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2 4 20 City Council Proceedings Official_Special and Regular1 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:30 p.m. on February 4, 2020 in the second-floor Council Chambers of the Historic Federal Building, 350 W. 6 th Street. 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 Imagine Dubuque Implementation Strat- egy. WORK SESSION Imagine Dubuque Implementation Strategy 1. City staff will conduct a work session with the City Council on Imagine Dubuque 2037: A Call to Action, Comprehensive Plan Implementation Update. Chris Happ-Olson, Assistant Planner and Project Manager for Imagine Dubuque, in- troduced the work session and co-presenters Mike Hoffman of Teska Associates and Assistant Planner Travis Schrobilgen. Topics included: • History and background of the Comprehensive Plan, planning with sustainability 1936-2017. • Purpose and importance of the Comprehensive Plan • Engagement components • Partnerships for a better Dubuque • Projects underway • Collective Impact Model • Roles and responsibilities o Connectors: City department managers; o Coordinators: City leadership team and community partners; o Champions: individuals, City staff and community partners • Recommendation Selection Guide • Mayor luncheon speakers • June Kick Start Events • Downloadable Action Toolkit and survey • Next steps 2020 and beyond The presenters responded to questions from the City Council regarding providing pro- ject information for website visitors and recruiting champions from the community. Ms. Happ-Olson stated that the committee is working with web developers and establishing work groups to engage the community. 2 There being no further business, motion by Jones to adjourn at 5:51 p.m. Seconded by Resnick. Motion carried 7-0. /s/Kevin S. Firnstahl, CMC, City Clerk 3 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:00 p.m. on February 4, 2020 in the second-floor Council Chambers of the Historic Federal Building, 350 W. 6th Street. 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 PROCLAMATION(S) 1. Kiwanis Club of Dubuque 100th Anniversary Day (February 14, 2020) was accepted by Celebration Committee Chair Tom Stovall. 2. Military Chaplains Day (February 16, 2020) was accepted by John Simon, American Legion Post #6 Commander. CONSENT ITEMS Motion by Resnick to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Shaw. Motion carried 7 -0. 1. Minutes and Reports Submitted: City Council proceedings of 1/21, 1/26, 1/27, 1/28; Library Board of Trustees Council Update #194 of 1/23; Proof of Publication for City Coun- cil proceedings of 1/6. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Jessi Brokus for vehicle damage; Ronald Cathey for vehicle damage, Greg Howell for vehicle damage; Kaitlin Kellogg for vehicle damage; Kelsey Meyer for vehicle damage; William Leibfried for vehicle damage. Upon motion the documents were received, filed, and referred to the 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 As- surance Pool: Jessie Brokus for vehicle damage; Greg Howell for vehicle damage; Kaitlin Kellogg for vehicle damage; and William Leibfried for vehicle damage. Upon motion the documents were received and filed and concurred. 4 4. 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. 34-20 Authorizing the Director of Finance and Budget/City Treasurer to make certain payments of bills that must be paid and approved for payment in accord- ance with City procedures was adopted. RESOLUTION NO. 34-20 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 Whereas, Section 1-7-7(E) of the Municipal Code of the City of Dubuque provides that the Finance Director-City Treasurer shall keep an accurate account of all disbursements, money, or property, specifying date, to whom, and from what fund paid; and Whereas, the invoices, presented by those firms and persons providing such goods and services have been pre-audited by Finance Department personnel in accordance with generally accepted internal control procedures and have been determined to have been requisitioned for a lawful municipal purpose; and Whereas, the Finance Director-City Treasurer has provided a list of Expenditures at- tached hereto, and by this reference made a part hereof, to be drawn to pay for goods and services provided for City purposes; and Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 142 - 18 adopted May 7, 2018, authorized the Finance Director-City Treasurer to issue checks in payment of certain expenditures known as Exception Expenditures prior to City Council approval and such list is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The Finance Director-City Treasurer is hereby authorized to issue payment for goods and services provided for City purposes in response to the purchase orders and contracts issued in compliance with state and municipal code requirements as re- quested by designated requisitioning authorities in accordance with approved budget ap- propriations. Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Finance Director are hereby authorized and directed to provide the statement of receipts and dis- bursements to the City Council, and to publish a summary thereof. Passed, approved, and adopted this 4th day of February 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 5. Quarterly Investment Report: City Manager transmitting the Quarterly Investment Report for the quarter ending December 31, 2019. Upon motion the documents were received and filed. 6. Gaining Opportunities Brochure: City Manager providing a copy of the City of Dubu- que's Housing and Community Development Department's Gaining Opportunities public information brochure. Upon motion the document was received and filed. 