2 18 13 Clerk's Skeleton Notes and Meeting CallsTO: Kevin S. Firnstahl, City Clerk
You are hereby directed to call a Regular Session of the City Council to be
held on Monday, February 18, 2013, at 6:30 PM in the Historic Federal Building
for the purpose of conducting such business that may properly come before the
City Council.
OL/
oy D. Buol, Mayor
Consent Items: Pages 1 -5
TO: Kevin S. Firnstahl, City Clerk
You are hereby directed to call a Special Session of the City Council to be
held on Monday, February 18, 2013, at 5:00 PM in the Historic Federal Building
for the purpose of conducting a work session on the Safe Community Task Force
Recommendations Implementation Status.
R D. Buol, Mayor
Consent Items: Pages n/a
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
The Dubuque City Council met in special session at 5:00 p.m. on February 18, 2013
in the Historic Federal Building, 350 W. 6th Street. /
Present: Mayor Buol; Council Members B, Corrs, Johfes, L h, R snick,
Litton; City Manager Vi
t n Milligen, City Attorney Lindahl
1/
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Mayor Buol read the call and stated this is a regular session of the City Council called
for the purpose of conducting a work session on the Safe Community Advisory
Committee.
WORK SESSION
Safe Community Advisory Committee
The Safe Community Advisory Committee reporting on the implementation status
of the Safe Community Task Force recommendations.
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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 February 18, 2013
in the Historic Federal Building, 350 W. 6t" Street.
Present: Mayor B'uol; Council Members Bat ig, Coni s, Joi(es, Lyki R snick,
S. tton; City Manager Vin Milligen, City Attorn y Lindahl
Abs
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
MOMENT OF SILENCE
May the spirit of wisdom keep our hearts and minds open as we endeavor to serve the
common good.
PROCLAMATION(S)Allij%-
1. Complaint -Free Day (February 22, 2013) �_i �%%%Z73
' '
2. Problem Gambling Awareness Week (March 3 -9, 013) b."
PRESENTATION(S)
1. 2012 River City of the Year Award
Planning Services Manager Laura Carstens to present the 2012 River City of the Year
award from the Iowa Rivers Revival.
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CONSENT ITEMS
1. Minutes and Reports Submitted
Cable TV Commission 1/2, Catfish Creek Watershed Management Authority of 1/23,
City Conference Board of 6/21/12 and 1/9/13, City Council proceedings of 2/4 and 2/5,
Civic Center Advisory Commission of 10/28/12, Library Board of Trustees of 10/25/12,
and 11/15/12, Zoning Advisory Commission of 26, Zoning Board of Adjustment of 1/24,
Proof of Publication for City Council Proceedings of 1/22
suggested Disposition: Receive and File
2. Notice of Claims and Suits
Rosalie Morgan for vehicle damage, Michael Schiesl for vehicle damage, Jennifer
Swanson for vehicle damage, and Valerie Willis for vehicle damage.
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: Rosalie Morgan
for vehicle damage, Michael Schiesl for vehicle damage, Jennifer Swanson for vehicle
damage, and Valerie Willis for vehicle damage.
Suggested Disposition: Receive and File; Concur
4. Final Plat - Boleyn Fourth Subdivision
Zoning Advisory Commission recommending approval of the Final Plat of Boleyn Fourth
Subdivision (17349 Peru Road) as requested by Justin and Paula Licht.
RESOLUTION V'� /' Approving the Final Plat Boleyn Fourth Subdivision,
Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
5. Urban Revitalization Program - 2012 Applications
City Manager recommending approval of 19 applications for residential property tax
exemption and that the applications be forwarded to the City Assessor for final review
and determination of the amount of property tax exemption.
RESOLUTION Approving Property Tax abatement applications submitted
by property owners in recognized Urban Revitalization areas and authorizing the
transmittal of the approved applications to the City Tax Assessor
Suggested Disposition: Receive and File; Adopt Resolution(s)
6. Collective Bargaining Agreement - Teamsters Local No. 120 (Bus Operators)
City Manager recommending approval of an amendment to the Collective Bargaining
Agreement with Teamsters Local No. 120 (Bus Operators) to track the hours of work for
part -time Bus Operators based on a calendar year instead of the current tracking
method based on fiscal year.
Suggested Disposition: Receive and File; Approve
7. Acceptance of Warranty Deed - 2264 Washington Street
City Manager recommending acceptance of a warranty deed from Jayson D. Eichman
for the easterly 27 feet of the Eichman property purchased for the construction of a
permeable alley between 2264 Washington Street and the Bee Branch Creek
Restoration Project.
