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5 5 14 City Council Proceedings Official_Regular and SpecialCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:00 p.m. on May 5, 2014 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sut- ton; City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting a work session on the Upper Bee Branch Creek Restora- tion Project Landscaping Design. WORK SESSION Upper Bee Branch Creek Restoration Project Landscaping Design Civil Engineer Deron Muehring, Mike Bridwell of Strand Associates, Inc., and Abbie Moilien of Ken Saiki Design (Madison, WI) provided a slide presentation on the land- scaping design elements for the Upper Bee Branch Creek Restoration Project. Topics included: Planting and Aesthetics • Partl o Overall plan view o Inlet planting plan, seating and flagpoles o Inlet crossing planting plan and biofields o Outlet planting plan, seating and flagpoles • Part II o Rhomberg Avenue crossing planting plan, bridge, and bridge planting plan o Lincoln Avenue to 22nd Street area planting plans o Orchard amenity and planting plan o Amphitheater amenity and planting plan o 22nd Street parking lot and planting plan o Slide Play Area amenity and planting plan o Prince Street and 24th Street area and planting plan o 24t" Street Bike Trailhead/Overlook planting plan o 24th Street outfall and planting plan o Channel cross sections and lunker construction o Retaining wall options and water levels City Council had discussion with the presenters and staff following the presentation. Leisure Services Manager Marie Ware and Northend Neighborhood Association Presi- dent Chuck Harris responded to questions. There being no further business, upon motion the City Council adjourned at 5:47 p.m. /s/Kevin S. Firnstahl, CMC City Clerk 1 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on May 5, 2014 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sut- ton; City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE PROCLAMATION(S) 1. Kids to Parks Day (May 17, 2014) was accepted by Park Division Manager Steven Fehsal; 2. Bike to Work Week (May 12-16, 2014): was accepted by Parrish Maruug, 1072 Central, on behalf of TriState Trail Vision; 3. Mental Health Month (May 2014): was accepted by Debra Klein, 18 Hickory St. East Dubuque, IL on behalf of Mental Health America; 4. Preservation Month (May 2014) was accepted by Historic Preservation Commis- sion Chairperson Bob McDonell and Commissioner Chris Olson. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Connors. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council Proceedings of 4/21, Community Development Advisory Commission of 4/23, Historic Preservation Commission of 4/17, Housing Commission of 3/25, Human Rights Commission of 3/10, Investment Oversight Advisory Commission of 4/23, Long Range Planning Advisory Commission of 4/16, Sis- ter City Relationships Advisory Commission of 4/16, Zoning Board of Adjustment of 4/24, Proof of Publication for City Council Proceedings of 4/7. Upon motion the docu- ments were received and filed. 2. Notice of Claims and Suits: Danny Boleyn for property damage, Gina Harkey for property damage, Sondra Koch for property damage, McCrea vs City of Dubuque for gender discrimination, Amy Muchmore for vehicle damage, Jeffry Potts for vehicle dam- age, Amy Zirtzman for personal injury. Upon motion the documents were received, filed and referred to the City Attorney. 3. Disposition of Claims: Danny Boleyn for property damage, Sondra Koch for proper- ty damage, Gina Harkey for property damage, Amy Muchmore for vehicle damage, Jef- fry Potts for vehicle damage, and Amy Zirtzman for personal injury. Upon motion the documents were received, filed and concurred. 2 4. Riverview Center: Correspondence from Faye Clark, Executive Director of the Riverview Center, thanking the City Council for the Purchase of Services grant to sup- port a sexual assault therapist position. Upon motion the document was received and filed. 5. Volunteer Hall of Fame Recognition: City Manager transmitting information about AmeriCorps Partners in Learning member Becca Johnson being inducted into the State of Iowa Volunteer Hall of Fame. Upon motion the documents were received and filed. 6. Washington Neighborhood Intersection Painting Project at 1611" and Washington Streets: City Manager recommending approval of a street intersection painting project at 1611" and Washington Streets. Upon motion the documents were received, filed and ap- proved. 7. Community Development Block Grant (CDBG) - Amendment 2: City Manager rec- ommending approval of the Fiscal Year 2014 Annual Action Plan Amendment 2 for the Community Development Block Grant (CDBG) program, which provides for an amend- ment to the Fiscal Year 2013 and Fiscal Year 2014 Annual Action Plans by reallocating funds from the prior Fiscal Year 2013 Annual Plan into the Fiscal Year 2014 Annual Plan and reprogramming funds for existing and new projects. Upon motion the docu- ments were received and filed and Resolution No. 126-14 Approving Fiscal Year 2014 (Program Year 2013) Annual Action Plan Amendment 2 for Community Development Block Grant (CDBG) Funds was adopted. RESOLUTION NO. 126-14 APPROVING FISCAL YEAR 2014 (PROGRAM YEAR 2013) ANNUAL ACTION PLAN AMENDMENT 2 FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS Whereas, the City of Dubuque prepared and filed an Annual Action Plan for Fiscal Years 2014; and Whereas, the City of Dubuque now desires to amend said Annual Plan by reallocat- ing funds between existing activities; and Whereas, said amendment is a substantial amendment as provided in the City's Citi- zen Participation Plan and therefore must be approved by resolution of the City Council after a public hearing by the Community Development Advisory Commission; andWhereas, the City advertised a 30 day public comment period beginning March 20, 2014; and Whereas, the Community Development Advisory Commission reviewed said amendment on April 23, 2014 and voted to approve said amendment and recommend approval by the City Council. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Annual Action Plan for Fiscal Years 2013 and 2014 are hereby rescinded and the balance of funds from these plans are incorporated into a Fiscal Year 2014 (Program Year 2013) Annual Action Plan — Amendment 2, attached hereto as Ex- hibit A. Section 2. That said Fiscal Year 2014 (Program Year 2013) Annual Action Plan Amendment 1 attached hereto as Exhibit A is hereby approved. 3 Section 4. That the City Manager is hereby authorized and directed to submit a copy of this resolution and amendment to the U.S. Department of Housing and Urban Devel- opment. Passed, approved and adopted this 5th day of May, 2014. Roy D. Buol, Mayor Attest: Kevin S. Finstahl, City Clerk 8. Quarterly Investment Report: City Manager transmitting the Quarterly Investment Report for March 31, 2014. Upon motion the documents were received and filed. 9. Notices of Expiration of Right of Redemption: City Manager recommending ap- proval for any attorney in the City Attorney's office to sign Notices of Expiration of Right of Redemption. Upon motion the documents were received and filed and Resolution No. 127-14 Authorizing the attorneys in the City of Dubuque City Attorney's Office to sign Notices of Expiration of Right of Redemption was adopted. RESOLUTION NO. 127-14 AUTHORIZING THE ATTORNEYS IN THE CITY OF DUBUQUE CITY ATTORNEY'S OFFICE TO SIGN NOTICES OF EXPIRATION OF RIGHT OF REDEMPTION Whereas, Iowa Code §447.9 outlines the requirements for providing notice of expira- tion of right of redemption of real estate which has been sold at a tax sale; and Whereas, Iowa Code §447.9 requires that the city officer signing the notice of expira- tion of right of redemption be authorized to sign the notice by resolution of the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council hereby authorizes the City Attorney and the Assistant City Attorneys to sign notices of expiration of right of redemption on behalf of the City of Dubuque. Passed, approved and adopted this 5th day of May, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 10. Public Transit Infrastructure Grant (PTIG) - Bus Storage Facility: City Manager recommending approval to move forward with an application to the Public Transit Infra- structure Grant program to seek additional funding for the Bus Storage Facility. Upon motion the documents were received and filed and Resolution No. 128-14 Approval of grant application to Public Transit Infrastructure Grant (PTIG) Program for Bus Storage Facility was adopted. RESOLUTION NO. 128-14 PUBLIC TRANSIT INFRASTRUCTURE AUTHORIZING RESOLUTION APPROVAL OF GRANT APPLICATION TO PUBLIC TRANSIT INFRASTRUCTURE GRANT (PTIG) PROGRAM FOR BUS STORAGE FACILITY NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: We hereby authorize Candace Eudaley, Director of Transit Operations, on behalf of the City of Dubuque/The Jule, to apply for financial assistance from state funds from the Public Transit Infrastructure Grant Program and to enter into a related contract(s) with the Iowa Department of Transportation in the amount of $600,000. We certify that the City of Dubuque/The Jule has sufficient non -US DOT funding to 4 provide required match for public transit infrastructure projects under this program, $150,000, and that $2,674,692 of federal funding is included in this project and we also certify that the proposed project, if funded will be substantially completed within 18 months of contract award. Passed, adopted and approved this 5t" day of May, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 11. Jule Transit System - Consolidated Funding Application: City Manager recom- mending approval of the Consolidated Funding Application, as submitted, and approve signature of the Lobbying Cost Certificate, Certificate of Cost Allocation Plan and Au- thorizing Resolution for the Iowa Department of Transportation Consolidated Funding Application for Fiscal Year 2015 for The Jule. Upon motion the documents were re- ceived and filed and Resolution No. 129-14 Approval of grant application to Iowa DOT for consolidated funding was adopted. RESOLUTION NO. 129-14 PUBLIC TRANSIT INFRASTRUCTURE AUTHORIZING RESOLUTION APPROVAL OF GRANT APPLICATION TO IOWA DOT FOR CONSOLIDATED FUNDING NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: We hereby authorize Candace Eudaley, Director of Transit Operations, on behalf of the City of Dubuque/The Jule, to apply for financial assistance as noted below and to enter into related contract(s) with the Iowa Department of Transportation. From the State Transit Assistance Program: 1.854850% of formula funds. From federal funds for transit in non -urbanized areas and/or for transit serving pri- marily elderly persons and persons with disabilities: $46,273. From statewide federal capital assistance for transit: $948,308. We understand acceptance of federal transit assistance involves an agreement to comply with certain labor protection provisions. We certify that the City of Dubuque/The Jule has sufficient non-federal funds to pro- vide required local match for capital projects and at time of delivery will have the funds to operate and maintain vehicles and equipment purchased under this contract. We request that State Transit Assistance formula funding be advances as allowed by law, to improve system cash flow. Passed, adopted and approved this 5t" day of May, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 12. Housing Enterprise Zone Agreement - 253 Main St.: City Manager recommending approval of a Housing Enterprise Zone Program Agreement by and among the Iowa Economic Development Authority, the City of Dubuque and Ken Oberbroeckling for Housing Enterprise Zone benefits related to the redevelopment of 253 Main Street. Up- on motion the documents were received and filed and Resolution No. 130-14 Approving a Housing Enterprise Zone Program Agreement by and among the Iowa Economic De- velopment Authority, the City of Dubuque and Ken Oberbroeckling was adopted. RESOLUTION NO. 130-14 APPROVING A HOUSING ENTERPRISE ZONE PROGRAM AGREEMENT BY AND AMONG THE IOWA ECONOMIC DEVELOPMENT AUTHORITY, THE CITY OF DUBUQUE AND KEN OBERBROECKLING 5 Whereas, the City of Dubuque has established two Enterprise Zones and an Enter- prise Zone Commission; and Whereas, the Enterprise Zone Commission on December 19, 2013 approved the ap- plication of Ken Oberbroeckling for Housing Enterprise Zone benefits; and Whereas, Ken Oberbroeckling's application was approved by the Iowa Economic De- velopment Authority on February 19, 2014; and Whereas, the Iowa Economic Development Authority has prepared and submitted for City Council approval an agreement relating to Housing Enterprise Zone benefits for Ken Oberbroeckling, a copy of which is attached hereto and by this reference made a part hereof; and Whereas, the City Council finds that the proposed agreement is acceptable and nec- essary to the growth and development of the City. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Iowa Economic Development Authority Housing Enterprise Zone Program Agreement, Number 14-HEZ-074, is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the Agree- ment on behalf of the City of Dubuque and forward the executed copy to the Iowa Eco- nomic Development Authority for their approval. Passed, approved and adopted this 5th day of May, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 13. Iowa Department of Transportation Acceptance of Patents - Lots at Intermodal Facility Property: City Manager recommending acceptance of Patents from the State of Iowa conveying excess state right-of-way properties along Elm Street between 9th and 11th Street. Upon motion the documents were received and filed and Resolution No. 131-14 Accepting a conveyance of property (Lot 1 of Intermodal Place No. 1 in the City of Dubuque, Dubuque County, Iowa); Resolution No. 132-14 Accepting a conveyance of property (Lot 1 of Lot 1 of Lot 2 of Lot 3 of City Lot 505 and Lot 1 of Intermodal Place No. 2 in the City of Dubuque, Dubuque County, Iowa); and Resolution No. 133-14 Ac- cepting a conveyance of property (Lot 1 of Intermodal Place No. 3 in the City of Dubu- que, Dubuque County, Iowa) were adopted. RESOLUTION NO. 131-14 ACCEPTING A CONVEYANCE OF PROPERTY (LOT 1 OF INTERMODAL PLACE NO. 1 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA) Whereas, on February 14, 2014, the City of Dubuque submitted an offer to purchase Lot 1 of Intermodal Place No. 1 in the City of Dubuque, Dubuque County, Iowa and the State of Iowa has accepted said offer to purchase; and Whereas, the City of Dubuque has remitted payment to the State of Iowa as agreed upon in the offer to purchase said property; and Whereas, the State of Iowa has executed a conveyance of said property. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, ac- cepts, and consents to the Patent from the State of Iowa, a copy of which is attached hereto, as required by Iowa Code Section 569.7. 6 Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, adopted and approved this 5th day of May, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 132-14 ACCEPTING A CONVEYANCE OF PROPERTY (LOT 1 OF LOT 1 OF LOT 2 OF LOT 3 OF CITY LOT 505 AND LOT 1 OF INTERMODAL PLACE NO. 2 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA) Whereas, on February 14, 2014, the City of Dubuque submitted an offer to purchase Lot 1 of Lot 1 of Lot 2 of Lot 3 of City Lot 505 and Lot 1 of Intermodal Place No. 2 in the City of Dubuque, Dubuque County, Iowa and the State of Iowa has accepted said offer to purchase; and Whereas, the City of Dubuque has remitted payment to the State of Iowa as agreed upon in the offer to purchase said property; and Whereas, the State of Iowa has executed a conveyance of said property. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, ac- cepts, and consents to the Patent from the State of Iowa, a copy of which is attached hereto, as required by Iowa Code Section 569.7. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, adopted and approved this 5th day of May, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 133-14 ACCEPTING A CONVEYANCE OF PROPERTY (LOT 1 OF INTERMODAL PLACE NO. 3 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA) Whereas, on February 14, 2014, the City of Dubuque submitted an offer to purchase Lot 1 of Intermodal Place No. 3 in the City of Dubuque, Dubuque County, Iowa and the State of Iowa has accepted said offer to purchase; and Whereas, the City of Dubuque has remitted payment to the State of Iowa as agreed upon in the offer to purchase said property; and Whereas, the State of Iowa has executed a conveyance of said property. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, ac- cepts, and consents to the Patent from the State of Iowa, a copy of which is attached hereto, as required by Iowa Code Section 569.7. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, adopted and approved this 5th day of May, 2014. Attest: Kevin S. Firnstahl, City Clerk 7 Roy D. Buol, Mayor 14. Iowa Department of Transportation - Acceptance of Patent for Bluff Street Lot: City Manager recommending acceptance of a Patent from the State of Iowa conveying excess state right-of-way property on Bluff Street. Upon motion the documents were re- ceived and filed and Resolution No. 134-14 Accepting a conveyance of property (Lot 1 of Pixler Place No. 2 in the City of Dubuque, Dubuque County, Iowa was adopted. RESOLUTION NO. 134-14 ACCEPTING A CONVEYANCE OF PROPERTY (LOT 1 OF PIXLER PLACE NO. 2 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA) Whereas, on January 30, 2014, the City of Dubuque submitted an offer to purchase Lot 1 of Pixler Place No. 2 in the City of Dubuque, Dubuque County, Iowa and the State of Iowa has accepted said offer to purchase; and Whereas, the City of Dubuque has remitted payment to the State of Iowa as agreed upon in the offer to purchase said property; and Whereas, the State of Iowa has executed a conveyance of said property. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, ac- cepts, and consents to the Patent from the State of Iowa, a copy of which is attached hereto, as required by Iowa Code Section 569.7. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, adopted and approved this 5t" day of May, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 15. Rockfarm Holdings, Inc.: City Manager recommending authorization of the sub- mission of an Economic Development Assistance Contract by Rockfarm Holdings, Inc., the City of Dubuque and the Iowa Economic Development Authority. Upon motion the documents were received and filed and Resolution No. 135-14 Authorizing the execu- tion of an Economic Development Assistance Contract by and between Rockfarm Hold- ings, Inc., the City of Dubuque and the Iowa Economic Development Authority for the Construction of Company Headquarters in Dubuque was adopted. RESOLUTION NO. 135-14 AUTHORIZING THE EXECUTION OF AN ECONOMIC DEVELOPMENT ASSIS- TANCE CONTRACT BY AND BETWEEN ROCKFARM HOLDINGS, INC, THE CITY OF DUBUQUE AND THE IOWA ECONOMIC DEVELOPMENT AUTHORITY FOR THE CONSTRUCTION OF COMPANY HEADQUARTERS IN DUBUQUE Whereas, Rockfarm Holdings, Inc. has proposed making a $2.5 million investment for the construction of a 10,000 square foot office space facility in Dubuque, Iowa; and Whereas, the City Council of Dubuque, Iowa has considered said proposal and has determined that the proposed project will contribute to the local economy in Dubuque through the creation of 48 jobs; and Whereas, financial assistance from the Iowa Economic Development Authority is de- signed to assist in the economic development efforts of local jurisdictions; and Whereas, the City of Dubuque, Iowa must provide local sponsorship on behalf of Rockfarm Holdings, Inc. for its Business Financial Assistance Application with the Iowa Economic Development Authority; and 8 Whereas, the Iowa Economic Development Authority has requested execution of an Economic Development Assistance Contract in order to finalize incentives and docu- ment associated terms for the construction of company headquarters in Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor is hereby authorized to execute and the City Manager is hereby directed to submit the Economic Development Assistance Contract to the Iowa Economic Development Authority together with such documents as may be required. Passed, approved, and adopted this 5th day of May, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 16. Health Choices Administrative Services Fee: City Manager recommending ap- proval of Amendment VI to the Administrative Services Agreement with Health Choices effective July 1, 2014 through June 30, 2016. Upon motion the documents were re- ceived, filed and approved. 17. Area Residential Care, Inc., (ARC) - Vocational Services Agreement: City Man- ager recommending approval of the Area Residential Care, Inc., Vocational Services Agreement for 2014 for the cleanup of litter and raking of playground safety surfaces at four department locations. Upon motion the documents were received, filed and ap- proved. 18. Fiber Optic Cable Facilities Agreement with Dubuque County: City Manager rec- ommending approval of a Fiber Optic Cable Facilities Agreement between the City of Dubuque and Dubuque County that will provide network connectivity from the Historic Federal Building to the Dubuque County Courthouse. Upon motion the documents were received, filed and approved. 19. Pre -Annexation Agreement — Jelinske: City Manager recommending approval of a Pre -Annexation Agreement with James and Laura Jelinske in accordance with the Fringe Area Development Policy. Upon motion the documents were received and filed and Resolution No. 136-14 Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa, and James L. and Laura V. Jelinske was adopted. RESOLUTION NO. 136-14 APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBU- QUE, IOWA AND JAMES L. AND LAURA V. JELINSKE Whereas, James L. and Laura V. Jelinske are the owners of the following described property in Dubuque County, Iowa (the Property) and have submitted to the City Council of the City of Dubuque an application for voluntary annexation of the Property to the City of Dubuque: The SE' SE 1/4 Section 9, T88N, R2E of the 5t" P.M., Dubuque County, Iowa; and Whereas, James L. and Laura V. Jelinske have entered into a Pre -Annexation Agreement with the City of Dubuque, a copy of which is attached hereto governing the future annexation of the Property; and Whereas, the Property is not subject to an existing annexation moratorium; and Whereas, the Property does not include any state or railroad property; and Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property in Dubuque County, Iowa and the extension of city limits by voluntary annexation; and 9 Whereas, the annexation of the Property is consistent with the Comprehensive Plan of the City of Dubuque, necessary for the future orderly growth and development of the City of Dubuque, and will promote efficient and cost effective extension of municipal services; and Whereas, the City Council finds that the annexation of the Property is in the public in- terest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Pre -Annexation Agreement by and between James L. and Laura V. Jelinske and the City of Dubuque is hereby approved. Passed, approved and adopted this 5th of May, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 20. Inclusive Dubuque - Contracted Services Agreement: City Manager recommend- ing approval of a Contracted Services Agreement with Inclusive Dubuque. Upon motion the documents were received, filed and approved. 21. Spark vs. City of Dubuque: City Attorney recommending approval of a settlement related to Spark vs. the City of Dubuque regarding a bankruptcy violation. Upon motion the documents were received, filed and approved. 22. Mediacom Communications Company: Correspondence from Mediacom Com- munications Company advising the City of changes in programming taking place on or about June 1, 2014. Upon motion the document was received and filed. 23. Enterprise Zone Commission Membership: City Manager recommending recogni- tion of the appointments of Peggy Murray (Iowa Workforce Development) and Daniel White (Northeast Iowa Community College) to the Enterprise Zone Commission, and approve the reappointment of City Manager Michael C. Van Milligen to serve on the Commission. Upon motion the documents were received, filed and approved. 24. Signed Contracts: Dittmer Recycling 2nd Amendment to Agreement for pro- cessing and marketing of recyclables. Upon motion the document was received and filed. 25. Alcohol Compliance Civil Penalty for Alcohol License Holders — Lot 1: City Man- ager recommending approval of the Acknowledgment/Settlement Agreement for an al- cohol compliance violation for Lot 1, 100 Main Street. Upon motion the documents were received, filed and approved. 