12 15 03 Skeleton SheetCITY COUNCIL REGULAR SESSION, DECEMBER 15, 2003
COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN THE LIBRARY AUDITORIUM
MARK~M, MICH~LSKI, NICHOLSON
CI~ MANAGER MICHAEL VAN MILMGE"; CORPO~ION COUNSEL]
Mayor Duggan read the call and stated this is a regular session of the City Council
Called for the purpose of discussing such mattem which may properly come before the
City Council.
INVOCATION:
Reverend DeWayne Teig, Director of Admissions at War'(burg
Theological Seminary
CONSENTITEMS
Iyes Nays
Connors
~'~arkham
~ Michalski
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Minutes and Reports Submitted
Airport Commission of 10/27; City Council of 12/1; Downtown Planning Committee of
12/1; Housing Commission of 11/3; Housing Commission Trust Fund Committee of
12/4; Human Rights Commission of 11/10; Long Range Planning Commission of 11/19;
Mechanical Board of 11/25; Park and Recreation Commission of 12/9; Transit Board of
11113; Zoning Advisory Commission of 12/3; Zoning Board of Adjustment of 11/20
Proof of publication of City Council Proceedings of 11/10, 11/12 and 11/17 and List of
Claims and Summary of Revenues for Month Ending October 31, 2003
Finance Director submitting the Financial Reports for the month ending November 30,
2003.
Suggested Disposition: Receive and File
2
2. Notice of Claims/Suits
Mary Metz for vehicle damage
Suggested Disposition: Receive and File; Refer to Legal for Investigation/Report
Corporation Counsel advising that the following claims have been referred to Public
Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool:
Mary Metz for vehicle damage
Corporation Counsel recommending denial of the claim of Delbert Keuter for vehicle
damage.
Suggested Disposition: Receive and File; Concur
Human Rights Commission
Communication from Charles Ryan notifying the City Council of his resignation from the
Human Rights Commission.
Suggested Disposition: Receive and File
Greater Dubuque Development Corporation
Communication from Rick Dickinson, Executive Director of the Greater Dubuque
Development Corporation, in opposition to the proposed Warehouse Demolition District.
Suggested Disposition: Receive and File
Ayes Nays
Connom
Duggan
Markham
Michalski
Nicholson
Buol
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Civil Service Commission
Civil Service Commission submitting the certified lists for the positions of Truck Driver
and Equipment Operator I.
Suggested Disposition: Receive and File; Make a Matter of Record
Quality Place - Final Plat
Zoning Advisory Commission recommending approval of the final plat of Lots 1 through
6 of Quality Place located in the 2700 block of Shims Avenue as requested by Ted and
Carole Soppe.
RESOLUTION ,-~-~2.~ ~ ~ Approving the final plat of Lots I through 6 of
Quality Place in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
Ricann Farms, Inc. No. 4 - Final Plat
Zoning Advisory Commission recommending approval of the final plat of Ricann Farms,
Inc. No. 4 on Olde Massey Road (next to 7326 Olde Massey Road) in Dubuque County
as requested by Richard LeConte/Ricann Farms, Inc.
RESOLUTION ~//~75 Approving the final plat of Ricann Farms, Inc. No 4 in
Dubuque County, Iowa
SuggeSted Disposition: Receive and File; Adopt Resolution
Ayes Nays
Connors
Duggan
Markham
Michalski
Nicholson
Buol
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Four Oaks Community Partnership (cp2) Grant- Subcontract
City Manager recommending approval of a subcontract with Four Mounds Foundation
for the Four Oaks Housing Education and Rehabilitation Training (HEART) Program
Community Partnership (cp2) Grant.
RESOLUTION j~/~_~ Authorizing Four Oaks Inc. to subcontract with the
Four Mounds Foundation for the Housing Education and Rehabilitation Training
Program (HEART) Community Partnership Program (cp2) Grant
Suggested Disposition: Receive and File; Adopt Resolution
Sa
Iowa Department of Economic Development
Communication from the Iowa Department of Economic Development advising that the
Downtown Master Plan grant has been extended to June 30, 2004.
Suggested Disposition: Receive and File
10.
Baseball Referendum
Communication from Sister Margaret Ann Willging regarding the proposed baseball
referendum and City Manager providing a response.
Suggested Disposition: Receive and File
11.
West 16t~ S~eet Residential Parking Permit District
Communication from John E. Kerrigan, President of Loras College, in support of the
West 16th Street Residential Parking Permit District.
Suggested Disposition: Receive and File
Ayes Nays
Connors
Duggan
Markham
Michalski
Nicholson
Buol
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12.
Two-Hour Parking Along Jackson Street
City Manager recommending that a request for two hour parking in front of 1365 - 1367
Jackson Street be denied.
Suggested Disposition: Receive and File;
t3.
Delinquent Sewer Charges
City Manager recommending approval of the submission of delinquent sewer accounts
to the Dubuque County Treasurer in order to establish real property liens for collection
of such past due accounts.
RESOLUTION ~- ~ ~-~ Authorizing collection of delinquent Sewer accounts
in accordance with Section 44-83 and 44-86 of the Code of Ordinances of the City of
Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
14.
Delinquent Garbage and Refuse Collection Accounts
City Manager recommending approval of the submission of delinquent garbage and
refuse accounts to the Dubuque County Treasurer in order to establish real property
liens for collection of such past due accounts.
RESOLUTION ~-~?.~2 ~ Authorizing collection of delinquent garbage and
refuse collection accounts in accordance with Section 40-37 and 40-39(d) of the Code
of Ordinances of the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
Connors
Duggan
Markham
Michalski
Nicholson
Buol
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t5.
Legislative Correspondence
Communication from Senator Charles E. Grassley regarding the Intemet Tax
Nondiscrimination Act.
Suggested Disposition: Receive and File
16.
Iowa League of Cities
Communication from the Iowa League of Cities requesting that City Manager Michael C.
Van Milligen serve on the League's Policy Committee.
Suggested Disposition: Receive and File; Approve
17.
Code of Ordinances - Supplement No. 59
City Manager recommending adoption of Supplement No. 59 to the City of Dubuque
Code of Ordinances.
RESOLUTION ~--U~-~-~ Adopting Supplement No. 59 to the Code of
Ordinances of the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
18.
Release of Real Estate Mortgage
Corporation Counsel recommending release of the real estate mortgage for Christine E.
Lehnen.
Suggested Disposition: Receive and File; Approve
Ayes Nays
Connors
Duggan
Markham
Michalski
Nicholson
Buol
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19.
Business License Refund
Brandon Merdck requesting refund of the cigarette license for Jumpers Sports Bar and
Grill in the amount of $50.00.
Suggested Disposition: Receive and File; Approve
20.
Business Licenses
RESOLUTION .' ~--~ ~.~ Granting the issuance of a permit to sell cigarettes
and cigarette papers to Cue Masters Billiards
RESOLUTION
Big 10 Mart
Granting the issuance of a Class "C" Beer Permit to
RESOLUTION ~-//~ ~P~.~ Granting the issuance of a Class "B" Liquor License
to Hoffman House Restaurant/3100 Club and Holiday Inn Dubuque Five Flags; and
Class "C" Beer/Liquor License to The White House, Instant Replay, The Moracco,
Michael's Bar X, Cue Master Billiards, Ryan House, Andaluz and Breezers Pub
Suggested Disposition: Adopt Resolutions
Ayes Nays
Connors
Duggan
Markham
Michalski
Nicholson
Buol
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ITEMS TO BE SET FOR PUBLIC HEARING
1. Mary Ransdell v. City of Dubuque - January 5, 2004
2. Vacating Petition - Portion of West 32nd Street at John F. Kennedy Road - January
5, 2004
3. Pre-Disaster Mitigation Plan - January 5, 2004
4. Downtown Master Plan - February 2, 2004
yes-. Nays
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Mary Ransdell v. City of Dubuque
City Manager recommending that a public hearing be set for January 5, 2004 to
consider the vacating of a portion of a public alley north of West 7th Street pursuant to
the Settlement Agreement with Mary Ransdell.
RESOLUTION -~/~ ' ~:~ Approving plat of proposed vacated portion of a
public alley in Coriell's Dubuque
RESOLUTION ~,~-/~ ~
public alley in Hill Street Addition
ORDINANCE ~
7~ Street
RESOLUTION ~--~/~-~ Of intent to dispose of City interest In Lot 15A in
Hill Street Addition and Lot 27A in Coriell's Dubuque in the City of Dubuque, Dubuque
County, Iowa
Approving plat of proposed vacated portion of a
Vacating a portion of a public alley north of West
Suggested Disposition: Receive and File; Adopt Resolutions; Motion B; Motion
A; Public Hearing 115/04
9
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Vacating Petition - Portion of West 32nd Street at John R Kennedy Road
City Manager recommending that a public hearing be set for January 5, 2004 to
consider a request from Steven and Judy Selchert for the vacating of a portion of West
32nd Street at John F. Kennedy Road.
RESOLUTION _~/.~ ~"~ Approving plat of proposed vacated portion of West
32nd Street at John F. Kennedy Road
ORDINANCE ~_~"~ ~ ~ ~ Vacating a portion of West 32nd Street at John F.
Kennedy Road
RESOLUTIOI~ S/~ ~5 Of intent to dispose of City interest in Lot lA of Arbor
Estates in the City of Dubuque, Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolutions; Motion B; Motion
A; Public Healing 115/04
Pm-Disaster Mitigation Plan
City Manager recommending that a public headng be set for January 5, 2004 to
consider approval of an updated Pre-Disaster Mitigation Plan.
RESOLUTION · ~J.~ ~ ~_~ Establishing a public hearing to solicit written and
oral comments on the City's proposed Pre-Disaster Mitigation Plan
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
tl5/04
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Downtown Master Plan
Downtown Planning Committee recommending that a public hearing be set for February
2, 2004 to consider adoption of the Downtown Master Plan.
Suggested Disposition: Receive and File; Public Hearing 2/2104
Ayes Nays
Connom
Duggan
Markham
Michalski
Nicholson
Buol
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BOARDSICOMMISSIONS
Appointments to the following Boards/Commissions:
Human Rights Commission (Three 3-Year Terms to Expire 111107 - Terms of Drummer,
Gieeen and Jackson; and One Unexpired 3-Year Term to 1/1106):
Applicants: Sarah A. Davidson, Patricia Foster, Judith Haley Giesen, Evelyn E. Jackson,
Robert Nesler, Many O'Shea
Connom Duggan Markham Michalski Nicholson Buol Cline
~Bavidson v/ ,'y/ '~..'~/ / / ;~" ~/
Nesler /
O'Shea
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PUBLIC HEARINGS
SUSPEND THE RULES
yes Nays
Connors
'/~ Duggan
/.~ Markham
~)~..!chalski
¥, Nicholson
Highway 52 South - Request to Rezone
Proof of publication on nofica of hearing to consider rezoning property located southeast
of Highway 52 South and Highways 61/151 from C-$ General Commercial District to
MHI Modified Heavy Industrial District at the request of Dan Mueller and Zoning
Advisory Commission recommending approval.
Petition and letters in opposition to the proposed rezoning.
ORDINANCE ~[/A~/ Amending Appendix A (the Zoning Ordinance) of the
City of Dubuque Cod~ of Ordinances by reclassifying hereinafter described property
located southeast of Highway 61/151 and Highway 52 intersection from C-3 General
Commercial Distdct to MHI Modified Heavy Industrial District, with conditions
Suggested Disposition: Receive and File; Motion B; Motion A
Ayes Nays
~ Connors
Duggan
/_,Markham
~'J~ Michalski
j ~Nicholson
~"' Buol
Cline
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5255 Pennsylvania Avenue - Request to Rezone
Proof of publication on notice of headng to consider rezoning property located at 5255
Pennsylvania Avenue from C-3 General Commercial District to CS Commemial Service
and Wholesale District as requested by Jim Runde and Zoning Advisory Commission
recommending approval.
ORDINANCE ~;~-~_? Amending AppendixA (the Zoning Ordinance) of the
City of Dubuque Code of Ordinances by reclassifying hereinafter described property
located at 5255 Pennsylvania Avenue from C-3 General Commercial Distdct to CS
Commercial Service and Wholesale Distdct
Suggested Disposition: Receive and File; Motion B; Motion A
Nays
// / ~/./Conners
// ~' Duggan
// Markham
// Michalski
/ i Nicholson
// ~Buol
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Tri-State Development-Request to Rezone
Proof of publication on notice of headng to consider rezoning property located at the
southwest comer of Seippel Road and Old Highway Road from R-2 Two-Family
Residential District to CS Commercial Service and Wholesale Distdct and CS
Commercial Service and Wholesale Distdct to R-2 Two-Family Residential District as
requested by Tri-State Development and Zoning Advisory Commission recommending
approval.
ORDINANCE ~.~ ¢;~5 Amending Appendix A (the Zoning Ordinance) of the
City of Dubuque Code of Ordinances by reclassifying hereinafter described property
located at the southwest comer of Seippel Road and Old Highway Road from R-2 Two-
Family Residential District to CS Commemial Service and Wholesale Distdct and CS
Commemial Service and Wholesale Distdct to R-2 Two-Family Residential District
Suggested Disposition: Receive and File; Motion B; Motion A
Nays
Connore
Duggan
Markham
Michalski
Nicholson
')Buo,
Cline
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Vessel Systems - Tax Increment Revenue Bonds
Proof of publication on notice of headng to consider issuance of not to exceed $140,000
in urban renewal tax increment revenue bonds to support the Vessel Systems, Inc.
project at the Dubuque Industrial Center West and City Manager recommending
approval. /,~?
RESOLUTION ,~-'~.. _ r ~ Instituting proceedings to take additional action for
the issuance of not to ~-Y,',~=d $140,000 Urban Renewal Tax Increment Revenue Bonds
RESOLUTION ~'2~2- g2~.~ Authorizing and providing for the issuance of
$140,000 Urban Renewal Tax Increment Revenue Bonds, Taxable Series 2003, of the
City of Dubuque, Iowa, and providing for the secudng of such bonds for the purpose of
carrying out an urban renewal project in the area of the City of Dubuque, Iowa
designated as the Dubuque Industrial Center Economic Development District
Suggested Disposition: Receive and File; Adopt Resolutions
Ayes Nays
// Connors
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~// Markham
// ,_ Michalski
/ / Nicholson
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Riverside Baseball, LLC Lease
Proof of publication on notice of hearing to consider the disposition of real property and
improvements in the Ice Harbor Urban Renewal District by lease to Riverside Baseball,
LLC and City Manager recommending approval.
City Manager recommending approval of two minor amendments to the previously
negotiated Riverside Baseball LLC Lease Agreement.
RESOLUTION ~-~5;~' ~5 Determining that the proposal of Riverside Baseball,
LLC to lease property in the Ice Harbor Urban Renewal District in the Port of Dubuque
in the City of Dubuque, Iowa is in compliance with the terms of the City's offering for
disposition of such property
RESOLUTION ~'-~t~7~ Accepting the proposal from Riverside baseball, LLC
for the lease of property in the Ice Harbor Urban Renewal District in the Port of
Dubuque in the City of Dubuque, Iowa and approving the lease agreement with
Riverside Baseball, LLC for the lease of the property
Suggested Disposition: Receive and File; Adopt Resolutions
~yes Nays
Connors
Duggan
Markham
~ _ Michalski
//~ Nicholson
/ ~/-r) Buol
c.- Cline
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Sm
Mediacom Franchise Extension
Proof of publication on notice of hearing to consider a six-month extension of the
existing Mediacom cable franchise and side agreements under the terms currently in
effect and City Manager recommending approval.
ORDINANC£ .,~ ~_~ Extending the term of the existing cable franchise
agreement and hub site lease of MCCIowa, LLC to June 30, 2004
Suggested Disposition: Receive and File; Motion B; Motion A
//'Ayes Nays
Connors
~/ Duggan
~ Markham
~..~ Michalski
~JNicholson
Buol
Cline
Eagle Valley Subdivision Water Main Extension Project
Proof of publication on notice of hearing on plans and specifications and notice to
bidders on the receipt of bids, and City Manager recommending award of the contract
for the Eagle Valley Subdivision Water Main Extension Project to Fondell Excavating,
Inc. in the amount of $74,897.00.
RESOLUTION ~.~ ~ Adopting plans and specifications for the project
RESOLUTION ~*~-~-~ Awarding contract
Suggested Disposition: Receive and File; Adopt Resolutions
yes Nays
Connors
· / .~ Duggan
// Markham
/ Michalski
//
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Seippel Road Water Main Extension Project
Proof of publication on notice of hearing on plans and specifications and notice to
bidders on the receipt of bids, and City Manager recommending award of the contract
for the Seippel Road Water Main Extension Project to W.C. Stewart Construction, Inc. in
the amount of $98,104.38.
RESOLUTION ~--~" ~ Adopting plans and specifications for the project
RESOLUTION
Awarding contract
Suggested Disposition: Receive and File; Adopt Resolutions
Ayes Nays
Connors
r\ Duggan
/~} Markham
~. Michalski
~J Nicholson
Buol
Cline
REINSTATE THE RULES
Aye.~ ~ Nays
~/ ~/Connom
~// ~Duggan
// ~, Markham
~ ~ Michalski
/ Nicholson
Buol
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ACTION ITEMS
Adams Company - Economic Development Grant
City Manager recommending approval of an Economic Development Grant Agreement
between the City of Dubuque and the Adams Company conceming the Economic
Development Grant to the Company for the construction of its new facility in Dubuque
Industrial Center West.
RESOLUTION ~.~-~/~-4:2.~ Approving an agreement with the Adams Company to
provide an Economic Development Grant to the Adams Company pursuant to the
Development Agreement between the City of Dubuque and the Adams Company
Suggested Disposition: Receive and File; Adopt Resolution
yes Nays
Connors
Duggan
,~ Markham
/ ~.M.!chalski
~-~ Nicholson
// Buol
/ Cli.e
20
Bee Branch Moratorium
City Manager submitting the recommendations of the Bee Branch Citizen Advisory
Committee (BBCAC) regarding establishment of a permit moratorium related to the Bee
Branch Creek Restoration Study.
Suggested Disposition: Receive and File; Council
~Ayes Nays
Connors /'
/Duggan ~"
/Markham
/~ , Michalski
~ Nicholson
/ Buol
/~Cline
Ayes Nays
Connors
Duggan
Markham
Michalski
Nicholson
Buol
Cline
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Request to Waive Connection Fees
City Manager recommending denial of a request from John Miller to waive City sewer
and water connection fees and building permit fees for property he wants to develop on
Peru Road and Roosevelt Road.
Suggested Disposition: Receive and File; Approve Denial
Aye~s-t, Nays
~/Connom /~/~/~
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/~l~ Markham
~' Michalski
Nicholson
Buol
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Connom
Duggan
Markham
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Spirit of Dubuque (Dubuque River Rides, Inc.) Lease Amendment
City Manager recommending approval of an amendment to the lease agreement with
Wa~t and Nancy Webster, representing Dubuque River Rides, Inc., to allow for a
restaurant with bar and a gift shop on a new barge they have brought into the Ice
Harbor.
Suggested Disposition: Receive and File; Approve
yes Nays
Connors
/ Duggan
_ Markham
~J//Michalski
'~ Nichol~on
,- ; Buol
/~j Cline
m
Fiscal Year 2004 Annual Action Plan - Amendment #2
City Manager recommending approval of the second amendment to the Fisca~ Year
2004 Annual Action Plan to reallocate funds.
RESOLUTION ~:~-~ Approving an amended and restated Fiscal Year 2004
(Program Year 2003) Annual Plan -Amendment 2 for Community Development Block
Grant (CDBG) funds
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
~ Connors
? Duggan
Markham
· . .
/~ ~M~chalsk,
/ (/~,~Nicholson
'/,, Buol
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IA 32 (Northwest Arterial) Speed Limits
City Manager recommending approval of a change in the speed limit on IA 32
(Northwest Arterial) from US 20 to the northerly limits from 45 miles per hour to 50 miles
per hour at the request of the Iowa Department of Transportation.
ORDINANCL=/~;~ ~ Amending the Code of Ordinances of the City of
Dubuque, Iowa, by revising Subsection (c) of Section 32-231 thereof providing for the
establishment of speed limits on the Northwest Artedal (IA 32)
Suggested Disposition: Receive and File; Motion B; Motion A
~Ayes Nays
~ Connors
...~ ,.., Duggan
// //~Y~ Markha .m.
// ~ Michalsk~
// _, Nicholson
~' Cline
Stop Signs at Jefferson Street and Spruce Street
City Manager recommending approval of the installation of stop signs for traffic on
Jefferson Street at Spruce Street.
ORDINANCE //~.~ Amending the Code of Ordinances of the City of
Dubuque, Iowa by modifying Subsection (b) of Section 32-214 thereof providing for the
addition of stop signs on Jefferson Street at Spruce Street
Suggested Disposition: Receive and File; Motion B; Motion A
Nays
Connors
Duggan
Markham
Michalski
Nicholson
Buol
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B
Bus Loading/Unloading and Parking Policy at Port of Dubuque
City Manager recommending approval of the implementation of a bus loading/unloading
and parking policy at the Port of Dubuque.
Suggested Disposition: Receive and File; Approve
yes Nays
Connors
J Duggan
/~ Markham
~Michalski
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~// ~Buol
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Holiday Refuse Collection Allowance
City Manager recommending approval of the distribution of one free garbage pickup
sticker to each of the City's refuse customers.
Suggested Disposition: Receive and File; Approve
Ayes Nays
~/~ Connom
~ Duggan
Markham
/ /~J Michalski
/ L~' Nicholson
'/ Buol
/ ~ Cline
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10.
Fiscal Year 2005 Budget Hearing Schedule
City Manager submitting the revised budget hearing schedule for Fiscal Year 2005.
Suggested Disposition: Receive and File; Approve
,/~yes Nays
Connors
~/ Duggan
/Markham
Michalski
/~Nicholson
f 'ySuo
/ ~Cline
COUNCIL MEMBER REPORTS
PUBLIC INPUT
At this time, anyone in the Council Chambers may address the Council on matters which are of
concem 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
Property Acquisition - Chapter 21.5(1)(j) 2003 Code of Iowa
Motion to go into closed session at ~/~,',~/
~,~yes Nays
// Connors
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/ /~ Markham
// ~'/ Michalski
Nicholson
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Motion to adjourn at
Ayes
Nays
Connors
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Markham
Michalski
Nicholson
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