09 20 21 City Council Proceedings Official_Special and RegularCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special session at 5:00 p.m. on September 20, 2021, in
the second -floor Council Chambers of the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol (attended via phone and joined at 5:10 p.m. due to technical
difficulties); Mayor Pro Tern Sprank (chaired the meeting due to Mayor Buol's attendance via
phone); Council Members Cavanagh, Farber, Jones, Resnick, Roussell; City Manager Van
Milligen, City Attorney Brumwell.
Mayor Pro Tern Sprank read the call and stated this is a special session of the City Council
called for the purpose of conducting work sessions on the Project HOPE Quarterly Update
and the Dubuque Regional Airport Master Plan.
WORK SESSIONS (2)
1. Project HOPE Quarterly Update: Staff from the Community Foundation of Greater
Dubuque presented a quarterly report on Project HOPE's ongoing work. Peter Supple,
Economic Opportunity Coordinator; Alex Baum, Knowledge Management Director; and Donna
Loewen, Local College Access Network Coordinator, made a presentation. Topics included:
• Collective Impact Model
• Current Project HOPE Initiatives:
o Office of Shared Prosperity Support
o MIT Good Companies, Good Jobs Initiative
o Youth Empowerment Coalition (YEC)
• Additional Initiatives
• Dubuque College Access Network (DCAN)
The presenters responded to questions from the City Council regarding strategies for
engaging underserved populations, DCAN funding options, and how businesses can be
involved with the YEC.
This work session concluded at 5.31 p.m.
2. Dubuque Regional Airport Master Plan: Airport Director Todd Dalsing introduced Mike
Dmyterko of Coffman and Associates who provided a presentation on the Dubuque Regional
Airport Master Plan. Topics included:
• Master Plan Process
• Public Outreach
• Forecast Findings
• Recommended Development Concept
• Areas of Development
• Zoning Map
• Future Land Use
• Development Staging
• Projects Not Included in CIP
• Economic Benefit Analysis
• Next Steps
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Mr. Dmyterko responded to questions from the City Council regarding the Federal Aviation
Administration (FAA) approval process for the master plan and how the FAA plans for
accidents.
There being no further business, Mayor Pro Tern Sprank declared the meeting adjourned
at 6:09 p.m.
/s/Adrienne N. Breitfelder, City Clerk
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CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on September 20, 2021, in
the second -floor Council Chambers of the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol (attended via phone); Mayor Pro Tem Sprank (chaired the meeting
due to Mayor Buol's attendance via phone); Council Members Cavanagh, Farber, Jones,
Resnick, Roussell; City Manager Van Milligen, City Attorney Brumwell.
Mayor Pro Tern Sprank 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)
1. National Rail Safety Week Proclamation (September 20-26, 2021) was accepted by
Assistant City Engineer Bob Schiesl on behalf of CN and the City of Dubuque Engineering
Department.
CONSENT ITEMS
Randy and Mimi Vaassen, 9843 Katie Cove, approached the podium to speak about Action
Item No. 3. Point of order by City Attorney Brumwell that public input on action items occurs
during the public input section of the meeting. Council Member Jones requested Item No. 20
be held for separate discussion. Motion by Resnick to receive and file the documents, adopt
the resolutions, and dispose of as indicated, except for Item No. 20. Seconded by Jones.
Motion carried 7-0.
1. Minutes and Reports Submitted: City Council proceedings of 9/7; Library Board of
Trustees Update of 8/26; Zoning Advisory Commission of 9/1; Zoning Board of Adjustment of
8/26; Proof of publication for City Council proceedings of 8/23, 8/24, and 8/25. Upon motion
the documents were received and filed.
2. Notice of Claims and Suits: Lisa Delaney for vehicle damage; Suzan Taliaferro for personal
injury. Upon motion the documents were received, filed, and referred to the City Attorney.
3. Disposition of Claims: City Attorney advised that the following claims have been referred
to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool:
Lisa Delaney for vehicle damage; Suzan Taliaferro for personal injury. Upon motion the
documents were received, filed, and concurred.
4. Approval of City Expenditures: City Manager recommended City Council approval for
payment of City expenditures. Upon motion the documents were received and filed, and
Resolution No. 313-21 Authorizing the Director of Finance and Budget/City Treasurer to make
certain payments of bills that must be paid and approved for payment in accordance with City
procedures was adopted.
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RESOLUTION NO. 313-21
AUTHORIZING THE DIRECTOR OF FINANCE AND BUDGET / CITY TREASURER TO
MAKE CERTAIN PAYMENTS OF BILLS THAT MUST BE PAID AND APPROVED FOR
PAYMENT IN ACCORDANCE WITH CITY PROCEDURES
Whereas, Section 1-7-7(E) of the Municipal Code of the City of Dubuque provides that the
Finance Director -City Treasurer shall keep an accurate account of all disbursements, money, or
property, specifying date, to whom, and from what fund paid; and
Whereas, the invoices, presented by those firms and persons providing such goods and
services have been pre -audited by Finance Department personnel in accordance with generally
accepted internal control procedures and have been determined to have been requisitioned for
a lawful municipal purpose; and
Whereas, the Finance Director -City Treasurer has provided a list of Expenditures attached
hereto, and by this reference made a part hereof, to be drawn to pay for goods and services
provided for City purposes; and
Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 142-18
adopted May 7, 2018, authorized the Finance Director -City Treasurer to issue checks in
payment of certain expenditures known as Exception Expenditures prior to City Council approval
and such list is attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The Finance Director -City Treasurer is hereby authorized to issue payment for
goods and services provided for City purposes in response to the purchase orders and contracts
issued in compliance with state and municipal code requirements as requested by designated
requisitioning authorities in accordance with approved budget appropriations.
Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Finance
Director are hereby authorized and directed to provide the statement of receipts and
disbursements to the City Council, and to publish a summary thereof.
Passed, approved, and adopted this 20th day of September, 2021.
Danny C. Sprank, Mayor Pro Tern
Attest: Adrienne N. Breitfelder, City Clerk
5. Resolution Approving Fund Transfers for Parking Operating and Capital Deficit: City
Manager recommended approval of the suggested proceedings approving a transfer of funds
from the Greater Downtown Tax Increment Financing Special Revenue Fund to the Parking
Operating and Capital Funds for the deficits caused by COVID-19 in Fiscal Years 2020 and
2021. Upon motion the documents were received and filed, and Resolution No. 314-21
Authorizing the Director of Finance and Budget to make the appropriate interfund transfers of
sums and record the same in the appropriate manner for the FY 2021 for the City of Dubuque,
Iowa was adopted.
RESOLUTION NO. 314-21
AUTHORIZING THE DIRECTOR OF FINANCE AND BUDGET TO MAKE THE
APPROPRIATE INTERFUND TRANSFERS OF SUMS AND RECORD THE SAME IN THE
APPROPRIATE MANNER FOR THE FY 2021 FOR THE CITY OF DUBUQUE, IOWA
Whereas, Iowa Administrative Rules Code Section 545-2.5(5) implements Iowa Code Section
384.18 and provides that the City Council shall approve all transfers of moneys from one
budgeted fund to another budgeted fund as provided in Iowa Administrative Rules Code Section
545-2.5(5).
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
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Section 1. Authorize the Director of Finance and Budget to Transfer Funds. That the Director
of Finance and Budget be and is hereby authorized by the City Council to make the appropriate
interfund transfer of sums and record the same in the appropriate manner for FY 2021.
Section 2. Transfer of Funds. That the Director of Finance and Budget will transfer the
following sums and to record the same in the appropriate manner:
1. Transfer from the Greater Downtown Tax Increment Financing Special Revenue Fund
to the Parking Operating Fund $635,788.16 to fund the Fiscal Year 2020 and 2021 deficit
caused by COVID-19.
2. Transfer from the Greater Downtown Tax Increment Financing Special Revenue Fund
to the Parking Construction Fund $1,046,607.01 to fund the Fiscal Year 2020 and 2021
deficit caused by COVID-19.
Passed, approved and adopted this 201" day of September 2021.
Danny C. Sprank, Mayor Pro Tern
Attest: Adrienne N. Breitfelder, City Clerk
6. Final Plat of Cedar Ridge Farm Place No. 19: Zoning Advisory Commission recommended
approval of the Final Plat of Cedar Ridge Farm Place No. 19 subject to waiving the lot frontage
requirement for Lot 1 and Lot 2. Upon motion the documents were received and filed, and
Resolution No. 315-21 Approving the Final Plat of: Cedar Ridge Farm Place No. 19, City of
Dubuque, Dubuque County, Iowa was adopted.
RESOLUTION NO. 315-21
APPROVING THE FINAL PLAT OF: CEDAR RIDGE FARM PLACE NO. 19, CITY OF
DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, there has been filed with the City Clerk a Final Plat of Cedar Ridge Farm Place No.
19, City of Dubuque, Dubuque County, Iowa; and
Whereas, said Final Plat provides 0 feet of frontage for Lot 1 and Lot 2 on a public or approved
private street, where street frontage is required by Section 11-14 of Title 16 of the City of
Dubuque Code of Ordinances, Unified Development Code; and
Whereas, said Final Plat has been examined by the Zoning Advisory Commission and its
approval has been endorsed thereon; and
Whereas, said Final Plat has been examined by the City Council and they find that it conforms
to the statues and ordinances relating thereto.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA-
Section 1. That Section 11-14 of Title 16 of the City of Dubuque Code of Ordinances, Unified
Development Code, is waived to allow 0 feet of frontage on a public street or an approved private
street.
Section 2. That the Final Plat of Cedar Ridge Farm Place No. 19, City of Dubuque, Dubuque
County, Iowa is hereby approved, and the Mayor and City Clerk are hereby authorized and
directed to endorse the approval of the City of Dubuque, Iowa upon said Final Plat.
Passed, approved and adopted this 20th day of September 2021.
Danny C. Sprank, Mayor Pro Tern
Attest: Adrienne N. Breitfelder, City Clerk
7. Pre -Annexation Agreement - Spencer J. and Emily A. Birkenholz: City Manager
recommended approval of a Pre -Annexation Agreement with Spencer J. and Emily A.
Birkenholz, property owners, for property located at 10121 Timothy Street in Dubuque County,
in conjunction with their request to connect to City water. Upon motion the documents were
received and filed, and Resolution No. 316-21 Approving a Pre -Annexation Agreement between
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the City of Dubuque, Iowa and Spencer J. and Emily A. Birkenholz was adopted.
RESOLUTION NO. 316-21
APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE,
IOWA AND SPENCER J. AND EMILY A. BIRKENHOLZ
Whereas, Spencer J. and Emily A. Birkenholz, the owner of the following described property
located at 10121 Timothy Street in Dubuque County, Iowa (the Property) have submitted to the
City Council of the city of Dubuque an application for voluntary annexation of the Property to the
City of Dubuque:
Lot 7 of Twin Ridge Subdivision No. 5 in Section 12, table Mound Township, Dubuque
County, Iowa, according to the recorded plat thereof.
Whereas, Spencer J. and Emily A. Birkenholz has entered into a Pre -annexation Agreement
with the City of Dubuque, a copy of which is attached hereto governing the future annexation 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 interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Pre -annexation Agreement by and between Spencer J. and Emily A.
Birkenholz and the City of Dubuque is hereby approved.
Passed, approved and adopted this 20th day of September 2021.
Danny C. Sprank, Mayor Pro Tern
Attest: Adrienne N. Breitfelder, City Clerk
8. Pre -Annexation Agreement - Nicholas and Kaylyn Hoffmann: City Manager recommended
approval of a Pre -Annexation Agreement with Nicholas and Kaylyn Hoffmann, property owners,
for property located at 9970 Four Sisters Court in Dubuque County, in conjunction with their
request to connect to City water. Upon motion the documents were received and filed, and
Resolution No. 317-21 Approving a Pre -Annexation Agreement between the City of Dubuque,
Iowa and Nicholas and Kaylyn Hoffmann was adopted.
RESOLUTION NO. 317-21
APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE,
IOWA AND NICHOLAS AND KAYLYN HOFFMANN
Whereas, Nicholas and Kaylyn Hoffmann, the owner of the following described property
located at 9970 Four Sisters Court in Dubuque County, Iowa (the Property) have submitted to
the City Council of the city of Dubuque an application for voluntary annexation of the Property
to the City of Dubuque:
Lot 5 of Twin Ridge Subdivision No. 5 in Section 12, Table Mound Township, Dubuque
County, Iowa, according to the recorded plat thereof.
