Derby Grange Road Housing Urban Renewal Area - Ordinance Correction Copyrighted
April 17, 2017
City of Dubuque Action Items # 5.
ITEM TITLE: Derby Grange Road Housing Urban Renewal Area-
Ordinance Correction
SUMMARY: City Manager recommending approval of an Ordinance
correcting the legal description in the Urban Renewal Plan
for the Derby Grange Road Housing Urban Renewal Area
adopted April 3, 2017.
ORDINANCE Correcting and amending Ordinance No. 14-
17, Providing that general property taxes levied and
collected each year on all property located within the Derby
Grange Road Housing Urban Renewal Area of the City of
Dubuque, County of Dubuque, State of Iowa, by and for the
benefit of the State of Iowa, City of Dubuque, County of
Dubuque, Dubuque Community School District, and other
Taxing Districts, be paid to a special fund for payment of
principal and interest on loans, monies advanced to and
indebtedness, including bonds issued or to be issued,
incurred by said City in connection with the Urban Renewal
Plan for the Derby Grange Road Housing Urban Renewal
Area
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion
A
ATTACHMENTS:
Description Type
Derby Grange Road Housing Urban Renewal Plan City Manager Memo
Corrected Legal Description-MVM Memo
Staff Memo Staff Memo
Corrected Ordinance Ordinance
Suggested Motion Wording Supporting Documentation
THE CITY OF Dubuque
DUB E i"
Masterpiece on the Mississippi 2007.2012.2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Corrected Legal Description for Urban Renewal Plan for the Derby Grange
Road Housing Urban Renewal Area
DATE: April 12, 2017
Economic Development Director Maurice Jones recommends City Council approval of
an Ordinance correcting the legal description in the Urban Renewal Plan for the Derby
Grange Road Housing Urban Renewal Area adopted April 3, 2017.
1 concur with the recommendation and respectfully request Mayor and City Council
approval.
v
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Maurice Jones, Economic Development Director
Dubuque Economic Development Department
THE CITY OF 50 West 13th Street
All-AmMmIily Dubuque,Iowa 52001-4864
DUB3 &kE1 I Office(563)589-4393
TTY(563)690-6678
® http://www.cityofdubuque.org
Masterpiece on the Mississippi 200.2012.2013
TO: Michael Van Milligen, City Manager
FROM: Maurice Jones, Economic Development Director
SUBJECT: Corrected Legal Description for Urban Renewal Plan for the Derby
Grange Road Housing Urban Renewal Area
DATE: April 11, 2017
INTRODUCTION
The purpose of this memorandum is to forward for City Council review and approval an
Ordinance correcting the legal description in the Urban Renewal Plan for the Derby
Grange Road Housing Urban Renewal Area adopted April 3, 2017.
BACKGROUND
The Derby Grange Road Housing Urban Renewal Area was established April 3, 2017.
The created Area will allow both public and private development efforts to benefit from
the use of tax increment financing in the Area and provide funding for low to moderate
income housing programs throughout the City of Dubuque.
DISCUSSION
After holding a public hearing on April 3, 2017, City Council reviewed and approved
Resolution 133-17 and Ordinance 14-17 which created the Derby Grange Road
Housing Urban Renewal Area. Subsequently, the documents were forwarded to the
County Auditor, where staff identified a scrivener's error in the legal description. The
legal description included in the Urban Renewal Plan and the Ordinance each included
a reference to "North Cascade Road" instead of "John F. Kennedy Road" in describing
one portion of the Area.
The attached Ordinance corrects and amends the scrivener's error in Ordinance 14-17
by updating the legal description for the Urban Renewal Project Area.
RECOMMENDATION/ ACTION STEP
I recommend that the attached Ordinance correcting the scrivener's error in the
description of the Urban Renewal Project Area be adopted in order to support
reinvestment efforts in the Urban Renewal Area.
