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10 15 07 Clerk's Skeleton NotesCITY COUNCIL REGULAR SESSION, OCTOBER 15, 2007 COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN THE HISTORIC FEDERAL BUILDING PRES~T: MAYOR BUOL, COUNCIL MEMBERS I~tAIG, CLJINE, COMNORS, J~NES, LYNCIH, MICH~LSKI ' CITY MANAGER VAN A/IILLIGEN; CITY ATTORNEY~LINDAHL ABSENT: PLEDGE OF ALLEGIANCE INVOCATION: Pastor Christopher English, Third Presbyterian Church PROCLAMATIONS ,ri/r~'~ ~~~} Toastmasters Day (October 22, 2007) ~ ~ ~' ~!~~~~ %~,,~~' ~ ~,~~ ` ' i ~~~ r.~ Veterans Appreciation Day (October 31, 2007) T~ ~ ~,~-'-- ~ Disability Employment Awareness Month (October, 2007) ~ G Be a Santa to a Senior Month (November, 2007) ~- ,/~ : ~ Save for Retirement Week (October 21 - 27, 2007) ` PRESENTATION: Presentation of Gift fr m the Mayor of Handan to the Mayor of Dubuque J ~/~ ~~ ' ( ~ ~ ~" ~~`~~ ~ ~ ~ F J~ /~' ~ ~ ~ ~' ~~'' ~~ ~~ ~ „ ~~~ ~ ;~ ~,~°~ ~ , r ~, ~ ~~ ~ <. ll. \~ ~~i il C ~~ TP ~/r i. J ~,,`. I~l~ ~,c r~~ ~~ ~~a~ ~ ~~ ~ ,~ ~~,r'~~ ~ CONSENT ITEMS A~s Nays , Michalski (~ Braig `t Buol ` % line /- Connors ` ~ ones / ynch 1. Minutes and Reports Submitted City Council of 10/1 and 10/8; Civil Service Commission of 9/11 and 9/17; Historic Preservation Commission of 9/20; Human Rights Commission of 9/4 and 9/10; Transit Trustee Board of 9/13; Zoning Advisory Commission of 10/3; Zoning Board of Adjustment of 9/27 Proof of publication of City Council Proceedings of September 17 and 19, 2007 and List of Claims and Summary of Revenues for month ending August 31, 2007 Suggested Disposition: Receive and File 2. Notice of Claims/Suits Kurt Becker for animal injury; Tina L. Cantu for vehicle damage; Agnes M. Decker for property damage; Neil Kelley for property damage; HSBC Mortgage Services, Inc. vs. Daniel C. Kalloway, City of Dubuque, et al; Jonathan Barz for property damage; Rhonda Gassman for vehicle damage; Leonard Diederichs for property damage; Pearl Dubler for property damage 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: Neil E. Kelley for property damage; Agnes M. Decker for property damage; Pearl L. Dubler for property damage; Leonard Diederichs for property damage; Jonathan Barz for property damage; Rhonda Gassman for property damage City Attorney recommending approval of the claim of Tina Cantu for vehicle damage. Suggested Disposition: Receive and File; Concur; Finance to Issue Payment • 2 • 3. Contract for the Eagle Point Bluff Tree Removal and Stabilization Project City Manager recommending award of the contract for the Eagle Point Bluff Tree Removal and Stabilization Project to Hi-Tech Rockfall Construction, Inc. in the amount of $100, 300.00. Suggested Disposition: Receive and File; Approve 4. North Fork Catfish Creek Interceptor Sewer Project City Manager recommending authorization to submit an application for FEMA Hazard Mitigation Grant Program funds for the sanitary sewer improvements associated with the North Fork Catfish Creek Sanitary and Stormwater Drainage Improvements Project. RESOLUTION ~~~~ Authorizing the submission of an application for Hazard Mitigation Grant Program funds for the sanitary sewer improvements association with the North Fork Catfish Creek Sanitary and Stormwater Drainage Improvements Project Suggested Disposition: Receive and File; Adopt Resolution • • 5. Iowa Department of Public Health (IDPH) Childhood Lead Poisoning Funding City Manager recommending execution of a contract with the Dubuque County Board of Health for continued funding of the Childhood Lead Poisoning Prevention Program (CLPPP) and a renewed agreement with the Visiting Nurse Association (VNA) for services related to the CLPPP. Suggested Disposition: Receive and File; Approve / ~ ~~ ^ ~~ ~~ ~~ Aye Nays N ~~" ~. ~~~ ~y' ~ ichalski ~~ ~~~ ~ / raig lr,,~ ~N A~,~ ')U' ~~~ ~} Buol ~° J,I ~y~~ ~~ line ~- ~ ~ Connors ,~ ~ ones ~~! ./ L nch ~~~ y ~ ,~. r ~~ ~ ~ ~' U ~~". t, G~ /~ ~~ y~ J J - ~~~ , d 3 /~~ ~,J ~ fyA/~ / Id,/~ 4 I /" V.! • • 6. 7. 8. 9. Isaac Hanna Subdivision -Final Plat Zoning Advisory Commission recommending approval of the final plat of Isaac Hanna Subdivision as requested by Isaac Hanna, LLC /George Isaac. RESOLUTION J ~ the City of Dubuque, Iowa Approving the final plat of Isaac Hanna Subdivision in Suggested Disposition: Receive and File; Adopt Resolution Fifth and White Streets -Plat of Survey Zoning Advisory Commission recommending approval of the Plat of Survey of Fifth and White Streets as requested by the City of Dubuque. RESOLUTION ~~~ Approving the Plat of Survey of Lot 1-1 and Lot 2-1 of apart of Lot 1 of Milwaukee Industrial Tract No. 1 Suggested Disposition: Receive and File; Adopt Resolution Claussen Place -Plat of Plat Zoning Advisory Commission recommending approval of the Plat of Survey of Claussen Place located north of the Lenox Street /Pennsylvania Avenue intersection as requested by William Burger /Paul and Cathleen Claussen. RESOLUTION ~~~J Approving the Plat of Survey of Claussen Place Suggested Disposition: Receive and File; Adopt Resolution Tax Appeal -Notice of Voluntary Settlement Corporation Counsel submitting a Notice of Voluntary Settlement and Stipulation of Settlement of a tax assessment appeal by Kathryn Dean. Suggested Disposition: Receive and File; Approve Ayes Nays Michalski Braig Buol Cline Connors Jones Lynch • 4 10. Giese Properties, LLC Communication from Brian J. Kane, Counsel for Giese Properties, LLC, advising that the Giese Properties, LLC have complied with the provisions of the March 4, 2002 Development Agreement and requesting written acknowledgement thereof from the City. Suggested Disposition: Receive and File; Refer to City Manager 11. Purchase of Property at Entrance to Eagle Point Park City Manager recommending approval of a purchase agreement for a piece of property at the entrance to Eagle Point Park. Suggested Disposition: Receive and File; Approve 12. Delta Queen Communication from David Tschiggfrie, 2723 Shetland Court, requesting City Council urge Congress to provide for the permanent exemption of the steamer Delta Queen from the provisions of the Safety of Life at Sea Act of 1966. Suggested Disposition: Receive and File; Refer to City Manager 13. 1552 Maple Street -Purchase of Property City Manager recommending approval of the purchase of a residential dwelling located at 1552 Maple Street, as part of the acquisition program associated with the Bee Branch Creek Restoration Project. RESOLUTION ~~~ Approving the acquisition of real estate located at 1552 Maple Street in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution ~f~ Aye Nays Michalski .