26. Alcohol License Applications: City Manager recommending approval of annual liquor, beer, and wine licenses as submitted. Upon motion the documents were received and filed and Resolution No. 137-14 Approving applications for beer, liquor, and/or wine permits, as required by City of Dubuque Code of Ordinances Title 4 Business and Li- cense Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. 10 RESOLUTION NO. 137-14 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQ- UOR, BEER AND WINE LICENSES AND PERMITS Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted and filed with the City Council for approval and the same have been examined and ap- proved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and the applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Clerk is hereby authorized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required documentation: Buffalo Wild Wings Catfish Charlie's Chocolaterie Stam Dubuque Days Inn & Spirits Bar & Grill Dubuque Golf & Country Club Kmart # 4018 Marco's Italian American Food Mc Cann's Service, Inc. Oky Doky #1 Paro Food Mart Ron's Discount Smokes & Bev- erage Center Shenanigans Pub, LLC Shot Tower Inn Stone Cliff Winery, Inc. Tobacco Outlet Plus #504 Tott's Tap Walgreens #06154 Walgreens #09708 Renewals 2805 Northwest Arterial 1630 E 16th St. 269 Main St. 1111 Dodge St. 1800 Randall PI. 2600 Dodge St. 2022 Central Ave. 690 W Locust St. 250 W 1St St. 3200 Central Ave. 1450 Loras Blvd. 3203 Jackson St. Class C Liquor (Outdoor) (Sunday) Class C Liquor (Outdoor) (Sunday) Special Class C Liquor, Class B Wine (Outdoor) (Sunday) Class B Liquor (Outdoor) (Sunday) Class A Liquor (Outdoor) Class C Beer, Class B Wine(Sunday)..........._...................._..................... Class C Liquor Class C Beer (Sunday) Class C Beer, Class B Wine (Sunday) ............:.._.......................... Class C Beer (Sunday) Class C Beer (Sunday) Class C Liquor, Brew Pub (Sunday) L390 Locust St. Class C Liquor (Sunday) 600 Star Brewery Dr. Class C Native Wine _(Sunday) (Outdoor) ......_.__....._........._ 806 Wacker Dr. Suite 140 Class C Beer, Class B Native Wine (Sunday) 3457 Jackson St. Class C Liquor (Sunday) 2260 J.F.K. Rd. Class E Liquor, Class B Wine, Class C Beer _ Sunda 55 J.F.K. Rd. Class E Liquor, Class B Wine, Class C Beer Sunda 11 Dubuque and All That Jazz June 20th, July 18th, August 15th and September 5th Dubuque County Fine Arts May16th ....__....._................_............—_. Dubuque Jaycees, Inc. (ARF) June 12th Four Mounds Foundation June 22nd Four Mounds Foundation September 18th Dubuque Lodge No. 355 Hotel Julien Dubuque Kwik Stop 16th Street #325 Special Events Town Clock Plaza with Rain location at Five Flags Town Clock Plaza 501 Bell St. 4900 Peru Rd. 4900 Peru Rd. Adding Privilege 2635 Windsor Ave. 200 Main St. ..............._...._................_._New ......_ e....._... 1210E.16hSt. . Passed, approved and adopted this 5th day of May, 2014. Attest: Kevin S. Firnstahl, City Clerk ITEMS TO BE SET FOR PUBLIC HEARING Class B Beer (Outdoor) Class B Beer (Outdoor) (Sunday) Class B Beer (Outdoor) Special Class C Liquor (Outdoor Class C Liquor (Sunday) Adding Permanente Out- door Service Adding Catering Privilege Class E Liquor, Class B Wine, Class C Beer (Sunday) Roy D. Buol, Mayor Motion by Lynch to receive and file the documents, adopt the resolutions, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Connors. Motion carried 7-0. 1. E.B. Lyons Interpretive Area Expansion Project: City Manager recommending initi- ation of the bidding process for the E.B. Lyons Interpretive Area Expansion Project, and further recommends that a public hearing be set for May 19, 2014. Upon motion the documents were received and filed and Resolution No. 138-14 Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and ordering the adver- tisement for bids was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on May 19, 2014 in the Historic Federal Building. RESOLUTION NO. 138-14 E. B. LYONS EXPANSION PROJECT PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the E. B. Lyons Expansion Project in the estimated amount $1,054,137.00, are hereby preliminar- ily approved and ordered filed in the office of the City Clerk for public inspection. A public hearing will be held on the 19th day of May, 2014, at 6:30 p.m. in the Historic Federal Building Council Chambers at which time interested persons may appear and 12 be heard for or against the proposed plans and specifications, form of contract and es- timated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not Tess than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. The EB Lyons Expansion Project is hereby ordered to be advertised for bids for con- struction. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. The City Clerk is hereby directed to advertise for bids for the construction of the im- provements herein provided, by publishing the attached Notice to Bidders to be pub- lished in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four but not more than forty-five days before the date for filing bids before 2:00 p.m. on the 5th day of June, 2014. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final action at 6:30 p.m. on the 16th day of June, 2014, in the Historic Federal Building Coun- cil Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. Passed, adopted and approved this 5th day of May, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their appointment to the following Boards/Commissions: 1. Electrical Code Board: Two 3 -year terms through May 21, 2017 (Expired terms of Dixon and Wilson). Applicants: James Dixon, 2505 Marquette, PI.; and David Wilson, 2918 Washington St. Mr. Wilson spoke in favor of his appointment. PUBLIC HEARINGS 1. Water Treatment Plant North Softening Basins Rehabilitation Project: City Manag- er recommending rescinding Resolution No. 107-14, Give preliminary approval to the specifications for the Water Treatment Plant North Softening Basins Rehabilitation Pro- ject, and establish May 19, 2014 as the date for the public hearing on the specifications for this project. Motion by Jones to receive and file the documents; adopt Resolution No. 139-14 Preliminary approval of the specifications, form of contract, and estimated cost; setting date of public hearing on the specifications, form of contract, and estimated cost; and ordering the advertisement for bids; and re -set the public hearing for a meeting to commence at 6:30 p.m. on May 19, 2014 in the Historic Federal Building. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 139-14 WATER TREATMANT PLANT NORTH SOFTENING BASINS REHABILITATION PROJECT PRELIMINARY APPROVAL OF THE SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON THE SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDER- ING THE ADVERTISEMENT FOR BIDS 13 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the con- struction cost for the project to improve the Water Treatment Plant North Softening Ba- sins Rehabilitation are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. A public hearing will be held on the 19th day of May, 2014, at 6:30 p.m. in the Historic Federal Building Council Chambers at which time interested persons may appear and be heard for or against the proposed specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached no- tice of the time and place of such hearing to be published in a newspaper having gen- eral circulation in the City of Dubuque, Iowa, which notice shall be published not Tess than four days nor more than twenty days prior to the date of such hearing. At the hear- ing, any interested person may appear and file objections to the proposed specifica- tions, form of contract, or estimated cost of the Project. The Water Treatment Plant North Softening Basins Rehabilitation Project is hereby ordered to be advertised for bids for construction. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. The City Clerk is hereby directed to advertise for bids for the improvements herein provided, by publishing the attached Notice to Bidders to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four but not more than forty-five days before the date for filing bids before 2:00 p.m. on the 22nd day of May, 2014. Bids shall be opened and read by the City Clerk at 2:00 p.m. and will be submitted to the City Council for final action at the public hear- ing at 6:30 p.m. on the 2nd day of June, 2014, in the Historic Federal Building Council Chambers (Second Floor), 350 West 6th Street, Dubuque, Iowa. Passed, adopted and approved this 5th day of May, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Upon motion the rules were suspended allowing anyone present to address the City Council on the following item: 2. SRF Green Alley Project - Bid Set 4: Proof of publication on notice of public hear- ing to consider approval of plans, specifications, form of contract and estimated cost for the SRF Green Alley Bid Set 4 Project and the City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 140-14 Approval of plans, specifications, form of contract and estimated cost for the SRF Green AIIey Bid Set 4 Project; Resolution No. 141-14 Resolution with respect to the adoption of the Resolution of Necessity proposed for the SRF Green AIIey Bid Set 4 Project; and Resolution No. 142-14 Approving Schedule of Assessments and estimate of total cost for the SRF Green AIIey Bid Set 4 Project. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 140-14 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMAT- ED COST FOR THE SRF GREEN ALLEY BID SET 4 PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 14 That the proposed plans, specifications, form of contract and estimated cost for the SRF Green Alley Bid Set 4 Project, in the estimated amount $251,687.57, are hereby approved. Passed, adopted and approved this 5t" day of May, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 141-14 RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE SRF GREEN ALLEY BID SET 4 PROJECT Whereas, the City Council has proposed a Resolution of Necessity for the SRF Green Alley Bid Set 4 Project and has given notice of the public hearing thereon as re- quired by law; and Whereas, the public hearing has been held, all persons offering objections have been heard and consideration given to all objections and is pending before this Council; and Whereas, this is the time and place set as provided for the taking of action on the proposed Resolution of Necessity. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed Resolution of Necessity described above is hereby: • Adopted, without amendment, and all objections filed or made having been duly considered are overruled. Passed, adopted and approved this 5th day of May, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 142-14 APPROVING SCHEDULE OF ASSESSMENTS AND ESTIMATE OF TOTAL COST FOR THE SRF GREEN ALLEY BID SET 4 PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the attached plat, schedule of assessments, and estimate of total cost for the SRF Green Alley Bid Set 4 Project are hereby approved. Passed, approved and adopted this 5th day of May, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS 1. Pre -Annexation Requirement Waiver Request - Jon Luckstead Plat: Correspond- ence from Jon Luckstead appealing the City Council's decision to require a Pre - Annexation Agreement for property located at 10496 Ironwood Drive in Tamarack Busi- ness Park and further requesting to address the City Council. City Manager recom- mending that the City Council require the Pre -Annexation Agreement in accordance with the Fringe Area Development Standards. Mr. Luckstead, 3642 Echo Hills Drive, Bellevue, IA presented and spoke in favor of the waiver request. Planning Services Manager Laura Carstens and Assistant City Attorney Maureen Quann responded to 15 questions from the City Council and points raised by Mr. Luckstead. Motion by Lynch to receive and file the documents and deny the waiver request. Seconded by Connors. Motion carried 7-0. 2. Citizen Petition - Support of Minimum Wage Increase: Tom Johnson of the Dubu- que Catholic Worker House submitting a citizen petition requesting a City Council reso- lution supporting an increase in the state minimum wage to $10.10 an hour and index it to the cost of living. Motion by Connors to receive and file the document. Seconded by Braig. Motion carried 7-0. 