4 19 04 Skeleton Sheet
CITY COUNCIL SPECIAL SESSION, APRIL 19 2004
. COUNCIL MET IN S.PE)'AL SESSION AT 5;~r.M. IN ",e LlB~Y AUDJTORIUM
PRESt:~T: MAYOR ÐÚGGAN, C9UNCIL MEMBERS.áUOL, c..IHe, CO~ORS,
MAR'5"'AM, MICijÁLSKI, NICH91S0N /
CITY MANAGER VAN MILL"~N; CORPORATION COUNSE¿'NDAHL
ABSENT:
Mayor Duggan read the call and stated this is a special session of the City Council
called for the purpose of discussing the privatization of the Five Flags Center.
Motion to adjourn at
(þ :31
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AyJlS Nays
,// Nicholson
// Buol
:! Cline
// aConnors
/L7 Duggan
.' Markham
/() Michalski
Ayes
Nays
Nicholson
Buol
Cline
Connors
Duggan
Markham
Michalski
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. CITY COUNCIL REGULAR SESSION, APRIL 19, 2004
COUNCIL M. ET IN REGU~R SESSION AT 6:30 P.M. IN THE LIBRARY AIJDITORIUM
PRESE~l=. MAYOR DU~AN! ~OUNCIL MEMBERS sGOL, C.!.N. E, CO'NORS,
MARKIp\M, MICt;MLSKI, NIC}'tOLSON
CITY MANAGER V AN M~IGEN; CORPORATION COUNSEyt;NDAHL
ABSENT:
Mayor Duggan read the call and stated this is~ I session of the City Council
called for the purpose of discussing such m~:e~ch may properly come before the
City Council.
INVOCATION: Reverend John Sorenson, Pastor of Lord of Life Lutheran Church
PRESeNTATION: Presentation of the "Seven Seals Award" to the City ,of DUbUqUe~ l) ~
. -- OW Em- So.pM of Guam .;~ ~ I)'
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CONSENT ITEMS
~ Nays
/.. @Nicholson
'/ ¡ uol
/ 'I Cline
Connors
//. í@:'.DUggan
/ arkham
Michalski
¡ ,~O
if'
1.
Minutes and Reports Submitted
City Council of 4/5; Community Development Advisory Commission of 3/10; Historic
Preservation Commission of 3/18; Housing Commission Trust Fund of 3/11 and 3/26;
Park and Recreation Commission of 3/9; Zoning Board of Adjustment of 3/25;
library Board of Trustees Update from Meeting of March 25, 2004
Proof of publication of list of Claims and Summary of Revenue for the month ending
February 28, 2004
Ken TeKippe, Finance Director, submitting the City of Dubuque Financial Reports for
the month ending March 31, 2004
Suggested Disposition: Receive and File
2.
Notice of Claims/Suits
Sharon Krohn for property damage; Joanne E. Temperly for personal injury
Suggested Disposition: Receive and File; Refer to Legal for InvestigationlReport
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:
Joanne Temperly for personal injury.
Corporation Counsel recommending settlement of the claim of Sharon Krohn and that
Finance Department issue payment.
Suggested Disposition: Receive and File; Concur; Finance Department to Issue
Payment
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3.
Request to Purchase City Property
Communication from Randy Davis, 825 Salem Street, and Ron, Margaret and Ben
Mueller, 855 Salem Street, to purchase of a portion of a City-owned alley abutting their
property.
Suggested Disposition: Receive and File; Refer to City Manager
4.
Federal COPS Grant Opportunity
City Manager recommending approval for the Police Department to participate with the
Governor's Office of Drug Control Policy regarding establishment of an eighteen county
Methamphetamine Clandestine Laboratory Drug Task Force and the addition of one full-
time Police Officer through the grant program.
Suggested Disposition: Receive and File; Approve
5.
Five Flags Theater - Paint Exterior Façade Project
City Manager recommending acceptance of the Five Flags Theater - Paint Exterior
Façade Project as completed by Jackson Tuckpointing Company, Inc, in the final
contract amount of $38,300.
