10 20 14 Clerk's Skeleton Notes and Meeting CallsCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
The Dubuque City Council met in special session at 6:00 p.m. on October 20, 2014 in
the Historic Federal Building, 350 W. 6th Street.
Present: Mayor <o;1; Council Members Braig, Connors, JotYes, L ch, Re nick,
Sutton; City Manager Vn Milligen, City Attorney Lindahl
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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 Closed Session regarding pending litigation and
property acquisition — Chapter 21.5(1)(c), -(j) Code of Iowa
CLOSED SESSION
Pending Litigation and Property Acquisition — Chapter 21.5(1)(C), -(J) Code of Iowa
Closed Session
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Reconvened
Adjournment
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CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:30 p.m. on October 20, 2014 in
the Historic Federal Building, 350 W. 6t Street.����.�
/Present: Mayor 'B/L; Council Members B"raig, Coati s, J es, L ch, Res`fiick,
t utton; City Manager an Milligen, City Attorney Lindahl
Mayor Buol read the call and stated this is a regular session of the City Council called
for the purpose of conducting such business that may properly come before the City
Council.
197147
LEDGE OF ALLEGIANCE
PROCLAMATION(S)
1. Keeping the Lights on Afterschool Day (October 23, 2014) was accepted by
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2. Andrew Connolly Make a Difference Day (October 25, 2014) was accepted by
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CONSENT ITEMS
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1. Minutes and Reports Submitted
City Council proceeding of 10/2, 10/6; Human Rights Commission of 9/8; Library Board
of Trustees of 8/28; Library Board of Trustees Update of 9/25; Sister City Advisory
Commission of 9/24; Zoning Advisory Commission of 10/1; Proof of Publication for City
Council proceedings of 9/15; Proof of Publication for List of Claims and Summary of
Revenues Month Ending 8/31
Suggested Disposition: Receive and File
2. 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: June Crimmins
for property damage, Kelly Davis for vehicle damage, Stephen Launspach for property
damage
Suggested Disposition: Receive and File; Concur
3. Notice of Claims and Suits
June Crimmins for property damage, Kelly Davis for vehicle damage; Stephen
Launspach for property damage; City of Dubuque vs. Michael Dennison, et al
Suggested Disposition: Receive and File; Refer to City Attorney
4. Sustainable Dubuque Quarterly Report
City Manager transmitting the Sustainable Dubuque Quarterly Report for September
2014.
Suggested Disposition: Receive and File
5. Sustainable Dubuque Community Grant Recommendations
City Manager recommending approval of the quarterly Sustainable Dubuque
Community grant applications.
Suggested Disposition: Receive and File; Approve
3
Yays
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Sutton
Braig
Buol
Connors
Jones
Lynch
Resnick
6. Overview of Climate Change Impacts in the United States
City Manager transmitting information about the National Climate Assessment from the
U.S. Global Change Research Program
Suggested Disposition: Receive and File
7. Final Plat for Steger Heights No. 2
Zoning Advisory Commission recommending approval of the Final Plat for Steger
Heights No. 2 subject to waiving the lot frontage requirement for Lots 1, 3 and 4.
RESOLUTION 322-14 Approving the Final Plat Steger Heights Plat 2 in the City of
Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
8. WBBW Holliday Development Stormwater Fee Agreement Assignment to SJCG
Properties
City Manager recommending approval of the Assignment of Stormwater Facilities Fee
Agreement assigning WBBW Holliday Development, LLC's interest in Lot 2 of Holliday
6th Addition, and Lot 1 of Lot 6 of Holliday 3rd Addition to the purchaser of that property,
SJCG Properties, LLC.
Suggested Disposition: Receive and File; Approve
9. Iowa Economic Development Authority (IEDA) - Community Energy
Management Program Agreement
City Manager recommending approval for executing the City Energy Management
Program Agreement.
Suggested Disposition: Receive and File; Approve
4
Yays
Nays
Sutton
Braig
Buol
Connors
Jones
Lynch
Resnick
10. Multicultural Family Center Phase II Renovation
City Manager recommending approval of the execution of a Professional Services
Agreement between the City of Dubuque and Selser Schaefer Architects for design and
construction administration services for the Multicultural Family Center —Phase II
Renovation Project.
