6 21 04 Agenda with icons
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
6:30 P.M.
LIBRARY AUDITORIUM
MONDAY, JUNE 21, 2004
INVOCATION
Pastor Steve Meysing, St. John's Lutheran Church
CONSENT ITEMS
The consent agenda items are considered to be routine and non-controversial and all consent
items will be normally voted upon in a single motion without any separate discussion on a
particular item. If you would like to discuss one of the Consent Items, please go to the
microphone and be recognized by the Mayor and state the item you would like removed from
the Consent Agenda for separate discussion and consideration.
1.
Minutes and Reports Submitted
Airport Commission of 5/25; City Council of 617; Environmental Stewardship Advisory
Commission of 6/1; Historic Preservation Commission of 5/19; Housing Code Appeals
Board of 5/18; Human Rights Commission of 5/10; Library Board of 4/22; Zoning
Advisory Commission of 6/2; Zoning Board of Adjustment of 5/27;
Library Board of Trustees Update from meeting of May 27,2004
Proofs of publication for City Council Proceedings of May 17 and June 1, 2004 and List
of Claims and Summary of Revenues for month ending April 30, 2004
Printed Council Proceedings of March, 2004
Finance Director submitting the City of Dubuque Financial Reports for the month ending
May 31,2004
Suggested Disposition: Receive and File; Approve as Printed
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Airport aty Council ESAC HPC Hsg Code Appeals Be
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Human Rights Ubrary Bd Zoning Advisory Zoning Bd of Adj Proceedings
2.
Notice of Claims/Suits
Timothy G. Clark on behalf of Tanner G. Clark for personal injury; Deutsche Bank Trust
Company v. City of Dubuque, et al; Joe and Shaunda Steffen for property damage; Rita
R. Stevenson 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:
Sandra G. Adams for personal injury; William Felderman for property damage; Jodi
McDonell for vehicle damage; Joe and Shaunda Steffen for property damage
Corporation Counsel recommending settlement of the back pay claim of William Kelly.
Suggested Disposition: Receive and File; Concur
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Oaims - lCAP
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Kelly Settlement
3.
Development Agreement for Westbrook Subdivision
City Manager recommending approval of a revised Development Agreement with
Callahan Construction, Inc., for development of affordable single-family housing in the
Westbrook Subdivision.
Suggested Disposition: Receive and File; Approve
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Westbrook - MVM
Memo
Westsbrook - Staff
Memo
Westbrook -
Agreement
4.
Tri-State Community Health Center Application
City Manager communication to the Bureau of Primary Health Care in support of the Tri-
State Community Health Center's application for a federally qualified community health
center.
Suggested Disposition: Receive and File
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Ltr of Support
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5.
Specific and Aggregate Stop Loss Insurance Renewal
City Manager recommending approval of the renewal rates submitted by Allianz for
specific and aggregate stop loss insurance for the City's health plans.
Suggested Disposition: Receive and File; Approve
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Renewal - MVM
Memo
Renewal - Staff
Memo
6.
Health Choices Administrative Services Fee
City Manager recommending approval of the administrative services fee presented by
Health Choices for the period May 1, 2004 through June 30, 2006.
Suggested Disposition: Receive and File; Approve
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Heallf1 Choices -
MVM Memo
Health Choices -
Staff Memo
7.
Collective Bargaining Agreement with Amalgamated Transit Union, Local #329
City Manager recommending approval of the collective bargaining agreement between
the City and the Amalgamated Transit Union effective July 1, 2004.
RESOLUTION Approving the agreement between the City of Dubuque, Iowa and the
Amalgamated Transit Union, Local #329 and authorizing the Mayor to sign the
agreement
Suggested Disposition: Receive and File; Adopt Resolution
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Transit - MVM Meme
Transit - Staff Memo
Transit - Resolution
8.
Forest Grange Subdivision #3 - Preliminary Plat
Zoning Advisory Commission recommending approval of the preliminary plat of Forest
Grange Subdivision #3, located on Kennedy Road near Rustic Forest Road in Dubuque
County, as requested by Buesing and Associates/Jim Gantz, Lime Rock Springs
Company.
Suggested Disposition: Receive and File; Approve
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Forest Grange - ZAC Forest Grange - Forest Grange - Forect Grange -
Ltr Application Vicinity Map Staff Report
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Forest Grange -
Preliminary Plat
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9.
Oberbroeckling Subdivision No.2
Zoning Advisory Commission recommending approval of the minor final plat of
Oberbroeckling Subdivision No.2 located at 12463 North Cascade Road as requested
by John Oberbroeckling.
RESOLUTION Approving the final plat of Lot 1, 2 and 3 of Oberbroeckling Subdivision
No.2
Suggested Disposition: Receive and File; Adopt Resolution
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Oberbroeckling -
Vicinity Map
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Oberbroeckling - Oberbroeckling - Piat
Resolution
Oberbroeckling - ZAC Oberbroeckllng-
Ltr Application
Oberbroeckling -
Staff Memo
10.
In-Line Skate Rink Project
City Manager recommending acceptance of the In-Line Skate Rink Project as
completed by Fondell Excavating in the final contract amount of $85,850.80.
RESOLUTION Accepting improvement
RESOLUTION Approving final contract amount
Suggested Disposition: Receive and File; Adopt Resolutions
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Rink - MVM Memo
Rink - Staff Memo
Rink - Resolutions
Agreement with Hillcrest Family Services for Use of Murphy Park
City Manager recommending approval of an agreement with Hillcrest Family Services
for use of Murphy Park to set up a holiday light display.
Suggested Disposition: Receive and File; Approve
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Park - MVM Memo
Park" Staff Memo
Hillcrest Agreement
Citizen Communication
Communication from Richard E. Koob, 330 Olympic Heights, regarding a north end
junkyard and requesting that junkyards be inspected.
Suggested Disposition: Receive and File
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15.
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Koob Ltr
13.
Chaplin Schmitt Memorial
City Manager advising that the new leaseholder for this property has agreed to try to
improve the accessibility and requesting time to work on this issue with the leaseholder.
Communication from Walter A. Pregler, 2966 Shiras Avenue, regarding the Chaplin
Schmitt Memorial.
Suggested Disposition: Receive and File; Approve
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Memoral - Staff
Memo #1
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Memoral -
Background Memo
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Memonal - Drawing
Memorial - MVM
Memo
Memorial - Staff
Memo #2
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Pregler Ltr
American Red Cross of the Tri-States
Communication from Stan Schwartz, Executive Director - American Red Cross of the
Tri-States, thanking the City and the community for assistance in raising the necessary
funds to purchase an Emergency Response Vehicle (ERV).
Suggested Disposition: Receive and File
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Red Cross Ltr
Flood Hazard Mitigation Demolition Project - Phase II
City Manager recommending acceptance of the Flood Hazard Mitigation Demolition
Project - Phase" as completed by Top Grade Excavating, Inc., in the final contract
amount of $18,826.65.
RESOLUTION Accepting improvement
RESOLUTION Approving final contract amount
Suggested Disposition: Receive and File; Adopt Resolutions
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Final Contract Am!
Mitigation - MVM
Memo
Mitigation - Staff
Memo
Mitigation -
Resolutions
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16.
17.
18.
Contract for State Brownfield Grant
City Manager recommending approval of a State of Iowa Brownfield Project Financial
Assistance Agreement for $142,655 for petroleum cleanup in the Port of Dubuque.
RESOLUTION Authorizing the execution of a Brownfield Project Financial Assistance
Agreement for One Hundred Forty-Two Thousand Six Hundred Fifty-Five Dollars
($142,655) for petroleum cleanup in the Port of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
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Brownfield - MVM Brownfield - Staff Brownfield - Brownfield
Memo Memo Resolution Agreement
Dubuque Industrial Center West Third Addition - Engineering Consultant
City Manager recommending approval of the selection of IIW as the engineering
consultant for the Dubuque Industrial Center West (DICW) 3rd Addition.
RESOLUTION Authorizing contract with IIW Engineers and Surveyors, P.C. for the
design and engineering of Dubuque Industrial Center West - 3rd Addition
Suggested Disposition: Receive and File; Adopt Resolution
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DICW - MVM Memo
DICW - Staff Memo
DICW - Resolution
US 20 Reconstruction Agreement
City Manager recommending approval of a predesign agreement among the Iowa
Department of Transportation (Iowa DOT), the County of Dubuque, and the City of
Dubuque on the extension or improvement of US 20 as a controlled access facility
within Dubuque County and the City of Dubuque.
RESOLUTION Approving the Predesign Agreement among the City of Dubuque,
County of Dubuque, and the Iowa Department of Transportation for the US 20
Reconstruction Project (NHS-20-9(121}-19-31)
Suggested Disposition: Receive and File; Adopt Resolution
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us 20 - MVM Memo US 20 - Staff Memo US 20 - Resolution Predesign US 20 - Maps
Agreement
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19.
20.
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22.
Five Flags Civic Center Commission
Gary Dolphin submitting his resignation from the Five Flags Civic Center Commission.
Suggested Disposition: Receive and File
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Dolphin Ltr
Dubuque County Historical Society Sublease
City Manager recommending approval of a sublease agreement between the Dubuque
County Historical Society and the National Audubon Society to allow the docking of the
Audubon Ark (the Lily Belle) as requested by Jerry Enzler, Executive Director of the
DCHS.
Suggested Disposition: Receive and File; Approve Agreement
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DCHS Ltr
Sublease - Landlord
Consent
Sublease Agreement
DCHS - MVM Memo
Dubuque County Board of Supervisors
Communication from the Dubuque County Board of Supervisors requesting that the City
of Dubuque Transit Division become a certified HCBS Transportation Provider.
Suggested Disposition: Receive and File; Refer to City Manager
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Bd of Supv Ltr
City of Asbury
Communication from Richard A. Anderson, Mayor of Asbury, advising that they will be
working with City Manager Michael C. Van Milligen to prepare a plan of action for the
severance of parcels to be annexed by the City of Asbury.
Suggested Disposition: Receive and File
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City of Asbury Ltr
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23.
Business Licenses
RESOLUTION Granting the issuance of two new licenses to sell cigarettes and
cigarette papers to Dubuque Discount Gas #3 and Rainbo Oil Company
RESOLUTION Granting the issuance of 21 renewal licenses to sell cigarette and
cigarette papers
RESOLUTION Granting the issuance of a Class "B" Beer (5-Day Special Event) to
Dubuque Jaycees (Tents A, B and C), Rotary Club and Tri-State Independent Blind
Society; and Class "c" Beer Permits to Kwik Stop Food Mart, Oky Doky #14, Keywest
Conoco and Dubuque Discount Gas #3
RESOLUTION Granting the issuance of a Class "c" Beer/Liquor License to Applebee's,
Paul's Tap, Murphy's South End Tap, American Legion #6, Dubuque Mining Company,
and SMG Five Flags Center; and Special Class "c" Liquor to Four Seasons Buffet,
Grape Harbor (Sidewalk Outdoor Sale) and Café Manna Java (Sidewalk Outdoor Sale)
Suggested Disposition: Adopt Resolutions
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Resolution #1
Resolution #2
Resolution #3
Resolution #4
ITEMS TO BE SET FOR PUBLIC HEARING
1.
Blanche Avenue - Request to Vacate
City Manager recommending that a public hearing be set for July 5, 2004 to consider a
request from John M. Lanser and Jean M. Mastin to vacate Blanche Avenue from Vivian
Avenue west 250 feet.
RESOLUTION Of intent to dispose of City Interest in Lot 136A of Maple Leaf Addition in
the City of Dubuque, Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
7/5/04
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Blanche - Plat of
Survey
Blanche - MVM Meml
Blanche - Staff Memc
Blanche-Resolution
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2.
Greater Downtown Urban Renewal District Amendment
City Manager recommending adoption of a Resolution of Necessity to begin the process
of amending the Urban Renewal Plan for the Greater Downtown Urban Renewal District
and to set a public hearing for August 2, 2004 to consider said amendment.
RESOLUTION Of Necessity finding that an amendment to the Urban Renewal Plan for
the Greater Downtown Urban Renewal District is necessary in the interest of the
residents of the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
8/2/04
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Amendment - MVM Amendment - Staff Resolution of
Memo Memo Necessity
BOARDS/COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following
Boards/Commissions:
Historic Preservation Commission (Two three-year terms which will expire 7/1/07
[Jackson Park District- term of Bichell and West 11th District - Term of Whalen]; One
unexpired three year term through 7/1/05)
Applicants: David Stuart for Jackson Park, Timothy Goen for West 11 th Street
Investment Oversight Commission (Two three-year terms which will expire 7/1/07)
Applicants: Stephen Reisdorf; Gary Ruden
Zoning Advisory Commission (Two three-year terms which will expire 7/1/07)
Applicants: Eugene Bird, Jeff Stiles
Appointments to the following Boards/Commissions:
Long Range Planning Advisory Commission (Two vacancies which will expire 7/1/07)
Applicant: Charles Winterwood
Park and Recreation Commission (Three vacancies which will expire 6/30/07 - Terms of
Lyness,Ha~ehausen,Hoffmann)
Applicants: Gary L. Harjehausen, Paul F. Hoffmann, Karen Lyness, Evelyn Nadeau
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HPC Applications 10AC Applications ZAC Applications
Bd and Comm Us! Overview Sheet
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LRPAC Application
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Park and Rec
Applications
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PUBLIC HEARINGS
SUSPEND THE RULES
1.
4039 Pennsylvania Avenue - Request to Rezone
Proof of publication on notice of hearing to consider rezoning property located at 4039
Pennsylvania Avenue from R-3 Moderate Density Multi-Family Residential to C-2
Neighborhood Shopping Center District at the request of Buesing and Associates/Paul
Fahey, Riverdream Properties, and Zoning Advisory Commission recommending
approval. .
ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter described property located at 4039
Pennsylvania Avenue from R-3 Moderate Density Multi-Family District to C-2
Neighborhood Shopping Center District
Suggested Disposition: Receive and File; Motion B; Motion A
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Riverdream - ZAC Lt, Riverdream - Riverdream - Vicinity Riverdream - Staff Riverdream -
Application Map Report Ordinance
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Riverdream -
Drawing
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C-3 District
Regulations
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C-2 District
Regulations
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Support Ltrs
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Suggested Motion
2.
Southeast Corner of Old Highway Road and Cousins Road - Request to Rezone
Proof of publication on notice of hearing to consider rezoning property located at the
southeast corner of Old Highway Road and Cousins Road from AG Agricultural District
to R-1 Single-Family Residential District as requested by Paul Cate and Zoning
Advisory Commission recommending approval.
ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter described property located near the
southeast corner of Old Highway Road and Cousins Road from AG Agricultural District
to R-1 Single-Family Residential District
Suggested Disposition: Receive and File; Motion B; Motion A
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Cate - Exhibit A
Cate - ZAC Ltr
Cate - Application Cate - Vicinity Map Cate - Staff Report Cate - Ordinance
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Suggested Motion
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3.
Alley Vacating Petition
Proof of publication on notice of hearing to consider a request from Randy E. and
Pamela J. Davis, Benjamin J. Mueller and Margaret M. Mueller to vacate and purchase
a portion of the alley between 825 and 855 Salem Street from Roosevelt to Salem and
City Manager recommending approval.
RESOLUTION approving plat of the proposed vacated alley between 825 and 855
Salem Street from Roosevelt to Salem
ORDINANCE Vacating the alley between 825 and 855 Salem Street from Roosevelt to
Salem
RESOLUTION Disposing of City interest in Lot 179A, Lot 180A, and Lot 181A of
O'Neill's Addition to North Dubuque, Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolutions; Motion B; Motion A
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Salem - MVM Memo Salem - Staff Memo Salem - Resolution
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Salem - Ordinance
Salem-Resolution
#2
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Suggested Motion
Material from June 7, 2004 Meeting
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Alley - Vicinity Map
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Alley - Plat of Survey
Alley - MVM Memo
Alley - Staff Memo
Alley - Resolution
4.
Mediacom Franchise Extension
Proof of publication on notice of hearing to consider an additional short-term extension
through December 31, 2004 of the existing Mediacom cable franchise and side
agreements under the terms currently in effect and City Manager recommending
approval.
ORDINANCE Extending the term of the existing Cable Franchise Agreement and Hub
Site Lease of MCClowa, LLC. to December 31, 2004.
Suggested Disposition: Receive and File; Motion B; Motion A
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Mediacom - MVM Mediacom - Staff Medlacom - Franchise Extension Suggested Motion
Memo Memo Ordinance Agreement
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Material from June 7, 2004 Meeting
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Mediacom - MVM Mediacom - Staff
Memo Memo
Mediacom -
Resolution
REINSTATE THE RULES
ACTION ITEMS
1.
Greater Dubuque Development Corporation
Rick Dickinson, Executive Director of the Greater Dubuque Development Corporation,
to present the GDDC quarterly report.
Suggested Disposition: Receive and File
2.
Ice Harbor Drive
Zoning Advisory Commission recommending approval of the designation of Ice Harbor
Drive in the Port of Dubuque as requested by the City of Dubuque.
ORDINANCE Renaming a portion of the street currently named East Fourth Street to
Ice Harbor Drive and designating a new street between First Street and East Fourth
Street as Ice Harbor Drive in the Port of Dubuque.
Suggested Disposition: Receive and File; Motion B; Motion A
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lee Harbor Drive -
Maps
Suggested Motion
Ice Harbor - ZAC Ltr
lee Harbor - Staff
Memo
lee Harbor -
Ordinance
3.
Paradise Hills 2nd Addition - Preliminary Plat
Zoning Advisory Commission recommending approval of the preliminary plat of
Paradise Hills 2nd Addition on Humke Road, and waiving the private street standard for
paving thickness and base stone, as requested by Roger and Lois Schueller.
City Manager recommending approval of the preliminary plat of Paradise Hills 2nd
Addition without the street standard waiver.
Suggested Disposition: Receive and File; Council
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Schueller -
Application
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Schueller -
Preliminary Plat
Schueller - ZAC Ltr
Schueller - Vicinity Schueller - Staff
Map Report
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4.
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Paradise Hills - MVM
Memo
Paradise Hills - Staff
Memo
Cedar Crest Subdivision - Final Plat
City Manager recommending approval of the final plat of Cedar Crest Subdivision
located north of U.S. Highway 20 and east of Cottingham Road.
RESOLUTION Approving the final plat of Lots 34 thru 116, inclusive, of Cedar Crest
Subdivision in Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
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Cedar Crest - MVM Cedar Crest - Staff Cedar Crest - Staff Cedar Crest - Cedar Crest - Plat
Memo Memo Report Resolution
5.
Five Flags Management Agreement
City Manager recommending approval of the Five Flags Management Agreement with
SMG beginning July 1, 2004.
Suggested Disposition: Receive and File; Approve
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Supplemental
Agreements
Five Rags - MVM
Memo
Five Rags - Staff
Memo
Management
Agreement
6.
Sewer Ordinance Update
City Manager recommending approval of a change to the Code of Ordinances
authorizing the City Manager to order immediate connection of a private on-site sewage
treatment and disposal system if there is a public health threat.
ORDINANCE Amending Chapter 44, Utilities, Section 44-55, Abandonment of Private
On-Site Sewage Treatment and Disposal System Upon Availability of Public Sewer
Suggested Disposition: Receive and File; Motion B; Motion A
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Ordinance - MVM Ordinance - Staff Sewer Ordinance Sewer Ordinance Suggested Motion
Memo Memo Change
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7.
Proposed Standard for Sidewalk Paving Pattern
City Manager recommending approval of a proposed standard for sidewalk paving
patterns to guide future sidewalk improvement projects in the downtown or requesting
that a worksession be scheduled on the issue.
Historic Preservation Commission recommending a modification to the proposed
standard for sidewalk paving patterns in the Old Main, Cathedral and Jackson Park
historic districts as requested by the City of Dubuque Engineering Division.
Suggested Disposition: Receive and File; Council
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Sidewalk - MVM
Memo
Sidewalk - Staff
Memo
Downtown Sidewalk5
Downtown Color
Sidewalk
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Sidewalk-Diagrams
Sidewalk - HPC Ltr
Sidewalk -
Application
Sidewalk - Staff
Report
8.
Dubuque County Conservation Board Grant Request
City Manager recommending that the City provide $10,000 match towards the Dubuque
County Conservation Board's Vision Iowa/CAT application for improvements to Massey
Station.
Suggested Disposition: Receive and File; Approve
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Grant - MVM Memo
9.
Dubuque Greyhound Park and Casino
City Manager recommending approval of the installation of temporary stop signs at the
three-way intersection of Admiral Sheehy Drive and Dubuque Greyhound Park Road
due to the increased construction traffic.
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 at the intersection of Admiral Sheehy Drive and Greyhound Park Road
Suggested Disposition: Receive and File; Motion B; Motion A
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Stop Signs - MVM
Memo
Stop Signs -
Ordinance
Suggested Motion
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10.
Fiscal Year 2005 Legislative Priorities
City Manager recommending approval of the City of Dubuque's Legislative Priorities for
Fiscal Year 2005.
Suggested Disposition: Receive and File
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Prtorities - MVM
Memo
Legislative Prtorities
11.
City Council Meeting Date
ORDINANCE Establishing the date for the first regular meeting of the City Council of
the City of Dubuque as July 6, 2004
Suggested Disposition: Receive and File; Motion B; Motion A
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Meeting - Ordinance
Suggested Motion
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.
Jeanne F. Schneider
June 17, 2004
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