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12 17 07 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 17, 2007, in the Historic Federal Building. Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, City Manager Van Milligen, City Attorney Lindahl Invocation was provided by Sr. Mary Agnes O’Connor. Presentation of appreciation plaques to outgoing City Council Members Ann E. Michalski and Patricia A. Cline in appreciation of the years of public service. CONSENT ITEMS Motion by Cline to receive and file the documents and dispose of as indicated. Seconded by Lynch. Braig requested that (#7) Downtown Design Guidelines be held for separate discussion. Michalski requested (#18) 2007 Annual Tax Increment Financing Report be held for separate discussion. Motion carried 7-0. Minutes and Reports Submitted: Airport Commission of 10/22; Cable Community Teleprogramming Commission of 9/4, 10/9, and 11/6; Cable TV Regulatory Commission of 9/12; City Council of 12/3; Electrical Code Board of 11/26; Historic Preservation Commission of 11/29; Human Rights Commission of 11/5; Zoning Advisory Commission of 12/5 Library Board of Trustees Update from Meeting of November 15, 2007 Proofs of publication of City Council Proceedings of November 19 and 26, 2007 and List of Claims and Summary of Revenues for Month Ending October 31, 2007. Upon motion the documents were received and filed. Notice of Claims/Suits: Allied Insurance for personal injury claim of Ryan Glaser; David J. Waddick vs. City of Dubuque; John Tschiggfrie for property damage; Jim C. Jones for property damage; Larry and Brenda Huseman for property damage. Upon motion the documents were received and 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: Hope McDermott for personal injury; Allied Insurance for personal injury; Jim Jones for vehicle damage City Attorney recommending settlement of the claims of Greg Droessler for vehicle damage and John Tschiggfrie for property damage. Upon motion the documents were received and filed and concurred. Transit Board of Trustees: Peter V. Kies submitting his resignation from the Transit Board of Trustees, effective immediately. Upon motion the document was received and filed, and the resignation accepted. Stonebrook Subdivision: Communication from Mike Portzen, Portzen Construction, Inc., requesting final acceptance of Stonebrook Subdivision. Upon motion the documents were received and filed and referred to the City Manager. Human Rights Annual Report: Submittal of the Human Rights Commission’s Annual Report for Fiscal Year 2007. Upon motion the documents were received and filed. Cottingham and Butler – Irrevocable License: City Manager recommending approval of the th Irrevocable License for Cottingham and Butler to encroach on the public right-of-way of 8 Street and the alley adjacent to 800 Main Street to accommodate a loading dock, transformer enclosure, well head, and building bump out. Upon motion the documents were received, filed, and approved. Downtown Design Guidelines: City Manager recommending approval of a Certified Local Government (CLG) grant agreement for the Downtown Design Guidelines project. Motion by Braig to receive and file the documents and adopt Resolution No. 586-07 Approving CLG Grant Agreement with the State Historical Society of Iowa for Downtown Dubuque Design Guidelines. Seconded by Connors. Braig questioned if there is potential for or interest in Bluff Top Design Guidelines and if they are appropriate. Connors stated bluff top guidelines are very different from those used in the downtown area or the Port of Dubuque. Lindahl commented that this will be looked at as part of the Comprehensive Bluffland Plan. Motion carried 7-0. RESOLUTION NO. 586-07 APPROVING CLG GRANT AGREEMENT WITH THE STATE HISTORICAL SOCIETY OF IOWA FOR DOWNTOWN DUBUQUE DESIGN GUIDELINES. Whereas, the State Historical Society of Iowa has awarded the City of Dubuque a Certified Local Government (CLG) grant for the Downtown Dubuque Design Guidelines; and Whereas, the City of Dubuque has adopted the Downtown Dubuque Master Plan and implementation of the plan includes the creation of design guidelines for the downtown. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor is authorized to sign the agreement with the State Historical Society of Iowa for CLG Grant Funds for the Downtown Dubuque Design Guidelines. Section 2. That the City of Dubuque agrees to abide by all local, state and federal requirements applicable to the proposed budget. th Passed, approved and adopted this 17 day of December, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Preserve America Grant: Communication from the Historic Preservation Commission to the National Park Service in support of the Preserve America Grant application “Hollywood in the Heartland” submitted by the Iowa State Historic Preservation Office. Upon motion the documents were received and filed. Purchase of Property – 2249 Elm Street: City Manager recommending approval of the purchase of a residential dwelling located at 2249 Elm Street as part of the acquisition program associated with the Bee Branch Creek Restoration Project. Upon motion the documents were received and filed and Resolution No. 587-07 Approving the acquisition of real estate located at 2249 Elm Street in the City of Dubuque was adopted. 2 RESOLUTION NO. 587-07 APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 2249 ELM STREET, IN THE CITY OF DUBUQUE WHEREAS, the City of Dubuque intends to acquire certain properties located in the area of the Bee Branch Creek Restoration Project for stormwater mitigation activities as recommended in the 2001 HDR “Drainage Basin Master Plan;” and WHEREAS, a purchase agreement has been finalized with the owner of the thirtieth property scheduled for acquisition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves the acquisition of the following legally described property: Lot 1 of Lot 1 of Lot 2 of Lot 2, and the Easterly 20 feet of Lot 1, both in the Subdivision of Lot 102, in L.H. Langworthy’s Addition in the City of Dubuque, Iowa, according to the recorded plats thereof, at the cost of Forty-one thousand two hundred fifty dollars ($41,250). Section 2. That the City of Dubuque be and is hereby authorized to accept a Quit Claim deed from the owner, conveying the owner’s interest to the City of Dubuque, Iowa for the herein described real estate. Section 3. That the City Clerk be and is hereby authorized and directed to cause said Quit Claim Deed to be recorded in the office of the Dubuque County Recorder, together with certified copy of the Resolution. Section 4. That the City Clerk be and she is hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. th Passed, approved, and adopted this 17 day of December, 2007. Roy D. Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk Purchase of Property – 2300 / 2302 Washington Street: City Manager recommending approval of the purchase of a residential dwelling located at 2300 – 2302 Washington Street as part of the acquisition program associated with the Bee Branch Creek Restoration Project. Upon motion the documents were received and filed and Resolution No. 588-07 Approving the acquisition of real estate located at 2300 – 2302 Washington Street in the City of Dubuque was adopted. RESOLUTION NO. 588-07 APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 2300-2302 WASHINGTON STREET, IN THE CITY OF DUBUQUE , WHEREASthe City of Dubuque intends to acquire certain properties located in the area of the Bee Branch Creek Restoration Project for stormwater mitigation activities as recommended in the 2001 HDR “Drainage Basin Master Plan;” and WHEREAS, a purchase agreement has been finalized with the owner of the thirty-first property scheduled for acquisition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves the acquisition of the following legally described property: Lot 1 of the Subdivision of the Middle 60 feet of Lot 104 in L.H. Langworthy’s Addition to the City of Dubuque, Iowa, according to the recorded Plat thereof, together with all improvements thereon. 3 at the cost of Seventy-two thousand dollars ($72,000). Section 2. That the City of Dubuque be and is hereby authorized to accept a Quit Claim deed from the owner, conveying the owner’s interest to the City of Dubuque, Iowa for the herein described real estate. Section 3. That the City Clerk be and she is hereby authorized and directed to cause said Quit Claim Deed to be recorded in the office of the Dubuque County Recorder, together with certified copy of the Resolution. Section 4. That the City Clerk be and she is hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. th Passed, approved, and adopted this17 day of December, 2007. Roy D. Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk Stipulation of Settlement: City Attorney submitting a Stipulation of Settlement in the tax assessment appeal of A. John and Cathy A. Pesetski for property located at 2991 Deerwood Circle. Upon motion the documents were received, filed, and approved. Highway 20 Phase II Landscaping Project: City Manager recommending acceptance of the Highway 20 Phase II Landscaping Project as completed by Smith Seeding, Inc. in the final contract amount of $231,417. Upon motion the documents were received and filed and Resolution No. 589-07 Accepting improvement and Resolution No. 590-07 Approving final estimate were adopted. RESOLUTION NO. 589-07 ACCEPTING IMPROVEMENT WHEREAS, the contract for the Highway 20 Landscaping Project, Phase II has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 1. That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the General Fund in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 17th day of December, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 590-07 FINAL ESTIMATE WHEREAS, the contract for the Highway 20 Landscaping Project, Phase II has been completed and the Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $231,417, and the General Fund said amount shall be paid from the of the City of Dubuque, Iowa. 4 Passed, approved and adopted this 17th day of December, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk PEG Capital Grant Expenditures: City Manager recommending approval of a request for funding from the Capital Grant for Access Equipment and Facilities. Upon motion the documents were received, filed, and approved. Delinquent Refuse, Sewer and Stormwater Management Accounts: City Manager recommending approval of the submission of the delinquent refuse, sewer and stormwater management collection accounts to the Dubuque County Treasurer in order to establish real property liens for collection of such past due accounts. Upon motion the documents were received and filed and Resolution No. 591-07 Adopting the Schedule of Assessments for delinquent refuse, sewer and stormwater collection accounts and specifying the number of annual installments into which assessments are divided, the interest on all unpaid installments, the time when the assessments are payable and directing the Clerk to certify the schedule of assessments to the County Treasurer and to publish notice thereof was adopted. RESOLUTION NO. 591-07 ADOPTING THE SCHEDULE OF ASSESSMENTS FOR DELINQUENT REFUSE, SEWER AND STORMWATER COLLECTION ACCOUNTS SPECIFYING THE NUMBER OF ANNUAL INSTALLMENTS INTO WHICH ASSESSMENTS ARE DIVIDED, THE INTEREST ON ALL UNPAID INSTALLMENTS, THE TIME WHEN THE ASSESSMENTS ARE PAYABLE AND DIRECTING THE CLERK TO CERTIFY THE SCHEDULE OF ASSESSMENTS TO THE COUNTY TREASURER AND TO PUBLISH NOTICE THEREOF NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That after full consideration of the Schedule of Assessments attached hereto for delinquent refuse, sewer and stormwater collection accounts which Schedule of Assessments was filed in the office of the City Clerk on the 10th day of December, 2007, the said Schedule of Assessments be and the same is hereby approved and adopted. That there be, and is herby assessed and levied as a special tax against and upon each of the lots, the respective sums indicated. That the City Clerk be and is hereby directed to certify said schedule to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the final schedule. On or before the date of the second publication of the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided and directed in Iowa Code § 384.60. The assessments may be paid in full or in part without interest at the office of the City th Treasurer, City Hall, 50 W. 13 Street, Dubuque, Iowa, at any time within 30 days after the date of the first publication of the notice of the filing of the Schedule of Assessments with the County Treasurer. After 30 days, unpaid assessments of $100.00 or more are payable in 10 annual installments at the County Treasurer’s Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, and will draw annual interest at nine (9) percent (commencing on the date of acceptance of the work) computed to December 1 next following the due dates of the respective installments as provided in Section 384.65 of the Code of Iowa. 5 Each installment will be delinquent from October 1 following its due date on July 1 of each year. Property owners may elect to pay any annual installments semiannually in advance. Passed, approved and adopted this 17th day of December, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk NOTICE OF FILING OF THE SCHEDULE OF ASSESSMENTS FOR DELINQUENT REFUSE, SEWER AND STORMWATER COLLECTION ACCOUNTS To the property owners of the properties shown on the attached schedule of assessments: You are hereby notified that the attached Schedule of Assessments has been adopted by the City Council of the City of Dubuque, Iowa, and that said Schedule of Assessments has been filed with the County Treasurer of Dubuque County, Iowa. You are further notified that assessments may be paid in full or in part without interest at the th office of City Treasurer, 50 W. 13 Street, Dubuque, Iowa, 52001, at any time within 30 days after the date of this notice. After 30 days, unpaid special assessments of $100.00 or more are payable in 10 annual installments and will draw annual interest at nine (9) percent computed to December 1st next following the due dates of the respective installments as provided in Section 384.65 of the Code of Iowa. Each installment will be delinquent from October 1st following its due date on st July 1 of each year. Property owners may elect to pay any annual installment semiannually in advance. This Notice given by direction of the city Council of the City of Dubuque, Iowa, as provided in the Code of Iowa. /s/ Jeanne F. Schneider, CMC, City Clerk City of Dubuque Delinquent Refuse, Sewer & Stormwater Accounts to County Treasurer, December 2007 Name and Address Property Description Totals Bernhard, Gary 10-12-201-003 $ 268.18 1110 Roosevelt St Lot 4 Wersinger Sub Dubuque, IA 52001-8334 Bernhard, Gary 10-12-201-003 $ 709.70 1100 Roosevelt St Lot 4 Wersinger sub Dubuque, IA 52001-8652 Krolich, Mark 10-12-356-004 $ 231.92 743 