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Proof of Publication_City Council Proceedings 5 5 14STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: May 14, 2014, and for which the charge is $296.58. ±e,14, Subscribed to before me a Notary Public in and for Dubuque County, Iowa, this /4,0 day of ,20/ . Notary Public in and for Dubuque County, Iowa. ARY K. EYER Commission Number 154885 My Comm. E . FEB. 1, 2017 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION The Dubuque City Council met in special session at 5:00 p.m. on May 5, 2014 in the His- toric Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sutton; 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 con- ducting a work session on the Upper Bee Branch Creek Restora- tion Project Landscap- ing Design WORK SESSION Upper Bee Branch Creek Restoration Project Landscaping Design Civil Engineer Deron Muehring, Mike Brid- well of Strand Associ- ates, ;Inc., and Abbie Moilien of Ken Saiki Design (Madison, WI) provided a slide pre- sentation on the land- scaping design ele- ments for the Upper Bee Branch Creek Re- storation Project. Top- ics included: Planting and Aesthet- ics Part 1 o Overall plan view o Inlet planting plan, seating and flagpoles o Inlet crossing plant- ing plan and biofields o Outlet planting plan, seating andkflagpoles Part II o Rhomberg Avenue crossing planting plan, bridge, and bridge planting plan o Lincoln Avenue to 22nd Street area plant- ing 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 24th Street Bike Trailhead/Overlook planting plan o 24th Street outfall and planting plan o Channel cross sec- tions and lunker con- struction o Retaining wall op- tions and water levels City Council had dis- cussion with the presenters and staff following the presenta- tion. Leisure Services Manager Marie Ware and Northend Neigh- borhood Association President Chuck Harris responded to ques- tions. There being no fur- ther business, upon motion the City Council adjourned at 5:47 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk it 5/14 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEs DIGS r EGIJLAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on May 5, 2014 in the His- toric Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sutton; 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 con- ducting such business that may properly come before the City Council. PLEDGEF ALLEGIANCE PR CLAMATION(S) 1. Kids to Parks Day (May 17, 2014) was ac- cepted 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 be- half of Mental Health America; 4. Preservation Month (May 2014) was ac- cepted by Historic Preservation Commis- sion Chairperson Bob McDonell and Commis- sioner 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 Re- ports Submitted: City Council Proceedings of 4/21, Community De- velopment 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, Sister City Relation- ships Advisory Com- mission of 4/16, Zoning Board of Adjustment of 4/24, Proof of Publica- tion for City Council Proceedings of 4/7. Upon motion the docu- ments were received and filed. 2. Notice of Claims and Suits: Danny Bo- leyn for property dam- age, ; Gina, Harkey for property damage, Son- dra Koch for property damage, McCrea vs City of Dubuque for gender discrimination, Amy Muchmore for ve- hicledamage, 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 prop- erty damage, Gina Harkey for property damage, Amy Much- more for vehicle 'dam- age, Jeffry Potts for ve- hicle damage, and Amy Zirtzman for personal injury. Upon motion the documents were re- ceived, filed and con- curred. 4. Riverview Center: Correspondence from Faye Clark, Executive Director of the River- view Center, thanking the City Council for the Purchase of Services grant to support a sex- ual assault therapist position. Upon motion the document was re- ceived 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 Neigh- borhood Intersection Painting Project at 16th and Washington Streets: City Manager recommending appro- val of a street intersec- tion painting project at 16th and Washington Streets. Upon motion the documents were received, filed and ap- proved. 7. Community Devel- opment Block Grant (CDBG) - Amendment 2: City Manager recom- mending approval of the Fiscal Year 2014 Annual Action Plan Amendment 2 for the Community Develop- ment Block Grant (CDBG) program, which provides for an amendment to the Fis- cal Year 2013 and Fis- cal Year 2014 Annual Action Plans by real- locating funds from the prior Fiscal Year 2013 Annual Plan i into the FiscaI Year 2014 Annual Plan and reprogram- ming funds for existing and new projects. Upon motion the documents were received and filed and Resolution No. 126- 14 r Approving Fiscal Year 2014 (Program Year 2013) Annual Ac- tion Plan Amendment 2 for Community Devel- opment Block Grant (CDBG) Funds was adopted. 8. Quarterly Invest- ment Report: City Man- ager transmitting the Quarterly 'Investment Report for March 31, 2014. Upon motion the documents were re- ceived and filed. 9. Notices of Expira- tion of s -Right of Re- demption: City Manag- er recommending ap- proval for p-provalfor 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 at- torneys in the City of Dubuque City Attor- ney's Office to sign No- tices of Expiration of Right of Redemption was adopted. 10. Public Transit In- frastructure Grant (PTIG) - Bus Storage Facility: City Manager recommending appro- val to rrmove forward with an -'application to the Public Transit In- frastructure Grant pro- gram to seek addition- al 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. 