2 1 10 Clerk's Skeleton NotesCITY COUNCIL REGULAR SESSION, FEBRUARY 1, 2010
COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN THE HISTORIC FEDERAL
BUILDING
PRESENT: MAYOR E).6OL, COUNCIL MEMBERS BRAAIG, COIVNORS, JO(VES, LYNCH,
RESNICK, VOETBERG
CITY MANAGER VAN MILLIGEN; CITY ATTORNEY LINDAHL
ABSENT:
Mayor Buol read the call and stated this is a regular session of the City Council to act upon
such business that may properly come before the City Council.
PLEDGE OF ALLEGIANCE
INVOCATION: Reverend Nancy Bickel, First Congregational UCC
PROCLAMATIONS
Congenital Heart Defect Awareness Week (February 7 -14, 2010) )10
Scouting Day (February 7, 2010) ( 7
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CONSENT ITEMS
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1. Minutes and Reports Submitted
City Council of 1/19; Community Development Advisory Commission of 1/6; Housing
Commission of 11/24 and 12/4; Historic Preservation Commission of 1/14; Human
Rights Commission of 11/9; Park and Recreation Commission of 1/12
Proof of publication of City Council Proceedings of January 4, 2010
Substance Abuse Services Center Second Quarter Report
Suggested Disposition: Receive and File
2. Notice of Claims /Suits
Lester C. Leubka for property damage
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: Vicky Fuller for
vehicle damage; Tschiggfrie Excavating Company for loss of revenue
Suggested Disposition: Receive and File; Concur
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3. Worker's Compensation Claims Administrative Services
City Manager recommending approval of the Agreement between the City of Dubuque
and Alternative Services Concepts (ASC) for services related to the administration of
the City's Worker's Compensation Program.
Suggested Disposition: Receive and File; Approve
4. Bi- Linqual Trail Signage
City Manager recommending approval of the recommended designs and specifications
for the Bi- Lingual Trail Signage Project and authorization to begin the informal bidding
process.
Suggested Disposition: Receive and File; Approve
5. LK Development and Storage, LLC
City Manager recommending that the request from Attorney Brian Kane on behalf of LK
Development and Storage, LLC relative to property at 3040 Elm Street be referred to
the Historic Preservation Commission.
Suggested Disposition: Receive and File; Refer to Historic Preservation
Commission
6. Kerper Boulevard Storm Sewer Improvements Project
City Manager recommending acceptance of the Kerper Boulevard Storm Sewer
Improvements Project as completed by McDermott Excavating Co., in the final contract
amount of $75,489.53.
RESOLUTION /'c'' Accepting the Kerper Boulevard Storm Sewer
Improvements Project and authorizing payment of the contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
Voetberg
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Jones
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7. Clarke Drive Sanitary Sewer Repair Project
City Manager recommending acceptance of the Clarke Drive Sanitary Sewer Repair
Project as completed by Drew Cook & Sons Excavating Co., Inc., in the final contract
amount of $22,431.68.
RESOLUTION , Accepting the Clarke Drive Sanitary Sewer Repair
Project and authorizing payment of the contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution
8. Ingress and Egress Easement — Cedar Ridge Farm Place No. 5
City Manager recommending acceptance of an ingress and egress easement over Lot 1
of Cedar Ridge Farm Place No. 5 to maintain existing detention facilities.
RESOLUTION Accepting an ingress and egress easement for repair
and maintenance of existing stormwater detention facilities in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
9. 2009 Sidewalk Assessment Program
City Manager recommending approval of the final schedule of assessments for the 2009
Sidewalk Assessment Program.
RESOLUTION Adopting the final assessment schedule for the 2009
Sidewalk Assessment Program
Suggested Disposition: Receive and File; Adopt Resolution
Ayes
Voetberg
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Jones
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10. Quarterly Investment Report
City Manager transmitting the December 31, 2009 Quarterly Investment Report.
