3 20 23 City Council Proceedings Official_Special and RegularCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special session at 6:00 p.m. on March 20, 2023, in the
second-floor Council Chambers of the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Cavanagh; Council Members Farber, Jones, Resnick, Roussell, Sprank,
Wethal; City Manager Van Milligen (arrived at 6:02 p.m.), City Attorney Brumwell.
Mayor Cavanagh read the call and stated this is a special session of the City Council call ed
for the purpose of conducting a work session on the Dubuque Regional Bicycle & Pedestrian
Plan.
WORK SESSION
DUBUQUE REGIONAL BICYCLE & PEDESTRIAN PLAN UPDATE
Planning Services Manager Wally Wernimont introduced Laura Carstens and Dan Fox of the
East Central Intergovernmental Association (ECIA). Ms. Carstens and Mr. Fox made a presen-
tation on the status of the Dubuque Regional Bicycle and Pedestrian Plan. Due to limited time
remaining in the work session, Mayor Cavanagh requested that the City Council contact the
presenters with any questions.
There being no further business, Mayor Cavanagh declared the meeting adjourned at 6:29
p.m.
/s/Adrienne N. Breitfelder, CMC, City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on March 20, 2023, in the
second-floor Council Chambers of the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Cavanagh; Council Members Farber, Jones, Resnick, Roussell, Sprank,
Wethal; City Manager Van Milligen, City Attorney Brumwell.
Mayor Cavanagh read the call and stated this is a regular session of the City Council called
for the purpose of conducting such business that may properly come before the City Council.
PLEDGE OF ALLEGIANCE
PRESENTATION(S)
1. COVID-19 Update: Public Health Director Mary Rose Corrigan provided an update on the
COVID-19 pandemic and response activities. City Council Members suggested that the COVID-
19 update change to a public health report that occurs every other month during flu season
based on the forthcoming elimination of COVID -19 mandatory reporting and termination of the
COVID-19 public health declaration.
CONSENT ITEMS
Motion by Resnick to receive and file the documents, adopt the resolutions, and dispose of
as indicated. Seconded by Farber. Motion carried 7 -0.
1. Minutes and Reports Submitted: Building Code Advisory and Appeals Board of 1/5/23;
City Council Proceedings of 2/27/23, 3/06/23, 03/07/23, 03/08/23 and 03/09/23; Resilient Com-
munity Advisory Commission of 3/2/23; Zoning Advisory Commission of 3/1/23; Zoning Board
of Adjustment of 2/23/23. Upon motion the documents were received and filed.
2. Notice of Claims and Suits: Nicolas Hayes for vehicle damage; Jeff Lehman for vehicle
damage. Upon motion the documents were received, filed, and referred to the City Attorney.
3. Disposition of Claims: City Attorney advised that the following claims have been referred
to Public Entity Risk Services of Io wa, the agent for the Iowa Communities Assurance Pool:
Nicole Hayes for vehicle damage; Jeff Lehman for vehicle damage. Upon motion the documents
were received, filed, and concurred.
4. Approval of City Expenditures: Upon motion the documents were received and filed, and
Resolution No. 67-23 Authorizing the Chief Financial Officer/City Treasurer to make certain
payments of bills that must be paid and approved for payment in accordance with City proce-
dures was adopted.
RESOLUTION NO. 67-23
AUTHORIZING THE CHIEF FINANCIAL OFFICER / CITY TREASURER TO MAKE CERTAIN
PAYMENTS OF BILLS THAT MUST BE PAID AND APPROVED FOR PAYMENT IN AC-
CORDANCE WITH CITY PROCEDURES
Whereas, Section 1-7-7(E) of the Municipal Code of the City of Dubuque provides that th e
Finance Director-City Treasurer shall keep an accurate account of all disbursements, money,
or property, specifying date, to whom, and from what fund paid; and
Whereas, the invoices, presented by those firms and persons providing such goods and ser-
vices have been pre-audited by Finance Department personnel in accordance with generally
accepted internal control procedures and have been determined to have been requisitioned for
a lawful municipal purpose; and
Whereas, the Chief Financial Officer-City Treasurer has provided a list of Expenditures at-
tached hereto, and by this reference made a part hereof, to be drawn to pay for goods and
services provided for City purposes; and
Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 142 -18
adopted May 7, 2018, authorized the Chief Financial Officer -City Treasurer to issue checks in
payment of certain expenditures known as Exception Expenditures prior to City Council ap-
proval and such list is attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA THAT:
Section 1. The Chief Financial Officer-City Treasurer is hereby authorized to issue payment
for goods and services provided for City purposes in response to the purchase orders and con-
tracts issued in compliance with state and municipal code requirements as requested by desig-
nated requisitioning authorities in accordance with approved budget appropriations.
Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Chief Finan-
cial Officer are hereby authorized and directed to provide the statement of receipts and dis-
bursements to the City Council, and to publish a summary thereof.
Passed, approved, and adopted this 20th day of March, 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
5. U.S. Environmental Protection Agency Solid Waste Recycling Grant: Upon motion the
documents were received, filed, and approved.
6. Letter of Opposition to Iowa Senate File 479: City Manager provided a copy of a letter to
Iowa Representative Chuck Isenhart in opposition to Iowa Senate File 479, a bill for an act
repealing energy conservation requirements for new construction. Upon motion the documents
were received and filed.
7. Civil Service Commission - Certified Lists: Civil Service Commission submitted the certified
lists for the positions of Police Officer and Fire Promotional ranks of Assistant Fire Chief, Assis-
tant Fire Marshal, Fire Captain, EMS Supervisor, Fire Equipment Operator and Fire Lieutenant.
Upon motion the documents were received, filed, and made a matter of record.
March 15, 2023
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Police
Officer was administered on March 11, 2023. We, The Civil Service Commission, hereby certify
that the individuals listed below have passed this written examination, are using a valid transfer
score, or are currently certified as an Iowa Law Enforcement Off icer and the vacancy for this
position should be made from this list and that this list is good through March 12, 2024.
Police Officer
1. Dustin Allen, 2. Noah Altman, 3. Nathan Goodson -Gregg, 4. Ashley Hahnbaum – Certified,
5. Sophia Hammond, 6. Marcus Leitzen, 7. Noah Perry – Transfer Score, 8. Kenneth Schrader,
9. Josh Vauthier – Transfer Score
Respectfully Submitted,
Scott Crabill
Civil Service Commissioner
February 20, 2023
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, examinations for the positions of Fire
Lieutenant, Assistant Fire Chief, Fire Equipment Operator, Fire Captain, Assistant Fire Marshal,
and EMS Supervisor were given the week of January 23, 2023. We, the Civil Service Commis-
sion, hereby certify that the individuals listed below have passed these written examinations
änd the vacancy for these positions should be made from this list and that this list is good for
two (2) years from the above date.
Fire Lieutenant
1. Corey LuGrain, 2. Robert Reed, 3. Kyle Reinert, 4. Chris Welu
Assistant Fire Chief
1. Jesse Coulson, 2. Nicholas Esch, 3. Lawrence Ewert, 4. Martin Fitzpatrick, 5. David Grass,
6. Jason Lueken
Fire Equipment Operator
1. Scott Brachman, 2. Jason Fuerstenberg, 3. Christopher Kluesner, 4. Robert Reed, 5. Kyle
Reinert, 6. Jeff Schmitt, 7. Joseph Schmitt
Assistant Fire Marshal
No passing scores
Fire Captain
1. Kyle Burke, 2. Jesse Coulson, 3. Martin Fitzpatrick, 4. Ryan Kieffer, 5. Edward Lahey, 6.
Todd Sieverding
EMS Supervisor
1. Kyle Reinert
The following individual has met the criteria to be placed on the certified list without the re-
quirement to take the written promotional test for the ranks listed below :
Greg Harris - Fire Lieutenant and Fire Equipment Operator
Respectfully submitted,
Scott Crabill
Civil Service Commissioner
8. Exclusive 3-Year Soft Drink Provider Agreement for Leisure Services : City Manager rec-
ommended City Council approval of the 3-year Pepsi agreement with Lime Rock Springs as the
exclusive soft drink provider for the Bunker Hill Golf Course, McAleece Concession, Flora and
Sutton Pools concession, Veterans Memorial Park, and the Port of Dubuque Marina. Upon mo-
tion the documents were received, filed, and approved.
9. Pre-Annexation Agreement – Terrence L. and Barbara Bahl: Upon motion the documents
were received and filed, and Resolution No. 68-23 Approving a Pre-Annexation Agreement be-
tween the City of Dubuque, Iowa and Terrence L. and Barbara Bahl was adopted.
RESOLUTION NO. 68-23
APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE,
IOWA AND TERRENCE L. AND BARBARA BAHL
Whereas, Terrence L. and Barbara Bahl, the owner of the following described property lo-
cated at 15461 Southwood Court in Dubuque County, Iowa (the Property) have submitted to
the City Council of the city of Dubuque an application for voluntary annexation of the Property
to the City of Dubuque:
Lot 5 in Briarwood Subdivision in Dubuque County, Iowa, according to the recorded plat
thereof, subject to easements and restrictions of record
Whereas, Terrence L. and Barbara Bahl 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 Dubu-
que 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 Dubu-
que, 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 DUBU-
QUE, IOWA:
Section 1. The Pre-annexation Agreement by and between Terrence L. and Barbara Bahl
and the City of Dubuque is hereby approved.
Passed, approved, and adopted this 20th day of March 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
10. Signed Contract(s): Experience Roofing for the Central Storage Rubber Roof Repair;
Sustainable Strategies DC for professional strategic funding services. Upon motion the docu-
ments were received and filed.
11. Menard Inc. Property Tax Appeal Stipulation of Settlement Approval : Senior Counsel
recommended approval of the stipulation of settlement for a property tax appeal filed by Menard
Inc. for their property located at 5300 Westside Drive. Upon motion the documents were re-
ceived, filed, and approved.
12. Canadian Pacific Railway Acquisition of Kansas City Southern Railroad & Pending Mer-
ger Update: Upon motion the documents were received and filed.
13. Purchase Agreement for Temporary Detour Easement Across Lot 1 in Riverview Plaza
No. 4 as Part of the Kerper Boulevard and Kerper Court Intersection Improvements Project with
HWY 151 & 61 Development, LLC: Upon motion the documents were received and filed, and
Resolution No. 69-23 Approving a Purchase Agreement Between the city of Dubuque, Iowa
and HWY 151 & 61 Development, LLC for a Temporary Detour Easement Across Lot 1 in River-
view Plaza No. 4 in the city of Dubuque Iowa as Part of the Kerper Boulevard and Kerper Court
Intersection Improvements Project was adopted.
RESOLUTION NO. 69-23
APPROVING A PURCHASE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA
AND HWY 151 & 61 DEVELOPMENT, LLC FOR A TEMPORARY DETOUR EASEMENT
ACROSS LOT 1 IN RIVERVIEW PLAZA NO. 4 IN THE CITY OF DUBUQUE IOWA AS PART
OF THE KERPER BOULEVARD AND KERPER COURT INTERSECTION IMPROVEMENTS
PROJECT
Whereas, per Resolution No. 387-22 the City of Dubuque has entered into an agreement
with Kwik Trip, Inc. (KTI) for the construction of certain improvements at the inters ection of
Kerper Boulevard and Kerper Court; and
Whereas, HWY 151 & 61 Development LLC is the owner of property between Kerper Boule-
vard and 16th Street, being the former Dubuque Packing site, legally described as Lot 1 in
Riverview Plaza No. 4 in the City of Dubuque, Iowa; and
Whereas, in order to reduce the time to construct the intersection improvements and limit
disruption to the traffic on Kerper Boulevard and Kerper Court, the City is proposing to construct
a temporary detour roadway through the HWY 151 & 61 Development, LLC property connecting
Kerper Court at its west end to 16th Street. The detour will allow Kerper Court to be closed at
its intersection with Kerper Boulevard during construction and allow traffic access to the Kerper
Boulevard properties/businesses via 16th Street and detour roadway; and
Whereas, the City of Dubuque has negotiated a Purchase Agreement, subject to City Council
approval, with Hwy 151 & 61 Development, LLC for a temporary detour easement thru Lot 1 in
Riverview Plaza No. 4 in the City of Dubuque, Iowa to construct and use said detour roadway
for the duration of the intersection improvements project; and
Whereas, the City Council finds that it is in the best interest of the City of Dubuque to approve
the Purchase Agreement attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. The Purchase Agreement attached hereto is hereby approved.
Section 2. The City Manager is authorized and directed to execute the Purchase Agreement
on behalf of the City of Dubuque and to take such action as may be necessary to carry out the
terms of the Purchase Agreement.
Passed, Approved, and Adopted this 20th day of March, 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
14. Amendment to Master Agreement and Project Statement - ImOn Communications LLC:
Upon motion the documents were received, filed, and approved.
15. Master Agreement and Project Statement Amendment - Unite Private Network (UPN):
Upon motion the documents were received, filed, and approved.
16. Tobacco Permit Application: Upon motion the documents were received and filed, and
Resolution No. 70-23 Approving applications for retail cigarette/tobacco sales/nicotine/vapor
permits, as required by Iowa Code Chapter 453A.47A was adopted.
RESOLUTION NO. 70-23
APPROVING APPLICATIONS FOR RETAIL CIGARETTE / TOBACCO SALES / NICOTINE /
VAPOR PERMITS, AS REQUIRED BY IOWA CODE 453A.47A
Whereas, applications for Cigarette/Tobacco/Nicotine/Vapor Permit Sales have been sub-
mitted 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 com-
ply with the Ordinances of the City and the applicants have filed the proper fees and otherwise
complied with the requirements of the Code of Ordinances.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA THAT:
Section 1. The City Clerk is hereby authorized and directed to cause to be issued the follow-
ing named applicants and locations for Cigarette/Tobacco/Nicotine/Vapor sales permit.
Business Name, Business Address
Pink Cloud Smoke Shop, 3301 Pennsylvania Ave.
Passed, approved, and adopted this 20th day of March 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
ITEMS SET FOR PUBLIC HEARING
Motion by Roussell to receive and file the documents, adopt the resolutions, and set the
public hearings as indicated. Seconded by Sprank. Motion carried 7-0.
1. Set Public Hearing - Disposition of City-Owned Property at 612 Lincoln Avenue: Upon
motion the documents were received and filed and Resolution No. 71-23 Intent to dispose of an
interest in City of Dubuque real estate to Affordable Housing Network, Inc, setting a time and
place for hearing, and providing for the publication of notice thereof was adopted setting a public
hearing for a meeting to commence at 6:30 p.m. on April 3, 2023 in the Historic Federal Building.
RESOLUTION NO. 71-23
INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE TO AF-
FORDABLE HOUSING NETWORK, INC, SETTING A TIME AND PLACE FOR HEARING,
AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF
Whereas, the City of Dubuque, Iowa (City) owns 612 Lincoln Avenue (the Property) legally
described as:
Southwesterly Half of Lot 53 and Lot 1 of Lot 54 in Cook’s Addition to the City of Dubuque,
Iowa, according to the recorded plat thereof; and
Whereas, the City acquired the property through petition for title to abandoned property; and
Whereas, it is the recommendation of the Housing and Community Development Department
to approve the purchase agreement for the sale to Affordable Housing Network, Inc. according
to the terms and conditions set out in the purchase agreement in the public interest of the City
of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. That the City of Dubuque, Iowa, proposes to approve the purchase agreement of
the above-described real estate to Affordable Housing Network, Inc.
