Minutes_City Council Proceedings 4 17 17 Copyrighted
May 1, 2017
City of Dubuque Consent Items # 1.
ITEM TITLE: Minutes and Reports Submitted
SUMMARY: City Council proceedings of 4/17, 4/24; Community
Development Advisory Commission of 3/21 ; Historic
Preservation Commission of 4/20; Transit Advisory Board
of 4/13; Proof of Publication for City Council proceedings
of 4/3, 4/10
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File
ATTACHMENTS:
Description Type
City Council Proceedings of 4/17/17 Supporting Documentation
City Council Proceedings of 4/24/17 Supporting Documentation
Community Development Advisory Commission Minutes Supporting Documentation
of 3/21/17
Historic Preservation Commmission Minutes of 4/20/17 Supporting Documentation
Transit Advisory Board Minutes of 4/13/17 Supporting Documentation
Proof of Publication for City Council Proceedings of Supporting Documentation
4/3/17
Proof of Publicaton for City Council Proceedings of Supporting Documentation
4/10/17
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:00 p.m. on April 17, 2017 in the
Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Connors, Del Toro, Jones, Resnick, Rios; City
Manager Van Milligen, City Attorney Brumwell
Absent: Council Member Lynch
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
PRESENTATION
1 . Dubuque Eagles' Eyes on the Future: Michael Duehr of the Fraternal Order of Eagles
introduced 14 members of the Eyes on the Future Youth Committee with mention to those
unable to attend.
PROCLAMATION(S)
1 . Arbor Day (April 28, 2017) was accepted by Laura Roussell, 3224 Bittersweet Ln.,
with representatives of Dubuque Trees Forever.
2. Dubuque Days of Caring (April 28, 2017) was accepted by Dubuque Days of Caring
Chairperson Jessy Ehrlich.
CONSENT ITEMS
Motion by Connors to receive and file the documents, adopt the resolutions, and
dispose of as indicated. Seconded by Jones. Council Member Resnick requested #11
U.S. Postal Service Parking Purchase Agreement be held for separate discussion. Motion
carried 6-0.
1 . Minutes and Reports Submitted: Cable TV Commission of 4/5; City Council
Proceedings of 4/3, 4/10; Five Flags Civic Center Commission of 3/27; Historic
Preservation Commission of 3/16; Human Rights Commission of 3/13; Long Range
Planning Advisory Commission of 3/15; Resilient Community Advisory Commission of
4/6; Zoning Advisory Commission of 4/5; Proof of Publication for City Council.
Proceedings of 3/20. Upon motion the documents were received and filed.
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2. Notice of Claims and Suits: Lindsy Nadermann for property damage; Gene Allen
Ninneman for property damage; and Jade Wiegel for vehicle damage. Upon motion the
documents were received and 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: Lindsy Nadermann for property damage; Gene Ninneman for property
damage; and Jade Wiegel for vehicle damage. Upon motion the documents were
received, filed and concurred.
4. Bee Branch Creek Grand Opening Invitation: City Manager providing the invitation
for the Bee Branch Creek grand opening on Wednesday, July 19, 2017 at the Bee Branch
Amphitheater. Upon motion the document was received and filed.
5. Consent Decree Semi Annual Report March 31 , 2017: City Manager transmitting
the March 31 , 2017 Semi Annual Consent Decree Report that has been submitted to the
United State Environmental Protection Agency as required by the Consent Decree. Upon
motion the documents were received and filed.
6. Request for Proposal - Water Meter Replacement Project - Vernon Water System
and Barrington Lakes Subdivision: City Manager recommending approval to issue a
Request for Proposal for the Westside Water System Improvements, Water Meter
Replacement Project that would solicit bids from Iowa licensed plumbing contractors to
replace the existing approximately 320 water meters with the current City of Dubuque
water meter system hardware in Cedar Crest, Key City, Wildwood Estates Subdivisions
(known as the Vernon Water System) and Barrington Lakes Subdivision.