Suggested Disposition: Receive and File
11. Acquisition of Property at 250 South Main Street
City Manager recommending approval of the acquisition of property at 250 South Main
Street and execution of an Offer to Buy and Deferred Payment Plan Agreement
between the City and the Iowa Department of Transportation.
Suggested Disposition: Receive and File; Approve
12. 40 Main LLC Collateral Assignment
City Manager recommending approval of the Collateral Assignment of Contract between
Premier Bank and 40 Main, LLC.
RESOLUTION .. Approving a Collateral Assignment of Contract between
Premier Bank and 40 Main, LLC
Suggested Disposition: Receive and File; Adopt Resolution
13. Dubuque County H1 N1 Subcontract
City Manager recommending approval of a contract with the Dubuque County Health
Department for services related to the H1 N1 pandemic response.
Suggested Disposition: Receive and File; Approve
14. Federal Emergency Management Agency (FEMA)
City Manager recommending approval of a proposed response letter to the December
30, 2009 Federal Emergency Management Agency (FEMA) letter transmitting FEMA's
revised preliminary Digital Flood Insurance Rate Map (DFIRM).
Suggested Disposition: Receive and File
Ayes
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15. Petition Iowa Utilities Board for Amendment of Rule
City Manager recommending approval to file a petition before the Iowa Utilities Board in
an attempt to restore the City's municipal cable franchise with Med iacom.
Suggested Disposition: Receive and File; Approve
16. City Council Referral — Snow Route in East 24 Street Area
City Manager recommending approval of a request that East 24 Street be added to the
odd /even snow route.
Suggested Disposition: Receive and File; Approve
17. Walkway Project — Northeast Iowa Community College
City Manager recommending acceptance of the Walkway Project between the Iowa
Street Parking Ramp and Northeast Iowa Community College, as completed by Portzen
Construction, Inc., in the final contract amount of $68,027.47.
RESOLUTION 7" Accepting the Walkway Project between the Iowa
Street Parking Ramp and Northeast Iowa Community College and authorizing payment
of the contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution
18. Digital Flood Insurance Rate Map (DFIRM)
Communication from Senator Charles regarding the Digital Flood Insurance Rate Map
(DFIRM).
Suggested Disposition: Receive and File
19. Intercultural Competency Report
City Manager transmitting the 2008 — 2009 Intercultural Competency Report.
Suggested Disposition: Receive and File
Ayes Nays
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20. Delinquent Water, Sewer, Refuse and Storm Water Collection Accounts
City Manager recommending approval of the submission of delinquent water, sewer,
refuse and storm water collection accounts to the Dubuque County Treasurer.
RESOLUTION 2 5 Adopting the Schedule of Assessments for delinquent
water, refuse, sewer and storm water collection accounts 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
21. Stipulation of Settlement — Property Tax Appeal
City Attorney recommending approval of the Stipulation of Settlement for the Hansel
property tax appeal which relates to a vacant lot on Cedar Cross Road and Lake Ridge
Drive.
Suggested Disposition: Receive and File; Approve
22. House File 132 — Annexation of Public Land
City Manager providing the Planning Services staff's position on proposed House File
132 regarding annexation of public land.
Communication to State Legislators encouraging their opposition to House File 132
regarding annexation of public land.
Suggested Disposition: Receive and File
23. National League of Cities
Communication to Mayor Roy Buol regarding the next steps for the National League of
Cities Disconnected Youth Economic Recovery Technical Assistance.
Suggested Disposition: Receive and File
Ayes
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24. AmeriCorps VISTA
City Manager recommending approval of a Memorandum of Agreement with the Iowa
Commission on Volunteer Services to place a full -time AmeriCorps VISTA position in
the Sustainability office from November 2009 through November 2010.
Suggested Disposition: Receive and File; Approve
25. Liquor License Applications
City Manager recommending approval of annual liquor license renewals as submitted.
