Proof of Publication_City Council Proceedings 3 21 11CITY OF DUBUQUE,
IOWA
CITY COUNCIL
PROCEEDINGS
The Dubuque City
Council met in regular
session at 6:30 p.m. on
March 21, 2011 in the
Historic Federal Build -
ing.
Present: Mayor Buol,
Council Members
Braig, Connors, Jones,
Lynch, Resnick, City
Manager Van Milligen,
City Attorney Lindahl
Mayor Buol read the
call and stated this is a
regular session of the
City Council to act
upon such business
that may properly
come before the City
Council.
Pledge of Allegiance
Invocation was pre-
sented by Reverend
State Historical Soci-
ety of Iowa: Communi-
cation from the State
Historical Society of Io-
wa advising that the
Upper Main Historic
District Amendment,
900s - 1000s Main
Street, has been listed
in the National Register
of Historic Places ef-
fective February 11,
2011. Upon motion the
document was re-
ceived and filed.
Property Acquisition -
2275 Elm Street: City
Manager recommend-
ing approval of the ac-
quisition of property
located at 2275 Elm
Street as part of the
Bee Branch Creek Re-
storation Project. Upon
motion the documents
were received and filed
and Resolution No. 93-
11 Approving the ac-
quisition of real estate
owned by Todd H.
Schmitz in the City of
Dubuque was adopted.
2010 / 2011 Snow and
Ice Removal Assess-
ments: City Manager
recommending appro-
val of the 2010 / 2011
snow and ice removal
from City right -of -way
assessments. Upon
motion the documents
were received and filed
and Resolution No. 94-
11 Adopting the final
assessment schedule
for the Snow Removal
Assessment - Right -of-
Way Obstruction Re-
moval Assessment
Project was adopted.
Dubuque Levee and
Floodwall Certification
- PAL Progress Report
#6: City Manager
transmitting the City of
Dubuque's Provisional-
ly Accredited Levee
(PAL) Progress Report
#6 to FEMA for certifi-
cation of the Dubuque
levee and floodwall
system along the Mis-
sissippi River. Upon
motion the documents
were received and
filed.
Supplemental Flood
Protection Measures:
City Manager recom-
mending approval of
the purchase of HESCO
flood barriers in the
current fiscal year in-
stead of waiting until
Fiscal Year 2013 when
they are in the Capital
Improvement Program
budget. Upon motion
the documents were
received, filed, and ap-
proved.
Notice of Finding of
No Significant Impact
(FONSI) on the Environ-
ment - CARADCO, LLLP,
n.,.ie...4. !`ih., \Asnenar
setting a public hear-
ing for a meeting to
commence at 6:30 p.m.
on April 4, 2011 in the
Historic Federal Build-
ing.
Greater Downtown
Urban Renewal District
Expansion: City Man-
ager recommending
that a public hearing
be set for May 2, 2011
to consider a Resolu-
tion of Necessity for
expansion of the Great-
er Downtown Urban
Renewal District. Upon
motion the documents
were received and filed
and Resolution No. 99-
11 Resolution of neces-
sity finding that certain
areas adjacent to the
Greater Downtown Ur-
ban Renewal District
meet the definition of a
blighted area or eco-
nomic development
area under the Urban
Renewal Law and that
development of said
areas is necessary in
the interest of the resi-
dents of the City of Du-
buque, Iowa, was
adopted setting a pub-
lic hearing for a meet-
ing to commence at
6:30 p.m. on May 2,
2011 in the Historic
Federal Building.
BOARDS/
COMMISSIONS
Appointments to the
following Boards /Com-
missions: Zoning Board
of Adjustment. One 5-
year term through
March 26, 2016 (Term
of Klauer). Applicant:
Randall Klauer, 2437
Matthew John Drive.
Motion by Braig to ap-
point Randall Klauer to
the Zoning Board of
Adjustment for a 5-
year term through
March 26, 2016.
Seconded by Jones.
Motion carried 6 -0.
PUBLIC HEARINGS
Upon motion the rules
were suspended allow-
ing anyone present to
address the City Coun-
cil.
Request to Rezone -
515/517/531/537 West
8th Street: Proof of
publication on notice
of public hearing to
consider a request
from Thomas Frost to
rezone property locat-
ed at 515/517/531/537
West 8th Street from
C-4 Downtown Com-
mercial District to OC
Office Commercial Dis-
trict and Zoning Advi-
sory Commission rec-
ommending approval.
