Voluntary Annexation Request — Dubuque Metropolitan Area Solid Waste Agency (applicant and property owner) Copyrighted
June 1, 2026
City of Dubuque PUBLIC HEARINGS # 1.
City Council
ITEM TITLE: Voluntary Annexation Request— Dubuque Metropolitan Area
Solid Waste Agency (applicant and property owner)
SUMMARY: Proof of Publication on notice of public hearing to consider
approval of a Voluntary Annexation Request from the
Dubuque Metropolitan Area Solid Waste Agency and City
Manager recommending approval.
RESOLUTION Approving an Application for Voluntary
Annexation of Territory to the City of Dubuque, lowa
SUGGUESTED Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
1. MVM Memo - Voluntary Annexation Request— Dubuque Metropolitan Area Solid
Waste Agency (applicant and property owner)
2. Staff Memo
3. Resolution City Annexation 2026 - DMASWA
4. Annexation Staff Report - DMASWA
5. Annexation Application
6. Exhibit A - DMASWA 2026
7. Exhibit B - DMASWA 2026
8. Exhibit C - Annexation Legal - DMASWA
Page 742 of 1000
Dubuque
THE CITY OF �
uhA�eMa cin
DuB E ; . � ,
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Maste iece on the Mississi t 2oo�•zoiz•zois
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Voluntary Annexation Request— Dubuque Metropolitan Area Solid Waste
Agency (applicant and property owner)
DATE: May 26, 2026
Planning Services Director Wally Wernimont is recommending City Council approval of
a Voluntary Annexation Request from the Dubuque Metropolitan Area Solid Waste
Agency (applicant and property owner).
It is recommended that the City Council approve the annexation request for the reasons
described in the enclosed staff report, and summarized below:
■ It is 100% voluntary and in compliance with lowa Code,
■ It is consistent with the Imagine Dubuque Comprehensive Plan,
■ It is consistent with lowa Smart Planning Principles,
■ the City of Dubuque has the capacity to provide substantial municipal
services to the annexation territory,
■ the future growth and development of the City of Dubuque, lowa makes it
desirable that the annexation territory be made part of the City of Dubuque,
lowa; and
■ the annexation is in the public interest.
The City received a written application from the Dubuque Metropolitan Area Solid Waste
Agency (applicant and property owner) for voluntary annexation of approximately
126.69 acres. The annexation territory is comprised of agricultural and open land just
south of the landfill in Dubuque County.
The submitted annexation request is to allow the development of the land for use as
part of the sanitary landfill. DMASWA's strategic plan estimates that with this added
area, the landfill will have capacity for 190+ years. DMASWA will go through the
process of obtaining permits for future landfill cell expansion that would use this land.
By lowa Code, the annexation will be subject to final approval of the State of lowa's City
Development Board because the property is considered to be in an urbanized area
since it is within two miles of the City of Peosta.
Page 743 of 1000
I concur with the recommendation and respectfully request Mayor and City Council
approval.
v
Mic ael C. Van Milligen
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Wally Wernimont, Planning Services Director
2
Page 744 of 1000
Dubuque
THE CITY OF �
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Du B E ,��.,,��,�
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TO: Michael C. Van Milligen, City Manager
FROM: Wally Wernimont, Planning Services Director
SUBJECT: Voluntary Annexation Request — Dubuque Metropolitan Area Solid
Waste Agency (applicant and property owner)
DATE: May 21, 2026
INTRODUCTION
This memorandum transmits a 100% voluntary annexation request for City Council
approval after a public hearing. The request is filed by the Dubuque Metropolitan Area
Solid Waste Agency (applicant and property owner) for approximately 126.69 acres of
property. The resolution, maps, and other supporting documentation are enclosed.
DISCUSSION
The City received a written application from the Dubuque Metropolitan Area Solid Waste
Agency (applicant and property owner) for voluntary annexation of approximately
126.69 acres. The annexation territory is comprised of agricultural and open land just
south of the landfill in Dubuque County.
The submitted annexation request is to allow the development of the land for use as
part of the sanitary landfill. DMASWA's strategic plan estimates that with this added
area, the landfill will have capacity for 190+ years. DMASWA will go through the
process of obtaining permits for future landfill cell expansion that would use this land.
By lowa Code, the annexation will be subject to final approval of the State of lowa's City
Development Board because the property is considered to be in an urbanized area
since it is within two miles of the City of Peosta.
RECOMMENDATION
I recommend that the City Council approve the annexation request for the reasons
described in the enclosed staff report, and summarized below:
■ It is 100% voluntary and in compliance with lowa Code,
■ It is consistent with the Imagine Dubuque Comprehensive Plan,
■ It is consistent with lowa Smart Planning Principles,
■ the City of Dubuque has the capacity to provide substantial municipal
services to the annexation territory,
Page 745 of 1000
■ the future growth and development of the City of Dubuque, lowa makes it
desirable that the annexation territory be made part of the City of Dubuque,
lowa; and
■ the annexation is in the public interest.
Enclosures
F:\Users\Planning SecWnnexation\DMASWA 2026\Public Hearing Documents\01 Staff memo to MVM-DMASWA-Request Annex
Approval.docx
2
Page 746 of 1000
Prepared by: Wally Wernimont, City Planner Address: City Hall, 50 W. 13th St, Telephone: 589-4210
Return to: Trish Gleason, Assistant City Clerk Address: City Hall, 50 W. 13th St. Telephone: 589-4120
RESOLUTION NO. 217-26
RESOLUTION APPROVING AN APPLICATION FOR VOLUNTARY ANNEXATION OF
TERRITORY TO THE CITY OF DUBUQUE, IOWA
Whereas, the City Council of Dubuque has received a written application from the
Dubuque Metropolitan Area Solid Waste Agency (applicant and property owner) for the
voluntary annexation of 126.69 acres of property. The property is comprised of
agricultural and open land to the south of the DMASWA landfill as shown on Exhibit A
and legally described as:
1 . LOT 1 OF THE SE '/4 OF THE SE '/4 OF SECTION 1 , IN TOWNSHIP 88
NORTH, RANGE 1 EAST OF THE 5TH P.M., IN DUBUQUE COUNTY,
IOWA, ACCORDING TO THE GOVERNMENT SURVEY AND THE
RECORDED PLAT OF SAID SUBDIVISION.