7. Greater Downtown Urban Renewal District Amendment - Resolution Nunc Pro Tunc:
City Manager recommending approval of a Resolution correcting the legal description in
the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban
Renewal District adopted March 6, 2017. Upon motion the documents were received and
filed and Resolution No. 90-17A Nunc Pro Tunc correcting and amending a scrivener's
error in certain legal descriptions included in the Amended and Restated Urban Renewal
Plan for the Greater Downtown Urban Renewal District was adopted.
8. South Pointe Housing Urban Renewal Area - Resolution Nunc Pro Tunc: City
Manager recommending approval of a Resolution correcting the legal description in the
Urban Renewal Plan for the South Pointe Housing Urban Renewal Area adopted March
11 , 2017. Upon motion the documents were received and filed and Resolution No. 101-
17A Nunc Pro Tunc correcting and amending a scrivener's error in certain legal
descriptions included in the Urban Renewal Plan for the South Pointe Housing Urban
Renewal District was adopted.
9. Derby Grange Road Housing Urban Renewal Area - Resolution Nunc Pro Tunc: City
Manager recommending approval of a resolution correcting the legal description in the
Urban Renewal Plan for the Derby Grange Road Housing Urban Renewal Area adopted
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April 3, 2017. Upon motion the documents were received and filed and Resolution No.
133-17A Nunc Pro Tunc Correcting and amending a scrivener's error in certain legal
descriptions included in the Urban Renewal Plan for the Derby Grange Road Housing
Urban Renewal District was adopted.
10. Property Exchange Agreement - Creek Wood Park: City Manager recommending
approval of the Property Exchange Agreement with Jeff and Jill Reimer exchanging
ownership of Lot 1-2 Timber-Hyrst Place #2 (currently owned by the City of Dubuque) for
Lot 2 Timber-Hyrst Place No. 8 (currently owned by the Reimers). Upon motion the
documents were received and filed and Resolution No. 137-17 Approving a Property
Exchange Agreement with Jeff and Jill Reimer for the exchange of certain real property
in Dubuque County, Iowa located along Creek Wood Drive was adopted.
11 . U.S. Postal Service - Parking Purchase Agreement: City Manager recommending
approval of an Agreement of Purchase and Sale to purchase the 8,474-square foot
parking lot located at the corner of Locust and 5th Streets from the U.S. Postal Service.
Motion by Resnick to receive and file the documents and adopt Resolution No. 138-17
Approving an Agreement for the Purchase of Real Estate in the City of Dubuque, Iowa
commonly referred to as The Historic Federal Building Post Office Parking Lot from the
United States Postal Service. Seconded by Connors. Resnick relayed concerns
expressed by the owner of the Redstone Inn about the difficulties with parking in the area,
the need for assistance with parking, and the hope of purchasing the lot prior to learning
of the agreement. Motion carried 6-0.
12. Circles® USA Contract: City Manager recommending approval of a one year
contract with Circles® USA for use of the Circles® brand and consulting services for the
Dubuque Circles® Initiatives. Upon motion the documents were received, filed and
approved.
13. Pre-Annexation Agreement - Michael J. and Rebecca M. McMahon (Twin Ridge
Subdivision): City Manager recommending approval of a Pre-Annexation Agreement with
Michael J. and Rebecca M. McMahon, property owners of Lots 2 and 3 in Twin Ridge
Subdivision No. 5. Upon motion the documents were received and filed and Resolution
No. 139-17 Approving a Pre-Annexation Agreement between the City of Dubuque, Iowa
and Michael J. and Rebecca M. McMahon was adopted.
14. Pre-Annexation Agreement -Troy M. and Theresa A. Budde (Key West Drive): City
Manager recommending approval of a Pre-Annexation Agreement with Troy M. and
Theresa A. Budde, for property located at 10906 Key West Drive. Upon motion the
documents were received and filed and Resolution No. 140-17 Approving a Pre-
Annexation Agreement between the City of Dubuque, Iowa and Troy M. and Theresa A.
