6 19 17 City Council Proceedings Official_ Regular CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:00 p.m. on June 19, 2017 in the
Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Connors, Jones, Lynch, Resnick, Rios; City
Manager Van Milligen, City Attorney Brumwell
Absent: Council Member Del Toro
Mayor Buol read the call and stated this is a regular session of the City Council called
for the purpose of conducting such business that may properly come before the City
Council.
PLEDGE OF ALLEGIANCE
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose
of as indicated. Seconded by Connors. Motion carried 6-0.
1 . Minutes and Reports Submitted: City Council Proceedings of 6/5, 6/12; Civil Service
Commission of 5/30; Library Board of Trustees Report#161 of 5/25; Park and Recreation
Commission of 5/9; Zoning Advisory Commission of 6/7; Zoning Board of Adjustment of
5/25; Proof of publication for City Council Proceedings of 5/15, 5/12. Upon motion the
documents were received and filed.
2. Notice of Claims and Suits: Anderson Windows for property damage, Herbert Cook
for vehicle damage, Ron Ludwig for vehicle damage, Judie Root for property damage,
James Schreiner for personal injury/vehicle damage, Skyler Lee Tracy for vehicle 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
referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As-
surance Pool: Anderson Windows for property damage, Herbert Cook for vehicle dam-
age, Ron Ludwig for vehicle damage, Judie Root for property damage, James Schreiner
for personal injury/vehicle damage, Skyler Lee Tracy for vehicle damage. Upon motion
the documents were received, filed and concurred.
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4. Administrative Services Agreement with SisCo: City Manager recommending ap-
proval of an Administrative Services Agreement with Self Insured Services Company
(SisCo) for COBRA Administration of the Medical and Dental Plans and Administration of
the Short-Term Disability Plan effective July 1 , 2017. Upon motion the documents were
received, filed and approved.
5. Civil Service Commission - Certified List: Civil Service Commission submitting the
Certified List for the position of Police Officer. Upon motion the documents were received,
filed and made a Matter of Record.
May 30, 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 Police Officer was administered on March 11 , 2017. We hereby certify that the individ-
uals 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 until April 30, 2018.
Police Officer
1 Clayton Degenhardt 12 Brandon Ohrnstein 23 Carter Meyer
2 41 Nicholas Soppe i 13Samuel Reiher 24 Nelson Torres Rodriguez
3 Clayton Penrod 14 '', Andrew Harwardt 25 '', Donovan Vance
4 Luke Dopke 115 William Yakes 26 Michael Novak
5 + Ross Dillavou + 16 } Kyle Hoppman 27 }Jonathan Sodawasser
6 1Calvin Harridgei 17 Avery Hubbard t 28 t Jerod Schultz
7 Kyzer Moore 18 Ra'Shan Blocker- 29 Benjamin Goerdt
± I- Nelson
8 1McKenzie Kubisiak 119 Drew Montz 30 Nathan Hiemstra
9 Tanner Williams 20 Adam Hancock 31 Anh John Nguyen
10 Jacob Delano +21Sara Kruger IL 11-
11
11 Adam Lange 22 Nicholas Dreska
Respectfully Submitted,
/s/Daniel White, Chairperson
Civil Service Commission
6. Workers' Compensation Excess Insurance Renewal for Fiscal Year 2018: City Man-
ager recommending approval of the workers' compensation excess insurance renewal
rate submitted by Safety National, our current carrier, effective July 1 , 2017 through June
30, 2018. Upon motion the documents were received, filed and approved.
7. Preferred Health Choices - Administrative Services Agreement Amendment VIII:
City Manager recommending approval of an amendment to the Administrative Services
Agreement with Preferred Health Choices to provide run-out administration services
through June 30, 2018. Upon motion the documents were received, filed and approved.
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8. Specific and Aggregate Stop Loss Insurance-Health and Prescription Drug Plans:
City Manager recommending approval of the selection of Wellmark, who submitted the
low quote, as the specific and aggregate stop loss carrier for the health and prescription
drug plans for Fiscal Year 2018. Upon motion the documents were received, filed and
approved.
9. Novelty Iron Works - 5th Amendment to Development Agreement: City Manager
recommending approval of the 5th Amendment to Development Agreement with Novelty
Iron Landlord, LLC which allows for payment of grants based upon valuation of the entire
property and which also reflects the change of name for Triumph Community Bank. Upon
motion the documents were received and filed and Resolution No. 212-17 Approving the
Fifth Amendment to the Development Agreement between the City of Dubuque, Iowa and
Novelty Iron Landlord, LLC was adopted.
RESOLUTION NO. 212-17
APPROVING THE FIFTH AMENDMENT TO THE DEVELOPMENT AGREEMENT BE-
TWEEN THE CITY OF DUBUQUE, IOWA AND NOVELTY IRON LANDLORD, LLC
Whereas the City of Dubuque, Iowa (City) and Warehouse Trust, LLC (Developer) en-
tered into a Development Agreement dated for reference purposes the 17th day of June,
2013 which Development Agreement was assigned to Novelty Iron Landlord LLC the 5th
day of August, 2013; and
Whereas, Developer, with the consent of City, assigned its rights in and under the
Development Agreement to The National Bank (Bank), which has changed its name to
Triumph Community Bank a division of TBK Bank, SSB; and
Whereas the agreement has been amended on four occasions as follows: the First
Amendment to Development Agreement, dated the 21st day of August, 2013, the Second
Amendment to Development Agreement, dated the 6th day of January, 2014, the Third
Amendment to Development Agreement, dated the 16th day of March, 2015, and the
Fourth Amendment to Development Agreement, dated the 21st day of December, 2015;
and
Whereas City and Developer now desire to amend the Development Agreement as set
forth in the Fifth Amendment to Development Agreement attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . The City Council hereby approves the Fifth Amendment to Development
Agreement.
Section 2. The Mayor is authorized and directed to sign the Fifth Amendment to De-
velopment Agreement on behalf of the City of Dubuque.
Passed, approved and adopted this 19th day of June, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
10. Dubuque County Flood Hazard Mapping Project - City of Dubuque: City Manager
transmitting correspondence to the Federal Emergency Management Agency (FEMA)
expressing the City's agreement with the modeling, methods and results of the Dubuque
County Flood Hazard Mapping Project and continued partnership during the refinement
3
of the new Flood Insurance Rate Map. Upon motion the documents were received and
filed.
11 . Highway 20 Conduit Project from Wacker Drive to Hill Street - Project Award: City
Manager recommending that the award for the Highway 20 Conduit -Wacker Drive to Hill
Street to Volkins, Inc. be officially recorded in the minutes of the City Council. Upon mo-
tion the documents were received, filed and made a Matter of Record.
12. Plat of Survey - D & E Rainbow Acres: Zoning Advisory Commission recommend-
ing approval of the Plat of Survey of D&E Rainbow Acres waiving the lot frontage require-
ment for Lot 1 . Upon motion the documents were received and filed and Resolution No.
213-17 Approving the Plat of Survey of D&E Rainbow Acres in the City of Dubuque, Iowa
was adopted.
RESOLUTION NO. 213-17
RESOLUTION APPROVING THE PLAT OF SURVEY OF D & E RAINBOW ACRES IN
THE CITY OF DUBUQUE, IOWA
Whereas, there has been filed with the City Clerk a Plat of Survey of D & E Rainbow
Acres in the City of Dubuque, Iowa; and
Whereas, said Plat of Survey provides 0 feet and 37.6 feet of frontage for Lot 1 and
Lot 2 respectively on a public or approved private street, where 25 feet of street frontage
is required by Section 5-4.7 in accordance with Section 4-7C. of Title 16 of the City of
Dubuque Code of Ordinances; 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 statues and ordinances relating thereto.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . That Section 5-4.7 of Title 16 of the City of Dubuque Code of Ordinances,
Unified Development Code, is waived to allow 0 feet of frontage on a public street or an
approved private street for Lot 1 .
Section 2. That the Plat of Survey is hereby approved and the Mayor and City Clerk
are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa
upon said Plat of Survey.
Passed, approved and adopted this 19th day of June, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
13. Plat of Survey for City Property at Creek Wood Park: City Manager recommending
approval of a Plat of Survey for Lot 1-2 and 2-2 of Timber-Hyrst Place #2 in the City of
Dubuque per a Property Exchange Agreement with Jeff and Jill Reimer. Upon motion the
documents were received and filed and Resolution No. 214-17 Approving Plat of Survey
of Lot 1-2 and 2-2 of Timber-Hyrst Place #2 in the City of Dubuque, Iowa was adopted.
