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