3. Dubuque Racing Association - Purchase Hilton Garden Inn Hotel: City Manager recommending approval of a request from the Dubuque Racing Association to purchase the Hilton Garden Inn Hotel. Motion by Jones to receive and file the documents and adopt Resolution No, 143-14 Authorizing the DRA to make alterations to the facilities in excess of ten thousand dollars ($10,000), finance capital improvements by incurring debt and using future fund dollars as part of a down payment to facilitate an Asset Pur- chase Agreement for substantially all of the assets of Dubuque Casino Hotel, LLC., in- cluding but not limited to the Hilton Garden Inn and Houlihan's Restaurant assets and operations. Seconded by Connors. Jesus Aviles, President & Chief Executive Officer for the Mystique Casino, responded to questions from the City Council. Motion carried 7-0. RESOLUTION NO 143-14 AUTHORIZING THE DRA TO MAKE ALTERATIONS TO THE FACILITIES IN EX- CESS OF TEN THOUSAND DOLLARS ($10,000), FINANCE CAPITAL IMPROVE- MENTS BY INCURRING DEBT AND USING FUTURE FUND DOLLARS AS PART OF A DOWNPAYMENT TO FACILITATE AN ASSET PURCHASE AGREEMENT FOR SUBSTANTIALLY ALL OF THE ASSETS OF DUBUQUE CASINO HOTEL, LLC., IN- CLUDING BUT NOT LIMITED TO THE HILTON GARDEN INN AND HOULIHAN'S RESTAURANT ASSETS AND OPERATIONS. Whereas, the City of Dubuque, Iowa (hereafter "City"), and the Dubuque Racing DRA, Ltd. (hereafter "DRA"), are parties to an Amended and Restated Lease Agree- ment dated for reference purposes the 31st day of March, 2004, as amended by the First Amendment dated April 4, 2005, the Second Amendment dated June 29, 2005, the Third Amendment dated February 2, 2009, and the Fourth Amendment dated on or about June 7, 2010; and Whereas, Section 13 of the Amended & Restate Lease requires written City consent prior to the DRA commencing alterations to any structure or structures or making addi- tions to any existing structures or facilities in an amount exceeding Ten Thousand Dol- lars ($10,000) or capital improvements to be purchased by incurring debt; and Whereas, the Amended and Restated Lease Agreement, as amended by the Fourth Amendment thereto, provides in paragraph 41(a)(vii) for the establishment and use of a Capital Reserve Fund for use in funding future capital improvements in the discretion of DRA's board of directors; and Whereas, the Amended and Restated Lease Agreement, as amended by the Fourth Amendment thereto, provides in paragraph 41(a)(x) for a Future Fund to make distribu- tions to charities and non-profit entities; and Whereas, the DRA has been engaged in negotiations with Dubuque Casino Hotel, LLC, for the purchase of substantially all of the assets of Dubuque Casino Hotel, LLC, including, but not limited to, the Hilton Garden Inn and Houlihan's Restaurant assets and operations and assignment of the current lease between Dubuque Casino Hotel, LLC, as lessee, and the City of Dubuque, as lessor, for the real estate and improve - 16 ments, which lease expires between July 2, 2044 and July 1, 2045, at which time the real estate and improvements thereon (including any improvements made by the DRA following the purchase) shall revert to the City of Dubuque; and Whereas, the Board of Directors of the DRA approved the use of the current balance of funds in the Capital Reserve Fund, supplemented by $700,000.00 from the Future Fund, to be applied toward the purchase price and for necessary expenses incurred in negotiating and completing the transaction; and Whereas, the City has been informed by the DRA that American Trust & Savings Bank ("Lender") intends to make a certain term loan to the DRA, pursuant to the terms of that certain Business Loan Agreement (as the same may hereafter be amended, restated, supplemented or otherwise modified from time to time, the "Loan Agree- ment"), dated as of June 13, 2014, by and between DRA and Lender; and Whereas, the DRA desires to proceed with the purchase on the terms contained in the Asset Purchase Agreement and Exhibits thereto; and Whereas, the DRA intends to enter into an Asset Purchase Agreement with Dubuque Casino Hotel, LLC. which requires prior written approval from the City as the transaction will result in: 1. Alterations to any structure or structures or making additions to any existing struc- tures or facilities in an amount exceeding Ten Thousand Dollars ($10,000) 2. Capital improvements financed by incurring debt 3. The use of the $700,000.00 balance in the Future Fund at the time of closing to be transferred to the Capital Reserve Fund, and that the balance of the Capital Re- serve Fund, as thus supplemented, is approved for use toward the purchase price; and Whereas, the City has determined that the operation of the DRA accomplishes a pub- lic purpose by promoting community development and tourism for the civic betterment and social welfare of the City of Dubuque and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council has been presented with a request from the DRA pursu- ant to the Amended and Restated Lease Agreement and subsequent amendments, to facilitate an Asset Purchase Agreement between the DRA and Dubuque Casino Hotel, LLC. for substantially all of the assets of Dubuque Casino Hotel, LLC, including, but not limited to, the Hilton Garden Inn and Houlihan's Restaurant assets and operations and assignment of the current lease between Dubuque Casino Hotel, LLC, as lessee, and the City of Dubuque, as lessor, for the real estate and improvements, and a Landlord's Consent document; the City Council hereby authorizes the DRA to: 1. Make alterations to any structure or structures or make additions to any existing structures or facilities in an amount exceeding Ten Thousand Dollars ($10,000); 2. Incur debt for capital improvements; 3. Use the $700,000.00 balance in the Future Fund at the time of closing to be trans- ferred to the Capital Reserve Fund, and that the balance of the Capital Reserve Fund, as thus supplemented, is approved for use toward the down payment for the Asset Purchase Agreement. The foregoing approval of the Landlord's Consent is subject to satisfactory review of all documents referred to in the Landlord's Consent by the City Attorney and the City Manager. Passed, approved and adopted this 5t" day of May, 2014 Attest: Kevin S. Firnstahl, City Clerk 17 Roy D. Buol, Mayor 4. Prairie Farms Water Usage Agreement: City Manager recommending approval of an agreement with Prairie Farms Dairy for a substantial increase in the amount of City water they use in the plant. Motion by Braig to receive and file the documents and ap- prove the recommendation. Seconded by Connors. Motion carried 7-0. 