4
RESOLUTION NO. 214-17
RESOLUTION APPROVING PLAT OF SURVEY OF LOT 1-2 AND 2-2 OF TIMBER-
HYRST PLACE # 2 IN THE CITY OF DUBUQUE, IOWA
Whereas, there has been presented to the City Council of the City of Dubuque, Iowa,
a plat dated the 25th day of May, 2017, prepared by The City of Dubuque, re-platting Lot
2 of Timber-Hyrst Place # 2, to be hereinafter known as Lot 1 -2 and 2-2 of Timber-Hyrst
Place # 2 in the City of Dubuque, Iowa; and
Whereas, said plat conforms to the laws and statutes pertaining thereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . That the plat dated the 25th day of May, 2017, 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 19th day of June, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
14. Plat of Survey - Lot 176A - 17th Street: City Manager recommending approval of a
resolution approving the Plat of Survey of Lot 176A of East Dubuque Addition in the City
of Dubuque, Iowa. Upon motion the documents were received and filed and Resolution
No. 215-17 Approving Plat of proposed vacated right-of-way of 17th Street between Elm
Street and Pine Street, said right-of-way being a part of City Lot 176A of East Dubuque
Addition, in the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 215-17
RESOLUTION APPROVING PLAT OF PROPOSED VACATED RIGHT OF WAY OF
17TH STREET BETWEEN ELM STREET AND PINE STREET, SAID RIGHT OF WAY
BEING A PART OF CITY LOT 176A OF EAST DUBUQUE ADDITION, IN THE CITY OF
DUBUQUE, IOWA
Whereas, there has been presented to the City Council of the City of Dubuque, Iowa,
a plat dated June 13, 2017 prepared by IIW, PC, showing the vacated 17th Street between
Elm Street and Pine Street, and assigned lot number thereto, to be known as Lot 176A
of East Dubuque Addition, in the City of Dubuque, Iowa; and
Whereas, said plat conforms to the laws and statutes pertaining thereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . That the plat dated June 13, 2017 prepared by IIW, PC, 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.
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Section 2. The City hereby reserves a public utility easement over the entirety of Lot
176A as shown on the attached plat.
Section 3. The City hereby reserves an ingress/egress easement over the entirety of
Lot 176A as shown on the attached plat for the benefit of Lot 2 of Marde Place, in the City
of Dubuque, Iowa.
Section 4. That the City Clerk be and is hereby authorized and directed to file said plat
and certified copy of this resolution in the office of the Recorder in and for Dubuque
County, Iowa.
Passed, approved and adopted this 19th day of June, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
15. Consulting Engineering Services for Storm Sewer Improvements: City Manager
recommending approval to negotiate and enter into a contract for IIW, PC to provide en-
gineering services for the 17th Street/West Locust Street Storm Sewer Improvements Pro-
ject and the 22nd Street/Kaufmann Avenue Storm Sewer Improvement Project, both as-
sociated with the Community Development Block Grant Program Disaster Recovery -
National Disaster Resiliency funds for the Bee Branch Watershed Flood Mitigation Pro-
ject. Upon motion the documents were received, filed and approved.
16. Iowa Department of Transportation Traffic Safety Improvement Funding Agree-
ment - NW Arterial and Pennsylvania Avenue: City Manager recommending authorization
for the Mayor to execute a Funding Agreement with the Iowa Department of Transporta-
tion for a Traffic Safety Improvement Grant to assist with the construction of a proposed
right-turn lane on Pennsylvania Avenue at the Northwest Arterial intersection. Upon mo-
tion the documents were received and filed and Resolution No. 216-17 Approving a Fund-
ing Agreement (2017-TS-015) with the Iowa Department of Transportation for a Traffic
Safety Improvement Grant to assist with the construction of a proposed right-turn lane
improvement on Pennsylvania Avenue at the Northwest Arterial intersection was adopted.
RESOLUTION NO. 216-17
RESOLUTION APPROVING A FUNDING AGREEMENT (2017-TS-015) WITH THE
IOWA DEPARTMENT OF TRANSPORTATION FOR A TRAFFIC SAFETY IMPROVE-
MENT GRANT TO ASSIST WITH THE CONSTRUCTION OF A PROPOSED RIGHT
TURN LANE IMPROVEMENT ON PENNSYLVANIA AVENUE AT THE NORTHWEST
ARTERIAL INTERSECTION
Whereas, the Northwest Arterial and Pennsylvania Avenue intersection was identified
due to the number of crashes and that this intersection does not have a designated west-
bound right turn lane; and
Whereas, the City of Dubuque and the Iowa Department of Transportation have rec-
ommended that turn lane improvements to this intersection would be in the best interest
of the public due to safety and/or operational concerns, construction of a designated right
turn lane on Pennsylvania Avenue at the Northwest Arterial intersection; and
Whereas, the total cost for these improvements is estimated at $415,000.00. The Traf-
fic Safety Improvement Grant will fund $364,000.00 of this project, and the remaining
cost, $51 ,000 would be funding by City.
6
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 designated right turn lane on Penn-
sylvania Avenue at the Northwest Arterial intersection is hereby approved.
Section 2. That the Mayor be authorized and directed to execute two copies of said
Funding Agreement for the Traffic Safety Improvement Grant funding that will be used
within the City of Dubuque to assist with a designated right turn lane on Pennsylvania
Avenue at the Northwest Arterial intersection.
Passed, approved and adopted this 19th day of June, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
17. Advocacy for State Summit on Opioids: City Manager recommending approval for
the Mayor to execute a letter on behalf of the City of Dubuque supporting an Opioid Sum-
mit and state policy development. Upon motion the documents were received and filed.
18. State Flood Mitigation Project - Amendment to Funding Agreement: City Manager
recommending approval to seek an amendment to the State Flood Mitigation Board Fund-
ing Agreement for the Bee Branch Watershed Flood Mitigation Project. Upon motion the
documents were received, filed and approved.
19. Boarded-Up Properties Bi-Annual Report: City Manager transmitting an inventory
and review of boarded-up windows and doors for City Council review. Upon motion the
document was received and filed.
20. Improvement Contracts / Performance, Payment and Maintenance Bonds: EN-
CAP, Inc. for the Lower Bee Branch Creek Floating Island Project; Hawkeye Electric for
the Jackson Park Lighting Project; SELCO, Inc. for the 2017 Pavement Marking Project.
Upon motion the documents were received, filed and approved.
21 . Alcohol Compliance Civil Penalty for Alcohol License Holder - American Legion
Post #6: City Manager recommending approval of the Acknowledgment/Settlement
Agreement for an alcohol compliance violation for American Legion Post #6, 1306 Delhi
Street. Upon motion the documents were received, filed and approved.
22. Alcohol Compliance Civil Penalty for Alcohol License Holder- Red Robin America's
Gourmet Burgers & Spirits: City Manager recommending approval of the Acknowledg-
ment/Settlement Agreement for an alcohol compliance violation for Red Robin America's
Gourmet Burgers& Spirits, 2775 NW Arterial. Upon motion the documents were received,
filed and approved.
23. Alcohol Compliance Civil Penalty for Alcohol License Holder — Vinny Vanucci's
Little Italy: City Manager recommending approval of the Acknowledgment/Settlement
Agreement for an alcohol compliance violation for Vinny Vanucci's Little Italy, 164 Main
Street. Upon motion the documents were received, filed and approved.
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24. Alcohol and Tobacco License Applications: City Manager recommending approval
of annual liquor, beer, wine and tobacco license applications as submitted. Upon motion
the documents were received and filed and Resolution No. 217-17 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; and Resolution No. 218-17 Approving applications for
retail cigarette/tobacco sales/nicotine/vapor permits, as required by Iowa Code Chapter
453A.47A were adopted.
