9 5 06 Skeleton Sheet
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CITY COUNCIL REGULAR SESSION, SEPTEMBER 5, 2006
. ,COUNCIL MET IN REGULAR SESSION AT 6:30 P.M: IN THE LIBRARY ~UDITORIU'1
PRES,.ENT: MAYOR ~L, COUNCIL MEMBERS ~AIG, C'NE, CO~ORS, JONJs,
LYNCH, MICty(LSKI
CITY MANAGER VAN ~LLlGEN, CITY ATTORNE~INDAHL
ABSENT:
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Mayor Buol read the call and stated this is a regular session of the City Council called
for the purpose of discussing such matters which may properly come before the City
Council.
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INVOCATION: Sister Joy Peterson, President of Sisters of the Presentation ,
SWEARING-IN OF MAYOR PRO-TEM KARLA BRAIG . 1"'~
PROCLAMATIONS: ,t.,) J ~)I)
Public Safety Memorial Day .?fi'zutj/~hLlY;) ;rr r
D.....e, Iowa POW - MIA Rec~'.n Dey ;;:;;p~) AflJA/ d~ :3dJ?~
Assisted Living Week
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CONSENT ITEMS
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A~s Nays
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Michalski
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1. Minutes and Reports Submitted
Arts and Cultural Affairs Advisory Commission of 7/25; City Council of 8/21; Historic
Preservation Commission of 8/17; Human Rights Commission of 6/12; long Range
Planning Advisory Commission of 8/16; Zoning Board of Adjustment of 7/27
Proof of publication of City Council Proceedings of August 7, 2006
Printed City Council Proceedings for month of February, 2006
Library Board of Trustees Update from the meetings of August 24 and August 28, 2006
. Suggested Disposition: Receive and File; Approve as Printed
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2.
Notice of Claims/Suits
Thomas Koch (Paul's Tavern) for property damage; John Oberhausen for property
damage
Suggested Disposition: Receive and File; Refer to City Attorney
City Attorney advising that the following claim has been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Communities Assurance Pool: Thomas Koch
for property damage
City Attorney recommending settlement of the claim of John Oberhausen for property
damage and directing the Finance Department to issue payment.
Suggested Disposition: Receive and File; Concur; Finance Dept to Issue
Payment
Citizen Communications
Communication from Rose Manders, 1835 Vizaleea Drive, thanking the City Council for
approving the Residential Parking Permit District on Vizaleea Drive.
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Communication of Penny Ehlinger, 1017 Aspect Court, regarding the Americans with
Disabilities Act. /1 '1'y
Suggested Disposition: Receive and File
4. Regency Iowa, Inc.
Communication from Regency Iowa, Inc. advising that Regency Thermographers,
located at 750 White Street, Dubuque, Iowa, will be permanently closing.
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3.
Suggested Disposition: Receive and File
5. Iowa Department of Economic Development
Steven R. McCann, City Development Board Administrator, submitting the Findings of
Fact and Conclusions of Law and The Final Order filed by the City Development Board
approving the voluntary annexation petition submitted by the City of Dubuque.
Suggested Disposition: Receive and File
Ayes Nays
Braig
Buol
Cline
Connors
Jones
. Lynch
Michalski
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Iowa Department of Natural Resources
Notification of Violation from the Iowa Department of Natural Resources for the City's
Wastewater Treatment facility.
Suggested Disposition: Receive and File; Refer to the City Manager
7. Comprehensive Plan Update
Long Range Planning Advisory Commission submitting the July 2006 Report on the
Comprehensive Plan Update process.
Suggested Disposition: Receive and File
8. Historic District Public Improvement Program - Four Mounds Interpretive Signs
Historic Preservation Commission recommending City Council approval of $7,394.23 of
Historic District Public Improvement Project (HDPIP) funding for the installation of three
outdoor interpretive signs and a concrete walk within the farm campus of Four Mounds.
Suggested Disposition: Receive and File; Approve
Historic District Public Improvement Program - Four Mounds Archeological
Survey
Historic Preservation Commission recommending City Council approval of $2,304.06 of
HDPIP funding for the Phase I Intensive Archeological Survey and Evaluation on the
cultured grounds of Four Mounds.
