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7 7 14 City Council Proceedings Official_RegularCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on July 7, 2014 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sut- ton; City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE PROCLAMATION(S) Civil Rights Act 50th Anniversary (July 2, 2014) was accepted by R.R.S Stewart and Jeff Lenhart of the Human Rights Commission; Fair Week (July 22-28, 2014) was accepted by Mayor Buol on behalf of the Dubuque County Fair Association. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Connors. Motion carried 7-0. 1. Minutes and Reports Submitted: Catfish Creek Watershed Management Authority of 4/22; Civil Service Commission of 6/12, 6/26; City Council Proceedings of 6/16; Community Development Advisory Commission of 6/18; Historic Preservation Commis- sion of 6/19; Housing Commission of 6/3; Human Rights Commission of 5/12, Library Board of Trustees of 5/22; Mechanical Code Board of 6/18; Proof of Publication for City Council Proceedings of 6/2, 6/16; Proof of Publication for List of Claims and Summary of Revenues for the Month Ended 5/31. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Claim by Nancy Berry for vehicle damage, Natalia Blaskovich for vehicle damage, Greg Borner for property damage, Debra Tully for vehi- cle damage, West Bend Mutual as Subrogee for Greg & Melissa Borner. Upon motion the documents were received, filed and referred to the City Attorney. 1 3. Disposition of Claims: City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As- surance Pool: Nancy Berry for vehicle damage, Natalia Blaskovich for vehicle damage, Greg Borner for property damage, Debra Tully for vehicle damage, West Bend Mutual for property damage. Upon motion the documents were received, filed and concurred. 4. Individual Governor's Volunteer Award: Correspondence from Governor Terry E. Branstad and Lt. Governor Kim Reynolds recognizing Police Chief Mark Da!sing and Public Health Specialist Mary Rose Corrigan for their commitment and service to the Dubuque Community through their service on the Project Concern and Dubuque County Early Childhood boards respectively. Upon motion the document was received and filed. 5. Community Development Block Grant Agreement: City Manager recommending approval of the execution of a Community Development Block Grant Agreement with the U.S. Department of Housing and Urban Development for the program year begin- ning July 1, 2014 and ending June 30, 2015. Upon motion the documents were received and filed and Resolution No. 182-14 Authorizing execution of a Community Develop- ment Block Grant Agreement with the U.S. Department of Housing and Urban Devel- opment was adopted. RESOLUTION NO. 182-14 AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT WITH THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVEL- OPMENT Whereas, under provisions of Title I of Housing and Community Development Act of 1974, as amended, the City of Dubuque prepared and submitted an Annual Action Plan for a Community Development Block Grant; and Whereas, the submission has been approved by the U.S. Department of Housing and Urban Development in the amount of $954,448 for a twelve month program year com- mencing July 1, 2014 and ending June 30, 2015; and Whereas, a grant agreement covering the activities proposed to be carried out with the Community Development Block Grant funds has been transmitted to the City of Dubuque by the U. S. Department of Housing and Urban Development. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Funding Approval/Agreement, authorized by the U.S. Department of Housing and Urban Development beginning July 1, 2014 for a Community Develop- ment Block Grant to the City of Dubuque in the amount of $954,448 and identified as Grant Number B -14 -MC -19-0004 is hereby accepted. Section 2. That the Mayor of the City of Dubuque be and he is hereby authorized and directed to execute said Agreement and related documents on behalf of the City of Dubuque, Iowa. Passed, approved and adopted this 7th day of July, 2014. Attest: Kevin S. Firnstahl, City Clerk 2 Roy D. Buol, Mayor 6. Healthy Homes & Childhood Lead Poisoning Prevention Program Con- tract/Subcontracts: City Manager recommending approval of a contract with the Dubu- que County Board of Health and the Iowa Department of Public Health for continued funding of the Childhood Lead Poisoning Prevention Program and a renewed agree- ment with the Visiting Nurse Association for services related to the Childhood Lead Poi- soning Prevention Program and Healthy Homes Program. Upon motion the documents were received, filed and approved. 7. Heritage Trail Parking Lot Grant Application: City Manager recommending approv- al of the City of Dubuque's DMATS Transportation Enhancement Program grant appli- cation for the County/City Heritage Trail Parking Lot along S. John Deere. Upon motion the documents were received and filed and Resolution No. 183-14 Authorizing DMATS Grant application for development of County/City Heritage Trail Parking Lot was adopt- ed. RESOLUTION NO. 183-14 AUTHORIZING DMATS GRANT APPLICATION FOR DEVELOPMENT OF COUN- TY/CITY HERITAGE TRAIL PARKING LOT Whereas, the Dubuque Metropolitan Area Transportation Study (DMATS) has allo- cated grant funds for the development of recreational trails and related amenities; and Whereas, the City of Dubuque has adopted the 2012 Comprehensive Plan which in- cludes objectives for enhanced accessibility for parks, trails, and open space, protection of scenic and cultural resources, and development of additional recreational trails. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Planning Services Manager is hereby authorized to submit an applica- tion to DMATS for a grant to develop the County/City Heritage Trail Parking Lot. Section 2. That in the event said application is approved, the City Council hereby provides its written assurance that the completed project will be adequately maintained for its intended use in accordance with grant requirements. Passed, approved and adopted this 7th day of July, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 8. Technology Park Urban Renewal Area Advance of Funds: City Manager recom- mending approval of the suggested proceedings approving an advance of funds for re- payment from the Technology Park Urban Renewal Tax Increment Revenue Fund and directing the filing of certification under Iowa Code Section 403.19. Prior to Fiscal Year 2013, the City paid for TIF related expenses directly out of the TIF fund. Upon motion the documents were received and filed and Resolution No. 184-14 Approving the ad- vance of funds for repayment from the Technology Park Urban Renewal Tax Increment Revenue Fund and directing the filing of Certification under Iowa Code Section 403.19 was adopted. 3 RESOLUTION NO. 184-14 APPROVING THE ADVANCE OF FUNDS FOR REPAYMENT FROM THE TECH- NOLOGY PARK URBAN RENEWAL TAX INCREMENT REVENUE FUND AND DI- RECTING THE FILING OF CERTIFICATION UNDER IOWA CODE SECTION 403.19 Whereas, the City of Dubuque, Iowa has established the Technology Park Urban Renewal Area (the "Urban Renewal Area") and is undertaking certain urban renewal projects within the Urban Renewal Area, and has incurred various related costs in con- nection with such projects consisting generally of stormwater fees, property mainte- nance, consulting engineers, equipment, legal services described on the attached schedule prepared by the Budget Director (the "Project Costs"); and Whereas, in order to advance funds for the Project Costs, it is necessary to make certain findings under Chapter 403; and Whereas, it is the intention of the City to certify the amount of funds so advanced, to- gether with interest, for reimbursement under Iowa Code Section 403.19; and Whereas, the amount of funds to be advanced for the Project Costs shall not exceed the aggregate amount of $3,240.00. NOW, THEREFORE, IT IS RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. Pursuant to Ordinance No. 65-97 there has been heretofore established the Technology Park Urban Renewal Area Tax Increment Revenue Fund (the "Tax In- crement Fund"), into which all incremental property tax revenues received from the Technology Park Urban Renewal Area are deposited. The Council finds the Project Costs to be eligible urban renewal project expenses as defined in Iowa Code Chapter 403, and further approves an advance of City funds for said Project Costs. Section 2. It is hereby determined that $3,240.00 has been or will be advanced dur- ing Fiscal Year 2013 to the Technology Park Urban Renewal Area Tax Increment Fund from the General Fund in order to pay the Project Costs. The advances collectively shall be treated as an internal loan (the "Loan") to the Technology Park Urban Renewal Fund and shall be repaid to the General Fund, from the first available tax increment revenues. Section 3. The Budget Director, and other City officials having responsibility for the books and records of the City, shall take such actions as are necessary to comply with this Resolution, including but not limited to inclusion of these amounts in the budget, advance and transfer of funds for the Project Costs, certification for reimbursement un- der Iowa Code Section 403.19 and compliance under Iowa Code Section 403.22. Passed and approved by the City Council of the City of Dubuque, Iowa, this 7th day of July, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 9. Greater Downtown Urban Renewal Area Advance of Funds: City Manager recom- mending approval of the suggested proceedings approving an advance of funds for re- payment from the Greater Downtown Urban Renewal Tax Increment Revenue Fund and directing the filing of certification under Iowa Code Section 403.19. Upon motion the documents were received and filed and Resolution No. 185-14 Approving the advance 4 of funds for repayment from the Greater Downtown District Urban Renewal Tax Incre- ment Revenue Fund and directing the filing of Certification under Iowa Code Section 403.19 was adopted. RESOLUTION NO. 185-14 APPROVING THE ADVANCE OF FUNDS FOR REPAYMENT FROM THE GREATER DOWNTOWN DISTRICT URBAN RENEWAL TAX INCREMENT REVENUE FUND AND DIRECTING THE FILING OF CERTIFICATION UNDER IOWA CODE SECTION 403.19 Whereas, the City of Dubuque, Iowa has established the Greater Downtown District Urban Renewal Area (the "Urban Renewal Area") and is undertaking certain urban re- newal projects within the Urban Renewal Area, and has incurred various related costs in connection with such projects consisting generally of stormwater fees, property mainte- nance, consulting engineers, legal services described on the attached schedule pre- pared by the Budget Director (the "Project Costs"); and Whereas, in order to advance funds for the Project Costs, it is necessary to make certain findings under Chapter 403; and Whereas, it is the intention of the City to certify the amount of funds so advanced, to- gether with interest, for reimbursement under Iowa Code Section 403.19; and Whereas, the amount of funds to be advanced for the Project Costs shall not exceed the aggregate amount of $48,910.08. NOW, THEREFORE, IT IS RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. Pursuant to Ordinance No. 33-11 there has been heretofore established the Greater Downtown Urban Renewal Area Tax Increment Revenue Fund (the "Tax Increment Fund"), into which all incremental property tax revenues received from the Greater Downtown Urban Renewal Area are deposited. The Council finds the Project Costs to be eligible urban renewal project expenses as defined in Iowa Code Chapter 403, and further approves an advance of City funds for said Project Costs. Section 2. It is hereby determined that $48,910.08 has been or will be advanced dur- ing Fiscal Year 2014 to the Greater Downtown Urban Renewal Area Tax Increment Fund from the General Fund in order to pay the Project Costs. The advances collective- ly shall be treated as an internal loan (the "Loan") to the Greater Downtown Urban Re- newal Fund and shall be repaid to the General Fund, from the first available tax incre- ment revenues. Section 3. The Budget Director, and other City officials having responsibility for the books and records of the City, shall take such actions as are necessary to comply with this Resolution, including but not limited to inclusion of these amounts in the budget, advance and transfer of funds for the Project Costs, certification for reimbursement un- der Iowa Code Section 403.19 and compliance under Iowa Code Section 403.22. Passed and approved by the City Council of the City of Dubuque, Iowa, this 7th day of July, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 5 10. Dubuque Industrial Center Urban Renewal Area Advance of Funds: City Manager recommending approval of the suggested proceedings approving an advance of funds for repayment from the Dubuque Industrial Center Urban Renewal Tax Increment Rev- enue Fund and directing the filing of certification under Iowa Code Section 403.19. Up- on motion the documents were received and filed and Resolution No. 186-14 Approving the advance of funds for repayment from the Dubuque Industrial Center Urban Renewal Tax Increment Revenue Fund and directing the filing of Certification under Iowa Code Section 403.19 was adopted. RESOLUTION NO. 186-14 APPROVING THE ADVANCE OF FUNDS FOR REPAYMENT FROM THE DUBUQUE INDUSTRIAL CENTER URBAN RENEWAL TAX INCREMENT REVENUE FUND AND DIRECTING THE FILING OF CERTIFICATION UNDER IOWA CODE SECTION 403.19 Whereas, the City of Dubuque, Iowa has established the Dubuque Industrial Center Urban Renewal Area (the "Urban Renewal Area") and is undertaking certain projects within the Urban Renewal Area, consisting generally of land acquisition, paving and grading, construction of public utilities, consultant services, legal services, landscaping, engineering services, signage and stormwater utility fees (the "Project"); and Whereas, in order to advance funds for the Project Costs, it is necessary to make certain findings under Chapter 403; and Whereas, it is the intention of the City to certify the amount of funds so advanced, to- gether with interest, for reimbursement under Iowa Code Section 403.19; and Whereas, the amount of funds to be advanced for the Project Costs shall not exceed the aggregate amount of $5,012.50. NOW, THEREFORE, IT IS RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. Pursuant to Ordinance No. 70-08 there has been heretofore established the Dubuque Industrial Center Urban Renewal Area Tax Increment Revenue Fund (the "Tax Increment Fund"), into which all incremental property tax revenues received from the Dubuque Industrial Center Urban Renewal Area are deposited. The Council finds the Project to be an Urban Renewal Project as defined in Iowa Code Chapter 403, and further approves an advance of City funds for said Project. Section 2. It is hereby determined that $5,012.50 has been or will be advanced dur- ing Fiscal Year 2014 to the Dubuque Industrial Center Urban Renewal Area Tax Incre- ment Fund from the General Fund in order to pay the Project Costs. The advances col- lectively shall be treated as an internal loan (the "Loan") to the Dubuque Industrial Cen- ter Urban Renewal Fund and shall be repaid to the General Fund, from the first availa- ble tax increment revenues. Section 3. The Budget Director, and other City officials having responsibility for the books and records of the City, shall take such actions as are necessary to comply with this Resolution, including but not limited to inclusion of these amounts in the budget, advance and transfer of funds for the Project Costs, certification for reimbursement un- der Iowa Code Section 403.19 and compliance under Iowa Code Section 403.22. 6 Passed and Approved by the City Council of the City of Dubuque, Iowa, this 7th day of July, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 11. Conveyance of Vacated Alley Property Adjacent to 440 Klingenberg Terrace: City Manager recommending conveyance of vacated alley property adjacent to 440 Klingen- berg Terrace to Nathan and Sarah Morfold through Quit Claim Deed. Upon motion the documents were received and filed and Resolution No. 187-14 Authorizing the convey- ance of Lot 1 of Lot 4 and Lot 1 of Lot 5 and Lots 8 and 9 in C. A. Voelker's Addition, in the City of Dubuque, Iowa, to Nathan J. Morfold and Sarah J. Morfold was adopted. RESOLUTION NO. 187-14 AUTHORIZING THE CONVEYANCE OF LOT 1 OF LOT 4 AND LOT 1 OF LOT 5 AND LOTS 8 AND 9 IN C.A. VOELKER'S ADDITION, IN THE CITY OF DUBUQUE, IOWA, TO NATHAN J. MORFOLD AND SARAH J. MORFOLD Whereas, the City Council of the City of Dubuque by Ordinance adopted November 30, 1931, vacated the alley lying first west of Paul Street, parallel to Paul Street and Rosaline Street, and lying between Lowell Street and Klingenberg Terrace; and Whereas, the Ordinance also provided that the alley was granted to the owners of the lots abutting the alley on the east and west side; and Whereas, a conveyance of the property was reaffirmed by Resolution No. 21-50, but a Deed to the property was never conveyed to the owners of the abutting property; and Whereas, Nathan and Sarah Morfold are now the owners of the property abutting on the east side of the alley and have requested a Quit Claim Deed to the east ten feet (10') of the vacated alley. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the conveyance of the East 10 feet of the vacated alley lying between Lot 1 of Lot 4 and Lot 1 of Lot 5 and Lots 8 and 9 In C.A. Voelker's Addition, in the City of Dubuque, Iowa, to Nathan J. Morfold and Sarah J. Morfold pursuant to the Quit Claim Deed attached hereto is hereby approved. Section 2. The Mayor is authorized and directed to execute the Quit Claim Deed, a copy of which is attached hereto. The City Clerk is hereby authorized and directed to record a copy of this Resolution in the Office of the Dubuque County Recorder and to deliver the Quit Claim Deed to Nathan J. Morfold and Sarah J. Morfold. Passed, approved and adopted this 7th day of July, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 12. 2014 Access Ramp Installation Project — Award: City Manager recommending that the award for the 2014 Access Ramp Installation Project -Phase I be officially rec- orded in the minutes of the City Council. Upon motion the documents were received, filed and made a Matter of Record. 7 13. Sanitary Sewer Cured -in -Place Pipe (CIPP) Lining Project FY 15 Award: City Manager recommending award of the contract for the Sanitary Sewer Cured -in -Place Pipe (CIPP) Lining FY 15 Project to the low bidder, Visu-Sewer, Inc. Upon motion the documents were received and filed and Resolution No. 188-14 Awarding public im- provement contract for FY2015 Sewer Cured -in -Place Pipe (CIPP) Lining Project was adopted. RESOLUTION NO. 188-14 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR FY2015 SEWER CURED -IN- PLACE PIPE (CIPP) LINING PROJECT Whereas, sealed proposals have been submitted by contractors for the FY2015 Sewer Cured -In -Place Pipe (CIPP) Lining Project (the Project) pursuant to Resolution No. 150-14 and Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa on the 23rd day of May, 2014, and Whereas, said sealed proposals were opened and read on the 19th day of June, 2014 and it has been determined that Visu-Sewer, Inc. of Pewaukee, WI with a base bid pro- posal in the amount of $254,825.20, is the responsive, responsible bidder for the Pro- ject, and Whereas, it has been determined that it is in the best interest of the City of Dubuque to enter into an improvement contract with Visu-Sewer, Inc. for said 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 Visu-Sewer, Inc. 