3 18 19 City Council Proceedings Official_Special and Regular1
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special session at 5:30 p.m. on March 18, 2019 in
the second-floor Council Chambers of the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Del Toro, Jones, Larson, Resnick, Rios
(Joined at 5:33 p.m.); City Manager Van Milligen, City Attorney Brumwell
Absent: Council Member Shaw
Mayor Buol read the call and stated this is a special session of the City Council called
for the purpose of conducting a work session on the Project H.O.P.E. quarterly report.
WORK SESSION
Project H.O.P.E. Quarterly Report
Peter Supple, Economic Opportunity Coordinator for the Community Foundation of
Greater Dubuque, thanked the City Council for continued funding and introduced the work
session. Topics included:
Current Initiatives
• Dubuque College Access Network (DCAN)
• Child Care Accessibility
o Child Care Solutions Summit
o GDDC/NICC partnership
o Employer/Business Coalition
• Community Engagement/Washington Neighborhood 2019 Planning
• Brain Health
o First aid training for law enforcement
o Mobile crisis unit
o Wrap-around program for resolving identified jail issues with inmates with
acute brain health behaviors
o Establishing access centers across Iowa / training
o Mapping/convening all providers / committees related to brain health or
substance abuse
o Trauma-informed group
• Volunteer Income Tax Assistance (VITA)
o United Way, Operation New View and AARP, St. Matthew’s Lutheran
Church
Massachusetts Institute of Technology (MIT)
• Welcome MIT students in attendance
• Project overview
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o Creating a career pipeline to attract and engage low-income and minority
residents
o Report in May 2019
There being no further business, upon motion the City Council adjourned at 5:47 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
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CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:00 p.m. on 18 th day of March
2019 in the second-floor Council Chambers of the Historic Federal Building, 350 W. 6th
Street.
Present: Mayor Buol; Council Members Del Toro, Jones, Larson, Resnick, Rios; City
Manager Van Milligen, City Attorney Brumwell
Absent: Council Member Shaw
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. Iowa Tourism Outstanding Community Award Presentation: Travel Dubuque
CEO/President Keith Rahe presented the Iowa Tourism “Outstanding Community” award
in the metro category from the Travel Iowa Industry Partners.
2. Presentation of 365ink Impact Award: Bryce Parks of 365ink presented the Impact
Award to Police Chief Mark Dalsing.
3. The Big Muddy Cup 2018 Top Metros: Greater Dubuque Development Corporation
President/CE) Rick Dickinson presented the Big Muddy Cup 2018 Top Metros from the
March 2019 Site Selection Magazine.
PROCLAMATION(S)
1. Scandinavian Music and Culture Week (March 18-23, 2019) was accepted by Mayor
Buol.
2. Procurement Month / Buyer's Day Proclamation (March 2019) was accepted by City
of Dubuque Purchasing Coordinator Tony Breitbach.
3. Junior Achievement Day (April 4, 2019) was accepted by JA Development Director
Scott Ellerbach.
4. Keep Iowa Beautiful Month (April 2019) was accepted by Laura Roussell, Hobie
Wood and Cheryl Sheldon of Dubuque Trees Forever.
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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 6 -0.
1. Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of
2/26; Cable TV Commission of 3/6; City Council proceedings of 3/4, 3/7, 3/11; Civil Ser-
vice Commission of 3/7; Community Development Advisory Commission of 1/16; Housing
Commission of 3/8; Historic Preservation Commission of 2/21; Human Rights Commis-
sion of 3/8; Library Board of Trustees Minutes of 1/24 and Council Update #180 of 2/28;
Long Range Planning Advisory Commission of 2/25; Resilient Community Advisory Com-
mission of 3/7; Zoning Advisory Commission of 3/18; Zoning Board of Adjustment of 2/28;
Proof of publication for City Council proceedings of 2/18, 2/21. Upon motion the docu-
ments were received and f iled.
2. Notice of Claims and Suits: Joseph Burbach for property damage, Matt McFadden /
Mak's Bait Shack for property damage, Roeder's Outdoor Power / James Roeder for ve-
hicle damage, Robert Sigwarth for vehicle damage. 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: Joseph Burbach for property damage, Hope Ehlinger for vehicle damage,
Zachary Hallman for vehicle damage, Matt McFadden / Mak's Bait Shack for property
damage, Roeder Outdoor Power / James Roeder for vehicle damage, and Robert Sig-
warth for vehicle damage. Upon motion the documents were received, filed, and con-
curred.
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. 92-19 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. 92-19
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
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Whereas, the Finance Director-City Treasurer has provided a list of Expenditures at-
tached hereto, and by this reference made a part hereof, to b e 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 requirements 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.
Passed, approved, and adopted this 18th day of March 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. 2019 Construction Projects: City Manager providing copies of the public information
flyers regarding the 2019 road construction projects and for navigating traffic during con-
struction. Upon motion the document was received and filed.
6. Memorandum of Understanding with Travel Dubuque for the 2019 Growing Sustain-
able Communities Conference: City Manager recommending approval of a one-year Con-
ference Management Contract with Travel Dubuque to host the 2019 Growing Sustaina-
ble Communities Conference. Upon motion the documents were received, filed and ap-
proved.
7. U.S. Department of Housing and Urban Development (HUD) Amendment to Lead
Hazard Control Grant Award: City Manager recommending approval of the Department
of Housing and Urban Development (HUD) Lead Hazard Control Grant Assistance
Award/Amendment for Lead Hazard Control and Healthy Homes interventions to be com-
pleted in 120 units by September 2022. Upon motion the documents were received, filed
and approved.
8. Civil Service Commission - Certified Lists: Civil Service Commission submitting the
Certified Lists for the positions of Water Distribution Maintenance Worker and Help Desk
Support Technician. Upon motion the documents were received, filed and made a Matter
of Record.
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March 7, 2019
Honorable Mayor and Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, an entrance examination for the
position of Water Distribution Maintenance Worker was administered on February 5 and
February 19, 2019 (make-up date due to inclement weather on Feb. 5). We hereby certify
that the individuals listed below have passed this written examination and the vacancy for
this position should be made from this list and that this list is good for one (1) year from
above date.
Water Distribution Maintenance Worker
1. Jeffrey Mills, 2. Luke Rupp, 3. Justin Birch, 4. Donald Mergen, 5. Dustin Allen, 6. Jason
McCann, 7. Nicholas Ansel, 8. Scott Schlickman II, 9. Justin Steckel, 10. Christopher
Weifenbach, 11. Jeffrey Theisen, 12. Andrew Fonck, 13. Joseph Murphy, 14. Steven
Valentine, 15. Benjamin Juran, 16. Josh Reiger
Respectfully submitted,
/s/Dan White, Chairman
Civil Service Commission
March 7, 2019
Honorable Mayor and Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, an examination for the position
of Help Desk Support Technician was administered via “take-home” examination. We
hereby certify that the individuals listed below have passed this “take-home” examination
and the vacancy for this position should be made from this list and that this list is good for
one (1) year from the above date.
Help Desk Support Technician
1. Thomas Swift, 2. John Del Degan, 3. Robert Dunigan, 4. Joe LuGrain, 5. Jay Gonza-
les, Jr., 6. Collin McCalley, 7. Roan D’Souza, 8. Tonya Fredrickson, 9. Daniel Prejmak,
10. Justin Briggs, 11. Ted Pillard, 12. Jason Bickal, 13. Christopher Cruz, 14. Yanely
Nordin, 15. Nicole Hill, 16. Brenda Morris, 17. Jeffrey Fulton, 18. Wayne Harvey, 19.
David Hasken, 20. Michael Heeren, 21. Brian Kirk, 22. Chrisney Ricketts
Respectfully submitted,
/s/Dan White, Chairman
Civil Service Commission
9. Grand River Center Second Amendment to Management Agreement: City Manager
recommending approval of the Second Amendment to the Grand River Center Facility
Management Agreement between the City of Dubuque and Platinum Hospitality Group
extending the Agreement to May 25, 2020. Upon motion the documents were received
and filed, and Resolution No. 93-19 Approval of a Second Amendment to the Facility
Management Agreement between the City of Dubuque, Iowa and Platinum Hospitality
Group, LLC was adopted.
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RESOLUTION NO. 93-19
SECOND AMENDMENT TO THE FACILITY MANAGEMENT AGREEMENT BETWEEN
THE CITY OF DUBUQUE, IOWA AND PLATINUM HOSPITALITY GROUP, LLC
Whereas, Platinum Hospitality Group, LLC (Manager) and the City of Dubuque, Iowa
(City) entered into a Facility Management Agreement (the Agreement) dated the 20 th day
of May, 2013 for the purpose of Manager performing the management services for the
Grand River Center (Facility) described in that Agreement; and
Whereas, by Amendment dated April 4, 2016, the Term of the Agreement was ex-
tended to May 29, 2019; and
Whereas, City and Manager now desire to further amend the Facility Management
Agreement by extending the Term to May 29, 2020.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Second Amendment attached hereto is hereby approved on behalf
of the City of Dubuque.
Section 2. That the Mayor is hereby authorized to execute the Second Amendment on
behalf of the City of Dubuque.
Passed, approved and adopted this 18th day of March 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
10. Acceptance of Grants of Easements for Water Main and Sanitary Sewer Utilities
from Property Owners on Marquette Place: City Manager recommending acceptance of
Grants of Easement for Water Main and Sanitary Sewer Utilities across properties on
Marquette Place in the City of Dubuque as part of the Marquette Place Street Sanitary
Sewer and Water Main Reconstruction Project. Upon motion the documents were re-
ceived and filed, and Resolution No. 94-19 Accepting Grants of Easement for certain
public utilities associated with the Marquette Place Sanitary Sewer & Water Main Recon-
struction Project in the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 94-19
ACCEPTING GRANTS OF EASEMENT FOR CERTAIN PUBLIC UTILITIES ASSOCI-
ATED WITH THE MARQUETTE PLACE SANITARY SEWER & WATER MAIN RECON-
STRUCTION PROJECT, IN THE CITY OF DUBUQUE, IOWA
Whereas, Garry J. and Julie A. Redman, have executed a Grant of Easement for San-
itary Sewer Utility across Part of Lot 1 of Zurcher Subdivision, in the City of Dubuque,
Iowa, in the City of Dubuque, Iowa; and
Whereas, Kathleen C. Kruse, has executed a Grant of Easement for Water Main and
Sanitary Sewer Utility across Part of Lot 2 of Zurcher Subdivision, in the City of Dubuque,
Iowa; and
Whereas, Michael R. and Jill C. Pankow, have executed a Grant of Easement for Water
Main and Sanitary Sewer Utility across Part of Lot 2 -2-3 and Lot 4 of Audubon Addition,
in the City of Dubuque, Iowa; and
8
Whereas, Lisa B. Towers, has executed a Grant of Easement for Water Main and San-
itary Sewer Utility across Part of Lot 5 of Audubon Addition, in the City of Dubuque, Iowa;
and
Whereas, James A. and Linda Link, have executed a Grant of Easement for Water
Main and Sanitary Sewer Utility across Part of Lot 6 of Audubon Addition, in the City of
Dubuque, Iowa; and
Whereas, Rebekah J. Matthews, has executed a Grant of Easement for Water Main
and Sanitary Sewer Utility across Part of Lot 7 of Audubon Addition, in the City of Dubu-
que, Iowa; and
Whereas, Eric C. and Jennifer Johnson, have executed a Grant of Easement for Water
Main and Sanitary Sewer Utility across Part of Lot 8 of Audubon Addition, in the City of
Dubuque, Iowa; and
Whereas, Roger C. and Constance M. Powell, have executed a Grant of Easement for
Water Main and Sanitary Sewer Utility across Part of Lot 9 of Audubon Additio n, in the
City of Dubuque, Iowa; and
Whereas, Stacy L. Gage and William L. Peterson, have executed a Grant of Easement
for Water Main and Sanitary Sewer Utility across Part of Lot 10 of Audubon Addition, in
the City of Dubuque, Iowa; and
Whereas, Ethan J. Lembke, has executed a Grant of Easement for Water Main and
Sanitary Sewer Utility across Part of Lot 11 of Audubon Addition, in the City of Dubuque,
Iowa; and
Whereas, Matthew J. and Spring J. Connolly, have executed a Grant of Easement for
Water Main and Sanitary Sewer Utility across Part of Lot 12 of Audubon Addition, in the
City of Dubuque, Iowa; and
Whereas, Donna M. Evarts and Leon R. Gillenwater, have executed a Grant of Ease-
ment for Water Main and Sanitary Sewer Utility across Part of Lot 13 of Audubon Addition,
in the City of Dubuque, Iowa; and
Whereas, Leslie J. and John L. Sweeney, have executed a Grant of Easement for
Water Main and Sanitary Sewer Utility across Part of Lot 14 of Audubon Addition, in the
City of Dubuque, Iowa; and
Whereas, Jandell R. and Christopher L. Gallagher, have executed a Grant of Ease-
ment for Water Main and Sanitary Sewer Utility across Part of Lot 15 of Audubon Addition,
in the City of Dubuque, Iowa; and
Whereas, Christopher M. Hefel, has executed a Grant of Easement for Water Main
and Sanitary Sewer Utility across Part of Lot 1 of Hefel Place, in the City of Dubuque,
Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts
and consents to the Grants of Easement for Water Main and Sanitary Sewer Utility, and
the Grant of Easement for Sanitary Sewer Utility, across the properties as listed above,
in the City of Dubuque, Iowa from the property owners as listed above, copies of which
are attached hereto.
