6 5 17 City Council Proceedings Official_Regular CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:00 p.m. on June 5, 2017 in the
Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Connors, Del Toro, Jones, Lynch, Resnick,
Rios; City Manager Van Milligen, City Attorney Brumwell
Mayor Buol read the call and stated this is a regular session of the City Council called
for the purpose of conducting such business that may properly come before the City
Council.
PLEDGE OF ALLEGIANCE
PRESENTATION(S)
1 . DARE Essay Contest Winners: Mayor Buol and DARE Officer Rick Fullmer recog-
nized the winners of the annual DARE essay contest, Estella Brown, Delanie Wright, Jas-
mine Roa-Baerga and Loryn Link (not present).
2. ARK Advocates Distinguished Community Service Award: Leisure Services Recre-
ation Division Manager Dan Kroger presented Recreation Supervisor Janna Beau with
the ARK Advocates Distinguished Community Service Award for her efforts to bring adap-
tive sports to Dubuque.
PROCLAMATION(S)
1 . Juneteenth Celebration Day (June 17, 2017) was accepted by Sarah Peterson, As-
sistant Director of the Multicultural Family Center.
2. LGBTQ+ Pride Month (June 2017) was accepted by Jessica Perry, Facilitator for
Dubuque Council of Achieving Maximum Potential.
3. A City of Welcome and Opportunity: was accepted by Paul Uzel and Mauricio Cas-
taneda of You're Welcome Here / Indivisible Dubuque.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose
of as indicated. Seconded by Del Toro. Motion carried 7-0.
1 . Minutes and Reports Submitted: City Council Proceedings of 5/15, 5/22; Five Flags
Civic Center Advisory Commission of 5/22; Housing Commission of 3/28; Historic Preser-
vation Commission of 5/18; Library Board of Trustees of 4/27; Long Range Planning Ad-
visory Commission of 5/17; Sister City Relationship Advisory Commission of 5/17; Transit
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Advisory Board of 5/11 ; Proof of Publication for City Council Proceedings of 5/8; Proof of
Publication for List of Claims and Summary of Revenues for Month Ending 4/30. Upon
motion the documents were received and filed.
2. Notice of Claims and Suits: Cathleen Clausen for vehicle damage, Richard Kaufman
for vehicle damage, Mathew Kowalske for vehicle damage, Kathryn Oleson for personal
injury, Robert Mootz for vehicle damage, Corrine Morris for vehicle damage, Carol Moyer
for property damage, Courtney Schminkey for vehicle damage, suit by Kathleen McCarthy
for the estate of Thomas McCarthy for wrongful death. Upon motion the documents were
received, filed and referred to City Attorney.
3. Disposition of Claims: City Attorney advising that the following claims have been
referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As-
surance Pool: Cathleen Clausen for vehicle damage; Richard Kaufman for vehicle dam-
age; Mathew Kowalske for vehicle damage; Robert Mootz for vehicle damage; Corrine
Morris for vehicle damage; Carol Moyer for property damage; Kathryn Oleson for personal
property; Courtney Schminkey for vehicle damage; Kyle Stoffel for vehicle damage. Upon
motion the documents were received, filed and concurred.
4. Operating Engineers Local 234 - Amendment to the Collective Bargaining Agree-
ment: City Manager recommending that the Collective Bargaining Agreement between
the City of Dubuque and the International Union of Operating Engineers, Local #234 be
amended to provide additional compensation in the amount of$150 per pay period when
a Grade 4 Water Plant Operator is assigned the responsibility of maintaining and signing
the Water Department monthly operating reports that are submitted to the Department of
Natural Resources. Upon motion the documents were received, filed and approved.
5. Civil Service Commission - Certified Lists: Civil Service Commission submitting the
Certified Lists for the positions of Transit Dispatcher/Scheduler and Maintenanceworker.
Upon motion the documents were received, filed and made a Matter of Record.
May 3, 2017
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, an examination for the position
of Transit Dispatcher/Scheduler was administered on April 4, 2017. We hereby certify that
the individuals listed below have passed this written examination and the vacancy for this
position should be made from this list and that this list is good for two (2) years from above
date.
Transit Dispatch/Scheduler
1 Susan Olsen 15 Amy DeVries 29 Andrea Koppes
2 James Mensen 16 Peggy Eppler 30 Daniel Petersen
3 Brian Patnaude 17 Lindsay McGinnis 31 William Schneider
4 Stacy Francois 18 Russell Bahl 32 Susan Voss
5 Justin Licht 19 Jennifer Cooper 33 Ashley Avenarius
6 Cheryl Pregler 20 Jennifer Duffy 34 Leslie Hansen
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7 Josh Saul 21 Cynthia Sanders 35 Michelle Johanningmeier
8 Brooke Huberty 22 Jennifer Welsh 36 Laura Klatt
9 Nick Connolly 23 Janelle Wilwert 37 Debra Searles
10 Elorise Harris 24 Jillian Funk 38 Charles Harris
11 Lisa Powers 25 Julie Miller 39 Thomas Kirmse
12 Steven Thiltgen 26 Laura Richard 40 Douglas Kuehn
13 Carroll Clark 27 Stacie Scott 41 Deborah Pottebaum
14 Belinda Daack 28 Catherine Cole
Respectfully submitted,
/s/Dan White, Chairman
Civil Service Commission
May 3, 2017
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, an examination for the position
of Maintenanceworker was administered on April 11 , 2017. We hereby certify that the
individuals listed below have passed this written examination and the vacancy for this
position should be made from this list and that this list is good for two (2) years from above
date.
Maintenanceworker
1 Nicholas McLaughlin 17 Drew Noel 33 Justin Licht
2 Brian Donovan 18 Samuel Thoma 34 Robert Byers
3 Brian Schuster 19 Nick Connolly 35 Michael Conner
4 Kevin Munson 20 Paul Neuhaus 36 Christopher Voss
5 Jeffrey Davis, Jr. 21 Richard Asbell 37 Martin Kearney
6 Paul Goldstein 22 Daniel Bellows 38 Michael Krogman
7 Eric Rogers 23 Jayson Freiburger 39 Tim Neuhaus
8 William Bodish 24 Randy Hefei 40 William Frye
9 Jerome Ben 25 Terrance Leibold 41 Nicholas Jansen
10 Corey Goedken 26 Nathan McLaughlin 42 Chris Lahey
11 Douglas Kuehn 27 David Nauman 43 Perry Martin
12 Luke Rupp 28 Steve Valentine 44 Andy Palmer
13 Christopher Tigges 29 Scott Warren 45 Brian Reuter
14 Jayson White 30 David Apel 46 Dale Richardson
15 Jamie Hutchins 31 Steve Cornish 47 Jacob Trierweuler
16 Tim Lawler 32 Jeff Leibold 48 Matt Webb
Eligible Employee:
Martin Baumgartner
Respectfully submitted,
/s/Dan White, Chairman
Civil Service Commission
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6. Community Needs Assessment-Mental Health Services: City Manager transmitting
Project Hope's 2016 Community Needs Assessment for Mental Health Services con-
ducted by the United Way and the Community Foundation of Greater Dubuque. Upon
motion the documents were received and filed.
7. Advocacy for Federally Qualified Health Centers and Medicaid Expansion: City Man-
ager transmitting information about the significant changes to the health care system that
will impact all 1 ,400 community health centers across the country and over 25 million
people health care centers serve and recommending approval to send letters to Senator
Charles Grassley and Senator Joni Ernst advocating for health centers. Upon motion the
documents were received, filed and approved.
8. Delinquent Grass, Weed Cutting and Garbage Collection Charges: City Manager
recommending adoption of a resolution authorizing the City Clerk to certify grass and
weed cutting and garbage collection charges to the Dubuque County Treasurer in order
to establish real property liens for collection of such charges. Upon motion the documents
were received and filed and Resolution No. 186-17 Authorizing the City to Collect Delin-
quent Grass and Weed Cutting and Garbage Collection Charges in accordance with Title
6-4-3A; Title 6-4-5A and Title 6-4-5B of the Code of Ordinances of the City of Dubuque,
Iowa was adopted.
RESOLUTION NO. 186-17
RESOLUTION AUTHORIZING THE CITY TO COLLECT DELINQUENT GRASS AND
WEED CUTTING AND GARBAGE COLLECTION CHARGES IN ACCORDANCE WITH
TITLE 6-4-3A; TITLE 6-4-5A & TITLE 6-4-5B OF THE CODE OF ORDINANCES OF
THE CITY OF DUBUQUE, IOWA
Whereas, residential properties in the City of Dubuque are considered substandard if
any conditions exist to an extent that endanger life, limb, health, property, safety or wel-
fare of the public or the occupants thereof; and
Whereas, whenever in the judgment of the Housing Officer, a nuisance that is"palpably
and indisputably such" exists which requires immediate action to protect the public health,
safety or welfare of the public, the Housing Officer may order the emergency abatement
of such; and
Whereas, delinquent grass and weed cutting and garbage collection charges shall be
certified by the City Clerk to the Dubuque County Treasurer for collection with, and in the
same manner as general property taxes.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section I. That the persons listed on the attached Grass/Weed/Garbage Assessment
Schedule are delinquent in the payment of grass and weed cutting and garbage collection
charges:
Section 2. That the City Clerk be and is hereby ordered and directed to certify to the
County Treasurer of Dubuque County, Iowa, that the persons named on the attached
Grass/Weed/Garbage Assessment Schedule are delinquent in the payment of grass and
weed cutting and garbage collection charges in the amount set aside of the respective
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names, and that said amounts shall be collected in the same manner as general property
taxes against the respective parcels of property set opposite the names of the owners.
Passed, approved and adopted this 5th day of June, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
9. Approval and Acceptance of Easement and Right-of-Way at 2620 Dodge Street:
City Manager recommending approval and acceptance of an Easement and Right-of-Way
Agreement for an existing public water main across part of Lot 2 of Plaza 20 No. 2, located
at 2620 Dodge Street owned by KAD 2016, LLC (Starbucks). Upon motion the documents
were received and filed and Resolution No. 187-17 Accepting a Grant of Easement for
Water Main through, over and across part of Lot 2 of Plaza 20 No. 2, in the City of Dubu-
que, Iowa was adopted.
RESOLUTION NO. 187-17
ACCEPTING A GRANT OF EASEMENT FOR WATER MAIN THROUGH, OVER AND
ACROSS PART OF LOT 2 OF PLAZA 20 NO. 2, IN THE CITY OF DUBUQUE, IOWA
Whereas, KAD 2016, LLC, has executed an Easement and Right of Way Agreement
for Water Main through, over and across Part of Lot 2 of Plaza 20 No. 2 in the City of
Dubuque, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . The City Council of the City of Dubuque, Iowa, hereby approves of, accepts
and consents to the Easement and Right of Way Agreement for Water Main through, over
and across Part of Lot 2 of Plaza 20 No. 2 in the City of Dubuque, Iowa as shown on the
Easement Exhibit, from KAD 2016, LLC, a copy of which is attached hereto.
Section 2. The Mayor is hereby authorized and directed to execute and acknowledge
on behalf of the City of Dubuque any instruments in connection herewith.
Section 3. The City Clerk is hereby authorized to and directed to record this resolution
and Easement and Right of Way Agreement with the Dubuque County Recorder.
Passed, approved and adopted this 5th day of June, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
10. AmeriCorps-United Way Partner Agreement: City Manager recommending ap-
proval to execute the AmeriCorps Partners in Learning New and Targeted Initiatives
Grant from the United Way of Dubuque Area Tri-States. Upon motion the documents were
received, filed and approved.
11 . Contracted Services Agreement - America's River Corporation for Fiscal Year
2018: City Manager recommending approval of the Contracted Services Agreement for
Fiscal Year 2018 with America's River Corporation. Upon motion the documents were
received, filed and approved.
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12. Contracted Services Agreement - Crescent Community Health Center for Fiscal
Year 2018: City Manager recommending approval of the Contracted Services Agreement
for Fiscal Year 2018 with Crescent Community Health Center. Upon motion the docu-
ments were received, filed and approved.
13. Contracted Services Agreement - Dubuque Area Labor Management Council for
Fiscal Year 2018: City Manager recommending approval of the Contracted Services
Agreement for Fiscal Year 2018 with the Dubuque Area Labor Management Council.
Upon motion the documents were received, filed and approved.
14. Contracted Services Agreement - Dubuque Area Convention and Visitors Bureau
for Fiscal Year 2018: City Manager recommending approval of the Contracted Services
Agreement for Fiscal Year 2018 with the Dubuque Area Convention and Visitors Bureau.
Upon motion the documents were received, filed and approved.
15. Contracted Services Agreement - Dubuque Main Street for Fiscal Year 2018: City
Manager recommending approval of the Contracted Services Agreement for Fiscal Year
2018 with Dubuque Main Street. Upon motion the documents were received, filed and
approved.
16. Dubuque Main Street Program Agreement for Fiscal Year 2018: City Manager rec-
ommending approval of a Program Agreement between Dubuque Main Street, the City
of Dubuque and the Iowa Department of Economic Development. Upon motion the doc-
uments were received and filed and Resolution No. 188-17 Resolution of Support and
Financial Commitment for the Main Street Program in Dubuque was adopted.
RESOLUTION NO. 188-17
RESOLUTION OF SUPPORT AND FINANCIAL COMMITMENT FOR THE MAIN
STREET PROGRAM IN DUBUQUE
Whereas, an Agreement between the Iowa Economic Development Authority, Dubu-
que Main Street, and the City of Dubuque for the purpose of continuing the Main Street
Iowa program in Dubuque; and
Whereas, this Agreement is pursuant to contractual agreements between the National
Trust for Historic Preservation and the Iowa Economic Development Authority to assist in
the revitalization of the designated Main Street project area of Dubuque, Iowa; and
Whereas, the City Council of Dubuque endorses the goal of economic revitalization of
the historic commercial district within the context of preservation and rehabilitation of its
historic buildings and supports the continuation of the Main Street Four Point Approach®
as developed by the National Trust for Historic Preservation and espoused by Main Street
Iowa.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Dubuque,
Iowa, meeting in regular session on June 5, 2017, that the City of Dubuque hereby agrees
to support both financially and philosophically the work of Dubuque Main Street and des-
ignates the Main Street Board to• supervise the Program Director.
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Passed, approved, and adopted this 5th day of June, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
17. Contracted Services Agreement - DuRide for Fiscal Year 2018: City Manager rec-
ommending approval of the Contracted Services Agreement for Fiscal Year 2018 with
DuRide. Upon motion the documents were received, filed and approved.
18. Contracted Service Agreement - Every Child / Every Promise for Fiscal Year 2018:
City Manager recommending approval of the Contracted Services Agreement for Fiscal
Year 2018 with Every Child / Every Promise. Upon motion the documents were received,
filed and approved.
19. Contracted Services Agreement - Greater Dubuque Development Corporation for
Fiscal Year 2018: City Manager recommending approval of the Contracted Services
Agreement for Fiscal Year 2018 with the Greater Dubuque Development Corporation.
Upon motion the documents were received, filed and approved.
20. Contracted Services Agreement - Inclusive Dubuque for Fiscal Year 2018: City
Manager recommending approval of the Contracted Services Agreement for Fiscal Year
2018 with Inclusive Dubuque. Upon motion the documents were received, filed and ap-
proved.
21 . Contracted Services Agreement - Operation: New View Community Action Agency
for Fiscal Year 2018: City Manager recommending approval of the Contracted Services
Agreement for Fiscal Year 2018 with Operation: New View Community Action Agency.
Upon motion the documents were received, filed and approved.
22. Contracted Services Agreement - Project H.O.P.E. for Fiscal Year 2018: City Man-
ager recommending approval of the Contracted Services Agreement for Fiscal Year 2018
with Project H.O.P.E. Upon motion the documents were received, filed and approved.
23. Pre-Annexation Agreement - Dennis Watters: City Manager recommending ap-
proval of a Pre-Annexation Agreement with Dennis Watters for Watters Homestead,
12204 N. Cascade Road, as part of approving the Plat of Survey and as established by
the City's Fringe Area Development Standards of the Unified Development Code. Upon
motion the documents were received and filed and Resolution No. 189-17 Approving a
Pre-Annexation Agreement between the city of Dubuque and Dennis Watters was
adopted.
RESOLUTION NO. 189-17
APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBU-
QUE, IOWA AND DENNIS WATTERS
Whereas, Dennis Watters, the owner of the following described property 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:
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The East % of Lot 1 of the SE 1/4 SE 1/4 of Section 4, Township 88 North, Range 2
East of the 5th p.m.
Whereas, Dennis Watters 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 Dennis Watters and the
City of Dubuque is hereby approved.
Passed, approved and adopted this 5th day of June, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
24. Code of Ordinances - Adoption of Supplement No. 25: City Clerk recommending
adoption of Supplement No. 25 to the City of Dubuque Code of Ordinances. Upon motion
the documents were received and filed and Resolution No. 190-17 Adopting Supplement
No. 25 to the Code of Ordinances of the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 190-17
ADOPTING SUPPLEMENT NO. 25 TO THE CODE OF ORDINANCES OF THE CITY
OF DUBUQUE, IOWA
Whereas, under date of August 17, 2009, the City Council, pursuant to Ordinance No.
43-09, readopted the Code of Ordinances of the City of Dubuque, Iowa in its entirety; and
Whereas, since August 17, 2009 the City Council of the City of Dubuque, Iowa has
adopted certain ordinances amending the Code of Ordinances and said amendments
have been printed as supplements to the Code of Ordinances; and
Whereas, Section 380.8 of the Code of Iowa provides that supplements, by resolution,
become part of the Code of Ordinances.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . That Supplement No. 25 to the City of Dubuque Code of Ordinances, that
codifies Ordinance Nos. 4-17, 5-17, 7-17 through 10-17 and 16-17 as adopted by the City
Council through April 2017, prepared by the Sterling Codifiers, Inc.; and filed in the Office
of the City Clerk of the City of Dubuque, Iowa is hereby adopted and becomes part of the
Code of Ordinances of the City of Dubuque, Iowa.
8
Passed, approved and adopted this 5th day of June, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
25. Ahlers & Cooney Law Firm Letter of Engagement: City Manager recommending
approval to engage the Ahlers & Cooney Law Firm to provide legal services pertaining to
negotiations with the railroad and for some remaining property acquisition work effective
May 22, 2017, and authorize the Mayor to sign the letter of engagement. Upon motion
the documents were received, filed and approved.
26. Jackson Park Lighting Project Award: City Manager recommending that the award
for the Jackson Park Street Lighting Project to Hawkeye Electric be officially recorded in
the minutes of the City Council. Upon motion the documents were received, filed and
made a Matter of Record.
27. 1100 South Grandview Storm Sewer Project: City Manager recommending that the
costs for the 1100 South Grandview Avenue Storm Sewer Project be officially recorded
in the minutes of the City Council. Upon motion the documents were received, filed and
made a Matter of Record.
28. Letter of Support for Heritage Trail: City Manager transmitting a Letter of Support
to Dubuque County Conservation Board for an Iowa State Recreation Trail grant applica-
tion to replace Bridge #27 on the Heritage Trail. Upon motion the documents were re-
ceived and filed.
29. Iowa Department of Transportation - Amended Traffic Safety Grant Agreement for
Grandview Avenue and Loras Boulevard Intersection Improvements Project: City Man-
ager recommending approval for the Mayor to execute an agreement with the Iowa De-
partment of Transportation for Traffic Safety Improvement Program Funding for the
Grandview Avenue and Loras Boulevard intersection improvements. Upon motion the
documents were received and filed and Resolution No. 191-17 Approving the Amended
Iowa Department of Transportation Agreement for Traffic Safety Improvement Program
funding for the City of Dubuque Grandview Avenue at Loras Boulevard Intersection Im-
provements was adopted.
RESOLUTION NO. 191-17
RESOLUTION APPROVING THE AMENDED IOWA DEPARTMENT OF TRANSPOR-
TATION AGREEMENT FOR TRAFFIC SAFETY IMPROVEMENT PROGRAM FUND-
ING FOR THE CITY OF DUBUQUE GRANDVIEW AVENUE AT LORAS BOULEVARD
INTERSECTION IMPROVEMENTS
Whereas, the increasing growth of traffic volumes, along with operational and safety
concerns, at the Grandview Avenue at Loras Boulevard intersection in the City of Dubu-
que could be improved by intersection and traffic signal improvements; and
Whereas, the City of Dubuque has determined that improvements to this intersection,
as recommended in the East-West Corridor Connectivity Study of the Grandview Avenue
9
at Loras Boulevard and Grandview Avenue as provided by HDR Engineering and Dubu-
que Metropolitan Area Transportation Study (DMATS) Long-Range Transportation Plans,
will improve traffic flow; and
Whereas, the total cost for these improvements is $259,357.04. The Traffic Safety Im-
provement Funding Program will fully fund this project with no additional City match funds
required.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, THAT:
Section 1 . That said Amended Traffic Safety Improvement Program Funding in the City
of Dubuque for the Grandview Avenue at Loras Boulevard Improvements is hereby ap-
proved.
Section 2. That the Mayor be authorized and directed to execute two copies of said
Agreement for Traffic Safety Improvement Program Funding in the City of Dubuque for
the Grandview Avenue at Loras Boulevard Intersection Improvements.
Passed, approved and adopted this 5th day of June, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
30. Iowa Department of Transportation Cooperative Agreement for the SW Arterial -
Military Road to Olde Davenport Road East Grading Project: City Manager recommend-
ing approval for the Mayor to execute the Iowa Department of Transportation Cooperative
Agreement for the Southwest Arterial-East Grading Project from Military Road to Olde
Davenport Road. Upon motion the documents were received and filed and Resolution
No. 192-17 Approving the Cooperative Agreement (Agreement No. 2017-16-146) be-
tween the City of Dubuque and Iowa Department of Transportation for the Southwest
Arterial - East Grading Project from Military Road to Olde Davenport Road was adopted.
RESOLUTION NO. 192-17
RESOLUTION APPROVING THE COOPERATIVE AGREEMENT (AGREEMENT NO.
2017-16-146) BETWEEN THE CITY OF DUBUQUE AND IOWA DEPARTMENT OF
TRANSPORTATION FOR THE SOUTHWEST ARTERIAL — EAST GRADING PRO-
JECT FROM MILITARY ROAD TO OLDE DAVENPORT ROAD
Whereas, the Dubuque City Council, the Dubuque County Board of Supervisors, the
Dubuque Metropolitan Area Transportation Study (DMATS), the Dubuque Area Chamber
of Commerce and the Greater Dubuque Development Corporation have all identified the
completion of the Southwest Arterial Project as the No. 1 surface transportation priority in
the Dubuque area; and
Whereas, the City of Dubuque (City) and Iowa Department of Transportation (Iowa
DOT) desire to maintain and increase transportation infrastructure while improving safety
for the motorist within the City of Dubuque and Dubuque County and acknowledge the
mutual benefit to partner on the Southwest Arterial Project; and
Whereas, the City and the Iowa DOT executed a Memorandum of Understanding
(MOU) and a Transfer of Roadway Jurisdiction (TOJ) for the completion of the Southwest
Arterial project; and
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Whereas, the Iowa DOT and City, in joint cooperation propose to Transfer the Juris-
diction of the Southwest Arterial from the City to the Iowa DOT in exchange for the Trans-
fer of Jurisdiction of the Northwest Arterial (Iowa 32), and portions of existing U.S. 52/Iowa
3 from the Iowa 32/John Deere Road intersection to the intersection of U.S. 61 in down-
town Dubuque, from the State to the City, after the Southwest Arterial is completed and
open to traffic; and
Whereas, the City shall be responsible for preparing construction documents and let-
ting bids for the East Grading project through the Iowa DOT; and
Whereas, the Iowa DOT will be the contracting authority and will be responsible for
construction and inspection; and
Whereas, the East Grading project provide for the grading of a portion of the SW Arte-
rial from just south of Military Road easterly to Olde Davenport Road and the construction
of wetlands east of Ramp D on the U.S. 61/151 interchange and west of Olde Davenport
Road; and
Whereas, upon completion of construction, the City will assume responsibility for all
future maintenance operations associated with the wetlands. The wetlands will remain
the property of the City; and
Whereas, upon completion of construction, the City shall accept responsibility for the
multi-use trail including future paving, associated fencing and future maintenance of the
multi-use trail.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOL-
LOWS:
Section 1 . City of Dubuque and the Iowa Department of Transportation hereby agree
to partner on the Southwest Arterial Project.
Section 2. Whereas, the Iowa DOT and City, in joint cooperation propose to construct
the Southwest Arterial - East Grading project, Iowa DOT Project No. NHSX-032-1 (36)--
3H-31 .
Section 3. Whereas, in accordance with the provisions of Iowa Administrative Code,
the wetlands will remain the property of the City and shall be responsible for all costs
associated with future maintenance operations associated with the wetlands.
Section 4. Whereas, in accordance with the provisions of Iowa Administrative Code,
the City is responsible for all costs associated with future paving, associated fencing and
future maintenance of the multi-use trail.
Section 5. The Mayor is hereby authorized to execute the Cooperative Agreement
(Agreement No. 2017-16-146), between the City of Dubuque and the Iowa Department
of Transportation for the Southwest Arterial - East Grading Project from Military Road to
Olde Davenport Road.
Passed, approved and adopted this 5th day of June, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
31 . Signed Contracts: 2017 Farm Lease with Robert Bradley for a portion of Roosevelt
Park; 2017-2018 Farm Lease with John Veach for property known as the North McFad-
den Farm. Upon motion the documents were received and filed.
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32. Improvement Contracts / Performance, Payment and Maintenance Bonds: Dan
Arensdorf Construction, Inc. for the 2017 Asphalt Overlay Ramp Project Two; Evans-
Mason, Inc., for the Mathias Ham House Masonry Rehabilitation Project; Hydro-Tech,
Inc., for the Five Flags Theater Masonry Rehabilitation and Fire Escape Project. Upon
motion the documents were received, filed and approved.
33. Alcohol Compliance Civil Penalty for Alcohol License Holder — Chipotle Mexican
Grill: City Manager recommending approval of the Acknowledgment /Settlement Agree-
ment for an alcohol compliance violation for Chipotle Mexican Grill, 2450 Dodge Street.
Upon motion the documents were received, filed and approved.
34. Alcohol Compliance Civil Penalty for Alcohol License Holder — Ichiban Hibachi
Steakhouse & Sushi Bar: City Manager recommending approval of the Acknowledg-
ment/Settlement Agreement for an alcohol compliance violation for Ichiban Hibachi
Steakhouse & Sushi Bar, 3187 University Avenue. Upon motion the documents were re-
ceived, filed and approved.
35. Alcohol Compliance Civil Penalty for Alcohol License Holder for Murph's Tap: City
Manager recommending approval of the Acknowledgment/Settlement Agreement for an
alcohol compliance violation for Murph's Tap, 55 Locust Street. Upon motion the docu-
ments were received, filed and approved.
36. Alcohol and Tobacco License Applications: City Manager recommending approval
of annual liquor, beer, wine and tobacco license applications as submitted. Upon motion
the documents were received and filed and Resolution No. 193-17 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; and Resolution No. 194-17 Approving applications for
retail cigarette/tobacco sales/nicotine/vapor permits, as required by Iowa Code Chapter
453A.47A were adopted.
RESOLUTION NO. 193-17
APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS
REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS
AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQ-
UOR, BEER AND WINE LICENSES AND PERMITS
Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted and
filed with the City Council for approval and the same have been examined and approved;
and
Whereas, the premises to be occupied by such applicants were inspected and found
to comply with the Ordinances of the City and the applicants have filed the proper fees
and bonds and otherwise complied with the requirements of the Code of Ordinances.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
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Section 1 . The City Clerk is hereby authorized and directed to cause to be issued the
noted permit types to the following applicants pending submission of the locally required
documentation:
Renewals
Creslanes Bowling 255 South Main St. Class C Liquor (Sunday)
Dubuque Bowling Lanes 1029 1/2 Main St. Class C Liquor (Sunday)
+
Dubuque Museum of Art 701 Locust+ St. Class C Liquor (Sunday)
Five Flags Center 405 Main St. Class C Liquor (Catering) (Sun-
day)
Hartig Drug Company #2 157 Locust St. Class E Liquor, Class B Wine,
Class C Beer (Sunday)
Hy-Vee Wine & Spirits A 3500 Dodge St. Class E Liquor, Class B Wine,
Class C Beer (Sunday)
Kwik Star #236 2035 J.F. Kennedy Rd. Class C Beer, Class B Native
Wine (Sunday)
Kwik Star #495 2685 Dodge St. Class C Beer, Class B Native
Wine (Sunday)
Y
Los Aztecas III Mexican 2345 NW Arterial Class C Liquor (Outdoor) (Sun-
Restaurant day)
Ooh La La 3460 Hillcrest Rd. Class B Wine
+
Pioneers Rest Stop 4900 Old Highway Rd. Class C Beer (Sunday)
Rotary Club of Dubuque 135 W. 8th St. + Special Class C Liquor (Out-
door) (Sunday) 1
The Smokestack 62 East 7th St. Class C Liquor (Living Qtrs.)
