9 15 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 September 15,
2014 in the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sut-
ton (via phone); City Manager Van Milligen (via phone), Assistant City Manager Teri
Goodmann, 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)
Days of Peace (September 20-21, 2014) was accepted by Art Roche, Chairperson
for the Days of Peace Planning Committee, 5451 Meadow Ct., Asbury;
Dubuque Oktoberfest Day (September 27, 2014) was accepted by Greg Malm of the
Oktoberfest Steering Committee, 3110 Castle woods Lane;
Recovery Month (September 2014) was accepted by Emily Carney, Substance
Abuse Services Center, 799 Main Street;
Crop Walk Day (October 5, 2014) was accepted by R.R.S. Stewart, Co -Chairperson
for the Social Justice Committee, St. Luke United Methodist Church, 1199 Main Street.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dis-
pose of as indicated. Seconded by Jones. Motion carried 7-0.
1. Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of
8/26; Cable TV Commission of 7/1; City Council Proceedings of 8/4, 8/25, 8/26, 9/2;
Community Development Advisory Commission of 7/16 and 8/20; Library Board of Trus-
tees Report of 8/28; Park and Recreation Commission of 8/12; Proof of publication for
City Council proceedings of 8/18, 8/25, 8/26; Proof of publication for List of Claims and
Summary of Revenues for Month Ended July 31, 2014. Upon motion the documents
were received and filed.
2. Property Acquisition - 1513 Washington Street: City Manager recommending ap-
proval to purchase a home located at 1513 Washington Street owned by Roger D.
Richard for the purpose of rehabbing and reselling to a qualified homebuyer. Upon mo -
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tion the documents were received and filed and Resolution No. 285-15 Approving the
Acquisition of Real Estate Owned by Roger D. Richard at 1513 Washington Street in
the City of Dubuque was adopted.
RESOLUTION NO. 285-14
APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY ROGER D. RICH-
ARD AT 1513 WASHINGTON STREET IN THE CITY OF DUBUQUE
Whereas, the City of Dubuque intends to acquire certain real estate to for the pur-
pose of rehabbing and reselling it to income qualified households; and
Whereas, a purchase agreement has been finalized with the owner of the property
scheduled for acquisition.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque hereby approves the acquisition of the following
legally described property:
The North Half (1/2) of Lot 77 in East Dubuque, an addition in the City of Dubuque,
Iowa according to the recorded plat thereof
At the cost of Fifty -Six Thousand One Hundred and Forty -Five Dollars
($56,145.00).
Section 2. That the City of Dubuque hereby approves the acquisition of 1513 Wash-
ington Street owned by Roger D Richard at the cost of Fifty -Six Thousand One Hundred
and Forty -Five Dollars ($56,145.00).
Section 3. That the City of Dubuque be and is hereby authorized to accept a warranty
deed from the owner, conveying the owner's interest to the City of Dubuque, Iowa for
the herein described real estate.
Section 4. That the City Clerk be and is hereby authorized and directed to cause said
Quit Claim Deed to be recorded in the office of the Dubuque County Recorder, together
with certified copy of the Resolution.
Section 5. That the City Clerk 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 15th day of September, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. Property Acquisition - 1598 Washington Street: City Manager recommending ap-
proval to purchase a home located at 1598 Washington Street owned by Roger D.
Richard for the purpose of rehabbing and reselling to a qualified homebuyer. Upon mo-
tion the documents were received and filed and Resolution No. 286-14 Approving the
Acquisition of Real Estate Owned by Roger D. Richard at 1598 Washington Street in
the City of Dubuque was adopted.
RESOLUTION NO. 286-14
APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY ROGER D. RICH-
ARD AT 1598 WASHINGTON STREET IN THE CITY OF DUBUQUE
Whereas, the City of Dubuque intends to acquire certain real estate to for the pur-
pose of rehabbing and reselling it to income qualified households; and
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Whereas, a purchase agreement has been finalized with the owner of the property
scheduled for acquisition.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque hereby approves the acquisition of the following
legally described property:
Lot 2 of Lot 1 of Lot 12 in East Dubuque, an addition in the City of Dubuque, Iowa
according to the recorded plat thereof
At the cost of Forty -Seven Thousand Dollars ($47,000.00).
Section 2. That the City of Dubuque hereby approves the acquisition of 1598 Wash-
ington Street owned by Roger D Richard at the cost of Forty -Seven Thousand Dollars
($47,000.00).
Section 3. That the City of Dubuque be and is hereby authorized to accept a warranty
deed from the owner, conveying the owner's interest to the City of Dubuque, Iowa for
the herein described real estate.
Section 4. That the City Clerk be and is hereby authorized and directed to cause said
Quit Claim Deed to be recorded in the office of the Dubuque County Recorder, together
with certified copy of the Resolution.