2. THE N 1/2 OF THE NE '/ OF THE NE '/4 OF SECTION 12, IN TOWNSHIP
88 NORTH, RANGE 1 EAST OF THE 5TH P.M., IN DUBUQUE COUNTY,
IOWA, ACCORDING TO THE GOVERNMENT SURVEY AND THE
RECORDED PLAT OF SAID SUBDIVISION.
3. LOT TWO (2) LANDFILL SOUTH SUBDIVISION IN SECTION 6,
TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M.,
ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY AND
THE RECORDED PLATS THEREOF, SUBJECT TO HIGHWAY AND
EASEMENTS OF RECORD.
Resolution No. a 11 _- 2'
Page 2
4. LOT 1 AND LOT 2 OF THE SW '/ OF THE SW 1/4 OF SECTION 6,
TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M.,
ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY AND
THE RECORDED PLATS THEREOF, EXCEPT THAT PORTION TAKEN
FOR HIGHWAY PURPOSES.
5. LOT TWO (2) OF THE SE IA OF THE SW '/4 OF SECTION 6, TOWNSHIP
88 NORTH, RANGE 2 EAST OF THE 5TH P.M., ACCORDING TO THE
UNITED STATES GOVERNMENT SURVEY AND THE RECORDED
PLATS THEREOF, EXCEPT THAT PORTION TAKEN FOR HIGHWAY
PURPOSES.
6. LOT 2 OF THE SUBDIVISION OF THE E OF THE NW '/4 AND THE
NW '/4 OF THE NW '/4 OF SECTION 7, TOWNSHIP 88 NORTH, RANGE
2 EAST OF THE 5TH P.M., ACCORDING TO THE UNITED STATES
GOVERNMENT SURVEY AND THE RECORDED PLATS THEREOF,
EXCEPT THAT PORTION TAKEN FOR HIGHWAY PURPOSES.
Whereas, the annexation territory is not subject to an existing annexation
moratorium agreement and does not include any railroad property; and
Whereas, Chapter 368 of the Code of Iowa authorizes this annexation by adoption
of a resolution and required notification; and
Whereas, the annexation territory is consistent with the City's Comprehensive
Plan; and
Whereas, the future growth and development of the City of Dubuque, Iowa makes
it desirable that the annexation territory be made part of the City of Dubuque, Iowa; and
Whereas, the City of Dubuque has the capacity to provide substantial municipal
services to the annexation territory; and
Whereas, the annexation is in the public interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1 . That the application for the voluntary annexation of property by the
Dubuque Metropolitan Area Solid Waste Agency (applicant and property owner)
consisting of 126.69 acres as shown on Exhibit A is hereby approved for annexation to
the City of Dubuque.
Section 2. That, subject to the approval of the City Development Board, the
corporate limits of the City of Dubuque be and they hereby are extended to include the
approximately 126.69 acres of annexation territory as shown on Exhibit A Annexation
Map and Exhibit C Annexation Legal Description.
Resolution No. 1-1 - 2gp
Page 3
Section 3. That the City Council does hereby certify that the City of Dubuque
has complied with the notice and hearing requirements of the Iowa Code pertaining to
100% voluntary annexation of territory within the urbanized area of another city.
Section 4. That if the City Development Board approves this annexation, the
territory hereby annexed shall become a part of Ward One of the City of Dubuque.
Section 5. That the City Clerk shall file this resolution, all exhibits and the
applications for voluntary annexation with the City Development Board of the State of
Iowa in accordance with the provisions of Chapter 368 of the Iowa Code.
Passed, approved, and adopted this 1st day of June2026.
-d 4 avanagh, Mayor
Attest:
Trish Gleason, Assistant City Clerk
ANNEXATION STAFF REPORT Council Agenda: June 1, 2026
Property Location: 101 Airborne Road, PINs 1401400005, 1412226001,
1506326003, 1506351004, 1506376002 and1507101002
Property Owner: Dubuque Metropolitan Solid Waste Agency
Applicant: Kenneth Miller, Solid Waste Agency Administrator
Proposed Land Use: Landfill
Proposed Zoning: Hlc Heavy Industrial with conditions
Existing Land Use: Agricultural, Open Space
Existing Zoning: County A-1 Agricultural, County R-1 Rural Residential, County R-2
Single Family Residential, and County C-1 Conservancy
Adjacent Land Use: Adjacent Zoning:
North — Landfill North — Hlc
East — Highway East — None
South —Agriculture, Open space South — County A-1, R-1, R-2, C-1
West —Agriculture, Open space West—AG
Flood Plain: Yes, on/along the creek running through portions of the subject area.
The area is undeveloped.
Total Area: 126.69 acres
City Services Provided:
Water: An existing water main extends to the north side of the DMASWA property.
Sanitary Sewer: Sanitary sewer lines are extended to several parts of the property.
Storm Sewer: Several storm sewer drains and outlets are located along Airborne Road.
Existing Street Access: Airborne Road is accessed from Seippel Road to the north.
Lost Canyon Road accesses the property from the south.
Future Street Access: The property may be accessed from an extension of the road
within the landfill.
Other Services: Police, Fire, and Emergency Response is available.
Purpose: The submitted rezoning request is to allow the Dubuque Metropolitan Area
Solid Waste Agency to facilitate the Sanitary Disposal Permit process with the lowa
Page 750 of 1000
Annexation Staff Report — Dubuque Metropolitan Area Solid Waste Agency Page 2
Department of Natural Resources in order to permit the remaining developable space at
the existing site.
Property History: The property has always been located in the county. It is zoned
County A-1 Agricultural, County R-1 Rural Residential, County R-2 Single Family
Residential, and County C-1 Conservancy districts. The property has historically had
agricultural use with associate residence. Much of the area is undeveloped.
Physical Characteristics: The subject property is in Dubuque County just outside the
city of Dubuque limits and is in the process of being annexed into the city of Dubuque. It
is six parcels totaling 126.69 acres and is owned by the Dubuque Metropolitan Solid
Waste Agency. The property is currently a mix of agriculture and open space land uses.
