2 7 11 City Council Agenda
ROLL CALL ORDER
FOR MEETING OF 2/7/11
LYNCH
RESNICK
VOETBERG
BRAIG
BUOL
CONNORS
JONES
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
5:30 P.M. – WORK SESSION – CONVENTION AND VISITORS BUREAU
6:30 P.M. – REGULAR MEETING
HISTORIC FEDERAL BUILDING
MONDAY, FEBRUARY 7, 2011
PLEDGE OF ALLEGIANCE
INVOCATION
Dr. Reverend Ken Bickel, First Congregational UCC
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 11/23; City Council of 1/18; Civil
Service Commission of 12/6 and 1/14; Historic Preservation Commission of 1/20;
Housing Code Appeals Board of 10/19; Housing Commission of 11/23; Investment
Oversight Advisory Commission of 1/27; Long Range Planning Advisory Commission of
1/19; Park and Recreation Commission of 1/11
Substance Abuse Services Center Fiscal Year 2011 Second Quarter Report
Library Board of Trustees Update from the Meeting of January 27, 2011
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Investment Oversight Advisory Commission 71 Quarterly Report
Proofs of publication of City Council Proceedings of January 3 and 18, 2011 and List of
Claims and Summary of Revenues for Month Ended December 31, 2010
Suggested Disposition: Receive and File
2. Notice of Claims/Suits
Jennifer Ney for personal injury/property damage; Emily Marie Leicht for vehicle
damage; Marion Durrah vs City of Dubuque, et al; Susan Schueller for vehicle damage;
Clay W. Gronen 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: Michael Willis
for vehicle damage; Miriah Roath for personal injury and vehicle damage; Katie
Schaefer for vehicle damage; Jennifer Ney for personal injury/property damage; Kayla
McLaughlin for vehicle damage; Christa Welu Trust for property damage
Suggested Disposition: Receive and File; Concur
3. Management Agreement for Bunker Hill Golf Course
City Manager recommending approval of a management agreement with G.M.S., Inc.
(George Stephenson) for the Bunker Hill Golf Course for the period beginning March 1,
2011 and ending November 30, 2011.
Suggested Disposition: Receive and File; Approve
4. Federal Emergency Management Agency (FEMA)
Communication to Bob Bissell, FEMA Region VII, regarding the Scientific Review Panel
Notification for FEMA Preliminary DFIRM.
Suggested Disposition: Receive and File
5. North End Neighborhood Association
Communication from the North End Neighborhood Association thanking the City for the
combined efforts that made possible the FEMA decision to accept the revised flood map
created by the City of Dubuque’s consultant CDM.
Suggested Disposition: Receive and File
6. Master Consulting Services Agreement
City Manager recommending approval of the First Amendment to the Master Consulting
Services Agreement with David Lyons to extend the agreement through June 30, 2012.
Suggested Disposition: Receive and File; Approve
7. Legislative Correspondence
Communication to the Legislative Information Office urging the Iowa Legislature to
maintain both the Iowa Smart Planning Bill and the I-JOBS II funding.
Communication to area legislators expressing opposition of the City of Dubuque to
several aspects of Governor Branstad’s budget.
Suggested Disposition: Receive and File
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8. Smart Planning Bill
Communication from the Long Range Planning Advisory Commission advising that the
Commission supports the Iowa Smart Planning Bill and related expenses and urging the
City Council to support it also.
Suggested Disposition: Receive and File
9. Complete Streets Policy
Communication from the Long Range Planning Advisory Commission advising that
Complete Streets are consistent with the 2008 Dubuque Comprehensive Plan and
recommending that the City Council adopt a Complete Streets Policy.
Suggested Disposition: Receive and File
10. Harvest View Estates Sixth Addition
City Manager recommending re-approval of the final plat of Harvest View Estates Sixth
Addition.
RESOLUTION
Authorizing the re-approval of the final plat of Harvest View Estates
Sixth Addition in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
11. Save America’s Treasures (SAT) Program Funding
City Manager’s communication to The Honorable Ken Salazar, Secretary of the
Department of Interior, regarding the importance of ensuring that Save America’s
Treasures is included as a priority in the 2012 budget at the $25 million level.
Suggested Disposition: Receive and File
12. Natural Gas Wireless Network Equipment License Agreement
City Manager recommending approval of the Natural Gas Wireless Network Equipment
License Agreement between the City of Dubuque and Black Hills Energy.