Section 2. That the City Council shall conduct a public hearing on the proposed purchase
agreement in the City Council Chambers at th e Historic Federal Building, 350 W. 6th Street,
Dubuque, Iowa on the 3rd day of April, 2023, beginning at 6:30 PM.
Section 3. That the City Clerk be and is hereby authorized and directed to publish notice of
the public hearing in the form attached hereto, according to law.
Passed, approved, and adopted this 20th day of March 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne Breitfelder, City Clerk
2. Set for Public Hearing - Brehm Acres Voluntary Annexation Request: Upon motion the
documents were received and filed and Resolution No. 72-23 Setting a Public Hearing on an
Application for Voluntary Annexation of Territory to the City of Dubuque, Iowa was adopted
setting a public hearing for a meeting to commence at 6:30 p.m. on April 17, 2023 in the Historic
Federal Building.
RESOLUTION NO. 72-23
SETTING A PUBLIC HEARING ON AN APPLICATION FOR VOLUNTARY ANNEXATION OF
TERRITORY TO THE CITY OF DUBUQUE, IOWA
Whereas, the City Council of Dubuque has received a written application from John and
Diane Brehm (property owners) and Seippel Warehouse LLC (applicant and future property
owner) for the voluntary annexation of 2.804 acres of property. The property is comprised of
agricultural land east of Cottingham Road and west of Dubuque Industrial Center South as
shown on Exhibit A and legally described as:
Part of Lot 1 In Brehm Acres Plat 2. Dubuque County, Iowa, more particularly described
as follows: Commencing at the East Quarter Corner of Section 36, Township 89 North,
Range 1 East of the 5th P.M., Dubuque County, Iowa; thence S00°05’05"E, 394.29 Feet
To along the east line of the Southeast quarter of said Section 36 to the Centerline of
Cottingham Road and the point of beginning; thence continuing S00°05’05"E, 794.63 feet
along said East line; thence N66°16'22"W, 100.00 feet; thence N46°30'28"W, 193.69 feet;
thence N20°13'45"W, 170.84 feet to the centerline of Cottingham Road; thence
N40°16'31"E, 176.53 feet along said centerline to the beginning of a centerline curve tan-
gent to said line; thence Northeasterly and Northerly, 255.77 feet along the curve c oncave
to the Northwest, having a radius of 740.82 feet and a central angle of 19°46'53"; thence
N20°30'25”E, 33.09 feet along said centerline to the beginning of a centerline curve;
thence Northerly and Northeasterly, 83.73 feet along said curve having a radius of 325.00
feet, concave to the Southeast, a central angle of 14°45'38" and a chord which bears
N25°10'38"E, 83.50 feet to the point of beginning, containing 2.804 acres, which includes
0.402 acres of existing public road right of way.
Whereas, the annexation territory is not subject to an existing annexation moratorium agree-
ment and does not include any railroad property; and
Whereas, the annexation territory does not include State owned property; and
Whereas, Chapter 368 of the Code of Iowa authorizes this annexation by adoption of a res-
olution and required notification; and
Whereas, the annexation territory is consistent with the City’s Comprehensive Plan; and
Whereas, the future growth and development of the City of Dubuque, Iowa makes it desirable
that the annexation territory be made part of the City of Dubuque, Iowa; and
Whereas, the City of Dubuque has the capacity to provide substantial municipal services to
the annexation territory; and
Whereas, the annexation is in the public interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
A public hearing will be held on the 17th day of April 2023, at 6:30 p.m. in the Historic Federal
Building Council Chambers (second floor), 350 West 6th Street, Dubuq ue, Iowa, at which time
interested persons may appear and be heard for or against the proposed annexation, and the
City Clerk be and is hereby directed to cause the attached notice of the time and place of such
hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa,
which notice shall be published not less than fourteen days prior to the date of such hearing.
Passed, approved, and adopted this 20th day of March 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne Breitfelder, City Clerk
PUBLIC HEARINGS
1. Request to Amend Planned Unit Development 2600 Dodge Street, Plaza 20 : 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 Roussell. Planning Services Manager Wally Werni-
mont provided a staff report. City Council members requested an update on resolving the cur-
rent traffic pattern and barricades in Plaza 20 resulting from Starbucks to confirm those situa-
tions will be resolved before any additional development in Plaza 20 is approved. City Engineer
Gus Psihoyos stated that the city’s agreement with Starbucks resulted in the current traffic pat-
terns. The Engineering Department is preparing to issue bids this spring to modify the traffic
patterns. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 7-23 Amending Title
16, The Unified Development Code of the City of Dubuque Code of Ordinances by rescinding
Ordinance 51-16 which established regulations for the Plaza 20 PUD Planned Unit Develop-
ment District with a Planned Commercial Designation and now being amended to allow for
modification of the On-Premise Sign Regulations applied to Plaza 20 . Seconded by Roussell.
Motion carried 7-0.
ORDINANCE NO. 7-23
AMENDING TITLE 16, THE UNIFIED DEVELOPMENT CODE OF THE CITY OF DUBUQUE
CODE OF ORDINANCES BY RESCINDING ORDINANCE 51-16 WHICH ESTABLISHED
REGULATIONS FOR THE PLAZA 20 PUD PLANNED UNIT DEVELOPMENT DISTRICT
WITH A PLANNED COMMERCIAL DESIGNATION AND NOW BEING AMENDED TO AL-
LOW FOR MODIFICATION OF THE ON-PREMISE SIGN REGULATIONS APPLIED TO
PLAZA 20
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. That Title 16, the Unified Development Code of the City of Dubuque Code of
Ordinances is hereby amended by rescinding Ordinance 51 -16 which established regulations
for the Plaza 20 Planned Unit Development District with a Planne d Commercial District desig-
nation, and now being amended to allow modification of the on-premise sign regulations applied
to Plaza 20, to wit:
A. Use Regulations
The following regulations shall apply to all uses made of land in the above -described
Planned Unit Development:
Principal permitted uses: The following uses are permitted in the Plaza 20 Planned Unit
Development:
1. Regional shopping center
2. Retail sales/service
3. Indoor restaurant
4. Drive-in/carry-out restaurant
5. General offices
6. Indoor recreation
7. Outdoor recreation
8. Auto sales and service
9. Auto service centers
10. Automated gas station
11. Self-service car wash
12. Business services
13. Hotel
14. Motel
15. Auditorium or assembly hall
Accessory Uses: The following accessory uses are permitted in the Plaza 20 Planned
Unit Development:
1. Any use customarily incidental and subordinate to the principal use it serves.
2. Outdoor seating as part of an indoor restaurant, bar or tavern.
Conditional Uses: The following conditional uses are permitted in the Plaza 20 Planned
Unit Development, subject to the provisions of Section 8 of the Unified Development Code
that establishes requirements for application to the Zoning Board of Adjustment for a con-
ditional use permit, and any other specific conditions listed below for a conditional use.
1. Licensed childcare centers, provided that:
a. Such facility shall supply loading and unloading spaces so as not to obstruct public
streets or create traffic or safety hazards;
b. All licenses have been issued or have been applied for and are awaiting the outcome
of the state’s decision; and
c. Such use shall not be located within the same structure as any gas station, bar/tavern,
automated gas station or any facility selling, servicing, repairing, or renting vehicles.
d. The conditional use applicant certifies that the premises on which the licensed child-
care center will be located complies with, and will for so long as the licensed child care
center is so located, continue to comply with all local, state and federal regulations
governing hazardous substances, hazardous conditions, hazardous wastes, and haz-
ardous materials.
e. If the applicant is subject to the requirements of Section 302 of the Superfund Amend-
ments and Reauthorization Act of 1986, as amended, the Emergency Management
Director shall certify whether or not the applicant has submitted a current inventory of
extremely hazardous substances kept or stored on the premises. If any such extremely
hazardous substances are kept or stored on the premises, the applicant shall also post
in a conspicuous place on the premises a notice indicating a description of the ex-
tremely hazardous substances, and the physical and health hazards presented by such
substances.
f. Applicant shall submit an evacuation plan for approval by the City, both written and
drawn, that details where the children will go in the event of a hazardous materials
incident. The plan shall include a “house in place” scenario in which the children can
be kept safely within a room of the building that has no penetration to the outside (win-
dows, doors, etc.).
g. Applicant shall submit plans for approval by the City that indicate the installation of a
main emergency shut-off switch for the heating, ventilation, and air conditioning (HVAC)
system to minimize the infiltration risk of airborne hazardous materials.
B. Lot and Bulk Regulations.
The following bulk regulations shall apply in the Plaza 20 Planned Unit Development,
subject to the provisions of the Unified Development Code.
1. All shopping center buildings, structures, and activities shall be developed in substantial
conformance with previously approved conceptual development plan(s).
2. All shopping center buildings and structures shall be limited to a maximum height of 40
feet.
3. All buildings and structures located on out lots shall be developed in compliance with
the bulk regulations of the C-3 General Commercial district.
C. Sign Regulations.
1. The provisions of the City of Dubuque Unified Development Code, Section 15 Signs
shall apply unless further regulated by this section.
2. On-premise signs: On-premise signs shall be regulated in accordance with the provi-
sions of Exhibit A.
3. Off-premise signs: Off-premise signs shall be prohibited.
4. Variances: Variances from sign requirements for size, number, and height may be re-
quested. Such variances shall be reviewed by the Zoning Board of Adjustment in accord-
ance with Article 8-6 of the Unified Development Code.
D. Parking Regulations
1. Parking requirements for Plaza 20 shall be one space per 250 square feet of retail
space accessible to the general public.
2. All vehicle-related features shall be surfaced with standard or permeable asphalt, con-
crete, or pavers.
3. Curbing and proper surface drainage of storm water shall be provided.
4. All parking and loading spaces shall be delineated on the surfacing material by painted
stripes or other permanent means.
5. The size and design of parking spaces shall be governed by applicable provisions of
the Unified Development Code enforced at the time of development of the lot.
6. The number, size, design, and location of parking spaces designated for persons with
disabilities shall be according to the local, state, or federal requirements in effect at the
time of development.
7. Parking requirements for businesses located on out lots shall comply with the provisions
of Section 14 of the Unified Development Code.
E. Site Lighting
1. Exterior illumination of site features shall be limited to the illumination of the following:
a. Parking areas, driveways and loading facilities.
b. Pedestrian walkway surfaces and entrances to building.
c. Building exterior.
2. Location and Design
a. All exterior lighting luminaries shall be designed and installed to shield light from the
luminaries at angles above 72-degrees from vertical.
b. Fixtures mounted on a building shall not be positioned higher than the roofline of the
building.
c. All electrical service lines to posts and fixtures shall be underground and concealed
inside the posts.
F. Exterior Trash Collection Areas
1. The storage of trash and debris shall be limited to that produced by the principal per-
mitted use and accessory uses of the lot.
2. All exterior trash collection areas and the materials conta ined therein shall be visually
screened from view. The screening shall be completely opaque fence, wall or other fea-
ture not exceeding a height of 10 feet measured from the ground level outside the line of
the screen. Screens built on sloping grades shall be stepped so that their top line shall
be horizontal. All exterior entrances to a screened trash area shall be provided with a
gate or door of similar design to that of the screen.
G. Performance Standards
The development and maintenance of uses in this Planned Unit Development shall be
established in conformance with the following standards.
1. That the east side of Plaza 20 adjacent to the new retail space be planted with species
of shade trees that will provide an effective screen in the future between the commercial
plaza and residential properties to the east.
2. Platting: Subdivision plats shall be submitted in accordance with Section 11 Land Sub-
division of the City of Dubuque Unified Development Code.
3. Site Plans: Final site development plans shall be submitted in accordance with Section
12 Site Plans and Section 13 Site Design Standards of the City of Dubuque Unified De-
velopment Code prior to construction of each building and vehicle -related feature unless
otherwise exempted by Article 12.
4. Storm Water Conveyance: The developer of each lot shall be responsible for providing
surface or subsurface conveyance(s) of storm water from the lot to existing storm sewers
or to the flow line of open drainage ways outside the lot in a means that is satisfactory to
the Engineering Department of the City of Dubuque. Other applicable regulations en-
forced by the City of Dubuque relative to storm water management and drainage shall
apply to properties in the Planned Unit Development.
H. Other Codes and Regulations
1. Service Lines. All electric, telephone, cable, or other similar utility lines serving the build-
ing and other site features shall be located underground, where feasible.
2. These regulations do not relieve the owner from other applicable city, coun ty, state or
federal codes, regulations, laws, and other controls relative to the planning, construction,
operation, and management of property within the city of Dubuque.
I. Transfer of Ownership
Transfer of ownership or lease of property in the Plaza 20 PUD shall include in the trans-
fer or lease agreement a provision that the purchaser or lessee acknowledges awareness
of the conditions authorizing the establishment of the District PUD.
J. Recording
A copy of this PUD Ordinance shall be recorded, at the expense of the property owner,
with the Dubuque County Recorder as a permanent record of the conditions accepted as
part of this reclassification approval. This ordinance shall be binding upon the undersigned
and his/her heirs, successors and assigns.
Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory
Commission of the City of Dubuque, Iowa.
Section 3. The foregoing amendment shall take effect upon publication, as provided by law.
Passed, approved, and adopted this 20th day of March 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
2. Request to rezone the property of approximately 2.4-acre irregularly shaped site with front-
age along Carter Road PIN 1015453009 property to a Planned Unit Development with PR-
Planned Residential designation: 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 b e suspended. Seconded by
Farber. Planning Services Manager Wally Wernimont provided a staff report. Mike Jozefowicz,
2735 Hickory Hill; Dan Williams, 2710 Hickory Hill; Paula Lange, 3077 Westmore Dr.; and Paige
Thomas, 3023 Westmore Dr.; spoke in opposition to the rezoning. Applicant Kevin Oberbroeck-
ling of CK Construction spoke in support of the rezoning. Responding to questions from the City
Council, Mr. Wernimont summarized the process for reviewing stormwater management plans
and referenced studies that indicated the city’s future housing needs. Mr. Wernimont also spoke
about the process which determined that a traffic study was not required and how flooding com-
plaints regarding private properties would be addressed. Responding to questions from the City
Council, Zoning Advisory Commission Member Richard Russell stated that the Zoning Advisory
Commission had three excused absences from the commission meeting in which this public
hearing occurred, and that another commission member recused himself from the vote due to
a conflict of interest. Mr. Russell stated that the commission expressed concerns on density
during the hearing and discussed the other multi-family developments in the vicinity. City Man-
ager Van Milligen stated that liability for stormwater property damage could not be determined
without additional review. City Attorney Brumwell stated that the city’s role in stormwater dam-
age is limited to enforcement, with the city referring residents to private attorneys for legal guid-
ance. City Council members discussed the need for additional housing and that traffic patterns
at certain schools could potentially be reviewed in the future. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 8-23 Amending Title
16 of The Unified Development Code of the City of Dubuque Code of Ordinances by Rescinding
Ordinance 10-96 and Ordinance 45-93 and Adopting a PUD Planned Unit Development with a
PR Planned Residential District Designation and Conceptual Development Plan for one 16-Unit
and one 24-Unit Multi-Family Residential Building with a Detached Garage. Seconded by Far-
ber. Motion carried 7-0.
