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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•