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10 6 08 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 October 6, 2008 in the Historic Federal Building. Present: Mayor Buol, Council Members Braig, Connors, Lynch, Resnick, Voetberg, City Manager Van Milligen, City Attorney Lindahl Absent: Council Member Jones Mayor Buol read the call and stated this is a regular session called for the purpose of discussing such matters which may properly come before the City Council. Invocation was provided by Senior Pastor Chip Gatto, Christ Church of Dubuque PROCLAMATIONS Trick or Treat Night (October 31, 2008); Week without Violence (October 12 – 18, 2008) was accepted by Sr. Charla Bulko of the Dubuque Community Y; Save for Retirement Week (October 19 – 25, 2008) was accepted by Personnel Director Randy Peck; Disability Awareness Month (October 2008) was accepted by Jean Wuertzer, John Curtis, and Hania Mormann of Area Residential Care Vocational Services; Arts and Humanities Month (October 2008) was accepted by Arts and Cultural Affairs Advisory Commission Chairperson Louise Kames; White Cane Safety Day (October 15, 2008) was accepted by Shirley Conrad, Vice President, Tri-State Blind Society; and Make-a-Will Month (October 2008) was accepted by Library Directory Susan Henricks. CONSENT ITEMS Motion by Connors to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Voetberg. Motion carried 6-0. Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 7/22; City Council of 9/15, 9/18 and 10/1; Civil Service of 5/2; Electrical Code Board of 9/22; Housing Commission of 7/22; Library Board of Trustees of 6/24 and 7/24; Park and Recreation Commission of 9/9 Proof of publication of City Council Proceedings of September 2, 2008 and List of Claims and Summary of Revenues for month ending August 1, 2008. Upon motion the documents were received and filed. Notice of Claims/Suits: Judith A. McMahon vs City of Dubuque – Grand River Center; Nationstar Mortgage LLC vs Kevin Jerome Potter and City of Dubuque Housing and Community Development Department; Jane Spurling for vehicle damage; Deutsche Bank National Trust Company vs City of Dubuque, et al. Upon motion the documents were received and filed and referred to the City Attorney. City Attorney recommending denial of the claim of Leonard W. Dress, Jr. for vehicle damage. City Attorney recommending settlement of the claim, which was previously denied, of Theresa Walsh for parking fines and towing expenses. Upon motion the documents were received and filed and concurred. State Historical Society of Iowa: Communication from the State Historical Society of Iowa advising that the Dubuque Millworking Historic District has been accepted for nomination to the National Register of Historic Places. Upon motion the document was received and filed. Montcrest Sanitary Sewer Extension Project: City Manager recommending award of the public improvement contract for the Montcrest Sanitary Sewer Extension Project to McDermott Excavating, in the amount of $54,310.83. Upon motion the documents were received and filed and Resolution No. 339-08 Awarding public improvement contract for the Montcrest Sanitary Sewer Extension Project was adopted. RESOLUTION NO. 339-08 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE MONTCREST SANITARY SEWER EXTENSION PROJECT Whereas, sealed proposals have been submitted by contractors for the Montcrest Sanitary Sewer Extension Project (the Project) pursuant to Resolution No. 295-08 and Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa on the 5th day of September, 2008. Whereas, said sealed proposals were opened and read on the 18th day of September, 2008 and it has been determined that McDermott Excavating of Dubuque, Iowa, with a bid in the amount of $54,310.83, is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded to McDermott Excavating and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. Passed, approved and adopted this 6th day of October, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Washington Neighborhood/Housing Trust Fund Application: City Manager recommending approval of a Housing Trust Fund Application to the Iowa Finance Authority for $250,000 for continued support of homeownership activities in the Washington Neighborhood. Upon motion the documents were received and filed and Resolution No. 340-08 Approving commitment of matching funds for an application to the Iowa Finance Authority (IFA) for State Housing Trust Funds was adopted. RESOLUTION NO. 340-08 A RESOLUTION APPROVING COMMITMENT OF MATCHING FUNDS FOR AN APPLICATION TO THE IOWA FINANCE AUTHORITY (IFA) FOR STATE HOUSING TRUST FUNDS WHEREAS, the Iowa Finance Authority has recognized Dubuque’s Housing Trust Fund Committee as a certified Local Housing Trust Fund; and WHEREAS, IFA has made funding available in state-wide competition to local trust funds for State Housing Trust Fund grants, in amounts up to $250,000; and WHEREAS, a 25% local match is required for receipt of a funding award; and WHEREAS, the Housing Trust Fund Committee has authorized an application to IFA for a Housing Trust Fund award, in the amount of $250,000; and 2 WHEREAS, Community Development Block Grant funds are available in the current year Housing Department budget in sufficient amount to meet the matching funds requirement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves commitment of $65,000 in current year Community Development Block Grant funds as a match to the application for IFA State Housing Trust Funds. Section 2. That the Housing Trust Fund Committee, in accordance with Sec. 26-37 of the Code of Ordinances, shall have final authority to direct how such funds shall be used in support of revitalization activities in the Washington Neighborhood. Passed, approved and adopted this 6th day of October, 2008. Roy D Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk Lofts at Cathedral Square: City Manager recommending approval of a Housing Enterprise Zone Program Agreement by and among the Iowa Department of Economic Development, the City of Dubuque, and Lofts at Cathedral Square to provide 25 new housing units in the downtown. Upon motion the documents were received and filed and Resolution No. 341-08 Approving a Housing Enterprise Zone Program Agreement by and among the Iowa Department of Economic Development, the City of