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11 21 22 City Council Proceedings Official_RegularCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on November 21, 2022, in the second-floor Council Chambers of the Historic Federal Building, 350 W. 6 th Street. Present: Mayor Cavanagh; Council Members Farber, Jones, Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen, City Attorney Brumwell. Mayor Cavanagh read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE CONSENT ITEMS Motion by Resnick to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Farber. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council Proceedings of 11/07/22; Library Board of Trustees of 9/19/22, 9/20/22, 9/22/22; Zoning Board of Adjustment of 10/27/22. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Ethan Bever for vehicle damage; Jenny Cribbs on behalf of Barbara Callhan for vehicle damage; Debra Heim for property damage. Upon motion the docu- ments were received, filed, and referred to the City Attorney . 3. Disposition of Claims: City Attorney advised that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As surance Pool: Ethan Bever for vehicle damage; Barbara Callhan for vehicle damage. Upon motion the docu- ments were received, filed, and concurred. 4. Approval of City Expenditures: Upon motion the documents were received and filed, and Resolution No. 357-22 Authorizing the Director of Finance and Budget/City Treasurer to make certain payments of bills that must be paid and approved for payment in accordance with City procedures was adopted. RESOLUTION NO. 357-22 AUTHORIZING THE DIRECTOR OF FINANCE AND BUDGET / CITY TREASURER TO MAKE CERTAIN PAYMENTS OF BILLS THAT MUST BE PAID AND APPROVED FOR PAYMENT IN ACCORDANCE WITH CITY PROCEDURES Whereas, Section 1-7-7(E) of the Municipal Code of the City of Dubuque provides that the Finance Director-City Treasurer shall keep an accurate account of all disbursements, money, or property, specifying date, to whom, and from what fund paid; and Whereas, the invoices, presented by those firms and persons providing such goods and ser- vices have been pre-audited by Finance Department personnel in accordance with generally accepted internal control procedures and have been determined to have been requisitioned for a lawful municipal purpose; and Whereas, the Finance Director-City Treasurer has provided a list of Expenditures attached hereto, and by this reference made a part hereof, to be drawn to pay for goods and services provided for City purposes; and Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 142-18 adopted May 7, 2018, authorized the Finance Director-City Treasurer to issue checks in pay- ment of certain expenditures known as Exception Expenditures prior to City Council approval and such list is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA THAT: Section 1. The Finance Director-City Treasurer is hereby authorized to issue payment for goods and services provided for City purposes in response to the purchase orders and contracts issued in compliance with state and municipal code requirements as requested by designated requisitioning authorities in accordance with approved budget appropriations. Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Finance Di- rector are hereby authorized and directed to provide the statement of receipts and disburse- ments to the City Council, and to publish a summary thereof. Passed, approved, and adopted this 21st day of November, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Fiscal Year 2022 Iowa Urban Renewal Annual Report: Upon motion the documents were received and filed, and Resolution No. 358-22 Approving the Fiscal Year 2022 Urban Renewal Report for the City of Dubuque was adopted. RESOLUTION NO. 358-22 APPROVING THE FISCAL YEAR 2022 URBAN RENEWAL REPORT FOR THE CITY OF DUBUQUE Whereas, the Iowa Legislature approved HF 2460 in the 2012 Legislative Session, amending the current law pertaining to urban renewal districts; and Whereas, HF 2460, otherwise known as the Urban Renewal Reporting Act of 2012, aims to increase transparency in the utilization of tax increment financing; and Whereas, HF 2460 requires an annual urban renewal report be approved by the majority of a local governing body that had an active urban renewal plan anytime during the most recently ended fiscal year; and Whereas, City staff have fulfilled the requirements outlined in the Act through a web-based reporting tool hosted by the Iowa Department of Management. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the Fiscal Year 2022 Urban Renewal Report for the City of Dubuque, be approved. Section 2. That the Director of Finance and Budget of the City of Dubuque, Iowa is hereby authorized and directed to submit the Report, with a record of this approval, to the Iowa Depart- ment of Management. Passed, approved, and adopted this 21st day of November, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 6. Fiscal Year 2024 Annual Tax Increment Financing Report: Upon motion the documents were received and filed. 