4 18 11 City Council Agenda with Icons
ROLL CALL ORDER
FOR MEETING OF
4/18/11
BRAIG
BUOL
CONNORS
JONES
LYNCH
RESNICK
SUTTON
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
6:30 P.M.
HISTORIC FEDERAL BUILDING
MONDAY, APRIL 18, 2011
PLEDGE OF ALLEGIANCE
INVOCATION
Sr. Jennifer Rausch, Sisters of the Presentation
PROCLAMATIONS
The Month/Week of the Young Child (April 10 – 16, 2011)
Community Development Block Grant Week (April 25 – 30, 2011)
Week of the Young CDBG Week
Child
PRESENTATION
Main Street Iowa Awards – Dan LoBianco
Main Street Iowa
Awards
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 2/22; City Council of 4/4; Electrical
Code Board of 3/21; Environmental Stewardship Advisory Commission of 4/5; Park and
Recreation Commission of 3/8; Sister City Relationships Advisory Commission of 4/6;
Zoning Advisory Commission of 4/6
Proof of publication of City Council Proceedings of March 21, 2011
Suggested Disposition: Receive and File
Arts & Cultural City CouncilElectrical Code BdEnvironmental Park and RecreationSister City
AffairsStewardship
Zoning Advisosry
2. Notice of Claims/Suits
William Peck for property damage; J. Thomas Zaber for property damage; Randy and
Tina Miller for property damage; State Farm Insurance for William and Rebecca Carr;
Joyce M. Terris for property damage; Lois Weinschenk 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: Rachel Chavez
for vehicle damage; J. Thomas Zaber for property damage; William Peck for property
damage
Suggested Disposition: Receive and File; Concur
Claims - ICAP
2
3. Citizen Communications
Communication from Rachel K. Daack, 800 Laurel Street, in opposition to the proposed
extension of sewer lines on Laurel Street.
Communication from Paula Kaufman regarding the pollution problem in Dubuque.
nd
Communication from Gary R. Kircher, 312 East 22 Street, regarding the Veterans’
Memorial Plaza on Chaplain Schmitt Island.
Communication from Steven A. Krieg, 1576 Bies Drive, regarding a water main
extension and water runoff on Bies Drive.
Suggested Disposition: Receive and File; Refer to City Manager
Daack LtrKaufman LtrKircher LtrKrieg Ltr
4. Public Transit Infrastructure Grant (PTIG) Program
City Manager recommending approval of the submittal of a grant application under the
Public Transit Infrastructure grant (PTIG) Program to secure State funding for facility
improvements at The Jule.
Suggested Disposition: Receive and File; Approve
Transit - MVM MemoTransit - Staff MemoTransit -
Authorization
5. Federal Emergency Management Agency (FEMA)
Communication from Richard Leonard, FEMA, advising that the City’s PAL designation
will expire on May 17, 2011 and that all necessary documentation required
demonstrating that the Dubuque Local Flood Protection Project Levee is in full
compliance with Code of Federal Regulations needs to be submitted by that date.
Suggested Disposition: Receive and File; Refer to City Manager
FEMA Ltr
6. U.S. Department of Housing and Urban Development
Communication from Betty J. Bottiger, Office of Fair Housing and Equal Opportunity,
advising that the U.S. Department of Housing and Urban Development (HUD) plans to
conduct a limited civil rights compliance review of the City’s HUD funded programs.
3
Suggested Disposition: Receive and File; Refer to City Manager
HUD Ltr
7. Purchase of Property – 2109 Kniest Street
City Manager recommending approval of the purchase of property at 2109 Kniest Street
as part of the acquisition program for the Bee Branch Creek Restoration Project.
RESOLUTION
Approving the acquisition of real estate owned by Glenn Casey in the
City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
2109 Kniest - MVM 2109 Kniest - Staff 2109 Kniest - 2109 Kniest - Exhibit
MemoMemoResolution
8. US 61/151 Corridor Project – Iowa DOT Agreement
City Manager recommending approval of an Iowa Department of Transportation
Agreement for Urban-State Traffic Engineering Program (U-STEP) as it relates to the
US 61/151 Corridor Project and the installation of traffic signals and pavement widening
at the intersections of Maquoketa Drive, Twin Valley Drive and US 52.
RESOLUTION
Approving the Iowa Department of Transportation Agreement for a
Urban-State Traffic Engineering Program (U-Step) Project (Agreement No. 06-11-
Ustep-03) between the Iowa Department of Transportation and the City of Dubuque for
the US 61/151 Corridor Project
Suggested Disposition: Receive and File; Adopt Resolution
IDOT - MVM MemoIDOT - Staff MemoIDOT - ResolutionIDOT - Exhibit
9. PTC LLC – 1800 Elm Street
City Manager recommending approval of Irrevocable Licenses for PTC LLC to keep and
maintain the existing encroachments of the loading dock, gas meter and protective
pillars in the public right-of-way of Pine Street behind the Eagle Country Market on 1800
Elm Street.
Suggested Disposition: Receive and File; Approve
4
PTC LLC - MVM MemoPTC LLC - Staff PTC LLC Application
Memo
10. Carnegie-Stout Public Library Renovation Project – Contract No. 12
City Manager recommending acceptance of the Carnegie-Stout Public Library
Renovation Project – Contract No. 12 as completed by Westphal & Co., Inc. in the
amount of $1,142,863.37.
RESOLUTION
Accepting the Carnegie-Stout Public Library Renovation Project –
Contract No. 12 and authorizing payment of the contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution
Library - MVM MemoLibrary - Staff MemoLibrary - Resolution
11. Environmental Covenant – Former Dubuque Hardwoods Site
City Manager recommending approval of an Environmental Covenant on Lot 2
th
Riverwalk 9 Addition (former Dubuque Hardwoods site) in the Port of Dubuque to
prohibit drinking water wells on the property.
RESOLUTION
Approving an Environmental Covenant on Lot 2 of Riverwalk Ninth
Addition in the Port of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
Covenant - MVM Covenant - Staff Covenant - Covenant - Plat of Covenant - ExhibitEnvironmental
MemoMemoResolutionSurveyCovenant
12. State of Iowa Financial Assistance Application for Flexsteel Industries, Inc.
City Manager recommending approval of a Financial Assistance application to the Iowa
Department of Economic Development on behalf of Flexsteel Industries, Inc. with a
commitment of local matching funds, which are included in the Development Agreement
that is a separate agenda item.
RESOLUTION
Authorizing the filing of an application for State Financial Assistance on
behalf of Flexsteel Industries, Inc.
Suggested Disposition: Receive and File; Adopt Resolution
Flexsteel - MVM Flexsteel - Staff Flexsteel - Flexsteel - IDED
MemoMemoResolutionApplication
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13. Golden Silo Award
Press release advising that the Mines of Spain has received a Golden Silo Award for
Outstanding Partner from the Silos and Smoke Stacks National Heritage Area for
showing support and partnering with SSNHA on numerous occasions to create
awareness for the Heritage Area.
Suggested Disposition: Receive and File
Golden Silo Award
14. Amendment to Collective Bargaining Agreement – Teamsters Local No. 120
City Manager recommending approval of an amendment to the Collective Bargaining
Agreement between the Teamsters Local No. 120 and the City to provide for a work
week that consists of ten hours per day and four days per week for the Airport
Maintenanceworkers and Airport Mechanic.
Suggested Disposition: Receive and File; Approve
Teamsters - MVM Teamsters - Staff Teamsters -
MemoMemoAmendment
15. Amendment to Collective Bargaining Agreement – Bus Operators
City Manager recommending approval of an amendment to the Collective Bargaining
Agreement between the Teamsters Local No. 120 (Bus Operators) and the City to
permit part-time employees to work 1,664 or more hours in fiscal Year 2011.
Suggested Disposition: Receive and File; Approve
Bus Operators - MVM Bus Operators - Bus Operators -
MemoStaff MemoAmendment
16. Fifth Street Parking Ramp Re-Lighting
City Manager transmitting information regarding the retro fitting of the lighting in the Fifth
Street Parking Ramp.
Suggested Disposition: Receive and File
Re-Lighting - MVM Re-Lighting - Staff
MemoMemo
6
17. 2011 – 2012 Deer Management Plan
City Manager recommending approval of the 2011 – 2012 Deer Management Plan.
Suggested Disposition: Receive and File; Approve
Deer Plan - MVM Deer Plan - Staff 2011 - 2012 Deer Aerial Survey Deer Aerial Census
MemoMemoPlanSummaryby Zone
18.
Julien’s Journal
Copy of March 2011 article in Julien’s Journal featuring Assistant City Manager Cindy
Steinhauser.
Suggested Disposition: Receive and File
Julien's Journal
Article
19. Metropolitan Coalition Grant Application
City Manager recommending support of the submittal of a grant to the Iowa Office of
Energy Independence, in partnership with seven communities who are members of the
Metropolitan coalition, the largest cities in the State of Iowa
Suggested Disposition: Receive and File; Approve
Coalition - MVM Coalition - Staff Coalition -
MemoMemoApplication
20. Purchase of Property – 2263 Elm Street
City Manager recommending approval of the purchase of property at 2263 Elm Street
as part of the acquisition program associated with the Bee Branch Creek Restoration
Project.
RESOLUTION
Approving the acquisition of real estate owned by Robert D. and Livija
Klauer in the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
2263 Elm - MVM 2263 Elm - Staff 2263 Elm - 2263 Elm - Exhibit
MemoMemoResolution
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21. Historic Preservation Commission
Communication from Peggy Stover submitting her resignation from the Historic
Preservation Commission.
Suggested Disposition: Receive and File; Accept Resignation
Stover Ltr
22. Human Rights Commission
Communication from Lori Apel submitting her resignation from the Human Rights
Commission.
Suggested Disposition: Receive and File; Accept Resignation
Apel Ltr
23. Audit Services Recommendation
City Manager recommending approval of the selection of Eide Bailly, LLP to provide
audit services for the City of Dubuque for a five-year period.
Suggested Disposition: Receive and File; Approve
Audit - MVM MemoAudit - Staff MemoEide Bailly - Dollar Eide Bailly - Proposal
Cost Bid
24. Alcohol Compliance – Civil Penalty for Alcohol License Holder
City Manager recommending acceptance of the Acknowledgement/Settlement
Agreement for Cookin’ Something Up for their first offense alcohol compliance violation.
Suggested Disposition: Receive and File; Approve
Compliance - MVM Compliance - Staff Compliance -
MemoMemoAgreements
25. Signed Contracts
A. Water Pollution Control Plant Modifications Project – MWH America’s, Inc.
Budget Increase Request
Suggested Disposition: Receive and File
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Contract A
26. Liquor License Applications
City Manager recommending approval of annual liquor license renewals as submitted.
RESOLUTION
Granting the issuance of a new cigarette permit to Let’s Roll Tobacco
I.A.
RESOLUTION
Granting the issuance of a Class “B” Beer Permit to Catfish Festival and
McAleece Park/Recreation Complex
RESOLUTION
Granting the issuance of a Class “A” Liquor License to Dubuque Golf
and Country Club and Dubuque Lodge #355; Class “C” Beer/Liquor License to Lot One,
Catfish Charlie’s, The Lift and Monks Kaffee Pub; and a Class “WBN” Native Wine
License to Dubuque Arboretum Association
Suggested Disposition: Receive and File; Adopt Resolutions
Renewals - MVM Renewals - Staff Resolution #1Resolution #2Resolution #3
MemoMemo
ITEMS TO BE SET FOR PUBLIC HEARING
These agenda items are being scheduled for a future public hearing on the date
indicated.
1. Proceedings for Reallocation of General Obligation Bonds Series 2009A and
Series 2010A
City Manager recommending that a public hearing be set for May 2, 2011 to consider
the reallocation of General Obligation Bonds Series 2009A and Series 2010A.
RESOLUTION
Fixing date for a meeting on the proposal to reallocate certain unspent
proceeds of the General Obligation Bonds, Series 2009A (Taxable Build America
Bonds), and General Obligation Bonds, Series 2010A Bonds, and providing for
publication of notice thereof
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 5/2/11
Bonds - MVM MemoBonds - Staff MemoBonds - ResolutionBonds - Noth Ltr
9
2. 2011 Sewer Cured-in-Place Pipe (CIPP) Lining Project
City Manager recommending initiation of the bidding process for the 2011 Sewer Cured-
in-Place Pipe (CIPP) Lining Project and further recommends that a public hearing be set
for May 2, 2011.
RESOLUTION
Preliminary approval of plans, specifications, form of contract, and
estimated cost; setting date of public hearing on plans, specifications, form of contract,
and estimated cost; and ordering the advertisement for bids for the 2011 Sewer Cured-
in-Place Pipe (CIPP) Lining Project
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
5/2/11
CIPP - MVM MemoCIPP - Staff MemoCIPP - ResolutionCIPP - Notice to
Bidders
3. Engine House #1 LLC – Development Agreement
City Manager recommending that a public hearing be set for June 6, 2011 to consider a
development agreement between the City of Dubuque and Engine House #1, LLC., a
subsidiary of Dubuque Initiatives, to sell and rehabilitate the Engine House #1 building
th
(18 Street) which formerly housed the Housing Department offices.
RESOLUTION
(1) Approving the minimum requirements, competitive criteria, and
offering procedures for the development of certain real property and improvements in
the proposed expansion area of the Greater Downtown Urban Renewal District; (2)
Determining that the Development Agreement submitted by Engine House #1, LLC
satisfies the offering requirements with respect to the real property and improvements
and declaring the intent of the City Council to approve the Development Agreement
with Engine House #1, LLC in the event that no competing proposals are submitted; and
(3) Soliciting competing proposals
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 6/6/11
Engine House - MVM Engine House - Staff Engine House - Competitive Engine House -
MemoMemoResolutionResolution ExhibitAttachments
4. Paragon Square Urban Revitalization Plan
City Manager recommending that a public hearing be set for June 6, 2011 to consider
establishment of the Paragon Square Urban Revitalization Plan.
RESOLUTION
Finding that the designation of the Paragon Square Urban Revitalization
Plan is necessary in the interest of the public health, safety and welfare of the residents
of the City of Dubuque, Iowa and providing for a public hearing thereon
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 6/6/11
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Paragon - MVM Paragon - Staff Paragon - ResolutionParagon - Urban
MemoMemoRenewal Plan
BOARDS/COMMISSIONS
Appointments to the following Boards/Commissions:
Housing Commission
Three 3-year terms through August 17, 2011 (Term of Frommelt, Helling, and Sutton)
Applicant:
Amy Eudaley, 950 Wood Street
(Additional Applicant)
Patricia Rogaskie, 1502 ½ Elm Street
(Additional Applicant)
Regine Ronek, 2282 White Street
Boards and Overview SheetHousing Applications
Commissions List
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. Rezoning Request – 2505 Elm Street
Proof of publication on notice of public hearing to consider a request from Reverend
Richard Mihm, Dubuque Rescue Mission, to rezone property located at 2505 Elm Street
from R-2A Alternate Two-Family Residential District to OR Office Residential District
and Zoning Advisory Commission recommending approval.
ORDINANCE
Amending Title 16 of the City of Dubuque Code of Ordinances, Unified
Development Code, by reclassifying hereinafter described property located at 2505 Elm
Street from R-2A Alternate Two-Family Residential District to OR Office Residential
District
Suggested Disposition: Receive and File; Motion B; Motion A
2505 Elm - ZAC Ltr2505 Elm - 2505 Elm - Vicinity 2505 Elm - Staff 2505 Elm - OR 2505 Elm - Ordinance
ApplicationMapReportRegulations
Suggested Motion
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2. Expansion of Flexsteel Industries, Inc. in the Port of Dubuque
Proof of publication on notice of public hearing to consider disposing of approximately
27,137 square feet of property in the Port of Dubuque to Flexsteel Industries, Inc. for the
purpose of constructing a 40,000 square foot multi-story office building and a
Development Agreement relating thereto and City Manager recommending approval.
RESOLUTION
Approving a Development Agreement providing for the sale of
approximately 27,137 sq. ft. and a permanent easement of 1,003 sq. ft. in the Port of
Dubuque to Flexsteel Industries, Inc.
Suggested Disposition: Receive and File; Adopt Resolution
Flexsteel - MVM Flexsteel - Staff Flexsteel - Flexsteel - Dev Flexsteel - ExhibitPOD - Master Plan
MemoMemoResolutionAgreement
Planned Unit Dev
District
Material from April 4, 2011 City Council Meeting
Flexsteel - MVM Flexsteel - Staff Flexsteel - Flexsteel - Dev Flexsteel - Exhibit
MemoMemoResolutionAgreement
3. Fiscal Year 2011 Third Budget Amendment
Proof of publication on notice of public hearing to consider adoption of the Fiscal Year
2011 Third Budget Amendment and City Manager recommending approval.
RESOLUTION
Adopting the Fiscal Year 2011 Third Budget Amendment
Suggested Disposition: Receive and File; Adopt Resolution
Budget - MVM MemoBudget - Staff MemoBudget - ResolutionBudget - City Council
Detail
Material from April 4, 2011 City Council Meeting
Budget - MVM MemoBudget - Staff MemoBudget - ResolutionBudget - DetailBudget - Notice of
Public Hearing
12
4. Kaufmann Avenue Utility Project (John F. Kennedy Road to Chaney Road)
Proof of publication on notice of public hearing to consider the plans, specifications,
form of contract, and estimated cost for the Kaufmann Avenue Utility Project (John F.
Kennedy Road to Chaney Road) and City Manager recommending approval.
RESOLUTION
Approving plans, specifications, form of contract, and estimated cost for
the Kaufmann Avenue Utility Project (John F. Kennedy Road to Chaney Road)
Suggested Disposition: Receive and File; Adopt Resolution
Kaufmann - MVM Kaufmann - Staff Kaufmann -
MemoMemoResolution
Material from April 4, 2011 City Council Meeting
Kaufmann - MVM Kaufmann - Staff Kaufmann - Kaufmann - Notice to
MemoMemoResolutionBidders
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. Preliminary Plat – Liberty Subdivision
Zoning Advisory Commission recommending approval of the preliminary plat of Liberty
Subdivision waiving the paving width of the proposed public street from 31 feet to 27
feet and allowing a single access length of 1,950 feet.
Zoning Advisory Commission requesting that the City make appropriate improvements
to Liberty avenue in the eventuality that the proposed Liberty Subdivision is approved
and developed.
Suggested Disposition: Receive and File; Approve
Plat - ZAC LtrPlat - ApplicationPlat - Vicinity MapPlat - Aerial ViewPlat - Staff ReportPreliminary Plat
Plat - Anglin LtrPlat - Anglin Plat - Liberty St MapLiberty Ave - ZAC Ltr
Response Ltr
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2. Smart Growth Development
City Manager recommending approval to commit $2,000 for the efforts of Smart Growth
Development as they work toward improving the Historic Tax programs that fund many
rehabilitation projects in the City of Dubuque.
Suggested Disposition: Receive and File; Approve
Smart Growth - MVM Smart Growth - Staff Smart Growth
MemoMemoDevelopment Ltr
3. Amendment to Joint Development Agreement with IBM
City Manager recommending approval of an amended IBM Joint Development
Agreement on Smarter Water to extend and expand the community access to Smarter
Water information and tools.
Suggested Disposition: Receive and File; Approve
IBM - MVM MemoIBM - Staff MemoIBM - Amendment
4. Sustainable Dubuque Watershed Network
City Manager recommending approval of a proposed research project to be undertaken
in partnership with the University of Iowa to develop the Sustainable Dubuque
Watershed Network.
Suggested Disposition: Receive and File; Approve
Watershed - MVM Watershed - Staff Watershed -
MemoMemoProposal
5. Police Department – Tenant Background Check Service Provider
City Manager recommending approval of the selection of Rental Services, Inc. of
Arvada, Colorado, to provide criminal history background checks as part of the City of
Dubuque service to local landlords.
Suggested Disposition: Receive and File; Approve
Background - MVM Background - Staff 8 6 10 Worksession SGTF
MemoMemoMaterialRecommendations
14
6. Port of Dubuque Marina Dock System and Utilities Project – Bid Package #1
City Manager recommending award of the contract for the Port of Dubuque Marina
Dock System and Utilities Project – Bid Package #1 to Dubuque Barge & Fleeting
Service Co., d/b/a Newt Marine Service of Dubuque, Iowa.
RESOLUTION
Awarding public improvement contract for the Port of Dubuque Marina
Dock System and Utilities Project – Bid Package #1
Suggested Disposition: Receive and File; Adopt Resolution
Marina - MVM MemoMarina - Staff MemoMarina - ResolutionMarina - DNR Marina - Bid Marina - Renderings
Approval LtrTabulation
7. Glass Curbside Collection Policy
City Manager recommending City of Dubuque discontinue the curbside collection of
glass for recycling effective July 2, 2011 and that an education and promotion campaign
be initiated as soon as possible to explain to the City of Dubuque customers the
reasons for the recommended policy change
.
Communication from Charles F. Goddard, DMASWA Administrator, advising that the
Dubuque Metropolitan Area Solid Waste Agency will no longer subsidize the curbside
collection of glass for recycling.
Suggested Disposition: Receive and File
Glass - MVM MemoGlass - Staff Memo Glass - Staff Memo DMASWA Ltr
#1#2
8. Growing Sustainable Communities Conference
City Manager recommending approval of a contract with Sustainable Cities Network for
the Growing Sustainable Communities Conference.
Suggested Disposition: Receive and File; Approve
Conference - MVM Conference - Staff Conference -
MemoMemoAgreement
9. Wellmark Foundation Letter of Intent
City Manager recommending approval of a Letter of Intent to the Wellmark Foundation
requesting $25,000 in funding of healthy local foods projects.
Suggested Disposition: Receive and File; Approve
15
Wellmark - MVM Wellmark - Staff Wellmark - Letter of
MemoMemoIntent
10. Letter of Support for Green Dubuque EPA Environmental Justice Small Grant
Application
City Manager recommending approval of a Letter of Support for Green Dubuque’s
application to the EPA Environmental Justice Small Grant program.
Suggested Disposition: Receive and File; Approve
Green Dubuque - Green Dubuque - Green Dubuque - Ltr
MVM MemoStaff Memoof Support
11. EPA Climate Showcase Communities Grant
City Manager advising that the City of Dubuque has been awarded an EPA Climate
Showcase Communities grant in the amount of $473,136.
Suggested Disposition: Receive and File; Approve
Climate - MVM MemoShowcase - Staff Climate Showcase
MemoGrants
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
Jeanne F. Schneider
April 14, 2011
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