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09 20 21 City Council Proceedings Official_Special and RegularCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:00 p.m. on September 20, 2021, in the second -floor Council Chambers of the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol (attended via phone and joined at 5:10 p.m. due to technical difficulties); Mayor Pro Tern Sprank (chaired the meeting due to Mayor Buol's attendance via phone); Council Members Cavanagh, Farber, Jones, Resnick, Roussell; City Manager Van Milligen, City Attorney Brumwell. Mayor Pro Tern Sprank read the call and stated this is a special session of the City Council called for the purpose of conducting work sessions on the Project HOPE Quarterly Update and the Dubuque Regional Airport Master Plan. WORK SESSIONS (2) 1. Project HOPE Quarterly Update: Staff from the Community Foundation of Greater Dubuque presented a quarterly report on Project HOPE's ongoing work. Peter Supple, Economic Opportunity Coordinator; Alex Baum, Knowledge Management Director; and Donna Loewen, Local College Access Network Coordinator, made a presentation. Topics included: • Collective Impact Model • Current Project HOPE Initiatives: o Office of Shared Prosperity Support o MIT Good Companies, Good Jobs Initiative o Youth Empowerment Coalition (YEC) • Additional Initiatives • Dubuque College Access Network (DCAN) The presenters responded to questions from the City Council regarding strategies for engaging underserved populations, DCAN funding options, and how businesses can be involved with the YEC. This work session concluded at 5.31 p.m. 2. Dubuque Regional Airport Master Plan: Airport Director Todd Dalsing introduced Mike Dmyterko of Coffman and Associates who provided a presentation on the Dubuque Regional Airport Master Plan. Topics included: • Master Plan Process • Public Outreach • Forecast Findings • Recommended Development Concept • Areas of Development • Zoning Map • Future Land Use • Development Staging • Projects Not Included in CIP • Economic Benefit Analysis • Next Steps 1 Mr. Dmyterko responded to questions from the City Council regarding the Federal Aviation Administration (FAA) approval process for the master plan and how the FAA plans for accidents. There being no further business, Mayor Pro Tern Sprank declared the meeting adjourned at 6:09 p.m. /s/Adrienne N. Breitfelder, City Clerk 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 September 20, 2021, in the second -floor Council Chambers of the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol (attended via phone); Mayor Pro Tem Sprank (chaired the meeting due to Mayor Buol's attendance via phone); Council Members Cavanagh, Farber, Jones, Resnick, Roussell; City Manager Van Milligen, City Attorney Brumwell. Mayor Pro Tern Sprank read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE PROCLAMATION(S) 1. National Rail Safety Week Proclamation (September 20-26, 2021) was accepted by Assistant City Engineer Bob Schiesl on behalf of CN and the City of Dubuque Engineering Department. CONSENT ITEMS Randy and Mimi Vaassen, 9843 Katie Cove, approached the podium to speak about Action Item No. 3. Point of order by City Attorney Brumwell that public input on action items occurs during the public input section of the meeting. Council Member Jones requested Item No. 20 be held for separate discussion. Motion by Resnick to receive and file the documents, adopt the resolutions, and dispose of as indicated, except for Item No. 20. Seconded by Jones. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council proceedings of 9/7; Library Board of Trustees Update of 8/26; Zoning Advisory Commission of 9/1; Zoning Board of Adjustment of 8/26; Proof of publication for City Council proceedings of 8/23, 8/24, and 8/25. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Lisa Delaney for vehicle damage; Suzan Taliaferro for personal injury. Upon motion the documents were received, filed, and referred to the City Attorney. 3. Disposition of Claims: City Attorney advised that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Lisa Delaney for vehicle damage; Suzan Taliaferro for personal injury. Upon motion the documents were received, filed, and concurred. 4. Approval of City Expenditures: City Manager recommended City Council approval for payment of City expenditures. Upon motion the documents were received and filed, and Resolution No. 313-21 Authorizing the Director of Finance and Budget/City Treasurer to make certain payments of bills that must be paid and approved for payment in accordance with City procedures was adopted. 9 RESOLUTION NO. 313-21 AUTHORIZING THE DIRECTOR OF FINANCE AND BUDGET / CITY TREASURER TO MAKE CERTAIN PAYMENTS OF BILLS THAT MUST BE PAID AND APPROVED FOR PAYMENT IN ACCORDANCE WITH CITY PROCEDURES Whereas, Section 1-7-7(E) of the Municipal Code of the City of Dubuque provides that the Finance Director -City Treasurer shall keep an accurate account of all disbursements, money, or property, specifying date, to whom, and from what fund paid; and Whereas, the invoices, presented by those firms and persons providing such goods and services have been pre -audited by Finance Department personnel in accordance with generally accepted internal control procedures and have been determined to have been requisitioned for a lawful municipal purpose; and Whereas, the Finance Director -City Treasurer has provided a list of Expenditures attached hereto, and by this reference made a part hereof, to be drawn to pay for goods and services provided for City purposes; and Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 142-18 adopted May 7, 2018, authorized the Finance Director -City Treasurer to issue checks in payment of certain expenditures known as Exception Expenditures prior to City Council approval and such list is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The Finance Director -City Treasurer is hereby authorized to issue payment for goods and services provided for City purposes in response to the purchase orders and contracts issued in compliance with state and municipal code requirements as requested by designated requisitioning authorities in accordance with approved budget appropriations. Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Finance Director are hereby authorized and directed to provide the statement of receipts and disbursements to the City Council, and to publish a summary thereof. Passed, approved, and adopted this 20th day of September, 2021. Danny C. Sprank, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk 5. Resolution Approving Fund Transfers for Parking Operating and Capital Deficit: City Manager recommended approval of the suggested proceedings approving a transfer of funds from the Greater Downtown Tax Increment Financing Special Revenue Fund to the Parking Operating and Capital Funds for the deficits caused by COVID-19 in Fiscal Years 2020 and 2021. Upon motion the documents were received and filed, and Resolution No. 314-21 Authorizing the Director of Finance and Budget to make the appropriate interfund transfers of sums and record the same in the appropriate manner for the FY 2021 for the City of Dubuque, Iowa was adopted. RESOLUTION NO. 314-21 AUTHORIZING THE DIRECTOR OF FINANCE AND BUDGET TO MAKE THE APPROPRIATE INTERFUND TRANSFERS OF SUMS AND RECORD THE SAME IN THE APPROPRIATE MANNER FOR THE FY 2021 FOR THE CITY OF DUBUQUE, IOWA Whereas, Iowa Administrative Rules Code Section 545-2.5(5) implements Iowa Code Section 384.18 and provides that the City Council shall approve all transfers of moneys from one budgeted fund to another budgeted fund as provided in Iowa Administrative Rules Code Section 545-2.5(5). NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: El Section 1. Authorize the Director of Finance and Budget to Transfer Funds. That the Director of Finance and Budget be and is hereby authorized by the City Council to make the appropriate interfund transfer of sums and record the same in the appropriate manner for FY 2021. Section 2. Transfer of Funds. That the Director of Finance and Budget will transfer the following sums and to record the same in the appropriate manner: 1. Transfer from the Greater Downtown Tax Increment Financing Special Revenue Fund to the Parking Operating Fund $635,788.16 to fund the Fiscal Year 2020 and 2021 deficit caused by COVID-19. 2. Transfer from the Greater Downtown Tax Increment Financing Special Revenue Fund to the Parking Construction Fund $1,046,607.01 to fund the Fiscal Year 2020 and 2021 deficit caused by COVID-19. Passed, approved and adopted this 201" day of September 2021. Danny C. Sprank, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk 6. Final Plat of Cedar Ridge Farm Place No. 19: Zoning Advisory Commission recommended approval of the Final Plat of Cedar Ridge Farm Place No. 19 subject to waiving the lot frontage requirement for Lot 1 and Lot 2. Upon motion the documents were received and filed, and Resolution No. 315-21 Approving the Final Plat of: Cedar Ridge Farm Place No. 19, City of Dubuque, Dubuque County, Iowa was adopted. RESOLUTION NO. 315-21 APPROVING THE FINAL PLAT OF: CEDAR RIDGE FARM PLACE NO. 19, CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, there has been filed with the City Clerk a Final Plat of Cedar Ridge Farm Place No. 19, City of Dubuque, Dubuque County, Iowa; and Whereas, said Final Plat provides 0 feet of frontage for Lot 1 and Lot 2 on a public or approved private street, where street frontage is required by Section 11-14 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code; and Whereas, said Final Plat has been examined by the Zoning Advisory Commission and its approval has been endorsed thereon; and Whereas, said Final Plat has been examined by the City Council and they find that it conforms to the statues and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA- Section 1. That Section 11-14 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is waived to allow 0 feet of frontage on a public street or an approved private street. Section 2. That the Final Plat of Cedar Ridge Farm Place No. 19, City of Dubuque, Dubuque County, Iowa is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said Final Plat. Passed, approved and adopted this 20th day of September 2021. Danny C. Sprank, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk 7. Pre -Annexation Agreement - Spencer J. and Emily A. Birkenholz: City Manager recommended approval of a Pre -Annexation Agreement with Spencer J. and Emily A. Birkenholz, property owners, for property located at 10121 Timothy Street in Dubuque County, in conjunction with their request to connect to City water. Upon motion the documents were received and filed, and Resolution No. 316-21 Approving a Pre -Annexation Agreement between 5 the City of Dubuque, Iowa and Spencer J. and Emily A. Birkenholz was adopted. RESOLUTION NO. 316-21 APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND SPENCER J. AND EMILY A. BIRKENHOLZ Whereas, Spencer J. and Emily A. Birkenholz, the owner of the following described property located at 10121 Timothy Street in Dubuque County, Iowa (the Property) have submitted to the City Council of the city of Dubuque an application for voluntary annexation of the Property to the City of Dubuque: Lot 7 of Twin Ridge Subdivision No. 5 in Section 12, table Mound Township, Dubuque County, Iowa, according to the recorded plat thereof. Whereas, Spencer J. and Emily A. Birkenholz has entered into a Pre -annexation Agreement with the City of Dubuque, a copy of which is attached hereto governing the future annexation of the Property; and Whereas, the Property is not subject to an existing annexation moratorium; and Whereas, the Property does not include any state or railroad property; and Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property in Dubuque County, Iowa and the extension of city limits by voluntary annexation; and Whereas, the annexation of the Property is consistent with the Comprehensive Plan of the City of Dubuque, necessary for the future orderly growth and development of the City of Dubuque, and will promote efficient and cost-effective extension of municipal services; and Whereas, the City Council finds that the annexation of the Property is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Pre -annexation Agreement by and between Spencer J. and Emily A. Birkenholz and the City of Dubuque is hereby approved. Passed, approved and adopted this 20th day of September 2021. Danny C. Sprank, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk 8. Pre -Annexation Agreement - Nicholas and Kaylyn Hoffmann: City Manager recommended approval of a Pre -Annexation Agreement with Nicholas and Kaylyn Hoffmann, property owners, for property located at 9970 Four Sisters Court in Dubuque County, in conjunction with their request to connect to City water. Upon motion the documents were received and filed, and Resolution No. 317-21 Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Nicholas and Kaylyn Hoffmann was adopted. RESOLUTION NO. 317-21 APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND NICHOLAS AND KAYLYN HOFFMANN Whereas, Nicholas and Kaylyn Hoffmann, the owner of the following described property located at 9970 Four Sisters Court in Dubuque County, Iowa (the Property) have submitted to the City Council of the city of Dubuque an application for voluntary annexation of the Property to the City of Dubuque: Lot 5 of Twin Ridge Subdivision No. 5 in Section 12, Table Mound Township, Dubuque County, Iowa, according to the recorded plat thereof. Whereas, Nicholas and Kaylyn Hoffmann has entered into a Pre -annexation Agreement with the City of Dubuque, a copy of which is attached hereto governing the future annexation of the Property; and A Whereas, the Property is not subject to an existing annexation moratorium; and Whereas, the Property does not include any state or railroad property; and Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property in Dubuque County, Iowa and the extension of city limits by voluntary annexation; and Whereas, the annexation of the Property is consistent with the Comprehensive Plan of the City of Dubuque, necessary for the future orderly growth and development of the City of Dubuque, and will promote efficient and cost-effective extension of municipal services; and Whereas, the City Council finds that the annexation of the Property is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Pre -annexation Agreement by and between Nicholas and Kaylyn Hoffmann and the City of Dubuque is hereby approved. Passed, approved and adopted this 20th day of September 2021. Danny C. Sprank, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk 9. Intent to Apply for 2021-2022 MLK Day of Service Grant: City Manager recommended approval to apply for the 2021-2022 MLK Day of Service Grant in the amount of $10,000. Upon motion the documents were received, filed, and approved. 