11. Jule Transit Sys- tem - Consolidated Funding Application: City Manager recom- mending approval of the Consolidated Fund- ing Application, as sub- mitted, and approve signature of the Lobby- ing Cost Certificate, Certificate of Cost Allo- cation Plan and Au- thorizing Resolution for the Iowa Department of Transportation Con- solidated Funding Ap- plication for Fiscal Year 2015 for The Jule. Upon motion the documents were received and filed and Resolution No. 129- 14 Approval of grant application to .Iowa DOT for consolidated funding was adopted. 12. Housing Enterprise Zone Agreement - 253 Main St.: City Manager recommending appro- val of a Housing Enter- prise Zone Program Agreement by and among the Iowa Eco- nomic Development Authority, the City of Dubuque and Ken Oberbroeckling for Housing Enterprise Zone benefits related to the redevelopment of 253 Main Street. Upon motion the docu- ments were received and filed and Resolu- tion No. 130-14 Approv- ing a Housing Enter- prise Zone Program Agreement . by and among the Iowa Eco- nomic Development Authority, the City of Dubuque and Ken Oberbroeckling was adopted. 13. Iowa Department of Transportation Ac- ceptance of Patents - Lots at Intermodal Fa- cility Property: City Manager recommend- ing acceptance of Pat- ents from the State of Iowa conveying excess state right-of-way properties along Elm Street between 9th and llth Street. Upon mo- tion the documents were received and filed and Resolution No. 131- 14 Accepting a convey- ance of property (Lot 1 of Intermodal Place No. 1 in the City of Dubu- que, Dubuque County, Iowa); Resolution No. 132-14 Accepting a conveyance of proper- ty (Lot 1 of Lot 1 of Lot 2 of Lot 3 of City Lot 505 and Lot I1 of Intermodal Place No. 2 in the City of Dubuque, Dubuque County, Io- wa); and Resolution No. 133-14 Accepting a conveyance of proper- ty (Lot 1 of Intermodal Place No. 3 in the City of Dubuque, Dubuque County, Iowa) were adopted. 14. Iowa Department of Transportation - Ac- ceptance of Patent for Bluff Street Lot: City Manager recommend- ing acceptance of a Patent from the State of Iowa conveying ex- cess state right-of-way property on i Bluff Street. Upon motion the documents were received and filed and Resolution No. 134-14 Accepting a convey- ance of property (Lot 1 of Pixier Place No. 2 in the City of Dubuque, Dubuque County, Iowa was adopted. 15. Rockfarm Hold- ings, Inc.: City Manag- er recommending au- thorization of the sub- mission of an Economic Development Assis- tance Contract by Rockfarm Holdings, Inc., the City of Dubu- que and the Iowa Eco- nomic Development Authority. Upon motion the documents were received and filed and Resolution No. 135-14 Authorizing the execu- tion of an Economic Development Assis- tance Contract by and between Rockfarm Holdings, Inc., the City of Dubuque and the Io- wa Economic Develop- ment Authority for the Construction of Com- pany Headquarters in Dubuque was adopted. 16. Health Choices Ad- ministrative Services Fee: City Manager rec- ommending approval of Amendment VI to the Administrative Ser- vices Agreement with Health Choices effec- tive July 1, 2014 through June 30, 2016. Upon motion the docu- ments were received, filed and approved. 17. Area Residential Care, Inc., (ARC) - Vo- cational 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 play- ground safety surfaces at four department lo- cations. Upon motion the documents were received, filed and ap- proved. 18. Fiber Optic Cable Facilities Agreement with Dubuque County: City Manager recom- mending approval of a Fiber Optic Cable Fa- cilities Agreement be- tween the City of Du- buque and Dubuque County that will pro- vide network connec- tivity from the Historic Federal Building to the Dubuque County Court- house. Upon motion the documents were received, filed and ap- proved. 19. Pre -Annexation Agreement - Jelinske: City Manager recom- mending approval of a Pre -Annexation Agree- ment with James and Laura Jelinske in ac- cordance with the Fringe Area Develop- ment Policy. Upon mo- tion the documents were received and filed and Resolution No. 136- 14 Approving a Pre - Annexation Agreement between the City of uuouque, Iowa, and James L. and Laura V. Jelinske was adopted. 20. Inclusive Dubuque Contracted Services 1 Agreement: City Man- ager recommending approval of a Contract- ed Services Agreement with Inclusive Dubu- que. Upon motion the documents were re- ceived, filed and ap- proved. 21. Spark vs. City of Dubuque: City Attorney recommending appro- val of a settlement re- lated to Spark vs. the City of Dubuque re- garding a bankruptcy violation. Upon motion the documents were received, filed and ap- proved. 22. Mediacom Com- munications Company: Correspondence from Mediacom Communi- cations Company ad- vising the City of changes in program- ming taking place on or about June 1, 2014. Upon motion the docu- ment was received and filed. 23. Enterprise Zone Commission Member- ship: City Manager rec- ommending recogni- tion of "the. appoint- ments of Peggy Murray (Iowa Workforce -De- velopment) and Daniel White (Northeast Iowa Community College) to the Enterprise Zone Commission, and iap- prove the reappoint- ment of City Manager Michael C. Van Milligen to serve on the Com- mission. Upon motion the documents were received, filed and ap- proved. 24. Signed Contracts: Dittmer Recycling 2nd Amendment to rAgree- ment for processing and marketing of recyclables. Upon mo- tion the document was received and filed. 25. Alcohol Compli- ance Civil Penalty for Alcohol License Hold- ers - Lot 1: City Manag- er recommending iap- proval of the Acknow- ledgment/Settlement Agreement for an alco- hol compliance viola- tion for Lot 1, 100 Main Street. Upon motion the documents were received, filed and ap- proved. 