5 7. Population by County - 2018 Estimate Map: City Manager providing a copy of the Population by County 2018 Estimate from the U.S. Census Bureau and Legislative Ser- vices Agency. Upon motion the document was received and filed. 8. East Central Intergovernmental Association's (ECIA) Fiscal Year 2019 Annual Re- port of Activities: City Manager providing a copy of the East Central Intergovernmental Association's Fiscal Year 2019 Report of Activities. Upon motion the document was re- ceived and filed. 9. Consulting Services for Geodetic Control Network Update and Aerial Photography Project: City Manager recommending approval of the selection of Dan Corbin, Inc. for the Geodetic Control Network Update and Aerial Photography Project and requests that the City Manager be authorized to negotiate and execute a contract with Dan Corbin, Inc. Upon motion the documents were received, filed and approved. 10. Delinquent Grass, Weed Cutting and Garbage Collection Accounts (Housing De- partment): City Manager recommending adoption of a resolution authorizing the City Clerk to certify grass and weed cutting and garbage collection charges to the Dubuque County Treasurer in order to establish real property lie ns for collection of such charges. Upon motion the documents were received and filed, and Resolution No. 35-20 Author- izing 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. RESOLUTION NO. 35-20 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 Whereas, residential properties in the City of Dubuque are considered substandard if any conditions exist to an extent that endanger life, limb, health, property, safety or wel- fare of the public or the occupants thereof; and Whereas, whenever in the judgment of the Housing Officer, a nuisance that is “palpably and indisputably such” exists which requires immediate action to protect the public health, safety or welfare of the public, the Housing Officer may order the emergency abatement of such; and Whereas, delinquent grass and weed cutting and garbage collection charges shall be certified by the City Clerk to the Dubuque County Treasurer for collection with, and in the same manner as general property taxes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The persons listed on the attached Grass/Weed/Garbage Assessment Schedule are delinquent in the payment of grass and weed cutting and garbage collection charges. Section 2. The City Clerk be and is hereby ordered and directed to certify to the County Treasurer of Dubuque County, Iowa, that the persons named on the attached 6 Grass/Weed/Garbage Assessment Schedule are delinquent in the payment of grass and weed cutting and garbage collection charges in the amount set aside of the respective names, and that said amounts shall be collected in the same manner as general property taxes against the respective parcels of property set opposite the names of the owners. Passed, approved and adopted this 4th day of February 2020. Roy D Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Schedule of Assessments Delinquent Grass/Weed Cutting and Garbage Removal Accounts Location; Owner; Parcel #; Amount; Category 1458 Jackson St.; N 1/2 Lot 49 East Dubuque Add.; MK Properties LLC; 8505 Southern Hills Ct. Dubuque IA 52003; 1024426007; $824.35; garbage 718 Rhomberg Ave.; NE 49.86' of Lot 17 Cook’s Add.; AWKM Properties, LLC; 2248 Jo Ann Dr. Dubuque IA 52002; 1013485004; $100.00; garbage 1428 Washington St.; Lot 120 East Dubuque; MB & B, LLC; 9120 Long Tail Ln. Dubu- que IA 52003; 1024427006; $106.00; garbage 1289 W 5th St.; Lot 2-A-11 & Lot 2-B-12 S.M. Langworthy’s Add.; McCue, Rebecca L.; 1289 W 5th St. Dubuque IA 52001; 1026236008; $194.00; grass 2564 Jackson St.; Lot 14 E Langworthy’s Add; Tuthill, Scott A & Jaymis E.; 14674 N. Cascade Rd. Lot 311 Dubuque IA 52001; 1013335006; $248.00; grass 360 E 16th; W 1/2 of Lot 151 East Dubuque Add.; Pottebaum, Ricky L.; 1638 255 th Ave., Earlville IA 52041; 1024282011; $215.00; grass 1360 Dell; Lot 2-810 A McDaniels Sub.; Paul, Jacob R.; 1825 74th Place; Kenosha WI 53143; 1025133023; $91.00; grass 1908 Schiller; W 44' of Lot 5 McCraney 2nd Add.; Birch, Jamie J.; 398 Main St. Dubuque IA 52001; 1118351015; $339.00; grass 1698 Jackson; Lot 1-37 East Dubuque Add.; Eichstadt, Alexander Lee & Andress Boggs; 1675 Jackson St.; Dubuque IA 52001; 1024268001; $124.00; grass 2495 University Ave.; E 10' of Lot 140 & Lot 139 Finley Waple’s & Burton’s Add.; Miller, Donald N.; 2495 University Ave. Dubuque IA 52001; 1026105010; $107.50; grass 1515 Elm; Bal N 1/2 of Lot 147 East Dubuque Add.; Storo, Penny K.; 1515 Elm St. Dubuque IA 52001; 1024282020; $264.50; grass 2532 Windsor Ave.; Lot 3-3 Giegers Sub.; Lange, Seth D. 2532 Windsor Ave.; Dubu- que IA 52001; 1013410003; $234.00; grass 490 W Locust St.; E 36.6' of Lot 1-1 Quigley’s Sub of 710; Judge Real Estate LLC; 605 Bluff St. Dubuque IA 52001; 1024178007; $249.00; grass and garbage 11. ITC Midwest, LLC Agreement: Senior Counsel recommending adoption of a reso- lution approving the Agreement authorizing ITC Midwest, LLC to operate an electric trans- mission system in the City of Dubuque. Upon motion the documents were received and filed, and Resolution No. 36-20 Approving an Agreement between the City of Dubuque and ITC Midwest, LLC to operate an Electric Transmission System in the City of Dubuque was adopted. 7 RESOLUTION NO. 36-20 APPROVING AN AGREEMENT BETWEEN THE CITY OF DUBUQUE AND ITC MID- WEST, LLC TO OPERATE AN ELECTRIC TRANSMISSION SYSTEM IN THE CITY OF DUBUQUE Whereas, the City of Dubuque, Iowa (City) and ITC Midwest, LLC (ITC Midwest) have tentatively entered into an Agreement for the operation of an electric transmission system in the City of Dubuque until such time as City and ITC Midwest finalize a franchise agree- ment to operate the system; and Whereas, the City Council finds that it is in the best interests of the City of Dubuque to approve the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The attached Agreement is hereby approved, and the City Manager is au- thorized and directed to sign the Agreement on behalf of the City of Dubuque. Passed, approved and adopted this 4th day of February 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 12. Alcohol and Tobacco 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. 