3 21 05 Agenda With Icons
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
6:30 P.M.
LIBRARY AUDITORIUM
MONDAY, MARCH 21, 2005
INVOCATION
Father Dwayne Thoman, Spiritual Director - Wahlert High School
PROCLAMATION
Community Development Week (March 25 - April 3, 2005)
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CDBG Week Merro
CDBG Week
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
Airport Commission of 2/28; City Council of 2/23,317,3/8; Civil Service Commission of
12/14; Electrical Code Board of 2/21; Human Rights Commission of 2/14; Zoning
Advisory Commission of 3/2; Zoning Board of Adjustment of 2/24;
Proofs of publication of Council Proceedings of February 7,21,22,24 and 28, 2005 and
March 2, 2005, and List of Claims and Summary of Revenues for month ending January
31,2005 and February 28,2005 (on file in the City Clerk's Office)
Printed City Council Proceedings for January, 2005
Suggested Disposition: Receive and File; Approve as Printed
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Airport
Council of 2/28
Council of 3/7
Council of 3/8
Civil Service
Electrical Bd
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Human Rights
Zoning Advisory
Zoning Bd of Adj
Council Proceedings
9. State Legislative Correspondence
City Manager communication to State Legislators encouraging their support for SSB
1214 - Food Inspection Cost Reimbursements.
City Manager communication to State Legislators urging their opposition to a proposal
to reclassify apartments from commercial to residential.
City Manager communication to State Legislators urging their support for SSB 1095 and
HSB 53, which allow the award and transfer to State Enterprise Zone tax credits for
housing development.
City Manager communication to State Legislators encouraging their opposition to HSB
19 regarding statewide referendum requirements.
City Manager communication to State Representative Pam Jochum urging opposition to
HSB 59 - Open Meetings Law.
City Manager communication to State Legislators urging opposition to SSB 1174 which
would require any new or renovated playground on public property to be inspected by
the State Health Department.
City Manager communication to State Legislators encouraging support of efforts to raise
the funding for the Iowa Historic Preservation Tax Credit from $2.4 million to $20 million
per year.
City Manager communication to State legislators urging a no vote to HSB 205 regarding
the taxation of facilities operated by a city as a cable communication system.
City Manager communication to State legislators asking that they vote no to legislation
that would prevent a city from establishing and operating a municipal communications
utility.
Suggested Disposition: Receive and File; Approve
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SSB 1214
Reclassifying
Apartments
SSB 1095
HSB 53
HSB 19
HSB 59
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SSB 1174
Tax Credit Support
HSB 205
Communications
Utility
State Legislator List
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10. Federal Legislative Correspondence
Communication to congressional legislators regarding the elimination of federal funding
(JAG and Bryne Grant).
Communication to Senator Tom Harkin and Senator Charles Grassley requesting their
support for the Federal Transportation Bill which includes $25 million in earmark funding
for the Julien Dubuque Bridge and $19 million for the Southwest Arterial (IA 32).
Communication to Congressman Jim Nussle thanking him for his efforts to include $25
million in earmark funding for the Julien Dubuque Bridge and $19 million for the
Southwest Arterial (IA 32) in the Federal Transportation Bill.
Suggested Disposition: Receive and File; Approve
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JAG/Bryne Grant
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Harkin Ur
Grassley Ur
Nussle Ur
11. Dubuque Casino Hotel Lease Amendment
City Manager recommending approval of an amendment to the lease agreement with
Dubuque Casino Hotel.
Suggested Disposition: Receive and File; Approve
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Hotel - MVM Memo
Hotel - BAL Memo
Hotel- Kane/Hilton
Urs
Lease Amendment
12. Housing Trust Fund Application
City Manager recommending approval of an application by the Housing Trust Fund to
the Iowa Finance Authority for a Local Housing Trust Fund Grant of $200,000 to support
the City's Washington Street Neighborhood Initiative.