7. 2023 State Legislative Priorities: Upon motion the documents were received, filed, and approved. 8. Iowa Arts Council Creative Places Project Grant Application: Upon motion the documents were received, filed, and approved. 9. Letter of Support on Behalf of Dubuque Museum of Art to Institute of Museum and Library Services Museums for America Grant Program : Upon motion the documents were received, filed, and approved. 10. Temporary Agreement Between the City of Dubuque and ITC Midwest, LLC to O perate an Electric Transmission System in the City of Dubuque: Upon motion the documents were received and filed, and Resolution No. 359-22 Approving an agreement between the City of Dubuque and ITC Midwest, LLC to operate an electric transmission system in the City of Dubu- que was adopted. RESOLUTION NO. 359-22 APPROVING AN AGREEMENT BETWEEN THE CITY OF DUBUQUE AND ITC MIDWEST, LLC TO OPERATE AN ELECTRIC TRANSMISSION SYSTEM IN THE CITY OF DUBUQUE Whereas, the City of Dubuque, Iowa (City) and ITC Midwest, LLC (ITC Midwest) have tenta- tively entered into an Agreement for the operation of an electric transmission system in the City of Dubuque until such time as City and ITC Midwest finalize a franchise agreement to operate the system; and Whereas, the City Council finds that it is in the best interests of the City of Dubuque to ap- prove the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The attached Agreement is hereby approved. Section 2. The City Manager is authorized and directed to sign the Agreement on behalf of the City of Dubuque. Passed, approved, and adopted this 21st day of November, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 11. Approval for Organizational Culture Change Consulting Services Request for Proposal (RFP): Upon motion the documents were received, filed, and approved. 12. Equity and Human Rights Department Restructuring: Upon motion the documents were received, filed, and approved. 13. Certified List: Firefighter-Paramedic/Firefighter-EMT: Upon motion the documents were received, filed, and made a matter of record. 14. Liquor License Renewals: Upon motion the documents were received and filed, and Res- olution No. 360-22 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 Liq- uor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 360-22 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS RE- QUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI- CENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQUOR, BEER AND WINE LICENSES AND PERMITS Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted and filed with the City Council for approval, and the same have been examined, provisionally approved, and/or approved; and Whereas, the premises to be occupied by such applicants were inspected and found to com- ply with the Ordinances of the City, and the applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA THAT: Section 1. The City Clerk is hereby authorized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required documenta- tion: Renewals AMC Theatres Dubuque 14 2835 NW Arterial Baymont Inn & Suites 4025 McDonald Dr. Fuji Asian Buffet 806 Wacker Dr. Suite 128 Hy-Vee Clubroom 400 S. Locust St. Mario's Italian Restaurant and Lounge 1298 Main St. Pitstop Carryout 1735 Central Ave. RMN Lounge 481 Locust St. TownePlace Suites by Marriott - Dubuque 1151 Washington St. Passed, approved, and adopted this 21st day of November 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk ITEMS SET FOR PUBLIC HEARING Motion by Roussell to receive and file the documents, adopt the resolutions, and set the public hearing as indicated. Seconded by Jones. Motion carried 7-0. 1. Flora Pool Filter Tanks and Recirculation Pump Replacement – Initiate Bidding Process and Set Public Hearing: Upon motion the documents were received and filed and Resolution No. 361-22 Flora Pool Filter Tank and Recirculation Pump Replacement Project: preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost was adopted setting a public hearing for a meeting to commence at 6:30 p.m. o n December 5, 2022, in the Historic Federal Building. RESOLUTION NO. 361-22 FLORA POOL FILTER TANK AND RECIRCULATION PUMP REPLACEMENT PROJECT: PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST Whereas, Flora Pool is a popular community amenity utilized heavily throughout the summer months by a large and diverse portion of the community ; and Whereas, due to the age of Flora Pool and its operational equipment, the need for replace- ment of the filters and recirculation pump is critical to serving the community. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The proposed plans, specifications, form of contract and estimated cost for the Flora Pool Filter Tank and Recirculation Pump Replacement Project, in the estimated cost amount of $215,000 are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. Section 2. A public hearing will be held on the 5th day of December 2022, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa, at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the pro- posed plans, specifications, form of contract, or estimated cost of the Project. Passed, approved, and adopted this 21st day of November, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk BOARDS/COMMISSIONS Appointments were made to the following boards/commissions. i. Community Development Advisory Commission: One three-year term through February 15, 2023 (Vacant term of Hammel Jr.). Applicant: Gabriel Mozena, 196 Bluff St. Motion by Sprank to appoint Mr. Mozena to the three-year term through February 15, 2023. Seconded by Resnick. Motion carried 7-0. ii. Park and Recreation Advisory Commission: One three-year term through June 30, 2023 (Vacant term of Hochberger) and one three-year term through June 30, 2025 (Vacant term of Baca). Applicants: Ron Axtell, 1895 Norland Dr.; Josh Jorgenson, 3030 Judson Crt.; Shirley Snow, 779 University Ave. Upon roll call vote, Mr. Axtel was appointed to the three-year term through June 30, 2023. Mr. Jorgenson received one vote (Wethal) and Mr. Axtel received the remaining six votes. Upon the following roll call vote, Mr. Jorgenson was appointed to the three- year term through June 30, 2025. Ms. Snow received two votes (Jones and Resnick) and Mr. Jorgenson received the remaining five votes. iii. Resilient Community Advisory Commission: One Cross Representative whose term will coincide with their term on the cross represented board or commission (Vacant Cross Repre- sentative Member term of Reber). Applicants: Thea Dement, 375 Alpine St. - Current member of Historic Preservation Commission – term expires 7/1/23; Steven Drahozal, 683 West 11th St. - Current member of Catfish Creek Watershed Management Authority - term expires 7/16/24; and Lori Ollendick, 1390 Oak Park Pl. - Current member of Park and Recreation Advisory Com- mission – term expires 7/1/25. Upon roll call vote, Mr. Drahozal was appointed to the three-year term through July 16, 2024. Mr. Drahozal received all seven votes. PUBLIC HEARINGS 1. Upper Bee Branch Creek Restoration Railroad Sanitary Interceptor Crossing Project (part of Phase IV of the Bee Branch Watershed Flood Mitigation Project): Motion by Resnick to re- ceive and file the documents and adopt Resolution No. 362-22 Approval of plans, specifications, form of contract, and estimated cost for the Upper Bee Branch Creek Railroad Sanitary Inter- ceptor Crossing Project. Seconded by Farber. Motion carried 7-0. RESOLUTION NO. 362-22 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE UPPER BEE BRANCH CREEK RAILROAD SANITARY INTERCEPTOR CROSSING PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Upper Bee Branch Creek Restoration Railroad Sanitary Interceptor Crossing Project, in the estimated amount $3,203,300.00, are hereby approved. Passed, adopted, and approved this 21st day of November 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Public Hearing and Approval of Plaza Drive Urban Revitalization Plan : Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be consid- ered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Sprank. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 39-22 Amending City of Dubuque Code of Ordinances Title 3, Revenue and Taxation, Chapter 2 Revitalization Areas, by adopting a new Section 9 Plaza Drive, establishing the Plaza Drive Urban Revitalization Area, and establishing requirements for qualifying property owners. Seconded by Sprank. Motion car- ried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 39-22 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 3, REVENUE AND TAXA- TION, CHAPTER 2 REVITALIZATION AREAS, BY ADOPTING A NEW SECTION 9 PLAZA DRIVE, ESTABLISHING THE PLAZA DRIVE URBAN REVITALIZATION AREA, AND ES- TABLISHING REQUIREMENTS FOR QUALIFYING PROPERTY OWNERS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. City of Dubuque Code of Ordinances Title 3, Chapter 2 is hereby amended by adding the following: 3-2-8: Plaza Drive - The area hereinafter described is hereby designated as the Plaza Drive Urban Revitalization Area in accordance with the code of Iowa: Lot 1 of Asbury Plaza No. 21 in the County of Dubuque, Iowa, City of Dubuque, Iowa, according to the recorded plat thereof. Section 2. The Plaza Drive Urban Revitalization Plan as attached to this ordinance is hereby adopted and approved and the properties within said described area shall be subject to the provisions of said plan. Section 3. That the Plaza Drive Urban Revitalization Plan shall hereafter be on file in the city clerk’s office, City Hall, Dubuque, Iowa. Section 4. That the City Clerk is hereby authorized and directed to publish this Ordinance on or after November 21st, 2022, provided that the City Clerk prior to that date has received no valid petition requesting a second public hearing, and in the event such petition has been re- ceived, then this Ordinance shall be null and void. Passed, approved, and adopted this 21st day of November 2022. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 25th day of November, 2022. /s/Adrienne N. Breitfelder, City Clerk PUBLIC INPUT Regarding Action Item No. 2, Duane Hagerty of Heritage Works, 489 W. 4 th St.; Bill Doyle, 1591 White St.; Emily Sewell, 14247 N. Cascade Rd.; Adam Schwendinger, 570 W. 11th St.; David Klavitter, 1090 W. 3rd St.; R.R.S. Stewart, 460 Summit St.; and Terry Mozena, (provided input virtually), 1036 W. 3rd St., spoke in opposition to the proposed ordinance. David Becker of Cottingham & Butler, 800 Main St., Emma Stapleton, 263 Hill St.; Molly Grover of the Dubuque Area Chamber of Commerce, 300 Main St.; and Rick Dickinson of Greater Dubuque Develop- ment Corporation, 205 Hill St., spoke in support of the proposed ordinance. Susan Pr ice sub- mitted virtual input for Action Item No. 2 via the GoToMeeting chat and confirmed that her com- ments can be submitted to the City Clerk to be entered into the record. City Clerk Breitfelder announced that written input was received for Action Item No. 2 from the following individuals: Gary Stoppelman of the Dubuque Museum of Art; Andrew Butler, John Butler and David Becker of Cottingham & Butler; Duane Hagerty of Heritage Works; Tom Peckosh, 2310 Simpson St.; Zackary Kenz; Jeanne Quann; Molly Grover o f the Dubuque Area Chamber of Commerce; Da- vid Hartig; Rick Dickinson of Greater Dubuque Development Corporation; and Jeff Vaassen and Danielle Jacobs of Dubuque Main St. ACTION ITEMS 1. Government Finance Officers Association (GFOA) Distinguished Budget Presentation Award: Motion by Roussell to receive and file the documents. Seconded by Farber. City Council congratulated Director of Finance and Budget Jenny Larson on the award. Responding to a question from the City Council, Ms. Larson summarized the methods that residents can submit input for the Fiscal Year 2024 budget process. Motion carried 7-0. 2. Approval of an Ordinance to Remove the Area Bounded by 7th Street, 8th Street, Bluff Street, and Locust Street from the Conservation District: Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Sprank. City Council Members expressed support for the ordinance, stating that there is a substantial need for childcare and that their scope for this request differs from the Historic Preservation Commission’s scope for the previously requested demolition permit for the structure at 781 Locust St. City Council Members also stressed their commitment to continue working together with various entities on these types of requests and that they are considered on a case-by-case basis. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 40-22 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by amending Article 10-8-A-8 pertaining to alteration of the Downtown Neighborhood Conservation District to remove the city block bounded by 7th/Locust/8th/Bluff Streets. Seconded by Sprank. Motion carried 7- 0. OFFICIAL PUBLICATION ORDINANCE NO. 40-22 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DE- VELOPMENT CODE, BY AMENDING ARTICLE 10-8-A-8 PERTAINING TO ALTERATION OF THE DOWNTOWN NEIGHBORHOOD CONSERVATION DISTRICT TO REMOVE THE CITY BLOCK BOUNDED BY 7TH, LOCUST, 8TH, BLUFF STREETS Whereas, the City of Dubuque established conservation districts to allow for the City’s review of demolition permits that might impact buildings of historic or architectural significance; and Whereas, the City’s Council Goals and Priorities, Analysis of Impediments to Fair Housing, Equitable Poverty Reduction & Prevention Plan, and Imagine Dubuque Comprehensive Plan have identified childcare as a priority; and Whereas, there is a need for quality, affordable, licensed childcare centers in the downtown area; and Whereas, Cottingham & Butler has received a $3 million State of Iowa grant to build a child- care center; and Whereas, Cottingham & Bulter has negotiated a purchase an agreement for the purchase of the Knights of Columbus building/Joliet Event Center at 781 Locust St.; and Whereas, compliance with the requirements for a daycare facility in the existing building is not feasible; and Whereas, Cottingham & Butler desires to deconstruct/demolish the building and construct a new building on the site, to be used as a childcare center; and Whereas, The Dubuque Museum of Art plans to continue to contribute to the state designated Dubuque Cultural Corridor by creating a Dubuque Art Museum Campus on this site. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, Article 10-8-A-8 is hereby amended to read as follows: 10-8-A-8 Downtown Neighborhood Conservation District Beginning at the intersection of White Street and 11th Street, thence southerly along White Street to its intersection with 5th Street; thence easterly along 5th Street to its inter- section with the railroad tracks; thence easterly along the railroad tracks to their intersec- tion with the Mississippi River; thence southerly along the riverfront across the Ice Harbor to the eastern terminus of 1st Street; thence westerly along 1st Street to its intersection with U.S. Highway 61/151; thence southerly along U.S. Highway 61/151 to its intersection with the Locust Street Connector; thence westerly along the Locust Street Connector and across Locust Street to Jones Street; thence westerly along Jones Street to its intersection with Bissell Lane; thence northerly along Bissell Lane extended to 1st Street; thence west- erly along 1st Street to its intersection with Bluff Street; thence northerly along Bluff Street to its intersection with 5th Street; thence easterly on 5th Street to its intersection with Lo- cust Street; thence northerly on Locust Street to its intersection with 8th Street; thence westerly on 8th Street to its intersection with Bluff Street; thence southerly on B luff Street to its intersection with 5th Street; thence westerly along 5th Street to the bluff line; thence northerly along the bluff line to 9th Street; thence easterly along 9th Street to its intersec- tion with Bluff Street; thence northerly along Bluff Street to its intersection with 10th Street; thence easterly along 10th Street to its intersection with Iowa Street; thence northerly along Iowa Street to its intersection with 14th Street; thence easterly along 14th Street to its intersection with White Street, thence southerly along White Street to its intersection with 13th Street, thence westerly along 13th Street to its intersection with Central Avenue, thence southerly along Central Avenue to its intersection with 11th Street, thence easterly along 11th Street to its intersection with White Street, which is the point of beginning. Section 2. The ordinance will become effective upon publication. Passed, approved, and adopted this 21st day of November, 2022. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 25th day of November, 2022. /s/Adrienne N. Breitfelder, City Clerk 3. Resolution Approving the Fourth Amendment to Development Agreement by and among the City of Dubuque, Roshek Property, LLC, Cottingham & Butler, Inc., and Heartl and Financial USA, Inc.: Motion by Farber to receive and file the documents and adopt Resolution No. 363- 22 Approving the Fourth Amendment to Development Agreement by and among the City of Dubuque, Roshek Property, LLC, Cottingham & Butler, Inc., and Heartland Financial USA, Inc. Seconded by Roussell. City Council Members expressed appreciation for the companies’ flexi- bility in amending the agreement. Motion carried 7 -0. RESOLUTION NO. 363-22 APPROVING THE FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT BY AND AMONG THE CITY OF DUBUQUE, ROSHEK PROPERTY, LLC, COTTINGHAM & BUTLER, INC. AND HEARTLAND FINANCIAL USA, INC. Whereas, the City of Dubuque, Iowa (City), Roshek Property, LLC, an Iowa limited liability company (“Developer”), and Cottingham & Butler, Inc., an Iowa corporation (“C & B Employer”) and Heartland Financial USA, Inc. a Delaware corporation (“Heartland Employer”) (collectively referred to as “Employers”), entered into a Development Agreement, as amended, dated for reference purposes the 16th of December, 2019; and Whereas, the City, Developer and Employers now desire to amend the Agreement as set forth in the attached Fourth Amendment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA AS FOLLOWS: Section 1. The Fourth Amendment to Development Agreement attached hereto is hereby approved. Section 2. The City Manager is hereby authorized and directed to take such action as may be necessary to carry out the terms of the Development Agreement, as amended . Passed, approved, and adopted this 21st day of November, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 4. Work Session Request - Five Flags: Motion by Roussell to receive and file the documents and schedule the work session for Monday, December 5, 2022, at 5:30 p.m. Seconded by Wethal. Request to amend the motion by Jones to start the work session at 5:00 p.m. to begin with a walking tour of Five Flags. Motion amended by Roussell and seconded by Wethal. Motion carried 7-0. 5. Dubuque County Watershed Partnership – 28E Agreement: Motion by Jones to receive and file the documents and view the presentation. Seconded by Roussell. Civil Engineer II Deron Muehring and Watershed Program Director Eric Schmechel made a presentation outlining some of the successes of the Watershed Agreement partnership. Responding to questions from the City Council, Mr. Muehring and Mr. Schmechel summarized the various regulatory agencies involved with farm run-off and shared that conservation plans are available for farms. Mr. Schmechel stated that the organization was not receiving American Rescue Plan Act (ARPA) funding. Motion carried 7-0. 