Louise St Lots 74 & 75 Maple Leaf Add #2 Dubuque, IA 52001-1281 Foht, J 10-12-358-007 $ 711.78 723 Peru Rd Lot 20 Maple Leaf Add #2 Dubuque, IA 52001-1271 Hurst, Ricky 10-12-177-005 $ 710.58 3975 Inwood Ave Lot 39 & 40 Oneills North Dub Add Dubuque, IA 52001-8652 Schetgen, Michael J 10-12-181-001 $ 709.90 3922 Inwood Ave Lot 53 & 54 Oneills North Dub Add 6 Dubuque, IA 52001-8630 Betts, Michael/Patricia 10-29-451-004 $ 376.47 4955 Old Hwy Rd Lot 1-2-1-1 SW SE Sec Dubuque, IA 52002-9633 Wolfe, Doug 15-01-178-015 $ 215.48 2020 Rockdale Rd Lot 1 Jeanette Sweeney Place Dubuque, IA 52003-8057 Merfeld, Merlin 10-00-800-063 $ 352.24 380 Cedar Cross Rd Lot 2-2 ML 230 Lot 1-3 ML 232 Lot Dubuque, IA 52003-7727 2 Merfeld Acres Nebel, Eric C 15-02-227-013 $ 742.15 1233 Miller Rd Lot 1 Volk Place Dubuque, IA 52003-8590 McMullen, Rob J & Vickie L 10-12-1780-001 $ 108.42 3998 Inwood Ave Lot 60 O’Neills North Dub Add Dubuque, IA 52001-8653 Steines, Agnes 10-00-800-040 $ 286.52 nd 2444 W 32 Bal of Lot 1-1 of Min Lot 382 Dubuque, IA 52001-1506 Schromen, Philip F 10-12-358-005 $ 314.22 713 Peru Rd Lot 18 Maple Leaf Add No 2 Dubuque, IA 52001-1271 Citifinancial Inc 10-26-279-013 $ 761.19 7467 New Ridge Rd Suite 222 Lot 16 T S Nairns Dubuque Hanover, MD 21076 Atkinson, Terry 10-28-401-002 $ 244.81 8279 Kalb Ridge Lot 6 Blk 1 Fischer Heights Peosta, IA 52068-9548 Fountain, Pauline L 10-14-452-008 $ 361.01 302 W Palmer St Apt 1 Lot 56 Burtons Add Cuba City, WI 53807-1353 Strub, Tod M 10-22-403-001 $ 911.27 2096 Broadlawn Rd Lot 12 Blk 4 Hillcrest Park Dubuque, IA 52001-2907 $ 8,015.84 2007 Weed Assessments: City Manager recommending approval of the submission of the 2007 Weed Assessments to the Dubuque County Treasurer in order to establish real property liens for collection of the past due accounts. Upon motion the documents were received and filed and Resolution No. 592-07 Adopting the Schedule of Assessments for the 2007 Weed Enforcement Program and specifying the number of annual installments into which 7 assessments are divided, the interest on all unpaid installments, the time when the assessments are payable and directing the Clerk to certify the schedule of assessments to the County Treasurer and to publish notice thereof was adopted. RESOLUTION NO. 592-07 ADOPTING THE SCHEDULE OF ASSESSMENTS FOR THE 2007 WEED ENFORCEMENT PROGRAM SPECIFYING THE NUMBER OF ANNUAL INSTALLMENTS INTO WHICH ASSESSMENTS ARE DIVIDED, THE INTEREST ON ALL UNPAID INSTALLMENTS, THE TIME WHEN THE ASSESSMENTS ARE PAYABLE AND DIRECTING THE CLERK TO CERTIFY THE SCHEDULE OF ASSESSMENTS TO THE COUNTY TREASURER AND TO PUBLISH NOTICE THEREOF NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That after full consideration of the Schedule of Assessments attached hereto for the 2007 Weed Enforcement Program which Schedule of Assessments was filed in the office of the city th Clerk on the 10 day of December, 2007, the said Schedule of Assessments be and the same is hereby approved and adopted. That there be, and is herby assessed and levied as a special tax against and upon each of the lots, the respective sums indicated. That the City Clerk be and is hereby directed to certify said schedule to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the final schedule. On or before the date of the second publication of the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided and directed in Iowa Code § 384.60. The assessments may be paid in full or in part without interest at the office of the City th Treasurer, City Hall, 50 W. 13 Street, Dubuque, Iowa, at any time within 30 days after the date of the first publication of the notice of the filing of the Schedule of Assessments with the County Treasurer. After 30 days, unpaid assessments of $100.00 or more are payable in 10 annual installments at the County Treasurer’s Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, and will draw annual interest at nine (9) percent (commencing on the date of acceptance of the work) computed to December 1 next following the due dates of the respective installments as provided in Section 384.65 of the Code of Iowa. Each installment will be delinquent from October 1 following its due date on July 1 of each year. Property owners may elect to pay any annual installments semiannually in advance. Passed, approved and adopted this 17th day of December, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk NOTICE OF FILING OF THE SCHEDULE OF ASSESSMENTS FOR THE 2007 WEED ENFORCEMENT PROGRAM To the property owners of the properties shown on the attached schedule of assessments: You are hereby notified that the attached Schedule of Assessments has been adopted by the City Council of the City of Dubuque, Iowa, and that said Schedule of Assessments has been filed with the County Treasurer of Dubuque County, Iowa. You are further notified that assessments may be paid in full or in part without interest at the th office of City Treasurer, 50 W. 13 Street, Dubuque, Iowa, 52001, at any time within 30 days after the date of this notice. 8 After 30 days, unpaid special assessments of $100.00 or more are payable in 10 annual installments and will draw annual interest at nine (9) percent computed to December 1st next following the due dates of the respective installments as provided in Section 384.65 of the Code of Iowa. Each installment will be delinquent from October 1st following its due date on st July 1 of each year. Property owners may elect to pay any annual installment semiannually in advance. This Notice given by direction of the City Council of the City of Dubuque, Iowa, as provided in the Code of Iowa. Jeanne F. Schneider, CMC, City Clerk City of Dubuque 2007 Weed/Garbage/Junk Assessments Schedule of Final Assessments The following schedule is hereby determined to show each lot proposed to be assessed for the improvement shown in the title together with the amount proposed to be assessed against each lot by the City Council of the City of Dubuque, Iowa. PROPERTY OWNER PROPERTY LEGAL DESCRIPTION TOTAL CATEGORY ADDRESS ASSESSMENT Ricky Weiland & Margaret 2149 Avalon Lot 6 Blk 1 Powers Hgts $85.00 Weed cutting Lentz, 17300 Balltown Road, Sherrill IA 52073 Citifinancial c/o Jennifer, 3500 1556 Donovan Dr Lot 12 Blk 1 Sunset Park $65.00 Weed cutting Dodge Street, Dubuque, IA Seventh Add. 52003 Alan & Dawn Dialon, 207 207 Clarke Dr Lot 1-20 & 1-21 LH $85.00 Weed cutting Clarke Drive, Dubuque IA Langworthy Sub & Lot 1- 52001 53 & E 65' of S 1/2 of Lot 52 Marsh's Add Michelle K Duehr, 3980 Cora 3980 Cora Drive Lot 10 Blk 2 Sunset Park $128.40 Garbage/junk Drive, Dubuque, IA 52002 Seventh Add collection Thomas Wolf, 2946 Central, 2946 Central W 1/2 N 1/2 W 170' of Lot $175.00 Weed cutting Dubuque, IA 52001 301 Davis Farm Add Timothy Schulte, 2240 Hoyt, 2240 Hoyt Lot 1-3 Pfohls Sub $325.00 Weed cutting Dubuque IA 52001 Tanya Soldwish-Carver, 4050 4050 Peru Road Lot 9 O'Neill's North $85.00 Weed cutting Peru Road, Dubuque, IA Dubuque 52001 Sullivan Homes LLC Leo J, P 4060 Peru Road Lot 10 O'Neill's North Dub $85.00 Weed cutting O Box 545, Dubuque, IA Add 52004-0545 John White, 588 Jefferson, 1001 Garfield E 93.5' of Lot 5 $285.00 Weed cutting Dubuque, IA 52001 McCraney's 2nd Add 9 Kerkel Rheault Real Estate Meinen Ct Lot Lot 3 Harvest Business $250.00 Weed cutting LLC, 2116 Graham Circle, Center Dubuque IA 52002 Larry & Sharon McDermott, Lot next to 3535 Lot 5 Blk 1 Crescent $85.00 Weed cutting 13384 BMR Lane, Dubuque IA Lunar Heights 52002 James Jr & Paula Bodish, 347 