RESOLUTION Accepting a conveyance of property
Suggested Dispositi n: Receive and File; Adopt Resolution(s)
Westbrook Subdivision No. 2 - Acceptance of Public Improvements
City Manager is recommending acceptance of the public improvements that the
developer, Callahan Construction, Inc., has recently completed in Westbrook
Subdivision No. 2, with exceptions.
RESOLUTION Accepting public improvements in Westbrook Subdivision
No. 2
Suggested Disposition: Receive and File; Adopt Resolution(s)
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9. Dubuque County - Southwest Arterial 28E Agreement
City Manager recommending approval of an Intergovernmental 28E Funding Agreement
with Dubuque County for the Southwest Arterial Project.
RESOLUTION � Approving an Intergovernmental 28E Funding Agreement
between the City of Dubuque and Dubuque County for the Southwest Arterial Project,
Iowa DOT Project No. STP -U -2100 (634)- -70 -31
Suggested Disposition: Receive and File; Adopt Resolution(s)
10. Tricor Construction - Settlement Agreement
City Manager recommending approval of an Agreement that provides the final
resolution of disputed work items related to the acceptance of the construction contract
for the Carnegie -Stout Public Library Renovation Project - Contract No. 1 (General
Construction) and authorization of payment of the contract retainage in the amount to
Tricon Construction.
Suggested Disposition: Receive and File; Approve
11. Catfish Creek Watershed Management Authority
City Manager transmitting the adopted Bylaws of the Catfish Creek Watershed
Management Authority.
Suggested Disposition: Receive and File
12. Rousselot, Inc. - First Amendment to Development Agreement
City Manager recommending approval of of the First Amendment to Development
Agreement with Rousselot, Inc.
RESOLUTION Approving the First Amendment to the Development
Agreement between the City of Dubuque, Iowa, and Rousselot, Inc.
Suggested Disposition: Receive and File; Adopt Resolution(s)
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13. Caradco Building, LLP - Contract Amendment with ECIA
City Manager recommending approval of an amendment to the contract with East
Central Intergovernmental Association (ECIA) to assist the City with grant administration
for the 2010 Iowa Department of Economic Development Community Development
Block Grant for the Caradco Building, LLLP project.
RESOLUTION Z/V Resolution of the City of Dubuque approving Amendment
Number 1 for 2010 CDBG Grant Administration with East Central Intergovernmental
Association
Suggested Disposition: Receive and File; Adopt Resolution(s)
14. National Park Service - Historic Preservation Fund Annual Report
City Manager transmitting the 2011 Historic Preservation Fund 2011 Annual Report
from the National Park Service, which features Mayor Roy Buol.
Suggested Disposition: Receive and File
15. Iowa Clean Air Attainment Program - Smarter Travel Study Grant Application
City Manager recommending submission of an application to the Iowa Department of
Transportation for an Iowa Clean Air Attainment Program (ICAAP) grant for two
additional years of funding assistance for the Midtown Loop and Feeder and the
Nightrider bus routes and a third year of funding for the Shopping Circulator.
RESOLUTION Endorsing the submission of an Iowa Clean Air Attainment
Program (ICAAP) ra t Application to the Iowa Department of Transportation to fund
the IBM Smarter Travel Project and continuation of two pilot route and Shopping
Circulator Route services
Suggested Disposition: Receive and File; Adopt Resolution(s)
16. Iowa Governor's Traffic Safety Bureau Grant
City Manager recommending approval of the Iowa Governor's Traffic Safety Bureau
Section 402 State and Community Highway Safety Grant.
Suggested Disposition: Receive and File; Approve
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17. Dubuque Regional Airport - New Terminal Facility
City Manager recommending approval to seek and accept federal Airport Improvement
Program funds in 2013, with the intent to apply bond proceeds from sales in early 2014
as the local match.
Suggested Disposition: Receive and File; Approve
18. Zoning Board of Adjustment
Commissioner Randy Klauer submitting advance notification of his intent to resign from
the Zoning Board of Adjustment pending a change in residency.
Suggested Disposition: Receive and File; Approve
19. Improvement Contracts / Performance, Payment and Maintenance Bonds
Ferguson Water Works /Davies Services for the Fire Hydrant Painting Program Phase 3
Suggested Disposition: Receive and File; Approve
20. Tobacco Compliance - Civil Penalty for Tobacco License Holders - Hy -Vee
Store #2
City Manager recommending approval of the Acknowledgement /Settlement Agreement
for a tobacco compliance violation for Hy -Vee Store #2 at 2394 NW Arterial.
Suggested Disposition: Receive and File; Approve
21. Tobacco Compliance - Civil Penalty for Tobacco License Holders - Kwik Stop
City Manager recommending approval of the Acknowledgement /Settlement Agreement
for a tobacco compliance violation for Kwik Stop, 4110 Dodge Street.
Suggested Disposition: Receive and File; Approve
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22. Alcohol Compliance Civil Penalty for Alcohol License Holders - Hy -Vee Store
#2
City Manager recommending approval of the Acknowledgment/Settlement Agreement
for an alcohol compliance violation for Hy -Vee Store #2 at 2395 NW Arterial.
Suggested Disposition: Receive and File; Approve
23. Alcohol Compliance Civil Penalty for Alcohol License Holders - Kwik Stop
City Manager recommending approval of the Acknowledgment/Settlement Agreement
for an alcohol compliance violation for Kwik Stop, 4110 Dodge Street.
Suggested Disposition: Receive and File; Approve
24. Alcohol Compliance Civil Penalty for Alcohol License Holders - River City
Bistro
City Manager recommending approval of the Acknowledgment/Settlement Agreement
for an alcohol compliance violation for River City Bistro (Holiday Inn) at 450 Main Street.
Suggested Disposition: Receive and File; Approve
25. Alcohol License Applications
City Manager recommending approval of annual liquor, beer, and wine licenses as
submitted. j`�
RESOLUTION (` Approving applications for beer, liquor, and /or wine permits,
as required by City of Dubuque Code of Ordinances Title 4 Business and License
Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and
Permits
Suggested Disposition: Receive and File; Adopt Resolution(s)
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ITEMS TO BE SET FOR PUBLIC HEARING
1. Petition to Vacate - Portion of Old Highway Road, 3/4/13
2. Fiscal Year 2014 Operating and Capital Budget, 2/28/13
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1. Petition to Vacate - Portion of OId Highway Road
City Manager recommending approval of the plat and disposal of a portion of Old
Highway Road at the intersection of Radford Road for the National Guard Readiness
Center and that a public hearing be set for March 4, 2013, on the disposal of the
property. 6/ RESOLUTION 6f Resolution of Intent to vacate and dispose of city interest
in Lot 2 -1 -A of the SE 1/4 - SW'/ Section 29, T89N, R2E, 5th P.M. in the City of
Dubuque, Dubuque County, Iowa
RESOLUTION Approving plat of proposed vacated portion of OId
Highway Road at Radford Road
Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 3/4/13
2. Fiscal Year 2014 Operating and Capital Budget
City Manager recommending that a public hearing be set for February 28, 2013, on the
Fiscal Year 2014 City budget, Operating and Capital Improvement Program, for the City
of Dubuque.
RESOLUTION 3 Setting the date for the public hearing on the Fiscal Year
2014 Budget for the City of Dubuque
RESOLUTION Setting the date for the public hearing on the Five Year
Capital Improvement rogram for Fiscal Years 2014 through 2018 for the City of
Dubuque
Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 2/28/13
BOARDS /COMMISSIONS
Application Review
1. Mechanical Code Board
Two 3 -Year terms through March 16, 2016 (Expiring terms of Billmeyer and Papin)
Applicants:
Ronald Billmeyer, 2375 Theda Dr.
Paul Papin, 2955 Jackson St. —
PUBLIC HEARINGS
1. Dubuque Industrial Center - PUD Amendment (Tabled June 5, 2011)
City Manager recommending that this item be tabled to July 7, 2014.
Proof of publication on notice of hearing to consider a request from the City of Dubuque/
Dubuque Initiatives to amend the Planned Unit Development (PUD) for the Dubuque
Industrial Center, located on Chavenelle Road and the Northwest Arterial, to change the
designation of property from open space to commercial and Zoning Advisory
Commission recommending approval, with conditions.
ORDINANCE XXXXXX Amending Appendix A (the Zoning Ordinance) of the City of
Dubuque Code of Ordinances by adopting a revised Planned Unit Development
Ordinance for the Dubuque Industrial Center Phases I and II located at the southwest
corner of Highway 32 (Northwest Arterial) and Chavenelle Road and by repealing
Ordinance 22 -07
Suggested Disposition: Remove from Table; Receive and File, Table to July 7, 2014
Remove from Table
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Table to 7/7/14
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SUSPEND THE RULES
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2. Request to Rezone - 501 Seippel Road
Proof of publication on notice of public hearing to consider a request by the City of
Dubuque to rezone property located at 501 Seippel Road (Lot 1 of 1 and Lot 1 of 2
South Fork Industrial Subdivision #1) from AG Agricultural District to PUD /PI Planned
Unit Development with a Planned Industrial designation anity la>Tage,
jecommendinl a.. _- al
ORDINANCE • '1 Amending Title 16 of the City of Dubuque Code of
Ordinances Unified Development Code by reclassifying hereinafter described property
located north and south of Seippel Road and north of U.S. Highway 20 from AG
Agricultural District to PUD Planned Unit Development with a PI Planned Industrial
designation for the Dubuque Industrial Center South
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
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3. Request to Rezone -165 Westside Court
Proof of publication on notice of public hearing to consider a Request from Mark
Arthofer to rezone property located at 165 Westside Court from PC Planned
Commercial to CS Commercial Services and Wholesale District and the Zoning
Advisory Commission recommending approval.
ORDINANCE Amending Title 16 of the City of Dubuque Code of
Ordinances, Unified Development Code, by reclassifying hereinafter described property
located south of 165 Westside Court from Planned Unit Development District to CS
Commercial Service and Wholesale District.
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. Sale of Property - 2290 Washington Street
Proof of publication on notice of public hearing to consider the sale of City -owned
property at 2290 Washington Street to Katherine Toskey and the City Manager
recommending approval.
RESOLUTION 66°'..-
Approving the sale of real estate specifically 2290
Washington Street
Suggested Disposition: Receive and File; Adopt Resolution(s)
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5. Sale of Property - 2320 Washington Street
Proof of publication on notice of public hearing to consider the sale of City -owned
property at 2320 Washington Street to Samantha and Nolan Hein and the City Manager
recommending approval.
RESOLUTION 547 Approving the sale of real estate specifically 2320
Washington Street
Suggested Disposition: Receive and File; Adopt Resolution(s)
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6. City Hall Envelope Restoration (Tuckpointing) Project
City Manager recommending approval of the plans, specifications, form of contract and
the estimated cost for the City Hall Envelope Restoration (Tuckpointing) Project.
RESOLUTION J Approving plans and specifications
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. Arts and Cultural Affairs Advisory Commission - Special Project Grant Program
Arts and Cultural Affairs Advisory Commission recommending approval of changes to
the Arts and Culture Special Project Grant Program.
Suggested Disposition: Receive and File; Approve
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2. Asbury Tank Reconditioning Project Award
City Manager recommending award of the contract for the Asbury Tank Reconditioning
Project to the low bidder, Classic Protective Coatings.
RESOLUTION Awarding p improvement im rovement contract for Asbury Tank
Reconditioning Project CIP 740 -2204
Suggested Disposition: Receive and File; Adopt Resolution(s)
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3. Code of Ordinances - Environmental Stewardship Advisory Commission
Membership
City Manager recommending approval or an ordinance change to the Environmental
Stewardship Advisory Commission membership which would allow the age of the youth
member to be up to 30 years old at the time of appointment.
ORDINANCE Amending City of Dubuque Code of Ordinances Title 2
Boards and Commissions, Chapter 6 Environmental Stewardship Advisory Commission,
Section 2 -6 -1 Commission Created; Composition and Section 2 -6 -3 Term; Filling of
Vacancies; Compensation, by Establishing Youth Membership Age Guidelines and
Uniform Term Lengths
Suggested Disposition: Receive and File; Motion B; Motion A /NW
Suspend the Readings
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4. Code of Ordinances - Public Nuisance Amendment
City Manager recommending approval of an amendment to the Public Nuisance
Ordinance to deal with large quantities of accumulations in residential areas.
ORDINANCE Amending City of Dubuque code of Ordinances Title 6
Health, Housing, Sanitation and Environment, Chapter 4 Nuisances, Section 6 -4 -3
Public Nuisance Defined; Public Nuisances Enumerated by Adding Conditions,
Conduct, and Activities Which Constitute Public Nuisances
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
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5. Code of Ordinances - Taxi Meter Requirement Amendment
City Manager recommending approval of an amendment to City of Dubuque Code of
Ordinances Section 4 -7B -3 Taximeter Required, to exempt taxicabs that charge a flat
rate to passengers from the requirement of having a taximeter in use at all times.
ORDINANCE ,% Amending City of Dubuque Code of Ordinances Title 4
Business and License Regulations, Chapter 7 Vehicles for Hire and Public
Transportation, Article B Motorized Vehicles for Hire, Section 4 -7B -3 Taximeter
Required, by exempting taxicabs that charge a flat rate
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
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6. Code of Ordinances - Taxi Business and Driver's Permits Amendments
City Manager recommending approval of an amendment to City of Dubuque Code of
Ordinances repealing Section 4 -7B -8 Operator's Permit Requirements; Insurance; Fees
and Section 4 -7B -9 Driver's License Requirements; Fee and adopt a new Section 4 -7B-
8 Taxicab Business License and Taxicab Driver's Permit.
ORDINANCE Amending City of Dubuque Code of Ordinances Title 4
Business and License Regulations, Chapter 7 Vehicles for Hire and Public
Transportation, Article B Motorized Vehicles for Hire, by Repealing Section 4 -7B -8
Operator's Permit Requirements; Insurance; Fees and Section 4 -7B -9 Driver's License
Requirements; Fee and adopting a new Section 4 -7B -8 Taxicab Business License and
Taxicab Driver's Permit in lieu thereof
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
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7. Code of Ordinances - Non - Motorized Vehicles Amendment
City Manager recommending approval of an amendment to Code of Ordinances Title 4,
Chapter, 7, Article A Non - Motorized Vehicles, to establish procedures for the issuance
of licenses for all non - motorized transportation businesses, operator permits and
establish appeal procedures for application denials for a license or permit.
ORDINANCE Amending City of Dubuque Code of Ordinances Title 4
Business and License Regulations, Chapter 7 Vehicles for Hire and Public
Transportation, Article A Nonmotorized Vehicles, by Establishing the Procedures for the
Issuance of Licenses for All Nonmotorized Transportation Businesses, Operator Permits
for Operators of Such Nonmotorized Vehicles, and the Appeal Procedure for a Denial of
an Application for a License or Permit
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
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Final Reading and Adopt
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8. Multi - Family Rental Unit Production Round 5 - 2811 -12 Jackson Street
City Manager recommending approval of an application for CDBG Multi- Family Rental
Unit Production - Round 5 funding as part of a project to create multi - family rental units
at 2811 -2812 Jackson Street.
RESOLUTION '7— Resolution of Support to the Iowa Economic Development
Authority on behalf of ueck Property Management Group for submittal of an
application for a CDBG Disaster Multi - Family Unit Production Round 5 Application
Suggested Disposition: Receive and File; Adopt Resolution(s)
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9. Multi - Family Rental Unit Production Round 5 - 901 Jackson Street
City Manager recommending approval of an application for CDBG Multi - Family Rental
Unit Production - Round 5 funding as part of a project to create multi - family rental units
at 901 Jackson Street.
RESOLUTION 42) Resolution of Support to the Iowa Economic Development
Authority, on behalf of Tim McNamara, Wilmac Property Group for submittal of an
application for a CDBG Disaster Multi- Family Unit Production Round 5 Application
Suggested Disposition: Receive and File; Adopt Resolution(s)
Yays
Nays
Braig
t/
Buol
1/
Connors
Jones
Lynch
t/
Resnick
Sutton
ism
9/rW
10. Iowa Clean Air Attainment Program (ICAAP) - Rail Improvements Grant
Application
City Manager recommending the City submit a grant application through the Iowa
Department of Transportation Iowa Clean Air Attainment Program (ICAAP) to provide
needed improvements in the Port of Dubuque for passenger rail service from Chicago.
RESOLUTION Endorsing the submission of an Iowa Clean Air Attainment
Program (ICAAP) Grant Application to the Iowa Department of Transportation to fund
improvements to accommodate passenger rail improvements
Suggested Disposition: Receive and File; Adopt Resolution(s)
Yays
Nays
V,9---
Braig
jV
Buol
V /
Connors
Jones
o/
Lynch
Resnick
Sutton
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COUNCIL MEMBER REPORTS
3/1/ c ��e
PUBLIC INPUT
ADJOURNMENT
Yays
Nays
V
Braig
f/
Buol
?/
Connors
Jones
Lynch
Resnick
1/
Sutton
96?