(Outdoor) (Sunday)
Walgreens#06154 2260 J.F. Kennedy Rd. Class E Liquor, Class B Wine,
Class C Beer (Sunday)
Walgreens#09708 55 J.F. Kennedy Rd. Class E Liquor, Class B Wine,
Class C Beer (Sunday)
Walgreens#11942 345 E. 20th St. Class E Liquor, Class B Wine,
Class C Beer (Sunday)
f Y Y 7
Special Events
Rotary Club of Dubuque 135 W. 8th St. to + Special Class C Liquor (Out-
Port of Dubuque 5th St. + door) (Sunday) 1
Shenanigans Pub, LLC 3203 Jackson St. Adding Outdoor Service
+
Adding Privilege
T
Inspire Cafe 955 Washington St. 7Outdoor Service
Suite 105
Passed, approved and adopted this 5th day of June, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
13
RESOLUTION NO. 194-17
APPROVING APPLICATIONS FOR RETAIL CIGARETTE / TOBACCO SALES / NICO-
TINE / VAPOR PERMITS, AS REQUIRED BY IOWA CODE 453A.47A
Whereas, applications for Cigarette/Tobacco Sales have been submitted and filed with
the City Council for approval and the same have been examined and approved; and
Whereas, the premises to be occupied by such applicants were inspected and found
to comply with the Ordinances of the City and the applicants have filed the proper fees
and otherwise complied with the requirements of the Code of Ordinances.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . The City Clerk is hereby authorized and directed to cause to be issued the
following named applicants and locations for cigarette/tobacco sales permit.
Business Name I Business Address
Fareway Stores #114 2050 John F. Kennedy Rd.
Midwest Vapors 1 2600 Dodge St. Suite B4
Beecher Liquor 1 1695 Asbury Rd.
Beecher Liquor 1691 Asbury Rd.
The Great Vape 13250 Central Ave.
Sid's Beverage Store Inc. 1 2727 Dodge St.
Paro Food Mart 3200 Central Ave.
Eagle Country Market 1800 Elm St.
Hammerheads Bar and Billiards 2095 Kerper Blvd. Suite #2
CDs 4 Change1 3305 Asbury Rd. #2
Iowa Street Market1 1256 Iowa St.
Casey's General Store #2420 2699 Rockdale Rd.
Casey's General Store #2421 14003 Peru Rd.
Casey's General Store #3473 1 1072 Cedar Cross Rd.
Kwik Star #236 1 2035 John F. Kennedy Rd.
Kwik Star #495 2685 Dodge St.
Tobacco Outlet Plus #504 806 Wacker Dr. Suite 140
Walnut Tap 709 University Ave.
Ron's Discount Smokes and Beverage Center 3300 Asbury Rd.
Ron's 5 Point Mart 1 405 Rhomberg Ave
Diamond Jo Casino 301 Bell St.
Oky Doky #8 1535 Hill St.
Monks Kaffee Pub 1 373 Bluff St.
Oky Doky #1 1 250 West 1st St.
Super Stop III 1101 Rhomberg Ave.
Port of Dubuque Marina 450 East Third St.
Spencer Gifts, LLC 555 John F. Kennedy Rd.
Moondog Music 1 806 Wacker Dr. #120
14
The Konnexion 11099 University Ave.
Phillips 66/Arby's 110 South Main St.
Wal-Mart Supercenter# 2004 14200 Dodge St.
Sam's Club #4973 4400 Asbury Rd.
Walgreens#6154 2260 John F. Kennedy Rd.
Walgreens#9708 55 John F. Kennedy Rd.
Walgreens#11942 345 East 20th St.
Hartig Drug #2 157 Locust St.
Hartig Drug #3 1 2255 John F. Kennedy Rd.
Hartig Drug #4 11 2225 Central Ave.
Hartig Drug #8 1600 University Ave.
Hy-Vee Food Store #1 13500 Dodge St.
I 1
Hy-Vee Wine & Spirits#1 3500 Dodge St.
I 1
Hy-Vee C Store #1 3270 Dodge St
Hy-Vee Food Store #2 2395 NW Arterial
Hy-Vee Gas#2 2435 NW Arterial
Hy-Vee Food Store #3 400 S. Locust St.
Hy-Vee Gas#3 300 S. Locust St.
Pioneer's Rest Stop 4900 Old Hwy Rd.
Family Dollar#21599 12013 Central Ave. #4
Fas Mart #5159 2175 Central Ave.
I 1
Aragon Tap 1103 Iowa St.
Dubuque Mining Co. 555 John F. Kennedy Rd. #600
Endless Fragrance & Merchandise 1828 Central Ave.
Q Casino 1855 Greyhound Park Dr.
Dollar General Store #6896 1 605 West Locust St.
Dollar General Store #7289 11 3250 Kennedy Cir. Ste 8
Dollar General Store #10074 2440 Gateway Dr.
Kwik Stop #48 13201 Central Ave.
Kwik Stop #58 3340 John F. Kennedy Rd.
Kwik Stop #72 2255 Kerper Blvd.
Kwik Stop #74 2360 Central Ave.
Kwik Stop #76 2320 Gateway Dr.
Kwik Stop #78 4039 Pennsylvania Ave.
Kwik Stop #84 2335 University Ave.
Kwik Stop #86 1 2150 Twin Valley Dr.
Passed, approved and adopted this 5th day of June, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
15
ITEMS SET FOR PUBLIC HEARING
Item No. 6.: Phase I - 17th Street Storm Sewer Improvements Project was pulled from
the agenda to be rescheduled to a future date.
Motion by Lynch to receive and file the documents, adopt the resolutions, set the public
hearings as indicated, and direct the City Clerk to publish notice as prescribed by law.
Seconded by Connors. Motion carried 7-0.
1 . Sewer Revenue Capital Loan Notes- Kerper Boulevard Sanitary Sewer Reconstruc-
tion Projects: City Manager recommending that a public hearing be set for June 19, 2017
on the proposition of selling not to exceed $3,600,000 in Sewer Revenue Capital Loan
Notes (State Revolving Loan Fund Program) for the Kerper Boulevard sanitary sewer
reconstruction projects. Upon motion the documents were received and filed and Reso-
lution No. 195-17 Fixing date for a meeting on the authorization of a Loan and Disburse-
ment Agreement and the issuance of not to exceed $3,600,000 Sewer Revenue Capital
Loan Notes of the City of Dubuque, Iowa, and providing for publication of notice thereof
was adopted setting a public hearing for a meeting to commence at 6:00 p.m. on June
19, 2017 in the Historic Federal Building.
RESOLUTION NO. 195-17
RESOLUTION FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A
LOAN AND DISBURSEMENT AGREEMENT AND THE ISSUANCE OF NOT TO EX-
CEED $3,600,000 SEWER REVENUE CAPITAL LOAN NOTES OF THE CITY OF
DUBUQUE, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF
Whereas, it is deemed necessary and advisable that the City of Dubuque, Iowa should
provide for the authorization of a Loan and Disbursement Agreement and the issuance of
Sewer Revenue Capital Loan Notes, in the amount of not to exceed $3,600,000, as au-
thorized by Sections 384.24A and 384.83, Code of Iowa, as amended, for the purpose of
providing funds to pay costs as hereinafter described; and
Whereas, the City has applied for a loan through the Iowa Water Pollution Control
Works Financing Program pursuant to which the Iowa Finance Authority has agreed to
purchase the City's Notes and has requested that such Notes be issued as a single Note
in a denomination equal to the total amount of the issue as authorized by Chapter 384
Code of Iowa; and
Whereas, the Loan and Disbursement Agreement and Note shall be payable solely
and only out of the Net Revenues of the Municipal Sewer System and shall be a first lien
on the future Net Revenues of the Utility; and shall not be general obligations of the City
or payable in any manner by taxation and the City shall be in no manner liable by reason
of the failure of the Net Revenues to be sufficient for the payment of the Loan and Dis-
bursement Agreement and Note; and
Whereas, before a Loan and Disbursement Agreement may be authorized and Sewer
Revenue Capital Loan Notes issued to evidence the obligation of the City thereunder, it
is necessary to comply with the provisions of the Code of Iowa, as amended, and to pub-
lish a notice of the proposal and of the time and place of the meeting at which the Council
proposes to take action for the authorization of the Loan and Disbursement Agreement
16
and Notes and to receive oral and/or written objections from any resident or property
owner of the City to such action.
NOW, THEREFORE, BE IT RESOLVED BY THE City Council OF THE City of Dubu-
que, STATE OF IOWA:
Section 1 . That this City Council meet in the Historic Federal Building, 350 West 6th
Street, Dubuque, Iowa, at 6:00 o'clock p.m., on the 19th day of June, 2017, for the purpose
of taking action on the matter of the authorization of a Loan and Disbursement Agreement
and the issuance of not to exceed $3,600,000 Sewer Revenue Capital Loan Notes to
evidence the obligations of the City thereunder, the proceeds of which will be used to
provide funds to pay the costs of acquisition, construction, reconstruction, extending, re-
modeling, improving, repairing and equipping all or part of the Municipal Sewer System,
including those costs associated with the Kerper Boulevard sanitary sewer reconstruction
project.
Section 2. That the Clerk is hereby directed to cause at least one publication to be
made of a notice of said meeting, in a legal newspaper, printed wholly in the English
language, published at least once weekly, and having general circulation in said City, said
publication to be not less than four clear days nor more than twenty days before the date
of said public meeting on the issuance of the Notes.
Section 3. The notice of the proposed action shall be in substantially the [provided]
form:
Passed and approved this 5th day of June, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Sale of Property - 2249 Harold Street: City Manager recommending that a public
hearing be set for June 19, 2017 for the purpose of disposing of City-owned real property
located at 2249 Harold Street to Rachel Regan. Upon motion the documents were re-
ceived and filed and Resolution No. 196-17 of Intention to dispose of City-owned property,
specifically, Lot 30 and the North 5 Feet of Lot 33 in J.P. Schroeder's Addition to Dubuque,
in the City of Dubuque, Iowa, according to the recorded plat thereof— 2249 Harold Street
was adopted setting a public hearing for a meeting to commence at 6:00 p.m. on June
19, 2017 in the Historic Federal Building.
RESOLUTION NO. 196-17
A RESOLUTION OF INTENTION TO DISPOSE OF CITY-OWNED PROPERTY, SPE-
CIFICALLY, LOT 30 AND THE NORTH 5 FEET OF LOT 33 IN J.P. SCHROEDER'S
ADDITION TO DUBUQUE, IN THE CITY OF DUBUQUE, IOWA, ACCORDING TO THE
RECORDED PLAT THEREOF — 2249 HAROLD STREET
Whereas, the City of Dubuque has obtained certain real property in connection with
the Community Development Block Grant Purchase/Rehab/Resale Program to promote
affordable homeownership opportunities throughout the City of Dubuque; and
Whereas, the City received an offer to purchase this property from Rachel Regan; and
Whereas, such purpose supports the Neighborhood Stabilization Program and the
Community Development Block Grant Purchase/Rehab/Resale Program as approved by
the City Council; and
17
Whereas, by accepting the selected offer the City's objectives of providing homeown-
ership to an income qualified buyer and rehabilitation of a vacated home can be realized.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . That the City of Dubuque, Iowa, intends to dispose of its interest in the
following legally-described property:
Lot 30 and the North 5 feet of Lot 33 in J.P. Schroeder's Addition to Dubuque, in the
City of Dubuque, Iowa, according to the recorded plat thereof.
Section 2. That the City of Dubuque, Iowa, proposes to dispose of its interest in the
above described real estate to Rachel Regan for the sum of$148,000.
Section 3. That the City Clerk is hereby authorized and directed to cause this Resolu-
tion and a notice to be published as prescribed by Iowa Code Section 364.7 of a public
hearing on the City's intent to dispose of the foregoing-described Property, to be held on
the 19th day of June, 2017, at 6:00 o'clock p.m. at the Historic Federal Building, 350 West
6th Street, Dubuque, Iowa.
Passed, approved and adopted this 5th day of June, 2017.
Roy D Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. 210 Jones Street Development Agreement: City Manager recommending that the
City Council set a public hearing for June 19, 2017 regarding a Development Agreement
for the property located at 210 Jones Street. Upon motion the documents were received
and filed and Resolution No. 197-17 Fixing the date for a public hearing of the City Council
of the City of Dubuque, Iowa on the proposed issuance of Urban Renewal Tax Increment
Revenue Obligations and the execution of a Development Agreement relating thereto
with 210 Jones, LLC, and providing for the publication of notice thereof was adopted set-
ting a public hearing for a meeting to commence at 6:00 p.m. on June 19, 2017 in the
Historic Federal Building.
RESOLUTION NO. 197-17
FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA ON THE PROPOSED ISSUANCE OF URBAN RENEWAL TAX
INCREMENT REVENUE OBLIGATIONS AND THE EXECUTION OF A DEVELOP-
MENT AGREEMENT RELATING THERETO WITH 210 JONES, LLC, AND PROVIDING
FOR THE PUBLICATION OF NOTICE THEREOF
Whereas, City and 210 Jones, LLC have entered into a Development Agreement, sub-
ject to the approval of the City Council, a copy of which is now on file at the Office of the
City Clerk, City Hall, 50 W. 13th Street, Dubuque, Iowa; and
Whereas, the City Council has tentatively determined that it would be in the best inter-
ests of the City to approve the Development Agreement, with 210 Jones, LLC; and
Whereas, it is deemed necessary and advisable that City should enter into the Devel-
opment Agreement relating thereto for the purpose of carrying out the rehabilitation of
property located at 210 Jones Street as hereinafter described, including the authorization
of Urban Renewal Tax Increment Revenue obligations, as provided by Chapter 403 of
the Code of Iowa; and
18
Whereas, before said obligations may be approved, Chapter 403 of the Code of Iowa
requires that the City Clerk publish a notice of the proposal and of the time and place of
the meeting at which the City Council proposes to take action thereon and at which meet-
ing the City Council shall receive oral and/or written objections from any resident or prop-
erty owner of said City to such proposed action.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . The City Clerk is hereby authorized and directed to cause a notice to be
published as prescribed by Iowa Code Section 403.9 of a public hearing on the City's
intent to authorize Urban Renewal Tax Increment Revenue obligations, to be held on the
19th day of June, 2017, at 6:00 o'clock p.m. in the City Council Chambers at the Historic
Federal Building, 350 W. 6th St., Dubuque, Iowa.
Section 2. The City Council will meet at said time and place for the purpose of taking
action on the approval of the Development Agreement with 210 Jones, LLC, including the
authorization of Urban Renewal Tax Increment Revenue obligations, the proceeds of
which obligations will be used to carry out certain of the special financing activities de-
scribed in the Amended and Restated Urban Renewal Plan for the Greater Downtown
Urban Renewal District, consisting of the funding of economic developments grants to
210 Jones, LLC pursuant to the Development Agreement. It is expected that the aggre-
gate amount of the Tax Increment Revenue obligations to be issued will be approximately
$310,000.
Section 3. The Clerk is hereby directed to cause at least one publication to be made
of a notice of said meeting, in a newspaper, printed wholly in the English language, pub-
lished at least once weekly, and having general circulation in said City, said publication
to be not less than four days nor more than twenty days before the date of said meeting
on the issuance of said obligations.
Section 4. That the notice of the proposed action to issue said obligations shall be in
substantially the form attached hereto.
Passed, approved and adopted this 5th day of June, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
4. Westside Water System Improvements 2017 Contract C Highway 20 Watermain
Extension: City Manager recommending initiation of the public bidding procedure for the
Westside Water System Improvements 2017 Contract C Hwy 20 Water Main Extension
Project, and further recommends that a public hearing be set for June 19, 2017. Upon
motion the documents were received and filed and Resolution No. 198-17 Preliminary
approval of plans, specifications, form of contract, and estimated cost; setting date of
public hearing on plans, specifications, form of contract, and estimated cost; and ordering
the advertisement for bids was adopted setting a public hearing for a meeting to com-
mence at 6:00 p.m. on June 19, 2017 in the Historic Federal Building.
19
RESOLUTION NO. 198-17
WESTSIDE WATER SYSTEM IMPROVEMENTS HWY 20 WATER MAIN EXTENSION
PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPEC-
IFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE
ADVERTISEMENT FOR BIDS
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The proposed plans, specifications, form of contract and estimated cost for the
Westside Water System Improvements — HWY 20 Water Main Extension project in the
estimated amount $650,000.00, are hereby preliminarily approved and ordered filed in
the office of the City Clerk for public inspection.
A public hearing will be held on the 19th day of June 2017, at 6:00 p.m. in the Historic
Federal Building Council Chambers (second floor) 350 W. 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 proposed plans, specifications, form of contract, or estimated cost of
the Project.
The Westside Water System Improvements — HWY20 Water Main Extension project
is hereby ordered to be advertised for bids for construction.
The amount of the security to accompany each bid shall be in an amount which shall
conform to the provisions of the Notice to Bidders hereby approved.
The City Clerk is hereby directed to advertise for bids for the construction of the im-
provements herein provided, by publishing the attached Notice to Bidders to be published
in the Master Builders of Iowa Plan Room, The Construction Update Network and posted
on the City of Dubuque website at www.cityofdubuque.org/bids and which notice shall be
published not less than thirteen but not more than forty-five days before the date for filing
bids before 10:00 a.m. on the 28th day of June 2017. Bids shall be opened and read by
the City Clerk at said time and will be submitted to the City Council for final action at 6:00
p.m. on the 5th day of July 2017, in the Historic Federal Building Council Chambers (sec-
ond floor), 350 West 6th Street, Dubuque, Iowa.
Passed, adopted and approved this 5th day of June 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. Water Revenue Capital Loan Notes - (State Revolving Loan Fund Program): City
Manager recommending that the City Council set a public hearing for June 19, 2017 on
the proposition of selling not to exceed $10,200,000 in Water Revenue Capital Loan
Notes (State Revolving Loan Fund Program) for the purchase and improvements associ-
ated with the City of Dubuque's acquisition of the Vernon and Barrington Lakes water
systems. Upon motion the documents were received and filed and Resolution No. 199-
17 Fixing date for a meeting on the authorization of a Loan and Disbursement Agreement
20
and the issuance of not to exceed $10,200,000 Water Revenue Capital Loan Notes of the
City of Dubuque, Iowa, and providing for publication of notice thereof was adopted setting
a public hearing for a meeting to commence at 6:00 p.m. on June 19, 2017 in the Historic
Federal Building.
RESOLUTION NO. 199-17
RESOLUTION FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A
LOAN AND DISBURSEMENT AGREEMENT AND THE ISSUANCE OF NOT TO EX-
CEED $10,200,000 WATER REVENUE CAPITAL LOAN NOTES OF THE CITY OF
DUBUQUE, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF
Whereas, it is deemed necessary and advisable that the City of Dubuque, Iowa should
provide for the authorization of a Loan and Disbursement Agreement and the issuance of
Water Revenue Capital Loan Notes, in the amount of not to exceed $10,200,000, as au-
thorized by Sections 384.24A and 384.83, Code of Iowa, as amended, for the purpose of
providing funds to pay costs as hereinafter described; and
Whereas, the City has applied for a loan through the Iowa Drinking Water Facilities
Financing Program pursuant to which the Iowa Finance Authority has agreed to purchase
the City's Notes and has requested that such Notes be issued as a single Note in a de-
nomination equal to the total amount of the issue as authorized by Chapter 384 of the
Code of Iowa; and
Whereas, the Loan and Disbursement Agreement and Note shall be payable solely
and only out of the Net Revenues of the Municipal Water System and shall be a first lien
on the future Net Revenues of the Utility; and shall not be general obligations of the City
or payable in any manner by taxation and the City shall be in no manner liable by reason
of the failure of the Net Revenues to be sufficient for the payment of the Loan and Dis-
bursement Agreement and Note; and
Whereas, before a Loan and Disbursement Agreement may be authorized and Water
Revenue Capital Loan Notes issued to evidence the obligation of the City thereunder, it
is necessary to comply with the provisions of the Code of Iowa, as amended, and to pub-
lish a notice of the proposal and of the time and place of the meeting at which the Council
proposes to take action for the authorization of the Loan and Disbursement Agreement
and Notes and to receive oral and/or written objections from any resident or property
owner of the City to such action.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, STATE OF IOWA:
Section 1 . That this City Council meet in the Historic Federal Building, 350 West 6th
Street, Dubuque, Iowa at 6:00 o'clock p.m., on the 19th day of June, 2017, for the purpose
of taking action on the matter of the authorization of a Loan and Disbursement Agreement
and the issuance of not to exceed $10,200,000 Water Revenue Capital Loan Notes to
evidence the obligations of the City thereunder, the proceeds of which will be used to
provide funds to pay the costs of acquisition, construction, reconstruction, extending, re-
modeling, improving, repairing and equipping all or part of the Municipal Water Utility,
including those costs associated with the Westside water system purchase and construc-
tion project.
Section 2. That the Clerk is hereby directed to cause at least one publication to be
made of a notice of said meeting, in a legal newspaper, printed wholly in the English
21
language, published at least once weekly, and having general circulation in said City, said
publication to be not less than four clear days nor more than twenty days before the date
of said public meeting on the issuance of the Notes.
Section 3. The notice of the proposed action shall be in substantially the [provided]
form:
Passed and approved this 5th day of June, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
6. Phase I - 17th Street Storm Sewer Improvements Project: This item was pulled from
the agenda.
BOARDS/COMMISSIONS
The City Council reviewed applications to the following Boards/Commissions. Appli-
cants were invited to address the City Council regarding their desire to serve on the fol-
lowing Boards/Commissions.
1 . Cable Television Commission: Three, 3-year terms through July 1 , 2020 (Expiring
terms of Hoverman, Maloney and Tigges). Applicants: Carol Hoverman, 1555 White St.;
Thomas Major, 1725 Lori St.; Pauline Maloney, 506 George St.; Ronald Tigges, 4927
Wild Flower Dr.
2. Electrical Code Board: One, 3-year term through May 21 , 2020 (Expired term of
Wilson, At-Large). Applicant: David Wilson, 2918 Washington St. (Qualifies as At-Large).
Mr. Wilson spoke in support of his appointment and provided a brief biography.
3. Historic Preservation Commission: One, 3-year term through July 1 , 2020 (Expiring
term of Monk, Architect At-Large). Applicant: Christina Monk, 2005 N. Main St. (Qualifies
as Architect At-Large). Ms. Monk spoke in support of her appointment and provided a
brief biography.
4. Investment Oversight Advisory Commission: One, 3-year term through July 1 , 2020
(Expiring term of Lassance). Applicant: Paul Lassance. 4846 Embassy Ct. Mr. Lassance
spoke in support of his appointment and provided a brief biography.
5. Long Range Planning Advisory Commission: Three, 3-year terms through July 1 ,
2020 (Expiring terms of Collins, Dolson and Vincent). Applicants: Ronald Collins, 243
Cardiff St.; Mark Dolson, 54 Alpine St.; Thomas Major, 1725 Lori St.; Alan Vincent, 565
Woodland Ridge.
6. Park and Recreation Advisory Commission: Three, 3-year terms through June 30,
2020 (Expiring Terms of Hoffmann, Kennicker and Klinge). Applicants: Paul Hoffmann,
174 Bradley St.; Robin Kennicker, 2929 Elm St.; Kenneth Klinge, 2267 Carter Rd.; Re-
becca Kuhle, 2566 Pearl St.; Luke Roth, 904 Barbaralee Dr. Ms. Kennicker, Mr. Klinge,
22
Ms. Kule and Mr. Roth all spoke in support of their appointments and provided brief biog-
raphies.
7. Zoning Advisory Commission: One, 3-year term through June 30, 2020 (Expiring
Term of Christ). Applicant: Martha Christ, 88 Princeton PI. Ms. Christ spoke in support of
her appointment and provided a brief biography.
Appointments were made to the following boards/commissions.
8. Civil Service Commission: One, 4-year term through April 6, 2020 (Vacant term of
Takes). Applicants: Phil Baskerville, 2945 Van Buren St. Christian Stillings, 1298 Locust
St. Upon Council concurrence, Mayor Buol appointed Mr. Stilling to the remainder of a 4-
year term through April 2020.
9. Mechanical and Plumbing Code Board: One, 3-year term through March 16, 2020
(Vacant term of Hillard). Applicant: Dieter Muhlack, 2907 Arabian Trail. Motion by Con-
nors to appoint Mr. Hillard to a 3-year term through 2020. Seconded by Resnick. Motion
carried 7-0.
10. Sister City Relationship Advisory Commission: One, 3-year term through February
1 , 2019 (Vacant term of Phillips). Applicant: Thomas Major, 1725 Lori St. Motion by Res-
nick to appoint Mr. Major to the remainder of a 3-year term through February 1 . 2019.
Seconded by Connors. Motion carried 7-0.
PUBLIC HEARINGS
1 . Flexsteel Industries, Inc.: Proof of publication on notice of public hearing to consider
approval of the Development Agreement between Flexsteel Industries, Inc. and the City
of Dubuque, and the Offer to Buy and Acceptance between Dubuque County and the City
of Dubuque with the City Manager recommending approval. Motion by Lynch to receive
and file the documents and adopt Resolution No. 201-17 Approving a Development
Agreement between the City of Dubuque, Iowa and Flexsteel Industries, Inc. and approv-
ing the issuance of Urban Renewal Tax Increment Revenue Grant Obligations; and Res-
olution No. 202-17 Disposing of an interest in real property by deed to Dubuque County,
Iowa. Seconded by Jones. Mark Cook, 845 Euclid St., thanked the City Council and part-
ners for facilitating the agreements. Motion carried 7-0.
RESOLUTION NO. 201-17
APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE,
IOWA AND FLEXSTEEL INDUSTRIES, INC. AND APPROVING THE ISSUANCE OF
URBAN RENEWAL TAX INCREMENT REVENUE GRANT OBLIGATIONS
Whereas, the City Council, by Resolution No. 181-17, dated May 15, 2017, declared
its intent to enter into a Development Agreement with Flexsteel Industries, Inc. (Flexsteel)
for the development of a new industrial facility to maintain its operations and employment
at the property legally described as follows:
Lot 4 of Dubuque Industrial Center South First Addition in the City of Dubuque, Iowa
23
(the Property); and
Whereas, pursuant to published notice, a public hearing was held on the proposed
Development Agreement on June 5, 2017 at 6:00 p.m. in the City Council Chambers at
the Historic Federal building, 350 W. 6th Street, Dubuque, Iowa; and
Whereas, the Development Agreement provides for the issuance by the City of Dubu-
que of economic development grants to Flexsteel, referred to therein as the Economic
Development Grants, payable from the tax increment revenues collected in respect of the
Improvements to be constructed by Flexsteel in accordance with the Development Agree-
ment, for the purpose of carrying out the objectives of an Urban Renewal Plan as therein
described; and
Whereas, it is the determination of the City Council that approval of the Development
Agreement, for development of the Property by Flexsteel, including economic develop-
ment grants to Flexsteel, referred to therein as the Economic Development Grants, pay-
able from the tax increment revenues collected in respect of the Improvements to be
constructed by Flexsteel, according to the terms and conditions set out in the Develop-
ment 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 Development Agreement by and between the City of Dubuque and
Flexsteel Industries, Inc., a copy of which is attached hereto, including economic devel-
opment grants to Flexsteel, referred to therein as the Economic Development Grants,
payable from the tax increment revenues collected in respect of the Improvements, is
hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute the Develop-
ment Agreement on behalf of the City of Dubuque and the City Clerk is authorized and
directed to attest to his signature.
Section 3. That the City Manager is authorized to take such actions as are necessary
to comply with the terms of the Development Agreement as herein approved.
Passed, approved and adopted this 5th day of June, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 202-17
DISPOSING OF AN INTEREST IN REAL PROPERTY BY DEED TO DUBUQUE
COUNTY, IOWA
Whereas, the City of Dubuque, Iowa (City) is the owner of the following real property
(the Property):
Lot 4 of Dubuque Industrial Center South First Addition in the City of Dubuque, Iowa;
and
A parcel of land of 3.88 acres more or less on Seippel Road in the Dubuque Indus-
trial Center West Urban Renewal District of the City of Dubuque, as shown on Ex-
hibit A attached hereto (the Property); and
Whereas, City and Dubuque County, Iowa (County) have entered into an Agreement
pursuant to which City will convey the Property to County; and
24
Whereas, on June 5, 2017, the City Council pursuant to notice published as required
by law held a public hearing on its intent to dispose of the foregoing interest in the Property
and overruled all objections thereto; and
Whereas, the City Council finds that it is in the best interest of the City to approve the
disposition of the Property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . The Mayor is hereby authorized and directed to execute a Warranty Deed
disposing of all of the City's right, title and interest in the Property to Dubuque County,
Iowa.
Section 2. The City Manager and the City Attorney are authorized to take such further
action as is necessary to finalize the sale of the Property.
