[A.  Review Agenda] [00:00:07] THE FIRST ITEM ON THE AGENDA IS TO REVIEW OR THE STUDY SESSION IS TO REVIEW THE AGENDA. ARE THERE ANY QUESTIONS ON THE CONSENT AGENDA? ABOUT PUBLIC HEARINGS WE HAVE FIVE TONIGHT. I CAME IN AND TALKED TO COURTNEY ABOUT A COUPLE OF THINGS ON THURSDAY, AND SHE HELPED ME WITH 4 .B AND 4 .C, WHY THEY WERE NOT GOING ON TO THE SEWER BECAUSE OF THE DOWNGRADE. AND WE WOULD NEED A PUMP STATION TO COME BACK UP AND THE CAPACITY OF THE PIPE. SO I APPRECIATE THAT INFORMATION, COURTNEY. JUST TO LET EVERYBODY ELSE KNOW. OTHER QUESTIONS ON THE PUBLIC HEARINGS? AND IT WAS PRETTY EXPENSIVE TO EXTEND THE SEWER JUST YEAH, IT'D BE PROHIBITIVELY EXPENSIVE UP THERE. YEAH. QUESTIONS ON, LET'S JUST DO A PACKAGE, THE TWO ORDINANCES OR THE RESOLUTIONS? HOLD ON ONE SECOND. NO, I'M OKAY ON THAT ONE. PERMITS AND CANCELLATIONS? OH, SORRY ON 7.D ON RESOLUTIONS. MIMI, WOULD WE DECIDE ON THAT ONE? FOR THE CONVERSATION LAST WEEK? SO THIS ASSISTANT ATTORNEY II POSITION I'M STILL ASKING THE COUNCIL TO APPROVE THAT. BASICALLY, THAT WOULD ALLOW ME TO FILL MY OLD JOB, PLUS GRAHAM'S JOB. AND THEN I WOULD STEP INTO DICK'S SHOES SO THERE WOULDN'T. YOU'RE NOT REALLY AUTHORIZING ANY BIG CHANGES WITHIN THE OFFICE, OTHER THAN THE ASSISTANT ATTORNEY II POSITION IS AT A SLIGHTLY HIGHER PAY GRADE THAN THE DEPUTY ASSISTANT ATTORNEY JOB. BUT EVERYTHING IS BUDGETED FOR S O I WOULD ASK THE COUNCIL TO ALLOW ME TO FILL THE POSITIONS AS SOON AS POSSIBLE BY APPROVING THIS POSITION. AND YOU SAID YOU WOULD THEN HOLD OFF ON LOOKING TO HIRE FOR THE ASSISTANT ATTORNEY CORRECT? CORRECT YEAH. OKAY SO NOTHING CHANGED THEN? RIGHT. JUST WANTED TO DOUBLE CHECK OKAY THANK YOU. WELL, A RE WE LOOKING AT OR ARE YOU LOOKING AT A POSSIBLE RESTRUCTURING OF THINGS WHEN IT COMES TO THE DEPUTY ATTORNEY? THAT WAS ONE OF THE THINGS THAT KIND OF HAD COME UP IN THE PAST AS TO WHAT THE HIERARCHY, I GUESS, WAS. WOULD THESE BE TWO ON EQUAL LIKE EQUAL PLAYING POSITIONS, I GUESS, THEN? YES AND YES TO BOTH YOUR QUESTIONS. I AM LOOKING TO DO THAT SO THAT WE AVOID THE ISSUES THAT WE HAD THIS LAST WINTER. BUT THESE TWO POSITIONS THAT WE'RE HIRING WOULD BE EQUAL. AND THEN OVER THE NEXT FEW MONTHS, MAKE A DECISION AS TO WHICH ONE WOULD MOVE INTO A DEPUTY CITY ATTORNEY POSITION. SO CURRENTLY WELL, GRAHAM'S POSITION WAS CALLED A DEPUTY ASSISTANT CITY ATTORNEY, AND IT WAS A LOWER PAY GRADE THAN THE ASSISTANT ATTORNEY II. SO THAT WAS VERY CONFUSING BECAUSE TYPICALLY THE IN YOU KNOW, GOVERNMENT OFFICES. IT GOES CITY ATTORNEY OR COUNTY ATTORNEY, THEN THE DEPUTY AND THEN THE ASSISTANTS, THE ASSISTANT II AND THE ASSISTANT I. AND THAT PAY GRADES FOLLOW THOSE AS WELL SO THAT WAS KIND OF WHAT WAS CONFUSING BEFORE. SO NOW WE'LL HAVE THE CITY ATTORNEY AND THEN TWO PEOPLE IN EQUAL POSITIONS, AND I'LL PROBABLY COME BACK AND VISIT WITH YOU IN A FEW MONTHS ABOUT MOVING SOMEBODY INTO A DEPUTY CITY ATTORNEY POSITION. SO THE PREVIOUS POSITION WAS DEPUTY ASSISTANT ATTORNEY SO IN THAT CASE WE'D PROBABLY RE REVOKE THAT. EXACTLY YEAH AND CHANGE THE PAY GRADE. OR JUST MOVE ONE OF THE ASSISTANT CITY ATTORNEY IIS INTO A NEW POSITION THAT WE TITLE DEPUTY CITY ATTORNEY. YEAH CORRECT OKAY. OTHER QUESTIONS ON THE RESOLUTION? DANIELLE, CAN YOU TALK A LITTLE BIT ABOUT THE INVESTMENT POLICY AND THE [00:05:07] ADDING OF AN ADDITIONAL