Section 2. The Mayor is hereby authorized and directed to execute and acknowledge
on behalf of the City of Dubuque any instruments in connection herewith.
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Section 3. That the City Clerk be and is hereby authorized and directed to record a
certified copy of this resolution with each said Grant of Easement for Water Main and
Sanitary Sewer Utility, in the offices of the City Assessor, Dubuque County Recorder and
Dubuque County Auditor.
Passed, approved and adopted this 18th day of March 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
11. AT&T Comments on Small Cell Guidelines: Senior Counsel submitting correspond-
ence from AT&T regarding the City of Dubuque's Small Cell Guidelines adopted at the
January 7, 2019 City Council meeting. Upon motion the documents were received and
filed.
12. Care Initiatives Property Tax Appeal Settlement: Senior Counsel transmitting a
Property Tax Appeal settlement advising that the Care Initiatives property at 2835 Kauf-
mann Avenue be classified as residential. Upon motion the documents were received and
filed.
13. McCarthy et al. vs. DRA, Q Casino, Hilton Garden Inn, and City of Dubuque: Senior
Counsel providing an update of the negligence lawsuit brought by Kathleen McCarthy on
behalf of Matthew McCarthy. Upon motion the documents were received and filed.
14. Q Casino Request for Pyrotechnics Display: Q Casino requesting approval of a
Fireworks Permit Application for a display of pyrotechnics on April 13, 2019 and Ap ril 28,
2019 at approximately 8:00 p.m. for a performance inside the Q Casino. Upon motion the
document was received, filed and approved.
15. Public, Educational, and Government (PEG) Capital Grant Expenditure Request :
City Manager recommending approval of the Cable TV Commission's request for funding
from the Public, Educational, and Government (PEG) Capital Grant for Access Equipment
and Facilities to purchase equipment for Loras College and the City of Dubuque. Upon
motion the documents were received, filed and approved.
16. Four Mounds Park Ecological Restoration Plan : City Manager recommending ap-
proval and adoption of the Four Mounds Park Ecological Restoration Plan. Upon motion
the documents were received, filed and approved.
17. State of Iowa Business Financial Assistance Contract by and among Dupaco
Voices, LLC; Dupaco RE Management, LLC; Dupaco Holding, LLC; Dupaco Community
Credit Union; City of Dubuque; and Iowa Economic Development Authority: City Manager
recommending approval of a State of Iowa Business Financial Assistance Contract by
and among Dupaco Voices LLC; Dupaco RE Management, LLC; Dupaco Holding, LLC;
Dupaco Community Credit Union; the City of Dubuque; and the Iowa Economic Develop-
ment Authority for the investment in Dupaco’s Dubuque operations. Upon motion the doc-
uments were received and filed, and Resolution No. 95-19 Authorizing the execution of a
Contract for State Business Financial Assistance by and among Dupaco Voices LLC ;
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Dupaco Re Management, LLC; Dupaco Holding, LLC; Dupaco Community Credit Union;
City of Dubuque; and the Iowa Economic Development Authority was adopted.
RESOLUTION NO. 95-19
AUTHORIZING THE EXECUTION OF A CONTRACT FOR STATE BUSINESS FINAN-
CIAL ASSISTANCE BY AND AMONG DUPACO VOICES, LLC; DUPACO RE MAN-
AGEMENT, LLC; DUPACO HOLDING, LLC; DUPACO COMMUNITY CREDIT UNION;
CITY OF DUBUQUE, AND THE IOWA ECONOMIC DEVELOPMENT AUTHORITY
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
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 Deve lopment 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.
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 19 -
HQJP-018 for participation in the Iowa Economic Development Authority’s Financial As-
sistance 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, 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 18th day of March 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
18. Urban Sustainability Director's Network (USDN) Equity, Diversity and Inclusion Fel-
low Position: City Manager recommending approval of a temporary, full-time Urban Sus-
tainability Director’s Network (USDN) Equity, Diversity and Inclusion Fellow to be hosted
in Dubuque for twelve weeks during the summer of 2019. Upon motion the documents
were received, filed and approved.
19. Complete Action on Stormwater Management Utility Revenue Capital Loan Notes,
Series 2019 (State of Iowa Revolving Fund Loan): City Manager recommending approval
of the suggested proceedings to complete action required on the Stormwater Revenue
Capital Loan Notes Series 2019 (State of Iowa Revolving Fund Loan). Upon motion the
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documents were received and filed, and Resolution No. 96-19 Approving and authorizing
a Form of Loan and Disbursement Agreement by and between the City of Dubuque, Iowa
and the Iowa Finance Authority, and authorizing and providing for the issuance and se-
curing the payment of $16,382,000 Stormwater Management Utility Revenue Capital
Loan Notes, Series 2019, of the City of Dubuque, Iowa under the provisions of the Code
of Iowa, and providing for a Method of Payment of said Notes; approval of the Tax Ex-
emption Certificate was adopted.
RESOLUTION NO. 96-19
APPROVING AND AUTHORIZING A FORM OF LOAN AND DISBURSEMENT AGREE-
MENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND THE IOWA FINANCE
AUTHORITY, AND AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SE-
CURING THE PAYMENT OF $16,382,000 STORMWATER MANAGEMENT UTILITY
REVENUE CAPITAL LOAN NOTES, SERIES 2019, OF THE CITY OF DUBUQUE,
IOWA, UNDER THE PROVISIONS OF THE CODE OF IOWA, AND PROVIDING FOR
A METHOD OF PAYMENT OF SAID NOTES; APPROVAL OF THE TAX EXEMPTION
CERTIFICATE
Whereas, the City Council of the City of Dubuque, Iowa, sometimes hereinafter re-
ferred to as the "Issuer", has heretofore established charges, rates and rentals for ser-
vices which are and will continue to be collected as system revenues of the municipal
stormwater management utility system, sometimes hereinafter referred to as the "Sys-
tem", and revenues are available for the payment of Stormwater Management Utility Rev-
enue Capital Loan Notes, Series 2019, subject to the following premises; and
Whereas, Issuer proposes to issue its Stormwater Management Utility Revenue Capi-
tal Loan Notes, Series 2019, to the extent of $16,382,000, for the purpose of defraying
the costs of the Project as set forth in Section 1 of th is 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, there were previously issued the (i) $998,000 Stormwater Utility Revenue
Capital Loan Note, Series 2010B, dated January 13, 2010; (ii) $7,850,000 Stormwater
Utility Revenue Capital Loan Note, Series 2010G, dated October 27, 2010; (iii)
$1,029,000 Stormwater Utility Revenue Capital Loan Notes, Taxable Series 2014A, dated
February 28, 2014; and the $29,541,000 Stormwater Utility Revenue Capital Loan Notes,
Series 2015B, dated June 19, 2015, amended as of September 8, 2017 to increase the
principal amount to $30,941,000, part of which remain outstanding and are a lien on the
Net Revenues of the System (the "Outstanding Obligations"). In the resolution authorizing
the issuance of the Outstanding Obligations it is provided that additional revenue notes
or bonds may be issued on a parity with the outstanding notes or bonds, for the costs of
future improvements and extensions to the System, provided that there has been pro-
cured and placed on file with the City Clerk, a statement complying with the conditions
and limitations therein imposed upon the issuance of said parity notes or bonds; and
Whereas, the Original Purchaser of the current issue of Notes also purchased and
holds the Outstanding Obligations issue and has waived any requirement in the resolution
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authorizing the Outstanding Obligations to obtain a "parity certificate" from an independ-
ent auditor, and hereby consents to the current issue on an equal parity to the Outstand-
ing Obligations; and
Whereas, the notice of intention of Issuer to take action for the issuance of $16,382,000
Stormwater Management Utility Revenue Capital Loan Notes, Series 2019, has hereto-
fore been duly published, no objections or petition related to such proposed action was
filed, and the Issuer has held a public meeting and taken additional action for the issuance
and is now authorized to proceed.
NOW, THEREFORE, BE IT RESOLVED BY THE City Council OF THE City of Dubu-
que, STATE OF IOWA:
Section 1. Definitions. The following terms shall have the following meanings in this
Resolution unless the text expressly or by necessary implication requires otherwise:
♦ "Additional Obligations" shall mean any stormwater management utility rev-
enue bonds or notes or other obligations issued on a parity with the Notes in
accordance with the provisions of Section 21 hereof.
♦ "Agreement" shall mean a Loan and Disbursement Agreement dated as of
the Closing between the City and the Original Purchaser relating to the Loan
made to the City under the Program.
♦ " City Clerk" shall mean the City Clerk or such other officer of the successor
Governing Body as shall be charged with substantially the same duties and re-
sponsibilities.
♦ "Closing" shall mean the date of delivery of the Note to the Original Pur-
chaser and the funding of the Loan.
♦ "Corporate Seal" shall mean the official seal of the Issuer adopted by the
Governing Body.
♦ "Fiscal Year" shall mean the twelve months' period beginning on July 1 of
each year and ending on the last day of June of the following year, or any other
consecutive twelve-month period adopted by the Governing Body or by law as
the official accounting period of the System; provided, that the requirements of a
fiscal year as expressed in this Resolution shall exclude any payment of principal
or interest falling due on the first day of the fiscal year and include any payment
of principal or interest falling due on the first day of the succeeding fiscal year.
♦ "Governing Body" shall mean the City Council, or its successor in function
with respect to the operation and control of the System.
♦ "Independent Auditor" shall mean an independent firm of certified public ac-
countants or the Auditor of State.
♦ "Issuer" and "City" shall mean the City of Dubuque, Iowa.
♦ "Loan" shall mean the principal amount allocated by the Original Purchaser
to the City under the Program, equal in amount to the principal amount of the
Notes.
♦ "Net Revenues" shall mean gross earnings of the System after deduction of
Current Expenses; "Current Expenses" shall mean and include the reasonable
and necessary cost of operating, maintaining, repairing and insuring the System,
including purchases at wholesale, if any, salaries, wages, and costs of materials
and supplies, but excluding depreciation and principal of and interest on the
Notes and any Parity Obligations or payments to the variou s funds established
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herein; capital costs, depreciation and interest or principal payments are not Sys-
tem expenses.