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 7th day of July, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 14. Wingate Place No. 5 - Acceptance of Subdivision Improvements: City Manager recommending acceptance of the public improvements that the developers, GNZ Prop- erties, Inc.; L. Wingate Properties, LLC; and D. Wingate Real Estate, LLC, have recently completed in Wingate Place No. 5, with the exception of the stormwater detention facili- ties. Upon motion the documents were received and filed and Resolution No. 189-14 Accepting public improvements in Wingate Place No. 5 in the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 189-14 ACCEPTING PUBLIC IMPROVEMENTS IN WINGATE PLACE NO. 5 IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to Resolution 63-12, certain public improvements including street paving with curb, storm sewer and catch basins, storm water detention facilities, sani- tary sewer, watermain, and street lighting were installed by the developer of Wingate Place No. 5 in the City of Dubuque, Iowa; and Whereas, the improvements, except for storm water detention facilities, have been completed and the City Manager has examined the work and has filed a certificate stat - 8 ing that the same has been completed in accordance with the plans approved by the City Council and in conformance with City specifications, and has recommended that the improvements be accepted by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said public improvements in Wingate Place No. 5, except for the storm water detention facili- ties, be and the same is hereby accepted. Section 2. That maintenance of said public improvements shall be the responsibility of the owners, GNZ Properties Inc., L. Wingate Properties LLC, and D. Wingate Real Estate LLC, for a period of two (2) years from the date of this resolution. Passed, approved and adopted this 7th day of July, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 15. North Ridge Estates Subdivision - Acceptance of Lot B: City Manager recom- mending acceptance of the dedication of Lot B in North Ridge Estates Subdivision as access to the detention basin. Upon motion the documents were received and filed and Resolution No. 190-14 Accepting Lot B in North Ridge Estates Subdivision, in the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 190-14 ACCEPTING LOT B IN NORTH RIDGE ESTATES SUBDIVISION, IN THE CITY OF DUBUQUE, IOWA Whereas, Lots A (Roosevelt Road), Lot E (Marisa Ridge), Lot F (Cayden Court), Lot G (Peru Road), Lot C (Detention Area), and Lot B (Access to Detention Area) of the Fi- nal Plat of North Ridge Estates Subdivision in the City of Dubuque, Iowa were dedicated to the public for the described purposes; and Whereas, Pursuant to Resolution No. 198-12, Lots A (Roosevelt Road), Lot E (Mari- sa Ridge), Lot F (Cayden Court), Lot G (Peru Road) and Lot C (Detention Area), of the Final Plat of North Ridge Estates Subdivision in the City of Dubuque, Iowa were accept- ed by the City of Dubuque for the described purposes. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque wishes to now accept the dedication of Lot B of the Final Plat of North Ridge Estates Subdivision for the purposes of accessing and maintaining Lot C (Detention Area). Section 2. That the dedication of Lot B of the Final Plat of North Ridge Estates Sub- division in the City of Dubuque, Iowa, is hereby accepted. Passed, adopted and approved this 7th day of July, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 16. Pebble Cove Subdivision and Subdivision No. 2 - Acceptance of Lot B and Lot A: City Manager recommending acceptance of the dedication of Lot B of Pebble Cove Subdivision and Lot A of Pebble Cove Subdivision No. 2 as detention basin lots. Upon 9 motion the documents were received and filed and Resolution No. 191-14 Accepting Lot B in Pebble Cove Subdivision and Lot A in Pebble Cove Subdivision No. 2, in the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 191-14 ACCEPTING LOT B IN PEBBLE COVE SUBDIVISION AND LOT A IN PEBBLE COVE SUBDIVISION NO. 2, IN THE CITY OF DUBUQUE, IOWA Whereas, Lot C (Peach Tree Lane), Lot D (Charleston Court), Lot A (Park Land), and Lot B (Park Land and Detention Basin), of the Final Plat of Pebble Cove Subdivision in the City of Dubuque, Iowa were dedicated to the public for the described purposes; and Whereas, Lot C (Charleston Court), Lot A (Detention Basin), and Lot B (Park Land), of the Final Plat of Pebble Cove No. 2 Subdivision in the City of Dubuque, Iowa were dedicated to the public for the described purposes; and Whereas, Pursuant to Resolution No. 171-08, Lot C (Peach Tree Lane), Lot D (Charleston Court), and Lot A (Park Land), of the Final Plat of Pebble Cove Subdivision in the City of Dubuque, Iowa were accepted by the City of Dubuque for the described purposes; and Whereas, Pursuant to Resolution No. 171-08, Lot C (Charleston Court), and Lot B (Park Land), of the Final Plat of Pebble Cove No. 2 Subdivision in the City of Dubuque, Iowa were accepted by the City of Dubuque for the described purposes; and Whereas, Lot B of the Final Plat of Pebble Cove Subdivision and Lot A of the Final Plat of Pebble Cove Subdivision No. 2 have not yet been accepted for the described purposes. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque wishes to now accept the dedication of Lot B of the Final Plat of Pebble Cove Subdivision. Section 2. That the City of Dubuque wishes to now accept the dedication of Lot A of the Final Plat of Pebble Cove Subdivision No. 2. Section 3. That the dedication of Lot B of the Final Plat of Pebble Cove Subdivision and Lot A of Pebble Cove Subdivision No. 2 in the City of Dubuque, Iowa, are hereby accepted. Passed, adopted and approved this 7th day of July, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 17. Sustainable Dubuque Quarterly Report: City Manager transmitting the Sustaina- ble Dubuque Quarterly Report for the months of March through May, 2014. Upon mo- tion the documents were received and filed. 18. Request for Proposal - Financial Advisory Services: City Manager is recommend- ing approval to distribute a Request for Proposal for financial advisor services for the City of Dubuque. Upon motion the documents were received, filed and approved. 10 19. Property Acquisition - 516 Lincoln Avenue: City Manager recommending acquisi- tion of 516 Lincoln Avenue as part of the Bee Branch Creek Restoration Project. Upon motion the documents were received and filed and Resolution No. 192-14 Approving the acquisition of real estate owned by James Reibling, D/B/A Mid-America Property, LLC, in the City of Dubuque was adopted. RESOLUTION NO. 192-14 APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY JAMES REIBLING, D/B/A MID -AMERICA PROPERTY, LLC, IN THE CITY OF DUBUQUE Whereas, the City of Dubuque intends to acquire certain real estate located immedi- ately adjacent to the area of the Bee Branch Creek Restoration Project (Project) for stormwater mitigation activities as recommended in the 2001 "Drainage Basin Master Plan" as amended in 2013; and Whereas, this certain real estate is not currently part of or located within the Bee Branch Creek Restoration Project; and Whereas, the owners of this certain real estate approached the City of Dubuque vol- untarily and proposed that the City of Dubuque acquire the property for possible future addition to, but not currently as part of, the Bee Branch Creek Restoration Project; and Whereas, Lincoln Avenue will be closed to thru traffic as a result of the Project ne- cessitating the construction of a new connection between Lincoln Avenue and Rhom- berg Avenue (Lincoln Ave Extension) to allow vehicular and pedestrian traffic to and from Audubon Elementary School; and Whereas, the property originally identified to be acquired to allow for the Lincoln Ave- nue Extension would only allow for a one-way street in close proximity to the proposed Rhomberg Avenue Bridge; and Whereas, purchasing this certain real estate will allow for the Lincoln Avenue Exten- sion to accommodate two-way traffic and be farther away from the proposed Rhomberg Avenue Bridge resulting in traffic better sight lines; and Whereas, the acquisition of this real estate is a voluntarily negotiated purchase by the City of Dubuque under Section 6B.1A of the Code of Iowa, and is not an acquisition by the City of Dubuque through its exercise of the power of eminent domain under Chapter 6B of the Code of Iowa; and Whereas, a purchase agreement has been finalized with the owner of the real estate scheduled for acquisition and an Acknowledgment of Voluntary Negotiation has been executed by the owner. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa hereby approves the acquisition of the fol- lowing legally described real estate: LOT 10 in High Street Subdivision and the vacated portion of Troy Street abutting said Lot 10 all in the City of Dubuque, Iowa at the cost of One Hundred Twenty Thousand and 00/100 Dollars ($120,000.00). Section 2. That the City of Dubuque be and is hereby authorized to accept a Warran- ty Deed from the owners, conveying the owner's interest to the City of Dubuque, Iowa for the herein described real estate. 11 Section 3. That the City Attorney be and is hereby authorized and directed to cause said Warranty Deed to be recorded in the office of the Dubuque County Recorder, to- gether with a certified copy of this Resolution. Section 4. That the City Attorney be and 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 7th day of July, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 20. Request for Proposal - Environmental Professional Services Contract: City Man- ager recommending approval to distribute a Request for Proposal for environmental professional services related to capital improvement projects, soil and groundwater management, health and safety planning, training for City staff, and community out- reach, as well as oversight of the Brownfields Assessment Cooperative Agreement Grant. Upon motion the documents were received, filed and approved. 21. Contracted Services Agreement - America's River Corporation Fiscal Year 2015: City Manager recommending execution of a Contracted Services Agreement with Amer- ica's River Corporation. Upon motion the documents were received, filed and approved. 22. Purchase of Service Agreement - Dubuque Regional Humane Society: City Man- ager recommending approval of a one-year Purchase of Service Agreement with the Dubuque Regional Humane Society. Upon motion the documents were received, filed and approved. 23. Iowa Economic Development Authority - Community Energy Management Tech- nical Assistance Application: City Manager recommending approval of an application to the Iowa Economic Development Authority's City Energy Management Technical Assis- tance program to assist in creating an Energy Action Plan that will provide staff with technical assistance to monitor energy conservation and efficiency across the organiza- tion. Upon motion the documents were received, filed and approved. 24. Mediacom Communications Company: Correspondence from Mediacom Com- munications Company advising that it is increasing its fee for returned payments due to nonsufficient funds on or about August 1, 2014. Upon motion the documents was re- ceived and filed. 25. Civil Service Commission: Civil Service Commission submitting the certified lists for the positions of Bee Branch Creek Communications Specialist, Fire Department promotional positions, Landfill Equipment Operator, Lead Mechanic, Maintenance Elec- trician, and Police Officer. Upon motion the documents were received and filed. 12 May 29, 2014 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Bee Branch Watershed Project Communications Specialist was administered on April 15, 2014. We hereby certify that the individuals listed below have passed this written examination and the vacancy for this position should be made from this list and that this list is good for two (2) years from above date. Bee Branch Watershed Project Communications Specialist 1 Roxanne Klaas 14 Justin Milligan 27 Mara Felton 2 Jill Kruse 15 Bryan Beck! 28 Rachael Hansen 3 Brad Schweikert 16 Jennifer Kizer 29 Rebecca Kuhle 4 Amanda Dolter 17 Jessie Nelson 30 Steven Vetarbo 5 Sam Horsch 18 Sarah Petersen 31 Damian Waid 6 Susan Leute 19 Roger Coffin 32 Samantha Bacon 7 Larry Loeppke 20 Gwen Lewis 33 Daniel Bardy 8 Meredith Flattery 21 Judy Ludowitz 34 Gina Hodgson 9 Nicholas Hockenberry 22 Robert Ostrowski 35 Corrine Kroger 10 Katherine Benzer 23 Jill Gansemer 36 Todd Robottom 11 Peggy Degnan 24 Dawn Grierson 37 Doug Frank 12 Kristin Hill 25 Victoria Hinderman 38 Kelly Kluesner 13 Joshua Jorgenson 26 Jason Waddell 39 Brad Minnis 40 Chelsea Mitchell Respectfully submitted, /s/Dan White, Chairman Civil Service Commission May 29, 2014 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, examinations for the positions of Fire Equipment Operator, Fire Lieutenant, Fire Captain, EMS Supervisor, Assistant Fire Chief, and Assistant Fire Marshal were given on April 22-24, 2014. We hereby certify that the individuals listed below have passed these written examinations and the vacan- cy for these positions should be made from this list and that this list is good for two (2) years from above date. Assistant Fire Marshal 1. Jesse Coulson 2. Derek Paulson 3. David Grass 4. Martin Fitzpatrick 13 Fire Lieutenant 1. Dale Rader 2. Amie Wilson 3. Jesse Coulson 3. Jason Lueken 4. Kyle Burke * 4. Dave McQuiggin 5. Ed Lahey 6. Todd Sieverding 7. Mark Weitz * 7. Brian McAuliffe' Fire Captain 1. Greg Harris 2. David Beeves 3. Dave McQuiggin 3. Jerrod Atkinson * 4. David Grass 5. Ted George 6. Derek Paulson * 6. John Fitzgerald * EMS Supervisor 1. David Grass 2. Derek Paulson 3. Dennis Bradley Assistant Fire Chief 1. Lawrence Ewert 2. Kevin Esser 3. Wayne Dow * 3. Joseph Blodgett * 4. Charles Blasen * 4. Greg Harris * 5. Michael McMahon 6. Ted George Fire Equipment Operator 1. Jason Lueken 2. Nathan Miller 3. Todd Sieverding 4. Thomas Williams Eligible Employees: Michael Lynch for Fire Equipment Operator and Fire Lieutenant *denotes tied scores 14 Respectfully submitted, /s/Dan White, Chairperson Civil Service Commission May 29, 2014 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Landfill Equipment Operator was administered on May 6, 2014. We hereby certify that the individuals listed below have passed this written examination and the vacancy for this position should be made from this list and that this list is good for two (2) years from above date. Landfill Equipment Operator 1. Tim Neuhaus 2. William Gansen 3. Steve Haggerty 4. Cletus Urbain 5. Louis Vorwald 6. James Sparrgrove 7. Doug Kuehn 8. Derek Duehr 9. Eric Quade 10. Richard Zeller Respectfully submitted, /s/Dan White, Chairman Civil Service Commission July 28, 2014 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, a promotional examination for the position of Maintenance Worker was administered on July 9, 2014. We hereby certify that the individuals listed below have passed this written promotional examination and the vacancy for this position should be made from this list and that this list is good for two (2) years from above date. Maintenance Worker 1. Steven Gerardy 2. Jerome Ben 3. Dave Hanson 4. Richard Zeller 5. Lucas Gonyier 6. Mark Meyer 7. Jayson Freiburger 8. Randall Sertle 15 9. James Smith 10. Terry Leibold Respectfully submitted, /s/Dan White, Chairman Civil Service Commission June12, 2013 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Police Officer was administered on March 22, 2014. We hereby certify that the individu- als listed below have passed this written examination and the vacancy for this position should be made from this list and that this list is good until April 30, 2015. Police Officer 1 Jason Malave 14 Levi Dorris 27 Jwan Brookins 2 Kurt Diestelmeier 15 John Herra 28 Justin Dura 3 Zachary Ramage 16 Brandon Gudenkauf 29 Nicole Salazar 4 Kimberly Hoover 17 Chad Crabill 30 Benedict Miller 5 Tyler Hunt 18 Stephen McDermott 31 Zachary O'Shea 6 Spenser Hartman 19 Justin Brinkman 32 Clinton Ferguson 7 Daniel Swalve 20 Keil Fuchs 33 Nathan Wall 8 Chad Welsh 21 Arturo Lorant 34 Stephen Waterman 9 Scott Plumb 22 Ben Strautmann 35 Neil Lecuas 10 Jeffrey Schmidt 23 Jordan Waddick 36 Andrew Weber 11 Steven Boyd 24 Bradley Reed 37 Andrew Harwardt 12 Mathew Drosopoulos 25 Joseph McCullough 38 Corinne Pearce 13 Taylor Amlin 26 John Corey 39 Joseph Swedenhjelm 40 Chase Wells Respectfully Submitted, /s/Daniel White, Chairperson Civil Service Commission 26. Housing Trust Fund Committee: Correspondence from the Housing Commission advising that Commissioner Amy Eudaley will serve its liaison to the Housing Trust Fund Committee. Upon motion the document was received, filed and approved. 27. East Central Intergovernmental Agency (ECIA) Project Management Contract - Bus Storage Facility: City Manager recommending approval of a proposal from East Central Intergovernmental Association (ECIA) to assist the City with technical and pro- ject management services in connection with the Dubuque Jule Transit Bus Storage Facility. Upon motion the documents were received, filed and approved. 16 28. Golder Associates Cultural Resources Survey for Radio Tower: Correspondence from Golder Associates advising that it is conducting a cultural resources survey related to a Positive Train Control Radio Tower project and potential effects on historic proper- ties. Upon motion the document was received, filed and referred to the City Manager. 29. Office of the Governor Correspondence: Correspondence from Ben Hammes, Policy Advisor in the Office of the Governor, responding to the City's inquiry regarding greyhound racing legislation. Upon motion the documents were received and filed. 30. City Manager Employment Agreement - 23rd Amendment: Submittal of the 23rd Amendment to the City Manager's Employment Agreement for approval. Upon motion the documents were received, filed and approved. 31. Hillcrest Family Services - Murphy Park Agreement: City Manager recommending approval of an agreement with Hillcrest Family Services for use of Murphy Park from October 30, 2014 through January 10, 2015 to set up a holiday light display. Upon mo- tion the documents were received, filed and approved. 32. Hillcrest Family Services - Flora Park Parking License Agreement: City Manager recommending approval of a one-year Parking License Agreement with Hillcrest Family Services, Inc. for 30 parking spaces in the Wilbright Lane parking lot in Flora Park. Up- on motion the documents were received, filed and approved. 33. Signed Contracts: Proposed FY15 Waste Delivery Contract with the Dubuque Metropolitan Area Solid Waste Agency (DMASWA). Upon motion the document was re- ceived and filed. 34. Alcohol Compliance Civil Penalty for Alcohol License Holders — Oky Doky #8 Foods: City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Oky Doky Store #8 Foods, 535 Hill Street. Upon motion the documents were received, filed and approved. 35. Tobacco Compliance — Civil Penalty for Tobacco License Holders — Oky Doky #8 Foods: City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Oky Doky Store #8 Foods, 535 Hill Street. Upon motion the documents were received, filed and approved. 36. Alcohol and Tobacco License Applications: City Manager recommending approv- al of annual liquor, beer, wine and tobacco licenses applications as submitted. Upon motion the documents were received and filed and Resolution No. 193-14 Approving applications for beer, liquor, and/or wine permits, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Arti- cle B Liquor, Beer and Wine Licenses and Permits; and Resolution No. 194-14 Approv- ing applications for retail cigarette/tobacco sales permits, as required by Iowa Code 453A.47A were adopted. 17 RESOLUTION NO. 193-14 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQ- UOR, BEER AND WINE LICENSES AND PERMITS Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted and filed with the City Council for approval and the same have been examined and ap- proved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and the applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Clerk is hereby authorized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required documentation: Renewals Bell Tower Productions 2728 Asbury Rd. Special Class C Liquor (Sunday) Casey's General Store #2420 2699 Rockdale Rd. Class E Liquor, B Native Wine, Class C Beer (Sunday) Casey's General Store #2421 4003 Peru Rd. Class E Liquor, B Native Wine, Class C Beer (Sunday) House Of China Co 170 J.F. K. Rd. Class C Liquor (Sunday) Hy -Vee Club Room 2395 NW Arterial Special Class C Liquor (Sunday) Knicker's Saloon 2186 Central Ave. Class C Liquor (Outdoor) (Liv- ing Quarters) (Sunday) Special Event Dubuque Area Labor -Mgt Council Aug. 8th Town Clock Plaza Class B Beer (Outdoor) Shannon's Bar & Grill July 19th 521 E 22nd St Class C Liquor (Sunday) New 1st & Main 101 Main St. Class C Liquor (Sunday) W.E. Wholesale Outlet 2040 Kerper Blvd. Adding Class B Native Wine Murph's Tap 55 Locust St. Class C Liquor (Sunday) Passed, approved and adopted this 7"' day of July, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 194-14 APPROVING APPLICATIONS FOR RETAIL CIGARETTE/TOBACCO SALES PER- MITS, AS REQUIRED BY IOWA CODE 453A.47A Whereas, applications for Cigarette/Tobacco Sales have been submitted and filed with the City Council for approval and the same have been examined and approved; and 18 Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and the applicants have filed the proper fees and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Clerk is hereby authorized and directed to cause to be issued the following named applicants and locations for cigarette/tobacco sales permit. Aragon Tap 1103 Iowa St. Awn Stop Mart Inc. 1998 Jackson St. Dollar General #10074 2400 Gateway Dr. Dollar General #6896 605 West Locust St. Dollar General #7289 3250 Kennedy Cir Ste 9 Dubuque Quick Stop Mart 1401 Central Ave. Friendly Locust Mart 408 W. Locust St Hartig Drug #2 157 Locust St. Hartig Drug #3 2255 JFK Rd. Hartig Drug #4 2225 Central Ave. Hartig Drug #8 1600 University Ave. Lucky 13 385 East 13th St. Tececig 555 JFK Rd. #9015T The Great Vape 3250 Central Ave. Passed, approved and adopted this 7"' day of July, 2014. Roy Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk ITEMS TO BE SET FOR PUBLIC HEARING Motion by Connors to receive and file the documents, adopt the resolutions, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Jones. Motion carried 7-0. 1. Chaplain Schmitt Island Master Plan: City Manager recommending that the City Council set a public hearing for July 21, 2014, on the Chaplain Schmitt Island Master Plan. Upon motion the documents were received and filed and Resolution No. 195-14 Setting a public hearing on the Chaplain Schmitt Island Master Plan was adopted set- ting a public hearing for a meeting to commence at 6:30 p.m. on July 21, 2014 in the Historic Federal Building. RESOLUTION NO. 195-14 SETTING A PUBLIC HEARING ON THE CHAPLAIN SCHMITT ISLAND MASTER PLAN Whereas, the City of Dubuque and Mystique Casino / Dubuque Racing Association (DRA) have jointly funded the creation of a Master Plan for Chaplain Schmitt Island; and Whereas, the Master Plan will identify opportunities and partnerships for develop- ment and improvements, including an economic feasibility/market study; and 19 Whereas, the 2012 Dubuque Comprehensive Plan includes goals and objectives for riverfront development. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council hereby sets a public hearing on the Chaplain Schmitt Island Master Plan for July 21, 2014 at 6:30 PM in the City Council Chamber, Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa. Passed, approved and adopted this 7th day of July, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 2. SRF Green Alley Project Bid Set 5 - Year 1: City Manager recommending prelimi- nary approval of the Resolution of Necessity, approve the Preliminary Schedule of As- sessments, authorize the City Clerk to advertise for bid proposals through the adoption of resolutions for the SRF Green Alley Bid Set 5 — Year 1 Project, and establish August 4, 2014 as the public hearing date. Upon motion the documents were received and filed and Resolution No. 196-14 Preliminary approval of plans, specifications, form of con- tract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and ordering the advertisement for bids; Resolution No. 197-14 Approving the plats, Schedule of Assessments and estimate of total cost for the SRF Green Alley Bid Set 5 — Year 1 Project; Resolution No. 198-14 Resolution of Ne- cessity for the SRF Green Alley Bid Set 5 - Year 1 Project; and Resolution No. 199-14 Fixing date of public hearing on Resolution of Necessity were adopted setting a public hearing for a meeting to commence at 6:30 p.m. on August 4, 2014 in the Historic Fed- eral Building. RESOLUTION NO. 196-14 SRF GREEN ALLEY BID SET 5 — YEAR 1 PROJECT PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPEC- IFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the SRF Green Alley Bid Set 5 — Year 1 Project in the estimated amount $138,880.63, are here- by preliminarily approved and ordered filed in the office of the City Clerk for public in- spection. A public hearing will be held on the 4th day of August, 2014, at 6:30 p.m. in the His- toric Federal Building Council Chambers at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At 20 the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. The SRF Green Alley Bid Set 5 — Year 1 Project is hereby ordered to be advertised for bids for construction. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. The City Clerk is hereby directed to advertise for bids for the construction of the im- provements herein provided, by publishing the attached Notice to Bidders to be pub- lished in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four but not more than forty-five days before the date for filing bids before 2:00 p.m. on the 7th day of August, 2014. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final action at 6:30 p.m. on the 18th day of August, 2014, in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. Passed, adopted and approved this 7th day of July, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 197-14 APPROVING THE PLATS, SCHEDULE OF ASSESSMENTS AND ESTIMATE OF TOTAL COST FOR THE SRF GREEN ALLEY BID SET 5 — YEAR 1 PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the attached plats, schedule of assessments, and estimate of total cost for the SRF Green Alley Bid Set 5 — Year 1 Project are hereby approved. Passed, approved and adopted this 7h day of July, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 198-14 RESOLUTION OF NECESSITY FOR THE SRF GREEN ALLEY BID SET 5 - YEAR 1 PROJECT Whereas, the plat, schedule of assessments, and estimate of total cost for the SRF Green Alley Bid Set 5 — Year 1 Project have been duly prepared and approved by the City Council of the City of Dubuque and ordered placed on file in the office of City Clerk. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The SRF Green Alley Bid Set 5 — Year 1 Project will provide: • Reconstruction of two (2) alleys using interlocking concrete pavers • Reconstruction of the pavement surface with interlocking concrete pavers • Installation of concrete pavement to hold bricks in place • Installation of concrete street headers and driveway headers • Installation of ADA detectible warning panels and miscellaneous sidewalk at alley crossings. 21 There is on file in the office of the City Clerk an estimated total cost of the work, and a preliminary plat and schedule showing the amount proposed to be assessed to each lot for the improvement. The date, time, and place the council will hear property owners subject to the as- sessment and interested parties for or against the improvement, its cost, the assess- ment, or the boundaries of the district. That the City Council deems it advisable and necessary for the public welfare to make the herein mentioned improvements. Unless a property owner files objections with the City Clerk at the time of hearing on the resolution of necessity, the property owner is deemed to have waived all objections pertaining to the regularity of the proceeding and the legality of using the special as- sessment procedure. Said improvements shall be constructed in accordance with the plans and specifica- tions which have been approved by the City Council and are now on file in the Office of the City Clerk. The cost of making such improvement will be assessed against property lying with the assessment limits. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 7th day of July, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 199-14 FIXING DATE OF PUBLIC HEARING ON RESOLUTION OF NECESSITY Whereas, the City Council of the City of Dubuque, Iowa, has given its preliminary ap- proval to the plat, schedule of assessments, and estimated total cost for the SRF Green Alley Bid Set 5 — Year 1 Project and ordered the plat, schedule of assessments, and es- timate of total cost placed on file in the Office of the City Clerk; and Whereas, the proposed Resolution of Necessity for Project has been introduced and is now on file in the Office of the City Clerk. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The City Council will meet on the 4th day of August, 2014, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. at which time the owners of property subject to assessment for the proposed improve- ment or any other person having an interest in the matter may appear and be heard for or against the making of the improvement, the boundaries of the district, the cost, the assessment against any lot, or the final adoption of a resolution of necessity. A property owner will be deemed to have waived all objections unless at the time of hearing the property owner has filed objections with the City Clerk. The City Clerk be and is hereby authorized and directed to cause a notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published once each week for two consecutive weeks, the first publication of which shall be not less than ten days prior to the day fixed for its consideration. 22 Passed, adopted and approved this 7th day of July, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 3. SRF Green Alley Project Bid Set 1 - Year 2: City Manager recommending prelimi- nary approval of the Resolution of Necessity, approve the Preliminary Schedule of As- sessments, authorize the City Clerk to advertise for bid proposals through the adoption of resolutions for the SRF Green Alley Bid Set 1 — Year 2 Project, and establish August 4, 2014 as the public hearing date. Upon motion the documents were received and filed and Resolution No. 200-14 Preliminary approval of plans, specifications, form of con- tract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and ordering the advertisement for bids; Resolution No. 201-14 Approving the plats, schedule of assessments and estimate of total cost for the SRF Green Alley Bid Set 1 - Year 2 Project; Resolution No. 202-14 Resolution of Ne- cessity for the SRF Green Alley Bid Set 1 - Year 2 Project; and Resolution No. 203-14 Fixing date of public hearing on Resolution of Necessity was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on August 4, 2014 in the Historic Fed- eral Building. RESOLUTION NO. 200-14 SRF GREEN ALLEY BID SET 1 YEAR 2 PROJECT PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPEC- IFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the SRF Green Alley Bid Set 1 — Year 2 Project in the estimated amount $916,106.95, are here- by preliminarily approved and ordered filed in the office of the City Clerk for public in- spection. A public hearing will be held on the 4th day of August, 2014, at 6:30 p.m. in the His- toric Federal Building Council Chambers at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. The SRF Green Alley Bid Set 1 —Year 2 Project is hereby ordered to be advertised for bids for construction. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. The City Clerk is hereby directed to advertise for bids for the construction of the im- provements herein provided, by publishing the attached Notice to Bidders to be pub - 23 fished in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four but not more than forty-five days before the date for filing bids before 2:00 p.m. on the 7th day of August, 2014. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final action at 6:30 p.m. on the 18th day of August, 2014, in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. Passed, adopted and approved this 7th day of July, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 201-14 APPROVING THE PLATS, SCHEDULE OF ASSESSMENTS AND ESTIMATE OF TOTAL COST FOR THE SRF GREEN ALLEY BID SET 1 - YEAR 2 PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the attached plats, schedule of assessments, and estimate of total cost for the SRF Green Alley Bid Set 1 — Year 2 Project are hereby approved. Passed, approved and adopted this r h day of July, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 202-14 RESOLUTION OF NECESSITY FOR THE SRF GREEN ALLEY BID SET 1 - YEAR 2 PROJECT Whereas, the plat, schedule of assessments, and estimate of total cost for the SRF Green Alley Bid Set 1 — Year 2 Project have been duly prepared and approved by the City Council of the City of Dubuque and ordered placed on file in the office of City Clerk. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The SRF Green Alley Bid Set 1 - Year 2 Project will provide: • Reconstruction of Eight (8) alleys using interlocking concrete pavers • Reconstruction of the pavement surface with interlocking concrete pavers. • Installation of concrete pavement to hold bricks in place. • Installation of concrete street headers and driveway headers • Installation of ADA detectible warning panels and miscellaneous sidewalk at alley crossings. There is on file in the office of the City Clerk an estimated total cost of the work, and a preliminary plat and schedule showing the amount proposed to be assessed to each lot for the improvement. The date, time, and place the council will hear property owners subject to the as- sessment and interested parties for or against the improvement, its cost, the assess- ment, or the boundaries of the district: That the City Council deems it advisable and necessary for the public welfare to make the herein mentioned improvements. Unless a property owner files objections with the City Clerk at the time of hearing on the resolution of necessity, the property owner is deemed to have waived all objections 24 pertaining to the regularity of the proceeding and the legality of using the special as- sessment procedure. Said improvements shall be constructed in accordance with the plans and specifica- tions which have been approved by the City Council and are now on file in the Office of the City Clerk. The cost of making such improvement will be assessed against property lying with the assessment limits. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 7th day of July, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 203-14 FIXING DATE OF PUBLIC HEARING ON RESOLUTION OF NECESSITY Whereas, the City Council of the City of Dubuque, Iowa, has given its preliminary ap- proval to the plat, schedule of assessments, and estimated total cost for the SRF Green Alley Bid Set 1 — Year 2 Project and ordered the plat, schedule of assessments, and es- timate of total cost placed on file in the Office of the City Clerk; and Whereas, the proposed Resolution of Necessity for Project has been introduced and is now on file in the Office of the City Clerk. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The City Council will meet on the 4th day of August, 2014, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. at which time the owners of property subject to assessment for the proposed improve- ment or any other person having an interest in the matter may appear and be heard for or against the making of the improvement, the boundaries of the district, the cost, the assessment against any lot, or the final adoption of a resolution of necessity. A property owner will be deemed to have waived all objections unless at the time of hearing the property owner has filed objections with the City Clerk. The City Clerk be and is hereby authorized and directed to cause a notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published once each week for two consecutive weeks, the first publication of which shall be not less than ten days prior to the day fixed for its consideration. Passed, adopted and approved this 7th day of July, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 4. Iowa Department of Natural Resources - Mines of Spain Lease Agreement: City Manager recommending that a public hearing be set for July 21, 2014 on an Amended Agreement between the City of Dubuque and the Iowa Department of Natural Re- sources to add t e E.B. Lyons Interpretive Area Addition (Bottoms Farm) to the City's lease with the Iowa Department of Natural Resources. Upon motion the documents were received and filed and Resolution No. 204-14 Setting a public hearing on the Sec- ond Amendment of Lease Agreement with Iowa Department of Natural Resources for the E. B. Lyons Interpretive Area Addition; and an additional Resolution No. 205-14 25 Resolution of Intent to amend the agreement between the City of Dubuque and the Iowa Department of Natural Resources for the lease of certain real property for the E. B. Ly- ons Prairie Woodland Preserve and Nature Interpretive Center were adopted setting a public hearing for a meeting to commence at 6:30 p.m. on July 21, 2014 in the Historic Federal Building. RESOLUTION NO. 204-14 SETTING A PUBLIC HEARING ON SECOND AMENDMENT OF LEASE AGREE- MENT WITH IOWA DEPARTMENT OF NATURAL RESOURCES FOR THE E.B. LY- ONS INTERPRETIVE AREA ADDITION Whereas, the Iowa Department of Natural Resources has a lease agreement with the City of Dubuque for the E.B. Lyons Interpretive Center and 30 -acre Interpretive Area at Mines of Spain State Recreation Area owned by the City of Dubuque; and Whereas, the City of Dubuque has retained ownership of the 52 -acre E.B. Lyons In- terpretive Area Addition; and Whereas, it is advantageous to have the E.B. Lyons Interpretive Center, Interpretive Area, and Interpretive Area Addition under lease by the Iowa Department of Natural Re- sources; and Whereas, the Iowa Department of Natural Resources has agreed to amend the lease agreement with the City of Dubuque to include the E.B. Lyons Interpretive Area Addi- tion. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council hereby sets a public hearing on the second amend- ment of the Lease agreement with the Iowa Department of Natural Resources for the E.B. Lyons Interpretive Area Addition for July 21, 2014 at 6:30 PM in the City Council Chamber, Historic Federal Building, 350 W. 61h Street, Dubuque, Iowa. Passed, approved and adopted this 7th day of July, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 205-14 INTENT TO AMEND THE AGREEMENT BETWEEN THE CITY OF DUBUQUE AND THE IOWA DEPARTMENT OF NATURAL RESOURCES FOR THE LEASE OF CER- TAIN REAL PROPERTY FOR THE E.B. LYONS PRAIRIE -WOODLAND PRESERVE AND NATURE INTERPRETIVE CENTER Whereas, on June 6, 1983, the City of Dubuque (City) and the Iowa Conservation Commission entered into a lease Agreement (the Agreement) for the following de- scribed real property, referred to as "the Preserve", as described in that Agreement: Lots 2 and 3 of the northeast one-quarter of the southeast one-quarter of section 1, township 88 north, range 2 east of fifth prime meridian; lots 2 and 3 of the northwest one-quarter of the southwest one-quarter, lots 2 and 3 of the northeast one-quarter of the southwest one-quarter, and lot 2 of lot 1 of southwest one- quarter of the southwest one-quarter of section 6, township 88 north, range 3 east of the fifth prime meridian in Dubuque County, Iowa, according to the re- spective recorded plats thereof, containing thirty acres more or less; and 26 Whereas, the Iowa Department of Natural Resources (DNR) is the successor agency to the Iowa Conservation Commission and has assumed the Iowa Conservation Com- mission's interests and obligations in the Agreement; and Whereas, effective September 17, 2001, City and DNR entered into the First Amendment to the Agreement to also include the area known as Riprow Valley in the Preserve, legally described as follows: Lot 3 of Fraction Government Lot 1, in Section 5, T88N, and R3E of the 5th P.M. in the City of Dubuque, Dubuque County, Iowa; and Whereas, City has acquired additional property legally described as follows: Lot 1 of JQ Acres in Section 1, Table Mound Township, Dubuque County, Iowa; Lot 1 of the NW 1/4 of the SW 1/4 and the SW 1/4 of the NW 1/4 of Section 6, Town- ship 88 North, Range 3 East of the 5th P.M., Dubuque County, Iowa, according to the United States Government Survey and the recorded plats thereof; and Whereas, City and DNR desire to further amend the Agreement to include the addi- tional property owned by City in the Preserve; and Whereas, the City Council intends to amend the Agreement to include the foregoing described property. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council will conduct a public hearing on the proposed Sec- ond Amendment to Agreement attached hereto in the City Council Chambers at the His- toric Federal Building, 350 W. 6th Street, Dubuque, Iowa on the 21st day of July, 2014 beginning at 6:30 p.m. to add the following described real property to the Agreement: Lot 1 of JQ Acres in Section 1, Table Mound Township, Dubuque County, Iowa; Lot 1 of the NW 1/4 of the SW 1/4 and the SW 1/4 of the NW 1/4 of Section 6, Town- ship 88 North, Range 3 East of the 5th P.M., Dubuque County, Iowa, according to the United States Government Survey and the recorded plats thereof. Section 2. That the City Clerk be and is hereby authorized and directed to publish no- tice of the public hearing according to law. Passed, approved and adopted this 7th day of July, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk BOARDS/COMMISSIONS Appointments to the following commissions were made at this meeting: 1. Cable TV Commission: Two, 3 -year terms through July 1, 2017 (Expiring terms of Maloney and Tigges). Applicants: Pauline Maloney, 506 St. George St.; and Ronald Tigges, 4927 Wild Flower Dr. Motion by Braig to appoint Ms. Maloney and Mr. Tigges to 3 year terms through July 1, 2017. Seconded by Resnick. Motion carried 7-0. 2. Catfish Creek Watershed Management Authority: One, 2 -year term through July 16, 2017 (Expiring term of Hoyer). Applicant: Will Hoyer, 1311 Tomahawk Dr. Motion by Jones to appoint Mr. Hoyer to a 2 -year term through July 16, 2017. Seconded by Lynch. Motion carried 7-0. 27 3. Historic Preservation Commission: Four 3 -year terms through July 1, 2017 (Expir- ing terms of Klavitter, Monk, Rapp, and Schlarman). Applicants: David Klavitter, 1090 West 3rd St. (Qualifies for the Langworthy District); Christina Monk, 2005 N. Main St. (Qualifies as an Architect At -Large); Joseph Rapp, 27 Locust Street (Additional Appli- cant; Qualifies for Old Main District -Interim); and Julie Schlarman, 1331 Jackson St. (Currently serves as Cathedral District — Interim). Motion by Braig to appoint Mr. Klavit- ter, Ms. Monk, Mr. Rapp, and Ms. Schlarman to 3 -year terms through July 1, 2017. Se- conded by Resnick. Motion carried 7-0. 4. Housing Commission: One, 3 -year term through August 17, 2015 (Vacant term of McAllister): Applicant: Lisa Eubanks, 2641 Owen Ct. Apt 32 (Qualifies as a Section 8 recipient). Motion by Lynch to appoint Ms. Eubanks to a 3 -year term through August 17, 2017. Seconded by Connors. Motion carried 7-0. 5. Human Rights Commission: One, 3 -year term through January 1, 2016 (Vacant term of Helgager) and One, 3 -year term through January 1, 2017 (Vacant term of Beacham). Applicants: Frederick Davis Jr., 1584 White St.; Rachael Ferraro, 2538 Jackson St. (Application withdrawn); Ashley Melchert, 1257 % Jackson St. Motion by Braig to appoint Ashley Melcher to a 3 -year term through January 1, 2017. Seconded by Jones. Motion carried 7-0. Following Council discussion regarding achieving gender balance on this commission, Braig motioned to continue to post the other vacancy for an additional 3 months in order to provide opportunity for additional female applicants. Seconded by Connors. Motion carried 4-3 with Jones, Lynch and Resnick voting nay. 6. Investment Oversight Advisory Commission: One, 3 -year term through July1, 2017 (Expiring term of Lassance). Applicant: Paul Lassance, 4846 Embassy Ct. Motion by Connors to appoint Mr. Lassance to a 3 -year term through July 1, 2017. Seconded by Jones. Motion carried 7-0. 7. Library Board of Trustees: Two, 4 -year terms through July 1, 2018 (Vacant terms of Guns and Miller). Applicants: Patricia Poggemiller, 3423 Arrowwood Ln.; Jon Trotter, 2576 Hilton Spring Dr. Following Council concurrence, Mayor Buol appointed Ms. Poggemiller and Mr. Trotter to the Library Board of Trustees for 4 -year terms through July 1,2018. 8. Long Range Planning Advisory Commission: Two, 3 -year terms through July 1, 2017 (Expiring terms of Beytien and Vincent). Applicants: Craig Beytien, 1091 Valentine Dr; and Alan Vincent, 1010 Dunham Dr. Motion by Jones to appoint Mr. Beytien and Mr. Vincent to 3 -year terms through July 1, 2017. Seconded by Lynch. Motion carried 7-0. 9. Park and Recreation Advisory Commission: Three, 3 -year terms through June 30, 2017 (Expiring terms of Kennicker, Klinge and Nadeau). Applicants: Michelle Hinke, 973 Patricia Ann Dr. (Additional Applicant); Paul Hoffmann, 174 Bradley St.; Robin Kennick- er, 904 Lincoln Ave.; Kenneth Klinge, 2267 Carter Rd. Upon roll call vote, Mr. Hoffmann, Ms. Kennicker, and Mr. Klinge were appointed to 3 -year terms through June 30, 2017. (Hinke: Connors, Jones, Braig, Buol), (Hoffmann: Lynch Resnick, Sutton, Braig, Buol), (Kennicker: 7), (Klinge: Connors, Jones, Lynch, Resnick, Sutton) 10. Transit Advisory Board: Three, 3 -year terms through July 30, 2017 (Expiring terms of Enderson. Lightcap and Stewart). Applicants: George Enderson, 511 St. George St.; Joel Lightcap, 1985 Alta Vista St.; Don Stedman, 2092 Grant St.; R.R.S. Stewart, 460 Summit St. Upon roll call vote Mr. Enderson, Mr. Stedman, and Ms. Stew - 28 art were appointed to 3 -year terms through July 30, 2017. (Enderson 7), (Lightcap: Connors, Resnick), (Stedman: Jones, Lynch, Sutton, Braig, Buol), (Stewart: 7) 11. Zoning Advisory Commission: Three, 3 -year terms through July 1, 2017 (Expiring terms of Christ and Henschel and vacant term of Smith). Applicants: Steve Baumhover, 2084 Rosemont St.; Martha Christ, 88 Princeton PI.; Thomas Henschel, 1857 Creek Wood Dr. Motion by Jones to appoint Mr. Baumhover, Ms. Christ, and Mr. Henschel to 3 -year terms through July 1, 2017. Seconded by Jones. Motion carried 7-0. PUBLIC HEARINGS 1. Dubuque Industrial Center - PUD Amendment (Tabled June 5, 2011): City Manag- er, as the applicant's representative, requesting that this item be withdrawn prior to the public hearing. Request from the City of Dubuque/ Dubuque Initiatives to amend the Planned Unit Development (PUD) for the Dubuque Industrial Center, located on Cha- venelle Road and the Northwest Arterial, to change the designation of property from open space to commercial and Zoning Advisory Commission recommending approval, with conditions. Motion by Connors to remove from the table. Seconded by Lynch. Mo- tion carried 7-0. Motion by Connor to accept withdrawal of the application. Seconded by Braig. Motion carried 7-0. ACTION ITEMS 1. Code of Ordinances - Title 13 Fats, Oils and Grease (FOG) Program: City Manag- er recommending approval of the Collection System Management Operation and Maintenance (CMOM) enhanced Fats, Oils, and Grease (FOG) Program, along with the associated Ordinance amendments. Motion by Jones 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 Connors. Motion carried 7-0. City Environmental Engineer Denise Ihrig provided a slide presentation on the FOG program. Water & Resource Recovery Center Manager Jonathan Brown and Ms. Ihrig responded to questions regarding compliance, enforcement residential education com- ponent, and determination of fees. Motion by Jones for final consideration and passage of Ordinance No. 42-14 Amend- ing City of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 2 Sewers and Sewage Disposal, Article D Industrial Pretreatment Program by Adding Definitions Re- lating to Fats, Oils, and Greases (Fog) and Modifying the Publicly Owned Treatment Works Definition; and Creating a New Article E Fats, Oils, and Greases (Fog) Program Which Directs the City Manager to Develop a Written Fog Program Which will Govern the Installation, Proper Use of, Maintenance, Repair, Replacement of, and Recordkeep- ing Required for Systems Discharging Fog into the Publicly Owned Treatment Works; and Amending Title 14 Building And Development, Chapter 1 Building Codes, Article H Plumbing Code to Reflect a Change in the International Plumbing Code Provision Adopting Regulations of Grease Interceptors and Automatic Grease Removal Devices 29 to Require Maintenance in Accordance With Both the Manufacturer's Instructions and the City of Dubuque Fog Program and to Eliminate an Exception for Small Outdoor In- terceptors. Seconded by Connors. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 42-14 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC UTILI- TIES, CHAPTER 2 SEWERS AND SEWAGE DISPOSAL, ARTICLE D INDUSTRIAL PRETREATMENT PROGRAM BY ADDING DEFINITIONS RELATING TO FATS, OILS, AND GREASES (FOG) AND MODIFYING THE PUBLICLY OWNED TREAT- MENT WORKS DEFINITION; AND CREATING A NEW ARTICLE E FATS, OILS, AND GREASES (FOG) PROGRAM WHICH DIRECTS THE CITY MANAGER TO DEVELOP A WRITTEN FOG PROGRAM WHICH WILL GOVERN THE INSTALLATION, PROP- ER USE OF, MAINTENANCE, REPAIR, REPLACEMENT OF, AND RECORDKEEP- ING REQUIRED FOR SYSTEMS DISCHARGING FOG INTO THE PUBLICLY OWNED TREATMENT WORKS; AND AMENDING TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE H PLUMBING CODE TO RELECT A CHANGE IN THE INTERNATIONAL PLUMBING CODE PROVISION ADOPTING REGULATIONS OF GREASE INTERCEPTORS AND AUTOMATIC GREASE RE- MOVAL DEVICES TO REQUIRE MAINTENANCE IN ACCORDANCE WITH BOTH THE MANUFACTURER'S INSTRUCTIONS AND THE CITY OF DUBUQUE FOG PROGRAM AND TO ELIMINATE AN EXCEPTION FOR SMALL OUTDOOR INTER- CEPTORS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Title 13, Chapter 2, Article D of the City of Dubuque Code of Ordinances is amended to read as follows: 13-2D-2: DEFINITIONS: Unless the context specifically indicates otherwise, the following terms and phrases, as used in this article, shall have meanings hereinafter designated: FATS, OILS, AND GREASES (FOG): Organic polar compounds derived from animal and/or plant sources that contain multiple carbon chain triglyceride molecules. These substances are detectable and measurable using analytical test procedures established in 40 CFR 136, as may be amended from time to time. A wide range of food preparation activities including, but not limited to the following, can generate fats, oils and grease: cooking by frying, baking, grilling, sauteing, rotisserie cooking, broiling, boiling, blanch- ing, roasting, toasting, poaching, infrared heating, searing, barbequing or other food preparation activities that produce a food product in or on receptacles that require wash- ing and/or cleaning. All are sometimes referred to herein as "grease", "greases", or "FOG". FOOD ESTABLISHMENT (FE): A place where food is prepared and intended for in- dividual portion service, whether consumption occurs on or off the premises. These fa- cilities include, but are not limited to, restaurants, food manufacturers, food processors, commercial kitchens, hospitals, schools, hotels and motels, bakeries, caterers, schools, religious institutions, correctional facilities, prisons, nursing homes, care facilities, and 30 any other facility preparing, serving or otherwise making any foodstuff available for con- sumption. PUBLICLY OWNED TREATMENT WORKS (POTW): A treatment works which is owned by a municipality as defined by Section 503(4) of the Clean Water Act. This defi- nition includes any devices and systems used in the storage, treatment, recycling, and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes all sewers, pipes, and other conveyances that convey wastewater to a POTW Treat- ment Plant. The term also means the municipality as defined in Section 502(4) of the Act, which has jurisdiction over the indirect discharges to and the discharges from such treatment works. For purposes of this ordinance, the terms "sanitary sewer system" and "POTW" may be used interchangeably. Section 2. Title 13, Chapter 2 of the City of Dubuque Code of Ordinances is amended by adding the following new article: ARTICLE E. FATS, OILS AND GREASES (FOG) PROGRAM 13-2E-1: PURPOSE: The purpose of this article is to set forth the uniform requirements for users of the City of Dubuque's publically owned treatment works (POTW) to capture and dispose of fats, oils, and greases (FOG) in accordance with all applicable local, state and federal laws. 13-2E-2: DEFINITIONS: For purposes of this Article the definitions contained in section 13-2D-2 are govern- ing. 13-2E-3: PERMIT: A. All FEs proposing to connect to or contribute to the POTW must obtain a dis- charge permit before connecting to or contributing to the POTW. B. New FEs must complete and file with the city manager an application for a dis- charge permit prior to issuance of the certificate of occupancy and/or food establish- ment license. C. All existing FEs' connected to or contributing to the POTW must obtain and pay for a discharge permit in accordance with the approved program. D. Renewal Discharge Permit applications are due in accordance with the approved program. 13-2E-4: APPLICATION: FEs' required to obtain a discharge permit must complete and file with the city manager an application in the form prescribed by the city. 13-2E-5: PERMIT FEE: A permit application under this title must be submitted along with the required fee, as established by resolution of the city manager. 13-2E-6: FATS, OILS AND GREASES (FOG) PROGRAM: The city manager shall develop, with the approval of the city council, a written FOG program which shall govern the installation, maintenance, repair, replacement, licensing, enforcement and record- keeping required for systems discharging FOG into the POTW. 13-2E-7: INSPECTION FEE: Routine inspections per the FOG program inspection cycle will incur no inspection fee. Subsequent inspections which follow a violation will be subject to additional inspection fees as established per the FOG program. 31 13-2E-8: VIOLATION: A failure to comply with the requirements of this article and/or program is punishable as provided in title 1 of this code. Each day of noncompliance with this article is a separate offense. 13-2E-9: ABATEMENT REMEDIES; PENALTIES: A. General: When any repair or abatement is deemed necessary by the city manager the city manager may attempt to procure repair or abatement of the condition. B. Abatement Described: Abatement includes, but is not limited to repairing, in- stalling, removing, cleaning, draining, or securing a system discharging FOG into the POTW. C. Recovery Of Costs: Whenever a cost to repair or abate a condition in violation of this article is incurred by the city, the city manager shall prepare and certify the actual cost, including the expenses of investigating, inspecting, testing, notification, administra- tion and court costs, to the city clerk who, in turn, shall certify such cost to the county treasurer, and it shall then constitute a lien against said property and be collected with and in the same manner as general taxes on said property. 13-2E-10: EMERGENCY ABATEMENT PROCEDURE: When the city manager de- termines that a condition in violation of this article constitutes an imminent and compel- ling danger to the health, safety or welfare of persons or property, the city manager is authorized to abate or cause to be abated the condition without prior notice to the own- er. The costs of such action may be assessed against the property after notice to the property owner and hearing as required by law. Section 3. Title 14, Chapter 1, Article H of the City of Dubuque Code of Ordinances is amended to read as follows: 14-1H-2: INTERNATIONAL PLUMBING CODE AMENDMENTS: The following addi- tions, deletions, modifications, or amendments of the international plumbing code, 2012 edition, adopted in section 14-1 H-1 of this article to read as follows: Sec. 100303.1. Grease interceptors and automatic grease removal devices required. A grease interceptor or automatic grease removal device shall be required to receive the drainage from fixtures and equipment with grease laden waste located in food prep- aration areas, such as in restaurants, hotel kitchens, hospitals, school kitchens, bars, factory cafeterias and clubs. Fixtures and equipment shall include pot sinks, prerinse sinks; soup kettles or similar devices; wok stations; floor drains or sinks into which ket- tles are drained and automatic hood wash units. Grease interceptors and automatic grease removal devices shall receive waste only from fixtures and equipment that allow fats, oils or grease to be discharged. Where lack of space or other constraints prevent the installation or replacement of a grease interceptor, one or more grease interceptors shall be permitted to be installed on or above the floor and upstream of an existing grease interceptor. Sec. 1003.3.4. Grease interceptors and automatic grease removal devices. Grease interceptors and automatic grease removal devices shall be sized in accordance with PDI G101, ASME A112.14.3 Appendix A, or ASME A112.14.4. Grease interceptors and automatic grease removal devices shall be designed and tested in accordance with PDI G101, ASME A112.14.3 or ASME A112.14.4. Grease interceptors and automatic grease removal devices shall be installed in accordance with the manufacturer's instruc- 32 tions and maintained in accordance with the manufacturer's instructions and the City of Dubuque FOG Program. Section 4. This Ordinance takes effect upon publication. Passed, approved, and adopted the 7th day of July, 2014. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 11th day of July, 2014. /s/Kevin S. Firnstahl, City Clerk 2. Code of Ordinances Amendment - Title 3 Enterprise Zone Commission: City Man- ager recommending adoption of an ordinance repealing Section 3-4B of the City of Dubuque Code of Ordinances which will essentially dissolve the Enterprise Zone Com- mission. 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 Jones. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 43-14 Amending City of Dubuque Code of Ordinances Title 3 Revenue and Taxation, Chapter 4 Economic Development by repealing Article B, Enterprise Zone Commission. Se- conded by Jones. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 43-14 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 3 REVENUE AND TAXATION, CHAPTER 4 ECONOMIC DEVELOPMENT BY REPEALING ARTICLE B, ENTERPRISE ZONE COMMISSION Whereas, Iowa House File 2448 signed into Iowa law on May 30, 2014 repeals the existing Iowa Economic Development Authority Enterprise Zone transferring authority to the existing Iowa High Quality Jobs Program; and Whereas, the State law becomes effective July 1, 2014, at which time the ability to modify zones, approve new zones, or enter into new agreements ends; and Whereas, Ordinance No. 23-98 passed, approved and adopted by the City Council on April 6, 1998 created the Enterprise Zone Commission; and Whereas, the Commission does not need to continue in existence after June 30, 2014. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. City of Dubuque Code of Ordinance Section 3-4B is hereby repealed. Section 2. This Ordinance takes effect upon publication. Passed, approved, and adopted the 7th day of June, 2014. /s/Roy D. Buol, Mayo Attest: /s/Kevin S. Firnstahl, City Clerk Published in the Telegraph Herald newspaper on the 11th day of July, 2014. /s/Kevin S. Firnstahl, City Clerk 33 3. Code of Ordinances Amendment - Dubuque Technology Park Economic Devel- opment District: City Manager recommending approval of an ordinance amending the Tax Incrementing Financing District for the Dubuque Technology Park Economic Devel- opment District. Motion by Jones to receive and file the documents and that the re- quirement 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. Se- conded by Connors. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 44-14 Amend- ing Ordinance No. 65-97, Providing that General Property Taxes Levied and Collected Each Year on all Property Located Within the Dubuque Technology Park Economic De- velopment District, in 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 Com- munity School District and Other Taxing Districts, be Paid to a Special Fund for Pay- ment of Principal and Interest on Loans, Monies Advanced to and Indebtedness, Includ- ing Bonds Issued or to be Issued, Incurred by Said City in Connection With Said Urban Renewal Redevelopment Project. Seconded by Connors. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 44-14 AMENDING ORDINANCE NO.65-97, PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE DUBUQUE TECHNOLOGY PARK ECONOMIC DEVELOPMENT DIS- TRICT, IN 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, INCLUD- ING BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNEC- TION WITH SAID URBAN RENEWAL REDEVELOPMENT PROJECT Whereas, the City Council of the City of Dubuque, Iowa, after public notice and hear- ing as prescribed by law and pursuant to Resolution No. 141-97 passed and approved on the 7th day of April, 1997, adopted an Urban Renewal Plan (the "Urban Renewal Plan") for an urban renewal area formerly known as the Dubuque Industrial Cen- ter/South Economic Development District, renamed by Resolution No. 172-13 as the Dubuque Technology Park Economic Development District (the "Urban Renewal Project Area" or "District"); and Whereas, the City Council adopted Ordinance No. 65-97 providing for the division of taxes within the Urban Renewal Project Area pursuant to Section 403.19 of the Code of Iowa; and Whereas, the City Council by Resolution No, 179-14, adopted on June 16, 2014, ap- proved an Amended and Restatement Urban Renewal Plan for the Dubuque Technolo- gy Park Economic Development District, which amended the District to remove certain property and expanded the District to include additional property as described herein; and 34 Whereas, expenditures and indebtedness are anticipated to be incurred by the City of Dubuque, Iowa in the future to finance urban renewal project activities carried out in furtherance of the objectives of the Urban Renewal Plan; and Whereas, the City Council of the City of Dubuque, Iowa desires to continue the divi- sion of revenue from taxation in the Urban Renewal Project Area, as above described, in accordance with the provisions of Section 403.19 of the Code of Iowa, as amended, and the Amended and Restated Urban Renewal Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Ordinance No. 65-97 is amended to read as follows: Section 1. For purposes of this Ordinance, the following terms have the following meanings: (a) Subarea A shall include that area described as follows: LOT D OF DUBUQUE TECHNOLOGY PARK, LOT 3 IN BLOCK 1 OF DUBUQUE TECHNOLOGY PARK, LOT 4 IN BLOCK 1 OF DUBUQUE TECHNOLOGY PARK AND ALSO LOT 1 OF DUBUQUE TECHNOLOGY PARK NO. 2, LOT 11 IN BLOCK 2 OF DUBUQUE TECHNOLOGY PARK, LOT 1-10 IN BLOCK 2 OF DUBUQUE TECHNOLOGY PARK, LOT 2-1 OF DUBUQUE TECHNOLOGY PARK NO. 3, LOT 6 IN BLOCK 2 OF DUBUQUE TECH- NOLOGY PARK, LOT 4 & 5 IN BLOCK 2 DUBUQUE TECHNOLOGY PARK; AND ALL OF THE DIGITAL DRIVE RIGHT OF WAY ADJACENT TO LOT 2-1 OF DUBUQUE TECHNOLOGY PARK NO. 3, LOT 1-10 IN BLOCK 2 OF DUBUQUE TECHNOLOGY PARK, AND LOT 11 IN BLOCK 2 OF DUBUQUE TECHNOLOGY PARK, ALL IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA. (b) Subarea B shall include that area described as follows: Commencing at the Southwest (SW) Corner of Lot D of the Dubuque Technology Park in the City of Dubu- que, Iowa; thence North 87 degrees 55 minutes 02 seconds East 30.00 feet along the South Line of said Lot D to the Point of Beginning; thence North 87 degrees 55 minutes 02 seconds East 20.00 feet along said South Line; thence South 02 degrees 29 minutes 54 seconds East 129.38 feet; thence Southeasterly 229.98 feet along a 1140.00 foot radius curve concave North- easterly and tangent to the proceeding course having a 229.59 foot chord bear- ing South 08 degrees 16 minutes 39 seconds East; thence South 14 degrees 03 minutes 25 seconds East 266.67 feet; thence South 09 degrees 11 minutes 37 seconds West 185.13 feet; thence South 20 degrees 26 minutes 37 seconds West 70.62 feet; thence South 31 degrees 41 minutes 37 seconds West 101.98 feet; thence South 08 degrees 51 minutes 41 seconds West 44.91 feet; thence South 02 degrees 23 minutes 19 seconds East 39.36 feet; thence North 56 degrees 10 minutes 48 seconds East 362.38 feet; thence North 58 degrees 17 minutes 06 seconds East 374.06 feet; thence North 45 degrees 24 minutes 42 seconds East 369.94 feet; thence North 02 degrees 26 minutes 23 seconds East 399.94 feet; thence North 44 degrees 50 minutes 44 seconds East 13.59 feet to a point on the South Line of said Lot D; 35 thence North 87 degrees 55 minutes 02 seconds East 29.29 feet along said South Line; thence South 44 degrees 50 minutes 44 seconds West 27.22 feet; thence South 02 degrees 26 minutes 23 seconds West 400.06 feet; thence South 45 degrees 24 minutes 42 seconds West 380.06 feet; thence South 58 degrees 17 minutes 06 seconds West 375.94 feet; thence South 56 degrees 10 minutes 48 seconds West 374.24 feet; thence South 02 degrees 23 minutes 19 seconds East 268.67 feet; thence South 33 degrees 01 minutes 47 seconds West 332.79 feet; thence South 28 degrees 32 minutes 57 seconds West 240.03 feet; thence South 04 degrees 03 minutes 28 seconds West 237.47 feet; thence South 17 degrees 27 minutes 07 seconds East 278.65 feet; thence South 14 degrees 36 minutes 27 seconds West 322.41 feet; thence South 25 degrees 17 minutes 00 seconds West 133.92 feet; thence South 39 degrees 31 minutes 57 seconds West 105.21 feet; thence South 12 degrees 25 minutes 44 seconds West 116.61 feet; thence South 47 degrees 36 minutes 33 seconds West 367.75 feet; thence South 35 degrees 53 minutes 39 seconds West 653.35 feet; thence South 45 degrees 46 minutes 18 seconds West 223.10 feet; thence South 27 degrees 34 minutes 25 seconds West 127.50 feet; thence South 39 degrees 36 minutes 57 seconds West 188.70 feet; thence South 58 degrees 35 minutes 29 seconds West 266.94 feet; thence South 69 degrees 47 minutes 09 seconds West 183.73 feet; thence South 36 degrees 22 minutes 21 seconds West 440.22 feet; thence North 72 degrees 38 minutes 44 seconds West 315.52 feet; thence Southwesterly 232.28 feet along a 780.00 foot radius curve concave South- easterly and having a 231.42 foot chord bearing South 39 degrees 59 minutes 43 seconds West; thence South 35 degrees 16 minutes 20 seconds West 221.67 feet; thence South 01 degrees 24 minutes 09 seconds West 438.61 feet; thence South 02 degrees 13 minutes 54 seconds East 399.49 feet; thence South 04 degrees 25 minutes 28 seconds East 402.65 feet; thence South 03 degrees 19 minutes 27 seconds West 331.00 feet; thence South 06 degrees 59 minutes 30 seconds West 312.02 feet; thence South 74 degrees 37 minutes 39 seconds West 117.99 feet; thence South 11 degrees 29 minutes 35 seconds West 16.45 feet; thence South 56 degrees 29 minutes 35 seconds West 136.42 feet; thence South 25 degrees 34 minutes 54 seconds West 90.97 feet; thence South 19 degrees 25 minutes 06 seconds East 269.88 feet; thence South 25 degrees 34 minutes 54 seconds West 81.92 feet; thence Southwesterly 114.69 feet along a 1210.00 foot radius curve concave Northwesterly and tangent to the preceding course having a 114.65 foot chord bearing South 28 degrees 17 minutes 50 seconds West; thence South 31 degrees 00 minutes 45 seconds West 60.67 feet; thence South 42 degrees 27 minutes 59 seconds West 60.09 feet; 36 thence Southwesterly 61.34 feet along a 1190.00 foot radius curve concave South- easterly and tangent to the preceding course having a 61.34 foot chord bearing South 40 degrees 47 minutes 06 seconds West; thence South 39 degrees 10 minutes 36 seconds West 166.84 feet; thence South 05 degrees 45 minutes 10 seconds East 19.29 feet; thence South 39 degrees 14 minutes 50 seconds West 26.28 feet; thence South 84 degrees 14 minutes 50 seconds West 19.29 feet; thence South 39 degrees 15 minutes 36 seconds West 955.94 feet; thence South 05 degrees 46 minutes 38 seconds East 1089.63 feet to a point on the East Right-of-Way Line of US Highway No. 61; thence South 17 degrees 20 minutes 11 seconds West 112.22 feet along said East right-of-way Line; thence South 01 degrees 58 minutes 37 seconds East 108.38 feet along said East right-of-way Line; thence South 08 degrees 41 minutes 01 seconds East 637.28 feet along said East right-of-way Line; thence South 84 degrees 48 minutes 48 seconds West 225.01 feet; thence South 06 degrees 00 minutes 38 seconds East 168.98 feet; thence South 05 degrees 53 minutes 30 seconds East 347.66 feet; thence South 03 degrees 10 minutes 32 seconds East 49.28 feet; thence South 00 degrees 27 minutes 34 seconds East 136.21 feet; thence South 03 degrees 59 minutes 27 seconds East 59.13 feet; thence South 07 degrees 31 minutes 20 seconds East 194.27 feet; thence South 00 degrees 22 minutes 10 seconds East 272.08 feet; thence South 07 degrees 06 minutes 13 seconds East 93.42 feet; thence South 00 degrees 32 minutes 25 seconds West 171.59 feet; thence South 06 degrees 40 minutes 26 seconds East 49.90 feet; thence South 39 degrees 02 minutes 24 seconds East 120.42 feet; thence South 03 degrees 01 minutes 43 seconds East 419.62 feet; thence South 02 degrees 13 minutes 29 seconds East 190.47 feet; thence South 07 degrees 01 minutes 04 seconds West 319.09 feet; thence South 02 degrees 05 minutes 43 seconds East 323.05 feet; thence South 18 degrees 24 minutes 17 seconds West 155.29 feet; thence South 01 degrees 46 minutes 49 seconds East 512.17 feet; thence South 88 degrees 13 minutes 11 seconds West 20.00 feet; thence North 01 degrees 46 minutes 49 seconds West 252.23 feet; thence South 87 degrees 04 minutes 12 seconds West 424.08 feet; thence North 02 degrees 55 minutes 48 seconds West 20.00 feet; thence North 87 degrees 04 minutes 12 seconds East 424.48 feet; thence North 01 degrees 46 minutes 49 seconds West 301.45 feet; thence North 18 degrees 24 minutes 17 seconds East 97.21 feet; thence North 02 degrees 05 minutes 43 seconds West 315.82 feet; thence North 07 degrees 01 minutes 13 seconds East 319.00 feet; thence North 02 degrees 13 minutes 29 seconds West 190.19 feet; thence North 03 degrees 01 minutes 43 seconds West 406.34 feet; thence North 39 degrees 02 minutes 24 seconds West 119.03 feet; 37 thence North 06 degrees 40 minutes 26 seconds West 64.03 feet; thence North 00 degrees 32 minutes 25 seconds East 171.44 feet; thence North 07 degrees 06 minutes 13 seconds West 93.11 feet; thence North 00 degrees 12 minutes 42 seconds East 225.29 feet along the West right-of-way Line of said Highway No. 61; thence North 04 degrees 32 minutes 04 seconds West 418.47 feet along said West right-of-way Line; thence North 02 degrees 21 minutes 16 seconds West 65.19 feet; thence North 05 degrees 53 minutes 30 seconds West 347.62 feet; thence North 06 degrees 00 minutes 38 seconds West 219.51 feet; thence North 84 degrees 48 minutes 48 seconds East 242.64 feet; thence North 08 degrees 41 minutes 01 seconds West 587.14 feet; thence North 01 degrees 58 minutes 37 seconds West 112.95 feet; thence North 17 degrees 20 minutes 11 seconds East 111.53 feet; thence North 05 degrees 46 minutes 38 seconds West 1373.13 feet; thence South 74 degrees 12 minutes 59 seconds West 251.61 feet; thence South 48 degrees 13 minutes 29 seconds West 318.61 feet; thence South 37 degrees 04 minutes 21 seconds West 191.01 feet; thence South 56 degrees 54 minutes 44 seconds West 317.79 feet; thence South 77 degrees 09 minutes 08 seconds West 241.96 feet; thence South 44 degrees 13 minutes 04 seconds West 384.81 feet; thence South 15 degrees 49 minutes 56 seconds East 650.30 feet; thence South 00 degrees 05 minutes 59 seconds East 502.69 feet; thence South 14 degrees 50 minutes 06 seconds West 494.39 feet to a point on the South Line of the SW 1/4 of Section 23, T88N, R2E of the 5th Principal Meridian, Dubuque County, Iowa; thence South 88 degrees 09 minutes 41 seconds West 20.88 feet along said South Line; thence North 14 degrees 50 minutes 06 seconds East 497.76 feet; thence North 00 degrees 05 minutes 59 seconds West 497.31 feet; thence North 15 degrees 49 minutes 56 seconds West 659.09 feet; thence North 44 degrees 13 minutes 04 seconds East 402.28 feet; thence North 77 degrees 09 minutes 08 seconds East 244.30 feet; thence North 56 degrees 54 minutes 44 seconds East 310.73 feet; thence North 37 degrees 04 minutes 21 seconds East 189.47 feet; thence North 48 degrees 13 minutes 29 seconds East 325.18 feet; thence North 74 degrees 12 minutes 59 seconds East 295.15 feet; thence North 29 degrees 24 minutes 36 seconds East 287.99 feet; thence North 53 degrees 18 minutes 25 seconds East 400.59 feet; thence North 35 degrees 57 minutes 19 seconds East 447.05 feet; thence North 19 degrees 41 minutes 23 seconds East 503.77 feet; thence North 74 degrees 37 minutes 39 seconds East 121.61 feet; thence North 11 degrees 29 minutes 35 seconds East 45.22 feet; thence Northerly 824.23 feet along a 2840.00 foot radius curve concave Westerly and tangent to the preceding course having a 821.34 foot chord bearing North 03 degrees 10 minutes 44 seconds East; 38 thence North 05 degrees 10 minutes 15 seconds West 244.47 feet; thence Northerly 172.89 feet along a 1930.00 foot radius curve concave Easterly and tangent to the preceding course having a 172.85 foot chord bearing North 02 degrees 34 minutes 08 seconds West; thence North 00 degrees 10 minutes 22 seconds West 198.38 feet; thence North 45 degrees 08 minutes 04 seconds West 22.54 feet; thence North 00 degrees 00 minutes 00 seconds West 26.34 feet; thence North 45 degrees 06 minutes 28 seconds East 21.02 feet; thence North 00 degrees 23 minutes 37 seconds East 318.10 feet; thence North 89 degrees 59 minutes 26 seconds East 73.86 feet; thence North 35 degrees 16 minutes 20 seconds East 57.55 feet; thence North 01 degrees 24 minutes 09 seconds East 47.94 feet; thence North 34 degrees 23 minutes 50 seconds East 272.53 feet; thence North 13 degrees 17 minutes 56 seconds West 161.81 feet; thence North 38 degrees 00 minutes 52 seconds East 1195.47 feet; thence North 45 degrees 40 minutes 36 seconds East 150.00 feet to a point on the East Right -of -Way Line of Highway No. 61 and Highway No. 151; thence North 38 degrees 00 minutes 52 seconds East 700.53 feet along said East Right -of -Way Line; thence North 51 degrees 40 minutes 52 seconds East 274.81 feet; thence North 35 degrees 50 minutes 57 seconds East 448.99 feet; thence North 40 degrees 13 minutes 12 seconds East 400.16 feet; thence North 37 degrees 40 minutes 34 seconds East 502.15 feet; thence North 32 degrees 18 minutes 01 seconds East 386.34 feet to a point on the East Right -of -Way Line of Highway No. 61; thence North 43 degrees 03 minutes 14 seconds East 44.76 feet along said East Right -of -Way Line; thence North 02 degrees 10 minutes 57 seconds West 268.24 feet along said East Right -of -Way Line; thence North 56 degrees 10 minutes 48 seconds East 21.23 feet; thence North 02 degrees 23 minutes 19 seconds West 53.55 feet; thence North 08 degrees 51 minutes 41 seconds East 50.92 feet; thence North 31 degrees 41 minutes 37 seconds East 104.05 feet; thence North 20 degrees 26 minutes 37 seconds East 66.68 feet; thence North 09 degrees 11 minutes 37 seconds East 179.05 feet; thence North 14 degrees 03 minutes 25 seconds West 262.55 feet; thence Northwesterly 234.02 feet along a 1160.00 foot radius curve concave North- easterly and tangent to the preceding course having a 233.62 foot chord bearing North 08 degrees 16 minutes 36 seconds West; thence North 02 degrees 29 minutes 54 seconds West 129.52 feet to the Point of Beginning. Section 2. That the taxes levied on the taxable property in Subarea A in the Urban Renewal Project Area legally described above, by and for the benefit of the State of Io- wa, 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. 39 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 upon the total sum of the as- sessed value of the taxable property in Subarea A of the Urban Renewal Project Area, as shown on the assessment roll as of January 1, 1996, being January 1 of the calendar year preceding the first calendar year in which the City of Dubuque certified to the County Auditor the amount of loans, advances, indebtedness, or bonds payable from the division of property tax revenue described herein, shall be allocated to and when collected be paid into the fund for the respective taxing district as taxes by or for the tax- ing district into which all other property taxes are paid. Section 4. That portion of the taxes each year in excess of the base period taxes de- termined as provided in Section 3 of this Ordinance shall be allocated to and when col- lected be paid into a special tax increment fund of the City of Dubuque, Iowa hereby es- tablished, to pay the principal of and interest on loans, monies advanced to, indebted- ness, whether funded, refunded, assumed or otherwise, including bonds or obligations issued under the authority of Section 403.9 or 403.12 of the Code of Iowa, as amended, incurred by the City of Dubuque, Iowa, to finance or refinance, in whole or in part, urban renewal projects undertaken within the Urban Renewal Project Area pursuant to the Ur- ban Renewal Plan, except that taxes for the payment of bonds and interest of each tax- ing district and any other levies described in Section 403.19 shall be collected against all taxable property within the Urban Renewal Project Area without any limitation as hereinabove provided. Section 5. Unless or until the total assessed valuation of the taxable property in Sub- area A of the Urban Renewal Project Area exceeds the total assessed value of the tax- able property in Subarea A of the Urban Renewal Project Area as shown by the as- sessment roll referred to in Section 3 of this Ordinance, all of the taxes levied and col- lected upon the taxable property in Subarea A of the Urban Renewal Project Area shall be paid into the funds for the respective taxing districts as taxes by or for said taxing districts in the same manner as all other property taxes. Section 6. At such time as the loans, advances, indebtedness, bonds and interest thereon of the City of Dubuque, Iowa referred to in Section 4 hereof have been paid, all monies thereafter received from taxes upon the taxable property in Subarea A of the Urban Renewal Project Area shall be paid into the funds for the respective taxing dis- tricts 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 Subarea A of the Urban Renewal Project Area as described above. In the event that any provision of this Ordinance shall be determined to be contrary to law, it shall not affect other pro- visions or application of this Ordinance which shall at all times be construed to fully in- voke the provisions of Section 403.19 of the Code of Iowa with reference to Subarea A of the Urban Renewal Project Area and the territory contained therein. Section 8. This Ordinance shall be in effect after its final passage, approval and pub- lication as provided by law. 40 Passed and approved this 7th day of July, 2014. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald Newspaper on the 11th day of July 2014. /s/Kevin S. Firnstahl, City Clerk 4. Code of Ordinances Amendment - Greater Downtown Urban Renewal District: City Manager recommending approval of an ordinance amending the tax incrementing fi- nancing district for the Greater Downtown Urban Renewal District. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Lynch. Motion carried 7-0. Eco- nomic Development Director Maurice Jones responded to questions stating that a po- tential developer has been identified. Motion by Connors for final consideration and passage of Ordinance No. 45-14 Amending Ordinance No. 60-12, 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 Indebt- edness, Including Bonds Issued or to be Issued, Incurred by Said City In Connection With the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District. Seconded by Lynch. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 45-14 AMENDING ORDINANCE NO. 60-12, 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 OTH- ER TAXING DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRIN- CIPAL AND INTEREST ON LOANS, MONIES ADVANCED TO AND INDEBTED- NESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNECTION WITH THE AMENDED AND RESTATED 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 Urban Renewal Plan for the original Downtown Dubuque Urban Re- newal Project, Iowa R-15, subsequently has been amended on numerous occasions, growing through expansion or merger with other existing urban renewal districts, result- ing in Bluff Street, Cable Car, Chaplain Schmitt, East 7� Street, Ice Harbor Subarea A, 41 Ice Harbor Subarea B, Ice Harbor Subarea C, Industrial Harbor, Kerper Boulevard, Old Main, South Bluff, South Main, South Port, Town Clock, Town Clock Expansion, Upper Main, Warehouse, Washington Street, North Kerper Boulevard, Quebecor and Harrison Street Subareas being added to what is now known as the Amended and Restated Greater Downtown Urban Renewal District; and Whereas, consistent with the amendments to the Urban Renewal Plan, Ordinance No. 30-82 subsequently was amended on numerous occasions to provide for the divi- sion of taxes within the Amended and Restated Greater Downtown Dubuque Urban Re- newal District, most recently by Ordinance No. 60-12, creating separate base valuations for the Bluff Street, Cable Car, Chaplain Schmitt, East 7th Street, Ice Harbor Subarea A, Ice Harbor Subarea B, Ice Harbor Subarea C, Industrial Harbor, Kerper Boulevard, Old Main, South Bluff, South Main, South Port, Town Clock, Town Clock Expansion, Upper Main, Warehouse, and Washington Street, North Kerper Boulevard, Quebecor and Har- rison Street Subareas; 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. 178-14 approved on June 16, 2014, for the purpose of ex- panding the Greater Downtown Urban Renewal District to include additional areas de- scribed as the Holy Ghost and Almond Street Subareas; 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 redevelop- ment 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 de- scribed in the premises. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, THAT: Ordinance No. 60-12 is hereby amended to read as follows: Section 1: For purposes of this Ordinance, the following terms shall have the follow- ing meanings: (a) 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 Pro- ject, 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 Re- newal District approved by Resolution No. 108-07 on February 20th, 2007, which Town Clock Subarea includes the lots and parcels located within the area now legally de- scribed as follows: Beginning at the intersection of the north right-of-way line of Ninth Street with the east right-of-way line of Central Avenue; thence south along the east right-of-way line of Central Avenue to its intersection with the south right-of-way line of Fourth Street; thence west along the south right-of-way line of Fourth Street to its intersection with the west right-of-way line of Locust Street; thence north along the west right-of-way line of Locust Street to its intersection with the north right-of-way line of Ninth Street, but also 42 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, and point of beginning, including all public rights-of-way. (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 Dubu- que 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 Con- nector; 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 Town Clock Sub- 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 No- vember 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 (Iowa Inn property); and 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, (Park- ing Lot Number 1) all in the City of Dubuque, 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 Dubu- que 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 Down- town 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 (Carne- gie -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 initial- ly described in the Urban Renewal Plan for the Ice Harbor Urban Renewal District ap- proved 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 va- cated Fourth Street and Third Street, on the west by the Chicago, Central and Pacific Railroad right-of-way, on the south by East First Street and on the east by the municipal limits of the City of Dubuque, Iowa and including any adjoining public right-of-way. 43 (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 fol- lows: That area generally bounded on the north and west by the Chicago, Central and Pa- cific 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 (exclud- ing 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 Re- newal District approved by Resolution No. 597-07 on December 17, 2007, which Ware- house 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 cen- terline 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 north- westerly along the westerly line of City Lot 259, and Lots 1 and 2 of the Subdivision of the South % of City Lot 261 and City Lot 260 to the southwest corner of the N % of City Lot 261; thence northeasterly along the southerly line of the N % of City Lot 261 and ex- tension 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 Re- newal 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 Lo- cust 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 High - 44 ways 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 center - line 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 inter- section with the centerline of Jones Street; thence northwesterly along the centerline of Jones Street to a point of intersection with the easterly line of Lot 2D of vacated Shields Street extended northerly; thence southeasterly along the easterly line of Lot 2D of va- cated 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 intersec- tion with the centerline of the Second Street Connector, also being the point of begin- ning; and including any adjoining public right-of-way. (j) South Port Subarea shall mean a portion of the Amended Project Area added by the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Re- newal 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 vacat- ed Water Street; Thence northwesterly along said easterly line to the southwesterly cor- ner 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 south- westerly 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 45 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 cen- terline 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 Dubu- que Harbor Company's Addition and extension thereof to the centerline of Main Street; Thence southeasterly along the centerline of Main St. to the centerline of Dodge Street; Thence easterly along the centerline of Dodge St to the intersection of Highway 61/151; Thence northwesterly along said centerline to a point of intersection with the southerly right of way line of East First Street; Thence southeasterly along said right of way line to the point of beginning. (k) Cable Car Subarea shall mean a portion of the Amended Project Area added by the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Re- newal District approved by Resolution No. 393-09 on October 5, 2009, which Cable Car Subarea includes the lots and parcels located within the area legally described as fol- lows: Commencing as a point of reference at the intersection of the centerlines of Second Street and Locust Street in the City of Dubuque, Dubuque County, Iowa, said point be- ing the point of beginning; Thence southeasterly along the centerline of Locust Street to a point of intersection with the centerline of First Street; Thence southwesterly along the centerline of First Street to a point of intersection with the centerline of Bluff Street; Thence northwesterly along the centerline of Bluff Street to a point of intersection with the centerline of Emmett Street; Thence southwesterly along the centerline of Emmett Street to a point of intersection with the centerline of St. Mary's Street; Thence north- westerly along the centerline of St. Mary's Street and to a point of intersection with the northerly line of Cathedral Center extended southwesterly; Thence northeasterly along the northerly line of Cathedral Center to a point of intersection with the westerly right of way line of Bluff Street; Thence northwesterly along said westerly right of way line of Bluff Street and extension thereof to a point of intersection with the centerline of Third Street; Thence southwesterly along the centerline of Third Street to a point of intersec- tion with the westerly line of Lot 1 of the East 78 ft. of the South 100 ft. of Lot 4 of City Lot 692 extended southerly; Thence northwesterly along said westerly line to a point of intersection with the southerly line of Fenelon Point Subdivision; Thence northeasterly along said southerly line to a point of intersection with the westerly line of Lot 2 of 2 of City Lot 692;Thence northwesterly along said westerly line and westerly line of Lot 1 of 2 of City Lot 692 to a point of intersection with the southerly right of way line of W. Fourth Street; Thence northeasterly across W. Fourth Street to the southwest corner of Lot 1 of Evan's Place, said point also being on the northerly right of way line of W. Fourth Street; Thence northwesterly along the west line of said Lot 1 to the southeast corner of Lot 34 of Cooper Heights Addition; Thence continuing northwesterly along the easterly line of Lots 34, 35, 36 and 37 of Cooper Heights Addition to a point of intersec- tion with the southerly right of way line of W. Fifth Street; Thence northeasterly to a point of intersection in the centerline of W. Fifth Street approximately 270 feet south - 46 westerly of the centerline of Bluff Street; Thence northwesterly along the centerline of W. Fifth Street to a point of intersection with the southerly line of Coriell's Dubuque also being the northerly right of way line of W. Fifth Street; Thence northeasterly along said right of way line of W. Fifth St. to the southwest corner of Lot 1 of City Lot 690;Thence northwesterly along the westerly line of said Lot 1 to the northwest corner of said Lot 1;Thence northeasterly along the northerly line of said Lot 1 to the northeast corner of said Lot 1;Thence southeasterly along the easterly line of said Lot 1 to a point of inter- section with the northerly line of the south 62.5 ft. of the north 64 ft. of City lot 617;Thence northeasterly along said northerly line and extension thereof to a point of intersection with the centerline of Bluff Street; Thence southeasterly along the centerline of Bluff Street to a point of intersection with the northerly line of the south 10 ft. of City Lot 138 extended southwesterly; Thence northeasterly along said northerly line and nor- therly line of the south 10 ft. of the south 34.6 ft. of City Lot 103 and extension thereof to a point of intersection with the centerline of Locust Street; Thence southeasterly along the centerline of Locust Street to a point of intersection with the centerline of Second Street, said point being the point of beginning. (I) Bluff Street Subarea shall mean a portion of the Amended Project Area added by the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Re- newal District approved by Resolution No. 269-10 on July 19, 2010, which Bluff Street Subarea includes the Tots and parcels located within the area legally described as fol- lows: Commencing as a point of reference at the intersection of the centerlines of W. Sixth Street and Bluff Street in the City of Dubuque, Dubuque County, Iowa, said point being the point of beginning; thence southeasterly along the centerline of Bluff Street to a point of intersection with the northerly line of the south 62.5 ft. of the north 64 ft. of City Lot 617 extended southeasterly; thence southwesterly along said northerly line to the easterly line of Lot 1 of City Lot 690; thence northwesterly along the easterly line of said Lot 1 to the northeast corner of said Lot 1; thence southwesterly along the northerly line of said Lot 1 to the northwest corner of said Lot 1; thence southeasterly along the west- erly line of said Lot 1 to a point of intersection with northerly right of way line of W. Fifth Street; thence southwesterly along said right of way line of W. Fifth St. to the southeast corner of the South 73' of Lot 13 of Coriell's Dubuque; thence northwesterly 73' along the easterly line of said South 73' of Lot 13 of Coriell's Dubuque to the northeast corner of the South 73' of Lot 13 of Coriell's Dubuque; thence southwesterly along the northerly line of said South 73' of Lot 13 of Coriell's Dubuque to a point of intersection with west- erly line of Lot 13 of Coriell's Dubuque; thence northwesterly along said westerly line of Lot 13 to a point of intersection with the southerly line of Lot 33 of Coriell's Dubuque; thence northeasterly along said southerly line of Lot 33 to a point of intersection with the westerly line of Lot 14 of Coriell's Dubuque' thence northwesterly along said westerly line of said Lot 14 to a point of intersection with the southerly line of Lot 34 of Coriell's Dubuque; thence northeasterly along said southerly line of Lot 34 to the easterly line of Coriell's Dubuque; thence northwesterly along said easterly line Lots 34, 35, 36, 37, 38, and 44 of Coriell's Dubuque to the northwest corner of the North 50' of Lot 1 of Lot 1 of City Lot 653; thence northeasterly along the northerly line of said North 50' of Lot 1 of Lot 1 of City Lot 653 to the southeast corner of Lot 1 of McKinley's Subdivision; thence northwesterly along said easterly line of said Lot 1 and extension thereof to a point of 47 intersection with the centerline of West Eighth Street; thence northwesterly along said centerline of West Eighth Street to a point of intersection with the westerly line of Lot 1 of the Subd'n. of City Lot 688 and part of City Lot 654 extended southerly; thence northwesterly along said westerly line of Lot 1 and extension thereof northerly to a point of intersection with the centerline of West Ninth Street; thence southwesterly along the centerline of West Ninth Street to a point of intersection with the southerly extension of the westerly line of Lot 2 of Lot 12 of Central Addition; thence northwesterly along said westerly right of Lot 2 of Lot 12 to the northwest corner of said Lot; thence northeasterly along the northerly line of said Lot 2 of Lot 12 to the northeast corner of said Lot; thence southeasterly along said easterly line of said Lot 2 of Lot 12 to the southwest corner of Lot 1 of Lot 11 of Central Addition; thence northeasterly along the southerly line of Lot 1 of Lot 11 and Lot 1 of Lot 10 of Central Addition to a point of intersection with the west- erly line of Lot 1 of Lot 9 of Central Addition; thence northwesterly along said westerly line of Lot 1 of Lot 9 to a point of intersection with the southerly right of way line of a public alley in Central Addition; thence northeasterly along said southerly line to a point of intersection with the westerly line of Lot 1 of 1 of 10 of Lorimer's Subdivision; thence northwesterly along said westerly line of said Lot 1 of 1 of 10 to the northerly line of Lor- imer's Subdivision; thence northeasterly along the northerly line of Lorimer's Subdivision to the southeast corner of a public alley between Corkery's Subdivision and City Lot 655; thence northwesterly along the easterly right of way line of said alley to a point of intersection with West Eleventh Street; thence southwesterly along centerline of West Eleventh Street to a point of intersection with the centerline of Grove Terrace; thence northwesterly along centerline of Grove Terrace to a point of intersection with the nor- therly right of way line of Arlington Street; thence northeasterly along the northerly right of way line of Arlington Street to the southeast corner of City Lot 769B; thence north- westerly along the easterly line of said City Lot 769B to a point of intersection with the southerly line of Lot 3 of Brown's Subdivision; thence southwesterly along the southerly line of said Lot 3 to the southwest corner of said lot; thence northwesterly along the westerly line of said Lot 3 and extension thereof to a point of intersection with the cen- terline of Loras Boulevard; thence northeasterly along said centerline to a point of inter- section with the centerline of Locust Street; thence southeasterly along the centerline of Locust Street to a point of intersection with the centerline of W. Eleventh Street; thence southwesterly along the centerline of W. Eleventh Street to a point of intersection with the centerline of Bluff Street; thence southeasterly along the centerline of Bluff Street to a point of intersection with the extension of the southerly line of City Lot 658A; thence northeasterly along the southerly line of City Lot 658A extended and the southerly line of City Lot 658, except the southerly one foot thereof, extended to a point of intersection with the centerline of Locust Street; thence southeasterly along the centerline of Locust Street to a point of intersection with the centerline of West Ninth Street; thence south- westerly along the centerline of West Ninth Street to a point of intersection with the cen- terline of Bluff Street; thence southeasterly along the centerline of Bluff Street to a point of intersection with the centerline of West Eighth Street; thence northeasterly along the centerline of West Eighth Street to a point of intersection with the centerline of Locust Street; thence southeasterly along the centerline of Locust Street to a point of intersec- tion with the northerly line of City Lot 624 extended northeasterly; thence southwesterly along the northerly line of City Lot 624 extended southeasterly to the centerline of a 48 public alley; thence southeasterly along the centerline of a public alley to a point of in- tersection with the centerline of W. Seventh Street; thence northeasterly along the cen- terline of W. Seventh Street to a point of intersection with Locust Street; thence south- easterly along the centerline of Locust Street to a point of intersection with West Sixth Street; thence southwesterly along the centerline of West Sixth Street to a point of inter- section with Bluff Street said point being the point of beginning. (m) South Bluff Street Subarea shall mean that 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. 86-11 on March 7, 2011, which South Bluff Street 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 Emmett Street and Bluff Street in the City of Dubuque, Dubuque County, Iowa, said point being the point of beginning; thence southeasterly along the centerline of Bluff Street to a point of intersection with the centerline W. First Street; thence southwesterly along the centerline W. First Street to the centerline of Bluff Street; thence southwesterly along the centerline of Bluff Street to a point of intersection with the centerline Dodge Street; thence southwesterly along the centerline Dodge Street to a point of intersection with the easterly line of Lot 3 of City Lot 694 extended southeasterly; thence northwesterly along the easterly line of said Lot 3 of City Lot 694 and Lot 1-1 and 2-1 of City Lot 694 to the southwest corner of Lot 1-2 of City Lot 694; thence northeasterly along said southerly line of said Lot 1-2 of City Lot 694 to the southeast corner of said Lot; thence northwesterly along said easterly line of Lot 1-2 of City Lot 694 to a point of intersection with the southerly line of Lot 12 of Saint Raphael's Addition; thence northeasterly along said southerly line of said Lot 12 and extension thereof to the centerline of St. Mary's Street; thence northwesterly along the centerline of St. Mary's Street to a point of inter- section with the centerline of Emmett St.; thence northeasterly along the centerline of Emmett St. to centerline of Bluff Street, said point being point of beginning. (n) Kerper Boulevard Subarea shall mean that portion of the Amended Project Area initially described in the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District approved by Resolution No. 155-11 on May 2, 2011, which Kerper Boulevard Subarea includes the lots and parcels located within the area legally described as follows: Lot 1-2, Lot 2-2, Lot 2A, Lot 3 and Lot 6 all in Kerper Industrial Park in the City of Dubuque, Dubuque County, Iowa, also including the entire right of way of Kerper Court and the westerly portion of Kerper Boulevard right of way from the abutting Kerper Court right of way and Lot 3 of Kerper Industrial Park to the centerline of Kerper Boulevard. (o) Washington Neighborhood Subarea shall mean that portion of the Amended Pro- ject Area added by the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District approved by Resolution No. 155-11 on May 2, 2011, which Washington Neighborhood 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 Central Avenue and Loras Boulevard in the City of Dubuque, Dubuque County, Iowa, said point being the point of beginning; Thence southwesterly along the centerline of Loras Boule- vard to a point of intersection with the westerly line of Lot 3 of Brown's Subdivision ex - 49 tended northerly; Thence northerly to the southwest corner of Lot 2-3 of City Lot 667; Thence northwesterly along the westerly line of said Lot 2-3; Thence northeasterly along the northerly line of said Lot 2-3 to a point of intersection with the southeasterly line of Lot 1-3 of City Lot 667; Thence northeasterly along the said southeasterly line to the northeast corner of said Lot 1-3; Thence southwesterly along the northerly line of said Lot 1-3 to a appoint of intersection with the easterly right of way line of Montrose Terrace; Thence northwesterly along said the easterly right of way line to a point of in- tersection with the easterly right of way line of a public alley between D. N. Cooley's Subdivision and Fairview Subdivision; Thence continuing northwesterly along said the easterly alley line to a point of intersection with the southerly right of way line of W. 17th Street; Thence northwesterly crossing W. 17th St. to the most easterly corner of Lot 2-1- 1-2 of City Lot 670, said point being at the point of intersection of the north right of way of W. l7t St. and westerly right of way line of W. Locust St.; Thence southwesterly along the north right of way of W. 17th St. to southeast corner of Lot 1-2-2 of City Lot 670; Thence northwesterly along the easterly lines of Lot 1-2-2 and Lot 2-2-2 of City Lot 670 to a point of intersection with the southerly right of way line of Clark St.; Thence northwesterly crossing Clark St. to the southeasterly corner of Welsh Place; Thence northwesterly along the easterly line of said Welsh Place to the northeast corner there- of; Thence southwesterly along the northerly line of said Welsh Place to a point of inter- section with the easterly right of way line of a public alley along the westerly side of A. L. Bowen's Subdivision; Thence northwesterly along said easterly right of way line to a point of intersection with the southerly right of way line of Angella Street; Thence south- westerly along said southerly right of way line to the northeast corner of Lot 12 of Gilliam's Subdivision; Thence northwesterly crossing Angella St. to the most southerly corner of Lot 1 of Gilliam's Subdivision said point being on the northerly right of way line of Angella St.; Thence northwesterly along the westerly line of said Lot 1 to a point of intersection with the southerly line of Lot 2 of Alvin Haas Place; Thence southwesterly along the southerly line of Lot 1 and Lot 2 of Alvin Haas Place and the southerly line of the Westerly 40 feet of Lot 3 of Quigley's Subdivision of Out Lot 710 to the most easter- ly corner of Lot 24 of Quigley's Subdivision of Out Lot 710; Thence westerly along the southerly boundary of Lots 4 through Lots 15 of Quigley's Subdivision Out Lot 710 and the southerly line of Lots 9A, 10 and 11 of Quigley's Subdivision Out Lot 711 to a point of intersection with the easterly right of way line of Pierce Street; Thence northerly along said easterly right of way line and extension thereof to a point of intersection with the northerly right of way line of W. Locust Street; Thence easterly along said northerly right of way line to the easterly right of way line of Foye Street; Thence northerly along said easterly right of way line to a point of intersection with the southerly right of way line of a public alley lying between Almond and W. Locust St.; Thence easterly along said south- erly right of way line to a point of intersection with the westerly right of way line of Ellis Street; Thence southeasterly along said westerly right of way line to a point of intersec- tion with the northerly right of way line of W. Locust Street; Thence southeasterly cross- ing Ellis St. to a point of intersection with the easterly right of way line of Ellis St. at the southerly right of way line of Dorgan Place; Thence easterly along said southerly right of way line of Dorgan Place to the northeast corner of Lot 1-14 of Dorgan's Subdivision; Thence easterly crossing Dorgan Place to the southwest corner of Lot 5-2 of City Lot 673; Thence northerly along the westerly line of said Lot 5-2 to the northwest corner 50 thereof; Thence easterly along the northerly line of said Lot 5-2 to a point of intersection with the westerly right of way line of Madison Street; Thence easterly crossing Madison St. to the most westerly corner of Lot A-2-1 of City Lot 674, said point being on the easterly right of way line of Madison St. Thence easterly along the northerly line of said Lot A-2-1 to a point of intersection with the easterly right of way line of Main Street; Thence northerly along said easterly right of way line to the northwest corner of Lot 2-1 of City Lot 674; Thence easterly and continuing northeasterly along the northerly lines of Lot 2-1, Lot 2-2, Lot 2-1-3, Lot 1-2-3 all of the subdivision of City Lot 674 to a point of intersection with the westerly line of Lot 4 of City Lot 674; Thence northwesterly along said westerly line to a point of intersection with the southerly line of Lot 1-1-2 of Dun- can's Subdivision; Thence northeasterly along said southerly line and southerly line of Lot 1 and Lot 2 of M. A. Rebman's Subdivision and extension thereof to a point of inter- section with the easterly right of way line of Heeb Street; Thence northwesterly along said easterly right of way line to a point of intersection with the northerly right of way line of Clarke Drive; Thence northwesterly along said northerly right of way line to a point of intersection with the easterly right of way line of Heeb Street lying between Central Av- enue and Shelby Street; Thence northwesterly along said easterly right of way line to a point of intersection with the southerly right of way line of Kaufmann Avenue; Thence easterly along said southerly right of way line to a point of intersection with the southerly extension of the easterly right of way line of a public alley lying between Central Ave. and Francis Street; Thence northwesterly along said easterly right of way line to a point of intersection with the southerly right of way line of W. 23rd street; Thence southwester- ly along said southerly right of way line to the northwest corner of the East One-Half of Lot 11 of Tivoli Addition; Thence northwesterly crossing W. 23rd St. to the southwesterly corner of Lot 1 of Valeria Place No. 2; Thence northwesterly along the westerly line of said Lot 1 to a point of intersection with the southerly line of Lot 2 of said Valeria Sub. No. 2; Thence southwesterly along the southerly line of said Lot 2 to the southwest cor- ner thereof; Thence northwesterly along the westerly line of said Lot 2 to a point of in- tersection with the southerly line of Lot 2-1 of Valeria Place; Thence northeasterly along said southerly line to the southeasterly corner of said Lot 2-1; Thence northwesterly along the easterly line of said Lot 2-1 the northeast corner thereof, said point also being the southeasterly right of way line of Carr St.; Thence northwesterly along the easterly right of way line of Carr St. to a point of intersection with the southerly right of way line of W. 24th Street; Thence northeasterly along said southerly right of way line to a point of intersection with the southerly extension of the easterly right of way line of Division Street; Thence northwesterly along said easterly right of way line to the northwest cor- ner of Lot 8 of Wullweber's Subdivision; Thence southwesterly along the southerly line of John King's Subdivision to the southwest corner of the West 33.98 feet of Lot 1-6 of John King's Subdivision; Thence northwesterly along the westerly line of the West 33.98 feet of Lot 1-6 of John King's Subdivision to the northwest corner thereof; Thence northeasterly along the northerly line of said West 33.98 feet to the southwest corner of Lot 1 of the East 329.98 feet of Lot 8 of John King's Subdivision; Thence northwesterly along the westerly line of said Lot 1 to a point of intersection with the southerly line of the NE1/4 of said Lot 8; Thence southwesterly along said southerly line to the south- west corner of said NE1/4 of Lot 8; Thence northwesterly along the westerly lines of the NE1/4 of Lot 8, the SE1/4 of Lot 10, the NE1/4 Lot 10 and the E1/2 of Lot 12 all in John 51 King's Subdivision to the northwest corner of said E1/2 of Lot 12; Thence northeasterly along the northerly line of said E1/2 of Lot 12 to the southwest corner of Lot 1-1-1 of the E1/2 of Lot 14 in John King's Subdivision; Thence northwesterly along the westerly lines of Lot 1-1-1 of the E1/2 of Lot 14 John King's Subdivision to the northwest corner there- of; Thence northeasterly along the northerly line of said Lot 1-1-1 to a point of intersec- tion with the westerly right of way line of Central Avenue; Thence northeasterly crossing Central Avenue to a point of intersection of the easterly right of way line of Central Ave- nue and the northerly right of way line of E. 25th Street; Thence northeasterly along said northerly right of way line and extension thereof to a point of intersection with the east- erly right of way line of Elm Street; Thence southeasterly along said easterly right of way line to a point of intersection with the northerly right of way line of E. 24th Street; Thence northeasterly along said northerly right of way line and extension thereof to a point of intersection with the easterly right of way line of Windsor Avenue; Thence southeasterly along said easterly right of way line to a point of intersection with the nor- therly right of way line of E. 22nd Street; Thence northeasterly along said northerly right of way line to a point of intersection with the westerly right of way line of Stafford Street; Thence northeasterly crossing Stafford Street to a point of intersection of the easterly right of way line of Stafford Street and the northerly right of way line of Thomas Place; Thence southeasterly along said easterly right of way line of Stafford Street and exten- sion thereof to a point of intersection with the southerly right of way line of Garfield Ave- nue; Thence southwesterly along said southerly right of way line to a point of intersec- tion with the centerline of Stafford Street extended southeasterly; Thence southeasterly along the centerline of Stafford Street extended to a point of intersection with the north- westerly line of Lot 2-2 of Kerper Industrial Park; Thence southwesterly along said northwesterly line of Lot 1-2 of Kerper Industrial Park to the northernmost point of Lot 1 of Kerper Industrial Park; Thence southwesterly along the westerly line of said Lot 1 to a point of intersection with the northerly right of way line of E. 16th Street; Thence south- westerly along said northerly right of way line to the easterly right of way line of Pine Street; Thence southeasterly crossing E. 16th Street along said easterly right of way of Pine St. extended to a point of intersection with the southerly right of way line of E. 16th St.; Thence southwesterly along said southerly right of way line to a point of intersection with the easterly right of way line of Elm Street; Thence southeasterly along said easter- ly right of way line to a point of intersection with the northerly right of way line of E. 15th Street; Thence southwesterly along said northerly right of way line to a point of intersec- tion with the westerly right of way line of Elm Street; Thence southeasterly along said westerly right of way of Elm Street and extension thereof to a point of intersection with the centerline of E. 12th Street; Thence southwesterly along the said centerline of E. 12th Street to a point of intersection with the centerline of White Street; Thence southeasterly along said centerline of White Street to a point of interjection with the centerline of E. 11th Street; Thence southwesterly along said centerline of E. 11th Street to a point of in- tersection with the centerline of Central Avenue; Thence northwesterly along said cen- terline of Central Avenue to a point of intersection with the centerline of Loras Boule- vard, said point being the point of beginning. (p) Industrial Harbor Subarea shall mean that 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. 155-11 on May 2, 2011, which In - 52 dustrial Harbor Subarea includes the lots and parcels located within the area legally de- scribed as follows: Commencing as a point of reference at the intersection of the centerline of E. 12th Street and the westerly right of way of Elm Street extended southeasterly, in the City of Dubuque, Dubuque County, Iowa, said point being the point of beginning; Thence northwesterly along said westerly right of way line of Elm Street and extension thereof to a point of intersection with the northerly right of way line of E. Fifteenth Street; Thence northeasterly along said northerly right of way line to a point of intersection with the westerly right of way line of a public alley lying between Pine Street and Maple Street; Thence northwesterly along said westerly right of way line to the northeast cor- ner of the North 35 feet of Lot 255 in East Dubuque Addition; Thence southwesterly along the northwesterly line of said Lot to a point of intersection with the easterly right of way line of Pine Street; Thence northwesterly along said easterly right of way line and extension thereof to the northerly right of way line of E. 16th Street; Thence northeaster- ly along said northerly right of way line to the southwest corner of Lot 1 of Kerper Indus- trial Park; Thence northwesterly and continuing northeasterly along the westerly line of said Lot 1 to the most northerly corner thereof; Thence southwesterly along the westerly lines of Lot 1-2 and Lot 2A of Kerper Industrial Park to the southwest corner of said Lot 2A; Thence northeasterly along the southerly line of said Lot 2A to the southeast corner thereof; Thence northwesterly along the easterly line of said Lot 2A to the southwest corner of Lot 6 of Kerper Industrial Park; Thence northeasterly along the southerly line of said Lot 6 to the southeast corner thereof; Thence northwesterly along the easterly line of said Lot 6 to the northeast corner thereof and point of intersection with the south- erly right of way line of Kerper Court; Thence northeasterly along said southerly right of way line and extension thereof to a point of intersection with the centerline of Kerper Blvd; Thence northwesterly along said centerline to a point of intersection with the nor- therly line of Lot 3 of Kerper Industrial Park extended easterly; Thence northwesterly along said extended line to the northeast corner of said Lot 3, said point also being on the westerly right of way line of Kerper Blvd.; Thence northerly along said right of way line to a point of intersection with the northeasterly right of way line of Fengler St.; Thence southeasterly along the extension of said northeasterly right of way line cross- ing Kerper Blvd. to a point of intersection with the westerly line of Lot 1A of Block 7 Riv- er Front Subdivision No. 3, said point being on the easterly right of way line of Kerper Blvd.; Thence southeasterly along said easterly right of way line to a point of intersec- tion with the northerly right of way line of E. 16th Street; Thence southeasterly crossing E. 16th Street to a point of intersection of the south right of way line of E. 16th St. and the east right of way line of Kerper Blvd.; Thence northeasterly along the southerly right of way line of E. 16th St. to a point of intersection with the westerly shore of Peosta Channel; Thence southeasterly continuing along the westerly shore of Mississippi River adjacent to the following: Kerper Blvd., River Front Subdivision No. 2, Part of Govern- ment Lot 3, Section 19, T89N, R3E, 5th P.M., Parts of Congressional Lot 8 in Section 19, T89N, R3E, 5th P.M, Dubuque Harbor Improvement Company's Addition, and River Front Subdivision No. 1, to a point of intersection with the northerly line of Ice Harbor Urban Renewal Subarea B, described as "that area generally bounded on the north and west by the Chicago, Central and Pacific Railroad right-of-way, on the south by the nor- therly boundary of Subarea A and on the east by the municipal limits of the City of 53 Dubuque including any adjoining public right-of-way; Thence northwesterly and continu- ing southwesterly along the northerly and westerly sides of Ice Harbor Urban Renewal District Subarea B to a point of intersection with the southerly right of way line of E. 4th street; Thence southwesterly along said southerly right of way line to a point of intersec- tion with the centerline of U.S. Highways 61/151; Thence northeasterly along said cen- terline to a point of intersection with the centerline of E. 12th Street; Thence southwest- erly along said centerline to a point of intersection with the westerly right of way line of Elm St. extended, said point being the point of beginning; Excepting therefrom, the East 7th Street Subarea. (q) East 7th Street Subarea shall mean that portion of the Amended Project Area ini- tially described in the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District approved by Resolution No. 155-11 on May 2, 2011, which East 7th Street Subarea includes the lots and parcels located within the area le- gally described as follows: Block 13 Lot 1 of Lot 4, Lot 1 of Lot 5, Lot 1 of Lot 6, and Lots 7, 8, 9, 10, 11, 12, 13 and 14; Block '16 Lots 1, 2, 3, 4 and 5; and Block 17 Lots A, B, C, D, E, F, Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15, Lot 1 of Lot 16, Lot 1 of Lot 1 of Lot 17, Lot 2 of Lot 1 of Lot 18, Lot 2 of Lot 20, Lot 2 of Lot 21, Lot 2 of Lot 22, Lot 2 of Lot 23, Lot 2 of Lot 24, Lot 2 of Lot 25, Lot 2 of Lot 26, Lot 2 of Lot 27, Lot 3 of Lot 28, Lot 3 of Lot 29,Lot 3 of Lot 30, Lot 3 of Lot 31, Lot 3 of Lot 32 all in the Dubuque Harbor Improve- ment Co.'s Addition, Township 89 North, Range 3 East of the 5th P.M., Dubuque Coun- ty, Iowa and any adjoining public right-of-way. (r) Chaplain Schmitt Subarea shall mean that 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. 155-11 on May 2, 2011, which Chaplain Schmitt Subarea includes the lots and parcels located within the area legally described as follows: All of that part of the City of Dubuque lying easterly of the Peosta Channel also known as Chaplain Schmitt Island and the area lying east of the easterly right of way line of Kerper Boulevard between the centerline of U.S. Highway 61/151 and the south- erly right of way line of E. 16th Street in Sections 17, 18, 19 and 20, T89N, R3E, 5th P.M. in the City of Dubuque, Dubuque County, Iowa. (s) North Kerper Subarea shall mean that 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. 