4 20 09 City Council Agenda_Icons
ROLL CALL ORDER
FOR MEETING OF
4/20/09
JONES
LYNCH
RESNICK
VOETBERG
BRAIG
BUOL
CONNORS
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
5:00 P.M. – WASHINGTON NEIGHBORHOOD PLAN
6:30 P.M. – REGULAR MEETING
HISTORIC FEDERAL BUILDING
MONDAY, APRIL 20, 2009
Work Session - MVM Work Session - Staff Work Session - Information SheetGazette Article
MemoMemoAddendum
PLEDGE OF ALLEGIANCE
INVOCATION
Reverend Loren Hirschy, Word of Life Church
CONSENT ITEMS
The consent agenda items are considered to be routine and non-controversial and all consent
items will be normally voted upon in a single motion without any separate discussion on a
particular item. If you would like to discuss one of the Consent Items, please go to the
microphone and be recognized by the Mayor and state the item you would like removed from
the Consent Agenda for separate discussion and consideration.
1. Minutes and Reports Submitted
City Council of 4/6; Civil Service Commission of 1/30; Historic Preservation Commission
of 3/19; Zoning Advisory Commission of 3/25 and 4/1; Zoning Board of Adjustment of
3/3 and 3/26
Suggested Disposition: Receive and File
City CouncilCivil ServiceHistoric PreservationZAC of 3/25ZAC of 4/1ZBA of 3/3
ZBA of 3/26
2. Notice of Claims/Suits
City Attorney advising that the following claims have been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Communities Assurance Pool: William Enk for
vehicle damage
Suggested Disposition: Receive and File; Concur
Claim - ICAP
3. Indiana Subdivision
City Manager recommending acceptance of the public improvements which the
developer, KZ Investments, LLC, has recently completed in Indiana Subdivision.
RESOLUTION
Accepting improvements in Indiana Subdivision
Suggested Disposition: Receive and File; Adopt Resolution
Indiana Sub - Vicinity
Indiana Sub - MVM Indiana Sub - Staff Indiana Sub -
Map/Plat
MemoMemoResolution
4. IDOT Agreement for Traffic Safety Improvement Funding
City Manager recommending approval of the Iowa Department of Transportation
Agreement for Traffic Safety Improvement Funding (Iowa DOT Project No. CS-TSF-
2100(644)--85-31, Agreement No. 2010-TS-018) for the Pennsylvania Avenue
Improvements Project, IA 32 to Vizaleea Drive.
RESOLUTION
Approving the Iowa Department of Transportation Agreement for Traffic
Safety Improvement Funding for the Pennsylvania Avenue from IA 32 to Vizaleea Drive
Safety Improvements (CS-TSF-2100(644)--85-31, Agreement # 2010-TS-018)
Suggested Disposition: Receive and File; Adopt Resolution
IDOT Agreement - IDOT Agreement - IDOT Agreement - IDOT Letter
MVM MemoStaff MemoResolutionAgreement
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5. Historic Old Main Street – Lighting and Sidewalk Replacement Project
Assessments
City Manager recommending approval of a revised schedule of final assessments for
the Historic Old Main Street – Lighting and Sidewalk Replacement Project.
RESOLUTION
Adopting the revised final assessment schedule for the Historic Old Main
Street – Lighting and Sidewalk Replacement Project
Suggested Disposition: Receive and File; Adopt Resolution
Assessments - MVM Assessments - Staff Assessments - Revised
MemoMemoResolutionAssessments
6. Vision Iowa Board – Community Attraction and Tourism Agreement
City Manager recommending approval of the execution and delivery of a $440,000
Community Attraction and Tourism (CAT) grant agreement with the Vision Iowa Board
for the E.B. Lyons Interpretive Center Expansion.
Communication from Andrew Anderson, Vision Iowa Board Chair, advising that the
Vision Iowa Board intends to award the City of Dubuque and the Friends of the Mines of
Spain a Community Attraction and Tourism Grant of $440,000 on behalf of the E.B.
Lyons Interpretive Center Expansion Project.
