3 20 17 City Council Proceedings Official_RegularCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:00 p.m. on March 20, 2017 in
the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Connors, Del Toro, Jones, Lynch, Resnick,
Rios; City Manager Van Milligen, City Attorney Brumwell
Mayor Buol read the call and stated this is a regular session of the City Council called
for the purpose of conducting such business that may properly come before the City
Council.
PLEDGE OF ALLEGIANCE
PROCLAMATION(S)
1. Irish -American Heritage Month (March 2017) was accepted by Irish Hooley Event
Coordinator and Ancient Order of the Hibernians #2 Recording Secretary Bob Felderman.
2. Junior Achievement Day (April 6, 2017) was accepted by Stephanie Ludovissy, De-
velopment Director, JA of the Heartland.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose
of as indicated. Seconded by Resnick. Motion carried 7-0.
1. Minutes and Reports Submitted: Building Code Appeals Board of 12/20/16; Cable
TV Commission of 3/1; City Council Proceedings of 3/6, 3/7; Community Development
Advisory Commission for 2/21; Human Rights Commission of 2/13;Library Board of Trus-
tees Council Update #158 of 2/23; Parks and Recreation Advisory Commission for 2/14;
Resilient Community Advisory Commission of 3/2; Sister Cities Relationships Advisory
Commission of 1/18; Zoning Advisory Commission for 3/1; Zoning Board of Adjustment
for 2/23; Proofs of Publication for City Council Proceedings of 2/13, 2/16, 2/20, 2/22, 2/23
and 2/27. Upon motion the documents were received and filed.
2. Notice of Claims and Suits: Kaitlyn Birch for vehicle damage and personal injury;
Scott Printing for property damage. Upon motion the documents were received, filed and
referred to the City Attorney.
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3. Disposition of Claims: City Attorney advising that the following claims have been
referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As-
surance Pool: Kathaleen Nelson for property damage; Scott Printing for property damage.
Upon motion the documents were received, filed and concurred.
4. 365ink Impact Award for Sustainability: City Manager transmitting information on the
365ink Impact Award for Sustainability given to the City of Dubuque in recognition of the
Bee Branch Creek Flood Mitigation Project and the Comprehensive Housing Activities for
Neighborhood Growth & Enrichment (CHANGE) Program. Upon motion the documents
were received and filed.
5. Anderson Sainci Named Millennial Impact Fellow: City of Dubuque News Release
advising that Resource Management Coordinator and Supervisor Anderson Sainci has
been named a Millennial Impact Fellow by New Profit, a national venture philanthropy
fund. Upon motion the documents were received and filed.
6. Leisure Services News Updates March 2017: City Manager transmitting the City of
Dubuque Leisure Services News / Updates brochure. Upon motion the documents were
received and filed.
7. Bee Branch Healthy Homes Resiliency Program: City Manager transmitting a City
of Dubuque public information brochure on the Bee Branch Healthy Homes Resiliency
Program. Upon motion the documents were received and filed.
8. Mississippi River Cities and Towns Initiative Annual Meeting Materials: City Manager
transmitting material from the 5th Annual Mississippi River Cities & Towns Initiative held
February 28 - March 2, 2017 in Washington, DC. Upon motion the documents were re-
ceived and filed.
9. Stipulation of Settlement for Property Tax Appeal - HyVee Food Stores, 300 S. Lo-
cust Street: City Attorney recommending approval of the Stipulation of Settlement for a
property tax appeal filed by HyVee Food Stores, Inc. for property located at 300 S. Locust
Street. Upon motion the documents were received, filed and approved.
10. Stipulation of Settlement for Property Tax Appeal - HyVee Food Stores, 4800 As-
bury Road: City Attorney recommending approval of the Stipulation of Settlement for a
property tax appeal filed by HyVee Food Stores, Inc. for property located at 4800 Asbury
Road. Upon motion the documents were received, filed and approved.
11. Green Industrial Supply, Inc. - Contract Amendment: City Manager recommending
approval of a resolution authorizing an amendment to a contract with the Iowa Economic
Development Authority (IEDA) for Iowa Values Funds (IVF) Financial Assistance benefits
on behalf of Green Industrial Supply, Inc. Upon motion the documents were received and
filed and Resolution No. 94-17 Approving a Third Amendment to the Economic Develop-
ment Financial Assistance Contract by and among Green Industrial Supply, Inc., the City
of Dubuque, and the Iowa Economic Development Authority was adopted.
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RESOLUTION NO. 94-17
APPROVING A THIRD AMENDMENT TO THE ECONOMIC DEVELOPMENT FINAN-
CIAL ASSISTANCE CONTRACT BY AND AMONG GREEN INDUSTRIAL SUPPLY,
INC., THE CITY OF DUBUQUE, AND THE IOWA ECONOMIC DEVELOPMENT AU-
THORITY
Whereas, in 2011, Green Industrial Supply, Inc. (Green Industrial), the City of Dubuque
(City) and Iowa Economic Development Authority (IEDA) entered into an Economic De-
velopment Financial Assistance Contract (the Contract) for the expansion of Green In-
dustrial's operations in Dubuque, Iowa; and
Whereas, the Contract provided for a Project Completion Date of August 31, 2014; and
Whereas, Green Industrial requested and IEDA approved an extension of the Project
Completion Date to August 31, 2015 in a Contract Amendment dated January 16, 2015;
and
Whereas, Green Industrial requested and IEDA approved a further extension of the
Project Completion Date from August 31, 2015 to August 31, 2016 in a Contract Amend-
ment dated May 20, 2016; and
Whereas, Green Industrial has requested a further extension of the Project Completion
Date from August 31, 2016 to February 28, 2017; and
Whereas, IEDA has approved the extension of the Project Completion Date to Febru-
ary 28, 2017 as set forth in the attached Contract Amendment; and
Whereas, the City Council finds that the attached Contract Amendment should be ap-
proved.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Contract Amendment attached hereto is hereby approved.
Section 2. The Mayor is hereby authorized and directed to execute and the City Man-
ager is hereby directed to submit the Contract Amendment to the Iowa Economic Devel-
opment Authority together with such other documents as may be required.
Passed, approved, and adopted this 20th day of March, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
12. Lead Hazard Control Grant Application 2017: City Manager recommending ap-
proval of an application to the U.S. Department of Housing and Urban Development
(HUD) for continuation of the Lead -Based Paint Hazard Control Program throughout the
City of Dubuque. Upon motion the documents were received and filed and Resolution No.
95-17 Authorizing the Mayor to Execute an application for a HUD Lead Paint Hazard
Control and Healthy Homes Program grant was adopted.
RESOLUTION NO. 95-17
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN APPLICATION FOR A
HUD LEAD PAINT HAZARD CONTROL AND HEALTHY HOMES PROGRAM GRANT
Whereas, the City of Dubuque has operated a local childhood lead poisoning preven-
tion program since 1994; and
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Whereas, the City initially received a HUD Round 4 Lead Hazard Control Program
Grant in 1997, and had administered a program from 1997-2014 and November 2015 to
present; and
Whereas, the U.S. Department of Housing and Urban Development has made availa-
ble additional funds for the Lead -Based Paint Hazard Control Program, including for lead-
based paint hazard control, lead hazard awareness, training, community outreach, envi-
ronmental assessments and treatment; and
Whereas, the City of Dubuque proposes a Lead Paint Hazard Control Program
throughout the entire City of Dubuque with a focus on historically significant properties in
Census Tracts 1, 2, 5, 6, 7.01 and 7.02.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1: That the Mayor is hereby authorized and directed to execute an application
to the U.S. Department of Housing and Urban Development for a Lead Based -Paint Haz-
ard Control Grant in the amount of $2.900,000.
Section 2: Funds from the Community Development Block Grant Program in the
amount of $150,000 will be committed in fiscal years 2018-2021 as required match.
Section 3: That the City Manager is hereby authorized and directed to forward said
application and resulting standard executed contract to the respective agencies in a timely
fashion and as required by the U. S. Department of Housing and Urban Development.
Passed, approved and adopted this 20th day of March 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
13. Civil Service Commission - Certified Lists: Civil Service Commission submitting the
Certified Lists for the positions of Assistant Horticulturist and Water Distribution Foreman.