271-12 on October 1, 2012, which North Kerper Subarea includes the lots and parcels located within the area legally described as follows: Commencing as a point of reference at the point of intersection of the centerline of U.S. Highways 61 and 151 with the easterly right of way line of Kerper Boulevard in the City of Dubuque, Dubuque County, Iowa, said point being the point of beginning; Thence northwesterly along the easterly right of way line of Kerper Boulevard to a point of intersection with the northeasterly right of way line of Fengler Street extended; Thence northwesterly along said line crossing Kerper Boulevard right of way to the southerly most corner of Lot 1, Block 19 River Front Subdivision No. 3; Thence south- easterly crossing Fengler Street right of way to the northeast corner of Lot 3 of River Front Subdivision No. 4, said point being a point of intersection of the southwesterly 54 right of way line of Fengler Street with the westerly right of way line of Kerper Boule- vard; Thence continuing southeasterly along said westerly right of way line of Kerper Boulevard to the northeast corner of Lot 3 of Kerper Industrial Park; Thence westerly and northwesterly along to north line of said Lot 3 to a point of intersection with the westerly line of Kerper Industrial Park; Thence northeasterly along said westerly line to the northwest corner of Kerper Industrial Park; Thence southeasterly along the northerly line of Kerper Industrial Park to the southwest corner of Lot 1 of Lot 2 of Lot 20 of Jae- ger's Subdivision, said point being on the southeasterly right of way line of Peosta Street; Thence northeasterly along said right of way line to a point of intersection with the southerly line of Lot 2 of Giese Subdivision; Thence southwesterly along said south- erly line to the southeast corner of Lot 2 of 19 of Jaeger's Subdivision; Thence north- easterly along the easterly line of said Lot 2 of 19 to the northeast corner of said Lot 2 of 19, said point also being on the westerly boundary of Block 19 of River Front Subdivi- sion No. 3; Thence northeasterly along said westerly boundary to the northwest corner of Block 18, River Front Subdivision No. 3; Thence continuing northeasterly along the westerly boundary of Block 18 and Block 17 of River Front Subdivision No. 3 to a point of intersection with the southwesterly corner of Lot 1 of part of Lot 8 in McCraney's First Addition; Thence continuing northeasterly along the westerly lines of Lot 1 of part of Lot 8, Lot 1 of part of Lot 7, Lot 1 of Lot 2 of part of Lot 6, Lot 1 of part of Lot 6, Lot 1 of part of Lot 5, Lot 1 of part of Lot 4, Lot 1 of part of Lot 3, Lot 1 of part of Lot 2, the East 25 feet of part of vacated Marshall St., and Lot 2 of Lot 2 of Lot 1 all in McCraney's First Addition to the southwest corner of Lot 1 of Lot 2 of part of Lot 115 in Ham's Addition; Thence northeasterly along the westerly lines of Lot 1 of Lot 2 of part of Lot 115 and Lot 1 of part of Lot 114 all in Ham's Addition to the most westerly corner of Lot 1 of Bradley Place; Thence northeasterly along the westerly lines of Lot 1 and Lot 2 of Bradley Place to the most westerly corner of Lot 1 Block 15 of River Front Subdivision No. 3; Thence northeasterly along the northwesterly line of said Lot 1 Block 15 and continuing along the northwesterly line of Lot 2 of said Block 15 to the most westerly corner of Lot 2 of In- Futuro Subdivision No. 1; Thence continuing northeasterly along the northwesterly line of In-Futuro Subdivision No. 1 and continuing along the northwesterly line of Lots 1 and 2 of Reid! Place to the southwest corner of Lot 1 of Block 14 of River Front Subdivision No. 3; Thence northeasterly along the northwesterly line of said Block 14 to the most westerly corner of Block 13 of River Front Subdivision No. 3; Thence continuing north- easterly along the northwesterly line of Blocks 13, 12, 11, 10 and 9 to the northerly most corner of Lot 1 Block 9 River Front Subdivision No. 3; Thence continuing northeasterly along the northwesterly line of Lot 2 and Lot 2A, Block 9 River Front Subdivision No. 3 to the northerly most corner of said Lot 2A; Thence southeasterly along the northeaster- ly line of said Lot 2A to the northeast corner of said lot; Thence southwesterly along the southeasterly line of said Lot 2A to the most westerly corner of Lot 178 of Ham's Addi- tion; Thence southeasterly along the southwesterly lines of Lots 178 and 59 of Ham's Addition to the southerly most corner of said Lot 59, said point also being the point of intersection of the northeasterly right of way line of Farragut Street with the northwester- ly right of way line of Kerper Boulevard; Thence northeasterly along said Kerper Boule- vard right of way line and extension thereof to a point of intersection with the northeast- erly right of way line of Hawthorne Street; Thence southeasterly along the northeasterly and easterly right of way line of Hawthorne Street and Hawthorne Street Extension to a 55 point of intersection with the southwesterly right of way line of Lake Street; Thence southwesterly and northwesterly along said right of way line of Lake Street to a point of intersection with the southerly right of way line of Harbor Street; Thence southwesterly along said Harbor Street right of way line to the northeast corner of Lot 1 Block 4 River Front Subdivision No. 3; Thence southeasterly along the northeasterly line of said Lot 1 and continuing along the northeasterly line of Lot 1 Block 3 of River Front Subdivision No. 3 to the most easterly corner thereof; Thence southwesterly along the southeasterly line of said Lot 1 Block 3 to the easterly most corner of Block 1 of River Front Subdivi- sion No. 5; Thence southwesterly along the southeasterly line of said Block 1 River Front Subdivision No. 5 to the northerly right of way line of Hamilton Street Extension; Thence southwesterly crossing Hamilton Street Extension right of way to the easterly most corner of Lot 2 of 3 of 1 Block 5 River Front Subdivision No. 3; Thence continuing southwesterly along the original easterly boundary line of Blocks 5, 6 and 7 of River Front Subdivision No. 3, to the southerly most corner of Lot 2 of said Block 7, said point being the northeast corner of Lake Peosta Subdivision; Thence southerly along the easterly line of Lake Peosta Subdivision to a point of intersection with the centerline of U.S. Highways 61 and 151; Thence southwesterly along said centerline to a point of in- tersection with the easterly right of way line of Kerper Boulevard, said point of being the point of beginning; Excepting therefrom the Quebecor Economic Development District described as Lot 1 of McGraw-Hill, Key City Plating Replat in the City of Dubuque, Dubuque County, Iowa, and any adjoining public rights of way. (t) Quebecor Subarea shall mean that portion of the Amended Project Area added by the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Re- newal District approved by Resolution No. 271-12 on October 1, 2012, which Quebecor Subarea includes the lots and parcels located within the area legally described as fol- lows: Lot 1 of McGraw-Hill, Key City Plating Replat in the City of Dubuque, Dubuque Coun- ty, Iowa, and any adjoining public rights of way. (u) Harrison Street Subarea shall mean that portion of the Amended Project Area added by the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal Districted approved by Resolution No. 173-13 on June 3, 2013, which Harrison Street Subarea includes the lots and parcels located within the area legally described as follows: Lot 1 and Lot 2 of Harrison Street Place No. 2, Lot 1 and Lot 2 of Harrison Street Place No. 4, and Lot 1 of Harrison Street Place No. 5 all in the City of Dubuque, Dubu- que County, Iowa and any adjoining public rights of way. (v) Holy Ghost Subarea shall mean that portion of the Amended Project Area added by the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal Districted approved by Resolution No. 178-14 on June 16, 2014, which Holy Ghost Subarea includes the lots and parcels located within the area legally described as follows: Lot 1 of 1 and 2 of 1 of Paragon Square in the City of Dubuque, Dubuque County, Iowa; and also including the public right of way of Central Avenue abutting thereto; and A part of Central Avenue right of way described as follows: Commencing at the southeasterly corner of Lot 2-1 of Paragon Square; thence southeasterly along the westerly right of way line of Central Avenue a distance of ap- 56 proximately 2,655 feet to the northeasterly corner of Lot 1 of Lot 1 of Lot 1 of the East Half of Lot 14 in John King's Dubuque; thence northeasterly crossing Central Avenue to a point of intersection with the easterly right of way line of Central Avenue and the nor- therly right of way line of East 25th Street; thence northwesterly along the easterly right of way line of Central Avenue approximately 2,673 feet to a point of intersection with said easterly right of way line and the easterly extension of the south line of Lot 2-1 of Paragon Square; thence southwesterly crossing Central Avenue to the Point of Begin- ning. (w) Almond Street Subarea shall mean that portion of the Amended Project Area added by the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal Districted approved by Resolution No. 178-14 on June 16, 2014, which Almond Street Subarea includes the lots and parcels located within the area legally de- scribed as follows: Commencing at the intersection of the easterly right of way of Foye Street and the southerly right of way line of the public alley lying between Almond Street and West Lo- cust Street; thence easterly along said southerly right of way line to a point of intersec- tion with the westerly right of way line of Ellis Street; thence northwesterly along said westerly right of way line to the northeast corner of Lot 53 in Cox's Addition; thence nor- therly along the east line of that part of the vacated alley adjacent to Lots 53 and 54 in Cox's Addition approximately 20 feet to the northeasterly corner thereof; thence wester- ly along the north line of said vacated alley adjacent to said Lots 53 and 54 approxi- mately 78 feet to the northwest corner thereof; thence southerly along the west line of said vacated alley adjacent to said Lots 53 and 54 approximately 20 feet to the south- west corner thereof and the northeasterly corner of Lot 55 in Cox's addition; thence easterly along the north line of Lots 55 thru 66 in Cox's addition to the northwest corner of Lot 66 in Cox's Addition; thence southerly along the west line of said Lot 66 to a point of intersection with the northerly line of Lot 11 in Buettel's Subdivision; thence west along the north line of Lot 11, Lot 2-10 and Lot 1-10 of Buettel's Subdivision to a point of intersection with the easterly right of way line of Foye Street; thence southerly along said easterly right of way line to the Point of Beginning. (x) Amended Project Area shall mean the areas of the City of Dubuque, Iowa includ- ed within the Town Clock Subarea, the Old Main Subarea, the Town Clock Expansion Subarea, the Upper Main Subarea, the Ice Harbor Subarea A, the Ice Harbor Subarea B, the Ice Harbor Subarea C, the Warehouse Subarea, the South Main Subarea, the South Port Subarea, the Cable Car Subarea, the Bluff Street Subarea, the South Bluff Street Subarea, the Kerper Boulevard Subarea, the Washington Neighborhood Subar- ea, the Industrial Harbor Subarea, the East 7th Street Subarea, the Chaplain Schmitt Subarea, the North Kerper Subarea, the Quebecor Subarea, the Harrison Street Subar- ea, the Holy Ghost Subarea and the Almond Street Subarea, each as described in this Section. (y) Urban Renewal Plan shall mean the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District, approved by Resolution No. 178-14 on June 26, 2014, as the same may be amended from time to time. Section 2: The taxes levied on the taxable property in the Amended Project Area, le- gally 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 57 districts from and after the effective date of this Ordinance shall be divided as hereinaf- ter in this Ordinance provided. Section 3: Taxes. (a) As to the 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 tax- ing property in the Town Clock Subarea upon the total sum of the assessed value of the taxable property in the 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 Pro- ject, 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 proper- ty taxes are paid. The taxes so determined shall be referred herein as the "base period taxes" for such Subarea. (b) 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 ef- fective date of Ordinance No. 23-94. (c) 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 preced- ing the effective date of Ordinance No. 67-97. (d) 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 ef- fective date of Ordinance No. 26-02. (e) 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 ef- fective date of Ordinance No. 66-89. (f) 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 ef- fective date of Ordinance No. 97-00. (g) 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 ef- fective date of Ordinance No. 20-07. (h) As to the Warehouse Subarea, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2006, being the first day of the calendar year preceding the effective date of Ordinance No. 63-07. (i) 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. 58 (j) As to the South Port Subarea, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2007, being the first day of the calendar year preceding the effective date of Ordinance No. 60-08. (k) As to the Cable Car Subarea, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2008, being the first day of the calendar year preceding the effective date of Ordinance 58-09. (I) As to the Bluff Street 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, 2009, being the first day of the calendar year preceding the effective date of Ordinance 51-10. (m) As to the South Bluff Street Subarea, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of Janu- ary 1, 2010, being the first day of the calendar year preceding the effective date of Ordi- nance 33-11. (n) As to the Kerper Boulevard Subarea, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of Janu- ary 1, 1993, being the first day of the calendar year preceding the effective date of Ordi- nance 43-94. (o) As to the Washington Neighborhood Subarea, base period taxes shall be com- puted in the same manner using the total assessed value shown on the assessment roll as of January 1, 2010, being the first day of the calendar year preceding the effective date of Ordinance 33-11. (p) As to the Industrial Harbor Subarea, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of Janu- ary 1, 2010, being the first day of the calendar year preceding the effective date of Ordi- nance 33-11. (q) As to the East 7th Street Subarea, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of Janu- ary 1, 1996, being the first day of the calendar year preceding the effective date of Ordi- nance 64-97. (r) As to the Chaplain Schmitt Subarea, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of Janu- ary 1, 2010, being the first day of the calendar year preceding the effective date of Ordi- nance 33-11. (s) As to the North Kerper 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, 2011, being the first day of the calendar year preceding the effective date of Ordinance 60-12. (t) As to the Quebecor 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 first day of the calendar year preceding the effective date of Ordinance 88-02. (u) As to the Harrison Street Subarea, base period taxes shall be computed in the same manner, using the total assessed value shown on the assessment roll as of Janu- 59 ary 1, 2011, being the first day of the calendar year preceding the effective date of Ordi- nance 60-12. (v) As to the Holy Ghost 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, 2013, being the first day of the calendar year preceding the effective date of this Ordi- nance. (w) As to the Almond Street Subarea, base period taxes shall be computed in the same manner, using the total assessed value shown on the assessment roll as of Janu- ary 1, 2013, 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, as- sumed 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 re- finance, in whole or in part, urban renewal projects undertaken within the Amended Pro- ject 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 and taxes for the instructional support program of a school district imposed pursuant to Section 257.19 (but in each case only to the extent required under Section 403.19(2)), taxes for the payment of bonds and interest of each taxing district, and taxes imposed under Section 346.27(22) related to joint county -city buildings 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 Amend- ed 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 No. 60-12, as previously amended, and to fully implement the division of taxes in the Holy Ghost Subarea and the Almond Street 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 60 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 pub- lication as provided by law. Passed and approved this 7th day of July, 2014. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald Newspaper on the 11th day of July 2014. /s/Kevin S. Firnstahl, City Clerk 5. Public, Educational, and Governmental (PEG) Channel Consolidation: City Man- ager recommending approval of a recommendation from the Cable TV Commission for the PEG (Public, Educational, and Governmental) Channel Consolidation. Motion by Lynch to receive and file the documents and approve the recommendation. Seconded by Jones. Motion carried 7-0. 6. JFK Road and Wacker Drive Traffic Signal Replacement Project Award: City Man- ager recommending award of the contract for the JFK Road and Wacker Drive Traffic Signal Replacement Project to the low bidder Portzen Construction. Motion by Connors to receive and file the documents and adopt Resolution No. 206-14Awarding public im- provement contract for the John F. Kennedy Road and Wacker Drive Traffic Signal Re- placement Project. Seconded by Braig. City Engineer Gus Psihoyos responded to ques- tions regarding safety issued with the current equipment and costs and contractor and subcontractor bids related to the specialized truss required for the project. Motion car- ried 6-1 with Lynch voting nay. RESOLUTION NO. 206-14 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE JOHN F. KENNEDY ROAD AND WACKER DRIVE TRAFFIC SIGNAL REPLACEMENT PROJECT Whereas, sealed proposals have been submitted by contractors for the John F. Ken- nedy and Wacker Drive Traffic Signal Replacement Project, pursuant to Resolution No. 176-14 and Notice to Bidders published in a newspaper published in the City of Dubu- que, Iowa on the 6th day of June, 2014. Whereas, said sealed proposals were opened and read on the 26th day of June, 2014 and it has been determined that Portzen Construction, Inc., with a bid in the amount of $327,497.66, 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 Portzen Construction Inc. and the City Manager is hereby directed to execute a Public Improve- ment Contract on behalf of the City of Dubuque for the Project. Passed, approved and adopted this 7th day of July, 2014. Attest: Kevin S. Firnstahl, City Clerk 61 Roy D. Buol, Mayor 7. Arts and Cultural Affairs Advisory Commission Special Projects Grant Funding Recommendations for Fiscal Year 2015: Arts and Cultural Affairs Advisory Commission recommending approval for funding seven Fiscal Year 2015 Arts and Culture Grants for Special Projects and to authorize the City Manager to sign the grant agreements. Mo- tion by Braig to receive and file the documents and approve the recommendation. Se- conded by Connors. Ms. Braig read the list of applicants aloud. Motion carried 7-0. 8. Request for Work Session - Sustainable Dubuque Quarterly Work Session: City Manager recommending that the City Council schedule the next quarterly Sustainable Dubuque work session for August 18 at 5:00 p.m. Motion by Connors to set the work session as recommended. Seconded by Braig. Motion carried 7-0. COUNCIL MEMBER REPORTS Mayor Buol reported on discussions with the U.S. Conference of Mayors regarding early childhood education, brain development and learning that may be a topic at the next USCM annual conference. PUBLIC INPUT Jeff Lenhart, 1274 Locust Street, stated that he has posted vacancies for female membership on the Human Rights Commission on social media. There being no further business, upon motion the City Council adjourned at 7:41 p.m. /s/Kevin S. Firnstahl, CMC City Clerk 62