Section 5. That the City Clerk 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 15th day of September, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
4. Property Acquisition - 1501-1503 Bluff Street: City Manager recommending author-
ization to acquire a duplex located at 1501-1503 Bluff Street from the Washington
Neighborhood Development Corporation for the purpose of rehabbing and reselling as
two separate properties to two qualified homebuyers. Upon motion the documents were
received and filed and Resolution No. 287-14 Approving the Acquisition of Real Estate
Owned by the Washington Neighborhood Development Corporation (WNDC) at 1501-
03 Bluff Street in the City of Dubuque was adopted.
RESOLUTION NO. 287-14
APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY THE WASHING-
TON NEIGHBORHOOD DEVELOPMENT CORPORATION (WNDC) AT 1501-03
BLUFF STREET IN THE CITY OF DUBUQUE
Whereas, the City of Dubuque intends to acquire certain real estate to for the pur-
pose of rehabbing and reselling to two qualified homebuyers; and
Whereas, a purchase agreement has been finalized with the owner of the property
scheduled for acquisition.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque hereby approves the acquisition of the following
legally described property:
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The Easterly 90 feet of the Northerly 40 feet of Lot 3, and the Easterly 100 feet of
the Southerly 2 feet of Lot 4 in D.N. Cooley's Subdivision of Out Lots 667, 668,
and 669 in the City of Dubuque, Iowa, according to the recorded plat thereof.
WNDC would like to offer the City $30,000 toward the debt owed and ask the City to
release the balance. The debt would then be $58,469. Our ultimate goal would be divide
the property at 1501-03 Bluff Street so that we could sell them as two separate proper-
ties and recoup the debt owed to us.
Section 2. That the City of Dubuque hereby approves the acquisition of 1501-03 Bluff
Street owned by WNDC at term listed above.
Section 3. That the City of Dubuque be and is hereby authorized to accept a warranty
deed from the owner, conveying the owner's interest to the City of Dubuque, Iowa for
the herein described real estate.
Section 4. That the City Clerk be and is hereby authorized and directed to cause said
Warranty Deed to be recorded in the office of the Dubuque County Recorder, together
with certified copy of the Resolution.
Section 5. That the City Clerk 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 15th day of September, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. 2014 Access Ramp Installation Project Phase 3: City Manager recommending that
the award for the 2014 Access Ramp Installation Project -Phase 3 be officially recorded
in the minutes of the City Council. Upon motion the documents were received, filed and
made a Make Matter of Record.
6. 2014 CDBG Curb Access Ramp Installation Project Acceptance: City Manager
recommending acceptance of the construction contract for the 2014 CDBG Curb Ac-
cess Ramp Installation Project, as completed by Midwest Concrete, Inc. Upon motion
the documents were received, filed and approved.
7. Key City Properties, LLC - Pre -annexation Agreement: City Manager recommend-
ing approval of Key City Properties, LLC Pre -Annexation Agreement in accordance with
the Fringe Area Development Standards, and authorize the Mayor to sign the agree-
ment on behalf of the City of Dubuque. Upon motion the documents were received and
filed and Resolution No. 288-14 Approving a Pre -Annexation Agreement Between the
City of Dubuque, Iowa and Key City Properties, LLC, was adopted.
RESOLUTION NO. 288-14
APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBU-
QUE, IOWA AND KEY CITY PROPERTIES, LLC
Whereas, Key City Properties, LLC, the owner of the following described property in
Dubuque County, Iowa (the Property) has submitted to the City Council of the City of
Dubuque an application for voluntary annexation of the Property to the City of Dubuque:
Lot 12 of Key City Subdivision, Section 13, T88N, R1E of the 5th P.M. in Dubuque
County, Iowa; and
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Whereas, Key City Properties, LLC has entered into a Pre -annexation Agreement
with the City of Dubuque, a copy of which is attached hereto governing the future an-
nexation of the Property; and
Whereas, the Property is not subject to an existing annexation moratorium; and
Whereas, the Property does not include any state or railroad property; and
Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property
in Dubuque County, Iowa and the extension of city limits by voluntary annexation; and
Whereas, the annexation of the Property is consistent with the Comprehensive Plan
of the City of Dubuque, necessary for the future orderly growth and development of the
City of Dubuque, and will promote efficient and cost effective extension of municipal
services; and
Whereas, the City Council finds that the annexation of the Property is in the public in-
terest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Pre -annexation Agreement by and between Key City Properties, LLC
and the City of Dubuque is hereby approved.
Passed, approved and adopted this 15th day of September, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
8. Holliday 5th Addition - Stormwater Facilities Fee Agreement: City Manager recom-
mending that the City Council consent to the assignment of interest in the Stormwater
Facilities Fee Agreement between the City and WBBW Holliday Development, LLC for
Lot 1 of Holliday 5th Addition. Upon motion the documents were received, filed and ap-
proved.
9. FY 2014 Consolidated Annual Performance and Evaluation Report (CAPER): City
Manager recommending approval of the submission of the Consolidated Annual Per-
formance and Evaluation Report (CAPER) to the U.S. Department of Housing and Ur-
ban Development for the period July 1, 2013, through June 30, 2014. Upon motion the
documents were received and filed and Resolution No. 289-14 Authorizing the Submis-
sion of a Consolidated Annual Performance and Evaluation Report (CAPER) for the Pe-
riod Commencing July 1, 2013 and Concluding June 30, 2014 was adopted.
RESOLUTION NO. 289-14
AUTHORIZING THE SUBMISSION OF A CONSOLIDATED ANNUAL PERFOR-
MANCE AND EVALUATION REPORT (CAPER) FOR THE PERIOD COMMENCING
JULY 1, 2013 AND CONCLUDING JUNE 30, 2014
Whereas, the City of Dubuque, Iowa, is an entitlement grant recipient under the
Community Development Block Grant (CDBG) Program of the U.S. Department of
Housing and Urban Development (HUD); and
Whereas, the CDBG regulations require that no later than ninety (90) days after the
completion of a program year, each entitlement recipient must submit a performance
and evaluation report, Consolidated Annual Performance and Evaluation Report (CA-
PER); and
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Whereas, the City has 1) prepared a CAPER for the program year commencing July
1, 2013 and concluding June 30, 2014; 2) published notice of availability of the CAPER
in the Telegraph Herald and City of Dubuque website on August 28,2014; 3) made cop-
ies of the CAPER available for public review at the Carnegie Stout Public Library, City
Hall, Housing and Community Development Department and City of Dubuque website;
4) held a public hearing pursuant to published notice before the Community Develop-
ment Advisory Commission on September 3, 2014; and
Whereas, the Community Development Advisory Commission has voted to approve
the CAPER and to recommend City Council approval.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Consolidated Annual Performance and Evaluation Report (CA-
PER) for the period commencing July 1, 2014 and concluding June 30, 2014 is hereby
approved for submission.
Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed
to execute the Consolidated Annual Performance and Evaluation Report (CAPER) on
behalf of the City of Dubuque, Iowa.
Section 3. That the City Manager is hereby authorized and directed to submit the
Consolidated Annual Performance and Evaluation Report (CAPER) to the U.S. Depart-
ment of Housing and Urban Development.
Passed, approved and adopted this 15th day of September, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
10. English Ridge Subdivision No. 2 - Acceptance of Subdivision Improvements: City
Manager recommending acceptance of the public improvements that the developer,
English Ridge, LLC, has recently completed in English Ridge Subdivision No. 2. Upon
motion the documents were received and filed and Resolution No. 290-14 Accepting
Public Improvements in English Ridge Subdivision No. 2 in the City of Dubuque, Iowa,
was adopted.
RESOLUTION NO. 290-14
ACCEPTING PUBLIC IMPROVEMENTS IN ENGLISH RIDGE SUBDIVISION NO. 2 IN
THE CITY OF DUBUQUE, IOWA
Whereas, pursuant to Resolution 421-11, certain public improvements including
street paving with curb, storm sewer and catch basins, sanitary sewer, watermain, and
street lighting were installed by the developer of English Ridge Subdivision No. 2 in the
City of Dubuque, Iowa; and
Whereas, the improvements have been completed and the City Manager has exam-
ined the work and has filed a certificate stating 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:
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Section 1. That the recommendation of the City Manager be approved and that said
public improvements in English Ridge Subdivision No. 2 be and the same is hereby ac-
cepted.
Section 2. That maintenance of said public improvements shall be the responsibility
of the owners, English Ridge, LLC, for a period of two (2) years from the date of this
resolution.
Passed, approved and adopted this 15th day of September, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
11. Iowa Finance Authority - Housing Trust Fund Application: City Manager recom-
mending approval to submit an Iowa Finance Authority Housing Trust Fund application
for continued support of homeownership activities in the Washington Neighborhood and
authorizing commitment of the a match from available General Funds. Upon motion the
documents were received and filed and Resolution No. 291-14 Approving Commitment
of Matching Funds for an Application to the Iowa Finance Authority (IFA) for State Hous-
ing Trust Funds was adopted.
RESOLUTION NO. 291-14
APPROVING COMMITMENT OF MATCHING FUNDS FOR AN APPLICATION TO
THE IOWA FINANCE AUTHORITY (IFA) FOR STATE HOUSING TRUST FUNDS
Whereas, the Iowa Finance Authority has recognized Dubuque's Housing Trust Fund
Committee as a certified Local Housing Trust Fund; and
Whereas, IFA has made funding available in statewide competition to local trust
funds for State Housing Trust Fund grants, in amounts based on population size; and
Whereas, a 25% local match is required for receipt of a funding award; and
Whereas, the Housing Trust Fund Committee has authorized an application to IFA for
a Housing Trust Fund award, in the amount of $173,574; and
Whereas, General Funds committed to the Washington Neighborhood revitalization
initiative are available in the current year Housing Department's budget in sufficient
amount to meet the matching funds requirement; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque hereby approves commitment of $43,394 in cur-
rent year General Funds as a match to the application for IFA State Housing Trust
Funds.