INSTITUTION? YOU KNOW, THAT USED TO BE THAT DEPENDING ON WELL, THAT'S NOT EXACTLY TRUE. THERE WAS A CAP ON THE AMOUNT THAT THE FDIC INSURANCE WOULD COVER OF OUR DEPOSITS. BUT THERE'S NOW A HYBRID POOL AND ALL OF THESE INSTITUTIONS CAPABLE OF PROVIDING THAT. YEAH SO IT'S REALLY DRIVEN BY THE STATE OF IOWA AND THE APPROVED DEPOSITORIES WITHIN THAT. AND IT'S REALLY ANY FINANCIAL INSTITUTION WITHIN THE STATE OF IOWA. WHICH WE UTILIZE OBVIOUSLY SOME OF THE BRANCHES ARE IN OMAHA OR OTHER CITIES, BUT THEY ALL HAVE BRANCHES IN THE CITY OF COUNCIL BLUFFS AND SO WE CAN UTILIZE THEM. AND THAT'S DRIVEN BY THE STATE OF IOWA CODE. THE REASON, THE PRIMARY REASON BEHIND INCREASING IT TO THE $60 MILLION IS WE HAVE AND THAT'S NOT SPECIFIC IN THE INVESTMENT POLICY DRIVEN BY THE STATE OF IOWA CODE, WE KIND OF JUST DO THAT FROM OUR OWN INTERNAL AUDIT STANDPOINT SO THAT WE CAN FOLLOW CERTAIN PROCESSES TO MAKE SURE THAT WE'RE NOT JUST PUTTING ALL OF OUR FUNDS INTO ONE FINANCIAL INSTITUTION OR PLAYING FAVORITISM IN THAT REGARD. SO WE HAVE IT $60 MILLION AT EACH FINANCIAL INSTITUTION SOME OF WHICH WE HAVE OUR GENERAL OBLIGATION BONDS SITTING AT. SOME OF THEM WE HAVE LIKE OUR PROPERTY TAX REVENUE SITTING AT SO WE'RE TRYING TO KIND OF BE DIVERSIFIED. BUT WITH ISSUING LARGER AMOUNTS OF GENERAL OBLIGATION BONDS SO FOR THE LEVY SYSTEM WE ARE KIND OF AT THAT CAP. AND THEN OBVIOUSLY THE TIMING OF PROJECTS IN OUR CASH FLOW ARE KIND OF PUSHING US UP AGAINST THAT DEBT CAPACITY OR THAT CAPACITY OF DEPOSITS. SO THAT'S REALLY THE PRIMARY CHANGE. WE REVIEW IT ANNUALLY WELL, WE REVIEW IT ANNUALLY WE MAKE CHANGES EVERY THREE YEARS. WE JUST MADE CHANGES TWO YEARS AGO. BUT THIS IS REALLY DRIVEN BY THAT MAXIMUM AMOUNT AT EACH FINANCIAL INSTITUTION. IT'S ALSO GOING TO WE ADDED SOME VERBIAGE IN THERE TO HELP KIND OF OUTLINE THE COLLATERAL REQUIREMENTS BY THE FINANCIAL INSTITUTIONS. SO WE WERE APPROACHED A FEW YEARS AGO BY OUR FINANCIAL INSTITUTION TO KIND OF RESTRUCTURE OUR COLLATERAL. SO IT HELPS PROTECT THEM IT HELPS PROTECT THE CITY. AND SO THAT'S KIND OF ENCOMPASSING THAT VERBIAGE OF THE STATE CODE SO THAT WE ARE COMPLIANT WITH THAT AS WELL. THANK YOU. THANKS PERMITS AND CANCELLATIONS? 8.E DIDN'T HAVE A DATE ATTACHED TO THE PERMIT IT JUST SAID AUGUST. BUT WE CONTACTED THEM AND IT'S GOING TO BE AUGUST 2ND SO WHEN WE DO THAT ONE, WE JUST NEED TO THROW THAT DATE IN THERE OF AUGUST 2ND. ALL RIGHT EXECUTIVE SESSION. OH, WAIT ONE SECOND I HAVE ONE MORE THING TO TALK ABOUT REALLY QUICK MATT SORRY. NO DIFFERENT PEOPLE, AND MIMIE POINTED OUT THAT PROBABLY THE WAY HOW SOME OF US ARE PASSING INFORMATION FROM ONE PERSON TO ANOTHER, WE MIGHT BE AND SO JUST WANTED TO TALK ABOUT IS THERE A POTENTIAL TO THE STAFF, IF THE STAFF POTENTIALLY COULD DO, LIKE A WRITE UP AND SEND IT OUT AND MAKE SURE THAT WE DON'T DO A REPLY ALL JUST SO EVERYBODY THEN UNDERSTANDS THE COMMUNICATION. WHAT HAPPENED? FOR EXAMPLE, LIKE, I WENT AND MET WITH COURTNEY AND THAT'S WHY I WANTED TO SAY, LIKE, I TALKED ABOUT THIS SUBJECT. I KNOW SOMETIMES IN THE MEETINGS, ROGER WILL SAY, HEY, I MET WITH COURTNEY, BUT I DIDN'T KNOW ANYTHING ABOUT IT. AND SO THEN IN ORDER TO GET THAT INFORMATION. WHAT DO YOU THINK ABOUT? I THINK UNDER IOWA LAW, AND YOUR IF YOU DO THAT, YOU ARE THEN OBLIGATED IN THE MEETING TO EXPLAIN TO EVERYBODY WHAT