Prepared by Jill Connors, Economic Development. 50 W. 13th St.. Dubuque. IA 52001. 563-589-4393
Return to Kevin Firnstahl, City Clerk, 50 W. 13th St., Dubuque, IA 52001, 563-589-4100
ORDINANCE NO. 14-17-A
AN ORDINANCE CORRECTING AND AMENDING ORDINANCE NO. 14-17,
PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH
YEAR ON ALL PROPERTY LOCATED WITHIN THE DERBY GRANGE ROAD
HOUSING URBAN RENEWAL AREA OF THE CITY OF DUBUQUE, COUNTY OF
DUBUQUE, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA,
CITY OF DUBUQUE, COUNTY OF DUBUQUE, DUBUQUE COMMUNITY SCHOOL
DISTRICT, AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL FUND FOR
PAYMENT OF PRINCIPAL AND INTEREST ON LOANS, MONIES ADVANCED TO
AND INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, INCURRED
BY SAID CITY IN CONNECTION WITH THE URBAN RENEWAL PLAN FOR THE
DERBY GRANGE ROAD HOUSING URBAN RENEWAL AREA
WHEREAS, by Resolution No. 133-17, adopted April 3, 2017, this Council found
and determined that certain areas located within the City and County are eligible and
should be designated as an urban renewal area under Iowa law, and approved and
adopted the Urban Renewal Plan (the "Urban Renewal Plan") for the Derby Grange Road
Housing Urban Renewal Area (the "Urban Renewal Area" or "Area") described therein;
and
WHEREAS, the Urban Renewal Plan approved and adopted by Resolution No.
133-17 contained a scrivener's error in the legal description of the Urban Renewal Project
Area; and
WHEREAS, Ordinance No. 14-17 regarding the general property taxes levied and
collected with the Urban Renewal District also contained a scrivener's error in the legal
description of the Urban Renewal Project Area and this amending ordinance is intended
to correct said errors.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF DUBUQUE,
IOWA:
Section 1: That the legal description of the property located within the Urban
Renewal Project Area of the Urban Renewal District and set forth in Section 1(a) of
Ordinance No. 14-17 is hereby corrected and amended to read as follows:
(a) Urban Renewal Project Area shall include that area described as follows:
All that part of the right of way of John F. Kennedy Road Tying between the
Northwesterly right of way line of Northwest Arterial (Iowa State Highway #32) and
the Northeasterly extension of the Northerly line of Lot,2 of Barton Randle Addition,
City of Dubuque, Iowa; and
All that part of the Easterly half of the right of way of John F. Kennedy Road lying
between the Northeasterly extension of the Northerly line of Lot 2 of Barton Randle
Addition, City of Dubuque, Iowa, and the Easterly extension of the Southerly line
of Lot 2 of Lot 1 of the Subdivision of the Southeast Quarter of the Southwest
Quarter of Section 9, T89N, R2E of the 5th P.M., Dubuque County, Iowa; and
A part of Lot 2 the Subdivision of Lot 1 of the Southeast'/ of the Southwest'/ of
Section 9, Township 89 North, Range 2 East of the 5th Principal Meridian, in the
County of Dubuque, Iowa, more particularly described as follows:
Commencing as a point of reference at the Northwest corner of Lot 2 of the
Subdivision of Lot 1 of the Southeast'/ of the Southwest'/ of Section 9, Township
89 North, Range 2 East of the 5th Principal Meridian, in the County of Dubuque,
Iowa; Thence North 88 Degrees 39 Minutes 26 Seconds East along the North line
of said Lot 2 a distance of 731.49 feet to the point of beginning; Thence continuing
North 88 Degrees 39 Minutes 26 Seconds East along the North line of said Lot 2
a distance of 137.55 feet to the Northeast corner of said Lot 2; Thence
Southeasterly along the East line of said Lot 2, being a circular curve concave to
the East, having a radius of 955.37 feet, a chord of 191.31 feet which bears South
06 Degrees 13 Minutes 07 Seconds East, an arc length of 191.63 feet; Thence
South 11 Degrees 58 Minutes 32 Seconds East along said East line a distance of
258.07 feet to the Southeast corner of said Lot 2; Thence South 88 Degrees 05
Minutes 36 Seconds West along the South line of said Lot 2 a distance of 33.52
feet to a point on the West right of vvay line of Kennedy Road; Thence North 11
Degrees 58 Minutes 32 Seconds West along said west right of way line a distance
of 279.21 feet; Thence Northwesterly along said West right of way line, being a
circular curve concave to the East having a radius of 988.37 feet, a chord of 34.46
feet which bears North 10 Degrees 57 Minutes 57 Seconds West, an arc length of
34.46 feet; Thence North 47 Degrees 24 Minutes 27 Seconds West along said
West right of way line a distance of 159.58 feet to a point on the South right of way
line of Derby Grange Road; Thence North 02 Degrees 06 Minutes 27 Seconds
West a distance of 52.00 feet to the point of beginning; and
All that part of Lot 2 of the Northeast '/ of the Southwest IA of Section 9, T89N,
R2E of the 5th P.M., Dubuque County, Iowa, Tying within the existing right of way
of John F. Kennedy Road; and
All of Lot 1 of Tscharner Place No. 4, Section 9, Township 89 North, Range 2 East
of the 5th P.M., Dubuque County, Iowa; and
All that part of Lot 2 of Tscharner Place No. 3, Dubuque County, Iowa, lying South
of the North line of the Southwest Quarter of Section 9, T89N, R2E of the 5th P.M.
and East of the Westerly right of way line of John F. Kennedy Road; and
All of Lot 1-A of The Barony, Dubuque County, Iowa; and
All that part of the Northwesterly half of the right of way of John F. Kennedy Road
lying Westerly of the West _line of Lot 1 of Hope Evangelical Free Church 1st
Addition, Dubuque County, Iowa, and lying Easterly of the Southerly extension of
the West line of Lot 1-A of The Barony, Dubuque County, Iowa; and
The West 19.85 acres of the North Half of the Southeast Quarter of the Northeast
Quarter of Section 9, Township 89 North, Range 2 East of the 5th P.M., Dubuque
County, Iowa (also known as the North Half of the Southeast Quarter of the
Northeast Quarter of Section 9, Township 89 North, Range 2 East of the 5th P.M.,
except 10 feet on the East side of said 20 acres of land reserved for a private
roadway, in Dubuque County, Iowa).
Section 2. That all other provisions of Ordinance No. 14-17 not affected or
otherwise revised by this Ordinance No. 14-17-A, as well as all ordinances previously
adopted by this City Council related to the Urban Renewal Plan be and the same are
hereby ratified, confirmed and approved in all respects.
Section 3. That if any section, provision or part of this ordinance shall be adjudged
invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance
or any section, provision or part thereof not adjudged invalid or unconstitutional.
Section 4. That all ordinances or parts of ordinances in conflict herewith be and
the same are hereby repealed to the extent of such conflict.
Section 5. This Ordinance shall be in effect after its final passage, approval and
publication as provided by law.
Passed, approved and adopted this 17th day of April, 2017.
roy D. Buol, Mayor
Attest:
Kev S. Firnstahl, City Clerk
Kevin Firnstahl
From:Kevin Firnstahl
Sent:Wednesday, April 19, 2017 1:35 PM
To:denise.dolan@dubuquecounty.us
Cc:Mary Habel; Jill Connors; Cynthia Kramer
Subject:Urban Renewal Correcting Resolutions and Ordinances
Attachments:Greater Downtown UR Correcting Resolution and Ordinance.pdf; South Pointe UR
Correcting Resolution and Ordinance.pdf; Derby Grange Rd UR Correcting Resolution
and Ordinance.pdf
Hi Denise,
Attached are copies of the Resolutions Nunc Pro Tunc and related ordinances correcting the legal descriptions for the
following Urban Renewal Areas.
Greater Downtown UR Area
South Pointe UR Area
Derby Grange Road UR Area.
I will drop off certified hard copies when I bring the ordinances down for recording – most likely on Thursday.
Please contact me if you have questions or difficulty with the attachments.
Thank you.
Kevin Firnstahl, City Clerk
City of Dubuque
th
50 W. 13 Street
Dubuque, IA 52001
563-589-4100
kfirnsta@cityofdubuque.org
1
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper
on the following dates: April 21, 2017, and for which the charge is $76.74.
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this day of , 20 /7 .
Notary Public in and for Dubuque County, Iowa.
