12 02 06 Clerk's Skeleton NotesY '.
CITY COUNCIL REGULAR SESSION, DECEMBER 18, 2006
COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN THE LIBRARY AUDITORIUM
PRESENT: MAYOR,~UOL, COUNCIL MEMBERS ~RAIG, CJCINE, CON,l~ORS, JONES,
LYN~H, MICH~tSKI
CITY MANAGER VANiIGIILLIGEN, CITY ATTORNEYILINDAHL
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: Dr. Winston Persaud, Professor of Systematic Theology -
Wartburg Theological Seminary
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CONSENT ITEMS
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1. Minutes and Reports Submitted
Cable TV Teleprogramming Commission of 9/12; City Council of 12/4 and 12/11; Civil
Service Commission of 10/30; Environmental Stewardship Advisory Commission of
11/7; Historic Preservation Commission of 11/16; Library Board of 9/28, 10/16 and
10/26; Zoning Advisory Commission of 12/6; Zoning Board of Adjustment of 11/22
Proof of publication of List of Claims and Summary of Revenues for month ended
October 31, 2006
Printed City Council Proceedings for month of September, 2006
Library Board of Trustees' Update from November 16, 2006 meeting
Suggested Disposition: Receive and File; Approve as Printed
2. Notice of Claims/Suits
Joann Francois for personal injury; Amy J. Kress-Jordan for vehicle damage; Troy
Campers for vehicle damage; Kathryn E. Rupp for vehicle damage
Suggested Disposition: Receive and File; Refer to City Attorney
City Attorney advising that the following claim has been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Communities Assurance Pool: Joan Francois
for personal injury
Suggested Disposition: Receive and File; Concur
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3. East Central Intergovernmental Association
East Central Intergovernmental Association Fiscal Year 2006 Annual Report.
Suggested Disposition: Receive and File
4. 409 Burch Street (Tabled on November 6, 2006)
City Manager recommending that this time be retabled to June 4, 2007.
Suggested Disposition: Receive and File; Table to 6/4/07
5. U.S. Department of Housing and Urban Development
Communication from the U.S. Department of Housing and Urban Development
regarding the City's Consolidated End-of-Year Review -Program Year 2005.
Suggested Disposition: Receive and File
6. Grandview Avenue Section Repair
City Manager recommending acceptance of the Grandview Avenue Section Repair
Project as completed by Horsfield Construction, Inc., in the final contract amount of
$65,973.88.
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RESOLUTION ~ ~C,
Section Repair Project
RESOLUTION J` ~f
Accepting the 2006 Grandview Avenue Concrete
Approving final estimate
Suggested Disposition: Receive and File; Adopt Resolutions
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Custer/Allison-Henderson Sewer and Detention Basin Project
City Manager recommending acceptance of the Custer/Allison-Henderson Sewer and
Detention Basin Project as completed by McDermott Excavating in the final contract
amount of $224,057.14.
RESOLUTION ~ Y~ Accepting the Custer/Allison-Henderson Sewer and
Detention Basin Project
RESOLUTION ~~,.~ Approving final estimate
Suggested Disposition: Receive and File; Adopt Resolutions
Oak Park Place -Acceptance of Public Improvements
City Manager recommending acceptance of the public improvements that the
developer, Oak Park Place of Dubuque, LLC, recently completed in Oak Park Place.
RESOLUTION ~ ~`Y Accepting public improvements in Oak Park Place
Suggested Disposition: Receive and File; Adopt Resolution
Shady Oaks Subdivision
City Manager recommending acceptance of the public improvements that the
developer, Tschiggfrie Excavating Co., has recently completed in Shady Oaks
Subdivision and an adjacent development in Lot 7 of Mt. Carmel Heights.
RESOLUTION J ~J Accepting public improvements in Shady Oaks
Subdivision including an extension into Carmel Heights
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
Connors
Jones
Lynch
Michalski
Braig
Buol
Cline
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10. Contract Termination Agreement -Tricon General Construction, Inc.
