Proof_City Council Proceedings 09.03.24Copyrighted
October 7, 2024
City of Dubuque CONSENT ITEMS # 1.
City Council
ITEM TITLE: Minutes and Reports Submitted
SUMMARY: Airport Commission of August 27, 2024; Arts and Cultural
Affairs Advisory Commission Minutes of July 23, 2024 and
Report of August 27, 2024; City Council Proceedings of
September 16, 2024; Historic Preservation Commission of
August 15, 2024; Long Range Planning Advisory
Commission of July 17, 2024; Zoning Advisory Commission
of September 4, 2024; Zoning Board of Adjustment of August
22, 2024; Proof of Publication for City Council Proceedings of
August 19, August 20, August 21, August 21, and September
3, 2024.
SUGGUESTED
DISPOSITION:
Receive and File
ATTACHMENTS:
1. Airport Commission Minutes
2. Arts and Cultural Affairs Minutes
3. Arts and Cultural Affairs Report
4. 9 16 24 City Council Minutes
5. Historic Preservation Commission Minutes
6. Long Range Planning Advisory Commission Minutes
7. Zoning Advisory Commission Minutes
8. Minutes ZBA 8-22-24 Approved
9. Proof_City Council Proceedings 8.19.24
10. Proof_City Council Proceedings 8.20.24
11. Proof_City Council Proceedings 8.21.24
12. Proof_City Council Proceedings 8.26.24
13. Proof_City Council Proceedings of 9.3.24
Page 98 of 674
STATE OF IOWA SS:
DUBUQUE COUNTY
CERTIFICATE OF PUBLICATION
I, Kathy Goetzinger, a Billing Clerk for Woodward
Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the
attached notice was published in said newspaper on the
following dates:
09/13/2024
and for which the charge is 429.21
Subscribed to before me, a Notaryic in and for
Dubuque County, Iowa,
this l3th day of September, 2024
i<P
Notary(Pi}blic in and for Dubuque County, Iowa.
JANET K. PAPE
Cornmissiori Number 199659
My Commission Expires
12/11/2025
Page 149 of 674
Ad text :
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:30 p.m.
on September 3, 2024, in the second -floor Council Chambers of
the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Cavanagh; Council Members Farber, Jones,
Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen,
City Attorney Brumwell.
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
SWEARING IN
Mayor Cavanagh swore in Mayor Pro Tem Susan Farber.
PROCLAMATION(S)
1. Nathaniel and Charlotte Morgan Peace Week (September 1 -
7, 2024) was accepted by Brian Hallstoos and Ernestine Moss on
behalf of the Nathaniel Morgan Memorial Committee.
2. Days of Peace and Nonviolence (September 6 - 30, 2024)
was accepted by R.R.S. Stewart and Art Roche on behalf of the
Dubuque International Day of Peace Coordinating Committee.
3. Hispanic Heritage Month (September 15 - October 15, 2024)
was accepted by Yara Lopez and Sergio Perez on behalf of
Dubuque Unidos and Loras Colleges LULAC.
CONSENT ITEMS
Council Member Wethal requested Item No. 15 be held for
separate discussion. Motion by Resnick to receive and file the
documents, adopt the resolutions, and dispose of as indicated
except for Item No. 15. Seconded by Wethal. Motion carried
7-0.
1. Minutes and Reports Submitted: Historic Preservation
Commission of July 18, 2024; Library Board of Trustees Update
of July 25, 2024; Park and Recreation Commission of July 9,
2024; Resilient Community Advisory Commission of July 11,
2024; Zoning Advisory Commission Draft Minutes of August 7,
2024; Zoning Board of Adjustment of July 25, 2024; Proof of
Publication for City Council Proceedings of July 29 and August
5, 2024. Upon motion the documents were received and filed.
2. Notice of Claims and Suits: Keith Clark for vehicle
damage. Upon motion the documents were received, filed, and
referred to the City Attorney.
3. Disposition of Claims: City Attorney advised that the
following claims have been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Communities Assurance
Pool: Keith Clark for vehicle damage; Jeff Jones for property
damage. Upon motion the documents were received, filed, and
concurred.
4. Approval of City Expenditures: Upon motion the documents
were received and filed, and Resolution No. 263-24 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 was adopted.
5. Resolution Approving Fund Transfers to Golf Capital Fund
in Fiscal Year 2024 Period 13: Upon motion the documents were
received and filed, and Resolution No. 264-24 Authorizing the
Chief Financial Officer to make the appropriate interfund
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transfers of sums and record the same in the appropriate
manner for the FY 2024 for the City of Dubuque, Iowa was
adopted.
6. Acceptance of Sanitary Sewer Improvements across Switch
Development at JFK, LLC Property at the Intersection of West
32nd Street and JFK Road in Dubuque: Upon motion the documents
were received and filed, and Resolution No. 265-24 Accepting
Public Sanitary Sewer Improvements Across Part of Lot 1 of
Switch Development @ JFK No.1, in the City of Dubuque, Iowa
was adopted.
7. Proceedings to Complete Action on the Issuance of
$2,536,000 Sewer Revenue Bonds, Series 2024 (State Revolving
Loan Fund Program) Granger Creek Sanitary Sewer Improvement
Projects: Upon motion the documents were received and filed,
and Resolution No. 266-24 Series Resolution authorizing and
approving a Loan and Disbursement Agreement and providing for
the issuance of $2,536,000 Sewer Revenue Bonds, Series 2024
and other documents related to the Series 2024 Bonds was
adopted.
8. Dubuque Cellular Telephone, L.P. Second Amendment to
Lease Agreement for Equipment Upgrades and Extended Term for
Cell Tower Located at 1575 West Third Street: Upon motion the
documents were received and filed, and Resolution No. 267-24
Approving the Second Amendment to Lease Agreement by and
between the City of Dubuque and Dubuque Cellular Telephone,
L.P. for equipment upgrade and extended term was adopted.
9. Kwik Trip, Inc. Property Right of Way Plat and Dedication
for Future Roundabout Improvements at the Intersection of
Airborne Road and Seippel Road: Upon motion the documents were
received and filed, and Resolution No. 268-24 Approving the
Acquisition Plat of Lot 1A and Lot 1B of Airborne Place, in
the City of Dubuque, Iowa was adopted.
10. Resolutions Supporting Iowa State Historic Preservation
Tax Credit Part 2B Applications: Upon motion the documents
were received and filed, and Resolution No. 269-24 In support
of Iowa State Historic Preservation Tax Credit Part 2B
Application submitted to the Iowa Economic Development
Authority by First Congregational Church for a Historic
Rehabilitation Project at 1044 Locust Street; Resolution No.
270-24 In support of Iowa State Historic Preservation Tax
Credit Part 2B Application submitted to the Iowa Economic
Development Authority by St. Elias The Prophet Greek Orthodox
Church for a Historic Rehabilitation Project at 419 N.
Grandview Ave; and Resolution No. 271-24 In support of Iowa
State Historic Preservation Tax Credit Part 2B Application
submitted to the Iowa Economic Development Authority by St.
Raphaels Convent and School and St. Raphaels Cathedral Church
for a Historic Rehabilitation Project at 231 Bluff Street were
adopted.
11. Letters of Designation to the Iowa Economic Development
Authority for Local Grayfield Tax Credit Projects: City
Manager transmitted letters provided to local developers to
accompany their applications to the Iowa Economic Development
Authority (IEDA). Upon motion the documents were received and
filed.
12. Resolution of Support for an Application to Iowa
Economic Development Authoritys Challenge Grant Program for a
Project at 980 Main Street: Upon motion the documents were
received and filed, and Resolution No. 272-24 In support of
Main Street Challenge Grant Application submitted to the Iowa
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Economic Development Authority by Dubuque Main Street for the
rehabilitation project at 980 Main Street was adopted.
13. Updated Creating Housing Opportunities Handout: Upon
motion the documents were received and filed.
14. Grass and weed cutting and garbage collection
assessments: Upon motion the documents were received and
filed, and Resolution No. 273-24 Authorizing the City to
collect delinquent grass and weed cutting and garbage
collection charges in accordance with Title 6-4-3A and Title
6-8-2 of the Code of Ordinances of the City of Dubuque, Iowa
was adopted.
15. Nature Everywhere Accelerator Community Letter of
Support and Appointment of City Representative to Leadership
Team: Motion by Wethal to receive and file the documents and
approve the Citys active participation in the Nature
Everywhere Accelerator Community and approve appointing
Leisure Services Director Marie Ware to the Nature Everywhere
Community team. Seconded by Sprank. The City Council praised
the collaboration between the city and its partners on this
initiative, noting that it could potentially secure funding
for outdoor activities. Motion carried 7-0.
16. Signed Contract(s): Subaward Agreement with the Dubuque
County Board of Health for the Childhood Lead Poisoning
Prevention Program. Upon motion the documents were received
and filed.
17. Retail Alcohol License Refund - Gold Standard Athletics:
Request from Gold Standard Athletics for a refund of the
Liquor License No. BW0097344 located at 555 John F. Kennedy
Rd. Suite 415 due to business closing. Upon motion the
documents were received, filed, and approved.
18. USEPA Brownfields Multipurpose Grant - E 24th Street
Site Contaminated Soil Removal Project (Comiskey Park
Property) - Request to Award Project to Qualified Bidder: Upon
motion the documents were received and filed, and Resolution
No. 274-24 Awarding Public Improvement Construction Contract
and authorizing payment for the USEPA Brownfields Multipurpose
Grant E. 24th Street Site Contaminated Soil Removal Project
was adopted.
ITEMS SET FOR PUBLIC HEARING
Motion by Roussell to receive and file the documents, adopt
the resolutions, and set the public hearings as indicated.
Seconded by Sprank. Motion carried 7-0.
1. Water Treatment Plant SCADA System Upgrade Project -
Project Initiate and Set the Public Hearing: Upon motion the
documents were received and filed and Resolution No. 275-24
Water Treatment Plant SCADA System Upgrade Project:
preliminary approval of plans, specifications, form of
contract, and estimated cost; setting the date of the public
hearing on plans, specifications, form of contract, and
estimated cost; and ordering the advertisement for bids was
adopted setting a public hearing for a meeting to commence at
6:30 p.m. on September 16, 2024 in the Historic Federal
Building.
2. Setting a Public Hearing for the Vacating of a portion of
a Storm Water Detention Basin Access Easement across a Part of
Lot 2 of Cedar Ridge Farm Place # 10, in the City of Dubuque,
Iowa, common address 3100 Cedar Crest Ridge: Upon motion the
documents were received and filed and Resolution No. 276-24
Intent to vacate and dispose of city interest in a portion of
a Storm Water Detention Basin Access Easement Through, Over,
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And Across Part Of Lot 2 Of Cedar Ridge Farm Place # 10, in
the City of Dubuque, Iowa was adopted setting a public hearing
for a meeting to commence at 6:30 p.m. on September 16, 2024
in the Historic Federal Building.
BOARDS/COMMISSIONS
Appointments were made to the following boards/commissions.
1. Board of Library Trustees: One, 4-Year term through July
1, 2028 (Vacant term of Armstrong). Applicants: Tom Brennan,
3275 Cider Rdg.; Diann Guns, 1715 Diane Ct.; Nicole O'Brien,
2691 Ravens Oaks Dr. Upon roll call vote, Guns was appointed
to the term, receiving all 7 votes.
2. Historic Preservation Commission: Two, 3-Year terms
through July 1, 2027 (Vacant At -Large terms of Cassill and
Doyle). Applicants: Bill Doyle, 1591 White St.; Cole Hansen,
408 Burch St.; Heidi Pettitt, 3116 Central Ave. Upon roll call
vote, Doyle and Pettitt were appointed to the terms,
respectively receiving all 7 votes.
3. Housing Commission: Two, 3-Year terms through August 17,
2027 (Expiring terms of Janes and Kehoe). Applicants: Ross
Janes, 2741 Muscatine St.; Renee Kehoe, 1209 Lincoln Ave.
Motion by Roussell to appoint Janes and Kehoe to the terms.
Seconded by Farber. Motion carried 7-0.
4. Housing Trust Fund Advisory Committee: Two, 3-Year terms
through August 17, 2027 (Expiring terms of Becwar and Holz).
Applicants: Michelle Becwar, 2115 Coates St.; Jim Holz, 3010
Indiana Ct. Motion by Jones to appoint Becwar and Holz to the
terms. Seconded by Farber. Motion carried 7-0.
5. Long Range Planning Advisory Commission: One, 3-Year term
through July 1, 2027 (Expired term of McGrath). Applicant:
Beth McGrath, 2385 Clarke Crest Dr. Motion by Wethal to
appoint McGrath to the term. Seconded by Roussell. Motion
carried 7-0.
PUBLIC HEARINGS
1. Resolution Approving the Amended and Restated Urban
Renewal Plan for the Greater Downtown Urban Renewal Area,
Version 2024.1: Motion by Roussel] to receive and file the
documents and adopt Resolution No. 277-24 Approving the
Amended and Restated Urban Renewal Plan for the Greater
Downtown Urban Renewal District, Version 2024.1. Seconded by
Wethal. Motion carried 7-0.
2. Resolution Approving an Amended and Restated Urban
Renewal Plan for the Greater Downtown Urban Renewal Area,
Version 2024.2: Motion by Resnick to receive and file the
documents and adopt Resolution No. 278-24 Approving the
Amended and Restated Urban Renewal Plan for the Greater
Downtown Urban Renewal District, Version 2024.2. Seconded by
Wethal. Motion carried 7-0.
3. Approving a First Amendment to Development Agreement by
and between the City of Dubuque, Iowa and CARich Properties,
LLC to Redevelop Property at 1706 Central Avenue: Motion by
Resnick to receive and file the documents and adopt Resolution
No. 279-24 Approving a First Amendment to Development
Agreement by and between the City of Dubuque, Iowa and CARich
Properties, LLC, including the proposed issuance of urban
renewal tax increment revenue obligations relating thereto.
Seconded by Jones. Motion carried 7-0.
4. Keymont Drive Pavement Rehabilitation Project Public
Hearing: Motion by Farber to receive and file the documents
and adopt Resolution No. 280-24 Approval of plans,
specifications, form of contract, and estimated cost for the
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Keymont Drive Pavement Rehabilitation Project. Seconded by
Jones. Martha Lovett, 3452 Keymont Dr., spoke in support of
the project. City Clerk Breitfelder stated that Ms. Lovett
also submitted written input. In response to City Council
questions, City Manager Van Milligen explained that a private
developer had installed the permeable pavers with poor
workmanship. Assistant City Engineer Bob Schisel stated that
permeable pavement allows water to infiltrate the ground,
therefore, switching to more economical asphalt would increase
runoff. Civil Engineer II Jon Dienst confirmed that all the
pavers will be replaced. City Council Members thanked the
Keymont Dr. residents for their persistent follow-up on
concerns, noting that the situation highlights why permeable
pavement is not consistently used on public streets. Motion
carried 7-0.
PUBLIC INPUT
Jenna Hirtz, Executive Director of the Dubuque Arboretum and
Botanical Gardens, spoke on Action Item No. 9, expressing
concerns about allowing pets on their grounds.
City Clerk Breitfelder announced that written input was
received on Action Item No. 9 from the following individuals:
Lorna Costello; Jessica Riedl, 2215 Green St.; Kathy and Jeff
Roberts, Wheatland Dr.; Arthur Gilloon, 535 Heritage Dr.
ACTION ITEMS
1. Proposed Property Maintenance Code Amendments modifying
requirements for battery operated smoke alarms and an
amendment to require GFCI protection for receptacles that are
closer than six feet from a water source: 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 Farber. In response to
questions, Assistant Housing and Community Development
Director Michael Belmont discussed the lifespan of smoke
alarms and mentioned that staff have notified suppliers about
the upcoming change. Mr. Belmont clarified that the
requirement for sealed, tamper -resistant 10-year battery
powered smoke alarms applies only to properties that do not
have hardwired smoke alarms. He also noted that the proposed
change has been shared with the Dubuque Area Landlords
Association and that staff will collaborate with the Public
Information Office to inform the public. City Attorney
Brumwell stated that Iowa Code ? 10A.518 prohibits tampering
with smoke alarms. Motion carried 7-0.
Motion by Jones for final consideration and passage of
Ordinance No. 49-24 Amending City of Dubuque Code of
Ordinances Title 14 Building and Development, Chapter 1
Building Codes, Article J Property Maintenance Code, Section
14-1J- 2 International Property Maintenance Code Amendments.
Seconded by Farber. Motion carried 7-0.
2. Proposed International Fire Code Amendments modifying
requirements for battery operated smoke alarms: Motion by
Roussell 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.
Motion carried 7-0.
Motion by Roussell for final consideration and passage of
Ordinance No. 50-24 Amending City of Dubuque Code of
Ordinances Title 14 Building and Development, Chapter 1
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Building Codes, Article F Fire Code and Regulations, Section
14-1E-2 International Fire Code Amendments. Seconded by
Sprank. Motion carried 7-0.
3. Proposed International Residential Code Amendments
modifying requirements for battery operated smoke alarms:
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 Wethal. In
response to a question, Mr. Belmont stated that this amendment
applies to new construction. Motion carried 7-0.
Motion by Jones for final consideration and passage of
Ordinance No. 51-24 Amending City of Dubuque Code of
Ordinances Title 14 Building and Development, Chapter 1
Building Codes, Article B Residential Code, Section 14-1B-2
International Residential Code Amendments. Seconded by Wethal.
Motion carried 7-0.
4. Parking Access and Revenue Control System (PARCS)
equipment purchase: Motion by Jones to receive and file the
documents and approve replacing the current Parking Access and
Revenue Control System (PARCS) equipment in the citys six
parking ramps that is past its useful life through vendor
Amano McGann who was selected and recommended in the City's
formal RFP process. Seconded by Wethal. In response to City
Council questions, Transportation Services Director Ryan
Knuckey noted a six-month lead time for parking equipment,
which was previously discussed in a work session and
identified as an urgent need. The new equipment will include
gates and license plate readers (LPR) to automatically grant
access to registered permit holders. Once the construction
schedule is finalized, staff will confirm the communication
plan. Motion carried 7-0.
5. Tax Increment Ordinance for the Greater Downtown Urban
Renewal District, Version 2024.1 of the Amended and Restated
Plan: Motion by Roussell 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
Wethal. Motion carried 7-0.
Motion by Roussell for final consideration and passage of
Ordinance No. 52-24 Amending Ordinance No. 8-22, as amended,
providing that general property taxes levied and collected
each year on all property located within the Greater Downtown
Urban Renewal District of the City of Dubuque, County of
Dubuque, State of Iowa, by and for the benefit of the State of
Iowa, City of Dubuque, County of Dubuque, Dubuque Community
School District, and other taxing districts, be paid to a
special fund for payment of principal and interest on loans,
monies advanced to and indebtedness, including bonds issued or
to be issued, incurred by said city in connection with the
Amended and Restated Urban Renewal Plan for the Greater
Downtown Urban Renewal District, by adding the Roosevelt
Street Subarea to the division of revenues. Seconded by
Wethal. Motion carried 7-0.
6. Tax Increment Ordinance for the Greater Downtown Urban
Renewal District, Version 2024.2 of the Amended and Restated
Plan: 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
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Farber. Motion carried 7-0.
Motion by Jones for final consideration and passage of
Ordinance No. 53-24 Amending Ordinance No. 52-24, as amended,
providing that general property taxes levied and collected
each year on all property located within the Greater Downtown
Urban Renewal District of the City of Dubuque, County of
Dubuque, State of Iowa, by and for the benefit of the State of
Iowa, City of Dubuque, County of Dubuque, Dubuque Community
School District, and other taxing districts, be paid to a
special fund for payment of principal and interest on loans,
monies advanced to and indebtedness, including bonds issued or
to be issued, incurred by said city in connection with The
Amended and Restated Urban Renewal Plan for the Greater
Downtown Urban Renewal District, by adding the Roosevelt
Street Subarea to the division of revenues. Seconded by
Farber. Motion carried 7-0.
7. Old Mill Road Lift Station and Force Main Project - Phase
I Award Construction Contract: Motion by Resnick to receive
and file the documents and adopt Resolution No. 281-24
Awarding Public Improvement Contract for the Old Mill Lift
Station and Force Main Project Phase I. Seconded by Sprank.
Motion carried 7-0.
8. Well No. 7 Rehabilitation Project 2024 - Phase 2 Award
Construction Contract: Motion by Jones to receive and file the
documents and adopt Resolution No. 282-24 Awarding Public
Improvement Construction Contract for the Well No. 7
Rehabilitation Project 2024 Phase 2. Seconded by Wethal.
Motion carried 7-0.
9. City Council Request Regarding Dogs in Parks: Motion by
Jones to receive and file the documents and refer to City
Council for discussion on a process related to the City
Council request to consider allowing dogs in the remainder of
the parks that currently do not allow it. Seconded by Farber.
The City Council emphasized that this is the beginning of the
discussion and will focus only on Murphy Park and Eagle Point
Park. Council Members considered both the pros and cons of
allowing pets in parks and expressed interest in a
recommendation from the Parks and Recreation Commission. The
Council also encouraged continued public feedback. Motion
carried 7-0.
10. Welcome Back from the SRO Bunch Video: Motion by Jones
to receive and file the documents and view the video. Seconded
by Resnick. Public Information Office staff showed a
back -to -school video featuring this year's School Resource
Officers. The video can be viewed at
https://youtu.be/YuAwGjnrGVk?si = 9xrFyC_FBWKXj0tD. Motion
carried 7-0.
COUNCIL MEMBER REPORTS
Mayor Cavanagh reported that the City Council recently
completed its annual goal -setting session and announced the
return of daily commercial air service to Dubuque through
Denver Air Connection.
Council Member Jones reported on the Branching Out Dubuque
tree planting event, the Dubuque Racing Association (DRA)
grant recipient reception, the Labor Day Parade, and a video
of Iowa State Troopers at the Iowa State Fair.
Council Members Roussel] and Wethal both reported on the
Branching Out Dubuque tree planting event.
Council Member Farber reported on her participation in the
National League of Cities Information Technology (IT)
Page 156 of 674
Committee.
CLOSED SESSION
Motion by Jones to convene in closed session at 8:27 p.m. to
discuss Confidential Records, Pending Litigation, Professional
Evaluation(s), and Purchase or Sale of Real Estate Chapter
21.5(1)(a),(c),(i),(j) Code of Iowa. Seconded by Resnick.
Mayor Cavanagh stated for the record that the attorneys who
will consult with City Council on the issues to be discussed
in the closed session are City Attorney Brumwell and Senior
Counsel Barry Lindahl. Motion carried 7-0.
The City Council reconvened in open session at 10:11 p.m.
stating that staff had been given proper direction.
ADJOURNMENT
There being no further business, Mayor Cavanagh declared the
meeting adjourned at 10:11 p.m.
/s/Adrienne N. Breitfelder, CMC
City Clerk
It 9/13
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