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
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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
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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
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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
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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:
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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.
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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
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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
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(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
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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
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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
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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
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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;
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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
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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
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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
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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.
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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
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