4 2 07 Asst. Clerk Skeleton NotesCITY COUNCIL REGULAR SESSION, MARCH 19, 2007
COUNCIL MET IN REGULA~2 SESSION AT 6:30 P.M. IN T E LIBRARY AUDIT RIUM
PRESENT: MAYOR BUOL, COUNCIL MEMBERS BRAIG, CLI10E, CONN RS, JONES,
LYNCF,F, MICHA KI
CITY MANAGER VAN MILL`IU~EN; CITY ATTORNEY LINQAHL
ABSENT:
PLEDGE OF ALLEGIANCE
INVOCATION: Reverend Judy Wadding, Chaplain, Hillcrest Family Services
PROCLAMATIONS: ~ ~ ~~~d~~ ~- ~ nom'-~/~
America's Promise Day -April 2, 2007 .~.(~,
Square Dance Week -April 2, 2007 C~ ~~~~~
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Architecture Month -April, 2007 - /-l ` /~~~~~r~r'
• Boost Your Hometown Month -April, 2007 ~~ J~,'/~ /~ ~ ~J
Retired and Senior Volunteer Week -April 15 - 21, 2007 ~~'_. i/~ ~:~c~ %l~i~~1/`~
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1.
2.
CONSENT ITEMS -
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Ayes Nays
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Jones
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Minutes and Reports Submitted
a -8~°'~
Arts and Cultural Affairs Advisory Commission of 1/23; City Council of 3/19; Civil
Service Commission of 3/1; Historic Preservation Commission of 3/15; Housing Code
Appeals Board of 8/15/06; Housing Commission of 2/27; Long Range Planning Advisory
Commission of 3/14; Park and Recreation Commission of 3/13
Proofs of publication of City Council Proceedings of 2/26, 2/27, 3/1, 3/5, 3/7, and
3/8/2007 and List of Claims and Summary of Revenues for Month Ending 2/28/07
Suggested Disposition: Receive and File
Notice of Claims/Suits
David T. Buse for vehicle damage; Deutsche Bank National Trust Company v. Shane P.
Klaas and City of Dubuque; Drew Cook and Sons Excavating Company, Inc. for loss of
revenue; Jerome F. Ehlers for property damage; Lorraine A. Kelleher for property
damage; Jacqueline Moeller for vehicle damage; Jeremy Moses for vehicle damage;
Benjamin A. Shaw for property damage; Washington Mutual Bank v. City of Dubuque et
al; Richard Wertzberger for property damage; Lori Ziegenfuss 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: David T. Buse
for vehicle damage; Drew Cook and Sons Excavating Co., Inc. for loss of revenue;
Melanie Flesch for vehicle damage; Jeremy Moses for vehicle damage; Benjamin Shaw
for property damage; Richard Wertzberger for property damage.
City Attorney recommending settlement of the claim of Jacqueline Moeller for vehicle
damage and directing the Finance Department to issue payment.
Suggested Disposition: Receive and File; Concur
2
3. Legislative Correspondence
• Communications to Senator Tom Rielly and Senator Larry Noble urging support for
creation of the Transportation Investment Moves the Economy in the 21St Century
(TIME-21) fund.
Communication to State Legislators urging opposition to SF 554 in its current form and
any legislation that prevents a community from acquiring a cable television franchise
that best meets the needs of its citizens.
Suggested Disposition: Receive and File
4. Indemnification Agreement with Loras College
City Manager recommending approval of the Mutual Indemnification Agreement with
Loras College.
Suggested Disposition: Receive and File; Approve
5. Valentine Park 28E Agreement
City Manager recommending approval of the renewal of a 28E Agreement with the
Dubuque Community School District for approximately twelve acres of land off Valentine
Drive for development of Valentine Park.
Suggested Disposition: Receive and File; Approve
• 6. ADA Compliance
Communication from Katrina Wilberding, Director of Proudly Accessible Dubuque,
regarding ADA compliance.
Suggested Disposition: Receive and File
Ayes Nays
Braig
Buol
Cline
Connors
Jones
Lynch
Michalski
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3
• 7. Installation of Sidewalks on John F. Kennedy Road
Communication from Dolores G. Maggio, 2343 Gordon Drive, in opposition to the
installation of sidewalks on John F. Kennedy Road.
Suggested Disposition: Receive and File
8. Interstate Power and Light Company Electric Facilities Extension Agreement
City Manager recommending approval of an agreement with Interstate Power and Light
Company to activate the second power pedestal for electric service on the easterly side
of Chavenelle Road in Dubuque Industrial Center West.
