9 17 18 Clerk's Skeleton Notes and Meeting CallsCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
The Dubuque City Council met in special session at 6:00 p.m. on September 17, 2018
in the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Biot; Council Members Del Toro, Jo es, Larson, Ret nick Rios, Shaw;
City Manager Van Milligen, City Attorney.Brumwell
Absent:
Mayor Buol read the call and stated this is a special session of the City Council called
for the purpose of conducting a work session on Excursion Boating on the Mississippi.
WORK SESSION
Excursion Boating on the Mississippi River
Adjournment
p.m.
Yays
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Larson
1
Shaw
L7 ,r
Resnick
Buol
1
Rios
Jones
Del Toro
1
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:00 p.m. on September 17, 2018
in the Historic Federal Building, 350 W. 6th Street.
Present: Mayor B0ol; Council Members Del Toro, Jones, Larson, Resnick, Rios, Shaw;
City Manager Van Miiigen, City Attorneyrumwell
A
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
PROCLAMATIONS) 7
1. Days of Peace and Ceasefire (September 184, 2018) was accepted by
Roche, DoP Committee Treasurer; and Barb Ilten, DoP 'mmi tee Chair.
2. Rail afety Week (September 23-29, 2018) was accepted by Thomas Skinner,
Thomas Skinner, Special Agenda, Central Division, NSI Regional Intelligence Office,
2
Yays
Nays
Larson
V
Shaw
t-'"
Resnick
Buol
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Rios
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Jones
Del Toro
CONSENT ITEMS
1. Minutes and Reports Submitted
Cable TV Commission of 9/5; Catfish Creek Watershed Management Authority of 9/5,
City Council Proceedings of 9/4, 9/10; Historic Preservation Commission of 8/16; Park
and Recreation Advisory Commission of 8/14; Resilient Community Advisory
Commission of 8/2; Zoning Advisory Commission of 9/5/18; Zoning Board of Adjustment
of 8/23; Proof of publication for City Council Proceedings of 8/13, 8/15, 8/20.
Suggested Disposition: Receive and File
2. Notice of Claims and Suits
Kelly Casperson for vehicle damage, Jerald Kinsella for property damage, Gerald Klein
for property damage, Abby McGrane-Ralston for vehicle damage, David Prince for
vehicle damage, Steve Ruden for property damage, Daniel Scott for property damage,
Sisters of the Presentation for property damage, Brock Tyner for vehicle damage,
Morgan Weaver for vehicle damage, Doug Winner for vehicle damage, Suit by Michael
and Jacqueline Wood for vehicle damage/personal injury.
Suggested Disposition: Receive and File; Refer to City Attorney
3. Disposition of Claims
City Attorney advising that the following claims have been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Communities Assurance Pool: William Baum
for vehicle damage, Jerald Kinsella for property damage, Gerald Klein for property
damage, Lynn McCormick/Partners Mutual Insurance for vehicle damage, Abby
McGrane-Ralston for vehicle damage, David Prince for vehicle damage, Steve Ruden
for property damage, Daniel Scott for personal injury/property damage, Sisters of the
Presentation for property damage, Morgan Weaver for vehicle damage.
Suggested Disposition: Receive and File; Concur
4. Approval of City Expenditures
City Manager recommending Council approval for payment of City expenditures.
Suggested Disposition: Receive and File; Approve
5. 2018 City Council Goals and Priorities
City Manager providing a copy of the public information brochure outlining the City
Council's 2018 Goals and Priorities.
Suggested Disposition: Receive and File
3
,fre/
Yays
Nays
/
Larson
Shaw
Resnick
Buol
Rios
Jones
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Del Toro
6. State of Iowa Annual Street Financing Report
City Manager recommending approval of the City of Dubuque's Fiscal Year 2018 City
Street Financing Report and authorizing filing with the Iowa Department of
Transportation.
RESOLUTION 270-18 Approving the City of Dubuque Fiscal Year 2018 City Street
Financing Report
Suggested Disposition: Receive and File; Adopt Resolution(s)
7. 2017 Integrated Pest Management Annual Report
The Integrated Pest Management Working Group transmitting the 2017 Integrated Pest
Management Annual Report which has been reviewed by the Resilient Community
Advisory Commission and the Parks & Recreation Commission.