City Manager recommending approval of the Termination Agreement for the
Construction Contract between the City of Dubuque, Iowa and Tricon General
Construction for the National Mississippi River Museum and Aquarium Expansion
Project -former Adams Company Building Re-Roof and Structural Repairs and
authorize the City to compensate Tricon for all related expenses incurred in the amount
of $90,583, for which the City will be fully reimbursed by the Dubuque County Historical
Society.
Suggested Disposition: Receive and File; Approve
11. 2006 Sidewalk Assessment Project
City Manager recommending that assessments in the amount of $19,396.36 be levied
against fifteen parcels of property as part of the 2006 Sidewalk Assessment Project.
RESOLUTION ~~~ Adopting the final assessment schedule for the 2006
Sidewalk Assessment Project including certain information required by the Code of
Iowa, specifically, the number of annual installments into which assessments are
divided, the interest on all unpaid installments, the time when the assessments are
payable and directing the Clerk to certify the final schedule and to publish notice thereof
Suggested Disposition: Receive and File; Adopt Resolution
12. Eagle Point Bluff Scaling and Tree Removal Project
City Manager submitting a response to Richard Vorwald's concerns regarding the Eagle
Point Bluff Scaling and Tree Removal Project and recommending that the City proceed
with the project.
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Suggested Disposition: Receive and File ~ ~, ~ ~, ~
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13. Legislative Correspondence
Communication to area legislators requesting their support for continued funding of the
Community Development Block Grant program.
Communication to area legislators requesting their support in restoring the funding cuts that
the Clean Water State Revolving Loan Fund (SRF) has taken in recent years.
Suggested Disposition: Receive and File
14. Delinquent Refuse, Sewer and stormwater Management Accounts
City Manager recommending approval of the submission of the delinquent refuse, sewer
and stormwater management collection accounts to the Dubuque County Treasurer in
order to establish real property liens for collection of such past due accounts.
RESOLUTION ~ ~ Adopting the Schedule of Assessments for
delinquent refuse, sewer and stormwater collection accounts and specifying the number
of annual installments into which assessments are divided, the interest on all unpaid
installments, the time when the assessments are payable and directing the Clerk to
certify the schedule of assessments to the County Treasurer and to publish notice
thereof
Suggested Disposition: Receive and File; Adopt Resolution
15. Tax Increment Financing Report
City Manager submitting the 2006 Annual Tax Increment Financing Report.
Suggested Disposition: Receive and File
Ayes Nays
Connors
Jones
Lynch
Michalski
Braig
Buol
Cline
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16. Federal Priorities
City Manager recommending approval of the City of Dubuque Priorities and Requests
for Federal Appropriations. r~~
Suggested Disposition: Receive and File; Approve (~~'
17. Durrant Group, Inc. J ~ ~Gi ~`
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City Manager recommending approval of the submission of a C mmuni conomic
Betterment Account (CEBA) program application to the Iowa a m nt of Economic
Development on behalf of Durrant Group, Inc. ~,.-~~
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Suggested Disposition: Receive and File; Ap rove (~
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18. Stipulation of Settlement Agreement ~/-`
Notice of Stipulation of Settlement Agreement in the matter of the Hy-Vee Stores, Inc.,
2005 Property Tax Protest and City Attorney recommending that the City receive and
file the Notice of Stipulation.
Suggested Disposition: Receive and File; Approve
19. PEG Access Capital Grant Expenditure
City Manager recommending approval of the recommendation from the Cable TV
Teleprogramming Commission to approve four requests for funding from the Capital
Grant for Access Equipment and Facilities.
Suggested Disposition: Receive and File; Approve
Ayes Nays
Connors
Jones
Lynch
Michalski
Braig
Buol
Cline
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RESOLUTION N0.598-06
A RESOLUTION AUTHORIZING THE FILING OF AN IOWA
DEPARTMENT OF ECONOMIC DEVELOPMENT APPLICATION FOR
FINANCIAL ASSISTANCE ON BEHALF OF DURRANT GROUP, INC.
Whereas, Durrant Group, Inc. has proposed expanding its operations in the Port
of Dubuque in Dubuque, Iowa; and
Whereas, the City Council of Dubuque, Iowa has considered said proposal and
has determined that the proposed project will contribute to the local economy through
the creation of 10 new full-time jobs for area residents; and
Whereas, the Iowa Department of Economic Development's financial assistance
programs are designed to assist in the economic development efforts of local
jurisdictions; and
Whereas, the City of Dubuque, Iowa is eligible to apply for funding from the state's
financial assistance programs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the filing of an Iowa Department of Economic Development
Application for Financial Assistance on behalf of Durrant Group, Inc. is hereby
approved.
Section 2. That the local match identified in the application consisting of a 10-year
TIF rebate is hereby approved, subject to the Iowa Department of Economic
Development's approval of the application.
Section 3. That the Mayor is hereby authorized to execute and the City Manager is
hereby directed to submit said application to the Iowa Department of Economic
Development together with such documents as may be required.
Passed, approved, and adopted this 18th day of December 2006.
Roy D. Buol, Mayor
Attest:
Jeanne Schneider, City Clerk
F:\USERS\AdejonglEnterprise Zone\Durrant Adams Co\Durrant Council Resolution.doc
20. Green Communities Internship Opportunity
City Manager recommending approval of an application to the Iowa Department of
Natural Resources for the City to host a Pollution Prevention Intern Program (P2) intern
to perform environmental assessments at City buildings and facilities.
Suggested Disposition: Receive and File; Approve
21. FCC Notice of Inquiry
City Manager recommending that the City join a coalition of communities to prepare a
stay motion and appeal before the FCC acts to adopt a rule that will most likely have a
very negative effect on the Dubuque Cable Franchise.
Suggested Disposition: Receive and File; Approve
22. Signed Contracts
-- Chaplain Schmitt Memorial Project -Request for Additional Services
-- Pyatigorsk Park Parking Lot Project Change Orders
Suggested Disposition: Receive and File
23. Improvement Contracts /Performance, Payment and Maintenance Bonds
-- US 20 (Devon Drive to Menards) Capacity Improvements Project
-- University Avenue Embankment Stabilization Project
Suggested Disposition: Receive and File
Ayes Nays
Connors
Jones
Lynch
Michalski
Braig
Buol
Cline
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24. Business License Refund
Refund of the Beer and Liquor License for The Bar X, Inc.
Suggested Disposition: Receive and File; Approve Refund
25. Business Licenses
City Manager recommending approval of annual liquor license renewals as submitted.
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RESOLUTION `7'~~` Granting the issuance of one new permit to sell
cigarettes and cigarette papers within the City to Sam's Club #4973
RESOLUTION ~~~ ~ Granting the issuance of a Class "B" Beer Permit to
UAW Local #94 and one Class "C" eer Permit to Hy-Vee #2
RESOLUTION 4-~j ~O Granting the issuance of a Class "B" Liquor License
to Julien Inn; Class "C" Beer/Liquor License to The Moracco, Inc.; Class "B" Wine
Permit to Hy-Vee #2; and Class "WBN" Wine Permit to Engraved Gift Collection
Suggested Disposition: Receive and File; Adopt Resolutions
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Ayes Nays
Connors
Jones
Lynch
Michalski
Braig
Buol
Cline
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ITEMS TO BE SET FOR PUBLIC HEARING
1. Request to Vacate -Unnamed Street Between 640 and 650 Kane Street
RESOLUTION ~~/ ~~ ~Of intent to vacate and dispose of an unnamed
street between 640 and 650 Kane Street in the City of Dubuque, Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
1 /3/07
2. Correction Quit Claim Deed
City Manager recommending that a public hearing be set for January 3, 2007 to
consider a request from Tim Schmit II to vacate and purchase an unnamed street
between 640 and 650 Kane Street.
City Manager recommending approval of the Correction Quit Claim Deed for Lot 22 of
"Glenview", a Subdivision in the City of Dubuque and that a public hearing be set for
January 3, 2007 to consider disposing of the property with the corrected legal
description.
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RESOLUTION o` Of intent to dispose of City interest in Lot 22 of
"Glenview" a Subdivision in the City of Dubuque, Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
1 /3/07
3. Eagle Point Rock Bluff Stabilization Project
City Manager recommending initiation of the public bidding process for the Eagle Point
Rock Bluff Stabilization Proje~and, that a public hearing be set for February 5, 2007.
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RESOLUTION ~ Preliminary approval of plans and specifications
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RESOLUTION ~~~~ Setting date of hearing on plans and specifications
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RESOLUTION ~~ ~ Ordering bids
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
2/5/07
Ayes Nays
Connors
Jones
Lynch
Michalski
Braig
Buol
Cline
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4. Washington Neighborhood Urban Revitalization Area Plan
City Manager recommending that a public hearing be set for February 5, 2007 to
consider adoption of the Washington Neighborhood Urban Revitalization Area Plan
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RESOLUTION ~ Finding that the rehabilitation and conservation o
hereinafter described properties, comprising the Washington Neighborhood Urban
Revitalization Area, is necessary in the interests of the public health, safety and we
of the residents of the City of ~ ~u~
RESOLUTION Acknowledging a proposed plan for the Washin
Neighborhood Urban Revitalization Area, and providing for a public hearing
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
2/5/07
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BOARDS/COMMISSIONS
A ointments to the followin Commission:
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Human Rights Commission (Three 3-year terms through January 1, 2010 -Terms of
Giesen, Jackson and Jarrard)
Applicants: Mary Coan, Shane Oswald, Gretel Winterwood
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PUBLIC HEARINGS
SUSPEND THE RULES
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1. Herrig Voluntary Annexation
Proof of publication on notice of hearing to consider approval of the voluntary
annexation and annexation agreement of John and Sally Jo Herrig and City Manager
recommending approval. ~ ~ ~}
RESOLUTION ~%~~ ;Approving application for voluntary annexation of
territory owned by John W. and Sally Jo Herrig
Su ested Disposition: Receive and File; Adopt Resolution
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2. Dubuque Industrial Center Planned District
Communication from Jennifer A. Clemens-Conlon, representing Dubuque Initiatives,
withdrawing the requested PUD amendment in the Dubuque Industrial Center Planned
District.
Proof of publication on notice of hearing to consider a request from Dubuque Initiatives,
Horsfield Company/Aaron DeJong, Economic Development Department to amend the
Dubuque Industrial Center Planned District to add landscaping requirements and
Zoning Advisory Commis ion recommending denial.
ORDINANCE Amending Appendix A (the Zoning Ordinance) of the
City of Dubuque o e f Ordinances by adopting a revised Planned Unit Development
Ordinance for the Dubuque Industrial Center Phases I and II located at the southwest
corner of Highway 32 (Northwest Arterial) and Chavenelle Road and by repealing
Ordinance 34-06
Suggested Disposition: Receive and File; Accept Withdrawal; Concur with
Denial; or Motion B/Motion A (Super Majority Vote Necessary)
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3. 1331 Rockdale Road -Request to Rezone
Proof of publication on notice of hearing to consider rezoning property located at 1331
Rockdale Road from R-2 Two-Family Residential District to R-1 Single-Family
Residential District as requested by David Hartig/Gary Heiar and Zoning Advisory
Commission recommending approval.
ORDINANCE ~ 7 Amending Appendix A (the Zoning Ordinance) of the
City of Dubuque Code of Ordinances by reclassifying hereinafter described property
located at 1331 Rockdale Road Street from R-2 Two-Family Residential District to R-1
Single-Family Residential District
Suggested Disposition: Receive and File; Motion B; Motion A
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4. Child Care Resource and Referral -Request for Text Amendment
ORDINANCE ~ ~ Amending Appendix A (the Zoning Ordinance) of the
Proof of publication on notice of hearing to consider amending the Zoning Ordinance
regulations regarding daycare to be consistent with State of Iowa regulations as
requested by Cherie Kennedy/Child Care Resource and Referral and Zoning Advisory
Commission recommending approval.
City of Dubuque Code of Ordinances by adding child care as an accessory use in the R-
1Single-Family, R-2 Two-Family, R-2A Alternate Two-Family, R-3 Moderate Density
Multi-Family, R-4 Multi-Family and OR Office Residential Districts
ORDINANCE 7 ~ Amending Appendix A (the Zoning Ordinance) of the
City of Dubuque Code of Ordinances Section 4-7.2, Permitted Home Occupations,
deleting day care home as a permitted home occupation
ORDINANCE ~~ Amending Appendix A (the Zoning Ordinance) of the
City of Dubuque Code of Ordinances by adding a new definition to Section 8 to define
child care and licensed child care centers and delete the definition for day care home
and group day care center
ORDINANCE ~ ~ Amending Appendix A (the Zoning Ordinance) of the
City of Dubuque Code of Ordinances by amending Group Day Care to Licensed Child
Care Center, and amending the floor area requirements to reflect State Of Iowa
regulations in the R-1 Single-Family, R-2 Two Family, R-2A Alternate Two-Family, R-3
Moderate Density Multi-Family, R-4 Multi-Family, OR Office Residential, OS Office
Service, OC Office Commercial, C-2 Neighborhood Shopping Center, C-3 General
Commercial, C-4 Downtown Commercial, C-5 Central Business, LI Light Industrial, MHI
Modified Heavy Industrial, and HI Heavy Industrial Districts.
Suggested Disposition: Receive and File; Motion B; Motion A ~~'~'' ~,
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5. Code of Ordinances
Proof of publication on notice of hearing to consider adoption of a revised Code of
Ordinances and City Manager recommending approval upon completion of a thirty day
review period.
Suggested Disposition: Receive and File; Approve
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REINSTATE THE RULES
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ACTION ITEMS
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1. Dubuque County Historical Society
City Manager recommending approval to open negotiations with the Dubuque County
Historical Society to commit to building a 750-car parking ramp in the Port of Dubuque
by 2010 and space for the building of a large format theater and to send a letter to the
Vision Iowa Board.
Suggested Disposition: Receive and File; Approve
Ayes Nays
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2. Public Nuisance Tax Sales
Suggested Disposition: Receive and File; Approve
City Manager recommending approval to request the Dubuque County Board of
Supervisors adopt an ordinance authorizing the County Treasurer to sell at annual tax
sale delinquent taxes on parcels that are abandoned property and that are or may
become a public nuisance.
Aye Nays
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3. AmeriCorps Application
City Manager recommending approval of the submission of an application to the
Corporation for National and Community Service for Partners in Learning AmeriCorps
Program funding.
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RESOLUTION Approving an application to the Corporation for
National and Community Service for AmeriCorps Program funding.
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Suggested Disposition: Receive and File; Ap~ve ~ ,~~'
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4. Purchase of Property - 346 East 19th Street
Cit~ Manager recommending approval of the purchase of propert
19t Street for the purpose of demolition as part of the Washingto
revitalization effort.
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RESOLUTION ~~~ Approving the acquisition o
346 East 19th Street in the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
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5. Purchase of Property -141 East 11th Street
Cit~r Manager recommending approval of the purchase of property located at 141 East
11t Street for the purpose of demolition as part of the Washington neighborhood
revitalization effort.
RESOLUTION C,~ ~ l Approving the acquisition of real estate located at
141 East 11th Street in the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
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6. Annexation Study
City Manager recommending approval for staff to contact the property owners in the six J
primary areas identified in the Annexation Study Update to gauge their interest in ~ ,r '
voluntary annexation. ~ A,%~
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Suggested Disposition: Receroe and File; Approve ~ }' r,"~~ ,~;
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7. National League of Cities
Plaque from the National League of Cities honoring the City of Dubuque's participation
for the past fifty years.
Suggested Disposition: Receive and File
Aye Nays
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COUNCIL MEMBER REPORTS
PUBLIC INPUT
At this time, anyone in the Council Chambers may address the Council on matters which are of
concern to that person and which are not an agenda item. Please take your place at the
microphone and state your name and address clearly. Proceed with your comments; however,
no formal action may be taken at this time on your comments because of the notice
requirements of the Iowa Open Meetings Law.
CLOSED SESSION
Pending Litigation and Property Acquisition -Chapter 21.5(1)(c)(j) 2005 Code of Iowa
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Motion to go into Closed Session at
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/ Cline
Motion to adjourn at
~` ~!~
Ayes Nays
Connors
Jones
Lynch
Michalski
Braig
Buol
Cline
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25