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Proof of Publication_City Council Proceedings 4 16 12CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on April 16, 2012 in the Historic Federal Build- ing. Present: Mayor Pro - Tem Jones; Council Members Braig, Con- nors, Lynch, Resnick, Sutton; City Manager Van Milligen, Assistant City Attorney Brumwell Absent: Mayor Buol, City Attorney Lindahl Mayor Pro -Tem Jones read the call and stat- ed this is a regular ses- sion of the City Council to act upon such busi- ness that may properly come before the Coun- cil. PLEDGE OF ALLEGIANCE MOMENT OF SILENCE PROCLAMATION(S). Week of the Young Child (April 22 -28, 2012) was accepted by Sherri Edwards, Direc- tor, Dubuque County Early Childhood, 2728 Asbury Road. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Rensick. Motion carried 6 -0. Minutes and Reports Submitted: Arts and Cultural Affairs Adviso- ry Commission of 1/24 and 2/28, Cable TV Commission of 4/3, City Council proceed- ings of 4/2, Civil Serv- ice Commission of 3/15 and 4/6, Housing Com- mission of 3/27, Hous- ing Trust Fund Com- mittee of 8/19/11 and 4/4/12, Transit Adviso- ry Board of 3/8, Zoning Advisory Commission of 4/4, Zoning Board of Adjustment of 3/22 Proofs of publication for City Council pro- ceedings of 3/19 and List of Claims and Sum- mary of Revenues for Month Ending 2/29 Upon motion the documents were re- ceived and filed. Review of Denial of Claim by Gary and Shirley Jameson: City Attorney recommend- ing denial of an appeal of a claim against the City for property dam- age filed by Gary and Shirley Jameson. Upon motion the documents Amended and Restate Urban Renewal Plans for Greater Downtown and Dubuque Industrial Center Urban Renewal Areas, including those costs associated with the expansion of Dubu- que Industrial Center West to farmland known as South Siegert Farm and costs associated with Wash- ington Neighborhood Subarea (Includes Bluff /West Locust) Building Incentive & Rehabilitation Pro- gram. This program provides low- interest loans and grants for re- habilitation and adap- tive reuse of buildings in the Greater Down- town Urban Renewal District Washington Neighborhood Sub- area. Upon motion the documents were re- ceived and filed and Resolution No. 97 -12 Fixing date for a meet- ing on the proposition of the issuance of not to exceed $5,575,000 General Obligation Bonds (for Essential Corporate Purposes) of the City of Dubuque, Iowa. and providing for publication of notice thereof was adopted setting a public hear- ing for a meeting to commence at 6:30 p.m. on May 7, 2012 in the Historic Federal Build- ing. SOARERS/ COM0AISSl NS Environmental Stew- ardship Advisory Com- mission: One three - year term through Oc- tober 1, 2014 (Vacant were received, filed and concur with denial. Intermodal Contract Amendment 3: City Manager is transmit- ting information on Amendment 3 to the Intermodal Contract with IIW Engineers for selection of an Intermodal site and ex- tra work required re- garding the location of a bus storage facility. Upon motion the docu- ments were received, filed, and approved. Intermodal Contract Amendment 4: City Manager transmitting information on Amend- ment 4 to the Intermodal Contract with IIW Engineers for selection of an Intermodal site and ex- tra work required relat- ed to an environmental review of the rail line and overnight location site for passenger rail service. Upon motion the documents were received, filed, and ap- proved. 2012 -2013 Urban Deer Management Plan: City Manager recommend- ing approval of the 2012 -2013 City of Dubu- que Urban Deer Man- agement Plan. Upon motion the documents were received, filed, and approved. 2011 National Park Service (NPS) Reports: City Manager transmit- ting the 2011 National Park Service (NPS) An- nual Products Report and Baseline Question- naire. Upon motion the document was re- ceived and filed. New Terminal Aircraft Deice Fluid (ADF) Containment /Col lectio n Project: City Manag- er recommending ap- proval of funding the Aircraft Deice Fluid (ADF) Containment fa- cility in the Fiscal Year 2013 budget rather than the Fiscal Year 2014 budget. Upon mo- tion the documents were received, filed, and approved. Five Flags Center - Fiscal Year 2013 De- tailed Operating Budg- et: City Manager rec- ommending approval of the Fiscal Year 2013 Five Flags Center pro- posed operating budg- et submitted by SMG. Upon motion the docu- ments were received, filed, and approved. Flood Disaster Legis- lative Amendment: City Manager recommend- ing approval of a con- tract with David Adelman of Corner- stone in the amount of $7,500 to assist City staff in amending House File 2465 to pro- vide eligibility for the City of Dubuque's Bee Branch project for State of Iowa Flood Disaster money., Upon motion the documents were received, filed, and approved. Acceptance of Storm Sewer Easements - 2600 and 2608 Matthew John Drive: City Man- ager recommending acceptance of storm sewer easements from Gerald D. and Patricia H. Richard and James F. and Karilyn M. Steffen for a storm sewer extension across 2600 and 2608 Matthew John Drive. Upon mo- tion the documents Resnick. Motion car- ried 6 -0. Motion by Connors to table to June 18, 2012. Seconded by Lynch. Motion carried 6 -0. Upon motion the rules were suspended to al- low anyone present to address the City Council. Request to Rezone - 1700 Block of Rhom- berg Avenue: Proof of publication on notice of public hearing to consider a request from Mike Portzen / Holy Spirit Parish to rezone property locat- ed in the 1700 block of Rhomberg Avenue from R -2A Two - Family Residential District to R -4 Multi - Family Resi- dential District and the Zoning Advisory Com- mission recommending approval. Motion by Connors to receive and file the documents and that the requirement that a proposed ordi- nance be considered and voted on for pas- sage at two Council meetings prior to the meeting at which it is to be passed be sus- pended. Seconded by Lynch. Planning Serv- ices Laura Carstens provided a staff report. Developer Mike Port- zen stated that there will be 32 units availa- ble for sale and that renting the units until they are purchased may also be an option. Portzen added that background checks and covenants will be included in tenant/ buyer agreements. Mo- tion carried 6 -0. were received and filed and Resolution No. 89- 12 Accepting the grant of an easement for - storm sewer under and across Lot 2 Harvest View Estates 4th Addi- tion in the City of Du- buque, Dubuque Coun- ty, Iowa; and Resolu- tion No. 90 -12 Accept- ing the grant of an easement for storm sewer under and across Lot 3 Harvest View Estates 4th Addi- tion in the City of Du- buque, Dubuque Coun- ty, Iowa, were adopted. Landfill Equipment Operator Position: City Manager recommend- ing approval to create one additional Landfill Equipment Operator position. Upon motion the documents were received, filed, and ap- proved. Dubuque Metropoli- tan Area Solid Waste Agency (DMASWA): Correspondence from the Dubuque Metropol- ' itan Area Solid Waste Agency (DMASWA) no- tifying the City that DMASWA is extending the Waste Delivery Contract with the City for an additional one - year term commencing July 1, 2012 through June 30, 2013. Upon motion the documents were received and filed. Civil Service Commis- sion: Civil Service Com- mission submitting the certified lists for the positions of Bus Opera- tor, Firefighter, Fire Equipment Operator, Fire Lieutenant, Fire Captain, EMS Supervi- sor, Assistant Fire Chief, and Assistant Fire Marshal. Upon mo- tion the documents were received, filed and made a Matter of Record. Signed Contracts: Short Form Improve- ment Contract with Fischer Brothers, LLC for the Sutton Pool Wa- ter Slide Refinishing. Upon motion the docu- ment was received and filed. Cookin' Something Up - Order Setting Hear- ing: City Manager rec- ommending that the City Council resched- ule the April 2, 2012 Al- cohol Compliance Hearing for Cookin' Something Up until June 4, 2012, due to, a conflict for their legal representative. Upon motion the documents were received, filed, and approved. Alcohol Compliance Civil Penalty for Alco- hol License Holders - Adobo's Mexican Grill: City Manager recom- mending approval of the Acknowledgment/ Settlement Agreement for an alcohol compli- ance violation for Adobe's Mexican Grill, 756 Main Street. Upon motion the documents were received, filed, and approved. Alcohol and Tobacco License Applications: City Manager recom- mending approval of annual liquor, beer, wine and tobacco li- cense as submitted. Upon motion the docu- ments were received and filed and Resolu- tion No. 91 -12 Approv- ing applications for beer, liquor, and /or by Connors to receive and file the documents and adopt Resolution No. 99 -12 Amending the current budget for the Fiscal Year ending June 30, 2012 (as amended last on Sep- tember 29, 2011). Seconded by Braig. Motion carried 6 -0. Upon motion the rules were reinstated limit- ing discussion to the City Council. ACTION ITEMS Retail Single -Use Plas- tic Bag Reporting Ordi- nance (Third Reading): City Manager request - `ing approval of an Or- dinance that will re- quire retailers, based on size, to report their purchase and distribu- tion of plastic bags in order to measure community -wide prog- ress towards the adopted goal of reduc- ing single -use plastic bag use 90% by 2017 in Dubuque. Mayor Buol request- ing that this item be ta- bled to May 7, 2012. Chamber of Com- merce President and CEO Molly Grover re- questing to address the City Council re- garding the Chamber's position on the pro- posed Ordinance prior to the third reading. Motion by Braig to ta- ble the third reading of a proposed ordinance amending City of Du- buque Code of Ordi- nances Title 6 Health, Housing, Sanitation and Environment, Chapter 2 Establish- ments and Hotel Sani- wine permits, as re- quired by City of Dubu- que Code of Ordinan- ces Title 4 Business and License Regula- tions, Chapter 2 Liquor Control, Article B Liq- uor, Beer and Wine Li- censes and Permits; and Resolution No. 92- 12 Approving applica- tions for retail ciga- rette /tobacco sales permits, as required by Iowa Code 453A.47A were adopted. ITEMS TO BE SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the resolutions, set the public hearings as indi- cated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Resnick. Motion car- ried 6 -0. General Corporate Purpose General Obli- gation Bonds - $475,000: City Manager recommending that a public hearing be set for May 7, 2012, on the proposition of selling not to exceed $475,000 in General Obligation Bonds, the proceeds of which will be used to pay costs of repainting the Library mezzanine ceiling and installation of security cameras in the Locust Street Ramp. Upon motion the documents were re- ceived and filed and Resolution No. 93 -12 Fixing date for a meet- ing on the proposition of the issuance of not to exceed $475,000 of General Obligation Bonds and providing for publication of no- tice thereof was adopt- ed setting a public hearing for a meeting to commence at 6:30 p.m. on May 7, 2012 in the Historic Federal Building. General Corporate Purpose General Obli- gation Bonds $600,000: City Manager recommending that a public hearing be set for May 7, 2012, on the proposition of selling not to exceed $600,000 in General Obligation Bonds, the proceeds of which will be used to pay costs of City Hall exterior brick work. Upon motion the docu- ments were received and filed and Resolu- tion No. 94 -12 Fixing date for a meeting on the proposition of the issuance of not to ex -, ceed $600,000 of Gen -' eral Obligation Bonds and providing for publi- cation of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on May 7, 2012 in the Historic Federal Building. General Corporate Purpose General Obli- gation Borrowing - $700,000: City Manager recommending that a public hearing be set for May 7, 2012, on the proposition of selling not to exceed $700,000 in General Obligation Bonds, the proceeds of which will be used to pay costs of Fire Sta- tion improvements, Five Flags Arena roof and light fixtures re- placement and re- placement of the Grand River - Center outdoor sign. Upon mo- tion the documents were received and filed and Resolution No. 95- 12 Fixing date for a meeting on the propo- sition of the issuance of not to exceed $700,000 of General Obligation Bonds and providing for publica- tion of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on May 7, 2012 in the Historic Federal Building. Essential Corporate Purpose General Obli- gation Bonds - $8,650,000: City Man- ager recommending that a public hearing be set for May 7, 2012, on the proposition of selling not to exceed $8,650,000 in General Obligation Bonds, the proceeds of which will be used to pay costs of water and sanitary util- ity extensions from Technology Park South to the Airport, reloca- tion of E911 equipment to a different tower, re- placement of a Fire pumper truck, roof re- placement at Bunker Hill, improvements at Bunker Hill and Flora and Sutton pools, local match of Federal Emer- gency Management Agency Flood Buyout Program for properties sustaining substantial damage in the July STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: April 25, 2012, and for which the charge is $234.60. 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Upon motion the documents were received and filed and Resolution No. 96- 12 Fixing date for a meeting on the propo- sition of the issuance of not to exceed $8,650,000 General Ob- ligation Bonds (for Es- sential Corporate Pur- poses) of the City of Dubuque, Iowa, and providing for publica- tion of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on May 7, 2012 in the Historic Federal Building. Urban Renewal Gen- eral Obligation Bonds - $5,575,000: City Man- ager recommending that a public hearing be set for May 7, 2012 on the proposition of selling not to exceed $5,575,000 in General Obligation Urban Re- newal Bonds, the pro- ceeds of which will be used to fund urban re- newal project activities under the authority of Chapter 403 of the Code of Iowa and the Amended and Restate Urban Renewal Plans for Greater Downtown and Dubuque Industrial Center Urban Renewal Areas, including those costs associated with the expansion of Dubu- que Industrial Center West to farmland known as South Siegert Farm and costs associated with Wash- ington Neighborhood Subarea (Includes Bluff /West Locust) Building Incentive & Rehabilitation Pro- gram. This program provides low- interest loans and grants for re- habilitation and adap- tive reuse of buildings in the Greater Down- town Urban Renewal District Washington Neighborhood Sub- area. Upon motion the documents were re- ceived and filed and Resolution No. 97 -12 Fixing date for a meet- ing on the proposition of the issuance of not to exceed $5,575,000 General Obligation Bonds (for Essential Corporate Purposes) of the City of Dubuque, Iowa, and providing for publication of notice thereof was adopted setting a public hear- ing for a meeting to commence at 6:30 p.m. on May 7, 2012 in the Historic Federal Build- ing. E£lAP ©S/ COMM3SSSONS Environmental Stew- ardship Advisory Com- mission: One three - year term through Oc- tober 1, 2014 (Vacant term of Klostermann). Applicants: Julie Beck, 1390 Glen Oak Street; Andrea Helgager, 40 Main Street, #300. Upon roll -call vote of 5- 1 (Sutton voting for Helgager), Julie Beck was appointed to the Environmental Stew- ardship Advisory Com- aaig1 Wo3•sa!esa!I!ASJa4p'MMM 184Z- SL8- 199'3U1 '00 S31VS 3111AS213A0 ST9Z-069`60t9-955-£99 USSSePA Ined •uo! }!sod sip pooh `spioaej aoupw - Jo}Jad `Sllfl8 SfONV WOa'UO43SEJelSayoue W'MMM 0I'91-L06-196 •3ul `uo! }3nV )130 }san!1 islaLS3HONVIN fie Asa l W 03•5eJ0ewnS41e•MMM E106-E4S-E9S JO LL86-8S8 -918 IIP3 S IBILLs S313VS EAInsHV •paJeJ4o UJa }saM'81s!I6u3 •suossal 6u!pu'8 saes `6u!u!eJ} `6u!pJeoq 3S210H 331A213S llfld 1984* III dI0�92� E SRN 8LOL-069-199 •x!w ssSJ6 5J!e4!e Jo saieq aOeIJs punoJ 5x4 90SE-Z4S -E9S •oqo a!eq /04$ seaq punoJ pedd5JM Tau `ssPJ6 dl3 091 mission for a three - year term through Oc- tober 1, 2014. PUBLIC HEARINGS Request to Amend Planned Unit Develop- ment - Asbury Plaza (Tabled from March 5, 2012): Proof of publica- tion on notice of public hearing to consider a request by O'Connor & Thomas, P.C., Asbury Dubuque, LC, and Ri- chardson Investments, LLC to amend the As- bury Plaza Planned Unit Development to allow for a right - in /right -out access to the Northwest Arterial and to amend the list of permitted uses, height and sign regula- tions and the Zoning Advisory Commission recommending appro- val. City Manager recom- mending additional amendments to the As- bury Plaza Planned Unit Development. Correspondence from O'Connor & Thomas on behalf of the develop- ers requesting that the request to amend the Planned Unit Develop- ment for Asbury Plaza be tabled to June 18, 2012. Motion by Con- nors to remove from the table. Seconded by Resnick. Motion car- ried 6 -0. Motion by Connors to table to June 18, 2012. Seconded by Lynch. Motion carried 6 -0. Upon motion the rules were suspended to al- low anyone present to address the City Council. Request to Rezone - 1700 Block of Rhom- berg Avenue: Proof of publication on notice of public hearing to consider a request from Mike Portzen / Holy Spirit Parish to rezone property locat- ed in the 1700 block of Rhomberg Avenue from R -2A Two - Family Residential District to R -4 Multi - Family Resi- dential District and the Zoning Advisory Com- mission recommending approval. Motion by Connors to receive and file the documents and that the requirement that a proposed ordi- nance be considered and voted on for pas- sage at two Council meetings prior to the meeting at which it is to be passed be sus- pended. Seconded by Lynch. Planning Serv- ices Laura Carstens provided a staff report. Developer Mike Port- zen stated that there will be 32 units availa- ble for sale and that renting the units until they are purchased may also be an option. Portzen added that background checks and covenants will be included in tenant/ buyer agreements. Mo- tion carried 6 -0. Motion by Connors for final consideration and passage of Ordinance No. 30 -12 Amending Ti- tle 16 of the City of Du- buque Code of Ordi- nances, Unified Devel- opment Code, by reclassifying herein- after described proper- ty located in the 1700 se3!nJes 4110 117 = AJ }uno3 aq1 u! s }ol 8I11�9Jt1a9O113A30 Cinatmonv 9510-111-19945 PP-I8 JO SI4I- 995 'sa! }!!! }n (1!3 '4°I 4001115M '000`ZE$ -000'9Z$ ':!Jed nee '8 Ja}uaa •W WOO'looyas o} ague }sip 6upilvm ul s }01'4 }!unwUJO3 6uiMOJb Alp!dea'V! `e }sOad S5454S3 Ma!n)4Jed 8 4UO W dOISASD S)Ie0 !eioa 1189- Z89-19S '00S`8Z$'aolu AJSA 'WO `V8 Z `218 £ 08x91 165L-955 -195 'out `6u!snoH spJn0 430E 1!JdV nJy} sanul }uoa Pips AJPSJaAIUUV 4404 9865 -Z19 -008 'S3WOH 2131A1I3HMOH JaMau JO 9L, `awoy pasn JnoA Jo} gseo Aed am S3INOH 213WI3HN1JOH 586S-Z£9- 008'006`61$ •uo! }epuno4 Jno4 uo 4as 8 paaan!la0 `V8 T `218 Z Z£x4ZMSN'SlaPOV IIV 3ONVbV313 A21OIN3ANI efiet block of Rhomberg Avenue from R -2A Al- ternate Two - Family Residential District to R -4 Multi - Family Resi- dential District. Sec- onded by Braig. Motion carried 6 -0. Second Annexation Request - 10924 Key West Drive: Proof of publication on notice of public hearing to consider a second an- nexation request of Catherine C. Chris- topherson for an addi- tional parcel at 10924 Key West Drive and the City Manager recom- mending approval. Mo- tion by Lynch to re- ceive and file the docu- ments and adopt Reso- lution No. 98 -12 Ap- proving application for voluntary annexation of territory to the City of Dubuque, Iowa. Seconded by Connors. Motion carried 6 -0. Fiscal Year 2012 Budg- et Amendment No. 2: Proof of publication on notice of public hear- ing to consider the sec- ond Fiscal Year 2012 Budget Amendment, which amends the Fis- cal Year 2012 budget for City Council ac- tions, and the City Manager recommend- ing approval. Motion by Connors to receive and file the documents and adopt Resolution No. 99 -12 Amending the current budget for the Fiscal Year ending June 30, 2012 (as amended last on Sep- tember 29, 2011). Seconded by Braig. Motion carried 6 -0. Upon motion the rules were reinstated limit- ing discussion to the City Council. ACTION ITEMS Retail Single -Use Plas- tic Bag Reporting Ordi- nance (Third Reading): City Manager request - ing approval of an Or- dinance that will re- quire retailers, based on size, to report their purchase and distribu- tion of plastic bags in order to measure community -wide prog- ress towards the adopted goal of reduc- ing single -use plastic bag use 90% by 2017 in Dubuque. Mayor Buol request- ing that this item be ta- bled to May 7, 2012. Chamber of Com- merce President and CEO Molly Grover re- questing to address the City Council re- garding the Chamber's position on the pro- posed Ordinance prior to the third reading. Motion by Braig to ta- ble the third reading of a proposed ordinance amending City of Du- buque Code of Ordi- nances Title 6 Health, Housing, Sanitation and Environment, Chapter 2 Establish- ments and Hotel Sani- tation, by Adopting a New Section 6 -2 -2 Single -Use Plastic Bag Reduction to May 7, 2012. Seconded by Connors. Motion car- ried 6 -0 Caradco Landlord, LLC - Iowa Finance Au- thority Collateral Amendment: City Man- tint Et eDE1 E. Etto3 OH 0.111 •aaa6u!no!eIIaO LLS9 -0851 uaM9 000'5L$ '6u!!Jed •paluaJ Apnn'sl!un 5 — IS 51 wa3•D206ueno 53 LLS9-06S-E9S lase)! uaJ 008'86$ 'aoewnJ JaM8u f SMOpwM Mau y11M 'S1wn bs 0041 Z — aA!Ja a'lJel3 68 21510 anS Ile0 000'59$'6uo 181 'pays ebSJOls 'aIeJef e Jot WOOJ y1!M 101 e6Jel'VE I 119 Z •ap!s1saM o1 aso!: 101 45846 uo aWoy AJO1: z/ I Azo3 — eue)pui 168i ' 606Z-E45 005 &JOW Auew eg 'rap '4Jpune u! -lea 641 'sJeun6 pue 1004 'pays '64Jd 1aa410 110 '119 Z ager recommending approval of an amend- ment to the loan docu- ments for the $4.5 mil- lion loan provided by the Iowa Finance Au- thority to the City of Dubuque, which has in turn been loaned by the City to Caradco Landlord, LLC for the Caradco Building Proj- ect. Motion by Connors to receive and file the documents and ap- prove the recommen- dation. Seconded by Braig. Motion carried 6 -0. PUBLIC INPUT James herring, 1913 Jackson Street, ad- dressed the City Coun- cil regarding an issue he has with a local pawn shop being in possession of property that he alleges was taken from his home during a robbery in June 2011. The City Manager referred Mr. Ferring to Police Chief Mark Dalsing, who was present at the meeting. ADJOURNMENT There being no fur- ther business, upon motion the City Council adjourned at 7:02 p.m. /s /Kevin S. Fifnstahl City Clerk 10 4/25 STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: April 25, 2012, and for which the charge is $234.60. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this c11 a day of - , 20 % .• Notary Public in and for Dubuque County, Iowa. \' 'tR'(r ,