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4 19 21 City Council Proceedings Official_Special and RegularCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:00 p.m. on April 19, 2021. Due to the COVID-19 pandemic and mandates for social distancing, this meeting was conducted virtually via GoToMeeting and aired live on CityChannel Dubuque (Mediacom cable channels 8 and 117.2), streamed live on the City's website at www.citvofdubu- que.orq/media, and streamed live on the City's Facebook page at www.face- book.com/cityofdu bug ue. Present: Mayor Buol; Council Members Cavanagh, Farber, Jones, Resnick, Roussell, Sprank; City Manager Van Milligen, City Attorney Brumwell. Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting work sessions on the Four Mounds Foundation and Brain Health. WORK SESSIONS (2) 1. Four Mounds Foundation Leisure Services Manager Marie Ware introduced staff from the Four Mounds Foun- dation. Jill Courtney, Executive Director, and Becky Bodish, Program Manager, presented on the Foundation's past, current and future work, and initiatives. Topics included: • Four Mounds Impact • Current Enrollment • History of Service • YES Participants • HEART Youth • HEART Build Dubuque • Demographics • HEART Build Dubuque Pathways: Construction; Cabinetry; Transitional Employ- ment • Vision for Programming • Partnership Evolution • What Four Mounds Needs The presenters responded to questions from the City Council on program outcomes following the presentation. City Manager Van Milligen responded to a question from the City Council regarding potential funding options for Four Mounds. This work session concluded at 5:31 p.m. 1 2. Brain Health Mark Dalsing, Police Chief; Jeremy Jensen, Assistant Police Chief; Carrie Merrick, Vice President of Behavioral Health at Hillcrest Family Services; and Chris Corken, Pro- ject Coordinator with Community Foundation of Greater Dubuque, provided a presenta- tion on current activities and initiatives around Brain Health in and around the City of Dubuque. Topics included: • Dubuque Police Department (PD) Initiatives • Mobile Crisis Outreach • Who Utilizes Mobile Crisis Outreach • What Mobile Crisis Outreach Does • Community Foundation of Greater Dubuque • Projects Completed • Projects in Transition • Collateral Projects The presenters responded to questions from the City Council about funding options for programming following the presentation There being no further business, Mayor Buol declared the meeting adjourned at 6:16 p.m. /s/Adrienne N. Breitfelder, City Clerk 2 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on April 19, 2021. Due to the COVID-19 pandemic and mandates for social distancing, this meeting was conducted virtually via GoToMeeting and aired live on CityChannel Dubuque (Mediacom cable channels 8 and 117.2), streamed live on the City's website at www.citvofdubu- que.orq/media, and streamed live on the City's Facebook page at www.face- book.com/cityofdu bug ue. The City Clerk announced in the meeting introduction that Facebook comments will no longer be monitored on the City's Facebook page effective for this meeting and all future City Council meetings. Present: Mayor Buol; Council Members Cavanagh, Farber, Jones, Resnick, Roussell, Sprank; City Manager Van Milligen, City Attorney Brumwell. Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the City Council. »4Biel 410];V_144*e]/_1zIs] 4 PRESENTATION(S) 1. COVID-19 Update: Mary Rose Corrigan, Public Health Specialist; Kelly Larson, Hu- man Rights Director; and Cori Burbach, Assistant City Manager, provided an update on the COVID-19 pandemic and response activities. PROCLAMATION(S) 1. Earth Day Proclamation (April 22, 2021) was accepted by Alexis Farrall on behalf of Green Iowa AmeriCorps. 2. Soil and Water Stewardship Week Proclamation (April 25 - May 2, 2021) was ac- cepted by Mike Freiburger on behalf of the Dubuque Soil and Water District Commission. CONSENT ITEMS Motion by Resnick to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Cavanagh. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council Proceedings of 4/5 and 4/6; Library Board of Trustees of 2/25; Zoning Advisory Commission of 4/7; Zoning Board of Adjust- ment of 3/25; Proof of Publication for City Council Proceedings of 3/22 and 3/24. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Kyle Fitzgerald for vehicle damage; Jenny Rouse for property damage; Drew Waller for vehicle 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 As- surance Pool: Kyle Fitzgerald for vehicle damage; Jenny Rouse for property damage; Drew Waller for vehicle damage. Upon motion the documents were received, filed, and concurred. 4. Approval of City Expenditures: City Manager recommended City Council approval for payment of City expenditures. Upon motion the documents were received and filed, and Resolution No. 110-21 Authorizing the Director of Finance and Budget/City Treasurer to make certain payments of bills that must be paid and approved for payment in accord- ance with City procedures was adopted. RESOLUTION NO. 110-21 AUTHORIZING THE DIRECTOR OF FINANCE AND BUDGET / CITY TREASURER TO MAKE CERTAIN PAYMENTS OF BILLS THAT MUST BE PAID AND APPROVED FOR PAYMENT IN ACCORDANCE WITH CITY PROCEDURES Whereas, Section 1-7-7(E) of the Municipal Code of the City of Dubuque provides that the Finance Director -City Treasurer shall keep an accurate account of all disbursements, money, or property, specifying date, to whom, and from what fund paid; and Whereas, the invoices, presented by those firms and persons providing such goods and services have been pre -audited by Finance Department personnel in accordance with generally accepted internal control procedures and have been determined to have been requisitioned for a lawful municipal purpose; and Whereas, the Finance Director -City Treasurer has provided a list of Expenditures at- tached hereto, and by this reference made a part hereof, to be drawn to pay for goods and services provided for City purposes; and Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 142- 18 adopted May 7, 2018, authorized the Finance Director -City Treasurer to issue checks in payment of certain expenditures known as Exception Expenditures prior to City Council approval and such list is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The Finance Director -City Treasurer is hereby authorized to issue payment for goods and services provided for City purposes in response to the purchase orders and contracts issued in compliance with state and municipal code requirements as re- quested by designated requisitioning authorities in accordance with approved budget ap- propriations. n Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Finance Director are hereby authorized and directed to provide the statement of receipts and dis- bursements to the City Council, and to publish a summary thereof. Passed, approved, and adopted this 19t" day of April, 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Final Plat Regan Farm Subdivision: Zoning Advisory Commission recommended approval of the Final Plat of Regan Farm Subdivision subject to waiving the lot frontage requirement for Lot 2. Upon motion the documents were received and filed, and Resolu- tion No. 111-21 Approving the Final Plat: Regan Farm Subdivision Dubuque County, Iowa was adopted. RESOLUTION NO. 111-21 APPROVING THE FINAL PLAT: REGAN FARM SUBDIVISION DUBUQUE COUNTY, IOWA Whereas, there has been filed with the City Clerk a Final Plat Regan Farm Subdivision, Dubuque County, Iowa that is within the City's 2-mile extraterritorial jurisdiction; and Whereas, said Final Plat has been examined by the Zoning Advisory Commission and its approval has been endorsed thereon; and Whereas, said Final Plat has been examined by the City Council and they find that it conforms to the statues and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 11-14 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is waived to allow 0 feet of frontage for Lot 2 on a public street or an approved private street. Section 2. That the Final Plat Regan Farm Subdivision, Dubuque County, Iowa is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said Final Plat of Survey. Passed, approved, and adopted this 19t" day of April 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 6. Survey Plat of Paragon Square #2: Zoning Advisory Commission recommended approval of the Plat of Survey of Paragon Square #2 as submitted, subject to waiving the lot frontage requirement for Lot 1. Upon motion the documents were received and filed, and Resolution No. 112-21 Approving the Plat of Survey of: Paragon Square #2, in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 112-21 APPROVING THE PLAT OF SURVEY OF: PARAGON SQUARE #2, IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a Plat of Survey of: Paragon Square #2, in the City of Dubuque, Iowa; and 5 Whereas, said Plat of Survey has been examined by the Zoning Advisory Commission and its approval has been endorsed thereon; and Whereas, said Plat of Survey has been examined by the City Council and they find that it conforms to the statues and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 11-14 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is waived to allow 0 feet of frontage for Lot 1 on a public street or an approved private street. Section 2. That the Plat of Survey of: Paragon Square #2, in the City of Dubuque, Iowa is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said Final Plat of Survey. Passed, approved and adopted this 19t" day of April, 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 7. State Historic Resources Development Program (HRDP) Grant Application for Dubuque's Black Heritage Survey: City Manager recommended authorization to submit a $30,000 Historic Resources Development Program (HRDP) Grant to conduct Dubuque's Black Heritage Survey. Upon motion the documents were received and filed, and Reso- lution No. 113-21 Authorizing HRDP Grant Application to State Historic Preservation Of- fice for the Dubuque Black Heritage Survey was adopted. RESOLUTION NO. 113-21 AUTHORIZING HRDP GRANT APPLICATION TO STATE HISTORIC PRESERVATION OFFICE FOR THE DUBUQUE BLACK HERITAGE SURVEY Whereas, the State Historic Preservation Office has made available the grant oppor- tunity of the Historic Resource Development Program (HRDP), for which the City of Dubu- que intends to apply for funding for the Dubuque Black Heritage Survey. This will support the development of a Multiple Property Document Form, a Genealogy Outreach compo- nent; and an archival Database as a basis for uncovering, understanding, and telling a more complete history of Dubuque; and Whereas, the City of Dubuque has adopted the 2037 Imagine Dubuque Comprehen- sive Plan that includes goals for educating the community about the benefits of historic preservation; and Whereas, the City of Dubuque has adopted the Equitable Poverty Reduction and Pre- vention Plan which identifies promising practices for racial equity and prosperity; and Whereas, the Black Heritage Survey furthers the Planning Services Department's Eq- uity Plan by advancing Equity through Service Delivery, Community Engagement and Collective Impact Partnership. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Mayor hereby is authorized to submit the FY 2022 HRDP Grant appli- cation to the State Historic Preservation Office for the Dubuque Black Heritage Survey. Section 2. The Planning Services Manager hereby authorized to serve as project man- ager in accordance with state requirements. 0 Passed, approved, and adopted this 191" day of April 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 8. City of Sageville Letter of Proposed Annexation: Correspondence from the City of Sageville, Iowa regarding a City Council public hearing scheduled for May 3, 2021 to consider proposed annexations of City -owned property and a parcel owned by Robert Stohmeyer into the City of Sageville, Iowa. Upon motion the documents were received, filed, and referred to the City Manager. 9. Termination of Development Agreement Between the City of Dubuque and Offal Food Group, LLC for the Rehabilitation of 801 Rhomberg Avenue: City Manager recom- mended approval of a resolution authorizing a Termination Agreement between the City of Dubuque and Offal Food Group, LLC for the rehabilitation of 801 Rhomberg Avenue. Upon motion the documents were received and filed, and Resolution No. 114-21 Approv- ing the Termination Agreement of the Development Agreement by and between the City of Dubuque, Iowa and Offal Food Group, LLC was adopted. RESOLUTION NO. 114-21 APPROVING THE TERMINATION AGREEMENT OF THE DEVELOPMENT AGREE- MENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND OFFAL FOOD GROUP, LLC Whereas, the City of Dubuque (City) and Offal Food Group, LLC (Developer) entered into a Development Agreement dated for reference purposes the 7t" day of December 2021 (the Agreement) for property at 801 Rhomberg Avenue, legally described as follows: Lot 1 of the Subdivision of Lot 42 in Cook's Addition to the City of Dubuque, Iowa, according to the recorded Plat thereof; Lot 2 of the Subdivision of Lot 42 in Cook's Addition to the City of Dubuque, Iowa, according to the recorded Plat thereof; The Southeasterly 95.53 feet of Lot 17 and the Southeasterly 95.53 feet of Lot 3 of the Subdivision of Lot 18, both in "Dreibelbis Addition, Dubuque" in the City of Dubu- que, Iowa, according to the recorded Plat thereof; Lot 5 of the Subdivision of Lots 1 and 11, and Lot 1 of the Subdivision of Lot 1-A, in Lorimier's Subdivision of Out Lots 654 and 688 in the City of Dubuque, Iowa, ac- cording to the recorded Plat thereof; and Whereas, City and Developer now desire to terminate the Agreement on the terms and conditions set forth in the Termination Agreement attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Termination Agreement is hereby approved. Section 2. The Mayor is hereby authorized and directed to sign the Termination Agree- ment on behalf of the City of Dubuque. Section 3. The City Manager is authorized to take such actions as are necessary to comply with the terms of the Termination Agreement. Passed, approved and adopted this 19t" day of April 2021. Roy D. Buol, Mayor 7 Attest: Adrienne N. Breitfelder, City Clerk 10. Real Estate Broker Services for Listing City -Owned Land for Sale or Lease: City Manager recommended approval of two new listing agreements for real estate broker services of Bob Felderman at General Bob Realty to sell or lease City -owned land. Upon motion the documents were received and filed, and Resolution No. 115-21 Approving Listing Agreements for Real Estate Broker Services between the City of Dubuque, Iowa and General Bob Realty for the sale or lease of City -owned properties was adopted. RESOLUTION NO. 115-21 APPROVING LISTING AGREEMENTS FOR REAL ESTATE BROKER SERVICES BE- TWEEN THE CITY OF DUBUQUE, IOWA AND GENERAL BOB REALTY FOR THE SALE OR LEASE OF CITY -OWNED PROPERTIES Whereas, the City of Dubuque owns the real estate described in the attached list (the Properties); and Whereas, the City Council has previously approved Listing Contract with General Bob Realty to provide broker services to the City for the sale or lease of the Properties on the terms and conditions set forth in the attached Listing Contracts; and Whereas, the City Council desires to add two new Listing Contracts attached hereto for two new properties; and Whereas, the City Council finds that it would be in the best interests of the City of Dubuque to approve the new Listing Contracts. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Listing Contracts are hereby approved. Section 2. The City Manager is authorized to take such actions as are necessary to offer the Properties for sale or lease, all such sales or leases being subject to approval of the City Council as required by law. Passed, approved, and adopted this 19t" day of April 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 11. Appointment of Liaison to the Long -Range Planning Commission: Housing Com- mission recommended approval to appoint Michelle Becwar as the Housing Commission liaison to the Long -Range Planning Commission. Upon motion the documents were re- ceived, filed, and approved. 12. Signed Contract(s): First Amendment to Master Lease Agreement with Dubuque Cellular Telephone, L.P.; Lease Agreement with Dubuque Water Sports Club. Upon mo- tion the documents were received and filed. 13. Memorandum of Understanding with Dubuque County for a COVID-19 Vaccine Point of Delivery & Call Center: Signed contract with Dubuque County for a COVID-19 Vaccine Point of Delivery (POD) facility at the Grand River Center and for a COVID-19 Call Center available to all Dubuque County residents. Upon motion the documents were received and filed. 14. Improvement Contracts / Performance, Payment and Maintenance Bonds: 2021 Asphalt Overlay Ramp Project One; Asbury Road Fiber Optic Collaboration - Phase 3 Project. Upon motion the documents were received, filed, and approved. 