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11 21 16 City Council Proceedings Official - RegularCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:00 p.m. on Monday, November, 21, 2016 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Connors, Del Toro, Jones, Lynch, Resnick, Rios (via telephone); 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 PROCLAMATION Small Business Saturday (November 26, 2016) was accepted by Molly Grover, Presi- dent & CEO of the Dubuque Area Chamber of Commerce. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Connors. County Supervisor Jay Wickham requested (#9) Dubuque Metropolitan Area Solid Waste Agency Financing Plan be held for separate discussion. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council Proceedings of 11/3, 11/7, 11/14; Ca- ble TV Commission of 11/2; Library Board of Trustees of 8/25, 9/12; Transit Advisory Board of 10/6; Zoning Advisory Commission of 11/2; Zoning Board of Adjustment of 10/27; Proof of publication for City Council Proceedings of 10/27, 11/3; Proof of publica- tion for Notice of Delinquent Water, Sewer, Refuse & Stormwater Collection Accounts of 10/28. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Jarrod Wernimont for property damage; City of Dubuque vs. Dull Mullen / Abigail Land Holdings 10 LLC. Upon motion the documents were re- ceived, filed and referred to the 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: Jarrod Wernimont for property damage. Upon motion the documents were received, filed and concurred. 1 4. Investment Policy Certificate of Excellence Award: Communication from the Asso- ciation of Public Treasurers of the United States and Canada presenting the City of Dubu- que with the Investment Policy Certificate of Excellence Award. Upon motion the docu- ments were received and filed. 5. Quarterly Investment Report: City Manager transmitting Quarterly Investment Re- port for September 30, 2016. Upon motion the documents were received and filed. 6. Iowa Urban Renewal Annual Report for Fiscal Year 2016: City Manager recom- mending approval of the Fiscal Year 2016 Iowa Urban Renewal Report for the City of Dubuque. Upon motion the documents were received and filed and Resolution No. 389- 16 Approving the Fiscal Year 2016 Urban Renewal Report for the City of Dubuque was adopted. RESOLUTION NO. 389-16 APPROVING THE FISCAL YEAR 2016 URBAN RENEWAL REPORT FOR THE CITY OF DUBUQUE Whereas, the Iowa Legislature approved HF 2460 in the 2012 Legislative Session, amending the current law pertaining to urban renewal districts; and Whereas, HF 2460, otherwise known as the Urban Renewal Reporting Act of 2012, aims to increase transparency in the utilization of tax increment financing; and Whereas, HF 2460 requires an annual urban renewal report be approved by the ma- jority of a local governing body that had an active urban renewal plan anytime during the most recently ended fiscal year; and Whereas, City staff have fulfilled the requirements outlined in the Act through a web - based reporting tool hosted by the Iowa Department of Management. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Fiscal Year 2016 Urban Renewal Report for the City of Dubuque, be approved. Section 2. That the Budget Director of the City of Dubuque, Iowa is hereby authorized and directed to submit the Report, with a record of this approval, to the Iowa Department of Management. Passed, approved and adopted this 21 st day of November, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 7. Fiscal Year 2016 State of Iowa Annual Financial Report: City Manager recommend- ing approval of the City of Dubuque Fiscal Year 2016 State of Iowa Annual Financial Report. Upon motion the documents were received, filed and approved. 8. City of Dubuque 2017 State Legislative Priorities: City Manager transmitting the City of Dubuque recommended 2017 State Legislative Priorities to be presented to area leg- islators at the annual Legislative Dinner on November 29, 2016, at 5:30 p.m. at the Grand River Center. Upon motion the documents were received, filed and approved. 9. Dubuque Metropolitan Area Solid Waste Agency (DMASWA) Financing Plan: City Manager recommending City Council authorization for the Dubuque Metropolitan Area Solid Waste Agency to borrow money and endorse the financing plan for its Cell #9 Phase III Construction Project. Motion by Jones to receive and file the documents and adopt Resolution No. 390-16 Consenting to Financing Plan for Dubuque Metropolitan Area Waste Authority. Seconded by Resnick. Dubuque County Supervisor Jay Wickham ad- dressed the City Council requesting that other financing options be explored that involve the City or the Agency. City Manager Van Milligen described the Board of Supervisors' past approvals of the agreement. Motion carried 6-1 with Del Toro voting nay. RESOLUTION NO. 390-16 CONSENTING TO FINANCING PLAN FOR DUBUQUE METROPOLITAN AREA WASTE AUTHORITY Whereas, the Board of Supervisors of Dubuque County, Iowa (the "County") and the City Council (the "Council") of the City of Dubuque, Iowa (the "City") have authorized and executed a certain Intergovernmental Agreement Creating the Dubuque Metropolitan Area Solid Waste Agency (the "28E Agreement") pursuant to Chapter 28E of the Code of Iowa; and Whereas, the terms of the 28E Agreement provide for the creation of the Dubuque Metropolitan Area Solid Waste Agency (the "Agency") for the purposes of providing for the economic transport, processing, and disposal of all solid waste produced within the metropolitan area of the Agency; and Whereas, the Agency has authority pursuant to the 28E Agreement and Chapter 28F of the Code of Iowa to issue revenue bonds and interim financing notes to pay the costs of projects undertaken by the Agency; and Whereas, the Agency has proposed to undertake the construction of landfill facilities improvements, including the Cell 9 Phase III Project, improvements to the landfill mainte- nance facility and other capital improvement needs for the landfill (the "Projects"); and Whereas, D.A. Davidson, the Agency's Financial Advisor (the "Financial Advisor"), has prepared a financing plan (the "Financing Plan") for the funding of the Project; and Whereas, the Financing Plan includes: (1) the issuance by the County of General Obligation Landfill Facility Bonds (the "General Obligation Bonds") in a principal amount not to exceed $5,300,000; and (2) the execution of a revenue disbursement agreement (the "Revenue Agreement") between the Agency and the County covering revenue pay- ments by the Agency to the County in an amount equal to the principal and interest to be paid on the General Obligation Bonds, plus reasonable administrative fees to compensate the County for its issuance and maintenance of those Bonds; and Whereas, it is now necessary for the Council to take action to approve the Financing Plan, the issuance of the General Obligation Bonds and the execution of the Revenue Agreement; NOW, THEREFORE, it is hereby resolved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. The City hereby approves the undertaking of the Project and the Financing Plan as prepared and presented by the Financial Advisor. Section 2. The County's issuance of the General Obligation Bonds, as described in the Financing Plan and the preamble hereof, is hereby acknowledged and approved. Section 3. The execution by the Agency of the Revenue Agreement, as described in the Financing Plan and the preamble hereof, is hereby approved pursuant to Chapter 28F of the Code of Iowa. The Agency's fulfillment of its payment obligations to the County under the Revenue Agreement is here by approved. Section 4. All resolutions or parts thereof in conflict herewith be and the same are hereby repealed to the extent of such conflict. Passed and approved November 21, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 10. US EPA Consent Decree Certification Remedial Measures: City Manager recom- mending approval for the City Manager to certify and submit the City of Dubuque Certifi- cation of Work Completed Through 2016 to the US Department of Justice, US EPA and the Iowa Department of Natural Resources. Upon motion the documents were received, filed and approved. 11. Total Administrative Services Corporation (TASC) Renewal Fee Approval: City Manager recommending approval of the renewal rates received from the City's flexible spending plan administrator, Total Administrative Services Corporation, effective January 1, 2017, through December 31, 2017. Upon motion the documents were received, filed and approved. 12. Gallagher Benefit Services Renewal: City Manager recommending approval of an amendment to the Administrative Services Agreement with Gallagher Benefit Services, Inc. for benefit and consulting and actuarial services effective July 1, 2016 through De- cember 31, 2016, and authorize the City Manager to sign the amendment. Upon motion the documents were received, filed and approved. 