Suggested Disposition: Receive and File; Approve
13. Resolution of Protest to Preliminary DFIRM for the City of Dubuque
Communication to Richard Leonard, FEMA Region VII, expressing gratitude for the
assistance and cooperation that FEMA has shown with respect to re-mapping the Bee
Branch and other areas of the City.
Suggested Disposition: Receive and File
14. Central Avenue HMA Resurfacing Project
City Manager recommending approval of an Iowa Department of Transportation (Iowa
DOT) Cooperative Agreement for Primary Road Project for the Central Avenue HMA
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Resurfacing Project, from 21 to 32 Street.
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RESOLUTION
Approving the Iowa Department of Transportation Cooperative Agreement
for Primary Road Project (Agreement No. 2011-16-079) for the Central Avenue HMA
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Resurfacing with Milling Project, from 21 To 32 Street
Suggested Disposition: Receive and File; Adopt Resolution
15. Bee Branch Deconstruction Project
City Manager recommending acceptance of the Bee Branch Deconstruction Project as
completed by Gronen Restoration in the amount of $332,058.65 for Bid Groups 1, 2, 4,
6, 12, and 13; Tschiggfrie Excavating in the amount of $622,097.28 for Bid Groups 3, 5,
8, 9, 10, 11, 14, and 15; and Ted Stackis Construction in the amount of $141,742.63 for
Bid Group 7.
RESOLUTION
Accepting the building deconstruction associated with the Bee Branch
Creek Restoration Project, Bid Groups 1, 2, 4, 6, 12, and 13 and authorizing the
payment of the contract amount to the contractor
RESOLUTION
Accepting the building deconstruction associated with the Bee Branch
Creek Restoration Project, Bid Groups 3, 5, 8, 9, 10, 11, 14 and 15 and authorizing the
payment of the contract amount to the contractor
RESOLUTION
Accepting the building deconstruction associated with the Bee Branch
Creek Restoration Project, Bid Group 7 and authorizing the payment of the contract
amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolutions
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16. Plat Approval: Kerper Boulevard – 12 Street to 16 Street
City Manager recommending approval of the plat of Lot 1 and Lot A of Bee Branch
Subdivision No. 2 in the City of Dubuque, Dubuque County, Iowa.
RESOLUTION
Approving the final plat of Lot 1 and Lot A of Bee Branch Subdivision
No. 2 in the City of Dubuque, Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
17. Vacant and Abandoned Building (VABs) and Problem Property Assessments
City Manager recommending approval of vacant and abandoned building and problem
property assessments.
RESOLUTION
Authorizing the City to collect delinquent vacant and abandoned building
and problem property charges in accordance with Title 6-6-3B1h; Title l6-6-4B3 and
Title 6-6B of the Code of Ordinances of the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
18. Grass and Weed Cutting Assessments
City Manager recommending approval to certify grass and weed cutting charges to the
Dubuque County Treasurer in order to establish real property liens for collection of such
charges.
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RESOLUTION
Authorizing the City to collect delinquent grass and weed cutting and
garbage collection charges in accordance with Title 6-6-3C2o; Title 6-6-4B3 and Title 6-
6B of the Code of Ordinances of the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
19. Delinquent Water, Sewer, Refuse and Storm Water Collection Accounts
City Manager recommending approval of the submission of delinquent water, sewer,
refuse and storm water collection accounts to the Dubuque County Treasurer.
RESOLUTION
Adopting the Schedule of Assessments for delinquent water, refuse,
sewer and storm water collection accounts and directing the Clerk to certify the
schedule of assessments to the County Treasurer and to publish notice thereof
Suggested Disposition: Receive and File; Adopt Resolution
20. Comprehensive Annual Financial Report (CAFR)
City Manager transmitting the 2010 Comprehensive Annual Financial Report (CAFR).
Suggested Disposition: Receive and File
21. Sister City Relationships Advisory Commission
Communication from Eric Miller advising that he will be unable to accept an
appointment to the Sister City Relationships Advisory Commission.
Suggested Disposition: Receive and File; Accept Resignation
22. Workers’ Compensation Claims
City Manager recommending approval of the settlement of the workers’ compensation
claims of Michael Clancy and Kevin Sweeney.
Suggested Disposition: Receive and File; Approve
23. Levee Certification – Interior Drainage Study Agreement Amendment
City Manager recommending approval to amend the City’s agreement with CDM to
include the interior drainage study required as a prerequisite for levee certification.
Suggested Disposition: Receive and File; Approve
24. Historic Millwork District Streetscape and Utilities – V&K Amendment No. 2
City Manager recommending approval of Amendment No. 2 to the Historic Millwork
District Sreetscape and Utilities Professional Engineering Services Agreement between
the City and Veenstra & Kimm, Inc. (V&K).
Suggested Disposition: Receive and File; Approve
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25. Citizen Petition
Petition submitted by Judith Hertin, 2074 Morningview Road, regarding school taxes.
Suggested Disposition: Receive and File
26. A.Y. McDonald Manufacturing Iowa Demonstration Fund Application
Communication to the Iowa Department of Economic Development in support of the
application submitted by A.Y. McDonald Manufacturing for financial assistance from the
IDED’s Demonstration Fund.
Suggested Disposition: Receive and File
27. Quarterly Investment Report
City Manager transmitting the December 31, 2010 Quarterly Investment Report.
Suggested Disposition: Receive and File
28. Preliminary DFIRM Revised Panels
City Manager transmitting correspondence with the Federal Emergency Management
Agency (FEMA) regarding revised panels for the preliminary Digital Flood Insurance
Rate Map (DFIRM) for our community.
Suggested Disposition: Receive and File
29. Envision 2010 Brochure
Submittal of the new Envision 2010 progress report brochure.
Suggested Disposition: Receive and File
30. Dubuque Industrial Center North First Addition – Covenants
City Manager recommending approval of the same covenants that govern the Dubuque
Industrial Center West for the Dubuque industrial Center North First Addition.
RESOLUTION
Adopting the Third Amended and Restated Declaration of Covenants,
Conditions, Restrictions, Reservations, Easements, Liens and Charges with respect to
Dubuque Industrial Center North First Addition
Suggested Disposition: Receive and File; Adopt Resolution
31. Signed Contracts
(A) 975 Central Parking Ramp Change Order #PS-02
(B) Water Pollution Control Plant Modifications – Miron Construction Co., Inc. Change
Order No. 3
(C) JELD-WEN Chipper Agreement
(D) Water Pollution Control Plant Modifications – Strand Associates, Inc. – Engineering
Services Agreement – Outfall Sewer Assessment
(E) Water Pollution Control Plant Modifications – Miron Construction Co., Inc. Change
Order No. 4
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(F) Water Pollution Control Plant Modifications – MWH Americas, Inc. Additional
Service Agreement II
(G) Water Pollution Control Plant Modifications – Strand Associates, Inc. – Construction
Related Services Agreement
(H) Water Pollution Control Plant Modifications – EcoSmart Building, PC – Additional
Services for Utility Rebate Verification
Suggested Disposition: Receive and File
32. Liquor License Applications
City Manager recommending approval of annual liquor license renewals as submitted.
RESOLUTION
Granting the issuance of a Class “C” Beer Permit to Oky Doky #8 and
Hartig Drug #8
RESOLUTION
Granting the issuance of a Class “C” Beer/Liquor License to Tony’s
Place and Dubuque Mining Company; a Special Class “C” Liquor License to Pusateris;
a Class “B” Wine Permit to Oky Doky #8 and Hartig Drug #8; and a Class “WBN” Native
Wine Permit to Cedar Cross Amoco
Suggested Disposition: Receive and File; Adopt Resolutions
ITEMS TO BE SET FOR PUBLIC HEARING
These agenda items are being scheduled for a future public hearing on the date
indicated.
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1. Sale of Property at 346 East 19 Street
City Manager recommending that a public hearing be set for February 22, 2011 to
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consider approval of the sale of property at 346 East 19 Street.
RESOLUTION
Of intent to dispose of City-owned property, specifically, North ½ of Lot
97, except the West 57’6” thereof, in East Dubuque Addition in the City of Dubuque,
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Iowa according to the recorded plat thereof – 346 East 19 Street
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
2/22/11
2. Washington Neighborhood Conservation District Expansion
City Manager recommending that a public hearing be set for February 22, 2011 to
consider approval of an amendment to expand the Washington Street Neighborhood
Conservation District.
ORDINANCE
Amending Title 16 of the City of Dubuque Code of Ordinances, Unified
Development Code, by amending Article 109-11-A-4 pertaining to expansion of the
Washington Street Neighborhood Conservation District
Suggested Disposition: Receive and File; Approve; Public Hearing 2/22/11
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3. Engine House #1 MT, LLC Lease
City Manager recommending that a public hearing be set for February 22, 2011 to
consider approval of a proposed 40-year lease between the City of Dubuque and
Engine House #1 MT, LLC., a subsidiary of Dubuque Initiatives, for Engine House #1,
which formerly housed the Housing Department offices.
RESOLUTION
To set hearing on disposal of interest in real property to Engine House
#1 MT, LLC
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
2/22/11
BOARDS/COMMISSIONS
Applicants are invited to address the City Council regarding their desire to serve on the
following Boards/Commissions; applicant appointments will be made at the next City
Council meeting.
Mechanical Board
One 3-year term through March 16, 2014 (Term of Hillard)
Applicant:
Gary Hillard 2826 Muscatine Street
Sister City Relationships Advisory Commission
One 3-year term through February 1, 2014 (Term of Miller)
Applicants:
Jill Connors, 720 Nevada Street
Phyllis Lee, 520 S. Grandview Avenue
Transit Advisory Board
One 3-year term through July 30, 2011 (Term of Croissant)
Applicant;
R.R.S. Stewart, 460 Summit Street (Currently serves on the Human Rights
Commission)
Appointments to the following Boards/Commissions:
Community Development Advisory Commission
One 3-year term through February 15, 2014 (Term of Michalski)
Applicant:
Ann Michalski, 1520 Altura Drive
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PUBLIC HEARINGS
Citizens are invited to address the City Council regarding the following agenda items.
Please come to the podium and state your name and address when the item you wish to
speak to is being considered.
SUSPEND THE RULES
1. Expansion of Faley Properties, LLC and Faley Enterprises, Inc. (IWI)
Proof of publication on notice of public hearing to consider approval of the disposition of
Dubuque Industrial Center West property to Faley Properties, LLC and Faley
Enterprises, Inc. for the purpose of constructing a 65,000 square foot office/distribution
center and City Manager recommending approval.
RESOLUTION
Approving a Development Agreement providing for the sale of 8.369
acres in the Dubuque Industrial Center West to Faley Properties, LLC and Faley
Enterprises, Inc.
Suggested Disposition: Receive and File; Adopt Resolution
2. Plastic Center, Inc. – Development Agreement
Proof of publication on notice of public hearing to consider entering into a Development
Agreement with Plastic Center, Inc. for the purpose of redeveloping properties located
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at 426 West 5 Street and 951, 955 and 957 Main Street and City Manager
recommending approval.
RESOLUTION
Approving a Development Agreement with Plastic Center, Inc. for the
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property located at 426 West 5 Street and 951, 955 and 957 Main Street
Suggested Disposition: Receive and File; Adopt Resolution
3. Southwest Arterial – North Cascade Road Bridge Construction Project
Proof of publication on notice of public hearing to consider approval of the plans and
specifications, form of contract, estimated cost for the North Cascade Road Bridge
Construction Project and award of the contract to Minnowa Construction, Inc., in the
amount of $1,408,542.50 and City Manager recommending approval.
RESOLUTION
Approval of plans, specifications, form of contract, and estimated cost
for the North Cascade Road Bridge Project
RESOLUTION
Awarding public improvement contract for the North Cascade Road
Bridge Construction Project
Suggested Disposition: Receive and File; Adopt Resolutions
REINSTATE THE RULES
This action limits discussion to the City Council.
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ACTION ITEMS
These are items where discussion is held by the City Council – public comments are not
allowed except as authorized by the Mayor.
1. Greater Dubuque Development Corporation
Rick Dickinson, Executive Director – Greater Dubuque Development Corporation, to
provide a verbal update.
Suggested Disposition: Receive and File
2. Alamo / Historic Millwork District Parking
City Manager recommending approval of the Assignment of Rights in Purchase
Agreement from Warehouse Redevelopment, LLC to Rouse and Dean Foundry, LLC.
RESOLUTION
Approving an Assignment of Rights in Purchase Agreement for property
in the Historic Millwork District, commonly referred to as the Alamo Site, to Rouse and
Dean Foundry, LLC
Suggested Disposition: Receive and File; Adopt Resolution
3. Historic Millwork District Complete Streets Project
City Manager recommending award of the contract for the Historic Millwork District
Complete Streets Project to Portzen Construction in the amount of $5,575,005.92.
RESOLUTION
Awarding public improvement contract for the Historic Millwork District
Complete Streets Project
Suggested Disposition: Receive and File; Adopt Resolution
4. Southwest Arterial Value Engineering Study
City Manager recommending approval of the recommendations of the preliminary
design Value Engineering evaluation and support the proposed design modifications
being incorporated into the Final Design phase for the Southwest Arterial project.
RESOLUTION
Approving and supporting the Value Engineering recommendations for
the final design phase of the Southwest Arterial
Suggested Disposition: Receive and File; Adopt Resolution
5. Request for Proposals – Biosolids Management Program
City Manager recommending approval of the issuance of a Request for Proposals to
seek qualified contractors interested in developing, implementing, and maintaining a
biosolids management program for the Water Pollution Control Plant (WPCP).
Suggested Disposition: Receive and File; Approve
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6. First Amendment to Development Agreement with Maylay Holdings, LLC and
Vanguard Countertops, Inc.
City Manager recommending approval of the First Amendment to the Development
Agreement between the City of Dubuque and Malay Holdings, LLC and Vanguard
Countertops, Inc. to provide for a three year extension of the job creation period to
January 1, 2014.
RESOLUTION
Approving the First Amendment to the Malay Holdings, LLC and
Vanguard Countertops, Inc. Development Agreement
Suggested Disposition: Receive and File; Adopt Resolution
7. Teamsters Local Union No. 120 – Collective Bargaining Agreement
City Manager recommending approval of the collective bargaining agreement between
the City of Dubuque and the Teamsters Local Union No. 120 for Fiscal Year 2012.
RESOLUTION
Approving the agreement between the City of Dubuque, Iowa and the
Teamsters Local Union No. 120 and authorizing the Mayor to sign the agreement
Suggested Disposition: Receive and File; Adopt Resolution
8. Dubuque Professional Firefighters Association, Local #353 – Collective
Bargaining Agreement
City Manager recommending approval of the collective bargaining agreement between
the City of Dubuque and the Dubuque Professional Firefighters Association Local #353
for Fiscal Year 2012.
RESOLUTION
Approving the agreement between the City of Dubuque, Iowa and the
Dubuque Professional Firefighters Association, Local #353 and authorizing the Mayor to
sign the agreement
Suggested Disposition: Receive and File; Adopt Resolution
9. K9 Acquisition
City Manager recommending approval to proceed with the adoption of a U.S. Army
trained K9, purchase of equipment and training of a new handler.
Suggested Disposition: Receive and File; Approve
10. Safe Community Task Force Recommendation Implementation - Volunteer Center
Coordinator"
City Manager recommending approval of an Iowa Commission on Volunteer Service
AmeriCorps VISTA position grant application for a Volunteer Center Coordinator and a
Memorandum of Agreement for the position.
Suggested Disposition: Receive and File; Approve
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11. James Street – Request for Removal of Two-Hour Parking
City Manager recommending approval of the removal of two-hour parking on the east
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side of James Street from Mazzuchelli Heights to West 3 Street.
ORDINANCE
Amending Section 9-14-321.602(c) of the Code of Ordinances of the City
of Dubuque, Iowa providing for two-hour parking by deleting James Street, east side,
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from Mazzuchelli Heights to West 3 Street
Suggested Disposition: Receive and File; Motion B; Motion A
12. Disabled Parking Space Fine Increase
City Manager recommending approval of a disabled parking space fine increase from
$100.00 to $200.00 to reflect State of Iowa changes.
ORDINANCE
Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles
and Traffic, Chapter 14 Parking, Section 9-14-321.621 Parking Violations; Fines by
increasing the fine for disabled parking violations from $100.00 to $200.00
Suggested Disposition: Receive and File; Motion B; Motion A
13. Rental License Requirement Amendments
City Manager recommending approval of amendments to the rental licensing ordinance.
ORDINANCE
Amending City of Dubuque Code of Ordinances Title 6 Health, Housing,
Sanitation, and Environment, Chapter 6 Housing Regulations, Section 6-6-7 Licenses
and Inspections by adding a provision which allows the City Manager to waive the crime
free multihousing program requirement as a condition of a rental license; adds a
provision which exempts on-campus housing at institutions of higher learning from the
criminal background check requirement; and adds a provision which allows the City
Manager to waive the criminal background check requirement as a condition of a rental
license
Suggested Disposition: Receive and File; Motion B; Motion A
14. Work Session – Sustainable Dubuque
City Manager requesting that a work session regarding Sustainable Dubuque be
scheduled for March 7, 2011 at 5:00 p.m.
Suggested Disposition: Receive and File; Approve
15. Fiscal Year 2012 Operating Budget and Capital Improvement Program
City Manager submitting the Fiscal Year 2012 Operating Budget and Five Year Capital
Improvement Program.
Suggested Disposition: Receive and File
COUNCIL MEMBER REPORTS
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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
Jeanne F. Schneider
February 3, 2011
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