15. Acceptance of Subdivision Improvements in Silver Oaks Estates Subdivision: City Manager recommended acceptance of the public improvements, except for storm water detention facilities, that the developer, Royal Oaks Development Corporation, has re- cently completed in Silver Oaks Estates Subdivision. Upon motion the documents were received and filed, and Resolution No. 116-21 Accepting Public Improvements in Silver Oaks Estates Subdivision, in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 116-21 ACCEPTING PUBLIC IMPROVEMENTS IN SILVER OAKS ESTATES SUBDIVISION, IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to a development agreement with Royal Oaks Development Cor- poration and per Resolution 148-20, certain public improvements including street paving with longitudinal subdrain and concrete curb and gutter, accessible sidewalk ramps, con- crete sidewalks, a paved cul-de-sac, sanitary sewer main, water main, storm sewers and catch basins, street lighting, fiber optic conduit, and storm water detention facilities were installed by the developer of Silver Oaks Estates in the City of Dubuque, Iowa; and Whereas, the improvements, except for storm water detention facilities, have been completed and the City Manager has examined the work and has filed a certificate stating that the same has been completed in accordance with the plans approved by the City Council and in conformance with City specifications, and has recommended that the im- provements be accepted by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said public improvements in Silver Oaks Estates Subdivision, except for storm water detention facilities, be and the same is hereby accepted. Section 2. That a maintenance guarantee covering said public improvements shall be provided by the owners, Royal Oaks Development Corporation, for a period of two (2) years from the date of this resolution. Passed, approved, and adopted this 19t" day of April 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 16. Right of Way Plat and Dedication in North Grandview Estates No. 2 - Ehrlich Prop- erties LLC Property: City Manager recommended approval of the Acquisition Plat of Lot A of Lot 25 of North Grandview Estates No. 2, in the City of Dubuque, Iowa, and ac- ceptance of the dedication of said lot from Ehrlich Properties, LLC for street right of way and public utilities purposes. Upon motion the documents were received and filed, and Resolution No. 117-21 Approving the Acquisition Plat of Lot A of Lot 25 of North Grandview Estates No. 2, in the City of Dubuque, Iowa was adopted. 9 RESOLUTION NO. 117-21 APPROVING THE ACQUISITION PLAT OF LOT A OF LOT 25 OF NORTH GRANDVIEW ESTATES NO. 2, IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to Resolution 8-21, a copy of which is attached hereto, Ehrlich Properties, LLC and the City of Dubuque have agreed to certain modifications to the orig- inal approval of the subdivision Plans and Final Plat of North Grandview Estates No. 2, in the City of Dubuque, Iowa; and Whereas, said Resolution requires Ehrlich Properties, LLC to dedicate to the City of Dubuque a public right of way for future access from Helen Ridge Court to Lot 2-1-1 of Mineral Lot 359 in the City of Dubuque which abuts North Grandview Estates No. 2 to the west; and Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, an Acquisition Plat dated April 12, 2021 prepared by Buesing and Associates, Inc., de- scribing Lot A of 25 of North Grandview Estates No. 2, in the City of Dubuque, Iowa; and Whereas, said plat conforms to the laws and statutes pertaining thereto; and Whereas, upon said plat appears Lot A of Lot 25, which Ehrlich Properties, LLC, by said plat has dedicated to the public forever; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated April 12, 2021 prepared by Buesing and Associates, Inc., relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat and on behalf of the City of Dubuque, Iowa. Section 2. That the dedication of Lot A of Lot 25 of North Grandview Estates No. 2, in the City of Dubuque, Iowa, for street Right of Way and public utilities purposes, as it ap- pears on said Acquisition Plat, be and the same is hereby accepted. Section 3. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder, in and for Dubuque County, Iowa. Passed, approved, and adopted this 19th day of April 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 17. 2021 Asphalt Overlay Ramp Project 3: City Manager recommended award of the construction contract to the low bidder, Midwest Concrete, Inc., in the amount of $148,018, which is 14.81 % below the engineer's estimate. Upon motion the documents were received and filed, and Resolution No. 118-21 Awarding the Public Improvement Contract for the 2021 Asphalt Overlay Ramp Project was adopted. RESOLUTION NO. 118-21 AWARDING THE PUBLIC IMPROVEMENT CONTRACT FOR THE 2021 ASPHALT OVERLAY RAMP PROJECT 3 Whereas, sealed proposals have been submitted by contractors for the 2021 Asphalt Overlay Ramp Project 3, (the Project) pursuant to Resolution No. 75-21 and Notice to Bidders published on the City of Dubuque, Iowa website and plan room service with statewide circulation on the 19th day of March 2021. 10 Whereas, said sealed proposals were opened and read on the 8t" day of April 2021 and it has been determined that Midwest Concrete, Inc. of Peosta, Iowa, with a low bid in the amount of $148,018.00 is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded to Midwest Con- crete, Inc. and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. Passed, adopted, and approved this 19t" day of April 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 18. Sustainable Dubuque Community Grant Award Recommendation: City Manager recommended approval of the Resilient Community Advisory Commission recommenda- tions for selected projects for funding from the Sustainable Dubuque Community Grant Program at a total funding amount of $20,720. Upon motion the documents were re- ceived, filed, and approved. 19. Government Finance Officers Association Contract Amendment - Enterprise Re- source Planning (ERP) Project: City Manager recommended approval of an amendment to the Government Finance Officers Association (GFOA) contract for Enterprise Resource Planning (ERP) selection advisory services to add project oversight for the implementa- tion phase of the project. Upon motion the documents were received, filed, and approved. 20. Distinguished Budget Presentation Award from Government Finance Officers As- sociation (GFOA): Correspondence from the Government Finance Officers Association (GFOA) stating that the City's budget document has been awarded the Distinguished Budget Presentation Award for the current fiscal period. Upon motion the documents were received and filed. 21. Alcohol and Tobacco License Applications: City Manager recommended approval of annual liquor, beer, wine, and tobacco license applications as submitted. Upon motion the documents were received and filed, and Resolution No. 119-21 Approving applica- tions for beer, liquor, and/or wine permits, as required by City of Dubuque Code of Ordi- nances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits and Resolution No. 120-21 Approving ap- plications for retail cigarette / tobacco sales / nicotine / vapor permits, as required by Iowa Code 453A.47A were adopted. RESOLUTION NO. 119-21 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQ- UOR, BEER AND WINE LICENSES AND PERMITS 11 Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted and filed with the City Council for approval, and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City, and the applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City Clerk is hereby authorized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required documentation: Renewals Backpocket Brewing Taproom 333 E 10th St. Board and Brush Creative Studio 875 Jackson St. BP Fuel 1450 Loras Blvd. Bunker Hill Golf Course 2200 Bunker Hill Rd. Clarke University 1550 Clarke Dr. Dubuque Lodge No. 355 2635 Windsor Ave. Hartig Drug Co. 2255 J.F. Kennedy Rd. Kwik Stop 16t" Street #325 1210 E. 16t" St. Liquor Tobacco & Gas 1401 Central Ave. Loras College Campus Center 1450 Alta Vista St. Lot One, LLC 100 Main St. Monks Kaffee Pub 373 Bluff St. The Hub 253 Main St. Passed, approved, and adopted this 19t" day of April 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 120-21 APPROVING APPLICATIONS FOR RETAIL CIGARETTE / TOBACCO SALES / NICO- TINE / 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 found to comply with the Ordinances of the City and the applicants have filed the proper fees and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA 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: The Konnexion Business Address: 1099 University Ave. Passed, approved, and adopted this 19th day of April 2021. 12 Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk ITEMS SET FOR PUBLIC HEARING Motion by Cavanagh to receive and file the documents, adopt the resolutions, and set the public hearings as indicated. Seconded by Roussell. Motion carried 7-0. 1. Fiscal Year 2021 Second Budget Amendment: City Manager recommended the sec- ond Fiscal Year 2021 Budget Amendment be set for public hearing for May 3, 2021. Upon motion the documents were received and filed, and Resolution No. 121-21 Setting the date for the public hearing on Amendment No. 2 to the Fiscal Year 2021 Budget for the City of Dubuque was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on May 3, 2021. RESOLUTION NO. 121-21 SETTING THE DATE FOR THE PUBLIC HEARING ON AMENDMENT NO. 2 TO THE FISCAL YEAR 2021 BUDGET FOR THE CITY OF DUBUQUE Whereas, Iowa Code Section 384.16 provides that the City Council shall set a time and place for a public hearing on amendments to the budget and publish notice before the hearing as provided in Iowa Code Section 362.3. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council shall conduct a public hearing on proposed Amend- ment No. 2 to the Fiscal Year 2021 budget for the City of Dubuque virtually, on Monday, May 3, 2021, beginning at 6.30 p.m. Section 2. That the City Clerk be and is hereby authorized and directed to publish notice of the public hearing, according to law, together with the required budget infor- mation. Passed, approved, and adopted this 19t" day of April 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Sale of City -Owned Property at 1659 Iowa Street: City Manager recommended that a public hearing be set for May 3, 2021, for the purpose of disposing of City -owned real property located at 1659 Iowa Street to GT Investments for $100. Upon motion the doc- uments were received and filed, and Resolution No. 122-21 Intent to dispose of an inter- est in City of Dubuque real estate to GT Development, setting a time and place for hear- ing, and providing for the publication of notice thereof was adopted setting a public hear- ing for a meeting to commence at 6.30 p.m. on May 3, 2021. RESOLUTION NO. 122-21 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE TO GT DEVELOPMENT, SETTING A TIME AND PLACE FOR HEARING, AND PROVID- ING FOR THE PUBLICATION OF NOTICE THEREOF 13 Whereas, the City of Dubuque, Iowa (City) owns real property situated in Dubuque County, Iowa, locally identified as 1659 Iowa Street, Dubuque, Iowa and legally described as: The South 57 feet of the North 107 feet of the E '/2 of Out Lot 746 in the City of Dubuque, Iowa, according to the United States Commissioners' Map of the Town of Dubuque, Iowa - and locally known as 1659, 1665, 1671 and 1677 Iowa Street; and Whereas, City acquired the property through a petition for title to abandoned property for the purpose of its rehabilitation; and Whereas, City received an offer to purchase and rehabilitate the property from GT Development; and Whereas, by accepting the selected offer the City's objective of rehabilitation of dilapi- dated residences can be realized. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa, proposes to dispose of its interest in the above -described real estate to GT Development for the sum of $100. Section 2. That the City Council shall conduct a public hearing on the proposed dispo- sition of real estate in the City Council Chambers at the Historic Federal Building, 350 W. 6t" Street, Dubuque, Iowa on the 3rd day of May 2021 beginning at 6:30 p.m. Section 3. That the City Clerk be and is hereby authorized and directed to publish notice of the public hearing in the form attached hereto, according to law. Passed, approved, and adopted this 19t" day of April 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. 2021 Asphalt Overlay Ramp Project 4: City Manager recommended initiation of the public bidding procedure for the 2021 Asphalt Overlay Ramp Project 4, and further rec- ommends that a public hearing be set for May 3, 2021. Upon motion the documents were received and filed, and Resolution No. 123-21 2021 Asphalt Overlay Ramp Project 4: Preliminary Approval of Plans, Specifications, Form of Contract, and Estimated Cost; Set- ting Date of Public Hearing on Plans, Specifications, Form of Contract, and Estimated Cost; and Ordering the Advertisement for Bids was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on May 3, 2021. RESOLUTION NO. 123-21 2021 ASPHALT OVERLAY RAMP PROJECT 4: PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SET- TING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The proposed plans, specifications, form of contract and estimated cost for the 2021 Asphalt Overlay Ramp Project 4 in the estimated amount of $162,561.40 are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. 14 Section 2. A public hearing will be held on the 3rd day of May 2021, at 6:30 p.m. in the Historic Federal Building Council Chambers (and/or by virtual means), 350 W. 6t" Street, Dubuque, Iowa, at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. Section 3 2021 Asphalt Overlay Ramp Project 4 is hereby ordered to be advertised for bids for construction. Section 4. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. Section 5. The City Engineer is hereby directed to advertise for bids for the construction of the improvements herein provided, by publishing the attached Notice to Bidders to be published in the Master Builders of Iowa Plan Room, The Construction Update Network and posted on the City of Dubuque website at www.cityofdubuque.org/bids and which notice shall be published not less than thirteen but not more than forty-five days before the date for filing bids before 2:00 p.m. on the 13t" day of May 2021. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final action at 6:30 p.m. on the 7t" day of June 2021, in the Historic Federal Building Council Chambers (and/or by virtual means), 350 West 6t" Street, Dubuque, Iowa. Passed, adopted, and approved this 19t" day of April 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk [Due to the ongoing COVID-19 pandemic, the City Council will meet virtually through GoToMeeting. The official agenda will be posted on Friday prior to the meeting and will contain listening, viewing, and public input options. The City Council agenda can be ac- cessed at https://citVofdubuque.novusagenda.com/AgendaPublic/ or by contacting the City Clerk's Office at 563-589-4100, ctyclerk cityofdubugue.org.] BOARDS/COMMISSIONS 1. Boards and Commission Applicant Review: Applications were reviewed for the fol- lowing Boards and Commissions. Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions. a) Human Rights Commission: One, 3-Year term through January 1, 2022 (Vacant term or Hammel Jr.). Applicants: Jake Kurczek, 1110 Victoria PI.; Nichole Weber, 535 South Grandview Ave. This commission is subject to the State of Iowa Gender Balance Law. 9 Commissioners total; currently 3 males/5 females/1 opening PUBLIC HEARINGS 15 1. Amended and Restated Urban Renewal Plan for the North Grandview Estates Hous- ing Urban Renewal Area, Version 2021.2: Proof of publication on notice of public hearing to consider City Council approval of a resolution of adoption for the Amended and Re- stated Urban Renewal Plan, Version 2021.2, for the North Grandview Estates Housing Urban Renewal Area, and City Manager recommended approval. Motion by Jones to re- ceive and file the documents and adopt Resolution No. 124-21 Approving the Amended and Restated Urban Renewal Plan Version 2021.2, for the North Grandview Estates Housing Urban Renewal Area. Seconded by Resnick. Staff stated that no online public input had been received for this item. Motion carried 7-0. RESOLUTION NO. 124-21 APPROVING THE AMENDED AND RESTATED URBAN RENEWAL PLAN VERSION 2021.2, FOR THE NORTH GRANDVIEW ESTATES HOUSING URBAN RENEWAL AREA Whereas, by Resolution 81-21 on March 15, 2021, the City Council of the City of Dubu- que, Iowa authorized the preparation of an Amended and Restated Urban Renewal Plan (the "Plan") for the North Grandview Estates Housing Urban Renewal Area (the "Area"); and Whereas, the City of Dubuque's primary objective for the Plan is to provide public im- provements related to housing and residential development and provide housing oppor- tunities, including assistance for low and moderate income family housing, which will fur- ther economic development purposes and objectives as described in the Plan in the Area; and Whereas, a consultation process has been undertaken with affected taxing entities in accordance with Chapter 403 of the Code of Iowa with no written objections or recom- mended changes to the Amended and Restated Plan received; and Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has held a public hearing on the proposed Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Urban Renewal Plan for the North Grandview Estates Urban Re- newal Area, Version 2021.2, on file in the City Clerk's Office and made reference to herein, is hereby approved. Section 2. 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 19t" day of April 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Eco- nomic Development District Urban Renewal Plan, Version 2021.1: Proof of publication on notice of public hearing to consider City Council approval of an Amended and Restated Urban Renewal Plan for Dubuque Industrial Center Economic Development District, Ver- sion 2021.1, and City Manager recommended approval. Motion by Cavanagh to receive and file the documents and adopt Resolution No. 125-21 Approving the Amended and 16 Restated Urban Renewal Plan, Version 2021.1, for the Dubuque Industrial Center Eco- nomic Development District. Seconded by Sprank. Staff stated that no online public input had been received for this item. Motion carried 7-0. RESOLUTION NO. 125-21 APPROVING THE AMENDED AND RESTATED URBAN RENEWAL PLAN, VERSION 2021.1, FOR THE DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT Whereas, by Resolution 82-21 on March 15, 2021 the City Council of the City of Dubu- que, Iowa authorized the preparation of an Amended and Restated Urban Renewal Plan (the "Amended and Restated Urban Renewal Plan" or "Plan") for the Dubuque Industrial Center Economic Development District (the "District"); and Whereas, the Amended and Restated Urban Renewal Plan for the District, Version 2021.1, is on file in the City Clerk's Office; and Whereas, the City of Dubuque's primary objective for the Amended and Restated Ur- ban Renewal Plan for the District is to provide opportunities which will further economic development purposes and objectives as described in the Plan; and Whereas, a consultation process has been undertaken with affected taxing entities in accordance with Chapter 403 of the Code of Iowa with no written objections or recom- mended changes to the Plan received; and Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has held a public hearing on the Amended and Restated Urban Renewal Plan after public notice thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Amended and Restated Urban Renewal Plan for the Dubuque In- dustrial Center Economic Development District, Version 2021.1, 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 accom- modations 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-res- idential uses are necessary and appropriate to facilitate the proper growth and develop- ment of the City in accordance with sound planning standards and local community ob- jectives. Section 3. That the District, as amended, continues to be an area for economic devel- opment (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. 