7 21 08 City Council Agenda_Icons
ROLL CALL ORDER
FOR MEETING OF
7/21/08
BUOL
CONNORS
JONES
LYNCH
RESNICK
VOETBERG
BRAIG
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
6:30 P.M.
HISTORIC FEDERAL BUILDING
MONDAY, JULY 21, 2008
PLEDGE OF ALLEGIANCE
INVOCATION
Pastor Tom Zinkula, Holy Spirit Pastorate
CONSENT ITEMS
The consent agenda items are considered to be routine and non-controversial and all consent
items will be normally voted upon in a single motion without any separate discussion on a
particular item. If you would like to discuss one of the Consent Items, please go to the
microphone and be recognized by the Mayor and state the item you would like removed from
the Consent Agenda for separate discussion and consideration.
1. Minutes and Reports Submitted
City Council of 7/7; Civil Service Commission of 6/17; Historic Preservation Commission
of 6/19; Park and Recreation Commission of 6/10 and 7/8; Zoning Advisory Commission
of 7/20; Zoning Board of Adjustment of 6/26
Suggested Disposition: Receive and File
Park and Rec - 6/10Park and Rec of 7/8
City CouncilCivil ServiceHPC
Zoning AdvisoryZoning Bd of Adj
2. Notice of Claims/Suits
Terrell Mitchem for vehicle damage; Dennis McCarthy for property damage; Portzen
Construction d/b/a/ Dubuque Plumbing and Heating Company for costs incurred on
public improvement project
Suggested Disposition: Receive and File; Refer to City Attorney
City Attorney advising that the following claims have been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Communities Assurance Pool: Jim Huff for
vehicle damage; Dennis McCarthy for property damage; Justin Ramos for vehicle
damage; Laddie Sula for vehicle damage
Suggested Disposition: Receive and File; Concur
Claims - ICAP
3. Fiscal Year 2009 Community Development Block Grant (CDBG) Agreement
City Manager recommending approval of the Fiscal Year 2009 Community
Development Block Grant (CDBG) Agreement with the U.S. Department of Housing and
Urban Development (HUD) in the amount of $1,209,427.
RESOLUTION
Authorizing execution of a Community Development Block Grant
Agreement with the U.S. Department of Housing and Urban Development
Suggested Disposition: Receive and File; Adopt Resolution
CDBG - MVM MemoCDBG - Staff MemoCDBG - ResolutionCDBG - Agreement
4. Purchase of Property – Bricktown Parking Lot
City Manager recommending acceptance of the Warranty Deed from Paul M. Fahey for
purchase of the Bricktown Parking Lot at 280 Locust Street.
RESOLUTION
Accepting the deed to certain real estate in Dubuque County, Iowa from
Paul M. Fahey
Suggested Disposition: Receive and File; Adopt Resolution
Bricktown - MVM Bricktown - BAL Bricktown - Bricktown - Warranty
MemoMemoResolutionDeed
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5. 2009 Fireworks Display
Communication from the Dubuque Jaycees, KDTH, KATF, KGRR and The River
requesting permission to conduct a fireworks display on Thursday, July 3, 2009 (rain
date of July 4, 2009) on Volunteer Road.
Suggested Disposition: Receive and File; Approve
Fireworks Ltr
6. Request to Vacate City Property
Communication from Brian J. Kane, representing Thomas A. Luksetich, requesting to
purchase a 9,000 square foot parcel of City-owned property on Kerper Boulevard.
Suggested Disposition: Receive and File; Refer to City Manager
Kane Ltr
7. Every Child / Every Promise
Communication from Mae Hingtgen, Executive Director, expressing appreciation to the
City of Dubuque for support of the Every Child / Every Promise initiative.
Suggested Disposition: Receive and File
Hingtgen Ltr
8. Civil Service Commission
Civil Service Commission submitting the certified lists for the positions of Utility Locator,
Engineering Technician and Law Enforcement User Support Specialist.
Suggested Disposition: Receive and File; Make a Matter of Record
Civil Service Ltrs
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9. 2008 Weed Assessments
City Manager recommending approval of the levy of special assessments for the first
half of the 2008 Weed Enforcement Program.
RESOLUTION
Adopting the schedule of assessments for the first half of the 2008
Weed Enforcement Program specifying the number of annual installments into which
assessments are divided, the interest on all unpaid installments, the time when the
assessments are payable and directing the Clerk to certify the schedule of assessments
to the County Treasurer and to publish notice thereof
Suggested Disposition: Receive and File; Adopt Resolution
Weeds - MVM MemoWeeds - Staff MemoWeeds - Resolution2008 Weed
Assessments
10. US 20 Capacity Improvements Project – Phase II
City Manager recommending acceptance of the US 20 Capacity Improvements Project
– Phase II, as completed by Voltmer, Inc. of Decorah, Iowa, in the final contract amount
of $271,558.75.
RESOLUTION
Accepting the US 20 (Devon Drive to Menards) Capacity Improvements
Project – Phase II, Traffic Signal and Intelligent Transportation System Improvements
(STP-A-020-9(187)--22-31) and authorizing payment of the contract amount to the
contractor
Suggested Disposition: Receive and File; Adopt Resolution
US 20 - Staff MemoUS 20 - Resolution
US 20 - MVM Memo
11. Raven Oaks Drive – Plat of Survey
City Manager recommending approval of a request from the Dubuque County Auditor
for the platting of the balance of Raven Oaks Drive.
RESOLUTION
Approving plat of survey of Lot 4B of Raven Oaks No. 2
Suggested Disposition: Receive and File; Adopt Resolution
Raven Oaks - Staff Raven Oaks -
Raven Oaks - MVM
MemoResolution
Memo
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12. Iowa Department of Transportation
Communication from Nancy J. Richardson, Director – Iowa Department of
Transportation, expressing appreciation to the City of Dubuque for assistance during the
I-80 traffic detour through Dubuque.
Suggested Disposition: Receive and File
IDOT Ltr
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13. Purchase of Property – 504 East 22 Street
City Manager recommending approval of the purchase of a residential rental dwelling at
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504 East 22 Street as part of the acquisition program associated with the Bee Branch
Creek Restoration Project.
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RESOLUTION
Approving the acquisition of real estate located at 504 East 22 Street
in the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
504 E 22nd - MVM 504 E 22nd - Staff 504 E 22nd -
MemoMemoResolution
14. Purchase of Property – 2251 Elm Street
City Manager recommending approval of the purchase of a residential dwelling at 2251
Elm Street as part of the acquisition program associated with the Bee Branch Creek
Restoration Project.
RESOLUTION
Approving the acquisition of real estate located at 2251 Elm Street in the
City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
2251 Elm - MVM 2251 Elm - Staff 2251 Elm -
MemoMemoResolution
15. Purchase of Property – 2120 Kniest Street
City Manager recommending approval of the purchase of a residential dwelling at 2120
Kniest Street as part of the acquisition program associated with the Bee Branch Creek
Restoration Project.
RESOLUTION
Approving the acquisition of real estate located at 2120 Kniest Street in
the City of Dubuque
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Suggested Disposition: Receive and File; Adopt Resolution
2120 Kniest - MVM 2120 Kniest - Staff 2120 Kniest -
MemoMemoResolution
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16. Purchase of Property – 324 East 24 Street
City Manager recommending approval of the purchase of a residential rental dwelling at
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324 East 24 Street as part of the acquisition program associated with the Bee Branch
Creek Restoration Project.
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RESOLUTION
Approving the acquisition of real estate located at 324 East 24 Street in
the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
324 E 24th - MVM 324 E 24th - Staff 324 E 24th -
MemoMemoResolution
17. Purchase of Property – 2243 Prince Street
City Manager recommending approval of the purchase of a residential rental dwelling at
2243 Prince Street as part of the acquisition program associated with the Bee Branch
Creek Restoration Project.
