2 5 18 City Council Proceedings Official_Special and Regular CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special session at 5:30 p.m. on February 5, 2018 in
the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Del Toro, Jones, Larson, Resnick, Rios
(Joined at 5:58 p.m.), Shaw; City Manager Van Milligen (Joined at 5:36 p.m.), Assistant
City Manager Goodmann, City Attorney Brumwell
Mayor Buol read the call and stated this is a special session of the City Council called
for the purpose of conducting the annual Travel Dubuque / Convention and Visitors Bu-
reau work session.
WORK SESSION
Travel Dubuque / Convention and Visitors Bureau
Keith Rahe, President and CEO of Travel Dubuque/Convention and Visitors Bureau
presented the annual work session to the City Council. Topics included: new Travel Dubu-
que moto; Introduction of staff; mission statement; review of Board of Directors and Advi-
sory Committee membership; 2016 financial growth statistics; hotel/motel tax records,
occupancy and STR report; highlights of FY18; What's Happening with street art, brew-
eries, exhibits, and facilitating Sister City relationships; announcing the USS LST 325
WWII Landing Ship Tank arrival in Dubuque in Summer 2018; review of event sales; up-
coming entertainment tourism events; America's River Festival 2018; inclusive tourism
and examples; review of FY19 budget; and photo credits.
Responding to questions from the City Council, Mr. Rahe explained the process behind
applying for a future RAGBRAI event and how hotel/motel taxes are collected and distrib-
uted.
There being no further business, upon motion the City Council adjourned at 5:59 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
1
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:00 p.m. on February 5, 2018 in
the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Del Toro, Jones, Larson, Resnick, Rios, Shaw;
City Manager Van Milligen, City Attorney Brumwell
Mayor Buol read the call and stated this is a regular session of the City Council called
for the purpose of conducting such business that may properly come before the City
Council.
PLEDGE OF ALLEGIANCE
PROCLAMATION(S)
1 . Japanese Music and Culture Week (February 12-17, 2018) was accepted by Mayor
Roy D. Buol on behalf of Tom Robbins, Director of the Heritage Center, University of
Dubuque.
CONSENT ITEMS
Motion by Resnick to receive and file the documents, adopt the resolutions, and dis-
pose of as indicated. Seconded by Shaw. Council Member Shaw requested Item #7 be
held for separate discussion. Council Member Larson request #6, #9, and #10 be held for
separate discussion. Motion carried 7-0.
1 . Minutes and Reports Submitted: Airport Commission of 1/22/18; City Council Pro-
ceedings of 1/16/18; Human Rights Commission of 12/11/17, 1/8/18; Library Board of
Trustees Council Update #167 of 1/25/18; Resilient Community Advisory Commission of
1/4/18; Proof of Publication for City Council Proceedings of 1/3/18, 1/16/18; List of Claims
and Summary of Revenues for Month Ending 12/31/17. Upon motion the documents were
received and filed.
2. Notice of Claims and Suits: Robert Apel for vehicle damage, Carol Bandy for per-
sonal injury/vehicle damage, Jenny Cook for vehicle damage, Dubuque County Sheriffs
Office for vehicle damage, Felderman Business Associates for property damage, Michael
Gukeisen for vehicle damage, Joseph Ray for vehicle damage, Victoria Ruefer for per-
sonal injury. Upon motion the documents were received, filed, and referred to the City
Attorney.
2
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: Robert Apel for vehicle damage, Carol Bandy for personal injury/vehicle
damage, Jenny Cook for vehicle damage, Dubuque County Sheriffs Office for vehicle
damage, Felderman Business Associates for property damage, Michael Gukeisen for ve-
hicle damage, Joseph Ray for vehicle damage, Victoria Ruefer for personal injury. Upon
motion the documents were received, filed, and concurred.
4. U.S. Environmental Protection Agency (EPA) Superfund Redevelopment Focus List:
City Manager transmitting a news release from the U.S. Environmental Protection Agency
(EPA) advising of the Agency's Superfund National Priorities List of redevelopment sites
that references the Jule Transit Operations Center. Upon motion the documents were
received and filed.
5. Quarterly Investment Report., December 31 , 2017: City Manager transmitting the
attached December 31 , 2017 Quarterly Investment Report. Upon motion the documents
were received and filed.
6. Green Iowa AmeriCorps Quarterly Performance Report: City Manager transmitting
information on the performance of the Green Iowa AmeriCorps team during their first
quarter of the service term September 2017 through December 2017. Motion by Larson
to receive and file the documents. Seconded by Del Toro. Combining her comments with
Items #9 & #10, Ms. Larson recognized the AmeriCorps team and thanked them for their
efforts. Motion carried 7-0.
7. Small Project Incentives Program: City Manager recommending approval of a pro-
posal for drafting economic development agreements with developers of small projects
to incentivize their downtown investment and make the projects more financially feasible.
Motion by Shaw to receive and file and adopt Resolution No. 21-18 Approving an Incen-
tive Program for Small Projects using Tax Increments Financing. Seconded by Resnick.
