Minutes_City Council Proceedings 3 18 19 Copyrighted
April 1 , 2019
City of Dubuque Consent Items # 1.
ITEM TITLE: Minutes and Reports Submitted
SUMMARY: City Council Proceedings of 3/18; Parkand Recreation
Commission of 3/12; TransitAdvisory Board of 3/14; Proof
of Publication for City Council Proceedings of 2/25, 2/27,
3/4, 3/7, 3/11 ; Proof of Publication for List of Claims and
Summary of Revenues for Month Ending 2/28.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File
ATTACHMENTS:
Description Type
City Council Proceedings of 3/18/19 Supporting Documentation
Park and Recreation Commision Minutes of 3/12/19 Supporting Documentation
TransitAdvisory Board Minutes of 3/14/19 Supporting Documentation
Proof of Publication for City Council Proceedings of Supporting Documentation
2/25/19
Proof of Publication for City Council Proceedings of Supporting Documentation
2/27/19
Proof of Publication for City Council Proceedings of Supporting Documentation
3/4/19
Proof of Publication for City Council Proceedings of Supporting Documentation
3/7/19
Proof of Publication for City Council Proceedings of Supporting Documentation
3/11/19
Proof of Publication for List of Claims/Summary of Supporting Documentation
Revenues for Month Ending 2/28/19
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
The Dubuque City Council met in special session at 530 p.m. on March 18, 2019 in
the second-floor Council Chambers of the Historic Federal Building, 350 W. 6�h Street.
Present: Mayor Buol; Council Members Del Toro, Jones, Larson, Resnick, Rios
(Joined at 533 p.m.); City Manager Van Milligen, City Attorney Brumwell
Absent: Council Member Shaw
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 the Project H.O.P.E. quarterly report.
WORK SESSION
Project H.O.P.E. Quarterly Report
Peter Supple, Economic Opportunity Coordinator for the Community Foundation of
Greater Dubuque, thanked the City Council for continued funding and introduced the work
session. Topics included:
Current Initiatives
. Dubuque College Access Network (DCAN)
. Child Care Accessibility
o Child Care Solutions Summit
o GDDC/NICC partnership
o Employer/Business Coalition
. Community EngagementM/ashington Neighborhood 2019 Planning
. Brain Health
o First aid training for law enforcement
o Mobile crisis unit
o Wrap-around program for resolving identified jail issues with inmates with
acute brain health behaviors
o Establishing access centers across lowa / training
o Mapping/convening all providers / committees related to brain health or
substance abuse
o Trauma-informed group
. Volunteer Income Tax Assistance (VITA)
o United Way, Operation New View and AARP, St. Matthew's Lutheran
Church
Massachusetts Institute of Technology (MIT)
. Welcome MIT students in attendance
. Project overview
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o Creating a career pipeline to attract and engage low-income and minority
residents
o Report in May 2019
There being no further business, upon motion the City Council adjourned at 5:47 p.m.
/s/Kevin S. Firnstahl, CMC
City Clerk
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CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:00 p.m. on 18 h day of March
2019 in the second-floor Council Chambers of the Historic Federal Building, 350 W. 6 n
Street.
Present: Mayor Buol; Council Members Del Toro, Jones, Larson, Resnick, Rios; City
Manager Van Milligen, City Attorney Brumwell
Absent: Council Member Shaw
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
PRESENTATION(S)
1 . lowa Tourism Outstanding Community Award Presentation: Travel Dubuque
CEO/President Keith Rahe presented the lowa Tourism "Outstanding Community" award
in the metro category from the Travel lowa Industry Partners.
2. Presentation of 365ink Impact Award: Bryce Parks of 365ink presented the Impact
Award to Police Chief Mark Dalsing.
3. The Big Muddy Cup 2018 Top Metros: Greater Dubuque Development Corporation
President/CE) Rick Dickinson presented the Big Muddy Cup 2018 Top Metros from the
March 2019 Site Selection Magazine.
PROCLAMATION(S)
1 . Scandinavian Music and Culture Week (March 18-23, 2019) was accepted by Mayor
Buol.