13. City Hall Electrical Service Project Acceptance: City Manager recommending ac- ceptance of the public improvement construction contract for the Dubuque City Hall Elec- trical Service Project, as completed by Hawkeye Electrical. Upon motion the documents were received and filed and Resolution No. 391-16 Accepting the Dubuque City Hall - Electrical Services Project and authorizing the payment to the contractor was adopted. RESOLUTION NO. 391-16 ACCEPTING THE DUBUQUE CITY HALL - ELECTRICAL SERVICE PROJECT AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the Dubuque City Hall - Electrical Ser- vice Project (the Project) has been completed by the Contractor, Hawkeye Electrical (Contractor), the City Engineer has examined the work and recommends that the Project be accepted; and Whereas, the final contract amount for the Project is $27,378.00; and Whereas, the Contractor has previously been paid $25,100.00, leaving a balance of $2,278.00; and Whereas, the City Council finds that the recommendation of the City Engineer should be accepted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor the balance of the retainage of $2,278.00 as provided in Iowa Code chapter 573, and to pay such retainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code chapter 26.13. Passed, approved and adopted this 21 st day of November, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE CITY HALL ELECTRICAL SERVICE PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the City Hall Electrical Service Project, and the said Project has been per- formed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $32,128.00. Dated this 15th day of November, 2016. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 15th day of November, 2016. /s/Kevin S. Firnstahl, City Clerk 14. 2016 Bridge Repair and Maintenance Project Acceptance: City Manager recom- mending acceptance of the public improvement construction contract for the 2016 Bridge Repairs and Maintenance Project, as completed by Tschiggfrie Excavating, Co. Upon motion the documents were received and filed and Resolution No. 392-16 Accepting the 2016 Bridge and Maintenance Project and authorizing the payment to the contractor was adopted. RESOLUTION NO. 392-16 ACCEPTING THE 2016 BRIDGE REPAIRS AND MAINTENANCE PROJECT AND AU- THORIZING THE PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the 2016 Bridge Repairs and Mainte- nance (the Project) has been completed by the Contractor, Tschiggfrie Excavating, Co. (Contractor), the City Engineer has examined the work and recommends that the Project be accepted; and Whereas, the final contract amount for the Project is $309,118.40; and Whereas, the Contractor has previously been paid $293,662.48, leaving a balance of $15,455.92; and Whereas, the City Council finds that the recommendation of the City Engineer should be accepted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor the balance of the retainage of $15,455.92 as provided in Iowa Code chapter 573, and to pay such retainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code chapter 26.13. Passed, approved and adopted this 21 st day of November, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE 2016 BRIDGE REPAIRS AND MAINTENANCE PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the 2016 Bridge Repairs and Maintenance Project, and that said Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $357,720.60. Dated this 15th day of November, 2016. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 15th day of November, 2016. /s/Kevin S. Firnstahl, City Clerk 15. Workers Compensation Claims Administrative Services Agreement: City Manager recommending approval of the Agreement between the City of Dubuque and Alternative Services Concepts for services related to the administration of the City's Worker's Com- pensation Program, and authorization for the City Manager to execute the Agreement. Upon motion the documents were received, filed and approved. 16. Iowa DOT Cooperative Agreement for Improvement to US Highway 20 / Menards Frontage Road: City Manager recommending approval of a resolution authorizing the Mayor to execute the Iowa Department of Transportation Cooperative Preconstruction Funding Agreement for the Southwest Arterial — Menards Frontage Road and Improve- ments to U.S. Highway 20. Upon motion the documents were received and filed and Res- olution No. 393-16 Approving the Cooperative Preconstruction Funding Agreement (Agreement No. 2016-16-207) between the City of Dubuque and Iowa Department of Transportation for the Southwest Arterial - Menards Frontage Road and Improvement to US Highway 20 was adopted. RESOLUTION NO. 393-16 APPROVING THE COOPERATIVE PRECONSTRUCTION FUNDING AGREEMENT (AGREEMENT NO. 2016-16-207) BETWEEN THE CITY OF DUBUQUE AND IOWA DE- PARTMENT OF TRANSPORTATION FOR THE SOUTHWEST ARTERIAL - MENARDS FRONTAGE ROAD AND IMPROVEMENTS TO US HIGHWAY 20 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 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, with the future construction of the Southwest Arterial - US20 interchange and the spacing requirements for priority access control standards, this will require the removal of the existing at-grade intersection into the Menards property; and Whereas, a new public access frontage road will be constructed to serve the Westside Court and Menards properties. The Menards Frontage Road project will also reconstruct the existing US20 - Old Highway Road intersection, widen a section of US20 to 6-lanes and adding dual left and dual right turn lanes; and Whereas, the City was responsible for the design and property acquisition for the Menards Frontage Road project. The Iowa DOT is responsible for the costs associated with the construction and completion of the Menards Frontage Road project; and Whereas, following the Transfer of Jurisdiction after the Southwest Arterial is com- pleted and open to traffic, the Menards Frontage Road will become a local public City street; and Whereas, in accordance with the provisions of Iowa Administrative Code, the City is responsible for all costs associated with the relocation, modification or adjustment of the City's public utilities that are impacted by the project; and Whereas, per the terms and conditions of the Cooperative Preconstruction Agreement, the City will be responsible for the following utility related costs: • 100% of the cost for sanitary sewer relocation, modification, or adjustments. • 30% of the cost for storm sewer relocation, modification, adjustments. • 100% of the cost for water main relocation, modification, or adjustments. • 100% of the cost for salvaging traffic control equipment. • 10% of the cost for mobilization. • 10% of the cost for traffic control. • 10% of the cost for construction survey. Whereas, the estimate of probable cost for the City's cost share associated with the relocation, modification or adjustment of public utilities that are impacted by the project is summarized as follows: Whereas, the anticipated funding for the project summary is as follows: CIP No. Estimate Bid Award Sanitary Sewer Relocation, Modification, Adjustment $ 58,248 $ 57,959 Storm Sewer Relocation, Modification, Adjustment 448,614 538,694 Watermain Relocation, Modification, Adjustment 566,817 509,539 Traffic Signal Modifications 5,884 10,116 107,739 Total Project Cost - City Share $ 1,079,563 $ 1,116,308 Whereas, the anticipated funding for the project summary is as follows: CIP No. Fund Description Estimate Bid Award DMATS STP Funds $ 858,943 $ 884,953 710 2669 SW Arterial - Menards Frontage Rd Utility Relocations (Sanitary Const Fund) 11,650 11,592 720 2669 SW Arterial - Menards Frontage Rd Utility Relocations (Stormwater Const Fund) 89,723 107,739 740 2594 SW Arterial - Water Main Extension (Wa- ter Const Fund) 113,363 101,908 300 1011 Traffic Signalization Program 5,884 10,116 Total Project Funding - City Share $ 1,079.563 $ 1,116.308 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 - Menards Frontage Road project, Iowa DOT Project No. NHSX- 032-1 (37)--3H-31. Section 3. Whereas, in accordance with the provisions of Iowa Administrative Code, the City is responsible for all costs associated with the relocation, modification or adjust- ment of the City's public utilities that are impacted by the project. Section 4. Whereas, the City hereby agrees to reimburse the Iowa DOT for all costs associated with the relocation, modification or adjustment of the City's public utilities that are impacted by the project. Section 5. The Mayor is hereby authorized to execute the Cooperative Preconstruction Funding Agreement (Agreement No. 2016-16-207), between the City of Dubuque and the Iowa Department of Transportation for the Southwest Arterial - Menards Frontage Road and Improvements to US Highway 20. Passed, approved and adopted this 21 st day of November, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 8 17. Iowa DOT Preconstruction Agreement for SW Arterial / US Highway 20 Interchange Grading Project: City Manager recommending approval