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CITY COUNCIL SPECIAL SESSION, AUGUST 21, 2006
COUNCIL MET IN R~AR SESSION AT 6:00 P.M. IN THE LIBRARY AUDITORIUM
PRESENT: MAYOR-~Z,~, COUNCIL MEMBERS B~IG, CLlPfE, CONioRS, JoNi:s,
L Y~H, MICH~LSKI
CITY MANAGER VAN J11ILLlGEN, CITY ATTORNEY 0NDAHL
ABSENT:
Mayor Buol read the call and stated this is a regular session of the City Council called
for the purpose of meeting with the Human Rights Commission to receive an update on
ADA.
AyeA Nays
/. 1)' Michalski
I - Braig
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CITY COUNCIL REGULAR SESSION, AUGUST 21, 2006
COUNCIL MET IN REG4LAR SESSION AT 6:30 P.M. IN THE L1BRARV AlJDITORIU~
PRES,ENT: MAVpR aiOL, COUNCIL MEMBERS BRAIG, C"NE, CON~RS, JO~S,
L VN,eH, MICH~SKI /
.. /
CITY MANAGER VAiMILLlGEN, CITY ATTORNEV;lINDAHL
ABSENT:
Mayor Buol read the call and stated this is a regular session of the City Council called
for the purpose of discussing such matters which may properly come before the City
Council.
INVOCATION: Deacon Dave McGhee, Nativity Catholic Church
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CONSENT ITEMS
Nays
Michalski
Braig
Buol
~Cline
Connors
. Jones
Lynch
Ayes
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Minutes and Reports Submitted
Cable Teleprogramming Commission of 6/6; City Council of 817; Civil Service of 6/2, 6/6
and 6/30; Historic Preservation Commission of 7/20; Housing Code Appeals Board of
3/2; Library Board of Trustees of 4/27,6/22 and 717; Zoning Advisory Commission of 8/2
Proofs of publication of City Council Proceedings of July 17, 2006 and List of Claims
and Summary of Revenues for month ending June 30, 2006
Suggested Disposition: Receive and File
Notice of Claims/Suits
Louise Ehlinger for personal injury
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: Louise Ehlinger
for personal injury; Milton Ernst for property damage; Emily Freiberger for property
damage
Suggested Disposition: Receive and File; Concur
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Request to Purchase
Communication from John Gronen requesting to purchase a portion of a City-owned
alley abutting his property at 1798 Washington Street.
Suggested Disposition: Receive and File; Refer to City Manager
4. Green Dubuque
Communication from Jake Werner, 640 Lorimer, regarding the desire for a green
Dubuque and a sustainable future for the City.
3.
Suggested Disposition: Receive and File
5. Residential Parking Permit District
Communication from Dorothy and Lisa McCarthy, 1797 Vizaleea Drive, in appreciation
of the City Council's support for the Residential Parking Permit District.
Suggested Disposition: Receive and File
6.
Certificate of Completion - Marke, LLC (Vessel Systems)
City Manager recommending approval of the issuance of a Certificate of Completion to
Marke, LLC (Vessel Systems) in the Dubuque Industrial Center West acknowledging
completion of their obligations to construct Minimum Improvements.
Suggested Disposition: Receive and File; Approve
PEG Access Capital Grant Expenditure
City Manager recommending approval of a $5,000 grant from the Capital Grant for
Access Equipment and Facilities Fund to Wahlert High School/Holy Family Schools for
a new digital camcorder and $5,070 to Mediacom's Public Access Studio for a
camcorder shoulder brace and wireless intercom system.
7.
Suggested Disposition: Receive and File; Approve
Ayes Nays
Michalski
Braig
Buol
Cline
Connors
Jones
Lynch
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Legislative Correspondence
Communication to Senator Charles Grassley, Senator Tom Harkin and Congressman
Jim Nussle regarding the RIGHT Act.
Suggested Disposition: Receive and File
9. Asbury Road Widening
City Manager recommending approval of the acquisition plats and acceptance of the
proposed right-of-way from the Church of the Resurrection, QHQ Properties, AAP
Partners and Sam's Real Estate Business Trust.
RESOLUTION ;:!it: :7 Approving the acquisition plat of a part of Lot 1 of Dr.
Q's Place in the City of Dubuque, Dubuque County, Iowa and accepting the dedication
of right-of-way for Asbury Road
RESOLUTION .3?O Approving the acquisition plat of a part of Lot 1 of
AAP Place in the City of Dubuque, Dubuque County, Iowa and accepting the dedication
of right-of-way for Asbury Road
RESOLUTION ? /' / Approving the acquisition plat of a part of Lot 2 of
Sam's Place in the City of Dubuque, Dubuque County, Iowa and accepting the
dedication of right-of-way for Asbury Road
RESOLUTION /17;/ Approving the acquisition plat of a part of Lot 1 of
Sam's Place in the City of Dubuque, Dubuque County, Iowa and accepting the
dedication of right-of-way for Asbury Road
RESOLUTION '5/' "3 Approving the acquisition plat of a part of Lot 1 of
Church Place NO.2 in the City of Dubuque, Dubuque County, Iowa and accepting the
dedication of right-of-way for Asbury Road
Suggested Disposition: Receive and File; Adopt Resolutions
Ayes Nays
Michalski
Braig
Buol
Cline
Connors
Jones
Lynch
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Dubuque Main Street, Ltd.
City Manager recommending approval of an agreement between the Iowa Department
of Economic Development, the City of Dubuque, and Dubuque Main Street for the
purpose of continuing the Main Street Program in Dubuque.
RESOLUTION 377/ Of support and financial commitment for the Main
Street Program in Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
11. Collective Bargaining Agreement
City Manager recommending approval of a collective bargaining agreement between
the City of Dubuque and the Teamsters Local Union No. 421.
12.
RESOLUTION 37:) Approving the agreement between the City of
Dubuque, Iowa, and the Teamsters Local Union No. 421 and authorizing the Mayor to
sign the agreement
Suggested Disposition: Receive and File; Adopt Resolution
Carnegie Stout Public Library
Communications in support of the restoration and renovation plans of the Carnegie
Stout Public Library.
Suggested Disposition: Receive and File
13. Iowa Department of Transportation
Notification from the Iowa Department of Transportation that a HMA (Hot Mix Asphalt)
Joint and Crack Sealing Project on US 20 from Old Highway Road east to the
Northwest Arterial will be let on November 21, 2006
Suggested Disposition: Receive and File
JILl
"t'Yfj'f) Nays
'1 C'J Mic~alski
/.. . Bralg
/ Buol .
I Cline
II' ~onnors
/j . Jones
. Lynch
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Improvement Contracts / Performance, Payment and Maintenance Bonds
-- 2006 Grandview Avenue Concrete Section Repair Project
-- Northwest Arterial Hike/Bike Trail Phase I Project
Suggested Disposition: Receive and File
15. Business License Refund
Refund of Isabella's at the Ryan House, LLC liquor license in the amount of $168.75.
Suggested Disposition: Receive and File; Approve Refund
16. Liquor License Transfer
Transfer of the liquor license of the Rotary Club of Dubuque from the Grand Opera
House to the Port of Dubuque for the Rock and Soul Reunion II.
Suggested Disposition: Receive and File; Approve Transfer
17.
Business Licenses
RESOLUTION 37 c:: Granting the issuance of two new permits to sell
cigarettes and cigarette papers within the City of Dubuque
RESOLUTION <"'37/ Granting the issuance of two renewal permits to sell
cigarettes and cigarette papers within the City of Dubuque
RESOLUTION c'3? j( Granting the issuance of a Class "B" Beer (5-Day
Special Event) Beer Permit to Riverfest and a Class "C" Beer Permit to CSC Gas, Inc.,
Rainbo Oil Company, Sid's Beverage and TFM Company
RESOLUTION . '57;; Granting the issuance of a Class "C" Beer/Liquor
License to Ten Pin Tap, Total Chaos, Courtside Sports Bar/Grill, Clarke College and
Eagle's Club; and a Class "B" Wine Permit to Oky Doky #6 and Sid's Beverage
Suggested Disposition: Adopt Resolutions
Ayes Nays
Michalski
Braig
Buol
Cline
Connors
Jones
Lynch
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ITEMS TO BE SET FOR PUBLIC HEARING
jAyeS Nays
I irlV' Mic~alski
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/, . Buol
I;, Cline
/ / Connors
/ . Jones
/ (j) Lynch
1.
Loras College - Request to Vacate
City Manager recommending that a public hearing be set for September 5, 2006 to
consider a request from Loras College to vacate and purchase a portion of a City-
owned alley between West 16th Street and West 1 ih Street west of Catherine Street.
RESOLUTION 3W Of intent to vacate and dispose of City interest in Lot
44A of Yates' Subdivision of Outlots 780 and 713 in the City of Dubuque, Dubuque
County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
9/5/06
2.
Vacate Unnamed Road Off of Rosedale Avenue
City Manager recommending that a public hearing be set for September 5, 2006 to
consider vacating a portion of an unnamed street off of Rosedale Avenue.
RESOLUTION ,"3%/ Of intent to vacate and dispose of City interest in
an unnamed road south of Rosedale Avenue near Glen Oak Street to be described as
Lots D, E, F and G of Rosedale Addition NO.2 in the City of Dubuque, Dubuque County,
Iowa
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
9/5/06
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Fourth Street Extension Vacating
City Manager recommending that a public hearing be set for September 5, 2006 to
consider vacating the Fourth Street Extension to reconstruct the street in this area to
provide access to the Shot Tower and parking areas adjacent to the brewery.
RESOLUTION 3 g,;;2/ Of intent to vacate Lot W in Dubuque Harbor
Improvement Company Addition in the City of Dubuque, Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
9/5/06
4. Voluntary Annexation Request
City Manager recommending that a public hearing be set for September 18, 2006 to
consider a request from Dubuque Bank and Trust to voluntarily annex property located
at 2690 Rockdale Road into the City of Dubuque in conjunction with rezoning to C-3
General Commercial District.
5.
Suggested Disposition: Receive and File; Public Hearing 9/18/06
Asbury Road Eastbound Lane Widening Project
City Manager recommending initiation of the public bidding process for the Asbury Road
Eastbound Lane Widening Project and that a public hearing be set for September 18,
2006.
RESOLUTION :3 if' ;;
RESOLUTION ;:;g /"
RESOLUTION :J 5.::F
Preliminary approval of plans and specifications
Setting date of hearing on plans and specifications
Ordering bids
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
9/18/06
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Pyatigorsk Park Parking Lot Project
City Manager recommending initiation of the public bidding process for the Pyatigorsk
Park Parking Lot Project and that a public hearing be set for September 18, 2006.
RESOLUTION :;J??
RESOLUTION "'3(1' :?
RESOLUTION ,3cf%
Preliminary approval of plans and specifications
Setting date of hearing on plans and specifications
Ordering bids
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
9/18/06
Ayes Nays
Michalski
Braig
Buol
Cline
Connors
Jones
Lynch
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BOARDS/COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following
Boards/Commissions:
Housing Commission: (Three 3-year at-large terms through 8/17/09 - terms of
Culbertson, Holz and Grant) . .
Additional Applicants: Lindaf,rori'l)lelt, Rachel M. Savage ~~i/
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Appointments to the following B6~rds/Commissions: /
Environmental Stewardship Advisory Commission (One 1-year youth term - term of
Miller)
Applicant: Claire Miller
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/AY~ Nays
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/ '. Braig
Buol
/ Cline
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Jones
/ Lynch
Housing Advisory Trust Fund Committee (One 3-year at-large term through 8/17/09-
term of Hingtgen)
Applicant: Doris M. Hingtgen
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Braig
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Housing Commission (Three 3-year at-large terms through 8/17/09 - terms of
Culbertson, Holz and Grant and one 3-year Section 8 term through 8/17/09 - term of
Plein)
At-Large Applicants: Dorothy A. Culbertson, Jim Holz
Section 8 Applicant: John J. Plein
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PUBLIC HEARINGS
SUSPEND THE RULES
Ay~ Nays
/; . (I) Michalski
/ .. Braig
/ tl Buol
/ rJ) Cline
/ / ~ Connors
/ Jones
Lynch
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4905 Old Highway Road - Request to Rezone
Proof of publication on notice of hearing to consider amending Appendix A (the Zoning
Ordinance) by reclassifying property located at 4905 Old Highway Road from R-3
Moderate Density Multi-Family Residential District to C-3 General Commercial District
as requested by David Bleile and Zoning Advisory Commission recommending
approval.
ORDINANCE -.:7(:5 - {/ c:; Amending Appendix A (the Zoning Ordinance) by
reclassifying hereinafter described property located at 4905 Old Highway Road from R-
3 Moderate Density Multi-Family Residential District to C-3 General Commercial District
Suggested Disposition: Receive and File; Motion B; Motion A
1.
,Aye?,) Nays
'j (') Michalski
/. Braig
/' Buol
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//. (;y Jones
, " Lynch
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Seippel Court - Request to Rezone
Proof of publication on notice of hearing to consider amending Appendix A (the Zoning
Ordinance) by reclassifying property located on Seippel Court from R-2 Two-Family
Residential District to CS Commercial Service and Wholesale District as requested by
Brian Lammers I Tri-State Development Company and Zoning Advisory Commission
recommending approval.
ORDINANCE S9- (J c; Amending Appendix A (the Zoning Ordinance) by
reclassifying hereinafter described property located on Seippel Court from R-2 Two-
Family Residential District to CS Commercial Service and Wholesale District
Suggested Disposition: Receive and File; Motion B; Motion A
Ayes Nays
~ichalski
<) "'lBraig
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. Jones
/ Lynch
AY. es Nays
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Conlon Johnson Development LLC Development Agreement
Proof of publication on notice of hearing to consider approval of a Development
Agreement providing for the sale of 4.694 acres of land in Dubuque Technology Park to
Conlon Johnson Development LLC for construction of a 22,000 square foot office
building and City Manager recommending approval.
RESOLUTION 3!?:? Approving a Development Agreement providing for 0 II
the sale of Lot 4 Block 1 Dubuque Technology Park in the City of Dubuque, Iowa,
according to the recorded plat thereof and Lot 1 of Dubuque Technology Park NO.2 to 11
Conlon Johnson Development LLC 111
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Suggested Disposition: Receive and File; Adopt Resolution I I . II
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Expansion of First Supply LLC
Proof of publication on notice of hearing to consider approval of a Development
Agreement with First Su~ply LLC and the sale of five acres of land in Dubuque
Industrial Center West 5 h Addition for construction of a 30,000 square foot distribution
warehouse and City Manager recommending approval.
RESOLUTION 51 () Approving a Development Agreement providing for
the sale of Lot 1 of 3 of Dubuque Industrial Center West 5th Addition in the City of
Dubuque, Iowa, to First Supply, LLC
Suggested Disposition: Receive and File; Adopt Resolution
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Greater Downtown Urban Renewal Plan
Proof of publication on notice of hearing to consider an Amended and Restated Urban
Renewal Plan for the Greater Downtown Urban Renewal District to extend the
boundaries of the District and City Manager recommending approval.
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RESOLUTION 2:7 / Approving the Amended and Restated Urban
Renewal Plan for the Greater Downtown Urban Renewal District
Suggested Disposition: Receive and File; Adopt Resolution
Ay~ Nays
1 (?; Michalski
, I - Braig
I; Buol
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Flora Pool Painting Project
Proof of publication on notice of hearing to consider adoption of the plans and
specifications for the Flora Pool Painting Project and City Manager recommending
award of the contract to Fred Jackson Tuckpointing, Inc. in the amount of $50,350.
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RESOLUTION ./ / V'
RESOLUTION 31''3
Adopting plans and specifications
Awarding contract
RESOLUTION .3'7"/ Approving construction contract with Fred Jackson
Tuckpointing, Inc. for the Flora Pool Painting Project
Suggested Disposition: Receive and File; Adopt Resolutions
Ayes Nays
Michalski
/ Braig
/ Buol
/ (~Cline
/ C> Connors
./ Jones
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Floodwall Pumping Facility Improvement Projects
Proof of publication on notice of hearing to consider adoption of the plans and
specifications for the Floodwall Pumping Facility Improvement Projects and City
Manager recommending award of the contract to Kluck Construction in the amount of
$446,420.80.
RESOLUTION 3f' 5'
RESOLUTION ;3 Y'C;
Adopting plans and specifications
Awarding contract
RESOLUTION :3f'? Approving construction contract with Kluck
Construction for the Floodwall Pumping Facility Improvement Projects
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Suggested Disposition: Receive and File; Adopt Resolutions
Nays
Michalski
Braig
Buol
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REINSTATE THE RULES
Ayes Nays
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ACTION ITEMS
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Suggested Disposition: Receive and File
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Greater Dubuque Development Corporation
Rick Dickinson, Greater Dubuque Development Corporation, to provide a verbal report
regarding the activities of GDDC.
Ayes Nays
/ Michalski
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2.
Cottingham and Butler - Memorandum of Agreement
City Manager recommending approval of a Memorandum of Understanding with
Cottingham and Butler concerning their expansion in downtown Dubuque with
significant renovations of the Security Building located at 151 West 8th Street and the
former House of China Building located at 803 Main Street.
RESOLUTION 3f?? Approving a Memorandum of Understanding with
Cottingham and Butler for an expansion in downtown Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
, " Michalski
1/ Braig
, Buol
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/ / j;Fonnors
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Cedar Lake East Third Addition
Zoning Advisory Commission recommending approval of the final plat of Cedar Lake
East Third Addition.
RESOLUTION 311 Approving plat of survey of Lot 1-2 and Lot A-2 of
Cedar Lake East Third Addition in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
/yes Nays
Michalski
II Braig
Buol
/ (j) Cline
/ f;y)Connors
1(~Jones
/ . Lynch
4.
Asbury Plaza Business Park First Addition
City Manager recommending approval of the final plat of Asbury Plaza Business Park
First Addition.
RESOLUTION L./c9-0 Approving the final plat of Asbury Plaza Business
Park First Addition in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
~. yes Nays
// Michalski
I Braig
/ Buol
. / afline
// ,. iYJC?onnors
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/ () Lynch
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Riverside Boat Pier Grant
City Manager recommending approval of the submittal of a Tier 2 Boating Infrastructure
Grant application to the Iowa Department of Natural Resources and further
recommends City Council approval of the revised project budget in the amount of
$5,088,950, of which $1,088,950 would be the City of Dubuque's local match.
RESOLUTION 7' d / Authorizing an application for a Boating Infrastructure
Grant for the Riverside Boat Pier Project at the Port of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
)yef';}... Nays
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Ayes Nays
Michalski
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Unified Development Code
City Manager recommending approval of the proposed committees for the Unified
Development Code process.
Suggested Disposition: Receive and File; Approve
A~ Nays
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Braig
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Nays
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Sustainable Communities
Information from the American Institute of Architects regarding the Sustainable Design
Assessment Team (SDAT) program.
Suggested Disposition: Receive and File; Council Direction
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Code of Ordinance Update
City Manager requesting City Council direction on the next phase of the update of the
City's Code of Ordinances.
Suggested Disposition: Receive and File; Council Direction
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/' COUNCIL MEMBER REPORTS
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PUBLIC INPUT
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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)O) 2005 Code of Iowa
Motion to go into Closed Session at
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/ Lynch
Motion to adjourn at
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