Suggested Disposition: Receive and File; Approve
9. Cedar Ridge Farm Place No. 7
City Manager recommending acceptance of the public improvements that the
developer, Nemmers Cedar Ridge Farm, LP, has recently completed in Cedar Ridge
Farm Place No. 7.
RESOLUTION Accepting improvements in Cedar Ridge Farm Place
No. 7
Suggested Disposition: Receive and File; Adopt Resolution
• 10. Fifth Street Reconstruction Project -Alpine Street to Delhi Street
City Manager recommending approval of an amendment to the final assessment
schedule for the Fifth Street Reconstruction Project -Alpine Street to Delhi Street.
RESOLUTION Rescinding Resolution 74-07 and adopting in lieu
thereof a revised final schedule of assessments for the Fifth Street Reconstruction
Project -Delhi Street to Alpine Street
Suggested Disposition: Receive and File; Adopt Resolution
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• 11. Financing for Port of Dubuque Parking Ramp
City Manager recommending approval of a Financing Term Sheet with Robert W. Baird
& Company for financing of the public parking ramp in the Port of Dubuque.
Suggested Disposition: Receive and File; Approve
12. Certificate of Completion -Chavenelle Warehouse Development, LLC
City Manager recommending approval of the issuance of a Certificate of Completion to
the Developer acknowledging conditional completion of their obligations to construct
Minimum Improvements as stipulated by the Chavenelle Warehouse Development, LLC
Development Agreement for Theisen Supply, Inc.
Suggested Disposition: Receive and File; Approve
13. Demolition of Properly at 620 Iowa Street
Historic Preservation Commission recommending City Council approval of a request to
demolish the McDonald's Restaurant Building at 620 Iowa Street to construct a new
facility.
Suggested Disposition: Receive and File; Approve
14. Drug Awareness Resistance Education Contract
• City Manager recommending approval of the Drug Awareness Resistance Education
(DARE) contract between the City of Dubuque, the Dubuque Community Schools and
the Holy Family Catholic Schools.
Suggested Disposition: Receive and File; Approve
15. Dubuque Metropolitan Area Solid Waste Agency
Communication from the Dubuque Metropolitan Area Solid Waste Agency advising that
the Board of Directors of the Agency voted unanimously to extend the Waste Delivery
Contract with the City of Dubuque for an additional one-year term.
Suggested Disposition: Receive and File
Ayes Nays
Braig
Buol
Cline
Connors
Jones
Lynch
Michalski
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5
• 16. Purchase of Replacement Tractor-Backhoe-Loader
City Manager recommending approval of the purchase of a replacement tractor-
backhoe-loader for the Public Works Department at a cost of $67,799.44.
RESOLUTION Approving expenditures in excess of $25,000 for
certain purchases of goods and equipment
Suggested Disposition: Receive and File; Adopt Resolution
17. Tri-State Trail Vision
Communication from Dr. Charles Winterwood, Vice President of Tri-State Trail Vision,
expressing appreciation to the City for including the feasibility study for ahiking/biking
trail along the middle fork of Catfish Creek in the FY 2008 budget and offering
assistance with the study.
Suggested Disposition: Receive and File
18. Sustainable Design Assessment Team (SDAT)
City Manager recommending approval for Four Mounds Executive Director Christine
Happ Olson to serve on the Sustainable Design Assessment Team Steering
Committee.
• Suggested Disposition: Receive and File; Approve
19. Bricktown Update
City Manager submitting an update on the calls for service for Bricktown from
November 1, 2006 to March 15, 2007.
Suggested Disposition: Receive and File
Ayes Nays
Braig
Buol
Cline
Connors
Jones
Lynch
Michalski
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. 20. Union-Hoermann Press
Communication from Union-Hoermann Press requesting to purchase a portion of a City
street/alley abutting the property at 2175 Kerper Boulevard.
Suggested Disposition: Receive and File; Refer to City Manager
21. Signed Contracts
-- Point of Service Plan -Amendment 1
-- Federal Building Renovation Project -Asbestos Removal
-- Floodwall Improvement Projects -Change Orders #4 and #5
Suggested Disposition: Receive and File
22. Improvement Contracts /Performance, Payment and Maintenance Bonds
-- Historic Old Main Street -Lighting and Sidewalk Replacement Project
Suggested Disposition: Receive and File
23. Business Licenses
City Manager recommending approval of annual liquor license renewals as submitted.
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RESOLUTION
cigarettes within the City
Granting the issuance of one new license to sell
RESOLUTION Granting the issuance of a Class "B" Beer Permit to
McAleece Park Recreation Complex and a Class "C" Beer Permit to Hy-Vee Gas #3,
Kwik Stop C-Store and Hy-Vee #3
RESOLUTION Granting the issuance of a Class "C" Beer/Liquor
License to Hudson's Classic Grill, Knights of Columbus, Marco's, West Dubuque Tap
and Noonan's Tap; a Class "B" Wine Permit to Hy-Vee #3; and a Class "WBN" Wine
Permit to Kwik Stop C-Store, Bluff Street Brew Haus, Hy-Vee Gas #3, and Park Farm
Winery
Suggested Disposition: Receive and File; Adopt Resolutions
Ayes Nays
Braig
Buol
Cline
Connors
Jones
Lynch
Michalski
7
• ITEMS TO BE SET FOR PUBLIC HEARING
Ayes Nays
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Michalski
1. 2007 Asphalt Paving Project •- ~~~~%~
City Manager recommending initiation of the public bidding process for the 2007 Asphalt
Paving Project and that a public hearing on the plan and specifications, form of
contract, and estimated cost~e set for April 16, 2007
RESOLUTION Preliminary approval of plans and specifications,
form of contract, and estimated cost for the 2007 Asphalt Paving Project
RESOLUTION Setting date of hearing on plans and specifications,
form of contract, and estimated cost for the 2007 Asphalt Paving Project
RESOLUTION Ordering the advertisement for bids for the 2007
Asphalt Paving Project
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
4/16/07
Ayes Nays
Braig
Buol
Cline
Connors
Jones
Lynch
Michalski
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8
2. Downtown Streetlight and Traffic Signalization Pole Painting Project
• City Manager recommending initiation of the public bidding process for the Downtown
Streetlight and Traffic Signalization Pole Painting Project and that a public hearing on
the plans and specifications, form of contract, and estimated cost be set for April 16,
2007.
RESOLUTION Preliminary approval of plans and specifications,
form of contract, and estimated cost for the Downtown Streetlight and Traffic
Signalization Pole Painting Project
RESOLUTION Setting date of hearing on plans and specifications,
form of contract, and estimated cost for the Downtown Streetlight and Traffic
Signalization Pole Painting Project
RESOLUTION Ordering the advertisement for bids for the
Downtown Streetlight and Traffic Signalization Pole Painting Project
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing ~/
4/16/07
3. Port of Dubuque Outdoor Plaza - Phase I Project
City Manager recommending initiation of the public bidding process for the Port of
Dubuque Outdoor Plaza - Phase I Project and that a public hearing on the plans and
specifications, form of contract, and estimated cost be set for May 7, 2007.
RESOLUTION Preliminary approval of plans and specifications, form
of contract, and estimated cost for the Port of Dubuque Outdoor Plaza - Phase I Project
RESOLUTION Setting date of hearing on plans and specifications,
form of contract, and estimated cost for the Port of Dubuque Outdoor Plaza -Phase I
Project
RESOLUTION Ordering the advertisement for bids for the Port of
Dubuque Outdoor Plaza - Phase I Project
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing t/
5/7/07
4. Carnegie Stout Public Library Landmark Nomination
Communication from the Long Range Planning Advisory Commission recommending
that a public hearing be set for May 21, 2007 to consider approval of the nomination of
Carnegie Stout Public Library as a historic landmark.
Suggested Disposition: Receive and File; Approve; Public Hearing 5/21/07 /
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9
f'r BOARDS/COMMISSIONS
• Applicants are invited to address the Council regarding their desire to serve on the following
Boards/Commissions:
Airport Commission
-- One unexpired term through September 14, 2008 -Term of Goodmann
Applicants: Sue Czeshinski, Terry Mozena, Eric savage, Timothy Rink
Mediacom Cultural Foundation
-- Two expired one-year terms through December 31, 2007 -Terms of Hall and Fabricius
Applicants: Gail Chavenelle, Tom Goodman, Rich Hall, Michele McKinlay, Gene Perry,
Edwin Ritts, John Tilton, Vince Williams, John Woodin
Appointments to the following Boards/Commissions:
Mechanical Code Board
~~ -- Two expired three-year terms through March 16, 2009 (Terms of Geisler and
Willenborg)
~~ -- Three expired three-year terms through March 26, 2010 (Terms of Bandy, Kelly and
Papin)
Applicants: Chuck Bandy, Michael Kelly, Paul Papin, Harlan Willenborg
5 ~~-- ~r~~~~_
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PUBLIC HEARINGS
SUSPEND THE RULES
Ayes Nays
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1. Request to Purchase -Portion of Lenox Addition
Proof of publication on notice of hearing to consider a request from Richard Plowman to
vacate and purchase a portion of Lots 314 and 315 of Lenox Addition and City Manager
recommending approval.