of a resolution authorizing the Mayor to execute the Iowa Department of Transportation Preconstruction Funding Agree- ment for the Southwest Arterial — US Highway 20 Interchange Grading Project. Upon motion the documents were received and filed and Resolution No. 394-16 Approving the Preconstruction Funding Agreement (Agreement No. 2017-4-002) between the City of Dubuque and Iowa Department of Transportation for the Southwest Arterial - US Highway 20 Interchange Grading Project was adopted. RESOLUTION NO. 394-16 APPROVING THE PRECONSTRUCTION FUNDING AGREEMENT (AGREEMENT NO. 2017-4-002) BETWEEN THE CITY OF DUBUQUE AND IOWA DEPARTMENT OF TRANSPORTATION FOR THE SOUTHWEST ARTERIAL - US HIGHWAY 20 INTER- CHANGE GRADING PROJECT 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 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, as part of the Southwest Arterial project, there will be a new interchange constructed near the existing US 20 - Seippel Road intersection which will connect directly to Seippel Road and provide an overpass bridge over the top of US Highway 20; and Whereas, the Southwest Arterial — US 20 Interchange Grading project will provide for the complete grading of the interchange between Seippel Road and English Mill Road, including entry and exit ramps, and grading for a public access frontage road connection Stone Valley Drive; and Whereas, the City was responsible for the design and property acquisition for the Southwest Arterial - US Highway 20 Interchange Grading project. The Iowa DOT is re- sponsible for the costs associated with the construction and completion of the Southwest Arterial - US Highway 20 Interchange Grading project; and Whereas, following the Transfer of Jurisdiction after the Southwest Arterial is com- pleted and open to traffic, the public access frontage road to Stone Valley Drive will be- come a local public City street; and 9 Whereas, in accordance with the provisions of Iowa Administrative Code, the City is responsible for all costs associated with the relocation, modification or adjustment of the City's public utilities that are impacted by the project; and Whereas, per the terms and conditions of the Cooperative Preconstruction Agreement, the City will be responsible for the following utility related costs: • 100% of the cost for sanitary sewer relocation, modification, or adjustments. • 100% of the cost for storm sewer relocation, modification, adjustments. • 100% of the cost for water main relocation, modification, or adjustments. • Share of the cost for traffic operations conduit, vaults, fiber optics. • 100% of the cost for salvaging traffic control equipment. • 19% of the cost for mobilization. • 19% of the cost for project management. • 19% of the cost for traffic control. • 19% of the cost for construction survey; and Whereas, the estimate of probable cost for the City's cost share associated with the relocation, modification or adjustment of public utilities that are impacted by the project is summarized as follows: Whereas, the anticipated funding for the project summary is as follows: CIP No. Estimate Bid Award Sanitary Sewer Relocation, Modification, Adjustment $ 528,249 $ 239,148 Storm Sewer Relocation, Modification, Adjustment 11,047 11,864 Watermain Relocation, Modification, Adjustment 1,722,196 867,081 Traffic Signal Modifications 175,691 94,416 2,373 Total Project Cost - City Share $ 2,437,183 $ 1,212,509 Whereas, the anticipated funding for the project summary is as follows: CIP No. Fund Description Estimate Bid Award DMATS STP Funds $ 1,949,746 $ 970,007 710 2670 SW Arterial - US20 Interchange Grading Utility Relocation (Sanitary Const Fund) 105,650 47,830 720 2670 SW Arterial - US20 Interchange Grading Utility Relocation (Stormwater Const Fund) 2,209 2,373 740 2594 SW Arterial - Water Main Extension (Water Const Fund) 344,439 173,416 300 1011 Traffic Signalization Program 35,138 18,883 Total Project Funding - City Share $ 2,437,183 $ 1,212,509 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 - US Highway 20 Interchange Grading project, Iowa DOT Project No. NHSX-032-1 (38)--3H-31. Section 3. Whereas, in accordance with the provisions of Iowa Administrative Code, the City is responsible for all costs associated with the relocation, modification or adjust- ment of the City's public utilities that are impacted by the project. Section 4. Whereas, the City hereby agrees to reimburse the Iowa DOT for all costs associated with the relocation, modification or adjustment of the City's public utilities that are impacted by the project. Section 5. The Mayor is hereby authorized to execute the Preconstruction Funding Agreement (Agreement No. 2017-4-002), between the City of Dubuque and the Iowa De- partment of Transportation for the Southwest Arterial - US Highway 20 Interchange Grad- ing project. Passed, approved and adopted this 21 st day of November, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 18. Iowa DOT Preconstruction Funding Agreement - Southwest Arterial - West Grading Project: City Manager recommending approval of a resolution authorizing the Mayor to execute the Iowa Department of Transportation Preconstruction Funding Agreement for the Southwest Arterial — West Grading Project. Upon motion the documents were re- ceived and filed and Resolution No. 395-16 Approving the Preconstruction Funding Agreement (Agreement No. 2017-4-001) between the City of Dubuque and Iowa Depart- ment of Transportation for the Southwest Arterial - West Grading Project was adopted. RESOLUTION NO. 395-16 APPROVING THE PRECONSTRUCTION FUNDING AGREEMENT (AGREEMENT NO. 2017-4-001) BETWEEN THE CITY OF DUBUQUE AND IOWA DEPARTMENT OF TRANSPORTATION FOR THE SOUTHWEST ARTERIAL - WEST GRADING PRO- JECT 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 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, As outlined in the MOU and TOJ, the Iowa DOT is responsible for costs associated with the construction and completion of 4 -lane roadway grading from US High- way 20 to US Highway 61-151; and Whereas, the 4 -lane grading will be constructed in two (2) segments, the West Grading project and the East Grading project. The West Grading project will provide for the 4 -lane grading of a 2.72 mile roadway segment from English Mill Road to Catfish Creek; and; and Whereas, the West Grading project will also provide for grading of ramps A and D for a future middle interchange between English Mill Road and North Cascade Road; grading of a temporary connector road between the Southwest Arterial and North Cascade Road; grading of a shared use path; grading and granular surfacing of a public frontage road (Access Road A) on the south side of proposed Southwest Arterial extending from North Cascade Road easterly approximately 3,450 feet; and Whereas, the City was responsible for the design and property acquisition for the West Grading project. The Iowa DOT is responsible for the costs associated with the construc- tion and completion of the West Grading project; and Whereas, following the Transfer of Jurisdiction after the Southwest Arterial is com- pleted and open to traffic, the Menards Frontage Road will become a local public City street; and Whereas, in accordance with the provisions of Iowa Administrative Code, the City and County will be responsible for all costs associated with the construction of new access control fencing (approx. 3,300 LF) along the southerly side of the frontage road (Access Road A); and Whereas, following the Transfer of Jurisdiction after the Southwest Arterial is com- pleted and open to traffic, the new public frontage road (Access Road A) will become a Dubuque County road and the County will be responsible for the future maintenance of the fence; and Whereas, the estimate of probable cost for the City and County's cost share for the construction of new access control fencing (approx. 3,300 LF) along the southerly side of the frontage road (Access Road A) is summarized as follows: Bid Award Access Control Fencing $ 21,390.52 Total Project Cost - City / County Share $ 21,390.52 Whereas, the anticipated funding for the project summary is as follows: CIP No. Fund Description Bid Award 300 1287 City - Southwest Arterial CIP $ 10,695.26 Dubuque County 10,695.26 Total Project Funding - City / County $ 21,390.52 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 - West Grading Project, Iowa DOT project no. NHSX-032-1 (25)-- 3H-31. Section 3. Whereas, in accordance with the provisions of Iowa Administrative Code, the City and Dubuque County are jointly responsible for the cost for the construction of new access control fencing along the southerly side of the frontage road (Access Road A). Section 4. Whereas, the City and Dubuque county hereby agrees to reimburse the Iowa DOT for all costs associated with the construction of new access control fencing along the southerly side of the frontage road (Access Road A). Section 5. The mayor is hereby authorized to execute the Cooperative Preconstruction Funding Agreement (Agreement No. 2017-4-001), between the City of Dubuque and the Iowa Department Of Transportation for the Southwest Arterial — West Grading Project. Passed, approved and adopted this 21St day of November, 2016. Roy D. Buol, mayor Attest: Kevin S. Firnstahl, City Clerk 19. Zoning Advisory Commission: Communication from Zoning Advisory Commission requesting City Council approval to appoint Commissioner Tom Henschel and Commis- sioner Michael Belmont as representative to the Airport Zoning Commission. Upon motion the documents were received, filed and approved. 