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09 06 22 City Council Proceedings Official_regularCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on September 6, 2022, in the second-floor Council Chambers of the Historic Federal Building, 350 W. 6th Street. Present: Mayor Cavanagh; Council Members Farber, Jones, Resnick (attended virtually), 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 SWEARING IN 1. Mayor Pro Tem Swearing-In: Mayor Cavanagh swore-in Mayor Pro Tem Laura J. Roussell. PRESENTATION(S) 1. COVID-19 Update: Public Health Director Mary Rose Corrigan provided an update on the COVID-19 pandemic and response activities. 2. Crescent Community Health Center: Dancing with the Stars Recognition : Gary Collins, Chief Executive Officer for Crescent Community Health Center, presented Community Engage- ment Coordinator Temwa Phiri with an award for helping to educate and create awareness for Crescent Community Health Center through the Dubuque Area Chamber of Commerce's Danc- ing with the Stars event. PROCLAMATION(S) 1. Direct Support Professional Recognition Week (September 11-17, 2022) was accepted by Community Services Director Kara Huss, Chief Operating Officer Brooke Gomez, and CEO Jack Mescher on behalf of Hills & Dales. CONSENT ITEMS Motion by Jones to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Farber. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council Proceedings of 8/15/22, 8/22/22, 8/23/22, and 8/24/22; Civil Service Commission of 5/31/22, 8/15/22, and 8/19/22; Equity and Human Rights Commission of 7/11/22; Historic Preservation Commission of 8/18/22; Housing Appeals and Mediation Board of 4/19/22 and 6/21/22; Housing Commission of 7/26/22; Proof of publica- tion for City Council proceedings of 7/25/22, 8/1/22, 8/8/22, and 8/15/22. Upon motion the doc- uments were received and filed. 2. Notice of Claims and Suits: Alex Ready for property damage; Pamela Straka for personal injury; Nathan and Amanda Salzmann 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: Alex Ready for property damage; Nathan and Amanda Salzmann for property damage; Pamela Straka for personal injury. Upon motion the documents were received, filed, and concurred. 4. Approval of City Expenditures: Upon motion the documents were received and filed, and Resolution No. 282-22 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 was adopted. RESOLUTION NO. 282-22 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, b y 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 6th day of September, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. 4800 Asbury Road Dubuque Ia. LLC and Hy-Vee INC. vs. City of Dubuque Board of Review Stipulation of Settlement: Upon motion the documents were received and filed. 6. Butler Children’s Garden Foundation: City Attorney recommended City Council approval of an agreement with the Butler Children’s Garden Foundation that provides access and parking in the City’s Marshall Park to facilitate construction of a public children’s garden on land currently owned by the Dubuque YMCA and access and parking following completion. Upon motion the documents were received, filed, and approved. 7. Letter of Support – Grayfield Tax Credit for 249 West 1st Street: Upon motion the docu- ments were received, filed, and approved. 8. Letter of Support – Grayfield Tax Credit for 799 Main Street: Upon motion the documents were received, filed, and approved. 9. Letter of Support – Grayfield Tax Credit for 346-348 West Locust Street: Upon motion the documents were received, filed, and approved. 10. Housing Commission Appointment of Liaison to Housing Trust Fund Advisory Committee: Housing Commission requested City Council approval to appoint Commissioner Rick Baum- hover as the Housing Commission Liaison to the Housing Trust Fund Advisory Committee. Upon motion the documents were received, filed, and approved. 11. Housing Commission Appointment of Liaison to Community Development Advisory Com- mission: Housing Commission requested City Council approval to appoint Commissioner Renee Kehoe as the Housing Commission Liaison to the Community Development Advisory Commis- sion. Upon motion the documents were received, filed, and approved. 12. Grass and Weed Cutting and Garbage Collection Assessments: Upon motion the docu- ments were received and filed, and Resolution No. 283-22 Authorizing the City to collect delin- quent grass and weed cutting and garbage collection charges in accordance with Title 6 -4-3A and Title 6-8-2 of the Code of Ordinances of the City of Dubuque, Iowa was adopted. RESOLUTION NO. 283-22 AUTHORIZING THE CITY TO COLLECT DELINQUENT GRASS AND WEED CUTTING AND GARBAGE COLLECTION CHARGES IN ACCORDANCE WITH TITLE 6-4-3A AND TITLE 6- 8-2 OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, residential properties in the City of Dubuque are considered substandard if any conditions exist to an extent that endanger life, limb, health, property, safety, or welfare of the public or the occupants thereof; and Whereas, whenever in the judgment of the Housing Officer, a nuisance that is “palpably and indisputably such” exists which requires immediate action to protect the public health, safety or welfare of the public, the Housing Officer may order the emergency abatement of such; and Whereas, delinquent grass and weed cutting and garbage collection charges shall be certified by the City Clerk to the Dubuque County Treasurer for collection with, and in the same manner as general property taxes; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section I. That the persons listed on the attached Grass/Weed/Garbage Assessment Sched- ule are delinquent in the payment of grass and weed cutting and garbage collection charges. Section 2. That the City Clerk be and is hereby ordered and directed to certify to the County Treasurer of Dubuque County, Iowa, that the persons named on the attached Grass/Weed/Gar- bage Assessment Schedule are delinquent in the payment of grass and weed cutting and gar- bage collection charges in the amount set aside of the respective names, and that said amoun ts shall be collected in the same manner as general property taxes against the respective parcels of property set opposite the names of the owners. Passed, approved, and adopted this 6th day of September, 2022. Brad M Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk Schedule of Assessments Delinquent Grass and Weed Cutting and Garbage Removal Accounts Location; Owner; Parcel #; Amount; Category 721 Garfield; Lot 13 Cooks Add; MCT Investments LLC 8505 Southern Hills CT Dubuque IA 52003; 1013485011; $144.31; garbage 1430 Iowa; N 22.9'-S 49.25' of SM 1/5 of City Lot 455; Skeleton Closet LLC 1175 Bluff St Ste 2 Dubuque IA 52001; 1024407003; $119.31; garbage 2639 Windsor; Lot 4-1-5 of Sub of 11, 12 & 13 Lands Inside NE 1/4 SEC 13 T89N -R2E; GRTD Investments LLC 3250 Kennedy Cir Ste 7 Dubuque IA 52002; 1013256009; $119.31; garbage 2443 Jackson; Lots 1 & 2 of N 1/2 of E 85' LOT 184 L H Langworthy's Add; Time N Money LLC 2765 Brunswick St Dubuque IA 52001; 1013379022; $131.81; garbage 2810 Wildwood; Lot 5 Blk 11 Sunrise Heights; Simon, Stan L & Charalin C 2810 Wildwood CT Dubuque IA 52001; 1014179006; $104.66; garbage 2410 Queen; N 30' Lot 39 Staffords Add; Ramirez, Emiliano 89 Southern Ave Dubuque IA 52003; 1013453011; $181.81; garbage 209 E 22nd; W 33'-W 65'-Lot 84 L H Langworhty's Add; Mid-America Property Management LLC PO Box 1572 Dubuque IA 52004-1572; 1024203021; $223.98; garbage 346 Klingenberg; Lot 18 Charles Klingenberg's 4th; Mid-America Property Management LLC PO Box 1572 Dubuque IA 52004-1572; 1024133018; $89.66; garbage 1783 Heeb; Lot 2-7 of City Lot 675; Roylline Rentals LLC 8505 Southern Hills CT Dubuque IA 52003; 1024260007; $181.81; garbage 1627 Central; N 20' of S 1/5 of City Lot 452 & S 25'6" of SM 1/5 of City Lot 452; Sharpi Properties LLC 6481 Weber Rd Bellevue IA 52031; 1024265012; $119.31; garbage 209 E 22nd; W 33'-W 65'-Lot 84 L H Langworhty's Add; Mid-America Property Management LLC PO Box 1572 Dubuque IA 52004-1572; 1024203021; $131.81; garbage 2214 Jackson; Lot 1-57 L H Langworthys Add; Blake, Thomas J & Martha J 115 Skyline Dr Guttenberg IA 52052; 1024203007; $119.31; garbage 1428 Iowa; S 26.38' of SM 1/5 & N 8.2' of N 26'2" of S 1/5 City Lots 455; River Walk Properties LLC Pmb 3113500 Dodge St, Suite 205 Dubuque IA 52003; 1024407004; $114.31; garbage 2301 Windsor; Lots 1-1 & 1-2 Fisch-Schadle Place; Beecher, Etta Marie 29761 Running Deer Ln Laguna Negril CA 52677; 1013457010; $119.31; garbage 1405 Mt Pleasant; E 110' of Lot 1 Oakland Park; Vandelay Property Management LLC 14053 Kathleen CT Dubuque IA 52003; 1023461030; $119.31; garbage 2330 White; N 56 1/2'-W 1/2-Lot 23A L H Langworhty's Add; Olson, Steven D 2330 White St Dubuque IA 52001; 1013384004; $131.81; garbage 2132 White; Lot 2-N 58'-W 1/2-Lot 39 L H Langworthy's Add; Mid-America Property Manage- ment LLC PO Box 1572 Dubuque IA 52004-1572; 1024208006; $119.31; garbage 1920 Jackson; Lot 4 of Min Lot 100; Mike Winger Properties LLC 2165 Washington St Dubu- que IA 52001; 1024255006; $131.81; garbage 1323 Garfield; Lot 26 & NE 10'-Lot 25 Mc Craney's 1st Add; MZH Garfield Holdings LLC PO Box 1293 Dubuque IA 52004; 1118306010; $119.31; garbage 1428 Iowa; S 26.38' of SM 1/5 & N 8.2' of N 26'2" of S 1/5 City Lots 455; River Walk Properties LLC Pmb 311 3500 Dodge St, Suite 205 Dubuque IA 52003; 1024407004; $119.31; garbage 2108 Jackson; Lot 49 L H Langworthy's Add; Mid America Property Management LLC PO Box 1572 Dubuque IA 52004-1572; 1024209009; $139.31; garbage 1663 Washington; N 1/2 Lot 84 East Dubuque Add; McDermott Enterprises LLC 2248 Jo Ann Dr Dubuque IA 52002; 1024268014; $119.31; garbage 2413 Jackson; Lot 3 New Jackson Sub; Brandel, Brian 2413 Jackson St Dubuque IA 52001; 1013379029; $179.31; garbage 170 W 24th, Lot 1-2-1 & E 22.5' of Lot 2 in Zumhofs Sub; You, Tao & Chai, Yin 2274 Wash- ington St #2 Dubuque IA 52001; 1013381003; $139.31; garbage 1592 Iowa; S 1/2 of N 1/5 of City Lot 454; High Performance LLC 8505 Southern Hills CT Dubuque IA 52003; 1024403002; $231.12; garbage 1783 Heeb; Roylline Rentals LLC 8505 Southern Hills CT Dubuque IA 52003; 1024260007; $313.62; garbage 1497 Jackson; N 35' of N 1/5 of City Lot 494; Mid America Property Management LLC PO Box 1572 Dubuque IA 52004-1572; 1024409006; $119.31; garbage 1428 Iowa; S 26.38' of SM 1/5 & N 8.2' of N 26'2" of S 1/5 City Lots 455; River Walk Properties LLC Pmb 311 3500 Dodge St, Suite 205 Dubuque IA 52003; 1024407004; $233.48; garbage 682 University; Lot 2-1-10 & Lot 1-1-1-1-11 Kelly’s Sub; Healey, Joseph 2586 Crissy Dr Dubu- que IA 52001; 1025129018; $131.81; garbage 940 Wilson; Lot 2 Cains Sub; Kramer, David J 940 Wilson Ave Dubuque IA 52001; 1025104008; $119.31; garbage 1876 Central; N 26'5" - N 2/5 of City Lot 436; MZH Properties LLC PO Box 1293 Dubuque IA 52004; 1024256001; $119.31; garbage 425 Hill; Lot 29 Deming & Horrs Sub; Apgar, Griffith D & Kimberly S 425 Hill St Dubuque IA 52001; 1025176018; $131.81; garbage 1725 Delhi; Lot 1-1-1, Lot 2-2-1, Lot 2-2 Morheiser's Sub of Lot 45 In Morheiser's Add; Mid America Property Management LLC PO Box 1572 Dubuque IA 52004-1572; 1026212014; $176.81; garbage 1300 Glen Oak; N 50' of N 1/2 of W 1/2 of Lot 24 Mt Pleasant Add; Ernst, Daniel J & Elisabeth K 17173 Ballymore Ln Dubuque IA 52001; 1023483006; $131.81; garbage 209 E 22nd; W 33'-W 65'-Lot 84 L H Langworhty's Add; Mid-America Property Management LLC PO Box 1572 Dubuque IA 52004-1572; 1024203021; $156.81; garbage 743 Bluff; Lot 2 of N 50' of Lot 4 of City Lot 653A; Judge Real Estate LLC 605 Bluff St Dubuque IA 52001; 1025207040; $206.48; garbage 13. 