Minutes_City Council Proceedings 2 15 21 Copyrig hted
March 1, 2021
City of Dubuque Consent Items # 1.
City Council Meeting
ITEM TITLE: Minutes and Reports Submitted
SUMMARY: City Council Proceedings of 2/15; Civil Service Commission of 2/9.
SUGGESTED Suggested Disposition: Receive and File
DISPOSITION:
ATTACHMENTS:
Description Type
City Council Proceedings of 2/15/21 Supporting Documentation
Civil Service Commission Minutes of 2/9 Supporting Documentation
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
The Dubuque City Council met in special session at 5:00 p.m. on February 15, 2021.
Due to the COVID-19 pandemic and mandates for social distancing, this meeting was
conducted virtually via GoToMeeting and aired live on CityChannel Dubuque (Mediacom
cable channels 8 and 117.2), streamed live on the City's website at
www.cityofdubuque.org/media, and streamed live on the City's Facebook page at
www.facebook.com/cityofdubuque.
Present: Mayor Buol; Council Members Cavanagh, Jones, Lynch, Resnick, Roussell,
Sprank; City Manager Van Milligen, City Attorney Brumwell
Mayor Buol read the call and stated this is a special session of the City Council called
for the purpose of conducting work sessions on the COVID-19 pandemic update and
Travel Dubuque update.
WORK SESSIONS (2)
1. COVID-19 Pandemic Update
City staff and network partners provided updates on the internal and community-facing
responses to the COVID-19 pandemic.
• Community COVID-19 Update & Communication Response: Mary Rose
Corrigan, Public Health Specialist and Ryan Feller, Self Sufficiency Coordinator
• Greater Dubuque Development Corporation Update: Rick Dickinson,
President/CEO
• Community Foundation of Greater Dubuque Update: Jenna Manders, Director of
Strategic Relations
The presenters responded to questions from the City Council following their
presentations.
This work session concluded at 5:50 p.m.
2. Travel Dubuque Update
Travel Dubuque President and CEO Keith Rahe presented a report from 3rd and 4tn
quarter of calendar year 2020. Topics included:
• Travel Dubuque Mission
• Travel Related Expenditures
• Hotel/Motel Tax Records and Occupancy
• Impact from COVID-19
• Marketing and Sales Efforts
• Sports and Events
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• Guest Services
• Community Engagement
• Inclusivity
• Fiscal Year 2022 Budget
Responding to a question from City Council regarding Travel Dubuque's efforts to
promote Dubuque to residents, Mr. Rahe stated that Travel Dubuque has focused on
promoting local opportunities for residents through social media.
There being no further business, Mayor Buol declared the meeting adjourned at 6:22
p.m.
/s/Adrienne N. Breitfelder
City Clerk
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CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:30 p.m. on February 15, 2021.
Due to the COVID-19 pandemic and mandates for social distancing, this meeting was
conducted virtually and aired live on CityChannel Dubuque (Mediacom cable channels 8
and 117.2), streamed live on the City's website at www.cityofdubuque.org/media, and
streamed live on the City's Facebook page at www.facebook.com/cityofdubuque.
Present: Mayor Buol; Council Members Cavanagh, Jones, Lynch, Resnick, Roussell,
Sprank; City Manager Van Milligen, City Attorney Brumwell.
Mayor Buol read the call and stated this is a regular session of the City Council called
for the purpose of conducting such business that may properly come before the City
Council.
PLEDGE OF ALLEGIANCE
PROCLAMATION(S)
1. Captain Robert L. Martin Proclamation (February 2021) was accepted by Dawnelle
Gordon, Gabrielle Martin, Dominique Martin, and R.R.S. Stewart on behalf of the
Captain Robert L. Martin Commemoration Committee and the Dubuque Branch of the
NAACP.
2. Dubuque Eagles Aerie & Auxiliary Month (February 2021) was accepted by Mayor
Buol on behalf of the Dubuque Fraternal Order of Eagles.
CONSENT ITEMS
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Motion by Resnick to receive and file the documents, adopt the resolutions, and
dispose of as indicated. Seconded by Sprank. Motion carried 7-0.