26. Alcohol License Applications: City Man- ager recommending approval of annual liq uor, beer, and wine li censes as submitted Upon motion the docu ments were received and filed and Resolu tion No. 137-14 Approv ing applications fo liquor, and/o s an increase in the state° minimum wage to $10.10 an hour' and in dex it to the cost of liv Mg. Motion by Connors . to receive and file the document. Seconded by Braig. Motion car ried 7-0. 3. Dubuque Racing As r sociation - Purchase r Hilton Garden Inn'Ho tel: City Manager rec ommending approval of a request from the Dubuque Racing Asso- - ciation to purchase the r Hilton Garden Inn Ho tel. Motion by Jones to receive and '-file the s documents and adopt Resolution No.c 143-14 Authorizing the DRA to make alterations to the facilities in excess of ten thousand dollars ($10,000), finance cap - al tal improvements by incurring debt and us- the ing future fund dollars as part of a down pay- pay- ment to facilitate an Asset Purchase` Agree= ment for substantially all of "the assets of Du- buque Casino Hotel, r LLC., including but not limited to the Hilton Garden Inn and Houli- han's Restaurant as- sets and'operations. Seconded by Connors. Jesus Aviles, President & Chief Executive Offi- cer for the Mystique Casino, respontled to questions from the City Council. Motion carried 7-0. 4. Prairie Farms Water Usage; Agreement: City Manager recommend- ing approval'of'an agreement with Prairie Farms Dairy for a sub- stantial increase in the amount of City water they use in the plant. Motion by Braig to re- ceive and file the docu- ments and ocu-ments'and approve the recommendation. Sec- onded by Connors. Mo- tion carried 7-0. 5. Sales Tax' Incre- ment `Revenue` Bonds Series 2014A: City Man- ager recommending approval of the form and distribution of a preliminary official statement relating to - the offering and sale of Sales' Tax Increment Revenue Bonds, Sec- ond Lien Series -2014A. Motion by Connors to receive and file the documents and adopt Resolution No. 144-14 Approving form and distribution of "a Pre- liminary Official State- ment relating tatement'relating to the of- fering and f-fering`and sale of Sales Tax Increment Reve- nue Bonds; (unlimited property tax support- ed), Second Lien Series 2014. Seconded by Jones. Motion carried 7-0. 6. J. Thomas Zaber vs. City of Dubuque - Fran- chise Fee%Litigation: City Attorney recom- mending approval of a settlement agreement for J. Thomas Zaber vs. City of Dubuque; and City Manager recom- mending approval to request Alliant Energy, Maquoketa Valley Elec- tric and Black Hills En- ergy to agree to amend the Franchise Agree- ments to allow for a 5% utility franchise beer, wine permit quired by City of Dubu que Code of Ordinan" ces Title 4 Business and License Regula tions, Chapter 2 Liquo Control, Article B Lig uor, Beer and Wine Li censes and Permit was adopted. ITEMS TO BE SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents,' adopt the resolutions,' set th public hearings as indi Gated, and direct< City Clerk to publish notice as prescribed byy law. Seconded by Con- nors. Motion carried 7-0 1. E.B. Lyons Interpre- tive Area : Expansion Project: City Manage recommending initia- tion 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 docu- ments were - received and filed and Resolu- tion No. 138-14 Prelimi- nary approval of plans, specifications, form of contract, and estimat- ed cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and or- dering the advertise- ment for bidslwas adopted setting a pub- lic hearing for a meet- ing to commence at 6:30 p.m. on May 19, 2014 in the Historic Federal Building. BOARDS/ COMMISSIONS Applicants were invit- ed to nvit-edlto address the City Council regarding their appointment to the fol- lowing Boards/Com- missions: 1. Electrical Code Board: Two 3 -year terms through May 21, 2017 {Expired terms of Dixon and Wilson). Ap- plicants: 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` Manager recommending re- scinding Resolution No. as re 107-14, Give =prelimina- ry approval to the specifications for the Water Treatment Plant North Softening Basins Rehabilitation Project, 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 ap- proval of the specifica- tions, form of contract, and estimated cost; setting date of public hearing on the specifi- cations, form of con- tract, 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. Upon motion the rules were suspended allow- ing anyone present to address the City Coun- cil on the following item: 2. SRF Green Alley Project - Bid Set 4: Proof of publication on notice of public hear- ing to consider appro- val of plans, specifica- tions, form of contract and estimated cost for the SRF Green Alley Bid Set 4 Project and the City Manager recom- mending approval. Mo- tion f by Lynch to re- it ceive and file the docu- ments and adopt Reso- lution No. 140-14 Ap- proval of plans, specifi- cations, form of con- tract and estimated cost for the SRF Green ReAlley Bid Set 4 Project; solution No.141-14 Resolution with re- spect to the adoption of the Resolution of Ne - cess ty e-cessty proposed for the SRF Green Alley Bid Set 4 Project; and Res- olution No. 142-14 Ap- prov ng Schedule of Assessments and esti-' mate!of Total cost for Set 4 Project. Sec- onded by Jones. Motion carried 7-0. Upon motion the rule were reinstated limit ing discussion to then City Council. ACTION ITEMS 1. Pre -Annexation Re- quirement Waiver Re- quest - Jon Luckstead fee. Motion by Connors to receive and file the documents, 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. 7. Greater Dubuque Development Corpora- tion Board Member- ship: Correspondence from Rick Dickinson, President and CEO of Greater Dubuque De- velopment Corporation (GDDC) requesting confirmation of the Mayor and two City Council members for membership on the GDDC Board of Direc- tors from July 1, 2014 through June 30, 2015. Restated motion by Connors to receive and file the documents and reappoint Mayor Buol, Council Members 'Con- nors and Lynch, City Manager Van Milligen, and Economic Develop- ment Director Maurice Jones to the GDDC Board of Directors. Seconded by Braig. Motion carried 7-0. 8. Request for Work Sess on - Chaplain Schmitt Island Master Plan. City Manager re- questing that the City Council schedule a work session on the Chaplain Schmitt Is- land Master Plan I for Monday, June 2, 2014 at 5.00 p.m. Motion by ynch to receive and Ile the documents and set the work session as recommended. Sec- anded by Braig. Motion carried 7-0. COUNCIL MEMBER REPORTS ° 1° 4 ITEMS onded by B"raig. Motion 1, Pre -Annexation Re- carried 7-0, ouirement Waiver Re- COUNCIL MEMBER quest - Jon Luckstead REPORTS Plat: Correspondence Council Member Sut- from Jon Luckstead ap- ton reported on her pealing the City Coun- participation and khat tail's decision to require of Corporal Brendan a Pre -Annexation , Welsh in the recent Agreement for proper- Chamber of Commer- ty located at 10496 cc's Dancing With the Ironwood Drive in Tam- Stars Dubuque Style crack Business hark fundraiser: and further requesting There being no fur - to address the City Cher :business, upon Council. City Manager motion the City'Council recommending that the adjourned at 8:08 p,m, City Council regwre /s/Kevin S. Firnstahl, the Pre -annexation CMC\CIty Clerk Agreement in accord- it5/14 ance with the Fringe Area Development Standards. Mr, Luck - stead, 3642 Echo Hills Drive, Bellevue, IA pre- sented and spoke in fa- vor of the waiver re-- quest. Planning Sery ices Manager Laura= Carstens and Assistant City Attorney Maureen' Quann responded to' questions from the City,', Council and points raised by Mr Luckstead. Motion by Lynch to receive and file the documents and I' deny the waiver re- quest. Seconded by it Connors. Motion,. car- ried 7-0. 2.', Citizen Petition - Support of Minimum Wage Increase: Tom Johnson of the Dubu que Catholic Worker_' House submitting a citizen petition re- questing a City Council resolution supporting this /G0 day of STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: May 14, 2014, and for which the charge is $296.58. Subscribed to before mev a Notary Public in and for Dubuque County, Iowa, ,20/t . 6u� Notary Public in and for Dubuque County, Iowa. MARY K,EYER Commission Number 154885 My Comm. Es;,, FEB. 1, 2017 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION The Dubuque City Council met in special session at 5:00 p.m. on May 5, 2014 in the His- toric Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sutton; 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 con- ducting a work session on the Upper Bee Branch Creek Restora- tion Project Landscap- ing Design WORK SESSION Upper Bee Branch Creek Restoration Project Landscaping Design Civil Engineer Deron Muehring, Mike Brid- well of Strand Associ- ates, .Inc., and Abbie Moilien of Ken Saiki Design (Madison, WI) provided a slide pre- sentation on the land- scaping design ele- ments for the Upper Bee Branch Creek Re- storation Project. Top- ics included: Planting and Aesthet- ics • Part l' o Overall plan view o Inlet planting plan, seating and flagpoles o Inlet crossing plant- ing 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 plant- ing 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 24th Street Bike Trailhead/Overlook planting plan o 24th Street outfall and planting plan o Channel cross sec- tions and lunker con- struction o Retaining wall op- tions and water levels City Council had dis- cussion with the presenters and staff following the presenta- tion. Leisure Services Manager Marie Ware and Northend Neigh- borhood Association President Chuck Harris responded to ques- tions. There being no fur- ther business, upon motion the City Council adjourned at 5:47 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk 1t 5/14 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in' regular session at 6:30 p.m. on May 5, 2014 in the His- toric Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sutton; 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 con- ducting such business that may properly come before the City Council. PLEDGE OF - ALLEGIANCE PROCLAMATION(S) 1. Kids to Parks Day (May 17, 2014) was ac- cepted 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 be- half of Mental Health America; 4. Preservation Month (May 2014) was ac- • cepted by Historic Preservation Commis- sion Chairperson Bob McDonell and Commis- sioner Chris Olson. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as ipdicated. Seconded by Connors. Motion carried 7-0. 1. Minutes and Re- ports Submitted: City Council Proceedings of 4/21, Community De- velopment 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, Sister City Relation- ships Advisory Com- mission of 4/16, Zoning Board of Adjustment of 4/24, Proof of Publica- tion for City Council Proceedings of 4/7. Upon motion the docu- ments were received and filed. 2. Notice of Claims and Suits: Danny Bo- leyn for property dam- age, Gina, Harkey for property damage, Son- dra Koch for property damage, McCrea vs City of Dubuque for gender discrimination, Amy Muchmore for ve- hicle 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 prop- erty damage, Gina Harkey for property damage, Amy Much- more for vehicle dam- age, Jeffry Potts for ve- hicle damage, and Amy Zirtzman for personal injury. Upon motion the documents were re- ceived, filed and con- curred. 4. Riverview Center: Correspondence from Faye Clark, Executive Director of the River- view Center, thanking the City Council fpr the Purchase of Services grant to support a sex- ual assault therapist position. Upon motion the document was re- ceived 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 Neigh- borhood Intersection Painting Project at 16th and Washington Streets: City Manager recommending appro- val of a street intersec- tion painting project at 16th and Washington Streets. Upon motion the documents were received, filed and ap- proved. 7. Community Devel- opment Block Grant (CDBG) - Amendment 2: City Manager recom- mending approval of the Fiscal Year 2014 Annual Action Plan Amendment 2 for the Community Develop- ment Block Grant (CDBG) program, which provides for an amendment to the Fis- cal Year 2013 and Fis- cal Year 2014 Annual Action Plans by real- locating funds from the prior Fiscal Year 2013 Annual Plan into the Fiscal Year 2014 Annual Plan and reprogram- ming funds for existing and new projects. Upon motion the documents were received and filed and Resolution No. 126- 14 Approving Fiscal Year 2014 (Program Year 2013) Annual Ac- tion Plan Amendment 2 `for Community Devel- opment Block Grant (CDBG) Funds was adopted. 8. Quarterly Invest- ment Report: City Man- ager transmitting the Quarterly Investment Report for March 31, 2014. Upon motion the documents were re- ceived and filed. 9. Notices of Expira- tion of Right of Re- demption: City Manag- er 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 at- torneys in the City of Dubuque City Attor- ney's Office to sign No- tices of Expiration of Right of Redemption was adopted. 10. Public Transit In- frastructure Grant (PTIG) - Bus Storage Facility: City Manager recommending appro- val to move forward with an application to the Public Transit In- frastructure Grant pro- gram to seek addition- al 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. •. 11. Jule Transit Sys- tem - Consolidated. Funding Application: City Manager recom- mending approval of the Consolidated Fund- ing Application, as sub- mitted, and approve signature of the Lobby- ing Cost Certificate, Certificate of Cost Allo- cation Plan and Au- thorizing Resolution for the Iowa Department of Transportation Con- solidated Funding Ap- plication for Fiscal Year 2015 for The Jule. Upon motion the documents were received and filed and Resolution No. 129- 14 Approval of grant application to Iowa DOT for consolidated funding was adopted. 12. Housing Enterprise Zone Agreement - 253 Main St.: City Manager recommending appro- val of a Housing Enter- prise Zone Program Agreement by and among the Iowa Eco- nomic Development Authority, the City of Dubuque and Ken Oberbroeckling for Housing Enterprise Zone benefits related to the redevelopment of 253 Main Street. Upon motion the docu- ments were received and filed and Resolu- tion No. 130-14 Approv- ing a Housing Enter- prise Zone Program Agreement by and among the Iowa Eco- nomic Development Authority, the City of Dubuque and Ken Oberbroeckling was adopted. 13. Iowa Department of Transportation Ac- ceptance of Patents - Lots at Intermodal Fa- cility Property: City Manager recommend- ing acceptance of Pat- ents from the State of Iowa conveying excess state right-of-way properties along Elm Street between 9th and llth Street. Upon mo- tion the documents were received and filed and Resolution No. 131- 44 Accepting a convey- ance of property (Lot 1 of Intermodal Place No. 1 in the City of Dubu- que, Dubuque County, Iowa); Resolution No. 132-14 Accepting a conveyance of proper- ty (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, Io- wa); and Resolution No. 133-14 Accepting a conveyance of proper- ty (Lot 1 of Intermodal Place No. 3 in the City of Dubuque, Dubuque County, Iowa) were adopted. 14. Iowa Department of Transportation - Ac- ceptance of Patent for Bluff Street Lot: City Manager recommend- ing acceptance of a Patent from the State of Iowa conveying ex- cess state right-of-way property on Bluff Street. Upon motion the documents were received and filed and Resolution No. 134-14 Accepting a convey- ance of property (Lot 1 of Pixler Place No. 2 in the City of Dubuque, Dubuque County, Iowa was adopted. 15. Rockfarm Hold- ings, Inc.: City Manag- er recommending au- thorization of the sub- mission of an Economic Development Assis- tance Contract by Rockfarm Holdings, Inc., the City of Dubu- que and the Iowa Eco- nomic Development Authority. Upon motion the documents were received and filed and Resolution No. 135-14 Authorizing the execu- tion of an Economic Development Assis- tance Contract by and between Rockfarm Holdings, Inc., the City of Dubuque and the Io- wa Economic Develop- ment Authority for the Construction of Com- pany Headquarters in Dubuque was adopted. 16. Health Choices Ad- ministrative Services Fee: City Manager rec- ommending approval of Amendment VI to the Administrative Ser- vices Agreement with Health Choices effec- tive July 1, 2014 through June 30, 2016. Upon motion the docu- ments were received, filed and approved. 17. Area Residential Care, Inc., (ARC) - Vo- cational 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 play- ground Safety surfaces at four department lo- cations. Upon motion the documents were received, filed and ap- proved. 18. Fiber Optic Cable Facilities Agreement with Dubuque County: City Manager recom- mending approval of a Fiber. Optic Cable Fa- cilities Agreement be- tween the City of Du- buque and Dubuque County that will pro- vide network connec- tivity from the Historic Federal Building to the Dubuque County Court- house. Upon motion the documents were received, filed and ap- proved. 19. Pre -Annexation Agreement - Jelinske: City Manager recom- mending approval of a Pre -Annexation Agree- ment with James and Laura Jelinske in ac- cordance with the Fringe Area Develop- ment Policy. Upon mo- tion the documents were received and filed and Resolution No. 136- 14 Approving a Pre - Annexation Agreement between the City of mouque, Iowa, and James L. and Laura V. Jelinske was adopted. 20. Inclusive Dubuque - Contracted Services Agreement: City Man- ager recommending approval of a Contract- ed Services Agreement with Inclusive Dubu- que. Upon motion the documents were re- ceived, filed and ap- proved. 21. Spark vs. City of Dubuque: City Attorney recommending appro- val of a settlement re- lated to Spark vs. the City of Dubuque re- garding a bankruptcy violation. Upon motion the documents were received, filed and ap- proved. 22. Mediacom Corn- munications Company: Correspondence from Mediacom Communi- cations Company ad- vising the City of changes in program- ming taking place on or about June 1, 2014. Upon motion the docu- ment was received and filed. 23. Enterprise Zone Commission Member- ship: City Manager rec- ommending recogni- tion of the . appoint- ments of Peggy Murray (Iowa Workforce De- velopment) and Daniel White (Northeast Iowa Community College) to the Enterprise Zone Commission, and ap- prove the reappoint- ment of City Manager Michael C. Van Milligen to serve on the Com- mission. Upon motion the documents were received, filed and ap- proved. 24. Signed Contracts: Dittmer Recycling 2nd Amendment to Agree- ment for processing and marketing of recyclables. Upon mo- tion the document was received and filed. 25. Alcohol Compli- ance Civil Penalty for Alcohol License Hold- ers - Lot 1: City Manag- er recommending ap- proval of the Acknow- ledgment/Settlement Agreement for an alco- hol compliance viola- tion for Lot 1, 100 Main Street. Upon motion the documents were received, filed and ap- proved. 26. Alcohol License Applications: City Man- ager recommending approval of annual liq- uor, beer, and wine li- censes as submitted. Upon motion the docu- ments were received and -filed and 'Resolu- tion No. 137-14 Approv- ing applications for beer, liquor, and/or wine permits, as re- quired by City of Dubu- que Code of 'Ordinan- ces Title 4 Business and License Regula- tions, Chapter 2 Liquor Control, Article B Liq- uor, Beer and Wine Li- censes and Permits was adopted. ITEMS TO BE SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the resolutions, set the public hearings as indi- cated, 'and direct the City Clerk to publish notice as prescribed by law. Seconded by Con- nors. Motion carried 7-0. 1. E.B. Lyons Interpre- tive Area Expansion Project: City Manager recommending initia- tion 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 docu- ments were received and filed and Resolu- tion No. 138-14 Prelimi- nary approval of plans, specifications, form of contract, and estimat- ed cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and or- dering the advertise- ment for bids was adopted setting a pub- lic hearing for a meet- ing to commence at 6:30 p.m. on May 19, 2014 in the Historic Federal Building. BOARDS/ COMMISSIONS Applicants were invit- ed to address the City Council regarding their appointment to the fol- lowing Boards/Com- missions: 1. Electrical Code Board: Two 3-year terms through May 21, 2017 (Expired terms of Dixon and Wilson). Ap- plicants: 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 Manager recommending re- scinding Resolution No. 107-14, Give prelimina- ry approval to the specifications for the Water Treatment Plant North Softening Basins Rehabilitation Project, 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 ap- proval of the specifica- tions, form of contract, and estimated cost; setting date, of public hearing on the specifi- cations, form of con- tract, 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. Upon motion the rules were suspended allow- ing anyone present to address the City Coun- cil on the following item: 2. SRF Green Alley Project - Bid Set 4: Proof of publication on notice of public hear- ing to consider appro- val of plans, specifica- tions, form of contract and estimated cost for the SRF Green Alley Bid Set 4 Project and the City Manager recom- mending approval. Mo- tion.by Lynch to re- ceive and file the docu- ments and adopt Reso- lution No. 140-14 Ap- proval of plans, specifi- cations, form of con- tract and estimated cost for the SRF Green Alley Bid Set 4 Project; Resolution No. 141-14 Resolution with re- spect to the adoption of the Resolution of Ne- cessity proposed for the SRF Green Alley Bid Set 4 Project; and Res- olution No. 142-14 Ap- proving Schedule of Assessments and esti- mate of total cost for the SRF Green Alley Bid Set 4 Project. Sec- onded by Jones. Motion carried 7-0. Upon motion the rules were reinstated limit- ing discussion to the City Council. ACTION ITEMS 1. Pre -Annexation Re- quirement Waiver Re- quest - Jon Luckstead an increase in the state minimum wage to $10.10 an hour and in- dex it to the cost of liv- ing. Motion by Connors to receive and file the document. Seconded by Braig. Motion car- ried 7-0. 3. Dubuque Racing As- sociation - Purchase Hilton Garden Inn Ho- tel: City Manager rec- ommending approval of a request from the Dubuque Racing Asso- ciation to purchase the Hilton Garden Inn Ho- ' tel. 