Suggested Disposition: Receive and File
8. USAID/ICMA Planning for Climate Adaptation Program in Dominican Republic
City Manager providing a copy of the public information brochure detailing the results of
the pro-bono labor partnerships, including the City of Dubuque, with the Dominican
Republic through the USAID/ICMA Planning for Climate Adaptation Program.
Suggested Disposition: Receive and File
9. Transit Asset Management Plan
City Manager recommending that the City Council approve the Operations, Asset
Management, Safety and Security Manual as required by the Federal Transit
Administration for the Transportation Services Department.
Suggested Disposition: Receive and File; Approve
10. School Resource Officer (SRO) Agreement with Dubuque Community Schools
for School Year 2018/2019
City Manager recommending approval of the Fiscal Year 2018/2019 School Resource
Officer Agreement with the Dubuque Community School District and acceptance of the
Dubuque Community School District's financial support.
Suggested Disposition: Receive and File; Approve
4
Yays
Nays
Larson
Shaw
Resnick
Buol
Rios
Jones
Del Toro
11. Iowa Department of Transportation Local Primary Highway Maintenance
Supplemental Agreements
City Manager recommending approval of several Iowa Department of Transportation
Supplemental Agreements for Local Primary Highway Maintenance, Pavement
Markings, Julien Dubuque Bridge Sidewalk Maintenance, Street Sweeping Maintenance
and Traffic Signal Maintenance between the Iowa Department of Transportation and the
City of Dubuque.
Suggested Disposition: Receive and File; Approve
12. Dubuque Regional Humane Society Agreement Amendment
City Manager recommending an amendment to the current five-year agreement with the
Dubuque Regional Humane Society that began July 1, 2015.
Suggested Disposition: Receive and File; Approve
13. Neztrop, LLC - Dedication of Permanent Signage Easement
City Manager recommending approval of a Dedication of Permanent Signage Easement
across Parts of Lot 2-1 of Stone Brook Center Second Addition in the City of Dubuque,
which is located at the southeast corner of the intersection of Stone Valley Drive and US
Highway 20.
RESOLUTION 271-18 Accepting a Dedication of Permanent Signage Easement across
parts of Lot 2-1 of Stone Brook Center Second Addition, in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
14. Self -Funded Health Plan 509A Certification Consultant
City Manager recommending approval to continue using Insurance Strategies
Consulting to prepare the 509A Certification for the City of Dubuque's Self -Funded
Health Plan and approve the Services Engagement Letter.
Suggested Disposition: Receive and File; Approve
15. Plat of Survey for BGJ Kremer Place No. 2
Zoning Advisory Commission recommending approval of the Plat of Survey for BGJ
Kremer Place No. 2.
RESOLUTION 272-18 Approving the Plat of Survey of BGJ Kremer Place No. 2
Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
5
Yays
Nays
Larson
Shaw
Resnick
Buol
Rios
Jones
Del Toro
16. Preliminary FEMA Floodplain Maps
City Manager recommending approval of a recommended response from the City of
Dubuque to the Federal Emergency Management Agency (FEMA) regarding
correspondence from FEMA Region VII related to preliminary floodplain maps for the
City of Dubuque.
Suggested Disposition: Receive and File; Approve
17. Eagle Point Park Watermain Extension and Water Service Replacement
Project Award
City Manager recommending that the award for the Eagle Point Park Watermain
Extension and Water Service Replacement Project to Mainline Excavation Co., Inc. be
officially recorded in the minutes of the City Council.
Suggested Disposition: Receive and File; Make Matter of Record
18. Right -of -Way Management Technician Position
City Manager recommending approval to eliminate one Engineering Assistant II position
and create one Right -of -Way Management Technician position in the Engineering
Department.
Suggested Disposition: Receive and File; Approve
19. Alcohol and Tobacco License Applications
City Manager recommending approval of annual liquor, beer, wine and tobacco license
applications as submitted.
RESOLUTION 273-18 Approving applications for beer, liquor, and/or wine permits, as
required by City of Dubuque Code of Ordinances Title 4 Business and License
Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and
Permits
RESOLUTION 274-18 Approving applications for retail cigarette/tobacco
sales/nicotine/vapor permits, as required by Iowa Code Chapter 453A.47A
Suggested Disposition: Receive and File; Adopt Resolution(s)
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ITEMS SET FOR PUBLIC HEARING
1. Maquoketa Valley Electric Cooperative 30 -Day Extension of Franchise
2. Maquoketa Valley Electric Cooperative Franchise Fee
3. Maquoketa Valley Electric Cooperative Franchise Agreement
4. Fiscal Year 2019 First Budget Amendment
5. Intent to Dispose of an Interest in Real Property Owned by the City of Dubuque
by Lease Supplements to Southwestco Wireless, Inc. D/B/A Verizon Wireless
October 1, 2018
6. John F. Kennedy Road Sidewalk Installation Project Initiate
October 15, 2018
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1. Maquoketa Valley Electric Cooperative 30 -Day Extension of Franchise
City Manager recommending that the City Council set a public hearing for October 1,
2018, on a possible 30 -day extension to Maquoketa Valley Electric Cooperative's
electric franchise agreement that is set to expire October 3, 2018.
RESOLUTION 275-18 Setting a public hearing on an ordinance extending the term of
the franchise granted to Maquoketa Valley Electric Cooperative for an additional thirty
days.
Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for
October 1, 2018
2. Maquoketa Valley Electric Cooperative Franchise Fee
City Manager recommending that the City Council set a public hearing for October 1,
2018 on an ordinance imposing a franchise fee of 5% on Maquoketa Valley Electric
Cooperative.
RESOLUTION 276-18 Setting a public hearing on an ordinance imposing a franchise
fee of five percent (5%) on the gross revenue generated from the distribution and sale
of electricity within the city of Dubuque by Maquoketa Valley Electric Cooperative
Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for
October 1, 2018
7
3. Maquoketa Valley Electric Cooperative Franchise Agreement
City Manager recommending that the City Council set a public hearing for October 1,
2018 on an ordinance granting a new Franchise Agreement with Maquoketa Valley
Electric Cooperative.
RESOLUTION 277-18 Setting a public hearing on an ordinance granting to Maquoketa
Valley Electric Cooperative, its successors and assigns, the right and non-exclusive
franchise to acquire, construct, erect, maintain and operate in the City of Dubuque,
Iowa, an electric system and to furnish and sell electric energy to the City and its
inhabitants for a period of 25 years and authorizing the City to collect franchise fees
Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for
October 1, 2018
4. Fiscal Year 2019 First Budget Amendment
City Manager recommending the first Fiscal Year 2019 Budget Amendment be set for
public hearing for October 1, 2018.
RESOLUTION 278-18 Setting the date for the public hearing on Amendment No. 1 to
the Fiscal year 2019 Budget for the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for
October 1, 2018
5. Intent to Dispose of an Interest in Real Property Owned by the City of Dubuque
by Lease Supplements Between the City of Dubuque, Iowa and Southwestco
Wireless, Inc. D/B/A Verizon Wireless
City Manager recommending that the City Council set a public hearing for October 1,
2018, on the City's intent to dispose of an interest in real property owned by the City of
Dubuque by lease supplements between the City of Dubuque, Iowa, and Southwestco
Wireless, Inc. d/b/a Verizon Wireless that will add three small cell locations.
RESOLUTION 279-18 Intent to dispose of an interest in real property owned by the City
of Dubuque by Leases between the City of Dubuque, Iowa and Southwestco Wireless,
Inc., D/B/A Verizon Wireless
Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for
October 1, 2018
6. John F. Kennedy Road Sidewalk Installation Project Initiate
City Manager recommending preliminary approval of the construction plans and
specifications, approve of the Resolution of Necessity, approve the Preliminary
Schedule of Assessments and initiation of the public bidding process for the John F.
Kennedy Road Sidewalk Installation Project. It is further recommended that a public
hearing be set for October 15, 2018.
RESOLUTION 280-18 Resolution of Necessity for the John F. Kennedy Road Sidewalk
Installation Project
8
RESOLUTION 281-18 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
RESOLUTION 282-18 Approving the preliminary plats, schedule of assessments and
estimate of total cost for the John F. Kennedy Road Sidewalk Installation Project
RESOLUTION 283-18 Fixing date of public hearing on Resolution of Necessity
Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for
October 15, 2018
9
BOARDS/COMMISSIONS
Appointment was made to the following commission.
1. Parks and Recreation Advisory Commission:
One, 3 -year term through June 30, 2019 (Vacant term of Lyness)
Applicant:
1. Robert McCoy, 265 Main St.
Yays
Nays
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Larson
Shaw
Resnick
Buol
Rios
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Jones
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Del Toro
PUBLIC HEARINGS
1. Planned Unit Development (PUD) Amendment for Mercy Hospital / Mercy Drive
Proof of publication on notice of public hearing to consider approval of a request from
St. Joseph Mercy Hospital to amend the Mercy Hospital. ID Institutional District at 250
Mercy Drive, and the Zoning Advisory Commission recommending approval.
ORDINANCE 31-18 Amending Title 16 of the City of Dubuque Code of Ordinances,
Unified Development Code, by rescinding Ordinance 12-18, and approval of an
amended Campus Development Plan for the Mercy Hospital Institutional District to allow
construction of a new Cancer Center Building
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
Yays
Yays
Nays
Nays
Larson
Larson
#-r'
i./1
Shaw
Resnick
Resnick
Buol
Buol
Rios
Rios
,ea
,,Jones
‘ Jones
1.-
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Del Toro
Final Reading and Adopt
Yays
Nays
Larson
#-r'
Shaw
Resnick
Buol
Rios
,ea
,,Jones
1.-
Del Toro
11
2. Planned Unit Development (PUD) Amendment -5000 Block of Pennsylvania
Avenue
Proof of publication on notice of public hearing to consider approval of a request from
the City of Dubuque to rezone AG Agricultural Zoning District and PI Planned Industrial
Zoning District to Dubuque Industrial Center West (DICW) Planned Unit Development
(PUD) Zoning District in the 5000 Block of Pennsylvania Avenue, and the Zoning
Advisory Commission recommending approval.
ORDINANCE 32-18 Amending Title 16, Unified Development Code of the City of
Dubuque Code of Ordinances, by rescinding Ordinances No. 14-98, No. 07-02, and No.
83-04, and by rezoning approximately 124 Acres of Property from AG Agricultural
District and Approximately 36 Acres of Property from PI Planned Industrial to the
regulations of the Dubuque Industrial Center West PUD Planned Unit Development
District with a Pi Planned Industrial Designation
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
Yays
Nays
Larson
'
Shaw
Resnick
Buol
Rios
/
Jones
Del Toro
Final Reading and Adopt
Yays,
Nays
Larson
Shaw
Resnick
Buol
Rios
/
Jones
Del Toro
12
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3. Request to Rezone 1895 Radford Road '
Proof of publication on notice of public hearing to consider approval of a request from
Richard Sova / Landover Corporation to rezone a portion of property located at 1895
Radford Road from LI Light Industrial Zoning District to OC Office Commercial Zoning
District, and the Zoning Advisory Commission recommending approval.
ORDINANCE 33-18 Amending Title 16 of the City of Dubuque Code of Ordinances,
Unified Development Code, by reclassifying hereinafter described property located at
1800 Block of Radford Road from LI Light Industrial District to OC Office Commercial
District.
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
Yays
Nays
Larson
Shaw
Resnick
Buol
Rios
",
Jones
Del Toro
Final Reading and Adopt
Yays
Nays
Larson
Shaw
Resnick
Buol
Rios
Jones
Del Toro
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13
4. Water Main Extension to Tamarack Park Project
Proof of publication on notice of public hearing to consider approval of plans,
specifications, form of contract, and estimated cost of the Water Main Extension to
Tamarack Park Project, and the City Manager recommending approval.
RESOLUTION 284-18 Approval of plans, specifications, form of contract and estimated
cost for the Water Main Extension to Tamarack Park Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
Yays
Nays
Larson
K
Shaw
Resnick
Buol
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Rios
Jones
Del Toro
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14
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PUBLIC INPUT
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ACTION ITEMS
1. Greater Dubuque Development Corporation - Quarterly Report
President and CEO Rick Dickinson to present the quarterly update on the activities of
the Greater Dubuque Development Corporation
Suggested Disposition: Receive and File
Yays
Nays
Larson
6
Shaw
/
Resnick
Buol
Rios
Jones
Del Toro
16
2. 2018 City Expo Flyer
City Manager providing a copy of the flyer announcing the 2018 City Expo, 4-7 p.m. on
September 18, 2018 at Five Flags Center.
Suggested Disposition: Receive and File
Yays
Nays
,e--
Larson
j,,,''-;
Shaw
Resnick
Buol
Rios
Jones
Del Toro
17
3. Parking Smart Meter Pilot Memorandum of Understanding Changed -
City
Manager recommending approval to negotiate the final details and sign a
Memorandum of Understanding with Municipal Parking Services for the purpose of a
smart meter pilot that will be completed at no cost to the City and will provide valuable
data to City staff and City Council for evaluating wider use of this technology in the
meter districts. Staff will provide a brief presentation.
Suggested Disposition: Receive and File; Approve, Presentation
Yays
Nays
Larson
Shaw
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Resnick
Buol
Rios
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Jones
Del Toro
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4. Broadband Update and Request for Approval to Contract with Environmental
Systems Research Institute, Inc. (ESRI)
City Manager providing an, update on continuing broadband activity and recommending
approval to contract with ESRI for support services for development of a broadband
application viewer that would leverage open data for maps and applications to provide
information to the public regarding options for broadband providers and services and
obtain feedback from residents.
Suggested Disposition: Receive and File; Approve
Yays
Nays
.fr
Larson
Shaw
Resnick
Buol
Rios
Jones
7
Del Toro
19
5. Code of Ordinances Amendment - Title 6 Prohibited and Exempt Noises (Final
Reading)
City Manager recommending approval of an update to the prohibited noises and exempt
noises ordinances to update some terminology in the prohibited noises ordinance and
add provisions and sections that further clarifying the use, prohibitions and exemptions
of outdoor music or amplified noise.
ORDINANCE 34-18 Amending City of Dubuque Code of Ordinances Title 6 Health,
Housing, Sanitation and Environment, Chapter 5 Noises, Section 6-5-1 Prohibited
Noises
ORDINANCE 35-18 Amending City of Dubuque Code of Ordinances Title 6, Health,
Housing, Sanitation and Environment, Chapter 5 Noises, Section 6-5-3 Exempt Noises
Suggested Disposition: Receive and File; Motion B; Motion A
spend the Readings
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Yays
,days
Larson
aw
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41ios
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Jones
Del Toro
Final Reading and Adopt
Yays
Nays
Larson
Shaw
Resnick
Buol
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Rios
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Jones
Del Toro
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6. Code of Ordinances Amendment - Title 7 Door Hangars
City Manager recommending approval of an amendment to the City's door hanger
ordinance.
ORDINANCE 36-18 Amending City of Dubuque Code of Ordinances Title 7 Police, Fire
and Public Safety, Chapter 5 Offenses, Article A General Offenses, Section 7-5A-5
Advertising Materials, Billposting; Littering
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
Yays
Nays
it,
Larson
tr'
Shaw
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Resnick
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Buol
Rios
Jones
Del Toro
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Final Reading and Adopt
Yays
Nays
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Larson
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Shaw
Resnick
Lam--
Buol
Rios
Jones
Del Toro
6/44,1
21
7. Code of Ordinances Amendment - Title 14 Vacant and /or Abandoned Buildings
City Manager recommending approval of an amendment to City Code Section 14-4-1 to
include the definition of the International Residential Code.
ORDINANCE 37-18 Amending City of Dubuque Code of Ordinances Title 14 Building
and Development, Chapter 4 Licensing of Vacant and/or Abandoned Buildings, Section
14-4-1 Definitions
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
Yays
Nays
Larson
Shaw
Resnick
Buol
Rios
Jones
Del Toro
Final Reading and Adopt
Yayis
Nays
V /
Larson
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Shaw
„Resnick
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Buol
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Jones
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Del Toro
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COUNCIL MEMBER REPORTS
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CLOSED SESSION 8= •.m.
Pending Litigation and Real Estate Transfer Negotiations — Chapter 21.5(1)(c), -(j) Code
of Iowa
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Mayor Buol stated for the record that the attorneys who will consult with City
Council on the issues to be discussed in the closed session are
Yays
Nays
Larson
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Shaw
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Resnick
Buol
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Rios
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Jones
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Del Toro
Reconvene in open session
ADJOURNMENT @
Yays
Nays
Larson
Shaw
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Resnick
Buol
Rios
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Jones
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Del Toro
p.m.
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TO: Kevin S. Firnstahl, City Clerk
You are hereby directed to call a Regular Session of the City Council to be
held on Monday, September 17, 2018 at 6:00 PM in the Historic Federal Building
for the purpose of conducting such business that may properly come before the
City Council.
Consent Items: Pages 1-4
oy D. Buol, Mayor