12 7 09 Clerk's Skeleton Notes~~
CITY COUNCIL REGULAR SESSION, ; 2009
COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN THE HISTORIC FEDERAL
BUILDING
PRESE ~: MAY R UOL COUNCIL MEMBERS '~AIG CO, fNORS JO ES LYNCH
~ ~ ~ 9~ ~ ,/
RESNI¢~K, VOE~BERG
i
CITY MANAGER VAN~IGIILLIGEN; CITY ATTORNEY~LINDAHL
ABSENT:
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: Reverend Jay Hilten, St. John's Lutheran Church
PROCLAMATION
Human Rights Day (December 10, 2009) --
PRESENTATION
1000 Friends of Iowa for the Historic Millwork District Plan
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CONSENT ITEMS
1.
2.
Aye
,~ ~) Lynch
esnick
/;~ ~% " oetberg
' Braig
` Buol
Connors
Jones
Minutes and Reports Submitted
Nays
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Arts and Cultural Affairs Advisory Commission of 10/27; City Council of 11/16, 11/17
and 12/1; Community Development Advisory Commission of 11/18; Historic
Preservation Commission of 11/19; Housing Commission of 10/27; Human Rights
Commission of 10/12; Park and Recreation Commission of 11/10; Transit Board of 10/8
and 11/12; Zoning Board of Adjustment of 11/19
Proofs of publication of City Council Proceedings of November 2, 16, and 17, 2009 and
List of Claims and Summary of Revenues for month ended October 31, 2009
Library Board of Trustees Update from the meetings of October 22 and November 17,
2009
Suggested Disposition: Receive and File
Notice of Claims/Suits
John Corbett for vehicle damage; George Clark 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: Matthew Hurm
for vehicle damage; Lola Volkert for personal injury; John Bechen for vehicle damage
Suggested Disposition: Receive and File; Concur
2
3. Champions for Inclusive Communities
Press release from the Champions for Inclusive Communities advising that Dubuque
has been recognized as a "Star Community" by the Champions for Inclusive
Communities.
Suggested Disposition: Receive and File
4. School Resource Officer (SRO) Agreement
City Manager recommending approval of the Fiscal Year 2009 / 2010 School Police
Officer Agreement between the City of Dubuque Police Department and the Dubuque
Community School District.
Suggested Disposition: Receive and File; Approve
5. Human Rights Commission
Communication from Kelly Larson, Human Rights Director, advising of the resignation of
Terry Driskell from the Human Rights Commission.
Communication from Char Eddy advising that she will not be re-applying for another
term on the Human Rights Commission.
Suggested Disposition: Receive and File; Accept Resignations
6. Online Employment Application Vendor Services Agreement
City Manager recommending approval of the Online Employment Application Vendor
Services Agreement with NeoGov.
Suggested Disposition: Receive and File; Approve
7. Administrative Services Fee Renewal -Flexible Spending Plan
City Manager recommending approval of the Administrative Services Fee Renewal for
the City's flexible spending plan.
Suggested Disposition: Receive and File; Approve
Ayes Nays
Lynch
Resnick
Voetberg
Braig
Buol
Connors
Jones
3
8. IA 32 Traffic Improvements -Consultant Selection
City Manager recommending approval of the selection of IIW Engineers & Surveyors,
PC for the IA 32 Capacity Improvements Project.
Suggested Disposition: Receive and File; Approve
9. 2008 Asphalt Paving Program
City Manager recommending acceptance of the 2008 Asphalt Paving Program as
completed by River City Paving in the final contract amount of $226,131.41.
RESOLUTION ~~fv Accepting the 2008 Asphalt Paving Program and
authorizing payment of the contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution
10. Foye Street Sidewalk /Curb and Gutter Repair Project
City Manager recommending acceptance of the Foye Street Sidewalk /Curb and Gutter
Repair Project as completed by Drew Cook & Sons Excavating, Inc. in the final contract
amount of $47,821.40.
RESOLUTION Ll ~ Accepting the Foye Street Sidewalk /Curb and Gutter
Repair Project and authorizing payment of the contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution
11. Garfield Avenue Retaining Wall Reconstruction Project
City Manager recommending acceptance of the Garfield Avenue Retaining Wall
Reconstruction Project as completed by Top Grade Excavating, Inc. in the final contract
amount of $87,601.19.
RESOLUTION ~'~ Accepting the Garfield Avenue Retaining Wall
Reconstruction Project and authorizing payment of the contract amount to the
contractor
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
Lynch
Resnick
Voetberg
Braig
Buol
Connors
Jones
4
12. Ramona /Pamela Court Slab Replacement Project
City Manager recommending acceptance of the Ramona /Pamela Court Slab
Replacement Project as completed by Portzen Construction, Inc. in the final contract
amount of $67,773.15
RESOLUTION ~~9 Accepting the Ramona /Pamela Court Slab
Replacement Project and authorizing payment of the contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution
13. West 32"d Street Detention Basin Project
City Manager recommending acceptance of the West 32"d Street Detention Basin
Project as completed by Tschiggfrie Excavating Company in the final contract amount of
$1,711,836.54,
RESOLUTION ~..~'~O Accepting the West 32~d Street Detention Basin Project
and authorizing payment of the contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution
14. I-Jobs Affordable Housing Assistance Program Grant Application
City Manager recommending approval of an I-Jobs Affordable Housing Assistance
Program grant application to the Iowa Finance Authority (IFA) on behalf of Michelle
Mihalakis for her Salvia House project.
RESOLUTION ~~~ Approving an I-Jobs Affordable Housing Program
Assistance grant application to the Iowa Finance Authority on behalf of Michelle
Mihalakis /Salvia House
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
Lynch
Resnick
Voetberg
Braig
Buol
Connors
Jones
5
15.
16.
Amendment to the Request for Proposals (RFP) -Financial Assistance Pool
City Manager recommending approval of an amendment to the Request for Proposals
requirements to make additional properties eligible for the pool of funds to encourage
developers and property owners to create new residential units in the Greater
Downtown Urban Renewal District.
RESOLUTION y~~ Approving an amendment to the Request for Proposals to
encourage market-rate downtown rental and owner-occupied residential units in the
Greater Downtown Urban Renewal District
Suggested Disposition: Receive and File; Adopt Resolution
Iowa Finance Authority Dubuque Housing Study
City Manager transmitting a report from the Iowa Finance Authority (IFA) about
Dubuque's rental housing market.
Suggested Disposition: Receive and File
17. Vacuum Filter Building Back-Up Power Supply Project
City Manager recommending acceptance of the Vacuum Filter Building Back-Up Power
Supply Project as completed by Morse Electric, Inc. in the final contract amount of
$3,461.49.
RESOLUTION ~~~ Accepting the Vacuum Filter Building Back-Up Power
Supply Project and authorizing payment of the contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution
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Nays ~~
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18.
19.
20.
21.
Eagle Point Water Plant West Clear Well Phase II Pipe Coating Project
City Manager recommending acceptance of the Eagle Point Water Plant West Clear
Well Phase II Pipe Coating Project as completed by Superior Painting and Epoxy
Coating, LLC in the final contract amount of $1,812.80.
RESOLUTION ~~% Accepting the Eagle Point Water Plant West Clear Well
Phase II Pipe Coating Project and authorizing payment of the contract amount to the
contractor
Suggested Disposition: Receive and File; Adopt Resolution
Vision Iowa Grant for Art Market
City Manager recommending approval of the submittal of a $15,000 Vision Iowa grant
application to cover the costs of promoting the Summer 2010 Art Market.
Suggested Disposition: Receive and File; Approve
Iowa Power Fund Community Grant Application
City Manager transmitting the Iowa Power Fund Community Grant Application
submitted on behalf of the City of Dubuque, Dubuque Area Chamber of Commerce and
the Community Foundation of Greater Dubuque for the Dubuque2 Initiative.
Suggested Disposition: Receive and File
Letter of Support -YMCA
City Manager recommending approval of a letter of support on behalf of the Community
Y's application for ACHIEVE Healthy Communities Program funding.
Suggested Disposition: Receive and File
22. LK Development & Storage, LLC
Communication from Attorney Brian Kane, representing LK Development & Storage,
LLC, requesting that the building located at 3040 Elm Street be removed from the City's
historic conservation district.
Suggested Disposition: Receive and File; Refer to City Manager
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Braig
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23. Drug Awareness Resistance Education (DARE) Contract
City Manager recommending approval of the 2009 / 2010 DARE contract between the
City of Dubuque, the Dubuque Community Schools and the Holy Family Catholic
Schools.
Suggested Disposition: Receive and File; Approve
24. I-JOBS Green Urban Stormwater Program
City Manager transmitting an application for $100,000 in funding for a green alley
through the I-JOBS Green Urban Stormwater program.
Suggested Disposition: Receive and File
25. Signed Contracts
-- Water Pollution Control Plant Replacement Project - Eco Smart Building Additional
Agreement
Suggested Disposition: Receive and File; Approve
26. Liquor License Applications
City Manager recommending approval of annual liquor license renewals as submitted.
RESOLUTION ~~~ Granting the issuance of a Class "C" Beer License to
Jannah Corporation (3270 Dodge Street), Jannah Corporation (4100 Dodge Street),
Sam's Club, Hy-Vee #2, and Kwik Stop Food Mart
RESOLUTION ~~ ~ Granting the issuance of a Class "B" (Hotel/Motel) Liquor
License to Holiday Inn Dubuque Five Flags; Class "C" Beer/Liquor License to Instant
Replay, Pepper Sprout, and Cue Masters Billiard; Class "B" Wine permit to Sam's Club
and Hy-Vee #2; and Class "WBN" Native Wine License to I Luv Food
Suggested Disposition: Receive and File; Adopt Resolutions
Ayes Nays
Lynch
Resnick
Voetberg
Braig
Buol
Connors
Jones
8
27. Northern Lights Hockey, LLC
City Manager recommending that the City consent to the Assignment by Battlefield
Dubuque, LLC of its interest in the Development Agreement between the City, Dubuque
Ice and Recreation Center and the Dubuque Racing Association to Northern Lights
Hockey, LLC.
RESOLUTION Consenting to the assignment by Battlefield Dubuque,
LLC of its interest in the Development Agreement between and among the City of
Dubuque, Iowa (City), Dubuque Ice and Recreation Center, Inc. (DICE), Dubuque
Racing Association (DRA), and Battlefield Dubuque, LLC (Battlefield
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
Lynch
Resnick
Voetberg
Braig
Buol
Connors
Jones
9
ITEMS TO BE SET FOR PUBLIC HEARING
These agenda items are being scheduled for a future public hearing on the date
indicated.
1. Individual Historic Designation - 44 Main Street
Historic Preservation Commission recommending that a public hearing be set for
January 18, 2010 to consider approval of the Individual Historic Designation for 44 Main
Street.
Suggested Disposition: Receive and File; Public Hearing 1/ 10 /~ ~~
yes Nays
Lynch
,/j Resnick
/ Voetberg
v
Braig
Buol
Connors
Jones
10
BOARDS/COMMISSIONS
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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.
Housing Code Appeals Board
Two 3-year terms through January 11, 2013 (Terms of Kinsella and Schaub)
Applicants:
William Kinsella, 2 Julien Dubuque Drive
Robert Schaub, 1745 Embassy West Drive
Human Rights Commission
Four 3-year terms through January 1, 2013 (Terms of Eddy, Driskell, Oswald and Winterwood)
Applicants:
Lori Apel, 3315 Spring Valley Road
Marquita Bolden, 2757 Ventura Drive, #2
Lynn Sutton, 876 Yale Court, #1 ~i~~/
Pam Sharrad, 836 Air Hill Street
Robert Yunk, 815 Rose Street, #2 ~JGB~~
Ms. Sutton is a member of the Housing Commission
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~~~ ~
Mediacom Charitable Foundation
Two 1-year terms through December 31, 2010 (Terms of Chavenelle and Twining)
Applicants:
Gail Chavenlle, 1155 Kelly Lane
Connie Twining, 421 North Booth Street
Appointments to the following Boards/Commissions:
Mississippi River Partnership Council
One 3-year term through December 31, 2012
Applicant:
Anthony Allen, 575 Almond Street
Edward Cawley, 598 Needham Street
Kenneth Oglesby, 990 W. 32nd Street
Walt Webster, 3509 Asbury Road
Lynch Resnick Voetberg Braig Buol Connors Jones
All
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Webster
11
Plumbing Board
One 3-year term through November 2, 2012 (At-large term of Harris)
Applicant:
Daniel Harris, 998 Indian Ridge
yes
~ Nays
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/ Resnick
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Jones
Transit Board of Trustees
One 3-year term through July 30, 2011 (Term of Curtis)
Applicant:
Thomas Croissant Jr., 444 Angella Street #8
Ayes Nays
:, Lynch
~f Resnick
_Voetberg
Braig
Buol
i onnors
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12
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
,Aye
(~ Nays
Lynch
/ Resnick
~~ ~ Voetberg
.Braig
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Connors
Jones
1. Dubuque Industrial Center -Planned Unit Development District (Tabled on July 6,
2009)
City Manager requesting that this item be tabled to June 7, 2010.
Proof of publication on notice of hearing to consider a request from the City of Dubuque/
Dubuque Initiatives to amend the Planned Unit Development (PUD) for the Dubuque
Industrial Center, located on Chavenelle Road and the Northwest Arterial, to change the
designation of property from open space to commercial and Zoning.Advisory
Commission recommending approval, with conditions.
ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by adopting a revised Planned Unit Development Ordinance for the
Dubuque Industrial Center Phases I and II located at the southwest corner of Highway
32 (Northwest Arterial) and Chavenelle Road and by repealing Ordinance 22-07
Suggested Disposition: Remove from Table; Receive and File; Table to 7/7/10
Ayes ' Nays Ayes
~~' Lynch Lynch
,~, esnick Resnick
oetberg Voetberg
" .Braig Braig
/;Buol ~ Buol
~~ Connors Connors
Jones Jones
Nayes
13
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2.
General Obligation Urban Renewal Bonds
Proof of publication on notice of public hearing to consider approval of the issuance of
not to exceed $6,000,000 General Obligation Urban Renewal Bonds for costs
associated with the construction of street, stormwater, sanitary sewer, water, fiber optic,
parking and other public improvements in the Historic Millwork District and the funding
of grants, loans and other financial assistance to private developers to assist in
rehabilitation of existing buildings and construction of housing development projects in
the Millwork District and City Manager recommending approval.
RESOLUTION Instituting proceedings to take additional action for the
issuance of not to exceed $6,000,000 General Obligation Urban Renewal Bonds
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
~ Lynch
/• Resnick
/ ~~oetberg
/ Braig
Buol
Connors
~~ Jones
3.
North Fork Catfish Creek stormwater and Sanitary Sewer Reconstruction Project
- Phase III
Proof of publication on notice of public hearing to consider the plans and specifications,
form of contract and estimated cost for the North Fork Catfish Creek stormwater and
Sanitary Sewer Reconstruction Project -Phase III and City Manager recommending
approval.
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RESOLUTION Approving plans, specifications, form of contract, and estimated cost for
the North Fork Catfish Creek stormwater and Sanitary Sewer Reconstruction Project -
Phase III
Suggested Disposition: Receive and File; Adopt Resolution
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Braig
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Jones
14
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REINSTATE THE RULES
This action limits discussion to the City Council.
Ayes
~~~ Nays
Lynch
/ Resnick
. Voetberg
Braig
~ Buol
` Connors
Jones
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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. Water Meter Change Out Project Vendor Selection
City Manager recommending approval to award the contract for the Water Meter
Change Out Project to Northern Water Works Supply in the estimated amount of
$5,493,293, subject to all contract, insurance and bonding issues being resolved with
the City and approved by the Iowa Department of Natural Resources and the Iowa
Finance Authority.
RESOLUTION ~~ ~ Awarding a contract to Northern Water Works Supply
for the Water Meter Change Out Project for the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Ap~ve ~
Ayes
,i/' Lynch
//~ Resnick
~'~ : Voetberg
Braig
Buol
/ ~ Connors
ones
Nays
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2. Report on Rental Housing and Arrest Activity in the City of Dubuque
City Manager transmitting results of the Report on Rental Housing and Arrest Activity in
the City of Dubuque and recommending pursuit of additional information. ,
Suggested Disposition: Receive and File; Approve
Ayes
,i';-` Lynch
Resnick
/ ~' Voetberg
" . Braig
-Buol
/ .Connors
Jones
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3. Section 8 Administrative Plan
City Manager informing the City Council of amendments to the Section 8 Administrative
Plan.
Suggested Disposition: Receive and File; A ove
Ayes
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// ~ Lynch
Resnick
1 F Voetberg
Braig
`' Buol
Connors
Jones
Nays
16
4. Direct Financial Assistance Application -Creative Frontier, Inc.
City Manager recommending approval of a Direct Financial Assistance application to
the Iowa Department of Economic Development on behalf of Creative Frontier, Inc. to
assist with relocating its operations to Dubuque.
RESOLUTION ~~~ Authorizing the filing of an IDED Direct Financial
Assistance Application on behalf of Creative Frontier, Inc.
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
~.. Lynch
r' Resnick
' Voetberg
/~' Braig
Buol
<. onnors
ones
5. Holiday Decorations in Washington Park
Communication from Tammy Welbes, Dubuque Junior Chamber, requesting that the
City assist the Dubuque Junior Chamber with $600.00 for Christmas decorations in
Washington Park.
City Manager recommending approval of a request from the Dubuque Junior Chamber
for $600.00 to replace the holiday decorations in Washington Park.
Suggested Disposition: Receive and File; Approve • /~
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6. KeyLine Bus Advertisement Improvements
City Manager recommending approval to pursue bus wrap advertisements on KeyLine
buses.
Suggested Disposition: Receive and File; Approve
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7. Parking Ramp Construction Location ~'
City Manager recommending switching the priority order of the two previously approved
downtown ramps and first build the ramp behind Fire Headquarters as project funding is
available to build a 7-story ramp with 475 spaces, which is a net gain of 352 vehicles.
Suggested Disposition: Receive and File; Approve
~Aye'~~ ,Nays
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Resnick ,
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Braig
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8. Tax Increment Financing (TIF) Ordinance for the Greater Downtown Urban
Renewal District
City Manager recommending adoption of an ordinance amending the tax increment
financing district for the Greater Downtown Urban Renewal District.
ORDINANCE ~~ Amending Ordinance Nos. 60-08, 63-07, 20-07, 35-04,
30-82 and 66-89, as previously amended, 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
Urban Renewal Plan for the Greater Downtown Urban Renewal District
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
Final Reading and Adopt
Ayes ;~ Nays Ay s Nayes
~~/ Lynch ;~,~ Lynch
~/~ Resnick ~ Resnick
j ' - Voetberg / Voetberg
`~ Braig /~Braig
Buol Buol
/ 'Connors ; onnors
Jones Jones
19
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9. Response to Possible Termination of the Municipal Cable Franchise
City Manager requesting City Council direction regarding Mediacom's possible
termination of the Municipal Cable Franchise.
Suggested Disposition: Receive and File; Council Direction
Lynch
Resnick
Voetberg
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,/ Braig
Buol
Connors
Jones
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10. Fines for Speed Restrictions Ordinance
City Manager recommending approval of an amendment to the Code of Ordinances that
adopts a change in the fine amount for excessively speeding in zones greater than 55
miles per hour to be consistent with the Iowa Code.
ORDINANCE S~ Amending the City of Dubuque Code of Ordinances Title
9 Motor Vehicles and Traffic, Chapter 7 Operation, Section 9-7-321.285 Limits
Generally, establishing the fine for each mile in excess of 20 miles per hour over the
speed limit in zones greater than 55 miles per hour
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
Final Reading and Adopt
Ay ~ Nays Ay,~s Nayes
Lynch / '. Lynch
~, ~ Resnick ~ Resnick
~, Voetberg / Voetberg
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Connors / /' Connors
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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
Motion to go into Closed Session at ~.~~
Ayes Nays
,/` Lynch
/ Resnick
/ Voetberg
/ Braig
~~ Buol
Connors
Jones
Motion to adjourn at ~~ ~o~
Ayes Nays
Lynch
Resnick
Voetberg
Braig
Buol
Connors
Jones
21
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