Responding to questions from the City Council and referencing an e-mail received from
the owners of the Smokestack, City Manager Van Milligen stated that making TIFF a
retroactive program would defy the purpose of the program and create a backlog of re-
quests adding that generally TIFF districts involve urban renewal and residential compo-
nents. Economic Development Director Maurice Jones stated that this new program
aligns and overlays with the existing urban revitalization program and creates another
tool for small business that allows for equitable negotiation. Motion carried 7-0.
RESOLUTION 21-18
APPROVING AN INCENTIVE PROGRAM FOR SMALL PROJECTS USING TAX IN-
CREMENT FINANCING
Whereas, tax increment provides funding to the City of Dubuque on an annual basis,
and
Whereas, the City Council of the City of Dubuque has identified the revitalization of
several portions of the Greater Downtown area as a top priority, and
3
Whereas, the State of Iowa allows for the establishment of programs utilizing tax in-
crement for economic development purposes such as the Downtown Rehabilitation pro-
grams, and
Whereas, the City Council of the City of Dubuque has previously approved several
economic development programs identified as Downtown Rehabilitation programs, and
Whereas, a proposed Small Project Program has been reviewed and is recommended
for approval by the Economic Development Director and the City Manager.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE,
IOWA:
1 . The City of Dubuque hereby approves and adopts the attached Small Project Pro-
gram for economic development purposes in the Greater Downtown Urban Renewal
Area.
Passed and approved this 5th day of February 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
8. Scales Mound Packet Co., d/b/a River Cruises Docking License Agreement: City
Manager recommending approval of a docking License Agreement between the City of
Dubuque and Scales Mound Packet Co., d/b/a River Cruises. Upon motion the docu-
ments were received and filed and Resolution No. 22-18 Approving a Docking License
Agreement between the City of Dubuque, Iowa (City) and Scales Mound Packet Co. d/b/a
River Cruises (River Cruises) was adopted.
RESOLUTION NO. 22-18
APPROVING A DOCKING LICENSE AGREEMENT BETWEEN THE CITY OF DUBU-
QUE, IOWA (CITY) AND SCALES MOUND PACKET CO D/B/A RIVER CRUISES
(RIVER CRUISES)
Whereas, the City of Dubuque, Iowa (City) is the owner of the property shown on the
attached Exhibits A and B attached hereto and by this reference made a part hereof; and
Whereas, Scales Mound Packet Co d/b/a River Cruises (River Cruises) desires a dock-
ing license for part of the property shown on Exhibits A and B for docking of vessels and
other business activities upon the terms set forth in the attached Docking License Agree-
ment between the City and River Cruises; and
Whereas, City and River Cruises have tentatively agreed to the terms of the Docking
License Agreement, which among other things, provides for a term through November
30, 2020; and
Whereas, the City Council believes it is in the best interest of the City of Dubuque to
approve the Docking License Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
1 . The Docking License Agreement between the City of Dubuque, Iowa and Scales
Mound Packet Co d/b/a River Cruises is hereby approved.
2. Mayor is hereby authorized and directed to execute the Agreement on behalf of the
City of Dubuque.
4
Passed, approved and adopted this 5th day of February, 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
9. 2018-19 AmeriCorps Partners in Learning Grant Application: City Manager recom-
mending approval of the 2018-2019 AmeriCorps Partners in Learning Campaign for
Grade Level Reading Grant application that focuses on ensuring students read at grade
level by 3rd grade and targeting economically disadvantaged students. Upon motion for
Item #6, the documents were received, filed and approved.
10. AmeriCorps National Civilian Community Corps (NCCC) Letter of Support: City
Manager recommending approval of a letter of support to host AmeriCorps NCCC in part-
nership with the Four Mounds Foundation. Upon motion for Item #6, the documents were
received, filed and approved.
11 . Community Development Block Grant (CDBG) Fiscal Year 2018 Annual Action
Plan Amendment No. 2: City Manager recommending approval of the FY 2018 Annual
Action Plan — Amendment 2 for the Community Development Block Grant (CDBG) Pro-
gram. Upon motion the documents were received and filed and Resolution No. 23-18
Amending the Fiscal Year 2018 (Program Year 2017) Community Development Block
Grant (CDBG) Annual Action Plan was adopted.
RESOLUTION NO. 23-18
AMENDING THE FISCAL YEAR 2018 (PROGRAM YEAR 2017) COMMUNITY DEVEL-
OPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN
Whereas, the City of Dubuque has prepared and filed a Fiscal Year 2018 (Program
Year 2017) Community Development Block Grant Annual Action Plan addressing housing
and non-housing needs in the community; and
Whereas, the City of Dubuque now desires to amend said Annual Plan by re-allocating
Housing Development Program funding from the Homeowner Rehabilitation activity to the
Lead Hazard Reduction Activity as per the attached Exhibit A; and
Whereas, said amendment is a non-substantial amendment as provide in the City's
Citizen Participation Plan and therefore must be approved by resolution of the City Coun-
cil after recommendation by the Community Development Advisory Commission; and
Whereas, the Community Development Advisory Commission met on December 20th,
2017, and voted to approve said amendment and to recommend approval by the City
Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . That the Community Development Block Grant Fiscal Year 2018 (Program
Year 2017) Annual Action Plan as amended, attached hereto as Exhibit A and by this
reference made a part hereof, is hereby adopted for inclusion in the Fiscal Year 2018 City
Budget on March 7, 2018.