37-20 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 B Liquor, Beer and Wine Licenses and Permits; and Resolution No. 38-20 Approving applications for retail cigarette/tobacco sales/nicotine/vapor permits, as required by Iowa Code Chapter 453A.47A were adopted. RESOLUTION NO. 37-20 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 B LIQ- UOR, BEER AND WINE LICENSES AND PERMITS Whereas, applications for Beer, Liquor, and or Wine Permits have been submit ted and filed with the City Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and the applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Renewals Casey's General Store #3473 1072 Cedar Cross Rd. Class E Liquor, Class B Wine, Class C Beer (Sun- day) Convivium Urban Farm- stead 2811 Jackson St. Class C Liquor License (Out- door) (Sunday) 8 Dollar General Store #10074 2400 Gateway Dr. Class C Beer, Class B Wine (Sunday) Dollar General Store #6896 605 W. Locust St. Class C Beer, Class B Wine (Sunday) Dollar General Store #7289 3250 Kennedy Cir., Ste 8 Class C Beer, Class B Wine (Sunday) Dubuque Religious Center 923 Main St. Class B Wine (Sunday) Dungeon 302 Locust St. Class C Liquor (Sunday) El Paisano Grocery Store 1543 Central Ave. Class C Beer (Sunday) Gin Rickey’s 1447 Central Ave Class C Liquor (Sunday) Hammerhead’s Bar & Bil- liards 2095 Kerper Blvd. Class C Liquor (Sunday) Hartig Drug Company 4 2225 Central Ave. Class E Liquor, Class C Beer, Class B Wine (Sun- day) Hy-Vee Market Cafe #3 400 Locust St. Class C Liquor (Catering) (Sunday) Millwork Marketplace 333 E. 10th St. Class C Liquor, Class B Wine (Catering) (Outdoor) (Sunday) Northside Bar, Inc. 2776 Jackson St. Class C Liquor (Outdoor) (Sunday) Pusateri’s 2400 Central Ave. Class C Liquor (Sunday) RMN lounge 481 Locust St. Class C Liquor (Outdoor) (Sunday) Steeple Square 101 E 15th St. Class C Liquor (Sunday) The Richards House B&B 1492 Locust St. Class B Native Wine (Living Qtrs.) (Sunday) Town Clock Inn 799 Main St. Class C Liquor Adding a Privilege Hotel Julien 200 Main St. Carryout Wine New EZ Stop 1 1101 Rhomberg Ave. Class C Beer, Class B Wine (Sunday) Foodie Garage Eatery 1091 University Ave. Class C Liquor (Sunday) Section 1. The City Clerk is hereby authorized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required documentation: Passed, approved, and adopted this 4th day of February 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 38-20 APPROVING APPLICATIONS FOR RETAIL CIGARETTE / TOBACCO SALES / NICO- TINE / VAPOR PERMITS, AS REQUIRED BY IOWA CODE 453A.47A 9 Whereas, applications for Cigarette/Tobacco Sales have been submitted and filed with the City Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City a nd the applicants have filed the proper fees and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Clerk is hereby authorized and directed to cause to be issued the following named applicants and locations for cigarette/tobacco sales permit. Business Name Business Address EZ Stop 1 1101 Rhomberg Ave. Passed, approved, and adopted this 4th day of February, 2020. Roy D Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 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 Shaw. Motion carried 7-0. 1. Vacate of Sanitary Sewer Utility Easement Over Silvia Property in Timber-Hyrst Es- tates #5: City Manager recommending that the City Council set a public hearing for Feb- ruary 17, 2020, to vacate a Sanitary Sewer Utility Easement across Part of Lot 64 in Timber-Hyrst Estates #5 owned by Lori E. and Brian A. Silvia. Upon motion the docu- ments were received and filed, and Resolution No. 39-20 Resolution of Intent to vacate and dispose of City Interest in a Sanitary Sewer Utility Easement over and across Lot 64 in Timber-Hyrst Estate #5 in the City of Dubuque, Iowa was adopted setting a public hearing for a meeting to commence at 6:00 p.m. on February 17, 2020 in the Historic Federal Building. RESOLUTION NO. 39-20 RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN A SAN- ITARY SEWER UTILITY EASEMENT OVER AND ACROSS LOT 64 IN TIMBER- HYRST ESTATES # 5, IN THE CITY OF DUBUQUE, IOWA Whereas, Lori E. and Brian A. Silvia (Property Owners) are the current owners of Lot 63 and 64 in Timber-Hyrst Estates # 5, in the City of Dubuque, Dubuque County, Iowa; and Whereas, an Easement for Sanitary Sewer Utility was platted over a portion of said Lot 64 on the Final Plat of Timber Hyrst Estates # 5 and was accepted by the City of Dubuque according to Instrument No. 2017-00004751 and recorded in the office of the Dubuque County Recorder; and Whereas, the Property Owners are planning to construct a single -family dwelling across the common property line between Lots 63 and 64 in Timber -Hyrst Estates # 5; and 10 Whereas, said proposed dwelling location encroaches on said easemen t and a public sanitary sewer main on said Lot 64; and Whereas, the Property Owners have relocated the public sanitary sewer main in order to accommodate the proposed home location; and Whereas, the Property Owners have granted an Easement for Sanitary Sew er Utility to the City of Dubuque for the relocated public sanitary sewer main per Instrument No. 2019-00016156 recorded in the office of the Dubuque County Recorder; and Whereas, the City of Dubuque will own and maintain the relocated public sanitary sewer utility according to the Sanitary Sewer Construction Agreement between Property Owner and City of Dubuque; and Whereas, the City of Dubuque is now responsible for vacating the former sanitary sewer utility easement area through said Lot 64. OW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City of Dubuque, intends to vacate and dispose of its interest in the sanitary sewer utility easement across a portion of Lot 64 in Timber -Hyrst Estates # 5 in the City of Dubuque, Iowa, as shown on the Final Plat for Timber -Hyrst Estates # 5, In- strument No. 2017-00004751, and as shown on the attached Exhibit A. Section 2. A public hearing on the intent to vacate and dispose of City interest in the sanitary sewer utility easement across portions of Lot 64 in Timber-Hyrst Estates # 5 in the City of Dubuque, Iowa, is hereby set for the 17th day of February 2020, at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa, beginning at 6:00 p.m., and the City Clerk be and is hereby authorized and directed to cause a notice of public hearing on the intent to vacate and dispose of said interest to be published in the manner as prescribed by law. Passed, approved and adopted this 4th day of February 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 2. North Cascade Road Reconstruction Project Phase 1 - Bridge over Catfish Creek to Edval Lane: City Manager recommending initiation of the public bidding procedure through the Iowa Department of Transportation for the North Cascade Road Reconstruc- tion Project – Phase 1 – Bridge Over Catfish Creek to Edval Lane, and further recom- mends that a public hearing be set for February 17, 2020. Upon motion the documents were received and filed, and Resolution No. 40-20 Preliminary approval of plans, specifi- cations, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost was adopted setting a public hearing for a meeting to commence at 6:00 p.m. on February 17, 2020 in the Historic Federal Building. RESOLUTION NO. 40-20 NORTH CASCADE ROAD RECONSTRUCTION PROJECT PHASE 1 – BRIDGE OVER CATFISH CREEK TO EDVAL LANE IOWA DOT PROJECT NO. STBG-SWAP-2100 (669)--SG-31 11 PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPEC- IFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The proposed plans, specifications, form of contract and estimated cost for the North Cascade Road Reconstruction Project, Phase 1 from the bridge over Catfish Creek to Edval Lane, Iowa DOT Project No. STBG-SWAP-2100 (669)--SG-31, in the es- timated amount $2,588,000, are hereb y preliminarily approved and ordered filed in the office of the City Clerk for public inspection. Section 2. A public hearing will be held on the 17th day of February 2020, at 6:00 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa, at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. Passed, approved and adopted this 4th day of February 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 3. Viking River Cruises Riverfront Docking Agreement: City Manager recommending that the City Council set a public hearing for February 17, 2020, on the proposed 20 -year Viking River Cruises Riverfront Docking Agreement and the associated expansion of the Port of Dubuque Riverfront Docking facilities. Upon motion the documents were received and filed, and Resolution No. 41-20 Setting date of public hearing on the Viking USA, LLC - Riverfront Docking Agreement was adopted setting a public hearing for a meeting to commence at 6:00 p.m. on February 17, 2020 in the Historic Federal Building. RESOLUTION NO. 41-20 VIKING USA, LLC – RIVERFRONT DOCKING AGREEMENT PORT OF DUBUQUE RIVERFRONT DOCKAGE EXPANSION SETTING DATE OF PUBLIC HEARING ON THE VIKING USA, LLC – RIVERFRONT DOCKING AGREEMENT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The proposed Riverfront Docking Agreement with Viking River Cruises (Vi- king USA, LLC) are hereby ordered filed in the office of the City Clerk for public review and comment. Section 2. A public hearing will be held on the 17th day of February 2020, at 6:00 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa, at which time interested persons may appear and be heard for or against the proposed Riverfront Docking Agreement with Viking USA, LLC, and the City Clerk be 12 and is hereby directed to cause the attached notice of the time and pla ce of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested p erson may appear and file approval of or objections to the proposed Riverfront Docking Agreement with Viking USA, LLC. Passed, approved and adopted this 4th day of February 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 4. Amending the Radford Road Urban Revitalization Area Plan : City Manager recom- mending the City Council set a public hearing for February 17, 2020, on the Amended Radford Road Urban Revitalization Plan. Upon motion the documents were received and filed, and a public hearing be set for a meeting to commence at 6:00 p.m. on February 17, 2020 in the Historic Federal Building. BOARDS/COMMISSIONS Applications were reviewed for the following Boards and Commissions. Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions. 1. Zoning Advisory Commission: One, 3-Year term through July 1, 2020 (Expired term of Norton). Applicant: Pat Norton, 920 Valentine Dr. Council Member Jones acknowl- edged correspondence received from Mr. Norton expressing his desire to serve on this commission. Appointments were made to the following Boards/Commissions. 2. Catfish Creek Watershed Management Authority: One, 4-Year term through July 16, 2020 (Vacant term of Patten). Applicant: Jared McGovern, 360 South Grandview Ave. Motion by Shaw to appoint Mr. McGovern to the remainder of a 4-year term through July 16, 2020. Seconded by Roussell. Motion carried 7-0. 3. Community Development Advisory Commission: Three 3-Year terms through Feb- ruary 15, 2023. (Expiring At-Large term of Dalton, Expiring LMI-area term of Hammel, Vacant LMI-area term of Burley); Applicants: Hilary Dalton, 1629 Washington St. (Quali- fies for At-Large and LMI Area Rep.); Kelly Fox, 838 Althauser St. (Qualifies for At-Large and LMI Area Rep.); Gerald Hammel, 1225 Rhomberg Ave. (Qualifies for At -Large and LMI Area Rep.). Motion by Shaw to appoint Ms. Dalton, Ms. Fox, and Mr. Hammel to e - year terms through February 15, 2023. Seconded by Cavanagh. Motion carried 7-0. 4. Housing Commission: One, 3-Year term through August 17, 2021 (Vacant term of Cavanagh). Applicant: Hilary Dalton, 1629 Washington St. Motion by Cavanagh to ap- point Ms. Dalton to the remainder of a 3-year through August 17, 2021. Seconded by Sprank. Motion carried 7-0. 13 5. Human Rights Commission: Three, 3-Year terms through January 1, 2023. (Expiring Term of Jackson and Vacant terms of Muenster and Schiesl). One, 3-Year term through January 1, 2022. (Vacant term of Parks); Applicants: Michael Durnin, 3560 Pennsylvania Ave.; Mallory Gardiner, 1450 Alta Vista St. Loras College Mail #480 additional applicant; Miquel Jackson, 1461 Jackson St.; Ashley Regan, 1265 Thomas Pl. additional applicant. Upon roll-call vote, Mr. Durnin (7-0), Ms. Gardiner (6-0), and Mr. Jackson (7-0) were appointed to 3-year terms through January 2, 2023. Ms. Regan received 1 vote from Council Member Resnick. Motion by Resnick to appoint Ashley Regan to the remainder of a 3-year term through January 1, 2020. Seconded by Shaw. Motion carried 7-0. PUBLIC HEARINGS 1. Intent to Dispose of Property at 981 High Bluff Street: Proof of publication on notice of public hearing to consider disposing of City -owned real property located at 981 High Bluff Street to Bethany Home, and the City Manager recommending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 42-20 Disposing of City interest in real estate located at 981 High Bluff Street in the City of Dubuque, Iowa . Seconded by Shaw. Motion carried 7-0. RESOLUTION NO. 42-20 DISPOSING OF CITY INTEREST IN REAL ESTATE LOCATED AT 981 HIGH BLUFF STREET, IN THE CITY OF DUBUQUE, IOWA Whereas, the City Council, by Resolution No. 29-20 dated January 21, 2020, declared its intent to dispose of City interest in real property located at 981 High Bluff Street, legally described as: North 48.8 feet of the East half of Lot 37 in Hooper’s Addition to the City of Dubuque, Iowa, according to the recorded plat thereof; and Whereas, pursuant to published notice, a public hearing was held on the proposed disposition on February 4, 2020, at 6:00 p.m. in the Historic Federal Building, 350 W. 6 th Street, Dubuque, Iowa; and Whereas, Bethany Home has signed an offer to purchase; and Whereas, the City Council finds that it is in the best interest of the City to approve the disposition of such interest in the Property to Bethany Home. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves the disposition of the City’s in- terest in the following legally described property: North 48.8 feet of the East half of Lot 37 in Hooper’s Addition to the City of Dubuque, Iowa, according to the recorded plat thereof. Section 2. That the Mayor is hereby authorized and directed to provide a Special War- ranty Deed to the buyer, conveying the City’s interest to Bethany Home for the herein - described real estate. Section 3. That the City Clerk is hereby authorized and directed to cause said Special Warranty Deed to be recorded in the Office of the Dubuque County Recorder. 14 Passed, approved and adopted this 4th day of February 2020. Roy D. Buol, Mayor Attest: Kevin Firnstahl, City Clerk PUBLIC INPUT Addressing the City Council about the forthcoming Action Item #8, Tom Loguidice, 786 Stoneridge Pl.; Lynn Sutton, 849 Air Hill; Kathy Sutton, 1002 Clarke Crest; and Kevin Hudson, 741 3rd St., expressed concerns regarding the need for the Housing Choice Voucher program and using education and tax incentives to help tenants and landlords; consideration of an ordinance requiring landlords to accept Housing Choice Vouchers without bias toward sources of income; and continuing to work toward overcoming ineq- uities related to affordable, fair and safe housing. Jerry Maro, 10366 Timothy St., and President of the Dubuque Landlords Association, addressed the forthcoming Action Items #8 & #9 by stating that other options should be tried ahead of establishing a source of income ordinance, landlords need the freedom of choice, that time and a rebranding of the HCV program and his confidence in Housing and Community Development Director Alexis Steger sho uld work. ACTION ITEMS 1. Grand River Center Annual Report 2019: Mitzi Yordy, Manager of the Grand River Center, will make a presentation to the City Council for the Center's 2019 Annual Report and update of activities in the current fiscal year, as well as plans for the future. Motion by Jones to receive and file the information and view the presentation. Seconded by Res- nick. Topics included: Purpose statement; 2019 Outcomes; promotional strategy; social media results; 2018 and 2019 numbers of and types of groups hosted; annual market segment and 2020 forecast; sustainability efforts; partnerships; capital improvements; and contact information and modes. Motion carried 7-0. 2. Awarding the North Cascade Road Water Main Extension - Creek Crossing Project: City Manager recommending award of the North Cascade Road Water Main Extension - Creek Crossing Project construction contract to the low bidder McDermott Excavating. Motion by Jones to receive and file the documents and adopt Resolution No. 43-20 Awarding Public Improvement Contract for the North Cascade Road Water Main Exten- sion Creek Crossing Project. Seconded by Cavanagh. Motion carried 7-0. RESOLUTION NO. 43-20 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE NORTH CASCADE ROAD WATER MAIN EXTENSION CREEK CROSSING PROJECT Whereas, sealed proposals have been submitted by contractors for the North Cascade Road Water Main Extension - Creek Crossing Project, (the Project) pursuant to Resolu- tion No. 13-20 and Notice to Bidders published on the City of Dubuque, Iowa website and plan room service with statewide circulation on the 10th day of January 2020; and 15 Whereas, said sealed proposals were opened and read on the 28 th day of January 2020 and it has been determined that McDermott Excavating of Du buque, Iowa, in the bid amount of $239,886.45, is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: A Public Improvement Contract for the Project is hereby awarded to McDermott Exca- vating and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. Passed, adopted and approved this 4th day of February 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 3. Federal Legislative Priorities: City Manager recommending adoption of the 2020 Federal Legislative Priorities for the City of Dubuque. Motion by Shaw to receive and file the documents and approve the recommendation. Seconded by Re snick. Motion carried 7-0. 4. Code of Ordinances Amendment - Title 10 Sidewalk Cafés: City Manager recom- mending approval of an amendment to Title 10 Chapter 3 Article E Sidewalk Café to allow establishments to serve food and/or drink to patrons within a s idewalk café with a valid food and/or drink permit. 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 Shaw. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 6-20 Amending City of Dubuque Code of Ordinances Title 10 Public Ways and Property, Chapter 3 En- croachments on Public Places, Article E Sidewalk Cafes, Sections 10-3E-1 Definition, 10- 3E-2 Authorization, 10-3E-3 Permit Requirements; Fee, 10-3E-5 Days and Hours of Op- eration, and 10-3E-7 Operation. Seconded by Shaw. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 6-20 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 10 PUBLIC WAYS AND PROPERTY, CHAPTER 3 ENCROACHMENTS ON PUBLIC PLACES, ARTICLE E SIDEWALK CAFES, SECTIONS 10-3E-1 DEFINITION, 10-3E-2 AUTHORIZATION, 10-3E-3 PERMIT REQUIREMENTS; FEE, 10-3E-5 DAYS AND HOURS OF OPERA- TION, AND 10-3E-7 OPERATION NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 10-3E-1 of the City of Dubuque Code of Ordinances is amended to read as follows: 10-3E-1: DEFINITION: "Sidewalk cafe" shall mean a group of tables, chairs, barriers or partitions, and trash containers maintained upon part of the public right of way next to a storefront used by an establishment with a valid food and drink permit for the sale to the public of food, refresh- ments and/or beverages of all kinds. 16 Section 2. Section 10-3E-2 of the City of Dubuque Code of Ordinances is amended to read as follows: 10-3E-2: AUTHORIZATION: A. A sidewalk cafe in the public right of way may be operated only as set forth in this article. B. A sidewalk cafe in the public right of way shall be permitted where sidewalk cafes are allowed, provided that restaurants are listed as a permitted or accessory use in the zoning district where they are located. C. The sidewalk cafe area must be contiguous with a side of a building wherein a restaurant, retail business, and/or food service establishment is located. D. Only restaurants or retail businesses where more than fifty percent (50%) of the business conducted on the premises is the sale or dispensing of food, drink, or retail items may request permission to operate a sidewalk cafe. The phrase "busi- ness conducted on the premises" shall mean the total business revenue gener- ated on the premises during the previous calendar year. Section 3. Section 10-3E-3 of the City of Dubuque Code of Ordinances is amended to read as follows: 10-3E-3: PERMIT REQUIREMENTS; FEE: A. Permit Required; Application; Fee: No establishment owner shall operate a side- walk cafe in the public right of way without a permit therefor. The restaurant owner shall file an application with the city manager on a form provided by the city man- ager. The owner shall agree to abide by all state and local laws governing use of the public right of way. The application for a new permit shall include the location of all trees, poles, benches, grating and other amenities or obstructions in the right of way, and the location of any proposed furniture or equipment. The appli- cation shall be accompanied by a photograph or detailed renderings of the side- walk cafe area and all proposed tables, chairs, barriers or other furniture or equip- ment. The applicant shall pay a fee established by the city manager. The permit shall be for one 12-month period from the date of issuance of the permit. B. Revocation Of Permit; Notice; Causes: The city manager may revoke a sidewalk cafe permit upon written notice to the establishment owner for a violation of the conditions of the permit and after a reasonable opportunity for the establishment owner to remedy the violation has expired. Grounds for termination of the permit include but are not limited to: 1) a violation of state liquor control laws; 2) a viola- tion of this code including this article; or 3) the creation of a safety hazard, health hazard or public nuisance. The city manager may also terminate the permit if the city manager determines there is a substantial and reasonable need for use of the public right of way where the sidewalk cafe area is located for a valid public purpose. C. Certificate Of Insurance: The restaurant owner shall provide a certificate of insur- ance with coverage satisfactory to the city manager and shall agree to hold the city, its officers and employees harmless from and against any and all claims of any kind arising out of the use of the public right of way. Section 4. Section 10-3E-5 of the City of Dubuque Code of Ordinances is amended to read as follows: 10-3E-5: DAYS AND HOURS OF OPERATION: 17 A. A sidewalk cafe may be operated any time of the year. B. A sidewalk cafe shall be set up and operated each day only between the hours of seven o'clock (7:00) a.m. and ten o'clock (10:00) p.m. Sunday through Thurs- day and seven o'clock (7:00) a.m. and twelve o'clock (12:00) midnight Friday and Saturday. The sidewalk cafe area shall be restored to and maintained as a normal pedestrian way at all other times. C. Food and/or beverages shall be available for service to patrons in a sidewalk cafe area during all hours of operation of the sidewalk cafe. Sidewalk cafes shall not operate when the restaurant kitchen is closed. Section 5. Section 10-3E-7 of the City of Dubuque Code of Ordinances is amended to read as follows: 10-3E-7: OPERATION: A. Right to Limit Number of Cafe Areas: The city manager shall have the right in the city manager's discretion to limit the number of sidewalk cafe areas. B. Advertising: Advertising shall not be permitted in the sidewalk cafe area except for the name of the establishment, which may be placed on chairs, tables, um- brellas or other amenities, as approved by the city manager. The amenities used in the sidewalk cafe area shall at all times be maintained in good condition. C. Blocking Building Entrances or Exits: No building entrances or exits shall be blocked in a sidewalk cafe area. D. Obstructing Pedestrian Right of Way: The operation of the sidewalk cafe shall not obstruct the pedestrian right of way adjacent to the sidewalk cafe area. No side- walk cafe furniture or barricade shall be p laced closer than four feet (4') to a street, light pole, meter pole or other infrastructure so as to create an unob- structed route of less than four feet (4') in width. The sidewalk cafe shall be en- closed by a barricade not less than thirty inches (30") high and not more than forty inches (40") high. A sidewalk cafe shall remain within the approved bound- aries of the sidewalk cafe area as shown on the establishment owner's applica- tion. E. Restroom Capacity: The city manager may require additional restroom capacity for a restaurant with a sidewalk cafe to comply with building and housing require- ments in this code. F. Occupancy Limits: Occupancy limits for a sidewalk cafe area shall be determined as set forth in criteria for outdoor service of alcoholic beverages on public rights of way. G. Parking: The establishment owner shall not be required to provide additional parking for the operation of a sidewalk cafe. H. Inspection: A sidewalk cafe area shall be subject to inspection at any time in the discretion of the city manager. I. Serving Food and Alcoholic Beverages; Employee to Monitor: A sidewalk cafe serving food or alcoholic beverages shall have an employee monitoring the area at all times when alcohol is being consumed. Service of food and/or alcohol bev- erages in a sidewalk cafe area shall be limited to persons seated at tables in the sidewalk cafe area. J. Trash and Litter Removal: The restaurant owner shall be responsible for trash removal and shall maintain the area and the area within five feet (5') of th e 18 sidewalk cafe area in a clean and litter free manner during all hours of operation. The restaurant owner shall restore the area and the area within five feet (5') of the sidewalk cafe area to its normal condition as a pedestrian way, free of litter after operation of the sidewalk cafe each day. K. Port of Dubuque PUD: No permit shall be issued for a sidewalk cafe area in the Port of Dubuque PUD district unless such area complies with the Ice Harbor ur- ban renewal district design standards. L. Access to Utilities: The establishment owner shall not in any way interfere with access to public or city utilities located and/or operated within the public right of way. M. Conformance with Federal, State and Local Laws: The operation of a sidewalk cafe shall conform to all applicable federal, state, and local laws and regulations. Section 6. This ordinance shall take effect upon publication. Passed, approved, and adopted this 4th day of February 2019. /s/Roy D. Buol, Mayor /s/Attest: Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 7th day of February 2020. /s/Kevin S. Firnstahl, City Clerk 5. Major League Baseball (MLB) Field of Dreams Game - Letter of Agreement: City Manager transmitting the signed Letter of Agreement between MLB Entities and the City of Dubuque related to the August 13, 2020 Major League Baseball Game at the Field of Dreams in Dyersville. Motion by Jones to receive and file the documents and approve the Letter of Agreement. Seconded by Cavanagh. Motion carried 7-0. 6. 28E Partnership Outline for Mines of Spain Recreation Area and E.B. Lyons Inter- pretive Center: City Manager providing an update on the progress to provide additional staffing at the E.B. Lyons Interpretive Center at the Mines of Spain. Motion by Roussell to receive and file the documents. Seconded by Jones. Responding to questions from the City Council, City Attorney Brumwell described the difference between a 28E-type of doc- ument and other agreements or contracts. She stated that Int ergovernmental-agency agreements, named for Chapter 28E Code of Iowa, create separate entities that have more authority and financial powers. Motion carried 7 -0. 7. Community Development Block Grant 5-Year Consolidated Plan Review: City Man- ager transmitting the City of Dubuque Community Development Block Grant 5-Year Con- solidated Plan (2021-2025) that includes the Fiscal Year 2021 Annual Action Plan for the use of Community Development Block Grant funds. The City Council will be asked to approve the Consolidated Plan and Annual Action Plan at the February 26, 2020 public hearing. Motion by Cavanagh to receive and file the documents. Seconded by Resnick. Motion carried 7-0. Housing and Community Development Director Alexis Steger pro- vided a summary of the Plan and responded to questions from the City Council regarding the availability and future needs of affordable housing, barriers to development, and time- lines for developments already underway. 19 8. Analysis of Impediments to Fair Housing: City Manager transmitting the Analysis of Impediments to Fair Housing. The City Council will be asked to adopt this analysis as part of the Community Development Block Grant Consolidated Plan on February 26. Motion by Resnick to receive and file the documents. Seconded by Jones. Motion carried 7 -0. Housing and Community Development Director Alexis Steger provided a verbal report on the information gathered from public input and consultants regarding the goals for ad- dressing barriers to fair housing and the recommendation noted in the Analysis. Ms. Steger noted that while there is much to continue to look at, the education component previously requested by Council has been implemented and more information will be forthcoming for Council to consider at their 2020 Strategic Planning Session. Ms. Steger also addressed questions regarding HUD program requirements, branding of the Housing Choice Voucher program, advertising by landlords who do not accept HCV, project s that receive government funding must accept HCV, more research on a Source of Income ordinance, and compiling client information on renters and/or prospective renters experi- ence barriers to finding housing or losing housing and not reporting them. 9. Source of Income Annual Report and Recommendations: City Manager recom- mending approval of the 2019 Source of Income Annual Report. Motion by Jones to re- ceive and file the documents. Seconded by Resnick. Housing and Community Develop- ment Director Alexis Steger provided a brief presentation intended to bring Council Mem- bers-elect up to date on the topic. Highlights included: Rental Assistance Programs; Im- pact of 2019 Housing Choice Voucher Program (HCV); source of income ordinance re- view; recommendations; actions; performance measurements; re-branding Housing Choice Vouchers; data highlights / Voucher Lease -Up; assisted units by Census Tract, location, school district; affordable unit creation 2014-2019; relevant date still needed; staff recommendations. Ms. Steger responded to questions from the City Council regard- ing many aspects of the report. Following discussion, the City Council reached consensus on requesting staff to compile client and landlord data about issues created when Housing Choice Vouchers are issued mid-lease and using the data or a future discussion on a Source of Income ordinance. 10. Budget and Fiscal Policy Guidelines for Fiscal Year 2021 : City Manager recom- mending adoption of the Fiscal Year 2021 Budget Policy Guidelines. Motion by Jones to receive and file the documents and approve the recommendation. Seconded by Cavanagh. City Manager Van Milligen the new requirements for the FY202 1 budget re- porting requirements imposed by the State Legislature and the impact they will have on the City Council’s budget discussions. Motion carried 7-0. 11. Set Public Hearing for Resolution Establishing Maximum Property Tax Dollars for Fiscal Year 2021: City Manager recommending the Fiscal Year 2021 Resolution Estab- lishing Maximum Property Tax Dollars be set for public hearing on February 17, 2020. Motion by Jones to receive and file the documents and adopt Resolution No. 44-20 Set- ting a public hearing on the Fiscal Year 2021 maximum property tax dollars for the af- fected tax levy total. Seconded by Shaw. City Manager Van Milligen reiterated the new State requirements for the FY2020 budget process and described the City Assessor’s duty in adjusting property values. Motion carried 7-0. 20 RESOLUTION NO. 44-20 SETTING A PUBLIC HEARING ON THE FISCAL YEAR 2021 MAXIMUM PROPERTY TAX DOLLARS FOR THE AFFECTED TAX LEVY TOTAL Whereas, pursuant to State of Iowa SF634, the City of Dubuque is required to hold a public hearing to consider the proposed Fiscal Year 2021 city maximum property tax dol- lars for the affected levy total; and Whereas, the notice of hearing must be published not less than 10 days and not more than 20 days prior to the date of the hearing; and Whereas, at said hearing, the City Council is required to pass a resolution adopting the fiscal year maximum property tax dollars for the affected levy total. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The Dubuque City Council will conduct a public hearing on February 17, 2020 at 6:00 p.m. in the Historic Federal Building. Section 2. The Director of Finance and Budget is hereby directed to prepare a Reso- lution of Maximum Property Tax Dollars for the Affected Tax Levy Total with the required information pursuant to SF634. Section 3. The City Clerk is hereby directed to publish the notice of public hearing pursuant to SF634. Passed, adopted and approved this 4th day of February 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk COUNCIL MEMBER REPORTS Council Member Shaw requested future discussion relative to financial support or as- sistance to the tenants of Table Mound Mobile Home Park who are facing eviction due to the predatory action of the property owners. City Attorney Brumwell stated that she would need to research what options, if any, would be available through the State Code. Fol- lowing discussion, the City Council reached consensus on having the issue brought to a future Council meeting for discussion or action. There being no further business, Mayor Buol declared the meeting a djourned at 9:16 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk