10 6 14 Clerk's Skeleton Notes and Meeting CallsTO: Kevin S. Firnstahl, City Clerk
You are hereby directed to call a special session of the City Council to be
held on Monday, October 6, 2014 at 5:00 PM, in the Historic Federal Building for
the purpose of conducting a work session on Inclusive Dubuque and a closed
session regarding pending litigation and property acquisition pursuant to
Chapter 21.5(1)(c), -(j) Code of Iowa .
Roy D. Buol, Mayor
TO: Kevin S. Firnstahl, City Clerk
You are hereby directed to call a Regular Session of the City Council to be
held on Monday, October 06, 2014 at 6:30 PM in the Historic Federal Building for
the purpose of conducting such business that may properly come before the City
Council.
Consent Items: Pages 1-4
oy D. Buol, Mayor
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
The Dubuque City Council met in special session at 5:00 p.m. on October 6, 2014 in
the Historic Federal Building, 350 W. 6th Street.
Present: Mayor uol; Council Members B'taig, Cori ors, Jojis, Lyth, Resri k,
utton; City Manager Van Milligen, City Attorney Lindahl
Absent:
Mayor Buol read the call and stated this is a special session of the City Council called
for the purpose of conducting a work session on Inclusive Dubuque and a Closed
Session regarding pending litigation and property acquisition — Chapter 21.5(1)(c), -(j)
Code of Iowa
Closed Session
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Adjournment
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WORK SESSION
Inclusive Dubuque
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CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION 114.<
The Dubuque City Council met in regular session at 6:30 p.m. on October 6, 2014 in
the Historic Federal Building, 350 W. 6th Street.
,Present: Mayor uol; Council Members eaig, Cori ors, Jdfies, Lich, Resrck,
.button; City Manager Va fMilligen, City Attorney-Lindahl
Ab`eXrft:
yor Buol read the call and stated this is a regular session of the City Council called
for the purpose of conducting such business that may properly come before the City
Council.
PLEDGE OF ALLEGIANCE
PROCLAMATION(S)
1. White Cane Safety Day (October 15, 2014) was accepted by
2. Trick -or -Treat Night (October 31, 2014) was accepted by Mayor Buol.
,,tea
3. Disabilities4Awareness Month (October 2014) was accepted by g25
4. Arts and Humanities Month (October 2014) was accepted by#a'�,� � ' ," Chi .
� ° /; 1
5. Make a Will Month (October 2014) was accepted by ���/� f
2
CONSENT ITEMS j
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1. Minutes and Reports Submitted
City Council proceedings of 9/15; Civil Service Commission of 7/28, 9/22; Five Flags
Civic Center Commission of 8/20; Zoning Board of Adjustment of 9/25; Proof of
Publication for City Council proceedings of 9/2;
Suggested Disposition: Receive and File
2. Notice of Claims and Suits
David Baker for vehicle damage, Suit by Cheryl Fuller, Arthur Hedley for vehicle
damage, Norman Homb for vehicle damage, Barbara Lombardi for personal injury,
Peggy Naumann for vehicle damage, James Shippy for property damage, Brad Siegert
for property damage, Suit by QHQ Properties
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: David Baker for
vehicle damage, Enterprise Rent -a -Car for vehicle damage, Arthur Hedley for vehicle
damage, Norman Homb for vehicle damage, Barbara Lombardi for personal injury,
Peggy Neumann, James Shippy for property damage, Brand Siegert of property
damage
Suggested Disposition: Receive and File; Concur
4. Government Finance Officers Association- Distinguished Budget Presentation
Award
Correspondence from the Government Finance Officers Association (GFOA) advising
that it has awarded the Distinguished Budget Presentation Award to the City of
Dubuque and Certificates of Recognition for Budget Preparation to Budget Director
Jennifer Larson and Senior Budget Analyst Mary Brooks for the Fiscal Year 2014/2015.
Suggested Disposition: Receive and File
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5. SRF Green Alley Project Bid Set 1 -Year 1 Project Acceptance
City Manager recommending acceptance of the construction contract and the
establishment of the Final Schedule of Assessments for the SRF Green Alley- Bid Set 1
Year 1 Project, as completed by East Iowa Construction.