1. Minutes and Reports Submitted: City Council Proceedings of 2/1; Community
Development Advisory Commission of 2/4; Housing Commission of 2/1; Human Rights
Commission of 1/11; Library Board of Trustees of 12/17; Library Board of Trustees
Council Update #206 on 1/28; Zoning Advisory Commission of 2/3; Proof of Publication
of City Council Proceedings of 1/19. Upon motion the documents were received and
filed.
2. Notice of Claims and Suits: Jennifer Connolly for property damage; Dennis Day for
property damage; Ashley Johnson for property damage; Biniv Maskay for
personal/property damage. Upon motion the documents were received, filed, and
referred to the City Attorney.
3. Disposition of Claims: Dennis Day for property damage and Biniv Maskay for
personal/property damage. Upon motion the documents were received, filed, and
concurred.
4. Approval of City Expenditures: City Manager recommended City Council approval
for payment of City expenditures. Upon motion the documents were received and filed,
and Resolution No. 32-21 Authorizing the Director of Finance and Budget/City
Treasurer to make certain payments of bills that must be paid and approved for
payment in accordance with City procedures was adopted.
5. Preliminary Plat of Cedar Ridge Commercial Park: Zoning Advisory Commission
recommended approval of the Preliminary Plat of Cedar Ridge Commercial Park. Upon
motion the documents were received, filed and approved.
6. Agreement between the City of Dubuque and ITC Midwest, LLC to operate an
Electric Transmission System in the City of Dubuque:
Senior Counsel recommended adoption of a resolution approving the Agreement
authorizing ITC Midwest, LLC to operate an electric transmission system in the City of
Dubuque until December 31, 2021. Upon motion the documents were received and filed,
and Resolution No. 33-21 Approving an Agreement between the City of Dubuque and
ITC Midwest, LLC to operate an Electric Transmission System in the City of Dubuque
was adopted.
7. Accepting a Special Warranty Deed from Roasting Solutions, LLC:
City Manager recommended acceptance of a Special Warranty Deed from Roasting
Solutions, LLC reconveying the Expansion Property to the City of Dubuque.
Upon motion the documents were received and filed, and Resolution No. 34-21 Accepting
a Special Warranty Deed from Roasting Solutions, LLC was adopted.
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8. Seventh Amendment to Amended and Restated Development Agreement between
the City of Dubuque, lowa, and Dubuque Racing Association, LTD: City Manager
recommended approval of the Seventh Amendment to Amended and Restated
Development Agreement between the City of Dubuque, lowa, and Dubuque Racing
Association, LTD. Upon motion the documents were received and filed, and Resolution
No. 35-21 Approving the Seventh Amendment to Amended and Restated Lease
Agreement between the Dubuque Racing Association and the City of Dubuque was
adopted.
9. Digmann. vs. City of Dubuque Board of Review 2020 Property Tax Appeal:
Senior Counsel provided a copy of the Stipulation of Settlement regarding a tax
assessment appeal filed by Steven Digmann with the Property Assessment Appeal
Board. Upon motion the documents were received and filed.
10. December 31, 2020 Quarterly Investment Report: City Manager transmitted the
December 31, 2020 Quarterly Investment Report. Upon motion the documents were
received and filed.
11. Certify 2020 Urban Revitalization Improvements: City Manager recommended
approval of a resolution approving property tax abatement applications for 24 residential
properties filed in accordance with the Urban Revitalization ordinance and authorizes
transmittal to the City Assessor for processing of the tax abatement. Upon motion the
documents were received and filed, and Resolution No. 36-21 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 was adopted.
12. Competitive Revitalize lowa's Sound Economy (RISE) Application for Road
Improvements to the East Entrance to the Dubuque Industrial Center West on
Chavenelle Road between the Northwest Arterial and Radford Road: City Manager
recommended approval of a resolution endorsing a $1,876,907 Revitalize lowa's Sound
Economy (RISE) grant application for road improvements to the east entrance to the
Dubuque Industrial Center West on Chavenelle Road. Upon motion the documents
were received and filed, and Resolution No. 37-21 Endorsing the submission of a
Revitalize lowa's Sound Economy (RISE) application to the lowa Department of
Transportation for roadway improvements to the east entrance of the Dubuque
Industrial Center West on Chavenelle Road in the City of Dubuque was adopted.