RESOLUTION NO. 217-17
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:
T
Renewals
First & Main 101 Main St. Class C Liquor (Outdoor) (Sun-
day)
+ + ,
American Legion Post #6 1306 Delhi St. Class C Liquor (Catering) (Out-
door) (Sunday)
Adobo's Mexican Grill 756 Main St. Class C Liquor (Catering) (Out-
door)
Applebee's Neighborhood 1395 Associates Dr. Class C Liquor (Sunday)
Grill and Bar
Diamond Jo Casino 301 Bell St. Class C Liquor, Class B Native
Wine (Outdoor) (Sunday)
Fischer Lanes 880 Locust St. Class C Liquor (Sunday)
Hy-Vee Club Room 2395 NW Arterial Special Class C Liquor (Sunday)
Jubeck New World Brew- 115 West 11th St. Class B Beer (Sunday)
ing LLC
+ + ,
Keywest Conoco 2150 Twin Valley Dr. Class E Liquor, Class B Native
Wine, Class C Beer (Sunday)
Kwik Stop C-Stores 2335 University Ave. Class E Liquor, Class B Native
Wine, Class C Beer (Sunday)
8
Mi Ranchito 1091 University Ave. Class C Liquor (Sunday)
Paul's Tavern ,1176 Locust St. Class C Liquor (Sunday)
New
T
The Sweet Spot 269 Main St. Special Class C Liquor (Outdoor)
+ (Sunday)
Jack's Lounge 11113 Main St. Class C Liquor (Sunday)
Passed, approved and adopted this 19th day of June, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 218-17
APPROVING APPLICATIONS FOR RETAIL CIGARETTE / TOBACCO SALES / NICO-
TINE / VAPOR PERMITS, AS REQUIRED BY IOWA CODE 453A.47A
Whereas, applications for Cigarette/Tobacco Sales have been submitted and filed with
the City Council for approval and the same have been examined and approved; and
Whereas, the premises to be occupied by such applicants were inspected and found
to comply with the Ordinances of the City and the applicants have filed the proper fees
and 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
following named applicants and locations for cigarette/tobacco sales permit.
Business Name Business Address
The Altered State 1533 Central Ave.
Big 10 Mart #10 1875 J. F. Kennedy Rd.
Big 10 Mart #13 2100 J. F. Kennedy Rd.
Kwik Stop #300 11215 East 16th St.
Kwik Stop #325 t 1210 East 16th St.
McCann's Service 690 West Locust St.
Vapor City Outlet 3330 Asbury Rd.
BP Fuel 1450 Loras Blvd.
Passed, approved and adopted this 19th day of June, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
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.
Seconded by Connors. Motion carried 6-0.
1 . Intent to Dispose of City Property / Exchange Agreement - Creek Wood Park: City
Manager recommending that the City Council set a public hearing for July 5, 2017, on the
disposal of City property at and next to Creek Wood Park. Upon motion the documents
9
were received and filed and Resolution No. 219-17 Intent to dispose of an interest in City
of Dubuque real estate located along Creek Wood Drive pursuant to a Property Exchange
Agreement between the City of Dubuque and Jeff and Jill Reimer and fixing the date for
a public hearing and providing for the publication of notice thereof was adopted setting a
public hearing for a meeting to commence at 6:00 p.m. on July 5, 2017 in the Historic
Federal Building.
RESOLUTION NO. 219-17
INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE LO-
CATED ALONG CREEK WOOD DRIVE PURSUANT TO A PROPERTY EXCHANGE
AGREEMENT BETWEEN THE CITY OF DUBUQUE AND JEFF AND JILL REIMER
AND FIXING THE DATE FOR A PUBLIC HEARING AND PROVIDING FOR THE PUB-
LICATION OF NOTICE THEREOF
Whereas, the City of Dubuque, Iowa (City) is the owner of the following real property
(the Property);
Lot 2 of Timber-Hyrst Place # 2 in the City of Dubuque, Iowa; and
Whereas, City and Jeff and Jill Reimer (Reimers) have entered into a Property Ex-
change Agreement (the Agreement), to facilitate construction of Creek Wood Park in Tim-
ber Hyrst Subdivision; and
Whereas, the City Council has approved said Property Exchange Agreement by Res-
olution No. 137-17 and the Mayor has executed said agreement on behalf of the City; and
Whereas, the City of Dubuque Engineering Department has prepared and submitted
to the City Council a plat showing the proposed division of Lot 2 of Timber-Hyrst Place #
2, in the City of Dubuque, Iowa and assigned lot numbers thereto, which hereinafter shall
be known and described as Lot 1 -2 and Lot 2-2 of Timber-Hyrst Place # 2, in the City of
Dubuque, Iowa; and
Whereas, the Code of Iowa requires that the City Clerk publish a notice of the proposal
and of the time and place of the meeting at which the City Council proposes to take action
thereon and at which meeting the City Council shall receive oral and/or written objections
from any resident or property owner of said City to such proposed action.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . That the City of Dubuque intends to dispose of its interest in Lot 1-2 of
Timber Hyrst Place # 2, in the City of Dubuque, Iowa by deed to Jeff and Jill Reimer
pursuant to the executed Property Exchange Agreement attached hereto.
Section 2. The City Clerk is hereby authorized and directed to cause a notice to be
published as prescribed by Iowa Code Section 364.7 of a public hearing on the City's
intent to dispose of the foregoing-described Property, to be held on the 5th day of July,
2017, at 6:00 p.m. in the City Council Chambers at the Historic Federal Building, 350 W.
6th Street, Dubuque, Iowa.
Section 3. The City Clerk is hereby directed to cause at least one publication to be
made of a notice of said meeting, in a newspaper, printed wholly in the English language,
published at least once weekly, and having general circulation in said City, said publica-
tion to be not less than four days nor more than twenty days before the date of said
meeting on the disposal of the City's interest in the Property.
10
Section 4. That the notice of the proposed action shall be in substantially the form
attached hereto.
Passed, approved and adopted this 19th day of June, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Vacate of Right-of-Way - 17th Street— Initiate: City Manager recommending approval
of a resolution setting a public hearing for July 5, 2017, on the disposal of the 17th Street
right-of-way between Elm Streets and Pine Streets to METX, LLC Upon motion the doc-
uments were received and filed and Resolution No. 220-17 Resolution of Intent to vacate
and dispose of City interest in 17th Street between Elm Street and Pine Street, said right-
of-way being a part of City Lot 176A of East Dubuque Addition, in the City of Dubuque,
Iowa to METX, LLC was adopted setting a public hearing for a meeting to commence at
6:00 p.m. on July 5, 2017 in the Historic Federal Building.
RESOLUTION NO. 220-17
RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN 17TH
STREET BETWEEN ELM STREET AND PINE STREET, SAID RIGHT OF WAY BEING
A PART OF CITY LOT 176A OF EAST DUBUQUE ADDITION, IN THE CITY OF DUBU-
QUE, IOWA TO METX LLC
Whereas, Metx LLC has requested the vacating of a portion of 17th Street between Elm
Street and Pine Street; and
Whereas, IIW, PC has prepared and submitted to the City Council a plat showing the
vacated portion of 17th Street between Elm Street and Pine Street, and assigned lot num-
bers thereto, to be known as Lot 176A of East Dubuque Addition, in the City of Dubuque,
Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . That the City of Dubuque intends to vacate and dispose of its interest in Lot
176A of East Dubuque Addition, in the City of Dubuque, Iowa to Metx LLC as agreed
upon between the City of Dubuque, Iowa and Metx LLC
Section 2. That a public hearing on the intent to vacate and dispose of Lot 176A in the
City of Dubuque, Iowa to Metx LLC is hereby set for the 5th day of July, 2017, at the
Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa, beginning at 6:00 p.m., and
the City Clerk be and is hereby authorized and directed to cause a notice of public hearing
on the intent to vacate and dispose of said real estate to be published in the manner as
prescribed by law.
Passed, approved and adopted this 19th day of June, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. Grandview and Loras Traffic Signal Reconstruction Project — Initiate: City Manager
recommending initiation of the public bidding procedure for the Grandview Avenue and
Loras Boulevard Intersection Improvement Project, and further recommends that a public
hearing be set for July 17, 2017. Upon motion the documents were received and filed and
Resolution No. 221-17 Preliminary approval of plan, specifications, form of contract, and
11
estimated cost; setting date of public hearing on plans, specification, form of contract, and
estimated cost; and ordering the advertisement for bids was adopted setting a public
hearing for a meeting to commence at 6:00 p.m. on July 17, 2017 in the Historic Federal
Building.