CONVERSATIONS YOU HAD AND WHAT [00:10:07] RESPONSES YOU GOT RELATIVE TO THOSE CONVERSATIONS BUT. I AM NOT AWARE OF THAT, BUT I WILL LOOK INTO THAT BECAUSE WE DID DISCUSS THIS POSSIBILITY OF THE DEPARTMENT HEAD. BUT I THINK IT ALSO MAKES SENSE WHAT YOU'RE SUGGESTING, SO I'M HAPPY TO CHECK ON THAT. OKAY HOW ARE WE TO INDIVIDUALLY, I GUESS, DO RESEARCH? YOU KNOW WHAT I MEAN, AND SPEAK WITH FOLKS TO GET THE INFORMATION NEEDED. BUT NOT BECAUSE, LIKE YOU SAID, IF IT GOES OUT TO EVERYONE, THEN IT BECOMES LIKE WE HAVE A PUBLIC MEETING NOW VIA EMAIL BECAUSE WE'VE ALL BEEN GIVEN. RIGHT? LIKE, I GO IN AND I TALK TO AND I JUST, BECAUSE I MET WITH COURTNEY, I'M GOING TO USE YOU COURTNEY SORRY. OKAY, SO I GO IN AND I TALK TO COURTNEY, AND I SAY, HEY, COURTNEY SAID, WE'RE NOT TAKING THE SEWER DRAIN OUT THAT FAR BECAUSE OF X, Y, Z. CHRIS, YOU REACH OUT TO ME AND SAY. HEY, WHAT DO YOU THINK ABOUT THIS? AND I SAY, HEY, I MET WITH COURTNEY TODAY WE'RE NOT DOING IT BECAUSE OF X REASON. WELL, YOU'RE AT THE WHATEVER. JOE YOU REACH OUT TO CHRIS AND SAY, HEY, I'M THINKING ABOUT REACHING OUT TO COURTNEY AND CHRIS SAYS, THE THREE OF US DIDN'T TALK BECAUSE THE INFORMATION WENT THROUGH. WHAT WE'RE SAYING IS THAT THAT'S A POTENTIAL OF OPEN VIOLATION AS WELL, OPEN MEETING'S VIOLATION AS WELL. SO I'M TRYING TO FIGURE OUT HOW DO WE ALL GET THE INFORMATION WITHOUT GETTING IN TROUBLE? YEAH. OF PASSING IT FROM ONE TO ANOTHER, THINKING WE'RE OKAY BECAUSE THERE'S NOT MORE THAN TWO OF US ON A CHAIN. I JUST CAN'T GET CONCERNED. I UNDERSTAND THE VALIDITY OF THAT I'M JUST SAYING AT THE SAME TIME WANT THEM HAVING TO EVERY TIME THEY HAVE ONE CONVERSATION, THEY GOT TO DO A REPORT ON. I COMMUNICATED WITH, YOU KNOW WHAT I MEAN? YEAH. I DON'T WANT THEM DROWNING IN STUFF. I DON'T DISAGREE BUT THEN I THINK EITHER THEN WE HAVE TO HAVE THOSE CONVERSATIONS HERE IN STUDY SESSIONS. SO THEN THEY'RE NOT DROWNING IN THE REPORT AND LIKE NOT MEET OUTSIDE A STUDY SESSION. THAT'S TYPICALLY HOW IT WAS DONE. OKAY. IF YOU HAD A CONVERSATION WITH SOMEBODY, YOU WOULD REPORT BACK TO THE COUNCIL DURING THE STUDY SESSION OR THE MEETING. OH, OKAY I TALKED TO COURTNEY ON TUESDAY ABOUT X, Y, Z AND THIS IS WHAT I FOUND. THAT'S HOW YOU JUST HANDLED IT. OKAY. GOTCHA. AGAIN, LET ME LOOK INTO IT. OKAY PERFECT. YEAH MAYBE JUST KEEP US POSTED ON WHATEVER YOU FIND OR. I WILL AGREE WITH WHAT COUNCILWOMAN SHUDAK SAID ABOUT, YOU KNOW, ONE COUNCIL PERSON TALKING WITH ANOTHER AND THEN AGAIN, SPEAKING WITH ANOTHER IS A BIG CONCERN. THERE'S BEEN A LOT OF LITIGATION RECENTLY IN THE STATE, AND WE ABSOLUTELY WANT TO AVOID THAT. WELL, ESPECIALLY IF YOU MAKE DECISIONS PRIOR TO THE MEETING THAT THAT IS A DEFINITE PROBLEM SO AND YOU CAN TALK ONE ON ONE TO SOMEBODY AND GET THEIR FEEDBACK. BUT THEN IT'S WHAT'S CALLED A WALKING QUORUM WHERE I TALKED TO JILL AND SHE SAYS, I AGREE WITH YOU. AND THEN I GO TO CHRIS AND SAY, JILL AND I TALKED, AND WE BOTH THINK THAT, YOU KNOW? YOU CAN'T DO THAT. RIGHT. OKAY THANKS FOR THE COUPLE MINUTES, SIR. ANYTHING ELSE? ALL RIGHT. [EXECUTIVE SESSION] OKAY NOW IS THE TIME AND PLACE FOR AN EXECUTIVE SESSION TO DISCUSS PENDING LITIGATION PURSUANT TO CHAPTER 21. [1.  PLEDGE OF ALLEGIANCE] I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS. ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. LIKE. CALL THE MEETING TO ORDER. SHOW ALL COUNCIL MEMBERS ARE IN ATTENDANCE. [2.  CALL TO ORDER] ROGER SANDAU IS ATTENDING ONLINE TONIGHT AND I WOULD ENTERTAIN A MOTION FOR APPROVAL OF THE CONSENT AGENDA. [3.  CONSENT AGENDA] MOTION TO APPROVE. SECOND. IS THERE A DISCUSSION? HEARING NONE. ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE. [00:15:01] AYE. AYE. OPPOSED? SAME SIGN. TONIGHT WE HAVE FIVE PUBLIC HEARINGS. IF YOU'D LIKE TO ADDRESS THE COUNCIL IN REGARDS TO ANY OF THESE, PLEASE STEP FORWARD TO THE MICROPHONE. GIVE YOUR NAME AND ADDRESS FOR THE RECORD. NOW IT'S TIME FOR A PUBLIC HEARING IN REGARDS TO ORDINANCE 6649. [A.  Ordinance 6649] THIS ORDINANCE AMENDS THE ZONING MAP IS ADOPTED BY REFERENCE IN SECTION 15.27 .020 BY REZONING A PORTION OF SECTION 34 - 75 - 43, MORE SPECIFICALLY DESCRIBED IN THE COUNCIL PACKET FROM A-2 /PARKS, ESTATES AND AGRICULTURAL DISTRICT TO R-1E /SINGLE FAMILY RESIDENTIAL ESTATES DISTRICT AS DEFINED IN CHAPTER 15.08 A. ITS LOCATION IS 1305 STATE ORCHARD ROAD. IS PROOF OF PUBLICATION ON FILE? YES IT IS. ANY WRITTEN PROTEST RECEIVED? NONE RECEIVED. ANYONE WISHING TO ADDRESS A COUNCIL IN REGARDS TO THIS MATTER? EXCUSE ME SEEING NONE. IS THERE A MOTION? MOTION TO APPROVE. SECOND. IS THERE A DISCUSSION? ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE. AYE. OPPOSED SAME SIGN. NOW IT'S TIME AND PLACE FOR A PUBLIC HEARING REGARDS TO ORDINANCE 6650. [B.  Ordinance 6650] THIS ORDINANCE AMENDS THE ZONING MAP IS ADOPTED BY REFERENCE IN SECTION 15.27 .020 BY REZONING PART OF SECTION 22 - 75-43. MORE SPECIFICALLY DESCRIBED IN THE COUNCIL PACKET FROM A-2 /PARKS, ESTATES AND AGRICULTURAL DISTRICT TO I-1 /LIGHT INDUSTRIAL AS DEFINED IN CHAPTER 15.20. ITS LOCATION IS UNDEVELOPED LAND LYING SOUTH OF 2025 HUNT AVENUE . IS PROOF OF PUBLICATION ON FILE? YES IT IS. ANY WRITTEN PROTEST RECEIVED? NONE RECEIVED. ANYONE WISHING TO SPEAK IN REGARDS TO THIS MATTER? THANK YOU I'M HERE TO ANSWER ANY QUESTIONS YOU MIGHT HAVE. ANY QUESTIONS FOR MIKE? THANKS FOR YOUR INVESTMENT THANKS. ANYONE ELSE WISHING TO ADDRESS COUNCIL? IS THERE A MOTION FROM THE COUNCIL? MOTION TO APPROVE. SECOND. IS THERE A DISCUSSION? ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE. AYE. OPPOSED SAME SIGN. MOTION TO WAIVE THIS THIRD. SECOND. IS THERE A DISCUSSION ON THE MOTION TO WAIVE? ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE. AYE. OPPOSED SAME SIGN. MR. MAYOR, CAN I GO BACK AND MAKE A MOTION ON 4.A? DISCUSSION ON THE MOTION TO WAIVE THIRD HEARING ON 4. A? IS THERE A DISCUSSION? ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE. AYE. OPPOSED SAME SIGN. WE ARE ON 4 .C NOW THIS IS ORDINANCE 6651. [C.  Ordinance 6651] AN ORDINANCE TO AMEND THE ZONING MAP IS ADOPTED BY REFERENCE IN SECTION 15.27 .020 BY REZONING PART OF SECTION 22 - 75-43, MORE SPECIFICALLY DESCRIBED IN THE COUNCIL PACKET FROM A-2 / PARKS, ESTATES AND AGRICULTURAL DISTRICT TO I-1 /LIGHT INDUSTRIAL DISTRICT AS DEFINED IN CHAPTER 15.20. ITS LOCATION IS UNDEVELOPED LAND LYING NORTH OF 2025 HUNT AVENUE. IS APPROVED PUBLICATION ON FILE? YES, IT IS. WRITTEN PROTESTS RECEIVED? NONE RECEIVED. ANYONE WISHING TO ADDRESS THE COUNCIL IN REGARDS TO THIS MATTER? IS THERE A MOTION FROM THE COUNCIL? MOTION TO APPROVE. SECOND. IS THERE A DISCUSSION? ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE. AYE. OPPOSED SAME SIGN. MOTION TO WAIVE. SECOND. IS THERE A DISCUSSION ON THE MOTION TO WAIVE? ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE. AYE. OPPOSED SAME SIGN. NOW IT'S TIME IN PLACE FOR PUBLIC HEARING REGARDING RESOLUTION 2 5-1 62, [D.  Resolution 25-162] A RESOLUTION GRANTING FINAL PLAT APPROVAL OF A TWO -LOT RESIDENTIAL ESTATE SUBDIVISION TO BE KNOWN AS TWEETY'S LANDING, ALONG WITH A SUBDIVISION VARIANCE TO ALLOW PROPOSED LOT -1, TWEETY'S LANDING TO EXCEED THE MAXIMUM 3 : 1 LOT DEPTH -TO -WIDTH RATIO ON PROPERTY DESCRIBED AS PARCEL 25 0 28 MORE SPECIFICALLY DESCRIBED IN [00:20:08] THE COUNCIL PACKET AND A LOCATION OF 1305 STATE ORCHARD ROAD. IS PROOF OF PUBLICATION ON FILE? YES IT IS. ANY WRITTEN PROTESTS RECEIVED? NONE RECEIVED. ANYONE WISHING TO ADDRESS THE COUNCIL IN REGARDS TO THIS MATTER? IS THERE A MOTION FROM THE COUNCIL? MOTION TO APPROVE. SECOND. IS THERE A DISCUSSION? ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE. AYE. OPPOSED SAME SIGN. NOW IT'S TIME FOR A PUBLIC HEARING REGARDS THE RESOLUTION 2 5-163 A RESOLUTION THAT DISPOSES [E.  Resolution 25-163] OF CITY OWNED PROPERTY LEGALLY DESCRIBED AS THE NORTH HALF OF VACATED 42ND AVENUE RIGHT -OF -WAY LYING BETWEEN INDIAN CREEK AND SOUTH 13TH STREET ABUTTING LEGALLY DESCRIBED AS THE WEST 200FT OF THE EAST, 1152.38FT OF THE SE 1/4 OR THE SOUTHEAST QUARTER OF SECTION, I'M NOT SURE WHAT THAT IS, - 74-44 LYING SOUTH OF HIGHWAY 275 AND NORTH OF 42ND AVENUE. CITY OF COUNCIL BLUFFS, IOWA. IS PROOF OF PUBLICATION ON FILE? YES IT IS. ANY WRITTEN PROTEST RECEIVED? NONE RECEIVED. ANYONE WISHING TO ADDRESS THE COUNCIL IN REGARDS TO THIS MATTER? SEEING NONE. IS THERE A MOTION FROM THE COUNCIL? MOTION TO APPROVE. SECOND. IS THERE ANY DISCUSSION? ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE. AYE. OPPOSED SAME SIGN. MADAM CLERK. ORDINANCE 6653, AN ORDINANCE TO AMEND TITLE 1 ADMINISTRATION AND PERSONNEL OF THE 2025 MUNICIPAL CODE OF [A.  Ordinance 6653] COUNCIL BLUFFS, IOWA, BY ENACTING A NEW CHAPTER 1.80, TO BE ENTITLED COUNCIL BLUFFS CIVIL SERVICE COMMISSION. MOTION TO APPROVE. SECOND. IS THERE A DISCUSSION? ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE. AYE. OPPOSED SAME SIGN. ORDINANCE ON 2ND READING. ORDINANCE 6652 AN ORDINANCE AMENDING THE AMENDED AND [A.  Ordinance 6652] RESTATED CONSOLIDATED URBAN REVITALIZATION AREA AMENDMENT 1 WITH THE CITY OF COUNCIL BLUFFS. MOTION TO APPROVE. SECOND. IS THERE A DISCUSSION? ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE. AYE . OPPOSED SAME SIGN. MOTION TO WAIVE THE THIRD. SECOND. IS THERE DISCUSSION ON THE MOTION TO WAIVE? ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE. AYE. AYE. OPPOSED SAME SIGN. RESOLUTION 2 5-1 64, A RESOLUTION AMENDING THE CITY'S INVESTMENT POLICY. [A.  Resolution 25-164] IS THERE A MOTION? MOTION TO APPROVE. SECOND. IS THERE A DISCUSSION? ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE. AYE. AYE. OPPOSED SAME SIGN. RESOLUTION 2 5-1 65, A RESOLUTION APPROVING THE CITY DEPOSITORIES AS REQUIRED BY THE CODE OF IOWA. [B.  Resolution 25-165] SECTION 12 .C.2. MOTION TO APPROVE. SECOND. IS THERE A DISCUSSION? ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE. AYE. AYE. OPPOSED SAME SIGN. RESOLUTION 2 5-1 67, A RESOLUTION ACCEPTING THE BID OF MINTURN, INC. [C.  Resolution 25-167] FOR THE SOUTHWEST PUMP STATION TRASH RACK REHAB. MOTION TO APPROVE. SECOND. IS THERE A DISCUSSION? ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE. AYE. OPPOSED SAME SIGN. RESOLUTION 2 5-1 68 A RESOLUTION TO CREATE A NEW ASSISTANT ATTORNEY II POSITION WITHIN THE LEGAL DEPARTMENT. [D.  Resolution 25-168] MOTION TO APPROVE. SECOND. IS THERE A DISCUSSION? WHEN I HAD ASKED MIMI ABOUT THIS, WE HAD TALKED ABOUT I TOLD HER I WASN'T IN FAVOR OF A THIRD POSITION IN THE LEGAL DEPARTMENT, BUT SHE HAD DISCUSSED APPROVING THIS ONE AND THEN NOT FILLING THE ASSISTANT CITY ATTORNEY, WHICH WOULD BE GRAHAM'S OLD SPOT AND SO I JUST. WHAT WAS DISCUSSED AT STUDY SESSION? SO AT A STUDY SESSION, WE TALKED ABOUT THIS A LITTLE BIT. AND FROM THE SOUNDS OF IT, WE'RE GOING TO HAVE TWO ATTORNEY II POSITIONS THAT WOULD BOTH BE ON THE SAME PLAYING FIELD OR THE SAME LEVEL, I GUESS YOU WOULD SAY. AND THEN AT SOME POINT IN THE NEAR LATER FUTURE, WE WOULD DISCUSS THE KIND OF RESTRUCTURING SO THAT WE DIDN'T HAVE AS MUCH CONFUSION AS WE [00:25:07] HAD IN THE LAST COUPLE OF MONTHS ABOUT WHAT DEPUTY ASSISTANT ATTORNEY MIGHT BE OR WHAT DEPUTY ATTORNEY MIGHT BE. WE ALSO TALKED ABOUT POTENTIALLY JUST ELIMINATING GRAHAM'S ROLE AND THEN CREATING A NEW POSITION WITH THE CORRECT TITLE SO. BUT IF WE AMEND THIS TONIGHT AND ABOLISH THAT POSITION THEN, AS I TOLD MIMI , YOU KNOW, SIX MONTHS OR A YEAR OR WHATEVER. WHEN SHE FILLS THE OTHER TWO ATTORNEY II POSITIONS AND THE WORKLOAD IS WE NEED A THIRD ONE IF THAT'S WHAT IT COMES OUT TO BE THEN WE FILL THAT POSITION. OTHERWISE, I SAY AGAIN, WE STILL HAVE TO CHANGE THE ASSISTANT CITY ATTORNEY TO THE CORRECT PAY GRADE BECAUSE TODAY THAT POSITION IS LOWER THAN ASSISTANT ATTORNEY II. IS MY UNDERSTANDING. RIGHT. SO IT WOULD BE MY SUGGESTION THAT WE ABOLISH THE POSITION THAT WE DON'T PLAN ON FILLING, AND WE CAN BRING THAT BACK UP AT ANOTHER POINT IN TIME. I THINK THAT WAS A GENERAL UNDERSTANDING. A LITTLE SLIGHTLY DO WE HAVE TO DO THAT? DO WE HAVE TO ABOLISH IT? OTHERWISE IT STILL JUST SITS OUT THERE. SO I DON'T THINK WE HAVE PROPER NOTICE TO ABOLISH THAT POSITION. SO KIND OF HOW I ENVISIONED US PROCEEDING IS JUST YOU HAVE MY WORD THAT I'M NOT FILLING IT. ULTIMATELY, YOU HAVE TO HAVE THE SAY ON A RESOLUTION IF I WERE TO BRING A CANDIDATE FORWARD ANYWAY. SO INSTEAD WHERE YOU ARE CREATING THE ATTORNEY II POSITION SO THERE'LL BE TWO OPEN ATTORNEY II POSITIONS THAT I CAN FILL FROM THE CURRENT POOL OF APPLICANTS. THERE'S GOING TO BE THIS OPEN POSITION THAT YEAH, I GUESS WE COULD JUST LEAVE IT OPEN HANGING OUT THERE, KIND OF REEVALUATE IN SIX MONTHS I DON'T FILL IT. AND POTENTIALLY, THAT COULD BECOME THE DEPUTY CITY ATTORNEY POSITION IF THAT'S THE ROUTE WE DECIDE TO GO AFTER FURTHER DISCUSSION. BUT THERE'S NOT A RESOLUTION I GUESS BEFORE THE COUNCIL TO ABOLISH THE OTHER POSITION. SO I JUST ASK THAT WE APPROVE THIS ASSISTANT CITY II, ASSISTANT CITY ATTORNEY II POSITION. AND THEN I DO NOT FILL GRAHAM'S POSITION, OF COURSE. AND THAT CANNOT HAPPEN WITHOUT YOU ANYWAY. CORRECT OKAY AS LONG AS YEAH. I MEAN, I FEEL LIKE WE'RE UNDER THE UNDERSTANDING I JUST THE POSITION IT HAS TO COME TO US NO MATTER WHAT. I JUST WANTED TO DOUBLE CHECK THAT WE SHOULDN'T, YOU KNOW, ABOLISH THAT ONE. BECAUSE WE'RE GOING TO CHANGE THAT JOB DESCRIPTION ANYWAY. YEAH. THAT WAS SOME OF THAT IS WHAT WE DISCUSSED THIS AFTERNOON BECAUSE WE'RE ALL. THERE WAS TOO MUCH CONFUSION BEFORE WE'RE TRYING TO FIGURE OUT THE HIERARCHY OF THINGS. AND SO I THINK WE'RE ALL ON THE SAME PAGE. YEAH, I GUESS WE'RE JUST TAKING IT STEP BY STEP AND KIND OF PUTTING OUT THE FIRST FIRE FIRST, WHICH IS GETTING THIS OTHER POSITION ESTABLISHED SO WE CAN GET THOSE FOLKS ON BOARD AND THEN KIND OF DOING THE CLEANUP LATER. OKAY THAT'S WHAT I WAS CALLING YOU ABOUT, MIMI. OKAY THANK YOU. ADDITIONAL DISCUSSION? ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE. AYE . OPPOSED SAME SIGN. RESOLUTIONS 25- 1 69 AND 25 -170. [E.  Resolutions 25-169 and 25-170] RESOLUTION 25 -169 GRANTING PRELIMINARY PLAN APPROVAL OF A 17 -LOT RESIDENTIAL SUBDIVISION TO BE KNOWN AS ARBOR CREEK 2ND ADITION, LEGALLY DESCRIBED AS BEING A REPLAT OF LOT 2 ARBOR CREEK LOCATION IS UNDEVELOPED LAND LYING SOUTH OF 1020 RAILROAD AVENUE. RESOLUTION 25 -170 IS TO AMEND THE ADOPTED PR PLANNED RESIDENTIAL DEVELOPMENT PLAN FOR ARBOR CREEK 2ND ADITION, LEGALLY DESCRIBED AS BEING A REPLAT OF LOT 2 ARBOR CREEK SUBDIVISION. MOTION TO APPROVE. SECOND. IS THERE A DISCUSSION? RON WOLF, 536 COLLEGE ROAD. THIS WILL COME AS QUITE A SHOCK TO THE MAYOR [LAUGHTER] AFTER SEVEN YEARS OF APPEARING HERE AND BEING AGAINST A VARIETY OF PROJECTS. THE NEIGHBORHOOD IS LARGELY IN FAVOR OF THIS. THAT SAID, WE'D LIKE TO REMIND THE CITY THAT COLLEGE ROAD, SEVEN YEARS LATER IS STILL TERRIBLE. WE'VE GONE FROM YEAR FOUR TO YEAR ONE TO NOT EVEN ON THE CIP. YOU GOT TO PAY ATTENTION TO IT. WE'VE GOT 18-WHEEL TRAFFIC GOING UP AND DOWN COLLEGE ROAD. IT'S A GOOD PATH COME ON, WE GOT IT. IT'S GOT TO BE AT LEAST THE BOTTOM IS GOING TO BE FIXED. [00:30:02] WE GOT TO GET SOME STORM SEWERS IN DOWN THERE. OTHERWISE THOSE MAINTAINER DITCHES, THE ROAD JUST SPREADS, IT GOES IN THE DITCH, AND IF YOU JUST PATCH IT, IT'LL BE THE SAME MESS A YEAR FROM NOW SO ANYWAY, IN FAVOR OF THIS PLAN PLEASE PAY ATTENTION TO COLLEGE ROAD. THANK YOU FOR YOUR INPUT. THANK YOU AND A LONG BATTLE [LAUGHTER]. I APPRECIATE THAT THE DEVELOPER WENT BACK, REWORKED EVERYTHING, CAME BACK WITH HOUSING, WHICH IS WE'RE ALL IN DESPERATE NEED OF AND I APPRECIATE YOU GUYS COMING TO TALK TONIGHT TO SAY THAT YOU'RE IN FAVOR OF IT THANK YOU. ADDITIONAL DISCUSSION? ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE. AYE. OPPOSED SAME SIGN. RESOLUTION 2 5-1 71 A RESOLUTION TO ADOPT A P-C /PLANNED COMMERCIAL DEVELOPMENT PLAN FOR 124 [F.  Resolution 25-171] -UNIT EXTENDED STAY HOTEL ON PROPERTY LEGALLY DESCRIBED AS LOT 1 MORRIS SUBDIVISION REPLAT 1 [LAUGHTER]. MOTION TO APPROVE. SECOND. IS THERE A DISCUSSION? ALL THOSE IN FAVOR? OH WAIT. OH, SORRY. ANDREW RAK 14503 GROVER STREET IN OMAHA. THE CIVIL ENGINEER ON THE PROJECT IS HERE TO ANSWER ANY QUESTIONS. ANY QUESTIONS? THANK YOU. FURTHER DISCUSSION? ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE. AYE. OPPOSED SAME SIGN. RESOLUTIONS 25- 172 AND 2 5-1 73 A RESOLUTION APPROVING A CHANGE ORDER #1 IN THE AMOUNT OF [G.  Resolutions 25-172 and 25-173] $82,120 FOR ADDITIONAL SOIL CLEANUP AND MITIGATION AT THE FORMER RELIANCE BATTERY FACTORY SITE. AND 25 -173 IS A RESOLUTION APPROVING THE AMOUNT OF $136,985.21 FOR DISPOSAL FEES FOR CONTAMINATED SOIL AT THE FORMER RELIANCE BATTERY FACTORY SITE. MOTION TO APPROVE. SECOND. IS THERE A DISCUSSION? ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE. AYE. OPPOSED SAME SIGN. RESOLUTION 2 5-1 74 IS A CORRECTIVE RESOLUTION TO VACATE AND DISPOSE OF LINDENBERG DRIVE RIGHT -OF -WAY [H.  Resolution 25-174] ADJACENT TO THE EASTERLY 80FT OF LOT 9, BLOCK 1 AND THE WESTERLY 30FT OF LOT 1 AND ALL OF LOT 2, BLOCK 3, ALL IN OAK GROVE ADITION. MOTION TO APPROVE. SECOND ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE. AYE. AYE. OPPOSED SAME SIGN. APPLICATIONS FOR PERMITS AND CANCELLATIONS 8.A 1-3. [A.  Liquor Licenses] [B.  Retail Tobacco Permit - Renewals (14)] [C.  Retail Device Permit - (2) (New permit per SF345)] [D.  Special Event Application (Fireworks)] [E.  Noise Variance] 8 B, C, D AND E. MOTION TO APPROVE. SECOND. WE AMEND E FOR THE DATE OF AUGUST 2ND? YES. THE DATE WAS OFF OF THERE SO IT'S AUGUST 2ND. YEAH AND IF I COULD INTERRUPT, I THOUGHT WE WERE GOING TO TAKE UP THE MOTION TO GRANT THE EXCEPTION TO THE DEADLINE BEFORE WE MOVE TO APPROVE 8 E. THAT'S UP. YEAH AND ON THAT 8. F I WAS TOLD TODAY THAT THE VARIANCE WAS TILL 11:00 THIS IS ALMOST 1:00. OR IS THAT WHEN THEY BROUGHT IT IN TO ASK FOR? OH, THAT'S WHEN THEY BROUGHT IT IN AND WE HAD TO SPEAKERS] ON THERE. I THOUGHT THEY WERE GOING TO THE BAND WAS GOING TO PLAY TILL 1:00 IN THE MORNING [LAUGHTER]. THAT I HAD. AND THE APPLICATION IS ON THE BACK OF THE COUNCIL NOTES PAGE. OKAY. IF YOU WANT TO SEE THE APPLICATION. ALL RIGHT. SO WE'RE AMENDING 8.E TO ADD THE DATE OF AUGUST 2ND ON IT. CORRECT. AND THEN WE'LL TAKE F AS A SEPARATE DEAL. YEAH YEAH. SO WE'RE AMENDING IT TO 8 A THROUGH E. YEAH A THROUGH E. OKAY. AND THEN WE'LL DO F SEPARATE. YEP. ALL RIGHT THE MOTION IS TO APPROVE APPLICATIONS P ERMITS 8 A THROUGH E. IS ANY FURTHER DISCUSSION? ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE. AYE. OPPOSED SAME SIGN. AND NOW WE'RE GOING TO DO 8.F [F.  Noise Variance (Added 6/23/2025 at 12:45 PM)] TO. SURE SO WE ARE CONSIDERING GRANTING AN EXCEPTION OR HAVING THE CITY COUNCIL GRANT AN EXCEPTION TO THE APPLICATION DEADLINE AND IN ORDER TO DO SO THERE HAS TO BE GOOD CAUSE. SO THE GOOD CAUSE IN THIS CASE IS WE ARE IN ONE OF THOSE SITUATIONS WHERE WE'RE THREE WEEKS OUT FROM THE NEXT MEETING. [00:35:09] SO THIS GAL CAME IN THINKING SHE'S IN ADVANCE OF THIS MEETING SURELY SHE'S GOING TO MAKE IT. PRIOR TO HER, I THINK IT'S A GRADUATION PARTY AND INSTEAD THERE WASN'T QUITE ENOUGH TIME. SO THE TWO OPTIONS WERE TO MAKE THIS MOTION TODAY OR HAVE A SPECIAL COUNCIL MEETING. SO, IN THE INTEREST OF GOVERNMENT EFFICIENCY. WE THOUGHT IT WOULD BE BEST TO HAVE THIS ISSUE TAKEN UP TONIGHT. I MOVE TO GRANT THE EXCEPTION FOR THE APPLICATION DEADLINE FOR THE REASONS STATED BY OUR CITY ATTORNEY. SECOND. IS THERE A DISCUSSION? ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE. AYE. AYE. OPPOSED SAME SIGN. MOTION TO APPROVE 8. F. SECOND. IS THERE A DISCUSSION? ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE. AYE. OPPOSED SAME SIGN. ANY OTHER BUSINESS? ANY CITIZENS REQUESTING TO BE HEARD. ANYONE FROM THE COUNCIL? ALL RIGHT THANK YOU VERY MUCH HAVE A GREAT WEEK AND WE WON'T BE BACK BEFORE THE 4TH OF JULY. PLEASE BE CAREFUL PLEASE CONSIDER YOUR NEIGHBORS WHEN YOU DISCHARGE FIREWORKS THANK YOU. * This transcript was compiled from uncorrected Closed Captioning.