3 18 02 Skeleton SheetCITY COUNCIL REGULAR SESSION, MARCH 18, 2002
c,. ~..,~~..,~.~.. ~o~o~.o. ~o..s~ ~. ~,.~
ABSENT:
Mayor Duggan read the call and stated this is the regular session of the City Council
called for the purpose of acting upon such business which may property come before
the City Council.
INVOCATION: Dr. Alan Crandall, Campus Chaplain, University of Dubuque
CONSENT~/A/y~sITEMSDugganNays .//~~~'
/~hMichalski
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CONSENT ITEMS
Minutes Submitted
Airport Commission of 2~25; Building Code Board of Appeal of 2/28; Citizens with
Disabilities Parking Review Committee of 1/22; City Conference Board of 2/11 and 3/4;
City Council of 2/27 and 3~4; Civil Service of 2/8; Electrical Code Board of 2/27;
Environmental Stewardship Advisory Commission of 3~5; Five Flags Commission of
1/14; Governing Board of the Municipal Housing Agency of 3~5; Historic Preservation
Commission of 2/11 and 2/21; Housing Commission of 2/28; Housing Commission
Trust Fund Committee of 2/22; Human Rights Commission of 2/11 and 2/21; Long
Range Planning Advisory Commission of 2/20; Mechanical Board of 3/5; Zoning
Advisory Commission of 3/6; Zoning Board of Adjustment of 2/28
Proof~ of publication of City Council Proceedings for 2/20, 2/21, 2/25 and 2/27; and List
of Claims and Summary of Revenues for Month Ending January 31, 2002
Finance Director submitting the Financial Reports for the month ending February 28,
2002
Suggested Disposition: Receive and File
Ayes Nays
Duggan
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Notice of Claims/Suits
Cindy Frommelt in estimated amount of $241.72 for vehicle damage; Fannie Stout
House in estimated amount of $350 for property damage; Lynn E. Lampe in estimated
amount of $862.89 for vehicle damage; Marty and Linda Maas in estimated amount of
$3,243.50 for vehicle damage; Kenneth and Maria Meyer in estimated amount of
$2,460.20 for prope[ty damage; Gus Psihoyos in estimated amount of $597.68 for
vehicle damage; Joan Reinholt in undetermined amount for personal injury; Jeanne
Schneider in estimated amount of $1,363.82 for vehicle damage
Suggested Disposition: Receive and File; Refer to Legal for Investigation/Report
Corporation Counsel advising that the following claims have been referred to Public
Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool:
Allied Insurance (for Marry Maas) for vehicle damage; Lynn E. Lampe for vehicle
damage; Maria and Kenneth Meyer for property damage; Gus Psihoyos for vehicle
damage; Joan Reinholt for personal injury; Jeanne Schneider for vehicle damage;
James VanVors for personal injury; and Jennifer Ziegler for personal injury.
Corporation Counsel recommending denial of the claims of Deborah S. DeVenuta for
vehicle damage, Jorja's Restaurant for property damage, and Christine Kuhle for
vehicle damage.
Corporation Counsel recommending settlement of the claim of Lois Wubben in the
amount of $88.38 for vehicle damage and directing the Finance Director to issue the
appropriate payment.
Suggested Disposition: Receive and File; Concur; Finance Director to Issue
Payment
Ayes Nays
Duggan
Markham
Michalski
Nicholson
Buol
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m
Iowa Department of Transportation
Communication from Mark F. Wandro, Director of the Iowa Department of
Transportation, acknowledging receipt of Mayor Duggan's letter regarding Iowa 32.
Communication from Donna Smith, Chair of the Dubuque County Board of Supervisors,
to Mark Wandro, Iowa Department of Transportation regarding the future of IA32
(Southwest Arterial).
Suggested Disposition: Receive and File
Legislative Correspondence
Communication of City Manager Michael C. Van Milligen to area legislators regarding
the recent State budget proposal which eliminates funding for aviation and the
programs that have been administered by the Iowa DOT Office of Aviation and the
negative impact it would have on the City of Dubuque.