Suggested Disposition: Receive and File; Approve
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Trust Fd - MVM
Memo
Trust Fd - Staff Trust Fd - Support Trust Fd - Exhibits Project Budget
Memo Urs
13. University Avenue Extension Project Property Acquisition
City Manager recommending approval of an additional amount of $5,800 to acquire the
James Newman property for the University Avenue Extension Project.
Suggested Disposition: Receive and File; Approve
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Acquisition - MVM
Memo
Newrran Agreerrent
14. Stealth Race Cars - Offer to Purchase
City Manager recommending approval of an offer to purchase for the Stealth Race Car
property and a six month lease to Terry/Linda Weidemann for the property.
Suggested Disposition: Receive and File; Approve
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Stealth - MVM Merro
Stealth - Offer to
Purchase
15. Acquisition of Elm Real Estate L.C.
City Manager recommending approval of the acceptance of the deed to the Elm Real
Estate, L.C. (Iowa Glass) property for the University Avenue Extension Project.
RESOLUTION Accepting the deed to certain real estate in Dubuque County, Iowa from
Elm Real Estate, L.C.
Suggested Disposition: Receive and File; Adopt Resolution
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Deed - MVM Merro
Deed - Staff Merro
Deed - Resolution
16. Business License Refund
Request of Ibrico, Inc., d/b/a Fat Tuesdays, requesting a refund of their cigarette license
in the amount of $25.00.
Suggested Disposition: Receive and File; Approve
17. Business Licenses
RESOLUTION Granting the issuance of a permit to sell cigarettes and cigarette papers
with the City to Iowa Potato and Produce House
RESOLUTION Granting the issuance of a Class "C" Beer Permit to Iowa Potato and
Produce House
RESOLUTION Granting the issuance of a Class "C" Beer/Liquor License to The
Yardarm, Noonan's Tap, Marco's Italian American Food, Bunker Hill Golf Course,
Hudson's Classic Grill, Neighbor's Tap, Ground Round, Busted Lift, and Salsa's
Mexican Restaurant
Suggested Disposition: Adopt Resolutions
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Resolution # 1
Resolution #2
Resolution #3
Police Reports
ITEMS TO BE SET FOR PUBLIC HEARING
1. Fiber Optic Conduit System - Phase I Project
City Manager recommending initiation of the public bidding process for the Fiber Optic
Conduit System - Phase I Project and that a public hearing be set for April 18, 2005.
RESOLUTION Preliminary approval of plans and specifications
RESOLUTION Setting public hearing on the plans and specifications
RESOLUTION Ordering bids
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
4/18/05
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Fiber Optic - MVM
Memo
Fiber Optics - Staff
Memo
Fiber Optics -
Resolutions
2. Five Flags Bleacher Replacement Project
City Manager recommending initiation of the public bidding process for the Five Flags
Bleacher Replacement Project and that a public hearing be set for May 2, 2005.
RESOLUTION Preliminary approval of plans and specifications
RESOLUTION Setting public hearing on the plans and specifications
RESOLUTION Ordering bids
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
5/2/05
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Bleachers - MVM
Memo
Bleachers - Staff
Memo
Bleachers -
Resolutions
3. Five Flags Renovation Project
City Manager recommending initiation of the public bidding process for the Five Flags
Renovation Project and that a public hearing be set for May 2, 2005.
RESOLUTION Preliminary approval of plans and specifications
RESOLUTION Setting public hearing on the plans and specifications
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RESOLUTION Ordering bids
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
5/2/05
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Renovation - MVM
Memo
Renovation - Staff
Memo
Renovation -
Resolutions
BOARDS/COMMISSIONS
Appointment to the following Board:
Zoning Board of Adjustment (One 5-year term through 3/25/10 - Term of Ruden>
Applicant: Michael A. Ruden
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Bd and Comm List
Overview Sheet
ZBA Application
PUBLIC HEARINGS
SUSPEND THE RULES
1. 440 Loras Boulevard - Request to Rezone
Proof of publication on notice of hearing to consider rezoning property located at 440
Loras Boulevard from R-4 Multi-Family Residential District to OR Office Residential
District as requested by Angela Koppes and Zoning Advisory Commission
recommending approval.
ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter described property located at 440 Loras
Boulevard from R-4 Multi-Family Residential District to OR Office Residential District
Suggested Disposition: Receive and File; Motion B; Motion A
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440 Loras - ZAC Ltr Koppes - Application Koppes - Staff Koppes - Vicinity Map
Report
Koppes - Ordinance
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Koppes - Opposition 3-2.1 OR
Ltrs Regulations
Suggested Motion
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2. Wayne Briggs/Platinum Services/Highway 151/61 Development LLC - Request to
Rezone
Proof of publication on notice of hearing to consider rezoning property located at 701
East 16th Street from HI Heavy Industrial District to PUD Planned Unit Development
District as requested by Wayne Briggs, Platinum Services/Highway 151/61
Development LLC and Zoning Advisory Commission recommending approval.
Communication from Thomas L. Flynn, Flynn Ready-Mix Concrete, expressing
conditional support for changing the zoning classification for the property at 701 East
16th Street.
ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter described property located along East
16th Street from HI Heavy Industrial District to PUD Planned Unit Development District
with a PC Planned Commercial Designation and adopting a Conceptual Development
Plan with Conditions for River View Plaza
Suggested Disposition: Receive and File; Motion B; Motion A
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Briggs - ZAC Ltr Briggs - Application Briggs - VICinity Map River View Plaza - River VieW - Design River VieW - Staff
Drawings Plan Report
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River View Plaza - Traffic Study Merro Traffic Impact Study
Ordinance
Flynn Ltr
Suggested Motion
3. University of Dubuque - Amendment to Institutional District
Proof of publication on notice of hearing to consider amending the University of
Dubuque ID District to allow the construction of a new academic and administration
building at the northwest corner of Bennett and Algona Streets as requested by the
University of Dubuque and Zoning Advisory Commission recommending approval.
ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by providing for the approval of an Amended Conceptual
Development Plan to allow construction of the new Myers Academic and Administration
Building for the University of Dubuque ID Institutional District.
Suggested Disposition: Receive and File; Motion B; Motion A
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Myers Bldg - ZAC Ltr UD - Application #1 UD - Letter #1 Rain Garden Article Myers Building Myers Bldg - Vicinity
Map
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Myers Building - Myers Bldg - Staff
Plans Report
Myers Bldg -
Ordinance
Suggested Motion
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4. Goldthorpe Hall- University of Dubuque - Amendment to Institutional District
Proof of publication on notice of hearing to consider amending the University of
Dubuque 10 District to allow construction of a new addition to the Goldthorpe Science
Hall at the southeast corner of University Avenue and Algona Street as requested by
the University of Dubuque and Zoning Advisory Commission recommending approval.
ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by providing for the approval of an Amended Conceptual
Development Plan to allow construction of an addition to Goldthorpe Science Hall for
the University of Dubuque 10 Institutional District
Suggested Disposition: Receive and File; Motion B; Motion A
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Goldthorpe - ZAC Ltr UD - Application #2 UD - Letter #2 Goldthorpe - VICinity Goldthorp Hall Goldthorpe - Plans
Map Add[ion
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Goldthorp - Staff
Report
Goldthorp -
Ordinance
Suggested Motion
5. Asbury Plaza Business Park
Proof of publication on notice of hearing to consider an amendment and expansion of
the Asbury Plaza Business Park Planned Unit Development District as requested by
Wendell Corey/Jack Leaman/Motor City LLC and Zoning Advisory Commission
recommending approval.
ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code
of Ordinances by reclassifying hereinafter described property located along the future
extension of Plaza Drive from AG Agricultural District to PUD Planned Unit Development
District with a PC Planned Commercial Designation and adopting an amended Conceptual
Development Plan, with conditions for Motor City, LLC.
