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
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are Petosa, Petosa &
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riin W. Hopkins, whose
address is 1350 NW 138th
Street, Suite 100, Clive, lo-
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lumber (515) 222-9400,
acsimile number (515)
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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:
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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