Communication of City Manager Michael C. Van Milligen to area legislators urging them
to resist any efforts to further erode the use of Tax Increment Financing in the State of
Iowa (Senate File 2284).
Communication of City Manager Michael C. Van Milligen to area legislators urging them
to support a comprehensive property tax study bill (Senate File 2284).
Communication of City Manager Michael C. Van Milligen to area legislators requesting
their support of an appropriation for the Brownfield Redevelopment Fund.
Communication of City Manager Michael C. Van Milligen to area legislators requesting
that they not support the Construction Management Bill (Senate File 2292) as it will
severely hinder cities undertaking public improvements.
Communication of City Manager Michael C. Van Milligen to area legislators regarding
Chapter 411 of the Municipal Fire and Police Retirement System to Iowa.
Suggested Disposition: Receive and File
Ayes Nays
Duggan
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Michaiski
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4
Hillcrest Family Services Continuum of care Project - Notice of No Significant
Impact
City Manager recommending approval of a combined notice of no significant impact on
the environment and notice of intent to request release of funds for the Hillcrest Family
Services Continuum of Care Project.
RESOLUTION/z//~''~ ~- Authorizing publication of a Combined Notice of Finding
of No Significant Impact on the Environment and Notice of Intent to Request Release of
Funds for the Hillcrest Family Services Continuum of Care Project
Suggested Disposition: Receive and File; Adopt Resolution
A.H. Oeth Subdivision No. 5 - Plat of Survey
Zoning Advisory Commission recommending approval of the Plat of Survey of Lots 1, 2
and 3 of A.H. Oeth Subdivision No. 5.
RESOLUTION x/~/~ ~-'~ Approving the Plat of Survey of Lots 1, 2 and 3 of
A.H. Oeth Subdivision No. 5 in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
Final Plat for Davis Place II
Zoning Advisory Commission recommending approval of the minor final plat for Davis
Place II to facilitate construction of a 19-unit rooming and boarding house on Lot 2 (511
- 515 Garfield Avenue).
RESOLUTION J~//'~ Approving the Final Plat of Davis Place II in the City of
Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
Nays
Duggan
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Michalski
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10.
Land and Water Conservation Fund Grant Application for Harvest View Estates
Park
City Manager recommending approval of the submission of a Land and Water
Conservation Fund Grant Application for Harvest View Estates Park.
RESOLUTION /z/~ ~ on Acquisition or development for outdoor recreation
Suggested Disposition: Receive and File; Adopt Resolution
Collective Bargaining Agreement with the Amalgamated Transit Union
City Manager recommending approval of a one year agreement between the City of
Dubuque and the Amalgamated Transit Union, Local #329.
RESOLUTION /'~-/'~'-~'~ . Approving the agreement between the City of
Dubuque, Iowa, and the Amalgamated Transit Union, Local #329 and authorizing the
Mayor to sign the agreement
Suggested Disposition: Receive and File; Adopt Resolution
Corps of Engineers Construction Permit
City Manager recommending approval to execute a Corps of Engineers construction
permit to allow the Peavey Company to construct a river terminal dock facility in the
Peosta Channel.
RESOLUTION/~~--~Authorizing execution of the Corps of Engineers permit
for construction of a river terminal dock facility in the Peosta Channel
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
Duggan
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Michaisld
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12.
13.
Center Grove Storm Sewer Reconstruction Project- Acceptance
City Manager recommending acceptance of the Center Grove Storm Sewer
Reconstruction Project as completed by Horsfield Construction in the final contract
amount of $88,664.25.
RESOLUTION/~/'~c~-~Accepting improvement
RESOLUTION /~-~-O~Approving final estimate
Suggested Disposition: Receive and File; Adopt Resolutions
Jackson Street Relief Storm Sewer Construction Project- Acceptance
C~'y Manager recommending acceptance of the Jackson Street Relief Storm Sewer
Construction Project as completed by Portzen Construction in the final contract amount
of $288,472.48.