Suggested Disposition: Receive and File; Motion B; Motion A
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Asbury Plaza - ZAC ASbury Plaza -
Ltr Application
Asbury Plaza - Motor City 2/21 Ltr Motor City 2/17 Ltr Asbury Plaza - Map
VICinity Map
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Asbury Plaza - Ltrs Asbury Plaza - Staff Asbury Plaza -
Report Ordinance
Suggested Motion
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6. Exterior Renovations - Carnegie Stout Public Library Project
Proof of publication on notice of hearing to consider adoption of the plans and
specifications for the Exterior Renovations - Carnegie Stout Public Library Project and
City Manager recommending award of the contract to Fred Jackson Tuckpointing in the
amount of $80,733.
RESOLUTION Adopting plans and specifications
RESOLUTION Awarding contract
Suggested Disposition: Receive and File; Adopt Resolutions
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Library - MVM Merro
Library - Staff Merro
Library - Resolutions
Material from February 21, 2005 Meeting
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Library - MVM Merro
Library - Staff Merro
Library - Resolutions
7. 2005 Curb Ramp Installation - CDBG Project No.1
Proof of publication on notice of hearing to consider adoption of the plans and
specifications for the 2005 Curb Ramp Installation - CDBG Project NO.1 and City
Manager recommending award of the contract to Perry Construction in the amount of
$20,926.
RESOLUTION Adopting plans and specifications
RESOLUTION Awarding contract
Suggested Disposition: Receive and File; Adopt Resolutions
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Curb Ramp - MVM
Merro
Curb Ramp - Staff
Merro
Curb Ramp -
Resolutions
Curb Ramp - Bid Tab
Material from March 7, 2005 Meeting
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Curb Ramp - MVM
Merro
Curb Ramp - Staff
Merro
Curb Ramp -
Resolutions
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8. US 20 Bridge - Right-of-Way
Proof of publication on notice of hearing to consider approval of the Purchase
Agreement and Quit Claim Deed to provide the necessary right-of-way to the Iowa
Department of Transportation for construction of a new US 20 bridge crossing the
Mississippi River and City Manager recommending approval.
RESOLUTION Disposing of City interest in a parcel of land located in Government Lot 3
of Section 30, Township 89 North, Range 3 East of the 5th P.M., City of Dubuque,
Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
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Bridge - MVM Memo
Bridge - Staff Memo
Bridge - Resolution
Bridge - VICinity Map
Material from March 7, 2005 Meeting
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Bridge - MVM Merro Bridge - Staff Merro Bridge - Resolution
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Bridge - ROW
Agreerrent
lOOT - Purchase
Agreerrent
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lOOT - Quit Claim
Deed
9. University Avenue Reconstruction Project (Tabled on March 7, 2005)
Proof of publication on notice of hearing to consider adoption of the plans and
specifications for the University Avenue Reconstruction (US 20 to University Avenue)
Reinforced Concrete Box Culvert Extension Project, which was bid by the Iowa
Department of Transportation, and City Manager recommending award of the contract
to Tschiggfrie Excavating Company.
RESOLUTION Adopting plans and specifications
RESOLUTION Awarding contract
Suggested Disposition: Remove from Table; Receive and File; Adopt Resolutions
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University - MVM
Memo
University - Staff
Memo
University -
Resolutions
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Material from March 7, 2005 Meeting
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lOOT - Bid
lnforrnation
University - MVM University - Staff
Memo Merro
University -
Resolution
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REINSTATE THE RULES
ACTION ITEMS
1. Stormwater Projects - Sale of General Obligation Bonds
City Manager advising that the sale of General Obligation Bonds to support stormwater
projects will be held on Monday, March 21, 2005 at 11 :00 a.m. and that results will be
brought to the March 21 Council meeting.
City Manager advising that the City has retained its Aa2 bond after review by Moody's
Investor Services.
RESOLUTION Directing sale of $1,750,000 General Obligation Bonds, Series 2005A
Suggested Dispositi~n: Receive and File; Adopt Resolution
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StormNater - MVM Moody's - MVM Memo
Merro
Moody's Report
Stormwater - Bond Sale - Noth Ur
Resolution
2. Dubuque Industrial Center West - Sale of General Obligation Bonds
City Manager advising that the sale of General Obligation Bonds to support Dubuque
Industrial Center West projects will be held on Monday, March 21,2005 at 11 :00 a.m.
and that results will be brought to the March 21 Council meeting.
RESOLUTION Directing sale of $4,270,000 General Obligation Urban Renewal Bonds,
Series 2005B
RESOLUTION Directing sale of $2,995,000 General Obligation Urban Renewal Bonds,
Taxable Series 2005C
Suggested Disposition: Receive and File; Adopt Resolutions
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DICW - MVM Merro
DICW - Resolution
#1
DICW - Resolution
#2
Bond Sale - Noth Ur
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3. Eleanor Ridge Estates Subdivision - Preliminary Plat
Zoning Advisory Commission recommending approval of the preliminary plat of Eleanor
Ridge Estates Subdivision, located on Lake Eleanor Road in Dubuque County, as
requested by Rick Ehrlick.
Suggested Disposition: Receive and File; Approve
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Ehrlick - ZAe Ltr Erhlich - Application
Ehrlich - VICinity Map
Ehrlich - Prelirrinary
Plat
Ehrlich - Staff Report
4. Hillside Estates - Preliminary Plat
Zoning Advisory Commission recommending approval of the preliminary plat of Hillside
Estates located in Dubuque County as requested by Dean Hoffman/River City
Development Group LLC.
Suggested Disposition: Receive and File; Approve
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Hillside - ZAe Ltr Hillside - VICinity Map River City -
Application
River eity - River eity - Staff
Prelirrinary Plat Report
5. Birch Heating and Cooling
Zoning Advisory Commission recommending approval of the site plan for Birch Heating
and Cooling located on Cedar Cross Road, as requested by IIW Engineers.
Suggested Disposition: Receive and File; Approve
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Birch - ZAe Ltr
Birch - Staff Memo Ordinance 63-97
Birch - Site Plan
Birch - Prelirrinary
Design
6. Transit Board of Trustees
City Manager recommending approval of recommendations from the Transit Board of
Trustees to address capacity constraint issues on the minibus service through
productivity improvements.
Suggested Disposition: Receive and File; Approve
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Transit - MVM Memo
Transit - Staff Memo
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7. Request for Proposals - Municipal Communications Utility
City Manager recommending approval of the issuance of a Request for Proposals
(RFP) for a consultant to study the feasibility of a municipal communications utility.
Suggested Disposition: Receive and File; Approve
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Request for
Proposals
8. Federal Communications Commission
Notification from the Federal Communications Commission that MCClowa LLC has filed
a Petition for Special Relief for Determination of Effective Competition and Revocation
of Certification.
City Manager recommending that the City oppose the "l;ffective Competition" petition
that Mediacom has filed with the Federal Communications Commission and authorize
the Miller and Van Eaton law firm to file a Reply on the City's behalf.
Suggested Disposition: Receive and File; Approve
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FCC Filing
FCC Filing - MVM
Merro
FCC - Staff Merro
9. Custodial Services for City Facilities
City Manager recommending approval to replace the use of private cleaning services
with part-time City employees to provide custodial services for the Housing Services
Building, City Hall and the City Hall Annex.
Suggested Disposition: Receive and File; Approve
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Custodial SelVices -
MVM Memo
Custodial SelVices -
Staff Merro
10. National Trust Advisor
City Manager advising that Planning Services Manager Laura Carstens has been
nominated to be a National Trust Advisor by the National Trust for Historic Preservation.
Suggested Disposition: Receive and File
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Natl Trust Advisor -
MVM Merro
Natl Trust OvelView
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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)U) 2003 Code of Iowa
Jeanne F. Schneider
March 17,2005
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