HomeMy WebLinkAbout2013-10-01 AgendaSubject to change as finalized by the City Clerk. For a final official copy, contact the
City Clerk's Office 356 -5040.
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Iowa City, I� SNAK
i . 40! d City Council Agenda
Regular Formal CITY OF IOWA CITY
Uctober 1, 2013 - 7:00 p.m.
City Hall — Harvat Hall
410 E. Washington Street
www.icaov.ora
ITEM 1. CALL TO ORDER.
ITEM la Roll Call
ITEM 2. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR
AMENDED.
ITEM 2a. Approval of Council Actions, subject to corrections, as recommended
by the City Clerk:
ITEM 2a(1) September 17 Council Work Session
ITEM 2a(2) September 17 Council Special Formal and Regular Official & Complete
ITEM 2b. Receive and File Minutes of Boards and Commissions (any
recommendations contained in minutes become effective only upon
separate Council action).
ITEM 2b(1) Airport Commission — July 18
ITEM 2b(2) Airport Commission —August 15
ITEM 2b(3) Airport Commission — September 3
ITEM 2b(4) Housing and Community Development Commission —August 15
ITEM 2b(5) Planning and Zoning Commission — September 5
ITEM 2b(6) Senior Center Commission — July 18
ITEM 2b(7) Telecommunications Commission — July 22
ITEM 2c. Permit Motions and Resolutions as Recommended by the City Clerk.
(Renewal)
ITEM 2c(1) Class C Liquor License for Iron Hawk LLC, dba Iron Hawk, 122 E.
Washington St.
ITEM 2c(2) Class C Liquor License for Howling Dogs Inc., dba Howling Dogs Bistro
and Fair Grounds Coffehouse, 345 S. Dubuque St.
ITEM 2c(3) Class C Beer Permit forND Epress, Inc. dba North Dodge Express, 2790
N. Dodge St.
ITEM 2c(4) Class C Beer Permit for HWZ L.L.C., dba RTZ Express, 2 Escort Lane
ITEM 2c(5) Class C Liquor License for I.C.B.B., LTD., dba Brown Bottle The, 115 E.
Washington St.
ITEM 2c(6) Class C Beer Permit for On The Go Convenience Store, dba On The Go
Convenience Stores, Inc., 2315 Muscatine Ave.
ITEM 2c(7) Special Class C Liquor License for Angela, Inc., dba Masala, 9 S.
Dubuque St.
ITEM 2c(8) Class C Liquor License for Christian Retirement Services, dba Oaknoll
Retirement Residence, 1 Oaknoll Court
October 1, 2013
(New)
ITEM 2c(9)
ITEM 2d.
ITEM 2d(1)
I3 -2 -?t
City of Iowa City Page 2
Class C Liquor License for Etre Givanni Restaurant LLC., dba Givanni's
109 E. College St.
Resolutions and Motions:
IOWA CITY INDUSTRIAL CAMPUS RAILROAD SIDING AND SPUR
IMPROVEMENTS - ACCEPTING THE WORK
Comment: The project has been completed by Peterson Contractors, Inc.
of Reinbeck, Iowa, in substantial accordance with the plans and
specifications. The Engineer's Report and Performance and Payment
bonds are on file with the City Clerk.
Project Estimated Cost: $ 1,665,000.00
❖ Project Bid Received: $ 1,267,177.20
❖ Project Actual Cost: $ 1,373,422.54
ITEM 2d(2) LOTS 81 -92 AND OUTLOTS F AND G OF CARDINAL RIDGE
SUBDIVISION - PART THREE - ACCEPTING THE WORK FOR THE
r 3 J �� SANITARY SEWER, STORM SEWER, WATER MAIN, CERTAIN
SIDEWALK AND PAVING PUBLIC IMPROVEMENTS, AND
DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC USE.
Comment: See Engineer's Report.
ITEM 2d(3) UISG VICE CHAIR APPOINTMENT — MOTION APPROVING THE
APPOINTMENT OF KASRA ZAREL AS THE CITY COUNCIL
ALTERNATE LIAISON FROM THE UNIVERSITY OF IOWA STUDENT
GOVERNMENT (UISG) TO THE CITY COUNCIL UNTIL MAY 1, 2014.
Comment: This motion affirms the appointment of UISG representative
Zarel as the Liaison to City Council for 2013 -2014.
ITEM 2e. Setting Public Hearings:
ITEM 2e(1) PROPERTY SALE 321 EAST DAVENPORT - SETTING PUBLIC
HEARING FOR OCTOBER 15, 2013, ON A PROPOSAL TO CONVEY
THE PROPERTY LOCATED AT 321 EAST DAVENPORT STREET.
Comment: The property at 321 East Davenport Street was declared a
nuisance and acquired by the City in 2009. The home was subsequently
demolished by the City. The City has now entered into a purchase
agreement for the sale of the lot at 321 East Davenport Street in the
amount of $70,000. This sale will reimburse the City for the cost to
acquire the property and demolish the existing house.
ITEM 2f Correspondence:
ITEM 2f(1) Kathleen Henderson: Smoke from masonry chimneys [Staff response
included]
ITEM 2f(2) Jerry Bokassa: Racism in the Senior Center
ITEM 2f(3) Shirley Smith; Beverly Blasinganie. -Ped Mall
ITEM 2f(4) Brian Flanagan: Downtown Cityscape designs
ITEM 2f(5) Steven Cooper: Towncrest Area Redevelopment [Staff response
included]
October 1, 2013 City of Iowa City Page 3
ITEM 2f(6) Peter Evans: Use of Public Parks as Construction Staging Areas [Staff
response included]
ITEM 2f(7) Jerry Bokassa: Copy of suit vs. Iowa City Transit Bus System and or
Iowa City #57 Driver
ITEM 2f(8) Jerry Moore: White stripes on city crosswalks
ITEM 2f(9) Alec Bramel: Solid Waste Management and disposal
ITEM 2f(10) Traffic Engineering Planner: Installation of (1) NO PARKING CORNER
TO HERE sign on the southwest corner of the Westgate Street and
Gilmore Court intersection
END OF CONSENT CALENDAR.
Action:
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ITEM 3. COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA). [UNTIL 8 PM]
Community Comment will be continued, if necessary, prior to "City Council
Information" item at the end of the meeting agenda.
ITEM 4. PLANNING AND ZONING MATTERS. (In accordance with the City Attorney's
memo of 2/28/07 entitled "Rezonings, Due Process and Ex parte communications ".
Council will discuss items # 4a, b, c, e only at the formal meeting).
ITEM 4a REZONING SADDLEBROOK — AMENDNG THE PLANNED DEVELOPMENT
OVERLAY / HIGH DENSITY SINGLE - FAMILY (OPD /RS -12) PLAN FOR
SADDLEBROOK TO ALLOW 13 APARTMENT BUILDINGS WITH 142 MULTI-
FAMILY DWELLINGS AND 6 DUPLEXES WITH 12 DWELLING UNITS ON
APPROXIMATELY 19.67 ACRES OF LAND LOCATED SOUTH OF PADDOCK
CIRCLE. (REZ13- 00021) [Discussion only at formal meeting]
Comment: At its September 6, meeting, by a vote of 6 -0 (Dyer absent), the
Planning and Zoning Commission recommended denial of this rezoning.
Approval will allow changes in the OPD plan for Saddlebrook to change in the
number and type of dwelling units from 73 manufactured housing units to 12
duplex units and 142 multi - family units. If there is an indication that the Council
will not accept the Planning & Zoning Commission's recommendation an
opportunity for a joint meeting with the Council and the Commission is require.
Correspondence included in Council packet. The applicant has requested
continuance and deferral to November 12.
s-X'- -J �G14
UBLIC HEARING
,ction:
:ONSIDER AN ORDINANCE �(FIRST CONSIDERATION)
Action:
1
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CITY OF IOWA CITY
MEMORANDUM
TO: Mayor, City Council, General Public
FROM: City Clerk
RE: October 1, Agenda Addition
Correspondence
ITEM 2f(11) Homelessness: Beverly Blasingame [Staff response included]
October 1, 2013 City of Iowa City Page 4
ITEM 4b REZONING WESTWINDS — CONDITIONALLY REZONING 1.31 ACRES
LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF
MELROSE AVENUE AND WESTWINDS DRIVE FROM LOW DENSITY MULTI-
FAMILY (RM -12) ZONE TO PLANNED DEVELOPMENT OVERLAY /LOW
DENSITY MULTI - FAMILY (OPD -RM12) ZONE. (REZ13- 00019/SUB13- 00012)
[Discussion only at formal meeting]
Comment: At its August 15 meeting, by a vote of 7 -0, the Planning and Zoning
Commission recommended approval of a rezoning with conditions regarding
restoration of a stormwater detention facility, driveway and parking easements,
pedestrian access, and building design. Approval will bring an existing duplex
into compliance with the Code and allow development of a 7 -unit apartment
building. If there is an indication that the Council will not accept the Planning &
Zoning Commission's recommendation an opportunity for a joint meeting with the
Council and the Commission is required. This item was deferred from the
September 17 meeting because a signed CZA had not been received.
1. PUBLIC HEARING 311��
Action:
2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION)
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Action: `i
ITEM 4c REZONING N. DODGE AND CONKLIN LANE — CONDITIONALLY REZONINGa/_
APPROXIMATELY 2.19 ACRES LOCATED NORTH OF DODGE STREET
COURT, EAST OF CONKLIN LANE, AND SOUTH OF DODGE STREET FROM
COMMUNITY COMMERCIAL (CC -2) TO LOW DENSITY MULTIFAMILY (RM -12).
(REZ13- 00020) (SECOND CONSIDERATION) [Discussion only at formal
meeting]
Comment: At its August 15 meeting, by a vote of 6 -1 (Theobald voting no), the
Planning and Zoning Commission recommended approval of this rezoning with
conditions regarding neighborhood compatibility and building and site design,
pedestrian access, stormwater drainage, and improvements to Dodge Street
Court. Approval will allow development of a mixture of high- density single - family
and low- density multi - family housing. Correspondence included in Council packet.
Action: e- v//
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October 1, 2013 City of Iowa City Page 5
ITEM 4d RIVERFRONT CROSSINGS CB2 ZONE — AMENDING TITLE 14: ZONING TO
ALLOW ADDITIONAL BUILDING HEIGHT AND FLOOR AREA,
ALTERNATIVE GROUND FLOOR TRANSPARENCY AND BUILDING
ARTICULATION STANDARDS, AND LOWER PARKING REQUIREMENTS
FOR PROPERTIES ZONED CENTRAL BUSINESS SUPPORT (CB -2) THAT
ARE LOCATED IN THE RIVERFRONT CROSSINGS DISTRICT. (SECOND
CONSIDERATION)
Comment: At its August 15 meeting, by a vote of 7 -0, the Planning and Zoning
Commission recommended approval of this zoning code amendment. Approval
will allow Midwest One to redevelop the CB -2 property at the corner of Clinton
and Harrison. Correspondence from the applicant requesting expedited acti
included in Council packet.-- Ou,��i�
Action:
ITEM 4e PALISADES SUBDIVISION SENSITIVE AREAS PLAN - REZONING 13.0
ACRES OF LAND LOCATED AT 1729 DUBUQUE ROAD FROM LOW
DENSITY SINGLE FAMILY (RS -5) TO PLANNED DEVELOPMENT OVERLAY-
LOW DENSITY SINGLE FAMILY (OPD -5) ZONE. (REZ11- 00010) (PASS AND
ADOPT) [Discussion only at formal meeting]
ITEM 4f
13 -a q
ITEM 4g
Comment: At its August 1 meeting, by a vote of 4 -2 (Freerks and Dyer voting no,
Swygard absent), the Planning and Zoning Commission recommended approval
of this rezoning and associated sensitive areas development plan and
preliminary plat. Approval will allow this property to be developed with The
Palisades, a 32 -lot, 13.07 acre residential subdivision.
Action:
PALISADES — APPROVING PRELIMINARY PLAT (SUB13- 00005)
Comment: See previous item
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Action: `(Vt,�.w�-�
EASTBROOK FLATS —APPROVING FINAL PLAT (SUB13- 00014) du�h
Comment: A preliminary plat of Eastbrook Flats was approved on August 20,
2013. Staff recommends approval of the final plat subject to approval of legal
P-4 5- papers and construction drawings by the City Attorney and City Engineer. It is
anticipated that legal papers and construction drawings will be approved prior to
the October 1 City Council meeting. Approval will allow the development of
Eastbrook Flats, a 1 -lot, 4.83 -acre residential subdivision located at the northeast
corner of Scott Boulevard and American Legion Road.
Action: I U-VW-4 / _J
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October 1, 2013 City of Iowa City Page 6
ITEM 4h COUNTRY CLUB ESTATES FIFTH ADDITION — APPROVING FINAL PLAT
(SUB13- 00015)
Comment: A preliminary plat of Country Club Estates Fourth through Seventh
Additions was approved on April 23, 2013. Staff recommends approval of the
final plat subject to approval of legal papers and construction drawings by the
City Attorney and City Engineer. It is anticipated that legal papers and
construction drawings will be approved prior to the October 1 City Council
meeting. Approval will allow the development of County Club Estate Fifth
Addition, a 13 -lot, 10.62 -acre residential subdivision located on Wildcat Lane.
Action:
ITEM 4i COUNTRY CLUB ESTATES SIXTH ADDITION —APPROVING IFINAL PLAT
(SUB13- 00016)
Comment: A preliminary plat of Country Club Estates Fourth through Seventh
Additions was approved on April 23, 2013. Staff recommends approval of the
final plat subject to approval of legal papers and construction drawings by the
City Attorney and City Engineer. It is anticipated that legal papers and
construction drawings will be approved prior to the October 1 City Council
meeting. Approval will allow the development of County Club Estate Sixth
Addition, a 19 -lot, 6.58 -acre residential subdivision located on Dunley Court.
Action: 7xice" 17 e!qz aJ
ITEM 5. CONVEY LOT 6 NORTH AIRPORT DEVELOPMENT - APPROVING A
PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND RUPPERT
FAMILY, LLC FOR LOT 6 OF THE NORTH AIRPORT DEVELOPMENT
SUBDIVISION AND AUTHORIZING CONVEYANCE IN ACCORDANCE
THEREWITH.
Comment: The North Airport Development Subdivision includes commercial lots,
which have been marketed for sale to the general public. The City has negotiated a
purchase agreement with Ruppert Family LLC for Lot 6 for $500,000 contingent on
the City purchasing 12.09 acres from the Ruppert Family LLC. This resolution
approves the purchase agreement. The 12.09 acres is located south of Highway 1,
west of Westport Plaza, and north of runway 7. A resolution approving the purchase
agreement for the 12.09 acres is the following agenda item. Correspondence
included in Council packet.
/ a. PUBLIC HEARING
stir:
b. CONSIDER A RESOLUTION
Action:
October 1, 2013 City of Iowa City Page 7
ITEM 6. PURCHASE AGREEMENT WITH RUPPERT FAMILY -APPROVING A
PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND RUPPERT
FAMILY, LLC FOR 12.09 ACRES BETWEEN HIGHWAY 1 AND RUNWAY 7.
_ 299 Comment: Staff has negotiated a purchase agreement with Ruppert Family LLC for
12.09 acres located south of Highway 1, west of Westport Plaza, and north of
runway 7 for $5,000,000. Most of the parcel is within the runway protection zone,
and the 1996 Airport Master Plan provides for its acquisition. The FAA is providing a
grant for 90% of the purchase price, and the Ruppert Family, LLC is agreeing to buy
Lot 6 in the North Airport Subdivision from the City (see previous agenda item) for
$500,000 (listing price is $465,000) which will be used for the 10% mate .
Action: /
ITEM 7. PUBLIC INPUT ON GATEWAY PROJECT.
% ; ` le l 100
Comment: The Iowa City Gateway Project is a flood mitigation project that will
elevate Dubuque Street and replace the Park Road Bridge with a structure that is
longer and higher than the existing bridge, all of which is designed to reduce the
impact of future floods. The project is now transitioning from the environmental
assessment phase to the design phase and fundamental design parameters are
being established. In addition to the public input gathered during the environmental
assessment pr cess, thi item provides an opportunity for public input regarding the
project. yc'/ .�
ff&iga cti n: _D e
ITEM 8. PERMIT FEES -
FEES.
ESTABLISHING PARADE AND PUBLIC ASSEMBLY PERMIT
Comment: Although the Code has authorized fees for parade /public assembly
permits since 2004, staff has never recommended that Council adopt a fee. The
number of applications has increased over recent years and averages over 150 per
year. Staff time to process applications ranges from less than thirty minutes to over
ten hours. This resolution adopts a nonrefundable administration fee of $75.00 for
events that likely will take over two hours to process because of the duration of the
event, size of the event, and equipment on the right of way /park. The resolution also
provides that the fee may be waived if the applicant is unable to pay and that the
content of the speech is irrelevant. The following agenda item makes a small
change to the insurance and indemnification provisions so that permitted events
required to pay a fee are also those that are required to insure and indemnify.
Action:
October 1, 2013
City of Iowa City
Page 8
ITEM 9. INSURANCE PROVISIONS FOR PARADE PERMITS - AMENDING TITLE 10 OF
THE CITY CODE, ENTITLED "PUBLIC WAYS AND PROPERTY," CHAPTER 1,
ENTITLED "PARADES AND PUBLIC ASSEMBLIES," TO MAKE THE
INSURANCE AND INDEMNIFICATION PROVISIONS CONSISTENT WITH FEE
PROVISIONS BY REQUIRING FEWER EVENTS TO PROVIDE INSURANCE AND
INDEMNIFICATION. (FIRST CONSIDERATION)
Comment: The Code requires that applicants for parade /public assembly permits
provide insurance if the event is either in the street or if equipment and other items
are placed on the sidewalk, city plaza, or in a park. If the resolution establishing
permit fees, which is the previous agenda item, is adopted, staff recommends that
events required to pay a permit fee should be the same events that are required to
provide insurance and indemnification. In order to make the requirements the same,
the current requirements for insurance /indemnification need to be changed so that
events that take place on less than one city block and last less than six hours are
exempted. 7
Action:
! ��(-//p '7ia
ITEM 10. PUBLIC ACCOMMODATION EXEMPTIONS -AMENDING TITLE 2, ENTITLED
"HUMAN RIGHTS," CHAPTER 3, ENTITLED "DISCRIMINATORY PRACTICES" TO
EXEMPT CERTAIN PUBLIC ACCOMMODATIONS FROM AGE DISCRIMINATION
CLAIMS. (FIRST CONSIDERATION)
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ITEM 11.
Comment: The Iowa City Human Rights Commission has requested that exemptions
be allowed in the area of public accommodation based on age of the person. This
ordinance would allow for restrictions or limited access to services based on health,
safety, or developmental differences between age groups and to add an exception that
recognizes restrictions pertaining to the consumption of alcoholic beverages by those
under the legal drinking age or the presence of persons under the legal drinking age in
places of public accommodation where alcoholic beverages are served.
Action:
MANN SCHOOL SPEED ZONE - AMENDING TITLE 9, ENTITLED "MOTOR
VEHICLES AND TRAFFIC," CHAPTER 3, ENTITLED "RULES OF THE ROAD,"
SECTION 6, ENTITLED "SPEED RESTRICTIONS ", SUBSECTION C, ENTITLED
"SCHOOL SPEED ZONES" TO CREATE A 20 MPH SCHOOL SPEED ZONE FOR
MANN ELEMENTARY SCHOOL. (FIRST CONSIDERATION)
Comment: Iowa City Code Title 9- 3 -6(c) defines school speed zone limits and does
not establish a zone for Mann School. A reference to "Church Street" from N. Van
Buren Street to N. Dodge Street should be added which will ensure consistency in
the application of school speed limit zones on arterial streets adjacent to elementary
schools.
Action: / ?sGe G,,w_,
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October 1, 2013 City of Iowa City Page 9
ITEM 12. COUNCIL APPOINTMENTS. Applicants MUST reside in Iowa City and be 18
years of age unless specific qualifications are stated.
/ ITEVI 12a Human Rights Commission — One vacancy to fill an unexpired term,
f effective upon appointment, plus a three -year term ending January 1,
��,a
2017. (Daniel Tallon resigned).
Action: Tticecl_
ITEM 12b Public Art Advisory Committee — Ofie vacancy to fill an unexpired term,
effective upon appointment, ending January 1, 2015. (Melissa Mitchell
resigned).
4 Action- ux- A 4.�✓_
ITEM 13. ANNOUNCEMENT OF VACANCIES. Applicants MUST reside in Iowa City and
be 18 years of age unless specific qualifications are stated. [Staff will not publish
additional notices after a period of six publications; but will continue to advertise
vacancies with postings and on the Council agenda. However, no additional
publication costs will be incurred.]
Previous:
ITEM 13a Adjustment, Board of — One vacancy to fill a five -year term January 1,
2014 — January 1, 2019. (Term expires for T. Gene Chrischilles).
ITEM 13b Appeals, Board of — One vacancy to fill a five -year term January 1, 2014 -
December 31, 2018. (Term expires for Chad Campion).
ITEM 13c Airport Zoning Brd of Adlustment — One vacancy to fill a five -year term
January 1, 2012 - December 31, 2016. (New full term).
ITEM 13d Airport Zoning Brd of Adlustment — One vacancy to fill a five -year term
January 1, 2009 - December 31, 2013 plus an additional five -year term
January 1, 2014 — December 31, 2018. (Term expires for Dennis Keitel).
ITEM 13e Historic Preservation Commission — One vacancy, for a Jefferson St.
representative to fill three -year terms, March 29, 2013 — March 29, 2016.
(New District formed).
ITEM 13f Historic Preservation Commission — One vacancy, for a Northside District
representative, for an unexpired term, effective upon appointment, ending
March 29, 2014. (Dana Thomann resigned).
ITEM 13g Human Rights Commission — Two vacancies to fill three -year terms
January 1, 2014 — January 1, 2017. (Terms expire for Diane Finnerty and
Orville Townsend, Sr).
ITEM 13h Parks and Recreation Commission — Three vacancies to fill four -year terms
January 1, 2014 — January 1, 2018. (Terms expire for Allsion Gnade, John
Westefeld and Clayton Claussen).
ITEM 13i Public Art Advisory Committee — One vacancy to fill a three -year term
January 1, 2014 — January 1, 2017. (Term expires for William Nusser).
APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, NOVEMBER 6, 2013.
October 1, 2013 City of Iowa City Page 10
New:
ITEM 13j Appeals, Board of — One vacancy to fill an Unexpired Term Effective upon
Appointment — December 31, 2015. (Licensed Electrician Matt Neumiller
resigned). Correspondence included in council packet.
ITEM 13k Senior Center Commission — Two vacancies, one to fill a three -year term
January 1, 2014 — December 31, 2016, and one to fill an unexpired term
I plus a three -year term effective upon appointment, ending December 31,
2016. (Terms expires for Jay Honohan, Michael Lensing resigned).
Previously announced on 9/17 as two full terms, addition of unexpired
U" term due to resignation. Correspondence included in council packet.
42ee )KI C'.0
APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, NOVEMBER 6, 2013.
ITEM 14. COMMUNITY COMMENT [IF NECESSARY] (ITEMS NOT ON THE AGENDA).
ITEM 15. CITY COUNCIL INFORMATION.
ITEM 16. REPORT ON ITEMS FROM CITY STAFF.
a) City Manager
b) City Attorney.
c) City Clerk.
—O-
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ITEM 17. ADJOURN (to work session if necessary).
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