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12 7 09 City Council Proceedings Official CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on December 7, 2009 in the Historic Federal Building. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voetberg, City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a regular session of the City Council to act upon such business that may properly come before the City Council. Pledge of Allegiance Invocation was provided by Reverend Jay Hilten of St. John's Lutheran Church. PROCLAMATION Human Rights Day (December 10, 2009) was accepted by AmeriCorps VISTA Member Abi Cahak, 1357 Main Street. PRESENTATION Planning Services Manager Laura Carstens presented 1000 Friends of Iowa 2009 Best Development and Leadership Award for the Historic Millwork District Plan and Cuningham Architecture. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Voetberg. Resnick requested (#15) Amendment to the Request for Proposals (RFP) Financial Assistance Pool be held for separate discussion. Connors requested (#22) LK Development & Storage, LLC, be held for separate discussion. Motion carried 7-0. Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 10/27; City Council of 11/16, 11/17 and 12/1; Community Development Advisory Commission of 11/18; Historic Preservation Commission of 11/19; Housing Commission of 10/27; Human Rights Commission of 10/12; Park and Recreation Commission of 11/10; Transit Board of 10/8 and 11/12; Zoning Board of Adjustment of 11/19 Proofs of publication of City Council Proceedings of November 2, 16, and 17, 2009 and List of Claims and Summary of Revenues for month ended October 31, 2009 Library Board of Trustees Update from the meetings of October 22 and November 17, 2009 Upon motion the documents were received and filed. Notice of Claims/Suits: John Corbett for vehicle damage; George Clark for property damage. Upon motion the documents were received, filed and referred to the City Attorney. City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Matthew Hurm for vehicle damage; Lola Volkert for personal injury; John Bechen for vehicle damage. Upon motion the documents were received, filed, and concurred. Champions for Inclusive Communities: Press release from the Champions for Inclusive Communities advising that Dubuque has been recognized as a “Star Community” by the Champions for Inclusive Communities. Upon motion the document was received and filed. School Resource Officer (SRO) Agreement: City Manager recommending approval of the Fiscal Year 2009 / 2010 School Police Officer Agreement between the City of DubuquePolice Department and the Dubuque Community School District. Upon motion the documents were received, filed, and approved. Human Rights Commission: Communication from Kelly Larson, Human Rights Director, advising of the resignation of Terry Driskell from the Human Rights Commission. Communication from Char Eddy advising that she will not be re-applying for another term on the Human Rights Commission. Upon motion the documents were received and filed and the resignations accepted. Online Employment Application Vendor Services Agreement: City Manager recommending approval of the Online Employment Application Vendor Services Agreement with NeoGov. Upon motion the documents were received, filed, and approved. Administrative Services Fee Renewal – Flexible Spending Plan: City Manager recommending approval of the Administrative Services Fee Renewal for the City’s flexible spending plan. Upon motion the documents were received, filed, and approved. IA 32 Traffic Improvements – Consultant Selection: City Manager recommending approval of the selection of IIW Engineers & Surveyors, PC for the IA 32 Capacity Improvements Project. Upon motion the documents were received, filed, and approved. 2008 Asphalt Paving Program: City Manager recommending acceptance of the 2008 Asphalt Paving Program as completed by River City Paving in the final contract amount of $226,131.41. Upon motion the documents were received and filed and Resolution No. 446-09 Accepting the 2008 Asphalt Paving Program and authorizing payment of the contract amount to the contractor was adopted. RESOLUTION NO. 446-09 ACCEPTING THE 2008 ASPHALT PAVING PROGRAMAND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the 2008 Asphalt Paving Program (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Eagle Point Park – Overlay Main Road fund, Asphalt Pavement Maintenance for Parking Lots fund and 2009 Annual Street Program fund appropriation for the contract amount of $226,131.41 2 less any retained percentage provided for therein as provided in Iowa Code Chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code Chapter 573. th Passed, approved and adopted this 7 day of December, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE 2008 ASPHALT PAVING PROGRAM The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the 2008 Asphalt Paving Program, that the Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $247,925.30. rd Dated this 3 day of December, 2009. Gus Psihoyos, City Engineer rd Filed in the office of the City Clerk on the 3 day of December, 2009. Jeanne F. Schneider, CMC, City Clerk Foye Street Sidewalk / Curb and Gutter Repair Project: City Manager recommending acceptance of the Foye Street Sidewalk / Curb and Gutter Repair Project as completed by Drew Cook & Sons Excavating, Inc. in the final contract amount of $47,821.40. Upon motion the documents were received and filed and Resolution No. 447-09 Accepting the Foye Street Sidewalk / Curb and Gutter Repair Project and authorizing payment of the contract amount to the contractor was adopted. RESOLUTION NO. 447-09 ACCEPTING THE FOYE STREET CURB & GUTTER, SIDEWALK REPLACEMENT PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Foye Street Curb & Gutter, Sidewalk Replacement Project (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Curb Replacement Capital Improvement Project and the Sidewalk Replacement Program Capital Improvement Project appropriations for the contract amount of $47,821.40 less any retained percentage provided for therein as provided in Iowa Code Chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code Chapter 573. th Passed, approved and adopted this 7 day of December, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE FOYE STREET CURB & GUTTER, SIDEWALK REPLACEMENT PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Foye Street Curb & Gutter, Sidewalk Replacement Project, that the Project has 3 been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $52,382.80. rd Dated this 3 day of December, 2009. Gus Psihoyos, City Engineer rd Filed in the office of the City Clerk on the 3 day of December, 2009. Jeanne F. Schneider, CMC, City Clerk Garfield Avenue Retaining Wall Reconstruction Project: City Manager recommending acceptance of the Garfield Avenue Retaining Wall Reconstruction Project as completed by Top Grade Excavating, Inc. in the final contract amount of $87,601.19. Upon motion the documents were received and filed and Resolution No. 448-09 Accepting the Garfield Avenue Retaining Wall Reconstruction Project and authorizing payment of the contract amount to the contractor was adopted. RESOLUTION NO. 448-09 ACCEPTING THE 1695 GARFIELD AVENUE RETAINING WALL REPAIR PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the 1695 Garfield Avenue Retaining Wall Repair Project (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Garfield Wall appropriations for the contract amount of $87,601.19 less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code chapter 573. th Passed, approved and adopted this 7 day of December, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE 1695 GARFIELD AVENUE RETAINING WALL REPAIR PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the 1695 Garfield Avenue Retaining Wall Repair Project, that the Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $104,423.16. rd Dated this 3 day of December, 2009. Gus Psihoyos, City Engineer rd Filed in the office of the City Clerk on the 3 day of December, 2009. Jeanne F. Schneider, CMC, City Clerk Ramona / Pamela Court Slab Replacement Project: City Manager recommending acceptance of the Ramona / Pamela Court Slab Replacement Project as completed by Portzen Construction, Inc. in the final contract amount of $67,773.15. Upon motion the documents were received and filed and Resolution No. 449-09 Accepting the Ramona / 4 Pamela Court Slab Replacement Project and authorizing payment of the contract amount to the contractor was adopted. RESOLUTION NO. 449-09 ACCEPTING THE RAMONA STREET AND PAMELA COURT, FROM HERITAGE DRIVE TO ADELINE STREET, PANEL REPLACEMENT PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Ramona Street and Pamela Court, from Heritage Drive to Adeline Street, Panel Replacement Project (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Ramona/Pamela Joint Repair Capital Improvement Project and the Ramona Street and Pamela Court Resurfacing Capital Improvement Project appropriations for the contract amount of $67,773.15 less any retained percentage provided for therein as provided in Iowa Code Chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code Chapter 573. th Passed, approved and adopted this 7 day of December, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE PAMELA COURT, FROM HERITAGE DRIVE TO ADELINE STREET, PANEL REPLACEMENT PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the, that the Ramona Street and Pamela Court, from Heritage Drive to Adeline Street, Panel Replacement Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $71,113.79. nd Dated this 2 day of December, 2009. Gus Psihoyos, City Engineer rd Filed in the office of the City Clerk on the 3 day of December, 2009. Jeanne F. Schneider, CMC, City Clerk nd West 32 Street Detention Basin Project: City Manager recommending acceptance of the nd West 32 Street Detention Basin Project as completed by Tschiggfrie Excavating Company in the final contract amount of $1,711,836.54. Upon motion the documents were received and nd filed and Resolution No. 450-09 Accepting the West 32 Street Detention Basin Project and authorizing payment of the contract amount to the contractor was adopted. RESOLUTION NO. 450-09 ND ACCEPTING THE WEST 32 STREET DETENTION BASIN PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR nd Whereas, the Public Improvement Contract for the West 32 Street Detention Basin Project (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted. 5 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the West nd 32 Street Detention Basin Project fund, Clifford-Rosemont Storm Sewer fund, and General Sanitary Sewer Repairs fund appropriations for the contract amount of $1,711,836.54 less any retained percentage provided for therein as provided in Iowa Code Chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code Chapter 573. th Passed, approved and adopted this 7 day of December, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk ND CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE WEST 32 STREET DETENTION BASIN PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has nd inspected the West 32 Street Detention Basin Project, that the Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $4,158,589.12. nd Dated this 2 day of December, 2009. Gus Psihoyos, City Engineer rd Filed in the office of the City Clerk on the 3 day of December, 2009. Jeanne F. Schneider, CMC, City Clerk I-Jobs Affordable Housing Assistance Program Grant Application: City Manager recommending approval of an I-Jobs Affordable Housing Assistance Program grant application to the Iowa Finance Authority (IFA) on behalf of Michelle Mihalakis for her Salvia House project. Upon motion the documents were received and filed and Resolution No. 451-09 Approving an I-Jobs Affordable Housing Program Assistance grant application to the Iowa Finance Authority on behalf of Michelle Mihalakis / Salvia House was adopted. RESOLUTION NO. 451-09 APPROVING A I-JOBS AFFORDABLE HOUSING PROGRAM ASSISTANCE GRANT APPLICATION TO THE IOWA FINANCE AUTHORITY ON BEHALF OF MICHELLE MIHALAKIS/SALVIA HOUSE Whereas, the State of Iowa has established a Housing Assistance Grant Program to assist in the development of housing in the State of Iowa; and Whereas, the developer of Manasseh House and Salvia House has been encouraged to make an application for the grant program; and Whereas, Salvia House will provide needed residential support and assistance to single low- income women living in the downtown area; and Whereas, the City Council finds that the proposed application is acceptable and necessary for the support of this clientele. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque agrees to sponsor the Affordable Housing Assistance Grant Program Application to the Iowa Finance Authority on behalf of Michelle Mihalakis/Salvia House. 6 Section 2. That the Mayor is hereby authorized and directed to execute this Resolution and application on behalf of the City of Dubuque and forward the executed copy to the Iowa Finance Authority. th Passed, approved and adopted this 7 day of December, 2009. Roy D. Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk Amendment to the Request for Proposals (RFP) – Financial Assistance Pool: City Manager recommending approval of an amendment to the Request for Proposals requirements to make additional properties eligible for the pool of funds to encourage developers and property owners to create new residential units in the Greater Downtown Urban Renewal District. Motion by Resnick to receive and file the documents and adopt Resolution No. 452-09 Approving an amendment to the Request for Proposals to encourage market-rate downtown rental and owner-occupied residential units in the Greater Downtown Urban Renewal District. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 452-09 APPROVING AN AMENDMENT TO THE REQUEST FOR PROPOSALS TO ENCOURAGE MARKET-RATE DOWNTOWN RENTAL AND OWNER-OCCUPIED RESIDENTIAL UNITS IN THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT Whereas, the City of Dubuque has been successful in encouraging job creation and retention in the community for several years; and Whereas, many of the City of Dubuque’s new residents have a strong desire to live near work and entertainment; and Whereas, a significant shortage of quality market-rate rental and owner-occupied residential units exists and efforts are needed to encourage new development of such units; and Whereas, several downtown residential development projects need financial assistance to secure funding for such project; and Whereas, the Request for Proposals approved by Resolution 444-09 requires certain changes to the minimum requirements of eligible projects. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council approves eliminating the requirement that ten (10) new housing units be created by the project. Section 2. The City Council approves that no more than 85% of the project units may have the 80% of median income or below restriction. Section 3. That the City Manager is hereby authorized and directed to distribute the revised Request for Proposal to interested parties. th Passed, approved and adopted this 7 day of December, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Iowa Finance Authority Dubuque Housing Study: City Manager transmitting a report from the Iowa Finance Authority (IFA) about Dubuque’s rental housing market. Upon motion the documents were received and filed. Vacuum Filter Building Back-Up Power Supply Project: City Manager recommending acceptance of the Vacuum Filter Building Back-Up Power Supply Project as completed by Morse Electric, Inc. in the final contract amount of $3,461.49. Upon motion the documents were received and filed and Resolution No. 453-09 Accepting the Vacuum Filter Building Back- 7 Up Power Supply Project and authorizing payment of the contract amount to the contractor was adopted. RESOLUTION NO. 453-09 ACCEPTING THE EAGLE POINT WATER PLANT VACUUM FILTER BUILDING BACK-UP POWER SUPPLY PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Eagle Point Water Plant Vacuum Filter Building Back-up Power Supply (the Project) has been completed and IIW Engineering of Dubuque, Iowa, the City’s consulting engineering firm, has examined the work and filed a letter stating that the Project has been completed according to the terms of the Public Improvement Contract and has recommended that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City’s consulting firm is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay the Contractor from the Water Department’s FY-2010 Capital Improvement Program Budget Fund Code 740-2020 appropriation for the contract amount of $3,461.49 less any retained percentage provided therein as provided in Iowa Code, Chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code Chapter 573. th Passed, approved and adopted this 7 day of December, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Eagle Point Water Plant West Clear Well Phase II Pipe Coating Project: City Manager recommending acceptance of the Eagle Point Water Plant West Clear Well Phase II Pipe Coating Project as completed by Superior Painting and Epoxy Coating, LLC in the final contract amount of $1,812.80. Upon motion the documents were received and filed and Resolution No. 454-09 Accepting the Eagle Point Water Plant West Clear Well Phase II Pipe Coating Project and authorizing payment of the contract amount to the contractor was adopted. RESOLUTION NO. 454-09 ACCEPTING THE EAGLE POINT WATER PLANT WEST CLEAR WELL PHASE II PIPE COATING PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Eagle Point Water Plant West Clear Well Phase II Pipe Coating Project (the Project) has been completed and Veenstra & Kimm of Moline, IL, the City’s consulting engineering firm, has examined the work and filed a letter stating that the Project has been completed according to the terms of the Public Improvement Contract and has recommended that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City’s consulting firm is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay the Contractor from the Water Department’s FY-2010 Capital Improvement Program Budget Fund Code 740-1828 appropriation for the contract amount of $1,812.80 less any retained percentage provided 8 therein as provided in Iowa Code, Chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code Chapter 573. th Passed, approved and adopted this 7 day of December, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Vision Iowa Grant for Art Market: City Manager recommending approval of the submittal of a $15,000 Vision Iowa grant application to cover the costs of promoting the Summer 2010 Art Market. Upon motion the documents were