Kaufmann Lot 5 Welands Sub $85.00 Weed cutting 15133 Old Highway Rd, Avenue Peosta IA 52068 Chad Michael Schwartz, 2600 2600 Windsor Lot 1 Brechts Sub $85.00 Weed cutting Windsor Avenue, Dubuque IA Avenue 52001 Rodney Coyle, 2815 Jackson 2815 Jackson E 85' of E 170' of Lot 352 $500.00 Weed cutting St., Dubuque, IA 52001 Street Davis Farm Add & garbage/ debris removal Shannon Dingbaum, 18567 24 Clarke Drive Lot 1 M A Rebman Sub $65.00 Weed cutting Drexel Street, Omaha NE 68135 Wells Fargo Bank NA One 708 Ries Lot 5-4 Geigers Sub $70.00 Weed cutting Home Campus Des Moines IA 50328 TOTAL $2,458.40 Five Flags HVAC and Promenade Roof Replacement Project: City Manager recommending award of the contract to Giese Sheet Metal Company, Inc. in the amount of $700,580 for the Five Flags HVAC and Promenade Roof Replacement Project. Upon motion the documents were received and filed and Resolution No. 593-07 Awarding public improvement contract to Giese Sheet Metal Company, Inc. for the Five Flags HVAC and Promenade Roof Replacement Project was adopted. RESOLUTION NO. 593-07 AWARDING CONTRACT WHEREAS, sealed proposals have been submitted by contractors for the Five Flags HVAC and Promenade Roof Replacement Project pursuant to Resolution No. 537-07, and notice to bidders published in a newspaper published in the City of Dubuque, Iowa, on the 9th day of November, 2007. WHEREAS, said sealed proposals were opened and read on the 6th day of December, 2007, and it has been determined that the bid of Giese Sheet Metal Company, Inc. in the amount of $700,580 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above improvement be awarded to Giese Sheet Metal Company, Inc., and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: 10 That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 17th day of December, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Dubuque Girls’ Independent Softball League’s Field Lighting Project: City Manager recommending approval of the City being the purchasing agent for the Dubuque Girls’ Independent Softball League’s field lighting project. Upon motion the documents were received, filed, and approved. 2007 Annual Tax Increment Financing Report: City Manager transmitting the 2007 Annual Tax Increment Financing Report. Motion by Michalski to receive and file the documents. Seconded by Braig. Michalski requested that the City Manager summarize successful projects during discussion of Action Item #10. Business Licenses: City Manager recommending approval of annual liquor license renewals as submitted. Upon motion the documents were received and filed and Resolution No. 594-07 Granting the issuance of a Class “B” (Hotel/Motel) Liquor License to Holiday Inn Dubuque Five Flags; a Class “C” Beer/Liquor License to The Moracco, Mario’s Italian Restaurant, Bowling and Beyond, and Cue Masters Billiards; and Class “WBN” (Native Wine) License to Dubuque Humane Society and Hy-Vee Gas #2 was adopted. RESOLUTION NO. 594-07 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 The Moracco, Inc. The Moracco+(Sunday Sale) 1413 Rockdale Road T & M Inc Mario’s Italian Restr.+(Sunday Sale) 1298 Main Street Bowling & Beyond DBQ Inc Bowling & Beyond 1860 Hawthorne DBQ+(Sunday/Outdoor Sale) Street CueMasters Billiards Cue Masters Billiards+(Sunday Sale) 900 Central Avenue CLASS ‘WBN” (NATIVE WINE) LICENSE Dubuque Humane Society Dubuque Humane Society 555 JFK Road Hy Vee, Inc. Hy-Vee Gas # 2 2435 NW Arterial Passed, approved and adopted this 17th day of December, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 11 ITEM TO BE SET FOR PUBLIC HEARING Motion by Lynch 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 Jones. Motion carried 7-0. Eminent Domain Proceedings: City Manager recommending that a public hearing be set for January 22, 2008, to consider approval of eminent domain proceedings to acquire property for the Dubuque Regional Airport Terminal Relocation Project. Upon motion the documents were received and filed and Resolution No. 596-07 Setting a public hearing on the intent to acquire or condemn, if necessary, property for the Dubuque Regional Airport Terminal Relocation Project was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on January 22, 2008, in the Historic Federal Building. RESOLUTION NO. 596-07 SETTING A PUBLIC HEARING ON THE INTENT TO ACQUIRE OR CONDEMN IF NECESSARY PROPERTY FOR THE DUBUQUE REGIONAL AIRPORT TERMINAL RELOCATION PROJECT Whereas, Iowa Code § 6B.2A requires an acquiring agency to provide written notice of a public hearing to each owner of record of agricultural land that may be the subject of condemnation; and Whereas, the City Council finds that it may be necessary to acquire or condemn the following-described property for the Dubuque Regional Airport Terminal Relocation Project: Lot 2 of Lot 3 of the W ½ of the NW ¼ of Section 36, Township 88 North, Range 2 East of th the 5 P.M., Dubuque County, Iowa, according to the United States Government Survey and the recorded plats thereof, subject to easements of record; Lot 1 of Lot 1 of Lot 5, and Lot A of Lot 2, both of the Subdivision of the W ½ of the NW ¼ of th Section 36, Township 88 North, Range 2 East of the 5 P.M., Dubuque County, Iowa, according to the United States Government Survey and the recorded plats thereof, subject to easements of record; Lot 2 of Merlin Bradley, Second Addition, in Section 36, Township 88 North, Range 2 East th of the 5 P.M., in Dubuque County, Iowa, according to the United States Government Survey and the recorded plats thereof; The North ¾ of the N ½ of the SW 1/4; Lot 1 of Lot 1 of the W ½ of the NW ¼ and Lot 2 of th Merlin Bradley Addition, all in Section 36, Township 88 North, Range 2 East of the 5 P.M., in Dubuque County, Iowa, according to the United States Government Survey and the recorded plats thereof, subject to highway, and, Lot 2 of the SE ¼ of the NW ¼; and the SW ¼ of the NW ¼, except ½ acre in the SW Corner thereof deeded to Independent School District of Table Mound Township; Lot 2 of Lot 2 of the NW ¼ of the NW ¼; Lot 3 of Lot 1 of Lot 2 of Lot 1 of the NE ¼ of the NW ¼; all in th Section 35, Township 88 North, Range 2 East of the 5 P.M., in Dubuque County, Iowa, according to the United States Government Survey and the recorded plats thereof, less right of way conveyed to the State of Iowa and/or the State Highway Commission for road purposes, and that part sold to the City of Dubuque, Iowa, for airport purposes; and together with and subject to all rights and easements of record, from November 13, 1996, title to which rests in Ronald Bradley, Jeffrey Bradley and Brian Bradley, each owning an undivided 1/3 interest, and doing business as Bradley Farms, (the Property); and Whereas, the owners of the Property are Ronald Bradley, Jeffrey Bradley, and Brian Bradley (Owners); and 12 Whereas, a public hearing should be set on the intent to acquire or condemn, if necessary, the Property; and Whereas, notice of the public hearing should be published and mailed as required by law to the Owners of the Property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: The City Clerk is hereby authorized and directed to cause a notice in the form attached hereto to be mailed to the Owners and published as prescribed by Iowa Code § 6B.2A of a public hearing on the City's intent to acquire or condemn, if necessary, the Property, to be held on the ndth 22 day of January, 2008, at 6:30 o'clock p.m. at the City Council Chambers 350 W. 5 St., Dubuque, Iowa. th Passed, approved