5 2 05 Skeleton Sheet
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CITY COUNCIL REGULAR SESSION, MAY 2, 2005
COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN THE LIBRARY AUDITORIUM
PRESENT: MAYOR DUGGAN, COUNCil MEMBERS $JOL, CUNE, CON,NORS,
MARKHAM, MICHALSKI, NICHOLSON
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CITY MANAGER VAN MILLlGEN; CORPORATION COUNSEL LINDAHL
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ABSENT:
INVOCATION: Dr. Alan Crandall, Campus Chaplain, University of Dubuque
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PROCLAMATIONS ' ./~ - ~. //. " ./. /// ;; 1,:-
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Bike Safety Month "-~7~'Vf k4%4x/:;, //-:t.~'~../ //;J:~:'fr '/ ,,//)~' ~ ./ '
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Mental Health Month ./ ~;J PrJ / ~./J / /~/)/ltt:~) I/VC'A / /
Nurses' week"":;1;j~;iJk~~/ /
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Public Service Recognition Week . '/j / / '/ ;
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SWEARING IN OF MAYOR PROwTEM JOYCE CONNORS
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. PRESENTATION: Presentation of the Main Street Iowa Award
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CONSENT ITEMS
/Ayes Nays
/i ~. Michalski
/ Nicholson
I Buol
/ { Cline
j Connors
/ Duggan
Markham
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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
Arts and Cultural Affairs Advisory Commission of 3/22; City Council of 4/18; Housing
Commission of 3/22; Library Board of 2/24 and 3/24;
Proof of publication of City Council Proceedings of April 4, 2005 (On file in City Clerk's
Office )
Library Board of Trustees Update from the Meeting of March 24, 2005
City Council Proceedings of February, 2005
Suggested Disposition: Receive and File; Approve as Printed
2. Notice of Claims/Suits
Stephanie Bauer for vehicle damage; Diane Hoffman for personal injury; Tara Puccio for
personal injury
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:
Diane Hoffman for personal injury; Tara Puccio for personal injury
Corporation Counsel recommending denial of the claim of Stephanie Bauer for vehicle
damage.
Suggested Disposition: Receive and File; Concur
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3.
Hillcrest Family Services
letter of support for the efforts of Hillcrest Family Services to secure renewal funding
from HUD to continue to provide transitional housing and supportive services to
homeless families in Dubuque.
Suggested Disposition: Receive and File; Approve
4. Legislative Correspondence
Communication to area legislators encouraging a no vote on HF 847, a property tax
limitation bill.
Suggested Disposition: Receive and File; Approve
5. Dubuque Casino Hotel
City Manager recommending approval of the first amendment to the Parking Use
Agreement between the Dubuque Casino Hotel, the Dubuque Racing Association and
the City.
6.
Suggested Disposition: Receive and File; Approve
Area Residential Care, Inc.
Communication from Jon Romaine, Executive Director of Area Residential Care, Inc.,
requesting that the street parking in front of their business office at 1170 Roosevelt
Street Extension be designated a two-hour maximum parking zone.
Suggested Disposition: Receive and File; Refer to City Manager
Ayes Nays
Michalski
Nicholson
Buol
Cline
Connors
Duggan
Markham
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. 7.
Operating Engineer's Union - Petition for Bargaining Unit Amendment
City Manager recommending approval of the Stipulation of Bargaining Unit as Amended
to include the classification of Account Clerk I.
Suggested Disposition: Receive and File; Approve
8. City of Sageville Annexations
Communication from John D. Freund, on behalf of the City of Sageville, forwarding a
Notice of Annexation Applications and Public Hearing on Voluntary Annexation
Requests regarding territory to be annexed into the City of Sageville.
Suggested Disposition: Receive and File; Refer to City Manager
9. Sanitary Sewer ReplacementAgreement-1195 Thomas Place
City Manager recommending approval of an extension of an agreement with the owner
of a single-family home at 1195 Thomas Place for purposes of installation of a sanitary
sewer system.
Suggested Disposition: Receive and File; Approve
Purchase of Property at 514 Lincoln Street
City Manager recommending approval of the purchase of property at 514 Lincoln Street
as part of the acquisition program associated with the Bee Branch Creek Restoration
Project.
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10.
RESOLUTION /7 R. {)..:;;-- Approving the acquisition of real estate located at
514 Lincoln Avenue in the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
Michalski
Nicholson
Buo'
Cline
Connors
Duggan
Markham
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Family Self-Sufficiency (FSS) and Homeownership Program Coordinators
City Manager recommending approval of an application to the US Department of
Housing and Urban Development (HUD) for funds to renew the current Family Self-
Sufficiency Program Coordinator position and for funding to contract with Iowa State
Extension for services to promote homeownership opportunities for Section 8 Program
families.
Suggested Disposition: Receive and File; Approve
12. Iowa Department of Natural Resources
Communication from the Iowa Department of Natural Resources advising that the City
failed to report two bypasses that occurred on April 4, 2005.
Suggested Disposition: Receive and File; Refer to City Manager
13. Drug Awareness Resistance Education (DARE) Contract
City Manager recommending approval of a Drug Awareness Resistance Education
(DARE) Contract between the City of Dubuque, the Dubuque Community Schools and
the Holy Family Catholic Schools.
Suggested Disposition: Receive and File; Approve
Memorandum of Understanding (MOU) with the Iowa Department of Public Health
City Manager recommending approval of a Memorandum of Understanding with the
Iowa Department of Public Health for encephalitis monitoring-related activities.
14.
Suggested Disposition: Receive and File; Approve
15. Quarterly Investment Report
City Manager submitting the March 31, 2005 Quarterly Investment Report.
Suggested Disposition: Receive and File
Ayes Nays
Michalski
Nicholson
Buol
Cline
Connors
Duggan
Markham
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16.
Railroad Real Estate Property Acquisition Agreement
City Manager recommending approval of a Railroad Real Estate Property Acquisition
Agreement with the Chicago, Central and Pacific Railroad Company to acquire railroad
property in the Port of Dubuque.
RESOLUTION / -? Y ~ tJ 5' Approving Railroad Real Estate Sale Contract
between the City of Dubuque (City) and the Chicago, Central and Pacific Railroad
Company for the purpose of acquiring property to complete public roadway
improvements
Suggested Disposition: Receive and File; Adopt Resolution
17. Shot Tower Rehabilitation Project
City Manager recommending approval of the selection of Hasbrouck Peterson Zimoch
Sirirattumrong (HPZS) as the consultant for the Shot Tower Rehabilitation Project.
Suggested Disposition: Receive and File; Approve
18. Dubuque Heritage Trail Expansion - Iowa 32 (Northwest Arterial)
City Manager recommending approval of the submission of an application for Federal
Recreational Trail Funding to the Iowa Department of Transportation for the Dubuque
H ritage rail Expansion - Iowa 32 (Northwest Arterial) bike/hike trail project.
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uggested Disposition: Receive and File; Approve
19. Dubuque Drug Task Force
Communication from David Patton regarding the issue of the Dubuque Community
School Board's decision to not allow the Dubuque Drug Task Force to inspect school
premises.
Suggested Disposition: Receive and File
Ayes Nays
Michalski
Nicholson
Suol
Cline
Connors
Duggan
Markham
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Vision Iowa Agreement Amendment
City Manager recommending approval of an Amendment Agreement regarding the
modification of the completion date of certain projects previously approved for
extension.
Suggested Disposition: Receive and File; Approve
21. Horseshoe Courts Renovation
City Manager recommending, at the request of the Horseshoe Pitchers' Association,
that renovation of the horseshoe courts at Flora Park be completed in Fiscal Year 2006
prior to an upcoming horseshoe competition in Dubuque.
Suggested Disposition: Receive and File; Approve
22.
Business Licenses
RESOLUTION /~..-O 6-- Granting the issuance of a Class "B" Beer Permit (5
Day Special Event) to Dubuque Jaycees (Main StreetITown Clock Plaza and Tents A, B
and C)
RESOLUTION / e/. t) 5' Granting the issuance of a Class "C" Beer/liquor
license to Comer Tap, Charhouse Restaurant, Big Daddy's P,.up, Tott's Tap, and
Dempsey's/Molly's Pub and Grub; and Class liB" Wine to Beecher Beverage
Suggested Disposition: Adopt Resolutions ~~
Ayes Nays
Michalski
Nicholson
Buol
Cline
Connors
Duggan
Markham
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ITEMS TO BE SET FOR PUBLIC HEARING
Ayes Nays
/ Michalski
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/ tYarkham
1. Lindberg Terrace and Eagle Street Sanitary Sewer Extension - Initiate
City Manager recommending initiation of the lindberg Terrace and Eagle Street
Sanitary Sewer Extension Project and that a public hearing be set for June 6, 2005.
RESOLUTION />?d-" 0 5" Preliminary approval of plans and specifications
RESOLUTION / g:-:3 - a.5 Setting date of hearing on plans and specifications
RESOLUTION /~~ -c:J 5 Ordering bids
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
6/6/05
2.
Asbury Road Sidewalk Installation Project - Initiate
City Manager recommending initiation of the Asbury Road Sidewalk Installation Project
and that a public hearing be set for June 6, 2005.
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RESOLUTION / 2?.5 "'6J!::J
RESOLUTION /?~ ...I)~--
RESOLUTION / l?7 "'cJ6
RESOLUTION /,?'yf", CJ6-
RESOLUTION / f?Y _C):;7
RESOLUTION /?o -CJ :~:r
Preliminary approval of plans and specifications
Setting date of hearing on plans and specifications
Of Necessity
Fixing date of hearing on Resolution of Necessity
Approving preliminary schedule of assessments
Ordering bids
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
616105
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3.
Water Works Park Development (Phase I) Project - Initiate
City Manager recommending initiation of the Water Works Park Development (Phase I)
Project and that a public hearing be set for June 6, 2005.
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RESOLUTION /7'/ ' t1 ~ Preliminary approval of plans and specifications
RESOLUTION /9..,2 .. CJ.5 Setting date of hearing on plans and specifications
RESOLUTION / ?.3 - tJ 5' Ordering bids
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
6/6/05
4. Gateway Landscaping Project - Initiate
City Manager recommending initiation of the Fifth Street and Locust Street Gateway
Landscaping Project and that a public hearing be set for June 6, 2005.
RESOLUTION / <1 -7' - () 5 Preliminary approval of plans and specifications
RESOLUTION / 9.5 - c?S Setting date of hearing on plans and specifications
RESOLUTION / t? ~ -c:;J5 Ordering bids
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
616105
5.
Pyatigorsk Park Development Project - Initiate
City Manager recommending initiation of the Pyatigorsk Park Development Project and
that a public hearing be set for June 6, 2005.
RESOLUTION /9/' - c;j":>-"' Preliminary approval of plans and specifications
RESOLUTION /?;:/ -CJ..5-' Setting date of hearing on plans and specifications
RESOLUTION / <1 ? - L? ~.... Ordering bids
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
616105
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BOARDSICOMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following
Boards/Commissions:
Civil Service Commission (Mayor Appointment - One four-year term through 416109 -
Term of Duehr)
Applicant: Merle J. Duehr, Jr.
Mechanical Code Board (Two three-year terms through 3115108 - Terms of Giese and
Grothe)
Applicants: David Cleek, Tom W. Giese, David W. Grothe, Sean O'Malley
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PUBLIC HEARINGS
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SUSPEND THE RULES
,JyeSf; Nays
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. Duggan
Markham
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MCC Iowa, LLC (Mediacom) - Cable Franchise Agreement
Proof of publication on notice of hearing to consider adoption of a Cable Franchise
Agreement and City Manager recommending approval.
1.
ORDINANCE gZi '0":;- Approving a Cable Franchise Agreement between the
City of Dubuque, Iowa and MCC Iowa, llC granting a nonexclusive franchise to MCC
Iowa, llC to construct, operate, maintain, update and reconstruct a cable television
system
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ORDINANCE t9-?-05
Approving Cable Right-of-Way Ordinance
RESOLUTION ;;;tP;::J ~c:?~~ Disposing of an interest in real property owned by the
City of Dubuque by lease agreement between the City of Dubuque, Iowa and MCC
Iowa, LlC , Ir'
1,;l' /Y
Suggested Disposition: Receive and File; Motion B; Motion A !!IY' LJ
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2.
Five Flags Renovation Project
Proof of publication on notice of hearing and City Manager recommending award of the
contract for the Five Flags Renovation Project to Conlon Construction Company in the
amount of $1 ,605,494.
RESOLUTION ;?t1/ - tJ:5 Adopting plans and specifications
RESOLUTION ~t? C/ 5' Awarding contract to Conlon Construction
Suggested Disposition: Receive and File; Adopt Resolutions
/Ayes Nays
./. . Michalski
/ @ Nicholson
I Buol
/ II) Cline
/ t. Connors
/ Duggan
. / Markham
3.
Five Flags Bleacher Replacement Project
Proof of publication on notice of hearing and City Manager recommending award of the
contract for the Five Flags Bleacher Renovation Project to Iowa Direct Equipment and
Appraisal, L.C. in the amount of $354,950.
RESOLUTION ~~"~.5
RESOLUTION ~ l/ /r:!?6-
Appraisal, L.C.
Suggested Disposition: Receive and File; Adopt Resolutions
Adopting plans and specifications
Awarding contract to Iowa Direct Equipment and
AY9f Nays
./ ..@ L~I Michalski
/, - Nicholson
/- Buol
/ Cline
/ Connors
/ Duggan
/ Markham
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2005 Asphalt Paving Project
Proof of publication on notice of hearing and City Manager recommending award of the
contract for the 2005 Asphalt Paving Project to River City Paving, a Division of Mathy
Construction Company, in the amount of $1,107,558.26.
RESOLUTION .;;;;CJ6- "05 Adopting plans and specifications
RESOLUTION ::?t:J ~, d :;,.... Awarding contract
Suggested Disposition: Receive and File; Adopt Resolutions
Nays
." Michalski
/ Nicholson
/ Buol
/ IIJCline
/ l~,l::onnors
/ (/'Duggan
Markham
~yes
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5.
Guardrail Replacement Project
Proof of publication on notice of hearing and City Manager recommending award of the
contract for the Guardrail Replacement Project to Pauline Company, Inc., in the amount
of $54,911.
RESOLUTION ;?C 7 . c) .:::>- Adopting plans and specifications
RESOLUTION ;?V' g- - 0 iT Awarding contract
Suggested Disposition: Receive and File; Adopt Resolutions
Ayes Nays
" Michalski
/. (2<.. . Nicholson
/ lVBuol
I . Cline
/ Connors
/.. Duggan
/ Markham
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6. Sixth and Seventh Street Reconstruction and Washington Park Renovation
Project
Proof of publication on notice of hearing and City Manager recommending award of the
contract for the Sixth and Seventh Street Reconstruction and Washington Park
Renovation Project to Portzen Construction, Inc., in the amount of $782,779.76.
RESOLUTION ~?tY5
RESOLUTION d-/O - t:J...>.....
Adopting plans and specifications
Awarding contract to Portzen Construction, Inc.
Suggested Disposition: Receive and File; Adopt Resolutions
Aye~) Nays
/ ... LJ Michalski
I Nicholson
/ Buol
Cline
Connors
/ Duggan
/ (?;Markham
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7.
Fiscal Year 2005 Second Budget Amendment
Proof of publication on notice of hearing to consider approval of the Fiscal Year 2005
Second Budget Amendment and City Manager recommending approval.
RESOLUTION ?//-~~-
Amendment
Amending Fiscal Year 2005 Second Budget
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
:/.~.i.. ~Michalski
/ ~ icholson
/. i)Buol
/ . Cline
/ Connors
// . Duggan
/ Markham
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REINSTATE THE RULES
Ayes
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Michalski
Nicholson
Buol
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@)connors
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ACTION ITEMS
1. 1087 Cedar Cross Road - PUD Amendment (First Reading 4/18/05)
ORDINANCE 3CJ .05 Amending Appendix A (the Zoning Ordinance) of
the City of Dubuque Code of Ordinances for the amendment of Ordinance 8-98 which
adopted regulations for property located south of 1095 Cedar Cross Road as a PUD
Planned Unit Development District with a PC Planned Commercial District Designation
and adopting a revised Conceptual Development Plan, with conditions
Suggested Disposition: Receive and File; Motion B; Motion A
Ayes Nays
.// Michalski
/; /.@)Nicholson
. I!J Buol
/ Cline
/ Connors
/ Duggan
/ Markham
A)jes Nays
/- Michalski
// ;;. _ Nicholson
(i) Buol
/ Cline
/ Connors
/ ~uggan
/ {rarkham
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2.
Tobacco Compliance - Civil Penalties for Tobacco Permit Holders
City Manager recommending acceptance and approval of Acknowledge/Settlement
Agreements for Kwik Stop, West Locust Mart, Oky Doky Foods #1 and Jumpers Sports
Bar and the assessment of $300 penalties for tobacco compliance violations and further
recommending that a tobacco compliance hearing be held regarding the tobacco
compliance violation by Fat Tuesday's and if the violation is sustained the attached
order assessing the 15 violation civil penalty of $300 to Fat Tuesday's be issued.
Suggested Disposition: Receive and File; Approve; ~
AY~ Nays
,( Michalski
,/ J) Nicholson
/. Suol
/ Cline
/ Connors
/ Duggan
/ Markham
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Ayes Nays
Michalski
Nicholson
Suol
Cline
Connors
Duggan
Markham
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. 3.
Eagle Point Bluff Rock Stabilization Project
City Manager recommending approval of the selection of Kleinfelder as the consultant
for the Eagle Point Bluff Rock Stabilization Project. " ).~. .'
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Suggested Disposition: Receive and File; Approve ;; ). If .ID
~yes Nays ",' ' {J./ ~fi./ A. I
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Ayes Nays
Michalski
Nicholson
Buol
Cline
Connors
Duggan
Markham
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Northend Wrecking, Inc.
Communication from Roger Kunde, Northend Wrecking, Inc., requesting to purchase
City-owned property located adjacent to his property.
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Suggested Disposition: Receive and File; Council Direction
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Ayes Nays
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Dubuque River Rides Lease Agreement
City Manager recommending approval of a five-year lease agreement between the City
of Dubuque and Dubuque River Rides for property in the Port of Dubuque.
Suggested Disposition: Receive and File; Approve
/
Ayes Nays
(,:i Michalski
(lI Nicholson
r. ) Buol
LV Cline
Connors
Duggan
Markham
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Michalski
Nicholson
Suol
Cline
Connors
Duggan
Markham
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Cabela's I America's River Corporation Banner Request
City Manager recommending approval of a request from Cabela's I America's River
Corporation to install 38 banners on light poles on Bell Street as part of the America's
River Festival scheduled from May 27 - 29, 2005.
Suggested Disposition: Receive and File; Approve
It yes Nays
./ Michalski
/ (J) Nicholson
/ Lv Buol
/ Cline
/ Connors
/ Duggan
Markham
Camelot Drive Stop Sign
City Manager recommending approval of the installation of stop signs on Sunnyslope
Drive at Camelot Drive and on Hummingbird Drive at Camelot Drive, requiring vehicles
approaching Camelot to stop.
7.
ORDINANCE ;$-/ ~c:J::::r 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 on Sunnyslope Drive at Camelot Drive and Hummingbird Drive at
Camelot Drive I )
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Suggested Disposition: Receive and File; Motion B; Motion A
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Nays
Michalski
Nicholson
(i) Buol
- Cline
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Duggan
Markham
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National Institute of Health Resuscitation Outcomes Consortium
City Manager recommending approval for the City's paramedic service to participate in
a research project of the National Institutes of Health on out-of-hospital resuscitation.
Suggested Disposition: Receive and File; Approve
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A.LY,.eS Nays
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/ Markham
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Ayes
Nays
Michalski
Nicholson
Buol
Cline
Connors
Duggan
Markham
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. 9.
Great Places Advisory Board
City Manager advising that Leisure Services Manager Gil Spence has been appointed 1,)
to the Great Places Advisory Board by Governor Tom Vilsack. y('
Suggested Disposition: Receive and File ~/
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Ayet) Nays
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Markham
Bowling and Beyond Lease Agreement
Communication from Arthur F. Gilloon requesting to address the City Council regarding
the lease agreement between Bowling and Beyond and the City of Dubuque.
10.
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City Manager requesting that City Council go into Closed Session to discuss the
Bowling and Beyond Lease negotiations,
Suggested Disposition: Receive and File; Council
Ayes Nays
/ Q Michalski
/, C?JNicholson
/ Buol
/. (j) Cline
/ ',' Connors
/// Duggan
/ Markham
Ayes Nays
Michalski
Nicholson
Buol
Cline
Connors
. Duggan
Markham
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COUNCIL MEMBER REPORTS b' ,I I p~ ~' I ,f ~'l
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PUBLIC INPUT , ('\ \,t J f r lAV' /
At this time, anyone in the Council Chambers may address the Council on matters w~ich ~re ~f
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
retluirements of the Iowa Open Meetings Law.
CLOSED SESSION
Pending Litigation and Property Acquisition - Chapter 21.5(1)(c)G) 2003 Code of Iowa
Collective Bargaining Strategy - Chapter 20.17(3)
Motion to go into Closed Session at
'f? /1'<;7
07 f/u
Ayes Nays
v: ~ichalSki
., Nicholson
,/ U~UOI
/ 'Cline
/ Connors
/. Duggan
/ Markham
Motion to adjourn at
'---, - /-7
Y -',~
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<.:.. .......'.~
Ayes Nays
Michalski
Nicholson
Buol
Cline
Connors
Duggan
Markham
25