Section 2. That the Community Development Block Grant Fiscal Year 2018 (Program
Year 2017) Annual Action Plan as amended is in Exhibit A is hereby approved.
5
Section 3. The City Manager is hereby authorized and directed to prepare and submit
a copy of this resolution and amended Plan to the United States Department of Housing
and Urban Development.
Passed, approved and adopted this 5th day of February, 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
12. Sustainable Dubuque Community Grant -Application Changes: City Manager rec-
ommending approval of changes to the application process for the Sustainable Dubuque
Community Grant program to be effective for the April 1 , 2018 deadline. Upon motion the
documents were received, filed and approved.
13. Growing Sustainable Communities Conference Management Contract: City Man-
ager recommending approval of a contract with Sustainable City Network to host the 2018
Growing Sustainable Communities Conference. Upon motion the documents were re-
ceived, filed and approved.
14. Iowa Partners for Conservation Grant: City Manager recommending authorization
to apply for an Iowa Partners for Conservation Grant to secure funding to perform exten-
sive modeling of the Catfish Creek Watershed, create a farmer-led watershed effort, es-
tablish a cover crop program within Dubuque County, and establish the City Manager as
an authorized representative of the City regarding the grant. Upon motion the documents
were received and filed and Resolution No. 24-18 Approving an application and estab-
lishing the City Manager as an authorized representative regarding the agreement be-
tween the NRCS and the City of Dubuque, Iowa for an Iowa Partners for Conservation
Grant was adopted.
RESOLUTION NO. 24-18
APPROVING AN APPLICATION AND ESTABLISHING THE CITY MANAGER AS AN
AUTHORIZED REPRESENTATIVE REGARDING THE AGREEMENT BETWEEN THE
NRCS AND THE CITY OF DUBUQUE, IOWA FOR A IOWA PARTNERS FOR CON-
SERVATION GRANT
Whereas, a farmer led approach within the agricultural areas of Catfish Creek is
needed; and
Whereas, the NRCS has announced a funding opportunity for conservation practices;
and
Whereas, the City is currently working with Catfish Creek to implement conservation
practices; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, THAT:
Section 1 . The City Manager is authorized to sign and submit an application to the
NRCS for an Iowa Partners for Conservation grant.
Section 2. The City Manager is hereby authorized to act as an authorized representa-
tive on the NRCS grant agreement and may execute any documents required by the
agreement as the NRCS may reasonably request.
6
Passed, approved and adopted this 5th day of February, 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
15. Airport Rental Car Parking Lot Project Acceptance: City Manager recommending
acceptance of the public improvement for the Dubuque Airport Rental Car Parking Lot
Project 2017, as completed by McClain Excavating. Upon motion the documents were
received and filed and Resolution No. 25-18 Accepting the Dubuque Airport Rental Car
Parking Lot Project 2017 and Authorizing the payment of the contract amount to the con-
tractor was adopted.
RESOLUTION NO. 25-18
ACCEPTING THE DUBUQUE AIRPORT RENTAL CAR PARKING LOT PROJECT
2017 AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE
CONTRACTOR
Whereas, the Public Improvement Contract for the Dubuque Airport Rental Car Parking
Lot Project 2017 (the Project) has been completed and the City Engineer has examined
the work and filed a certificate stating that the Project has been completed according to
the terms of the Public Improvement Contract and that the City Engineer recommends
that the Project be accepted.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . The recommendation of the City Engineer is approved, and the Project is
hereby accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor from the
FY17 and FY18 Customer Facility Charge Rental Car Funds capital improvement appro-
priation for the contract amount of$273,163.75 less any retained percentage provided for
therein as provided in Iowa Code chapter 573, and to pay such retainage only in accord-
ance with the provisions of Iowa Code chapter 573.
Passed, approved and adopted this 5th day of February, 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE DUBUQUE AIR-
PORT RENTAL CAR PARKING LOT PROJECT 2017
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he
has inspected the Dubuque Airport Rental Car Parking Lot Project 2017, and that said
Project has been performed in compliance with the terms of the Public Improvement Con-
tract, and that the total cost of the completed work is $300,480.13.
Dated this 30th day of January 2018.
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 30th day of January 2018.
/s/Kevin S. Firnstahl, City Clerk
7
16. Fire Pumper Purchase: City Manager recommending approval to purchase a com-
mercial chassis fire engine from Simon Fire Equipment on a City-purchased International
chassis from Thompson Truck and Trailer. Upon motion the documents were received,
filed and approved.
17. Authorized Depository Institutions: City Manager recommending approval of a res-
olution adding Collins Community Credit Union as an authorized depository institution for
the City of Dubuque checking, savings, money market or certificate of deposit accounts.
Upon motion the documents were received and filed, and Resolution No. 26-18 Naming
Depositories was adopted.
RESOLUTION NO. 26-18
RESOLUTION NAMING DEPOSITORIES
Whereas, Chapter 12C.2 of the 2201 Code of Iowa states that the approval of a finan-
cial institution as a depository shall be by written resolution or order which shall be entered
of record in the minutes of the approving board, and which shall distinctly name each
depository approved, and specify the maximum amount which may be kept on deposit in
each depository; and
Whereas, this procedure is required if a financial institution changes its name or home
office location, if the maximum amount is changed, or if a financial institution is added or
deleted.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . That the following financial institutions are approved to be depositories of
the City of Dubuque, Iowa funds in conformance with all applicable provisions of the 2001
Iowa Code Chapter 12C.2. The City Treasurer is hereby authorized to deposit City of
Dubuque, Iowa funds in amounts not to exceed the maximum approved for each respec-
tive financial institution as set out below.
Depository Name + Location of Home Office Maximum Balance
American Trust & Savings Bank I Dubuque, Iowa $60,000,000
Dubuque Bank & Trust Company 1Dubuque, Iowa $60,000,000
Collins Community Credit Union Cedar Rapids, Iowa $50,000,000
U.S. Banki Minneapolis, Minnesota $40,000,000
Dupaco Community Credit Union Dubuque, Iowa $20,000,000
DuTrac Community Credit Union Dubuque, Iowa $30,000,000
t i t I
Premier Bank : Dubuque, Iowa 1 $20,000,000
East Dubuque Savings Banki Dubuque, Iowa $20,000,000
Fidelity Bank & Trust Dyersville, Iowa $40,000,000
Frost Bank San Antonio, Texas $ 100,000
Hometown BankFond du Lac, Wisconsin I$ 250,000
Passed, approved and adopted this 5th day of February, 2018
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
8
18. Dubuque Metropolitan Area Solid Waste Agency (DMASWA): Correspondence
from the DMASWA notifying the City of the Agency's Fiscal Year 2019 budget and fee
schedule approved by the DMASWA Board of Directors effective July 1 , 2018. Upon mo-
tion the documents were received and filed.
19. Amendment to 2018 State Legislative Priorities: City Manager recommending ap-
proval of the amended 2018 State Legislative Priorities to include Mental Health and
Dubuque Community School District partner priority resolution of Formula and Transpor-
tation Inequities. Upon motion the documents were received, filed and approved.
20. Mediacom Communications Company: Correspondence from Lee Grassley, Sen-
ior Manager of Government Relations for Mediacom Communications Company, inform-
ing the City of rate adjustments being implemented on or about March 1 , 2018. Upon
motion the documents were received and filed.
21 . Housing Commission Cross Representation Recommendations: Housing Commis-
sion recommending approval of two Housing Commissioners for cross representation on
the Community Development Advisory Commission and the Housing Trust Fund Advisory
Committee as required by City Code. Upon motion the documents were received, filed
and approved.
22. Improvement Contracts / Performance, Payment and Maintenance Bonds: Drew
Cook & Sons Excavating Co. for the Grand River Center North Parking Lot Repairs Pro-
ject; Westphal & Company, Inc. for the Grand River Center Floor Box Replacement Pro-
ject. Upon motion the documents were received, filed and approved.
23. Signed Contract(s): IIW, PC Technical Services Task Order No. 17-03 for the 17th
Street/W. Locust Street Storm Sewer Improvements Project; IIW, PC Technical Services
Task Order No. 18-01 for 22nd St./Kaufmann Ave. Storm Sewer Improvement Project;
Pillar Design Studios, LLC for Dubuque Skate Park Designer and Landscape Architect;
Releases of Mortgage for Duaine Greenfield (190 Main St.); Hartig Realty II, LC (703 Main
St.); Don Junk (65-73 Main St.); Security Investments, LLC (800 Main St.); Security Part-
ners, LP (800 Main St.); and Town Clock Building Co. (823-835 Main St.). Upon motion
the documents were received and filed.
24. Business License Refund Request - Yesway #1139: Request from BW Gas and
Convenience Retail, LLC for a refund of the Tobacco Permit DBQ-77-18 issued to
Yesway #1139 for an anticipated purchase of 2175 Central Ave. that did not occur. Upon
motion the documents were received, filed and approved.
25. 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. 27-18 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.
9
RESOLUTION NO. 27-18
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:
Renewal
Dubuque Religious Center, Inc. 923 Main St. Class B Wine (Sunday)
Hartig Drug Company #4 2225 Central Ave. Class E Liquor, Class B
Wine, Class C Beer (Sun-
day)
Gin Rickey's 1447 Central Ave. Class C Liquor (Sunday)
Cuemaster Billiards 900 Central Ave. Class C Liquor (Outdoor)
(Sunday)
Permanent Transfer
Tri-State Independent Blind So- 3333 Asbury Rd. to Special Class C Liquor
ciety Inc. 1068 Cedar Cross Rd.
Passed, approved and adopted this 5th day of February, 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
26. 2017 Year in Review Public Information Brochure: City Manager transmitting the
City of Dubuque 2017 Year in Review Public Information Brochure. Upon motion the doc-
ument was received and filed.
ITEMS SET FOR PUBLIC HEARING
Motion by Resnick 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 Del Toro. Motion carried 7-0.
1 . Proceedings to Set Public Hearing for Series 2018A & B General Obligation (GO)
Bonds: City Manager recommending that the City Council set a public hearing for Febru-
ary 19, 2018, on the proposition of selling not to exceed $12,750,000 General Obligation
10
Bonds. Upon motion the documents were received and filed and Resolution No. 28-17
Fixing date fora meeting on the proposition of the issuance of not-to-exceed $12,750,000
General Obligation Bonds of the City of Dubuque, State of Iowa (for Essential Corporate
Purposes), and providing for publication of notice thereof was adopted w setting a public
hearing for a meeting to commence at 6:00 p.m. on February 19, 2018 in the Historic
Federal Building.
