4 21 03 Skeleton SheetCiTY COUNCIL REGULAR SESSION, APRIL 21, 2003
COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN THE LIBRARY AUDITORIUM
co o.s,
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CITY MANAGER MICHAEL vA/N/MILLIGEN; CORPORATION COUNSEL ~/RRY LINDAHL
ABSENT:
Mayor Duggan read the call and stated this is a regular session of the City Council
called for the purpose of discussing such matters which may properly come before the
City Council.
INVOCATION: Sister Paula Maloy, SVM
PROCLAMATIONS:
Commendation of Fire Rescue
Sexual Assault Awareness M°nth ~ ~'J
Arbor Day
CONSENT ITEMS
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Markham
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Minutes Submitted
City Council of 4/7; Civil Service Commiss;on of 3/11 and 3/27; Environmental
Stewardship Advisory Commission of 4/1; Five Flags Commission of 2/17; Housing
Commission of 3/25; Housing Commission Trust Fund of 3/25; Human Rights
Commission of 3/10; Zoning Advisory Commission of 3/5 and 4~2; Zoning Board of
Adjustment of 3~27
Proof of publication of City Council Proceedings of 3/17
Finance Director submitting the Financial Reports for the month ending March 31, 2003.
Suggested Disposition: Receive and File
Notice of Claims/Suits
Holy Ghost Padsh Credit Union for property damage; Progressive Concrete Systems
LLC for payment for work performed;
Suggested Disposition: Receive and File; Refer to Legal for Investigation/Report
2
g
Wagner Subdivision - Final Plat
Zoning Advisory Commission recommending approval of the final plat of Wagner
Subdivision located at 2711 Brunskill Road.
RESOLUTION ,/,/6~'-~,.~ Approving the final plat of Wagner Subdivision in the
City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
=
Five Flags Arena HVAC System
City Manager recommending the approval of Shive Hattery Engineers to design the Five
Flags Arena HVAC System replacement.
Suggested Disposition: Receive and File; Approve
Quarterly Investment Report
City Manager submitting the quarterly investment report for the period from January 1,
2003 through March 31, 2003.
Suggested Disposition: Receive and File
Ayes Nays
Cline
Connors
Duggan
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Purchase of Service Agreements
Communication from the City Manager regarding the funding of various Purchase of
Service agreements.
Suggested Disposition: Receive and File
Dubuque Area Lifetime Center - Purchase of Service Agreement
City Manager recommending approval of a Purchase of Service Agreement with the
Dubuque Area Lifetime Center.
Suggested Disposition: Receive and File; Approve
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St. Stephens Food Bank - Purchase of Service Agreement
City Manager recommending approval of a Purchase of Service Agreement with St.
Stephens Food Bank in the amount of $1,000.
Suggested Disposition: Receive and File; Approve
Ss
Washington Neighborhood Tool Library - Purchase of Service Agreement
City Manager recommending approval of a Purchase of Service Agreement with the
Washington Neighborhood Tool Library.
Suggested Disposition: Receive and File; Approve
Ayes Nays
Cline
Connors
Duggan
Markham
Michalski
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10.
Project Concern - Purchase of Service Agreement
C~ty Manager recommending approval of a Purchase of Service Agreement with Project
Concern for Information and Referrel in the amount of $3,500 and Child Care Resource
and Referral in the amount of $$,576.
Suggested Disposition: Receive and File; Approve
11.
Greater Dubuque Development Corporation - Purchase of Service Agreement
City Manager recommending approval of a Purchase of Service Agreement with the
Greater Dubuque Development Corporation in the amount of $127,500.
Suggested Disposition: Receive and File; Approve
12.
Chamber of Commerce Convention and Visitors Bureau - Purchase of Service
Agreement
City Manager recommending approval of a Purchase of Service Agreement with the
Chamber of Commerce Convention and Visitors Bureau.
Suggested Disposition: Receive and File; Approve
13.
Dubuque Main Street - Purchase of Service Agreement
City Manager recommending approval of a Purchase of Service Agreement with
Dubuque Main Street.
Suggested Disposition: Receive and File; Approve
Ayes Nays
Cline
Connors
Duggan
Markham
Michalski
Nichoison
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14.
United States Senator Charles Grassley
Communication from Senator Charles Grassley in response to the City's inquiry about
the availability of federal funds for the City of Dubuque.
Suggested Disposition: Receive and File
15.
U.S. Department of Housing and Urban Development
Communication from the U.S. Depan~nent of Housing and Urban Development
regarding the City's Community Development Block Grant Program.
Suggested Disposition: Receive and File; Refer to City Manager
16.