Budde was adopted.
15. Five Flags Civic Center - Fiscal Year 2017 Detailed Operating Budget: City
Manager recommending approval of the detailed Fiscal Year 2017 Operating Budget for
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the Five Flags Civic Center submitted by SMG. Upon motion the documents were
received, filed and approved.
16. Civil Service Commission: Civil Service Commission submitting the Certified Lists
for the positions of Water Plant Operator and Public Works Field Supervisor. Upon motion
the documents were received, filed and made a Matter of Record.
17. Approval of Plat of Survey - 1065 Jackson Street Right-of-Way: City Manager
recommending approval of the Plat of Survey of Lot 1 and Lot 2 of City Lot 386A to
facilitate the construction of the proposed deck and access ramp improvements at 1065
Jackson Street for SR Jackson Real Estate, LLC. Upon motion the documents were
received and filed and Resolution No. 141-17 Approving Plat of Proposed Vacated Right-
of-Way of a portion of Jackson Street adjacent to City Lots 384, 385, 386, 387, and the
South Half of 388, said right of way being a part of City Lot 386A, in the City of Dubuque,
Iowa was adopted.
18. Iowa Department of Transportation (IDOT) - Transit Consolidated Funding
Application: City Manager recommending approval of the submittal of the Consolidated
Funding Application to the Iowa Department of Transportation for The Jule's annual
operating and maintenance allocations, the Lobbying Cost Certificate, Certificate of Cost
Allocation Plan and Authorizing Resolution. Upon motion the documents were received
and filed and Resolution No. 142-17 Approval of Grant Application to Iowa DOT for
Consolidated Funding was adopted.
19. Master Licensing Agreement (MLA)with Mobilitie/Network Technology IA LLC: City
Manager recommending approval of a Master Licensing Agreement with
Mobil itie/Network Technology IA LLC, which represents one portion of a comprehensive
strategy to improve the connectivity of Dubuque through new broadband and wireless
investments. Upon motion the documents were received, filed and approved.
20. Proposed Incentive to Assist Downtown Building Owners with Fire Escape
Compliance: City Manager recommending approval of an amendment to the Downtown
Fagade Program to include eligibility for financial assistance to repair exterior fire
escapes. Upon motion the documents were received, filed and approved.
21 . Southwest Arterial Project Consultant Professional Services Supplemental
Agreement: City Manager recommending Council approval of a Resolution authorizing
the City Managerto execute a supplemental agreement with AECOM Technical Services,
Inc. which approves revisions to the original scope of services to the Consultant
Professional Services Contract to complete the final engineering design phase of the
Southwest Arterial Project. Upon motion the documents were received and filed and
Resolution No. 143-17 Approving the Consultant Professional Services - Supplemental
Agreement No. 18 between AECOM Technical Services, Inc. and the City of Dubuque for
the completion of final Engineering Design Phase of the Southwest Arterial Project was
adopted.
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22. Signed Contracts: Five Flags Study and Assessment Contract with Conventions,
Sports, and Leisure (CSL); Release of Real Estate Mortgage for Jorja Moore, 890 Iowa
Street. Upon motion the documents were received and filed.
23. Alcohol and Tobacco Applications: City Manager recommending approval of
annual liquor, beer, wine and tobacco license applications as submitted. Upon motion the
documents were received and filed and Resolution No. 144-17 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. 144-17A Approving applications for
retail cigarette/tobacco sales/nicotine/vapor permits, as required by Iowa Code Chapter
453A.47A were adopted.
ITEMS SET FOR PUBLIC HEARING
The 2017 Sanitary Sewer Cured-in-Place Pipe (CIPP) Lining Project was removed
from the agenda prior to motion.
Motion by Jones 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 6-0.
1 . Vacating Petition - 1065 Jackson Street Right-of-Way: City Manager recommending
that a public hearing be set for May 1 , 2017, on the disposition of the City's interest in
Jackson Street right-of-way between 10th Street and 11th Street adjacent to SR Jackson
Real Estate, LLC warehouse building, 1065 Jackson Street. Upon motion the documents
were received and filed and Resolution No. 145-17 Resolution of Intent to vacate and
dispose of City interest in a portion of Jackson Street adjacent to City Lots 384, 385, 386,
387, and the south half of 388, said right of way being a part of City Lot 386A, in the City
of Dubuque, Iowa to SR Jackson Real Estate LLC was adopted setting a public hearing
for a meeting to commence at 6:00 p.m. on May 1 , 2017 in the Historic Federal Building.
2. 2017 Sanitary Sewer Cured-in-Place Pipe (CIPP) Lining Project: This item was
removed from the agenda.
3. 2017 Pavement Marking Project: City Manager recommending that the City Council
grant preliminary approval of the construction plans and specifications, and establish May
1 , 2017, as the date for public hearing for the 2017 Pavement Marking Project. Upon
motion the documents were received and filed and Resolution No. 146-17 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 was adopted setting a public hearing for a meeting to
commence at 6:00 p.m. on May 1 , 2017 in the Historic Federal Building.
BOARDS/COMMISSIONS
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Appointments were made to the following boards/commissions.
1 . Civil Service Commission: One, 3-year term through April 6, 2020 (Expiring term of
White). Applicant: Daniel White, 2919 Elm St. Upon City Council concurrence, Mayor Buol
appointed Daniel White to a 3-year term through April 6, 2020.
2. Community Development Advisory Commission: One, 3-year term through February
15, 2020 (Expiring At-Large Term of James. Applicant: Lindsay James, 2494 Pearl St.
Motion by Connors to appoint Lindsay James to a 3-year term through February 15, 2020.
Seconded by Del Toro. Motion carried 6-0.
3. Mediacom Charitable Foundation: One, 1-year term through December 31 , 2017
(Expired Term of Twining). Applicant: Constance Twining, 421 N. Booth St. Motion by
Connors to appoint Constance Twining to a 1-year term through December 31 , 2017.
Seconded by Resnick. Motion carried 6-0.
PUBLIC HEARINGS
1 . Request to Rezone - Northwest Corner of Asbury Road and Evergreen Drive: Proof
of publication on notice of public hearing to consider approval of a request from Rick
Ehrlich to rezone property located at the northwest corner of Asbury Road and Evergreen
Drive from R-2 Two-Family Residential to OR Office Residential, to construct a building
to accommodate a home office and the Zoning Advisory Commission recommending
approval. Motion by Connors to receive and file the documents and that the requirement
that a proposed ordinance be considered and voted on for passage at two Council
meetings prior to the meeting at which it is to be passed be suspended. Seconded by Del
Toro. Rick Ehrlich, 558 Mill Run spoke in support of the request. Planning Services
Manager Laura Carstens provided a staff report. Mr Ehrlich and Ms. Carstens responded
to question from the City Council regarding off-street parking, modifications to the
structure, and concerns about how business might impact the area if the property is sold
in the future. Motion carried 6-0.
Motion by Connors for final consideration and passage of Ordinance No. 15-17
Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development
Code, by reclassifying hereinafter described property located at the northwest corner of
Asbury Road and Evergreen Drive from R-2 Two-Family Residential District to OR Office
Residential District. Seconded by Resnick. Motion carried 6-0.
2. Lower Bee Branch Creek Restoration Project - Floating Island Project Initiation:
Proof of publication on notice of public hearing to consider approval of plans,
specifications, form of contract and construction estimate for the Lower Bee Branch Creek
Floating Island Project in the 16th Street Detention Basin and the City Manager
recommending approval. Motion by Connors to receive and file the documents and adopt
Resolution No. 147-17 Approval of plans, specifications, form of contract and estimated
cost for the Lower Bee Branch Creek Floating Island Project. Seconded by Del Toro.
Motion carried 5-1 with Del Toro voting nay.
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3. Proposed Jule Transit Service Reductions and Changes: Proof of publication on
notice of public hearing to consider approval of selected reductions and changes to the
Jule Transit fixed-route service and schedules and the City Manager recommending
approval. Staff made a presentation. Motion by Del Toro to receive and file the
documents, listen to the presentation and adopt Resolution No. 148-17 Accepting fixed-
route service reductions. Seconded by Connors. Transit Manager Candace Eudaley
provided a slide presentation that summarized the reductions and expansions; planning
process; IBM Smarter Travel, ridership and route data; and planned outreach. Motion
carried 6-0.
4. State Revolving Fund (SRF) Loan Environmental Review for Westside Water
System Improvements Project: Proof of publication on notice of public hearing to discuss
the results of the environmental review as provided by the State Revolving Fund's
Department of Natural Resources for the Westside Water System Improvements Project.
directing staff to submit the required documentation and the City Manager recommending
approval. Motion by Jones to receive and file the documents and adopt Resolution No.
149-17 Approval of Environmental Review as provided by SRF's Department of Natural
Resources for the Westside Water System Improvement Project. Seconded by Resnick.
Motion carried 6-0.
ACTION ITEMS
1 . Award of Contract - Westside Water System Improvements - English Mill and North
Cascade Road Water Main Extension and the English Mill Road Pump Station: City
Manager recommending award of Contract A: English Mill and North Cascade Road
Water Main Extension to the apparent low bidder Portzen Construction, and the award of
Contract B English Mill Road Pump Station to the apparent low bidder Portzen
Construction subject to the approval of the Department of Natural Resources State
Revolving Fund Agency. Motion by Connors to receive and file the documents and adopt
Resolution No. 150-17 Awarding public improvement contract for Westside Water System
Improvements - English Mill and North Cascade Road Water Main Extension and the
English Mill Road Pump Station Project. Seconded by Jones. Motion carried 6-0.
2. Code of Ordinances Amendment -Title 14 Housing Board of Appeals: City Manager
recommending approval of an ordinance which adjusts a reference to the Housing Code
Appeals Board following the adoption of the International Property Maintenance Code
and the repeal of the former Housing Code. Motion by Jones to receive and file the
documents and that the requirement that a proposed ordinance be considered and voted
on for passage at two Council meetings prior to the meeting at which it is to be passed
be suspended. Seconded by Connors. Motion carried 6-0.
Motion by Jones for final consideration and passage of Ordinance No. 16-17 Amending
City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1
Building Codes, Article J Property Maintenance Code, Section 14-1J-3 Rental Licenses
by replacing the reference to "Housing Code Appeals Board" with "Housing Board of
Appeals." Seconded by Del Toro. Motion carried 6-0.
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3. Greater Downtown Urban Renewal District Amendment - Ordinance Correction: City
Manager recommending approval of an ordinance correcting the legal description in the
Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal
District adopted March 6, 2017. Motion by Connors to receive and file the documents and
that the requirement that a proposed ordinance be considered and voted on for passage
at two Council meetings prior to the meeting at which it is to be passed be suspended.
Seconded by Del Toro. Motion carried 6-0.
Motion by Connors for final consideration and passage of Ordinance No. 6-17A
Correcting and amending Ordinance No. 6-17, Providing that general property taxes
levied and collected each year on all Property Located within the Greater Downtown
Urban Renewal District of the City of Dubuque, County of Dubuque, State of Iowa, by and
for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque
Community School District, and other Taxing Districts, be paid to a special fund for
payment of principal and interest on loans, monies advanced to and indebtedness,
including bonds issued or to be issued, incurred by said City in connection with the
Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal
District. Seconded by Del Toro. Motion carried 6-0.
4. South Pointe Housing Urban Renewal Area - Ordinance Correction: City Manager
recommending approval of an Ordinance correcting the legal description in the Urban
Renewal Plan for the South Pointe Housing Urban Renewal Area adopted March 20,
2017. Motion by Jones to receive and file the documents and that the requirement that a
proposed ordinance be considered and voted on for passage at two Council meetings
prior to the meeting at which it is to be passed be suspended. Seconded by Connors.
Motion carried 6-0.
Motion by Jones for final consideration and passage of Ordinance No. 11-17A
Correcting and amending Ordinance No. 11-17, providing that general property taxes
levied and collected each year on all property located within the South Pointe Housing
Urban Renewal Area of the City of Dubuque, County of Dubuque, State of Iowa, by and
for the benefit of the State Of Iowa, City of Dubuque, County of Dubuque, Dubuque
Community School District, and other Taxing Districts, be paid to a special fund for
payment of principal and interest on loans, monies advanced to and indebtedness,
including bonds issued or to be issued, incurred by said City in connection with the Urban
Renewal Plan for the South Pointe Housing Urban Renewal Area. Seconded by Connors.
Motion carried 6-0.
5. Derby Grange Road Housing Urban Renewal Area - Ordinance Correction: City
Manager recommending approval of an Ordinance correcting the legal description in the
Urban Renewal Plan for the Derby Grange Road Housing Urban Renewal Area adopted
April 3, 2017. Motion by Connors to receive and file the documents and that the
requirement that a proposed ordinance be considered and voted on for passage at two
Council meetings prior to the meeting at which it is to be passed be suspended. Seconded
by Resnick. Responding to questions from the City Council, City Attorney Brumwell
explained that legal descriptions will now be reviewed by the County Auditor's Office for
accuracy prior to City Council approval. Motion carried 6-0.
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Motion by Connors for final consideration and passage of Ordinance No.14-17A
Correcting and amending Ordinance No. 14-17, Providing that general property taxes
levied and collected each year on all property located within the Derby Grange Road
Housing Urban Renewal Area of the City of Dubuque, County of Dubuque, State of Iowa,
by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque
Community School District, and other Taxing Districts, be paid to a special fund for
payment of principal and interest on loans, monies advanced to and indebtedness,
including bonds issued or to be issued, incurred by said City in connection with the Urban
Renewal Plan for the Derby Grange Road Housing Urban Renewal Area. Seconded by
Resnick. Motion carried 6-0.
6. City Council Salary Compensation Review Process Initiation: City Clerk submitting
information for initiating the process of reviewing City Council salary compensation
beginning January 1 , 2018. Motion by Connors to receive and file the documents and
direct the City Clerk to begin the process. Seconded by Resnick. Mayor Buol reiterated
that City Council Members should provide the name of their task force representative to
the City Clerk by May 1 , 2017. Motion carried 6-0.
7. Request for Quarterly Sustainable Dubuque Work Session: City Manager
recommending that the City Council schedule a Sustainable Dubuque Quarterly Work
Session for Monday, May 8, 2017 at 6:00 p.m. Motion by Connors to receive and file the
documents and set the work session as recommended. Seconded by Jones. Motion
carried 6-0.
COUNCIL MEMBER REPORTS
Council Member Jones expressed sympathies on behalf of the City Council to Council
Member Kevin Lynch on the death of his brother and on the death of Special Olympics
organizer and community leader Paul Gorrell.
CLOSED SESSION
Motion by Jones to convene in closed session at 7:07 p.m. to discuss pending litigation
and real estate transfer negotiations pursuant to Chapter 21 .5(1)(c), -Q) Code of Iowa.
Seconded by Connors. Mayor Buol stated for the record that the attorney who will consult
with City Council on the issues to be discussed in closed session is City Attorney Crenna
Brumwell. Motion carried 6-0.
Upon motion, the City Council reconvened in open session at 7:35 p.m. stating that
staff had been given proper direction.
There being no further business, upon motion the City Council adjourned at 7:36 p.m.
/s/Kevin S. Firnstahl, CMC
City Clerk
1 t 4/26
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