7 20 09 City Council Agenda with Icons
ROLL CALL ORDER
FOR MEETING OF
7/20/09
VOETBERG
BRAIG
BUOL
CONNORS
JONES
LYNCH
RESNICK
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
5:00 P.M. – WORK SESSION – EAST/WEST CONNECTIVITY STUDY
6:30 P.M. – REGULAR MEETING
HISTORIC FEDERAL BUILDING
MONDAY, JULY 20, 2009
Work Session - MVM Work Session - Staff Work Session -
MemoMemoPowerpoint
PLEDGE OF ALLEGIANCE
INVOCATION
Pastor Jennifer Meyer, Rockdale-Center Grove Methodist Church
CONSENT ITEMS
The consent agenda items are considered to be routine and non-controversial and all consent
items will be normally voted upon in a single motion without any separate discussion on a
particular item. If you would like to discuss one of the Consent Items, please go to the
microphone and be recognized by the Mayor and state the item you would like removed from
the Consent Agenda for separate discussion and consideration.
1. Minutes and Reports Submitted
Cable TV Teleprogramming Commission of 6/2; City Council of 7/6 and 7/9; Civil
Service Commission of 6/10; Historic Preservation Commission of 6/18 (Regular
Meeting and Worksession); Investment Oversight Advisory Commission of 4/22; Zoning
Advisory Commission of 7/1; Zoning Board of Adjustment of 6/25
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Investment Oversight Commission’s 64 Quarterly Report
Proofs of publication of City Council Proceedings of June 15, 23, and 30, 2009
Suggested Disposition: Receive and File
Cable TVCity Council of 7/6City Council of 7/9Civil ServiceHPC - Worksession
Investment Zoning AdvisoryZoning Bd of IOAC Quarterly
HPC - Regular Mtg
OversightAdjustmentReport
2. Notice of Claims/Suits
Camille Blackburn for vehicle damage; Paula Hammerand for personal injury; Marjorie
Meyer for property damage
Suggested Disposition: Receive and File; Refer to City Attorney
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: Katherine
Dietzel for vehicle damage; Marjorie Meyer for property damage; Camille Blackbourn for
vehicle damage; Paula Hammerand for personal injury
Suggested Disposition: Receive and File; Concur
Claims - ICAP
3. Agreement with Hillcrest Family Services
City Manager recommending approval of an agreement with Hillcrest Family Services
for the use of Murphy Park for a holiday light display.
Suggested Disposition: Receive and File; Approve
Hillcrest - MVM MemoHillcrest - Staff MemoHillcrest - Agreement
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4. Purchase of Property – 502 / 504 Rhomberg Avenue
City Manager recommending approval to purchase a residential dwelling located at 502/
504 Rhomberg Avenue as part of the acquisition program associated with the Bee
Branch Creek Restoration Project.
RESOLUTION
Approving the acquisition of real estate located at 502 / 504 Rhomberg
Avenue in the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
Rhomberg - MVM
Rhomberg - Staff Rhomberg -
Memo
MemoResolution
5. Citizen Communication
Communication from Patricia Haas urging the City to adopt the Proposed Ordinance
Section 5-2.1 regarding conditional uses for R-1 Dwellings, in particular Accessory
Dwelling Units.
Suggested Disposition: Receive and File
Haas Ltr
6. U.S. Department of Housing and Urban Development
Communication from the U.S. Department of Housing and Urban Development advising
that the Homelessness Prevention and Rapid Re-Housing Program Substantial
Amendment to the City’s Consolidated Plan 2008 Action Plan has been approved for
funding.