MARY K WESTERMEYER
Commission Number 154885
My Commission Exp. Feb. 1, 2020
OFFICIAL
PUBLICATION
ORDINANCE
NO. 14-17-A '
AN . ORDINANCE'i
CORRECTING AND'
AMENDING ORDI-
NANCE NO. 14-17,
PROVIDING THAT
GENERAL PROPERTY
TAXES LEVIED AND
, COLLECTED EACH;
YEAR ON ALL
PROPERTY LOCATED '
WITHIN THE DERBY
GRANGE ROAD NOUS-
INGURBAN'RENEWAL
AREA OF THE CITY, OF
DUBUQUE, COUNTY
OF DUBUQUE, STATE
OF IOWA, BY AND
FOR THE''BENEFIT OF
' THE STATE; OF IOWA,
CITY OF DUBUQUE,
COUNTY OF DUBU-
QUE, DUBUQU,EpCOM-
MUNITY SCHOO4.1115.-,
TRICT, AND QTHER
TAXING ' DISTRICTS,
BE PAID TO A
SPECIAL FUND FOR
PAYMENT OF PRIN-
CIPAL AND INTEREST
ON LOANS, MONIES,
ADVANCED TO AND
INDEBTEDNESS,, IN-
CLUDING BONDS'
ISSUED OR _ TO BE
ISSUED, INCURRED
BY SAID. CRY," IN
CONNECTION WITH
THE URBAN RENEW-
AL PLAN FOR ''THE
DERBY GRANGE,
ROAD HOUSING UR-
BAN RENEWAL AREA I
WHEREAS, by Reso-
lution No. 133-17,
adopted April 3, 2017,
this Council found and
determined that
certain areas located
within the City and
County are eligible and
should be designated
as an urban, renewal
area under,; Iowa law, 1
and approved and
adopted the Urban -1
Renewal.. Plan (the
'Urban Renewal Plan!')
for'; the, Derby = Grange
Road' Housing Urban
Renewal Area (the
U,rban.Renewal Area"
or'
"Area") described
therein; and
WHEREAS, the' Urban
Renewal Plan approved
and adopted by Reso-
lution No. 133-17
contained; a scrivener's
error in `the • legal
description of the
Urban, Renewal Project
Area; and '
WHEREAS; Ordinance
No. 14-17 regarding the
generalproperty taxes
'levied and collected
with the Urban Renew-
al District also con-
tained , a scrivener's
error ' in the legal
description' of the_
Urban Renewal Project
'Area and this amend-
ing ordinance is intend-
ed to correct said
errors.
NOW, THEREFORE, BE
IT' ORDAINED BY THE
CITY' ' COUNCIL OF
;.DUBUQUE, IOWA:
Section 1: That the
;legal description of the
property located within
'the Urban Renewal
Project Area of 'the 1,
Urban Renewal District 1
and set forth in Section
`1(a) of Ordinance No.
14-17 is hereby cor-
rected and amended to
read as follows:
0) Urban Renewal
Project Area shall
include that area
described as follows:
All that part of „the
right of way of John F.'
Kennedy Road lying
betweenthe Northwest-
erly right of way line of
Northwest Arterial
(Iowa State Highway
#32) and'the Northeast-
erly extension of the
-Northerly line of Lot 2
of Barton Randle Addi-
tion, City of. Dubuque, '
Iowa; and
All that part of the
Easterly half of the I
,right of way of John F.
Kennedy Road lying
' between the Northeast-,
erly:'",extension of the
Northerly line, of Lot 2
of Barton:Ran'dle 'Addi-
tion; City of Dubuque,
Iowa, and the Easterly
extension of the South-
errs(' line of Lot 2 of Lot
'1 of the Subdivision of
the Southeast Quarter'1
of the Southwest Quar-
ter of Section' 9, T89N,
R2E of, the 5th P.M.,
DubuqueCounty, Iowa; ,
and
A part of Lot 2 the
Subdivision of Lot 1 of
, the Southeast �/4 of the
Southwest �/4 of Sec- 1
tion 9; Township 89
North, Range 2 East of
the 5th Principal'
Meridian, in the County
of Dubuque, Iowa,
more particularly des-
cribed'as follows:
Commencing as a
point of reference at'
the Northwest corner
of Lot 2 of the'
Subdivision of Lot 1 of,
the Southeast 1/4 of the
I1
,;5,
9t Township 89
' North, Rang,e,2 East of
the' 5th Principal Meri of the Westerly right of
dian, in th `' County of i way line of John F;'
Dubuque, Ia; Thence Kennedy Road; and
North 88 egrees 39' All of Lot 1-A of The
1' Minutes Seconds � Barony, Dubuque. Coun- I'1
East along ,,:the North ; ; ty, Iowa; and =;
line of saiCk Lot .2 a; 'l All that part of the
distance offr�f 1.49 feet i 1- Northwesterly half of
to the point of begin- 1 the right of way,of John 1
ning; Thenc, contra -F, Kennedy Road: lying
uing North 88 Degrees ; Westerly of, the' West:1
39 Minutes 26 Seconds j "line ofLot 1, of Hopei
East along the North ; Evangelical Free I
line of said Lot 2 . 41 Church 1st Addition,
distance: of 137.55 feet ,' _Dubuque County, Iowa, �
.tothe Northeastcorner and "lying ,Easterly of I
l of said Lot 2; -Thence ; the - Southerly exten- !