Whereas, Nicholas and Kaylyn Hoffmann has entered into a Pre -annexation Agreement with
the City of Dubuque, a copy of which is attached hereto governing the future annexation of the
Property; and
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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 interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Pre -annexation Agreement by and between Nicholas and Kaylyn Hoffmann
and the City of Dubuque is hereby approved.
Passed, approved and adopted this 20th day of September 2021.
Danny C. Sprank, Mayor Pro Tern
Attest: Adrienne N. Breitfelder, City Clerk
9. Intent to Apply for 2021-2022 MLK Day of Service Grant: City Manager recommended
approval to apply for the 2021-2022 MLK Day of Service Grant in the amount of $10,000. Upon
motion the documents were received, filed, and approved.
10. Intent to Apply for Iowa Tourism Grant: City Manager recommended approval to apply for
an Iowa Tourism Grant in the amount of $10,000. Upon motion the documents were received,
filed, and approved.
11. Intent to Apply for Iowa Arts Council American Rescue Plan Arts Grant to Organizations:
City Manager requested approval to apply for the Iowa Arts Council American Recue Plan Arts
Grant to Organizations in the amount of $20,000. Upon motion the documents were received,
filed, and approved.
12. Proposed Downtown Rehabilitation Grant Award for 2900 Central Avenue: City Manager
recommended approval of a Downtown Rehabilitation Loan Program Grant Award to Dub Jones
Real Estate, LLC for rehabilitation of 2900 Central Avenue in the maximum amount of $10,000
for fagade improvement and Planning & Design grant at $10,000 maximum. Upon motion the
documents were received and filed, and Resolution No. 318-21 Approving a Grant Agreement
between the City of Dubuque, Iowa and Dub Jones Real Estate, LLC for the redevelopment of
2900 Central Avenue was adopted.
RESOLUTION NO. 318-21
APPROVING A GRANT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND
DUB JONES REAL ESTATE, LLC FOR THE REDEVELOPMENT OF 2900 CENTRAL
AVENUE
Whereas, Dub Jones Real Estate, LLC is the owner of the building at 2900 Central Avenue
in the City of Dubuque, Iowa (the "Development Property") legally described as:
The Westerly 85 feet of Lot 297 in Davis Farm, a part of Dubuque, in the City of Dubuque,
Iowa, according to the recorded plat thereof.
Whereas, Dub Jones Real Estate, LLC has applied to the City of Dubuque Economic
Development Department (the "City") for a Fagade Grant and a Planning & Design Grant (the
"Grants") for the rehabilitation of the Development Property (the "Project"); and
Whereas, the Project is eligible for the Grants; and
Whereas, City and Dub Jones Real Estate, LLC has tentatively entered into a Grant
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Agreement for the Development Property (the "Grant Agreement"), a copy of which is attached
hereto; and
Whereas, it is the determination of the City Council that approval of the Grant Agreement for
redevelopment of the Development Property by Dub Jones Real Estate, LLC, according to the
terms and conditions set out in the Grant Agreement, is in the public interest of the City of
Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Grant Agreement between the City of Dubuque and Dub Jones Real
Estate, LLC is hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute the Grant Agreement
on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his
signature.
Section 3. That the City Manager is authorized to take such actions as are necessary to
comply with the terms of the Grant Agreement as herein approved.
Passed, approved and adopted this 20th day of September, 2021.
Danny C. Sprank, Mayor Pro Tern
Attest: Adrienne N. Breitfelder, City Clerk
13. 2021 Stumps / Sidewalk Project Two: City Manager recommended that the award for the
2021 Stumps / Sidewalk Project Two be officially recorded in the minutes of the City Council.
Upon motion the documents were received, filed and made a Matter of Record.
14. Bee Branch Railroad Culvert Trail Project: Land & Water Conservation Fund Grant,
Project Agreement: City Manager recommended approval of a resolution authorizing execution
of the Project Agreement between the Iowa Department of Natural Resources, the Land & Water
Conservation Fund, and the City in order to secure the use of $175,000.00 in a Land & Water
Conservation Fund grant for the Bee Branch Railroad Culverts Trail Project. Upon motion the
documents were received and filed, and Resolution No. 319-21 Approving a Federal Land &
Water Conservation Fund Program Project Agreement between the Iowa Department of Natural
Resources, the Land & Water Conservation Fund, and the City of Dubuque, Iowa for the Bee
Branch Creek Trail Connector Project was adopted.
RESOLUTION NO. 319-21
APPROVING A FEDERAL LAND & WATER CONSERVATION FUND PROGRAM
PROJECT AGREEMENT BETWEEN THE IOWA DEPARTMENT OF NATURAL
RESOURCES, THE LAND & WATER CONSERVATION FUND, AND THE CITY OF
DUBUQUE, IOWA FOR THE BEE BRANCH CREEK TRAIL CONNECTOR PROJECT
Whereas, the City of Dubuque City Council adopted Resolution 70-19 authorizing an
application for National Park Service Land & Water Conservation Fund (LWCF) grant funding
for the Bee Branch Railroad Culverts Project, also known as the Bee Branch Creek Trail
Connector Project; and
Whereas, the National Park Service has approved $175,000.00 in federal assistance from
the Land & Water Conservation Fund (LWCF) for the Bee Branch Creek Trail Connector Project;
and
Whereas, the Iowa Department of Natural Resources administers the LWCF grant and has
provided a Project Agreement outlining the terms under which the City of Dubuque can utilize
the LWCF grant; and
Whereas, the City Council has determined that execution of the Project Agreement is in the
best interest of the City of Dubuque.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Land and Water Conservation Fund Project Agreement is hereby approved.
Section 2. The City Manager is hereby authorized to execute the Project Agreement and such
other documents as are necessary to bind the City and to deliver the Project Agreement and
other such documents as the Iowa Department of Natural Resources may reasonably request.
Passed, adopted, and approved this 20th day of September, 2021.
Danny C. Sprank, Mayor Pro Tern
Attest: Adrienne N. Breitfelder, City Clerk
15. Pennsylvania Avenue Right of Way Platting: City Manager recommended approval of the
Acquisition Plat of Lot 2A of Dubuque Industrial Center North Third Addition in the City of
Dubuque, which provides additional right-of-way for future improvements to Pennsylvania
Avenue. Upon motion the documents were received and filed, and Resolution No. 320-21
Approving the Acquisition Plat of Lot 2A of Dubuque Industrial Center North Third Addition in
the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 320-21
APPROVING THE ACQUISITION PLAT OF LOT 2A OF DUBUQUE INDUSTRIAL
CENTER NORTH THIRD ADDITION IN THE CITY OF DUBUQUE, IOWA
Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat
dated September 13, 2021 prepared by the City of Dubuque Engineering Department describing
Lot 2A of Dubuque Industrial Center North Third Addition in the City of Dubuque, Iowa; and
Whereas, said plat conforms to the laws and statues pertaining thereto.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the plat date September 13, 2021, prepared by the City of Dubuque
Engineering Department, relative to the real estate hereinabove described be and the same is
hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed
to execute said plat on behalf of the City of Dubuque, Iowa.
Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and
certified copy of this resolution in the office of the Recorder, in and for Dubuque County, Iowa.
Passed, approved and adopted this 20th day of September 2021.
Danny C. Sprank, Mayor Pro Tern
Attest: Adrienne N. Breitfelder, City Clerk
16. 16th & Kerper Peosta Channel Bridge Fiber Collaboration Project: City Manager
recommended acceptance of the construction contract for the 16th & Kerper Peosta Channel
Bridge Fiber Collaboration Project, as completed by McDermott Excavating, in the final contract
amount of $90,823.13 which is a 3.7% increase from the original contract amount of $87,465.88.
Upon motion the documents were received and filed, and Resolution No. 321-21 Accepting the
16th & Kerper Peosta Channel Bridge Fiber Collaboration Project and authorizing the payment
to the contractor was adopted.
RESOLUTION NO. 321-21
ACCEPTING THE 16TH & KERPER PEOSTA CHANNEL BRIDGE FIBER
COLLABORATION PROJECT AND AUTHORIZING THE PAYMENT TO THE
CONTRACTOR
Whereas, the public improvement contract for 16th & Kerper Peosta Channel Bridge Fiber
Collaboration Project, (the Project) has been completed by the Contractor, McDermott
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Excavating, (Contractor), the City Engineer has examined the work and recommends that the
Project be accepted; and
Whereas, the final contract amount for the Project is $90,823.13; and
Whereas, the Contractor has previously been paid $86,281.97, leaving a balance of
$4,541.16; and
Whereas, the City Council finds that the recommendation of the City Engineer should be
accepted.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City Engineer is approved, and the Project is hereby
accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor the balance of the
retainage of $4,541.16 as provided in Iowa Code chapter 573, and to pay such retainage in
accordance with the provisions of Iowa Code chapter 573 or Iowa Code chapter 26.13.
Passed, approved and adopted this 20th day of September 2021.
Danny C. Sprank, Mayor Pro Tern
Attest: Adrienne N. Breitfelder, City Clerk
CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF 16TH & KERPER PEOSTA
CHANNEL BRIDGE FIBER COLLABORATION PROJECT
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has
inspected the 16th & Kerper Peosta Channel Bridge Fiber Collaboration Project has been
performed in compliance with the terms of the Public Improvement Contract, and that the total
cost of the completed work is $100,646.26.
Dated this 13th day of September 2021.
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 13t" day of September 2021.
/s/Adrienne N. Breitfelder, City Clerk
17. Signed Contract(s): Vendor Service Agreement with Hawkins Inc. for the Eagle Point
Water Plant Sodium Hypochlorite; Seventh Amendment to Facility Management Agreement with
Platinum Hospitality Group, LLC. Upon motion the documents were received and filed.
18. Improvement Contracts / Performance, Payment and Maintenance Bonds: Temperley
Excavating, Inc. for the Jonathan Lane, Cider Ridge and Orchard Drive Water Main
Replacement. Upon motion the documents were received, filed, and approved.
19. Iowa Department of Public Health (IDPH) Childhood Lead Poisoning and Healthy Homes
Funding and Agreement with the Visiting Nurse Association (VNA) and the Dubuque County
Board of Health: City Manager recommended approval of a contract with the Dubuque County
Board of Health and the Iowa Department of Public Health for continued funding of the
Childhood Lead Poisoning Prevention Program and a renewed agreement with the Visiting
Nurse Association for services related to the Childhood Lead Poisoning Prevention Program
and Healthy Homes Program. Upon motion the documents were received, filed, and approved.
20. City Tow Contract: City Manager recommended award of the FY2022-FY2025 City of
Dubuque Tow Contract to Wenzel Towing. Council Member Jones reported that all City Council
members received an email from one of the towing companies expressing concern that
customers do not have the opportunity to request their preferred towing company when they
experience a traffic incident. Chief of Police Mark Dalsing stated that vehicle owners determine
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who they contact to tow their vehicle in an auto incident, except if the vehicle is blocking traffic
or the vehicle is abandoned. Motion by Jones to receive and file the information and approve
the contract. Seconded by Resnick. Motion carried 7-0.
21. SRO and DARE Contracts for 2021-2022 School Year: City Manager recommended
approval of the School Resource Officer (SRO) and DARE Contracts between the City of
Dubuque and the Dubuque Community School District (DCSD) for the CY 2021- 2022 school
year. Upon motion the documents were received, filed, and approved.
22. Iowa Department of Transportation Lease Agreement at Jule Operations and Training
Center: City Manager recommended approval to extend the lease agreement with the Iowa
Department of Transportation for use of the CDL Course at the Jule Operations and Training
Center for Commercial Driver's License testing through August 31, 2022. Upon motion the
documents were received, filed, and approved.
23. Proposed Amendment to Master Co -Location and Shared Services Between the City of
Dubuque and Interstate power and Light: City Manager recommended approval of Amendment
6 to the Master Co -location and Shared Services Agreement with Interstate Power and Light
(IPL) for installation of a shared fiber conduit route within the City of Dubuque. Upon motion the
documents were received, filed, and approved.
24. Proposed Amendment to Master Co -Location and Shared Services Between the City of
Dubuque and Interstate Power and Light: City Manager recommended approval of Amendment
7 to the Master Co -location and Shared Services Agreement with Interstate Power and Light
(IPL) for purchase of a conduit system which crosses the Iowa and Wisconsin Bridge over the
Mississippi River. Upon motion the documents were received, filed, and approved.