received, filed, and approved. Iowa Power Fund Community Grant Application: City Manager transmitting the Iowa Power Fund Community Grant Application submitted on behalf of the City of Dubuque, Dubuque Area 2 Chamber of Commerce and the Community Foundation of Greater Dubuque for the Dubuque Initiative. Upon motion the documents were received and filed. Letter of Support – YMCA: City Manager recommending approval of a letter of support on behalf of the Community Y’s application for ACHIEVE Healthy Communities Program funding. Upon motion the documents were received, filed and approved. LK Development & Storage, LLC: Communication from Attorney Brian Kane, representing LK Development & Storage, LLC, requesting that the building located at 3040 Elm Street be removed from the City’s historic conservation district. Motion Connors by to receive and file the documents and refer to the City Manager. Seconded by Voetberg. Van Milligen stated that any recommendations from staff regarding the property would have to come back to the City Council. Motion carried 7-0. Drug Awareness Resistance Education (DARE) Contract: City Manager recommending approval of the 2009 / 2010 DARE contract between the City of Dubuque, the Dubuque Community School District and the Holy Family Catholic Schools. Upon motion the documents were received, filed, and approved. I-JOBS Green Urban Stormwater Program: City Manager transmitting an application for $100,000 in funding for a green alley through the I-JOBS Green Urban Stormwater program. Upon motion the documents were received and filed. Signed Contracts: Water Pollution Control Plant Replacement Project – Eco Smart Building Additional Agreement. Upon motion the documents were received, filed, and approved. Liquor License Applications: City Manager recommending approval of annual liquor license renewals as submitted. Upon motion the documents were received and filed and Resolution No. 456-09 Granting the issuance of a Class “C” Beer License to Jannah Corporation (3270 Dodge Street), Jannah Corporation (4100 Dodge Street), Sam’s Club, Hy-Vee #2, and Kwik Stop Food Mart; and Resolution No. 457-09 Granting the issuance of a Class “B” (Hotel/Motel) Liquor License to Holiday Inn Dubuque Five Flags; Class “C” Beer/Liquor License to Instant Replay, Pepper Sprout, and Cue Masters Billiard; Class “B” Wine permit to Sam’s Club and Hy-Vee #2; and Class “WBN” Native Wine License to I Luv Food were adopted. RESOLUTION NO. 456-09 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and 9 Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Laws and all City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS “C” BEER LICENSE Jannah Corp. 3270 Dodge Street+(Sunday Sale) 3270 Dodge Street Jannah Corp. 4110 Dodge Street+(Sunday Sale) 4110 Dodge Street Sam’s West, Inc. Sam’s Club #4973+(Sunday Sale) 4400 Asbury Road Hy-Vee, Inc. Hy-Vee # 2+(Sunday Sale) 2395 NW Arterial Rainbo Oil Company Kwik Stop Food Mart+(Sunday Sale) 2320 Hwy 6l Passed, approved and adopted this 7th day of December, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 457-09 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Laws and all City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS “B”(HOTEL/MOTEL) LIQUOR LICENSE Kinseth Hotel Corporation Holiday Inn Dubuque 5-Flags 450 Main Street +(Sunday Sale) CLASS “C” BEER/LIQUOR LICENSE Pam Arensdorf Instant Replay+(Sunday Sale) 1602 Central Avenue Pepper Sprout, Inc. Pepper Sprout 378 Main Street CueMasters Billiards Cue Masters Billiard+(Sunday Sale) 900 Central Avenue CLASS “B” WINE Sam’s West, Inc. Sam’s Club # 4973 4400 Asbury Road Hy-Vee, Inc. Hy-Vee # 2 2395 NW Arterial CLASS “WBN” NATIVE WINE LICENSE TFM. Co. I Luv Food 535 Hill Street # B Passed, approved and adopted this 7th day of December, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Northern Lights Hockey, LLC:City Manager recommending that the City consent to the Assignment by Battlefield Dubuque, LLC of its interest in the Development Agreement between the City, Dubuque Ice and Recreation Center and the Dubuque Racing Association to Northern Lights Hockey, LLC. Upon motion the documents were received and filed and Resolution No. 458-09 Consenting to the assignment by Battlefield Dubuque, LLC of its interest in the Development Agreement between and among the City of Dubuque, Iowa (City), 10 Dubuque Ice and Recreation Center, Inc. (DICE), Dubuque Racing Association (DRA), and Battlefield Dubuque, LLC (Battlefield) was adopted. RESOLUTION NO. 458-09 CONSENTING TO THE ASSIGNMENT BY BATTLEFIELD DUBUQUE, LLC OF ITS INTEREST IN THE DEVELOPMENT AGREEMENT BETWEEN AND AMONG THE CITY OF DUBUQUE, IOWA (CITY), DUBUQUE ICE AND RECREATION CENTER, INC. (DICE), DUBUQUE RACING ASSOCATION (DRA), AND BATTLEFIELD DUBUQUE, LLC (BATTLEFIELD) Whereas, City, DICE, DRA, and Battlefield entered into a Development Agreement, dated th for reference purposes the 5 day of October, 2009, pursuant to which City has agreed to lease DICE certain real property located in the City of Dubuque, so that DICE may construct on the property an ice arena (the Arena) as described therein; and Whereas, DRA and Battlefield agreed to contribute to the funds required by DICE for the construction of the Arena and to enter into an agreement for the use of the Arena; and Whereas, Northern Lights Hockey, LLC is the owner and operator of the United States Hockey League team that will be using the Arena for hockey events; and Whereas, Battlefield has requested City consent to the attached Assignment of the Development Agreement and related Assignment Agreements to Northern Lights Hockey, LLC; and Whereas, the City Council has determined that it should consent to the Assignment and Assumption Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Assignment and Assumption Agreement is hereby approved. Section 2. The Mayor is hereby authorized and directed to sign the Consent to Assignment and Assumption Agreement attached thereto. th Passed, approved and adopted this 7 day of December, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk ITEMS TO BE SET FOR PUBLIC HEARING Motion by Connors to receive and file the documents, set the public hearing as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Voetberg. Motion carried 7-0. Individual Historic Designation – 44 Main Street: Historic Preservation Commission recommending that a public hearing be set for January 19, 2010 to consider approval of the Individual Historic Designation for 44 Main Street. Upon motion the documents were received and filed setting a public hearing for a meeting to commence at 6:30 p.m. on January 19, 2010 in the Historic Federal Building. BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions: Housing Code Appeals Board: Two 3-year terms through January 11, 2013 (Terms of Kinsella and Schaub). Applicants: William Kinsella, 2 Julien Dubuque Drive; Robert Schaub, 1745 Embassy West Drive. 11 Human Rights Commission: One 3-year term through January 1, 2011 (Term of Driskell), and three 3-year terms through January 1, 2013 (Terms of Eddy, Oswald and Winterwood). Applicants: Lori Apel, 3315 Spring Valley Road; Marquita Bolden, 2757 Ventura Drive, #2; Lynn Sutton, 876 Yale Court, #1; Pam Sharrad, 836 Air Hill Street; Robert Yunk, 815 Rose Street, #2; R.R.S. (Rachael) Stewart, 460 Summit Street. Ms. Stewart, Ms. Sutton, and Mr. Yunk spoke in support of their respective appointments. Mediacom Charitable Foundation: Two 1-year terms through December 31, 2010 (Terms of Chavenelle and Twining). Applicants: Gail Chavenlle, 1155 Kelly Lane; and Connie Twining, 421 North Booth Street. Appointments to the following Boards/Commissions: Mississippi River Partnership Council: One 3-year term through December 31, 2012. Applicants: Anthony Allen, 575 Almond Street; nd Edward Cawley, 598 Needham Street; Kenneth Oglesby, 990 W. 32 Street; Walt Webster, 3509 Asbury Road. Upon roll-call vote, Edward Cawley was appointed to the Mississippi River Partnership Council for a 3-year term through December 32, 2012. Plumbing Board: One 3-year term through November 2, 2012 (At-large term of Harris). Applicant: Daniel Harris, 998 Indian Ridge. Motion by Braig to re-appoint Daniel Harris to the Plumbing Board for a 3-year term through November 2, 2012. Seconded by Connors. Motion carried 7-0. Transit Board of Trustees: One 3-year term through July 30, 2011 (Term of Curtis). Applicant: Thomas Croissant Jr., 444 Angella Street #8. Motion by Connors to appoint Thomas Croissant, Jr., to the Transit Board of Trustees for a 3-year term through July 30, 2011. Seconded by Jones. Motion carried 7-0. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City Council. Dubuque Industrial Center – Planned Unit Development District (Tabled on July 6, 2009): City Manager requesting that this item be tabled to June 7, 2010. Proof of publication on notice of hearing to consider a request from the City of Dubuque/ Dubuque Initiatives to amend the Planned Unit Development (PUD) for the Dubuque Industrial Center, located on Chavenelle Road and the Northwest Arterial, to change the designation of property from open space to commercial and Zoning Advisory Commission recommending approval, with conditions. Motion by Connors to remove from the table and retable until June 7, 2010, a proposed ordinance amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by adopting a revised Planned Unit Development Ordinance for the Dubuque Industrial Center Phases I and II located at the southwest corner of Highway 32 (Northwest Arterial) and Chavenelle Road and by repealing Ordinance 22-07. Seconded by Voetberg. Motion carried 7-0. General Obligation Urban Renewal Bonds: Proof of publication on notice of public hearing to consider approval of the issuance of not to exceed $6,000,000 General Obligation Urban Renewal Bonds for costs associated with the construction of street, stormwater, sanitary sewer, water, fiber optic, parking and other public improvements in the Historic Millwork District and the funding of grants, loans and other financial assistance to private developers to assist in rehabilitation of existing buildings and construction of housing development projects in the Millwork District and City Manager recommending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 459-09 Instituting proceedings to take additional 12 action for the issuance of not to exceed $6,000,000 General Obligation Urban Renewal Bonds. Seconded by Voetberg. Motion carried 7-0. RESOLUTION NO. 459-09 INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $6,000,000 GENERAL OBLIGATION URBAN RENEWAL BONDS WHEREAS, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $6,000,000 General Obligation Urban Renewal Bonds, for the purpose of paying costs of aiding in the planning, undertaking and carrying out of urban renewal project activities under the authority of Chapter 403 of the Code of Iowa and the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal Area, including those costs associated with the construction of street, stormwater, sanitary sewer, water, fiber optic, parking and other public improvements in the Historic Millwork District, and the funding of grants, loans and other financial assistance to private developers to assist in rehabilitation of existing buildings and construction of housing development projects in the Millwork District, and no petition was filed calling for a referendum thereon. The following action is now considered to be in the best interests of the City and residents thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council does hereby institute proceedings and take additional action for the sale and issuance in the manner required by law of not to exceed $6,000,000 General Obligation Urban Renewal Bonds, for the foregoing purposes. Section 2. This Resolution shall serve as a declaration of official intent under Treasury Regulation 1.150-2 and shall be maintained on file as a public record of such intent. It is reasonably expected that the general fund moneys may be advanced from time to time for capital expenditures which are to be paid from the proceeds of the above Bonds. The amounts so advanced shall be reimbursed from the proceeds of the Bonds not later than eighteen months after the initial payment of the capital expenditures or eighteen months after the property is placed in service. Such advancements shall not exceed the amount authorized in this Resolution unless the same are for preliminary expenditures or unless another declaration of intention is adopted. th Passed and approved this 7 day of November, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk North Fork Catfish Creek Stormwater and Sanitary Sewer Reconstruction Project – Phase III: Proof of publication on notice of public hearing to consider the plans and specifications, form of contract and estimated cost for the North Fork Catfish Creek Stormwater and Sanitary Sewer Reconstruction Project – Phase III and City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 460-09 Approving plans, specifications, form of contract, and estimated cost for the North Fork Catfish Creek Stormwater and Sanitary Sewer Reconstruction Project – Phase III. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 460-09 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE NORTH FORK CATFISH CREEK STORMWATER AND SANITARY SEWER IMPROVEMENTS PROJECT – PHASE III 13 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the North Fork Catfish Creek Stormwater and Sanitary Sewer Improvements Project – Phase III, in the estimated amount $2,082,428.43, are hereby approved. th Passed, adopted and approved this 7 day of December, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Water Meter Change Out Project Vendor Selection: City Manager recommending approval to award the contract for the Water Meter Change Out Project to Northern Water Works Supply in the estimated amount of $5,493,293, subject to all contract, insurance and bonding issues being resolved with the City and approved by the Iowa Department of Natural Resources and the Iowa Finance Authority. Motion by Connors to receive and file the documents and adopt Resolution No. 461-09 Awarding a contract to Northern Water Works Supply for the Water Meter Change Out Project for the City of Dubuque, Iowa. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 461-09 AWARDING A CONTRACT TO NORTHERN WATER WORKS SUPPLY FOR THE WATER METER CHANGE OUT PROJECT FOR THE CITY OF DUBUQUE, IOWA th Whereas, sealed proposals were received on the 6 of November, 2009 for the Water Meter Change Out Project (the Project); and Whereas, the City Council has determined that it is in the best interests of the City of Dubuque to award the contract for the Project to Northern Water Works Supply, with a bid amount of $5,493,293, contingent upon all contract, insurance, and bonding issues being resolved and contracts are signed by December 10, 2009 and that the said documents be approved by the Iowa Department of Natural Resources and the Iowa Finance Authority by February 17, 2010, as required by the American Recovery and Reinvestment Act (ARRA). NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That a Contract for the Project is hereby awarded to Northern Water Works Supply, contingent upon all contract, insurance schedules, and bonding issues being resolved and contracts be signed by December 10, 2009 and submitted for approval by the Iowa Department of Natural Resources and the Iowa Finance Authority by February 17, 2010, as required by the American Recovery and Reinvestment Act (ARRA). Section 2. The City Manager is hereby directed to execute a Contract on behalf of the City of Dubuque for the Project which Contract shall include a provision that the Contractor acknowledges and agrees that the Contract is contingent upon review and approval from the Iowa Department of Natural Resources and the Iowa Finance Authority by February 17, 2010, and that in the event that such approval is not received, then the Contract shall be null and void. th Passed, approved and adopted this 7 day of December, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk, 14 Report on Rental Housing and Arrest Activity in the City of Dubuque: City Manager transmitting results of the Report on Rental Housing and Arrest Activity in the City of Dubuque and recommending pursuit of additional information. Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Jones. President and CEO Bob Woodward and Research Coordinator Len Decker of Alta Vista Research, 1450 Alta Vista Street, provided a slide presentation outlining the goals, objectives, process, and data findings of the study. City Council discussion included expressing disappointment in how the process was started, exercising caution so as not to blame all Section 8 recipients; requesting updates from the Safe Community Task Force, concern over the voucher program and its effects on the elderly and disabled recipients, study the relationship to crime in all programs and not just Section 8, and information and collection of data from a wider time frame and length of time required to compete the study. Motion carried 7-0. Section 8 Administrative Plan: City Manager informing the City Council of amendments to the Section 8 Administrative Plan. Motion by Jones to receive and file the documents. Seconded by Resnick. Motion carried 7-0. Direct Financial Assistance Application – Creative Frontier, Inc.: City Manager recommending approval of a Direct Financial Assistance application to the Iowa Department of Economic Development on behalf of Creative Frontier, Inc. to assist with relocating its operations to Dubuque. Motion by Connors to receive and file the documents and adopt Resolution No. 462-09 Authorizing the filing of an IDED Direct Financial Assistance Application on behalf of Creative Frontier, Inc. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 462-09 AUTHORIZING THE FILING OF AN IDED DIRECT FINANCIAL ASSISTANCE APPLICATION ON BEHALF OF THE CREATIVE FRONTIER, INC. Whereas, The Creative Frontier, Inc. has proposed the relocation of its operations 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 through the creation of 21 new jobs for area residents; and Whereas, the Iowa Department of Economic Development's (IDED) Direct Financial Assistance Program was designed to assist in the economic development efforts of local jurisdictions; and Whereas, the City of Dubuque, Iowa is eligible to apply for funding from the Direct Financial Assistance program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the filing of an application for participation in the Direct Financial Assistance program on behalf of The Creative Frontier, Inc. is hereby approved. Section 2. That the local match of identified in the application consisting of transferring ownership of usable right-of-way along Kerper Boulevard to the company is hereby approved, subject to IDED application approval. Section 3. That the Mayor is hereby authorized to execute and the City Manager is hereby directed to submit said application to the Iowa Department of Economic Development together with such documents as may be required. th Passed, approved, and adopted this 7 day of December, 2009. Roy D. Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk 15 Holiday Decorations in Washington Park: Communication from Tammy Welbes, Dubuque Junior Chamber, requesting that the City assist the Dubuque Junior Chamber with $600.00 for Christmas decorations in Washington Park. City Manager recommending approval of a request from the Dubuque Junior Chamber for $600.00 to replace the holiday decorations in Washington Park. Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Braig. Motion carried 6-1 with Resnick voting nay. KeyLine Bus Advertisement Improvements: City Manager recommending approval to pursue bus wrap advertisements on KeyLine buses. Motion by Braig to receive and file the documents and approve the recommendation. Seconded by Connors. Resnick read opposing comments into the record. Motion carried 5-2 with Resnick and Braig voting nay. Parking Ramp Construction Location: City Manager recommending switching the priority order of the two previously approved downtown ramps and first build the ramp behind Fire Headquarters as project funding is available to build a 7-story ramp with 475 spaces, which is a net gain of 352 vehicles. Motion by Jones to receive and file the documents and approve the recommendation. Seconded by Lynch. Motion carried 6-1 with Resnick voting nay. Tax Increment Financing (TIF) Ordinance for the Greater Downtown Urban Renewal District: City Manager recommending adoption of an ordinance amending the tax increment financing district for the Greater Downtown Urban Renewal District. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Braig. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 58-09 Amending Ordinance Nos. 60-08, 63-07, 20-07, 35-04, 30-82 and 66-89, as previously amended, providing that general property taxes levied and collected each year on all property located within the Greater Downtown Urban Renewal District of the City of Dubuque, County of Dubuque, State of Iowa, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with the Urban Renewal Plan for the Greater Downtown Urban Renewal District. Seconded by Braig. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 58-09 AMENDING ORDINANCE NOS. 60-08, 63-07, 20-07, 35-04, 30-82 AND 66-89, AS PREVIOUSLY AMENDED, PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT OF THE CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF DUBUQUE, COUNTY OF DUBUQUE, DUBUQUE COMMUNITY SCHOOL DISTRICT, AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS, MONIES ADVANCED TO AND INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNECTION WITH THE URBAN RENEWAL PLAN FOR THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT 16 WHEREAS, the City Council of the City of Dubuque, Iowa (the "City") has heretofore, in Ordinance No. 30-82, provided for the division of taxes within the original Downtown Dubuque Urban Renewal Project, Iowa R-15, described in Resolution No. 123-67 adopted on May 18, 1967, pursuant to Section 403.19 of the Code of Iowa; and WHEREAS, the original Downtown Dubuque Urban Renewal Project, Iowa R-15, subsequently was amended by Resolution No. 79-71 approved on March 15, 1971, by Resolution No. 73-74 approved on March 11, 1974, by Resolution No. 107-82 approved on May 3, 1982, by Resolution No. 191-84 approved on June 25, 1984, by Resolution No. 371-93 approved on December 6, 1993, by Resolution No. 145-94 approved on May 2, 1994, by Resolution No. 479-97 approved on November 17, 1997, by Resolution No. 476-98 approved on October 19, 1998 and by Resolution No. 187-02 approved on April 1, 2002, which amendments, among other things, added areas referred to as the Old Main Subarea, Town Clock Expansion Subarea and Upper Main Subarea to the area of the Downtown Dubuque Urban Renewal District; and WHEREAS, consistent with the foregoing amendments, Ordinance No. 30-82 subsequently was amended by Ordinance Nos. 23-94, 36-94, 67-97, and 26-02 to provide for the division of taxes within the several subareas of the amended Downtown Dubuque Urban Renewal District; and WHEREAS, the City Council of the City has heretofore, in Ordinance No. 66-89, provided for the division of taxes within the original Ice Harbor Urban Renewal District, described in Resolution No. 403-89 adopted on December 18, 1989, pursuant to Section 403.19 of the Code of Iowa; and WHEREAS, the original Ice Harbor Urban Renewal District subsequently was amended by Resolution No. 241-00 approved on June 5, 2000 and by Resolution 114-02 approved on March 4, 2002, which amendments, among other things, added an additional area referred to as Subarea B to the area of the Ice Harbor Urban Renewal District; and WHEREAS, consistent with the foregoing amendment, Ordinance No. 66-89 subsequently was amended by Ordinance No. 97-00 to provide for the division of taxes within the two subareas of the amended Ice Harbor Urban Renewal District; and WHEREAS, the original Downtown Dubuque Urban Renewal District and the original Ice Harbor Urban Renewal District and their respective Subareas were combined into a single urban renewal area, under the terms of an Urban Renewal Plan for the Greater Downtown Urban Renewal District, pursuant to Resolution No. 170-04 adopted on April 19, 2004; and WHEREAS, consistent with foregoing amendment, Ordinance Nos. 30-82 and 66-89 were amended by Ordinance No. 35-04 to provide for the division of taxes within the various sub- areas of the Greater Downtown Urban Renewal District; and WHEREAS, the Urban Renewal Plan for the Greater Downtown Urban Renewal District was amended and restated as an Amended and Restated Urban Renewal Plan, pursuant to Resolution No. 108-07 approved on February 20th, 2007, to provide for, among other things, the further expansion of the Greater Downtown Urban Renewal District to include additional areas described as the Ice Harbor Subarea C; and WHEREAS, consistent with the foregoing amendment, Ordinance No.35-04 was amended by Ordinance No. 20-07 to provide for the division of taxes within Ice Harbor Subarea C of the Greater Downtown Urban Renewal District; and WHEREAS, the Urban Renewal Plan for the Greater Downtown Urban Renewal District was further amended and restated as an Amended and Restated Urban Renewal Plan, pursuant to Resolution No. 597-07 approved on December 17, 2007, for the purpose of expanding the Greater Downtown Urban Renewal District to include additional areas described as the Warehouse Subarea and the South Main Subarea, and 17 WHEREAS, consistent with the foregoing amendment, Ordinance No. 20-07 was amended by Ordinance No. 63-07 to provide for the division of taxes within the Warehouse Subarea and the South Main Subarea of the Greater Downtown Urban Renewal District; and WHEREAS, the Urban Renewal Plan for the Greater Downtown Urban Renewal District was further amended and restated as an Amended and Restated Urban Renewal Plan, pursuant to Resolution No. 300-08 approved on September 2, 2008, for the purpose of expanding the Greater Downtown Urban Renewal District to include additional areas described as the South Port Subarea; and WHEREAS, consistent with the foregoing amendment, Ordinance No. 63-07 was amended by Ordinance No. 60-08 to provide for the division of taxes within the South Port Subarea of the Greater Downtown Urban Renewal District; and WHEREAS, the Urban Renewal Plan for the Greater Downtown Urban Renewal District was further amended and restated as an Amended and Restated Urban Renewal Plan, pursuant to Resolution No. 393-09 approved on October 5, 2009, for the purpose of expanding the Greater Downtown Urban Renewal District to include additional areas described as the Cable Car Subarea, and WHEREAS, indebtedness has been incurred by the City, and additional indebtedness is anticipated to be incurred in the future, to finance urban renewal project activities within the combined area known as the Greater Downtown Urban Renewal District (the “Greater Downtown Urban Renewal District”), and the continuing needs of redevelopment within the Greater Downtown Urban Renewal District are such as to require the continued application of the incremental tax resources of the Greater Downtown Urban Renewal District; and WHEREAS, the following enactment is necessary to accomplish the objectives described in the premises. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, THAT: Ordinance No. 60-08 (Ordinance 63-07, amending Ordinance No. 20-07, amending Ordinance No. 35-04, amending Ordinance No. 30-82, as amended by Ordinance Nos. 23-94, 36-94, 67-97, and 26-02, and Ordinance No. 66-89, as amended by Ordinance No. 97-00) is hereby amended to read as follows: Section 1: For purposes of this Ordinance, the following terms shall have the following meanings: (a) Original Town Clock Subarea shall mean that portion of the Amended Project Area initially described in the Urban Renewal Plan for the Downtown Dubuque Urban Renewal Project, Iowa R-15, approved by Resolution No. 123-67 on May 18, 1967, as amended by the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District approved by Resolution No. 108-07 on February 20th, 2007, which Original Town Clock Subarea includes the lots and parcels located within the area now legally described as follows: Beginning at the intersection of the north right-of-way line of Ninth Street with the east right-of-way line of Central Avenue; thence south along the east right-of-way line of Central Avenue to its intersection with the south right-of-way line of Fourth Street; thence west along the south right-of-way line of Fourth Street to its intersection with the west right-of-way line of Locust Street; thence north along the west right-of-way line of Locust Street to its intersection with the north right-of-way line of Ninth Street, but also including the adjacent City Lots 623 and 624 (Dubuque Museum of Art), the Locust Street Parking Ramp between 8th and 9th Streets and the former U.S. Federal Building located on City Lots 101, 102, 139, 140, and the N 54.5’ of City Lots 103 & 138, and the vacated alley between said lots; thence east along the north right-of-way line of Ninth Street to its intersection with the east right-of-way line of Central Avenue, but also 18 including the adjacent Iowa Inn property and the public parking lot known as Parking Lot Number 1 located between 9th and 10th Streets east of Iowa Street, to the point of beginning. (b) Old Main Subarea shall mean that portion of the Amended Project Area initially described in the Amended and Restated Urban Renewal Plan for the Downtown Dubuque Urban Renewal District approved by Resolution No. 145-94 on May 2, 1994, which Old Main Subarea includes the lots and parcels located within the area legally described as follows: Beginning at the intersection of the south right-of-way line of Fourth Street with the east right-of-way line of Central Avenue; thence west along the south right-of-way line of Fourth Street to the west right-of-way line of Locust Street; thence south along the west right-of-way line of Locust Street to the north right-of-way line of the Locust Street Connector; thence east along the north right-of-way line of the Locust Street Connector to the west right-of-way line of Highways 151/61; thence north along the west right-of- line of Highways 151/61 to the point of beginning. (c) Town Clock Expansion Subarea shall mean that portion of the Amended Project Area initially described in the Amended and Restated Urban Renewal Plan for the Downtown Dubuque Urban Renewal District approved by Resolution No. 479-97 on November 17, 1997, which Town Clock Expansion Subarea includes the lots and parcels located within the area legally described as follows: South 1/2 of City Lot 167, City Lot 168 and City Lot 168A; Lots 1 & 2 of City Lots 204, 205, 206, 207 and 208, N. 23' of City Lot 263, S. 28.5' of City Lot 263, N. 1/2 of City Lot 262, S. 1/2 of City Lot 262, N. 1/2 of City Lot 261, all in Section 24, Township 89 North, Range 2 East, 5th P.M., Dubuque County, Iowa and any adjoining public right-of-way. (d) Upper Main Subarea shall mean that portion of the Amended Project Area initially described in the Amended and Restated Urban Renewal Plan for the Downtown Dubuque Urban Renewal District approved by Resolution No. 187-02 on April 1, 2002, as amended by the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District approved by Resolution No. 108-07 on February 20th, 2007, which Upper Main Subarea includes the lots and parcels located within the area legally described as follows: On the North by Fourteenth Street, on the West by Locust Street but also including adjacent City Lots 660, 659, 658A and 658 except the south 1’ of City Lot 658 (Carnegie-Stout Public Library), on the South by the Town Clock Expansion Subarea and on the East by Central Avenue, including all public rights-of-way. (e) Ice Harbor Subarea A shall mean that portion of the Amended Project Area initially described in the Urban Renewal Plan for the Ice Harbor Urban Renewal District approved by Resolution No. 403-89 on December 18, 1989, which Ice Harbor Subarea A includes the lots and parcels located within the area legally described as follows: that area generally bounded on the north by the public alley located between the vacated Fourth Street and Third Street, on the west by the Chicago, Central and Pacific Railroad right-of-way, on the south by East First Street and on the east by the municipal limits of the City of Dubuque, Iowa and including any adjoining public right-of-way. (f) Ice Harbor Subarea B shall mean that portion of the Amended Project Area initially described in the Amended and Restated Urban Renewal Plan for the Ice Harbor Urban Renewal District approved by Resolution No. 241-00 on June 5, 2000, which Ice Harbor Subarea B includes the lots and parcels located within the area legally described as follows: that area generally bounded on the north and west by the Chicago, Central and Pacific Railroad right-of-way, on the south by the northerly boundary of the Ice Harbor Subarea A and on the east by the municipal limits of the City of Dubuque, Iowa (excluding Lot 1 Adams Co.'s 2nd Addition) and including any adjoining public right-of-way. 19 (g) Ice Harbor Subarea C shall mean a portion of the Amended Project Area added by the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District approved by Resolution No. 108-07 on February 20th, 2007, consisting of Lot 1 Adams Co.’s 2nd Addition and any adjoining public right-of-way. (h) Warehouse Subarea shall mean a portion of the Amended Project Area added by the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District approved by Resolution No. 597-07 on December 17, 2007, which Warehouse Subarea includes the lots and parcels located within the area legally described as follows: Commencing as a point of reference at the intersection of the centerlines of 11th Street and Central Avenue in the City of Dubuque, Dubuque County, Iowa, said point being the point of beginning; thence northeasterly along the centerline of 11th Street to a point of intersection with the centerline of White Street; thence northwesterly along the centerline of White Street to a point of intersection with the centerline of 12th Street; thence northeasterly along the centerline of 12th Street and extension thereof to a point of intersection with the centerline of US Highways 151 and 61; thence southwesterly along the centerline of US Highways 151 and 61 to a point of intersection with the centerline of 4th Street extended; thence southwesterly along the centerline of 4th Street and extension thereof to a point of intersection with the centerline of Central Avenue; thence northwesterly along the centerline of Central Avenue to a point of intersection with the centerline of 9th Street; thence southwesterly along the centerline of 9th Street to a point of intersection with the westerly line of City Lot 259 extended southerly; thence northwesterly along the westerly line of City Lot 259, and Lots 1 and 2 of the Subdivision of the South ½ of City Lot 261 and City Lot 260 to the southwest corner of the N ½ of City Lot 261; thence northeasterly along the southerly line of the N ½ of City Lot 261 and extension thereof to a point of intersection with the centerline of Central Avenue; thence northwesterly along the centerline of Central Avenue to a point of intersection of 11th Street also being point of beginning; and including any adjoining public right-of-way. (i) South Main Subarea shall mean a portion of the Amended Project Area added by the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District approved by Resolution No. 597-07 on December 17, 2007, which South Main Subarea includes the lots and parcels located within the area legally described as follows: Commencing as a point of reference at a point of intersection of the centerline of Locust Street with the Locust Street Connector in the City of Dubuque, Dubuque County, Iowa, said point being the point of beginning; thence northeasterly along the centerline of the Locust Street Connector to a point of intersection with the centerline of US Highways 52, 61, and 151; thence southeasterly along the centerline of US Highways 52, 61, and 151 to a point of intersection with the centerline of the eastern section of Jones Street extended southwesterly; thence southwesterly along said extension of the centerline of the eastern section of Jones Street to a point of intersection with the centerline of Main Street; thence northwesterly along the centerline of Main Street to a point of intersection with the centerline of Jones Street; thence northwesterly along the centerline of Jones Street to a point of intersection with the easterly line of Lot 2D of vacated Shields Street extended northerly; thence southeasterly along the easterly line of Lot 2D of vacated Shields Street to the southeasterly corner of said Lot 2D; thence southwesterly along the southerly lines of Lot A and Lot 2D of vacated Shields Street and Lot 1 of 2 of City Lot 543 extended westerly to a point of intersection with the centerline of Locust Street; thence northeasterly along the centerline of Locust Street to a point of intersection with the centerline of the Second Street Connector, also being the point of beginning; and including any