2. Procurement Month / Buyer's Day Proclamation (March 2019) was accepted by City
of Dubuque Purchasing Coordinator Tony Breitbach.
3.Junior Achievement Day (April 4, 2019) was accepted by JA Development Director
Scott Ellerbach.
4. Keep lowa Beautiful Month (April 2019) was accepted by Laura Roussell, [Hoby] Toby
Wood and Cheryl Sheldon of Dubuque Trees Forever.
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CONSENTITEMS
Motion by Resnick to receive and file the documents, adopt the resolutions, and
dispose of as indicated. Seconded by Del Toro. Motion carried 6-0.
1 . Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of
2/26; Cable TV Commission of 3/6; City Council proceedings of 3/4, 3/7, 3/11 ; Civil
Service Commission of 3/7; Community Development Advisory Commission of 1/16;
Housing Commission of 3/8; Historic Preservation Commission of 2/21 ; Human Rights
Commission of 3/8; Library Board of Trustees Minutes of 1/24 and Council Update #180
of 2/28; Long Range Planning Advisory Commission of 2/25; Resilient Community
Advisory Commission of 3/7; Zoning Advisory Commission of 3/18; Zoning Board of
Adjustment of 2/28; Proof of publication for City Council proceedings of 2/18, 2/21 . Upon
motion the documents were received and filed.
2. Notice of Claims and Suits: Joseph Burbach for property damage, Matt McFadden /
Mak's Bait Shack for property damage, Roeder's Outdoor Power / James Roeder for
vehicle damage, Robert Sigwarth for vehicle damage. Upon motion the documents were
received, filed, and referred to the City Attorney.
3. Disposition of Claims: City Attorney advising that the following claims have been
referred to Public Entity Risk Services of lowa, the agent for the lowa Communities
Assurance Pool: Joseph Burbach for property damage, Hope Ehlinger for vehicle
damage, Zachary Hallman for vehicle damage, Matt McFadden / Mak's Bait Shack for
property damage, Roeder Outdoor Power / James Roeder for vehicle damage, and
Robert Sigwarth for vehicle damage. Upon motion the documents were received, filed,
and concurred.
4. Approval of City Expenditures: City Manager recommending Council approval for
payment of City expenditures. Upon motion the documents were received and filed, and
Resolution No. 92-19 Authorizing the Finance Director-City Treasurer to make certain
payments of bills that must be paid and approved for payment in accordance with City
procedures was adopted.
5. 2019 Construction Projects: City Manager providing copies of the public information
flyers regarding the 2019 road construction projects and for navigating traffic during
construction. Upon motion the document was received and filed.
6. Memorandum of Understanding with Travel Dubuque for the 2019 Growing
Sustainable Communities Conference: City Manager recommending approval of a one-
year Conference Management Contract with Travel Dubuque to host the 2019 Growing
Sustainable Communities Conference. Upon motion the documents were received, filed
and approved.
7. U.S. Department of Housing and Urban Development (HUD) Amendment to Lead
Hazard Control Grant Award: City Manager recommending approval of the Department
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of Housing and Urban Development (HUD) Lead Hazard Control Grant Assistance
Award/Amendment for Lead Hazard Control and Healthy Homes interventions to be
completed in 120 units by September 2022. Upon motion the documents were received,
filed and approved.
8. Civil Service Commission - Certified Lists: Civil Service Commission submitting the
Certified Lists for the positions of Water Distribution Maintenance Worker and Help Desk
Support Technician. Upon motion the documents were received, filed and made a Matter
of Record.
9. Grand River Center Second Amendment to Management Agreement: City Manager
recommending approval of the Second Amendment to the Grand River Center Facility
Management Agreement between the City of Dubuque and Platinum Hospitality Group
extending the Agreement to May 25, 2020. Upon motion the documents were received
and filed, and Resolution No. 93-19 Approval of a Second Amendment to the Facility
Management Agreement between the City of Dubuque, lowa and Platinum Hospitality
Group, LLC was adopted.
10. Acceptance of Grants of Easements for Water Main and Sanitary Sewer Utilities
from Property Owners on Marquette Place: City Manager recommending acceptance of
Grants of Easement for Water Main and Sanitary Sewer Utilities across properties on
Marquette Place in the City of Dubuque as part of the Marquette Place Street Sanitary
Sewer and Water Main Reconstruction Project. Upon motion the documents were
received and filed, and Resolution No. 94-19 Accepting Grants of Easement for certain
public utilities associated with the Marquette Place Sanitary Sewer & Water Main
Reconstruction Project in the City of Dubuque, lowa was adopted.
11 . AT&T Comments on Small Cell Guidelines: Senior Counsel submitting
correspondence from AT&T regarding the City of Dubuque's Small Cell Guidelines
adopted at the January 7, 2019 City Council meeting. Upon motion the documents were
received and filed.
12. Care Initiatives Property Tax Appeal Settlement: Senior Counsel transmitting a
Property Tax Appeal settlement advising that the Care Initiatives property at 2835
Kaufmann Avenue be classified as residential. Upon motion the documents were received
and filed.
13. McCarthy et al. vs. DRA, Q Casino, Hilton Garden Inn, and City of Dubuque: Senior
Counsel providing an update of the negligence lawsuit brought by Kathleen McCarthy on
behalf of Matthew McCarthy. Upon motion the documents were received and filed.
14. Q Casino Request for Pyrotechnics Display: Q Casino requesting approval of a
Fireworks Permit Application for a display of pyrotechnics on April 13, 2019 and April 28,
2019 at approximately 8:00 p.m. for a performance inside the Q Casino. Upon motion the
document was received, filed and approved.
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15. Public, Educational, and Government (PEG) Capital Grant Expenditure Request:
City Manager recommending approval of the Cable TV Commission's request for funding
from the Public, Educational, and Government (PEG) Capital Grant forAccess Equipment
and Facilities to purchase equipment for Loras College and the City of Dubuque. Upon
motion the documents were received, filed and approved.
16. Four Mounds Park Ecological Restoration Plan: City Manager recommending
approval and adoption of the Four Mounds Park Ecological Restoration Plan. Upon
motion the documents were received, filed and approved.
17. State of lowa Business Financial Assistance Contract by and among Dupaco
Voices LLC; Dupaco RE Management, LLC; Dupaco Holding, LLC; Dupaco Community
Credit Union; City of Dubuque; and lowa Economic Development Authority: City Manager
recommending approval of a State of lowa Business Financial Assistance Contract by
and among Dupaco Voices LLC; Dupaco RE Management, LLC; Dupaco Holding, LLC;
Dupaco Community Credit Union; the City of Dubuque; and the lowa Economic
Development Authority for the investment in Dupaco's Dubuque operations. Upon motion
the documents were received and filed, and Resolution No. 95-19 Authorizing the
execution of a Contract for State Business Financial Assistance by and among Dupaco
Voices LLC; Dupaco Re Management, LLC; Dupaco Holding, LLC; Dupaco Community
Credit Union; City of Dubuque; and the lowa Economic Development Authority was
adopted.
18. Urban Sustainability Director's Network (USDN) Equity, Diversity and Inclusion
Fellow Position: City Manager recommending approval of a temporary, full-time Urban
Sustainability Director's Network (USDN) Equity, Diversity and Inclusion Fellow to be
hosted in Dubuque for twelve weeks during the summer of 2019. Upon motion the
documents were received, filed and approved.
19. Complete Action on Stormwater Management Utility Revenue Capital Loan Notes,
Series 2019 (State of lowa Revolving Fund Loan): City Manager recommending approval
of the suggested proceedings to complete action required on the Stormwater Revenue
Capital Loan Notes Series 2019 (State of lowa Revolving Fund Loan). Upon motion the
documents were received and filed, and Resolution No. 96-19 Approving and authorizing
a Form of Loan and Disbursement Agreement by and between the City of Dubuque, lowa
and the lowa Finance Authority, and authorizing and providing for the issuance and
securing the payment of $16,382,000 Stormwater Management Utility Revenue Capital
Loan Notes, Series 2019, of the City of Dubuque, lowa under the provisions of the Code
of lowa, and providing for a Method of Payment of said Notes; approval of the Tax
Exemption Certificate was adopted.
20. Adopting Code of Ordinances Supplement No. 31 : City Clerk recommending
adoption of Supplement No. 31 to the City of Dubuque Code or Ordinances. Upon motion
the documents were received and filed, and Resolution No. 97-19 Adopting Supplement
No. 31 to the Code of Ordinances of the City of Dubuque, lowa was adopted.
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21 . Residential Parking Permit District Petition for Keyway Drive: Citizen petition
requesting a residential parking permit district designation for Keyway Drive from
Pennsylvania Avenue to Keymont Drive. Upon motion the document was received, filed,
and referred to the City Manager.
22. lowa Governor's STEM Advisory Council Letter of Support: City Manager providing
a copy of correspondence sent to the lowa Governor's STEM Advisory Council supporting
Audubon School's endeavors to teach students computer skills through the Computer
Science is Fundamental Grant. Upon motion the document was received and filed.
23. Office of the Governor - lowa Finance Authority Board of Directors:
Correspondence from Governor Kim Reynolds advising that City Manager Michael Van
Milligen has been appointed as a member of the lowa Finance Authority Board of
Directors from May 1 , 2019 to April 30, 2025. Upon motion the document was received
and filed.
24. lowa Department of Transportation (IDOT) Notice of Pipe Culverts Project:
Correspondence from the lowa Department of Transportation (IDOT) informing the City
of an IDOT pipe culverts project taking place during the 2019 construction season
between Hwy 151/61 and St. Catherine Road. Upon motion the document was received
and filed.
25. United States Department of Agriculture (USDA) Notice of Rescheduled Public
Hearings: Correspondence from the USDA notifying the City of scheduled public
meetings for the Cardinal-Hickory Creek 345-kV Transmission Line Draft Environmental
Impact Statement. Upon motion the document was received and filed.
26. Improvement Contracts / Performance, Payment and Maintenance Bonds:
Voltmer, Inc. for the NW Arterial and Plaza Drive Mastarm Replacement Project. Upon
motion the document was received, filed and approved.
27. Alcohol License Applications: City Manager recommending approval of annual
beer, liquor and wine licenses as submitted. Upon motion the documents were received
and filed, and Resolution No. 98-19 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 was adopted.
ITEMS SET FOR PUBLIC HEARING
Motion by Resnick to receive and file the documents, adopt the resolutions, set the
public hearings as indicated, and direct the City Clerk to publish notice as prescribed by
law. Seconded by Del Toro. Motion carried 6-0.
1 . Proposed Master Agreement and Intent to Dispose of an Interest in Real Property
Owned by the City of Dubuque by Lease Agreement between the City of Dubuque and
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the State of lowa, Telecommunications and Technology Commission: City Manager
recommending that the City Council set a public hearing for April 1 , 2019, on the Master
Agreement for Shared Use Projects and Lease Agreement for space within a City
telecommunications facility located at 1515 W. 3rd Street between the City and the State
of lowa, Telecommunications and Technology Commission, operating as the lowa
Communications Network (ICN). Upon motion the documents were received and filed and
Resolution No. 99-19 Resolution of Intent to dispose of an interest in real property owned
by the City of Dubuque by leases between the City of Dubuque, lowa and the lowa
Communications and Technology Commission was adopted setting a public hearing for
a meeting to commence at 6:00 p.m. on April 1 , 2019 in the Historic Federal Building.
2. Prairie Farms Dairy, Inc. - Development Agreement: City Manager recommending
that the City Council set a public hearing for April 1 , 2019, to consider a Development
Agreement for the Prairie Farms Dairy, Inc. property located at 3510 Central Avenue.
Upon motion the documents were received and filed and Resolution No. 100-19 Fixing
the date for a public hearing on the City Council of the City of Dubuque, lowa on a
proposed development Agreement between the City of Dubuque, lowa and Prairie Farms
Dairy, Inc. including the issuance of Urban Renewal Tax Increment Revenue Obligations,
and providing for the publication of notice thereof was adopted setting a public hearing
for a meeting to commence at 6:00 p.m. on April 1 , 2019 in the Historic Federal Building.