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 capi- tal improvements by incurring debt and us- ing future fund dollars as part of a down pay- ment to facilitate an Asset Purchase Agree- ment for substantially all of the assets of Du- buque Casino Hotel, LLC., including but not limited to the Hilton Garden Inn and Houli- han's Restaurant aS- sets and operations. Seconded by Connors. Jesus Aviles, President & Chief Executive Offi- cer for the Mystique Casino, responded to questions from the City Council. Motion carried 7-0. 4. Prairie Farms Water Usage Agreement: City Manager recommend- ing approval of an agreement with Prairie Farms Dairy for a sub- stantial increase in the amount of City water they use in the plant. Motion by Braig to re- ceive and file the docu- ments and approve the recommendation. Sec- onded by Connors. Mo- tion carried 7-0. 5. Sales Tax Incre- ment Revenue Bonds Series 2014A: City Man- ager recommending approval of the form and distribution of a preliminary official statement relating to the offering and sale of Sales Tax Increment Revenue Bonds, Sec- ond Lien Series 2014A. Motion by Connors to receive and file the documents and adopt Resolution No. 144-14 Approving form and distribution of a Pre- liminary Official State- ment relating to the of- fering and sale of Sales Tax Increment Reve- nue Bonds (unlimited property tax support- ed), Second Lien Series 2014. Seconded by Jones. Motion carried 7-0. 6. J. Thomas Zaber vs. City of Dubuque - Fran- chise Fee Litigation: City Attorney recom- mending approval of a settlement agreement for J.. Thomas Zaber vs. City of Dubuque; and City Manager recom- mending approval to request Ailiant Energy, Maquoketa Valley Elec- tric and Black Hills En- ergy to agree to amend the Franchise Agree- ments to allow for a 5% utility franchise fee. Motion by Connors to receive and file the documents, 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. 7. Greater Dubuque Development Corpora- tion Board Member- ship: Correspondence from Rick Dickinson, President and CEO of Greater Dubuque De- velopment Corporation (GDDC) requesting confirmation of the Mayor and two City Council members for membership on the GDDC Board of Direc- tors from July 1, 2014 through June 30, 2015. Restated motion by Connors to receive and file the documents and reappoint Mayor Buol, Council Members Con- nors and Lynch, City Manager Van Milligen, and Economic Develop- ment 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 re- questing that the City Council schedule a work session on the Chaplain Schmitt Is- land Master Plan for Monday, June 2, 2014 at 5:00 p.rn. Motion by Lynch to receive and file the documents and set the work session as recommended. Sec- onded by Braig. Motion carried 7-0. COUNCIL MEMBER REPORTS o 24th Street Bike Trail head/Overlook planting plan o 24th Street outfall and planting plan o Channel cross sec- tions and lunker con- struction o Retaining wall op- tions and water levels City Council had dis- cussion with the presenters and staff following the presenta- tion. Leisure Services Manager Marie Ware and Northend Neigh- borhood Association President Chuck Harris responded to ques- tions. There being no fur- ther business, upon motion the City Council adjourned at 5:47 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk 1t 5/14 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in' regular session at 6:30 p.m. on May 5, 2014 in the His- toric Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sutton; 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 con- ducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE PROCLAMATION(S) Sondra Koch for prop- erty damage, Gina Harkey for property damage, Amy Much- more for vehicle dam- age, Jeffry Potts for ve- hicle damage, and Amy Zirtzman for personal injury. Upon motion the documents were re- ceived, filed and con- curred. 4. Riverview Center: Correspondence from Faye Clark, Executive Director of the River- view Center, thanking the City Council fpr the Purchase of Services grant to support a sex- ual assault therapist position. Upon motion the document was re- ceived 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 Neigh- borhood Intersection Painting Project at 16th and Washington Streets: City Manager recommending appro- val of a street intersec- tion painting project at 16th and Washington Streets. Upon motion the documents were received, filed and ap- proved. 7. Community Devel- opment Block Grant (CDBG) - Amendment 2: City Manager recom- mending approval of the Fiscal Year 2014 Annual Action Plan Amendment 2 for the Community Develop- mltted, ME approve signature of the Lobby- ing Cost Certificate, Certificate of Cost Allo- cation Plan and Au- thorizing Resolution for the Iowa Department of Transportation Con- solidated Funding Ap- plication for Fiscal Year 2015 for The Jule. Upon motion the documents were received and filed and Resolution No. 129- 14 Approval of grant application to Iowa DOT for consolidated funding was adopted. 12. Housing Enterprise Zone Agreement - 253 Main St.: City Manager recommending appro- val of a Housing Enter- prise Zone Program Agreement by and among the Iowa Eco- nomic Development Authority, the City of Dubuque and Ken Oberbroeckling for Housing Enterprise Zone benefits related to the redevelopment of 253 Main Street. Upon motion the docu- ments were received and filed and Resolu- tion No. 130-14 Approv- ing a Housing Enter- prise Zone Program Agreement by and among the Iowa Eco- nomic Development Authority, the City of Dubuque and Ken Oberbroeckling was adopted. 13. Iowa Department of Transportation Ac- ceptance of Patents - Lots at Intermodal Fa- cility Property: City Manager recommend- ing acceptance of Pat- ents from the State of Iowa conveying excess state right-of-way properties along Elm vices Agreement with Health Choices effec- tive July 1, 2014 through June 30, 2016. Upon motion the docu- ments were received, filed and approved. 