2022 Justice Assistance Grant (JAG): Notice of Application: Upon motion the documents were received, filed, and approved. 14. Final Plat of Silver Oaks Estates No. 3: Upon motion the documents were received and filed, and Resolution No. 284-22 Authorizing approval of the Final Plat of Silver Oaks Estates No. 3 in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 284-22 AUTHORIZING APPROVAL OF THE FINAL PLAT OF SILVER OAKS ESTATES NO. 3 IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the city clerk a final plat of Silver Oaks Estates No. 3 in the City of Dubuque, Iowa; and Whereas, upon said final plat appear public streets to be known Fameza Driv e, Elmwood Drive, Anee Court, Ebony Drive, Jovie Court, Abaca Court, Cambria Drive, Acacia Court, And Elda Court (all in Lot A), and Silver Oaks Drive Cul-De-Sac (Lot E), which the owner by said final plat has dedicated to the public forever; and Whereas, upon said final plat appear certain public utility and storm drainage easements, which the owner by said final plat has dedicated to the public forever; and Whereas, upon said final plat appears Lot B and Lot C (storm water detention basins), Lot D (public park), and certain water main, sanitary sewer, storm sewer, storm water impoundment, storm water detention basin embankment, and storm water detention basin access easements, which the owner by said final plat has dedicated to the City of Dubuque forever ; and Whereas, said final plat has been reviewed by the city planner and his approval has been endorsed thereon, subject to the owner’s agreeing to the conditions specified herein; and Whereas, said final plat has been examined by the city council and the city council find the final plat conforms to the applicable statutes and ordinances, except that streets and public utilities have not yet been completely constructed or installed. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the dedication of Fameza Drive, Elmwood Drive, Anee Court, Ebony Drive, Jovie Court, Abaca Court, Cambria Drive, Acacia Court, and Elda Court (All in Lot A), and Silver Oaks Drive Cul-De-Sac (Lot E), and Lot B and Lot C (storm water detention basins), Lot D (public park), together with certain water main, sanitary sewer, storm sewer, storm water im- poundment, storm water detention basin embankment, and storm water detention basin access, as they appear on said final plat, to the City of Dubuque be and the same are hereby accepted; and Section 2. That the final plat of Silver Oaks Estate No. 3 is hereby approved and the mayor and city clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat, provided the owners of said property herein named, execute their written acceptance of the attached conditions and further agree: To reduce Fameza Drive, Elmwood Drive, Anee Court, Ebony Drive, Jovie Court, Abaca Court, Cambria Drive, Acacia Court, and Elda Court (all in Lot A), and Silver Oaks Drive Cul- De-Sac (Lot E) to grade and to construct longitudinal sub-drain, concrete curb and gutter with asphaltic concrete pavement or with Portland Cement concrete pavement with integral curb, and temporary cul-de-sacs, all in accordance with the City of Dubuque standard specifica- tions in a manner acceptable to the City Engineer, in conformance with construction improve- ment plans approved by the City Engineer, and inspected and approved by the City Engineer. To grade Public Park (Lot D) in accordance with the City of Dubuque standard specifica- tions in a manner acceptable to the City Engineer and Leisure Services Manager, in conform- ance with construction improvement plans approved by the City Engineer and inspected and approved by the City Engineer. To install sanitary sewer mains and sewer service laterals into each individual lot, water mains and water service laterals into each individual lot, storm water detention basins, storm sewers and catch basins, boulevard street lighting, fiber optic conduit and vaults, and erosion control devices all in accordance with the City of Dubuque standard specifications in a man- ner acceptable to the City Engineer, and in accordance with construction improvement plan s approved by the City Engineer, and inspected and approved by the City Engineer. a. To construct accessible sidewalk ramps at each intersection and street crossings in accordance with City of Dubuque Standards and Specifications, all in a manner ac- ceptable to the City Engineer, and in accordance with the construction improvement plans approved by the City Engineer and inspected and approved by the City Engineer. b. To construct concrete sidewalk across Lots B, C, and D in accordance with City of Dubuque Standards and Specifications, all in a manner acceptable to the City Engineer, and in accordance with the construction improvement plans approved by the City Engi- neer and inspected and approved by the City Engineer. c. To construct the improvements outlined in (a), (b), (c), (d) and (e), above within two years from the date of acceptance of this resolution, at the sole expense of the owners, or future owner. d. To maintain the improvements outlined in (a), (b), (c), (d) and (e) above for a period of two (2) years from the date of the acceptance of those improvements by the City Council of the City of Dubuque, Iowa, at the sole final expense of the owners, or future owner. e. That access to Silver Oaks Drive is prohibited from Lots 53 thru 55 of Silver Oaks Es- tates No. 3. f. To provide security for the performance of the foregoing conditions specified in this Section in such form and with such sureties as may be acceptable to the City Manager of the City of Dubuque, Iowa. Section 3. That sidewalk installation shall be the responsibility of each lot owner for each lot abutting the public rights-of-way, including lots with multiple frontages, as required by City Code Chapter 10-1-2 (Sidewalk Installation and Repair). Section 4. That the owner must construct and maintain erosion cont rol devices in Silver Oaks Estates No. 3 which control erosion and prevent sediment from leaving the site. The owner shall also be responsible for maintenance of the detention facility located on Lot B and Lot C of Silver Oaks Estates No. 3 until 80% of th e lots in Silver Oaks Estates No. 3, which drain into said detention facility, have been fully developed and adequate erosion control measures, as ap- proved by the City Engineer, have been installed on the remaining 20% of said lots. Until the above 80% of lots are developed, the owner shall provide maintenance of the entire lot and detention facilities on Lot B and Lot C. After 80% of the lots are developed, the City shall provide maintenance of the entire lot and detention facilities on Lot B and C. Maintenance of the Lot B and Lot C shall include keeping the property in a good and safe condition, regular turf mowing, and other customary upkeep for the permitted use. Maintenance of the detention facility in Lot B and Lot C of Silver Oaks Estates No. 3 shall include the removal of sediment and other debris caused by construction activities in Silver Oaks Estate No. 3 and reshaping and reseeding of the disturbed areas. In addition, the owner shall install and maintain a temporary fence around the perimeter of the Lot C storm water impoundment easement area until the above 80% of lots are developed. The intention of this temporary fencing is to prevent filling/cutting/grading or in- stallation of obstructions in the easement area from residential construction acti vities on the adjacent homesites. Prior to acceptance of said detention facility by the City, the Owner shall hire a professional engineer or land surveyor to verify that 80% of the lots have been built on and are stabilized. The professional engineer or land surveyor shall also conduct an as-built survey of the detention basin, outlet structure, and other appurtenances to certify that the facility was constructed per the plans approved by the City Engineer. After said 80% lots are developed; inspection, administration, and maintenance expenses incurred by the City of Dubuque on Lot B and Lot C, including the storm water detention facility, of Silver Oaks Estates No. 3 shall be assessed against the property owners, except the City of Dubuque, in Silver Oaks Estates No. 3, as indicated on the preliminary plats thereof, in equal amounts. The City Manager shall certify such costs to the City Clerk, who in turn shall promptly certify such costs to the Dubuque County Treasurer, and such costs shall then be collect ed with and in the same manner as general property taxes in accordance with provisions of law. Section 5. That the owner must maintain the temporary cul-de-sacs on Elmwood Drive, ex- cept for snow removal and deicing, until such time as the development of the adjacent property begins or owner designs and constructs permanent cul -de-sac improvements to current City Standards and dedicates said improvements and an appropriate right of way to the City. Section 6. That the owner must construct a secondary access roadway with lockable gate, in conformance with construction improvement plans approved by the City Engineer, and in- spected and approved by the City Engineer, over the City’s existing water booster station site on Lot 1 of Silver Oaks from Elda Court to US Highway 151/61. After inspection and acceptance, the City of Dubuque will own and maintain said secondary access roadway thru the water booster station site. Section 7. That Lot F be maintained as private recreational open space in perpet uity. Section 8. That the planting of street trees shall be coordinated with the City’s Urban Forester. Any tree(s) planted within the street right-of-way must be approved by the Urban Forester. The location and species of tree(s) will be approved by the Urban Forester and planted and cared for through establishment by the developer at the developer’s expense. Section 9. That the final acceptance of the public improvements shall only occur upon certification of the City Engineer to the City Council that th e public improvements have been completed in accordance with the approved improvement plans and City standards and speci- fications and accepted by City Council Resolution. Section 10. That in the event Royal Oaks Development Corporation fails to execute the ac- ceptance and furnish the guarantees provided hereof within 180 days after the date of this Res- olution, the provisions hereof shall be null and void and the acceptance of the dedication and approval the plat shall not be effective. Passed, approved, and adopted this 6th day of September 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk ACCEPTANCE OF RESOLUTION NO. 284-22 I, the undersigned, A.J. Spiegel, representing Royal Oaks Development Corporation, having read the terms and conditions of the Resolution No. 284-22 and being familiar with the condi- tions thereof hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 31st day of August 2022. /s/A.J. Spiegel, Royal Oaks Development Corporation 15. Signed Contract(s): Task Order 1 with MSA Professional Services, Inc., for the Briarwood Subdivision Water Connection; First Amendment to Lease Agreement with Hendricks Feed & Seed Co., INC.; HDR Engineering, INC., for the City of Dubuque Waste Diversion Project; James Orr Coating Inspection, LLC for multiple water tank inspections; Origin Design Co. for the Ice Harbor Flood Gate Fender Replacement; Amendment No. 1 with Strand Associates for the Water Treatment Plan and Water Distribution System Supervisory Control and Data Acqui- sition System Upgrade. Upon motion the documents were received and filed. 16. Improvement Contracts / Performance, Payment, and Maintenance Bonds: D&D Con- crete, Inc. for the 2022 Asphalt Overlay Ramp Pro ject Four; Portzen Construction, Inc. for the Comiskey Park - Phase 1 Redevelopment Project. Upon motion the documents were received, filed, and approved. 17. Public Works Department Staffing Change Request: City Manager recommended City Council approval of a full-time Public Works Administrative Assistant (GE-25) which would in- crease the Public Works personnel complement by 1.00 full -time equivalent. Upon motion the documents were received, filed, and approved. 18. Acceptance of Grant of Easement for Sanitary Sewer Utility from IADU Table Mound MHP, LLC, in Dubuque County, as Part of the Sanitary Sewer Improvements - Table Mound System Project: Upon motion the documents were received and filed, and Resolution No. 285- 22 Accepting a Grant of Easement for Sanitary Sewer Utility across parts of Lot 2 of the North Half of the Northeast Quarter, and Lot 43 and Lot 44 of Kerrigan Road Heights, all in Section 12, T88N, R2E, of the 5th PM, Dubuque County Iowa was adopted. RESOLUTION NO. 285-22 ACCEPTING A GRANT OF EASEMENT FOR SANITARY SEWER UTILITY ACROSS PARTS OF LOT 2 OF THE NORTH HALF OF THE NORTHEAST QUARTER, AND LOT 43 AND LOT 44 OF KERRIGAN ROAD HEIGHTS, ALL IN SECTION 12, T88N, R2E, OF THE 5TH PM, DUBUQUE COUNTY IOWA Whereas, IADU TABLE MOUND MHP, LLC, has executed a Grant of Easement for Sanitary Sewer Utility across Part of Lot 2 of the North Half of the Northeast Quarter, and Lot 43 and Lot 44 of Kerrigan Road Heights, all in Section 12, T88N, R2E, of the 5th PM, Dubuque County Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts, and consents to the Grant of Easement for Sanitary Sewer Utility, across the property as listed above, in the City of Dubuque, Iowa from the property owner listed above, a copy of which is attached hereto. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution with said Grant of Easement for Sanitary Sewer Utility in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved, and adopted this 6th day of September 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 19. Acceptance of Grant of Easement for Sanitary Sewer Utility from Table Mound Expan- sion, LLC, in Dubuque County, as Part of the Sanitary Sewer Improvements -Table Mound Sys- tem Project: Upon motion the documents were received and filed, and Resolution No. 286-22 Accepting Grant of Easement for Sanitary Sewer Utility Across parts of Lot 1 of Table Mound Acres, Dubuque County, Iowa was adopted. RESOLUTION NO. 286-22 ACCEPTING GRANT OF EASEMENT FOR SANITARY SEWER UTILITY ACROSS PARTS OF LOT 1 OF TABLE MOUND ACRES, DUBUQUE COUNTY, IOWA Whereas, TABLE MOUND EXPANSION, LLC, has executed a Grant of Easement for Sani- tary Sewer Utility across Part of Lot 1 of Table Mound Acres, Dubuque County, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Grant of Easement for Sanitary Sewer Utility, across the property as listed above, in the City of Dubuque, Iowa from the property owner listed above, a copy of which is attached hereto. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution with said Grant of Easement for Sanitary Sewer Utility in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved, and adopted this 6th day of September 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 20. City Life Brochure: Upon motion the documents were received and filed. 21. Proposed License Agreement between the City of Dubuque and ImOn Communications LLC: Upon motion the documents were received, filed, and approved. 22. Radio Dubuque Fireworks Request 2023: Correspondence from Perry Mason, General Manager for Radio Dubuque, requesting approval for Radio Dubuque and the Dubuque Jaycees to conduct a firework display on Monday, July 3rd, 2023 from 9:00 p.m. to 10:30 p.m. on Volun- teer Road between Hawthorne and Lime in conjunction with the closure of indicated streets and A.Y. McDonald Park as part of a special event request. The rain date is July 4th. Upon motion the documents were received, filed, and approved. 23. Alcohol and Tobacco License Applications: Upon motion the documents were received and filed, and Resolution No. 287-22 Approving applications for beer, liquor, and/or wine per- mits, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regu- lations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits and Resolution No. 288-22 Approving applications for retail cigarette/tobacco sales/nicotine/vapor permits, as required by Iowa Code Chapter 453A.47A were adopted. RESOLUTION NO. 287-22 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: Renewals Chipotle Mexican Grill 3450 Dodge St., Suite 101 Denny's Lux Club 3050 Asbury Rd. Eagle Country Market 1800 Elm St. Fat Tuesday's 1121 University Ave. Fiesta Cancun Mexican Restaurant 2515-1 NW Arterial Grand River Center 500 Bell St. Grand Tap The 802 Central Ave. Hy-Vee 1 Clubroom 3500 Dodge St. Clubroom Area The Copper Kettle Inc. 2987 Jackson St. Wal-Mart Supercenter 2004 4200 Dodge St. Special Event(s) per Special Event Application Submittal Skinny Maginny's 9-9-22 to 9-13-22 Parking lot next to 345 Main St. Passed, approved, and adopted this 6th day of September 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 288-22 APPROVING APPLICATIONS FOR RETAIL CIGARETTE / TOBACCO SALES / NICOTINE / VAPOR PERMITS, AS REQUIRED BY IOWA CODE 453A.47A Whereas, applications for Cigarette/Tobacco Sales have been submitted and filed with the City Council for approval, and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and f ound to comply with the Ordinances of the City and the applicants have filed the proper fees and other- wise 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 following named applicants and locations for cigarette/tobacco sales permit. Business Name Business Address The Sage Room 30 South Main St. Passed, approved, and adopted this 6th day of September 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk BOARDS/COMMISSIONS Appointments were made to the following boards/commissions. Airport Commission: Two, 4-Year terms through September 14, 2026 (Expiring terms of Blocker and Philips). Applicants: Robert Blocker, 880 Kane St. Michael Phillips, 955 Washington St. This commission is subject to the State of Iowa Gender Balance Law. 5 Commissioners total; Currently 1 male / 2 females / 2 openings . Motion by Jones to appoint Mr. Blocker and Mr. Phillips to the two respective four-year terms through September 14, 2026. Seconded by Rous- sell. Motion carried 7-0. Zoning Advisory Commission: One, 3-Year term through July 1, 2024 (Vacant term of Sweet). Applicant: Ryan Sempf, 7819 Commerce Park. This commission is subject to the State of Iowa Gender Balance Law. 7 Commissioners total; Currently 3 males / 3 females / 1 opening . Motion by Roussell to appoint Mr. Sempf to the three-year term through July 1, 2024. Seconded by Sprank. Motion carried 7-0. PUBLIC HEARINGS 1. Resolution of Adoption for the Amendment of the Dubuque Industrial Center Economic Development District Urban Renewal Plan, Version 2022.2: Motion by Jones to receive and file the documents and adopt Resolution No. 289-22 Approving the Amended and Restated Urban Renewal Plan, Version 2022.2, for the Dubuque Industrial Center Economic Development Dis- trict. Seconded by Farber. Motion carried 7-0. RESOLUTION NO. 289-22 APPROVING THE AMENDED AND RESTATED URBAN RENEWAL PLAN, VERSION 2022.2, FOR THE DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DIS- TRICT Whereas, by Resolution 253-22 on July 18, 2022 the City Council of the City of Dubuque, Iowa authorized the preparation of an Amended and Restated Urban Renewal Plan (the “Amended and Restated Urban Renewal Plan” or “Plan”) for the Dubuque Industrial Center Eco- nomic Development District (the "District"); and Whereas, the Amended and Restated Urban Renewal Plan for the District, Version 2022.2, is on file in the City Clerk's Office; and Whereas, the City Council’s primary objective for the Amended and Restated Urban Renewal Plan for the District is to remove certain property described in the Amended and Restated Urban Renewal Plan from the District to provide opportunities which will further economic development purposes and objectives as described in the Plan; and Whereas, a consultation process has been undertaken with affecte d taxing entities in accord- ance with Chapter 403 of the Code of Iowa and no written objections or recommended changes to the Plan have been received; and Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has held a public hearing on the Amended and Restated Urban Renewal Plan after public notice thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District, Version 2022.2, is hereby approved. Section 2. That a feasible method exists for the location of any families who will be displaced from the District, as amended, into decent, safe, and sanitary dwelling accommodations within their means and without undue hardship to such families; and that the Amended and Restated Plan conforms to the general plan of the City as a whole. With respect to any real property in the District acquired by the City in connection with the land and proje cts included in the