RESOLUTION NO. 221-17
GRANDVIEW AVE. & LORAS BLVD. INTERSECTION IMPROVEMENT PROJECT
PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPEC-
IFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE
ADVERTISEMENT FOR BIDS
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The proposed plans, specifications, form of contract and estimated cost for the
Grandview Avenue & Loras Boulevard Intersection Improvement Project in the estimated
amount $388,311 .23, are hereby preliminarily approved and ordered filed in the office of
the City Clerk for public inspection.
A public hearing will be held on the 17th day of July, 2017, at 6:00 p.m. in the Historic
Federal Building Council Chambers (second floor) 350 W. 6th Street, Dubuque, Iowa, at
which time interested persons may appear and be heard for or against the proposed plans
and specifications, form of contract and estimated cost of said Project, and the City Clerk
be and is hereby directed to cause the attached notice of the time and place of such
hearing to be published in a newspaper having general circulation in the City of Dubuque,
Iowa, which notice shall be published not less than four days nor more than twenty days
prior to the date of such hearing. At the hearing, any interested person may appear and
file objections to the proposed plans, specifications, form of contract, or estimated cost of
the Project.
Grandview Avenue & Loras Boulevard Intersection Improvement Project is hereby or-
dered to be advertised for bids for construction.
The amount of the security to accompany each bid shall be in an amount which shall
conform to the provisions of the Notice to Bidders hereby approved.
The City Clerk is hereby directed to advertise for bids for the construction of the im-
provements herein provided, by publishing the attached Notice to Bidders to be published
in the Master Builders of Iowa Plan Room, The Construction Update Network and posted
on the City of Dubuque website at www.cityofdubuque.org/bids. Publication will occur not
less than thirteen but not more than forty-five days before the date for filing bids before
2:00 p.m. on the 20th day of July 2017. Bids shall be opened and read by the City Clerk
at said time and will be submitted to the City Council for final action at 6:00 p.m. on the
7th day of August, 2017, in the Historic Federal Building Council Chambers (second floor),
350 West 6th Street, Dubuque, Iowa.
Passed, adopted and approved this 19th day of June, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
12
BOARDS/COMMISSIONS
1 . Cable Television Commission: Three, 3-year terms through July 1 , 2020 (Expiring
terms of Hoverman, Maloney and Tigges). Applicants: Carol Hoverman, 1555 White St.;
Thomas Major, 1725 Lori St.; Pauline Maloney, 506 George St.; Ronald Tigges, 4927
Wild Flower Dr. Upon roll-call vote Carol Hoverman, Pauline Mahoney, and Ronald
Tigges were appointed to 3-year terms through July 1 , 2020. Hoverman = 6 (Connors,
Rios, Buol, Jones, Resnick, Lynch); Major = 1 (Rios); Maloney = 6 (Connors, Rios, Buol,
Jones, Resnick, Lynch); Tigges = 5 (Connors, Buol, Jones, Resnick, Lynch).
2. Electrical Code Board: One, 3-year term through May 21 , 2020 (Expired term of
Wilson, At-Large). Applicant: David Wilson, 2918 Washington St. (Qualifies as At-Large).
Motion by Jones to appoint Mr. Wilson to a 3-year term through May 21 , 2010. Seconded
by Resnick. Motion carried 6-0.
3. Historic Preservation Commission: One, 3-year term through July 1 , 2020 (Expiring
term of Monk, Architect At-Large). Applicant: Christina Monk, 2005 N. Main St. (Qualifies
as Architect At-Large). Motion by Connors to appoint Ms. Monk to a 3-year term through
July 1 , 2020. Seconded by Resnick. Motion carried 6-0.
4. Investment Oversight Advisory Commission: One, 3-year term through July 1 , 2020
(Expiring term of Lassance). Applicant: Paul Lassance. 4846 Embassy Ct. Motion by
Lynch to appoint Mr. Lassance to a 3-year term through July 1 , 2020. Seconded by Con-
nors. Motion carried 6-0.
5. Long Range Planning Advisory Commission: Three, 3-year terms through July 1 ,
2020 (Expiring terms of Collins, Dotson and Vincent). Applicants: Ronald Collins, 243
Cardiff St.; Mark Dotson, 54 Alpine St.; Thomas Major, 1725 Lori St.; Alan Vincent, 565
Woodland Ridge. Upon roll-call vote, Mr. Collins, Mr. Dotson, and Mr. Vincent were ap-
pointed to 3-year terms through July 1 , 2020. Collins = 6 (Connors, Rios, Buol, Jones,
Resnick, Lynch); Dotson = 6 (Connors, Rios, Buol, Jones, Resnick, Lynch); Major = 2
(Resnick, Lynch); Vincent = 4 (Connors, Rios, Buol, Jones).
6. Park and Recreation Advisory Commission: Three, 3-year terms through June 30,
2020 (Expiring Terms of Hoffmann, Kennicker and Klinge). Applicants: Paul Hoffmann,
174 Bradley St.; Robin Kennicker, 2929 Elm St.; Kenneth Klinge, 2267 Carter Rd.; Re-
becca Kuhle, 2566 Pearl St.; Luke Roth, 904 Barbaralee Dr. Upon roll-call vote, Mr. Hoff-
man, Ms. Kennicker and Mr. Klinge were appointed to 3-year terms through June 30,
2020. Hoffman = 2 (Resnick, Lynch); Kennicker= 6 (Connors, Rios, Buol, Jones, Resnick,
Lynch); Klinge = 4 (Rios, Buol, Del Toro, Resnick).
The City Clerk reported the vote totals in error. Ms. Kule and Mr. Roth actually tied with
3 votes each. Kuhle = Connors, Rios, Jones; Roth = Connors Buol, Lynch A re-vote will
be taken at the July 5, 2017 City Council meeting.
13
7. Zoning Advisory Commission: One, 3-year term through June 30, 2020 (Expiring
Term of Christ).: Applicant: Martha Christ, 88 Princeton PI. Motion by Jones to appoint
Ms. Christ to a 3-year term through June 30, 2010. Seconded by Connors. Motion carried
6-0.
PUBLIC HEARINGS
1 . Sale of Property -2249 Harold Street: Proof of publication on notice of public hearing
to consider approval to dispose of City-owned property, specifically, Lot 30 and the North
5 Feet of Lot 33 in J.P. Schroeder's Addition to Dubuque, in the City of Dubuque, Iowa,
according to the recorded plat thereof — 2249 Harold Street, and the City Manager rec-
ommending approval. Motion by Lynch to receive and file the documents and adopt Res-
olution No. 222-17 Approving the sale of real estate specifically Lot 30 and the north 5
feet of Lot 33 in J.P. Schroeder's Addition to Dubuque in the City of Dubuque, Iowa, ac-
cording to the recorded plat thereof - 2249 Harold Street. Seconded by Connors. Motion
carried 6-0.
RESOLUTION NO. 222-17
A RESOLUTION APPROVING THE SALE OF REAL ESTATE SPECIFICALLY LOT 30
AND THE NORTH 5 FEET OF LOT 33 IN J.P. SCHROEDER'S ADDITION TO DUBU-
QUE IN THE CITY OF DUBUQUE, IOWA, ACCORDING TO THE RECORDED PLAT
THEREOF — 2249 HAROLD STREET
Whereas, pursuant to a notice, duly published in the Telegraph Herald newspaper, the
City Council of Dubuque, Iowa, met on June 5, 2017, in the Dubuque Historic Federal
Building, 350 West 6th Street, Dubuque, Iowa to consider the proposal to dispose of City-
owned real estate located at 2249 Harold Street:
Lot 30 and the North 5 feet of Lot 33 In J.P. Schroeder's Addition to Dubuque in the
City of Dubuque, Iowa, according to the recorded plat thereof; and
Whereas, qualifying homebuyer, Rachel Regan have signed an offer to purchase and
have obtained financing from a local lender; and
Whereas, the City Council of the City of Dubuque, Iowa has overruled any and all
objections, oral and written, to the proposal to dispose of the interest of the City of Dubu-
que, Iowa, in the herein and above-named real estate to the above-named grantee.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . That the City of Dubuque hereby approves the sale of the following legally-
described property:
Lot 30 and the North 5 feet of Lot 33 In J.P. Schroeder's Addition to Dubuque in the
City of Dubuque, Iowa, according to the recorded plat thereof; at the cost of One
Hundred Forty-Eight Thousand Dollars ($148,000).