RESOLUTION NO. 28-18
FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT
TO EXCEED $12,750,000 GENERAL OBLIGATION BONDS OF THE CITY OF DUBU-
QUE, STATE OF IOWA (FOR ESSENTIAL CORPORATE PURPOSES), AND PROVID-
ING FOR PUBLICATION OF NOTICE THEREOF
Whereas, it is deemed necessary and advisable that the City of Dubuque, State of
Iowa, should issue General Obligation Bonds, to the amount of not to exceed
$12,750,000, as authorized by Section 384.25 of the Code of Iowa, for the purpose of
providing funds to pay costs of carrying out essential corporate purpose project(s) as
hereinafter described; and
Whereas, before the Bonds may be issued, it is necessary to comply with the provi-
sions of the Code, and to publish a notice of the proposal to issue such bonds and of the
time and place of the meeting at which the Council proposes to take action for the issu-
ance of the Bonds and to receive oral and/or written objections from any resident or prop-
erty owner of the City to such action.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, STATE OF IOWA:
That this Council meet in the Historic Federal Building, 350 West 6th Street, Dubuque,
Iowa, at 6:30 P.M., on the 19th day of February, 2018, for the purpose of taking action on
the matter of the issuance of not to exceed $12,750,000 General Obligation Bonds, for
essential corporate purposes, the proceeds of which bonds will be used to provide funds
to pay the costs of equipping the public works and transit departments, including the ac-
quisition of emergency radio equipment and systems; and refunding or refinancing certain
outstanding indebtedness of the City, including General Obligation Bonds, Series 2011A,
dated September 1 , 2011 , General Obligation Bonds, Series 2012E, dated December 10,
2012, General Obligation Urban Renewal Bonds, Series 2012H, dated December 10,
2012, Taxable General Obligation Bonds, Series 2011 B, dated September 1 , 2011 , Tax-
able General Obligation Bonds, Series 2012F, dated December 10, 2012, and Taxable
General Obligation Refunding Bonds, Series 20121, dated December 4, 2012.
To the extent any of the projects or activities described in this resolution may be rea-
sonably construed to be included in more than one classification under Division III of
Chapter 384 of the Code of Iowa, the Council hereby elects the "essential corporate pur-
pose" classification and procedure with respect to each such project or activity, pursuant
to Section 384.28 of the Code of Iowa.
That the Clerk is hereby directed to cause at least one publication to be made of a
notice of the meeting, in a legal newspaper, printed wholly in the English language, pub-
lished at least once weekly, and having general circulation in the City. The publication to
be not less than four clear days nor more than twenty days before the date of the public
meeting on the issuance of the Bonds.
11
The notice of the proposed action to issue bonds shall be in substantially the [Provided]
form.
Passed, approved and adopted this 5th day of February, 2018.
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 Boards/Commissions.
1 . Housing Commission: One, 3-year term through August 17, 2018 (Vacant term of
Shaw); One, 3-year term through August 17, 2019 (Vacant term of Heinke). Applicants:
Adam Babinat, 54 Milwaukee St.; and Gail Weitz, 1630 Lori Ct. Mr. Babinat spoke in
support of his appointment and provided a brief biography. The City Clerk acknowledged
receipt of a letter submitted by Ms. Weitz.
Appointment was made to the following Board/Commission.
2. Community Development Advisory Commission: Two, 3-year terms through Febru-
ary 15, 2021 (Expiring At-Large term of Wainwright and Low-/Moderate-Income Area term
of Woodyard). Applicants: Thomas Wainwright, 1788 Lori St. (Qualifies as At-Large); and
Julie Woodyard, 2015 Washington St. (Qualifies as Low-/Moderate-Income Area). Motion
by Jones to appoint Mr. Wainwright and Ms. Woodyard to terms through February 15,
2021 . Seconded by Del Toro. Motion carried 7-0.
ACTION ITEMS
1 . Five Flags Center Quarterly Report: SMG Regional General Manager HR Cook
shared the quarterly report on the Five Flags Civic Center. Topics included: First and
Second Quarter Financials for gross ticket sales and attendance; first half FY18 operating
revenue and expenses; review of last half CY17 notable events; map of ticket buyers,
cities, sales channels, ages and income; review of website traffic and website statistics;
SMG Turnkey survey of service and venue; review of media relations; new and current
venue partners; changes to food & beverage; first and second quarter food and beverage
financials; third quarter capital initiatives; notable upcoming events. Motion by Resnick to
receive and file the documents. Seconded by Jones. Motion carried 7-0.
Responding to questions from the City Council, Mr. Cook addressed working with other
local venues regarding cross-over events that may conflict with each other; the de-
mographics behind ticket prices, sales and concession numbers; and how revenues gen-
erally increase during the last half of the fiscal year with the timing of bigger events; and
challenges with working in an older facility. City Manager Van Milligen stated that the
feasibility study of the Five Flags Center is due to come to Council this March.