Section 2. That the Housing Trust Fund Committee, in accordance with Sec. 2-5D-7
of the Code of Ordinances, shall have final authority to direct how such funds shall be
used in support of revitalization activities in the Washington Neighborhoods.
Passed, approved and adopted this 15th day of September, 2014.
Roy D Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
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12. 2014 Justice Assistance Grant (JAG) Acceptance: City Manager recommending
approval to accept the 2014 Justice Assistance Grant (JAG) award from the Edward
Byrne Memorial Assistance Grant program and authorize the signing of the award doc-
ument and special conditions. Upon motion the documents were received, filed and ap-
proved.
13. Request for Proposals - Bunker Hill Golf Irrigation Project: City Manager recom-
mending approval to release a Request for Proposal for design, cost estimates and
construction administration services for the Bunker Hill Golf Course Irrigation Project.
Upon motion the documents were received, filed and approved.
14. Linseed Oil - CDBG Subrecipient Agreement: City Manager recommending ap-
proval of a Subrecipient Agreement between the City of Dubuque and Wilmac Property
Company for the redevelopment of 901 Jackson Street according to the terms of the
Community Development Block Grant contract. Upon motion the documents were re-
ceived, filed and approved.
15. Harvest Kitchen & Bar - Amendment to Loan Agreement for Name Change: City
Manager recommending approval of an amendment to the July 21, 2014 Loan Agree-
ment with Harvest Kitchen & Bar owned by Offal Food Group, LLC changing the name
of the restaurant from Harvest Kitchen & Bar to Brazen Open Kitchen & Bar. Upon mo-
tion the documents were received and filed and Resolution No. 292-14 Approving the
First Amendment to Loan Agreement between the City of Dubuque, Iowa, and Harvest
Kitchen & Bar was adopted.
RESOLUTION NO. 292-14
APPROVING THE FIRST AMENDMENT TO LOAN AGREEMENT BETWEEN THE
CITY OF DUBUQUE, IOWA AND HARVEST KITCHEN & BAR
Whereas, the City of Dubuque entered into a Loan Agreement with Harvest Kitchen &
Bar dated July 21, 2014; and
Whereas, Harvest Kitchen and Bar is owned by the Offal Food Group, a limited liabil-
ity corporation, and other investors; and
Whereas, Offal Food Group, LLC would like the Loan Agreement to reflect the proper
application/recipient as Offal Food Group, LLC d/b/a Brazen Open Kitchen & Bar; and
Whereas, Offal Food Group, LLC has decided to change the name of the restaurant
from Harvest Kitchen & Bar to Brazen Open Kitchen & Bar; and
Whereas, the parties have entered into the First Amendment to Loan Agreement to
reflect the foregoing.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque hereby approves the attached
First Amendment to Loan Agreement, and the Mayor is authorized and directed sign the
First Amendment to Loan Agreement on behalf of the City of Dubuque.
Section 2. All other terms and conditions of the Loan Agreement will remain in full
force and effect.
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Passed, approved and adopted this 15th day of September, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
16. Mediacom Communications Company: Correspondence from Mediacom Com-
munications Company advising the City of programming additions and rate adjustments
on or about October 1, 2014. Upon motion the documents were received and filed.
17. Signed Contracts: Agreement with IIW for engineering services related to the
Roosevelt Street Pumping Facility 2014 Project Upon motion the documents were re-
ceived and filed.
18. Alcohol Compliance Civil Penalty for Alcohol License Holders - Ron's Discount
Smokes: City Manager recommending approval of an Alcohol Compliance Settlement
Agreement with Ron's Discount Smokes & Beverage Center, 1691 Asbury Road. Upon
motion the documents were received, filed and approved.
19. Business License Refund: Request by Dave Adams for a refund of the tobacco li-
cense DBQ-060-15 for Dave's Downtown Conoco, Inc. located at 500 Locust St. in the
amount of 75.00 Upon motion the document was received, filed and approved.
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Lynch 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 Connors. Motion carried 7-0.
1. Rockfarm Holdings, Inc. - Development Agreement and Property Acquisition: City
Manager recommending that a public hearing be set for October 6, 2014, to approve a
Development Agreement between the City of Dubuque and Rockfarm Holdings, Inc. for
the acquisition of 4.28 acres in the Dubuque Technology Park Economic Development
District. Upon motion the documents were received and filed and Resolution No. 293-14
Intent to dispose of an interest in City of Dubuque Real Estate pursuant to a Develop-
ment Agreement between the City of Dubuque and Rockfarm Holdings, Inc. and fixing
the date for a public hearing of the City Council of the City of Dubuque, Iowa on the
Proposed Issuance of Urban Renewal Tax Increment Revenue Grant Obligations and
providing for the publication of notice thereof was adopted setting a public hearing for a
meeting to commence at 6:30 p.m. on October 6, 2014 in the Historic Federal Building.