6. Bee Branch Creek Trail Phase 1 Project: Motion by Resnick to receive and file the docu- ments and adopt Resolution No. 364-22 Awarding Public Improvement Contract for the Bee Branch Creek Trail Project– Phase 1 Project, Iowa DOT Project No. Tap-2100(697)—8I-31. Seconded by Sprank. Motion carried 7-0. RESOLUTION NO. 364-22 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE BEE BRANCH CREEK TRAIL PROJECT – PHASE 1 PROJECT, IOWA DOT PROJECT NO. TAP-2100(697)—8I-31 Whereas, sealed proposals were opened and read by the Iowa Department of Transportation on the 15th day of November, 2022 and it has been determined that Tschiggfrie Excavating Co. of Dubuque, IA with a bid amount of $604,809.62 is the lowest responsive, responsible bidder for the project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the City concurs with awarding a Public Improvement Contract for the Project subject to Iowa Department of Transportation concurrence and approval of award to Tschiggfrie Excavating Co. and execute a Public Improvement Construction Contract on behalf of the City of Dubuque for the Project. Passed, adopted, and approved this 21st day of November 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 7. Amending Ordinance 38-22 for the Derby Grange Road Housing Urban Renewal Area : 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 Wethal. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 41-22 Amending Or- dinance No. 38-22 providing that general property taxes levied and collected each year on all property located within the Derby Grange Road Housing Urban Renewal Area, in the City of Dubuque, County of Dubuque, State of Iowa, by and for the benefit o f 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 said Derby Grange Road Housing Urban Renewal Area by revising the boundaries of the Derby Grange Road Housing Urban Renewal Area as described herein . Seconded by Wethal. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 41-22 AMENDING ORDINANCE NO. 38-22 PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE DERBY GRANGE ROAD HOUSING URBAN RENEWAL AREA, IN THE CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF DUBUQUE, COUNTY OF DUBUQUE, DUBUQUE COMMUNITY SCHOOL DISTRICT AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS, MONIES ADVANCED TO AND IN- DEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNECTION WITH SAID DERBY GRANGE ROAD HOUSING URBAN RENEWAL AREA BY REVISING THE BOUNDARIES OF THE DERBY GRANGE ROAD HOUSING UR- BAN RENEWAL AREA AS DESCRIBED HEREIN Whereas, the City Council of the City of Dubuque, Iowa, after public notice and hearing as prescribed by law and pursuant to Resolution No. 14-17-A passed and approved on the 17th day of April, 2017, adopted an Urban Renewal Plan (the "Urban Renewal Plan") for an urban renewal area known as the Derby Grange Road Housing Urban Renewal Area (the "Urban Re- newal Area"); and Whereas, expenditures and indebtedness are anticipated to be incurred by the City of Dubu- que, Iowa in the future to finance urban renewal project activities carried out in furtherance of the objectives of the Urban Renewal Plan and the future needs for redevelopment within the Urban Renewal Area are such as to require the application of the incremental tax resources of the Urban Renewal Area; and Whereas, the City Council of the City of Dubuque, Iowa desires to provide for the division of revenue from taxation in the Urban Renewal Area, as above described, in accordance with the provisions of Section 403.19 of the Code of Iowa, as amended, and the Urban Renewal Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. For purposes of this Ordinance, the following terms have the following meanings: a. Urban Renewal Project Area shall include that area described as follows: All that part of the right of way of John F. Kennedy Road lying between the following described line: A line beginning at the intersection of the west line of Lot 3 of Lot 2 of Helen E. and Mary H. Stewart Subdivision and the south right of way line of John F. Kennedy Road which then runs northeasterly perpendicular to said south right of way line and term i- nates at the northerly right of way line of John F. Kennedy Road ; and and the Northeasterly extension of the Northerly line of Lot 2 of Barton Randle Addi- tion, City of Dubuque, Iowa; and All that part of the Easterly half of the right of way of John F. Kennedy Road lying between the Northeasterly extension of the Northerly line of Lot 2 of Barton Randle Addition, City of Dubuque, Iowa, and the Easterly extension of the Southerly line of Lot 2 of Lot 1 of the Subdivision of the Southeast Quarter of the Southwest Quarter of Sec- tion 9, T89N, R2E of the 5th P.M., Dubuque County, Iowa; and A part of Lot 2 the Subdivision of Lot 1 of the Southeast ¼ of the Southwest ¼ of Section 9, Township 89 North, Range 2 East of the 5th Principal Meridian, in the County of Dubuque, Iowa, more particularly described as follows: Commencing as a point of reference at the Northwest corner of Lot 2 of the Subdivi- sion of Lot 1 of the Southeast ¼ of the Southwest ¼ of Section 9, Township 89 North, Range 2 East of the 5th Principal Meridian, in the County of Dubuque, Iowa; Thence North 88 Degrees 39 Minutes 26 Seconds East along the North line of said Lot 2 a distance of 731.49 feet to