11 06 23 City Clerk's NotesCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
The Dubuque City Council met in special session at 5.15 p.m. on November 6, 2023, in the
second -floor Council Chambers of the Historic Federal Building,, 350 W. 6th Street.
P esent. Mayor Cavanagh; Council Members Farber, Jos, Resnick, Roussell, Sprank,
WEliial; City Manager Var�M illigen, VBruCity Attorn mwell,
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Absent:
Mayor Cavanagh read the call and stated this is a special session of the City Council called
for the purpose of conducting a work session to receive an update on the Developer's
Roundtable.
WORK SESSION
Developer's Roundtable Update
City of Dubuque and Greater Dubuque Development Corporation staff will provide an update
on the Developer's Roundtable.
There being no further business, Mayor Cavanagh declared the meeting adjourned at
p.m.
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:30 p.m. on November 6, 2023, in the
second -floor Council Chambers of the Historic Federal Building, 350 W. 6th Street. /
Pr sent: Mayor Cavanagh; Council Members Farber, Jo/es, Resnick, Roussell, Sprank,
Wet l; City Manager Va� Milligen, City Attorn.0 Brumwell.
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Mayor Cavanagh 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. Hospice and Palliative Care Month (November 2023),�
On behalf of Hospice of Dubuque. Lrlrvl� cc.rro
2. National Apprenticeship Week (November 13-19, 2023)
On behalf of the Dubuque Building and Construction Trades Council �apn T'u'�i5
3. Pancreatic Cancer Awareness Day (November 16, 2023)
On behalf of the Michael W. Oglesby Foundation.
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CONSENT ITEMS
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1. Minutes and Reports Submitted
Arts and Cultural Affairs Commission of 9126123; City Council Proceedings of 10/16/23;
Library Board of Trustees Update of 9128123; Zoning Board of Adjustment of 9/28/23.
Suggested Disposition: Receive and File
2. Notice of Claims and Suits
Arius Burns and Hayle Johnson for property damage; Laufenberg and Larson Properties LLC
for property damage; Smokestack - Susan Price for property damage.
Suggested Disposition: Receive and File; Refer to City Attorney
3. Disposition of Claims
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; Laufenberg and
Larsen Properties for property damage; Mercy One Medical Center for property damage;
Smokestack Susan Price for property damage.
Suggested Disposition: Receive and File; Concur
4. Appeal of Claim by James Hauber
Senior Counsel recommending denial of an appeal of a claim against the City filed by James
Hauber for property damage.
Suggested Disposition: Receive and File; Concur
5. Approval of City Expenditures
City Manager recommending City Council approval for payment of City expenditures.
RESOLUTION Authorizing the Chief Financial Officer/City Treasurer to make certain
payments of bills that must be paid and approved for payment in accordance with City
procedures
Suggested Disposition: Receive and File; Adopt Resolution(s)
6. IEDA Contract 18-TC-038 Assignment, Medline Industries, Inc. Corporate Reorganization
City Manager recommending City Council adopt the resolution, approving the Third
Amendment to Contract 18-TC-038 by and among Medline Industries, Inc., MRE DIA, LLC,
the City of Dubuque, and the Iowa Economic Development Authority.
RESOLUTION Approving the Third Amendment to the Economic Development Financial
Assistance Contract by and among Medline Industries, Inc., MIRE DIA, LLC, the City of
Dubuque, Iowa, and the Iowa Economic Development Authority
Suggested Disposition: Receive and File; Adopt Resolution(s)
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i. 2023 — Q4 Update on Childcare Challenges and Collaborations
City Manager sharing a quarterly update on the status of collaboration efforts among partners
in Dubuque to address a need for sufficient quality, affordable childcare options in the
community.
Suggested Disposition: Receive and File
S. Approving a Sixth Amendment to Development Agreement Between the City of Dubuque
and Port of Dubuque LLC
City Manager recommending City Council adopt the attached resolution approving the Sixth
Amendment to Development Agreement Between the City of Dubuque and Port of Dubuque
LLC.
