2 18 19 City Council Proceedings Official_Regular1
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:00 p.m. on February 18, 2019
in the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Del Toro, Jones, Larson, Resnick, Rios
(Joined at 6:03 p.m.), Shaw; City Manager Van Milligen, City Attorney Brumwell
Mayor Buol read the call and stated this is a regular session of the City Council called
for the purpose of conducting such business that may properly come before the City
Council.
PLEDGE OF ALLEGIANCE
PRESENTATION(S)
1. Fire Unit Commendations: Fire Chief Rick Steines presented commendations to
several Fire Unit Personnel and Emergency Responders for a December 3, 2018 rescue
situation: Engine 501 – Shift One, Lt. M. Fitzpatrick, Medical Officer S. Janecke, and FF
D White; Engine 503 – Shift One, Lt. S. Berkley, FEO C. Lawrence, FF T. Krapfl; Engine
506 – Shift One, Lt. T. George, FEO D. Merkes; Ladder 512 – Shift One, Lt. M. Lynch,
FEO K. Mueller; Medic 551 – Shift One, Lt. M. Weitz, FF J. Schmitt; Command 528 –
Shift One, AC M. Ludescher, FEO R. Klaren
2. Iowa Tourism Outstanding Community Award Presentation [Postponed to March 4,
2019.]
PROCLAMATION(S)
1. Read Across America Day Proclamation (March 4, 2019) was accepted by Beth
McGrory of St. Mark Youth Enrichment, 1201 Locust St.
2. American Legion Centennial Month (March 2019), was accepted by Bob Felderman,
Commander of Post 6.
3. Irish-American Heritage Month Proclamation (March 2019), was accepted by Bob
Felderman, Recording Secretary of the Ancient Order of the Hibernians #2.
CONSENT ITEMS
Motion by Resnick to receive and file the documents, adopt the resolutions, and dis-
pose of as indicated. Seconded by Del Toro. Motion carried 7-0.
1. Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of
2/6; City Council Proceedings of 2/4, 2/7; Airport Commission of 1/28; Catfish Creek Wa-
tershed Management Authority of 2/7; Five Flags Civic Center Commission of 2/4; Invest-
ment Oversight Advisory Commission of 1/23; Library Board of Trustees City Council Up-
date #179 of 1/24; Zoning Advisory Commission of 2/6; Zoning Board of Adjustment of
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1/24; Proof of Publication for City Council Proceedings of 1/22, 1/28. Upon motion the
documents were received and filed.
2. Notice of Claims and Suits: Trever Allen for vehicle damage, Brian and Dee Collins
for property damage, Robert Krohmer for vehicle damage, Eric Mueller for property dam-
age; lawsuit by Jerry Brandenburg for personal injury. 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: Trever Allen for vehicle damage; Brian and Dee Collins for property dam-
age; Robert Krohmer for vehicle damage; and Eric Mueller for property damage. Upon
motion the documents were received, filed, and concurred.
4. Approval of City Expenditures: City Manager recommending Council approval for
payment of City expenditures. Upon motion the documents were received and filed, and
Resolution No. 49-19 Authorizing the Finance Director-City Treasurer to make certain
payments of bills that must be paid and approved for payment in accordance with City
procedures was adopted.
RESOLUTION NO. 49-19
AUTHORIZING THE FINANCE DIRECTOR-CITY TREASURER TO MAKE CERTAIN
PAYMENTS OF BILLS THAT MUST BE PAID AND APPROVED FOR PAYMENT IN
ACCORDANCE WITH CITY PROCEDURES
Whereas, Section 1-7-7(E) of the Municipal Code of the City of Dubuque provides that
the Finance Director-City Treasurer shall keep an accurate account of all disbursements,
money, or property, specifying date, to whom, and from what fund paid; and
Whereas, the invoices, presented by those firms and persons providing such goods
and services have been pre-audited by Finance Department personnel in accordance
with generally accepted internal control procedures and have been determined to have
been requisitioned for a lawful municipal purpose; and
Whereas, the Finance Director-City Treasurer has provided a list of Expenditures at-
tached hereto, and by this reference made a part hereof, to be drawn to pay for goods
and services provided for City purposes; and
Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 142 -
18 adopted May 7, 2018, authorized the Finance Director-City Treasurer to issue checks
in payment of certain expenditures known as Exception Expenditures prior to City Council
approval and such list is attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The Finance Director-City Treasurer is hereby authorized to issue payment
for goods and services provided for City purposes in response to the purchase orders
and contracts issued in compliance with state and municipal code requirement s as re-
quested by designated requisitioning authorities in accordance with approved budget ap-
propriations.
Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Finance
Director are hereby authorized and directed to provide the statement of receipts and dis-
bursements to the City Council, and to publish a summary thereof.
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Passed, approved, and adopted this 18th day of February 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. Quarterly Investment Report for December 31, 2018: City Manager transmitting the
attached December 31, 2018 Quarterly Investment Report. Upon motion the documents
were received and filed.
6. Human Rights Department Annual Report: City Manager transmitting the FY2019
Human Rights Department Annual Report. Upon motion the documents were received
and filed.
7. Intermodal Transportation Center Featured in IA Architect Magazine : City Manager
providing an excerpt from IA Architect Magazine in which the Dubuque Intermodal Trans-
portation Center is featured. Upon motion the document was received and filed.
8. Bee Branch Watershed Flood Mitigation Project News : City Manager providing a
copy of the Bee Branch Watershed Flood Mitigation Project News public information bro-
chure. Upon motion the document was received and filed.
9. Landlord's Priority Category Owner/Agent Guidesheet : City Manager providing in-
formation on a Landlord’s “Priority Category” designation and a recently created guide
sheet. Upon motion the document was received and filed.
10. Dubuque Main Street Loan Pool Specs 2019 : City Manager providing a copy of
Dubuque Main Street's Central Avenue Acquisition and Rehabilitation Funding Loan Pool
specifications. Upon motion the document was received and filed.
11. DuRide Brochure and Information: City Manager providing a copy of the DuRide
public information brochure and statistics report from the February 13, 2019 FY20 Budget
Hearing No 3. Upon motion the document was received and filed.
12. Dupaco Community Credit Union - IEDA Application: City Manager recommending
approval of a resolution authorizing the submission of an Iowa Economic Development
Authority Business Financial Assistance Application by Dupaco Voices LLC, Dupaco RE
Management LLC, Dupaco Holding, LLC, and Dupaco Community C redit Union to the
Iowa Economic Development Authority. Upon motion the documents were received and
filed, and Resolution No. 50-19 Authorizing the filing of an application for State Business
Financial Assistance on behalf of Dupaco Voices, LLC, Dupaco RE Management, LLC,
Dupaco Holdings, LLC and Dupaco Community Credit Union was adopted.
RESOLUTION NO. 50-19
AUTHORIZING THE FILING OF AN APPLICATION FOR STATE BUSINESS FINAN-
CIAL ASSISTANCE ON BEHALF OF DUPACO VOICES LLC, DUPACO RE MANAGE-
MENT LLC, DUPACO HOLDING, LLC, AND DUPACO COMMUNITY CREDIT UNION
Whereas, Dupaco Voices LLC, Dupaco RE Management LLC, Dupaco Holding, LLC,
and Dupaco Community Credit Union have proposed making a Thirty-Eight Million Dollar
($38,000,000.00) investment for the creation of 82,800 square feet of office space in the
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redevelopment of the five-story Voices Building at 1000 Jackson Street in the City of
Dubuque, Iowa (the Project); and
Whereas, the City Council of the City of Dubuque, Iowa has considered the proposal
and has determined that the Project will contribute to the local economy through the cre-
ation of forty (40) full-time jobs in the City; 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 Project; and
Whereas, the City Council finds that the filing of an Application for participation in the
Iowa Economic Development Authority’s Financial Assistance Program on behalf of
Dupaco Voices LLC, Dupaco Re Management LLC, Dupaco Holding, LLC, and Dupaco
Community Credit Union, a copy of which is attached hereto, should be hereby approved.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the filing of an Application for participation in the Iowa Economic De-
velopment Authority’s Financial Assistance Program on behalf of Dupaco Voices LLC,
Dupaco Re Management LLC, Dupaco Holding, LLC, and Dupaco Community Credit Un-
ion, is hereby approved.
