10 15 18 Asst. Clerk's Skeleton Notes and Meeting CallCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:00 p.m. on October 15, 2018 in
the Historic Federal Building, 350 W. 6th Street.
Present: Mayor'Buol Council Members Del Toro; Jones, Larson, Resnick, Rios, Shaw;
City Manager Van Milligen, City Attorney umwell
Absent:
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. Gentleman Day (October 17, 2018) was accepted by L\ 1 c, ; 5 ,c
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CONSENT ITEMS
Yays
Nays
✓,
Jones
/
Resnick
✓
Larson
Buol
Del Toro
Shaw
Rios
1. Minutes and Reports Submitted
City Council Proceedings of 10/1; Historic Preservation Commission of 9/20; Library
Board of Trustees Minutes of 7/26, 8/23 and Council Update #175 of 7/26; Park and
Recreation Advisory Commission of 9/26; Zoning Advisory Commission of 10/3; Zoning
Board of Adjustment of 9/27; Proof of publication for City Council Proceedings of 9/17;
Proof of Publication for List of Claims and Summary of Revenues for Month Ending
8/31/18
Suggested Disposition: Receive and File
2. Notice of Claims and Suits
Jeffrey Kostein for property damage, Lindsay Lannen for vehicle damage, and Andrew
Topping for vehicle damage.
Suggested Disposition: Receive and File; Refer to City Attorney
3. Notice of Claims and Suits
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: Jeffrey Kostein
for property damage and Andrew Topping for vehicle damage.
Suggested Disposition: Receive and File; Concur
4. Letter of Support for Regional Transit Authority (RTA) Grant Application
City Manager providing a copy of a letter supporting the ICAAP grant application in
support of a van pool program submitted by Delaware, Dubuque and Jackson Counties
to the Iowa Department of Transportation (IDOT)
Suggested Disposition: Receive and File
5. Approval of City Expenditures
City Manager recommending City Council approval for payment of City expenditures.
Suggested Disposition: Receive and File; Approve
Yays
Nays
Jones
Resnick
Larson
Buol
Del Toro
Shaw
Rios
6. Federal Emergency Management Agency (FEMA) Flood Map Meeting
Information
City Manager transmitting information that the Federal Emergency Management Agency
(FEMA) and the Iowa Department of Natural Resources (IDNR) will be hosting two
meetings on October 17 to share and discuss the preliminary floodplain maps with city
and county officials and the public.
Suggested Disposition: Receive and File
7. 2018 Justice Assistance (JAG) Grant
City Manager recommending approval to accept the 2018 Justice Assistance Grant
(JAG).
Suggested Disposition: Receive and File; Approve
8. Iowa Clean Air Attainment (ICAAP) Grant Submission
City Manager recommending approval of the submission of an Iowa Clean Air
Attainment Grant by DJMP Engine Solutions on behalf of Newt Marine Services.
RESOLUTION Authorizing the filing of an Iowa Clean Air Attainment Program
application with the Iowa Department of Transportation (IDOT) with sponsorship
provided by the City of Dubuque to assist with funding of EPA Certified Towboat
Engines that will reduce carbon emission and improve regional air quality
Suggested Disposition: Receive and File; Approve
9. Pre -Annexation Agreement - William H. Richard, Jr. Living Trust
City Manager recommending approval of a Pre -Annexation Agreement with William H.
Richard Jr. as Trustee of the William H. Richard, Jr. Living Trust for Richard 2nd
Addition in Dubuque County.
RESOLUTION Approving a Pre -Annexation Agreement between the City of Dubuque,
Iowa and William H. Richard, Jr. as Trustee of the William H. Richard, Jr. Living Trust
Suggested Disposition: Receive and File; Adopt Resolution(s)
Yays
Nays
Jones
Resnick
Larson
Buol
Del Toro
Shaw
Rios
10. Pre -Annexation Agreement - E. William and Margaret Walser
City Manager recommending approval of a Pre -Annexation Agreement with E. William
Walser and Margaret Walser for property in Walser Addition in Dubuque County.
RESOLUTION Approving a Pre -Annexation Agreement between the City of Dubuque,
Iowa and E. William and Margaret Walser
Suggested Disposition: Receive and File; Adopt Resolution(s)
11. Pre -Annexation Agreements - Roeder Realty LHP
City Manager recommending approval of three Pre -Annexation Agreements with
Roeder Realty, LLLP, property owners, for property located at 2550, 2554 and 2580
Rockdale Road, in conjunction with their request to connect to City water.
RESOLUTION Approving a Pre -Annexation Agreement between the City of Dubuque,
Iowa and Roeder Realty, LLLP
Suggested Disposition: Receive and File; Adopt Resolution(s)
12. Thomas Place Retaining Wall Repair Project Acceptance
City Manager recommending acceptance of the construction contract for the Thomas
Place Retaining Wall Repair Project, as completed by Drew Cook & Sons Excavating,
Co, Inc. RESOLUTION Accepting the Thomas Place Retaining Wall Repair Project and
authorizing the payment to the contractor
Suggested Disposition: Receive and File; Approve
13. Cedar Lake East 13th Addition - Acceptance of Water Main Improvements
City Manager recommending acceptance of the public improvements that the
developers, Hansel Properties, LLC, have recently completed in Cedar Lake East 13th
Addition.
RESOLUTION Accepting public improvements on Windmill Lane in Cedars Lake East
13th Addition in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
Yays
Nays
Jones Q.
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Resnick 1
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Larson
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14. Acceptance of Grant of Easement for Water Main and Fiber Optics - Jon D.
Luckstead Property
City Manager recommending acceptance of a Grant of Easement for Water Main and
Fiber Optics Utility across Jon D. Luckstead property, being part of Lots D, 3, and 4 of
Tamarack S.E. Fourth Subdivision, in Dubuque County, as part of the Tamarack Park
Water Main Extension Project 2018.
RESOLUTION Accepting a Grant of Easement for water main and fiber optics utility
through, over and across part of Lots D, 3, and 4 of Tamarack S.E. Fourth Subdivision,
in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
15. Eagle Point Park Indian Room Roof Replacement Project Acceptance
City Manager recommending acceptance of the Eagle Point Park Indian Room Roof
Replacement Project, as completed by Gronen Restoration, Inc.
RESOLUTION Accepting the Eagle Point Park Indian Room Roof Replacement Project
and authorizing the payment of the contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution(s)
16. John Deere Dubuque Works 28E Agreement
City Manager recommending approval for the Mayor to execute a 28E Agreement
between Dubuque County, the City of Dubuque and John Deere Dubuque Works for a
Traffic Improvement Study along John Deere Road.
RESOLUTION Approving a 28E Funding Agreement between Dubuque County, the
City of Dubuque and John Deere Dubuque Works for a Traffic Improvement Study
along John Deere Road
Suggested Disposition: Receive and File; Adopt Resolution(s)
17. U.S. EPA Semi Annual Consent Decree
City Manager transmitting the September 30, 2018 Semi Annual Consent Decree
Report that has been submitted to the United States Environmental Protection Agency
as required by the Consent Decree.
Suggested Disposition: Receive and File
Yays
Nays
Jones
Resnick
Larson
Buol
Del Toro
Shaw
Rios
18. Upper Bee Branch Railroad Culvert Crossing Project, Property Acquisition
(Easement) from Robert F. Klauer (430 Garfield Ave.)
City Manager is recommending approval of the acquisition of a temporary easement
from Robert F. Klauer, owner of 430 Garfield Avenue, as required for the Upper Bee
Branch Railroad Culverts Project.
RESOLUTION Approving a purchase agreement between the City of Dubuque and
Robert F. Klauer
Suggested Disposition: Receive and File; Adopt Resolution(s)
19. Upper Bee Branch Railroad Culvert Crossing Project Property Acquisition
from HWY 151 & 61 Development, LLC
City Manager recommending approval of the acquisition of a permanent easement and
a temporary easement (the Easements) at the E. 16th Street property legally described
as Lot 2 Riverview Plaza No. 3, owned by HWY 151 & 61 Development, LLC, for the
construction and maintenance of the Upper Bee Branch Railroad Culverts Project.
RESOLUTION Approving the acquisition of easements through certain real property
owned by HWY 151 & 61 Development, LLC in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
20. Upper Bee Branch Creek Railroad Culverts Project Property Acquisition
(easements) from B&M Properties and Storage, LLC
City Manager recommending approval to make the final offer for permanent and
temporary easements through certain real property owned by B&M Properties &
Storage, LAG, at 525 E. 19th Street, for the purpose of constructing, operating, and
maintaining the Upper Bee Branch Creek Railroad Culverts, a stormwater management
project.
RESOLUTION Authorizing the City Manager to make the final offer for the acquisition of
easements through certain real property owned by B&M Properties & Storage, LLC in
the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
Yays
Nays
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Jones ;.
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21. Signed Contract(s)
Blackstone Environmental, Inc., contracts (3) for West Blum Site environmental
cleanup; Four Mounds Usage Agreement for use of 1101 Central for the 2018-2019
Winter Farmer's Market; Hillcrest Family Services Usage Agreement for use of Murphy
Park for 2018 Reflections in the Park event.
Suggested Disposition: Receive and File
22. Alcohol Compliance Civil Penalty for Alcohol License Holder — Beecher Liquor
City Manager recommending approval of the Acknowledgment/Settlement Agreement
for an alcohol compliance violation for Beecher Liquor, 1695 Asbury Road.
Suggested Disposition: Receive and File; Approve
23. Alcohol License Applications
City Manager recommending approval of annual beer, liquor and wine licenses as
submitted.
RESOLUTION 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.
Suggested Disposition: Receive and File; Adopt Resolution(s)
ITEMS SET FOR PUBLIC HEARING
1. Kerper Blvd. Sanitary Sewer Reconstruction Project Initiate November 5
2. Residential Parking Permit District H Amendment November 5
3. State Revolving Fund (SRF) Sanitary Sewer Capital Loan Notes Series 2018C
November 5
Yays
Nays
✓
Jones
Resnick I
✓
Larson
✓
Buol
Del Toro
Shaw 0
Rios
1. Kerper Blvd. Sanitary Sewer Reconstruction Project Initiate
City Manager recommending preliminary approval of the construction plans and
specifications and authorize the public bidding procedure for the Kerper Blvd. Sanitary
Sewer Reconstruction Project. It is further recommended that a public hearing be set for
November 5, 2018.
RESOLUTION Kerper Blvd. Sanitary Sewer Reconstruction
Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for
November 5,2018
2. Residential Parking Permit District H Amendment
City Manager recommending that a public hearing be set for November 5, 2018, to
increase the existing Residential Parking Permit District H to include both sides of
Phyllrich Drive between Keymont Drive and Keystone Drive.
RESOLUTION Setting a public hearing on amending Residential Parking Permit District
H to include both sides of Phyllrich Drive between Keystone Drive and Keymont Drive
Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for
November 5, 2018
3. State Revolving Fund (SRF) Sanitary Sewer Capital Loan Notes Series 2018C
City Manager recommending that a public hearing be set for November 5, 2018, on the
proposition of selling not to exceed $4,900,000 in Sewer Revenue Capital Loan Notes
(State Revolving Loan Fund Program), the proceeds of which will be used to pay costs
for Kerper Boulevard Sanitary Sewer Reconstruction and the Eagle Point Park
Environmental Restoration Sponsorship project.
RESOLUTION Fixing Date for a meeting on the authorization of a Loan and
Disbursement Agreement and the issuance of not to exceed $4,900,000 Sewer
Revenue Capital Loan Notes of the City of Dubuque, Iowa, and providing for publication
of notice thereof
Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for
November 5, 2018
BOARDS/COMMISSIONS
Appointments to the following commissions to be made at this meeting.
1. Airport Commission
One, 4 -year term through July 1, 2022 (Vacant term of Chambers)
Applicant:
1. Michael Philips, 1029 Dunham Dr.
This commission is subject to the State of Iowa Gender Balance Law.
5 Commissioners total; currently 2 males/2 females
Yays
Nays
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Jones
1
Resnick
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Larson
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Buol
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Del Toro
Shaw
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2. Housing Commission
• One, 3 -year term through August 17, 2021 (Vacant term of Hoeper)
Applicants:
1. Michelle Becwar, 2115 Coates St.
2. Antonino T. Erba, 1505 Fairview PI.
Jones Resnick Larson
Michelle Becwar
Antonino T. Erba
Buol
Del Toro
Shaw
Rios
3. Human Rights Commission
One, 3 -year term through January 1, 2020 (Vacant term of Perry)
Applicants:
1. Jason Keeler, 3259 Arrowwood Ln. (Additional Application)
2. Erin Muenster, 2030 Embassy West Dr.
3. David Olson, 909 Spires Dr.
4. Samuel Wright, 508 West Locust St.,
This commission is subject to the State of Iowa Gender Balance Law.
9 Commissioners total; currently 4 males/4 females
Jason Keeler
Erin Muenster
David Olson
Samuel Wright
Jones
Resnick
Larson
Buol
Del Toro
Shaw
Rios
✓
✓
4. Resilient Community Advisory Commission
One, 3 -year term through July 1, 2020 (Vacant term of Hoeper)
Applicants:
1. Lalith Jayawickrama, 2360 Cherry St.
Laura Loucks, 444 1/2 5th St. (Application Pulled by Applicant
Yays
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PUBLIC HEARINGS
1. John F. Kennedy Road Sidewalk Installation Project
Proof of publication on notice of public hearing to consider approval of the plans,
specifications, form of contract and the estimated cost for the John F. Kennedy Road
Sidewalk Installation Project, and the City Manager recommending approval.
RESOLUTION with Respect to the adoption of the Resolution of Necessity proposed for
the John F. Kennedy Road Sidewalk Installation Project
RESOLUTION Approval of plans, specifications, form of contract, and estimated cost for
the John F. Kennedy Road Sidewalk Installation Project
RESOLUTION Approving the Schedule of Assessments and estimate of total cost for
the John F. Kennedy Road Sidewalk Installation Project
Suggested Disposition: Receive and File; Adopt Resolutionfs)
Yays
Nays
✓
Jones 1
✓
Resnick
✓
Larson
✓
Buol
Del Toro
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2. Miracle League of Dubuque Lease Agreement - Veterans' Memorial Park
Proof of publication on notice of public hearing to consider approval of a Lease
Agreement between the City of Dubuque, Iowa, and the Miracle League of Dubuque for
a portion of Veterans' Memorial Park, and the City Manager recommending approval.
RESOLUTION Approving the disposal of an interest in real property owned by the City
of Dubuque by Lease between the City of Dubuque, Iowa and the Miracle League of
Dubuque
Suggested Disposition: Receive and File: Adopt Resolution(sl
Yays
Nays
✓
Jones 1
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Resnick
Larson a
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3. Planned Unit Development (PUD) Amendment for South Pointe Subdivision
Proof of publication on notice of public hearing to consider approval of a request from
Dubuque South Pointe, LLC to amend the South Pointe PUD to revise townhouse
setback requirements in the South Pointe Subdivision, and the Zoning Advisory
Commission recommending approval subject to decks having a rear -yard setback of
two feet.
ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances Unified
Development Code by rescinding Ordinance 14-18 which provides regulations for the
South Pointe PUD Planned Unit Development District with a Planned Residential
Designation and now being amended to modify setback requirements for Townhouse
Dwellings
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
Yays
Nays
✓
Jones 1
✓
Resnick .
/`
Larson
/
Buol
Del Toro
,/
Shaw
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Rios
Final Reading and Adopt
Yays
Nays
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Jones j
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Resnick 7
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Larson
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Buol
Del Toro
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4. Request to Rezone - 701 Bluff Street
Proof of publication on notice of public hearing to consider approval of a request from
K&L Leasing, LLC to rezone property at 701 Bluff Street from OR Office Residential to
C-4 Downtown Commercial Zoning District, and the Zoning Advisory Commission
recommending approval subject to decks having a rear -yard setback of two feet.
ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances Unified
Development Code by rescinding Ordinance 14-18 which provides regulations for the
South Pointe PUD Planned Unit Development District with a planned Residential
Designation and now being amended to modify setback requirements for Townhouse
Dwellings
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
Yays
Nays
Nays
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Jones
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Resnick
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Resnick
Larson
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Larson
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Final Reading and Adopt
Yays
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PUBLIC INPUT
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ACTION ITEMS
1. Water Main Extension to Tamarack Park Project Award
City Manager recommending award of the Tamarack Park Water Main Extension
Project 2018 contract to the low bidder Top Grade Excavating, Inc.
RESOLUTION Awarding Water Main Extension to Tamarack Park Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
Yays
Nays
,j
Jones
-/
Resnick 1
,/
Larson
✓
Buol
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Del Toro.p.
✓
Shaw
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Rios
2. Request to Reconsider - Southwestco Wireless, LLC Lease Supplements
(October 1, 2018) Added Late
Correspondence from Council Member Jake Rios requesting reconsideration of the
October 1, 2018 Public Hearing item Intent to Dispose of an Interest in Real Property
Owned by the City of Dubuque by Lease Supplements Between the City of Dubuque,
Iowa and Southwestco Wireless, Inc. D/B/A Verizon Wireless.
Suggested Disposition: Receive and File; Council
Yays
Nays
Jones
„7
Resnick
Larson.
Buol
,-
Del Toro
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Shaw
Rios 1
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3. Replace Part -Time with Full -Time Bus Operator Positions
City Manager recommending that three part-time positions be eliminated December 1,
2018 and replaced with three full-time positions effective that same date.
Suggested Disposition: Receive and File; Approve
Yays
Nays
✓"
Jones 1
✓
Resnick
✓'
Larson
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Buol
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Del Toro
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Shaw
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Rios
4. Code of Ordinances Amendment - Tile 10 Use of Personal Cooking Devices in
Parks, Parkways, Trails or Open Spaces
City Manager recommending approval of an amendment to Section 10-5B-17 of the
Code of Ordinances to add language that allows the use of personal cooking devices in
parks, parkways, trails or open spaces. This amendment will allow the use of portable
charcoal and gas grills.
ORDINANCE Amending the City of Dubuque Code of Ordinances Title 10 Public Ways
and Property, Chapter 5 Parks and Recreation, Article B Use Regulations, Section 10-
5B-17 Fires
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
Yays
Nays
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Jones 1
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Resnick
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Larson
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Final Reading and Adopt
Yays
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5. Iowa Department of Transportation Iowa Clean Air Attainment Program (ICAAP)
Federal Fiscal Year 2020 Grant Funding for Smart Traffic Routing with Efficient
and Effective Traffic Signals (STREETS) Improvements
City Manager recommending approval to submit an application in partnership with
Dubuque Metropolitan Area Transportation Study (DMATS) for an Iowa Department of
Transportation Iowa Clean Air Attainment Program (ICAAP) application to assist with
funding Smart Traffic Routing with Efficient and Effective Traffic Signals (STREETS)
improvements.
RESOLUTION Authorizing the filing of an Iowa Clean Air Attainment Program
Application with the Iowa Department of Transportation (IADOT) in partnership with
Dubuque Metropolitan Area Transportation Study (DMATS) to assist with the funding of
Smart Traffic Routing with Efficient and Effective Traffic Signals (Streets) Improvements
Suggested Disposition: Receive and File; Adopt Resolution(s)
Yays
Nays
✓
Jones
✓
Resnick
4✓
Larson
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Buol
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Del Toro'
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Shaw
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6. Additional General Fund Reserve Contribution and Frozen Positions
City Manager recommending approval of an additional contribution to the general fund
reserve in Fiscal Year 2019 and funding all frozen positions effective January 1, 2019,
with exception of the Parks Division maintenance worker which will be funded March 1,
2019.
Suggested Disposition: Receive and File; Approve
Yays
Nays
✓
Jones ,,Q
Resnick
✓
Larson j
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Buol
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Del Toro
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7. Request for Work Session - Travel Dubuque Quarterly Work Session
Travel Dubuque President & CEO Keith Rahe requests the City Council schedule a
work session for November 5, 2018 at 5:30 p.m. in the Council Chambers for the Travel
Dubuque quarterly update.
Suggested Disposition: Receive and File; Council
Yays
Nays
,/
Jones 1
—.
Resnick
Larson
Buol
,/
Del Toro
✓
Shaw
,/
Rios
8. Request for Work Session - Sustainable Dubuque Quarterly Work Session
City Manager requesting that the City Council schedule the Sustainable Dubuque
quarterly work session for Monday, November 26 at 6:00 p.m. in City Council
Chambers.
Suggested Disposition: Receive and File; Council
Yays
Nays
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COUNCIL MEMBER REPORTS
CL ' SED SESSION @ p.m.
Pen ng Litigation and Real Estate Transfer Negotiations — Chapter 21.5(1)(c), -(j) Code
of low
state: for the record that the attorney who will consult with City Council on the
issues to b\ discussed in the closed session is City Attorney Crenna Brumwell.
Yays
Nays
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Resni,k
Larson
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Buol
Del Toro
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Reconvened in open session
ADJOURNMENT @ ID' p.
Yays
Nays
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Jones
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Larson 1
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Buol
Del Toro.
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p.m.
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4557,
TO: Kew SJEi.rnsiahl, City Clerk
You are hereby directed to call a Regular Session of the City Council to be
held on Monday, October 15, 2018 at 6:00 PM in the Historic Federal Building for
the purpose of conducting such business that may properly come before the City
Council.
Consent Items: Pages 1-5
Roy D. Buol, Mayor