20. Pre -Annexation Agreement — Bradley: City Manager recommending approval of a Pre -Annexation Agreement with Brian D. Bradley and Jeffrey S. Bradley in conjunction with approving the Final Plat for Bradley Acres. Upon motion the documents were re- ceived and filed and Resolution No. 396-16 Approving the Pre -Annexation Agreement between the City of Dubuque, Iowa and Brian D. Bradley and Jeffrey S. Bradley was adopted. RESOLUTION NO. 396-16 APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBU- QUE, IOWA AND BRIAN D. BRADLEY AND JEFFREY S. BRADLEY Whereas, Brian D. Bradley and Jeffrey S. Bradley , the owners of the following de- scribed property in Dubuque County, Iowa (the Property) have submitted to the City 13 Council of the city of Dubuque an application for voluntary annexation of the Property to the City of Dubuque: PIN: 1536101002, Legal: Lot 1-1 W YZ NW 1/4 Section 36, T88N, R2E; and Whereas, Brian D. Bradley and Jeffrey S. Bradley have 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 Brian D. Bradley and Jef- frey S. Bradley and the City of Dubuque is hereby approved. Passed, approved and adopted this 21 st day of November, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 21. Public Works Department - Retitling Three Truck Driver Positions to Utility Worker: City Manager recommending a City Council motion creating three Utility Worker positions and eliminating three Truck Driver positions associated with the retitling of the Truck Driver position to Utility Worker approved July 18, 2016. Upon motion the documents were received, filed and approved. 22. Alcohol License Applications: City Manager recommending approval of annual beer, liquor and wine licenses as submitted. Upon motion the documents were received and filed and Resolution No. 397-16 Approving applications for beer, liquor, and/or wine permits, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 397-16 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: 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 Aragon Tap Bridge Restaurant The 1103 Iowa St. 31 Locust St. Class C Liquor (Sunday) Class C Liquor (Sunday) Double Shot Grand Harbor Resort & Water Park Happy's Place Hotel Julien Dubuque Inspire Cafe Pepper Sprout Skinny Maginny's Special Event Stone Cliff Winery 11-26-16 2093 Washington St. Class C Liquor (Sunday) 350 Bell St. 2323 Rockdale Rd. 200 Main St. 955 Washington St. Class B Liquor (Catering) (Outdoor) (Sunday) Class C Liquor (Outdoor) (Sunday) Class B Liquor (Catering) (Outdoor) (Sunday) Class C Liquor (Outdoor) (Sunday) 378 Main St. Class C Liquor 123 S. Main St. 600 Star Brewery Dr. to include Alliant Amphithe- ater Class C Liquor (Catering) (Outdoor) (Sunday) Adding Outdoor Service Passed, approved and adopted this 21 st day of November, 2016. Attest: Kevin S. Firnstahl, City Clerk ITEMS SET FOR PUBLIC HEARING Roy D. Buol, Mayor 1. Reallocate General Obligation Bond Series 2012H: City Manager recommending setting a public hearing for December 5, 2016, on a proposal to reallocate not to exceed $820,500 of the unspent proceeds of the General Obligation Bond Series 2012H from the renovation of the second floor of the Multicultural Family Center to fund the construction of the Jule Operations and Training Center. Upon motion the documents were received and filed and Resolution No. 398-16 Fixing date for a meeting on the proposal to reallo- cate certain unspent proceeds of the General Obligation Bonds, Series 2012H, 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 December 5, 2016 in the His- toric Federal Building. RESOLUTION NO. 398-16 FIXING DATE FOR A MEETING ON THE PROPOSAL TO REALLOCATE CERTAIN UNSPENT PROCEEDS OF THE GENERAL OBLIGATION BONDS, SERIES 2012H, OF THE CITY OF DUBUQUE, IOWA, AND PROVIDING FOR PUBLICATION OF NO- TICE THEREOF Whereas, pursuant to hearings duly held under Iowa Code Section 384.25 and a res- olution approved on November 19, 2012, the City Council of the City of Dubuque, Iowa has previously issued its General Obligation Bonds, Series 2012H, in the aggregate prin- cipal amount of $2,385,000 (the "Series 2012H Bonds"), for the purpose, among other things, of paying the costs of aiding in the planning, undertaking and carrying out of urban renewal project activities for Greater the Downtown Urban Renewal District and the Tech- nology Park South District, including those costs associated with construction of a rail platform for the Intermodal Transportation Center; Multicultural Family Center repairs and improvements including renovation of the second floor; construction of an Americans with Disabilities Act (ADA) compliant restroom; utilities extensions; and construction of a trail in Technology Park South; and Whereas, certain proceeds of the Series 2012H Bonds remain unspent, and the City Manager has recommended that not to exceed $820,500 of such unspent proceeds (the "Unspent Proceeds") be applied for the purpose of funding construction of the Jule Oper- ations and Training Center (from the Series 2012 Bonds) (the "Project"); and Whereas, there being no procedure specified under Iowa law for consideration or ap- proval of such a reallocation, it is hereby determined, pursuant to Section 364.6 of the Code of Iowa, that the procedure set forth in Section 384.25 of the Code of Iowa should apply to such proposal, and that a hearing be held upon the proposal to reallocate the Unspent Proceeds to provide funds for the Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council meet in the Historic Federal Building, 350 West 6m Street, Dubuque, Iowa, at 6:00 o'clock P.M., on the 5th day of December, 2016, for the purpose of taking action on the matter of the proposed reallocation of the Unspent Proceeds of the Series 2012H Bonds to provide funds to defray all or a portion of the costs of the Project. Section 2. That the City Clerk is hereby directed to cause one publication to be made of 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 publica- tion to be not less than four clear days nor more than twenty days before the date of said public meeting. Section 3. The notice of the proposed action shall be in substantially the following form: NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, ON THE MATTER OF THE PROPOSED REALLOCATION OF CERTAIN UNSPENT PROCEEDS OF THE GENERAL OBLIGATION BONDS, SERIES 2012H, OF THE CITY OF DUBUQUE, IOWA, AND THE PUBLIC HEARING THEREON PUBLIC NOTICE is hereby given that the Council of the City of Dubuque, Iowa, will hold a public hearing on the 5th day of December, 2016, at 6:00 o'clock P.M., in the His- toric Federal Building, 350 West 6th Street, Dubuque, Iowa, at which meeting the Council proposes to take additional action for the reallocation of certain unspent proceeds of the 16 General Obligation Bonds, Series 2012H, of the City of Dubuque, Iowa (together, the "Bonds"), in the aggregate amount of not to exceed $820,500, in order to provide funds for the purpose of funding construction of the Jule Operations and Training Center (Series 2012H Bonds). Any person interested may appear at the public hearing, either orally or in writing, and be heard as to the reallocation of said proceeds of the Bonds for the above purposes. This Notice is given by order of the Council of Dubuque, Iowa, as provided by Sections 364.6 and 384.25 of the Code of Iowa, as amended. Dated this 25th day of November, 2016. /s/Kevin S. Firnstahl, City Clerk Passed and approved this 21st day of November, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions. 1. Airport Commission: One, 4 -year term through September 14, 2020 (Expired term of Wagner). Applicants: Sue Clemenson, 2469 Hacienda Rd.; and Scott Leibfried, 3211 Honeysuckle Ln. Ms. Clemenson and Mr. Leibfried spoke in support of their respective appointments and provided brief biographies. 2. Building Code and Advisory Appeals Board: One, 3 -year term through August 1, 2018 (Vacant term of Cruise — ADA Representative). Applicant: Katrina Wilberding, 3715 Asbury Rd. 3. Civic Center Commission: One, 3 -year term through June 29, 2019 (Expired term of Gregory). Applicant: Nicholas Huff, 3075 Olde Country Ct. Mr. Huff spoke in support of his appointment and provided a brief biography. 4. Zoning Advisory Commission: One, 3 -year term through July 1, 2019 (Expired term of Belmont). Applicant: Michael Belmont, 222 Dillion St. PUBLIC HEARINGS 1. Freestanding Solar Array Text Amendment: Proof of publication on notice of public hearing to consider approval of a request from Greater Dubuque Development Corpora- tion to amend the Unified Development Code to establish an administrative waiver pro- cess for free-standing solar arrays. Motion by Lynch to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for pas- sage at two Council meetings prior to the meeting at which it is to be passed be sus- pended. Seconded by Connors. Planning Services Manager Laura Carstens provided a staff report. She and David Lyons, Sustainable Innovation Consultant for Greater Dubu- que Development Corp., responded to questions from the City Council regarding guide- lines for solar arrays in Historic Districts, the design review and appeal process, the im- pact and solutions for glare from panels, and the size of panel arrays. Motion carried 6-1 with Rios voting nay. Motion by Lynch for final consideration and passage of Ordinance No. 58-16 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by Amending 16-3-11 to establish administrative waiver process for freestanding solar arrays in Residential and Office Districts. Seconded by Connors. Motion carried 6-1 with Rios voting nay. OFFICIAL PUBLICATION ORDINANCE NO. 58-16 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY AMENDING 16-3-11 TO ESTABLISH AN ADMINIS- TRATIVE WAIVER PROCESS FOR FREESTANDING SOLAR ARRAYS IN RESIDEN- TIAL AND OFFICE DISTRICTS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Develop- ment Code Articles 16-3-11 is hereby amended as follows: Administrative Waiver — Freestanding Solar Array A. The purpose of the administrative waiver process for residential freestanding so- lar array is to facilitate the installation of freestanding solar arrays in residential and office districts while ensuring compatibility with existing development patterns and pro- tecting investments made by surrounding property owners. B. The City Planner shall issue a waiver only for freestanding solar arrays that com- ply with the following criteria. If the following criteria are not met, then the applicant still has the opportunity to apply for a Special Exception through the Zoning Board of Ad- justment. C. Criteria: 1. An administrative waiver for a freestanding solar array is available in the fol- lowing residential and office zoning districts: R-1, R-2, R -2A, R-3, R-4, OR and OC Districts. 2. An administrative waiver is available for a freestanding solar array up to a maximum of 20 feet in height and 500 square feet in area. That all abutting property owner(s), including property owner(s) directly across the street, alley or platted public right-of-way agree to the requested freestanding solar array by signing a waiver form supplied by the Planning Services Office. 3. That a site plan depicting the location of the freestanding solar array on the property and its distance to the side and rear property lines shall be prepared by the applicant, reviewed for completeness by the Planning Services Office staff. 4. That an elevation rendering of the freestanding solar array indicating maxi- mum height and width of the installation shall also be prepared by the applicant, reviewed for completeness by Planning Services Office. 5. The applicant shall meet with each property owner and review with them the site plan and elevation rendering for the proposed solar array installation. Each property owner will need to agree to the proposal by signing a waiver form. D. Planning Staff will verify that the application is complete, that all waiver forms are signed, have the applicant sign before a Notary that they met with all the neighboring property owners and received their signatures, and notify the Building Services De- partment that an administrative waiver has been approved. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Ad- visory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 21 st day of November, 2016. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 25th day of November, 2016. /s/Kevin S. Firnstahl, City Clerk 2. Vacate Storm Sewer and Sanitary Sewer Easement at 3225 and 3275 Pennsylvania Avenue: Proof of publication on notice of public hearing to approve the vacate of a storm and sanitary sewer easement across Lot 1 and Lot 2 of Lange Estate (3225 & 3275 Penn- sylvania Avenue) and the City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 399-16 Disposing of City interest in a Storm and Sanitary Sewer Easement over and across Lot 1 and Lot 2 of Lange Estate (Originally Platted as Lot 1-2 of the Southwest 1/4 of the Southwest 1/4 of Section 22, T89N, R2E) in the City of Dubuque, Dubuque County, Iowa. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 399-16 DISPOSING OF CITY INTEREST IN A STORM AND SANITARY SEWER EASEMENT OVER AND ACROSS LOT 1 AND LOT 2 OF LANGE ESTATE (ORIGINALLY PLAT- TED AS LOT 1-2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 22, T89N, R2E) IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on the 11th day of November, 2016, the City Council of the City of Dubuque, Iowa met on the 21st day of November, 2016, at 6:00 p.m. in the Historic Fed- eral Building, 350 West 6th Street, Dubuque, Iowa, to consider the disposal of City interest in a storm and sanitary sewer easement granted to the City in 1963 over Lot 1 and Lot 2 of Lange Estates (Originally Platted as Lot 1-2 of the Southwest Y4 of the Southwest 1/4 of Section 22, T89N, R2E) according to deed record Bk. 181 Pg. 503 in the Dubuque County Recorder's Office, said real estate as shown on the attached exhibit labelled "Easement Vacate Exhibit" and described as: Lot 1 and Lot 2 of Lange Estate in the City of Dubuque, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objec- tions, oral or written to the proposal to dispose of City interest in said easement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the release of City of Dubuque interest in the storm and sanitary sewer easement granted to the City in 1963, as found in deed record Bk. 181 Pg. 503 in the Dubuque County Recorder's Office, over Lot 2 of Lange Estate, in the City of Dubuque, as shown on the attached Easement Vacate Exhibit, to Applewood IV LLC is approved. That the release of City of Dubuque interest in the storm and sanitary sewer easement granted to the City in 1963, as found in deed record Bk. 181 Pg. 503 in the Dubuque County Recorder's Office, over Lot 1 of Lange Estate, in the City of Dubuque, as shown on the attached Easement Vacate Exhibit, to Dubuque Senior Housing IV LLC is ap- proved. Section 2. That the Mayor be authorized and directed to execute a Release of Ease- ment, and the City Clerk be and is hereby authorized and directed to deliver said Release to Applewood IV LLC. That the Mayor be authorized and directed to execute a Release of Easement, and the City Clerk be and is hereby authorized and directed to deliver said Release to Dubuque Senior Housing IV LLC. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution and the Release of Easement to Applewood IV LLC and the Release of Easement to Dubuque Senior Housing IV LLC in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 21 st day of November, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 3. Jule Operations and Training Center Project: Proof of publication on notice of public hearing to approve plans, specifications, form of contract and estimated cost for the Jule Operations and Training Center Project and the City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 400-16 Approval of plans, specifications, form of contract, and estimated cost for the Jule Oper- ations and Training Center Project. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 400-16 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTI- MATED COST FOR THE JULE OPERATIONS AND TRAINING CENTER 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 Jule Operations and Training Center Project in the estimated amount $5,474,900, are hereby approved. Passed, adopted and approved this 21 st day of November, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 4. Greater Downtown Urban Renewal District Amendment: Proof of publication on no- tice of public hearing to approve an amendment to the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District and the City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 401-16 Approving the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 401-16 APPROVING THE AMENDED AND RESTATED URBAN RENEWAL PLAN FOR THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT Whereas, by Resolution 360-16 on October 17, 2016 the City Council of the City of Dubuque, Iowa authorized the preparation of an Amended and Restated Urban Renewal Plan (the "Amended and Restated Plan") for the Greater Downtown Urban Renewal Dis- trict (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 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. 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 21 st day of November, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 5. North Cascade Road Housing Urban Renewal Area Amendment: Proof of publica- tion on notice of public hearing approving an Amended and Restated Urban Renewal Plan for the North Cascade Road Housing Urban Renewal Area and the City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 402-16 Approving the Amended Urban Renewal Plan for the North Cas- cade Road Housing Urban Renewal Area. City Manager Van Milligen and City Attorney stated that these amendments need to be in place in order to identify a funding source prior to any future actions related to urban renewal areas. Motion carried 6-1 with Del Toro voting nay. RESOLUTION NO. 402-16 APPROVING THE AMENDED URBAN RENEWAL PLAN FOR THE NORTH CASCADE ROAD HOUSING URBAN RENEWAL AREA Whereas, by Resolution 365-16 approved on October 27, 2016, the City Council of the City of Dubuque, Iowa authorized the preparation of an Amended and Restated Urban Renewal Plan (the "Amended and Restated Plan") for the North Cascade Road Housing Urban Renewal Area (the "District"); and Whereas, the proposed Urban Renewal Plan for the District has been prepared and placed on file for public inspection in the City Clerk's Office; and Whereas, the City of Dubuque's primary objective for the Amended and Restated Plan is to provide opportunities which will further housing and residential development as de- fined by Iowa Code Section 403.17(12), as described in the Plan; and Whereas, the City Council finds that the District meets the definition of an economic development area as found in Chapter 403 of the Iowa Code, and is appropriate for the provision of public improvements related to housing and residential development; and Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has held a public hearing on the proposed Urban Renewal Plan after public notice thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Amended and Restated Urban Renewal Plan for the North Cas- cade Road Housing Urban Renewal Area 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 accommodations within their means and without undue hard- ship to such families; and that the Amended and Restated Plan conforms to the general plan of the City as a whole. 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 and the Urban Renewal Plan in the office of the Dubuque County Auditor. Passed, approved and adopted this 21 st day of November, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 6. English Ridge Housing Urban Renewal Area Amendment: Proof of publication on notice of public hearing approving the Amended and Restated English Ridge Housing Urban Renewal Plan and the City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 403-16 Approving the Amended and Restated Urban Renewal Plan for the English Ridge Housing Urban Renewal Area. Seconded by Resnick. Motion carried 6-1 with Del Toro voting nay. RESOLUTION NO. 403-16 APPROVING THE AMENDED AND RESTATED URBAN RENEWAL PLAN FOR THE ENGLISH RIDGE HOUSING URBAN RENEWAL AREA Whereas, by Resolution 359-16 approved on October 17, 2016, the City Council of the City of Dubuque, Iowa authorized the preparation of an Amended and Restated Urban Renewal Plan (the "Amended and Restated Plan") for the English Ridge Housing Urban Renewal Area (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 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 English Ridge Housing Urban Renewal Area 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 sani- tary dwelling accommodations within their means and without undue hardship to such families; and that the Amended and Restated Plan conforms to the general plan of the City as a whole. 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 and the Amended and Restated Urban Renewal Plan in the office of the Dubuque County Auditor. Passed, approved and adopted this 21 st day of November, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk PUBLIC INPUT Jacob Long, 4604 Cardinal Drive, spoke in reference to finding solutions to the use of plastic shopping bags and changing the start time of City Council meetings back to 6:30 p.m. Diane McClain, 255 Bradley St., spoke in reference to the City Council's upcoming work session on the Source of Income report and requested that the Council carefully review the report adding that landlords be allowed to retain a choice to participate in the Housing Choice Voucher program (Section 8) should changes to the program be consid- ered. Michael Green, 2481 Hempstead St., spoke in reference to keeping the right of a land- lord to choose participation in the Housing Choice Voucher program, the availability of current housing and substandard/older buildings. Julie Gross, 18040 Riverside Rd., expressed her opposition to what she believes is unnecessarily adding Housing Department staff to manage and police housing programs, increased inspection fees and being told to participate in such programs. ACTION ITEMS 1. Loras College Honors Project - Single -Use Plastic Checkout Bags: Loras College Honors Project Students Morgan Dolan, Abigail Kirchner and Christine McDonald made a presentation and responded to questions from the City Council regarding single -use plastic checkout bags. Three options were provided: reduce through a ban, no action, or a compromise though user fees. The presenters provided information on ecological threats, their research with businesses, how and what fees could be implemented, certain exemptions, what percentage of the fees could be retained by business and the city, im- plementation and health issues related to reusable bags, recycling opportunities, and public education. Restated motion by Lynch to receive and file the documents and refer to staff. Seconded by Jones. Motion carried 4-3 with Rios, Del Toro, and Resnick voting nay. 2. Sister City Relationships Advisory Commission: Sister City Relationships Advisory Commission recommending City Council approval to transition to a nonprofit organization under an agreement with the Dubuque Convention and Visitors Bureau. Motion by Jones to receive and file the documents, approve the recommendation and hear the presenta- tion. Seconded by Resnick. Sister City Commission Chairperson Jeff Jochum and Com- missioner Dick Landis provided a presentation that explained the history and makeup of the Commission and the City's three Sister City relationships. They further described the research and benefits to the transition. Motion carried 7-0. 3. Timber Ridge Estates Final Plat: City Manager recommending approval of the Final Plat of Timber Ridge Estates subject to allowing 22 -foot paving width for Forest Glen Court and Timber Court, and waiving Sections 11-20 Water Supply, 11-21 Sanitary Sewer, 11-23 Obligation to Install Improvements, and 11-24 Improvement Guarantees. Motion by Lynch to receive and file the documents and adopt Resolution No. 404-16 Ap- proving the Final Plat of Timber Ridge Estates in Dubuque County, Iowa. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 404-16 APPROVING THE FINAL PLAT OF TIMBER RIDGE ESTATES IN DUBUQUE COUNTY, IOWA Whereas, there has been filed with the City Clerk a Final Plat of Timber Ridge Estates; and Whereas, said Final Plat provides for a 22 -foot pavement width for Forest Glen Court and Timber Court, where 26 -foot paving width for a private street is required by Section 11-15 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code; and Whereas, the preliminary plat has been examined by the Zoning Advisory Commission and has its approval endorsed thereon; and Whereas, said Final Plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 11-15 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is waived to allow two 22 -foot wide paved private streets. Section 2. That the City Council hereby waives Sections 11-20 Water Supply, 11-21, Sanitary Sewer, 11-23 Obligation to Install Improvements, and 11-24 Improvement Guar- antees. Section 3. That the Final Plat of Timber Ridge Estates 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 hereto attached agreeing: a) To construct private street improvements in accordance with improvement plans approved by Dubuque County and certified upon completion by a professional engineer licensed by the State of Iowa. b) To maintain the private street improvements constructed as part of Timber Ridge Estates until such time as a homeowners association is formed and is re- sponsible for maintenance of the same. Section 4. That in the event Timber Ridge Estates, LLC fails to execute the acceptance within 180 days after the date of this Resolution, the provisions hereof shall be null and void and the approval of the plat shall not be effective. Passed, approved and adopted this 21 st day of November, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk ACCEPTANCE OF RESOLUTION NO. 404-16 I, the undersigned, Matt Horsfield, representing Timber Ridge Estates, LLC, having read the terms and conditions of the Resolution No. 404-16 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 11th day of November, 2016. /s/Matt Horsfield, Timber Ridge Estates, LLC 4. Sky Blue Estates #2 Final Plat: City Manager recommending approval of the Final Plat of Sky Blue Estates #2 as it is in compliance with the City of Dubuque Unified Devel- opment Code, subject to waiving the right-of-way width for Sky Blue Drive and Zephyr Drive. Motion by Jones to receive and file the documents and adopt Resolution No. 405- 16 Authorizing approval of the Final Plat of Sky Blue Estates #2 in the City of Dubuque, Iowa. Seconded by Del Toro. Connors expressed her concerns and those of residents in the area about serious water runoff still occurring with development despite it being ad- dressed with the developers and city engineers. City Manager will provide a response to Council. Motion carried 7-0. RESOLUTION NO. 405-16 AUTHORIZING APPROVAL OF THE FINAL PLAT OF SKY BLUE ESTATES #2 IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a Final Plat of Sky Blue Estates #2 in the City of Dubuque, Iowa; and Whereas, upon said final plat appear streets to be known as Sky Blue Drive (Lot A), Zephyr Drive (Lot B), and Golden Eagle Drive (Lot C) together with certain public utility, storm sewer and water main easements, which the owner by said final plat has dedicated to the public 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 Sky Blue Drive (Lot A), Zephyr Drive (Lot B) and Golden Eagle Drive (Lot C) and the easements for public utilities, storm sewer and water mains, as they appear on said final plat, be and the same are hereby accepted; and Section 2. That the Final Plat of Sky Blue Estates #2 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 Sky Blue Drive (Lot A), Zephyr Drive (Lot B), and Golden Eagle Drive (Lot C) to grade and to construct longitudinal sub -drain, concrete curb and gutter with asphaltic concrete pavement or with Portland Cement concrete pave- ment with integral curb, all in accordance with the City of Dubuque standard speci- fications in a manner acceptable to the City Engineer, in conformance with construc- tion improvement plans approved by the City Engineer, and inspected and approved by the City Engineer. b. To install sanitary sewer mains and sewer service laterals into each individual lot, water mains and water service laterals into each individual lot, storm sewers and catch basins, boulevard street lighting, fiber optic conduit, and erosion control de- vices all in accordance with the City of Dubuque standard specifications in a manner acceptable to the City Engineer, and in accordance with construction improvement plans approved by the City Engineer, and inspected and approved by the City En- gineer. c. To construct accessible sidewalk ramps at each intersection in accordance with City of Dubuque Standards and Specifications. d. To construct the improvements outlined in (a) and (b) above within two years from the date of acceptance of this resolution, at the sole expense of the owners, or future owner. e. To maintain the improvements outlined in (a) and (b) 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; f. 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 3. 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 4. That the owner must construct and maintain erosion control devices in Sky Blue Estates which control erosion and prevent sediment from leaving the site. The owner shall also be responsible for maintenance of the detention facility located on Lot G of Eagle Valley Subdivision until 80% of the lots shown on the preliminary plat of in Sky Blue Estates, 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 Lot G Eagle Valley Subdivision shall include the removal of sed- iment and other debris caused by construction activities in Sky Blue Estates and reshap- ing and reseeding of the disturbed areas. After said 80% lots are developed, inspection, administration, and maintenance expenses incurred by the City of Dubuque for the storm water detention facility on Lot G of Eagle Valley Subdivision shall be assessed against the property owners, except the City of Dubuque, in Eagle Valley Subdivision and Sky Blue Estates 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 5. 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 6. 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 7. That in the event E.K.M., LLC fails to execute the acceptance and furnish the guarantees provided hereof within 180 days after the date of this Resolution, the pro- visions 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 21St day of November, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk ACCEPTANCE OF RESOLUTION NO. 405-16 I, the undersigned, Jeff McAuliffe, representing E.K.M., LLC, having read the terms and conditions of the Resolution No. 405-16 and being familiar with the conditions thereof hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this day of 2016. /s/Jeff McAuliffe 5. Greater Downtown Urban Renewal District Amendment: City Manager recommend- ing approval of an ordinance amending the Tax Increment Financing District for the Greater Downtown Urban Renewal District that will authorize the inclusion of three adja- cent areas, the new North End, West Locust Street Corridor and University Avenue Cor- ridor. 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. 59-16 Amending Ordinance No. 45-14, Previously Amended, and Ordinance No. 61-08, providing that gen- eral 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 Community School District, and other Taxing Districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and in- debtedness, including bonds issued or to be issued, incurred by said City in connection with 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. 59-16 AMENDING ORDINANCE NO. 45-14, PREVIOUSLY AMENDED, AND ORDINANCE NO. 61-08, PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COL- LECTED 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 COMMUNITY SCHOOL DISTRICT, AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS, MONIES AD- VANCED TO AND INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE IS- SUED, INCURRED BY SAID CITY IN CONNECTION WITH THE AMENDED AND RE- STATED URBAN RENEWAL PLAN FOR THE GREATER DOWNTOWN URBAN RE- NEWAL 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, and Almond Street Subareas being added to what is now known as the Amended and Restated Greater Downtown Urban Renewal District; and 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. 45-14, creating separate base valuations for the Bluff Street, Cable Car, Chaplain Schmitt, East 7th Street, Ice Harbor Subarea A, Ice Har- bor 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, and Almond 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. 401-16 approved on November 21, 2016, for the purpose of expanding the Greater Downtown Urban Renewal District to include additional areas de- scribed as the North End, West Locust Street Corridor, and University Avenue Corridor Subareas, and to include the area originally designated in Ordinance No. 61-08 as the Dubuque Brewing & Malting Urban Renewal Area; 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 Nos. 45-14 and 61-08 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 shall mean and include that area described as follows: 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 intersec- tion 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 Mu- seum 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 mean and include the following de- scribed properties: 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. 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 shall mean and 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 shall mean and 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 shall mean and 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 shall mean and 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 shall mean and include Lot 1-2 and Lot 2-2 of Adams Company's 4m Addition, and all that part of Lot 2-1 of Adams Company's 4m Addition 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 adjoin- ing public right-of-way. h. Warehouse Subarea shall mean and 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 4m Street extended; Thence southwesterly along the centerline of 4m 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 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 shall mean and include that area generally bounded by the following description: Commencing as a point of reference at a point of intersec- tion 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 inter- section with the centerline of US Highways 52, 61, and 151; Thence southeasterly along the centerline of US Highways 52, 61, and 151 to a point of intersection with the centerline of the eastern section of Jones Street extended southwesterly; 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 south- westerly 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 cen- terline 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 shall mean and include that area