6 1 09 Clerk's Skeleton Notes and Meeting CallTO: JEANNE F. SCHN I®E
CITY CLERK
YOU ARE HEREBY ®IRECTE® TO CALL THE REGULAR SESSION OF THE
CITY COUNCIL TO BE HEL® ON MON®AY, JUNE 1, 2009, AT 6:30 P.M., IN THE
HISTORIC FE®ERAL BOIL®ING TO ACT UPON SUCH BUSINESS THAT MAY
PROPERLY COME BEFORE THE COUNCIL.
Consent Agenda is on pages 1 through 6.
ASSISTANT CITY MANAGER S~TEINHAUS R; CITY ATTORN Y'LINDAHL
ASSENT:
PLEDGE OF ALLEGIANCE
INVOCATION: Deacon Jim Thill, Holy Spirit Pastorate
PROCLAMATION:
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Apples for Students Months (June, July and August, 2009) ~:f ,-~
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CNSTIT
Ayes Nays
f. ,~ Resnick
.A `~Uoetberg
~z..
~_r ~..~ Braig
E~
,.,.;Connors
.~ ``~ Tones
~~~`~ ~p`Lynch
1. iVlinutes 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 ®isposition: Receive and File
2. Notice of Claims/Suits
Richard and Mary Rokusek for vehicle damage; Angela Oberfoell for vehicle damage
Suggested ®isposition: 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 ®isposition: Receive and File; Concur
3. Fiscal Year 2009 Community ®evelopment Block Grant (C®BG) 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.
RES®LUTI®N ~ ~ Approving the Fiscal Year 2009 Annual Action Plan
(Consolidated Plan 2008) -Amendment 5 for Community Development Block Grant
Recovery Funds
Suggested ®isposition: Receive and File; Adopt Resolution
2
4. Civil Service Commission
Civil Service Commission submitting the certified list for the position of Firefighter.
Suggested ®isposition: Receive and File; Make a Matter of Record
U.S. Housing and Urban ®evelopment
Communication from Nelson Bregon, General Deputy Assistant Secretary for HUD,
advising the City of funding allocations for the Community Development Block Grant
Program.
Suggested ®isposition: Receive and File
6. Collateral Assignment of the ®evelopment Agreement - ®ubuque 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 ®isposition: Receive and File; Adopt Resolution
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 ®isposition: Receive and File; Adopt Resolution
Ayes Nays
Resnick
Voetberg
Braig
Buol
Connors
Jones
Lynch
3
8. Tanglewood Subdivision ®Final Plat
City Manager recommending approval of the final plat of Tanglewood Subdivision
subject to waivers and conditions.
RES®LUTI®N ~`~,,~~~. Approving final plat of Tanglewood Subdivision in
Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
9. Locust Street Sidewalk and Traffic Signal Installation - 8t" to 12t" Street Project
City Manager recommending award of the Locust Street Sidewalk and Traffic Signal
Installation - 8th to 12th Street Project to McDermott Excavating in the amount of
$384,925.39.
RES®LUTI®N ~~g Awarding public improvement contract for the Locust
Street Sidewalk and Traffic Signal Installation - 8t" to 12th Street Project
Suggested Disposition: Receive and File; Adopt Resolution
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
Jones
Lynch
4
11. Grass and Weed Cutting Assessmen
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 ®isposition: Receive and File; Adopt Resolution
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 ®isposition: Receive and File; Adopt Resolutions
Jones
Lynch
5
13. 2008/2009 Snow emoval Assessment -Right of Way Obstruction emoval
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 ®isposition: Receive and File; Adopt Resolutions
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 ,r``.,.:~ 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 CoAun~ty 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 ®isposition: Receive and File; Adopt Resolutions
Lynch
6
1 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
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
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
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
1~. 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
Jones
Lynch
7
19. ~lediacom
Communication from Lee Grassley, Mediacom Senior Manager, announcing the
launching of additional channels on the digital broadcast basic lineup.
Suggested ®isposition: Receive and File
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.
~pr ,~~;.
RESOLUTION ,,~"~,°',~' Approving the acquisition of real estate located at
2655 Shiras Avenue, Dubuque, Iowa
Suggested ®isposition: Receive and File; Adopt Resolution
21. Authorized ®epository 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 ®isposition: Receive and File; Adopt Resolution
22. Eco-Transit TIGGER Grant Submission
City Manager recommending approval of the submission of a $3,471,086 grant
application for the Federal Transit Administration's Transit Investments for Greenhouse
Gas and energy reduction (TIGGER) Program in partnership with ECIA's Regional
Transit Authority.
Suggested ®isposition: Receive and File; Approve
Jones
Lynch
8
23. Liquor License Applications
City Manager recommending approval of annual liquor license renewals as submitted.
f~.
R SOLUTION ,~"~~'` Granting the issuance of one license to sell cigarettes
and cigarette papers to Walgreen Company
RESOLUTION ~,~'' ~~°~--A' Granting the issuance of a Class "C" Beer Permit to
Beecher Beverage
~' %;;
RESOLUTION ~-~ .,r 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
24. Purchase of Service Agreement ®Burlington Trailways
City Manager recommending approval of a revised Purchase of Service Agreement with
Burlington Trailways which extends the length of the agreement from one year to five
years.
Suggested Disposition: Receive and File; Approve
25. "Diverse Dubuque: A Focus on National Origin"
Press release advising that the locally produced video entitled "Diverse Dubuque: A
Focus on National Origin" has received the Iowa Motion Picture Association Award of
Excellence in the Corporate and Community Marketing category at the Annual IMPA
Awards Ceremony in Des Moines.
Suggested Disposition: Receive and File; Approve
Jones
Lynch
9
IT MS TO E SET FOR PU LIC HEARING
These agenda items are being scheduled for a future public hearing on the date
indicated.
Ayes Nays
°~' Resnick
f`` Voetberg
Braig
~--~ Connors
~' . ~ . S~Jones
~` Lynch
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 4 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
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
10
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.
,;
RES®Llll°I®N _~~ 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
4. National Mississippi River Museum and Aquarium River Center Project -Phase II
City Manager recommending initiation of the public bidding process for the National
Mississippi River Museum and Aquarium River Center Project -Phase II and that a
public hearing be set for June 15, 2009.
,~~,f ,.~
RES®LUTI®N ~-~ ,~°` 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 Wearing
6/15/09
Ayes Nays
Resnick
Voetberg
Kraig
Ruol
Connors
Jones
Lynch
11
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BA /C®MMISSIS
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: ~.
Ellen Henkels, 890 W. 3~d 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) d~
Julie Steffen, 2260 Coates Street (qualifies for at-large or business professional within
district) -~~ - ~'
Peggy Stover, 1145r~ocust 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 Appaa/s 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
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) ~' `"`E~
Shayne Henry, 160 Devon Drive (qualifies for at-large or interim) Also applying for Park
and Recreation Advisory Commission ~s ; ,~'_
Michael Knight, 942 Mt. Pleasant Street (qualifies for at-large or interim) .
Mary Loney Bichell, 595 W. 11t" Street (qualifies for at-large or interim) ,'fig
Peggy Stover, 1145 Locust Street (qualifies for at-large or interim) Also applying for Arts
and Cultural Affairs Advisory Commission ,° ~ , ,~
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12
Housing Code Appeals Roard
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 ®versight Advisory Commission
Two 3-year terms through July 1, 2012 (Terms of Lassance and Melendez)
Applicants: ~ '
Brad Chalmers, 1095 W. 3rd 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
Par6c and Recreation Advisory Commission
One 3-year term through June 30, 2012 (Terms of Duggan)
Applicants: n~~, ~~~
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
`fV 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
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 F. ;
Charles Miller, 7010 Asbury Road ~-
Ferd Nesler, 4125 Mt. Alpine Street
13
PUBLIC FI ARINGS
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.
SUSPEN® THE RULES
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Ayes Nays
t ~, Resnick
,~~ Voetberg
~~' Braig
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~° ,. Connors
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~; Lynch
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1. Green Alley Pilot Project -Alley between Jackson and White Streets from 11t" to
13t" 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
Jackson and White Streets from 11t" to 13t" Streets and City Manager recommending
approval.
RESOLUTION ,~'r~"`'z=~ Approval of plans, specifications, form of contract, and
estimated cost for the Green Alley Pilot Project (11th - 13t" between White and Jackson
Streets) k`~'"i
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RESOLUTION ~°° ~ ~ With respect to the adoption of the Resolution of ~ ~,~
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Necessity proposed for the Green Alley Pilot Project (11t" - 13t" between White and n ' ~~
Jackson Streets) ~jJ~.,
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RESOLUTION ~` ~~~' Approving Schedule of Assessment and estimate of , 1;- '"
total cost for the Green Alley Pilot Project (11th - 13t" between White and Jackson , `
Streets) ~~` ~ ~;~~rl.-
Suggested ®isposition: Receive and File; Adopt Resolutions
Ayes Nays
Resnick
~~ Voetberg
~~ ' Eraig
~~ ,Connors
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2. Trolley Line Trail ® ale 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 ®isposition: Receive and File; Adopt Resolution
Ayes Nays
~~ ~ Resnick
~ .I ,.
,3Voetberg
Craig
~`~~ ~-z ~ Co n n ors
,~ ~~`Jones
~~ Lynch
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 ®isposition: Receive and File; Adopt Resolution
Ayes Nays
d~° Resnick
,~° Voetberg
~' ~ ` `~raig
k_ ~~
,~~` , Connors
. `~ Jones
.~ ~{ ~~ iLynch
15
REINSTATE THE RULES
This action limits discussion to the City Council. ~`~'~
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Ayes Nays
~'~ Resnick
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•~ Voetberg
Braig
,~~ .Connors
,~~~ %t'Jones
~ ~ ~ ;' Lynch
ACTT®N ITEIViS
These are items where discussion is held by the City Council -public comments are not
allowed except as authorized by the 11~ayor.
1. Police Department Towing Contract
City Manager recommending award of the Fiscal Year 2010/2012 City of Dubuque Tow ~,,,
Contract to Wenzel Towing. yy ~ ~~~"
Suggested Disposition: Receive and File; Approve ~ ~i:F
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Ayes Nays ~ ,~ ~ ~ d ~ ~{
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2. Urban ®eveloprnent Action Grant (lJ®AG) Loan Areer~nent ®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.
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Suggested ®isposition: Receive and File; Approve ~ 9 ~ 1' ~~ ~ I ~~,, I lkk r,~ ,3
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3. Municipal Flou'sing 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.
OR®INANCE L-:~ Amending City of Dubuque Code of Ordinances,
Chapter 15, Community Development, by repealing Section 15-11 Municipal Housing
Agency
Suggested ®isposition: Receive and File; Motion ;Motion A
Ayes Nays
~,~~~ Resnick
:Voetberg
:,Braig
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Connors
`r~<` . Jones
,~~ Lynch
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4. Pet Park
Request of City Council Member Ric Jones to schedule a worksession regarding thee' „~;-`f
community's dog park. ~ f ~ ~°` ~
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Suggested isposition: Receive and File; Council , , ;
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COUNCIL MEMBER REPORTS
PUBLIC INPUT
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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.
~--~ ;
Motion to adjourn at ,~
Ayes
' Resnick
~.~~ ~ !'f` Voetberg
v~' Braig
u°ol
rv ~. Connors
~" Jones
~` Lynch
Nays
18