8 17 09 Clerk's Skeleton Notes and Meeting CallTO: JEANNE F. SCHNEIDER
CITY CLERK
YOU ARE HEREBY DIRECTED TO CALL THE REGULAR SESSION OF THE
CITY COUNCIL TO BE HELD ON MONDAY, AUGUST 17, 2009, AT 6:30 P.M., IN
THE HISTORIC FEDERAL BUILDING TO ACT UPON SUCH BUSINESS THAT MAY
PROPERLY COME BEFORE THE COUNCIL.
F~ / ////v
~!/ `'s
i~ V~
ROY Dl/BUOL
MAYOR
Consent Agenda is on pages 1 through 6.
E.
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CITY COUNCIL REGULAR SESSION, AUGUST ':p; 2009
COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN THE HISTORIC FEDERAL
UILDING
Mayor Buol read the call and stated this is a regular session of the City Council to act upon
such business that may properly come before the City Council.
PLEDGE OF ALLEGIANCE
INVOCATION: Pastor Terry Bemis, Assembly of God Church
PROCLAMATIONS:
:~
Irish Hooley Day (August 29, 2009) ~.-'~ ~°~ ' ~% -~~ „s , ',-~~'~-`e ~-"f
Tour de Dubuque Day (August 29, 2009) `~
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C®NSENT I1°EI~S
1.
2
ayes
Braig
,, `` BUOI
` ~,, Connors
m°` ; ~ ,Jones
~~ '~ Lynch
~f
{~ Resnick
~~° Voetberg
IVlinutes and Reports Submitted
Nays
`~ ~
¢, f
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Cable TV Teleprogramming Commission of 5/12 and 7/7; City Council of 8/3; Civil
Service Commission of 7/10; Library Board of Trustees of 5/28 and 6/15; Park and
Recreation Commission of 7/14; Transit Board of Trustees of 5/14; Zoning Advisory
Commission of 8/5
Proofs of publication of City Council Proceedings of July 9 and 20, 2009
Official Proceedings of the City Council for 2008
Suggested Disposition: Receive and File
Notice of Claims/Suits
Linda Beau for vehicle damage; Progressive Northern Insurance Company
(representing John L. Walker) for vehicle damage; Albert A. Weidenbacher for vehicle
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: Linda Beau for
vehicle damage; Progressive Northern Insurance Company for vehicle damage; Jacob
Schmitz for vehicle damage
Suggested Disposition: Receive and File; Concur
2
3. First Half of 2009 Weed Assessments
City Manager recommending approval of the levy of special assessments for the first
half of the 2009 Weed Enforcement Program in the total amount of $1,067.50.
~; t
RESOLUTION ~ ~ Adopting the schedule of assessments for the first half
of the 2009 Weed/Garbage/Junk Enforcement Program specifying the number of annual
installments into which assessments are divided, the interest on all unpaid installments,
the time when the assessments are payable 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
4. DMASWA Comprehensive Solid Waste Management Plan Update
City Manager recommending approval of the Dubuque Metropolitan Area Solid Waste
Agency's 2009 Comprehensive Solid Waste Management Plan Update.
RESOLUTION ~ ~ ~ _-~ Adopting the Dubuque Metropolitan Area Solid Waste
Agency's 2009 Comprehensive Solid Waste Management Plan Update
Suggested Disposition: Receive and File; Adopt Resolution
5. Civil Service Commission
Civil Service Commission submitting the certified list for the positions of Police Chief
and Equipment Operator II.
Suggested Disposition: Receive and File; Make a Matter of Record
7. Fire Station No. 4 Door Replacement Project
City Manager recommending award of the public improvement contract for the Fire
Station No. 4 Door Replacement Project to Portzen Construction, in the amount of
$58,900.
RESOLUTION ~ ~~~,~ Awarding public improvement contract for the Fire
Station No. 4 Door Replacement Project
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
Braig
uol
Connors
Jones
Lynch
Resnick
Voetberg
3
8. Iowa National Guard Training
City Manager recommending approval of a usage agreement with the Iowa National
Guard allowing the Guard to do training at the former Roosevelt Park.
Suggested Disposition: Receive and File; Approve
9. Historic/Architectural Survey -Phase VI
City Manager recommending approval to submit a Certified Local Government (CLG)
grant application in the amount of $19,000 for the Phase VI Intensive Architectural/
Historic Survey and Evaluation.