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Subject parcels shown in blue with surrounding City zoning
Imagine Dubuque Comprehensive Plan:
The Imagine Dubuque Comprehensive Plan goals promote solid waste reduction and
pollution mitigation, in part to extend the capacity life of the landfill. The City's Future
Land Use Map identifies the subject site as Heavy Industrial, the same as the rest of the
landfill. The proposed project would relate to the following recommendations of the
Comprehensive Plan:
Page 751 of 1000
Annexation Staff Report — Dubuque Metropolitan Area Solid Waste Agency Page 3
- Evaluate whether local solid waste can begin to incorporate a compost
component, similar to Des Moines, that would provide a source of compost for
local gardens & production.
- Explore incentives for backyard and curbside composting that reduce the
proportion of landfilled food.
- Explore a community-wide Zero Waste Policy that creates a closed-circuit
economy of low-impact or reduced consumption lifestyle and marketplace for
post-consumer products.
Future Land Use Map — The property is identified primarily as Industrial on the Future
Land Use Map. Portions of it are identified as Single-Family Residential and Public
Open Space along the creek.
Impact of Request on:
Utilities:
• City water is available on the north side of the DMASWA property.
• City sanitary sewer is present on several parts of the DMASWA property.
• Storm water along Airborne Road is managed by several storm sewer drains.
• Natural gas would be provided by a private utility.
Traffic Patterns/Counts: Airborne Road had a daily traffic count of 101 vehicles in
2020. Seippel Road had a daily traffic count of 4,590 vehicles in 2021.
Public Services: City of Dubuque Fire and Police Departments will serve the subject
site.
Environment: DMASWA manages solid waste in an environmentally friendly manner,
with an engineered base which will be combined with a collection system for the
leachate (the liquid generated as waste breaks down) to protect and prevent the
contamination of the soil and groundwater. To improve air quality, the DMASWA
landfill also has a gas collection system to capture methane (a highly potent
greenhouse gas) produced as the waste in the landfill breaks down which is
converted to Renewable Natural Gas. There are about 13 years' capacity left within
the current boundaries of the landfill. Without access to a local solid waste disposal
facility, all waste generated in the area would have to be hauled by truck to another
location, increasing the waste's greenhouse gas impact.
Adiacent Properties: The subject property is on the edge of the Dubuque city limits,
so the properties to the east and south are in unincorporated Dubuque County.
Those properties are a mix of forest land, farmland, single-family residences, and
highway. The property to the west is zoned AG. The property to the north is part of
the DMASWA landfill and is also zoned Hlc.
CIP Investments: None.
Page 752 of 1000
Annexation Staff Report — Dubuque Metropolitan Area Solid Waste Agency Page 4
Staff Analysis: The Dubuque Metropolitan Area Solid Waste Agency (property owner
and applicant) is requesting annexation of the subject property. Once the property is
annexed and rezoned, the property owner intends to develop land to be used as part of
the sanitary landfill. To facilitate that development and to ensure the Dubuque area
continues to have landfill capacity, the applicant is seeking annexation. DMASWA's
strategic plan estimates that with this added area, the landfill will have capacity for 190+
years. DMASWA will go through the process of obtaining permits for future landfill cell
expansion that would use this land.
The subject property is currently in unincorporated Dubuque County with a mix of
agricultural, conservancy, and residential zoning. The City of Dubuque is working to
annex the property concurrent with this rezoning.
The Comprehensive Plan goals promote solid waste reduction, composting, and
pollution mitigation. With this land incorporated as part of the landfill, DMASWA
estimates there would be capacity for 193 years of continued use here, and without it,
there is capacity for 13 years of use. The City's Future Land Use Map identifies the
subject site as Heavy Industrial, the same as the rest of the landfill.
Adequate city utilities are available nearby and could be extended to the subject
property.
The City's Development Review Team would review changes to the site. Prior to any
development taking place on the property, DMASWA would need to obtain permits from
the lowa Department of Natural Resources, Army Corps of Engineers, and Federal
Emergency Management Agency.
Planning staff recommends City Council approval of the voluntary annexation request.
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Prepared by: ��" �(�C��- Reviewed: Date: 5/21/26
Page 753 of 1000
7'I IE CI7'Y C�F City of Dubuque
Planning Services Department
DT T� T Dubuque,IA 52001-4845
U � Phone: 563-589-4210
Fax: 563-589-4221
MCfStPI'�71ECf 011 f�IP!�/IISSIS51���71 planninq cityofdubuque.orq
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Zonin4 Advisory Zoninu Board of Development Services Historic Preservation Commission
Commission Adiustment
� Annexation ❑ Demolition Review
❑ Amended PUD ❑ Conditional Use Permit ❑ Limited Setback Waiver ❑ Historic Revolving Loan
❑ Rezoning/PUD/ID ❑ Special Exception ❑ Site Plan Simple ❑ Certificate of Economic Non-Viability
❑ Text Amendment ❑ Variance ❑ Site Plan Minor ❑ Design Review Certificate of
❑ Simple Subdivision ❑ Appeal ❑ Site Plan Major Appropriateness
❑ Preliminary Plat ❑ Simple Subdivision ❑ Advisory Design Review (Public
❑ Major Final Plat ❑ Temporary Use Permit Projects)
❑ Minor Final Plat ❑ Port of Dubuque/ ❑ Historic Designation
❑ Waiver from Site Chaplain Schmitt Island
Design Standards Design Review
. , . ., . . . . - . . - . , -, .
A. Property Information
Site Location/Address:101 Airborne Road, Dubuque, IA 52003
Legal Description/Parcel ID#/Subdivision: 1401400005,1412226001,1506326003,1506351004,1506376002,1507101002
Existing Zoning: COUnty proposed Zoning: Clty H IC site Area (square feet/acres): 12G.GJ aCl"@S
Historic District: _andmark: ❑ Yes ❑X No
B. Describe proposal and reason for application (attach a letter of explanation, if necessary):
To annex property into the city of Dubuque to facilitate the Sanitary Disposal Permit process with the lowa
Department of Natural Resources in order to permit the remaining developable space at the existing site.