Dubuque and Lofts at Cathedral Square was adopted. RESOLUTION NO. 341-08 RESOLUTION APPROVING A HOUSING ENTERPRISE ZONE PROGRAM AGREEMENT BY AND AMONG THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT, THE CITY OF DUBUQUE AND LOFTS AT CATHEDRAL SQUARE. Whereas, the City of Dubuque has established two Enterprise Zones and an Enterprise Zone Commission; and Whereas, the Enterprise Zone Commission on August 11, 2008 approved the application of Lofts at Cathedral Square for Housing Enterprise Zone benefits; and Whereas, Lofts at Cathedral Square’s application was approved by the Iowa Department of Economic Development on August 27, 2008; and Whereas, the Iowa Department of Economic Development has prepared and submitted for City Council approval an agreement relating to Housing Enterprise Zone benefits for Lofts at Cathedral Square a copy of which is attached hereto and by this reference made a part hereof; and Whereas, the City Council finds that the proposed agreement is acceptable and necessary to the growth and development of the city. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Iowa Department of Economic Development Housing Enterprise Zone Program Agreement, Number 09-HEZ-008, is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the Agreement on behalf of the City of Dubuque and forward the executed copy to the Iowa Department of Economic Development for their approval. Passed, approved and adopted this 6th day of October, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Greenfield Development, LLC: City Manager recommending approval of a Housing 3 Enterprise Zone Program Agreement by and among the Iowa Department of Economic Development, the City of Dubuque, and Greenfield Development, LLC to provide four new housing units in the downtown. Upon motion the documents were received and filed and Resolution No. 342-08 Approving a Housing Enterprise Zone Program Agreement by and among the Iowa Department of Economic Development, the City of Dubuque and Greenfield Development, LLC, was adopted. RESOLUTION NO. 342-08 RESOLUTION APPROVING A HOUSING ENTERPRISE ZONE PROGRAM AGREEMENT BY AND AMONG THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT, THE CITY OF DUBUQUE AND GREENFIELD DEVELOPMENT, LLC. Whereas, the City of Dubuque has established two Enterprise Zones and an Enterprise Zone Commission; and Whereas, the Enterprise Zone Commission on August 11, 2008 approved the application of for Housing Enterprise Zone benefits; and Greenfield Development, LLC Whereas, ’s application was approved by the Iowa Department Greenfield Development, LLC of Economic Development on August 27, 2008; and Whereas, the Iowa Department of Economic Development has prepared and submitted for City Council approval an agreement relating to Housing Enterprise Zone benefits for Greenfield a copy of which is attached hereto and by this reference made a part hereof; Development, LLC and Whereas, the City Council finds that the proposed agreement is acceptable and necessary to the growth and development of the city. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Iowa Department of Economic Development Housing Enterprise Zone Program Agreement, Number 09-HEZ-009, is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the Agreement on behalf of the City of Dubuque and forward the executed copy to the Iowa Department of Economic Development for their approval. Passed, approved and adopted this 6th day of October, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Agreement with Hillcrest Family Services: City Manager recommending approval of an agreement with Hillcrest Family Services for the use of Murphy Park for a holiday light display. Upon motion the documents were received, filed, and approved. Cedar Street / City Island Pumping Station Project: City Manager recommending acceptance of the Cedar Street / City Island Pumping Station Project as completed by Portzen Construction of Dubuque Iowa, in the final amount of $1,441,581.41. Upon motion the documents were received and filed and Resolution No. 343-08 Accepting the Cedar Street / City Island Pumping Station Project was adopted. RESOLUTION NO. 343-08 ACCEPTING THE CEDAR STREET/DOG TRACK PUMP STATION IMPROVEMENTS AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Cedar Street/Dog Track Pump Station Improvements has been completed and the Engineer has examined the work stating the Project has been completed according to the terms of the Public Improvement Contract and 4 that the Water Pollution Control Manger recommends that the Project be accepted; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the Water Pollution Control Plant Manger is approved and the Project is hereby accepted with a final contract amount of $1,441,581.41. Section 2. The Finance Director is hereby directed to pay to the Contractor from 7101291 73211 CIP for the contract amount of $10,000.00. Passed, approved and adopted this 6th day of October, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Legislative Correspondence: Communication to State Legislators thanking them for their support to secure funding assistance to return passenger rail service to Dubuque. Upon motion the documents were received and filed. AmeriCorps School District Contract: City Manager recommending approval of the AmeriCorps’ Volunteer Contract with the Dubuque Community School District. Upon motion the documents were received, filed, and approved. Purchase of Property – 2345 Elm Street: City Manager recommending approval of the purchase of a residential dwelling located at 2345 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. 344-08 Approving the acquisition of real estate located at 2345 Elm Street in the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 344-08 APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 2345 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 fifty third 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 2 of Lot 1 of Lot 1 of Lot 106 in L.H. Langworthy’s Addition in the City of Dubuque, Iowa, according to the recorded Plat thereof at the cost of Sixty-five thousand dollars ($65,000). 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. Passed, approved and adopted this 6th day of October, 2008. Roy D. Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk 5 Purchase of Property – 2259 Prince Street: City Manager recommending approval of the purchase of a residential dwelling located at 2259 Prince 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. 345-08 Approving the acquisition of real estate located at 2259 Prince Street in the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 345-08 APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 2259 PRINCE 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 fifty second 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 53 in Sanford’s Subdivision in the City of Dubuque, Iowa, according to the recorded plat thereof at the cost of Eighty Seven Thousand dollars ($87,000). 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. Passed, approved and adopted this 6th day of October, 2008. Roy D. Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk Purchase of Property – 505 / 507 East 22nd Street: City Manager recommending approval of the purchase of a residential rental dwelling located at 505 / 507 East 22nd 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. 346-08 Approving the acquisition of real estate located at 505 / 507 East 22nd Street in the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 346-08 APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 505-507 EAST 22ND 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 fifty first property scheduled for acquisition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 6 Section 1. That the City of Dubuque hereby approves the acquisition of the following legally described property: Lot 1 of the Subdivision of lot 2 in Sanford’s Subdivision in the City of Dubuque, Iowa according to the recorded Plat thereof at the cost of Seventy Eight Thousand dollars ($78,000). 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. Passed, approved and adopted this 6th day of October, 2008. Roy D. Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk Purchase of Property – 2124 / 2126 Kniest Street: City Manager recommending approval of the purchase of a residential rental dwelling located at 2124 / 2126 Kniest 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. 347-08 Approving the acquisition of real estate located at 2124 / 2126 Kniest Street in the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 347-08 APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 2124-2126 KNIEST 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 fiftieth 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: The Southwesterly 110 feet of the Southeasterly 48 feet of the Southeasterly One-half of Lot 1 in L. Kniest’s Subdivision of Part of Mineral Lot 314, in the City of Dubuque, Iowa according to the recorded Plat of said subdivision, being so much of the Southeasterly One-Half of said Lot 1 of L. Kniest’s Subdivision as described by the following metes and bounds, to wit: Commencing at the Southeasterly corner of said Lot 1, thence running Northeasterly along the Southeasterly line of said Lot 1, 110 feet, thence Northwesterly, parallel with Kniest Street 48 feet, thence Southwesterly, parallel with the Southeasterly line of said Lot 1, 110 feet to Kniest Street, thence Southeasterly along Kniest Street 48 feet to the place of beginning. at the cost of Ninety Thousand dollars ($90,000). 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. 7 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 Passed, approved and adopted this 6th day of October, 2008. Roy D. Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk 28E Agreement – Iowa Alcoholic Beverages Division: City Manager recommending approval of a 28E Agreement with the Iowa Alcoholic Beverages Division regarding tobacco compliance checks. Upon motion the documents were received, filed, and approved. Certificate of Completion – Chavenelle Warehouse Development: City Manager recommending approval of the issuance of a Certificate of Completion to Chavenelle Warehouse Development, LLC acknowledging completion of their obligations to construct minimum improvements for Theisen Supply, Inc. in the Dubuque Industrial Center West. Upon motion the documents were received, filed, and approved. Holliday Third Addition - Stormwater Facilities Fee Agreement: City Manager recommending approval of the assignment of interest in the Stormwater Facilities Agreement for Holliday 3rd Addition from Gomer Holliday Development, LLC to West Hospitality, LLC. Upon motion the documents were received, filed, and approved. Liquor License Transfer: Request of Revive, Inc. to transfer the liquor license of The Gym from 1097 Elm Street to 1000 Jackson Street for a one-day event on October 11, 2008. Upon motion the document was 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. 348-08 Granting the issuance of a Class “C” Beer Permit to Target Store and Hy-Vee Gas #2; and Resolution No. 349-08 Granting the issuance of a Class “C” Beer/Liquor License to Grand River Center, Loras College Athletic/Wellness Center, The Grand Tap, Dog House, and Michael Paul’s; Special Class “C” Liquor License to Café Manna Java; Special Class “C” Liquor License (6 Month) to Mindframe Theaters; Class “B” Wine Permit to Target Store; and Class “B” Native Wine Permit to Solon Langworthy House were adopted. RESOLUTION NO. 348-08 Whereas, applications for Beer Permits have been submitted and filed 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 Ordinances of the City and 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 Beer Permit. CLASS “C” BEER PERMIT Target Corporation Target Store T-0086+(Sunday Sale) 3500 Dodge Street Hy-Vee, Inc. Hy-Vee Gas # 2+(Sunday Sale) 2435 NW Arterial Passed, approved and adopted this 6th day of October, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 8 RESOLUTION NO. 349-08 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 “C” BEER/LIQUOR LICENSE Platinum Hospitality Group Grand River 500 Bell Street Center+(Sunday/Outdoor Sale) Aramark Educational Services Loras College Athletic/Wellness 1600 Cox Street Center+(Sunday Sale) James Kohl The Grand Tap+(Sunday Sale) 802 Central Avenue Dog Gone Inc Dog House+(Sunday/Outdoor Sale) 1646 Asbury Road Michael Paul’s Inc Michael Paul’s+(Sunday/Outdoor 2728 Asbury Road Sale) SPECIAL CLASS “C” LIQUOR LICENSE Café Manna Java, LLC Café Manna Java 269 Main Street +(Sunday/Outdoor Sale) SPECIAL CLASS “C” LIQUOR LICENSE 6-MONTH Mindframe Multimedia Mindframe Theaters 555 J.F.K. Road +(Sunday Sales) CLASS “B” WINE Target Corporation Target Store T-0086 3500 Dodge Street CLASS “B” NATIVE WINE PERMIT (WBN) Keisha Wainwright Solon Langworthy House 264 Alpine Street Passed, approved and adopted this 6th day of October, 2008. 