Southeasterly along 1 sion of the West line of 1
' the East line of said Lot , I Lot 1-A of The Barony, 'I
2, being a circular Dubuque County, Iowa;
curve concave to the
East, having a radius of 1 The: West 19.85 acres
191.31 feet which bears
955.37 feet, a chord of of the North Half of the
-,I Southeast Quarter of
South 06 Degrees 13 "the Northeast
9a; Township
89 North, Range 2 East i
of the 5th P.M., 1
Dubuque County, Iowa 1
(also known as the
North Half of the
Southeast Quarter of I
the Northeast Quarter ,'
of Section 9, Township
89 North, Range 2 East .
Minutes 07 Seconds.
East, an arc .length 'of
191.63 feet; Thence
H South 11 Degrees 58
Minutes 32 Seconds
East along said East !
line' a' distance of I
258.07 feet to the
Southeast corner of
said Lot 2; Thence
I South 88 Degrees 05 . of the 5th P.M., except
Minutes 36 Seconds
West along the South feet
of said 20 acres of land
line of said Lot a 1 ' 10 feet on the East side reserved for a private
distance of 33.52 et"''l '' roadway,, in Dubuque
to a point on the West County, Iowa).
right of way line of' Section 2, That all
Kennedy Road; Thence ' " other provisions of
.North 11 Degrees 58.1 Ordinance No. `14-17
Minutes 32 Seconds not affected or other-.,
West along said west wise revised by this l
! right of way -line a , Ordinance No. 14-17-A;"
distance of 279.21 feet; es , well as all
Thence Northwesterly, ordinances previously
along said West right i adopted by this City 1
-of way; line, being a Council related to the
circular curve concaveUrban Renewal Plan be 1
to the East - having a, and, the - same are
radius of 988.37 feet, al hereby ratified, con -
chord of 34.46 - feet, firmed and`approved in
, which bears North' 101, all respects. 1
. Degrees 57 Minutes.5,7, Section 3. That if any 1
Seconds West, an arc' section, provision or',
length of 34.46, feet;; part' of this ordinance
' Thence ' ' North 47, shall be . adjudged 1
Degrees, 24 Minutes 27
Seconds West alonginvalid or'unconstitu-
',
said West right of waytional, such adju'dica-
line a distance of
, tion shall not affect the 159.58 feet to a point validity of the ordi-
nance or any section,
on_theSouth, right of provision or part
way line of Derby l � thereof ,,not adjudged
Grange.. Road; Thence 9nvalitl Or', unconstitu
North 02 Degrees. 06, tional.
l' Minutes 27 Seconds Section . 4. That all
West a distance oft ordinances or parts of;
52.00 feet to the point ordinances
,"in conflict
of beginning;and herewith be and the
All that part of Lot 2 ' same are hereby
of the Northeast 1/4 of repealed to the extent
the Southwest '/4 of of such conflict.
Section 9, T89N, R2E of ' Section • 5. This.
the 5th P.M., Dubuque .Ordinance shall be in '
County, Iowa, 'lying. effect after its. final
within the existing passage, approval and
right of way of John F. Kennedy Road; and publication as provided ',
by law. -
All of Lot 1' of Passed, approved and
Tscharner Place No. 4,; adopted this 17th day
Section 9, Township 89 of April, 2017.
North, Range 2 East of of
D. Buol, Mayor
the 5th P.M., Dubuque Attest: /s/Kevin 5.
County, Iowa; and City Clerk
All that part of Lot 2 ' -Published officially in
of Tscharner Place No.the Telegraph Herald
3, Dubuque County, , newspaper on the 21st
1.Iowa, lying South of : day of April, 2017.
the North line , of the ', /s/Kevin 5. Firnstahl,
Southwest Quarter,of City Clerk
Section 9, T89N, R2E of It 4/21
the 5th P.M. and East