Suggested Disposition: Receive and File
HUD Letter
7. Iowa Great Places Grant
City Manager recommending approval of the submittal of the Iowa Great Places grant
application for the following projects: Streetscape and Public Space Improvements in
the Historic Millworking District; National Mississippi River Museum and Aquarium Great
River Center Phase II; and Installation of Windows in the Carnegie-Stout Library
Renovation
Suggested Disposition: Receive and File; Approve
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Grant - MVM MemoGrant - Staff MemoGrant - Application
8. PEG Capital Grant Expenditure Request
City Manager recommending approval of the Cable TV Tele-Programming Commission
recommendation for funding from the Public, Educational, and Government (PEG)
Capital Grant for Access Equipment and Facilities for up to $4,200 for a portable digital
recorder for recording of School Board meetings and other events.
Suggested Disposition: Receive and File; Approve
PEG - MVM Memo
PEG - Staff MemoPEG - Grant
Application
9. Eagle Point Water Plant West Clear Well Phase II Pipe Coating Project
City Manager recommending that the that the original contract offer awarded to K & W
Coating, LLC of Elkader, Iowa in the amount of $35,000 for the Eagle Point Water Plant
West Clear Well Phase II Pipe Coating Project be rescinded and a new contract be
awarded to the second low bidder, Superior Painting & Epoxy Coating, LLC of
Urbandale, Iowa in the amount of $36,256.
RESOLUTION
Rescinding Resolution No. 142-09 Awarding the Public Improvement
Contract for the Eagle Point Water Plant Clear Well Reservoir Phase II Rehabilitation
(Pipe Coating) Project to K & W Coating, LLC
RESOLUTION
Awarding the public improvement contract for the Eagle Point Water
Plant Clear Well Reservoir Phase II Rehabilitation (Pipe Coating) Project to Superior
Painting & Epoxy Coating, LLC
Suggested Disposition: Receive and File; Adopt Resolutions
Clear Well - MVM
Clear Well - Staff Clear Well -
Memo
MemoResolutions
10. Pennsylvania Avenue from IA 32 to Vizaleea Drive Safety Improvements
Project, Phase II
City Manager recommending award of the public improvement contract for the
Pennsylvania Avenue from IA 32 to Vizaleea Drive Safety Improvements Project to
McDermott Excavating in the amount of $310,221.51.
RESOLUTION
Awarding public improvement contract for the Pennsylvania Avenue
from IA 32 to Vizaleea Drive Safety Improvements Project
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Suggested Disposition: Receive and File; Adopt Resolution
Improvements - MVM Improvements - Improvements - Improvements - Bid Improvements - IIW
MemoStaff MemoResolutionTabLtr
11. Final Plat – Graf Farm
City Manager recommending approval of the final plat of Graf Farm Subdivision in
Dubuque County, Iowa.
RESOLUTION
Rescinding Resolution No. 362-08 and approving the final plat of Graf
Farms in Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
Final Platl - ZAC LtrFinal Plat - Final Plat - Vicinity Final Plat - Graf Farm - Final PlatFinal Plat - Staff
ApplicationMapResolutionMemo
12. Civil Service Commission
Civil Service Commission submitting the certified list for the position of Fire Equipment
Operator.
Suggested Disposition: Receive and File; Make a Matter of Record
Fire Equipment
Operator
13. Community Development Block Grant (CDBG) Fiscal Year 2010 Annual Action
Plan Amendment #1
City Manager recommending approval of the first amendment to the Fiscal Year 2010
Annual Action Plan.
RESOLUTION
Approving Amendment #1 to the Fiscal Year 2010 (Program Year 2009)
Annual Action Plan for Community Development Block Grant Funds
Suggested Disposition: Receive and File; Adopt Resolution
CDBG - MVM Memo
CDBG - Staff MemoCDBG - ResolutionCDBG - ExhibitCDBG Amendment
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14. 2009 Justice Assistance Grant (JAG)
City Manager recommending acceptance of the 2009 Justice Assistance Grant (JAG) in
the amount of $360,320.
Suggested Disposition: Receive and File; Approve
JAG - MVM Memo
JAG - Staff Memo
15. Alcohol Compliance – Civil Penalty for Alcohol License Holders
City Manager recommending approval of the Acknowledgement/Settlement Agreement
for a first offense alcohol compliance violation for Lot One.