Motion by Jones to re-
ceive and file the docu-
ments and that the re-
niiiramPnt that a nro-
viaflager 1eCUTTCrtO
ing approval. Motion
by Jones to receive and
file the documents and
adopt Resolution No.
100 -11 Approving a De-
velopment Agreement
with CARADCO Build-
ing, LLLP for the prop-
erty at 900 Jackson
Street. Seconded by
Resnick. Motion car-
ried 6 -0.
Nottingham Proper-
ties, LLC - Development
Agreement: Proof of
publication on notice
of public hearing to
consider entering into
a Development Agree-
ment with Nottingham
Properties, LLC for the
purpose of redevelop-
ing property located at
485 Locust Street and
City Manager recom-
mending approval. Mo-
tion by Connors to re-
ceive and file the docu-
ments and adopt Reso-
lution No. 101 -11 Ap-
proving a Development
Agreement with Not-
tingham Properties,
LLC for the property lo-
cated at 485 Locust
Street. Seconded by
Jones. Motion carried
6 -0.
Iowa 32 Hike / Bike
Trail Phase 3 Project:
Proof of publication on
notice of public hear-
ing to consider the
plans and specifica-
tions, form of contract
and estimate of cost
for the Iowa 32 Hike /
Bike Trail Phase 3 Proj-
ect and City Manager
recommending appro-
val. Motion by Braig to
receive and file the
documents and adopt
Resolution No. 102 -11
Approving plans. speci-
fications, form of con-
tract, and estimated
cost for the Iowa 32
Hike / Bike Trail Phase
3 Project. Seconded by
Jones. Van Milligen
stated that the funding
source is a State of Io-
wa REAP grant and is
specific to the project.
Motion carried 6 -0.
Central Avenue HMA
Resurfacing Project
from 21st to 32nd
Street: Proof of publi-
cation on notice of
public hearing to con-
sider the plans and
specifications, form of
contract and estimate
of cost for the Central
Avenue HMA
Resurfacing Project
from 21st to 32nd
Street and City Manag-
er recommending ap-
proval. Motion by Con-
nors to receive and file
the documents and
adopt Resolution No.
103 -11 Approving
sores ro receive and
file the documents and
adopt Resolution No.
106 -11 Authorizing Re-
quest for Release of
Funds and Certification
for Lead Paint Hazard
Control Grant and
Healthy Homes Pro-
duction Grant Pro-
grams. Seconded by
Braig. Motion carried
6 -0.
University of Iowa -
lowa Initiative for Sus-
tainable Communities
Partnership: City Man-
ager recommending
approval of a proposed
partnership with the
University of Iowa
School of Urban and
Regional Planning Pro-
gram's Iowa Initiative
for Sustainable Com-
munities. Motion by
Jones to receive and
file the documents and
approve the recom-
mendation. Seconded
by Connors. Respond-
ing to questions from
City Council, University
of Iowa Professor
Charles Connerly de-
scribed what the fund-
ing would be used for.
Motion carried 6 -0.
City Hall HVAC Sys-
tem Replacement: City
Manager recommend-
ing approval of the re-
placement of the exist-
ing City Hall HVAC sys-
tem in order to save
significant potable wa-
ter and energy resour-
ces. Motion by Connors
to receive and file the
documents and ap-
prove the recommen-
dation. Seconded by
Braig. Responding to
questions from City
Council Building Serv-
ices Manager Rich Rus-
sell and Water Plant
Manager Bob Green ex-
plained the statistical
information provided in
the original study and
water samplings. Mo-
tion carried 6 -0.
Safe Community Task
Force: Juvenile Curfew
Recommendation (Pa-
rental Responsibility
Ordinance) (First Read-
ing on March 7, 2011):
Motion by Jones to re-
ceive and file the docu-
ments and that the re-
quirement that a pro-
posed 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. Second-
ed by Resnick. Re-
sponding to questions
from City Council, As-
sistant City Attorney
Crenna Brumwell de-
fined the term "reason-
able control." Police
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: March 30, 2011, and for which the charge is $254.33.
Subsc ' ed to before me, otary Public in and for Dubuque County, Iowa,
this day of � / , 20 // .
Notary Public in and for Dubuque County, Iowa.
MARY K. WESTERMEY
Commission Number 154
Congregational UCC. recommending appro posed ordinance be plans, specifications, Chief Mrk aasing
PRESENTATION val of the execution of considered and voted form of contract, and spoke in support oft e
2010tea Drinking Water a Request for Release on for passage at two
Central vestimated cost forthe roject standpoint
of Department. Mo-
State Revolving Loan of Funds and Certifica- Council meetings prior Central Avenue HMA standpoint of the Po -
Fund Award bl for Sus-ity fory Iowa Com mocment k whichto the mto beingtion carriedan by Jones for fi-
tainable sented Grant (CDBG) disaster be suspended. Seacond Street.2 Secondedby
Mnon.
passage of Ordinance
by Glenn Curtis, recovery funds for the Citby lanner Kylel Kritz 6-0.g Motion carried nal consideration and
EPA Region 7 ChiefM of ect.Upon
Caradco B. mono proj-on thprovided a staff report. nPo t of Dubuque SysMari- and City.of 11 1b Amending e n
the Wastewater Man documents mwere tee otion carried 6-0. •
agement Branch.
CONSENT ITEMS ceived and filed and Motion by Jones for fi- Utilities Project - Bid of Ordinances Title
Motion by Lynch to Resolution No. 95-11 Request passage consideration
-Ordnance publication ne l on Proof
noticee Safety,FrChat adoptinger O a
Of -
documents, and file the Authorizingpublic hearing
rocuments, adopt the for Release of. Funds Noto 26-11ofAmending U- of -equal
resolutions, and dis- and Certification for lo- tie 16 of the City of Du- consider the plans and new Article D Parental
pose of as indicated.Josowap Community oy Devel- buque. CodeUof Ord- specifications,
ncost
ac ingRto esponsibility
t reason -
Seconded by Jones. opment Block Grant nances, Unified Devel- contract and estimate ing the parent of a herein- of cos for the Marina Port Dock noro° controlxover the
mi-
MotionMes and 6-0. (CDBG) eFundsfo 'o reclassifying
Code,
Minutes and Reports ter Recovery Funds inr reclassifying
Submitted: Cable TV the Caradco Building after described proper- System and Utilities minor and establishing
T e I e p r o g ram m i n g project was adopted. ty located at 515 - 537 Project - Bid Package penalties for a viola -
Commission of 1/4; Dubuque Golf and West 8th Street from #1 and City Manager tion
n thereof. Seconded
City Conference Board Country Club: Comma- C-4_, Downtown Com- recommending appro-byBraig. Motion car -
of 2/7; City Council of nication from Richard mercial District to OC val. Motion by Lynch to ried 6-0.REPORTS
documents and adopt
3/3, 3/7, 3/10 and 3/12; Bugalski; General Man- Office "Commercial Dis- receive and file the COUNCIL MEMBER
Civil Commis- ager - Dubuquetry Club,
Golftrio. Seconded by Approving Resolution
plans, sped- . Jones Spotter lthe
sion of 1/14; Environ- andCountry
permission rto Braig. Motion carried Resolution No. 104-11 Jones reported on the
ass
mental Stewardship d, fireworks on EverGreen Real Estate fications, form of con- scheduled for March 22
Advisory 310; Commission display 2011 Development Corpora- tract, and estimated and on a citizen inquiry
of
er anon Historic ssionreS- MondaY, July 4,
ofv2/ion Commission with a -July 5, 2011. tion Proof of
of public buqueor the
Ma Marina oDock , smoking received
outsieregarding
eofr 2/17;tioHistoric Pres- Tuesday,There being no fur
-
of Commission Force Upon motion the docu-hearingqusto consider a Project
and UtilitieskabhThe business,bngupon
Education Task Force ment was received, request from Ever- Project - Bid Package
Commission
3/2;mm ZoningAdvisory filed, and
Contracts: A. velopmentlCorpo CEstate orporation Resnick. e- #1. eCMot on car- motadjourned the
City
Council
Zoning on of d;
Zoning Board of Ad -purchase Software amend the CedPlanrned
ried 6-0.
• justment of 2/24 Purchase; B. Water Lake - Plaza Planned Upon motion the rules /s/Jeanne F. Schneider,
discussion t the It 3/3C
Library Board of Pollution Control Plant Commercial District to were reinstated limit- CMC, City Clerk
0
Trustees Update from Project - Strand Associ- allow a senior assisted- ing
9y Council.
the Meeting of Febru ates, Inc. - Additional living housing develop- ACTION ITEMS
ary 24, 2011 services for Davis- ment and Zoning Advi- . Proofs of Publication Bacon Compliance; and sory CommissionFourth
Ward Appoint
nt-
of City Council Pro- C. Water Pollution Con- ommending approval. me
nt: ceedings of February trol Plant Project - Motion by Connors to pointment of the
22 and 24, and List Change Order #6. Upon receive file the Fourth Ward represen-
of Claims a0nd Summa- motion the documents documents
ments and that t tive. Motion by Cofile
n-
ry of Revenues for were received and therorequirposede dint he beat the tooeceivetaand
and
Month Ended January filed.
31, 2011 Liquor License Trans- considered and voted adopt Resolution No.
Upon motion the fer: Permanent trans- on for passage at two 105-11 Filling the va-
documents were re- fer of the liquor license Council meetings prior cancy in the office of
ceivedof and filed.of Easy Street from 431 to the meeting at City Council Member
ClaimRhomberg
Avenue to which it is to be passed for the Fourth Ward.
N
Suits: William and Re-e- 30 Main Street. Upon be suspended. Second -
Tim Uponn oltcal• bvote Lynn
beccamGarr for vehicle motionthe documilntsed, edBr bySavanna to the Office ofo Citye
damage; Joyce M. were received, filed, Brown, 8147 Vittoria, Sutton was appointed
Terrand approved. Valley Way, Council for the Fourth
damage;is for property and representing
Btty Wayne and Liquor City
License Appli- MN, Y Connors and
Betty Bauer for proper- cations: City Manager Real
Corpora- Ward
with Resnick,
ty ; a Bradt valrecof nnuing appro-
for vehicle damage; of annual liquor li- tion provided a slide Lynch voting for Lynn
Susanne Pauley for cense renewals as sub- presentation on the Sutton; Buol voting for
personal injury; Eugene mitted. Upon motion background of the Eric Honda; fan Jones
K. Sand for personal in- the documents were project and spoke in voting
m
jury; Monica Welter for received and filed and sopportorofnance. the pro- ro- ried to . Motion car -
vehicle damage. Upon Resolution No. 96-11 p
motion. the documents Granting the issuance sponding to questions Sustainable Develop -
were received, filed of
tosKwik StopeC- Brom own istat d that the Residential Mr. ment IncentivesSubdi l-
Atdreferred to the City Store and Para Food Zoning Commission did sions: City Manager
Atttyney. and Resolution not have access to the recommending
City Attorney advising Mart;
that the following issuance
ance of Granting the presented, the setback sustainabletandard de elop-
claims have been re-y eancq a Class "C"o p new majornresidential
for
(erred to Public Entity Beer/Liquor License to does include the side- ment incentives or
Risk Services of Iowa, Salsa's Mexican Res- walk, and walking
the ent forCommun t es th Assura- Restaurant Bunnkeor HilRunlll inghare included. Assis- at s around the build- subscore
80 points in the
ance Pool: Oak Park Golf Course, Chopper's, tant City Planner Kyle Unified Development
Place for property and the Yardarm Res- Kritz provided a staff Code process by utiliz-
damage; Zac and Amy taurant; a Special Class report. Zoning Com- ing sustainable subdi-
Scherrman for proper- "C" Liquor License to mission Vice Chairper- vision tools. Motion by
ty damage; Mamavi Mindframe Theaters; son
Charles
h the vote Miller theex- Connors
le the to documents and
personal
injury/pro-
for and a ClWine
to Kwik NaCommission regarding approve the personal ge; William
te Wine r Stop Responding
recom-
perty damage; William C-Store were adopted. the. 20 ft. recommend- menBaaign• Seconded
ed to questionsR from City
and Rebecca Garrm for ITEMS UTO BE SET LIC HEARING FOR
carried setback.
0. Motion by
Wveayne
damage; Motion by Braig to Council, Assistant City
Wayne and Betty mane; Motion byand
Connors heto amend the proposed Planner Kyle Kritz ex -
for property damage; receive documents,
adopt file tthe he . IJ
de-
damnBradtfoSusannle resolutions, set
the thei etbackotor15uft. velopment Iptionstand
Pdamage;point
mthat
jury;
ufor gee personal K Sand ca eld, hand nd recta the MotioSecondedarrriied 6-0nors. point assignment.stated Van
jury; City Clerk to publish Motion by Connors for ADA compliance is re-
Uponfer personaloinjury• final consideration and quired and that 80
motion weree the docu-, notice as prescribeddby passage of Ordinance points allows access to
ments coreceived, law. - Motion
by ' Ti-
filed and ue Metro Braig. Motion carried No. 16ofthe CityofDu- carried 5-1i withLotion
ynch
Dubuque Metropste 6-0.
tan Area Solid Waste Franklin Development Code
Devel- votingArtand Cultural Af-
tionAgency: buLLCopMenpro- fairs Advisory Commis-
Mfrom the Dubuque Agreement: Citymm Man viding for the amed- sion: City Managerrrec-
id Commis -
Metropolitan Area Sol- r recopublic mending ment of Ordinances 8- ommending
ove
mWaste Agency sub- that a public hearing
miffing the Fiscal Year be set for April 4, 2011 96 and 63-97, which es- of the Arts and Cultural
2012 budget and fee to consider approval of tablished regulations Affairs Advisory Com-
approved by the Board opment Agreement Planned Unit Develop- tion that functional
schedule which were entering into a Devel- for Cedar Lake Plaza, a mission recommen a -
of Directors. Upon mo- with Franklin invest- ment with a Planned " public art be integrat-
tion the document was ments, LLC for redevel- Commercial
ial Deat igna- edinto reek P the
Bee
project.
receivedScandpfiled. opment of the property
Scale Operator Posi- located at 39 Bluff Cross Road and Lake Motion by Braig to re-
ommeCity g that- one the site of most
CentralnAl being
amendedand
to now
ments andfile
appro approve LmmendingJones.
Public - position in the Works Depart- motion thive edocume is or personS with disabil- Seconded a by at i oe .
Lead received filed ities Paint Hazard
ament nd one eliminated
Operator andeRe Resolution No. 98- use. as a
Seconded permittedy Motion carriedPain6-0.H
Control Homes and
position created. Upon 11
public the
off the 6-0.Lynch. Motion carried Control Grant an
motion the umeets pCARADCO -Develop- duction Grant: City
Pro -
were received,od.filed, City CDubuque,
of the City of a No -
peals approved. of Dubuque, Iowa, on ment Agreement: Proof Manager recommend -
Building _Code of Ap- the proposed issuance of publication on no- tice approval Intent to Re-
peals Board: Communi- of Urban Renewal Tax tice of public hearing
Re -
cation from Ryan Increment Revenue to consider entering in- quest Release of Funds
Anglese submitting his Obligations and the ex- to a Developmennt for the LeadactPaint az-
z-
resignation from the ecution of a Develop Agreement withthe and ControlaGrantt in
Building Code of Ap- ment Agreement relat- CARADCO Building
of
LLC redeveloping the prop- Homes Production
peals Board. Upon mo- ing thereto with Frank- LLLP for the purpose of $3,099,948 and Healthy
tion the document was n Investments, located at 900 Grant in the amount of
receivediand filedandand providing o for e arty
the resignation accept- publication of notice Jackson Street and City $999,973. Motion by
ed. thereof was adopted Manager arov lrec Motion floc Jn Jones to
receive and and
State Historical Soci- setting a public hear- ing Jones to receive and
sty of Iowa: StateCommuni- ing for a meeting to byhe documents and 106-p11 Authoring asion from thet lo- coon rnce at 611 0 the.m. Approving a De -quest for Certification
Re -
Historical Society of lo- on April 4, 2011 in the adopt Resolution No. quest andfor Release o
wa advisingithat the Historic Federal Build-Vellopmentt Agreement for Lead Paint Hazard
Upper Main Historic ing. Control Homes Pro -
District Amendment, Greater Downtown with CARADCO Build- Control Grant and
900s - 1000s Main Urban Renewal District ing. LLLP at 900or the Jackson duction Grant Street, has been listed Expansion: City Man- Street. Seconded90 by grams. SecondedaPro-
inby
the Historic
National Register agthart
a publicrecomhe dingB 6-0.
of Historic Places 1ef- 1, be set for May 2, 2011 Red 6-0. Mot• ion car- Braig. Motion carried
fective FebruaryNottingham Proper- University of Iowa
document Upon was the toiconsider a Resolu-tyfor
was re-expa sion of the GreatAgreementevProof Development
to nableti Communitiesative
PropertySus-
ceived and filed. on
: City Man -
Pry EAcquisition er Downtown Renewal District. Urbanpublication
of.blpublicn hearingtice to agernersreoomme d ng
an Elm Strom: City
Manager recommend- motion the documents consider entering into approval of a°proposed
f
ing ition of of the ac-property
andereceived and filed a Resol tion No. 99- ment with Nottinment gham ree- partnership
with Iowaa
locatedadn at propertySchool
Planning Pro-
Beed
Stret partofthe sity finding that certain purposeofLLCredevelop Regional
of of Urban an
eet as property located at gram's Iowa Initiative
Branch Creek Re- Greater
Renewal DowntownDistrict Ci Y Locust5 Street
-atom- for
mun tiesSustainable
Motion by
Mo Jones to receive and
motion the documents
were received and filed meet the definition of a mending approval.
and Resolution No. 93- blighted area or eco- tion by Connors to re- file the documents and
11 Approving the ac- nomic development ceive and file the docu- approve the recem-
by Connors. Respond -
owned real estate area
under
that lution No. 01--1 Reso-
by Connon. Seconded
rs.
Respond-
Schmitz byproving a Development ing to questions
Dubuquem
in the City of development necessary
of said reement with Not- City Council, University
010/wasn adopted. the i interest of the r ii- A9 Properties, of Iowa Professor
2010 moll As and the of te C tye rest- LLC for property lo- Charles Connerly de-
ments:e RemovalCity Managerer dents , t Iowa, of Du-i crng wouldw bet h used for.
buque, was Gated at 485 Locust scribed what the fund -
recommending appro- adopted setting a pub- Street. Seconded by
City HallrHVAC Sys
vat of the 2010 / 2011 lic hearing cmmencee at Jones.
Oes. Motion carried Motion carried 6-0.
snow and ice removal ing m. on May 2, Iowa 32 Hike / Bike tem Replacement City
Sys -
from City right-of-way 6_30 p. yin ui!inric Trail Phase 3 Project: Managernd-
^ �ecomha re -
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk forHerald,a newspaperoodward Communications
nicdo general , Inc., ai
corporation, publisher of the Telegraph
published in the City of Dubuque, County of Dubuque and State of Iowa
certify that the attached notice was published in
as $nnewspaper on the fi
dates: March 30, 2011, and for which thecharge
CITY OF DUBUQUE,
IOWA
CITY COUNCIL
PROCEEDINGS
The Dubuque City
Council met in regular
session at 6:30 p.m. on
March 21, 2011 in the
Historic Federal Build-
ing,
Present: Mayor Buol,
Council" Members
Braig, Connors, Jones,
Lynch, Resnick, City
Manager Van Milligen,
City Attorney Lindahl
Mayor Buol read the
call and stated this is a
regular session of the
City Council to act
upon such business
that may properly
come before the City
Council.
Pledge of Allegiance
Invocation was pre-
sented by Reverend
Nancy Bickel of First
received and filed.
Scale Operator Posi-
tion: City Manager rec-
ommending that one
Laborer position in the
Public Works Depart-
ment be eliminated
and one Scale Operator
position created. Upon
motionthe documents
were received, filed,
and approved.
Building .Code of Ap-
peals Board: Communi-
cation from Ryan
Anglese submitting his
resignation from the
Building Code of Ap-
peals Board. Upon mo-
tion the document was
received and filed and
the resignation accept-
ed.
State Historical Soci-
ety of Iowa: Communi-
cation from the State
Historical Society of Io-
wa advising that the
Upper Main Historic
District Amendment,
900s - 1000s Main
Street, has been listed
in the National Register
of Historic Places ef-
fective February 11,
2011. Upon motion the
document was re-
ceived and filed.
Property Acquisition -
2275 Elm Street: City
Manager recommend-
ing approval of the ac-
quisition of property
located at 2275 Elm
Street as part of the
Bee Branch Creek Re-
storation Project. Upon
motion the documents
were received and filed
and Resolution No. 93-
11 Approving the ac-
quisition of real estate
owned by Todd H.
Schmitz in the City of
Dubuque was adopted.
2010 / 2011 Snow and
Ice Removal Assess-
ments: City Manager
recommending appro-
val of the 2010 / 2011
snow and ice removal
from City right-of-way
assessments. Upon
motion the documents
were received and filed
and Resolution No. 94-
11 Adopting the final
assessment schedule
for the Snow Removal
Assessment - Right -of -
Way Obstruction Re-
moval Assessment
Project was adopted.
Dubuque Levee and
Floodwall Certification
- PAL Progress Report
#6: City. Manager
transmitting the City of
Dubuque's Provisional-
ly Accredited Levee
(PAL) Progress Report
#6 to FEMA for certifi-
cation of the Dubuque
levee and floodwall
system along the Mis-
sissippi River. Upon
motion the documents
were received and
filed.
Supplemental Flood
Protection Measures:
City Manager recom-
mending approval of
the purchase of HESCO
flood barriers in the
current fiscal year in-
stead of waiting until
Fiscal Year 2013 when
they are in the Capital
Improvement Program
budget. Upon motion
the documents were
received, filed, and ap-
proved.
Notice of Finding of
No Significant Impact
(FONSI) on the Environ-
ment - CARADCO, LLLP,
Project: City Manager
opment of the property
located at 39 Bluff
Street, most recently
the site of Central Al-
ternative School. Upon
motion the documents
were received and filed
and Resolution No. 98-
11.Fixing the date for
public hearing of the
City Council of the City
of Dubuque, Iowa, on
the proposed issuance
of Urban Renewal Tax
Increment Revenue
Obligations and the ex-
ecution of a Develop-
ment Agreement relat-
ing thereto with Frank-
lin Investments, LLC
and providing for the
publication of notice
thereof was adopted
setting a public hear-
ing for a meeting to
commence at 6:30 p.m.
on April 4, 2011 in the
Historic Federal Build-
ing.
Greater Downtown
Urban Renewal District
Expansion: City Man-
ager recommending
that a public hearing
be set for May 2, 2011
to consider a Resolu-
tion of Necessity for
expansion of the Great-
er Downtown Urban
Renewal District. Upon
motion the documents
were received and filed
and Resolution No. 99-
11 Resolution of neces-
sity finding that certain
areas adjacent to the
Greater Downtown Ur-
ban Renewal District
meet the definition of a
blighted area or eco-
nomic development
area under the Urban
Renewal Law and that
development of said
areas is necessary in
the interest of the resi-
dents of the City of Du-
buque, Iowa, was
adopted setting a pub-
lic hearing for a meet-
ing to commence at
6:30 p.m. on May 2,
2011 in the Historic
Federal Building.
BOARDS/
COMMISSIONS
Appointments to the
following Boards/Com-
missions: Zoning Board
of Adjustment. One 5-
year. term . through
March 26, 2016 (Term
of Klauer). Applicant:
Randall Klauer, 2437
Matthew John Drive.
Motion by Braig to ap-
point Randall Klauer to
the Zoning Board of
Adjustment for a 5-
year term through
March 26, 2016.
Seconded by Jones.
Motion carried 6-0.
PUBLIC HEARINGS
Upon motion the rules
were suspended allow-
ing anyone present to
address the City Coun-
cil.
Request to Rezone -
515/517/531/537 West
8th Street: Proof of
publication on notice
of public hearing to
consider a request
from Thomas Frost to
rezone property locat-
ed at 515/517/531/537
West 8th Street from
C-4 Downtown Com-
mercial District to OC
Office Commercial Dis-
trict and Zoning Advi-
sory Commission rec-
ommending approval.
Motion by Jones to re-
ceive and file the docu-
ments and that the re-
quirement that a pro-
tion, located at Cedar
Cross Road and Lake
Ridge Drive and now
being amended to al-
low housing for elderly
or persons with disabil-
ities as a permitted
use. Seconded by.
Lynch. Motion carried
6-0.
CARADCO - Develop-
ment Agreement: Proof
of publication on no-
tice of public hearing
to consider entering in-
to a Development
Agreement with
CARADCO Building
LLLP for the purpose of
redeveloping the prop-
erty located at 900
Jackson Street and City
Manager recommend-
ing approval. Motion
by Jones to receive and
file the documents and
adopt Resolution No.
100-11 Approving a De-
velopment Agreement
with CARADCO Build-
ing, LLLP for the prop-
erty at 900 Jackson
Street. Seconded by
Resnick. Motion car-
ried 6-0.
Nottingham Proper-
ties, LLC - Development
Agreement: Proof of
publication on notice
of public hearing to
consider entering into
a Development Agree-
ment with Nottingham
Properties, LLC for the
purpose of redevelop-
ing property located at
485 Locust Street and
City Manager recom-
mending approval. Mo-
tion by Connors to re-
ceive and file the docu-
ments and adopt Reso-
lution No. 101-11 Ap-
proving a Development
Agreement with Not-
tingham Properties,
LLC for the property lo-
cated at 485 Locust
Street Seconded by
Jones. Motion carried
6-0.
Iowa 32 Hike / Bike
Trail Phase 3 Project:
Proof of publication on
notice of public hear-
ing to consider the
plans and specifica-
tions, form of contract
and estimate of cost
for the Iowa 32 Hike /
Bike Trail Phase 3 Proj-
ect and City Manager
recommending appro-
val. Motion by Braig to
receive and file the
documents and adopt
Resolution No. 102-11
Approving plans, speci-
fications, form of con-
tract, and estimated
cost for• the Iowa 32
Hike / Bike Trail Phase
3 Project. Seconded by
Jones. Van Milligen
stated that the funding
source is a State of Io-
wa REAP grant and is
specific to the project.
Motion carried 6-0.
Central Avenue HMA
Resurfacing Project
from 21st to 32nd.
Street: Proof of publi-
cation on notice of
public hearing to con-
sider theplans and
specifications, form of
contract and estimate
of cost for the Central
Avenue HMA
Resurfacing Project
from 21st to 32nd
Street and City Manag-
er recommending ap-
proval. Motion by Con-
nors to receive and file
the documents and
adopt Resolution No.
103-11 Approving
Creek Parkway project.
Motion by Braig to re-
ceive and file the docu-
ments and approve the
recommendation.
Seconded by Jones.
Motion carried 6-0.
Lead. Paint Hazard
Control Grant and
Healthy Homes Pro-
duction Grant: City
Manager recommend-
ing approval of a No-
tice of Intent to Re-
quest Release of Funds
for the Lead Paint Haz-
ard Control Grant in
the amount of
$3,099,948 and Healthy
Homes Production
Grant in the amount of
$999,973. Motion by
Jones to receive and
file the documents and
adopt Resolution No.
106-11 Authorizing Re-
quest for Release of
Funds and Certification
for Lead Paint Hazard
Control Grant and
Healthy Homes Pro-
duction Grant Pro-
grams. Seconded by
Braig. Motion carried
6-0.
University of Iowa -
Iowa Initiative for Sus-
tainable Communities
Partnership: City Man-
ager recommending
approval of a proposed
partnership with the
University of Iowa
School of Urban and
Regional Planning Pro-
gram's Iowa Initiative
for Sustainable Com-
munities. Motion by
Jones to receive and
file the documents and
approve the recom-
mendation. Seconded
by Connors. Respond-
ing to questions from
City Council, University
of Iowa Professor
Charles Connerly de-
scribed what the fund-
ing would be used for.
Motion carried 6-0.
City Hall HVAC Sys-
tem Replacement: City
Manager recommend-
ing approval of the re-
placement of the exist-
ing City Hall HVAC sys-
tem in order to save
significant potable wa-
ter and energy resour-
ces. Motion by Connors
to receive and file the
documents and ap-
prove the recommen-
dation. Seconded by
Braig. Responding to
questions from City
Council Building Serv-
ices Manager Rich Rus-
sell and Water Plant
Manager Bob Green ex-
plained the statistical
information provided in
the original study and
water samplings. Mo-
tion carried 6-0.
Safe Community Task
Force: Juvenile Curfew
Recommendation (Pa-
rental Responsibility
Ordinance) (First Read-
ing on March 7, 2011):
Motion byaones to re-
ceive and file the docu-
ments and that the re-
quirement that a pro-
posed 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. Second-
ed by Resnick. Re-
sponding to questions
from City Council, As-
sistant City Attorney
Crenna Brumwell de-
fined the term "reason-
able control." Police
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: March 30, 2011, and for which
the charge is $254.33.
3
Pi4
' Subsc ed to before me, otary Public in and for Dubuque County, Iowa,
this da of , 20 /` .
Y
Notary Public in and for Dubuque County, Iowa.
MARY K. WESTERMEY'
Coramiselon Number 154•