RESOLUTION
Authorizing execution of CAT Grant Agreement for E.B. Lyons
Interpretive Center Expansion Project
Suggested Disposition: Receive and File; Adopt Resolution
IDED Ltr - CAT Grant
CAT Agreement - CAT Agreement - CAT Agreement - CAT Grant CAT Subgrantee
MVM MemoStaff MemoResolutionAgreementAgreement
7. Population of Annexed Areas
City Manager recommending that the City certify to the State Treasurer the population
of any areas annexed since the 2000 Census as required by Section 312.3(4) of the
Code of Iowa.
Suggested Disposition: Receive and File
Population - Staff Population - Ltr to Population - Vicinity Property Owner Map
Population - MVM
MemoStateMap
Memo
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8. Revitalize Iowa’s Sound Economy (RISE) Grant
City Manager recommending approval of a Project Agreement with the Iowa
Department of Transportation for RISE funding in the amount of $285,002 for a new
street in the Dubuque Industrial Center West to service the former North Siegert farm
area.
RESOLUTION
Approving an Agreement for R.I.S.E. funding with the Iowa Department
of Transportation relating to development of a new street in the Dubuque Industrial
Center West
Suggested Disposition: Receive and File; Adopt Resolution
RISE Grant
RISE - MVM MemoRISE - Staff MemoRISE - Resolution
9. Certificate of Completion – Port of Dubuque Adams Development, LLC
City Manager recommending approval of the issuance of a Certificate of Completion for
Port of Dubuque Adams Development, LLC in the Dubuque Industrial Center West
acknowledging completion of their obligations to construct Minimum Improvements as
stipulated in the Development Agreement.
Suggested Disposition: Receive and File; Approve
Certificate - MVM Certificate - Staff Certificate of Certificate - Durrant Planning Services
MemoMemoCompletionLtrMemo
10. Millwork District Energy Plan
City Manager recommending approval of the selection of the consultant for the Millwork
District Energy Plan.
Suggested Disposition: Receive and File; Approve
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NOTE: Material for this Agenda Item will be delivered on Friday, April 17.
11. Environmental Stewardship Advisory Commission
Communication from Wayne Klostermann, Chair of the Environmental Stewardship
Advisory Commission, regarding methane gas.
Suggested Disposition: Receive and File
ESAC Ltr
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12. Fiscal Year 2009 COPS Secure Our Schools Grant Application
City Manager recommending approval of the submittal of a Fiscal Year 2009
Community Oriented Policing Secure our Schools Grant application for the purpose of
obtaining grant funding for school security measures.
Suggested Disposition: Receive and File; Approve
COPS - MVM MemoCOPS - Staff Memo
13. Tobacco Compliance – Civil Penalties for Tobacco License Holders
City Manager recommending approval of the Acknowledgement/Settlement Agreement
for a first offense tobacco compliance violation for HIBA Petroleum (Clarke of Dubuque),
700 Rhomberg Avenue.
Suggested Disposition: Receive and File; Approve
Tobacco - MVM Tobacco - Staff Tobacco Settlement
MemoMemoAgreement
14. Alcohol Compliance – Civil Penalties for Alcohol License Holders
City Manager recommending approval of the Acknowledgement/ Settlement
Agreements for a first offense alcohol compliance violation for House of China, 170
John F. Kennedy Road and Applebee’s Neighborhood Grill and Bar, 1395 Associates
Drive, acceptance and approval of the payment and the Acknowledgement/Settlement
Agreement when it is received for a first offense alcohol compliance violation for HIBA
Petroleum (Clarke of Dubuque), 700 Rhomberg Avenue, and to schedule a first offense
alcohol civil penalty hearing regarding Tott’s Tap, 3457 Jackson Street, for May 4, 2009
concerning their December 18, 2008 alcohol violation.
Suggested Disposition: Receive and File; Approve
Alcohol - MVM MemoAlcohol - Staff MemoAlcohol Settlement
Agreements
15. Delinquent Water, Sewer, Refuse and Stormwater Collection Accounts
City Manager recommending approval of the submission of delinquent water, sewer,
refuse and stormwater collection accounts to the Dubuque County Treasurer.