10. Intent to Apply for Iowa Tourism Grant: City Manager recommended approval to apply for an Iowa Tourism Grant in the amount of $10,000. Upon motion the documents were received, filed, and approved. 11. Intent to Apply for Iowa Arts Council American Rescue Plan Arts Grant to Organizations: City Manager requested approval to apply for the Iowa Arts Council American Recue Plan Arts Grant to Organizations in the amount of $20,000. Upon motion the documents were received, filed, and approved. 12. Proposed Downtown Rehabilitation Grant Award for 2900 Central Avenue: City Manager recommended approval of a Downtown Rehabilitation Loan Program Grant Award to Dub Jones Real Estate, LLC for rehabilitation of 2900 Central Avenue in the maximum amount of $10,000 for fagade improvement and Planning & Design grant at $10,000 maximum. Upon motion the documents were received and filed, and Resolution No. 318-21 Approving a Grant Agreement between the City of Dubuque, Iowa and Dub Jones Real Estate, LLC for the redevelopment of 2900 Central Avenue was adopted. RESOLUTION NO. 318-21 APPROVING A GRANT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND DUB JONES REAL ESTATE, LLC FOR THE REDEVELOPMENT OF 2900 CENTRAL AVENUE Whereas, Dub Jones Real Estate, LLC is the owner of the building at 2900 Central Avenue in the City of Dubuque, Iowa (the "Development Property") legally described as: The Westerly 85 feet of Lot 297 in Davis Farm, a part of Dubuque, in the City of Dubuque, Iowa, according to the recorded plat thereof. Whereas, Dub Jones Real Estate, LLC has applied to the City of Dubuque Economic Development Department (the "City") for a Fagade Grant and a Planning & Design Grant (the "Grants") for the rehabilitation of the Development Property (the "Project"); and Whereas, the Project is eligible for the Grants; and Whereas, City and Dub Jones Real Estate, LLC has tentatively entered into a Grant 7 Agreement for the Development Property (the "Grant Agreement"), a copy of which is attached hereto; and Whereas, it is the determination of the City Council that approval of the Grant Agreement for redevelopment of the Development Property by Dub Jones Real Estate, LLC, according to the terms and conditions set out in the Grant Agreement, is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Grant Agreement between the City of Dubuque and Dub Jones Real Estate, LLC is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the Grant Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. That the City Manager is authorized to take such actions as are necessary to comply with the terms of the Grant Agreement as herein approved. Passed, approved and adopted this 20th day of September, 2021. Danny C. Sprank, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk 13. 2021 Stumps / Sidewalk Project Two: City Manager recommended that the award for the 2021 Stumps / Sidewalk Project Two be officially recorded in the minutes of the City Council. Upon motion the documents were received, filed and made a Matter of Record. 14. Bee Branch Railroad Culvert Trail Project: Land & Water Conservation Fund Grant, Project Agreement: City Manager recommended approval of a resolution authorizing execution of the Project Agreement between the Iowa Department of Natural Resources, the Land & Water Conservation Fund, and the City in order to secure the use of $175,000.00 in a Land & Water Conservation Fund grant for the Bee Branch Railroad Culverts Trail Project. Upon motion the documents were received and filed, and Resolution No. 319-21 Approving a Federal Land & Water Conservation Fund Program Project Agreement between the Iowa Department of Natural Resources, the Land & Water Conservation Fund, and the City of Dubuque, Iowa for the Bee Branch Creek Trail Connector Project was adopted. RESOLUTION NO. 319-21 APPROVING A FEDERAL LAND & WATER CONSERVATION FUND PROGRAM PROJECT AGREEMENT BETWEEN THE IOWA DEPARTMENT OF NATURAL RESOURCES, THE LAND & WATER CONSERVATION FUND, AND THE CITY OF DUBUQUE, IOWA FOR THE BEE BRANCH CREEK TRAIL CONNECTOR PROJECT Whereas, the City of Dubuque City Council adopted Resolution 70-19 authorizing an application for National Park Service Land & Water Conservation Fund (LWCF) grant funding for the Bee Branch Railroad Culverts Project, also known as the Bee Branch Creek Trail Connector Project; and Whereas, the National Park Service has approved $175,000.00 in federal assistance from the Land & Water Conservation Fund (LWCF) for the Bee Branch Creek Trail Connector Project; and Whereas, the Iowa Department of Natural Resources administers the LWCF grant and has provided a Project Agreement outlining the terms under which the City of Dubuque can utilize the LWCF grant; and Whereas, the City Council has determined that execution of the Project Agreement is in the best interest of the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Land and Water Conservation Fund Project Agreement is hereby approved. Section 2. The City Manager is hereby authorized to execute the Project Agreement and such other documents as are necessary to bind the City and to deliver the Project Agreement and other such documents as the Iowa Department of Natural Resources may reasonably request. Passed, adopted, and approved this 20th day of September, 2021. Danny C. Sprank, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk 15. Pennsylvania Avenue Right of Way Platting: City Manager recommended approval of the Acquisition Plat of Lot 2A of Dubuque Industrial Center North Third Addition in the City of Dubuque, which provides additional right-of-way for future improvements to Pennsylvania Avenue. Upon motion the documents were received and filed, and Resolution No. 320-21 Approving the Acquisition Plat of Lot 2A of Dubuque Industrial Center North Third Addition in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 320-21 APPROVING THE ACQUISITION PLAT OF LOT 2A OF DUBUQUE INDUSTRIAL CENTER NORTH THIRD ADDITION IN THE CITY OF DUBUQUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated September 13, 2021 prepared by the City of Dubuque Engineering Department describing Lot 2A of Dubuque Industrial Center North Third Addition in the City of Dubuque, Iowa; and Whereas, said plat conforms to the laws and statues pertaining thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat date September 13, 2021, prepared by the City of Dubuque Engineering Department, relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder, in and for Dubuque County, Iowa. Passed, approved and adopted this 20th day of September 2021. Danny C. Sprank, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk 16. 16th & Kerper Peosta Channel Bridge Fiber Collaboration Project: City Manager recommended acceptance of the construction contract for the 16th & Kerper Peosta Channel Bridge Fiber Collaboration Project, as completed by McDermott Excavating, in the final contract amount of $90,823.13 which is a 3.7% increase from the original contract amount of $87,465.88. Upon motion the documents were received and filed, and Resolution No. 321-21 Accepting the 16th & Kerper Peosta Channel Bridge Fiber Collaboration Project and authorizing the payment to the contractor was adopted. RESOLUTION NO. 321-21 ACCEPTING THE 16TH & KERPER PEOSTA CHANNEL BRIDGE FIBER COLLABORATION PROJECT AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for 16th & Kerper Peosta Channel Bridge Fiber Collaboration Project, (the Project) has been completed by the Contractor, McDermott 9 Excavating, (Contractor), the City Engineer has examined the work and recommends that the Project be accepted; and Whereas, the final contract amount for the Project is $90,823.13; and Whereas, the Contractor has previously been paid $86,281.97, leaving a balance of $4,541.16; and Whereas, the City Council finds that the recommendation of the City Engineer should be accepted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved, and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor the balance of the retainage of $4,541.16 as provided in Iowa Code chapter 573, and to pay such retainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code chapter 26.13. Passed, approved and adopted this 20th day of September 2021. Danny C. Sprank, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF 16TH & KERPER PEOSTA CHANNEL BRIDGE FIBER COLLABORATION PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the 16th & Kerper Peosta Channel Bridge Fiber Collaboration Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $100,646.26. Dated this 13th day of September 2021. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 13t" day of September 2021. /s/Adrienne N. Breitfelder, City Clerk 17. Signed Contract(s): Vendor Service Agreement with Hawkins Inc. for the Eagle Point Water Plant Sodium Hypochlorite; Seventh Amendment to Facility Management Agreement with Platinum Hospitality Group, LLC. Upon motion the documents were received and filed. 18. Improvement Contracts / Performance, Payment and Maintenance Bonds: Temperley Excavating, Inc. for the Jonathan Lane, Cider Ridge and Orchard Drive Water Main Replacement. Upon motion the documents were received, filed, and approved. 19. Iowa Department of Public Health (IDPH) Childhood Lead Poisoning and Healthy Homes Funding and Agreement with the Visiting Nurse Association (VNA) and the Dubuque County Board of Health: City Manager recommended approval of a contract with the Dubuque County Board of Health and the Iowa Department of Public Health for continued funding of the Childhood Lead Poisoning Prevention Program and a renewed agreement with the Visiting Nurse Association for services related to the Childhood Lead Poisoning Prevention Program and Healthy Homes Program. Upon motion the documents were received, filed, and approved. 20. City Tow Contract: City Manager recommended award of the FY2022-FY2025 City of Dubuque Tow Contract to Wenzel Towing. Council Member Jones reported that all City Council members received an email from one of the towing companies expressing concern that customers do not have the opportunity to request their preferred towing company when they experience a traffic incident. Chief of Police Mark Dalsing stated that vehicle owners determine 10 who they contact to tow their vehicle in an auto incident, except if the vehicle is blocking traffic or the vehicle is abandoned. Motion by Jones to receive and file the information and approve the contract. Seconded by Resnick. Motion carried 7-0. 21. SRO and DARE Contracts for 2021-2022 School Year: City Manager recommended approval of the School Resource Officer (SRO) and DARE Contracts between the City of Dubuque and the Dubuque Community School District (DCSD) for the CY 2021- 2022 school year. Upon motion the documents were received, filed, and approved. 22. Iowa Department of Transportation Lease Agreement at Jule Operations and Training Center: City Manager recommended approval to extend the lease agreement with the Iowa Department of Transportation for use of the CDL Course at the Jule Operations and Training Center for Commercial Driver's License testing through August 31, 2022. Upon motion the documents were received, filed, and approved. 23. Proposed Amendment to Master Co -Location and Shared Services Between the City of Dubuque and Interstate power and Light: City Manager recommended approval of Amendment 6 to the Master Co -location and Shared Services Agreement with Interstate Power and Light (IPL) for installation of a shared fiber conduit route within the City of Dubuque. Upon motion the documents were received, filed, and approved. 