Minutes_City Council Proceedings 4/6/20City of Dubuque
ITEM TITLE:
SUMMARY:
SUGGESTED DISPOSITION:
Copyrighted
April 20, 2020
Consent Items # 1.
Minutes and Reports Submitted
City Council proceedings of 4/6; Historic Preservation
Commission of 3/19; Library Board of Trustees Council
update No. 196 of 3/26; Proof of publication for City
Council proceedings of 3/9, 3/16, 3/17, 3/23, 3/25.
Suggested Disposition: Receive and File
ATTACHMENTS:
Description
City Council Proceedings of 4/6/20
Community Development Advisory Commission Minutes
of 3/18/20
Historic Preservation Commission Minutes of 3/19/20
Library Board of Trustees Council Update No. 196 of
3/26/20
Proof of Publication for City Council Proceedings of
3/9/20
Proof of Publication for City Council Proceedings of
3/16/20
Proof of Publication for City Council Proceedings of
3/17/20
Proof of Publication for City Council Proceedings of
3/23/20
Proof of Publication for City Council Proceedings of
3/25/20
Type
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
The Dubuque City Council met in special session at 5:30 p.m. on April 6, 2020.
Due to the COVID-19 pandemic and mandates for social distancing, this meeting was
conducted virtually.
Present: Mayor Buol; Council Members Cavanagh, Jones, Resnick, Roussell, Shaw,
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 a work session on Inclusive Dubuque.
WORK SESSION
Inclusive Dubuque Quarterly Report
Representatives of The Community Foundation of Greater Dubuque presented the
quarterly report for Dubuque Initiatives. Paul Duster, Director of Community Initiatives;
Jenna Manders, Director of Strategic Relations; Clara Lopez Ortiz, Equity Coordinator;
Alex Baum, Knowledge Management Director. Topic included:
• Vision and Values: economic opportunity, equity and inclusion, academic
achievement
• Grant -making during a pandemic
• COVID-19 Response — using an inclusive lens
• Nonprofit survival coaching
• Equity and inclusion
• Business leader equity cohort
• Best practices in diversity, equity, and inclusion
• Inclusive Dubuque newsletter
• Inclusive Dubuque network partner meetings
• Needs assessment
o Project scope
o Who are our immigrants?
o Immigration quotas
o Legality
• The work so far
• Current activities
• Key findings
• Next steps
The presenters responded to questions from the City Council.
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There being no further business, Mayor Buol declared the work session adjourned at
6:16 p.m.
1 t 4/15
/s/Kevin S. Firnstahl, CMC
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 April 6, 2020.
Due to the COVID-19 pandemic and mandates for social distancing, this meeting was
conducted virtually.
Present: Mayor Buol; Council Members Cavanagh, Jones, Resnick, Roussell, Shaw,
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
PRESENTATION(S)
1. Mayor Buol's Declaration Proclamation Update; Mayor Roy D. Buol read an update
to his March 17, 2020 COVID-19 Declaration Proclamation.
2. COVID-19 Update: Public Health Specialist Mary Rose Corrigan provided an update
on county -wide COVID-19 pandemic situation and response activities. Topics included
current, local pandemic data for the City of Dubuque, Dubuque County and updates from
Governor Reynolds continuing the State Public Health Emergency Declaration and
ordering additional closures.
PROCLAMATION(S)
1. National Service Recognition Day (April 7, 2020) was accepted by Mayor Buol on
behalf of AmeriCorps Dubuque and the Corporation for National & Community Service.
CONSENT ITEMS
The City Clerk announced that Item No. 19. New Cingular Wireless PCS, LLC -
Amended and Restated Lease Agreement is moved to Items to be Set for Public Hearing.
Motion by Jones to receive and file the documents, adopt the resolutions, and dispose
of as indicated except for Item No. 19. Seconded by Roussell. The City Clerk and Public
Information Officer reported that there was no online public input received related to the
Consent Items. Motion carried 7-0.
1. Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission and
Work Group of 2/25; City Council Proceedings for March 16, 17, 23, 25; Proof of
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Publication for City Council Proceedings of 3/2; Proof of Publication for List of Claims and
Summary of Revenues for Month Ending 2/29. Upon motion the documents were
received and filed.
2. Approval of City Expenditures: City Manager recommending City Council approval
for payment of City expenditures. Upon motion the documents were received and filed,
and Resolution No. 101-20 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.
3. 2019 Arts Mean Business Activity Report: City Manager transmitting the Arts Mean
Business 2019 Activity Report. Upon motion the document was received and filed.
4. Exclusive Soft Drink Provider Agreement for Leisure Services Facilities: City
Manager recommending approval of a three-year Exclusive Soft Drink Provider
Agreement with Lime Rock Springs for the Bunker Hill Golf Course, McAleece
concession, Flora and Sutton pool concession, Veteran's Memorial Park and the Port of
Dubuque Marina. Upon motion the documents were received, filed and approved.
5. SW Arterial intelligent Transportation System (ITS) Agreement: City Manager
recommending approval of a Cooperative Funding Agreement with the Iowa Department
of Transportation for the development and implementation of an Intelligent Transportation
System (ITS) along the U.S. 52 / Southwest Arterial Corridor. Upon motion the documents
were received and filed, and Resolution No. 102-20 Approving a Cooperative Funding
Agreement (2020-16-033) with the Iowa Department of Transportation for the
development and implementation of an Intelligent Transportation System along the U.S.
52 / Southwest Arterial Corridor was adopted.
6.Downtown Rehabilitation Loan Program for 1555 Central Avenue: City Manager
recommending approval of a Downtown Rehabilitation Loan Program Grant Award to Tim
Specht for facade improvements to 1555 Central Avenue. Upon motion the documents
were received, filed and approved.
7. Downtown Rehabilitation Loan Program for 1638 Central: City Manager
recommending approval of a Downtown Rehabilitation Loan Program Grant Award to
building owner, United Brotherhood of Carpenters & Joiners of America, for facade
improvements to 1638 Central Avenue. Upon motion the documents were received and
filed.
8. Dubuque Children's Zoo Booster Lease Approval" City Manager recommending
approval of the annual renewal to the 5-year lease agreement with the Dubuque
Children's Zoo Boosters, Inc. Upon motion the documents were received, filed and
approved.
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9. Tri-State Modelers Club Lease Agreement: City Manager recommending the annual
renewal of a 5-year lease agreement with the Tri-State Modelers Club. Upon motion the
documents were received, filed and approved.
10. Congressional Correspondence Requesting Programming Support: Mayor Roy D.
Buol's correspondence to U.S. Congressional representatives requesting financial
support of certain programs. Upon motion the documents were received and filed.
11. Port of Dubuque LLC (Merge, LLC) First Amendment to Development Agreement:
City Manager recommending approval of the First Amendment to Development
Agreement with Port of Dubuque LLC to extend the closing from April 2020 to October 1,
2020. Upon motion the documents were received and filed, and Resolution No. 103-20
Approving the First Amendment to Development Agreement between the City of
Dubuque, Iowa and Port of Dubuque, LLC was adopted.
12. Sustainable Dubuque Community Grant Award Recommendation: City Manager
recommending approval of the Resilient Community Advisory Commission
recommendations for four projects for funding from the Sustainable Dubuque Community
Grant Program. Upon motion the documents were received, filed and approved.
13. Dubuque Metropolitan Area Solid Waste Agency Waste Minimization Grant Award
for Multicultural Family Center Expansion: City Manager transmitting information that the
grant application to the Dubuque Metropolitan Area Solid Waste Agency Minimization
Grant for the Multicultural Family Center expansion was approved and awarded. Upon
motion the documents were received and filed.
14. Proposed Master Co -location and Shared Services and First Amendment between
the City of Dubuque and Interstate Power and Light: City Manager recommending
approval of a Master Co -Location and Shared Services Agreement, and initial project
under that Agreement, with Interstate Power and Light for the installation of a shared fiber
conduit route within the City of Dubuque. Upon motion the documents were received, filed
and approved.
15. Update on Small Cell Installation Approved for Creston and Rosemont Streets: City
Manager providing an update on the installation of a small cell that had previously been
approved by City Council but voluntarily delayed by the carrier that is now seeking to
move forward with the installation at Creston and Rosemont Streets. Upon motion the
documents were received and filed.
16. Iowa Worker Adjustment and Retraining Notification (WARN) - Flexsteel Industries,
Inc.: Correspondence from Flexsteel Industries, Inc. notifying the City of a temporary laid
off of 40 employees from their facility at 385 Bell Street. Upon motion the documents were
received and filed.
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17. US EPA Consent Decree Semi Annual Report: City Manager transmitting the
March 31, 2020 Consent Decree Semi Annual Report that was submitted to the U.S.
Environmental Protection Agency. Upon motion the documents were received and filed.
18. Dubuque Police Protective Association Collective Bargaining Agreement: City
Manager recommending approval of the Collective Bargaining Agreement between the
City of Dubuque and the Dubuque Police Protective Association (DPPA) effective July 1,
2020 through June 30, 2024. Upon motion the documents were received, filed and
approved.
19. New Cingular Wireless PCS, LLC - Amended and Restated Lease Agreement:
Upon motion, this item was moved to Items to be Set for Public Hearing.
20. Signed Contract(s): A Cut Above contract for Grinding and Removal of Tree
Stumps; 2020 Farm Lease with William Siegert; Dubuque Metropolitan Area Solid Waste
Agency Waste Delivery Contract. Upon motion the documents were received and filed.
21. Alcohol Compliance Civil Penalty for Alcohol License Holder — EZ Stop II: City
Manager recommending approval of the Acknowledgment/Settlement Agreement for an
alcohol compliance violation for EZ Stop II, 700 Rhomberg Avenue. Upon motion the
documents were received, filed and approved.
22. Tobacco Compliance Civil Penalty for Tobacco License Holder —Vapor City Outlet:
City Manager recommending approval of the Acknowledgement/Settlement Agreement
for a tobacco compliance violation for Vapor City Outlet, 3330 Asbury Road. Upon motion
the documents were received, filed and approved.
23. Alcohol License Applications: City Manager recommending approval of annual
liquor, beer, wine and tobacco license applications as submitted. Upon motion the
documents were received and filed, and Resolution No. 105-20 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 was adopted.
ITEMS SET FOR PUBLIC HEARING
Motion by Resnick 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 Cavanagh. Motion carried 7-0.
1. Greater Downtown Urban Renewal District - Resolution of Necessity: City Manager
recommending approval of a resolution that authorizes and directs the City Manager to
prepare a proposed Amended and Restated Urban Renewal Plan for the Greater
Downtown Urban Renewal District and sets a public hearing on the proposed Amended
and Restated Urban Renewal Plan for May 18, 2020. Upon motion the documents were
received and filed and Resolution No. 106-20 Authorizing and directing the City Manager
to prepare an Amended and Restated Urban Renewal Plan for the Greater Downtown
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Urban Renewal District and Setting the date for a public hearing and consultation on the
proposed Amended and Restated Urban Renewal Plan for said District was adopted
setting a public hearing for a meeting to commence at 6:30 p.m. on May 18, 2020.
2. Verizon Wireless Grant of Easement - Small Cell Equipment in Flora Park: City
Manager recommending approval of a resolution granting Bell Atlantic Mobile Systems
LLC, d/b/a Verizon Wireless, a 10 foot -wide easement from the public right-of-way, across
City of Dubuque property in Flora Park, to a light pole to access and install underground
utilities to operate the small cell equipment on the light pole. Upon motion the documents
were received and filed and Resolution No. 107-20 Setting public hearing on the Grant of
Easement to Bell Atlantic Mobile Systems, LLC d/b/a Verizon Wireless, for small cell
equipment in Flora Park was adopted setting a public hearing for a meeting to commence
at 6:30 p.m. on April 20, 2020.
3. Intent to Dispose of Property at 1938 Washington to Affordable Housing Network,
Inc.: City Manager recommending that the City Council set a public hearing for April 20,
2020, for the purpose of disposing of City -owned real property located at 1938
Washington Street to Affordable Housing Network, Inc., who will rehabilitate and sell the
property to an income -qualifying household under 80% median income. Upon motion the
documents were received and filed and Resolution No. 108-20 Resolution of Intent to
dispose of an interest in City of Dubuque real estate to Affordable Housing Network, Inc.,
setting a time and place for hearing and providing for the publication of notice thereof was
adopted setting a public hearing for a meeting to commence at 6:30 p.m. on April 20,
2020.
4. New Cingular Wireless PCS, LLC - Amended and Restated Lease Agreement: Upon
motion this item was moved from the Consent Agenda.
City Manager recommending that the City Council set a public hearing for April 20,
2020, to consider approval of an Amended and Restated Lease Agreement between the
City of Dubuque and Cingular Wireless PCS, LLC (AT&T Mobility) for space on the ground
and water tower at the City's College Street Water Tower adjacent to Finley Hospital.
Upon motion the documents were received and filed and Resolution No. 104-20 Intent to
dispose of an interest in real property owned by the City of Dubuque by Lease between
the City of Dubuque, Iowa and New Cingular Wireless PCS, LLC was adopted setting a
public hearing for a meeting to commence at 6:30 p.m. on April 20, 2020.
BOARDS/COMMISSIONS
Appointments were made to the following Boards and Commission.
1. Building Code and Advisory Appeals Board: One, 3-Year term through August 1,
2021 (Vacant At -Large term of Luchsinger). Applicant: George Cooley, 2255 Francis St.
(Qualifies as At -Large Applicant). Motion by Resnick to appoint Mr. Cooley to a 3-year
term through August 1, 2021. Seconded by Sprank. Motion carried 7-0.
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2. Zoning Advisory Commission: One, 3-Year term through July 1, 2022 (Vacant term
of Belmont). Applicant: Matthew Mulligan, 1167 Hunters Ridge. Motion by Jones to
appoint Mr. mulligan to a 3-year term through July 1, 2022. Seconded by Cavanagh.
Motion carried 7-0.
PUBLIC HEARINGS
1. Walter Development, LLC / Duluth Holdings, Inc. - Amended and Restated
Development Agreement: Proof of publication on notice of public hearing to consider
approval of an Amended and Restated Development Agreement by and among Walter
Development, LLC and Duluth Holdings, Inc. providing for the sale of City -owned real
estate to Walter Development, LLC and authorizing the issuance of Urban Renewal Tax
Increment Revenue Grant Obligations pursuant to the Development Agreement, and the
City Manager recommending approval. Motion by Cavanagh to receive and file the
documents and adopt Resolution No. 109-20 Approving an Amended and Restated
Development Agreement by and among the City of Dubuque, Walter Development, LLC,
and Duluth Holdings, Inc. for the sale of City -owned property including the issuance of
Urban Renewal Tax Increment Revenue Obligations. Seconded by Jones. The City Clerk
and Public Information Officer confirmed that there was no online public input received
regarding this item. Motion carried 7-0.
2. Sale of Property at 2320 Mineral Street: Proof of publication on notice of public
hearing to consider disposing of City -owned real property located at 2320 Mineral Street
to Danielle K. Atchison, and the City Manager recommending approval. Motion by Jones
to receive and file the documents and adopt Resolution No. 110-20 Disposing of City
interest by deed to Danielle K. Atchison. Seconded by Resnick. The City Clerk and Public
Information Officer confirmed that there was no online public input received regarding this
item. Motion carried 7-0.
3. Gavilon Grain, LLC Lease Agreement - Commercial Street (aka East 7th Street)
Property: Proof of publication on notice of public hearing to consider approval of a Lease
Agreement with Gavilon Grain, LLC for the Commercial Street (Seventh Street Lease),
which will replace the 1971 Lease Agreement, and the City Manager recommending
approval. Motion by Shaw to receive and file the documents and adopt Resolution No.
111-20 Disposing of an interest in real property by Lease Agreement between the City of
Dubuque, Iowa and Gavilon Grain, LLC - Commercial Street (Seventh Street) Lease.
Seconded by Cavanagh. The City Clerk and Public Information Officer confirmed that
there was no online public input received regarding this item. For the record, Mr. Delbert
Uhlik, Jr. of Gavilon Group, LLC was available on the phone. Motion carried 7-0.
4. Gavilon Grain, LLC Lease Agreement - Purina Drive Property: Proof of publication
on notice of public hearing to consider approval of a Lease Agreement between the City
of Dubuque and Gavilon Grain, LLC for property on Purina Drive, which will replace the
2002 lease, and the City Manager recommending approval. Motion by Cavanagh to
receive and file the documents and adopt Resolution No. 112-20 Disposing of an interest
in real property by Lease Agreement between the City of Dubuque, Iowa and Gavilon
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Grain, LLC - Purina Drive Lease. Seconded by Shaw. The City Clerk and Public
Information Officer confirmed that there was no online public input received regarding this
item. For the record, Mr. Delbert Uhlik, Jr. of Gavilon Group, LLC was available on the
phone. Motion carried 7-0.
5. Jackson Street Reconstruction Project from 11th Street to 12th Street: Proof of
publication on notice of public hearing to consider approval of plans, specifications, form
of contract, and estimated cost for Jackson Street (11th Street to 12th Street)
Reconstruction Project, and the City Manager recommending approval. Motion by
Cavanagh to receive and file the documents and adopt Resolution No. 113-20 Approval
of plans specifications, form of contract, and estimated cost for the Jackson Street (11th
to 12th Streets Reconstruction Project. Seconded by Shaw. The City Clerk and Public
Information Officer confirmed that there was no online public input received regarding this
item. Motion carried 7-0.
PUBLIC INPUT
Due to the COVID-19 pandemic and mandates for social distancing, public input was
offered via Facebook Live and through ctyclerk@cityofdubuque.org. The City Clerk and
Public Information Officer confirmed that there was no online public input received.
ACTION ITEMS
1. Award Cedar Street Force Main Air Vacuum Release Valve Replacement Project:
City Manager recommending award of the Cedar Street Force Main Air Vacuum Release
Valve Replacement Project public improvement construction contract to the low bidder
Tschiggfrie Excavating Co. Motion by Resnick to receive and file the documents and
adopt Resolution No. 114-20 Awarding public improvement contract for the Cedar Street
Force Main Air Vacuum Release Valve Replacement Project. Seconded by Jones. Motion
carried 7-0.
2. Gavilon Grain, LLC - First Amendment to Lease Agreement - Dove Harbor Lease:
City Manager recommending approval of a resolution approving the First Amendment to
Lease Agreement between the City of Dubuque and Gavilon Grain, LLC for property on
Dove Harbor, and the City Manager recommending approval. Motion by Cavanagh to
receive and file the documents and adopt Resolution No. 115-20 Approving First
Amendment to Lease Agreement between the City of Dubuque, Iowa and Gavilon Grain,
LLC - Dove Harbor Lease. Seconded by Jones. Motion carried 7-0.
3. Gavilon Grain, LLC- First Amendment to Lease Agreement - Salt Site Lease: City
Manager recommending approval of a resolution approving the First Amendment to
Lease Agreement between the City of Dubuque and Gavilon Grain, LLC for property on
Kerper Boulevard referred to as the Salt Site Lease. Motion by Resnick to receive and file
the documents and adopt Resolution No. 116-20 Approving the First Amendment to
Lease Agreement between the City of Dubuque, Iowa and Gavilon Grain, LLC - Salt Site
Lease. Seconded by Jones. Motion carried 7-0.
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4. Memorandum of Understanding with the Iowa Department of Natural Resources
(IDNR): City Manager recommending approval of a Memorandum of Understanding with
the Iowa Department of Natural Resources. Motion by Cavanagh to receive and file the
documents and approve the recommendation. Seconded by Shaw. Motion carried 7-0.
5. Water & Resource Recovery Center Article: City Manager providing a copy of the
"Food Waste Co -digestion at Water Resource Recovery Facilities" article from Water
Environment & Technology (WE&T) Magazine that features Dubuque's Water &
Resource Recovery Center. Motion by Jones to receive and file the documents.
Seconded by Cavanagh. Motion carried 7-0.
6. Microloan Agreement with ECIA Business Growth: City Manager recommending
approval to draft a contract with ECIA Business Growth for the development and
administration of a microloan program to assist downtown businesses adversely affected
by lengthy City construction projects. Motion by Cavanagh to receive and file the
documents. Seconded by Resnick. Responding to questions from the City Council. City
Manager Van Milligen stated that any business impacted by COVID-19 may be eligible
and that ECIA will handle marketing the program. Motion carried 7-0.
7. Real Estate Broker Services for Listing City -Owned Land for Sale or Lease: City
Manager recommending approval of agreements for real estate broker services of
Continental Realty & Investment, LTD to sell or lease City -owned land. Motion by Jones
to receive and file the documents and adopt Resolution No. 117-20 Approving
Agreements for Real Estate Broker Services between the City of Dubuque, Iowa and
Continental Realty & Investment, LTD for the sale or lease of City -owned properties.
Seconded by Roussell. Motion carried 7-0.
8. Fire Department Five -Year Strategic Plan: City Manager transmitting a new five-
year strategic plan for Fire Department. Motion by Roussell to receive and file the
information. Seconded by Resnick. Fire Chief Rick Steines briefly reviewed the plan
through verbal report. Motion carried 7-0.
9. Five Flags Civic Center Commission Recommendation Regarding Delay of
Referendum Vote: Correspondence from Five Flags Civic Center Commission regarding
a recommendation relative to the delay of the Five Flags Civic Center referendum vote
currently set by the City Council for September 8, 2020. Restated motion by Cavanagh
to receive and file the documents and postpone the referendum. Seconded by Shaw.
Responding to discussion by the City Council related to selecting a new date, City
Attorney Crenna Brumwell stated that she will provide information on allowable dates in
2021 for a referendum. Motion carried 7-0.
10. Request to Schedule Works Session - Coronavirus Update: City Manager
recommending that City Council schedule a work session for Wednesday, April 22, 2020,
beginning at 6:30 p.m. to provide an update on coronavirus, City services, City operations
and community impact. Motion by Jones to receive and file and schedule the work session
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as recommended pending calendar conflicts. Seconded by Resnick. No conflicts were
expressed. Motion carried 7-0.
CLOSED SESSION
Motion by Jones to convene in closed session at 8:36 p.m. to discuss professional
evaluations pursuant to Chapter 21.5(1)(i) Code of Iowa. Seconded by Resnick. Mayor
Buol stated for the record that the attorney who will consult with City Council on the issue
to be discussed in the closed session is City Attorney Brumwell. Motion carried 7-0.
Upon motion the City Council reconvened in open session at 8:59 p.m. stating the staff
had been given proper direction.
There being no further business, Mayor Buol declared the meeting adjourned at 9:00
p.m.
1t 4/15
/s/Kevin S. Firnstahl, CMC
City Clerk
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