RESOLUTION
Adopting the Schedule of Assessments for delinquent water, refuse,
sewer and stormwater collection accounts and specifying the number of annual
installments into which assessments are divided, the interest on all unpaid installments,
the time when the assessments are payable and directing the Clerk to certify the
schedule of assessments to the County Treasurer and to publish notice thereof
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Suggested Disposition: Receive and File; Adopt Resolution
Accounts - Staff Accounts - Accounts - List of
Accounts - MVM
MemoResolutionAssessments
Memo
16. Request for Proposals – Procurement Card Services
City Manager recommending approval of the issuance of a Request for Proposals for
implementing a Procurement Card Program
Suggested Disposition: Receive and File; Approve
RFP - Staff MemoRequest for RFP Vendor List
RFP - MVM Memo
Proposals
17. Dubuque Water Ski Club
City Manager recommending approval of the annual lease with the Dubuque Water Ski
Club for a section of Schmitt Island.
Suggested Disposition: Receive and File; Approve
Ski Club - Staff MemoSki Club - Lease
Ski Club - MVM Memo
Agreement
18. Health Alert Network (HAN) Memorandum of Understanding Agreement
City Manager recommending approval of a Memorandum of Understanding (MOU) for
continued use of the Health Alert Network (HAN) portal system with the Iowa
Department of Public Health.
Suggested Disposition: Receive and File; Approve
HAN - MVM MemoHAN - Staff MemoIDPH MemoHAN - Memorandum HAN - Attachment A
of Understanding
HAN - Atachment BHAN - Attachment CHAN - Attachment D
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19. Intergovernmental Agreement – City of East Dubuque, Illinois
City Manager recommending approval of a 28E Intergovernmental Agreement between
the City of Dubuque and the City of East Dubuque, Illinois for bus service.
Suggested Disposition: Receive and File; Approve
th
NOTE: Material for this Agenda Item will be delivered on Friday, April 17.
20. Every Child/Every Promise Quarterly Report
Mae Hingtgen submitting the Every Child / Every Promise Quarterly Report.
Suggested Disposition: Receive and File
Community Partner
Quarterly Report
21. Iowa Department of Natural Resources
Communication from the Iowa Department of Natural Resources regarding the Dubuque
Wastewater Treatment Plant Facility inspection.
Suggested Disposition: Receive and File
IDNR Ltr
22. Neighborhood Stabilization Program
Communication from Michael Tramontina, Iowa Department of Economic Development,
advising that the City of Dubuque has been awarded a grant in the amount of
$444,328.00 for the Neighborhood Stabilization Program.
Suggested Disposition: Receive and File
IDED Letter
23. PEG Capital Grant Expenditure Request
City Manager recommending approval of a request from Wahlert High School and
Mediacom for funding from the Capital Grant for Access Equipment and Facilities.
Suggested Disposition: Receive and File; Approve
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PEG - Staff MemoWahlert ApplicationMediacom Application
PEG - MVM Memo
24. Fiscal Year 2010 Community Development Block Grant Program
City Manager recommending approval of the publication of a Notice of Intent to Request
Release of Funds for Community Development Block Grant (CDBG) program activities.
RESOLUTION
Authorizing publication of a Notice of Intent to Request Release of
Funds for certain Community Development Block Grant Projects for Fiscal Year 2010
(Program Year 2009)
Suggested Disposition: Receive and File; Adopt Resolution
CDBG - MVM MemoCDBG - Staff MemoCDBG - ResolutionCDBG - Exhibit A
25. Iowa Department of Transportation
Communication from the Iowa Department of Transportation (IDOT) advising that they
propose to let a deck joint repair project on U.S. 61, U.S. 151, U.S. 52, ICE Railroad
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and 9 Street.
Suggested Disposition: Receive and File
IDOT Letter
26. Legislative Correspondence
City Manager communication to local legislators regarding the proposed amendments to
Chapter 411 and urging that this legislation not be enacted.
Suggested Disposition: Receive and File
Legislative Ltr
27. Friends of the Mines of Spain
Communication from Douglas Olk, Friends of the Mines of Spain, requesting that the
City consider making a $125,000 commitment toward the building project at the E.B.
Lyons Interpretive Center.
Suggested Disposition: Receive and File; Refer to City Manager
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Mines of Spain Ltr
28. Mystique Casino – Fireworks Display
Communication from Jesús Aviles requesting approval to use City property for a
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fireworks display on June 6, 2009 in celebration of the 25 anniversary of racing at
Dubuque Greyhound Park.
Suggested Disposition: Receive and File; Approve
Mystique Casino Ltr
29. Amendment to Development Agreement – Dubuque Initiatives
City Manager recommending approval of an amendment to the Development
Agreement with Dubuque Initiatives to facilitate the use of new market and historic tax
credits in connection with the redevelopment of the Roshek Building
RESOLUTION
Approving an amendment to the Development Agreement between the
City of Dubuque, Iowa and Dubuque Initiatives
Suggested Disposition: Receive and File; Adopt Resolution
Amendment - MVM Amendment - BAL Amendment - Amendment to Dev
MemoMemoResolutionAgreement
30. Internal Revenue Service Audit
City Manager transmitting information about the January 21, 2009 IRS Audit.
Suggested Disposition: Receive and File
IRS Audit - Staff IRS Audit Report
IRS Audit - MVM
Memo
Memo
31. Riverwalk Ninth Addition – Plat of Survey
Zoning Advisory Commission recommending approval of the Plat of Survey of the
Riverwalk Ninth Addition.
RESOLUTION
Approving the Plat of Survey of Riverwalk Ninth Addition
Suggested Disposition: Receive and File; Adopt Resolution
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Riverwalk - ZAC LtrRiverwalk - Riverwalk - Riverwalk - Vicinity Riverwalk - Plat of Riverwalk - Staff
ResolutionApplicationMapSurveyMemo
32. National Preservation Month Photographs
Communication from the Historic Preservation Commission requesting each City
Council Member to pose for a picture in front of their favorite historic building or site in
Dubuque.
Suggested Disposition: Receive and File
Photographs - HPC Ken Kringle Award
LtrList
33. Federal Emergency Management Agency
Notification from the U.S. Department of Homeland Security’s Federal Emergency
Management Agency (FEMA) announcing that the City of Dubuque will receive
$1,435,688 for the North Fork Catfish Creek Project.
Suggested Disposition: Receive and File
FEMA Notice
34. Letter of Support for Silos and Smokestacks Grant Application
City Manager recommending approval of City support of a Friends of the Mines of Spain
State Recreation Area grant application to the Silos and Smokestacks National Heritage
Area.
Suggested Disposition: Receive and File; Approve
Grant - MVM MemoGrant - Staff MemoGrant - Ltr of
Support
35. Contracts Signed by the City Manager
-- Mediacom Commercial Service Agreement
Suggested Disposition: Receive and File
Mediacom
Agreement
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36. Liquor License Applications
City Manager recommending approval of annual liquor license renewals as submitted.
RESOLUTION
Granting the issuance of a Class “B” Beer Permit to Panchero’s and a
Class “C” Beer Permit to Tobacco Outlet #542, Ron’s Discount Smokes, and Hartig
Drug Company
RESOLUTION
Granting the issuance of a Class “A” (Club) Liquor License to DBQ
Lodge #355; Class “C” Beer/Liquor License to Loras College, West Dubuque Tap, Lot
One, The Hub, Knights of Columbus #510, Whiskey River, and Sublime; a Special
Class “C” (BW) Liquor License (5-Day Special Event) to Dubuque Jaycees; a Class “B”
Wine Permit to Hartig Drug Company; and a Class “B” Native Wine Permit to Flowers
on Main
Suggested Disposition: Receive and File; Adopt Resolutions
Renewals - MVM Renewals - Staff Resolution #1Resolution #2
MemoMemo
ITEMS TO BE SET FOR PUBLIC HEARING
These agenda items are being scheduled for a future public hearing on the date
indicated.
1. Kephart Building Roofing Project
City Manager recommending initiation of the public bidding process for the Kephart
Building Roofing Project and that a public hearing be set for May 4, 2009.
RESOLUTION
Preliminary approval of plans, specifications, form of contract, and
estimated cost; setting date of public hearing on plans, specifications, form of contract,
and estimated cost; and ordering the advertisement for bids for the Kephart Building
Roofing Project
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
5/4/09
Kephart Bldg - Staff Kephart Bldg -
Kephart Bldg - MVM
MemoResolution
Memo
2. Fiscal Year 2009 Second Budget Amendment
City Manager recommending that a public hearing be set for May 4, 2009 to consider
approval of the Second Amendment to the Fiscal Year 2009 Budget.