RESOLUTION NO. 293-14
INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE
PURSUANT TO A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBU-
QUE AND ROCKFARM HOLDINGS, INC. AND FIXING THE DATE FOR A PUBLIC
HEARING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA ON THE
PROPOSED ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVENUE
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GRANT OBLIGATIONS AND PROVIDING FOR THE PUBLICATION OF NOTICE
THEREOF
Whereas, the City of Dubuque, Iowa (City) is the owner of the following real property
(the Property);
Lot 7 Block 2 of Dubuque Technology Park in the City of Dubuque, Iowa; and
Whereas, City and Rockfarm Holdings, Inc. have entered into a Development
Agreement, subject to the approval of the City Council, pursuant to which City will con-
vey the Property to Rockfarm Holdings, Inc., and Rockfarm Holdings, Inc. will construct
on the Property certain Improvements described in the Development Agreement; and
Whereas, the City Council has tentatively determined that it would be in the best in-
terests of City to approve the Development Agreement, including the conveyance of the
Property to Rockfarm Holdings, Inc.; and
Whereas, the Development Agreement provides for the issuance by City of economic
development grants to Rockfarm Holdings, Inc., referred to therein as Urban Renewal
Tax Increment Revenue Grant Obligations, payable from the tax increment revenues
collected in respect of the Improvements to be constructed by Rockfarm Holdings, Inc.
in accordance with the Development Agreement, for the purpose of carrying out the ob-
jectives of an Urban Renewal Plan as hereinafter described; and
Whereas, before said obligations may be approved, Chapter 403 of the Code of Iowa
requires that the City Clerk publish a notice of the proposal and of the time and place of
the meeting at which the City Council proposes to take action thereon and at which
meeting the City Council shall receive oral and/or written objections from any resident or
property owner of said City to such proposed action.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City of Dubuque intends to dispose of its interest in the foregoing-
described Property by Deed to Rockfarm Holdings, Inc. pursuant to the proposed De-
velopment Agreement.
Section 2. The City Clerk is hereby authorized and directed to cause this Resolution
and a notice to be published as prescribed by Iowa Code Section 364.7 of a public
hearing on the City's intent to dispose of the foregoing-described Property, to be held on
the 6th day of October, 2014 at 6:30 p.m. in the City Council Chambers at the Historic
Federal Building, 350 W. 6th Street, Dubuque, Iowa.
Section 3. The City Council will also meet at said time and place for the purpose of
taking action on the matter of authorizing Urban Renewal Tax Increment Revenue obli-
gations and the execution of the Development Agreement relating thereto with Rock -
farm Holdings, Inc., the proceeds of which obligations will be used to carry out certain of
the special financing activities described in the Urban Renewal Plan for the Dubuque
Industrial Center Economic Development District, consisting of the funding of economic
development grants to Rockfarm Holdings, Inc. pursuant to the Development Agree-
ment under the terms and conditions of said Urban Renewal Plan. It is expected that the
aggregate amount of the Tax Increment Revenue obligations will be approximately
$531,000.
Section 4. The City Clerk is hereby directed to cause at least one publication to be
made of a notice of said meeting, in a newspaper, printed wholly in the English lan-
guage, published at least once weekly, and having general circulation in said City, said
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publication to be not less than four days nor more than twenty days before the date of
said meeting on the disposal of the City's interest in the Property and the issuance of
said obligations.
Section 5. That the notice of the proposed action shall be in substantially the form at-
tached hereto.
Passed, approved and adopted this 15th day of September, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Upper Bee Branch Creek Restoration Project - 429 Rhomberg Stabilization Pro-
ject: City Manager recommending initiation of the bidding process for the 429 Rhomberg
Stabilization Project and further recommends that a public hearing be set for October 6,
2014. Upon motion the documents were received and filed and Resolution No. 294-14
Preliminary approval of plans, specifications, form of contract, and estimated cost; set-
ting date of public hearing on plans, specifications, form of contract, and estimated cost;
and ordering the advertisement for bids was adopted setting a public hearing for a
meeting to commence at 6:30 p.m. on October 6, 2014 in the Historic Federal Building.
RESOLUTION NO. 294-14
429 RHOMBERG STABILIZATION 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 429
Rhomberg Stabilization Project in the estimated amount $255,881.00, are hereby pre-
liminarily approved and ordered filed in the office of the City Clerk for public inspection.
A public hearing will be held on the 6th day of October, 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 429 Rhomberg Stabilization 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
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date for filing bids before 2:00 p.m. on the 9th day of October, 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 20th day of October, 2014, in the Historic Federal
Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa.
Passed, adopted and approved this 15th day of September, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
BOARDS/COMMISSIONS
Applicants were invited to address the Council regarding their application for ap-
pointment to the following commission:
Airport Commission: Two, 4 -year terms through September 14, 2018 (Expiring terms
of Accinelli and Daoud). Applicants: Steven Accinelli, 3007 Huntington Dr.; R.J. Blocker,
880 Kane St.; and Dan Nicholson, 889 Walker St. Mr. Blocker spoke in support of his
appointment.
Appointment was made to the following commission:
Zoning Board of Adjustment: One, 5 -year term through March 25, 2019 (Vacant term
of Hutchinson). Applicant: Joyce Pope, 560 West 13th St. Motion by Connors to appoint
Joyce Pope to a 5 -year term through March 25, 2019. Seconded by Lynch. Motion car-
ried 7-0.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to address the City
Council on the following items.
1. Fiscal Year 2015 Budget Amendment No. 1: Proof of publication on notice of pub-
lic hearing to consider approval of the first Fiscal Year 2015 Budget Amendment, which
amends the Fiscal Year 2015 Budget for City Council actions since the beginning of the
Fiscal Year and includes items which City Council has expressed support with the City
Manager recommending approval. Motion by Jones to receive and file the documents
and adopt Resolution No. 295-14 Amending the Current Budget for the Fiscal Year End-
ing June 30, 2015. Seconded by Braig. Motion carried 7-0.
12
RESOLUTION NO. 295-14
AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 3,
2015
Be it Resolved by the Council of the City of Dubuque:
Section 1. Following notice published 09/05/2014 and the public hearing held,
09/15/2014 the current budget (as previously amended) is amended as set out herein
and in the detail by fund type and activity that supports this resolution which was con-
sidered at that hearing:
Passed, adopted and approved this 15`r' day of September, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. English Mill Road Pumping Facility Project: Proof of publication on notice of public
hearing to consider approval of the plans, specifications, form of contract and estimated
cost for the English Mill Road Pumping Facility Project. Additional correspondence from
Frank Smith, Attorney for the Central Iowa Water Association, Assistant City Attorney
Maureen Quann, and City Manager Michael Van Milligen. Public hearing conducted.
13
Total Budget
as certified
or last amended
Current
Amendment
Total Budget
after Current
Amendment
Revenues & Other Financing Sources
24,011 ,071
0
24,011 ,071
Taxes Levied on Property 1
Less: Uncollected Properly Taxes -Levy Year 2
0
0
0
Net Current Property Taxes 3
24,011,071
0
24,011,071
Delinquent Property Taxes 4
0
0
0
TIF Revenues 5
10,622,261
0
10,622,261
Other City Taxes 6
14,959,338
0
14,959,338
Licenses & Permits 7
1,344,102
0
1,344,102
Use of Money and Property 8
12,903,511
135,000
13,038,511
Intergovernmental 9
54,838,264
12,501,032
67,339,296
Charges for Services 10
37,704,466
1,000
37,705,466
Special Assessments 11
32,000
774,748
806,748
Miscellaneous 12
8,512,439
1,640,651
10,153,090
Other Financing Sources 13
68,220,993
54,605,995
_
122,826,988
Total Revenues and Other Sources 14
233,148,445
69,658,426
302,806,871
Expenditures & Other Financing Uses
28,145,634
268,669
28,414,303
Public Safety 15
Public Works 16
12,382,658
263,595
12,646,253
Health and Social Services 17
1,125,838
27,855
1,153,693
Culture and Recreation 18
11,730,605
152,934
11,883,539
Community and Economic Development 19
13,443,888
162,040
13,605,928
General Government 20
7,832,880
125,847
7,958,727
Debt Service 21
8,982,241
135,000
9,117,241
Capital Projects 22
36,838,327
44,720,411
81,558,738
Total Government Activities Expenditures 23
120,482,071
45,856,351
166,338,422
Business Type / Enterprises 24
80,456,566
58,673,012
139,129,578
Total Gov Activities &Business Expenditures 25
200,938,637
104,529,363
305,468,000
Transfers Out 26
38,334,309
5,338,148
43,672,457
Total Expenditures/Transfers Out 27
239,272,946
109,867,511
349,140,457
Excess Revenues & Other Sources Over
(Under) Expenditures/Transfers Out Fiscal Year 28
-6,124,501
-40,209,085
-46,333,586
Beginning Fund Balance July 1 29
67,083,198
40,209,085
107,292,283
Ending Fund Balance June 30 30
60,958,697
0
60,958,697
Passed, adopted and approved this 15`r' day of September, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. English Mill Road Pumping Facility Project: Proof of publication on notice of public
hearing to consider approval of the plans, specifications, form of contract and estimated
cost for the English Mill Road Pumping Facility Project. Additional correspondence from
Frank Smith, Attorney for the Central Iowa Water Association, Assistant City Attorney
Maureen Quann, and City Manager Michael Van Milligen. Public hearing conducted.
13
Motion by Jones to close the public hearing. Seconded by Connors. Motion carried 7-0.
Motion by Jones to table the item to October 6, 2014. Seconded by Connors. Motion
carried 7-0.
3. English Mill Road Water Main Extension Project: Proof of publication on notice of
public hearing to consider approval of the plans, specifications, form of contract and es-
timated cost for the English Mill Road Water Main Extension Project. Additional corre-
spondence from Frank Smith, Attorney for the Central Iowa Water Association, Assis-
tant City Attorney Maureen Quann, and City Manager Michael Van Milligen. Public hear-
ing conducted. Motion by Jones to close the public hearing. Seconded by Connors. Mo-
tion carried 7-0. Motion by Jones to table the item to October 6, 2014. Seconded by
Connors. Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
1. Home Base Iowa Community - Resolution of Support: Rick Dickinson, Presi-
dent/CEO of Greater Dubuque Development Corporation, requesting City Council ap-
proval of a resolution supporting the City of Dubuque as a Home Base Iowa Communi-
ty. Motion by Lynch to receive and file the documents and adopt Resolution No. 298-14
Supporting the City of Dubuque as a Home Base Iowa Community. Seconded by Braig.
Mr. Dickinson addressed the City Council and provided background information on
Home Base Iowa Communities. Mayor Buol read the resolution for the record. Motion
carried 7-0.
RESOLUTION NO. 298-14
SUPPORTING THE CITY OF DUBUQUE AS A HOME BASE IOWA COMMUNITY
Whereas, the citizens of the Greater Dubuque area owe a debt of gratitude to military
men and women and the City of Dubuque complements Iowa's mission to welcome,
employ, and honor those who have served our country; and
Whereas, the City of Dubuque welcomes all newcomers and offers incentives for
veterans and their families through employment opportunities, education, relocation
services, entrepreneurship assistance and other veteran resources; and
Whereas, the City of Dubuque is committed to making Dubuque a community of
choice for military men, women and their families as they transition to civilian careers.
NOW, THEREFORE, be it resolved that the City Council of the City of Dubuque, Io-
wa, hereby supports the City of Dubuque as a Home Base Iowa Community.
Passed, approved, and adopted this the 15th day of September, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. SRF Green Alley Bid Set 2 - Year 2 Project Award: City Manager recommending
award of the contract for the SRF Green Alley Bid Set 2 - Year 2 Project to Drew Cook
and Sons Excavating. Motion by Braig to receive and file the documents and adopt
Resolution No. 299-14 Awarding public improvement contract for the SRF Green Alley
14
Bid Set 2 - Year 2 Project. Seconded by Connors. Resnick stated that he appreciated
the delay in awarding the project to provided time for review, but questioned the pace
and costs of the project being subject to the contractor and passed on to property own-
ers. Connors stated that delaying the alley projects may result in higher project costs.
Motion carried 6-1 with Resnick voting nay.
RESOLUTION NO. 299-14
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE SRF GREEN ALLEY
BID SET 2 — YEAR 2 PROJECT
Whereas, sealed proposals have been submitted by contractors for the SRF Green
Alley Bid Set 2 — Year 2 Project (the Project) pursuant to Resolution No. 217-14 and
Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa on
the 25th day of July, 2014.
Whereas, said sealed proposals were opened and read on the 21 st day of August,
2014, and it has been determined that Drew Cook and Sons Excavating, Inc. of Dubu-
que, Iowa, with a bid in the amount of $1,006,608.30, is the lowest responsive, respon-
sible 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 Drew Cook
and Sons Excavating, 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 15th day of September, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. Code of Ordinances Amendment - Dubuque Technology Park Economic Devel-
opment District: City Manager recommending approval of an ordinance amending the
Tax Increment Financing District for the Dubuque Technology Park Economic Devel-
opment District to expand the district to include Subarea C where Rockfarm Holdings,
Inc. will be building and creating 48 jobs. Motion by Jones to receive and file the docu-
ments and that the requirement that a proposed ordinance be considered and voted on
for passage at two Council meetings prior to the meeting at which it is to be passed be
suspended. Seconded by Braig. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 58-14 Amend-
ing Ordinance No. 65-97, as amended by Ordinance No. 44-14, Providing that General
Property Taxes Levied and Collected Each Year on all Property Located Within the
Dubuque Technology Park Economic Development 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 Community School District and Other Taxing
Districts, be paid to a Special Fund for Payment of Principal and Interest on Loans,
Monies Advanced to and Indebtedness, Including Bonds Issued or to be Issued, In-
curred by said City in Connection with said Urban Renewal Redevelopment Project. Se-
conded by Braig. Motion carried 7-0.
15
OFFICIAL PUBLICATION
ORDINANCE NO. 58-14
AMENDING ORDINANCE NO. 65-97, AS AMENDED BY ORDINANCE NO. 44-14,
PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH
YEAR ON ALL PROPERTY LOCATED WITHIN THE DUBUQUE TECHNOLOGY
PARK ECONOMIC DEVELOPMENT DISTRICT, IN THE CITY OF DUBUQUE, COUN-
TY 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 AD-
VANCED TO AND INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE IS-
SUED, INCURRED BY SAID CITY IN CONNECTION 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, as amended by Ordinance
No. 44-14, 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, 280-14, adopted on September 2, 2014,
approved an Amended and Restatement Urban Renewal Plan for the Dubuque Tech-
nology Park Economic Development District, which amended the District to include ad-
ditional property as described therein; and
Whereas, indebtedness has been incurred by the City, and additional expenditures
and indebtedness are anticipated to be incurred by the City of Dubuque, Iowa in the fu-
ture to finance urban renewal project activities carried out in furtherance of the objec-
tives of the Urban Renewal Plan and the continuing needs of redevelopment within the
Urban Renewal Project Area are such as to require the continued application of the in-
cremental tax resources of the Urban Renewal Project Area; 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 Urban Renewal Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Ordinance No. 65-97, as amended by Ordinance No. 44-14, 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
16
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 bearing 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;
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;
17
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 sec-
onds 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 North-
westerly 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;
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;
18
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;
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;
19
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, Dubu-
que 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 de-
grees 10 minutes 44 seconds East;
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;
20
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.
(c) Subarea C of the District shall include that area described as follows: LOT 7 IN
BLOCK 2 OF DUBUQUE TECHNOLOGY PARK, AND ALL OF THE DATA COURT
RIGHT OF WAY ADJACENT TO LOT 7 IN BLOCK 2 OF DUBUQUE TECHNOLOGY
PARK, ALL IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA.
(d) Amended Project Area shall mean the areas of the City of Dubuque, Iowa located
within Subarea A, Subarea B and Subarea C, each as described in this Section.
(e) Urban Renewal Plan shall mean the Amended and Restated Urban Renewal Plan
for the Technology Park Economic Development District, approved by Resolution No.
280-14 on September 2, 2014, as the same may be amended from time to time.
Section 2. That the taxes levied on the taxable property in Subareas A and C of the
Amended Project Area, legally described in Section 1 hereof, by and for the benefit of
the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School
District, and all other taxing districts from and after the effective date of this Ordinance
shall be divided as hereinafter in this Ordinance provided.
Section 3. As to Subarea A, 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 assessed value of the taxable property in Subarea A of the Amended
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 certi-
fied to the County Auditor the amount of loans, advances, indebtedness, or bonds pay-
able 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
21
for the taxing district into which all other property taxes are paid. The taxes so deter-
mined shall be referred to herein as the "base period taxes" for such Subarea.
As to 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, 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 de-
termined for Subareas A and C as provided in Section 3 of this Ordinance shall be allo-
cated to and when collected be paid into a special tax increment fund of the City of
Dubuque, Iowa previously established, to pay the principal of and interest on loans,
monies advanced to, indebtedness, 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 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 payment of
bonds and interest of each taxing district and any other levies described in Section
403.19 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 Sub-
areas A and C of the Amended Project Area exceeds the total assessed value of the
taxable property in Subareas A and C of the Amended Project Area as 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 Subareas A and C of the Amended Project Area
shall be paid into the funds for the respective taxing districts as taxes by or for said tax-
ing 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 Subareas A and C
of the Amended 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 continue the division of taxes from property within Subarea A of
the Amended Project Area under the provisions of Section 403.19 of the Code of Iowa,
as authorized in Ordinance 65-97, as previously amended, and to fully implement the
division of taxes within Subarea C of the Amended 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 provisions or application of this Ordinance which shall at all times
be construed to fully invoke the provisions of Section 403.19 of the Code of Iowa with
reference to Subareas A and C of 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.
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Passed and approved this 15th day of September, 2014.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 19th day of September,
2014.
/s/Kevin S. Firnstahl, City Clerk
4. Novelty Iron Works Facility Tour: Correspondence from Bob Johnson of Novelty
Iron Works Landlord, LLC inviting the City Council to tour the Novelty Iron Works rede-
velopment project at 333 East 10th Street at a time and date convenient for the City
Council. Motion by Connors to receive and file the documents and for Council members
to contact Mr. Johnson individually or through staff to arrange tour times. Motion carried
7-0.
CLOSED SESSION
Motion by Jones to convene in closed session at 7:18 p.m. to discuss pending litiga-
tion and property acquisition pursuant to Chapter 21.5(1)(c), -(j) Code of Iowa. Second-
ed by Resnick. Motion carried 7-0.
Upon motion the City Council reconvened in open session at 7:49 p.m. stating that
staff had been given proper direction.
There being no further business, upon motion the City Council adjourned at 7:50 p.m.
/s/Kevin S. Firnstahl, CMC
City Clerk
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