ORDINANCE NO. 8 - 23
AMENDING TITLE 16 OF THE UNIFIED DEVELOPMENT CODE OF THE CITY OF DUBU-
QUE CODE OF ORDINANCES BY RESCINDING ORDINANCE 10-96 AND ORDINANCE 45-
93 AND ADOPTING A PUD PLANNED UNIT DEVELOPMENT WITH A PR PLANNED RESI-
DENTIAL DISTRICT DESIGNATION AND CONCEPTUAL DEVELOPMENT PLAN FOR ONE
16-UNIT AND ONE 24-UNIT MULTI-FAMILY RESIDENTIAL BUILDING WITH A DETACHED
GARAGE
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. That Title 16 of the Unified Development Code of the City of Dubuque Code of
Ordinances is hereby amended by reclassifying the hereinafter-described property from PUD
with a PR Planned Residential District designation to PUD Planned Unit Development District
with a PR Planned Residential District designation, and adopting a conceptual development
plan, a copy of which is attached to and made a part hereof, is hereby adopted an d approved
for the following described property, to wit:
Lot 2 St. Mary’s Place No. 4 and to the centerline of the adjoining public right -of-way, all
in the City of Dubuque, Iowa.
A. Use Regulations - The following regulations shall apply to all uses made of land in the
above-described PR Planned Residential District:
1. Principal permitted uses shall be limited to one 16 -unit multi-family residential building,
one 24-unit multi-family residential buildings, and a detached parking garage.
2. Accessory uses shall include any use customarily incidental and subordinate to the prin-
cipal use it serves.
B. Lot and Bulk Regulations - Development of land in the PR Planned Residential District
shall be regulated as follows:
1. Buildings setbacks shall be located in substantial conformance with the approved con-
ceptual development plan.
2. Maximum building height of 40 feet shall be allowed in this Planned Residential District.
3. Unless otherwise indicated, the development of the property in this Planned Residential
District shall be regulated by Section 16-5-5 of the Unified Development Code, R-4 Multi-
Family Residential District.
C. Performance Standards - The development and maintenance of uses in this PR Planned
Residential District shall be regulated as follows:
1. Parking Regulations
a. All vehicle-related features shall be surfaced with either asphalt or concrete.
b. Curbing and proper surface drainage of storm water shall be provided.
c. All parking and loading spaces shall be delineated on the surfacing material by painted
stripes or other permanent means.
d. Off-street parking shall be provided based on the approved conceptual plan.
e. The number, size, and design of parking spaces shall be governed by applicable provi-
sions of the Unified Development Code Section 13-3 Site Development Regulations.
f. The number, size, design, and location of parking spaces designated for persons with
disabilities shall be according to the local, state, or federal requirements in effect at the
time of development.
2. Site Lighting
a. Exterior illumination of site features shall be limited to the illumination of the following:
i. Parking areas, driveways, and loading facilities.
ii. Pedestrian walkway surfaces and entrances to building.
iii. Building exterior.
b. Location and Design
i. No light source shall provide illumination onto adjacent lots, buildings, or streets in
excess of 1.0-foot candle.
ii. All exterior lighting luminaries shall be designed and installed to shield light from the
luminaries at angles above 72-degrees from vertical.
iii. Fixtures mounted on a building shall not be positioned higher than the roofline of the
building.
iv. All electrical service lines to posts and fixtures shall be underground and concealed
inside the posts.
3. Landscaping - Landscaping shall be provided in compliance with Section 13-4 Landscap-
ing and Screening Requirements of the Unified Development Code.
4. Storm Water Management - The developer shall be responsible for providing surface or
subsurface conveyance(s) of storm water from the lot to existing storm sewers or to flow
line of open drainageways outside the lot in a means that is satisfactory to the Engineering
Department of the City of Dubuque. Other applicable regulations enforced by the City of
Dubuque relative to storm water management and drainage shall apply.
5. Exterior Trash Collection Areas
a. The storage of trash and debris shall be limited to that produced by the principal per-
mitted use and accessory uses on the lot.
b. All exterior trash collection areas and the material contained therein shall be visually
screened from view. The screening shall be completely opaque fence, wall, or other fea-
ture not exceeding a height of 10 feet measured from the ground level outside the line of
the screen. Screens built on sloping grades shall be stepped so that their top line shall
be horizontal. Exposed materials used to construct the opaque screen shall be similar in
appearance to materials used for exterior building walls. All exterior entrances to a
screened trash area shall be provided with a gate or door of similar design to that of the
screen. If a 10-foot height screen fails to shield the exterior trash collection area from
view from the adjacent public right-of-way and neighboring properties, evergreen plant-
ings may be required in addition to the screening. Evergreen plant material shall be se-
lected and designed so that they screen the area from all off -site visibility within five (5)
years.
6. Open Space - Open space and landscaping in the PR Planned Residential District shall
be regulated as follows. Those areas not designated on the conceptual development plan
shall be maintained as open space, as defined Article 13 of the Unified Development Code
of the City of Dubuque, Iowa, by the property owner and/or association.
7. Platting - Subdivision plats and improvement plans shall be submitted in accordance with
Article 11 Land Subdivision, of the City of Dubuque Unified Development Code.
8. Site Plans. Final site development plans shall be submitted in accordance with Article 12
Site Plans and Article 13 Site Design Standards prior to construction of each building and
vehicle-related feature unless otherwise exempted by Article 12.
D. Sign Regulations
1. Signs in the Planned Residential District shall be regulated in accordance with the R-4
Multi-Family Residential Zoning District sign regulations, Section 16 -15-11.1 of the Unified
Development Code.
2. Variance requests from sign requirements for size, number, and height shall be reviewed
by the Zoning Board of Adjustment in accordance with Section 16-8-6 of the Unified De-
velopment Code.
E. Other Codes and Regulations
1. Service Lines. All electric, telephone, cable, or other similar utility lines serving the build-
ing and other site features shall be located underground.
2. The use of semi-trailers and shipping containers for storage is prohibited.
3. These regulations do not relieve the owner from other applicable city, county, state, or
federal codes, regulations, laws, and other controls relative to the p lanning, construction,
operation, and management of property within the City of Dubuque.
F. Ordinance History
1. Ord. 45-93: Establishment of a Planned Unit Development for a 16 -unit condominium
development.
2. Ord. 10-96: Establishment of a Planned Unit Development for a 64 -unit senior housing
development.
G. Transfer of Ownership - Transfer of ownership or lease of property in this PR Planned
Residential District shall include the transfer or lease agreement a provision that the pur-
chaser or lessee acknowledges awareness of the conditions authorizing the establishment
of the district.
H. Modifications - Any modifications of this Ordinance must be approved by the City Council
in accordance with zoning reclassification proceedings of Article 9-5 of the Unified Devel-
opment Code.
I. Occupancy Permits - No occupancy permit shall be issued by the City of Dubuque for
property included in the subject planned unit development district until full compliance with
this ordinance has been achieved.
J. Recording - A copy of this ordinance shall be recorded at the expense of the property
owner(s) with the Dubuque County Recorder a permanent record of the conditions accepted
as part of this reclassification approval within thirty (30) days after the adoption of this ordi-
nance. This ordinance shall be binding upon the undersigned and his/her heirs, successors,
and assigns.
Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory
Commission of the City of Dubuque, Iowa.
Section 3. The foregoing amendment shall take effect upon publication, as provided by law.
Passed, approved, and adopted this 20th day of March 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
3. Amendment of the Dubuque Industrial Center Economic Development District Urban Re-
newal Plan, Version 2023.1: Motion by Roussell to receive and file the documents and adopt
Resolution No. 73-23 Approving the Amended and Restated Urban Renewal Plan, Version
2023.1, for the Dubuque Industrial Center Economic Development District. Seconded by
Sprank. Motion carried 7-0.
RESOLUTION NO. 73-23
APPROVING THE AMENDED AND RESTATED URBAN RENEWAL PLAN, VERSION
2023.1, FOR THE DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DIS-
TRICT
Whereas, by Resolution 52-23 adopted on February 20, 2023, the City Council of the City of
Dubuque, Iowa authorized the preparation of an Amended and Restated Urban Renewal Plan
(the “Amended and Restated Urban Renewal Plan” or “Plan”) for the Dubuque Industrial Center
Economic Development District (the "District"); and
Whereas, the Amended and Restated Urban Renewal Plan for the District, Version 2023.1,
is on file in the City Clerk's Office; and
Whereas, the City Council’s primary objective for the Amended and Restated Urban Renewal
Plan for the District is to remove property from Subarea E of the District and to add a project to
the Public Purpose Activities as shown in the attached Amended and Restated Urban Renewal
Plan to provide opportunities which will further economic development purposes and objectives
as described in the Plan; and
Whereas, a consultation process has been undertaken with affe cted taxing entities in ac-
cordance with Chapter 403 of the Code of Iowa and no written objections or recommended
changes to the Plan have been received; and
Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has held a
public hearing on the Amended and Restated Urban Renewal Plan after public notice thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. That the Amended and Restated Urban Renewal Plan for the Dubuque Industrial
Center Economic Development District, Version 2023.1, is hereby approved.
Section 2. That a feasible method exists for the location of any families who will be displaced
from the District, as amended, into decent, safe, and sanitary 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. With respect to any real property in
the District acquired by the City in connection with the land and projects included in the Plan,
non-residential use is expected and with reference to those portions thereof which are to be
developed for non-residential uses, such non-residential uses are necessary and appropriate
to facilitate the proper growth and development of the City in accordance with sound planning
standards and local community objectives.
Section 3. That the District, as amended, continues to be an area for economic development
(commercial and industrial) within the meaning of Iowa Code Chapter 403; that such area is
eligible for designation as an urban renewal area and otherwise meets all requisites under the
provisions of Iowa Code Chapter 403; and that the rehabilitation, conservation, redevelopment,
development, or a combination thereof, of such area is necessary in the interest of the public
health, safety or welfare of the residents of this City.
Section 4. That, notwithstanding any resolution, ordinance, plan, amendment, or any other
document, the Amended and Restated Plan shall be in full force and effect from the date of this
Resolution until the Council amends or repeals the Plan.
Section 5. That the City Clerk of the City of Dubuque, Iowa is hereby authorized and directed
to file a certified copy of this Resolution in the office of the Dubuque County Auditor.
Passed, approved, and adopted this 20th day of March, 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
4. Amendment of the Dubuque Industrial Center Economic Development District Urban Re-
newal Plan, Version 2023.2: Motion by Farber to receive and file the documents and adopt
Resolution No. 74-23 Approving the Amended and Restated Urban Renewal Plan, Version
2023.2, for the Dubuque Industrial Center Economic Development District. Seconded by Res-
nick. Motion carried 7-0.
RESOLUTION NO. 74-23
APPROVING THE AMENDED AND RESTATED URBAN RENEWAL PLAN, VERSION
2023.2, FOR THE DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DIS-
TRICT
Whereas, by Resolution 53-23 adopted on February 20, 2023, the City Council of the City of
Dubuque, Iowa authorized the preparation of an Amended and Restated Urban Renewal Plan
(the “Amended and Restated Urban Renewal Plan” or “Plan”) for the Dubuque Industrial Center
Economic Development District (the "District"); and
Whereas, the Amended and Restated Urban Renewal Plan for the District, Version 2023.2,
is on file in the City Clerk's Office; and
Whereas, the City Council’s primary objective for the Amended and Restated Urban Renewal
Plan for the District is to expand the District by creating Subarea S and to add a project to the
Public Purpose Activities as shown in the Amended and Restated Urban Renewal Plan Version
2023.2 to provide opportunities which will further economic development purposes and objec-
tives as described in the Plan; and
Whereas, a consultation process has been undertaken with affected taxing entities in ac-
cordance with Chapter 403 of the Code of Iowa and no written objections or recommended
changes to the Plan have been received; and
Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has held a
public hearing on the Amended and Restated Urban Renewal Plan after public notice thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. That the Amended and Restated Urban Renewal Plan for the Dubuque Industrial
Center Economic Development District, Version 2023.2, is hereby approved.
Section 2. That a feasible method exists for the location of any families who will be displaced
from the District, as amended, into decent, safe, and sanitary 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. With respect to any real property in
the District acquired by the City in connection with the land and projects included in the Plan,
non-residential use is expected and with reference to those portions thereof which are to be
developed for non-residential uses, such non-residential uses are necessary and appropriate
to facilitate the proper growth and development of the City in accordance with sound planning
standards and local community objectives.
Section 3. That the District, as amended, continues to be an area for economic development
(commercial and industrial) within the meaning of Iowa Code Chapter 403; that such area is
eligible for designation as an urban renewal area and otherwise meets all requisites under the
provisions of Iowa Code Chapter 403; and that the rehabilitation, conservation, redevelopment,
development, or a combination thereof, of such area is necessary in the interest of the public
health, safety or welfare of the residents of this City.
Section 4. That, notwithstanding any resolution, ordinance, plan, amendment, or any other
document, the Amended and Restated Plan shall be in full force and effect from the date of this
Resolution until the Council amends or repeals the Plan.
Section 5. That the City Clerk of the City of Dubuque, Iowa is hereby authorized and directed
to file a certified copy of this Resolution in the office of the Dubuque County Auditor.
Passed, approved and adopted this 20th day of March, 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
5. Request to Vacate a Portion of Certain Sanitary Sewer Easements across a Part of Lot 1
of Dubuque Industrial Center 14th Addition: Motion by Sprank to receive and file the documents
and adopt Resolution No. 75-23 Disposing of Property by Vacating City Interest in a Portion of
Easements for Sanitary Sewer Utilities Over and Across a Part of Lot 1 of Dubuque Industrial
Center 14th Addition, in the City of Dubuque, Iowa. Seconded by Resnick. Motion carried 6 -0
with Jones momentarily away from the dais at the time of the vote.
RESOLUTION NO. 75-23
DISPOSING OF PROPERTY BY VACATING CITY INTEREST IN A PORTION OF EASE-
MENTS FOR SANITARY SEWER UTILITIES OVER AND ACROSS A PART OF LOT 1 OF
DUBUQUE INDUSTRIAL CENTER 14TH ADDITION, IN THE CITY OF DUBUQUE, IOWA
Whereas, the City Council, by Resolution No. 61-23, dated the 6th day of March 2023, de-
clared its intent to dispose of City interest in utility easements on real property, legally described
as:
Part of Lot 1 of Dubuque Industrial Center 14th Addition, in the City of Dubuque, Dubuque
County, Iowa, according to the recorded plat thereof (the Property); and
Whereas, per an agreement between the City of Dubuque, Dubuque Initiatives, MAR Hold-
ings, and Geisler Family Realty Company, the parties wish to set forth terms for the relocation
of a proposed public sanitary sewer utility located in Part of Lot 1 of Dubuque Industrial Center
14th Addition, in the City of Dubuque, Dubuque County, Iowa; and
Whereas, that sanitary sewer easements were included on the Plat of Survey recorded as
Instrument No. 10616-99 and the Final Plat recorded as Instrument No. 2006 -11108 in the
Dubuque County Recorder’s Office; and
Whereas, a part of the City of Dubuque sanitary sewer that had previously been constructed
inside the easements provided on Plat of Survey recorded as Instrument No. 10616-99 and the
Final Plat recorded as Instrument No. 2006-11108 in the Dubuque County Recorder’s Office
have been relocated to a new alignment by Geisler Family Realty; and
Whereas, per Resolution No. 272-22 the City of Dubuque has inspected and tested and ac-
cepted the newly constructed and relocated sanitary sewer for ownership and maintenance and
as per Resolution No. 40-22 the City has accepted a Grant of Sanitary Sewer for the newly
constructed and relocated sanitary sewer; and
Whereas, per said agreement the City is responsible for vacating a portion of the former
sanitary sewer easement area through a part of Lot 1 of Dubuque Industrial Center 14th Addi-
tion, in the City of Dubuque, Dubuque County, Iowa.