13. Valentine Park Community Garden Approval: City Manager recommended
approval to proceed with a community garden at Valentine Park with community
volunteers taking the lead on the project. Upon motion the documents were received,
filed and approved.
14. Bee Branch Creek Greenway Featured in Landscape Architect and Specifier
News Magazine: City Manager transmitted information on the Bee Branch Creek
Greenway being featured in the January 2021 edition of Landscape Architect and
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Specifier News Magazine. Upon motion the documents were received and filed.
15. Spahn and Rose Lumber Co. Property Radford Road Right of Way Plat and
Dedication: City Manager recommended approval of the Acquisition Plat of Lot A of Lot
2-1 of Wolff Place No. 2, in the City of Dubuque, lowa, and acceptance of the dedication
of said lot for street right of way and public utilities purposes. Upon motion the
documents were received and filed, and Resolution No. 38-21 Approving the Acquisition
Plat of Lot A of Lot 2-1 of Wolff Place No. 2, in the City of Dubuque, lowa was adopted.
16. Memo Recording Award of the 2021 Asphalt Overlay Curb Ramp Project 1 : City
Manager recommended that the award for the 2021 Asphalt Overlay Curb Ramp Project
1 be officially recorded in the minutes of the City Council. Upon motion the documents
were received, filed and made a Matter of Record.
17. Memo Recording Award of the Multicultural Family Center Sidewalk Replacement
Project: City Manager recommended that the award for the Multicultural Family Center
Sidewalk Replacement Project be officially recorded in the minutes of the City Council.
Upon motion the documents were received, filed and made a Matter of Record.
18. Chavenelle Road Hike Bike Trail Phase 1 lowa DOT Project No. EDP-2100(695)-
-7Y-31 Acceptance of Public Improvement Project CIP 3602273: City Manager
recommended acceptance of the public improvement construction contract for the
Chavenelle Road Hike-Bike Trail — Phase 1 Project, as completed by Midwest
Concrete, Inc., in the final contract amount of$728,158.12, which is a 14% increase
from the original contract amount of $638,840.15. Upon motion the documents were
received and filed, and Resolution No. 39-21 Accepting the Chavenelle Road Hike-Bike
Trail — Phase 1 Project lowa DOT Project No. EDP-2100(695)-7Y-31 and authorizing
the payment to the contractor was adopted.
19. Acceptance of Dedication of Sanitary Easement across Jesse E. Kemp and
Jessica P. Kemp Property at 3400 Nightengale Lane in Dubuque: City Manager
recommended acceptance of a dedication of sanitary easement from Jesse E. Kemp
and Jessica P. Kemp for an E1 sewer pump station across property at 3400
Nightengale Lane. Upon motion the documents were received and filed, and Resolution
No. 40-21 Accepting the Dedication of Sanitary Easement through, under and across
Part of Lot 1 of Julian's Hill, in the City of Dubuque, lowa was adopted.
20. Agreement with the U.S. Department of the Army for an Engineering Analysis on
the Force Main Stabilization Project: City Manager recommended authorization to enter
into an agreement with the U.S. Department of the Army in order for the U.S. Army
Corps of Engineers to provide a planning and design analysis of the Force Main
Stabilization Project. Upon motion the documents were received and filed, and
Resolution No. 41-21 Authorizing the execution of an Agreement with the Department of
the Army to collaborate on stabilization and protection of the Force Main along the
Mississippi River was adopted.
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21. Acceptance of Water Main Improvement in the Right of Way Adjacent to Lot 1
and Lot 2 Third Union Addition in the City of Dubuque, lowa, common address 821 -
877 Oak Street (Routley Property): City Manager recommended acceptance of the
public improvements that the developer, Routley Construction, has recently completed
in the right-of-way adjacent to 821-877 Oak Street (Routley Property). Upon motion the
documents were received and filed, and Resolution No. 42-21 Accepting Public Water
Main Improvements in the Row Adjacent to Lot 1 and Lot 2 Third Union Addition in the
City of Dubuque, lowa, Common Address 821 -887 Oak Street (Routley Property) was
adopted.
22. Signed Contract(s): Asbury Road Fiber Optic Collaboration - Phase 2 Project;
Chaplain Schmitt Island Fiber Option Collaboration Project. Upon motion the documents
were received and filed.
23. Update of Mutual Aid Agreement with East Dubuque: City Manager
recommended approval to update the Mutual Aid Agreement with the East Dubuque
Fire Department to address fire and EMS responses. Upon motion the documents were
received, filed and approved.
24. Alcohol License Applications: City Manager recommended approval of annual
liquor, beer, and wine license applications as submitted. Upon motion the documents
were received and filed, and Resolution No. 43-21 Approving applications for beer,
liquor, and/or wine permits, as required by City of Dubuque Code of Ordinances Title 4
Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and
Wine Licenses and Permits was adopted.
ITEMS SET FOR PUBLIC HEARING
Motion by Jones to receive and file the documents, adopt the resolutions, set the public
hearings as indicated, and direct the City Clerk to publish notice as prescribed by law.
Seconded by Resnick. Motion carried 7-0.
1. Human Rights Commission Request for Commissioner Removal: Human Rights
Commission requested City Council schedule a public hearing to remove Commissioner
Ashley Regan from the Human Rights Commission pursuant to Title 8, Chapter 2,
Section 8-2-6 of the Human Rights Ordinance. Upon motion the documents were
received and filed, and Resolution No. 44 -21 Setting a Public Hearing on the intent to
consider the removal of a commissioner from the Human Rights Commission was
adopted setting a public hearing for a meeting to commence at 6:30 p.m. on March 1,
2021.
[Due to the ongoing COVID-19 pandemic, the City Council will meet virtually through
GoToMeeting. The official agenda will be posted on Friday prior to the meeting and will
contain listening, viewing, and public input options. The City Council agenda can be
accessed at _or by contacting the
City Clerk's Office at 563-589-4100, .]
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PUBLIC HEARINGS
1. Request to Rezone 7869 Commerce Park: Proof of publication on notice of public
hearing to consider approval of a request from Kevin Oberbroeckling to rezone property
located at 7869 Commerce Park from CS Commercial Service and Wholesale zoning
district to C-3 General Commercial zoning district, and Zoning Advisory Commission
recommended approval. Motion by Cavanagh to receive and file the documents and
that the requirement that a proposed ordinance be considered and voted on for passage
at two Council meetings prior to the meeting at which it is to be passed be suspended.
Seconded by Sprank. Planning Services Manager Wally Wernimont provide a staff
report. Staff stated that no public input was received regarding this item. Motion carried
7-0.
Motion by Cavanagh for final consideration and passage of Ordinance No. 3-21
Amending Title 16 of the City of Dubuque Code of Ordinances, Unified
Development Code, by reclassifying hereinafter described property located at 7869
Commerce Park from CS Commercial Service and Wholesale District to C-3 General
Commercial District. Seconded by Sprank. Motion carried 7-0.
2. Proceedings for Public Hearing on the Issuance of Not to Exceed $1,600,000,
Sewer Revenue Capital Loan Notes (Interim Financing) State Revolving Funds,
Planning and Design Loan Applications: Proof of publication on notice of public hearing
to consider approval of the suggested proceedings for a public hearing on the of the
issuance of not to exceed $1,600,000 in Sewer Revenue Capital Loan Notes (Interim
Financing) State Revolving Loan Fund Program, the proceeds of which will be used to
pay planning and design costs for Auburn and Custer, Center Place Area, Maiden Lane
Area, Hawthorne to Fengler Street "track Line" sewer, Catfish Creek Lift Station and
Force Main, and Sanitary Asset Management Master Plan projects, and City Manager
recommended approval. Motion by Jones to receive and file the documents and adopt
Resolution No. 45-21 Instituting proceedings to take additional action for the
authorization of Loan and Disbursement Agreements and the issuance of not to exceed
$1,600,000 Sewer Revenue Capital Loan Notes; Resolution No. 46-21 Approving and
authorizing a form of Interim Loan and Disbursement Agreement by and between the
City of Dubuque, lowa, and the lowa Finance Authority, and authorizing and providing
for the issuance and securing the payment of$970,000 Sewer Revenue Capital Loan
Notes Anticipation Project Note, Series 2021A, of the City of Dubuque, lowa, under the
provisions of the Code of lowa, and providing for a method of payment of said Notes;
Resolution No. 47-21 Approving and authorizing a form of Interim Loan and
Disbursement Agreement by and between the City of Dubuque, lowa, and the lowa
Finance Authority, and authorizing and providing for the issuance and securing the
payment of$350,000 Sewer Revenue Capital Loan Notes Anticipation Project Note,
Series 2021 B, of the City of Dubuque, lowa, under the provisions of the Code of lowa,
and providing for a method of payment of said Notes; and Resolution No. 48-21
Approving and authorizing a form of Interim Loan and Disbursement Agreement by and
between the City of Dubuque, lowa, and the lowa Finance Authority, and authorizing
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and providing for the issuance and securing the payment of$160,000 Sewer Revenue
Capital Loan Notes Anticipation Project Note, Series 2021 C, of the City of Dubuque,
lowa, under the provisions of the Code of lowa, and providing for a method of payment
of said Notes. Seconded by Resnick. Staff stated that no public input was received
regarding this item. Motion carried 7-0.
PUBLIC INPUT
Due to the COVID-19 pandemic and mandates for social distancing, public input was
made available through GoToMeeting chat function, City Council and City Clerk email
accounts, and the City of Dubuque's Facebook Live page. Staff stated that no online
public input was received.
ACTION ITEMS
1. Set Public Hearing for Resolution Establishing Maximum Property Tax Dollars for
Fiscal Year 2022: City Manager recommended the Fiscal Year 2022 Resolution
Establishing Maximum Property Tax Dollars be set for public hearing on March 1,
2021 . Motion by Resnick to receive and file the documents, adopt the resolution,
set the public hearing as indicated, and direct the City Clerk to publish notice as
prescribed by law. Seconded by Roussell. City Clerk Breitfelder stated for the
record that City Council received updated information regarding this agenda item
on February 15, 2021, and the updated information was uploaded to the agenda.
City Manager Van Milligen provided information on both his initial and updated
recommendation to City Council. City Manager Van Milligen responded to
questions from the City Council regarding how the budget relates to Council's
goals, the purpose of the General Reserve Fund, the State of lowa's recent
change to the amount that multi-residential properties are assessed, and the
City's plan to not add to the reserve fund this year. Jennifer Larson, Director of
Finance and Budget, responded to a question from the City Council regarding
when the 2021 revaluation of property values would impact taxes. City Council
requested clarification on whether they would be able to lower the assessed
value rate after this Council meeting and if the current motion needed to be
amended to state the assessed value. City Manager Van Milligen stated that
Council would only be able to lower the assessed value rate after this meeting.
City Clerk Breitfelder stated that the current resolution and motion specify setting
the date of the public hearing. Council Member Resnick amended his motion to
receive and file the documents, adopt Resolution No. 49-21 Setting a public
hearing on the Fiscal Year 2022 maximum property tax dollars for the affected tax levy
total, set the public hearing as indicated, direct the City Clerk to publish notice as
prescribed by law, and set the property tax rate per the revised recommendation
at $9.98607. Seconded by Roussell. Motion failed 2-5 with Lynch, Cavanagh,
Jones, Sprank and Buol voting nay. Motion by Jones to receive and file the
documents, adopt Resolution No. 49-21 , set the public hearing as indicated,
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direct the City Clerk to publish notice as prescribed by law, and set the property
tax rate at $10.0496. Seconded by Cavanagh. Motion carried 5-2 with Resnick
and Roussell voting nay. The adoption of the resolution sets a public hearing for
a meeting to commence at 6:30 p.m. on March 1 , 2021 .
[Due to the ongoing COVID-19 pandemic, the City Council will meet virtually through
GoToMeeting. The official agenda will be posted on Friday prior to the meeting and will
contain listening, viewing, and public input options. The City Council agenda can be
accessed at or by contacting the
City Clerk's Office at 563-589-4100, .]
2. Community Development Block Grant (CDBG) Microenterprise Funds: Grant
Administration Agreement for the Low- and Moderate-Income (LMI) Business
Assistance Grant Program: City Manager recommended approval of a Grant
Administration Agreement with The Fountain of Youth Program to administer a grant
program using Community Development Block Grant (CDBG) Microenterprise funding
for the benefit of existing businesses operated by low- and moderate-income individuals
in the City of Dubuque. Motion by Resnick to receive and file the documents and adopt
Resolution No. 50-21 Approving a Grant Administration Agreement with The Fountain of
Youth Program to administer the Low- And Moderate-Income Small Business
Assistance Grant Program. Seconded by Jones. Motion carried 7-0.
3. Long Range Planning Advisory Commission and Housing Commission
Membership Ordinance Modifications: City Manager recommended City Council
approval of two ordinances for cross representation on the Long Range Planning
Advisory Commission and Housing Commission. Motion by Jones to receive and file the
documents and that the requirement that a proposed ordinance be considered and
voted on for passage at two Council meetings prior to the meeting at which it is to be
passed be suspended. Seconded by Resnick. Responding to a question from the City
Council regarding the Housing Trust Fund Advisory Commission, City Attorney
Brumwell stated that the City is looking to transfer the commission to a non-profit. Once
this transition is confirmed, there will be further changes to the Code regarding the
Commission. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 4-21
Amending City of Dubuque Code of Ordinances Title 15 Planning and Zoning, Chapter
2 Long Range Planning Advisory Commission, Sections 15-2-5 Membership and 15-2-
7 Terms and Ordinance No. 5-21 Amending City of Dubuque Code of Ordinances Title
2 Boards and Commissions, Chapter 5 Housing Agency and Community Development
Commissions, Article B Housing Commission, Sections 2-5B-5 Membership And 2-5B-7
Terms. Seconded by Resnick. Motion carried 7-0.
4. 2020 Equity Report and 2021-2023 Equity Plan: City Manager transmitted the
2020 Equity Report and the 2021-2023 Equity Plan. Motion by Roussell to receive and
file the information and view the presentation. Seconded by Cavanagh. Human Rights
Director Kelly Larson and Organizational Equity Coordinator Collins Eboh provided a
presentation on the Equity Report. Topics included: community equity areas; leading
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with race; 2020 major accomplishments; City of Dubuque 2021-2023 equity plan;
equitable fine and fee reform; municipal internships; and support for minority owned
businesses. Responding to a question from City Council regarding the areas of the plan
that Council and City staff should prioritize, Ms. Larson stated that fine and fee reform
and data analysis for equity indicators were high priority areas of the plan. Motion
carried 7-0.
5. Resilient Community Advisory Commission Letter: City Manager transmitted
correspondence from the Resilient Community Advisory Commission regarding the
Climate Action Plan. Motion by Cavanagh to receive and file the information. Seconded
by Jones. City Council discussed their interest in determining how to better utilize the
diverse expertise of the commissioners, the suggestions in the City Manager's memo
serving as good areas of direction for the commission, and suggesting the commission
participate in the City's budget hearings to provide input on allocating funds. City
Manager Van Milligen stated the commission has an opportunity to educate the public
on resiliency and suggested the commission work with businesses, schools, and other
entities to provide the community with a better understanding of resiliency. Motion
carried 7-0.
6. 2021 Federal Legislative Priorities: City Manager recommended City Council
adoption of the 2021 Federal Legislative Priorities. Motion by Cavanagh to receive and
file the information and approve the priorities. Seconded by Roussell. City Manager Van
Milligen introduced former Assistant City Manager Teri Goodmann. Ms. Goodmann
provided a high-level summary of the priorities based on her volunteer work with
Department Managers and partners to develop the priorities. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Mayor Buol advised citizens to continue following health guidelines and stay healthy.
There being no further business, Mayor Buol declared the meeting adjourned at 9:01
p.m.
/s/Adrienne N. Breitfelder
City Clerk
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