BOARDS/COMMISSIONS
Appointments were made to the following commissions.
1 . Community Development Advisory Commission: One, 3-Year term through
February 15, 2020 (Vacant term of James). Applicant: Ellen Pinnola, 1420 Glen Oak St.
Motion by Jones to appoint Ms. Pinnola to the 3-year term through February 15, 2020.
Seconded by Resnick. Motion carried 6-0.
2. Long Range Planning Advisory Commission: One, 3-Year term through July 1 , 2020
(Vacant term of James); and one, 3-Year term through July 1 , 2021 (Vacant term of
Darter). Applicants: Michael Peroski, 1935 Coates St.; and Tyler Stoffel, 960 Boyer St.
Motion by Larson to appoint Mr. Peroski to the 3-year term through July 1 , 2020; and Mr.
Stoffel to the 3-year term through July 1 , 2021 . Seconded by Del Toro. Motion carried 6-
0.
3. Mechanical and Plumbing Code Board: One, 3-Year term through March 16, 2022
(Expiring term of Hillary). Applicant: Daniel Hillary, 3087 Arbor Oaks Dr. Motion by Jones
to appoint Mr. Hillary to the 3-year term through 2022. Seconded by Resnick. Motion
carried 6-0.
PUBLIC HEARINGS
1 . Request to Rezone - SWAD, LLC for Property West of English Mill Road and South
of the Southwest Arterial: Proof of publication on notice of public hearing to consider
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approval of a request from Michael Portzen, SWAD, LLC to rezone property west of
English Mill Road and south of the SW Arterial from A-1 County Agricultural Zoning
District to C-3 General Commercial Zoning District in conjunction with annexation, and
the Zoning Advisory Commission recommending approval. Motion by Larson to receive
and file the documents and that the requirement that a proposed ordinance be considered
and voted on for passage at two Council meetings prior to the meeting at which it is to be
passed be suspended. Seconded by Jones. Planning Services Manager Laura Carstens
provided a staff report and the developer was present. Motion carried 6-0.
Motion by Larson for final consideration and passage of Ordinance No. 18-19
Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development
Code, by reclassifying hereinafter described property, in conjunction with annexation,
located north of Shrewsbury Lane from County A-1 Agricultural District to City C-3
General Commercial District. Seconded by Jones. Motion carried 6-0.
2. Voluntary Annexation Request - SWAD, LLC: Proof of publication on notice of public
hearing to consider approval of a 100°k voluntary annexation request filed by Michael
Portzen, SWAD, LLC, for approximately 28.48 acres of property located south of the
Southwest Arterial, west of English Mill Road and north of English Ridge Subdivision
owned by the Carolyn S. Haupert Trust, concurrent with rezoning, and the City Manager
recommending approval. Motion by Del Toro to receive and file the documents and adopt
Resolution No. 101-19 Approving an application for voluntary annexation of territory to
the City of Dubuque, lowa. Seconded by Jones. Motion carried 6-0.
3. Request to Rezone 1640 Main Street: Proof of publication on notice of public hearing
to consider a request from Terry Wilson to rezone property located at 1640 Main Street
from R-4 Multi-Family Residential Zoning District to OR Office Residential Zoning District,
and the Zoning Advisory Commission recommending approval. Motion by Resnick to
receive and file the documents and that the requirement that a proposed ordinance be
considered and voted on for passage at two Council meetings prior to the meeting at
which it is to be passed be suspended. Seconded by Del Toro. Planning Services
Manager Laura Carstens provided a staff report. The developer was present. Motion
carried 6-0.
Motion by Resnick for final consideration and passage of Ordinance No. 19-19
Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development
Code, by reclassifying hereinafter described property located at 1640 Main Street from
R-4 Multi-Family Residential District to OR Office Residential District. Seconded by Del
Toro. Motion carried 6-0.
4. 2019 Decorative Concrete Maintenance Project: Proof of publication on notice of
public hearing to consider approval of the plans, specifications, form of contract and
estimated cost of the 2019 Decorative Concrete Maintenance Project, and the City
Manager recommending approval. Motion by Del Toro to receive and file the documents
and adopt Resolution No. 102-19 Approval of plans, specifications, form of contract, and
estimated cost for the 2019 Decorative Concrete Maintenance Project. Seconded by
Larson. Motion carried 6-0.
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5. Seippel Road Water Main Relocation Project - Landfill Access Frontage Road: Proof
of publication on notice of public hearing to consider approval of the plans, specifications,
form of contract and estimated cost for the Seippel Road Water Main Relocation Project,
and the City Manager recommending approval. Motion by Resnick to receive and file the
documents and adopt Resolution No. 103-19 Approval of plans, specifications, form of
contract, and estimated cost for the Seippel Road Water Main Relocation Project.
Seconded by Jones. Motion carried 6-0.
6. Greater powntown Urban Renewal District - Resolution of Adoption: Proof of
publication on notice of public hearing to consider approval of the Resolution of Adoption
for the Amended and Restated Urban Renewal Plan for the Greater powntown Urban
Renewal District, and the City Manager recommending approval. Motion by Del Toro to
receive and file the documents and adopt Resolution No. 104-19 Approving the Amended
and Restated Urban Renewal Plan for the Greater powntown Urban Renewal District.
Seconded by Resnick. Motion carried 6-0.
ACTION ITEMS
1 . Crescent Community Health Center 2018 Year in Review: Crescent Community
Health Center Board Chair and City of Dubuque Public Health Specialist Mary Rose
Corrigan submitting the Crescent Community Health Center 2018 Year in Review with a
short video presentation. Motion by Larson to receive and file the document and watch
the video. Seconded by Del Toro. Brooke Gomez, Interim CEO for Crescent Community
Health Center, provided a brief, verbal update and stated that the Center will do a phased
move-in to its new facility expected during October/November 2019. Motion carried 6-0.
2. Miracle League of Dubuque Construction Plan Approval and Presentation: City
Manager recommending approval of the plans and specifications for the Miracle League
of Dubuque Project and Presentation. Motion by Larson to receive and file the documents
and watch the presentation. Seconded by Del Toro. Ken Johnson and Benjamin Beard
with Straka Johnson Architects provided a brief slide presentation on the history and
design of the project adding that they expect to start construction soon and complete the
project in Fall 2019. Motion carried 6-0.
3. Pre-Annexation Agreement -IADU Table Mound MHP, LLC (d/b/a RV Horizons):
City Manager recommending approval of a Pre-Annexation Agreement with IADU Table
Mound MHP, LLC d/b/a RV Horizons for the Table Mound Trailer Park, in conjunction
with a request to connect to City water and sewer. Motion by Del Toro to receive and file
the documents and adopt Resolution No. 105-19 Approving a Pre-Annexation Agreement
between the City of Dubuque, lowa and David H. Reynolds, President, RV Horizons, Inc.;
and Resolution No. 106-19 Amending Resolution No. 201-18 Approving a Memorandum
of Understanding between the City of Dubuque and IADU Table Mound MHP, LLC for
repairs and improvements to its water distribution and sanitary sewer collection system.
Seconded by Resnick. Motion carried 6-0.
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4. Award Marquette Place Sanitary Sewer and Water Main Extension Project: City
Manager recommending award of the Marquette Place Sanitary Sewer and Water Main
Extension Project construction contract to the low bidder Top Grade Excavating, Inc.
Motion by Resnick to receive and file the documents and adopt Resolution No. 107-19
Awarding public improvement contract for the Marquette Place Sanitary Sewer and Water
Main Reconstruction Project. Seconded by Del Toro. Motion carried 6-0.
5. Mobile Vendor Agreement and Application: City Manager recommending approval
of the establishment of a new Mobile Vendor Agreement and Permit Application process.
Motion by Del Toro to receive and file the documents and approve the recommendation.
Seconded by Resnick. Motion carried 6-0.
There being no further business, upon motion the City Council adjourned at 6:52 p.m.
/s/Kevin S. Firnstahl, CMC
City Clerk
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