25. Liquor License Renewals: City Manager recommended approval of annual beer, liquor
and wine licenses as submitted. Upon motion the documents were received and filed, and
Resolution No. 322-21 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 Liquor, Beer and Wine Licenses and Permits was adopted.
RESOLUTION NO. 322-21
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 LIQUOR,
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, provisionally approved,
and/or approved; 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 THAT:
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:
New Applications
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The Magnolia Events LLC , 168 East 10th Street
RPnPM/nIC
Driftless Catering, LLC, 168 East 10th St.
EZ STOP II, 700 Rhomberg Ave.
Knicker's Saloon, 2186 Central Ave.
Locust Tobacco & Liquor, 408 W. Locust St.
Phillips 66/Arby's, 10 South Main St.
Southend Tap, 55 Locust St.
Special Event(s) per Special Event Application Submittal
Backpocket Junior Ballroom 10-2-21 to 10-6-21, 333 East 10th St.
Dubuque Jaycees - Millwork Night Market 10-10-21 to 10-14-21, 7th and Jackson to 9th and
Jackson + East 8th Street to Elm St
Dubuque Museum of Art 10-1-21 to 10-5-21, 7th Street, between Bluff & Locust St.
Sertoma - 10-1-21 to 10-5-21, 4th and Bluff Streets
Provisional Issuances
Dubuque Jaycees - Blocktoberfest 9-7-21 to 9-11-21, Washington between loth & l ltn loth
between Jackson & Washington, and Jackson between 1011 and 11th
Dubuque Jaycees - Millwork Night Market 9-5-21 to 9-9-21, 7th & Jackson to 9th and
Jackson + East 8th Street to Elm St.
Passed, approved, and adopted this 20th day of September 2021.
Danny C. Sprank, Mayor Pro Tern
Attest: Adrienne N. Breitfelder, City Clerk
BOARDS/COMMISSIONS
Appointments were made to the following boards/commissions:
i. Airport Commission: Two, 4-Year terms through September 14, 2025 (Expiring terms of
Brotherton and Kurtz- Weber). Applicants: Douglas Brotherton, 2823 Hickory Hill Dr. Marianne
Kurtz -Weber, 955 Prince Philip Dr. This commission is subject to the State of Iowa Gender
Balance Law. 5 Commissioners total; currently 1 male/2 females/2 openings. Motion by
Cavanagh to appoint Mr. Brotherton and Ms. Kurtz -Weber to the two four-year terms through
September 14, 2025. Seconded by Roussell. Motion carried 7-0.
ii. Building Code Advisory and Appeals Board: One, 3-Year term through January 1, 2024
(Vacant HVAC Construction Professional term of Swift). Applicant: Corey Valaskey, 1385 Alta
Vista (Applying for HVAC Construction Professional). Motion by Jones to appoint Mr. Valaskey
to the three-year term through January 1, 2024. Seconded by Farber. Motion carried 7-0.
iii. Historic Preservation Commission: One, 3-Year term through July 1, 2024 (Vacant term of
Doyle)* Applicant: William Doyle, 1591 White St. This commission is subject to the State of Iowa
Gender Balance Law. 9 Commissioners total; currently 5 males/2 females/2 openings *Opening
was advertised for 90 days while non -male identifying applicants were sought in adherence with
Iowa Code 69.16A Gender Balance. Additional openings on the commission are being
advertised for 90 days while nonmale identifying applicants are sought in adherence with Iowa
Code 69.16A Gender Balance. Motion by Roussell to appoint Mr. Doyle to the three-year term
through July 1, 2024. Seconded by Farber. Motion carried 7-0.
iv. Housing Trust Fund Advisory Committee: One, 3-Year term through August 17, 2024
(Expired term of Holz) Applicant: James Holz, 3010 Indiana Ct. Motion by Jones to appoint Mr.
12
Holz to the three-year term through August 17, 2024. Seconded by Resnick. Motion carried 7-
0.
v. Long Range Planning Advisory Commission: One, 3-Year term through July 1, 2024
(Vacant term of Pregler) Applicant: Beth McGrath, 2575 Saint Anne Drive. Motion by Cavanagh
to appoint Ms. McGrath to the three-year term through July 1, 2024. Seconded by Farber. Motion
carried 7-0.
PUBLIC HEARINGS
1. Amend the Unified Development Code to allow Registered Child Development Home as a
permitted use in Office, Commercial, and Industrial zoning districts: Proof of publication on
notice of public hearing to consider City Council approval of a request from the City of Dubuque
to amend the Unified Development Code to allow Registered Child Development Home as a
permitted use in Office, Commercial, and Industrial zoning districts, and Zoning Advisory
Commission recommended approval. Motion by Cavanagh 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. Planning Services Manager Wally Wernimont provided a staff report. Responding to
a question from the City Council, Mr. Wernimont stated that the State of Iowa has both a
licensing requirement and a registration requirement for child development homes. Motion
carried 7-0.
Motion by Cavanagh for final consideration and passage of Ordinance No. 30-21 Amending
Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by amending
Chapter 16-2-3, Definitions, to add a definition of Registered Child Development Home, and by
amending Articles 16-5-7 (OR), 16-5-8 (OS), 16-5-9 (OC), 16-5-10 (C-1), 16-5-11 (C-2), 16-
5-12 (C-2A), 16-5-13 (C-3), 16-5-14 (C-4), 16-5-15 (C-5), 16-5-16 (CS), 16-5-17 (CR), 16-
5-18 (LI), 16-5-19 (HI), and 16-5-20 (MHI) by adding Registered Child Development Home to
the list of permitted uses. Seconded by Jones. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 30-21
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED
DEVELOPMENT CODE, BY AMENDING CHAPTER 16-2-3, DEFINITIONS,TO ADD A
DEFINITION OF REGISTERED CHILD DEVELOPMENT HOME, AND BY AMENDING
ARTICLES 16-5-7 (OR), 16-5-8 (OS), 16-5-9 (OC), 16-5-10 (C-1), 16-5-11 (C-2), 16-5-12 (C-
2A), 16-5-13 (C-3), 16-5-14 (C-4), 16-5-15 (C-5), 16-5-16 (CS), 16-5-17 (CR), 16-5-18 (LI),
16-5-19 (HI), and 16-5-20 (MHI) BY ADDING REGISTERED CHILD DEVELOPMENT
HOME TO THE LIST OF PERMITED USES
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development
Code Chapters 16-2-3 are hereby amended as follows:
16-2-3: Definitions
Registered Child Development Home: A facility providing childcare or preschool
services for children that requires State of Iowa registration. Registered child
development home does not include a licensed childcare center.
Section 2. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development
Code Chapters 16-5.7 (OR), 16-5.8 (OS), 16-5.9 (OC), 16-5-10 (C-1), 16-5-11 (C-2), 16-5-12
(C-2A), 16-5-13 (C-3), 16-5-14 (C-4), 16-5-15 (C-5), 16-5-16 (CS), 16-5-17 (CR), 16-5-18 (LI),
13
16-5-19 (HI), and 16-5-20 (MHI) are hereby amended as follows:
16-5-7-1 Principal Permitted Uses
Registered Child Development Home
16-5-8-1 Principal Permitted Uses
Registered Child Development Home
16-5-9-1 Principal Permitted Uses
Registered Child Development Home
16-5-10-1 Principal Permitted Uses
Registered Child Development Home
16-5-11-1 Principal Permitted Uses
Registered Child Development Home
16-5-12-1 Principal Permitted Uses
Registered Child Development Home
16-5-13-1 Principal Permitted Uses
Registered Child Development Home
16-5-14-1 Principal Permitted Uses
Registered Child Development Home
16-5-15-1 Principal Permitted Uses
Registered Child Development Home
16-5-16-1 Principal Permitted Uses
Registered Child Development Home
16-5-17-1 Principal Permitted Uses
Registered Child Development Home
16-5-18-1 Principal Permitted Use
Registered Child Development Home
16-5-19-1 Principal Permitted Uses
Registered Child Development Home
16-5-20-1 Principal Permitted Uses
Registered Child Development Home
Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Advisory
Commission of the City of Dubuque, Iowa.
Section 4.This ordinance shall take effect immediately upon publication, as provided by law.
Passed, approved, and adopted this 20th day of September 2021.
/s/Danny C. Sprank, Mayor Pro Tern
Attest: /s/Adrienne N. Breitfelder, City Clerk
Published officially in the Telegraph Herald newspaper on the 24t" day of September, 2021.
/s/Adrienne N. Breitfelder, City Clerk
2. Resolution of Adoption for the Amended and Restated Urban Renewal Plan for the
Dubuque Industrial Center Economic Development District Urban Renewal Plan, Version
2021.4: Proof of publication on notice of public hearing to consider City Council approval of an
Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic
Development District, Version 2021.4, and City Manager recommended approval. Motion by
Jones to receive and file the documents and adopt Resolution No. 323-21 Approving the
Amended and Restated Urban Renewal Plan, Version 2021.4, for the Dubuque Industrial Center
Economic Development District. Seconded by Resnick. Motion carried 7-0.
RESOLUTION NO. 323-21
APPROVING THE AMENDED AND RESTATED URBAN RENEWAL PLAN, VERSION
14
2021.4, FOR THE DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT
DISTRICT
Whereas, by Resolution 286-21 on August 16, 2021 the City Council of the City of Dubuque,
Iowa authorized the preparation of an Amended and Restated Urban Renewal Plan (the
"Amended and Restated Urban Renewal Plan" or "Plan") for the Dubuque Industrial Center
Economic Development District (the "District"); and
Whereas, the Amended and Restated Urban Renewal Plan for the District, Version 2021.4,
is on file in the City Clerk's Office; and
Whereas, the City Council's primary objective for the Amended and Restated Urban Renewal
Plan for the District is to provide opportunities which will further economic development
purposes and objectives as described in the Plan; and
Whereas, a consultation process has been undertaken with affected taxing entities in
accordance with Chapter 403 of the Code of Iowa with no written objections or recommended
changes to the Plan have been received; and
Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has held a
public hearing on the Amended and Restated Urban Renewal Plan after public notice thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Amended and Restated Urban Renewal Plan for the Dubuque Industrial
Center Economic Development District, Version 2021.4, is hereby approved.
Section 2. That a feasible method exists for the location of any families who will be displaced
from the District, as amended, into decent, safe and sanitary dwelling accommodations within
their means and without undue hardship to such families; and that the Amended and Restated
Plan conforms to the general plan of the City as a whole. With respect to any real property in
the District acquired by the City in connection with the land and projects included in the Plan,
non-residential use is expected and with reference to those portions thereof which are to be
developed for non-residential uses, such non-residential uses are necessary and appropriate to
facilitate the proper growth and development of the City in accordance with sound planning
standards and local community objectives.
Section 3. That the District, as amended, continues to be an area for economic development
(commercial and industrial) within the meaning of Iowa Code Chapter 403; that such area is
eligible for designation as an urban renewal area and otherwise meets all requisites under the
provisions of Iowa Code Chapter 403; and that the rehabilitation, conservation, redevelopment,
development, or a combination thereof, of such area is necessary in the interest of the public
health, safety or welfare of the residents of this City.
Section 4. That, notwithstanding any resolution, ordinance, plan, amendment or any other
document, the Amended and Restated Plan shall be in full force and effect from the date of this
Resolution until the Council amends or repeals the Plan.
Section 5. That the City Clerk of the City of Dubuque, Iowa is hereby authorized and directed
to file a certified copy of this Resolution in the office of the Dubuque County Recorder.
Passed, approved and adopted this 20th day of September, 2021.
Danny C. Sprank, Mayor Pro Tern
Attest: Adrienne N. Breitfelder, City Clerk
3. Resolution of Adoption for the Amended and Restated Urban Renewal Plan for the
Dubuque Industrial Center Economic Development District Urban Renewal Plan, Version
2021.5: Proof of publication on notice of public hearing to consider City Council approval of an
Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic
Development District, Version 2021.5, and City Manager recommended approval. Motion by
Jones to receive and file the documents and adopt Resolution No. 324-21 Approving the
15
Amended and Restated Urban Renewal Plan, Version 2021.5, for the Dubuque Industrial Center
Economic Development District. Seconded by Cavanagh. Motion carried 7-0.
RESOLUTION NO. 324-21
APPROVING THE AMENDED AND RESTATED URBAN RENEWAL PLAN, VERSION
2021.5, FOR THE DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT
DISTRICT
Whereas, by Resolution 287-21 on August 16, 2021 the City Council of the City of Dubuque,
Iowa authorized the preparation of an Amended and Restated Urban Renewal Plan (the
"Amended and Restated Urban Renewal Plan" or "Plan") for the Dubuque Industrial Center
Economic Development District (the "District"); and
Whereas, the Amended and Restated Urban Renewal Plan for the District, Version 2021.5,
is on file in the City Clerk's Office; and
Whereas, the City Council's primary objective for the Amended and Restated Urban Renewal
Plan for the District is to provide opportunities which will further economic development
purposes and objectives as described in the Plan; and
Whereas, a consultation process has been undertaken with affected taxing entities in
accordance with Chapter 403 of the Code of Iowa with no written objections or recommended
changes to the Plan have been received; and
Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has held a
public hearing on the Amended and Restated Urban Renewal Plan after public notice thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Amended and Restated Urban Renewal Plan for the Dubuque Industrial
Center Economic Development District, Version 2021.5, is hereby approved.
Section 2. That a feasible method exists for the location of any families who will be displaced
from the District, as amended, into decent, safe and sanitary dwelling accommodations within
their means and without undue hardship to such families; and that the Amended and Restated
Plan conforms to the general plan of the City as a whole. With respect to any real property in
the District acquired by the City in connection with the land and projects included in the Plan,
non-residential use is expected and with reference to those portions thereof which are to be
developed for non-residential uses, such non-residential uses are necessary and appropriate to
facilitate the proper growth and development of the City in accordance with sound planning
standards and local community objectives.
Section 3. That the District, as amended, continues to be an area for economic development
(commercial and industrial) within the meaning of Iowa Code Chapter 403; that such area is
eligible for designation as an urban renewal area and otherwise meets all requisites under the
provisions of Iowa Code Chapter 403; and that the rehabilitation, conservation, redevelopment,
development, or a combination thereof, of such area is necessary in the interest of the public
health, safety or welfare of the residents of this City.
Section 4. That, notwithstanding any resolution, ordinance, plan, amendment or any other
document, the Amended and Restated Plan shall be in full force and effect from the date of this
Resolution until the Council amends or repeals the Plan.
Section 5. That the City Clerk of the City of Dubuque, Iowa is hereby authorized and directed
to file a certified copy of this Resolution in the office of the Dubuque County Recorder.
Passed, approved and adopted this 20th day of September, 2021.
Danny C. Sprank, Mayor Pro Tern
Attest: Adrienne N. Breitfelder, City Clerk
4. Fiscal Year 2022 First Budget Amendment: Proof of publication on notice of public hearing
16
to consider City Council approval of the first Fiscal Year 2022 Budget Amendment, which
amends the Fiscal Year 2022 budget for City Council actions since the beginning of the Fiscal
Year and includes items which City Council has expressed support. Motion by Farber to receive
and file the documents and adopt Resolution No. 325-21 Record of Hearing and Adoption of
Budget Amendment. Seconded by Roussell. Responding to questions from the City Council,
Director of Finance and Budget Jennifer Larson stated that this fiscal year's amendment is larger
due to funds the city received from the American Rescue Plan (ARP) and that year-to-year
comparisons occur for certain reports, such as the cash basis annual financial report. City
Manager Van Milligen referenced information in the city's Dollars and Cents Public Information
brochure and summarized how additional reserves are utilized. Motion carried 7-0.
17
RECORD OF HEARING AND ADOPTION OF BUDGET AMENDMENT
DUBUQUE
Fiscal Year July 1, 2021 - June 30, 2022
DUBUQUE conducted a public hearing for the propose of amending the current budget for the fiscal year ending June 30, 2022
Meeting Date:
Meeting Time:
Meeting
Location:
9/20/2021
06:30 PM
I City Council Chambers at the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa
The governing body of the DUBUQUE met with a quorum present and found that the notice of time and place of the hearing had been published as
required by law and that the affidavit of publication is on file with the county auditor. After hearing public comment the governing body took up the
amendment to the budget for final consideration and determined that said budgeted expenditures be amended as follows:
REVENUES & OTHER FINANCING SOURCES
Total
Budget
as
Certified
or Last
Amended
Curren
t
Amendm
ent
Total Budget After
Current Amendment
Taxes Levied on Property
1
25,530,416
0
25,530,416
Less: Uncollected Delinquent Taxes - Levy Year
2
0
0
0
Net Current Property Tax
3
25,530,416
0
25,530,416
Delinquent Property Tax Revenue
4
0
0
0
TIF Revenues
51
11,666,215
0
11,666,215
Other City Taxes
6
20,772,861
0
20,772,861
Licenses & Permits
7
1,955,835
0
1,955,835
Use of Money & Property
8
16,031,663
-11,321
16,020,342
Intergovernmental
9
34,070,391
39,840,228
73,910,619
Charges for Service
10
46,147,596
27,400
46,174,996
Special Assessments
11
187,000
0
187,000
Miscellaneous
12
8,916,548
985,902
9,902,450
Other Financing Sources
13
12,331,457
11,830,894
24,162,351
Transfers In
14
36,039,770
9,280,774
45,320,544
Total Revenues & Other Sources
15
213,649,752
61,953,877
275,603,629
EXPENDITURES & OTHER FINANCING USES
Public Safety
16
31,484,833
797,744
32,282,577
Public Works
17
14,455,614
2,015,071
16,470,685
Health and Social Services
18
1,073,072
-29,538
1,043,534
Culture and Recreation
19
13,886,463
1,418,907
15,305,370
Community and Economic Development
20
16,259,431
1,065,988
17,325,419
General Government
21
10,723,620
1,382,500
12,106,120
Debt Service
22
9,785,741
18,587
9,804,328
Capital Projects
23
33,838,359
71,583,252
105,421,611
Total Government Activities Expenditures
24
131,507,133
78,252,511
209,759,644
Business Type/Enterprise
25
59,728,061
28,339,666
88,067,727
Total Gov Activities & Business Expenditures
26
191,235,194
106,592,177
297,827,371
Tranfers Out
27
36,039,770
9,280,774
45,320,544
Total Expenditures/Transfers Out
28
227,274,964
115,872,951
343,147,915
Excess Revenues & Other Sources Over
Under Expend itu res/Transfers Out
29
-13,625,212
-53,919,074
-67,544,286
Beginning Fund Balance July 1, 2021
30
75,132,117
62,710,935
137,843,052
Ending Fund Balance June 30, 2022
31
61,506,905
8,791,8611
70,298,766
Explanation of Changes: This amendment adds capital budget carryovers of $65,732,986 & associated revenue of $42,948,749 & encumbrance
carryovers of $18,173,430 (continuing appropriation authority). Adds operating budget carryovers of $3,267,454 & associated revenue of $2,472,470,
requiring a formal amendment. Also included is $14,423,863 increase in capital expense. Capital revenue increase of $561,646. Operating expense
increase of $4,994,438 and operating revenue increase of $6,690,237. Interfund transfers of $9,280,774.
Adrienne N. Breitfelder 09/20/2021 Danny C. Sprank
City Clerk/Administrator Signature of Certification Adopted On Mayor Pro Tern Signature of Certification
W
5. Tiffany Court - Lead Mine Sinkhole Remediation Project Public Hearing: Proof of
publication on notice of public hearing to consider City Council approval of the plans,
specifications, form of contract and estimated cost of $165,000 for the Tiffany Court — Lead Mine
Sinkhole Remediation Project, and City Manager recommended approval. Motion by Resnick to
receive and file the documents and adopt Resolution No. 326-21 Approval of plans,
specifications, form of contract, and estimated cost for the Tiffany Court - Lead Mine Sinkhole
Remediation Project. Seconded by Roussell. Council Member Resnick referenced a call that he
received from one of the residents impacted by this sinkhole. Mr. Resnick stated that the citizen
expressed appreciation for the city's assistance. City Manager Van Milligen thanked city staff
for their work and stated that the city was able to assist due to the potential impact to public
utilities resulting from the sinkhole. Motion carried 7-0.
RESOLUTION NO. 326-21
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED
COST FOR THE TIFFANY COURT - LEAD MINE SINKHOLE REMEDIATION PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form of contract and estimated cost for Tiffany Court
- Lead Mine Sinkhole Remediation Project, in the estimated amount $136,500.00, are hereby
approved.
Passed, approved and adopted this 20th day of September 2021.
Danny C. Sprank, Mayor Pro Tern
Attest: Adrienne N. Breitfelder, City Clerk
6. Kennedy Road Water Main Extension Project 2021 Public Hearing: Proof of publication on
notice of public hearing to consider City Council approval of the plans, specifications, form of
contract and estimated cost of $1,042,975 for the Kennedy Road Water Main Extension Project
2021, and City Manager recommended approval. Motion by Cavanagh to receive and file the
documents and adopt Resolution No. 327-21 Approval of plans, specifications, form of contract,
and estimated cost for the Kennedy Road Water Main Extension Project 2021. Seconded by
Jones. Motion carried 7-0.
RESOLUTION NO. 327-21
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED
COST FOR THE KENNEDY ROAD WATER MAIN EXTENSION PROJECT 2021
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA-
That the proposed plans, specifications, form of contract and estimated cost for the Kennedy
Road Water Main Extension Project 2021 Project in the amount of $904,523.00, are hereby
approved.
Passed, adopted and approved this 20th day of September, 2021.
Danny C. Sprank, Mayor Pro Tern
Attest: Adrienne N. Breitfelder, City Clerk
PUBLIC INPUT
Related to Action Item No. 3, Randy and Mimi Vaassen, 9843 Katie Cove; Steve Peters,
9878 Katie Cove; and Mike Oppelt, 9909 Katie Cove, spoke in opposition to the city's proposal
to purchase the property, expressing concerns over lack of communication to surrounding
property owners and the potential impacts of industrial development in the area. City Clerk
19
Breitfelder stated that she received an email from Mr. Peters with concerns about the impact
of property owners and that the email was forwarded to the City Council.
Chad Wagner, 2201 Joanne Dr. in Asbury, spoke about concerns with the city's
interpretation of a housing ordinance requiring him to obtain a rental license for a property he
purchased at 2206 Southway under the entity Old Mule, LLC for use by his parents. Mr.
Wagner stated a rental license should not apply in this situation because he is not charging
rent. Mr. Wagner requested the city drop their lawsuit against him and to enact an ordinance
that applies to his situation.
Responding to a question from the City Council regarding next steps, City Manager Van
Milligen stated that future public hearings will take place on rezoning related to Action Item
No. 3. Regarding Mr. Wagner's comments, Mr. Van Milligen stated that he will discuss the
situation with the Housing Department and the City Attorney's Office.
ACTION ITEMS
1. Greater Dubuque Development Corporation - Quarterly Update: President and CEO
Rick Dickinson presented the quarterly update on the activities of the Greater Dubuque
Development Corporation. Mr. Dickinson introduced Jason White, Vice President of Business
Services, who provided a brief introduction. Mr. Dickinson responded to questions from the
City Council following the presentation. Motion by Jones to receive and file the information.
Seconded by Resnick. Motion carried 7-0.
2. Fiscal Year 2021 Year End Annual Report for Five Flags Civic Center: City Manager
transmitted the Fiscal Year (FY) 2021 Annual Report for Five Flags. Five Flags Manager HR
Cook, who is employed by ASM Global (formerly SMG), the private management company
for Five Flags, made a presentation to the City Council on the Five Flags Civic Center FY
2021 Annual Report and fiscal year end financials. Topics included: venue shield; re -opening
safely and responsibly; FY2021 events in review; regional events comparison; year-end
financials; ticket buyer demographics; website statistics; FY2021 highlights; venue
sponsorships; and news coverage. When asked by City Council about feedback to consider
for any future actions on Five Flags, Mr. Cook stated there will need to be an education
process on what Five Flags does and the benefits to downtown businesses from Five Flags
location. Responding to a question from the City Council regarding the hotel/motel tax benefit,
City Manager Van Milligen stated that the city currently has the max allowance of 7%, half of
which is allocated to Travel Dubuque and the other half allocated to the city general fund. City
Council expressed support in the variety of shows offered at Five Flags and the wide range
of age demographics of event attendees. Motion by Cavanagh to receive and file the
information. Seconded by Jones. Motion carried 7-0.
3. Purchase of Real Estate from River City Development Group LLC: City Manager
recommended City Council approval of a Resolution approving an Offer to Buy Real Estate
and Acceptance for the purchase of 156.25 acres of property owned by River City
Development Group for a purchase price of $4,218,750 ($277000 per acre). Motion by Jones
to receive and file the documents and adopt Resolution No. 328-21 Approving the acquisition
of real estate owned by River City Development Group LLC in Dubuque County, Iowa.
