4 7 14 City Council Proceedings Official_Regular and SpecialCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special session at 5:00 p.m. on April 7, 2014 in the
Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Connors, Jones, Lynch, Resnick, Sutton; City
Manager Van Milligen, City Attorney Lindahl
Absent: Council Member Braig
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 community engagement.
WORK SESSION
Community Engagement
Community Engagement Coordinator Nikola Pavelic provided a slide presentation on
creating an institutionalized process for community engagement and a shared
understanding between City Council, staff, and community members. Topics included:
• Reason for robust community engagement process
• Benefits of institutionalized community engagement
• Alignment through coordination
• Current status and process
• What does community engagement looks like?
• Outcomes
• Continuous improvements
• What is community engagement?
• Focus areas and projects
• Research and development
• Internal staff group
• Barriers to institutionalizing and practicing community development
• Human Rights Commission
• Work shops
• Comprehensive plan
• Inclusive Dubuque
City Council had discussion with staff following the presentation.
There being no further business upon motion the City Council adjourned at 6:21 p.m.
/s/Kevin S. Firnstahl, CMC
City Clerk
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CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular at 6:30 p.m. on April 7, 2014 in the Historic
Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick,
Sutton; City Manager Van Milligen, City Attorney Lindahl
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.
PROCLAMATION(S)
1. Smart Money Week (April 5-12, 2014) was accepted by Michelle Hefter of the
Carnegie -Stout Public Library;
2. Week of the Young Child (April 6-20, 2014) was accepted by Mayor Buol on behalf
of Sherri Edwards, Dubuque County Early Childhood, 2310 Chaney Road.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and
dispose of as indicated. Seconded by Connors. Motion carried 7-0.
1. Minutes and Reports Submitted: Airport Commission of 3/24; Arts and Cultural
Affairs Advisory Commission of 2/25; Cable TV Commission of 3/5; City Council
proceedings of 3/17; Community Development Advisory Commission of 3/19; Proofs of
Publication for City Council Proceedings of 3/3, 3/5 and 3/17; Proof of Publication for
List of Claims and Summary of Revenues for Month Ending 2/28. Upon motion the
documents were received and filed.
2. Notice of Claims and Suits: Alliant Energy for property damage (2), Ken Dryer for
vehicle damage, Easy Street Bar (David Schmitt) for property damage, Karen
Gabrielson for property damage, Jill O'Malley for vehicle damage, James Ridley for
property damage, Steven Schumacher for property damage, Terra Strohmeyer for
vehicle damage, Wayne Welter for property 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
Assurance Pool: Alliant Energy (2) for property damage, Ken Dryer for property
damage, Easy Street Bar (David Schmitt) for property damage, Karen Gabrielson for
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property damage, Steven Schumacher for property damage, Terra Strohmeyer for
vehicle damage, Wayne Welter for property damage. Upon motion the documents were
received, filed and concurred.
4. Code of Ordinances - Adoption of Supplement No. 14: City Clerk recommending
adoption of Supplement No. 14 to the City of Dubuque Code of Ordinances, which
codifies Ordinance Nos. 53-13 through 56-13, 3-14, 6-14, 7-14, 8-14, and 11-14 as
adopted by the City Council and enacted through February 17, 2014. Upon motion the
documents were received and filed and Resolution No. 95-14 Adopting Supplement No.
14 to the Code of Ordinances of the City of Dubuque, Iowa, was adopted.
RESOLUTION NO. 95-14
ADOPTING SUPPLEMENT NO. 14 TO THE CODE OF ORDINANCES OF THE CITY
OF DUBUQUE, IOWA
Whereas, under date of August 17, 2009, the City Council, pursuant to Ordinance
No. 43-09, readopted the Code of Ordinances of the City of Dubuque, Iowa in its
entirety; and
Whereas, since August 17, 2009 the City Council of the City of Dubuque, Iowa has
adopted certain ordinances amending the Code of Ordinances and said amendments
have been printed as supplements to the Code of Ordinances; and
Whereas, Section 380.8 of the Code of Iowa provides that supplements, by
resolution, become part of the Code of Ordinances.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Supplement No. 14 of the Code of Ordinances of the City of
Dubuque, Iowa, covering Ordinance Nos. 53-13 through 56-13, 3-14, 6-14, 7-14, 8-14,
and 11-14 passed by Council and enacted through February 17, 2014, prepared by the
Sterling Codifiers, Inc., and filed in the Office of the City Clerk of the City of Dubuque,
Iowa is hereby adopted and becomes part of the Code of Ordinances of the City of
Dubuque, Iowa.
Passed, approved and adopted this 7th day of April, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. Assistance to Firefighters Grant Application: City Manager recommending approval
of the submission of the Assistance to Firefighters Grant application for 9 tablet
computers (IPad type) and software to be used for building .inspections by inspectors in
the Fire Marshal's office and each of the fire companies in the six fire stations. Upon
motion the documents were received, filed and approved.