Section 2. That the Mayor is hereby authorized to execute and the City Manager is
hereby directed to submit the Application to the Iowa Economic Development Authority
together with such other documents as may be required.
Passed, approved, and adopted this 18th day of February 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
13. Addition of Economic Development Intern: City Manager recommending approval
to hire a temporary intern for the Economic Development Department starting immedi-
ately. Upon motion the documents were received and filed, and Resolution No. 51-19
Approving the creation of an Economic Development Intern position was adopted.
RESOLUTION NO. 51-19
APPROVING THE CREATION OF AN ECONOMIC DEVELOPMENT INTERN POSI-
TION
Whereas, the Economic Development Department (Department) has part-time admin-
istrative staff for the support of three full-time staff; and
Whereas, Department would benefit from the addition of staff to address administrative
tasks; and
Whereas, a part-time intern is an economical method of providing additional staff sup-
port; and
Whereas, it is deemed necessary that the City Council approve the addition of any
employee position.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the addition of a 0.25 full-time equivalent Economic Development In-
tern position is hereby approved.
Section 2. 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.
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Passed, approved and adopted this 18th day of February 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
14. Complete Action $2,763,000 Sewer Revenue Capital Loan Notes, Series 2019
(State of Iowa Revolving Fund Loan) - Kerper Boulevard Sanitary Sewer Reconstruction
Project: City Manager recommending approval of the suggested proceedings to complete
action required on the $2,763,000 Sewer Revenue Capital Loan Notes (State Revolving
Loan Fund Program) to be used to fund the Kerper Boulevard Sanita ry Reconstruction
project and the Eagle Point Park Environmental Restoration Sponsorship Project. Upon
motion the documents were received and filed, and Resolution No. 52-19 Series Resolu-
tion Authorizing and providing for the issuance and securing the paym ent of $2,763,000
Sewer Revenue Capital Loan Notes, Series 2019 by the City of Dubuque, Iowa under the
provisions of Chapter 384 of the Code of Iowa, providing for a Method of Payment thereof,
approving Loan and Disbursement Agreement, Tax Exemption Certif icate, and other re-
lated matters was adopted.
RESOLUTION NO. 52-19
AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SECURING THE PAY-
MENT OF $2,763,000 SEWER REVENUE CAPITAL LOAN NOTES, SERIES 2019 BY
THE CITY OF DUBUQUE, IOWA UNDER THE PROVISIONS OF CHAPTER 384 OF
THE CODE OF IOWA, PROVIDING FOR A METHOD OF PAYMENT THEREOF, AP-
PROVING LOAN AND DISBURSEMENT AGREEMENT, TAX EXEMPTION CERTIFI-
CATE, AND OTHER RELATED MATTERS
Whereas, the City Council of the City of Dubuque, Iowa (the "City") has h eretofore
established charges, rates and rentals for services which are and will continue to be col-
lected as system revenues of the Municipal Sewer System, and said revenues are avail-
able for the payment of sewer revenue bonds or notes, subject to the foll owing premises;
and
Whereas, by Resolution No. 437-08 passed and approved on December 15, 2008 (the
"Master Resolution"), the City Council heretofore authorized the issuance of $2,000,000
Sewer Revenue Capital Loan Notes, Series 2009A, for the purpose of f inancing the con-
struction of the Series 2009A Project described therein, and to pay related costs of issu-
ance; and
Whereas, Issuer proposes to issue its Sewer Revenue Capital Loan Notes, Series
2019, to the extent of $2,763,000, for the purpose of defrayin g the costs of the Series
2019 Projects as set forth in Section 1 of this Resolution; and, it is deemed necessary
and advisable and in the best interests of the City that a form of Loan and Disbursement
Agreement by and between the City and the Iowa Finance Authority, be approved and
authorized; and
Whereas, notice of the intention of the City Council to take action for the issuance of
not to exceed $4,900,000 Sewer Revenue Capital Loan Notes has heretofore been duly
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
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Whereas, the Council has determined to issue additional Senior SRF Bonds, and has
determined that, upon passage of this Series Resolution all of the requirements of Article
VIII of the Master Resolution with respect to the issuance of additional Senior SRF Bonds
will have been satisfied.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IN THE COUNTY OF DUBUQUE, STATE OF IOWA:
ARTICLE I
DEFINITIONS
Section 1.1. Definitions. Except as 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 Mas-
ter Resolution. In addition, the following terms shall have the following meanings in this
Series Resolution unless the text expressly or by necessary implication requires other-
wise:
"Additional Bonds" shall mean any sewer revenue bonds or notes or other obliga-
tions issued on a parity with the Notes in accordance with the provisions of Section
23 hereof. Provided, however, Additional Bonds which are SRF Obligations shall
not be secured by the Reserve Fund and shall not be sub ject to the Reserve Fund
Requirement.
"Agreement" shall mean Loan and Disbursement Agreement dated as of the Clos-
ing between the City and the Original Purchaser relating to the Loan made to the
City under the Program.
"City" or "Issuer" shall mean the City of Dubuque, Iowa.
"Closing" shall mean the date of execution of the Agreement and delivery of the
Series 2019 Notes to the Original Purchaser and the funding of the Loan.
"Loan" shall mean the total principal amount allocated by the Original Purchaser
to the City under the Program, equal in amount to the aggregate principal amount
of the Series 2019 Notes.
"Master Resolution" means the City Council Resolution No. 437-08, passed and
approved on December 15, 2008, entitled "Master Resolution relating to the issu-
ance of Sewer 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 $2,000,000 Sewer Revenue Capital Loan Notes, Series
2009A, providing for a method of payment thereof, 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 2019 Notes from the City at the time of their original issuance.
"Program" shall mean the Iowa Water Pollution Control Works Financing Program
administered by the Original Purchaser.
"Series 2019 Notes" means the $2,763,000 Sewer Revenue Capital Loan Notes,
Series 2019, dated the date of delivery, authorized to be issued pursuant to this
Series Resolution.
"Series 2019 Costs of Issuance Account" means the account by that name within
the Project Fund established in Section 5.1 of the Master Resolution.
"Series 2019 Projects" shall mean the Projects being financed with the proceeds
of the Series 2019 Notes, consisting of the acquisition, construction, reconstruction,
extending, remodeling, improving, repairing and equipping all or part of the Munici-
pal Sewer System, including those costs associated with the Kerper Boulevard san-
itary sewer reconstruction project, as described generally in the Agreement and
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more particularly in the plans and specifications on file from time to time with the
City Clerk.
"Series 2019 Projects Account" means the account by that name within the Project
Fund established in Section 5.1 of the Master Resolution.
"Series 2019 Rebate Account" means the account by that name within the Rebate
Fund established in Section 6.10 of the Master Resolution.
"Series Resolution" means this 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 2019
Notes.
"Yield Restricted" shall mean required to be invested at a yield that is not materially
higher than the yield on the Notes under Section 148(a) of the Internal Revenue
Code or regulations issued thereunder.
ARTICLE II
THE SERIES 2019 Notes
Section 2.1. Series 2019 Notes - 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 Sewer Revenue Capital Loan Notes, Se-
ries 2019, in the aggregate principal amount of $2,763,000, dated the date of delivery, for
the purpose of constructing the Series 2019 Projects and paying Project Costs relating
thereto, and to pay related Costs of Issuance. The Series 2019 Notes shall be issued as
Senior SRF Bonds under the terms of the Master Resolution, shall be designated "CITY
OF DUBUQUE, IOWA, SEWER REVENUE CAPITAL LOAN NOTES, SERIES 2019", for
the purpose of paying costs of the Project. The Council, pursuant to Sections 384.24A
and 384.82 of the Code of Iowa, hereby finds and determines that it is necessary and
advisable to issue said Notes authorized by the Agreement and this Resolution.
The Series 2019 Notes and the Registrar’s Certificate of Authentication shall be in
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 2019 Notes shall be executed by the manual or facsimile signature of the
Mayor and attested by the manual or facsimile signature of the City Clerk of the Council,
and shall be fully registered as to both principal and interest as provided in this Series
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 2019 Notes may be in the de-
nomination of $1,000 or multiples thereof and shall at the request of the Original Pur-
chaser be initially issued a single note numbered R-1 in the amount of $2,763,000.