adjoining public right-of-way. 20 (j) South Port Subarea shall mean a portion of the Amended Project Area added by the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District approved by Resolution No. 300-08 on September 2, 2008, which South Port Subarea includes the lots and parcels located within the area legally described as follows: Beginning at a point of reference at the northwest corner of lot 2AA of Cooper Wagon Works Block in the City of Dubuque, Dubuque County Iowa, said pint being on the southerly right of way line of East First Street; Thence southeasterly along the southerly right of line of East First Street and extension thereof to the municipal limits of the City of Dubuque; Thence southerly along said municipal limits to a point of intersection with the southern right of way line of Railroad Ave. extended easterly; Thence southwesterly along said right of way line extension there to the southeast corner of lot A, Block 15 Dubuque Harbor Company’s Addition; Thence northwesterly along the easterly line of said Lot A to the northerly right of way line of Railroad Ave., and south line of lot 1 of 5 of Block 27 Dubuque Harbor Company’s Addition; Thence northwesterly along the westerly lines of lots 1 of 5, 1 of 4, 1 of 3, 1 of 2 and 1 of 1 of said Block 27 to the south line of lot 4A of said Block 17; Thence westerly to the easterly right of way line of vacated Water Street; Thence northwesterly along said easterly line to the southwesterly corner of lot 2 of said Block 17; Thence westerly along the extension of the southerly line of said Lot 2 to the westerly line of Vacated Water Street; Thence southeasterly along said westerly right of way line to the southerly corner of lot 2 of Block 18 of Dubuque Harbor Company’s Addition; Thence northwesterly along the westerly line of said lot 2 to a point of intersection with the southerly right of way line of vacated Charter St; Thence southwesterly along said right of way line and extension thereof the centerline of South Main Street; Thence northwesterly along said centerline to the northerly line of lot 5, Block 13 Dubuque Harbor Company’s Addition extended northeasterly; Thence southwesterly along said line to the easterly line of lots 7 and 8 of said Block 13; Thence southeasterly along the easterly lines of said lots 7 & 8 and extension thereof to the centerline of Charter Street; Thence southwesterly along said centerline to the centerline of Salina Street; Thence northwesterly along said centerline to the northerly line of lot 1 of 3 of Block C of Industrial Sub. No. 1 extended northeasterly; Thence southwesterly along the northerly lines of said lot 1 of 3 and Lot 2 of said Block C extended to the westerly right of way line of Harrison St.; Thence northerly along the easterly line of the West Part of Lot 1 of 1 of 1 of 1 of P.J. Seippel Lumber Company Place; Thence westerly along the southerly lines of lots 1 of 1 of 2 of 1 and Lot 2 of 1 of 2 of 1 and extension thereof to the centerline of relocated South Locust St; Thence northerly along said centerline to the centerline of Dodge St; Thence easterly along said centerline of Dodge Street to a point of intersection with the westerly line of Lot E of vacated Shields Street extended southerly; Thence northerly along said westerly line to the northwest corner of said lot E; Thence easterly along the north line of said lot E and Lot 6 Block 11 of Dubuque Harbor Company’s Addition and extension thereof to the centerline of Main Street; Thence southeasterly along the centerline of Main St. to the centerline of Dodge Street; Thence easterly along the centerline of Dodge St to the intersection of Highway 61/151; Thence northwesterly along said centerline to a point of intersection with the southerly right of way line of East First Street; Thence southeasterly along said right of way line to the point of beginning. (k) Cable Car Subarea shall mean a portion of the Amended Project Area added by the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District approved by Resolution No. 393-09 on October 5, 2009, which Cable Car Subarea includes the lots and parcels located within the area legally described as follows: 21 Commencing as a point of reference at the intersection of the centerlines of Second Street and Locust Street in the City of Dubuque, Dubuque County, Iowa, said point being the point of beginning; Thence southeasterly along the centerline of Locust Street to a point of intersection with the centerline of First Street; Thence southwesterly along the centerline of First Street to a point of intersection with the centerline of Bluff Street; Thence northwesterly along the centerline of Bluff Street to a point of intersection with the centerline of Emmett Street; Thence southwesterly along the centerline of Emmett Street to a point of intersection with the centerline of St. Mary’s Street; Thence northwesterly along the centerline of St. Mary’s Street and to a point of intersection with the northerly line of Cathedral Center extended southwesterly; Thence northeasterly along the northerly line of Cathedral Center to a point of intersection with the westerly right of way line of Bluff Street; Thence northwesterly along said westerly right of way line of Bluff Street and extension thereof to a point of intersection with the centerline of Third Street; Thence southwesterly along the centerline of Third Street to a point of intersection with the westerly line of Lot 1 of the East 78 ft. of the South 100 ft. of Lot 4 of City Lot 692 extended southerly; Thence northwesterly along said westerly line to a point of intersection with the southerly line of Fenelon Point Subdivision; Thence northeasterly along said southerly line to a point of intersection with the westerly line of Lot 2 of 2 of City Lot 692;Thence northwesterly along said westerly line and westerly line of Lot 1 of 2 of City Lot 692 to a point of intersection with the southerly right of way line of W. Fourth Street; Thence northeasterly across W. Fourth Street to the southwest corner of Lot 1 of Evan’s Place, said point also being on the northerly right of way line of W. Fourth Street; Thence northwesterly along the west line of said Lot 1 to the southeast corner of Lot 34 of Cooper Heights Addition; Thence continuing northwesterly along the easterly line of Lots 34, 35, 36 and 37 of Cooper Heights Addition to a point of intersection with the southerly right of way line of W. Fifth Street; Thence northeasterly to a point of intersection in the centerline of W. Fifth Street approximately 270 feet southwesterly of the centerline of Bluff Street; Thence northwesterly along the centerline of W. Fifth Street to a point of intersection with the southerly line of Coriell’s Dubuque also being the northerly right of way line of W. Fifth Street; Thence northeasterly along said right of way line of W. Fifth St. to the southwest corner of Lot 1 of City Lot 690;Thence northwesterly along the westerly line of said Lot 1 to the northwest corner of said Lot 1;Thence northeasterly along the northerly line of said Lot 1 to the northeast corner of said Lot 1;Thence southeasterly along the easterly line of said Lot 1 to a point of intersection with the northerly line of the south 62.5 ft. of the north 64 ft. of City lot 617;Thence northeasterly along said northerly line and extension thereof to a point of intersection with the centerline of Bluff Street; Thence southeasterly along the centerline of Bluff Street to a point of intersection with the northerly line of the south 10 ft. of City Lot 138 extended southwesterly; Thence northeasterly along said northerly line and northerly line of the south 10 ft. of the south 34.6 ft. of City Lot 103 and extension thereof to a point of intersection with the centerline of Locust Street; Thence southeasterly along the centerline of Locust Street to a point of intersection with the centerline of Second Street, said point being the point of beginning. (l) Amended Project Area shall mean the areas of the City of Dubuque, Iowa included within the Original Town Clock Subarea, the Old Main Subarea, the Town Clock Expansion Subarea, the Ice Harbor Subarea A, the Ice Harbor Subarea B, the Ice Harbor Subarea C, the Warehouse Subarea, the South Main Subarea, the South Port Subarea, and the Cable Car Subarea, each as described in this Section. 