♦ "Notes" or "Note" shall mean the $16,382,000 Stormwater Management Util-
ity Revenue Capital Loan Notes, Series 2019, authorized to be issue d by this
Resolution.
♦ "Original Purchaser" shall mean the Iowa Finance Authority, as the pur-
chaser of the Notes from Issuer at the time of their original issuance.
♦ “Outstanding Obligations” shall mean the (i) $998,000 Stormwater Utility
Revenue Capital Loan Note, Series 2010B, dated January 13, 2010; (ii)
$7,850,000 Stormwater Utility Revenue Capital Loan Note, Series 2010G, dated
October 27, 2010; (iii) $1,029,000 Stormwater Utility Revenue Capital Loan
Notes, Taxable Series 2014A, dated February 28, 2014; and the $29,541,000
Stormwater Utility Revenue Capital Loan Notes, Series 2015B, dated June 19,
2015, amended as of September 8, 2017 to increase the principal amount to
$30,941,000, which obligations are still outstanding and unpaid and remain a lien
on the Net Revenues of the System.
♦ "Parity Obligations" shall mean notes or bonds payable solely from the Net
Revenues of the System on an equal basis with the Notes herein authorized to
be issued and shall include Additional Obligations as authorized to be issued
under the terms of this Resolution and the Outstanding Obligations.
♦ "Paying Agent" shall mean the Budget/Finance Director, or such successor
as may be approved by Issuer as provided herein and who shall carry out the
duties prescribed herein as Issuer's Agent to provide for the payment of principal
of and interest on the Notes as the same shall become due.
♦ "Permitted Investments" shall mean any investments permitted in Iowa Code
chapter 12B or section 12C.9. All interim investments must mature before the
date on which the moneys are required for payment of principal and interest on
the Notes or project costs.
♦ "Prior Note Resolution(s)" shall mean the resolutions of the City Council au-
thorizing the issuance of the Outstanding Obligations.
♦ "Program" shall mean the Iowa Water Pollution Control Works Financing
Program undertaken by the Original Purchaser.
♦ "Project" shall mean the costs of acquisition, construction, reconstruction,
extending, remodeling, improving, repairing and equipping all or part of the
Stormwater Management Utility, including land acquisition, engineering and con-
struction of the Upper Bee Branch Creek Railroad Culverts Project, part of Phase
7 of the Bee Branch Watershed Flood Mitigation Project, also known as the Upper
Bee Branch Creek Restoration Project.
♦ "Project Fund" shall mean the Loan Account under the Program for the ben-
efit of the Issuer, into which the proceeds of the Loan and the Note shall be allo-
cated and held until disbursed to pay Project costs.
♦ "Rebate Fund" shall mean the fund so defined in and established pursuant
to the Tax Exemption Certificate.
♦ "Registrar" shall be the Budget/Finance Director, or such successor as may
be approved by Issuer as provided herein and who shall carry out the duties pre-
scribed herein with respect to maintaining a register of the owners of the Notes.
14
Unless otherwise specified, the Registrar shall also act as Transfer Agent for the
Notes.
♦ "System" shall mean the municipal stormwater management utility system of
the Issuer and all properties of every nature hereinafter owned by the Issuer com-
prising part of or used as a part of the System, including all improvements and
extensions made by Issuer while any of the Notes or Parity Obligations remain
outstanding; all real and personal property; and all appurtenances, contracts,
leases, franchises and other intangibles.
♦ "Tax Exemption Certificate" shall mean the Tax Exemption Certificate exe-
cuted by the Treasurer and delivered at the time of issuance and delivery of the
Notes.
♦ "Treasurer" shall mean the Budget/Finance Director or such other officer as
shall succeed to the same duties and responsibilities with respect to the recording
and payment of the Notes issued hereunder.
♦ "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.
Section 2. Authority. The Agreement and the Notes authorized by this Resolution shall
be issued pursuant to Section 384.84A of the Code of Iowa, and in compliance with all
applicable provisions of the Constitution and laws of the State of Iowa. The Agreement
shall be substantially in the form attached to this Resolution and is authorized to be exe-
cuted and issued on behalf of the Issuer by the Mayor and attested by the City Clerk.
Section 3. Authorization and Purpose. There are hereby authorized to be issued, one
negotiable, fully registered Revenue Note of the City of Dubuqu e, in the County of Dubu-
que, Iowa, each to be designated as "Stormwater Management Utility Revenue Capital
Loan Note, Series 2019", in the aggregate amount of $16,382,000, for the purpose of
paying costs of the Project. The City Council, pursuant to Section 384.84A of the Code of
Iowa, hereby finds and determines that it is necessary and advisable to issue said Note
authorized by the Agreement and this Resolution.
Section 4. Source of Payment. The Notes herein authorized and Parity Obligations and
the interest thereon shall be payable solely and only out of the Net Revenues of the Sys-
tem and shall be a first lien on the future Net Revenues of the System. The Notes shall
not be general obligations of the Issuer nor shall they be payable in any manner by taxa-
tion and the Issuer shall be in no manner liable by reason of the failure of the said Net
Revenues to be sufficient for the payment of the Notes.
Section 5. Note Details. Stormwater Management Utility Revenue Capital Loan Notes,
Series 2019, of the City in the amount of $16,382,000, shall be issued to evidence the
obligations of the Issuer under the Agreement pursuant to the provisions of Section
384.84A of the Code of Iowa for the aforesaid purpose. The Notes shall be designated
"STORMWATER MANAGEMENT UTILITY REVENUE CAPITAL 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-annu-
ally 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 incorpo-
rated herein by this reference. As set forth on said Debt Service Schedule, principal shall
15
be payable on June 1, 2021 and annually thereafter on the 1st day of June in the amounts
set forth therein until principal and interest are fully paid, except that the final installment
of the entire balance of principal and interest, if not sooner paid, shall become due and
payable on June 1, 2040. 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 deter-
mined based upon actual advancements, final costs and completion of the Project, all as
provided in the administrative rules governing the Program. Payment of principal and in-
terest on the Notes shall at all times conform to said Debt Service Schedule and the rules
of the Program.
The Notes shall be executed by the manual or facsimile signature of the Mayor and
attested by the manual or facsimile signature of the Clerk, and impressed or imp rinted
with the seal of the City and shall be fully registered as to both principal and interest as
provided in this Resolution; principal, interest and premium, if any, shall be payable at the
office of the Paying Agent by mailing of a check, wire transfe r or automated clearing house
system transfer to the registered owner of the Note. The Notes shall be in the denomina-
tion of $1,000 or multiples thereof and may at the request of the Original Purchaser be
initially issued as a single Note in the denomination of $16,382,000 and numbered R-1.
Section 6. Initiation Fee and Servicing Fee. In addition to the payment of principal of
and interest on the Notes, the Issuer also agrees to pay the Initiation Fee and the Servic-
ing Fee as defined and in accordance with the terms of the Agreement.
Section 7. Redemption. The Notes are subject to optional redemption at a price of par
plus accrued interest (i) on any date upon receipt of written consent of the Original Pur-
chaser or (ii) in the event that all or substantially all of the Project is damaged or de-
stroyed. Any optional redemption of the 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 Origi-
nal Purchaser (or any other registered owner of the Note). The terms of redemption shall
be par, plus accrued interest to date of call. The Notes are also subject to mandatory
redemption as set forth in Section 5 of the Agreement.
Section 8. Registration of Notes; Appointment of Registrar; Transfer; Ownership; De-
livery; and Cancellation.
(a) Registration. The ownership of Notes may be transferred only by the mak-
ing of an entry upon the books kept for the registration and transfer of ownership
of the Notes, and in no other way. The Treasurer is hereby appointed as Note
Registrar under the terms of this Resolution. Registrar shall maintain the books
of the Issuer for the registration of ownership of the Notes for the payment of
principal of and interest on the Notes as provided in this Resolution. All Notes
shall be negotiable as provided in Article 8 of the Uniform Commercial Code sub-
ject to the provisions for registration and transfer contained in the Notes a nd in
this Resolution.
(b) Transfer. The ownership of any Note may be transferred only upon the
Registration Books kept for the registration and transfer of Notes and only upon
surrender thereof at the office of the Registrar together with an assignment duly
executed by the holder or his duly authorized attorney in fact in such form as shall
16
be satisfactory to the Registrar, along with the address and social security num-
ber or federal employer identification number of such transferee (or, if registration
is to be made in the name of multiple individuals, of all such transferees). In the
event that the address of the registered owner of a Note (other than a registered
owner which is the nominee of the broker or dealer in question) is that of a broker
or dealer, there must be disclosed on the Registration Books the information per-
taining to the registered owner required above. Upon the transfer of any such
Note, a new fully registered Note, of any denomination or denominations permit-
ted by this Resolution in aggregate principal amount equal to the unmatured and
unredeemed principal amount of such transferred fully registered Note, and bear-
ing interest at the same rate and maturing on the same date or dates shall be
delivered by the Registrar.
(c) Registration of Transferred Notes. In all cases of the transfer of the Notes,
the Registrar shall register, at the earliest practicable time, on the Registration
Books, the Notes, in accordance with the provisions of this Resolution.
(d) Ownership. As to any Note, the person in whose name the ownership of
the same shall be registered on the Registration Books of the Registrar shall be
deemed and regarded as the absolute owner thereof for all purposes, and pay-
ment of or on account of the principal of any such Notes and the premium, if any,
and interest thereon shall be made only to or upon the order of the regist ered
owner thereof or his legal representative. All such payments shall be valid and
effectual to satisfy and discharge the liability upon such Note, including the inter-
est thereon, to the extent of the sum or sums so paid.
(e) Cancellation. All Notes which have been redeemed shall not be reissued
but shall be cancelled by the Registrar. All Notes which are cancelled by the Reg-
istrar shall be destroyed and a Certificate of the destruction thereof shall be fur-
nished promptly to the Issuer; provided that if the Issuer shall so direct, the Reg-
istrar shall forward the cancelled Notes to the Issuer.
(f) Non-Presentment of Notes. In the event any payment check representing
payment of principal of or interest on the Notes is returned to the Paying Agent
or if any note is not presented for payment of principal at the maturity or redemp-
tion date, if funds sufficient to pay such principal of or interest on Notes shall have
been made available to the Paying Agent for the benefit of the owner thereof, all
liability of the Issuer to the owner thereof for such interest or payment of such
Notes shall forthwith cease, terminate and be completely discharged, and there-
upon it shall be the duty of the Paying Agent to hold such funds, without liability
for interest thereon, for the benefit of the owner of such Notes who shall thereafter
be restricted exclusively to such funds for any claim of whatever nature on his
part under this Resolution or on, or with respect to, such interest or Notes. The
Paying Agent's obligation to hold such funds shall continue for a period equal to
two years and six months following the date on which such interest or principal
became due, whether at maturity, or at the date fixed for redemption thereof, or
otherwise, at which time the Paying Agent, shall surrender any remaining funds
so held to the Issuer, whereupon any claim under this Resolution by the Owners
of such interest or Notes of whatever nature shall be made upon the Issuer.
17
Section 9. Reissuance of Mutilated, Destroyed, Stolen or Lost Notes. In case any out-
standing Note shall become mutilated or be destroyed, stolen or lost, the Issuer shall at
the request of Registrar authenticate and deliver a new Note of like tenor and amount as
the Note so mutilated, destroyed, stolen or lost, in exchange a nd substitution for such
mutilated Note to Registrar, upon surrender of such mutilated Note, or in lieu of and sub-
stitution for the Note destroyed, stolen or lost, upon filing with the Registrar evidence
satisfactory to the Registrar and Issuer that such Note has been destroyed, stolen or lost
and proof of ownership thereof, and upon furnishing the Registrar and Issuer with satis-
factory indemnity and complying with such other reasonable regulations as the Issuer or
its agent may prescribe and paying such expenses as the Issuer may incur in connection
therewith.
Section 10. Record Date. Payments of principal and interest, otherwise than upon full
redemption, made in respect of any Note, shall be made to the registered holder thereof
or to their designated Agent as the same appear on the books of the Registrar on the
15th day of the month preceding the payment date. All such payments shall fully dis-
charge the obligations of the Issuer in respect of such Notes to the extent of the payments
so made. Upon receipt of the final payment of principal, the holder of the Note shall sur-
render the Note to the Paying Agent.
Section 11. Execution, Authentication and Delivery of the Notes. Upon the adoption of
this Resolution, the Mayor and City Clerk shall execute the Notes by their manual or au-
thorized signature and deliver the Notes to the Registrar, who shall authenticate the Notes
and deliver the same to or upon order of the Original Purchaser. No 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 Note a Certificate of Authentication
substantially in the form of the Certificate herein set forth. Such Certificate upon any Note
executed on behalf of the Issuer shall be conclusive evidence that the Note so authenti-
cated has been duly issued under this Resolution and that the holder thereof is entitled
to the benefits of this Resolution.
Section 12. Right to Name Substitute Paying Agent or Registrar. Issuer reserves the
right to name a substitute, successor Registrar or Paying Agent upon giving prompt writ-
ten notice to each registered noteholder.
Section 13. Form of Note. Notes shall be printed in substantial compliance with stand-
ards proposed by the American Standards Institute substantially in the form as [provided]:
Section 14. Equality of Lien. The timely payment of principal of and interest on the
Notes and Parity Obligations shall be secured equally and ratably by the Net Revenues
of the System without priority by reason of number or time of sale or delivery; and the Net
Revenues of the System are hereby irrevocably pledged to the timely payment of both
principal and interest as the same become due.
Section 15. Application of Note Proceeds - Project Fund. Proceeds of the Notes shall
be credited to the Project Fund and expended therefrom for the purposes of issuance.
Any amounts on hand in the Project Fund shall be available for the payment of the prin-
cipal of or interest on the Notes at any time that other funds of the System shall be insuf-
ficient to the purpose, in which event such funds shall be repaid to the Project Fund at
the earliest opportunity. Any balance on hand in the Project Fund and not immediately
required for its purposes may be invested not inconsistent with limitations provided by
law, the Internal Revenue Code and this Resolution.
18
Section 16. User Rates. There has heretofore been established and published as re-
quired by law, just and equitable rates or charges for the use of the service rendered by
the System. Said rates or charges shall be paid by the owner of each and every lot, parcel
of real estate, or building that is connected with and uses the System, by or through any
part of the System or that in any way uses or is served by the System.
Any revenue paid and collected for the use of the System and its services by the Issuer
or any department, agency or instrumentality of the Issuer shall be used and accounted
for in the same manner as any other revenues derived from the operations of the Syst em.
Section 17. Application of Revenues. From and after the delivery of any Notes, and as
long as any of the Notes or Parity Obligations shall be outstanding and unpaid either as
to principal or as to interest, or until all of the Notes and Parity Obligati ons then outstand-
ing shall have been discharged and satisfied in the manner provided in this Resolution,
the entire income and revenues of the System shall be deposited as collected in a fund
to be known as the Stormwater Management Utility Revenue Fund (the "Revenue Fund"),
and shall be disbursed only as follows:
The provisions in the Prior Note Resolution(s) whereby there was created and is to be
maintained a Stormwater Management Utility Revenue Note Principal and Interest Sink-
ing Fund, and for the monthly payment into said fund from the future Net Revenues of the
System such portion thereof as will be sufficient to meet the principal and interest of the
Outstanding Obligations, are hereby ratified and confirmed, and all such provisions inure
to and constitute the security for the payment of the principal and interest on Notes hereby
authorized to be issued; provided, however, that the amounts to be set aside and paid
into the Stormwater Management Utility Revenue Note Principal and Interest Sinking
Fund in equal monthly installments from the earnings shall be sufficient to pay the princi-
pal and interest due each year, not only on the Outstanding Obligations, but also the
principal and interest of the Notes herein authorized to be issued. Section(s) 17, 19 and
21 of the Prior Note Resolution(s) is/are hereby ratified, confirmed, adopted and incorpo-
rated herein as a part of this Resolution. Except as may be otherwise provided in the
above Prior Note Resolution(s), proceeds of the Notes or other funds may be invested in
Permitted Investments.
Nothing in this Resolution shall be construed to impair the rights vested in the Out-
standing Obligations. The amounts herein required to be paid into the various funds
named in this Section shall be inclusive of payments required in respect to the Outstand-
ing Obligations. The provisions of the legislation authorizing the Outstanding Obligations
and the provisions of this Resolution are to be construed wherever possible so that the
same will not be in conflict. In the event such construction is not possible, the provisions
of the resolution first adopted shall prevail until such time as the notes or bonds authorized
by said resolution have been paid in full or otherwise satisfied as therein provided at which
time the provisions of this Resolution shall again prevail.
At such time as the Outstanding Obligations are paid and so long as the Notes or Parity
Obligations remain outstanding and unpaid the same are discharged and satisfied in the
manner provided in this Resolution, the entire income and revenues of the system shall
be deposited and collected in a fund to be known as the Revenue Fund, and shall be
disbursed only as follows:
19
● Operation and Maintenance Fund. Money in the Revenue Fund shall first be
disbursed to make deposits into a separate and special fund to pay current ex-
penses. The fund shall be known as the Stormwater Management Utility Opera-
tion and Maintenance Fund (the "Operation and Maintenance Fund"). There shall
be deposited in the Operation and Ma intenance Fund each month an amount
sufficient to meet the current expenses of the month plus an amount equal to
1/12th of expenses payable on an annual basis such as insurance. After the first
day of the month, further deposits may be made to this account from the Revenue
Fund to the extent necessary to pay current expenses accrued and payable to
the extent that funds are not available in the Surplus Fund.
● Sinking Fund. Money in the Revenue Fund shall next be disbursed to make
deposits into a separate and special fund to pay principal of and interest on the
Notes and Parity Obligations. The fund shall be known as the Stormwater Man-
agement Utility Revenue Note Principal and Interest Sinking Fund (the "Sinking
Fund"). The required amount to be deposited in the Sinking Fund in any month
shall be an amount equal to 1/6th of the installment of interest coming due on the
next interest payment date on the then outstanding Notes and Parity Obligations,
plus 1/12th of the installment of principal coming due on such Notes on the next
succeeding principal payment date until the full amount of such installment is on
hand. If for any reason the amount on hand in the Sinking Fund exceeds the
required amount, the excess shall forthwith be withdrawn and paid into the Rev-
enue Fund. Money in the Sinking Fund shall be used solely for the purpose of
paying principal of and interest on the Notes and Parity Obligations as the same
shall become due and payable.
● Subordinate Obligations. Money in the Revenue Fund may next be used to
pay principal of and interest on (including reasonable reserves therefor) any other
obligations which by their terms shall be payable from the revenues of the Sys-
tem, but subordinate to the Notes and Parity Obligations, and which have been
issued for the purposes of extensions and improvements to the System or to re-
tire the Notes or Parity Obligations in advance of maturity, or to pay for extraor-
dinary repairs or replacements to the System.
● Surplus Revenue. All money thereafter remaining in the Revenue Fund at
the close of each month may be deposited in any of the funds created by this
Resolution, to pay for extraordinary repairs or replacements to the System, or
may be used to pay or redeem the Notes or Parity Obligations, any of them, or
for any lawful purpose.
Money in the Revenue Fund shall be allotted and paid into the various funds
and accounts hereinbefore referred to in the order in which said funds are listed,
on a cumulative basis on the 10th day of each month, or on the next succeeding
business day when the l0th shall not be a business day; and if in any month the
money in the Revenue Fund shall be insufficient to deposit or transfer the re-
quired amount in any of said funds or accounts, the deficiency shall be made up
in the following month or months after payments into all funds and accounts en-
joying a prior claim to the revenues shall have been met in full.
Section 18. Investments. Moneys on hand in the Project Fund and all of the funds
provided by this Resolution may be invested only in Permitted Invest ments or deposited
20
in financial institutions which are members of the Federal Deposit Insurance Corporation,
or its equivalent successor, and the deposits of which are insured thereby and all such
deposits exceeding the maximum amount insured from time to time by FDIC or its equiv-
alent successor in any one financial institution shall be continuously secured in compli-
ance with Iowa Code chapter 12C, or otherwise by a valid pledge of direct obligations of
the United States Government having an equivalent market value. All investments shall
mature before the date on which the moneys are required for the purposes for which the
fund was created or otherwise as herein provided. The provisions of this Section shall not
be construed to require the Issuer to maintain separate accounts for the funds created by
this Resolution.
The Sinking Fund shall be segregated in a separate account but may be invested in
the same manner as other funds of the Issuer but designated as a trust fund on the books
and records of the Issuer. The Sinking Fund shall not be available for any other purposes
other than those specified in this Resolution.
All income derived from such investments shall be deposited in the Revenue Fund and
shall be regarded as revenues of the System. Investments shall at any time necessary
be liquidated and the proceeds thereof applied to the purpose for which the respective
fund was created.
Section 19. Covenants Regarding the Operation of the System. The Issuer hereby
covenants and agrees with each and every holder of the Notes and Parity Obligations:
(a) Maintenance and Efficiency. The Issuer will maintain the System in good
condition and operate it in an efficient manner and at reasonable cost.
(b) Sufficiency of Rates. On or before the beginning of each Fiscal Year the
Governing Body will adopt or continue in effect rates for all services rendered by
the System determined to be sufficient to produce Net Revenues for the next
succeeding Fiscal Year which are (i) adequate to pay the principal and interest
requirements thereof and to create or maintain the reserves as provided in this
Resolution, and (ii) not less than 110 percent of the principal and interest require-
ments of the next succeeding Fiscal Year. No free use of the System by the Issuer
or any department, agency or instrumentality of the Issuer shall be permitted ex-
cept upon the determination of the Governing Body that the rates and changes
otherwise in effect are sufficient to provide Net Revenues at least equal to the
requirements of this subsection.
(c) Insurance. The Issuer shall maintain insurance for the benefit of the Note-
holders on the insurable portions of the System of a kind and in an amount which
normally would be carried by private companies engaged in a similar kind of busi-
ness. The proceeds of any insurance, except public liability insurance, shall be
used to repair or replace the part or parts of the System damaged or destroyed,
or if not so used shall be placed in an improvement fund for the benefit of the
System.
(d) Accounting and Audits. The Issuer will cause to be kept proper books and
accounts adapted to the System and in accordance with generally accepted ac-
counting practices and will diligently act to cause the books and accounts to be
audited and reported upon by an Independent Auditor and will provide copies of
the audit report to the Department, all as provided in the Agreement. The Original
Purchaser and holders of any of the Notes and Parity Obligations shall have at
21
all reasonable times the right to inspect the System and the reco rds, accounts
and data of the Issuer relating thereto.
(e) State Laws. The Issuer will faithfully and punctually perform all duties with
reference to the System required by the Constitution and laws of the State of
Iowa, including the making and collecting of reasonable and sufficient rates for
services rendered by the System as above provided, and will segregate the rev-
enues of the System and apply said revenues to the funds specified in this Res-
olution.