Sewer Revenue Capital Loan Notes, Series 2019, of the Issuer in the amount of
$2,763,000, shall be issued to evidence the obligations of the Issuer under the Agreement
pursuant to the provisions of Sections 384.24A and 384.82 of the Code of Iowa for the
aforesaid purpose. The Series 2019 Notes shall be designated "SEWER REVENUE CAP-
ITAL LOAN NOTE, SERIES 2019", be dated the date of delivery, and bear interest at the
rate of 1.75% per annum from the date of each advancement made under the Agreement,
until payment thereof, at the office of the Paying Agent, said interest payable on June 1,
2019, and semi-annually thereafter on the 1st day of June and December in each year
until maturity as set forth on the Debt Service Schedule attached to the Agreement as
Exhibit A and incorporated herein by this reference. As set forth on said Debt Service
Schedule, principal shall be payable on June 1, 2019 and annually thereafter on the 1st
day of June in the amounts set forth therein until principal and interest are fully paid,
8
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, 2038. Notwithstanding the foregoing or
any other provision hereof, principal and interest shall be payable as shown on said Debt
Service Schedule until completion of the Project, at which time the final Debt Service
Schedule shall be determined by the Original Purchaser based upon actual advance-
ments, final costs and completion of the Project, all as provided in the administrative rules
governing the Program. Payment of principal and interest on the Notes shall at all times
conform to said Debt Service Schedule and the rules of the Program.
In addition to the payment of principal of and interest on the Series 2019 Notes, the
City also agrees to pay the Initiation Fee and the Servicing Fee as defined and in accord-
ance with the terms of the Agreement.
Section 2.2. Issuance of Series 2019 Notes in Certificated Form. The Series 2019
Notes shall be issued as Bonds in Authorized Denominations and may at the request of
the Original Purchaser be issued in the denomination of $1,000 or multip les thereof, or
as a single Series 2019 Note in the full authorized amount thereof, and shall be registered
in the name of the Original Purchaser.
Section 2.3. Appointment of Registrar. The Treasurer is hereby appointed as Registrar
for the Series 2019 Notes under the terms of this Series Resolution.
Section 2.4. Execution, Authentication and Delivery of the Series 2019 Notes. Upon
the adoption of this Resolution, the Mayor and City Clerk shall execute and deliver the
Series 2019 Notes to the Registrar, who shall authenticate the same and deliver the same
to or upon order of the Original Purchaser. No such Series 2019 Note shall be valid or
obligatory for any purpose or shall be entitled to any right or benefit hereunder unless the
Registrar shall duly endorse and execute on such Series 2019 Note a Certificate of Au-
thentication substantially in the form of the Certificate herein set forth. Such Certificate
upon any such Series 2019 Note executed on behalf of the Issuer shall be conclusive
evidence that the Series 2019 Note so authenticated has been duly issued under this
Series Resolution and that the holder thereof is entitled to the benefits of this Series Res-
olution.
ARTICLE III
REDEMPTION OF BONDS
Section 3.1. Optional Redemption. The Series 2019 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 2019 Projects are damaged or destroyed. Any optional redemption of the Series
2019 Notes may be made from any funds regardless of source, in whole or from time to
time in part, in inverse order of maturity, by giving not less than thirty (30) days notice of
redemption by certified or registered mail to the Original Purchaser (or any other regis-
tered owner of the Series 2019 Notes). The terms of redemption shall be par, plus accrued
interest to date of call. The Series 2019 Notes are also subject to mandatory redemption
as set forth in Section 5 of the Agreement.
ARTICLE IV
DELIVERY AND APPLICATION OF PROCEEDS
Section 4.1. Application of Series 2019 Note Proceeds. The Series 2019 Notes shall
be delivered as provided in Sections 6.1 and 6.2 and the proceeds thereof shall be applied
as follows:
(i) An amount sufficient to pay the Costs of Issuance of the Series 2019 Notes shall
be deposited into the Series 2019 Costs of Issuance Account.
9
(ii) The balance of proceeds shall be deposited into the Series 2019 Projects Ac-
count of the Project Fund and applied thereafter to pay Project Costs of the Series
2019 Projects.
Section 4.2. No Adjustment to Debt Service Reserve Requirement. The Series 2019
Notes shall be issued as Senior SRF Bonds under the Master Resolution, and shall not
be secured by or payable from amounts held in the Debt Service Reserve Fund estab-
lished in the Master Resolution. Upon issuance of the Series 2019 Notes, the amount to
be accumulated and maintained in the Debt Service Reserve Fund, if any, shall not be
increased, but shall continue to remain equal to 100% of the Debt Service Reserve Re-
quirement computed on a basis which includes all Senior Bonds which will be Outstanding
immediately after issuance of the Series 2019 Notes and which are not Senior SRF
Bonds.
ARTICLE V
TAX PROVISIONS
Section 5.1. Disposition of Bond Proceeds; Arbitrage Not Permitted. The City reason-
ably expects and covenants that no use will be made of the proceeds from the issuance
and sale of the Series 2019 Notes issued hereunder which will cause any of the Series
2019 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 2019 Notes it will comply with
the requirements of said statute and regulations issued thereunder.
To the best knowledge and belief of the City, there are no facts or circumstances that
would materially change the foregoing statements or the conclusion that it is not expected
that the proceeds of the Series 2019 Notes will be used in a manner that would cause
such Bonds to be arbitrage bonds. Without limiting the generality of the foregoing, the
City hereby agrees to comply with the provisions of the Tax Exemption Certificate and the
provisions of the Tax Exemption Certificate are hereby incorporated by reference as part
of this Series Resolution. The Treasurer is hereby directed to make and insert all calcu-
lations and determinations necessary to complete the Tax Exemption Certificate in all
respects and to execute and deliver the Tax Exemption Certificate at issuanc e of the
Series 2019 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 2019
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 2019 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 2019 Notes to be classified as
arbitrage bonds under Section 148(a) and (b) of the Code.
The City covenants that it will proceed with due diligence to spend the proceeds of the
Series 2019 Notes for the purpose set forth in this Serie s 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 2019 Notes not to be exempt from
federal income taxes in the hands of holders under the provisions of the Code.
10
Section 5.2. Additional Covenants, Representations and Warranties of the City. The
City certifies and covenants with the purchasers and holders of the Series 2019 Notes
from time to time outstanding that the City through its officers, (a) will make such further
specific covenants, representations and assurances as may be necessary or advisable;
(b) comply with all representations, covenants and 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 2019 Notes; (c) consult with bond counsel
(as defined in the Tax Exemption Certificate); (d) pay to the United States, as necessary,
such sums of money representing required rebates of excess arbitrage profits relating to
the Series 2019 Notes; (e) file such forms, statements and supporting documents as may
be required and in a timely manner; and (f) if deemed 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 2019 Notes. The City shall deliver the executed Agree-
ment and the Series 2019 Notes to the Original Purchaser at the price of par on the date
of Closing. Delivery of the executed Agreement and the Series 2019 Notes shall be made
to the Original Purchaser as soon as practicable after the effective date of this Series
Resolution.
Section 6.2. Approval of Agreement. The Agreement in substantially the form pre-
sented at this meeting of the Council is 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 2019 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 2019 Notes and are hereby incorporated by reference and made a
part hereof to the same extent as if fully set forth herein. Except as may otherwise be
provided herein, the Master Resolution shall remain in full force and effect.
Section 6.5. Severability. If any section, paragraph, or provision of this Series Resolu-
tion shall be held to be invalid or 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 wi th the provisions
of this Series Resolution are, to the extent of such conflict, hereby repealed; and this
Series Resolution shall be in effect from and after its adoption.
Section 6.7 Reimbursement. This Resolution shall serve as a declaration of official
intent under Treasury Regulation 1.150-2 and shall be maintained on file as a public rec-
ord of such intent. It is reasonably expected that general and or sewer fund moneys may
11
be advanced from time to time for capital expenditures which are to be paid fro m the
proceeds of the above Notes. The amounts so advanced shall be reimbursed from the
proceeds of the Notes not later than eighteen months after the initial payment of the cap-
ital expenditures or eighteen months after the property is placed in service, s aid project
completion estimated to be approximately July 1, 2019. Such advancements shall not
exceed the amount authorized in this Resolution unless the same are for preliminary ex-
penditures or unless another declaration of intention is adopted.