Suggested Disposition: Receive and File; Approve
Alcohol - MVM Memo
Alcohol - Staff MemoLot One Acceptance
16. Delinquent Water, Sewer, Refuse and Storm Water Collection Accounts
City Manager recommending approval of the submission of delinquent water, sewer,
refuse and storm water collection accounts to the Dubuque County Treasurer.
RESOLUTION
Adopting the Schedule of Assessments for delinquent water, refuse,
sewer and storm water collection accounts and directing the Clerk to certify the
schedule of assessments to the County Treasurer and to publish notice thereof
Suggested Disposition: Receive and File; Adopt Resolution
Accounts - MVM Accounts - Staff Accounts - Accounts -
MemoMemoResolutionAssessments
17. Port of Dubuque Riverfront Marina Project
Communication from Brian J. Kane, representing Port of Dubuque Brewery
Development, LLC, advising that his client strongly prefers that the docks be
constructed in front of (or to the east of) the brewery building.
City Manager’s response to Brian J. Kane.
Suggested Disposition: Receive and File
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Kane LtrCity Manager's Ltr
18. Midwest High Speed Rail Association
City Manager recommending that the City join the Midwest High Speed Rail Association
(MHSRA), a membership-based, non-profit organization advocating the development of
fast, frequent and dependable passenger trains, at the $500 patron level.
Suggested Disposition: Receive and File; Approve
Midwest Rail - MVM Midwest Rail - ReportMidwest Rail - Midwest Rail - Map
MemoSponsors
19. Liquor License Transfer
Request of the Rotary Club to transfer their liquor license to the Alliant Energy Outdoor
Amphitheater on August 29, 2009 for the Irish Hooley event.
Suggested Disposition: Receive and File; Approve
20. Liquor / Tobacco Applications
City Manager recommending approval of annual liquor license renewals as submitted.
RESOLUTION
Granting the issuance of one new license to sell cigarettes to C & M
Chains and Things
RESOLUTION
Granting the issuance of five renewal licenses to sell cigarettes to Awn
Stop Mart, Dubuque Mining Company, Hammerheads Bar, Oky-Doky #14 and Pioneer’s
Rest Area
RESOLUTION
Granting the issuance of a Class “B” Beer Permit to Monkey Business
Family Fun; and a Class “C” Beer Permit to Road Ranger #161, Road Ranger #160,
Road Ranger #159, Oky Doky #6, Kwik Stop Food Mart, Oky Doky #14 and Kwik Star
#495
RESOLUTION
Granting the issuance of a Class “C” Beer/Liquor License to Walnut Tap;
Special Class “C” Liquor License to Bell Tower Productions; and a Class “B” Wine
Permit to Basket Expressions and Oky Doky #6; and a Class “WBN” Native Wine Permit
to Kwik Star #495
Suggested Disposition: Receive and File; Adopt Resolutions
Renewals - MVM
Renewals - Staff Resolution #1Resolution #2Resolution #3Resolution #4
Memo
Memo
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ITEMS TO BE SET FOR PUBLIC HEARING
These agenda items are being scheduled for a future public hearing on the date
indicated.
1. Slattery Center Lease – Dubuque Montessori School
City Manager recommending that a public hearing be set for August 3, 2009 to consider
leasing the Slattery Center in Flora Park to Montessori School.
RESOLUTION
of Intent to dispose of real property by lease agreement with Dubuque
Montessori School
Suggested Disposition: Receive and File; Adopt Resolution
Lease - MVM MemoLease - Staff MemoLease - ResolutionLease Agreement
2. Fire Station No. 4 – Door Replacement Project
City Manager recommending initiation of the public bidding process for the Fire Station
No. 4 – Door Replacement Project and that a public hearing be set for August 3, 2009.