22 (m) Urban Renewal Plan shall mean the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District, approved by Resolution No. 393-09 on October 5, 2009, as the same may be amended from time to time. Section 2: The taxes levied on the taxable property in the Amended Project Area, legally described in Section 1 hereof, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and all other taxing districts from and after the effective date of this Ordinance shall be divided as hereinafter in this Ordinance provided. Section 3: As to the Original Town Clock Subarea, that portion of the taxes which would be produced by the rate at which the tax is levied each year by or for each of the taxing districts taxing property in the Original Town Clock Subarea upon the total sum of the assessed value of the taxable property in the Original Town Clock Subarea as shown on the assessment roll as of January 1, 1966, being the assessment roll last equalized prior to the date of the initial adoption of the Urban Renewal Plan for the Downtown Dubuque Urban Renewal Project, Iowa R-15, shall be allocated to and when collected be paid into the fund for the respective taxing district as taxes by or for said taxing district into which all other property taxes are paid. The taxes so determined shall be referred herein as the "base period taxes" for such subarea. As to the Old Main Subarea, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 1993, being the assessment roll as of January 1 of the calendar year preceding the effective date of Ordinance No. 23-94. As to the Town Clock Expansion Subarea, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 1996, being the assessment roll as of January 1 of the calendar year preceding the effective date of Ordinance No. 67-97. As to the Upper Main Subarea, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2001, being the assessment roll as of January 1 of the calendar year preceding the effective date of Ordinance No. 26-02. As to the Ice Harbor Subarea A, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 1988, being the assessment roll as of January 1 of the calendar year preceding the effective date of Ordinance No. 66-89. As to the Ice Harbor Subarea B, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 1999, being the assessment roll as of January 1 of the calendar year preceding the effective date of Ordinance No. 97-00. As to the Ice Harbor Subarea C, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2006, being the assessment roll as of January 1 of the calendar year preceding the effective date of Ordinance No. 20-07. As to the Warehouse Subarea, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2006, being the first day of the calendar year preceding the effective date of Ordinance No. 63-07. As to the South Main Subarea, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2006, being the first day of the calendar year preceding the effective date of Ordinance No. 63-07. As to the South Port Subarea, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2007, being the first day of the calendar year preceding the effective date of Ordinance No. 60-08. 23 As to the Cable Car Subarea, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2008, being the first day of the calendar year preceding the effective date of this Ordinance. Section 4: That portion of the taxes each year in excess of the base period taxes for the Amended Project Area, determined for each subarea thereof as provided in Section 3 of this Ordinance, shall be allocated to and when collected be paid into the special tax increment fund previously established by the City of Dubuque to pay the principal of and interest on loans, monies advanced to, or indebtedness, whether funded, refunded, assumed or otherwise, including bonds issued under authority of Section 403.9 or Section 403.12 of the Code of Iowa, incurred by the City of Dubuque, Iowa to finance or refinance, in whole or in part, urban renewal projects undertaken within the Amended Project Area pursuant to the Urban Renewal Plan, except that taxes for the regular and voter-approved physical plant and equipment levy of a school district imposed pursuant to Section 298.2 of the Code of Iowa (but only to the extent required under Section 403.19(2)) and taxes for the payment of bonds and interest of each taxing district shall be collected against all taxable property within the Amended Project Area without any limitation as hereinabove provided. Section 5: Unless or until the total assessed valuation of the taxable property in the subareas of the Amended Project Area exceeds the total assessed value of the taxable property in said subareas shown by the assessment rolls referred to in Section 3 of this Ordinance, all of the taxes levied and collected upon the taxable property in the Amended Project Area shall be paid into the funds for the respective taxing districts as taxes by or for the taxing districts in the same manner as all other property taxes. Section 6: At such time as the loans, monies advanced, bonds and interest thereon and indebtedness of the City of Dubuque referred to in Section 4 hereof have been paid, all monies thereafter received from taxes upon the taxable property in the Amended Project Area shall be paid into the funds for the respective taxing districts in the same manner as taxes on all other property. Section 7: All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. The provisions of this Ordinance are intended and shall be construed so as to continue the division of taxes from property within the Amended Project Area under the provisions of Section 403.19 of the Code of Iowa, as authorized in Ordinance Nos. 60-08, 63-07, 20-07, 35-04, 30-82 and 66-89, as amended by Ordinance Nos. 23-94, 36- 94, 67-97, 26-02 and 97-00, and to fully implement the division of taxes in the Cable Car Subarea. In the event that any provision of this Ordinance shall be determined to be contrary to law it shall not affect other provisions or application of this Ordinance which shall at all times be construed to fully invoke the provisions of Section 403.19 of the Code of Iowa with reference to the Amended Project Area and the territory contained therein. Section 8: This Ordinance shall be in effect after its final passage, approval and publication as provided by law. th Passed and approved this 7 day of December, 2009. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk Read first time: December 7, 2009 Read second time: December 7, 2009 Read third time: December 7, 2009 Passed and approved: December 7, 2009 Published: December 11, 2009 th Published officially in the Telegraph Herald Newspaper the 11 day of December, 2009. /s/Jeanne F. Schneider, CMC, City Clerk 24 Response to Possible Termination of the Municipal Cable Franchise: City Manager requesting City Council direction regarding Mediacom’s possible termination of the Municipal Cable Franchise. Motion by Jones to receive and file and pursue a combination of all options presented and securing a price on a feasibility study. Seconded by Connors. Cable TV Coordinator Craig Nowack provided a slide presentation on the significant provisions of the City’s franchise agreement with Mediacom and the State’s certificate of franchise authority and outlined recommended options. Option #1 Enforceable Community Partnership Agreement with Mediacom; Option #2 Amend State Law; Option #3 Litigation; and Option #4 Combine Options #1 & #3. Nowack recommended commissioning another feasibility study regarding the formation of a municipal telecommunications utility. Assistant City Attorney Tim O’Brien stated that an amendment to the state law probably could not be made retroactive but a legislative provision could sunset state franchise agreements with new and incumbent providers should competitive providers not develop. Nowack added that recommendations will be presented to City Council. Motion carried 7-0. Fines for Speed Restrictions Ordinance: City Manager recommending approval of an amendment to the Code of Ordinances that adopts a change in the fine amount for excessively speeding in zones greater than 55 miles per hour to be consistent with the Iowa Code. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Lynch. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 59-09 Amending the City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 7 Operation, Section 9-7-321.285 Limits Generally, establishing the fine for each mile in excess of 20 miles per hour over the speed limit in zones greater than 55 miles per hour. Seconded by Braig. Voetberg asked for a review of the speed limit on University Avenue from Bluff Street to Delhi Street. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 59-09 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHICLES AND TRAFFIC, CHAPTER 7 OPERATION, SECTION 9-7-321.285 LIMITS GENERALLY, ESTABLISHING THE FINE FOR EACH MILE IN EXCESS OF 20 MILES PER HOUR OVER THE SPEED LIMIT IN ZONES GREATER THAN 55 MILES PER HOUR NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 9-7-321.285 of the City of Dubuque Code of Ordinances is amended to read as follows: 9-7-321.285. Limits Generally. D. Scheduled fines are established pursuant to Iowa Code Section 805.6(6). . . . . Excessive speed in zones greater than 55 miles per hour: 1 through 5 miles per hour over. 6 through 10 miles per hour over. 11 through 15 miles per hour over. 16 through 20 miles per hour over. Over 20 miles per hour over (plus $5.00 for each mile in excess of 20 miles per hour over limit). Section 2. This Ordinance shall take effect upon publication. th Passed, approved and adopted the 7 day of December, 2009. 25 /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 11 day of December, 2009. /s/Jeanne F. Schneider, CMC, City Clerk COUNCIL MEMBER REPORTS Mayor Buol expressed the City Council’s gratitude to Police Lieutenant Scott Baxter and the first responders with regard to the recent armed robbery at Knicker’s Bar. CLOSED SESSION Motion by Jones at to go into closed session at 9:03 p.m. regarding pending litigation and property acquisition pursuant to Chapter 21.5(1)(c)(j) of the Code of Iowa. Upon motion the City Council reconvened in regular session at 9:31 p.m. stating that staff had been given proper direction. There being no further business, upon motion the City Council adjourned at 9:32 p.m. /s/Jeanne F. Schneider, CMC City Clerk 26