Passed, approved and adopted this 5th day of June, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Initiation for Condemnation for Coates Property at 13102 Derby Grange Road: Proof
of publication on notice of public hearing to consider adoption of a resolution which es-
tablishes and sets the Just Compensation Valuation (Fair Market Value) for property at
13102 Derby Grange Road and authorizes staff to begin good faith negotiations with Mrs.
Eileen Coates, and if a settlement cannot be reached through good faith negotiations,
authorizes staff to proceed with eminent domain proceedings for the easement acquisition
of the property for sanitary sewer to provide services to the Derby Grange LLC Develop-
ment and Derby Grange Road service area and the City Manager recommending ap-
proval. Motion by Lynch to receive and file the documents and adopt Resolution No. 203-
17 Establishing Fair Market Value, directing good faith negotiations, and granting exercise
of Eminent Domain Authority by the City of Dubuque to acquire land or rights in Agricul-
tural Land for a site-specific public improvement project at 13102 Derby Grange Road.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 203-17
ESTABLISHING FAIR MARKET VALUE, DIRECTING GOOD FAITH NEGOTIATIONS,
AND GRANTING EXERCISE OF EMINENT DOMAIN AUTHORITY BY THE CITY OF
DUBUQUE TO ACQUIRE LAND OR RIGHTS IN AGRICULTURAL LAND FOR A SITE-
SPECIFIC PUBLIC IMPROVEMENT PROJECT AT 13102 DERBY GRANGE ROAD
Whereas, the City of Dubuque, Iowa, intends to acquire certain real property owned by
Douglas and Eileen Coates (Owner) and legally described as:
Lot 1 of the Southeast 1/4 of the Southeast 1/4 of Section 8, Township 89 North, Range
2 East of the 5th P.M., in Dubuque County, Iowa, according to the recorded plat
thereof
(the Property) as shown on Exhibits A-1 and A-2 to improve the City enterprise providing
for sewer systems along Derby Grange Road; and
Whereas, the acquisition of agricultural real estate, or interests in agricultural real es-
tate, will be necessary in order to make the necessary public improvements; and
25
Whereas, site-specific plans have been developed and presented to the City for said
project, identifying the land, or interests in land, of private property owners who will be
affected thereby; and
Whereas, a public hearing was conducted after mailed and published notice to all af-
fected owners and contract purchasers of agricultural land as required by law; and
Whereas, the City has caused an appraisal of the Property to be made and the ap-
praised value of the Property is $22,751 .00, based on a per-acre rate of$14,000; and
Whereas, the City Council will pursue informal negotiations with the private property
owners and will only resort to eminent domain authority in those instances where informal
negotiations prove to be unsuccessful; and
Whereas, the passage of a resolution to proceed with the project, declaring the City's
intent to fund the project and authorizing the use of eminent domain authority prior to the
commencement of negotiations is necessary so that delay does not result if informal ne-
gotiations prove to be unsuccessful; and
Whereas, the City Council believes that the site-specific plans for the construction of
the proposed public improvement will be pursued, that financing is available for the actual
construction of this public improvement and that the public improvement is in the best
interests of the citizens of Dubuque, Iowa.
NOW THEREFORE BE IT RESOLVED by the City Council of Dubuque, Iowa:
Section 1 . The fair market value of the Property is hereby established to be $22,751 .00,
based on the $14,000.00 per-acre rate given in the certified Acquisition Appraisal and
Review Appraisal report.
Section 2. The City of Dubuque is hereby authorized to commence negotiations with
the Owner of the Property and any other interested parties for the purchase of the Prop-
erty for a purchase price which is not less than the fair market value established by this
Resolution.
Section 3. That the use eminent domain authority to acquire real estate, or easement
rights and interests in real estate from those owners of agricultural land identified in the
current site-specific plans for the improvements is hereby authorized.
Passed, approved, and adopted this 5th day of June, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. South Pointe Housing Urban Renewal Area - Resolution of Adoption: Proof of pub-
lication on notice of public hearing to consider approval of Amended and Restated Urban
Renewal Plan for the South Point Housing Urban Renewal and the City Manager recom-
mending approval. Motion by Connors to receive and file the documents and adopt Res-
olution No. 204-17 Approving the Amended and Restated Urban Renewal Plan for the
South Pointe Housing Urban Renewal Area. Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 204-17
APPROVING THE AMENDED AND RESTATED URBAN RENEWAL PLAN FOR THE
SOUTH POINTE HOUSING URBAN RENEWAL AREA
Whereas, by Resolution 204-17 approved on June 5, 2017, the City Council of the City
of Dubuque, Iowa found and determined that certain areas located within the City are
26
eligible and should be designated as an urban renewal area under Iowa law, and ap-
proved and adopted the Urban Renewal Plan (the "Plan" or "Urban Renewal Plan") for
the South Pointe Housing Urban Renewal Area (the "Original Area") described therein;
and
Whereas, by Resolution 160-17 approved on May 1 , 2017, the City Council of the City
of Dubuque, Iowa authorized the preparation of an Amended and Restated Urban Re-
newal Plan (the "Amended and Restated Plan") for the South Pointe Housing Urban Re-
newal Area (the "Amended and Restated Area"); and
Whereas, the primary purpose of the Amended and Restated Plan is to add additional
land to the Original Area which results in the Amended and Restated Area; and
Whereas, the City of Dubuque's primary objective for the Amended and Restated Plan
is to provide opportunities which will further economic development purposes and objec-
tives as described in the Amended and Restated Plan in the Amended and Restated
Area; and
Whereas, a consultation process has been undertaken with affected taxing entities in
accordance with Chapter 403 of the Code of Iowa with no written objections or recom-
mended changes to the Amended and Restated Plan received; and
Whereas, the Iowa statutes require the City Council to submit the proposed Amended
and Restated Plan to the City's Long Range Planning Commission for review and recom-
mendation as to its conformity with the general plan for development of the City as a
whole, prior to City Council approval thereof; and
Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has
held a public hearing on the proposed Amended and Restated Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . That the Amended and Restated Plan for the Amended and Restated Area
is hereby approved; that a feasible method exists for the location of any families who will
be displaced from the Amended and Restated Area into decent, safe and sanitary dwell-
ing accommodations within their means and without undue hardship to such families; and
that the Amended and Restated Plan conforms to the general plan for the development
of the City as a whole. The City does not currently anticipate the acquisition of any real
property in connection with the land being added by the Amended and Restated Plan
Section 2. That the Amended and Restated Area is an economic development area
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
Chapter 403 of the Code of Iowa; and that the rehabilitation, conservation, redevelop-
ment, 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 3. 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 Amended and Restated
Plan.
Section 4. That the authority for all projects previously approved in the Plan for the
Original Area is hereby continued in this Amended and Restated Plan as of the date of
original approval.
27
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 and the Amended and Restated Plan in
the office of the Dubuque County Auditor.
Passed, approved and adopted this 5th day of June, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
4. South Pointe Housing Tax Increment Financing Development Agreement: Proof of
publication on notice of public hearing to consider approval of the Housing Tax Increment
Financing (TIF) Development Agreement with South Pointe, LLC to facilitate the devel-
opment of a 96-acre parcel off of Rockdale Road and the City Manager recommending
approval. Motion by Connors to receive and file the documents and adopt Resolution No.
205-17 Approving an Agreement between the City of Dubuque, Iowa and South Pointe,
LLC for the development of property in the South Pointe Urban Renewal Area. Seconded
by Jones. Planning Services Manager Laura Carstens provided and explanation of the
points the development received on the Sustainability Scale. Motion carried 7-0.
RESOLUTION NO. 205-17
APPROVING AN AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND
SOUTH POINTE, LLC FOR THE DEVELOPMENT OF PROPERTY IN THE SOUTH
POINTE HOUSING URBAN RENEWAL AREA
Whereas, the City Council, by Resolution No. 66-17, dated February 20, 2017, de-
clared its intent to establish the South Pointe Housing Urban Renewal Area; and
Whereas, pursuant to published notice, a public hearing was held on the intent to es-
tablish the South Pointe Housing Urban Renewal Area on March 20, 2017 at 6:00 p.m. in
the City Council Chambers at the Historic Federal Building, 350 W. 6th Street, Dubuque,
Iowa; and
Whereas, the City Council, following the public hearing, by Resolution No. 101 -17, ap-
proved the South Pointe Housing Urban Renewal Area; and
Whereas, South Pointe, LLC is the owner of property in the South Pointe Housing
Urban Renewal Area (the Property); and
Whereas, the City Council and South Pointe, LLC desire to enter into the Agreement
attached hereto for the development of the Property; and
Whereas, it is the determination of the City Council that approval of the Agreement
according to the terms and conditions set out in the 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 Agreement by and between the City of Dubuque and South Pointe,
LLC is hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute the Agreement
on behalf of the City and 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 Agreement as herein approved.
28
Passed, approved, and adopted this 5th day of June, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. Greater Downtown Urban Renewal District - Resolution of Adoption: Proof of publi-
cation on notice of public hearing to consider approval of the Amended and Restated
Urban Renewal Plan for the Greater Downtown Urban Renewal District and the City Man-
ager recommending approval. Motion by Jones to receive and file the documents and
adopt Resolution No. 206-17 Approving the Amended and Restated Urban Renewal Plan
for the Greater Downtown Urban Renewal District. Seconded by Connors. Motion carried
7-0.
RESOLUTION NO. 206-17
APPROVING THE AMENDED AND RESTATED URBAN RENEWAL PLAN FOR THE
GREATER DOWNTOWN URBAN RENEWAL DISTRICT
Whereas, by Resolution 159-17 on May 1 , 2017 the City Council of the City of Dubu-
que, Iowa authorized the preparation of an Amended and Restated Urban Renewal Plan
(the "Amended and Restated Plan") for the Greater Downtown Urban Renewal District
(the "District"); and
Whereas, the City of Dubuque's primary objective for the Amended and Restated Plan
is to provide opportunities which will further economic development purposes and objec-
tives and remediate blighting conditions, and that to address these objectives additional
land and projects are being added as described in the Plan in the District; and
Whereas, a consultation process has been undertaken with affected taxing entities in
accordance with Chapter 403 of the Code of Iowa with no written objections or recom-
mended changes to the Amended and Restated Plan received; and
Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has
held a public hearing on the proposed Amended and Restated Plan.
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 Greater Down-
town Urban Renewal District, on file in the City Clerk's Office and made reference to
herein, is hereby approved; that a feasible method exists for the location of any families
who will be displaced from the District into decent, safe and sanitary dwelling accommo-
dations 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. The
City does not currently anticipate the acquisition of any real property in connection with
the land and projects being added by the Amended and Restated Plan.
Section 2. That the City Clerk of the City of Dubuque, Iowa is hereby authorized and
directed to file a certified copy of this Resolution in the office of the Dubuque County
Auditor.
Passed, approved and adopted this 5th day of June, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
29
6. Kerper Boulevard Sanitary Sewer Reconstruction 2017 Project: Proof of publication
on notice of public hearing to consider approval of the plans, specifications, form of con-
tract and estimated cost for the Kerper Blvd. Sanitary Sewer Reconstruction 2017 Project
and the City Manager recommending approval. Motion by Lynch to receive and file the
documents and adopt Resolution No. 207-17 Approval of plans, specifications, form of
contract, and estimated cost for the Kerper Blvd. Sanitary Sewer Reconstruction 2017
Project. Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 207-17
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTI-
MATED COST FOR THE KERPER BLVD. SANITARY SEWER RECONSTRUCTION
2017 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 the
Kerper Blvd. Sanitary Sewer Reconstruction 2017 Project, in the estimated amount
$3,762,675.00, are hereby approved.
Passed, adopted and approved this 5th day of June, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
7. Reallocation of General Obligation Bonds Series 2014B: Proof of publication on no-
tice of public hearing to consider approval of the reallocation of not to exceed $80,000 of
the unspent proceeds of the General Obligation Bond Series 2014B from the City Hall
improvements project to fund the HVAC improvements of the Historic Federal Building
located at 350 West 6th Street and the City Manager recommending approval. Motion by
Lynch to receive and file the documents and adopt Resolution No. 208-17 Instituting pro-
ceedings to take additional action and approving the reallocation of certain unspent pro-
ceeds of the General Obligation Bonds Series 2014B, of the city of Dubuque, Iowa. Se-
conded by Connors. Responding to questions from the City Council, City Manager Van
Milligen stated that since the City owns the Federal Building, it is responsible for 100% of
the capital improvements to the building. Motion carried 7-0.
RESOLUTION NO. 208-17
RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION AND
APPROVING THE REALLOCATION OF CERTAIN UNSPENT PROCEEDS OF THE
GENERAL OBLIGATION BONDS, SERIES 2014B, OF THE CITY OF DUBUQUE,
IOWA
Whereas, pursuant to notice published as required by law, this Council has held a
public meeting and hearing upon the proposal to institute proceedings for the reallocation
of certain unspent proceeds, in the amount of not to exceed $80,000 (the "Unspent Pro-
ceeds") of the General Obligation Bonds, Series 2014B, of the City of Dubuque, Iowa, in
order to provide funds to pay costs of funding the HVAC improvements of the Historic
Federal Building located at 350 West 6th Street in the amount of approximately $80,000,
and has considered the extent of objections received from residents or property owners
30
as to said proposal and, accordingly the following action is now considered to be in the
best interests of the City and residents thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . That this Council does hereby institute proceedings and takes additional
action for the reallocation of the Unspent Proceeds of the General Obligation Bonds, Se-
ries 2014B, for the foregoing purposes, and the proposed reallocation of the Unspent
Proceeds to pay costs of funding the HVAC improvements of the Historic Federal Building
located at 350 West 6th Street, is in all respects authorized and approved.
Section 2. The Finance Director is authorized and directed to take such action as may
be necessary to effect and implement the foregoing reallocation of the Unspent Proceeds
to pay costs of funding the HVAC improvements of the Historic Federal Building located
at 350 West 6th Street, and to cause the records and accounts of the City to reflect the
same.
Passed and approved this 5th day of June, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl
ACTION ITEMS
1 . DMATS Federal Fiscal Year 2018-2021 Transportation Improvement Program:
East-Central Intergovernmental Agency (ECIA) Transportation Director Chandra Ravada
presented information and sought input about federally funded projects through the Dubu-
que Metropolitan Area Transportation Study (DMATS) Transportation Improvement Pro-
gram. Motion by Jones to receive and file the documents and view the presentation. Se-
conded by Lynch. Mr. Ravada provided a slide presentation that defined the Transporta-
tion Improvement Program, described the projects and illustrated the budgets for each
project. Motion carried 7-0.
2. Greater Dubuque Development Corporation - Quarterly Update: President and CEO
Rick Dickinson presented a quarterly update on the activities of the Greater Dubuque
Development Corporation. Topics included launching the GDDC 2022 Capital Campaign,
business retention, workforce solutions, national marketing, sustainable innovations,
StartUp Dubuque, and Dubuque's True North program for maximizing the potential of the
City's Northend. Mr. Dickinson also highlighted the goals of job creation, negotiated busi-
ness agreements, efforts to work with employees impacted by the closing of Premier
Linen, and the passing of philanthropist Dick Schmid (Schmid Innovation Center). Motion
carried 7-0.
3. Dubuque Fire Department - Mission Lifeline Gold Award: City Manager transmitting
information that the American Heart Association, Iowa Mission Lifeline has awarded the
Dubuque Fire Department the EMS-Gold Award for continued excellence in treating
STEMI heart attack patients. Motion by Jones to receive and file the documents. Se-
conded by Connors. Fire Chief Rick Steines provided background and required skills that
contributed to receipt of the award and thanks the employees of the Fire Department.
Motion carried 7-0.
31
4. Timber Ridge/Rustic Point Water Main Extension 2017 Project Award: City Manager
recommending award of the Timber Ridge/Rustic Point Water Main Extension 2017 Pro-
ject construction contract to the low bidder Tschiggfrie Excavating. Motion by Resnick to
receive and file the documents and adopt Resolution No. 209-17 Awarding the public
improvement contract for the Timber Ridge/Rustic Point Water Main Extension 2017 Pro-
ject. Seconded by Connors. Motion carried 6-0 with Jones having momentarily left the
room.
RESOLUTION NO. 209-17
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE TIMBER RIDGE/RUSTIC
POINT WATER MAIN EXTENSION 2017 PROJECT
Whereas, sealed proposals have been submitted by contractors for the Timber
Ridge/Rustic Point Water Main Extension 2017 Project (the Project) pursuant to Resolu-
tion No. 157-17 and Notice to Bidders published on the City of Dubuque Website and
posted to the Construction Update Network www.mbionline.com on the 5th day of May,
2017.
Whereas, said sealed proposals were opened and read on the 18th day of May, 2017,
and it has been determined that Tschiggfrie Excavating of Dubuque, Iowa, with a bid in
the amount of$883,323.74, is the lowest responsive, responsible bidder for the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a Public Improvement Contract for the Project is hereby awarded to Tschiggfrie
Excavating and the City Manager is hereby directed to execute a Public Improvement
Contract on behalf of the City of Dubuque for the Project.
Passed, approved and adopted this 5th day of June, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. Fiscal Year 2017 Sanitary Sewer Cured-in-Place Pipe (CIPP) Lining Project Award:
City Manager recommending recommends award of the Fiscal Year 2017 Sanitary Sewer
Cured-in-Place Pipe (CIPP) Lining Project contract to the low bidder Insituform Technol-
ogies. Motion by Lynch to receive and file the documents and adopt Resolution No. 210-
17 Awarding public improvement contract for the FY17 Sanitary Sewer Cured-in-Place
Pipe (CIPP) Lining Project. Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 210-17
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE FY17 SANITARY
SEWER CURED-IN-PLACE PIPE (CIPP) LINING PROJECT
Whereas, sealed proposals have been submitted by contractors for the FY17 Sanitary
Sewer Cured-in-Place Pipe (CIPP) Lining Project (the Project) pursuant to Resolution No.
156-17 and Notice to Bidders published on the City of Dubuque website www.cityofdubu-
que.org/bids in the City of Dubuque and on the Construction Update Network at www.mbi-
online.com, Iowa on the 5th day of May 2017.
Whereas, said sealed proposals were opened and read on the 18th day of May 2017
and it has been determined that Insituform Technologies of Chesterfield, Missouri, with a
32
bid in the amount of $193,131 .40, is the lowest responsive, responsible bidder for the
Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a Public Improvement Contract for the Project is hereby awarded to Insituform
Technologies and the City Manager is hereby directed to execute a Public Improvement
Contract on behalf of the City of Dubuque for the Project.
Passed, approved and adopted this 5th day of June, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
6. South Pointe Subdivision Final Plat: City Manager recommending approval of the
Final Plat of South Pointe Subdivision. Motion by Lynch to receive and file the documents
and adopt Resolution No. 211-17 Authorizing approval of the Final Plat of South Pointe
Subdivision in the City of Dubuque, Iowa. Seconded by Resnick. Motion carried 7-0.
RESOLUTION NO. 211-17
A RESOLUTION AUTHORIZING APPROVAL OF THE FINAL PLAT OF SOUTH
POINTE SUBDIVISION IN THE CITY OF DUBUQUE, IOWA
Whereas, there has been filed with the City Clerk a Final Plat of South Pointe Subdivi-
sion in the City of Dubuque, Iowa; and
Whereas, upon said final plat appear public streets to be known as Rockdale Road
(Lot F), South Pointe Drive (Lot G), Waterbridge Lane (Lot N), Cedar Trail Drive (Lot 0),
Summit Hill Drive (Lot P), and Whisper Woods Lane (Lot Q) together with certain public
utility, storm sewer, sanitary sewer, detention basin access, cul-de-sac (temporary), and
water main easements, which the owner by said final plat has dedicated to the public
forever; and
Whereas, upon said Final Plat appear private streets to be known as Fieldstone Court
(Lot H), Autumn Ridge Lane (Lot J), Rolling Creek Lane (Lots K& L) and Edenbrook Lane
(Lot M), which the owner by said Final Plat has agreed to own, construct and maintain
forever; and
Whereas, the preliminary plat has been examined by the Zoning Advisory Commission
and its approval has been endorsed thereon; and
Whereas, said final plat has been reviewed by the City Planner and her approval has
been endorsed thereon, subject to the owner's agreeing to the conditions specified
herein; and
Whereas, said final plat has been examined by the City Council and the City Council
find the final plat conforms to the applicable statutes and ordinances, except that streets
and public utilities have not yet been completely constructed or installed.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . That the dedication of Rockdale Road (Lot F), South Pointe Drive (Lot G),
Waterbridge Lane (Lot N), Cedar Trail Drive (Lot 0), Summit Hill Drive (Lot P), and Whis-
per Woods Lane (Lot Q) together with certain public utility, storm sewer, sanitary sewer,
detention basin access, cul-de-sac (temporary), and water main easements, as they ap-
pear on said final plat, be and the same are hereby accepted.
33
Section 2. That the private streets of Field Stone Court (Lot H), Autumn Ridge Lane
(Lot J), Rolling Creek Lane (Lots K& L), and Edenbrook Lane (Lot M), as they appear on
said Final Plat, be and the same are hereby approved; and that the dedication of the
public utility easements in Field Stone Court (Lot H), Autumn Ridge Lane (Lot J), Rolling
Creek Lane (Lots K& L), and Edenbrook Lane (Lot M), as they appear on said Final Plat,
be and the same are hereby accepted.
Section 3. That the Final Plat of South Pointe Subdivision is hereby approved and the
Mayor and City Clerk are hereby authorized and directed to endorse the approval of the
City of Dubuque, Iowa, upon said final plat, provided the owners of said property herein
named, execute their written acceptance of the attached conditions and further agree:
(a) To reduce South Pointe Drive (Lot G), Waterbridge Lane (Lot N), Cedar Trail
Drive (Lot 0), Summit Hill Drive (Lot P), and Whisper Woods Lane (Lot Q) to grade
and to construct longitudinal sub-drain, concrete curb and gutter with asphaltic con-
crete pavement or with Portland Cement concrete pavement with integral curb, and
temporary cul-de-sacs, all in accordance with the City of Dubuque standard specifica-
tions in a manner acceptable to the City Engineer, in conformance with construction
improvement plans approved by the City Engineer, and inspected and approved by the
City Engineer.
(b) To reduce the private streets of Fieldstone Court (Lot H), autumn Ridge Lane
(Lot J), Rolling Creek Lane (Lots K& L), and Edenbrook Lane (Lot M) to grade and to
construct longitudinal sub-drain, concrete curb and gutter with asphaltic concrete pave-
ment or with Portland Cement concrete pavement with integral curb, and temporary
cul-de-sacs, all in accordance with the City of Dubuque standard specifications in a
manner acceptable to the City Engineer, in conformance with construction improve-
ment plans approved by the City Engineer, and inspected and approved by the City
Engineer.
(c ) To install sanitary sewer mains and sewer service laterals into each individual
lot, water mains and water service laterals into each individual lot, storm water deten-
tion basins, storm sewers and catch basins, boulevard street lighting, fiber optic con-
duit and vaults, and erosion control devices all in accordance with the City of Dubuque
standard specifications in a manner acceptable to the City Engineer, and in accord-
ance with construction improvement plans approved by the City Engineer, and in-
spected and approved by the City Engineer.
(d) To construct accessible sidewalk ramps at each intersection and street crossings
in accordance with City of Dubuque Standards and Specifications, all in a manner ac-
ceptable to the City Engineer, and in accordance with the construction improvement
plans approved by the City Engineer, and inspected and approved by the City Engi-
neer.
(e) To construct concrete sidewalk across Lot A in accordance with City of Dubuque
Standards and Specifications, all in a manner acceptable to the City Engineer, and in
accordance with the construction improvement plans approved by the City Engineer,
and inspected and approved by the City Engineer.
(f) To construct the improvements outlined in (a), (b), (c), (d), and (e) above within
two years from the date of acceptance of this resolution, at the sole expense of the
owners, or future owner.
34
(g) To maintain the improvements outlined in (a), (c), (d) and (e) above for a period
of two (2) years from the date of the acceptance of those improvements by the City
Council of the City of Dubuque, Iowa, at the sole final expense of the owners, or future
owner.
(h) To maintain the private street improvements outlined in (b) above forever.
(i) To provide security for the performance of the foregoing conditions specified in
this Section in such form and with such sureties as may be acceptable to the City
Manager of the City of Dubuque, Iowa.
Section 4. That sidewalk installation shall be the responsibility of each lot owner for
each lot abutting the public rights-of-way, including lots with multiple frontages, as re-
quired by City Code Chapter 10-1-2 (Sidewalk Installation and Repair).
Section 5. That the owner must construct and maintain erosion control devices in South
Pointe Subdivision which control erosion and prevent sediment from leaving the site. The
owner shall also be responsible for maintenance of the detention facility located on Lots
C and D of South Pointe Subdivision until 80% of the lots (Lots C, 1-6 inclusive, and Lots
33-37 inclusive for Lot D detention facility) (Lots 7-26 inclusive, Lot A, Lot 27, Lots 38-47
inclusive, and Lots 62-68 inclusive for Lot C detention facility) shown on the Preliminary
Plat/Conceptual Plan for South Pointe Subdivision, which drain into said detention facility,
have been fully developed and adequate erosion control measures, as approved by the
City Engineer, have been installed on the remaining 20% of said lots. Until the above 80%
of lots are developed, maintenance of the detention facilities in Lots C and D of South
Pointe Subdivision shall include the removal of sediment and other debris caused by con-
struction activities in South Pointe Subdivision and reshaping and reseeding of the dis-
turbed areas. After said 80% lots are developed, inspection, administration, and mainte-
nance expenses incurred by the City of Dubuque for the storm water detention facility on
Lots C and D of South Pointe Subdivision shall be assessed against the property owners,
except the City of Dubuque, in South Pointe Subdivision, as indicated on the preliminary
plats thereof, in equal amounts. The City Manager shall certify such costs to the City
Clerk, who in turn shall promptly certify such costs to the Dubuque County Treasurer, and
such costs shall then be collected with and in the same manner as general property taxes
in accordance with provisions of law.
Section 6. That the owner must maintain the temporary cul-de-sacs on Whisper Woods
Lane and on Summit Hill Drive, except for snow removal and deicing, until such time as
the construction of Phase 2 of the subdivision begins or owner designs and constructs
permanent cul-de-sac improvements to current City Standards and dedicates said im-
provements and an appropriate right of way to the City.
Section 7. That the planting of street trees shall be coordinated with the City Forester.
Any trees planted within the street right-of-way must be chosen and planted by the City
of Dubuque Leisure Services Department at the developer's expense.
Section 8. That the final acceptance of the public improvements shall only occur upon
certification of the City Engineer to the City Council that the public improvements have
been completed in accordance with the approved improvement plans and City standards
and specifications and accepted by City Council Resolution.
Section 9. That in the event South Pointe, LLC fails to execute the acceptance and
furnish the guarantees provided hereof within 180 days after the date of this Resolution,
35
the provisions hereof shall be null and void and the acceptance of the dedication and
approval the plat shall not be effective.
Passed, approved and adopted this 5th day of June, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
7. South Pointe Housing Urban Renewal Area — Ordinance: City Manager recommend-
ing approval of the Amended and Restated Urban Renewal Plan for the South Pointe
Housing Urban Renewal Area that provides details on the inclusion of an additional area
and related projects that will allow for road improvements and the installation of utilities
related to housing and residential development. Motion by Lynch 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. Motion carried 7-0.