Section 2. That the City of Dubuque be and is hereby authorized to provide a Warranty
Deed to the buyer, conveying the City's interest to Rachel Regan for the herein-described
real estate.
Section 3. That the City Clerk be and she is hereby authorized and directed to cause
said Warranty Deed to be recorded in the Office of the Dubuque County Recorder.
14
Passed, approved and adopted this 19th day of June 2017.
Roy D Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. 210 Jones Street, LLC Development Agreement: Proof of publication on notice of
public hearing to consider approval of the proposed issuance of Urban Renewal Tax In-
crement Revenue Obligations and the execution of a Development Agreement relating
thereto with 210 Jones, LLC and the City Manager recommending approval. Motion by
Lynch to receive and file the documents and adopt Resolution No. 223-17 Approving a
Development Agreement by and between the City of Dubuque, Iowa and 210 Jones, LLC
providing for the issuance of Urban Renewal Tax Increment Revenue Obligations for the
Redevelopment of 210 Jones Street. Seconded by Connors. Motion carried 6-0.
RESOLUTION NO. 223-17
APPROVING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF
DUBUQUE, IOWA AND 210 JONES, LLC PROVIDING FOR THE ISSUANCE OF UR-
BAN RENEWAL TAX INCREMENT REVENUE OBLIGATIONS FOR THE REDEVEL-
OPMENT OF 210 JONES STREET
Whereas, the City Council, by Resolution No. 197-17, dated June 5, 2017, declared its
intent to enter into a Development Agreement with 210 Jones, LLC for the redevelopment
of 210 Jones Street in the City of Dubuque, Iowa (the Property); and
Whereas, pursuant to published notice, a public hearing was held on the proposed
disposition on June 19, 2017 at 6:00 p.m. in the City Council Chambers at the Historic
Federal building, 350 W. 6th Street, Dubuque, Iowa; and
Whereas, it is the determination of the City Council that approval of the Development
Agreement, for redevelopment of the Property by 210 Jones, LLC according to the terms
and conditions set out in the Development Agreement is in the public interest of the City
of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . That the Development Agreement by and between the City of Dubuque and
210 Jones, LLC, a copy of which is attached hereto, is hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute the Develop-
ment Agreement on behalf of the City of Dubuque and the City Clerk is authorized and
directed to attest to his signature.
Section 3. That the City Manager is authorized to take such actions as are necessary
to comply with the terms of the Development Agreement as herein approved.
Passed, approved and adopted this 19th day of June, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. Westside Water System Improvements 2017 Contract C Highway 20 Watermain
Extension: 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 Im-
provements 2017 Contract C Highway 20 Water Main Extension, and the City Manager
recommending approval. Motion by Lynch to receive and file the documents and adopt
15
Resolution No. 224-17 Approval of plans, specifications, form of contract, and estimated
cost for the Westside Water System Improvements Hwy 20 Water Main Extension. Se-
conded by Connors. Motion carried 6-0.
RESOLUTION NO. 224-17
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTI-
MATED COST FOR THE WESTSIDE WATER SYSTEM IMPROVEMENTS HWY 20
WATER MAIN EXTENSION
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 — Contract C HWY 20 Water Main Extension in
the estimated amount $650,000.00, are hereby approved.
Passed, adopted and approved this 19th day of June, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
4. Sewer Revenue Capital Loan Notes- Kerper Boulevard Sanitary Sewer Reconstruc-
tion Projects: Proof of publication on notice of public hearing to consider the sale of not-
to-exceed $3,600,000 in Sewer Revenue Capital Loan Notes (State Revolving Loan Fund
Program) for the Kerper Boulevard sanitary sewer reconstruction projects and the City
Manager recommending approval. Motion by Connors to receive and file the documents
and adopt Resolution No. 225-17 Instituting proceedings to take additional action for the
authorization of a Loan and Disbursement Agreement and the Issuance of not-to-exceed
$3,600,00 Sewer Revenue Capital Loan Notes. Seconded by Lynch. Motion carried 6-0.
RESOLUTION NO. 225-17
RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR
THE AUTHORIZATION OF A LOAN AND DISBURSEMENT AGREEMENT AND THE
ISSUANCE OF NOT TO EXCEED $3,600,000 SEWER REVENUE CAPITAL LOAN
NOTES
Whereas, pursuant to notice published as required by law, this Council has held a
public meeting and hearing upon the proposal to institute proceedings for the authoriza-
tion of a Loan and Disbursement Agreement by and between the City and the Iowa Fi-
nance Authority, and the issuance to the Iowa Finance Authority of not to exceed
$3,600,000 Sewer Revenue Capital Loan Notes to evidence the obligations of the City
under said Loan and Disbursement Agreement, for the purpose of paying costs of acqui-
sition, construction, reconstruction, extending, remodeling, improving, repairing and
equipping all or part of the Municipal Sewer System, including those costs associated
with Kerper Boulevard Sanitary Sewer reconstruction project, and has considered the
extent of objections received from residents or property owners as to said proposal and,
accordingly the following action is now considered to be in the best interests of the City
and residents thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, STATE OF IOWA:
16
Section 1 . That this Council does hereby institute proceedings and takes additional
action for the authorization of a Loan and Disbursement Agreement by and between the
City and the Iowa Finance Authority, and the issuance to the Iowa Finance Authority in
the manner required by law of not to exceed $3,600,000 Sewer Revenue Capital Loan
Notes for the foregoing purpose.
Section 2. That this Council does hereby consent to the terms and conditions of the
SRF Loan Program, which terms and conditions and the disclosures provided with re-
spect thereto are hereby acknowledged, accepted and approved.
Section 3. That the Clerk, with the assistance of the City Attorney and bond counsel,
is hereby authorized and directed to proceed with the preparation of such documents and
proceedings as shall be necessary to authorize the City's participation in the SRF Loan
Program, to select a suitable date for final Council authorization of the required Loan and
Disbursement Agreement and issuance of the Note to evidence the City's obligations
thereunder, and to take such other actions as the Clerk shall deem necessary to permit
the completion of a loan on a basis favorable to the City and acceptable to this Council.
Section 4. This Resolution shall serve as a declaration of official intent under Treasury
Regulation 1 .150-2 and shall be maintained on file as a public record of such intent. It is
reasonably expected that Sewer fund moneys may be advanced from time to time for
capital expenditures which are to be paid from the proceeds of the above loan agreement.
The amounts so advanced shall be reimbursed from the proceeds of the Loan Agreement
not later than eighteen months after the initial payment of the capital expenditures or
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
expenditures or unless another declaration of intention is adopted.
Passed and approved this 19th day of June, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. Water Revenue Capital Loan Notes - (State Revolving Loan Fund Program): Proof
of publication on notice of public hearing to consider the sale of not-to-exceed
$10,200,000 in Water Revenue Capital Loan Notes (State Revolving Loan Fund Program)
for the purchase and improvements associated with the City of Dubuque's acquisition of
the Vernon and Barrington Lakes water systems and the City Manager recommending
approval. Motion by Lynch to receive and file the documents and adopt Resolution No.
226-17 Instituting proceedings to take additional action for the authorization of a Loan
and Disbursement Agreement and the issuance of not-to-exceed $10,200,000 Water
Revenue Capital Loan Notes. Seconded by Connors. Motion carried 6-0.
RESOLUTION NO. 226-17
RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR
THE AUTHORIZATION OF A LOAN AND DISBURSEMENT AGREEMENT AND THE
ISSUANCE OF NOT TO EXCEED $10,200,000 WATER REVENUE CAPITAL LOAN
NOTES
Whereas, pursuant to notice published as required by law, this Council has held a
public meeting and hearing upon the proposal to institute proceedings for the authorize-
17
tion of a Loan and Disbursement Agreement by and between the City and the Iowa Fi-
nance Authority, and the issuance to the Iowa Finance Authority of not to exceed
$10,200,000 Water Revenue Capital Loan Notes to evidence the obligations of the City
under said Loan and Disbursement Agreement, for the purpose of paying costs of acqui-
sition, construction, reconstruction, extending, remodeling, improving, repairing and
equipping all or part of the Municipal Water Utility, including those costs associated with
the Westside water system purchase and construction project, and has considered the
extent of objections received from residents or property owners as to said proposal and,
accordingly the following action is now considered to be in the best interests of the City
and residents thereof:
NOW, THEREFORE, BE IT RESOLVED BY THE City Council OF THE City of Dubu-
que, STATE OF IOWA:
Section 1 . That this Council does hereby institute proceedings and takes additional
action for the authorization of a Loan and Disbursement Agreement by and between the
City and the Iowa Finance Authority, and the issuance to the Iowa Finance Authority in
the manner required by law of not to exceed $10,200,000 Water Revenue Capital Loan
Notes for the foregoing purpose.
