6 1 09 City Council Agenda with Icons
ROLL CALL ORDER
FOR MEETING OF
6/1/09
RESNICK
VOETBERG
BRAIG
BUOL
CONNORS
JONES
LYNCH
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
6:30 P.M.
HISTORIC FEDERAL BUILDING
MONDAY, JUNE 1, 2009
PLEDGE OF ALLEGIANCE
INVOCATION
Deacon Jim Thill, Holy Spirit Pastorate
PROCLAMATION
Apples for Students Months (June, July and August, 2009)
Apples for Students
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
Arts and Cultural Affairs Advisory Commission of 4/28; City Council of 5/18 and 5/27;
Housing Commission of 3/24; Zoning Advisory Commission of 5/6
Proofs of publication of City Council Proceedings of May 4 and 11, 2009
Suggested Disposition: Receive and File
Arts & Cultural City Council of 5/18City Council of 5/27Housing CommissionZoning Advisory
AffairsCommission
2. Notice of Claims/Suits
Richard and Mary Rokusek for vehicle damage; Angela Oberfoell for vehicle damage
Suggested Disposition: Receive and File; Refer to City Attorney
City Attorney recommending denial of the following claims: Larry A. Vogt for vehicle
damage, Lakesha Wheeler for property damage and Garrett Waterproofing for
reimbursement of towing charges.
Suggested Disposition: Receive and File; Concur
Claims - Denied
3. Fiscal Year 2009 Community Development Block Grant (CDBG) Annual Action
Plan
City Manager recommending approval of an amendment to the Fiscal Year 2009
Community Development Block Grant Annual Action Plan for CDBG Recovery Funding
from the U.S. Department of Housing and Urban Development.
RESOLUTION
Approving the Fiscal Year 2009 Annual Action Plan (Consolidated Plan
2008) – Amendment 5 for Community Development Block Grant Recovery Funds
Suggested Disposition: Receive and File; Adopt Resolution
CDBG - MVM MemoCDBG - Staff MemoCDBG - ResolutionCDBG - Amendment CDBG-R ChecklistCDBG-R - Activity
#5Data
CDBG-R -
Certifications
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4. Civil Service Commission
Civil Service Commission submitting the certified list for the position of Firefighter.
Suggested Disposition: Receive and File; Make a Matter of Record
Firefighter Ltr
5. U.S. Housing and Urban Development
Communication from Nelson Bregon, General Deputy Assistant Secretary for HUD,
advising the City of funding allocations for the Community Development Block Grant
Program.
Suggested Disposition: Receive and File
HUD Ltr
6. Collateral Assignment of the Development Agreement – Dubuque Initiatives
City Manager recommending approval of a Collateral Assignment of the Development
Agreement between the City of Dubuque, Iowa and Dubuque Initiatives.
RESOLUTION
Consenting to a Collateral Assignment of the Development
Agreement between the City of Dubuque, Iowa and Dubuque Initiatives
Suggested Disposition: Receive and File; Adopt Resolution
Assignment - MVM Assignment - BAL Assignment - Collateral
MemoMemoResolutionAssignment
7. Neighborhood Stabilization Program (NSP)
City Manager recommending approval of the publication of a Notice of Intent to Request
Release of Funds for the Neighborhood Stabilization Program (NSP).
RESOLUTION
Authorizing publication of a Notice of Intent to request release of funds
for the Neighborhood Stabilization Program
Suggested Disposition: Receive and File; Adopt Resolution
NSP - Staff MemoNSP - ResolutionNSP - Env Review
NSP - MVM Memo
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8. Tanglewood Subdivision – Final Plat
City Manager recommending approval of the final plat of Tanglewood Subdivision
subject to waivers and conditions.
RESOLUTION
Approving final plat of Tanglewood Subdivision in Dubuque County,
Iowa
Suggested Disposition: Receive and File; Adopt Resolution
Tanglewood - MVM Tanglewood - Staff Tanglewood - Tangelwood - Vicinity Tangelwood - Tangelwood - Staff
MemoMemoApplicationMapResolutionReport
Tanglewood - MapTangelwood - Plat
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9. Locust Street Sidewalk and Traffic Signal Installation – 8 to 12 Street Project
City Manager recommending award of the Locust Street Sidewalk and Traffic Signal
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Installation – 8 to 12 Street Project to McDermott Excavating in the amount of
$384,925.39.