RESOLUTIONJ~'~5~ Accepting improvement
RESOLUTION/~--~ Approving final estimate
Suggested Disposition: Receive and File; Adopt Resolutions
Northwest Arterial Basin Modifications Project (Phase I) - Acceptance
City Manager recommending acceptance of the Northwest Arterial Basin Modification
Project (Phase I), as completed by Horsfield Construction in the final contract amount of
$175,573.79.
RESOLUTION//~~ Accepting improvement
RESOLUTION/~_~'~'-~'- ~-~;~-~ Approving final estimate
Suggested Disposition: Receive and File; Adopt Resolutions
Ayes Nays
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14.
15.
Economic Development Administration Grant Application
City Manager recommending approval of a pre-application to the Economic
Development Administration for a $2 million grant for acquisition of the Adams
Company property.
RESOLUTION -/~-~--/Authorizing the filing of a pre-application to the Economic
Development Administration
Suggested Disposition: Receive and Fils; Adopt Resolution
Cottingham and Butler Insurance Services, Inc. - Enterprise Zone Agreement
City Manager recommending approval of an Enterprise Zone Agreement between the
iowa Department of Economic Development, City of Dubuque, and Cottingham and
Butler insurance Services, Inc., related to the rehabilitation of the Town Ciock Buildincj
at 835 Main Street.
RESOLUTION J~'~-~Approving an Enterprise Zone Agreement by and among
the Iowa Department of Economic Development, the City of Dubuque, and Cottingham
and Butler insurance Service, Inc.
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
Duggan
Markham
Michalski
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16.
18.
19.
Civil Service Commission
Civil Service Commission submitting the certified list for the position of Engineering
Assistant I.
Suggested Disposition: Receive and File; Make a Matter of Record
Urban Deer Management Program
Copy of a media release providing a report on the 2001 - 2002 Urban Deer
Management Program.
Suggested Disposition: Receive and File
General Obligation Bonds to Support Main Street Project
City Manager recommending the issuance of $1,000,000 General Obligation Bonds,
Series 2002B in support of the Main Street construction project.
RESOLUTION/~~ Appointing Wells Fargo Bank Iowa, National Association
of Des Moines, Iowa, 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
RESOLUTIONf~ ~',~ Authorizing and providing for the issuance of $1,000,000
General Obligation Bonds, Series 2002B, and levying a tax to pay said bonds
Suggested Disposition: Receive and File; Adopt Resolutions
Business Licenses
RESOLUTION/~'/~L/-~Grantlng issuance of a Class 'C" Beer Permit to Arby's Q
Mart
RESOLUTION//~',~,~,, Granting issuance of a Class 'C' Beer/Liquor License to
Windmills, Neighbor's Tap, Bunker Hill Golf Course, Eagles Club #568, and Dubuque
Greyhound Park
Suggested Disposition: Adopt Resolutions
Ayes Nays
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BOARDS/COMMISSIONS
Appointments to the following Commission:
Community Development Advisory Commission: Three vacancies - Census Tract 2;
Census Tract 5 (term of Dan Shireman); At-Large (term of Walter Pregler)
Applicants: Census Tract 5 - Dan Shireman; At-Large - Walter Pregler
Nays
Duggan
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PUBLIC HEARINGS
SUSPEND THE RULES
~ves Nays
// ~/"~ichalski
~'.)Nichoison
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Rezoning Request of Dennis and Lori Ansel (Tabled on 214/02)
Proof of publication on notice of hearing to consider rezoning property located at 2001
Rockdale Road from R-1 Single Family residential District and C~2 Neighborhood
Commercial District to CS Commercial Service and Wholesale District and Zoning
Advisory Commission~ re/commending denial of the rezoning.
ORDINANCE X //v~ Amending Appendix A (the Zoning Ordinance) of the City
of Dubuque Co~e (~f Ordinances by reclassifying hereinafter described properb/located
at 2001 Rockdale Road from R-1 Single Family District and C-1 Neighborhood
Commercial District to CS Commercial Service and Wholesale District
Suggested Disposition: Remove from Table; Receive and File; Concur with
Denial; or Motion B; Motion A
A/yes Nays
~ Duggan
~' Cline
Connors
Rezoning Request of Greater Dubuque Development CorporafionlKirchoff Realty
Proof of publication on notice of hearing to consider amending the PUD Planned Unit
Development with a PI Planned Industrial designation to allow primary signs to identify
products or services, and to permit a maximum of five primary signs per lot or premises
in the Dubuque Industrial Center as requested by the Greater Dubuque Development
Corporation/Kirchoff Family Realty and Zoning Advisory Commission recommending
approval.
ORDINANCE /~- Amending Appendix A (The Zoning Ordinance) of the City
of Dubuque Code of Ordinances by repealing Sections E(4)(C)(1) and E(4)(C)(2) of
Ordinance 69-98 and enacting new Sections E(4)(C)(1) and E(4)(C)(2) in lieu thereof
pertaining to on-premise primary signnge of the PI Planned Industrial District for
Dubuque Industrial Center
Suggested Disposition: Receive and File; Motion B; Motion A
Nays
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Text Amendment- City of Dubuque
Proof of publication on notice of hearing to consider amending the Zoning Ordinance to
allow off-street parking lots for churches and schools as a conditional use as requested
by the City of Dubuque and the Zoning Advisory Commission recommending approval.
ORDINANCE J,~-~-~ Amending Appendix A (the Zoning Ordinance) of the City of
Dubuque Code of Ordinances by amending Section 3-1.1(D)(3), 3-1.2(D)(4) and 3-
1.3(D)(5) Conditional Uses for the R-1 Single-Family Residential District, R-2 Two-
Family Residential District and the R-2A Alternate Two-Family Residential District to
allow off-street parking lots for adjacent schools and churches as a conditional use
Suggested Disposition: Receive and File; Motion B; Motion A
Ayes Nays
~i- Duggan
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Napier Street Storm and Sanitary Sewer Reconstruction Project
Proofs of publication on notice of hearing on plans and specifications, and notice to
bidders on the receipt of bids, and City Manager recommending award of the Napier
Street Storm and Sanitary Sewer Reconstruction Project to Fondell Excavating in the
amount of $g7,862.80.
RESOLUTION ./J~ ~Adopting plans and specifications for the project
RESOLUTION./~-~'~ Awarding contract to Fondell Excavating
Suggested Disposition: Receive and File; Adopt Resolutions
_ Michalski
/~/Nicholson
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Connors
Burlington Northern Depot Restoration Project
Proofs of publication on notice of headng on plans and specifications, and notice to
bidders on the receipt of bids, and City Manager recommending award of selected
construction contracts and the rejection of others for the Burlington Northern Depot
Restoration Project.
RESOLUTION ~/~'~ Adopting plans and specifications for the project
RESOLUTION./'~~, Awarding contracts
RESOLUTION./~'~'~~- Rejecting bids
Suggested Disposition: Receive and File; Adopt Resolutions
Duggan
Michalski
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REINSTATE THE RULES
/~yes Nays
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Michalski
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ACTION ITEMS
Eagle Point No. 2 - Final Plat (Tabled at 2/18/02 Meeting)
Communication from the City Manager requesting that this item be tabled to the Apdi 1,
2002 City Council meeting.
Zoning Advisory Commission recommending approval of the final plat of Eagle Point
No. 2 Subdivision at the end of Rhomberg Avenue in the City of Dubuque and Dubuque
County as requested by the City of Dubuque.
Communication from Bdan J. Kane, representing Clint V. Johnson, requesting the City
Council approve Mr. Johnson's purchase of real estate owned by the City of Dubuque
that is adjacent to his property.
RESOLUTION Approving the final plat of Eagle Point No. 2 in the City of Dubuque,
Iowa
Suggested Disposition: Table to 4/1/02
Ayes Nays
/ Duggan
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// Michalski
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Arbor Estates - Final Plat
City Manager recommending approval of the final plat for the first phase of Arbor
Estates in the City of Dubuque, Iowa as submitted by Kivlahan Farms, L.C.
RESOLUTION J~'~- Approving the final plat of Lots 1 thru 8, inclusive, and Lot
A of Block 1, Block 2, Block 3, Lots 1 thru 13, inclusive, of Block 4, Lots 1 thru 11,
inclusive, of Block 5, Lots 11 and 12 of Block 6, Lots I and 2 of Block 7, and Lots A thru
G, inclusive, all of Arbor Estates, in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
~yes Nays
Duggan
MazEbam
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/Buol
/~)Cline
// L./Connom
Harvest Business Center - Final Plat
City Manager recommending approval of the final plat of Harvest Business Center
located immediately east of Resurrection Church and which is the commercial portion
of the Harvest View Estates Subdivision.
RESOLUTION./~ ~'~- Approving the final plat of Harvest Business Center in
the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
~es Nays
Duggan
CM!chaiski
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Streetscape and Landscape Design Guidelines
Historic Preservation Commission recommending approval of the Streetscape and
Landscape Design Guidelines for the City's histodc districts.
Suggested Disposition: Receive and File; Approve
(~ A~,~ Nays
Duggan
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/ Nicholson
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/ j /~Connors
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Update of Heritage Trail Extension Project
City Manager recommending approval of the plans for the Heritage Trail Extension
Project and bidding of the project by the Iowa Department of Transportation.
Suggested Disposition: Receive and File; Approve
Nays
~h~Michalski
/ ~,'~icholson
,/ v Buol
J / Cline
Connors
19
Sm
Southwest Arterial Building Permit Moratorium
City Manager recommending extension of the Building Permit Moratorium, which
expired on February 19, 2002, for the IA32-Southwest Arterial Corridor at the U.S.
20/Seippel Road interchange until April 1, 2003 to allow continued work on the
Environment. st Assessment Study.
ORDINANCE ~ ~>~-.~ Amending Chapter 11 (Buildings and Building Regulations)
of the City of Dubuque Code of Ordinances by amending Section 11-58.3 of the City of
Dubuque Code of Ordinances by establishing a twelve month moratorium on the
issuance of permits for work in the Southwest Arterial Corridor.
Suggested Disposition: Receive and File; Motion B; Motion A
Nays
Michalski
Nicholson
Buol
cii.e
Connors
2O
Extension of Highway 20 Building Permit Moratorium
City Manager recommending approval of an Iowa Department of Transportation request
to extend the building permit moratorium on Highway 20 until May 1, 2003 from Bluff
Street east to the city limits in connection with the U.S. Mississippi River Crossing
Study.
ORDINANCE~/~2~_~~ Amending Chapter 11 (Buildings and Building Regulations)
of the City of Dubuque Code of Ordinances by amending Section 11-58.1 of the City of
Dubuque Code of Ordinances by establishing a twelve month moratorium on the
issuance of permits for work in the U.S. Highway 20 Corridor.
Suggested Disposition: Receive and File; Motion B; Motion A
Nays
Duggan
~~ BCiMichalski
icholson
uol
ine
Connors
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Amendment to the Code of Ordinances - Offenses and Miscellaneous Provisions
City Manager recommending the addition of two sections to the City of Dubuque Code
of Ordinances which would allow for a person suffedng from intoxication from
substances other than alcohol to be held responsible for their actions as well as add
protections for the general public.
ORDINANCE ~ -~2c~/ Amending the City of Dubuque Code of Ordinances by
adding a new Section 33-83 Prohibiting Being Under the Influence of a Controlled
Substance in a Public Place and adding a new Section 33-84 Prohibiting Sniffing Glue
or other Chemical Substances
Suggested Disposition: Receive and File; Motion B; Motion A
Ayes Nays
~.~icholson
Buoi
Cline
Connors
Amendment to the Code to Ordinances - Alcoholic Beverages
City Manager recommending adoption of an amendment to the City of Dubuque Code
of Ordinances to prohibit underage persons from remaining after 9:00 p.m. in those
establishments where more than thirty-five pement of the business conducted on such
premises is the sale or dispensing of liquor, wine or beer, except under the conditions of
Subsection 5-7.2(b).
ORDINANCE ~5-~ Amending the City of Dubuque Code of Ordinances
Section 5-7.2(a) underage persons prohibited from premises where alcoholic liquor is
sold or dispensed
Suggested Disposition: Receive and File; Motion B; Motion A
Ayes Nays
/ Duggan
~Michalski
~'~;/J~lichoison
~ ~)BUOI
'-~ Cline
Connom
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10.
Vehicle Impoundment Ordinance
City Manager recommending modifications to the existing Vehicle Impoundment
Ordinance to provide the authority to impound vehicles from pdvate lots, with the
property owner's consent, and eliminating the twelve month time limitation for the
collection of unpaid fines.
ORDINANCE~~..~ Amending the City of Dubuque Code of Ordinances
Section 32-411 removal and impoundment of vehicles by permitting the towing of
vehicles on private property with the proped~ owner's consent.
Suggested Disposition: Receive and File; Motion B; Motion A
~yes Nays
Duggan
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L:X. Nicholson
Cline
Connom
COUNCIL MEMBER REPORT~
23
ITEMS TO BE SET FOR PUBLIC HEARING
2,
3,
Carmel Drive - Request to Vacate - April 1, 2002
Operations and Maintenance Center Roof Repair Project - Initiate - April 15, 2002
Tanzanite Drive Paving Project- Initiate- April 15, 2002
Motion: Receive and file communications, Motion B, Motion A
/~yes Nays
Duggan
ichalski
icholson
Cline
Connors
Carmel Drive - Request to Vacate
City Manager recommending that a public hearing be set for April 1, 2002 to consider a
request from the Sisters of Charity of the Blessed Virgin Mary that the City vacate a
portion of Carmel Drive abutting their property.
RESOLUTION/,~4:~'~,=~ Approving plat of proposed vacated portion of Carmel
Drive
ORDINANCE ~:~,.~-~---'~;2c~-_--'Vacating a portion of Carmel Drive
RESOLUTION JY~'~;~-- of Intent to dispose of City interest in Lot 5A of Carmel
Heights, Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution; Motion B; Motion A;
Public Hearing 4/1/02
24
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Operations and Maintenance Center Roof Repair Project- Initiate
City Manager recommending initiation of the bidding process for the Operations and
Maintenance Center Roof Repair Project and setting a public hearing for April 15, 2002.
RESOLUTION//----'~'~::~ Preliminary approval of plans and specifications
RESOLUTION ./~.~ Fixing date of hearing on plans and specifications
RESOLUTION//;~,~2,~- Ordering bids
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
4/15/02
=
Tanzanite Drive Paving Project - Initiate
City Manager recommending initiation of the bidding process for the Tanzanite Drive
Paving Project and setting a public hearing for April 15, 2002.
RESOLUTION /?~ Preliminary approval of plans and specifications
RESOLUTION /;?~: ~ ~:;~'~ Fixing date of hearing on plans and specifications
RESOLUTION /~'~?c>~-~Ordering bids
Suggested Disposition: Receive and File; Adept Resolutions; Public Hearing
4/15/02
Ayes Nays
Duggan
Markham
Michalski
Nicholson
Buol
Cline
Connors
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.
25
CLOSED SESSION
Property Acquisition - Chapter 21.5(1)(j) 2001 Code of Iowa
Motion to go into closed session at
,~es Nays
Duggan
~ /';'~)Michalski
~/ /~/Nicholson
/ ~ Buo~
/ Cline
j Connors
Motion to adjourn at
Ayes Nays
Duggan
Markham
Michalski
Nicholson
~-B~ uol
~line
'-"Connom
26