Plan, non-residential use is expected and with reference to those portions thereof which are to be developed for non-residential uses, such non-residential uses are necessary and appropriate to facilitate the proper growth and development of the City in accordance with sound planning standards and local community objectives. Section 3. That the District, as amended, continues to be an area for economic development (commercial and industrial) within the meaning of Iowa Code Chapter 403; t hat such area is eligible for designation as an urban renewal area and otherwise meets all requisites under the provisions of Iowa Code Chapter 403; and that the rehabilitation, conservation, redevelopment, development, or a combination thereof, of such ar ea is necessary in the interest of the public health, safety or welfare of the residents of this City. Section 4. That, notwithstanding any resolution, ordinance, plan, amendment, or any other document, the Amended and Restated Plan shall be in full force and effect from the date of this Resolution until the Council amends or repeals the Plan. Section 5. That the City Clerk of the City of Dubuque, Iowa is hereby authorized and directed to file a certified copy of this Resolution in the office of the Dubuque County Auditor. Passed, approved, and adopted this 6th day of September, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Resolution of Adoption for the Amendment of the Dubuque Industrial Center Economic Development District Urban Renewal Plan, Version 2022.3 : Motion by Roussell to receive and file the documents and adopt Resolution No. 290-22 Approving the Amended and Restated Urban Renewal Plan, Version 2022.3, for the Dubuque Industrial Center Economic Develop- ment District. Seconded by Sprank. Motion carried 7-0. RESOLUTION NO. 290-22 APPROVING THE AMENDED AND RESTATED URBAN RENEWAL PLAN, VERSION 2022.3, FOR THE DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DIS- TRICT Whereas, by Resolution 254-22 on July 18, 2022 the City Council of the City of Dubuque, Iowa authorized the preparation of an Amended and Restated Urban Renewal Plan (the “Amended and Restated Urban Renewal Plan” or “Plan”) for the Dubuque Industrial Center Eco- nomic Development District (the "District"); and Whereas, the Amended and Restated Urban Renewal Plan for the District, Version 2022.3, is on file in the City Clerk's Office; and Whereas, the City Council’s primary objective for the Amended and Restated Urban Renewal Plan for the District is to expand the District by adding Subarea R described in the Amended and Restated Urban Renewal Plan to provide opportunities which will further economic devel- opment purposes and objectives as described in the Plan; and Whereas, a consultation process has been undertaken with affected taxing entities in accord- ance with Chapter 403 of the Code of Iowa and no written objections or recommended changes to the Plan have been received; and Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has held a public hearing on the Amended and Restated Urban Renewal Plan after public notice thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District, Version 2022.3, is hereby approved. Section 2. That a feasible method exists for the location of any families who will be displaced from the District, as amended, into decent, safe, and sanitary dwelling accommodations within their means and without undue hardship to such families; and that the Amended and Restated Plan conforms to the general plan of the City as a whole. With respect to any real property in the District acquired by the City in connection with the land and projects included in the Plan, non-residential use is expected and with reference to those portions thereof which are to be developed for non-residential uses, such non-residential uses are necessary and appropriate to facilitate the proper growth and development of the City in accordance with sound planning standards and local community objectives. Section 3. That the District, as amended, continues to be an area for economic development (commercial and industrial) within the meaning of Iowa Code Chapter 403; that such area is eligible for designation as an urban renewal area and otherwise meets all requisites under the provisions of Iowa Code Chapter 403; and that the rehabilitation, conservation, redevelopment, development, or a combination thereof, of such area is necessary in the interest of the public health, safety or welfare of the residents of this City. Section 4. That, notwithstanding any resolution, ordinance, plan, amendment, or any other document, the Amended and Restated Plan shall be in full force and effect from the date of this Resolution until the Council amends or repeals the Plan. Section 5. That the City Clerk of the City of Dubuque, Iowa is hereby authorized and directed to file a certified copy of this Resolution in the office of the Dubuque County Auditor. Passed, approved, and adopted this 6th day of September, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 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 Econom ic 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 3. Carnegie-Stout Library – Roofs 1 & 2 Restoration Project Public Hearing: Motion by Jones to receive and file the documents and adopt Resolution No. 291-22 Approval of plans, specifi- cations, form of contract, and estimated cost for the Carnegie-Stout Roofs 1 & 2 Restoration Project. Seconded by Farber. Motion carried 7-0. RESOLUTION NO. 291-22 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE CARNEGIE-STOUT ROOFS 1 & 2 RESTORATION PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Carnegie- Stout Roofs 1 & 2 Restoration Project, in the estimated cost amount of $130,500.00, are hereby approved. Passed, adopted, and approved this this 6th day of September 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk PUBLIC INPUT Lynn Sutton, 859 Air Hill; Jeff Lenhart, 1085 Main St.; Rick Mihm, 398 Main St., Nino Erba, 180 W. 15th St.; and Tom LoGuidice, 786 Stone Ridge Place, spoke in opposition to Action Item No. 6, respectively, and requested that City Council table the item. City Clerk Breitfelder reported that written input was received from Gail Weitz, 1630 Lori Ct.; Luis Del Toro, 901 Gilliam St.; Heather LuGrain, 1111 Bluff St.; and Erica Haugen, 165 5 S. Grandview, in opposition to Action Item No. 6. ACTION ITEMS 1. Greater Dubuque Development Corporation - Quarterly Update: Motion by Jones to receive and file the documents and listen to the presentation. Seconded by Roussell. President and CEO Rick Dickinson presented the quarterly update on the activities of the Greater Dubuque Development Corporation and responded to questions from the City Council. Motion carried 7 - 0. 2. Housing Creation Incentives Staff Recommendations: Motion by Jones to receive and file the documents and adopt Resolution No. 292-22 Authorizing the City Manager to offer and amend Housing Development Incentives. Seconded by Farber. Housing and Community Devel- opment Director Alexis Steger made a presentation. Ms. Steger and City Manager Van Milligen responded to questions from the City Council regarding additional incentive opportunities and communications with city partners. Motion carried 6-0 with Council Member Resnick unable to vote due to technical difficulties. RESOLUTION NO. 292-22 AUTHORIZING THE CITY MANAGER TO OFFER AND AMEND HOUSING DEVELOPMENT INCENTIVES Whereas, the City Manager is the authorized negotiator of development agreements and in- centive packages on behalf of the City of Dubuque; and Whereas, the City Council has a 2027 goal of Livable Neighborhoods and Housing: Great Place to Live; and Whereas, the City Council has made Housing Incentive Policy: Review and Direction a High Priority for 2022 – 2024; and Whereas, staff has created a framework for a Housing Incentive Policy and presented on the framework to the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The City Manager is authorized to develop and offer housing development incen- tives. Section 2. The City Manager is authorized to amend the conditions and incentives as needed to fit projects as best possible and in a flexible manner. Passed, approved, and adopted this 6th day of September, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Amending Tax Increment Ordinance 21-22 for the Dubuque Industrial Center Economic Development District, as amended by Version 2022.2 of the Amended and Restated Plan: Mo- tion by Jones to receive and file the documents and that the requirement that a proposed ordi- nance 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. Council Member Resnick contin- ued to experience audio issues and requested to vote via GoToMeeting chat, then Assistant City Manager Cori Burbach would announce his vote. City Attorney Brumwell confirmed that process was acceptable. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 27-22 Amending Or- dinance No. 21-22, previously amended, providing that General Property Taxes levied and col- lected each year on all property located within the Amended and Restated Dubuque Industrial Center Economic Development District Urban Renewal Area of the City of Dubuque, County of Dubuque, State of Iowa, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with the Amended and Restated Dubuque Industrial Center Economic Development District Urban Renewal Re- development Project by removing a portion of Subarea C from the division of revenues. Se- conded by Sprank. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 27-22 AMENDING ORDINANCE NO. 21-22, PREVIOUSLY AMENDED, PROVIDING THAT GEN- ERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE AMENDED AND RESTATED DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT URBAN RENEWAL AREA OF THE CITY OF 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 IN- DEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNECTION WITH THE AMENDED AND RESTATED DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT URBAN RENEWAL REDEVELOPMENT PROJECT BY REMOVING A PORTION OF SUBAREA C FROM THE DIVISION OF REVE- NUES 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, and by Resolution 289-22 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 di vision of taxes pursuant to Section 403.19 of the Code of Iowa within the District in Ordinance No. 26 -88 passed and approved on May 2, 1988 and thereafter amended and restated by Ordinance No. 63-88 on December 5, 1988, by Ordinance No. 66-97 on November 17, 1997, by Ordinance No. 70-08 on October 20, 2008, by Ordinance No. 10 -14 on February 3, 2014, by Ordinance No. 39-15 on June 1, 2015, by Ordinance No. 55 -15 on September 8, 2015, by Ordinance No. 49 - 16 on September 19, 2016, Ordinance 18-18 on May 21, 2018, by Ordinance 45-18 on 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, and by Ordinance 21-22 on May 16, 2022; and Whereas, indebtedness has been incurred by the City, and additional indebtedness is antic- 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 21-22 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 O rdinance 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 located within the area legally described as follows: Lot 1 of Dubuque Industrial Center North Second Addition; and Lot 2 of Dubuque Industrial Center North First Addition; and Lot 3 of Dubuque Industrial Center North First Addition, excepting the following part of said Lot 3: Part 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 Center North First Addition in the City of Dubuque, Dubuque County, Iowa, described as follows: Commenc- ing at the southeast corner of said Lot 3; thence N00°36’04”W, 364.16 feet along the eas t 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, 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 outside 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.; and Lot C of Dubuque Industrial Center North First Addition, excepting the following part of said Lot C: 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 sec- onds 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 Begin- ning, said part of Lot C contains 6.59 acres, more or less; and Lot 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 Suba rea K and those lots and parcels in- cluded in Subarea O. (d) Subarea D means that portion of the City of Dubuque, Iowa described as Subarea D in the Amended and Restated Urban Renewal Plan for the District approved by Resolution No. 109-08 on April 7, 2008, which Subarea D includes the lots and parcels located within the area legally described as follows: Lots 1, 2, and B and all of the right of way of Chavenelle Court in Dubuque Industrial Center West 8th Addition in the City of Dubuque, Dubuque County, Iow a. (e) Subarea E means that portion of the City of Dubuque, Iowa described as Subarea E in the Amended and Restated Urban Renewal Plan for the District approved by Resolution No. 87-11 on March 7, 2011, which Subarea E includes the lots and parcels located within the area legally described as follows: All of Lot 1 of 1 and Lot 1 of 2 of the South Fork Subdivision No. 1 as originally platted, including any adjoining public street right-of-way to said lots, all in the City of Dubuque, Dubuque County, Iowa, and; All of Seippel Road right of way from the north boundary line of Lot 1 of 1 of South Fork Subdivision No. 1 in the City of Dubuque, to the south boundary lines of Lot H of Dubuque Industrial Center West and Lot 1 of Dubuque Industrial Center West 2nd Ad dition 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 rec- orded plat thereof; Lot 1 of Lot 1 of Lot 1 of Lot 1 of West One -half of Northeast One-quarter, Section 25, Township 89 North, Range 1 East of the 5th Principal Meridian, in Center Township, Dubu- que County, Iowa; Lot 2 in “W.A. Norman Place" in Section 25, Center Township, Dubuque County, Iowa, according to the plat thereof; and The NW 1/4 of the SE 1/4 of Section 25, Township 89 North, Range 1 East of the 5th P.M., in Center Township, Dubuque County, Iowa. (g) Subarea G means that portion of the City of Dubuque, Iowa, and Dubuque County described as Subarea G in the Amended and Restated Urban Renewal Plan for the District approved by Resolution No. 309-15 on September 8, 2015, which Subarea G includes the lots and parcels located within the area legally described as follows: The South one-half of the Northwest Quarter of Section 29, Township 89 North, Range 2 East of the 5th Principal Meridian, in the City of Dubuque, Iowa. Lot 1 of Lot 1 of the Northwest Quarter of the Northwest Quarter of Section 29, Township 89 North, Range 2 East of the 5th Principal Meridian, in the City of Dubuque, Iowa. Lot 2 of McFadden Farm Place #2, in the City of Dubuque, Iowa. Lot 2 of McFadden Farm Place, in the City of Dubuque, Iowa. Lot A of Lot 1 of 1 of the Southwest Quarter of the Southwest Quarter of Section 29, Township 89 North, Range 2 East of the 5th Principal Meridian, in the City of Dubuque, Iowa. Lot A of Lot 1 of 1 of the Northwest Quarter of the Southwest Quarter of Section 29, Township 89 North, Range 2 East of the 5th Principal Meridian, in the City of Dubuque, Iowa. 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 ap- proved 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 de- scribed 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 Resolution 380-18 on December 17, 2018, which Subarea M includes the lots and parcels located within the area legally described as follows: Lot 2 of the Subdivision of Lot 2 of the Northeast 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 w ithin the area legally described as follows: Lot 1 of Dubuque Industrial Center North First Addition, in the City of Dubuque, Iowa; and All of the street right of way of Innovation Drive adjacent to Lot 1 of Dubuque Industrial Center North First Addition, in the City of Dubuque, Iowa. All in the City of Dubuque, Iowa (o) Subarea O means that portion of the City of Dubuque, Iowa removed from Subarea C and now described as Subarea O in the Amended and Restated Urban Renewal Plan for the District approved by Resolution 324-21 on September 20, 2021, which Subarea O includes the lots and parcels located within the area legally described as follows: Lot 2 of Dubuque Industrial Center North Third Addition, in the City of Dubuque, Iowa; and A Part of Lot C in Dubuque Industrial Center North First Addition in the City of Dubuque, Iowa, being more particularly described as follows: Commencing at the northwest corner of Lot 1 in Dubuque Industrial Center North Sec- ond 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 Dubu- que, 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 Be- ginning, 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 -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 So utheast 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, To wnship 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 Dubu- que County Recorder’s Office, and excepting therefro m that land acquired for highway right of way by the Iowa Department of Transportation 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 Dubu- que, State of Iowa, containing 0.62 acres and as shown and described in the Warranty Deed filed as Instrument Number 2011-00011776 in the Dubuque County Recorder’s Of- fice; and All 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 Dubu- que, 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 Of- fice, and All that land acquired for highway right of way by the Iowa Department of Transportation 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 warranty 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 Transportation known as Lot A of Lot 2 of the Southwest 1/4 of the Northwest 1/4, all in Section 13, Town- ship 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 Trans- portation known as Lot A of Lot 2 of 3 of Archdiocese Place N o. 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 Northeast 1/4 of the North- east 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 instru- ment 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 description) 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 north- westerly 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 lot 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 southeast 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, 258.32 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 northwesterly line, 100.25 feet; thence north 31°16'30" east 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 north- west 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 northeast 1/4 of the northeast 1/4, a distance of 200.90 feet; thence north 01°11'53" west on said westerly and southwesterly line, 284.09 feet; thence north 51°36'20" west on said westerly and south- westerly line, 173.35 feet; thence south 73°41'30" east a distance 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 nort heast 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 North, 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 Quarter of Section 2, Town- ship 88 North, Range 2 East, the Northwest, Northeast, and Southeast Quarters of Section 11, Township 88 North, Range 2 East, and the Northeast 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 centerline, 1004.09 feet; thence Easterly along the cen- terline 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 southerly, having a long chord of South 79°50’32” East, 860.88 feet; thence South 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 Southeast- erly 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 . Highway 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 South- westerly, having a long chord of South 65°37’33” East, 1,413.95 feet; thence So uth 63°51’52” East along said centerline of U. S. Highway 52, 947.44 feet; thence Southeast- erly 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 bein g concave South- westerly, having a long chord of South 42°14’42” East, 7,442.46 feet; thence South 12°29’54” East along said centerline of U. S. Highway 52, 750.54 feet; thence Southeast- erly 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 Northeasterly, 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 rec- orded 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 Resolution 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) Amended Project Area means that portion of the City of Dubuque, Iowa and Dubuque County included within the Original Project Area, Subarea C, Subarea D, Subarea E, Subarea F, Subarea G, Subarea H, Subarea I, Subarea J, Subarea K, Subarea L, Subarea M, Subarea N, Subarea O, Subarea P, and Subarea Q each as described in this Section. Section 2: The taxes levied on the taxable property in the Amended Project Area, and each subarea thereof, legally described in Section 1 hereof, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and all other taxing districts from and after the effective date of this Ordinance shall be divided as hereinafter in this Ordinance provided. Section 3: As to the Original Project Area, that portion of the taxes which would be produced by the rate at which the tax is levied each year by or for each of the taxing districts taxing 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 p aid. 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 Ordi- nance 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 this Ordinance 27 -22), base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2007, being the assessment roll applicable to property in such subarea as of January 1 of the calendar year preceding the effective date of Ordinance No. 70-08, and base values shall be reduced due to the removal of area from Subarea C. As to Subarea D, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2007, being the as- sessment 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 asse ssment roll as of January 1, 2013, being the as- sessment 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 m anner using the total assessed value shown on the assessment roll as of January 1, 2014, being the as- sessment 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 as- sessment 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 as- sessment 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 as- sessment roll applicable to property in such subarea as of January 1 of the calendar year preceding the effective date of Ordinance No. 49-16. As to Subarea J, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2015, being the as- sessment 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 as- sessment 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 as- sessment roll applicable to property in such subarea as of January 1 of the calendar ye ar preceding the effective date of Ordinance No. 45-18. As to Subarea M, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2017, being the as- sessment 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 as- sessment 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 Ordi- nance 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, 2022, being the as- sessment roll applicable to property in such subarea as of January 1 of the calendar year preceding the effective date of Ordinance No. 21-22. 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 inst ructional support program of a school district imposed pursuant to Section 257.19 (but in each case only to the extent required under Section 403.19(2)), taxes for the payment of bonds and interest of each taxing district, and taxes imposed under Section 346.77 (22) related to joint county-city buildings, shall be collected against all taxable property within the Amended Project Area without any limitation as hereinabove provided. Section 5: Unless or until the total assessed valuation of the taxable property in the subareas of the Amended Project Area exceeds the total assessed value of the taxable property in said subareas shown by the assessment rolls referred to in Section 3 of this Ordinance, all of the taxes levied and collected upon the taxable property in the Amended Project Area shall be paid into the funds for the respective taxing districts as taxes by or for the taxing districts in the same manner as all other property taxes. Section 6: At such time as the loans, monies advanced, bonds and intere st 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 Project Area shall be paid into the funds for the respective taxing districts in the same manner as taxes on all other property. Section 7: All ordinances or parts of ordinances in conflict with the provisions of this 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. 27-22. In the event that any provision of this Ordinance shall be determined to be contrary to law it shall not affect other provisions or application of this Ordinance which shall at all times be construed to fully invoke the provisions of Section 403.19 of the Code of Iowa with reference to the Amended Project Area and the subareas contained therein. Section 8: This Ordinance shall be in effect after its final passage, approval and publication as provided by law. Passed and approved this 6th day of September, 2022. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 9th day of September, 2022. /s/Adrienne N. Breitfelder, City Clerk 4. Amending Tax Increment Ordinance for the Dubuque Industrial Center Economic Development District, as amended by Version 2022.3 of the Amended and Restated Plan : Mo- tion 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. 28-22 Amending Ordinance No. 27-22, previously amended, providing that General Property Taxes levied and collected each year on all property located within the Amended and Restated Dubuque Industrial Center Economic Development District Urban Renewal Area of the City of Dubuque, County of Dubuque, State of Iowa, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with the Amended and Restated Dubuque Industrial Center Economic Development District Urban Renewal Re- development Project by adding Subarea R to the division of revenues . Seconded by Farber. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 28-22 AMENDING ORDINANCE NO. 27-22, PREVIOUSLY AMENDED, PROVIDING THAT GEN- ERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE AMENDED AND RESTATED DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT URBAN RENEWAL AREA OF THE CITY OF 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 IN- DEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNECTION WITH THE AMENDED AND RESTATED DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT URBAN RENEWAL REDEVELOPMENT PROJECT BY ADDING SUBAREA 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 amended and restated by Ordinance No. 63-88 on December 5, 1988, by Ordinance No. 66-97 on November 17, 1997, by Ordinance No. 70-08 on October 20, 2008, by Ordinance No. 10 -14 on February 3, 2014, by Ordinance No. 39-15 on June 1, 2015, by Ordinance No. 55 -15 on September 8, 2015, by Ordinance No. 49 - 16 on September 19, 2016, Ordinance 18-18 on May 21, 2018, by Ordinance 45-18 on December 17, 2018, by Ordinance 15-21 and Ordinance 16-21 on April 19, 2021, by Ordinance 22-21 on June 7, 2021, by Ordinance 31 -21 and Ordinance 32-21 on September 20, 2021, by Ordinance 37-21 on November 1, 2022, by Ordinance 21-22 on May 16, 2022, and by Ordinance 27-22 on September 6, 2022; and Whereas, indebtedness has been incurred by the City, and additional indebtedness is antic- 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 27-22 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. 29-22 on September 6, 2022, which Subarea C includes the lots and parcels located within the area legally described as follows: Lots 1 and 2 of Dubuque Industrial Center North Second Addition; 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 included 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 Resolu- tion No. 87-11 on March 7, 2011, which Subarea E includes the lots and parcels located within the area legally described as follows: All of Lot 1 of 1 and Lot 1 of 2 of the South Fork Subdivision No. 1 as originally platted, including any adjoining public street right-of-way to said lots, all in the City of Dubuque, Dubuque County, Iowa, and; All of Seippel Road right of way from the north boundary line of Lot 1 of 1 of South Fork Subdivision No. 1 in the City of Dubuque, to the south boundary lines of Lot H of Dubuque Industrial Center West and Lot 1 of Dubuque Industrial Center West 2nd Addition in the City of Dubuque, Dubuque County, Iowa, including crossings at the intersections of Old Highway Road and Chicago Central & Pacific Railroad rights -of-way. (f) Subarea F means that portion of the City of Dubuque, Iowa, and Dubuque County 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 rec- orded plat thereof; Lot 1 of Lot 1 of Lot 1 of Lot 1 of West One -half of Northeast One-quarter, Section 25, Township 89 North, Range 1 East of the 5th Principal Meridian, in Center Township, Dubu- que County, Iowa; Lot 2 in “W.A. Norman Place" in Section 25, Center Township, Dubuque County, Iowa, according to the plat thereof; and The NW 1/4 of the SE 1/4 of Section 25, Township 89 North, Range 1 East of the 5th P.M., in Center Township, Dubuque County, Iowa. (g) Subarea G means that portion of the City of Dubuque, Iowa, and Dubuque County described as Subarea G in the Amended and Restated Urban Renewal Plan for the District approved by Resolution No. 309-15 on September 8, 2015, which Subarea G includes the lots and parcels located within the area legally described as follows: The South one-half of the Northwest Quarter of Section 29, Township 89 North, Range 2 East of the 5th Principal Meridian, in the City of Dubuque, Iowa. Lot 1 of Lot 1 of the Northwest Quarter of the Northwest Quarter of Section 29, Township 89 North, Range 2 East of the 5th Principal Meridian, in the City of Dubuque, Iowa. Lot 2 of McFadden Farm Place #2, in the City of Dubuque, Iowa. Lot 2 of McFadden Farm Place, in the City of Dubuque, Iowa. Lot A of Lot 1 of 1 of the Southwest Quarter of the Southwest Quarter of Section 29, Township 89 North, Range 2 East of the 5th Principal Meridian, in the City of Dubuque, Iowa. Lot A of Lot 1 of 1 of the Northwest Quarter of the Southwest Quarter of Section 29, Township 89 North, Range 2 East of the 5th Principal Meridian, in the City of Dubuque, Iowa. 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 ap- proved 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 Amen ded 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 de- scribed 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 Nor th, Range 2 East of the 5th P.M. all in the City of Dubuque, Dubuque County, Iowa. (m) Subarea M means that portion of the City of Dubuque, Iowa described as Subarea M in the Amended and Restated Urban Renewal Plan for the District approved by Resolution 380-18 on December 17, 2018, which Subarea M includes the lots and parcels located within the area legally described as follows: Lot 2 of the Subdivision of Lot 2 of the Northeast 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 Industrial Center North First Addition, in the City of Dubuque, Iowa. All in the City of Dubuque, Iowa (o) Subarea O means that portion of the City of Dubuque, Iowa removed from Subarea C and now described as Subarea O in the Amended and Restated Urban Renewal Plan for the District approved by Resolution 324-21 on September 20, 2021, which Subarea O includes the lots and parcels located within the area legally described as follows: Lot 2 of Dubuque Industrial Center North Third Addition, in th e City of Dubuque, Iowa; and A Part of Lot C in Dubuque Industrial Center North First Addition in the City of Dubuque, Iowa, being more particularly described as follows: Commencing at the northwest corner of Lot 1 in Dubuque Industrial Center North Sec- ond 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 Dubu- que, 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 Be- ginning, 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 -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 Dubu- que County Recorder’s Office, and excepting therefrom that land acquired for highway right of way by the Iowa Department of Transportation 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 Dubu- que, State of Iowa, containing 0.62 acres and as shown and described in the Warranty Deed filed as Instrument Number 2011-00011776 in the Dubuque County Recorder’s Of- fice; and All 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 Dubu- que, 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 Of- fice, and All that land acquired for highway right of way by the Iowa Department of Transportation 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 warranty 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 Transportation known as Lot A of Lot 2 of the Southwest 1/4 of the Northwest 1/4, all in Section 13, Town- ship 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 Trans- portation 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 Northeast 1/4 of the North- east 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 instru- ment 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 description) 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 north- westerly right-of-way line of U.S. highway 61, being the point of beg inning of the area herein described; thence continuing south 87°30'08" west on said south line, also being the south line of said lot 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 southeast 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, 258.32 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 northwesterly line, 100.25 feet; thence north 31°16'30" east 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 northeast 1/4 of the northeast 1/4, a distance of 200.90 feet; thence north 01°11'53" west on said west- erly and southwesterly line, 284.09 feet; thence north 51°36'20" west on said westerl y and southwesterly line, 173.35 feet; thence south 73°41'30" east a distance 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 lo t 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 North, 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 Quarter of Section 2, Town- ship 88 North, Range 2 East, the Northwest, Northeast, and Southeast Quarters of Section 11, Township 88 North, Range 2 East, and the Northeast 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 centerline, 1004.09 feet; thence Easterly along the cen- terline 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 southerly, having a long chord of South 79°50’32” East, 860.88 feet; thence South 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 North- easterly, 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 Southeast- erly 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 sai d centerline of U. S. Highway 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 South- westerly, 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 Southeast- erly 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, hav ing 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 South- westerly, having a long chord of South 42°14’42” East, 7,442.46 feet; thence South 12°29’54” East along said centerline of U. S. Highway 52, 750.54 feet; thence Southeast- erly 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 Northeasterly, 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 rec- orded 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 Resolution 197-22 on May 16, 2022, which Subarea Q includes the lots and parcels located wit hin 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 Dubu- que, Dubuque County, Iowa, Except Lot ‘A’ of Lot 3 in Dubuque Industrial Center North First Addition in the City of Dubuque, Dubuque County, Iowa, described as follows: Com- mencing 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, 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 outside 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, Io wa and Dubuque County included within the Original Project Area, Subarea C, Subarea D, Subarea E, Subarea F, Subarea G, Subarea H, Subarea I, Subarea J, Subarea K, Subarea L, Subarea M, Subarea N, Subarea O, Subarea P, Subarea Q, and Subarea R each as described in this Section. Section 2: The taxes levied on the taxable property in the Amended Project Area, and each subarea thereof, legally described in Section 1 hereof, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and all other taxing districts from and after the effective date of this Ordinance shall be divided as hereinafter in this Ordinance provided. Section 3: As to the Original Project Area, that portion of the taxes which would be produced by the rate at which the tax is levied each year by or for each of the taxing districts taxing 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 Ordi- nance 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 27-22, 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 assess- ment roll applicable to property in such subarea as of January 1 of the calendar year pre- ceding the effective date of Ordinance No. 70-08, and base values shall be reduced due to the removal of area from Subarea C. As to Subarea D, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2007, being the as- sessment 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 as- sessment 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 as- sessment 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 as- sessment 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 as- sessment 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 as- sessment roll applicable to property in such subarea as of January 1 of the calendar year preceding the effective date of Ordinance No. 49-16. As to Subarea J, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2015, being the as- sessment 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 as- sessment 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 as- sessment roll applicable to property in such subarea as of January 1 of the calendar year preceding the effective date of Ordinance No. 45-18. As to Subarea M, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2017, being the as- sessment 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 ma nner using the total assessed value shown on the assessment roll as of January 1, 2020, being the as- sessment 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 as- sessment 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 Ordi- nance 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, 2022, being the as- sessment 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 sam e manner using the total assessed value shown on the assessment roll as of January 1, 2022, being the as- sessment roll applicable to property in such subarea as of January 1 of the calendar year preceding the effective date of this Ordinance No. 27 -22. 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 t ax 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 S ection 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 Ordinance, all of the taxes levied and collected upon the taxable property in the Amended Project Area shall be paid into the funds for the respective taxing districts as taxes by or for the taxing districts in the same manner as all other property taxes. Section 6: At such time as the loans, monies advanced, bonds and interest thereon and 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 Project Area shall be paid into the funds for the respective taxing districts in the same manner as taxes on all other property. Section 7: All ordinances or parts of ordinances in conflict wit h 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. 27-22. In the event that any provision of this Ordinance shall be determined to be contrary to law it shall not affect other provisions or application of this Ordinance which shall at all times be construed to fully invoke the provisions of Section 403.19 of the Code of Iowa with reference to the Amended Project Area and the subareas contained therein. Section 8: This Ordinance shall be in effect after its final passage, approval and publication as provided by law. Passed and approved this 6th day of September, 2022. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 9th day of September, 2022. /s/Adrienne N. Breitfelder, City Clerk 5. Fiscal Year 2023 Arts & Culture Operating Support Grant Funding Recommendation: Mo- tion by Jones to receive and file the documents and approve the recommendation. Seconded by Sprank. Motion carried 7-0. 6. Recommended Updates in Enforcement Regarding Unhoused Residents: Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be con- sidered 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. Assistant City Manager Burbach and Housing and Community Development Director Steger made a presentation. Responding to questions from the City Council, City Manager Van Milligen stated that the Dubuque County Police De- partment’s social worker is solely responsible for brain health calls. City Manager Van Milligen further stated that additional staff may be provided to network partners for the proposed second responder model, rather than additional city staff. Ms. Steger stated that a homeless coalition consisting of the city and network partners meets to discuss topics on homelessness , and that coalition would provide input on the current homeless situation and enforcement mechanisms. Assistant City Manager Burbach stated that city departments viewed these proposed code up- dates as an internal conversation to clean up code language , but that staff can improve com- munications with network partners on these types of changes going forward. City Attorney Brum- well stated that the inoperable vehicle ordinance addresses situations beyond homelessness, and that updating that ordinance will give police officers more effective enforcement tools. As- sistant Police Chief Joe Messerich summarized the process for police engagement with the homeless population, stating that police officers will first try to connect individuals with resources and that issuing citations is a last resort. City Council Members requested an update in three months on enforcement of the ordinances. Motion carried 6-1 with Council Member Wethal vot- ing opposed. Motion by Jones for final consideration and passage of Ordinance No. 29-22 Amending City of Dubuque Code of Ordinances Title 10 Public Ways and Property, Chapter 1 Streets, Side- walks and Other Public Places and Ordinance No. 30-22 Amending City of Dubuque Code of Ordinances Title 7 Police, Fire and Public Safety, Chapter 5 Offenses, Article A General Of- fenses. Seconded by Farber. Motion carried 6-1 with Council Member Wethal voting opposed. OFFICIAL PUBLICATION ORDINANCE NO. 29-22 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 10 PUBLIC WAYS AND PROPERTY, CHAPTER 1 STREETS, SIDEWALKS AND OTHER PUBLIC PLACES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. Title 10, Chapter 1 of the City of Dubuque Code of Ordinances is amended by adding the following section: 10-1-11: UNUSED AND INOPERABLE VEHICLES: A. PURPOSE. The purpose of this article is to: 1. Promote and protect the health, safety, and general welfare of the residents and property owners in the City of Dubuque. 