(f) Property. The Issuer will not sell, lease, mortgage or in any manner dispose
of the System, or any capital part thereof, including any and all extensions and
additions that may be made thereto, until satisfaction and discharge of all of the
Notes and Parity Obligations shall have been provided for in the manner provided
in this Resolution; provided, however, this covenant shall not be construed to
prevent the disposal by the Issuer of property which in the judgment of its Gov-
erning Body has become inexpedient or unprofitable to use in connection with
the System, or if it is to the advantage of the System that other property of equal
or higher value be substituted therefor, and provided further that the proceeds of
the disposition of such property shall be placed in a revolving fund to be used in
preference to other sources for capital improvements to the System. Any such
proceeds of the disposition of property acquired with the proceeds of the Notes
or Parity Obligations shall not be used to pay principal or interest on the Notes
and Parity Obligations or for payments into the Sinking or Reserve Funds.
(g) Fidelity Bond. That the Issuer shall maintain fidelity bond coverage in
amounts which normally would be carried by private companies engaged in a
similar kind of business on each officer or employee having custody of funds of
the System.
(h) Additional Charges. The Issuer will require proper connecting charges
and/or other security for the payment of service charges.
(i) Budget. The Governing Body of the Issuer shall approve and conduct oper-
ations pursuant to a system budget of revenues and current expenses for each
Fiscal Year. Such budget shall take into account revenues and current expenses
during the current and last preceding Fiscal Years. Copies of such budget and
any amendments thereto shall be mailed to the Original Purchaser and to the
Noteholders upon request.
(j) Loan and Disbursement Agreement. The Issuer will comply with the terms
and conditions of the Loan and Disbursement Agreement and perform as pro-
vided thereunder.
Section 20. Remedies of Noteholders. Except as herein expressly limited the holder or
holders of the Notes and Parity Obligations shall have and possess all the rights of action
and remedies afforded by the common law, the Constitution and statutes of the State of
Iowa, and of the United States of America, for the enforcement of payment of their Notes
and interest thereon, and of the pledge of the Net Revenues made hereunder, and of all
covenants of the Issuer hereunder.
Section 21. Prior Lien and Parity Obligations. The Issuer will issue no other notes,
bonds or obligations of any kind or nature payable from or enjoying a lien or claim on the
22
property or Net Revenues of the System having priority over the Notes or Parity Obliga-
tions.
Additional Obligations may be issued on a parity and equality of rank with the Notes
with respect to the lien and claim of such Additional Obligations to the Net Revenues of
the System and the money on deposit in the funds adopted by this Resolution, for the
following purposes and under the following conditions, but not otherwise:
(a) For the purpose of refunding any of the Notes or Parity Obligations which shall
have matured or which shall mature not later than three months after the date of
delivery of such refunding obligation and for the payment of which there shall be
insufficient money in the Sinking Fund;
(b) For the purpose of making extensions, additions, improvements or replace-
ments to the System, or refunding any outstanding Notes, Parity Obligations or other
obligations issued for such extensions, additions and improvements, if all of the fol-
lowing conditions shall have been met:
(i) before any such Additional Obligations ranking on a parity are issued,
there will have been procured and filed with the Clerk, a statement of an
Independent Auditor or Independent Municipal Advisor, not a regular em-
ployee of the Issuer, reciting the opinion based upon necessary investiga-
tions that the Net Revenues of the System for the preceding Fiscal Year
(with adjustments as hereinafter provided) were equal to at least 1.10 times
the maximum amount that will be required in any Fiscal Year prior to the
longest maturity of any of the then outstanding Notes or Parity Obligations
for both principal of and interest on all Notes or Parity Obligations then out-
standing which are payable from the Net Revenues of the System and the
Additional Obligations then proposed to be issued.
For the purpose of determining the Net Revenues of the System for the
preceding Fiscal Year as aforesaid, the amount of the gross revenues for
such year may be adjusted by an independent consulting engineer, the In-
dependent Auditor, or by an Independent Municipal Advisor so as to reflect
any changes in the amount of such revenues which would have resulted
had any revision of the schedule of rates or charges imposed at or prior to
the time of the issuance of any such Additional Obligations been in effect
during all of such preceding Fiscal Year.
(ii) the Additional Obligations must be payable as to principal and as to
interest on the same month and day as the Notes herein authorized.
(iii) for the purposes of this Section, principal and interest falling due on
the first day of a Fiscal Year shall be deemed a requirement of the immedi-
ately preceding Fiscal Year.
(iv) for the purposes of this Section, general obligation bonds or notes
shall be refunded only upon a finding of necessity by the Governing Body
and only to the extent the general obligation bonds or notes were issued or
the proceeds thereof were expended for the System.
(v) for purposes of this Section, "preceding Fiscal Year" shall be the most
recently completed Fiscal Year for which audited financial statements pre-
pared by a certified public accountant are issued and available, but in no
23
event a Fiscal Year which ended more than eighteen months prior to the
date of issuance of the Additional Obligations.
Section 22. Disposition of Proceeds; Arbitrage Not Permitted. The Issuer reasonably
expects and covenants that no use will be made of the proceeds from the issuance and
sale of the Notes issued hereunder which will cause any of the Notes to be classified as
arbitrage bonds within the meaning of Section 148(a) and (b) of the Internal Revenue
Code of the United States, and that throughout the term of said Notes it will comply with
the requirements of said statute and regulations issued thereunder.
To the best knowledge and belief of the Issuer, there are no facts or circumstances
that would materially change the foregoing statements or the conclusion that it is not ex-
pected that the proceeds of the Notes will be used in a manner that would cause the
Notes to be arbitrage bonds. Without limiting the generality of the foregoing, the Issuer
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 Resolution. The Treasurer is hereby directed to make and insert all calculations
and determinations necessary to complete the Tax Exemption Certificate in all respects
and to execute and deliver the Tax Exemption Certificate at issuance of the Notes to
certify as to the reasonable expectations and covenants of the Issuer at that date.
The Issuer covenants that it will treat as Yield Restricted any proceeds of the 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 Notes and Parity Obligations, the Issuer shall treat the same for the purpose of
restricted yield as held in proportion to the original principal amounts of each issue.
The Issuer covenants that it will exceed any investment yield restriction provided in this
Resolution only in the event that it shall first obtain an opinion of recognized bond counsel
that the proposed investment action will not cause the Notes to be classified as arbitrage
bonds under Section 148(a) and (b) the Internal Revenue Code or regulations issued
thereunder.
The Issuer covenants that it will proceed with due diligence to spend the proceeds of
the Notes for the purpose set forth in this Resolution. The Issuer further covenants that it
will make no change in the use of the proceeds available for the construction of facilities
or change in the use of any portion of the facilities constructed therefrom by persons other
than the Issuer or the general public unless it has obtained an opinion of bond counsel or
a revenue ruling that the proposed project or use will not be of such character as to cause
interest on any of the Notes not to be exempt from federal income taxes in the hands of
holders other than substantial users of the project, under the provisions of Section 142(a)
of the Internal Revenue Code of the United States, related statutes and regulations.
Section 23. Additional Covenants, Representations and Warranties of the Issuer. The
Issuer certifies and covenants with the purchasers and holders of the Notes from time to
time outstanding that the Issuer through its officers, (a) will make such further specific
covenants, representations and assurances as may be necessary or advisable; (b) com-
ply with all representations, covenants and assurances contained in the Tax Exemption
Certificate, which Tax Exemption Certificate shall constitute a part of the contract between
the Issuer and the owners of the 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 Notes; (e)
24
file such forms, statements and supporting documents as may be required and in a timely
manner; and (f) if deemed necessary or advisable by its officers, to employ and pay fiscal
agents, financial advisors, attorneys and other persons to assist the Issuer in such com-
pliance.
Section 24. Amendment of Resolution to Maintain Tax Exemption. This Resolution may
be amended without the consent of any owner of the Notes if, in the opinion of bond
counsel, such amendment is necessary to maintain tax exemp tion with respect to the
Notes under applicable Federal law or regulations.
Section 25. Approval of Tax Exemption Certificate. Attached hereto is a form of Tax
Exemption Certificate stating the Issuer's reasonable expectations as to the use of the
proceeds of the Notes. The form of Tax Exemption Certificate is approved. The Issuer
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 Resolution. The Budget Director/Treasurer is hereby directed to make and insert
all calculations and determinations necessary to complete the Tax Exemption Certificate
at issuance of the Note to certify as to the reasonable expectations and covenants of the
Issuer at that date.
Section 26. Discharge and Satisfaction of Notes. The covenants, liens and pledges
entered into, created or imposed pursuant to this Resolution may be fully discharged and
satisfied with respect to the Notes and Parity Obligations, or any of them, in any one or
more of the following ways:
(a) By paying the Notes or Parity Obligations when the same shall become
due and payable; and
(b) By depositing in trust with the Treasurer, or with a corporate trustee desig-
nated by the Governing Body, for the payment of said obligations and irrevocably
appropriated exclusively to that purpose an amount in cash or direct obligations
of the United States the maturities and income of which shall be sufficient to retire
at maturity, or by redemption prior to maturity on a designated date upon which
said obligations may be redeemed, all of such obligations outstanding at the time,
together with the interest thereon to maturity or to the designated redemption
date, premiums thereon, if any that may be pa yable on the redemption of the
same; provided that proper notice of redemption of all such obligations to be re-
deemed shall have been previously published or provisions shall have been
made for such publication.
Upon such payment or deposit of money or securities, or both, in the amount and man-
ner provided by this Section, all liability of the Issuer with respect to the Notes shall cease,
determine and be completely discharged, and the holders thereof shall be entitled only to
payment out of the money or securities so deposited.
Section 27. Resolution a Contract. The provisions of this Resolution shall constitute a
contract between the Issuer and the holder or holders of the Notes and Parity Obligations,
and after the issuance of any of the Notes no change, variation or alteration of any kind
in the provisions of this Resolution shall be made in any manner, except as provided in
the next succeeding Section, until such time as all of the Notes and Parity Obligations,
and interest due thereon, shall have been satisfied and discharged as provided in this
Resolution.
25
Section 28. Amendment of Resolution Without Consent. The Issuer may, without the
consent of or notice to any of the holders of the Bonds and Parity Obligations, amend or
supplement this Resolution for any one or more of the following purposes:
(a) to cure any ambiguity, defect, omission or inconsistent provision in this
Resolution or in the Notes or Parity Obligations; or to comply with any applicable
provision of law or regulation of federal or state agencies; provided, however, that
such action shall not materially adversely affect the interests of the holders of the
Notes or Parity Obligations;
(b) to change the terms or provisions of this Resolution to the extent necessary
to prevent the interest on the Notes or Parity Obligations from being includable
within the gross income of the holders thereof for federal income tax purposes;
(c) to grant to or confer upon the holders of the Notes or Parity Obligations any
additional rights, remedies, powers or authority that may lawfully be granted to or
conferred upon the holders of the Notes;
(d) to add to the covenants and agreements of the Issuer contained in this
Resolution other covenants and agreements of, or conditions or restrictions upon,
the Issuer or to surrender or eliminate any right or power reserved to or conferred
upon the Issuer in this Resolution; or
(e) to subject to the lien and pledge of this Resolution additional pledged rev-
enues as may be permitted by law.
Section 29. Amendment of Resolution Requiring Consent. This Resolution may be
amended from time to time if such amendment shall have been consented to by holders
of not less than two-thirds in principal amount of the Notes and Parity Obligations at any
time outstanding (not including in any case any Notes which may then be held or owned
by or for the account of the Issuer, but including such Refunding Obligations as may have
been issued for the purpose of refunding any of such Notes if such Refunding Obligations
shall not then be owned by the Issuer); but this Resolution may not be so amended in
such manner as to:
(a) Make any change in the maturity or interest rate of the Notes, or modify the
terms of payment of principal of or interest on the Notes or any of them or impose
any conditions with respect to such payment;
(b) Materially affect the rights of the holders of less than all of the Notes and
Parity Obligations then outstanding; and
(c) Reduce the percentage of the principal amount of Notes, the consent of the
holders of which is required to effect a further amendment.