Suggested Disposition: Receive and File; Approve
10. Four Mounds Illustrated Site Plan
City Manager recommending approval to submit a Certified Local Government (CLG)
grant application in the amount of $9,700 for an Illustrated Site Plan for Four Mounds.
Suggested Disposition: Receive and File; Approve
11. Community Development Block Grant -Recovery (CDBG-R)
City Manager recommending approval of a Community Development Block Grant
Recovery grant agreement with the U.S. Department of Housing and Urban
Development in the amount of $328,269 from the federal stimulus package.
RESOLUTION ~.-~~'~~, Authorizing execution of a Community Development
Block Grant - Recovery grant agreement with the U.S. Department of Housing and
Urban Development
Suggested Disposition: Receive and File; Adopt Resolution
12. PEG Capital Grant Expenditure
City Manager recommending approval of the Cable TV Tele-Programming Commission
recommendations for funding from the Public, Educational, and Government (PEG)
Capital Grant for Access Equipment and Facilities in the amount of $2,500 for Wahlert
High School and $41,500 for Loras College.
Suggested Disposition: Receive and File; Approve
Ayes Nays
Braig
Buol
Connors
Jones
Lynch
Resnick
Voetberg
4
13. ee ranch Creek estoration Project
Assistant City Attorney Tim O'Brien recommending approval of the commencement of
eminent domain proceedings to acquire the property located at 1553 Maple Street as
part of the Bee Branch Creek Restoration Project.
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RESOLUTION ~ Authorizing the commencement of eminent domain
proceedings for the acquisition of certain real property owned by Milton Schwartz at
1553 Maple Street in Dubuque County, Iowa, for the Bee Branch Creek restoration
Project
Suggested Disposition: Receive and File; Adopt Resolution
14. 40 Main, LLC -Consent to Collateral Assignment of Development Agreement
City Manager recommending approval of the Consent to the Collateral Development
Agreement between the City of Dubuque and 40 Main, LLC for purposes of financing
this redevelopment project.
Suggested Disposition: Receive and File; Approve
15. Cell Phone Service and Handsets -Request for Proposals
City Manager recommending approval of the issuance of a Request for Proposals for
Cellular Phone Service and Handsets.
Suggested Disposition: Receive and File; Approve
16. Automated Agenda Management -Request for Proposals
City Manager recommending approval of the issuance of a Request for Proposals for an
Automated Agenda Management System.
Suggested Disposition: Receive and File; Approve x,
b; ~~
,fiz
Ayes
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g
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~'~ Connors
,Y ~' Jones
P~, Lynch
.~ Resnick
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r ~,
Nays
5
17. Bee ranch Floodwall Pumping Station Auxiliary Power Project
City Manager recommending acceptance of the Bee Branch Floodwall Pumping Station
Auxiliary Power Project, as completed by A&G Electric, in the final contract amount of
$338,758.
RESOLUTION ~ 1~,~° e Accepting the Bee Branch Floodwall Pumping Station
Auxiliary Power Project
Suggested Disposition: Receive and File; Adopt Resolution
18. Letter of Support
City Manager submitting a letter of support for Interstate Power and Light Company's
effort to obtain partial funding from the American Recovery and Reinvestment Act for its
Smart Grid initiatives.
Suggested Disposition: Receive and File
19. Mediacom
Communication from Mediacom advising of a rate increase for Mediacom Online
effective on or about September 7, 2009.
Suggested Disposition: Receive and File
20. Wartburg Place -Conceptual Development Plan
Zoning Advisory Commission advising that the proposed changes to the adopted
conceptual development plan for the 300 block of Wartburg Place do not represent a
significant change.
Suggested Disposition: Receive and File
Ayes
Braig
Buol
Connors
Jones
Lynch
Resnick
Voetberg
Nays
6
21. Brownfield/Grayfield Redevelopment Tax Credit Application ®40 Main, LLC
City Manager recommending approval for the City of Dubuque to sponsor a
Brownfield/Grayfield Redevelopment Tax Credit Application to the Iowa Department of
Economic Development on behalf of 40 Main, LLC.
RESOLUTION ~ ~~~ Approving aBrownfield/Grayfield Redevelopment Tax
Credit Application to the Iowa Department of Economic Development on behalf of 40
Main, LLC
Suggested Disposition: Receive and File; Adopt Resolution
22. Workers' Compensation Settlement
City Manager recommending approval of the workers' compensation settlement with
Bret Stierman and authorization to make payment to Mr. Stierman in the amount of
$35,592.60.
Suggested Disposition: Receive and File; Approve
23. Amendment to Collective Bargaining Agreement
City Manager recommending approval of an amendment to the collective bargaining
agreement between the City of Dubuque and the International Union of Operating
Engineers to provide for a work week that consists of ten hours per day and four days
per week for full-time Public Safety Dispatchers.
Suggested Disposition: Receive and File; Approve
24. Office of the City Assessor
Communication from Richard A. Engelken, City Assessor, advising that a Notice of
Appeal and Petition form has been filed with the Property Assessment Appeal Board for
property located at 435 Kennedy Road.
Suggested Disposition: Receive and File
Ayes Nays
Braig
Buol
Connors
Jones
Lynch
Resnick
Voetberg
7
25. Comprehensive Recycling Planning Task Force
Communication from Governor Chester J. Culver and Lt. Governor Patty Judge
appointing Paul Schultz to the Comprehensive Recycling Planning Task Force.
Suggested Disposition: Receive and File
26. University of Dubuque Fireworks Display
Communication from Jeffrey F. Bullock, President -University of Dubuque, requesting
permission to display fireworks on Saturday, September 12, 2009.
Suggested Disposition: Receive and File; Approve
27. Signed Contracts
__ Google Products and Services
-- Eco Smart Building, PC
Suggested Disposition: Receive and File
28. Liquor License Applications
City Manager recommending approval of annual liquor license renewals as submitted.
RESOLUTION ~ ~` Granting the issuance of a Class "B" Beer Permit to
Riverfest Festival and a Class "C" Beer Permit to Dubuque Quick Stop Mart
RESOLUTION ~ ~%~~~-°~ '~ Granting the issuance of a Class "C" Beer/Liquor
License to Lucky 13 Tap, Mississippi River Museum and Chances R
RESOLUTION . `~~ :~``,~' s' Granting the issuance of one new license to sell
cigarettes and cigarette papers to Dubuque Quick Stop Mart
Suggested Disposition: Receive and File; Adopt Resolutions
Ayes
r ~~ .~`'_ Braig
/~,~~` ~~`` Buol
~`~ Connors
F ~' Jones
~ ° Lynch
;~ ~
Resnick
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~'~~ ~~ ~ ~
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Nays
ITEMS T® SET ® PlJ LIC HEARING
These agenda items are being scheduled for a future public hearing on the date
indicated.
2009 Sewer Cured-in-Place Pipe (CIPP) Lining Project
City Manager recommending initiation of the bidding process for the 2009 Sewer Cured-
in-Place Pipe (CIPP) Lining Project and further recommends that a public hearing be set
for September 8, 2009.
RESOLUTION 8~°°~~ 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
2009 Sewer Cured-in-Place Pipe (CIPP) Lining Project
Suggested ®isposition: Receive and File; Adopt Resolution; Public Hearing
9/8/09
Ayes~~ ~ Nays
~ Braig
<<~ °.. ~~Buol
Connors
Jones
-.,, y;Lynch
Resnick
€f` Voetberg
9
®AR®S/C®~ir~i~si®NS
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.
Airport Commission
Two 4-year terms through September 14, 2013 (Terms of Brotherton and Santillo)
Applicants:
Douglas Brotherton, 2823 Hickory Hill Street ~ .f'"
Michael Santillo, 2929 Kristen Court w..,
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Housing Trust Fund Advisory Committee
One 3-year term through September 8, 2012 (At-Large term of Hingtgen). Requires experience
in real estate, banking, finance, accounting, fund management or other related areas of
expertise)
Applicant: ft
Doris Hingtgen, 309 Hill Street .-
Appointments to the following Boards/Commissions:
Housing Commission
Three 3-year term through August 17, 2012 (Terms of Culbertson, Holz and Kapler)
Applicants:
Dorothy Culbertson, 2095 University Avenue
Jim Holz, 2010 Indiana Court
David Kapler, 827 Patricia Ann Drive
Ayes Nays
raig
uol
. ~ f~onnors
'~ ``9 `Jones
Lynch
'., Resnick
Voetberg
10
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PU LIC H ARINCS
Ayes Nays
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1. University of Dubuque -Amendment to ID Institutional District
Proof of publication on notice of public hearing to consider a request from James
Steiner, University of Dubuque, to amend the University of Dubuque ID Institutional
District boundary by adding existing residential properties.
Communication from Julie Kay Schwendinger, 1845 Bennett Street, regarding the
proposed rezoning.
ORDINANCE `' Amending Appendix A (the Zoning Ordinance) of the
City of Dubuque Code of Ordinances by amending the Institutional District boundaries
for the University of Dubuque by rezoning the subject properties from R-1 Single-Family
Residential District to ID Institutional District.
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
Ayes
Braig
BUOI
.Connors
,° ,
Jones
`Lynch
Resnick
Voetberg
F
Final Reading and Adopt
Nays Ayes_ Nayes
Braig
'` ~~~~ Buol
.~ ' FConnors
~F Jones
°'~ Lynch
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F~°F Voetberg
11
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2. agle Point Water Plant Vacuum Filter Project
Proof of publication on notice of public hearing to consider approval of the plans,
specifications, form of contract and estimated cost for the Eagle Point Water Plant
Vacuum Filter Project and City Manager recommending approval.
RESOLUTION ~.~ , ~. J Approval of plans, specifications, form of contract, and
estimated cost for the Eagle Point Water Plant Vacuum Filter Project
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
Braig
',, Buol
~' > ~`~Connors
°`~ ~ ~ Jones
~,~° ~'~ynch
Resnick
Q~° Voetberg
3. Miller Road Water Main Extension Project
Proof of publication on notice of public hearing to consider approval of the plans,
specifications, form of contract and estimated cost for the Miller Road Water Main
Extension Project and City Manager recommending approval.
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RESOLUTION ~;` -a Approval of plans, specifications, form of contract, and
estimated cost for the Miller Road Water Main Extension Project
Suggested Disposition: Receive and File; Adopt Resolution
3.
Braig
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Lynch
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Nays
12
4. Highway 151 / 61 South Water Main Extension Project
Proof of publication on notice of public hearing to consider approval of the plans,
specifications, form of contract and estimated cost for the Highway 151 / 61 South
Water Main Extension Project and City Manager recommending approval.
~~ ~.
RESOLUTION ~ ~° ~~ Approval of plans, specifications, form of contract, and
estimated cost for the Highway 151 / 61 South Water Main Extension Project
Suggested ®isposition: Receive and File; Adopt Resolution
Ayes Nays
Braig
Buol
;~~` Connors
Jones
Lynch
Resnick
s
~,~' ~~ N ~ Voetberg
REINSTATE THE RULES
This action limits discussion to the City Council.
Ayes-~, Nays
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Buol
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.Jones
fi' ~~ Lynch
°`` ` -~ v Resnick
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1. Request to Address the City Council -Andre
Request of Sgt. Lee Harlow Andre to address the City Council regarding the dog park.
Suggested Disposition: Receive and File; Council
,;"
Ayes
d'
~, . Braig
uol
!` Connors
"` Jones
~, s~ `.'Lynch
~~ '~ ` Resnick
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2. Request to Address the City Council -Wehrspann
Two requests of Joan Wehrspann to address the City Council regarding various issues.
Suggested Disposition: Receive and File; Council
Ayes
plays
Braig
Buol
Connors
Jones
Lynch
Resnick
Voetberg
Nays
14
3. Ordinance No. 7®09 ®Correction to Legal Description ~t
City Manager recommending approval of a correction to the legal description in
Ordinance 7-09 for property located at the northeast corner of University and Nevada
(Radio Dubuque).
,-
ORDINANCE °~`~ Amending Appendix A (The Zoning Ordinance) of the
City of Dubuque Code of Ordinances by reclassifying hereinafter described property
located near the northeast corner of University Avenue and Nevada Street from R-2
Two-family Residential District to OS Office Service District, with conditions, and
rescinding Ordinance No. 7-09.
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
Final Reading and Adopt
Ayes Nays
~ Ayes Nayes
~
Braig
,,~° Braig
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4. Usage Agreement with tone Cliff Winery
City Manager recommending approval of a usage agreement for a section of the Alliant
Amphitheater to have weekly outdoor movies and jam sessions.
Suggested Disposition: Receive and File; Approve
Ayes Nays
~` Braig
Buol
9,f Connors
t`~ y t'~~°Jones
~"`! Lynch
1 ,Resnick
Voetberg
5. Agreement with the Dubuque Community School District ,, °~~'
City Manager recommending approval of an agreement with the Dubuque Community ~~ .~`~
School District allowing the Dubuque Building Trades On-Site Program (DBTOP) to
renovate the Bridge Complex in Eagle Point Park.
Suggested Disposition: Receive and File; Approve
Ayes Nays
,. Braig
Buol
- ~ Connors
< r Jones
Lynch
Resnick
,,~°` Voetberg
16
6. E.B. Lyons Nature Center Expansion Project
City Manager recommending award of the public improvement contract for the E.B.
Lyons Nature Center Expansion Project to Stumpf Construction in the amount of
$1,229,367.
RESOLUTION ~ Awarding public improvement contract for the E.B.
Lyons Nature Center Expansion Project
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
. Braig
F~: ~ Buol
°' ~ Connors
'~ ~ ~ Jones
`J Lynch
~° Resnick
~~` Voetberg
7. Iowa Jobs (1-JOBS) Application -Lower Bee Branch Creek Restoration Project
City Manager recommending approval to submit an application for I-JOBS funding in the
amount of $7,000,000 for the Lower Bee Branch Creek Restoration Project.
RESOLUTION ~~° ~°' Authorizing the submittal of an application to the
State of Iowa I-JOBS Grant Program for funding of the Lower Bee Branch Creek
Restoration Project
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
:,~`:. Braig.
-'; Buol
~~ ~ Connors
~-
Jones
;.
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,~ p .i, Resnick
~~~~ Voetberg
17
8. 1695 Garfield Retaining Wall Repair Project
City Manager recommending award of the public improvement contract for the 1695
Garfield Retaining Wall Repair Project to Top Grade Excavating in the amount of
$48,603.49.
RESOLUTION ~~`~ Awarding public improvement contract for the 1695
Garfield Retaining Wall Project
Suggested Disposition: Receive and File; Adopt Resolution
Ayyes Nays
°° Braig
6~ Buol
~, Connors
f°r Jones
~~ . -,~ Lynch
~` ~ Resnick
,.
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9. Historic Shot Tower Rehabilitation Project
City Manager recommending that all the competitive bid proposals received for the
Historic Shot Tower Rehabilitation Project be rejected.
RESOLUTION `~.~ 'j Rejecting all competitive bid proposals received for the
Historic Shot Tower Rehabilitation Project -Phase I
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
R. Braig
Buol
Connors
Jones
Lynch
,~esnick
Voetberg
18
~0. Code of Ordinances
City Manager recommending that the City of Dubuque Code of Ordinances be re-
adopted in its entirety.
ORDINANCE ~~°~'~ Readopting the codification of all ordinances of the City
of Dubuque, Iowa, of a general or public nature or imposing a fine or penalty including
codes and maps adopted by reference, as the official Code of the City of Dubuque,
Iowa, as provided for and pursuant to Chapter 380 of the Iowa Code; providing for the
title and citation of the Code; repealing all ordinances and parts of ordinances of a
general or public nature or imposing a fine or penalty, passed on or prior to May 4,
2009, except those not contained in said code or recognized and continued in force by
reference therein; providing penalties for the violation of the several sections thereof;
and prescribing the time when this ordinance shall be in full force and effect
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
Final Reading and Adopt
AyesF Nays Ayes Nayes
Braig >` Braig
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Connors
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Jones Jones
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11. IDED -City of Dubuque Agreement for I M
City Manager recommending approval of an Agreement between the Iowa Department
of Economic Development (IDED) and the City of Dubuque.
RESOLUTION ~ `~-F-~° Approving an Agreement between the Iowa Department
of Economic Development an the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
AyQS Nays
Braig
f'F,,, ~ Buol
~°~ Connors
E
Jones
Lynch
~~ `Resnick
>~* Voetberg
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.
CLOSED SESSION
Pending Litigation and Property Acquisition -Chapter 21.5(1)(c)Q) Code of Iowa
"j ` '~,, s
Motion to go into Closed Session at * ~ ' ~'~ `~
Ayes
a
,r..~
Braig
Buol
Connors
Jones
Lynch
Resnick
Voetberg
Nays
20
Motion to adjourn at L f °~
Ayes Nays
Craig
uol
r=°~ Connors
Jones
Lynch
Resnick
Voetberg
21