C. Applicant/Agent Information
Name: Kenneth Miller Phone: 563-589-4354
aaaress: 925 Kerper Ct �;ty: Dubuque
state: �A z�p: Ema;i: kmiller@cityofdubuque.org
D. Property Owner(s) Information
Name�s�: Dubuque Metropolitan Area Solid Waste Agency Pnone: 563-557-8220
Adaress: 925 Kerper Ct �;ty: Dubuque
state: IA Z;p: 52001 Ema;�: dmaswa@cityofdubuque.org
E. Certification: I/we, the undersigned, do hereby certify/acknowledge that:
1. Payment does not guarantee approval and fees are nonrefundable;
2. All additional required written and graphic materials are attached;
3.It is the property owner's responsibility to locate property lines and to review the abstract for easements and restrictive
covenants; and
4.The information submitt � ain is tr a c ect to the best of my/our knowledge and upon submittal becomes
public record. ��� �
Applicant/Agent: �� Date:
Property OwnerGs)�: DMASWA - Signing on their behalf Date:
�
• • •
Fee$NA Ck# ❑CC ❑Cash Received by Date
Page 754 of 1000
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EXHIBIT C
The legal description of the proposed annexation territory is:
1. LOT 1 OF THE SE '/4 OF THE SE '/4 OF SECTION 1, IN TOWNSHIP 88
NORTH, RANGE 1 EAST OF THE 5T" P.M., IN DUBUQUE COUNTY,
IOWA, ACCORDING TO THE GOVERNMENT SURVEY AND THE
RECORDED PLAT OF SAID SUBDIVISION.
2. THE N '/2 OF THE NE '/4 OF THE NE '/4 OF SECTION 12, IN TOWNSHIP
88 NORTH, RANGE 1 EAST OF THE 5T" P.M., IN DUBUQUE COUNTY,
IOWA, ACCORDING TO THE GOVERNMENT SURVEY AND THE
RECORDED PLAT OF SAID SUBDIVISION.
3. LOT TWO (2) LANDFILL SOUTH SUBDIVISION IN SECTION 6,
TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5T" P.M.,
ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY AND
THE RECORDED PLATS THEREOF, SUBJECT TO HIGHWAY AND
EASEMENTS OF RECORD.
4. LOT 1 AND LOT 2 OF THE SW '/4 OF THE SW '/4 OF SECTION 6,
TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5T" P.M.,
ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY AND
THE RECORDED PLATS THEREOF, EXCEPT THAT PORTION TAKEN
FOR HIGHWAY PURPOSES.
5. LOT TWO (2) OF THE SE '/4 OF THE SW '/4 OF SECTION 6, TOWNSHIP
88 NORTH, RANGE 2 EAST OF THE 5T" P.M., ACCORDING TO THE
UNITED STATES GOVERNMENT SURVEY AND THE RECORDED
PLATS THEREOF, EXCEPT THAT PORTION TAKEN FOR HIGHWAY
PURPOSES.
6. LOT 2 OF THE SUBDIVISION OF THE E '/2 OF THE NW '/4 AND THE
NW '/4 OF THE NW '/4 OF SECTION 7, TOWNSHIP 88 NORTH, RANGE
2 EAST OF THE 5T" P.M., ACCORDING TO THE UNITED STATES
GOVERNMENT SURVEY AND THE RECORDED PLATS THEREOF,
EXCEPT THAT PORTION TAKEN FOR HIGHWAY PURPOSES.
Page 757 of 1000
STATE OF IOWA SS:
DUBUQUE COUNTY
CERTIFICATE OF PUBLICATION
I, Kathy Goetzinger, a Billing Clerk for Woodward
Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the
attached notice was published in said newspaper on the
following dates:
05/08/2026
and for which the charge is 59.57
Subscribed to before me, a Notary Public-ifi and for
Dubuque County, Iowa,
this 8th day of May, 2026
Notary ' in and for Dubuque County, Iowa.
930341./Z ° �
saaidx3 uoissiwwoo AW "" z
69966t .agwnN uoissiwwoO o
3dVd °)I MVPs 7Vo0J
Ad text :
CITY OF DUBUQUE, IOWA OFFICIAL NOTICE
NOTICE IS HEREBY GIVEN that the City Council of Dubuque,
Iowa will hold a public hearing on a voluntary annexation
request by:
The Dubuque Metropolitan Area Solid Waste Agency (applicant
and property owner) for the voluntary annexation of six
parcels totaling 126.69 acres of property. The property is
comprised of land in Dubuque County zoned agricultural,
conservancy, and residential.
The public hearing will be held on Monday, June 1, 2026, at
6:30 p.m. in the City Council Chambers, Historic Federal
Building 350 W. 6th Street, Dubuque, Iowa
The legal description of the City of Dubuque proposed
annexation territory is:
1. Lot 1 of the SE ? of the SE ? of Section 1, in Township
88 North, Range 1 East of the 5th P.M., in Dubuque County,
Iowa, according to the Government Survey and the Recorded Plat
of said Subdivision.
2. The N ? of the NE ? of the NE ? of Section 12, In
Township 88 North, Range 1 East of The 5th P.M., In Dubuque
County, Iowa, according to the Government Survey and the
Recorded Plat of Said Subdivision.
3. Lot Two (2) Landfill South Subdivision in Section 6,
Township 88 North, Range 2 East of the 5th P.M., According to
the United States Government Survey and the Recorded Plats
Thereof, Subject to Highway and Easements of Record.
4. Lot 1 And Lot 2 of the SW ? of the SW ? of Section 6,
Township 88 North, Range 2 East of the 5th P.M., According to
the United States Government Survey and the Recorded Plats
Thereof, Except That Portion Taken for Highway Purposes.
5. Lot Two (2) of the SE ? of the SW ? of Section 6,
Township 88 North, Range 2 East of the 5th P.M., According to
the United States Government Survey and the Recorded Plats
Thereof, Except That Portion Taken for Highway Purposes.
