5 5 14 City Council Proceedings Official_Regular and SpecialCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special session at 5:00 p.m. on May 5, 2014 in the
Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sut-
ton; City Manager Van Milligen, City Attorney Lindahl
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 Upper Bee Branch Creek Restora-
tion Project Landscaping Design.
WORK SESSION
Upper Bee Branch Creek Restoration Project
Landscaping Design
Civil Engineer Deron Muehring, Mike Bridwell of Strand Associates, Inc., and Abbie
Moilien of Ken Saiki Design (Madison, WI) provided a slide presentation on the land-
scaping design elements for the Upper Bee Branch Creek Restoration Project. Topics
included:
Planting and Aesthetics
• Partl
o Overall plan view
o Inlet planting plan, seating and flagpoles
o Inlet crossing planting plan and biofields
o Outlet planting plan, seating and flagpoles
• Part II
o Rhomberg Avenue crossing planting plan, bridge, and bridge planting plan
o Lincoln Avenue to 22nd Street area planting plans
o Orchard amenity and planting plan
o Amphitheater amenity and planting plan
o 22nd Street parking lot and planting plan
o Slide Play Area amenity and planting plan
o Prince Street and 24th Street area and planting plan
o 24t" Street Bike Trailhead/Overlook planting plan
o 24th Street outfall and planting plan
o Channel cross sections and lunker construction
o Retaining wall options and water levels
City Council had discussion with the presenters and staff following the presentation.
Leisure Services Manager Marie Ware and Northend Neighborhood Association Presi-
dent Chuck Harris responded to questions.
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 6:30 p.m. on May 5, 2014 in the
Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sut-
ton; City Manager Van Milligen, City Attorney Lindahl
Mayor Buol read the call and stated this is a regular session of the City Council called
for the purpose of conducting such business that may properly come before the City
Council.
PLEDGE OF ALLEGIANCE
PROCLAMATION(S)
1. Kids to Parks Day (May 17, 2014) was accepted by Park Division Manager Steven
Fehsal;
2. Bike to Work Week (May 12-16, 2014): was accepted by Parrish Maruug, 1072
Central, on behalf of TriState Trail Vision;
3. Mental Health Month (May 2014): was accepted by Debra Klein, 18 Hickory St.
East Dubuque, IL on behalf of Mental Health America;
4. Preservation Month (May 2014) was accepted by Historic Preservation Commis-
sion Chairperson Bob McDonell and Commissioner Chris Olson.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dis-
pose of as indicated. Seconded by Connors. Motion carried 7-0.
1. Minutes and Reports Submitted: City Council Proceedings of 4/21, Community
Development Advisory Commission of 4/23, Historic Preservation Commission of 4/17,
Housing Commission of 3/25, Human Rights Commission of 3/10, Investment Oversight
Advisory Commission of 4/23, Long Range Planning Advisory Commission of 4/16, Sis-
ter City Relationships Advisory Commission of 4/16, Zoning Board of Adjustment of
4/24, Proof of Publication for City Council Proceedings of 4/7. Upon motion the docu-
ments were received and filed.
2. Notice of Claims and Suits: Danny Boleyn for property damage, Gina Harkey for
property damage, Sondra Koch for property damage, McCrea vs City of Dubuque for
gender discrimination, Amy Muchmore for vehicle damage, Jeffry Potts for vehicle dam-
age, Amy Zirtzman for personal injury. Upon motion the documents were received, filed
and referred to the City Attorney.
3. Disposition of Claims: Danny Boleyn for property damage, Sondra Koch for proper-
ty damage, Gina Harkey for property damage, Amy Muchmore for vehicle damage, Jef-
fry Potts for vehicle damage, and Amy Zirtzman for personal injury. Upon motion the
documents were received, filed and concurred.
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4. Riverview Center: Correspondence from Faye Clark, Executive Director of the
Riverview Center, thanking the City Council for the Purchase of Services grant to sup-
port a sexual assault therapist position. Upon motion the document was received and
filed.
5. Volunteer Hall of Fame Recognition: City Manager transmitting information about
AmeriCorps Partners in Learning member Becca Johnson being inducted into the State
of Iowa Volunteer Hall of Fame. Upon motion the documents were received and filed.
6. Washington Neighborhood Intersection Painting Project at 1611" and Washington
Streets: City Manager recommending approval of a street intersection painting project at
1611" and Washington Streets. Upon motion the documents were received, filed and ap-
proved.
7. Community Development Block Grant (CDBG) - Amendment 2: City Manager rec-
ommending approval of the Fiscal Year 2014 Annual Action Plan Amendment 2 for the
Community Development Block Grant (CDBG) program, which provides for an amend-
ment to the Fiscal Year 2013 and Fiscal Year 2014 Annual Action Plans by reallocating
funds from the prior Fiscal Year 2013 Annual Plan into the Fiscal Year 2014 Annual
Plan and reprogramming funds for existing and new projects. Upon motion the docu-
ments were received and filed and Resolution No. 126-14 Approving Fiscal Year 2014
(Program Year 2013) Annual Action Plan Amendment 2 for Community Development
Block Grant (CDBG) Funds was adopted.
RESOLUTION NO. 126-14
APPROVING FISCAL YEAR 2014 (PROGRAM YEAR 2013) ANNUAL ACTION PLAN
AMENDMENT 2 FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
FUNDS
Whereas, the City of Dubuque prepared and filed an Annual Action Plan for Fiscal
Years 2014; and
Whereas, the City of Dubuque now desires to amend said Annual Plan by reallocat-
ing funds between existing activities; and
Whereas, said amendment is a substantial amendment as provided in the City's Citi-
zen Participation Plan and therefore must be approved by resolution of the City Council
after a public hearing by the Community Development Advisory Commission;
andWhereas, the City advertised a 30 day public comment period beginning March 20,
2014; and
Whereas, the Community Development Advisory Commission reviewed said
amendment on April 23, 2014 and voted to approve said amendment and recommend
approval by the City Council.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Annual Action Plan for Fiscal Years 2013 and 2014 are hereby
rescinded and the balance of funds from these plans are incorporated into a Fiscal Year
2014 (Program Year 2013) Annual Action Plan — Amendment 2, attached hereto as Ex-
hibit A.
Section 2. That said Fiscal Year 2014 (Program Year 2013) Annual Action Plan
Amendment 1 attached hereto as Exhibit A is hereby approved.
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Section 4. That the City Manager is hereby authorized and directed to submit a copy
of this resolution and amendment to the U.S. Department of Housing and Urban Devel-
opment.
Passed, approved and adopted this 5th day of May, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Finstahl, City Clerk
8. Quarterly Investment Report: City Manager transmitting the Quarterly Investment
Report for March 31, 2014. Upon motion the documents were received and filed.
9. Notices of Expiration of Right of Redemption: City Manager recommending ap-
proval for any attorney in the City Attorney's office to sign Notices of Expiration of Right
of Redemption. Upon motion the documents were received and filed and Resolution No.
127-14 Authorizing the attorneys in the City of Dubuque City Attorney's Office to sign
Notices of Expiration of Right of Redemption was adopted.
RESOLUTION NO. 127-14
AUTHORIZING THE ATTORNEYS IN THE CITY OF DUBUQUE CITY ATTORNEY'S
OFFICE TO SIGN NOTICES OF EXPIRATION OF RIGHT OF REDEMPTION
Whereas, Iowa Code §447.9 outlines the requirements for providing notice of expira-
tion of right of redemption of real estate which has been sold at a tax sale; and
Whereas, Iowa Code §447.9 requires that the city officer signing the notice of expira-
tion of right of redemption be authorized to sign the notice by resolution of the City
Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council hereby authorizes the City Attorney and the Assistant
City Attorneys to sign notices of expiration of right of redemption on behalf of the City of
Dubuque.
Passed, approved and adopted this 5th day of May, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
10. Public Transit Infrastructure Grant (PTIG) - Bus Storage Facility: City Manager
recommending approval to move forward with an application to the Public Transit Infra-
structure Grant program to seek additional funding for the Bus Storage Facility. Upon
motion the documents were received and filed and Resolution No. 128-14 Approval of
grant application to Public Transit Infrastructure Grant (PTIG) Program for Bus Storage
Facility was adopted.
RESOLUTION NO. 128-14
PUBLIC TRANSIT INFRASTRUCTURE AUTHORIZING RESOLUTION APPROVAL
OF GRANT APPLICATION TO PUBLIC TRANSIT INFRASTRUCTURE GRANT
(PTIG) PROGRAM FOR BUS STORAGE FACILITY
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
We hereby authorize Candace Eudaley, Director of Transit Operations, on behalf of
the City of Dubuque/The Jule, to apply for financial assistance from state funds from the
Public Transit Infrastructure Grant Program and to enter into a related contract(s) with
the Iowa Department of Transportation in the amount of $600,000.
We certify that the City of Dubuque/The Jule has sufficient non -US DOT funding to
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provide required match for public transit infrastructure projects under this program,
$150,000, and that $2,674,692 of federal funding is included in this project and we also
certify that the proposed project, if funded will be substantially completed within 18
months of contract award.
Passed, adopted and approved this 5t" day of May, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
11. Jule Transit System - Consolidated Funding Application: City Manager recom-
mending approval of the Consolidated Funding Application, as submitted, and approve
signature of the Lobbying Cost Certificate, Certificate of Cost Allocation Plan and Au-
thorizing Resolution for the Iowa Department of Transportation Consolidated Funding
Application for Fiscal Year 2015 for The Jule. Upon motion the documents were re-
ceived and filed and Resolution No. 129-14 Approval of grant application to Iowa DOT
for consolidated funding was adopted.
RESOLUTION NO. 129-14
PUBLIC TRANSIT INFRASTRUCTURE AUTHORIZING RESOLUTION APPROVAL
OF GRANT APPLICATION TO IOWA DOT FOR CONSOLIDATED FUNDING
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
We hereby authorize Candace Eudaley, Director of Transit Operations, on behalf of
the City of Dubuque/The Jule, to apply for financial assistance as noted below and to
enter into related contract(s) with the Iowa Department of Transportation.
From the State Transit Assistance Program: 1.854850% of formula funds.
From federal funds for transit in non -urbanized areas and/or for transit serving pri-
marily elderly persons and persons with disabilities: $46,273.
From statewide federal capital assistance for transit: $948,308.
We understand acceptance of federal transit assistance involves an agreement to
comply with certain labor protection provisions.
We certify that the City of Dubuque/The Jule has sufficient non-federal funds to pro-
vide required local match for capital projects and at time of delivery will have the funds
to operate and maintain vehicles and equipment purchased under this contract.
We request that State Transit Assistance formula funding be advances as allowed by
law, to improve system cash flow.
Passed, adopted and approved this 5t" day of May, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
12. Housing Enterprise Zone Agreement - 253 Main St.: City Manager recommending
approval of a Housing Enterprise Zone Program Agreement by and among the Iowa
Economic Development Authority, the City of Dubuque and Ken Oberbroeckling for
Housing Enterprise Zone benefits related to the redevelopment of 253 Main Street. Up-
on motion the documents were received and filed and Resolution No. 130-14 Approving
a Housing Enterprise Zone Program Agreement by and among the Iowa Economic De-
velopment Authority, the City of Dubuque and Ken Oberbroeckling was adopted.
RESOLUTION NO. 130-14
APPROVING A HOUSING ENTERPRISE ZONE PROGRAM AGREEMENT BY AND
AMONG THE IOWA ECONOMIC DEVELOPMENT AUTHORITY, THE CITY OF
DUBUQUE AND KEN OBERBROECKLING
5
Whereas, the City of Dubuque has established two Enterprise Zones and an Enter-
prise Zone Commission; and
Whereas, the Enterprise Zone Commission on December 19, 2013 approved the ap-
plication of Ken Oberbroeckling for Housing Enterprise Zone benefits; and
Whereas, Ken Oberbroeckling's application was approved by the Iowa Economic De-
velopment Authority on February 19, 2014; and
Whereas, the Iowa Economic Development Authority has prepared and submitted for
City Council approval an agreement relating to Housing Enterprise Zone benefits for
Ken Oberbroeckling, a copy of which is attached hereto and by this reference made a
part hereof; and
Whereas, the City Council finds that the proposed agreement is acceptable and nec-
essary to the growth and development of the City.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Iowa Economic Development Authority Housing Enterprise Zone
Program Agreement, Number 14-HEZ-074, is hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute the Agree-
ment on behalf of the City of Dubuque and forward the executed copy to the Iowa Eco-
nomic Development Authority for their approval.
Passed, approved and adopted this 5th day of May, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
13. Iowa Department of Transportation Acceptance of Patents - Lots at Intermodal
Facility Property: City Manager recommending acceptance of Patents from the State of
Iowa conveying excess state right-of-way properties along Elm Street between 9th and
11th Street. Upon motion the documents were received and filed and Resolution No.
131-14 Accepting a conveyance of property (Lot 1 of Intermodal Place No. 1 in the City
of Dubuque, Dubuque County, Iowa); Resolution No. 132-14 Accepting a conveyance of
property (Lot 1 of Lot 1 of Lot 2 of Lot 3 of City Lot 505 and Lot 1 of Intermodal Place
No. 2 in the City of Dubuque, Dubuque County, Iowa); and Resolution No. 133-14 Ac-
cepting a conveyance of property (Lot 1 of Intermodal Place No. 3 in the City of Dubu-
que, Dubuque County, Iowa) were adopted.
RESOLUTION NO. 131-14
ACCEPTING A CONVEYANCE OF PROPERTY (LOT 1 OF INTERMODAL PLACE
NO. 1 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA)
Whereas, on February 14, 2014, the City of Dubuque submitted an offer to purchase
Lot 1 of Intermodal Place No. 1 in the City of Dubuque, Dubuque County, Iowa and the
State of Iowa has accepted said offer to purchase; and
Whereas, the City of Dubuque has remitted payment to the State of Iowa as agreed
upon in the offer to purchase said property; and
Whereas, the State of Iowa has executed a conveyance of said property.
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, ac-
cepts, and consents to the Patent from the State of Iowa, a copy of which is attached
hereto, as required by Iowa Code Section 569.7.
6
Section 2. The Mayor is hereby authorized and directed to execute and acknowledge
on behalf of the City of Dubuque any instruments in connection herewith.
Passed, adopted and approved this 5th day of May, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 132-14
ACCEPTING A CONVEYANCE OF PROPERTY (LOT 1 OF LOT 1 OF LOT 2 OF LOT
3 OF CITY LOT 505 AND LOT 1 OF INTERMODAL PLACE NO. 2 IN THE CITY OF
DUBUQUE, DUBUQUE COUNTY, IOWA)
Whereas, on February 14, 2014, the City of Dubuque submitted an offer to purchase
Lot 1 of Lot 1 of Lot 2 of Lot 3 of City Lot 505 and Lot 1 of Intermodal Place No. 2 in the
City of Dubuque, Dubuque County, Iowa and the State of Iowa has accepted said offer
to purchase; and
Whereas, the City of Dubuque has remitted payment to the State of Iowa as agreed
upon in the offer to purchase said property; and
Whereas, the State of Iowa has executed a conveyance of said property.
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, ac-
cepts, and consents to the Patent from the State of Iowa, a copy of which is attached
hereto, as required by Iowa Code Section 569.7.
Section 2. The Mayor is hereby authorized and directed to execute and acknowledge
on behalf of the City of Dubuque any instruments in connection herewith.
Passed, adopted and approved this 5th day of May, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 133-14
ACCEPTING A CONVEYANCE OF PROPERTY (LOT 1 OF INTERMODAL PLACE
NO. 3 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA)
Whereas, on February 14, 2014, the City of Dubuque submitted an offer to purchase
Lot 1 of Intermodal Place No. 3 in the City of Dubuque, Dubuque County, Iowa and the
State of Iowa has accepted said offer to purchase; and
Whereas, the City of Dubuque has remitted payment to the State of Iowa as agreed
upon in the offer to purchase said property; and
Whereas, the State of Iowa has executed a conveyance of said property.
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, ac-
cepts, and consents to the Patent from the State of Iowa, a copy of which is attached
hereto, as required by Iowa Code Section 569.7.
Section 2. The Mayor is hereby authorized and directed to execute and acknowledge
on behalf of the City of Dubuque any instruments in connection herewith.
Passed, adopted and approved this 5th day of May, 2014.
Attest: Kevin S. Firnstahl, City Clerk
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Roy D. Buol, Mayor
14. Iowa Department of Transportation - Acceptance of Patent for Bluff Street Lot:
City Manager recommending acceptance of a Patent from the State of Iowa conveying
excess state right-of-way property on Bluff Street. Upon motion the documents were re-
ceived and filed and Resolution No. 134-14 Accepting a conveyance of property (Lot 1
of Pixler Place No. 2 in the City of Dubuque, Dubuque County, Iowa was adopted.
RESOLUTION NO. 134-14
ACCEPTING A CONVEYANCE OF PROPERTY (LOT 1 OF PIXLER PLACE NO. 2 IN
THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA)
Whereas, on January 30, 2014, the City of Dubuque submitted an offer to purchase
Lot 1 of Pixler Place No. 2 in the City of Dubuque, Dubuque County, Iowa and the State
of Iowa has accepted said offer to purchase; and
Whereas, the City of Dubuque has remitted payment to the State of Iowa as agreed
upon in the offer to purchase said property; and
Whereas, the State of Iowa has executed a conveyance of said property.
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, ac-
cepts, and consents to the Patent from the State of Iowa, a copy of which is attached
hereto, as required by Iowa Code Section 569.7.
Section 2. The Mayor is hereby authorized and directed to execute and acknowledge
on behalf of the City of Dubuque any instruments in connection herewith.
Passed, adopted and approved this 5t" day of May, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
15. Rockfarm Holdings, Inc.: City Manager recommending authorization of the sub-
mission of an Economic Development Assistance Contract by Rockfarm Holdings, Inc.,
the City of Dubuque and the Iowa Economic Development Authority. Upon motion the
documents were received and filed and Resolution No. 135-14 Authorizing the execu-
tion of an Economic Development Assistance Contract by and between Rockfarm Hold-
ings, Inc., the City of Dubuque and the Iowa Economic Development Authority for the
Construction of Company Headquarters in Dubuque was adopted.
RESOLUTION NO. 135-14
AUTHORIZING THE EXECUTION OF AN ECONOMIC DEVELOPMENT ASSIS-
TANCE CONTRACT BY AND BETWEEN ROCKFARM HOLDINGS, INC, THE CITY
OF DUBUQUE AND THE IOWA ECONOMIC DEVELOPMENT AUTHORITY FOR THE
CONSTRUCTION OF COMPANY HEADQUARTERS IN DUBUQUE
Whereas, Rockfarm Holdings, Inc. has proposed making a $2.5 million investment for
the construction of a 10,000 square foot office space facility in Dubuque, Iowa; and
Whereas, the City Council of Dubuque, Iowa has considered said proposal and has
determined that the proposed project will contribute to the local economy in Dubuque
through the creation of 48 jobs; and
Whereas, financial assistance from the Iowa Economic Development Authority is de-
signed to assist in the economic development efforts of local jurisdictions; and
Whereas, the City of Dubuque, Iowa must provide local sponsorship on behalf of
Rockfarm Holdings, Inc. for its Business Financial Assistance Application with the Iowa
Economic Development Authority; and
8
Whereas, the Iowa Economic Development Authority has requested execution of an
Economic Development Assistance Contract in order to finalize incentives and docu-
ment associated terms for the construction of company headquarters in Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. 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 documents as may be required.
Passed, approved, and adopted this 5th day of May, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
16. Health Choices Administrative Services Fee: City Manager recommending ap-
proval of Amendment VI to the Administrative Services Agreement with Health Choices
effective July 1, 2014 through June 30, 2016. Upon motion the documents were re-
ceived, filed and approved.
17. Area Residential Care, Inc., (ARC) - Vocational Services Agreement: City Man-
ager recommending approval of the Area Residential Care, Inc., Vocational Services
Agreement for 2014 for the cleanup of litter and raking of playground safety surfaces at
four department locations. Upon motion the documents were received, filed and ap-
proved.
18. Fiber Optic Cable Facilities Agreement with Dubuque County: City Manager rec-
ommending approval of a Fiber Optic Cable Facilities Agreement between the City of
Dubuque and Dubuque County that will provide network connectivity from the Historic
Federal Building to the Dubuque County Courthouse. Upon motion the documents were
received, filed and approved.
19. Pre -Annexation Agreement — Jelinske: City Manager recommending approval of
a Pre -Annexation Agreement with James and Laura Jelinske in accordance with the
Fringe Area Development Policy. Upon motion the documents were received and filed
and Resolution No. 136-14 Approving a Pre -Annexation Agreement between the City of
Dubuque, Iowa, and James L. and Laura V. Jelinske was adopted.
RESOLUTION NO. 136-14
APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBU-
QUE, IOWA AND JAMES L. AND LAURA V. JELINSKE
Whereas, James L. and Laura V. Jelinske are the owners of the following described
property in Dubuque County, Iowa (the Property) and have submitted to the City Council
of the City of Dubuque an application for voluntary annexation of the Property to the City
of Dubuque:
The SE' SE 1/4 Section 9, T88N, R2E of the 5t" P.M., Dubuque County, Iowa; and
Whereas, James L. and Laura V. Jelinske have entered into a Pre -Annexation
Agreement with the City of Dubuque, a copy of which is attached hereto governing 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
9
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 in-
terest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Pre -Annexation Agreement by and between James L. and Laura V.
Jelinske and the City of Dubuque is hereby approved.
Passed, approved and adopted this 5th of May, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
20. Inclusive Dubuque - Contracted Services Agreement: City Manager recommend-
ing approval of a Contracted Services Agreement with Inclusive Dubuque. Upon motion
the documents were received, filed and approved.
21. Spark vs. City of Dubuque: City Attorney recommending approval of a settlement
related to Spark vs. the City of Dubuque regarding a bankruptcy violation. Upon motion
the documents were received, filed and approved.
22. Mediacom Communications Company: Correspondence from Mediacom Com-
munications Company advising the City of changes in programming taking place on or
about June 1, 2014. Upon motion the document was received and filed.
23. Enterprise Zone Commission Membership: City Manager recommending recogni-
tion of the appointments of Peggy Murray (Iowa Workforce Development) and Daniel
White (Northeast Iowa Community College) to the Enterprise Zone Commission, and
approve the reappointment of City Manager Michael C. Van Milligen to serve on the
Commission. Upon motion the documents were received, filed and approved.
24. Signed Contracts: Dittmer Recycling 2nd Amendment to Agreement for pro-
cessing and marketing of recyclables. Upon motion the document was received and
filed.
25. Alcohol Compliance Civil Penalty for Alcohol License Holders — Lot 1: City Man-
ager recommending approval of the Acknowledgment/Settlement Agreement for an al-
cohol compliance violation for Lot 1, 100 Main Street. Upon motion the documents were
received, filed and approved.
26. Alcohol License Applications: City Manager recommending approval of annual
liquor, beer, and wine licenses as submitted. Upon motion the documents were received
and filed and Resolution No. 137-14 Approving applications for beer, liquor, and/or wine
permits, as required by City of Dubuque Code of Ordinances Title 4 Business and Li-
cense Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses
and Permits was adopted.
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RESOLUTION NO. 137-14
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 ap-
proved; 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:
Buffalo Wild Wings
Catfish Charlie's
Chocolaterie Stam Dubuque
Days Inn & Spirits Bar & Grill
Dubuque Golf & Country Club
Kmart # 4018
Marco's Italian American Food
Mc Cann's Service, Inc.
Oky Doky #1
Paro Food Mart
Ron's Discount Smokes & Bev-
erage Center
Shenanigans Pub, LLC
Shot Tower Inn
Stone Cliff Winery, Inc.
Tobacco Outlet Plus #504
Tott's Tap
Walgreens #06154
Walgreens #09708
Renewals
2805 Northwest Arterial
1630 E 16th St.
269 Main St.
1111 Dodge St.
1800 Randall PI.
2600 Dodge St.
2022 Central Ave.
690 W Locust St.
250 W 1St St.
3200 Central Ave.
1450 Loras Blvd.
3203 Jackson St.
Class C Liquor (Outdoor)
(Sunday)
Class C Liquor (Outdoor)
(Sunday)
Special Class C Liquor,
Class B Wine (Outdoor)
(Sunday)
Class B Liquor (Outdoor)
(Sunday)
Class A Liquor (Outdoor)
Class C Beer, Class B
Wine(Sunday)..........._...................._.....................
Class C Liquor
Class C Beer (Sunday)
Class C Beer, Class B
Wine (Sunday) ............:.._..........................
Class C Beer (Sunday)
Class C Beer (Sunday)
Class C Liquor, Brew Pub
(Sunday)
L390 Locust St. Class C Liquor (Sunday)
600 Star Brewery Dr. Class C Native Wine
_(Sunday) (Outdoor) ......_.__....._........._
806 Wacker Dr. Suite 140 Class C Beer, Class B
Native Wine (Sunday)
3457 Jackson St. Class C Liquor (Sunday)
2260 J.F.K. Rd. Class E Liquor, Class B
Wine, Class C Beer
_ Sunda
55 J.F.K. Rd. Class E Liquor, Class B
Wine, Class C Beer
Sunda
11
Dubuque and All That Jazz
June 20th, July 18th, August
15th and September 5th
Dubuque County Fine Arts
May16th ....__....._................_............—_.
Dubuque Jaycees, Inc. (ARF)
June 12th
Four Mounds Foundation
June 22nd
Four Mounds Foundation
September 18th
Dubuque Lodge No. 355
Hotel Julien Dubuque
Kwik Stop 16th Street #325
Special Events
Town Clock Plaza with
Rain location at Five Flags
Town Clock Plaza
501 Bell St.
4900 Peru Rd.
4900 Peru Rd.
Adding Privilege
2635 Windsor Ave.
200 Main St.
..............._...._................_._New ......_
e....._...
1210E.16hSt.
.
Passed, approved and adopted this 5th day of May, 2014.
Attest: Kevin S. Firnstahl, City Clerk
ITEMS TO BE SET FOR PUBLIC HEARING
Class B Beer (Outdoor)
Class B Beer (Outdoor)
(Sunday)
Class B Beer (Outdoor)
Special Class C Liquor
(Outdoor
Class C Liquor (Sunday)
Adding Permanente Out-
door Service
Adding Catering Privilege
Class E Liquor, Class B
Wine, Class C Beer
(Sunday)
Roy D. Buol, Mayor
Motion by Lynch to receive and file the documents, adopt the resolutions, set the
public hearings as indicated, and direct the City Clerk to publish notice as prescribed by
law. Seconded by Connors. Motion carried 7-0.
1. E.B. Lyons Interpretive Area Expansion Project: City Manager recommending initi-
ation of the bidding process for the E.B. Lyons Interpretive Area Expansion Project, and
further recommends that a public hearing be set for May 19, 2014. Upon motion the
documents were received and filed and Resolution No. 138-14 Preliminary approval of
plans, specifications, form of contract, and estimated cost; setting date of public hearing
on plans, specifications, form of contract, and estimated cost; and ordering the adver-
tisement for bids was adopted setting a public hearing for a meeting to commence at
6:30 p.m. on May 19, 2014 in the Historic Federal Building.
RESOLUTION NO. 138-14
E. B. LYONS EXPANSION PROJECT PRELIMINARY APPROVAL OF PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING
DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The proposed plans, specifications, form of contract and estimated cost for the E. B.
Lyons Expansion Project in the estimated amount $1,054,137.00, are hereby preliminar-
ily approved and ordered filed in the office of the City Clerk for public inspection.
A public hearing will be held on the 19th day of May, 2014, at 6:30 p.m. in the Historic
Federal Building Council Chambers at which time interested persons may appear and
12
be heard for or against the proposed plans and specifications, form of contract and es-
timated cost of said Project, and the City Clerk be and is hereby directed to cause the
attached notice of the time and place of such hearing to be published in a newspaper
having general circulation in the City of Dubuque, Iowa, which notice shall be published
not Tess than four days nor more than twenty days prior to the date of such hearing. At
the hearing, any interested person may appear and file objections to the proposed
plans, specifications, form of contract, or estimated cost of the Project.
The EB Lyons Expansion Project is hereby ordered to be advertised for bids for con-
struction.
The amount of the security to accompany each bid shall be in an amount which shall
conform to the provisions of the Notice to Bidders hereby approved.
The City Clerk is hereby directed to advertise for bids for the construction of the im-
provements herein provided, by publishing the attached Notice to Bidders to be pub-
lished in a newspaper having general circulation in the City of Dubuque, Iowa, which
notice shall be published not less than four but not more than forty-five days before the
date for filing bids before 2:00 p.m. on the 5th day of June, 2014. Bids shall be opened
and read by the City Clerk at said time and will be submitted to the City Council for final
action at 6:30 p.m. on the 16th day of June, 2014, in the Historic Federal Building Coun-
cil Chambers (second floor), 350 West 6th Street, Dubuque, Iowa.
Passed, adopted and approved this 5th day of May, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
BOARDS/COMMISSIONS
Applicants were invited to address the City Council regarding their appointment to the
following Boards/Commissions:
1. Electrical Code Board: Two 3 -year terms through May 21, 2017 (Expired terms of
Dixon and Wilson). Applicants: James Dixon, 2505 Marquette, PI.; and David Wilson,
2918 Washington St. Mr. Wilson spoke in favor of his appointment.
PUBLIC HEARINGS
1. Water Treatment Plant North Softening Basins Rehabilitation Project: City Manag-
er recommending rescinding Resolution No. 107-14, Give preliminary approval to the
specifications for the Water Treatment Plant North Softening Basins Rehabilitation Pro-
ject, and establish May 19, 2014 as the date for the public hearing on the specifications
for this project. Motion by Jones to receive and file the documents; adopt Resolution No.
139-14 Preliminary approval of the specifications, form of contract, and estimated cost;
setting date of public hearing on the specifications, form of contract, and estimated cost;
and ordering the advertisement for bids; and re -set the public hearing for a meeting to
commence at 6:30 p.m. on May 19, 2014 in the Historic Federal Building. Seconded by
Lynch. Motion carried 7-0.
RESOLUTION NO. 139-14
WATER TREATMANT PLANT NORTH SOFTENING BASINS REHABILITATION
PROJECT PRELIMINARY APPROVAL OF THE SPECIFICATIONS, FORM OF CON-
TRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON THE
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDER-
ING THE ADVERTISEMENT FOR BIDS
13
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The proposed plans, specifications, form of contract and estimated cost for the con-
struction cost for the project to improve the Water Treatment Plant North Softening Ba-
sins Rehabilitation are hereby preliminarily approved and ordered filed in the office of
the City Clerk for public inspection.
A public hearing will be held on the 19th day of May, 2014, at 6:30 p.m. in the Historic
Federal Building Council Chambers at which time interested persons may appear and
be heard for or against the proposed specifications, form of contract and estimated cost
of said Project, and the City Clerk be and is hereby directed to cause the attached no-
tice of the time and place of such hearing to be published in a newspaper having gen-
eral circulation in the City of Dubuque, Iowa, which notice shall be published not Tess
than four days nor more than twenty days prior to the date of such hearing. At the hear-
ing, any interested person may appear and file objections to the proposed specifica-
tions, form of contract, or estimated cost of the Project.
The Water Treatment Plant North Softening Basins Rehabilitation Project is hereby
ordered to be advertised for bids for construction.
The amount of the security to accompany each bid shall be in an amount which shall
conform to the provisions of the Notice to Bidders hereby approved.
The City Clerk is hereby directed to advertise for bids for the improvements herein
provided, by publishing the attached Notice to Bidders to be published in a newspaper
having general circulation in the City of Dubuque, Iowa, which notice shall be published
not less than four but not more than forty-five days before the date for filing bids before
2:00 p.m. on the 22nd day of May, 2014. Bids shall be opened and read by the City Clerk
at 2:00 p.m. and will be submitted to the City Council for final action at the public hear-
ing at 6:30 p.m. on the 2nd day of June, 2014, in the Historic Federal Building Council
Chambers (Second Floor), 350 West 6th Street, Dubuque, Iowa.
Passed, adopted and approved this 5th day of May, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Upon motion the rules were suspended allowing anyone present to address the City
Council on the following item:
2. SRF Green Alley Project - Bid Set 4: Proof of publication on notice of public hear-
ing to consider approval of plans, specifications, form of contract and estimated cost for
the SRF Green Alley Bid Set 4 Project and the City Manager recommending approval.
Motion by Lynch to receive and file the documents and adopt Resolution No. 140-14
Approval of plans, specifications, form of contract and estimated cost for the SRF Green
AIIey Bid Set 4 Project; Resolution No. 141-14 Resolution with respect to the adoption
of the Resolution of Necessity proposed for the SRF Green AIIey Bid Set 4 Project; and
Resolution No. 142-14 Approving Schedule of Assessments and estimate of total cost
for the SRF Green AIIey Bid Set 4 Project. Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 140-14
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMAT-
ED COST FOR THE SRF GREEN ALLEY BID SET 4 PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
14
That the proposed plans, specifications, form of contract and estimated cost for the
SRF Green Alley Bid Set 4 Project, in the estimated amount $251,687.57, are hereby
approved.
Passed, adopted and approved this 5t" day of May, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 141-14
RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED
FOR THE SRF GREEN ALLEY BID SET 4 PROJECT
Whereas, the City Council has proposed a Resolution of Necessity for the SRF
Green Alley Bid Set 4 Project and has given notice of the public hearing thereon as re-
quired by law; and
Whereas, the public hearing has been held, all persons offering objections have been
heard and consideration given to all objections and is pending before this Council; and
Whereas, this is the time and place set as provided for the taking of action on the
proposed Resolution of Necessity.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed Resolution of Necessity described above is hereby:
• Adopted, without amendment, and all objections filed or made having been duly
considered are overruled.
Passed, adopted and approved this 5th day of May, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 142-14
APPROVING SCHEDULE OF ASSESSMENTS AND ESTIMATE OF TOTAL COST
FOR THE SRF GREEN ALLEY BID SET 4 PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the attached plat, schedule of assessments, and estimate of total cost for the
SRF Green Alley Bid Set 4 Project are hereby approved.
Passed, approved and adopted this 5th day of May, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
1. Pre -Annexation Requirement Waiver Request - Jon Luckstead Plat: Correspond-
ence from Jon Luckstead appealing the City Council's decision to require a Pre -
Annexation Agreement for property located at 10496 Ironwood Drive in Tamarack Busi-
ness Park and further requesting to address the City Council. City Manager recom-
mending that the City Council require the Pre -Annexation Agreement in accordance
with the Fringe Area Development Standards. Mr. Luckstead, 3642 Echo Hills Drive,
Bellevue, IA presented and spoke in favor of the waiver request. Planning Services
Manager Laura Carstens and Assistant City Attorney Maureen Quann responded to
15
questions from the City Council and points raised by Mr. Luckstead. Motion by Lynch to
receive and file the documents and deny the waiver request. Seconded by Connors.
Motion carried 7-0.
2. Citizen Petition - Support of Minimum Wage Increase: Tom Johnson of the Dubu-
que Catholic Worker House submitting a citizen petition requesting a City Council reso-
lution supporting an increase in the state minimum wage to $10.10 an hour and index it
to the cost of living. Motion by Connors to receive and file the document. Seconded by
Braig. Motion carried 7-0.
3. Dubuque Racing Association - Purchase Hilton Garden Inn Hotel: City Manager
recommending approval of a request from the Dubuque Racing Association to purchase
the Hilton Garden Inn Hotel. Motion by Jones to receive and file the documents and
adopt Resolution No, 143-14 Authorizing the DRA to make alterations to the facilities in
excess of ten thousand dollars ($10,000), finance capital improvements by incurring
debt and using future fund dollars as part of a down payment to facilitate an Asset Pur-
chase Agreement for substantially all of the assets of Dubuque Casino Hotel, LLC., in-
cluding but not limited to the Hilton Garden Inn and Houlihan's Restaurant assets and
operations. Seconded by Connors. Jesus Aviles, President & Chief Executive Officer for
the Mystique Casino, responded to questions from the City Council. Motion carried 7-0.
RESOLUTION NO 143-14
AUTHORIZING THE DRA TO MAKE ALTERATIONS TO THE FACILITIES IN EX-
CESS OF TEN THOUSAND DOLLARS ($10,000), FINANCE CAPITAL IMPROVE-
MENTS BY INCURRING DEBT AND USING FUTURE FUND DOLLARS AS PART OF
A DOWNPAYMENT TO FACILITATE AN ASSET PURCHASE AGREEMENT FOR
SUBSTANTIALLY ALL OF THE ASSETS OF DUBUQUE CASINO HOTEL, LLC., IN-
CLUDING BUT NOT LIMITED TO THE HILTON GARDEN INN AND HOULIHAN'S
RESTAURANT ASSETS AND OPERATIONS.
Whereas, the City of Dubuque, Iowa (hereafter "City"), and the Dubuque Racing
DRA, Ltd. (hereafter "DRA"), are parties to an Amended and Restated Lease Agree-
ment dated for reference purposes the 31st day of March, 2004, as amended by the
First Amendment dated April 4, 2005, the Second Amendment dated June 29, 2005, the
Third Amendment dated February 2, 2009, and the Fourth Amendment dated on or
about June 7, 2010; and
Whereas, Section 13 of the Amended & Restate Lease requires written City consent
prior to the DRA commencing alterations to any structure or structures or making addi-
tions to any existing structures or facilities in an amount exceeding Ten Thousand Dol-
lars ($10,000) or capital improvements to be purchased by incurring debt; and
Whereas, the Amended and Restated Lease Agreement, as amended by the Fourth
Amendment thereto, provides in paragraph 41(a)(vii) for the establishment and use of a
Capital Reserve Fund for use in funding future capital improvements in the discretion of
DRA's board of directors; and
Whereas, the Amended and Restated Lease Agreement, as amended by the Fourth
Amendment thereto, provides in paragraph 41(a)(x) for a Future Fund to make distribu-
tions to charities and non-profit entities; and
Whereas, the DRA has been engaged in negotiations with Dubuque Casino Hotel,
LLC, for the purchase of substantially all of the assets of Dubuque Casino Hotel, LLC,
including, but not limited to, the Hilton Garden Inn and Houlihan's Restaurant assets
and operations and assignment of the current lease between Dubuque Casino Hotel,
LLC, as lessee, and the City of Dubuque, as lessor, for the real estate and improve -
16
ments, which lease expires between July 2, 2044 and July 1, 2045, at which time the
real estate and improvements thereon (including any improvements made by the DRA
following the purchase) shall revert to the City of Dubuque; and
Whereas, the Board of Directors of the DRA approved the use of the current balance
of funds in the Capital Reserve Fund, supplemented by $700,000.00 from the Future
Fund, to be applied toward the purchase price and for necessary expenses incurred in
negotiating and completing the transaction; and
Whereas, the City has been informed by the DRA that American Trust & Savings
Bank ("Lender") intends to make a certain term loan to the DRA, pursuant to the terms
of that certain Business Loan Agreement (as the same may hereafter be amended,
restated, supplemented or otherwise modified from time to time, the "Loan Agree-
ment"), dated as of June 13, 2014, by and between DRA and Lender; and
Whereas, the DRA desires to proceed with the purchase on the terms contained in
the Asset Purchase Agreement and Exhibits thereto; and
Whereas, the DRA intends to enter into an Asset Purchase Agreement with Dubuque
Casino Hotel, LLC. which requires prior written approval from the City as the transaction
will result in:
1. Alterations to any structure or structures or making additions to any existing struc-
tures or facilities in an amount exceeding Ten Thousand Dollars ($10,000)
2. Capital improvements financed by incurring debt
3. The use of the $700,000.00 balance in the Future Fund at the time of closing to be
transferred to the Capital Reserve Fund, and that the balance of the Capital Re-
serve Fund, as thus supplemented, is approved for use toward the purchase price;
and
Whereas, the City has determined that the operation of the DRA accomplishes a pub-
lic purpose by promoting community development and tourism for the civic betterment
and social welfare of the City of Dubuque and its citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council has been presented with a request from the DRA pursu-
ant to the Amended and Restated Lease Agreement and subsequent amendments, to
facilitate an Asset Purchase Agreement between the DRA and Dubuque Casino Hotel,
LLC. for substantially all of the assets of Dubuque Casino Hotel, LLC, including, but not
limited to, the Hilton Garden Inn and Houlihan's Restaurant assets and operations and
assignment of the current lease between Dubuque Casino Hotel, LLC, as lessee, and
the City of Dubuque, as lessor, for the real estate and improvements, and a Landlord's
Consent document; the City Council hereby authorizes the DRA to:
1. Make alterations to any structure or structures or make additions to any existing
structures or facilities in an amount exceeding Ten Thousand Dollars ($10,000);
2. Incur debt for capital improvements;
3. Use the $700,000.00 balance in the Future Fund at the time of closing to be trans-
ferred to the Capital Reserve Fund, and that the balance of the Capital Reserve
Fund, as thus supplemented, is approved for use toward the down payment for the
Asset Purchase Agreement.
The foregoing approval of the Landlord's Consent is subject to satisfactory review of
all documents referred to in the Landlord's Consent by the City Attorney and the City
Manager.
Passed, approved and adopted this 5t" day of May, 2014
Attest: Kevin S. Firnstahl, City Clerk
17
Roy D. Buol, Mayor
4. Prairie Farms Water Usage Agreement: City Manager recommending approval of
an agreement with Prairie Farms Dairy for a substantial increase in the amount of City
water they use in the plant. Motion by Braig to receive and file the documents and ap-
prove the recommendation. Seconded by Connors. Motion carried 7-0.
5. Sales Tax Increment Revenue Bonds Series 2014A: City Manager recommending
approval of the form and distribution of a preliminary official statement relating to the of-
fering and sale of Sales Tax Increment Revenue Bonds, Second Lien Series 2014A.
Motion by Connors to receive and file the documents and adopt Resolution No. 144-14
Approving form and distribution of a Preliminary Official Statement relating to the offer-
ing and sale of Sales Tax Increment Revenue Bonds (unlimited property tax supported),
Second Lien Series 2014. Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 144-14
APPROVING FORM AND DISTRIBUTION OF A PRELIMINARY OFFICIAL STATE-
MENT RELATING TO THE OFFERING AND SALE OF SALES TAX INCREMENT
REVENUE BONDS (UNLIMITED PROPERTY TAX SUPPORTED), SECOND LIEN
SERIES 2014
Whereas, it is deemed necessary and advisable that the City of Dubuque, Iowa
should issue its Sales Tax Increment Revenue Bonds to the amount of not to exceed
$29,000,000, as authorized by Sections 418.14 and 384.83 of the Code of Iowa, for the
purpose of providing funds to pay costs of the acquisition, construction and installation
and equipping of the Bee Branch Watershed Flood Mitigation Project, including those
costs associated with the Lower Bee Branch Creek Restoration Project (Phases 4 and
7) and the Bee Branch Flood Control Pumping Station Gates Replacement Project; and
Whereas, pursuant to notice published as required by Sections 418.14 and 384.83 of
the Code of Iowa, a public meeting and hearing was held on February 17, 2014, upon
the proposal to institute proceedings for the issuance of the above described Bonds,
and all objections, if any, to such action made by any resident or property owner of the
City were received and considered; and, it is the decision of this governing body that
additional action be taken for the issuance of the Bonds, and that such action is consid-
ered to be in the best interests of the City and the residents thereof; and
Whereas, a preliminary form of Official Statement has been prepared for the purpose
of offering the initial series of the Bonds for sale to the public; and
Whereas, it is appropriate that the form of the preliminary Official Statement be ap-
proved and deemed final and, upon completion of the same, that the preliminary Official
Statement be used in connection with the offering of the Bonds for sale to the public.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the preliminary Official Statement in the form presented to this meet-
ing be and the same hereby is approved as to form and deemed final for purposes of
Rule 15c2-12 of the Securities and Exchange Commission, subject to such revisions,
corrections or modifications as the Budget Director, upon the advice of bond counsel
and the City's financial advisor, shall determine to be appropriate, and is authorized to
be distributed in connection with the offering of the Bonds for sale.
Passed and approved this 5th day of May, 2014.
Attest: Kevin S. Firnstahl, City Clerk
18
Roy D. Buol, Mayor
6. J. Thomas Zaber vs. City of Dubuque - Franchise Fee Litigation: City Attorney rec-
ommending approval of a settlement agreement for J. Thomas Zaber vs. City of Dubu-
que; and City Manager recommending approval to request Alliant Energy, Maquoketa
Valley Electric and Black Hills Energy to agree to amend the Franchise Agreements to
allow for a 5% utility franchise fee. Motion by Connors to receive and file the docu-
ments, approve the recommendation, and adopt Resolution No. 145-14 Approving a
Settlement Agreement in J. Thomas Zaber, Et. Al v. City of Dubuque, Iowa, Iowa District
Court for Dubuque County, Case No. CVCV054663. Seconded by Jones. Motion car-
ried 6-1 with Resnick voting nay.
RESOLUTION NO. 145-14
APPROVING A SETTLEMENT AGREEMENT IN J. THOMAS ZABER, ET. AL V. CITY
OF DUBUQUE, IOWA, IOWA DISTRICT COURT FOR DUBUQUE COUNTY, CASE
NO. CVCV054663
Whereas, J. Thomas Zaber, on behalf of himself and all others similarly situated filed
an action in the Iowa District Court for Dubuque County against the City of Dubuque
seeking the refund of certain franchise fees collected by the City of Dubuque; and
Whereas, the parties have engaged in settlement discussions which have resulted in
a proposed Settlement Agreement, a copy of which is attached hereto; and
Whereas, the City Council has determined that the approval of the Settlement
Agreement is in the best interest of the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Settlement Agreement is approved on behalf of the City of Dubuque.
The Mayor, City Clerk and the City's legal counsel are authorized to execute the Set-
tlement Agreement.
Section 2. The City Manager, City Attorney, and the City's legal counsel are hereby
authorized to take all necessary actions to execute the Settlement Agreement
Passed, approved and adopted this 5t" day of May, 2014
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
7. Greater Dubuque Development Corporation Board Membership: Correspondence
from Rick Dickinson, President and CEO of Greater Dubuque Development Corporation
(GDDC) requesting confirmation of the Mayor and two City Council members for mem-
bership on the GDDC Board of Directors from July 1, 2014 through June 30, 2015. Re-
stated motion by Connors to receive and file the documents and reappoint Mayor Buol,
Council Members Connors and Lynch, City Manager Van Milligen, and Economic De-
velopment Director Maurice Jones to the GDDC Board of Directors. Seconded by Braig.
Motion carried 7-0.
8. Request for Work Session - Chaplain Schmitt Island Master Plan: City Manager
requesting that the City Council schedule a work session on the Chaplain Schmitt Island
Master Plan for Monday, June 2, 2014 at 5:00 p.m. Motion by Lynch to receive and file
the documents and set the work session as recommended. Seconded by Braig. Motion
carried 7-0.
19
COUNCIL MEMBER REPORTS
Council Member Sutton reported on her participation and that of Corporal Brendan
Welsh in the recent Chamber of Commerce's Dancing With the Stars Dubuque Style
fundraiser.
There being no further business, upon motion the City Council adjourned at 8:08 p.m.
/s/Kevin S. Firnstahl, CMC
City Clerk
20