Seconded by Resnick. City Council members acknowledged the comments provided during
the public input section of the meeting and summarized the advantages to the city purchasing
the property. Responding to a question from the City Council regarding future options for
public input, Planning Services Manager Wally Wernimont stated that the property will go
through the annexation process into the city and the rezoning process, both of which are
20
public hearings. Mr. Wernimont also stated that the Planning Services Department will notify
all property owners within 200 feet, which goes beyond the state code requirement of
publishing the notice in a newspaper. Responding to questions from the City Council, City
Manager Van Milligen stated that there is no legal requirement to notify property owners
before the city purchases a property, and that state code allows property acquisition
discussions to occur in closed session to ensure the property price is not negatively impacted
based on discussions. Mr. Van Milligen stated that official action on property acquisitions must
occur in open session. Motion carried 7-0.
RESOLUTION NO. 328-21
APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY RIVER CITY
DEVELOPMENT GROUP LLC IN DUBUQUE COUNTY, IOWA
Whereas, RIVER CITY DEVELOPMENT GROUP LLC is the owner of the following real
property (the Real Estate):
Lot 2 of Wertzberger Acres No. 3, in Table Mound Township, Dubuque County, Iowa,
according to the recorded Plat thereof
and
The Southwest'/4 of the Northeast'/4, Lot 1 of the Northwest'/4 of the Northeast 1/4 , Lot
1 of Lot 1 of the Northeast '/4 of the Northeast 1 /4 , and Lot 2 of the Southeast 1/4 of the
Northeast'/4, in Section 14, Township 88 North, Range 2 East of the 511 P.M., in Dubuque
County, Iowa, according to United States Government Survey and the recorded Plats
thereof, excepting therefrom all areas taken for highway right of way
; and
Whereas, the City Manager has tentatively agreed to purchase the Real Estate from River
City Development Group LLC, subject to the approval by the City Council of an Offer to Buy
Real Estate and Acceptance between City and River City Development Group LLC, a copy of
which is attached hereto; and
Whereas, the City Council has determined that it would be in the best interests of the City to
approve the Offer to Buy Real Estate and Acceptance.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA-
Section 1. The City Council hereby approves the Offer to Buy Real Estate and Acceptance
attached hereto.
Section 2. The City Manager and City Attorney are authorized to take such further action as
is required to complete the purchase of the Real Estate.
Passed, approved and adopted this 20th day of September, 2021.
Danny C. Sprank, Mayor Pro Tem
Attest: Adrienne N. Breitfelder, City Clerk
4. Amending a Tax Increment Ordinance for the Dubuque Industrial Center Economic
Development District, as amended by Version 2021.4 of the Amended and Restated Plan:
City Manager recommended City Council adoption of an ordinance amending Ordinance 22-
21 for the Dubuque Industrial Center Economic Development District as the District's
boundaries were amended by Version 2021.4 of the Amended and Restated Urban Renewal
Plan. 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 Cavanagh. Motion
carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 31-21 Amending
Ordinance No. 22-21, previously amended, providing that general property taxes levied and
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collected each year on all property located within the Amended and Restated Dubuque
Industrial Center Economic Development District Urban Renewal Area of the City of
Dubuque, County of Dubuque, State of Iowa, by and for the benefit of the State of Iowa, City
of Dubuque, County of Dubuque, Dubuque Community School District, and other taxing
districts, be paid to a special fund for payment of principal and interest on loans, monies
advanced to and indebtedness, including bonds issued or to be issued, incurred by said city
in connection with the Amended and Restated Dubuque Industrial Center Economic
Development District Urban Renewal Redevelopment Project by removing part of Subarea C
from the Division of Revenues. Seconded by Cavanagh. Motion caried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 31-21
AMENDING ORDINANCE NO. 22-21, PREVIOUSLY AMENDED, PROVIDING THAT
GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL
PROPERTY LOCATED WITHIN THE AMENDED AND RESTATED DUBUQUE
INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT URBAN RENEWAL
AREA OF THE CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA, BY
AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF DUBUQUE, COUNTY OF
DUBUQUE, DUBUQUE COMMUNITY SCHOOL DISTRICT, AND OTHER TAXING
DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND
INTEREST ON LOANS, MONIES ADVANCED TO AND INDEBTEDNESS, INCLUDING
BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNECTION WITH
THE AMENDED AND RESTATED DUBUQUE INDUSTRIAL CENTER ECONOMIC
DEVELOPMENT DISTRICT URBAN RENEWAL REDEVELOPMENT PROJECT BY
REMOVING PART OF SUBAREA C FROM THE DIVISION OF REVENUES
Whereas, the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center
Economic Development District (the "District") described in Resolution No. 130-88 was adopted
on May 2, 1988 and was thereafter amended and restated by Resolution No. 484-90 on
December 17, 1990, Resolution No. 142-97 on April 7, 1997, Resolution No. 478-97 on
November 17, 1997, Resolution No. 15-08 on January 7, 2008, Resolution No. 101-08 on March
17, 2008, Resolution No. 109-08 on April 7, 2008, Resolution No. 87-11 on March 7, 2011,
Resolution No. 171-13 on June 3, 2013, Resolution No. 197-15 on June 1, 2015, Resolution No.
309-15 on September 8, 2015, Resolution No. 132-16 on September 19, 2016, Resolution No.
157-18 and Resolution No. 158-18 on May 21, 2018, Resolution 380-18 on December 17, 2018,
Resolution 125-21 and Resolution 126-21 on April 19, 2021, and Resolution 323-21 on
September 20, 2021 (as amended and restated, the "Urban Renewal Plan" or "Amended and
Restated Urban Renewal Plan"); and
Whereas, the City Council of the City of Dubuque, Iowa originally provided for the division of
taxes pursuant to Section 403.19 of the Code of Iowa within the District in Ordinance No. 26-88
passed and approved on May 2, 1988 and thereafter amended and restated by Ordinance No.
63-88 on December 5, 1988, by Ordinance No. 66-97 on November 17, 1997, by Ordinance No.
70-08 on October 20, 2008, by Ordinance No. 10-14 on February 3, 2014, by Ordinance No.
39-15 on June 1, 2015, by Ordinance No. 55-15 on September 8, 2015, by Ordinance No. 49-
16 on September 19, 2016, Ordinance 18-18 on May 21, 2018, by Ordinance 45-18 on
December 17, 2018, by Ordinance 15-21 and Ordinance 16-21 on April 19, 2021, and by
Ordinance 22-21 on June 7, 2021; 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
District, and the continuing needs of redevelopment within the District are such as to require the
continued application of the incremental tax resources of the District; and
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Whereas, the following enactment is necessary to accomplish the objectives described in the
premises.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, THAT:
Ordinance Number 22-21 is hereby amended to read as follows:
Section 1: For purposes of this Ordinance, the following terms shall have the following
meanings:
(a) Original Project Area means that portion of the City of Dubuque, Iowa described in the
Urban Renewal Plan for the District approved by Resolution No. 130-88 on May 2, 1988, and
subsequently amended by Resolution No. 484-90 on December 17, 1990, which Original
Project Area includes the lots and parcels located within the area now legally described as
follows:
All of Dubuque Industrial Center Eighth Addition; and
All of Lot 1 Dubuque Industrial Center 13th Addition; and
Lot 2 Dubuque Industrial Center 13th Addition; and
Lot 1-2-2 Dubuque Industrial Center Fifth Addition; and
Lot 1 Dubuque Industrial Center Fifth Addition; and
Lot 1 Dubuque Industrial Center 11th Addition; and
Lot 1 of 2 of Dubuque Industrial Center Fifth Addition; and
Lot 1 of 2 of Dubuque Industrial Center Fifth Addition; and
Lot 1-3 Dubuque Industrial Center 12th Addition; and
Lot 1 of lot 3 of final plat of lot 1 of Dubuque Industrial Center First Addition; and
Lot 1 Dubuque Industrial Center 10th Addition; and
Lot 2-3 Dubuque Industrial Center 12th Addition; and
Lots 1 & 2 of final plat of lot 1 of Dubuque Industrial Center First Addition; and
Lot 1 Dubuque Industrial Center 12th Addition; and
Lot 2 Dubuque Industrial Center Ninth Addition; and
Lot 2 Dubuque Industrial Center 12th Addition; and
Lot 2-2 Dubuque Industrial Center Sixth Addition; and
Lot 3 Dubuque Industrial Center Ninth Addition; and
Lot 1 Dubuque Industrial Center Sixth Addition; and
Lot 2 of 2 Dubuque Industrial Center 7th Addition; and
Lot 2-1 Walter Addition; and
Lot 2-1 Walter Addition; and
And all adjoining public right-of-way, all in the City of Dubuque, Dubuque County, Iowa.
The Original Project Area is referred to as "Subarea A" in the Urban Renewal Plan
hereinafter described.
(b) Subarea B has been removed from the division of revenues by Ordinance 22-21 on
June 7, 2021.
(c) Subarea C means that portion of the City of Dubuque, Iowa described as Subarea C in
the Amended and Restated Urban Renewal Plan for the District approved by Resolution No.
323-21 on September 20, 2021, which Subarea C includes the lots and parcels located within
the area legally described as follows:
Lots 1 and 2 of Dubuque Industrial Center North Second Addition; and
Lots 2, 3, C and A of Dubuque Industrial Center North First Addition, excepting that Part
of said Lot A originally platted as Lot 2 of the SW'/4 of the NW'/4 of Sec. 30, T89N, R2E
of the 5th PM; and
and any adjoining public street right-of-way, all in the City of Dubuque, Dubuque County,
Iowa,
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Except those lots and parcels included in Subarea K and those lots and parcels included
in Subarea O.
(d) Subarea D means that portion of the City of Dubuque, Iowa described as Subarea D in
the Amended and Restated Urban Renewal Plan for the District approved by Resolution No.
109-08 on April 7, 2008, which Subarea D includes the lots and parcels located within the
area legally described as follows:
Lots 1, 2, and B and all of the right of way of Chavenelle Court in Dubuque Industrial
Center West 8th Addition in the City of Dubuque, Dubuque County, Iowa.
(e) Subarea E means that portion of the City of Dubuque, Iowa described as Subarea E in
the Amended and Restated Urban Renewal Plan for the District approved by Resolution No.
87-11 on March 7, 2011, which Subarea E includes the lots and parcels located within the
area legally described as follows:
All of Lot 1 of 1 and Lot 1 of 2 of the South Fork Subdivision No. 1 as originally platted,
including any adjoining public street right-of-way to said lots, all in the City of Dubuque,
Dubuque County, Iowa, and;
All of Seippel Road right of way from the north boundary line of Lot 1 of 1 of South Fork
Subdivision No. 1 in the City of Dubuque, to the south boundary lines of Lot H of
Dubuque Industrial Center West and Lot 1 of Dubuque Industrial Center West 2nd
Addition in the City of Dubuque, Dubuque County, Iowa, including crossings at the
intersections of Old Highway Road and Chicago Central & Pacific Railroad rights -of -
way.
(f) Subarea F means that portion of the City of Dubuque, Iowa, and Dubuque County
described as Subarea F in the Amended and Restated Urban Renewal Plan for the District
approved by Resolution No. 197-15 on June 1, 2015, which Subarea F includes the lots and
parcels located within the area legally described as follows:
Lot one (1) of Graf Farm Subdivision #2, Dubuque County, Iowa, according to the
recorded plat thereof;
Lot 1 of Lot 1 of Lot 1 of Lot 1 of West One-half of Northeast One -quarter, Section 25,
Township 89 North, Range 1 East of the 5th Principal Meridian, in Center Township,
Dubuque County, Iowa;
Lot 2 in "W.A. Norman Place" in Section 25, Center Township, Dubuque County, Iowa,
according to the plat thereof; and
The NW 1/4 of the SE 1/4 of Section 25, Township 89 North, Range 1 East of the 5th
P.M., in Center Township, Dubuque County, Iowa.
(g) Subarea G means that portion of the City of Dubuque, Iowa, and Dubuque County
described as Subarea G in the Amended and Restated Urban Renewal Plan for the District
approved by Resolution No. 309-15 on September 8, 2015, which Subarea G includes the
lots and parcels located within the area legally described as follows:
The South one-half of the Northwest Quarter of Section 29, Township 89 North, Range
2 East of the 5th Principal Meridian, in the City of Dubuque, Iowa.
Lot 1 of Lot 1 of the Northwest Quarter of the Northwest Quarter of Section 29, Township
89 North, Range 2 East of the 5th Principal Meridian, in the City of Dubuque, Iowa.
Lot 2 of McFadden Farm Place #2, in the City of Dubuque, Iowa.
