2 20 12 Clerk's Skeleton Notes and Meeting Call/272o/
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
The Dubuque City Council met in special session at'S30 p.m. on February 20, 2012
in the Historic Federal Building, 350 W. 6th ,Street;
�Present: Mayor B I; Council Member Co ors, Jo es, Ly h, R ick, S n; City
Manager Van ill''gen, City Attorne L. • a I
Absent:
Mayor Buol read the call and stated this is a special session of the City Council to
conduct the quarterly work session on Sustainable Dubuque.
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WORK SESSION
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TO: Kevin S. Firnstahl, City Clerk
You are hereby directed to call a Regular Session of the City Council to be
held on Monday, February, 20, 2012, at 6:30 PM in the Historic Federal Building
for the purpose of conducting such business that may properly come before the
Council.
1
oy D. Buol, Mayor
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CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
REGULAR SESSION
The Dubuque City Council met in regular session at 6:30 p.m. on February 20, 2012
in the Historic Federal Building, 350 W. 6th " Streep��
ors, Job es, Ly ch, Re$ ick,
Present: Mayor l; Council Member,
Manager Van Mil ligen, City Attorney Li hl
Absent: l•� �'
Mayor Buol read the call and stated this is a special session of the City Council to
conduct the quarterly work session on Sustainable Dubuque.
PLEDGE OF ALLEGIANCE
MOMENT OF SILENCE
PROCLAMATION(S)
1. Problem Gambling Awareness Week ‘Y/767//9 �� GG� (51-"&.-/ t
2. Strong Healthy Students Week,()- ,P77
CONSENT ITEMS •
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1. Minutes and Reports Submitted
Airport Commission of 11/14/11, City Council Proceedings of 2/6/12 and 2/9/12, Civil
Service Commission of 12/12/11 and 2/2/12, Safe Community Advisory Committee of
12/14/11, Zoning Advisory Commission of 2/1/12, Zoning Board of Adjustment of
1/26/12, Proof of Publication for City Council Proceedings of 1/30/12
Suggested Disposition: Receive and File
2. Claims and Suits
Milton Foulks for vehicle damage, Gerald Hingtgen personal injury, for Christina
Houselog for vehicle damage, Gary and Shirley Jameson for property damage, Judge
Real Estate for property damage, Duane Koppes for vehicle damage, Mark and Lisa
Krieg for property damage, Stephen and Renee Schreiner for property damage, Jeremy
and Sabrina Vandal for property damage
Suggested Disposition: Receive and File; Refer to City Attorney
3. Disposition of Claims and Suits
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: Milton Foulks for
vehicle damage, Christina Houselog for vehicle damage, Lisa Krieg for property
damage, Sabrina Vandal for property damage
Suggested Disposition: Receive and File; Concur
4. Plat of Survey - Catfish Creek Place (1500 Miller Road)
Zoning Advisory Commission recommending approval of the Plat of Survey for Catfish
Creek Place (1500 Miller Road) subject to waiving the lot frontage requirement for Lot 1.
RESOLUTION 37 -12 Approving the Plat of Survey for Catfish Creek in the City of
Dubuque
Suggested Disposition: Receive and File; Adopt Resolution(s)
5. Urban Revitalization Program Applications - Calendar Year 2011
City Manager recommending approval of 20 applications for residential property tax
exemption.
RESOLUTION 6 Approving property tax abatement applications submitted
by property owners in recognized Urban Revitalization Areas and authorizing the
transmittal of the approved applications to the City Tax Assessor
Suggested Disposition: Receive and File; Adopt Resolution(s)
6. Bee Branch Creek Restoration Project - Acquisition of 1517 Maple Street
City Manager recommending approval to purchase residential property located at 151.7
Maple Street owned by Anthony and Debra Zenner for $68,950.
RESOLUTION
Approving the acquisition of real estate owned by Anthony
C. (Tony) and Debra enner in the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution(s)
7. Catfish Creek Pumping Station Generator Project
City Manager recommending acceptance of the construction contract for the Catfish
Creek Generator Project, as completed by A &G Electric, in the final contract amount of
$92,100, and recommends authorization of the final payment in the amount of $4,605.
RESOLUTION 7'29 Accepting the Catfish Creek Pumping Station Generator
Project and authorizing the payment of the contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution(s)
8. Urban Youth Corps Grant
City Manager recommending approval of the Urban Youth Corps Grant application to
the Iowa Department of Transportation.
Suggested Disposition: Receive and File; Approve
Yays
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9. Dubuque by Carriage - Lease Amendment
City Manager recommending approval of a Ninth Amendment to the Lease Agreement
with Colleen B. Lindstrom d /b /a Dubuque By Carriage to extend the original lease of the
former Dock Board building located at the terminus of Commercial Street for a two -year
period.
Suggested Disposition: Receive and File; Approve
10. Homelessness Prevention and Rapid Re- Housing Grant
Correspondence from the U.S. Department of Housing and Urban Development
reminding the City of the grant expenditure deadlines for the Homelessness Prevention
and Rapid Re- Housing Program Grant.
Suggested Disposition: Receive and File; Refer to City Manager
11. Kaufmann Avenue Utility Project - Acceptance
City Manager recommending acceptance of the construction contract for the Kaufmann
Avenue Utility Project (John F. Kennedy Road to Chaney Road), as completed by
McDermott Excavating, in the final contract amount of $225,338.91.
RESOLUTION Accepting the Kaufmann Avenue Utility Project (John F.
Kennedy Road to Ch ney Road) and authorizing the payment of the contract amount to
the contractor
Suggested Disposition: Receive and File; Adopt Resolution(s)
12. Helping Services for Northeast Iowa - Subcontract Approval
City Manager recommending approval of the Helping Services of Northeast Iowa
subcontract agreement allowing reimbursement of funds associated with underage
alcohol sales compliance and monitoring checks by the Police Department.
Suggested Disposition: Receive and File; Approve
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13. Hillcrest Family Services - Storm Sewer Easement Acceptance
City Manager recommending acceptance of a storm sewer easement from Hillcrest
Family Services for storm sewer modifications between Wilbricht Lane and Hillcrest
Road.
RESOLUTION ` , Accepting the grant of an easement for storm sewer under
and across a part of Lot 1 and Lot 2 -2 of Peterson Subdivision No. 2 in the City of
Dubuque, Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
14. Iowa Department of Transportation - US 52 Catfish Creek Bridge Agreement
City Manager recommending approval for the Mayor to execute the Iowa Department of
Transportation Funding Agreement for Improvements to US Highway 52, between US
151/61 to Grandview Avenue.
RESOLUTION >' Approving the Iowa Department of Transportation Funding
Agreement (Agreement No. 2012 -12 -023) for the improvements to US Highway 52
(From US 151/61 to Grandview Avenue)
Suggested Disposition: Receive and File; Adopt Resolution(s)
15. Innovation Drive - Green Industrial Acquisition
City Manager recommending acquisition of Lot A of Lot 3 from Green Industrial for a
purchase price of $1,356.54 to be combined with City property to the north for final
platting of the extension of Innovation Drive.
RESOLUTION Approving the Acquisition Plat of Lot A of Lot 3 of Dubuque
Industrial Center North First Addition in the City of Dubuque, Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
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16. Iowa Department of Transportation - Primary Roads in Municipalities
City Manager recommending approval of the Five -Year Agreement for Maintenance and
Repair of Primary Roads in Municipalities between the Iowa Department of
Transportation and the City of Dubuque.
Suggested Disposition: Receive and File; Approve
17. Landfill Equipment Operator Position
City Manager recommending approval to eliminate one Equipment Operator II position
in the Public Works department and create one additional Landfill Equipment Operator
position.
Suggested Disposition: Receive and File; Approve
18. Engine House #1 - Purchase of Service Agreements
City Manager recommending approval of Purchase of Service Agreements with
Crescent Community Health Center and Operation: New View to provide services to the
community in the soon- to -be- renovated Engine House #1 building (18th Street) which
formerly housed the Ci's Housing Department offices.
RESOLUTION Approving a purchase of services agreement with the
Crescent Community Health Center and Operation: New View to provide services in the
Engine House #1 Building
Suggested Disposition: Receive and File; Adopt Resolution(s)
19. Riverfront Multimodal Freight Study - AECOM Agreement
City Manager recommending approval of an agreement between the City of Dubuque
and AECOM Technical Services, Inc., for a Riverfront Multimodal Freight Study at an
estimated cost of $25,000.
Suggested Disposition: Receive and File; Approve
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20. Smart Planning Consortium Update
City Manager transmitting the Annual Progress Report for the Dubuque County
Regional Smart Plan.
Suggested Disposition: Receive and File
21. State Revolving Fund (SRF)- Sponsored Project Proposal Summary
City Manager recommending City Council support to submit a proposal summary to the
Iowa Department of Natural Resources for State Revolving Loan Fund Secondary
Funding for the Bee Branch Watershed Green Infrastructure Project.
RESOLUTION 36 -12 Approving an Application for State Revolving Loan Fund
Secondary Funding for the Bee Branch Watershed Green Infrastructure Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
22. Civil Service Commission
Civil Service Commission submitting the Certified Lists for the positions of Foreman,
Infiltration and Inflow (I &I) Inspector, Landfill Equipment Operator, Transit
Dispatcher /Scheduler.
Suggested Disposition: Receive and File; Make Matter of Record
23. Trees Forever Power of Trees - Grant Agreement
City Manager recommending approval of the Power of Trees Grant Agreement.
Suggested Disposition: Receive and File; Approve
24. Improvement Contracts / Performance, Payment and Maintenance Bonds
Green Alley Permeable Pavers Project (17th -18th Between Jackson and Washington
Streets)
Suggested Disposition: Receive and File
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25. Alcohol Compliance - Civil Penalty for Alcohol License Holders
City Manager recommending approval of the Acknowledgment/Settlement Agreement
for an alcohol compliance violation for HuHot Mongolian Grill.
Suggested Disposition: Receive and File; Approve
26. Alcohol License Applications
City Manager recommending approval of annual liquor, beer, and wine licenses as
submitted.
RESOLUTION Approving applications for beer, liquor, and /or wine permits,
as required by City o Dubuque Code of Ordinances Title 4 Business and License
Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and
Permits
Suggested Disposition: Receive and File; Adopt Resolution(s)
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ITEMS TO BE SET FOR PUBLIC HEARING
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1. Fiscal Year 2013 Budget
City Manager recommending that a public hearing be set for March 7, 2012, on the
Fiscal Year 2013 City budget, Operating and Capital Improvement Program, for the City
of Dubuque.
RESOLUTION t 7 Setting the date for the public hearing on the Fiscal Year
2013 Budget for the City of Dubuque
RESOLUTION 1(1'Y Setting the date for the public hearing on the Five -Year
Capital Improvement Program for Fiscal Years 2013 through 2017 for the City of
Dubuque
2. Flint Hills Resources Pine Bend, LLC - Riverfront Lease
City Manager recommending that a public hearing be set for March 5, 2012 to consider
a proposed riverfront lease with Flint Hills Resources Pine Bend, LLC.
RESOLUTION Resolution Intent to dispose of an interest in real property
owned by the City of ubuque by lease between the City of Dubuque, Iowa and Flint
Hills Resources Pine Bend, LLC, a Delaware Limited Liability Company
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 3/5/12
3. Vacating Petition - Portion of Innovation Drive
City Manager recommending approval of the request to vacate Innovation Drive at its
northerly terminus, that the vacated portion of Innovation Drive (Lot 2 -B) be combined
with City property to the east for final platting, and that easements for utilities be
reserved over the entire vacated area. It is further recommended that a public hearing
be set for March 5, 2012 on the vacation of this area.
RESOLUTION 1) Approving Plat of Lot 1 -B and 2 -B of Dubuque Industrial
Center North First Addition in the City of Dubuque, Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s); Public Hearing 3/5/12
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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.
1. Cable TV Commission (New Commission)
7 Three -Year staggered terms (To be determined at the March 5, 2012 meeting.)
Applicants:
1. George Herrig, 2395 W. 32nd Street
2. Sr. Carol Hoverman, 1555 White Street
3. Pauline Maloney, 506 St. George Street
4. Kevin Stevens, 2016 Golden Eagle Drive
5. Jennifer Tigges, 4927 Wild Flower Drive
6. Alan Vincent, 1010 Dunham Drive
Additional Applicant
2. Mechanical Board
2 three -year terms through March 16, 2015 (Expiring terms of Grothe and Valaskey)
Applicants:
1. David Grothe, 2544 Elm Street
2. Corey Valaskey, 1385 Alta Vista Street
Suspend the Rules
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PUBLIC HEARINGS
SUSPEND THE RULES
Public Hearing #1
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1. Request to Rezone - 3051 Brunskill Road
Proof of publication on notice of public hearing to consider a request to rezone property
located at 3051 Brunskill Road from R -1 Single - Family Residential District to R -3
Moderate Density Multi - Family District as submitted by Dan McDermott/Darlene Leibold
Trust and the Zoning Advisory Commission recommending approval.
ORDINANCE lc 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 R -3
Moderate Density Multi - Family District
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
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Final Reading and Adopt
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2. Request to Rezone - Lot 3 Holliday Addition
Proof of publication on notice of public hearing to consider a request to rezone Lot 3
Holliday Addition (south of Aldi's on Holliday Drive) from PC Planned Commercial
District to C -3 General Commercial District as submitted by Gomer Holliday
Development, LLC, and the Zoning Advisory Commission recommending approval.
ORDINANCE /3 Amending Title 16 of the City of Dubuque Code of
Ordinances, Unified Development Code, by reclassifying hereinafter described property
located near the northeast corner of Holliday and Payton Drives from PC Planned
Commercial District to C -3 General Commercial District
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
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Final Reading and Adopt
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3. Theisen Supply, Inc. - Dubuque Industrial Center West Expansion
Proof of publication on notice of public hearing to consider approval of a Development
Agreement, which includes the sale of approximately 5.7 acres to Leo Theisen for the
purpose of constructing an 80,000 sq. ft. warehouse expansion for Theisen's Supply,
Inc., and the City Manager recommending approval.
RESOLUTION a" Approving a development agreement providing for the sale
of 5.7 acres in the Dubuque Industrial Center West to Leo A. Theisen and Theisen
Supply, Inc.
Suggegpgs't'io Receive and File; Adopt Resolution(s)
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REINSTATE THE RULES
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Fi I Reading and Adopt
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ACTION ITEMS
1. Proceedings to Complete Action on Issuance of $4,380,000 General Obligation
Urban Renewal Bonds, Series 2012A and $7,495,000 General Obligation Bonds,
Series 2012B
City Manager recommending approval of the suggested proceedings to complete the
action required on the recent Series 2012A and 2012B bond issuance.
RESOLUTION Authorizing and Providing for the issuance of $4,380,000
General Obligation Urban Renewal Bonds, Series 2012A, and levying a tax to pay said
bonds
RESOLUTION Appointing Wells Fargo Bank, National Association of
Minneapolis, Minnesota, to serve as paying agent, bond registrar, and transfer agent,
approving the paying agent and bond registrar and transfer agent agreement and
authorizing the executi n of the agreement
RESOLUTION .) Authorizing and providing for the issuance of $7,495,000
General Obligation Bonds, Series 2012B, and levying a tax to pay said bonds
RESOLUTION Appointing Wells Fargo Bank, National Association of
Minneapolis, Minnesota, to serve as paying agent, bond registrar, and transfer agent,
approving the paying agent and bond registrar and transfer agent agreement and
authorizing the execution of the agreement
Suggested Disposition: Receive and File; Adopt Resolution(s)
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Lynch
Resnick
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Braig
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2. Cable Television Commission Ordinance Amendment
City Manager recommending an amendment to Ordinance 5 -12, removing the
publication requirement, and providing for the subsequent appointment of
commissioners on a staggered basis, appointing three commissioners one year and
four commissioners the following year.
ORDINANCE 1 Amending Ordinance No. 5 -12 Establishing the Cable
Television Commission by Removing the Thirty (30) Day Publication Requirement in
Section 2 -11 -5 and Providing for Staggered Terms for Commission Members in Section
2 -11 -7
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
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Final Reading and Adopt
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3. Acquisition of Property at 1716 S. Grandview Avenue
City Manager recommending approval of the purchase of the property at 1716 South
Grandview Avenue allowing for future improvements to the entry of Murphy Park.
RESOLUTION Approving the purchase of real estate from Janet C. Scott
Suggested Disposition: Receive and File; Adopt Resolution(s)
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Nays
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4. Code of Ordinances Amendment - Removing No Parking Area on 9th Street
City Manager recommending an amendment to City of Dubuque Code of Ordinance 9-
14- 321.602 to remove a section of no parking on 9th Street just east of Iowa to the alley
east.
ORDINANCE / Amending City of Dubuque Code of Ordinances Title 9
Motor Vehicles and Traffic, Chapter 14 Parking, Section 9 -14- 321.602 Parking
Prohibited on Designated Streets or Portions Thereof by Removing Prohibited Parking
on 9th Street Due to the New Intersection Pedestrian Area
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
Yays
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Connors
Jones
Lynch
Resnick
Sutton
Braig
Buol
Final Reading and Adopt
Yays
Nays
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Jones
Lynch
Resnick
Sutton
Braig
Buol
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5. Code of Ordinances Amendment - Amending Parking Meter District on 9th
Street
City Manager recommending approval of an amendment to the Code of Ordinances to
allow placement of the additional parking meters in the area of 9th and Iowa Streets to
9th Street and Central Avenue.
ORDINANCE / k9 Amending City of Dubuque Code of Ordinances Title 9
Motor Vehicles and Traffic, Chapter 14 Parking, Section 9 -14- 321.666 Municipal
Parking Meter District Established by Adding Parking on 9th Street Due to the New
Intersection Pedestrian Area
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
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Resnick
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Final Reading and Adopt
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6. Code of Ordinance Amendment - Prohibited Parking
City Manager recommending an amendment to the City of Dubuque Code of
Ordinances to bring the City Code in compliance with the State Code.
ORDINANCE f % Amending City of Dubuque Code of Ordinances Title 9
Motor Vehicles and Traffic, Chapter 14 Parking, Section 9 -14- 321.600 Prohibited in
Specified Places by Adding the Traveled Portion of the Roadway as a Prohibited Place
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
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Jones
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Final Reading and Adopt
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7. Code of Ordinances Amendment - Disabled Parking Fine
City Manager recommending approval of an amendment to the City of Dubuque Code
of Ordinances adjusting the fine for violation of disabled parking regulations from $100
to $200.
ORDINANCE / C) Amending City of Dubuque Code of Ordinances Title 9
Motor Vehicles and Traffic, Chapter 14 Parking, Section 9 -14- 321.705 Prohibited Use
Of Parking Places or Identification Devices by Increasing the Fine for Disabled Parking
Violations from $100.00 to $200.00
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
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Final Reading and Adopt
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8. Consultant Selection - 9th & 11th Street One- to Two -Way Conversion
City Manager recommending authorization to contract with IIW Engineers, P.C. to
provide professional services for the 9th Street & 11th Street one -way to two -way
conversion study and the comprehensive analysis of existing traffic signal timings in the
Downtown Central Business District.
Suggested Disposition: Receive and File; Approve
Yays�
Nays
Connors
Jones
Lynch
Resnick
Sutton
Braig
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0. East -West Corridor Study - Adoption
City Manager recommending formal adoption of the East -West Corridor Connectivity
Study in support of the Engineering Department's continuing effort to implement the
report recommendatigps
RESOLUTION )a Adopting the East -West Corridor Connectivity Study Final
Report (September 2010)
Suggested Disposition: Receive and File; Adopt Resolution(s)
Nays
Connors
Jones
Lynch
Resnick
Sutton
Braig
Buol
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,9!ast -West Corridor Study - Development Moratorium
`City Manager recommending establishment of a construction and development
moratorium for commercial and residential properties located within the East -West
Corridor Connectivity Study area.
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ORDINANCE Amending City of Dubuque Code of Ordinances Title 14
Building and Development, Chapter 2 Building, Construction, Demolition and Moving,
Section 14 -2 -4: Moratorium for Construction of Other Work on Certain Streets, Areas of
Facilities, by Adding a new Subsection B Establishing a Moratorium on the Issuance of
Building Permits for Commercial and Residential Construction in the East -West Corridor
Study Area
2
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
Yays
Nays
V
Connors
Jones
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Resnick
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Sutton
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Braig
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Buol
Final Reading and Adopt
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Resnick
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COUNCIL MEMBER REPORTS
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PUBLIC INPUT )
CLOSED SESSION
Pending Litigation and Property Acquisition - Chapter 21.5(1)(c)(j) Code of Iowa
Motion to enter into closed session at
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Nays
Connors
Jones
Lynch
Resnick
Sutton
Braig
Buol
Motion to adjourn
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