Section 2. That this Council does hereby consent to the terms and conditions of the
DWSRF Loan Program, which terms and conditions and the disclosures provided with
respect thereto are hereby acknowledged, accepted and approved.
Section 3. That the Clerk, with the assistance of the City Attorney and bond counsel,
is hereby authorized and directed to proceed with the preparation of such documents and
proceedings as shall be necessary to authorize the City's participation in the DWSRF
Loan Program, to select a suitable date for final Council authorization of the required Loan
and Disbursement Agreement and issuance of the Note to evidence the City's obligations
thereunder, and to take such other actions as the Clerk shall deem necessary to permit
the completion of a loan on a basis favorable to the City and acceptable to this Council.
Section 4. This Resolution shall serve as a declaration of official intent under Treasury
Regulation 1 .150-2 and shall be maintained on file as a public record of such intent. It is
reasonably expected that Water fund moneys may be advanced from time to time for
capital expenditures which are to be paid from the proceeds of the above loan agreement.
The amounts so advanced shall be reimbursed from the proceeds of the Loan Agreement
not later than eighteen months after the initial payment of the capital expenditures or
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
expenditures or unless another declaration of intention is adopted.
Passed and approved this 19th day of June, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
18
PUBLIC INPUT
Nino Erba, 672 % Central Avenue, congratulated the Mayor on continuing with the
Paris Climate Agreement, and asked about what the City is doing to continue efforts to
address climate change. Mayor Buol responded with references to the City's 50% reduc-
tion in greenhouse gas emissions by 2030 program and the installation of solar panels on
roofs of several City facilities.
Nick Molo, 955 Washington Street, requested that the City Council reconsider its ban
on the use of fireworks and urged support of a compromise in the upcoming ordinance
amendment.
Melissa Springer, 810 S. Grandview Avenue, and representing Mercy Turning Point
Treatment Center, requested that the City Council make the opioid epidemic, drug over-
dosing and trafficking a priority.
ACTION ITEMS
1 . Code of Ordinances Amendment - Titles 7 & 10 Firearms, Fireworks and Environ-
mental Stewardship Advisory Commission (Second Reading): City Manager recommend-
ing approval of amendments to City of Dubuque Code of Ordinances Sections 7-5A-10,
Weapons, Firearms and Fireworks; 7-5A-16, Hunting and Target Practice Permitted; and
10-5B-12, Possession of Firearms, Weapons and Fireworks. City Manager submitting a
revised memo and staff memo. Mr. Van Milligen verbally referenced national and local
statistics on fires and injuries caused by fireworks.
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. The
City Council discussed the potential for compromise between the new state law and the
City's proposed ordinance amendment, the challenge and confusion a complex ordinance
containing compromises might cause especially in terms of public information; the indi-
vidual choices of citizens, and the City Council's duty to provide public safety. Motion
failed 5-1 with Rios voting nay.
Motion by Jones to consider the second reading of three proposed ordinances amend-
ing City of Dubuque Code of Ordinances Title 7 Police, Fire and Public Safety, Chapter 5
Offenses, Article A General Offenses, Section 7-5A-10 Weapons, Firearms and Fire-
works; amending City of Dubuque Code of Ordinances Title 7 Police, Fire and Public
Safety, Chapter 5 Offenses, Article A General Offenses, Section 7-5A-16 Hunting and
Target Practice Permitted; and amending City of Dubuque Code of Ordinances Title 10
Public Ways and Property, Chapter 5 Parks and Recreation, Article B Use Regulations,
Section 10-5B-12 Possession of Firearms, Weapons and Fireworks. Seconded by Con-
nors. Motion carried 6-0.
2. Rejection of Bids - Kerper Boulevard Sanitary Sewer Reconstruction Project: City
Manager recommending that the City Council reject the bids received for the Kerper
Boulevard Sanitary Sewer Reconstruction Project so the Engineering staff can re-evalu-
ate the design and incorporate any cost saving measures. Motion by Connors to receive
19
and file the documents and adopt Resolution No. 227-17 Rejecting competitive bid pro-
posal received for the Kerper Boulevard Sanitary Sewer Reconstruction Project. Se-
conded by Resnick. Motion carried 6-0.
RESOLUTION NO. 227-17
REJECTING COMPETITIVE BID PROPOSAL RECEIVED FOR THE KERPER BLVD
SANITARY SEWER RECONSTRUCTION PROJECT
Whereas, two (2) competitive sealed bid proposal was submitted by two (2) contractor
for the Kerper Blvd Sanitary Sewer Reconstruction Project (the Project) pursuant to Res-
olution No. 211-15 and Notice to Bidders published the City of Dubuque Website
www.cityofdubuque.org/bids, Master Builders of Iowa Plan Room mbiplanroom-
dsm@mbionline.com and posted to the Master Builders Construction Update Network on
the 19th day of May, 2017; and
Whereas, the two (2) competitive sealed bid proposal were opened and read on the
8th day of June 2017; and
Whereas, the City Council has deemed it advisable to reject the two (2) competitive
sealed bid proposals for the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . The two (2) competitive sealed bid proposals for the Kerper Blvd Sanitary
Sewer Reconstruction Project is hereby rejected.
Section 2. The City Clerk is authorized and instructed to return the bid deposit of the
unsuccessful bidders for the Kerper Blvd Sanitary Sewer Reconstruction Project.
Passed, approved and adopted this 19th day of June 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. Procedure to Complete Action on Water Revenue Capital Loan Notes - (State Re-
volving Loan Fund Program): City Manager recommending approval of the suggested
proceedings to complete action required on the $10,198,000 Water Utility Revenue Cap-
ital Loan Notes from the State of Iowa Revolving Fund Loan Iowa Drinking Water Facilities
Financing Program. Motion by Lynch to receive and file the documents and adopt Reso-
lution No. 228-17 Series Resolution Authorizing and providing for the issuance and se-
curing the payment of$10,198,000 Water Revenue Capital Loan Notes, Series 2017 by
the City of Dubuque, Iowa under the provisions of Chapter 384 of the Code of Iowa,
providing for a method of payment thereof, approving Loan and Disbursement Agree-
ment, and other related matters. Seconded by Connors. Motion carried 6-0.
RESOLUTION NO. 228-17
SERIES RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND
SECURING THE PAYMENT OF $10,198,000 WATER REVENUE CAPITAL LOAN
NOTES, SERIES 2017 BY THE CITY OF DUBUQUE, IOWA UNDER THE PROVISIONS
OF CHAPTER 384 OF THE CODE OF IOWA, PROVIDING FOR A METHOD OF PAY-
MENT THEREOF, APPROVING LOAN AND DISBURSEMENT AGREEMENT, AND
OTHER RELATED MATTERS
20
Whereas, the City Council of the City of Dubuque, Iowa (the "City") has heretofore
established charges, rates and rentals for services which are and will continue to be col-
lected as system revenues of the Municipal Water Utility System, and said revenues are
available for the payment of water revenue bonds or notes, subject to the following prem-
ises; and
Whereas, by Resolution No. 379-08 passed and approved on October 20, 2008 (the
"Master Resolution"), the City Council heretofore has authorized the issuance of
$1 ,195,000 Water Revenue Capital Loan Notes, Series 2008D, for the purpose of financ-
ing the construction of the Series 2008D Project described therein, and to pay related
costs of issuance; and
Whereas, Issuer proposes to issue its Water Revenue Capital Loan Notes, Series
2017, to the extent of $10,198,000, for the purpose of defraying the costs of the Series
2017 Projects as set forth in Section 1 of this Resolution; and, it is deemed necessary
and advisable and in the best interests of the City that a form of Loan and Disbursement
Agreement by and between the City and the Iowa Finance Authority, be approved and
authorized; and
Whereas, notice of the intention of the City Council to take action for the issuance of
not to exceed $10,200,000 Water Revenue Capital Loan Notes has heretofore been duly
published and no objections to such proposed action have been filed, and the City there-
fore deems it desirable to enter into a Loan and Disbursement Agreement and issue the
Notes; and
Whereas, Section 8.3 of the Master Resolution authorizes the issuance of additional
Senior Bonds, including Senior SRF Bonds, by the City from time to time, if all of the
conditions set forth therein are satisfied; and
Whereas, the Council has determined to issue additional Senior SRF Bonds, and has
determined that, upon passage of this Series Resolution and receipt of the reports de-
scribed in Section 8.3 of the Master Resolution, all of the requirements of Article VIII of
the Master Resolution with respect to the issuance of additional Senior SRF Bonds will
have been satisfied.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IN THE COUNTY OF DUBUQUE, STATE OF IOWA:
ARTICLE I
DEFINITIONS
Section 1 .1 . Definitions. Except as otherwise provided below in this Article I, all words
and terms defined in Article I of the Master Resolution shall have the same meanings in
this Series Resolution as such defined words and terms are given in Article I of the Master
Resolution. In addition, the following terms shall have the following meanings in this Se-
ries Resolution unless the text expressly or by necessary implication requires otherwise:
"Agreement" shall mean Loan and Disbursement Agreement dated as of the Closing
between the City and the Original Purchaser relating to the Loan made to the City under
the Program.