6. Lot 2 of the Subdivision of the E ? of the NW ? and the
NW ? of the NW ? of Section 7, Township 88 North, Range 2 East
of the 5th P.M., According to the United States Government
Survey and the Recorded Plats Thereof, Except That Portion
Taken for Highway Purposes.
At the meeting, the City Council will receive oral and
written comments from any resident or property owner of said
City to the above action. The official City Council agenda
will be posted the Friday before the meeting and will contain
public input options. The agenda can be accessed at
https://dubuqueia.portal.civicclerk.com/ or by contacting the
City Clerk's Office at 563-589-4100,
ctyclerk@cityofdubuque.org.
Written comments on the public hearing may be submitted to
the City Clerk's Office by email at ctyclerk@cityofdubuque.org
or by mail to City Hall, 50 W. 13th St., Dubuque, IA 52001,
before the scheduled hearing. The City Council will review all
written comments at the time of the hearing.
Documents related to the public hearing are on file in the
City Clerk's Office and may be viewed Monday through Friday
between 8:00 a.m. and 5:00 p.m.
Individuals requiring special assistance should contact the
City Clerk's Office as soon as feasible. Deaf or
hard -of -hearing individuals can use Relay Iowa by dialing 711
or (800) 735-2942.
Published by order of the City Council given on the 4th day
of May 2026.
/s/Trish L. Gleason, Assistant City Clerk
l t 5/8
IOWA ECONOMIC DEVELOPMENT AUTHORITY
1903 Bett Avenue. Suite 200 1 Des Moines, Iowa 50315 USA I Phone: 515.3.48.6200
iowaeda.com
E 7
July 13, 2026
City of Dubuque
Attn: City Council
50 West 13th Street
Dubuque, IA 52001
RE: City Development Board Case File UA26-16 DUBUQUE
To Whom It May Concern:
Economic Devetopment
Pursuant to Iowa Code Sections 368.7 and 368.20, the City Development Board is required to file
copies of the proceedings for any boundary adjustment with the Clerk of each city involved.
Enclosed are the Findings of Fact and Conclusions of Law and the Final Order approving the
voluntary annexation petition submitted by the City of DUBUQUE. If no appeal is filed within 30
days of the date of the Order, the City Development Board will file copies of these proceedings with
both the Iowa Secretary of State and the DUBUQUE County Recorder to complete the
annexation. All recording and filing fees will be billed to the City of DUBUQUE.
Please note the following statutory requirements:
• Iowa Code Section 476.26 provides that the annexation, incorporation, or consolidation of
territory containing electric utility facilities or service areas does not affect the utility's rights
to continue providing service or to extend service to prospective customers in accordance
with the law.
• Under Iowa Code Section 312.3(4), the Mayor and Council must certify to the State
Treasurer the actual population of the annexed area, as determined by the most recent
federal census. Certification should be submitted to:
Treasurer of the State of Iowa
c/o RUT Accounting
1 st Floor, Lucas State Office Building
321 E. 12th Street
Des Moines, IA 50319
The annexation will be considered complete once the City has received written acknowledgement
from the Iowa Secretary of State. If you have any questions, please contact CDBCcDiowaeda.com or
515-348-6197.
Respectfully,
Jessie ra e
City Development Board Program Manager
cc: City Clerk — City of Dubuque
City Attorney — City of Dubuque
City Administrator— City of Dubuque
Planning Services Department — City of Dubuque
• • • ! • i 0 • • • ! • • • • • • • • • i • • • • • * G-104EEiNOR XIM I' EY' O—DS I LT GONERhOR CHRIS COURNOYER I DIRECTOR DEB- M R"AM
CITY DEVELOPMENT BOARD
STATE OF IOWA
NO. UA26-16 / DUBUQUE
IN THE MATTER OF THE CITY OF )
DUBUQUE VOLUNTARY ANNEXATION WITHIN THE ) WRITTEN DECISION
URBANIZED AREA OF THE CITY OF PEOSTA )
)
TO: Cities of DUBUQUE and PEOSTA, DUBUQUE County Board of Supervisors, DUBUQUE County Attorney,
East Central Intergovernmental Association, Iowa Attorney General, Iowa Department of Transportation,
Affected Public Utilities and Impacted Parties
You and each of you are hereby notified that the City Development Board has approved the annexation of territory to the
City of DUBUQUE under City Development Board Case File No. UA26-16 DUBUQUE. Please find enclosed the
Findings of Fact, Conclusions of Law, Determination, and Final Order by the City Development Board approving the
annexation. An appeal of the Board's decision may be filed within 30 days of the date of the enclosed Order.
If no appeal is filed within 30 days of the date of the Order, the City Development Board will file with the Iowa Secretary
of State and record with the DUBUQUE County Recorder to complete this annexation.
If you have any questions or need more information, please contact us at 515-348-6197 or email cdb@iowaeda.com.