RESOLUTION 300-14 Accepting the SRF Green Alley Project- Bid Set 1 year 1 and
authorizing the payment of the contract amount to the contractor
RESOLUTION 300-14A Adopting the final assessment schedule for the SRF Green
Alley Project- Bid Set 1 Year 1
Suggested Disposition: Receive and File; Adopt Resolution(s)
6. SRF Green Alley Project Bid Set 2- Year 1 Acceptance
City Manager recommending acceptance of the construction contract for the SRF Green
Alley- Bid Set 2 Year 1 Project, as completed by Drew Cook and Sons Excavating, and
adoption of the Final Schedule of Assessments.
RESOLUTION 301-14 Accepting the SRF Green Alley Project- Bid Set 2 Year 1 and
authorizing the payment of the contract amount to the contractor
RESOLUTION 301-14 A Adopting the Final Assessment Schedule for the SRF Green
Alley Project- Bid Set 2 Year 1
Suggested Disposition: Receive and File; Adopt Resolution(s)
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7. Acceptance of Storm Sewer Easement- Greenfield Development, LLC
City Manager recommending acceptance of a storm sewer easement from Greenfield
Development LLC for a proposed City storm sewer construction project across a part of
Lot 2-1-1-1-1-2 of Louis H. Walter Place, near 801 Cedar Cross Road.
RESOLUTION 302-14 Accepting a Grant of Easement for storm sewer through, over
and across a part of Lot 2-1-1-1-1-2 of Louis H. Walter Place in the City of Dubuque,
Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
8. Acceptance of Storm Sewer Easement- Cedar Ridge Farm Place No. 3
City Manager recommending acceptance of a storm sewer easement from Julian G.
Nemmers for a proposed City storm sewer construction project across a part of Lot 2 of
4 of Cedar Ridge Farm Place No. 3 near 801 Cedar Cross Road.
RESOLUTION 303-14 Accepting a Grant of Easement for storm sewer through, over
and across a part of Lot 2 of 4 of Cedar Ridge Farm Place No. 3 in the City of Dubuque,
Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
9. Timber Hyrst Estates No. 4- Accepting Culvert, Embankment and Storm Water
Impoundment Easement
City Manager recommending acceptance of a Grant of Easement for Pipe Culvert,
Embankment Slope, and Storm Water Impoundment from Gary Valentine as part of the
Timber-Hyrst Estates No. 4 Project.
RESOLUTION 304-14 Accepting the grant of a Culvert Pipe, Embankment Slope, and
Storm Water Impoundment Easement through, over and across a part of Lot 1 of
Valentine Place No. 3, in the City of Dubuque, Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
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10. Gallagher Benefit Services Renewal
City Manager recommending approval of an Amendment to the Administrative Services
Agreement with Gallagher Benefit Services for benefit consulting and actuarial services
effective October 1, 2014, through June 30, 2016.
Suggested Disposition: Receive and File; Approve
11. Delta Dental Voluntary Dental Plan
City Manager recommending approval of the renewal rates with Delta Dental for the
Voluntary Dental Plan beginning January 1, 2015 through December 31, 2015.
Suggested Disposition: Receive and File; Approve
12. Case Management Workers' Compensation Claims
City Manager recommending approval to enter into an Agreement with Tri-State
Occupational Health, L.L.C. effective October 6, 2014 through September 30, 2015 to
provide case management of workers compensation claims and police and fire job
related injuries and illnesses.
Suggested Disposition: Receive and File; Approve
13. Iowa Clean Air Attainment Program (ICAAP) Grant Application. Midtown Loop
(Grey Line) and Feeder (Express)
City Manager recommending approval of an application for Iowa Clean Air Attainment
Program (ICAAP) grant funds for the third year of the SmarterTravel: Midtown Loop
(Grey Line) and Feeder (Express). It is further recommended that the City Council
approve a resolution stating that it shall (1) commit the necessary local match funding
for project implementation and (2) upon project completion, commit to adequately
maintaining and operating the routes through maintenance -level budgeting.
RESOLUTION 305-14 Endorsing the submission of an Iowa Clean Air Attainment
Program (ICAAP) Grant application to the Iowa Department of Transportation to fund
the Midtown Loop (Grey Line) and Feeder (Express) Routes
Suggested Disposition: Receive and File; Adopt Resolution(s)
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14. Letter of Support. Regional Conservation Partnership Program
City Manager recommending approval of a letter of support for the Regional
Conservation Partnership Program.
Suggested Disposition: Receive and File; Approve
15. Alternative Services Concepts • Workers' Compensation Administration
Renewal Rates
City Manager recommending approval of renewal rates with Alternative Services
Concepts for workers' compensation claims administration for October 1, 2014 through
September 30, 2015
Suggested Disposition: Receive and File; Approve
16. EDA Grant Authorized Representative- Upper Bee Branch Creek Restoration
Project
City Manager recommending approval to establish the City Manager as an Authorized
Representative with the authority to execute and deliver documents as necessary in
order for the City to receive U.S. Economic Development administration Disaster Relief
Program funds for the Bee Branch Creek Restoration Project.
RESOLUTION 306-14 Establishing the City Manager as an Authorized Representative
regarding the agreement between the U.S. Department of Commerce's Economic
Development Administration and the City of Dubuque, Iowa for the Upper Bee Branch
Creek Restoration
Suggested Disposition: Receive and File; Adopt Resolution(s)
17. Express Scripts Agreement
City Manager recommending approval of a new Employer Participation Agreement with
Express Scripts effective January 1, 2014 to December 31, 2014.
Suggested Disposition: Receive and File; Approve
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18. Shepherd, Inc., Iowa Economic Development Authority (IEDA) Settlement
City Manager recommending approval of the execution of a Settlement Agreement
between the Iowa Economic Development Authority, Shepherd, Inc. and the City of
Dubuque.
RESOLUTION 307-14 Authorizing the execution of a Settlement Agreement for CEBA
Loan Agreement 04-CEBA-05 by and between the Iowa Economic Development
Authority, Shepherd, Inc., and the City of Dubuque
Suggested Disposition: Receive and File; Ap
19. Civil Service Commission
Civil Service Commission submitting the certified lists for the positions of Bus Operator,
Horticulturalist, Lead Mechanic and Maintenance Worker
Suggested Disposition: Receive and File; Make Matter of Record
20. Mystique Casino- Request to Repair Sidewalks, Resealing and Painting of
Decorative Concrete
City Manager recommending approval of a request from Mystique Casino President and
CEO Jesus Aviles to use the Depreciation and Improvement Fund and to do some
sidewalk and entryway improvements.
Suggested Disposition: Receive and File; Approve
21. Mississippi River Cities and Towns Initiative
City Manager transmitting information from the Mississippi River Cities and Towns
Initiative annual meeting held September 16-18,2014.
Suggested Disposition: Receive and File
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22. Mississippi River Sustainable Development Fund
City Manager transmitting information on the Mississippi River Sustainable
Development Fund announcing major sustainable efforts to promote Mississippi River
commerce and health.
Suggested Disposition: Receive and File
23. Linseed Oil - Assignment of Development Agreement
City Manager recommending approval of the assignment of the Development
Agreement with Wilmac Property Company to Betty Building, LLC for the property
located at 151 East 9th Street.
RESOLUTION 308-14 Approving the assignment of the Development Agreement
between the City of Dubuque and Wilmac Property Company from Wilmac Property
Company to Betty Building, LLC
Suggested Disposition: Receive and File; Adopt Resolution(s)
24. Linseed Oil• Assignment of CDBG Subrecipient Agreement
City Manager recommending approval of a Subrecipient Agreement with Wilmac
Property Company to facilitate the redevelopment of the Linseed Oil Paintworks
Building at 901 Jackson Street.
RESOLUTION 309-14 Approving the assignment of the Community Development Block
Grant (CDBG) Housing Disaster Recovery Fund Contract Subrecipient Agreement
between the City of Dubuque and Wilmac Property Company, from Wilmac Property
Company to Merrimac Restoration, Inc.
Suggested Disposition: Receive and File; Adopt Resolution(s)
25. Business License Refund
Request from Molo Oil for a refund of the Tobacco Permit DBQ-024-15 for Puff -N -Snuff
located at 1101 Rhomberg Ave.
Suggested Disposition: Receive and File; Approve
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26. Alcohol and Tobacco License Applications
City Manager recommending approval of annual liquor, beer, wine and tobacco licenses
applications as submitted.
RESOLUTION 310-14 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
RESOLUTION 311-14 Approving applications for retail cigarette/tobacco sales permits,
as required by Iowa Code 453A.47A
Suggested Disposition: Receive and File; Adopt Resolution(s)
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ITEMS TO BE SET FOR PUBLIC HEARING
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1. Linseed Oil Amendment to Development Agreement 10/20/14
City Manager recommending that a public hearing be set for October 20, 2014, on
amending the Development Agreement with Wilmac Property Company for the property
located at 151 East 9th Street.
RESOLUTION 312-14 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 Obligations and the execution of an Amendment to the Development
Agreement between the City of Dubuque, Iowa and Betty Building, LLC, and providing
for the publication of notice thereof
Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for
10/20/14
2. 911 High Bluff Retaining Wall Project 11/3/14
City Manager recommending authorization for the public hearing procedure and special
assessment process for the 911 High Bluff Retaining Wall Repair Project, and further
recommends that a public hearing be set for November 3, 2014, to approve the final
assessment process.
RESOLUTION 313-14 Setting date of public hearing on special assessment
Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for
11/3/14
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BOARDS/COMMISSIONS — REVIEW OF APPLICATIONS
Applicants were invited to address the City Council regarding their desire to serve on
the following Boards/Commissions.
Community Development Advisory Commission
One, 3 year term through February 15, 2016 (Vacant term of Corken).
Applicant: Michelle Hinke, 973 Patricia Ann Dr.
Environmental Stewardship Advisory Commission:
One, 3 year term through October 1, 2017 (Vacant term of Bergum).
Applicant: Lalith Jayawickrama, 2360 Cherry St c
ads
BOARDS/COMMISSIONS — APPOINTMENT OF APPLICANTS
Appointments of Applicant(s). Appointment was made to the following commission.
Airport Commission
Two, 4 -year terms through September 14, 2018 (Expiring terms of Accinelli and Daoud
Applicants:
Steven Accinelli, 3007 Huntington Dr.;
R.J. Blocker, 880 Kane St.;
Dan Nicholson, 889 Walker St.
This commission is subject to the State of Iowa Gender Balance Law.
5 Commissioners total; currently 1 males/2 females/2 Pending Appointments
(2
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PUBLIC HEARINGS
SUSPEND THE RULES
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1. Upper Bee Branch Creek Restoration Project- 429 Rhomberg Avenue
Stabilization Project
Proof of publication on notice of public hearing to consider approval of plans,
specifications, form of contract, and estimated cost for the Upper Bee Branch Creek
Restoration Project- 429 Rhomberg Avenue Stabilization Project and the City Manager
recommending approval.
RESOLUTION 314-14 Approval of plans, specifications, form of contract, and estimated
cost for the 429 Rhomberg Stabilization Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
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2. Rockfarm Holdings, Inc. - Development Agreement and Property Acquisition
Proof of publication on notice of public hearing to consider approval of a Development
Agreement between the City of Dubuque and Rockfarm Holdings, Inc., and for the
acquisition of 4.28 acres in the Dubuque Technology Park Economic Development
District, and the City Manager recommending approval.
RESOLUTION 315-14 Approving a Development Agreement by and between the City of
Dubuque, Iowa and Rockfarm Holdings, Inc. providing for the sale of Lot 7 Block 2 of
Dubuque Technology Park in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
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REINSTATE THE RULES
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ACTION ITEMS
1. English Mill Water Main Extension Project. Approval of Specifications (Tabled
from September 15, 2014)
City Manager recommending approval of the plans, specifications, form of contract and
the estimated cost for the English Mill Road Water Main Extension Project.
RESOLUTION 316-14 Approval of specifications, form of contract, and estimated cost
for the English Mill Water Main Extension Project
Suggpsted Dispo ition: Remove from Table; Receive and File; Adopt Resolution(s)
Yays
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Nays
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2. English Mill Road Pumping Facility Project. Approval of Specifications (Tabled
from September 15, 2014)
City Manager recommending approval of the plans, specifications, form of contract and
the estimated cost for the English Mill Road Pumping Facility Project.
RESOLUTION 317-14 Approval of specifications, form of contract, and estimated cost
for the English Mill Road Pumping Facility Project
Suggested DispRsitiory_ Remove from Table; Receive and File, Adopt Resolution(s)
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3. English Mill Road Water Main Extension Project Award
City Manager recommending award of the contract for the English Mill Road Water Main
Extension Project to the low bidder, McClain Excavating Company, Inc.
RESOLUTION 318-14 Awarding public improvement contract for the English Mill Water
Main Extension Project CIP 7 40-2504
Suggeste Disposition: Receive and File; Adopt Resolution(s)
Yays
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Nays
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4. English Mill Road Pumping Facility Project Award
City Manager recommending award of the English Mill Road Pumping Facility Project
contract to the only bidder, Portzen Construction, Inc.
RESOLUTION 319-14 Awarding public improvement contract for the English Mill Road
Pumping Facility Project CIP 740-2504
Suggeste Dispositjo.rr Receive and File; Adopt Resolution(s)
Yaysf
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, Nays
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5. Kunkel & Associates(t Urban Revitalization Application
City Manager recommending approval of a resolution authorizing the submission of a
Business Financial Assistance Application by Kunkel & Associates, Inc., to the Iowa
Economic Development Authority.
RESOLUTION 320-14 Authorizing the filing of an application for state business financial
assistance on behalf of Kunkel & Associates, Inc.
Suggested Disposition: Receive and File; Adopt Resolution(s)
Yays
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Nays
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6. Code of Ordinances Amendment- Title 2 Arts and Cultural Affairs Advisory
Commission
City Manager approval of an ordinance which repeals Title 2, Chapter 8 Arts and
Cultural Affair Advisory Commission and adoption of a new Title 2, Chapter 8 which
establishes the Arts and Cultural Affairs Advisory Commission and provides for the
powers, operation, membership and meetings.
ORDINANCE 59-14 Amending City of Dubuque Code of Ordinances Title 2 Boards and
Commissions by repealing Chapter 8 Arts and Cultural Affairs Advisory Commission
and adopting a new Chapter 8 Arts and Cultural Affairs Advisory Commission in lieu
thereof establishing the Arts and Cultural Affairs Advisory Commission and providing for
the powers, operation, membership, and meetings
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Read'ngs
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Nays
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Braig
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Final Reading and Adopt
Yays
Nays
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7. Code of Ordinances Amendment. Title 5 Transit Advisory Board
City Manager recommending approval of an amendment to Code of Ordinances, Title 5
Transit Advisory Board that provides for additional definitions as recommended by the
Federal Transit Administration.
ORDINANCE 60-14 Amending City of Dubuque Code of Ordinances Title 5 Transit
System, Chapter 1 Transit Advisory Board; General Provisions, Section 5-1-14 Fare
Increase or Reduction in Service, Procedure by adding the definition for Substantial
Reduction in Service
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
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Lynch
Final Reading and Adopt
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Nays
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Connors
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Lynch
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8. Four Mounds HEART Program `s Memorandum of Understanding
City Manager recommending approval of a Memorandum of Understanding between the
City of Dubuque's Housing and Community Development Department and Four Mounds
Foundation for the Housing Education and Rehabilitation Training (HEART) Program.
Suggested Disposition: Receive and File; Approve
Yays
Nays
Resnick
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Jones
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9. Home Base Iowa Business
City Manager recommending approval for the City of Dubuque becoming a Home Base
Iowa Business and authorize the City Manager to sign the agreement.
Suggested Disposition: Receive and File; Approve
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Nays
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10. Hass Institute- Local and Regional Government Alliance on Race and Equity
City Manager recommending approval for the City of Dubuque to enter into a
Memorandum of Agreement with the Haas Institute and to join the Local and Regional
Government Alliance on Race and Equity.
Suggested Disposition: Receive and File; Approve
Yays .
Nays
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11. Final Plat of English Ridge Subdivision No. 6
City Manager recommending approval of the final plat of English Ridge Subdivision No.
6.
RESOLUTION 321-14 Authorizing approval of the Final Plat of English Ridge
Subdivision No. 6 in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
Yays
Nays
Resnick
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Braig
Buol
Connors
Jones
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12. East Dubuque Ambulance Assist- Medical Aid Agreement
City Manager recommending approval of an agreement for Paramedic Services with the
City of East Dubuque, Illinois.
Suggested Disposition: Receive and File; Approve
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Resnick
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13. Request for Work Session- Dubuque Metropolitan Area Solid Waste Agency
(DMASWA)
City Manager requesting that the City Council schedule a. Work Session for Monday,
October 20, at 5:30p.m. regarding the Dubuque Metropolitan Area Solid Waste
Agency's (DMASWA) overview of current Agency operations, plans for the future, and
need to borrow monies for upcoming capital projects.
Suggested Disposition: Receive and File; CGuneilV
Yays
Nays
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Sutton
Braig
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COUNCIL MEMBER REPORTS
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PUBLIC INPUT
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CLOSED SESSION .� p.m.
PenOing Litigation ,and Property Acquisition- Chapter 21.5(1 )(c), -(j) Code of Iowa
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ADJOURNMENT rr'{ p.m.
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