Whereas, pursuant to published notice, a public hearing was held on the proposed disposi-
tion on the 6th day of March 20, 2023 at 6:30 p.m. in the Historic Federal Building, 350 W. 6th
Street, Dubuque, Iowa; and
Whereas, it is the determination of the City Council that City inter est in a portion of the sani-
tary sewer easements across a part of Lot 1 of Dubuque Industrial Center 14th Addition, in the
City of Dubuque, Iowa, included on the Plat of Survey recorded as Instrument No. 10616 -99
and the Final Plat recorded as Instrument No. 2006-11108 in the Dubuque County Recorder’s
Office, as shown on the attached Exhibit A should be vacated and doing so is in the public
interest of the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA;
Section 1. The City hereby vacates all interest in a portion of the sanitary sewer easements
across a part of Lot 1 of Dubuque Industrial Center 14th Addition, in the City of Dubuque, Iowa,
included on the Plat of Survey recorded as Instrument No. 10616-99 and the Final Plat recorded
as Instrument No. 2006-11108 in the Dubuque County Recorder’s Office, as shown on the at-
tached Exhibit A.
Section 2. The City Clerk is hereby authorized to and directed to record this resolution with
the Dubuque County Recorder.
Passed, approved, and adopted this 20th day of March 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
PUBLIC INPUT
Regarding Action Item No. 3, Mark Amber, 315 River Ridge St., spoke in opposition to the
recommended management firm.
ACTION ITEMS
1. Solid Waste Automated Curbside Collection System Implementation Council Update : Mo-
tion by Resnick to receive and file the documents and listen to the presentation. Seconded by
Farber. Public Works Director John Klostermann introduced Assistant Public Works Director
Arielle Swift, who made a presentation on the implementation plan for the automated solid waste
conveyance system and the distribution of solid waste carts to support that system. Responding
to a question from the City Council, Resource Management Supervisor Jacob Jansen and Mr.
Klostermann stated that the department is developing a procedure to assist specific r esidents
who need assistance with collecting their solid waste carts. Motion carried 7-0.
2. Emergency Preparedness Railway Incidents Presentation : Motion by Roussell to receive
and file the documents and listen to the presentation. Seconded by Sprank. Th omas Berger,
Dubuque County Emergency Management Coordinator, made a presentation on emergency
preparedness for railway incidents. Responding to a question from the City Council, Mr. Berger
stated that he receives weekly reports from the railroad companies summarizing the types of
chemicals they transported in the past week. Mr. Berger also stated that railroad companies are
governed at the federal level, therefore railroad companies would communicate any suggested
improvements to the appropriate federal agency. City Council members expressed their desire
to have open communication with the railroad companies. Motion carried 7-0.
3. Grand River Center Management Agreement with Global Spectrum, L.P. d/b/a OVG360
Approval: Motion by Farber to receive and file the documents, approve the Grand River Center
Management Agreement between the City of Dubuque and Global Spectrum, L.P. d/b/a
OVG360, and listen to the presentation. Seconded by Jones. Leisure Services Manager Marie
Ware made a presentation and introduced Shura Garnett, Senior Vice President of Convention
Centers for OVG360. Responding to questions from the City Council, Ms. Garnett stated that
the company will create a list of revenue enhancing priorities for the cap ital fund and that they
intend to retain as many current Grand River Center employees as possible. City Manager Van
Milligen stated that partnering with a national firm will help the Grand River Center host more
events, therefore benefiting Dubuque hotels and amenities. Motion carried 7-0.
4. Amending Tax Increment Ordinance 28-22A for the Dubuque Industrial Center Economic
Development District, as amended by Version 2023.1 of the Amended and Restated Plan: Mo-
tion by Roussell 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 Farber. Motion carried 7 -0.
Motion by Roussell for final consideration and passage of Ordinance No. 9-23 Correcting
and amending Ordinance No. 28-22A, previously amended, providing that general property
taxes levied and collected each year on all property located within the Amended and Restated
Dubuque Industrial Center Economic Development District 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 Amended and Restated Dubuque Industrial Center Economic Develo pment District
Urban Renewal Redevelopment Project by removing certain property from Subarea E from the
division of revenues. Seconded by Farber. Motion carried 7 -0.
ORDINANCE NO. 9-23
CORRECTING AND AMENDING ORDINANCE NO. 28-22A, PREVIOUSLY AMENDED,
PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR
ON ALL PROPERTY LOCATED WITHIN THE AMENDED AND RESTATED DUBUQUE IN-
DUSTRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT 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, DUBU-
QUE 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 ISSUED, IN-
CURRED BY SAID CITY IN CONNECTION WITH THE AMENDED AND RESTATED DUBU-
QUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT URBAN RENEWAL
REDEVELOPMENT PROJECT BY REMOVING CERTAIN PROPERTY FROM SUBAREA E
FROM THE DIVISION OF REVENUES
Whereas, the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center
Economic Development District (the “District”) described in Resolution No. 130-88 was adopted
on May 2, 1988 and was thereafter amended and restated by Resolution No. 484-90 on De-
cember 17, 1990, Resolution No. 142-97 on April 7, 1997, Resolution No. 478-97 on November
17, 1997, Resolution No. 15-08 on January 7, 2008, Resolution No. 101-08 on March 17, 2008,
Resolution No. 109-08 on April 7, 2008, Resolution No. 87-11 on March 7, 2011, Resolution
No. 171-13 on June 3, 2013, Resolution No. 197-15 on June 1, 2015, Resolution No. 309-15
on September 8, 2015, Resolution No. 132-16 on September 19, 2016, Resolution No. 157-18
and Resolution No. 158-18 on May 21, 2018, Resolution 380-18 on December 17, 2018, Res-
olution 125-21 and Resolution 126-21 on April 19, 2021, Resolution 323-21 and Resolution 324-
21 on September 20, 2021, Resolution 387-21 on November 1, 2021, Resolution 197-22 on
May 16, 2022, by Resolution 289-22 on September 6, 2022, by Resolution No. 290-22 on Sep-
tember 6, 2022, and by Resolution 73-23 on March 20, 2023 (as amended and restated, the
“Urban Renewal Plan” or “Amended and Restated Urban Renewal Plan”); and
Whereas, the City Council of the City of Dubuque, Iowa originally provided for the division of
taxes pursuant to Section 403.19 of the Code of Iowa within the District in Ordinance No. 26 -88
passed and approved on May 2, 1988 and thereafter amended and restated by Ordinance No.
63-88 on December 5, 1988, by Ordinance No. 66-97 on November 17, 1997, by Ordinance
No. 70-08 on October 20, 2008, by Ordinance No. 10 -14 on February 3, 2014, by Ordinance
No. 39-15 on June 1, 2015, by Ordinance No. 55-15 on September 8, 2015, by Ordinance No.
49-16 on September 19, 2016, Ordinance 18-18 on May 21, 2018, by Ordinance 45-18 on De-
cember 17, 2018, by Ordinance 15-21 and Ordinance 16-21 on April 19, 2021, by Ordinance
22-21 on June 7, 2021, by Ordinance 31-21 and Ordinance 32-21 on September 20, 2021, by
Ordinance 37-21 on November 1, 2022, by Ordinance 21-22 on May 16, 2022, by Ordinance
28-22 on September 6, 2022, and by Ordinance 28 -22A on November 7, 2022; and
Whereas, indebtedness has been incurred by the City, and additional indebtedness is antic-
ipated to be incurred in the future, to finance urban renewal project activities within the District,
and the continuing needs of redevelopment within the District are such as to require the contin-
ued application of the incremental tax resources of the 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 DUBU-
QUE, IOWA, THAT:
Ordinance Number 28-22A is hereby amended to read as follows:
Section 1: For purposes of this Ordinance, the following terms shall have the following mean-
ings:
(a) Original Project Area means that portion of the City of Dubuque, Iowa described in the
Urban Renewal Plan for the District approved by Resolution No. 130-88 on May 2, 1988, and
subsequently amended by Resolution No. 484 -90 on December 17, 1990, which Original
Project Area includes the lots and parcels located within the area now legally described as
follows:
All of Dubuque Industrial Center Eighth Addition; and
All of Lot 1 Dubuque Industrial Center 13th Addition; and
Lot 2 Dubuque Industrial Center 13th Addition; and
Lot 1-2-2 Dubuque Industrial Center Fifth Addition; and
Lot 1 Dubuque Industrial Center Fifth Addition; and
Lot 1 Dubuque Industrial Center 11th Addition; and
Lot 1 of 2 of Dubuque Industrial Center Fifth Addition; and
Lot 1 of 2 of Dubuque Industrial Center Fifth Addition; and
Lot 1-3 Dubuque Industrial Center 12th Addition; and
Lot 1 of lot 3 of final plat of lot 1 of Dubuque Industrial Center First Addition; and
Lot 1 Dubuque Industrial Center 10th Addition; and
Lot 2-3 Dubuque Industrial Center 12th Addition; and
Lots 1 & 2 of final plat of lot 1 of Dubuque Industrial Center First Addition; and
Lot 1 Dubuque Industrial Center 12th Addition; and
Lot 2 Dubuque Industrial Center Ninth Addition; and
Lot 2 Dubuque Industrial Center 12th Addition; and
Lot 2-2 Dubuque Industrial Center Sixth Addition; and
Lot 3 Dubuque Industrial Center Ninth Addition; and
Lot 1 Dubuque Industrial Center Sixth Addition; and
Lot 2 of 2 Dubuque Industrial Center 7th Addition; and
Lot 2-1 Walter Addition; and
Lot 2-1 Walter Addition; and
All adjoining public right-of-way, all in the City of Dubuque, Dubuque County, Iowa.
The Original Project Area is referred to as "Subarea A" in the Urban Renewal Plan
hereinafter described.
(b) Subarea B has been removed from the division of revenues by Ordinance 22 -21 on
June 7, 2021.
(c) Subarea C means that portion of the City of Dubuque, Iowa described as Subarea C in
the Amended and Restated Urban Renewal Plan for the District approved by Resolution
No. 289-22 on September 6, 2022, which Subarea C includes the lots and parcels located
within the area legally described as follows:
Lots 1 and 2 of Dubuque Industrial Center North Second Addition;
Lots 2, 3, C and A of Dubuque Industrial Center North First Addition, excepting that Part
of said Lot A originally platted as Lot 2 of the SW ¼ of the NW ¼ of Sec. 30, T89N, R2E
of the 5th PM; and any adjoining public street right-of-way, all in the City of Dubuque,
Dubuque County, Iowa,
EXCEPT those lots and parcels included in Subarea K, those lots and parcels included
in Subarea O, and those lots and parcels included in Subarea R.
(d) Subarea D means that portion of the City of Dub uque, Iowa described as Subarea D in
the Amended and Restated Urban Renewal Plan for the District approved by Resolution
No. 109-08 on April 7, 2008, which Subarea D includes the lots and parcels located within
the area legally described as follows:
Lots 1, 2, and B and all of the right of way of Chavenelle Court in Dubuque Industrial
Center West 8th Addition in the City of Dubuque, Dubuque County, Iowa.
(e) Subarea E means that portion of the City of Dubuque, Iowa described as Subarea E in
the Amended and Restated Urban Renewal Plan for the District approved by Resolution
No. 73-23 on March 20, 2023, which Subarea E includes the lots and parcels located
within the area legally described as follows:
All of Dubuque Industrial Center South First Addition in th e City of Dubuque, Iowa, ex-
cept Lot 2 of Dubuque Industrial Center South First Addition in the City of Dubuque, Iowa;
and
All of Seippel Road right of way from the north boundary line of Lot 1 of 1 of South Fork
Subdivision No. 1 in the City of Dubuque, to the south boundary lines of Lot H of Dubuque
Industrial Center West and Lot 1 of Dubuque Industrial Center West 2nd Addition in the
City of Dubuque, Dubuque County, Iowa, including crossings at the intersections of Old
Highway Road and Chicago Central & Pacific Railroad rights-of-way.
(f) Subarea F means that portion of the City of Dubuque, Iowa, and Dubuque County de-
scribed as Subarea F in the Amended and Restated Urban Renewal Plan for the District
approved by Resolution No. 197-15 on June 1, 2015, which Subarea F includes the lots
and parcels located within the area legally described as follows:
Lot one (1) of Graf Farm Subdivision #2, Dubuque County, Iowa, according to the rec-
orded plat thereof;
Lot 1 of Lot 1 of Lot 1 of Lot 1 of West One -half of Northeast One-quarter, Section 25,
Township 89 North, Range 1 East of the 5th Principal Meridian, in Center Township,
Dubuque County, Iowa;
Lot 2 in “W.A. Norman Place" in Section 25, Center Township, Dubuque County, Iowa,
according to the plat thereof; and
The NW 1/4 of the SE 1/4 of Section 25, Township 89 North, Range 1 East of the 5th
P.M., in Center Township, Dubuque County, Iowa.
(g) Subarea G means that portion of the City of Dubuque, Iowa, and Dubuque County de-
scribed as Subarea G in the Amended and Rest ated Urban Renewal Plan for the District
approved by Resolution No. 309-15 on September 8, 2015, which Subarea G includes the
lots and parcels located within the area legally described as follows:
The South one-half of the Northwest Quarter of Section 29, Township 89 North, Range
2 East of the 5th Principal Meridian, in the City of Dubuque, Iowa.
Lot 1 of Lot 1 of the Northwest Quarter of the Northwest Quarter of Section 29, Town-
ship 89 North, Range 2 East of the 5th Principal Meridian, in the City of Dubuque, Iowa.
Lot 2 of McFadden Farm Place #2, in the City of Dubuque, Iowa.
Lot 2 of McFadden Farm Place, in the City of Dubuque, Iowa.
Lot A of Lot 1 of 1 of the Southwest Quarter of the Southwest Quarter of Section 29,
Township 89 North, Range 2 East of the 5th Principal Meridian, in the City of Dubuque,
Iowa.
Lot A of Lot 1 of 1 of the Northwest Quarter of the Southwest Quarter of Section 29,
Township 89 North, Range 2 East of the 5th Principal Meridian, in the City of Dubuque,
Iowa.
All in the City of Dubuque, Dubuque County, Iowa.
(h) Subarea H means that portion of the City of Dubuque, Iowa, and Dubuque County
described as Subarea H in the Amended and Restated Urban Renewal Plan for the District
approved by Resolution No. 332-16 on September 19, 2016, which Subarea H includes
the lots and parcels located within the area legally described as follows:
Lot 1 of the Northeast ¼ of the Northeast ¼, and Lot 2 of Lot 1 of Lot 1 of Lot 2 of the
Northeast ¼ of the Northeast ¼, of Section 30, in Township 89 North, Range 2 East of
the 5th Principal Meridian, in the City of Dubuque, Iowa.
(i) Subarea I means that portion of the City of Dubuque, Iowa, and Dubuque County de-
scribed as Subarea I in the Amended and Restated Urban Renewal Plan for the District
approved by Resolution No. 332-16 on September 19, 2016, which Subarea I includes the
lots and parcels located within the area legally described as follows:
Lot 2 Seippel Road Place #2, Dubuque County, Iowa.
Lot 2-1-1 of the Southeast Quarter of the Southeast Quarter of Section 25, Township
89 North, Range 2 East of the 5th Principal Meridian, Dubuque County, Iowa
(j) Subarea J means that portion of the City of Dubuque, Iowa, and Dubuque County de-
scribed as Subarea J in the Amended and Restated Urban Renewal Pla n for the District
approved by Resolution No. 332-16 on September 19, 2016, which Subarea J includes
the lots and parcels located within the area legally described as follows:
Lot 2 Julien Care Place, Dubuque County, Iowa.
Lot 3 Julien Care Place, Dubuque County, Iowa
Lot 2-1 Julien Care Place, Dubuque County, Iowa
(k) Subarea K means that portion of the City of Dubuque, Iowa, removed from Subarea C
of the District by Version 2018.1 of the Amended and Restated Plan for the District ap-
proved by Resolution No. 157-18, and added to the District by Version 2018.2 of the
Amended and Restated Plan for the District approved by Resolution No. 158 -18 as Sub-
area K, all on May 21, 2018, which Subarea K includes the lots and parcels located within
the area legally described as follows:
Lot 1 of Dubuque Industrial Center North Third Addition, in the City of Dubuque, Iowa.
(l) Subarea L means that portion of the City of Dubuque, Iowa described as Subarea L in
the Amended and Restated Urban Renewal Plan for the District app roved by Resolution
380-18 on December 17, 2018, which Subarea L includes the lots and parcels located
within the area legally described as follows:
Lot 1 of Loretta Bahl’s Homestead, in the City of Dubuque, Iowa, comprised of Lot 1 of
the West 30 Acres of the Southwest ¼ of the Southeast ¼, Section 19, Township 89
North, Range 2 East of the 5th P.M. all in the City of Dubuque, Dubuque County, Iowa.
(m) Subarea M means that portion of the City of Dubuque, Iowa described as Subarea M
in the Amended and Restated Urban Renewal Plan for the District approved by Resolution
380-18 on December 17, 2018, which Subarea M includes the lots and parcels located
within the area legally described as follows:
Lot 2 of the Subdivision of Lot 2 of the Northeast ¼ of the Northeast ¼ of Section 30,
Township 89 North, Range 2 East of the 5th P.M. all in the City of Dubuque, Dubuque
County, Iowa.
(n) Subarea N means that portion of the City of Dubuque, Iowa described as Subarea N in
the Amended and Restated Urban Renewal Plan for the District approved by Resolution
126-21 on April 19, 2021, which Subarea N includes the lots and parcels located within
the area legally described as follows:
Lot 1 of Dubuque Industrial Center North First Addition, in the City of Dubuque, Iowa;
and
All of the street right of way of Innovation Drive adjacent to Lot 1 of Dubuque Industrial
Center North First Addition, in the City of Dubuque, Iowa.
All in the City of Dubuque, Iowa
(o) Subarea O means that portion of the City of Dubuque, Iowa removed from Subarea C
and now described as Subarea O in the Amended and Restated Urban Renewal Plan for
the District approved by Resolution 324-21 on September 20, 2021, which Subarea O
includes the lots and parcels located within the area legally described as follows :
Lot 2 of Dubuque Industrial Center North Third Addition, in the City of Dubuque, Iowa;
and
A Part of Lot C in Dubuque Industrial Center North First Addition in the City of Dubuque,
Iowa, being more particularly described as follows:
Commencing at the northwest corner of Lot 1 in Dubuque Industrial Center North Sec-
ond Addition in the City of Dubuque, Iowa;
Thence North 87 degrees 35 minutes 13 seconds East along the north line of said Lot
1, 65.47 feet to the Point of Beginning;
Thence North 87 degrees 35 minutes 13 seconds East continuing along said north line
of Lot 1, 467.29 feet;
Thence South 82 degrees 04 minutes 06 seconds East continuing along said north line
of Lot 1, 212.63 feet;
Thence North 19 degrees 12 minutes 36 seconds East, 433.37 feet, t o a point on the
easterly line of Lot 2 in Dubuque Industrial Center North Third Addition in the City of
Dubuque, Iowa;
Thence North 90 degrees 00 minutes 00 seconds West, 231.12 feet;
Thence North 60 degrees 11 minutes 47 seconds West, 280.07 feet;
Thence North 51 degrees 38 minutes 25 seconds West, 318.12 feet;
Thence South 57 degrees 28 minutes 14 seconds West, 86.87 feet;
Thence South 18 degrees 59 minutes 51 seconds East, 140.84 feet;
Thence South 51 degrees 57 minutes 52 seconds East, 101.08 feet;
Thence South 01 degree 57 minutes 06 seconds East, 108.09 feet;
Thence South 33 degrees 59 minutes 54 seconds East, 90.10 feet;
Thence South 44 degrees 57 minutes 34 seconds East, 130.53 feet;
Thence South 12 degrees 19 minutes 12 seconds West, 171.97 feet;
Thence South 87 degrees 35 minutes 13 seconds West, 260.33 feet;
Thence South 02 degrees 35 minutes 19 seconds East, 40.00 feet, to the Point of Be-
ginning, said part of Lot C contains 6.59 acres, more or less.
All in the City of Dubuque, Iowa
(p) Subarea P means that portion of Dubuque County and the City of Dubuque, Iowa de-
scribed as Subarea P in the Amended and Restated Urban Renewal Plan for the District
approved by Resolution 387-21 on November 1, 2021, which Subarea P includes the lots
and parcels located within the area legally described as follows:
Lot 2 of Wertzberger Acres No. 3, in Table Mound Township, Dubuque County, Iowa,
according to the recorded Plat thereof; and
The Southwest 1/4 of the Northeast 1/4, Lot 1 of the Northwest 1/4 of the Northea st
1/4, Lot 1 of Lot 1 of the Northeast 1/4 of the Northeast 1/4, and Lot 2 of the Southeast
1/4 of the Northeast 1/4, in Section 14, Township 88 North, Range 2 East of the 5th P.M.,
in Dubuque County, Iowa, according to United States Government Survey and the rec-
orded Plats thereof, excepting therefrom that land acquired for highway right of way by
the Iowa Department of Transportation known as Lot A of Lot 1 of the Northwest 1/4 of
the Northeast 1/4 and of Lot 1 of Lot 1 of the Northeast 1/4 of the Northe ast 1/4 and of
Lot 2 of the Southeast 1/4 of the Northeast 1/4, all in Section 14, Township 88 North,
Range 2 East of the 5th P.M., County of Dubuque, State of Iowa, containing 11.95 acres
and as shown and described in the Warranty Deed filed as Instrument Number 2010-
00003964 in the Dubuque County Recorder’s Office, and excepting therefrom that land
acquired for highway right of way by the Iowa Department of Transportation known as
Lot B of Lot 1 of Lot 1 of the Northeast 1/4 of the Northeast 1/4 and of Lo t 2 of the
Southeast 1/4 of the Northeast 1/4, all in Section 14, Township 88 North, Range 2 East
of the 5th P.M., County of Dubuque, State of Iowa, containing 0.62 acres and as shown
and described in the Warranty Deed filed as Instrument Number 2011 -00011776 in the
Dubuque County Recorder’s Office; and
All that land acquired for highway right of way by the Iowa Department of Transportation
known as Lot A of Lot 1 of the Northwest 1/4 of the Northeast 1/4 and of Lot 1 of Lot 1 of
the Northeast 1/4 of the Northeast 1/4 and of Lot 2 of the Southeast 1/4 of the Northeast
1/4, all in Section 14, Township 88 North, Range 2 East of the 5th P.M., County of Dubu-
que, State of Iowa, containing 11.95 acres and as shown and described in the warranty
deed filed as instrument number 2010-00003964 in the Dubuque County Recorder’s Of-
fice, and
All that land acquired for highway right of way by the Iowa Department of Transportation
known as Lot B of Lot 1 of Lot 1 of the Northeast 1/4 of the Northeast 1/4 and of Lot 2 of
the Southeast 1/4 of the Northeast 1/4, all in Section 14, Township 88 North, Range 2
East of the 5th P.M., County of Dubuque, State of Iowa, containing 0.62 acres and as
shown and described in the warranty deed filed as instrument number 2011 -00011776
in the Dubuque County Recorder’s Office; and
All that land acquired for highway right of way by the Iowa Department of Transportation
known as Lot A of Lot 2 of the Southwest 1/4 of the Northwest 1/4, all in Section 13,
Township 88 North, Range 2 East of the 5th P .M., County of Dubuque, State of Iowa,
containing 7.50 acres and as shown and described in the warranty deed filed as instru-
ment number 2010-00007163 in the Dubuque County Recorder’s Office; and
A part of that land acquired for highway right of way by the Iowa Department of Trans-
portation known as Lot A of Lot 2 of 3 of Archdiocese Place No. 2 at Key West in Section
11, Township 88 North, Range 2 East of the 5th P.M., County of Dubuque and of Lot 2
of the Northwest 1/4 of the Northeast 1/4 and of Lot 2 of 1 of the Northeast 1/4 of the
Northeast 1/4 and of Lot 1 of the Southeast Quarter of the Northeast Quarter, all in Sec-
tion 14, Township 88 North, Range 2 East of the 5th P.M., County of Dubuque, State of
Iowa, containing 51.12 acres and as shown and des cribed in the warranty deed filed as
instrument number 2011-00018392 in the Dubuque County Recorder’s Office, more par-
ticularly described as follows:
Commencing at the east 1/4 corner of said section 14; thence south 87° (degrees) 30'
(minutes) 08" (seconds) west (assumed bearing for the purpose of this description) on
the south line of the northeast 1/4 of said section 14, a distance of 316.67 feet to the
southeast corner of said lot 1 of the southeast 1/4 of the northeast 1/4 which is on the
present northwesterly right-of-way line of U.S. highway 61, being the point of beginning
of the area herein described; thence continuing south 87°30'08" west on said south line,
also being the south line of said lot 1 of the southeast 1/4 of the northeast 1/4, a distan ce
of 744.37 feet to the west line of said lot 1 of the southeast 1/4 of the northeast 1/4;
thence north 01°46'59" west on said west line, 365.46 feet; thence north 02°36'29" west
on said west line, 258.32 feet to the northwesterly line of said lot 1 of th e southeast 1/4
of the northeast 1/4; thence north 15°33'01" east on said northwesterly line, 189.90 feet;
thence north 20°16'31" east on said northwesterly line, 100.25 feet; thence north
31°16'30" east on said northwesterly line, 371.74 feet; thence north 51°35'55" east on
said northwesterly line, 46.89 feet; thence north 26°34'03" east on said northwesterly
line, 112.65 feet to the northwest corner of said lot 1 of the southeast 1/4 of the northeast
1/4, also being the southwest corner of said lot 2 of 1 of the northeast 1/4 of the northeast
1/4; thence north 35°25'51" east on the westerly and southwesterly line of said lot 2 of 1
of the northeast 1/4 of the northeast 1/4, a distance of 200.90 feet; thence north 01°11'53"
west on said westerly and southwesterly line, 284.09 feet; thence north 51°36'20" west
on said westerly and southwesterly line, 173.35 feet; thence south 73°41'30" east a dis-
tance of 115.82 feet; thence south 48°36'34" east on the northeasterly line of said lot 2
of 1 of the northeast 1/4 of the northeast 1/4, 759.07 feet to the southeast corner of said
lot 2 of 1 of the northeast 1/4 of the northeast 1/4, also being the northeast corner of said
lot 1 of the southeast 1/4 of the northeast 1/4; thence south 02°41'19" east on the easterly
line of said lot 1 of the southeast 1/4 of the northeast 1/4, a distance of 954.91 feet to the
present northwesterly right-of-way line of U.S. highway 61; thence south 38°00'39” west
on said northwesterly right-of-way line, 485.62 feet to the point of beginn ing, containing
31.49 acres, more or less; and
An 80-foot-wide strip of land in the Southeast Half of Section 31, Township 89 North,
Range 2 East, The Southwest Quarter of Section 32, Township 89 North, Range 2 East,
the North Half of Section 5, Township 88 North, Range 2 East, the Northwest, Northeast,
and Southeast Quarters of Section 4, Township 88 North, Range 2 East, the South Half
of Section 3, Township 88 North, Range 2 East, the Southwest Quarter of Section 2,
Township 88 North, Range 2 East, the Northwest, Northeast, and Southeast Quarters of
Section 11, Township 88 North, Range 2 East, and the Northeast Quarter of Section 14,
Township 88 North, Range 2 East, of the Fifth Principal Meridian, centered on the fol-
lowing described line:
Commencing at the Southeast Corner of Lot B, Dubuque Industrial Center South First
Addition, in the City of Dubuque, Dubuque County, Iowa (Record Doc. #2014 -1397), at
the Northerly Right-of-Way of Seippel Road; thence South 35°44’18” East (Record North
35°52’10” West) along the East Line of said First Addition, 11.13 feet; thence South
10°51’45” East, 40.00 feet to the centerline of Seippel Road, the Point of Beginning;
thence North 79°08’15” East along said centerline, 1004.09 feet; thence Easterly along
the centerline of U. S. Highway 52 and the extension thereof an arc length of 880.50 feet
along a 1,200.00 foot radius curve being concave southerly, having a long chord of South
79°50’32” East, 860.88 feet; thence South 58°49’18” East along said centerline of U. S.
Highway 52, 2,489.33 feet; thence Southeasterly along said centerline of U. S. Highway
52 an arc length of 3,363.36 feet along a 12,000.00 foot radius curve being concave
Northeasterly, having a long chord of South 66°51’04” East, 3,352.36 feet; thence South
74°52’50” East along said centerline of U. S. Highway 52, 1318.07 feet; thence South-
easterly along said centerline of U. S. Highway 52 an arc length of 1,569.39 feet along a
12,000.00 foot radius curve being concave Southwesterly, having a long chord of South
71°08’02” East, 1,568.27 feet; thence South 67°23’15” East along said centerline of U.
S. Highway 52, 1093.39 feet; thence Southeasterly along said centerline of U. S. High-
way 52 an arc length of 1,414.18 feet along a 23,000.00 foot radius curve being con cave
Southwesterly, having a long chord of South 65°37’33” East, 1,413.95 feet; thence South
63°51’52” East along said centerline of U. S. Highway 52, 947.44 feet; thence South-
easterly along said centerline of U. S. Highway 52 an arc length of 1,134.73 fee t along a
8,000.00 foot radius curve being concave Northeasterly, having a long chord of South
67°55’41” East, 1,133.78 feet; thence South 71°59’29” East along said centerline of U.