6. HyVee 2011 Property Tax Appeal - 2395 NW Arterial: City Attorney recommending
approval of a Stipulation of Settlement for the HyVee 2011 Property Tax Appeal for
2395 NW Arterial. Upon motion the documents were received, filed and approved.
7. HyVee 2013 Property Tax Appeal - 2395 NW Arterial: City Attorney recommending
approval of Stipulation of Settlement for the HyVee 2013 Property Tax Appeal for 2395
NW Arterial. Upon motion the documents were received, filed and approved.
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8. HyVee 2013 Property Tax Appeal - 300 South Locust: City Attorney
recommending approval of a Stipulation of Settlement for the HyVee 2013 Property Tax
Appeal for 300 South Locust. Upon motion the documents were received, filed and
approved.
9. Dubuque Industrial Center South - Lease Agreement with William Siegert: City
Manager recommending approval of a Farm Lease Agreement with William Siegert for
access to property in the Dubuque Industrial Center South for agricultural purposes.
Upon motion the documents were received and filed and Resolution No. 96-14
Approving a Farm Lease Agreement between the City of Dubuque, Iowa and William
Siegert was adopted.
RESOLUTION NO. 96-14
APPROVING A FARM LEASE BETWEEN THE CITY OF DUBUQUE, IOWA AND
WILLIAM SIEGERT
Whereas, the City of Dubuque, Iowa (City) has developed the Dubuque Industrial
Center South for industrial and commercial development purposes; and
Whereas, approximately 7.8 acres of property within the Dubuque Industrial Center
South resides within the floodway and will not be developed; and
Whereas, William Siegert, has requested the ability to lease the property for
agricultural purposes; and
Whereas, it is the determination of this Council that approval of the Farm Lease, is in
the public interest of the citizens of the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the attached Farm Lease is hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute the Farm
Lease on behalf of the City and City Clerk is authorized and directed to attest to his
signature.
Section 3. That the City Manager is authorized to take such actions as are necessary
to comply with the terms of the Farm Lease.
Passed, approved and adopted this 7th day of April, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
10. MWH Americas, Inc. -License Agreement: City Manager recommending approval
of a License Agreement for Site Assessment and Remediation by MWH Americas, Inc.
on behalf of MidAmerican Energy Company. Upon motion the documents were
received, filed and approved.
11. Special Assessment - 2272 Central Avenue: City Manager recommending
approval of the Final Assessment Schedule for two properties at 2272 Central Avenue
for the 2013-2014 Snow Removal from City Right -of -Way Program. Upon motion the
documents were received and filed and Resolution No. 97-14 Adopting the Final
Assessment Schedule for the 2013-2014 Snow Removal Assessment — Right -of -Way
Obstruction Removal Assessment Project was adopted.
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RESOLUTION NO. 97-14
ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE 2013-2014 SNOW
REMOVAL ASSESSMENT — RIGHT-OF-WAY OBSTRUCTION REMOVAL
ASSESSMENT PROJECT
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
After full consideration, the Final Schedule of Assessments as shown on the attached
sheet(s), Page 1 to Page 2 inclusive; is hereby approved for the Snow Removal
Assessment — Right -of -Way Obstruction Removal Assessment Project.
There is hereby assessed and levied as a special tax against and upon each of the
benefited properties, the respective sums indicated. The amounts shown in said Final
Schedule of Assessments as deficiencies are found to be proper and levied
conditionally against the respective properties benefited by the improvements as shown
in the Final Schedule of Assessments, subject to the provisions of Iowa Code § 384.63.
Said assessments against said lots are hereby declared to be in proportion to the
special benefits conferred and not in excess of twenty-five percent of the value of same.
The City Clerk be and is hereby directed to certify the Final Schedule of Assessments
to the County Treasurer of Dubuque County, Iowa, and to publish notice of said
certification once each week for two consecutive weeks in the manner provided in Iowa
Code § 362.3, the first publication of which shall be not more than fifteen days from the
date of filing of the Final Schedule of Assessments. On or before the date of the second
publication of the notice, the City Clerk shall also mail a copy of said notice to property
owners whose property is subject to assessment, as provided in Iowa Code § 384.60.
The assessments may be paid in full or in part without interest at the office of the City
Treasurer, City Hall, 50 W. 13th Street, Dubuque, Iowa, at any time within 30 days after
the date of the first notice of the Final Schedule of Assessments. Thereafter, unpaid
assessments of $100.00 or more are payable in 10 annual installments at the County
Treasurer's Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa,
and will draw annual interest at nine percent (9%) computed to December 1 next
following the due dates of the respective installments as provided in Section 384.65 of
the Code of Iowa. Each installment will be delinquent from October 1 following its due
date on July 1 of each year. However, when the last day of September is a Saturday or
Sunday, that amount shall be delinquent from the second business day of October.
Delinquent installments will draw the same delinquent interest as ordinary taxes.
Property owners may elect to pay any annual installments semi-annually in advance.
Passed, approved and adopted this 7th day of April, 2014.
Roy D. Buol, Mayor
Attest: Kevin Firnstahl, City Clerk
FINAL ASSESSMENT SCHEDULE FOR
SNOW REMOVAL IN THE PUBLIC RIGHT-OF-WAY
Property Owner, Service Address, Parcel #, Lot Description, Sidewalk Assessment,
Fee, Net Assessment
2272 Central Avenue, 1024130005, W 1/- S'/2 -S 3/ -LOT 16P L H LANGWORTHY"S
ADD, $150.00, $25.00, $175.00
Central Avenue, 102430006, Lot -14N L H LANGWORTHY'S ADD, $105.00, $50.00,
$155.00
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12. Burlington Trailways - Purchase of Service Agreement: City Manager
recommending approval of an agreement with Burlington Trailways effective June 1,
2014, until the Intermodal Facility construction is complete. Upon motion the documents
were received, filed and approved.
13. Growing Sustainable Community Conference Contract: City Manager
recommending approval of an agreement with Sustainable City Network, Inc. and
Woodward Communications for co -management of the 7t" Annual Growing Sustainable
Communities Conference to be held October 7 and 8, 2014. Upon motion the
documents were received, filed and approved.
14. Gerald Hingtgen et al. vs. City of Dubuque et al.: City Attorney recommending
approval of a Release and Dismissal with Prejudice related to Gerald Hingtgen et al. vs.
City of Dubuque et al. Upon motion the documents were received, filed and approved.
15. Iowa Economic Development Authority - Expansion of Enterprise Zone -1: City
Manager recommending approval of a request to the Iowa Economic Development
Authority for an expansion of the existing Enterprise Zone -1. Upon motion the
documents were received and filed and Resolution No. 98-14 Authorizing a request to
the Iowa Economic Development authority for an expansion of Enterprise Zone - 1 in
the City of Dubuque was adopted.
RESOLUTION NO. 98-14
AUTHORIZING A . REQUEST TO THE IOWA ECONOMIC DEVELOPMENT
AUTHORITY FOR AN EXPANSION OF ENTERPRISE ZONE - 1 IN THE CITY OF
DUBUQUE.
Whereas, the State of Iowa Economic Development Authority (IEDA) has the
Enterprise Zone program to provide benefits and incentives for redevelopment and
reinvestment in areas of a community that meet certain eligibility criteria; and
Whereas, the City of Dubuque, Iowa has identified an area which meets the eligibility
requirements; and
Whereas, the City Council of Dubuque, Iowa has determined that said expansion of
Enterprise Zone - 1 will provide financial assistance to assist in rehabilitating properties
in the expansion area; and
Whereas, . the City of Dubuque, Iowa is eligible to submit an application for the
Enterprise Zone program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the filing of a request for an Enterprise Zone expansion of the City's
existing Enterprise Zone - 1 is approved.
Section 2. That the Mayor is hereby authorized and directed to execute, on behalf of
the City Council of the City of Dubuque, Iowa, the appropriate application materials.
Section 3. That the City Manager is directed to submit the application to the Iowa
Economic Development Authority together with such documents as may be required.
Section 4. That, once the Enterprise Zone is recertified, a copy of this resolution and
all supporting documents be forwarded to the City Assessor.
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Passed, approved and adopted this 7th day of April, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
16. Collective Bargaining Agreement - International Union of Operating Engineers
Local 234: City Manager recommending approval of a three-year collective bargaining
agreement with the International Union of Operating Engineers, Local #234, that
provides for wage increases. Upon motion the documents were received and filed and
Resolution No. 99-14 Approving the agreement between the City of Dubuque, Iowa, and
the International Union of Operating Engineers, Local 234 and authorizing the Mayor to
sign the agreement was adopted.
RESOLUTION NO. 99-14
APPROVING THE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND
THE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL #234 AND
AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT
Whereas, the Sixty -Fifth General Assembly adopted the Public Employment
Relations Act, Chapter 20, Code of Iowa; and
Whereas, the City of Dubuque is public employer within the meaning of Section 3 (1)
of the Public Employment Relations Act; and
Whereas, the International Union of Operating Engineers, Local #234 is an employee
organization within the meaning of Section 3 (4) of the Public Employment Relations
Act; and
Whereas, the International Union of Operating Engineers, Local #234 submitted a
request to bargain collectively on behalf of the employees within its representation; and
Whereas, bargaining between the parties has occurred and an agreement has been
concluded.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the terms of the agreement be approved and the Mayor authorized
and directed to sign the collective bargaining agreement.
Passed, approved and adopted this 7th day of April, 2014.
Roy D. Buol, Mayor
Attest: Kevin Firnstahl, City Clerk
17. Collective Bargaining Agreement Amendment - Teamsters Local 120: City
Manager recommending approval of an amendment to the Collective Bargaining
Agreement with the Teamsters Union Local 120 to provide for a work week that consists
of ten hours per day and four days per week for the Maintenanceworker, Airfield
Maintenanceworkers and Mechanic assigned to the Airport Department. Upon motion
the documents were received, filed and approved.
18. Mediacom Communications Company: Correspondence from Mediacom
Communications Company advising the City that it will implement a non-standard
converter fee and standardize the electronic reactivation account and electronic change
of service fee on or about May 1, 2014. Upon motion the document was received and
filed.
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19. Dubuque Golf & Country Club - Fireworks Request: Correspondence from
Richard Bugalski, General of the Dubuque Golf & Country Club, requesting permission
to display fireworks on Friday, July 4, 2014 at about 9:30 p.m. on the DG&CC grounds
with a rain date of Saturday, July 5. Upon motion the document was received, filed and
approved.
20. Tri-State Advanced Manufacturing Center of Excellence - Letter of Support: City
Manager recommending approval of a letter of support for Tri-State Advanced
Manufacturing Center of Excellence (being developed by NICC) for designation as a
"manufacturing community." Upon motion the documents were received, filed and
approved.
21. U.S. Department of Housing and Urban Development - Healthy Homes
Production Grant: Correspondence from the U.S. Department of Housing and Urban
Development requesting information required to close out the Healthy Homes
Production Grant. Upon motion the document was received and filed.
22. Tobacco Compliance — Civil Penalty for Tobacco License Holders - AWN Stop
Mart: City Manager recommending approval of the Acknowledgement/Settlement
Agreement for a tobacco compliance violation for AWN Stop Mart, 1998 Jackson Street.
Upon motion the documents were received, filed and approved.
23. Tobacco Compliance — Civil Penalty for Tobacco License Holders - Dave's
Downtown Conoco: City Manager recommending approval of the
Acknowledgement/Settlement Agreement for a tobacco compliance violation for Dave's
Downtown Conoco, 500 Locust Street. Upon motion the documents were received, filed
and approved.
24. Tobacco Compliance — Civil Penalty for Tobacco License Holders - Wayne's
Convenience Store: City Manager recommending approval of the
Acknowledgement/Settlement Agreement for a tobacco compliance violation for
Wayne's Convenience Store, 1965 Central Avenue. Upon motion the documents were
received, filed and approved.
25. Alcohol Compliance Civil Penalty for Alcohol License Holders - Bell Tower
Productions: City Manager recommending approval of the Acknowledgment/Settlement
Agreement for an alcohol compliance violation for Bell Tower Productions, 2728 Asbury
Road. Upon motion the documents were received, filed and approved.
26. Alcohol and Tobacco License Applications: City Manager recommending
approval of annual liquor, beer, wine and tobacco licenses applications as submitted.
Upon motion the documents were received and filed and Resolution No. 100-14A
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. 100-14B Approving applications for retail cigarette/tobacco sales permits, as
required by Iowa Code 453A.47A were adopted.
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RESOLUTION NO. 100-14A
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
Whereas, applications for Beer, Liquor, and or Wine Permits 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 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:
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:
Renewals
Bunker Hill Golf Course 2200 Bunker Hill Rd.
Clarke University 1550 Clarke Dr.
Class C Liquor (Outdoor) (Sunday)
Class C Liquor (Catering)
(Outdoor) .(Sunday)
Noonan's Tap 1618 Central Ave. Class C Liquor (Sunday)
Panchero's Mexican Grill 4840 Asbury Rd. ] Class B Beer (Outdoor) (Sunday)
Ron's Five Point Mart 405 Rhomberg Class C Beer (Sunday)
Tantra Thai bistro 2055 Holliday Dr.#200 Class C Liquor, Class B Native
Wine (Sunday).
Whiskey River 1064 University Ave. Class C Liquor (Sunday)
New
Kwik Stop 16th St ' 1210 E 16th St. , Class C Beer, Class B Native Wine
Sunda
Lina's Thai Bistro 2055 Holliday Dr.#200 Class C Liquor, Class B Wine
Passed, approved and adopted this 7{h day of April, 2014.
Attest: Kevin S. Firnstahl, City Clerk
(Sunday)
Roy D. Buol, Mayor
RESOLUTION NO. 100-14B
APPROVING APPLICATIONS FOR RETAIL CIGARETTE/TOBACCO SALES
PERMITS, AS REQUIRED BY IOWA CODE 453A.47A.
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 and 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:
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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_ _
Kwik Stop 16th Street ( 1210 E. 16th St I
Passed, approved and adopted this 7th day of April, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Lynch 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 Connors. Motion carried 7-0.
1. Fiscal Year 2014 Second Budget Amendment: City Manager recommending the
second Fiscal Year 2014 Budget Amendment be set for public hearing for April 21,
2014. Upon motion the documents were received and filed and Resolution No. 101-14
Setting the date for the public hearing on Amendment No. 2 to the Fiscal Year 2014
Budget for the City of Dubuque was adopted setting a public hearing for a meeting to
commence at 6:30 p.m. on April 21, 2014 in the Historic Federal Building.
RESOLUTION NO. 101-14
SETTING THE DATE FOR THE PUBLIC HEARING ON AMENDMENT NO. 2 TO THE
FISCAL YEAR 2014 BUDGET FOR THE CITY OF DUBUQUE
Whereas, Iowa Code Section 384.16 provides that the City Council shall set a time
and place for a public hearing on amendments to the budget and publish notice before
the hearing as provided in Iowa Code Section 362.3.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council shall conduct a public hearing on proposed
Amendment No. 2 to the Fiscal Year 2014 budget for the City of Dubuque at the City
Council Chambers at the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa,
on Monday, April 21, 2014, beginning at 6:30 p.m.
Section 2. That the City Clerk be and is hereby authorized and directed to publish
notice of the public hearing, according to law, together with the required budget
information.
Passed, approved and adopted this 7th day of April 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Spahn and Rose Lumber Co. - Development Agreement: City Manager
recommending that a public hearing be set for April 21, 2014 to consider approval of a
Development Agreement between the City of Dubuque and Spahn and Rose Lumber
Co. Upon motion the documents were received and filed and Resolution No. 102-14
Fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa on
the proposed issuance of Urban Renewal Tax Increment Revenue Grant Obligations
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and the approval of a Development Agreement with Spahn and Rose Lumber Co., and
providing for the publication of notice thereof was adopted setting a public hearing for a
meeting to commence at 6:30 p.m. on April 21, 2014 in the Historic Federal Building.
RESOLUTION NO. 102-14
FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA ON THE PROPOSED ISSUANCE OF URBAN RENEWAL TAX
INCREMENT REVENUE GRANT OBLIGATIONS AND THE APPROVAL OF A
DEVELOPMENT AGREEMENT WITH SPAHN AND ROSE LUMBER CO., AND
PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF
Whereas, the City of Dubuque (City) and Spahn and Rose Lumber Co. (Spahn and
Rose) have entered into a Development Agreement, subject to the approval of the City
Council, a copy of which is now on file at the Office of the City Clerk, City Hall, 13th and
Central Avenue, Dubuque, Iowa; and
Whereas, the City Council has tentatively determined that it would be in the best
interests of City to approve the Development Agreement with Spahn and Rose; and
Whereas, the Development Agreement provides for the issuance by City of economic
development grants to Spahn and Rose, referred to herein as Urban Renewal Tax
Increment Revenue Grant Obligations, payable from the tax increment revenues
collected in respect of the improvements to be constructed by Spahn and Rose in
accordance with the Development Agreement, for the purpose of carrying out the
objectives of an Urban Renewal Plan as described therein; and
Whereas, before said obligations may be approved, Chapter 403 of the Code of Iowa
requires that the City Clerk publish a notice of the proposal and of the time and place of
the meeting at which the City Council proposes to take action thereon and at which
meeting the City Council shall receive oral and/or written objections from any resident or
property owner of said City to such proposed action.
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 a notice to be
published as prescribed by Iowa Code Section 403.9 of a public hearing on the City's
intent to enter into the Development Agreement and authorize Urban Renewal Tax
Increment Revenue Grant Obligations as described therein, to be held on the 21st day of
April, 2014, at 6:30 p.m. in the City Council Chambers at the Historic Federal Building, 350
W. 6th St., Dubuque, Iowa.
Section 2. The City Council will meet at said time and place for the purpose of taking
action on the matter of authorizing and approving the execution of the Development
Agreement with Spahn and Rose and the issuance of Urban Renewal Tax Increment
Revenue Grant Obligations described therein, the proceeds of which obligations will be
used to carry out certain public purpose activities described in the Urban Renewal Plan
for the Greater Downtown Urban Renewal District, consisting of the funding of economic
developments grants to Spahn and Rose pursuant to the Development Agreement
under the terms and conditions of said Urban Renewal Plan. The aggregate amount of
the Urban Renewal Tax Increment Revenue Grant Obligations cannot be determined at
the present time, but is not expected to exceed $850,000.
Section 3. The Clerk is hereby directed to cause at least one publication to be made
of a notice of said meeting, in a newspaper, printed wholly in the English language,
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published at least once weekly, and having general circulation in said City, said
publication to be not less than four days nor more than twenty days before the date of
said meeting on the issuance of said obligations.
Section 4. That the notice of the proposed action to issue said obligations shall be in
substantially the form attached hereto.
Passed, approved and adopted this 7th day of April, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. SRF Green Alley Project - Bid Set 4: City Manager recommending initiation of the
bidding process for the SRF Green Alley Bid Set 4 Project, and further recommends
that a public hearing be set for May 5, 2014. Upon motion the documents were received
and filed and Resolution No. 103-14 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;
Resolution No. 104-14 Approving the plats, schedule of assessments and estimate of
total cost for the SRF Green Alley Bid Set 4 Project; Resolution No. 105-14 Resolution
of Necessity for the SRF Green Alley Bid Set 4 Project; and Resolution No. 106-14
Fixing date of public hearing on Resolution of Necessity were adopted setting a public
hearing for a meeting to commence at 6:30 p.m. on May 5, 2014 in the Historic Federal
Building.
RESOLUTION NO. 103-14
SRF GREEN ALLEY BID SET 4 PROJECT
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
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 'OF
DUBUQUE, IOWA:
The proposed plans, specifications, form of contract and estimated cost for the SRF
Green Alley Bid Set 4 Project in the estimated amount $251,687.57, are hereby
preliminarily approved and ordered filed in the office of the City Clerk for public
inspection.
A public hearing will be held on the 5th day of May, 2014, at 6:30 p.m. in the Historic
Federal Building Council Chambers 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.
The SRF Green Alley Bid Set 4 Project is hereby ordered to be advertised for bids for
construction.
The amount of the security to accompany each bid shall be in an amount which shall
conform to the provisions of the Notice to Bidders hereby approved.
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The City Clerk is hereby directed to advertise for bids for the construction of the
improvements herein provided, by publishing the attached Notice to Bidders to be
published in a newspaper having general circulation in the City of Dubuque, Iowa, which
notice shall be published not less than four but not more than forty-five days before the
date for filing bids before 2:00 p.m. on the 8th day of May, 2014. Bids shall be opened
and read by the City Clerk at said time and will be submitted to the City Council for final
action at 6:30 p.m. on the 19th day of May, 2014, in the Historic Federal Building Council
Chambers (second floor), 350 West 6th Street, Dubuque, Iowa.
Passed, adopted and approved this 7th day of April, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 104-14
APPROVING THE PLATS, SCHEDULE OF ASSESSMENTS AND ESTIMATE OF
TOTAL COST FOR THE SRF GREEN ALLEY BID SET 4 PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the attached plats, schedule of assessments, and estimate of total cost for the
SRF Green Alley Bid Set 4 Project are hereby approved.
Passed, approved and adopted this 7th day of April, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 105-14
RESOLUTION OF NECESSITY FOR THE SRF GREEN ALLEY BID SET 4 PROJECT
Whereas, the plat, schedule of assessments, and estimate of total cost for the SRF
Green AIIey Bid Set 4 Project have been duly prepared and approved by the City
Council of the City of Dubuque and ordered placed on file in the office of City Clerk.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The SRF Green AIIey Bid Set 4 Project will provide:
• Reconstruction of two (2) alleys using interlocking concrete pavers
• Reconstruction of the pavement surface with interlocking concrete pavers.
• Installation of concrete pavement to hold bricks in place.
• Installation of concrete street headers and driveway headers
• Installation of ADA detectible warning panels and miscellaneous sidewalk at alley
crossings.
There is on file in the office of the City Clerk an estimated total cost of the work, and
a preliminary plat and schedule showing the amount proposed to be assessed to each
lot for the improvement.
The date, time, and place the council will hear property owners subject to the
assessment and interested parties for or against the improvement, its cost, the
assessment, or the boundaries of the district:
That the City Council deems it advisable and necessary for the public welfare to
make the herein mentioned improvements.
Unless a property owner files objections with the City Clerk at the time of hearing on
the resolution of necessity, the property owner is deemed to have waived all objections
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pertaining to the regularity of the proceeding and the legality of using the special
assessment procedure.
Said improvements shall be constructed in accordance with the plans and
specifications which have been approved by the City Council and are now on file in the
Office of the City Clerk. The cost of making such improvement will be assessed against
property lying with the assessment limits.
The above resolution was introduced, approved and ordered placed on file with the
City Clerk this 7th day of April, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 106-14
FIXING DATE OF PUBLIC HEARING ON RESOLUTION OF NECESSITY
Whereas, the City Council of the City of Dubuque, Iowa, has given its preliminary
approval to the plat, schedule of assessments, and estimated total cost for the SRF
Green Alley Bid Set 4 Project and ordered the plat, schedule of assessments, and
estimate of total cost placed on file in the Office of the City Clerk; and
Whereas, the proposed Resolution of Necessity for Project has been introduced and
is now on file in the Office of the City Clerk.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The City Council will meet on the 5th day of May, 2014, in the Historic Federal
Building Council Chambers (second floor), 350 West 6t" Street, Dubuque, Iowa. at
which time the owners of property subject to assessment for the proposed improvement
or any other person having an interest in the matter may appear and be heard for or
against the making of the improvement, the boundaries of the district, the cost, the
assessment against any lot, or the final adoption of a resolution of necessity.
A property owner will be deemed to have waived all objections unless at the time of
hearing the property owner has filed objections with the City Clerk.
The City Clerk be and is hereby authorized and directed to cause a 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 once each week for two
consecutive weeks, the first publication of which shall be not less than ten days prior to
the day fixed for its consideration.
Passed; adopted and approved this 7t" day of April, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
4. Water Treatment Plant North Softening Basins Rehabilitation Project: City
Manager recommending initiation of the bidding procedure for the Water Treatment
Plant North Softening Basins Rehabilitation Project, and further recommends that a
public hearing be set for May 5, 2014. Upon motion the documents were received and
filed and Resolution No. 107-14 Approval of specifications, form of contract, and
estimated cost for the Water Treatment Plant North Softening Basins Rehabilitation
Project was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on
May 5, 2014 in the Historic Federal Building.
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RESOLUTION NO. 107-14
CITY OF DUBUQUE, IOWA WATER DEPARTMENT WATER TREATMENT PLANT
NORTH SOFTENING BASINS REHABILITATION PROJECT APPROVAL OF
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE
WATER TREATMANT PLANT NORTH SOFTENING BASINS REHABILITATION
PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, and form of contract now on file with the
office of City Clerk and estimated cost for the Water Treatment Plant North Softening
Basins Rehabilitation Project, in the amount of $200,476.70, are hereby approved.
Passed, adopted and approved this 7t" day of April, 2014.
Roy D. Buol, Mayor
Attest: Kevin Firnstahl, City Clerk
BOARDS/COMMISSIONS
Appointment was made to the following commission:
Sister City Relationship Advisory Commission: One, 3 -year term through February 1,
2017 (Vacant term of Filimonenko). Applicant: Richard Van Iten, 3273 Bittersweet Ln.
Motion by Braig to appoint Richard Van Iten to a 3 -year term through February 1, 2017.
Seconded by Resnick. Motion carried 7-0.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing any one present to address the City
Council on the following items:
1. Sale of City Property - 2250 Washington Street: Proof of publication on notice of
public hearing to consider approval of a resolution authorizing the sale of City -owned
real property located at 2250 Washington Street to Jodie L. Evans and the City
Manager recommending approval. Motion by Connors to receive and file the documents
and adopt Resolution No. 108-14 Approving the sale of real estate located at 2250
Washington Street in the City of Dubuque, Iowa. Seconded by Jones. Motion carried 7-
0.
RESOLUTION NO. 108-14
APPROVING THE SALE OF REAL ESTATE LOCATED AT 2250 WASHINGTON
STREET, IN THE CITY OF DUBUQUE, IOWA
Whereas, the City acquired the property at 2250 Washington Street for the purpose
of its restoration and re -sale for owner -occupied housing as part of the Bee Branch re-
alignment project; and
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 sale of the following legally -
described property:
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Lot One (1) of Bee Branch Subdivision No. 9, in the City of Dubuque, Dubuque
County, Iowa, according to the recorded plats thereof, subject to easements of
record.
Commonly known as 2250 Washington Street at the cost of $116,000.
Section 2. That the City of Dubuque be and is hereby authorized to provide a Special
Warranty Deed to the buyer, conveying the City's interest to Jodie L. Evans for the
herein -described real estate.
Section 3. That the City Clerk be and he is hereby authorized and directed to cause
said Special Warranty Deed to be recorded in the Office of the Dubuque County
Recorder, together with certified copy of the Resolution.
Section 4. That the City Clerk be and he is hereby directed to forward a copy of this
Resolution to the Dubuque County Assessor and the Dubuque County Auditor.
Passed, approved and adopted this 7th day of April, 2014.
Roy D Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. HMA Resurfacing Project -+ White Street from 11th Street to 21st Street: Proof of
publication on notice of public hearing to consider approval of the plans, specifications,
form of contract and estimated cost for the White Street HMA Resurfacing with Milling
Project, from 11th Street to 21st Street and the City Manager recommending approval.
Motion by Lynch to receive and file the documents and adopt Resolution No. 109-14
Approval of plans, specifications, form of contract, and estimated cost for the White
Street HMA Resurfacing with Milling Project, from 11th To 21st Street (Iowa DOT Project
No. NHSN-52-2(132)-2R-31). Seconded by Braig. City Engineer Gus Psihoyos stated
that public informational meetings will be held to keep property owners apprised of
construction details. Motion carried 7-0.
RESOLUTION NO. 109-14
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST FOR THE WHITE STREET HMA RESURFACING WITH MILLING
PROJECT, FROM 11TH TO 21ST STREET (IOWA DOT PROJECT NO. NHSN-52-
2(132)--2R-31)
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form of contract and estimated cost for the
White Street HMA Resurfacing with Milling Project, from 11th to 21st Street (Iowa DOT
Project No. NHSN-52-2(132)--2R-31), in the estimated amount $1,306,632.53, are
hereby approved.
Passed, adopted and approved this 7th day of April, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Upon motion the rules were reinstated limiting discussion to the City Council.
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ACTION ITEMS
1. Purchase of Services Fiscal Year 2015 Grant Funding Recommendation: City
Manager requesting approval of the recommended funding for the Fiscal Year 2015
Purchase of Service Grant applications. Motion by Braig to receive and file the
documents and approve the recommendation. Seconded by Connors. Motion carried 7-
0.
2. SRF Green Alley Project - Bid Set 2 - Project Award: City Manager recommending
award of the contract for the Award SRF Green Alley Project - Bid Set 2 to the low
bidder Drew Cook and Sons Excavating. Motion by Connors to receive and file the
documents and adopt Resolution No. 110-14 Awarding public improvement contract for
the SRF Green Alley Bid Set 2 Project. Seconded by Jones. Civil Engineer Jon Dienst
stated that contractors are allowed to only work on two -block sections at a time and the
Engineering Department will meet with contractors regarding construction plans. Motion
carried 7-0.
RESOLUTION NO. 110-14
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE SRF GREEN ALLEY
BID SET 2 PROJECT
Whereas, sealed proposals have been submitted by contractors for the SRF Green
Alley Bid Set 2 Project (the Project) pursuant to Resolution No. 54-14 and Notice to
Bidders published in a newspaper published in the City of Dubuque, Iowa on the 7th day
of March, 2014.Whereas, said sealed proposals were opened and read on the 20th day
of March, 2014, and it has been determined that Drew Cook and Sons Excavating of
Dubuque, Iowa, with a bid in the amount of $189,683.00, 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 Drew Cook
and Sons Excavating and the City Manager is hereby directed to execute a Public
Improvement Contract on behalf of the City of Dubuque for the Project.
Passed, approved and adopted this 7th day of April, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. SRF Green AIIey Project - Bid Set 3 - Project Award: City Manager recommending
award of the contract for the SRF Green Alley Project - Bid Set 3 to the low bidder Drew
Cook and Sons Excavating. Motion by Braig to receive and file the documents and
adopt Resolution No. 111-14 Awarding public improvement contract for the SRF Green
AIIey Bid Set 3 Project. Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 111-14
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE SRF GREEN ALLEY
BID SET 3 PROJECT
Whereas, sealed proposals have been submitted by contractors for the SRF Green
AIIey Bid Set 3 Project (the Project) pursuant to Resolution No. 58-14 and Notice to
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Bidders published in a newspaper published in the City of Dubuque, Iowa on the 7th
day of March, 2014.
Whereas, said sealed proposals were opened and read on the 2011" day of March,
2014, and it has been determined that Drew Cook and Sons Excavating of Dubuque,
Iowa, with a bid in the amount of $590,556.50, 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 Drew Cook
and Sons Excavating and the City Manager is hereby directed to execute a Public
Improvement Contract on behalf of the City of Dubuque for the Project.
Passed, approved and adopted this 711" day of April, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
4. Iowa and Locust Parking Ramp Repair - Project Award: City Manager
recommending award of the contract for the Iowa and Locust Ramp Repair Project to
the low bidder Western Waterproofing Company. Motion by Jones to receive and file the
documents and adopt Resolution No. 112-14 Awarding the public improvement contract
for the Iowa and Locust Parking Ramp Repair Project. Seconded by Resnick. Motion
carried 7-0.
RESOLUTION NO. 112-14
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE IOWA AND LOCUST
PARKING RAMP REPAIR PROJECT
Whereas, sealed proposals have been submitted by contractors for the Iowa and
Locust Parking Ramp Repair Project pursuant to Resolution No. 65-14 and Notice to
Bidders published in a newspaper in the City of Dubuque, Iowa on the 21st day of
February, 2014; and
Whereas, said sealed proposals were opened and read on the 19th day of March,
2014 and it has been determined that Western Waterproofing of West Des Moines,
Iowa, with a bid in the amount of $364,087.00 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 Western
Waterproofing Company and the City Manager is hereby directed to execute a Public
Improvement Contract on behalf of the City of Dubuque for the Project.
Passed, approved and adopted this 7111 day of April, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. Code of Ordinances Amendment - Title 10 Special Events and Waiver Policy: City
Manager recommending approval of changes to the Special Events Permit Ordinance.
Staff will provide a presentation. Assistant City Manager Cindy Steinhauser and
Assistant City Attorney Crenna Brumwell provided a slide presentation on the
background of the special events process and the details of the amendment and
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responded to questions from City Council. Art Gilloon, 770 Main Street, addressed the
City Council regarding his concerns and described three scenarios where he believed
First Amendment rights could be jeopardized should the amendment be approved.
Restated motion by Connors to table the proposed ordinance amendment to a City
Council meeting in or about 30 days. Seconded by Braig. Motion carried 7-0.
6. Request for Work Session - Bee Branch Creek Restoration Project: City Manager
requesting a work session be scheduled for Monday, May 5, 2014 at 5:00 p.m. to
discuss the landscaping plan for the Upper Bee Branch Creek Restoration Project.
Motion by Jones to receive and file the documents and schedule the work session as
recommended. Seconded by Braig. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Mayor Buol reported on the success of the recent Chamber of Commerce trip to
Washington D.C. and visit with federal staff.
Council Member Braig expressed her gratitude for living in a city such as Dubuque
following a recent trip to New Delhi, India, where there is limited traffic control, street
lighting and public sanitation.
PUBLIC INPUT
Jacob Long, 4604 Cardinal Drive, addressed the City Council about his desire to
have the Public Input section of the agenda moved to the beginning of City Council
meetings.
There being no further business, upon motion the City Council adjourned at 7:55 p.m.
/s/Kevin S. Firnstahl, CMC
City Clerk
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