Legislative Correspondence
Communication of City Manager Michael C. Van Milligen, dated Mamh 6, 2003, to local
legislators regarding the gaming tax lawsuit.
Communication of City Manager Michael C. Van Milligen, dated April 9, 2003, to local
legislators regarding the gaming tax issue.
Suggested Disposition: Receive and File
17.
Dubuque Arboretum and Botanical Gardens
Communication from Jack Frick, President of the Dubuque Arboretum and Botanical
Gardens Board of Directors, requesting that no parking be allowed on the south side of
Arboretum Drive.
Suggested Disposition: Receive and File; Refer to City Manager
Ayes Nays
Cline
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18.
Civil Service Commission
Civil Service Commission submitting the certified list for the position of Mechanic.
Suggested Disposition: Receive and File; Make a Matter of Record
19.
PPEL Revenue Requirements
City Manager advising that the Fiscal Year 2004 Physical Plant and Equipment Levy
(PPEL) TIF Revenue Certification has been submitted to Dubuque County Auditor
Denise Dolan.
Suggested Disposition: Receive and File
20.
Notice of Bankruptcy Filing
Notice of bankruptcy filing and final headng on certain motions and applications in the
matter of Eagle Food Centers, Inc.
Suggested Disposition: Receive and File
21.
Iowa Department of Economic Development
Communication from the Iowa Department of Economic Development advising that the
City's Local Housing Assistance Program Contract has been amended, as requested.
Suggested Disposition: Receive and File
Ayes Nays
Cline
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Duggan
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22.
Southwest Arterial Update
City Manager submitting information provided to our Congressional Delegation
concerning the need for additional federal funding to finance the Iowa 32 (Southwest
Arterial) project and advising that Congressman NuSsle has submitted a $41 million
request for such funding.
Suggested Disposition: Receive and File
23.
Dubuque Bank and Trust
Communication from Dubuque Bank and Trust requesting approval to construct an
underground walkway on public right-of-way to connect the main bank with the "Old
Walsh Building" which they are renovating.
Suggested Disposition: Receive and File; Refer to City Manager
24.
Department of the Army - Corps of Engineers
Communication from Gary Loss of the Rock Island Corps of Engineers to Donna Smith,
Dubuque County Board of Supervisors, regarding a special study along the Couler
Valley reach of the Little Maquoketa River in Dubuque County.
Suggested Disposition: Receive and File
Ayes Nays
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25.
Business License Refund
Request of Rod Chdst, Mama Cassetti's Pasta, for a refund of their Beer and Liquor
License in the amount of $168.75.
Suggested Disposition: Receive and File; Approve
26.
Business Licenses ~
RESOLUTION /jyi~.~ Granting the issuance of two new permits to sell
cigarettes and cigarette papers within the City to Bodine's LLC and Paro Food Mart
RESOLUTION/~;~) '~--~ Granting issuance of a Class "B~ Beer Permit to Music
N More Promotions - Tents A and B; and Class 'C~ Beer Permit to McCann Service,
Tobacco Outlet #504 and Paro Food Mart
RESOLUTION ,,/,.~",~_~ Granting the issuance of a Class "A" Liquor License to
Dubuque Order of the Moose; and Class "C' BeedLiquor License to Bodine's, The
Busted Lift, Central Tap, Shot Tower Inn, Knights of Columbus, A & B Tap, a~l-~
Suggested Disposition: Adopt Resolutions
Ayes Nays
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ITEMS TO BE SET FOR PUBLIC HEARING
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Port of Dubuque - Vacate - May 5, 2003
FY 2003 Second Budget Amendment - May 19, 2003
Port of Dubuque - Vacate
City Manager recommending that a public hearing be set for May 5, 2003 to consider
the vacation of certain streets and alleys in the Port of Dubuque, north and west of Bell
Street and the Brewery to the railroad right-of-way.
RESOLUTION/,-~-- 'g~:)~ Approving the plat of proposed vacated portion of Wall
Street, Washington Street, Cypress Street, and alleys in Blocks 20 and 28, Dubuque
Harbor Improvement Company Addition
RESOLUTION ,/d~-.~~ ~ Approving plat of proposed vacated portion of the
Fourth Street Extension, Dubuque Harbor Improvement Company Addition
RESOLUTION/¢~//'4~)5 Approving plat of proposed vacated portion of Bell
Street and alley in Block 11, Dubuque Harbor Improvement Company Addition
RESOLUTION ~//~ Approving plat of proposed vacated portion of Fifth and
Sixth Streets, Dubuque ~larbor Improvement Company Addition
RESOLUTION ,/~'/~ Approving plat of proposed vacated portion of the
Fourth Street Extension, Wa~l Street, Market Street, Pine Street, and Lot 2 of Lot 20 and
alleY in Block 26, Dubuque Harbor Improvement Company Addition
RESOLUTION/~-~.~-~ Approving plat of proposed vacated portion of Wall
Street, Washington Street, and alleys in Blocks 21 and 27, Dubuque Harbor
Improvement Company Addition
ORDINANCE ~.'./"~-~ Vacating a portion of Bell Street and alley in Block 11,
Dubuque Harbor Improvement Company Addition
ORDINANCE ~-,J.~-4:~_~ Vacating a portion of the Fourth Street Extension,
Dubuque Harbor Improvement Company Addition
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ORDINANCE ~ '~ ~.~ Vacating a portion of Fifth and Sixth Streets in Dubuque
Harbor Improvement Company Addition
ORDINANCE ~ ~::~2_.~ Ve~.in~ a portion of the Fourth Street Extension, Wall
Street, Market Street, Pine Street[a~l_/bt 2 of Lot 20 and alley in Block 26 in Dubuque
Harbor Improvement Company Addition
ORDINANCE ~-~;~:~' ~_~ Vacating a portion of Wall Street, Washington Street~,
and alleys in Blocks 21 and 27 in Dubuque Harbor Improvement Company Addition--
ORDINANCE ~'~:~ Vacating a portion of Wall Street, Washington Street,
Cypress Street and alleys in Blocks 20 and 28 in Dubuque Harbor Improvement
Company Addition
RESOLUTION J~-~--~ of Intent to dispose of City interest in Lots N, O, P,
Q,
R, S, T, U, and V of Dubuque Harbor Improvement Company Addition in the City of
Dubuque, Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
515103
Ayes Nays
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Fiscal Year 2003 Second Budget Amendment
City Manager recommending that a public hearing be set for May 19, 2003 to consider
the second amendment to the Fiscal Year 2003 Budget.
RESOLUTION/~::~ Directing the City Clerk to publish proposed
amendment to the Fiscal Year 2003 Budget and date of public hearing
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
5119103
Ayes Nays
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BOARDS/COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following
Board:
Housing Code Appeals Board {Two 3-Year Terms to Expire 1111106)
Applicant: Ben Durley
Appointments to the following Commission:
Mechanical Code Board (Two 3-Year Terms to Expire 3116/06 - Terms of Geisler and
Willenborg)
Applicants: Todd Geisler and Harlan J. Willenborg
,es Nays
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Duggan
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/ ~ Nicholson
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Ayes Nays
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C~nors
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Ayes Na~
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PUBLIC HEARINGS
SUSPEND THE RULES
yes Nays
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Nicholson
Royal Oaks Development- Rezoning Request
Proof of publication on notice of hearing to consider a request from Royal Oaks
Development/A.J. Spiegel to rezone property located at the end of Rhomberg Avenue
(former Tollbridge Inn Restaurant) from CR Commercial Recreation Distdct to PUD
Planned Unit Development District and Zoning Advisory Commission recommending
approval.
Communications of Richard J. Lynch and Evelyn Brunskill in opposition to the proposed
rezoning at 2800 Rhombc~rg Avenue.
ORDINANCE _/~/./'~ Amending Appendix A (the Zoning Ordinance) of the
City of Dubuque C~l'e of ~)rdinances by reclassifying hereinafter described property
located at 2800 Rhomberg Avenue from CR Commercial Recreation District to PUD
Planned Unit Development Distdct with a PR Planned Residential Distdct designation
and adopting a Conceptual Development Plan with conditions
Suggested Oisposition: Receive and File; Motion B; Motion A
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Wayne Stewart Property - Rezoning Request /~ '~
Proof of publication on notice of hearing to consider a request from Wayne Stewart and
Flint Drake to rezone property located at the southwest comer of Old Highway Road
and Seippel Road from R-1 Single-Family residential Distdct and County M-lc to R-2
Two-Family Residential District, CS Commercial Service and Wholesale District and LI
~.Light Industrial District concurrent with annexation of the west twenty acres and Zoning
Advisory Commission recommending approval.
ORDINANCE ~ Amending Appendix A (the Zoning Ordinance) of the
City of Dubuque Code of Ordinances by reclassifying hereinalter described property
located at 8000 Old Highway Road from R-1 Single-Family Residential District to R-2
Two-Family Residential District and CS Commercial Service and Wholesale District,
Suggested Dis Receive and File; Motion B; Motion A
Markham !
~. Michaiski !
Ay~e~l Nays
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Markham
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ORDINANCE ~'~.?"~_~--~ Amending Appendix A (the Zoning Ordinance) of the City
of Dubuque Code of Ordinances by reclassifying hereinafter described property located
along Old Highway Road from Dubuque County M-1 Industrial with conditions to City of
Dubuque LI Light Industrial District, concurrent with annexation
2900 Dodge Street- Rezoning Request
Proof of publication on notice of hearing to consider a request from Theisen's Inc. to
rezone property located at 2900 Dodge Street from C-3 General Commercial District to
PUD Planned Unit Development District with a PC Planned Commemial zoning
designation and Zoning Advisory Commission recommending approval.
ORDINANCE ~'~..~ Amending Appendix A (the Zoning Ordinance) of the
City of Dubuque Code of Ordinances by reclassifying hereinafter described property _ l/
located at 2900 Dodge Street from C-3 General Commercial District to PUD Planni~
Unit Development District with PC Planned Commercial District Designation and
adopting a Conceptual Development Plan
Suggested Disposition: Receive and File; Motion B; Motion A
Ayes Nays
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m
Key Gate Center No. 2 - Rezoning Request~/v: Iq
Proof of publioation on notice of hearing to oonsider a request from Dan Mueller to
rezone property located south of Highway 61/151 and Highway 52 (Lot 1 of Key Gate
Center No. 2) from PR Planned Residential Distdct to C-3 General Commercial zoning
district and Zoning Advisory Commission recommending approval.
ORDINANCE ..~,-~'~.~ Amending Appendix A (the Zoning Ordinance) of the
City of Dubuque Code of Ordinances by reclassifying hereinafter described property
located southeast of Highway 611151 and Highway 52 i~ersection from PUD Planned
Unit Development with a PR Planned Residential Distdct designation to C-3 General
Commercial Distdct
Suggested Disposition: Receive and File; Motion B; Motion A
Ayes Nays
~' Cline
Connors
Duggan
Markham
.~ (/~2Michalski
--Nicholson
/,/ ~) Buol
Ayes Nays
Cline
Connors
Duggan
Markham
Michalski
Nicholson
Buol
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Development Moratorium - Proposed Southwest Arterial Corridor
Proof of publication on notice of hearing to consider an amendment to the Code of
Ordinances and Subdivision Regulations regarding a development moratorium in the
proposed Southwest Arterial Corridor and Zoning Advisory Commission recommending
approval.
City Manager recommending adoption of the revised area submitted by the Iowa
Department of Transportation for the Development Moratorium in the proposed
Southwest Arterial Corridor.
ORDINANCE l-~.~ -~.~ Amending Appendix A (Zoning Ordinance) of the City of
Dubuque Code of Ordinances by amending Section 4-4.2 regarding site plans, and by
amending Section 6-1-5.5.z~garding rezonings~to extend a moratorium for site plan and
rezoning applications in tl~Southwest Arted~orridor
ORDINANCE c-~z~/~ Amending Chapter 42 (Subdivision Regulations) of the j
City of Dubuque Code of Ordinances b~amending Sectio,n 42-16, to extend a
moratorium for subdivision plats in th.~.Southwest Arterial~orridor
Suggested Disposition: Recmve and File; Motion B; Motion A / v, f~ /
Ay.es Nays I '~/~/~ ;~ /
// ~ Duggan / /~) .~'
/ Markham
~ t~ Michalski
~ ~/~/l~li~holson
~:~?~/ Ay~ Nays
Cline
Connom
Duggan
Mar~am
Michalski
Nicholson
Buol
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Grants of Easement- Alliant Energy
Proof of publication on notice of headng to consider a request from Alliant Energy to
install underground electrical telecommunication lines on City-owned property, known
as Lot 1 Heartland Place (lot located between 16th Street and Kerper Court behind the
old Smithfield property) and Lot 1-2-1 Byrnes Subdivision which is the lot upon which
Usha Park is located and City Manager recommending approval.
RESOLUTION ,/~l~__.~ Disposing of an interest under, over, and across a
portion of Lot I Heartland Place and Lot 1-2-1 Brynes Subdivision, Dubuque, Iowa, by
the issuance of easements to Alliant Energy (Interstate Power and Light Company)
Suggested Disposition: Receive and File; Adopt Resolution
~ye~ Nays
L~' Connors
Duggan
/0 Markham
~" Michalski
Nicholson
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Fiber Optics Connection
Proofs of publication on notice of hearing on plans and specifications and notice to
bidders on the receipt of bids for the Fiber Optics Connection Between City Network
and Port of Dubuque, and City Manager recommending award of the contract to
Volkens Excavating in the amount of $12,332.
RESOLUTION /~-~ / ~-~ Adopting plans and specifications ~or the project
RESOLUTION ?~ ~.~ Awarding contra~ to ¥o~ens Excavatin~
Suggested Disposition: Receive and File; Adopt Resolutions
/Ayp.~ Nays
~'~ , [1~_ Cline
~ ~TX~' Connom
? ~' Duggan
Markham
/ Michalski
/' Nicholson
// Buol
REINSTATE THE RULES
Nays
Cline
Connom
Duggan
/· _Markham
//~Michalski
/ ~ Nicholson
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ACTION ITEMS
Grand River Center - Logo Design
City Manager recommending approval of the logo design for the Grand River Center.
Suggested Disposition: Receive and File; Approve
ye~ Nays
/l~-Cline
Markham
_ Michalski
/F~Iicholson
v Buol
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Wayfinding Signage
City Manager recommending approval of design alternatives for the Wayfinding Sign
Program.
Suggested Disposition: Receive and File; Approve
Duggan
~Markham
Michalski
Nicholson
Buol
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CarteGraph Development Agreement~ ~?
City Manager recommending approval of vadous opportunities to assist CarteGraph
Systems, Inc. in obtaining the job creation goals agreed to in a 1999 State of Iowa
CEBA award and a Development Agreement between the City, Horizon Development
Group, LLC (property developer) and CarteGraph Systems, Inc. (employer),
Suggested Disposition: Receive and File; Approve
Ayes Nays
~ Cline
Connors
/~ Duggan
~? /3Markham
/;~ Michalski
/ ~ ~Nicholson
Buol
Brewery Redevelopment - Summary of Proposal
City Manager recommending approval to draft a formal Development Agreement with
The Alexander Company regarding the redevelopment of the former Dubuque Star
Brewery building.
Suggested Disposition: Receive and File; Approve
~yee/~ Nays
v Connors
// Duggan
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Dubuque Museum of Art
City Manager recommending approval of an amendment to the Dubuque Museum of Art
loan agreement to defer interest payments on their Downtown Rehabilitation loan for
one year.
Suggested Disposition: Receive and File; Approve
//~A~ ye.~ . Nays
~-j /~} Chne
~ Connors
, Duggan
Markham
~/!~ichalski
/ ~-~ Nicholson
Buol
Ayes Nays
Cline
Connors
Duggan
Markham
Michalski
Nicholson
Buol
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Sm
Northeast Iowa Community College
City Manager recommending approval of a request from Northeast Iowa Community
College to consider cost sharing a feasibility study for a business incubator in downtown
Dubuque.
Suggested Disposition: Receive and File; Approve
Aye.~-)/ Nays
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//)Markham
Michalski
Nicholson
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Port of Dubuque Sign and Landscaping and Recognition Wall
City Manager recommending approval of the preliminary design and cost estimate for
landscaping and signage for the parking lot green space at the intersection of Bell and
Third Street and for the recognition wall along the landside of the floodwall outside of
the American Trust River's Edge Plaza.
Suggested, Disposition: Receive and File; Approve ~/~ /Ii Cline
/'~ ~' Connom /
~ Duggan ~
/ Markham
~ / ~Michalski
~ Buol
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Diamond Jo Lease Agreement
City Manager recommending approval of a one-year lease agreement with Peninsula
Gaming Company, LLC for the patio area south of the Portside Building to allow the
Diamond Jo to provide outdoor entertainment this summer,
RESOLUTION ~,//~-~5 Granting issuance of a Class "C~ Beer/Liquor License
to Diamond Jo Casin~ (Outdoor Sale)
Suggested Disposition: Receive and File; Approve Lease Agreement; Adopt
Resolution
Ayes Nays
~ Cline
Connors
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/~)Markham
Michalski
Nicholson
~/~Buol
Ayes Nays
Cline
Connors
Duggan
Markham
Michalski
Nicholson
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Bluff Land Protection Measures (Tabled from March t7, 2003 Meeting)
City Manager submitting information regarding Bluff Land Protection Measures.
Suggested Dis:ion:
Receive and File; Council
~/es Nays
- Cline
~-/O Duggan
/ Markham
· _Michalski
~/ /..~Nicholso.
Aye~ Nays
~ ~ Cline
~ Michalski
Nicholson
Buol
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,
formal action may be taken at this time on your comments because of the notice
~c~quirements of the Iowa Open Meetings Law.
Motion to Adjoum at ~ y'~ '-~' ~~'
Ayes Nays
~'~ Cline
J Connors
~ Duggan
~/~l/larkham
-- ~ Michalski
j- Nicholson
j Buol
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