Lot 2 of McFadden Farm Place, in the City of Dubuque, Iowa.
Lot A of Lot 1 of 1 of the Southwest Quarter of the Southwest Quarter of Section 29,
Township 89 North, Range 2 East of the 5th Principal Meridian, in the City of Dubuque,
Iowa.
Lot A of Lot 1 of 1 of the Northwest Quarter of the Southwest Quarter of Section 29,
Township 89 North, Range 2 East of the 5th Principal Meridian, in the City of Dubuque,
Iowa.
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All in the City of Dubuque, Dubuque County, Iowa.
(h) Subarea H means that portion of the City of Dubuque, Iowa, and Dubuque County
described as Subarea H in the Amended and Restated Urban Renewal Plan for the District
approved by Resolution No. 332-16 on September 19, 2016, which Subarea H includes the
lots and parcels located within the area legally described as follows:
Lot 1 of the Northeast'/4 of the Northeast'/4, and Lot 2 of Lot 1 of Lot 1 of Lot 2 of the
Northeast'/4 of the Northeast'/4, of Section 30, in Township 89 North, Range 2 East of
the 5th Principal Meridian, in the City of Dubuque, Iowa.
(i) Subarea I means that portion of the City of Dubuque, Iowa, and Dubuque County
described as Subarea I in the Amended and Restated Urban Renewal Plan for the District
approved by Resolution No. 332-16 on September 19, 2016, which Subarea I includes the
lots and parcels located within the area legally described as follows:
Lot 2 Seippel Road Place #2, Dubuque County, Iowa.
Lot 2-1-1 of the Southeast Quarter of the Southeast Quarter of Section 25, Township
89 North, Range 2 East of the 5th Principal Meridian, Dubuque County, Iowa
Q) Subarea J means that portion of the City of Dubuque, Iowa, and Dubuque County
described as Subarea J in the Amended and Restated Urban Renewal Plan for the District
approved by Resolution No. 332-16 on September 19, 2016, which Subarea J includes the
lots and parcels located within the area legally described as follows:
Lot 2 Julien Care Place, Dubuque County, Iowa.
Lot 3 Julien Care Place, Dubuque County, Iowa
Lot 2-1 Julien Care Place, Dubuque County, Iowa
(k) Subarea K means that portion of the City of Dubuque, Iowa, removed from Subarea C
of the District by Version 2018.1 of the Amended and Restated Plan for the District approved
by Resolution No. 157-18, and added to the District by Version 2018.2 of the Amended and
Restated Plan for the District approved by Resolution No. 158-18 as Subarea K, all on May
21, 2018, which Subarea K includes the lots and parcels located within the area legally
described as follows:
Lot 1 of Dubuque Industrial Center North Third Addition, in the City of Dubuque, Iowa.
(1) Subarea L means that portion of the City of Dubuque, Iowa described as Subarea L in
the Amended and Restated Urban Renewal Plan for the District approved by Resolution 380-
18 on December 17, 2018, which Subarea L includes the lots and parcels located within the
area legally described as follows:
Lot 1 of Loretta Bahl's Homestead, in the City of Dubuque, Iowa, comprised of Lot 1 of
the West 30 Acres of the Southwest '/4 of the Southeast '/4, Section 19, Township 89
North, Range 2 East of the 5th P.M. all in the City of Dubuque, Dubuque County, Iowa.
(m) Subarea M means that portion of the City of Dubuque, Iowa described as Subarea M
in the Amended and Restated Urban Renewal Plan for the District approved by Resolution
380-18 on December 17, 2018, which Subarea M includes the lots and parcels located within
the area legally described as follows:
Lot 2 of the Subdivision of Lot 2 of the Northeast'/4 of the Northeast'/4 of Section 30,
Township 89 North, Range 2 East of the 5th P.M. all in the City of Dubuque, Dubuque
County, Iowa.
(n) Subarea N means that portion of the City of Dubuque, Iowa described as Subarea N in
the Amended and Restated Urban Renewal Plan for the District approved by Resolution 126-
21 on April 19, 2021, which Subarea N includes the lots and parcels located within the area
legally described as follows:
Lot 1 of Dubuque Industrial Center North First Addition, in the City of Dubuque, Iowa;
and
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All of the street right of way of Innovation Drive adjacent to Lot 1 of Dubuque Industrial
Center North First Addition, in the City of Dubuque, Iowa.
All in the City of Dubuque, Iowa
(o) Subarea O means that portion of the City of Dubuque, Iowa removed from Subarea C
and now described as Subarea O in the Amended and Restated Urban Renewal Plan for the
District approved by Resolution 323-21 on September 20, 2021, which Subarea O includes
the lots and parcels located within the area legally described as follows:
Lot 2 of Dubuque Industrial Center North Third Addition, in the City of Dubuque, Iowa;
and
A Part of Lot C in Dubuque Industrial Center North First Addition in the City of Dubuque,
Iowa, being more particularly described as follows:
Commencing at the northwest corner of Lot 1 in Dubuque Industrial Center North
Second Addition in the City of Dubuque, Iowa;
Thence North 87 degrees 35 minutes 13 seconds East along the north line of said Lot
1, 65.47 feet to the Point of Beginning;
Thence North 87 degrees 35 minutes 13 seconds East continuing along said north line
of Lot 1, 467.29 feet;
Thence South 82 degrees 04 minutes 06 seconds East continuing along said north line
of Lot 1, 212.63 feet;
Thence North 19 degrees 12 minutes 36 seconds East, 433.37 feet, to a point on the
easterly line of Lot 2 in Dubuque Industrial Center North Third Addition in the City of
Dubuque, Iowa;
Thence North 90 degrees 00 minutes 00 seconds West, 231.12 feet;
Thence North 60 degrees 11 minutes 47 seconds West, 280.07 feet;
Thence North 51 degrees 38 minutes 25 seconds West, 318.12 feet;
Thence South 57 degrees 28 minutes 14 seconds West, 86.87 feet;
Thence South 18 degrees 59 minutes 51 seconds East, 140.84 feet;
Thence South 51 degrees 57 minutes 52 seconds East, 101.08 feet;
Thence South 01 degree 57 minutes 06 seconds East, 108.09 feet;
Thence South 33 degrees 59 minutes 54 seconds East, 90.10 feet;
Thence South 44 degrees 57 minutes 34 seconds East, 130.53 feet;
Thence South 12 degrees 19 minutes 12 seconds West, 171.97 feet;
Thence South 87 degrees 35 minutes 13 seconds West, 260.33 feet;
Thence South 02 degrees 35 minutes 19 seconds East, 40.00 feet, to the Point of
Beginning, said part of Lot C contains 6.59 acres, more or less.
All in the City of Dubuque, Iowa
(p) Amended Project Area means that portion of the City of Dubuque, Iowa and Dubuque
County included within the Original Project Area, Subarea C, Subarea D, Subarea E, Subarea
F, Subarea G, Subarea H, Subarea I, Subarea J, Subarea K, Subarea L, Subarea M, and
Subarea N each as described in this Section.
Section 2: The taxes levied on the taxable property in the Amended Project Area, and each
subarea thereof, legally described in Section 1 hereof, by and for the benefit of the State of Iowa,
City of Dubuque, County of Dubuque, Dubuque Community School District, and all other taxing
districts from and after the effective date of this Ordinance shall be divided as hereinafter in this
Ordinance provided.
Section 3: As to the Original Project Area, that portion of the taxes which would be produced
by the rate at which the tax is levied each year by or for each of the taxing districts taxing property
in the Original Project Area upon the total sum of the assessed value of the taxable property in
the Original Project Area as shown on the assessment roll as of January 1, 1987, being the first
day of the calendar year preceding the effective date of Ordinance No. 26-88, shall be allocated
26
to and when collected be paid into the fund for the respective taxing district as taxes by or for
said taxing district into which all other property taxes are paid. The taxes so determined shall be
referred herein as the "base period taxes" for such Subarea.
As to Subarea B, Subarea B has been removed from the division of revenues by Ordinance
22-21. Subarea B will remain within the District.
As to Subarea C (except the lots and parcels now forming Subarea K and those lots and
parcels removed by Amended and Restated Urban Renewal Plan Version 2021.4 now
forming Subarea O), 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 assessment
roll applicable to property in such subarea as of January 1 of the calendar year preceding the
effective date of Ordinance No. 70-08, and base values shall be reduced due to the removal
of area from Subarea C.
As to Subarea D, 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 assessment
roll applicable to property in such subarea as of January 1 of the calendar year preceding the
effective date of Ordinance No. 70-08.
As to Subarea E, 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 assessment
roll applicable to property in such subarea as of January 1 of the calendar year preceding the
effective date of Ordinance No.10-14.
As to Subarea F, base period taxes shall be computed in the same manner using the total
assessed value shown on the assessment roll as of January 1, 2014, being the assessment
roll applicable to property in such subarea as of January 1 of the calendar year preceding the
effective date of Ordinance No. 39-15.
As to Subarea G, base period taxes shall be computed in the same manner using the total
assessed value shown on the assessment roll as of January 1, 2014, being the assessment
roll applicable to property in such subarea as of January 1 of the calendar year preceding the
effective date of Ordinance No. 55-15.
As to Subarea H, base period taxes shall be computed in the same manner using the total
assessed value shown on the assessment roll as of January 1, 2015, being the assessment
roll applicable to property in such subarea as of January 1 of the calendar year preceding the
effective date of Ordinance No. 49-16.
As to Subarea I, base period taxes shall be computed in the same manner using the total
assessed value shown on the assessment roll as of January 1, 2015, being the assessment
roll applicable to property in such subarea as of January 1 of the calendar year preceding the
effective date of Ordinance No. 49-16.
As to Subarea J, base period taxes shall be computed in the same manner using the total
assessed value shown on the assessment roll as of January 1, 2015, being the assessment
roll applicable to property in such subarea as of January 1 of the calendar year preceding the
effective date of Ordinance No. 49-16.
As to Subarea K, base period taxes shall be computed in the same manner using the total
assessed value shown on the assessment roll as of January 1, 2017, being the assessment
roll applicable to property in such subarea as of January 1 of the calendar year preceding the
effective date of Ordinance No. 18-18.
As to Subarea L, base period taxes shall be computed in the same manner using the total
assessed value shown on the assessment roll as of January 1, 2017, being the assessment
roll applicable to property in such subarea as of January 1 of the calendar year preceding the
effective date of Ordinance No. 45-18.
As to Subarea M, base period taxes shall be computed in the same manner using the total
assessed value shown on the assessment roll as of January 1, 2017, being the assessment
27
roll applicable to property in such subarea as of January 1 of the calendar year preceding the
effective date of Ordinance No. 45-18.
As to Subarea N, base period taxes shall be computed in the same manner using the total
assessed value shown on the assessment roll as of January 1, 2020, being the assessment
roll applicable to property in such subarea as of January 1 of preceding the effective date of
this Ordinance No. 16-21.
Section 4: That portion of the taxes each year in excess of the base period taxes for the
Amended Project Area, determined for each sub -area thereof as provided in Section 3 of this
Ordinance, shall be allocated to and when collected be paid into the special tax increment fund
previously established by the City of Dubuque to pay the principal of and interest on loans,
monies advanced to, or indebtedness, whether funded, refunded, assumed or otherwise,
including bonds issued under authority of Section 403.9 or Section 403.12 of the Code of Iowa,
incurred by the City of Dubuque, Iowa to finance or refinance, in whole or in part, urban renewal
projects undertaken within the District 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 346.77 (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 Amended Project Area shall be
paid into the funds for the respective taxing districts in the same manner as taxes on all other
property.
Section 7: All ordinances or parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed. The provisions of this Ordinance are intended and shall be
construed so as to remove Subarea O from the division of taxes under the provisions of Section
403.19 of the Code of Iowa and to continue the division of taxes from taxable property in the
Amended Project Area under the provisions of Section 403.19 of the Code of Iowa, as
authorized in Ordinance No. 22-21. In the event that any provision of this Ordinance shall be
determined to be contrary to law it shall not affect other provisions or application of this
Ordinance which shall at all times be construed to fully invoke the provisions of Section 403.19
of the Code of Iowa with reference to the Amended Project Area and the subareas contained
therein.