RESOLUTION Approving the Sixth Amendment to Development Agreement between the City
of Dubuque, Iowa and Port of Dubuque LLC
Suggested Disposition: Receive and File; Adopt Resolution(s)
9. Development Agreement between the City of Dubuque and Merge, LLC: Resolution
Approving the Reservation of Easements by the City of Dubuque, Iowa
City Manager recommending City Council adopt a resolution approving the Reservation of
Easements by the City of Dubuque, Iowa.
RESOLUTION Approving the Reservation of Easements by the City of Dubuque, Iowa in
connection with a Development Agreement between the City of Dubuque and Merge, LLC
Suggested Disposition: Receive and File; Adopt Resolution(s)
10. First Amendment to Purchase Agreement and Development Agreement between the City
of Dubuque and Union at the Marina, LP
City Manager recommending City Council approve the First Amendment to the Purchase
Agreement and Development Agreement dated October 16, 2023 (the "Agreement"), to
amend the Agreement to incorporate the legal description for the sale of approximately 5.25
acres of real property located in the City of Dubuque, Iowa, as set forth in the attached First
Amendment.
RESOLUTION Approving the First Amendment to Purchase Agreement and Development
Agreement between the City of Dubuque and Union at the Marina, LP
Suggested Disposition: Receive and File; Adopt Resolution(s)
11. Contracted Services Agreement - Crescent Community Health Center
City Manager recommending City Council approve the Contracted Services Agreement with
Crescent Community Health Center for Fiscal Year 2024 and authorize the Mayor to execute
the contract on behalf of the City.
Suggested Disposition: Receive and File; Approve
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12. Purchase Agreement Approval for Purchase of Dubuque County Owned Parcel,
1119358006
City Manager recommending City Council approve the acquisition of real property owned by
Dubuque County, Iowa by the City of Dubuque and approve any other related steps
necessary to carry out the terms of the Offer through the adoption of the enclosed resolution.
RESOLUTION Approving an offer to buy real estate and acceptance for the purchase by the
City of Dubuque, Iowa of real property owned by Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
13. Kwik Trip, Inc. Property Right of Way Plat and Dedication —Roundabout Improvements
Project at the Intersection of Kerper Boulevard and Kerper Court
City Manager recommending City Council approve the Acquisition Plat of Lot 2A of Kerper
Industrial Park No. 2, in the City of Dubuque, Iowa, which provides additional right of way
needed for the roundabout improvements at the intersection of Kerper Boulevard and Kerper
Court by the adoption of the attached resolution.
RESOLUTION Approving the Acquisition Plat of Lot 2A of Kerper Industrial Park No. 2, in the
City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
14. Acceptance of Grants of Easement for Sanitary Sewer Utility over Jon D. Luckstead
Property in Tamarack Business Park, Dubuque, Iowa Tamarack Sanitary Sewer Extension
Project
City Manager recommending City Council adopt a resolution accepting the three Grants of
Easement for Sanitary Sewer Utility across Jon D. Luckstead property being part of Tamarack
Subdivision and the Southeast Quarter of Section 14, Township 88 North, Range 2 East of the
5th P.M. in Dubuque County, Iowa as part of the Tamarack Sanitary Sewer Extension Project.
RESOLUTION Accepting Grants of Easement for Sanitary Sewer Utility through, over and
across parts of Tamarack Subdivision and parts of the Southeast Quarter of Section 14,
Township 88 North, Range 2 East of the 5th p.m., in Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
15. Force Main Stabilization Project, Amendment No. 1 to Agreement with the U.S.
Department of the Army/U.S. Army Corps of Engineers
City Manager recommending City Council approval to amend the agreement with the U. S.