RESOLUTION Granting the issuance of a Class "C" Beer Permit to
Hartig Drug #8, Awn Stop Mart, Big 10 Mart and Puff n Snuff
RESOLUTION 2 7 Granting the issuance of a Class "C" Beer /Liquor
License to Northside Bar, Bootleggers Pub, The Clubhouse, Town Clock Inn and
Dubuque Mining Company; a Special Class "C" Liquor License to Pusateris; a Class "E"
Liquor License to Puff n Snuff; a Class "B" Wine Permit to Hartig Drug #8 and Puff n
Snuff; and a Class "B" (WBN) Native Wine Permit to Cedar Cross Amoco and Big 10
Mart
Suggested Disposition: Receive and File; Adopt Resolutions
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Ayes
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ITEMS TO BE SET FOR PUBLIC HEARING
These agenda items are being scheduled for a future public hearing on the date
indicated.
1. Electric and Gas Franchise Fee venue
City Manager recommending adoption of resolutions approving the Revenue Purpose
Statements for the use or expenditure of electric and gas franchise fee revenues from
the sale of electricity and gas by Alliant Energy, Black Hills Energy Corporation and
Maquoketa Valley Electric Cooperative within the City of Dubuque and recommending
adoption of resolutions setting a public hearing for February 15, 2010 to consider
ordinances increasing the franchise fee under the City's Electric and Gas Franchises
with Alliant Energy, Black Hills Energy and Maquoketa Valley Electric Cooperative from
two percent to three percent.
RESOLUTION Approving a Revenue Purpose Statement for the use or
expenditure of electric and gas franchise fee revenues from the sale of electricity by
Alliant Energy within the City of Dubuque
RESOLUTION / Approving a Revenue Purpose Statement for the use or
expenditure of gas franchise fee revenues from the sale of gas by Black Hills Energy
Corporation within the City of Dubuque
RESOLUTION fiO Approving a Revenue Purpose Statement for the use or
expenditure of electric franchise fee revenues from the sale of electricity by Maquoketa
Valley Electric Cooperative within the City of Dubuque
RESOLUTION "/ Setting a public hearing on a proposed ordinance
increasing the franchise fee under the City's Electric Franchise with Alliant Energy from
2% to 3% on the sale of electricity within the City of Dubuque
RESOLUTION .�� Setting a public hearing on a proposed ordinance
increasing the franchise fee under the City's Gas Franchise with Black Hills Energy from
2% to 3% on the sale of electricity within the City of Dubuque
RESOLUTION ? Setting a public hearing on a proposed ordinance
increasing the franchise fee under the City's Electric Franchise with Maquoketa Valley
Electric Cooperative from 2% to 3% on the sale of electricity within the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
2/15/10
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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.
Community Development Advisory Commission
Three 3 -year terms through February 15, 2013 (Low /Moderate Income Term of Caldwell and
At -Large Term of Maloy)
Applicants:
Theresa Caldwell, 1633 Elm Street — Low /Moderate Income Area
Paula Maloy, SVM, 2950 Kaufmann Avenue — At -Large
Appointments to the following Boards /Commissions:
Long Range Planning Advisory Commission
One 3 -year term through July 1, 2012 (Term of Stein)
Applicants:
Bryan Clark, 455 Moore Heights
Lou Oswald, 1080 Nowata Street
John Pregler, 1525 Pego Court
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Clark
Oswald
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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.
Community Development Advisory Commission
Three 3 -year terms through February 15, 2013 (Low /Moderate Income Term of Caldwell and
At -Large Term of Maloy)
Applicants:
Theresa Caldwell, 1633 Elm Street — Low /Moderate Income Area
Paula Maloy, SVM, 2950 Kaufmann Avenue — At -Large
Appointments to the following Boards /Commissions:
Long Range Planning Advisory Commission
One 3 -year term through July 1, 2012 (Term of Stein)
Applicants:
Bryan Clark, 455 Moore Heights
Lou Oswald, 1080 Nowata Street
John Pregler, 1525 Pego Court
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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.