24. Proposed Amendment to Master Co -Location and Shared Services Between the City of Dubuque and Interstate Power and Light: City Manager recommended approval of Amendment 7 to the Master Co -location and Shared Services Agreement with Interstate Power and Light (IPL) for purchase of a conduit system which crosses the Iowa and Wisconsin Bridge over the Mississippi River. Upon motion the documents were received, filed, and approved. 25. Liquor License Renewals: City Manager recommended approval of annual beer, liquor and wine licenses as submitted. Upon motion the documents were received and filed, and Resolution No. 322-21 Approving applications for beer, liquor, and/or wine permits, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 322-21 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQUOR, BEER AND WINE LICENSES AND PERMITS Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted and filed with the City Council for approval, and the same have been examined, provisionally approved, and/or approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City, and the applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City Clerk is hereby authorized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required documentation: New Applications 11 The Magnolia Events LLC , 168 East 10th Street RPnPM/nIC Driftless Catering, LLC, 168 East 10th St. EZ STOP II, 700 Rhomberg Ave. Knicker's Saloon, 2186 Central Ave. Locust Tobacco & Liquor, 408 W. Locust St. Phillips 66/Arby's, 10 South Main St. Southend Tap, 55 Locust St. Special Event(s) per Special Event Application Submittal Backpocket Junior Ballroom 10-2-21 to 10-6-21, 333 East 10th St. Dubuque Jaycees - Millwork Night Market 10-10-21 to 10-14-21, 7th and Jackson to 9th and Jackson + East 8th Street to Elm St Dubuque Museum of Art 10-1-21 to 10-5-21, 7th Street, between Bluff & Locust St. Sertoma - 10-1-21 to 10-5-21, 4th and Bluff Streets Provisional Issuances Dubuque Jaycees - Blocktoberfest 9-7-21 to 9-11-21, Washington between loth & l ltn loth between Jackson & Washington, and Jackson between 1011 and 11th Dubuque Jaycees - Millwork Night Market 9-5-21 to 9-9-21, 7th & Jackson to 9th and Jackson + East 8th Street to Elm St. Passed, approved, and adopted this 20th day of September 2021. Danny C. Sprank, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk BOARDS/COMMISSIONS Appointments were made to the following boards/commissions: i. Airport Commission: Two, 4-Year terms through September 14, 2025 (Expiring terms of Brotherton and Kurtz- Weber). Applicants: Douglas Brotherton, 2823 Hickory Hill Dr. Marianne Kurtz -Weber, 955 Prince Philip Dr. This commission is subject to the State of Iowa Gender Balance Law. 5 Commissioners total; currently 1 male/2 females/2 openings. Motion by Cavanagh to appoint Mr. Brotherton and Ms. Kurtz -Weber to the two four-year terms through September 14, 2025. Seconded by Roussell. Motion carried 7-0. ii. Building Code Advisory and Appeals Board: One, 3-Year term through January 1, 2024 (Vacant HVAC Construction Professional term of Swift). Applicant: Corey Valaskey, 1385 Alta Vista (Applying for HVAC Construction Professional). Motion by Jones to appoint Mr. Valaskey to the three-year term through January 1, 2024. Seconded by Farber. Motion carried 7-0. iii. Historic Preservation Commission: One, 3-Year term through July 1, 2024 (Vacant term of Doyle)* Applicant: William Doyle, 1591 White St. This commission is subject to the State of Iowa Gender Balance Law. 9 Commissioners total; currently 5 males/2 females/2 openings *Opening was advertised for 90 days while non -male identifying applicants were sought in adherence with Iowa Code 69.16A Gender Balance. Additional openings on the commission are being advertised for 90 days while nonmale identifying applicants are sought in adherence with Iowa Code 69.16A Gender Balance. Motion by Roussell to appoint Mr. Doyle to the three-year term through July 1, 2024. Seconded by Farber. Motion carried 7-0. iv. Housing Trust Fund Advisory Committee: One, 3-Year term through August 17, 2024 (Expired term of Holz) Applicant: James Holz, 3010 Indiana Ct. Motion by Jones to appoint Mr. 12 Holz to the three-year term through August 17, 2024. Seconded by Resnick. Motion carried 7- 0. v. Long Range Planning Advisory Commission: One, 3-Year term through July 1, 2024 (Vacant term of Pregler) Applicant: Beth McGrath, 2575 Saint Anne Drive. Motion by Cavanagh to appoint Ms. McGrath to the three-year term through July 1, 2024. Seconded by Farber. Motion carried 7-0. PUBLIC HEARINGS 1. Amend the Unified Development Code to allow Registered Child Development Home as a permitted use in Office, Commercial, and Industrial zoning districts: Proof of publication on notice of public hearing to consider City Council approval of a request from the City of Dubuque to amend the Unified Development Code to allow Registered Child Development Home as a permitted use in Office, Commercial, and Industrial zoning districts, and Zoning Advisory Commission recommended approval. Motion by Cavanagh to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Jones. Planning Services Manager Wally Wernimont provided a staff report. Responding to a question from the City Council, Mr. Wernimont stated that the State of Iowa has both a licensing requirement and a registration requirement for child development homes. Motion carried 7-0. Motion by Cavanagh for final consideration and passage of Ordinance No. 30-21 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by amending Chapter 16-2-3, Definitions, to add a definition of Registered Child Development Home, and by amending Articles 16-5-7 (OR), 16-5-8 (OS), 16-5-9 (OC), 16-5-10 (C-1), 16-5-11 (C-2), 16- 5-12 (C-2A), 16-5-13 (C-3), 16-5-14 (C-4), 16-5-15 (C-5), 16-5-16 (CS), 16-5-17 (CR), 16- 5-18 (LI), 16-5-19 (HI), and 16-5-20 (MHI) by adding Registered Child Development Home to the list of permitted uses. Seconded by Jones. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 30-21 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY AMENDING CHAPTER 16-2-3, DEFINITIONS,TO ADD A DEFINITION OF REGISTERED CHILD DEVELOPMENT HOME, AND BY AMENDING ARTICLES 16-5-7 (OR), 16-5-8 (OS), 16-5-9 (OC), 16-5-10 (C-1), 16-5-11 (C-2), 16-5-12 (C- 2A), 16-5-13 (C-3), 16-5-14 (C-4), 16-5-15 (C-5), 16-5-16 (CS), 16-5-17 (CR), 16-5-18 (LI), 16-5-19 (HI), and 16-5-20 (MHI) BY ADDING REGISTERED CHILD DEVELOPMENT HOME TO THE LIST OF PERMITED USES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code Chapters 16-2-3 are hereby amended as follows: 16-2-3: Definitions Registered Child Development Home: A facility providing childcare or preschool services for children that requires State of Iowa registration. Registered child development home does not include a licensed childcare center. Section 2. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code Chapters 16-5.7 (OR), 16-5.8 (OS), 16-5.9 (OC), 16-5-10 (C-1), 16-5-11 (C-2), 16-5-12 (C-2A), 16-5-13 (C-3), 16-5-14 (C-4), 16-5-15 (C-5), 16-5-16 (CS), 16-5-17 (CR), 16-5-18 (LI), 13 16-5-19 (HI), and 16-5-20 (MHI) are hereby amended as follows: 16-5-7-1 Principal Permitted Uses Registered Child Development Home 16-5-8-1 Principal Permitted Uses Registered Child Development Home 16-5-9-1 Principal Permitted Uses Registered Child Development Home 16-5-10-1 Principal Permitted Uses Registered Child Development Home 16-5-11-1 Principal Permitted Uses Registered Child Development Home 16-5-12-1 Principal Permitted Uses Registered Child Development Home 16-5-13-1 Principal Permitted Uses Registered Child Development Home 16-5-14-1 Principal Permitted Uses Registered Child Development Home 16-5-15-1 Principal Permitted Uses Registered Child Development Home 16-5-16-1 Principal Permitted Uses Registered Child Development Home 16-5-17-1 Principal Permitted Uses Registered Child Development Home 16-5-18-1 Principal Permitted Use Registered Child Development Home 16-5-19-1 Principal Permitted Uses Registered Child Development Home 16-5-20-1 Principal Permitted Uses Registered Child Development Home Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 4.This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved, and adopted this 20th day of September 2021. /s/Danny C. Sprank, Mayor Pro Tern Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 24t" day of September, 2021. /s/Adrienne N. Breitfelder, City Clerk 2. Resolution of Adoption for the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District Urban Renewal Plan, Version 2021.4: Proof of publication on notice of public hearing to consider City Council approval of an Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District, Version 2021.4, and City Manager recommended approval. Motion by Jones to receive and file the documents and adopt Resolution No. 323-21 Approving the Amended and Restated Urban Renewal Plan, Version 2021.4, for the Dubuque Industrial Center Economic Development District. Seconded by Resnick. Motion carried 7-0. RESOLUTION NO. 323-21 APPROVING THE AMENDED AND RESTATED URBAN RENEWAL PLAN, VERSION 14 2021.4, FOR THE DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT Whereas, by Resolution 286-21 on August 16, 2021 the City Council of the City of Dubuque, Iowa authorized the preparation of an Amended and Restated Urban Renewal Plan (the "Amended and Restated Urban Renewal Plan" or "Plan") for the Dubuque Industrial Center Economic Development District (the "District"); and Whereas, the Amended and Restated Urban Renewal Plan for the District, Version 2021.4, is on file in the City Clerk's Office; and Whereas, the City Council's primary objective for the Amended and Restated Urban Renewal Plan for the District is to provide opportunities which will further economic development purposes and objectives as described in the Plan; and Whereas, a consultation process has been undertaken with affected taxing entities in accordance with Chapter 403 of the Code of Iowa with no written objections or recommended changes to the Plan have been received; and Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has held a public hearing on the Amended and Restated Urban Renewal Plan after public notice thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District, Version 2021.4, is hereby approved. Section 2. That a feasible method exists for the location of any families who will be displaced from the District, as amended, into decent, safe and sanitary dwelling accommodations within their means and without undue hardship to such families; and that the Amended and Restated Plan conforms to the general plan of the City as a whole. With respect to any real property in the District acquired by the City in connection with the land and projects included in the Plan, non-residential use is expected and with reference to those portions thereof which are to be developed for non-residential uses, such non-residential uses are necessary and appropriate to facilitate the proper growth and development of the City in accordance with sound planning standards and local community objectives. Section 3. That the District, as amended, continues to be an area for economic development (commercial and industrial) within the meaning of Iowa Code Chapter 403; that such area is eligible for designation as an urban renewal area and otherwise meets all requisites under the provisions of Iowa Code Chapter 403; and that the rehabilitation, conservation, redevelopment, development, or a combination thereof, of such area is necessary in the interest of the public health, safety or welfare of the residents of this City. Section 4. That, notwithstanding any resolution, ordinance, plan, amendment or any other document, the Amended and Restated Plan shall be in full force and effect from the date of this Resolution until the Council amends or repeals the Plan. Section 5. That the City Clerk of the City of Dubuque, Iowa is hereby authorized and directed to file a certified copy of this Resolution in the office of the Dubuque County Recorder. Passed, approved and adopted this 20th day of September, 2021. Danny C. Sprank, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk 3. Resolution of Adoption for the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District Urban Renewal Plan, Version 2021.5: Proof of publication on notice of public hearing to consider City Council approval of an Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District, Version 2021.5, and City Manager recommended approval. Motion by Jones to receive and file the documents and adopt Resolution No. 324-21 Approving the 15 Amended and Restated Urban Renewal Plan, Version 2021.5, for the Dubuque Industrial Center Economic Development District. Seconded by Cavanagh. Motion carried 7-0. RESOLUTION NO. 324-21 APPROVING THE AMENDED AND RESTATED URBAN RENEWAL PLAN, VERSION 2021.5, FOR THE DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT Whereas, by Resolution 287-21 on August 16, 2021 the City Council of the City of Dubuque, Iowa authorized