5 18 15 City Council Proceedings Official_Special and RegularCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special session at 5:15 p.m. on May 18,
toric Federal Building, 350 W. 6th Street.
Present: Mayor Pro Tem Sutton; Council Members, Braig Connors, Jones,
City Manager Van Milligen, City Attorney Lindahl (5:17 p.m.)
Absent: Mayor Buol
2015 in the His -
Lynch, Resnick;
Mayor Pro Tem Sutton read the call and stated this is a special session of the City Council
called for the purpose of conducting a work session on Parks to People.
WORK SESSION
Parks to People Pilot Program
Assistant City Manager Teri Goodman introduced staff and partnering representatives:
Planning Services Manager Laura Carstens, Leisure Services Manager Marie Ware, Chandra
Ravada (ECIA), Wayne Buchholtz (Mines of Spain), Dave Heiar and Nick Hockenberry
(Jackson County Regional Economic Development), Allison Simpson (Climb On Program),
and Brian Preston (Dubuque Co. Conservation Board). A slide presentation was given re-
garding the Dubuque, Jones, and Jackson County pilot initiative for the Parks to People
grant. Topics included:
• Established by the Iowa Parks Foundation
• Pilot program competition
• Grant Wood Mississippi River Region vision, application, and grant award
• Seventy -member steering committee
• Planning Process: tourism, quality of life, economic development
• Connectivity; cultural vitality; healthy people; healthy places
• Lasting legacy
• Final Plan: short term/long term, projects and scenic byway groups
• City of Dubuque involvement
• Mississippi River Circuit: travel, connect, drive, bike, boat
• In the Works: Hwy 52 Trail
There being no further business, upon motion the City Council adjourned at 5:51 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 6:30 p.m. on May 18, 2015 in the His-
toric Federal Building, 350 W. 6th Street.
Present: Mayor Buol (by phone); Mayor Pro Tem Sutton; Council Members Braig, Con-
nors, Jones, Lynch, Resnick; City Manager Van Milligen, City Attorney Lindahl
Mayor Pro Tem Sutton 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)
Public Works Week (May 17-23, 2015) was accepted by Civil Engineer Jon Dienst, Public
Works Director Don Vogt, and Street Maintenance Supervisor John Klostermann.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of
as indicated. Seconded by Connors. Motion carried 7-0.
1. Minutes and Reports Submitted: Civil Service Commission of 4-1; Library Board of 4-1;
Human Right Commission 4-13; Library Board of Trustees Report of 4-23; Parks and Recrea-
tion Commission of 4-14; Zoning Advisory Commission of 5-6; Zoning Board of Adjustments
of 4- 23; Proof of Publication for City Council Proceedings of 4-20. Upon motion the docu-
ments were received and filed.
2. Notice of Claims and Suits: Claim by Eugene Cliff for property damage; Claim by Dale
Larson for property damage; Claim by Mary Leick for property damage; Claim by Sheri Ley -
tem for property damage and loss of revenue; Claim by Jennifer Meyer for property damage;
Claim by Rodney Miller for property damage; Claim by Stanley Schwartz for property dam-
age. Upon motion the documents were received, filed and referred to the City Attorney.
3. Disposition of Claims: City Attorney advising that the following claims have been re-
ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance
Pool: Eugene Cliff for property damage; Dale Larson for property damage; Mary Leick for
property damage; Sheri Leytem for property damage and loss of revenue; Jennifer Meyer for
property damage; Rodney Miller for property damage; Stanley Schwartz for property damage.
Upon motion the documents were received, filed and concurred.
4. Mediacom Communications Company: Correspondence from Mediacom Communica-
tions Company advising the City of programming changes effective on or about June 1, 2015.
Upon motion the document was received and filed.
5. Iowa National Guard Usage Agreement: City Manager recommending approval of a Us-
age Agreement with the Iowa National Guard allowing the Guard to do training at Roosevelt
Park. Upon motion the documents were received, filed and approved.
6. Quarterly Investment Report: City Manager transmitting the March 31, 2015 Quarterly
Investment Report. Upon motion the documents were received and filed.
7. Workers Compensation Excess Insurance Renewal Fiscal Year 2016: City Manager
recommending approval of the renewal rate submitted by current carrier, Safety National, for
Fiscal Year 2016 Workers Compensation Excess Insurance. Upon motion the documents
were received, filed and approved.
8. Workers' Compensation Settlement - Jerome Ben: City Attorney recommending approv-
al of an Agreement of Settlement regarding a workers' compensation claim that was filed
against the City of Dubuque by Jerome Ben. Upon motion the documents were received, filed
and approved.
9. Improvement Contracts / Performance, Payment and Maintenance Bond: McDermott
Excavating for the SRF Green Alley Project Bid Set 7 - Year 1. Upon motion the documents
were received, filed and approved.
10. The Jule - Iowa Department of Transportation (IDOT) Fiscal Year 16 Consolidated
Funding Application: City Manager recommending approval of the submittal of the Consoli-
dated Funding Application to the Iowa Department of Transportation for The Jule's Fiscal
Year 2016 annual operating and maintenance allocations, the Lobbying Cost Certificate, Cer-
tificate of Cost Allocation Plan and Authorizing Resolution. Upon motion the documents were
received and filed and Resolution No. 157-15A Public Transit Infrastructure Authorizing
Resolution Approval of Grant Application to Iowa DOT for Consolidated Funding was adopt-
ed.
RESOLUTION NO. 157-15A
PUBLIC TRANSIT INFRASTRUCTURE AUTHORIZING RESOLUTION
APPROVAL OF GRANT APPLICATION TO IOWA DOT FOR CONSOLIDATED FUNDING
Whereas, the City of Dubuque provides fixed -route and paratransit services for the citizens
of Dubuque; and
Whereas, the Iowa Department of Transportation (IDOT) is a pass through funding entity
for federal capital and operating funds; and
Whereas, the City has historically applied through the IDOT for these funds; and
Whereas, the City Council finds that the applying for the funds to be beneficial to the con-
tinued 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 Transportation, which includes a City match.
Section 2. The Iowa Department of Transportation application will include requests and
mandatory certifications by the City of Dubuque as follows:
From the State Transit Assistance Program - 2.005114% of formula funds - Total:
$279,749
From federal funds for transit in non -urbanized areas and/or for transit serving primari-
ly elderly persons and persons with disabilities - $45,876
From statewide federal capital assistance for transit - $0
From statewide capital assistance (PTIG) for transit - $600,000
From statewide federal -pass through discretionary assistance (ICAAP) for transit - $0
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 to provide re-
quired local match for capital projects and at time of delivery will have the funds to operate
and maintain vehicles and equipment purchased under this contract.
We request that State Transit Assistance formula funding be advanced as allowed by law,
to improve system cash flow.
Section 3. That Candace Eudaley, Director of Transit Operations, is authorized to on be-
half 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 18th day of May, 2015.
Lynn V. Sutton, Mayor Pro tem
Attest: Kevin S. Firnstahl, City Clerk
11. Iowa Department of Transportation (IDOT) Funding Agreement: execute a Funding
Agreement with the Iowa Department of Transportation for a Traffic Safety Improvement
Grant to assist with the construction of a proposed Roundabout at the intersection of
Grandview Avenue and Delhi Street. Upon motion the documents were received and filed
and Resolution No. 158-15 Approving a Funding Agreement (2016 -Ts -008) With the Iowa
Department of Transportation for a Traffic Safety Improvement Grant to Assist With the Con-
struction of a Proposed Roundabout at the Intersection of Grandview Avenue and Delhi
Street was adopted.
RESOLUTION NO. 158-15
APPROVING A FUNDING AGREEMENT (2016 -TS -008) WITH THE IOWA DEPARTMENT
OF TRANSPORTATION FOR A TRAFFIC SAFETY IMPROVEMENT GRANT TO ASSIST
WITH THE CONSTRUCTION OF A PROPOSED ROUNDABOUT AT THE INTERSECTION
OF GRANDVIEW AVENUE AND DELHI STREET
Whereas, currently the Grandview Avenue and Delhi Street intersection is a five way stop
condition and has operational delays and inefficiencies during peak traffic periods; and
Whereas, the City of Dubuque has determined that improvements to this intersection, as
recommended by the Iowa Department of Transportation are in the best interest of the public
due to safety and/or operational concerns, construction of a roundabout will improve the level
of service of the Grandview Avenue and Delhi Street intersection; and
Whereas, the total cost for these improvements is estimated at $700,000.00. The Traffic
Safety Improvement Grant will fund $500,000.00 of this project, and the remaining cost,
$200,000 would be funding by City.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, THAT:
Section 1. That said Traffic Safety Improvement Grant funding will be used within the City
of Dubuque to assist with the construction of a proposed Roundabout at the intersection of
Grandview Avenue and Delhi Street is hereby approved.
Section 2. That the Mayor be authorized and directed to execute two copies of said Fund-
ing Agreement for the Traffic Safety Improvement Grant funding will be used within the City of
Dubuque to assist with the construction of a proposed Roundabout at the intersection of
Grandview Avenue and Delhi Street.
Passed, approved and adopted this 18th day of May, 2015.
Lynn V. Sutton, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
12. Dubuque Metropolitan Area Transportation Study (DMATS) Grant Application: City
Manager recommending authorizing the City of Dubuque to officially submit an application for
a Dubuque Metropolitan Area Transportation Study Grant to assist with funding the prelimi-
nary engineering phase for University Avenue "Overlap Section" between Pennsylvania and
Loras Boulevard as part of the East-West Corridor Improvements, which includes three
roundabouts. Upon motion the documents were received and filed and Resolution No. 159-15
Authorizing the Filing of a Transportation Improvement Program Grant Application with the
Dubuque Metropolitan Area Transportation Study (DMATS) for Funding the Preliminary Engi-
neering Phase for the University Avenue Overlap Section of the East-West Corridor Study
was adopted.
RESOLUTION NO. 159-15
RESOLUTION AUTHORIZING THE FILING OF A TRANSPORTATION IMPROVEMENT
PROGRAM GRANT APPLICATION WITH THE DUBUQUE METROPOLITAN AREA
TRANSPORTATION STUDY (DMATS) FOR FUNDING THE PRELIMINARY ENGINEER-
ING PHASE FOR THE UNIVERSITY AVENUE OVERLAP SECTION OF THE EAST -WEST
CORRIDOR STUDY
Whereas, the increasing growth of traffic volumes, along with operational and safety con-
cerns, in the University Avenue Overlap Section from Pennsylvania Avenue to Loras Boule-
vard in the City of Dubuque could be improved by street and intersection improvements; and
Whereas, the City has determined that improvements to this corridor, as recommended by
the adopted East-West Corridor Study, will improve traffic flow; and
Whereas, the City is requesting DMATS STP funding in the amount of $800,000 to assist
with the initial preliminary engineering phase; and
Whereas, the City has sufficient funds available to cover the local (20%) match in the
amount of $200,000.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, THAT:
Section 1. The City hereby supports and authorizes the grant application submittal for
funding through the DMATS Transportation Improvement Program to assist with funding the
initial preliminary engineering phase for the University Avenue Overlap Section identified in
the East-West Corridor Study.
Passed, approved and adopted this 18th day of May, 2015.
Lynn V. Sutton, Mayor Pro tem
Attest: Kevin S. Firnstahl, City Clerk
13. Closeout of Iowa Economic Development Authority (IEDA) Phase 2 Grant for Catfish
Creek Watershed Management Plan: City Manager transmitting documentation for closeout
of the Phase 2 Watershed Planning Grant from the Iowa Economic Development Authority to
produce the Catfish Creek Watershed Management Plan. Upon motion the documents were
received and filed.
14. Plat of Survey - Mihalakis Place No. 2: Zoning Advisory Commission recommending
approval of the request subject to allowing 16 feet of Lot frontage for Lot 2. Upon motion the
documents were received and filed and Resolution No. 160-15 Approving the Plat of Survey
of Lots 1 & 2 of Mihalakis Place No. 2 in City of Dubuque, Iowa, was adopted.
RESOLUTION NO. 160-15
RESOLUTION APPROVING THE PLAT OF SURVEY OF LOTS 1 & 2 OF MIHALAKIS
PLACE NO. 2 IN CITY OF DUBUQUE, IOWA
Whereas, there has been filed with the City Clerk a Plat of Survey of Lots 1 & 2 of Mihala-
kis Place No. 2 in the city of Dubuque, Iowa; and
Whereas, said Plat of Survey provides 16 feet of frontage for Lot 2 on a public or approved
private street, where 50 feet of street frontage is required by Section 11-14 of Title 16 of the
City of Dubuque Code of Ordinances, Unified Development Code; and
Whereas, said Plat of Survey has been examined by the Zoning Advisory Commission and
had its approval endorsed thereon; and
Whereas, said Plat of Survey has been examined by the City Council and they find that it
conforms to the statutes and ordinances relating 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 16 feet of frontage on a public street or an ap-
proved private street for Lot 2.