RESOLUTION
Addition No. 3
Approving plat of survey of Lot 1 and Lot 2 of Lenox
RESOLUTION Disposing of City interest in Lot 1 of Lenox Addition No.
3 in the City of Dubuque, Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolutions
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Ayers Nays
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2. Expansion of Kendall/Hunt Publishing Company, Westmark Enterprises, Inc., and
Great River Technologies, LLC
Proof of publication on notice of hearing to consider approval of a Development
Agreement with Walter Development LLC, who will be constructing a 120,000 square
foot distribution facility and office for Kendall/Hunt Publishing Company, Westmark
Enterprises, Inc. and Great River Technologies, LLC, all related companies, on 13.915
acres in Dubuque Industrial Center West and City Manager recommending approval.
•
•
RESOLUTION Determining that the proposal of Walter Development,
LLC, Kendall/Hunt Publishing Company, Westmark Enterprises, Inc., and Great River
Technologies, LLC to acquire and develop property in the Dubuque Industrial Center
Economic Development Urban Renewal District in Dubuque Industrial Center West 7cn
Addition in the City of Dubuque, Iowa is in compliance with the terms of the City's
offering for the disposition of such property
RESOLUTION Accepting the proposal from Walter Development,
LLC, Kendall/Hunt Publishing Company, Westmark Enterprises, Inc., and Great River
Technologies, LLC for the purchase of property in the Dubuque Industrial Center
Economic Development Urban Renewal District in Dubuque Industrial Center West 7tn
Addition in the City of Dubuque, Iowa and approving the Development Agreement with
Walter Development, LLC, Kendall/Hunt Publishing Company, Westmark Enterprises,
Inc., and Great River Technologies, LLC
Suggested Disposition: Receive and File; Adopt Resolutions
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Michalski
12
3. 2030 Future Land Use Map
Proof of publication on notice of hearing to consider adoption of the 2030 Future Land
Use Map and City Manager recommending approval.
Suggested Disposition: Receive and File; Approve
Ayes Nays
j/ •~ Braig
j/ Buol
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Jones
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Michalski
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• 4. City Hall Parking Lot Reconstruction Project
Proof of publication on notice of hearing to consider adoption of the plans and
specifications, form of contract, estimated cost and Resolution of Necessity for the City
Hall Parking Lot Reconstruction Project and City Manager recommending approval.
•
RESOLUTION Approval of plans and specifications, form of contract,
and estimated cost for the City Hall Parking Lot Reconstruction Project
RESOLUTION With respect to adoption of the Resolution of Necessity
for the City Hall Parking Lot Reconstruction Project
Suggested Disposition: Receive and File; Adopt Resolutions
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City Hall Envelope Restoration (Tuckpointing) Project ~
Proof of publication on notice of hearing to consider adoption of the plans and
specifications, form of contract, and estimate of cost for the City Hall Envelope
Restoration (Tuckpointing) Project and City Manager recommending rejection of the
bids received.
RESOLUTION Rejecting bids for the City Hall Envelope
Restoration (Tuckpointing) Project
Suggested Disposition: Receive and File; Adopt Resolution
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15
6. Federal Building -Exterior Window Lead Abatement Removal and Painting, and
• Renovated Areas Window Repair, Glass Replacement, Interior Window Lead Paint
Removal and Painting Project
Proof of publication on notice of hearing to consider adoption of the plans and
specifications, form of contract and estimated cost for the Federal Building Exterior
Window Lead Paint Removal and Painting, and Renovated Areas Window Repair,
Glass Replacement, Interior Window Lead Paint Removal and Painting Project and City
Manager recommending award of the contract to Tricon General Construction in the
amount of $408,000.
RESOLUTION Approval of plans and specifications, form of
contract, and estimated cost for the Federal Building Exterior Window Lead Paint
Removal and Painting, and Renovated Areas Window Repair, Glass Replacement,
Interior Window Lead Paint Removal and Painting Project.
RESOLUTION Awarding the contract for the Federal Building
Exterior Window Lead Paint Removal and Painting, and Renovated Areas Window
Repair, Glass Replacement, Interior Window Lead Paint Removal and Painting Project
to Tricon General Construction
Suggested Disposition: Receive and File; Adopt Resolutions
•
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REINSTATE THE RULES
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ACTION ITEMS
1. Residential Parking Permit District (First Reading on March 5, 2007 and Second
Reading on March 19, 2007)
ORDINANCE Amending the Code of Ordinances of the City of Dubuque, Iowa, by
adopting a new Section 32-401 providing for the designation of Phyllrich Drive between
Keystone Drive and Keymont Drive as a Residential Parking Permit District
Suggested Disposition: Receive and File; Motion A
Ayes Nays
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Michalski
Ayes Nays
Braig
Buol
Cline
Connors
Jones
Lynch
Michalski
•
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2. Greater Dubuque Development Corporation
Communication from Rick Dickinson, Executive Director of the Greater Dubuque
Development Corporation, requesting financial support for the implementation of the
Greater Dubuque: Destination for Opportunity campaign.
City Manager recommending approval of GDDC's request to provide $100,000 per year
over the next five years for implementation of the Greater Dubuque: Destination for
Opportunity campaign.
Rick Dickinson, Executive Director of the Greater Dubuque Development Corporation,
to provide a presentation of the Greater Dubuque: Destination for Opportunity
campaign.
Suggested Disposition: Receive and File; Approve
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3. Historic Preservation Commission Membership
Communication from the Historic Preservation Commission requesting City Council
review of an amendment to the Historic Preservation Ordinance which would allow
property owners or business owners to temporarily represent vacant historic district
seats until such time that a resident volunteer can be appointed and that the proposed
ordinance be forwarded to the State Historical Society of Iowa (SHSI) for review and
comment prior to adoption.
ORDINANCE Amending Chapter 25 (Historic Preservation) of the City of Dubuque
Code of Ordinances by adding a new Section 25-3(h) to allow owners of real property
and owners of businesses in the district to be temporarily appointed to vacant district
seats until such a time a qualified resident can be appointed
Suggested Disposition: Receive and File; Approve
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4. City/County Fringe Area Policy Agreement
City Manager submitting a draft letter from Mayor Roy D. Buol to Dubuque County
Board of Supervisors Chairperson Eric Manternach requesting to reopen discussions on
creating a Fringe Area Policy Agreement that is acceptable to both the City of Dubuque
and Dubuque County.
Suggested Disposition: Receive and File; Approve
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•
•
Ayes Nays
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• 5. Long Range Planning Advisory Commission
Communication from the Long Range Planning Advisory Commission regarding the
objectives in the Land Use and Urban Design Element and recommending that the
wording of Objective 9.8 be revised.
Suggested Disposition: Receive and File; Ap ve
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• 6. Proposed Millworkin Historic District -Status
9 Report
City Manager submitting a status report on the proposed Millworking Historic District
and recommending approval to proceed with the submission of a National Register
Historic District nomination for the District.
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Suggested Disposition: Receive and File; Ap ve~1 l.~
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22
7. Parking Control Equipment Purchase
City Manager recommending that Federal APD be considered as a sole source provider
for parking control equipment for the new City-owned lot adjacent to McGraw-Hill
Company in the Port of Dubuque, the new Port of Dubuque Parking Ramp, and for
replacement equipment in existing ramps.
Suggested Disposition: Receive and File; Approve
,Ayes Nays
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Buol
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8. Fifth Street Reconstruction Project -Alpine Street to Hill Street ~~
City Manager recommending award of the construction contract for the Fifth Street
Reconstruction Project -Alpine Street to Hill Street to Horsfield Construction, Inc., in
the amount of $764,204.90.
RESOLUTION Awarding public improvement contract for the Fifth
Street Reconstruction Project -Alpine to Hill Street
RESOLUTION Approving the public improvement contract and
bonds with Horsfield Construction, Inc., for the Fifth Street Reconstruction project -
Alpine Street to Hill Street
Suggested Disposition: Receive and File; Adopt Resolutions
•
Ayes Nays
Braig
Buol
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23
• COUNCIL MEMBER REPORTS
~~~~~
PUBLIC INPUT '~',1~~~~
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
Personnel Issue -Chapter 21.5(1)(1) 2007 Code of Iowa
Collective Bargaining Strategy -Iowa Code Chapter 20.17(3)
• Motion to go into Closed Session at • ~Q~
Motion to adjourn at ~ ~
Ayes Nays
Braig
Buol
j/ Cline
i/ 2i Connors
1% Jones
~% Lynch
~// Michalski
•
Ayes Nays
Braig
Buol
Cline
Connors
Jones
Lynch
Michalski
24