"City" or "Issuer" shall mean the City of Dubuque, Iowa.
"Closing" shall mean the date of execution of the Agreement and delivery of the Series
2017 Notes to the Original Purchaser and the funding of the Loan by the Trustee.
21
"Loan" shall mean the total principal amount allocated by the Original Purchaser to the
City under the Program, equal in amount to the aggregate principal amount of the Series
2017 Notes.
"Master Resolution" means the City Council Resolution No. 379-08, passed and ap-
proved on October 20, 2008, entitled "Master Resolution relating to the issuance of Water
Revenue Bonds by the City of Dubuque, Iowa under the provisions of Chapter 384 of the
Code of Iowa, authorizing and providing for the issuance and securing the payment of
$1 ,195,000 Water Revenue Bonds, Series 2008D, providing for a method of payment
thereof, funding a Debt Service Reserve Fund, and related matters," as the same may be
amended from time to time.
"Original Purchaser" means the Iowa Finance Authority, as the purchaser of the Series
2017 Notes from the City at the time of their original issuance.
"Program" shall mean the Iowa Drinking Water Works Financing Program administered
by the Original Purchaser.
"Series 2017 Notes" means the $10,198,000 Water Revenue Capital Loan Notes, Se-
ries 2017, dated the date of delivery, authorized to be issued pursuant to this Series Res-
olution.
"Series 2017 Costs of Issuance Account" means the account by that name within the
Project Fund established in Section 5.1 of the Master Resolution.
"Series 2017 Projects" shall mean the Projects being financed with the proceeds of the
Series 2017 Notes, consisting of costs of acquisition, construction, reconstruction, ex-
tending, remodeling, improving, repairing and equipping all or part of the Municipal Water
Utility, including those costs associated with the Westside water system purchase and
construction project, as described generally in the Agreement and more particularly in the
plans and specifications on file from time to time with the City Clerk.
"Series 2017 Projects Account" means the account by that name within the Project
Fund established in Section 5.1 of the Master Resolution.
"Series 2017 Rebate Account" means the account by that name within the Rebate
Fund established in Section 6.10 of the Master Resolution.
"Series Resolution" means this Resolution of the Council.
"Tax Exemption Certificate" means the Tax Exemption Certificate executed by the
Treasurer and delivered at the time of issuance and delivery of the Series 2017 Notes.
"Trustee" shall mean Wells Fargo Bank, National Association, with its principal office
located in the City of Des Moines, Iowa, and its successors and any corporation resulting
from or surviving any consolidation or merger to which it or its successors may be a party
and any successor trustee under the Program.
"Yield Restricted" shall mean required to be invested at a yield that is not materially
higher than the yield on the Notes under Section 148(a) of the Internal Revenue Code or
regulations issued thereunder.
ARTICLE II
THE SERIES 2017 NOTES
Section 2.1 . Series 2017 Notes-Authorization and Purpose. Pursuant to the provisions
of the Master Resolution and in particular Section 8.3 thereof, there are hereby authorized
to be issued, negotiable, serial, fully registered Water Revenue Capital Loan Notes, Se-
ries 2017, in the aggregate principal amount of $10,198,000, dated the date of delivery,
for the purpose of constructing the Series 2017 Projects and paying Project Costs relating
22
thereto, and to pay related Costs of Issuance. The Series 2017 Notes shall be issued as
Senior SRF Bonds under the terms of the Master Resolution, shall be designated "CITY
OF DUBUQUE, IOWA,WATER REVENUE CAPITAL LOAN NOTES, SERIES 2017", and
bear interest from the date hereof, until payment thereof, at the office of the Paying Agent,
said interest payable on December 1 , 2017 and semiannually thereafter on the 1st day of
June and December in each year until maturity at the rate hereinafter provided. The Coun-
cil, pursuant to Sections 384.24A and 384.82 of the Code of Iowa, hereby finds and de-
termines that it is necessary and advisable to issue said Series 2017 Notes authorized by
the Agreement and this Series Resolution.
The Series 2017 Notes and the Registrar's Certificate of Authentication shall be in
substantially the form set forth in Exhibit A attached hereto, with such variations, omis-
sions, substitutions and insertions as are required or permitted by this Series Resolution.
The Series 2017 Notes shall be executed by the manual or facsimile signature of the
Mayor and attested by the manual or facsimile signature of the City Clerk of the Council,
and shall be fully registered as to both principal and interest as provided in this Series
Resolution; principal, interest and premium, if any shall be payable at the office of the
Paying Agent by mailing of a check, wire transfer or automated clearing house system
transfer to the registered owner of the Bond.
The Series 2017 Notes shall be dated the date of delivery, and bear interest at the rate
of 1 .75% per annum from the date of each advancement made under the Agreement,
until payment thereof, at the office of the Paying Agent, said interest payable on Decem-
ber 1 , 2017, and semi-annually thereafter on the 1st day of June and December in each
year until maturity as set forth on the debt service schedules attached to the Agreement
as Exhibit A and incorporated herein by this reference. As set forth on said debt service
schedules, principal shall be payable on June 1 , 2018 and annually thereafter on the 1st
day of June in the amounts set forth therein until principal and interest are fully paid,
except that the final installment of the entire balance of principal and interest, if not sooner
paid, shall become due and payable on June 1 , 2037. Notwithstanding the foregoing or
any other provision hereof, principal and interest shall be payable as shown on said debt
service schedules until completion of the Series 2017 Project, at which time the final debt
service schedules shall be determined by the Trustee based upon actual advancements,
final costs and completion of the Series 2017 Project, all as provided in the administrative
rules governing the Program. Payment of principal and interest on the Series 2017 Notes
shall at all times conform to said debt service sand the rules of the Program.
In addition to the payment of principal of and interest on the Series 2017 Notes, the
City also agrees to pay the Initiation Fee and the Servicing Fee as defined and in accord-
ance with the terms of the Agreement.
Section 2.2. Issuance of Series 2017 Notes in Certificated Form. The Series 2017
Notes shall be issued as bonds in Authorized Denominations and may, at the request of
the Original Purchaser, be issued in the denomination of$1 ,000 or multiples thereof as a
single Note in the denomination of$10,198,000 and numbered R-1 .
Section 2.3. Appointment of Registrar. The Treasurer is hereby appointed as Registrar
for the Series 2017 Notes under the terms of this Series Resolution.
Section 2.4. Execution, Authentication and Delivery of the Series 2017 Notes. Upon
the adoption of this Resolution, the Mayor and City Clerk shall execute and deliver the
Series 2017 Notes to the Registrar, who shall authenticate the same and deliver the same
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to or upon order of the Original Purchaser. No such Series 2017 Note shall be valid or
obligatory for any purpose or shall be entitled to any right or benefit hereunder unless the
Registrar shall duly endorse and execute on such Series 2017 Note a Certificate of Au-
thentication substantially in the form of the Certificate herein set forth. Such Certificate
upon any such Series 2017 Note executed on behalf of the Issuer shall be conclusive
evidence that the Series 2017 Note so authenticated has been duly issued under this
Series Resolution and that the holder thereof is entitled to the benefits of this Series Res-
olution.
ARTICLE III
REDEMPTION OF BONDS
Section 3.1 . Optional Redemption. The Series 2017 Notes are subject to optional re-
demption at a price of par plus accrued interest (i) on any date upon receipt of written
consent of the Original Purchaser or (ii) in the event that all or substantially all of the
Series 2017 Projects are damaged or destroyed. Any optional redemption of the Series
2017 Notes may be made from any funds regardless of source, in whole or from time to
time in part, in inverse order of maturity, by giving not less than thirty (30) days notice of
redemption by certified or registered mail to the Original Purchaser (or any other regis-
tered owner of the Series 2017 Notes). The terms of redemption shall be par, plus accrued
interest to date of call. The Series 2017 Notes are also subject to mandatory redemption
as set forth in Section 5 of the Agreement.
ARTICLE IV
DELIVERY AND APPLICATION OF PROCEEDS
Section 4.1 . Application of Series 2017 Note Proceeds. The Series 2017 Notes shall
be delivered as provided in Sections 6.1 and 6.2 and the proceeds thereof shall be applied
as follows:
(i) An amount sufficient to pay the Costs of Issuance of the Series 2017 Notes shall be
deposited into the Series 2017 Costs of Issuance Account.
(ii) The balance of proceeds shall be deposited into the Series 2017 Projects Account
of the Project Fund and applied thereafter to pay Project Costs of the Series 2017 Pro-
jects.
Section 4.2. No Adjustment to Debt Service Reserve Requirement. The Series 2017
Notes shall be issued as Senior SRF Bonds under the Master Resolution, and shall not
be secured by or payable from amounts held in the Debt Service Reserve Fund estab-
lished in the Master Resolution. Upon issuance of the Series 2017 Notes, the amount to
be accumulated and maintained in the Debt Service Reserve Fund shall not be increased,
but shall continue to remain equal to 100% of the Debt Service Reserve Requirement
computed on a basis which includes all Senior Bonds which will be Outstanding immedi-
ately after issuance of the Series 2017 Notes and which are not Senior SRF Bonds.
ARTICLE V
TAX PROVISIONS
Section 5.1 . Disposition of Bond Proceeds; Arbitrage Not Permitted. The City reason-
ably expects and covenants that no use will be made of the proceeds from the issuance
and sale of the Series 2017 Notes issued hereunder which will cause any of the Series
2017 Notes to be classified as arbitrage bonds within the meaning of Section 148(a) and
(b) of the Code, and that throughout the term of said Series 2017 Notes it will comply with
the requirements of said statute and regulations issued thereunder.
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To the best knowledge and belief of the City, there are no facts or circumstances that
would materially change the foregoing statements or the conclusion that it is not expected
that the proceeds of the Series 2017 Notes will be used in a manner that would cause
such bonds to be arbitrage bonds. Without limiting the generality of the foregoing, the City
hereby agrees to comply with the provisions of the Tax Exemption Certificate and the
provisions of the Tax Exemption Certificate are hereby incorporated by reference as part
of this Series Resolution. The Treasurer is hereby directed to make and insert all calcu-
lations 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 2017 Notes to certify as to the reasonable expectations and covenants of the City
at that date.
The City covenants that it will treat as Yield Restricted any proceeds of the Series 2017
Notes remaining unexpended after three years from the issuance and any other funds
required by the Tax Exemption Certificate to be so treated. If any investments are held
with respect to the Series 2017 Notes, the City shall treat the same for the purpose of
restricted yield as held in proportion to the original principal amounts of each issue.
The City covenants that it will exceed any investment yield restriction provided in this
Series Resolution only in the event that it shall first obtain an opinion of bond counsel that
the proposed investment action will not cause the Series 2017 Notes to be classified as
arbitrage bonds under Section 148(a) and (b) of the Code.
The City covenants that it will proceed with due diligence to spend the proceeds of the
Series 2017 Notes for the purpose set forth in this Series Resolution. The City further
covenants that it will make no change in the use of the proceeds available for the con-
struction of facilities or change in the use of any portion of the facilities constructed there-
from by persons other than the City or the general public unless it has obtained an opinion
of bond counsel or a revenue ruling that the proposed project or use will not be of such
character as to cause interest on any of the Series 2017 Notes not to be exempt from
federal income taxes in the hands of holders under the provisions of the Code.
Section 5.2. Additional Covenants, Representations and Warranties of the City. The
City certifies and covenants with the purchasers and holders of the Series 2017 Notes
from time to time outstanding that the City through its officers, (a) will make such further
specific covenants, representations and assurances as may be necessary or advisable;
(b) comply with all representations, covenants and assurances contained in the Tax Ex-
emption Certificate, which Tax Exemption Certificate shall constitute a part of the contract
between the City and the owners of the Series 2017 Notes; (c) consult with bond counsel
(as defined in the Tax Exemption Certificate); (d) pay to the United States, as necessary,
such sums of money representing required rebates of excess arbitrage profits relating to
the Series 2017 Notes; (e) file such forms, statements and supporting documents as may
be required and in a timely manner; and (f) if deemed necessary or advisable by its offic-
ers, to employ and pay fiscal agents, financial advisors, attorneys and other persons to
assist the City in such compliance.
ARTICLE VI
MISCELLANEOUS PROVISIONS
Section 6.1 . Delivery of Series 2017 Notes. The City shall deliver the executed Agree-
ment and the Series 2017 Notes to the Original Purchaser at the price of par on the date
of Closing. Delivery of the executed Agreement and the Series 2017 Notes shall be made
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to the Original Purchaser as soon as practicable after the effective date of this Series
Resolution.
Section 6.2. Approval of Agreement. The Agreement in substantially the form pre-
sented at this meeting of the Council are hereby authorized and approved, and the Mayor
and City Clerk are authorized to execute and deliver the Agreement, with such changes
therein as such officials deem appropriate, for and on behalf of the City, such officers'
signatures thereon being conclusive evidence of such officials' and the City's approval
thereof.
Section 6.3. General Authorization. From and after the date of adoption of this Series
Resolution, the officers, employees and agents of the City are hereby authorized to do all
such acts and things and to execute and deliver any and all other documents, agree-
ments, certificates and instruments relating to the Series 2017 Notes, the investment of
the proceeds thereof and the other transactions contemplated on the part of the City by
this Series Resolution, including, but not limited to, the Tax Exemption Certificate referred
to in Section 5.1 hereof.
Section 6.4. Construction. Except to the extent set forth herein, all of the applicable
terms, conditions and provisions of the Master Resolution shall be deemed and construed
to apply to the Series 2017 Notes and are hereby incorporated by reference and made a
part hereof to the same extent as if fully set forth herein. Except as may otherwise be
provided herein, the Master Resolution shall remain in full force and effect.
Section 6.5. Severability. If any section, paragraph, or provision of this Series Resolu-
tion shall be held to be invalid or unenforceable for any reason, the invalidity or unen-
forceability of such section, paragraph or provision shall not affect any of the remaining
provisions.
Section 6.6. Repeal of Conflicting Ordinances or Resolutions and Effective Date. All
other ordinances, resolutions and orders, or parts thereof, in conflict with the provisions
of this Series Resolution are, to the extent of such conflict, hereby repealed; and this
Series Resolution shall be in effect from and after its adoption.
Passed and approved this 19th day of June, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
4. Zone 2 Water Pressure Improvements: City Manager recommending authorization
to begin the process to build a water tower off Roosevelt Road in Water Pressure Zone
#2, which encompasses the area in and around Roosevelt Road and Peru Road, includ-
ing the Sky Blue Estates subdivision, the existing Alpine Park development and Eagle
Valley subdivision. Motion by Lynch to receive and file the documents and approve the
recommendation. Seconded by Connors. Motion carried 6-0.
5. Request for Work Session - St. Ambrose University Presentation on the Dubuque
Police Department Traffic Stop Analysis: City Manager recommending approval to sched-
ule a work session for a St. Ambrose University Presentation on the Dubuque Police
Department Traffic Stop Analysis for 6:00 p.m. on Tuesday, July 11 , 2017. Motion by
Lynch to receive and file the documents and set the work session as recommended. Se-
conded by Connors. Jones stated that he is unavailable on that date and therefore will
not be in attendance. Motion carried 6-0.
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There being no further business, upon motion the City Council adjourned at 6:49 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
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