Section 2. That the Plat of Survey of Lots 1 & 2 of Mihalakis Place No. 2 is hereby ap-
proved and the Mayor and City Clerk are hereby authorized and directed to endorse the ap-
proval of the City of Dubuque, Iowa upon said Plat of Survey.
Passed, approved and adopted this 18th day of May 2015.
Lynn V. Sutton, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
15. Plat of Survey - City Property at Curtis Street and Bryant Street: City Manager recom-
mending approval of the Plat of Survey of Lot 1 and Lot 2 of Bonson and Stewart Place in the
City of Dubuque. Upon motion the documents were received and filed and Resolution No.
161-15 Approving Plat of Survey of Lot 1 and 2 of Bonson and Stewart Place in the City of
Dubuque, Dubuque County, Iowa, was adopted.
RESOLUTION NO. 161-15
APPROVING PLAT OF SURVEY OF LOT 1 AND 2 OF BONSON AND STEWART 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 29th day of April, 2015, prepared by The City of Dubuque, re -platting Lots E, F,
G and H of Bonson and Stewart's Subdivision, to be hereinafter known as Lot 1 and 2 of
Bonson and Stewart 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:
Section 1. That the plat dated the 29th day of April, 2015, prepared by The City of Dubuque
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 18th day of May, 2015.
Lynn V. Sutton, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
16. Storm Sewer Easement Acceptance - 328 Monroe Street: City Manager recommend-
ing acceptance of a permanent easement for storm sewer across a portion of residential
property at 328 Monroe Street. Upon motion the documents were received and filed and
Resolution No. 162-15 Accepting a Grant of Permanent Easement for Storm Sewer Through,
Over and Across Part of Lot 43 In Rebman's Subdivision, in the City of Dubuque, Iowa, was
adopted.
RESOLUTION NO. 162-15
ACCEPTING A GRANT OF PERMANENT EASEMENT FOR STORM SEWER THROUGH,
OVER AND ACROSS PART OF LOT 43 IN REBMAN'S SUBDIVISION, IN THE CITY OF
DUBUQUE, IOWA
Whereas, Richard R. and Gina M. Miller have executed a Permanent Easement for Storm
Sewer through, over and across Part of Lot 43 in Rebman's Subdivision, in the City of Dubu-
que, 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 Permanent Easement for Storm Sewer through, over and across
Part of Lot 43 in Rebman's Subdivision, in the City of Dubuque, Dubuque County, Iowa from
Richard R. and Gina M. Miller, 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 18th day of May, 2015.
Lynn V. Sutton, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
17. Utility Easement - Southwest Arterial Project from O'Rourke Farms LLC: City Manager
recommending approval and acceptance of permanent and temporary easements from
O'Rourke Farms LLC (Parcel 195) for the Southwest Arterial Project. Upon motion the docu-
ments were received and filed and Resolution No. 163-15 Accepting Grant of Easements
Upon Real Estate Owned by O'Rourke Farms, LLC in Dubuque County, Iowa, was adopted.
RESOLUTION NO. 163-15
ACCEPTING GRANT OF EASEMENTS UPON REAL ESTATE OWNED BY O'ROURKE
FARMS, L.L.C. IN DUBUQUE COUNTY, IOWA
Whereas, the City of Dubuque, Iowa has entered into an Agreement to purchase certain
Easements for the Southwest Arterial Project from O'Rourke Farms, L.L.C.; and
Whereas, the terms of the Agreement have been fulfilled.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council hereby accepts the Grant of Easements for the Southwest Ar-
terial Project from O'Rourke Farms, L.L.C. attached hereto.
Section 2. The City Manager is hereby authorized and directed to execute and
acknowledge on behalf of the City of Dubuque any instruments in connection therewith.
Passed, approved and adopted this 18th day of May, 2015.
Lynn V. Sutton, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
18. Property Acquisition - Parcel 195 from O'Rourke Farm, LLC. (SW Arterial Project): City
Manager recommending approval and acceptance of the Warranty Deed to certain real es-
tate from O'Rourke Farm, LLC (Parcel 195) for the Southwest Arterial Project. Upon motion
the documents were received and filed and Resolution No. 164-15 Accepting the Deed to
Certain Real Estate in Dubuque County, Iowa From O'Rourke Farms, LLC was adopted.
RESOLUTION NO. 164-15
ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA
FROM O'ROURKE FARMS, L.L.0
Whereas, the City of Dubuque, Iowa has entered into a Purchase Agreement on May 14,
2015, with O'Rourke Farms, L.L.C. for the Southwest Arterial Project for the purchase of cer-
tain real property in Dubuque County, Iowa, which lies within the following described proper-
ty:
LOT 1 SW 1/4 NW'/; LOT 3 SW'/ NW'/; LOT 1 NW'/ SW'/; SE'/ NW 1/4; AND
LOT 1 E''%SW'/4ALL IN SECTION 13, TOWNSHIP 88 NORTH, RANGE 2 EAST OF
THE 5TH P.M., in the County of Dubuque, State of Iowa And is more particularly
shown on the attached exhibits as follows: Project Parcel No. 195A-1 Fee Title Project
Parcel No. 195A-2 Fee Title; and
Whereas, the terms of the Agreement have been fulfilled.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council hereby accepts the Deed from O'Rourke Farms, L.L.C., at-
tached hereto.
Section 2. The City Clerk is hereby authorized and directed to record this Resolution and
the Deed with the Dubuque County Recorder.
Passed, approved and adopted this 18th day of May, 2015.
Lynn V. Sutton, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
19. Business License Refund: Request by Dubuque Racing Association, LTD. for a refund
of the Alcohol Licenses No. LC0026960 for Mystique Casino located at 1855 Greyhound Park
Dr. Upon motion the documents were received, filed and approved.
20. Business License Refund: Request by Road Ranger of Illinois, LLC for a refund of the
Alcohol License No. BC0029102 for Road Ranger located at 2175 Central Ave. Upon motion
the documents were received, filed and approved.
21. Tobacco Compliance - Civil Penalty for Tobacco License Holder - Spencer Gifts: City
Manager recommending approval of the Acknowledgement/Settlement Agreement for a to-
bacco compliance violation for Spencer Gifts, 555 John F. Kennedy, Unit 25. Upon motion
the documents were received, filed and approved.
22. Alcohol Compliance - Civil Penalty for Alcohol License Holder - Red Robin: City Man-
ager recommending approval of the Acknowledgment/Settlement Agreement for the alcohol
compliance violation for Red Robin, 2775 NW Arterial. Upon motion the documents were re-
ceived, filed and approved.
23. Alcohol License Renewals: City Manager recommending approval of annual liquor,
beer, and wine licenses as submitted. Upon motion the documents were received and filed
and Resolution No. 165-15 Approving applications for beer, liquor, and/or wine permits, as
required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations,
Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopt-
ed.
RESOLUTION NO. 165-15
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 LIQUOR 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 requirements of the Code of Ordinances.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Clerk is hereby authorized and directed to cause to be issued the not-
ed permit types to the following applicants pending submission of the locally required docu-
mentation:
Renewals
Beecher Beverage
Days Inn & Spirits Bar & Grill
Dubuque Golf & Country Club
Hartig Drug Co.
Hy -Vee Wine & Spirits "A"
Kalmes Breaktime Bar and Grill
Ooh La La
1691 Asbury Rd.
1111 Dodge St.
1800 Randall PI.
2255 JFK Rd.
3500 Dodge
1097 Jackson St.
3460 Hillcrest Rd.
Class E Liquor, Class B Wine, Class
C Beer (Sunday)
Class B Liquor (Outdoor) (Sunday)
Class A Liquor (Outdoor) (Sunday)
Class E Liquor, Class B Wine, Class
C Beer (Sunday)
Class E Liquor, Class B Wine, Class
C Beer (Sunday)
Class C Liquor (Sunday)
Class B Wine
W.E. Wholesale Outlet
Special Events
America's River Corporation
Dubuque Jaycees All That Jazz
6/19, 7/17, 8/21, 9/4
Irish Hooley Music Festival Alliant Amphitheater
Passed, approved and adopted this 18th day of May,
2040 Kerper Blvd.
501 Bell St.
Town Clock Plaza
Attest: Kevin S. Firnstahl, City Clerk
Class E Liquor, Class B Native Wine
Class B Beer (Outdoor)
Class B Beer (Outdoor)
Class C liquor (Outdoor)
2015.
Lynn V. Sutton, Mayor Pro Tem
ITEMS SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the documents, adopt the resolutions, set the public
hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Se-
conded by Connors. Motion carried 7-0.
1. Sale of Property at 1598 Washington Street: City Manager recommending that a public
hearing be set for June 1, 2015, for the purpose of disposing of City -owned real estate at
1598 Washington Street to the Community Housing Initiatives, Inc. Upon motion the docu-
ments were received and filed and Resolution No. 166-15 Intent to Dispose of an Interest in
City Owned Real Property by Deed to Community Housing Initiatives and Setting for Public
Hearing was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on
June 1, 2015 in the Historic Federal Building.
RESOLUTION NO. 166-15
INTENT TO DISPOSE OF AN INTEREST IN CITY OWNED REAL PROPERTY BY DEED
TO COMMUNITY HOUSING INITIATIVES AND SETTING FOR PUBLIC HEARING
Whereas, the City of Dubuque, Iowa (City) is the owner of 1598 Washington Street (the
Property) legally described as:
Lot 2 of Lot 1 of Lot 112 in East Dubuque, an Addition in the City of Dubuque, Iowa,
according to recorded plat thereof subject to right to use gas mains in Lot 1 of Lot 112,
as granted in Warranty Deed, Book 112TL, page 283, records of Dubuque County, Io-
wa; and
Whereas, City acquired the Property for the purpose of its restoration and re -sale for own-
er -occupied housing in the Washington Neighborhood; and
Whereas, City and Community Housing Initiatives (CHI) entered into an Agreement pursu-
ant to which City will convey the Property to CHI and CHI will rehabilitate the Property con-
sistent with the Washington Neighborhood Revitalization Strategy as approved by the City
Council; and
Whereas, conveying the Property to CHI is consistent with both the Washington Neighbor-
hood Revitalization Strategy and the City's intent for this specific property; and
Whereas, City inadvertently conveyed the property to CHI without holding the necessary
public hearing; and
Whereas, City desires to hold the required public hearing and ratify the conveyance of the
Property to CHI.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council shall conduct a public hearing on 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 June, 2015 beginning at 6:30 p.m.
Section 2. That 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 18th day of May, 2015.
Lynn V. Sutton, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
2. Sale of Property at 1513 Washington Street: City Manager recommending the City
Council set a public hearing for June 1, 2015, for the purpose of disposing of City- owned real
property located at 1513 Washington Street to Community Housing Initiatives, Inc. Upon mo-
tion the documents were received and filed and Resolution No. 167-15 Intent to Dispose of
an Interest in City Of Dubuque Real Estate, Setting a Time and Place for Hearing and Provid-
ing for the Publication of Notice Thereof was adopted setting a public hearing for a meeting to
commence at 6:30 p.m. on June 1, 2015 in the Historic Federal Building.
RESOLUTION NO. 167-15
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) is the owner of 1513 Washington Street (the
Property) legally described as:
The North half (1/2) of Lot 77 in East Dubuque, an Addition to the City of Dubuque,
Iowa, according to the recoded plat thereof, as granted by Deed, Record K, page 619
records of Dubuque County, Iowa; and
Whereas, City acquired the Property for the purpose of its restoration and re -sale for own-
er -occupied housing in the Washington Neighborhood; and
Whereas, City and Community Housing Initiatives (CHI) entered into an Agreement pursu-
ant to which City will convey the Property to CHI and CHI will rehabilitate the Property con-
sistent with the Washington Neighborhood Revitalization Strategy as approved by the City
Council; and
Whereas, conveying the Property to CHI is consistent with both the Washington Neighbor-
hood Revitalization Strategy and the City's intent for this specific property; and
Whereas, City desires to hold the required public hearing and conveyance of the Property
to CHI.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council shall conduct a public hearing on 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 June, 2015 beginning at 6:30 p.m.
Section 2. That 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 18th day of May, 2015.
Lynn V. Sutton, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
3. Sale of Property at 1421 Elm Street: City Manager recommending City Council set a
public hearing for June 1, 2015, for the purpose of disposing of City- owned real estate locat-
ed at 1421 Elm Street to Jacob G. Robertson. Upon motion the documents were received
and filed and Resolution No. 168-15 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 commence at 6:30 p.m. on
June 1, 2015 in the Historic Federal Building.
RESOLUTION NO. 168-15
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 has obtained certain real property in connection with the
Washington Neighborhood Incentives Program; and
Whereas, such rehabilitation is complete and the certain real property is ready for re -sale;
and
Whereas, the City of Dubuque has received an offer to purchase this certain real property
from Jacob G. Roberston; and
Whereas, by accepting this offer to purchase, the City of Dubuque's objectives of in-
creased homeownership by income qualified individuals and rehabilitation of vacant homes
are further realized.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque, Iowa, intends to dispose of its interest in the following
legally described property:
LOT 1 OF ANGIE'S PLACE, IN THE CITY OF DUBUQUE, IOWA, ACCORDING TO
THE RECORDED PLAT THEREOF — 1421 ELM STREET (the Property).