9.
Suggested Disposition: Receive and File; Approve
Ayes Nays
Braig
Buol
Cline
Connors
Jones
Lynch
Michalski
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. 10.
Historic Sites Preservation Grant Application
City Manager recommending approval of the submission of a grant application for
$55,250 from the Historic Sites Preservation Grant program for rehabilitation of the
White Water Creek Bridge and authorizing the use of the Bridge Maintenance CIP as
the source of the required local match.
RESOLUTION '/{:J;?< Authorizing an application to the Historic Sites
Preservation Grant Program for the White Water Creek Bridge
Suggested Disposition: Receive and File; Adopt Resolution
11. Operating Engineers' Collective Bargaining Agreement
City Manager recommending approval of an amendment to the collective bargaining
agreement with the International Union of Operating Engineers, Local #758, that would
provide for a work week that consists of ten hours per day/four days per week for full-
time Public Safety Dispatchers.
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Suggested Disposition: Receive and File; Approve
Utility Expense and Cost Analysis Study
City Manager recommending approval of a Management Consulting Service Agreement
with Springsted, Inc. to conduct a Utility Expense and Cost Analysis Study.
RESOLUTION ~C?:3 Approving the Agreement for Management
Consulting Services between the City of Dubuque, Iowa, and Springsted, Inc. for the
Public Utility Expense and Cost Analysis Study
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
Braig
Buol
Cline
Connors
Jones
Lynch
Michalski
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13.
Lower Main Development, LLC
City Manager recommending approval of a Downtown Rehabilitation Loan in the
amount of $300,000 to Lower Main Development, LLC for rehabilitation of the former
Weber Paper Building located at 137 Main Street.
RESOLUTION ~('l -/ Authorizing the completion of a Downtown
Rehabilitation Loan to Lower Main Development LLC
Suggested Disposition: Receive and File; Adopt Resolution
14. Establishment of Fair Market Value
City Manager recommending that the fair market value for property located at 1721 Elm
Street be established at Forty-Eight Thousand Dollars ($48,000).
RESOLUTION /;/ (l :;..-'). Establishing the Fair Market Value of real property
owned by Troy Hansen located at 1721 Elm Street in the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
Asbury Plaza Area Lift Station and Force Main Project
City Manager recommending approval of the selection of IIW Engineers and Surveyors,
P.C. to perform engineering services for the Asbury Plaza Area Lift Station and Force
Main Project at a cost of $49,000.
15.
Suggested Disposition: Receive and File; Approve
16. Relocation Services for Bee Branch Realignment Project
City Manager recommending approval of a contract with the East Central
Intergovernmental Association for services in connection with residential acquisitions
and relocations for the Bee Branch Realignment Project.
RESOLUTION -7"'C? ? Approving a contract with the East Central
Intergovernmental Association for acquisition and relocation assistance services
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
Braig
Buol
Cline
Connors
Jones
Lynch
Michalski
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. 17.
Telecommunications Carrier Assessment Study
City Manager recommending approval of the selection of RSM McGladrey to complete a
Telecommunications Carrier Assessment Study in cooperation with the County of
Dubuque.
Suggested Disposition: Receive and File; Approve
18. Siegert Farm Lease Extension
City Manager recommending approval to enter into a one-year lease extension on the
north farm (Middle Road) and a three-year lease extension on the south farm (Cousins
Road) with William and Janet Siegert.
RESOLUTION ..yC7 '/ Approving a farm lease with William and Janet Siegert
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Suggested Disposition: Receive and File; Adopt Resolution
Safe Roads to School Grant
Communication from Elizabeth Bonz, City Administrator of the City of Asbury,
requesting approval of a resolution of support for the Intersection Improvement Project
to assist the City of Asbury in obtaining funds from the Safe Roads to School Grant.