12
2. Comprehensive Annual Financial Report (CAFR) and Auditor's Communication for Fis-
cal Year Ended June 30, 2017: City Manager transmitting the Fiscal Year 2017 Compre-
hensive Financial Report (CAFR), Auditor's Communication with Those Charged with
Governance Letter, along with the City Finance staffs responses to Auditor's findings.
Finance Director Jean Nachtman made brief verbal presentation that explained the layout
and content of the different chapters of the Report. Responding to questions from the City
Council, Ms. Nachtman noted that due to the City's type of investments, it is not vulnera-
ble to extreme fluctuations in the Stock Market currently happening. Motion by Jones to
receive and file the documents. Seconded by Del Toro. Motion carried 7-0.
3. Code of Ordinances Amendment - Title 14 Criminal Background Checks for Pro-
spective Tenants: City Manager recommending approval of an amendment to the City of
Dubuque Code of Ordinance which requires that criminal background checks for all pro-
spective tenants be performed before tenancy begins. 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 Del Toro. Responding to questions from the City
Council City Manager Van Milligen stated that he meets with the Landlord Association
monthly, the City has not defined if a background check is done before or after tenancy
is established. He added that some landlords do not comply despite the City offering
background checks as a free service. Police Chief Mark Dalsing stated that most back-
ground checks can be completed within 24 hours or while the applicant waits. Motion
carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 1-18 Amending
City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Build-
ing Codes, Article J Property Maintenance Code, Section 14-1J-3 Rental Licenses. Se-
conded by Larson. Motion carried 7-0.
ORDINANCE NO. 1-18
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND
DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE J PROPERTY MAINTE-
NANCE CODE, SECTION 14-1J-3 RENTAL LICENSES
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . Section 14-1 J-3 of the City of Dubuque Code of Ordinances is amended to
read as follows:
14-1J-3: RENTAL LICENSES:
I. Conditions of Rental Licenses: The city manager is hereby authorized to issue and
renew a rental license in the name of the applicant property owner, manager, or licensed
real estate professional, provided the following criteria are met:
4. Criminal Background Checks:
a. The property owner, manager, or licensed real estate professional agrees
to conduct criminal background checks for all prospective tenants whose tenancy
commences on or after July 1 , 2011 . A background check may be performed
13
using the city's free background check service or by another background check
service approved by the city manager. The background checks must be com-
pleted before the prospective tenant's tenancy begins.
b. The city manager may waive the criminal background check requirement
upon the submission of a written request by a property owner, manager, or li-
censed real estate professional and after a finding that:
(1) The property is properly licensed by the city of Dubuque;
(2) The property has no history of priority category designation or any
founded code violations within the previous twelve (12) months; and
(3) A waiver will not create a danger to nearby residents.
Section 2. This Ordinance takes effect on publication.
Passed, approved, and adopted the 5th day of February, 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
4. Code of Ordinances Amendment - Title 6 Construction and Building Materials and
Public Nuisances: City Manager recommending approval of an amendment to the City of
Dubuque Code of Ordinances Section 6-4-3(S) to add time frames in which certain con-
struction and building materials must be used at a building site to avoid becoming a public
nuisance. 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 meet-
ings prior to the meeting at which it is to be passed be suspended. Seconded by Del Toro.
Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 2-18 Amending
City of Dubuque Code of Ordinances Title 6 Health, Housing, Sanitation and Environ-
ment, Chapter 4 Nuisances, Section 6-4-3 Public Nuisance Defined; Public Nuisance De-
fined; Public Nuisances Enumerated. Seconded by Del Toro. Motion carried 7-0.
ORDINANCE NO. 2-18
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 6 HEALTH, HOUS-
ING, SANITATION AND ENVIRONMENT, CHAPTER 4 NUISANCES, SECTION 6-4-3
PUBLIC NUISANCE DEFINED; PUBLIC NUISANCES ENUMERATED
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . Section 6-4-3 of the City of Dubuque Code of Ordinances is amended to
read as follows:
6-4-3: PUBLIC NUISANCE DEFINED; PUBLIC NUISANCES ENUMERATED:
Whatever is injurious to the public health or safety or an obstruction to the free use of
property so as to interfere with the comfortable enjoyment of life or property by the public
shall be deemed a "public nuisance". A "public nuisance" shall include, but not be limited
to, the following:
S. Construction and Building Materials: Outdoor storage of construction and building
materials, except those that are stored in a manner to protect their utility, prevent de-
terioration, and are used at the site within the timespan of an applicable building permit,
14
one hundred eighty days, or a time frame proposed by the property owner that has
been approved by the city.
Section 2. This Ordinance takes effect on publication.
Passed, approved, and adopted the 5th day of February, 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. Owner's Representative Agreement between Dubuque Initiatives and the City of
Dubuque: City Manager recommending approval of a contract between Dubuque Initia-
tives and the City of Dubuque for City services provided in conjunction with Dubuque
Initiative's redevelopment of the Flexsteel Industries, Inc. site at 3400 Jackson Street.
Motion by Resnick to receive and file the documents and adopt Resolution No. 29-18
Approving a Professional Contact between Dubuque Initiatives and the City of Dubuque
and for the Engineering Department to provide engineering consulting services for the
Flexsteel Redevelopment Project. Seconded by Del Toro. Motion carried 7-0.