S. Highway 52, 3,507.89 feet; thence Southeasterly along said centerline o f U. S. High-
way 52 an arc length of 7,787.63 feet along a 7,500.00 foot radius curve being concave
Southwesterly, having a long chord of South 42°14’42” East, 7,442.46 feet; thence South
12°29’54” East along said centerline of U. S. Highway 52, 750.54 feet ; thence South-
easterly along said centerline of U. S. Highway 52 an arc length of 449.54 feet along a
4,000.00 foot radius curve being concave Northeasterly, having a long chord of South
15°43’05” East, 449.31 feet, to the End Point, the sidelines of said 80-foot-wide strip of
land are to be shortened or lengthened to the intersection of the easterly line of Dubuque
Industrial Center South First Addition, in the City of Dubuque, Dubuque County, Iowa as
recorded in Doc. #2014-1397 and the intersection of the northerly line of Lot 1 and Lot 1
of 1 as recorded in Doc. #2010-3964.
(q) Subarea Q means that portion of the City of Dubuque, Iowa described as Subarea Q in
the Amended and Restated Urban Renewal Plan for the District approved by Resolution
197-22 on May 16, 2022, which Subarea Q includes the lots and parcels located within
the area legally described as follows:
Lot 1-5 of Dubuque Industrial Center West 5th Addition in the City of Dubuque, Iowa
All in the City of Dubuque, Iowa
(r) Subarea R means that portion of the City of Dubuque, Iowa described as Subarea R in
the Amended and Restated Urban Renewal Plan for the District approved by Resolution
290-22A on November 7, 2022, which Subarea R includes the lots and parcels located
within the area legally described as follows:
Part of Lot 3 in the Dubuque Industrial Center North First Addition in the City of Dubu-
que, Dubuque County, Iowa, Except Lot ‘A’ of Lot 3 in Dubuque Industrial Center North
First Addition in the City of Dubuque, Dubuque County, Iowa, described as follows: Com-
mencing at the southeast corner of said Lot 3; thence N00°36’04”W, 364.16 feet along
the east line of said Lot 3; thence S89°24’16”W, 502.28 feet along the outside face of
the south wall of the existing building to the point of beginning; thence S00°35’44”E,
37.00 feet; thence S89°24’16”W, 170.00 feet; thence N00°35’44”W, 32.00 feet; thence
S89°24’16”W, 210.00 feet; thence N00°35’44”W, 362.00 feet; thence N89°24’16”E,
255.00 feet to the northerly extension of the outside face of the wes t wall of the existing
building; then S00°35’44”E, 357.00 feet along said face of the west wall of the southwest
corner of the existing building; thence N89°24’16”E, 125.00 feet along the face of the
south wall of the existing building to the point of beginning, containing 2.258 acres
All in the City of Dubuque, Iowa.
(s) Amended Project Area means that portion of the City of Dubuque, Iowa and Dubuque
County included within the Original Project Area, Subarea C, Subarea D, Subarea E, Sub-
area F, Subarea G, Subarea H, Subarea I, Subarea J, Subarea K, Subarea L, Subarea
M, Subarea N, Subarea O, Subarea P, Subarea Q, and Subarea R each as described in
this Section.
Section 2: The taxes levied on the taxable property in the Amended Project Area, and each
subarea thereof, legally described in Section 1 hereof, by and for the benefit of the State of
Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and all other
taxing districts from and after the effective date of this Ordinance shall be divided as hereinafter
in this Ordinance provided.
Section 3: As to the Original Project Area, that portion of the taxes which would be produced
by the rate at which the tax is levied each year by or for each of the taxing districts taxing
property in the Original Project Area upon the total sum of the assessed value of the taxable
property in the Original Project Area as shown on the assessment roll as of January 1, 1987,
being the first day of the calendar year preceding the effective date of Ordinance No. 26-88,
shall be allocated to and when collected 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 pe riod taxes" for such Subarea.
As to Subarea B, Subarea B has been removed from the division of revenues by Ordi-
nance 22-21. Subarea B will remain within the District.
As to Subarea C (except the lots and parcels now forming Subarea K and those lots
and parcels removed by Amended and Restated Urban Renewal Plan Version 2021.4
now forming Subarea O, and those lots and parcels removed by Ordinance 27 -22, now
forming Subarea R), 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
assessment roll applicable to property in such subarea as of January 1 of the calendar
year preceding the effective date of Ordinance No. 70-08, and base values shall be re-
duced due to the removal of area from Subarea C.
As to Subarea D, 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
assessment roll applicable to property in such subarea as of January 1 of the calendar
year preceding the effective date of Ordinance No. 70 -08.
As to Subarea E, 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
assessment roll applicable to property in such subarea as of January 1 of the calendar
year preceding the effective date of Ordinance No. 10-14.
As to Subarea F, base period taxes shall be computed in the same manner using the
total assessed value shown on the assessment roll as of January 1, 2014, being the
assessment roll applicable to property in such subarea as of January 1 of the calendar
year preceding the effective date of Ordinance No. 39 -15.
As to Subarea G, base period taxes shall be computed in the same manner using the
total assessed value shown on the assessment roll as of January 1, 2014, being the
assessment roll applicable to property in such subarea as of January 1 of the calendar
year preceding the effective date of Ordinance No. 55 -15.
As to Subarea H, 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
assessment roll applicable to property in such subarea as of January 1 of the calendar
year preceding the effective date of Ordinance No. 49-16.
As to Subarea I, 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
assessment roll applicable to property in such subarea as of January 1 of the calendar
year preceding the effective date of Ordinance No. 49 -16.
As to Subarea J, 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, bei ng the
assessment roll applicable to property in such subarea as of January 1 of the calendar
year preceding the effective date of Ordinance No. 49 -16.
As to Subarea K, base period taxes shall be computed in the same manner using the
total assessed value shown on the assessment roll as of January 1, 2017, being the
assessment roll applicable to property in such subarea as of January 1 of the calendar
year preceding the effective date of Ordinance No. 18 -18.
As to Subarea L, base period taxes shall be comput ed in the same manner using the
total assessed value shown on the assessment roll as of January 1, 2017, being the
assessment roll applicable to property in such subarea as of January 1 of the calendar
year preceding the effective date of Ordinance No. 45 -18.
As to Subarea M, base period taxes shall be computed in the same manner using the
total assessed value shown on the assessment roll as of January 1, 2017, being the
assessment roll applicable to property in such subarea as of January 1 of the calendar
year preceding the effective date of Ordinance No. 45 -18.
As to Subarea N, base period taxes shall be computed in the same manner using the
total assessed value shown on the assessment roll as of January 1, 2020, being the
assessment roll applicable to property in such subarea as of January 1 of preceding the
effective date of Ordinance No. 16-21.
As to Subarea O, base period taxes shall be computed in the same manner using the
total assessed value shown on the assessment roll as of January 1, 2020 , being the
assessment roll applicable to property in such subarea as of January 1 of preceding the
effective date of Ordinance 32-21.
As to Subarea P, Subarea P has been removed from the division of revenues by Ordi-
nance 21-22. Subarea P will remain within the District.
As to Subarea Q, base period taxes shall be computed in the same manner using the
total assessed value shown on the assessment roll as of January 1, 2021, being the
assessment roll applicable to property in such subarea as of January 1 of t he calendar
year preceding the effective date of Ordinance No. 21 -22.
As to Subarea R, base period taxes shall be computed in the same manner using the
total assessed value shown on the assessment roll as of January 1, 2021, being the
assessment roll applicable to property in such subarea as of January 1 of the calendar
year preceding the effective date of this Ordinance No. 28-22-A.
Section 4: That portion of the taxes each year in excess of the base period taxes for the
Amended Project Area, determined for each sub-area 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, assumed 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 District pursuant to the Urban Renewal Plan, except that taxes
for the regular and voter-approved physical plant and equipment levy of a school district im-
posed pursuant to Section 298.2 of the Code of Iowa and ta xes 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 346.77 (22) related to joint county -city build-
ings, 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 Project Area shall be
paid into the funds for the respective taxing districts in the same manner as taxes on all other
property.
Section 7: All ordinances or parts of ordinances in conflict with the provisions of this Ordi-
nance are hereby repealed. The provisions of this Ordinance are intended and shall be con-
strued so as to continue the division of taxes from taxable property in the Amended Project Area
under the provisions of Section 403.19 of the Code of Iowa, as authorized in this Ordinance No.
9-23. In the event that any provision of this Ordinance shall be determined to be contrary to law
it shall not affect other provisions or application of this Ordinance which shall at all times be
construed to fully invoke the provisions of Section 403.19 of the Code of Iowa with reference to
the Amended Project Area and the subareas contained therein.
Section 8: This Ordinance shall be in effect after its final passage, approval and publication
as provided by law.
Passed and approved this 20th day of March, 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
5. Amending Tax Increment Ordinance for the Dubuque Industrial Center Economic Devel-
opment District, as amended by Version 2023.2 of the Amended and Restated Plan: Motion by
Jones to receive and file the documents and that the requirement that a p roposed 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 Roussell. Motion carried 7 -0.
Motion by Jones for final consideration and passage of Ordinance No. 10-23 Correcting and
amending Ordinance No. 9-23, previously amended, providing that general property taxes lev-
ied and collected each year on all property located within the Amended and Restated Dubuque
Industrial Center Economic Development District 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 indebt-
edness, including bonds issued or to be issued, incurred by said city in connection with the
Amended and Restated Dubuque Industrial Center Economic Development District Urban Re-
newal Redevelopment Project by adding Subarea S to the division of revenues. Seconded by
Roussell. Motion carried 7-0.
ORDINANCE NO. 10-23
CORRECTING AND AMENDING ORDINANCE NO. 9-23, PREVIOUSLY AMENDED,
PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR
ON ALL PROPERTY LOCATED WITHIN THE AMENDED AND RESTATED DUBUQUE IN-
DUSTRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT 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, DUBU-
QUE 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 ISSUED, IN-
CURRED BY SAID CITY IN CONNECTION WITH THE AMENDED AND RESTATED DUBU-
QUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT URBAN RENEWAL
REDEVELOPMENT PROJECT BY ADDING SUBAREA S TO THE DIVISION OF REVENUES
Whereas, the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center
Economic Development District (the “District”) described in Resolution No. 130-88 was adopted
on May 2, 1988 and was thereafter amended and restated by Resolution No. 484 -90 on De-
cember 17, 1990, Resolution No. 142-97 on April 7, 1997, Resolution No. 478-97 on November
17, 1997, Resolution No. 15-08 on January 7, 2008, Resolution No. 101-08 on March 17, 2008,
Resolution No. 109-08 on April 7, 2008, Resolution No. 87-11 on March 7, 2011, Resolution
No. 171-13 on June 3, 2013, Resolution No. 197-15 on June 1, 2015, Resolution No. 309-15
on September 8, 2015, Resolution No. 132-16 on September 19, 2016, Resolution No. 157-18
and Resolution No. 158-18 on May 21, 2018, Resolution 380 -18 on December 17, 2018, Res-
olution 125-21 and Resolution 126-21 on April 19, 2021, Resolution 323-21 and Resolution 324-
21 on September 20, 2021, Resolution 387-21 on November 1, 2021, Resolution 197-22 on
May 16, 2022, by Resolution 289-22 on September 6, 2022, by Resolution No. 290-22 on Sep-
tember 6, 2022, by Resolution 73-23 on March 20, 2023, and by Resolution 74 -23 on March
20, 2023 (as amended and restated, the “Urban Renewal Plan” or “Amended and Restated
Urban Renewal Plan”); and
Whereas, the City Council of the City of Dubuque, Iowa originally provided for the division of
taxes pursuant to Section 403.19 of the Code of Iowa within the District in Ordinance No. 26 -88
passed and approved on May 2, 1988 and thereafter amended and restated by Ordinance No.
63-88 on December 5, 1988, by Ordinance No. 66-97 on November 17, 1997, by Ordinance
No. 70-08 on October 20, 2008, by Ordinance No. 10 -14 on February 3, 2014, by Ordinance
No. 39-15 on June 1, 2015, by Ordinance No. 55-15 on September 8, 2015, by Ordinance No.
49-16 on September 19, 2016, Ordinance 18-18 on May 21, 2018, by Ordinance 45-18 on De-
cember 17, 2018, by Ordinance 15-21 and Ordinance 16-21 on April 19, 2021, by Ordinance
22-21 on June 7, 2021, by Ordinance 31-21 and Ordinance 32-21 on September 20, 2021, by
Ordinance 37-21 on November 1, 2022, by Ordinance 21-22 on May 16, 2022, by Ordinance
28-22 on September 6, 2022, by Ordinance 28 -22A on November 7, 2022, and by Ordinance
9-23 on March 20, 2023; and
Whereas, indebtedness has been incurred by the City, and additional indebtedness is antic-
ipated to be incurred in the future, to finance urban renewal project activities within the District,
and the continuing needs of redevelopment within the District are such as to require the contin-
ued application of the incremental tax resources of the 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 DUBU-
QUE, IOWA, THAT:
Ordinance Number 9-23 is hereby amended to read as follows:
Section 1: For purposes of this Ordinance, the following terms shall have the following mean-
ings:
(a) Original Project Area means that portion of the City of Dubuque, Iowa described in the
Urban Renewal Plan for the District approved by Resolution No. 130-88 on May 2, 1988,
and subsequently amended by Resolution No. 484-90 on December 17, 1990, which
Original Project Area includes the lots and parcels located within the area now legally
described as follows:
All of Dubuque Industrial Center Eighth Addition; and
All of Lot 1 Dubuque Industrial Center 13th Addition; and
Lot 2 Dubuque Industrial Center 13th Addition; and
Lot 1-2-2 Dubuque Industrial Center Fifth Addition; and
Lot 1 Dubuque Industrial Center Fifth Addition; and
Lot 1 Dubuque Industrial Center 11th Addition; and
Lot 1 of 2 of Dubuque Industrial Center Fifth Addition; and
Lot 1 of 2 of Dubuque Industrial Center Fifth Addition; and
Lot 1-3 Dubuque Industrial Center 12th Addition; and
Lot 1 of lot 3 of final plat of lot 1 of Dubuque Industrial Center First Addition; and
Lot 1 Dubuque Industrial Center 10th Addition; and
Lot 2-3 Dubuque Industrial Center 12th Addition; and
Lots 1 & 2 of final plat of lot 1 of Dubuque Industrial Center First Addition; and
Lot 1 Dubuque Industrial Center 12th Addition; and
Lot 2 Dubuque Industrial Center Ninth Addition; and
Lot 2 Dubuque Industrial Center 12th Addition; and
Lot 2-2 Dubuque Industrial Center Sixth Addition; and
Lot 3 Dubuque Industrial Center Ninth Addition; and
Lot 1 Dubuque Industrial Center Sixth Addition; and
Lot 2 of 2 Dubuque Industrial Center 7th Addition; and
Lot 2-1 Walter Addition; and
Lot 2-1 Walter Addition; and
And all adjoining public right-of-way, all in the City of Dubuque, Dubuque County, Iowa.
The Original Project Area is referred to as "Subarea A" in the Urban Renewal Plan
hereinafter described.
(b) Subarea B has been removed from the division of revenues by Ordinance 22 -21 on
June 7, 2021.
(c) Subarea C means that portion of the City of Dubuque, Iowa described as Subarea C
in the Amended and Restated Urban Renewal Plan for the District approved by Resolution
No. 289-22 on September 6, 2022, which Subarea C includes the lots and parcels located
within the area legally described as follows:
Lots 1 and 2 of Dubuque Industrial Center North Second Addition;
Lots 2, 3, C and A of Dubuque Industrial Center North First Addition, excepting that Part
of said Lot A originally platted as Lot 2 of the SW ¼ of the NW ¼ of Sec. 30, T89N, R2E
of the 5th PM; and
any adjoining public street right-of-way, all in the City of Dubuque, Dubuque County,
Iowa,
EXCEPT those lots and parcels included in Subarea K, those lots and parcels included
in Subarea O, and those lots and parcels included in Subarea R.