and adopted this 17 day of December, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions. Housing Code Appeals Board (One expired three-year term through January 11, 2009) Applicant Ryan Killburg spoke in support of his appointment. Human Rights Commission (Three 3-year terms expiring January 1, 2008 – Terms of Rubinstien, Foster and Ross). Applicants: Colin Scott, Dan Chatfield, Marcos Rubinstien Transit Board of Trustees (One vacant 3-year term through July 30, 2009 – Term of Kies). Applicants: Don Stedman, Harry Bemis PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone to address the City Council. John F. Kennedy Sidewalk Installation Project: Proof of publication on notice of public hearing to consider approval of the plans and specifications, form of contract, estimated cost and preliminary schedule of assessments for the John F. Kennedy Sidewalk Installation Project and City Manager recommending approval. Petition from residents on John F. Kennedy Road from Asbury Road to Iowa Hwy 32 (Northwest Arterial) in opposition to the proposed sidewalk installation project. Communication from Robert F. Lynn, 2381 Gordon Drive, in opposition to the proposed installation of sidewalks on John F. Kennedy Road. City Manager advising that the neighborhood meeting regarding the JFK Sidewalk th Installation Project, scheduled for Tuesday, December 11, was cancelled due to weather; however, there have been phone conversations with Gordon Drive residents. Motion by Connors to receive and file the documents and adopt the Resolutions approving plans, specifications, form of contract, and estimated cost for the John F. Kennedy Sidewalk Installation Project, Asbury Road to Hwy 32 (Northwest Arterial); Resolution of Necessity for the John F. Kennedy Sidewalk Installation Project, from Asbury Road to Iowa Hwy 32 (Northwest Arterial); and Resolution approving preliminary schedule of assessments for the John F. Kennedy Sidewalk Installation Project, Asbury Road to Iowa Hwy 32 (Northwest Arterial). Seconded by Jones. Jolene Rettenberger, 2291 Gordon Drive, spoke in opposition to the proposed project. She recapped the Council meeting of July 6, 1999, where 100 percent of 13 the residents opposed the project at that time. She said that then Council Member Buol agreed that the sidewalk was not necessary; Council Member Joe Robbins had said that petitions were circulated and people signed them without knowing what it was about; and Council Member Ann Michalski had said she believed sidewalks would be unsafe to walk on. Dee Maggio, 2343 Gordon Drive; Rita Kueter, 2299 Gordon Drive; Carol Meyer, 2644 John F. Kennedy Road; Julie Janzen, 2549 Rosewood; Arnie Honkamp, 2345 John F. Kennedy Road; Mike Rettenberger, 2291 Gordon Drive, Kathy Spear, 2531 John F. Kennedy Road, Marion Pliner, 2690, Marywood; Sherry Clancy, 2691 Marywood; Leann Lynn, 2381 Gordon Drive; Victoria Nauman, 2571 John F. Kennedy Road; Eugene Heeren, 2639 John F. Kennedy Road, and Tom Sarvis, 2975 John F. Kennedy Road, spoke in opposition to the project stating the high cost of installation, the difficulty to maintain – especially during the winter months, and the fact that it is unsafe to walk along John F. Kennedy Road. Bob Parks, 2939 Brandywine, spoke in support of the installation of sidewalks; however, he said that a sidewalk was not as necessary along Gordon Drive as it was north of Kaufmann Avenue, especially north of Spring Valley Road to the Northwest Arterial. Lynch said that of those that spoke, he did not hear anything with respect to a need for sidewalks, but that the project was creating a hardship both financial and physical. Cline questioned why build in that area. She said she would not vote for the project and explained the process for the record. Michalski stated that she opposed the project in 1999 to place sidewalks along Gordon Drive. She was concerned with the area around Kaufmann Avenue and John F. Kennedy Road, especially north of Spring Valley Road. She requested that the City review the maintenance of sidewalks along arterials. Jones spoke about the public and private costs noting that the City does incur costs. He reiterated that this was not a “done deal,” and that there is a statutory process for such a project. He admitted that he was the one responsible for bringing it to the table, but he is not supportive of it now. Braig said she would never vote for a sidewalk along Gordon Drive and making residents responsible for what is essentially a public sidewalk. She believes there is a need for more bus stops and that the City should look at more use of paths and trails. Connors thanked her colleagues for expressing the same concerns she had. Buol stated that if sidewalks were needed in the area, there would have been more people present in support of the project. Motion failed 0-7. Medical Associates Clinic / Robert Hartig – Planned Unit Development District (PUD) Amendment: Communication from Bob Hartig, Medical Associates, requesting that this item be tabled to February 4, 2008. Proof of publication on notice of public hearing to consider a request from Medical Associates Clinic / Robert Hartig to amend the existing Associates Park Planned Unit Development (PUD) District to designate a portion of the existing greenway buffer for business use and Zoning Advisory Commission recommending denial. Communication from Kathleen R. Kelley, 3836 Cora Drive, in opposition to the proposed amendment to the Associates Park Planned Unit Development District. Motion by Michalski to table until February 4, 2008. Seconded by Braig. Motion carried 7-0. Voluntary Annexation Request: Proof of publication on notice of public hearing to consider approval of the voluntary annexation request of Kress Industrial Facility and City Manager recommending approval. Motion by Cline to receive and file the documents, recess the public hearing, and table the request until after the rezoning is decided. Seconded by Braig. Braig 14 stated that this was doing things backwards. Connors stated she was more in favor of waiting for the rezoning. Anna O’Shea, County Zoning Administrator, stated the County had concerns about the rezoning and annexation; however, she would wait to express those concerns at the public hearing on the rezoning issue. Motion carried 7-0. Traut Terrace Vacate Petition: Proof of publication on notice of public hearing to consider a request from Greg Laufenberg for vacating and sale of a portion of Traut Terrace south of Diagonal Street and City Manager recommending approval. Communication from Greg and Linda Laufenberg regarding the purchase of a portion of City-owned right-of-way and requesting reimbursement for additional expenses. Motion by Cline to receive and file the documents and adopt the resolutions. Seconded by Braig. Greg Laufenberg spoke in support of his request to purchase eleven feet of City-owned property and gave the history of the project. He stated he did not know he was in the City right- of-way when he started construction of the garage. He further stated that he had zoning approval and approval from the Building Services Department. Michalski stated that it was Mr. Laufenberg’s responsibility to know his property lines. Connors said that not all citizens know what needs to be done. City Engineer Gus Psihoyos stated that giving the eleven feet would not allow the City the ability to do any improvements in the future and that he thought the applicant was agreeable to the seven foot compromise. Cline