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CITY COUNCIL REGULAR SESSION, APRIL 5, 2004
COUNCIL MET IN REGUIfR SESSION AT 6:30 P.M. IN THE LIBRARY AUDITORIUM
. PRES~NY;MA YOR DU'GAN, Ç'OUNCIL MEMBERS fuOL, C~E, CONNORS,
MARKrm' MICH/'Í-SKI, NIC~OLSON /
CITY MANAGER V~MILLIGEN; CORPORATION COUN~L LINDAHL
ABSENT: ¿~
Mayor Duggan read the call and stated this is a special session of the City Council
called for the purpose of discussing such matters which may properly come before the
City Council.
INVOCATION: Sr. Paula Meloy . ,~if}
PROCLAIIATIONS i ~r /
~;'H~~;~~~
Commundy Development -- . , ~
. Make-A-Wish Week . ~W
Poppy Day = ~~
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CONSENT ITEMS
4Ye7'fì¡ Nays
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1.
Minutes and Reports Submitted
Airport Commission of 2123 and 3/22; Cable TV Regulatory Commission of 3/10; City
Conference Board of 2/17; City Council of 3/15; Community Development Advisory
Commission of 3/10; Five Flags of 2/16; Housing Code Appeals Board of 1/20 (as
amended) and 2/17; Housing Commission of 2/24; Housing Commission Trust Fund of
3/11; Long Range Planning Advisory Commission of 3/17; Plumbing Board of 3/16;
Transit Board of 3/11; Zoning Advisory Commission of 3/2
Printed Council ProCeedings for January, 2004
Proofs of publication of City Council meetings of 2/23, 2124, 3/1, 3/3 and 3/15
Suggested Disposition: Receive and File; Approve as Printed
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2.
Notice of Claims/Sui1s
Del Banowetz for vehicle damage; Marilyn Campbell for vehicle damage; Mary Criss for
personal injury to Demond Criss; Carol J. Eberlein for vehicle damage; Marguerite
Martin for personal injury and vehicle damage; Thomas J. Mueller for personal injury
and vehicle damage; James A. Daniel vs. Peninsula Gaming Company, LLC, City of
Dubuque, and Fischer Excavating, Inc.
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: Del
Banowetz for vehicle damage; Mary Criss for personal injury to Demond Criss; Carol
Eberlein for vehicle damage; Marguerite Martin for personal injurylvehicle damage;
Thomas Mueller for personal injurylvehicle damage
Corporation Counsel recommending settlement of the claim of Marilyn Campbell for
vehicle damage and Sarah Neis for vehicle damage and directing the Finance
Department to issue payment.
3.
Suggested Disposition: Receive and File; Concur; Finance Department to Issue
Payment
City Development Board
Ruling on Motion to Dismiss from the City Development Board in the matter of the
voluntary annexation of the City of Asbury within the urbanized area of the City of
Dubuque.
Suggested Disposition: Receive and File
Ayes
Nays
Nicholson
Buol
Cline
Connors
Duggan
Markham
Michalski
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4.
Dubuque Golf and County Club
Communication from Richard Bugalski, General Manager ofthe Dubuque Golf and
Country Club, requesting permission to display fireworks on July 4, 2004 on the
Dubuque Golf and Country Club grounds.
Suggested Disposition: Receive and File; Approve
5.
Lease Agreement with Tri-State Modelers
City Manager recommending approval of a three-year lease agreement with the Tri-
State Modelers for a section of the former Roosevelt Park.
6.
Suggested Disposition: Receive and File; Approve
Target Grant Application
City Manager recommending approval of a grant application to the Target Corporation
in the amount of $1,149 for a laptop computer for use by the Community Oriented
Policing program.
7.
Suggested Disposition: Receive and File; Approve
Development Agreement for Westbrook Subdivision
City Manager recommending approval of a development agreement with Callahan
Construction, Inc. for development of affordable single-family housing in the Westbrook
Subdivision.
Suggested Disposition: Receive and File; Approve
Ayes
Nays
Nicholson
Buol
Cline
Connors
Duggan
Markham
Michalski
8.
Memorandums of Understanding with the Visiting Nurse Association and United
Clinical Laboratories
City Manager recommending approval of an agreement with the Visiting Nurse
Association and United Clinical Laboratories to provide HUD lead grant-related
services.
Suggested Disposition: Receive and File; Approve
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10.
Legislative Correspondence
Communication from the City Manager to area legislators urging their opposition to SF
2297 and HSB718 - Property Tax Limitation Bills, SF2298 - Appropriations Bill
Regarding Property Tax Credits, and HSB727 - Department of Revenue Technical
Corrections Bill.
Communication from the City Manager to area legislators urging their support of any
amendments to SSB3169, the Appropriations Bill, which would remove a reference in
Section 227 that would force cities to absorb the $20 million shortfall in State
reimbursement of property tax credits and support of Amendment #216 which reinstates
Iowa Code Section 25B.7.
Communication from the City Manager to area senators encouraging them to vote
against SSB3168, the property tax limitation bill.
Communication from the Mayor to Congressman Jim Nussle thanking him for identifying
the IA 32 (Southwest Arterial) and the US 20 Julien Dubuque Bridge as projects to be
included in the new transportation authorization bill.
Suggested Disposition: Receive and File
Wartburg Place Reconstruction Project
City Manager recommending approval of the Final Assessment Schedule for the
Wartburg Place Reconstruction Project.
RESOLUTION /d¥~él ~ Adopting the final assessment schedule for the
Wartburg Place Reconstruction Project including certain information required by the
Code of Iowa, specifically, 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 final schedule and to publish notice thereof
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
;z. Nicholson
Buol
Cline
Connors
Duggan
Markham
¡Michalski
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12.
White Street Reconstruction Project
City Manager recommending approval of the Final Assessment Schedule for the White
Street Reconstruction Project.
RESOLUTION / A5 - ¿J 'T' Adopting the final assessment schedule for the White
Street Reconstruction Project including certain information required by the Code of
Iowa, specifically, 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 final schedule and to publish notice thereof
Suggested Disposition: Receive and File; Adopt Resolution
Assignment of CIGNA Agreemen1s to Prudential
City Manager recommending approval of a Memoranda of Understanding and
Assignment and Assumption of the Enterprise Zone and Development Agreements for
the assignment of CIGNA Agreements to Prudential Financial, Inc.
RESOLUTION / % - d ~ Approving a Memorandum of Understanding
between the City of Dubuque, Iowa and Prudential Insurance Company of America for
the assignment of an Enterprise Zone Agreement among the City of Dubuque, the State
of Iowa and CIGNA Retirement Benefits Services from CIGNA Retirement Benefits
Services to Prudential Insurance Company of America and approving the assignment of
such Enterprise Zone Agreement; and approving a Memorandum of Understanding
between the City of Dubuque, Iowa and Prudential Insurance Company of America for
the assignment of a Development Agreement between the City of Dubuque, and CIGNA
Retirement Benefits Services from CIGNA Retirement Benefits Services to Prudential
Insurance Company of America and approving the assignment of such Development
Agreement
Suggested Disposition: Receive and File; Adopt Resolution
Ayes
Nays
Nicholson
Buol
Cline
Connors
Duggan
Markham
Michalski
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16.
Purchase of Service Agreement with Sl Stephen's Food Bank
City Manager recommending approval of a Purchase of Service Agreement with St.
Stephen's Food Bank in the amount of $500 for the Deer Management Food Program.
Suggested Disposition: Receive and File; Approve
Purchase of Service Agreement with Project Concern, Inc. - Foster Grandparent
Program
City Manager recommending approval of a Purchase of Service Agreement with Project
Concem, Inc. in the amount of $5,435 for the Foster Grandparent Program.
Suggested Disposition: Receive and File; Approve
Purchase of Service Agreement with the Retired and Senior Volunteer Program
City Manager recommending approval of a Purchase of Service Agreement with the
Retired and Senior Volunteer Program in the amount of $7,341.
Suggested Disposition: Receive and File; Approve
Purchase of Service Agreement with Project Concern, Inc. - Information and
Referral and Child Care Referral
City Manager recommending approval of a Purchase of Service Agreement with Project
Concem, Inc. in the amount of $24,339 for the Information and Referral Program plus a
payment of $8,576 for the Child Care Referral Program.
Suggested Disposition: Receive and File; Approve
Ayes
Nays
Nicholson
Buol
Cline
Connors
Duggan
Markham
Michalski
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20.
Purchase of Service Agreement with Operation: New View
City Manager recommending approval of a Purchase of Service Agreement with
Operation: New View in the amount of $16,708.
Suggested Disposition: Receive and File; Approve
Purchase of Service Agreement with Helping Services of Northeast Iowa, Inc.
City Manager recommending approval of a Purchase of Service Agreement with
Helping Services of Nòrtheast Iowa, Inc. in the amount of $1 ,964.
Suggested Disposition: Receive and File; Approve
Purchase of Service Agreement with Greater Dubuque Development Corporation
City Manager recommending approval of a Purchase of Service Agreement with
Greater Dubuque Development Corporation in the amount of $127,500 including
$87,500 for economic development services and $40,000 for marketing of the City's
industrial parks.
Suggested Disposition: Receive and File; Approve
Purchase of Service Agreement with Dubuque Main Street, Ltd.
City Manager recommending approval of a Purchase of Service Agreement with
Dubuque Main Street, Ltd in the amount of $43,966.
21.
Suggested Disposition: Receive and File; Approve
Purchase of Service Agreement with Dubuque Area Lifetime Center
City Manager recommending approval of a Purchase of Service Agreement with
Dubuque Area Lifetime Center in the amount of $20,000.
Suggested Disposition: Receive and File; Approve
Ayes
Nays
Nicholson
Buol
Cline
Connors
Duggan
Markham
Michalski
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Purchase of Service Agreement with Dubuque Area Labor Management Council
City Manager recommending approval of a Purchase of Service Agreement with
Dubuque Area Labor Management Council in the amount of$15,051.
Suggested Disposition: Receive and File; Approve
Purchase of Service Agreement with the Dubuque Area Chamber of Commerce
Convention and Visitors Bureau
City Manager recommending approval of a Purchase of Service Agreement with the
Dubuque Area Chamber of Commerce Convention and Visitors Bureau in the amount of
$554,705.
Suggested Disposition: Receive and File; Approve
Purchase of Service Agreement with Washington Neighborhood Tool Library
City Manager recommending approval of a Purchase of Service Agreement with the
Washington Neighborhood Tool Library in the amount of $15,500.
Suggested Disposition: Receive and File; Approve
Purchase of Service Agreement with Substance Abuse Services Center
City Manager recommending approval of a Purchase of Service Agreement with
Substance Abuse Services Center in the amount of $12,390.
26.
Suggested Disposition: Receive and File; Approve
Alliant Energy
Notice of proposed rate increase from Alliant Energy.
Communication of the City Manager to the Iowa Utilities Board regarding the rate
increase requested by Interstate Power and Light Company (Alliant Energy Company).
Suggested Disposition: Receive and File; Approve
Ayes
Nays
Nicholson
Buol
Cline
Connors
Duggan
Markham
Michalski
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31.
Parking Ramp Structural Analysis Request for Proposals
City Manager recommending approval of the issuance of a Request for Proposals to
solicit qualified firms to perform a complete structural analysis of the Iowa Street and the
Locust Street Parking Ramps.
Suggested Disposition: Receive and File; Approve
Greater Downtown Urban Renewal District
Communication from the Long Range Planning Advisory Commission advising that the
Commission has reviewed the Urban Renewal Plan for the Greater Downtown Urban
Renewal District and finds it to be consistent with the Comprehensive Plan and
recommends City Council approval.
Suggested Disposition: Receive and File
Historic Preservation Revolving Loan Fund and Historic Preservation Homeowner
Grant Programs
Communication from the Historic Preservation Commission recommending City Council
approval of amendments to the Historic Preservation Revolving Loan Fund and Historic
Preservation Homeowners Grant Programs.
Suggested Disposition: Receive and File; Approve
Continuum of Care Program
City Manager recommending approval of an application to the US Department of
Housing and Urban Development (HUD) for renewal of funding under the Continuum of
Care Program for homeless assistance.
Suggested Disposition: Receive and File; Approve
Mediacom
Submission of the 2003 Annual Report of Mediacom.
Suggested Disposition: Receive and File
Ayes
Nays
Nicholson
Buol
Cline
Connors
Duggan
Markham
Michalski
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34.
Mississippi Riverwalk Phase II and Amenities Project
City Manager recommending acceptance of the construction contract for the Mississippi
Riverwalk Phase II and Amenities Project as completed by Portzen Construction in the
final contract amount of $3,783,606.08.
RESOLUTION /¿!J.Y'/tP Ý Accepting improvement
RESOLUTION / /'TB - tfl!' Approving final estimate ~
Su....'" ...position, -.... and RIe, Adopt Reso'utions ,¡i~~
Peninsula Gaming Lease Agreement for Patio Area cJI U ~/
City Manager recommending approval of a lease agreement with Peninsula Gaming for þIJ
the lease of the patio area adjacent to the Portside Building for the 2004 season.
Suggested Disposition: Receive and File; Approve
Business Licenses
RESOLUTION / ~~ cJl </ Granting the issuance of a Class "CO Beer Permit to
Plaza 20 Amoco
RESOLUTION / M ~ & ~ Granting the issuance of a Class "CO Beer/Liquor
License to A & B Tap, Salsa's Mexican Restaurant, Loras College, Whiskey River,
Neighbor's Tap, Marco's Italian American Food, Noonan's Tap, and the Busted Lift;
Class "CO BeerlLiquor License (6 Month) to Sugar Ray's; Class "B" (WB) Wine Permit to
Carroll's Wine Company; Special Class "C" (BW) Liquor License to Mississippi Mug;
and Class "B" Native Wine Permit to National Mississippi River Museum
Suggested Disposition: Adopt Resolutions
Ayes
Nays
Nicholson
Buol
Cline
Connors
Duggan
Markham
Michalski
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ITEMS TO BE SET FOR PUBLIC HEARING
1.
Operations and Service Center Construction Project - Initiate
City Manager recommending initiation of the public bidding process for the Operations
and Service Center Construction Project and that a public hearing be set for May 17,
2004.
3/
RESOLUTION /'~'c:J ~ Preliminary approval of plans and specifications
RESOLUTION /' cß# - ¿p Ý Setting date of hearing on plans and specifications
RESOLUTION / ~ - ð.Ý Ordering bids
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
5/17/04
JY~ Nays
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CoAAeFS
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BOARDS/COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following
Commission:
TV Cable Community Teleprogf;¡?m. . Commission: Two 3-Year Unexpired Terms
Through 6/30106)
Applicant: Marie Araeipour / J'
Appointments to the following Board/Commission:
Environmental Stewardship Advisory Commission (One 3-Year Unexpired Term
Through 10/1/05)
Applicant: Sr. Mary Clare O'Toole
~~L Nays
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Zoning Board of Adjustment (One 5-Year Term Through 3125/09 - Term of Gasper)
Applicant: William M. Gasper
Ayes Nays
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PUBLIC HEARINGS
SUSPEND THE RULES
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1.
Utility Franchise Agreement with Maquoketa Valley Electric Cooperative
Proof of publication on notice of hearing to consider a Utility Franchise Agreement with
Maquoketa Valley Electric Cooperative to be effective May 1, 2004 and City Manager
recommending approval.
ORDINANCE ;;;;ø ~ ¿;:1 ~ Granting to Maquoketa Valley Electric Cooperative, its
successors and assigns, a nonexclusive authority to maintain and operate its existing
electrical system and construct extensions thereto within the limits of the City of
Dubuque, Iowa, including any territory which may be annexed thereto during the term of
this franchise to the extent any such territory is within the exclusive service territory of
the company under Iowa Code Chapter 476 (or its successor), and including the right to
erect and maintain all necessary facilities and equipment in, under, upon, over, across
and along the streets, alleys, bridges and other similar public places within the city for
the production, transmission, distribution and sale of electric power, and prescribing
terms and conditions under which the company is to operate
Suggested Disposition: Receive and File; Motion B; Motion A
Ayes Nays
v::- ,() Nicholson
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Cline
CaRRers
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2.
Amendment to Utility Franchise Agreemen1s with Aquila and Alliant Energy
Proof of publication on notice of hearing to consider approval of an amendment to the
Utility Franchise Agreements with Aquila and Alliant Energy to provide that the franchise
fee applies to all sales of gas or electricity to residential customers regardless of sales
tax exemptions and City Manager recommending approval.
ORDINANCE ¿:?;/ ~ ¿;f1 Y Amending Ordinance No. 58-03 Establishing a
franchise fee of two percent (2%) of the gross revenue of Interstate Power Company, its
successors and assigns, generated from the sale of electricity within the City of
Dubuque
ORDINANCE /7i?- tJ í Amending Ordinance No. 59-03 Establishing a
franchise fee of two percent (2%) of the gross revenue of Peoples Natural Gas
Company, its successors and assigns, generated from the sale of natural gas or mixed
gas within the City of Dubuque
Suggested Disposition: Receive and File; Motion B; Motion A
Ayes Nays
-;;- /!) Nicholson
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Cline
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Loras Boulevard Historic Lighting
Proof of publication on notice of hearing and notice to bidders and City Manager
recommending award of the contract for the Loras Boulevard Historic Lighting Project to
Westphal & Company, Inc., in the amount of $110,338.68. ., )
RESOLUTION /.. ~f<--¿J /" Adopting plans and specifications 6r..
pt
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Suggested Disposition: Receive and File; Adopt Resolutions
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A~ì.. Nays
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4.
Flood Hazard Mitigation Demolition Project - Phase II
Proof of publication on notice of hearing and notice to bidders and City Manager
recommending award of the contract for the Flood Hazard Mitigation Demolition Project
- Phase II to Top Grade Excavating, Inc., in the amount of $18,384.
RESOLUTION
RESOLUTION
/ .5 ø "¿7.y' Adopting plans and specifications
/3" ~ tJ1 r Awarding contract
Suggested Disposition: Receive and File; Adopt Resolutions
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Ayes Nays
.'i Nicholson
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Michalski
REINSTATE THE RULES
~y" Nays
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V1iCline
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ACTION ITEMS
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1.
Dubuque Humane Society
Communication from Jane McCall, Dubuque Humane Society, regarding the Purchase
of Service Agreement between the City and the Dubuque Humane Society and
requesting an increase in the amount.
City Manager responding to the request of the Dubuque Humane Society and asking
that the issue be referred to staff. ø'
Suggested Dispositi~. on.' Receive and Ale; ...., to ... COy Man- ~ n J íP
I ff1ff AY~) Nays !IV I. Iv
.é ¡u :::: (Ø':~oIson ~.., II
f'.~~ ~ ¡)~::". ~ ^ J~
¡ p'r;t) / :E~ /11
Bit
Ayes
Nays
Nicholson
Buol
Cline
GðllnðfS
Duggan
Markham
Michalski
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2.
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Dubuque Nursery and Landscaping - UDAG Loan
City Manager recommending approval of a $20,000 UDAG Loan to Dubuque Nursery
and Landscaping, a new nursery and landscaping business, for the purchase and
renovation of the former Hopper's Nursery on Jackson Street.
RESOLUTION / -g,ç - ¿;7 Ý Approving loan agreement with Dubuque Nursery
and Landscape
Suggested Disposition: Receive and File; Adopt Resolution
~es Nays
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f) Michalski
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3.
Port of Dubuque Remediation Contract
City Manager recommending approval of a contract with Terracon as the environmental
design and remediation consultant for petroleum cleanup in the Port of Dubuque.
RESOLUTION /3'-& 0/' Confirming selection of Terracon to provide
environmental design and remediation services for petroleum cleanup in the Port of
Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
~ye~ì Nays
//0 (51 Nicholson
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/ £eflfl81!$
Duggan
//' Markham
Michalski
4.
Dubuque Racing Association
City Manager recommending approval of the new expansion plan for the City-owned L~
Dubuque Greyhound Park and Casino. I/o
......", DIsposition, Receive and FUe; """"", vJ~~/" J
M~I Nays ..#,
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Michalski /
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5.
Transit Alternatives Analysis
City Manager recommending approval of the selection of the "no-build" altemative that
includes the implementation of the two diesel-powered American Heritage Streetcars to
provide a better transit link between the Port of Dubuque and the downtown area.
Suggested Disposition: Receive and File; Approve
¡Ay~J Nays
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Buol
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Markham
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6.
Parking Meter Ordinance
City Manager recommending approval of an amendment to the Code of Ordinances
Section 32-337 allowing for a forty-minute time limit on parking meters.
ORDINANCE ¿J-Y-¿:JÝ Amending Section 32-337 Parking fee schedule of the
City of Dubuque Code of Ordinances
Suggested Disposition: Receive and File; Motion B; Motion A
Ayes Nays
';/ (!\ Nicholson
/ VBuol
Cline
ae 1f\Q($
~. Duggan
/ iiJMarkham
/ýMichalski
7.
Fire Lane Violations
City Manager recommending approval of an amendment to the Code of Ordinances to
better define fire lane locations and to increase the violation fine to $50.00.
ORDINANCE ¿?+" ~ c1 Ý Amending City of Dubuque Code of Ordinances
Section 32-269 Fire Lanes, authorizing the Fire Chief to designate fire lanes, prohibiting
obstruction of fire lanes, providing for signs and markings of fire lanes, and establishing
a penalty for violations thereof, amending City of Dubuque Code of Ordinances Section
32-279 Parking Violations by adding thereto Paragraph (9) Fire Lane Violation
Suggested Disposition: Receive and File; Motion B; Motion A
Ayes Nays
~ ;;,;)Nicholson
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Cline
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Local Non-Law Enforcement Criminal History Records
City Manager recommending approval of an amendment to the Code of Ordinances
Section 38-31 Services Charges by adding the requirement of a service charge of $10
for a non-law enforcement local criminal history record request.
ORDINANCE ¿:;?6 ~¿;J r Amending the City of Dubuque Code of
Ordinances Section 38-31 Service Charges by adding a service charge for a non-law
enforcement local criminal history record
Suggested Disposition: Receive and File; Motion B; Motion A
J;yes Nays
~ à\ Nicholson
"/ \) Buol
Cline
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~uggan
arkham
Michalski
9.
Certificate of Occupancy Standards
City Manager recommending approval of an amendment to the Code of Ordinances by
adding a requirement that structures may not be occupied until required site plan
improvements have been made.
ORDINANCE ;;?¿;;; /tfl Y Amending the City of Dubuque Code of Ordinances
Section 11-2 International Building Code by adding a new section requiring installation
and completion of site plan requirements prior to issuance of certificates of occupancy
Suggested Disposition: Receive and File; Motion B; Motion A
~yes Nays
:/ ~. icholson
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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
Pending Litigation and Property Acquisition - Chapter 21.5(1)(c)(j) 2003 Code of Iowa
Motion to go into closed session at
¿: Y:;ìJ
,};yes Nays
:;/ b) Nicholson
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Cline
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/ Duggan
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/ Michalski
Motion to adjourn at
9,'//
Ayes Nays
Æicholson
uol
Cline
G.a.. ~1'5
Duggan
Markham
Michalski
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