(d) Subarea D means that portion of the City of Dubuque, Iowa described as Subarea D in
the Amended and Restated Urban Renewal Plan for the District approved by Resolution
No. 109-08 on April 7, 2008, which Subarea D includes the lots and parcels located within
the area legally described as follows:
Lots 1, 2, and B and all of the right of way of Chavenelle Court in Dubuque Industrial
Center West 8th Addition in the City of Dubuque, Dubuque County, Iowa.
(e) Subarea E means that portion of the City of Dubuque, Iowa described as Subarea E in
the Amended and Restated Urban Renewal Plan for the District approved by Resolution
No. 73-23 on March 20, 2023, which Subarea E includes the lots and parcels located
within the area legally described as follows:
All of Dubuque Industrial Center South First Addition in the City of Dubuque, Iowa, ex-
cept Lot 2 of Dubuque Industrial Center South First Addition in the City of Dubuque, Iowa;
and
All of Seippel Road right of way from the north boundary line of Lot 1 of 1 of South Fork
Subdivision No. 1 in the City of Dubuque, to the south boundary lines of Lot H of Dubuque
Industrial Center West and Lot 1 of Dubuque Industrial Center West 2nd Addition in the
City of Dubuque, Dubuque County, Iowa, including crossings at t he intersections of Old
Highway Road and Chicago Central & Pacific Railroad rights -of-way.
(f) Subarea F means that portion of the City of Dubuque, Iowa, and Dubuque County de-
scribed as Subarea F in the Amended and Restated Urban Renewal Plan for the Distr ict
approved by Resolution No. 197-15 on June 1, 2015, which Subarea F includes the lots
and parcels located within the area legally described as follows:
Lot one (1) of Graf Farm Subdivision #2, Dubuque County, Iowa, according to the rec-
orded plat thereof;
Lot 1 of Lot 1 of Lot 1 of Lot 1 of West One -half of Northeast One-quarter, Section 25,
Township 89 North, Range 1 East of the 5th Principal Meridian, in Center Township,
Dubuque County, Iowa;
Lot 2 in “W.A. Norman Place" in Section 25, Center Township, Dubuque County, Iowa,
according to the plat thereof; and
The NW 1/4 of the SE 1/4 of Section 25, Township 89 North, Range 1 East of the 5th
P.M., in Center Township, Dubuque County, Iowa.
(g) Subarea G means that portion of the City of Dubuque, Iowa, and Dubuque County de-
scribed as Subarea G in the Amended and Restated Urban Renewal Plan for the District
approved by Resolution No. 309-15 on September 8, 2015, which Subarea G includes the
lots and parcels located within the area legally described as follows:
The South one-half of the Northwest Quarter of Section 29, Township 89 North, Range
2 East of the 5th Principal Meridian, in the City of Dubuque, Iowa.
Lot 1 of Lot 1 of the Northwest Quarter of the Northwest Quarter of Section 29, Town-
ship 89 North, Range 2 East of the 5th Principal Meridian, in the City of Dubuque, Iowa.
Lot 2 of McFadden Farm Place #2, in the City of Dubuque, Iowa.
Lot 2 of McFadden Farm Place, in the City of Dubuque, Iowa.
Lot A of Lot 1 of 1 of the Southwest Quarter of the Southwest Quarter of Section 29,
Township 89 North, Range 2 East of the 5th Principal Meridian, in the City of Dubuque,
Iowa.
Lot A of Lot 1 of 1 of the Northwest Quarter of the Southwest Quarter of Section 29,
Township 89 North, Range 2 East of the 5th Principal Meridian, in the City of Dubuque,
Iowa.
All in the City of Dubuque, Dubuque County, Iowa.
(h) Subarea H means that portion of the City of Dubuque, Iowa, and Dubuque County de-
scribed as Subarea H in the Amended and Restated Urban Renewal Plan for th e District
approved by Resolution No. 332-16 on September 19, 2016, which Subarea H includes
the lots and parcels located within the area legally described as follows:
Lot 1 of the Northeast ¼ of the Northeast ¼, and Lot 2 of Lot 1 of Lot 1 of Lot 2 of the
Northeast ¼ of the Northeast ¼, of Section 30, in Township 89 North, Range 2 East of
the 5th Principal Meridian, in the City of Dubuque, Iowa.
(i) Subarea I means that portion of the City of Dubuque, Iowa, and Dubuque County de-
scribed as Subarea I in the Amended and Restated Urban Renewal Plan for the District
approved by Resolution No. 332-16 on September 19, 2016, which Subarea I includes the
lots and parcels located within the area legally described as follows:
Lot 2 Seippel Road Place #2, Dubuque County, Iowa.
Lot 2-1-1 of the Southeast Quarter of the Southeast Quarter of Section 25, Township
89 North, Range 2 East of the 5th Principal Meridian, Dubuque County, Iowa
(j) Subarea J means that portion of the City of Dubuque, Iowa, and Dubuque County de-
scribed as Subarea J in the Amended and Restated Urban Renewal Plan for the District
approved by Resolution No. 332-16 on September 19, 2016, which Subarea J includes
the lots and parcels located within the area legally described as follows:
Lot 2 Julien Care Place, Dubuque County, Iowa.
Lot 3 Julien Care Place, Dubuque County, Iowa
Lot 2-1 Julien Care Place, Dubuque County, Iowa
(k) Subarea K means that portion of the City of Dubuque, Iowa, removed from Subarea C
of the District by Version 2018.1 of the Amended and Restated Plan for the District ap-
proved by Resolution No. 157-18, and added to the District by Version 2018.2 of the
Amended and Restated Plan for the District approved by Resolution No. 158 -18 as Sub-
area K, all on May 21, 2018, which Subarea K includes the lots and parcels located within
the area legally described as follows:
Lot 1 of Dubuque Industrial Center North Third Addition, in the City of Dubuque, Iowa.
(l) Subarea L means that portion of the City of Dubuque, Iowa described as Subarea L in
the Amended and Restated Urban Renewal Plan for the District approved by Resolution
380-18 on December 17, 2018, which Subarea L includes the lots and parcels located
within the area legally described as follows:
Lot 1 of Loretta Bahl’s Homestead, in the City of Dubuque, Iowa, comprised of Lot 1 of
the West 30 Acres of the Southwest ¼ of the Southeast ¼, Section 19, Township 89
North, Range 2 East of the 5th P.M. all in the City of Dubuque, Dubuque County, Iowa.
(m) Subarea M means that portion of the City of Dubuque, Iowa described as Subarea M
in the Amended and Restated Urban Renewal Plan for the District approved by Resolution
380-18 on December 17, 2018, which Subarea M includes the lots and parcels located
within the area legally described as follows:
Lot 2 of the Subdivision of Lot 2 of the Northeast ¼ of the Northeast ¼ of Section 30,
Township 89 North, Range 2 East of the 5th P.M. all in the City of Dubuque, Dubuque
County, Iowa.
(n) Subarea N means that portion of the City of Dubuque, Iowa described a s Subarea N in
the Amended and Restated Urban Renewal Plan for the District approved by Resolution
126-21 on April 19, 2021, which Subarea N includes the lots and parcels located within
the area legally described as follows:
Lot 1 of Dubuque Industrial Center North First Addition, in the City of Dubuque, Iowa;
and
All of the street right of way of Innovation Drive adjacent to Lot 1 of Dubuque Industrial
Center North First Addition, in the City of Dubuque, Iowa.
All in the City of Dubuque, Iowa
(o) Subarea O means that portion of the City of Dubuque, Iowa removed from Subarea C
and now described as Subarea O in the Amended and Restated Urban Renewal Plan for
the District approved by Resolution 324-21 on September 20, 2021, which Subarea O
includes the lots and parcels located within the area legally described as follows:
Lot 2 of Dubuque Industrial Center North Third Addition, in the City of Dubuque, Iowa;
and
A Part of Lot C in Dubuque Industrial Center North First Addition in the City of Dubuque,
Iowa, being more particularly described as follows:
Commencing at the northwest corner of Lot 1 in Dubuque Industrial Center North Sec-
ond Addition in the City of Dubuque, Iowa;
Thence North 87 degrees 35 minutes 13 seconds East along the north line of said L ot
1, 65.47 feet to the Point of Beginning;
Thence North 87 degrees 35 minutes 13 seconds East continuing along said north line
of Lot 1, 467.29 feet;
Thence South 82 degrees 04 minutes 06 seconds East continuing along said north line
of Lot 1, 212.63 feet;
Thence North 19 degrees 12 minutes 36 seconds East, 433.37 feet, to a point on the
easterly line of Lot 2 in Dubuque Industrial Center North Third Addition in the City of
Dubuque, Iowa;
Thence North 90 degrees 00 minutes 00 seconds West, 231.12 feet;
Thence North 60 degrees 11 minutes 47 seconds West, 280.07 feet;
Thence North 51 degrees 38 minutes 25 seconds West, 318.12 feet;
Thence South 57 degrees 28 minutes 14 seconds West, 86.87 feet;
Thence South 18 degrees 59 minutes 51 seconds East, 140.84 feet;
Thence South 51 degrees 57 minutes 52 seconds East, 101.08 feet;
Thence South 01 degree 57 minutes 06 seconds East, 108.09 feet;
Thence South 33 degrees 59 minutes 54 seconds East, 90.10 feet;
Thence South 44 degrees 57 minutes 34 seconds East, 130.53 fe et;
Thence South 12 degrees 19 minutes 12 seconds West, 171.97 feet;
Thence South 87 degrees 35 minutes 13 seconds West, 260.33 feet;
Thence South 02 degrees 35 minutes 19 seconds East, 40.00 feet, to the Point of Be-
ginning, said part of Lot C contains 6.59 acres, more or less.
All in the City of Dubuque, Iowa
(p) Subarea P means that portion of Dubuque County and the City of Dubuque, Iowa de-
scribed as Subarea P in the Amended and Restated Urban Renewal Plan for the District
approved by Resolution 387-21 on November 1, 2021, which Subarea P includes the lots
and parcels located within the area legally described as follows:
Lot 2 of Wertzberger Acres No. 3, in Table Mound Township, Dubuque County, Iowa,
according to the recorded Plat thereof; and
The Southwest 1/4 of the Northeast 1/4, Lot 1 of the Northwest 1/4 of the Northeast
1/4, Lot 1 of Lot 1 of the Northeast 1/4 of the Northeast 1/4, and Lot 2 of the Southeast
1/4 of the Northeast 1/4, in Section 14, Township 88 North, Range 2 East of the 5th P.M.,
in Dubuque County, Iowa, according to United States Government Survey and the rec-
orded Plats thereof, excepting therefrom that land acquired for highway right of way by
the Iowa Department of Transportation known as Lot A of Lot 1 of the Northwest 1/4 of
the Northeast 1/4 and of Lot 1 of Lot 1 of the Northeast 1/4 of the Northeast 1/4 and of
Lot 2 of the Southeast 1/4 of the Northeast 1/4, all in Section 14, Township 88 North,
Range 2 East of the 5th P.M., County of Dubuque, State of Iowa, containing 11.95 acre s
and as shown and described in the Warranty Deed filed as Instrument Number 2010 -
00003964 in the Dubuque County Recorder’s Office, and excepting therefrom that land
acquired for highway right of way by the Iowa Department of Transportation known as
Lot B of Lot 1 of Lot 1 of the Northeast 1/4 of the Northeast 1/4 and of Lot 2 of the
Southeast 1/4 of the Northeast 1/4, all in Section 14, Township 88 North, Range 2 East
of the 5th P.M., County of Dubuque, State of Iowa, containing 0.62 acres and as shown
and described in the Warranty Deed filed as Instrument Number 2011 -00011776 in the
Dubuque County Recorder’s Office; and
All that land acquired for highway right of way by the Iowa Department of Transportation
known as Lot A of Lot 1 of the Northwest 1/4 of the Northeast 1/4 and of Lot 1 of Lot 1 of
the Northeast 1/4 of the Northeast 1/4 and of Lot 2 of the Southeast 1/4 of the Northeast
1/4, all in Section 14, Township 88 North, Range 2 East of the 5th P.M., County of Dubu-
que, State of Iowa, containing 11.95 acres and as shown and described in the warranty
deed filed as instrument number 2010-00003964 in the Dubuque County Recorder’s Of-
fice, and
All that land acquired for highway right of way by the Iowa Department of Transportation
known as Lot B of Lot 1 of Lot 1 of the Northeast 1/4 of the Northeast 1/4 and of Lot 2 of
the Southeast 1/4 of the Northeast 1/4, all in Section 14, Township 88 North, Range 2
East of the 5th P.M., County of Dubuque, State of Iowa, containing 0.62 acres and as
shown and described in the warranty deed filed as instrument number 2011-00011776
in the Dubuque County Recorder’s Office; and
All that land acquired for highway right of way by the Iowa Department of Transportation
known as Lot A of Lot 2 of the Southwest 1/4 of the Northw est 1/4, all in Section 13,
Township 88 North, Range 2 East of the 5th P.M., County of Dubuque, State of Iowa,
containing 7.50 acres and as shown and described in the warranty deed filed as instru-
ment number 2010-00007163 in the Dubuque County Recorder’s Office; and
A part of that land acquired for highway right of way by the Iowa Department of Trans-
portation known as Lot A of Lot 2 of 3 of Archdiocese Place No. 2 at Key West in Section
11, Township 88 North, Range 2 East of the 5th P.M., County of Dubuque and of Lot 2
of the Northwest 1/4 of the Northeast 1/4 and of Lot 2 of 1 of the Northeast 1/4 of the
Northeast 1/4 and of Lot 1 of the Southeast Quarter of the Northeast Quarter, all in Sec-
tion 14, Township 88 North, Range 2 East of the 5th P.M., County of Dubuque, State of
Iowa, containing 51.12 acres and as shown and described in the warranty deed filed as
instrument number 2011-00018392 in the Dubuque County Recorder’s Office, more par-
ticularly described as follows:
Commencing at the east 1/4 corner of said section 14; thence south 87° (degrees) 30'
(minutes) 08" (seconds) west (assumed bearing for the purpose of this description) on
the south line of the northeast 1/4 of said section 14, a distance of 316.67 feet to the
southeast corner of said lot 1 of the southeast 1/4 of the northeast 1/4 which is on the
present northwesterly right-of-way line of U.S. highway 61, being the point of beginning
of the area herein described; thence continuing south 87°30'08" west on said south line,
also being the south line of said lot 1 of the southeast 1/4 of the northeast 1/4, a distance
of 744.37 feet to the west line of said lot 1 of the southeast 1/4 of the northeast 1/4;
thence north 01°46'59" west on said west line, 365.46 feet; thence north 02°36'29" west
on said west line, 258.32 feet to the northwesterly line of said lot 1 of the southeast 1/4
of the northeast 1/4; thence north 15°33'01" east on said northwesterly line, 189.90 feet;
thence north 20°16'31" east on said northwesterly line, 100.25 feet; thence north
31°16'30" east on said northwesterly line, 371.74 feet; thence north 51°35'55" east on
said northwesterly line, 46.89 feet; thence north 26°34'03" east on said northwesterly
line, 112.65 feet to the northwest corner of said lot 1 of the southeast 1/4 of t he northeast
1/4, also being the southwest corner of said lot 2 of 1 of the northeast 1/4 of the northeast
1/4; thence north 35°25'51" east on the westerly and southwesterly line of said lot 2 of 1
of the northeast 1/4 of the northeast 1/4, a distance of 200.90 feet; thence north 01°11'53"
west on said westerly and southwesterly line, 284.09 feet; thence north 51°36'20" west
on said westerly and southwesterly line, 173.35 feet; thence south 73°41'30" east a dis-
tance of 115.82 feet; thence south 48°36'34" east on the northeasterly line of said lot 2
of 1 of the northeast 1/4 of the northeast 1/4, 759.07 feet to the southeast corner of said
lot 2 of 1 of the northeast 1/4 of the northeast 1/4, also being the northeast corner of said
lot 1 of the southeast 1/4 of the northeast 1/4; thence south 02°41'19" east on the easterly
line of said lot 1 of the southeast 1/4 of the northeast 1/4, a distance of 954.91 feet to the
present northwesterly right-of-way line of U.S. highway 61; thence south 38°00'39” west
on said northwesterly right-of-way line, 485.62 feet to the point of beginning, containing
31.49 acres, more or less; and
An 80-foot-wide strip of land in the Southeast Half of Section 31, Township 89 North,
Range 2 East, The Southwest Quarter of Section 32, Town ship 89 North, Range 2 East,
the North Half of Section 5, Township 88 North, Range 2 East, the Northwest, Northeast,
and Southeast Quarters of Section 4, Township 88 North, Range 2 East, the South Half
of Section 3, Township 88 North, Range 2 East, the Sou thwest Quarter of Section 2,
Township 88 North, Range 2 East, the Northwest, Northeast, and Southeast Quarters of
Section 11, Township 88 North, Range 2 East, and the Northeast Quarter of Section 14,
Township 88 North, Range 2 East, of the Fifth Principal Meridian, centered on the fol-
lowing described line:
Commencing at the Southeast Corner of Lot B, Dubuque Industrial Center South First
Addition, in the City of Dubuque, Dubuque County, Iowa (Record Doc. #2014 -1397), at
the Northerly Right-of-Way of Seippel Road; thence South 35°44’18” East (Record North
35°52’10” West) along the East Line of said First Addition, 11.13 feet; thence South
10°51’45” East, 40.00 feet to the centerline of Seippel Road, the Point of Beginning;
thence North 79°08’15” East along sa id centerline, 1004.09 feet; thence Easterly along
the centerline of U. S. Highway 52 and the extension thereof an arc length of 880.50 feet
along a 1,200.00 foot radius curve being concave southerly, having a long chord of South
79°50’32” East, 860.88 feet; thence South 58°49’18” East along said centerline of U. S.
