5 3 10 City Council Agenda without Icons
ROLL CALL ORDER
FOR MEETING OF 5/3/10
CONNORS
JONES
LYNCH
RESNICK
VOETBERG
BRAIG
BUOL
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
6:30 P.M.
HISTORIC FEDERAL BUILDING
MONDAY, MAY 3, 2010
PLEDGE OF ALLEGIANCE
INVOCATION
Father Gabriel Anderson, St. Columbkille's Catholic Church
PROCLAMATIONS
Bike to Work Week (May 17 – 21, 2010)
Preservation Month (May, 2010)
National Train Day (May 8, 2010)
Nursing Home Week (May 9 – 15, 2010)
Public Service Employee Recognition Week (May 3 – 7, 2010)
AmeriCorps Week (May 8 – 15, 2010)
Compass to Care Day (July 9, 2010)
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
Arts and Cultural Affairs Advisory Commission of 3/23; Cable TV Regulatory
Commission of 9/9/09; City Council of 4/19; Civil Service Commission of 4/8;
Environmental Stewardship Advisory Commission of 4/6; Historic Preservation
Commission of 4/15; Housing Commission of 3/23; Mechanical Board of 4/14; Park and
Recreation Commission of 3/9
Library Board of Trustees Update from the meeting of April 22, 2010
Proof of publication of City Council Proceedings of April 5 and 12, 2010
Suggested Disposition: Receive and File
2. Notice of Claims/Suits
Melvin Moss for vehicle damage; James Hanson for property damage; State Farm
Insurance (William Roberts) for vehicle damage; Christopher Lange for property
damage; Coralita Shumaker for vehicle damage; Aaron Young 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: James Hanson
for property damage; William Roberts for vehicle damage; Interstate Power and Light for
property damage; Diane Boge for vehicle damage; Melvin Moss for vehicle damage
Suggested Disposition: Receive and File; Concur
3. 2010 – 2011 Deer Management Plan
City Manager recommending approval of the 2010 – 2011 Urban Deer Management
Program.
Suggested Disposition: Receive and File; Approve
4. Mystique Casino
Communication from Jesús Avilés, Mystique Casino, requesting to display fireworks on
June 5, 2010 in celebration of 26 years of live racing at Dubuque Greyhound Park.
Suggested Disposition: Receive and File; Approve
5. Historic Resource Development Program (HRDP) Grant Application
City Manager recommending approval of a $20,500 grant application to the State
Historical Society of Iowa for Historic Resource Development Program (HRDP) grant
funds for the Mines of Spain Interactive Multi-Media Timeline Exhibit.
RESOLUTION
Authorizing grant application for HRDP Funds for Mines of Spain
Interactive Multi-Media Timeline Exhibit
Suggested Disposition: Receive and File; Adopt Resolution
6. Historic District Public Improvement Program (HDPIP)
Historic Preservation Commission recommending approval of $20,270 in Historic
District Public Improvement Program (HDPIP) funds for the Julien Dubuque Monument
Interpretive Exhibit at the E.B. Lyons Interpretive Center.
Suggested Disposition: Receive and File; Approve
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7. Dubuque Community School District – Water Meter Wireless Network Equipment
License Agreement
City Manager recommending approval of the Water Meter Wireless Network Equipment
License Agreements between the City and the Dubuque Community School District for
placement of equipment at Table Mound Elementary School and Washington Middle
School.
Suggested Disposition: Receive and File; Approve
8. Iowa Department of Transportation
Communication from the Iowa Department of Transportation providing official
notification that the Iowa Department of Transportation proposes to let three pavement
repair projects (US 20, Iowa 32, US 61) on May 18, 2010.
Suggested Disposition: Receive and File
9. Iowa Department of Economic Development – Notice of Board Action
Communication to Bob Johnson from the Iowa Economic Development Board advising
that the Board intends to award Sustainable Neighborhood Builders, Inc. the Brownfield
Redevelopment Tax Credit, maximum credit of $100,000, for their project in Dubuque.
Communication to Mary Gronen from the Iowa Economic Development Board advising
that the Board intends to award Caradco Building, LLLP the 12% Grayfield
Redevelopment Tax Credit, maximum credit of $100,000, for their project in Dubuque.
Communication to Chad Walsh from the Iowa Economic Development Board advising
that the Board intends to award B & C Cathedral Development, LLC the 12% Grayfield
Redevelopment Tax Credit, maximum credit of $100,000, for their project in Dubuque.