the preparation of an Amended and Restated Urban Renewal Plan (the "Amended and Restated Urban Renewal Plan" or "Plan") for the Dubuque Industrial Center Economic Development District (the "District"); and Whereas, the Amended and Restated Urban Renewal Plan for the District, Version 2021.5, is on file in the City Clerk's Office; and Whereas, the City Council's primary objective for the Amended and Restated Urban Renewal Plan for the District is to provide opportunities which will further economic development purposes and objectives as described in the Plan; and Whereas, a consultation process has been undertaken with affected taxing entities in accordance with Chapter 403 of the Code of Iowa with no written objections or recommended changes to the Plan have been received; and Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has held a public hearing on the Amended and Restated Urban Renewal Plan after public notice thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District, Version 2021.5, is hereby approved. Section 2. That a feasible method exists for the location of any families who will be displaced from the District, as amended, into decent, safe and sanitary dwelling accommodations within their means and without undue hardship to such families; and that the Amended and Restated Plan conforms to the general plan of the City as a whole. With respect to any real property in the District acquired by the City in connection with the land and projects included in the Plan, non-residential use is expected and with reference to those portions thereof which are to be developed for non-residential uses, such non-residential uses are necessary and appropriate to facilitate the proper growth and development of the City in accordance with sound planning standards and local community objectives. Section 3. That the District, as amended, continues to be an area for economic development (commercial and industrial) within the meaning of Iowa Code Chapter 403; that such area is eligible for designation as an urban renewal area and otherwise meets all requisites under the provisions of Iowa Code Chapter 403; and that the rehabilitation, conservation, redevelopment, development, or a combination thereof, of such area is necessary in the interest of the public health, safety or welfare of the residents of this City. Section 4. That, notwithstanding any resolution, ordinance, plan, amendment or any other document, the Amended and Restated Plan shall be in full force and effect from the date of this Resolution until the Council amends or repeals the Plan. Section 5. That the City Clerk of the City of Dubuque, Iowa is hereby authorized and directed to file a certified copy of this Resolution in the office of the Dubuque County Recorder. Passed, approved and adopted this 20th day of September, 2021. Danny C. Sprank, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk 4. Fiscal Year 2022 First Budget Amendment: Proof of publication on notice of public hearing 16 to consider City Council approval of the first Fiscal Year 2022 Budget Amendment, which amends the Fiscal Year 2022 budget for City Council actions since the beginning of the Fiscal Year and includes items which City Council has expressed support. Motion by Farber to receive and file the documents and adopt Resolution No. 325-21 Record of Hearing and Adoption of Budget Amendment. Seconded by Roussell. Responding to questions from the City Council, Director of Finance and Budget Jennifer Larson stated that this fiscal year's amendment is larger due to funds the city received from the American Rescue Plan (ARP) and that year-to-year comparisons occur for certain reports, such as the cash basis annual financial report. City Manager Van Milligen referenced information in the city's Dollars and Cents Public Information brochure and summarized how additional reserves are utilized. Motion carried 7-0. 17 RECORD OF HEARING AND ADOPTION OF BUDGET AMENDMENT DUBUQUE Fiscal Year July 1, 2021 - June 30, 2022 DUBUQUE conducted a public hearing for the propose of amending the current budget for the fiscal year ending June 30, 2022 Meeting Date: Meeting Time: Meeting Location: 9/20/2021 06:30 PM I City Council Chambers at the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa The governing body of the DUBUQUE met with a quorum present and found that the notice of time and place of the hearing had been published as required by law and that the affidavit of publication is on file with the county auditor. After hearing public comment the governing body took up the amendment to the budget for final consideration and determined that said budgeted expenditures be amended as follows: REVENUES & OTHER FINANCING SOURCES Total Budget as Certified or Last Amended Curren t Amendm ent Total Budget After Current Amendment Taxes Levied on Property 1 25,530,416 0 25,530,416 Less: Uncollected Delinquent Taxes - Levy Year 2 0 0 0 Net Current Property Tax 3 25,530,416 0 25,530,416 Delinquent Property Tax Revenue 4 0 0 0 TIF Revenues 51 11,666,215 0 11,666,215 Other City Taxes 6 20,772,861 0 20,772,861 Licenses & Permits 7 1,955,835 0 1,955,835 Use of Money & Property 8 16,031,663 -11,321 16,020,342 Intergovernmental 9 34,070,391 39,840,228 73,910,619 Charges for Service 10 46,147,596 27,400 46,174,996 Special Assessments 11 187,000 0 187,000 Miscellaneous 12 8,916,548 985,902 9,902,450 Other Financing Sources 13 12,331,457 11,830,894 24,162,351 Transfers In 14 36,039,770 9,280,774 45,320,544 Total Revenues & Other Sources 15 213,649,752 61,953,877 275,603,629 EXPENDITURES & OTHER FINANCING USES Public Safety 16 31,484,833 797,744 32,282,577 Public Works 17 14,455,614 2,015,071 16,470,685 Health and Social Services 18 1,073,072 -29,538 1,043,534 Culture and Recreation 19 13,886,463 1,418,907 15,305,370 Community and Economic Development 20 16,259,431 1,065,988 17,325,419 General Government 21 10,723,620 1,382,500 12,106,120 Debt Service 22 9,785,741 18,587 9,804,328 Capital Projects 23 33,838,359 71,583,252 105,421,611 Total Government Activities Expenditures 24 131,507,133 78,252,511 209,759,644 Business Type/Enterprise 25 59,728,061 28,339,666 88,067,727 Total Gov Activities & Business Expenditures 26 191,235,194 106,592,177 297,827,371 Tranfers Out 27 36,039,770 9,280,774 45,320,544 Total Expenditures/Transfers Out 28 227,274,964 115,872,951 343,147,915 Excess Revenues & Other Sources Over Under Expend itu res/Transfers Out 29 -13,625,212 -53,919,074 -67,544,286 Beginning Fund Balance July 1, 2021 30 75,132,117 62,710,935 137,843,052 Ending Fund Balance June 30, 2022 31 61,506,905 8,791,8611 70,298,766 Explanation of Changes: This amendment adds capital budget carryovers of $65,732,986 & associated revenue of $42,948,749 & encumbrance carryovers of $18,173,430 (continuing appropriation authority). Adds operating budget carryovers of $3,267,454 & associated revenue of $2,472,470, requiring a formal amendment. Also included is $14,423,863 increase in capital expense. Capital revenue increase of $561,646. Operating expense increase of $4,994,438 and operating revenue increase of $6,690,237. Interfund transfers of $9,280,774. Adrienne N. Breitfelder 09/20/2021 Danny C. Sprank City Clerk/Administrator Signature of Certification Adopted On Mayor Pro Tern Signature of Certification W 5. Tiffany Court - Lead Mine Sinkhole Remediation Project Public Hearing: Proof of publication on notice of public hearing to consider City Council approval of the plans, specifications, form of contract and estimated cost of $165,000 for the Tiffany Court — Lead Mine Sinkhole Remediation Project, and City Manager recommended approval. Motion by Resnick to receive and file the documents and adopt Resolution No. 326-21 Approval of plans, specifications, form of contract, and estimated cost for the Tiffany Court - Lead Mine Sinkhole Remediation Project. Seconded by Roussell. Council Member Resnick referenced a call that he received from one of the residents impacted by this sinkhole. Mr. Resnick stated that the citizen expressed appreciation for the city's assistance. City Manager Van Milligen thanked city staff for their work and stated that the city was able to assist due to the potential impact to public utilities resulting from the sinkhole. Motion carried 7-0. RESOLUTION NO. 326-21 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE TIFFANY COURT - LEAD MINE SINKHOLE REMEDIATION PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for Tiffany Court - Lead Mine Sinkhole Remediation Project, in the estimated amount $136,500.00, are hereby approved. Passed, approved and adopted this 20th day of September 2021. Danny C. Sprank, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk 6. Kennedy Road Water Main Extension Project 2021 Public Hearing: Proof of publication on notice of public hearing to consider City Council approval of the plans, specifications, form of contract and estimated cost of $1,042,975 for the Kennedy Road Water Main Extension Project 2021, and City Manager recommended approval. Motion by Cavanagh to receive and file the documents and adopt Resolution No. 327-21 Approval of plans, specifications, form of contract, and estimated cost for the Kennedy Road Water Main Extension Project 2021. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 327-21 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE KENNEDY ROAD WATER MAIN EXTENSION PROJECT 2021 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA- That the proposed plans, specifications, form of contract and estimated cost for the Kennedy Road Water Main Extension Project 2021 Project in the amount of $904,523.00, are hereby approved. Passed, adopted and approved this 20th day of September, 2021. Danny C. Sprank, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk PUBLIC INPUT Related to Action Item No. 3, Randy and Mimi Vaassen, 9843 Katie Cove; Steve Peters, 9878 Katie Cove; and Mike Oppelt, 9909 Katie Cove, spoke in opposition to the city's proposal to purchase the property, expressing concerns over lack of communication to surrounding property owners and the potential impacts of industrial development in the area. City Clerk 19 Breitfelder stated that she received an email from Mr. Peters with concerns about the impact of property owners and that the email was forwarded to the City Council. Chad Wagner, 2201 Joanne Dr. in Asbury, spoke about concerns with the city's interpretation of a housing ordinance requiring him to obtain a rental license for a property he purchased at 2206 Southway under the entity Old Mule, LLC for use by his parents. Mr. Wagner stated a rental license should not apply in this situation because he is not charging rent. Mr. Wagner requested the city drop their lawsuit against him and to enact an ordinance that applies to his situation. Responding to a question from the City Council regarding next steps, City Manager Van Milligen stated that future public hearings will take place on rezoning related to Action Item No. 3. Regarding Mr. Wagner's comments, Mr. Van Milligen stated that he will discuss the situation with the Housing Department and the City Attorney's Office. ACTION ITEMS 1. Greater Dubuque Development Corporation - Quarterly Update: President and CEO Rick Dickinson presented the quarterly update on the activities of the Greater Dubuque Development Corporation. Mr. Dickinson introduced Jason White, Vice President of Business Services, who provided a brief introduction. Mr. Dickinson responded to questions from the City Council following the presentation. Motion by Jones to receive and file the information. Seconded by Resnick. Motion carried 7-0. 2. Fiscal Year 2021 Year End Annual Report for Five Flags Civic Center: City Manager transmitted the Fiscal Year (FY) 2021 Annual Report for Five Flags. Five Flags Manager HR Cook, who is employed by ASM Global (formerly SMG), the private management company for Five Flags, made a presentation to the City Council on the Five Flags Civic Center FY 2021 Annual Report and fiscal year end financials. Topics included: venue shield; re -opening safely and responsibly; FY2021 events in review; regional events comparison; year-end financials; ticket buyer demographics; website statistics; FY2021 highlights; venue sponsorships; and news coverage. When asked by City Council about feedback to consider for any future actions on Five Flags, Mr. Cook stated there will need to be an education process on what Five Flags does and the benefits to downtown businesses from Five Flags location. Responding to a question from the City Council regarding the hotel/motel tax benefit, City Manager Van Milligen stated that the city currently has the max allowance of 7%, half of which is allocated to Travel Dubuque and the other half allocated to the city general fund. City Council expressed support in the variety of shows offered at Five Flags and the wide range of age demographics of event attendees. Motion by Cavanagh to receive and file the information. Seconded by Jones. Motion carried 7-0. 