5. Sales Tax Increment Revenue Bonds Series 2014A: City Manager recommending approval of the form and distribution of a preliminary official statement relating to the of- fering and sale of Sales Tax Increment Revenue Bonds, Second Lien Series 2014A. Motion by Connors to receive and file the documents and adopt Resolution No. 144-14 Approving form and distribution of a Preliminary Official Statement relating to the offer- ing and sale of Sales Tax Increment Revenue Bonds (unlimited property tax supported), Second Lien Series 2014. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 144-14 APPROVING FORM AND DISTRIBUTION OF A PRELIMINARY OFFICIAL STATE- MENT RELATING TO THE OFFERING AND SALE OF SALES TAX INCREMENT REVENUE BONDS (UNLIMITED PROPERTY TAX SUPPORTED), SECOND LIEN SERIES 2014 Whereas, it is deemed necessary and advisable that the City of Dubuque, Iowa should issue its Sales Tax Increment Revenue Bonds to the amount of not to exceed $29,000,000, as authorized by Sections 418.14 and 384.83 of the Code of Iowa, for the purpose of providing funds to pay costs of the acquisition, construction and installation and equipping of the Bee Branch Watershed Flood Mitigation Project, including those costs associated with the Lower Bee Branch Creek Restoration Project (Phases 4 and 7) and the Bee Branch Flood Control Pumping Station Gates Replacement Project; and Whereas, pursuant to notice published as required by Sections 418.14 and 384.83 of the Code of Iowa, a public meeting and hearing was held on February 17, 2014, upon the proposal to institute proceedings for the issuance of the above described Bonds, and all objections, if any, to such action made by any resident or property owner of the City were received and considered; and, it is the decision of this governing body that additional action be taken for the issuance of the Bonds, and that such action is consid- ered to be in the best interests of the City and the residents thereof; and Whereas, a preliminary form of Official Statement has been prepared for the purpose of offering the initial series of the Bonds for sale to the public; and Whereas, it is appropriate that the form of the preliminary Official Statement be ap- proved and deemed final and, upon completion of the same, that the preliminary Official Statement be used in connection with the offering of the Bonds for sale to the public. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the preliminary Official Statement in the form presented to this meet- ing be and the same hereby is approved as to form and deemed final for purposes of Rule 15c2-12 of the Securities and Exchange Commission, subject to such revisions, corrections or modifications as the Budget Director, upon the advice of bond counsel and the City's financial advisor, shall determine to be appropriate, and is authorized to be distributed in connection with the offering of the Bonds for sale. Passed and approved this 5th day of May, 2014. Attest: Kevin S. Firnstahl, City Clerk 18 Roy D. Buol, Mayor 6. J. Thomas Zaber vs. City of Dubuque - Franchise Fee Litigation: City Attorney rec- ommending approval of a settlement agreement for J. Thomas Zaber vs. City of Dubu- que; and City Manager recommending approval to request Alliant Energy, Maquoketa Valley Electric and Black Hills Energy to agree to amend the Franchise Agreements to allow for a 5% utility franchise fee. Motion by Connors to receive and file the docu- ments, approve the recommendation, and adopt Resolution No. 145-14 Approving a Settlement Agreement in J. Thomas Zaber, Et. Al v. City of Dubuque, Iowa, Iowa District Court for Dubuque County, Case No. CVCV054663. Seconded by Jones. Motion car- ried 6-1 with Resnick voting nay. RESOLUTION NO. 145-14 APPROVING A SETTLEMENT AGREEMENT IN J. THOMAS ZABER, ET. AL V. CITY OF DUBUQUE, IOWA, IOWA DISTRICT COURT FOR DUBUQUE COUNTY, CASE NO. CVCV054663 Whereas, J. Thomas Zaber, on behalf of himself and all others similarly situated filed an action in the Iowa District Court for Dubuque County against the City of Dubuque seeking the refund of certain franchise fees collected by the City of Dubuque; and Whereas, the parties have engaged in settlement discussions which have resulted in a proposed Settlement Agreement, a copy of which is attached hereto; and Whereas, the City Council has determined that the approval of the Settlement Agreement is in the best interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Settlement Agreement is approved on behalf of the City of Dubuque. The Mayor, City Clerk and the City's legal counsel are authorized to execute the Set- tlement Agreement. Section 2. The City Manager, City Attorney, and the City's legal counsel are hereby authorized to take all necessary actions to execute the Settlement Agreement Passed, approved and adopted this 5t" day of May, 2014 Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 7. Greater Dubuque Development Corporation Board Membership: Correspondence from Rick Dickinson, President and CEO of Greater Dubuque Development Corporation (GDDC) requesting confirmation of the Mayor and two City Council members for mem- bership on the GDDC Board of Directors from July 1, 2014 through June 30, 2015. Re- stated motion by Connors to receive and file the documents and reappoint Mayor Buol, Council Members Connors and Lynch, City Manager Van Milligen, and Economic De- velopment Director Maurice Jones to the GDDC Board of Directors. Seconded by Braig. Motion carried 7-0. 8. Request for Work Session - Chaplain Schmitt Island Master Plan: City Manager requesting that the City Council schedule a work session on the Chaplain Schmitt Island Master Plan for Monday, June 2, 2014 at 5:00 p.m. Motion by Lynch to receive and file the documents and set the work session as recommended. Seconded by Braig. Motion carried 7-0. 19 COUNCIL MEMBER REPORTS Council Member Sutton reported on her participation and that of Corporal Brendan Welsh in the recent Chamber of Commerce's Dancing With the Stars Dubuque Style fundraiser. There being no further business, upon motion the City Council adjourned at 8:08 p.m. /s/Kevin S. Firnstahl, CMC City Clerk 20