RESOLUTION
Setting the date for the public hearing on Amendment No. 2 to the
Fiscal Year 2009 Budget for the City of Dubuque
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Suggested Disposition: Receive and File; Adopt Resolution
Amendment - MVM Amendment - Staff Amendment - Amendment #2
MemoMemoResolutionDetail
PUBLIC HEARINGS
Citizens are invited to address the City Council regarding the following agenda items.
Please come to the podium and state your name and address when the item you wish to
speak to is being considered.
SUSPEND THE RULES
1. Applewood Senior Housing Planning Unit Development District
Proof of publication on notice of hearing to consider a request from Dan Fitzgerald,
Horizon Development Group, to amend the Applewood Senior Housing Planned Unit
Development District by rezoning 1.7 acres from R-1 Single Family Residential District
to PUD Planned Unit Development District to allow construction of a three-story, 43-unit
senior apartment residence and Zoning Advisory Commission recommending approval,
with conditions.
ORDINANCE
Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying property located at the 3225 Pennsylvania Avenue
from R-1 Single-Family Residential District to PUD Planned Unit Development District
with a PR Planned Residential District Designation, and adopting a Conceptual
Development Plan for Applewood Senior Housing Phase 3
Suggested Disposition: Receive and File; Motion B; Motion A
Applewood - ZAC LtrApplewood - Applewood - Applewood - Vicinity Applewood - PhotosApplewood -
OrdinanceApplicationMapDrawings
Applewood - Staff Applewood - Aerial Objection Ltr and
Suggested Motion
ReportViewE-Mails
2. Hillcrest Family Services ID Institutional District
Proof of publication on notice of hearing to consider a request from Gary Gansemer,
Hillcrest Family Services, to amend the Hillcrest Family Services ID Institutional District
to permit the continued use of a portable classroom and Zoning Advisory Commission
recommending approval.
ORDINANCE
Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by repealing Section 2(D)(2) of Ordinance No. 18-03, and enacting
a new section 2(D)(2) in lieu thereof pertaining to the time limit for use of portable
classrooms at Hillcrest Family Services
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Suggested Disposition: Receive and File; Motion B; Motion A
Hillcrest - ZAC LtrHillcrest - OrdinanceHillcrest - ApplicationHillcrest LtrHillcrest - Vicinity
Map
Hillcrest - Staff MemoZAC 6/7/00 & 3/5/03 Hillcrest - Aerial View
Suggested Motion
Minutes
3. Louise Lane Bridge Reconstruction Project
Proof of publication on notice of hearing to consider the plans, specifications, form of
contract, and estimated cost for the Louise Lane Bridge Reconstruction Project and City
Manager recommending approval.
RESOLUTION
Approving plans, specifications, form of contract, and estimated cost for
the Louise Lane Bridge Reconstruction Project
Suggested Disposition: Receive and File; Adopt Resolution
Louise Lane - MVM Louise Lane - Staff Louise Lane -
MemoMemoResolution
Material from April 6, 2009 City Council Meeting
Louise Lane - MVM Louise Lane - Staff Louise Lane -
MemoMemoResolution
REINSTATE THE RULES
This action limits discussion to the City Council.
ACTION ITEMS
These are items where discussion is held by the City Council – public comments are not
allowed except as authorized by the Mayor.
1. Request to Address Council
Communication from Terry Driskell, Human Rights Commission, to introduce himself to
the City Council.
Suggested Disposition: Receive and File
Driskell Ltr
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2. Tri-State Trail Vision
Communication from the Tri-State Trail Vision Board of Directors requesting to address
the City Council regarding the East – West Corridor Study.
Suggested Disposition: Receive and File; Council
Tri-State Trail Ltr
3. Historic Preservation Commission
Communication from the Historic Preservation Commission recommending approval of
a request from the Four Mounds Foundation for Historic District Public Improvement
Project funds to assist with a portion of the architectural fees to design and site a visitor
station at Four Mounds.
Suggested Disposition: Receive and File; Approve
HDPIP - ApplicationHDPIP - Staff ReportHDPIP Status ReportHDPIP - Program
HDPIP - HPC Ltr
Guidelines
Visitor Station Photos
4. North Fork Trails – Final Plat
City Manager recommending approval of the final plat of North Fork Trails.
RESOLUTION
Authorizing approval of the final plat of North Fork Trails in the City of
Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
Final Plat - Staff Final Plat - Final Plat - Vicinity North Fork - Final Final Plat - Staff
Final Plat - MVM
MemoApplicationMapPlatReport
Memo
Final Plat -
Resolution
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5. Project HOPE Logo
City Manager recommending approval of the proposed Project HOPE Logo.
Suggested Disposition: Receive and File; Approve
Project HOPE Logo
Project HOPE - MVM Project HOPE - Staff
MemoMemo
nd
6. West 32 Street Detention Basin Public Access
nd
City Manager recommending approval of changes to the West 32 Street Detention
Basin Project to provide limited citizen access to the area and adding signs to provide
information about the purpose of the basin and how it is designed to function.
Suggested Disposition: Receive and File; Approve
Basin - MVM MemoBasin - Staff MemoBasin - Attachment Basin - Attachment Basin - Attachment Basin - Attachment
#1#2#3#4
Basin - Attachment
#5
7. Alcohol and Tobacco Violations
City Manager recommending approval of changes to Chapter 5 of the Code of
Ordinances regarding alcohol and tobacco violations to be in compliance with the State
Code.
ORDINANCE
Amending the City of Dubuque Code of Ordinances Section 5-3
Prohibited Sales and Acts by adding a provision which prohibits the sale or supplying of
alcohol to individuals without exercising reasonable care to ensure the alcohol is not
provided to those under the legal age
ORDINANCE
Amending the City of Dubuque Code of Ordinances Chapter 33 by adding
Section 33-18 Persons under Legal Age which prohibits the sale or supplying of tobacco
products to persons under eighteen (18) years of age and 33-18A Penalty which
provides a fine for such violations
ORDINANCE
Amending Chapter 32 of the City of Dubuque Code of Ordinances by
adding Section 32-321.284 Open Containers In Motor Vehicles – Drivers And Section
32-321.284A Open Containers In Motor Vehicles - Passengers which prohibit the driver
or passenger of a motor vehicle upon a public street from possessing an unsealed
receptacle containing alcoholic beverages
Suggested Disposition: Receive and File; Motion B; Motion A
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Violations - MVM Violations - Staff Ordinance #1Ordinance #2Ordinance #3Suggested Motion
MemoMemo
8. Operation without Registration and Driver’s License Ordinance
City Manager recommending approval of modifications to the City Code of Ordinances
related to Operation without Registration and Driver’s License to correspond with the
State Code numbering pattern.
ORDINANCE
Amending the City of Dubuque Code of Ordinances Section 32-321.98
Operation Without Registration and 32-321.174A Operator's License – Operation Of
Commercial Motor Vehicles by adding provisions which prohibit an individual from
operating a vehicle without registration within the City of Dubuque
Suggested Disposition: Receive and File; Motion B; Motion A
Ordinance - MVM Ordinances - Staff OrdinanceSuggested Motion
MemoMemo
9. Sidewalk Installation Program
City Manager recommending approval of an amendment to the Sidewalk Installation
Ordinance to change the effective date and other minor modifications.
ORDINANCE
Amending Chapter 41, Streets, Sidewalks and Public Places, of the City
of Dubuque Code of Ordinances by changing Subsection (a) and (b) and adding a new
Subsection 41-100(c) authorizing City Manager to review appeals
Suggested Disposition: Receive and File; Motion B; Motion A
Sidewalk - MVM Sidewalk - Staff Sidewalk - Ordinance
Suggested Motion
MemoMemo
COUNCIL MEMBER REPORTS
PUBLIC INPUT
At this time, anyone in the Council Chambers may address the Council on matters which are of
concern to that person and which are not an agenda item. Please take your place at the
microphone and state your name and address clearly. Proceed with your comments; however,
no formal action may be taken at this time on your comments because of the notice
requirements of the Iowa Open Meetings Law.
CLOSED SESSION
Pending Litigation and Property Acquisition – Chapter 21.5(1)(c)(j) 2007 Code of Iowa
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