asked about the adjacent property owner. Michalski stated that the compromise was reasonable and she couldn’t vote for a change at this point. Braig said she felt the applicant had tried to do what he thought was required and was not trying to pull something over the City. She stated a lot of citizens do not know what to ask. She felt the fair thing to do was give the applicant the eleven feet. Cline agreed that the applicant was acting in good faith. Lindahl suggested tabling the issue and having the property replatted. Cline amended the motion to table to specify re-platting with the eleven feet. Seconded by Braig. Motion carried 6- 1 with Jones voting Nay. Greater Downtown Urban Renewal District: Proof of publication on notice of pubic hearing to consider an amendment to the Greater Downtown Urban Renewal District to expand the district to include the Warehouse District and portions of property along South Main Street and City Manager recommending approval. Communication from the Long Range Planning Advisory Commission recommending approval of the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District. Motion by Michalski to receive and file the documents and adopt Resolution No. 597-07 Approving the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District. Seconded by Connors. Dubuque Main Street Director Dan LoBianco, 3505 Westway, stated that this is an important tool for Dubuque Main Street. Tony Pfohl, 980 Indian Ridge, thanked the Council on behalf of the property owners on South Main Street. Motion carried 7-0. RESOLUTION NO. 597-07 APPROVING THE AMENDED AND RESTATED URBAN RENEWAL PLAN FOR THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT. Whereas, on November 5, 2007 the City Council of the City of Dubuque, Iowa authorized the preparation of an Amended and Restated Urban Renewal Plan (the "Plan") for the Downtown Dubuque Urban Renewal District (the "District"); and Whereas, the City of Dubuque's primary objective in amending this Plan is to provide 15 opportunities for further redevelopment and reinvestment in the downtown; and Whereas, the Long Range Planning Commission has reviewed the proposed Plan and has found that said document is consistent with the Comprehensive Plan for the development of the City of Dubuque as a whole and has transmitted its findings to the City Council; and Whereas, a consultation process has been undertaken with affected taxing entities in accordance with Chapter 403 of the Code of Iowa with no written objections or recommended changes to the Plan received; and Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has held a public hearing on the proposed amended and restated Plan after public notice thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District, attached hereto and made reference to herein, be approved. Section 2. That the City Clerk of the City of Dubuque, Iowa is hereby authorized and directed to file a certified copy of the Resolution in the office of the Dubuque County Recorder. th Passed, approved and adopted this 17 day of December, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Bee Branch Floodwall Pumping Station Auxiliary Power Project: Proof of publication on notice of public hearing to consider approval of the plans and specifications, form of contract and estimated cost for the Bee Branch Floodwall Pumping Station Auxiliary Power Project and City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 598-07 Approving plans, specifications, form of contract, and estimated cost for the Bee Branch Floodwall Pumping Station Auxiliary Power Project. Seconded by Michalski. Motion carried 7-0. RESOLUTION NO. 598-07 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE BEE BRANCH FLOODWALL PUMPING STATION AUXILIARY POWER PROJECT 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 Bee Branch Floodwall Pumping Station Auxiliary Power Project, in the estimated amount $355,875.00, are hereby approved. Passed, adopted and approved this 17th day of December, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Upon motion the rules were reinstated limiting discussion to the City Council. 16 ACTION ITEMS Dog Park: Communication from Roger Ruden, 1020 Aspen Court, requesting to address the City Council regarding the dog park located on North Grandview Avenue. City Manager providing an update on attempts to locate another dog park in the City of Dubuque. Motion by Cline to receive and file the documents. Seconded by Connors. Roger Ruden, 1020 Aspen Court, cited the actions of City Council to protect neighbors in two separate rezoning cases – the request of Hartig Pharmacy to put a pharmacy in the vacated Grandview Methodist Church and the request of Easy Street Bar to allow an expansion of their outdoor service on Rhomberg Avenue. He believed the City should have done more research on the placement of a dog park and requested that the dog park be moved. Cline stated that this is a tough subject and staff is working on alternative areas. Lynch suggested that until an alternative site is found, the City should put a muzzle rule into effect. Michalski said she has never heard excessive barking when she has gone by the area. Connors said she could hear barking on the CD provided by Mr. Ruden but could not see any dogs in the park. She questioned if Mr. Ruden was hearing the right dogs. Leisure Services Manager Gil Spence said that three alternate sites have been identified. One has been dropped as an option and he th is waiting for EPA approval on the 12 Street site. Van Milligen informed the Council that the City’s Capital Improvement Project budget is being cut and it is up to the Council to prioritize this issue. Buol stated that the dog owners bear some responsibility. Jones stated that a solution needs to be found. Motion carried 7-0. Tobacco Compliance – Civil Penalty for Tobacco Permit Holders: City Manager recommending acceptance and approval of Acknowledgement/Settlement Agreements for a first violation for Casey’s General Store, 4003 Peru Road; Kwik Stop, 2390 Central Avenue; and Key West Conoco, 2150 Twin Valley Drive; and to acknowledge the exercise of the affirmative defense for Hartig Drug Company concerning their third violation occurring September 20, 2007 and it is further recommended that a hearing be set for AWN Stop Mart, 1401 Central Avenue, regarding their tobacco violation. Motion by Michalski to receive and file the documents, approve the recommendation of the City Manager and set a hearing regarding AWN Stop Mart for January 22, 2008, in the Historic Federal Building. Seconded by Connors. Motion carried 7-0. Streets in Southgate Planned Unit Development: City Manager recommending that the City not accept either Gateway Drive or Stonehill Drive as public streets as requested by Dan Mueller, developer of Southgate Subdivision. Motion by Connors to receive and file the documents and approve the City Manager’s recommendation. Seconded by Michalski. Dan Mueller, 10753 Woodland Heights Road, reviewed the history of the 18-year development stating that when he began the project he complied with everything the City directed him to do. Mueller requested that Council make no decision at this meeting to allow him time to go back and work with the Engineering Department because he wants to be able to finish the subdivision. Van Milligen said that this is the second time this issue has come before Council. He gave the example of streets located within the Asbury Plaza and Sams’ Club developments, which are private streets. He stated it is a matter of liability. Motion failed 1-6. Ayes: Buol. Nays: Cline, Connors, Jones, Lynch, Michalski, and Braig. Motion by Michalski to receive and file the documents and refer to the City Manager. Seconded by Braig. Motion carried 7-0. 17 Washington Neighborhood Comprehensive Plan: City Manager recommending approval of funds to begin a comprehensive planning process for the Washington Neighborhood. Motion by Michalski to receive and file the documents and approve. Seconded by Jones. Motion carried 6-0 with Jones temporarily out of the room. Lead Hazard Reduction Grant: City Manager recommending approval of a contract with the U.S. Department of Housing and Urban Development (HUD) for administration of the Lead Hazard Reduction Grant in the amount of $2,982,769. Motion by Cline to receive and file the documents and approve. Seconded by Connors. Motion carried 7-0. Metropolitan Coalition Agreement: City Manager recommending that the City participate in the Iowa Metropolitan Coalition and approval of the Fiscal Year 2008 contribution of $8,233.93. Motion by Cline to receive and file the documents and adopt Resolution No. 599-07 Approving the Metropolitan Coalition Agreement. Seconded by Jones. Michalski stated this was a wonderful idea but stressed the need for continued support of the Iowa League of Cities. Motion carried 7-0. RESOLUTION NO. 599-07 APPROVING THE METROPOLITAN COALITION AGREEMENT , WHEREAS the City of Des Moines, Iowa, the City of West Des Moines, Iowa, the City of Dubuque, Iowa, the City of Cedar Rapids, Iowa, the City of Iowa City, Iowa, the City of Sioux City, Iowa, the City of Ames, Iowa, the City of Council Bluffs, Iowa, and the City of Davenport, Iowa, (hereinafter referred to collectively as the "Members") consider it desirable to unite the larger cities of Iowa with similar concerns in an organization to be known as The Metropolitan Coalition (“the Coalition”) intended to enhance communication and to advance common interests in legislative matters; and WHEREAS, it is the intention of the Coalition to work collaboratively with the Iowa League of Cities in promoting the enactment of legislation beneficial to cities and opposing legislation harmful to cities as set forth in the Metropolitan Coalition Agreement; and WHEREAS, the City Attorney has reviewed and approved the Metropolitan Coalition Agreement: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. The attached Metropolitan Coalition Agreement is hereby approved and the Mayor and City Clerk are hereby authorized to execute the Metropolitan Coalition Agreement for and on behalf of the City of Dubuque, Iowa. th Passed, approved and adopted this 17 day of December, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk City Initiatives in Response to Downtown Neighborhood Issues: City Manager recommending approval of a proposed response to issues in the downtown neighborhoods, concentrating on the Washington Street Neighborhood, including the addition of four sworn Police positions (three Police Officers and one Police Corporal acting as a Section 8 Investigator) in the current fiscal year and one additional Rental Housing Inspector position. Motion by Michalski to receive and file and approve. Seconded by Cline. The following staff members spoke: City Manager Michael Van Milligen, Housing and Community Development Director David Harris, Police Chief Kim Wadding, Assistant City Attorney Crenna Brumwell, City Engineer Gus Psihoyos, and Public Works Director Don Vogt. Buol commended Van 18 Milligen and staff. Cline questioned if anything was being done in the Locust and Bluff Streets area. Van Milligen said the Initiatives are actually city-wide with focus on the Washington neighborhood. Cline suggested that the Police Department recommend where additional lighting should be. Jones said he was glad for having a police officer as a housing inspector. Michalski stated that the initiatives must involve all citizens. Motion carried 7-0. Delta Queen: Exemption from Safety of Life at Sea Regulations: City Manager recommending approval of a resolution in support of continuing to exempt the historic Delta Queen steamboat from the Federal Safety of Life at Sea regulations as requested by David Tschiggfrie. Motion by Jones to receive and file the documents and adopt Resolution No. 600- 07 Resolution of the City Council of Dubuque, Iowa, urging Congress to provide for the permanent exemption of the steamer Delta Queen from the provisions of the Safety of Life at Sea Act of 1966. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 600-07 RESOLUTION OF THE CITY COUNCIL OF DUBUQUE, IOWA URGING CONGRESS TO PROVIDE FOR THE PERMANENT EXEMPTION OF THE STEAMER FROM DELTA QUEEN THE PROVISIONS OF THE SAFETY OF LIFE AT SEA ACT OF 1966 Whereas, the Delta Queen is a living connection to the culture and history of the Mississippi River and all of its tributaries; and Whereas, this steamboat is a national treasure listed in the National Register of Historic Places and designated a National Historic Landmark; and Whereas, the vessel is an original and the last of her kind, the culmination of the art of steamboat craftsmen, an authentic sternwheel overnight passenger steamboat like those that helped foster the growth and settlement of our nation; and Whereas, the Delta Queen has operated safely for eighty years (the last thirty seven of those under extensions previously granted by Congress) and has been updated with fire detention and suppression equipment in addition to her extensive sprinkler system in all public and passenger spaces, has had all her wooden surfaces coated throughout with NASA- developed fire-resistant paint, is patrolled every twenty minutes at night be fire watchmen, has a crew trained and drilled regularly in emergency evacuation procedures, and is regularly inspected each year by the United States Coast Guard; and Whereas, the Safety at Sea Act was written to apply to ocean-going vessels whose routes are remote from land and from other vessels, while the Delta Queen can be safely landed within minutes over the entire route she traverses; and Whereas, the steamboat contributes to the economy of the river communities where she is based and where she makes shore stops through the goods and services purchased by her passengers and crew, by the company which owns the vessel, and by the third party businesses which provide the boat and her passengers with amenities and services; and Whereas, our nation would suffer an irreparable loss if her operation were suspended, thereby depriving the traveling public the opportunity to enjoy this uniquely American river steamboat experience in current and future generations; and Whereas, the very existence of the Delta Queen is now threatened with the expiration of her exemption from the Safety at Sea Act in November 2008; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA encourage the Congress of the United States to act with all due haste and foresight to provide for the permanent exemption of this magnificent and historic vessel from the provisions of the Safety at Sea Act. The City Clerk shall arrange for copies of this resolution to be provided to all members of the Iowa Congressional Delegation. 19 th Passed, approved and adopted this 17 day of December 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Every Child/Every Promise Initiative: Communication from Lori Thielen and Eric Dregne, Co- Chairs Mississippi Valley Promise requesting support for the Every Child/Every Promise Initiative: City Manager recommending approval of funding to support the Every Child/Every Promise Initiative / Mississippi Valley Promise organizational efforts. Motion by Lynch to receive and file the documents and approve. Seconded by Jones. Motion carried 7-0. Tax Increment Financing (TIF) Ordinance for 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 Michalski 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 Jones. Motion carried 7-0. Motion by Michalski for final consideration and passage of Ordinance No. 63-07 Amending Ordinance Nos. 20-07, 35-04, 30-82, 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 Jones. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 63-07 AMENDING ORDINANCE NOS. 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 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 20 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 have been 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 the further expansion 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 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. 20-07 (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: 21 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 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 22 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. (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 23 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. (j) 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 and the South Main Subarea, each as described in this Section. (k) Urban Renewal Plan shall mean the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District, approved by Resolution No. 597-07 on December 17, 2007, 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. 24 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 this Ordinance. 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 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. 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 Warehouse Subarea and South Main Subarea. In the event that any provision of this Ordinance shall be determined to 25 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, approved and adopted this 17 day of December, 2007. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk st Published officially in the Telegraph Herald Newspaper the 21 day of December, 2007. /s/Jeanne F. Schneider, CMC, City Clerk Census Tract 1: City Manager recommending approval of a resolution that finds Census Tract 1 in the City of Dubuque meets the definition of a blighted area according to Section 403.17 of the Code of Iowa. Motion by Cline to receive and file the documents and adopt Resolution No. 601-07 Finding that the area within Census Tract 1 of the City of Dubuque meets the definition of a blighted area under the Urban Renewal Law and that development of said area is necessary in the interest of the residents of the City of Dubuque, Iowa. Seconded by Connors. Braig asked if the entire Census Tract had to be blighted. Housing and Community Development Director David Harris stated that it does not, but it gives the area access to Enterprise Zone benefits and allows use of Tax Increment Financing. Motion carried 7-0. RESOLUTION NO. 601-07 FINDING THAT THE AREA WITHIN CENSUS TRACT 1 OF THE CITY OF DUBUQUE MEETS THE DEFINITION OF A BLIGHTED AREA UNDER THE URBAN RENEWAL LAW, AND THAT DEVELOPMENT OF SAID AREA IS NECESSARY IN THE INTEREST OF THE RESIDENTS OF THE CITY OF DUBUQUE, IOWA . Whereas, Census Tract 1 has the lowest income level of any Census Tract in the City; and Whereas, Chapter 403.17 of the Iowa Code defines a blighted area as an area of a municipality within which the local governing body of the municipality determines that the presence of a substantial number of slum, deteriorated, or deteriorating structures; and Whereas, the City Council has found that the area within Census Tract 1 in the City of Dubuque meets the definition of a blighted area as found in Chapter 403.17 "Urban Renewal Definitions" of the Iowa Code; and Whereas, designating Census Tract 1 as a blighted area is necessary in the interest of the public health, safety or welfare of the residents of the municipality. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Census Tract 1 within the City of Dubuque, Iowa meets the definition of a blighted area according to Section 403.17 of the Iowa Code. th Passed, approved, and adopted this 17 day of December, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Electrical Ordinance: City Manager recommending approval of one editorial change in the City’s electrical ordinance to temporarily extend the expiration date of electrical licenses to June 30, 2008. Motion by Michalski 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 26 prior to the meeting at which it is to be passed be suspended. Seconded by Jones. Motion carried 7-0. Motion by Michalski for final consideration and passage of Ordinance No. 64-07 Amending City of Dubuque Code of Ordinances Chapter 18 Electricity, Section 81-2 National Electrical Code-Amendments, by amending Section 83-9. Seconded by Jones. Motion carried 7-0. OFFICIAL NOTICE ORDINANCE NO. 64-07 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES CHAPTER 18 ELECTRICITY, SECTION 81-2 NATIONAL ELECTRICAL CODE-AMENDMENTS, BY AMENDING SECTION 83-9 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. City of Dubuque Code of Ordinances § 81-2 is amended by amending § 83-9 to read as follows: * * * * 83-9. Expiration of registration; renewal; failure to renew. Each current 2007 electrical registration shall have its expiration date temporarily extended to June thirtieth of 2008. (1) Each registration shall expire on December thirty-first, following the date of its issue and shall be renewed by the electrical code board upon application of the holder of the registration and payment of the required fees any time on or before January first of each year. Renewal of registration shall not be granted to a holder of a registration while indebted to the city under the terms of this article. (2) If there is a lapse of over sixty (60) days from the expiration of the registration renewal, the renewal procedure shall be the same as on an original application. th Passed, approved and adopted this 17 day of December, 2007. /s/Roy D. Buol, Mayor Attest: /s/ Jeanne F. Schneider, CMC, City Clerk st Published officially in the Telegraph Herald Newspaper the 21 day of December, 2007. /s/Jeanne F. Schneider, CMC, City Clerk 2008 Federal Legislative Priorities: City Manager recommending approval of the City of Dubuque Priorities and Requests for Federal Appropriations. Motion by Cline to receive and file the documents and adopt the 2008 Federal Legislative Priorities. Seconded by Connors. Michalski questioned the extensive list. Motion carried 7-0. Fiscal Year 2009 Policy Guidelines: City Manager submitting the Fiscal Year 2009 Policy Guidelines for City Council review and approval. Motion by Connors to receive and file the documents and approve. Seconded by Cline. Motion carried 6-1 with Cline voting Nay. 27 CLOSED SESSION Upon motion at 11:10 p.m., the Council convened to closed session regarding litigation pursuant to Chapter 21.5(1)(c) 2007 Code of Iowa. The Council convened regular session at 11:24 p.m. stating that staff had been given proper direction. There being no further business, upon motion the Council adjourned at 11:25 p.m. /s/ Jeanne Schneider, CMC City Clerk 28