Suggested Disposition: Receive and File; Approve
11. Property Acquisition - 610 Wilbur Street
City Manager recommending approval to purchase the property at 610 Wilbur Street
owned by Brian and Cynthia Harker for the removal of deteriorating retaining walls on
the property and stabilization of the bluff embankment to allow for the reconstruction of
Wilbur Street so that it can be reopened to vehicular traffic.
RESOLUTION 323-14 Approving the acquisition of real estate owned by Brian and
Cynthia Harker in the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution(s)
12. Property Acquisition - 215 Cousins Road (SW Arterial Project)
City Manager recommending acceptance of the Warranty Deed to the property at 215
Cousins Road in connection with the Southwest Arterial Project.
RESOLUTION 324-14 Accepting the deed to certain real estate in Dubuque County,
Iowa from Thomas a. Pfeiffer and Charlotte K. Pfeiffer
Suggested Disposition: Receive and File; Adopt Resolution(s)
13. Property Acquisition - 103 Cousins Road (SW Arterial Project)
City Manager recommending acceptance of the Warranty Deed to the property at 103
Cousins Road in connection with the Southwest Arterial Project.
RESOLUTION 325-14 Accepting the deed to certain real estate in Dubuque County,
Iowa from Dennis H. Kollars and Susan A. Kollars
Suggested Disposition: Receive and File; Adopt Resolution(s)
5
Yays
Nays
Sutton
Braig
Buol
Connors
Jones
Lynch
Resnick
14. Property Acquisition - 121 Cousins Road (SW Arterial Project)
City Manager recommending Council acceptance of the Warranty Deed to the property
at 121 Cousins Road in connection with the Southwest Arterial Project.
RESOLUTION 326-14 Accepting the deed to certain real estate in Dubuque County,
Iowa from Arthur D. Rokusek and Karen K. Rokusek
Suggested Disposition: Receive and File; Adopt Resolution(s)
15. GNZ Property Tax Appeals
City Attorney advising that the petitioners for the GNZ Properties and Housing
Cooperative have withdrawn their property tax appeals.
Suggested Disposition: Receive and File
16. Kunkel & Associates, Inc. Urban Revitalization Area
City Manager recommending approval of a Resolution of Finding for the Kunkel &
Associates property in the Dubuque Technology Park.
RESOLUTION 327-14 Urban Revitalization Resolution of Finding that the
Rehabilitation, Conservation, Redevelopment, Economic Development, or a
combination thereof of Lot 6 Block 2 of Dubuque Technology Park in the City of
Dubuque, Iowa is necessary in the interest of public health, safety, or welfare of the
residents of the City
Suggested Disposition: Receive and File; Adopt Resolution(s)
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Yays
Nays
Sutton
Braig
Buol
Connors
Jones
Lynch
Resnick
17. Linseed Oil, LLC - Collateral Assignments to Merrimac and Betty Building,
LLC
City Manager recommending approval of collateral assignments of both the
Development Agreement and the Community Development Block Grant (CDBG)
Subrecipient Agreement for the Linseed Oil Building project to Dubuque Bank & Trust.
RESOLUTION 328-14 Approving Collateral Assignment of Development Agreement
and Collateral Assignment of Subrecipient Agreement related to rehabilitation of the
former Linseed Oil Building
Suggested Disposition: Receive and File; Adopt Resolution(s)
18. Mediacom Communications Company
Correspondence from Mediacom Communications Company advising the City of
programming changes on or about November 9, 2014.
Suggested Disposition: Receive and File
19. Signed Contract(s)
Agreement with the Red Cross for Emergency Shelters; Dubuque Intermodal
Transportation Center Change Order #1 (Parts I & II)
Suggested Disposition: Receive and File
20. Improvement Contracts / Performance, Payment and Maintenance Bonds
Drew Cook and Sons Excavating, Inc., for the SRF Green Alley Project Bid Set 2 - Year
2
Suggested Disposition: Receive and File; Approve
21. Alcohol Compliance Civil Penalty for Alcohol License Holders — Extreme Pub
City Manager recommending approval of the Acknowledgment/Settlement Agreement
for an alcohol compliance violation for Exxtreme Pub, 1701 Central Ayenue.
Suggested Disposition: Receive and File; Approve
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Yays
Nays
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Braig
Buol
Connors
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22. Alcohol Compliance Civil Penalty for Alcohol License Holders — Knicker's
Saloon
City Manager recommending approval of the Acknowledgment/Settlement Agreement
for an alcohol compliance violation for Knicker's Saloon, 2186 Central Avenue.
Suggested Disposition: Receive and File; Approve
23. Alcohol and Tobacco License Applications
City Manager recommending approval of annual liquor, beer, wine and tobacco licenses
applications as submitted.
RESOLUTION 329-14 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
RESOLUTION 330-14 Approving applications for retail cigarette/tobacco sales permits,
as required by Iowa Code 453A.47A
Suggested Disposition: Receive and File; Adopt Resolution(s)
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ITEMS SET FOR PUBLIC HEARING
1. North Cascade Road Area - Housing Urban Renewal Plan December 1, 2014
2. Taxable General Obligation Capital Loan Notes Series 2014C
3. Tax -Exempt General Obligation Bonds Series 2014B
4. Taxable General Obligation Bonds, Series 2014C
5. Tax -Exempt General Obligation Bonds, Series 2014B
November, 3 2014
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1. North Cascade Road Area - Housing Urban Renewal Plan
City Manager recommending approval of a Resolution of Necessity that finds that a
Housing Urban Renewal Plan for the North Cascade Road Area is both necessary and
appropriate, and sets a public hearing on the proposed amendment for December 1,
2014.
RESOLUTION 331-14 Resolution of Necessity finding that certain property along North
Cascade Road is an Economic Development Area and that the Development of said
Area is necessary in the interest of the residents of the City of Dubuque
Receive and File; Adopt Resolution(s), Set Public Hearing for 12/1/14
2. Taxable General Obligation Capital Loan Notes (Urban Renewal and Parking),
Series 2014C
City Manager recommending that a public hearing be set for November 3, 2014, on the
proposition of selling not to exceed $8,625,000 in Taxable General Obligation Bonds.
RESOLUTION 332-14 Fixing date for a meeting on the authorization of a Loan
Agreement and the issuance of not to exceed $8,265,000 General Obligation Capital
Loan Notes, Series 2014, of the City of Dubuque, State Of Iowa, and providing for
publication of notice thereof
Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for
11/3/14
3. Tax -Exempt General Obligation Bonds Series 2014B
City Manager recommending that a public hearing be set for November 3, 2014, on the
9
proposition of selling not to exceed $18,335,000 in Tax -Exempt General Obligation
Bonds.
RESOLUTION 333-14 Fixing date for a meeting on the authorization of a Loan
Agreement and the issuance of not to exceed $18,335,000 General Obligation Capital
Loan Notes, Series 2014, of the City of Dubuque, State of Iowa, and providing for
publication of notice thereof
Suggested Disposition: Receive and File, Adopt Resolution(s), Set Public Hearing for
11/3/14
4. Taxable General Obligation Bonds, Series 2014C
City Manager recommending that a public hearing be set for November 3, 2014, on the
proposition of selling not to exceed $500,000 in Taxable General Obligation Bonds.
RESOLUTION 334-14 Fixing date for a meeting on the authorization of a Loan
Agreement and the issuance of not to exceed $500,000 General Obligation Capital
Loan Notes, Series 2014, (for General Corporate Purposes) of the City of Dubuque,
State of Iowa, and providing for publication of notice thereof
Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for
11/3/14
5. Tax -Exempt General Obligation Bonds, Series 2014B
City Manager recommending that a public hearing be set for November 3, 2014, on the
proposition of selling not to exceed $575,000 in Tax -Exempt General Obligation Bonds.
RESOLUTION 335-14 Fixing date for a meeting on the authorization of a Loan
Agreement and the issuance of not to exceed $575,000 General Obligation Capital
Loan Notes, Series 2014, (for General Corporate Purposes) of the City of Dubuque,
State of Iowa, and providing for publication of notice thereof
Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for
11/3/14
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BOARDS/COMMISSIONS
1. Appointments of Applicant(s)
Appointments to the following commissions to be made at this meeting:
Community Development Advisory Commission: One, 3 year term through February
15, 2016 (Vacant term of Corken). Applicant: Michelle Hinke, 973 Patricia Ann Dr.
Yays.
Nays
Sutton
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Connors
Jones
Lynch
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Environmental Stewardship Advisory Commission: One, 3 year term through
October 1, 2017 (Vacant term of Bergum), Applicant: Lalith Jayawickrama, 2360 Cherry
St
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Nays
Sutton
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Braig
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Jones
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PUBLIC HEARINGS
SUSPEND THE RULES
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1. Request for Planned Commercial District Amendment - Theisen's
Proof of publication on notice of public hearing to consider a request by Theisen's / STP
Holdings / Tony Theisen to amend the Theisen's PC Planned Commercial District sign
regulations at 2900 Dodge Street and the Zoning Advisory Commission recommending
approval.
ORDINANCE 61-14 Amending Title 16 the Unified Development Code of the City of
Dubuque Code of Ordinances, by Amending Ordinance 35-03 which established
regulations for a PUD Planned Unit Development District with a PC Planned
Commercial Designation for Theisen's and now being amended to allow for new
signage
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
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Sutton
Braig
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Buol
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Connors
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Jones
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Lynch
Resnick
Final Reading and Adopt
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Nays
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Buol
Connors
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2. Request to Rezone 2663 Roosevelt Street
Proof of publication on notice of public hearing to consider a request by Leonard & Jody
Koopman to rezone property located at 2663 Roosevelt Street from R-1 Single Family
Residential to AG Agriculture to permit Row Crops, Orchards and Livestock and the
Zoning Advisory Commission recommending approval.
ORDINANCE 62-14 Amending Title 16 of the City of Dubuque Code of Ordinances,
Unified Development Code, by reclassifying hereinafter described property located at
2663 Roosevelt from R=1 Single -Family Residential District to AG Agricultural District
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
Yays
Nays
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Final Reading and Adopt
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3. Request to Rezone 815 Rose Street
Proof of publication on notice of public hearing to consider a request by B.M. Properties
/ Brandon Merrick to rezone property located at 815 Rose Street from R-2 Two Family
Residential to R-3 Moderate Density Multi Family Residential to permit the addition of a
dwelling unit to an existing 5-plex and the Zoning Advisory Commission recommending
approval with conditions.
ORDINANCE 63-14 Amending Title 16 of the City of Dubuque Code of Ordinances,
Unified Development Code, by reclassifying hereinafter described property located at
815 Rose Street from R-2 Two -Family Residential District to R-3 Moderate Density
Multi -Family Residential District with conditions as established in the attached
Memorandum of Agreement
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
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Nays
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Final Reading and Adopt
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4. Linseed Oil�Building - Amendment to Development Agreement
Proof of publication on notice of public hearing to consider amending the Development
Agreement with Wilmac Property Company for the property located at 151 East 9th
Street and the City Manager recommending approval.
RESOLUTION 336-14 Approving the First Amendment to the Development Agreement
between the City of Dubuque, Iowa, and Betty Building, LLC
Suggested Disposition: Receive and File; Adopt Resolution(s)
Yays
Nays
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Sutton
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REINSTATE THE RULES
This action limits discussion to the City Council
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ACTION ITEMS
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1. Greater Dubuque Development Corporation - Quarterly Update
President and CEO Rick Dickinson to present the quarterly update on the activities of
the Greater Dubuque Development Corporation.
Suggested Disposition: Receive and File; Presentation
Yays
Nays
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Sutton
Braig
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2. English Mill Water Main Extension Project Award (Tabled from October 2, 2014)
City Manager to make a final recommendation on the award of the English Mill Water
Main Extension Project.
REcnL�-Ta.Nwarding public improvement contract for the English Mill Water
Main Extension Project (CIP 740-2504)
Suggested Disposition: Remove From Table; Receive a d File, City Manager
Remove from Table
Yays
Yays
Nays
Nays
Sutton
Sutton
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Braig
Braig
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Buol
Buol
Connors
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Jones
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3. English Mill Road Pumping Facility Project Award (Tabled from October 2,
2014)
City Manager to make a final recommendation on the English Mill Road Pumping
Facility Project Award.
RESOLUTION 339-14 Awarding public improvement contract for the English Mill Road
Pumping Facility Project (CIP 740-2504)
Suggested Disposition: Remove From Table; Receive nd, 'ile, City Manager
Remove from Table
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Nays
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4. Upper Bee Branch Creek Restoration Project - 429 Rhomberg Avenue
Stabilization Project Award
City Manager recommending award of the contract for the 429 Rhomberg Stabilization
Project to the low bidder R&W Restoration, LLC.
RESOLUTION 337-14 Awarding public improvement contract for the 424 Rhomberg
Stabilization Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
Yays
Nays
Sutton
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5. Environmental Stewardship Advisory Commission - Retail Plastic Bag
Elimination
Correspondence from the Environmental Stewardship Advisory Commission requesting
additional action on implementing the retail plastic bag reduction plan.
Suggested Disposition: Receive and File; Counci
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6. Code of Ordinances Amendment - Title 9 Speed Limit Reduction ,./
City Manager recommending approval of an amendment to City Ordinance 9-7-321.285
to reduce the speed limit from 35 mph to 25 mph on Kerper Boulevard from Pine Street
to 11th Street.
ORDINANCE 64-14 Amending City of Dubuque Code of Ordinances Title 9 Motor
Vehicles and Traffic, Chapter 7 Operation, Division 5 Speed Restrictions, Section 9-7-
321.285 Limits Generally by amending the speed limit for a portion of Kerper Boulevard
from 35 M.P.H. to 25 M.P.H.
Suggested Disposition: Receive and File; Motion A, Motion B
Suspend the Readings
Yays
Nays
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Final Reading and Adopt
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21
7. Request for Work Session - Dubuque Metropolitan Area Solid Waste Agency
City Manager requesting that the City Council schedule a work session for Monday,
November 3 at 5:30 p.m. regarding the Dubuque Metropolitan Area Solid Waste
Agency's overview of current Agency operations, plans for the future, and need to
borrow monies for upcoming capital projects.
Suggested Disposition: Receive and File; Council
Yays
Nays
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8. Request for Work Session - Sustainable Dubuque Quarterly Work Session
City Manager requesting that the City Council set the quarterly Sustainable Dubuque
Work Session for Monday, December 1, at 5:00 p.m
Suggested Disposition: Receive and File; Council
Yays
Nays
Sutton
Braig
Buol
Connors
Jones
Lynch
Resnick.
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9. National League of Cities Voting Delegates
Correspondence from the National League of Cities requesting that the City designate a
voting delegate and alternate National League of Cities Annual Business meeting on
November 22, 2014.
Suggested Disposition: Receive and File; Council
Yays
Nays
Sutton
Braig
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Buol
Connors
Jones
Lynch
Resnick
07 "92171-
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COUNCIL MEMBER REPORTS (r W
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PUBLIC INPUT
CL SED SESSION .m.
Pending Litigation and Propertty,A'cquisition - Chapter 21.5(1)(c), -(j) Code of Iowa
Yays
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Connors
Jones
Lynch
Resnick
ADJOURNMENT: 7/Zt p.m.
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Nays
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TO: Kevin S. Firnstahl, City Clerk
You are hereby directed to call a Regular Session of the City Council to be
held on Monday, October 20, 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 1-3
04
oy 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 October 20, 2014 at 6:00 PM, in the Historic Federal Building for the
purpose of conducting a Closed Session regarding pending litigation and
property acquisition pursuant to Chapter 21.5(1)(c), -(j) Code of Iowa.
oy D. Buol, Mayor