~j Braig Buol ,~ Cline -~ Connors Tones -/Lynch • ~~ ~~V ;~ ~~~ ru 5 14. America's River Festival Funding City Manager recommending approval of a contribution of $12,500 to the 2007 America's River Festival. Suggested Disposition: Receive and File; Approve 15. Passenger Rail Service Communication from the Historic Preservation Commission in support of the Envision 2010 initiative of passenger rail service between Dubuque and Chicago, Illinois. Suggested Disposition: Receive and File 17. Iowa Department of Transportation Notification from the Iowa Department of Transportation advising that the DOT proposes to let a steel girder repair project for the bridge that carries Grandview Avenue over US 52 within the City of Dubuque. Suggested Disposition: Receive and File 18. Medical Claims Audit and Operational Review Services City Manager recommending approval of an agreement between the City of Dubuque and Fairfield and Associates for medical claims audit and operational review services. Suggested Disposition: Receive and File; Approve 19. Municipal Ramp Hourly Rates City Manager recommending approval of rate adjustments in the municipal parking ramps which are now possible with the installation of the new parking equipment. Suggested Disposition: Receive and File; Approve Ayes Nays Michalski Braig Buol Cline Connors Jones Lynch • 6 20. Improvement Contracts /Performance, Payment and Maintenance Bonds RESOLUTION ~~~ Approving public improvement contracts and bonds -- 2007 Sewer CIPP Lining Project -- Clear Well Renovation Project Suggested Disposition: Receive and File; Adopt Resolution 21. Business Licenses City Manager recommending approval of annual liquor license renewals as submitted. RESOLUTION Jam/ r~ Granting the issuance of a Class B Beer Permit to Happy Joe's Pizza; and Class C Beer Permit to Big 10 Mart, Puff n Snuff, and Aldi, Inc. RESOLUTION ~lJ~ Granting the issuance of a Class C Beer/Liquor License to Rainbow Lounge, The Grand Tap, Fountain Park Event Center, Joey's Seafood & Grill, Dog House Lounge, Europa Haus Restaurant, and Channel Inn; Special Class C Liquor License to Cafe Manna Java and Grape Harbor; and Class B Wine Permit to Aldi, Inc. Suggested Disposition: Receive and File; Adopt Resolutions • • 7 BOARDS/COMMISSIONS Applicants are invited to address the City Council regarding their desire to serve on the following Boards/Commissions; applicant appointments will be made at the next City Council meeting. Housing Advisory Trust Fund One 3-year at-large term through August 8, 2010 -Term of Walsh Applicant: John Walsh Appointments to the following Boards/Commissions: Building Code Board of Appeals: One 3-year at-large expired term through August 8, 2008 -Term of Gudenkauf Applicant: Ronald Jahns • • ,Aye Nays Michalski ~ Braig Buol line / -~ onnors h - Jones /t Lynch 8 PUBLIC HEARINGS • Citizens are invited to address the City Council regarding the following agenda items. Please come to the podium and state your name and address when the item you wish to speak to is being considered. SUSPEND THE RULES /dye Nays ~/ ~ Michalski Braig Buol /, ~j~Cline ~j 1.