Section 8: This Ordinance shall be in effect after its final passage, approval and publication
as provided by law.
Passed and approved this 20th day of September, 2021.
/s/Danny C. Sprank, Mayor Pro Tern
Attest: /s/Adrienne N. Breitfelder, City Clerk
Published officially in the Telegraph Herald newspaper on the 24th day of September, 2021.
/s/Adrienne N. Breitfelder, City Clerk
5. Amending a Tax Increment Ordinance for the Dubuque Industrial Center Economic
Development District, as amended by Version 2021.5 of the Amended and Restated Plan:
City Manager recommended City Council adoption of an ordinance amending the most recent
Ordinance for the Dubuque Industrial Center Economic Development District as the District's
boundaries were amended by Version 2021.5 of the Amended and Restated Urban Renewal
Plan. 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 Cavanagh. Motion
carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 32-21 Amending
Ordinance No. 31-21, previously amended, providing that general property taxes levied and
collected each year on all property located within the Amended and Restated Dubuque
Industrial Center Economic Development District Urban Renewal Area of the City of
Dubuque, County of Dubuque, State of Iowa, by and for the benefit of the State of Iowa, City
of Dubuque, County of Dubuque, Dubuque Community School District, and other taxing
districts, be paid to a special fund for payment of principal and interest on loans, monies
advanced to and indebtedness, including bonds issued or to be issued, incurred by said city
in connection with the Amended and Restated Dubuque Industrial Center Economic
Development District Urban Renewal Redevelopment Project by adding Subarea O to the
Division of Revenues. Seconded by Cavanagh. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 32-21
AMENDING ORDINANCE NO. 31-21, PREVIOUSLY AMENDED, PROVIDING THAT
GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL
PROPERTY LOCATED WITHIN THE AMENDED AND RESTATED DUBUQUE
INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT URBAN RENEWAL
AREA OF THE CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA, BY
AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF DUBUQUE, COUNTY OF
DUBUQUE, DUBUQUE COMMUNITY SCHOOL DISTRICT, AND OTHER TAXING
DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND
INTEREST ON LOANS, MONIES ADVANCED TO AND INDEBTEDNESS, INCLUDING
BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNECTION WITH
THE AMENDED AND RESTATED DUBUQUE INDUSTRIAL CENTER ECONOMIC
DEVELOPMENT DISTRICT URBAN RENEWAL REDEVELOPMENT PROJECT BY
ADDING SUBAREA O TO THE DIVISION OF REVENUES
Whereas, the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center
Economic Development District (the "District") described in Resolution No. 130-88 was adopted
on May 2, 1988 and was thereafter amended and restated by Resolution No. 484-90 on
December 17, 1990, Resolution No. 142-97 on April 7, 1997, Resolution No. 478-97 on
November 17, 1997, Resolution No. 15-08 on January 7, 2008, Resolution No. 101-08 on March
17, 2008, Resolution No. 109-08 on April 7, 2008, Resolution No. 87-11 on March 7, 2011,
Resolution No. 171-13 on June 3, 2013, Resolution No. 197-15 on June 1, 2015, Resolution No.
309-15 on September 8, 2015, Resolution No. 132-16 on September 19, 2016, Resolution No.
157-18 and Resolution No. 158-18 on May 21, 2018, Resolution 380-18 on December 17, 2018,
Resolution 125-21 and Resolution 126-21 on April 19, 2021, Resolution 323-21, and Resolution
324-21 on September 20, 2021 (as amended and restated, the "Urban Renewal Plan" or
"Amended and Restated Urban Renewal Plan"); and
Whereas, the City Council of the City of Dubuque, Iowa originally provided for the division of
taxes pursuant to Section 403.19 of the Code of Iowa within the District in Ordinance No. 26-88
29
passed and approved on May 2, 1988 and thereafter amended and restated by Ordinance No.
63-88 on December 5, 1988, by Ordinance No. 66-97 on November 17, 1997, by Ordinance No.
70-08 on October 20, 2008, by Ordinance No. 10-14 on February 3, 2014, by Ordinance No.
39-15 on June 1, 2015, by Ordinance No. 55-15 on September 8, 2015, by Ordinance No. 49-
16 on September 19, 2016, Ordinance 18-18 on May 21, 2018, by Ordinance 45-18 on
December 17, 2018, by Ordinance 15-21 and Ordinance 16-21 on April 19, 2021, by Ordinance
22-21 on June 7, 2021, and by Ordinance 31-21 on September 20, 2021; 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
District, and the continuing needs of redevelopment within the District are such as to require the
continued application of the incremental tax resources of the District; and
Whereas, the following enactment is necessary to accomplish the objectives described in the
premises.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, THAT:
Ordinance Number 31-21 is hereby amended to read as follows:
Section 1: For purposes of this Ordinance, the following terms shall have the following
meanings:
(a) Original Project Area means that portion of the City of Dubuque, Iowa described in the
Urban Renewal Plan for the District approved by Resolution No. 130-88 on May 2, 1988, and
subsequently amended by Resolution No. 484-90 on December 17, 1990, which Original
Project Area includes the lots and parcels located within the area now legally described as
follows:
All of Dubuque Industrial Center Eighth Addition; and
All of Lot 1 Dubuque Industrial Center 13th Addition; and
Lot 2 Dubuque Industrial Center 13th Addition; and
Lot 1-2-2 Dubuque Industrial Center Fifth Addition; and
Lot 1 Dubuque Industrial Center Fifth Addition; and
Lot 1 Dubuque Industrial Center 11th Addition; and
Lot 1 of 2 of Dubuque Industrial Center Fifth Addition; and
Lot 1 of 2 of Dubuque Industrial Center Fifth Addition; and
Lot 1-3 Dubuque Industrial Center 12th Addition; and
Lot 1 of lot 3 of final plat of lot 1 of Dubuque Industrial Center First Addition; and
Lot 1 Dubuque Industrial Center 10th Addition; and
Lot 2-3 Dubuque Industrial Center 12th Addition; and
Lots 1 & 2 of final plat of lot 1 of Dubuque Industrial Center First Addition; and
Lot 1 Dubuque Industrial Center 12th Addition; and
Lot 2 Dubuque Industrial Center Ninth Addition; and
Lot 2 Dubuque Industrial Center 12th Addition; and
Lot 2-2 Dubuque Industrial Center Sixth Addition; and
Lot 3 Dubuque Industrial Center Ninth Addition; and
Lot 1 Dubuque Industrial Center Sixth Addition; and
Lot 2 of 2 Dubuque Industrial Center 7th Addition; and
Lot 2-1 Walter Addition; and
Lot 2-1 Walter Addition; and
And all adjoining public right-of-way, all in the City of Dubuque, Dubuque County, Iowa.
The Original Project Area is referred to as "Subarea A" in the Urban Renewal Plan
hereinafter described.
(b) Subarea B has been removed from the division of revenues by Ordinance 22-21 on
June 7, 2021.
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(c) Subarea C means that portion of the City of Dubuque, Iowa described as Subarea C in
the Amended and Restated Urban Renewal Plan for the District approved by Resolution No.
324-21 on September 20, 2021, which Subarea C includes the lots and parcels located within
the area legally described as follows:
Lots 1 and 2 of Dubuque Industrial Center North Second Addition; and
Lots 2, 3, C and A of Dubuque Industrial Center North First Addition, excepting that Part
of said Lot A originally platted as Lot 2 of the SW'/4 of the NW'/4 of Sec. 30, T89N, R2E
of the 5th PM; and
and any adjoining public street right-of-way, all in the City of Dubuque, Dubuque County,
Iowa,
Except those lots and parcels included in Subarea K and those lots and parcels included
in Subarea O.
(d) Subarea D means that portion of the City of Dubuque, Iowa described as Subarea D in
the Amended and Restated Urban Renewal Plan for the District approved by Resolution No.
109-08 on April 7, 2008, which Subarea D includes the lots and parcels located within the
area legally described as follows:
Lots 1, 2, and B and all of the right of way of Chavenelle Court in Dubuque Industrial
Center West 8th Addition in the City of Dubuque, Dubuque County, Iowa.
(e) Subarea E means that portion of the City of Dubuque, Iowa described as Subarea E in
the Amended and Restated Urban Renewal Plan for the District approved by Resolution No.
87-11 on March 7, 2011, which Subarea E includes the lots and parcels located within the
area legally described as follows:
All of Lot 1 of 1 and Lot 1 of 2 of the South Fork Subdivision No. 1 as originally platted,
including any adjoining public street right-of-way to said lots, all in the City of Dubuque,
Dubuque County, Iowa, and;
All of Seippel Road right of way from the north boundary line of Lot 1 of 1 of South Fork
Subdivision No. 1 in the City of Dubuque, to the south boundary lines of Lot H of
Dubuque Industrial Center West and Lot 1 of Dubuque Industrial Center West 2nd
Addition in the City of Dubuque, Dubuque County, Iowa, including crossings at the
intersections of Old Highway Road and Chicago Central & Pacific Railroad rights -of -
way.
(f) Subarea F means that portion of the City of Dubuque, Iowa, and Dubuque County
described as Subarea F in the Amended and Restated Urban Renewal Plan for the District
approved by Resolution No. 197-15 on June 1, 2015, which Subarea F includes the lots and
parcels located within the area legally described as follows:
Lot one (1) of Graf Farm Subdivision #2, Dubuque County, Iowa, according to the
recorded plat thereof;
Lot 1 of Lot 1 of Lot 1 of Lot 1 of West One-half of Northeast One -quarter, Section 25,
Township 89 North, Range 1 East of the 5th Principal Meridian, in Center Township,
Dubuque County, Iowa;
Lot 2 in "W.A. Norman Place" in Section 25, Center Township, Dubuque County, Iowa,
according to the plat thereof; and
The NW 1/4 of the SE 1/4 of Section 25, Township 89 North, Range 1 East of the 5th
P.M., in Center Township, Dubuque County, Iowa.
(g) Subarea G means that portion of the City of Dubuque, Iowa, and Dubuque County
described as Subarea G in the Amended and Restated Urban Renewal Plan for the District
approved by Resolution No. 309-15 on September 8, 2015, which Subarea G includes the
lots and parcels located within the area legally described as follows:
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The South one-half of the Northwest Quarter of Section 29, Township 89 North, Range
2 East of the 5th Principal Meridian, in the City of Dubuque, Iowa.
Lot 1 of Lot 1 of the Northwest Quarter of the Northwest Quarter of Section 29, Township
89 North, Range 2 East of the 5th Principal Meridian, in the City of Dubuque, Iowa.
Lot 2 of McFadden Farm Place #2, in the City of Dubuque, Iowa.
Lot 2 of McFadden Farm Place, in the City of Dubuque, Iowa.
Lot A of Lot 1 of 1 of the Southwest Quarter of the Southwest Quarter of Section 29,
Township 89 North, Range 2 East of the 5th Principal Meridian, in the City of Dubuque,
Iowa.
Lot A of Lot 1 of 1 of the Northwest Quarter of the Southwest Quarter of Section 29,
Township 89 North, Range 2 East of the 5th Principal Meridian, in the City of Dubuque,
Iowa.
All in the City of Dubuque, Dubuque County, Iowa.
(h) Subarea H means that portion of the City of Dubuque, Iowa, and Dubuque County
described as Subarea H in the Amended and Restated Urban Renewal Plan for the District
approved by Resolution No. 332-16 on September 19, 2016, which Subarea H includes the
lots and parcels located within the area legally described as follows:
Lot 1 of the Northeast'/4 of the Northeast'/4, and Lot 2 of Lot 1 of Lot 1 of Lot 2 of the
Northeast'/4 of the Northeast'/4, of Section 30, in Township 89 North, Range 2 East of
the 5th Principal Meridian, in the City of Dubuque, Iowa.
(i) Subarea I means that portion of the City of Dubuque, Iowa, and Dubuque County
described as Subarea I in the Amended and Restated Urban Renewal Plan for the District
approved by Resolution No. 332-16 on September 19, 2016, which Subarea I includes the
lots and parcels located within the area legally described as follows:
Lot 2 Seippel Road Place #2, Dubuque County, Iowa.
Lot 2-1-1 of the Southeast Quarter of the Southeast Quarter of Section 25, Township
89 North, Range 2 East of the 5th Principal Meridian, Dubuque County, Iowa
Q) Subarea J means that portion of the City of Dubuque, Iowa, and Dubuque County
described as Subarea J in the Amended and Restated Urban Renewal Plan for the District
approved by Resolution No. 332-16 on September 19, 2016, which Subarea J includes the
lots and parcels located within the area legally described as follows:
Lot 2 Julien Care Place, Dubuque County, Iowa.