generally bounded by the following description: Beginning at a point of reference at the northwest corner 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 extension 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 Rail- road Ave. extended easterly; Thence southwesterly along said right of way line ex- tension there to the southeast corner of Lot A, Block 15 Dubuque Harbor Company'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 cen- terline of South Main Street; Thence northwesterly along said centerline to the nor- therly line of Lot 5, Block 13 Dubuque Harbor Company's Addition extended north- easterly; Thence southwesterly along said line to the easterly line of Lots 7 and 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 shall mean and 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, Dubuque 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 inter- section with the centerline of Bluff Street; Thence northwesterly along the centerline 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 Cathedral 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 exten- sion 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 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 shall mean and 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, Dubuque 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 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 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 shall mean and 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 shall mean and 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 shall mean and include that area gener- ally 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 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 Angelis 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 Angelis 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 St.; 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 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 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 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 shall mean and 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 ex- tended 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 northerly right of way line of E. Fifteenth Street; Thence northeasterly along said northerly 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; 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 and extension thereof to the nor- therly 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 northwesterly 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 east- erly; Thence northwesterly along said extended line to the northeast 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 southeasterly along said easterly right of way line to a point of intersection with the northerly right of way line of E. 16th Street; Thence southeasterly crossing E. 16th Street to a point of intersec- tion 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 adjacent to the following: Kerper Blvd., River Front Subdivision No. 2, Part of Government 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 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 northwesterly and continuing southwesterly along the northerly and westerly sides of Ice Harbor Urban Renewal District Subarea B to a point of intersection with the southerly right of way line of E. 4m 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 centerline of E. 12th Street; Thence southwesterly along said centerline to a point of intersection with the westerly right of way line of Elm St. extended, said point being the point of be- ginning; Excepting therefrom, the East 7m Street Subarea. q. East 7m Street Subarea shall mean and include the following described prop- erties: 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 shall mean and include the following described prop- erties: All of that part of the City of Dubuque lying easterly of the Peosta Channel 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 Subarea shall mean and 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; 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 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 shall mean and include the following described properties: 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 shall mean and include the following described prop- erties: 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 shall mean and include the following described properties: 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 south- westerly crossing Central Avenue to the Point of Beginning. w. Almond Street Subarea shall mean and include the following described proper- ties: 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 inter- section with the westerly right of way line of Ellis Street; thence 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 northeasterly 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 northeasterly 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 shall mean and include the following described properties: 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 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 241h 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 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 shall mean and include the following de- scribed properties: 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 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 2-1 in 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 shall mean and include the following described 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 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 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 shall mean and include the follow- ing 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 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. 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, and the Brewing and Malting Sub- area, each as described in this Section. cc. 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. 401-16 on November 21, 2016, 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. 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 Or- dinance No. 60-08. 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 Or- dinance 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 Or- dinance 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 com- puted 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. 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 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 com- puted 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. 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. 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. 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 Nos. 45-14, as previously amended, and Ordinance No. 61-08 (with respect to the area described herein as the Dubuque Brewing & Malting Subarea), and to fully implement the division of taxes in the North End, University Avenue Corridor, and West Locust Corridor Subareas. In the event that any provision of this Ordinance shall be de- termined to be contrary to law it shall not affect other provisions or application of this Ordinance which shall at all times be construed to fully invoke the provisions of Section 403.19 of the Code of Iowa with reference to the Amended Project Area and the 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 21st day of November, 2016. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published: November 25, 2016 6. Request for Work Session - Bee Branch Creek Restoration Project Walking Tour: City Manager requesting that the City Council schedule work session walking tours of the Bee Branch Creek Restoration Project on Monday, April 10, 2017 at 5:30 p.m.; and Mon- day, May 22, 2017 at 5:30 p.m. Motion by Connors to receive and file the documents and set the work sessions as recommended. Seconded by Lynch. Motion carried 7-0. COUNCIL MEMBER REPORTS Mayor Buol reported on his attendance and presentation at the recent National League of Cities Conference in Pittsburg, PA, regarding engaging small- and medium-sized cities in sustainability. Council Member Connors reported on her presentation to a Cub Scout group about elected officials noting the great level of knowledge about government with the scouts and leaders. CLOSED SESSION Motion by Jones to convene in closed session at 8:10 p.m. to discuss pending litigation and real estate transfer negotiations pursuant to Chapter 21.5(1)(c), -(j) Code of Iowa. Seconded by Resnick. Motion carried 7-0. For the record, the attorney who consulted with City Council on the issues discussed in the closed session was City Attorney Crenna Brumwell. Upon motion, the City Council reconvened in open session at 8:49 p.m. stating that staff had been given proper direction. There being no further business, upon motion the City Council adjourned at 8:50 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk