3 17 14 Clerk's Skeleton Notes and Meeting CallsTO: Kevin S. Firnstahl, City Clerk
You are hereby directed to call a Regular Session of the City Council to be
held on Monday, March 17, 2014 at 6:30 PM in the Historic Federal Building for
the purpose of conducting such business that may properly come before the City
Council.
Consent Items: Pages 1-4
Roy D. Buol, Mayor
TO: Kevin S. Firnstahl, City Clerk
You are hereby directed to call a Special Session of the City Council to be
held on Monday, March 17, 2014 at 5:30 PM in the Historic Federal Building for
the purpose of conducting a work session the status of Grehyound racing
legislation.
Consent Items: Pages n/a
/441_
D. Buol, Mayor
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
The Dubuque City Council met in special session at 5:30 p.m. on March 17, 2014 in
the Historic Federal Build' g, 350 W. 6t" Street.
Present: Mayor Buol; Council Members Brig, Conrs, Joi s, Lyfich, Rd"snick,
mutton; City Manager Van Milligen, Assistant City Attorney Brumwell
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Absent:
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Mayor Buol read the call and stated this is a special session of the City Council called
for the purpose of conducting a work session on the status of Greyhound racing
legislation.
WORK SESSION
Status of Greyhound' Racing Legislation
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CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in special session at 6:30 p.m. on March 17, 2014 in
the Historic Federal Building, 350 W. 6th Street.
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Present: Mayor Buol; Council Members Braig, Cohnors, Ai/es,
jfsu ton; City Manager Vary-Milligen, Assistant City Attorney Brumwell
P(r entt:
Mayor Buol read the call and stated this is a special session of the City Council called
for the purpose of conducting such business that may properly come before the City
Council.
h, RLsnick,
PROCLAMATION(S)
1. Autism Awareness Month (April 2014) was accepted by
2
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CONSENT ITEMS
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1. Minutes and Reports Submitted
Airport Commission of 2/24; Cable TV Commission of 1/8, Community Development
Advisory Commission of 2/19; City Council Proceedings of March 3 and 5; Civil Service
Commission of 2/26; Historic Preservation Commission of 2/20; Library Board of
Trustees of 1/23 and 2/6; Library Board of Trustees Report of 2/27; Long Range
Planning Advisory Commission of 2/29; Sister City Relationships Advisory Commission
of 2/10, Zoning Advisory Commission of 3/5; Proof of publication for City Council
Proceedings of February 17, 18, 20, and 24; Proof of publication for List of Claims and
Summary of Revenues for Month Ended 1/31
Suggested Disposition: Receive and File
2. Notice of Claims and Suits
Ainsley Billesbach for vehicle damage, Kimberly Bradley for personal injury, Nikolas
Britton vs. City of Dubuque for malpractice allegation, Joseph Jacobsmeier for property
damage, Janann Oertel for property damage, Premier Linen for property damage, Joan
Reimer for property 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: Ainsley
Billesbach for vehicle damage, Kimberly Bradley for personal injury, Nikolas Britton for
malpractice allegation, Barbara Erickson for personal injury, Wayne Heim for vehicle
damage, Julie Houselog for vehicle damage, Miguel Jackson for vehicle damage,
Joseph Jacobsmeier for property damage, Michael Mahoney/State Farm for vehicle
damage, Janann Oertel for property damage, Premier Linen for property damage,
Joan Reimer for property damage
Suggested Disposition: Receive and File; Concur
3
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4. Site Selection Magazine - Dubuque Business Growth and Expansion Projects
Greater Dubuque Development Corporation submitting information and an article from
Site Selection Magazine referencing Dubuque's top metro ranking for 14 business
growth and expansion projects.
Suggested Disposition: Receive and File
5. AmeriCorps VISTA Project Application
City Manager recommending approval of an AmeriCorps VISTA Project Application e -
filed with the Corporation of National and Community Service for four VISTA positions to
assist with the third grade reading initiative.
Suggested Disposition: Receive and File; Approve
6. Final Plat - Mt. Vernon Court
Zoning Advisory Commission recommending approval of the Final Plat for Mt. Vernon
Court, Plat 2.
RESOLUTION 72-14 Approving the Final. Plat Mount Vernon Court Plat 2 in the City of
Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
7. Final Plat - Dubuque Harbor Company Addition
Zoning Advisory Commission recommending approval of the Final Plat for Dubuque
Harbor Company Addition.
RESOLUTION 73-14 Approving the Final Plat of Lot 4A, Lot 4B, and Lot 4C, Block 1 of
Dubuque Harbor Company Addition to the city of Dubuque, Iowa, Dubuque County,
Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
4
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Buol
Connors
Jones
Lynch
Resnick
8. Property Acquisition - 460 E. 18th Street
City Manager recommending approval to acquire 460 E. 18th Street from Phillip L.
Mihalakis and Steven M. Lampe, partners in Marde Enterprises as part of the
acquisition program associated with the Bee Branch Creek Restoration
Project.
RESOLUTION 74-14 Approving the acquisition of real estate owned by Phil L. Mihalakis
and Steven M. Lampe, D/B/A Marde Enterprises, in the City of Dubuque •
Suggested Disposition: Receive and File; Adopt Resolution(s)
9. Iowa Department of Transportation (IDOT) Cooperative Agreement for Primary
Road Project
City Manager recommending approval of the Iowa Department of Transportation
Cooperative Agreement for Primary Road Project for the White Street HMA Resurfacing
with Milling Project, from 11th to 21st Street.
RESOLUTION 75-14 Approving the Iowa Department of Transportation Cooperative
Agreement for Primary Road Project (Agreement No. 2014-16-271) for the White Street
HMA Resurfacing With Milling Project, from 11th to 21st Street
Suggested Disposition: Receive and File; Adopt Resolution(s)
10. SW Arterial Supplemental Agreement No. 13
City Manager recommending approval of the Consultant Professional Services
Supplemental Agreement with AECOM Technical Services, Inc. to include the
completion of right-of-way property acquisition for the Southwest Arterial Project,
subject to the concurrence of the Iowa Department of Transportation.
RESOLUTION 76-14 Approving the Consultant Professional Services -Supplemental
Agreement No. 13 between AECOM Technical Services, Inc. and the City of Dubuque
for the completion of right-of-way property acquisition for the Southwest Arterial Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
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Yays
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Buol
Connors
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Lynch
Resnick
11. Circles® USA Contract
City Manager recommending approval of a contract with Circles® USA for consulting
services for the Circles Initiative for the contract year April 1, 2014 through March 31,
2015.
Suggested Disposition: Receive and File; Approve
12. Collective Bargaining Agreement - Teamsters Local 120
City Manager recommending approval of a three-year collective bargaining agreement
with the Teamsters Local Union No. 120.
RESOLUTION 77-14 Approving the agreement between the City of Dubuque, Iowa, and
the Teamsters Local Union No. 120 and authorizing the Mayor to sign the agreement
Suggested Disposition: Receive and File; Adopt Resolution(s)
13. Collective Bargaining Agreement - Teamsters Local Union 120 (Bus
Operators)
City Manage recommending approval of a three-year collective bargaining agreement
with the Teamsters Local Union No. 120 (Bus Operators).
RESOLUTION 78-14 Approving the agreement between the City of Dubuque, Iowa, and
the Teamsters Local Union No. 120 (Bus Operators) and authorizing the Mayor to sign
the agreement
Suggested Disposition: Receive and File; Adopt Resolution(s)
14. Iowa 32 Bike/Hike Trail LWCF Grant Application
City Manager recommending approval to submit a 2014 Land and Water Conservation
Fund (LWCF) grant application to the Iowa Department of Natural Resources for Phase
4 of the Iowa 32 Bike/Hike Trail.
RESOLUTION 79-14 Authorizing LWCF Grant Application to Iowa Department of
Natural Resources for Phase 4 of the Iowa 32 Bike/Hike Trail
Suggested Disposition: Receive and File; Adopt Resolution(s)
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15. Swift Water Adventure Tours - Docking Agreement
City Manager recommending approval of a docking agreement with Swift Water
Adventure Tours to embark and disembark passengers at the Port of Dubuque Marina.
Suggested Disposition: Receive and File; Approve
16. Global Green USA Partnership Agreement
City Manager recommending approval of a Partnership Agreement between Global
Green USA and the City of Dubuque to collaborate on advancing the City of Dubuque's
sustainability goals and objectives through the delivery of technical assistance funded
by a grant from the Environmental Protection Agency's Building Blocks for Sustainable
Communities Program.
Suggested Disposition: Receive and File; Approve
17. Progressive Processing, LLC - 2nd Amendment to Development Agreement
City Manager recommending approval of a Second Amendment to the Development
Agreement with Progressive Processing, LLC, in order to provide an additional two
years of TIF extended over the course of five years (at 40% per year), with the
requirement of the addition of 91 jobs.
RESOLUTION 80-14 Approving the Second Amendment to Development Agreement
between the City of Dubuque, Iowa and Progressive Processing, LLC
Suggested Disposition: Receive and File; Adopt Resolution(s)
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Buol
Connors
Jones
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18. TriState Quality Metals, LLC - Contract Amendment No. 1
City Manager recommending approval of a Contract Amendment and Assignment to the
existing Economic Development Assistance Contract by TriState Quality Metals, LLC,
the City of Dubuque, and the Iowa Economic Development Authority, allowing Wilming
Investments, LLC to be included as a party to the agreement.
RESOLUTION 81-14 Authorizing the execution of a Contract Amendment and
Assignment to the Economic Development Assistance Contract by Tristate Quality
Metals, LLC, the City of Dubuque and the Iowa Economic Development Authority
Suggested Disposition: Receive and File; Adopt Resolution(s)
19. Dubuque Terminals, Inc. - Amended and Restated Dove Harbor Lease Agreement
City Manager recommending approval of the Amended and Restated Lease Agreement
with Dubuque Terminals, Inc. to incorporate changes in the lease rate and leasable
area, as well as to align terms with the existing Gavilon Grain, LLC lease in Dove
Harbor.
RESOLUTION 82-14 Approving an amended and restated lease between the City of
Dubuque, Iowa and Dubuque Terminals, Inc. in Dove Harbor
Suggested Disposition: Receive and File; Approve
20. Fiscal Year 2015 Utility User Fees and Rates Brochure
City Manager transmitting a brochure regarding Fiscal Year 2015 utility user fees and
rates that is being distributed with City utility bills beginning with the March mailing
cycle.
Suggested Disposition: Receive and File
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21. Green Alley Program Brochure
City Manager submitting the Green Alley Program brochure being mailed to affected
property owners that provides information on green alleys and the Bee Branch Flood
Mitigation Project.
Suggested Disposition: Receive and File
22. Mediacom Communications Company
Correspondence from Mediacom Communications Company advising the City of
changes in programming and to digital and high definition channels on or about April 15
and 22, 2014.
Suggested Disposition: Receive and File
23. Alcohol Compliance Civil Penalty for Alcohol License Holders — Bar -X
City Manager recommending approval of the Acknowledgment/Settlement Agreement
for an alcohol compliance violation for Bar -X, 2616 Windsor Avenue
Suggested Disposition: Receive and File; Approve
24. Alcohol License Applications
City Manager recommending approval of annual liquor, beer, and wine licenses as
submitted.
RESOLUTION 83-14 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
Suggested Disposition: Receive and File; Adopt Resolution(s)
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ITEMS TO BE SET FOR PUBLIC HEARING
1. HMA Resurfacing Project - White Street from 11th Street to 21st Street
City Manager recommending initiation of the public bidding procedure for the White
Street HMA Resurfacing with Milling Project from 11th Street to 21st Street, and further
recommends that a public hearing be set for April 7, 2014.
RESOLUTION 84-14 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
Suggested Disposition: Receive and File: Adopt Resolution(s), Set Public Hearing
4/7/14
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BOARDS/COMMISSIONS
Applicants were invited to address the City Council regarding their application to the
following boards/commissions:
1. Sister City Relationships Advisory Commission
One, 3 -year term through February 1, 2017 (Vacant term of Filimonenko).
Applicant: Richard Van !ten, 3273 Bittersweet Ln._
Appointments to the following commission to be made at this meeting:
2. Housing Commission
One, 3 -year term through August 17, 2016 (Vacant term of Root). Applicant:
David Wall, 333 W. 17th St., Apt. #19
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PUBLIC HEARINGS
1. Sale of Property at 2250 Washington
City Manager recommending re -approval of a resolution and re -setting a public hearing
for April 7, 2014, for the purpose of disposing of City -owned real estate at 2250
Washington Street to Jodie L. Evans.
RESOLUTION 92-14 Resolution of Intention to dispose of City -owned property,
specifically, Lot 1 Bee Branch Sub. No. 9 in the City of Dubuque, Iowa, according to the
recorded Plat thereof - 2250 Washington Street
Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 4/7/14
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SUSPEND THE RULES
2. Request to Amend Institutional District - University of Dubuque
Proof of publication on notice of public hearing to consider a request by the University of
Dubuque, 2255 Bennett Street, to amend the ID Institutional District on not needing a
privacy fence between 2224 Grace Street and 2255 Bennett Street and the Zoning
Advisory Commission recommending denial.
ORDINANCE - 4 Amending Title 16 of the City of Dubuque Code of Ordinances,
Unified Develo ent Code, by Providing for the Approval of an Amended Campus
Development Plan for the University of Dubuque ID Institutional District to Allow
Removal of a Privacy Fence Between 2224 Grace Street and 2255 Bennett Street.
Suggested Disposition: Receive and FiI , Gonct7r with Denial, or Motion B; Motion A
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3. SRF Green Alley Project - Bid Set 2
Proof of publication on notice of public hearing to consider approval of plans,
specifications, form of contract, and estimated cost for the SRF Green Alley Bid Set 2
Project and adoption of the Resolution of Necessity and the Preliminary Schedule of
Assessments for this project, and the City Manager recommending approval.
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RESOLUTION 85-14 Approval of plans, specifications, form of contract, and estimated
cost for the SRF Green Alley Bid Set 2 Project
RESOLUTION 86-14 Resolution with Respect to the adoption of the Resolution of
Necessity proposed for the SRF Green Alley Bid Set 2 Project
RESOLUTION 87-14 Approving Schedule of Assessments and estimate of total cost for
the SRF Green Alley Bid Set 2 Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
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4. SRF Green Alley Project - Bid Set 3
Proof of publication on notice of public hearing to consider approval of the plans,
specifications, form of contract and the estimated cost for the SRF Green Alley Bid Set
3 Project and adoption of the Resolution of Necessity and the Preliminary Schedule of
Assessments for this project, and the City Manager recommending approval.
RESOLUTION 88-14 Approval of plans, specifications, form of contract, and estimated
cost for the SRF Green Alley Bid Set 3 Project
RESOLUTION • 7-14 with respect to the adoption of the Resolution of Necessity
proposed for the SRF Green AIIey Bid Set 3 Project
RESOLUTION 8-14 Approving Schedule of Assessments and estimate of total cost for
the SRF Green AIIey Bid Set 3 Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
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5. Request to Rezone - 2497 Jackson Street
Proof of publication on notice of public hearing to consider a request by David Link to
rezone property at 2497 Jackson Street from R -2A Alternate Two -Family Residential to
C-4, Downtown Commercial Zoning District and the Zoning Advisory Commission
recommending approval subject to prohibiting any outdoor storage.
ORDINANCE 24-14 Amending Title 16 of the City of Dubuque Code of Ordinances,
Unified Development Code, by Reclassifying Hereinafter Described Property Located at
2497 Jackson Street from R -2A Alternate Two -Family Residential District to C-4
Downtown Commercial District with Conditions
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
Yays
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6. TriState Quality Metals - Development Agreement and Disposal of Real Estate
Proof of publication on notice of public hearing to consider action on a Development
Agreement between and among the City of Dubuque, Wilming Investments, LLC and
TriState Quality Metals, LLC providing for the sale of real estate and the City Manager
recommending approval.
RESOLUTION 91-14 Approving a Development Agreement with Wilming Investments,
LLC and Tristate Quality Metals LLC providing for the sale of Lot 3 of Dubuque
Industrial Center South First Addition in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
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7. Bishop Block - Disposal of Real Estate
Proof of publication on notice of public hearing to consider approval of disposal of the
alley behind lower Main Street from Locust Street Connector to West First Street and
portion of West First Street via Quit Claim Deed to Bishop's Block Limited partnership
and the City Manager recommending approval.
RESOLUTION 93-14 Disposing of an Interest in City -owned real property by Quit Claim
Deed to Bishop's Block Limited Partnership
Suggested Disposition: Receive and File; Adopt Resolution(s)
Yays
Nays
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8. Dubuque Intermodal Transportation Center
Proof of publication on notice of public hearing to consider final approval of plans,
specifications, form of contract, and estimated cost for Dubuque Intermodal
Transportation Center Project and the City Manager recommending approval.
RESOLUTION 94-14 Approval of plans, specifications, form of contract, and estimated
cost for Dubuque Intermodal Transportation Center
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. Pre -Annexation Requirement Waiver Request - Jon Luckstead Plat
City Manager recommending that a pre -annexation agreement be required for property
at 10496 Ironwood Drive, which lies along U.S. Highway 61/151 and is adjacent to the
Dubuque city limits. Correspondence from Jon Luckstead requesting the City Council
support his request for a waiver and to address the City Council.
Suggested Disposition: Receive and File; Approve
Yays
Nays
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2. Pre -Annexation Requirement Waiver Request - Loras Pape Plat
City Manager recommending that a pre -annexation agreement be required for property
at 10593 Lake Eleanor Road, which lies along U.S. Highway 61/151 and is adjacent to
the Dubuque city limits.
Suggested Disposition: Receive and File; Approve
Yays
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3. Regulation of Payday Lenders
City Manager transmitting information on possible zoning regulations for payday lenders
in response to a request by the City Council on November 18, 2013.
Suggest d Dispo ition: Receive and File; Council
Yays
Nays
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4. Code of Ordinances Amendments - Title 16 Historic Preservation Demolition
Review
Historic Preservation Commission recommending approval of amendments to the City
of Dubuque Code of Ordinances Title 16 to provide uniform criteria and regulations for
demolition review in historic and conservation districts.
ORDINANCE 25-14 Amending City of Dubuque Code of Ordinances Title 16 Unified
Development Code, Chapter 10 Historic Preservation Commission Applications and
Procedures, Section 6 Identification and Designation of Landmarks, Sites
and Historic Districts by Providing for a Meeting and Establishing Procedures by Which
the Commission May Accept Oral or Written Testimony from Interested Parties
ORDINANCE 26-14 Amending City of Dubuque Code of Ordinances Title 16 Unified
Development Code, Chapter 10 Historic Preservation Commission Applications and
Procedures, Section 8 Demolition of Landmarks, Landmark Sites and Historic Districts
by Clarifying Procedures and Criteria for Demolition of Landmarks, Sites and Structures
in Historic Districts and Conservation Districts
ORDINANCE 27-14 Amending City of Dubuque Code of Ordinances Title 16 Unified
Development Code, Chapter 10 Historic Preservation Commission Applications and
Procedures, Section 9 Alteration of Landmarks, Historic Properties and Sites by
Clarifying the Procedure for Disapproval of Applications and by Removing all
References to Demolition
ORDINANCE 28-14 Amending City of Dubuque Code of Ordinances Title 16 Unified
Development Code, Chapter 10 Historic Preservation Commission Applications and
Procedures, Section 10 Standards for Review by Clarifying Design Review Standards
ORDINANCE 29-14 Amending City of Dubuque Code of Ordinances Title 16 Unified
Development Code, Chapter 10 Historic Preservation Commission Applications and
Procedures, Section 11 Review of Demolition Permits in Conservation Districts by
Deleting Procedures for Review of and Application for Demolition in Conservation
Districts Amending City of Dubuque Code of Ordinances Title 16 Unified Development
Code, Chapter 10 Historic Preservation Commission Applications and Procedures,
Section 11 Review of Demolition Permits in Conservation Districts by Deleting
Procedures for Review of and Application for Demolition in Conservation Districts
Suspend the Readings
Yays
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5. U.S. Department of Housing and Urban Development (HUD) - Voluntary
Compliance Agreement
City Manager recommending approval of a Voluntary Compliance Agreement
negotiated with the U.S. Department of Housing and Urban Development (HUD).
Suggested Disposition: Receive and File; Approve/i,044
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COUNCIL MEMBER REPORTS
PUBLIC INPUT
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Pending Litigation and Property Acquisition - Chapter 21.5(1)(c), -(j) Code of Iowa
ADJOURNMENT f
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