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11 07 22 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 5:30 p.m. on November 7, 2022, in the second-floor Council Chambers of the Historic Federal Building, 350 W. 6 th Street. Present: Mayor Cavanagh; Council Members Farber, Jones, Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen (arrived at 5:34 p.m.), City Attorney Brumwell. Mayor Cavanagh read the call and stated this is a special session of the City Co uncil called for the purpose of conducting a work session o n the housing choice voucher program. WORK SESSION UPDATE ON HOUSING CHOICE VOUCHER PROGRAM Housing and Community Development Director Alexis Steger presented on the Housing Choice Voucher Program, updates on acceptance rates, decrease in utilization, and other pro- grams offered under the Rental Assistance Division of the Housing and Community Develop- ment Department. Ms. Steger responded to questions from the City Council regarding voucher holders who move outside city limits, reasons landlords may not accept vouchers, and the lottery process for awarding vouchers. Ms. Steger and City Attorney Brumwell responded to a question regarding voucher and marketing options for senior residents. There being no further business, Mayor Cavanagh declared the meeting adjourned at 6:26 p.m. /s/Adrienne N. Breitfelder, City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on November 7, 2022, in the second-floor Council Chambers of the Historic Federal Building, 350 W. 6 th Street. Present: Mayor Cavanagh; Council Members Farber, Jones, Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen, City Attorney Brumwell. Mayor Cavanagh 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 City Attorney Brumwell announced that Action Item No. 1’s suggested disposition was amended to “receive and file” as neither state nor city code grants City Council the authority to approve preliminary plats. PRESENTATION(S) 1. 2022 Woman of the Year Award Recognition: Amy Gilligan, Executive Editor of the Tele- graph Herald, recognized Director of Strategic Partnerships Teri Hawks Goodmann as the 2022 Woman of the Year as part of the Telegraph Herald, BizTimes.biz, and Her Maga- zine's annual Salute to Women Awards. 2. Mississippi River Cities and Towns Initiative Founders Award Recognition: Colin Wel- lenkamp, Executive Director of the Mississippi River Cities & Towns Initiative (MRCTI) virtually recognized Director of Strategic Partnerships Teri Hawks Goodmann for receiving MRCTI's Founders Award. PROCLAMATION(S) 1. Hospice Month (November 2022) was accepted by Lavonne Noel on behalf of Hospice of Dubuque. 2. Pancreatic Cancer Awareness Day (November 17, 2022) was accepted by Diane Oglesby- Rambousek on behalf of the Michael W. Oglesby Foundation. 3. Small Business Saturday (November 26, 2022) was accepted by Ryan Sempf on behalf of the Dubuque Area Chamber of Commerce. CONSENT ITEMS Council Member Farber requested Item No. 21 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. 21. Seconded by Roussell. Motion carried 7-0. 1. Minutes and Reports Submitted: Civil Service Commission of 10/21/22; City Council Pro- ceedings of 10/17/22; Five Flags Civic Center Advisory Commission of 8/29/22; Historic Preser- vation Commission of 10/20/22; Library Board of Trustees of 4/28/22, 5/26/22, 6/23/22, 7/28/22, 8/24/22, and 8/25/22; Library Board of Trustees Update of 10/27/22; Long Range Planning Ad- visory Commission of 10/19/22; Zoning Advisory Commission of 11/2/22; Proof of Publication for City Council Proceedings of 10/3/22 and 10/17/22. Upon motion the documents were re- ceived and filed. 2. Notice of Claims and Suits: Connie Gosche for vehicle damage; Debra Heim for property damage. 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: Connie Gosche for vehicle damage; Debra Heim for property damage. Upon motion the docu- ments were received, filed, and concurred. 4. Approval of City Expenditures: Upon motion the documents were received and filed, and Resolution No. 342-22 Authorizing the Director of Finance and Budget/City Treasurer to make certain payments of bills that must be paid and approved for pay ment in accordance with City procedures was adopted. RESOLUTION NO. 342-22 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 ser- vices 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 pay- ment 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 DUBU- QUE, 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 Di- rector are hereby authorized and directed to provide the statement of receipts and disburse- ments to the City Council, and to publish a summary thereof. Passed, approved, and adopted this 7th day of November, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Fiscal Year 2022 State of Iowa Annual Financial Report: Upon motion the documents were received, filed, and approved. 6. Fiscal Year 2022 City Street Financing Report: Upon motion the documents were received and filed, and Resolution No. 343-22 Approving the City of Dubuque Fiscal Year 2022 City Street Financing Report was adopted. RESOLUTION NO. 343-22 APPROVING THE CITY OF DUBUQUE FISCAL YEAR 2022 CITY STREET FINANCING RE- PORT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the City Street Finance Report for the period of July 1, 2021, to June 30, 2022, is hereby approved and that the City Clerk is hereby authorized and directed to file said report with the Iowa Department of Transportation. Passed, approved, and adopted this 7th day of November 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 7. COVID-19 City Council Update: Upon motion the documents were received and filed. 8. Pre-annexation Agreement – John T. Jr. and Debra S. Kalb: Upon motion the documents were received and filed, and Resolution No. 344-22 Approving a Pre-Annexation Agreement between the City of Dubuque, Iowa and John T. Jr. and Debra S. Kalb was adopted. RESOLUTION NO. 344-22 APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND JOHN T. JR. AND DEBRA S. KALB Whereas, John T. Jr. and Debra S. Kalb, the owner of the following described property lo- cated at 17118 Chicory 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 11 of Wildflower Ridge Subdivision #2 in Dubuque County, Iowa, according to the rec- orded plat thereof, subject to easements and restrictions of record; and Whereas, John T. Jr. and Debra S. Kalb have 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 Dubu- que 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 Dubu- que, 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 DUBU- QUE, IOWA: Section 1. The Pre-annexation Agreement by and between John T. Jr. and Debra S. Kalb and the City of Dubuque is hereby approved. Passed, approved, and adopted this 7th day of November 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 9. Easement Agreement, Ace Construction-Dubuque, L.L.C: Upon motion the documents were received and filed, and Resolution No. 345-22 Approving an Agreement by and between the City of Dubuque, Iowa and Ace Construction -Dubuque, L.L.C and a Grant of Easement to the City of Dubuque was adopted. RESOLUTION NO. 345-22 APPROVING AN AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND ACE CONSTRUCTION-DUBUQUE, L.L.C AND A GRANT OF EASEMENT TO THE CITY OF DUBUQUE Whereas, on August 1, 2022, the City Council approved a resolution authorizing acquiring property owned by Ace Construction-Dubuque, L.L.C. (Ace) by eminent domain if necessary for access to a City water well located adjacent to the Ace property; and Whereas, Ace and the City have tentative entered into an Agreement attached hereto for a Grant of Easement to the City of Dubuque subject to City Council approval; and Whereas, the City Council finds that the Agreement and Grant of Easement should be ap- proved, and the Grant of Easement accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA AS FOLLOWS: Section 1. The Agreement by and between the City of Dubuque, Iowa and Ace Construction- Dubuque, L.L.C and the Grant of Easement to the City of Dubuque are hereby approved. Section 2. The Mayor is hereby authorized and directed to sign the Agreement on behalf of the City of Dubuque. Section 3. The Grant of Easement is hereby accepted. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 10. Corrected Legal Description by Resolution for Urban Renewal Plan for the Dubuque In- dustrial Center Economic Development District, Version 2022.3 : Upon motion the documents were received and filed, and Resolution No. 290-22-A Nunc Pro Tunc correcting and amending a scrivener's error in certain legal descriptions included in the Urban Renewal Plan for the Dubu- que Industrial Center Economic Development District was adopted. RESOLUTION NO. 290-22-A RESOLUTION NUNC PRO TUNC CORRECTING AND AMENDING A SCRIVENER'S ERROR IN CERTAIN LEGAL DESCRIPTIONS INCLUDED IN THE URBAN RENEWAL PLAN FOR THE DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT Whereas, by Resolution No. 290-22, adopted September 6, 2022, this Council found and determined that certain areas located within the City and County are eligible and should be designated as an urban renewal area under Iowa law, and approved and adopted the Urban Renewal Plan (the "Urban Renewal Plan" or "Plan") for the Dubuque Industrial Center Economic Development District (the "Urban Renewal Area" or "Area") described therein; and Whereas, the Urban Renewal Plan approved and adopted by Resolution No. 290-22 con- tained a scrivener's error in the legal description of the Urban Renewal Project Area; and Whereas, correcting the scrivener's error does not change the parcels of land which were intended to be included in the Urban Renewal Area; and Whereas, the Council has determined to adopt this resolution nunc pro tunc, correcting the scrivener's error in the legal description of the Urban Renewal Project Area contained in the Urban Renewal Plan for the Urban Renewal Area. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. That the findings and conclusions set forth or contained in the Urban Renewal Plan concerning the area of the City of Dubuque, State of Iowa, described in the preamble hereof and in Resolution No. 290-22, be and the same are hereby ratified and confirmed in all respects as the findings of this Council for the Urban Renewal Area with the exception of the amended legal description as set forth below. Section 2. The legal description of the Urban Renewal Project Area contained in the Urban Renewal Plan approved and adopted by Resolution No. 290-22 on September 6, 2022, is hereby corrected, nunc pro tunc, to provide as set forth in the legal descriptions of such area attached hereto as Attachment D. Section 3. The attached Attachment D shall be substituted in lieu of the original Attachment D contained in the Urban Renewal Plan. Section 4. That all other provisions of the Urban Renewal Plan not affected or otherwise revised by this resolution, as well as all resolutions previously adopted by this City Council re- lated to the Urban Renewal Plan be and the same are hereby ratified, confirmed, and approved in all respects. Passed, approved, and adopted this 7th day of November, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 11. Chaplain Schmitt Island Trail Connection Project - Iowa DOT Funding Agreement: Upon motion the documents were received and filed, and Resolution No. 346-22 Approving a Funding Agreement (23-EDP-102) with the Iowa Department of Transportation for Community Project Funding/Congressionally Directed Spending for the Chaplain Schmitt Island Trail Connection Project was adopted. RESOLUTION NO. 346-22 APPROVING A FUNDING AGREEMENT (23-EDP-102) WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR COMMUNITY PROJECT FUNDING/CONGRESSIONALLY DI- RECTED SPENDING for the Chaplain Schmitt Island Trail Connection project Whereas, the City of Dubuque desires to proceed with the Chaplain Schmitt Island Connector Trail Project; and Whereas, the trail will extend from near 16th Street along Admiral Sheehy Drive to the Chap- lain Schmitt Veteran’s Memorial and include a trailhead with ADA parking ; and Whereas, Chaplain Schmitt Island Connector Trail Project will involve the construction of a 10-foot-wide paved multi-use trail. The project is planned to be constructed in 2023 and will incorporate the alignment and design of the trailhead plaza RDG developed as an alternate in the Chaplain Schmitt Veterans Memorial; and Whereas, the Iowa Department of Transportation (Iowa DOT) has authorized the use of fed- eral funds for eligible costs for the Chaplain Schmitt Island Connector Trail Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the Mayor be authorized and directed to execute the Iowa DOT Transporta- tion Federal-Aid Agreement for a Congressionally Directed Funding Project Agreement (23 - EDP-102) between the City of Dubuque and the Iowa Department of Transportation be hereby approved for the Chaplain Schmitt Island Connector Trail Project: along Admiral Sheehy Drive from near 16th street to the Chaplain Schmitt Veterans Memorial. Passed, approved, and adopted this 7th day of November 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 12. 2022 Asphalt Overlay Access Ramp Project 4: Upon motion the documents were received and filed, and Resolution No. 347-22 Accepting the 2022 Asphalt Overlay Access Ramp Project 4 and authorizing the payment to the contractor was adopted. RESOLUTION NO. 347-22 ACCEPTING THE 2022 ASPHALT OVERLAY ACCESS RAMP PROJECT 4 AND AUTHOR- IZING THE PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the 2022 Asphalt Overlay Access Ramp Pro- ject 4 (the Project) has been completed by the Contractor, D&D Concrete Inc, (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 $132,127.74; and Whereas, the Contractor has previously been paid $125,521.35 leaving a balance of $6,606.39; 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 DUBU- QUE, 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 $6,606.39 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 7th day of November 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 13. Iowa Department of Transportation Title VI Compliance Review: Upon motion the docu- ments were received and filed, and Resolution No. 348-22 Approving the Iowa Department of Transportation Title VI / Non-Discrimination Assurances DOT Order No. 1050.2A and Title VI Non-Discrimination Agreement was adopted. RESOLUTION NO. 348-22 APPROVING THE IOWA DEPARTMENT OF TRANSPORTATION TITLE VI / NON-DISCRIM- INATION ASSURANCES DOT ORDER NO. 1050.2A AND TITLE VI NON-DISCRIMINATION AGREEMENT Whereas, the City of Dubuque is a sub-recipient of Federal Financial Assistance which passes through the Iowa Department of Transportation (IADOT); and Whereas, IADOT is required to establish, implement, and ensure compliance in program ar- eas of nondiscrimination, equal opportunity status, regulations, and executive orders that apply to the distribution of Federal funds; and Whereas, the City of Dubuque has been notified up an upcoming compliance review pertain- ing to the City’s Title VI obligations; and Whereas, the compliance review will be performed with the IADOT Affirmative Action Com- pliance Officer; and Whereas, prior to the compliance review the IADOT Affirmative Action Compliance Officer the City must submit the Iowa DOT Title VI Non-Discrimination Assurances and Non-Discrimi- nation Agreement; and Whereas, the deadline for submission is November 11, 202 2. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the Mayor is authorized and directed to execute the Iowa DOT Title VI Non- Discrimination Assurances Dot Order No. 1050.2A and Title VI Non-Discrimination Agreement between the City of Dubuque and the Iowa Department of Transportation. Section 2. That staff shall submit the signed document to IADOT and prepare the requisite Title VI Compliance Site Review documents for submission to IADOT for the complianc e review. Passed, approved, and adopted this 7th day of November 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 14. Community Development Block Grant Contract for Henry Stout Apartment Complex: Upon motion the documents were received and filed, and Resolution No. 349-22 Authorizing execution of CDBG Subrecipient Agreement with Gronen was adopted. RESOLUTION NO. 349-22 AUTHORIZING EXECUTION OF CDBG SUBRECIPIENT AGREEMENT WITH GRONEN Whereas, Gronen applied for Community Development Block Grant (CDBG) funds to acquire Henry Stout Apartment Complex to assist low and moderate-income persons; and Whereas, the submission was reviewed by the Community Development Advisory Commis- sion on March 16th, 2022; and Whereas, the City wishes to engage Subrecipient to assist the City in utilizing such CDBG funds to assist Subrecipient with acquisition of real property; and Whereas, City and the Subrecipient certify that the activity will meet the CDBG National Ob- jective of benefit to low- and moderate-income persons. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the Subrecipient Agreement, beginning November 7, 2022, for Gronen be approved, including authorization by the Community Development Advisory Commission. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to execute said Agreement and related documents on behalf of the City of Dubuque, Iowa. Passed, approved, and adopted this 7th day of November 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 15. Experience Schmitt Island: Mississippi River Outdoor Amphitheater and Island Trails Pro- ject Destination Iowa Outdoor Recreation Fund Grant Resolution Adoption : Upon motion the documents were received and filed, and Resolution No. 350-22 Authorizing the Mayor to submit a resolution to the Iowa Economic Development Authority for the Experience Schmitt Island: Mississippi River Outdoor Amphitheater and Island Trails Grant Applicati on to the Destination Iowa Outdoor Recreation Fund was adopted. RESOLUTION NO. 350-22 AUTHORIZING THE MAYOR TO SUBMIT A RESOLUTION TO THE IOWA ECONOMIC DE- VELOPMENT AUTHORITY FOR THE EXPERIENCE SCHMITT ISLAND: MISSISSIPPI RIVER OUTDOOR AMPHITHEATER AND ISLAND TRAILS GRANT APPLICATION TO THE DESTI- NATION IOWA OUTDOOR RECREATION FUND Whereas, Governor Reynolds has allocated $100 million dollars to bolster the quality of life in Iowa’s communities and attract visitors and new residents to the stat e; and applications are being accepted and administered by the Iowa Economic Development Authority (IEDA); and Whereas, the allocated funds are focused on shovel -ready projects; and Whereas, IEDA has four areas for grant funding, one of which is Outdoor Recreation; and Whereas, over the last two and one-half years during the pandemic there has been a large increase in the utilization of outdoor amenities across the state; and Whereas, Dubuque is uniquely situated along the Mississippi River for outdoor activities and exploration, is located directly adjacent to Wisconsin and Illinois, and is a major Iowa tourism destination; and Whereas, the City has an approved Master Plan