2. Protect property values and the health, safety, and general welfare of the residents of the City of Dubuque by limiting the use of the public right-of-way for the storage of unused vehicles, inoperable vehicles, unused motor vehicles, and inoperable motor ve- hicles. 3. Protect the City of Dubuque’s natural resources. 4. Promote the fair and equitable use of the public rights-of-way within the City of Dubuque. B. DEFINITIONS. The following terms when used in this article shall have the following meanings: 1. “Unused vehicle,” “unused motor vehicle,” “inoperable vehicle” and “inoperable motor vehicle” is any vehicle to which any one or more of the following criteria applies: a. Unlicensed. Any vehicle which is required to be registered under the laws of the State of Iowa that is not registered for the current year. b. Inoperable. Any vehicle not in a safe and current operating condition such that, upon request of a City of Dubuque police officer or nuisance enforcement officer, the vehicle cannot be started and moved a distance of at least 50 feet. c. Uninsured. Any vehicle which lacks financial liability coverage, or for which the owner does not possess and produce proof of financial liability coverage, as required under Iowa Code § 321.20B. d. Missing Glass. Any vehicle in which any portion of the vehicle’s windshield, window(s), head light(s), or taillight(s) is missing, regardless of whether any such vehicle component is or was composed of glass or one or more other materials. e. Wheels and Tires. Any vehicle that lacks functional and usable wheels or tires. f. Broken or Loose Parts. Any vehicle with broken or loose parts that constitute a danger because of exposed, sharp, or jagged edges, or that make any interior portion of the vehicle, including the trunk or engine compartment, accessible to children or animals. g. Habitat for Nuisance Animals. Any vehicle that has become a habitat for rats, mice, or other vermin or insects. h. Defective or Obsolete Condition. Any other vehicle that, because of its defective or obsolete condition, in any other way constitutes a threat to the public health or safety. 2. Mere licensing of a vehicle described in section (B)(1), above, does not constitute a defense to the finding that the vehicle is in violation of this article, provided that one or more other characteristics exist which define an unused vehicle in this article. 3. “Motor vehicle” means every vehicle which is or is intended to be self-propelled. 4. “Person” means any individual, association, organization, corporation, partnership, firm (either incorporated or unincorporated), or business entity of any type. 5. “Vehicle” means every device in, upon, or by which any person or property is or may be transported or drawn upon a street or highway, excepting devices moved by human power or used exclusively upon rails or tracks, and including without limitat ion a motor vehicle, automobile, truck, motorcycle, tractor, buggy, wagon, farm machinery, or any combination thereof. C. KEEPING OR STORING OF UNUSED OR INOPERABLE VEHICLES. No person shall accumulate, store, or place, or permit the accumulation, storage, or placement, of any unused vehicle in any public right-of-way within the City of Dubuque. D. VEHICLES THAT CANNOT MOVE UNDER THEIR OWN POWER. 1. No person shall detach any, camper, motorized or vehicle -drawn recreational ve- hicle, vehicle in tow, trailer of any type, or other vehicle that cannot move under its own power from a towing vehicle and leave it standing in any public right-of-way. 2. No person shall unload a pickup camper from a pickup truck and leave it standing in any public right-of-way. 3. No person shall leave a watercraft, whether standing on a trailer or standing by itself, on any public right-of-way, unless physically attached to an operable motor vehi- cle. 4. Subsections 1, 2, and 3 shall not apply to the following: a. A construction site as permitted by the City Manager; b. The site of a special event as permitted by the City Manager; or c. During loading or unloading of a camper, motorized or vehicle -driven recrea- tional vehicle, vehicle in tow, trailer of any type, or other vehicle that c annot move under its owner power, including pickup campers and watercraft, for a period not exceeding four continuous hours. E. PENALTIES/ENFORCEMENT. 1. Any person who violates this article shall be subject to the penalties and other relief provided in section 1-4-2 of this code. 2. Upon discovery of any unused vehicle in violation of this article, the City Manager may initiate abatement proceedings as outlined in this article. 3. In addition to any civil penalty and court costs which may be imposed, any person who violates this article shall also be liable to the City of Dubuque for the costs associ- ated with abatement of the unused vehicle, including actual costs, damages, expenses, staff time, and attorney fees incurred by the City of Dubuqu e. F. ABATEMENT PROCEDURE. 1. Upon judgment in favor of the City of Dubuque regarding any municipal infraction issued pursuant to this article, the City Manager may cause any vehicle which is subject to the judgment to be removed from the public right-of-way and stored at a location designated by the City Manager. 2. Notice of removal shall be provided in accordance with section 9 -15-321.770 of this code. Removal and storage of any such vehicle shall be in accordance with sections 9-15-321.770, 9-15-321.771, and 9-15-321.772 of this code. 3. If, within six months from the date of the removal of a vehicle under this section, the same vehicle is discovered in an inoperable or unused condition in any public right - of-way, the City Manager may utilize the abateme nt procedures in this section without first obtaining another judgment on another municipal infraction. All notices required by this section must nonetheless be provided, and all other procedures described herein must nonetheless be followed. Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this 6th day of September, 2022. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 9th day of September, 2022. /s/Adrienne N. Breitfelder, City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 30-22 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 7 POLICE, FIRE AND PUBLIC SAFETY, CHAPTER 5 OFFENSES, ARTICLE A GENERAL OFFENSES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. Title 7, Chapter 5, Article A of the City of Dubuque Code of Ordinances is amended by adding the following section: 7-5A-19: UNLAWFUL OBSTRUCTION OF PUBLIC WAYS AND PROPERTY: A. Definition: The term “camp” or “camping” shall mean the use of public property as a temporary or permanent place of dwelling, lodging, or residence, or as a living accom- modation at any time between sunset or sunrise, or as a sojourn. Indicia of camping may include, but are not limited to, storage of personal belongings, using tents or other temporary structures for sleeping or storage of personal belongings, carrying on cooking activities or making any fire in an unauthorized area, or any of these activitie s in combination with one another or in combination with either sleeping or making prepara- tion to sleep, including the laying down or placement of bedding for the purpose of sleeping. B. Prohibited Act: It is unlawful for any person to camp or to place any camp upon any public street, sidewalk, park, building, or land, except while camping in areas spe- cifically designated for camping by the City Manager and while acting in accordance with all rules, regulations, and ordinances pertaining to camping in such designated areas, or as otherwise permitted by this code. C. Penalty: A violation of this section may be prosecuted as a criminal or civil matter, and, upon conviction, an individual is subject to a penalty and other relief in accordance with sections 1-4-1 and 1-4-2 of this code. Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this 6th day of September, 2022. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 9th day of September, 2022. /s/Adrienne N. Breitfelder, City Clerk 7. U.S. Department of Transportation Notice of Award: Rebuilding America’s Infrastructure with Sustainability and Equity (RAISE) Infrastructure Planning Gran t: Motion by Farber to re- ceive and file the documents. Seconded by Roussell. Motion carried 7-0. 8. Work Session Request: Project HOPE Quarterly Update : Motion by Jones to receive and file the documents and schedule the work session for Monday, September 19, 2022, at 5:30 p.m. for a quarterly update on Project HOPE. Seconded by Sprank. No schedule conflicts were expressed. Motion carried 7-0. 9. Work Session Request: Inclusive Dubuque Quarterly Update: Motion by Roussell to re- ceive and file the documents and schedule the work session for Monday, September 19, 2022, at 6:00 p.m. for a quarterly update on Inclusive Dubuque . Seconded by Farber. No schedule conflicts were expressed. Motion carried 7-0. 10. Field of Miracles Game at Miracle League of Dubuque - Fox Sports Video: Motion by Jones to receive and file the documents and view the video. Seconded by Sprank. Program Supervisor Janna Beau made a presentation summarizing the second annual Field of Miracles baseball game at the Miracle League of Dubuque Complex on August 11, 2022. Media Services displayed a Fox Sports video of the event. The video can be viewed at: https://youtu.be/4E5rKdf0LYI. Motion carried 7-0. 11. Delivering Dubuque: Office of Shared Prosperity and Neighborhood Support Video : Mo- tion by Sprank to receive and file the documents and view the video. Seconded by Roussell. Media Services displayed the Delivering Dubuque episode featuring the Office of Shared Pros- perity and Neighborhood Support. The video can be viewed at: https://youtu.be/7wZJWcoIvm4. Motion carried 7-0. 12. Welcome, Dubuque College Students Video : Motion by Roussell to receive and file the documents and view the video. Seconded by Jones. Media Services displayed a video featuring City staff welcoming new and returning college students to Dubuque for the Fall 2022 semester. The video can be viewed at: https://youtu.be/n9Sm3ZaXxyg. Motion carried 7-0. COUNCIL MEMBER REPORTS Mayor Cavanagh and Council Members Farber, Jones, Roussell, and Wethal all reported on the Viking cruise ship and American Melody vessel docking at the Port of Dubuque for the first time. Mayor Cavanagh also reported on attending Project Rooted’s Rooted Table event. CLOSED SESSION Motion by Jones to convene in closed session at 9:20 p.m. to discuss Purchase or Sale of Real Estate – Chapter 21.5(1)(j) Code of Iowa. Seconded by Sprank. 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 9:40 p.m. stating that staff had been given proper direction. There being no further business, Mayor Cavanagh declared the meeting adjourned at 9:40 p.m. /s/Adrienne N. Breitfelder, City Clerk