Dated this 08T" day of JULY, 2026,
CITY DEVELO MENT ARD
Jessica D,Ake — rogram Manager
UA26-16 DUBUQUE July OB, 2026
Prepared by: Jessica Drake, City Development Board Program Manager / Phone: (515) 348-6197 / Email: jessica.drake(o2lcretaEDA_corn
IEDA / 1963 Bell Avenue, Suite 200 / Des Moines, IA 50315
PROOF OF SERVICE
The undersigned hereby certifies that a true copy of the foregoing instrument was served upon:
Entity
City of Dubuque
City of Dubuque
City of Dubuque
City of Dubuque
City of Dubuque
City of Dubuque
Dubuque County Attorney
Dubuque County Auditor
Dubuque County Recorder
Dubuque County Board of Supervisors
City of Peosta
Iowa Department of Transportation
Dubuque Metropolitan Area Solid Waste Agency
East Central Intergovernmental Association
Alliant Energy
AT&T Corp
Bernard Telephone
Black Hills Energy
BP Pipeline
Cascade Communications
Central Broadband
CenturyLink
Comelec
ICN Iowa Communications Network
ImOn Communications
ITC
Mediacom
Maquoketa Valley Rural Electric
Unite Private Networks
USIC
Verizon
WIN - Wisconsin Independent Network
Windstream Enterprise
Dubuque County Zoning
ECIA
Title
Attn: Trish Gleason - Asst City Clerk
Attn: Michael Van Milligen- City Manager
Attn: City Council
Attn: Crenna Brumwell - City Attorney
Attn: Wally Wernimont - Planning Services Manager
Attn: Jason Duba
Attn: Scott Nelson
Attn: Keith Lucy
Attn: Ann E. Sweeney
Attn: Joshua Dausener
Attn: Hector Torres -Cacho
Attn: Kenneth Miller
400 E 14th Street
Add1
50 West 13th Street
50 West 13th Street
50 West 13th Street
50 West 13th Street
50 West 13th Street
50 West 13th Street
PO BOX 5001
PO BOX 5001
PO BOX 5001
720 Central Avenue - 4th Floor
PO BOX 65
5455 Kirkwood Blvd. SW
925 Kerper Court
7600 Commerce Park
8000 Chavenelle Road
620 - 9th Street
PO BOX 680
1015 Cedar Cross Road
30 South Wacker Drive, Suite 900
106 Taylor Street SE
PO BOX 260
100 CenturyLink Drive
4190 Pennslyvania
Grimes State Office Building
101 3rd Avenue SW, Suite 400
123 - 5th Street SE
2205 Ingersoll
109 N. Huber Street
3900 Fountains Blvd NE, Suite 202
901 Rockford Road SW
140 West Street
4955 Bullis Farm Road
3002 Westwood Drive NW
1225 Seippel Road
7600 Commerce Park
City State Zip
Dubuque IA 52001
Dubuque IA 52001
Dubuque IA 52001
Dubuque IA 52001
Dubuque IA 52001
Dubuque IA 52001
Dubuque IA 52001
Dubuque IA 52001
Dubuque IA 52001
Dubuque IA 52001
Peosta IA 52068
Cedar Rapids IA 52404
Dubuque IA 52001
Dubuque IA 52002
Dubuque IA 52002
Des Moines IA 50309
Bernard IA 52032
Dubuque IA 52003
Chicago IL 60606
Cascade IA 52033
Eldridge IA 52748
Monroe LA 71203
Dubuque IA 52002
Des Moines IA 50319
Cedar Rapids IA 52404
Cedar Rapids IA 52401
Des Moines IA 50309
Anamosa IA 52205
Cedar Rapids IA 52411
Cedar Rapids IA 52404
New York NY 10007
Eau Claire WI 54701
Cedar Rapids IA 52406
Dubuque IA 52002
Dubuque IA 52002
Said copy was mailed in an envelope addressed to them at the address shown above, with postage fully paid and by
depositing same in a United States Post Office depository in Des Moines, Iowa, on the 13t' day of JULY, 2026.
LOCAL DELIVERY
Honorable Brenna Bird, Iowa Attorney General
CITY DEV PME OAR
Jessica rake—' Program Manager
UA26-16 DUBUQUE July 08, 2026
Prepared by: Jessica Drake, City Development Board Program Manager / Phone: (515) 348-6197 / Email: jessica.drakej�i_)iawaEDA-con
IEDA / 1963 Bell Avenue, Suite 200 / Des Moines, IA 50315
CITY DEVELOPMENT BOARD
STATE OF IOWA
NO. UA26-161 DUBUQUE
IN THE MATTER OF THE CITY OF )
DUBUQUE VOLUNTARY ANNEXATION WITHIN THE ) FINDINGS OF FACT
URBANIZED AREA OF THE CITY OF PEOSTA )
TO: Cities of DUBUQUE and PEOSTA, DUBUQUE County Board of Supervisors, DUBUQUE County
Attorney, East Central Intergovernmental Association, Iowa Attorney General, Iowa Department of
Transportation, Affected Public Utilities and Impacted Parties
STATEMENT OF THE CASE
The City of DUBUQUE (hereinafter the "City") filed its request for City Development Board approval of annexation
of territory within the urbanized area of the City of PEOSTA on June 04, 2026. Notice of City Development Board
review of the request and owner's application was given on June 05, 2026, and the Board considered the matter
at its July 08, 2026 meeting. The City Development Board, having considered the City's request for approval, the
property owner's application and all evidence submitted by the affected parties, hereby makes the following findings
of fact, conclusions of law and determination:
FINDINGS OF FACT
1. On April 13, 2026, by written application, which included a map, Kenneth Miller, on behalf of the Dubuque
Metropolitan Area Solid Waste Agency, requested that the City of DUBUQUE annex the following described
property owned by them and located in DUBUQUE County, Iowa:
The proposed annexation territory is described in Appendix A
attached hereto and by this reference made a part of.
2. On May 08, 2026, the City of DUBUQUE provided notice of the proposed annexation and Notice of a Public
Hearing relating to the proposed annexation to be held on June 01, 2026 to the City of PEOSTA, DUBUQUE
County Board of Supervisors, DUBUQUE County Attorney, East Central Intergovernmental Association,
Iowa Attorney General, Iowa Department of Transportation, Affected Public Utilities and Impacted
Parties.
UA26-16 Dubuque July 08, 2026
Prepared by: Jessica Drake, City Development Board Program Manager / Phone: (515) 348-6197 / Email: pes--4jca.drakefa2lowaEDA.com
IEDA / 1963 Bell Avenue, Suite 200 / Des Moines, IA 50315
3. On May 08, 2026, the City of DUBUQUE published in an official newspaper Notice of Public Hearing on June
01, 2026 at the City of DUBUQUE Council Meeting to consider the application for the voluntary annexation.
4. On April 23, 2026, the DUBUQUE County Auditor verified the legal description and ownership of each parcel
contained within the annexation territory.
5. By Resolution #217-26 dated June 01, 2026, which contained a legal description, the City Council of the City
of DUBUQUE voted to approve the requested annexation.
6. The area to be annexed is within two (2) miles of the City of PEOSTA and is therefore within its urbanized area.
7. The area to be annexed has a common boundary with the City of DUBUQUE of at least fifty (50) feet.
8. The area to be annexed does not contain railroad right of way.
9. Tax abatement IS NOT provided upon completion of the annexation.
10. On June 04, 2026, the City of DUBUQUE requested that the City Development Board approve the annexation
of the territory described in finding number one (1). Said request included a copy of the owner's application,
maps and resolution.