the point of beginning; Thence continuing North 88 Degrees 39 Minutes 26 Seconds East along the North line of said Lot 2 a distance of 137.55 feet to the Northeast corner of said Lot 2; Thence Southeasterly along the East line of said Lot 2, being a circular curve concave to the East, having a radius of 955.37 feet, a chord of 191.31 feet which bears South 06 Degrees 13 Minutes 07 Seconds East, an arc length of 191.63 feet; Thence South 11 Degrees 58 Minutes 32 Seconds East along said East line a distance of 258.07 feet to the Southeast corner of said Lot 2; Thence South 88 Degrees 05 Minutes 36 Seconds West along the South line of said Lot 2 a distance of 33.52 feet to a point on the West right of way line of Kennedy Road; Thence North 11 Degrees 58 Minutes 32 Seconds West along said west right of way line a distance of 279.21 feet; Thence Northwesterly along said West right of way line, being a circular curve concave to the East having a radius of 988.37 feet, a chord of 34.46 feet which bears North 10 Degrees 57 Minutes 57 Seconds West, an arc length of 34.46 feet; Thence North 47 Degrees 24 Minutes 27 Seconds West along said West right of way line a distance of 159.58 feet to a point on the South right of way line of Derby Grange Road; Thence North 02 Degrees 06 Minutes 27 Seconds West a distance of 52.00 feet to the point of beginning; and All that part of Lot 2 of the Northeast ¼ of the Southwest ¼ of Section 9, T89N, R2E of the 5th P.M., Dubuque County, Iowa, lying within the existing right of way of North Cascade Road; and All of Lot 1 of Tscharner Place No. 4, Section 9, Township 89 North, Range 2 East of the 5th P.M., Dubuque County, Iowa; and All that part of Lot 2 of Tscharner Place No. 3, Dubuque County, Iowa, lying South of the North line of the Southwest Quarter of Section 9, T89N, R2E of the 5 th P.M. and East of the Westerly right of way line of John F. Kennedy Road; and All of Lot 1-A of The Barony, Dubuque County, Iowa; and All that part of the Northwesterly half of the right of way of John F. Kennedy Road lying Westerly of the West line of Lot 1 of Hope Evangelical Free Church 1 st Addition, Dubuque County, Iowa, and lying Easterly of the Southerly extension of the West line of Lot 1-A of The Barony, Dubuque County, Iowa; and The West 19.85 acres of the North Half of the Southeast Quarter of the Northeast Quarter of Section 9, Township 89 North, Range 2 East of the 5th P.M., Dubuque County, Iowa (also known as the North Half of the Southeast Quarter of the Northeast Quarter of Section 9, Township 89 North, Range 2 East of the 5 th P.M., except 10 feet on the East side of said 20 acres of land reserved for a private roadway, in Dubuque County, Iowa). (b) Urban Renewal Plan shall mean the Urban Renewal Plan for the Derby Grange Road Housing Urban Renewal Area, approved by Resolution No. 133-17-A on April 17, 2017, as the same may be amended from time to time. Section 2. That the taxes levied on the taxable property in the Urban Renewal Area, legally described in Section 1 hereof, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and all other taxing districts from and after the effective date of this Ordinance shall be divided as hereinafter in this Ordinance pro- vided. Section 3. That portion of the taxes which would be produced by the rate at which the tax is levied each year by or for each of the taxing districts upon the total sum of the assessed value of the taxable property in the Urban Renewal Area, as shown on the assessment roll as of January 1, 2016, being January 1 of the calendar year preceding the first calendar year in which the City of Dubuque is expected to certify to the County Auditor the amount of loans, advances, indebtedness, or bonds payable from the division of property tax revenue described herein, shall be allocated to and when collected be paid into the fund for the respective taxing district as taxes by or for the taxing district into which all other property taxes are paid. The taxes so determined shall be referred to herein as the "base period taxes" for such Urban Renewal Area. Section 4. That portion of the taxes each year in excess of the base period taxes determined for the Urban Renewal Area as provided in Section 3 of this Ordinance shall be allocated to and when collected be paid into a special tax increment fund of the City of Dubuque, Iowa hereby established, to pay the principal of and interest on loans, monies advanced to, indebtedness, whether funded, refunded, assumed or otherwise, including bonds or obligations issued under the authority of Section 403.9 or 403.12 of the Code of Iowa, as amended, incurred by the City of Dubuque, Iowa, to finance or refinance, in whole or in part, urban renewal projects undertaken within the Urban Renewal Area pursuant to the Urban Renewal Plan, except that (i) taxes for the regular and voter-approved physical plant and equipment levy of a school district imposed pursuant to Iowa Code Section 298.2 and taxes for the instructional