Motion by Lynch for final consideration and passage of Ordinance No. 25-17 Amending
Ordinance Nos. 11-17 and 11-17-A, providing that General Property Taxes levied and
collected each year on all property located within the South Pointe Housing Urban Re-
newal Area, as amended and restated, in the City of Dubuque, County of Dubuque, State
of Iowa, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque,
Dubuque Community School District and other Taxing Districts, be paid to a special fund
for payment of principal and interest on loans, monies advanced to and indebtedness,
including bonds issued or to be issued, incurred by said City in Connection with said
South Pointe Housing Urban Renewal Area, as Amended and Restated. Seconded by
Connors. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 25-17
AN ORDINANCE AMENDING ORDINANCE NOS. 11-17 AND 11-17-A, PROVIDING
THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON
ALL PROPERTY LOCATED WITHIN THE SOUTH POINTE HOUSING URBAN RE-
NEWAL AREA, AS AMENDED AND RESTATED, 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 COM-
MUNITY SCHOOL DISTRICT AND OTHER TAXING DISTRICTS, BE PAID TO A SPE-
CIAL FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS, MONIES
ADVANCED TO AND INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE IS-
SUED, INCURRED BY SAID CITY IN CONNECTION WITH SAID SOUTH POINTE
HOUSING URBAN RENEWAL AREA, AS AMENDED AND RESTATED
Whereas, the City Council of the City of Dubuque, Iowa, has heretofore, in Ordinance
Nos. 11-17 and 11-17-A, provided for the division of taxes within the South Pointe Hous-
ing Urban Renewal Area; and
Whereas, the City Council of the City of Dubuque, Iowa, after public notice and hearing
as prescribed by law and pursuant to Resolution No. 204-17 passed and approved on the
5th day of June 2017, adopted an Amended and Restated Urban Renewal Plan (the "Ur-
ban Renewal Plan") for an urban renewal area known as the South Pointe Housing Urban
Renewal Area, as amended and restated, (the "Urban Renewal Area"); and
36
Whereas, expenditures and indebtedness are anticipated to be incurred by the City of
Dubuque, Iowa in the future to finance urban renewal project activities carried out in fur-
therance of the objectives of the Urban Renewal Plan and the future needs for redevel-
opment within the Urban Renewal Area are such as to require the application of the in-
cremental tax resources of the Urban Renewal Area; and
Whereas, the City Council of the City of Dubuque, Iowa desires to provide for the divi-
sion of revenue from taxation in the Urban Renewal Area, as above described, in accord-
ance with the provisions of Section 403.19 of the Code of Iowa, as amended, and the
Urban Renewal Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . For purposes of this Ordinance, the following terms have the following
meanings:
a. Urban Renewal Project Area includes that area described as follows:
Lot 1 of Tower Investments Subdivision No. 1 , City of Dubuque; and
Lot 1 of Lot 1 of Lot 2 of Tower Investments Subdivision No. 1 , City of Dubuque;
and
Lot 2 of Table Mound Mobile Home Park, City of Dubuque; and
Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot 2 of Mineral Lot 483,
City of Dubuque; and
Lot 1 of Mary Lou Place, City of Dubuque; and
Lot 1 of McNamer Acres No. 1 ; and
Lot 1 of McNamer Acres No. 3; and
Lot 2 of McNamer Acres No. 3; and
All that part of the Rockdale Road Right of Way lying South of the Easterly extension
of the North line of Lot 1 of Mary Lou Place and lying North of the Southern terminus
of the Rockdale Road Right of Way; and
All that part of the Key West Drive Right of Way and the Us Highway 61 Right of
Way lying South of the Easterly and Westerly extension of the South line of Lot 2-1-1-
1-3 of Annie Waller Subdivision #2 and lying North of the Easterly and Westerly exten-
sion of that part of Lot 1 of Mineral Lot 479 lying West of U.S. Highway 61 , and
All of the Manson Road Right of Way, in the City of Dubuque, Iowa; and
Lot 1-2-1-1-1-1-1-1-2-1-4 of Mineral Lot 501 ; and
All that part of the Kelly Lane Right of Way Lying North and West of the West line of
Lot 4 of Old Mill Subdivision and its Northerly extension; and
Lot 1-2, 1-2-1 , 1-3-1 , 2-1-1 , 2-2-3-1 , 2-2-2, 2-2-2-1 All in Mineral Lot 514; and
Lot 10 Peg-O-Mesa Subdivision; and
All that part of the Fremont Avenue Right of Way lying West and South of the South
line of Lot 14 in Block 1 of Birch Acres and its Northwesterly extension; and
All that part of the Cedar Cross Road Right of Way lying South of the Chicago Cen-
tral and Pacific Railroad Company property in Section 27, T89N, R2E of the 5th P.M.;
and
All that part of the Chicago Central and Pacific Railroad Company property in Sec-
tion 27, T89N, R2E of the 5th P.M. lying East of the Westerly line of Lot 1 of Part of Lot
1-1 of Mineral Lot 233 and its Northerly extension and lying West of the Westerly line
of Lot 2-2 of Mineral Lot 211A and its Northerly extension; and
37
All that part of the Cedar Cross Road Right of Way lying South of the Southern Right
of Way line of U.S. Highway 20 (Dodge Street) and lying North of the Chicago Central
and Pacific Railroad Company property in Section 27, T89N, R2E of the 5th P.M.; and
All that part of the U.S. Highway 20 (Dodge Street) Right of Way lying West of a line
connecting the Northwest corner of Lot 2-1-1-1 of Bartels Center Grove Place and the
Southeast corner of Lot 1 of Hardee's First Addition and lying East of the Chicago
Central and Pacific Railroad Company property in Section 28, T89N, R2E of the 5th
P.M.; and
All that part of the Chicago Central and Pacific Railroad Company property in Sec-
tion 28, T89N, R2E of the 5th P.M. lying East of the Easterly line of Lot 2 of West End
Commercial Subdivision #2 and its Southerly extension and lying West of the Westerly
line of Lot 1 of Clin-Que Inc Addition No. 2 and its Southerly extension; and
All that part of the U.S. Highway 20 (Dodge Street) Right of Way lying South and
West of the Chicago Central and Pacific Railroad Company property in Section 28,
T89N, R2E of the 5th P.M. and North and East of the Northerly extension of West Lot
line of Lot 6 of Key City Subdivision; and
Lot 6 of Key City Subdivision, Dubuque County Iowa; and
All that part of West Key Drive Right of Way adjacent to Lot 6 of Key City Subdivi-
sion; and
All that part of Royal Wood Drive Right of Way lying South of the Southerly Right of
Way line of West Key Drive and North of the Northerly Right of Way line of North Cas-
cade Road; and
Lot 1 of Lot 1 of the Southeast Quarter of the Northwest Quarter of Section 13,
T88N, R1 E of the 5th P.M.; and
All that part of the English Mill Road Right of Way lying South of the Northerly line
of the South 10 Acres of Lot 1 of the Southeast Quarter of the Northwest Quarter of
Section 5, T88N, R2E and its Easterly extension and lying North of the Northerly Right
of Way line of North Cascade Road; and
All that part of the Northwesterly Half of the North Cascade Road Right of Way lying
South and West of the East line of Lot 1 of Dieters Place and its Northerly extension
and lying North and East of the West line of Lot 1-1 of Elizabeth Watter's Place and its
Northerly extension; and
All that part of the North Cascade Road Right of Way lying South and West of the
West line of Lot 1-1 of Elizabeth Watter's Place and its Northerly extension and lying
North and East of the East line of Lot 1-1 of Dane Place and its Southerly extension;
and
All that part of the Southeasterly Half of the North Cascade Road Right of Way lying
South and West of the East line of Lot 1-1 of Dane Place and its Southerly extension
and lying North and East of the Easterly Right of Way line of U.S. Highway 20.
A part of Lot 2-2-1-1-2 of Mineral Lot 483, Lot 1-2-1-1-2 of Mineral Lot 483, and Lot
1-2-2-2 of Mineral Lot 483 in the City of Dubuque, Iowa, more particularly described as
follows: Beginning at the southwest corner of Lot 2-2-1-1-2 of Mineral Lot 483; thence
North 04 Degrees 51 Minutes 47 Second East a distance of 127.24 feet; thence North
29 Degrees 44 Minutes 54 Seconds East a distance of 170.93 feet; thence North 80
Degrees 19 Minutes 29 Seconds East a distance of 40.03 feet to the southerly right of
way line of Tower Drive; thence South 84 Degrees 00 Minutes 14 Seconds East along
38
said southerly right of way line a distance of 1 .39 feet; thence South 87 Degrees 49
Minutes 21 Seconds East along said southerly right of way line a distance of 95.54
feet; thence South 80 Degrees 19 Minutes 29 Seconds West a distance of 125.43 feet;
thence South 29 Degrees 44 Minutes 54 Seconds West a distance of 157.07 feet;
thence South 04 Degrees 51 Minutes 47 Seconds West a distance of 121 .90 feet;
thence North 87 Degrees 48 Minutes 19 Seconds West a distance of 20.02 feet to the
point of beginning.
A part of Mineral Lot 486 in the City of Dubuque, Iowa, more particularly described
as follows: Commencing at the northeast corner of Mineral Lot 486; thence North 76
Degrees 36 Minutes 57 Seconds West along the northerly line of said lot a distance of
403.64 feet to the point of beginning; thence South 65 Degrees 40 minutes 26 Seconds
West a distance of 65.15 feet; thence North 24 Degrees 19 Minutes 34 Seconds West
a distance of 20.00 feet; thence North 65 Degrees 40 Minutes 26 Seconds East a
distance of 39.29 feet to the north line of said lot; thence South 76 Degrees 36 Minutes
57 Seconds East along the north line of said lot a distance of 32.70 feet to the point of
beginning.
A part of Mineral Lot 486 in the City of Dubuque, Iowa, more particularly described
as follows: Commencing at the northeast corner of Mineral Lot 486; thence North 76
Degrees 36 Minutes 57 Seconds West along the northerly line of said lot a distance of
628.75 feet; thence North 79 Degrees 50 Minutes 55 Seconds West along the north
line of said lot a distance of 139.90 feet to the point of beginning; thence South 08
Degrees 41 Minutes 38 Seconds East a distance of 72.68 feet; thence South 81 De-
grees 18 Minutes 22 Seconds West a distance of 20.00 feet; thence North 08 Degrees
41 Minutes 38 Seconds West a distance of 79.50 feet to a point on the north line of
said lot; thence South 79 Degrees 50 Minutes 55 Seconds East along the north line of
said lot a distance of 21 .13 feet to the point of beginning.
A part of Mineral Lot 488 in the City of Dubuque, Iowa, more particularly described
as follows: Commencing at the northeast corner of Mineral Lot 486; thence North 76
Degrees 36 Minutes 57 Seconds West along the northerly line of said lot a distance of
628.75 feet; thence North 79 Degrees 50 Minutes 55 Seconds West along the north
line of said lot a distance of 321 .31 feet; thence North 69 Degrees 04 Minutes 44 Sec-
onds West along the north line of said lot a distance of 304.67 feet; thence North 42
Degrees 36 Minutes 17 Seconds West along the north line of said lot and the easterly
line of Mineral Lot 488 a distance of 223.95; thence North 67 Degrees 26 Minutes 34
Seconds West along the easterly line of Mineral Lot 488 a distance of 186.99 feet;
thence North 27 Degrees 46 Minutes 34 Seconds West along the easterly line of said
lot a distance of 79.24 feet; thence North 12 Degrees 43 Minutes 23 Seconds East a
distance of 598.76 feet to the point of beginning; thence South 73 Degrees 55 Minutes
19 Seconds West a distance of 95.02 feet; thence North 16 Degrees 04 Minutes 41
Seconds West a distance of 20.00 feet; thence North 73 Degrees 55 Minutes 19 Sec-
onds East a distance of 106.02 feet to a point on the easterly line of said lot; thence
South 12 Degrees 43 Minutes 23 Seconds West along the easterly line of said lot a
distance of 22.82 feet to the point of beginning.
A part of Mineral Lot 488 in the City of Dubuque, Iowa, more particularly described
as follows: Commencing at the northeast corner of Mineral Lot 486; thence North 76
Degrees 36 Minutes 57 Seconds West along the northerly line of said lot a distance of
39
628.75 feet; thence North 79 Degrees 50 Minutes 55 Seconds West along the north
line of said lot a distance of 321 .31 feet; thence North 69 Degrees 04 Minutes 44 Sec-
onds West along the north line of said lot a distance of 304.67 feet; thence North 42
Degrees 36 Minutes 17 Seconds West along the north line of said lot and the easterly
line of Mineral Lot 488 a distance of 223.95; thence North 67 Degrees 26 Minutes 34
Seconds West along the easterly line of Mineral Lot 488 a distance of 186.99 feet;
thence North 27 Degrees 46 Minutes 34 Seconds West along the easterly line of said
lot a distance of 79.24 feet; thence North 12 Degrees 43 Minutes 23 Seconds East a
distance of 640.72 feet; thence North 12 Degrees 47 Minutes 24 Seconds East along
the easterly line of said lot a distance of 169.27 feet to the point of beginning; thence
North 80 Degrees 41 Minutes 00 Seconds West a distance of 207.65 feet; thence North
09 Degrees 19 Minutes 00 Seconds East a distance of 20.00 feet; thence South 80
Degrees 41 Minutes 00 Seconds East a distance of 208.86 feet to point on the easterly
line of said lot; thence South 12 Degrees 47 Minutes 24 Seconds West a distance of
20.04 feet to the point of beginning.
A part of Lot 2-1-2 of Tower Investment Subdivision No. 1 in the City of Dubuque,
Iowa, more particularly described as follows: Beginning at the southwest corner of Lot
1-2-2 of Tower Heights in the City of Dubuque, Iowa; thence South 04 Degrees 49
Minutes 39 Seconds West along the westerly right of way line of Tower Drive a distance
of 15.02 feet to the point of beginning; thence continuing South 04 Degrees 49 Minutes
39 Seconds West along said westerly line a distance of 30.03 feet; thence North 82
Degrees 49 Minutes 29 Seconds West a distance of 497.68 feet to a point on the west-
erly line of Lot 2-1-2 of Tower Investment Subdivision No. 1 ; thence North 05 Degrees
44 Minutes 16 Seconds West along said westerly lot line a distance of 30.78 feet;
thence South 82 Degrees 49 Minutes 29 Seconds East a distance of 503.33 feet to the
point of beginning.
(b) Urban Renewal Plan means the Amended and Restated Urban Renewal Plan
for the South Pointe Housing Urban Renewal Area, as amended and restated, ap-
proved by Resolution No. 204-17 on June 5, 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 provided.
Section 3. That portion of the taxes which would be produced by the rate at which the
tax is levied each year by or for each of the taxing districts upon the total sum of the
assessed value of the taxable property in the Urban Renewal Area, as shown on the
assessment roll as of January 1 , 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.
40
Section 4. That portion of the taxes each year in excess of the base period taxes de-
termined for the Urban Renewal Area as provided in Section 3 of this Ordinance shall be
allocated to and when collected be paid into a special tax increment fund of the City of
Dubuque, Iowa hereby established, to pay the principal of and interest on loans, monies
advanced to, indebtedness, whether funded, refunded, assumed or otherwise, including
bonds or obligations issued under the authority of Section 403.9 or 403.12 of the Code of
Iowa, as amended, incurred by the City of Dubuque, Iowa, to finance or refinance, in
whole or in part, urban renewal projects undertaken within the Urban Renewal Area pur-
suant to the Urban Renewal Plan, except that (i) taxes for the regular and voter-approved
physical plant and equipment levy of a school district imposed pursuant to Iowa Code
Section 298.2 and taxes for the instructional support program of a school district imposed
pursuant to Iowa Code Section 257.19 (but in each case only to the extent required under
Iowa Code Section 403.19(2)); (ii) taxes for the payment of bonds and interest of each
taxing district; (iii) taxes imposed under Iowa Code Section 346.27(22) related to joint
county-city buildings; and (iv) any other exceptions described in Section 403.19 shall be
collected against all taxable property within the Urban Renewal Project Area without any
limitation as hereinabove provided.
Section 5. Unless or until the total assessed valuation of the taxable property in the
Urban Renewal Area exceeds the total assessed value of the taxable property in the
Urban Renewal Project Area as shown by the assessment roll referred to in Section 3 of
this Ordinance, all of the taxes levied and collected upon the taxable property in the Urban
Renewal Area shall be paid into the funds for the respective taxing districts as taxes by
or for said taxing districts in the same manner as all other property taxes.
Section 6. At such time as the loans, advances, indebtedness, bonds and interest
thereon of the City of Dubuque, Iowa referred to in Section 4 hereof have been paid, all
monies thereafter received from taxes upon the taxable property in the Urban Renewal
Area shall be paid into the funds for the respective taxing districts in the same manner as
taxes on all other property.
Section 7. All ordinances or parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed. The provisions of this Ordinance are intended and shall
be construed so as to fully implement the division of taxes from taxable property in the
Urban Renewal Area under the provisions of Section 403.19 of the Code of Iowa. In the
event that any provision of this Ordinance shall be determined to be contrary to law it shall
not affect other provisions or application of this Ordinance which shall at all times be
construed to fully invoke the provisions of Section 403.19 of the Code of Iowa with refer-
ence to the Urban Renewal Area and the territory contained therein.
Section 8. This Ordinance shall be in effect after its final passage, approval and publi-
cation as provided by law.
Passed and approved this 5th day of June, 2017.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Read first time: June 5, 2017
Passed and approved: June 5, 2017
Published officially in the Telegraph Herald newspaper on the 9th day of June, 2017
/s/Kevin S. Firnstahl, City Clerk
41
8. Greater Downtown Urban Renewal District — Ordinance: City Manager recommend-
ing Council adoption of an ordinance amending the Tax Increment Financing District for
the Greater Downtown Urban Renewal District that will expand the District to include the
new Lower Kaufmann Subarea. 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 Lynch. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 26-17 Amending
Ordinance No. 6-17 and 6-17-A, previously amended, providing that General Property
Taxes levied and collected each year on all property located within the Greater Downtown
Urban Renewal District 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 Com-
munity 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
Urban Renewal Plan for the Greater Downtown Urban Renewal District. Seconded by
Lynch. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 26-17
AMENDING ORDINANCE NO. 6-17 AND 6-17-A, PREVIOUSLY AMENDED, PROVID-
ING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR
ON ALL PROPERTY LOCATED WITHIN THE GREATER DOWNTOWN URBAN RE-
NEWAL DISTRICT 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, IN-
CLUDING BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CON-
NECTION WITH THE AMENDED AND RESTATED URBAN RENEWAL PLAN FOR
THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT
Whereas, the City Council of the City of Dubuque, Iowa (the "City") has heretofore, in
Ordinance No. 30-82, provided for the division of taxes within the original Downtown
Dubuque Urban Renewal Project, Iowa R-15, described in Resolution No. 123-67
adopted on May 18, 1967, pursuant to Section 403.19 of the Code of Iowa; and
Whereas, the Urban Renewal Plan for the original Downtown Dubuque Urban Renewal
Project, Iowa R-15, subsequently has been amended on numerous occasions, growing
through expansion or merger with other existing urban renewal districts, resulting in Bluff
Street, Cable Car, Chaplain Schmitt, East 7th Street, Ice Harbor Subarea A, Ice Harbor
Subarea B, Ice Harbor Subarea C, Industrial Harbor, Kerper Boulevard, Old Main, South
Bluff, South Main, South Port, Town Clock, Town Clock Expansion, Upper Main, Ware-
house, Washington Street, North Kerper Boulevard, Quebecor, Harrison Street, Holy
Ghost, Almond Street, North End, West Locust Street Corridor, University Avenue Corri-
dor, and Brewing & Malting Subareas being added to what is now known as the Amended
and Restated Greater Downtown Urban Renewal District; and
42
Whereas, consistent with the amendments to the Urban Renewal Plan, Ordinance No.
30-82 subsequently was amended on numerous occasions to provide for the division of
taxes within the Amended and Restated Greater Downtown Dubuque Urban Renewal
District, most recently by Ordinance No. 6-17 and 6-17-A, creating separate base valua-
tions for the Bluff Street, Cable Car, Chaplain Schmitt, East 7th Street, Ice Harbor Subarea
A, Ice Harbor Subarea B, Ice Harbor Subarea C, Industrial Harbor, Kerper Boulevard, Old
Main, South Bluff, South Main, South Port, Town Clock, Town Clock Expansion, Upper
Main, Warehouse, and Washington Street, North Kerper Boulevard, Quebecor, Harrison
Street, Holy Ghost, Almond Street, North End, West Locust Street Corridor, University
Avenue Corridor, Brewing & Malting, and 15th Street Subareas; and
Whereas, the Urban Renewal Plan for the Greater Downtown Urban Renewal District
was further amended and restated as an Amended and Restated Urban Renewal Plan,
pursuant to Resolution No. 205-17 approved on June 5, 2017 for the purpose of expand-
ing the Greater Downtown Urban Renewal District to include an additional area described
as the Lower Kaufmann Subarea; 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 combined area known as the Greater Downtown Urban Renewal District (the "Greater
Downtown Urban Renewal District"), and the continuing needs of redevelopment within
the Greater Downtown Urban Renewal District are such as to require the continued ap-
plication of the incremental tax resources within the expanded Greater Downtown Urban
Renewal 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 No. 6-17 and 6-17-A are hereby amended to read as follows:
Section 1 : For purposes of this Ordinance, the following terms shall have the following
meanings:
(a) Town Clock Subarea of the District shall include that area described as fol-
lows: Beginning at the intersection of the north right-of-way line of Ninth Street with
the east right-of-way line of Central Avenue; thence south along the east right-of-
way line of Central Avenue to its intersection with the south right-of-way line of
Fourth Street; thence west along the south right-of-way line of Fourth Street to its
intersection with the west right-of-way line of Locust Street; thence north along the
west right-of-way line of Locust Street to its intersection with the north right-of-way
line of Ninth Street, but also including the adjacent City Lots 623 and 624 (Dubuque
Museum of Art), the Locust Street Parking Ramp between 8th and 9th Streets and
the former U.S. Federal Building located on City Lots 101 , 102, 139, 140, and the N
54.5' of City Lots 103 & 138, and the vacated alley between said lots; thence east
along the north right-of-way line of Ninth Street to its intersection with the east right-
of-way line of Central Avenue, and point of beginning, including all public rights-of-
way.
(b) Town Clock Expansion Subarea shall include the following described proper-
ties: South 1/2 of City Lot 167, City Lot 168 and City Lot 168A (Iowa Inn property);
and Lots 1 & 2 of City Lots 204, 205, 206, 207 and 208, N. 23' of City Lot 263, S.
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28.5' of City Lot 263, N. 1/2 of City Lot 262, S. 1/2 of City Lot 262, N. 1/2 of City Lot
261 (Parking Lot Number 1), all in the City of Dubuque, Iowa and any adjoining
public right-of-way.
(c) Old Main Subarea of the District shall include that area generally bounded on
the North by Fourth Street, on the West by Locust Street, on the South by the Locust
Street Connector and on the East by the U.S. Highway 151/61 right-of-way, includ-
ing all public rights-of-way.
(d) Upper Main Subarea of the District shall include that area generally bounded
on the North by Fourteenth Street, on the West by Locust Street but including City
Lots658A, 659, 660, and the balance of City Lots 658 (Carnegie-Stout Public Li-
brary), on the South by the northerly boundary of the Town Clock Subarea and on
the East by Central Avenue, and including all public rights-of-way.
(e) Ice Harbor Subarea A of the District shall include that area generally bounded
on the north by the public alley located between the vacated Fourth Street and Third
Street, on the west by the Chicago, Central and Pacific Railroad right-of-way, on the
south by East First Street and on the east by the municipal limits of the City of Dubu-
que, Iowa and including any adjoining public right-of-way.
(f) Ice Harbor Subarea B of the District shall include that area generally bounded
on the north and west by the Chicago, Central and Pacific Railroad right-of-way, on
the south by the northerly boundary of Subarea A and on the east by the municipal
limits of the City of Dubuque including any adjoining public right-of-way.
(g) Ice Harbor Subarea C of the District shall include Lot 1-2 and Lot 2-2 of Adams
Company's 4th Addition, and all that part of Lot 2-1 of Adams Company's 4th Addi-
tion lying west of the northerly extension of the westerly line of the Balance of Lot 3
of Adams Company's 2nd Addition, in the City of Dubuque, Iowa including any ad-
joining public right-of-way.
(h) Warehouse Subarea of the District shall include that area generally bounded
by the following description: Commencing as a point of reference at the intersection
of the centerlines of 11th Street and Central Avenue in the City of Dubuque, Dubuque
County, Iowa, said point being the point of beginning; Thence northeasterly along
the centerline of 11th Street to a point of intersection with the centerline of White
Street; Thence northwesterly along the centerline of White Street to a point of inter-
section with the centerline of 12th Street; Thence northeasterly along the centerline
of 12th Street and extension thereof to a point of intersection with the centerline of
US Highways 151 and 61 ; Thence southwesterly along the centerline of US High-
ways 151 and 61 to a point of intersection with the centerline of 4th Street extended;
Thence southwesterly along the centerline of 4th Street and extension thereof to a
point of intersection with the centerline of Central Avenue; Thence northwesterly
along the centerline of Central Avenue to a point of intersection with the centerline
of 9th Street; Thence southwesterly along the centerline of 9th Street to a point of
intersection with the westerly line of City Lot 259 extended southerly; Thence north-
westerly along the westerly line of City Lot 259, and Lots 1 and 2 of the Subdivision
of the South '/2 of City Lot 261 and City Lot 260 to the southwest corner of the N '/2
of City Lot 261 ; Thence northeasterly along the southerly line of the N '/2 of City Lot
261 and extension thereof to a point of intersection with the centerline of Central
44
Avenue; Thence northwesterly along the centerline of Central Avenue to a point of
intersection of 11th Street also being point of beginning.
(i) South Main Subarea of the District shall include that area generally bounded
by the following description: Commencing as a point of reference at a point of inter-
section of the centerline of Locust Street with the Locust Street Connector in the
City of Dubuque, Dubuque County, Iowa, said point being the point of beginning;
Thence northeasterly along the centerline of the Locust Street Connector to a point
of intersection with the centerline of US Highways 52, 61 , and 151 ; Thence south-
easterly along the centerline of US Highways 52, 61 , and 151 to a point of intersec-
tion with the centerline of the eastern section of Jones Street extended southwest-
erly; Thence southwesterly along said extension of the centerline of the eastern
section of Jones Street to a point of intersection with the centerline of Main Street;
Thence northwesterly along the centerline of Main Street to a point of intersection
with the centerline of Jones Street; Thence northwesterly along the centerline of
Jones Street to a point of intersection with the easterly line of Lot 2D of vacated
Shields Street extended northerly; Thence southeasterly along the easterly line of
Lot 2D of vacated Shields Street to the southeasterly corner of said Lot 2D; Thence
southwesterly along the southerly lines of Lot A and Lot 2D of vacated Shields Street
and Lot 1 of 2 of City Lot 543 extended westerly to a point of intersection with the
centerline of Locust Street; Thence northeasterly along the centerline of Locust
Street to a point of intersection with the centerline of the Second Street Connector,
also being the point of beginning.
(j) South Port Subarea of the District shall include that area generally bounded
by the following description: Beginning at a point of reference at the northwest cor-
ner of Lot 2 of AA Cooper Wagon Works Block in the City of Dubuque, Dubuque
County Iowa, said point being on the southerly right of way line of East First Street;
Thence southeasterly along the southerly right of line of East First Street and exten-
sion thereof to the municipal limits of the City of Dubuque; Thence southerly along
said municipal limits to a point of intersection with the southern right of way line of
Railroad Ave. extended easterly; Thence southwesterly along said right of way line
extension there to the southeast corner of Lot A, Block 15 Dubuque Harbor Com-
pany's Addition; Thence northwesterly along the easterly line of said Lot A to the
northerly right of way line of Railroad Ave., and south line of lot 1 of 5 of Block 27
Dubuque Harbor Company's Addition; Thence northwesterly along the westerly
lines of lots 1 of 5, 1 of 4, 1 of 3, 1 of 2 and 1 of 1 of said Block 27 to the south line
of lot 4A of said Block 17; Thence westerly to the easterly right of way line of vacated
Water Street; Thence northwesterly along said easterly line to the southwesterly
corner of lot 2 of said Block 17; Thence westerly along the extension of the southerly
line of said Lot 2 to the westerly line of Vacated Water Street; Thence northerly
along said westerly right of way line to the southerly corner of Lot 2 of Block 18 of
Dubuque Harbor Company's Addition; Thence northwesterly along the westerly line
of said Lot 2 to a point of intersection with the southerly right of way line of vacated
Charter St; Thence southwesterly along said right of way line and extension thereof
the centerline of South Main Street; Thence northwesterly along said centerline to
the northerly line of Lot 5, Block 13 Dubuque Harbor Company's Addition extended
northeasterly; Thence southwesterly along said line to the easterly line of Lots 7 and
45
8 of said Block 13; Thence southeasterly along the easterly lines of said Lots 7 & 8
and extension thereof to the centerline of Charter Street; Thence southwesterly
along said centerline to the centerline of Salina Street; Thence northwesterly along
said centerline to the northerly line of Lot 1 of Harrison Street Place No. 4 extended
northeasterly; Thence southwesterly along the northerly lines of said Lot 1 of Harri-
son Street Place No. 4 extended to the westerly right of way line of Harrison St.;
Thence northerly along the easterly line of Lot 3 of Raymond Baumhover Subdivi-
sion to the northeast corner of said Lot 3, thence westerly along the northerly line of
said Lot 3 and westerly extension thereof to the centerline of relocated South Locust
St; Thence northerly along said centerline to the centerline of Dodge St; Thence
easterly along said centerline of Dodge Street to a point of intersection with the
westerly line of Lot E of vacated Shields Street extended southerly; Thence northerly
along said westerly line to the northwest corner of said lot E; Thence easterly along
the north line of said lot E and Lot 6 Block 11 of Dubuque Harbor Company's Addi-
tion and extension thereof to the centerline of Main Street; Thence southeasterly
along the centerline of Main St. to the centerline of Dodge Street; Thence easterly
along the centerline of Dodge St to the intersection of Highway 61/151 ; Thence
northwesterly along said centerline to a point of intersection with the southerly right
of way line of East First Street; Thence southeasterly along said right of way line to
the point of beginning.
(k) Cable Car Subarea of the District shall include that area generally bounded
by the following description: Commencing as a point of reference at the intersection
of the centerlines of Second Street and Locust Street in the City of Dubuque, Dubu-
que County, Iowa, said point being the point of beginning; Thence southeasterly
along the centerline of Locust Street to a point of intersection with the centerline of
First Street; Thence southwesterly along the centerline of First Street to a point of
intersection with the centerline of Bluff Street; Thence northwesterly along the cen-
terline of Bluff Street to a point of intersection with the centerline of Emmett Street;
Thence southwesterly along the centerline of Emmett Street to a point of intersection
with the centerline of St. Mary's Street; Thence northwesterly along the centerline
of St. Mary's Street and to a point of intersection with the northerly line of Cathedral
Center extended southwesterly; Thence northeasterly along the northerly line of Ca-
thedral Center to a point of intersection with the westerly right of way line of Bluff
Street; Thence northwesterly along said westerly right of way line of Bluff Street and
extension thereof to a point of intersection with the centerline of Third Street; Thence
southwesterly along the centerline of Third Street to a point of intersection with the
westerly line of Lot 1 of the East 78 ft. of the South 100 ft. of Lot 4 of City Lot 692
extended southerly; Thence northwesterly along said westerly line to a point of in-
tersection with the southerly line of Fenelon Point Subdivision; Thence northeasterly
along said southerly line to a point of intersection with the westerly line of Lot 2 of 2
of City Lot 692;Thence northwesterly along said westerly line and westerly line of
Lot 1 of 2 of City Lot 692 to a point of intersection with the southerly right of way line
of W. Fourth Street; Thence northeasterly across W. Fourth Street to the southwest
corner of Lot 1 of Evan's Place, said point also being on the northerly right of way
line of W. Fourth Street; Thence northwesterly along the west line of said Lot 1 to
46
the southeast corner of Lot 34 of Cooper Heights Addition; Thence continuing north-
westerly along the easterly line of Lots 34, 35, 36 and 37 of Cooper Heights Addition
to a point of intersection with the southerly right of way line of W. Fifth Street; Thence
northeasterly to a point of intersection in the centerline of W. Fifth Street approxi-
mately 270 feet southwesterly of the centerline of Bluff Street; Thence northwesterly
along the centerline of W. Fifth Street to a point of intersection with the southerly
line of Coriell's Dubuque also being the northerly right of way line of W. Fifth Street;
Thence northeasterly along said right of way line of W. Fifth St. to the southwest
corner of Lot 1 of City Lot 690;Thence northwesterly along the westerly line of said
Lot 1 to the northwest corner of said Lot 1 ;Thence northeasterly along the northerly
line of said Lot 1 to the northeast corner of said Lot 1 ;Thence southeasterly along
the easterly line of said Lot 1 to a point of intersection with the northerly line of the
south 62.5 ft. of the north 64 ft. of City lot 617;Thence northeasterly along said nor-
therly line and extension thereof to a point of intersection with the centerline of Bluff
Street; Thence southeasterly along the centerline of Bluff Street to a point of inter-
section with the northerly line of the south 10 ft. of City Lot 138 extended southwest-
erly; Thence northeasterly along said northerly line and northerly line of the south
10 ft. of the south 34.6 ft. of City Lot 103 and extension thereof to a point of inter-
section with the centerline of Locust Street; Thence southeasterly along the center-
line of Locust Street to a point of intersection with the centerline of Second Street,
said point being the point of beginning.
(I) Bluff Street Subarea of the District shall include that area generally bounded
by the following description: Commencing as a point of reference at the intersection
of the centerlines of W. Sixth Street and Bluff Street in the City of Dubuque, Dubu-
que County, Iowa, said point being the point of beginning; thence southeasterly
along the centerline of Bluff Street to a point of intersection with the northerly line of
the south 62.5 ft. of the north 64 ft. of City Lot 617 extended southeasterly; thence
southwesterly along said northerly line to the easterly line of Lot 1 of City Lot 690;
thence northwesterly along the easterly line of said Lot 1 to the northeast corner of
said Lot 1 ; thence southwesterly along the northerly line of said Lot 1 to the north-
west corner of said Lot 1 ; thence southeasterly along the westerly line of said Lot 1
to a point of intersection with northerly right of way line of W. Fifth Street; thence
southwesterly along said right of way line of W. Fifth St. to the southeast corner of
the South 73' of Lot 13 of Coriell's Dubuque; thence northwesterly 73' along the
easterly line of said South 73' of Lot 13 of Coriell's Dubuque to the northeast corner
of the South 73' of Lot 13 of Coriell's Dubuque; thence southwesterly along the nor-
therly line of said South 73' of Lot 13 of Coriell's Dubuque to a point of intersection
with westerly line of Lot 13 of Coriell's Dubuque; thence northwesterly along said
westerly line of Lot 13 to a point of intersection with the southerly line of Lot 33 of
Coriell's Dubuque; thence northeasterly along said southerly line of Lot 33 to a point
of intersection with the westerly line of Lot 14 of Coriell's Dubuque' thence north-
westerly along said westerly line of said Lot 14 to a point of intersection with the
southerly line of Lot 34 of Coriell's Dubuque; thence northeasterly along said south-
erly line of Lot 34 to the easterly line of Coriell's Dubuque; thence northwesterly
along said easterly line Lots 34, 35, 36, 37, 38, and 44 of Coriell's Dubuque to the
47
northwest corner of the North 50' of Lot 1 of Lot 1 of City Lot 653; thence northeast-
erly along the northerly line of said North 50' of Lot 1 of Lot 1 of City Lot 653 to the
southeast corner of Lot 1 of McKinley's Subdivision; thence northwesterly along said
easterly line of said Lot 1 and extension thereof to a point of intersection with the
centerline of West Eighth Street; thence northwesterly along said centerline of West
Eighth Street to a point of intersection with the westerly line of Lot 1 of the Subd'n.
of City Lot 688 and part of City Lot 654 extended southerly; thence northwesterly
along said westerly line of Lot 1 and extension thereof northerly to a point of inter-
section with the centerline of West Ninth Street; thence southwesterly along the
centerline of West Ninth Street to a point of intersection with the southerly extension
of the westerly line of Lot 2 of Lot 12 of Central Addition; thence northwesterly along
said westerly right of Lot 2 of Lot 12 to the northwest corner of said Lot; thence
northeasterly along the northerly line of said Lot 2 of Lot 12 to the northeast corner
of said Lot; thence southeasterly along said easterly line of said Lot 2 of Lot 12 to
the southwest corner of Lot 1 of Lot 11 of Central Addition; thence northeasterly
along the southerly line of Lot 1 of Lot 11 and Lot 1 of Lot 10 of Central Addition to
a point of intersection with the westerly line of Lot 1 of Lot 9 of Central Addition;
thence northwesterly along said westerly line of Lot 1 of Lot 9 to a point of intersec-
tion with the southerly right of way line of a public alley in Central Addition; thence
northeasterly along said southerly line to a point of intersection with the westerly line
of Lot 1 of 1 of 10 of Lorimer's Subdivision; thence northwesterly along said westerly
line of said Lot 1 of 1 of 10 to the northerly line of Lorimer's Subdivision; thence
northeasterly along the northerly line of Lorimer's Subdivision to the southeast cor-
ner of a public alley between Corkery's Subdivision and City Lot 655; thence north-
westerly along the easterly right of way line of said alley to a point of intersection
with West Eleventh Street; thence southwesterly along centerline of West Eleventh
Street to a point of intersection with the centerline of Grove Terrace; thence north-
westerly along centerline of Grove Terrace to a point of intersection with the nor-
therly right of way line of Arlington Street; thence northeasterly along the northerly
right of way line of Arlington Street to the southeast corner of City Lot 769B; thence
northwesterly along the easterly line of said City Lot 769B to a point of intersection
with the southerly line of Lot 3 of Brown's Subdivision; thence southwesterly along
the southerly line of said Lot 3 to the southwest corner of said lot; thence northwest-
erly along the westerly line of said Lot 3 and extension thereof to a point of intersec-
tion with the centerline of Loras Boulevard; thence northeasterly along said center-
line to a point of intersection with the centerline of Locust Street; thence southeast-
erly along the centerline of Locust Street to a point of intersection with the centerline
of W. Eleventh Street; thence southwesterly along the centerline of W. Eleventh
Street to a point of intersection with the centerline of Bluff Street; thence southeast-
erly along the centerline of Bluff Street to a point of intersection with the extension
of the southerly line of City Lot 658A; thence northeasterly along the southerly line
of City Lot 658A extended and the southerly line of City Lot 658, except the southerly
one foot thereof, extended to a point of intersection with the centerline of Locust
Street; thence southeasterly along the centerline of Locust Street to a point of inter-
section with the centerline of West Ninth Street; thence southwesterly along the
centerline of West Ninth Street to a point of intersection with the centerline of Bluff
48
Street; thence southeasterly along the centerline of Bluff Street to a point of inter-
section with the centerline of West Eighth Street; thence northeasterly along the
centerline of West Eighth Street to a point of intersection with the centerline of Lo-
cust Street; thence southeasterly along the centerline of Locust Street to a point of
intersection with the northerly line of City Lot 624 extended northeasterly; thence
southwesterly along the northerly line of City Lot 624 extended southeasterly to the
centerline of a public alley; thence southeasterly along the centerline of a public
alley to a point of intersection with the centerline of W. Seventh Street; thence north-
easterly along the centerline of W. Seventh Street to a point of intersection with
Locust Street; thence southeasterly along the centerline of Locust Street to a point
of intersection with West Sixth Street; thence southwesterly along the centerline of
West Sixth Street to a point of intersection with Bluff Street said point being the point
of beginning.
(m) South Bluff Street Subarea of the district shall include that area generally
bounded by the following description: Commencing as a point of reference at the
intersection of the centerlines of Emmett Street and Bluff Street in the City of Dubu-
que, Dubuque County, Iowa, said point being the point of beginning; thence south-
easterly along the centerline of Bluff Street to a point of intersection with the center-
line W. First Street; thence southwesterly along the centerline W. First Street to the
centerline of Bluff Street; thence southwesterly along the centerline of Bluff Street
to a point of intersection with the centerline Dodge Street; thence southwesterly
along the centerline Dodge Street to a point of intersection with the easterly line of
Lot 3 of City Lot 694 extended southeasterly; thence northwesterly along the east-
erly line of said Lot 3 of City Lot 694 and Lot 1 -1 and 2-1 of City Lot 694 to the
southwest corner of Lot 1-2 of City Lot 694; thence northeasterly along said south-
erly line of said Lot 1-2 of City Lot 694 to the southeast corner of said Lot; thence
northwesterly along said easterly line of Lot 1 -2 of City Lot 694 to a point of inter-
section with the southerly line of Lot 12 of Saint Raphael's Addition; thence north-
easterly along said southerly line of said Lot 12 and extension thereof to the center-
line of St. Mary's Street; thence northwesterly along the centerline of St. Mary's
Street to a point of intersection with the centerline of Emmett St.; thence northeast-
erly along the centerline of Emmett St. to centerline of Bluff Street, said point being
point of beginning.
(n) Kerper Boulevard Subarea of the district shall include the following described
properties: Lot 1-2, Lot 2-2, Lot 2A, Lot 3 and Lot 6 all in Kerper Industrial Park in
the City of Dubuque, Dubuque County, Iowa, also including the entire right of way
of Kerper Court and the westerly portion of Kerper Boulevard right of way from the
abutting Kerper Court right of way and Lot 3 of Kerper Industrial Park to the center-
line of Kerper Boulevard.
(o) Washington Neighborhood Subarea of the district shall include that area gen-
erally bounded by the following description: Commencing as a point of reference at
the intersection of the centerlines of Central Avenue and Loras Boulevard in the City
of Dubuque, Dubuque County, Iowa, said point being the point of beginning; Thence
southwesterly along the centerline of Loras Boulevard to a point of intersection with
the westerly line of Lot 3 of Brown's Subdivision extended northerly; Thence nor-
therly to the southwest corner of Lot 2-3 of City Lot 667; Thence northwesterly along
49
the westerly line of said Lot 2-3; Thence northeasterly along the northerly line of
said Lot 2-3 to a point of intersection with the southeasterly line of Lot 1 -3 of City
Lot 667; Thence northeasterly along the said southeasterly line to the northeast cor-
ner of said Lot 1-3; Thence southwesterly along the northerly line of said Lot 1 -3 to
a appoint of intersection with the easterly right of way line of Montrose Terrace;
Thence northwesterly along said the easterly right of way line to a point of intersec-
tion with the easterly right of way line of a public alley between D. N. Cooley's Sub-
division and Fairview Subdivision; Thence continuing northwesterly along said the
easterly alley line to a point of intersection with the southerly right of way line of W.
17th Street; Thence northwesterly crossing W. 17th St. to the most easterly corner of
Lot 2-1-1-2 of City Lot 670, said point being at the point of intersection of the north
right of way of W. 17th St. and westerly right of way line of W. Locust St.; Thence
southwesterly along the north right of way of W. 17th St. to southeast corner of Lot
1-2-2 of City Lot 670; Thence northwesterly along the easterly lines of Lot 1-2-2 and
Lot 2-2-2 of City Lot 670 to a point of intersection with the southerly right of way line
of Clark St.; Thence northwesterly crossing Clark St. to the southeasterly corner of
Welsh Place; Thence northwesterly along the easterly line of said Welsh Place to
the northeast corner thereof; Thence southwesterly along the northerly line of said
Welsh Place to a point of intersection with the easterly right of way line of a public
alley along the westerly side of A. L. Bowen's Subdivision; Thence northwesterly
along said easterly right of way line to a point of intersection with the southerly right
of way line of Angella Street; Thence southwesterly along said southerly right of way
line to the northeast corner of Lot 12 of Gilliam's Subdivision; Thence northwesterly
crossing Angella St. to the most southerly corner of Lot 1 of Gilliam's Subdivision
said point being on the northerly right of way line of Angella St.; Thence northwest-
erly along the westerly line of said Lot 1 to a point of intersection with the southerly
line of Lot 2 of Alvin Haas Place; Thence southwesterly along the southerly line of
Lot 1 and Lot 2 of Alvin Haas Place and the southerly line of the Westerly 40 feet of
Lot 3 of Quigley's Subdivision of Out Lot 710 to the most easterly corner of Lot 24
of Quigley's Subdivision of Out Lot 710; Thence westerly along the southerly bound-
ary of Lots 4 through Lots 15 of Quigley's Subdivision Out Lot 710 and the southerly
line of Lots 9A, 10 and 11 of Quigley's Subdivision Out Lot 711 to a point of inter-
section with the easterly right of way line of Pierce Street; Thence northerly along
said easterly right of way line and extension thereof to a point of intersection with
the northerly right of way line of W. Locust Street; Thence easterly along said nor-
therly right of way line to the easterly right of way line of Foye Street; Thence nor-
therly along said easterly right of way line to a point of intersection with the southerly
right of way line of a public alley lying between Almond and W. Locust Sts.; Thence
easterly along said southerly right of way line to a point of intersection with the west-
erly right of way line of Ellis Street; Thence southeasterly along said westerly right
of way line to a point of intersection with the northerly right of way line of W. Locust
Street; Thence southeasterly crossing Ellis St. to a point of intersection with the
easterly right of way line of Ellis St. at the southerly right of way line of Dorgan Place;
Thence easterly along said southerly right of way line of Dorgan Place to the north-
east corner of Lot 1A of Dorgan's Subdivision No. 2; Thence easterly crossing Dor-
gan Place to the southwest corner of Lot 5-2 of City Lot 673; Thence northerly along
50
the westerly line of said Lot 5-2 to the northwest corner thereof; Thence easterly
along the northerly line of said Lot 5-2 to a point of intersection with the westerly
right of way line of Madison Street; Thence easterly crossing Madison St. to the
most westerly corner of Lot A-2-1 of City Lot 674, said point being on the easterly
right of way line of Madison St. Thence easterly along the northerly line of said Lot
A-2-1 to a point of intersection with the easterly right of way line of Main Street;
Thence northerly along said easterly right of way line to the northwest corner of Lot
2-1 of City Lot 674; Thence easterly and continuing northeasterly along the northerly
lines of Lot 2-1 , Lot 2-2, Lot 2-1-3, Lot 1-2-3 all of the subdivision of City Lot 674 to
a point of intersection with the westerly line of Lot 4 of City Lot 674; Thence north-
westerly along said westerly line to a point of intersection with the southerly line of
Lot 1-1-2 of Duncan's Subdivision; Thence northeasterly along said southerly line
and southerly line of Lot 1 and Lot 2 of M. A. Rebman's Subdivision and extension
thereof to a point of intersection with the easterly right of way line of Heeb Street;
Thence northwesterly along said easterly right of way line to a point of intersection
with the northerly right of way line of Clarke Drive; Thence northwesterly along said
northerly right of way line to a point of intersection with the easterly right of way line
of Heeb Street lying between Central Avenue and Shelby Street; Thence northwest-
erly along said easterly right of way line to a point of intersection with the southerly
right of way line of Kaufmann Avenue; Thence easterly along said southerly right of
way line to a point of intersection with the southerly extension of the easterly right
of way line of a public alley lying between Central Ave. and Francis Street; Thence
northwesterly along said easterly right of way line to a point of intersection with the
southerly right of way line of W. 23rd Street; Thence southwesterly along said south-
erly right of way line to the northwest corner of the East One-Half of Lot 11 of Tivoli
Addition; Thence northwesterly crossing W. 23rd St. to the southwesterly corner of
Lot 1 of Valeria Place No. 2; Thence northwesterly along the westerly line of said
Lot 1 to a point of intersection with the southerly line of Lot 2 of said Valeria Sub.
No. 2; Thence southwesterly along the southerly line of said Lot 2 to the southwest
corner thereof; Thence northwesterly along the westerly line of said Lot 2 to a point
of intersection with the southerly line of Lot 2-1 of Valeria Place; Thence northeast-
erly along said southerly line to the southeasterly corner of said Lot 2-1 ; Thence
northwesterly along the easterly line of said Lot 2-1 the northeast corner thereof,
said point also being the southeasterly right of way line of Carr St.; Thence north-
westerly along the easterly right of way line of Carr St. to a point of intersection with
the southerly right of way line of W. 24th Street; Thence northeasterly along said
southerly right of way line to a point of intersection with the southerly extension of
the easterly right of way line of Division Street; Thence northwesterly along said
easterly right of way line to the northwest corner of Lot 8 of Wullweber's Subdivision;
Thence southwesterly along the southerly line of John King's Subdivision to the
southwest corner of the West 33.98 feet of Lot 1 -6 of John King's Subdivision;
Thence northwesterly along the westerly line of the West 33.98 feet of Lot 1 -6 of
John King's Subdivision to the northwest corner thereof; Thence northeasterly along
the northerly line of said West 33.98 feet to the southwest corner of Lot 1 of the East
329.98 feet of Lot 8 of John King's Subdivision; Thence northwesterly along the
westerly line of said Lot 1 to a point of intersection with the southerly line of the
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NE1/4 of said Lot 8; Thence southwesterly along said southerly line to the southwest
corner of said NE1/4 of Lot 8; Thence northwesterly along the westerly lines of the
NE1/4 of Lot 8, the SE1/4 of Lot 10, the NE1/4 Lot 10 and the E1/2 of Lot 12 all in
John King's Subdivision to the northwest corner of said E1/2 of Lot 12; Thence
northeasterly along the northerly line of said El/2 of Lot 12 to the southwest corner
of Lot 1-1-1 of the E1/2 of Lot 14 in John King's Subdivision; Thence northwesterly
along the westerly lines of Lot 1-1-1 of the E1/2 of Lot 14 John King's Subdivision
to the northwest corner thereof; Thence northeasterly along the northerly line of said
Lot 1-1-1 to a point of intersection with the westerly right of way line of Central Ave-
nue; Thence northeasterly crossing Central Avenue to a point of intersection of the
easterly right of way line of Central Avenue and the northerly right of way line of E.
25th Street; Thence northeasterly along said northerly right of way line and extension
thereof to a point of intersection with the easterly right of way line of Elm Street;
Thence southeasterly along said easterly right of way line to a point of intersection
with the northerly right of way line of E. 24th Street; Thence northeasterly along said
northerly right of way line and extension thereof to a point of intersection with the
easterly right of way line of Windsor Avenue; Thence southeasterly along said east-
erly right of way line to a point of intersection with the northerly right of way line of
E. 22nd Street; Thence northeasterly along said northerly right of way line to a point
of intersection with the westerly right of way line of Stafford Street; Thence north-
easterly crossing Stafford Street to a point of intersection of the easterly right of way
line of Stafford Street and the northerly right of way line of Thomas Place; Thence
southeasterly along said easterly right of way line of Stafford Street and extension
thereof to a point of intersection with the southerly right of way line of Garfield Ave-
nue; Thence southwesterly along said southerly right of way line to a point of inter-
section with the centerline of Stafford Street extended southeasterly; Thence south-
easterly along the centerline of Stafford Street extended to a point of intersection
with the northwesterly line of Lot 2-2 of Kerper Industrial Park; Thence southwesterly
along said northwesterly line of Lot 1-2 of Kerper Industrial Park to the northernmost
point of Lot 1 of Kerper Industrial Park; Thence southwesterly along the westerly
line of said Lot 1 to a point of intersection with the northerly right of way line of E.
16th Street; Thence southwesterly along said northerly right of way line to the east-
erly right of way line of Pine Street; Thence southeasterly crossing E. 16th Street
along said easterly right of way of Pine St. extended to a point of intersection with
the southerly right of way line of E. 16th St.; Thence southwesterly along said south-
erly right of way line to a point of intersection with the easterly right of way line of
Elm Street; Thence southeasterly along said easterly right of way line to a point of
intersection with the northerly right of way line of E. 15th Street; Thence southwest-
erly along said northerly right of way line to a point of intersection with the westerly
right of way line of Elm Street; Thence southeasterly along said westerly right of way
of Elm Street and extension thereof to a point of intersection with the centerline of
E. 12th Street; Thence southwesterly along the said centerline of E. 12th Street to a
point of intersection with the centerline of White Street; Thence southeasterly along
said centerline of White Street to a point of interjection with the centerline of E. 11th
Street; Thence southwesterly along said centerline of E. 11th Street to a point of
intersection with the centerline of Central Avenue; Thence northwesterly along said
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centerline of Central Avenue to a point of intersection with the centerline of Loras
Boulevard, said point being the point of beginning.
(p) Industrial Harbor Subarea of the district shall include that area generally
bounded by the following description: Commencing as a point of reference at the
intersection of the centerline of E. 12th Street and the westerly right of way of Elm
Street extended southeasterly, in the City of Dubuque, Dubuque County, Iowa, said
point being the point of beginning; Thence northwesterly along said westerly right of
way line of Elm Street and extension thereof to a point of intersection with the nor-
therly right of way line of E. Fifteenth Street; Thence northeasterly along said nor-
therly right of way line to a point of intersection with the westerly right of way line of
a public alley lying between Pine Street and Maple Street; Thence northwesterly
along said westerly right of way line to the northeast corner of the North 35 feet of
Lot 255 in East Dubuque Addition # 2; Thence southwesterly along the northwest-
erly line of said Lot to a point of intersection with the easterly right of way line of Pine
Street; Thence northwesterly along said easterly right of way line and extension
thereof to the northerly right of way line of E. 16th Street; Thence northeasterly along
said northerly right of way line to the southwest corner of Lot 1 of Kerper Industrial
Park; Thence northwesterly and continuing northeasterly along the westerly line of
said Lot 1 to the most northerly corner thereof; Thence southwesterly along the
westerly lines of Lot 1-2 and Lot 2A of Kerper Industrial Park to the southwest corner
of said Lot 2A; Thence northeasterly along the southerly line of said Lot 2A to the
southeast corner thereof; Thence northwesterly along the easterly line of said Lot
2A to the southwest corner of Lot 6 of Kerper Industrial Park; Thence northeasterly
along the southerly line of said Lot 6 to the southeast corner thereof; Thence north-
westerly along the easterly line of said Lot 6 to the northeast corner thereof and
point of intersection with the southerly right of way line of Kerper Court; Thence
northeasterly along said southerly right of way line and extension thereof to a point
of intersection with the centerline of Kerper Blvd; Thence northwesterly along said
centerline to a point of intersection with the northerly line of Lot 3 of Kerper Industrial
Park extended easterly; Thence northwesterly along said extended line to the north-
east corner of said Lot 3, said point also being on the westerly right of way line of
Kerper Blvd.; Thence northerly along said right of way line to a point of intersection
with the northeasterly right of way line of Fengler St.; Thence southeasterly along
the extension of said northeasterly right of way line crossing Kerper Blvd. to a point
of intersection with the westerly line of Lot 1A of Block 7 River Front Subdivision No.
3, said point being on the easterly right of way line of Kerper Blvd.; Thence south-
easterly along said easterly right of way line to a point of intersection with the nor-
therly right of way line of E. 16th Street; Thence southeasterly crossing E. 16th Street
to a point of intersection of the south right of way line of E. 16th St. and the east right
of way line of Kerper Blvd.; Thence northeasterly along the southerly right of way
line of E. 16th St. to a point of intersection with the westerly shore of Peosta Channel;
Thence southeasterly continuing along the westerly shore of Mississippi River adja-
cent to the following: Kerper Blvd., River Front Subdivision No. 2, Part of Govern-
ment Lot 3, Section 19, T89N, R3E, 5th P.M., Parts of Congressional Lot 8 in Section
19, T89N, R3E, 5th P.M., Dubuque Harbor Improvement Company's Addition, and
River Front Subdivision No. 1 , to a point of intersection with the northerly line of Ice
53
Harbor Urban Renewal Subarea B, described as "that area generally bounded on
the north and west by the Chicago, Central and Pacific Railroad right-of-way, on the
south by the northerly boundary of Subarea A and on the east by the municipal limits
of the City of Dubuque including any adjoining public right-of-way; Thence north-
westerly and continuing southwesterly along the northerly and westerly sides of Ice
Harbor Urban Renewal District Subarea B to a point of intersection with the south-
erly right of way line of E. 4th street; Thence southwesterly along said southerly right
of way line to a point of intersection with the centerline of U.S. Highways 61/151 ;
Thence northeasterly along said centerline to a point of intersection with the center-
line of E. 12th Street; Thence southwesterly along said centerline to a point of inter-
section with the westerly right of way line of Elm St. extended, said point being the
point of beginning; Excepting therefrom, the East 7th Street Subarea.
(q) East 7th Street Subarea of the district shall include the following described
properties: Block 13 Lot 1 of Lot 4, Lot 1 of Lot 5, Lot 1 of Lot 6, and Lots 7, 8, 9, 10,
11 , 12, 13 and 14; and Block 16 Lots 1 , 2, 3, 4 and 5; and Block 17 Lots A, B, C, D,
E, F, Lots 1 , 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 , 12, 13, 14, and 15, Lot 1 of Lot 16, Lot 1 of
Lot 1 of Lot 17, Lot 2 of Lot 1 of Lot 18, Lot 2 of Lot 20, Lot 2 of Lot 21 , Lot 2 of Lot
22, Lot 2 of Lot 23, Lot 2 of Lot 24, Lot 2 of Lot 25, Lot 2 of Lot 26, Lot 2 of Lot 27,
Lot 3 of Lot 28, Lot 3 of Lot 29,Lot 3 of Lot 30, Lot 3 of Lot 31 , Lot 3 of Lot 32, all in
the Dubuque Harbor Improvement Co.'s Addition, Township 89 North, Range 3 East
of the 5th P.M., Dubuque County, Iowa and any adjoining public right-of-way.
(r) Chaplain Schmitt Subarea of the district shall include the following described
properties: All of that part of the City of Dubuque lying easterly of the Peosta Chan-
nel also known as Chaplain Schmitt Island and the area lying east of the easterly
right of way line of Kerper Boulevard between the centerline of U.S. Highway 61/151
and the southerly right of way line of E. 16th Street in Sections 17, 18, 19 and 20,
T89N, R3E, 5th P.M. in the City of Dubuque, Dubuque County, Iowa.
(s) North Kerper Boulevard of the district shall include that area generally
bounded by the following description: Commencing as a point of reference at the
point of intersection of the centerline of U.S. Highways 61 and 151 with the easterly
right of way line of Kerper Boulevard in the City of Dubuque, Dubuque County, Iowa,
said point being the point of beginning; Thence northwesterly along the easterly right
of way line of Kerper Boulevard to a point of intersection with the northeasterly right
of way line of Fengler Street extended; Thence northwesterly along said line cross-
ing Kerper Boulevard right of way to the southerly most corner of Lot 1 , Block 19
River Front Subdivision No. 3; Thence southeasterly crossing Fengler Street right
of way to the northeast corner of Lot 3 of River Front Subdivision No. 4, said point
being a point of intersection of the southwesterly right of way line of Fengler Street
with the westerly right of way line of Kerper Boulevard; Thence continuing south-
easterly along said westerly right of way line of Kerper Boulevard to the northeast
corner of Lot 3 of Kerper Industrial Park; Thence westerly and northwesterly along
to north line of said Lot 3 to a point of intersection with the westerly line of Kerper
Industrial Park; Thence northeasterly along said westerly line to the northwest cor-
ner of Kerper Industrial Park; Thence southeasterly along the northerly line of Kerper
Industrial Park to the southwest corner of Lot 1 of Lot 2 of Lot 20 of Jaeger's Subdi-
vision, said point being on the southeasterly right of way line of Peosta Street;
54
Thence northeasterly along said right of way line to a point of intersection with the
southerly line of Lot 2 of Giese Subdivision; Thence southwesterly along said south-
erly line to the southeast corner of Lot 2 of 19 of Jaeger's Subdivision; Thence north-
easterly along the easterly line of said Lot 2 of 19 to the northeast corner of said Lot
2 of 19, said point also being on the westerly boundary of Block 19 of River Front
Subdivision No. 3; Thence northeasterly along said westerly boundary to the north-
west corner of Block 18, River Front Subdivision No. 3; Thence continuing north-
easterly along the westerly boundary of Block 18 and Block 17 of River Front Sub-
division No. 3 to a point of intersection with the southwesterly corner of Lot 1 of part
of Lot 8 in McCraney's First Addition; Thence continuing northeasterly along the
westerly lines of Lot 1 of part of Lot 8, Lot 1 of part of Lot 7, Lot 1 of Lot 2 of part of
Lot 6, Lot 1 of part of Lot 6, Lot 1 of part of Lot 5, Lot 1 of part of Lot 4, Lot 1 of part
of Lot 3, Lot 1 of part of Lot 2, the East 25 feet of part of vacated Marshall St., and
Lot 2 of Lot 2 of Lot 1 all in McCraney's First Addition to the southwest corner of Lot
1 of Lot 2 of part of Lot 115 in Ham's Addition; Thence northeasterly along the west-
erly lines of Lot 1 of Lot 2 of part of Lot 115 and Lot 1 of part of Lot 114 all in Ham's
Addition to the most westerly corner of Lot 1 of Bradley Place; Thence northeasterly
along the westerly lines of Lot 1 and Lot 2 of Bradley Place to the most westerly
corner of Lot 1 Block 15 of River Front Subdivision No. 3; Thence northeasterly
along the northwesterly line of said Lot 1 Block 15 and continuing along the north-
westerly line of Lot 2 of said Block 15 to the most westerly corner of Lot 2 of In-
Futuro Subdivision No. 1 ; Thence continuing northeasterly along the northwesterly
line of In-Futuro Subdivision No. 1 and continuing along the northwesterly line of
Lots 1 and 2 of Reid! Place to the southwest corner of Lot 1 of Block 14 of River
Front Subdivision No. 3; Thence northeasterly along the northwesterly line of said
Block 14 to the most westerly corner of Block 13 of River Front Subdivision No. 3;
Thence continuing northeasterly along the northwesterly line of Blocks 13, 12, 11 ,
10 and 9 to the northerly most corner of Lot 1 Block 9 River Front Subdivision No.
3; Thence continuing northeasterly along the northwesterly line of Lot 2 and Lot 2A,
Block 9 River Front Subdivision No. 3 to the northerly most corner of said Lot 2A;
Thence southeasterly along the northeasterly line of said Lot 2A to the northeast
corner of said lot; Thence southwesterly along the southeasterly line of said Lot 2A
to the most westerly corner of Lot 178 of Ham's Addition; Thence southeasterly
along the southwesterly lines of Lots 178 and 59 of Ham's Addition to the southerly
most corner of said Lot 59, said point also being the point of intersection of the
northeasterly right of way line of Farragut Street with the northwesterly right of way
line of Kerper Boulevard; Thence northeasterly along said Kerper Boulevard right of
way line and extension thereof to a point of intersection with the northeasterly right
of way line of Hawthorne Street; Thence southeasterly along the northeasterly and
easterly right of way line of Hawthorne Street and Hawthorne Street Extension to a
point of intersection with the southwesterly right of way line of Lake Street; Thence
southwesterly and northwesterly along said right of way line of Lake Street to a point
of intersection with the southerly right of way line of Harbor Street; Thence south-
westerly along said Harbor Street right of way line to the northeast corner of Lot 1
Block 4 River Front Subdivision No. 3; Thence southeasterly along the northeasterly
line of said Lot 1 and continuing along the northeasterly line of Lot 1 Block 3 of River
55
Front Subdivision No. 3 to the most easterly corner thereof; Thence southwesterly
along the southeasterly line of said Lot 1 Block 3 to the easterly most corner of Block
1 of River Front Subdivision No. 5; Thence southwesterly along the southeasterly
line of said Block 1 River Front Subdivision No. 5 to the northerly right of way line of
Hamilton Street Extension; Thence southwesterly crossing Hamilton Street Exten-
sion right of way to the easterly most corner of Lot 2 of 3 of 1 Block 5 River Front
Subdivision No. 3; Thence continuing southwesterly along the original easterly
boundary line of Blocks 5, 6 and 7 of River Front Subdivision No. 3, to the southerly
most corner of Lot 2 of said Block 7, said point being the northeast corner of Lake
Peosta Subdivision; Thence southerly along the easterly line of Lake Peosta Subdi-
vision to a point of intersection with the centerline of U.S. Highways 61 and 151 ;
Thence southwesterly along said centerline to a point of intersection with the east-
erly right of way line of Kerper Boulevard, said point of being the point of beginning;
Excepting therefrom the Quebecor Economic Development District described as Lot
1 of McGraw-Hill, Key City Plating Replat in the City of Dubuque, Dubuque County,
Iowa, and any adjoining public rights of way.
(t) Quebecor Subarea of the district shall include the following described proper-
ties: Lot 1 of McGraw-Hill, Key City Plating Replat in the City of Dubuque, Dubuque
County, Iowa, and any adjoining public rights of way.
(u) Harrison Street Subarea of the district shall include the following described
properties: Lot 1 and Lot 2 of Harrison Street Place No. 2, Lot 1 and Lot 2 of Harrison
Street Place No. 4, and Lot 1 of Harrison Street Place No. 5 all in the City of Dubu-
que, Dubuque County, Iowa and any adjoining public rights of way.
(v) Holy Ghost Subarea of the district shall include the following described prop-
erties: Lot 1 of 1 and 2 of 1 of Paragon Square in the City of Dubuque, Dubuque
County, Iowa; and also including the public right of way of Central Avenue abutting
thereto; and
Lot 1 , Lot 2, Lot 1 of 3, Lot 2 of 3, and Lot 4 all of" Dunn's Subdivision"; and Lot
2 of Lot 1 of Lot 2 of Lot 1 of Lot 18 of"John King's Dubuque"; in the City of Dubuque,
Iowa; and
A part of Central Avenue right of way described as follows:
Commencing at the southeasterly corner of Lot 2-1 of Paragon Square; thence
southeasterly along the westerly right of way line of Central Avenue a distance of
approximately 2,655 feet to the northeasterly corner of Lot 1 of Lot 1 of Lot 1 of the
East Half of Lot 14 in John King's Dubuque; thence northeasterly crossing Central
Avenue to a point of intersection with the easterly right of way line of Central Avenue
and the northerly right of way line of East 25th Street; thence northwesterly along
the easterly right of way line of Central Avenue approximately 2,673 feet to a point
of intersection with said easterly right of way line and the easterly extension of the
south line of Lot 2-1 of Paragon Square; thence southwesterly crossing Central Av-
enue to the Point of Beginning.
(w) Almond Street Subarea of the district shall include the following described
properties: Commencing at the intersection of the easterly right of way of Foye
Street and the southerly right of way line of the public alley lying between Almond
Street and West Locust Street; thence easterly along said southerly right of way line
to a point of intersection with the westerly right of way line of Ellis Street; thence
56
northwesterly along said westerly right of way line to the northeast corner of Lot 53
in Cox's Addition; thence northerly along the east line of that part of the vacated
alley adjacent to Lots 53 and 54 in Cox's Addition approximately 20 feet to the north-
easterly corner thereof; thence westerly along the north line of said vacated alley
adjacent to said Lots 53 and 54 approximately 78 feet to the northwest corner
thereof; thence southerly along the west line of said vacated alley adjacent to said
Lots 53 and 54 approximately 20 feet to the southwest corner thereof and the north-
easterly corner of Lot 55 in Cox's addition; thence easterly along the north line of
Lots 55 thru 66 in Cox's addition to the northwest corner of Lot 66 in Cox's Addition;
thence southerly along the west line of said Lot 66 to a point of intersection with the
northerly line of Lot 11 in Buettel's Subdivision; thence west along the north line of
Lot 11 , Lot 2-10 and Lot 1-10 of Buettel's Subdivision to a point of intersection with
the easterly right of way line of Foye Street; thence southerly along said easterly
right of way line to the Point of Beginning.
(x) North End Subarea of the district shall include the following described proper-
ties:
Beginning at the intersection of the easterly right of way line of Elm Street and
the northerly right of way line of East 25th Street; thence northerly along the easterly
right of way line of Elm Street to the southerly right of way line of East 26th Street;
thence northerly across the East 26th Street right of way to the southwest corner of
Lot 283 of Glendale Addition No. 3; thence northwesterly along the westerly lines of
Lots 283 to 294, inclusive, of Glendale Addition No. 3 to the southerly right of way
line of East 27th Street; thence northerly across the East 27th Street right of way to
the southwest corner of Lot 210 of Glendale Addition; thence northwesterly along
the westerly lines of Lots 210 to 221 , inclusive, of Glendale Addition to the southerly
right of way of East 28th Street; thence northerly across the East 28th Street right of
way to the southwest corner of Lot 134 of Glendale Addition No. 2; thence north-
westerly along the westerly lines of Lots 134 to 140, inclusive, of Glendale Addition
No. 2, and Lots 1 , 2, and 3 of Glendale Addition No. 4, and Lot 145 Glendale Addition
No. 2 to the southerly right of way line of East 29th Street; thence northerly across
the East 29th Street right of way to the southwest corner of Lot 61 of Glendale Addi-
tion; thence northwesterly along the westerly lines of Lots 61 to 72, inclusive, of
Glendale Addition to the southerly right of way line of East 30th Street; thence nor-
therly across the East 30th Street right of way to the to the southeast corner of a Part
of Lot 8 of Mineral Lot 322 as shown on the Final Plat of Liebe's Subdivision No. 3,
also being a point on the westerly line of Lot 1 -2-1 of Becker Place, also being a
point on the northerly right of way of East 30th Street; thence southwesterly along
the northerly right of way of East 30th Street to a point on the easterly right of way of
Central Avenue; thence southeasterly along the easterly right of way line of Central
Avenue to the northerly line of East 25th Street; thence northeasterly along the nor-
therly line of East 25th Street to the point of beginning; and
Beginning at the intersection of the northerly right of way line of Diagonal Street
and the westerly right of way line of Central Avenue; thence southerly along the
westerly right of way line of Central Avenue to the northeast corner of Lot 1 of Lot 1
of Lot 1 of the East Half of Lot 14 in John King's Dubuque; thence southwesterly
along the northerly line of said Lot 1 of Lot 1 of Lot 1 of the East Half of Lot 14 of
57
John King's Dubuque to the northwest corner thereof, thence southeasterly along
the west line of said Lot 1 of Lot 1 of Lot 1 of the East Half of Lot 14 of John King's
Dubuque to the southwest corner thereof; thence southwesterly along the southerly
line of the East Half of John King's Dubuque to the southwest corner thereof; thence
southeasterly along the east lines of the West Half of Lots 12, 10, and Northwest
Quarter of 8 of John King's Dubuque to the southeast corner of the Northwest Quar-
ter of Lot 8 of John King's Dubuque; thence northeasterly along the northerly line of
Lot 2 of the East 329.98' of the Southwest Half of Lot 8 of John King's Dubuque to
the northeast corner of said lot; thence southeasterly along the easterly line of said
lot to the southeast corner of said lot; thence southwesterly along the southerly line
of said lot to the northeast corner of Lot 2 of Lot 6 of John King's Dubuque; thence
southeasterly along the easterly lines of Lot 2 of Lot 6 and Lot 3 of Lot 6 of John
King's Dubuque to the southeast corner of said Lot 3 of Lot 6; thence northeasterly
along the southerly line of the Lot 6 of John King's Dubuque to the easterly right of
way line of Division Street; thence southeasterly along the easterly line of Division
Street and its southerly extension to the southerly right of way line of West 24th
Street; thence southwesterly along the southerly right of way line of West 24th Street
to the easterly right of way line of Carr Street; thence southeasterly along the east-
erly right of way line of Carr Street to the easterly extension of the north line of Lot
2 of Brewery Addition; thence southwesterly along the northerly line of Lot 2 of Brew-
ery Addition to the southeast corner of Lot 6 of Gerald Scherrer Subdivision; thence
northwesterly along the easterly line of Lot 6 of Gerald Scherrer Subdivision to the
northeast corner of Lot 6 of Gerald Scherrer Subdivision and a point on the westerly
right of way line of Broadway Street; thence northwesterly along the westerly right
of way line of Broadway Street to the westerly extension of the northerly right of way
line of Diagonal Street; thence southeasterly along said right of way and extension
to the point of beginning; and
Lot 1-239 of Davis Farm Addition and Lot 1-1-5 of Kiene & Altman's Subdivision;
and
Lots 1-4 & 2-1-5 of Kiene & Altmans Subdivision; and
Lot 1-2 And 1-3 of Kiene & Altmans Subdivision; and
Lot 1-1 of Kiene & Altman's Subdivision; and
Lot 1-1-1-241 of Davis Farm Addition; and
Lot 2-1-1-241 & Lot 1-242 of Davis Farm Addition; and
Lot 1-243 of Davis Farm Addition; and
Lot 1-1-244 of Davis Farm Addition; and
The South 26' of Lot 245 Davis Farm Addition; and
The North 34' of Lot 245 Davis Farm Addition; and
The East 1/2 of Lot 246 Davis Farm Addition; and
The West 1/2 of Lot 246 Davis Farm Addition; and
Lot 247 of Davis Farm Addition; and
Lot 248 of Davis Farm Addition; and
Lot 249 of Davis Farm Addition; and
The East 1/2 of Lot 250 of Davis Farm Addition; and
The West 1/2 of Lot 250 of Davis Farm Addition; and
Lot 251 and the South 1/2 of Lot 252, of Davis Farm Addition; and
58
Lot 253 and the North 1/2 of Lot 252, of Davis Farm Addition; and
Lot 254 of Davis Farm Addition; and
Lot 255 of Davis Farm Addition; and
The South 1/2 of Lot 256 of Davis Farm Addition; and
The South 31 .3' of the North 1/2 of Lot 256 of Davis Farm Addition; and
The North 28.7' of the North 1/2 of Lot 256 of Davis Farm Addition; and
Lot 257 of Davis Farm Addition; and
Lot 258 of Davis Farm Addition; and
Lot 259 of Davis Farm Addition; and
Lot 260 of Davis Farm Addition; and
Lot 261 of Davis Farm Addition; and
Lot 262 of Davis Farm Addition; and
The South 23.5' of The East 112' of Lot 263 of Davis Farm Addition; and
The East 114' of the North 36'6" of Lot 263 of Davis Farm Addition, and also
including the Public Right of Way of West 28th Street abutting thereto; and
The North 36.5' and South 23.5' of the West 114' of Lot 263 of Davis Farm Addi-
tion, and also including the Public Right of Way of West 28th Street abutting thereto;
and
Lot 2-265 of Davis Farm Addition, and also including the Public Right of Way of
West 28th Street abutting thereto; and
Lot 1-265 of Davis Farm Addition, and also including the Public Right of Way of
West 28th Street abutting thereto; and
Lot 2-1 of G R West's Addition and Lot 1-266 of Davis Farm Addition; and
Lot 2-1-1 of G R West's Addition; and
Lot 1-1-1 of G R Wests Addition and Lot 2-266 of Davis Farm Addition; and
The South 39'6" of Lot 2 of G R West's Dubuque; and
The North 20.5' of Lot 2 & and the South 3' of Lot 3 of G R West's Addition; and
Lot 2 of the North 57' of Lot 3 of G R Wests Addition; and
Lot 1 of the North 57' of Lot 3 of G R West's Addition; and
Lot 4 of G.R. West Addition; and
Lot 2 of Paragon Square; and
Lot 2-3 and 2-4 McDaniel's Park Hill, and Lots 8 and 1-9 of G.R. West's Addition;
and
Lot 2-9 of G R West's Addition; and
Lots 10, the West 310' of the North 65' of Lot 2 -11 , and the South 55' of Lot 2-
11 , all in G R West's Addition; and
Lot 1 of 11 and the East 20' of the North 65' of Lot 2 of G R West's Addition; and
All that part of the Central Avenue right of way lying south of the northerly right of
way line of West 30th Street and north of the easterly extension of the northerly line
of Lot 1 of 1 of Paragon Square; and
All that part of the West 30th Street right of way lying west of the easterly right of
way line of Central Avenue.
All in the City of Dubuque, Dubuque County, Iowa.
(y) University Avenue Corridor Subarea of the district shall include the following
described properties:
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All that part of the Pennsylvania Avenue right of way lying north of the northerly
right of way line of University Avenue and lying south of the northerly extension of
the westerly line of Lot 2-1-1-1-1-2-1 of Mineral Lot 256; and
All that part of the University Avenue right of way lying east of the southerly ex-
tension of the west line of Lot 1-137 of Finley Waples and Burton Addition, and lying
west of the southerly extension of the westerly line of Lot 2 of Lot 12 of Central
Addition; and
All that part of the 9th Street right of way lying south of the centerline of 9th Street,
lying east of the southerly extension of the westerly line of Lot 2 of Lot 12 of Central
Addition, and lying west of the northerly extension of the westerly line of Lot 1 of the
Subdivision of City Lot 688 and Part of City Lot 654; and
All that part of the Finley Street right of way lying south of the southerly right of
way line of University Avenue and lying north of the westerly extension of the south
line of the Northwest 95' of Lot 19 of Finley Waples and Burton Addition; and;
All that part of the Asbury Road right of way lying north of the northerly right of
way line of University Avenue and lying south of the easterly extension of the south-
erly line of the East 100' feet of Lot 159 of Finley Addition; and
All that part of the Irving Street right of way lying north of the northerly right of
way line of University Avenue and lying south of the easterly extension of the nor-
therly line of Lot 2 of Lot 2 of Lot 1 of Lot 1 of lot 1 of Lot 14 of Mineral Lot 172; and
All that part of the Loras Boulevard right of way lying east of the northerly right of
way line of University Avenue and lying west of a line connecting the northeast cor-
ner of Lot 2-3-13 of Mineral Lot 172 and the southeast corner of Lot 1-249 of Wood-
lawn Park Addition; and
All that part of the Delhi Street right of way lying south of the southerly right of
way line of University Avenue and lying north of the southerly extension of the east-
erly line of Lot 2-1 of Schwind's Place; and
All that part of the North Grandview Avenue right of way lying south of the easterly
extension of the south line of Lot 7 of Tschirgi and Schwind's Subdivision and lying
north of the northerly right of way line of University Avenue; and
All that part of the North Grandview Avenue right of way lying south of the south-
erly right of way line of University Avenue and lying north of a line parallel to and
150' south of the southerly right of way line of University Avenue; and
All that part of the McCormick Street right of way lying south of the southerly right
of way line of University Avenue and lying north of the easterly extension of the
south line of Lot 1 of Herbst's Subdivision; and
Lot 1-137 of Finley Waples & Burton's Addition; and
Lot 1-136 and 2-137 of Finley Waples & Burton's Addition; and
Lot 1-232 of Finley Addition; and
Lot 229 of Finley Addition; and
Lot 130 of Finley Waples & Burton's Addition; and
Lot 131 of Finley Waples & Burton's Addition; and
Lot 132 of Finley Waples & Burton's Addition; and
Lot 133 of Finley Waples & Burton's Addition; and
The Northwest 95' of Lot 19 of Finley Waples & Burton's Addition; and
The North 95' of Lot 18 of Finley Waples & Burton's Addition; and
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Lot 17 of Finley Waples & Burton's Addition; and
The Northwest 25' of Lot 2 of Finley Addition, and all adjacent Alley right of way;
and
The Southeast 41' of Lot 2 in Finley Addition, and all adjacent Alley right of way;
and
Lot 1-1 and 2-lin Finley Addition, and all adjacent Alley right of way; and
Lot 1 of Mineral Lot 170, and all adjacent Alley right of way; and
Lot 4, 1-3, 2-3, 2-2 and 1-2, all in Mineral Lot 170 and all adjacent Alley right of
way; and
Lot 5 and Lot 2-6 of Mineral Lot 170; and
Lot 1-6 and 2-7 of Mineral Lot 170 and Lot 2-2-1-1-1-14 of Mineral Lot 172; and
The West 2' of Lot 1 of the Subdivision of Lot 13 of Mineral Lot 172 and Lot 2-13
of Mineral Lot 172 and Lot 2 Mabel's Subdivision; and
The East 58' of Lot 1 of Lot 13 of Mineral Lot 172, and Lot 2 of Lot 3-13 of Mineral
Lot 172, and Lot 2A of Lot 1-4-13 of Mineral Lot 172; and
Lot 2-8 of City Lot 703 and Lot 2-2-9 of City Lot 703; and
Lot 1 of Herbst's Subdivision; and
Lot 1-1 and Lot 2-1 of Schwind's Place.
All in the City of Dubuque, Dubuque County, Iowa.
(z) West Locust Corridor Subarea of the district shall include the following de-
scribed properties:
All that part of the West Locust Street right of way lying east of the southerly
extension of the westerly line of Lot 2-1-1-1-1-2 of Clarke College Place and lying
west of the northerly extension of the easterly right of way line of Pierce Street; and
All that part of the Pierce Street right of way lying south of the southerly right of
way line of West Locust Street and lying north of the easterly extension of Lot 1 of
Lot 1 of Connolly's Subdivision; and
All that part of the Kirkwood Street right of way lying south of the southerly right
of way line of West Locust Street and lying north of the northerly extension of the
west line of Lot 5 of Union Avenue Subdivision; and
All that part of the right of way of the alley lying adjacent to and east of Kingdom
Hall Place and Lot 1 of the West 1074' of Lot 64 in Littleton and Sawyer's Addition,
lying north of the northerly right of way of West Locust Street and lying south of the
easterly extension of the northerly line of Lot 1 of the West 1074' of Lot 64 in Littleton
and Sawyer's addition; and
All that part of the Rosedale Avenue right of way lying south of the southerly line
of West Locust Street and lying north of the easterly extension of the southerly line
of Lot 42 of Wm. Blake's Addition; and
All that part of the right of way of the alley lying adjacent to and east of Lot 2-12B
of Wood's Addition, lying south of the easterly right of way of Rosedale Avenue and
lying north of the easterly extension of the southerly line of said Lot 2-12B; and
All that part of the Alta Vista Street right of way lying south of Lot 24D of A. P.
Wood's Addition and lying north of the easterly extension of the southerly line of Lot
20 of A. P. Wood's Addition; and
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All that part of the Williams Street right of way lying east of the easterly right of
way line of Alta Vista Street and lying west of westerly right of way line of Blake
Street; and
All that part of the north half of the Bellevue Street right of way lying east of the
easterly right of way line of Alta Vista Street and lying west of the westerly right of
way line of Blake Street; and
All that part of the Blake Street right of way lying south of the southerly right of
way line of West Locust Street and lying north of the westerly extension of the cen-
terline of Vacated Bellevue Street adjacent to Lot 90 in A. P. Woods Addition; and
Lot 5 and East 10' of Lot 4 Ellen Blake's Subdivision; and
The South150' of the West 40' of Lot 4 Ellen Blake's Subdivision; and
The North 170' of the West 40' of Lot 4 Ellen Blake's Subdivision; and
Lot 3 of Ellen Blake's Subdivision; and
Lot 2 of Ellen Blake's Subdivision; and
Lot 1 of Ellen Blake's Subdivision; and
The East 235' of Lot 64 of Littleton & Sawyer's and Lot 2 of Mineral Lot 93A and
the Balance of Lot 2 of Mineral Lot 95; and
All of Kingdom Hall Place; and
Lot 1 of the West 1074' of Lot 64 of Littleton & Sawyer's Addition; and
Lot 2-1-1-1 and Lot 1-2-1-1 of Wm. Blake's Addition, and Lot 2 & Lot 2-1 of Part
of Mineral Lot 184; and
Lot 1-1-1-1 and Lot 2-2-1-1 of Wm. Blake's Addition; and
Lot 2 and Lot 2-1 of Wm. Blake's Addition; and
Lots 1-3 and Lot 2-4 of Wm. Blake's Addition; and
Lot 2-3 and 1-4 of Wm. Blake's Addition; and
Lots 5 to 19, inclusive, of Wm. Blake's Addition; and
Lots 2-11 , 2-12, and the East 30' of Lot 2-10 in Southview Heights, also Lots 20,
21 and the East 30' of Lot 22 of Wm. Blake's Addition; and
The West 70' of Lot 22 of Wm. Blake's Addition and Lot 2-9 and the West 20' of
Lot 2-10 of Southview Heights; and
Lot 1-23 of Wm. Blake's Addition and Lots 2-2-7 and 1-2-8 of Southview Heights;
and
Lots 2-23 and the East 50'of Lot 24 of Wm. Blake's Addition and Lots 2-6, 1-2-7,
and 2-2-8 of Southview Heights; and
The West 50' of Lot 24 of Wm. Blake's Addition and Lot 2-5 of Southview Heights;
and
Lot 25 of Wm. Blake's Addition; and
Lot 26 Wm. Blake's Addition; and
Lot 27 of Wm. Blake's Addition and Lot 2-1-1-1-1-2 of Clarke College Place; and
Lots 29 to 42, inclusive, of Wm. Blake's Addition; and
Lot 2 of Lot 43 of Wm. Blake's Addition; and
Lot 2 of Lot 44 of Wm. Blake's Addition; and
Lot 2 of Lot 45 of Wm. Blake's Addition; and
Lot 2 of Lot 46 of Wm. Blake's Subdivision; and
Lot 2 of Lot 12B of Wood's Addition; and
Lots 20, 21 , and 22 of A. P. Wood's Addition; and
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Lot 23 of A. P. Wood's Addition; and
Lot 2-24 and 2-24A of A. P. Wood's Addition; and
Lot 24D of A. P. Wood's Addition; and
Lot 24C of A. P. Wood's Addition; and
Lots 24B to 36B, inclusive, of A. P. Wood's Addition; and
Lots 25A to 36A, inclusive, of A. P. Wood's Addition; and
The North 40' of Vacated Williams Street in A. P. Wood's Addition; and
Lots 25 to 36, inclusive, of A. P. Wood's Addition; and
Lots 6 to 10, inclusive, and the North 1/2 and South 1/2 of Lot 5, all of Lot 98A of
A. P. Wood's Addition; and
Lot 4-98A of Wood's Addition; and
Lot 3-98A of A. P. Wood's Addition; and
Lot 2-98A of A. P. Wood's Addition; and
Lot 1-98A of A. P. Wood's Addition; and
Lots 90 to 98, inclusive, in A. P. Wood's Addition, and the northerly % of Vacated
Bellevue Street abutting said lots 90 to 98, in A.P. Wood's Addition; and
Part of the North % of Vacated Bellevue Street Lying South of McGrath's Subdi-
vision Southeast 1/4 Northeast 1/4 Section 23, T89N, R2E in the City of Dubuque; and
Part of Vacated Bellevue Street lying between McGrath's Subdivision and Kirk-
wood Place in the City of Dubuque; and
Lot 1 and Lot 2-2 of McGrath's Subdivision; and
Lots 3 and 4 and Lot 1-2, all in McGrath's Subdivision; and
Lot 5 of McGrath's Subdivision; and
Lot 6 of McGrath's Subdivision; and
Lot 1 of Mineral Lot 95; and
Lot 9 of McGrath's Subdivision; and
Lots 7 and 8 of McGrath's Subdivision; and
Lot 10 of McGrath's Subdivision; and
Lots 2 to 5, inclusive, of Union Avenue Subdivision #2; and
Lot 1 of Union Avenue Subdivision #2 and Lot 2 of Mosher's Subdivision; and
Lot 1-3, 1-2, and 1-1 of Connolly's Subdivision, and Lot 1 of Part of City Lot 711 .
All in the City of Dubuque, Dubuque County, Iowa.
(aa) Dubuque Brewing and Malting Subarea of the district shall include the
following described properties:
Beginning at the intersection of the northerly right of way line of East 30th Street
and the westerly right of way line of Jackson Street; thence northeasterly along
the northerly right of way line of East 30th Street to the southeast corner of a Part
of Lot 8 of Mineral Lot 322 as shown on the Final Plat of Liebe's Subdivision No.
3, also being a point on the westerly line of Lot 1 -2-1 of Becker Place, thence
northwesterly along the easterly lines of Part of Lot 8 and Part of Lot 7 as shown
on the Final Plat of Liebe's Subdivision, Lot 1-6 of Mineral Lot 322, and Lot 4A of
Mineral Lot 322 and its northerly extension to a point on the northerly right of way
line of East 32nd Street; thence southwesterly along the northerly right of way line
of East 32nd Street to the westerly right of way line of Jackson Street; thence
southeasterly along the westerly right of way line of Jackson Street to the westerly
63
extension of the northerly line of Lot 2 of Liebe's Subdivision No. 2; thence north-
easterly along said northerly line and westerly extension to the northeast corner
of said Lot 2; thence southeasterly along the easterly line of Lots 1 and 2 of
Liebe's Subdivision No. 2 to the southeast corner of Lot 1 of Liebe's Subdivision
No. 2; thence southeasterly across Liebe Street right of way to the northeast cor-
ner of Lot 1 of Liebe's Subdivision No. 1 ; thence southeasterly along the easterly
lines of Lots 1 and 2 of Liebe's Subdivision No. 1 to the southeast corner of Lot
2 of Liebe's Subdivision No. 1 ; thence southwesterly along the southerly line of
said Lot 2 and its westerly extension to the westerly right of way of Jackson
Street; thence southeasterly along the westerly right of way of Jackson Street to
the point of beginning.
(bb) 15th Street Subarea of the district shall include that area generally
bounded by the following description: Beginning at the intersection of the nor-
therly right of way line of East 15th Street and the easterly right of way line of Elm
Street in the City of Dubuque, Dubuque County, Iowa;
Thence northeasterly along the northerly right of way line of East 15th Street to
a point of intersection with the westerly right of way line of a public alley lying
between Pine Street and Maple Street; Thence northwesterly along said westerly
right of way line to the northeast corner of the North 35 feet of Lot 255 in East
Dubuque Addition # 2; Thence southwesterly along the northwesterly line of said
Lot to a point of intersection with the easterly right of way line of Pine Street;
Thence northwesterly along said easterly right of way line to the southerly right
of way line of E. 16th Street; Thence southwesterly along said southerly right of
way line to a point of intersection with the easterly right of way line of Elm Street;
Thence southeasterly along said easterly right of way line to a point of intersec-
tion with the northerly right of way line of E. 15th Street, said point being the point
of beginning.
(cc) Lower Kaufmann Subarea of the district shall include the following de-
scribed properties:
All that part of the Public Alley right of way between Francis Street, Central
Avenue, Kaufmann Avenue, and West 23rd Street lying north of the north right of
way line of Kaufmann Avenue and south of the easterly extension of the south
line of the North Half of Lot 19 in Tivoli Addition; and
Lots 4, 5, 6, 7, and 8, all in the Subdivision of Lot 20 and the Southl/2 of Lot
19 Tivoli Addition; and
Lot 3 of the Subdivision of Lot 20 and of South 1/2 of Lot 19 Tivoli Addition;
and
Lot 2 of the Subdivision of Lot 20 and of South 1/2 of Lot 19 Tivoli Addition;
and
All that part of the Francis Street right of way lying north of the north right of
way line of Kaufmann Avenue and south of the easterly extension of the north
line of Lot 2-21 in Tivoli Addition; and
Lot 1-21 Tivoli Addition; and
Lot 2-21 Tivoli Addition; and
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All that part of the Public Alley right of way adjacent to Lot 38 of Tivoli Addition
lying north of the northerly right of way line of Kaufmann Avenue and lying south
of the easterly extension of the north line of said Lot 38; and
Lot 38 Tivoli Addition; and
Lot 39 Tivoli Addition; and
Lot 1-40 Tivoli Addition; and
All that part of the Valeria Street right of way lying north of the northerly right
of way line of Kaufmann Avenue and south of the easterly extension of the north
line of Lot 1-1-1-1 in Weland's Subdivision; and
Lot 1-1-1-1 and Lot 2-2-2 Weland's Subdivision; and
Lot 2-1-1 Weland's Subdivision; and
Lot 2-1 and Lot 1-2-2 of Subdivision of Lots 129, 131 , 131A & 135A L H Lang-
worthy's Addition aka Weland's Subdivision; and
Lot 2-2A & Lot 1-2 Weland's Subdivision; and
Lot 1-2A Weland's Subdivision; and
Lot 3 Weland's Subdivision; and
Lot 3A Weland's Subdivision; and
The East 27' of Lot 4 Weland's Subdivision; and
The West 35' of Lot 4 Weland's Subdivision; and
Lot 5 Weland's Subdivision; and
Lot 5 of the Subdivision of Lots 3 & 4 of Lot 135 L H Langworthy's Addition;
and
All of the Private Driveway known as Fuller Place Abutting Lots 2, 3, 4 & 5 of
the Sub. of Lots 3 & 4 of Lot 135 L H Langworthy's Addition East 50'1 and West
1/2-2 all of Lot 135 LH Langworthy's Addition; and
Lot 2 of the Subdivision of Lots 3 and 4 of Lot 135 L H Langworthy's Addition;
and
The Middle 37' of Lot 7 Cushing's Subdivision; and Lot 3 of the Subdivision of
Lots 3 and 4 of Lot 135 L H Langworthy's Addition; and
The North 38' of Lot 7 Cushing's Addition; and Lot 4 of the Subdivision of Lots
3 and 4 of Lot 135 L H Langworthy's Addition; and
Lot 1 of the Subdivision of Lots 3 and 4 of Lot 135 L H Langworthy's Addition;
and
The South 60' of Lot 7 Cushing's Subdivision; and
Lot 8 and the East 7 1/2' of Lot 9 Cushing's Subdivision; and
The West 22 1/2' of Lot 9 and the East 15' of Lot 10 Cushing's Subdivision;
and
The West 15' of Lot 10 and the East 22'6" of Lot 11 Cushing's Subdivision; and
Lot 12 and the West 7 1/2' of Lot 11 Cushing's Subdivision; and
Lot 13 Cushing's Subdivision; and
Lot 14 Cushing's Subdivision; and
Lot 15 Cushing's Subdivision; and
Lot 6 C. Klingenberg's 3rd Addition; and
All that part of the Cushing Place right of way lying north of the northerly right
of way line of Kaufmann Avenue and lying south of the westerly extension of the
north line of Lot 6 in C. Klingenberg's Third Addition; and
65
Lot 2-141 L H Langworthy's Addition and Lot 4 C. Klingenberg's 3rd Addition;
and
Lot 2-143 and Lot 2-1-1-1-143 L H Langworthy's Addition; and
The East % of Lot 3-143 & Lot 2-2-1-1-143 L H Langworthy's Addition; and
The West 1/2 of Lot 3-143 L H Langworthy's Addition; and
Lot 4-143 L H Langworthy's Addition; and
Lot 5-143, Lot 2-2-1-1-East 3/4-145A, and Lot 2-2-2-1-1-1-East3/4-145A L H
Langworthy's Addition; and
Lot 1 Janice Place on Kaufman Avenue; and
Lot 2 Janice Place on Kaufmann Avenue; and
Lot 1-1-West 1/4 of Lot 145A L H Langworthy's Addition; and
Lot 1 Herbst Place #2; and
Lot 2-1-1-3-145 and the South 192.60' of the West Part of Lot 1 -2-145 L H
Langworthy's Addition; and
Lot 1-1-1-3-145 and 2-2-1-147 and Lot 2-2-2-147 L H Langworthy's Addition;
and
The East 34' of Lot 1-2-2-147 and the East 34' of Lot 2-2-1-1-147 L H Lang-
worthy's Addition; and
The West 28' of Lot 1-2-2 of 147 L H Langworthy's Addition; and
The West 28' of Lot 2-2-1-1-147 L H Langworthy's Addition; and
Lot 2-1-2-147 and Lot 1-2-1-1-147 L H Langworthy's Addition; and
The East 1/2 of Lot 1-1-2-147 and Lot 2-1-1-1-147 L H Langworthy's Addition;
and
Lot 1-1-1-1-147 and the West 1/2 of Lot 1-1-2-147 L H Langworthy's Addition;
and
All of Cornelia Place; and
Lot 2 of the West 1/2 of Lot 148 L H Langworthy's Addition; and
Lot 2-1 of the West 1/2 of Lot 148 L H Langworthy's Addition; and
Lot 1-1 of the West 1/2 of Lot 148 L H Langworthy's Addition; and
All that part of the Valeria Street right of way lying east of the easterly right of
way line of Kaufmann Avenue and west of the northerly extension of the easterly
line of Lot 1-1 of the West Half of Lot 148 in L H Langworthy's Addition; and
Lot 1-149 L H Langworthy's Addition and Lot 2-1-5 and Part of 2-5 of Mineral
Lot 316; and
Lot 2-149 L H Langworthy's Addition; and
The Southerly 50' of the South 100'-Lot 151 L H Langworthy's Addition; and
The North 50' of the South 100' of Lot 151 L H Langworthy's Addition; and
The Southerly 61' of the Northerly 71' of Lot 151 L H Langworthy's Addition;
and
The Northerly 10' the Northerly 71' of Lot 151 and the Southerly 50' of the
Southerly 100' of Lot 155 L H Langworthy's Addition; and
The Northerly 50' of the Southerly 100' of Lot 155 L H Langworthy's Addition;
and
Lot 2 of the Subdivision of the Southwesterly 100' of the Northwesterly 92' of
Lot 155 L H Langworthy's Addition; and
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Lot 1 of the Subdivision of the Southwesterly 100' of the Northwesterly 92' of
Lot 155 L H Langworthy's Addition; and
All that part of the Greenfield Street right of way lying east of the easterly right
of way line of Kaufmann Avenue and lying west of the southerly extension of the
westerly line of Lot 1-7 in Springgreen Subdivision; and
Lot 6 and Lot 2-7 Springgreen Subdivision; and
Lot 5 Springgreen Subdivision; and
Lot 4 Springgreen Subdivision; and
Lot 3 Springgreen Subdivision; and
All that part of the Kane Street right of way lying north of the northerly right of
way line of Kaufmann Avenue and lying south of the westerly extension of the
north line of Lot 3 in Springgreen Subdivision; and
Lot 1 Kieffer Place; and
Lot 2-1 and Lot A of Vogt Place; and
All that part of the Kaufmann Avenue right of way lying south and east of the
southerly extension of the west line of Lot 2-1 of Vogt Place and lying north and
west of the southerly extension of the westerly line of Lot1 of Tivoli Addition; and
Lot 158A L H Langworthy's Addition; and
Lot 154 L H Langworthy's Addition; and
Lot 154A L H Langworthy's Addition; and
Lot 2-1-153 L H Langworthy's Addition; and
Lot 1-1-153 L H Langworthy's Addition; and
Lot 2-153 and the North 27' of Lot 2-1-153A L H Langworthy's Addition; and
The South 50' of Lot 2-1-153A L H Langworthy's Addition; and
Lot 2-2-153A L H Langworthy's Addition; and
Lot 1-2-152 and Lot 1-2-153A L H Langworthy's Addition; and
Lot 1-2-2-152 L H Langworthy's Addition; and
Lot 2-2-2-152 L H Langworthy's Addition; and
The NW 4' of Lot 2 of Lot 150 and Lot 1 -152 L H Langworthy's Addition; and
The East 88.5' of Lot 2 of the Subdivision of Lot 150 L H Langworthy's Addition;
and
Lot 6 of the Subdivision of Lot 150A and of Lot 1 of Lot 150 L H Langworthy's
Addition; and
Lot 1-5 of the Subdivision of Lot 150A and of Lot 1 of Lot 150 L H Langworthy's
Addition; and
All that part of the Hempstead Street right of way lying south of the southerly
right of way line of Kaufmann Avenue and lying north of the northerly right of way
line of Lowell Street; and
Lot 1-1-3-146 and 146A and Lot 1-1-2-3-146 and 146A Of L H Langworthy's
Addition; and
Lot 1 of Lot 2 of Lots 146 and Lot 146A L H Langworthy's Addition; and
Lot 1-1-1-151 Mechanic's Addition; and
Lot 1 of the Subdivision of Lot 1 of Lots 146 and Lot 146A in L H Langworthy's
Addition and Lot 2 of the Subdivision of Lot 2 of Lots 146 and Lot 146A L H
Langworthy's and Lot 2-of the Subdivision of Lot 1 of Lot 1 of Lot 151 Mechanics
Addition; and
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Lot 2 of Lot 1 of the Subdivision of Lots 146 and Lot 146A L H Langworthy's
Addition and Lot 2 of Lot 1 of Lot 151 Mechanic's Addition; and
Lots 152, 153 and Lot 2-151 Mechanic's Addition; and
Lot 154 and the West 42' 4" of Lot 155 Mechanic's Addition; and
All of the Public Alley right of way between Lots 155 and 156 in Mechanic's
Addition; and
Lot 156 Mechanic's Addition; and
Lot 157, 158 and 159 Mechanic's Addition; and
Lot 9 and Lot 1-10 of Lots 138, 140, and 142 of L H Langworthy's Addition;
and
Lot 1-8 of Lots 138, 140, & 142 L H Langworthy's Addition; and
The West 20' of Lot 6, the West One Half of Lot 7 except the East 5 feet thereof,
and Lot 2 of Lot 8, all of the Subdivision of Lots 138, 140, and 142 L H Langwor-
thy's Addition; and
The East 30' of Lot 7, and the East 5' of Lot 6, and Lot 5, all of the Subdivision
of Lots 138, 140, and 142 L H Langworthy's; and
Lot 4-138, 4-140, and 4-142 L H Langworthy's Addition; and
Lot 3-138, 3-140, and 3-142 L H Langworthy's Addition; and
Lot 2-138, 2-140 and 2-142 L H Langworthy's Addition; and
Lot 1 of the Subdivision of Lot 1 and the balance of Lot 2 of the Subdivision of
Lot 1 , both of the Subdivision of Lots 138, 140 and 142 L H Langworthy's Addition;
and
The North 296' of the West 1/4 of Lot 136 L H Langworthy's Addition; and
The South 50' of the West 1/4 of Lot 136 L H Langworthy's Addition; and
The balance of the Easterly Half of the Westerly Half of Lot 136 L H Langwor-
thy's Addition; and
Lot 2 of Lot 1 , and Lot 2, both of the East 1/2 of Lot 136 L H Langworthy's
Addition; and
The balance of Lot 1 of Lot 1 of the East 1/2 of Lot 136 L H Langworthy's
Addition; and
The balance of Lot 7 Siege Subdivision; and
The West 1/2 of Lot 6 Siege Subdivision; and
The East 1/2 of Lot 6 Siege Subdivision; and
The West 1/2 of Lot 5 Siege Subdivision; and
The East 1/2 of Lot 5 Siege Subdivision; and
Lot 4 Siege Subdivision; and
Lot 3 Siege Subdivision; and;
Lot 2 Siege Subdivision; and
Lot 1-1 Siege Subdivision; and
All that part of the Kleine Street right of way lying south of the southerly line of
Kaufmann Avenue and lying north of the easterly extension of the south line of
Lot 1-2 in Seiges Subdivision; and
Lot 1-63 Marsh's Addition; and
Lot 2-63 Marsh's Addition; and
Lots 3-38 and 4-38 Marsh's Addition; and
Lot 2-38 Marsh's Addition; and
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Lot 1-38 Marsh's Addition; and
All that part of the North Main Street right of way lying south of the southerly
line of Kaufmann Avenue and lying north of the westerly extension of the south
line of Lot 37 in Marsh's Addition; and
Lot 37 Marsh's Addition; and
Lot 36 Marsh's Addition; and
Lot 35 Marsh's Addition; and
Lot 34 Marsh's Addition; and
Lot 33 Marsh's Addition; and
Lot 32 Marsh's Addition; and
The North 95' of Lot 31 Marsh's Addition; and
The North 95' of Lot 1 Marsh's Addition
All that part of the Heeb Street right of way lying south of the southerly line of
Kaufmann Avenue and lying north of the easterly extension of the southerly line
of Lot 12 of Marsh's Addition; and
The South 40' of Lot 1 , the North 5' of Lot 2, and the South 40' of Lot 31 Marsh's
Addition; and
The South 45' of Lot 2 Marsh's Addition; and
Lot 3 Marsh's Addition; and
Lot 4 Marsh's Addition; and
Lot 5 Marsh's Addition; and
The North 40' of Lot 6 Marsh's Addition; and
Lot 12, Lot 11 , Lot 10, and the South 30' of Lot 9, and the East 60' of the North
20' of Lot 9, and the West 125' of the North 20' of Lot 9, Lot 8, Lot 7 and the South
10' of Lot 6, all In Marsh's Addition; and
Lot 62 Marsh's Addition; and
Lot 2-1 Siege Subdivision; and
Lot 1-2-2-3 of the Subdivision of Lots 146 and 146A L H Langworthy's Addition;
and
Lots 1-2-150, 1-2-2-150, and 1-150 Mechanic's Addition; and
Lot 1 Runde Place; and
Lot 2 Runde Place; and
All that part of the Napier Street right of way lying east of the easterly right of
way line of Hempstead Street and lying west of the northerly extension of the east
line of Lot 125 in Mechanic's Addition; and
Lot 125 Mechanic's Addition; and
Lot 124 Mechanic's Addition; and
Lot 123 Mechanic's Addition; and
All that part of the Public Alley right of way between Lots 119, 120, 121 , 122
and 123 in Mechanic's Addition lying east of the easterly right of way line of
Hempstead Street and lying west of the southerly extension of the east line of Lot
123 in Mechanic's Addition; and
Lot 2-121 and 2-122 Mechanic's Addition; and
Lot 1-121 and 1-122 Mechanic's Addition; and
Lots 83 and 84 Pleasant View Addition; and
The East 35' of Lot 85 Pleasant View Addition; and
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Lots 80, 81 , and 82 Pleasant View Addition; and
All that part of the Public Alley right of way between Lots 80, 81 , 82, 83, 84,
and 85 in Pleasant View Addition lying west of the westerly right of way line of
Hempstead Street and lying east of the northerly extension of the East 35' of Lot
85 in Pleasant Valley Addition; and
Lot 79 and 79A Mechanic's Addition; and
Lot 78 Mechanic's Addition; and
Lot 77 Mechanic's Addition; and
Lot 76 Mechanic's Addition; and
Lot 75 Mechanic's Addition; and
All that part of the Montcrest Street right of way lying west of the westerly right
of way line of Hempstead Street and lying east of the northeasterly extension of
the westerly line of Lot 75 in Mechanic's Addition; and
Lot 1-73 and 1-74 Mechanic's Addition; and
Lot 1-2 of the Subdivision of Lot 150A and Lot 1 -150 L H Langworthy's Addi-
tion; and
Lot 1-3 of the Subdivision of Lot 150A and Lot 1 -150 L H Langworthy's Addi-
tion; and
Lot 1-1 of the Subdivision of Lot 150A and Lot 1 -150 L H Langworthy's Addi-
tion; and
Lot 1-4 of the Subdivision of Lot 150A and Lot 1 -150 L H Langworthy's Addi-
tion.
All in the City of Dubuque, Iowa
(dd) Amended Project Area shall mean the areas of the City of Dubuque, Iowa
included within the Town Clock Subarea, the Old Main Subarea, the Town Clock
Expansion Subarea, the Upper Main Subarea, the Ice Harbor Subarea A, the Ice
Harbor Subarea B, the Ice Harbor Subarea C, the Warehouse Subarea, the
South Main Subarea, the South Port Subarea, the Cable Car Subarea, the Bluff
Street Subarea, the South Bluff Street Subarea, the Kerper Boulevard Subarea,
the Washington Neighborhood Subarea, the Industrial Harbor Subarea, the East
7th Street Subarea, the Chaplain Schmitt Subarea, the North Kerper Subarea, the
Quebecor Subarea, the Harrison Street Subarea, the Holy Ghost Subarea, the
Almond Street Subarea, the North End Subarea, the University Avenue Corridor
Subarea, the West Locust Corridor Subarea, the Brewing and Malting Subarea,
the 15th Street Subarea, and the Lower Kaufmann Subarea each as described
in this Section.
(ee) Urban Renewal Plan shall mean the Amended and Restated Urban Re-
newal Plan for the Greater Downtown Urban Renewal District, approved by Res-
olution No. 205-17 on June 5, 2017 as the same may be amended from time to
time.
Section 2: The taxes levied on the taxable property in the Amended Project Area, le-
gally 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: Taxes.
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(a) As to the Town Clock Subarea, that portion of the taxes which would be pro-
duced by the rate at which the tax is levied each year by or for each of the taxing
districts taxing property in the Town Clock Subarea upon the total sum of the as-
sessed value of the taxable property in the Town Clock Subarea as shown on the
assessment roll as of January 1 , 1966, being the assessment roll last equalized
prior to the date of the initial adoption of the Urban Renewal Plan for the Downtown
Dubuque Urban Renewal Project, Iowa R-15, shall be allocated to and when col-
lected 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.
(b)As to the Old Main Subarea, base period taxes shall be computed in the same
manner using the total assessed value shown on the assessment roll as of January
1 , 1993, being the assessment roll as of January 1 of the calendar year preceding
the effective date of Ordinance No. 23-94.
(c) As to the Town Clock Expansion Subarea, base period taxes shall be com-
puted in the same manner using the total assessed value shown on the assessment
roll as of January 1 , 1996, being the assessment roll as of January 1 of the calendar
year preceding the effective date of Ordinance No. 67-97.
(d) As to the Upper Main Subarea, base period taxes shall be computed in the
same manner using the total assessed value shown on the assessment roll as of
January 1 , 2001 , being the assessment roll as of January 1 of the calendar year
preceding the effective date of Ordinance No. 26-02.
(e) As to the Ice Harbor Subarea A, base period taxes shall be computed in the
same manner using the total assessed value shown on the assessment roll as of
January 1 , 1988, being the assessment roll as of January 1 of the calendar year
preceding the effective date of Ordinance No. 66-89.
(f) As to the Ice Harbor Subarea B, base period taxes shall be computed in the
same manner using the total assessed value shown on the assessment roll as of
January 1 , 1999, being the assessment roll as of January 1 of the calendar year
preceding the effective date of Ordinance No. 97-00.
(g) As to the Ice Harbor Subarea C, base period taxes shall be computed in the
same manner using the total assessed value shown on the assessment roll as of
January 1 , 2006, being the assessment roll as of January 1 of the calendar year
preceding the effective date of Ordinance No. 20-07.
(h) As to the Warehouse Subarea, base period taxes shall be computed in the
same manner using the total assessed value shown on the assessment roll as of
January 1 , 2006, being the first day of the calendar year preceding the effective date
of Ordinance No. 63-07.
(i) As to the South Main Subarea, base period taxes shall be computed in the
same manner using the total assessed value shown on the assessment roll as of
January 1 , 2006, being the first day of the calendar year preceding the effective date
of Ordinance No. 63-07.
(j) As to the South Port Subarea, 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 first day of the calendar year preceding the effective date
of Ordinance No. 60-08.
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(k) As to the Cable Car Subarea, base period taxes shall be computed in the
same manner using the total assessed value shown on the assessment roll as of
January 1 , 2008, being the first day of the calendar year preceding the effective date
of Ordinance 58-09.
(I) As to the Bluff Street Subarea, base period taxes shall be computed in the
same manner using the total assessed value shown on the assessment roll as of
January 1 , 2009, being the first day of the calendar year preceding the effective date
of Ordinance 51-10.
(m) As to the South Bluff Street Subarea, base period taxes shall be computed
in the same manner using the total assessed value shown on the assessment roll
as of January 1 , 2010, being the first day of the calendar year preceding the effective
date of Ordinance 33-11 .
(n) As to the Kerper Boulevard Subarea, base period taxes shall be computed in
the same manner using the total assessed value shown on the assessment roll as
of January 1 , 1993, being the first day of the calendar year preceding the effective
date of Ordinance 43-94.
(o) As to the Washington Neighborhood Subarea, base period taxes shall be
computed in the same manner using the total assessed value shown on the assess-
ment roll as of January 1 , 2010, being the first day of the calendar year preceding
the effective date of Ordinance 33-11 .
(p) As to the Industrial Harbor Subarea, base period taxes shall be computed in
the same manner using the total assessed value shown on the assessment roll as
of January 1 , 2010, being the first day of the calendar year preceding the effective
date of Ordinance 33-11 .
(q) As to the East 7th Street Subarea, base period taxes shall be computed in the
same manner using the total assessed value shown on the assessment roll as of
January 1 , 1996, being the first day of the calendar year preceding the effective date
of Ordinance 64-97.
(r) As to the Chaplain Schmitt Subarea, base period taxes shall be computed in
the same manner using the total assessed value shown on the assessment roll as
of January 1 , 2010, being the first day of the calendar year preceding the effective
date of Ordinance 33-11 .
(s) As to the North Kerper Subarea, base period taxes shall be computed in the
same manner using the total assessed value shown on the assessment roll as of
January 1 , 2011 , being the first day of the calendar year preceding the effective date
of Ordinance 60-12.
(t) As to the Quebecor Subarea, base period taxes shall be computed in the same
manner using the total assessed value shown on the assessment roll as of January
1 , 2001 , being the first day of the calendar year preceding the effective date of Or-
dinance 88-02.
(u) As to the Harrison Street Subarea, base period taxes shall be computed in
the same manner, using the total assessed value shown on the assessment roll as
of January 1 , 2011 , being the first day of the calendar year preceding the effective
date of Ordinance 60-12.
(v) As to the Holy Ghost Subarea, base period taxes shall be computed in the
same manner, using the total assessed value shown on the assessment roll as of
72
January 1 , 2013, being the first day of the calendar year preceding the effective date
of Ordinance 45-14.
(w) As to the Almond Street Subarea, 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 first day of the calendar year preceding the effective date
of Ordinance 45-14.
(x) As to the North End Subarea, 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 first day of the calendar year preceding the effective date
of this Ordinance.
(y) As to the University Avenue Corridor Subarea, base period taxes shall be
computed in the same manner, using the total assessed value shown on the as-
sessment roll as of January 1 , 2015, being the first day of the calendar year preced-
ing the effective date of this Ordinance.
(z) As to the West Locust Corridor Subarea, 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 first day of the calendar year preceding the effective
date of this Ordinance.
(aa) As to the Brewing and Malting Subarea, base period taxes shall be com-
puted in the same manner, using the total assessed value shown on the assess-
ment roll as of January 1 , 2007, being the first day of the calendar year preceding
the effective date of Ordinance 61-08.
(bb) As to the 15th Street Subarea, base period taxes shall be computed in the
same manner, using the total assessed value shown on the assessment roll as
of January 1 , 2016, being the first day of the calendar year preceding the effective
date of Ordinance 6-17 and 6-17-A.
(cc) As to the Lower Kaufmann Subarea, base period taxes shall be computed
in the same manner, using the total assessed value shown on the assessment
roll as of January 1 , 2016, being the first day of the calendar year preceding the
effective date of Ordinance 26-17.
Section 4: That portion of the taxes each year in excess of the base period taxes for
the Amended Project Area, determined for each Subarea thereof as provided in Section
3 of this Ordinance, shall be allocated to and when collected be paid into the special tax
increment fund previously established by the City of Dubuque to pay the principal of and
interest on loans, monies advanced to, or indebtedness, whether funded, refunded, as-
sumed or otherwise, including bonds issued under authority of Section 403.9 or Section
403.12 of the Code of Iowa, incurred by the City of Dubuque, Iowa to finance or refinance,
in whole or in part, urban renewal projects undertaken within the Amended Project Area
pursuant to the Urban Renewal Plan, except that taxes for the regular and voter-approved
physical plant and equipment levy of a school district imposed pursuant to Section 298.2
of the Code of Iowa and taxes for the instructional support program of a school district
imposed pursuant to Section 257.19 (but in each case only to the extent required under
Section 403.19(2)), taxes for the payment of bonds and interest of each taxing district,
and taxes imposed under Section 346.27(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.
73
Section 5: Unless or until the total assessed valuation of the taxable property in the
Subareas of the Amended Project Area exceeds the total assessed value of the taxable
property in said Subareas shown by the assessment rolls referred to in Section 3 of this
Ordinance, all of the taxes levied and collected upon the taxable property in the Amended
Project Area shall be paid into the funds for the respective taxing districts as taxes by or
for the taxing districts in the same manner as all other property taxes.
Section 6: At such time as the loans, monies advanced, bonds and interest thereon
and indebtedness of the City of Dubuque referred to in Section 4 hereof have been paid,
all monies thereafter received from taxes upon the taxable property in the Amended Pro-
ject Area shall be paid into the funds for the respective taxing districts in the same manner
as taxes on all other property.
Section 7: All ordinances or parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed. The provisions of this Ordinance are intended and shall
be construed so as to continue the division of taxes from property within the Amended
Project Area under the provisions of Section 403.19 of the Code of Iowa, as authorized
in Ordinance No. 6-17 and 6-17-A, as previously amended, and to fully implement the
division of taxes in the Lower Kaufmann Subarea. 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 pro-
visions of Section 403.19 of the Code of Iowa with reference to the Amended Project Area
and the territory contained therein.
Section 8: This Ordinance shall be in effect after its final passage, approval and publi-
cation as provided by law.
Passed and approved this 5th day of June, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Read first time: June 5, 2017
Passed and approved: June 5, 2017
Summary published: June 9, 2017
9. Code of Ordinances Amendment - Title 13 Placement of Containers for Collection:
City Manager recommending approval of an amendment to the City of Dubuque Code of
Ordinances Section 13-6A-4, Placement of Containers for Collection, which would allow
placement of solid waste and recycling at the curb up to 24 hours before a scheduled
collection, and removal of the solid waste containers and recycling containers within 24
hours after a scheduled collection. Motion by Lynch 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 Seconded by Del Toro. Motion carried 7-0.
Motion by Lynch for final consideration and passage of Ordinance No. 27-17 Amending
City of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 6, Solid Waste,
Article A City or Private Collection Service, Section 13-6A-4 Placement of Containers for
Collection. Seconded by Connors. Motion carried 7-0.
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OFFICIAL PUBLICATION
ORDINANCE NO. 27-17
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC UTILI-
TIES, CHAPTER 6 SOLID WASTE, ARTICLE A CITY OR PRIVATE COLLECTION
SERVICE, SECTION 13-6A-4 PLACEMENT OF CONTAINERS FOR COLLECTION
Section 1 . Section 13-6A-4 of the City of Dubuque Code of Ordinances is amended to
read as follows:
13-6A-4: PLACEMENT OF CONTAINERS FOR COLLECTION:
A. Alleys: Where collections are made from alleys, solid waste containers shall be
placed in one location for each dwelling, in clear view and at the owner's property line
abutting the alley and on the days designated in said schedule.
B. Streets: Where collections are made from the street, solid waste containers shall
be placed in one location for each dwelling, in clear view and in the street right of way
on the owner's property side of the curb and on the days designated in said schedule.
Such containers shall be placed so as not to interfere with vehicular and pedestrian
traffic and when emptied shall be promptly removed by the owner.
C. Time Limit for Placement Of Containers On Streets: No person shall place solid
waste or recycling at the street for collection more than twenty four (24) hours before
the scheduled collection day. No person shall leave solid waste containers or recycling
containers at the street for more than twenty-four (24) hours after the scheduled col-
lection day.
D. Early Placement: All solid waste shall be placed at the designated collection lo-
cation for city collection by six o'clock (6:00) A.M. on the scheduled collection day.
E. Duty When Solid Waste Not Collected: Any solid waste not in compliance with
this chapter shall not be collected by the city and shall be removed by the owner within
twenty-four (24) hours after the scheduled collection day and stored in such a manner
as not to create a health, safety or fire hazard.
Section 2. This Ordinance takes effect on publication.
Passed, approved, and adopted the 5th day of June, 2017.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published in the Telegraph Herald newspaper on the 9th day of June, 2017.
/s/Kevin S. Firnstahl, City Clerk
10. Code of Ordinances Amendment - Title 7 Animal Control: City Manager recom-
mending approval of changes to the Animal Control Ordinance. that address enforcement
and trends for dealing with Animal Control issues experienced over the past several
years. Motion by Lynch 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 Connors.
Motion carried 7-0.
Motion by Lynch for final consideration and passage of Ordinance No. 28-17 Amending
City of Dubuque Code of Ordinances Title 7 Police, Fire and Public Safety, Chapter 6
Animal Control, Article B Dogs and Cats, Sections 7-6B-1 Definitions, 7-6B-2 Licensing;
75
Tags and Fees, 7-6B-3 Keeping Cats or Dogs on Unoccupied Residential Property Pro-
hibited, 7-6B-4 Harboring Vicious Dog or Cat, 7-6B-10 Impoundment, Redemption and
Disposition of Unclaimed Animals; Article C Rabies Control, Sections 7-6C-1 Vaccination
Required, 7-6C-2 Confinement Authorized, 7-6C-3 Reporting Rabies; Notice to City Man-
ager; Article D Dangerous Animals, Sections 7-6D-1 Definitions, Section 7-6D-4 Excep-
tions to Keeping and Licensing Restrictions; Article E Potentially Vicious Dogs, Section
7-6E-2 Procedure for Declaration of Potentially Vicious Dog; and Amending Title 7, Chap-
ter 6 by Adding a New Article F, Vicious Dogs and Cats
Suggested Disposition: Receive and File; Motion B; Motion A. Seconded by Connors.
Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 28-17
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 7 POLICE, FIRE
AND PUBLIC SAFETY, CHAPTER 6 ANIMAL CONTROL, ARTICLE B DOGS AND
CATS, SECTIONS 7-6B-1 DEFINITIONS, 7-6B-2 LICENSING; TAGS AND FEES, 7-6B-
3 KEEPING CATS OR DOGS ON UNOCCUPIED RESIDENTIAL PROPERTY PROHIB-
ITED, 7-6B-4 HARBORING VICIOUS DOG OR CAT, 7-6B-10 IMPOUNDMENT, RE-
DEMPTION AND DISPOSITION OF UNCLAIMED ANIMALS; ARTICLE C RABIES
CONTROL, SECTIONS 7-6C-1 VACCINATION REQUIRED, 7-6C-2 CONFINEMENT
AUTHORIZED, 7-6C-3 REPORTING RABIES; NOTICE TO CITY MANAGER; ARTICLE
D DANGEROUS ANIMALS, SECTIONS 7-6D-1 DEFINITIONS, SECTION 7-6D-4 EX-
CEPTIONS TO KEEPING AND LICENSING RESTRICTIONS; ARTICLE E POTEN-
TIALLY VICIOUS DOGS, SECTION 7-6E-2 PROCEDURE FOR DECLARATION OF
POTENTIALLY VICIOUS DOG; AND AMENDING TITLE 7, CHAPTER 6 BY ADDING
A NEW ARTICLE F, VICIOUS DOGS AND CATS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . Section 7-6B-1 of the City of Dubuque Code of Ordinances is amended to
read as follows:
7-6B-1 : DEFINITIONS:
The following definitions shall apply in the interpretation of this article:
AT LARGE: Includes any dog, cat or livestock, fowl or ferret found off the premises of
the owner or keeper. A dog or cat shall not be deemed at large if the dog or cat is:
A. Attached to a leash of sufficient strength and appropriate length to control the
animal where such leash is held by its owner or keeper; or
B. Restrained within an enclosed motor vehicle or by crate or leash of sufficient
strength and appropriate length to keep the dog or cat within the motor vehicle; or
C. Housed in a licensed veterinarian's animal hospital; or
D. Accompanied by the owner or keeper on the premises of another with such per-
son's consent and restrained by an adequate protective fence or by leash, cord, chain
or other similar restraint that does not allow the dog or cat to go beyond such person's
property line or to come into contact with anyone outside such person's property line.
CAT: Both male and female animals in the family Felis catus whether neutered or not.
DOG: Both male and female animals of the canine species whether neutered or not,
but not including a law enforcement dog.
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HEALTH CARE PROVIDER: A person who is trained and licensed to give health care.
KEEPER: Any person other than the owner keeping, sheltering, having control or cus-
tody of or harboring an animal.
KENNEL: Shall refer to a place or establishment where dogs or cats are kept or raised
for the purpose of breeding, boarding, racing at a licensed pari-mutuel track, exchanged
or offered for sale to the general public and which are kept under constant restraint.
NEUTERED: Shall refer to a surgical procedure that has been performed on a dog or
a cat that renders it incapable of siring or bearing offspring.
NUISANCE: A dog or cat shall be considered a nuisance if it:
A. Damages, soils, defiles or defecates on private property other than the owner's
or keeper's or on public walks and recreation areas unless such waste is immediately
removed and properly disposed of by the owner or keeper.
B. Causes unsanitary, dangerous or offensive conditions.
C. Causes a disturbance by excessive barking or other noisemaking that can be
heard from a position in the public right of way.
D. Chases vehicles, or molests, attacks or interferes with persons or other domestic
animals off the premises of the owner or keeper.
OWNER: Any person owning a cat, dog, or other animal.
VICIOUS ANIMAL: A vicious cat or dog is deemed so when it shall have attacked or
bitten any person on more than one occasion without provocation or when an attack or
bite results in serious bodily injury.
Section 2. Section 7-6B-2 of the City of Dubuque Code of Ordinances is amended to
read as follows:
7-6B-2: LICENSING; TAGS AND FEES:
A. License Required: No person shall keep a dog or cat in the city unless such dog
or cat is licensed by the city as provided in this article. This section shall not apply to
veterinary clinics and boarding facilities.
B. Application For License: The owner or keeper shall make application fora license
with the city manager. The application shall give the name, physical address, date of
birth or social security number of the owner or keeper, the sex and description of the
dog or cat, and if known, its breed and age. In the event of a change of ownership, the
license holder shall notify the city manager of such change. All dogs and cats shall be
licensed by not later than six (6) months of age. If an animal is older than six (6) months
of age, the dog or cat must be licensed within thirty (30) days of ownership or residing
in the city of Dubuque, whichever is first.
C. Dogs:
1 . License Fee; Neutering:
a. The license fee per calendar year, or fraction thereof, for a dog license shall
be as established by the city manager.
b. The applicant or licensee shall furnish written proof from a licensed veteri-
narian that surgical procedures have been performed that render either male or
female dogs incapable of reproduction, which may result in a reduced licensed
fee.
2. Expiration; Renewal; Delinquent Fee: All dog licenses issued under this sub-
section shall expire one year from the date the license was issued and shall become
delinquent thirty (30) days after the license anniversary date. A delinquent fee as
77
established by the city manager, shall be added to the required license fee for each
delinquent dog license.
D. Cats:
1 . License Fee; Neutering:
a. The license fee per calendar year, or fraction thereof, shall be as established
by the city manager.
b. The applicant or licensee shall furnish written proof from a licensed veteri-
narian that surgical procedures have been performed that render either male or
female cats incapable of reproduction, which may result in a reduced licensed
fee.
2. Expiration; Renewal; Delinquent Fees: All cat licenses issued under this sub-
section shall expire one year from the date the license was purchased and shall
become delinquent thirty (30) days after the license anniversary date. A delinquent
fee as established by the city manager shall be added to the required license fee for
each delinquent cat license.
E. Tags:
1 . Tags Not Transferable: A license issued for any dog or cat shall not be trans-
ferred to another dog or cat.
2. Tags Attached to Collar Or Harness: The owner or keeper of a dog or cat, upon
procurement of the license, shall securely attach the license tag to a collar or har-
ness and this collar or harness, with the tag attached, shall at all times be kept on
the dog or cat. Any dog or cat found at large without a collar or harness with license
tag attached shall be deemed unlicensed and shall be impounded.
F. Fee for Duplicate License: The fee for a duplicate license for either a dog or cat
shall be as established by the city manager.
G. Consent Implied From Application And Receipt: The application for and the re-
ceipt of a license as required in this section shall include an implied consent by the
owner or keeper to permit an inspection of both real and personal property under the
owner's or keeper's control for the purpose of carrying out the provisions of this article
relating to the harborage of vicious animals or to the control of rabies outbreak or re-
lating to the provisions of law relative to the prohibition of cruelty to animals.
Section 3. Section 7-6B-3 of the City of Dubuque Code of Ordinances is amended to
read as follows:
7-6B-3: KEEPING DOMESTIC ANIMALS ON UNOCCUPIED RESIDENTIAL PROP-
ERTY OR IN DANGEROUS BUILDINGS PROHIBITED:
The owner or keeper of a dog or cat shall not keep or allow the dog or cat to be kept
on unoccupied property or in any building that meets the definition of a dangerous building
as set forth in section 14-3-2 of this Code. For purposes of this provision, "unoccupied
property" shall include but is not limited to property that is not the primary residence of
the owner or keeper or any other occupant.
Section 4. Section 7-6B-4 of the City of Dubuque Code of Ordinances is amended to
read as follows:
7-6B-4: HARBORING VICIOUS DOG OR CAT:
It shall be unlawful for any person or persons to harbor or keep a vicious dog or cat
within the city. The City may abate violations of this section with penalties including, but
not limited to, euthanizing of the animal.
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Section 5. Section 7-6B-10 of the City of Dubuque Code of Ordinances is amended to
read as follows:
7-6B-10: IMPOUNDMENT, REDEMPTION AND DISPOSITION OF UNCLAIMED AN-
IMALS:
A. Contract for Pound Or Shelter: The city manager is hereby authorized to contract
from year to year with any pound or animal shelter as defined by section 162.2 of the
code of Iowa for carrying out the provisions of this article including the collection, pro-
tection and disposition of dogs, cats and other animals and the collection of fees for
licensing and care of seized and impounded dogs and cats.
B. Impoundment: Any unlicensed dog or cat except kennel dogs or cats and any
licensed dog or cat found at large shall be subject to seizure and impoundment in a
place provided by the city.
C. Notice To Owners Of Licensed Dogs Or Cats: Whenever any licensed dog or cat
has been seized or impounded pursuant to this article, notice of such action shall be
given as provided in this article.
D. Redemption:
1 . Except as otherwise provided, the possession of any licensed dog or cat seized
or impounded pursuant to this article may be obtained by the owner or keeper by
paying an impoundment fee as established by the city manager, together with the
separate daily fee for keeping such dog or cat each day or fraction thereof during
the time that such dog or cat is impounded. Upon the second subsequent impound-
ment of the same animal within three hundred sixty-five (365) days, an impound-
ment fee as established by the city manager shall be assessed together with the
separate daily fee for keeping such dog or cat each day or fraction thereof during
the time which said dog or cat is impounded.
2. Upon proper identification the owner may redeem an unlicensed dog or cat
seized or impounded pursuant to this article after licensing the animal or agreeing
to purchase a license within ten (10) working days. Failure to do so shall result in an
additional fee as established by the city manager, added to the license fee.
E. Disposition Of Unredeemed Dogs:
1 . Licensed Dog: If the owner or keeper of a licensed dog impounded pursuant
to this article does not redeem such animal within seven (7) days after the mailing
of the notice provided for in this article, the license shall automatically be revoked
and the animal disposed of as directed by the city manager.
2. Unlicensed Dog: Any unlicensed dog not redeemed by the owner within three
(3) days after it has been seized or impounded shall be disposed of as directed by
the city manager.
F. Disposition Of Unredeemed Cats:
1 . Licensed Cat: If the owner or keeper of a licensed cat impounded pursuant to
this article does not redeem such animal within five (5) days after the mailing of the
notice provided for in this article, the license shall automatically be revoked and the
animal disposed of as directed by the city manager.
2. Unlicensed Cat: Any unlicensed cat not redeemed by the owner within three
(3) days after it has been seized or impounded shall be disposed of as directed by
the city manager.
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Section 6. Section 7-6C-1 of the City of Dubuque Code of Ordinances is amended to
read as follows:
7-6C-1 : VACCINATION REQUIRED:
A. Dogs And Cats; Schedule: It shall be unlawful for the owner or keeper of any
domesticated species of dog or cat to keep or maintain such animal unless the dog or
cat shall be vaccinated against rabies by a licensed veterinarian with a vaccine ap-
proved by the Iowa department of agriculture and administered in accordance with the
following schedule:
Class of Animal Age at Primary Vaccination Booster'
Dogs 6 months 1 year later, triennially thereafter
Cats 6 months Annually or 1 year later, triennially
thereafter
Note:
1 . Approved 3-year vaccine may be substituted.
B. Ferrets; Schedule: It shall be unlawful for the owner or keeper of any ferret to
keep or maintain such animal unless the ferret shall be vaccinated against rabies by a
licensed veterinarian with a vaccine licensed for the use in ferrets and administered in
accordance with the following schedule:
Class of Animal Age at Primary Vaccination Booster
Ferret 6 months Annually
C. Inactivated Nervous Tissue: Inactivated nervous tissue vaccine may only be used
in accordance with the rules of the Iowa state department of agriculture.
D. Certificate Required: A copy of the official rabies vaccination certificate approved
by the Iowa state department of agriculture shall be a condition precedent to the issu-
ance of any license authorized by this article.
E. Veterinarian Furnish Copies: Each veterinarian within the city limits shall forward
to the city manager by no later than the tenth of each month a copy of each official
rabies vaccination certificate, with the owner's or keeper's address, issued by the vet-
erinarian during the preceding month.
Section 7. Section 7-6C-2 of the City of Dubuque Code of Ordinances is amended to
read as follows:
7-6C-2: CONFINEMENT AUTHORIZED:
A. Animal Suspected Of Having Rabies: The owner or keeper of any dog or cat or
other animal which has contracted rabies, or which has been subject to rabies, or which
has bitten or caused skin abrasion to any person shall produce and surrender up such
dog, cat or other animal to be held in confinement in a licensed veterinarian's animal
hospital under the supervision of a licensed veterinarian and in quarantine for obser-
vation for a period of ten (10) days from the date the bite occurred at the expense of
the owner or keeper of the animal.
B. Quarantine Of Animal Bitten By Rabid Animal: Any animal bitten or attacked by
any known rabid animal shall be quarantined under direction of the health officer by
being confined and in quarantine as provided above for a minimum of ninety (90) days.
C. Application for Home Quarantine; Conditions: The owner or keeper of any dog or
cat or other animal which has bitten a person may apply to the city manager to have
the animal released for the purpose of home quarantine. Home quarantine may be
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permitted at the city manager's sole discretion. If the city manager allows home con-
finement, all of the following conditions must be met, including but not limited to:
1 . The animal must have a current rabies vaccination. The vaccination certifica-
tion must bear the description of the animal, the type of vaccine used, the expiration
of the vaccination, and the signature of the veterinarian administering the vaccina-
tion.
2. The animal must have a current city license, if the animal is six (6) months of
age or older.
3. The animal must not have been running at large at the time of the bite.
4. The animal has not previously bitten any person.
5. Prior to approval of home quarantine, the owner or keeper must have the ani-
mal examined by a veterinarian, licensed in the state of Iowa, who shall certify that
the animal appears to be free of rabies or any other zoonosis. Such examination
and certification must be repeated on the tenth day.
6. The owner or keeper must demonstrate to the satisfaction of the city manager
that the owner or keeper has the proper facilities and the ability to adequately and
properly confine the animal to the owner or keeper's home or property during the
quarantine period.
7. The owner or keeper must agree to immediately notify the city manager of any
changes in the animal's health or disposition, to allow representatives of the city
manager to enter upon the property and to examine the animal at any time and to
immediately take the animal to a licensed veterinarian for examination at any time
when directed by the city manager.
8. The owner or keeper must agree to promptly pay all costs of veterinarian ex-
aminations during the quarantine period.
9. The owner or keeper must further agree to immediately surrender the animal
at any time the city manager determines that the home quarantine should be termi-
nated, or at any time that any provisions or conditions of home quarantine are vio-
lated, in which event the animal shall be put in the custody of a licensed veterinarian
of the state of Iowa in the city of Dubuque for the remainder of the quarantine period.
10. If the city manager determines at any time that home confinement is not ap-
propriate for the animal, quarantine at a veterinary hospital shall be ordered.
11 . The person bitten, or, if a minor, the person's parent or guardian, must sign
an acknowledgment indicating that the person has been advised of the risks of ra-
bies, that if the animal disappears during home quarantine, the person may have to
undergo post exposure rabies prophylaxis, and that the person does not object to
home quarantine. The acknowledgment shall also relieve the city of Dubuque, its
agents, officers, and employees from any liability if the animal disappears during
home quarantine.
12. The owner or keeper shall also execute an indemnity agreement in favor of
the city of Dubuque, which shall provide that the owner or keeper shall save harm-
less, defend and indemnify the city of Dubuque and its officers, agents and employ-
ees from any or all claims of any kind arising out of the home quarantine.
13. The owner or keeper shall agree in writing that if the animal disappears during
the home quarantine, the owner or keeper shall indemnify the person bitten for any
and all medical expenses incurred as a result of the disappearance of the animal.
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Acceptance of any such payments by the person bitten shall not in any way release
the owner or keeper from any other liability the owner may have to the person bitten
by reason of the animal bite. It shall be the sole responsibility of the person bitten,
and not the responsibility of the city, to enforce such agreement. This subsection
shall not apply if the person bitten is the owner or keeper of the animal or any person
residing with the owner or keeper.
D. Wild Animals: If an undomesticated or wild animal such as a skunk, bat, fox,
raccoon or other carnivore bites a person, whether or not the animal's owner or keeper
is known, the animal shall be humanely destroyed and examined for rabies immedi-
ately.
Section 8. Section 7-6C-3 of the City of Dubuque Code of Ordinances is amended to
read as follows:
7-6C-3: REPORTING RABIES; NOTICE TO CITY MANAGER:
A. It shall be the duty of the owner or keeper of any cat, dog or other domesticated
animal suspected of being rabid that has attacked, bitten or caused any skin abrasion
upon any person to report such incident to the city manager.
B. It shall be the duty of the victim who has been attacked, bitten or caused a skin
abrasion by any cat, dog or other domesticated animal suspected of being rabid to
report such incident to the city manager.
C. It shall be the duty of any health care provider or veterinarian practice immedi-
ately to transmit information to the city manager that may come to such health care
provider or veterinarian practice through such health care provider's or veterinarian
practice's professional capacity with reference to any person having been attacked,
bitten or having skin abrasions by any dog, cat or other domestic animal.
Section 9. Section 7-6D-1 of the City of Dubuque Code of Ordinances is amended to
read as follows:
7-6D-1 : DEFINITIONS:
Unless otherwise expressly stated or the context clearly indicates a different intention,
the following terms shall, for the purpose of this article, have the meanings in this section:
CITY: The city of Dubuque.
CITY MANAGER, CHIEF OF POLICE, AND CITY CLERK Those employees of the
city of Dubuque duly appointed and holding those positions.
DANGEROUS ANIMAL:
A. Any animal which is not naturally tame or gentle, and which is of a wild nature or
disposition, and which is capable of killing, inflicting serious injury upon, or causing
disease among, human beings or domestic animals and having known tendencies as
a species to do so;
B. Any animal(s) declared to be dangerous by the city manager or the city manager's
designee; or
C. The following animals which shall be deemed to be dangerous animals per se:
1 . Lions, tigers, jaguars, leopards, cougars, lynx and bobcats;
2. Wolves, coyotes and foxes;
3. Badgers, wolverines, weasels, skunks and mink;
4. Raccoons;
5. Bears;
6. All apes, baboons, macaques, monkeys and chimpanzees;
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7. Alligators and crocodiles;
8. Scorpions;
9. Snakes that are:
a. Any member of the family atractaspidae, including but not limited to mole
vipers and burrowing asps.
b. Any member of the family elapidae, voperidae, crotalidae, atractaspidae, or
hydrophidae which are venomous, including but not limited to cobras, mambas,
coral snakes, kraits, adders, vipers, rattlesnakes, copperheads, pit vipers, keel-
backs, cottonmouths, and sea snakes.
c. Any member of the superfamily henophidia, which are limited to reticulated
pythons, anacondas, and African rock pythons.
10. Reptiles that are venomous;
11 . Gila monsters;
12. Opossums; and
13. Any crossbreed of such animals which have similar characteristics of the an-
imals specified above.
Section 10. Section 7-6D-4 of the City of Dubuque Code of Ordinances is amended to
read as follows:
7-6D-4: EXCEPTIONS TO KEEPING AND LICENSING RESTRICTIONS:
The prohibition contained in section 7-6D-3 of this article and the licensing provisions
of section 7-6D-5 of this article shall not apply to the keeping of dangerous animals in the
following circumstances:
A. The keeping of dangerous animals in a public zoo, bona fide educational or med-
ical institution, humane society, or museum where they are kept as live specimens for
the public to view, or for the purpose of instruction, research or study.
B. The keeping of dangerous animals for exhibition to the public by a bona fide
traveling circus, carnival, exhibit or show licensed to perform in the city.
C. The keeping of dangerous animals in a bona fide, licensed veterinary hospital for
treatment.
D. The keeping of dangerous animals by a wildlife rescue organization, with appro-
priate permit from the Iowa conservation commission or the Iowa department of natural
resources.
E. Any dangerous animals under the jurisdiction of and in the possession of the Iowa
conservation commission, pursuant to chapter 109 or 109A of the Iowa Code.
F. A bona fide commercial pet shop licensed and inspected by the Iowa department
of agriculture. Any such pet shop shall post in a conspicuous place, the following no-
tice:
NOTICE
Section 7-6D-3 of the City of Dubuque Code of Ordinances prohibits the keeping,
sheltering or harboring for any purpose within the City of Dubuque, any dangerous
animal, as defined in Section 7-6D-1. Dangerous animal includes, but is not limited
to, the following:
1. Lions, tigers,jaguars, leopards, cougars, lynx and bobcats;
2. Wolves, coyotes and foxes;
3. Badgers, wolverines, weasels, skunks and mink.
4. Raccoons;
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5. Bears;
6. All apes, baboons, macaques, monkeys and chimpanzees;
7. Alligators and crocodiles;
8. Scorpions;
9. Snakes that are:
a. Any member of the family atractaspidae, including but not limited to mole vipers
and burrowing asps.
b. Any member of the family elapidae, voperidae, crotalidae, atractaspidae, or
hydrophidae which are venomous, including but not limited to cobras, mambas,
coral snakes, kraits, adders, vipers, rattlesnakes, copperheads, pit vipers, keel-
backs, cottonmouths, and sea snakes.
c. Any member of the superfamily henophidia, which are limited to reticulated
pythons, anacondas, and African rock pythons.
10. Reptiles that are venomous;
11. Gila monsters;
12. Opossums; and
13. Any crossbreed of such animals which have similar characteristics of the an-
imals specified above.
Section 11 . Section 7-6E-2 of the City of Dubuque Code of Ordinances is amended to
read as follows:
7-6E-2: PROCEDURE FOR DECLARATION OF POTENTIALLY VICIOUS DOG:
A. Basis for Declaration: The city manager may find and declare an animal poten-
tially vicious based upon the following:
1 . The written complaint of a citizen that the animal has acted in a manner set
forth in section 7-6E-1 of this article;
2. Dog bite reports filed with the health services department;
3. Actions of the dog witnessed by any animal control officer or law enforcement
officer; or
4. Other substantial evidence.
B. Service Of Declaration Upon Owner: The declaration of a potentially vicious dog
shall be in writing and shall be served on the owner or keeper in one of the following
methods: personally, by certified mail to the owner at the owner's or keeper's last
known address, or if the owner or keeper cannot be served personally or by mail, by
publication in a newspaper of general circulation in the county.
C. Contents Of Declaration: The declaration shall state:
1 . The description of the animal;
2. The name and address of the owner or keeper of the animal, if known;
3. The whereabouts of the animal, if not in the custody of the owner or keeper;
4. The facts upon which the declaration of potentially vicious dog is based;
5. The owner's or keeper's right to a hearing if the person objects to the declara-
tion;
6. The restrictions placed upon the animal as a result of the declaration of poten-
tially vicious dog; and
7. The penalties for a violation of such restrictions.
8. If the city manager so determines, that the owner or keeper be required to have
microchip identification implanted in the dog.
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D. Objections of Owner: The owner or keeper may object to the declaration of po-
tentially vicious dog by requesting a hearing before the city manager by submitting a
written request to the city manager within ten (10) days of the date of mailing of the
declaration, or within ten (10) days of the publication of the declaration.
1 . If the city manager finds that there is insufficient evidence to support the dec-
laration, it shall be rescinded, and the restrictions imposed thereby annulled.
2. If the city manager finds sufficient evidence to support the declaration, the city
manager shall provide the owner with written notice of such determination within five
(5) working days after the hearing.
3. Prior to and pending the outcome of the hearing, the owner or keeper of a dog
that has been declared potentially vicious must comply with all conditions and re-
strictions set forth by the city manager.
4. If it is determined by the animal control officer or law enforcement officer that
probable cause exists to believe the dog in question poses an immediate threat to
public safety, then the animal control officer or law enforcement officer may seize
and impound the dog pending the hearing to be held pursuant to this article. The
owner or keeper of the dog shall be liable to the city or county where the dog is
impounded for the costs and expenses of keeping the dog if the dog is later deter-
mined to be potentially vicious. When a dog has been impounded and it is not con-
trary to public safety, the animal control officer shall permit the animal to be confined
at the owner's expense in a health services department approved kennel or veteri-
nary facility.
Section 12. Title 7, Chapter 6 of the City of Dubuque Code of Ordinances is amended
by adding the following:
ARTICLE F. VICIOUS DOGS AND CATS
7-6F-1 : DEFINITION:
A "vicious animal" is deemed so when it has attacked or bitten any person on more
than one occasion without provocation or when an attack or bite results in serious bodily
injury.
7-6F-2: PROCEDURE FOR DECLARATION OF VICIOUS ANIMAL:
A. Basis for Declaration: The city manager may find and declare an animal vicious
based upon the following:
1 . When the animal has attacked or bitten any person on more than one occasion
without provocation or when an attack or bite results in serious bodily injury.
B. Service of Declaration Upon Owner: The declaration of a vicious animal shall be
in writing and shall be served on the owner or keeper in one of the following methods:
personally, by certified mail to the owner at the owner's or keeper's last known address,
or if the owner or keeper cannot be served personally or by mail, by publication in a
newspaper of general circulation in the county.
C. Contents of Declaration: The declaration shall state:
1 . The description of the animal;
2. The name and address of the owner or keeper of the animal, if known;
3. The facts upon which the declaration of vicious animal is based;
4. The restrictions placed upon the animal as a result of the declaration of vicious
animal;
5. The penalties for a violation of such restrictions;
85
6. If the city manager so determines, that the owner or keeper be required to have
microchip identification implanted in the animal; and
7. The owner or keeper must keep the vicious animal within the city and under
the owner or keeper's ownership until resolution of the matter through city admin-
istration or the judicial system.
D. If it is determined by the animal control officer or law enforcement officer that
probable cause exists to believe the animal in question poses an immediate threat to
public safety, then the animal control officer or law enforcement officer may seize and
impound the animal pending the resolution pursuant to this article. The owner or keeper
of the animal shall be liable to the city or county where the animal is impounded for the
costs and expenses of keeping the animal if the dog is determined to be vicious.
7-6F-3: NOTIFICATION OF STATUS OF VICIOUS ANIMAL:
A. The owner or keeper shall immediately notify the city manager when an animal
which has been classified as vicious:
1 . Is loose or unconfined;
2. Has bitten a human being or attacked another animal; or
3. Dies.
B. A vicious animal may not be sold, given away, or moved to another location prior
to resolution of the matter through city administration or the judicial system.
7-6F-4: EXCEPTIONS TO CLASSIFICATION:
A. No animal may be declared vicious if:
1 . Any injury or damage was sustained by a person who, at the time of the injury
or damage was sustained, was committing a wilful trespass or other tort upon prem-
ises occupied by the owner or keeper of the animal, or was teasing, tormenting,
abusing, or assaulting the animal, or was committing or attempting to commit a
crime;
2. The animal was protecting or defending a person within the immediate vicinity
of the animal from an unjustified attack or assault; or
3. The injury or damage was sustained by a person or a domestic animal, which
at the time of the injury or damage was sustained, was teasing, tormenting, abusing
or assaulting the animal.
B. No animal may be declared vicious if the injury or damage to a domestic animal
was sustained while the animal was working as a hunting dog, herding dog or predator
control dog on the property of, or under the control of, its owner or keeper, and the
damage or injury was to a species or type of domestic animal appropriate to the work
of the dog.
7-6F-5: DISPOSITION OF VICIOUS ANIMAL:
A. License and Vaccination; Fee: A vicious animal shall be properly licensed and
vaccinated. The vicious designation shall be included in the registration records of the
animal. The city may charge a vicious animal fee in addition to the regular licensing
fee to provide for the increased costs of maintaining the records of the animal.
B. Confinement; Restraint: A vicious animal, while on the owner's or keeper's prop-
erty, shall at all times be kept indoors or in a securely fenced yard from which the
animal cannot escape and into which people cannot trespass. A vicious animal may
be off the owner's or keeper's premises only if restrained by a substantial leash, of
86
appropriate length, and if the animal is under the control of a responsible adult and is
humanely muzzled.
C. Notice of Death: If a vicious animal dies, the owner or keeper of the animal shall
notify the city manager of the death of the animal in writing within two (2) working days.
Passed, approved, and adopted the 5th day of June, 2017.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 9th day of June, 2017.
/s/Kevin S. Firnstahl, City Clerk
11 . Code of Ordinances Amendment - Titles 7 & 10 Firearms, Fireworks and Environ-
mental Stewardship Advisory Commission: City Manager recommending approval of
amendments to City of Dubuque Code of Ordinances Sections 7-5A-10, Weapons, Fire-
arms and Fireworks; 7-5A-16, Hunting and Target Practice Permitted; and 10-5B-12, Pos-
session of Firearms, Weapons and Fireworks. Motion by Lynch 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 Connors. Motion failed 5-2 with Del Toro and Rios voting
nay.
Motion by Jones to consider the first reading of the proposed ordinances amending
City of Dubuque Code of Ordinances Title 7 Police, Fire and Public Safety, Chapter 5
Offenses, Article A General Offenses, Section 7-5A-10 Weapons, Firearms and Fire-
works; Amending City of Dubuque Code of Ordinances Title 7 Police, Fire and Public
Safety, Chapter 5 Offenses, Article A General Offenses, Section 7-5A-16 Hunting and
Target Practice Permitted; and Amending City of Dubuque Code of Ordinances Title 10
Public Ways and Property, Chapter 5 Parks and Recreation, Article B Use Regulations,
Section 10-5B-12 Possession of Firearms, Weapons and Fireworks. Seconded by Res-
nick. Responding to questions from the City Council, City Manager Van Milligen reviewed
what other Iowa cities are doing in response to the new state law; Police Chief Mark
Dalsing addressed the issue of a possible increase in police calls; and Assistant City
Attorney Maureen Quann stated that should the ordinances not be passed prior to the
July 4th holiday, the current City ordinance would remain in effect. Motion carried 6-1 with
Del Toro voting nay.
12. Request for Work Session - Community Health Needs Assessment and Health
Improvement Plan: City Manager recommending approval to schedule a work session on
the Community Health Needs Assessment and Health Improvement Plan for 6:00 p.m.
on Monday, June 12, 2017. Motion by Jones to receive and file the documents and set
the work session as recommended. Seconded by Lynch. Motion carried 7-0.
There being no further business, upon motion the City Council adjourned at 8:20 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
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