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CITY COUNCIL SPECIAL SESSION, OCTOBER 16, 2006
COUNCIL MET.IN REG'}AR SESSION AT 5:30 P.M',IN THE ~IBRARY AUDITORIUM
PRESENT: MAYOR ~OL, COUNCIL MEMBERS I;tRAIG, CliNE, CON~ORS, JGNES,
L YN9f!, MICt;tALSKI
/
CITY MANAGER V~ MILLlGEN, CITY ATTORNE'0-INDAHL
ABSENT:
Mayor Buol read the call and stated this is a special session of the City Council called
for the purpose of receiving a presentation from the Library Board of Trustees.
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CITY COUNCIL REGULAR SESSION, OCTOBER 16, 2006
COUNCIL MET IN REG)'LAR SESSION AT 6:30 P.M. IN THE L1BRARY;AUDITORllJM
. PRESENT: MAYORiuOL, COUNCIL MEMBERS"BRAIG, qANE, COlNORS, J~ES,
L YN,CH, MICI1ALSKI ..
CITY MANAGER VAN~ILLlGEN, CITY ATTORNEY ~DAHL
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: Reverend Tom Mason, Captain of the Salvation Army
PROCLAMATION:
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I Save for Retirement Week - ~4/J1/~ --J?./ .-i~
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CONSENT ITEMS
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1.
Minutes and Reports Submitted
City Council of 10/2 and 10/10; Environmental Stewardship Advisory Commission of
9/5,9/20 and 10/3, Housing Commission of 9/26; Human Rights Commission of 8/18
and 9/11; Library Board of Trustees of 7/27, 8/24, 8/28, and 9/8; Long Range Planning
Commission of 9/20; Mechanical Board of 10/11; Park and Recreation Commission of
9/12; Plumbing Board of 10/10; Zoning Advisory Commission of 10/2; Zoning Board of
Adjustment of 9/28
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Proofs of publication of City Council Proceedings of 9/18/06 and List of Claims and
Summary of Revenues for month ending August 31, 2006
Suggested Disposition: Receive and File
2. Notice of Claims/Suits
Debra Curiel for personal injury; First Supply, LLC for property damage; Jean Heim for
vehicle damage; Tyler Kohl for vehicle damage; Nationwide Advantage Mortgage
Company vs. Housing Services Department Lead Paint Hazard Reduction Program, et
al
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: Debra Curiel for
personal injury, First Supply LLC for vehicle damage, and Ken Kohl for vehicle damage
City Attorney recommending that the claim of Jean Heim for vehicle damage be referred
to Selco, Inc.
. Suggested Disposition: Receive and File; Concur
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3.
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Franchise Fee Litigation
City Attorney Barry A. Lindahl recommending approval to retain the law firm of Ahlers &
Cooney, P.C. to represent the City in the franchise fee litigation process.
Suggested Disposition: Receive and File; Approve
4. Tri-State Trail Vision
Communication from the Board of Directors of the Tri-State Trail Vision, a non-profit
group formed by the Envision 2010 Integrated Hike-Bike Trails Commission, requesting
that the City include in the Fiscal Year 2008 a cost and feasibility study for a hiking-
biking trail along the middle fork of Catfish Creek.
Suggested Disposition: Receive and File; Refer to City Manager
5.
Final Plat - US Highway 52
Zoning Advisory Commission recommending approval of the final plat of Lot 1-2 and 2-2
of the West Yo of the SE Yo Section 17, T88N R3E located on US Highway 52, Dubuque
County as requested by Kenneth Lochner.
RESOLUTION 'l9'f" Approving the final plat of Lot 1-2 and 2-2 of the
West Yo of the SE Yo Section 17, T88N R3E located on US Highway 52, Dubuque
County
Suggested Disposition: Receive and File; Adopt Resolution
6. Plat of Survey - Cedar Lakes Subdivision
Zoning Advisory Commission recommending approval of the Plat of Survey of Lot 1-2
and A-2 of Cedar Lake East Third Addition as requested by Gibbs Construction.
RESOLUTION <5"&-0 Approving Plat of Survey of Lot 1-2 and A-2 of
Cedar Lake East Third Addition in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
Buol
/ Cline
Connors
Jones
r. Lynch
/1 Michalski
Braig
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.7.
Requests to Purchase
Communication from Richard Harrison, 801 Rising Street, requesting to purchase a
portion of a City-owned streeUalley abutting his property.
Communication from Tim Schmit II requesting to purchase a portion of a City-owned
streeUalley abutting his property at 650 Kane Street.
Communication from Jason "Jake" Schneider requesting to purchase a portion of a City
streeUalley abutting his property on Kelly Lane.
Suggested Disposition: Receive and File; Refer to City Manager
8. Friends of the Mines of Spain
Communication from Douglas G. Olk, president of the Board of Directors of Friends of
the Mines of Spain, requesting a letter of support regarding the City's financial
commitment for their expansion project.
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Suggested Disposition: Receive and File; Refer to City Manager
Iowa Individual Health Benefit Reinsurance Assessment
City Manager recommending approval of the expenditure of $38,182.13 to the Iowa
Individual Health Benefit Reinsurance Association for the City's Iowa Individual Health
Benefit Reinsurance Assessment.
Suggested Disposition: Receive and File; Approve
Downtown Dubuque Master Plan - Consultant Selection
City Manager recommending approval of the selection of Community Land Use and J
Economics Group (CLUE) to perform services related to implementation of the i,l
Downtown Master plan, at a cost not to exceed $47,200./1
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Suggested Disposition: Receive and File; Approve
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409 Burch Street (Tabled from September 18, 2006 Meeting)
City Manager recommending that this item be retabled to November 6, 2006.
Suggested Disposition: Receive and File; Table to 11/6/06
12. Comprehensive Plan Update
Long Range Planning Advisory Commission submitting the September 2006
Comprehensive Plan Update.
Suggested Disposition: Receive and File
13. Human Rights Commission
James L. Jarrard, Chair of the Human Rights Commission, advising that Mary Gassman
has resigned her position on the Commission.
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Suggested Disposition: Receive and File
Collective Bargaining Agreement
City Manager recommending approval of a two-year collective bargaining agreement
between the Teamsters Local Union No. 421 (Bus Operators) and the City of Dubuque
for the contract period beginning July 1, 2006.
SV/
RESOLUTION Approving the agreement between the City of Dubuque, Iowa and the
Teamsters Local Union No. 421 (Bus Operators) and authorizing the Mayor to sign the
agreement
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
Buol
Cline
Connors
Jones
Lynch
Michalski
Braig
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.15.
Application for HUD Lead-Based Paint Hazard Control Grant
City Manager recommending approval of the submission of a Lead Demonstration
Grant Application to HUD through the Dubuque County Board of Health.
Suggested Disposition: Receive and File; Approve
16. Economic Development Loan - Sedgwick Claims Management Services, Inc.
City Manager recommending approval of an Economic Development Loan of $100,000
to Sedgwick Claims Management Services to provide the local match for a State of
Iowa Community Economic Betterment Loan Agreement (CEBA) loan.
RESOLUTION 50:;;2. Approving an Economic Development Loan of One
Hundred Thousand Dollars ($100,000) to Sedgwick Claims Management Services, Inc.
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Suggested Disposition: Receive and File; Adopt Resolution
Dubuque Industrial Center West
City Manager recommending that lots in the Dubuque Industrial Center West be
subdivided to accommodate the land sale to National Dentex (Oral Art's, Inc.).
RESOLUTION 50::3 Approving plat of survey Lot A and Lot B of Lot 2 of
1 of the Dubuque Industrial Center West 6th Addition in the City of Dubuque, Iowa
RESOLUTION 5c:J c(" Approving Plat of Survey Lot 1 and Lot 2 of Lot B,
Dubuque Industrial Center West 6th Addition in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
Buol
Cline
Connors
Jones
Lynch
Michalski
Braig
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Mini Bus ontracted Services ___ /~2t~ =~)
City Manag recommending that the contracts for ini bus service with Mt. Saint
Francis, Sun crest, and Area Residential Care be t nsferred from Keyline to the
Regional Trans rtation Authority (RTA).
Suggested Dispos ion: Receive and File; Approve
19. Housing Commission
Communication from Harry F. Neustadt submitting his resignation from the Housing
Commission and his liaison positions with the Community Development Advisory
Commission and the Housing Advisory Trust Fund Committee, effective immediately.
18.
Suggested Disposition: Receive and File
20. Citizen Communication
Communication from Robert Park, 2939 Brandywine Park Drive, voicing concerns about
the lack of sidewalks on portions of John F. Kennedy Road and West 32nd Street.
Suggested Disposition: Receive and File; Refer to City Manager
21.
Centers for Disease Control and Prevention - Fluoridation Recognition
City Manager advising that the Centers for Disease Control and Prevention (CDC) have
recognized the City of Dubuque Water Department for their performance regarding
fluoridation.
Suggested Disposition: Receive and File
22.
American Water Works Association
City Manager advising that the American Water Works Association has recognized the J
City of Dubuque Water Department for 100 years of service and has inducted the
department into the Association's 100 Year Club. ! yl!
Su..__ Di.posltion, _...ive ,,- FiI. ~ ,q :Jt:)P
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Signed Contracts
-- A Y McDonald Park Change Orders
-- Fire Headquarters - Sidewalk Replacement Project
Suggested Disposition: Receive and File
24. Improvement Contracts I Performance, Payment and Maintenance Bonds
-- Highway 20 Landscaping Project, Phase II Project
-- Loras Boulevard Traffic Signalization Replacement Project
23.
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Suggested Disposition: Receive and File
25. Rotary Club of Dubuque
Application of the Rotary Club of Dubuque to transfer their liquor license from the Grand
Opera House at 135 West 8th Street to 1000 Jackson Street on October 28, 2006.
Suggested Disposition: Receive and File; Approve
26.
Business Licenses
RESOLUTION 5GJ z:;- Granting the issuance of a Class "Cn Beer/Liquor
License to Dog House Lounge, One Flight Up, Rainbow Lounge, Channel Inn, Europa
Haus Restaurant and Bierstube, Yen Ching Restaurant, and Fountain Park Event
Center; Special Class "Cn Liquor License to Jamies Wine Studio of Dubuque; and a
Class "B" Wine Permit to Jamies Wine Studio of Dubuque
Suggested Disposition: Adopt Resolution
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ITEMS TO BE SET FOR PUBLIC HEARING
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1. Residential Parking Permit District - November 6, 2006
2. Crescent Community Health Center - Request to Vacate - November 6, 2006
3. Fiscal Year 2007 Budget Amendment - November 6, 2006
4. P & L Venture, LLC (National Dentex . Oral Arts, Inc.) Land Sale and Development
Agreement - November 6, 2006 NOTE - Change from National Dentex to P & L Venture
1. Residential Parking Permit District
City Manager recommending that a public hearing be set for November 6, 2006 to
consider approval of a request to establish a Residential Parking Permit District on
Hansel Drive between Keystone Drive and Keymont Drive.
RESOLUTION 506 Setting a public hearing on establishing a
Residential Parking Permit District on Hansel Drive from Keystone Drive to Keymont
Drive
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
11/6/06
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2.
Crescent Community Health Center - Request to Vacate
City Manager recommending that a public hearing be set for November 6, 2006 to
consider approval of a request to vacate and dispose of the alley between Washington
Street and Elm Street from 1 ih to 18th Streets.
RESOLUTION 50'/' Of intent to vacate and dispose of City interest in Lot
159A and 159B of "East Dubuque" an addition in the City of Dubuque, Dubuque County,
Iowa
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
11/6/06
3. Fiscal Year 2007 Budget Amendment
City Manager recommending that a second public hearing on the Fiscal Year 2007 First
Budget Amendment be set for November 6, 2006 due to an error in the original
documents.
RESOLUTION 50'i5 Setting the date for the public hearing on
Amendment #1 to the Fiscal Year 2007 Budget for the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
11/6/06
National Dentex (Oral Arts, Inc.) Land Sale and Development Agreement
City Manager recommending that a public hearing be set for November 6, 2006 to
consider the sale of approximately three (3) acres of land in the Dubuque Industrial
Center West to National Dentex (Oral Arts, Inc.) and a Development Agreement
between the City of Dubuque and National Dentex (Oral Arts, Inc.).
RESOLUTION 5tJ:? Intent to dispose of an interest in City of
Dubuque real estate and fixing the date for a public hearing of the City Council of the
City of Dubuque, Iowa on the proposed issuance of Urban Renewal Tax Increment
Revenue Obligations and the execution of a Development Agreement relating thereto
with P & L Venture, LLC and National Dentex (Oral Arts, Inc.), and providing for the
publication of notice thereof
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
11/6/06
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BOARDS/COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following
Commission:
Human Rights Commission (Two unexpired terms - terms of Lone)! and Gassman)
Applicants: Patricia Foster, Katrina Wilberding, Gretel Winteryvoo,t;J
\;; .
Appointments to the following Commission: 'J
Cable TV Teleprogramming Commission (Three 3-year terms through 6/30/09 - Term of
Tigges and two vacancies)
Applicant: Jennifer Tigges
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PUBLIC HEARINGS
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SUSPEND THE RULES
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West 11th Street Historic District - Request to Rezone
Proof of ~ublication on notice of hearing to consider reclassifying property located in the
West 11t Street Historic Preservation District from R-3 Moderate Density Multi-Family
Residential District, R-4 Multi-Family Residential District and C-1 Neighborhood
Commercial District to R-2 Two-Family Residential District as requested by Rodney
Carroll, Historic Bluffs Neighborhood Association, and Zoning Advisory Commission
recommending approval with the omission of three lots at 514 Loras Boulevard (C-1)
and 605/635 West 11th Street (R-3).
ORDINANCE ~ ~ Amending Appendix A (the Zoning Ordinance) of
the City of Dubuque Code of Ordinances by reclassifying property located in the West
11th Street Historic Preservation District from R-3 Moderate Density Multi-Family
Residential District, R-4 Multi-Family Residential District and C-1 Neighborhood
Commercial District to R-2 Two-Family Residential District
Suggested Disposition: Receive and File; Motion B; Motion A
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Asbury Plaza Shopping Center
Proof of publication on notice of hearing to consider amending the Asbury Plaza
Shopping Center PUD Planned Unit Development District to permit a second free-
standing monument style sign on outlots, not to exceed ten square feet in area and ten
fees in height as requested by Andrew Mozena, Premier Bank I Jeff Walker, Advanta
Sign Company, and Zoning Advisory Commission recommending approval.
ORDINANCE r:;S Amending Appendix A (the Zoning Ordinance) of the
City of Dubuque by reclassifying hereinafter described property located at the northwest
corner of Asbury Road and the Northwest Arterial to amend Ordinance No, 44-99 that
established the PUD Planned Unit Development District for Asbury Plaza and adopting
amended regulations for outlot signage
Suggested Disposition: Receive and File; Motion B; Motion A f
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Vacating Petition - River Front Subdivision No.3
Proof of publication on notice of hearing to consider a request from Airgas North
Central, Inc. (Airgas) to vacate a portion of Kerper Boulevard that abuts the existing
Airgas facility at 2240 Kerper Boulevard and City Manager recommending approval.
RESOLUTION <-5"/0 Approving plat of proposed vacated portion of Kerper
Boulevard in Block 6 of River Front Subdivision NO.3
RESOLUTION 5/ /
river Front Subdivision NO.3
RESOLUTION 5/ c;;2/ Disposing of City interest in Lot 1A, Block 6, River
Front Subdivision NO.3 in the City of Dubuque, Dubuque County, Iowa
Vacating a portion of Kerper Boulevard in Block 6 of
Suggested Disposition: Receive and File; Adopt Resolution
,Ayes Nays
. Buol
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Lynch
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Eagle Point Park Concrete Work Project
Proof of publication on notice of hearing to consider adoption of the plans and
specification for the Eagle Point Park Concrete Work Project and City Manager
recommending award of the contract to Kluck Construction, Inc., in the amount of
$59,860.
RESOLUTION
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Awarding contract
Adopting plans and specifications
RESOLUTION
RESOLUTION 5/S Approving construction contract with Kluck
Construction, Inc. for the Eagle Point Park Concrete Work Project
Suggested Disposition: Receive and File; Adopt Resolutions
Ayes Nays
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Crescent Community Health Center Parking Lot Construction Project
Proof of publication on notice of hearing to consider adoption of the plans and
specification for the Crescent Community Health Center Parking Lot Project and City
Manager recommending award of the contract to Portzen Construction, Inc., in the
amount of $100,937.
RESOLUTION 5'/ r:; Adopting plans and specifications
RESOLUTION 5/ 7 Awarding contract
RESOLUTION < "S / f( Approving construction contract with Portzen
Construction, Inc. for the Crescent Community Health Center Parking Lot Construction
Project
Suggested Disposition: Receive and File; Adopt Resolutions
. Ayes Nays
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REINSTATE THE RULES
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ACTION ITEMS
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1. Convention and Visitors Bureau
Sue Czeshinski, Dubuque Area Chamber of Commerce Convention and Visitors
Bureau, to present quarterly report,
Suggested Disposition: Receive and File
Main Street Iowa I Dubuque Main Street, Ltd.
Jane Seaton, Main Street Iowa (a division of the Iowa Department of Economic
Development), to provide verbal report on state program activity and status of the
local Main Street organization, in lieu of Dubuque Main Street verbal presentation,
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Suggested Disposition: Receive and File
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Request to Address the City Council
Communication from Mike Heitz, 1085 University Avenue, requesting that the City of
Dubuque build a new skate park, ~
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Suggested Disposition: Receive and File; Council ~I
Ayes Nays
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Quasi Judicial Nature of Rezonings
City Attorney advising that rezoning, including rezoning to a PUD Planned Unit
Development District, is quasi-judicial in nature and, therefore, the City Council should
not have any ex parte contact with rezoning applicants, supporters or opponents or City
staff, and should not make any individual site visits,
Suggested Disposition: Receive and File
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21
.
5.
Boating Infrastructure Grant Application
City Manager recommending approval of a revised Tier 2 Boating Infrastructure Grant
Application for the Riverside Boat Pier.
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RESOLUTION 5 / / Authorizing an application for Tier 2 Boating
Infrastructure Grant Funds for Riverside Boat Pier Project at the Port of Dubuque
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Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
1/' Buol
,/ L') Cline
/ Connors
/ / Jones
/, Lynch
/ . 4:ichalski
/ f/ raig
.
.
22
.
6.
Delinquent Dog and Cat License Charges
City Manager recommending approval of an amendment to Chapter 7 of the Code of
Ordinances pertaining to delinquent dog and cat license charges.
ORDINANCE c;;;.r::; Amending the City of Dubuque Code of Ordinances
Section 7-34 Dogs - Expiration; Renewal; Delinquent Fee and Section 7-36 Cats-
Expiration; Renewal; Delinquent Fees by extending the date when dog and cat licenses
become delinquent
Ayes Nays
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/ aiCline
/ l:IConnors
/ Jones
/
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/1/ ) Michalski
/ U Braig
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Suggested Disposition: Receive and File; Motion B; Motion A
.
Ayes Nays
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Lynch
/. () Michalski
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23
.7.
.
.
Ambulance Rates
City Manager recommending that he be authorized to establish rates for the City's
ambulance service,
ORDINANCE 6;7 Amending City of Dubuque Code of Ordinances
Section 23-31 Rates-Established Authorizing the City Manager to Establish Rates for
Ambulance Service
Suggested Disposition: Receive and File; Motion B; Motion A
Ayes
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Nays
Buol
Cline
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Braig
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AYes Nays
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/ Michalski
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24
.
.
.
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)G) 2005 Code of Iowa
Motion to
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Lynch
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Motion to Adjourn at
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Ayes Nays
Buol
Cline
Connors
Jones
Lynch
Michalski
Braig
25