~~ Connors / Jones Lynch 1. English Ridge Subdivision -Request to Rezone Proof of publication on notice of hearing to consider rezoning property located east of Stone Valley Drive on the west side of English Mill Road from C-3 General Commercial District to R-1 Single-Family Residential District as requested by Larry McDermott / English Ridge LLC, and Zoning Advisory Commission recommending approval. ORDINANCE ~"~/ Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located east of Stone Valley Drive from C-3 General Commercial District to R-1 Single-Family Residential District Suggested Disposition: Receive and File; First Reading or Motion B; Motion A Ayes Nays ~„l /) ~ ichalski p~~' ~~j~ ~ i L/ ~ raig ,U ~ -~ Buol ~ ~ ti, Cline ~ /t 1 Connors ~ ~ ~ ~ '~~ Jones l Lynch ~ ~~ ~ /~ .' y~ ~~ ~~ ~a tt~~ ~~ ~ ~ ~ !{•N V ~r / ~ Q~~ /J ,U ~~~ L ~~ ~~ ~ g l-~ ,' k~'~ ~-~ -~ . ~~ . ~i ~~~ ~ _, r ~/ ~1 ~f ~~ ~ _/ ~~ , ,~ ,~~ ~` ~ ~ ~ ~`~, r ~ ° ~ ~~ ~~ ~ ~~ ,,~4~ ~ ~, ,~~~ ~ ~~L ~ -~ _~ ~ r~~~ i ~~~ /~ ~~ ~~ ~ ~ ~ ~'I~ ~`~ ~ ~^(~ ~ ~~ .~ ~ ~ ~ J f r~~ ~, ,l V !r n~ ,a ~ti $1 ~~~ Ayes Nays Michalski ~~~ Braig Buol .Cline ~) ~ onnors ones ~ynch Ayes Nays Michalski Braig Buol Cline Connors Jones Lynch • • 10 2. Nicole Ehlinger / Kress Industrial Facility LLC -Request to Rezone Proof of publication on notice of hearing to consider rezoning property located on Seippel Road from R-1 Single-Family Residential District to CS Commercial Service and Wholesale District as requested by Nicole Ehlinger / Kress Industrial Facility LLC and Zoning Advisory Commission recommending approval. ORDINANCE ~ -~ Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located near the southeast corner of Seippel Road and Old Highway Road from R-1 Single-Family Residential District to CS Commercial Service District with conditions Suggested Disposition: Receive and File; First Reading or Motion B; Motion A • • A es Nays ;~ Michalski ~ ~raig ~- Buol ~~ Cline ~ l Connors Jones ~ ~ ~~ ,~ Lynch I Ayes Nays /, Michalski Braig Buol ~j ,Cline /j Connors Jones ~ynch ~~~L/ ~ N / ~ 4~~ !~//yV~ / / / /" /(/ ~ /_ a~ ,/ ~ f / ~~ ~~ ~ , .. ~~ ,"~° ~ ~ ~ 1~ 11 µ~'~ ~" y~ a Jim. d r~ ~ tt,~ ~~ R ~" ~ ~~ f ,~ 1~} ~ ~ ~ vp ~~V ~`~ ~ ICJ v , J~~~, ~~ pl~,;lryl ~ ~ , it i v i ~" ~~k~~d `~µ~ ~~1 ~'~' of ~ ~ y ~' Al' i~ i ~~ :',~iF ,d'~F^~ r „~ ~,~ ~; 3. 427 / 429 Rhomberg Avenue -Request to Rezone Proof of publication on notice of hearing to consider rezoning property located at 427 / 429 Rhomberg Avenue and Parcel #10-24-216-012 from R-2 Two-Family Residential District to OC Office Commercial District and C-3 General Commercial District as requested by Rich Billmeyer /John Mihalakis and Zoning Advisory Commission recommending denial. ORDINANCE ~~/~ Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located in the 400 block of Rhomberg Avenue from R-2A Alternate Two-Family Residential Zoning District and C-2 Neighborhood Shopping Center District to C-3 General Commercial District Suggested Disposition: Receive and File; Concur with Denial or First Reading or Motion B; Motion A (Super Majority Vote) l~ • • Ayes Nays / Michalski j Braig /~~ uol line ~ j / onnors Jones Lynch Ayes Nays Michalski Braig Buol Cline Connors Jones Lynch 12 ~~ ~~~'~ !~" ,~s` r ~,:~~" JI ~~ ~`~ ,~ J ;M '" ~'N'^ ~~l ~1 s ~~ v ti ~~ \\ ~, ~ ~~~ ~~ ~ ~ ~~ ~~ ~~ . ~~, } ~~ .~ ,. ~~ f~ ,u ~~ ~ ~, ~ ~v ~r ~~ ~ `•~ ~~ ~~ ,V ~~ ~~~~ .~ ~ ~ ~ ~ , ~ ~: ~ ~, ~ ~ ~~ ~ ~~~ ~ ~~ ~ ~ ~~ ~ ~ ~ V ~ j~.,~,° 4• ~ ~~ \: ~~ ~' ~ F ~ \ 1~ ~ ~ ~ ~ ~~ ~ ~~ ~ ~~ ~~. ~~ C~ R .~ i .. ~ ~~ ~ ~ ~ ~. ~~~~~ ~ ~ ~~ ~ ~ ~, ~~ ~ `~ ~ ~~ s ~~ ~' ~ ~. . ~~ ~~ ~~ !~ ~: ~~ ~` `K O \ ~ \~ ~`~ ~~'~ ~ ~ ~ ~ ~ ~~: ~', ., ~ ~ ~ ~~ y ~~ ~ 1~ <9 ., ~, ~~ ,z ~, S '~~ ~~ ; ~~~~~ ~` `~ ~, ~~, , ~~~ ~, ~~' ~~ ~ ~~ ~ ~_ ~a ~y ~~ t ~~:~\\` ~1\ ~, ~~~~ ~~ ~~ a ,~~ ~, ~ ~ j ~ ~' . ~~ , ~ ~ ~, `~, '~ ~ ~ ~, ~ ~J ~~ ~, .y ~~ ~, 1 ~l ~' c ~ V ~, ~` ~ ~W ~ ~ !' ~, ~~ v ~ ~ ~~, .,, ~ ~~ ~~ ~~ e~~. a,~ ti `~ ~: ,~ ,~ V 1\ \~., +~ y. `~ ~. ~~ ~~ ~, ~ ~-~ ,ti ~~ ~~ ~~~ °~ ~~ .~~ ~ , ~~ ~~ ~~ i 4 ~ '~ ., ~ ` C \~ ~~~ ~, `~ ~, .~ ~~ ~~: .~ r`' .~ ,~ 4. General Obligation Refunding Bonds ~ ~ Proof of ublication on notice of hearin to consider the issuance of not to exceed p 9 $3,585,000 General Obligation Refunding Bonds, the advertisement of bonds for sale, and the form of Notice of Bond Sale and City Manager recommending approval. RESOLUTION S~ ~ Instituting proceedings to take additional action for the issuance of not to exceed $3,585,000 General Obligation Refunding Bonds Suggested Disposition: Receive and File; Adopt Resolution Ayes Nays r Michalski ~ Braig Buol i Cline Connors Jones Lynch 5. General Obligation Bonds • Proof of publication on notice of hearing to consider the issuance of not to exceed $1,200,000 General Obligation Bonds to support the Asbury Plaza Lift Station and Force Main Project, the advertisement of bonds for sale, and the form of Notice of Bond Sale and City Manager recommending approval. RESOLUTION S~~ Instituting proceedings to take additional action for the issuance of not to exceed $1,200,000 General Obligation Bonds RESOLUTION ~'~/~ Directing the advertisement for sale of General Obligation Bonds, Series 2007A, and General Obligation Refunding Bonds, Series 20076, and approving electronic facsimile bidding procedures Suggested Disposition: Receive and File; Adopt Resolutions Ay ~ Nays ~/ . Michalski Braig ~ uol ~~line ~j onnors ones Lynch 13 • REINSTATE THE RULES This action limits discussion to the City Council. dye Nays ,/ _ ~) Michalski ~ Braig ~ Buol n Cline / C 1T/Connors Jones Lynch ~o ACTION ITEMS These are items where discussion is held by the City Council -public comments are not allowed except as authorized by the Mayor. 1. Timber Hyrst Estates #2 -Preliminary Plat Zoning Advisory Commission recommending approval of the preliminary plat of Timber Hyrst Estates #2 located on the extension of Creekwood Drive as requested by Marty ~ McNamer /North Cascade Road Development LLC. ~, Suggested Disposition: Receive and File; A~ep~Fiesek~tie~ Approve ~,~~ ~ • Ayes Nays Michalski Braig ~. BUOI ~ Cline onnors ones Lynch A~J ~ ~~ ~ ~ ~ ~ ~~ u i ~~~ ~~ ~ ~~~ ~ ~ ~~ r ~~~ ~ ~~ ~ ~.~ E ~~ L ~ ~ ,,1~ N ~ ~ n, ~~ ! ~'A, ?' t~ ,.~ ~~ 14 ~' ~. ~,~ } r ~~ ~j ~~ ,`~ ~ ~~ ~ ~~ ,~ ~"~ `~ .~ ~, I`~.1 r~ U ,~~~ ~~ .~ i ' ~ ~' ~ '~ ~\ ~ J ~J V ~ v ~ X ~~ a ~ ~ ~ .- ~~ ,~ V S ~f v '` ' 1~~VV ! 1 ~ ~ ~ . ~ ~ uN ~~ ~ iP,~, ~ `~~~ ~ j ~ p~ ~ ~ 5 J ` ~1 /,~ /pry X ,~ ~ ~ ~/ ~ ~ 1 ~ ~~~~, ~ 1~ ~ ~ ~ ~ }J ~ - ~ ~ ~P ,~J ~ ~ ~~ ~ 1'~ ~ ~ ,~ ~ ~ ~, F a, t. ~ 1 ~; ~. ~ ,~ ~ ~ ~~ ~~ r r~~ ~. I`~ ~" F l ~ Vr ~~ t ~ ~ ~-~ ~ ~~~~ ~~ ~'~ ~ti ~, • • • 2. 3. English Ridge Subdivision -Preliminary Plat ~~0~ Zoning Advisory Commission recommending approval of the preliminary plat of English Ridge Subdivision located east of Stone Valley Drive on the west side of English Mill , Road as requested by Larry McDermott /English Ridge LLC. Suggested Disposition: Receive and File; Approve Ayes Nays Michalski ~Braig ~Buol ~ )Cline ~~onnors ones ~~ Lynch City Policy for Brick Sidewalks ~~ ~ ,;~,,d ~j ~ ~~~~ '~.~~,~ ~z~~~~ ~~ ~~ ~~~ City Manager recommending adoption of a policy that prohibits the installation of brick sidewalks in the traveled portion of the right-of-way, which shall be a minimum of four feet in width. Suggested Disposition: Receive and File; Approve Aye Nays ~/ ~ichalski f Braig /~ Buol /~jCline j Connors Jones Lynch ,t9~~1 v 1 J ,~ ,N~ a /~J~ ~~~ 15 4. Code of Ordinances §33-9 City Manager recommending approval of an amendment to the Code of Ordinances §33-9 Indecent Exposure to correct an unintended consequence. ORDINANCE J ~ Amending the City of Dubuque Code of Ordinances §33-9 Indecent Exposure by revising the title to Public Urination and Defecation and providing for a scheduled fine for a violation of this section Suggested Disposition: Receive and File; First Reading or Motion B; Motion A ~jye Nays ~ ~ Michalski Braig Buol Cline Connors y~Jones ,~ Lynch • • dye Nays / ~ Michalski raig ~' Buol Cline Connors Jones / Lynch 16 . ~~ ,i~ ~ . ,~~ ~~ ~~ ,~ ', • ORDINANCE ~~ Amending City of Dubuque Code of Ordinances Section 32-321.275A Use of Bicycles, Motorcycles, etc. in Parks by adding a new Subparagraph (f) providing for a scheduled fine for a violation of this section 5. Code of Ordinances §32-321.275A City Manager recommending approval of an amendment to the Code of Ordinances §32-321.275A for skateboarding in parks to clarify that it is a $25 fine and not a simple misdemeanor. Suggested Disposition: Receive and File; First Reading or Motion B; Motion A • Ayps Nays ,/ Michalski % Braig Buol / Cline onnors Jones Lynch Ayes Nays ~ Michalski ,~~Braig / ~ Buol Cline Connors Jones ,/ Lynch ~~y~"~ ~~ • 17 • ORDINANCE ~^~ Amending the City of Dubuque Code of Ordinances §32-321.445 Safety Belts and Safety Harnesses and §32-321.446 Child Restrain System 6. Code of Ordinances §32-321.445 and §32-321.446 City Manager recommending approval of an amendment to the City of Dubuque's safety belts and harness provision, as well as the child restraint ordinance to bring the ordinances into compliance with State Code amendments. Suggested Disposition: Receive and File; First Reading or Motion B; Motion A • e Nays ~~Michalski j Braig ` Buol / Cline Connors / ones Lynch ~ye Nays I Michalski ~, raig ~ Buol Cline / Connors Jones Lynch ~~~ ~~,y' • 18 J r l ~/ ~ ~ ~ !~~ ~~ ~ ~ ~~~ ,~~ ~~~ ~~ ti~ ~- ~, ~~ ~~` . ~ , ~. r~ - f ~. ~ ~ ~ ~~ ~ ~~ ~~ ,~ ~~` l~ ~ ~~ ~~ ~,~ ~, ~~l LJ • 7. National League of Cities Communication from the National League of Cities requesting that the City Council designate a voting delegate and alternate for the upcoming National League of Cities meeting. Suggested Disposition: Receive and File; Council Ayes Nays F~ ichalski / ~raig / uol / line ;~ i Connors / Jones Lynch COUNCIL MEMBER REPORTS PUBLIC INPUT /d ~ ~~~~ ~, ~~. . 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) 2007 Code of Iowa Motion to go into Closed Session at ' ~ ~~ Ay ,es Nays ~ Michalski / Braig Buol line ~ onnors ~l Jones Lynch Motion to adjourn at • 19