Section 2. That the City of Dubuque, Iowa, proposes to dispose of its interest in the Prop-
erty to Jacob G. Robertson for the sum of $60,000.00.
Section 3. That the City Clerk is hereby authorized 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 Property to be held on the 1st day of June, 2015, at 6:30
o'clock p.m. at the Historical Federal building, 350 West 6th Street, Dubuque, Iowa.
Passed, approved, and adopted this 18th day of May, 2015.
Lynn V. Sutton, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
4. Transit Fixed -Route Service Changes: City Manager recommending the City Council
schedule a public hearing for June 15, 2015, on the recommended route changes in coordi-
nation with the opening of the Intermodal Center in August 2015 and the transition from the
6th and Iowa Street Transfer to the Intermodal as the downtown hub. Upon motion the docu-
ments were received and filed and Resolution No. 169-15 Setting the Date for a Public Hear-
ing on Transit Fixed -Route Service Changes Associated with the Opening of the Dubuque
Intermodal Transportation Center was adopted setting a public hearing for a meeting to
commence at 6:30 p.m. on June 15, 2015 in the Historic Federal Building.
RESOLUTION NO. 169-15
SETTING THE DATE FOR A PUBLIC HEARING ON TRANSIT FIXED -ROUTE SERVICE
CHANGES ASSOCIATED WITH THE OPENING OF THE DUBUQUE INTERMODAL
TRANSPORTATION CENTER
Whereas, the City of Dubuque provides fixed -route and paratransit services for the citizens
of Dubuque; and
Whereas, the location of the downtown fixed -route transfer location will be moved from 6th
& Iowa St to the Dubuque Intermodal Transportation Center at 9th & Elm St; and
Whereas, the bus stop locations will be moved to align with the new transfer location; and
Whereas, the transfer location change is an optimal time to make other route adjustments
based on ridership patterns; and
Whereas, the proposed route changes will impact all daytime fixed -route transit riders; and
Whereas, the following changes to fixed -route service are proposed:
1. The downtown transfer location will be moved from 6th & Iowa Streets to 9th & Elm
Streets.
2. Downtown bus stops will be moved to align with the new transfer location at 9th &
Elm Streets.
3. Service to Key West will be reduced to every other hour.
4. Service to Fremont will be reduced to every other hour.
5. Service to the Port of Dubuque will operate only during business shuttle hours and
the Summer Trolley season.
6. Service along Loras Blvd will be reduced to once per hour.
If approved, the proposed fixed -route changes will take effect on or after August 1, 2015,
pending the opening and full operation of the Intermodal Transportation Center.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1: A public hearing will be held as part of the City Council Meeting on June 15,
2015. The meeting will begin at 6:30 p.m. and will be held in the City Council Chambers of
the Historic Federal Building, 350 W 6tn Street, Dubuque, Iowa. The purpose of the hearing is
to allow public comment on the route changes associated with the opening of the Dubuque
Intermodal Transportation Center.
Section 2: Interested persons may comment on the proposed fare increase either in writing
by filing with the City Clerk prior to the time of the public hearing or in person at the public
hearing. Any comments submitted will be considered by the City Council and following the
public hearing, the City Council will act to adopt or reject the proposed fare increase.
Passed, approved and adopted this 18th day of May, 2015.
Lynn V. Sutton, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
BOARDS/COMMISSIONS
Appointments to the following board/commissions were made at this meeting.
Electrical Code Board: Two, 3 Year terms through May 21, 2018 (Vacant term of Schmidt
and expiring term of Uhlrich) — Electrical background qualification required. One, 3 Year term
through May 21, 2017 (Vacant term Hammel) — Journeyman /Maintenance qualification re-
quired. Applicants: Zach Dowell, 2055 Winne Ct. (Qualifies for both); Dave Nebel Jr., 2064
Woodrow Dr. (Qualifies for both); Kevin Pfohl, 1878 Hummingbird Dr. (Qualifies for both);
Paul Uhlrich, 4890 Olympic Heights Rd. (Qualifies for both). Upon roll call vote, (Sutton, Buol,
Resnick, Connors, Lynch, Jones voting for Nebel; and Sutton, Braig, Buol, Connors, Lynch
and Jones voting for Uhlrich) Dave Nebel and Paul Uhlrich were appointed to 3 -year terms
through May 21, 2018. Upon roll call vote of 7-0, Kevin Pfohl was appointed to a 3 -year term
through May 21, 2018. Council Member Jones spoke to the importance of applicants intro-
ducing themselves to the City Council and addressing their interest in the appointment.
PUBLIC HEARINGS
2. Request to Rezone - Lots 4 & 5 Bies No. 2: Proof of Publication on notice of public hear-
ing to consider a request by Jeffrey and Nicole Imbus to rezone property from C-3 General
Commercial District with conditions to PUD Planned Unit Development to allow for Construc-
tion of an assisted living residential development and Zoning Advisory Commission recom-
mending approval. Communication from the applicant requesting that this item be tabled. Mo-
tion by Connors to table to a future meeting. Seconded by Lynch. Motion carried 7-0.
Upon motion the rules were suspended to allow anyone present to address the City Coun-
cil on the following items:
1. Unified Development Code Text Amendment Article 5-21.3 Agricultural District and 8-
5.10 Zoning Board of Adjustment: Proof of publication on notice of public hearing to consider
a request by the City of Dubuque to amend the City of Dubuque Code of Ordinances, Unified
Development Code, by amending Article 5-21.3 Agricultural District and 8-5.10 Zoning Board
of Adjustment Applications and Procedures to allow quarries as a conditional use in the AG
Agricultural 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 Braig. Planning Services Manager
Laura Carstens provided a staff report. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 35-15 Amending Ti-
tle 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by Amending
Article 5-21.3 Agricultural District and 8-5.10 Zoning Board of Adjustment Applications and
Procedures to allow quarries as a conditional use in the AG Agricultural District. Seconded by
Braig. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 35-15
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED
DEVELOPMENT CODE, BY AMENDING ARTICLE 5-21.3 AGRICULTURAL DISTRICT
AND 8-5.10 ZONING BOARD OF ADJUSTMENT APPLICATIONS AND PROCEDURES TO
ALLOW QUARRIES AS A CONDITIONAL USE IN THE AG AGRICULTURAL DISTRICT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development
Code Article 5-21.3 is hereby amended as follows:
5-21.3: Conditional Uses: The following may be permitted in AG District subject to the pro-
visions of Section 8-5 of this Title:
Kennel
Retail sale of agricultural products
Wind energy conversion systems
Quarry
Section 2. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development
Code Article 8-5.10 is hereby amended as follows:
8-5.10 List of Conditional Uses:
Quarry may be allowed in the AG Agricultural District in accordance with the following con-
ditions:
Submittal Requirements:
1. Name and address of the person/company requesting the conditional use permit.
2. The legal property description and acreage of the area to be quarried.
3. Submittal of an existing conditions map to include existing vegetation, existing drainage
and permanent water areas, existing structures and existing wells.
4. A layout plan depicting the proposed operations to include structures to be erected, lo-
cation of sites to be excavated showing depth of the proposed excavation, location of vehi-
cle access to the public street system, vehicle parking, and location of storage of explo-
sives.
5. A soil erosion and sediment control plan.
6. A plan for dust and noise control.
7. Any other information requested by the Zoning Board of Adjustment or City staff.
The following requirements will apply to a new or expanded quarry:
1. Setbacks:
a. Mining and quarry operations, excavation of the quarry face, processing of materi-
als, and material storage and equipment storage shall not be conducted closer than
100 feet to the property line or closer than 300 feet to any residential district.
b. Mining or quarry operations, and excavation of the quarry face, shall not be con-
ducted closer than 100 feet to the right-of-way line of an existing or platted street, road
or highway, except that excavating may be conducted within such limits in order to re-
duce the elevation thereof in conforming to the existing or platted streets, roadway or
highway.
2. Storage: All materials storage and equipment storage and/or use shall be a minimum of
100 feet from any public road right-of-way.
3. Parking: The minimum required off-street parking will be one space for each employee
plus one space for each vehicle used on site.
4. Access gates: All access points shall be gated and signed with appropriate warning
messages.
5. Paving Requirements: All access drives and vehicle parking and circulation areas con-
necting the quarry operation with public streets must be paved in a manner acceptable to
the City Engineer and City Planner. This requirement is necessary to prevent quarry mate-
rial from being deposited on public streets.
6. Water Resources:
a. The quarry operation shall not be allowed to interfere with surface water drainage
beyond the boundaries of the operation.
b. Surface water originating outside and passing through the quarry shall, as point of
departure from the site, be of equal quality of the water where it enters the site.
7. Site Plan Approval: A site plan shall be submitted for review and approval as provided in
Article 12 of the Unified Development Code with the following conditions:
a. After receiving approval for a Conditional Use Permit,
b. Prior to the issuance of any building permit,
c. Prior to commencement of any construction, grading or other land development ac-
tivity.
8. State Code Compliance: Applicants desiring to operate a quarry must meet all require-
ments from Chapters 208 and 101A of the Code of Iowa as well as all other pertinent rules,
regulations, or administrative policies as administered by the Office of State Fire Marshal
or other state or federal agencies.
9. Land Rehabilitation: Rehabilitation shall be completed within the standards prescribed
by the Iowa Department of Natural Resources in compliance with provisions set forth in the
Code of Iowa.
Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Adviso-
ry Commission of the City of Dubuque, Iowa.
Section 4. This ordinance shall take effect immediately upon publication, as provided by
law.
Passed, approved and adopted this 18th day of May, 2015.
/s/Lynn V. Sutton, Mayor Pro Tem
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 22nd day of May, 2015.
Attest: /s/Kevin S. Firnstahl, City Clerk
3. SRF Green Alley Project Bid Set 1 Year 3: Proof of Publication on notice of public hear-
ing to consider approval of plans, specifications, form of contract, and estimated cost and
adoption of the Resolution of Necessity and the Preliminary Schedule of Assessments for the
SRF Green Alley Bid Set 1 — Year 3 Project and the City Manager recommending approval.
Motion by Jones to receive and file the documents and adopt Resolution No. 170-15 Approv-
al of Plans, Specifications, Form of Contract, and Estimated Cost for the SRF Green Alley Bid
Set 1 — Year 3 Project; Resolution No. 171-15 Resolution With Respect to the Adoption of the
Resolution of Necessity Proposed for the SRF Green Alley Bid Set 1 — Year 3 Project; and
Resolution No. 172-15 Approving Schedule of Assessments and Estimate of Total Cost for
the SRF Green Alley Bid Set 1 — Year 3 Project. Seconded by Connors. Dennis Trieweiller,
2010 White Street; and William Freiburger, 1660 White Street, speaking on behalf of his fa-
ther, spoke of their concerns about the project's start date, assessments and replacement of
underground lateral lines. Civil Engineer Jon Dienst responded to questions stating that the
start date and start location can be negotiated once the contractor is determined and that en-
gineers will evaluate the age and condition of current lateral lines once they are exposed. Mr.
Dienst also stated that financial assistance is available for assessed properties and that park-
ing/street access will be monitored during the construction. Motion carried 7-0.
RESOLUTION NO. 170-15
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED
COST FOR THE SRF GREEN ALLEY BID SET 1 — YEAR 3 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 SRF
Green Alley Bid Set 1 — Year 3 Project, in the estimated amount $1,098,440.00, are hereby
approved.
Passed, adopted and approved this 18th day of May, 2015.
Lynn V. Sutton, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 171-15
RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECES-
SITY PROPOSED FOR THE SRF GREEN ALLEY BID SET 1 — YEAR 3 PROJECT
Whereas, the City Council has proposed a Resolution of Necessity for the SRF Green Al-
ley Bid Set 1 — Year 3 Project and has given notice of the public hearing thereon as required
by law; and
Whereas, the public hearing has been held, all persons offering objections have been
heard and consideration given to all objections and is pending before this Council; and
Whereas, this is the time and place set as provided for the taking of action on the pro-
posed Resolution of Necessity.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed Resolution of Necessity described above is hereby:
Adopted, without amendment, and all objections filed or made having been duly consid-
ered are overruled.
Passed, adopted and approved this 18th day of May, 2015.
Lynn V. Sutton, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 172-15
APPROVING SCHEDULE OF ASSESSMENTS AND ESTIMATE OF TOTAL COST FOR
THE SRF GREEN ALLEY BID SET 1 — YEAR 3 PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the attached plat, schedule of assessments, and estimate of total cost for the SRF
Green Alley Bid Set 1 — Year 3 Project are hereby approved.
Passed, approved and adopted this 18th day of May, 2015.
Lynn V. Sutton, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
4. Sale of Property at 2521 Stafford Street: Proof of publication on notice of public hearing
to approve a Purchase Agreement and Special Warranty Deed for the sale of City Owned re-
al estate at 2521 Stafford Street to Sheonna D. Bond and City Manager recommending ap-
proval. Motion by Braig to receive and file the documents and adopt Resolution No. 173-15
Disposing of City Interest in Real Property Located at 2521 Stafford Street, in the City of
Dubuque, Iowa. Seconded by Lynch. Motion carried 7-0.
RESOLUTION NO. 173-15
DISPOSING OF CITY INTEREST IN REAL PROPERTY LOCATED AT 2521 STAFFORD
STREET, IN THE CITY OF DUBUQUE, IOWA
Whereas, the City Council, by Resolution No. 151-15, dated May 4, 2015, declared its in-
tent to dispose of City interest in real property located at 2521 Stafford Street, legally de-
scribed as:
Lot Two (2) of Lot One (1) and the East One -Half (E '/2) of Lot Four (4) of Lot Two (2)
both in Geiger's Subdivision, in the City of Dubuque, County, Dubuque, Iowa, accord-
ing to the recorded plat thereof (the Property); and
Whereas, pursuant to published notice, a public hearing was held on the proposed disposi-
tion on May 18, 2015 at 6:30 p.m. in the Historic Federal Building, 350 W. 6th Street, Dubu-
que, Iowa; and
Whereas, it is the determination of the City Council that approval of the purchase agree-
ment for the sale to Sheonna D. Bond according to the terms and conditions set out in the
purchase 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. The purchase agreement by and between the City of Dubuque and Sheonna D.
Bond for the sale of the Property, a copy attached hereto, is hereby approved.
Section 2. The Mayor and City Clerk are hereby authorized and directed to execute and
deliver a Special Warranty Deed, conveying the City's interest in the Property to Sheonna D.
Bond.
Section 3. That the City Clerk is hereby authorized and directed to cause said Special
Warranty Deed to be recorded in the Office of the Dubuque County Recorder, together with a
certified copy of the Resolution.
Passed, approved, and adopted this 18th day of May, 2015.
Lynn V. Sutton, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
5. Stormwater Utility Revenue Capital Loan Notes (Iowa Water Pollution Control Works Fi-
nancing Program): Proof of publication on notice of public hearing to consider the issuance of
not to exceed $34,000,000 Stormwater Utility Revenue Capital Loan Notes, however, the City
intends to issue not over $29,600,000 and the City Manager recommending approval. Motion
by Connors to receive and file the documents and adopt Resolution No. 174-15 Instituting
Proceedings to Take Additional Action for the Authorization of one or more Loan and Dis-
bursement Agreements and the Issuance of not to Exceed $34,000,000 Stormwater Utility
Revenue Capital Loan Notes. Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 174-15
INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZA-
TION OF ONE OR MORE LOAN AND DISBURSEMENT AGREEMENTS AND THE ISSU-
ANCE OF NOT TO EXCEED $34,000,000 STORMWATER UTILITY REVENUE CAPITAL
LOAN NOTES
Whereas, on June 17, 2013, the City Council held a public hearing and took additional ac-
tion for the issuance of not to exceed $14,767,000 Stormwater Utility Revenue Capital Loan
Notes (State Revolving Loan Fund Program), the proceeds of which were to be used to pay
costs of acquisition, construction, reconstruction, extending, remodeling, improving, repairing
and equipping all or part of the Stormwater Management Utility, including those costs associ-
ated with the construction of the Bee Branch Disaster Resiliency Project; and
Whereas, the foregoing action was taken to satisfy the Economic Development Administra-
tion grant ("EDA Grant") requirement that the local match for the EDA Grant be fully commit-
ted and readily available; and
Whereas, it was subsequently deemed necessary and advisable that, in lieu of the above-
described Stormwater Utility Revenue Capital Loan Notes, the City of Dubuque, Iowa should
issue Sales Tax Increment Revenue Bonds to the Iowa Finance Authority under the State
Revolving Fund Loan Program, to the amount of not to exceed $30,000,000, as authorized by
Section 418.14 of the Code of Iowa, for the purpose of providing funds to pay costs of carry-
ing out certain flood mitigation projects and to provide the local match for the EDA Grant; and
Whereas, on June 16, 2014, this Council held a public hearing and took additional action
for the issuance of not to exceed $30,000,000 Sales Tax Increment Revenue Bonds for the
foregoing purposes; and
Whereas, such Bonds have not been issued and it is now deemed necessary and advisa-
ble that the City of Dubuque, Iowa should provide for the authorization of one or more Loan
and Disbursement Agreements and the issuance of Stormwater Utility Revenue Capital Loan
Notes, in the amount of not to exceed $34,000,000, as authorized by Sections 384.24A and
384.83, Code of Iowa, as amended, for the purpose of providing funds to pay costs as here-
inafter 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 purchase the
City's Notes and has requested that such Notes be issued as single Notes 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 Agreements and Notes shall be payable out of the
net earnings of the Stormwater Management Utility and shall be a first lien on the future net
earnings of the Utility and, in the discretion of the City Council, from amounts on deposit in
the Additional Projects Account of the Flood Project Fund; 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 lia-
ble by reason of the failure of the net revenues to be sufficient for the payment of the Loan
and Disbursement Agreements and Notes; and
Whereas, before a Loan and Disbursement Agreement may be authorized and Stormwater
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 amended, 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; and
Whereas, pursuant to notice published as required by law, this Council has held a public
meeting and hearing upon the proposal to institute proceedings for the authorization of one or
more Loan and Disbursement Agreements by and between the City and the Iowa Finance
Authority, and the issuance to the Iowa Finance Authority of not to exceed $34,000,000
Stormwater Utility Revenue Capital Loan Notes to evidence the obligations of the City under
said Loan and Disbursement Agreements, for the purpose of paying costs of land acquisition,
engineering and construction of Phase 7 of the Bee Branch Watershed Flood Mitigation Pro-
ject, also known as the Upper Bee Branch Creek Restoration, the refunding and refinancing
of the outstanding General Obligation Capital Loan Notes Anticipation Project Note, Series
2006, dated December 28, 2006, issued in respect of such costs, and the Catfish Creek Wa-
tershed Improvements, and has considered the extent of objections received from residents
or property owners as to said proposal and, accordingly 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:
Section 1. That this Council does hereby institute proceedings and takes additional action
for the authorization of one or more Loan and Disbursement Agreements 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 $34,000,000 Stormwater Utility Revenue Capital
Loan Notes for the foregoing purposes.
Section 2. That the Finance Director, with the assistance of the City Attorney and bond
counsel, is hereby authorized and directed to proceed with the preparation of such docu-
ments and proceedings as shall be necessary to authorize the City's participation in the SRF
Loan Program, to select a suitable date for final Council authorization of one or more Loan
and Disbursement Agreements and issuance of the Notes to evidence the City's obligations
thereunder, and to take such other actions as the Finance Director shall deem necessary to
permit the completion of the loans on a basis favorable to the City and acceptable to this
Council.
Section 3. 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 the stormwater 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 agree-
ments. The amounts so advanced shall be reimbursed from the proceeds of the Loan
Agreements not later than eighteen months after the initial payment of the capital expendi-
tures or eighteen months after the property is placed in service. Such advancements shall not
exceed the loan amount authorized in this Resolution unless the same are for preliminary ex-
penditures or unless another declaration of intention is adopted.
Passed and approved this 18th day of May, 2015.
Lynn V. Sutton, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
6. Trinity Affordable Housing Corporation's Purchase of Sheridan Village Apartments:
Proof of publication on notice of public hearing to approve the issuance of tax-exempt bonds
on behalf of Trinity Affordable Housing Corporation, an Illinois Nonprofit Corporation for the
proposed project. This approval is required for compliance with the federal tax laws under the
Tax and Equity Fiscal Responsibility Act of 1982 and approval does not commit any financial
obligations on behalf of the City of Dubuque related to the project and the City Manager rec-
ommending approval. Motion by Connors to receive and file the documents and adopt Reso-
lution No. 175-15 Approving The issuance by the Public Finance Authority of Bonds on behalf
of Trinity Affordable Housing Corporation, an Illinois Nonprofit Corporation. Seconded by
Braig. Philip Guistolise, Vice President and General Counsel for Trinity Partners, spoke in fa-
vor of the project. Housing and Community Development Director Alvin Nash provided infor-
mation on how Trinity Affordable Housing Corporation was selected. Motion carried 7-0.
RESOLUTION 175-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA APPROV-
ING THE ISSUANCE BY THE PUBLIC FINANCE AUTHORITY OF BONDS ON BEHALF
OF TRINITY AFFORDABLE HOUSING CORPORATION, AN ILLINOIS NONPROFIT COR-
PORATION
Whereas, the City of Dubuque, Iowa (the "City") is a political subdivision of the State of Io-
wa and the City Council (the "Governing Body") is the elected governing body of the City; and
Whereas, the Public Finance Authority (the "Authority") is a commission organized under
and pursuant to the provisions of Sections 66.0301, 66.0303 and 66.0304 of the Wisconsin
Statutes, is authorized to issue tax-exempt, taxable, and tax credit conduit bonds for public
and private entities throughout all 50 states and is jointly sponsored by the National Associa-
tion of Counties, National League of Cities, Wisconsin Counties Association and League of
Wisconsin Municipalities (the "Sponsors"); and
Whereas, Trinity -Sheridan Village, LLC, an Iowa limited liability company of which Trinity
Affordable Housing Corporation, an Illinois nonprofit corporation ("Trinity"), is the sole mem-
ber (collectively, the "Borrower"), has requested that the Authority adopt a plan of financing
providing for the issuance of its Public Finance Authority Multifamily Housing Revenue
Bonds, Series 2015 (Trinity Affordable Section 8 Assisted Apartments Project) (the "Bonds"),
in one or more series from time to time, in an aggregate amount not to exceed $25,015,000.
A portion of the proceeds from the sale of such Bonds, not expected to exceed $4,675,000,
will be used to finance and/or refinance the acquisition, rehabilitation, equipping and/or im-
provement of Sheridan Village, a 60 -unit multifamily rental housing facility located at 3260
Getty Terrace, Dubuque, Iowa, to pay interest on the Bonds, to pay costs of issuance of the
Bonds, and/or to fund a debt service reserve fund for the Bonds (the "Project"); and
Whereas, the Bonds or a portion thereof will be "private activity bonds" for purposes of the
Internal Revenue Code of 1986 (the "Code"), and pursuant to Section 147(0 of the Code, pri-
or to their issuance, the Bonds are required to be approved by the "applicable elected repre-
sentative" of a governmental unit having jurisdiction over the entire area in which the Project
is located, after a public hearing held following reasonable public notice; and
Whereas, pursuant to Section 147(0 of the Code, the Governing Body, following notice du-
ly given in the form attached hereto as Exhibit A (the "TEFRA Notice"), held a public hearing
regarding the financing of the Project and the issuance of the Bonds, and now desires to ap-
prove the financing and the issuance of the Bonds; and
Whereas, pursuant to Section 66.0304(11)(a) of the Wisconsin Statutes, prior to their issu-
ance, bonds issued by the Public Finance Authority must be approved by the governing body
or highest ranking executive or administrator of the political jurisdiction within whose bounda-
ries the project is to be located; and
Whereas, the Borrower(s) has/have requested that the City approve the financing of the
Project and the issuance of the Bonds in order to satisfy the public approval requirement of
Section 147(0 of the Code and the requirements of Section 4 of the Amended and Restated
Joint Exercise of Powers Agreement Relating to the Public Finance Authority, dated as of
September 28, 2010 (the "Joint Exercise Agreement") and Section 66.0304(11)(a) of the
Wisconsin Statutes.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
1. The foregoing recitals are true and correct.
2. For purposes of the requirements of Section 147(0 of the Internal Revenue Code of
1986, the Governing Body hereby approves the issuance of the Bonds by the Authority for
financing the Project in an aggregate principal amount not to exceed the amount set forth in
the TEFRA Notice attached hereto as EXHIBIT A.
3. It is the purpose and intent of the Governing Body that this Resolution constitute ap-
proval of the issuance of the Bonds by the Project Jurisdiction, which is the (or one of the)
governmental unit(s) having jurisdiction over the area in which the Project is located, in ac-
cordance with Section 66.0304(11)(a) of the Wisconsin Statutes and Section 4 of the Joint
Exercise Agreement.
4. The officers of the Governing Body are hereby authorized and directed, jointly and sev-
erally, to do any and all things and to execute and deliver any and all documents that they
deem necessary or advisable in order to carry out, give effect to and comply with the terms
and intent of this resolution and the financing approved hereby.
Adopted by the City Council of the City at a regular meeting of said body held on the 18th
day of May 2015, by a majority vote.
Lynn V. Sutton, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
1. Award Upper Bee Branch Creek - Channel, Streets and Utilities: City Manager recom-
mending City Council award the construction contract for the Upper Bee Branch Creek —
Channel, Streets, & Utilities Project to the low bidder, Portzen Construction. Motion by Jones
to receive and file the documents and adopt Resolution No. 176-15 Awarding Public Im-
provement Contract for the Upper Bee Branch Creek — Channel, Streets, & Utilities Project.
Seconded by Connors. Motion carried 6-1 with Resnick voting nay. City Engineer Gus Psi-
hoyos, Civil Engineer Deron Muerhing and representatives from Strand Associates and IIW
Engineers responded to questions from the City Council regarding the calculation of the bid
estimate and the City Manager addressed the effect of costs and designs on the project.
RESOLUTION NO. 176-15
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE UPPER BEE BRANCH
CREEK — CHANNEL, STREETS & UTILITIES PROJECT
Whereas, sealed proposals have been submitted by contractors for the Upper Bee Branch
Creek — Channel, Streets, & Utilities Project (the Project) pursuant to Resolution No. 108-15
and Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa on
the 10th day of April, 2015; and
Whereas, said sealed proposals were opened and read on the 7th day of May, 2015 and it
has been determined that Portzen Construction, Inc. of Dubuque, Iowa, with a bid in the
amount of $27,819,266.00, is the lowest responsive, responsible bidder for the Project.
Whereas, awarding of the contract will be contingent upon Economic Development Admin-
istration bid award concurrence and Iowa Department of Natural Resources State Revolving
Fund bid award approval for the Upper Bee Branch Creek — Channel, Streets & Utilities Pro-
ject.
Whereas, the Bee Branch Watershed Flood Mitigation Project Plan schedule milestones
shall be amended to reflect the dates below.
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, Inc. and the City Manager is hereby directed to execute a Public Improvement Con-
tract on behalf of the City of Dubuque for the Project.
That the Bee Branch Watershed Flood Mitigation Project Plan schedule milestones are
hereby amended as follows:
Project Plan
Construction
Improvements Schedule
Flood Mitigation Gate Replacement 2015
Bee Branch Creek Railroad Sanitary Sewer Crossing 2015
Lower Bee Branch Basin Overlook 2015
Lower Bee Branch 15th Street Overlook
Upper Bee Branch - Channel, Streets, Utilities
Upper Bee Branch - Structures
Bee Branch Creek Railroad Culverts
Upper Bee Branch Site Improvements (Heritage Trail, Amphitheater, Em-
bankment Slides)
Upper Bee Branch Improvements north of 24th Street at Comiskey Park
Bee Branch Trail Connect between 16th and Garfield
22nd St Parking Lot
North End Storm Sewer
22"d Street Storm Sewer
Flood Mitigation Maintenance Facility
17th Street Storm Sewer
Water Plant Flood Protection
Pervious Pavement Systems (Green Alleys)
Passed, approved and adopted this 18th day of May, 2015.
Attest: Kevin S. Firnstahl, City Clerk
2015
2015-2016
2015-2016
2019
2016
2016
2016
2016
2017
2017
2015-2017
2019-2021
2022-2023
2023-2040*
Lynn V. Sutton, Mayor Pro Tem
2. Award Upper Bee Branch Creek — Structures: City Manager recommending award of
the construction contract for the Upper Bee Branch Creek — Structures Project as submitted
by the low bidder Tricon General Construction, Inc. Motion by Jones to receive and file the
documents and adopt Resolution No. 177-15 Awarding Public Improvement Contract for the
Upper Bee Branch Creek — Structures Project. Seconded by Lynch. Motion carried 7-0.
RESOLUTION NO. 177-15
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE UPPER BEE BRANCH
CREEK — STRUCTURES PROJECT
Whereas, sealed proposals have been submitted by contractors for the Upper Bee Branch
Creek — Structures Project (the Project) pursuant to Resolution No. 109-15 and Notice to
Bidders published in a newspaper published in the City of Dubuque, Iowa on the 10th day of
April, 2015; and
Whereas, said sealed proposals were opened and read on the 30th day of April, 2015, and
it has been determined that Tricon General Construction, Inc. of Dubuque, Iowa, with a bid in
the amount of $5,714,880.00, is the lowest responsive, responsible bidder for the Project;
and
Whereas, awarding of this contract will be contingent upon awarding of the Upper Bee
Branch Creek — Channel, Streets & Utilities Project by the Dubuque City Council; upon the
Economic Development Administration bid award concurrence and Iowa Department of Natu-
ral Resources State Revolving Fund bid award approval for the Upper Bee Branch Creek —
Channel, Streets & Utilities 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 Tricon General
Construction, 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 18th day of May, 2015.
Lynn V. Sutton, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
3. Award Utility Extension to the Dubuque Regional Airport: City Manager recommending
awarding the construction contract for the Utility Extension to the Dubuque Regional Airport
to Miller Trucking & Excavating. Motion by Lynch to receive and file the documents and adopt
Resolution No. 178-15 Awarding Public Improvement Contract for the Utility Extension to the
Dubuque Regional Airport Project. Seconded by Connors. Responding to questions from the
City Council, City Engineer Gus Psihoyos stated that WHKS & Company prepared the esti-
mate for the City per the project contract. Motion carried 7-0.
RESOLUTION NO. 178-15
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE UTILITY EXTENSION TO
THE DUBUQUE REGIONAL AIRPORT PROJECT
Whereas, sealed proposals have been submitted by contractors for the the Utility Exten-
sion to the Dubuque Regional Airport project (the Project) pursuant to Resolution No. 132-15
and Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa on
the 24th day of April, 2015; and
Whereas, said sealed proposals were opened and read on the 11th day of May, 2015, and
it has been determined that Miller Trucking and Excavating of Silvis, Illinois, with a bid in the
amount of $9,401,738.50, is the lowest responsive, responsible bidder for the Project; and
Whereas, the City has elected to eliminate three highway utility crossings to reduce a por-
tion of the deficit. The reduction for eliminating these crossings is $385,672.00; and
Whereas, said bid in the amount of $9,401,738.50, is being reduced to $9,016,066.50.
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 Miller Trucking
and Excavating 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 18th day of May, 2015.
Lynn V. Sutton, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
4. Rental License and Inspection Fees Amendment: City Manager recommending
amendment to the approved rental property inspection fees that are to be effective retroac-
tively to April 6, 2015, including doubling the License Fees for units previously operating
without a license. Motion by Jones to receive and file the documents and adopt Resolution
No. 179-15 Approving the Increase in the Structure Fee for the Rental Licensing and Rental
Inspection Program. Seconded by Connors. Dubuque Landlord Association President Jerry
Maro addressed the City Council regarding his displeasure with the increase, but stated that
the Association will continue to have discussions with the City. Responding to questions from
the City Council, Housing and Community Development Director Alvin Nash stated that the
department works with landlords or tenants transitioning from a building that is no longer li-
censed. Motion carried 7-0.
RESOLUTION NO. 179-15
APPROVING THE INCREASE IN THE STRUCTURE FEE FOR THE RENTAL LICENSING
AND RENTAL INSPECTION PROGRAM
Whereas, the Housing and Community Development Department is requesting an in-
crease in the structure licensing and rental fees in order to self -sustain the General Housing
Code Enforcement Department; and
Whereas, the effective date of licensing fees is Januaryl , 2016 and the effective date of
rental inspection fees is April 6, 2015; and
Whereas, the following increase in the licensing 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 license fee for structure be increased from $12 to $25; Dwelling unit be
increased from $12 to $20; Rooming unit be increased from $3 to $10;
Section 2. That the penalty fees be as follows: late payment penalty fee be increased from
10% to $25;
a. The No show fee (CGI) would remain the same;
b. The Re -inspection fee for 3rd and subsequent re -inspections be decrease from $25 to
$40;
c. The Re -inspections fee for 2nd and subsequent re -inspections be increased from zero
to $70;
d. Addition room re -inspection fee for 3rd and subsequent re -inspections be decreased
from $5 to zero;
e. Confirmed complaint inspection with penalty to $85
Section 3. That the Inspection fees be reduced as follows:
Dwelling Unit Inspection - $50.00
Rooming Unit Inspection - $30.00
CSC Dwelling Inspection - $90.00
a. Reduced inspections for pre -approved rental units subject to independent 3rd party in-
spections performed by another government agency including units participating in one of
the following:
1. HOME program — Iowa Finance Authority (IFA)
2. Low Income Housing Tax Credit (LIHTC) — Iowa Finance Authority (IFA)
3. Project Based Section 8 — HUD/IFA
4. CBDG — Property rehabilitation
5. OTHER — Subject to City Manager Approval
The 2nd and 3rd Party Fees shall be as follows:
Inspected Dwelling Units (Inspected) $50.00
Inspected Dwelling Units (Self -Certified) $20.00
Inspected Rooming Units (SRO's) (Inspected) $30.00
Inspected Rooming Units (SRO's) (Self -Certified) $15.00
Fire Department Inspection Eligible Dorm Room $15.00
Section 4. Adoption of this Certificate of Structural Compliance, (CSC) inspection for new
rental property inspection during which additional documentation and inspection work is com-
pleted including sketch of basic floor plans to be maintained the property record establish
record of all habitable space establish maximum occupancy at the successes successfully
passing CSE inspection a certificate of structural component to be issued. CSCs are trans-
ferable to new owners
Section 5. Adoption of the Dwelling Unit Inspection Fee. This fee is waived if the unit has
been inspected by the City of Dubuque's Housing Inspectors in the past two years for Hous-
ing Choice Voucher Section 8 participation.
Section 6. Adoption of the rooming unit inspection fee which is charged similar to the
dwelling inspection fee.
Section 7. Adoption of the Confirmed Complaint Inspection Fee. This fee is charged once
the tenant has provided written proof of maintenance request to property owner and/or regis-
tered agent. In addition, the tenant has allowed acceptable time for the property owner/agent
to make necessary repairs and the City Inspector has verified to the complaint has not been
repaired and is a housing code violations.
Section 8. Adoption of a Period of Amnesty for Non -Licensed Landlords
a. Create amnesty period ending August 1, 2015, during which the City will coordinate
a multi -faceted press release that will clearly state the licensing requirement and warn
of the impending penalty that will begin on August 1, 2015. Any rental property operat-
ed without the required license will be subject to double license fees for that initial li-
censing.
b. Beginning August 1, 2015 any rental property operated without the required license
will be subject to doubling licensing fees for the initial licensing and a Municipal Infrac-
tion for $750 + court costs if verified non- compliant by Housing Inspection staff.
c. If property owner continues to operate a rental property without the required license
or inspections a Municipal Infraction will be issued for each month of non-compliance
following the initial notification of violation.
Section 9. This resolution requires that all penalty fees charged are subject to appeal
through the Housing Code Board of Appeals.
Passed, approved and adopted this 18th day of May, 2015.
Lynn Sutton, Mayor -Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
5. Multicultural Family Center Annual Report: Acting Director of the MFC Sara Peterson
and MFC Board Chairperson John Stewart provided a verbal report on the goals, events and
budget for the MFC. Motion by Connors to receive and file the documents and listen to the
presentation. Seconded by Resnick. Motion carried 7-0.
6. Bond Purchase Agreement - Sales Tax Increment Revenue Bonds: City Manager rec-
ommending approval of the Bond Purchase Agreement and the approval of issuance of Sales
Tax Increment Revenue Bonds (Annual Appropriation Property Tax Supported), Senior Bond
Series 2015A. Motion by Connors to receive and file the documents and adopt Resolution
No. 180-15 Approving the Form and Authorizing Execution of a Bond Purchase Agreement in
Connection With the Issuance of Sales Tax Increment Revenue Bonds (Annual Appropriation
Property Tax Supported), Senior Bond Series 2015A; and Resolution No. 181-15 Series
2015A Resolution Authorizing and Providing for the Issuance and Securing the Payment of
Sales Tax Increment Revenue Bonds (Annual Appropriation Property Tax Supported), Senior
Bond Series 2015A, by the City of Dubuque Under the Provisions of Chapter 418 of the Code
of Iowa, Providing for a Method of Payment Thereof, and Other Related Matters. Seconded
by Jones. Tionna Pooler of Independent Public Advisors, LLC provided information on the
bond sale. Motion carried 7-0.
RESOLUTION NO. 180-15
APPROVING THE FORM AND AUTHORIZING EXECUTION OF A BOND PURCHASE
AGREEMENT IN CONNECTION WITH THE ISSUANCE OF SALES TAX INCREMENT
REVENUE BONDS (ANNUAL APPROPRIATION PROPERTY TAX SUPPORTED), SEN-
IOR BOND SERIES 2015A
Whereas, the City of Dubuque, Iowa (the "Issuer") is a municipal corporation organizing
and existing under the laws of the State of Iowa; and
Whereas, the Bee Branch Watershed, which includes the Issuer's most developed areas
where over 50% of City residents either live or work, has experienced flooding impacting
thousands of properties and over seventy businesses; and
Whereas, the City Council has adopted a drainage basin master plan authored by HDR
Engineering that outlines improvements to mitigate flooding, collectively referred to as the
Bee Branch Watershed Flood Mitigation Project (defined herein as the "Bee Branch Project");
and
Whereas, the Flood Mitigation Program (Iowa Code Chapter 418) was established by the
State of Iowa ("State") to support community projects for the construction and reconstruction
of levees, embankments, impounding reservoirs, or conduits that are necessary for the pro-
tection of property from the effects of floodwaters and may include the deepening, widening,
alteration, change, diversion, or other improvement of watercourses if necessary for the pro-
tection of such property from the effects of floodwaters; and
Whereas, the Issuer submitted an application to the Iowa Flood Mitigation Board request-
ing the use of $98,494,178 in sales tax increment funds for the Bee Branch Watershed Flood
Mitigation Project; and
Whereas, the Iowa Flood Mitigation Board, acting on December 4, 2013, voted to approve
the Issuer's application for construction of the Bee Branch Project, subject to the require-
ments set forth in Iowa Code Chapter 418 and the administrative rules promulgated under it;
and
Whereas, the Iowa Flood Mitigation Board and the Issuer have entered into an Award
Agreement relating to the approved Bee Branch Project activities; and
Whereas, as contemplated under the Award Agreement, a Flood Project Fund has been
created for the Bee Branch Project consisting of state sales tax revenue and any other mon-
eys lawfully received by the Issuer to be used to fund the Bee Branch Project and to pay
principal and interest on bonds issued for the Bee Branch Project; and
Whereas, by Resolution No. 159-14 passed and approved on May 19, 2014 (the "Master
Resolution"), the Issuer has heretofore authorized the issuance of $7,190,000 Sales Tax In-
crement Revenue Bonds (Unlimited Property Tax Supported), Second Lien Series 2014, in
order to provide funds to pay costs of the acquisition, construction and installation and equip-
ping of the Bee Branch Watershed Flood Mitigation Project, including those costs associated
with the Lower Bee Branch Creek Restoration Project (Phases 4 and 7) and the Bee Branch
Flood Control Pumping Station Gates and Replacement Project; and
Whereas, Section 8.3 of the Master Resolution authorizes the issuance of additional Sen-
ior Bonds by the Issuer from time to time, if all of the conditions set forth therein are satisfied;
and
Whereas, the notice of intention of the Issuer to take action for the issuance of not to ex-
ceed $24,500,000 Sales Tax Increment Revenue Bonds has heretofore been duly published
and no objections to such proposed action have been filed, such Bonds to be issued to pay
costs of the acquisition, construction, installation and equipping of the Bee Branch Watershed
Flood Mitigation Project, including those costs associated with the Lower Bee Branch Creek
Restoration (Phase 4), the Upper Bee Branch Creek Restoration (Phase 7), the Flood Mitiga-
tion Gate Replacement (Phase 5), the Flood Control Maintenance Facility (Phase 9), and the
North End Storm Sewers (Phase 10), the funding of a debt service reserve for the Bonds,
and the related costs for property acquisition, engineering and design and other professional
services; and
Whereas, pursuant to the provisions of Section 418.14 of the Code of Iowa, a proposal to
purchase the above mentioned Bonds has been made by Robert W. Baird & Co., pursuant to
the terms and conditions of a Bond Purchase Agreement with such firm, dated as of the date
hereof, which is now before this Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, AS FOLLOWS:
Section 1. That the form and content of the Bond Purchase Agreement, the provisions of
which are incorporated herein by reference, be and the same hereby are in all respects au-
thorized, approved and confirmed, and the Mayor and the City Clerk be and they hereby are
authorized, empowered and directed to execute, attest, seal and deliver the Bond Purchase
Agreement for and on behalf of the City in substantially the form and content now before this
meeting, but with such changes, modifications, additions or deletions therein as shall be ap-
proved by such officers, upon the advice of the City Attorney, and that from and after the ex-
ecution and delivery of the Bond Purchase Agreement, the Mayor and the City Clerk are
hereby authorized, empowered and directed to do all such acts and things and to execute all
such documents as may be necessary to carry out and comply with the provisions of the
Bond Purchase Agreement as executed.
Passed, approved and adopted this 18th day of May, 2015.
Lynn Sutton, Mayor -Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 181-15
SERIES 2015A RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE
AND SECURING THE PAYMENT OF SALES TAX INCREMENT REVENUE BONDS (AN-
NUAL APPROPRIATION PROPERTY TAX SUPPORTED), SENIOR BOND SERIES 2015A,
BY THE CITY OF DUBUQUE UNDER THE PROVISIONS OF CHAPTER 418 OF THE
CODE OF IOWA, PROVIDING FOR A METHOD OF PAYMENT THEREOF, AND OTHER
RELATED MATTERS
Whereas, the City of Dubuque, Iowa (the "Issuer") is a municipal corporation organizing
and existing under the laws of the State of Iowa; and
Whereas, the Bee Branch Watershed, which includes the Issuer's most developed areas
where over 50% of city residents either live or work, has experienced flooding impacting
thousands of properties and over seventy businesses; and
Whereas, the City Council has adopted a drainage basin master plan authored by HDR
Engineering that outlines improvements to mitigate flooding, collectively referred to as the
Bee Branch Watershed Flood Mitigation Project (defined herein as the "Bee Branch Project");
and
Whereas, the Flood Mitigation Program (Iowa Code Chapter 418) was established by the
State of Iowa ("State") to support community projects for the construction and reconstruction
of levees, embankments, impounding reservoirs, or conduits that are necessary for the pro-
tection of property from the effects of floodwaters and may include the deepening, widening,
alteration, change, diversion, or other improvement of watercourses if necessary for the pro-
tection of such property from the effects of floodwaters; and
Whereas, the Issuer submitted an application to the Iowa Flood Mitigation Board request-
ing the use of $98,494,178 in sales tax increment funds for the Bee Branch Watershed Flood
Mitigation Project; and
Whereas, the Iowa Flood Mitigation Board, acting on December 4, 2013, voted to approve
the Issuer's application for construction of the Bee Branch Project, subject to the require-
ments set forth in Iowa Code Chapter 418 and the administrative rules promulgated under it;
and
Whereas, the Iowa Flood Mitigation Board and the Issuer have entered into an Award
Agreement relating to the approved Bee Branch Project activities; and
Whereas, as contemplated under the Award Agreement, a Flood Project Fund has been
created for the Bee Branch Project consisting of state sales tax revenue and any other mon-
eys lawfully received by the Issuer to be used to fund the Bee Branch Project and to pay
principal and interest on bonds issued for the Bee Branch Project; and
Whereas, by Resolution No. 159-14 passed and approved on May 19, 2014 (the "Master
Resolution"), the Issuer has heretofore authorized the issuance of $7,190,000 Sales Tax In-
crement Revenue Bonds (Unlimited Property Tax Supported), Second Lien Series 2014, in
order to provide funds to pay costs of the acquisition, construction and installation and equip-
ping of the Bee Branch Watershed Flood Mitigation Project, including those costs associated
with the Lower Bee Branch Creek Restoration Project (Phases 4 and 7) and the Bee Branch
Flood Control Pumping Station Gates and Replacement Project; and
Whereas, Section 8.3 of the Master Resolution authorizes the issuance of additional Sen-
ior Bonds by the Issuer from time to time, if all of the conditions set forth therein are satisfied;
and
Whereas, the notice of intention of the Issuer to take action for the issuance of not to ex-
ceed $24,500,000 Sales Tax Increment Revenue Bonds has heretofore been duly published
and no objections to such proposed action have been filed, such Bonds to be issued to pay
costs of the acquisition, construction, installation and equipping of the Bee Branch Watershed
Flood Mitigation Project, including those costs associated with the Lower Bee Branch Creek
Restoration (Phase 4), the Upper Bee Branch Creek Restoration (Phase 7), the Flood Mitiga-
tion Gate Replacement (Phase 5), the Flood Control Maintenance Facility (Phase 9), and the
North End Storm Sewers (Phase 10), the funding of a debt service reserve for the Bonds,
and the related costs for property acquisition, engineering and design and other professional
services; and
Whereas, the Issuer has determined to issue such Bonds as additional Senior Bonds un-
der the Master Resolution, and expects to receive the certifications of a Financial Advisor and
report of an Independent Auditor required under said Section 8.3, and has determined that,
upon passage of this Series 2015A Resolution and the receipt of the foregoing items, all of
the requirements of Article VIII of the Master Resolution with respect to the issuance of addi-
tional Senior Bonds will have been satisfied.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, AS FOLLOWS:
ARTICLE I - DEFINITIONS
Section 1.1. Definitions. Except as otherwise provided below in this Article I, all words and
terms defined in Article I of the Master Resolution shall have the same meanings in this Se-
ries 2015A 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 Series
2015A Resolution unless the text expressly or by necessary implication requires otherwise:
"Bond Purchase Agreement" means the Bond Purchase Agreement dated May 18, 2015
between the Issuer and the Original Purchaser, relating to the purchase and delivery of the
Series 2015A Bonds.
"Master Resolution" means Resolution No. 159-14, passed and approved on May 19,
2014, entitled "Master Resolution relating to the issuance of Sales Tax Increment Revenue
Bonds by the City of Dubuque under the provisions of Chapter 418 of the Code of Iowa, au-
thorizing and providing for the issuance and securing the payment of Sales Tax Increment
Revenue Bonds (Unlimited Property Tax Supported), Second Lien Series 2014, and provid-
ing for a method of payment thereof, and related matters," as the same may be amended
from time to time.
"Original Purchaser" means Robert W. Baird & Co., as the purchaser of the Series 2015A
Bonds from the Issuer at the time of their original issuance.
"Series 2015A Bonds" means the $20,800,000 Sales Tax Increment Revenue Bonds (An-
nual Appropriation Property Tax Supported), Senior Bond Series 2015A, dated the date of
delivery, authorized to be issued pursuant to this Series 2015A Resolution.
"Series 2015A Costs of Issuance Account" means the account by that name within the
Project Fund established in Section 5.1 of the Master Resolution.
"Series 2015A Projects" shall mean the Projects being financed with the proceeds of the
Series 2015A Bonds, consisting of the acquisition, construction, installation and equipping of
the Bee Branch Watershed Flood Mitigation Project, including those costs associated with the
Lower Bee Branch Creek Restoration (Phase 4), the Upper Bee Branch Creek Restoration
(Phase 7), the Flood Mitigation Gate Replacement (Phase 5), the Flood Control Maintenance
Facility (Phase 9), and the North End Storm Sewers (Phase 10), the funding of a debt service
reserve for the Series 2015A Bonds, and the related costs for property acquisition, engineer-
ing and design and other professional services, as described generally in the plans and spec-
ifications on file from time to time with the Issuer.
"Series 2015A Projects Account" means the account by that name within the Project Fund
established in Section 5.1 of the Master Resolution.
"Series 2015A Rebate Account" means the account by that name within the Rebate Fund
established in Section 6.10 of the Master Resolution.
"Series 2015A Resolution" means this Series Resolution of the City Council of the Issuer.
"Shortfall" shall have the meaning described in Section 2.1 of this Series 2015A Resolu-
tion.
"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 2015A Bonds.
ARTICLE II- THE SERIES 2015A BONDS
Section 2.1. Details of Series 2015A Bonds.
(a) Authorization, Purpose and Maturities. Pursuant to the provisions of the Master Resolu-
tion and in particular Section 8.3 thereof, there are hereby authorized to be issued, negotia-
ble, serial, fully registered Sales Tax Increment Revenue Bonds (Annual Appropriation Prop-
erty Tax Supported), Senior Bond Series 2015A, in the aggregate principal amount of
$20,800,000, dated the date of delivery, for the purpose of constructing the Series 2015A
Projects and paying Project Costs relating thereto, and to pay related Costs of Issuance. The
Series 2015A Bonds shall be designated "CITY OF DUBUQUE, IOWA, SALES TAX INCRE-
MENT REVENUE BONDS (ANNUAL APPROPRIATION PROPERTY TAX SUPPORTED),
SENIOR BOND SERIES 2015A", and bear interest from the date thereof, until payment
thereof, at the office of the Paying Agent, said interest payable on December 1, 2015 and
semiannually thereafter on the 1st day of June and December in each year until maturity at
the rates hereinafter provided.
The Series 2015A Bonds shall be issued as Senior Bonds under the Master Resolution,
and all of the applicable terms, conditions and provisions of the Master Resolution relating to
Senior Bonds shall be deemed and construed to apply to the Series 2015A Bonds to the
same extent as if fully set forth herein.
The Series 2015A Bonds and the Registrar's Certificate of Authentication shall be in sub-
stantially the form set forth in Exhibit A attached hereto, with such variations, omissions, sub-
stitutions and insertions as are required or permitted by this Series 2015A Resolution.
The Series 2015A Bonds 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 Issuer, and
shall be fully registered as to both principal and interest as provided in this Series 2015A
Resolution; principal, interest and premium, if any shall be payable at the office of the Paying
Agent by mailing of a check, wire transfer or automated clearing house system transfer to the
registered owner of the Bond. The Series 2015A Bonds shall be issued as Depository Bonds
and shall mature and bear interest as follows:
SERIAL BONDS
Interest Principal Maturity
Rate Amount (June 1st)
3.00% $1,930,000 2023
5.00% $75,000 2023
3.13% $1,145,000 2024
5.00% $925,000 2024
3.25% $1,975,000 2025
5.00% $175,000 2025
3.25% $2,225,000 2026
3.50% $2,295,000 2027
3.63% $2,375,000 2028
3.75% $1,960,000 2029
5.00% $500,000 2029
4.00% $2,560,000 2030
4.00% $2,660,000 2031
(b) Stand-by Levy of Debt Service Taxes. The Series 2015A Bonds shall be payable from
the Pledged Revenues, as described in Article VI of the Master Resolution. For the purpose
of providing funds to pay the Principal of and interest on the Series 2015A Bonds (but not
other Bonds) in the event that the Sales Tax Increment Revenues and amounts on deposit in
the Flood Project Fund are otherwise insufficient to do so, there is hereby appropriated to the
Sinking Fund, subject to non -appropriation as described in subsections (c) and (d) hereof,
and levied for each future year the following direct annual tax on all of the taxable property in
Dubuque, Iowa, to -wit:
AMOUNT FISCAL YEAR
(JULY 1 TO JUNE 30)
YEAR OF COLLECTION
$732,991 2015/2016
$762,650 2016/2017
$762,650 2017/2018
$762,650 2018/2019
$762,650 2019/2020
$762,650 2020/2021
$762,650 2021/2022
$2,767,650 2022/2023
$2,771,000 2023/2024
$2,768,969 2024/2025
$2,771,031 2025/2026
$2,768,719 2026/2027
$2,768,394 2027/2028
$2,767,300 2028/2029
$2,768,800 2029/2030
$2,766,400 2030/2031
Notwithstanding the foregoing, the above levies of Debt Service Taxes shall not be made
unless and until such time as the Issuer determines there has been (or will be) a Shortfall and
includes all or a portion of such levy amounts in its annual budget under subsection (c) of this
Section 2.1.
(c) Determination and Funding of Shortfall. In the event that the amounts on deposit in
the Sinking Fund, Debt Service Reserve Account and Additional Projects Account on
March 15 of any year are not sufficient to make the payments of the Principal of and in-
terest due on the Series 2015A Bonds on the following June 1 and during the following
Fiscal Year (the difference between such available amounts and the amounts due on
the Series 2015A Bonds on such dates being referred to herein as a "Shortfall"), the Is-
suer presently intends to include within its budget for that Fiscal Year a levy of Debt
Service Taxes in such amount as may be necessary to make up the Shortfall and timely
pay the full amount of the Principal of and interest due on the Series 2015A Bonds on
the following June 1 and during such Fiscal Year, and for that purpose has authorized
the stand-by levy set forth in subsection (b) above; provided, however, that this stand-by
levy and expression of current intent does not create and shall not be construed as cre-
ating a general, legal or enforceable obligation of the Issuer to levy such taxes and ap-
propriate such funds for any Fiscal Year, and the decision to levy such taxes and ap-
propriate such funds for a Fiscal Year to make up a Shortfall shall be made in the sole
discretion of the then current Governing Body of the Issuer.
On or before March 15 of each year the Governing Body by resolution shall deter-
mine whether or not to include within its budget a levy of Debt Service Taxes for the
next succeeding Fiscal Year for the purpose of making up a Shortfall. If the Governing
Body determines to budget for such a levy and appropriate Debt Service Taxes for the
foregoing purposes for such Fiscal Year, the Issuer shall collect such amounts into the
debt service fund of the Issuer and thereafter transfer the same to the Sinking Fund for
application to the payment of Principal of and interest on the Series 2015A Bonds dur-
ing such Fiscal Year and/or to the Debt Service Reserve Account to replenish the same.
(d) Non -Appropriation. Notwithstanding anything in this Series 2015A Resolution to the
contrary, the levy, collection and transfer of Debt Service Taxes for the payments of any
portion of the Principal and interest due on the Series 2015A Bonds permitted under this
section shall not constitute a mandatory charge or a requirement in any ensuing Fiscal
Year beyond the then current Fiscal Year for which the Issuer has determined to make
such a levy and appropriated the funds thereby received as described herein, and the
Issuer shall have no continuing obligation to budget for, levy, collect or transfer Debt
Service Taxes to the Flood Project Fund for the payment of any portion of the Principal
of or interest due on the Series 2015A Bonds, and no provision of this Series 2015A
Resolution or the Series 2015A Bonds shall be construed or interpreted as creating a
general obligation of the Issuer or other financial obligation of the Issuer for any future
Fiscal Year or a debt within the meaning of any constitutional or statutory debt limitation.
The right reserved to the Issuer to levy Debt Service Taxes for the payments of Princi-
pal of and interest on the Series 2015A Bonds shall be subject at all times to Non -
Appropriation by the Governing Body. If a Shortfall will occur in any Fiscal Year, and in
the event the Governing Body does not budget for, levy and appropriate Debt Service
Taxes for such Fiscal Year in amounts sufficient to meet the payments of Principal of
and interest due on the Series 2015A Bonds during such Fiscal Year, the Issuer's obli-
gations under the Series 2015A Bonds shall be limited to the funds held on deposit from
time to time in the Flood Project Fund. The Issuer shall give notice to the Original Pur-
chaser of any Non -Appropriation. Upon the occurrence of any such Non -Appropriation,
the Issuer shall not be obligated to make payment from any source of any amounts in
respect of Principal and interest due on the Series 2015A Bonds beyond those amounts
otherwise held on deposit from time to time in the Flood Project Fund, and no Event of
Default shall be deemed to have occurred under Section 10.1 of the Master Resolution,
and the Issuer shall not be liable to the holders of the Series 2015A Bonds for any re-
maining amounts due on the Series 2015A Bonds or for any costs, damages (including
but not limited to consequential damages) or expenses incurred by the holders of the
Series 2015A Bonds as a result of the exercise by the Issuer of the foregoing right of
Non -Appropriation, so long as the Issuer otherwise applies the amounts held on deposit
from time to time in the Flood Project Fund for that purpose.
(e) Certification to County. Prior to the issuance and delivery of the Series 2015A
Bonds a certified copy of this Series 2015A Resolution shall be filed in the office of the
County Auditor of Dubuque County to evidence the Issuer's pledge (subject to non -
appropriation) of the Debt Service Taxes described herein.
Section 2.2. Appointment of Registrar. Wells Fargo Bank, N.A. is hereby appointed as
Registrar and Paying Agent for the Series 2015A Bonds under the terms of this Series 2015A
Resolution.
Section 2.3. Execution, Authentication and Delivery of the Series 2015A Bonds. Upon the
adoption of this Series 2015A Resolution, the Mayor and City Clerk shall execute and deliver
the Series 2015A Bonds to the Registrar, who shall authenticate the same and deliver the
same to or upon order of the Original Purchaser. No such Series 2015A 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 Series 2015A Bond a Certificate of Authen-
tication substantially in the form of the Certificate herein set forth. Such Certificate upon any
such Series 2015A Bond executed on behalf of the Issuer shall be conclusive evidence that
the Series 2015A Bond so authenticated has been duly issued under this Series 2015A
Resolution and that the holder thereof is entitled to the benefits of this Series 2015A Resolu-
tion.
ARTICLE III - REDEMPTION OF BONDS
Section 3.1. Optional Redemption. The Series 2015A Bonds maturing on or after June 1,
2026 may be called for redemption by the Issuer and paid before maturity on June 1, 2025 or
any date thereafter, from any funds regardless of source, in whole or in part, in any order of
maturity and within an annual maturity by lot. The terms of any redemption shall be par, plus
accrued interest to date of call.
ARTICLE IV - DELIVERY AND APPLICATION OF PROCEEDS
Section 4.1. Application of Series 2015A Bond Proceeds. The Series 2015A Bonds 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 2015A Bonds shall
be deposited into the Series 2015A Costs of Issuance Account.
(ii) An amount equal to the Debt Service Reserve Requirement for the Series 2015A
Bonds shall be deposited into the Debt Service Reserve Account.
(iii) The amount of $1,495,641.39 shall be deposited into the Capitalized Interest Sub -
account of the Bond Principal and Interest Account and used to pay interest on the Se-
ries 2015A Bonds through June 1, 2017.
(iv) The balance of proceeds shall be deposited into the Series 2015A Projects Ac-
count of the Project Fund and applied thereafter to pay Project Costs of the Series
2015A Projects.
Section 4.2. Debt Service Reserve Requirement. The Series 2015A Bonds shall be se-
cured by and payable from amounts held on deposit in the Debt Service Reserve Account
established under the Master Resolution. The Debt Service Reserve Requirement for the Se-
ries 2015A Bonds shall be equal to $2,080,000.
ARTICLE V - TAX PROVISIONS
Section 5.1. Disposition of Bond Proceeds; Arbitrage Not Permitted. The Issuer reasonably
expects and covenants that no use will be made of the proceeds from the issuance and sale
of the Series 2015A Bonds issued hereunder which will cause any of the Series 2015A
Bonds to be classified as arbitrage bonds within the meaning of Section 148(a) and (b) of the
Code, and that throughout the term of said Series 2015A Bonds it will comply with the re-
quirements of said statute and regulations issued thereunder.
To the best knowledge and belief of the Issuer, there are no facts or circumstances that
would materially change the foregoing statements or the conclusion that it is not expected
that the proceeds of the Series 2015A Bonds will be used in a manner that would cause such
Bonds to be arbitrage bonds. Without limiting the generality of the foregoing, the Issuer here-
by 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
2015A Resolution. The Treasurer is hereby directed to make and insert all calculations and
determinations necessary to complete the Tax Exemption Certificate in all respects and to
execute and deliver the Tax Exemption Certificate at issuance of the Series 2015A Bonds to
certify as to the reasonable expectations and covenants of the Issuer at that date.
The Issuer covenants that it will treat as yield restricted any proceeds of the Series 2015A
Bonds 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 re-
spect to the Series 2015A Bonds, the Issuer shall treat the same for the purpose of restricted
yield as held in proportion to the original principal amounts of each issue.
The Issuer covenants that it will exceed any investment yield restriction provided in this
Series 2015A 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 2015A Bonds to be classified
as arbitrage bonds under Section 148(a) and (b) of the Code.
The Issuer covenants that it will proceed with due diligence to spend the proceeds of the
Series 2015A Bonds for the purpose set forth in this Series 2015A Resolution. The Issuer fur-
ther covenants that it will make no change in the use of the proceeds available for the con-
struction of facilities or change in the use of any portion of the facilities constructed 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 charac-
ter as to cause interest on any of the Series 2015A Bonds not to be exempt from federal in-
come taxes in the hands of holders under the provisions of the Code.
Section 5.2. Additional Covenants, Representations and Warranties of the Issuer. The Is-
suer certifies and covenants with the purchasers and holders of the Series 2015A 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 assurances contained in the Tax Exemption Certifi-
cate, which Tax Exemption Certificate shall constitute a part of the contract between the Is-
suer and the owners of the Series 2015A Bonds; (c) consult with bond counsel (as defined in
the Tax Exemption Certificate); (d) pay to the United States, as necessary, such sums of
money representing required rebates of excess arbitrage profits relating to the Series 2015A
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, financial advisors, attorneys and other persons to assist the Issuer in such
compliance.
ARTICLE VI - MISCELLANEOUS PROVISIONS
Section 6.1. Delivery of Series 2015A Bonds. The Issuer shall deliver the executed Series
2015A Bonds to or upon order of the Original Purchaser in accordance with, and at the price
set forth in, the Bond Purchase Agreement.
Section 6.2. Continuing Disclosure. The Issuer 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 approved and incorporated
by reference as part of this Resolution and made a part hereof and the Mayor and City Clerk
are hereby authorized to execute and deliver the same at issuance of the Series 2015A
Bonds. Notwithstanding any other provision of this Resolution, failure of the Issuer to comply
with the Continuing Disclosure Certificate shall not be considered an event of default under
this Resolution; however, any holder of the Series 2015A Bonds or Beneficial Owner may
take such actions as may be necessary and appropriate, including seeking specific perfor-
mance by court order, to cause the Issuer to comply with its obligations under the Continuing
Disclosure Certificate. For purposes of this Section, "Beneficial Owner" means any person
which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dispose
of ownership of, any Series 2015A Bonds (including persons holding Series 2015A Bonds
through nominees, depositories or other intermediaries), or (b) is treated as the owner of any
such Bonds for federal income tax purposes.
Section 6.3. Official Statement. The use and distribution of the Preliminary Official State-
ment is hereby authorized and approved, and the execution and delivery of the Official
Statement in final form shall be and is hereby authorized, ratified, confirmed, and approved.
The Budget Director is hereby authorized and directed to ratify, confirm, approve, execute,
and deliver the Official Statement on behalf of the Issuer, and the execution of the Official
Statement by the Budget Director shall constitute conclusive evidence of each such officer's
ratification, confirmation, approval, and delivery thereof on behalf of the Issuer.
Section 6.4. Registrar and Paying Agent Agreement. The Registrar and Paying Agreement
between the Issuer and Wells Fargo Bank, N.A. with respect to the Series 2015A Bonds is
hereby approved, and the Mayor and City Clerk are hereby authorized and directed to exe-
cute and deliver the same on behalf of the Issuer.
Section 6.5. General Authorization. From and after the date of adoption of this Series
2015A Resolution, the officers, employees and agents of the Issuer are hereby authorized to
do all such acts and things and to execute and deliver any and all other documents, agree-
ments, certificates and instruments relating to the Series 2015A Bonds, the investment of the
proceeds thereof and the other transactions contemplated on the part of the Issuer by this
Series 2015A Resolution, including, but not limited to, the Tax Exemption Certificate referred
to in Section 5.1 hereof.
Section 6.6. Construction. Except to the extent set forth herein, all of the applicable terms,
conditions and provisions of the Master Resolution relating to Senior Bonds shall be deemed
and construed to apply to the Series 2015A Bonds 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 and applicable to the Series 2015A Bonds.
Section 6.7. Severability. If any section, paragraph, or provision of this Series 2015A Reso-
lution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforce-
ability of such section, paragraph or provision shall not affect any of the remaining provisions.
Section 6.8. Repeal of Conflicting Ordinances or Resolutions and Effective Date. All other
ordinances, resolutions and orders, or parts thereof, in conflict with the provisions of this Se-
ries 2015A Resolution are, to the extent of such conflict, hereby repealed; and this Series
2015A Resolution shall be in effect from and after its adoption.
Passed, approved and adopted this 18th day of May, 2015.
Lynn Sutton, Mayor -Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
7. Housing Choice Voucher Administrative Plan: City Manager recommending approval of
the draft Administrative Plan for the Housing Choice Voucher Program which has been ap-
proved by the Resident Advisory Board, the Housing Commission and the U.S. Housing and
Urban Development (HUD) Office of Fair Housing and Equal Opportunity. Motion by Braig to
receive and file the documents and approve the recommendation. Seconded by Lynch.
Community Development Director Alvin Nash responded to questions regarding the effect of
convictions and minor offenses on rental applicants. Motion carried 7-0.
8. Grandview Avenue Flower Gardens: City manager recommending approval of Gwen
Kossel and others request to plant and maintain perennials in the flower beds in the
Grandview Avenue and Plymouth Court boulevards. Motion by Connors to receive and file
the documents and approve the recommendation. Seconded by Braig. Motion carried 7-0.
9. Code of Ordinances Amendment - Title 10 Public Ways and Property repealing Section
10-5B-23 related to sledding: 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
Lynch. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 36-15 Amending
City of Dubuque Code of Ordinances Title 10 Public Ways and Property, Chapter 5 Parks
and Recreation, Article B Use Regulations, by Repealing Section 10-5B-23 Sledding and
Other Snow Activities Prohibited. Seconded by Lynch. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 36-15
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 10 PUBLIC WAYS AND
PROPERTY, CHAPTER 5 PARKS AND RECREATION, ARTICLE B USE REGULATIONS,
BY REPEALING SECTION 10-5B-23 SLEDDING AND OTHER SNOW ACTIVITIES PRO-
HIBITED
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. City of Dubuque Code of Ordinances Section 10-5B-23 is hereby repealed as
follows:
10-5B-23: RESERVED:
Section 2. This ordinance takes effect upon publication.
Passed, approved and adopted the 18th day of May, 2015.
/s/Lynn V. Sutton, Mayor Pro Tem
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 22nd day of May, 2015.
Attest: /s/Kevin S. Firnstahl, City Clerk
10. Code of Ordinances Amendment - Title 2 Boards and Commissions, Chapter 3 In-
vestment Oversight Advisory Commission: City manager recommending approval of an
amendment to the City of Dubuque ordinance for the Investment Oversight Advisory Com-
mission. Motion by Connors 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 Lynch. Motion carried 7-
0.
Motion by Connors for final consideration and passage of Ordinance No. 29-15 Amending
City of Dubuque Code of Ordinances Title 2 Boards and Commissions, Chapter 3 Investment
Oversight Advisory Commission, Section 2-3-12 Removal, by Eliminating the Public Hearing
Requirement for Removal of a Commissioner. Seconded by Lynch. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 29-15
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 2 BOARDS AND COM-
MISSIONS, CHAPTER 3 INVESTMENT OVERSIGHT ADVISORY COMMISSION, SECTION
2-3-12 REMOVAL, BY ELIMINATING THE PUBLIC HEARING REQUIREMENT FOR RE-
MOVAL OF A COMMISSIONER
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 2-3-12 of the City of Dubuque Code of Ordinances is hereby amended
as follows:
2-3-12: REMOVAL:
Except as provided in 2-3-10(D)(1), the city council may remove any commissioner for
good cause.
Section 2. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 18th day of May, 2015.
/s/Lynn V. Sutton, Mayor Pro Tem
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 22nd day of May, 2015.
Attest: /s/Kevin S. Firnstahl, City Clerk
11. Code of Ordinances Amendment - Title 2 Boards and Commissions, Chapter 6 Envi-
ronmental Stewardship Advisory Commission: City Manager recommending approval of an
amendment to the City of Dubuque ordinance for the Environmental Stewardship Advisory
Commission. Motion by Connors 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 Lynch. Motion
carried 7-0.
Motion by Connors for final consideration and passage of Ordinance No. 30-15 Amending
City of Dubuque Code of Ordinances Title 2 Boards and Commissions, Chapter 6 Environ-
mental Stewardship Advisory Commission, Section 2-6-12 Removal, by eliminating the public
hearing requirement for removal of a commissioner. Seconded by Lynch. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 30-15
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 2 BOARDS AND COM-
MISSIONS, CHAPTER 6 ENVIRONMENTAL STEWARDSHIP ADVISORY COMMISSION,
SECTION 2-6-12 REMOVAL, BY ELIMINATING THE PUBLIC HEARING REQUIREMENT
FOR REMOVAL OF A COMMISSIONER
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 2-6-12 of the City of Dubuque Code of Ordinances is hereby amended
as follows:
2-6-12: REMOVAL:
Except as provided in 2-6-10(D)(1), the city council may remove any commissioner for
good cause.
Section 2. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 18th day of May, 2015.
/s/Lynn V. Sutton, Mayor Pro Tem
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 22nd day of May, 2015.
Attest: /s/Kevin S. Firnstahl, City Clerk
12. Code of Ordinances Amendment - Title 2 Boards and Commissions, Chapter 8 Arts
and Cultural Affairs Advisory Commission: City Manager recommending approval of an
amendment to the City of Dubuque ordinance for the Arts and Cultural Affairs Advisory
Commission. 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. 31-15 Amending
City of Dubuque Code of Ordinances Title 2 Boards and Commissions, Chapter 8 Arts and
Cultural Affairs Advisory Commission, Section 2-8-12 Removal, by eliminating the public
hearing requirement for removal of a commissioner. Seconded by Resnick. Motion carried 7-
0.
OFFICIAL PUBLICATION
ORDINANCE NO. 31-15
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 2 BOARDS AND COM-
MISSIONS, CHAPTER 8 ARTS AND CULTURAL AFFAIRS ADVISORY COMMISSION,
SECTION 2-8-12 REMOVAL, BY ELIMINATING THE PUBLIC HEARING REQUIREMENT
FOR REMOVAL OF A COMMISSIONER
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 2-8-12 of the City of Dubuque Code of Ordinances is hereby amended
as follows:
2-8-12: REMOVAL:
Except as provided in 2-8-10(D)(1), the City Council may remove any commissioner for
good cause.
Section 2. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 18th day of May, 2015.
/s/Lynn V. Sutton, Mayor Pro Tem
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 22nd day of May, 2015.
Attest: /s/Kevin S. Firnstahl, City Clerk
13. Code of Ordinances Amendment - Title 5 Transit System, Chapter 1 Transit Advisory
Board: City Manager recommending approval of an amendment to the City of Dubuque ordi-
nance for the Transit Advisory Board. Motion by Connors 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. Se-
conded by Lynch. Motion carried 7-0.
Motion by Connors for final consideration and passage of Ordinance No. 32-15 Amending
City of Dubuque Code of Ordinances Title 5 Transit System, Chapter 1 Transit Advisory
Board, Section 5-1-12 Removal, by eliminating the public hearing requirement for removal of
a member. Seconded by Lynch. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 32-15
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 5 TRANSIT SYSTEM,
CHAPTER 1 TRANSIT ADVISORY BOARD, SECTION 5-1-12 REMOVAL, BY ELIMINAT-
ING THE PUBLIC HEARING REQUIREMENT FOR REMOVAL OF A MEMBER
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 5-1-12 of the City of Dubuque Code of Ordinances is hereby amended
as follows:
Except as provided in 5-1-10(D)(1), the city council may remove any member for good
cause.
Section 2. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 18th day of May, 2015.
/s/Lynn V. Sutton, Mayor Pro Tem
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 22nd day of May, 2015.
Attest: /s/Kevin S. Firnstahl, City Clerk
14. Code of Ordinances Amendment- Title 14 Building and Development, Chapter 1 Build-
ing Codes, Article D Electrical Code: City Manager recommending approval of an amend-
ment to the City of Dubuque ordinance for the Electrical Code Board. Motion by Jones to re-
ceive and file the documents and that the requirement that a proposed ordinance be consid-
ered 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. 33-15 Amending
City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building
Codes, Article D Electrical Code, Section 14-1D-3 Electrical Code Board, by eliminating the
public hearing requirement for removal of a member. Seconded by Resnick. Motion carried 7-
0.
OFFICIAL PUBLICATION
ORDINANCE NO. 33-15
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DE-
VELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE D ELECTRICAL CODE, SEC-
TION 14-1D-3 ELECTRICAL CODE BOARD, BY ELIMINATING THE PUBLIC HEARING
REQUIREMENT FOR REMOVAL OF A MEMBER
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 14-1 D-3 of the City of Dubuque Code of Ordinances is hereby amended
as follows:
14-1 D-3: ELECTRICAL CODE BOARD:
L. Removal: Except as provided in J(4)(a), the city council may remove any member for
good cause.
Section 2. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 18th day of May, 2015.
/s/Lynn V. Sutton, Mayor Pro Tem
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 22nd day of May, 2015.
Attest: /s/Kevin S. Firnstahl, City Clerk
15. Code of Ordinances Amendment - Title 6 Health, Housing, Sanitation and Environ-
ment, Chapter 6 Housing Regulations: City Manager recommending approval of an amend-
ment to the City of Dubuque ordinance for the Housing Code Appeals Board. Motion by Con-
nors 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 Braig. Motion carried 7-0.
Motion by Connors for final consideration and passage of Ordinance No. 34-15 Amending
City of Dubuque Code of Ordinances Title 6 Health, Housing, Sanitation and Environment,
Chapter 6 Housing Regulations, Section 6-6-8 Housing Code Appeals Board, by eliminating
the public hearing requirement for removal of a commissioner. Seconded by Braig. Motion
carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 34-15
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 6 HEALTH, HOUSING,
SANITATION AND ENVIRONMENT, CHAPTER 6 HOUSING REGULATIONS, SECTION 6-
6-8 HOUSING CODE APPEALS BOARD, BY ELIMINATING THE PUBLIC HEARING RE-
QUIREMENT FOR REMOVAL OF A COMMISSIONER
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 6-6-8 of the City of Dubuque Code of Ordinances is hereby amended as
follows:
6-6-8: HOUSING CODE APPEALS BOARD:
L. Removal: Except as provided in J(4)(a), the city council may remove any member for
good cause.
Section 2. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 18th day of May, 2015.
/s/Lynn V. Sutton, Mayor Pro Tem
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 22nd day of May, 2015.
Attest: /s/Kevin S. Firnstahl, City Clerk
16. Request for Work Session - Voluntary Compliance Agreement (VCA) Action Plan: City
Manager recommending a work session be scheduled for Monday, June 15, 2015 at 5:15 PM
to review the Analysis of Impediments and Voluntary Compliance Agreement (VCA) Action
Plan. Motion by Lynch to receive and file the documents and set the work session as recom-
mended. Seconded by Connors. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Council Member Braig acknowledged Joyce Connors for receiving the Ann Michalski ser-
vice Award on May 16.
Council Member Jones acknowledge Mayor Roy Buol for receiving the Tourism Supporter
Award.
PUBLIC INPUT
North End Neighborhood Association President Chuck Harris, 2473 Jackson St., thanked
the City Council for their efforts related to the Bee Branch Creek Restoration Project.
There being no further business, upon motion the City Council adjourned at 9:09 p.m.
/s/Kevin S. Firnstahl, CMC
City Clerk