Department of the Army for the U. S. Army Corps of Engineers (USAGE) to include the design
and repair of sanitary sewer force main joints as part of the Force Main Stabilization Project
and give authorization to the Mayor to execute Amendment No. 1.
RESOLUTION Authorizing the execution of Amendment No. 1 to Agreement with the
Department of the Army to collaborate on stabilization and protection of the force main along
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the Mississippi River
Suggested Disposition: Receive and File; Adopt Resolution(s)
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16. Signed Contract(s)
Professional Services Agreement with WHKS & Co. for the Eagle Valley, Westbrook, &
English Ridge Subdivision Park Design, Development, and Construction Management
Services..
Suggested Disposition: Receive and File
17. Improvement Contracts / Performance, Payment and Maintenance Bonds
Midwest Concrete, Inc. for the US HWY 20 & Devon Dr. Frontage Road Closure; Tschiggfrie
Excavating Co. for the Althauser St. Retaining Wall Repair Project; Tschiggfrie Excavating Co.
for the Maus Park Lake Pump Station Culvert Repair.
Suggested Disposition: Receive and File; Approve
18. Community Development Block Grant (CDBG) Subrecipient Agreement — Four Mounds
Foundation Build Dubuque Vocational Training
City Manager recommending City Council approve the attached CDBG Subrecipient
Agreement with Four Mounds Foundation with a project budget of $85,000, and authorize the
Mayor to execute the agreement on behalf of the City.
RESOLUTION Authorizing execution of CDBG Subrecipient Agreement with Four Mounds
Foundation
Suggested Disposition: Receive and File; Adopt Resolution(s)
19. Pre -annexation Agreement — Andrew & Samantha Schumacher
City Manager recommending City Council approve the Andrew & Samantha Schumacher pre -
annexation agreement and authorize the Mayor to sign the agreement on behalf of the City of
Dubuque.
RESOLUTION Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa
and Andrew
L. and Samantha L. Schumacher
Suggested Disposition: Receive and File; Adopt Resolution(s)
20. Shared Administrative Support Between Information Technology, Office of Equity and
Humans Rights, and Office of Shared Prosperity and Neighborhood Support
City Manager recommending City Council approval of an increase in the full-time equivalents
of .34 at the additional cost of $41,814 to make an existing part-time administrative position
(.66FTE, GE-25) into a full- time position (1.00FTE, GE-25) for administrative support to be
shared between these three departments: Information Technology, Office of Equity and
Human Rights, and Office of Shared Prosperity and Neighborhood Support.
Suggested Disposition: Receive and File; Approve
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21. Hiring of a Full Time Transportation Services Laborer Position
City Manager recommending City Council approval of creation of a full-time Transportation
Services Laborer and elimination of a current part-time Intermodal Laborer (.28 FTE) and a
part-time Ramp Custodian (27 FTE).
Suggested Disposition: Receive and File; Approve
22. Yahoo Finance Article Naming Dubuque the Second -Most Affordable Iowa City for
Seniors
City Manager providing a copy of a Yahoo Finance article naming Dubuque the second -most
affordable Iowa city for seniors.
Suggested Disposition: Receive and File
23. Adoption of Supplement Number 2023 S-12 to the City of Dubuque Code of Ordinances
City Clerk recommending City Council approval of the resolution adopting Supplement No.
2023 S-12 as part of the Code of Ordinances of the City of Dubuque.
RESOLUTION Adopting Supplement No. 2023 S-12 to the Code of Ordinances of the City of
Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
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ITEMS SET FOR PUBLIC HEARING
1. Resolution Setting a Public Hearing on a Proposed First Amendment to Development
Agreement by and between the City of Dubuque, Iowa and 799 Main, LLC Providing for the
Issuance of Urban Renewal Tax Increment Revenue Grant Obligations Pursuant to the
Development Agreement
City Manager recommending City Council adopt the attached resolution setting a public
hearing for November 20, 2023, on a proposed Development Agreement by and between the
City of Dubuque, Iowa and 799 Main, LLC providing for the issuance of Urban Renewal Tax
Increment Revenue Grant Obligations.
RESOLUTION Fixing the date for a public hearing of the City Council of the City of Dubuque,
Iowa on a First Amendment to Development Agreement by and between the City of
Dubuque, Iowa and 799 Main, LLC, including the proposed issuance of urban renewal tax
increment revenue obligations relating thereto and providing for the publication of notice
thereof
Suggested Disposition:
Receive and File; Adopt Resolution(s), Set Public Hearing for November 20, 2023
2. Resolution Setting a Public Hearing on a Proposed Development Agreement between the
City of Dubuque, Iowa and Vanguard Enterprises, Inc. for the Issuance of Urban Renewal Tax
Increment Revenue Grant Obligations Pursuant to the Development Agreement
City Manager recommending City Council adopt the attached resolution setting a public
hearing for November 20, 2023, on a proposed Development Agreement between the City of
Dubuque, Iowa and Vanguard Enterprises, Inc. providing for the issuance of Urban Renewal
Tax Increment Revenue Grant Obligations.
RESOLUTION Fixing the date for a public hearing of the City Council of the City of Dubuque,
Iowa on the proposed Development Agreement between the City of Dubuque and Vanguard
Enterprises, Inc., including the proposed issuance of urban renewal tax increment revenue
grant obligations to Vanguard Enterprises, Inc., and providing for the publication of notice
thereof
Suggested Disposition:
Receive and File; Adopt Resolution(s), Set Public Hearing for November 20, 2023
3. Resolution Setting a Public Hearing on a Proposed Lease Agreement by and Between the
City of Dubuque, Iowa and the Dubuque Arboretum Association, Inc.
City Manager recommending City Council adopt the attached resolution setting a public
hearing for November 20th, 2023, on a proposed lease agreement between the City of
Dubuque, Iowa and the Dubuque Arboretum Association, Inc.
RESOLUTION Fixing the date for a public hearing of the City Council of the City of Dubuque,
Iowa on a Lease Agreement by and between the City of Dubuque, Iowa, and Dubuque
Arboretum Association, Inc. relating thereto and providing for the publication of notice thereof
Suggested Disposition:
Receive and File; Adopt Resolution(s), Set Public Hearing for November 20, 2023
4. SOO Green HVDC Link ProjectCo, LLC Franchise Agreement
Senior Counsel recommending City Council adoption of a resolution setting a public hearing
A
for November 20, 2023, on an Ordinance granting a twenty-five year franchise to SOO Green
HVDC Link ProjectCo, LLC (SOO Green or Project) for a transmission system for the
transmission of electric energy and communication facilities in the City of Dubuque.
RESOLUTION Setting a public hearing on an ordinance granting to Soo Green HVDC Link
Projectco, LLC, its successors and assigns, the right and nonexclusive franchise to maintain
and operate an electric franchise (transmission system) in the City of Dubuque, Iowa, for a
period of 25 years
Suggested Disposition:
Receive and File; Adopt Resolution(s), Set Public Hearing for November 20, 2023
5. Resolution Setting a Public Hearing on a Proposed Development Agreement by and among
the City of Dubuque, Iowa, 400 Ice Harbor, LLC, and Hodge Company Providing
for the Sale of City -owned Real Estate to 400 Ice Harbor, LLC and the Issuance of Urban
Renewal Tax Increment Revenue Grant Obligations Pursuant to the Development Agreement
City Manager recommending City Council adopt the attached resolution providing for
competitive bidding procedures for this Development Agreement setting a public hearing for
December 18, 2023 on a proposed Development Agreement by and among the City of
Dubuque, Iowa, 400 Ice Harbor, LLC, and Hodge Company Providing for the Sale of City -
owned Real Estate to 400 Ice Harbor, LLC and the City of Dubuque providing for the sale of
City -owned real estate in Greater Downtown Urban Renewal District to 400 Ice Harbor, LLC
and the issuance of Urban Renewal Tax Increment Revenue Grant Obligations.
RESOLUTION (1) Approving the minimum requirements, competitive criteria, and offering
procedures for the development and the sale of certain real property and improvements in the
Greater Downtown Urban Renewal District; (2) determining that the offer to purchase
submitted by 400 Ice Harbor, LLC satisfies the offering requirements with respect to the real
property and improvements and declaring the intent of the City Council to approve the sale to
400 Ice Harbor, LLC in the event that no competing proposals are submitted; and (3) soliciting
competing proposals
Suggested Disposition:
Receive and File; Adopt Resolution(s), Set Public Hearing for December 18, 2023
Nays
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BOARDS/COMMISSIONS
1. Boards and Commission Appointments
Appointments to the following commissions to be made at this meeting.
Investment Oversight Advisory Commission
One, 3-Year Term through July 1, 2026 (Vacant Term of Lassance) One, 3 Year term through
July 1, 2024 (Vacant Term of Major)
Applicants:
Daniel Garza, 2110 Rhomberg Ave.
Phillip Heim, 911 Tressa St. - Additional Applicpr�t
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PUBLIC HEARINGS
1. Request to Rezone 1860 Hawthorne Street
Proof of publication on notice of public hearing to consider a request from Derek Hays, The
Annex Group, to rezone the property located at 1860 Hawthorne Street, from CR Commercial
Recreational to Planned Unit Development with PR- Planned Residential designation, and
Zoning Advisory Commission recommending approval. This public hearing must be replicated
due to a publication error in the notice of the initial public hearing.
ORDINANCE Amending Title 16 of the Unified Development Code of the City of Dubuque
Code of Ordinances by reclassifying the hereinafter described property located along
Hawthorne Street and Kerper Boulevard within the City of Dubuque from CR Commercial
Recreation to Planned Unit Development with PR -Planned Residential Designation
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend
the Readin
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Final
Reading and Adopt
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2. Second Amendment to Grant Agreement with Virtual Velocity, LLC for the Rehabilitation of
1199 Central Avenue
Proof of publication on notice of public hearing to consider City Council adoption of a
resolution approving a Second Amendment to Grant Agreement including the issuance of 15-
years of tax increment financing for the project with Virtual Velocity, LLC, and City Manager
recommending approval.
RESOLUTION Approving a Second Amendment to Grant Agreement by and between the City
of Dubuque, Iowa and Virtual Velocity, LLC, including the proposed issuance of urban
renewal tax increment revenue obligations relating thereto, and providing for the publication of
notice thereof
Suggested Disposition: Receive and File; Adopt Resolution(s)
Yas
Nas
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Cavanagh
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Wethal
Roussell
Sprank
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3. Public Hearing - Purchase Agreement Approval for Partial Sale of Hendricks Site Property
to Dubuque County and City Purchase of Dubuque County Owned Parking Lot
Proof of publication on notice of public hearing to consider City Council adoption of a
resolution to dispose of the described interest in real property by deed to Dubuque County,
Iowa and approve the acquisition of real property owned by Dubuque County, Iowa by the City
of Dubuque and approve any other related steps necessary to carry out the terms of the Offer
through the adoption of the enclosed resolution, and City Manager recommending approval.
RESOLUTION Disposing of City interest in real property by deed to Dubuque County, Iowa
and approving the acquisition real property owned by Dubuque County, Iowa by the City of
Dubuque
Suggested Disposition: Receive and File, Adopt Resolution(s)
Nays
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Farber
Jones
Cavanagh
Resnick
Wethal
Roussell
Sprank
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PUBLIC INPUT
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ACTION ITEMS
1. Private and Publicly Owned Distribution System Water Main Pipe Materials
City Manager recommending City Council approval of the continued use of poly -vinyl chloride
(PVC) and ductile iron pipe (DIP) for public drinking water mains privately or publicly owned -
and -operated in the City of Dubuque, or as extended, with the intent to be connected to the
City of Dubuque's water distribution system; and that the City of Dubuque continue to use the
SUDAS Specification and Design Manual for water mains, adopted by City Council resolution
211-23 on July 5, 2023, as a uniform standard for design and installation; and suspend use of
the Division 5 of the City of Dubuque SUDAS Supplemental standards as it pertains to Water
Main materials specifically until such time as a formal review is conducted.
Suggested Disposition: Receive and File; Approve
YayA
Nays
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Cavanagh
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Wethal
Roussell
Sprank
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2. Locations of Utilities within the Right of Way
City Manager sharing information relating to engineering design standards for the placement
of utilities within the public right-of-way (ROW) as outlined in the Iowa State Urban Design and
Specifications (SUDAS) program.
Suggested Disposition: Receive and File
Nays
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J.
Farber
J.
Jones
Cavanagh
Resnick
Wethal
Roussell
Sprank
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3. Funding Affordable Connectivity Program (ACP) Website
City Manager recommending City Council approve the funding to support the Affordable
Connectivity Program (ACP) website and hosting services, including analytics through
December of 2024 in the amount of $145,544.26.
Suggested Disposition: Receive and File; Approve
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4. City Focus Magazine - Fall 2023 Issue
City Manager providing a copy of the Fall 2023 issue of the City Focus Magazine.
Suggested Disposition: Receive and File
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Nas
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Cavanagh
Resnick
Wethal
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5. Contacting City Council and City Staff Handouts
City Manager providing a copy of handouts detailing the contact information for City Council
and City staff.
Suggested Disposition: Receive and File
Ya
Nays
Farber
Jones
Cavanagh
Resnick
Wethal
Roussell
Sprank
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6. Updated "New Housing Units Approved and/or Under Review" Handout
City Manager providing a copy of the updated "New Housing Units Approved and/or Under
Review" Handout.
Suggested Disposition: Receive and File
Yas Nas (��
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Cavanagh
Resnick
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7. 2023-2025 City Council Goals & Priorities Brochure
City Manager providing a copy of the 2023-2025 City Council Goals & Priorities Brochure.
Suggested Disposition: Receive and File
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Nays
a
Farber
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Cavanagh
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Resnick
Wethal
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Sprank
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8. Work Session Request: Waste Minimization Annual Report Presentation
City Manager requesting City Council schedule a work session on Monday, December 18,
2023, at 5:30 p.m. for a presentation on the annual report update on waste minimization
efforts utilizing fiscal year 2022 as a benchmark.
Suggested Disposition: Receive and File; Council
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9. Work Session Request: Carnegie -Stout Public Library Space Needs Assessment
City Manager recommending City Council schedule a work session for 5:30 p.m. on Tuesday,
January 16, 2024, to learn about the current and future space and facilities assessment for
the Carnegie -Stout Public Library prepared by FEH Design.
Suggested Disposition: Receive and File; Council
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Na s
Farber
.ones
Cavanagh
Resnick
Wethal
Roussell
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10. Dubuque County Economic Development Update Video
Media Services will show a video update on the variety of economic development projects
currently underway in Dubuque County.
The video can be viewed at: httpsalyoutu.belNUsRtV8O1BA?si=hg-uJWCuwkBeiNSN
Suggested Disposition: Receive and File; Video
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CLOSED SESSION
Pending Litigation and Purchase or Sale of Real Estate — Chapter 21.5(1)(c),(j) Code of Iowa
Motion for closed session @ 9'fH p.m.
Mayor Cavanagh stated for the record that the attorney who will consult with City Council on
the issues to be discussed in the closed session is
Yay,s
Nays
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Cavanagh
Resnick
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Reconvene in open session @ p.m.
ADJOURNMENT @ �Q 4• D p.m.
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