Highway 52, 2,489.33 feet; thence Southeasterly along said centerline of U. S. Highway
52 an arc length of 3,363.36 feet along a 12,000.00 foot radius curve being concave
Northeasterly, having a long chord of South 66°51’04” East, 3,352.36 feet; thence South
74°52’50” East along said centerline of U. S. Highway 52, 1318.07 feet; thence South-
easterly along said centerline of U. S. Highway 52 an arc length of 1,569.39 feet along a
12,000.00 foot radius curve being concave Southwesterly, having a long chord of South
71°08’02” East, 1,568.27 feet; thence South 67°23’15” East along said centerline of U.
S. Highway 52, 1093.39 feet; thence Southeasterly along said centerline of U. S. High-
way 52 an arc length of 1,414.18 feet along a 23,000.00 foot radius curve being concave
Southwesterly, having a long chord of South 65°37’33” East, 1,413.95 feet; thence South
63°51’52” East along said centerline of U. S. Highway 52, 947.44 feet; thence South-
easterly along said centerline of U. S. Highway 52 an arc length of 1,134.73 feet along a
8,000.00 foot radius curve being concave Northeasterly, having a long chord of South
67°55’41” East, 1,133.78 feet; thence South 71°59’29” East along said centerline of U.
S. Highway 52, 3,507.89 feet; thence Southeasterly along said centerline of U. S. High-
way 52 an arc length of 7,787.63 feet along a 7,500.00 foot radius curve being concave
Southwesterly, having a long chord of South 42°14’42” East, 7,442.46 feet; thence South
12°29’54” East along said centerline of U. S. Highway 52, 750.54 feet; thence South-
easterly along said centerline of U. S. Highway 52 an arc length of 449.54 feet along a
4,000.00 foot radius curve being concave Northeasterly, having a long chord of South
15°43’05” East, 449.31 feet, to the End Point, the sidelines of said 80 -foot-wide strip of
land are to be shortened or lengthened to the intersection of the easterly line of Dubuque
Industrial Center South First Addition, in the City of Dubuque, Dubuque Cou nty, Iowa as
recorded in Doc. #2014-1397 and the intersection of the northerly line of Lot 1 and Lot 1
of 1 as recorded in Doc. #2010-3964.
(q) Subarea Q means that portion of the City of Dubuque, Iowa described as Subarea Q in
the Amended and Restated Urban Renewal Plan for the District approved by Resolution
197-22 on May 16, 2022, which Subarea Q includes the lots and parcels located within
the area legally described as follows:
Lot 1-5 of Dubuque Industrial Center West 5th Addition in the City of Dubuque, Iowa
All in the City of Dubuque, Iowa
(r) Subarea R means that portion of the City of Dubuque, Iowa described as Subarea R in
the Amended and Restated Urban Renewal Plan for the District approved by Resolution
290-22A on November 7, 2022, which Subarea R includes the lots and parcels located
within the area legally described as follows:
Part of Lot 3 in the Dubuque Industrial Center North First Addition in the City of Dubu-
que, Dubuque County, Iowa, Except Lot ‘A’ of Lot 3 in Dubuque Industrial Center Nor th
First Addition in the City of Dubuque, Dubuque County, Iowa, described as follows: Com-
mencing at the southeast corner of said Lot 3; thence N00°36’04”W, 364.16 feet along
the east line of said Lot 3; thence S89°24’16”W, 502.28 feet along the outside fac e of
the south wall of the existing building to the point of beginning; thence S00°35’44”E,
37.00 feet; thence S89°24’16”W, 170.00 feet; thence N00°35’44”W, 32.00 feet; thence
S89°24’16”W, 210.00 feet; thence N00°35’44”W, 362.00 feet; thence N89°24’16”E,
255.00 feet to the northerly extension of the outside face of the west wall of the existing
building; then S00°35’44”E, 357.00 feet along said face of the west wall of the southwest
corner of the existing building; thence N89°24’16”E, 125.00 feet along the face of the
south wall of the existing building to the point of beginning, containing 2.258 acres
All in the City of Dubuque, Iowa.
(s) Subarea S means that portion of the City of Dubuque, Iowa described as Subarea S in
the Amended and Restated Urban Renewal Plan for the District approved by Resolution
74-23 on March 20, 2023, which Subarea S includes the lots and parcels located within
the area legally described as follows:
Lot 2 of Dubuque Industrial Center South First Addition in the City of Dubuque, Iowa
All in the City of Dubuque, Iowa.
(t) Amended Project Area means that portion of the City of Dubuque, Iowa and Dubuque
County included within the Original Project Area, Subarea C, Subarea D, Subarea E, Sub-
area F, Subarea G, Subarea H, Subarea I, Subarea J, Subarea K, Subarea L, Subarea
M, Subarea N, Subarea O, Subarea P, Subarea Q, Subarea R, and Subarea S each as
described in this Section.
Section 2: The taxes levied on the taxable property in the Amended Project Area, and each
subarea thereof, legally described in Section 1 hereof, by and for the benefit of the State of
Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and all other
taxing districts from and after the effective date of this Ordinance shall be divided as hereina fter
in this Ordinance provided.
Section 3: As to the Original Project Area, that portion of the taxes which would be produced
by the rate at which the tax is levied each year by or for each of the taxing districts taxing
property in the Original Project Area upon the total sum of the assessed value of the taxable
property in the Original Project Area as shown on the assessment roll as of January 1, 1987,
being the first day of the calendar year preceding the effective date of Ordinance No. 26 -88,
shall be allocated to and when collected 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.
As to Subarea B, Subarea B has been removed from the division of revenues by Ordi-
nance 22-21. Subarea B will remain within the District.
As to Subarea C (except the lots and parcels now forming Subarea K and those lots
and parcels removed by Amended and Restated Urban Renewal Plan Version 2021.4
now forming Subarea O, and those lots and parcels removed by Ordinance 27 -22, now
forming Subarea R), base period taxes shall be computed in the same manner using the
total assessed value shown on the a ssessment roll as of January 1, 2007, being the
assessment roll applicable to property in such subarea as of January 1 of the calendar
year preceding the effective date of Ordinance No. 70-08, and base values shall be re-
duced due to the removal of area from Subarea C.
As to Subarea D, 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
assessment roll applicable to property in such subarea as of January 1 of the calendar
year preceding the effective date of Ordinance No. 70 -08.
As to Subarea E, 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
assessment roll applicable to property in such subarea as of January 1 of the calendar
year preceding the effective date of Ordinance No. 10-14.
As to Subarea F, base period taxes shall be computed in the same manner using the
total assessed value shown on the assessment roll as of January 1, 2014, being the
assessment roll applicable to property in such subarea as of January 1 of the calendar
year preceding the effective date of Ordinance No. 39 -15.
As to Subarea G, base period taxes shall be computed in the same manner using the
total assessed value shown on the assessment roll as of January 1, 2014, being the
assessment roll applicable to property in such subarea as of January 1 of the calendar
year preceding the effective date of Ordinance No. 55 -15.
As to Subarea H, 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
assessment roll applicable to property in such subarea as of January 1 of the calendar
year preceding the effective date of Ordinance No. 49-16.
As to Subarea I, 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
assessment roll applicable to property in such subarea as of January 1 of the calendar
year preceding the effective date of Ordinance No. 49 -16.
As to Subarea J, 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
assessment roll applicable to property in such subarea as of January 1 of the calendar
year preceding the effective date of Ordinance No. 49 -16.
As to Subarea K, base period taxes shall be computed in the same manner using the
total assessed value shown on the assessment roll as of January 1, 2017, being the
assessment roll applicable to property in such subarea as of January 1 of the calendar
year preceding the effective date of Ordinance No. 18 -18.
As to Subarea L, base period taxes shall be computed in the same manner using the
total assessed value shown on the assessment roll as of January 1, 2017, being the
assessment roll applicable to property in such subarea as of January 1 of the calendar
year preceding the effective date of Ordinance No. 45-18.
As to Subarea M, base period taxes shall be computed in the same manner using the
total assessed value shown on the assessment roll as of January 1, 2017, being the
assessment roll applicable to property in such subarea as of January 1 of the calendar
year preceding the effective date of Ordinance No. 45 -18.
As to Subarea N, base period taxes shall be computed in the same manner using the
total assessed value shown on the assessment roll as of January 1, 2020, being the
assessment roll applicable to property in such subarea as of January 1 of preceding the
effective date of Ordinance No. 16-21.
As to Subarea O, base period taxes shall be computed in the same manner using the
total assessed value shown on the assessment roll as of January 1, 202 0, being the
assessment roll applicable to property in such subarea as of January 1 of preceding the
effective date of Ordinance 32-21.
As to Subarea P, Subarea P has been removed from the division of revenues by Ordi-
nance 21-22. Subarea P will remain within the District.
As to Subarea Q, base period taxes shall be computed in the same manner using the
total assessed value shown on the assessment roll as of January 1, 2021, being the
assessment roll applicable to property in such subarea as of January 1 of the calendar
year preceding the effective date of Ordinance No. 21 -22.
As to Subarea R, base period taxes shall be computed in the same manner using the
total assessed value shown on the assessment roll as of January 1, 2021, being the
assessment roll applicable to property in such subarea as of January 1 of the calendar
year preceding the effective date of this Ordinance No. 28-22-A.
As to Subarea S, base period taxes shall be computed in the same manner using the
total assessed value shown on the assessment roll as of January 1, 2022, being the
assessment roll applicable to property in such subarea as of January 1 of the calendar
year preceding the effective date of this Ordinance No. 10-23.
Section 4: That portion of the taxes each year in excess of the base period taxes for the
Amended Project Area, determined for each sub-area 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, assumed or otherwise, in-
cluding 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 District pursuant to the Urban Renewal Plan, except that taxes
for the regular and voter-approved physical plant and equipment levy of a school district im-
posed 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 346.77 (22) related to joint county -city build-
ings, 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 Project Area shall be
paid into the funds for the respective taxing districts in the same manner as taxes on all other
property.
Section 7: All ordinances or parts of ordinances in conflict with the provisions of this Ordi-
nance are hereby repealed. The provisions of this Ordinance are intended and shall be con-
strued so as to continue the division of taxes from taxable property in the Amended Project Area
under the provisions of Section 403.19 of the Code of Iowa, as authorized in this Ordinance No.
10-23. In the event that any provision of this Ordinance shall be determined to be contrary to
law it shall not affect other provisions or application of this Ordinance which shall at all times be
construed to fully invoke the provisions of Section 403.19 of the Code of Iowa with reference to
the Amended Project Area and the subareas contained therein.
Section 8: This Ordinance shall be in effect after its final passage, approval and publication
as provided by law.
Passed and approved this 20th day of March, 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
6. Discounted City Utilities Program and Affordable Connectivity Program Promotional Bro-
chure: Motion by Sprank to receive and file the brochure on two programs designed to assist
income qualified residents with monthly utility payments and internet access and view the video.
Seconded by Wethal. Media Services showed a video promoting the Discounted City Utilities
Program. The video was produced by the Public Information Office and can be viewed at:
https://youtu.be/7x9MaBVzEBg. Motion carried 7-0.
7. Work Session Request - Demonstration of Police Use of the Public Safety Cameras : City
Council Members confirmed with City Manager Van Milligen that the work session should begin
at 5:15 p.m. so City Council and city staff have adequate travel time for the regular session.
Motion by Jones to receive and file the documents and schedule the work session for Monday,
May 1, 2023, at 5:15 p.m. at the Dubuque City Hall, 3rd Floor, to demonstrate how the Police
Department uses the Public Safety Camera system as a public safety tool as a preventative
tool and as an investigative resource. Seconded by Resnick. No schedule conflicts were ex-
pressed. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Council Members Farber and Roussell respectively reported on their recent volunteer expe-
riences with AmeriCorps.
CLOSED SESSION
Motion by Jones to convene in closed session at 9:47 p.m. to discuss Pending Litigation and
Purchase or Sale of Real Estate – Chapter 21.5(1)(c),(j) Code of Iowa. Seconded by Wethal.
Mayor Cavanagh stated for the record that the attorney who will consult w ith the City Council
on the issues to be discussed in the closed session is City Attorney Brumwell. Motion carried
7-0.
The City Council reconvened in open session at 10:34 p.m. stating that staff had been given
proper direction.
There being no further business, Mayor Cavanagh declared the meeting adjourned at 10:34
p.m.
/s/Adrienne N. Breitfelder, CMC, City Clerk