17 Section 5. That the City Clerk of the City of Dubuque, Iowa is hereby authorized and directed to file a certified copy of this Resolution in the office of the Dubuque County Recorder. Passed, approved, and adopted this 19t" day of April 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Eco- nomic Development District Urban Renewal Plan, Version 2021.2: Proof of publication on notice of public hearing to consider City Council approval of an Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District, Version 2021.2, and City Manager recommended approval. Motion by Roussell to receive and file the documents and adopt Resolution No. 126-21 Approving the Amended and Restated Urban Renewal Plan, Version 2021.2, for the Dubuque Industrial Center Eco- nomic Development District. Seconded by Farber. Staff stated that no online public input had been received for this item. Motion carried 7-0. RESOLUTION NO. 126-21 APPROVING THE AMENDED AND RESTATED URBAN RENEWAL PLAN, VERSION 2021.2, FOR THE DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT Whereas, by Resolution 83-21 on March 15, 2021 the City Council of the City of Dubu- que, Iowa authorized the preparation of an Amended and Restated Urban Renewal Plan (the "Amended and Restated Urban Renewal Plan" or "Plan") for the Dubuque Industrial Center Economic Development District (the "District"); and Whereas, the Amended and Restated Urban Renewal Plan for the District, Version 2021.2, is on file in the City Clerk's Office; and Whereas, the City of Dubuque's primary objective for the Amended and Restated Ur- ban Renewal Plan for the District is to provide opportunities which will further economic development purposes and objectives as described in the Plan; and Whereas, a consultation process has been undertaken with affected taxing entities in accordance with Chapter 403 of the Code of Iowa with no written objections or recom- mended changes to the Plan have been received; and Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has held a public hearing on the Amended and Restated Urban Renewal Plan after public notice thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Amended and Restated Urban Renewal Plan for the Dubuque In- dustrial Center Economic Development District, Version 2021.2, 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 accom- modations 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 m those portions thereof which are to be developed for non-residential uses, such non-res- idential uses are necessary and appropriate to facilitate the proper growth and develop- ment of the City in accordance with sound planning standards and local community ob- jectives. Section 3. That the District, as amended, continues to be an area for economic devel- opment (commercial and industrial) within the meaning of Iowa Code Chapter 403; that such area is eligible for designation as an urban renewal area and otherwise meets all requisites under the provisions of Iowa Code Chapter 403; and that the rehabilitation, conservation, redevelopment, development, or a combination thereof, of such area is necessary in the interest of the public health, safety or welfare of the residents of this City. Section 4. That, notwithstanding any resolution, ordinance, plan, amendment, or any other document, the Amended and Restated Plan shall be in full force and effect from the date of this Resolution until the Council amends or repeals the Plan. Section 5. That the City Clerk of the City of Dubuque, Iowa is hereby authorized and directed to file a certified copy of this Resolution in the office of the Dubuque County Recorder. Passed, approved, and adopted this 19t" day of April 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 4. Resolution Approving the Disposition of an Interest in City -Owned Real Estate Pur- suant to the Development Agreement by and among the City of Dubuque, Giese Proper- ties, L.L.C., and Giese Manufacturing Company, Inc., including the Issuance of Urban Renewal Tax Increment Revenue Grant Obligations: Proof of publication on notice of public hearing to consider City Council approval of a Development Agreement by and among the City of Dubuque, Giese Properties, L.L.C., and Giese Manufacturing Com- pany, Inc. providing for the sale of city -owned real estate in Dubuque Industrial Center West to Giese Properties, L.L.C. and the issuance of Urban Renewal Tax Increment Rev- enue Grant Obligations, and City Manager recommended approval. Motion by Resnick to receive and file the documents and adopt Resolution No. 127-21 Approving the disposal of an interest in City of Dubuque Owned real estate by sale to Giese Properties, L.L.C., pursuant to a Development Agreement by and among the City of Dubuque, Giese Prop- erties, L.L.C., and Giese Manufacturing Company, Inc. including the issuance of Urban Tax Increment Revenue Obligations to Giese Manufacturing Company, Inc. Seconded by Jones. Staff stated that no online public input had been received for this item. Motion carried 7-0. RESOLUTION NO. 127-21 APPROVING THE DISPOSAL OF AN INTEREST IN CITY OF DUBUQUE OWNED REAL ESTATE BY SALE TO GIESE PROPERTIES, L.L.C., PURSUANT TO A DEVEL- OPMENT AGREEMENT BY AND AMONG THE CITY OF DUBUQUE, GIESE PROPER- TIES, L.L.C., AND GIESE MANUFACTURING COMPANY, INC. INCLUDING THE IS- SUANCE OF URBAN TAX INCREMENT REVENUE OBLIGATIONS TO GIESE MANU- FACTURING COMPANY, INC. Whereas, the City of Dubuque is the owner of the property legally described as follows: 19 Lot 1 of Dubuque Industrial Center North First Addition, in the City of Dubuque, Iowa (the Property); and Whereas, the City Council, by Resolution No. 98-21, dated April 5, 2021, declared its intent to dispose of its interest in the Property by sale to Giese Properties, L.L.C. pursuant to a Development Agreement by and among the City of Dubuque, Giese Properties, L.L.C., and Giese Manufacturing Company, Inc., including the issuance of Urban Re- newal Tax Increment Revenue Obligations to Giese Manufacturing Company, Inc.; and Whereas, pursuant to published notice, a public hearing was held on the proposed Development Agreement on April 19, 2021 at 6:30 p.m. by virtual means; and Whereas, it is the determination of the City Council that sale of the Property and ap- proval of the Development Agreement for redevelopment of the Property by Giese Prop- erties, L.L.C., according to the terms and conditions set out in the Development Agree- ment, is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Development Agreement between the City of Dubuque, Giese Properties, L.L.C., and Giese Manufacturing Company, Inc., a copy of which is attached hereto, including the sale of the Property and the issuance of Urban Renewal Tax Incre- ment Revenue Obligations, is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the Develop- ment Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. That the City Manager is authorized to take such actions as are necessary to comply with the terms of the Development Agreement as herein approved. Passed, approved, and adopted this 19t" day of April 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Proceedings for the Public Hearing on the Authorization of Not to Exceed $180,000 General Fund Lease Agreement — Mailing and Inserting Machine: Proof of publication on notice of public hearing to consider City Council approval of the suggested proceedings for the public hearing on the authorization of a general fund lease agreement not to ex- ceed $180,000, and City Manager recommended approval. Motion by Jones to receive and file the documents and adopt Resolution No. 128-21 Instituting Proceedings to take additional action for the authorization of a Lease Agreement (General Fund) in the prin- cipal amount of not to exceed $180,000 to acquire personal property for the City. Se- conded by Roussell. Director of Finance and Budget Jenny Larson responded to ques- tions from the City Council regarding the City's lease of the mailing and inserting machine and previous funds spent on lease payments. Staff stated that no online public input had been received for this item. Motion carried 7-0. RESOLUTION NO. 128-21 INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORI- ZATION OF A LEASE AGREEMENT (GENERAL FUND) IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $180,000 TO ACQUIRE PERSONAL PROPERTY FOR THE CITY 20 Whereas, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the authoriza- tion of a Lease Agreement in the principal amount of not to exceed $180,000, for the purpose of paying costs of the acquisition of personal property for the City, and more specifically, for the lease of a mailing and inserting machine, to be secured by the general fund, and has considered the extent of objections received from residents or property owners as to said proposal and, accordingly the following action is now considered to be in the best interests of the City and residents thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council does hereby institute proceedings and take additional ac- tion for the authorization of a Lease Agreement in the principal amount of not to exceed $180,000 to evidence the obligation thereof for the foregoing purpose. Section 2. The Mayor and Clerk are authorized and directed to proceed on behalf of the City with the negotiation and finalization of the terms of a Lease Agreement, evidenc- ing the City's obligations to a principal amount of not to exceed $180,000 and otherwise to take all action necessary to permit the execution of a Lease Agreement on a basis favorable to the City. Passed and approved this 19t" day of April 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 6. Petition to Vacate a Portion of Randall Place, in the City of Dubuque, Iowa Dubuque Golf and Country Club - Randall Place Vacate Agreement: Proof of publication on notice of public hearing to consider City Council approval of a request from Dubuque Golf and Country Club to vacate a portion of Randall Place south of Bradley Street and between Lot 1 Block 7 and Lot 17 Block 8 of Grandview Park for a purchase price of $32,197, and City Manager recommended approval. Motion by Jones to receive and file the documents and adopt Resolution No. 129-21 Vacating a Portion of Randall Place, in the City of Dubu- que, Iowa, to be known as Lot 1A Block 7 of Grandview Park, in the City of Dubuque, Iowa and Resolution No. 130-21 Disposing of City Interest in Lot 1A Block 7 of Grandview Park, in the City of Dubuque, Iowa. Second by Cavanagh. Council Member Farber stated that she will abstain from the vote due to owning property contiguous with the property under consideration and her membership with the Dubuque Golf and Country Club. Coun- cil Member Resnick asked for clarification on how many resolutions City Council was adopting for this item, as Resolution No. 100-21 was listed as an attachment. City Clerk Breitfelder stated that Resolution No. 100-21 was a resolution that Council previously voted on related to this item and was provided for historical reference. Motion carried 6- 0 with abstention from Farber. RESOLUTION NO. 129-21 VACATING A PORTION OF RANDALL PLACE, IN THE CITY OF DUBUQUE, IOWA, TO BE KNOWN AS LOT 1A BLOCK 7 OF GRANDVIEW PARK, IN THE CITY OF DUBUQUE, IOWA Whereas, per Resolution No. 94-21 the City of Dubuque has entered into a develop- ment agreement with Dubuque Golf and Country Club for the sale of City Owned property 21 including a portion of the Randall Place right of way between Lot 1 Block 7 and Lot 17 Block 8 of Grandview Park, in the City of Dubuque, Iowa; and Whereas, the Dubuque Golf and Country Club has requested the vacation of a portion of Randall Place and the conveyance of the property to Dubuque Golf and Country Club per said agreement; and Whereas, Buesing and Associates, Inc. has prepared and submitted to the City Council a plat showing the proposed vacated area of Randall Place right of way between Lot 1 Block 7 and Lot 17 Block 8 of Grandview Park, in the City of Dubuque, Iowa and assigned a lot number thereto, which hereinafter shall be known and described as Lot 1A Block 7 of Grandview Park, in the City of Dubuque, Iowa; and Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on the 91" day of April 2021, the City Council of the City of Dubuque, Iowa met by virtual means on the 19t" day of April 2021, at 6:30 p.m. in the Historic Fed- eral Building Council Chambers (second floor), 350 West 6t" Street, Dubuque, Dubuque County, Iowa to consider the request to vacate; and Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objec- tions, oral or written to the request to vacate; and Whereas, the City Council of the City of Dubuque, Iowa, has determined that the pro- posed vacation of Lot 1A Block 7 of Grandview Park, in the City of Dubuque, Iowa, Iowa should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lot 1A Block 7 of Grandview Park, in the City of Dubuque, Iowa, be and the same is hereby vacated. Passed, approved, and adopted this 19t" day of April 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 7. Text amendment to Articles 16-9-5-3: City Council Action, 16-11-2 Applicability and 16-13-2 Applicability of the Unified Development Code to remove references to South- west Arterial Corridor Moratoriums and Subdivision Review: Proof of publication on notice of public hearing to consider a request from the City of Dubuque to amend the Unified Development Code to remove references to the Southwest Arterial Moratoriums, and Zoning Advisory Commission recommended approval. Motion by Cavanagh to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Sprank. Planning Services Manager Wally Werni- mont provided a staff report. Staff stated that no online public input had been received for this item. Motion carried 7-0. Motion by Cavanagh for final consideration and passage of Ordinance No. 11-21 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by Amending 16-9-5-3: City Council Action, 16-11-2: Applicability and 16-13-2: Ap- plicability to remove references to Southwest Arterial Moratoriums and Subdivision Re- view. Seconded by Farber. City Clerk Breitfelder had to leave and rejoin the meeting due to technology issues. Once City Clerk Breitfelder rejoined, Mayor Buol stated to move to 22 Action Item No. 8. Point of Order by Resnick that City Council still needed to vote on final consideration and passage of the Ordinance. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 11-21 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY AMENDING 16-9-5-3: CITY COUNCIL ACTION, 16- 11-2: APPLICABILITY AND 16-13-2: APPLICABILITY TO REMOVE REFERENCES TO SOUTHWEST ARTERIAL MORATORIUMS AND SUBDIVISION REVIEW Whereas, the Iowa Department of Transportation (IDOT) and the City of Dubuque es- tablished Southwest Arterial Corridor Moratoriums to minimize potential conflicts with right-of-way acquisition and final design for preferred alignment; and Whereas, all right-of-way acquisition has been completed; and Whereas, the Southwest Arterial (US Hwy 52) has been constructed and is operational; and Whereas, the Southwest Arterial Corridor Moratoriums and Subdivision Review are no longer required. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Develop- ment Code Article 16-9-5-3: City Council Action is hereby amended as follows: . :r. ter_PMN.r��r�n�r2r.�A�:t�.r_�rr�:.�:r_ra: ... I MR _ 11. � r _ Committeepotential negative any, that would result fro.. . Section 2. That Title 16 of the City of Dubuque Code of Ordinances, Unified D v I ment Code Article 16-11-2: Applicability is hereby amended as follows: .. R_ _. divides aRy parGel withiR the southwest arterial GOrrider inte twe (2) or mere le-t-s' And a !3dQ6Q1 nnrridnr rni y2f h_ci ihmittnd \ _ r _ r911141 1 .Willi. 9" 23 potential paGtS, of any, that would result frern approval of the proposed p! Section 3. That Title 16 of the City of Dubuque Code of Ordinances, Unified Develo ment Code Article 16-13-2: Applicability is hereby amended as follows: Moratorium for Site Plans On the Southwest Arterial Gerroder. The Gity plan 101", VIM tee regarding peteRti mpaGtS, any, that vveuld result frem appre Section 4. The foregoing amendments have heretofore been reviewed by the Zonii Advisory Commission of the City of Dubuque, Iowa. Section 5. This ordinance shall take effect immediately upon publication, as provid Zo ov id in by , Passed, approved and adopted this 19thday of April 2021. /s/Roy D. Buol,• 'ttest: /s/Adrienne N. Breitfelder, Published officially in the Telegraph- • newspaper on day of April 2921. /s/Adrienne N. Breitfelder, 8. Request to amend the Historic Millwork District Planned Unit Development to allow removal of the building behind 898 Jackson Street: Proof of publication on notice of public hearing to consider a request from Conlon Construction, LLC to amend the Historic Mill- work District Planned Unit Development to allow removal of the building behind 898 Jack- son Street, and Zoning Advisory Commission recommended approval. Motion by Cavanagh to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Resnick. Planning Ser- vices Manager Wally Wernimont provided a staff report. Responding to a question from the City Council, Mr. Wernimont stated that two of the Zoning Advisory Commissioners abstained from the vote due to conflicts of interest. Staff stated that no online public input had been received for this item. Motion carried 7-0. Motion by Cavanagh for final consideration and passage of Ordinance No. 12-21 Amending Title 16 of the Unified Development Code of the City of Dubuque Code of Or- dinances by rescinding Ordinance 30-19 which provides regulations for a PUD Planned Unit Development District with a Planned Commercial Designation for the Historic 24 Millwork District PUD and now being amended to allow the removal of the building behind 898 Jackson Street (Parcel #10-24-484-002). Seconded by Resnick. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 12-21 AMENDING TITLE 16 OF THE UNIFIED DEVELOPMENT CODE OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RESCINDING ORDINANCE 30-19 WHICH PROVIDES REGULATIONS FOR A PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PLANNED COMMERCIAL DESIGNATION FOR THE HISTORIC MILLWORK DISTRICT PUD AND NOW BEING AMENDED TO ALLOW THE REMOVAL OF THE BUILDING BEHIND 898 JACKSON STREET (PARCEL #10-24-484-002) NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Develop- ment Code, is hereby amended by rescinding Ordinance 30-19 which provides regula- tions for a Planned Unit Development District with a Planned Commercial District desig- nation for the Historic Millwork District, and now being amended to allow the removal of the building behind 898 Jackson Street, to wit: A. Use Regulations: The following regulations shall apply to all uses made of land in the above -described PC Planned Commercial District: Principal permitted uses: The following uses are permitted in the Historic Millwork District PUD: 1. Places of religious exercise or assembly, 2. Public, private, or parochial school approved by State of Iowa (K-12), 3. Public or private park, golf course, or similar natural recreation area, 4. Railroad and public or quasi -public utility, including substation, 5. Residential use, 6. Housing for the elderly and persons with disabilities (not identified with (5) above), 7. Noncommercial art gallery, 8. Museum or library, 9. School of private instruction, 10. Private club, 11. General office, 12. Medical office or clinic, 13. Dental or medical lab, 14. Barber or beauty shop, 15. Hotel, 16. Shoe repair, 17. Laundry or drycleaner, 18. Bakery (wholesale or commercial), 19. Retail sales or service, 20. Indoor restaurant, 21. Bar or tavern, 22. Supermarket, 23. Tailoring or alterations, 24. Furniture or home furnishing, 25 25. Appliance sales or service, 26. Animal hospital or clinic, 27. Laundromat, 28. Furniture upholstery or repair, 29. Artist studio, 30. Photographic studio, 31. Neighborhood shopping center, 32. Business services, 33. Department store, 34. Auditorium or assembly hall, 35. Indoor theater, 36. Bank, savings and loan, or credit union, 37. Indoor amusement center, 38. Vending or game machine sales and service, 39. Indoor recreation facility, 40. Mail order house, 41. Printing or publishing, 42. Parking structure, 43. Vocational school, 44. Business or secretarial school, 45. Passenger transfer facility, 46. Warehousing and storage facility, 47. Artisan production shop. Accessory Uses: The following accessory uses are permitted in the Historic Millwork District PUD: 1. Any use customarily incidental and subordinate to the principal use it serves. 2. Boiler system in use as part of an industrial business or use. 3. Outdoor seating as part of an indoor restaurant, bar, or tavern. Conditional Uses: The following conditional uses are permitted in the Historic Millwork District PUD, subject to the provisions of Article 8 of the Unified Development Code that establishes requirements for application to the Zoning Board of Adjustment for a condi- tional use permit, and any other specific conditions listed below for a conditional use. 1. Drive-in or carry -out restaurant. 2. Drive -up automated bank teller. 3. Vehicle rental. 4. Construction supplies sales and service. 5. Contractor shop or yard. 6. Wholesale sale/distributor. 7. Agricultural supply sales. 8. Lumberyard or building materials. 9. Laboratory for research, development, or engineering, provided that such use com- plies with all local, state, and federal regulations governing hazardous substances, hazardous conditions, hazardous wastes, and hazardous materials. 10. Freight transfer facility. 11. Moving or storage facility. 12. Millworking. 26 13. Manufacture, assembly, repair, or storage of electrical or electronic products, com- ponents, or equipment. 14. Manufacture or assembly of musical instruments; toys; watches or clocks; medical, dental, optical, or similar scientific instruments; orthopedic or medical appliances; signs or billboards. 15. Manufacturing, compounding, assembly or treatment of articles or products from the following substances: clothing or textiles; rubber, precious or semiprecious stones or metals; wood; plastics; paper; leather; fiber; glass; hair; wax; metal; concrete; feath- ers; fur; cork; and celluloid or cellulose products. 16. District energy system. 17. Private energy generation facility. 18. Exterior storage. 19. Licensed childcare centers, provided that: a. Such facility shall supply loading and unloading spaces so as not to obstruct public streets or create traffic or safety hazards; b. All licenses have been issued or have been applied for and are awaiting the outcome of the state's decision; and c. Such use shall not be located within the same structure as any gas station, bar/tavern, automated gas station or any facility selling, servicing, repairing, or renting vehicles. d. The conditional use applicant certifies that the premises on which the li- censed childcare center will be located complies with and will for so long as the licensed childcare center is so located, continue to comply with all local, state and federal regulations governing hazardous substances, hazardous conditions, haz- ardous wastes, and hazardous materials. e. If the applicant is subject to the requirements of Section 302 of the Super - fund Amendments and Reauthorization Act of 1986, as amended, the Emergency Management Director shall certify whether the applicant has submitted a current inventory of extremely hazardous substances kept or stored on the premises. If any such extremely hazardous substances are kept or stored on the premises, the applicant shall also post in a conspicuous place on the premises a notice indicating a description of the extremely hazardous substances, and the physical and health hazards presented by such substances. f. Applicant shall submit an evacuation plan for approval by the City, both writ- ten and drawn, that details where the children will go in the event of a hazardous materials incident. The plan shall include a "house in place" scenario in which the children can be kept safely within a room of the building that has no penetration to the outside (windows, doors, etc.). g. Applicant shall submit plans for approval by the City that indicate the instal- lation of a main emergency shut-off switch for the heating, ventilation, and air conditioning (HVAC) system to minimize the infiltration risk of airborne hazardous materials. 20. Microbrewery, winery, and distillery, provided that: a. Any products or wastes containing odor producing substances emanating from a building or property associated with a microbrewery, winery, or distillery, 27 in such concentrations to create a public nuisance, as established by the city manager, shall be prohibited. b. The operation of a microbrewery, winery or distillery facility shall not cause any loud and excessive noise that result in annoyance or discomfort to a reason- able person. B. Lot and Bulk Regulations The following bulk regulations shall apply in the Historic Millwork District PUD, subject to the provisions of the Unified Development Code. 1. Setbacks: a) Front yard = 0 feet b) Side yard = 0 feet c) Rear yard = 0 feet 2. Building Height = no maximum. 3. New Construction Transition. New construc- tion on the blocks between 12t" Street and 11 t" Street should transition in scale from the Washington Neighborhood to the District PUD. C. Sign Regulations 1. The number, size, and location of signs in the Historic Millwork District PUD shall be regulated in accordance with Exhibit C and all other applicable regulations of Article 15 of the Unified Development Code. 2. A comprehensive sign plan is required as part of the sign permit submittal for all multi -tenant buildings. 3. Free-standing signs in the District PUD shall be monument -style signs. 4. The design of signage shall comply with the Downtown Design Guidelines for signs. Waiver requests from these guidelines shall be reviewed by the Historic Preservation Commission in accordance with the provisions of Article 10 of the Uni- fied Development Code. 5. Variance requests from sign requirements established in Article 15 of the Uni- fied Development Code shall be reviewed by the Zoning Board of Adjustment in accordance with provisions of Article 8 of the Unified Development Code. 6. Off -premise signs are prohibited in the Historic Millwork District PUD. D. Performance Standards Creation of a viable, equitable, and livable mixed -use neighborhood in the Historic Mill- work District PUD that includes residential, retail, office, commercial, and industrial uses requires both strategy and flexibility for its sustainability. The development and mainte- nance of uses in the Historic Millwork District PUD conceptually should follow the goals, objectives, and recommendations of the Historic Millwork District Master Plan, incorpo- rated herein by reference and on file in the Planning Services Department. The develop- ment and maintenance of uses in the Historic Millwork District PUD shall be regulated as follows: 1. Conceptual Development Plan a. Referenced herein as Section 5. Development Summary of the Historic Mill- work District Master Plan, and shown on Exhibit B, on file in the Planning Services Department, and made a part of this zoning reclassification by reference as the Conceptual Development Plan for the Historic Millwork District PUD. m b. It is recognized that minor shifts or modifications to the general plan layout may be necessary and compatible with the need to acquire workable street patterns, grades, and usable building sites. c. The Land Use / Development Patterns depicted in the Historic Millwork District Master Plan for ground floor uses reflect a predominance of residential uses; how- ever, for District sustainability, these ground floor uses shall be characterized by a flexible designation for the Historic Millwork District PUD Conceptual Development Plan as shown in Exhibit B. d. Amendment to the Historic Millwork District PUD Conceptual Plan to allow re- moval of the vacant building behind 898 Jackson Street (Parcel #10-24-484-002). 2. Parking Regulations: Off-street parking is not required as part of the Historic Mill- work District PUD. Off-street parking spaces may be provided in a building as an ac- cessory use, subject to review and approval under Building, Fire, and other applicable City Codes. If a property owner chooses to provide surface off-street parking within the District PUD, the City Council must first approve the request and the following regula- tions shall apply: a. Parking lot design shall comply with the Downtown Design Guidelines for sur- face parking lots. b. All vehicle -related features shall be surfaced with standard or permeable as- phalt, concrete, or pavers. c. Curbing and proper surface drainage of storm water shall be provided. d. All parking and loading spaces shall be delineated on the surfacing material by painted stripes or other permanent means. e. The size and design of parking spaces shall be governed by applicable provi- sions of the Unified Development Code enforced at the time of development of the lot. f. The number, size, design, and location of parking spaces designated for per- sons with disabilities shall be according to the local, state, or federal requirements in effect at the time of development. 3. Parking Structures: Parking structures (ramps) are allowed in the Historic Millwork District PUD subject to City Council review and the following standards: a. Parking structures shall comply with the Downtown Design Guidelines for park- ing facilities. b. The size and design of parking spaces shall be governed by applicable provi- sions of the Unified Development Code enforced at the time of development. c. The number, size, design, and location of parking spaces designated for per- sons with disabilities shall be according to the local, state, or federal requirements in effect at the time of development. 4. Site Lighting a. Exterior illumination of site features shall be limited to the illumination of the fol- lowing: i. Parking areas, driveways and loading facilities. ii. Pedestrian walkway surfaces and entrances to building. iii. Building exterior. b. Location and Design 29 i. All exterior lighting luminaries shall be designed and installed to shield light from the luminaries at angles above 72-degrees from vertical. ii. Fixtures mounted on a building shall not be positioned higher than the roofline of the building. iii. All electrical service lines to posts and fixtures shall be underground and con- cealed inside the posts. iv. The design of exterior lighting luminaries shall comply with the Downtown De- sign Guidelines for signs. Waiver requests from these guidelines shall be reviewed by the Historic Preservation Commission in accordance with the provisions of Article 10 of the Unified Development Code. 5. Open Space It is the intent of these regulations that the development of open spaces (if provided) shall reflect a high quality of environmental design. The following provisions shall apply. a. Open space plans are required as part of submittals for site plan review. Such plans are to include type, number, and size of proposed plantings, paving and other open space amenities. Open space areas shall be designed in compliance with Downtown Design Guidelines and the Historic Millwork District Master Plan. b. Within one (1) year following completion of construction, or by the date that a building is issued an occupancy certificate by the Building Services Department of the City of Dubuque, whichever occurs first, required open space amenities shall be installed. 6. Stormwater Management: The developer shall be responsible for providing storm - water management in a means that is satisfactory to the City Engineer and consistent with the Historic Millwork District Master Plan. Sustainable, low impact development tech- niques for stormwater management approved by the City Engineer will be used where feasible. Other applicable regulations also enforced by the City Engineer relative to storm - water management and drainage shall apply to the subject property. 7. Exterior Trash Collection Areas a. The storage of trash and debris shall be limited to that produced by the principal permitted use and accessory uses of the lot. b. All exterior trash collection areas and the materials contained therein shall be visually screened from view. The screening shall be completely opaque fence, wall or other feature not exceeding a height of 10 feet measured from the ground level outside the line of the screen. Screens built on sloping grades shall be stepped so that their top line shall be horizontal. All exterior entrances to a screened trash area shall be provided with a gate or door of similar design to that of the screen. c. Exterior trash collection areas shall comply with the Downtown Design Guidelines for service areas. 8. Exterior Storage a. Exterior storage is allowed in the Historic Millwork PUD District. Exterior stor- age areas shall comply with the Downtown Design Guidelines for service areas. b. The use of semi -trailers and/or shipping containers for storage is prohibited. 9. Final site development plans shall be submitted in accordance with provisions of Article 12 and Article 13 of the Unified Development Code prior to construction or ex- pansion of any buildings, free-standing signs, or parking facilities. The Downtown De- sign Guidelines shall apply to site development in the District PUD and shall take 30 precedence over the Design Standards for Big Box Retail Uses (over 100,000 square feet) and the Design Standards for Retail Commercial Uses (over 60,000 square feet) and Regional Shopping Centers in Article 13 of the Unified Development Code. 10. Retail uses should be clustered around each other and adjacent to public spaces, such as at the intersection of 101h and Washington Streets, in the Farley & Loetscher and Kirby Buildings along 7th Street, and in a highly visible commercial cor- ridor at the east edge of the District along Elm Street. 11. Land uses should transition from industrial on the south to residential on the north, with new commercial or mixed -use buildings along the new block to be created by realigning Elm Street in accordance with the Historic Millwork District Master Plan. E Ordinance History 1. 20-10: Established Historic Millwork Planned Unit Development. 2. 38-13: Amendment for new city parking lots on Elm Street between 11 th and 12th Streets. 3. 10-15: Add Jeld-Wen/Stewart property to District. 4. 75-15: Amendment for new parking lot for Tru Fitness. 5. 19-16: Amendment to include microbrewery, winery, and distillery as a condi- tional use. 6. 13-18: Amendment for new City parking lot at 1146 Elm Street. 7. 30-19: Amendment to allow the removal of the quonset but at 902 White Street and the installation of a new surface parking lot at 902 and 990 White St. F. Other Codes and Regulations 1. Service Lines. All electric, telephone, cable, or other similar utility lines serving the building and other site features shall be located underground, where feasible. 