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: Arts and Cultural Affairs Advisory Commission (Business/Professional, Live/Work in Cultural District). One 3-year term through June 30, 2008 (Term of Weber). Applicant: Julie Steffen, 2260 Coates Street, Employed with Prudential Financial. Ms. Steffen spoke in support of her appointment. Appointments to the following Boards/Commissions: Environmental Stewardship Advisory Commission: One 3-year term through October 1, 2011 (Term of O’Toole). Applicants: Edward Cawley, 598 Needham Place; Marie Cigrand OSF, 1049 Rush Street (Additional Applicant); Brendan Houlihan, 2155 Morningview Road (Additional Applicant). Upon a tied vote, appointment was postponed to October 20, 2008. Human Rights Commission: One 3-year term through January 1, 2011 (Term of Chatfield). Applicant: Jim Allan, 850 Hawkeye Drive. Motion by Braig to appoint Jim Allan to the Human Rights Commission for a 3-year term through January 1, 2011. Seconded by Connors. Motion carried 6-0. Library Board of Trustees (Mayoral appointment): One 4-year term through July 1, 2009 9 (Term of Hauder). Applicants: Matthew Seamer, 432 Summit Street; Mike Willis, 1298 Locust Street, #2; Frederick Miller, 2462 Central Avenue (Additional Applicant). Mayor Buol appointed Mike Willis to the Library Board of Trustees for a 4-year term through July 1, 2009. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone to address the City Council. Amendment to Dubuque County Historical Society Lease: Proof of publication on notice of public hearing to consider an amendment to the Ice Harbor Lease with the Dubuque County Historical Society and consent to a conservation easement for property in the Ice Harbor in connection with a Save America’s Treasure Grant and City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 350-08 Disposing of an interest in real property by Third Amendment to Lease between the City of Dubuque, Iowa, and Dubuque County Historical Society, and Resolution No. 351-08 Approving consent to the granting of a Conservation Easement Agreement for preservation of the dredge William M. Black and its appurtenant vessels by Dubuque County Historical Society to the Historical Division of the Iowa Department of Cultural Affairs. Seconded by Lynch. Motion carried 6-0. RESOLUTION NO. 350-08 DISPOSING OF AN INTEREST IN REAL PROPERTY BY THIRD AMENDMENT TO LEASE BETWEEN THE CITY OF DUBUQE, IOWA AND DUBUQUE COUNTY HISTORICAL SOCIETY WHEREAS, the City of Dubuque, Iowa (City) and Dubuque County Historical Society (DCHS) entered into a Lease Agreement (Lease) on June 5, 2000 for certain real property (Demised Premises) described in Exhibit A thereto; and WHEREAS, City and DCHS amended the Lease by the First Amendment to Lease Agreement which substituted a new description for the Demised Premises; and WHEREAS, City and DCHS desire to again change the description of Demised Premises in the Lease; and WHEREAS, on October 6, 2008, the City Council pursuant to notice published as required by law held a public hearing on its intent to dispose of the foregoing interest in real property and overruled all objections thereto; AND WHEREAS, the City Council finds that it is in the best interest of the City to approve the disposition of such real property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, approves the Third Amendment to Lease Agreement attached hereto and the Mayor is hereby authorized and directed to sign this Resolution and the Third Amendment to Lease Agreement. WHEREAS, the City Council has tentatively determined that it would be in the best interests of the City to approve the Third Amendment to the Lease Agreement with DCHS. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The City Council of the City of Dubuque, Iowa, approves the Third Amendment to Lease Agreement attached hereto and the Mayor is hereby authorized and directed to sign this Resolution and the Third Amendment to Lease Agreement. Passed, approved and adopted this 6th day of October, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 10 RESOLUTION NO. 351-08 APPROVING CONSENT TO THE GRANTING OF A CONSERVATION EASEMENT AGREEMENT FOR PRESERVATION OF THE DREDGE AND ITS WILLIAM M. BLACK APPURTENANT VESSELS BY DUBUQUE COUNTY HISTORICAL SOCIETY TO THE Historical Division of the Iowa Department of Cultural Affairs WHEREAS, the City of Dubuque, Iowa (City) and Dubuque County Historical Society (DCHS) entered into a Lease Agreement (Lease) on June 5, 2000 for certain real property (Demised Premises) described in Exhibit A thereto; and WHEREAS, DCHS has requested that City consent to the granting of a Conservation Easement for Preservation of the Dredge William M. Black and Its Appurtenant Vessels (the Conservation Easement) by DCHS to the Historical Division of the Iowa Department of Cultural Affairs for the purpose of preserving the Dredge William M. Black and its appurtenant vessels, properties that are important culturally, historically, and architecturally; and WHEREAS, the Conservation Easement is a condition of the eligibility of DCHS for the financial assistance from the National Park Service of the United States Department of the Interior appropriated from the Historic Preservation Fund for the Save America’s Treasures Grant Program; and WHEREAS, the City Council finds that it is in the best interest of the City to consent to the granting of the Conservation Easement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The City Council of the City of Dubuque, Iowa, approves the consent to the Conservation Easement for Preservation of the Dredge William M. Black and Its Appurtenant Vessels attached hereto and the Mayor is hereby authorized and directed to sign this Resolution and the Consent therein. Passed, approved and adopted this 6th day of October, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Fiscal Year 2009 Budget Amendment: Proof of publication on notice of public hearing to consider the first amendment to the Fiscal Year 2009 Budget and City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 352-08 Approving Amendment No. 1 to the Fiscal Year 2009 Budget for the City of Dubuque. Seconded by Braig. Motion carried 6-0. RESOLUTION NO. 352-08 A RESOLUTION AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2009 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE: Section 1. Following notice published and the hearing held 10/06/2008, the current budget is amended as set herein and the detail by fund type and activity that supports this resolution which was considered at that hearing: Total Budget Total Budget as certified Current after Current or last amended Amendment Amendment Revenues & Other Financing Sources Taxes Levied on Property 1 17,959,420 0 17,959,420 Less: Uncollectted Property Taxes-Levy Year 2 0 0 0 11 Net Current Property Taxes 3 17,959,420 0 17,959,420 Delinquent Property Taxes 4 0 0 0 TIF Revenues 5 4,963,583 0 4,963,583 Other City Taxes 6 13,814,149 0 13,814,149 Licenses & Permits 7 1,340,904 0 1,340,904 Use of Money and Property 8 12,985,806 -15,000 12,970,806 Intergovernmental 9 19,888,363 21,775,068 41,663,431 Charges for Services 10 25,613,824 8,357 25,622,181 Special Assessments 11 325,000 1,138,510 1,463,510 Miscellaneous 12 5,618,842 2,065,922 7,684,764 Other Financing Sources 13 64,790,472 19,009,481 83,799,953 Total Revenues and Other Sources 14 167,300,363 43,982,338 211,282,701 Expenditures & Other Financing Uses Public Safety 15 21,203,436 209,239 21,412,675 Public Works 16 10,861,567 169,795 11,031,362 Health and Social Services 17 819,572 101,695 921,267 Culture and Recreation 18 8,562,808 13,711 8,576,519 Community and Economic Development 19 9,340,356 200,747 9,541,103 General Government 20 5,876,609 412,925 6,289,534 Debt Service 21 5,266,656 0 5,266,656 Capital Projects 22 40,019,989 22,209,937 62,229,926 Total Government Activities Expenditures 23 101,950,993 23,318,049 125,269,042 Business Type / Enterprises 24 40,932,184 13,636,252 54,568,436 Total Gov Activities & Business Expenditures 25 142,883,177 36,954,301 179,837,478 Transfers Out 26 39,076,325 10,291,218 49,367,543 Total Expenditures/Transfers Out 27 181,959,502 47,245,519 229,205,021 Excess Revenues & Other Sources Over (Under) Expenditures/Transfers Out Fiscal Year 28 -14,659,139 -3,263,181 -17,922,320 Continuing Appropriation 29 0 N/A 0 Beginning Fund Balance July 1 30 33,864,516 0 33,864,516 Ending Fund Balance June 30 31 19,205,377 -3,263,181 15,942,196 Passed this 6th day of October, 2008 Jeanne F. Schneider Roy D. Buol City Clerk Mayor Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Request to Address the City Council – John M. Walsh: Communication from John M. Walsh, 1295 North Booth Street, requesting to address the City Council concerning the minibus operation. Motion by Connors to receive and file. Seconded by Lynch. Mr. Walsh stated that he goes to dialysis three times per week and waits over an hour for a ride home. He requested more money be budgeted for the mini-bus operation. Buol stated that transportation was a priority of the City Council and hoped a solution could be found. Motion carried 6-0. Request to Address the City Council – Shirley Schroeder: Communication from Shirley Schroeder, 250 West 6th Street, requesting to address the City Council regarding security 12 around Ecumenical Towers. Motion by Lynch to receive and file. Seconded by Connors. Ms. Schroder spoke regarding the need for additional police presence around the building. Motion carried 6-0. Sale of Water Revenue Bonds: City Manager recommending the sale of $1,195,000 Water Revenue Bonds. Motion by Connors to receive and file the documents and adopt Resolution No. 353-08 Directing the sale of $1,195,000 Water Revenue Bonds, Series 2008D. Seconded by Voetberg. Finance Director Ken TeKippe and PFM Senior Managing Consultant Tianna Pooler stated that the City did extremely well with the sale. Motion carried 6-0. RESOLUTION NO. 353-08 RESOLUTION DIRECTING SALE OF $1,195,000 WATER REVENUE BONDS, SERIES 2008D WHEREAS, pursuant to notice as required by law, bids have been received at public sale for the Bonds described as follows and the best bid received is determined to be the following: $1,195,000 WATER REVENUE BONDS, SERIES 2008D: Bidder: Ruan Securities Corporation of Des Moines, Iowa The terms of said bid being: Purchase Price: $1,184,245.00 True Interest Cost: 4.7052% Net Interest Cost: $488,084.31 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the bid for the Bonds as above set out is hereby determined to be the best and most favorable bid received and, said Bonds are hereby awarded based on said bid. Section 2. That the form of contract for the sale of said Bonds is hereby approved and the Mayor and Clerk are authorized to execute the same on behalf of the City. Section 3. That the notice of the sale of the Bonds heretofore given and all acts of the Clerk done in furtherance of the sale of said Bonds are hereby ratified and approved. Section 4. That the preliminary Official Statement in the form presented to this meeting be and the same hereby is approved as to form, and prior action by the Finance Officer to deem final the same for purposes of Rule 15c2-12 of the Securities and Exchange Commission is hereby ratified, confirmed and approved. Passed and approved, this 6th day of October, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Sale of General Obligation Bonds: City Manager recommending the sale of $3,885,000 General Obligation Stormwater Bonds, Series 2008A; $3,290,000 General Obligation Urban Renewal Bonds, Series 2008B; and $2,465,000 General Obligation Urban Renewal Bonds, Taxable Series 2008C. Motion by Lynch to receive and file the documents and adopt Resolution No. 354-08 Directing the sale of $3,885,000 General Obligation Stormwater Bonds, Series 2008A; Resolution No. 355-08 Directing the sale of $3,290,000 General Obligation Urban Renewal Bonds, Series 2008B; and Resolution No. 356-08 Directing the sale of $2,465,000 General Obligation Urban Renewal Bonds, Taxable Series 2008C. Seconded by Braig. Motion carried 6-0. RESOLUTION NO. 354-08 RESOLUTION DIRECTING SALE OF $3,885,000 GENERAL OBLIGATION STORMWATER BONDS, SERIES 2008A 13 WHEREAS, pursuant to notice as required by law, bids have been received at public sale for the Bonds described as follows and the best bid received is determined to be the following: $3,885,000 GENERAL OBLIGATION STORMWATER BONDS, SERIES 2008A: Bidder: Piper Jaffray & Co. of Leawood, Kansas The terms of said bid being: Purchase Price: $ $3,848,607.40 True Interest Cost: 4.5702% Net Interest Cost: $2,039,119.35 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the bid for the Bonds as above set out is hereby determined to be the best and most favorable bid received and, said Bonds are hereby awarded based on said bid. Section 2. That the form of contract for the sale of said Bonds is hereby approved and the Mayor and Clerk are authorized to execute the same on behalf of the City. Section 3. That the notice of the sale of the Bonds heretofore given and all acts of the Clerk done in furtherance of the sale of said Bonds are hereby ratified and approved. Section 4. That the preliminary Official Statement in the form presented to this meeting be and the same hereby is approved as to form, and prior action by the Finance Officer to deem final the same for purposes of Rule 15c2-12 of the Securities and Exchange Commission is hereby ratified, confirmed and approved. Passed and approved, this 6th day of October, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 355-08 RESOLUTION DIRECTING SALE OF $3,290,000 GENERAL OBLIGATION URBAN RENEWAL BONDS, SERIES 2008B WHEREAS, pursuant to notice as required by law, bids have been received at public sale for the Bonds described as follows and the best bid received is determined to be the following: $3,290,000 GENERAL OBLIGATION URBAN RENEWAL BONDS, SERIES 2008B: Bidder: BMO Capital Markets of Chicago, Illinois The terms of said bid being: Purchase Price: $3,258,738.80 True Interest Cost: 4.2334% Net Interest Cost: $1,161,768.86 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the bid for the Bonds as above set out is hereby determined to be the best and most favorable bid received and, said Bonds are hereby awarded based on said bid. Section 2. That the form of contract for the sale of said Bonds is hereby approved and the Mayor and Clerk are authorized to execute the same on behalf of the City. Section 3. That the notice of the sale of the Bonds heretofore given and all acts of the Clerk done in furtherance of the sale of said Bonds are hereby ratified and approved. Section 4. That the preliminary Official Statement in the form presented to this meeting be and the same hereby is approved as to form, and prior action by the Finance Officer to deem final the same for purposes of Rule 15c2-12 of the Securities and Exchange Commission is hereby ratified, confirmed and approved. Passed and approved, this 6th day of October, 2008. Roy D. Buol, Mayor 14 Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 356-08 RESOLUTION DIRECTING SALE OF $2,465,000 GENERAL OBLIGATION URBAN RENEWAL BONDS, TAXABLE SERIES 2008C WHEREAS, pursuant to notice as required by law, bids have been received at public sale for the Bonds described as follows and the best bid received is determined to be the following: $2,465,000 GENERAL OBLIGATION URBAN RENEWAL BONDS, TAXABLE SERIES 2008C: Bidder: BMO Capital Markets of Chicago, Illinois The terms of said bid being: Purchase Price: $2,447,745.00 True Interest Cost: 5.5369% Net Interest Cost: $890,174.38 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the bid for the Bonds as above set out is hereby determined to be the best and most favorable bid received and, said Bonds are hereby awarded based on said bid. Section 2. That the form of contract for the sale of said Bonds is hereby approved and the Mayor and Clerk are authorized to execute the same on behalf of the City. Section 3. That the notice of the sale of the Bonds heretofore given and all acts of the Clerk done in furtherance of the sale of said Bonds are hereby ratified and approved. Section 4. That the preliminary Official Statement in the form presented to this meeting be and the same hereby is approved as to form, and prior action by the Finance Officer to deem final the same for purposes of Rule 15c2-12 of the Securities and Exchange Commission is hereby ratified, confirmed and approved. Passed and approved, this 6th day of October, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Morrison Brothers – Development Agreement: City Manager recommending approval of a Development Agreement with Morrison Brothers for expansion of their East Seventh Street facility. Motion by Lynch to receive and file the documents and adopt Resolution No. 357-08 Approving a Development Agreement for the expansion of Morrison Brothers Company at the East Seventh Street facility. Seconded by Connors. Motion carried 6-0. RESOLUTION NO. 357-08 A RESOLUTION APPROVING A DEVELOPMENT AGREEMENT FOR THE EXPANSION OF MORRISON BROS. COMPANY AT THE EAST SEVENTH STREET FACILITY. Whereas, it is the determination of this Council that approval of the Development Agreement for the expansion of Morrison Bros. Company’s operations in Dubuque according to the terms and conditions set out in the Development Agreement is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Development Agreement with Morrison Bros. Company is hereby accepted and approved. Section 2. That the Mayor is hereby authorized to execute, on behalf of the City Council of the City of Dubuque, Iowa, the attached Development Agreement with Morrison Bros. Company. 15 Passed, approved and adopted this 6th day of October, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk DuRide Contract: City Manager recommending approval of an agreement with DuRide to provide alternative transportation to senior citizens. Motion by Voetberg to receive and file the documents and approve. Seconded by Connors. Motion carried 6-0. Washington Neighborhood Initiatives: City Manager submitting a status report on the Washington Neighborhood Initiatives. Motion by Voetberg to receive and file the documents. Seconded by Lynch. Motion carried 6-0. Revocable Permit – James E. Underhill: City Manager recommending approval of the revocation of Ordinance No. 30-96, the revocable permit authorizing James E. Underhill to operate and maintain a building located in City right-of-way at 108 Terminal Street. 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 6-0. Motion by Connors for final consideration and passage of Ordinance No. 59-08 Revoking the revocable permit granted by Ordinance No. 30-96 to James E. Underhill to operate and maintain a building located within the Terminal Street right-of-way. Seconded by Braig. Motion carried 6-0. OFFICIAL PUBLICATION ORDINANCE NO. 59-08 REVOKING THE REVOCABLE PERMIT GRANTED BY ORDINANCE NO. 30-96 TO JAMES E. UNDERHILL TO OPERATE AND MAINTAIN A BUILDING LOCATED WITHIN THE TERMINAL STREET RIGHT-OF-WAY Whereas, Ordinance No. 30-96 granted a revocable permit to James E. Underhill to operate and maintain a building located within the Terminal Street right-of-way; and Whereas, the City Council has determined that the permit should now be revoked. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The permit granted by Ordinance No. 30-96 and all permission and authority to occupy the Terminal Street right-of-way is hereby revoked. Section 2. This ordinance shall take effect on publication. Passed, adopted and approved this 6th day of October, 2008. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald Newspaper the 10th day of October, 2008. /s/Jeanne F. Schneider, CMC, City Clerk Greater Downtown Urban Renewal District (First Reading on September 15, 2008): 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 6-0. Motion by Connors for final consideration and passage of Ordinance No. 60-08 Amending Ordinance Nos. 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 16 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 6-0. OFFICIAL PUBLICATION ORDINANCE NO. 60-08 AN ORDINANCE AMENDING ORDINANCE NOS. 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 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 have been combined into a single urban renewal area, under the terms of an Urban Renewal Plan for the Greater 17 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 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, 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. 63-07 (Ordinance 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: 18 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 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 19 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 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 20 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. (i). 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; 21 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. (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, the South Main Subarea, and the South Port 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. 300-08 on September 2, 2008, 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 22 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 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. 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 South Port 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. Passed and approved this 6th day of October, 2008. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald Newspaper the 10th day of October, 2008. /s/Jeanne F. Schneider, CMC, City Clerk Read first time: September 15, 2008 23 Read second time: October 6, 2008 Read third time: October 6, 2008 Passed and approved: October 6, 2008 Published: October 10, 2008 Dubuque Brewing and Malting Urban Renewal District (First Reading on September 15, 2008): 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 Voetberg. Motion carried 6-0. Motion by Connors for final consideration and passage of Ordinance No. 61-08 Providing that general property taxes levied and collected each year on all property located within the Dubuque Brewing and Malting 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 Dubuque Brewing & Malting Urban Renewal District. Seconded by Voetberg. Motion carried 6-0. OFFICIAL PUBLICATION ORDINANCE NO. 61-08 AN ORDINANCE PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE DUBUQUE BREWING & MALTING 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 DUBUQUE BREWING & MALTING URBAN RENEWAL DISTRICT REDEVELOPMENT PROJECT WHEREAS, the City Council of the City of Dubuque, Iowa, after public notice and hearing as prescribed by law and pursuant to Resolution No. 130-88 adopted on September 2, 2008, adopted an Urban Renewal Plan for an urban renewal area known as the Dubuque Brewing & Malting Urban Renewal District (the “Project Area”), which Project Area includes the lots and parcels described in said Urban Renewal Plan; and WHEREAS, expenditures and indebtedness are anticipated to be incurred in the future to finance urban renewal project activities carried out in furtherance of the foregoing Urban Renewal Plan; and WHEREAS, the City Council desires to provide for the division of revenue from taxation in the Project Area in accordance with the provisions of Section 403.19 of the Code of Iowa, as amended; 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: Section 1: For purposes of this Ordinance, the following terms shall have the following meanings: (a) Project Area shall mean that portion of the City of Dubuque, Iowa described in the Urban Renewal Plan for the Dubuque Brewing & Malting Urban Renewal District approved by 24 Resolution No. 301-08 on September 2, 2008, which Project Area includes the lots and parcels located within the area now legally described as follows: Lot 1-1-4, Lot 2-1-4, Lot 2-4, Balance of Lot 4, Lot 5, Lot 2-6, Lot 2-7 and Lot 1-1-3-8 all of Mineral Lot 322 in the City of Dubuque, Dubuque County, Iowa; and Lots A, B, C, D, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 all in Liebe’s Subdivision No. 2 in the City of Dubuque, Dubuque County, Iowa; and Lot 1-1, Lot 2-1, Lot 2, Lot 3 and Lot 4 all in Liebe’s Subdivision No. 3 in the City of Dubuque, Dubuque County, Iowa; and also including public right-of-way abutting thereto. (b) Urban Renewal Plan shall mean the Urban Renewal Plan for the Project Area approved in Resolution No. 301-08 on September 2, 2008. Section 2: The taxes levied on the taxable property in the 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: 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 Project Area upon the total sum of the assessed value of the taxable property in the Project Area, as shown on the assessment roll as of January 1 of the calendar year preceding the first calendar year in which the City of Dubuque certifies to the County Auditor the amount of loans, advances, indebtedness, or bonds payable from the division of property tax revenue described herein (which certification is directed to be made during the 2007 calendar year), 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 Project Area. Section 4: That portion of the taxes each year in excess of the base period taxes for the Project Area, determined as provided in Section 2 of this Ordinance, shall be allocated to and when collected be paid into a special tax increment fund hereby 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 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, but only to the extent authorized in 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 Project Area without any limitation as hereinabove provided. Section 5: Unless or until the total assessed valuation of the taxable property in the Project Area exceeds the total assessed value of the taxable property in said area as shown by the assessment roll referred to in Section 3 of this Ordinance, all of the taxes levied and collected upon the taxable property in the 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 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 fully implement the provisions of Section 403.19 of the Code of Iowa, as amended, with respect to the division of taxes from property within the Project Area as described above. In the event that any provision of this Ordinance shall be determined to be 25 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 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. Passed, approved and adopted this 6th day of October, 2008. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald Newspaper the 10th day of October, 2008. /s/Jeanne F. Schneider, CMC, City Clerk Read first time: September 15, 2008 Read second time: October 6, 2008 Read third time: October 6, 2008 Passed and approved: October 6, 2008 Application for Demolition Permit (First Reading on September 15, 2008): 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 6-0. Motion by Connors for final consideration and passage of Ordinance No. 62-08 Amending City of Dubuque Code of Ordinances Section 11-57 Application for Permit by adding a new Subsection (d) requiring the applicant to notify adjacent property owners of the filing of an application for a demolition permit. Seconded by Braig. Motion carried 6-0. OFFICIAL PUBLICATION ORDINANCE NO. 62-08 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES SECTION 11-57 APPLICATION FOR PERMIT BY ADDING A NEW SUBSECTION (d) REQUIRING THE APPLICANT TO NOTIFY ADJACENT PROPERTY OWNERS OF THE FILING OF AN APPLICATION FOR A DEMOLITION PERMIT Section 1. City of Dubuque Code of Ordinances § 11-57 is amended by adding the following new subsection: Section 11-57 Application For Permit. (d). The building official shall direct that the applicant send not less than ten (10) days after the filing of the application a notice of the filing of the application by first class mail to all owners of property adjacent to the property for which the permit is issued, describing the demolition and the date when demolition will commence. Prior to the issuance of the permit, the building official shall verify with the applicant that the required notice was sent. Section 2. This Ordinance shall take effect upon publication. Passed, approved and adopted the 6th day of October, 2008. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald Newspaper the 10th day of October, 2008. /s/Jeanne F. Schneider, CMC, City Clerk Purchase of Services Policies: City Manager providing information on the City of Dubuque Purchase of Service practices and requesting consideration of a possible work session. Motion by Lynch to receive and file the documents. Seconded by Connors. Upon discussion, Council concurred that this information will be used for the work session scheduled for October 20, 2008 at 4:00 p.m. Motion carried 6-0. 26 American Planning Association Award: City Manager advising that the City of Dubuque and MSA Professional Services have received the Iowa APA Planning Excellence Award for the Washington Neighborhood Revitalization Visioning Project - Grassroots Initiative Category. Motion by Lynch to receive and file the document. Seconded by Connors. Motion carried 6-0. East / West Connectivity Study Work Session: City Manager requesting that a work session be scheduled on November 3, 2008 regarding the East / West Connectivity Study. Motion by Lynch to receive and file the documents and approve. Seconded by Braig. Motion carried 6-0. Dean Rampson – 1829 Madison Street:City Manager recommending that Mr. Dean Rampson’s sewer assessment for work done at 1829 Madison Street not be rebated. Motion by Connors to receive and file and concur. Seconded by Lynch. Motion carried 5-1 with Resnick voting nay. Request for Staff Training: City Manager recommending approval of the expenditure of $6,510 to send Family Self-Sufficiency Program Coordinator Carroll Clark and two recent graduates of the “Getting Ahead in a Just Getting By World” Program to certification training. Motion by Connors to receive and file the documents and approve. Seconded by Braig. Motion carried 6-0. COUNCIL MEMBER REPORTS Council Members Connors, Lynch, and Voetberg reported on their trip to Sister City Handan, China. Lynch stated that the people of Handan were very willing to work with Dubuque and suggested a work session for further discussion. He then presented Mayor Buol with a gift from the City of Handan. Connors noted how excited the people of Handan were to see them and presented Mayor Buol with a gift from the City of Handan. Voetberg stated that Handan will be sending a delegation of top business people to visit New York, Los Angeles, and Dubuque and suggested scheduling a work session in October. PUBLIC INPUT Dean Ramson, 1829 Madison Street, requested his assessment on his former University Avenue property be rebated and stated that the City’s policy on assessments is inconsistent. CLOSED SESSION Motion by Connors at 7:55 p.m. to go into closed session regarding pending litigation and property acquisition pursuant to Chapter 21.5(1)(c)(j) 2007 Code of Iowa. Seconded by Braig. Motion carried 6-0. Upon motion the City Council reconvened in open session stating that staff had been given proper direction. There being no further business, upon motion the meeting adjourned at 8:39 p.m. /s/Jeanne F. Schneider, CMC City Clerk 27