Communication to Sherry Freebery from the Iowa Economic Development Board
advising that the Board intends to award 40 Main, LLC the Brownfield Redevelopment
Tax Credit, maximum credit of $100,000, for their project in Dubuque.
Suggested Disposition: Receive and File
10. Hempstead Safety Improvements – Crosswalks and Geometrics Phase I Project
City Manager recommending acceptance of the Hempstead Safety Improvements –
Crosswalks and Geometrics Phase I Project as completed by McDermott Excavating in
the final contract amount of $97,070.52.
RESOLUTION
Accepting the Hempstead Safety Improvements – Crosswalks and
Geometrics Project Phase I and authorizing payment of the contract amount to the
contractor
Suggested Disposition: Receive and File; Adopt Resolution
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11. Cooperative Traffic Paint and Pavement Markings Agreement
City Manager recommending approval of a new Traffic Paint and Pavement Markings
Agreement between the City and County of Dubuque.
RESOLUTION
Approving Traffic Paint and Pavement Markings Agreement between the
City of Dubuque and Dubuque County
Suggested Disposition: Receive and File; Adopt Resolution
12. Iowa Department of Transportation Agreement – Traffic Signal Upgrade
City Manager recommending approval to execute an Iowa Department of Transportation
Traffic Safety Funding Agreement for a Traffic Signal Mastarm Retrofit Project on
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Central Avenue at 5 and 7 Streets.
RESOLUTION
Approving the Iowa Department of Transportation State Aid Funding
Agreement (Agreement No. 2011-TS-029) for the Traffic Signal Mastarm Retrofit
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Project, Central Avenue at 5 and 7th Streets
Suggested Disposition: Receive and File; Adopt Resolution
13. IA 32 Geometric and Signalization Improvements – US 20 to John F. Kennedy
Road
City Manager recommending approval to execute an Iowa Department of Transportation
Iowa Clean Air Attainment Program (ICAAP) Funding Agreement for the IA 32
Geometric and Signalization Improvements – US 20 to John F. Kennedy Road Project.
RESOLUTION
Approving the Iowa Department of Transportation Federal Aid Funding
Agreement (Agreement No. 6-10-ICAAP-11) for the IA 32 Geometric and Signalization
Improvements
Suggested Disposition: Receive and File; Adopt Resolution
14. IA 32 and Asbury Road Turn Lane Improvement Project – Agreement No. 6-10-
STPU-06
City Manager recommending approval of the Iowa Department of Transportation
Federal Aid Funding Agreement for a Surface Transportation Program (Agreement No.
6-10-STPU-06) for IA 32 and Asbury Road Turn Lane Improvement Project.
RESOLUTION
Approving the Iowa Department of Transportation Federal Aid Funding
Agreement (Agreement No. 6-10-STPU-06) for the IA 32 and Asbury Road Turn Lane
Improvement Project
Suggested Disposition: Receive and File; Adopt Resolution
15. Asbury Road and IA 32 Traffic Signal and Grading Project – Traffic Safety Funding
Agreement
City Manager recommending approval of the Iowa Department of Transportation Traffic
Safety Funding Agreement for a signal and grading project that will make improvements
to the IA 32 and Asbury Road intersection.
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RESOLUTION
Approving the Iowa Department of Transportation State Aid Funding
Agreement (Agreement No. 2009-TS-017) for the Asbury Road and IA 32 Traffic Signal
and Grading Project
Suggested Disposition: Receive and File; Adopt Resolution
16. IA 32 and Asbury Road Turn Lane Improvement Project – Agreement No. 6-10-
USTEP-12
City Manager recommending approval of the Iowa Department of Transportation Urban-
State Traffic Engineering Program (U-STEP) Agreement for the IA 32 and Asbury Road
Turn Lane Improvement Project.
RESOLUTION
Approving the Iowa Department of Transportation Federal and Funding
Agreement (Agreement No. 6-10-STPU-06) for the IA 32 and Asbury Road Turn Lane
Improvement Project
Suggested Disposition: Receive and File; Adopt Resolution
17. Brunskill Road – Iowa Department of Transportation Funding Agreement
City Manager recommending approval of the Iowa Department of Transportation
Federal Aid Funding Agreement for the Brunskill Road Bridge Replacement Project.
RESOLUTION
Approving the Iowa Department of Transportation Federal Aid Funding
Agreement (Agreement No. 6-10-HBRR-09) for the Brunskill Road Bridge Replacement
Project
Suggested Disposition: Receive and File; Adopt Resolution
18. Bee Branch Creek Restoration Project – Purchase of 501 / 507 Garfield Avenue
City Manager recommending approval to establish the fair market value of 501 / 507
Garfield Avenue at the appraised value of $250,000 and authorize the City Manager to
begin negotiations to acquire the property for the Bee Branch Creek Restoration
Project.
RESOLUTION
Establishing the Fair Market Value of certain real property owned by IBC
Sales Corporation in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
19. Bee Branch Creek Restoration Project – Purchase of 2263 Elm Street
City Manager recommending approval to establish the fair market value of 2263 Elm
Street at the appraised value of $47,000 and authorize the City Manager to begin
negotiations to acquire the property for the Bee Branch Creek Restoration Project.
RESOLUTION
Establishing the Fair Market Value of certain real property owned by
Robert D. and Livija Klauer in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
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20. Bee Branch Creek Restoration Project – Purchase of 2275 Elm Street
City Manager recommending approval to establish the fair market value of 2275 Elm
Street at the appraised value of $60,000 and authorize the City Manager to begin
negotiations to acquire the property for the Bee Branch Creek Restoration Project.
RESOLUTION
Establishing the Fair Market Value of certain real property owned by
Robert D. and Livija Klauer in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
21. Bee Branch Creek Restoration Project – Purchase of 2350 Elm Street
City Manager recommending approval to establish the fair market value of 2350 Elm
Street at the appraised value of $27,500 and authorize the City Manager to begin
negotiations to acquire the property for the Bee Branch Creek Restoration Project.
RESOLUTION
Establishing the Fair Market Value of certain real property owned by
Jerry A. Spiegelhalter in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
22. Bee Branch Creek Restoration Project – Purchase of 2349 Elm Street
City Manager recommending approval to establish the fair market value of 2349 Elm
Street at the appraised value of $57,500 and authorize the City Manager to begin
negotiations to acquire the property for the Bee Branch Creek Restoration Project.
RESOLUTION
Establishing the Fair Market Value of certain real property owned by
Jerry A. Spiegelhalter in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
23. Bee Branch Creek Restoration Project – Purchase of 500 Rhomberg Avenue
City Manager recommending approval to establish the fair market value of 500
Rhomberg Avenue at the appraised value of $100,000 and authorize the City Manager
to begin negotiations to acquire the property for the Bee Branch Creek Restoration
Project.
RESOLUTION
Establishing the Fair Market Value of certain real property owned by
PJ’s Tap, LLC in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
24. Bee Branch Creek Restoration Project – Purchase of 501 Rhomberg Avenue
City Manager recommending approval to establish the fair market value of 501
Rhomberg Avenue at the appraised value of $90,000 and authorize the City Manager to
begin negotiations to acquire the property for the Bee Branch Creek Restoration
Project.
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RESOLUTION
Establishing the Fair Market Value of certain real property owned by
Steven Smith and Gary L. Carner in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
25. Bee Branch Creek Restoration Project – Purchase of 2356 Washington Street
City Manager recommending approval to establish the fair market value of 2356
Washington Street at the appraised value of $86,500 and authorize the City Manager to
begin negotiations to acquire the property for the Bee Branch Creek Restoration
Project.
RESOLUTION
Establishing the Fair Market Value of certain real property owned by
Steven and Sue A. Boelk in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
26. Montrose Terrace Stairs Reconstruction Project
City Manager recommending award of the contract for the Montrose Terrace Stairs
Reconstruction Project to Max Smith Construction in the amount of $43,871.00.
Suggested Disposition: Receive and File; Approve
27. FEMA Flood Plain Mapping – Consultant Selection
City Manager recommending approval of the selection of Camp Dresser & McKee as
the consultant to perform the necessary engineering analysis, prepare the necessary
documentation, and submit an application for a Letter of Map Revision (LOMR) to
FEMA to revise flood hazard zones identified in the Digital Federal Insurance Rate Map
(DFIRM) proposed by FEMA for the City of Dubuque.
Suggested Disposition: Receive and File; Approve
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28. 10 and Central Parking Ramp – Economic Development Administration Contract
City Manager recommending approval for the Mayor to execute a contract with the
Economic Development Administration (EDA) for a $1,500,000 grant to fund a
downtown parking ramp.
RESOLUTION
Authorizing contract with U.S. Department of Commerce Economic
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Development Administration – EDA for the 10 and Central Parking Ramp Project
Suggested Disposition: Receive and File; Adopt Resolution
29. Housing Enterprise Zone Program Agreement – Helicon Management, LLC
City Manager recommending approval of a Housing Enterprise Zone Program
Agreement by and among the Iowa Department of Economic Development, the City of
Dubuque and Helicon Management, LLC.
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RESOLUTION
Approving a Housing Enterprise Zone Program Agreement by and
among the Iowa Department of Economic Development, the City of Dubuque and
Helicon Management, LLC
Suggested Disposition: Receive and File; Adopt Resolution
30. Iowa Community Cultural Grant Application
City Manager recommending approval of an application to the Iowa Department of
Cultural Affairs for an Iowa Community Cultural Grant to fund the part-time Arts and
Cultural Affairs Coordinator position.
Suggested Disposition: Receive and File; Approve
31. Mobile Data Terminals – Request for Proposals
City Manager recommending approval to issue a Request for Proposals for
procurement of Mobile Data Terminals in KeyLine mini-buses which will offer real-time
dispatching capabilities for the mini-bus operation.
Suggested Disposition: Receive and File; Approve
32. Consulting and Actuarial Services Agreement – Gallagher Benefit Services
City Manager recommending approval of an amendment to the Administrative Services
Agreement with Gallagher Benefit Services for benefit consulting and actuarial services
effective July 1, 2010 through June 30, 2012.
Suggested Disposition: Receive and File; Approve
33. Fiscal Year 2011 Detailed Operating Budget for the Five Flags Center
City Manager recommending approval of the detailed Fiscal Year 2011 operating
budget for the Five Flags Center as submitted by SMG.
Suggested Disposition: Receive and File; Approve
34. Port of Dubuque Usage Policies
City Manager recommending approval of revisions to the Port of Dubuque usage
policies effective May 3, 2010 to only allow private rentals at the Alliant Energy
Amphitheater that desire beer, wine or liquor to do so with a licensed beer/liquor permit
holder with catering privileges.
Suggested Disposition: Receive and File; Approve
35.
M2M Magazine
Copy of article from M2M Magazine featuring Mayor Roy D. Buol.
Suggested Disposition: Receive and File
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36. Investment Policy Revision
City Manager recommending approval of updates to the City’s Investment Policy.
RESOLUTION
Adopting the City of Dubuque Investment Policy
Suggested Disposition: Receive and File; Adopt Resolution
37. Quarterly Investment Report
City Manager transmitting the March 31, 2010 Quarterly Investment Report.
Suggested Disposition: Receive and File
38. Business License Refund
Request of Mark Molo, Molo Oil Company, for a refund of Beer Permit License
#BC0027561 for Puff N Snuff at 1101 Rhomberg Avenue.
Suggested Disposition: Receive and File; Approve Refund
39. Liquor License Applications
City Manager recommending approval of annual liquor license renewals as submitted.
RESOLUTION
Granting the issuance of a Class “B” Beer Permit (5-Day Special Event)
to Diamond Jo Casino and Music N More; and a Class “C” Beer Permit to Ron’s Five
Point Mart, Ron’s Discount Smokes, Tobacco Outlet, Walgreens #6154, Walgreens
#9708, Casey’s General Store #2420, Casey’s General Store #2421, and Keywest
Conoco
RESOLUTION
Granting the issuance of a Class “A” (Club) Beer/Liquor License to
Dubuque Golf and Country Club; a Class “B” (Hotel/Motel) Beer/Liquor License to Days
Inn and Spirits Bar; a Class “C” Beer/Liquor License to Hammer Time Bar,
Shenanigan’s Pub, The Lift, Tott’s Tap, Catfish Charlie’s, and Buffalo Wild Wings; Class
“C” Beer/Liquor License (5-Day Special Event) to Dubuque County Fine Arts Society; a
Class “B” Wine Permit to Walgreens #6154 and Walgreens #9708; a Class “WBN”
Native Wine Permit to Casey’s General Store #2421, Casey’s General Store #2420 and
Keywest Conoco; and a Class “WCN” Native Wine Permit to Stone Cliff Winery
Suggested Disposition: Receive and File; Adopt Resolutions
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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. Bee Branch Creek Building Deconstruction Project
City Manager recommending initiation of the public bidding process for the Bee Branch
Creek Building Deconstruction Project and that a public hearing be set for May 17, 2010
to consider approval of the plans and specifications, form of contract and estimated
cost.
RESOLUTION
Preliminary approval of plans, specifications, form of contract, and
estimated cost, setting date of public hearing and ordering bids for the Bee Branch
Creek Building Deconstruction Project
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
5/17/10
BOARDS/COMMISSIONS
Appointments to the following Boards/Commissions:
Housing Commission
One 3-year term through August 17, 2012 (Term of Plein)
Applicant:
Lisa McAllister, 1701 ½ Central Avenue
Mechanical Board
One 3-year term through March 16, 2013 (Term of Bandy)
Applicant:
Ronald Billmeyer, 1745 Geraldine Drive
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. Dubuque Terminals, Inc. (Newt) Leases
Proof of publication on notice of public hearing to consider proposed leases with
Dubuque Terminals, Inc. for the Ice Harbor and Dove Harbor areas and City Manager
recommending approval.
RESOLUTION
Disposing of an interest in real property owned by the City of Dubuque
by lease between the City of Dubuque, Iowa and Dubuque Terminals, Inc., an Iowa
Corporation (the Dove Harbor Lease)
RESOLUTION
Disposing of an interest in real property owned by the City of Dubuque
by lease between the City of Dubuque, Iowa and Dubuque Terminals, Inc., an Iowa
Corporation (the Ice Harbor Lease)
Suggested Disposition: Receive and File; Adopt Resolutions
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2. Lower Bee Branch Creek Restoration Project
Proof of publication on notice of public hearing to consider the plans and specifications,
form of contract and estimated cost for the Lower Bee Branch Creek Restoration Project
and City Manager recommending approval.
RESOLUTION
Approving plans, specifications, form of contract, and estimated cost for
the Lower Bee Branch Creek Restoration Project
Suggested Disposition: Receive and File; Adopt Resolution
3. Asbury Road and IA 32 Traffic Signal and Grading Project
Proof of publication on notice of public hearing to consider the plans and specifications,
form of contract and estimated cost for the Asbury Road and IA 32 Traffic Signal and
Grading Project and City Manager recommending approval.
RESOLUTION
Approving plans, specifications, form of contract, and estimated cost for
the Asbury Road and IA 32 Traffic Signal and Grading Project
Suggested Disposition: Receive and File; Adopt Resolution
REINSTATE THE RULES
This action limits discussion to the City Council.
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. Liquor License Violation Hearing – Lot One
City Manager recommending that a hearing be held regarding the second offense civil
alcohol compliance penalty violation for Lot One to determine if the alcohol compliance
civil penalty should be assessed.
Suggested Disposition: Receive and File; Approve
2. Wingate Place No. 3 – Final Plat
City Manager recommending approval of the final plat of Wingate Place No. 3 as
requested by James Gantz.
RESOLUTION
Approving final plat of Wingate Place No. 3 in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
3. Transit Management Contract Proposal
City Manager recommending approval of the selection of ECIA for transit management
services.
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RESOLUTION
Approving the selection of East Central Intergovernmental Association
(ECIA) for transit management services and authorizing the City Manager to execute an
appropriate contract for said management contract.
Suggested Disposition: Receive and File; Adopt Resolution
4. Washington Street Row House Project – Iowa Finance Authority Loan
City Manager recommending approval of a $250,000 loan application through the
OurHome Construction Loan Program from the Iowa Finance Authority to assist with the
row house project at 1765-1795 Washington Street.
Suggested Disposition: Receive and File; Approve
5. Dubuque Levee and Floodwall Certification
City Manager recommending approval of the submission of the One-Year Progress
Report for certification of the Dubuque levee and floodwall system along the Mississippi
River, and other related documents to the Federal Emergency Management Agency.
Suggested Disposition: Receive and File; Approve
6. Designation of Chavenelle Drive as Through Street
City Manager recommending that Chavenelle Drive be designated as a “through street”
from Associates Drive to the east right-of-way line of Seippel Road and from the west
right-of-way line of Seippel Road to its northerly terminus.
ORDINANCE
Amending City of Dubuque Code of Ordinances of the City of Dubuque
Code of Ordinances § 9-7-321.321 Entering through Streets by adding Chavenelle
Drive, from Associates Drive to the east right-of-way line of Seippel Road and from the
west right-of-way line of Seippel Road to its northerly terminus
ORDINANCE
Amending the Code of Ordinances of the City of Dubuque, Iowa by
modifying Subsection (A) of Section § 9-7-321.322 thereof providing for the deletion of
the stop sign on Futuro Court at Chavenelle Drive
Suggested Disposition: Receive and File; Motion B; Motion A
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)(j) Code of Iowa
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