RESOLUTION
Awarding public improvement contract for the Locust Street Sidewalk
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and Traffic Signal Installation – 8 to 12 Street Project
Suggested Disposition: Receive and File; Adopt Resolution
Locust St - IIW Ltr
Locust St - MVM Locust St - Staff Locust St - Locust St - Bid Tab
MemoMemoResolution
10. Request for Proposals – Historic Millwork District Streetscape Improvements
City Manager recommending approval to issue a Request for Proposals for the
Streetscape Improvements Addendum to the Millwork District Streets and Utility
Improvements Project to have these projects better coordinated by using one vendor.
Suggested Disposition: Receive and File; Approve
RFP - MVM MemoRFP - Staff MemoRFP Addendum
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11. Grass and Weed Cutting Assessments
City Manager recommending approval to certify grass and weed cutting charges to the
Dubuque County Treasurer in order to establish real property liens for collection of such
charges.
RESOLUTION
Adopting the schedule of assessments for grass cutting charges
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
Suggested Disposition: Receive and File; Adopt Resolution
Weeds Cutting - Weed Cutting - Weed Cutting -
Weed Cutting - MVM
Staff MemoResolutionAssessments
Memo
12. Vacant and Abandoned Buildings and Problem Property Assessments
City Manager recommending approval of vacant and abandoned building and problem
property assessments.
RESOLUTION
Adopting the Schedule of Assessments for vacant and abandoned
building and problem property charges 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.
RESOLUTION
Authorizing the City to collect delinquent vacant and abandoned building
and problem property charges in accordance with Section 26-3(b)(1)h; Section 26-
4(b)(3) and Section 26-6(b) of the Code of Ordinances of the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolutions
Buildings - Staff Buildings - Buildings -
Buildings - MVM
MemoResolutionsAssessments
Memo
13. 2008/2009 Snow Removal Assessments – Right of Way Obstruction Removal
City Manager recommending approval of the final assessment schedule for the
2008/2009 Snow Removal and Right-of-Way Obstruction Removal Assessment Project
in the amount of $4,277.
RESOLUTION
Adopting the final Assessment Schedule for the Snow Removal
Assessment – Right-of-Way Obstruction Removal Assessment Project
Suggested Disposition: Receive and File; Adopt Resolutions
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Snow Removal - MVM Snow Removal - Snow Removal - Snow Removal -
MemoStaff MemoResolutionAssessments
14. Snow and Ice Removal Assessments
City Manager recommending certification of snow and ice removal charges to the
Dubuque County Treasurer in order to establish real property liens for collection of such
charges.
RESOLUTION
Adopting the Schedule of Assessments for snow and ice removal
charges 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.
RESOLUTION
Authorizing the City to collect delinquent snow and ice removal charges
in accordance with Section 364.12.2.b of the State of Iowa Code; Section 41.86,
Section 26-4.(b)(3) & Section 26-6.(b) of the Code of Ordinances of the City of
Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolutions
Snow and Ice - Staff Snow and Ice - Snow and Ice -
Snow and Ice - MVM
MemoResolutionsAssessments
Memo
15. Legislative Correspondence
City Manager submitting correspondence to Senator Tom Harkin regarding the U.S.
Corps of Engineers’ plan to further research the flexibility of installing hydroelectric
power generation equipment on the auxiliary lock at Lock and Dam #11 in Dubuque and
their partnership with Hydro Green Energy.
Communication from Mayor Roy Buol to Senator Tom Harkin urging support for full
funding of the Energy Efficiency and Conservation Block Grant (EECBG) program and
letter of support from the U.S. Conference of Mayors.
Suggested Disposition: Receive and File
Senator Harkin - EECBG - Mayor LtrConference of
LetterMayors Ltr
16. Alcohol Compliance – Civil Penalty for Alcohol License Holders
City Manager recommending approval of the Acknowledgement/Settlement Agreements
for a first offense alcohol compliance violation for Tony’s Place, Yen Ching Restaurant,
Hi Ho Mongolian Grill, and Bricktown Brewery, and the second offense alcohol
compliance violation for The Lounge, and it is further requested that the City Council
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accept and approve the first offense civil penalty payment from Courtside Sports Bar &
Grill, Phillips 66 (Arby’s), and AWN Stop Mart #2 when payment is received.