2. These regulations do not relieve the owner from other applicable city, county, state or federal codes, regulations, laws, and other controls relative to the planning, construction, operation, and management of property within the city of Dubuque. G. Transfer of Ownership Transfer of ownership or lease of property in the Historic Millwork District PUD shall include in the transfer or lease agreement a provision that the purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of the District PUD. H. Recording A copy of this PUD Ordinance shall be recorded, at the expense of the City of Dubuque, with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this reclassification approval. This ordinance shall be binding upon the under- signed and his/her heirs, successors, and assigns. Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. The foregoing amendment shall take effect immediately upon publication as provided by law. Passed, approved, and adopted this 19th day of April 2021. /s/Roy D. Buol, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 23rd day of April 2021. /s/Adrienne N. Breitfelder, City Clerk 31 PUBLIC INPUT Due to the COVID-19 pandemic and mandates for social distancing, public input was made available through GoToMeeting chat function, City Council and City Clerk email accounts. Related to Action Item No. 1, Duane Hagerty, 1100 Main St., President and CEO of Heritage Works, spoke about recent conversations Heritage Works had with the Dream Center and City Attorney Brumwell, and that the organization supports City Coun- cil waiving the readings of the proposed ordinance. Robert Kimble, 2519 Washington St., Executive Director of the Dream Center, spoke about the support the organization has received from Heritage Works and the Dream Center Board. ACTION ITEMS 1. Dream Center - Request to Alter Washington Street Neighborhood Conservation District Boundaries - Second Reading: City Clerk transmitted correspondence from the Dream Center regarding a request to remove 1620 & 1628 White Street from the Wash- ington Street Neighborhood Conservation District, and City Manager recommending ap- proval. City Clerk transmitted additional correspondence from Heritage Works regarding their support of the City Council choosing to waive the remaining readings approving the Conservation District amendment. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Roussell. City Council Members expressed appreciation for the Dream Cen- ter, Heritage Works, and Steeple Square partnering to identify a solution. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 13-21 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by amending Article 10-8-A-4 pertaining to alteration of the Washington Street Neighborhood Conservation District to remove the properties at 1620 & 1628 White Street. Seconded by Roussell. Motion carried 7-0. Is] aaIs] /_1>1111 311[07_111[07ki ORDINANCE NO. 13-21 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY AMENDING ARTICLE 10-8-A-4 PERTAINING TO ALTERATION OF THE WASHINGTON STREET NEIGHBORHOOD CONSERVATION DISTRICT TO REMOVE THE PROPERTIES AT 1620 & 1628 WHITE STREET Whereas, the City of Dubuque established conservation districts to allow for the City's review of demolition permits that might impact buildings of historic or architectural signif- icance; and Whereas, the City has identified the Dream Center Facilities and Program as a 2020- 2022 Top Priority; and Whereas, the City has identified the Equitable Poverty Reduction & Prevention Plan as a 2020-2022 Top Priority; and 32 Whereas, the Equitable Poverty Reduction & Prevention Plan identifies the Dream Center as a community organization that must be continually reinforced, funded and broadly supported; and Whereas, the City's Council Goals and Priorities, Analysis of Impediments to Fair Housing, Equitable Poverty Reduction & Prevention Plan, and Imagine Dubuque Com- prehensive Plan have identified childcare as a priority; and Whereas, there is a need for quality, affordable, licensed childcare centers in the down- town area; and Whereas, the Dream Center is applying to become a licensed childcare center; and Whereas, a licensed childcare center is required by Chapter 109 of the Iowa Adminis- trative Code to have an outdoor program area; and Whereas, becoming a licensed childcare center is an opportunity to create a sustaina- ble source of income and funding for the Dream Center; and Whereas, the properties at 1620 & 1628 White Street are located in the Washington Street Neighborhood Conservation District; and Whereas, the Dream Center has the option to purchase 1620 and 1628 White Street; and Whereas, the Dream Center is requesting that if it successfully purchases 1620 & 1628 White Street that the properties be removed from the Washington Street Neighborhood Conservation District to accommodate the deconstruction of the properties in order to facilitate construction of an outdoor program area for its licensed childcare center. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, Article 10-8-A-4 is hereby amended as follows: 10-8-A-4 Washington Street Neighborhood Conservation District Beginning at the intersection of E. 22nd Street and Kniest Street, thence southeasterly along Kniest Street to its intersection with Garfield Avenue, thence southwesterly along Garfield Avenue to its intersection with the City alley located between Elm Street and Kniest Street, thence southeasterly along the City alley to its intersection with E. 18th Street, thence southwesterly along E. 18th Street to its intersection with the City alley located between the Iowa Chicago and Eastern Railroad right-of-way and Elm Street, thence southeasterly along the City alley to its intersection with E. 17th Street, thence northeasterly along E. 17th Street to its intersection with the Iowa Chicago and Eastern Railroad right-of-way, thence southeasterly along the Iowa Chicago and Eastern Railroad right-of-way to its intersection with E. 16th Street, thence southwesterly along E. 16th Street to its intersection with Elm Street, thence southeasterly along Elm Street to its intersection with E. 15th Street, thence northeasterly along E. 15th Street to its intersection with the City alley located between Elm Street and Pine Street, thence southeasterly along the City alley located between Elm Street and Pine Street to its intersection with E. 14th Street, thence southwesterly along E. 14th Street to its intersection with the City alley located between Elm Street and Pine Street, thence southeasterly along the City alley located between Elm Street and Pine Street to its intersection with E. 12th Street, thence southwesterly along E. 12th Street to its intersection with Elm Street, thence southeasterly along Elm Street to its intersection with E. 11 th Street, thence southwesterly along E. 11 th Street to its intersection with W. 11 th Street, thence southwesterly along W. 11 th Street to 33 its intersection with the City alley located between Central Avenue and Iowa Street; thence northwesterly along the City alley to its intersection with the City Hall access drive- way, thence southwesterly along the City Hall access driveway to its intersection with Iowa Street, thence northwesterly along Iowa Street to its intersection with Loras Boule- vard; thence northeasterly along Loras Boulevard to its intersection with the City alley located between Iowa Street and Central Avenue, thence northwesterly along the City alley to its intersection with W. 171h Street, hence northeasterly along W. 17th Street to its intersection with Heeb Street; thence northwesterly along Heeb Street to its intersection with the northern boundary of Parcel #10-24-252-018; thence northeasterly along the northern boundary of Parcel #10-24-252-018 to its intersection with the west boundary of Parcel #10-24-252-017; thence northwesterly along the west boundary of Parcel #10-24- 252-017 to its intersection with the south boundary of Parcel #10-24-252-015, thence northeasterly along the south boundary of Parcel #10-24-252-015 to its intersection with the west boundary of Parcel #10-24-252-013, thence northwesterly along the west bound- ary of Parcel #10-24-252-013 to its intersection with Heeb Street, thence northwesterly along Heeb Street to its intersection with Kaufmann Avenue, thence northeasterly along Kaufmann Avenue to its intersection with 22nd Street thence northeasterly along 22nd Street to its point of origin at the intersection of E. 22nd Street and Kniest Street excluding the following areas: a. beginning at the intersection of E. 14th Street and Jackson Street, thence southeast- erly along Jackson Street to its intersection with E. 13th Street, thence southwesterly along E. 13th Street to its intersection with White Street, thence northwesterly along White Street to its intersection with E. 14th Street, thence northeasterly along E. 14th Street to its point of origin at the intersection of E. 14th Street and Jackson Street. b. The southerly 17 feet 8 inches of the northerly 40 feet of south middle one -fifth of City Lot 485 in the City of Dubuque, Iowa, according to the United States Commis- sioners' Map of Town of Dubuque, Iowa; and The Northerly 22 feet and 4 inches of the South Middle 1/5 of City Lot 485 in the City of Dubuque, Iowa, according to the United States Commissioners' Map of Town of Dubuque, Iowa. Section 2. This ordinance shall not apply to an application for a demolition permit for properties being acquired and demolished for the Bee Branch Creek Restoration Project. Section 3. This ordinance shall only take effect upon submission of proof from the Dream Center that the Dream Center has acquired ownership of 1620 and 1628 White Street to the City Clerk. Section 4. Upon showing proof of Dream Center ownership, the ordinance will imme- diately be submitted for publication, as provided by law. Section 5. The ordinance will become effective upon publication. Passed, approved, and adopted this 19th day of April, 2021. /s/Roy D. Buol, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 14th day of May, 2021. /s/Adrienne N. Breitfelder, City Clerk 2. Radio Dubuque Fireworks Request 2021: Correspondence from Perry Mason, Gen- eral Manager for Radio Dubuque, requesting approval to conduct a fireworks display on 34 Saturday, July 3, 2021 from 9:00 p.m. to 10:30 p.m. on Volunteer Road between Haw- thorne Street and Lime Street in conjunction with the closure of indicated streets and A.Y. McDonald Park as part of a special events request. The rain date is Sunday, July 4, 2021. Motion by Cavanagh to receive and file the documents and approve the request. Se- conded by Resnick. City Council stated that public health protocols will continue to be followed at the event. Motion carried 7-0. 3. Dubuque Golf and Country Club Fireworks Request 2021: Correspondence from Dubuque Golf and Country Club requesting approval to conduct a fireworks display on Sunday, July 4, 2021 at about 9:30 p.m. on the Dubuque Golf and Country Club grounds with a rain date of Monday, July 5, 2021. Motion by Roussell to receive and file the doc- uments and approve the request. Seconded by Jones. City Council reiterated the state- ments made for Action Item No. 2. Motion carried 7-0. 4. Amending the Tax Increment Ordinance 02-21 for the North Grandview Estates Housing Urban Renewal Area: City Manager recommended City Council approval of an ordinance amending Ordinance 02-21 for the North Grandview Estates Urban Renewal Area. Motion by Cavanagh to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meet- ings prior to the meeting at which it is to be passed be suspended. Seconded by Farber. Motion carried 7-0. Motion by Cavanagh for final consideration and passage of Ordinance No. 14-21 Amending Ordinance No. 2-21, providing that General Property Taxes levied and col- lected each year on all property located within the North Grandview Estates Housing Ur- ban Renewal Area, in the City of Dubuque, County of Dubuque, State of Iowa, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Commu- nity 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 said North Grandview Estates Housing Urban Renewal Area. Seconded by Resnick. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 14-21 AMENDING ORDINANCE NO. 2-21, PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE NORTH GRANDVIEW ESTATES HOUSING URBAN RENEWAL AREA, IN THE CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF DUBUQUE, COUNTY OF DUBUQUE, DUBUQUE COMMUNITY SCHOOL DISTRICT AND OTHER TAXING DIS- TRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND INTER- EST ON LOANS, MONIES ADVANCED TO AND INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNECTION WITH SAID NORTH GRANDVIEW ESTATES HOUSING URBAN RENEWAL AREA Whereas, the City Council of the City of Dubuque, Iowa, has heretofore, in Ordinance No. 2-21, provided for the division of taxes pursuant to Section 403.19 of the Code of 35 Iowa within the North Grandview Estates Housing Urban Renewal Area described in Res- olution No. 28-21 adopted February 1, 2021; and Whereas, the Urban Renewal Plan for the North Grandview Estates Housing Urban Renewal Area has been amended pursuant to Resolution No. 124-21 on April 19, 2021; and Whereas, expenditures and indebtedness are anticipated to be incurred by the City of Dubuque, Iowa in the future to finance urban renewal project activities carried out in fur- therance of the objectives of the Amended and Restated Urban Renewal Plan and the future needs for redevelopment within the Amended Urban Renewal Area are such as to require the application of the incremental tax resources of the Urban Renewal Area; and Whereas, the City Council of the City of Dubuque, Iowa desires to provide for the divi- sion of revenue from taxation in the Amended Urban Renewal Area, as above described, in accordance with the provisions of Section 403.19 of the Code of Iowa, as amended, and the Urban Renewal Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. For purposes of this Ordinance, the following terms have the following meanings: a. Urban Renewal Project Area shall include that area described as follows: Lot 1 of North Grandview Place; and Lot 1 of North Grandview Estates; and Lot A and Lots 1 thru 34, inclusive, of North Grandview Estates No. 2; and Lot 1 of North Grandview Estates No. 3; and Lot 1 of North Grandview Estates No. 4; and Lots 1-2 and 2-2 of North Grandview Estates No. 4; and Lot A of Lot B of Sullivan's 2nd Addition; and All that part of the Right of Way of North Grandview Avenue lying south the of the Southerly right of way line of West 32nd Street and lying north of the easterly extension of the south line of Lot 1 of North Grandview Place; and All that part of the right of way of West 32nd Street lying east of the northerly extension of the west line of Lot 37 of North Grandview Estates No. 2 and lying southwest of the northerly extension of the east line of Lot A of Lot B of Sullivan's 2nd Addition. All in the City of Dubuque, Iowa b. Urban Renewal Plan shall mean the Urban Renewal Plan for the North Grandview Estates Housing Urban Renewal Area, approved by Resolution No. 28-21 on February 1, 2021, and thereafter amended and restated by Resolution No. 124-21 adopted April 19, 2021, as the same may be amended from time to time. Section 2. That the taxes levied on the taxable property in the Urban Renewal Area, legally described in Section 1 hereof, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and all other taxing districts from and after the effective date of this Ordinance shall be divided as hereinafter in this Ordinance provided. Section 3. That portion of the taxes which would be produced by the rate at which the tax is levied each year by or for each of the taxing districts upon the total sum of the assessed value of the taxable property in the Urban Renewal Area, as shown on the assessment roll as of January 1, 2020, being January 1 of the calendar year preceding 36 the first calendar year in which the City of Dubuque is expected to certify to the County Auditor the amount of loans, advances, indebtedness, or bonds payable from the division of property tax revenue described herein, shall be allocated to and when collected be paid into the fund for the respective taxing district as taxes by or for the taxing district into which all other property taxes are paid. The taxes so determined shall be referred to herein as the "base period taxes" for such Urban Renewal Area. Section 4. That portion of the taxes each year in excess of the base period taxes de- termined for the Urban Renewal Area as provided in Section 3 of this Ordinance shall be allocated to and when collected be paid into a special tax increment fund of the City of Dubuque, Iowa hereby established, to pay the principal of and interest on loans, monies advanced to, indebtedness, whether funded, refunded, assumed or otherwise, including bonds or obligations issued under the authority of Section 403.9 or 403.12 of the Code of Iowa, as amended, incurred by the City of Dubuque, Iowa, to finance or refinance, in whole or in part, urban renewal projects undertaken within the Urban Renewal Area pur- suant to the Urban Renewal Plan, except that (i) taxes for the regular and voter -approved physical plant and equipment levy of a school district imposed pursuant to Iowa Code Section 298.2 and taxes for the instructional support program of a school district imposed pursuant to Iowa Code Section 257.19 (but in each case only to the extent required under Iowa Code Section 403.19(2)); (ii) taxes for the payment of bonds and interest of each taxing district; (iii) taxes imposed under Iowa Code Section 346.27(22) related to joint county -city buildings; and (iv) any other exceptions described in Section 403.19 shall be collected against all taxable property within the Urban Renewal Project Area without any limitation as hereinabove provided. Section 5. Unless or until the total assessed valuation of the taxable property in the Urban Renewal Project Area exceeds the total assessed value of the taxable property in the Urban Renewal Area as shown by the assessment rolls referred to in Section 3 of this Ordinance, all of the taxes levied and collected upon the taxable property in the Urban Renewal Area shall be paid into the funds for the respective taxing districts as taxes by or for said taxing districts in the same manner as all other property taxes. Section 6. At such time as the loans, advances, indebtedness, bonds and interest thereon of the City of Dubuque, Iowa referred to in Section 4 hereof have been paid, all monies thereafter received from taxes upon the taxable property in the Urban Renewal Area shall be paid into the funds for the respective taxing districts in the same manner as taxes on all other property. Section 7. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. The provisions of this Ordinance are intended and shall be construed so as to fully implement the division of taxes from taxable property in the Urban Renewal Area under the provisions of Section 403.19 of the Code of Iowa. In the event that any provision of this Ordinance shall be determined to be contrary to law it shall not affect other provisions or application of this Ordinance which shall at all times be construed to fully invoke the provisions of Section 403.19 of the Code of Iowa with refer- ence to the Urban Renewal Area and the territory contained therein. Section 8. This Ordinance shall be in effect after its final passage, approval and publi- cation as provided by law. Passed and approved this 19t" day of April 2021. /s/Roy D. Buol, Mayor 37 Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 23rd day of April 2021. /s/Adrienne N. Breitfelder, City Clerk 5. Amending a Tax Increment Ordinance for the Dubuque Industrial Center Economic Development District, as Amended by Version 2018.3 of the Amended and Restated Plan: City Manager recommended City Council adoption of an ordinance amending Ordi- nance 45-18 of the Dubuque Industrial Center Economic Development District as the Dis- trict's boundaries were amended by Version 2021.1 of the Amended and Restated Urban Renewal Plan. Motion by Jones to receive and file the documents and that the require- ment that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Sprank. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 15-21 Amending Ordinance No. 45-18, previously amended, providing that General Property Taxes levied and collected each year on all property located within the Amended and Restated Dubu- que Industrial Center Economic Development District Urban Renewal Area of the City of Dubuque, County of Dubuque, State of Iowa, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with the Amended and Restated Dubuque Industrial Center Economic Development District Urban Renewal Redevelopment Project. Seconded by Sprank. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 15-21 AMENDING ORDINANCE NO. 45-18, PREVIOUSLY AMENDED, PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE AMENDED AND RESTATED DUBUQUE INDUS- TRIAL 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 DIS- TRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND INTER- EST 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 ECO- NOMIC DEVELOPMENT DISTRICT URBAN RENEWAL REDEVELOPMENT PRO- JECT Whereas, the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District (the "District") described in Resolution No. 130- 88 was adopted on May 2, 1988 and was thereafter amended and restated by Resolution No. 484-90 on December 17, 1990, Resolution No. 142-97 on April 7, 1997, Resolution No. 478-97 on November 17, 1997, Resolution No. 15-08 on January 7, 2008, Resolution No. 101-08 on March 17, 2008, Resolution No. 109-08 on April 7, 2008, Resolution No. W 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, and Resolution 125-21 on April 19, 2021 (as amended and restated, the "Urban Renewal Plan" or "Amended and Restated Urban Renewal Plan"); and Whereas, the City Council of the City of Dubuque, Iowa originally provided for the divi- sion of taxes pursuant to Section 403.19 of the Code of Iowa within the District in Ordi- nance 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 No- vember 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, and by Ordinance 45-18 on December 17, 2018; and Whereas, indebtedness has been incurred by the City, and additional indebtedness is anticipated to be incurred in the future, to finance urban renewal project activities within the District, and the continuing needs of redevelopment within the District are such as to require the continued application of the incremental tax resources of the District; and Whereas, the following enactment is necessary to accomplish the objectives described in the premises. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, THAT: Ordinance Number 45-18 is hereby amended to read as follows: Section 1: For purposes of this Ordinance, the following terms shall have the following meanings: (a) Original Project Area means that portion of the City of Dubuque, Iowa described in the Urban Renewal Plan for the District approved by Resolution No. 130-88 on May 2, 1988, and subsequently amended by Resolution No. 484-90 on December 17, 1990, which Original Project Area includes the lots and parcels located within the area now legally described as follows: All of Dubuque Industrial Center Eighth Addition; and All of Lot 1 Dubuque Industrial Center 13th Addition; and Lot 2 Dubuque Industrial Center 13th Addition; and Lot 1-2-2 Dubuque Industrial Center Fifth Addition; and Lot 1 Dubuque Industrial Center Fifth Addition; and Lot 1 Dubuque Industrial Center 11th Addition; and Lot 1 of 2 of Dubuque Industrial Center Fifth Addition; and Lot 1 of 2 of Dubuque Industrial Center Fifth Addition; and Lot 1-3 Dubuque Industrial Center 12th Addition; and Lot 1 of lot 3 of final plat of lot 1 of Dubuque Industrial Center First Addition; and Lot 1 Dubuque Industrial Center 10th Addition; and Lot 2-3 Dubuque Industrial Center 12th Addition; and Lots 1 & 2 of final plat of lot 1 of Dubuque Industrial Center First Addition; and Lot 1 Dubuque Industrial Center 12th Addition; and Lot 2 Dubuque Industrial Center Ninth Addition; and Lot 2 Dubuque Industrial Center 12th Addition; and 39 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 means that portion of the City of Dubuque, Iowa described as Sub- area B in the Amended and Restated Urban Renewal Plan for the District approved by Resolution No. 478-97 on November 17, 1997, and subsequently amended by Reso- lution No. 15-08 on January 7, 2008, and Resolution No. 125-21 on April 19, 2021, which Subarea B includes the lots and parcels located within the area legally described as follows: Lots 1, 3, 4, 1 of 5, 6 and H of Dubuque Industrial Center West as originally platted; and Lots 1, 2, 3, 4, 5, 6, 7, 8, and C of Dubuque Industrial Center West 2nd Addition as originally platted; and Lots 1, 2, 3, 4, B, and C of Dubuque Industrial Center West 4th Addition as orig- inally platted; and Lots 1 of 1, 1 of 2, 2 of 2, 1 of 3, 2 of 3, 1 of 5, A, C, and D of Dubuque Industrial Center West 5th Addition as originally platted; and Lots 1, and A of Dubuque Industrial Center West 6th Addition as originally platted; and Lots 1, 1 of 2, and 2 of 2 of Dubuque Industrial Center West 7th Addition as originally platted; and Lot 2 of 1 of the Southwest Quarter of the Southwest Quarter and Lot 2 of 1 of the Southeast Quarter of the Southwest Quarter all in Section 30, Township 89 North, Range 2 East, 5th Principal Meridian as originally platted; and and all that part of a 100-foot-wide strip of the Chicago Central Pacific Railroad right-of-way lying in the SE 1/4 of Section 30, the SE 1/4 of the SW 1/4 of Section 30, the NW 1/4 of Section 31, and the NE 1/4 of Section 31 all in T89N, R2E, of the 5th P.M. Dubuque County, Iowa, the centerline of which is more particularly de- scribed as follows: beginning at a point of intersection with the easterly line of the SE 1/4 of Section 30, T89N, R2E, of the 5th P.M., thence southwesterly continuing along the centerline of said railroad 2,700 feet, more or less a point of intersection with the westerly line of the SE 1/4 of said Section 30; thence southwesterly contin- uing along said centerline 845 feet, more or less, to a point where the railroad right- of-way widens to 200 feet, said point being the terminus of this description; and all that part of a 100-foot-wide strip of the Chicago Central Pacific Railroad right- of-way lying in the Balance of Lot 1 of 1 of the Southwest Quarter of the Southwest Quarter in Section 29, Township 89 North, Range 2 East, 5th Principal Meridian; and 21 any adjoining public street right-of-way all in the City of Dubuque, Dubuque County, Iowa. (c) Subarea C means that portion of the City of Dubuque, Iowa described as Sub- area C in the Amended and Restated Urban Renewal Plan for the District approved by Resolution No. 101-08 on March 17, 2008, which Subarea C includes the lots and parcels located within the area legally described as follows: Lots 1 and 2 of Dubuque Industrial Center North Second Addition; and Lots 2, 3, C and A of Dubuque Industrial Center North First Addition, excepting that Part of said Lot A originally platted as Lot 2 of the SW 1/4 of the NW '/4 of Sec. 30, T89N, R2E of the 5th PM; and and any adjoining public street right-of-way, all in the City of Dubuque, Dubuque County, Iowa, EXCEPT those lots and parcels included in Subarea K. (d) Subarea D means that portion of the City of Dubuque, Iowa described as Sub- area 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 In- dustrial 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 Sub- area E in the Amended and Restated Urban Renewal Plan for the District approved by Resolution No. 87-11 on March 7, 2011, which Subarea E includes the lots and parcels located within the area legally described as follows: All of Lot 1 of 1 and Lot 1 of 2 of the South Fork Subdivision No. 1 as originally platted, including any adjoining public street right-of-way to said lots, all in the City of Dubuque, Dubuque County, Iowa, and All of Seippel Road right of way from the north boundary line of Lot 1 of 1 of South Fork Subdivision No. 1 in the City of Dubuque, to the south boundary lines of Lot H of Dubuque Industrial Center West and Lot 1 of Dubuque Industrial Center West 2nd Addition in the City of Dubuque, Dubuque County, Iowa, including crossings at the intersections of Old Highway Road and Chicago Central & Pacific Railroad rights -of -way. (f) Subarea F means that portion of the City of Dubuque, Iowa, and Dubuque County described as Subarea F in the Amended and Restated Urban Renewal Plan for the District approved by Resolution No. 197-15 on June 1, 2015, which Subarea F includes the lots and parcels located within the area legally described as follows: Lot one (1) of Graf Farm Subdivision #2, Dubuque County, Iowa, according to the recorded plat thereof; Lot 1 of Lot 1 of Lot 1 of Lot 1 of West One-half of Northeast One -quarter, Section 25, Township 89 North, Range 1 East of the 5th Principal Meridian, in Center Town- ship, Dubuque County, Iowa; Lot 2 in "W.A. Norman Place" in Section 25, Center Township, Dubuque County, Iowa, according to the plat thereof; and The NW 1/4 of the SE 1/4 of Section 25, Township 89 North, Range 1 East of the 5th P.M., in Center Township, Dubuque County, Iowa. 41 (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 Sub- area G includes the lots and parcels located within the area legally described as fol- lows: 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 Dubu- que, 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 Sub- area H includes the lots and parcels located within the area legally described as fol- lows: Lot 1 of the Northeast '/4 of the Northeast '/4, and Lot 2 of Lot 1 of Lot 1 of Lot 2 of the Northeast'/4 of the Northeast'/4, of Section 30, in Township 89 North, Range 2 East of the 5th Principal Meridian, in the City of Dubuque, Iowa. (i) Subarea I means that portion of the City of Dubuque, Iowa, and Dubuque County described as Subarea I in the Amended and Restated Urban Renewal Plan for the District approved by Resolution No. 332-16 on September 19, 2016, which Subarea I includes the lots and parcels located within the area legally described as follows: Lot 2 Seippel Road Place #2, Dubuque County, Iowa. Lot 2-1-1 of the Southeast Quarter of the Southeast Quarter of Section 25, Town- ship 89 North, Range 2 East of the 5th Principal Meridian, Dubuque County, Iowa 0) Subarea J means that portion of the City of Dubuque, Iowa, and Dubuque County described as Subarea J in the Amended and Restated Urban Renewal Plan for the District approved by Resolution No. 332-16 on September 19, 2016, which Subarea J includes the lots and parcels located within the area legally described as follows: Lot 2 Julien Care Place, Dubuque County, Iowa. Lot 3 Julien Care Place, Dubuque County, Iowa Lot 2-1 Julien Care Place, Dubuque County, Iowa (k) Subarea K means that portion of the City of Dubuque, Iowa, removed from Sub- area 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. 42 158-18 as Subarea K, all on May 21, 2018, which Subarea K includes the lots and parcels located within the area legally described as follows: Lot 1 of Dubuque Industrial Center North Third Addition, in the City of Dubuque, Iowa. (1) Subarea L means that portion of the City of Dubuque, Iowa described as Subarea L in the Amended and Restated Urban Renewal Plan for the District approved by Res- olution 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 1/4 of the Southeast 1/4, Section 19, Township 89 North, Range 2 East of the 5th P.M. all in the City of Dubuque, Dubu- que County, Iowa. (m) Subarea M means that portion of the City of Dubuque, Iowa described as Sub- area M in the Amended and Restated Urban Renewal Plan for the District approved by Resolution 380-18 on December 17, 2018, which Subarea M includes the lots and parcels located within the area legally described as follows: Lot 2 of the Subdivision of Lot 2 of the Northeast'/4 of the Northeast'/4 of Section 30, Township 89 North, Range 2 East of the 5th P.M. all in the City of Dubuque, Dubuque County, Iowa. (n) Amended Project Area means that portion of the City of Dubuque, Iowa and Dubuque County included within the Original Project Area, Subarea B, Subarea C, Subarea D, Subarea E, Subarea F, Subarea G, Subarea H, Subarea I, Subarea J, Subarea K, Subarea L, and Subarea M each as described in this Section. Section 2: The taxes levied on the taxable property in the Amended Project Area, and each subarea thereof, legally described in Section 1 hereof, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and all other taxing districts from and after the effective date of this Ordinance shall be divided as hereinafter in this Ordinance provided. Section 3: As to the Original Project Area, that portion of the taxes which would be produced by the rate at which the tax is levied each year by or for each of the taxing districts taxing property in the Original Project Area upon the total sum of the assessed value of the taxable property in the Original Project Area as shown on the assessment roll as of January 1, 1987, being the first day of the calendar year preceding the effective date of Ordinance No. 26-88, shall be allocated to and when collected be paid into the fund for the respective taxing district as taxes by or for said taxing district into which all other property taxes are paid. The taxes so determined shall be referred herein as the "base period taxes" for such Subarea. As to Subarea B, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 1996, being the as- sessment roll applicable to property in such Subarea as of January 1 of the calendar year preceding the effective date of Ordinance No. 66-97. As to Subarea C (except the lots and parcels now forming 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, 2007, being the assessment roll applicable to prop- erty in such subarea as of January 1 of the calendar year preceding the effective date of 43 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. 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, as- sumed or otherwise, including bonds issued under authority of Section 403.9 or Section 403.12 of the Code of Iowa, incurred by the City of Dubuque, Iowa to finance or refinance, in whole or in part, urban renewal projects undertaken within the Amended Project Area pursuant to the Urban Renewal Plan, except that taxes for the regular and voter -approved physical plant and equipment levy of a school district imposed pursuant to Section 298.2 of the Code of Iowa and taxes for the instructional support program of a school district imposed pursuant to Section 257.19 (but in each case only to the extent required under Section 403.19(2)), taxes for the payment of bonds and interest of each taxing district, and taxes imposed under Section 346.77 (22) related to joint county -city buildings, shall be collected against all taxable property within the Amended Project Area without any limitation as hereinabove provided. Section 5: Unless or until the total assessed valuation of the taxable property in the subareas of the Amended Project Area exceeds the total assessed value of the taxable property in said subareas shown by the assessment rolls referred to in Section 3 of this Ordinance, all of the taxes levied and collected upon the taxable property in the Amended Project Area shall be paid into the funds for the respective taxing districts as taxes by or for the taxing districts in the same manner as all other property taxes. Section 6: At such time as the loans, monies advanced, bonds and interest thereon and indebtedness of the City of Dubuque referred to in Section 4 hereof have been paid, all monies thereafter received from taxes upon the taxable property in the Amended Pro- ject Area shall be paid into the funds for the respective taxing districts in the same manner as taxes on all other property. Section 7: All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. The provisions of this Ordinance are intended and shall be construed 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 Ordinance No. 18-18. In the event that any provision of this Ordinance shall be deter- mined to be contrary to law it shall not affect other provisions or application of this Ordi- nance 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 con- tained therein. Section 8: This Ordinance shall be in effect after its final passage, approval and publi- cation as provided by law. Passed, approved, and adopted this 19t" day of April 2021. /s/Roy D. Buol, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 23rd day of April 2021. /s/Adrienne N. Breitfelder, City Clerk 6. Amending a Tax Increment Ordinance for the Dubuque Industrial Center Economic Development District, as Amended by Version 2021.2 of the Amended and Restated Plan: City Manager recommended City Council adoption of an ordinance amending the most recent Ordinance for the Dubuque Industrial Center Economic Development District as the District's boundaries were amended by Version 2021.2 of the Amended and Re- stated Urban Renewal Plan. Motion by Cavanagh to receive and file the documents and 45 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 Resnick. Motion carried 7-0. Motion by Cavanagh for final consideration and passage of Ordinance No. 16-21 Amending Ordinance No. 15-21, previously Amended, providing that General Property Taxes levied and collected each year on all property located within the Amended and Restated Dubuque Industrial Center Economic Development District Urban Renewal Area of the City Of Dubuque, County of Dubuque, State of Iowa, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and other Taxing Districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with the Amended and Restated Dubuque Industrial Center Economic Development District Urban Renewal Redevelopment Pro- ject. Seconded by Resnick. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 16-21 AMENDING ORDINANCE NO. 15-21, PREVIOUSLY AMENDED, PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE AMENDED AND RESTATED DUBUQUE INDUS- TRIAL 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 DIS- TRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND INTER- EST 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 ECO- NOMIC DEVELOPMENT DISTRICT URBAN RENEWAL REDEVELOPMENT PRO- JECT Whereas, the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District (the "District") described in Resolution No. 130- 88 was adopted on May 2, 1988 and was thereafter amended and restated by Resolution No. 484-90 on December 17, 1990, Resolution No. 142-97 on April 7, 1997, Resolution No. 478-97 on November 17, 1997, Resolution No. 15-08 on January 7, 2008, Resolution No. 101-08 on March 17, 2008, Resolution No. 109-08 on April 7, 2008, Resolution No. 87-11 on March 7, 2011, Resolution No. 171-13 on June 3, 2013, Resolution No. 197-15 on June 1, 2015, Resolution No. 309-15 on September 8, 2015, Resolution No. 132-16 on September 19, 2016, Resolution No. 157-18 and Resolution No. 158-18 on May 21, 2018, Resolution 380-18 on December 17, 2018, and Resolution 125-21 and Resolution 126-21 on April 19, 2021 (as amended and restated, the "Urban Renewal Plan" or "Amended and Restated Urban Renewal Plan"); and Whereas, the City Council of the City of Dubuque, Iowa originally provided for the divi- sion of taxes pursuant to Section 403.19 of the Code of Iowa within the District in Ordi- nance 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, and by Ordinance 15-21 on April 19, 2021; and Whereas, indebtedness has been incurred by the City, and additional indebtedness is anticipated to be incurred in the future, to finance urban renewal project activities within the District, and the continuing needs of redevelopment within the District are such as to require the continued application of the incremental tax resources of the District; and Whereas, the following enactment is necessary to accomplish the objectives described in the premises. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, THAT: Ordinance Number 15-21 is hereby amended to read as follows: Section 1: For purposes of this Ordinance, the following terms shall have the following meanings: (a) Original Project Area means that portion of the City of Dubuque, Iowa described in the Urban Renewal Plan for the District approved by Resolution No. 130-88 on May 2, 1988, and subsequently amended by Resolution No. 484-90 on December 17, 1990, which Original Project Area includes the lots and parcels located within the area now legally described as follows: All of Dubuque Industrial Center Eighth Addition; and All of Lot 1 Dubuque Industrial Center 13th Addition; and Lot 2 Dubuque Industrial Center 13th Addition; and Lot 1-2-2 Dubuque Industrial Center Fifth Addition; and Lot 1 Dubuque Industrial Center Fifth Addition; and Lot 1 Dubuque Industrial Center 11th Addition; and Lot 1 of 2 of Dubuque Industrial Center Fifth Addition; and Lot 1 of 2 of Dubuque Industrial Center Fifth Addition; and Lot 1-3 Dubuque Industrial Center 12th Addition; and Lot 1 of lot 3 of final plat of lot 1 of Dubuque Industrial Center First Addition; and Lot 1 Dubuque Industrial Center 10th Addition; and Lot 2-3 Dubuque Industrial Center 12th Addition; and Lots 1 & 2 of final plat of lot 1 of Dubuque Industrial Center First Addition; and Lot 1 Dubuque Industrial Center 12th Addition; and Lot 2 Dubuque Industrial Center Ninth Addition; and Lot 2 Dubuque Industrial Center 12th Addition; and Lot 2-2 Dubuque Industrial Center Sixth Addition; and Lot 3 Dubuque Industrial Center Ninth Addition; and Lot 1 Dubuque Industrial Center Sixth Addition; and Lot 2 of 2 Dubuque Industrial Center 7th Addition; and Lot 2-1 Walter Addition; and Lot 2-1 Walter Addition; and And all adjoining public right-of-way, all in the City of Dubuque, Dubuque County, Iowa. 47 The Original Project Area is referred to as "Subarea A" in the Urban Renewal Plan hereinafter described. (b) Subarea B means that portion of the City of Dubuque, Iowa described as Sub- area B in the Amended and Restated Urban Renewal Plan for the District approved by Resolution No. 478-97 on November 17, 1997, and subsequently amended by Reso- lution No. 15-08 on January 7, 2008, and Resolution No. 126-21 on April 19, 2021, which Subarea B includes the lots and parcels located within the area legally described as follows: Lots 1, 3, 4, 1 of 5, 6 and H of Dubuque Industrial Center West as originally platted; and Lots 1, 2, 3, 4, 5, 6, 7, 8, and C of Dubuque Industrial Center West 2nd Addition as originally platted; and Lots 1, 2, 3, 4, B, and C of Dubuque Industrial Center West 4th Addition as orig- inally platted; and Lots 1 of 1, 1 of 2, 2 of 2, 1 of 3, 2 of 3, 1 of 5, A, C, and D of Dubuque Industrial Center West 5th Addition as originally platted; and Lots 1, and A of Dubuque Industrial Center West 6th Addition as originally platted; and Lots 1, 1 of 2, and 2 of 2 of Dubuque Industrial Center West 7th Addition as originally platted; and Lot 2 of 1 of the Southwest Quarter of the Southwest Quarter and Lot 2 of 1 of the Southeast Quarter of the Southwest Quarter all in Section 30, Township 89 North, Range 2 East, 5th Principal Meridian as originally platted; and and all that part of a 100-foot-wide strip of the Chicago Central Pacific Railroad right-of-way lying in the SE 1/4 of Section 30, the SE 1/4 of the SW 1/4 of Section 30, the NW 1/4 of Section 31, and the NE 1/4 of Section 31 all in T89N, R2E, of the 5th P.M. Dubuque County, Iowa, the centerline of which is more particularly de- scribed as follows: beginning at a point of intersection with the easterly line of the SE 1/4 of Section 30, T89N, R2E, of the 5th P.M., thence southwesterly continuing along the centerline of said railroad 2,700 feet, more or less a point of intersection with the westerly line of the SE 1/4 of said Section 30; thence southwesterly contin- uing along said centerline 845 feet, more or less, to a point where the railroad right- of-way widens to 200 feet, said point being the terminus of this description; and all that part of a 100-foot-wide strip of the Chicago Central Pacific Railroad right- of-way lying in the Balance of Lot 1 of 1 of the Southwest Quarter of the Southwest Quarter in Section 29, Township 89 North, Range 2 East, 5th Principal Meridian; and any adjoining public street right-of-way all in the City of Dubuque, Dubuque County, Iowa. (c) Subarea C means that portion of the City of Dubuque, Iowa described as Sub- area C in the Amended and Restated Urban Renewal Plan for the District approved by Resolution No. 101-08 on March 17, 2008, which Subarea C includes the lots and parcels located within the area legally described as follows: Lots 1 and 2 of Dubuque Industrial Center North Second Addition; and Lots 2, 3, C and A of Dubuque Industrial Center North First Addition, excepting that Part of said Lot A originally platted as Lot 2 of the SW '/4 of the NW 1/4 of Sec. 30, T89N, R2E of the 5th PM; and and any adjoining public street right-of-way, all in the City of Dubuque, Dubuque County, Iowa, EXCEPT those lots and parcels included in Subarea K. (d) Subarea D means that portion of the City of Dubuque, Iowa described as Sub- area 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 In- dustrial 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 Sub- area E in the Amended and Restated Urban Renewal Plan for the District approved by Resolution No. 87-11 on March 7, 2011, which Subarea E includes the lots and parcels located within the area legally described as follows: All of Lot 1 of 1 and Lot 1 of 2 of the South Fork Subdivision No. 1 as originally platted, including any adjoining public street right-of-way to said lots, all in the City of Dubuque, Dubuque County, Iowa, and; All of Seippel Road right of way from the north boundary line of Lot 1 of 1 of South Fork Subdivision No. 1 in the City of Dubuque, to the south boundary lines of Lot H of Dubuque Industrial Center West and Lot 1 of Dubuque Industrial Center West 2nd Addition in the City of Dubuque, Dubuque County, Iowa, including crossings at the intersections of Old Highway Road and Chicago Central & Pacific Railroad rights -of -way. (f) Subarea F means that portion of the City of Dubuque, Iowa, and Dubuque County described as Subarea F in the Amended and Restated Urban Renewal Plan for the District approved by Resolution No. 197-15 on June 1, 2015, which Subarea F includes the lots and parcels located within the area legally described as follows: Lot one (1) of Graf Farm Subdivision #2, Dubuque County, Iowa, according to the recorded plat thereof; Lot 1 of Lot 1 of Lot 1 of Lot 1 of West One-half of Northeast One -quarter, Section 25, Township 89 North, Range 1 East of the 5th Principal Meridian, in Center Town- ship, Dubuque County, Iowa; Lot 2 in "W.A. Norman Place" in Section 25, Center Township, Dubuque County, Iowa, according to the plat thereof; and The NW 1/4 of the SE 1/4 of Section 25, Township 89 North, Range 1 East of the 5th P.M., in Center Township, Dubuque County, Iowa. (g) Subarea G means that portion of the City of Dubuque, Iowa, and Dubuque County described as Subarea G in the Amended and Restated Urban Renewal Plan for the District approved by Resolution No. 309-15 on September 8, 2015, which Sub- area G includes the lots and parcels located within the area legally described as fol- lows: 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 Dubu- que, 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 Sub- area H includes the lots and parcels located within the area legally described as fol- lows: Lot 1 of the Northeast '/4 of the Northeast '/4, and Lot 2 of Lot 1 of Lot 1 of Lot 2 of the Northeast'/4 of the Northeast'/4, of Section 30, in Township 89 North, Range 2 East of the 5th Principal Meridian, in the City of Dubuque, Iowa. (i) Subarea I means that portion of the City of Dubuque, Iowa, and Dubuque County described as Subarea I in the Amended and Restated Urban Renewal Plan for the District approved by Resolution No. 332-16 on September 19, 2016, which Subarea 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, Town- ship 89 North, Range 2 East of the 5th Principal Meridian, Dubuque County, Iowa Q) Subarea J means that portion of the City of Dubuque, Iowa, and Dubuque County described as Subarea J in the Amended and Restated Urban Renewal Plan for the District approved by Resolution No. 332-16 on September 19, 2016, which Subarea J includes the lots and parcels located within the area legally described as follows: Lot 2 Julien Care Place, Dubuque County, Iowa. Lot 3 Julien Care Place, Dubuque County, Iowa Lot 2-1 Julien Care Place, Dubuque County, Iowa (k) Subarea K means that portion of the City of Dubuque, Iowa, removed from Sub- area C of the District by Version 2018.1 of the Amended and Restated Plan for the District approved by Resolution No. 157-18, and added to the District by Version 2018.2 of the Amended and Restated Plan for the District approved by Resolution No. 158-18 as Subarea K, all on May 21, 2018, which Subarea K includes the lots and parcels located within the area legally described as follows: Lot 1 of Dubuque Industrial Center North Third Addition, in the City of Dubuque, Iowa. (1) Subarea L means that portion of the City of Dubuque, Iowa described as Subarea L in the Amended and Restated Urban Renewal Plan for the District approved by Res- olution 380-18 on December 17, 2018, which Subarea L includes the lots and parcels located within the area legally described as follows: 50 Lot 1 of Loretta Bahl's Homestead, in the City of Dubuque, Iowa, comprised of Lot 1 of the West 30 Acres of the Southwest '/4 of the Southeast '/4, Section 19, Township 89 North, Range 2 East of the 5th P.M. all in the City of Dubuque, Dubu- que County, Iowa. (m) Subarea M means that portion of the City of Dubuque, Iowa described as Sub- area M in the Amended and Restated Urban Renewal Plan for the District approved by Resolution 380-18 on December 17, 2018, which Subarea M includes the lots and parcels located within the area legally described as follows: Lot 2 of the Subdivision of Lot 2 of the Northeast'/4 of the Northeast'/4 of Section 30, Township 89 North, Range 2 East of the 5th P.M. all in the City of Dubuque, Dubuque County, Iowa. (n) Subarea N means that portion of the City of Dubuque, Iowa described as Sub- area 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) Amended Project Area means that portion of the City of Dubuque, Iowa and Dubuque County included within the Original Project Area, Subarea B, Subarea C, Subarea D, Subarea E, Subarea F, Subarea G, Subarea H, Subarea I, Subarea J, Subarea K, Subarea L, Subarea M, and Subarea N each as described in this Section. Section 2: The taxes levied on the taxable property in the Amended Project Area, and each subarea thereof, legally described in Section 1 hereof, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and all other taxing districts from and after the effective date of this Ordinance shall be divided as hereinafter in this Ordinance provided. Section 3: As to the Original Project Area, that portion of the taxes which would be produced by the rate at which the tax is levied each year by or for each of the taxing districts taxing property in the Original Project Area upon the total sum of the assessed value of the taxable property in the Original Project Area as shown on the assessment roll as of January 1, 1987, being the first day of the calendar year preceding the effective date of Ordinance No. 26-88, shall be allocated 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, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 1996, being the as- sessment roll applicable to property in such Subarea as of January 1 of the calendar year preceding the effective date of Ordinance No. 66-97. As to Subarea C (except the lots and parcels now forming 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, 2007, being the assessment roll applicable to prop- erty in such subarea as of January 1 of the calendar year preceding the effective date of 51 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 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 this Ordinance No. 16-21. 52 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, as- sumed or otherwise, including bonds issued under authority of Section 403.9 or Section 403.12 of the Code of Iowa, incurred by the City of Dubuque, Iowa to finance or refinance, in whole or in part, urban renewal projects undertaken within the Amended Project Area pursuant to the Urban Renewal Plan, except that taxes for the regular and voter -approved physical plant and equipment levy of a school district imposed pursuant to Section 298.2 of the Code of Iowa and taxes for the instructional support program of a school district imposed pursuant to Section 257.19 (but in each case only to the extent required under Section 403.19(2)), taxes for the payment of bonds and interest of each taxing district, and taxes imposed under Section 346.77 (22) related to joint county -city buildings, shall be collected against all taxable property within the Amended Project Area without any limitation as hereinabove provided. Section 5: Unless or until the total assessed valuation of the taxable property in the subareas of the Amended Project Area exceeds the total assessed value of the taxable property in said subareas shown by the assessment rolls referred to in Section 3 of this Ordinance, all of the taxes levied and collected upon the taxable property in the Amended Project Area shall be paid into the funds for the respective taxing districts as taxes by or for the taxing districts in the same manner as all other property taxes. Section 6: At such time as the loans, monies advanced, bonds and interest thereon and indebtedness of the City of Dubuque referred to in Section 4 hereof have been paid, all monies thereafter received from taxes upon the taxable property in the Amended Pro- ject Area shall be paid into the funds for the respective taxing districts in the same manner as taxes on all other property. Section 7: All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. The provisions of this Ordinance are intended and shall be construed 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 Ordinance No. 18-18. In the event that any provision of this Ordinance shall be deter- mined to be contrary to law it shall not affect other provisions or application of this Ordi- nance 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 con- tained therein. Section 8: This Ordinance shall be in effect after its final passage, approval and publi- cation as provided by law. Passed and approved this 19t" day of April 2021. /s/Roy D. Buol, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 23rd day of April 2021. /s/Adrienne N. Breitfelder, City Clerk 7. Proceedings to Direct Advertisement for Sale of $29,395,000 Tax -Exempt General Obligation Bonds, Series 2021A and $12,940,000 Taxable General Obligation Bonds, 53 Series 2021 B, Approval of the Preliminary Official Statement, and Approval of Electronic Bidding Procedures: City Manager recommended City Council approval of the suggested proceedings for approving the advertisement for sale, preliminary Official Statement, and electronic bidding procedures for the $29,395,000 Tax -Exempt General Obligation Bonds, Series 2021A and $12,940,000 Taxable General Obligation Bonds, Series 2021 B. Motion by Resnick to receive and file the documents and adopt Resolution No. 131-21 Directing the Advertisement for sale of $29,395,000* (subject to adjustment per terms of offering) General Obligation Bonds, Series 2021A, and approving electronic bidding pro- cedures and distribution of preliminary official statement and Resolution No. 132-21 Di- recting the advertisement for sale of $12,940,000* (subject to adjustment per terms of offering) taxable General Obligation Bonds, Series 2021 B, and approving electronic bid- ding procedures and distribution of preliminary official statement. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 131-21 DIRECTING THE ADVERTISEMENT FOR SALE OF $29,395,000* (SUBJECT TO AD- JUSTMENT PER TERMS OF OFFERING) GENERAL OBLIGATION BONDS, SERIES 2021A, AND APPROVING ELECTRONIC BIDDING PROCEDURES AND DISTRIBU- TION OF PRELIMINARY OFFICIAL STATEMENT Whereas, the Issuer is in need of funds to pay costs of the opening, widening, extend- ing, grading, and draining of the right-of-way of streets, highways, avenues, alleys and public grounds; the construction, reconstruction, and repairing of any street improve- ments; the acquisition, installation, and repair of sidewalks, storm sewers, sanitary sew- ers, water service lines, street lighting, and traffic control devices; and the acquisition of any real estate needed for any of the foregoing purposes; the rehabilitation and improve- ment of City parks and the acquisition, repair and replacement of facilities, equipment and improvements commonly found in City parks; equipping the fire department; and refund- ing or refinancing outstanding indebtedness of the City, including General Obligation Bonds, Series 2012A, General Obligation Bonds, Series 2012B, General Obligation Bonds, Series 2012E, General Obligation Urban Renewal Bonds, Series 2012H, and General Obligation Bonds, Series 2014B, essential corporate purpose(s), and it is deemed necessary and advisable that General Obligation Bonds, to the amount of not to exceed $44,500,000 be authorized for said purpose(s); and Whereas, pursuant to notice published as required by Section 384.25 of the Code of Iowa, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of the Bonds, and the Council is therefore now authorized to proceed with the issuance of said Bonds for such purpose(s); and Whereas, the City is in need of funds to pay costs of the acquisition, improvement, and equipping of the fire station and facilities, general corporate purpose(s), and it is deemed necessary and advisable that General Obligation Bonds, to the amount of not to exceed $700,000 be authorized for said purpose(s); and Whereas, the Issuer has a population of more than 5,000 but not more than 75,000, and the Bonds for these purposes do not exceed $700,000; and Whereas, pursuant to notice published as required by Section 384.26 of the Code of Iowa, the Council of the City has held public meeting and hearing upon the proposal to institute proceedings for the issuance of Bonds for general corporate purpose(s) in the 54 amounts as above set forth, and, no petition for referendum having been received, the Council is therefore now authorized to proceed with the issuance of said Bonds for such purpose(s); and Whereas, the City is in need of funds to pay costs of the construction, renovation, remodeling, improvement, equipping and repairing of Town Clock Plaza; acquisition and implementation of computer equipment including financial and utility billing software; ac- quisition and equipping of a light duty minibus, general corporate purpose(s), and it is deemed necessary and advisable that General Obligation Bonds, to the amount of not to exceed $700,000 be authorized for said purpose(s); and Whereas, the Issuer has a population of more than 5,000 but not more than 75,000, and the Bonds for these purposes do not exceed $700,000; and Whereas, pursuant to notice published as required by Section 384.26 of the Code of Iowa, the Council of the City has held public meeting and hearing upon the proposal to institute proceedings for the issuance of Bonds for general corporate purpose(s) in the amounts as above set forth, and, no petition for referendum having been received, the Council is therefore now authorized to proceed with the issuance of said Bonds for such purpose(s); and Whereas, the City is in need of funds to pay costs of acquisition and equipping of a heavy duty fixed route bus, general corporate purpose(s), and it is deemed necessary and advisable that General Obligation Bonds, to the amount of not to exceed $600,000 be authorized for said purpose(s); and Whereas, the Issuer has a population of more than 5,000 but not more than 75,000, and the Bonds for these purposes do not exceed $700,000; and Whereas, pursuant to notice published as required by Section 384.26 of the Code of Iowa, the Council of the City has held public meeting and hearing upon the proposal to institute proceedings for the issuance of Bonds for general corporate purpose(s) in the amounts as above set forth, and, no petition for referendum having been received, the Council is therefore now authorized to proceed with the issuance of said Bonds for such purpose(s); and Whereas, pursuant to Section 384.28 of the Code of Iowa, it is hereby found and de- termined that the various general obligation bonds authorized as hereinabove described shall be combined for the purpose of issuance in a single issue of $29,395,000* General Obligation Bonds as hereinafter set forth; and Whereas, in conjunction with its Municipal Advisor, Independent Public Advisors, LLC, and Disclosure Counsel, the City has caused a Preliminary Official Statement to be pre- pared outlining the details of the proposed sale of the Bonds; and Whereas, the Council has received information from its Municipal Advisor evaluating and recommending the procedure hereinafter described for electronic, facsimile and In- ternet bidding to maintain the integrity and security of the competitive bidding process and to facilitate the delivery of bids by interested parties; and Whereas, the Council deems it in the best interests of the City and the residents thereof to receive bids to purchase such Bonds by means of both sealed and electronic internet communication. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: 55 That the receipt of electronic bids by facsimile machine, email and through the Parity Competitive Bidding System described in the Notice of Sale and Official Statement are hereby found and determined to provide reasonable security and to maintain the integrity of the competitive bidding process, and to facilitate the delivery of bids by interested par- ties in connection with the offering at public sale. That General Obligation Bonds, Series 2021A, of City of Dubuque, State of Iowa, in the amount of $29,395,000* (Subject to Adjustment per Terms of Offering), to be issued as referred to in the preamble of this Resolution, to be dated June 2, 2021, be offered for sale pursuant to the published advertisement. That the preliminary Official Statement in the form presented to this meeting be and the same hereby is approved as to form and deemed final for purposes of Rule 15c2-12 of the Securities and Exchange Commission, subject to such revisions, corrections or modifications as the Mayor and City Clerk, upon the advice of bond counsel, disclosure counsel, and the City's Municipal Advisor, shall determine to be appropriate, and is au- thorized to be distributed in connection with the offering of the Bonds for sale. That the Clerk is hereby directed to publish notice of sale of the Bonds at least once, the last one of which shall be not less than four clear days nor more than twenty days before the date of the sale. Publication shall be made in the Telegraph Herald, a legal newspaper, printed wholly in the English language, published within the county in which the Bonds are to be offered for sale or an adjacent county. The notice is given pursuant to Chapter 75 of the Code of Iowa, and shall state that this Council, on the 3rd day of May, 2021, at 6:30 p.m., will hold a meeting to receive and act upon bids for said Bonds, which bids were previously received and opened by City Officials at 10:00 a.m. on said date. The notice shall be in substantially the [provided] form: Passed and approved this 19t" day of April 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 132-21 DIRECTING THE ADVERTISEMENT FOR SALE OF $12,940,000* (SUBJECT TO AD- JUSTMENT PER TERMS OF OFFERING) TAXABLE GENERAL OBLIGATION BONDS, SERIES 2021 B, AND APPROVING ELECTRONIC BIDDING PROCEDURES AND DISTRIBUTION OF PRELIMINARY OFFICIAL STATEMENT Whereas, the Issuer is in need of funds to pay costs of refunding or refinancing out- standing indebtedness of the City, including Taxable General Obligation Bonds, Series 2012C, Taxable General Obligation Bonds, Series 2012F, and Taxable General Obliga- tion Bonds, Series 2014C, essential corporate purpose(s), and it is deemed necessary and advisable that Taxable General Obligation Bonds, to the amount of not to exceed $44,500,000 be authorized for said purpose(s); and Whereas, pursuant to notice published as required by Section 384.25 of the Code of Iowa, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of the Bonds, and the Council is therefore now authorized to proceed with the issuance of said Bonds for such purpose(s); and Whereas, the City is in need of funds to pay costs of the reconstruction, expansion of and improvements to the Riverfront docking facility; general corporate purpose(s), and it 56 is deemed necessary and advisable that Taxable General Obligation Bonds, to the amount of not to exceed $700,000 be authorized for said purpose(s); and Whereas, the Issuer has a population of more than 5,000 but not more than 75,000, and the Bonds for these purposes do not exceed $700,000; and Whereas, pursuant to notice published as required by Section 384.26 of the Code of Iowa, the Council of the City has held public meeting and hearing upon the proposal to institute proceedings for the issuance of Bonds for general corporate purpose(s) in the amounts as above set forth, and, no petition for referendum having been received, the Council is therefore now authorized to proceed with the issuance of said Bonds for such purpose(s); and Whereas, the Issuer is in need of funds to pay costs of aiding in the planning, under- taking and carrying out of urban renewal projects under the authority of Chapter 403 and the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Re- newal District, such as those costs associated with the construction, renovation, remod- eling, improvement, equipping and repairing of parking garages and ramps, essential cor- porate urban renewal purpose project(s), and it is deemed necessary and advisable that the City issue Taxable General Obligation Bonds, for such purpose(s) to the amount of not to exceed $950,000 as authorized by Sections 384.25 and 403.12 of the Code of Iowa; and Whereas, pursuant to notice published as required by Sections 384.25 and 403.12 this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of said Bonds, and all objections, if any, to such Council action made by any resident or property owner of the City were received and considered by the Council; and no petition having been filed, it is the decision of the Council that additional action be taken for the issuance of said Bonds for such purpose(s), and that such action is consid- ered to be in the best interests of the City and the residents thereof; and Whereas, pursuant to Section 384.28 of the Code of Iowa, it is hereby found and de- termined that the various general obligation bonds authorized as hereinabove described shall be combined for the purpose of issuance in a single issue of $12,940,000* (Subject to Adjustment Per Terms of Offering) General Obligation Bonds as hereinafter set forth; and Whereas, in conjunction with its Municipal Advisor, Independent Public Advisors, LLC, and Disclosure Counsel, the City has caused a Preliminary Official Statement to be pre- pared outlining the details of the proposed sale of the Bonds; and Whereas, the Council has received information from its Municipal Advisor evaluating and recommending the procedure hereinafter described for electronic, email, facsimile and internet bidding to maintain the integrity and security of the competitive bidding pro- cess and to facilitate the delivery of bids by interested parties; and Whereas, the Council deems it in the best interests of the City and the residents thereof to receive bids to purchase such Bonds by means of both sealed and electronic internet communication. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: That the receipt of electronic bids by facsimile machine, email and through the Parity Competitive Bidding System described in the Notice of Sale and Official Statement are hereby found and determined to provide reasonable security and to maintain the integrity 57 of the competitive bidding process, and to facilitate the delivery of bids by interested par- ties in connection with the offering at public sale. That Taxable General Obligation Bonds, Series 2021 B, of City of Dubuque, State of Iowa, in the amount of $12,940,000* (Subject to Adjustment per Terms of Offering), to be issued as referred to in the preamble of this Resolution, to be dated June 2, 2021, be offered for sale pursuant to the published advertisement. That the preliminary Official Statement in the form presented to this meeting be and the same hereby is approved as to form and deemed final for purposes of Rule 15c2-12 of the Securities and Exchange Commission, subject to such revisions, corrections or modifications as the Mayor and City Clerk, upon the advice of bond counsel, disclosure counsel, and the City's Municipal Advisor, shall determine to be appropriate, and is au- thorized to be distributed in connection with the offering of the Bonds for sale. That the Clerk is hereby directed to publish notice of sale of the Bonds at least once, the last one of which shall be not less than four clear days nor more than twenty days before the date of the sale. Publication shall be made in the Telegraph Herald, a legal newspaper, printed wholly in the English language, published within the county in which the Bonds are to be offered for sale or an adjacent county. The notice is given pursuant to Chapter 75 of the Code of Iowa, and shall state that this Council, on the 3rd day of May, 2021, at 6:30 p.m., will hold a meeting to receive and act upon bids for said Bonds, which bids were previously received and opened by City Officials at 10:00 a.m. on said date. The notice shall be in substantially the [provided] form: Passed and approved this 19t" day of April 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 8. Enterprise Resource Planning (ERP) Project Recommendation and Contract Ap- proval: City Manager recommended City Council approval of Tyler Technologies cloud - hosted Munis and EnerGov systems for the Enterprise Resource Planning (ERP) system. Motion by Jones to receive and file the documents and approve the contract. Seconded by Roussell. Motion carried 7-0. 9. Re -Imagine Comiskey Presentation and Master Plan and Phase 1 Plan Approval: City Manager recommended City Council approval of the Re -Imagine Comiskey Master Plan and Phase 1 Plan. Motion by Sprank to receive and file the documents and view the presentation. Seconded by Resnick. Point of Order by Jones that the suggested disposi- tion for the item includes approving the plan. Mayor Buol requested confirmation from Council Members Sprank and Resnick that they accept amending the motion to include approving the plan. Council Members Sprank and Resnick both accepted the amended motion. Abbie Moilien of Saiki Design provided a presentation. Topics included: • Public Engagement • Goals • Public Meeting #1 • Community Survey • Focus Groups • PARKitecture Workshop • Public Meeting #2 m • Site Design • Master Plan • Phase I Plan • Budget • Phase 1 Available Funding • Schedule 2021-2022 Responding to a question from the City Council, Ms. Moilien stated that portions of the park will be closed during construction, but the entire park will not be closed. Leisure Services Manager Marie Ware responded to a question from the City Council regarding the telephone wires located in the park. Ms. Ware stated that the telephone wires will remain after construction. City Council Members expressed support for the project. Mo- tion carried 7-0. 10. Request to Schedule Monthly Work Session on COVID-19 Response: City Man- ager requested the City Council schedule a work session for July 6, 2021 at 5:30 p.m. to receive updates on the COVID-19 response. Motion by Cavanagh to receive and file the documents and schedule the work session as recommended. Seconded by Farber. No schedule conflicts were expressed. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Jones reported on the recent passing of former United States Vice President Walter Mondale. Motion by Jones to convene in closed session at 8:36 p.m. to discuss pending litigation and purchase or sale of real estate — Chapter 21.5(1)(c),Q) Code of Iowa. Seconded by Resnick. Mayor Buol 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. City Attorney Brumwell stated that Assistant City Attorney Maureen Quann will also con- sult in the closed session. Motion carried 7-0. Upon motion, the City Council reconvened in open session at 10:49 p.m. stating that staff had been given proper direction. There being no further business, Mayor Buol declared the meeting adjourned at 10:49 p.m. /s/Adrienne N. Breitfelder, City Clerk 59