Passed, approved and adopted this 18th day of February 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
15. Purchase of Services Grant Agreement - Operation New View Community Action
Agency: City Manager recommending approval of a Purchase of Services Grant Agree-
ment with Operation New View Community Action Agency for Fiscal Year 2019 for the
Tenant-Based Rental Assistance. Upon motion the documents were received, filed and
approved.
16. Urban Revitalization Area Tax Abatement Applications: City Manager recommend-
ing approval of a Resolution approving property tax abatement applications for 14 resi-
dential properties in recognized Urban Revitalization Areas, and authorizing transmittal
to the City Assessor for final review and determination of the amount of property tax
abatement. Upon motion the documents were received and filed, and Resolution No. 53-
19 Approving Property Tax Abatement Applications submitted by property owners in rec-
ognized Urban Revitalization Areas and authorizing the Transmittal of the approved ap-
plication to the City Tax Assessor was adopted.
RESOLUTION NO. 53-19
APPROVING PROPERTY TAX ABATEMENT APPLICATIONS SUBMITTED BY
PROPERTY OWNERS IN RECOGNIZED URBAN REVITALIZATION AREAS AND AU-
THORIZING THE TRANSMITTAL OF THE APPROVED APPLICATIONS TO THE CITY
TAX ASSESSOR
Whereas, Chapter 404 of the Code of Iowa, the Urban Revitalization Act, permits cities
to abate property taxes for improvements made to properties in designated revitaliza tion
areas; and
Whereas, the Urban Revitalization Act requires property owners to submit a written
application for abatement by February 1 of the assessment year for which the abatement
is first claimed, and further requires the City Council to approve all applications that meet
the requirements of the adopted Urban Revitalization Plan. Copies of the Urban Revitali-
zation applications are forwarded to the City Assessor for review by March 1 of each year;
and
Whereas, pursuant to the requirements of said Urban Revitalization Act, the following
Urban Revitalization Areas were established: Upper Main, Jackson Park, Washington
Neighborhood, West 11th Street, Upper Main, Cathedral, Old Main, and Kunkel & Asso-
ciates, Lange Estates; and
Whereas, the City of Dubuque, as of February 1, 2018, received residential tax abate-
ment applications from the following property owners in the aforementioned urban revi-
talization districts eligible for 100% abatement for the time period indicated:
12
District Address Property Owner Type of
Property
Exemp-
tion
Period
Cathedral 166 Bluff St. Jeff Maternach Residential 10-year
Cathedral 305 Jones St. Travis Nelson Residential 10-year
Cathedral 56 Bluff St. John McAndrews Residential 10-year
Jackson Park 180 W. 15th St. Fifteen Street Apt L.P. Multi-Family 10-year
Old Main 67 Main St. Jeff Burds Commercial 3-year
Upper Main 140 Loras Blvd Jaeger & Jaeger LLC Multi-Family 10-year
Upper Main 1363 Iowa St. Jaeger & Jaeger LLC Multi-Family 10-year
Washington 244 E. 14th St. Lucas Renner Residential 10-year
Washington 1241 Jackson St. Craig Boeke Residential 10-year
Washington 1328 Jackson St. Brendan Dettmer Residential 10-year
Washington 1710 Jackson St. Eric Allen Residential 10-year
Washington 2138 White St. Thomas McDermott Residential 10-year
West 11th 1145 Locust St. Stout LLC Multi-Family 10-year
West 11th 464 Loras Blvd Jill Mulford Residential 10-year
; and
Whereas, the Housing and Community Development Department has reviewed the
above-described applications, verified inspections of the properties, and determined the
applications and the improvements conform to all requirements of the City of Dubuque’s
Urban Revitalization Plans.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the above-described tax abatement applications meet the require-
ments of the City of Dubuque’s Urban Revitalization Plans.
Section 2. That the above-described tax abatement applications are hereby approved
by the City Council, subject to the review and approval of the City Assessor.
Section 3. That the City Clerk is hereby authorized and directed to forward the above -
described tax abatement applications to the City Assessor.
Passed, approved and adopted this 18th day of February 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
17. Mathias Ham House Campus Restoration Project Matching Funding Request: City
Manager recommending approval of a matching funding request for the Iowa Great
Places grant received by the Dubuque County Historical Society for the Mathias Ham
House Campus Restoration Project. Upon motion the documents were received, filed and
approved.
18. Awarding the NW Arterial & Plaza Drive Mastarm Replacement Project: City Man-
ager recommending that the contract award for the Northwest Arterial & Plaza Drive Mas-
tarm Replacement Project to Voltmer, Inc. be officially recorded in the minutes of the City
Council. Upon motion the documents were received, filed and made a Matter of Record.
19. Platinum Holdings, LLC Property Tax Appeal Dismissal: Senior Counsel submitting
information on the dismissal of a property tax appeal brought by Platinum Holding, LLC
for property at 350 Bell Street. Upon motion the documents were received and filed.
13
20. Dedication of Permanent Sanitary Sewer and Underground Electric Easement -
Steeple Square / Jackson Street Alley: City Manager recommending acceptance of the
Dedication of Permanent Sanitary Sewer and Underground Electric Easement across
Parts of Lots 1, 2 and 3 of City Lot 493 and City Lot 484 and Adjacent Public Alley, in the
City of Dubuque, which is located in the block between Jackson, White, 15th and 16th
Streets. Upon motion the documents were received and filed, and Resolution No. 54-19
Accepting a Dedication of Permanent Sanitary Sewer and Underground Electric Ease-
ment across parts of Lots 1, 2 And 3 of City Lot 493 and City Lot 484 and adjacent public
alley, in the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 54-19
ACCEPTING A DEDICATION OF PERMANENT SANITARY SEWER AND UNDER-
GROUND ELECTRIC EASEMENT ACROSS PARTS OF LOTS 1, 2 AND 3 OF CITY
LOT 493 AND CITY LOT 484 AND ADJACENT PUBLIC ALLEY, IN THE CITY OF
DUBUQUE, IOWA
Whereas, Opening Doors, Jackson Street School, LLC, and SS Event Center LLC
have dedicated to the Public a Permanent Sanitary Sewer and Underground Electric
Easement across Parts of Lots 1, 2 and 3 of City Lot 493 and City Lot 484 and Adjacent
Public Alley, in the City of Dubuque, Iowa, as shown of the Plat of Sanitary Sewer and
Underground Electric Easement as recorded in the Dubuque County Recorder’s Office
as document number 2019-00001429, a copy of which is attached hereto.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts
and consents to the Dedication of Permanent Sanitary Sewer and Underground Electric
Easement across Parts of Lot 2 and 3 of City Lot 493 and City Lot 484 and Adjacent
Public Alley, in the City of Dubuque, Iowa, Iowa from Opening Doors, Jackson Street
School, LLC, and SS Event Center LLC, as shown on the Plat of Sanitary Sewer and
Underground Electric Easement as recorded in the Dubuque County Recorder’s Office
as document number 2019-00001429, for the purposes of owning a nd maintaining an
existing public sanitary sewer main and for future underground electric utilities.
Section 2. The Mayor is hereby authorized and directed to execute and acknowledge
on behalf of the City of Dubuque any instruments in connection herewith.
Passed, approved and adopted this 18th day of February 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
21. Letter to State Legislators Regarding Legislative Property Tax Issues : City Man-
ager providing a copy of a letter to State Legislators regarding legislative property tax
issues. Upon motion the document was received and filed.
22. Iowa Department of Transportation (IDOT) Notification: Correspondence from the
Iowa Department Transportation notifying the City of a HMA (Hot Mix Asphalt) Joint and
Crack Sealing project on US 52 from Iowa 32 to North John Deere Road during Calendar
Year 2019. Upon motion the document was received and filed.
14
23. USDA Rural Utilities Services Notice of Extension of Public Comment Period : Cor-
respondence from the USDA Rural Utilities Services notifying the City of the extension of
the public comment period for Draft Environmental Impact statement for proposed Cardi-
nal-Hickory Creek Transmission Line. Upon motion the document was received and filed.
24. Alcohol License Renewals: Alcohol License Applications City Manager recom-
mending approval of annual beer, liquor and wine licenses as submitted. Upon motion
the documents were received and filed, and Resolution No. 55-19 Approving applications
for beer, liquor, and/or wine permits, as required by City of Dubuque Code of Ordinances
Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer
and Wine Licenses and Permits was adopted.
RESOLUTION NO. 55-19
APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS
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:
Renewals
Convivium Urban Farmstead 2811 Jackson St. Class C Liquor (Outdoor)
(Sunday)
Dollar General Store #10074 2400 Gateway Dr. Class C Beer, Class B Wine
(Sunday)
Dollar General Store #6896 605 W. Locust St. Class C Beer, Class B Wine
(Sunday)
Dollar General Store #7289 3250 Kennedy Cir.
Ste. 9
Class C Beer, Class B Wine
(Sunday)
Hammerheads Bar & Bil-
liards
2095 Kerper Blvd. Class C Liquor (Sunday)
Hy-Vee Market Cafe #3 400 Locust St. Class C Liquor (Catering)
(Sunday)
Millwork Marketplace 333 E. 10th St. Class C Liquor, Class B Wine
(Catering) (Outdoor) (Sunday)
Northside Bar, Inc. 2776 Jackson St. Class C Liquor (Outdoor)
(Sunday)
Pusateri’s Restaurant 2400 Central Ave. Class C Liquor (Sunday)
The Richards House B&B 1492 Locust St. Class B Native Wine (Living
Qtr.) (Sunday)
15
The Dungeon 302 Locust St. Class C Liquor (Sunday)
Town Clock Inn 799 Main St. Class C Liquor
New
Port of Dubuque Marina 450 E. 3rd St. Class B Beer, Class B Native
Wine (Outdoor) (Sunday)
Yardarm - 8-Month License 1201 Shiras Ave. Class C Liquor (Outdoor)
(Sunday)
Passed, approved, and adopted this 18th day of February 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
ITEMS SET FOR PUBLIC HEARING
1. Residential Parking Permit District H Amendment - Norland Drive – Initiate: City
Manager recommending that the City Council set a public hearing for March 4, 2019, on
the proposed amendment to Parking Permit District H to include both sides of Norland
Drive from Keymont Drive to Keystone Drive. Upon motion the documents were received
and filed, and Resolution No. 56-19 Setting a public hearing on amending Residential
Parking Permit District H to include both sides of Norland Drive from Keymont to Keystone
Drive was adopted setting a public hearing for a meeting to commence at 6:00 p.m. on
March 4, 2019 in the Historic Federal Building.
RESOLUTION NO. 56-19
SETTING A PUBLIC HEARING ON AMENDING RESIDENTIAL PARKING PERMIT
DISTRICT H TO INCLUDE BOTH SIDES OF NORLAND DRIVE FROM KEYMONT
DRIVE TO KEYSTONE DRIVE
Whereas, the City of Dubuque, pursuant to Ordinance 9 -14-321.740 of the Code of
Ordinances, has received a petition containing sufficient signatures requesting that the
area described as follows be included in Residential Parking Permit District H:
Norland Drive from Keymont Drive to Keystone Drive
Whereas, the City Manager, in accordance with Ordinance 9-14-321.740 recommends
that Residential Parking Permit District H be amended to include such areas and to modify
the day/time parking restrictions that the City Council set a public hearing on the request
to amend Residential Parking Permit District H.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council finds and determines that the request from petitioner
is valid for Norland Drive.
Section 2. That the City Clerk be authorized and directed to publish a notic e of public
hearing on amending Residential Parking Permit District H, to be held on March 4, 2019.
Passed, approved and adopted this 18th day of February 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Residential Parking Permit District H Amendment Sharon Drive – Initiate: City Man-
ager recommending that the City Council set a public hearing for March 4, 2019, on the
proposed amendment to Parking Permit District H to include both sides of Sharon Drive
from Pennsylvania Avenue to Key Corners. Upon motion the documents were received
and filed, and Resolution No. 57-19 Setting a public hearing on amending Residential
16
Parking Permit District H to include both sides of Sharon Drive from Pennsylvania Avenue
to Key Corners was adopted setting a public hearing for a meeting to commence at 6:00
p.m. on March 4, 2019 in the Historic Federal Building.
RESOLUTION NO. 57-19
SETTING A PUBLIC HEARING ON AMENDING RESIDENTIAL PARKING PERMIT
DISTRICT H TO INCLUDE BOTH SIDES OF SHARON DRIVE FROM PENNSYLVANIA
AVENUE TO KEY CORNERS
Whereas, the City of Dubuque, pursuant to Ordinance 9 -14-321.740 of the Code of
Ordinances, has received a petition containing sufficient signatures requesting that the
area described as follows be included in Residential Parking P ermit District H:
Sharon Drive from Pennsylvania Avenue to Key Corners
Whereas, the City Manager, in accordance with Ordinance 9-14-321.740 recommends
that Residential Parking Permit District H be amended to include such areas and to modify
the day/time parking restrictions that the City Council set a public hearing on the request
to amend Residential Parking Permit District H.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council finds and determines that the request from petitioner
is valid for Sharon Drive.
Section 2. That the City Clerk be authorized and directed to publish a notice of public
hearing on amending Residential Parking Permit District H, to be held on March 4, 2019.
Passed, approved and adopted this 18th day of February 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. Marquette Place Sanitary Sewer and Water Main Reconstruction Project – Initiate:
City Manager recommending initiation of the public bidding procedure for the Marquette
Place Sanitary Sewer and Water Main Reconstruction Project, and further recommends
that a public hearing be set for March 4, 2019. Upon motion the documents were received
and filed, and Resolution No. 58-19 Preliminary approval of plans, specifications, form of
contract, and estimated cost; setting date of public hearing on plans, specifications, form
of contract, and estimated cost and ordering the advertisement for bids was adopted set-
ting a public hearing for a meeting to commence at 6:00 p.m. on March 4, 2019 in the
Historic Federal Building.
RESOLUTION NO. 58-19
MARQUETTE PLACE SANITARY SEWER AND WATER MAIN RECONSTRUCTION
PROJECT
PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, 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 THAT:
Section 1. The proposed plans, specifications, form of contract and estimated cost for
the Marquette Place Sanitary Sewer and Water Main Reconstruction Project in the esti-
mated amount of $312,178.90 are hereby preliminarily approved and ordered filed in the
office of the City Clerk for public inspection.
17
Section 2. A public hearing will be held on the 4 th day of March 2019, at 6:00 p.m. in
the Historic Federal Building Council Chambers (second floor) 350 W. 6 th Street, Dubu-
que, Iowa, at which time interested persons may appear and be heard fo r 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.
Section 3. Marquette Place Sanitary Sewer and Water Main Reconstruction Project is
hereby ordered to be advertised for bids for construction.
Section 4. The amount of the security to accompany each bid shall be in an amount
which shall conform to the provisions of the Notice to Bidders hereby approved.
Section 5. The City Engineer is hereby directed to advertise for bids for the construction
of the improvements herein provided, by publish ing the attached Notice to Bidders to be
published in the Master Builders of Iowa Plan Room, The Construction Update Network
and posted on the City of Dubuque website at www.cityofdubuque.org/bids and which
notice shall be published not less than thirteen but not more than forty-five days before
the date for filing bids before 2:00 p.m. on the 7th day of March 2019. Bids shall be opened
and read by the City Clerk at said time and will be submitted to the Cit y Council for final
action at 6:00 p.m. on the 4th day of March 2019, in the Historic Federal Building Council
Chambers (second floor), 350 West 6th Street, Dubuque, Iowa.
Passed, adopted and approved this 18th day of February 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
4. North Cascade Road Set Fair Market Value: City Manager recommending that the
City Council set a public hearing for March 4, 2019 on the intent to commence a public
improvement project and to establish Just Compensatio n Valuation (Fair Market Value)
of necessary right-of-way property which the City intends to acquire or condemn, if re-
quired, for the North Cascade Road Reconstruction Project. Upon motion the documents
were received and filed, and Resolution No. 59-19 Setting a public hearing on the intent
to commence a Public Improvement Project for the North Cascade Road Reconstruction
Project and to acquire agricultural land for the Project and to establish just Compensation
Valuation (Fair Market Value) of necessary ri ght-of-way property which the City intends
to acquire or condemn if required was adopted setting a public hearing for a meeting to
commence at 6:00 p.m. on March 4, 2019 in the Historic Federal Building.
RESOLUTION NO. 59-19
SETTING A PUBLIC HEARING ON THE INTENT TO COMMENCE A PUBLIC IM-
PROVEMENT PROJECT FOR THE NORTH CASCADE ROAD RECONSTRUCTION
PROJECT AND TO ACQUIRE AGRICULTURAL LAND FOR THE PROJECT AND TO
ESTABLISH JUST COMPENSATION VALUATION (FAIR MARKET VALUE) OF NEC-
ESSARY RIGHT-OF-WAY PROPERTY WHICH THE CITY INTENDS TO ACQUIRE OR
CONDEMN IF REQUIRED
Whereas, Iowa Code § 6B.2A requires an acquiring agency to provide written notice
of a public hearing to each owner of record of agricultural land that may be the subject of
condemnation; and
18
Whereas, the City Council finds that it may be necessary to acquire or condemn in
whole or in part the following-described property for the North Cascade Road Reconstruc-
tion Project, between the bridge over Catfish Creek to EdVal Lane:
Parcel 1. Lot 2 of Lot 1 of the Southeast Quarter of the Southwest Quarter of Sec-
tion 34, Township 89 North, Range 2 East of the 5th Principal Meridian in Dubuque
County, Iowa, according to the United States Government Survey and the recorded
plats thereof subject to highway and easements of record.
Parcel 2. Lot 2 of Lot 2 of Ohmert Farm in Section 3, Township 88 North, Range 2
East of the 5th Principal Meridian in Table Mound Township, Dubuque County, Iowa,
according to the United States Government Survey and the recorded plats thereof
subject to highway and easements of record.
Parcel 5. Lot 1 of Valentine Place No. 3, Section 3, Township 88 North, Range 2
East of the 5th Principal Meridian, in Dubuque County, Iowa, according to the United
States Government Survey and the recorded plats thereof subject to highway and
easements of record.
Parcel 10. The Southeast Quarter of the Southwest Quarter of the Southwest
Quarter of Section 34, Township 89 North, Range 2 East of the 5th Principal Merid-
ian, Dubuque County, Iowa, according to the United States Government Survey and
the recorded plats thereof subject to highway and easements of record.
Parcel 11. Lot 1 of Lot 1 of the Southeast Quarter of the Southwest Quarter of
Section 34, Township 89 North, North, Range 2 East of the 5th Principal M eridian,
Dubuque County, Iowa, according to the United States Government Survey and the
recorded plats thereof subject to highway and easements of record; and
Whereas, the owner of the Parcel 1 is Howard & Sandra Arensdorf; and
Whereas, the owner of the Parcel 2 is Howard & Sandra Arensdorf, and Jeff Arensdorf;
and
Whereas, the owner of the Parcel 5 is Gary Valentine; and
Whereas, the owner of the Parcel 10 is John Steger and Heyo Tjarks; and
Whereas, the owner of the Parcel 11 is John Steger and Heyo Tjarks; and
Whereas, a public hearing should be set on the City’s intent to commence a public
improvement project for the North Cascade Road Reconstruction Project and to acquire
or condemn, if necessary, Parcels 1, 2, 5, 10 and 11; and
Whereas, notice of the public hearing should be published and mailed as required by
law to the owners of Parcels 1, 2, 5, 10 and 11.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
The City Engineer is hereby authorized and directed to cause a notice in the form
attached hereto to be mailed to each of the owners and published as prescribed by Iowa
Code § 6B.2A of a public hearing on the City's intent to commence a public improvement
project for the North Cascade Road Reconstruction Project and to acquire or condemn in
whole or in part, if necessary, Parcels 1, 2, 5, 10 and 11, to be held on the 4th day of
March, 2019, at 6:30 o'clock p.m. in the Historic Federal Building Council Chambers (sec-
ond floor), 350 West 6th Street, Dubuque, Iowa.
Passed, approved and adopted this 18th day of February 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
19
5. Water Distribution System Zone 2 Improvements: Roosevelt Street 1.25MG Ele-
vated Water Tower Project: City Manager recommending that the City Council set March
4, 2019 as the public hearing for the Water Distribution System Pressure Zone 2 Improve-
ments: Roosevelt Street 1.25 MG Elevated Water Tower Project, Contract A and Contract
B. Upon motion the documents were received and filed, and Re solution No. 60-19 Pre-
liminary approval of plans, specifications, form of contract, and estimated cost; setting
date of public hearing on plans, specifications, form of contract, and estimated cost; and
ordering the advertisement for bids was adopted setting a public hearing for a meeting to
commence at 6:00 p.m. on March 4, 2019 in the Historic Federal Building.
RESOLUTION NO. 60-19
THE WATER DISTRIBUTION SYSTEM PRESSURE ZONE 2: ROOSEVELT STREET
1.25 MG ELEVATED WATER TOWER PROJECT CONTRACTS A AND B
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 THAT:
Section 1. The proposed plans, specifications, form of contract and estimated cost for
the Water Distribution System Pressure Zone 2 Improvements: Roosevelt Street 1.25 MG
Elevated Water Tower Project, identified as Contract A: Roosevelt Street Water Tower
and Water Distribution Improvements in the estimated amount of $2,900,000; and Con-
tract B: Eagle Point Water Treatment Plant and Water Distribution Improvements, in the
estimated amount of $1,026,000, for a total combined project amount of $3,926,000, are
hereby preliminarily approved and ordered filed in the office of the City Clerk for public
inspection.
Section 2. A public hearing will be held on the 4 th day of March, 2019 at 6:00 p.m. in
the Historic Federal Building Council Chambers (second floor) 350 W. 6th Street, Dubu-
que, Iowa, at which time interested persons may appear and be heard for or against the
proposed plans and specifications, form of contract and estimated cost of said Project,
and the City Clerk be and is hereby directed to cause the attached notice of the time and
place of such hearing to be published in a newspaper having general circulation in the
City of Dubuque, Iowa, which notice shall be published not less than four days nor more
than twenty days prior to the date of such hearing. At the hearing, any interested person
may appear and file objections to the proposed plans, specifications, form of contract, or
estimated cost of the Project.
Section 3. Water Distribution System Pressure Zone 2 Improvements: Roosevelt
Street 1.25 MG Elevated Water Tower Project, identified as Contract A: Roosevelt Street
Water Tower and Water Distribution; and Contract B: Eagle Point Water Treatment Plant
and Water Distribution Improvements is hereby ordered to be advertised for bids for con-
struction.
Section 4. The amount of the security to accompany each bid shall be in an amount
which shall conform to the provisions of the Notice to Bidders hereby approved.
Section 5. The City Engineer is hereby directed to advertise for bids for the construction
of the improvements herein provided, by publishing the attached Notice to Bidders to be
published in a newspaper having general circulation in the City of Dubuque, Iowa, which
notice shall be published not less than four but not more than forty-five days before the
date for filing bids before 2:30 p.m. on the 21st day of March, 2019. Bids shall be opened
20
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 1st day of April 2019, in the Historic Federal Building Council
Chambers (second floor), 350 West 6th Street, Dubuque, Iowa.
Passed, adopted and approved this 18th day of February 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
6. Fiscal Year 2020 City of Dubuque Recommended Budget: City Manager recom-
mending that the City Council set a public hearing for March 7, 2019, on the Fiscal Year
2020 City budget, operating and capital improvement program, for the City of Dubuque.
Upon motion the documents were received and filed, and Resolution No. 61-19 Setting
the date for the public hearing on the Fiscal Year 2020 Budget as Amended for the City
of Dubuque; and Resolution No. 62-19 Setting the date for the public hearing on the Five -
Year Capital Improvement Program for Fiscal Year 202 through 2024 for the City of Dubu-
que were adopted setting a public hearing for a meeting to commence at 6:00 p.m. on
March 7, 2019 in the Historic Federal Building.
RESOLUTION NO. 61-19
SETTING THE DATE FOR THE PUBLIC HEARING ON THE FISCAL YEAR 2020
BUDGET AS AMENDED FOR THE CITY OF DUBUQUE
Whereas, Iowa Code Section 384.16 provides that the City Council shall set a time and
place for a public hearing on the Fiscal Year 2020 budget before the final budget cer tifi-
cation date and shall publish notice before the hearing as provided in Iowa Code Section
362.3.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council shall conduct a public hearing on the propo sed Fiscal
Year 2020 budget as amended for the City of Dubuque in the City Council Chambers at
the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, on Thursday, March
7, 2019, beginning at 6:00 p.m.
Section 2. That the City Clerk be and is he reby authorized and directed to publish
notice of the public hearing, according to law, together with the required budget infor-
mation.
Passed, approved and adopted this 18th day of February 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 62-19
SETTING THE DATE FOR THE PUBLIC HEARING ON THE FIVE-YEAR CAPITAL IM-
PROVEMENT PROGRAM FOR FISCAL YEARS 2020 THROUGH 2024 FOR THE CITY
OF DUBUQUE
Whereas, a proposed Five-Year Capital Improvement Program for the City of Dubuque
for Fiscal Years 2020 through 2024 has been prepared and submitted to the City Council;
and
Whereas, the capital projects for the first year of the program are included in the Fiscal
Year 2020 budget for the City of Dubuque; and
Whereas, it is deemed to be in the best interest of the City of Dubuque to conduct a
public hearing and adopt the five-year Capital Improvement Program simultaneously with
the public hearing and adoption of the Fiscal Year 2020 budget for the City of Dubuque.
21
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council shall conduct a public hearing on the five -year Capital
Improvement Program for Fiscal Years 2020 through 2024 in the City Council Chambers
at the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, on Thursday, March
7, 2019, beginning at 6:00 p.m.
Section 2. That the City Clerk be and is hereby authorized and directed to publish
notice of the public hearing.
Passed, approved and adopted this 18th day of February 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
7. Greater Downtown Urban Renewal District - Resolution of Necessity: City Manager
recommending approval of a resolution that authorizes and directs the City Manager to
prepare a proposed Amended and Restated Urban Renewal Plan for the Greater Down-
town Urban Renewal District and sets a public hearing on the proposed Amended and
Restated Urban Renewal Plan for March 18, 2019. Upon motion the documents were
received and filed, and Resolution No. 63-19 Authorizing and directing the City Manager
to prepare an Amended and Restated Urban Renewal Plan for the Greater Downtown
Urban Renewal District, and setting dates of hearing and consultation on a proposed
Amended and Restated Urban Renewal Plan for said District was adopted setting a public
hearing for a meeting to commence at 6:00 p.m. on March 18, 2019 in the Historic Federal
Building.
RESOLUTION NO. 63-19
AUTHORIZING AND DIRECTING THE CITY MANAGER TO PREPARE AN AMENDED
AND RESTATED URBAN RENEWAL PLAN FOR THE GREATER DOWNTOWN UR-
BAN RENEWAL DISTRICT, AND SETTING DATES OF HEARING AND CONSULTA-
TION ON A PROPOSED AMENDED AND RESTATED URBAN RENEWAL PLAN FOR
SAID DISTRICT
Whereas, the City Council of the City of Dubuque has heretofore approved the
Amended and Restated Urban Renewal Plan (the “Plan” or “Urban Renewal Plan”) for
the Greater Downtown Urban Renewal District (the “District”) in order to provide redevel-
opment opportunities which will further the purposes and objectives of the foregoing Ur-
ban Renewal Plan; and
Whereas, City staff has recommended that the Plan be amended to add additional
project details; and
Whereas, Chapter 403 of the Iowa Code requires that before a Plan may be modified,
the City Council must follow the notification, consultation, and public hearing process set
forth therein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Manager is authorized and directed to prepare an Amended
and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District to
include in such Plan any appropriate project activities and details, and to determine an
appropriate date for and conduct the consultation process required by law with affected
taxing entities concerning the proposed amendment.
Section 2. That the City Council hold a public hearing on the adoption of the proposed
Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal
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District on March 18, 2019 at 6:00 p.m. in the Historic Federal Buil ding, 350 West 6th
Street, Dubuque, Iowa 52001. The notice of said hearing shall generally identify the areas
covered by the Plan and the general scope of the urban renewal activities planned for
such areas, and said notice shall be published in a newspaper having general circulation
within the City not less than four days nor more than twenty days before the date of said
meeting. A copy of the notice of public hearing shall be sent by ordinary mail to the af-
fected taxing entities.
Section 3. That the City Clerk is further directed to send by ordinary mail a copy of said
Plan, the notice of public hearing, a notice of consultation, and, to the extent the Plan
includes the use of tax increment revenues for a public building, an analysis of alternative
development and funding options for such public buildings, to the Dubuque Community
School District and the Dubuque County Board of Supervisors, as the affected taxing
entities.
Passed, approved and adopted this 18th day of February 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
8. Voluntary Annexation: City Manager recommending that the City Council set a public
hearing for March 18, 2019 on the 100% voluntary annexation request filed by Michael
Portzen, SWAD, LLC for approximately 28.48 acres of property, concurrent with rezoning.
Upon motion the documents were received and filed, and Resolution No. 64-19 Setting a
public hearing on an application for voluntary annexation of territory to the City of Dubu-
que, Iowa was adopted setting a public hearing for a meeting to commence at 6:00 p.m.
on March 18, 2019 in the Historic Federal Building.
RESOLUTION NO. 64-19
SETTING A PUBLIC HEARING ON AN APPLICATION FOR VOLUNTARY ANNEXA-
TION OF TERRITORY TO THE CITY OF DUBUQUE, IOWA
Whereas, the City Council of Dubuque has received a written application from Michael
Portzen, SWAD, LLC for the voluntary annexation of 28.48 acres of property owned by
Carolyn S. Haupert Trust, which is located south of the Southwest Arterial, west of English
Mill Road and north of the English Ridge Subdivision as shown on Exhibit A and legally
described as:
The North ½ of the Northeast ¼ of the Northwest ¼ of Section 5, Township 88
North, Range 2 East of the 5th P.M., in Dubuque County, Iowa, Excepting: Lot A
of the North ½ of the Northeast ¼ of the Northwest ¼ of Section 5, Township 88
North, Range 2 East of the 5th P.M., County of Dubuque, State of Iowa, Also,
Excepting: Lot B of the North ½ of the Northeast ¼ of the Northwest ¼ of Section
5, Township 88 North, Range 2 East of the 5th P.M., County of Dubuque, State
of Iowa; and
Whereas, the annexation territory has direct connection to the City of Dubuque, Iowa
Corporate Limits; and
Whereas, the annexation territory is not subject to an existing annexation moratorium
agreement and does not include any State or railroad property; and
Whereas, Chapter 368 of the Code of Iowa authorizes this annexation by adoption of
a resolution and required notification; and
Whereas, the annexation territory is consistent with the City’s Comprehensive Plan;
and
23
Whereas, the future growth and development of the City of Dubuque, Iowa makes it
desirable that the annexation territory be made part of the City of Dubuque, Iowa; and
Whereas, the City of Dubuque has the capacity to provide substantial municipal ser-
vices to the annexation territory; and
Whereas, the annexation is in the public interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
A public hearing will be held on the 18th day of March, 2019, at 6:00 p.m. in the Historic
Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa,
at which time interested persons may appear and be heard for or against the proposed
annexation, and the City Clerk be and is hereby directed to cause t he attached notice of
the time and place of such hearing to be published in a newspaper having general circu-
lation in the City of Dubuque, Iowa, which notice shall be published not less than fourteen
days prior to the date of such hearing.
Passed, approved and adopted this 18th day of February 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
BOARDS/COMMISSIONS
Appointment was made to the following board/commission.
1. Community Development Advisory Commission: One, 3-Year term through Febru-
ary 15, 2022 (Expiring term of Boles). Applicant: Dean Boles, 1715 Geraldine Dr. Motion
by Jones to appoint Mr. Boles to the 3-year term through February 15, 2022. Seconded
by Larson. Motion carried 7-0.
PUBLIC HEARINGS
1. Request to Rezone Property Located at W. 32nd Street & North Grandview Avenue:
Proof of publication on notice of public hearing to consider a request from Ehrlich Prop-
erties, LLC to rezone property located at the corner of W. 32nd St. and N. Grandview Ave.
from R-1 Single Family Residential District to R-4 Multi-Family Residential District, and
the Zoning Advisory Commission recommending approval. Motion by Jones to receive
and file the documents and that the requirement that a proposed ordinance be considered
and voted on for passage at two Council meetings prior to the meeting at which it is to be
passed be suspended. Seconded by Larson. Assistant Planner Wally Wernimont provide
a staff report. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 10-19 Amending
Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by re-
classifying hereinafter described property located at southwest corner of W. 32nd Street
and North Grandview Avenue from R-1 Single-Family Residential District to R-4 Multi-
Family Residential District. Seconded by Larson. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 10-19
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED AT SOUTHWEST CORNER OF W. 32ND STREET AND NORTH
24
GRANDVIEW AVENUE FROM R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT TO R-
4 MULTI-FAMILY RESIDENTIAL DISTRICT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Develo p-
ment Code, is hereby amended by reclassifying the hereinafter described property from
R-1 Single-Family Residential District to R-4 Multi-Family Residential District, to wit:
Lot 37 North Grandview Estates No. 2, and to the centerline of the adjoining pub lic
right-of-way, all in the city of Dubuque, Iowa.
Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Ad-
visory Commission of the City of Dubuque, Iowa.
Section 3. This ordinance shall take effect immediately upon publication, as provided
by law.
Passed, approved and adopted this 18th day of February 2019.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 22 nd day of February 2019.
/s/Kevin S. Firnstahl, City Clerk
2. 22nd Street/Kaufmann Ave. Storm Sewer Improvement Project (White St. to Kleine
St.): Proof of publication on notice of public hearing to consider approval of plans, speci-
fications, form of contract and estimated cost for the 22nd Street/Kaufmann Ave. Storm
Sewer Improvement Project from White St. to Kleine St., and the City Manager recom-
mending approval. Motion by Resnick to receive and file the documents and adopt Res-
olution No. 65-19 Approval of plans, specifications, form of contract, and estimated cost
for the 22nd street/Kaufmann Avenue Storm Sewer Project (White Street to Kleine Street).
Seconded by Larson. Motion carried 7-0.
RESOLUTION NO. 65-19
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTI-
MATED COST FOR THE 22ND STREET/KAUFMANN AVENUE STORM SEWER PRO-
JECT (WHITE STREET TO KLEINE STREET)
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form of contract and estimated cost for the
22nd Street/Kaufmann Avenue Storm Sewer Project (White Street to Kleine Street), in the
estimated amount $7,529,802.00, are hereby approved.
Passed, adopted and approved this 18th day of February 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. Grand River Center Decorative Concrete Repair Project : Proof of Publication on
notice of public hearing to consider approval of the plans, specifications, form of contract
and estimated cost for the Grand River Center Dec orative Concrete Repair Project, and
the City Manager recommending approval. Motion by Larson to receive and file the doc-
uments and adopt Resolution No. 66-19 Approval of plans, specifications, form of con-
tract, and estimated cost for the Grand River Center - Decorative Concrete Repair Project.
Seconded by Resnick. Motion carried 7-0.
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RESOLUTION NO. 66-19
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTI-
MATED COST FOR THE GRAND RIVER CENTER - DECORATIVE CONCRETE RE-
PAIR PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form of contract and estimated cost for the
Grand River Center - Decorative Concrete Repair Project, in the estimated amount
$100,000.00, are hereby approved.
Passed, adopted and approved this the 18th day of February 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
4. Upper Bee Branch Creek Railroad Culverts Project Stormwater Management Utility
Revenue Capital Loan Notes (SRF) Program): Proof of publication on notice of public
hearing to consider approval of the suggested proceedings for the public hearing on the
issuance of Stormwater Utility Revenue Capital Loan Notes (State Revolving Loan Pro-
gram) prepared by Bond Counsel and to presen t a resolution for City Council to adopt
entitled “Resolution Instituting Proceedings to Take Additional Action for the Authorization
of a Loan and Disbursement Agreement and the Issuance of Not to Exceed $18,000,000
Stormwater Management Utility Revenue Capital Loan Notes; and the City Manager rec-
ommending approval. Motion by Resnick to receive and file the documents and adopt
Resolution No. 67-19 Instituting proceedings to take additional action for the authorization
of a Loan and Disbursement Agreement and the issuance of Not-to-Exceed $18,000,000
Stormwater Management Utility Revenue Capital Loan Notes . Seconded by Jones. Mo-
tion carried 7-0.
RESOLUTION NO. 67-19
INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORI-
ZATION OF A LOAN AND DISBURSEMENT AGREEMENT AND THE ISSUANCE OF
NOT TO EXCEED $18,000,000 STORMWATER MANAGEMENT UTILITY REVENUE
CAPITAL LOAN NOTES
Whereas, pursuant to notice published as required by law, the City Council has held a
public meeting and hearing upon the proposal to in stitute 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
$18,000,000 Stormwater Management Utility Revenue Capital Loan Notes to evidence
the obligations of the City under said Loan and Disbursement Agreement, for the purpose
of paying costs of acquisition, construction, reconstruction, extending, remodeling, im-
proving, repairing and equipping all or part of the Stormwater Management Utility, includ-
ing land acquisition, engineering and construction of the Upper Bee Branch Creek Rail-
road Culverts Project, part of Phase 7 of the Bee Branch Watershed Flood Mitigation
Project, also known as the Upper Bee Branch Creek Resto ration Project and water res-
toration project costs related to the Midtown Transfer and Catfish Creek Watershed Per-
vious Alley Construction Project, and has considered the extent of objections received
from residents or property owners as to said proposal, and no petition was filed calling for
a referendum thereon, and accordingly the following action is now considered to be in the
best interests of the City and residents thereof:
26
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 Financ e Authority in
the manner required by law of not to exceed $18,000,000 Stormwater Management Utility
Revenue Capital Loan Notes for the foregoing purposes.
Section 2. That this Council does hereby consent to the terms and conditions of the
SRF Loan Program, which terms and 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 stormwater management utility fund moneys may be advanced
from time to time for capital expenditures which are to be paid from the proceeds of the
above loan agreement. The amounts so 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 ad-
vancements 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, approved, and adopted this 18th day of February 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
ACTION ITEMS
1. Five Flags Civic Center Quarterly Report: The City Clerk announced that this item
will be rescheduled to a future meeting.
2. Awarding the Bee Branch Creek Restoration Project Railroad Crossing Culvert Pro-
ject: City Manager recommending adoption of the attached resolution awarding the con-
struction contract for the Upper Bee Branch Creek Railroad Culverts Project to Tricon
General Construction, Inc. and modifying the construction schedule of improvements as-
sociated with the Bee Branch Watershed Flood Mitigation Plan outlined herein. Motion by
Jones to receive and file the documents and adopt Resolution No. 68-19 Approving the
construction contract for the Upper Bee Branch Creek Railroad Culverts Project . Se-
conded by Resnick. Motion carried 7-0.
RESOLUTION NO. 68-19
AUTHORIZING THE AWARD OF THE CONSTRUCTION CONTRACT FOR THE UP-
PER BEE BRANCH CREEK RAILROAD CULVERTS PROJECT
27
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The construction contract for the construction of certain public improve-
ments described in general as the Upper Bee Branch Creek Railroad Culverts Project, as
described in detail in the plans and specifications heretofore approved, is authorized to
be awarded as follows:
Contractor: Tricon General Construction, Inc
Amount of Bid: $25,900,000.00
subject to the contractor providing the required bond and evidence of insurance satisfac-
tory to the City Manager.
Passed, approved, and adopted this 18th day of February 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. Request for Work Session - Inclusive Dubuque Quarterly Report: City Manager re-
questing that the City Council schedule a work session on Inclusive Dubuque for April 29,
2019 at 6:00 p.m., in the Council Chambers. Motion by Jones to receive and file the doc-
uments and set the work session as recommended. Seconded by Resnick. Council Mem-
ber Jones stated that he may have a scheduling conflict, but will attempt to make the work
session. Motion carried 7-0.
4. Request to Reschedule February 3, 2020 City Council Meeting: Correspondence
from Council Member Ric Jones request that the City Council reschedule the February 3,
2020 City Council meeting to February 4, 2020 to avoid a conflict with the Iowa Caucuses.
Motion by Resnick to receive and file the documents and reschedule as recommended.
Seconded by Larson. Motion carried 7-0.
5. Request to Develop Guidelines for Cancelation of City Council Meetings Due to
Weather: Correspondence from Council Member Luis Del Toro requesting a review of the
City Code guidelines and a staff recommendation for canceling City Council meetings
due to inclement weather. Restated motion by Resnick to receive and file the documents
and refer to the City Attorney. Seconded by Del Tor. Motion carried 5 -2 with Buol and
Jones voting nay.
There being no further business, upon motion the City Council adjourned at 7:17 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk