7 15 13 Clerk's Skeleton Notes and Meeting CallTO: Kevin S. Firnstahl, City Clerk
You are hereby directed to call a Regular Session of the City Council to be
held on Monday, July 15, 2013, at 6:30 PM in the Historic Federal Building for the
purpose of conductin such business that my properly come before the City
Council.
Consent Items: Pages 1 -3
D. Buol, Mayor
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:30 p.m. on July 15, 2013 in the
Historic Federal Building, 350 W. 6th Street.
Present: Mayor `Buol; Council Members braig, Corifiors, Jones, Lynch, Re ins ck,
vSutton; Assistant City Manager G oodmann, City Attorne Lindahl
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
MOMENT OF SILENCE C ( /LM
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May the spirit of wisdom keep our hearts and minds open as we endeavor to serve
the common good.
PROCLAMATION(S)
1. Dubuque County Fair Week (July 23 -28, 2013)
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2. Dubuque Colts Drum and Bugle Corps 50th Annivers ?ry Year
3. United Way Campaign Time
PRESENTATION(S)
1. All America City Video Presentations
2013 AAC Awards Presentation and 2013 AAC Documentary
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CONSENT ITEMS
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1. Minutes and Reports Submitted
Civil Service Commission of 6/19; City Council proceedings of 7/1, Library Board of
Trustees minutes of 5/23 and Report of 6/27; Park and Recreation Advisory
Commission of 6/25; Safe Community Advisory Committee of 1/9, Zoning Advisory
Commission of 7/2; Zoning Board of Adjustment of 6/27; Proof of Publication for City
Council Proceedings of 6/3 and 6/17; Proof of Publication for List of Claims and
Summary of Revenues for Month Ended 5/31
Suggested Disposition: Receive and File
2. Notice of Claims and Suits
Nicole Klausman for property damage; Elizabeth Tabor for vehicle damage.
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: Stephen Collins
for personal injury; Nicole Krausman for property damage; and Elizabeth Tabor for
vehicle damage.
Suggested Disposition: Receive and File; Concur
4. College and University Partnerships Contracts
City Manager recommending approval of contracts for College /University Transit
Partnership with Clarke University, Loras College and University of Dubuque for the
2013 -2014 school year.
Suggested Disposition: Receive and File; Approve
5. Dubuque County Retired and Senior Volunteer Program Update
City Manager transmitting the monthly Dubuque County Retired and Senior Volunteer
Program report.
Suggested Disposition: Receive and File
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6. Fiscal Year 2014 Worker's Compensation Excess Insurance Renewal
City Manager recommending approval of the Fiscal Year 2014 Workers' Compensation
Excess Insurance Renewal Rate as submitted by Safety National effective July 1, 2013
through June 30, 2014.
Suggested Disposition: Receive and File; Approve
7. Eide Bailly Audit Planning Communication
Eide Bailly Business Advisors submitting Planning Communication letter related to the
Fiscal Year Ended June 30, 2013 audit.
Suggested Disposition: Receive and File
8. Federal Transit Administration (FTA) - Opinion of Counsel
City Attorney submitting an Opinion of Counsel setting out the authority of the City to
apply for Federal Transit Administration (FTA) funding for transit projects and
recommending adoption of a resolution authorizing the City of Dubuque to apply for FTA
funding.
RESOLUTION cam'' Authorizing the filing of applications with the Federal
Transit Administratio , an Operating Administration of the United States Department of
Transportation, for Federal Transportation Assistance authorized by 49 U.S.0 Chapter
53, Title 23, United States Code and other Federal Statues Administered by the Federal
Transit Administration
Suggested Disposition: Receive and File; Adopt Resolution(s)
9. Iowa Economic Development Authority - Catfish Creek Watershed Planning
Amendment
Correspondence from the Iowa Economic Development Authority advising the City that
Community Development Block Grant (CDBG) Contract Number 08- DRIFWP -203 -
Amendment Number 004 (Catfish Creek Watershed Planning Extension) is amended as
of July 1,2013.
Suggested Disposition: Receive and File
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10. Iowa Economic Development Authority - Multi - Family New Production Round
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City Manager recommending approval to negotiate and execute an amendment to the
existing funding agreement with the Iowa Economic Development Authority related to
the notice of receipt of the Multi - Family New Production Community Development Block
Grant Award for the Linseed Oil Paintworks Building at 901 Jackson Street.
RESOLUTION ( Authorizing the acceptance of Community Development
Block Grant Housing Disaster Recovery Funds from the Iowa Economic Development
Authority on behalf of the Wilmac Property Company
Suggested Disposition: Receive and File; Adopt Resolution
11. Convention and Visitors Bureau Executive Board Report
Dubuque Convention and Visitors Bureau Executive Board submitting meeting minutes
of June 26, 2013 as required by their Purchase of Service Agreement.
Suggested Disposition: Receive and File
12. Sustainable Dubuque Monthly Project Status Report
City Manager transmitting the Sustainable Dubuque Monthly Project Status Report for
June 2013.
Suggested Disposition: Receive and File
13. Stormwater Utility Revenue Capital Loan Notes (State Revolving Loan Fund)
City Manager recommending revisions to the staff memo from the June 17, 2013 public
hearing so that the City is further considered for the Economic Development
Administration Disaster grant for a portion of day - lighting Bee Branch Creek and its
associated flood plain portion of green infrastructure.
Suggested Disposition: Receive and File; Approve
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14. Citizen Petition - 2555 Kerper Blvd. Weed Maintenance
Citizen petition submitted by Wanda Madden on behalf of property owners adjacent to
the former Thermoline building at 2555 Kerper Blvd. regarding overgrown weeds and
grass behind the building.
Suggested Disposition: Receive and File; Refer to City Manager
15. Dubuque Jaycees -Radio Dubuque 2014 Fireworks Request
Correspondence from Thomas Parsely, General Manager of Radio Dubuque and on
behalf of the Dubuque Jaycees, requesting permission to conduct a fireworks display on
Thursday, July 3, 2014 from 9:00 p.m. to 10:30 p.m. on Volunteer Road between
Hawthorne and Lime Streets with a rain date of July 4, 2014.
Suggested Disposition: Receive and File; Approve
16. Project Pass - Non - Profit Partnership
City Manager recommending approval of "Project Pass," a partnership with Project
Concern and the Community Foundation of Greater Dubuque.
Suggested Disposition: Receive and File; Approve
17. Signed Contracts
Strand Associates Change Order #20 with Miron Construction, Inc., for the Water &
Resource Recovery Center Renovation Project.
Suggested Disposition: Receive and File
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18. Alcohol and Tobacco License Applications
City Manager recommending approval of annual liquor, beer, wine and tobacco licenses
as submitted.
RESOLUTION C%" 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 c2/2 Approving applications for retail cigarette /tobacco sales
permits, as required by Iowa Code 453A.47A
Suggested Disposition: Receive and File; Adopt Resolution(s)
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ITEMS TO BE SET FOR PUBLIC HEARING
1. Ninth Street to Eleventh Street One -Way to Two -Way Conversion
2. Sale of City -Owned Property at 2234 Washington Street
3. Eagle Point Water Plant, Lot 339 - Grant of Easement for Private Utilities
4. Purina Drive Barge Docking Facility Repair Project
5. Iowa and Locust Street Parking Ramps Repair Project
6. Elm Street Reconstruction Project 9th to 12th Streets
8/5/13
7. Weaver Castle, LLC Development Agreement for 346 -348 W. Locust Street
8. Federal Emergency Management Agency (FEMA) - Catfish Station Electrical Repairs
8/19/13
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1. Ninth Street to Eleventh Street One -Way to Two -Way Conversion
City Manager recommending initiation of the bidding process for the 9th Street and 11th
Street One -Way to Two -Way Conversion Project, and further recommends that a public
hearing be set for August 5, 2013.
RESOLUTION O'er 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 (9th Street
and 11th Street One- Way to Two -Way Conversion Project)
Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 8/5/13
2. Sale of City -Owned Property at 2234 Washington Street
City Manager recommending setting a public hearing for August 5, 2013 to dispose of
City -owned real property located at 2234 Washington Street to Abram and Leah Miller.
RESOLUTION Resolution of Intention to dispose of City -owned property,
specifically, Lot 1 Bee ranch Subdivision No. 10, in the City of Dubuque, County of
Dubuque, Iowa, according to the Recorded Plat thereof, 2234 Washington Street
Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 8/5/13
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3. Eagle Point Water Plant, Lot 339 - Grant of Easement for Private Utilities
City Manager recommending setting a public hearing for August 5, 2013, for the
granting of an easement across a portion of the Eagle Point Water Plant property to
accommodate proposed water and sewer service lines to Charles R. and Colleen R.
Sroka for their property at 2561 Front Street.
RESOLUTION e Resolution of Intent to dispose of City interest by Grant of
Easement for private utility to Charles R. and Colleen R. Sroka for an underlying portion
of Lot 339 of Eagle Point (AKA Ham's Addition)
Suggested Disposition: Receive and. File; Adopt Resolution(s), Public Hearing 8/5/13
4. Purina Drive Barge Docking Facility Repair Project.
City Manager recommending initiation of the bidding process for the Purina Drive Barge
Docking Facility Repair Project, and further recommends that a public hearing be set for
August 5, 2013.}}
RESOLUTION Cam"? ( 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 (Purina
Drive Barge Docking Facility Repair Project)
Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 8/5/13
5. Iowa and Locust Street Parking Ramps Repair Project
City Manager recommending initiation of the bidding process for the Iowa and Locust
Street Parking Ramp Repair Project, and recommends the City Council give preliminary
approval to the construction plans and specifications and approve the Resolution of
Necessity. It is further recommended that a public hearing be set for August 5, 2013.
RESOLUTION G2 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 (Iowa and
Locust Parking Ramps Repair Project)
Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 8/5/13
6. Elm Street Reconstruction Project 9th to 12th Streets
City Manager recommending initiation of the bidding process for the Elm Street
Reconstruction Project (9th to 12th Streets), and further recommends that a public
hearing be set for August 5, 2013.
RESOLUTION Setting date of public hearing on plans, specifications,
form of contract, and estimated cost
Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 8/5/13
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7. Weaver Castle, LLC Development Agreement for 346 -348 W. Locust Street
City Manager recommending set a public hearing for August 19, 2013, on a
Development Agreement with Weaver Castle, LLC to redevelop the property located at
346 -348 West Locust Street.
RESOLUTION (1) Approving the minimum requirements, competitive
criteria, and offering procedures for the development and the sale of certain real
property and improvements in the Greater Downtown Urban Renewal District; (2)
determining that the Offer to Purchase submitted by Weaver Castle LLC satisfies the
offering requirements with respect to the real property and improvements and declaring
the intent of the City Council to approve the sale to Weaver Castle LLC in the event that
no competing proposals are submitted; (3) Soliciting competing proposals; and (4)
Rescinding Resolution Nos. 156 -13 and 201 -13
Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 8/19/13
8. Federal Emergency Management Agency (FEMA) - Catfish Station Electrical
Repairs
City Manager recommending initiation of the bidding process for the Water & Resource
Recovery Center Catfish Station Electrical Repairs FEMA Project, and further
recommends that a public hearing be set for August 19, 2013, to consider approving the
plans, specifications, form of contract and estimated cost for the Catfish Station
Electrical Repairs FEMA.
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 (Water &
Resource Recovery Center Catfish Station Electrical Repairs (FEMA)
Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 8/19/13
BOARDS /COMMISSIONS
Review of applications to the following Boards /Commissions:
Applicants are invited to address the City Council regarding their desire to serve on the
following Boards /Commissions. Appointments will be made at the next City Council
meeting.
1. Building Code Board of Appeals
One— 3 year term through August 1, 2016 (Expiring term of Kolf)
Applicant:
F. James Kolf, 114 Princeton PI.
2. Civic Center Commission
Two — 3 year terms one through June 29, 2015 and one through June 29, 2016 (Vacant
terms of Kurt and Fuller)
Applicants:
Tyler Daugherty, 418 Emmett St.
Adrienne Scott, 471 1/2 Locust St. -41d
Ms. Scott has also applied for the Human Rights Commission and the Safe Community
Advisory Committee.
3. Housing Commission
Two — 3 year terms through August 17, 2016 (Expiring terms of Root and
Schwendinger) Applicants:
Judie Root, 2312 Washington St.
Dorothy Schwendinger, 3525 Windsor —4/% p
4. Human Rights Commission
One — 3 year term through January 1, 2016 (Vacant term of Root)
Applicants:
Tom LoGuidice, 786 Stone Ridge Place t--
Adrienne Scott, 471 1/2 Locust St.
This commission is subject to the State of Iowa Gender Balance Law.
9 Commissioners total; currently 5 male /3 female.
Ms. Scott has also applied for the Civic Center Advisory Commission and the Safe
Community Advisory Committee.
5. Safe Community Advisory Committee
One — 1 year term through December 31, 2013 (Vacant term of Callahan)
Applicant:
Adrienne Scott, 471 1/2 Locust St.
Ms. Scott has also applied for the Human Rights Commission and the Civic Center
Advisory Commission.
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Appointments to the following commissions to be made at this meeting: 7 /ham
6. Investment Oversight Advisory Commission
One — 3 year term through July 1, 2016 (expiring term of Ruden)
Applicant:
Gary Ruden, 325 W. 1st Street
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PUBLIC HEARINGS
SUSPEND THE RULES
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1. Request to Rezone - 380 Cedar Cross Road
Proof of publication on notice of public hearing to consider a request by Royal Oaks
Development to rezone an 11 -acre parcel located at 380 Cedar Cross Road from AG
Agricultural to C -3 General Commercial District and the Zoning Advisory Commission
recommending approval.
ORDINANCE 13 Amending Title 16 of the City of Dubuque Code of
Ordinances, Unified Development Code, by reclassifying hereinafter described property
located at 380 Cedar Cross Road from AG Agricultural to C -3 General Commercial
District
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
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Final Reading and Adopt
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2. Request to Rezone - 1048 and 1060 White Street
Proof of publication on notice of public hearing to consider a request by Miner
Properties to rezone property located at 1048 -1060 White Street from Historic Millwork
District Planned Unit Development to C -4 Downtown Commercial Zoning District and
the Zoning Advisory Commission recommending approval.
ORDINANCE "7"` Amending Title 16 of the City of Dubuque Code of
Ordinances, Unified Development Code, by reclassifying hereinafter described property
located at 1048 and 1060 White Street from Planned Unit development district to C -4
Downtown Commercial District with Conditions
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
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Final Reading and Adopt
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3. Request to Amend Planned Unit Development - Historic Millwork District
Proof of publication on notice of public hearing to consider a request by the City of
Dubuque to amend the Historic Millwork District Planned Unit Development District
Conceptual Plan to allow off - street parking needed for redevelopment projects and the
Zoning Advisory Commission recommending approval.
ORDINANCE 31c Amending Title 16, the Unified Development Code of the
City of Dubuque Code of Ordinances by amending Ordinance 02 -12 Which Established
Regulations for a PUD Planned Unit Development District with a Planned Commercial
Designation for the Historic Millwork District PUD and now being amended to allow for
the development of two new parking lots at the intersection of 11th and Elm Streets
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
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Final Reading and Adopt
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4. Dubuque Industrial Center South PCC Paving and Utilities
Proof of publication on notice of public hearing to consider the approval of plans,
specifications, form of contract, and estimated cost for the Dubuque Industrial Center
South PCC Paving and Utilities 2013 Project and the City Manager recommending
approval.
RESOLUTION 690 Approval of plans, specifications, form of contract, and
estimated cost for the Dubuque Industrial Center South PCC Paving and Utilities - 2013
Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
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REINSTATE THE RULES
This action limits discussion to the City Council.
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ACTION ITEMS
1. Code of Ordinances Title 14 - 2012 International Building Codes
City Manager recommending adoption of the 2012 International Building, Residential,
Plumbing, Mechanical, Fuel Gas and Energy Conservation Codes published by the
International Code Council, Inc.
ORDINANCE Amending City of Dubuque Code of Ordinances Title 14
Building and Deve opment, Chapter 1 Building Codes, Article A Building Code and
Regulations, Sections 14 -1A -1 International Building Code Adopted and 14 -1A -2
International Building Code Amendments; Article B Residential Code, Sections 14 -1 B -1
International Residential Code Adopted and 14 -1 B -2 International Residential Code
Amendments; Article C Energy Conservation Code, Sections 14-1C-1 International
Energy Conservation Code Adopted and 14-1C-2 International Energy Conservation
Code Amendments; Article F Mechanical Code, Sections 14 -1 F -1 International
Mechanical Code Adopted, 14 -1 F -2 International Mechanical Code Amendments, and.
14 -1 F -3 Fees; Article G Fuel Gas Code, Sections 14-1G-1 Fuel Gas Code Adopted and
14-1G-2 Fuel Gas Code Amendments; and Article H Plumbing Code, Sections 14-1H-1
International Plumbing Code Adopted, 14-1H-2 International Plumbing Code
Amendments, 14-1H-3 Licensure and Certification, 14-1H-4 Backflow Prevention
Requirements for New Residential Construction, 14 -1 H -5 Backflow Prevention
Requirements for Existing Water Services, and 14 -1 H -6 Inspection Fees by Repealing
Such Sections and Enacting New Sections in Lieu Thereof Adopting the 2012
International Building, Residential, Energy Conservation, Fire, Mechanical, Fuel Gas,
and Plumbing Codes
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
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2. Code of Ordinances Title 6 Amendment - 2012 International Fire Code
City Manager recommending adoption of the 2012 International Fire Code published by
the International Code Council, Inc.
ORDINANCE Amending City of Dubuque Code of Ordinances Title 6
Health, Housing, Sanitation and Environment, Chapter 9 Fire Prevention Regulations,
Section 6 -9 -3 Blasting, Fireworks and Open Burning; Permits and Fees, Section 6 -9 -4
Service Stations, Section 6 -9 -5 Bulk Storage Tank Licenses, and Section 6 -9 -6 Smoke
Detection; and Amending Title 14 Building and Development, Chapter 1 Building Codes,
Article E Fire Code and Regulations, Section 14-1E-1 International Fire Code Adopted,
Section 14-1E-2 International Fire Code Amendments, and Section 14-1E-3
International Fire Code Enforcement by updating the International Fire Code from the
2009 version to the 2012 version and changing all references of "Chief of the Fire
Department" to "Fire Chief"
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
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3. Code of Ordinances Title 10 Amendment - Intoxicating Beverages at the Port of
Dubuque Marina
City Manager recommending an ordinance amendment adding the Port of Dubuque
Marina to the list of places that allow the possession, consumption or use of alcoholic
wine, beer or other intoxicating beverages.
ORDINANCE 2 Amending City of Dubuque Code of Ordinances Title 10
Public Ways and Property, Chapter 5 Parks and Recreation, Article B Use Regulations,
Section 10 -5B -2 Intoxicating Beverages by adding the Port of Dubuque Marina as an
exemption
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
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Final Reading and Adopt
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4. Brownfields Petroleum and Hazardous Substances Assessment Grant
City Manager recommending approval of a resolution authorizing the execution of the
Cooperative Agreement Application and associated contract documents pertaining to
the Brownfields Petroleum and Hazardous Substances Assessment Grants Program in
order to receive funds from the U.S. Environmental Protection Agency.
RESOLUTION Authorizing the filing of a Cooperative Agreement
Application with the U.S. Environmental Protection Agency for the receipt of Brownfields
Petroleum and Hazardous Substances Assessment Grants
Suggested Disposition: Receive and File; Adopt Resolution(s)
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5. Request to Schedule Work Session - Sustainable Dubuque
City Manager requesting a quarterly work session with the City Council for Sustainable
Dubuque before the regularly scheduled meeting on Monday, August 19, 2013 at 5:00
p.m.
Suggested Disposition: Receive and File;. it %d
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6. Request to Schedule Work Session - Washington Neighborhood Master Plan
and Market Analysis
City Manager requesting a work session with the City Council regarding the Washington
Neighborhood Master Plan and Market Analysis before the regularly scheduled City
Council meeting on August 5, 2013 from 5:00 p.m. to 6:15 p.m.
Suggested Disposition: Receive and File; i,44,
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COUNCIL MEMBER REPORTS
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L. CLOSED SESSION
Pending Litigation and Property Acquisition - Chapter 21.5(1)(c)(j) Code of Iowa
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M. ADJOURNMENT
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