Suggested Disposition: Receive and File; Approve
Alcohol - MVM MemoAlcohol - Staff MemoAlcohol -
Acknowledgements
17. Tobacco Compliance – Civil Penalty for Tobacco License Holder
City Manager recommending approval of the Acknowledgement/Settlement Agreements
for a second offense tobacco compliance violation for Phillips 66 (Arby’s), and AWN
Stop Mart #2, and the first offense civil penalty violation for AWN Stop Mart.
Suggested Disposition: Receive and File; Approve
Tobacco - MVM Tobacco - Staff Tobacco -
MemoMemoAcknowledgements
18. Proudly Accessible Dubuque
Communication from Katrina Wilberding advising that the Historic Federal Building is
the newest Proudly Accessible Dubuque business.
Suggested Disposition: Receive and File
Accessible Dubuque
Ltr
19. Mediacom
Communication from Lee Grassley, Mediacom Senior Manager, announcing the
launching of additional channels on the digital broadcast basic lineup.
Suggested Disposition: Receive and File
Mediacom Ltr
20. Purchase of Property – 2655 Shiras Avenue
City Manager recommending acceptance of the deed to property located at 2655 Shiras
Avenue for the entrance to Eagle Point Park.
RESOLUTION
Approving the acquisition of real estate located at 2655 Shiras Avenue,
Dubuque, Iowa
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Suggested Disposition: Receive and File; Adopt Resolution
Offer to Buy Real Purchase - Warranty
Purchase - MVM Purchase - Staff Purchase -
EstateDeed
MemoMemoResolution
21. Authorized Depository Institutions
City Manager recommending approval of a depository resolution for BBVA Compass,
Irving, Texas, in relation to the deposits for dog and cat licenses by PetData, Inc.
RESOLUTION
Naming Depositories
Suggested Disposition: Receive and File; Adopt Resolution
Institutions - MVM Institutions - Staff Institutions -
MemoMemoResolution
22. Eco-Transit TIGGER Grant Submission
City Manager recommending approval of the submittal of a $3,471,086 grant application
for the FTA Transit Investments for Greenhouse Gas and Energy Reduction (TIGGER)
Program to implement the proposed Eco-Transit model.
Suggested Disposition: Receive and File; Approve
Eco-Transit - MVM Eco-Transit - Staff
MemoMemo
23. Liquor License Applications
City Manager recommending approval of annual liquor license renewals as submitted.
RESOLUTION
Granting the issuance of one license to sell cigarettes and cigarette
papers to Walgreen Company
RESOLUTION
Granting the issuance of a Class “C” Beer Permit to Beecher Beverage
RESOLUTION
Granting the issuance of a Class “B” Liquor License (Hotel/Motel) to
Days Inn and Spirits; a Class “C” Beer/Liquor License to L. May and Hi Ho Mongolian
Grill; a Special Class “C” Liquor License to Monks Kaffee Pub; a Class “WBN” (Native
Wine) to Hancock House Bed and Breakfast; and a Special Class “C” Liquor (Four 5-
Day Special Events) to Dubuque Jaycees
Suggested Disposition: Receive and File; Adopt Resolutions
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Renewals - Staff
Renewals - MVM Resolution #1Resolution #2Resolution #3
Memo
Memo
ITEMS TO BE SET FOR PUBLIC HEARING
These agenda items are being scheduled for a future public hearing on the date
indicated.
1. Urban Renewal Tax Increment Revenue Notes – 40 Main, LLC
City Manager recommending that a public hearing be set for June 15, 2009 to consider
the issuance of not to exceed $700,000 in Urban Renewal Tax Increment Revenue
Notes to support a mixed use redevelopment of the building at 40 Main Street by 40
Main, LLC.
RESOLUTION
Fixing date for a meeting on the proposition of the issuance of not to
exceed $700,000 Urban Renewal Tax Increment Revenue Notes of Dubuque, Iowa,
and providing for the publication of notice thereof
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
6/15/09
40 Main - Staff Memo40 Main - Resolution
40 Main - MVM Memo
2. North Fork Catfish Creek Sanitary Sewer Project – Phase II
City Manager recommending initiation of the public bidding process for the North Fork
Catfish Creek Stormwater and Sanitary Sewer Improvements Project – Phase II and
that a public hearing be set for June 15, 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
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
6/15/09
NF Phase II - MVM NF Phase II - Staff NF Phase II -
MemoMemoResolution
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3. Dubuque Industrial Center West – North Siegert Farm Phase III Project
City Manager recommending initiation of the public bidding process for the Dubuque
Industrial Center West – North Siegert Farm Phase III Project and that a public hearing
be set for June 15, 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
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
6/15/09
DICW - MVM MemoDICW - Staff MemoDICW - Resolution
BOARDS/COMMISSIONS
Applicants are invited to address the City Council regarding their desire to serve on the
following Boards/Commissions; applicant appointments will be made at the next City
Council meeting.
Arts and Cultural Affairs Advisory Commission
Three 3-year terms through June 30, 2012 (Terms of Henkels, Steffen, Shafer)
(1 at-large, 2 business/professionals of which one must live or work within the Cultural and
Entertainment District)
Applicants:
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Ellen Henkels, 890 W. 3 Street (qualifies for at-large or business professional)
Molly McDonough, 1787 Lawndale Street (qualifies for at-large or business
professional)
Geri Shafer, 1207 Adeline Street (qualifies for at-large or business professional)
Julie Steffen, 2260 Coates Street (qualifies for at-large or business professional within
district)
Peggy Stover, 1145 Locust Street (qualifies for at-large or business professional within
district)
Also applying for Historic Preservation Commission
Building Code Appeals Board
Three 3-year terms: 1 at-large through August 1, 2011, term of Jahns; 2 newly formed ADA
Representatives with terms determined by appointment date
Applicants:
Ryan Anglese, 2752 Carlton
Also applying for Housing Code Appeals Board and Zoning
Advisory Commission
Marla Cruise, 905 Rockdale Road (ADA representative)
Civic Center Commission
Two 3-year terms through June 29, 2012 (Terms of Fuller and Parks)
Applicants:
Cynthia Fuller, 960 Prince Phillip Drive
Bryce Parks, 2005 N. Main Street
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Historic Preservation Commission
Four 3-year terms through July 1, 2012 (3 at-large, 1 Cathedral Historic District resident or
interim; Terms of Bichell, Lundh, Olson, Knight/)
current interim
Applicants:
Christen Happ Olson, 1090 Grove Terrace (qualifies for at-large or interim)
Shayne Henry, 160 Devon Drive (qualifies for at-large or interim)
Also applying for Park
and Recreation Advisory Commission
Michael Knight, 942 Mt. Pleasant Street (qualifies for at-large or interim)
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Mary Loney Bichell, 595 W. 11 Street (qualifies for at-large or interim)
Peggy Stover, 1145 Locust Street (qualifies for at-large or interim)
Also applying for Arts
and Cultural Affairs Advisory Commission
Housing Code Appeals Board
One 3-year term through January 1, 2011 (Term of Moore)
Applicant:
Ryan Anglese, 2752 Carlton Avenue
Also applying for Building Code Appeals Board
and Zoning Advisory Commission
Investment Oversight Advisory Commission
Two 3-year terms through July 1, 2012 (Terms of Lassance and Melendez)
Applicants:
rd
Brad Chalmers, 1095 W. 3 Street
Paul Lassance, 4846 Embassy Court
Hiram Melendez, 1920 Shelby Street
Long Range Planning Advisory Commission
Two 3-year terms through July 1, 2012 (Terms of Darter and Stein)
Applicants:
Chad Darter, 2544 Matthew John Drive
Lou Oswald, 180 Nowata Street
Park and Recreation Advisory Commission
One 3-year term through June 30, 2012 (Term of Duggan)
Applicants:
Robert Blocker, 880 Kane Street
Charles Duggan, 2317 Beacon Hill Drive
Shayne Henry, 160 Devon Drive
Also applying for Historic Preservation Commission
David Schlueter, 3645 Crescent Ridge
TV Cable Regulatory Commission
One 3-year term through June 30, 2012 (Term of Ellis)
Applicant:
Charlie Ellis, 373 S. Grandview Avenue
TV Cable Community Teleprogramming Commission
Three 3-year terms through June 30, 2012 (Terms of Tigges, Vincent, and McDonough)
Applicants:
Jennifer Tigges, 4927 Wild Flower Drive
Alan Vincent, 1010 Dunham Drive
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Zoning Advisory Commission
Two 3-year terms through July 1, 2012 (Terms of Miller and Hardie)
Applicants:
Ryan Anglese, 2752 Carlton Avenue
Also applying for Building Code Appeals Board
and Housing Code Appeals Board
Stephen Hardie, 62 Fremont Avenue
Charles Miller, 7010 Asbury Road
Ferd Nesler, 4125 Mt. Alpine Street
Overview Sheet
Board & Comm ListArts ApplicationsBuilding Code Civic Center HPC Applications
ApplicationsApplications
Housing Code IOAC ApplicationsLong Range Planning Park and Rec Cable Regulatory Teleprogramming
ApplicationsApplicationsApplicationsApplicationsApplications
Zoning Applications
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
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1. Green Alley Pilot Project – Alley between Jackson and White Streets from 11 to
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13 Streets
Proof of publication on notice of public hearing to consider the plans, specifications,
form of contract and estimated cost for the Green Alley Pilot Project – Alley between
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Jackson and White Streets from 11 to 13 Streets and City Manager recommending
approval.