RESOLUTION NO. 29-18
APPROVING A PROFESSIONAL CONTRACT BETWEEN DUBUQUE INITIATIVES
AND THE CITY OF DUBUQUE AND FOR THE ENGINEERING DEPARTMENT TO
PROVIDE ENGINEERING CONSULTING SERVICES FOR THE FLEXSTEEL REDE-
VELOPMENT PROJECT
Whereas, Dubuque Initiatives is a non-profit organization whose mission is to work as
a community partner and catalyst, to undertake challenging projects involving job creation
and/or community revitalization that supports a viable, livable and equitable community;
and
Whereas, Dubuque Initiatives is proceeding with the redevelopment of the Flexsteel
Industries, Inc. property located at 3400 Jackson Street (the Project); and
Whereas, the Project has been identified as an opportunity to revitalize the North End
of the city through the preparation of property for industrial purposes; and
Whereas, the Board of Directors of Dubuque Initiatives desires to enter into an agree-
ment with the City of Dubuque and its Engineering Department for engineering consulting
services; and
Whereas, the Agreement authorizes the City of Dubuque to provide engineering ser-
vices for the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . That said Agreement between Dubuque Initiatives and City of Dubuque to
provide engineering services for the Flexsteel Redevelopment Project is hereby ap-
proved.
Section 2. That the City Manager is hereby authorized and directed to execute said
Agreement between Dubuque Initiatives and City of Dubuque to provide engineering ser-
vices for the Flexsteel Redevelopment Project.
Passed, approved and adopted this 5th day of February, 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl City Clerk
15
6. Iowa Economic Development Authority- Heartland Financial USA, Inc. Contract: City
Manager recommending approval of a resolution approving an Economic Development
Assistance Contract by and among Heartland Financial USA, Inc., the City of Dubuque,
and the Iowa Economic Development Authority for an expansion by Heartland Financial
of its operations in Dubuque. Motion by Jones to receive and file the documents and adopt
Resolution No. 30-18 Authorizing the execution of a contract for State Business Financial
Assistance by and among Heartland Financial, USA, Inc., Dubuque Bank & Trust, the
City of Dubuque, Iowa and the Iowa Economic Development Authority. Seconded by Del
Toro. Motion carried 7-0.
RESOLUTION NO. 30-18
AUTHORIZING THE EXECUTION OF A CONTRACT FOR STATE BUSINESS FINAN-
CIAL ASSISTANCE BY AND AMONG HEARTLAND FINANCIAL USA, INC., DUBU-
QUE BANK & TRUST, THE CITY OF DUBUQUE, IOWA, AND THE IOWA ECONOMIC
DEVELOPMENT AUTHORITY
Whereas, Heartland Financial USA, Inc., and Dubuque Bank & Trust, have proposed
making a One Million Two Hundred Thousand Dollar ($1 ,200,000.00) investment in ten-
ant improvements to over fourteen thousand square feet (14,000 sq. ft.) of office space
in the Roshek Building at 700 Locust Street in the City of Dubuque, Iowa which will allow
the creation of thirty-one (31) full-time jobs in the City; and
Whereas, the City Council of the City of Dubuque, Iowa has considered the proposal
and has determined that the proposed project will contribute to the local economy; and
Whereas, financial assistance from the Iowa Economic Development Authority is de-
signed to assist in the economic development efforts of local jurisdictions; and
Whereas, the Iowa Economic Development Authority has requested execution of an
Economic Development Assistance Contract in order to finalize incentives and document
associated terms for the tenant improvements of Heartland Financial USA, Inc., and
Dubuque Bank & Trust's proposed project at 700 Locust Street in the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . That the execution of the Economic Development Assistance Contract 18-
DF/TC-016 for participation in the Iowa Economic Development Authority's Financial As-
sistance Program on behalf of Heartland Financial USA, Inc., and Dubuque Bank& Trust,
a copy of which is attached hereto, is hereby approved.
Section 2. That the Mayor is hereby authorized to execute and the City Manager is
hereby directed to submit the Economic Development Assistance Contract to the Iowa
Economic Development Authority together with such other documents as may be re-
quired.
Passed, approved, and adopted this 5th day of February, 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
16
7. Iowa Economic Development Authority Contract with Cottingham & Butler Insurance
Services, Inc.: City Manager recommending approval of a contract by and among Cot-
tingham & Butler, Inc., the City of Dubuque and the Iowa Economic Development Author-
ity for the expansion of Cottingham & Butler's operations at 800 Main Street. Motion by
Resnick to receive and file the documents and adopt Resolution No. 31-18 Authorizing
the execution of a contract for State Business Financial Assistance by and among Cot-
tingham & Butler Insurance Services, Inc., the City of Dubuque, Iowa and the Iowa Eco-
nomic Development Authority. Seconded by Larson. Motion carried 7-0.