RESOLUTION
Approving the acquisition of real estate located at 2243 Prince Street in
the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
2243 Prince - MVM 2243 Prince - Staff 2243 Prince -
MemoMemoResolution
18. Jackson Park Bicycle Rack
Historic Preservation Commission recommending approval of the custom-made bicycle
rack in Jackson Park as submitted.
Suggested Disposition: Receive and File; Approve
Bike Rack - Bike Rack - Staff Bike Rack - Bike Rack - Aerial Streetscape
Bike Rack - HPC Ltr
ApplicationReportRenderingPhotoGuidelines
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19. Plat of Survey of Riedl Place
Zoning Advisory Commission recommending approval of the plat of survey of Riedl
Place.
RESOLUTION
Approving the plat of survey of Riedl Place in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
Plat - ZAC LtrPlat - Staff MemoPlat of SurveyPlat - Resolution
20. Water Meter Review and Testing Project
City Manager recommending approval of the selection of HDR to complete the Water
Meter Review and Testing Project at a cost not to exceed $50,000.
Suggested Disposition: Receive and File; Approve
Testing - MVM MemoTesting - Staff MemoTesting - HDR HDR Revised
ProposalProposal
21. Delinquent Water, Sewer, Refuse and Stormwater Management Accounts
City Manager recommending approval of the submission of the delinquent water, sewer,
refuse and stormwater management collection accounts to the Dubuque County
Treasurer in order to establish real property liens for collection of such past due
accounts.
RESOLUTION
Adopting the Schedule of Assessments for delinquent water, sewer,
refuse and stormwater collection accounts and specifying the number of annual
installments into which assessments are divided, the interest on all unpaid installments,
the time when the assessments are payable and directing the Clerk to certify the
schedule of assessments to the County Treasurer and to publish notice thereof
Suggested Disposition: Receive and File; Adopt Resolution
Accounts - MVM Accounts - Staff Accounts - Schedule of
MemoMemoResolutionAssessments
22. Library Board of Trustees
Michael J. Shubatt submitting his resignation from the Library Board of Trustees.
Suggested Disposition: Receive and File; Accept Resignation
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Shubatt Ltr
23. Interim Application for Wireless Telecommunications Facilities
City Manager recommending approval of an interim application process for wireless
telecommunications facilities (towers and co-located equipment) on City property
throughout the community.
RESOLUTION
Adopting an interim application process for wireless telecommunications
facilities
Suggested Disposition: Receive and File; Adopt Resolution
Wireless - MVM Wireless - Staff Wireless - Resolution
MemoMemo
24. Liquor License Transfers
Request of the Dubuque County Historical Society to transfer their liquor license to 720
Central Avenue on July 24, 2008 and to 501 Bell Street on August 2, 2008.
Suggested Disposition: Receive and File; Approve
25. Liquor License Refund
Request of Mark Molo, Molo Oil Company, for a refund of the Class B Beer Permit for
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the Big 10 Mart located at 9 and Central.
Suggested Disposition: Receive and File; Approve
26. Liquor License Applications
City Manager recommending approval of annual liquor license renewals as submitted.
RESOLUTION
Granting the issuance of five renewal permits to sell cigarettes and
cigarette papers
RESOLUTION
Granting the issuance of a Class “B” Beer Permit (14-Day Special
Event) to Grand Harbor Resort; a Class “B” Beer Permit (5-Day Special Event) to Music
n More; and a Class “C” Beer Permit to Sid’s Beverage, Oky Doky #14, Kwik Stop,
Road Rangers #159, #160 and #161
RESOLUTION
Granting the issuance of a Class “C” Beer/Liquor License to Club
Phoenix, Tri-State Golf Center, Knicker’s Saloon, Walnut Tap, House of China, and
Eagles Club; and a Class “B” Wine Permit to Sid’s Beverage
Suggested Disposition: Receive and File; Adopt Resolutions
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Renewals - MVM Renewals - Staff Resolution #1Resolution #2Resolution #3
MemoMemo
ITEMS TO BE SET FOR PUBLIC HEARING
These agenda items are being scheduled for a future public hearing on the date
indicated.
1. Petrakis Field Turf Replacement Project
City Manager recommending initiation of the public bidding process for the Petrakis
Field Turf Replacement Repair Project and that a public hearing be set for August 4,
2008 to consider approval of the plans and specifications, form of contract and
estimated cost.
RESOLUTION
Preliminary approval of plans, specifications, form of contract, and
estimated cost for the Petrakis Field Turf Replacement Project
RESOLUTION
Setting date of hearing on the plans, specifications, form of contract, and
estimated cost for the Petrakis Field Turf Replacement Project
RESOLUTION
Ordering bids for the Petrakis Field Turf Replacement Project
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
8/4/08
Petrakis - MVM MemoPetrakis - Staff Petrakis -
MemoResolutions
2. Dubuque Industrial Center West – Demolition and Grading Project
City Manager recommending initiation of the public bidding process for the Dubuque
Industrial Center West – Demolition and Grading Project and that a public hearing be
set for August 4, 2008 to consider approval of the plans and specifications, form of
contract and estimated cost.
RESOLUTION
Preliminary approval of plans, specifications, form of contract, and
estimated cost, setting date of public hearing and ordering bids for the Dubuque
Industrial Center West – Demolition and Grading Project
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
8/4/08
DICW - Staff MemoDICW - Resolution
DICW - MVM Memo
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BOARDS/COMMISSIONS
Applicants are invited to address the City Council regarding their desire to serve on the
following Boards/Commissions; applicant appointments will be made at the next City
Council meeting.
Housing Commission
Three 3-year expired terms through August 17, 2011 (Terms of Helling, Frommelt, Mozena)
Applicants: Linda Frommelt , 140 N. Algona Street
William Helling, 4988 Red Violet Drive
Lynn Sutton, 876 Yale Court
Library Board of Trustees
One 4-year vacant term through July 1, 2011 (Term of Shubatt)
Applicant: Matthew Seamer, 432 Summit Street
Appointments to the following Boards/Commissions:
Civil Service Commission (Mayor Appointment)
One 4-year vacant term though April 6, 2009 (Term of Duehr)
Applicants: Joseph Link, 1290 Pamela Court
John Stevens, 2215 Graham Circle
Daniel White, 2919 Elm Street
Historic Preservation Commission (Cathedral Hill District Representative)
One 3-year vacant term through July 1, 2012 (Term of Coty)
Applicant: Michael Knight, 205 Bluff Street
Transit Board of Trustees
Two 3-year expired terms through July 30, 2011 (Terms of Enderson, Lightcap, Davidson)
Applicants: George Enderson, Jr., 511 St. George Street
Joel Lightcap, 1985 Alta Vista Street
Zoning Board of Adjustment
One 5-year vacant term though March 25, 2013 (Term of Urell)
Applicant: Jeff Cremer, 919 ½ Bluff Street
HPC Application
Bd and Comm ListOverview SheetHousing ApplicationsLibrary ApplicationCivil Service
Applications
Transit ApplicationsZBA Application
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PUBLIC HEARINGS
Citizens are invited to address the City Council regarding the following agenda items.
Please come to the podium and state your name and address when the item you wish to
speak to is being considered.
SUSPEND THE RULES
1. 989 Langworthy Street – Request to Rezone
Proof of publication on notice of hearing to consider a request from Dr. William May to
rezone property located at 989 Langworthy Street from R-2 Two-Family Residential
District to OR Office Residential District and Zoning Advisory Commission
recommending approval.
Communication from Richard and Carol McGrane, 1019 Langworthy Street, in
opposition to the proposed rezoning.
ORDINANCE
Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter described property located at 989
Langworthy from R-2 Two-Family Residential District to OR Office Residential/High
Density Multi-Family Residential District
Suggested Disposition: Receive and File; Motion B; Motion A
989 Langworthy - 989 Langworthy 989 Langworthy - 989 Langworthy - McGrane Ltr to ZAC989 Langworthy -
ZAC LtrApplicationVicinity MapMapStaff Report
OR District 989 Langworthy - Suggested MotionMcGrane Ltr to City
RegulationsOrdinanceCouncil
2. Keymont Drive – Request to Rezone
Proof of publication on notice of hearing to consider a request from Charles Daoud to
rezone property located east of Keymont Drive from R-1 Single-Family Residential
District to R-2 Two-Family Residential District and Zoning Advisory Commission
recommending approval.
Communication from the Stewart Family, 1815 Keyway Drive, in opposition to the
proposed rezoning.
Communication from Donna and Pat Smith, 1827 Key Way, in opposition to the
proposed rezoning.
ORDINANCE
Amending Appendix A (The Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter described property located east of
Keymont Drive from R-1 Single-Family Residential District to R-2 Two-Family
Residential District
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Suggested Disposition: Receive and File; Motion B; Motion A
Keymont - Keymont - Vicinity Keymont - MapKeymont - Concept Keymont - Staff
Keymont - ZAC Ltr
ApplicationMapPlanReport
R-2 District Keymont - OrdinanceSuggested MotionKeymont - Stewart Keymont - Smith Ltr
RegulationsLtr
3. Bluff Overlay District Ordinance
Proof of publication on notice of hearing to consider an amendment to Appendix A (the
Zoning Ordinance) by adding new language establishing a Bluff Overlay District and
Zoning Advisory Commission recommending denial.
City Manager submitting information regarding reconstruction of structures within the
Bluff Overlay District.
Communication from David S. Hartig in support of the Bluff Overlay District Ordinance.
ORDINANCE
Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by adding new language establishing a Bluff Overlay District
Suggested Disposition: Receive and File; Concur with Denial or Motion B; Motion
A (Super Majority Vote)
District - ZAC LtrDistrict - ApplicationDistsrict - OrdinanceDistrict - Exhibit AZAC - 6/24/08 Staff ZAC - 6/30/08 Staff
MemoMemo
Bluff Overlay District Bluffland Report Dubuque SDAT Bluff Overlay MapsEmail / Ltrs on Bluffland Issues and
- Minutes2007ReportDistrictConcerns
Maps Depicting Ron Smith PhotosSuggested Motion
Parcel Size
Bluffland - MVM Bluffland - Staff Hartig Ltr
MemoMemo
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4. 11 Street Steps and Grove Terrace Retaining Wall Repair Project
Proof of publication on notice of hearing to consider the plans and specifications, form
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of contract and estimated cost for the 11 Street Steps and Grove Terrace Retaining
Wall Repair Project and award of the contract to Portzen Construction, Inc. in the
amount of $589,175.50, and City Manager recommending approval.
RESOLUTION
Approving plans, specifications, form of contract, and estimated cost, for
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the 11 Street Steps and Grove Terrace Retaining Wall Repair Project
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RESOLUTION
Awarding contract for the 11 Street Steps and Grove Terrace Retaining
Wall Repair Project to Portzen Construction, Inc. in the amount of $589,175.50
Suggested Disposition: Receive and File; Adopt Resolutions
11th St - MVM Memo11th St - Staff Memo11th St - Resolutions11th St - Bid Tab
Material from July 7, 2008 City Council Meeting
Wall - MVM MemoWall - Staff MemoWall - Resolution
5. Iowa Street Parking Ramp to NICC Building – Walkway Project
Proof of publication on notice of hearing to consider the plans and specifications, form
of contract and estimated cost for the Iowa Street Parking Ramp to NICC Building –
Walkway Project and City Manager recommending approval.
RESOLUTION
Approving plans, specifications, form of contract, and estimated cost for
the Iowa Street Parking Ramp to NICC Building – Walkway Project
Suggested Disposition: Receive and File; Adopt Resolution
Walkway - MVM Walkway - Staff Walkway -
MemoMemoResolution
Material from July 7, 2008 City Council Meeting
Walkway - MVM Walkway - Staff Walkway -
MemoMemoResolution
REINSTATE THE RULES
This action limits discussion to the City Council.
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ACTION ITEMS
These are items where discussion is held by the City Council – public comments are not
allowed except as authorized by the Mayor.
1. Hirsch Claim Against the City of Dubuque
City Manager submitting information regarding the claim of Barb and Gerald Hirsch and
rd
the sanitary sewer lateral serving the Hirsch residence at 757 West 3 Street.
Suggested Disposition: Receive and File; Council
Claim - MVM MemoClaim - Staff MemoUniform Plumbing Claim Documents
Code
2. Sale of City-Owned Property – 1126 White Street
City Manager recommending approval of the sale of property at 1126 White Street to
Horsfall, Inc. for the purpose of its conversion to condominiums and resale to owner-
occupants.
RESOLUTION
Approving the sale of real estate located at 1126 White Street in the City
of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
1126 White - MVM 1126 White - Staff 1126 White - Horsfall Development 1126 White - 1126 White -
MemoMemoResolutionAgreementRendering #1Rendering #2
3. Snow Route Parking Restriction System (Tabled on May 19, 2008)
City Manager recommending revisions to Dubuque’s snow route parking restriction
system as stipulated in Section 32-321.682 of the Code of Ordinances.
ORDINANCE
Amending City of Dubuque Code of Ordinances Section 32-321.682
Snow Route, Restricted Parking, by authorizing the City Manager to issue a snow
restricted parking declaration
ORDINANCE
Amending City of Dubuque Code of Ordinances Section 32-321-621
Parking Violations – Fines to allow the first snow route restriction ticket of each winter
issued to a vehicle to be voided if the owner of the vehicle registers their contract
information with the Police Department
Suggested Disposition: Remove from Table; Receive and File; Motion B, Motion A
Snow Route - MVM Snow Routes - Staff Snow Routes - Snow Routes - Snow Route Change
MemoMemoOrdinance #1Ordinance #2Summary
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Material from May 19, 2008 City Council Meeting
Snow Route - MVM Snow Route - Staff Snow Route - Code Section Kris Miller - LetterSuggested Motion
MemoMemoOrdinance32-321.682
4. Fiscal Year 2009 Dubuque County REAP Plan
City Manager recommending approval of the City of Dubuque’s update of the Fiscal
Year 2009 Dubuque County REAP Plan, submittal of the Fiscal Year 2009 REAP grant
application for installation of the Iowa 32 Bike/Hike Trail – Phase 2 Project, and
appointment of a City Council representative (currently Council Member Joyce Connors)
to the REAP Committee.
RESOLUTION
Authorizing a REAP Grant Application to the Iowa Department of Natural
Resources for Phase 2 of the Iowa 32 Bike/Hike Trail
Suggested Disposition: Receive and File; Adopt Resolution; Council
Appointment
REAP - MVM MemoREAP - Staff MemoREAP Plan UpdateCounty REAP PlanREAP - ResolutionREAP - Grant
Application
REAP - Project REAP - Project Iowa 32 Trail - Phase
NarrativeCostsII
COUNCIL MEMBER REPORTS
PUBLIC INPUT
At this time, anyone in the Council Chambers may address the Council on matters which are of
concern to that person and which are not an agenda item. Please take your place at the
microphone and state your name and address clearly. Proceed with your comments; however,
no formal action may be taken at this time on your comments because of the notice
requirements of the Iowa Open Meetings Law.
CLOSED SESSION
Pending Litigation and Property Acquisition – Chapter 21.5(1)(c)(j) 2007 Code of Iowa
Jeanne F. Schneider
July 17, 2008
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