for Chaplain Schmitt Island (Plan) and has identified the Plan implementation as a top priority for the community; and Whereas, the Island is prime for redevelopment with shovel-ready outdoor recreation projects which will both enhance the quality of life for existing residents while also drawing tourists and attracting new residents; and Whereas, staff has worked with a team of community members to prepare an application for an IEDA Destination Iowa Outdoor Recreation Fund grant and the City of Dubuque has taken the lead to administer the IEDA Destination Iowa Outdoor Recreation Fund upon a grant award; and Whereas, the Mayor and City Council approved the submission of a grant application to the IEDA Destination Iowa Outdoor Recreation Fund on behalf of the City of Dubuque at their Oc- tober 3, 2022 meeting; and Whereas, the City Manager included a letter of funding commitment in the grant application and was authorized to submit the grant to Iowa Economic Development Authority on October 3, 2022 with the grant being submitted October 4, 2022; and Whereas, the City wishes to additionally formalize all actions through Resolution . NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA, THAT: Section 1. This resolution codifies all actions of the City Council and the City Manager related to the Experience Schmitt Island: Mississippi River Outdoor Amphitheater and Island Trails Pro- ject grant application submitted. Section 2. The City Manager is hereby authorized and directed to forward any resulting stand- ard executed contract to the respective agencies in a timely fashion and as required by the Iowa Economic Development Authority. Passed, approved, and adopted this 7th day of November, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 16. Signed Contract(s): Schmitt Island Management Agreement. Upon motion the documents were received and filed. 17. Improvement Contracts / Performance, Payment and Maintenance Bonds : Black Hawk Roof Company for the Carnegie-Stout Library - Roofs 1 & 2 Restoration Project; Midwest Con- crete, Inc. for the Royalwood Subdivision Water Main Loop North Cascade Road Crossing Pro- ject; Midwest Concrete, Inc. for the Highway 20 - N. Cascade Road Truck Stop Water Service Connection Project. Upon motion the documents were received, filed, and approved. 18. Proposed Amendment to Master Co-location and Shared Services Agreement Between the City of Dubuque and Dubuque County : Upon motion the documents were received, filed, and approved. 19. Mediacom Communications Corporation Correspondence on Programming Changes and Rate Adjustments: Upon motion the documents were received and filed. 20. Boards and Commissions Pilot with the Iowa Department of Human Rights: Upon motion the documents were received and filed. 21. Liquor License Renewals: Council Member Farber announced her abstention from voting on this item due to owning Magoo’s Pizz a, one of the businesses included in the resolution. Motion by Jones to receive and file the documents and adopt Resolution No. No. 351-22 Ap- proving 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. Seconded by Wethal. Motion carried 6-0 with abstention from Farber. RESOLUTION NO. 351-22 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS RE- QUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI- CENSE 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 com- ply 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 DUBU- QUE, 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 documenta- tion: New Applications Steve's Ace Hardware 3350 John F. Kennedy Rd. Renewals Big 10 Mart 2100 John F. Kennedy Rd. Brazen Open Kitchen Bar 955 Washington St. Suite 101 Dubuque Golf & Country Club 1800 Randall Pl. Gary Dolphin's Iron Bar 333 East 10th St. Suite 104 Hy-Vee 2 2395 NW Arterial Store Kwik Stop Food Mart 2320 Gateway Dr. Magoo's Pizza 1875 University Ave. Sam's Club 4973 4400 Asbury Rd. The Moracco 1413 Rockdale Rd. United Automobile Workers, Local 94 3450 Central Ave. Special Event(s) per Special Event Application Submittal Christmas on the Square, The Mini Bar 11/24/22 to 11/28/22 Bluff St. from 3rd to 5th St. and 4th St. from Bluff to end of St. Provisional Issuances Dubuque Ice Arena 1800 Admiral Sheehy Rd. Passed, approved, and adopted this 7th day of November 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk ITEMS SET FOR PUBLIC HEARING Motion by Resnick to receive and file the documents, adopt the resolutions, and set the public hearings as indicated. Seconded by Roussell. Motion carried 7-0. 1. Upper Bee Branch Creek Restoration Railroad Sanitary Interceptor Crossing Project (part of Phase IV of the Bee Branch Watershed Flood Mitigation Project): Upon motion the documents were received and filed and Resolution No. 352-22 Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and ordering the advertisement for bids for the Upper Bee Branch Creek Restoration Railroad Sanitary Interceptor Crossing Project was adopted setting a public hearing for a meeting to commence at 6:30 p .m. on November 21, 2022, in the Historic Federal Building. RESOLUTION NO. 352-22 PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS FOR THE UPPER BEE BRANCH CREEK RESTORATION RAILROAD SANITARY INTERCEPTOR CROSSING PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The proposed plans, specifications, form of contract and estimated cost for the Upper Bee Branch Creek Restoration Railroad Sanitary Interceptor Crossing Project in the es- timated amount $3,203,300.00, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. Section 2. A public hearing will be held on the 21 st day of November, 2022, at 6:30 p.m. in the Historic Federal Building Council Chambers, 350 W. 6th Street, Dubuque, Iowa, at which time interested persons may appear and be he ard for or against the proposed plans and spec- ifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be pub- lished not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the propose d plans, spec- ifications, form of contract, or estimated cost of the Project. Section 3. The Upper Bee Branch Creek Restoration Railroad Sanitary Interceptor Crossing Project is hereby ordered to be advertised for bids for construction. Section 4. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. Section 5. The City Engineer is hereby directed to advertise for bids for the construction of the improvements herein provided, by publishing the Notice to Bidders to be published on the City of Dubuque website and a contractor plan room service with statewide circulation, which notice shall be published not less than thirteen but not more than forty-five days before the date for filing bids before 2:00 p.m. on the 8th day of December 2022. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final action at 6:30 p.m. on the 19th day of December 2022, in the Historic Federal Building Council Chambers (and/or by virtual means) 350 West 6th Street, Dubuque, Iowa. Passed, approved, and adopted this 7th day of November 2022. Brad M. Cavanagh, Mayor Adrienne N. Breitfelder, City Clerk 2. Resolution of Necessity for the Proposed Urban Renewal Plan for the John F. Kennedy (JFK) Road Urban Renewal Area: Upon motion the documents were received and filed and Resolution No. 353-22 Authorizing and directing the City Manager to prepare an Urban Renewal Plan for the John F. Kennedy (JFK) Road Urban Renewal Area, setting a date for the public hearing and directing the consultation process on the proposed Amended and Restated Urban Renewal Plan for said district was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on December 5, 2022, in the Historic Federal Building. RESOLUTION NO. 353-22 AUTHORIZING AND DIRECTING THE CITY MANAGER TO PREPARE AN URBAN RE- NEWAL PLAN FOR THE JOHN F. KENNEDY (JFK) ROAD URBAN RENEWAL AREA, SET- TING A DATE FOR THE PUBLIC HEARING AND DIRECTING THE CONSULTATION PRO- CESS ON THE PROPOSED AMENDED AND RESTATED URBAN RENEWAL PLAN FOR SAID DISTRICT Whereas, the City Council of the City of Dubuque has determined that the creation of the JFK Road Urban Renewal Area (the “Area”) will stimulate, through public involvement and commit- ment private investment in redevelopment activity; and Whereas, Iowa Code Chapter 403 requires that before urban renewal authority may be exer- cised, a City Council must adopt a resolution of necessity finding that the area in question is a slum, blighted or economic development area, and that so designating such area is necessary in the interest of the public health, safety, or welfare of the residents of the municipality. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the proposed JFK Road Urban Renewal Area, as generally described in At- tachment A and Attachment B to this Resolution, is an economic development area as defined by Chapter 403 of the Iowa Code and is appropriate for an urban renewal project. Section 2. That the development of the JFK Road Urban Renewal Area is necessary and appropriate to facilitate the proper growth and deve lopment of the community in accordance with sound planning and local community objectives. Section 3. That the City Manager is authorized and directed to prepare an Urban Renewal Plan for the JFK Road Urban Renewal Area to include in such Plan any appropriate project activities and details, to forward said Plan to the City's Long Range Planning Commission for review and comment, and to determine an appropriate date for and conduct the consultation process required by law with affected taxing entities concerning the proposed plan. Section 4. That the City Council hold a public hearing on the adoption of the proposed Urban Renewal Plan for the JFK Road Urban Renewal Area on December 5, 2022 at 6:30 p.m. in the form attached hereto. The notice of said hearing shall generally identify the areas covered by the Plan and the general scope of the urban renewal activities planned for such areas and said notice shall be published in a newspaper having general circulation within the City not fewer than four days nor more than twenty days before the date of said meeting. Section 5. That the Economic Development Department is further directed to send by ordi- nary mail a copy of said Plan, the notice of public hearing, a notice of consultation, and, to the extent the Plan includes the use of tax increment revenues for a public building, an analysis of alternative development and funding options for such public buildings, to the Dubuque Commu- nity School District and the Dubuque County Board of Supervisors, as the aff ected taxing enti- ties. Passed, approved, and adopted this 7th day of November, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk BOARDS/COMMISSIONS Applications were reviewed for the following Boards and Commissions. Applicants were in- vited to address the City Council regarding their desire to serve on the following Boards/Com- missions. City Clerk Breitfelder stated that Rick Baumhover withdrew his application from the Resilient Community Advisory Commission. Community Development Advisory Commission: One 3-Year term through February 15, 2023 (Vacant term of Hammel Jr.). Applicant: Gabriel Mozena, 196 Bluff St. City Council confirmed receipt of written input from Mr. Mozena in support of his application. Park and Recreation Advisory Commission: One 3-Year term through June 30, 2023 (Vacant term of Hochberger). Applicants: Ron Axtell, 1895 Norland Dr.; Josh Jorgenson, 3030 Judson Crt.; Shirley Snow, 779 University Ave. Mr. Axtell spoke in support of his application. City Council confirmed receipt of written input from Mr. Jorgenson in support of his applicat ion. Resilient Community Advisory Commission: One Cross Representative whose term will co- incide with their term on the cross represented board or commission. Applicants: Thea Dement, 375 Alpine St. - Current member of the Historic Preservation Commission - Term Expires 7/1/23; Steven Drahozal, 683 West 11th St. - Current member of the Catfish Creek Watershed Management Authority - Term Expires 7/16/24; Lori Ollendick, 1390 Oak Park Pl. - Current member of the Park and Recreation Advisory Commission - Term Expires 7/1/25. Mr. Drahozal virtually spoke in support of his application. Appointments were made to the following boards/commissions. Civil Service Commission: One, 4-Year term through April 6, 2026 (Vacant term of Basker- ville). Applicants: Scott Crabill, 2757 Balboa Dr. - Selected by Mayor Cavanagh for appointment at the October 3, 2022, City Council Meeting; Michelle Hinke, 973 Patricia Ann Dr. This com- mission is subject to the State of Iowa Gender Balance Law, §69.16A. 3 Commissioners tot al; currently 1 male /1 female. Upon roll call vote, Mr. Crabill was appointed to the 4-year term through April 6, 2026. Vote carried 7-0. PUBLIC HEARINGS 1. Rezoning Request - 1660 and 1670 Asbury Road: 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 Sprank. Planning Services Manager Wally Wernimont provided a report. Applicant Bob Felderman, 241 Southgate Dr., spoke in support of the application. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 35-22 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Developm ent Code, by reclassifying hereinafter described parcels of land located at 1660 and 1670 Asbury Road within the City of Dubuque from C-2 Neighborhood Shopping Center District to OC Office Commercial District. Seconded by Sprank. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 35-22 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DE- VELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PARCELS OF LAND LOCATED AT 1660 AND 1670 ASBURY ROAD WITHIN THE CITY OF DUB UQUE FROM C-2 NEIGHBORHOOD SHOPPING CENTER DISTRICT TO OC OFFICE COMMER- CIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is hereby amended by reclassifying the hereinafter described property from C-2 Neigh- borhood Shopping Center to OC Office Commercial, to wit: Lot 3A & Lot 4 in Finley’s Addition and the and south 60' of Lot 5 Finley’s Addition, accord- ing to the recorded plats thereof, subject to easements of record and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Advi- sory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect immediately upon publication as provided by law. Passed, approved, and adopted this 7th day of November 2022. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 11th day of November, 2022. /s/Adrienne N. Breitfelder, City Clerk 2. Public Hearing and Approval of Bies Drive Urban Revitalization: Motion by Roussell to receive, file, and approve the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the me eting at which it is to be passed be suspended. Seconded by Farber. Point of order by Cavanagh that there are no items to approve. Motion amended by Roussell to remove “approve” from the motion. Seconded by Farber. Motion carried 7-0. Motion by Roussell for final consideration and passage of Ordinance No. 36-22 Amending City of Dubuque Code of Ordinances Title 3, Revenue and Taxation, Chapter 2 Revitalization Areas, by adopting a new Section 8 Bies Drive, establishing the Bies Drive Urban Revitalization Area, and establishing requirements for qualifying property owners. Seconded by Farber. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 36-22 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 3, REVENUE AND TAXA- TION, CHAPTER 2 REVITALIZATION AREAS, BY ADOPTING A NEW SECTION 8 BIES DRIVE, ESTABLISHING THE BIES DRIVE URBAN REVITALIZATION AREA, AND ESTAB- LISHING REQUIREMENTS FOR QUALIFYING PROPERTY OWNERS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. City of Dubuque Code of Ordinances Title 3, Chapter 2 is hereby amended by adding the following: 3-2-8: Bies Drive- The area hereinafter described is hereby designated as the Bies Drive Urban Revitalization Area in accordance with the code of Iowa: Lot 1 of Roger F. and Kathleen A Klauer Family Place in the County of Dubuque, Iowa, City of Dubuque, Iowa, according to the recorded plat thereof. Section 2. The Bies Drive Urban Revitalization Plan as attached to this ordinance is hereby adopted and approved and the properties within said described area shall be subject to the provisions of said plan. Section 3. That the Bies Drive Urban Revitalization Plan shall hereafter be on file in the city clerk’s office, City Hall, Dubuque, Iowa. Section 4. That the City Clerk is hereby authorized and directed to publish this Ordinance on or after November 7th, 2022, provided that the City Clerk prior to that date has received no valid petition requesting a second public hearing, and in the event s uch petition has been received, then this Ordinance shall be null and void. Passed, approved, and adopted this 7th day of November 2022. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 11th day of November, 2022. /s/Adrienne N. Breitfelder, City Clerk 3. Resolution Approving a Proposed Development Agreement by and among the City of Dubuque, Iowa, Geisler Brothers Realty, LLC, and Dubuque Steel Products, Inc. for the Issu- ance of Urban Renewal Tax Increment Revenue Grant Obligations Pursuant to the Develop- ment Agreement: Motion by Resnick to receive and file the documents and adopt Resolution No. 354-22 Approving a Development Agreement by and among the City of Dubuque, Geisler Brothers Realty, LLC, and Dubuque Steel Products, Inc. including the issuance of urban tax increment revenue obligations to Dubuque Steel Products, Inc. Seconded by Sprank. Motion carried 7-0. RESOLUTION NO. 354-22 APPROVING A DEVELOPMENT AGREEMENT BY AND AMONG THE CITY OF DUBUQUE, GEISLER BROTHERS REALTY, LLC, AND DUBUQUE STEEL PRODUCTS, INC. INCLUD- ING THE ISSUANCE OF URBAN TAX INCREMENT REVENUE OBLIGATIONS TO DUBU- QUE STEEL PRODUCTS, INC. Whereas, Geisler Brothers Realty, LLC is the owner of the property legally described as fol- lows: Lot 1 of Dubuque Industrial Center 14th Addition, in the City of Dubuque, Iowa, according to the Plat recorded as Instrument No. 2021-15183, records of Dubuque County, Iowa (the Property); and Whereas, the City Council, by Resolution No. 334-22, dated October 17, 2022, declared its intent to enter into a Development Agreement by and among the City of Dubuque, Geisler Broth- ers Realty, LLC, and Dubuque Steel Products, Inc., including the issuance of Urban Renewal Tax Increment Revenue Obligations to Dubuque Steel Products, Inc.; and Whereas, pursuant to published notice, a public hearing was held on the proposed Develop- ment Agreement on November 7, 2022 at 6:30 p.m.; and Whereas, it is the determination of the City Council that approval of the Development Agree- ment for redevelopment of the Property by Geisler Brothers Realty, LLC, according to the terms and conditions set out in the Development Agreement, is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the Development Agreement by and among the City of Dubuque, Geisler Brothers Realty, LLC, and Dubuque Steel Products, Inc., a copy of which is attached hereto, including the issuance of Urban Renewal Tax Increment Revenue Obligations, is hereby ap- proved. Section 2. That the Mayor is hereby authorized and directed to execute the Development 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 Development Agreement as herein approved. Passed, approved, and adopted this 7th day of November, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 4. Bee Branch Creek Trail Phase 1 Project: Motion by Sprank to receive and file the docu- ments and adopt Resolution No. 355-22 Approval of plans, specifications, form of contract, and estimated cost for the Bee Branch Creek Trail Project – Phase 1 Project, Iowa DOT Project No. TAP-2100(697)—8I- 31. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 355-22 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE BEE BRANCH CREEK TRAIL PROJECT – PHASE 1 PROJECT, IOWA DOT PROJECT NO. TAP-2100(697)—8I-31 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the attached plans, specifications, form of contract and estimate of total cost for the Bee Branch Creek Trail Project – Phase 1 Project, Iowa DOT Project No. TAP-2100(697)—8I-31, in the estimated amount of $721,035.00 are hereby approved. Passed, approved, and adopted this 7th day of November, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk PUBLIC INPUT City Attorney Brumwell reiterated that Action Item No. 1’s suggested disposition was amended to “receive and file” due to City Council not being granted approval authority for pre- liminary plats in state or city code. Jennifer Nye, no permanent address, provided input regarding her accessibility experiences and an injury that occurred on a city bus. Steve Dunn, 2250 Foye St., provided input regarding parking limited to the west side of Foye St. City Clerk Breitfelder stated that public input was received by Kenneth Kiss of the Dubuque Audubon Society; Clark Schloz, 2925 Burlington St., and James Grantz of Lime Rock Springs Co. 10537 Route 3 respectively submitted input in opposition to Action Item No. 1. ACTION ITEMS 1. Preliminary Plat of Mozena Farms: Motion by Jones to receive and file the documents. Seconded by Farber. Planning Services Manager Wally Wernimont provided a report and re- sponded to questions from the City Council regarding how traffic studies are initiated, vehicle trip estimates, and cost responsibility for right-in, right-out. Motion carried 7-0. 2. 2022 John F. Kennedy Road Sidewalk Installation Project: Motion by Jones to receive and file the documents and adopt Resolution No. 356-22 Awarding Public Improvement Contract for the 2022 John F. Kennedy Road Sidewalk Installation Project - Iowa DOT Project TAP-U-2100- 703-8I-31. Seconded by Roussell. Responding to a question from the City Council, City Man- ager Van Milligen stated that inflation and labor shortages continue resulting in increased project costs. City Council Members expressed appreciation for the city’s efforts to make this project affordable for assessed property owners. Motion carried 7-0. RESOLUTION NO. 356-22 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE 2022 JOHN F. KENNEDY ROAD SIDEWALK INSTALLATION PROJECT - IOWA DOT PROJECT TAP-U-2100-703-8I- 31 Whereas, sealed proposals were opened and read by the Iowa Department of Transportation on the 18th day of October, 2022 and it has been determined that Midwest Concrete, Inc. of Peosta, IA with a bid amount of $538,457.10 is the lowest responsive, responsible bidder for the project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the City concurs with awarding a Public Improvement Contract for the Project subject to Iowa Department of Transportation concurrence and approval of award to Midwest Concrete, Inc. and execute a Public Improvement Construction Contract on behalf of the City of Dubuque for the Project. Passed, adopted, and approved this 7th day of November 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Ordinance Amendment for Civil Service Commission Meetings: 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 Roussell. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 37-22 Amending City of Dubuque Code of Ordinances Title 2 Boards and Commissions, Chapter 2 Civil Service Com- mission, Section 2-2-10 Meetings. Seconded by Roussell. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 37-22 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 2 BOARDS AND COM- MISSIONS, CHAPTER 2 CIVIL SERVICE COMMISSION, SECTION 2-2-10 MEETINGS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. Section 2-2-10 of the City of Dubuque Code of Ordinances is amended to read as follows: 2-2-10: MEETINGS: A. Regular Meetings: The commission meets monthly. When there is no business, there is no obligation to meet. B. Special Meetings: Special meetings may be called by the chairperson or at the written request of a majority of the commissioners. C. Open Meetings: All meetings must be called and held in conformance with the Iowa open meetings law. D. Attendance: 1. In the event a commissioner has been absent for three (3) or more consecutive meet- ings of the commission, without being excused by the chairperson, such absence will be grounds for the commission to recommend to the city council that the position be declared vacant and a replacement appointed. 2. Attendance must be entered upon the minutes of all meetings. E. Minutes: A copy of the minutes of all regular and special meetings of the commission must be filed with the city council within ten (10) working days after each meeting, or by the next regularly scheduled city council meeting, whichever is later. F. Quorum: Two (2) commissioners constitute a quorum for the transaction of business. The affirmative vote of a majority of the commissioners present and voting is necessa ry for the adoption of any motion or resolution. Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this 7th day of November, 2022. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 11th day of November, 2022. /s/Adrienne N. Breitfelder, City Clerk 4. Application Guidelines for the Arts Operating Recovery Subgranting Program funded by the National Endowment for the Arts American Rescue Plan Act: Motion by Sprank to receive and file the documents and adopt the resolution. Seconded by Resnick. Point of Order by Cavanagh that there is no resolution associated with the item. Motion amended by Sprank to receive and file the documents and approve the program materials establishing the application guidelines and requirements for the National Endowment for the Arts’ American Rescue Plan Act funded ‘Arts Operating Recovery Subgranting Program’. Seconded by Resnick. Motion car- ried 7-0. 5. Amending Ordinance 14-17-A for the Derby Grange Road Housing Urban Renewal Plan, Version 2022.1: Motion by Roussell 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 Farber. Motion carried 7-0. Motion by Roussell for final consideration and passage of Ordinance No. 38-22 Amending Ordinance No. 14-17-A providing that general property taxes levied and collected each year on all property located within the Derby Grange Road Housing Urban Renewal Area, in the City of Dubuque, County Of Dubuque, State of Iowa, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by sai d city in connection with said Derby Grange Road Housing Urban Renewal Area by revising the boundaries of the Derby Grange Road Housing Urban Renewal Area as described herein . Seconded by Farber. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 38-22 AMENDING ORDINANCE NO. 14-17-A PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE DERBY GRANGE ROAD HOUSING URBAN RENEWAL AREA, IN THE CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF DUBUQUE, COUNTY OF DUBUQUE, DUBUQUE COMMUNITY SCHOOL DISTRICT AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS, MONIES ADVANCED TO AND IN- DEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNECTION WITH SAID DERBY GRANGE ROAD HOUSING URBAN RENEWAL AREA BY REVISING THE BOUNDARIES OF THE DERBY GRANGE ROAD HOUSING UR- BAN RENEWAL AREA AS DESCRIBED HEREIN Whereas, the City Council of the City of Dubuque, Iowa, after public notice and hearing as prescribed by law and pursuant to Resolution No. 14-17-A passed and approved on the 17th day of April, 2017, adopted an Urban Renewal Plan (the "Urban Renewal Plan") for an urban renewal area known as the Derby Grange Road Housing Urban Renewal Area (the "Urban Re- newal Area"); and Whereas, expenditures and indebtedness are anticipated to be incurred by the City of Dubu- que, Iowa in the future to finance urban renewal project activities carr ied out in furtherance of the objectives of the Urban Renewal Plan and the future needs for redevelopment within the Urban Renewal Area are such as to require the application of the incremental tax resources of the Urban Renewal Area; and Whereas, the City Council of the City of Dubuque, Iowa desires to provide for the division of revenue from taxation in the Urban Renewal Area, as above described, in accordance with the provisions of Section 403.19 of the Code of Iowa, as amended, and the Urban Renewal Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. For purposes of this Ordinance, the following terms have the following meanings: a. Urban Renewal Project Area shall include that area described as follows: All that part of the right of way of John F. Kennedy Road lying between the following described line: A line beginning at the intersection of the west line of Lot 3 of Lot 2 of Helen E. and Mary H. Stewart Subdivision and the south right of way line of John F. Kennedy Road which then runs northeasterly perpendicular to said south right of way line and terminates at the northerly right of way line of John F. Kennedy Road; and the Northeasterly extension of the Northerly line of Lot 2 of Barton Randle Addition, City of Dubuque, Iowa; and All that part of the right of way of John F. Kennedy Road lying between the Northwesterly right of way line of Northwest Arterial (Iowa State Highway #32) and the Northe asterly extension of the Northerly line of Lot 2 of Barton Randle Addition, City of Dubuque, Iowa; and All that part of the Easterly half of the right of way of John F. Kennedy Road lying between the Northeasterly extension of the Northerly line of Lot 2 of Barton Randle Addi- tion, City of Dubuque, Iowa, and the Easterly extension of the Southerly line of Lot 2 of Lot 1 of the Subdivision of the Southeast Quarter of the Southwest Quarter of Section 9, T89N, R2E of the 5th P.M., Dubuque County, Iowa; and A part of Lot 2 the Subdivision of Lot 1 of the Southeast ¼ of the Southwest ¼ of Section 9, Township 89 North, Range 2 East of the 5 th Principal Meridian, in the County of Dubu- que, Iowa, more particularly described as follows: Commencing as a point of reference at the Northwest corner of Lot 2 of the Subdivision of Lot 1 of the Southeast ¼ of the Southwest ¼ of Section 9, Township 89 North, Range 2 East of the 5th Principal Meridian, in the County of Dubuque, Iowa; Thence North 88 De- grees 39 Minutes 26 Seconds East along the North line of said Lot 2 a distance of 731.49 feet to the point of beginning; Thence continuing North 88 Degrees 39 Minutes 26 Seconds East along the North line of said Lot 2 a distance of 137.55 feet to the Northeast corner of said Lot 2; Thence Southeasterly along the East line of said Lot 2, being a circular curve concave to the East, having a radius of 955.37 feet, a chord of 191.31 feet which bears South 06 Degrees 13 Minutes 07 Seconds East, an arc length of 191.63 feet; Thence South 11 Degrees 58 Minutes 32 Seconds East along said East line a distance of 258.07 feet to the Southeast corner of said Lot 2; Thence South 88 Degrees 05 Minutes 36 Sec- onds West along the South line of said Lot 2 a distance of 33.52 feet to a point on the We st right of way line of Kennedy Road; Thence North 11 Degrees 58 Minutes 32 Seconds West along said west right of way line a distance of 279.21 feet; Thence Northwesterly along said West right of way line, being a circular curve concave to the East having a radius of 988.37 feet, a chord of 34.46 feet which bears North 10 Degrees 57 Minutes 57 Seconds West, an arc length of 34.46 feet; Thence North 47 Degrees 24 Minutes 27 Seconds West along said West right of way line a distance of 159.58 feet to a point o n the South right of way line of Derby Grange Road; Thence North 02 Degrees 06 Minutes 27 Seconds West a distance of 52.00 feet to the point of beginning; and All that part of Lot 2 of the Northeast ¼ of the Southwest ¼ of Section 9, T89N, R2E of the 5th P.M., Dubuque County, Iowa, lying within the existing right of way of North Cascade Road; and All of Lot 1 of Tscharner Place No. 4, Section 9, Township 89 North, Range 2 East of the 5th P.M., Dubuque County, Iowa; and All that part of Lot 2 of Tscharner Place No. 3, Dubuque County, Iowa, lying South of the North line of the Southwest Quarter of Section 9, T89N, R2E of the 5th P.M. and East of the Westerly right of way line of John F. Kennedy Road; and All of Lot 1-A of The Barony, Dubuque County, Iowa; and All that part of the Northwesterly half of the right of way of John F. Kennedy Road lying Westerly of the West line of Lot 1 of Hope Evangelical Free Church 1 st Addition, Dubuque County, Iowa, and lying Easterly of the Southerly extension of the West line of Lot 1-A of The Barony, Dubuque County, Iowa; and The West 19.85 acres of the North Half of the Southeast Quarter of the Northeast Quar- ter of Section 9, Township 89 North, Range 2 East of the 5th P.M., Dubuque County, Iowa (also known as the North Half of the Southeast Quarter of the Northeast Quarter of Section 9, Township 89 North, Range 2 East of the 5th P.M., except 10 feet on the East side of said 20 acres of land reserved for a private roadway, in Dubuque County, Iowa). b. Urban Renewal Plan shall mean the Urban Renewal Plan for the Derby Grange Road Housing Urban Renewal Area, approved by Resolution No. 133-17-A on April 17, 2017, as the same may be amended from time to time. Section 2. That the taxes levied on the taxable property in the Urban Renewal Area, legally described in Section 1 hereof, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and all other taxing districts from and after the effective date of this Ordinance shall be divided as hereinafter in this Ordinance pro- vided. Section 3. That portion of the taxes which would be produced by the rate at which the tax is levied each year by or for each of the taxing districts upon the total sum of the assessed value of the taxable property in the Urban Renewal Area, as shown on the assessment roll as of January 1, 2016, being January 1 of the calendar year preceding the first calendar year in which the City of Dubuque is expected to certify to the County Auditor the amount of loans, advances, indebtedness, or bonds payable from the division of property tax revenue described herein, shall be allocated to and when collected be paid into the fund for the respective taxing district as taxes by or for the taxing district into which all other property taxes are paid. The taxes so determined shall be referred to herein as the "base period taxes" for such Urban Renewal Area. Section 4. That portion of the taxes each year in excess of the base period taxes determined for the Urban Renewal Area as provided in Section 3 of this Ordinance shall be allocated to and when collected be paid into a special tax increment fund of the City of Dubuque, Iowa hereby established, to pay the principal of and interest on loans, monies advanced to, indebtedness, whether funded, refunded, assumed or otherwise, including bonds or obligations issued under the authority of Section 403.9 or 403.12 of the Code of Iowa, as amended, incurred by the City of Dubuque, Iowa, to finance or refinance, in whole or in part, urban renewal projects undertaken within the Urban Renewal Area pursuant to the Urban Renewal Plan, except that (i) taxes for the regular and voter-approved physical plant and equipment levy of a school district imposed pursuant to Iowa Code Section 298.2 and taxes for the instructional support program of a school district imposed pursuant to Iowa Code Section 257.19 (but in each case only to the extent required under Iowa Code Section 403.19(2)); (ii) taxes for the payment of bonds and interest of each taxing district; (iii) taxes imposed under Iowa Code Section 346.27(22) related to joint county-city buildings; and (iv) any other exceptions described in Section 403.19 shall be col- lected against all taxable property within the Urban Renewal Project Area without any limitation as hereinabove provided. Section 5. Unless or until the total assessed valuation of the taxable property in the Urban Renewal Project Area exceeds the total assessed value of the taxable property in the Urban Renewal Area as shown by the assessment rolls referred to in Section 3 of this Ordinance, all of the taxes levied and collected upon the taxable property in the Urban Renewal Area shall be paid into the funds for the respective taxing districts as taxes by or for said taxing districts in the same manner as all other property taxes. Section 6. At such time as the loans, advances, indebtedness, bonds and interest thereon of the City of Dubuque, Iowa referred to in Section 4 hereof have been paid, all monies thereafter received from taxes upon the taxable property in the Urban Renewal 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 Ordi- nance are hereby repealed. The provisions of this Ordinance are intended and shall be con- strued so as to fully implement the division of taxes from taxable property in the Urban Renewal Area under the provisions of Section 403.19 of the Code of Iowa. 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 Urban Renewal Area and the territor y 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 7th day of November, 2022. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 11th day of November, 2022. /s/Adrienne N. Breitfelder, City Clerk 6. Corrected Legal Description for Ordinance 28-22 for the Dubuque Industrial Center Eco- nomic Development District, Version 2022.3: 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 su spended. Seconded by Roussell. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 28-22-A Correcting and amending Ordinance No. 28-22, previously amended, providing that general property taxes levied and collected each year on all property located within the Amended and Restated Dubu- que Industrial Center Economic Development District Urban Renewal Area of the City of Dubu- que, 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 Ur- ban Renewal Redevelopment Project by adding Subarea R to the division of revenues. Se- conded by Roussell. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 28-22-A CORRECTING AND AMENDING ORDINANCE NO. 28-22, PREVIOUSLY AMENDED, PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE AMENDED AND RESTATED DUBUQUE IN- DUSTRIAL 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, DUBU- QUE COMMUNITY SCHOOL DISTRICT, AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS, MONIES AD- VANCED TO AND INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, IN- CURRED BY SAID CITY IN CONNECTION WITH THE AMENDED AND RESTATED DUBU- QUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT URBAN RENEWAL REDEVELOPMENT PROJECT BY ADDING SUBAREA R 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 De- cember 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, Resolution 387-21 on November 1, 2021, Resolution 197-22 on May 16, 2022, by Resolution 289-22 on September 6, 2022, and by Resolution No. 290 -22 on September 6, 2022 (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 amen ded 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 Decem- ber 17, 2018, by Ordinance 15-21 and Ordinance 16-21 on April 19, 2021, by Ordinance 22-21 on June 7, 2021, by Ordinance 31-21 and Ordinance 32-21 on September 20, 2021, by Ordi- nance 37-21 on November 1, 2022, by Ordinance 21-22 on May 16, 2022, and by Ordinance 28-22 on September 6, 2022; and Whereas, indebtedness has been incurred by the City, and additional indebtedness is an tic- ipated 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 contin- ued 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 DUBU- QUE, IOWA, THAT: Ordinance Number 28-22 is hereby amended to read as follows: Section 1: For purposes of this Ordinance, the following terms shall have the following mean- ings: (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. 289-22 on September 6, 2022, which Subarea C includes the lots and parcels lo- cated within the area legally described as follows: Lots 1 and 2 of Dubuque Industrial Center North Second Addition; 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 ¼ of the NW ¼ of Sec. 30, T89N, R2E of the 5th PM; 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, those lots and parcels in- cluded in Subarea O, and those lots and parcels included in Subarea R. (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 Dubu- que, 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 de- scribed 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 Town- ship, 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, Town- ship 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 Dubu- que, 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 Dubu- que, 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 ¼ of the Northeast ¼, and Lot 2 of Lot 1 of Lot 1 of Lot 2 of the Northeast ¼ of the Northeast ¼, 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 de- scribed 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 (j) Subarea J means that portion of the City of Dubuque, Iowa, and Dubuque County de- scribed 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. (l) 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 ¼ of the Southeast ¼, 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 Reso- lution 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 ¼ of the Northeast ¼ 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 Indus- trial 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 Dubu- que, 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) Subarea P means that portion of Dubuque County and the City of Dubuque, Iowa de- scribed as Subarea P in the Amended and Restated Urban Renewal Plan for the District approved by Resolution 387-21 on November 1, 2021, which Subarea P includes the lots and parcels located within the area legally described as follows: Lot 2 of Wertzberger Acres No. 3, in Table Mound Township, Dubuque County, Iowa, according to the recorded Plat thereof; and The Southwest 1/4 of the Northeast 1/4, Lot 1 of the Northwest 1/4 of the Northeast 1/4, Lot 1 of Lot 1 of the Northeast 1/4 of the Northeast 1/4, and Lot 2 of the Southeast 1/4 of the Northeast 1/4, in Section 14, Township 88 North, Range 2 East of the 5th P.M., in Dubuque County, Iowa, according to United States Government Survey and the recorded Plats thereof, excepting therefrom that land acquired for highway right of way by the Iowa Department of Transportation known as Lot A of Lot 1 of the Northwest 1/4 of the Northeast 1/4 and of Lot 1 of Lot 1 of the Northeast 1/4 of the Northeast 1/4 and of Lot 2 of the Southeast 1/4 of the Northeast 1/4, all in Section 14, Township 88 North, Range 2 East of the 5th P.M., County of Dubuque, State of Iowa, containing 11.95 acres and as shown and described in the Warranty Deed filed as Instrument Number 2010-00003964 in the Dubuque County Recorder’s Office, and excepting therefrom that land acquired for highway right of way by the Iowa De- partment of Transportation known as Lot B of Lot 1 of Lot 1 of the Nort heast 1/4 of the Northeast 1/4 and of Lot 2 of the Southeast 1/4 of the Northeast 1/4, all in Section 14, Township 88 North, Range 2 East of the 5th P.M., County of Dubuque, State of Iowa, containing 0.62 acres and as shown and described in the Warranty De ed filed as Instrument Number 2011-00011776 in the Dubuque County Recorder’s Office; and All that land acquired for highway right of way by the Iowa Department of Transpor- tation known as Lot A of Lot 1 of the Northwest 1/4 of the Northeast 1/4 and of Lot 1 of Lot 1 of the Northeast 1/4 of the Northeast 1/4 and of Lot 2 of the Southeast 1/4 of the Northeast 1/4, all in Section 14, Township 88 North, Range 2 East of the 5th P.M., County of Dubuque, State of Iowa, containing 11.95 acres and as shown and de- scribed in the warranty deed filed as instrument number 2010 -00003964 in the Dubu- que County Recorder’s Office, and All that land acquired for highway right of way by the Iowa Department of Transpor- tation known as Lot B of Lot 1 of Lot 1 of the Northeast 1/4 of the Northeast 1/4 and of Lot 2 of the Southeast 1/4 of the Northeast 1/4, all in Section 14, Township 88 North, Range 2 East of the 5th P.M., County of Dubuque, State of Iowa, containing 0.62 acres and as shown and described in the warrant y deed filed as instrument number 2011-00011776 in the Dubuque County Recorder’s Office; and All that land acquired for highway right of way by the Iowa Department of Transpor- tation known as Lot A of Lot 2 of the Southwest 1/4 of the Northwest 1/4, all in Section 13, Township 88 North, Range 2 East of the 5th P.M., County of Dubuque, State of Iowa, containing 7.50 acres and as shown and described in the warranty deed filed as instrument number 2010-00007163 in the Dubuque County Recorder’s Office; and A part of that land acquired for highway right of way by the Iowa Department of Transportation known as Lot A of Lot 2 of 3 of Archdiocese Place No. 2 at Key West in Section 11, Township 88 North, Range 2 East of the 5th P.M., County of Dubuque and of Lot 2 of the Northwest 1/4 of the Northeast 1/4 and of Lot 2 of 1 of the North- east 1/4 of the Northeast 1/4 and of Lot 1 of the Southeast Quarter of the Northeast Quarter, all in Section 14, Township 88 North, Range 2 East of the 5th P.M., County of Dubuque, State of Iowa, containing 51.12 acres and as shown and described in the warranty deed filed as instrument number 2011 -00018392 in the Dubuque County Recorder’s Office, more particularly described as follows: Commencing at the east 1/4 corner of said section 14; thence south 87° (degrees) 30' (minutes) 08" (seconds) west (assumed bearing for the purpose of this descrip- tion) on the south line of the northeast 1/4 of said section 14, a distance of 316.67 feet to the southeast corner of said lot 1 of the southeast 1/4 of the northeast 1/4 which is on the present northwesterly right-of-way line of U.S. highway 61, being the point of beginning of the area herein described; thence continuing south 87°30'08" west on said south line, also being the south line of said lo t 1 of the southeast 1/4 of the northeast 1/4, a distance of 744.37 feet to the west line of said lot 1 of the south- east 1/4 of the northeast 1/4; thence north 01°46'59" west on said west line, 365.46 feet; thence north 02°36'29" west on said west line, 25 8.32 feet to the northwesterly line of said lot 1 of the southeast 1/4 of the northeast 1/4; thence north 15°33'01" east on said northwesterly line, 189.90 feet; thence north 20°16'31" east on said north- westerly line, 100.25 feet; thence north 31°16'30" ea st on said northwesterly line, 371.74 feet; thence north 51°35'55" east on said northwesterly line, 46.89 feet; thence north 26°34'03" east on said northwesterly line, 112.65 feet to the northwest corner of said lot 1 of the southeast 1/4 of the northeast 1/4, also being the southwest corner of said lot 2 of 1 of the northeast 1/4 of the northeast 1/4; thence north 35°25'51" east on the westerly and southwesterly line of said lot 2 of 1 of the north- east 1/4 of the northeast 1/4, a distance of 200.90 feet; t hence north 01°11'53" west on said westerly and southwesterly line, 284.09 feet; thence north 51°36'20" west on said westerly and southwesterly line, 173.35 feet; thence south 73°41'30" east a dis- tance of 115.82 feet; thence south 48°36'34" east on the northeasterly line of said lot 2 of 1 of the northeast 1/4 of the northeast 1/4, 759.07 feet to the southeast corner of said lot 2 of 1 of the northeast 1/4 of the northeast 1/4, also being the northeast corner of said lot 1 of the southeast 1/4 of the northeast 1/4; thence south 02°41'19" east on the easterly line of said lot 1 of the southeast 1/4 of the northeast 1/4, a distance of 954.91 feet to the present northwesterly right -of-way line of U.S. highway 61; thence south 38°00'39” west on said northwesterly right-of-way line, 485.62 feet to the point of beginning, containing 31.49 acres, more or less; and An 80-foot-wide strip of land in the Southeast Half of Section 31, Township 89 North, Range 2 East, The Southwest Quarter of Section 32, Township 89 Nort h, Range 2 East, the North Half of Section 5, Township 88 North, Range 2 East, the Northwest, Northeast, and Southeast Quarters of Section 4, Township 88 North, Range 2 East, the South Half of Section 3, Township 88 North, Range 2 East, the Southwest Quar- ter of Section 2, Township 88 North, Range 2 East, the Northwest, Northeast, and Southeast Quarters of Section 11, Township 88 North, Range 2 East, and the North- east Quarter of Section 14, Township 88 North, Range 2 East, of the Fifth Principal Meridian, centered on the following described line: Commencing at the Southeast Corner of Lot B, Dubuque Industrial Center South First Addition, in the City of Dubuque, Dubuque County, Iowa (Record Doc. #2014 - 1397), at the Northerly Right-of-Way of Seippel Road; thence South 35°44’18” East (Record North 35°52’10” West) along the East Line of said First Addition, 11.13 feet; thence South 10°51’45” East, 40.00 feet to the centerline of Seippel Road, the Point of Beginning; thence North 79°08’15” East along said centerli ne, 1004.09 feet; thence Easterly along the centerline of U. S. Highway 52 and the extension thereof an arc length of 880.50 feet along a 1,200.00 foot radius curve being concave south- erly, having a long chord of South 79°50’32” East, 860.88 feet; thence S outh 58°49’18” East along said centerline of U. S. Highway 52, 2,489.33 feet; thence Southeasterly along said centerline of U. S. Highway 52 an arc length of 3,363.36 feet along a 12,000.00 foot radius curve being concave Northeasterly, having a long chord of South 66°51’04” East, 3,352.36 feet; thence South 74°52’50” East along said centerline of U. S. Highway 52, 1318.07 feet; thence Southeasterly along said centerline of U. S. Highway 52 an arc length of 1,569.39 feet along a 12,000.00 foot radius curve being concave Southwesterly, having a long chord of South 71°08’02” East, 1,568.27 feet; thence South 67°23’15” East along said centerline of U. S. High- way 52, 1093.39 feet; thence Southeasterly along said centerline of U. S. Highway 52 an arc length of 1,414.18 feet along a 23,000.00 foot radius curve being concave Southwesterly, having a long chord of South 65°37’33” East, 1,413.95 feet; thence South 63°51’52” East along said centerline of U. S. Highway 52, 947.44 feet; thence Southeasterly along said centerline of U. S. Highway 52 an arc length of 1,134.73 feet along a 8,000.00 foot radius curve being concave Northeasterly, having a long chord of South 67°55’41” East, 1,133.78 feet; thence South 71°59’29” East along said centerline of U. S. Highway 52, 3,507.89 feet; thence Southeasterly along said centerline of U. S. Highway 52 an arc length of 7,787.63 feet along a 7,500.00 foot radius curve being concave Southwesterly, having a long chord of South 42°14’42” East, 7,442.46 feet; thence South 12°29’54” Ea st along said centerline of U. S. High- way 52, 750.54 feet; thence Southeasterly along said centerline of U. S. Highway 52 an arc length of 449.54 feet along a 4,000.00 foot radius curve being concave North- easterly, having a long chord of South 15°43’05” East, 449.31 feet, to the End Point, the sidelines of said 80-foot-wide strip of land are to be shortened or lengthened to the intersection of the easterly line of Dubuque Industrial Center South First Addition, in the City of Dubuque, Dubuque County, Iowa as recorded in Doc. #2014-1397 and the intersection of the northerly line of Lot 1 and Lot 1 of 1 as recorded in Doc. #2010 - 3964. (q) Subarea Q means that portion of the City of Dubuque, Iowa described as Subarea Q in the Amended and Restated Urban Renewal Plan for the District approved by Reso- lution 197-22 on May 16, 2022, which Subarea Q includes the lots and parcels located within the area legally described as follows: Lot 1-5 of Dubuque Industrial Center West 5th Addition in the City of Dubuque, Iowa All in the City of Dubuque, Iowa (r) Subarea R means that portion of the City of Dubuque, Iowa described as Subarea R in the Amended and Restated Urban Renewal Plan for the District approved by Resolution 290-22 on September 6, 2022, which Subarea R includes the lots and parcels located within the area legally described as follows: Part of Lot 3 in the Dubuque Industrial Center North First Addition in the City of Dubuque, Dubuque County, Iowa, Except Lot ‘A’ of Lot 3 in Dubuque Industrial Cen- ter North First Addition in the City of Dubuque, Dubuque County, Iowa, described as follows: Commencing at the southeast corner of said Lot 3; thence N00°36’04”W, 364.16 feet along the east line of said Lot 3; thence S89°24’16”W, 502.28 feet along the outside face of the south wall of the existing building to the point of beginning; thence S00°35’44”E, 37.00 feet; thence S89°24’16”W, 170.00 feet; thence N00°35’44”W, 32.00 feet; thence S89°24’16”W, 210.00 feet; thence N00°35’44”W, 362.00 feet; thence N89°24’16”E, 255.00 feet to the northerly extension of the out- side face of the west wall of the existing building; then S00°35’44”E, 357.00 feet along said face of the west wall of the southwest corner of the existing building; thence N89°24’16”E, 125.00 feet along the face of the south wall of the existing building to the point of beginning, containing 2.258 acres All in the City of Dubuque, Iowa. (s) 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, Sub- area M, Subarea N, Subarea O, Subarea P, Subarea Q, and Subarea R each as de- scribed 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 prop- erty 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 Or- dinance 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, and those lots and parcels removed by Ordinance 28-22, now forming Subarea R), 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 Ja nuary 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 ma nner 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, bei ng 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 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 Ordinance 32-21. As to Subarea P, Subarea P has been removed from the division of revenues by Or- dinance 21-22. Subarea P will remain within the District. As to Subarea Q, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 20 22, 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. 21-22. As to Subarea R, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2022, being the assessment roll applicable to property in such subarea as of January 1 of the calendar year preceding the effective date of this Ordinance No. 28-22-A. 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, includ- ing bonds issued under authority of Section 403.9 or Section 403.12 of the Code of Iowa, in- curred 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 Ord inance, 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 in- debtedness 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 Pro ject 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 Ordi- nance are hereby repealed. The provisions of this Ordinance are intended and shall be con- strued so as 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 this Ordinance No. 28-22-A. 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 th e 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 7th day of November, 2022. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 11th day of November, 2022. /s/Adrienne N. Breitfelder, City Clerk 7. Public Works Staff Videos: Motion by Farber to receive and file the documents and view the videos. Seconded by Roussell. Assistant Public Works Director Arielle Swift introduced sev- eral videos that highlight the work of the Public Works Department. Due to technical difficulties, the videos were unable to be displayed until after Council Member Reports. COUNCIL MEMBER REPORTS Council Member Sprank reported that Election Day is November 8th and reminded residents whose voting precinct is Comiskey Park that voting is still occurring there regardless of current construction at the park. Council Member Farber congratulated the Dubuque Racing Association (DRA), Leisure Ser- vices, and Engineering on the recent re-opening of the Dubuque Ice Arena. Council Member Wethal reported on attending the NAACP’s Freedom Fund Banquet and expressed enthusiasm for Avelo Airlines plan to offer Dubuque flights. Mayor Cavanagh also expressed enthusiasm for Avelo Airlines. Council Member Resnick congratulated Director of Strategic Partnerships Teri Hawks Good- mann on her accomplishments. Council Member Jones provided statements regarding state laws that restrict on -street park- ing. ACTION ITEMS CONTINUED 7. Public Works Staff Videos: The videos highlighting the work of the Public Works Depart- ment were displayed. Two of the videos can be accessed via the following links: https://youtu.be/FsITWb2aywQ; https://youtu.be/F687HCoh6O8. Motion carried 7 -0. CLOSED SESSION Motion by Jones to convene in closed session at 8:41 p.m. to discuss Purchase or Sale of Real Estate – Chapter 21.5(1)(j) Code of Iowa. Seconded by Resnick. Mayor Cavanagh 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 Brumwell. Motion carried 7-0. The City Council reconvened in open session at 10:12 p.m. stating that staff had been given proper direction. There being no further business, Mayor Cavanagh declared the meeting adjourned at 10:12 p.m. /s/Adrienne N. Breitfelder, City Clerk