3. Purchase of Real Estate from River City Development Group LLC: City Manager recommended City Council approval of a Resolution approving an Offer to Buy Real Estate and Acceptance for the purchase of 156.25 acres of property owned by River City Development Group for a purchase price of $4,218,750 ($277000 per acre). Motion by Jones to receive and file the documents and adopt Resolution No. 328-21 Approving the acquisition of real estate owned by River City Development Group LLC in Dubuque County, Iowa. Seconded by Resnick. City Council members acknowledged the comments provided during the public input section of the meeting and summarized the advantages to the city purchasing the property. Responding to a question from the City Council regarding future options for public input, Planning Services Manager Wally Wernimont stated that the property will go through the annexation process into the city and the rezoning process, both of which are 20 public hearings. Mr. Wernimont also stated that the Planning Services Department will notify all property owners within 200 feet, which goes beyond the state code requirement of publishing the notice in a newspaper. Responding to questions from the City Council, City Manager Van Milligen stated that there is no legal requirement to notify property owners before the city purchases a property, and that state code allows property acquisition discussions to occur in closed session to ensure the property price is not negatively impacted based on discussions. Mr. Van Milligen stated that official action on property acquisitions must occur in open session. Motion carried 7-0. RESOLUTION NO. 328-21 APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY RIVER CITY DEVELOPMENT GROUP LLC IN DUBUQUE COUNTY, IOWA Whereas, RIVER CITY DEVELOPMENT GROUP LLC is the owner of the following real property (the Real Estate): Lot 2 of Wertzberger Acres No. 3, in Table Mound Township, Dubuque County, Iowa, according to the recorded Plat thereof and The Southwest'/4 of the Northeast'/4, Lot 1 of the Northwest'/4 of the Northeast 1/4 , Lot 1 of Lot 1 of the Northeast '/4 of the Northeast 1 /4 , and Lot 2 of the Southeast 1/4 of the Northeast'/4, in Section 14, Township 88 North, Range 2 East of the 511 P.M., in Dubuque County, Iowa, according to United States Government Survey and the recorded Plats thereof, excepting therefrom all areas taken for highway right of way ; and Whereas, the City Manager has tentatively agreed to purchase the Real Estate from River City Development Group LLC, subject to the approval by the City Council of an Offer to Buy Real Estate and Acceptance between City and River City Development Group LLC, a copy of which is attached hereto; and Whereas, the City Council has determined that it would be in the best interests of the City to approve the Offer to Buy Real Estate and Acceptance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA- Section 1. The City Council hereby approves the Offer to Buy Real Estate and Acceptance attached hereto. Section 2. The City Manager and City Attorney are authorized to take such further action as is required to complete the purchase of the Real Estate. Passed, approved and adopted this 20th day of September, 2021. Danny C. Sprank, Mayor Pro Tem Attest: Adrienne N. Breitfelder, City Clerk 4. Amending a Tax Increment Ordinance for the Dubuque Industrial Center Economic Development District, as amended by Version 2021.4 of the Amended and Restated Plan: City Manager recommended City Council adoption of an ordinance amending Ordinance 22- 21 for the Dubuque Industrial Center Economic Development District as the District's boundaries were amended by Version 2021.4 of the Amended and Restated Urban Renewal Plan. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Cavanagh. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 31-21 Amending Ordinance No. 22-21, previously amended, providing that general property taxes levied and 21 collected each year on all property located within the Amended and Restated Dubuque Industrial Center Economic Development District Urban Renewal Area of the City of Dubuque, County of Dubuque, State of Iowa, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said city in connection with the Amended and Restated Dubuque Industrial Center Economic Development District Urban Renewal Redevelopment Project by removing part of Subarea C from the Division of Revenues. Seconded by Cavanagh. Motion caried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 31-21 AMENDING ORDINANCE NO. 22-21, PREVIOUSLY AMENDED, PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE AMENDED AND RESTATED DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT URBAN RENEWAL AREA OF THE CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF DUBUQUE, COUNTY OF DUBUQUE, DUBUQUE COMMUNITY SCHOOL DISTRICT, AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS, MONIES ADVANCED TO AND INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNECTION WITH THE AMENDED AND RESTATED DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT URBAN RENEWAL REDEVELOPMENT PROJECT BY REMOVING PART OF SUBAREA C FROM THE DIVISION OF REVENUES Whereas, the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District (the "District") described in Resolution No. 130-88 was adopted on May 2, 1988 and was thereafter amended and restated by Resolution No. 484-90 on December 17, 1990, Resolution No. 142-97 on April 7, 1997, Resolution No. 478-97 on November 17, 1997, Resolution No. 15-08 on January 7, 2008, Resolution No. 101-08 on March 17, 2008, Resolution No. 109-08 on April 7, 2008, Resolution No. 87-11 on March 7, 2011, Resolution No. 171-13 on June 3, 2013, Resolution No. 197-15 on June 1, 2015, Resolution No. 309-15 on September 8, 2015, Resolution No. 132-16 on September 19, 2016, Resolution No. 157-18 and Resolution No. 158-18 on May 21, 2018, Resolution 380-18 on December 17, 2018, Resolution 125-21 and Resolution 126-21 on April 19, 2021, and Resolution 323-21 on September 20, 2021 (as amended and restated, the "Urban Renewal Plan" or "Amended and Restated Urban Renewal Plan"); and Whereas, the City Council of the City of Dubuque, Iowa originally provided for the division of taxes pursuant to Section 403.19 of the Code of Iowa within the District in Ordinance No. 26-88 passed and approved on May 2, 1988 and thereafter amended and restated by Ordinance No. 63-88 on December 5, 1988, by Ordinance No. 66-97 on November 17, 1997, by Ordinance No. 70-08 on October 20, 2008, by Ordinance No. 10-14 on February 3, 2014, by Ordinance No. 39-15 on June 1, 2015, by Ordinance No. 55-15 on September 8, 2015, by Ordinance No. 49- 16 on September 19, 2016, Ordinance 18-18 on May 21, 2018, by Ordinance 45-18 on December 17, 2018, by Ordinance 15-21 and Ordinance 16-21 on April 19, 2021, and by Ordinance 22-21 on June 7, 2021; and Whereas, indebtedness has been incurred by the City, and additional indebtedness is anticipated to be incurred in the future, to finance urban renewal project activities within the District, and the continuing needs of redevelopment within the District are such as to require the continued application of the incremental tax resources of the District; and 22 Whereas, the following enactment is necessary to accomplish the objectives described in the premises. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, THAT: Ordinance Number 22-21 is hereby amended to read as follows: Section 1: For purposes of this Ordinance, the following terms shall have the following meanings: (a) Original Project Area means that portion of the City of Dubuque, Iowa described in the Urban Renewal Plan for the District approved by Resolution No. 130-88 on May 2, 1988, and subsequently amended by Resolution No. 484-90 on December 17, 1990, which Original Project Area includes the lots and parcels located within the area now legally described as follows: All of Dubuque Industrial Center Eighth Addition; and All of Lot 1 Dubuque Industrial Center 13th Addition; and Lot 2 Dubuque Industrial Center 13th Addition; and Lot 1-2-2 Dubuque Industrial Center Fifth Addition; and Lot 1 Dubuque Industrial Center Fifth Addition; and Lot 1 Dubuque Industrial Center 11th Addition; and Lot 1 of 2 of Dubuque Industrial Center Fifth Addition; and Lot 1 of 2 of Dubuque Industrial Center Fifth Addition; and Lot 1-3 Dubuque Industrial Center 12th Addition; and Lot 1 of lot 3 of final plat of lot 1 of Dubuque Industrial Center First Addition; and Lot 1 Dubuque Industrial Center 10th Addition; and Lot 2-3 Dubuque Industrial Center 12th Addition; and Lots 1 & 2 of final plat of lot 1 of Dubuque Industrial Center First Addition; and Lot 1 Dubuque Industrial Center 12th Addition; and Lot 2 Dubuque Industrial Center Ninth Addition; and Lot 2 Dubuque Industrial Center 12th Addition; and Lot 2-2 Dubuque Industrial Center Sixth Addition; and Lot 3 Dubuque Industrial Center Ninth Addition; and Lot 1 Dubuque Industrial Center Sixth Addition; and Lot 2 of 2 Dubuque Industrial Center 7th Addition; and Lot 2-1 Walter Addition; and Lot 2-1 Walter Addition; and And all adjoining public right-of-way, all in the City of Dubuque, Dubuque County, Iowa. The Original Project Area is referred to as "Subarea A" in the Urban Renewal Plan hereinafter described. (b) Subarea B has been removed from the division of revenues by Ordinance 22-21 on June 7, 2021. (c) Subarea C means that portion of the City of Dubuque, Iowa described as Subarea C in the Amended and Restated Urban Renewal Plan for the District approved by Resolution No. 323-21 on September 20, 2021, which Subarea C includes the lots and parcels located within the area legally described as follows: Lots 1 and 2 of Dubuque Industrial Center North Second Addition; and Lots 2, 3, C and A of Dubuque Industrial Center North First Addition, excepting that Part of said Lot A originally platted as Lot 2 of the SW'/4 of the NW'/4 of Sec. 30, T89N, R2E of the 5th PM; and and any adjoining public street right-of-way, all in the City of Dubuque, Dubuque County, Iowa, 23 Except those lots and parcels included in Subarea K and those lots and parcels included in Subarea O. (d) Subarea D means that portion of the City of Dubuque, Iowa described as Subarea D in the Amended and Restated Urban Renewal Plan for the District approved by Resolution No. 109-08 on April 7, 2008, which Subarea D includes the lots and parcels located within the area legally described as follows: Lots 1, 2, and B and all of the right of way of Chavenelle Court in Dubuque Industrial Center West 8th Addition in the City of Dubuque, Dubuque County, Iowa. (e) Subarea E means that portion of the City of Dubuque, Iowa described as Subarea E in the Amended and Restated Urban Renewal Plan for the District approved by Resolution No. 87-11 on March 7, 2011, which Subarea E includes the lots and parcels located within the area legally described as follows: All of Lot 1 of 1 and Lot 1 of 2 of the South Fork Subdivision No. 1 as originally platted, including any adjoining public street right-of-way to said lots, all in the City of Dubuque, Dubuque County, Iowa, and; All of Seippel Road right of way from the north boundary line of Lot 1 of 1 of South Fork Subdivision No. 1 in the City of Dubuque, to the south boundary lines of Lot H of Dubuque Industrial Center West and Lot 1 of Dubuque Industrial Center West 2nd Addition in the City of Dubuque, Dubuque County, Iowa, including crossings at the intersections of Old Highway Road and Chicago Central & Pacific Railroad rights -of - way. (f) Subarea F means that portion of the City of Dubuque, Iowa, and Dubuque County described as Subarea F in the Amended and Restated Urban Renewal Plan for the District approved by Resolution No. 197-15 on June 1, 2015, which Subarea F includes the lots and parcels located within the area legally described as follows: Lot one (1) of Graf Farm Subdivision #2, Dubuque County, Iowa, according to the recorded plat thereof; Lot 1 of Lot 1 of Lot 1 of Lot 1 of West One-half of Northeast One -quarter, Section 25, Township 89 North, Range 1 East of the 5th Principal Meridian, in Center Township, Dubuque County, Iowa; Lot 2 in "W.A. Norman Place" in Section 25, Center Township, Dubuque County, Iowa, according to the plat thereof; and The NW 1/4 of the SE 1/4 of Section 25, Township 89 North, Range 1 East of the 5th P.M., in Center Township, Dubuque County, Iowa. (g) Subarea G means that portion of the City of Dubuque, Iowa, and Dubuque County described as Subarea G in the Amended and Restated Urban Renewal Plan for the District approved by Resolution No. 309-15 on September 8, 2015, which Subarea G includes the lots and parcels located within the area legally described as follows: The South one-half of the Northwest Quarter of Section 29, Township 89 North, Range 2 East of the 5th Principal Meridian, in the City of Dubuque, Iowa. Lot 1 of Lot 1 of the Northwest Quarter of the Northwest Quarter of Section 29, Township 89 North, Range 2 East of the 5th Principal Meridian, in the City of Dubuque, Iowa. Lot 2 of McFadden Farm Place #2, in the City of Dubuque, Iowa. Lot 2 of McFadden Farm Place, in the City of Dubuque, Iowa. Lot A of Lot 1 of 1 of the Southwest Quarter of the Southwest Quarter of Section 29, Township 89 North, Range 2 East of the 5th Principal Meridian, in the City of Dubuque, Iowa. Lot A of Lot 1 of 1 of the Northwest Quarter of the Southwest Quarter of Section 29, Township 89 North, Range 2 East of the 5th Principal Meridian, in the City of Dubuque, Iowa. 24 All in the City of Dubuque, Dubuque County, Iowa. (h) Subarea H means that portion of the City of Dubuque, Iowa, and Dubuque County described as Subarea H in the Amended and Restated Urban Renewal Plan for the District approved by Resolution No. 332-16 on September 19, 2016, which Subarea H includes the lots and parcels located within the area legally described as follows: Lot 1 of the Northeast'/4 of the Northeast'/4, and Lot 2 of Lot 1 of Lot 1 of Lot 2 of the Northeast'/4 of the Northeast'/4, of Section 30, in Township 89 North, Range 2 East of the 5th Principal Meridian, in the City of Dubuque, Iowa. (i) Subarea I means that portion of the City of Dubuque, Iowa, and Dubuque County described as Subarea I in the Amended and Restated Urban Renewal Plan for the District approved by Resolution No. 332-16 on September 19, 2016, which Subarea I includes the lots and parcels located within the area legally described as follows: Lot 2 Seippel Road Place #2, Dubuque County, Iowa. Lot 2-1-1 of the Southeast Quarter of the Southeast Quarter of Section 25, Township 89 North, Range 2 East of the 5th Principal Meridian, Dubuque County, Iowa Q) Subarea J means that portion of the City of Dubuque, Iowa, and Dubuque County described as Subarea J in the Amended and Restated Urban Renewal Plan for the District approved by Resolution No. 332-16 on September 19, 2016, which Subarea J includes the lots and parcels located within the area legally described as follows: Lot 2 Julien Care Place, Dubuque County, Iowa. Lot 3 Julien Care Place, Dubuque County, Iowa Lot 2-1 Julien Care Place, Dubuque County, Iowa (k) Subarea K means that portion of the City of Dubuque, Iowa, removed from Subarea C of the District by Version 2018.1 of the Amended and Restated Plan for the District approved by Resolution No. 157-18, and added to the District by Version 2018.2 of the Amended and Restated Plan for the District approved by Resolution No. 158-18 as Subarea K, all on May 21, 2018, which Subarea K includes the lots and parcels located within the area legally described as follows: Lot 1 of Dubuque Industrial Center North Third Addition, in the City of Dubuque, Iowa. (1) Subarea L means that portion of the City of Dubuque, Iowa described as Subarea L in the Amended and Restated Urban Renewal Plan for the District approved by Resolution 380- 18 on December 17, 2018, which Subarea L includes the lots and parcels located within the area legally described as follows: Lot 1 of Loretta Bahl's Homestead, in the City of Dubuque, Iowa, comprised of Lot 1 of the West 30 Acres of the Southwest '/4 of the Southeast '/4, Section 19, Township 89 North, Range 2 East of the 5th P.M. all in the City of Dubuque, Dubuque County, Iowa. (m) Subarea M means that portion of the City of Dubuque, Iowa described as Subarea M in the Amended and Restated Urban Renewal Plan for the District approved by Resolution 380-18 on December 17, 2018, which Subarea M includes the lots and parcels located within the area legally described as follows: Lot 2 of the Subdivision of Lot 2 of the Northeast'/4 of the Northeast'/4 of Section 30, Township 89 North, Range 2 East of the 5th P.M. all in the City of Dubuque, Dubuque County, Iowa. (n) Subarea N means that portion of the City of Dubuque, Iowa described as Subarea N in the Amended and Restated Urban Renewal Plan for the District approved by Resolution 126- 21 on April 19, 2021, which Subarea N includes the lots and parcels located within the area legally described as follows: Lot 1 of Dubuque Industrial Center North First Addition, in the City of Dubuque, Iowa; and 25 All of the street right of way of Innovation Drive adjacent to Lot 1 of Dubuque Industrial Center North First Addition, in the City of Dubuque, Iowa. All in the City of Dubuque, Iowa (o) Subarea O means that portion of the City of Dubuque, Iowa removed from Subarea C and now described as Subarea O in the Amended and Restated Urban Renewal Plan for the District approved by Resolution 323-21 on September 20, 2021, which Subarea O includes the lots and parcels located within the area legally described as follows: Lot 2 of Dubuque Industrial Center North Third Addition, in the City of Dubuque, Iowa; and A Part of Lot C in Dubuque Industrial Center North First Addition in the City of Dubuque, Iowa, being more particularly described as follows: Commencing at the northwest corner of Lot 1 in Dubuque Industrial Center North Second Addition in the City of Dubuque, Iowa; Thence North 87 degrees 35 minutes 13 seconds East along the north line of said Lot 1, 65.47 feet to the Point of Beginning; Thence North 87 degrees 35 minutes 13 seconds East continuing along said north line of Lot 1, 467.29 feet; Thence South 82 degrees 04 minutes 06 seconds East continuing along said north line of Lot 1, 212.63 feet; Thence North 19 degrees 12 minutes 36 seconds East, 433.37 feet, to a point on the easterly line of Lot 2 in Dubuque Industrial Center North Third Addition in the City of Dubuque, Iowa; Thence North 90 degrees 00 minutes 00 seconds West, 231.12 feet; Thence North 60 degrees 11 minutes 47 seconds West, 280.07 feet; Thence North 51 degrees 38 minutes 25 seconds West, 318.12 feet; Thence South 57 degrees 28 minutes 14 seconds West, 86.87 feet; Thence South 18 degrees 59 minutes 51 seconds East, 140.84 feet; Thence South 51 degrees 57 minutes 52 seconds East, 101.08 feet; Thence South 01 degree 57 minutes 06 seconds East, 108.09 feet; Thence South 33 degrees 59 minutes 54 seconds East, 90.10 feet; Thence South 44 degrees 57 minutes 34 seconds East, 130.53 feet; Thence South 12 degrees 19 minutes 12 seconds West, 171.97 feet; Thence South 87 degrees 35 minutes 13 seconds West, 260.33 feet; Thence South 02 degrees 35 minutes 19 seconds East, 40.00 feet, to the Point of Beginning, said part of Lot C contains 6.59 acres, more or less. All in the City of Dubuque, Iowa (p) Amended Project Area means that portion of the City of Dubuque, Iowa and Dubuque County included within the Original Project Area, Subarea C, Subarea D, Subarea E, Subarea F, Subarea G, Subarea H, Subarea I, Subarea J, Subarea K, Subarea L, Subarea M, and Subarea N each as described in this Section. Section 2: The taxes levied on the taxable property in the Amended Project Area, and each subarea thereof, legally described in Section 1 hereof, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and all other taxing districts from and after the effective date of this Ordinance shall be divided as hereinafter in this Ordinance provided. Section 3: As to the Original Project Area, that portion of the taxes which would be produced by the rate at which the tax is levied each year by or for each of the taxing districts taxing property in the Original Project Area upon the total sum of the assessed value of the taxable property in the Original Project Area as shown on the assessment roll as of January 1, 1987, being the first day of the calendar year preceding the effective date of Ordinance No. 26-88, shall be allocated 26 to and when collected be paid into the fund for the respective taxing district as taxes by or for said taxing district into which all other property taxes are paid. The taxes so determined shall be referred herein as the "base period taxes" for such Subarea. As to Subarea B, Subarea B has been removed from the division of revenues by Ordinance 22-21. Subarea B will remain within the District. As to Subarea C (except the lots and parcels now forming Subarea K and those lots and parcels removed by Amended and Restated Urban Renewal Plan Version 2021.4 now forming Subarea O), base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2007, being the assessment roll applicable to property in such subarea as of January 1 of the calendar year preceding the effective date of Ordinance No. 70-08, and base values shall be reduced due to the removal of area from Subarea C. As to Subarea D, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2007, being the assessment roll applicable to property in such subarea as of January 1 of the calendar year preceding the effective date of Ordinance No. 70-08. As to Subarea E, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2013, being the assessment roll applicable to property in such subarea as of January 1 of the calendar year preceding the effective date of Ordinance No.10-14. As to Subarea F, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2014, being the assessment roll applicable to property in such subarea as of January 1 of the calendar year preceding the effective date of Ordinance No. 39-15. As to Subarea G, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2014, being the assessment roll applicable to property in such subarea as of January 1 of the calendar year preceding the effective date of Ordinance No. 55-15. As to Subarea H, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2015, being the assessment roll applicable to property in such subarea as of January 1 of the calendar year preceding the effective date of Ordinance No. 49-16. As to Subarea I, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2015, being the assessment roll applicable to property in such subarea as of January 1 of the calendar year preceding the effective date of Ordinance No. 49-16. As to Subarea J, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2015, being the assessment roll applicable to property in such subarea as of January 1 of the calendar year preceding the effective date of Ordinance No. 49-16. As to Subarea K, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2017, being the assessment roll applicable to property in such subarea as of January 1 of the calendar year preceding the effective date of Ordinance No. 18-18. As to Subarea L, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2017, being the assessment roll applicable to property in such subarea as of January 1 of the calendar year preceding the effective date of Ordinance No. 45-18. As to Subarea M, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2017, being the assessment 27 roll applicable to property in such subarea as of January 1 of the calendar year preceding the effective date of Ordinance No. 45-18. As to Subarea N, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2020, being the assessment roll applicable to property in such subarea as of January 1 of preceding the effective date of this Ordinance No. 16-21. Section 4: That portion of the taxes each year in excess of the base period taxes for the Amended Project Area, determined for each sub -area thereof as provided in Section 3 of this Ordinance, shall be allocated to and when collected be paid into the special tax increment fund previously established by the City of Dubuque to pay the principal of and interest on loans, monies advanced to, or indebtedness, whether funded, refunded, assumed or otherwise, including bonds issued under authority of Section 403.9 or Section 403.12 of the Code of Iowa, incurred by the City of Dubuque, Iowa to finance or refinance, in whole or in part, urban renewal projects undertaken within the District pursuant to the Urban Renewal Plan, except that taxes for the regular and voter -approved physical plant and equipment levy of a school district imposed pursuant to Section 298.2 of the Code of Iowa and taxes for the instructional support program of a school district imposed pursuant to Section 257.19 (but in each case only to the extent required under Section 403.19(2)), taxes for the payment of bonds and interest of each taxing district, and taxes imposed under Section 346.77 (22) related to joint county -city buildings, shall be collected against all taxable property within the Amended Project Area without any limitation as hereinabove provided. Section 5: Unless or until the total assessed valuation of the taxable property in the subareas of the Amended Project Area exceeds the total assessed value of the taxable property in said subareas shown by the assessment rolls referred to in Section 3 of this Ordinance, all of the taxes levied and collected upon the taxable property in the Amended Project Area shall be paid into the funds for the respective taxing districts as taxes by or for the taxing districts in the same manner as all other property taxes. Section 6: At such time as the loans, monies advanced, bonds and interest thereon and indebtedness of the City of Dubuque referred to in Section 4 hereof have been paid, all monies thereafter received from taxes upon the taxable property in the Amended Project Area shall be paid into the funds for the respective taxing districts in the same manner as taxes on all other property. Section 7: All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. The provisions of this Ordinance are intended and shall be construed so as to remove Subarea O from the division of taxes under the provisions of Section 403.19 of the Code of Iowa and to continue the division of taxes from taxable property in the Amended Project Area under the provisions of Section 403.19 of the Code of Iowa, as authorized in Ordinance No. 22-21. In the event that any provision of this Ordinance shall be determined to be contrary to law it shall not affect other provisions or application of this Ordinance which shall at all times be construed to fully invoke the provisions of Section 403.19 of the Code of Iowa with reference to the Amended Project Area and the subareas contained therein. Section 8: This Ordinance shall be in effect after its final passage, approval and publication as provided by law. Passed and approved this 20th day of September, 2021. /s/Danny C. Sprank, Mayor Pro Tern Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 24th day of September, 2021. /s/Adrienne N. Breitfelder, City Clerk 5. Amending a Tax Increment Ordinance for the Dubuque Industrial Center Economic Development District, as amended by Version 2021.5 of the Amended and Restated Plan: City Manager recommended City Council adoption of an ordinance amending the most recent Ordinance for the Dubuque Industrial Center Economic Development District as the District's boundaries were amended by Version 2021.5 of the Amended and Restated Urban Renewal Plan. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Cavanagh. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 32-21 Amending Ordinance No. 31-21, previously amended, providing that general property taxes levied and collected each year on all property located within the Amended and Restated Dubuque Industrial Center Economic Development District Urban Renewal Area of the City of Dubuque, County of Dubuque, State of Iowa, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said city in connection with the Amended and Restated Dubuque Industrial Center Economic Development District Urban Renewal Redevelopment Project by adding Subarea O to the Division of Revenues. Seconded by Cavanagh. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 32-21 AMENDING ORDINANCE NO. 31-21, PREVIOUSLY AMENDED, PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE AMENDED AND RESTATED DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT URBAN RENEWAL AREA OF THE CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF DUBUQUE, COUNTY OF DUBUQUE, DUBUQUE COMMUNITY SCHOOL DISTRICT, AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS, MONIES ADVANCED TO AND INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNECTION WITH THE AMENDED AND RESTATED DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT URBAN RENEWAL REDEVELOPMENT PROJECT BY ADDING SUBAREA O TO THE DIVISION OF REVENUES Whereas, the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District (the "District") described in Resolution No. 130-88 was adopted on May 2, 1988 and was thereafter amended and restated by Resolution No. 484-90 on December 17, 1990, Resolution No. 142-97 on April 7, 1997, Resolution No. 478-97 on November 17, 1997, Resolution No. 15-08 on January 7, 2008, Resolution No. 101-08 on March 17, 2008, Resolution No. 109-08 on April 7, 2008, Resolution No. 87-11 on March 7, 2011, Resolution No. 171-13 on June 3, 2013, Resolution No. 197-15 on June 1, 2015, Resolution No. 309-15 on September 8, 2015, Resolution No. 132-16 on September 19, 2016, Resolution No. 157-18 and Resolution No. 158-18 on May 21, 2018, Resolution 380-18 on December 17, 2018, Resolution 125-21 and Resolution 126-21 on April 19, 2021, Resolution 323-21, and Resolution 324-21 on September 20, 2021 (as amended and restated, the "Urban Renewal Plan" or "Amended and Restated Urban Renewal Plan"); and Whereas, the City Council of the City of Dubuque, Iowa originally provided for the division of taxes pursuant to Section 403.19 of the Code of Iowa within the District in Ordinance No. 26-88 29 passed and approved on May 2, 1988 and thereafter amended and restated by Ordinance No. 63-88 on December 5, 1988, by Ordinance No. 66-97 on November 17, 1997, by Ordinance No. 70-08 on October 20, 2008, by Ordinance No. 10-14 on February 3, 2014, by Ordinance No. 39-15 on June 1, 2015, by Ordinance No. 55-15 on September 8, 2015, by Ordinance No. 49- 16 on September 19, 2016, Ordinance 18-18 on May 21, 2018, by Ordinance 45-18 on December 17, 2018, by Ordinance 15-21 and Ordinance 16-21 on April 19, 2021, by Ordinance 22-21 on June 7, 2021, and by Ordinance 31-21 on September 20, 2021; and Whereas, indebtedness has been incurred by the City, and additional indebtedness is anticipated to be incurred in the future, to finance urban renewal project activities within the District, and the continuing needs of redevelopment within the District are such as to require the continued application of the incremental tax resources of the District; and Whereas, the following enactment is necessary to accomplish the objectives described in the premises. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, THAT: Ordinance Number 31-21 is hereby amended to read as follows: Section 1: For purposes of this Ordinance, the following terms shall have the following meanings: (a) Original Project Area means that portion of the City of Dubuque, Iowa described in the Urban Renewal Plan for the District approved by Resolution No. 130-88 on May 2, 1988, and subsequently amended by Resolution No. 484-90 on December 17, 1990, which Original Project Area includes the lots and parcels located within the area now legally described as follows: All of Dubuque Industrial Center Eighth Addition; and All of Lot 1 Dubuque Industrial Center 13th Addition; and Lot 2 Dubuque Industrial Center 13th Addition; and Lot 1-2-2 Dubuque Industrial Center Fifth Addition; and Lot 1 Dubuque Industrial Center Fifth Addition; and Lot 1 Dubuque Industrial Center 11th Addition; and Lot 1 of 2 of Dubuque Industrial Center Fifth Addition; and Lot 1 of 2 of Dubuque Industrial Center Fifth Addition; and Lot 1-3 Dubuque Industrial Center 12th Addition; and Lot 1 of lot 3 of final plat of lot 1 of Dubuque Industrial Center First Addition; and Lot 1 Dubuque Industrial Center 10th Addition; and Lot 2-3 Dubuque Industrial Center 12th Addition; and Lots 1 & 2 of final plat of lot 1 of Dubuque Industrial Center First Addition; and Lot 1 Dubuque Industrial Center 12th Addition; and Lot 2 Dubuque Industrial Center Ninth Addition; and Lot 2 Dubuque Industrial Center 12th Addition; and Lot 2-2 Dubuque Industrial Center Sixth Addition; and Lot 3 Dubuque Industrial Center Ninth Addition; and Lot 1 Dubuque Industrial Center Sixth Addition; and Lot 2 of 2 Dubuque Industrial Center 7th Addition; and Lot 2-1 Walter Addition; and Lot 2-1 Walter Addition; and And all adjoining public right-of-way, all in the City of Dubuque, Dubuque County, Iowa. The Original Project Area is referred to as "Subarea A" in the Urban Renewal Plan hereinafter described. (b) Subarea B has been removed from the division of revenues by Ordinance 22-21 on June 7, 2021. 30 (c) Subarea C means that portion of the City of Dubuque, Iowa described as Subarea C in the Amended and Restated Urban Renewal Plan for the District approved by Resolution No. 324-21 on September 20, 2021, which Subarea C includes the lots and parcels located within the area legally described as follows: Lots 1 and 2 of Dubuque Industrial Center North Second Addition; and Lots 2, 3, C and A of Dubuque Industrial Center North First Addition, excepting that Part of said Lot A originally platted as Lot 2 of the SW'/4 of the NW'/4 of Sec. 30, T89N, R2E of the 5th PM; and and any adjoining public street right-of-way, all in the City of Dubuque, Dubuque County, Iowa, Except those lots and parcels included in Subarea K and those lots and parcels included in Subarea O. (d) Subarea D means that portion of the City of Dubuque, Iowa described as Subarea D in the Amended and Restated Urban Renewal Plan for the District approved by Resolution No. 109-08 on April 7, 2008, which Subarea D includes the lots and parcels located within the area legally described as follows: Lots 1, 2, and B and all of the right of way of Chavenelle Court in Dubuque Industrial Center West 8th Addition in the City of Dubuque, Dubuque County, Iowa. (e) Subarea E means that portion of the City of Dubuque, Iowa described as Subarea E in the Amended and Restated Urban Renewal Plan for the District approved by Resolution No. 87-11 on March 7, 2011, which Subarea E includes the lots and parcels located within the area legally described as follows: All of Lot 1 of 1 and Lot 1 of 2 of the South Fork Subdivision No. 1 as originally platted, including any adjoining public street right-of-way to said lots, all in the City of Dubuque, Dubuque County, Iowa, and; All of Seippel Road right of way from the north boundary line of Lot 1 of 1 of South Fork Subdivision No. 1 in the City of Dubuque, to the south boundary lines of Lot H of Dubuque Industrial Center West and Lot 1 of Dubuque Industrial Center West 2nd Addition in the City of Dubuque, Dubuque County, Iowa, including crossings at the intersections of Old Highway Road and Chicago Central & Pacific Railroad rights -of - way. (f) Subarea F means that portion of the City of Dubuque, Iowa, and Dubuque County described as Subarea F in the Amended and Restated Urban Renewal Plan for the District approved by Resolution No. 197-15 on June 1, 2015, which Subarea F includes the lots and parcels located within the area legally described as follows: Lot one (1) of Graf Farm Subdivision #2, Dubuque County, Iowa, according to the recorded plat thereof; Lot 1 of Lot 1 of Lot 1 of Lot 1 of West One-half of Northeast One -quarter, Section 25, Township 89 North, Range 1 East of the 5th Principal Meridian, in Center Township, Dubuque County, Iowa; Lot 2 in "W.A. Norman Place" in Section 25, Center Township, Dubuque County, Iowa, according to the plat thereof; and The NW 1/4 of the SE 1/4 of Section 25, Township 89 North, Range 1 East of the 5th P.M., in Center Township, Dubuque County, Iowa. (g) Subarea G means that portion of the City of Dubuque, Iowa, and Dubuque County described as Subarea G in the Amended and Restated Urban Renewal Plan for the District approved by Resolution No. 309-15 on September 8, 2015, which Subarea G includes the lots and parcels located within the area legally described as follows: 31 The South one-half of the Northwest Quarter of Section 29, Township 89 North, Range 2 East of the 5th Principal Meridian, in the City of Dubuque, Iowa. Lot 1 of Lot 1 of the Northwest Quarter of the Northwest Quarter of Section 29, Township 89 North, Range 2 East of the 5th Principal Meridian, in the City of Dubuque, Iowa. Lot 2 of McFadden Farm Place #2, in the City of Dubuque, Iowa. Lot 2 of McFadden Farm Place, in the City of Dubuque, Iowa. Lot A of Lot 1 of 1 of the Southwest Quarter of the Southwest Quarter of Section 29, Township 89 North, Range 2 East of the 5th Principal Meridian, in the City of Dubuque, Iowa. Lot A of Lot 1 of 1 of the Northwest Quarter of the Southwest Quarter of Section 29, Township 89 North, Range 2 East of the 5th Principal Meridian, in the City of Dubuque, Iowa. All in the City of Dubuque, Dubuque County, Iowa. (h) Subarea H means that portion of the City of Dubuque, Iowa, and Dubuque County described as Subarea H in the Amended and Restated Urban Renewal Plan for the District approved by Resolution No. 332-16 on September 19, 2016, which Subarea H includes the lots and parcels located within the area legally described as follows: Lot 1 of the Northeast'/4 of the Northeast'/4, and Lot 2 of Lot 1 of Lot 1 of Lot 2 of the Northeast'/4 of the Northeast'/4, of Section 30, in Township 89 North, Range 2 East of the 5th Principal Meridian, in the City of Dubuque, Iowa. (i) Subarea I means that portion of the City of Dubuque, Iowa, and Dubuque County described as Subarea I in the Amended and Restated Urban Renewal Plan for the District approved by Resolution No. 332-16 on September 19, 2016, which Subarea I includes the lots and parcels located within the area legally described as follows: Lot 2 Seippel Road Place #2, Dubuque County, Iowa. Lot 2-1-1 of the Southeast Quarter of the Southeast Quarter of Section 25, Township 89 North, Range 2 East of the 5th Principal Meridian, Dubuque County, Iowa Q) Subarea J means that portion of the City of Dubuque, Iowa, and Dubuque County described as Subarea J in the Amended and Restated Urban Renewal Plan for the District approved by Resolution No. 332-16 on September 19, 2016, which Subarea J includes the lots and parcels located within the area legally described as follows: Lot 2 Julien Care Place, Dubuque County, Iowa. Lot 3 Julien Care Place, Dubuque County, Iowa Lot 2-1 Julien Care Place, Dubuque County, Iowa (k) Subarea K means that portion of the City of Dubuque, Iowa, removed from Subarea C of the District by Version 2018.1 of the Amended and Restated Plan for the District approved by Resolution No. 157-18, and added to the District by Version 2018.2 of the Amended and Restated Plan for the District approved by Resolution No. 158-18 as Subarea K, all on May 21, 2018, which Subarea K includes the lots and parcels located within the area legally described as follows: Lot 1 of Dubuque Industrial Center North Third Addition, in the City of Dubuque, Iowa. (1) Subarea L means that portion of the City of Dubuque, Iowa described as Subarea L in the Amended and Restated Urban Renewal Plan for the District approved by Resolution 380- 18 on December 17, 2018, which Subarea L includes the lots and parcels located within the area legally described as follows: Lot 1 of Loretta Bahl's Homestead, in the City of Dubuque, Iowa, comprised of Lot 1 of the West 30 Acres of the Southwest '/4 of the Southeast '/4, Section 19, Township 89 North, Range 2 East of the 5th P.M. all in the City of Dubuque, Dubuque County, Iowa. (m) Subarea M means that portion of the City of Dubuque, Iowa described as Subarea M in the Amended and Restated Urban Renewal Plan for the District approved by Resolution 32 380-18 on December 17, 2018, which Subarea M includes the lots and parcels located within the area legally described as follows: Lot 2 of the Subdivision of Lot 2 of the Northeast'/4 of the Northeast'/4 of Section 30, Township 89 North, Range 2 East of the 5th P.M. all in the City of Dubuque, Dubuque County, Iowa. (n) Subarea N means that portion of the City of Dubuque, Iowa described as Subarea N in the Amended and Restated Urban Renewal Plan for the District approved by Resolution 126- 21 on April 19, 2021, which Subarea N includes the lots and parcels located within the area legally described as follows: Lot 1 of Dubuque Industrial Center North First Addition, in the City of Dubuque, Iowa; and All of the street right of way of Innovation Drive adjacent to Lot 1 of Dubuque Industrial Center North First Addition, in the City of Dubuque, Iowa. All in the City of Dubuque, Iowa (o) Subarea O means that portion of the City of Dubuque, Iowa removed from Subarea C and now described as Subarea O in the Amended and Restated Urban Renewal Plan for the District approved by Resolution 324-21 on September 20, 2021, which Subarea O includes the lots and parcels located within the area legally described as follows: Lot 2 of Dubuque Industrial Center North Third Addition, in the City of Dubuque, Iowa; and A Part of Lot C in Dubuque Industrial Center North First Addition in the City of Dubuque, Iowa, being more particularly described as follows: Commencing at the northwest corner of Lot 1 in Dubuque Industrial Center North Second Addition in the City of Dubuque, Iowa; Thence North 87 degrees 35 minutes 13 seconds East along the north line of said Lot 1, 65.47 feet to the Point of Beginning; Thence North 87 degrees 35 minutes 13 seconds East continuing along said north line of Lot 1, 467.29 feet; Thence South 82 degrees 04 minutes 06 seconds East continuing along said north line of Lot 1, 212.63 feet; Thence North 19 degrees 12 minutes 36 seconds East, 433.37 feet, to a point on the easterly line of Lot 2 in Dubuque Industrial Center North Third Addition in the City of Dubuque, Iowa; Thence North 90 degrees 00 minutes 00 seconds West, 231.12 feet; Thence North 60 degrees 11 minutes 47 seconds West, 280.07 feet; Thence North 51 degrees 38 minutes 25 seconds West, 318.12 feet; Thence South 57 degrees 28 minutes 14 seconds West, 86.87 feet; Thence South 18 degrees 59 minutes 51 seconds East, 140.84 feet; Thence South 51 degrees 57 minutes 52 seconds East, 101.08 feet; Thence South 01 degree 57 minutes 06 seconds East, 108.09 feet; Thence South 33 degrees 59 minutes 54 seconds East, 90.10 feet; Thence South 44 degrees 57 minutes 34 seconds East, 130.53 feet; Thence South 12 degrees 19 minutes 12 seconds West, 171.97 feet; Thence South 87 degrees 35 minutes 13 seconds West, 260.33 feet; Thence South 02 degrees 35 minutes 19 seconds East, 40.00 feet, to the Point of Beginning, said part of Lot C contains 6.59 acres, more or less. All in the City of Dubuque, Iowa (p) Amended Project Area means that portion of the City of Dubuque, Iowa and Dubuque County included within the Original Project Area, Subarea C, Subarea D, Subarea E, Subarea 33 F, Subarea G, Subarea H, Subarea I, Subarea J, Subarea K, Subarea L, Subarea M, Subarea N, and Subarea O each as described in this Section. Section 2: The taxes levied on the taxable property in the Amended Project Area, and each subarea thereof, legally described in Section 1 hereof, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and all other taxing districts from and after the effective date of this Ordinance shall be divided as hereinafter in this Ordinance provided. Section 3: As to the Original Project Area, that portion of the taxes which would be produced by the rate at which the tax is levied each year by or for each of the taxing districts taxing property in the Original Project Area upon the total sum of the assessed value of the taxable property in the Original Project Area as shown on the assessment roll as of January 1, 1987, being the first day of the calendar year preceding the effective date of Ordinance No. 26-88, shall be allocated to and when collected be paid into the fund for the respective taxing district as taxes by or for said taxing district into which all other property taxes are paid. The taxes so determined shall be referred herein as the "base period taxes" for such Subarea. As to Subarea B, Subarea B has been removed from the division of revenues by Ordinance 22-21. Subarea B will remain within the District. As to Subarea C (except the lots and parcels now forming Subarea K and those lots and parcels removed by Amended and Restated Urban Renewal Plan Version 2021.4 now forming Subarea O), base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2007, being the assessment roll applicable to property in such subarea as of January 1 of the calendar year preceding the effective date of Ordinance No. 70-08, and base values shall be reduced due to the removal of area from Subarea C. As to Subarea D, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2007, being the assessment roll applicable to property in such subarea as of January 1 of the calendar year preceding the effective date of Ordinance No. 70-08. As to Subarea E, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2013, being the assessment roll applicable to property in such subarea as of January 1 of the calendar year preceding the effective date of Ordinance No.10-14. As to Subarea F, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2014, being the assessment roll applicable to property in such subarea as of January 1 of the calendar year preceding the effective date of Ordinance No. 39-15. As to Subarea G, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2014, being the assessment roll applicable to property in such subarea as of January 1 of the calendar year preceding the effective date of Ordinance No. 55-15. As to Subarea H, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2015, being the assessment roll applicable to property in such subarea as of January 1 of the calendar year preceding the effective date of Ordinance No. 49-16. As to Subarea I, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2015, being the assessment roll applicable to property in such subarea as of January 1 of the calendar year preceding the effective date of Ordinance No. 49-16. As to Subarea J, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2015, being the assessment 34 roll applicable to property in such subarea as of January 1 of the calendar year preceding the effective date of Ordinance No. 49-16. As to Subarea K, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2017, being the assessment roll applicable to property in such subarea as of January 1 of the calendar year preceding the effective date of Ordinance No. 18-18. As to Subarea L, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2017, being the assessment roll applicable to property in such subarea as of January 1 of the calendar year preceding the effective date of Ordinance No. 45-18. As to Subarea M, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2017, being the assessment roll applicable to property in such subarea as of January 1 of the calendar year preceding the effective date of Ordinance No. 45-18. As to Subarea N, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2020, being the assessment roll applicable to property in such subarea as of January 1 of preceding the effective date of this Ordinance No. 16-21. As to Subarea O, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2020, being the assessment roll applicable to property in such subarea as of January 1 of preceding the effective date of this Ordinance 32-21. Section 4: That portion of the taxes each year in excess of the base period taxes for the Amended Project Area, determined for each sub -area thereof as provided in Section 3 of this Ordinance, shall be allocated to and when collected be paid into the special tax increment fund previously established by the City of Dubuque to pay the principal of and interest on loans, monies advanced to, or indebtedness, whether funded, refunded, assumed or otherwise, including bonds issued under authority of Section 403.9 or Section 403.12 of the Code of Iowa, incurred by the City of Dubuque, Iowa to finance or refinance, in whole or in part, urban renewal projects undertaken within the District pursuant to the Urban Renewal Plan, except that taxes for the regular and voter -approved physical plant and equipment levy of a school district imposed pursuant to Section 298.2 of the Code of Iowa and taxes for the instructional support program of a school district imposed pursuant to Section 257.19 (but in each case only to the extent required under Section 403.19(2)), taxes for the payment of bonds and interest of each taxing district, and taxes imposed under Section 346.77 (22) related to joint county -city buildings, shall be collected against all taxable property within the Amended Project Area without any limitation as hereinabove provided. Section 5: Unless or until the total assessed valuation of the taxable property in the subareas of the Amended Project Area exceeds the total assessed value of the taxable property in said subareas shown by the assessment rolls referred to in Section 3 of this Ordinance, all of the taxes levied and collected upon the taxable property in the Amended Project Area shall be paid into the funds for the respective taxing districts as taxes by or for the taxing districts in the same manner as all other property taxes. Section 6: At such time as the loans, monies advanced, bonds and interest thereon and indebtedness of the City of Dubuque referred to in Section 4 hereof have been paid, all monies thereafter received from taxes upon the taxable property in the Amended Project Area shall be paid into the funds for the respective taxing districts in the same manner as taxes on all other property. Section 7: All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. The provisions of this Ordinance are intended and shall be 35 construed so as to remove Subarea O from the division of taxes under the provisions of Section 403.19 of the Code of Iowa and to continue the division of taxes from taxable property in the Amended Project Area under the provisions of Section 403.19 of the Code of Iowa, as authorized in Ordinance No. 22-21. In the event that any provision of this Ordinance shall be determined to be contrary to law it shall not affect other provisions or application of this Ordinance which shall at all times be construed to fully invoke the provisions of Section 403.19 of the Code of Iowa with reference to the Amended Project Area and the subareas contained therein. Section 8: This Ordinance shall be in effect after its final passage, approval and publication as provided by law. Passed and approved this 20t" day of September, 2021. /s/Danny C. Sprank, Mayor Pro Tem Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 24t" day of September, 2021. /s/Adrienne N. Breitfelder, City Clerk COUNCIL MEMBER REPORTS Council Member Cavanagh reported on attending the Iowa League of Cities (ILC) recent conference in Coralville. Mr. Cavanagh was elected to another two-year term on the Executive Board of the ILC and also stated that the ILC's recently adopted legislative values share similarities with the city's legislative priorities. Council Member Farber reported on the upcoming Sister City Photo Exhibit from October 14 through 16 hosted by the Sister City Committee. Council Member Resnick reported on attending an event entitled Every Voice Matters last Saturday with other City Council members. Mayor Pro Tem Sprank reported on participating in Dubuque's Oktoberfest opening ceremony as Mayor Pro Tem. Council Member Jones reported on recently speaking to the current Leadership Dubuque class with Mayor Pro Tem Sprank. CLOSED SESSION Motion by Jones to convene in closed session at 9:08 p.m. to discuss real estate transfer negotiations — Chapter 21.5(1)(j) Code of Iowa. Seconded by Cavanagh. Mayor Pro Tem Sprank stated for the record that the attorney who will consult with City Council on the issues to be discussed in the closed session is City Attorney Crenna Brumwell. Motion carried 7-0. Upon motion, the City Council reconvened in open session at 10.09 p.m. stating that staff had been given proper direction. There being no further business, Mayor Pro Tem Sprank declared the meeting adjourned at 10:10 P.M. /s/Adrienne N. Breitfelder, City Clerk 36