RESOLUTION 'l'(:J:t' Expressing support for the City of Asbury
Intersection Improvement Project
Suggested Disposition: Receive and File; Adopt Resolution
20. Residential Parking Permit District
Communication from Mr. Shannon Mussman submitting a petition requesting that
Hansel Drive be designated as a Residential Parking Permit District.
Suggested Disposition: Receive and File; Refer to City Manager
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Ayes Nays
Braig
Buol
Cline
Connors
Jones
Lynch
Michalski
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. 21.
Request to Purchase
Communication from Stephen J. Schmall, Vice President for Finance and Administration
Services - Loras College, requesting to purchase a portion of the City alley abutting their
property.
Suggested Disposition: Receive and File; Refer to City Manager
22. Pandemic Influenza Plan
City Manager submitting the Dubuque County Pandemic Influenza Plan for City Council
review.
Suggested Disposition: Receive and File
23. Mediacom System Upgrade
City Manager recommending that the City Council receive and file a Mediacom notice
that they intend to begin their upgrade of the Dubuque cable system in mid-September.
24.
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Suggested Disposition: Receive and File
Iowa Department of Public Health (IDPH) Childhood Lead Poisoning Funding and
Agreement with the Visiting Nurse Association (VNA) and the Dubuque County
Board of Health
City Manager recommending execution of a contract with the Dubuque County Board of
Health for continued funding of the Childhood Lead Poisoning Prevention Program
(CLPPP) and a renewed agreement with the Visiting Nurse Association (VNA) for
services related to the CLPPP.
Suggested Disposition: Receive and File; Approve
25. Dubuque Screw Products
Communication from James E. Goodman, Jr., representing Dubuque Screw Products,
requesting approval of the assignment of the Development Agreement between the City
of Dubuque and Dubuque Screw Products to Beck Construction,
Suggested Disposition: Receive an File; Refer to City Manager
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Axes Nays
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Contracts
City Manager advising that he has signed the following contracts:
-- Roadway Maintenance Agreement
-- Encephalitis Monitoring Memorandum of Understanding with the Iowa Department of
Public Health Amendment
-- Asbury Road Culvert and Garfield Street Manhole Repairs
Suggested Disposition: Receive and File
27. Improvement Contracts I Performance, Payment and Maintenance Bonds
-- National Mississippi River Museum and Aquarium Expansion Project - Former
Adams Company Building Re-Roof and Structural Repairs Project
-- Paint Ham House Trim Project
Suggested Disposition: Receive and File
28. Liquor License Transfer
Request of Chad Witthoeft, Isabella's at the Ryan House, requesting to transfer his
liquor license to 1000 Jackson Street for Voices for the Art on September 17, 2006.
Suggested Disposition: Receive and File; Approve
.29.
Business License Refund
Request of Laurie Vigen, The Avenew Sports Bar, for a refund of the liquor license in
the amount of $633.75.
Suggested Disposition: Receive and File; Approve Refund
Ayes Nays
Braig
Buol
Cline
Connors
Jones
Lynch
Michalski
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30.
Business Licenses
RESOLUTION //'CJ 'I Granting the issuance of three renewal permits to
sell cigarettes and cigarette papers within the City
RESOLUTION ""'//0 Granting the issuance of a Class "B" Beer (5-Day
Special Event) Permit to Carlos O'Kelly's; Class "B" Beer Permit to Taqueria Mexico;
and Class "C" Beer Permit to Wal-Mart Super Center, Phillips 66/Arbys, Kwik Stop Food
Mart, and Family Mart
RESOLUTION c-/// Granting the issuance of a Class "C" Beer/Liquor
License to Europa House, Angie's Bar, Lucky 13 Tap, Grand River Center, Red Robin
Burgers and Rudy's Tacos; Class "B" Wine Permit to Wal-Mart Super Center; and a
Class "WBN" Wine Permit to Mandolin Inn
Suggested Disposition: Adopt Resolutions
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Ayes Nays
Braig
Buol
Cline
Connors
Jones
Lynch
Michalski
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ITEMS TO BE SET FOR PUBLIC HEARING
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1. Eagle Point Park Roofing Projects
City Manager recommending initiation of the public bidding process for the Eagle Point
Park Roofing Projects and that a public hearing be set for October 2, 2006.
RESOLUTION ,(// ;;2
RESOLUTION <'7'/.3
. RESOLUTION q'/i'
Preliminary approval of plans and specifications
Setting date of hearing on plans and specifications
Ordering bids
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
10/2/06
2. Individual Historic Designation - 565 Fenelon Place
Communication from the Long Range Planning Advisory Commission recommending
that a public hearing be set for November 6, 2006 to consider approval of the Individual
Historic Designation of 565 Fenelon Place.
Suggested Disposition: Receive and File; Public Hearing 11/6/06
Ayes Nays
Braig
Buol
Cline
Connors
Jones
Lynch
Michalski
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BOARDS/COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following
Boards/Commissions:
Airport Commission (One four-year term throu;eh 9l 4/10 - Term of Accinelli)
Applicants: Steven R. Accinelli, E~R. Savage
Environmental Stewardsh~ vfsory co~~?s ion (One vacant three-year term through
10/1/09)
Applicant: Gayle Casel
Historic Preservation ~j mission (One unexpired three-year term through 7/1/08 - Old
Main District and one unexpired three-year term through 7/1/08 - Langworthy District)
Appllc,,', Ke"h;?)"9hl - ',"gworthy D"lriO
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PUBLIC HEARINGS
SUSPEND THE RULES
!yes Nays
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Buol
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Lynch
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1.
Loras College - Request to Vacate
Proof of publication of notice of hearing to consider a request from Loras College to
vacate and purchase a portion of a City-owned alley between West 16th Street and
West 1ih Street west of Catherine Street and City Manager recommending approval.
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RESOLUTION '7'/ J Approving plat of proposed vacating of the westerly
thirty feet of the alley between West 16th Street and West 1 ih Street west of Catherine
Street
RESOLUTION ~//?' Vacating the westerly thirty feet of the alley between
West 16th Street and West 1ih Street west of Catherine Street
RESOLUTION L('/ /' Disposing of City interest in Lot 44A of Yates'
Subdivision of Outlots 780 and 713 in the City of Dubuque, Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution7
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Ayes Nays
/ Braig
Buol
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Vacate Unnamed Road Off of Rosedale Avenue
Proof of publication of notice of hearing to consider vacating a portion of an unnamed
street off of Rosedale Avenue and City Manager recommending approval.
RESOLUTION Lj// g/ Approving plat of Lot D and Lot E of Rosedale
Addition No, 2 in the City of Dubuque, Dubuque County, Iowa, being the proposed
vacating of an unnamed road south of Rosedale Avenue near Glen Oak Street in the
City of Dubuque, Dubuque County, Iowa
RESOLUTION /7"/.7 Approving plat of Lot F and Lot G of Rosedale
Addition No, 2 in the City of Dubuque, Dubuque County, Iowa, being the proposed
vacating of an unnamed road south of Rosedale Avenue near Glen Oak Street in the
City of Dubuque, Dubuque County, Iowa
RESOLUTION .</;?t/ Vacating an unnamed road south of Rosedale
Avenue near Glen Oak Street in the City of Dubuque, Dubuque County, Iowa
RESOLUTION ~?/ Disposing of City interest in Lots D, E, F and G of
Rosedale Addition NO.2 in the City of Dubuque, Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolutio~
Ayes Nays
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Michalski
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Fourth Street Extension Vacating
Proof of publication of notice of hearing to consider vacating the Fourth Street Extension
to reconstruct the street in this area to provide access to the Shot Tower and parking
areas adjacent to the Brewery and City Manager recommending approval.
RESOLUTION
Street Extension
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Approving plat of proposed vacating of Fourth
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RESOLUTION ~-I?3 Vacating Fourth Street Extension
Suggested Disposition: Receive and File; Adopt Resolution?
/<yeJ!;)L . Nays
/ (Wtsralg
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(!J Cline
/'/.. Connors
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//. Lynch
Michalski
Highway 20 Landscaping - Phase II Project
Proof of publication of notice of hearing to consider adoption of the plans and
specifications for the Highway 20 Landscaping - Phase II Project and City Manager
recommending award of the contract to Smith Seeding in the amount of $240,657.
RESOLUTION /7'.;;7,,/'
RESOLUTION L/~ 5"
RESOLUTION "'/ ???" Approving construction contract with Smith Seeding
for the Highway 20 Landscaping - Phase II Project
Adopting plans and specifications
Awarding contract
Suggested Disposition: Receive and File; Adopt Resolutions
,/'<J. es Nays
'/. Braig
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I line
~ e Connors
/ Jones
/" Mynch
GVMichalski
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5.
US 20 (Devon Drive to Menards) Capacity Improvements Project
Proof of publication of notice of hearing to consider adoption of the plans and
specifications for the US 20 (Devon Drive to Menards) Capacity Improvements Project
and City Manager advising that the only bid received was incomplete and therefore the
project will be re-bid later this year.
RESOLUTION Qc9 /' Rejecting the contract bid proposal for the US 20
(Devon Drive to Menards) Capacity Improvements Project - Phase I Traffic Signal and
Intelligent Transportation System Improvements (STP-A-020-9(186)-22-31)
Suggested Disposition: Receive and File; Adopt Resolution
A}les Nays
// Braig
Buol
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/a\Jones
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/ Michalski
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Loras Boulevard Traffic Signalization Replacement Project
Proof of publication of notice of hearing to consider adoption of the plans and
specifications for the Loras Boulevard Traffic Signalization Replacement Project and
City Manager recommending award of the contract to Portzen Construction, Inc., in the
amount of $282,680.25.
RESOLUTION /-//7 g
RESOLUTION -Y'i7 /' Awarding contract
RESOLUTION ~'3 0 Approving construction contract with Portzen
Construction, Inc. for the Loras Boulevard Traffic Signalization Replacement Project
Adopting plans and specifications
Suggested Disposition: Receive and File; Adopt Resolutions
~yes Nays
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Cline
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REINSTATE THE RULES
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ACTION ITEMS
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1. Dubuque Main Street, Ltd.
Dan LoBianco, Dubuque Main Street, Ltd., to provide verbal quarterly report.
Suggested Disposition: Receive and File
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Braig
Buol
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Architectural Services for Federal Building
City Manager recommending approval to enter into an agreement with Neumann
Monson Architects to provide design services for the Federal Building project in the
amount of $118,580.
RESOLUTION ./7"3/ Approving an agreement with Neumann Monson
Architects for services related to the design and adaptive reuse of the Federal Building . ~J
'...osted DI.posl..n' R...lv. end FII.; Ad.pt Ros,'...n ~ il'
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Request to Address the City Council
Request of Tara Winger regarding discrimination in housing.
Suggested Disposition: Receive and File; Council
/ Ayes Nays
;. Braig
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'I; Connors
/ / Jones
I /,) Lynch
I!J Michalski
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America's River Corporation l'
City Manager recommending approval of a contribution of up to $5,000 toward the
deficit of the 2006 America's River Festival based on a request from Jerry Enzler, Chair
of America's River Corporation.
Suggested Disposition: Receive and File; Approve
)yes BraigNayS
1/ Buol
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II Connors
I D~ones
/ ~ynch
I Michalski
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Municipal Infraction Penalties
City Manager recommending approval of an ordinance amending the City of Dubuque
Code of Ordinances to increase the amount of the penalties for civil infractions.
ORDINANCE y{/ / {;Ie:;; Amending the City of Dubuque Code of
Ordinances Section 1-16 Penalties for Civil Infractions by increasing the amount of the
penalties
Suggested Disposition: Receive and File; Motion B; Motion A
~yes Nays
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/; Connors
, Jones
/. (,) Lynch
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Ayes Nays
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COUNCIL MEMBER REPORTS ~/f j!~ 'I) !:t
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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
August 31, 2006
Motion to Adjourn at
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Ay,es Nays
// Braig
// a~~ol
~Ime
// Connors
/ Jones
. Lynch
/'0 Michalski
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