RESOLUTION
Approval of plans, specifications, form of contract, and estimated cost
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for the Green Alley Pilot Project (11 – 13 between White and Jackson Streets)
RESOLUTION
With respect to the adoption of the Resolution of Necessity proposed for
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the Green Alley Pilot Project (11 – 13 between White and Jackson Streets)
RESOLUTION
Approving Schedule of Assessment and estimate of total cost for the
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Green Alley Pilot Project (11 – 13 between White and Jackson Streets)
Suggested Disposition: Receive and File; Adopt Resolutions
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Green Alley - MVM Green Alley - Staff Green Alley - Preliminary
MemoMemoResolutionsAssessments
Material from May 18, 2009 City Council Meeting
Green Alley - MVM Green Alley - Staff Green Alley - Preliminary
MemoMemoResolutionsAssessments
2. Trolley Line Trail – Eagle Point Park Project
Proof of publication on notice of public hearing to consider the plans, specifications,
form of contract and estimated cost for the Trolley Line Trail – Eagle Point Park Project
and City Manager recommending approval.
RESOLUTION
Approval of plans, specifications, form of contract, and estimated cost
for the Eagle Point Trolley Line Trail Project
Suggested Disposition: Receive and File; Adopt Resolution
Trolley Line - MVM Trolley Line - Staff Trolley Line -
MemoMemoResolution
Material from May 18, 2009 City Council Meeting
Trolley Line - MVM Trolley Line - Staff Trolley Line -
MemoMemoResolution
3. North Fork Catfish Creek Sanitary Sewer Project – Phase I
Proof of publication on notice of public hearing to consider the plans, specifications,
form of contract, and estimated cost for the North Fork Catfish Creek Stormwater and
Sanitary Sewer Improvements Project – Phase I and City Manager recommending
approval.
RESOLUTION
Approval of plans, specifications, form of contract, and estimated cost
for the North Fork Catfish Creek Stormwater and Sanitary Sewer Improvements Project
– Phase I
Suggested Disposition: Receive and File; Adopt Resolution
NF Phase I - MVM NF Phase I - Staff NF Phase I -
MemoMemoResolution
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Material from May 18, 2009 City Council Meeting
NF Catfish - MVM NF Catfish - Staff NF Catfish -
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. Police Department Towing Contract
City Manager recommending award of the Fiscal Year 2010/2012 City of Dubuque Tow
Contract to Wenzel Towing.
Suggested Disposition: Receive and File; Approve
Tow Contract - MVM Tow Contract - Staff Tow Contract - Tow Contract -
MemoMemoCommittee MemoFY2010-2012
2. Urban Development Action Grant (UDAG) Loan Agreement – Genuine Genius
Solutions
City Manager recommending approval to amend the $40,000 Urban Development
Action Grant (UDAG) Loan Agreement with Genuine Genius Solutions, LLC to allow a
one year extension of the repayment of the loan.
Suggested Disposition: Receive and File; Approve
UDAG - MVM MemoUDAG - Staff MemoGenuine Genius Ltr
3. Municipal Housing Agency Governing Board
City Manager recommending approval of approval of an ordinance amending Chapter
15, Community Development of the City of Dubuque Code of Ordinances dissolving the
Municipal Housing Agency Governing Board.
ORDINANCE
Amending City of Dubuque Code of Ordinances, Chapter 15, Community
Development, by repealing Section 15-11 Municipal Housing Agency
Suggested Disposition: Receive and File; Motion B; Motion A
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Hsg Agency - MVM Hsg Agency - Staff Hsg Agency - Suggested Motion
MemoMemoOrdinance
4. Pet Park
Request of City Council Member Ric Jones to schedule a worksession regarding the
community’s dog park.
Suggested Disposition: Receive and File; Council
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.
Jeanne F. Schneider
May 28, 2009
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