11. On June 05, 2026, the City Development Board notified, by mail, the cities of DUBUQUE and PEOSTA,
DUBUQUE County Board of Supervisors, DUBUQUE County Attorney, East Central Intergovernmental
Association, Iowa Attorney General, Iowa Department of Transportation, Affected Public Utilities and
Impacted Parties of the proposed annexation and request for approval. Said notice invited oral and written
evidence relative to the proposed annexation.
12. The Board considered the City's request at its July 08, 2026 meeting and found it to be complete and properly
filed.
13. The Board received no response from any governmental unit, business or individual.
14. Based on the information favoring the annexation found in the City's request and other materials filed by the
City of DUBUQUE and the absence of evidence of any potential adverse consequences, the Board finds the
annexation to be in the public interest.
CONCLUSIONS OF LAW
1. The territory to be annexed "adjoins" the City of DUBUQUE as the term is defined in Iowa Code Section 368.1(1)
and is within the "urbanized area" of the City of PEOSTA, as the term is defined in Iowa Code Section 368.1(16).
2. The City published notice of the filing of the application and provided copies of the proposed annexation to
parties in accordance and/or substantial compliance with the requirements of Iowa Code Section 368.5 and
Iowa Code Section 368.7.
3. The City Development Board possesses jurisdiction to approve or decline the application for annexation in
accord with Iowa Code Section 368.7(3). If the application is approved by the Board, the Board is required to
file portions of the proceedings in accord with Iowa Code Section 368.7.
4. The Resolution by the City Council of DUBUQUE conforms to Iowa Code Section 368.7.
5. The City of DUBUQUE's request for Board approval and the annexation is insubstantial compliance with Iowa
Administrative Code r. 263-7.2.
6. In accord with the standards set forth in Iowa Code Chapter 368, including the presumption of validity for
voluntary annexation approval set forth in Iowa Code Section 368.6, the annexation proposal is in the public's
interest.
UA26-16 Dubuque July 08, 2026
Prepared by: Jessica Drake, City Development Board Program Manager / Phone: (515) 348-61971 Email: iessica.drake!�IowaEDA.com
IEDA / 1963 Bell Avenue, Suite 200 / Des Moines, IA 50315
Dated this 8th day of JULY, 2026.
CITY DEVELOPMENT BOARD
-IhowaJ Tyehx-ile
Thomas Treharne (Jul 13, 2026 08:26:11 CDT)
Thomas Treharne, Board Chair
UA26-16 Dubuque July 08, 2026
Prepared by: Jessica Drake, City Development Board Program Manager / Phone: (515) 348-6197 / Email: jessica.drakef&low aEDAcom
IEDA / 1963 Bell Avenue, Suite 200 / Des Moines, IA 50315
THEREFORE, IT IS ORDERED that the application of the following described territory to the City of DUBUQUE is
hereby approved:
The proposed annexation territory is described in Appendix A and attached
hereto and by this reference made a part of.
IT IS FURTHER ORDERED that the owner's annexation application and maps, City Council Resolution, notices of
Board review and this Order be filed by the Board with the City Clerk of the City of DUBUQUE and that the Board
file a copy of the map and legal description with the Iowa Department of Transportation.
To complete the annexation process, the Board Administrator shall mail a copy of this Order and other relevant
documents to the DUBUQUE County Recorder and Iowa Secretary of State on or after the 315t day following
issuance of this Order. To request a stay of completion of the annexation process, a person or city authorized by
Iowa Code Section 368.22 to appeal this Order must deliver to the Board Administrator a timely written request for
a stay accompanied by notice of the filing of a petition for judicial review or intent to file a petition for judicial review.
Any such request shall be referred to the Board for action at its next regularly scheduled meeting or at a special
meeting.
Dated this 8th day of JULY, 2026.
CITY DEVELOPMENT BOARD
-[how aj Tvehanie
Thomas Trehame (Jul 13, 202608:26:11 CDT)
Thomas Treharne, Board Chair
UA26-16 Dubuque July 08, 2026
Prepared by: Jessica Drake, City Development Board Program Manager / Phone: (515) 348-6197 / Email: jessic3.draker :cr:a D _ram r
IEDA 11963 Bell Avenue, Suite 200 / Des Moines, IA 50315
PROOF OF SERVICE
The undersigned hereby certifies that a true copy of the foregoing instrument was served upon:
Entity
City of Dubuque
City of Dubuque
City of Dubuque
City of Dubuque
City of Dubuque
City of Dubuque
Dubuque County Attorney
Dubuque County Auditor
Dubuque County Recorder
Dubuque County Board of Supervisors
City of Peosta
Iowa Department of Transportation
Dubuque Metropolitan Area Solid Waste Agency
East Central Intergovernmental Association
Alliant Energy
AT&T Corp
Bernard Telephone
Black Hills Energy
BP Pipeline
Cascade Communications
Central Broadband
CenturyLink
Comelec
ICN Iowa Communications Network
ImOn Communications
ITC
Mediacom
Maquoketa Valley Rural Electric
Unite Private Networks
USIC
Verizon
WIN- Wisconsin Independent Network
Windstream Enterprise
Dubuque County Zoning
ECIA
Title
Attn: Trish Gleason - Assl City Clerk
Attn: Michael Van Milligen - City Manager
Attn: City Council
Attn: Crenna Brumwell - City Attorney
Attn: Wally Wernimont - Planning Services Manager
Attn: Jason Duba
Attn: Scott Nelson
Attn: Keith Lucy
Attn: Ann E. Sweeney
Attn: Joshua Dausener
Attn: Hector Torres -Cacho
Attn: Kenneth Miller
400 E 14th Street
Addi
50 West 13th Street
50 West 13th Street
50 West 13th Street
50 West 13th Street
50 West 13th Street
50 West 13th Street
PO BOX 5001
PO BOX 5001
PO BOX 5001
720 Central Avenue - 4th Floor
PO BOX 65
5455 Kirkwood Blvd. SW
925 Kerper Court
7600 Commerce Park
8000 Chavenelle Road
620 - 9th Street
PO BOX 680
1015 Cedar Cross Road
30 South Wacker Drive, Suite 900
106 Taylor Street SE
PO BOX 260
100 CenturyLink Drive
4190 Pennslyvania
Grimes State Office Building
101 3rd Avenue SW, Suite 400
123 - 5th Street SE
2205 Ingersoll
109 N. Huber Street
3900 Fountains Blvd NE, Suite 202
901 Rockford Road SW
140 West Street
4955 Bullis Farm Road
3002 Westwood Drive NW
1225 Seippel Road
7600 Commerce Park
City State Zip
Dubuque IA 52001
Dubuque IA 52001
Dubuque IA 52001
Dubuque IA 52001
Dubuque IA 52001
Dubuque IA 52001
Dubuque IA 52001
Dubuque IA 52001
Dubuque IA 52001
Dubuque IA 52001
Peosta IA 52068
Cedar Rapids IA 52404
Dubuque IA 52001
Dubuque IA 52002
Dubuque IA 52002
Des Moines IA 50309
Bernard IA 52032
Dubuque IA 52003
Chicago IL 60606
Cascade IA 52033
Eldridge IA 52748
Monroe LA 71203
Dubuque IA 52002
Des Moines IA 50319
Cedar Rapids IA 52404
Cedar Rapids IA 52401
Des Moines IA 50309
Anamosa IA 52205
Cedar Rapids IA 52411
Cedar Rapids IA 52404
New York NY 10007
Eau Claire WI 54701
Cedar Rapids IA 52405
Dubuque IA 52002
Dubuque IA 52002
Said copy was mailed in an envelope addressed to them at the address shown above, with postage fully paid and by
depositing same in a United States Post Office depository in Des Moines, Iowa, on the 13th day of JULY, 2026.