RESOLUTION ,/ '/ t1 - ¡;í ~ Accepting improvement
ReSOLUTION / -¥ / - tl tj/ Approving final estimate
Suggested Disposition: Receive and File; Adopt Resolutions
Ayes
Nays
Nicholson
I Buol
Cline
Connors
Duggan
~ Markham
Michalski
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6.
Northeast Iowa School of Music for Uptown Recreation Programs - Fiscal Year
2005 Agreement
City Manager recommending approval of the grant agreement with the Northeast Iowa
School of Music to provide music lessons in Fiscal Year 2005 as part of the Uptown
Recreation Program.
Suggested Disposition: Receive and File; Approve
7.
ISU Extension Services for Uptown Recreation Programs - Fiscal Year 2005
Agreement
City Manager recommending approval of a grant agreement with the ISU Extension
Services to provide summer programs in Fiscal Year 2005 as part ofthe Uptown
Recreation Program.
Suggested Disposition: Receive and File; Approve
8.
Dubuque Museum of Art for Uptown Recreation Programs - Fiscal Year 2005
Agreement
City Manager recommending approval of the grant agreement with the Dubuque
Museum of Art to provide summer art programs in Fiscal Year 2005 as part of the
Uptown Recreation Program.
Suggested Disposition: Receive and File; Approve
9.
Four Mounds Foundation for Summer Day Camp Program - Fiscal Year 2004
Agreement
City Manager recommending approval of the grant agreement with the Four Mounds
Foundation to provide the summer day camp program in Fiscal Year 2005 as part of the
Uptown Recreation Program.
Suggested Disposition: Receive and File; Approve
Ayes
Nays
Nicholson
Buol
Cline
Connors
Duggan
Markham
Michalski
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12.
Grand River Center Bid Package #2 Project
City Manager recommending acceptance of the Grand River Center Bid Package #2
Project as completed by Canam Steel Corporation in the final contract amount of
$411,323.
RESOLUTION /-Yjl-tJo/ Accepting improvement
RESOLUTION / ~:3 -cJ ý' Approving final contract
Suggested Disposition: Receive and File; Adopt Resolutions
Bonson Road Watermain .
City Manager recommending acceptance of the Bonson Road Watermain Project as
completed by McDermott Excavating in the final contract amount of $21 ,429.95.
RESOLUTION / -:1' <'¡('- c:7 ~ Accepting improvement
RESOLUTION / .y ð- cJ ij' Approving final estimate
Suggested Disposition: Receive and File; Adopt Resolutions
Napier Street Storm and Sanitary Sewer Extension Project
City Manager recommending acceptance of the Napier Street Storm and Sanitary
Sewer Extension Project as completed by Fondell Excavating of Dubuque, Iowa, in the
final contract amount of $100,631.22.
RESOLUTION /..y¿. - {7.c/ Accepting improvement
RESOLUTION / L/ 7 - ¿:;1 r' Approving final estimate
Suggested Disposition: Receive and File; Adopt Resolutions
Ayes
Nays
Nicholson
Buol
Cline
Connors
Duggan
Markham
Michalski
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Southwest Arterial - Request for Proposals
City Manager recommending approval of a Request for Proposal for the preliminary
highway design - major facilities of IA 32 (Southwest Arterial).
Suggested Disposition: Receive and File; Approve
Cable TV Regulatory and Teleprogramming Commissions
Communication from Merrill Crawford, Cable Franchise Administrator, advising of the
resignation of Kevin Nekvinda from the Cable TV Regulatory Commission and Dan
Wilwant from the Cable Community Teleprogramming Commission.
Suggested Disposition: Receive and File
Legislative Correspondence
City Manager correspondence to Senators Chuck Grassley and Tom Harkin urging their
continued support of funding for Iowa Highway 32 (Southwest Arterial).
City Manager correspondence to State Representatives requesting their support of HSB
728 which implements a moratorium on the reclassification of certain apartment facilities
from commercial to residential.
City Manager correspondence to area legislators requesting their support of an
amendment to Senate Study Bill 3169 which changes the qualifying date to a two-year
date prior to project completion for qualifying for State historic tax credits.
City Manager correspondence to area legislators requesting their opposition to S 5150,
an amendment to House File 686, regarding Tax Increment Financing.
Suggested Disposition: Receive and File; Approve
Code of Ordinance Supplement No. 61
City Manager recommending adoption of Supplement No. 61 to the City of Dubuque
Code of Ordinances.
RESOLUTION I L/!?- cJ.¡' Adopting Supplement No. 61 to the City of Dubuque
Code of Ordinances
Suggested Disposition: Receive and File; Adopt Resolution
Ayes
Nays
Nicholson
Buol
Cline
Connors
Duggan
Markham
Michalski
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Notice of Intent to Request Release of Funds - Fiscal Year 2005 CDBG Programs
City Manager recommending approval of the publication of a Notice of Intent to Request
Release of Funds for Community Development Block Grant (CDBG) program activities.
RESOLUTION / "/ i' - tJ .y' Authorizing publication of a Notice of Intent to request
release of funds for certain Community Development Block Grant Projects for Fiscal
Year 2005 (Program Year 2004)
Suggested Disposition: Receive and File; Adopt Resolution
Dubuque Water Ski Club Lease
City Manager recommending approval of a lease with the Dubuque Water Ski Club for
approximately five acres of Schmitt Island.
Suggested Disposition: Receive and File; Approve
Sully Transport Lease Agreement
City Manager recommending approval of entering into a month-to-month lease
agreement with Sully Transport, Inc. for a portion of a City-owned parking lot on 16th
and Sycamore Streets.
Suggested Disposition: Receive and File; Approve
Letter of Appreciation
Communication from WIlliam C. Fuerste, 1360 South Grandview Avenue, expressing
appreciation to City of Dubuque employees for their assistance.
Suggested Disposition: Receive and File
Ayes
Nays
Nicholson
Buol
Clin~
Connors
Duggan
Markham
Michalski
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21.
Business Licenses
RESOLUTION /5¿1- tJ </ Granting the issuance of one new permit to sell
cigarettes and cigarette papers in the City of Dubuque
RESOLUTION / .5/ J {J <¡' Granting the issuance of a Class "c" Beer Permit to
Kwik Stop C Store, Paro Food Mart, Tobacco Outlet, 16th Street AutolTruck Plaza,
McCann's Service, Oky Doky #2 and Oky Doky #1; and Class "B" Beer (5 Day Special
Event) to Catfish Festival, DubuqueFest, Music N More - Tents A, Band C
RESOLUTION /5é? ¿CJ z/ Granting the issuance of a Class "A" Liquor License
to Dubuque Moose Lodge; Class "c" Beer/Liquor License to Bodine's, Stonewall
Lounge/Bricktown, Special Class "c" (BW) Liquor (5-Day Special Event) license to
Dubuque Arts Council; and Special Class "C" (BW) Liquor License to Oky Doky #1 and
Mississippi Mug
Suggested Disposition: Adopt Resolutions
Ayes Nays
,/- Nicholson
/ Buol
~ Qgline
/ !&";.onnors
1 Duggan
I / Markham
/ t)Michalski
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ITEMS TO BE SET FOR PUBLIC HEARING
Lease Agreement with Hoffmann Schneider Funeral Home - May 3, 2004
Right-of-Way Easement - May 3, 2004
Fiscal Year 2004 Budget Amendment - May 3, 2004
2004 Curb Ramp Installation - CDBG Project No.1 - May 3, 2004
Samuel Street Repair Project- May 17, 2004
26th Street Storm Sewer Extension Project - May 17, 2004
2004 Asphalt Paving Program - May 17, 2004
Police Department Remodeling Project - June 7, 2004
Ayes Nays
.¡; Nicholson
~ r"BUOI
~ élCline
/: Connors
/;d.uggan
/ ~.~arkham
/ L Michalski
Lease Agreement with Hoffmann Schneider Funeral Home
City Manager recommending that a public hearing be set for May 3, 2004 to consider a
lease agreement with Hoffmann Schneider Funeral Home for a section of Jackson Park.
Suggested Disposition: Receive and File; Public Hearing 5/3/04
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2.
Right-of-Way Easement
City Manager recommending that a public hearing be set for May 3, 2004 to consider
vacating a 10-foot wide right-of-way easement in the City of Dubuque, Iowa, in
accordance with an agreement adopted by City Council on February 16, 2004 with
Kivlahan Farms, LLC.
RESOLUTION /5,3- & z/ Of intent to dispose of interest and vacate a right-of-
way easement over Lot N Arbor Estates, being a part of the SE % of the SE % of
Section 9, T89N, R2E, 5th P.M. in the City of Dubuque, Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
5/3/04
3.
Fiscal Year 2004 Budget Amendment
City Manager recommending that a public hearing be set for May 3, 2004 to consider
the fourth amendment to the Fiscal Year 2004 budget.
RESOLUTION /,5 L/ - 0 ~ Directing the City Clerk to publish proposed
amendment to the Fiscal Year 2004 Budget and date of public hearing
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
5/3104
Ayes
Nays
Nicholson
Buol
I Cline
Connors
Duggan
cß Markham
Michalski
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4.
2004 Curb Ramp Installation - CDBG Project No.1
City Manager recommending initiation of the public bidding process for the 2004 Curb
Ramp Installation - CDBG Project No.1 and that a public hearing be set for May 3,
2004.
ReSOLUTION
RESOLUTION
/5.5"-t:lo/'
/5¿;/ð~/
/5/-0/
RESOLUTION
Preliminary approval of plans and specifications
Setting date of hearing on plans and specifications
Ordering bids
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
5/3/04
5.
Samuel Street Repair Project
City Manager recommending initiation of the public bidding process for the Samuel
Street Repair Project and that a public hearing be set for May 17, 2004.
RESOLUTION /5Y-o C-/j Preliminary approval of plans and specifications
RESOLUTION /.5 9 J 0:/
RESOLUTION / ¿, ¿J. 0 Ý Ordering bids
Setting date of hearing on plans and specifications
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
5/17/04
Ayes
Nays
Nicholson
Buol
I Cline
Connors
Duggan
2. Markham
Michalski
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26th Street Storm Sewer Extension Project
City Manager recommending initiation of the public bidding process for the 26th Street
Storm Sewer Extension Project and that a public hearing be set for May 17, 2004.
6.
RESOLUTION
RESOLUTION
RESOLUTION
/c:,/-oy'
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Preliminary approval of plans and specifications
Setting date of hearing on plans and specifications
Ordering bids
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
5/17/04
7.
2004 Asphalt Paving Program
City Manager recommending initiation of the public bidding process for the 2004 Asphalt
Paving Program and that a public hearing be set for May 17, 2004.
RESOLUTION / ç; ~ cJ Ý Preliminary approval of plans and specifications
RESOLUTION /¿;,,5" &V Setting date of hearing on plans and specifications
RESOLUTION / r;;:,6 - ó <;/ Ordering bids
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
5/17/04
Ayes Nays
Nicholson
Buol
Cline
Connors
Duggan
Markham
Michalski
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8.
Police Department Remodeling Project
City Manager recommending initiation of the Police Department Remodeling Project
and that a public hearing be set for June 7, 2004.
RESOLUTION /.?? - o-c/
RESOLUTION / {/ ff - é V
RESOLUTION /¿,? - C7<;/
Preliminary approval of plans and specifications
Setting date of hearing on plans and specifications
Ordering bids
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
617104
Ayes
Nays
Nicholson
Buol
Cline
Connors
Duggan
Markham
Michalski
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BOARDS/COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following
Commission:
Civil Service Commission (One 4-Year Term to Expire 4/6/08 - Term of Wertzberger)
Applicanfs: D~dell, Dick Wertzberger
Appointment to t~foll~Wing Commission:
TV Cable Community Teleprogramming Commission: Two 3-Year Unexpired Terms
Through 6/30/06)
Applicant: Marie Araeipour
AyJIS Nays
v/ Nicholson
~ Buol
/: Cline
. / @connors
// Duggan
Markham
/ @MichalSki
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PUBLIC HEARINGS
SUSPEND THE RULES
"es Nays
/ Nicholson
, Buol
/ /nEline
// ~onnors
Duggan
/ Markham
/ {)Michalski
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Greater Downtown Urban Renewal District
Proof of publication on notice of hearing to consider the creation of an Urban Renewal
Plan for the Greater Downtown Urban Renewal District that combines two existing
urban renewal districts and City Manager recommending approval. .,.,~'
RESOLUTION /?¿:7 - do/Approving the Urban Renewal Plan for the Greater /
Downtown Urban Renewal District
SUgges... DIs......., ReceIVe and Fna; Adopt Reaol"~ , d
.j;;¡"A I J /
Ayes Nays. d)P fYA.~)~' ./,!f;
'/ Nicholson ~/ rJ1 [) (}!" J .~
/ ~~uol .. ¡;
~line
~ Connors tJíI - ?
/O~~:~:m yY P nJ,
./ M~h.~ ~ 71~'
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Grandview United Methodist Church
Proof of publication on notice of hearing to consider a request to rezone property
located at 419, 439, and 485 North Grandview Avenue from R-1 Single-Family
Residential District to OC Office Commercial District at the request of Grandview United
Methodist Church and Ambrose and LaVeme Klein and Zoning Advisory Commission
recommending approval.
ORDINANCE ¿;2?~c;J r Amending Appendix A (the Zoning Ordinance) ofthe
City of Dubuque Code of Ordinances by reclassifying hereinafter described property ^ )
located at 419,439 and 485 North Grandview Avenue from R-1 Single-Family I~
Residential District to OC, Offiœ Com_, Oom" """ ron"""" dII' ,J, I
-"" _Won; 7No and :: Motion ~~_n A $(; !7 ~
j~' ~ ~ Nicholson f) ,rIp,
Vir ù A~ ;. f1~G f}
~no.. I I~ ~l1wf ,j
Duggan I ~ J I X~ }fI
:C:~~I ~~ It, >
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Westbrook Subdivision Water Main Extension Project
Proof of publication on notice of hearing to consider adoption of the plans and
specifications for the Westbrook Subdivision Water Main Extension Project and award
of the contract to Callahan Construction and City Manager recommending approval.
RESOLUTION /? / - oc/ Adopting plans and specifications
RESOLUTION //d~c:J ~ Awarding contract
Suggested Disposition: Receive and File; Adopt Resolutions
Ayes Nays
v / Nicholson
.,// Buol
;/, (~Çline
. / 'eE°nnors
/ / Duggan
/ Markham
/ Michalski
REINSTATE THE RULES
Ayes Nays
V/ @1Nicholson
/,/ I Buol
- / line
./ /' Connors
// Duggan
/ Markham
Michalski
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ACTION ITEMS
1.
1 ,,¡gJ
Convention and Visitors Bureau - Quarterly Report
Sue Czeshinski, Dubuque Area Chamber of Commerce Convention and Visitors
Bureau, to present quarterly report.
Suggested Disposition: Receive and File
Arbor Estates - Final Plat
City Manager recommending approval of the final plat of the second phase of Arbor
Estates.
RESOLUTION ~ X Adopting final plat of Lots 12 thru 19, inclusive, of
Block 5, Lots 1 thru 10, inclusive of Block 6, Lots 3 thru 5, inclusive, Block 7, Lot 1 of
Block 8, Lot 1 of Block 9, and Lots H thru N, inclusive, all of Arbor Estates in the City of
Dubuque, Iowa I: YO
~I) ~
rtf
t/Ò
JYes Nays
- / f.) Nicholson
./ / l!J Buol
// Cline
/ / Connors
"/ Duggan
/ ?Ø)VIarkham
r Michalski
2.
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
::;:; Nicholson
/ é!UOI
line
// Connors
/:=:m
/ é!Michalski
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3.
Lower Main LLC Tax Increment Financing Agreement
City Manager recommending approval of a Development Agreement between the City
of Dubuque and Lower Main Development, L.L.C., the developer of the former Weber
Paper Company building at 137 Main Street and two adjacent parking lots, and
authorization of tax increment financing of $150,000.
RESOLUTION /7 ? - tJ ~ Authorizing the execution of a Development
Agreement with Lower Main Development, L.L.C.
Suggested Disposition: Receive and File; Adopt Resolution
~s Nays
/' Nicholson
/ ~BUOI
/ / line
/ onnors
Duggan
//' Markham
Michalski
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4.
Library Ordinance Amendment
City Manager recommending approval of an amendment to the Library ordinance
allowing the Library Director to handle personnel matters for librarian assistants or
employees.
ORDINANCE .c:?ff~ tJ ;/ Amending Section 3D-54(a)(4) of the City of Dubuque
Code of Ordinances providing for the removal of the Librarian by the Library Board of
Trustees
Suggested Disposition: Receive and File; Motion B; Motion A
~ Nays
~ / (!) Nicholson
//, I Buol
Cline
// Connors
/ Duggan
¡;:;¡~arkham
/ (3'Michalski
5.
Extension of Benefifs for Voluntary Annexation
City Manager recommending approval of the extension of all benefits of the annexation
agreement to all property owners, including the non-consenting property owners, in the
annexation area.
RESOLUTION /7 ¿/~ 0 ~ Extending all benefits for annexation of territory on
the west side of Dubuque to all property owners, including non-consenting property
owners
Suggested Disposition: Receive and File; Adopt Resolution
A)Jes Nays
:;/; Nicholson
/ Buol
'/ @Cline
Connors
/ / Duggan
/ / ~rkham
I BMichalski
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6.
Illicit Connections/Discharges to Drainage Systems
City Manager recommending approval of an amendment to the Code of Ordinances
prohibiting non-stormwater related discharges into the City's system and the prohibition
of geothermal pump-and-dump heating and cooling systems without the written consent
of the City Manager.
ORDINANCE ¿;JTf'-t1 ¥ Amending Chapter 44 of the City of Dubuque Code of
Ordinances by adding a new Article VI. Illicit Connections and Discharges to the
Stormwater Drainage System
Suggested Disposition: Receive and File; Motion B; Motion A
Ayes Nays
:?' I.) Nicholson
/: V Buol
',/ Cline
,/,/ ~onnors
'/" Duggan
/ Markham
Michalski
7.
Burning of Material for Land Clearing and Agricultural Land
City Manager recommending approval of permits that would provide for the open
buming of land clearance materials and open burning on a property that is zoned
agricultural two times during the year (spring and fall).
ORDINANCE ß¿J - ¿::; ;;/' Amending Section 19-34 Permits Required of the City
of Dubuque Code of Ordinances by adding thereto new Subparagraph (d) Requiring a
Permit for Open Buming of Land Clearance Materials and new Subparagraph (e)
Requiring a Permit for Open Buming on Agricultural Property
Suggested Disposition: Receive and File; Motion B; Motion A
AytJS Nays
~{í)Nicholson
/' ,I Buol
//' ;;;:;¡£line
~onnors
'/ Duggan
// Markham
Michalski
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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
concern to that person and which are not an agenda item. Please take your place at the
microphone and state your name and address clearly. Proceed with your comments; however,
no formal action may be taken at this time on your comments because of the notice
requirements of the Iowa Open Meetings Law.
CLOSED SESSION
Properly "",,""moo - Chaple, 21,5(1)(j) 2003 COd. oflowa / r
, ~ Mdtl1,Ò
Motion to go into closed session at 7 J 3 / ) U .
Motion to adjoum at
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