8 6 07 Clerk's Skeleton NotesCITY COUNCIL REGULAR SESSION, AUGUST 6, 2007
• COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN THE LIBRARY AUDITORIUM
,;
PRESENT: MAYOR BUOL, COUNCIL MEMBERS ~ftAIG, CL~IE, CONI~I'~ORS, JO~ES,
LYNN, MICH~jrLSK~I
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CITY MANAGER VAPjffiAILLIGEN; CITY ATTORNEIjrLINDAHL
ABSENT:
PLEDGE OF ALLEGIANCE
INVOCATION: Pastor Robert De Corah, Grandview Heights Baptist Church
PROCLAMATION: ~
Responsible Gaming Week (August 6 - 10, 2007) ~'~: s~r~.r~~ ~-~,~i:~'/~i'v~~"~~/
PRESENTATION
1,000 Friends of Iowa Best Development Award Presentation
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CONSENT ITEMS
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1. Minutes and Reports Submitted
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Arts and Cultural Affairs Advisory Commission of 5/16, 6/26, and 7/5; City Council of
7/16; Electrical Code Board of 7/23; Housing Code Appeals Board of 3/20; Investment
Oversight Advisory Commission of 7/31; Library Board of Trustees of 5/24 and 6/15;
Park and Recreation Commission of 7/10
Proofs of publication of City Council Proceedings of July 2 and 9, 2007 and List of
Claims and Summary of Revenues for month ended June 30, 2007; Substance Abuse
Services Center Fourth Quarterly Report; Investment Oversight Advisory Commission
57th Quarterly Report
Suggested Disposition: Receive and File
2. Notice of Claims/Suits
Elmer Arensdorf for property damage; Richard and Linda Cathman for property
damage; Joseph H. Fecker, Jr. for property damage; Jean Heim for vehicle damage;
Grace Keith for property damage; Karen Leicht for property damage; Krystle Lorenz for
property damage; Neil Pitman for property damage; David and Ellen Rath for property
damage; Anthony Rokusek for property damage; Donald and Katherine Schneider for
property damage; Nelle Trefz for property damage; John and Valerie Herber for
property damage
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: American
Family Insurance for vehicle damage; Elmer Arensdorf for property damage; Lisa
Bowers for property damage; William Brown for property damage; Linda and Richard
Cathman for property damage; Joseph H. Fecker, Jr. for property damage; Jean Heim
for vehicle damage; David and Ellen Rath for property damage; Beth Hilkin for property
damage; Lisa Huinker for property damage; Tracy Little for property damage; Joan
Overhouse for property damage; Donald and Katherine Schneider for property damage;
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Ann Till for property damage; Julie Welter for property damage; Neil Pitman for vehicle
damage
City Attorney recommending that the claims of Karen Leicht, Grace Keith, Nelle Trefz,
and Krystle Lorenz for property damage be referred to Tricor Insurance and Financial
Services.
Suggested Disposition: Receive and File; Concur
3. Citizen Communications
Communication from Jeanne Beeghley, 3060 Deerwood Circle, regarding the condition
of Asbury Road from St. Ambrose west to JFK Road, and the intersection of Cedar
Cross Road and Highway 20.
Communication from Judy Dupont and the Cyril G. Habel Family, 13212 Sherrill Road,
regarding the intersection of the Northwest Arterial and Asbury Road.
Communication from Esther Thome, 2820 Brunswick Street, requesting to purchase a
portion of a City street/alley abutting her property.
Communication from David L. Clemens, representing Denise Keller, requesting to
purchase a portion of an alley abutting the property at 1819 Pierce Street.
Suggested Disposition: Receive and File; Refer to the City Manager
Ayes Nays
Jones
Lynch
Michalski
Braig
Buol
Cline
Connors
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4. All-America City
Communication from the National League of Cities congratulating the City of Dubuque
on receiving the 2007 All-America City award.
Communication from the City of Hollywood, Florida congratulating the City of Dubuque
on receiving the 2007 All-America City award.
Suggested Disposition: Receive and File
5. Civil Service Commission
Civil Service Commission submitting the certified list for the positions of Records
Supervisor and Police Officer.
Suggested Disposition: Receive and File; Make a Matter of Record
6. Office of the City Assessor
Communication from the City Assessor advising that Vickie Ann Glab has appealed her
2007 property tax assessment to the Property Assessment Appeal Board in Des
Moines.
Suggested Disposition: Receive and File
7. Community Development Block Grant Purchase of Service Agreements
City Manager recommending approval of an amendment to the Community
Development Block Grant (CDBG) Purchase of Service Agreements for the Northeast
Iowa School of Music, Dubuque County ISU Extension and the Four Mounds
Foundation.
Suggested Disposition: Receive and File; Approve
Ayes Nays
Jones
Lynch
Michalski
Braig
Buol
Cline
Connors
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. 8. Purchase of Property - 2100 Kniest Street
City Manager recommending approval to purchase a residential duplex dwelling located
at 2100 Kniest Street as part of the acquisition program associated with the Bee Branch
Creek Restoration Project.
RESOLUTION `~~v5 Approving the acquisition of real estate located at
2100 Kniest Street in the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
9 Purchase of Property - 2249 and 2251 Prince Street
City Manager recommending approval to purchase a residential duplex dwelling located
at 2249 and 2251 Prince Street as part of the acquisition program associated with the
Bee Branch Creek Restoration Project.
RESOLUTION ~~~~~% Approving the acquisition of real estate located at
2249 and 2251 Prince Street in the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
10. Purchase of Property - 2006 Kniest Street
. City Manager recommending approval to purchase a residential dwelling located at
2006 Kniest Street as part of the acquisition program associated with the Bee Branch
Creek Restoration Project.
RESOLUTION ~~ 7~ Approving the acquisition of real estate located at
2006 Kniest Street in the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
Jones
Lynch
Michalski
Braig
Buol
Cline
Connors
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11. Purchase of Property - 2234 Washington Street
. City Manager recommending approval to purchase a residential dwelling located at
2234 Washington Street as part of the acquisition program associated with the Bee
Branch Creek Restoration Project.
RESOLUTION `~O~ Approving the acquisition of real estate located at
2234 Washington Street in the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
12. Purchase of Property - 509 Rhomberg Avenue
City Manager recommending approval to purchase a residential dwelling located at 509
Rhomberg Avenue as part of the acquisition program associated with the Bee Branch
Creek Restoration Project.
RESOLUTION 1z'O ~ Approving the acquisition of real estate located at
509 Rhomberg Avenue in the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
13. Request for Proposals for "Green" Consulting Services
. City Manager recommending approval of the issuance of a request for proposals for
consulting services related to advancing Dubuque as a sustainable community and to
include energy management consulting, monitoring and education, and identification
and implementation of energy use reduction strategies for the benefit of low and
moderate-income homeowners and tenants in the downtown neighborhoods.
Suggested Disposition: Receive and File; Approve
Ayes Nays
Jones
Lynch
Michalski
Braig
Buol
Cline
Connors
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14. Community Development Block Grant (CDBG) Agreement
City Manager recommending approval of the Fiscal Year 2008 Community
Development Block Grant (CDBG) Agreement with the U.S. Department of Housing and
Urban Development in the amount of $1,252,136.
RESOLUTION /Z'~ / Authorizing execution of a Community Development
Block Grant Agreement with the U.S. Department of Housing and Urban Development
Suggested Disposition: Receive and File; Adopt Resolution
15. Purchase of Service Agreements -Amendments
City Manager recommending approval of an amendment to the Community
Development Block Grant Purchase of Service Agreements for the Washington
Neighborhood Tool Library, Project Concern, and Hills and Dales.
Suggested Disposition: Receive and File; Approve
16. Consolidated Plan Addendum
City Manager recommending approval of an addendum to the City's Consolidated Plan
for Housing and Community Development for Fiscal Years 2006 - 2010.
RESOLUTION ~~~ Approving the Fiscal Year 2007 addendum to the
Consolidated Plan for Housing and Community Development for Fiscal Years 2006 -
2010
Suggested Disposition: Receive and File; Adopt Resolution
17. Board and Commission Resignations
Rachel Savage submitting her resignation from the Housing Commission.
Ken Bichell submitting his resignation from the Zoning Advisory Commission.
Mary Lynn Neumeister submitting her resignation from the Long Range Planning
Advisory Commission.
Suggested Disposition: Receive and File; Accept Resignations
Ayes Nays
Jones
Lynch
Michalski
Braig
Buol
Cline
Connors
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18. U.S. Department of Housing and Urban Development
Communication from the U.S. Department of Housing and Urban Development
acknowledging receipt of the City's amendment to the Fiscal Year 2007 CDBG Annual
Action Plan.
Communication from the U.S. Department of Housing and Urban Development
expressing appreciation for the City of Dubuque's participation in the National Call to
Action for Affordable Housing through Regulatory Reform.
Suggested Disposition: Receive and File
19. 2008 Fireworks Display
Communication from the Dubuque Jaycees, KDTH, KATF, KGRR and The River
requesting permission to conduct a fireworks display on Thursday, July 3, 2008 (rain
date of July 4, 2008) on Volunteer Road.
Suggested Disposition: Receive and File; Approve
20. Legislative Correspondence
Communication to Congressman Bruce Braley urging support for the Energy Efficiency
Block Grant program.
Communication from Tom Cochran, The United States Conference of Mayors, urging
support for the Energy Efficiency Block Grant program.
Suggested Disposition: Receive and File
21. Comprehensive Plan Goals
City Manager submitting City Attorney Lindahl's suggested revisions to the Long Range
Planning Advisory Commission's recommended updates to the 2002 Comprehensive
Plan.
Suggested Disposition: Re 've and File
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22. City Manager Employment Agreement
Submittal of the Seventeenth Amendment to the City Manager's Employment
Agreement for approval.
Suggested Disposition: Receive and File; Approve
23. City Attorney Compensation
RESOLUTION ~0 ~ Establishing the compensation of the City Attorney
Suggested Disposition: Adopt Resolution
24. Downtown Area Parking Needs Study
City Manager recommending approval of the issuance of a Request for Qualifications to
complete a Downtown Area Parking Needs Assessment Study.
Suggested Disposition: Receive and File; Approve
25. Establishment of Fair Market Value - 625 Gillespie Street
City Manager recommending approval of establishing the fair market value of the
property located at 625 Gillespie Street for purposes of acquisition of the property for
expansion of the 32"d Street storm water detention basin.
RESOLUTION ~-~/(., Establishing the fair market value of certain real
property owned by the estate of Arthur P. Frommelt in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
26. Quarterly Investment Report
City Manager submitting the June 30, 2007 Quarterly Investment Report.
Suggested Disposition: Receive and File
Ayes Nays
Jones
Lynch
Michalski
Braig
Buol
Cline
Connors
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27. US 52 North Storm Sewer Improvements
Suggested Disposition: Receive and File; Adopt Resolution
City Manager recommending approval of a cooperative agreement with the Iowa
Department of Transportation (IDOT) for the U.S. 52 North Storm Sewer Improvement
Project.
RESOLUTION ~Z'~l ~' Approving the Cooperative Agreement between the
Iowa Department of Transportation and the City of Dubuque establishing for improving
an extension of Primary Road No. U.S. 52
28. Sewer Cured-in-Place Pipe (CIPP) Lining Project
City Manager recommending award of the public improvement contract for the Sewer
Cured-in-Place Pipe (CIPP) Lining Project to Visu-Sewer Clean and Seal in the amount
of $177,865.
RESOLUTION ~~/r>:~ Awarding public improvement contract for the CIPP
Lining Project
Suggested Disposition: Receive and File; Adopt Resolution
29. Iowa Great Places Grant Agreement
City Manager recommending approval of the grant agreement with the Iowa Department
of Cultural Affairs for the Bi-lingual Bike/Hike Trail Signage Project.
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RESOLUTION ~"` /~ Authorizing a grant agreement for an Iowa Great
Places Grant for the Bi-Lingual Bike/Hike Trail Signage Project
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
Jones
Lynch
Michalski
Braig
Buol
Cline
Connors
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30. Improvement Contracts /Performance, Payment and Maintenance Bonds
RESOLUTION yr ~ Approving public improvement contracts and bonds
-- US 52 North Storm Sewer Improvement Project
-- Grand River center Carpet Replacement Project
-- Third Street Overpass Light Replacement Project
-- Star Brewery Drive Construction Project
Suggested Disposition: Receive and File; Adopt Resolution
31. Business Licenses
City Manager recommending approval of annual liquor license renewals as submitted.