RESOLUTION
Preliminary approval of plans, specifications, form of contract, and
estimated cost; setting date of public hearing on plans, specifications, form of contract,
and estimated cost; and ordering the advertisement for bids for the Fire Station No. 4 –
Door Replacement Project
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
8/3/09
Fire Station - MVM Fire Station - Staff Fire Station -
MemoMemoResolution
3. Garfield Retaining Wall Repair Project
City Manager recommending initiation of the public bidding process for the Garfield
Retaining Wall Repair Project and that a public hearing be set for August 3, 2009.
RESOLUTION
Preliminary approval of plans, specifications, form of contract, and
estimated cost; setting date of public hearing on plans, specifications, form of contract,
and estimated cost; and ordering the advertisement for bids for the Garfield Retaining
Wall Repair Project
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
8/3/09
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Retaining Wall - MVM Retaining Wall - Staff Retaining Wall -
MemoMemoResolution
4. Historic Shot Tower Rehabilitation Project
City Manager recommending initiation of the public bidding process for the Historic Shot
Tower Rehabilitation Project and that a public hearing be set for August 3, 2009.
RESOLUTION
Preliminary approval of plans, specifications, form of contract, and
estimated cost; setting date of public hearing on plans, specifications, form of contract,
and estimated cost; and ordering the advertisement for bids for the Historic Shot Tower
Rehabilitation Project
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
8/3/09
Shot Tower - MVM Shot Tower - Staff Shot Tower -
MemoMemoResolution
5. Storm Water Utility Revenue Capital Loan Notes
City Manager recommending that a public hearing be set for September 8, 2009 to
consider the issuance of not to exceed $1,000,000 Storm Water Utility Revenue Capital
Loan Notes.
RESOLUTION
Fixing date for a meeting on the authorization of a Loan and
Disbursement Agreement and the issuance of not to exceed $1,000,000 Storm Water
Utility Revenue Capital Loan Notes of Dubuque, Iowa and directing publication of notice
thereof
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
9/8/09
Storm Water - MVM Storm Water - Staff
Storm Water -
MemoMemo
Resolution
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BOARDS/COMMISSIONS
Applicants are invited to address the City Council regarding their desire to serve on the
following Boards/Commissions; applicant appointments will be made at the next City
Council meeting.
Civil Service Commission – Mayor Appointment
One 4-year term through April 6, 2012 (Term of Krueger)
Applicants:
Tom Rawson, 2310 Knob Hill Drive
John Stevens, 2215 Graham Circle
Elizabeth Takes, 1245 Dunleith Court
Transit Board of Trustees
One 3-year term through July 30, 2012 (Term of Stedman)
Applicants:
Thomas Croissant, 444 Angella Street, #8
Matthew Esser, 90 Main Street, #201
Appointments to the following Boards/Commissions:
Building Code Board of Appeals
Two 3-year terms through August 1, 2012 (Terms of Carr and Luchsinger) At-large and
General Contractor requirements
Applicants:
Richard Luchsinger, 2875 Brueck Road (At-Large Reappointment)
Chuck Carr, 1705 Kathy Drive (General Contractor reappointment)
Library Board of Trustees – Mayor Appointment
Three 4-year terms referenced with expiration dates contingent upon proposed ordinance
which will re-stagger terms: 2 terms through July 1, 2010; and 1 term through July 1, 2013
(Terms of Guns, Kolz, and Willis)
Applicants:
Diann Guns, 1715 Diane Court (Seeking reappointment through July 1, 2010)
Beverly Kolz, 2206 Simpson Street (Seeking reappointment through July 1, 2010)
Gail Murphy, 3096 Oak View Court (First-time applicant)
Lorri Regan, 2659 Queen Street (First-time applicant)
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Mike Willis, 1365 West 5 Street (Seeking reappointment through July 1, 2013)
Civil Service Transit Applications
Bd and Comm ListOverview SheetBuilding Code Library Board
Applications
ApplicationsApplications
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PUBLIC HEARINGS
Citizens are invited to address the City Council regarding the following agenda items.
Please come to the podium and state your name and address when the item you wish to
speak to is being considered.
SUSPEND THE RULES
1. Request to Rezone – University Avenue between Ethel and Prysi Streets
Proof of publication on notice of public hearing to consider a request from Tom Kluck to
rezone property located north of the University Avenue and Ethel Street intersection
from OR Office Residential District to PUD Planned Unit Development District with a PR
Planned Residential District designation and adopting a conceptual development plan
and Zoning Advisory Commission recommending approval.
ORDINANCE
Amending Appendix A (The Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter described property located north of the
University Avenue and Ethel Street intersection from OR Office Residential District to
PUD Planned Unit Development District with a PR Planned Residential District
designation and adopting a conceptual development plan
Suggested Disposition: Receive and File; Motion B; Motion A
Rezoning - ZAC LtrRezoning - Rezoning - Vicinity Rezoning - Conceptual Dev PlanPreliminary Site Plan
ApplicationMapOrdinance
Rezoning - Staff Suggested Motion
Memo
2. Water Revenue Capital Loan Notes
Proof of publication on notice of public hearing to consider the issuance of not to exceed
$8,000,000 Water Revenue Capital Loan Notes and City Manager recommending
approval.
RESOLUTION
Instituting proceedings to take additional action for the authorization of a
loan and disbursement agreement and the issuance of not to exceed $8,000,000 Water
Revenue Capital Loan Notes
Suggested Disposition: Receive and File; Adopt Resolution
Loan Notes - MVM Loan Notes - Staff
Loan Notes -
MemoMemo
Resolution
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Material from July 6, 2009 City Council Meeting
Loan Notes - MVM Loan Notes - Staff Loan Notes -
MemoMemoResolution
3. Iowa 32 Hike / Bike Trail Phase 2 Project
Proof of publication on notice of public hearing to consider the plans, specifications,
form of contract, and estimated cost for the Iowa 32 Hike / Bike Trail Phase 2 Project
and City Manager recommending approval.
RESOLUTION
Approving plans, specifications, form of contract, and estimated cost for
the Iowa 32 Hike / Bike Trail Phase 2 Project
Suggested Disposition: Receive and File; Adopt Resolution
Iowa 32 - MVM MemoIowa 32 - Staff Iowa 32 - Resolution
Memo
Material from July 6, 2009 City Council Meeting
Iowa 32 - MVM MemoIowa 32 - Staff Iowa 32 -
MemoResolutions
4. Trail Project at Bergfeld Recreation Area
Proof of publication on notice of public hearing to consider the plans, specifications,
form of contract and estimated cost for the Trail Project at Bergfeld Recreation Area and
City Manager recommending approval.
RESOLUTION
Approving plans, specifications, form of contract, and estimated cost for
the Trail Project at Bergfeld Recreation Area
Suggested Disposition: Receive and File; Adopt Resolution
Trail Project - Aerial
Trail Project - MVM Trail Project - Staff Trail Project -
Map
MemoMemoResolution
Material from July 6, 2009 City Council Meeting
Trail Project - MVM Trail Project - Staff Trail Project -
MemoMemoResolutions
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5. E.B. Lyons Nature Center Addition Project
Proof of publication on notice of public hearing to consider the plans, specifications,
form of contract and estimated cost for the E.B. Lyons Nature Center Addition Project
and City Manager recommending approval.
RESOLUTION
Approving plans, specifications, form of contract, and estimated cost for
the E.B. Lyons Nature Center Addition Project
Suggested Disposition: Receive and File; Adopt Resolution
E.B. Lyons - MVM E.B. Lyons - Staff E.B. Lyons -
MemoMemoResolution
Material from July 6, 2009 City Council Meeting
E.B. Lyons - MVM E.B. Lyons - Staff E.B. Lyons -
MemoMemoResolutions
thth
6. Locust Street Resurfacing – 9 to 17 Streets Project
Proof of publication on notice of public hearing to consider the plans, specifications,
thth
form of contract and estimated cost for the Locust Street Resurfacing – 9 to 17
Streets Project and City Manager recommending approval.
RESOLUTION
Approving plans, specifications, form of contract, and estimated cost; for
the E.B. Lyons Nature Center Addition Project
Suggested Disposition: Receive and File; Adopt Resolution
Locust St - MVM Locust St - Staff Locust St -
MemoMemoResolution
Material from July 6, 2009 City Council Meeting
Locust St - MVM Locust St - Staff Locust St -
MemoMemoResolution
REINSTATE THE RULES
This action limits discussion to the City Council.
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ACTION ITEMS
These are items where discussion is held by the City Council – public comments are not
allowed except as authorized by the Mayor.
1. Request to Address the City Council – Open Meetings
Request of June E. Strueber to address the City Council regarding the open meetings
law.
Suggested Disposition: Receive and File; Council
Strueber Ltr
2. Request to Address the City Council – Dog Park
Request of Toni Kretschmer to address the City Council regarding the dog park.
Suggested Disposition: Receive and File; Council
Kretschmer Ltr
3. Dubuque County Historical Society
Request of Jerry Enzler, National Mississippi River Museum and Aquarium, to address
the City Council regarding a Resolution of Support for the Historical Society’s
application to the Vision Iowa’s River Enhancement Community Attraction and Tourism
Program (RECAT).
City Manager recommending approval of the Resolution of Support for the Historical
Society’s application to the Vision Iowa’s River Enhancement Community Attraction and
Tourism Program (RECAT).
RESOLUTION
of Support
Suggested Disposition: Receive and File; Adopt Resolution
DCHS LetterDescription of Plaza - Labeled
Resolution of Ltr to Vision IowaDCHS - MVM Memo
Activities
Support
4. Fiscal Year 2010 Dubuque County REAP Plan
City Manager recommending approval of the City of Dubuque’s update of the Fiscal
Year 2010 Dubuque County REAP Plan, submittal of the Fiscal Year 2010 REAP grant
application for installation of the Iowa 32 Bike / Hike Trail – Phase 3 Project and
appointment of a City Council representative (currently Council Member Joyce Connors)
to the REAP Committee.
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Suggested Disposition: Receive and File; Approve; Council Appointment
REAP - MVM MemoREAP - REAP - Bd of Supv REAP - Meeting REAP - Minutes
REAP - Staff Memo
QuestionnaireLtrNotice
REAP - MembershipREAP Plans
REAP - Application
5. Restriction of All-Terrain Vehicles (ATV) Use
City Manager recommending that the use of ATVs be restricted to private property of
not less than one acre in size, and only between sunrise and sunset, and only with the
written permission of the property owner if the property owner is not the owner of the
ATV.
ORDINANCE
Amending Chapter 32 (Motor Vehicles and Traffic) of the City of Dubuque
Code of Ordinances by amending Section 32.4 All-Terrain Vehicles to prohibit use of all-
terrain vehicles on property less than one acre
Suggested Disposition: Receive and File; Motion B; Motion A
ATVs - MVM MemoATVs - Staff MemoATVs - OrdinanceATVs - Police Memo
Suggested Motion
6. Dubuque Sister City Relationship
City Manager recommending that the City Council solicit two City Council Member
volunteers to recruit members for a public/private partnership Sister City Committee and
then agree to serve on that committee.
Suggested Disposition: Receive and File; Approve
Sister City - MVM Sister City - Staff
MemoMemo
COUNCIL MEMBER REPORTS
PUBLIC INPUT
At this time, anyone in the Council Chambers may address the Council on matters which are of
concern to that person and which are not an agenda item. Please take your place at the
microphone and state your name and address clearly. Proceed with your comments; however,
no formal action may be taken at this time on your comments because of the notice
requirements of the Iowa Open Meetings Law.
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CLOSED SESSION
Pending Litigation and Property Acquisition – Chapter 21.5(1)(c)(j) 2007 Code of Iowa
Jeanne F. Schneider
July 16, 2009
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