Whenever the Issuer shall propose to amend this Resolution under the provisions of
this Section, it shall cause notice of the proposed amendment to be filed with the Original
Purchaser and to be mailed by certif ied mail to each registered owner of any Note as
shown by the records of the Registrar. Such notice shall set forth the nature of the pro-
posed amendment and shall state that a copy of the proposed amendatory Resolution is
on file in the office of the City Clerk.
Whenever at any time within one year from the date of the mailing of said notice there
shall be filed with the City Clerk an instrument or instruments executed by the holders of
at least two-thirds in aggregate principal amount of the Notes then outstanding as in this
Section defined, which instrument or instruments shall refer to the proposed amendatory
Resolution described in said notice and shall specifically consent to and approve the
26
adoption thereof, thereupon, but not otherwise, the Governing Body of the Issuer may
adopt such amendatory Resolution and such Resolution shall become effective and bind-
ing upon the holders of all of the Notes and Parity Obligations.
Any consent given by the holder of a Note pursuant to the provisions of this Section
shall be irrevocable for a period of six months from the date of the instrument evidencing
such consent and shall be conclusive and binding upon all future holders of the same
Note during such period. Such consent may be revoked at any time after six months from
the date of such instrument by the holder who gave such consent or by a successor in
title by filing notice of such revocation with the City Clerk.
The fact and date of the execution of any instrument under the provisions of this Sec-
tion may be proved by the certificate of any officer in any jurisdiction who by the laws
thereof is authorized to take acknowledgments of deeds within such jurisdiction that the
person signing such instrument acknowledged before him the execution thereof, or may
be proved by an affidavit of a witness to such execution sworn to before such officer.
The amount and numbers of the Notes held by any person executing such instrument
and the date of his holding the same may be proved by an affidavit by such person or by
a certificate executed by an officer of a bank or trust company showing that on the date
therein mentioned such person had on deposit with such bank or trust company the Notes
described in such certificate.
Notwithstanding anything in this Section to the contrary, the holder or holders of 100%
of the Notes and Parity Obligations may consent to any amendment of this Resolution, or
waive any notices required hereunder, on such terms and under such conditions as said
holders shall determine to be appropriate.
Section 30. Severability. If any section, paragraph, or provision of this Resolution shall
be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of
such section, paragraph or provision shall not affect any of the remaining provisions.
Section 31. Repeal of Conflicting Ordinances or Resolutions and Effective Date. All
other Ordinances, Resolutions and orders, or parts thereof, in conflict with the provisions
of this Resolution are, to the extent of such conflict, hereby repealed; and this Resolution
shall be in effect from and after its adoption.
Section 32. Rule of Construction. This Resolution and the terms and conditions of the
Notes authorized hereby shall be construed whenever possible so as not to conflict with
the terms and conditions of the Loan and Disbursement Agreement. In the event such
construction is not possible, or in the event of any conflict or inconsistency between the
terms hereof and those of the Loan and Disbursement Agreement, the terms of the Loan
and Disbursement Agreement shall prevail and be given effect to the extent necessary to
resolve any such conflict or inconsistency.
Passed and approved this 18th day of March, 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
20. Adopting Code of Ordinances Supplement No. 31: City Clerk recommending adop-
tion of Supplement No. 31 to the City of Dubuque Code or Ordinances. Upon motion the
documents were received and filed, and Resolution No. 97-19 Adopting Supplement No.
31 to the Code of Ordinances of the City of Dubuque, Iowa was adopted.
27
RESOLUTION NO. 97-19
ADOPTING SUPPLEMENT NO. 31 TO THE CODE OF ORDINANCES OF THE CITY
OF DUBUQUE, IOWA
Whereas, under date of August 17, 2009, the City Council, pursuant to Ordinance No.
43-09, readopted the Code of Ordinances of the City of Dubuque, Iowa in its entirety; and
Whereas, since August 17, 2009 the City Council of the City of Dubuque, Iowa has
adopted certain ordinances amending the Code of Ordinances and said amendments
have been printed as supplements to the Code of Ordinances; and
Whereas, Section 380.8 of the Code of Iowa provides that supplements, by resolution,
become part of the Code of Ordinances; and
Whereas, Code Supplements are prepared by the Sterling Codifiers, Inc., and filed in
the Office of the City Clerk of the City of Dubuque, Iowa.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Supplement No. 31 to the City of Dubuque Code of Ordinances, which
codifies Ordinance Nos. 41-18, 42-18, 43-18, 1-19, 3-19, 5-19, 6-19 and Code Change is
hereby adopted and becomes part of the Code of Ordinances of the City of Dubuque,
Iowa.
Passed, approved and adopted this 18th day of March 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
21. Residential Parking Permit District Petition for Keyway Drive : Citizen petition re-
questing a residential parking permit district designation for Keyway Drive from Pennsyl-
vania Avenue to Keymont Drive. Upon motion the document was received, filed, and re-
ferred to the City Manager.
22. Iowa Governor's STEM Advisory Council Letter of Support: City Manager providing
a copy of correspondence sent to the Iowa Governor's STEM Advisory Council supporting
Audubon School's endeavors to teach students computer skills through the Computer
Science is Fundamental Grant. Upon motion the document was received and filed.
23. Office of the Governor - Iowa Finance Authority Board of Directors: Correspond-
ence from Governor Kim Reynolds advising that City Manager Michael Van Milligen h as
been appointed as a member of the Iowa Finance Authority Board of Directors from May
1, 2019 to April 30, 2025. Upon motion the document was received and filed.
24. Iowa Department of Transportation (IDOT) Notice of Pipe Culverts Project : Corre-
spondence from the Iowa Department of Transportation (IDOT) informing the City of an
IDOT pipe culverts project taking place during the 2019 construction season between
Hwy 151/61 and St. Catherine Road. Upon motion the document was received and filed.
25. United States Department of Agriculture (USDA) Notice of Rescheduled Public
Hearings: Correspondence from the USDA notifying the City of scheduled public meet-
ings for the Cardinal-Hickory Creek 345-kV Transmission Line Draft Environmental Im-
pact Statement. Upon motion the document was received and filed.
28
26. Improvement Contracts / Performance, Payment and Maintenance Bonds : Volt-
mer, Inc. for the NW Arterial and Plaza Drive Mastarm Replacement Project. Upon motion
the document was received, filed and approved.
27. 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. 98-19 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. 98-19
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
BP 1450 Loras Blvd. Class E Liquor, Class B
Wine, Class C Beer (Sun-
day)
Chopper's 601 Rhomberg Ave. Class C Liquor (Outdoor)
(Sunday)
Eagles Club 1175 Century Dr. Class C Liquor (Sunday)
Fareway Stores, Inc. #114 2050 J.F. Kennedy Blvd. Class E Liquor, Class B
Wine, Class C Beer
Phoenix Theatres 555 J.F. Kennedy Rd #105 Class C Liquor (Sunday)
Salsa's Mexican Restaurant 1091 Main St. Class C Liquor (Sunday)
Sportsters Pub & Grub 2600 Central Ave. Class C Liquor (Outdoor)
(Sunday)
The Venue 285 Main St. Class C Liquor (Outdoor)
(Sunday)
New
29
Beechers Co. Inc. 1691 Asbury Rd. Class E Liquor, Class B
Wine, Class C Beer (Sun-
day)
Corner Grill 1689 Elm St. Class C Liquor (Outdoor)
(Sunday)
Easy Street 30 Main St. Class C Liquor (Outdoor)
(Sunday)
Main Street Social 123 Main St Class C Liquor (Outdoor)
(Sunday)
Adding Privilege
Dimensional Brewing Co. 67 Main St. Adding Outdoor Service
Kwik Star #495 2685 Dodge St. Carryout Wine and Prem-
ise Update
Special Event(s) per Special Event Application Submittal
Dubuque Jaycees 7th and Jackson to 9th and
Jackson to include east 8th
to Elm to encompass the
Millwork Night Market foot
print
Special Class C Liquor
(Outdoor)
Passed, approved, and adopted this 18th day of March 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
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 6-0.
1. Proposed Master Agreement and Intent to Dispose of an Interest in Real Property
Owned by the City of Dubuque by Lease Agreement between the City of Dubuque and
the State of Iowa, Telecommunications and Technology Commission: City Manager rec-
ommending that the City Council set a public hearing fo r April 1, 2019, on the Master
Agreement for Shared Use Projects and Lease Agreement for space within a City tele-
communications facility located at 1515 W. 3rd Street between the City and the State of
Iowa, Telecommunications and Technology Commission, ope rating as the Iowa Commu-
nications Network (ICN). Upon motion the documents were received and filed and Reso-
lution No. 99-19 Resolution of Intent to dispose of an interest in real property owned by
the City of Dubuque by leases between the City of Dubuque, Iowa and the Iowa Commu-
nications and Technology Commission was adopted setting a public hearing for a meeting
to commence at 6:00 p.m. on April 1, 2019 in the Historic Federal Building.
30
RESOLUTION NO. 99-19
INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY OWNED BY THE CITY
OF DUBUQUE BY LEASES BETWEEN THE CITY OF DUBUQUE, IOWA AND THE
IOWA COMMUNICATIONS AND TECHNOLOGY COMMISSION (ICN)
Whereas, the City of Dubuque, Iowa (City) is the owner of the real property described
as follows:
That part of Lot 2 of Finley Home Addition No. 2 in the City of Dubuque, Dubuque
County, Iowa, shown on Exhibit A, on which is located a 20-ft. x 20-ft. wooden-frame
construction building (locally known as 1515 W. 3rd Street) (the Leased Premises);
and
Whereas, City and the ICN intend to enter into a Master Lease Agreement dated March
11, 2019 (the Agreement), which grants the ICN the right to lease certain City property
for the purposes and subject to the conditions set forth in the Agreement; and
Whereas, the ICN desires to lease certain spaces on and within the Leased Premises;
and
Whereas, City and ICN have tentatively agreed to the Lease, attached hereto; and
Whereas, the City Council believes it is in the best interest of the City of Dubuque to
approve the Lease.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City of Dubuque intends to dispose of its interest in the Leased Prem-
ises by Lease between City and ICN.
Section 2. The City Clerk is hereby authorized and directed to cause this Resolution
and a notice to be published as prescribed by Iowa Code 364.7 of a public hearing on the
City’s intent to dispose of its interest in the Leased Premises by Lease Supplements, to
be held on the 1st day of April 2019, at 6:00 o’clock p.m. at the Historic Federal Building,
Council Chambers, 350 W. 6th Street, Dubuque, Iowa.
Passed, approved and adopted this 18th day of March 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Prairie Farms Dairy, Inc. - Development Agreement: City Manager recommending
that the City Council set a public hearing for April 1, 2019, to consider a Development
Agreement for the Prairie Farms Dairy, Inc. property located at 3510 Central Avenue.
Upon motion the documents were received and filed and Resolution No. 100-19 Fixing
the date for a public hearing on the City Council of the City of Dubuque, Iowa on a pro-
posed development Agreement between the City of Dubuque, Iowa and Prairie Farms
Dairy, Inc. including the issuance of Urban Renewal Tax Increment Revenue Obligations,
and providing for the publication of notice thereof was adopted setting a public hearing
for a meeting to commence at 6:00 p.m. on April 1, 2019 in the Historic Federal Building.
31
RESOLUTION NO. 100-19
FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA ON A PROPOSED DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF DUBUQUE, IOWA AND PRAIRIE FARMS DAIRY, INC. INCLUDING THE
ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVENUE OBLIGATIONS,
AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF
Whereas, the City of Dubuque, Iowa and Prairie Farms Dairy, Inc. have entered into a
Development Agreement, subject to the approval of the City Council, for the rehabilitation
of property located at 3510 Central Avenue, a copy of which Development Agreement is
now on file at the Office of the City Clerk, City Hall, 50 W. 13th Street, Dubuque, Iowa;
and
Whereas, the City Council has tentatively determined that it would be in the best inter-
ests of the City to approve the Development Agreement with Prairie Farms Dairy, Inc.;
and
Whereas, it is deemed necessary and advisable that the City Council authorize Urban
Renewal Tax Increment Revenue obligations, as provided by Chapter 403 of the Code of
Iowa, and enter into the Development Agreement for the purpose of carrying out the re-
habilitation of property located at 3510 Central Avenue; and
Whereas, before said obligations may be approved, Chapter 403 of the Code of Iowa
requires that the City Clerk publish a notice of the proposal and of the time and place of
the meeting at which the City Council proposes to take action thereon and at which meet-
ing the City Council shall receive oral and/or written objections from any resident or prop-
erty owner of the City to such proposed action.
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 a notice to be
published as prescribed by Iowa Code Section 403.9 of a public hearing on the City's
intent to approve the Development Agreement and authorize Urban Renewal Tax Incre-
ment Revenue obligations, to be held on the 1st day of April 2019, at 6:00 o'clock p.m. in
the City Council Chambers at the Historic Federal Building, 350 W. 6th St., Dubuque,
Iowa.
Section 2. The City Council will meet at said time and place for the purpose of taking
action on the matter of approving the Development Agreement with Prairie Farms Dairy,
Inc. and authorizing Urban Renewal Tax Increment Revenue obligations, the proceeds of
which obligations will be used to carry out certain of the special financing activities de-
scribed in the Amended and Restated Urban Renewal Plan for the Greater Downtown
Urban Renewal District, consisting of the funding of economic developments g rants to
Prairie Farms Dairy, Inc. pursuant to the Development Agreement. It is expected that the
aggregate amount of the Tax Increment Revenue obligations to be issued will be approx-
imately $420,000.
Section 3. The City Clerk is hereby directed to cause at least one publication to be
made of a notice of said meeting, in a newspaper, printed wholly in the English language,
published at least once weekly, and having general circulation in said City, said publica-
tion to be not less than four days nor more tha n twenty days before the date of said
meeting on the issuance of said obligations.
32
Section 4. The notice of the public hearing and the proposed action to issue said obli-
gations shall be in substantially the form attached hereto.
Passed, approved and adopted this 18th day of March, 2019.
Roy D. Buol, Mayor
Attest Kevin S. Firnstahl, City Clerk
BOARDS/COMMISSIONS
Appointments were made to the following commissions.
1. Community Development Advisory Commission: One, 3-Year term through Febru-
ary 15, 2020 (Vacant term of James). Applicant: Ellen Pinnola, 1420 Glen Oak St. Motion
by Jones to appoint Ms. Pinnola to the 3-year term through February 15, 2020. Seconded
by Resnick. Motion carried 6-0.
2. Long Range Planning Advisory Commission: One, 3-Year term through July 1, 2020
(Vacant term of James); and one, 3-Year term through July 1, 2021 (Vacant term of
Darter). Applicants: Michael Peroski, 1935 Coates St.; and Tyler Stoffel, 960 Boyer St.
Motion by Larson to appoint Mr. Peroski to the 3-year term through July 1, 2020; and Mr.
Stoffel to the 3-year term through July 1, 2021. Seconded by Del Toro. Motion carried 6 -
0.
3. Mechanical and Plumbing Code Board: One, 3-Year term through March 16, 2022
(Expiring term of Hillary). Applicant: Daniel Hillary, 3087 Arbor Oaks Dr. Motion by Jones
to appoint Mr. Hillary to the 3-year term through 2022. Seconded by Resnick. Motion
carried 6-0.
PUBLIC HEARINGS
1. Request to Rezone - SWAD, LLC for Property W est of English Mill Road and South
of the Southwest Arterial: Proof of publication on notice of public hearing to consider ap-
proval of a request from Michael Portzen, SWAD, LLC to rezone property west of English
Mill Road and south of the SW Arterial from A-1 County Agricultural Zoning District to C-
3 General Commercial Zoning District in conjunction with annexation, and the Zoning
Advisory Commission recommending approval. Motion by Larson 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 Jones. Planning Services Manager Laura Carstens provided
a staff report and the developer was present. Motion carried 6-0.
Motion by Larson for final consideration and passage of Ordinance No. 18-19 Amend-
ing Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by
reclassifying hereinafter described property, in conjunction with a nnexation, located north
of Shrewsbury Lane from County A-1 Agricultural District to City C-3 General Commercial
District. Seconded by Jones. Motion carried 6-0.
33
OFFICIAL PUBLICATION
ORDINANCE NO. 18-19
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED
PROPERTY, IN CONJUNCTION WITH ANNEXATION, LOCATED NORTH OF
SHREWSBURY LANE FROM COUNTY A-1 AGRICULTURAL DISTRICT TO CITY C-3
GENERAL COMMERCIAL 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, the Unified Devel-
opment Code, is hereby amended by reclassifying the hereinaf ter described property, in
conjunction with annexation, from County A-1 Agricultural District to City C-3 General
Commercial District, to wit:
PIN#1505126004.
Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning
Advisory 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 March 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 March 2019.
/s/Kevin S. Firnstahl, City Clerk
2. Voluntary Annexation Request - SWAD, LLC: Proof of publication on notice of public
hearing to consider approval of a 100% voluntary annexation request filed by Michael
Portzen, SWAD, LLC, for approximately 28.48 acres of property located south of the
Southwest Arterial, west of English Mill Road and north of English Ridge Subdivision
owned by the Carolyn S. Haupert Trust, concurrent with rezoning, and the City Manager
recommending approval. Motion by Del Toro to receive and file the documents and adopt
Resolution No. 101-19 Approving an application for voluntary annexation of territory to
the City of Dubuque, Iowa. Seconded by Jones. Motion carried 6-0.
RESOLUTION NO. 101-19
APPROVING AN APPLICATION FOR VOLUNTARY ANNEXATION 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:
34
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
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:
Section 1. That the application from Michael Portzen, SWAD, LLC for the voluntary
annexation of 28.48 acres of property owned by Carolyn S. Haupert Trust hereby be ap-
proved for annexation to the City of Dubuque.
Section 2. That subject to the acknowledgement by the Secretary of State that the legal
description, map and resolution have been received, the corporate limits of the City of
Dubuque be, and they hereby extended to include the 28.48 acres of property as shown
on Exhibit A.
Section 3. That the City Council does hereby certify that the City of Dubuque has com-
plied with the notice and hearing requirements of the Iowa Code pertainin g to 100% vol-
untary annexation of territory not in urbanized area of another city.
Section 4. That the territory hereby annexed shall become a part of Ward One of the
City of Dubuque.
Section 5. That the City Clerk shall file this resolution, all exhibits and the applications
for voluntary annexation with the Secretary of State in accordance with the provisions of
Chapter 368 of the Iowa Code.
Passed, approved and adopted this 18th day of March 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. Request to Rezone 1640 Main Street: Proof of publication on notice of public hearing
to consider a request from Terry Wilson to rezone property located at 1640 Main Street
from R-4 Multi-Family Residential Zoning District to OR Office Residential Zoning District,
and the Zoning Advisory Commission recommending approval. Motion by Resnick to re-
ceive and file the documents and that the requirement that a proposed ordinance be con-
sidered and voted on for passage at two Council meetings prior to the meetin g at which
it is to be passed be suspended. Seconded by Del Toro. Planning Services Manager
Laura Carstens provided a staff report. The developer was present. Motion carried 6 -0.
Motion by Resnick for final consideration and passage of Ordinance No. 19-19 Amend-
ing Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by
35
reclassifying hereinafter described property located at 1640 Main Street from R -4 Multi-
Family Residential District to OR Office Residential District. Seconded by Del Toro. Mo-
tion carried 6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 19-19
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED AT 1640 MAIN ST FROM R-4 MULTI-FAMILY RESIDENTIAL
DISTRICT TO OR OFFICE 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, Un ified Develop-
ment Code, is hereby amended by reclassifying the hereinafter described property from
R-4 Multi-Family Residential District to OR Office Residential District, to wit:
West 113' of North 67' of City Lot 746, South 147' of West ½ of City Lot 746 , East
15' of North 67' of West ½ of City Lot 746, and the East 20 feet of the South ½ of
East ½ of City Lot 746, and to the centerline of the adjoining public 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 March 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 March 2019.
/s/Kevin S. Firnstahl, City Clerk
4. 2019 Decorative Concrete Maintenance Project: Proof of publication on notice of
public hearing to consider approval of the plans, specifications, form of contract and esti-
mated cost of the 2019 Decorative Concrete Maintenance Project, and the City Manager
recommending approval. Motion by Del Toro to receive and file the documents and adopt
Resolution No. 102-19 Approval of plans, specifications, form of contract, and estimated
cost for the 2019 Decorative Concrete Maintenance Project. Seconded by Larson. Motion
carried 6-0.
RESOLUTION NO. 102-19
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTI-
MATED COST FOR THE 2019 DECORATIVE CONCRETE MAINTENANCE 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
2019 Decorative Concrete Maintenance Project, in the estimated amount $165,000.00,
are hereby approved.
36
Passed, adopted and approved this the 18th day of March 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. Seippel Road Water Main Relocation Project - Landfill Access Frontage Road: Proof
of publication on notice of public hearing to consider approval of the plans, specifications,
form of contract and estimated cost for the Seippel Road Water Main Relocation Project,
and the City Manager recommending approval. Motion by Resnick to receive and file the
documents and adopt Resolution No. 103-19 Approval of plans, specifications, form of
contract, and estimated cost for the Seippel Road Water Main Relocation Project. Se-
conded by Jones. Motion carried 6-0.
RESOLUTION NO. 103-19
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTI-
MATED COST FOR THE SEIPPEL ROAD WATER MAIN RELOCATION 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
Seippel Road Water Main Relocation Project, in the estimated amount $113,432.00, are
hereby approved.
Passed, adopted and approved this the 18th day of March 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
6. Greater Downtown Urban Renewal District - Resolution of Adoption: Proof of publi-
cation on notice of public hearing to consider approval of the Resoluti on of Adoption for
the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Re-
newal District, and the City Manager recommending approval. Motion by Del Toro to re-
ceive and file the documents and adopt Resolution No. 104-19 Approving the Amended
and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District .
Seconded by Resnick. Motion carried 6-0.
