6 20 11 City Council Agenda without Icons
ROLL CALL ORDER
FOR MEETING OF
JUNE 20, 2011
Buol
Connors
Jones
Lynch
Resnick
Sutton
Braig
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
6:30 P.M.
HISTORIC FEDERAL BUILDING
MONDAY, JUNE 20, 2011
PLEDGE OF ALLEGIANCE
INVOCATION
Associate Pastor Rick Hunt, New Life 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
Cable Community Teleprogramming Commission of 5/3; City Council Proceedings of
6/6; Civil Service Commission of 5/5; Historic Preservation Commission Education Task
Force of 6/1; Park and Recreation Advisory Commission of 5/10; Safe Community
Advisory Committee of 5/11 and 6/8; Sister City Relationships Advisory Commission of
6/8; Zoning Advisory Commission of 6/1; Zoning Board of Adjustment of 5/26
Carnegie-Stout Public Library Board of Trustees Update from Meeting of May 26, 2011
Proof of Publication for City Council Proceedings of May 16, 2011
Suggested Disposition: Receive and File
2. Notice of Claims/Suits
Kelly Jo Smith for vehicle damage; Larry McDonough for vehicle damage; Wanda
Schaller for personal injury
Suggested Disposition: Receive and File; Refer to City Attorney
City Attorney advising that the following claims have been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Communities Assurance Pool: Larry
McDonough for vehicle damage; Tricia Mergen for vehicle damage; Kelly Jo Smith for
vehicle damage
Suggested Disposition: Receive and File; Concur
3. Dubuque County Attorney
Communication from Assistant County Attorney Christine Corken thanking the City of
Dubuque Police Department for their work related to the prosecution of Eddie Chest and
Eddie Adams.
Suggested Disposition: Receive and File
4. PEG Capital Grant Expenditure Request
City Manager recommending approval of request from the Cable TV Tele-Programming
Commission for funding from the Public, Educational, and Government (PEG) Capital
Grant for Access Equipment and Facilities in the amount of $15,000 for a 64-bit,
Windows 7-based non-linear editing system for the TV control room at the City Hall
Annex, and $12,500 for a set of portable efficient LED lights for remote production.
Suggested Disposition: Receive and File; Approve
5. Specific and Aggregate Stop-Loss Renewal – Health and Prescription Drug
City Manager recommending approval of the renewal rates as submitted by HM Life for
the City’s Specific and Aggregate Stop Loss Insurance – Health and Prescription Drug
Plans.
Suggested Disposition: Receive and File; Approve
6. Park and Recreation Commission
Communication from Mark Noble submitting his resignation from the Park and
Recreation Commission due to a change in residency.
Suggested Disposition: Receive and File; Accept Resignation
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7. Investment Oversight Advisory Commission
Communication from Virgil Blocker submitting his resignation from the Investment
Oversight Advisory Commission
Suggested Disposition: Receive and File; Accept Resignation
8. Sustainable Dubuque Project Status Report – May 2011
City Manager transmitting the Sustainable Dubuque Project Status Report for May
2011.
Suggested Disposition: Receive and File
9. Civil Service Commission
The Civil Service Commission submitting the certified list for the position of
Serviceworker.
Suggested Disposition: Receive and File; Make Matter of Record
10. Purchase of Service Agreement – America’s River Corporation
City Manager submitting the Fiscal Year 2012 Purchase of Service Agreement with the
America’s River Corporation in the amount of $10,000.
Suggested Disposition: Receive and File; Approve
11. Purchase of Service Agreement – Dubuque Area Chamber of Commerce
Convention and Visitors Bureau
City Manager submitting the Fiscal Year 2012 Purchase of Service Agreement with the
Convention and Visitors Bureau in the amount of $823,109.
Suggested Disposition: Receive and File; Approve
12. Purchase of Service Agreement – Dubuque Area Labor Management Council
City Manager submitting the Fiscal Year 2012 Purchase of Service Agreement with the
Dubuque Area Labor Management Council in the amount of $30,000.
Suggested Disposition: Receive and File; Approve
13. Purchase of Service Agreement – Dubuque Main Street
City Manager submitting the Fiscal Year 2012 Purchase of Service Agreement with
Dubuque Main Street in the amount of $74,276.
Suggested Disposition: Receive and File; Approve
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14. Purchase of Service Agreement – Greater Dubuque Development Corporation
City Manager submitting the Fiscal Year 2012 Purchase of Service Agreement with the
Greater Dubuque Development Corporation in the amount of $501,613.
Suggested Disposition: Receive and File; Approve
15. Purchase of Service Agreement – Helping Services of Northeast Iowa
City Manager submitting the Fiscal Year 2012 Purchase of Service Agreement with
Helping Services of Northeast Iowa in the amount of $2,147.
Suggested Disposition: Receive and File; Approve
16. Purchase of Service Agreement – Operation: New View Community Action
Agency
City Manager submitting the Fiscal Year 2012 Purchase of Service Agreement with
Operation: New View Community Action Agency in the amount of $18,805.
Suggested Disposition: Receive and File; Approve
17. Purchase of Service Agreement - Opening Doors for Emergency and Transitional
Housing
City Manager submitting the Fiscal Year 2012 Purchase of Service Agreement with
Opening Doors for emergency and transitional housing in the amount of $5,000.
Suggested Disposition: Receive and File; Approve
18. Purchase of Service Agreement – Project Concern Foster Grandparent Program
City Manager submitting the Fiscal Year 2012 Purchase of Service Agreement with
Project Concern in the amount of $6,113 for the Foster Grandparent Program.
Suggested Disposition: Receive and File; Approve
19. Purchase of Service Agreement – Proudly Accessible Dubuque
City Manager submitting the Fiscal Year 2012 Purchase of Service Agreement with
Proudly Accessible Dubuque in the amount of $10,000.
Suggested Disposition: Receive and File; Approve
20. Purchase of Service Agreement – Retired and Senior Volunteer Program
City Manager submitting the Fiscal Year 2012 Purchase of Service Agreement with
Retired and Senior Volunteer Program in the amount of $7,341.
Suggested Disposition: Receive and File; Approve
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21. Purchase of Service Agreement – St. Mark Community Center
City Manager submitting the Fiscal Year 2012 Purchase of Service Agreement with St.
Mark Community Center in the amount of $15,000.
Suggested Disposition: Receive and File; Approve
22. Purchase of Service Agreement – Substance Abuse Services Center
City Manager submitting the Fiscal Year 2012 Purchase of Service Agreement with the
Substance Abuse Services Center in the amount of $14,013.
Suggested Disposition: Receive and File; Approve
23. Carnegie-Stout Public Library Renovation Project – Contract No. 9
City Manager recommending acceptance of the construction contract for the Carnegie-
Stout Public Library Renovation Project Contract No. 9, Plumbing & Fire Protection
Systems, as completed by Modern Piping, Inc. in the final contract amount of
$241,328.00.
RESOLUTION
Accepting the Carnegie-Stout Public Library Renovation Project,
Contract No. 9 – Plumbing & Fire Protection Systems and authorizing the payment of
the contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution
24. 2011 Manhole Replacement Project
City Manager recommending award of the 2011 Manhole Replacement Project to Drew
Cook & Sons Excavating in the amount of $35,858.00.
Suggested Disposition: Receive and File; Approve
25. 2011 Storm Sewer Intake Replacement
City Manager recommending award of the 2011 Storm Sewer Intake Replacement
Project to McDermott Excavating in the amount of $29,916.00.
Suggested Disposition: Receive and File; Approve
26. Bicycle Friendly Community
City Manager recommending that the City Council support Tri-State Trail Vision’s
initiative and approve the Bicycle Friendly Community Application to the League of
American bicyclists for the City of Dubuque.
Suggested Disposition: Receive and File; Approve
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27. National Scenic Byways
City Manager recommending approval of a National Scenic Byway grant application for
the Bee Branch Creek Trail.
Suggested Disposition: Receive and File; Approve
28. State Recreation Trails
City Manager recommending approval of a grant application to the State Recreation
Trails (SRT) for the Bee Branch Creek Trail as part of the National Mississippi River
Trail (MRT) Route.
RESOLUTION
Approving an application for State Recreational Trails funding to the
IDOT for the Bee Branch Trail – MRT Route
Suggested Disposition: Receive and File; Adopt Resolution
29. Smart Planning Consortium
City Manager transmitting an update from the May 17 and June 8, 2011 Smart Planning
Consortium meetings for City Council review and comment to the Consortium.
Suggested Disposition: Receive and File
30. Dubuque Community School District – Professional Services Contract
City Manager recommending approval of a Professional Services Contract with the
Dubuque Community School District for the 21st Century Community Learning Center
After School Programs
Suggested Disposition: Receive and File; Approve
31. Iowa Risk Management Agreement
City Manager recommending approval of the Iowa Risk Management Agreement for the
Iowa Communities Assurance Pool.
Suggested Disposition: Receive and File; Approve
32. Government Accounting Standards Board (GASB)
City Manager recommending that the City Council delegate authority to the City
Manager, or the City’s Manager’s designee, to assign general fund balance for intended
purposes under GASB 54.
Suggested Disposition: Receive and File; Approve
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33. Eide Bailly Audit Engagement Agreement
City Manager advising that the annual audit engagement letter to Eide Bailly has been
signed and transmitting information contained in the audit engagement letter for Fiscal
Year ending June 30, 2011.
Suggested Disposition: Receive and File
34. Environmental Stewardship Advisory Commission
Communication from the Environmental Stewardship Advisory Commission expressing
support for reducing Dubuque’s greenhouse gas emissions 50 percent from 2003 levels
by 2030.
Suggested Disposition: Receive and File
35. Walter Development, LLC and TM, Inc.
City Manager recommending approval of an Assignment of Right to Purchase Property
Under Development Agreement with Walter Development, LLC / TM, Inc. and Epic
Construction.
36. Lower Bee Branch Creek Restoration Project
City Manager recommending approval of the execution of two change orders amending
the construction contract with Tschiggfrie Construction for the Lower Bee Branch Creek
Restoration Project to include the construction of a hike/bike trail rest area and lighting
along the hike/bike trail.
Suggested Disposition: Receive and File; Approve
37. University of Wisconsin / Platteville – Internship Opportunity
City Manager recommending the addition of a grant-funded, paid internship position to
the Dubuque Police Department.
Suggested Disposition: Receive and File; Approve
38. Signed Contracts
1) City Hall Cooling Upgrade Design Firm Recommendation; 2) Second Amendment to
the Lease Agreement between the City of Dubuque and the Dubuque County Elections
Commission; 3) Professional Services Agreement with WHKS & Co. for the public water
main along Bies Drive; 4) Tenth and Central Parking Ramp Change Order No. 007-PS;
5) Short Form Improvement Contract between the City of Dubuque and Mickey Bahr to
provide landscape maintenance for the Indiana Court Detention Basin
Suggested Disposition: Receive and File
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39. Cigarette and Liquor License Applications
City Manager recommending approval of cigarette and liquor license applications and
renewals as submitted.
RESOLUTION
Granting the issuance of 17 Cigarette License Renewals to Cedar Cross
Amoco BP, Diamond Jo Casino, Hartig Drug, Kohinoor Grocers, Kwik Stop, Let’s Roll
Tobacco, McCann’s Service and the Riviera Lounge
RESOLUTION
Granting the issuance of a Class “B” Beer Permit (5-Day License) to the
Dubuque Jaycees; a Class “B” Beer Permit to Legionaires Drum & Bugle Corps; a Class
“C” Beer Permit to TFM Co.; Pioneers Rest Stop, LLC; and LB Metcalf, Inc.
RESOLUTION
Granting the issuance of a Class “C” Beer/Liquor License (5-Day
License) to Dubuque Area Labor Management Council; a Class “C” Beer/Liquor License
to Vinny Vanucchi’s, National Mississippi River Museum and Aquarium, American
Legion Post #6, Paul’s Tavern, Mason Dixon Saloon, Creslanes Bowling, Five Flags
Center, Murph’s South End tap, and Dubuque Bowling Lanes; a Special Class “C”
Liquor License to the Rotary Club of Dubuque; and a Class “B” (WBN) Native Wine
License to the National Mississippi River Museum and Aquarium and I Luv Food
Suggested Disposition: Receive and File; Adopt Resolutions
ITEMS TO BE SET FOR PUBLIC HEARING
These agenda items are being scheduled for a future public hearing on the date
indicated.
1. Port of Dubuque Marina – Bid Package No 2 Amenities Building
City Manager recommending the initiation of the public bidding process for the Port of
Dubuque Marina Bid Package No. 2 – Amenities Building and that a public hearing be
set for July 5, 2011.
RESOLUTION
Preliminary approval of plans, specifications, form of contract, and
estimated cost; setting date of public hearing on plans, specifications, form of contract,
and estimated cost; and ordering the advertisement for bids
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
7/5/11
2. Lake Ridge Economic Development District
City Manager recommending approval of a Resolution of Necessity finding that the
creation of a new Lake Ridge Economic Development District is both necessary and
appropriate and that a public hearing be set for August 1, 2011.
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RESOLUTION
of Necessity finding that certain property along Lake Ridge Drive is an
economic development area and that the development of said area is necessary in the
interest of the residents of the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 8/1/11
3. General Obligation Urban Renewal Bonds
City Manager recommending a public hearing be set for July 5, 2011 to consider the
issuance of not to exceed $1,265,000 General Obligation Urban Renewal Bonds for
Dubuque Industrial Center West Improvements and Downtown Improvements.
RESOLUTION
Fixing date for a meeting on the proposition of the issuance of not to
exceed $1,265,000 General Obligation Bonds (for urban renewal purposes) of the City
of Dubuque, Iowa, and providing for publication of notice thereof
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
7/5/11
4. General Obligation Bonds – for Essential Corporate Purposes
City Manager recommending that a public hearing be set for July 5, 2011 to consider
the issuance of not to exceed $7,035,000 General Obligation Bonds for Essential
Corporate Purposes.
RESOLUTION
Fixing date for a meeting on the proposition of the issuance of not to
exceed $7,035,000 General Obligation Bonds (for Essential Corporate Purposes) of the
City of Dubuque, State of Iowa, and providing for publication of notice thereof
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
7/5/11
5. General Obligation Bonds
City Manager recommending a public hearing be set for July 5, 2011 to consider the
issuance of not to exceed $700,000 General Obligation Bonds for various City projects.
RESOLUTION
Fixing date for a meeting on the proposition of the issuance of not to
exceed $700,000 of General Obligation Bonds and providing for publication of notice
thereof
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
7/5/11
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BOARDS/COMMISSIONS
Applicants are invited to address the City Council regarding their desire to serve on the
following Boards/Commissions; applicant appointments will be made at the next City
Council meeting.
Historic Preservation Commission
Two 3-year terms through July 1, 2014: At-Large/Architect, Langworthy and Cathedral
Historic Preservation Districts requirements (Expiring terms of Klavitter and Wand;
vacant term of Stover)
Applicants:
David Klavitter, 1090 West Third Street (Langworthy District resident)
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Mitzi Krey, 423 W. 3 Street. (Cathedral District resident)
Christopher Wand, 942 Mt. Pleasant Street (At-Large/Architect)
This commission is subject to the State of Iowa Gender Balance Law effective as of
January 1, 2012.
Investment Oversight Advisory Commission
One 3-year term through July 1, 2014 (Expiring term of Blocker)
Applicant:
Paul Lassance, 4846 Embassy Court
Library Board of Trustees
Two 4-year re-staggered terms through July 1, 2012 and July 1, 2015 (Expiring terms of
Connors and Hammer)
Applicants:
Paula Connors, 818 S. Grandview Avenue Recommended term of 7/1/12
David Hammer, 720 Laurel Street Recommended term of 7/1/15
This commission is subject to the State of Iowa Gender Balance Law effective as of
January 1, 2012.
Long Range Planning Advisory Commission
Two 3-year terms through July 1, 2014 (Expiring terms of Van Iten and Vincent)
Applicants:
Richard Van Iten, 3273 Bittersweet Lane
Alan Vincent, 1010 Dunham Drive
Park and Recreation Advisory Commission
Three 3-year term through June 30, 2014 (Expiring term of Nadeau, vacant terms of
Blocklinger and Noble)
Applicants:
Chuck Harris, 2473 Jackson Street
Kenneth Klinge, 2267 Carter Road
Evelyn Nadeau, 663 Fenelon Place
TV Cable Regulatory Commission
One 3-year term through June 30, 2014 (Expiring term of Webster)
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Applicant:
Walt Webster, 3509 Asbury Road
TV Cable Community Teleprogramming Commission
Two 3-year terms through June 30, 2014 (Expiring terms of Maloney and Herrig)
Applicants:
nd
George Herrig, 2395 W. 32 Street
Pauline Maloney, 506 St. George Street
Zoning Advisory Commission
Two 3-year terms through July 1, 2014 (Expiring Terms of Christ and Henschel)
Applicants:
Thomas Henschel, 6630 Wellington Lane
Martha Christ, 88 Princeton Place
This commission is subject to the State of Iowa Gender Balance Law effective as of
January 1, 2012.
Appointments to the following commission to be made at this meeting.
Human Rights Commission
Two 3-year terms through January 1, 2012 (vacant terms of Apel and Sutton)
Applicants:
Regine Ronek, 2282 White Street
Judie Root, 364 Hill Street
Ms. Ronek and Ms. Root both currently serve on the Housing Commission
This commission is subject to the State of Iowa Gender Balance Law effective as of
January 1, 2012.
SUSPEND THE RULES
PUBLIC HEARINGS
Citizens are invited to address the City Council regarding the following agenda items.
Please come to the podium and state your name and address when the item you wish to
speak to is being considered.
1. Request to Rezone – 3051 Brunskill Road
Proof of publication on notice of public hearing to consider a request from Darlene
Leibold Trust / Tom Rauen, Rauen Properties, to rezone property located at 3051
Brunskill Road from R-! Single-Family Residential District to C-C General Commercial
District and the Zoning Advisory Commission recommending denial.
Communication from Tom Rauen withdrawing the request.
Communications and petition from William Herrig, 2855 Brunskill Road, in opposition to
the request.
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ORDINANCE
Amending Title 16 of the City of Dubuque Code of Ordinances, Unified
Development Code, by reclassifying hereinafter described property located at 3051
Brunskill Road from R-1 Single-Family Residential District to C-3 General Commercial
District.
Suggested Disposition: Receive and File; Concur with Denial or Motion B; Motion
A (Super Majority Vote Necessary)
2. Request to Rezone – 1987 Washington Street
Proof of Publication on notice of public hearing to consider a request from Dan Wolff to
rezone property located at 1987 Washington Street from C-2 Neighborhood Shopping
Center District to C-4 downtown Commercial District and the Zoning Advisory
Commission recommending approval.
ORDINANCE
Amending Title 16 of the City of Dubuque Code of Ordinances, Unified
Development Code, by reclassifying hereinafter described property located at 1987
Washington Street from C-2 Neighborhood Shopping Center District to C-4 Downtown
Commercial District.
Suggested Disposition: Receive and File; Motion B; Motion A
3. Request to Rezone – 3087 Central Avenue
Proof of Publication on notice of public hearing to consider a request from Jeff and
Mindy Stiles to rezone property at 3087 Central Avenue from R-3 Moderate Density
Multi-Family Residential District to R-4 Multi-Family Residential District and the Zoning
Advisory Commission recommending approval.
Communication from Planning Services Manager Laura Carstens advising that 59.8% of
the adjacent property owners within 200 feet of the rezoning are in opposition; therefore,
a super-majority vote of the City Council is necessary to approve the rezoning request.
Citizen communications and petitions from Ervin and Linda Auderer and Michael
Brennan in opposition to the proposed rezoning.
Citizen communications and petitions from Suzanne Morales and Jim Schwalb in
support of the proposed rezoning.
City Manager transmitting information concerning an inspection regarding the number of
dwelling units at 3087 Central Avenue.
ORDINANCE
Amending Title 16 of the City of Dubuque Code of Ordinances, Unified
Development Code, by reclassifying hereinafter described property located at 3087
Central Avenue from R-3 Moderate Density Multi-Family Residential District to R-4
Multi-Family Residential District.
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Suggested Disposition: Receive and File; Motion B; Motion A (Super Majority
Vote Necessary)
4. Planned Residential District Amendment – 2763 University Avenue
Proof of publication on notice of public hearing to consider a request by Tom Kluck to
amend the Planned Residential District to permit a two-story common building with
three apartments on the second story at property located at 2763 University Avenue
and the Zoning Advisory Commission recommending approval.
Communications from Gus Hammer and Bruce and Annabelle Schaal in opposition to
the proposed amendment.
After conclusion of the Commission meeting, the applicant contacted the Planning
Services Department regarding a request to reduce the setback from 25 feet to 20 feet
on the north side property line. A super majority is need for the City Council to approve
the 20-foot setback.
ORDINANCE
Amending Title 16 of the City of Dubuque Code of Ordinances, Unified
Development Code, by providing for the amendment Of Ordinance 36-09, which
established regulations for a Planned Unit Development with a Planned Residential
Designation, located north of the University Avenue and Ethel Street intersection, and
now being amended to allow three additional apartment units and enlarging the club
house building.
Suggested Disposition: Receive and File;
Motion B; Motion A (Simple Majority to Approve the Request as Submitted); or
Motion B; Motion A (Super Majority Necessary to Approve Additional Setback
Requirement)
5. Vacating Petition – University of Dubuque
Proof of publication on notice of public hearing to consider a request from the University
of Dubuque to vacate a portion of unimproved public alley west of Algona Street
between West Third Street and Bennett Street and the City Manager recommending
approval.
RESOLUTION
Approving plat of proposed vacated portion of a public alley west of
Algona Street between West Third Street and Bennett Street in the City of Dubuque,
Iowa
RESOLUTION
Disposing of City interest in lot 3A of Bennett Street Subdivision, in the
City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolutions
REINSTATE THE RULES
This action limits discussion to the City Council.
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ACTION ITEMS
These are items where discussion is held by the City Council – public comments are not
allowed except as authorized by the Mayor.
1. Central Avenue Reconstruction Update
City Manager to provide an update on the City’s activities to assist the Central Avenue
businesses during the street reconstruction.
Suggested Disposition: Receive and File
2. Land Donation – Timber-Hyrst Subdivision
City Manager recommending acceptance of Lot 2 of Timber-Hyrst Estates Subdivision
for a mini park as donated by Marty McNamer.
Suggested Disposition: Receive and File; Approve
3. Fiscal Year 2012 Solid Waste Collection Monthly Based Fee.
City Manager recommending that the monthly refuse collection rate be reduced from
$11.09 per month to $10.72 per month beginning July 1, 2011.
ORDINANCE
Amending City of Dubuque Code of Ordinances Title 13 Public Utilities,
Chapter 6 Solid Waste, Article A City or Private Collection Service, Section 13-6A-6
Rates and Charges Established; Exceptions
Suggested Disposition: Receive and File; Motion B, Motion A
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.
Kevin S. Firnstahl
Acting City Clerk
June 16, 2011
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