Upon motion the documents were received, filed and made a Matter of Record.
March 2, 2017
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, an examination for the position
of Assistant Horticulturist was administered on January 31, 2017. We hereby certify that
the individuals listed below have passed this written examination and the vacancy for this
position should be made from this list and that this list is good for two (2) years from above
date.
Assistant Horticulturist
Jeffry Breitbach, Corey Goedken, Ronald Lindblom, John Sewell, Joel Leach, Jay
White, Laura Klavitter, Andy Unrau, Gabriel Smutz, Paul Neuhaus, Alec Leytem, Drew
Funke, Peggy Johnson, Christopher Leppert, James Gronen, Ryan Schmit, Brent Bar -
loon and Dale Richardson
Respectfully submitted,
/s/Dan White, Chairman
Civil Service Commission
March 2, 2017
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Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, a promotional examination for
the position of Water Distribution Foreman was administered on February 15, 2017. We
hereby certify that the individuals listed below have passed this written examination and
the vacancy for this position should be made from this list and that this list is good for two
(2) years from above date.
Water Distribution Foreman
Nick Connolly, Darrin Homb, Carl Plumley, Adam Decker and Paul Davis
Respectfully submitted,
/s/Daniel White, Chairperson
Civil Service Commission
14. Updates to Special Events Permit Application Booklet: City Manager recommend-
ing approval of updates to the City of Dubuque Special Events Permit Application Booklet.
Upon motion the documents were received, filed and approved.
15. AT&T - Sale of Communications Equipment and Transfer of Conduit: City Manager
recommending approval of the execution of the Bill of Sale of Communications Systems
and the transfer of conduit to the City of Dubuque from AT&T Corporation. Upon motion
the documents were received, filed and approved.
16. U.S. Department of the Interior Biennial Report for the Historic Federal Building:
City Manager transmitting correspondence from the U.S. Department of the Interior re-
lated to the City's submission of the Biennial Report for the Historic Federal Building.
Upon motion the documents were received and filed.
17. Dubuque Racing Association Improvement Projects Request: City Manager rec-
ommending approval of a request from Dubuque Racing Association President & CEO
Jesus Aviles for City Council consent to use the Depreciation and Improvement Fund to
complete two capital improvement projects. Upon motion the documents were received,
filed and approved.
18. Code of Ordinances - Adoption of Supplement No. 24: City Clerk recommending
adoption of Supplement No. 24 to the City of Dubuque Code of Ordinances. Upon motion
the documents were received and filed and Resolution No. 96-17 Adopting Supplement
No. 24 to the Code of Ordinances of the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 96-17
ADOPTING SUPPLEMENT NO. 24 TO THE CODE OF ORDINANCES OF THE CITY
OF DUBUQUE, IOWA
Whereas, under date of August 17, 2009, the City Council, pursuant to Ordinance No.
43-09, readopted the Code of Ordinances of the City of Dubuque, Iowa in its entirety; and
Whereas, since August 17, 2009 the City Council of the City of Dubuque, Iowa has
adopted certain ordinances amending the Code of Ordinances and said amendments
have been printed as supplements to the Code of Ordinances; and
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Whereas, Section 380.8 of the Code of Iowa provides that supplements, by resolution,
become part of the Code of Ordinances.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Supplement No. 24 to the City of Dubuque Code of Ordinances, which
codifies Ordinance Nos. 57-17, 58-16, and 1-17 as adopted by the City Council through
January 3, 2017, prepared by the Sterling Codifiers, Inc., and filed in the Office of the City
Clerk of the City of Dubuque, Iowa is hereby adopted and becomes part of the Code of
Ordinances of the City of Dubuque, Iowa.
Passed, approved and adopted this 20th day of March, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
19. Tobacco Compliance — Civil Penalty for Tobacco License Holder — Fas Mart:City
Manager recommending approval of the Acknowledgement/Settlement Agreement for a
tobacco compliance violation for Fas Mart, 2175 Central Avenue. Upon motion the docu-
ments were received, filed and approved.
20. Alcohol Compliance Civil Penalty for Alcohol License Holder — Noonan's Tap: City
Manager recommending approval of the Acknowledgment/Settlement Agreement for an
alcohol compliance violation for Noonan's Tap, 1618 Central Avenue. Upon motion the
documents were received, filed and approved.
21. Alcohol License Applications: City Manager recommending approval of annual
beer, liquor and wine licenses as submitted. Upon motion the documents were received
and filed and Resolution No. 97-17 Approving applications for beer, liquor, and/or wine
permits, as required by City of Dubuque Code of Ordinances Title 4 Business and License
Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and
Permits was adopted.
RESOLUTION NO. 97-17
APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS
REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS
AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQ-
UOR, BEER AND WINE LICENSES AND PERMITS
Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted and
filed with the City Council for approval and the same have been examined and approved;
and
Whereas, the premises to be occupied by such applicants were inspected and found
to comply with the Ordinances of the City and the applicants have filed the proper fees
and bonds and otherwise complied with the requirements of the Code of Ordinances.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Clerk is hereby authorized and directed to cause to be issued the
noted permit types to the following applicants pending submission of the locally required
documentation:
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Renewals
Chopper's
601 Rhomberg Ave.
Eagles Club
Kwik Stop Food Mart
1175 Century Dr.
2360 Central Ave.
Mindframe Theaters
555 J.F. Kennedy
Rd. #105
Salsa's Mexican Restau-
rant
1091 Main St.
Sportsters Pub & Grub 2600 Central Ave.
The Venue 1 285 Main St.
Special Event
Class C Liquor (Outdoor) (Sun-
day)
Class C Liquor (Sunday)
Class E Liquor, Class B Native
Wine, Class C Beer (Sunday)
Class C Liquor (Sunday)
Class C Liquor (Sunday)
Class C Liquor (Sunday)
Class C Liquor (Sunday)
Steeple Square
4-27-17
105 East 15th St.
Class C Liquor
Passed, approved and adopted this 20th day of March, 2017.
Attest: Kevin S. Firnstahl, City Clerk
ITEMS SET FOR PUBLIC HEARING
Roy D. Buol, Mayor
Motion by Connors to receive and file the documents, adopt the resolutions, set the
public hearings as indicated, and direct the City Clerk to publish notice as prescribed by
law. Seconded by Lynch. Motion carried 7-0.
1. Request to Release Easement - Tri-State Shred / Old Bellevue Road: City Manager
recommending approval of the request from Bruce Radtke, President of Tri-State Shred,
2270 Twin Valley Road, to vacate a portion of the Old Bellevue Road public right-of-way
easement across Lots 1 and 2 of Gudenkauf Place and Lots 1 and 2 of Twin Valley Place,
and further recommends that a public hearing be set for April 3, 2017, on the disposal of
the property. Upon motion the documents were received and filed and Resolution No. 98-
17 Resolution of Intent to vacate and dispose of City interest in the Old Bellevue Road
public right-of-way easement over and across Lot 1 and Lot 2 of Gudenkauf Place and
Lot 1 and Lot 2 of Twin Valley Place in the City of Dubuque, Iowa was adopted setting a
public hearing for a meeting to commence at 6:00 p.m. on April 3, 2017 in the Historic
Federal Building.