RESOLUTION NO. 104-19
APPROVING THE AMENDED AND RESTATED URBAN RENEWAL PLAN FOR THE
GREATER DOWNTOWN URBAN RENEWAL DISTRICT
Whereas, by Resolution 63-19 on February 18, 2019 the City Council of the City of
Dubuque, Iowa authorized the preparation of an Amended and Restated Urban Renewal
Plan (the "Amended and Restated Plan") for the Greater Downtown Urban Renewal Dis-
trict (the "District"); and
Whereas, the City of Dubuque's primary objective for the Amended and Restated Plan
is to provide opportunities which will further economic development purposes and objec-
tives and remediate blighting conditions, and that to address these obje ctives additional
projects are being added as described in the Amended and Restated Plan; and
Whereas, a consultation process has been undertaken with affected taxing entities in
accordance with Chapter 403 of the Code of Iowa with no written objections or recom-
mended changes to the Amended and Restated Plan received; and
37
Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has
held a public hearing on the proposed Amended and Restated Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Amended and Restated Urban Renewal Plan for the Greater Down-
town Urban Renewal District, on file in the City Clerk's Office and made reference to
herein, is hereby approved; that a feasible method exists for the location of any families
who will be displaced from the District into decent, safe and sanitary dwelling accommo-
dations within their means and without undue hardship to such families; and that the
Amended and Restated Plan conforms to the general plan of the City as a whole. The
City does not currently anticipate the acquisition of any real property in connection with
the land and projects being added by the Amended and Restated Plan; however, as to
any areas of open land to be acquired by the City included within the District:
a. With respect to any portions thereof which are to be developed for residential
uses, this City Council hereby determines that a shortage of housing of sound stand-
ards and design with decency, safety and sanitation exists within the City; that the
acquisition of the area for residential uses is an integral part of and essential to the
program of the municipality; and that one or more of the following conditions exist:
i. That the need for housing accommodations has been or will be increased as
a result of the clearance of slums in other areas, including other portions of the
urban renewal area.
ii. That conditions of blight in the municipality and the shortage of decent, safe
and sanitary housing cause or contribute to an increase in and spread of disease
and crime, so as to constitute a menace to the public health, safety, morals, or
welfare.
iii. That the provision of public improvements related to housing and residential
development will encourage housing and reside ntial development which is nec-
essary to encourage the retention or relocation of industrial and commercial en-
terprises in this state and its municipalities.
iv. The acquisition of the area is necessary to provide for the construction of
housing for low and moderate-income families.
b. With respect to those portions thereof which are to be developed for non -resi-
dential uses, such non-residential uses are necessary and appropriate to facilitate
the proper growth and development of the City in accordance with sound planning
standards and local community objectives.
Section 2. That the City Clerk of the City of Dubuque, Iowa is hereby authorized and
directed to file a certified copy of this Resolution in the office of the Dubuque County
Auditor.
Passed, approved and adopted this 18th day of March 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
38
ACTION ITEMS
1. Crescent Community Health Center 2018 Year in Review: Crescent Community
Health Center Board Chair and City of Dubuque Public Health Specialist Mary Rose Cor-
rigan submitting the Crescent Community Health Center 2018 Year in Review with a short
video presentation. Motion by Larson to receive and file the document and watch the
video. Seconded by Del Toro. Brooke Gomez, Interim CEO for Crescent Community
Health Center, provided a brief, verbal update and stated that the Center will do a phased
move-in to its new facility expected during October/November 2019. Motion carried 6-0.
2. Miracle League of Dubuque Construction Plan Approval and Presentation: City Man-
ager recommending approval of the plans and specifications for the Miracle League of
Dubuque Project and Presentation. Motion by Larson to receive and file the documents
and watch the presentation. Seconded by Del Toro. Ken Johnson and Benjamin Beard
with Straka Johnson Architects provided a brief slide presentation on the history and de-
sign of the project adding that they expect to start construction soon and complete the
project in Fall 2019. Motion carried 6-0.
3. Pre-Annexation Agreement -IADU Table Mound MHP, LLC (d/b/a RV Horizons):
City Manager recommending approval of a Pre-Annexation Agreement with IADU Table
Mound MHP, LLC d/b/a RV Horizons for the Table Mound Trailer Park, in conjunction
with a request to connect to City water and sewer. Motion by Del Toro to receive and file
the documents and adopt Resolution No. 105-19 Approving a Pre-Annexation Agreement
between the City of Dubuque, Iowa and David H. Reynolds, President, RV Horizons, Inc.;
and Resolution No. 106-19 Amending Resolution No. 201-18 Approving a Memorandum
of Understanding between the City of Dubuque and IADU Table Mound MHP, LLC for
repairs and improvements to its water distribution and sanitary sewer collection system.
Seconded by Resnick. Motion carried 6-0.
RESOLUTION NO. 105-19
APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBU-
QUE, IOWA AND DAVID H. REYNOLDS, PRESIDENT, RV HORIZONS, INC.
Whereas, David H. Reynolds, President, RV Horizons, Inc., the owner of the following
described property in Dubuque County, Iowa (the Property) have submitted to the City
Council of the City of Dubuque an application for voluntary annexation of the Property to
the City of Dubuque:
Lot 2 of the north one-half of the north east ¼ of Section 12, Township 88 North,
Range 2, East of the 5th P.M., in Dubuque County, Iowa, according to recorded Plat
thereof; Lot 43, except the south 10 feet thereof; Lots 44 and 44A ; Lot 1 of Lot 1 of
Lot 51 in Kerrigan Road Heights, in Table Mound Township, Dubuque County, Iowa,
according to the respective recorded Plats thereof; Lot 1 of Lot 1 of Lot 4 in Annie
Waller’s Subdivision No. 2, in Sections 1 & 12, in Township 88 North, Range 2 East
of the 5th P.M., in Dubuque County, Iowa, according to the recorded Plats of said
respective Subdivisions, EXCEPT portions thereof taken by the State of Iowa, in
Condemnation Proceedings, in Book of Lands #58, Page 70 et seq., records of
39
Dubuque County, Iowa; and Lot 1 of Table Mound Mobile Home Park No. 3, in the
City of Dubuque, Iowa, according to the recorded Plat thereof.
Whereas, David H. Reynolds, President, RV Horizons, Inc. has entered into a Pre -
annexation Agreement with the City of Dub uque a copy of which is attached hereto gov-
erning the future annexation of the Property; and
Whereas, the Property is not subject to an existing annexation moratorium; and
Whereas, the Property does not include any state or railroad property; and
Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property in
Dubuque County, Iowa and the extension of city limits by voluntary annexation; and
Whereas, the annexation of the Property is consistent with the Comprehensive Plan of
the City of Dubuque, necessary for the future orderly growth and development of the City
of Dubuque, and will promote efficient and cost-effective extension of municipal services;
and
Whereas, the City Council finds that the annexation of the Property is in the public
interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Pre-annexation Agreement by and between David H. Reynolds, Presi-
dent, RV Horizons, Inc., and the City of Dubuque is hereby approved.
Passed, approved and adopted this 18th day of March 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 106-19
AMENDING RESOLUTION NO. 201-18 APPROVING A MEMORANDUM OF UNDER-
STANDING BETWEEN THE CITY OF DUBUQUE AND IADU TABLE MOUND MHP,
LLC FOR REPAIRS AND IMPROVEMENTS TO ITS WATER DISTRIBUTION AND
SANITARY SEWER COLLECTION SYSTEM
Whereas, IADU Table Mound MHP, LLC owns a private water distribution system that
serves three areas outside the City of Dubuque: Table Mound 1 Mobile Home Park, the
Kerrigan Heights subdivision, and seven commercial businesses located on Rockdale
Road; and
Whereas, IADU Table Mound MHP, LLC owns a private sanitary sewer collection sys-
tem that serves two areas outside the City of Dubuque: Table Mound 1 Mobile Home Park
and the Kerrigan Heights subdivision; and
Whereas, the City of Dubuque owns, operates, and maintains the City of Dubuque
water distribution system that serves over 23,000 customers located both in and outside
the corporate limits of the City; and
Whereas, the City of Dubuque owns, operates, and maintains the public sanitary sewer
collection system which serves over 23,000 customers located both in and outside the
corporate limits of the City; and
Whereas, IADU Table Mound MHP, LLC wished to make necessary repairs and im-
provements to its water distribution system and sanitary sewer collection system to make
the systems compliant with Iowa Department of Natural Resources requirements and City
of Dubuque standards; and
40
Whereas, after completion of improvements to the Table Mound water distribution and
sanitary sewer collection system, when its water and sanitary sewer components are
deemed compliant with both Iowa Department of Natural Resources requirements and
City of Dubuque standards, IADU Table Mound MHP, LLC wishes to dedicate portions of
the water distribution and sanitary sewer collection system to the City of Dubuque for
operation as part of the City of Dubuque’s water distribution and sanitary sewer collection
systems; and
Whereas, after improvements have been made and the IADU Table Mound MHP,
LLC’s water distribution and sanitary sewer collection system is deemed compliant with
Iowa Department of Natural Resources requirements and City of Dubuque standards, the
IADU Table Mound MHP, LLC’s water distribution and sanitary sewer collection system
will be connected to the City of Dubuque’s water distribution and sanitary sewer collection
system. Customers served by the existing IADU Table Mound MHP, LLC system will be
served by the City of Dubuque’s water distribution and sanitary sewer collection systems
after connection; and
Whereas, the City desires to accept portions of the IADU Table Mound MHP, LLC
system after the system meets Iowa Department of Natural Resources requirements and
City of Dubuque standards and will serve customers located within the system; and
Whereas, the City of Dubuque and IADU Table Mound MHP, LLC wish to enter into a
Memorandum of Understanding for the improvements to the water distribution and sani-
tary sewer collection system, for the dedication of portions of that system to the City of
Dubuque, and for the transfer of water service from IADU Table Mound MHP, LLC to the
City of Dubuque; and
Whereas, the City Council of the City of Dubuque, Iowa finds that it is in the best inter-
ests of the City to approve this Memorandum of Understanding.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE,
IOWA AS FOLLOWS:
Section 1. The seventh WHEREAS clause of Resolution 201 -18 is amended to read
as follows:
Whereas, after improvements have been made and the IADU Table Mound MHP,
LLC’s water distribution and sanitary sewer collection system is deemed compliant
with Iowa Department of Natural Resources requirements and City of Dubuque
standards, the IADU Table Mound MHP, LLC’s water distribution and sanitary sewer
collection system will be connected to the City of Dubuque’s water distribution and
sanitary sewer collection system. Customers served by the existing IADU Table
Mound MHP, LLC system will be served by the City of Dubuque’s water distribution
and sanitary sewer collection systems after connection and upon execution of pre -
annexation documents if customers are located outside the City limits; and
Section 2. The Memorandum of Understanding attached is approve d on behalf of the
City of Dubuque. The Mayor and City Clerk are authorized to execute the Memorandum
of Understanding.
Section 3. The City Manager, City Attorney, and the City’s legal counsel are hereby
authorized to take all necessary actions to execute this Memorandum of Understanding.
Section 4. The City Clerk is hereby authorized and directed to record this Resolution
and all supporting materials with the Dubuque County Recorder.
Passed, approved and adopted this 18th day of March 2019.
41
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
4. Award Marquette Place Sanitary Sewer and Water Main Extension Project : City
Manager recommending award of the Marquette Place Sanitary Sewer and Water Main
Extension Project construction contract to the low bidder Top Grade Excavating, Inc. Mo-
tion by Resnick to receive and file the documents and adopt Resolution No. 107-19
Awarding public improvement contract for the Marquette Place Sanitary Sewer and Water
Main Reconstruction Project. Seconded by Del Toro. Motion carried 6-0.
RESOLUTION NO. 107-19
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE MARQUETTE PLACE
SANITARY SEWER AND WATER MAIN RECONSTRUCTION PROJECT
Whereas, sealed proposals have been submitted by contractors for the Marquette
Place Sanitary Sewer and Water Main Reconstruction Project, (the Project) pursuant to
Resolution No. 58-19 and Notice to Bidders published on the City of Dubuque, Iowa web-
site and plan room service with statewide circulation on the 20th day of February 2019;
and
Whereas, said sealed proposals were opened and read on the 7th day of March 2019
and it has been determined that Top Grade Excavating, Inc. of Farley, IA with a bid in the
amount of $357,856.25 is the lowest responsive, responsible bidder for the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a Public Improvement Contract for the Project is hereby awarded to Top Grade
Excavating, Inc. and the City Manager is hereby directed to execute a Public Improve-
ment Contract on behalf of the City of Dubuque for the Project.
Passed, adopted and approved this 18th day of March 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. Mobile Vendor Agreement and Application: City Manager recommending approval
of the establishment of a new Mobile Vendor Agreement and Permit Application process.
Motion by Del Toro to receive and file the documents and approve the recommendation.
Seconded by Resnick. Motion carried 6-0.
There being no further business, upon motion the City Council adjourned at 6:52 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk