3 15 04 Skeleton Sheet
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CITY COUNCIL REGULAR SESSION, MARCH 15,2004
COUNCIL MET IN RE~LAR SESSION AT 6:30 P.M. IN THE LIBRARY ?DITORIUM
PRESENT: MA YORtSUGGAN, COUNCIL MEMBER/eUOL, C~E, CONNORS,
MARKH?M, MICI;fÁLSK~ NICH,ØLSON
CITY MANAGER V AN~ILLIGEN; CORPORA nON COUNSEiI'LiNDAHL
ABSENT:
Mayor Duggan read the call and stated this is ~eSSion of the City Council
called for the purpose of discussing such matters which may properly come before the
City Council.
INVOCA nON: Msgr. David Wheeler, St. Mary's Catholic Church
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CONSENT ITEMS
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/:Yi Nays
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/ Nicholson
Buol
II Cline
/ Connors
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/ Markham
1.
Minutes and Reports Submitted
City Council of 2/26; 3/1 and 3/3; Civil Service Commission of 1/23 and 2/11;
Environmental Stewardship Advisory Commission of 3/2; Historic Preservation
Commission of 2/24; Housing Commission of 1/27; Human Rights Commission of 2/9;
Zoning Board of Adjustment of 2/25
Proof of publication of City Council Proceedings for 2/16 and 2/19
Printed Council Proceedings for month of December, 2003
Finance Director submitting the City of Dubuque Financial Reports for the month ending
February 29, 2004
Library Board of Trustees Update from the meeting of February 26, 2004
Suggested Disposition: Receive and File; Approve as Printed
2.
Notice of Claims/Suits
Sarah J. Neis for vehicle damage; Mary Lou Ness vs. City of Dubuque, Iowa; St.
Columbkille Catholic Church for property damage
Suggested Disposition: Receive and File; Refer to Legal for InvestigationlReport
Corporation Counsel recommending settlement of the claim of St. Columbkille Catholic
Church for property damage and directing the Finance Department to issue payment.
Suggested Disposition: Receive and File; Concur; Finance Department to Issue
Payment
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3.
Citizen Communication
Communication from Connie Walsh, Administrative Director - Tri-State Pregnancy
Center, regarding a sewer lateral break under the street at their business and
requesting financial aid.
Communications from the City Manager in response to the above request from Connie
Walsh, Tri-8tate Pregnancy Center.
Suggested Disposition: Receive and File
4.
Iowa Department of Inspections and Appeals
City Manager recommending approval of an Interagency 28E Agreement between the
City of Dubuque and the Iowa Department of Inspections and Appeals for the
performance of investigations in the Section 8 rental assistance program.
Suggested Disposition: Receive and File; Approve
5.
Delbert Miller - Carter Road Detention Basin
Corporation Counsel advising that negotiations for property necessary for the
construction of the Carter Road Detention basin have not been successful and
recommending that the City commence with eminent domain proceedings.
Communication from Brian J. Kane, representing Del Miller, regarding the City's
proposed eminent domain proceedings for acquisition of the necessary property.
RESOLUTION ?? ~ ¿;l Ý Authorizing the acquisition by eminent domain of
certain real property owned by Delbert G. Miller in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
I Michalski
z)'Iicholson
Buol
Cline
Connors
Duggan
Markham
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6.
Larry Miller - Carter Road Detention Basin
Corporation Counsel advising that negotiations for an easement necessary for the
construction of the Carter Road Detention basin have not been successful and
recommending that the City commence with eminent domain proceedings.
Communication from Brian J. Kane, representing Larry Miller, regarding the City's
proposed eminent domain proceedings for acquisition of the necessary easement.
City Manager response to communication from Brian J. Kane.
RESOLUTION 9,?-¿;7,y' Authorizing the acquisition by eminent domain of
certain real property owned by Larry W. and Kathy F. Miller in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
7.
Miller-Riverview Park Management Agreement
City Manager recommending approval of a management agreement with Pat Felderman
for Miller-Riverview Parle
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Suggested Disposition: Receive and File; Approve
Civil Service Commission
Civil Service Commission submitting the certified list for the position of Solid Waste
Agency Administrator and Cashier.
Suggested Disposition: Receive and File; Make a Matter of Record
Ayes
Nays
Michalski
Nicholson
Buol
Cline
Connors
Duggan
Markham
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11.
John F. Kennedy Road Reconstruction - Final Assessments
City Manager recommending approval of the final assessment schedule for the John F.
Kennedy Road Reconstruction Project.
RESOLUTION Çl7' Cl ~ Adopting the final assessment schedule for the John F.
Kennedy Road reconstruction Project (Spring Valley Road to Barony Drive) 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
Establishment of Fair Market Value - Auto Glass Center
City Manager recommending approval of the establishment of the fair market value of
three properties currently owned by Elm Real Estate, LC (Auto Glass Center) that are
needed as right-of-way for the realignment of University Avenue.
RESOLUTION / ¿UJ - ¿:J c./ Establishing fair market value for the acquisition of
certain real property owned by Elm Real Estate, LC in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
Dubuque Industrial Center West - Chavenelle Drive Repair Work
City Manager recommending acceptance of the $8,400 settlement from McAninch
Corporation to pay part of the costs of the repairs needed to ChaveneUe Drive in
Dubuque Industrial Center West.
Suggested Disposition: Receive and File; Approve
Ayes
Nays
Michalski
Nicholson
Buol
Cline
Connors
Duggan
Markham
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Rehabilitation of 1195 Thomas Place
City Manager recommending approval of an agreement with Anna Kim, the new owner
of 1195 Thomas Place, extending the deadline to complete repairs required for
installation of City sanitary sewer to April 1, 2005, and putting the agreement in her
name.
Suggested Disposition: Receive and File; Approve
2004 - 2005 Deer Management Plan
City Manager recommending continuation of the Urban Deer Management Plan for the
2004 - 2005 season as was conducted this year, along with the changes in the any sex
tag incentive.
Suggested Disposition: Receive and File; Approve
Mercy Health Center Banners
City Manager recommending approval of a request from Mercy Health Center to install
banners on City right-of-way that commemorate 125 years of service to the community.
Suggested Disposition: Receive and File; Approve
Cedar Crest Subdivision - Preliminary Plat
Zoning Advisory Commission recommending approval of the preliminary plat of Cedar
Crest Subdivision located at 15547 Route 20 West in Dubuque County.
Suggested Disposition: Receive and File; Approve
Kopps John F. Kennedy Addition No.2 - Correction Plat
Zoning Advisory Commission recommending approval of the correction plat of Kopps
John F. Kennedy Addition No.2 as requested by Flint Drake/Kopp Family Investments,
loP.
RESOLUTION /¿7/~ ¿fI7!" Approving the final plat of Kopps John F. Kennedy
Addition No.2 in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
Ayes
Nays
Michalski
Nicholson
Buol
Cline
Connors
Duggan
Markham
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Land and Water Conservation Fund (LWCF) Grant
City Manager recommending approval of a grant application to the Iowa Department of
Natural Resources for a Land and Water Conservation Fund (LWCF) grant in the
amount of $125,000 for construction of Pyatigorsk Park.
RESOLUTION / ¿;7 ¿? - ð z/ Authorizing a grant application to the Iowa Department
of Natural Resources for Federal Land and Water Conservation Funds for the
development of Pyatigorsk Park
Suggested Disposition: Receive and File; Adopt Resolution
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Demolition Request
Historic Preservation Commission recommending approval of a request to demolish a
structure at 300 Iowa Street (former United Rental Building) at the request of the City of
Dubuque.
Suggested Disposition: Receive and File; Approve
First Amendment - Southwest Arterial Design Agreement
City Manager recommending approval of the First Amendment to the agreement
between the City of Dubuque, Dubuque County and the Iowa Department of
Transportation for the completion of an addendum to the 1999 Southwest Arterial
Environmental Assessment and approval of an additional payment of $73,540 for a total
contract amount of $667,530.
RESOLUTION / ó:3 ~ éJ ~ Approving First Amendment to an agreement between
the City of Dubuque, Dubuque County, and the Iowa Department of Transportation for
the completion of the addendum for the 1999 Southwest Arterial Environmental
Assessment
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Suggested Disposition: ~eceive aj File; Adopt Resolution
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Historic Preservation Grant and Staffing Recommendation
City Manager recommending acceptance of a Certified Local Government (CLG) Grant
Agreement with the State Historical Society of Iowa to conduct Phase V of the
architecturallhistoric survey of the community and authorizing the hiring of ECIA to
provide GIS support.
RESOLUTION /¿:J</~tJ / Approving a Certified Local Government (CLG) Grant
Agreement to conduct an architectural/historic survey
Suggested Disposition: Receive and File; Adopt Resolution
Deed of Gift of Artwork for Grand River Center
City Manager recommending acceptance of a Deed of Gift recognizing the donation of
artwork by Kay Norman and the conditions on the gift.
Suggested Disposition: Receive and File; Approve
Application for Homeownership Assistance Funds
City Manager recommending approval of the City's sponsorship of an application to the
Federal Home Loan bank (FHLB) for Affordable Housing Program funds to assist
income-qualifying families to purchase a home.
RESOLUTION /¿J5~ tJ Ý Authorizing sponsorship of an application to the
Federal Home Loan Bank of Des Moines for Affordable Housing Program funds
Suggested Disposition: Receive and File; Adopt Resolution
Ayes
Nays
Michalski
Nicholson
Buol
Cline
Connors
Duggan
Markham
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Fringe Area Policy Agreement
Communication to the Dubuque County Board of Supervisors regarding the adoption of
the Fringe Area Policy Agreement.
Suggested Disposition: Receive and File
Lead Hazard Reduction Program Contract
City Manager recommending approval of an amended contract with the US Department
of Housing and Urban Development (HUD) for administration of the Lead Hazard
Reduction Program.
Suggested Disposition: Receive and File; Approve
Business Ucenses
RESOLUTION /ú'6 ~tJ 1/ Granting the issuance of a Class "C" BeerlLiquor License
to Ground Round, Bunker Hill Golf Course, Yardarm Restaurant, and Days Inn
RESOLUTION /t::J;7 -(J c/ Granting the issuance of a Class "B" Beer (6 Month
License) to Baseball Dreamers
Suggested Disposition: Adopt Resolutions
Ayes
Nays
Michalski
Nicholson
Buol
Cline
Connors
Duggan
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ITEMS TO BE SET FOR PUBLIC HEARING
1. Utility Franchise Agreement with Maquoketa Valley Electric Cooperative - April 5,
2004
2. Amendment to Utility Franchise Agreements with Aquila and Alliant Energy - April
5,2004
3.
Loras Boulevard Historic Lighting - Initiate - April 5, 2004
4. Westbrook Subdivision Water Main and Service Line Extension Project - Phase I
-April~ 2004
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Ayes Nays
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1.
Utility Franchise Agreement with Maquoketa Valley Electric Cooperative
City Manager recommending that a public hearing be set for April 5, 2004 to consider a
Utility Franchise Agreement with Maquoketa Valley Electric Cooperative to be effective
May 1, 2004.
RESOLUTION / ð ? - ¿J r Setting the date for the public hearing on the Utility
Franchise Agreement with Maquoketa Valley Electric Cooperative
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
415104
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2.
Amendment to Utility Franchise Agreements with Aquila and Alliant Energy
City Manager recommending that a public hearing be set for April 5, 2004 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.
RESOLUTION ,/ ¿J 9' ,¿J 2;/ Setting the date for the public hearing on an
amendment to the franchise agreement between the City of Dubuque, Iowa and Aquila
RESOLUTION .I / ¿l- ¿J z/ Setting the date for the public hearing on an
amendment to the franchise agreement between the City of Dubuque, Iowa and Alliant
Energy
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
415104
3.
Loras Boulevard Historic Lighting - Initiate
City Manager recommending initiation of the public bidding process for the Loras
Boulevard Historic Lighting Project and that a public hearing be set for April 5, 2004.
RESOLUTION II / ~ ¿J ;/
RESOLUTION
RESOLUTION
Preliminary approval of plans and specifications
1'/ ? - {} -;/ Setting date of hearing on plans and specificationS
/,/:3 ~ t1 c/ Ordering bids
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
415104
4.
Westbrook Subdivision Water Main and Service Line Extension Project - Phase I
City Manager recommending initiation of the public bidding process for the Westbrook
Subdivision Water Main and Service Line Extension Project and that a public hearing be
set for April 19, 2004.
RESOLUTION ,/ / q:, t1 <;/ Preliminary approval of plans and specifications
RESOLUTION /",/ 5" ~ ¿J ý'
RESOLUTION /,/ ¿;;,- (J ~ Ordering bids
Setting date of hearing on plans and specifications
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
4119/04
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BOARDS/COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following
Boards/Commissions:
Environmental Stewardship Advisory Commission (One 3-Year Unexpired Term
Through 10/1/05)
Applicant: Sr. Mary Clare O'Toole
Zoning Board of Adjustment (One 5-Year Term Through 3/25/09 - Term of Gasper)
Applicant: William M. Gasper
Appointments to the following Boards/Commissions:
Community Development Advisory Commission (One 3-Year Term Through 2/15/07 from
LowlModerate Income Area):
Applicant: Michael Gukeisen
Aye~ Nays
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Duggan
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Housing Code Appeals Board (One Unexpired 3-Year Term Through 1/11/06)
Applicant: Thomas G. Swift
AvÐf'"¡\ Nays
~..lY Michalski
/: Nicholson
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l7Duggan
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PUBLIC HEARINGS
SUSPEND THE RULES
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1.
Buesing & Associates, Inc.mm Quagliano - Request to Rezone
Proof of publication on notice of hearing to rezone property at the northeast comer of
Asbury Road and the Northwest Arterial from AG Agricultural District to C-3 General
Commercial District and Zoning Advisory Commission recommending approval.
ORDINANCE I q'- ¿:J z/ Amending Appendix A (the Zoning Ordinance) by
reclassifying property located at the northeast comer of Asbury Road and the NOrhW t
Arterial from AG Agricultural District to C-3 General Commercial District .
Suggested DiSPOSiti.' M :;1. ": and FIle. ; _on B; Motion A . .J. At . J)
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9' ,v, \~. ~ J ('.)NiChOlson. ~. .. /l J .
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't ~ g~~~ors $ cÌ . 'I (
If.~~ /~m ~ 11ft¡
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2.
South Grandview Avenue - Request to Vacate
Proof of publication on notice of hearing to consider a request from six property owners
for the vacating of the northerly portion of an alley west of South Grandview Avenue
between Altman Street and Whelan Street and City Manager recommending approval.
RESOLUTION / /-:7 ~ tl ¥ Approving plats of the northerly portion of proposed
vacated alley west of South Grandview Avenue between Altman Street (alkla St.
Joseph Street) and Whelan Street
ORDINANCE /5- cJ ¥ Vacating the northerly portion of the alley west of
South Grandview Avenue between Altman Street (alk/a St. Joseph Street) and Whelan
Street
RESOLUTION ,I / ~-t9 Ý Disposing of City interest in Lots SA, 9A, 10A, 17A
and 20A of Grand View Place and Lot 1A of South Grandview Place, Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolutions; Motion B; Motion A
Ayes Nays
4 Michalski
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,/v ". Duggan
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3.
Seward Street - Request to Vacate
Proof of publication on notice of hearing to consider a request from Gerald and Christine
Penhollow to vacate Sac Street and two alleys north of Seward Street in C.H. Meyer's
Addition and City Manager recommending approval.
RESOLUTION / / i?' CJ:/" Approving plat of proposed vacated Sac Street and two
alleys north of Seward Street in C.H. Meyer's Addition
ORDINANCE ,/ b ~ tJ z/' Vacating Sac Street and two alleys north of Seward
Street in C.H. Meyer's Addition
RESOLUTION I;?O' tJ r' Disposing of City interest in Lot 13A, Lot 16A, and Lot
;20A in C.H. Meyer's Addition, Dubuque, Iowa ~
Suggested Disposition: Receive and File; Adopt Resolution ) ~ð'v jJ
ftyes Nays
-;:/:. - Michalski
~ r"\ Nicholson
/ / \!J Buol
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'~' Connors
/ , t?!) Duggan
l:J Markham
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4.
Utility Easement - Carter Road Detention Basin
Proof of publication on notice of hearing to consider the vacating of a utility easement in
the area of the embankment for the Carter Road detention facility to ensure the
structural integrity of the embankment.
RESOLUTION / ¿?-/ ~ tJ L/ Disposing of interest and vacate a utility easement over
Lot 2 of Whites Place in the City of Dubuque, Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
~yes Nays
/;.. @)MiChalski
/: Nicholson
/ Buol
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. Duggan
/ Markham
REINSTATE THE RULES
Ayes Nays
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ACTION ITEMS
Boulder Slide of Eagle Point Bluff
Communication from Carol Sula and Charles Winterwood, M.D., requesting that the City
Council direct the City Manager and staff to investigate the latest boulder slide at ~gle
~~ t)
Suggested Disposition: Receive and File; Council {': l. .~./'i
Ayes Nays /LQi W çï
M~chalski /1' 1/D1 ¡uP . .
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2.
Presentation of Addy Award
City Manager advising that the logo design for the Grand River Center, created by
McCullough Creative Group and the City's Logo Design Committee, recently took first
place in the Elements of Advertising/Logo category of the local American Advertising
Federation competition, commonly known as the Addy Awards and the Logo Design
Committee to present the Addy Award to the City of Dubuque.
Suggested Disposition: Receive and File
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.yes Nays
+'i ~ Michalski
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3.
East 9th and East 11th Street Connector
Zoning Advisory Commission recommending approval of the renaming of the connector
between East 9th and East 11th Streets to Elm Street as requested by the City of
Dubuque.
ORDINANCE /? - C9 Ý Naming a roadway designated as West 911
Connector from East 9th Street to East 11th Street to Elm Street
Suggested Disposition: Receive and File; Motion B; Motion A
/,Ayes Nays
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Duggan
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PULLED FROM AGENDA
Warehouse Demolition District
Historic Preservation Commission recommending approval of the establishment of a
Warehouse Neighborhood Demolition District.
4.
ORDINANCE Amending Chapter 11 (Building Regulations) of the City of Dubuque
Code of Ordinances by amending Section 11-4(a) by creating the Warehouse
Neighborhood Demolition District
Suggested Disposition: Receive and File; Motion B; Motion A
Alexander Company - Draft Agreement
City Manager recommending approval of a one-year lease agreement with Alexander
Company for development of the former Dubuque Star Brewery Building.
RESOLUTION /-PP~¿J ~ Approving a lease agreement and loan agreement for
the former Star Brewery between the City of Dubuque, Iowa and Historic Star
Redevelopment LLC
Suggested Disposition: Receive and File; Adopt Resolution
5.
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Miller & Van Eaton and CBG Communications - Cable Franchise Renewal . I
City Manager recommending that the City execute letters of engagement with the Miller
& Van Eaton law firm and CBG Communications, Inc. to expand the scope of their
services with regard to the cable franchise renewal process.
Suggested Disposition: Receive and File; Approve
Ayes Nays
// Michalski
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7.
Cable Franchise Fee Payment Analysis
City Manager recommending approval of a contract with Lewis & Associates of
Hollywood, Florida, to conduct an analysis of Mediacom's franchise fee payments to the
City of Dubuque for calendar years 2002 and 2003.
Suggested Disposition: Receive and File; Approve
~yes Nays
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Fremont Avenue Reconstruction
City Manager recommending award of the contract for the Fremont Avenue
Reconstruction Project to WC Stewart Construction Co., in the amount of $739,421.63.
RESOLUTION /?:3 ~ ¿? 4' Awarding contract to WC Stewart Construction Co.
Sugge$ted Disposition: Receive and File; Adopt Resolution
AY~ Nays
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9.
Fiscal Year 2005 Budget - Fee Ordinances
City Manager recommending adoption of two ordinances that were inadvertently left off
of the agenda for the Fiscal Year 2005 Budget public hearing.
ORDINANCE / g - tJ y' Amending the City of Dubuque Code of Ordinances
Section 44-202 Fire Sprinkler Service
ORDINANCE /7' ~ {J ~ Amending Section 32-337 of the City of Dubuque Code of
Ordinances Parking Meters Fee Schedule
Suggested Disposition: Receive and File; Motion B; Motion A
Ayes Nays
// Michalski
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Ú~I"'nonnors
//.. Duggan
Markham
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COUNCIL MEMBER REPORTS ~~~' i. ~ nß 1fl
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PUBLIC INPUT ~Yp [ì>
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 - Chapter 21.5(1)(c) 2003 Code of Iowa
Motion to go into Closed Session at 'J .' ;j /
!:yes Nays
;/ ~. Michalski
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Markham
Motion to adjoum at
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Aye~ Nays
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ID icholson
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Cline
Connors
Duggan
Markham
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