1. Text Amendment — C -5 Central Business District Sign Regulations
Proof of publication on notice of public hearing to consider a text amendment to the
Unified Development Code regarding the addition of freestanding identification signs
from 4 Street to 5 Street along either side of Main Street as requested by Norm
Granback, Holiday Inn Dubuque, and Zoning Advisory Commission recommending
approval.
ORDINANCE y Amending Title 16 of the City of Dubuque Code of
Ordinances, Unified Development Code, by repealing Section 15 -11.10 Schedule of
Sign Regulations for the C -5 Central Business District and adopting a new Section 15-
11.10 Schedule of Sign Regulations for the C -5 Central Business District in lieu hereof,
pertaining to the addition of Freestanding Identification Signs from 4 to 5 Str
along either side of Main Street
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
Aye Nays
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SUSPEND THE RULES
Ayes
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Nays
Final Reading and Adopt
Ayes Nayes
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2. Water Revenue Capital Loan Notes
Proof of publication on notice of hearing to consider the issuance of not to exceed
$1,000,000 Water Revenue Capital Loan Notes and City Manager recommending
approval.
RESOLUTION 3� Instituting proceedings to take additional action for the
authorization of a Forgivable Loan and Disbursement Agreement and the issuance of
not to exceed $1,000,000 Water Revenue Capital Loan Notes
Suggested Disposition: Receive and File; Adopt Resolution
Aye
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onnors
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Resnick
REINSTATE THE RULES
This action limits discussion to the City Council.
Aye '
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Nays
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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. Police Chief Appointment
City Manager recommending approval of the selection of Mark Dalsing as the next Chief
of Police for the City of Dubuque.
Suggested Disposition: Receive and File; Approve
2. Swearing In of Police Chief Mark Dalsing
Suggested Disposition: Receive and File
pies
Voetberg
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Connors
Jones
Lynch
Resnick
3. Greater Dubuque Development Corporation
Rick Dickinson, Executive Director — Greater Dubuque Development Corporation, to
provide a verbal update on the activities of the Greater Dubuque Development
Corporation and Dubuque Works.
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ye,
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4. Request to Address the City Council — Mark J. Gilligan
Request of Mark J. Gilligan, 1575 Earl Drive, to address the City Council regarding the
accumulation of ice on the corner of Earl Drive and Pennsylvania Avenue.
Suggested Disposition: Receive and File; Council
5. Request to Address the City Council — Sandy Amberg
Request of Sandy Amberg, 80 Croydon Crest, to address the City Council regarding
expense, safety and sustainability of adding fluoride to City water.
Response to Ms. Amberg's concerns regarding the City's water supply having fluoride.
Suggested Disposition: Receive and File; Council
Ayes `
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Ayes Nays
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6. Tobacco and Alcohol Compliance — Civil Penalty Hearing
Assistant City Attorney Crenna Brumwell to conduct a civil penalty hearing on the third
tobacco compliance violation and the second alcohol compliance violation by Road
a
Ranger, 2175 Central Avenue.
Suggested Disposition: Receive and File; Conduct Hearing; Council
J Voetberg
Braig
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Lynch
Resnick
Ayes
Voetberg
Braig
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Connors
Jones
Lynch
Resnick
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7. Water Revenue Capital Loan Notes, Series 2010C
City Manager recommending approval of the final proceedings providing for the
issuance of $8,676,000 Water Revenue Capital Loan Notes.
RESOLUTION J. . Authorizing and providing for the issuance and securing
the payment of $8,676,000 Water Revenue Capital Loan Notes, Series 2010C by the
City of Dubuque, Iowa under the provisions of Chapter 384 of the Code of Iowa,
providing for a method of payment thereof, approving loan and disbursement
agreements and other related matters
Suggested Disposition: Receive and File; Adopt Resolution
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Ayes
Voetberg
Braig
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Tones
Lynch
Resnick
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8. Water and Sewer Billing Units
City Manager recommending, as part of the Water Meter Change Out Project, to start
billing of the water and sewer consumption in gallons versus the current cubic feet.
ORDINANCE 5 Amending City of Dubuque Code of Ordinances Title 13
Public Utilities, Chapter 1 Water Use and Service, Article C Rates, Section 13-1C-1(A)
Establishing Water Rates for Residential, Commercial, Industrial and All Other Uses
ORDINANCE ‘' Amending City of Dubuque Code of Ordinances Section
13- 2C -3(B) Establishing the Schedule of Rates for Residential and Commercial Sewer
Users by increasing the rates; and amending Section 13- 2C- 3(C)(7) Establishing the
Minimum Service Charge by increasing the minimum service charge
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
Ayes,
Voetberg
Braig
/,. Buol
Connors
Jones
, Lynch
Resnick
Nays
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Final Reading and Adopt
Ayes Nayes
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9. Transit Management — Request for Proposals
City Manager recommending approval of the Request for Proposals (RFP) for Transit
Management services.
Suggested Disposition: Receive and File; Approve
10. City of Dubuque Parking Ramp
City Manager recommending approval of the proposed design for the parking ramp to
be located at 10 Street and Central Avenue.
Historic Preservation Commission recommending approval of the design of the City of
Dubuque Parking Ramp to be located at 10 and Central.
Suggested Disposition: Receive and File; Approve
Ayes
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raig
Buol
Connors
Jones
ynch
Resnick
oetberg
Braig
Buol
Connors
Jones
Lynch
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Nays
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11. Dubuque Water Trail Grant Agreement
City Manager recommending approval of a grant agreement with the Iowa Department
of Natural Resources for $6,000 in Iowa Water Trail funding for the Dubuque Water Trail
Project.
RESOLUTION Approving an agreement for Iowa Water Trail funding
with the Iowa Department of Natural Resources for the Dubuque Water Trail
Suggested Disposition: Receive and File; Adopt Resolution
Ayes
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Braig
Buol
Connors
,Jones
/ / Lynch
Resnick
12. Automated Agenda Management Software
City Manager recommending approval of the selection of Novus Systems to provide
automated agenda management software.
Suggested Disposition: Receive and File; Approve
Ayes
Voetberg
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Lynch
Resnick
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Nays
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13. Safe Community Task Force Recommendations
City Manager recommending adoption of the first set of recommendations from the Safe
Community Task Force.
Suggested Disposition: Receive and File; Approve
Ayes
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Buol
j Connors
Jones
� � Lynch
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Suggested Disposition: Receive and File; Approve
14. Energy Efficiency and Conservation Block Grant (EECBG)
City Manager recommending approval of the Energy Efficiency and Conservation
Strategy for the $574,700 EECBG funds the City received as a formula allocation
through the American Recovery and Reinvestment Act (Stimulus Package).
Ay s Nays
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15. Cell Phone Ordinance
City Attorney submitting a proposed cell phone ordinance.
The New York Times article "Driven to Distraction" submitted by City Council Member
David Resnick.
Ayes
ORDINANCE Amending City of Dubuque Code of Ordinances Title 9
Motor Vehicles and ra ic, Chapter 10 Miscellaneous Rules, by adding a new Section
9 -10 -400 Prohibiting the Use of Electronic Communications Devices While Drive a
Motor Vehicle
Suggested Disposition: Receive and File; Council Direction
Voetberg
Braig
Buol
Connors
Jones
Lynch
Resnick
Nays
Suspend the Readings Final Reading and Adopt
Nays Ayes Nayes
Voetberg Voetberg
Braig Braig
Buol Buol
Connors Connors
Jones Jones
Lynch Lynch
Resnick Resnick
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16. Fiscal Year 2011 Operating Budget and Capital Improvement Program
City Manager submitting the Fiscal Year 2011 Operating Budget and Five Year Capital
Improvement Program.
Suggested Disposition: Receive and File
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.
Jeanne F. Schneider
January 28, 2010
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