Lot 3 Julien Care Place, Dubuque County, Iowa
Lot 2-1 Julien Care Place, Dubuque County, Iowa
(k) Subarea K means that portion of the City of Dubuque, Iowa, removed from Subarea C
of the District by Version 2018.1 of the Amended and Restated Plan for the District approved
by Resolution No. 157-18, and added to the District by Version 2018.2 of the Amended and
Restated Plan for the District approved by Resolution No. 158-18 as Subarea K, all on May
21, 2018, which Subarea K includes the lots and parcels located within the area legally
described as follows:
Lot 1 of Dubuque Industrial Center North Third Addition, in the City of Dubuque, Iowa.
(1) Subarea L means that portion of the City of Dubuque, Iowa described as Subarea L in
the Amended and Restated Urban Renewal Plan for the District approved by Resolution 380-
18 on December 17, 2018, which Subarea L includes the lots and parcels located within the
area legally described as follows:
Lot 1 of Loretta Bahl's Homestead, in the City of Dubuque, Iowa, comprised of Lot 1 of
the West 30 Acres of the Southwest '/4 of the Southeast '/4, Section 19, Township 89
North, Range 2 East of the 5th P.M. all in the City of Dubuque, Dubuque County, Iowa.
(m) Subarea M means that portion of the City of Dubuque, Iowa described as Subarea M
in the Amended and Restated Urban Renewal Plan for the District approved by Resolution
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380-18 on December 17, 2018, which Subarea M includes the lots and parcels located within
the area legally described as follows:
Lot 2 of the Subdivision of Lot 2 of the Northeast'/4 of the Northeast'/4 of Section 30,
Township 89 North, Range 2 East of the 5th P.M. all in the City of Dubuque, Dubuque
County, Iowa.
(n) Subarea N means that portion of the City of Dubuque, Iowa described as Subarea N in
the Amended and Restated Urban Renewal Plan for the District approved by Resolution 126-
21 on April 19, 2021, which Subarea N includes the lots and parcels located within the area
legally described as follows:
Lot 1 of Dubuque Industrial Center North First Addition, in the City of Dubuque, Iowa;
and
All of the street right of way of Innovation Drive adjacent to Lot 1 of Dubuque Industrial
Center North First Addition, in the City of Dubuque, Iowa.
All in the City of Dubuque, Iowa
(o) Subarea O means that portion of the City of Dubuque, Iowa removed from Subarea C
and now described as Subarea O in the Amended and Restated Urban Renewal Plan for the
District approved by Resolution 324-21 on September 20, 2021, which Subarea O includes
the lots and parcels located within the area legally described as follows:
Lot 2 of Dubuque Industrial Center North Third Addition, in the City of Dubuque, Iowa;
and
A Part of Lot C in Dubuque Industrial Center North First Addition in the City of Dubuque,
Iowa, being more particularly described as follows:
Commencing at the northwest corner of Lot 1 in Dubuque Industrial Center North
Second Addition in the City of Dubuque, Iowa;
Thence North 87 degrees 35 minutes 13 seconds East along the north line of said Lot
1, 65.47 feet to the Point of Beginning;
Thence North 87 degrees 35 minutes 13 seconds East continuing along said north line
of Lot 1, 467.29 feet;
Thence South 82 degrees 04 minutes 06 seconds East continuing along said north line
of Lot 1, 212.63 feet;
Thence North 19 degrees 12 minutes 36 seconds East, 433.37 feet, to a point on the
easterly line of Lot 2 in Dubuque Industrial Center North Third Addition in the City of
Dubuque, Iowa;
Thence North 90 degrees 00 minutes 00 seconds West, 231.12 feet;
Thence North 60 degrees 11 minutes 47 seconds West, 280.07 feet;
Thence North 51 degrees 38 minutes 25 seconds West, 318.12 feet;
Thence South 57 degrees 28 minutes 14 seconds West, 86.87 feet;
Thence South 18 degrees 59 minutes 51 seconds East, 140.84 feet;
Thence South 51 degrees 57 minutes 52 seconds East, 101.08 feet;
Thence South 01 degree 57 minutes 06 seconds East, 108.09 feet;
Thence South 33 degrees 59 minutes 54 seconds East, 90.10 feet;
Thence South 44 degrees 57 minutes 34 seconds East, 130.53 feet;
Thence South 12 degrees 19 minutes 12 seconds West, 171.97 feet;
Thence South 87 degrees 35 minutes 13 seconds West, 260.33 feet;
Thence South 02 degrees 35 minutes 19 seconds East, 40.00 feet, to the Point of
Beginning, said part of Lot C contains 6.59 acres, more or less.
All in the City of Dubuque, Iowa
(p) Amended Project Area means that portion of the City of Dubuque, Iowa and Dubuque
County included within the Original Project Area, Subarea C, Subarea D, Subarea E, Subarea
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F, Subarea G, Subarea H, Subarea I, Subarea J, Subarea K, Subarea L, Subarea M, Subarea
N, and Subarea O each as described in this Section.
Section 2: The taxes levied on the taxable property in the Amended Project Area, and each
subarea thereof, legally described in Section 1 hereof, by and for the benefit of the State of Iowa,
City of Dubuque, County of Dubuque, Dubuque Community School District, and all other taxing
districts from and after the effective date of this Ordinance shall be divided as hereinafter in this
Ordinance provided.
Section 3: As to the Original Project Area, that portion of the taxes which would be produced
by the rate at which the tax is levied each year by or for each of the taxing districts taxing property
in the Original Project Area upon the total sum of the assessed value of the taxable property in
the Original Project Area as shown on the assessment roll as of January 1, 1987, being the first
day of the calendar year preceding the effective date of Ordinance No. 26-88, shall be allocated
to and when collected be paid into the fund for the respective taxing district as taxes by or for
said taxing district into which all other property taxes are paid. The taxes so determined shall be
referred herein as the "base period taxes" for such Subarea.
As to Subarea B, Subarea B has been removed from the division of revenues by Ordinance
22-21. Subarea B will remain within the District.
As to Subarea C (except the lots and parcels now forming Subarea K and those lots and
parcels removed by Amended and Restated Urban Renewal Plan Version 2021.4 now
forming Subarea O), 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 assessment
roll applicable to property in such subarea as of January 1 of the calendar year preceding the
effective date of Ordinance No. 70-08, and base values shall be reduced due to the removal
of area from Subarea C.
As to Subarea D, 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 assessment
roll applicable to property in such subarea as of January 1 of the calendar year preceding the
effective date of Ordinance No. 70-08.
As to Subarea E, 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 assessment
roll applicable to property in such subarea as of January 1 of the calendar year preceding the
effective date of Ordinance No.10-14.
As to Subarea F, base period taxes shall be computed in the same manner using the total
assessed value shown on the assessment roll as of January 1, 2014, being the assessment
roll applicable to property in such subarea as of January 1 of the calendar year preceding the
effective date of Ordinance No. 39-15.
As to Subarea G, base period taxes shall be computed in the same manner using the total
assessed value shown on the assessment roll as of January 1, 2014, being the assessment
roll applicable to property in such subarea as of January 1 of the calendar year preceding the
effective date of Ordinance No. 55-15.
As to Subarea H, base period taxes shall be computed in the same manner using the total
assessed value shown on the assessment roll as of January 1, 2015, being the assessment
roll applicable to property in such subarea as of January 1 of the calendar year preceding the
effective date of Ordinance No. 49-16.
As to Subarea I, base period taxes shall be computed in the same manner using the total
assessed value shown on the assessment roll as of January 1, 2015, being the assessment
roll applicable to property in such subarea as of January 1 of the calendar year preceding the
effective date of Ordinance No. 49-16.
As to Subarea J, base period taxes shall be computed in the same manner using the total
assessed value shown on the assessment roll as of January 1, 2015, being the assessment
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roll applicable to property in such subarea as of January 1 of the calendar year preceding the
effective date of Ordinance No. 49-16.
As to Subarea K, base period taxes shall be computed in the same manner using the total
assessed value shown on the assessment roll as of January 1, 2017, being the assessment
roll applicable to property in such subarea as of January 1 of the calendar year preceding the
effective date of Ordinance No. 18-18.
As to Subarea L, base period taxes shall be computed in the same manner using the total
assessed value shown on the assessment roll as of January 1, 2017, being the assessment
roll applicable to property in such subarea as of January 1 of the calendar year preceding the
effective date of Ordinance No. 45-18.
As to Subarea M, base period taxes shall be computed in the same manner using the total
assessed value shown on the assessment roll as of January 1, 2017, being the assessment
roll applicable to property in such subarea as of January 1 of the calendar year preceding the
effective date of Ordinance No. 45-18.
As to Subarea N, base period taxes shall be computed in the same manner using the total
assessed value shown on the assessment roll as of January 1, 2020, being the assessment
roll applicable to property in such subarea as of January 1 of preceding the effective date of
this Ordinance No. 16-21.
As to Subarea O, base period taxes shall be computed in the same manner using the total
assessed value shown on the assessment roll as of January 1, 2020, being the assessment
roll applicable to property in such subarea as of January 1 of preceding the effective date of
this Ordinance 32-21.
Section 4: That portion of the taxes each year in excess of the base period taxes for the
Amended Project Area, determined for each sub -area thereof as provided in Section 3 of this
Ordinance, shall be allocated to and when collected be paid into the special tax increment fund
previously established by the City of Dubuque to pay the principal of and interest on loans,
monies advanced to, or indebtedness, whether funded, refunded, assumed or otherwise,
including bonds issued under authority of Section 403.9 or Section 403.12 of the Code of Iowa,
incurred by the City of Dubuque, Iowa to finance or refinance, in whole or in part, urban renewal
projects undertaken within the District 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 346.77 (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 Amended Project Area shall be
paid into the funds for the respective taxing districts in the same manner as taxes on all other
property.
Section 7: All ordinances or parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed. The provisions of this Ordinance are intended and shall be
35
construed so as to remove Subarea O from the division of taxes under the provisions of Section
403.19 of the Code of Iowa and to continue the division of taxes from taxable property in the
Amended Project Area under the provisions of Section 403.19 of the Code of Iowa, as
authorized in Ordinance No. 22-21. In the event that any provision of this Ordinance shall be
determined to be contrary to law it shall not affect other provisions or application of this
Ordinance which shall at all times be construed to fully invoke the provisions of Section 403.19
of the Code of Iowa with reference to the Amended Project Area and the subareas contained
therein.
Section 8: This Ordinance shall be in effect after its final passage, approval and publication
as provided by law.
Passed and approved this 20t" day of September, 2021.
/s/Danny C. Sprank, Mayor Pro Tem
Attest: /s/Adrienne N. Breitfelder, City Clerk
Published officially in the Telegraph Herald newspaper on the 24t" day of September, 2021.
/s/Adrienne N. Breitfelder, City Clerk
COUNCIL MEMBER REPORTS
Council Member Cavanagh reported on attending the Iowa League of Cities (ILC) recent
conference in Coralville. Mr. Cavanagh was elected to another two-year term on the Executive
Board of the ILC and also stated that the ILC's recently adopted legislative values share
similarities with the city's legislative priorities.
Council Member Farber reported on the upcoming Sister City Photo Exhibit from October
14 through 16 hosted by the Sister City Committee.
Council Member Resnick reported on attending an event entitled Every Voice Matters last
Saturday with other City Council members.
Mayor Pro Tem Sprank reported on participating in Dubuque's Oktoberfest opening
ceremony as Mayor Pro Tem.
Council Member Jones reported on recently speaking to the current Leadership Dubuque
class with Mayor Pro Tem Sprank.
CLOSED SESSION
Motion by Jones to convene in closed session at 9:08 p.m. to discuss real estate transfer
negotiations — Chapter 21.5(1)(j) Code of Iowa. Seconded by Cavanagh. Mayor Pro Tem Sprank
stated for the record that the attorney who will consult with City Council on the issues to be
discussed in the closed session is City Attorney Crenna Brumwell. Motion carried 7-0.
Upon motion, the City Council reconvened in open session at 10.09 p.m. stating that staff
had been given proper direction.
There being no further business, Mayor Pro Tem Sprank declared the meeting adjourned at
10:10 P.M.
/s/Adrienne N. Breitfelder, City Clerk
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