RESOLUTION NO. 98-17
RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN THE
OLD BELLEVUE ROAD PUBLIC RIGHT OF WAY EASEMENT OVER AND ACROSS
LOT 1 AND LOT 2 OF GUDENKAUF PLACE AND LOT 1 AND LOT 2 OF TWIN VAL-
LEY PLACE IN THE CITY OF DUBUQUE, IOWA
Whereas, Lloyd S. and Lois A. Gudenkauf are the current owners of Lot 1 and Lot 2 of
Gudenkauf Place, in the City of Dubuque, Iowa; and
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Whereas, Legion -Aires Drum and Bugle Corps is the current owner of Lot 1 of Twin
Valley Place, in the City of Dubuque, Iowa; and
Whereas, Mike Stecher Real Estate is the current owner of Lot 2 of Twin Valley Place,
in the City of Dubuque, Iowa; and
Whereas, the City holds a public roadway easement in the Old Bellevue Road right of
way across Lots 1 and 2 of Gudenkauf Place and Lots 1 and 2 of Twin Valley Place; and
Whereas, Tri-State Shred, the contract buyer of Lot 2 of Gudenkauf Place and Lot 2 of
Twin Valley Place is planning an addition to the existing building on Lot 2 of Twin Valley
Place and where said addition lies over said road right of way easement; and
Whereas, Tri-State Shred, the contract buyer of Lot 2 of Gudenkauf Place and Lot 2 of
Twin Valley Place has petitioned to vacate the public roadway easement in the Old Belle-
vue Road right of way across Lots 1 and 2 of Gudenkauf Place and Lots 1 and 2 of Twin
Valley Place in order to facilitate the construction of the proposed building addition; and
Whereas, all adjacent land owners and all land owners of interest have provided to the
City written consent to the proposed easement vacation; and
Whereas, all interested private utility owners have provided to the City written consent
to the proposed easement vacation.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque, intends to vacate and dispose of its interest in the
public roadway easement in the Old Bellevue Road right of way across portions of Lots 1
and 2 of Gudenkauf Place and Lots 1 and 2 of Twin Valley Place, as shown on the at-
tached Exhibit A.
Section 2. That the City Clerk be and is hereby authorized and directed to cause a
notice of intent to dispose of said interest to be published in the manner as prescribed by
law.
Passed, approved and adopted this 20th day of March, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
BOARDS/COMMISSIONS
Applicants were invited to address the City Council regarding their appointment to the
following Board/Commission.
1. Human Rights Commission: One, 3 -year term through January 1, 2020 (Vacant term
of Lenhart). Applicants: Jessica Perry (Indigo Channing), 160 N. Algona St.; Kristen
Ricondo, 2769 University Ave. Ms. Perry spoke in favor of her appointment. Ms. Ricondo
advised the City Council that she is withdrawing her application because she is no longer
able to commit to the three-year term.
Appointments were made to the following Boards/Commissions.
2. Community Development Advisory Commission: One, 3 -year term through February
15, 2020 (Expiring Low- to Moderate -Income Representative term of Burley). Applicant:
Sara Burley, 2622 Broadway (Qualifies as Low- to Moderate -Income Representative).
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Motion by Connors to appoint Ms. Burley a 3 -year term through February 15, 2020. Se-
conded by Lynch. Motion carried 7-0.
3. Housing Code Appeals Board: One, 3 -year term through January 11, 2019 (Vacant
term of Miller). Applicant: Gil Spence, 975 Grove Ter. Motion by Jones to appoint Mr.
Spence to the remainder of a 3 -year term through January 11, 2019. Seconded by Con-
nors. Motion carried 7-0.
4. Mechanical and Plumbing Code Board: One, 3 -year term through March 16, 2020
(Expiring Term of Giese). Applicant: Tom Giese, 395 Villa St. Motion by Connors to ap-
point Mr. Giese to a 3 -year term through March 16, 2020. Seconded by Resnick. Motion
carried 7-0.
5. Zoning Board of Adjustment: One, 5 -year term through March 25, 2022 (Expiring
term of Golombeski). Applicant: Bethany Golombeski, 65 Cambridge Ct. Motion by Lynch
to appoint Ms. Golombeski to a 5 -year term through March 25, 2022. Seconded by Con-
nors. Motion carried 7-0.
PUBLIC HEARINGS
1. Request to Rezone - Derby Grange, LLC / 12568 John F. Kennedy Road: Proof of
publication on notice of public hearing to consider a request from Derby Grange, LLC, to
rezone 50.4 acres at the Northwest Corner of Kennedy Road and Derby Grange Road
(12568 Kennedy Road) from County AG Agricultural to City R-2 Two -Family Residential
concurrent with annexation to the City of Dubuque 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 Connors. Motion failed 5-2 with Del Toro and Rios voting nay.
Developer Brian Riniker spoke in favor of the request and provided details of the pro-
ject. Planning Services Manager Laura Carstens provided a staff report. Suzanne Conlon -
Kalb, 12470 Eton Circle, submitted a petition by county residents in opposition to the
request. Kristen Bickel -Clark, 12210 Forest Meadow Dr.; Joe Mettile, 16559 Clay Hill Rd.;
Brian Moran, 16593 Forest Gate Rd.; Paul Kalb, 12471 Eton Circle; Phillip Kalvelage,
16785 Clay Hill Rd.; Steve Chapman, 16431 Forest Gate Rd.; Nathan Sunquist, 16393
Forest Gate Rd.; and Kevin Dougherty, 12536 J.F.K Rd. all spoke in opposition to the
request. Speakers cited increased traffic posing safety hazards to pedestrian and bike
traffic on this portion of JFK Road, increased home density with R-2 zoning, decrease in
property values, future enforcement of restrictive covenants and stormwater runoff con-
cerns. Mr. Riniker, Ms. Carstens, and Assistant City Engineer Bob Schiesl provided infor-
mation that clarified the Code requirement for notifying property owners in zoning re-
quests, the county's authority over maintenance and upgrading of JFK Road and the
City's upgrade project at the intersection with the NW Arterial, and the Code requirement
for joint review by the County Board of Supervisors. City Council asked staff to inquire
about a secondary exit from the Dubuque Soccer Complex.
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Planning Services Staff who were present reviewed the petition and informed Council
that because of the percentage of property within 200 feet of the request, approval would
require a super majority vote of the Council.
Motion by Jones to consider the first reading of the proposed ordinance. Seconded by
Lynch. Motion carried 5-2.
Point of Order: Later in the meeting and following research of the Iowa Code, City
Attorney Brumwell informed the City Council that the super majority rule created by the
20% petitioning properties would also apply to first readings of an ordinance. Motion by
Connors to reconsider Public Hearing #1. Seconded by Resnick. Motion carried 7-0.
Motion by Jones to consider the first reading of the proposed ordinance. Seconded by
Connors. Motion carried 7-0.
2. Request to Rezone - Jim Kress / Derby Grange Road: Proof of publication on notice
of public hearing to consider a request from Jim Kress to rezone 2.99 acres located along
Derby Grange Road from County AG Agricultural to City R-1 Single -Family Residential
concurrent with annexation to the City of Dubuque and the Zoning Advisory Commission
recommending approval. Restated motion by Connors for first reading of the proposed
ordinance. Seconded by Lynch. Developer Jim Kress spoke in support of the request.
Planning Services Manager Laura Carstens provided staff report. Motion carried 6-1 with
Del Toro voting nay.
3. Rustic Point Area Voluntary Annexation: Proof of publication on notice of public
hearing to consider approval of the Rustic Point Area annexation of approximately 56
acres owned by four property owners: Marlene L. Brimeyer (1.42 acres), Derby Grange
LLC (50.4 acres), James F. and Janet M. Kress (2.99 acres), and the City of Dubuque
(1.35 acres) and the City Manager recommending approval. Motion by Connors to receive
and file the documents and conduct the public hearing. Seconded by Lynch. Motion car-
ried 7-0.
Planning Services Manager stated that Mr. Riniker and Mr. Kress approved of tabling
this item since it relates to their rezoning requests. Suzanne Conlon -Kalb, 12470 Eton
Circle, questioned the relationship with the rezonings and annexations versus the pur-
chase of an easement by the City. City Attorney Brumwell stated that the purchase of
property from Ms. Brimeyer was by purchase agreement.
Motion by Connors to table the item until the April 3, 2017 meeting. Seconded by
Lynch. Motion carried 7-0.
4. Derby Grange Road Housing Urban Renewal Plan: Proof of publication on notice of
public hearing to consider approval of a Resolution adopting the Urban Renewal Plan for
the Derby Grange Road Housing Urban Renewal Area and the City Manager recom-
mending approval. Motion by Jones to receive and file the documents and conduct the
public hearing. Seconded by Connors. Motion carried 7-0.
Suzanne Conlon -Kalb, 12470 Eton Circle, questioned the land use being reserved for
agriculture as aligned with the Comprehensive Plan. Planning Services Manager Laura
Carstens stated that Ms. Conlon was referring to the County's Regional Smart Plan and
land suitability analysis. and that the City uses its own 2012 Comprehensive plan which
applies numerous goals and objectives for land use beyond the map. Kristin Clark, 2210
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Forest Meadow Dr., stated that part of the plan should be to avoid a similar situation in
Asbury where the neighbors are unaware of developments and that properties should not
build up to the road if a wider road is needed.
Motion by Jones to table the item to the April 3, 2017 meeting. Seconded by Connors.
Motion carried 7-0.
5. South Pointe Housing Urban Renewal Area: Proof of publication on notice of public
hearing to consider approval of a resolution approving the Urban Renewal Plan for the
South Pointe Housing Urban Renewal Area and the City Manager recommending ap-
proval. Motion by Connors to receive and file the documents and adopt Resolution No.
101-17 Approving the Urban Renewal Plan for the South Pointe Housing Urban Renewal
Area. Seconded by Lynch. Motion carried 7-0.
RESOLUTION NO. 101-17
APPROVING THE URBAN RENEWAL PLAN FOR THE SOUTH POINTE HOUSING
URBAN RENEWAL AREA
Whereas, by Resolution 66-17 approved on February 20, 2017, the City Council of the
City of Dubuque, Iowa authorized the preparation of an Urban Renewal Plan (the "Plan")
for the South Pointe Housing Urban Renewal Area (the "Area"); and
Whereas, the City of Dubuque's primary objective for the Plan is to provide opportuni-
ties which will further economic development purposes and objectives as described in the
Plan in the Area; and
Whereas, a consultation process has been undertaken with affected taxing entities in
accordance with Chapter 403 of the Code of Iowa with no written objections or recom-
mended changes to the Plan received; and
Whereas, the Iowa statutes require the City Council to submit the proposed Plan to the
City's Long Range Planning Commission for review and recommendation as to its con-
formity with the general plan for development of the City as a whole, prior to City Council
approval thereof; and
Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has
held a public hearing on the proposed Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Urban Renewal Plan for the South Pointe Housing Urban Renewal
Area is hereby approved; that a feasible method exists for the location of any families
who will be displaced from the District into decent, safe and sanitary dwelling accommo-
dations within their means and without undue hardship to such families; and that the Plan
conforms to the general plan of the City as a whole.
Section 2. That the South Pointe Housing Urban Renewal Area is an economic devel-
opment area within the meaning of Iowa Code Chapter 403; that such area is eligible for
designation as an urban renewal area and otherwise meets all requisites under the pro-
visions of Chapter 403 of the Code of Iowa; and that the rehabilitation, conservation, re-
development, development, or a combination thereof, of such area is necessary in the
interest of the public health, safety or welfare of the residents of this City.
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Section 3. That, notwithstanding any resolution, ordinance, plan, amendment or any
other document, the original Plan shall be in full force and effect from the date of this
Resolution until the Council amends or repeals the Plan.
Section 4. That the City Clerk of the City of Dubuque, Iowa is hereby authorized and
directed to file a certified copy of this Resolution and the Plan in the office of the Dubuque
County Auditor.
Passed, approved and adopted this 201h day of March, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
6. SRF Green Alley Project Bid Set 4 - Year 3: Proof of publication on notice of public
hearing to consider approval of plans, specifications, form of contract and estimated cost
for the Green Alley Bid Set 4 - Year 3 Project and the City Manager recommending ap-
proval. Motion by Jones to receive and file the documents and adopt Resolution No. 102-
17 Approval of plans, specification, form of contract, and estimated cost for the SRF
Green Alley Bid Set 4 - Year 3 Project; Resolution No. 103-17 Resolution with respect to
the Adoption of the Resolution of Necessity proposed for the SRF Green Alley Project Bid
Set 4 - Year 3 Project; and Resolution No. 104-17 Approving the Schedule of Assess-
ments and estimate of total cost for the SRF Green Alley Bid Set 4 - Year 3 Project.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 102-17
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTI-
MATED COST FOR THE SRF GREEN ALLEY BID SET 4 — 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 4 — Year 3 Project, in the estimated amount $825,969.10, are
hereby approved.
Passed, adopted and approved this 20th day of March, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 103-17
RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NE-
CESSITY PROPOSED FOR THE SRF GREEN ALLEY BID SET 4 — YEAR 3 PROJECT
Whereas, the City Council has proposed a Resolution of Necessity for the SRF Green
Alley Bid Set 4 — 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
proposed 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:
12
Adopted, without amendment, and all objections filed or made having been duly con-
sidered are overruled.
Passed, adopted and approved this 201h day of March, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 104-17
APPROVING SCHEDULE OF ASSESSMENTS AND ESTIMATE OF TOTAL COST
FOR THE SRF GREEN ALLEY BID SET 4 — 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 4 — Year 3 Project are hereby approved.
Passed, approved and adopted this 20th day of March, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
7. Westside Water System Improvements - English Mill and North Cascade Road Wa-
ter Main Extension and English Mill Road Pump Station Project: Proof of publication on
notice of public hearing to consider approval of plans, specifications, form of contract, and
estimated cost for the Westside Water System Improvements that include the English Mill
and North Cascade Road Water Main Extension and the English Mill Road Pump Station
Project and the City Manager recommending approval. Motion by Lynch to receive and
file the documents and adopt Resolution No. 105-17 Approval of plans, specifications,
form of contract, and estimated cost for the Westside Water System Improvements - Eng-
lish Mill and North Cascade Road Water Main Extension and the English Mill Road Pump
Station Project. Seconded by Resnick. Motion carried 7-0.
RESOLUTION NO. 105-17
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTI-
MATED COST FOR THE WESTSIDE WATER SYSTEM IMPROVEMENTS
ENGLISH MILL & NORTH CASCADE ROAD WATER MAIN EXTENSION AND THE
ENGLISH MILL ROAD PUMP STATION 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
Westside Water System Improvements - English Mill & North Cascade Road Water Main
Extension and the English Mill Road Pump Station Project, in the estimated amount
$2,640,000.00, are hereby approved.
Passed, adopted and approved this 20th day of March, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
8. Fiscal Year 2017 Second Budget Amendment: Proof of publication on notice of pub-
lic hearing to consider approval of the Fiscal Year 2017 Second Budget Amendment.
Motion by Connors to receive and file the documents and adopt Resolution No. 106-17
13
Amending the current budget for the Fiscal Year Ending June 30, 2017 as amended last
on September 19, 2016. Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 106-17
A RESOLUTION AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR END-
ING JUNE 30, 2017 (AS AMENDED LAST ON 09/19/2016.)
Be it Resolved by the Council of the City of Dubuque
Section 1. Following notice published 03/09/2017 and the public hearing held,
03/20/2017 the current budget (as previously amended) is amended as set out herein
and in the detail by fund type and activity that supports this resolution which was consid-
ered at that hearing:
14
Total Budget
as certified
or last
amended
Current
Amend-
ment
Total Budget
after Current
Amendment
Revenues & Other Financing Sources
25,555,634
0
25,555,634
Taxes Levied on Property 1
Less: Uncollected Property Taxes -Levy Year 2
0
0
0
Net Current Property Taxes 3
25,555,634
0
25,555,634
Delinquent Property Taxes 4
0
0
0
TIF Revenues 5
11,112,649
0
11,112,649
Other City Taxes 6 1
18,106,679
-372,860
17,733,819
Licenses & Permits 7
1,505,981
26,000
1,531,981
Use of Money and Property 8
12,893,350
84,998
12,978,348
Intergovernmental 9
74,639,823
1,718,607
76,358,430
Charges for Services 10
59,503,949
-99,762
59,404,187
Special Assessments 11
0
0
0
Miscellaneous 12
2,196,637
82,303
2,278,940
Other Financing Sources 13
18,882,272
20,497,950
39,380,222
Transfers In 14
31,375,889
505,021
31,880,910
Total Revenues and Other Sources 15
255,772,863
22,442,257
278,215,120
Expenditures & Other Financing Uses
29,733,055
-180,606
29,552,449
Public Safety 16
Public Works _ 17
14,435,265
-36,038
14,399,227
Health and Social Services _ 18
1,046,148
-56,640
989,508
Culture and Recreation _ 19
12,585,861
-59,283
12,526,578
Community and Economic Development 20
14,326,749
32,828
14,359,577
General Government 21
9,508,806
-25,822
9,482,984
Debt Service 22
10, 088, 563
11, 699, 375
21, 787, 938
Capital Projects 23
79,773,622
931,937
80,705,559
Total Government Activities Expenditures 24
171,498,069
12,305,751
183,803,820
Business Type / Enterprises 25
91,506,763
8,575,218
100,081,981
Total Gov Activities & Business Expendi-
tures
26
263,004,832
20,880,969
283,885,801
Transfers Out 27
31,375,889
505,021
31,880,910
Total Expenditures/Transfers Out 28
294, 380, 721
21, 385, 990
315, 766, 711
Excess Revenues & Other Sources Over
(Under) Expenditures/Transfers Out Fiscal Year 29
-38,607,858
1,056,267
-37,551,591
Beginning Fund Balance July 1 30
75,864,384
0
75,864,384
Ending Fund Balance June 30 31
37,256,526
1,056,267
38,312,793
14
Passed this 20th day of March 2017
Attest: Kevin S. Firnstahl, City Clerk
PUBLIC INPUT
Roy D. Buol, Mayor
Paul Uzell, 61 N. Algona Street, requested that the City Council consider proclaiming
Dubuque a Welcoming Community, referenced Dubuque's diversity and growth and the
upcoming Taste of the World event at the Multicultural Family Center.
ACTION ITEMS
1. Derby Grange Road Housing Urban Renewal Plan — Ordinance: City Manager rec-
ommending review and approval of an ordinance creating a tax increment financing dis-
trict for Derby Grange Road Housing Urban Renewal Area. Motion by Jones to receive
and file the documents and table the proposed ordinance until the April 3, 2017 meeting.
Seconded by Connors. Motion carried 7-0.
2. South Pointe Housing Urban Renewal Area — Ordinance: City Manager recommend-
ing review and approval of an ordinance creating a tax increment financing district for the
South Pointe Housing Urban Renewal Area. Motion by Jones to receive and file the doc-
uments 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. 11-17 Providing
that general property taxes levied and collected each year on all property located within
the South Pointe Housing Urban Renewal Area, in the City of Dubuque, County of Dubu-
que, State of Iowa, by and for the benefit of the State of Iowa, City of Dubuque, County
of Dubuque, Dubuque Community School District and other Taxing Districts, be paid to a
special fund for payment of principal and interest on loans, monies advanced to and in-
debtedness, including bonds issued or to be issued, incurred by said City in connection
with said South Pointe Housing Urban Renewal Area. Seconded by Resnick. Motion car-
ried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 11-17
AN ORDINANCE PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND
COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE SOUTH
POINTE HOUSING URBAN RENEWAL AREA, IN THE CITY OF DUBUQUE, COUNTY
OF DUBUQUE, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF
IOWA, CITY OF DUBUQUE, COUNTY OF DUBUQUE, DUBUQUE COMMUNITY
SCHOOL DISTRICT AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL
FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS, MONIES AD-
VANCED TO AND INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE IS-
SUED, INCURRED BY SAID CITY IN CONNECTION WITH SAID SOUTH POINTE
HOUSING URBAN RENEWAL AREA
15
Whereas, the City Council of the City of Dubuque, Iowa, after public notice and hearing
as prescribed by law and pursuant to Resolution No. 101-17 passed and approved on the
20th day of March, 2017, adopted an Urban Renewal Plan (the "Urban Renewal Plan")
for an urban renewal area known as the South Pointe Housing Urban Renewal Area (the
"Urban Renewal Area"); and
Whereas, expenditures and indebtedness are anticipated to be incurred by the City of
Dubuque, Iowa in the future to finance urban renewal project activities carried out in fur-
therance of the objectives of the Urban Renewal Plan and the future needs for redevel-
opment within the Urban Renewal Area are such as to require the application of the in-
cremental tax resources of the Urban Renewal Area; and
Whereas, the City Council of the City of Dubuque, Iowa desires to provide for the divi-
sion of revenue from taxation in the Urban Renewal Area, as above described, in accord-
ance with the provisions of Section 403.19 of the Code of Iowa, as amended, and the
Urban Renewal Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. For purposes of this Ordinance, the following terms have the following
meanings:
(a) Urban Renewal Project Area shall include that area described as follows:
Lot 1 of Tower Investments Subdivision No. 1, City of Dubuque; and
Lot 1 of Lot 1 of Lot 2 of Tower Investments Subdivision No. 1, City of Dubuque; and
Lot 2 of Table Mound Mobile Home Park, City of Dubuque; and
Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot 2 of Mineral Lot 483, City
of Dubuque; and
Lot 1 of Mary Lou Place, City of Dubuque; and
Lot 1 of McNamer Acres No. 1; and
Lot 1 of McNamer Acres No. 3; and
Lot 2 of McNamer Acres No. 3; and
All that part of the Rockdale Road Right of Way lying South of the Westerly extension
of the North line of Lot 1 of Mary Lou Place and lying North of the Southern terminus of
the Rockdale Road Right of Way; and
All that part of the Key West Drive Right of Way and the Us Highway 61 Right of Way
lying South of the Easterly and Westerly extension of the South line of Lot 2-1-1-1-3 of
Annie Waller Subdivision #2 and lying North of the Easterly and Westerly extension of
that part of Lot 1 of Mineral Lot 479 lying West of U.S. Highway 61, and
All of the Manson Road Right of Way, in the City of Dubuque, Iowa; and
Lot 1-2-1-1-1-1-1-1-2-1-4 of Mineral Lot 501; and
All that part of the Kelly Lane Right of Way Lying North and West of the West line of
Lot 4 of Old Mill Subdivision and its Northerly extension; and
Lot 1-2, 1-2-1, 1-3-1, 2-1-1, 2-2-3-1, 2-2-2, 2-2-2-1 All in Mineral Lot 514; and
Lot 10 Peg-O-Mesa Subdivision; and
All that part of the Fremont Avenue Right of Way lying West and South of the South
line of Lot 14 in Block 1 of Birch Acres and its Northwesterly extension; and
All that part of the Cedar Cross Road Right of Way lying South of the Chicago Central
and Pacific Railroad Company property in Section 27, T89N, R2E of the 5th P.M.; and
16
All that part of the Chicago Central and Pacific Railroad Company property in Section
27, T89N, R2E of the 5th P.M. lying East of the Westerly line of Lot 1 of Part of Lot 1-1 of
Mineral Lot 233 and its Northerly extension and lying West of the Westerly line of Lot 2-2
of Mineral Lot 211A and its Northerly extension; and
All that part of the Cedar Cross Road Right of Way lying South of the Southern Right
of Way line of U.S. Highway 20 (Dodge Street) and lying North of the Chicago Central
and Pacific Railroad Company property in Section 27, T89N, R2E of the 5th P.M.; and
All that part of the U.S. Highway 20 (Dodge Street) Right of Way lying West of a line
connecting the Northwest corner of Lot 2-1-1-1 of Bartels Center Grove Place and the
Southeast corner of Lot 1 of Hardee's First Addition and lying West of the Chicago Central
and Pacific Railroad Company property in Section 28, T89N, R2E of the 5th P.M.; and
All that part of the Chicago Central and Pacific Railroad Company property in Section
28, T89N, R2E of the 5th P.M. lying East of the Easterly line of Lot 2 of West End Com-
mercial Subdivision #2 and its Southerly extension and lying West of the Westerly line of
Lot 1 of Clin-Que Inc Addition No. 2 and its Southerly extension; and
All that part of the U.S. Highway 20 (Dodge Street) Right of Way lying South and West
of the Chicago Central and Pacific Railroad Company property in Section 28, T89N, R2E
of the 5th P.M. and North and East of the Northerly extension of West Lot line of Lot 6 of
Key City Subdivision; and
Lot 6 of Key City Subdivision, Dubuque County Iowa; and
All that part of West Key Drive Right of Way adjacent to Lot 6 of Key City Subdivision;
and
All that part of Royal Wood Drive Right of Way lying South of the Southerly Right of
Way line of West Key Drive and North of the Northerly Right of Way line of North Cascade
Road; and
Lot 1 of Lot 1 of the Southeast Quarter of the Northwest Quarter of Section 13, T88N,
R1 E of the 5th P.M.; and
All that part of the English Mill Road Right of Way lying South of the Northerly line of
the South 10 Acres of Lot 1 of the Southeast Quarter of the Northwest Quarter of Section
5, T88N, R2E and its Easterly extension and lying North of the Northerly Right of Way
line of North Cascade Road; and
All that part of the Northwesterly Half of the North Cascade Road Right of Way lying
South and West of the East line of Lot 1 of Dieters Place and its Northerly extension and
lying North and East of the West line of Lot 1-1 of Elizabeth Watter's Place and its Nor-
therly extension; and
All that part of the North Cascade Road Right of Way lying South and West of the West
line of Lot 1-1 of Elizabeth Watter's Place and its Northerly extension and lying North and
East of the East line of Lot 1-1 of Dane Place and its Southerly extension; and
All that part of the Southeasterly Half of the North Cascade Road Right of Way lying
South and West of the East line of Lot 1-1 of Dane Place and its Southerly extension and
lying North and East of the Easterly Right of Way line of U.S. Highway 20.
(b) Urban Renewal Plan shall mean the Urban Renewal Plan for the South Pointe
Housing Urban Renewal Area, approved by Resolution No. 101-17 on March 20,
2017, as the same may be amended from time to time.
Section 2. That the taxes levied on the taxable property in the Urban Renewal Area,
legally described in Section 1 hereof, by and for the benefit of the State of Iowa, City of
17
Dubuque, County of Dubuque, Dubuque Community School District, and all other taxing
districts from and after the effective date of this Ordinance shall be divided as hereinafter
in this Ordinance provided.
Section 3. That portion of the taxes which would be produced by the rate at which the
tax is levied each year by or for each of the taxing districts upon the total sum of the
assessed value of the taxable property in the Urban Renewal Area, as shown on the
assessment roll as of January 1, 2016, being January 1 of the calendar year preceding
the first calendar year in which the City of Dubuque is expected to certify to the County
Auditor the amount of loans, advances, indebtedness, or bonds payable from the division
of property tax revenue described herein, shall be allocated to and when collected be paid
into the fund for the respective taxing district as taxes by or for the taxing district into
which all other property taxes are paid. The taxes so determined shall be referred to
herein as the "base period taxes" for such Urban Renewal Area.
Section 4. That portion of the taxes each year in excess of the base period taxes de-
termined for the Urban Renewal Area as provided in Section 3 of this Ordinance shall be
allocated to and when collected be paid into a special tax increment fund of the City of
Dubuque, Iowa hereby established, to pay the principal of and interest on loans, monies
advanced to, indebtedness, whether funded, refunded, assumed or otherwise, including
bonds or obligations issued under the authority of Section 403.9 or 403.12 of the Code of
Iowa, as amended, incurred by the City of Dubuque, Iowa, to finance or refinance, in
whole or in part, urban renewal projects undertaken within the Urban Renewal Area pur-
suant to the Urban Renewal Plan, except that (i) taxes for the regular and voter-approved
physical plant and equipment levy of a school district imposed pursuant to Iowa Code
Section 298.2 and taxes for the instructional support program of a school district imposed
pursuant to Iowa Code Section 257.19 (but in each case only to the extent required under
Iowa Code Section 403.19(2)); (ii) taxes for the payment of bonds and interest of each
taxing district; (iii) taxes imposed under Iowa Code Section 346.27(22) related to joint
county-city buildings; and (iv) any other exceptions described in Section 403.19 shall be
collected against all taxable property within the Urban Renewal Project Area without any
limitation as hereinabove provided.
Section 5. Unless or until the total assessed valuation of the taxable property in the
Urban Renewal Area exceeds the total assessed value of the taxable property in the
Urban Renewal Project Area as shown by the assessment roll referred to in Section 3 of
this Ordinance, all of the taxes levied and collected upon the taxable property in the Urban
Renewal Area shall be paid into the funds for the respective taxing districts as taxes by
or for said taxing districts in the same manner as all other property taxes.
Section 6. At such time as the loans, advances, indebtedness, bonds and interest
thereon of the City of Dubuque, Iowa referred to in Section 4 hereof have been paid, all
monies thereafter received from taxes upon the taxable property in the Urban Renewal
Area shall be paid into the funds for the respective taxing districts in the same manner as
taxes on all other property.
Section 7. All ordinances or parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed. The provisions of this Ordinance are intended and shall
be construed so as to fully implement the division of taxes from taxable property in the
Urban Renewal Area under the provisions of Section 403.19 of the Code of Iowa. In the
event that any provision of this Ordinance shall be determined to be contrary to law it shall
18
not affect other provisions or application of this Ordinance which shall at all times be
construed to fully invoke the provisions of Section 403.19 of the Code of Iowa with refer-
ence to the Urban Renewal Area and the territory contained therein.
Section 8. This Ordinance shall be in effect after its final passage, approval and publi-
cation as provided by law.
Passed and approved this 201h day of March, 2017.
/s/Roy D. Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 24th day of March, 2017.
/s/Kevin S. Firnstahl, City Clerk
Read first time: March 20, 2017
Passed and approved: March 20, 2017
Published: March 24, 2017
Corrected Ordinance 11-17-A Published April 21, 2017
3. Series 2017ABC General Obligation Bond Sale: City Manager recommending ap-
proval of the suggested proceedings for directing sale of the $8,830,000 General Obliga-
tion Bonds, Series 2017A, $10,105,000 General Obligation Urban Renewal Refunding
Bonds, Series 2017B and $2,155,000 Taxable General Obligation Urban Renewal Re-
funding Bonds, Series 2017C. The Bond Sale was scheduled for March 20. Results were
presented at the meeting. Motion by Lynch to receive and file the documents and adopt
Resolution No. 107-17 Directing the Sale of $8,495,000 General Obligation Bonds, Series
2017A; Resolution No. 108-17 Directing the sale of $9,745,000 General Obligation Urban
Renewal Refunding Bonds, Series 2017B; Resolution No. 109-17 Directing the Sale of
$2,120,000 Taxable General Obligation Urban Renewal Refunding Bonds, Series 2017C;
Resolution No. 110-17 Authorizing the redemption of outstanding General Obligation
Bonds, Series 2009A (Taxable Build America Bonds), of the City of Dubuque, state Of
Iowa, dated November 10, 2009, and directing notice be given; Resolution No. 111-17
Authorizing the redemption of outstanding General Obligation Urban Renewal Bonds, Se-
ries 2009B (Taxable Build America Bonds), of the City of Dubuque, State of Iowa, dated
November 10, 2009, and directing notice be given; Resolution No. 112-17 Authorizing the
redemption of outstanding General Obligation Refunding Bonds, Series 2009C, of the
City of Dubuque, State of Iowa, dated November 10, 2009, and directing notice be given;
Resolution No. 113-17 Authorizing the redemption of outstanding General Obligation
Bonds, Series 2010A, of the City of Dubuque, State of Iowa, dated August 30, 2010, and
directing notice be given; Resolution No. 114-17 Authorizing the redemption of outstand-
ing Taxable General Obligation Urban Renewal Bonds, Series 2010B, of the City of Dubu-
que, State of Iowa, dated August 30, 2010, and directing notice be given; Resolution No.
115-17 Authorizing the redemption of outstanding General Obligation Urban Renewal
Bonds, Series 2010C, of the City of Dubuque, State of Iowa, dated August 30, 2010, and
directing notice be given. Seconded by Resnick. Tionna Pooler, President of Independent
Public Advisors of Des Moines, reviewed the results of the bond sale with the City Council.
Motion carried 7-0.
19
RESOLUTION NO. 107-17
RESOLUTION DIRECTING SALE OF $8,495,000 GENERAL OBLIGATION BONDS,
SERIES 2017A
Whereas, bids have been received for the Bonds described as follows and the best bid
received (with permitted adjustments, if any) is determined to be the following:
$8,495,000 GENERAL OBLIGATION BONDS, SERIES 2017A
Bidder: Fifth Third Securities of Cincinnati, OH
The terms of award:
Final Par Amount as adjusted: $8,495,000
Purchase Price as adjusted: $ 8,737,035.01
True Interest Rate: 2.389290 %
Net Interest Cost: $1,132,881.17
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, STATE OF IOWA:
Section 1. That the bid for the Bonds as above set out is hereby determined to be the
best and most favorable bid received and, the Bonds are hereby awarded as described
above.
Section 2. That the statement of information for Bond bidders and the form of contract
for the sale of the Bonds are hereby approved and the Mayor and Clerk are authorized to
execute the same on behalf of the City.
Section 3. That the notice of the sale of the Bonds heretofore given and all acts of the
Clerk and Finance Director done in furtherance of the sale of the Bonds are hereby ratified
and approved.
Passed and approved this 20th day of March, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 108-17
RESOLUTION DIRECTING SALE OF $9,745,000 GENERAL OBLIGATION URBAN
RENEWAL REFUNDING BONDS, SERIES 2017B
Whereas, bids have been received for the Bonds described as follows and the best bid
received (with permitted adjustments, if any) is determined to be the following:
$9,745,000 GENERAL OBLIGATION URBAN RENEWAL REFUNDING BONDS, SE-
RIES 2017B
Bidder: Piper Jaffray of Minneapolis, MN
The terms of award:
Final Par Amount as adjusted: $9,745,000
Purchase Price as adjusted: $ 10,003,326.48
True Interest Rate: 2.572567 %
Net Interest Cost: $1,867,106.77
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, STATE OF IOWA:
Section 1. That the bid for the Bonds as above set out is hereby determined to be the
best and most favorable bid received and, the Bonds are hereby awarded as described
above.
20
Section 2. That the statement of information for Bond bidders and the form of contract
for the sale of the Bonds are hereby approved and the Mayor and Clerk are authorized to
execute the same on behalf of the City.
Section 3. That the notice of the sale of the Bonds heretofore given and all acts of the
Clerk and Finance Director done in furtherance of the sale of the Bonds are hereby ratified
and approved.
Passed and approved this 201h day of March, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 109-17
RESOLUTION DIRECTING SALE OF $2,120,000 TAXABLE GENERAL OBLIGATION
URBAN RENEWAL REFUNDING BONDS, SERIES 2017C
Whereas, bids have been received for the Bonds described as follows and the best bid
received (with permitted adjustments, if any) is determined to be the following:
$2,120,000 TAXABLE GENERAL OBLIGATION URBAN RENEWAL REFUNDING
BONDS, SERIES 2017C
Bidder: Robert W. Baird of Milwaukee, WI
The terms of award:
Final Par Amount as adjusted: $2,120,000
Purchase Price as adjusted: $2,131,885.56
True Interest Rate: 3.104732%
Net Interest Cost: $527,831.22.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, STATE OF IOWA:
Section 1. That the bid for the Bonds as above set out is hereby determined to be the
best and most favorable bid received and, the Bonds are hereby awarded as described
above.
Section 2. That the statement of information for Bond bidders and the form of contract
for the sale of the Bonds are hereby approved and the Mayor and Clerk are authorized to
execute the same on behalf of the City.
Section 3. That the notice of the sale of the Bonds heretofore given and all acts of the
Clerk and Finance Director done in furtherance of the sale of the Bonds are hereby ratified
and approved.
Passed and approved this 20th day of March, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 110-17
RESOLUTION AUTHORIZING THE REDEMPTION OF OUTSTANDING GENERAL
OBLIGATION BONDS, SERIES 2009A (TAXABLE BUILD AMERICA BONDS), OF
THE CITY OF DUBUQUE, STATE OF IOWA, DATED NOVEMBER 10, 2009, AND DI-
RECTING NOTICE BE GIVEN
Whereas, the City did by resolution dated October 19, 2009, authorize the issuance of
$2,935,000 General Obligation Bonds, Series 2009A (Taxable Build America Bonds) (the
"Bonds") dated November 10, 2009; and
21
Whereas, the Bonds are redeemable in any order of their numbering on June 1, 2017
or any date thereafter upon giving notice in the manner provided in the resolution author-
izing the issuance of the Bonds; and
Whereas, it is deemed necessary and advisable that $2,025,000 be so redeemed on
June 1, 2017 and notice of redemption be given according to the terms of the resolution
authorizing issuance of the Bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, STATE OF IOWA:
Section 1. That outstanding General Obligation Bonds, Series 2009A (Taxable Build
America Bonds), dated November 10, 2009, in the principal amount of $2,025,000, be
and the same are hereby redeemed as of June 1, 2017.
Section 2. The Registrar and Paying Agent, Wells Fargo Bank, National Association,
Minneapolis, Minnesota, is hereby authorized and directed to cause notice of such re-
demption be given not less than thirty (30) days prior to the redemption date and to cause
notice of redemption to be mailed to the registered owners of the Bonds by first class
mail, and to notify DTC.
Section 3. The Finance Director is hereby authorized and directed to cause to be de-
posited in a separate fund sum sufficient to pay all principal and interest on the redeemed
Bonds to the date of redemption and to notify the City's dissemination agent to post the
Notice of Redemption to the MSRB's website (EMMA) in searchable PDF format for the
refunded Bonds in accordance with the Continuing Disclosure Certificate for the Bonds.
Section 4. That the form of such notice be substantially as [provided]:
Passed and approved this 20th day of March, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 111-17
RESOLUTION AUTHORIZING THE REDEMPTION OF OUTSTANDING GENERAL
OBLIGATION URBAN RENEWAL BONDS, SERIES 2009B (TAXABLE BUILD AMER-
ICA BONDS), OF THE CITY OF DUBUQUE, STATE OF IOWA, DATED NOVEMBER
10, 2009, AND DIRECTING NOTICE BE GIVEN
Whereas, the City did by resolution dated October 19, 2009, authorize the issuance of
$11,175,000 General Obligation Urban Renewal Bonds, Series 2009B (Taxable Build
America Bonds), (the "Bonds") dated November 10, 2009; and
Whereas, the Bonds are redeemable in any order of their numbering on June 1, 2017
or any date thereafter upon giving notice in the manner provided in the resolution author-
izing the issuance of the Bonds; and
Whereas, it is deemed necessary and advisable that $7,830,000 be so redeemed on
June 1, 2017, and notice of redemption be given according to the terms of the resolution
authorizing issuance of the Bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, STATE OF IOWA:
Section 1. That outstanding General Obligation Urban Renewal Bonds, Series 2009B
(Taxable Build America Bonds), dated November 10, 2009, in the principal amount of
$7,830,000, be and the same are hereby redeemed as of June 1, 2017.
22
Section 2. The Registrar and Paying Agent, Wells Fargo, National Association, is
hereby authorized and directed to cause notice of such redemption be given not less than
thirty (30) days prior to the redemption date and to cause notice of redemption to be
mailed to the registered owners of the Bonds by first class mail, and to notify DTC.
Section 3. The Finance Director is hereby authorized and directed to cause to be de-
posited in a separate fund sum sufficient to pay all principal and interest on the redeemed
Bonds to the date of redemption and to notify the City's dissemination agent to post the
Notice of Redemption to the MSRB's website (EMMA) in searchable PDF format for the
refunded Bonds in accordance with the Continuing Disclosure Certificate for the Bonds.
Section 4. That the form of such notice be substantially as [provided]:
Passed and approved this 20th day of March, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 112-17
RESOLUTION AUTHORIZING THE REDEMPTION OF OUTSTANDING GENERAL
OBLIGATION REFUNDING BONDS, SERIES 2009C, OF THE CITY OF DUBUQUE,
STATE OF IOWA, DATED NOVEMBER 10, 2009, AND DIRECTING NOTICE BE
GIVEN
Whereas, the City did by resolution dated October 19, 2009, authorize the issuance of
$8,885,000 General Obligation Refunding Bonds, Series 2009C, (the "Bonds") dated No-
vember 10, 2009; and
Whereas, the Bonds are redeemable in any order of their numbering on June 1, 2017
or any date thereafter upon giving notice in the manner provided in the resolution author-
izing the issuance of the Bonds; and
Whereas, it is deemed necessary and advisable that $3,325,000 be so redeemed on
June 1, 2017 and notice of redemption be given according to the terms of the resolution
authorizing issuance of the Bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, STATE OF IOWA:
Section 1. That outstanding General Obligation Refunding Bonds, dated November 10,
2009, in the principal amount of $3,325,000, be and the same are hereby redeemed as
of June 1, 2017.
Section 2. The Registrar and Paying Agent, Wells Fargo Bank, National Association,
is hereby authorized and directed to cause notice of such redemption be given not less
than thirty (30) days prior to the redemption date and to cause notice of redemption to be
mailed to the registered owners of the Bonds by first class mail, and to notify DTC.
Section 3. The Finance Director is hereby authorized and directed to cause to be de-
posited in a separate fund sum sufficient to pay all principal and interest on the redeemed
Bonds to the date of redemption and to notify the City's dissemination agent to post the
Notice of Redemption to the MSRB's website (EMMA) in searchable PDF format for the
refunded Bonds in accordance with the Continuing Disclosure Certificate for the Bonds.
Section 4. That the form of such notice be substantially as [provided]:
Passed and approved this 20th day of March, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
23
RESOLUTION NO. 113-17
RESOLUTION AUTHORIZING THE REDEMPTION OF OUTSTANDING GENERAL
OBLIGATION BONDS, SERIES 2010A, OF THE CITY OF DUBUQUE, STATE OF
IOWA, DATED AUGUST 30, 2010, AND DIRECTING NOTICE BE GIVEN
Whereas, the City did by resolution dated August 16, 2010, authorize the issuance of
$4,470,000 General Obligation Bonds, Series 2010A, (the "Bonds") dated August 30,
2010; and
Whereas, the Bonds are redeemable in any order of their numbering on June 1, 2017
or any date thereafter upon giving notice in the manner provided in the resolution author-
izing the issuance of the Bonds; and
Whereas, it is deemed necessary and advisable that $3,100,000 be so redeemed on
June 1, 2017, and notice of redemption be given according to the terms of the resolution
authorizing issuance of the Bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, STATE OF IOWA:
Section 1. That outstanding General Obligation Bonds, dated August 30, 2010, in the
principal amount of $3,100,000, be and the same are hereby redeemed as of June 1,
2017.
Section 2. The Registrar and Paying Agent, Wells Fargo Bank, National Association,
is hereby authorized and directed to cause notice of such redemption be given not less
than thirty (30) days prior to the redemption date and to cause notice of redemption to be
mailed to the registered owners of the Bonds by first class mail, and to notify DTC.
Section 3. The Finance Director is hereby authorized and directed to cause to be de-
posited in a separate fund sum sufficient to pay all principal and interest on the redeemed
Bonds to the date of redemption and to notify the City's dissemination agent to post the
Notice of Redemption to the MSRB's website (EMMA) in searchable PDF format for the
refunded Bonds in accordance with the Continuing Disclosure Certificate for the Bonds.
Section 4. That the form of such notice be substantially as [provided]:
Passed and approved this 20th day of March, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 114-17
RESOLUTION AUTHORIZING THE REDEMPTION OF OUTSTANDING TAXABLE
GENERAL OBLIGATION URBAN RENEWAL BONDS, SERIES 2010B, OF THE CITY
OF DUBUQUE, STATE OF IOWA, DATED AUGUST 30, 2010, AND DIRECTING NO-
TICE BE GIVEN
Whereas, the City did by resolution dated August 16, 2010, authorize the issuance of
$2,675,000 Taxable General Obligation Urban Renewal Bonds, Series 2010B, (the
"Bonds") dated August 30, 2010; and
Whereas, the Bonds are redeemable in any order of their numbering on June 1, 2017
or any date thereafter upon giving notice in the manner provided in the resolution author-
izing the issuance of the Bonds; and
24
Whereas, it is deemed necessary and advisable that $2,100,000 be so redeemed on
June 1, 2017, and notice of redemption be given according to the terms of the resolution
authorizing issuance of the Bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, STATE OF IOWA:
Section 1. That outstanding Taxable General Obligation Urban Renewal Bonds, dated
August 30, 2010, in the principal amount of $2,100,000, be and the same are hereby
redeemed as of June 1, 2017.
Section 2. The Registrar and Paying Agent, Wells Fargo Bank, National Association,
is hereby authorized and directed to cause notice of such redemption be given not less
than thirty (30) days prior to the redemption date and to cause notice of redemption to be
mailed to the registered owners of the Bonds by first class mail, and to notify DTC.
Section 3. The Finance Director is hereby authorized and directed to cause to be de-
posited in a separate fund sum sufficient to pay all principal and interest on the redeemed
Bonds to the date of redemption and to notify the City's dissemination agent to post the
Notice of Redemption to the MSRB's website (EMMA) in searchable PDF format for the
refunded Bonds in accordance with the Continuing Disclosure Certificate for the Bonds.
Section 4. That the form of such notice be substantially as [provided]:
Passed and approved this 20th day of March, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 115-17
RESOLUTION AUTHORIZING THE REDEMPTION OF OUTSTANDING GENERAL
OBLIGATION URBAN RENEWAL BONDS, SERIES 2010C, OF THE CITY OF DUBU-
QUE, STATE OF IOWA, DATED AUGUST 30, 2010, AND DIRECTING NOTICE BE
GIVEN
Whereas, the City did by resolution dated August 16, 2010, authorize the issuance of
$2,825,000 General Obligation Urban Renewal Bonds, Series 2010C, (the "Bonds")
dated August 30, 2010; and
Whereas, the Bonds are redeemable in any order of their numbering on June 1, 2017
or any date thereafter upon giving notice in the manner provided in the resolution author-
izing the issuance of the Bonds; and
Whereas, it is deemed necessary and advisable that $2,115,000 be so redeemed on
June 1, 2017, and notice of redemption be given according to the terms of the resolution
authorizing issuance of the Bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, STATE OF IOWA:
Section 1. That outstanding General Obligation Urban Renewal Bonds, dated August
30, 2010, in the principal amount of $2,115,000, be and the same are hereby redeemed
as of June 1, 2017.
Section 2. The Registrar and Paying Agent, Wells Fargo Bank, National Association,
is hereby authorized and directed to cause notice of such redemption be given not less
than thirty (30) days prior to the redemption date and to cause notice of redemption to be
mailed to the registered owners of the Bonds by first class mail, and to notify DTC.
25
Section 3. The Finance Director is hereby authorized and directed to cause to be de-
posited in a separate fund sum sufficient to pay all principal and interest on the redeemed
Bonds to the date of redemption and to notify the City's dissemination agent to post the
Notice of Redemption to the MSRB's website (EMMA) in searchable PDF format for the
refunded Bonds in accordance with the Continuing Disclosure Certificate for the Bonds.
Section 4. That the form of such notice be substantially as [provided]:
Passed and approved this 20th day of March, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
4. Upper Bee Branch Creek Light -Pole Banners, Interpretive Signs, and Fiber Utility
Cabinets: City Manager recommending approval of the Upper Bee Branch Creek Light -
Pole Banners, Interpretive Signs and Fiber Utility Cabinets. Motion by Connors to receive
and file the documents, approve the recommendation and hear the presentation. Se-
conded by Rios. Bee Branch Project Coordinator Kristin Hill provided a slide presentation.
Highlights included recommended light pole banners design and installation; Interpretive
signage recommended designs and content; fiber utility cabinets vinyl wrap design and
locations; and budget impact. Motion carried 7-0.
5. Request for Work Session on EPA Brownfields Grant: City Manager recommending
that the City Council schedule a work session for June 12, 2017 at 6:00 p.m. to review
the EPA Brownfields Grant. Motion by Jones to receive and file the documents and set
the work session as recommended. Seconded by Rios. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Council Member Connors reported on inviting Loras College international students to
a future Council meeting.
CLOSED SESSION
Motion by Jones to convene in closed session at 8:40 p.m. to discuss pending litigation
and real estate transfer negotiations pursuant to Chapter 21.5(1)(c), -(j) Code of Iowa.
Seconded by Connors. Mayor Buol stated for the record that the attorney who will consult
with City Council on the issues to be discussed in the closed session is City Attorney
Crenna Brumwell. Motion carried 7-0.
The City Council reconvened in open session at 9:06 p.m. stating that staff had been
given proper direction.
There being no further business, upon motion the City Council adjourned at 9:07 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
26