LOCAL DELIVERY
Honorable Brenna Bird, Iowa Attorney General
CITY DEVELOMENT 06ARD
A
Jessica DVre Program Manager
UA26-16 DUBUQUE July 08, 2026
Prepared by: Jessica Drake, City Development Board Program Manager / Phone: (515) 348-6197 / Email: jess1ca.drakela_iowaEDA.com
IEDA / 1963 Bell Avenue, Suite 200 / Des Moines, IA 50315
APPENDIX A
LEGAL DESCRIPTION OF TERRITORY PROPOSED TO BE ANNEXED
TO THE CITY OF DUBUQUE, IA
CDB CASE NO. UA26-16
1. LOT 1 OF THE SE'/ OF THE SE'/4 OF SECTION 1, IN TOWNSHIP 88 NORTH, RANGE 1 EAST OF THE 5TH
P.M., IN DUBUQUE COUNTY, IOWA, ACCORDING TO THE GOVERNMENT SURVEY AND THE
RECORDED PLAT OF SAID SUBDIVISION.
2. THE N'/z OF THE NE'/ OF THE NE'/4 OF SECTION 12, IN TOWNSHIP 88 NORTH, RANGE 1 EAST OF THE
5TH P.M., IN DUBUQUE COUNTY, IOWA, ACCORDING TO THE GOVERNMENT SURVEY AND THE
RECORDED PLAT OF SAID SUBDIVISION.
3. LOT TWO (2) LANDFILL SOUTH SUBDIVISION IN SECTION 6, TOWNSHIP 88 NORTH, RANGE 2 EAST OF
THE 5TH P.M., ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY AND THE RECORDED
PLATS THEREOF, SUBJECT TO HIGHWAY AND EASEMENTS OF RECORD.
4. LOT 1 AND LOT 2 OF THE SW'/4 OF THE SW'/4 OF SECTION 6, TOWNSHIP 88 NORTH, RANGE 2 EAST
OF THE 5TH P.M., ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY AND THE RECORDED
PLATS THEREOF, EXCEPT THAT PORTION TAKEN FOR HIGHWAY PURPOSES.
5. LOT TWO (2) OF THE SE% OF THE SW'/4 OF SECTION 6, TOWNSHIP
88 NORTH, RANGE 2 EAST OF THE 5TH P.M., ACCORDING TO THE UNITED STATES GOVERNMENT
SURVEY AND THE RECORDED PLATS THEREOF, EXCEPT THAT PORTION TAKEN FOR HIGHWAY
PURPOSES.
6. LOT 2 OF THE SUBDIVISION OF THE E '/2 OF THE NW'/4 AND THE NW'/4 OF THE NW'/4 OF SECTION 7,
TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., ACCORDING TO THE UNITED STATES
GOVERNMENT SURVEY AND THE RECORDED PLATS THEREOF, EXCEPT THAT PORTION TAKEN FOR
HIGHWAY PURPOSES.
The annexation territory extends to the centerline of all secondary roads adjacent to the territory described above.
UA26-16 DUBUQUE July 08, 2026
Prepared by: Jessica Drake, City Development Board Program Manager / Phone: (515) 348-6197 / Email: pesssca_drakeelowaEDA.com
IEDA / 1963 Bell Avenue, Suite 200 / Des Moines, IA 50315
APPENDIX B
MAPS OF THE TERRITORY PROPOSED TO BE ANNEXED
TO THE CITY OF DUBUQUE
CDB CASE NO. UA26-16
'IRV.
Y.e:Srpare all dcmivisippl iz..'.''.'.
Annexation iWap
r', ; City of Dibuque Lim is
Dh1F.SNAI ANaexatlor s
Owner. Eubuque Mokcipulitari
At--9s SDW Vaske
OORTICy
Acreage: 126.69 acres
112.x
UA26-16 DUBUQUE July 08, 2026
Prepared by: Jessica Drake, City Development Board Program Manager / Phone: (515) 348-6197 / Email: iessica.drake0kwaEDAoom
IEDA / 1963 Bell Avenue, Suite 200 / Des Moines, IA 50315
DMASWA Annexation
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UA26-16 DUBUQUE July 08, 2026
Prepared by: Jessica Drake, City Development Board Program Manager I Phone: (515) 348-6197 / Email: jessica.dra9ce�dGmeoaEDP_ccm
IEDA / 1963 Bell Avenue, Suite 200 / Des Moines, IA 50315