support program of a school district imposed pursuant to Iowa Code Section 257.19 (but in each case only to the extent required under Iowa Code Section 403.19(2)); (ii) taxes for the payment of bonds and interest of each taxing district; (iii) taxes imposed under Iowa Code Section 346.27(22) related to joint county-city buildings; and (iv) any other exceptions described in Section 403.19 shall be col- lected against all taxable property within the Urban Renewal Project Area without any limitation as hereinabove provided. Section 5. Unless or until the total assessed valuation of the taxable property in the Urban Renewal Project Area exceeds the total assessed value of the taxable property in the Urban Renewal Area as shown by the assessment rolls referred to in Section 3 of this Ordinance, all of the taxes levied and collected upon the taxable property in th e Urban Renewal Area shall be paid into the funds for the respective taxing districts as taxes by or for said taxing districts in the same manner as all other property taxes. Section 6. At such time as the loans, advances, indebtedness, bonds and interest thereon of the City of Dubuque, Iowa referred to in Section 4 hereof have been paid, all monies thereafter received from taxes upon the taxable property in the Urban Renewal Area shall be paid into the funds for the respective taxing districts in the same manner as taxes on all other property. Section 7. All ordinances or parts of ordinances in conflict with the provisions of this Ordi- nance are hereby repealed. The provisions of this Ordinance are intended and shall be con- strued so as to fully implement the division of taxes from taxable property in the Urban Renewal Area under the provisions of Section 403.19 of the Code of Iowa. In the event that any provision of this Ordinance shall be determined to be contrary to law it shall not affect other provisions or application of this Ordinance which shall at all times be construed to fully invoke the provisions of Section 403.19 of the Code of Iowa with reference to the Urban Renewal Area and the territory 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 21st day of November, 2022. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 25th day of November, 2022. /s/Adrienne N. Breitfelder, City Clerk 8. Trash Cart Distribution Update: Motion by Resnick to receive and file the documents and view the presentation. Seconded by Farber. Public Works Director John Klostermann, Assistant Public Works Director Arielle Swift, and Resource Management Supervisor Jacob Jansen pro- vided an update on the city's trash cart distribution. Responding to questions from the City Coun- cil, Mr. Klostermann and Ms. Swift stated that the department has considered hiring contractors to deliver the trash carts but envisions that staff involvement would be beneficial and that the updated work order system will assist with the distribution process. City Manager Van Milligen summarized the public works staff incentive program, stating that all public works staff complete their shift at the same time, and that staff are dispatched to assist with unfinished routes until all routes are completed. Responding to a question from the City Council, Mr. Jansen and Mr. Klostermann described their outreach efforts to residents, stating that residents can contact the Public Works Department with any questions or can visit the department to view the trash carts. Motion carried 7-0. 9. Work Session Request - Central Avenue Corridor Streetscape Master Plan Draft: Motion by Jones to receive and file the documents and schedule the work session for Monday, Decem- ber 19, 2022, at 5:30 p.m. Seconded by Sprank. No schedule conflicts were expressed. Motion carried 7-0. 10. Request to Reschedule July 3, 2023, City Council meeting to July 5, 2023: Motion by Farber to receive and file the documents and reschedule the meeting as recommended. Se- conded by Roussell. Responding to a question from the City Council, City Attorney Brumwell stated that city code provides the ability to reschedule meetings based on holidays a nd other circumstances. Council Member Resnick stated that he is unable to attend. Motion carried 7 -0. COUNCIL MEMBER REPORTS Council Member Roussell and Mayor Cavanagh reported on attending the National League of Cities City Summit. Council Member Sprank reported on volunteering at multiple food giveaways. CLOSED SESSION Motion by Jones to convene in closed session at 9:16 p.m. to discuss Purchase or Sale of Real Estate – Chapter 21.5(1)(j) Code of Iowa. Seconded by Resnick. Mayor Cavanagh stated for the record that the attorney who will consult with City Council on the issues to be discussed in the closed session is City Attorney Brumwell. Motion carried 7-0. The City Council reconvened in open session at 9:25 p.m. stating that staff had been given proper direction. There being no further business, Mayor Cavanagh declared the meeting adjourned at 9:25 p.m. /s/Adrienne N. Breitfelder, City Clerk