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Proof of Publication City Council Proceedings 2-2-09The Dubuque City Coun- cil met in special session at 5:00 p.m. on February 2, 2009 in the Historic Feder- al Building. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voetberg, City Manager Van Milligen, City mayor Buol read the call and stated that this was a special meeting of the City Council called for the pur- pose of discussing the Historic Millwork District Master Plan. Assistant Economic De- velopment Director Aaron DeJong introduced An- drew Dresdner of Cuningham Group, Chris Brewer of Economic Re- search Associates, and mentioned architect Jeff Morton, who was not pres- ent. DeJong stated that the Millwork District Master' Plan process began in May 2008 with the hiring of Cuningham Group. Public input sessions were held in June and October 2008. This work session is the third in a series of input sessions. Dresdner reviewed the vi- sion for the project and the process for the work ses- sion. Chris Brewer gave a slide presentation, which highlighted the following: •Market Approach •Financial Analysis •Market Findings •Warehouse District Case Studies o Focus on Phase I Pro- , gram o Project renovation budget of $45 million ($120/sq. ft.) o Total infrastructure in- vestment of $7 million • Finan cial Implications o Federal/State Historic Tax Credits o Assumes 3-year ab- sorption for rental units and commercial space o Rent and cost growth Of 3% o Success is tied to relat- ed public improvements (parking critical) •Fiscal Considerations o Base-year assessed value of $5.77/sq. ft. o Renovated inventory of 401 800 sq. ft. o Renovated value start- ing at $40/sq. ft. o Current property tax rates, held constant o Analysis Implications - TIF o City has committed $4.8 million through 2013 •Risk Factors o Availability of State His- toric Tax Credits o Timing of renovation in relation to timing of IBM expansion o Apartment rental rates drive absorption o Office elements may need to be delayed o Retail success related to larger credit-worthy an- chortenants Council discussion in- cluded linking parking to facilities, timing with IBM expansion, securing devel- oper financing, sustain- ability, economic viability, practicality, and multi-age appeal for living facilities. There being no further business, upon motion the City Council adjourned at 6:11 p.m. /s/Jeanne F. Schneider, CMC, City Clerk 1 t 2/11 STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Cormnunications, liic., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: February 11, 2009, and for which the charge is $34.78. 1 dJV~(/LL?'L~l'tp ~~~f' Subscribed to before ine, a Notary Public in and for Dubuque County, Iowa, thisdayof _ ,20~. Notary Public in and for Dub~ique County, Iowa. ' ' r P~tARY K. WtSTERM'tYER _'~^~`' Ccmmiss!on Number 154885 ~~-r"-"- r1~ C ornm Fxp. FEB. 1, 2011 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Coun- cil met in special session at 5:00 p.m. on February 2, 2009 in the Historic Feder- al Building. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voetberg, City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated that this was a special meeting of the City Council called for the pur- pose of discussing the Historic Millwork District Master Plan. Assistant Economic De- velopment Director Aaron DeJong introduced An- drew Dresdner of Cuningham Group, Chris Brewer of Economic Re- search Associates, and mentioned architect Jeff Morton, who was not pres- ent. DeJong stated that the Millwork District Master Plan process began in May 2008 with the hiring of Cuningham Group. Public input sessions were held in June and October 2008. This work session is the third in a series of input sessions. Dresdner reviewed the vi- sion for the project and the process for the work ses- sion. Chris Brewer gave a slide presentation, which highlighted the following: •Market Approach •Financial Analysis •Market Findings •Warehouse District Case Studies •Sustainable District Models • •Challenges: Surrounding infrastructure, parking, in- ternal infrastructure, retro- fitting old buildings, indus- trial past/present •Strengths: Existing buildings, access to Downtown and the Port of Dubuque, active arts com- munity, sense of place, un- tapped downtown residen- tial market, healthy public - private partnerships •Context: local and state, regional •Connections: neighbor- hoods, downtown, Port of Dubuque •Phase 1 Detail o private/public invest- ment: Foundry Square, 10th Street, creative inter- pretations of history, ,in- dustrial aesthetics, Plaza Street, modern upgrades, Jackson Street •Phase 1b o Realignments and Im- provements, . Landform Park •Phase 2: South o private/public invest- ment: Wilmac, Kirby, Farley-Loetscher, 7th Street (Kirby -Farley Square), Iowa Street park- ing ramps •Phase 3: North - Overall *Financial Analysis Ap- proach o.evaluate financial impli- cations of Phase I o model is built around basic assumptions •Key Financial Assump- tions o One ownership entity o Focus on Phase I Pro- gram o Project renovation budget of $45 million ($120/sq. ft.) o Total infrastructure in- vestment of $7 million •Financial Implications o Federal/State Historic Tax Credits o Assumes 3-year ab- sorption for rental units and commercial space o Rent and cost growth of 3% o Success is tied to relat- ed public improvements (parking critical) •Fiscal Considerations o Base -year assessed value of $5.77/sq. ft. o Renovated inventory of 401,800 sq. ft. o Renovated value start- ing at $40/sq. ft. o Current property tax rates, held constant o Analysis Implications - TIF o City has committed $4.8 million through 2013 •Risk Factors o Availability of State His- toric Tax Credits o Timing of renovation in relation to timing of IBM expansion o Apartment rental rates drive absorption o Office elements may need to be delayed o Retail success related to larger credit -worthy an- chor tenants Council discussion in- cluded linking parking to facilities, timing with IBM expansion, securing devel- oper financing, sustain - ability, economic viability, practicality, and multi -age appeal for living facilities. There being no further business, upon motion the City Council adjourned at 6:11 p.m. /s/Jeanne F. Schneider, CMC, City Clerk 1 t 2/11 STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: February 11, 2009, and for which the charge is $34.78. 44.41.0 Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this /31z day of «�T , 2007 . Notary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER Commission Number 154885 My Comm. Exp. FEB. 1, 2011 The Dubuque City Coun- il met in regular session 16:30 p.m. on February 2, 009 in the Historic Feder- ' Building. Present: Mayor Buol, ouncil Members Braig, onnors, Jones, Lynch, esnick, Voetberg, City tanager Van Milligan, City ttorney Lindahl Mayor Buol read the call id stated this is a regular assion called for the pur- ose of discussing such tatters which may proper- come before the City ouncil. pledge of Allegiance Invocation was provided y the Reverend Kathleen illigen, St. John's Epis• opal Church CONSENT ITEMS Motion by Lynch to re- aive and file the docu- ~ents, adopt the resolu- ans,and dispose of as in- cated. Seconded Voet- arg. Motion carried 7-D. Minutes and Reports ~bmitted: Arts and Cul- ral Affairs Advisory Com- ission of 11125; City ouncil of 1115, 1120 and 26; Electrical Cade card of 1126; Housing ommission ai 1017; Li- ary Board of 10/23, 1110, 11/20, and 12118; ark and Recreation Com- ission of 1/13 _ibrary Board of Trustees pdate from Meeting of ecember 18, 2008 Proofs of publication of rty Council Proceedings January 5 (Special eating and Regular Ses- on),January 6, and Janu- y 15, 2009 Investment Oversight ommission submitting e 63rd Quarterly Report Upon motion the docu- ents were received and ed. Notice of Claims/Suits: 'n Dutty for vehicle dam- le; Thomas J. Hamel for operty damage; Lindsay user for vehicle damage; aig Pfohl for vehicle image; Gina Sealing for chicle damage; John F. Oran for vehicle damage; rstin M. Eppler for vehi- a damage; Mary Lucas r personal injury; wrtney Dolan for per• mat injury; Gary and Ker- Massey for property image; Nicole Morgan r personal Injury/property image. Upon motion the rcuments were received id filed and referred to e City Attorney. City Attorney advising at the following claims ve been referred to Pub- Entity Risk Services of ova, the agent for the lo- t Communities Assur- ce Pool: Paul Swartzel vehicle damage; Tom rmel for property dam- e; Ken Duffy for vehicle ~mege; Crelg Pfohl for hide damage; Lindsay user for vehicle damage; ary Lucas for personal ury/property damage; istln Eppler for vehicle ' mage; John Moran far ' hide damage; Gina ~eling for vehicle dam- e; Courtney Dolan far nitorney recom- denial 01 the Scott D. Hos for ton motion the docu• is were received and and concurred. ceptance of Warranty is - Junnie and Rich's Partnership: City aaer recommen ine addition in the City of Du- buque, Iowa, to the City of Dubuque was adopted. Quarterly Investment Re- port: City Manager submit- ting the Quarterly Invest- ment Report for the period from October 1, 2008 through December 31, 2008. Upon motion the document was received and filed. Professional Services for Design of the Iowa 32 Hike/Bike Trail -Phase II Project: City Manager rec• ommending approval of the selection of Buesing and Associates for proces- sional design services for the Iowa 32 BikelHike Trail Phase 2 project. Upon mo- tion the documents were received, filed, and ap- proved. 2008 Government Per- formance and Results Act (GPRA) Annual Report: City Manager submitting the 2008 Government Per• formance and Results Act (GPRA) Annual Products Report. Upon motion the documents were received and filed. 2D08 Certified Local Gov ernment (CLG) Annual Re- port: City Manager submit- ting the 2008 Certified Lo- cal Government (CLG) An- nual Report. Upon motion the documents were re- ceivedand filed. PEG Access Request: City Manager recommend- ing approval of a request from Mediecom far $1,300 hom the Capital Grant for Access Equipment and Fa- cilities to configure the master control room at the public access studio and install the necessary equipment to provide au- dio for the Cablecast Car- ousel graphic bulletin board system. Upon mo- tion the documents were received, ailed, and ep• proved. Cable Car Square Asso- ciation: Communication from Teri Connely, Cable Car Square President, thanking the City and the snow removal crews for their efforts after the heavy snowfall the weekend be- fore Christmas. Upon mo- tion the document was re• ceived and filed. Iowa Department of Eco- nomic Development - In- ternational Business Ma- chines Corporation: City Manager recommending approval of the submittal of a State of Iowa financial assistance application to the Iowa Department of Economic Development on behalf of IBM Corporation. Upon motion the docu- ments were received and filed and Resolution No.34.09 Authorizing the filing of a State of Iowa Fi- nancial Assistance AppII- cation on behalf of IBM Corporation was adopted. Dubuque Professional Firefighters Association Local #353: City Manager recommending approval of a two-year collective bar- gaining agreement be- tween the City and the Du- buque Professional Firefighters Association Local #353. Upon motion the documents were re- ceived and filed and Reso- lution No. 35-09 Approving the agreement between the City of Dubuque, Iowa and Dubuque Professional Firefighters Association, Local #353, and authoriz- ing the Mayor to sign the ' agreement was adopted. Dubuque Metropolitan Area Solid Waste Agency (DMASWA): Communica- the documents were re- ceived, filed, and ap- proved. Purchase of Property - 317 / 319 East 22nd Street: City Manager rec- ommending approval of the purchase of a residen- tial rental dwelling located at 317 1319E 22nd Street, as part of the acquisition program associated with the Bee Branch Creek Re- storation Project. Upon motion the documents were received and filed and Resolution No. 36.09 proving the acquisition o reel estate located at 317 / 319E 22nd Street in the City of Dubuque was adopted. Isaac Hanna Subdivision: Communication from George B. Isaac, Isaac Hanna, LLC, requesting a final inspection and ac- ceptance of public im- provements completed in Isaac Hanna Subdivision. Upon motion the docu- ments were received and filed and referred to the City Manager. Iowa Department of Transportation -Right-of- Way Acquisition Services Agreement: City Manager recommending approval of a Right-of-Way Acquisition Services Agreement with the Iowa Department of Transportation for the Southwest Arterial Project. Upon motion the docu- ments were received and filed and Resolution No. 37-09 Approvingg the Iowa Department of Transporta- tion Right•of-Way Acquisi- tion Services Agreement for City street relocations and/or reconstruction far City ai Dubuque South- west Arterial was adopted. Liquor license Applica- tions: City Manager rec- ommending approval of annual liquor license re- newals as submitted. Upon motion the docu- ments were received and filed and Resolution No. 36-09 Granting the issu- ance of a Class 'B" Beer Permit to Pizza Hut #4690 and #4691 and a Class 'C" Bear Permit to Big 10 Mart and Resolution No. 39.09 Granting the issu- ance of a Class "C" Beer/Liquor License to Goetz' and Marco's Italian Restaurant; and a Special Class "C" Liquor License to Cafe Manna Java West and Pusateri's were adopt- ed. Legislative Correspond- ence: City Manager sub- mitting correspondence to area State Legislators re- garding the State's budget proposal to reduce the state-funded Homestead Property Tax Credit. Upon motion the documents were received and filed. ITEMS TO BE SET FOR PUBLIC HEARING Motion by Lynch to re- ceive and file the docu- ments, adopt the resolu- tions, set the public hear- ings as indicated, and di- rect the City Clerk to pub- lish notice as prescribed by law. Seconded by Jones. Motion carried 7-0. Vacating of Property: City Manager recommending that a public hearing be set for February 16, 2D09 to consider the vacating of Gillespie Street, Fink Street and the adjacent al- ley, which are now located within the West 32nd Street Detention Basin. Upon motion the docu- ments were received and filed end Rasolutlon No. Loan Notes for the plan- ningand design of the Wa- ter Pollution Control Plant renovation project. Upon motion the documents were received and filed and Resolution No. 41-09 Fixing date for a meeting on the authorization of a Loan and Disbursement Agreement and the issu- ance of not to exceed $3,500,000 Sewer Reve- nue Capital Loan Notes o1 Dubuque, Iowa, and pro- viding for publication of notice thereof was adopt- ed setting a public hearing for a meeting to com- mence at 6:30 p.m. on February 16, 2009 in the Historic Federal Building. Neighborhood Stabiliza- tion Program: City Manag- er recommending that a public hearing be set for February 16, 2009 to re- ceive comments on an ap- plication to the Iowa De- partment of Economic De- velopment QDED) for Neighborhood Stahilizatlon program funds. Upon mo- tion the documents were received and filed and Resolution No. 42-09 Set- ting apublic hearing on an application to the Iowa De- partment of Economic De- velopment pDED) for Neighborhood Stabilization Program funds was adopt- ed setting a public hearing far a meeting to com- mence at 6:30 p.m. on February 16; 2009 in the Historic Federal Building. BOARDS/COMMISSIONS Appointments were made to the following commis- sion: Community Develop- ment Advisory Commis- sion. Two 3-year terms through February 15, 2012, Low/Moderate In- come Area and At-Large Requirements (Terms of Wainwright and Stubben). Applicants: Hilary Stub• ben, 2433 Broadway Street (Low/Moderate In- comeArea); Thomas Wain- wright, 1800 Elm Street (At-Largej. Motion by Braig to appoint Hilary Stubben and Thomas Wainwright to the Community Develop• ment Advisory Commis- sion for three-year terms through February 15, 2012. Seconded by Con- nors. Motion carried 7-0. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City Council. Floodwall Levee Slope Stabilization Projecf: Proof of publication an notice of public hearing to consider approval of the plans and specifications, form of contract and estimated cost for the Floodwall Lev- ee Slope Stabilization Proj- ect and City Manager rec• ommending approval. Mo• lion by Jones to receive and file the documents and adopt Resolution No. 43-09 Approving plans, specifications, form of contract, and estimated cost for the Floodwall Lev-. ee Slope Stabilization Proj- ect. Seconded by Lynch. Public Work Director Don Vogt provided photos of the area involved and gave an explanation of the proj- ect stating that there is not a problem with the Floodwall. Motion carried 7-0. Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS 8ricktown Liquor License Renewal: City Manager Attorney Lindahl stated this information is provided in the liquor application packet provided to appli- cants. Motion carried 7-0. Development Agreement and Incentive Agreement - International Business Ma- chines Corporation (Tabled on January 26, 2009): City Manager recommending that action on this item be tabled to February 16, 2009. Motion by Braig to re- move from the table. Seconded by Connors. Motion carried 7-0. Motion by Braig to table a proposed resolution ap- proving and authorizing execution of the Develop- ment Agreement between the City of Dubuque, Iowa, and Dubuque Initiatives, and the Incentive Agree- ment between the City and International Business Ma• chines Corporation to Feb- ruary 16, 2009. Seconded by Voetberg. Motion car- ried 7-0. 15264 Middle Road - Re- quest to Rezone (First Reading on January 20, 2009): Motion by Lynch to receive and file the docu- ments and that the re- quirementthat aproposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Connors. Motion carried 7- 0 Motion by Lynch for final consideration and passage of Ordinance No. 2-09 Amend'mg Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassify- ing hereinafter described property located at 15264 Middle Road from Dubu- que County R-2 Single- Family Residential District to City CS Commercial Services and Wholesale District. Seconded by Connors. Motion carried 7-' 0. 607 East 22nd Street - Request to Rezone (First Reading on January 20, 2009): Motion by Connors to receive and file the documents and that the requirement that a pro- posed ordinance be con- sidered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Braig. Mo- tion carried 7-D. Motion by Connors for fi- nal consideration and pas- sage of Ordinance No. 3- 09 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassi- fying hereinafter described property located at 607 - 609 East 22nd Street from C-1 Neighborhood Com- mercial District, with con- ditions, to C-1 Neighbor- hood Commercial District, with conditions. Seconded by Braig. Motion carried 7- 0. 777 Edwards Road - Amendment to Planned Unit Development District (First Reading on January 20, 2D09): Motion by Jones to receive and file the documents and that the requirement that a pro• posed ordinance be con- sidered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Voetberg. Motion carried 7-0. Motion by Jones for final consideration and passage Oak Grove Sanitary Sew- er and Water Main Exten- Sion Project (Tabled on January 20, 2009): Motion by Braig to remove from the table. Seconded by Connors. Motion carried 7- 0. Motion by Braig to re- ceive and file the docu- ments and adopt Resolu- tion No. 45-09 Approving plans, specifications, form of contract, and estimated cost for the Oak Grove Sanitary Sewer and Water Main Extension Project; Resolution No. A6-09 With respect to the adoption of the Resolution of Necessi- ty proposed for the Oak Grove Sanitary Sewer and Water Maln Extension. Project; and Rasolutlon No. 47-09 Approving schedule of assessments and estimate of total cost for the Oak Grove Sanitary Sewer and Water Main Ex- tension Project. Seconded by Connors. Motion car- ried 7-0. Award of Contract • Oak Grove Sanitary Sewer and Water Main Extension Project: City Manager rec- ommendin awar f th da e 9 public improvement con- tract for the Oak Grove Sanitary Sewer and Water Main Extension Project to Drew Cook 8 Sons Exca- vating, Inc., In the amount of $117,926.00. Motion by Connors to receive and file the documents and adopt Resolution No. 48-09 Awarding public improve- ment contract for the Oak Grove Sanitary Sewer and Water Main Extension Project. Seconded by Braig. Motion carried 7-0. Valet Parking (First Read- ing on January 20, 2009): Motion by Connors to re- ceive and file the docu- ments and that the re- quirement 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 Voetberg. Motion carried 7-0. Motion by Connors for fi- nal consideration and pas- sage of Ordinance No. 5- 09 Amending City of Du- buque Code of Ordinances Sections 33-21 and 33- 21.2 to provide for valet parking in the downtown business district by requir- ing businesses to obtain a special events permit and provide a plan for compli- ance with the Americans with Disabilities Act and Americans with Disabilities Act Accessibility Guide- lines. Seconded by Lynch. Motion carried 7-0. Fiscal Year 2010 Operat- ing Budget and Capital Im- provement Program: City Manager submitting the Fiscal Year 2010 Operating Budget and Five Year Capital Improvement Pro- gram. Motion by Connors ' to receive and file the documents. Seconded by Janes. Motion carried 7-0. COUNCIL MEMBER REPORTS Resnick reported on citi- zen input he has received regarding the biking and walking accessibility of Dubuque streets and inter- sections as this pertains to the East-West Corridor Connectivity Study. Buol reported on his at- tendance at the recent U.S. Conference of Mayors and highlighted their Main Street Economic Recovery Plan for sustainable jobs and infrastructure. Four presidential advisors Inaugural Ball. The Mayor stated that the presenta- tion he and Assistant City Manager Cindy Stein- hauser gave on the City's warehouse district at the TE OF New Partners for Smart Growth Conference in Al- buquerque, New Mexico, iU ^ ~E was well received. ,111 CLOSED SESSION Motion by Jones to go in- to closed session at 7:25 p.m. regarding pending liti- gation pursuant to Chapter IOWA COUNTY {1.75: 21.5(1)p) of the Cade of lo- CERTIFICATION OF PUBLICATION wa. Seconded by Con- nors. Motion carried 7-0. Upon motion the City Council reconvened in open session at 7:59 p.m. stating that staff had been given proper direction. ne Pike, a Billing Clerk for Woodward Communications, [nc., an Iowa There being no further buamees, upon motion the , ion, publisher of the Telegraph Herald,a newspaper of general circulation aty councJ adjourned ac ,d in the City of Dubuque, County of Dubuque and State of Iowa; hereby 8:00 p.m. ISrJeancMC; ct;-cae k hat the attached notice was published in said newspaper on the following 112111 uur~~. ~.lebruary 11, 2009, and for which the charge is $177.55. NLti ~~~ Subscribed to before 1ne, a N ry Public in and for Dubuque County, Iowa, this ~~ day , 20 D~. Notary Public in and for Dubuque County, Iowa. a".,~ MARY K. lh'ESTERMEYER ~'~,~' Commission Number 154895 °-; 'dv ~~nmm Exn. FEfi. 1, 2011 Clerk of the Above Court /s/Clay G. Gavin You are hereby notified that there is a petition on Dubuque County file in the office of the clerk Courthouse of the above court which alq $1, at anc 20( no' Ec of Ct BE an Sul .,u. th p, fe An i'OUR RESIDENCE OR IS RESIDENCE BUT NOT A JNE-FAMILY OR TWO- =AMILY DWELLING. YOU NILL HAVE NO RIGHT OF REDEMPTION AFTER THE SALE. THE PURCHASER 4T THE SALE WILL BE ENTITLED TO IMMEDIATE 3OSSESSION OF THE VIORTGAGED PROPER- ry. YOU MAY PURCHASE 4T THE SALE. The Plaintiff's attorneys are Petosa, Petosa & 3oecker, L.L.P. by Benja- riin W. Hopkins, whose address is 1350 NW 138th Street, Suite 100, Clive, lo- Na 50325-8308, telephone lumber (515) 222-9400, acsimile number (515) 222-9121.. ai Ill VV Ill III I a [ Caawl iaulc 1 JCG, LGun -" time thereafter file yopEUT`g�HE BANK motion or answer in the NATIONAL TRUST wa District Court of Dub COMPANY, AS TRUSTEE que County,.at the Coui FOR LONG BEACH house in Dubuque, low, MORTGAGE LOAN TRUST If you do not, judgment b2006 6 default may be rendere 13-3347003 against you for the relie Plaintiff, demanded in the Petition. vs . If you require the assis•EQUITY BUILDERS, tance of auxiliary aids orL,L.C.; ANGELA M. ECK; services to participate inCHRISTINE A. ECK; court because of a disabili- PETER V. ECK; ty, immediately call your Defendants. district ADA coordinator at EQUITY NO. EQCV097761 (563) 589-4448. (If you are � ORIGINAL NOTICE hearing impaired, Call Re -FOR PUBLICATION lay Iowa TTY at 1-800- TO THE ABOVE NAMED 735 2942) DEFENDANTS: 086'8Zs ISLL' amen � :SAYS 9noa IXO£S MW8 900Z STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: February 11, 2009, and for which the charge is $177.55. Subscribed to before me, a N. .ry Public in and for Dubuque County, Iowa, this /J- day ,2007 . Notary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER. Commission Number 154885 My Comm, Exp. FEB. 1, 2011 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Coun- cil met in regular session at 6:30 p.m. on February 2, 2009 in the Historic Feder- al Building. Present: Mayor Buol, Council Members Braig, I,onnors, Jones, Lynch, Resnick, Voetberg, City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a regular session called for the pur- pose of discussing such matters which may proper- ly come before the City Council. Pledge of Allegiance Invocation was provided by the Reverend Kathleen Milligen, St. John's Epis- copal Church CONSENT ITEMS Motion by Lynch to re- ceive and file the docu- ments, adopt the resolu- tions, and dispose of as in- dicated. Seconded Voet- berg. Motion carried 7-0. Minutes and Reports Submitted: Arts and Cul- tural Affairs Advisory Com- mission of 11/25; City Council of 1/15, 1/20 and 1/26; Electrical Code Board of 1/26; Housing Commission of 10/7; Li- brary Board of . 10/23, 11/10, 11/20, and 12/18; Park and Recreation Com- mission of 1/13 Library Board of Trustees Update from Meeting of December 18, 2008 Proofs of publication of City Council Proceedings of January 5 (Special Meeting and Regular Ses- sion), January 6, and Janu- ary 15, 2009 Investment Oversight Commission submitting the 63rd Quarterly Report Upon motion the docu- ments were received and filed. Notice of Claims/Suits: Ken Duffy for vehicle dam- age; Thomas J. Hamel for property damage; Lindsay Kruser for vehicle damage; Craig Pfohl for vehicle damage; Gina Seeling for vehicle damage; John F. Moran for vehicle damage; Austin M. Eppler for vehi- cle damage; Mary Lucas for personal injury; Courtney Dolan for per- sonal injury; Gary and Ker- ry Massey for property damage; Nicole Morgan for personal injury/property damage. Upon motion the documents were received and filed and referred to the City Attorney. City Attorney advising that the following claims have been referred to Pub- lic Entity Risk Services of Iowa, the agent for the Io- wa Communities Assur- ance Pool: Paul Swartzel for vehicle damage; Tom Hamel for property dam- age; Ken Duffy for vehicle damage; Craig Pfohl for vehicle damage; Lindsay Kruser for vehicle damage; Mary Lucas for personal injury/property damage; Austin Eppler for vehicle damage; John Moran for vehicle damage; Gina Seeling for vehicle dam- age; Courtney Dolan for personal injury City Attorney recom- mending denial of the claim of Scott D. Hos for vehicle damage. Upon motion the docu- ments were received and filed and concurred. Acceptance of Warranty Deeds - Junnie and Rich's Coin Partnership: City Manager recommending acceptance of the warran- ty deeds for two parcels of land owned by Junnie and Rich's Coin Partnership which were needed for the Bee Branch Creek Resto- ration Project. Upon mo- tion the documents were received and filed and Resolution No. 33-09 Ac- cepting conveyance of real property described as Lot 319 and the Westerly Half of Lot 352 in East Dubu- que No. 2, an addition in the City of Dubuque, Iowa and Lot 353 and the East- erly One -Half of Lot 352 in East Dubuque No. 2, an addition in the City of Du- buque, Iowa, to the City of Dubuque was adopted. Quarterly Investment Re- port: City Manager submit- ting the Quarterly Invest- ment Report for the period from October 1, 2008 through December 31, 2008. Upon motion the document was received and filed. Professional Services for Design of the Iowa 32 Hike/Bike Trail - Phase II Project: City Manager rec- ommending approval of the selection of Buesing and Associates for profes- sional design services for the Iowa 32 Bike/Hike Trail Phase 2 project. Upon mo- tion the documents were received, filed, and ap- proved. 2008 Government Per- formance and Results Act (GPRA) Annual Report: City Manager submitting the 2008 Government Per- formance and Results Act (GPRA) Annual Products Report. Upon motion the documents were received and filed. 2008 Certified Local Gov- ernment (CLG) Annual Re- port: City Manager submit- ting the 2008 Certified Lo- cal Government (CLG) An- nual Report. Upon motion the documents were re- ceived and filed. PEG Access Request: City Manager recommend- ing approval of a request from Mediacom for $1,300 from the Capital Grant for Access Equipment and Fa- cilities to configure the master control room at the public access studio and install the necessary equipment to provide au- dio for the Cablecast Car- ousel graphic bulletin board system. Upon mo- tion the documents were received, filed, and ap- proved. Cable Car Square Asso- ciation: Communication from Teri Connely, Cable Car Square President, thanking the City and the snow removal crews for their efforts after the heavy snowfall the weekend be- fore Christmas. Upon mo- tion the document was re- ceived and filed. Iowa Department of Eco- nomic Development - In- ternational Business Ma- chines Corporation: City Manager recommending approval of the submittal of a State of Iowa financial assistance application to the Iowa Department of Economic Development on behalf of IBM Corporation. Upon motion the docu- ments were received and filed and Resolution No.34-09 Authorizing the filing of a State of Iowa Fi- nancial Assistance Appli- cation on behalf of IBM Corporation was adopted. Dubuque Professional Firefighters Association Local #353: City Manager recommending approval of a two-year collective bar- gaining agreement be- tween the City and the Du- buque Professional Firefighters Association Local #353. Upon motion the documents were re- ceived and filed and Reso- lution No. 35-09 Approving the agreement between the City of Dubuque, Iowa and Dubuque Professional Firefighters Association, Local #353, and authoriz- ing the Mayor to sign the agreement was adopted. Dubuque Metropolitan Area Solid Waste Agency (DMASWA): Communica- tion from Chuck Goddard, Agency Administrator for DMASWA, submitting the Agency's Fiscal Year 2010 fee schedule which goes into effect on July 1, 2009. Upon motion the docu- ment was received and filed. Lease Agreement - Dubu- que Racing Association: City Manager recommend- ing approval of the Third Amendment to the existing Lease Agreement between the City of Dubuque, as owner of Dubuque Grey- hound Park and Casino, and the Dubuque Racing Association. Upon motion the documents were re- ceived, filed, and ap- proved. Purchase of Property - 317 / 319 East 22nd Street: City Manager rec- ommending approval of the purchase of a residen- tial rental dwelling located at 317 / 319 E 22nd Street, as part of the acquisition program associated with the Bee Branch Creek Re- storation Project. Upon motion the documents were received and filed and Resolution No. 36-09 Approving the acquisition of real estate located at 317 / 319 E 22nd Street in the City of Dubuque was adopted. Isaac Hanna Subdivision: Communication from George B. Isaac, Isaac Hanna, LLC, requesting a final inspection and ac- ceptance of public im- provements completed in Isaac Hanna Subdivision. Upon motion the docu- ments were received and filed and referred to the City Manager. Iowa Department of Transportation - Right -of - Way Acquisition Services Agreement: City Manager recommending approval of a Right -of -Way Acquisition Services Agreement with the Iowa Department of Transportation for the Southwest Arterial Project. Upon motion the docu- ments were received and filed and Resolution No. 37-09 Approving the Iowa Department of Transporta- tion Right -of -Way Acquisi- tion Services Agreement for City street relocations and/or reconstruction for City of Dubuque South- west Arterial was adopted. Liquor License Applica- tions: City Manager rec- ommending approval of annual liquor license re- newals as submitted. Upon motion the docu- ments were received and filed and Resolution No. 38-09 Granting the issu- ance of a Class "B" Beer Permit to Pizza Hut #4690 and #4691 and a Class "C" Beer Permit to Big 10 Mart and Resolution No. 39-09 Granting the issu- ance of a Class "C" Beer/Liquor License to Goetz' and Mario's Italian Restaurant; and a Special Class "C" Liquor License to Cafe Manna Java West and Pusateri's were adopt- ed. Legislative Correspond- ence: City Manager sub- mitting correspondence to area State Legislators re- garding the State's budget proposal to reduce the • state -funded Homestead Property Tax Credit. Upon motion the documents were received and filed. ITEMS TO BE SET FOR PUBLIC HEARING Motion by Lynch to re- ceive and file the docu- ments, adopt the resolu- tions, set the public hear- ings as indicated, and di- rect the City Clerk to pub- lish notice as prescribed by law. Seconded by Jones. Motion carried 7-0. Vacating of Property: City Manager recommending that a public hearing be set for February 16, 2009 to consider the vacating of Gillespie Street, Fink Street and the adjacent al- ley, which are now located within the West 32nd Street Detention Basin. Upon motion the docu- ments were received and filed and Resolution No. 40-09 Resolution of Intent to vacate public interest in Gillespie Street, Fink Street, and adjacent alley in the City of Dubuque, Dubuque County, Iowa, was adopted setting a public hearing for a meet- ing to commence at 6:30 p.m. on February 16, 2009 in the Historic Federal Building. Sewer Revenue Capital Loan Notes: City Manager recommending that a pub- lic hearing be set for Feb- ruary 16, 2009 to consider approval of the issuance of not to exceed $3,500,000 Sewer Revenue Capital Loan Notes for the plan- ning and design of the Wa- ter Pollution Control Plant renovation project. Upon motion the documents were received and filed and Resolution No. 41-09 Fixing date for a meeting on the authorization of a Loan and Disbursement Agreement and the issu- ance of not to exceed $3,500,000 Sewer Reve- nue Capital Loan Notes of Dubuque, Iowa, and pro- viding for publication of notice thereof was adopt- ed setting a public hearing for a meeting to com- mence at 6:30 p.m. on February 16, 2009- in the Historic Federal Building. Neighborhood Stabiliza- tion Program: City Manag- er recommending that a public hearing be set for February 16, 2009 to re- ceive comments on an ap- plication to the Iowa De- partment of Economic De- velopment . (IDED) for Neighborhood Stabilization program funds. Upon mo- tion the documents were received and filed and Resolution No. 42-09 Set- ting a public hearing on an application to the Iowa De- partment of Economic De- velopment (IDED) for Neighborhood Stabilization Program funds was adopt- ed setting a public hearing for a meeting to com- mence at 6;30 p.m. on February 16, 2009 in the Historic Federal Building. BOARDS/COMMISSIONS Appointments were made to the following commis- sion: Community Develop- ment Advisory Commis- sion. Two 3-year terms through February 15, 2012, Low/Moderate In- come Area and At -Large Requirements (Terms of Wainwright and Stubben). Applicants: Hilary Stub - ben, 2433 Broadway Street (Low/Moderate In- come Area); Thomas Wain- wright, 1800 Elm Street (At -Large). Motion by Braig to appoint Hilary Stubben and Thomas Wainwright to the Community Develop- ment Advisory Commis- sion for three-year terms through February 15, 2012. Seconded by Con- nors. Motion carried 7-0. PUBLIC HEARINGS Upon motion the rules' were suspended allowing anyone present to address the City Council. Floodwall Levee Slope Stabilization Project: Proof of publication on notice of public hearing to consider approval of the plans and specifications, form of contract and estimated cost for the Floodwall Lev- . ee Slope Stabilization Proj- ect and City Manager rec- ommending approval. Mo- tion by Jones to receive and file the documents and adopt Resolution No. 43-09 Approving plans, specifications, form of contract, and estimated cost for the Floodwall Lev- . ee Slope Stabilization Proj- ect. Seconded by Lynch. Public Work Director Don Vogt provided photos of the area involved and gave an explanation of the proj- ect stating that there is not a problem with the floodwall. Motion carried 7-0. Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Bricktown Liquor License Renewal: City Manager recommending approval of a six-month liquor license renewal for Bricktown Brewery. Motion by Connors to receive and file the documents and adopt Resolution No. 44-09 Granting the issuance of a six-month Class "C" Beer/Liquor License to Bricktown Brewery. Seconded by Lynch. Connors expressed con- cerns regarding how busi- ness owners are informed about providing proof of ownership per City and State Codes. Police City Attorney Lindahl stated this information is provided in the liquor application packet provided to appli- cants. Motion carried 7-0. Development Agreement and Incentive Agreement - International Business Ma- chines Corporation (Tabled on January 26, 2009): City Manager recommending that action on this item be tabled to February 16, 2009. Motion by Braig to re- move from the table. Seconded by Connors. Motion carried 7-0. Motion by Braig to table a proposed resolution ap- proving and authorizing execution of the Develop- ment Agreement between the City of Dubuque, Iowa, and Dubuque Initiatives, and the Incentive Agree- ment between the City and International Business Ma- chines Corporation to Feb- ruary 16, 2009. Seconded by Voetberg. Motion car- ried 7-0. 15264 Middle Road - Re- quest to Rezone (First Reading on January 20, 2009): Motion by Lynch to receive and file the docu- ments and that the re- quirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Connors. Motion carried 7- 0 Motion by Lynch for final consideration and passage of Ordinance No. 2-09 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassify- ing hereinafter described property located at 15264 Middle Road from Dubu- que County R-2 Single - Family Residential District to City CS Commercial Services and Wholesale District. Seconded by Connors. Motion carried 7-' 0. 607 East- 22nd Street - Request to Rezone (First Reading on Jahuary 20, 2009): Motion by Connors to receive and file the documents and that the requirement that a pro- posed ordinance be con- sidered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Braig. Mo- tion carried 7-0. Motion by Connors for fi- nal consideration and pas- sage of Ordinance No. 3- 09 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassi- fying hereinafter described property located at 607 - 609 Bast 22nd Street from C-1 Neighborhood Com- mercial District, with con- ditions, to C-1 Neighbor- hood Commercial District, with conditions. Seconded by Braig. Motion carried 7- 0. 777 Edwards Road - Amendment to Planned Unit Development District (First Reading on January 20, 2009): Motion by Jones to receive and file the documents and that the requirement that a pro- posed ordinance be con- sidered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Voetberg. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 4-09 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassify- ing hereinafter described property located at 777 Edwards Road from R-1 Single Family Residential District to PUD Planned Unit Development District with a PI Planned Industri- al District designation and adopting a revised Con- ceptual Development Plan for Edwards Cast Stone. Seconded by Voetberg. Motion carried 7-0. Oak Grove Sanitary Sew- er and Water Main Exten- sion Project (Tabled on January 20, 2009): Motion by Braig to remove from the table. Seconded by Connors. Motion carried 7- 0. Motion by Braig to re- ceive and file the docu- ments and adopt Resolu- tion No. 45-09 Approving plans, specifications, form of contract, and estimated cost for the Oak Grove Sanitary Sewer and Water Main Extension Project; Resolution No. 46-09 With respect to the adoption of the Resolution of Necessi- ty proposed for the Oak Grove Sanitary Sewer and Water Main Extension Project; and Resolution No. 47-09 Approving schedule of assessments and estimate of total cost for the Oak Grove Sanitary Sewer and Water Main Ex- tension Project. Seconded by Connors. Motion car- ried 7-0. Award of Contract - Oak Grove Sanitary Sewer and Water Main Extension Project: City Manager rec- ommending award of the public improvement con- tract for the Oak Grove Sanitary Sewer and Water Main Extension Project to Drew Cook & Sons Exca- vating, Inc., in the amount of $117,926.00. Motion by Connors to receive and file the documents and adopt Resolution No. 48-09 Awarding public improve- ment contract for the Oak Grove Sanitary Sewer and Water Main Extension Project. Seconded by Braig. Motion carried 7-0. Valet Parking (First Read- ing on January 20, 2009): Motion by Connors to re- ceive and file the docu- ments and that the re- quirement 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 Voetberg. Motion carried 7-0. Motion by Connors for fi- nal consideration and pas- sage of Ordinance No. 5- 09 Amending City of Du- buque Code of Ordinances Sections 33-21 and 33- 21.2 to provide for valet parking in the downtown business district by requir- ing businesses to obtain a special events permit and provide a plan for compli- ance with the Americans with Disabilities Act and Americans with Disabilities Act Accessibility Guide- lines. Seconded by Lynch. Motion carried 7-0. Fiscal Year 2010 Operat- ing Budget and Capital Im- provement Program: City Manager submitting the Fiscal Year 2010 Operating Budget and Five Year Capital Improvement Pro- gram. Motion by Connors to receive and file the documents. Seconded by Jones. Motion carried 7-0. COUNCIL MEMBER REPORTS Resnick reported on citi- zen input he has received regarding the biking and walking accessibility of Dubuque streets and inter- sections as this pertains to the East-West Corridor Connectivity Study. Buol reported on his at- tendance at the recent U.S. Conference of Mayors and highlighted their Main Street Economic Recovery Plan for sustainable jobs and infrastructure. Four presidential advisors spoke of the administra- tion's focus on cities, green jobs, renewable fuels and directing stimu- lus to cities. He spoke with members of the 2016 Olympic Committee about the benefits of Dubuque and gathered information to pass on to Keith Rahe. He then highlighted events while attending the Presi- dential Inauguration, which included greeting the Colts Drum and Bugle Corps pri- or to their performing in the inaugural parade and attending the Midwestern Inaugural Ball. The Mayor stated that the presenta- tion he and Assistant City Manager Cindy . Stein- hauser gave on the City's warehouse district at the New' Partners for Smart Growth Conference in Al- buquerque, New Mexico, was well received. CLOSED SESSION Motion by Jones to go in- to closed session at 7:25 p.m. regarding pending liti- gation pursuant to Chapter 21.5(1)(j) of the Code of Io- wa. Seconded by Con- nors. Motion carried 7-0. Upon motion the City Council reconvened in open session at 7:59 p.m. stating that staff had been given proper direction. There being no further business, upon motion the City Council adjourned at 8:00 p.m. /s/Jeanne F. Schneider, CMC, City Clerk 1 t 2/11 uuLGJ. i' TE OF IOWA UQUE COUNT, CERTIFICATIO inc Pike, a Billing Clerk f lion, publisher of the Tele in the City of Dubuque hat the attached notice wz ebruary 11, 2009, and for Subscribed to before me, a Ns this /J-7 day