RESOLUTION ~~~ Granting the issuance of two renewal permits to sell
cigarettes and cigarette papers in the City of Dubuque
RESOLUTION l~f~ Granting the issuance of a Class "C" Beer Permit to
Sid's Beverage Store
RESOLUTION ~/~% Granting the issuance of a Class "C" Beer/Liquor
License to Club Phoenix, Shannon's Bar and Grill, and the Ten Pin Tap; a Special Class
"C" Liquor License to Bell Tower Productions; a Class "B" Wine Permit to Sid's
Beverage Store; a Class "WBN" Native Wine Permit to Bricktown Brewery; and a
Special Class "C" Liquor License (5-Day Special Event) to Dubuque Jaycees for August
17, September 7, and October 6, 2007
Suggested Disposition: Receive and File; Adopt Resolutions
32. Issuance of Not to Exceed $25,000,000 of Urban Renewal Tax Increment Revenue
Bonds and Port of Dubuque Public Parking Ramp Bid Award
City Manager advising that the special City Council meeting to approve the issuance of
not to exceed $25,000,000 Urban Renewal Tax Increment Revenue Bonds and the Port
of Dubuque Public Parking Ramp bid award has been changed to Wednesday, August
22, 2007 at 5:00 p.m. in the Library Auditorium.
Suggested Disposition: Receive and File
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Ayes Nays
Jones
Lynch
Michalski
Braig
Buol
Cline
Connors
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ITEMS TO BE SET FOR PUBLIC HEARING
These agenda items are being scheduled for a future public hearing on the date
indicated.
1. Disposal of Previously Vacated Alley
City Manager recommending that a public hearing be set for August 20, 2007 to
consider approval for the disposition of the City's interest in Lot 19A of Union Avenue
Subdivision to Greg F. and Dawn M. Swift.
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RESOLUTION yl Of intent to dispose of City interest in Lot 19A of Union
Avenue Subdivision in the City of Dubuque, Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
8/20/07
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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.
Building Code Board of Appeals
One 3-year expired term through August 1, 2010
One 3-year expired term through August 2, 2010
One 3-year expired term through August 1, 2008
One 3-year expired term through August 1, 2009
One 3-year expired term through August 1, 2009
Applicants:
John Schwendinger
James Kolf
No applicant
(Term of Jahns, Journeyman/Carpenter)
(Term of Kolf, Architect/Engineer)
(Term of Gudenkauf, At Large)
(Term of Carr, General Contractor)
(Term of Luchsinger, At Large)
(Journeyman/Carpenter)
(Architect/Engineer)
(At-Large)
Chuck Carr (General Contractor)
Richard Luchsinger (At-Large)
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Housing Commission ~`'~'~ ~
Twb'3-year expired terms through August 17, 2010 (Terms of Eddy and Kapler)
One 3-year vacant term through August 17, 2009 (Term of Savage) ~~
Applicants:
Char Eddylz, Erica Johnson, Judie Root, Dorothy Schwendinger, OSF ~, ~~
Transit Board of Trustees
One 3-year expired term through July 30, 2010 (Term of Stedman)
Applicants:
Harry Bemis, Ruth Scharnau, Don Stedman
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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.
SUSPEND THE RULES
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1. Cancer Survivor Park Lease Agreement
Proof of publication on of hearing to consider disposing of interest in real property
by lease agreement wit nth Finley Hospital for the Cancer Survivor Park and City
Manager recommendin approval.
RESOLUTION `/l ~ Disposing of an interest in real property by lease with
The Finley Hospital
Suggested Disposition: Receive and File; Adopt Resolution
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• 2. Water Revenue Capital Loan Notes
Proof of publication on notice of hearing to consider approval of the issuance of
$1,037,000 Water Revenue Capital Loan Notes and City Manager recommending
approval.
RESOLUTION ~1. ~~ Instituting proceedings to take additional action for
the authorization of a Loan and Disbursement Agreement and the issuance of
$1,037,000 Water Revenue Capital Loan Notes
Suggested Disposition: Receive and File; Adopt Resolution
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3. Eagle Point Water Plant Clear Well Rehabilitation Project
Proof of publication on notice of hearing to consider approval of the plans and
specifications, form of contract, and estimated cost for the Eagle Point Water Plant
Clear Well Rehabilitation Project and City Manager recommending approval.
RESOLUTION ~~ /~ Approving plans and specifications, form of contract,
and estimated cost for the Eagle Point Water Plant Clear Well Rehabilitation Project
Suggested Disposition: Receive and File; Adopt Resolution
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4. Five Fla s Sidewalk Re lacement Project
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Proof of publication on notice of hearing to consider approval of the plans and
specifications, form of contract, and estimated cost for the Five Flags Sidewalk
Replacement Project and City Manager recommending approval.
RESOLUTION `~0.~4` Approving plans and specifications, form of contract,
and estimated cost for the Five Flags Sidewalk Replacement Project
RESOLUTION `~~.~ Awarding public improvement contract for the Five
Flags Sidewalk Replacement Project
Suggested Disposition: Receive and File; Adopt Resolution.~^
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5. Art's,..Way / Vesse~~iy~~ji Development Agreement
Proof of publication on notice of hearing to consider approval of a development
agreement with Art's-Way Vessel's, Inc., the sale of 5.97 acres of land in Dubuque
Industrial Center West and the use of Tax Increment Financing for the project and City
Manager recommending approval.
RESOLUTION ~or 7 , Approving a Development Agreement providing for J
the sale of 5.97 acres in the Dubuque Industrial Center West to Art's-Way Vessels, Inc. ,/
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Suggested Disposition: Receive and File; Adopt Resolution ~~j/~`' Cam,
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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. Five Flags Civic Center Update
Joyce White, General Manager of the Five Flags Civic Center, to provide presentation
on activity level in Fiscal Year 2007 and projected activity level for Fiscal Year 2008.
Suggested Disposition: Receive and File
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Warehouse District Revitalization Strategy
City Manager recommending adoption of the Warehouse District Revitalization Strategy.
Presentation by Dan LoBianco, Dubuque Main Street, and Tim McNamara, Property ~'
Owner, regarding the Warehouse District Revitalization Strategy. ~~ ' i~ ~
RESOLUTION ~o~ ?~ Adopting the Warehouse District Revitalization
Strategy
Suggested Disposition: Receive and File; Adopt Resolution
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3. John F. Kenned Road Sidewalks - Asbu Road to the Northwest Arterial
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City Manager providing information regarding the installation of sidewalks on John F.
Kennedy Road from Asbury Road to the Northwest Arterial and requesting Co ncil
direction.
Suggested Disposition: Receive and File; Council Direction Lt
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2007 Art on the River
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Communication from the Arts and Cultural Affairs Advisory Commission requesting City
Council concurrence with the selection of artwork for the 2007 Art on the River
Competition.
Suggested Disposition: Receive and File; Approve
Ayes Nays
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5. Fiscal Year 2007 and 2008 Annual Action Plan Amendment -Economic
Development Loans
City Manager recommending approval of an amendment to the Fiscal Year 2007 and
Fiscal Year 2008 Annual Action Plans for the City's Community Development Block
Grant (CDBG) program to provide for forgivable loans and grants for economic
development activities.
RESOLUTION `7sr7~~ Approving amendment to the Fiscal Year 2007
(Program Year 2006) and Fiscal Year 2008 (Program Year 2007) Annual Action Plans
for Community Development Block Grant funds
Suggested Disposition: Receive and File; Adopt Resolution
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6. Cottingham and Butler -Development Agreement
City Manager recommending approval of a Development Agreement with Cottingham
and Butler for the rehabilitation of the Security Building located at 800 Main Street.
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RESOLUTION ~~ ~ Approving a Development Agreement for Cottingham
and Butler's Security Building project
Suggested Disposition: Receive and File; Adopt Resolution
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7. Vacant /Abandoned Building Ordinance
City Attorney recommending approval of an amendment to the Vacant and Abandoned
Buildings Ordinance that includes minor changes regarding code violations and which
extends the period of time that the building is unoccupied from six continuous months to
twelve continuous months.
ORDINANCE ~'7 Amending Article VII of the City of Dubuque Code of
Ordinances Licensing of Vacant and Abandoned Buildings
Suggested Disposition: Receive and File; Motion B; Motion A
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8. Second Amendment to Port of Dubuque Public Parking Facility Development
Agreement
City Manager recommending approval of the second amendment to the Port of
Dubuque Public Parking Facility Development Agreement.
RESOLUTION ~~c4 Approving the Second Amendment to the Port of
Dubuque Public Parking Facility Development Agreement
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
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COUNCIL MEMBER REPORTS
PUBLIC INPUT
At this time, anyone in the Council Chambers may address the Council on matters which are of
concern to that person and which are not an agenda item. Please take your place at the
microphone and state your name and address clearly. Proceed with your comments; however,
no formal action may be taken at this time on your comments because of the notice
requirements of the Iowa Open Meetings Law.
CLOSED SESSION
Pending Litigation and Property Acquisition -Chapter 21.5(1)(c)Q) 2007 Code of Iowa
Motion to adjourn at ~ ~~
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