RESOLUTION NO. 31-18
AUTHORIZING THE EXECUTION OF A CONTRACT FOR STATE BUSINESS FINAN-
CIAL ASSISTANCE BY AND AMONG COTTINGHAM & BUTLER INSURANCE SER-
VICES, INC., THE CITY OF DUBUQUE, IOWA, AND THE IOWA ECONOMIC DEVEL-
OPMENT AUTHORITY
Whereas, Cottingham & Butler Insurance Services, Inc. has proposed making a Two
Million Thee Hundred Thousand Dollar ($2,300,000.00) investment in tenant improve-
ments to its existing property at 800 Main Street in the City of Dubuque, Iowa which will
allow the creation of twenty (20) full-time jobs in the City; and
Whereas, the City Council of the City of Dubuque, Iowa has considered the proposal
and has determined that the proposed project will contribute to the local economy; and
Whereas, financial assistance from the Iowa Economic Development Authority is de-
signed to assist in the economic development efforts of local jurisdictions; and
Whereas, the Iowa Economic Development Authority has requested execution of an
Economic Development Assistance Contract in order to finalize incentives and document
associated terms for the tenant improvements of Cottingham & Butler Insurance Services,
Inc.'s proposed project at 800 Main Street in the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . That the execution of the Economic Development Assistance Contract 18-
DF/TC-020 for participation in the Iowa Economic Development Authority's Financial As-
sistance Program on behalf of Cottingham & Butler Insurance Services, Inc., a copy of
which is attached hereto, is hereby approved.
Section 2. That the Mayor is hereby authorized to execute and the City Manager is
hereby directed to submit the Economic Development Assistance Contract to the Iowa
Economic Development Authority together with such other documents as may be re-
quired.
Passed, approved, and adopted this 5th day of February, 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
8. Request for Work Session - Inclusive Dubuque: City Manage requesting that the
City Council schedule a work session on Inclusive Dubuque for April 30, 2018 at 6:00
p.m. Motion by Del Toro to receive and file the documents and set the work session as
recommended. Seconded by Resnick. Motion carried 7-0.
17
9. Request for Work Session - National Disaster Resiliency Grant Update: City Man-
ager requesting that the City Council schedule a work session on the progress of the
National Disaster Resiliency Grant, which will cover the progress of the Bee Branch
Healthy Homes Program, for April 2, 2018 at 5:30 p.m. Motion by Larson to receive and
file the documents and set the work session as recommended. Seconded by Resnick.
Motion carried 7-0.
10. Mayor and City Council Appointments to Various Boards and Commissions: Addi-
tional discussion and confirmation of Mayor and Council Member appointments and rep-
resentation on various boards and commissions and determine outstanding appoint-
ments. Mayor Buol submitting his request to represent on the Dubuque Main Street Board
of Directors and Executive Committee. Upon Council concurrence, Council Member Rios
was appointed to the DRA Board of Directors, Mayor Buol was appointed to the Dubuque
Main Street Board of Directors and Executive Board, Council Member Kate Larson was
appointed to the Friends of the Mines of Spain Board, and Council Member Shaw was
appointed to the Travel Dubuque Sister City Committee.
11 . Fiscal Year 2019 Recommended Budget Transmittal: City Manager submitting the
Fiscal Year 2019 Recommended Budget Transmittal Message and provided a presenta-
tion. Topics included: property tax rate changes; City Council Vision Statement 2032 and
Mission Statement; Goals 2022; Policy Agenda top and high priorities 2017-2019; Man-
agement Agenda top and high priorities 2017-2019; Comprehensive Plan 2017; Review
of FY2016 budget actions; FY 2019 recommended budget including property tax calcula-
tions, new, eliminated, and unfrozen positions; staffing level comparisons; City debt issu-
ance, reduction plan, and debt limit comparison; General Fund reserve; strategic funding;
City utilities FY19 rate recommendations and comparison; Improvement Packages totals;
retired TIF subareas; review of State-funded backfill and impacts; gas & electric utility
property tax replacement; Local Option Sales Tax figures and issues; gaming revenue
reduction; multi-residential property tax classification and impact; health insurance
changes and impact; Jule Transit tax support, reductions and savings; Water& Resource
Recovery Center staffing transition and savings; Housing TIF Districts figures and pro-
grams; workforce crisis; the missions, impacts and accomplishments of the Opportunity
Dubuque program, the DREAM Center, the Campaign for Grade-Level Reading program,
Fountain of Youth Program, the Greater Dubuque 2022 Campaign; Dubuque's True North
Corporation program goals and CIP; review of the Community Perception Survey; review
and impacts of the Rental Housing Program and staffing changes in the Police Depart-
ment; Community Safety performance measure; Dilapidated Building Identification and
Assessment CIP; Assistance for Homeownership CIP; and FY2019 Budget Public Meet-
ings calendar. Responding to questions from the City Council regarding elimination of
positions, City Manager Van Milligen clarified the number of actual layoffs vs. frozen and
vacant positions to be eliminated. He added the City must adhere to State Civil Service
mandates, and that employees can apply for jobs through the Civil Service process.
18
CLOSED SESSION
Motion by Jones to convene in closed session at 8;44 p.m. to discuss pending litigation
and real estate transfer negotiations pursuant to Chapter 21 .5(1)(c), -(j) Code of Iowa.
Seconded by Resnick. Motion carried 7-0.
Mayor Buol stated for the record that the attorneys who will consult with City Council
on the issues to be discussed in the closed session are City Attorney Crenna Brumwell
and Senior Counsel Barry Lindahl.
Upon motion, the City Council reconvened in open session at 10:09 p.m. stating that
staff had been given proper direction.
There being no further business, upon motion the City Council adjourned at 10:10 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk.
19