3 7 16 Clerk's Skeleton Notes and Meeting CallTO: Kevin S. Firnstahl, City Clerk
You are hereby directed to call a special session of the City Council to be
held on Monday, March 7, 2016 p.m. at 5:30 p.m. in the Historic Federal Building
for the purpose of conducting a work session on levee breach prevention and
preparedness activities.
Roy D. Buol, Mayor
TO: Kevin S. Firnstahl, City Clerk
You are hereby directed to call a Regular Session of the City Council to be
held on Monday, March 07, 2016 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
CLOSED SESSION STATEMENT
® Yes
❑ No
oy D. Buol, Mayor
For the record, the attorney"we will consult with on the issues to be discussed in
the closed session, are City Attorney Barry Lindahl istac�rn.e_y
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
The Dubuque City Council met in special session at 5:30 p.m.
Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members embers Connors, Del Toro,
,Rios; City Manager Van Milligen, City Attorney Lindahl
A
on March 7, 2016 in the
Jones, Lynch, Resnick,
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 levee breach preparedness and
prevention activities.
Ab7 /
WORK SESSION
Levee Breach Preparedness and Prevention Activities
bdial
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 March 7, 2016 in the
Historic Federal Building, 350 W. 6th Street.
/Present: Mayor Buol; Council Members Condors, Del Tiro Jo, Ly4, Resnick,
I'ios; City Manager Van Milligen, City Attorney Lindahl
Ab
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.
PLEDGE OF ALLEGIANCE
PROCLAMATION
1. Kids to Parks Day (May 21, 2016) was accepted byJf�
2
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CONSENT ITEMS
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1. Minutes and Reports Submitted
City Council Proceedings of 2/15, 2/17, 2/18, 2/22, 2/24; Civil Service Commission of
2/11, 2/23; Historic Preservation Commission of 2/18; Library Board of Trustees of
12/17/15; Long Range Planning Advisory Commission of 2/17; Proof of Publication for
City Council Proceedings of 2/1, 2/2, 2/3, 2/4, 2/8, 2/10; Proof of Publication for List of
Claims and Summary of Revenues for Month Ended 12/31/15
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: Area Residential
Care for Property Damage; Mark Pottebaum for property damage; Ron Smith & Sons
Construction for vehicle damage; Katelyn Shima for vehicle damage
Suggested Disposition: Receive and File; Concur
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: Area Residential
Care for property and vehicle damage; Mark Pottebaum for property damage; Ron
Smith & Sons Construction for vehicle damage; Katelyn Shima for vehicle damage
Suggested Disposition: Receive and File; Concur
4. Forbes Recognition of Dubuque
City Manager transmitting an article from Forbes.com recognizing Dubuque as one of
the "Best Cities to Climb the Economic Ladder."
Suggested Disposition: Receive and File
5. University of Iowa Recognizes City Attorney Barry Lindahl
City Manager transmitting the University of Iowa College of Law 150 People which
recognizes City Attorney Barry Lindahl.
Suggested Disposition: Receive and File
3
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6. Main Street Challenge Grant - Revisions to Central Avenue Facade
Commitments
City Manager recommending approval of revisions to the Main Street Challenge Grant
for facade improvements to properties in the Central Avenue Corridor.
Suggested Disposition: Receive and File; Approve
7. Delinquent Problem Property Assessments
City Manager recommending adoption of a resolution authorizing the City to certify
problem property charges to the Dubuque County Treasurer in order to establish real
property liens for collection of such charges.
RESOLUTION 55-16 Authorizing the City to collect delinquent problem property
charges in accordance with Title 6-6-3B1 h; Title 6-6-4B3 & Title 6-6B of the Code of
Ordinances of the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
8. Grass and Weed Cutting and Garbage Collection Accounts
City Manager recommending adoption of a resolution authorizing the City to certify
grass and weed cutting and garbage collection charges to the Dubuque County
Treasurer in order to establish real property liens for collection of such charges.
RESOLUTION 56-16 Authorizing the City to collect delinquent grass and weed cutting
and garbage collection charges in accordance with Title 6-6-3C2o; Title 6-6-4B3 & Title
6-6B of the Code of Ordinances of the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
4
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ter7
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9. Hotel Julien - Downtown Rehabilitation Loan Subordination
City Manager recommending approval of a loan agreement with HJD Landlord, LLC,
and a subordination agreement with American Trust & Savings Bank concerning a
Downtown Rehabilitation Loan for the Hotel Julien. It is further recommended that the
Mayor be authorized to execute the loan agreement as well as the letter of consent and
subordination agreement.
RESOLUTION 57-16 Approving a Loan Agreement and Mortgage between the City of
Dubuque and HJD Landlord, LLC and a Subordination Agreement by and among HJD
Landlord, LLC, the City of Dubuque and American Trust and Savings Bank
Suggested Disposition: Receive and File; Adopt Resolution(s)
10. WS Live - Release of Obligation on Forgivable Loan
City Manager recommending approval to release WS Live from any further obligations
under Loan Agreement CDBG #1-2009 as of December 31, 2015, and authorizing staff
to send a letter to the company acknowledging that the terms have been met and that
the promissory note is considered paid in full.
RESOLUTION 58-16 Acknowledging satisfaction of the terms of a Loan Agreement
providing for a Community Development Block Grant Loan of three hundred seventy-
five thousand dollars ($375,000) to WS Live, LLC
Suggested Disposition: Receive and File; Adopt Resolution(s)
11. Civil Service Commission
Civil Service Commission submitting the certified lists for the positions of Lab
Technician, Lead Mechanic, Serviceworker and Scale Operator.
Suggested Disposition: Receive and File; Make Matter of Record
12. Workers' Compensation Settlement Agreements
City Manager recommending approval of two agreements for Settlement regarding the
Workers' Compensation Claims that were filed against the City of Dubuque by Arthur
Hedley Jr.
Suggested Disposition: Receive and File; Approve
5
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13. Appeal of Claim by. x =n Makovec
Correspondence from &Han Makovec appealing the denial of his claim for property
damage.
i
Suggested Disposition: Receive and File; Refer to City Attorney
14. Asphalt Overlay Access Ramp Project #4 Acceptance
City Manager recommending acceptance of the public improvement construction
contract and authorization of payment to Midwest Concrete, Inc. for the 2015 Asphalt
Overlay Access Ramp Project Four.
RESOLUTION 59-16 Accepting the 2015 Asphalt Overlay Access Ramp Project Four
and authorizing the payment to the contractor
Suggested Disposition: Receive and File; Adopt Resolution(s)
15. Catfish Creek Interceptor Sewer Repair Project Award
City Manager recommending that the award for the Catfish Creek Interceptor Sewer
Repair Project to Top Grade Excavating, Inc., be officially recorded in the minutes of the
City Council.
Suggested Disposition: Receive and File; Make Matter of Record
16. Eagle Point Park Parking Lot Resurfacing Project Award
City Manager recommending that that the award for the Eagle Point Parking Lot
Resurfacing Project to River City Paving be officially recorded in the minutes of the City
Council.
Suggested Disposition: Receive.and File; Make Matter of Record
17. Pavement Marking Project Phase I Acceptance
City Manager recommending acceptance of the public improvement construction
contract for the 2015 Pavement Marking Project Phase I as completed by SELCO, Inc.
RESOLUTION 60-16 Accepting the 2015 Pavement Marking Project Phase I and
authorizing the payment to the contractor
Suggested Disposition: Receive and File; Adopt Resolution(s)
6
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18. Pavement Marking Project Phase II Acceptance
City Manager recommending acceptance of the public improvement construction
contract for the 2015 Pavement Marking Project Phase II, as completed by SELCO, Inc.
RESOLUTION 61-16 Accepting the 2015 Pavement Marking Project Phase II and
authorizing the payment to the contractor
Suggested Disposition: Receive and File; Adopt Resolution(s)
19. Land and Water Conservation Fund Grant Application for Eagle Point Park
Environmental Restoration
City Manager recommending approval to submit a Fiscal Year 2016 Land and Water
Conservation Fund Grant Application to the Iowa Department of Natural Resources for
the Eagle Point Park Environmental Restoration Project.
RESOLUTION 62-16 Authorizing LWCF Grant Application to Iowa Department of
Natural Resources for Eagle Point Park Environmental Restoration Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
20. Mediacom Communications Company
Correspondence from Lee Grassley, Senior Manager of Government Relations for
Mediacom Communications Company, informing the City that the company will begin
transforming its remaining analog channels to a digital format on April 13, 2016.
Suggested Disposition: Receive and File
21. Improvement Contracts / Performance, Payment and Maintenance Bonds
Connolly Construction, Inc. for Timber-Hyrst Sanitary Sewer Extensions (North & South
Lines); Portzen Construction, Inc. for the NW Arterial Fiber Optics - JFK to US 52
Project
Suggested Disposition: Receive and File; Approve
7
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22. Signed Contracts
IDOT Supplemental Agreement for Maintenance and Repair of Primary Roads in
Municipalities; Management Agreement with Kenneth and Nancy Clayton for Miller -
Riverview Park Campground; Dubuque Children's Zoo Boosters, Inc. Lease Agreement
for Roosevelt Park; Tri-State Modelers Lease Agreement for Roosevelt Park
Suggested Disposition: Receive and File
23. Alcohol and Tobacco License Applications
City Manager recommending approval of annual liquor, beer, wine and tobacco license
applications as submitted.
RESOLUTION 63-16 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 64-16 Approving applications for retail cigarette/tobacco
sales/nicotine/vapor permits, as required by Iowa Code 453A.47A
Suggested Disposition: Receive and File; Adopt Resolution(s)
8
ITEMS SET FOR PUBLIC HEARING
These agenda items are being scheduled for a future public hearing on the date
indicated.
1. Fiscal Year 2016 Sewershed 5 Sanitary Sewer Manhole Project 3/21/16
2. Grant of Easement for Ingress and Egress Across City -Owned Property - Manson
Road 4/4/16
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1. Fiscal Year 2016 Sewershed 5 Sanitary Sewer Manhole Project
City Manager recommending initiation of the public bidding procedure for the FY16
Sewershed 5 Sanitary Sewer Manhole Project, and further recommends that a public
hearing be set for March 21, 2016.
RESOLUTION 65-16 FY16 Sewershed 5 Sanitary Sewer Manhole Project- 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 for
3/21/16
2. Grant of Easement for Ingress and Egress Across City -Owned Property -
Manson Road
City Manager recommending setting a public hearing for April 4, 2016, on a request
received from Nancy A. Comer McNamer and Martin J. McNamer for the granting of an
easement across a portion City -owned property to access their property, Lot 1 of
McNamer Acres No. 4, from the Manson Road Right -of -Way.
RESOLUTION 66-16 Resolution of Intent to Dispose of City interest by Grant of Ingress
and Egress Easement to Nancy A. Comer McNamer and Martin J. McNamer over a
portion of Lot 1-2-1-1-1-1-1-1-2-1-4 and Lot 2-2-1-1-1-1-1-1-2-1-4 of Mineral Lot 501, in
the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for
4/4/16
9
BOARDS/COMMISSIONS
Boards and Commission Applicant Review.
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.
1. Community Development Advisory Commission
One, 3 year term through February 15, 2017 (Vacant term of Kelley, former LMI Area
Representative).
Applicant: Julie Woodyard, 2015 Washington St. (Qualifies for LMI Area
Representative)
2. Historic Preservation Commission
One, 3 -year term through July 1, 2016 (Vacant term of Whalen, W. 11th St. Historic
District Resident).;,
Applicant: Juan Nieto, 510 W. 11th St. (Qualifies for the W. 11th St. Historic District
Resident).
This commission is subject to the State of Iowa Gender Balance Law. 9 Commissioners
total; currently 5 males/2 female.
3. Mechanical Code Board
Two, 3 -year terms through March 16, 2019 (Expiring terms of Billmeyer and Hillary).
Applicants:
Ronald Billmeyer, 2341 Coventry Park;
Dan Hillary, 3087 Arbor Oaks.
4. Zoning Board of Adjustment ✓!
One, 5 -year term through March 25, 2021 (Expiring term of McCoy).
Applicant: Jonathan McCoy, 263 Main St.
This commission is subject to the State of Iowa Gender Balance Law. 5 Commissioners
total; currently 2 males/2 female.
10
PUBLIC HEARINGS
SUSPEND THE RULES
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1. SW Arterial Right -of -Way Property Acquisition
Proof of publication on notice of public hearing to commence a public improvement
project and to establish_ Just Compensation Valuation (Fair Market Value) of necessary
right-of-way property which the City intends to acquire or condemn, if required, for the
Southwest Arterial Project and the City Manager recommending approval.
RESOLUTION 67-16 Establishing the fair market value of real property for the
Southwest Arterial Project, directing good faith negotiations for the acquisition of
property and authorizing the commencement of Eminent Domain proceedings, if
necessary, to acquire property
Suggested Disposition: Receive and File; Adopt Resolution(s)
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Buol
Del Toro
Jones
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2. Paragon Square Urban Revitalization Plan
Proof of publication on notice of public hearing for the Paragon Square Urban
Revitalization Plan which provides for a ten-year, one -hundred percent tax abatement
for the redevelopment of the property located at 2887-2901 Central Avenue, the former
Holy Ghost Convent and School.
Suggested Disposition: Receive and File; Conduct Public Hearing
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3. Marquette Hall Urban Revitalization Plan
Proof of publication on notice of public hearing for the Marquette Hall Urban
Revitalization Plan, which provides for a ten-year, one -hundred percent tax abatement
for the redevelopment of the former Sacred Heart Elementary School, located at 2222
Queen Street, into 28 historic and affordable senior apartments.
Suggested Disposition: Receive and File; Conduct Public Hearing
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4. University Lofts Urban Revitalization Plan
Proof of publication on notice of public hearing for the University Lofts Urban
Revitalization Plan which provides for the construction of a 56 -unit, senior multi -family
housing at the corner of Alta Vista and University.
Suggested Disposition: Receive and File; Conduct Public Hearing
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Nays
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5. Lange Estate Urban Revitalization Area -.Her -i pplewobe —
Proof of publication on notice of public hearing for the Lange Estate Urban
Revitalization Plan which establishes an urban revitalization district at 3275
Pennsylvania Avenue and will provide for a ten-year residential abatement on the value
of improvements, including new construction, for the proposed senior housing
development.
Suggested Disposition: Receive and File; Conduct Public Hearing
Yays
Nays
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6. 2016 Bridge Repair Maintenance Project
Proof of publication on notice of public hearing to consider approval of plans,
specifications, form of contract and estimated cost of $399,545 for the 2016 Bridge
Repairs and Maintenance Project and the City Manager recommending approval.
RESOLUTION 68-16 Approval of plans, specifications, form of contract, and estimated
cost for the 2016 Bridge Repairs and Maintenance Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
Yays
Nays
Resnick
Lynch
Buol
Del Toro
,.
Jones
Connors
Rios
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16
7. Heeb Street Retaining Wall Reconstruction Project
Proof of publication on notice of public hearing to consider approval of plans,
specifications, form of contract and estimated cost for the Heeb Street Retaining Wall
Reconstruction Project and the City Manager recommending approval.
RESOLUTION 69-16 Approval of plans, specifications, form of contract, and estimated
cost for the Heeb Street Retaining Wall Reconstruction Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
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Nays
Resnick
Lynch
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Del Toro
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Jones
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REINSTATE THE RULES
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Nays
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17
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ACTION ITEMS
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1. General Obligation Bond Sale, Series 2016ABC
City Manager recommending approval of the suggested proceedings for directing sale
of the $2,830,000 General Obligation Settlement Bonds, Series 2016A, $11,505,000
General Obligation Refunding Bonds, Series 2016B and $4,155,000 General Obligation
Bonds, Series 2016C and awarding the bonds to the best bidder. The bond sale will be
held on March 7, 2016 at 11:00 a.m. The results will be brought to the March 7th City
Council meeting.
RESOLUTION 70-16 Directing sale of $ General Obligation
Bonds, Series 2016A (Subject to adjustment per terms of offering.)
RESOLUTION 71-16 Directing sale of $ General Obligation
Refunding Bonds, Series 2016B (Subject to adjustment per terms of offering.)
RESOLUTION 72-16 Directing sale of $ General Obligation
Bonds, Series 2016C (Subject to adjustment per terms of offering.)
RESOLUTION 73-16 Authorizing the redemption of outstanding General Obligation
Bonds, Series 2003, of the City of Dubuque, State of Iowa, dated October 15, 2003, and
directing Notice be given
RESOLUTION 74-16 Authorizing the redemption of outstanding General Obligation
Bonds, Series 2005A, of the City of Dubuque, State of Iowa, dated April 18, 2005, and
directing Notice be given.
RESOLUTION 75-16 Authorizing the redemption of outstanding General Obligation
Urban Renewal Bonds, Series 2005B, of the City of Dubuque, State of Iowa, dated April
18, 2005, and directing Notice be given
RESOLUTION 76-16 Authorizing the redemption of outstanding General Obligation
Bonds, Series 2006A, of the City of Dubuque, State of Iowa, dated May 2, 2006, and
directing Notice be given
RESOLUTION 77-16 Authorizing the redemption of outstanding General Obligation
Stormwater Bonds, Series 2008A, of the City of Dubuque, State of Iowa, dated
November 4, 2008, and directing Notice be given
RESOLUTION 78-16 Authorizing the redemption of outstanding General Obligation
Urban Renewal Bonds, Series 2008B, of the City of Dubuque, State of Iowa, dated
November 4, 2008, and directing Notice be given
Suggested Disposition: Receive and File; Adopt Resolution(s)
18
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2. 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
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3. City Hall Electrical Service Project Award
City Manager recommending award of the construction contract to the low bidder
Hawkeye Electric for the base bid to replace the main 600 amp electrical service
distribution panel and Alternative #1 to install subpanels on the first, second and third
floors.
RESOLUTION 79-16 Awarding public improvement contract for the Dubuque City Hall —
Electrical Service Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
Yays
Nays
Resnick
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Lynch
Buol
Del Toro
Jones
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4. Fiscal Year 2016 Sewer Cured -in -Place Pipe (CIP) Lining Project Award
City Manager recommending award of the construction contract for the FY16 Sanitary
Sewer Cured -in -Place Pipe (CIPP) Lining Project to the low bidder SAK Construction,
LLC.
RESOLUTION 80-16 Awarding public improvement contract for the FY16 Sanitary
Sewer Cured -in -Place Pipe (CIPP) Lining Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
Yays ,
Nays
Resnick
,r`°
Lynch
Buol
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Del Toro
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5. Code of Ordinances Amendment Historic Preservation kP
City Manager recommending approv I of an Ordinance correcting t e reference for
Historical Preservation to Title 16, Chapter 10, rather than the current Title 14, Chapter
6.
ORDINANCE 1-16 Amending City of Dubuque Code of Ordinances Title 10 Public
Ways and Property, Chapter 3 Encroachments on Public Places, Article D Other
Encroachments, Section 10-3D-3 Compliance with Historic Preservation Regulations by
changing the reference location of the Historic Preservation Commission Applications
and Procedures Provisions within the Code
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
Yays
Nays
Resnick
Lynch
Buol
✓
Del Toro
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Jones
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Connors
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Final Reading and Adopt
Yays
Nays
Resnick
Lynch
Buol
✓
Del Toro
Jones
Connors
Rios
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COUNCIL MEMBER REPORTS
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PUBLIC INPUT 1
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CLOSED SESSION p.m.
Pending Litigation and Property Acquisition — Chapter 21.5(1)(c), -(j) Code of Iowa
Yays
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ADJOURNMENT
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Jones
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p.m.
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