 INDEX Book 149
Transit Advisory Board
Membership ............................................................................................................................................ 386, 398
Minutes ...............................................................................................................................24, 126, 178, 254, 416
Transportation Improvement Program (TIP) ....................................................................................................... 252
Travel Dubuque .................................................................... 26, 41, 42, 91, 102, 154, 249, 254, 327, 356, 439, 450
Tree City USA ............................................................................................................................................... 155, 451
Trees Forever ....................................................................................................................................... 101, 140, 155
Tricon General Construction, Inc. .................................................................................................................. 71, 417
Tri-State Independent Blind Society .................................................................................................................... 316
Tri-State Occupational Health, LLC ...................................................................................................................... 405
True North Program .............................................................................................................................................. 34
Tschiggfrie Excavating Co..................................................................................................................... 209, 376, 451
Two Bits, LLC ........................................................................................................................................................ 128
U
U.S. Department of Agriculture (USDA) ................................................................................................... 46, 90, 117
U.S. Department of Housing and Urban Development (HUD) ..... 102, 127, 152, 153, 174, 205, 246, 294, 327, 397,
444
U.S. Environmental Protection Agency (EPA) .......................................................................141, 182, 204, 332, 375
U.S. Highway Route 20 .................................................................................................................................... 25, 26
Unified Development Code ........... 20, 34, 37, 69, 120, 121, 148, 169, 190, 192, 213, 276, 281, 283, 339, 399, 423
Unison Solutions, Inc. ................................................................................ 382, 408, See Development Agreements
United Automobile Workers .................................................................................................................................. 16
University of Dubuque ........................................................... 148, 190, 191, 192, 438, 453, See Request to Rezone
University of Northern Iowa .......................................................................................................................... 43, 322
Unsen, Tom .......................................................................................................................................................... 300
Urban Deer Management Program ....................................................................................................................... 45
Urban Renewal Areas ...........................................................................................................260, 299, 301, 328, 425
Urban Renewal Report, Fiscal Year 2019 ............................................................................................................. 433
Urban Renewal Tax Increment Revenue Obligations ........................... 136, 167, 377, 381, 383, 407, 408, 437, 452
Urban Revitalization Areas ....................................................................................... 8, 21, 22, 23, 61, 206, 426, 427
Urban Revitalization Districts ...................................................................................................... 253, 325, 380, 425
Urban Revitalization Plan .......................................................................................................................... 8, 10, 445
Urban Sustainability Director’s Network (USDN) ................................................................................................. 105
V
Vacate Public Utility Easements ...........................................................................................128, 259, 281, 317, 336
Valentine, Gary ................................................................................................................................ 66, 87, 434, 435
Valentine, Jeremy R. ............................................................................................................................................ 208
Van Meter, Inc. .................................................................................................................................................... 140
Vapor City Outlet ................................................................................................................................................. 186
Venue, The ........................................................................................................................................................... 118
Vesely, Celena, Mercy Hospital ............................................................................................................................. 41
Vieth, Eric of Strand Associates ........................................................................................................................... 241
Vinny Vanucchi's Little Italy ................................................................................................................................. 274
Vinton Street ....................................................................................................................................................... 207
Visiting Nurse Association (VNA) ................................................................................................................. 294, 371
Vizaleea Drive ............................................................................................................................................ 19, 85, 86
Voices Building............................................................................................................................... 56, 105, 274, 298
Voltmer, Inc. .......................................................................................................................................... 62, 117, 184
Voluntary Annexations
Barbara A. Schlitzer Trust ................................................................................................................................ 181
Carolyn S. Haupert Trust .................................................................................................................................. 120
Donald, James and Mary Kathleen Molony Foundation .................................................................................... 13
Merlin C. Bartels, Dean H. Bartels and Joan M. Bartels and Ned Oberbroeckling ........................................... 361
Michael Portzen, SWAD, LLC.............................................................................................................................. 68
Phyllis F. Decker Estate .................................................................................................................................... 143
503 INDEX Book 149
Royal Oaks Development Corporation .................................................................................................... 168, 213
Voluntary Compliance Agreement (VCA) ............................................................................................................. 174
Volunteer Iowa .................................................................................................................................................... 294
W
Walgreens ............................................................................................................................................ 186, 209, 249
Walker, Stephanie R. and Darrell Jr. .................................................................................................................... 208
Waller, Marlene, MFC Board President ................................................................................................................. 73
Wal-Mart Stores East, LP ........................................................................................... 180, See Property Tax Appeals
Wal-Mart Supercenter ................................................................................................................................. 186, 377
Walnut Tap .................................................................................................................................................. 186, 274
Walter Development, LLC .......................................... 334, 382, 383, 395, 407, 408, See Development Agreements
Warranty Deed ............................................................................................................. 212, 262, 328, 329, 364, 388
Washington Neighborhood Market Analysis ................................................................................. 16, 240, 323, 360
Washington Park.......................................................................................................................................... 147, 256
Washington Street, 1597 - 1599 .......................................................................................................................... 394
Weaver Castle LLC ............................................................................................. 333, See Development Agreements
Webber, Dave, Pristine Properties, LLC ............................................................................................................... 363
Wee, Dr. Liang Chee, Northeast Iowa Community College President ................................................................. 430
Wegmann, John, 1710 Jackson St. ............................................................................................................... 424, 425
Weidenbacher, Albert ...................................................... 14, See Workers' Compensation Settlement Agreement
Weitz, Gale, 1630 Lori Ct. ...................................................................................................................................... 92
Wells Fargo Bank N.A. ............................................................................................... 12, 13, 196, 215, 216, 224, 230
Werner, Ray ......................................................................................................................................... 211, 251, 300
West 17th Street, 278 .................................................................................................... 130, 131, 149, 152, 173, 181
West 32nd Street & North Grandview Avenue ...................................................................... See Request to Rezone
West 3rd Street, 1515 .................................................................................................................................. 118, 137
West 8th Street, 757 .............................................................................................................. See Request to Rezone
West Dubuque Tap .............................................................................................................................................. 316
West Locust Street, 346-348................................................................................................................................ 333
West Locust Street, 690 ........................................................................... 34, 145, 249, 250, See Request to Rezone
West of English Mill Road and South of the Southwest Arterial ........................................... See Request to Rezone
Whiskey River ...................................................................................................................................................... 147
White Sox vs. Yankees Playing at Field of Dreams ............................................................................................... 327
White Street ................................................................................................. 32, 70, 88, 89, 146, 207, 208, 276, 447
White Street, 2216............................................................................................................................................... 272
White Street, 902 and 990 ................................................................................................................................... 276
White, Dan, Civil Service Commission Chairman ...... 26, 79, 127, 162, 163, 242, 272, 291, 329, 376, 405, 441, 442
White, Michael J. and Julie A. .............................................................................................................................. 259
WHKS Engineers .................................................................................................................................................. 163
Wicked Dame ....................................................................................................................................................... 406
Wilson Realty LLC ......................................................................................................................................... 243, 267
Windsor Avenue, 2017 .......................................................................................................................................... 29
Windsor Avenue, 3475 and 3485........................................................................... 319, 339, See Request to Rezone
Wipperfurth, Keith, University of Dubuque Director of Construction ................................................................. 148
Woller, Marlene, Multicultural Family Center (MFC) Board President ................................................................ 173
Wood, Hobie ........................................................................................................................ 101, 140, 155, 211, 251
Wood, Michael and Jacqueline ............................................................................................................................ 142
Wooden, Sam ...................................................................................................................................................... 411
Woodward Communications, Inc. ............................................................................................................... 366, 387
Workers’ Compensation
Claims Administrative Services Agreement ....................................................................................... 81, 242, 371
Excess Insurance Renewal ............................................................................................................................... 257
Insurance Program ........................................................................................................................................... 334
Settlement Agreement ...................................................................................................................................... 14
World Magazine's"Women of the Machine 2 Machine/Internet of Things"(WoM2M and IoT) Award .............. 241
504 INDEX Book 149
Y
Yankees vs.White Sox Playing at Field of Dreams ................................................................................................ 327
Yardarm ................................................................................................................................................................. 63
Yen Ching Restaurant .......................................................................................................................................... 406
Yordy, Mitzi, Grand River Center Manager .......................................................................................................... 152
Young Professionals ............................................................................................................................................. 126
Young Southeast Asia Leadership Institute Program ........................................................................................... 401
Your Pie................................................................................................................................................................ 437
Z
Zero-Interest Loan ............................................................................................................................................... 181
Zoning Advisory Commission
Minutes ......................................................................... 24, 55, 101, 140, 178, 241, 264, 308, 359, 390, 416, 440
Ordinance Amendments .............................................................................................................................. 20, 37
Recommendations ... 20, 34, 35, 144, 148, 180, 189, 213, 251, 252, 276, 280, 319, 339, 361, 394, 399, 423, 454
Zoning Board of Adjustment
Membership ............................................................................................................................................ 261, 276
Minutes ........................................................................... 7, 55, 101, 140, 178, 241, 264, 308, 359, 390, 416, 440
ZTM Sober Living, LLC .......................................................................................................................................... 265
Zuccaro, Joe, 1765 Plymouth Ct ............................................................................................................................ 88
Zull, Heidi ............................................................................................................................................................. 429
Zurcher Subdivision ............................................................................................................................................. 103