17. Area Residential Care, Inc., (ARC) - Vo- cational 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 play- ground safety surfaces at four department lo- cations. Upon motion the documents were received, filed and ap- proved. 18. Fiber Optic Cable Facilities Agreement with Dubuque County: City Manager recom- mending approval of a Fiber, Optic Cable Fa- cilities Agreement be- tween the City of Du- buque and Dubuque County that will pro- vide network connec- tivity from the Historic Federal Building to the Dubuque County Court- house. Upon motion the documents were received, filed and ap- proved. 19. Pre -Annexation Agreement - Jelinske: City Manager recom- mending approval of a Pre -Annexation Agree- ment with James and Laura Jelinske in ac- cordance with the Fringe Area Develop- ment Policy. Upon mo- tion the documents were received and filed and Resolution No. 136- 14 Approving a Pre - Annexation Agreement between the City of 1. iy IVI6, ager recommending andyDavid Wilson, 291 Washington St. M Wilson spoke in fav of his appointment. PUBLIC HEARINGS 1. Water Treatmen Plant North Softenin Basins Rehabilitatio Project: City Manage recommending re scinding Resolution No 107-14, Give prelimina ry approval to th specifications for th Water Treatment Plan North Softening Basin Rehabilitation Project and establish May 19 2014 as the date forth public hearing on th specifications for thi project. Motion by Jones to receive and file the documents adopt Resolution No. 139-14 Preliminary ap proval of the specifica- tions, form of contract and estimated cost; setting date. of public hearing on the specifi- cations, form of con- tract, 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. Upon motion the rules were suspended allow- ing anyone present to address the City Coun- cil on the following item: 2. SRF Green Alley Project - Bid Set 4: Proof df publication on notice of public hear- ing to consider appro- val of plans, specifica- tions, form of contract and estimated cost for the SRF Green Alley Bid Set 4 Project and the City Manager recom- mending approval. Mo- tion. by - Lynch to re- ceive and file the docu- ments and adopt Reso- lution No. 140-14 Ap- proval of plans, specifi- cations, form of con- tract and estimated cost for the SRF Green Alley Bid Set 4 Project; Resolution No. 141-14 Resolution with re- spect to the adoption of the Resolution of Ne- cessity proposed for the SRF Green Alley Bid Set 4 Project; and Res- olution No. 142-14 Ap- proving Schedule of Assessments and esti- mate of total cost for the SRF Green Alley Bid Set 4 Project. Sec- onded by Jones: Motion carried 7-0. Upon motion the rules were reinstated limit- ing discussion to the City Council. ACTION ITEMS 1. Pre -Annexation Re- quirement Waiver Re- quest - Jon Luckstead Plat: Correspondence from Jon Luckstead ap- pealing the City Coun- cil's decision to require a Pre -Annexation , Agreement for proper- ty located at 10496 Ironwood Drive in Tam- arack Business Park and further requesting to address the City Council. City Manager recommending that the City Council require the Pre -Annexation Agreement in accord- ance with the Fringe Area Development Standards. Mr. Luck - stead, 3642 Echo Hills Drive, Bellevue, IA pre- sented and spoke in fa- vor of the waiver re- quest. Planning Serv- ices Manager Laura Carstens and Assistant City Attorney Maureen Quann responded to questions from the City Council and points raised by Mr. Luckstead. Motion by Lynch to receive and file the documents and deny the waiver re- quest. Seconded by Connors. Motion car- ried 7-0. 2. Citizen Petition - Support of Minimum Wage Increase: Tom Johnson of the Dubu- que Catholic Worker House submitting a citizen petition re- questing a City Council resolution supporting I V V. 144-14 8 Approving form and r. distribution of a Pre - or liminary Official State- ment relating to the of- fering and sale of Sales t Tax Increment Reve- g nue Bonds (unlimited e property tax support- r ed), Second Lien Series - 2014. Seconded by . Jones. Motion carried - 7-0. e 6. J. Thomas Zaber vs. e City of Dubuque - Fran- t chise Fee Litigation: s City Attorney recom- mending approval of a settlement agreement e for J.. Thomas Zaber vs. e City of Dubuque; and s City Manager recom- mending approval to request Alliant Energy, ; Maquoketa Valley Elec- tric and Black Hills En- - ergy to agree to amend the Franchise Agree- ments to allow for a 5% utility franchise fee. Motion by Connors to receive and file the documents, approve the • recbmmendation, 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. 7. Greater Dubuque Development Corpora- tion Board Member- ship: Correspondence from Rick Dickinson, President and CEO of Greater Dubuque De- velopment Corporation (GDDC) requesting confirmation of the Mayor and two City Council members for membership on the GDDC Board of Direc- tors from July 1, 2014 through June 30, 2015. Restated motion by Connors to receive and file the documents and reappoint Mayor Buol, Council Members Con- nors and Lynch, City Manager Van Milligen, and Economic Develop- ment 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 re- questing that the City Council schedule a work session on the Chaplain Schmitt Is- land 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. Sec- onded by Braig. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Sut- ton reported on her participation and that of Corporal Brendan Welsh in the recent Chamber of Commer- ce's Dancing With the Stars .Dubuque Style fundraiser.' There being no fur- ther business, upon motion the City Council adjourned at 8:08 p.m. /s/Kevin S. Firnstahl, CMC\City Clerk 1t 5/14