9 17 12 Regular Session_Clerk's Skeleton Notes and Meeting CallTO: Kevin S. Firnstahl, City Clerk
You are hereby directed to call a Regular Session of the City Council to be
held on Monday, September 17, 2012, at 6:30 PM in the Historic Federal Building
for the purpose of conducting such business that may properly come before the
City Council.
Li
oy D. Buol, Mayor
Consent Items: Pages 1 -7
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:30 p.m. on September 17,
2012 in the Historic Fede,ral Building, 350 W. 6th Street.
Present: Mayor Buol; Council Member ConrKiVrs, Jor4‘, Re ick, Si4tton; City
V(/lanager Van Milligen, City Attorney Lyn51 hl
Absent: Council Members Brig and Lynch
Mayor Buol read the call and stated this is a special session of the City Council called
for the purpose of conducting such business that may properly come before the City
Council.
PLEDGE OF ALLEGIANCE
MOMENT OF SILENCE 1
Presentation of the Colors by the DubuqueeHonor Guard
in honor of the 175th Anniversary of the Dubuque Police Department
PROCLAMATION(S)
Dubuque Polic De artment 175th Anniv r ary Week (September 23 -29, 2012)
�y Gam,
Day of Peace (September 21, 2012) AOhitt 12j
Kiwanis Peanut Days (September 28 & 29, 2012) Alin i/y,,, S
� � / 4) 1 //
CONSENT ITEMS
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1. Minutes and Reports Submitted
City Council proceedings of 8/27, 8/28, and 9/4, Civil Service Commission of 8/27 and
9/6, Community Development Advisory Commission of 9/5, Historic Preservation Task
Force of 9/5, Housing Trust Fund Advisory Committee of 9/4, Human Rights
Commission of 8/13, Park and Recreation Commission of 8/14, Zoning Advisory
Commission of 9/5, Zoning Board of Adjustment of 8/23, Proof of Publication for City
Council proceedings of 8/20
Suggested Disposition: Receive and File
2. Notice of Claims and Suits
Nicole Haverland for vehicle damage, Gary Pitzen for vehicle damage, Christine
Putnam for personal injury.
Suggested Disposition: Receive and File; Refer to City Attorney
3. Disposition of Claims
City Attorney advising that the following claims have been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Communities Assurance Pool: Nicole
Haverland for vehicle damage, Gary Pitzen for vehicle damage.
Suggested Disposition: Receive and File; Concur
4. Government Finance Officers Association (GFOA)
City Manager advising that the Government Finance Officers Association (GFOA) has
awarded the City a Certificate of Achievement for Excellence in Financial Reporting for
the 2011 Certified Annual Financial Report (CAFR).
Suggested Disposition: Receive and File
5. Community Development Block Grant Recovery (CDBG -R)
City Manager recommending authorization for the Mayor to sign documents to close out
the Community Development Block Grant Recovery (CDBG -R) associated with the
American Recovery and Reinvestment Act of 2009.
RESOLUTION ' Authorizing execution of a Community Development Block
Grant Recovery (CIDBG -R) Grant Closeout Agreement with the U.S. Department of
Housing and Urban Development
Suggested Disposition: Receive and File; Adopt Resolution(s)
6. Consolidated Annual Performance and Evaluation Report (CAPER)
City Manager recommending submission of the Consolidated Annual Performance and
Evaluation Report (CAPER) to the U.S. Department of Housing and Urban
Development Department (HUD) for the period of July 1, 2011 through June 30, 2012.
RESOLUTION %c Authorizing the submission of a Consolidated Annual
Performance and Evaluation Report (CAPER) for the period commencing July 1, 2011
and concluding June 30, 2012.
Suggested Disposition: Receive and File; Adopt Resolution
7. Iowa Finance Authority - Housing Trust Fund Application
City Manager recommending submittal of a grant request to the Iowa Finance Authority
to support home ownership activities in the Washington Neighborhood and to commit
the matching funds.
RESOLUTION °2 Yb Approving commitment of matching funds for an
application to the Iowa Finance Authority (IFA) for state housing trust funds.
Suggested Disposition: Receive and File; Adopt Resolution(s)
8. City Council Goals and Priorities 2012 -2014
Submission of the 2012 -2014 City Council goals and priorities from the August 27 and
28, 2012 City Council Goal Setting Session.
Suggested Disposition: Receive and File
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9. Housing Trust Fund Advisory Committee
Correspondence from the Housing Commission requesting approval for Commissioners
Amy Eudaley and Jim Holz to be appointed as the Commission's representatives on the
Housing Trust Fund Advisory Committee.
Suggested Disposition: Receive and File; Approve
10. Childhood Lead Poisoning Prevention Programs
City Manager recommending approval of a contract with the Dubuque County Board of
Health and the Iowa Department of Public Health for continued funding of the Childhood
Lead Poisoning Prevention Program (CLPPP) and a renewed agreement with the
Visiting Nurse Association for services related to the CLPPP and Healthy Homes
Program.
Suggested Disposition: Receive and File; Approve
11. Housing and Community Development Director - Limited Account
Authorization
City Manager recommending that Housing and Community Development Department
Director Alvin Nash be granted authority to sign checks for specialized City of Dubuque
bank accounts.
RESOLUTION Authorizing certain designated employees of the City of
Dubuque authorization o execute checks on behalf of the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution(s)
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12. Housing Enterprise Zone Program Agreement - Wilmac Property Company
City Manager recommending approval of a Housing Enterprise Zone Program
Agreement by and among the Iowa Economic Development Authority, the City of
Dubuque and Wilmac Property Company related to the redevelopment of the former
Betty Building located at 151 East 9th Street.
RESOLUTION < ' Approving a Housing Enterprise Zone Program Agreement
by and among the Iowa Economic Development Authority, the City of Dubuque and
Wilmac Property Company
Suggested Disposition: Receive and File; Adopt Resolution(s)
13. Plat of Survey - North Fork Trails #4
Zoning Advisory Commission recommending approval of the Plat of Survey of North
Fork Trails No. 4 (3400 Keymont Drive) subject to waiving the lot frontage requirements
for Lot 2.
RESOLUTION
the City of Dubuque, Iowa
Approving the Plat of Survey of North Fork Trails No. 4 in
Suggested Disposition: Receive and File; Adopt Resolution(s)
14. Final Plat - Harvest View Estates 11th Addition'
Zoning Advisory Commission recommending approval of of the Final Plat of Harvest
View Estates 11th Addition (Millstone Drive).
RESOLUTION ( Approving the Final Plat of Harvest View Estates 11th
Addition in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
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15. Department of Education - Smart Grid Data Access Grant
City Manager recommending acceptance of a Smart Grid Data Access Grant from the
U.S. Department of Energy for the Smarter Electricity Iowa Project.
Suggested Disposition: Receive and File; Approve
16. Volunteer Solutions Software - Memorandum of Agreement
City Manager recommending approval of a Memorandum of Agreement for agencies
who post their volunteer opportunities on -line using the City managed Volunteer
Solutions Software.
Suggested Disposition: Receive and File; Approve
17. Fire Hydrant Painting Program Phase I - Acceptance
City Manager recommending acceptance of the Phase I Fire Hydrant Painting Program
as completed by Ted Stackis Construction.
RESOLUTION Accepting Phase 1 of the fire Hydrant Painting Program
and authorizing the payment of the contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution(s)
18. Healthy Homes Demonstration Grant Program
Correspondence from the U.S. Department of Housing and Urban Development
advising that the City's Healthy Homes Demonstration Work Plan Program has received
an overall performance rating of 90 out of 100 and a Green designation.
Suggested Disposition: Receive and File
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19. Greater Dubuque Development Corporation (GDDC) - Annual Report 2011-
2012
Greater Dubuque Development Corporation President and CEO Rick Dickinson
submitting GDDC's 2011 -2012 Annual Report.
Suggested Disposition: Receive and File
20. Arbor Estates Phase 3 - Acceptance of Detention Facilities & Warranty Deed
City Manager recommending acceptance of the storm water detention facilities that the
developer, Kivlahan Farms, L.C., has recently completed in Arbor Estates - Phase 3,
and a warranty deed for the detention area and sanitary sewer lift station lot.
RESOLUTION
Phase 3
Accepting stormwater detention facilities in Arbor Estates
RESOLUTION Accepting a conveyance of property described as Lot 12 of
Block 9 and Lot 15 of the replat of Lot 15 in Block 7 all in Arbor Estates in the City of
Dubuque, Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
21. 2012 Sidewalk Assessment Program
City Manager recommending approval of a resolution establishing the final assessment
schedule for the 2012 Sidewalk Assessment Program.
RESOLUTION c'- 6 Adopting the final Schedule of Assessments for the 2012
Public Right -of -Way Sidewalk Repair Assessment Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
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22. 2012 Brick Manhole Replacement Project - Acceptance
City Manager recommending acceptance of the public improvements for the 2012 Brick
Manhole Replacement Project, Bid Package 1, as completed by Drew Cook & Sons.
RESOLUTION Accepting the 2012 Brick Manhole Replacement Project
and authorizing the payment of the contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution(s)
23. Mystique Casino Re- Roofing Request
City Manager recommending approval of Mystique Casino's request to re -roof the
original structure of the Mystique Casino.
Suggested Disposition: Receive and File; Approve
24. Dubuque County Safe Youth Coalition
Dubuque County Safe Youth Coalition submitting an informational packet regarding
drug and alcohol management and training in partnership with Helping Services of
Northeast Iowa and the State of Iowa Alcoholic Beverages Division.
Suggested Disposition: Receive and File; Refer to City Clerk
25. 11th Street Stair and Hand Railing Repair Project
City Manager recommending that the costs of the 11th Street Stair and Handrail Repair
Project be officially recorded in the minutes of the City Council.
Suggested Disposition: Receive and File; Make Matter of Record
26. City Utility Extensions to the Airport - Design Consultant Selection
City Manager recommending the selection of WHKS as the professional Design
Consultant to complete the design for the Utility Extensions to the Dubuque Regional
Airport.
Suggested Disposition: Receive and File; Approve
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27. Volunteer Generation Fund Grant Agreement
City Manager recommending approval of the Volunteer Generation Fund Grant
agreement.
Suggested Disposition: Receive and File; Approve
28. Improvement Contracts / Performance, Payment and Maintenance Bonds
Portzen Construction for the 5 Points Traffic Signal Reconstruction Project
Suggested Disposition: Receive and File; Approve
29. Signed Contracts
Iowa Department of Transportation Supplemental Agreements for Lighting and Primary
Road Maintenance and Water Pollution Control Plant Modifications for Marion
Construction Co., Change order No. 17.
Suggested Disposition: Receive and File
30. Alcohol License Applications
City Manager recommending approval of annual liquor, beer, and wine licenses as
submitted.
RESOLUTION 0 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 TO BE SET FOR PUBLIC HEARING
1. General Obligation Refunding Bonds 10/1/12
2. Port of Dubuque Watermain Extension Project 10/1/12
3. Request to Vacate - Peosta Street (Giese Companies) 10/1/12
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1. General Obligation Refunding Bonds
City Manager recommending that a public hearing be set for October 1, 2012, on the
proposition of selling not to exceed $950,000 in General Obligation Refunding Bonds.
RESOLUTION Fixing Date for a meeting on the proposition of the
issuance of not to exceed $950,000 General Obligation Refunding Bonds, Series
2012G, (for an Essential Corporate Purpose) of the City of Dubuque, Iowa, and
providing for publication of notice thereof
Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 10/1/12
2. Port of Dubuque Watermain Extension Project
City Manager recommending initiation of the public bidding procedure for the Port of
Dubuque Watermain Extension Project, and that a public hearing be set for October 1,
2012.
RESOLUTION Preliminary approval of plans, specifications, form of
contract, and estimated cost; setting date of public hearing on plans, specifications,
form of contract, and estimated cost; and ordering the advertisement for bids (Port of
Dubuque Watermain Extension Project).
Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 10/1/12
3. Request to Vacate - Peosta Street (Giese Companies)
City Manager recommending that a public hearing be set for October 1, 2012 to
consider a request by Giese Companies to vacate a portion of Peosta Street abutting
their property at 2125 Kerper Blvd.
RESOLUTION a063 Resolution of Intent to vacate and dispose of City interest
in a portion of Peosta Street to be known as Lot A of Giese Subdivision in the City of
Dubuque, Iowa
RESOLUTION 026-4 Approving Plat of Proposed Vacated Peosta Street
Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 10/1/12
BOARDS /COMMISSIONS
Applicant: Kirstin Pope, 5388 Park Place - Withdrawn for Residency Reasons
Appointments to be made at this meeting:
1. Cable Television Commission
One 3 -year term through July 1, 2015 (Vacant term of Herrig)
Applicant: Kathleen McMullen, 1308 Curtis Street
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2. Civic Center Commission
One 3 -year term through June 29, 20123 (Vacant term of Field)
Applicant: Kirstin Pope, 5388 Park Place - Withdrawn for Residency Reasons
3. Housing Commission
One 3 -year terms through August 17, 2014 (Vacant Term of Krey)
Applicant: Rick J. Baumhover, 601 Garfield Ave. #104
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4. Human Rights Commission
Two 3 -year terms through January 1, 2013 and January 1, 2015 (Vacant Terms of Krey
and Hansen)
Applicants:
Rick J. Baumhover, 601 Garfield Ave. #104;
Howard Lee III, 516 Lincoln Ave.;
This commission is subject to the State of Iowa Gender Balance Law.
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5. Zoning Advisory Commission
Two 3 -year terms through July 1, 2015 (Vacant terms of Hardie and Miller)
Applicants: Stephen Hardie, 62 Freemont Ave.; Charles Miller, 7010 Asbury Rd. This
commission is subject to the State of Iowa Gender Balance Law.
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PUBLIC HEARINGS
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SUSPEND THE RULES
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1. Vacate of Property - 2500 Kerper Blvd. (Key City Plating)
Proof of publication on notice of public hearing to consider vacating a portion of Kerper
Blvd. abutting property at 2500 Kerper Blvd. (Key City Plating) and the City Manager
recommending approval.
RESOLUTION �6" Vacating a portion of Kerper Boulevard abutting Lot 2 of
McGraw -Hill, Key City Plating Replat in the City of Dubuque, Iowa, at 2500 Kerper.
Boulevard
RESOLUTION 611 Disposing of City interest in Lot 2A of McGraw -Hill, Key
City Plating Replat in the City of Dubuque, Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
2. Fiscal Year 2013 First Budget Amendment
Proof of publication on notice of public hearing to consider approval of the Fiscal Year
2013 First Budget Amendment, which amends the Fiscal Year 2013 budget for City
Council actions since the beginning of the Fiscal Year, and the City Manager
recommending approval.
RESOLUTION Amending the current budget for Fiscal Year Ending June
30, 2013.
Suggested Disposition: Receive and File; Adopt Resolution(s)
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3. Grand River Center - Floor Settlement Remediation 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 Grand River Convention
Center Floor Settlement Remediation Project and the City Manager recommending
approval.
RESOLUTION Approval of plans, specifications, from of contract, and
estimated cost for the Grand River Center floor Settlement Remediation Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
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REINSTATE THE RULES
This action limits discussion to the City Council.
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ACTION ITEMS
1. Green Alley Permeable Pavers Supplemental Environmental Project (SEP) -
Project Award
City Manager recommending award of the contract for the SEP Green Alley Permeable
Pavers Project (between Jackson and Washington Streets from 16th to 17th; and
between Jackson and White Streets from 17th to 18th) to the low bidder, Drew Cook
and Sons Excavating.
RESOLUTION €2 Awarding public improvement contract for the SEP Green
Alley Permeable Pavers roject - Between Jackson & Washington Streets from 16th to
17th and between Jackson & White Streets from 17th to 18th
Suggested Disposition: Receive and File; Adopt Resolution(s)
2. ARC Transfer Center Phase I Project - Rejection of Bids
City Manager recommending rejection of all bids received for the construction of the
Area Residential Care Jule Transfer Center Phase I Project and recommends the
project go through value engineering ad redesign because all bids exceeded the
budget.
Suggested Disposition: Receive and File; Approve
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3. Code of Ordinances Amendment - Alcohol Violations
City Manager recommending that an ordinance amendment be adopted to refer all
contested alcohol violations to the Iowa Alcoholic Beverages Division.
ORDINANCE q9(2.Amending 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, Section 4 -2B -15 Suspension and Revocation Generally;
Grounds, Section 4 -2B -16 Suspension and Revocation; Specific Terms; and Section 4-
2B -17 Appeal and Hearing by Providing a Notice of Violation; Opportunity for Settlement
or Hearing with the Iowa Alcoholic Beverages Division
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
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Final Reading and Adopt
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4. Code Ordinances Amendment - Parking Violations and Fines
City Manager recommending approval to amend City Ordinance 9 -14- 321.621: Parking
Violations; Fines: to include language allowing the City Manager to waive fines on
vehicles ticketed while the owner was involved in providing emergency response
services to the City.
ORDINANCE P Amending City of Dubuque Code of Ordinances Title 9
Motor Vehicles and Traffic, Chapter 14 Parking, Section 9 -14- 321.621 Parking
Violations; Fines by adding a provision which allows the City Manager to waive parking
violation fines for emergency responders
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
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Final Reading and Adopt
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5. Code of Ordinances Amendment - Road Work Zones
City Manager recommending approval to amend City Ordinance 9 -1 -321.1 to provide a
definition of a Road Work Zone to mirror the State Code and approve an amendment to
9 -16- 321.1003 to detail the fine schedule for violations in Road Work Zones.
ORDINANCE Amending City of Dubuque Code of Ordinances Title 9
Motor Vehicles and raffic, Chapter 1 General Provisions, Section 9 -1 -321.1 Definitions
by adding a definition for Road Work Zones and Chapter 16 Miscellaneous City
Provisions, Division 3 Administration by adding a new provision relating to Road Work
Zones
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
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Final Reading and Adopt
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6. Code of Ordinances Amendments - Utility Billing Assessments
City Manager recommending ordinance amendments that will streamline the process to
certify unpaid rates and charges to the County Treasurer by assigning the responsibility
to the Finance Director.
RESOLUTION Delegating authority to the Finance Director -City Treasurer
to prepare. Schedule of Assessments for delinquent water, sewer, refuse and
stormwater accounts and to certify the Schedule of Assessments to the County
Treasurer and to publish notice thereof
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ORDINANCE Amending City of Dubuque Code of Ordinances Title 1
Administration, Chapter 7 City Officers and Employees, Section 7 Finance Director -City
Treasurer Authorizing the Finance Director -City Treasurer to certify delinquent utility
billing charges to the County Treasurer
ORDINANCE Amending City of Dubuque Code of Ordinances Title 13
Public Utilities, Chapter 1 Water Use and Service, Article C Rates, Section 4 Payment
of Bills Providing the Procedure for Delinquent Water Service Charges, Establishing a
Lien for Nonpayment of such charges, and authorizing the Finance Director -City
Treasurer to certify suc delinquent charges to the County Treasurer
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ORDINANCE Amending City of Dubuque Code of Ordinances Title 13
Public Utilities, Chap er 2 Sewers and Sewage Disposal, Article C Rates, Section 13-
2C-5 Lien for Failure to Pay by providing the procedure for delinquent sewers and
sewage disposal charges, establishing a lien for nonpayment of such charges, and
authorizing the Finance Director -City Treasurer to certify such delinquent charges to the
County Treasurer
ORDINANCE Amending City of Dubuque Code of Ordinances Title 13
Public Utilities, Chapter 4 Stormwater Management, Section 11 Billing, Delinquent
Accounts and Collection Procedures providing the procedure for delinquent stormwater
management charges, establishing a lien for nonpayment of such charges, and
authorizing the Finance Director -City Treasurer to certify such delinquent charges to the
County Treasurer
ORDINANCE (% Amending City of Dubuque Code of Ordinances Title 13
Public Utilities, Chapter 6 Solid Waste, Article A City or Private Collection Service,
Section 13 -6A -7 Charges; Billing and Collection by providing the procedure for
delinquent solid waste charges, establishing a lien for nonpayment of such charges, and
authorizing the Finance Director -City Treasurer to certify such delinquent charges to the
County Treasurer
Suggested Disposition: Receive and File; Adopt Resolution(s), Motion B, Motion A
7e
Suspend the Readings
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Final Reading and Adopt
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7. Eagle Point Energy - 1, LLC
City Manager recommending an amendment to the Eagle Point Energy - 1, LLC License
Agreement for the solar power cells on the Municipal Services Building.
RESOLUTION = Approval of an amendment to the License Agreement
regarding solar photovoltaic equipment between the City of Dubuque, Iowa and Eagle
Point Energy - 1, LLC
Suggested Disposition: Receive and File; Adopt Resolution(s)
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8. Bee Branch Creek Restoratio p sect Service Agreement with Railroad �g�1
City Manager recommending a Servic greement between Dakota, Minnesota, & /
Eastern Railroad Corporation, a corporation doing business as Canadian Pacific (CP),
and the City of Dubuque relating to the design of the proposed railroad bridge to be
constructed as part of the Bee Branch Creek Restoration Project.
RESOLUTION e.;:,94"--- Authorizing the Service Agreement made and entered into
by and between the City Of Dubuque, Iowa and Dakota, Minnesota & Eastern Railroad
Corporation, doing business as Canadian Pacific
Suggested Disposition: Receive and File; Adopt Resolution
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COUNCIL MEMBER REPORTS
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PUBLIC INPUT
CLOSE ESSION
Pending Litigation and Property Acquisiti - hapter 21.5(1)(c)(j) Code of Iowa
Motion at
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Motion at
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to convene in open session.
ADJOURNMENT
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