3 21 16 Clerk's Skeleton Notes and Meeting CallsCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
The Dubuque City Council met in special session at 5:30 p.m. on March 21, 2016 in
the Historic Federal Building, 350 W. 6th Street.
Present: Mr B of
171-arVht Mayor Pro -Tem Jones; Council Members Connors,
,6I Toro, Lyn -h, Resnik, Rios; City Manager Van Milligen, City Attorney Lindahl
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Mayor Pro -Tem Jones read the call and stated this is a special session of the City
Council called for the purpose of conducting a work session on the U.S. EPA Semi Annual
Consent Decree Update.
WORK SESSION
U.S. EPA Semi Annual Consent Decree Update
ADJOURNMENT
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CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:30 p.m. on March 21, 2016in the
Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buo1 (via phone); Mayor Pro -Tem Jones; Council Members Connors,
14e1 Toro, Lynch, Resnjk, Rios; City Manager Van Milligen, City Attorney-Lindahl
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Mayor Pro -Tem Jones read the call and stated this is a regular session of the City
Council called for the purpose of conducting such business that may properly come
before the City Council.
PLEDGE OF ALLEGIANCE
PRESENTATION
1. National League of Cities 2016 City Cultural Diversity Award Presentation of the 2016
National League of Cities (NLC) First Place City Cultural Diversity Award to the City of
Dubuque for its support of Inclusive Dubuque and its efforts to develop a ymmunity
equity profile. r
PROCLAMATION(S)
1. Autism Awareness Month (April 2016) was accepted by,
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CONSENT ITEMS
1. Minutes and Reports Submitted
City Council Minutes of 3/7, 3/14; Human Rights Commission of 2/8; Library Board of
Trustees of 1/28 and Council Update of 2/26; Zoning Advisory Commission of 3/2; Proof
of Publication for City Council Proceedings of 2/15, 2/17, 2/18, 2/22, and 2/24; Proof of
Publication for List of Claims and Summary of Revenues for Month Ending 1/31
Suggested Disposition: Receive and File
2. Notice of Claims and Suits
Catherine Christensen for personal injury; Laura Gerner for property damage; William
and Racquel McClellen and Ramone Bowen, Jr. for personal injury and property
damage; Iraida Nazario for property damage.
Suggested Disposition: Receive and File; Refer to City Attorney
3. Disposition of Claims
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: Catherine
Christensen for personal injury; Laura Gerner for property damage; William and
Racquel McClellan and Ramone Bowen, Jr. for personal injury and vehicle damage;
Iraida Nazario for property damage.
Suggested Disposition: Receive and File; Concur
4. Civil Service Commission - Certified Lists
Civil Service Commission submitting the certified list for the position of Water
Distribution Equipment Operator.
Suggested Disposition: Receive and File; Make Matter of Record
Yays
Nays
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Jones
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5. Heritage Works Letter of Support for Eagle Point Park Celebration and
Symposium
City Manager transmitting Mayor Buol's Letter of Support for Heritage Works to produce
a celebration for and academic symposium about Alfred Caldwell's work at Eagle Point
Park.
Suggested Disposition: Receive and File
6. Acceptance of Donation of Lot Adjacent to Southern Park
City Manager recommending acceptance of the donation from Dubuque County of Lot 2
of Subdivision of Lot 6 of John Breakey's Dubuque located adjacent to Southern Park.
RESOLUTION 87-16 Accepting the Deed to certain real estate in Dubuque County,
Iowa from Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
7. ndrew Makovec Claim Appeal
ity Attorney recommending denial of the appeal of a claim against the City by Andrew
Makovec for property damage.
Suggested Disposition: Receive and File; Concur
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Yays
Nays
Del Toro
Jones
Resnick
Buol
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8. General Obligation Bonds Series 2016ABC Complete Action
City Manager recommending approval of the suggested proceedings to complete the
action required on the recent Series 2016A, Series 2016B and Series 2016C General
Obligation Bonds.
RESOLUTION 88-16 (Series 2016A) Appointing Wells Fargo Bank, National
Association of Minneapolis, Minnesota, to serve as Paying Agent, Bond Registrar, and
Transfer Agent, approving the Paying Agent and Bond Registrar and Transfer Agent
Agreement and authorizing the Execution of the Agreement.
RESOLUTION 89-16 (Series 2016A) Amending the "Resolution Authorizing and
Providing for the Issuance and Levying a Tax for the Payment Thereof" passed May 4,
2015, by substituting a new Resolution therefore, authorizing and providing for the
issuance of $2,830,000 General Obligation Bonds, Series 2016A, and levying a tax to
pay said Bonds; approval of the Tax Exemption Certificate and Continuing Disclosure
Certificate.
RESOLUTION 90-16 (Series 2016B) Appointing Wells Fargo Bank, National
Association of Minneapolis, Minnesota, to serve as Paying Agent, Bond Registrar, and
Transfer Agent, approving the Paying Agent and Bond Registrar and Transfer Agent
Agreement and Authorizing the execution of the Agreement.
RESOLUTION 91-16 (Series 2016B) Authorizing and providing for the issuance of
$10,920,000 General Obligation Refunding Bonds, Series 2016B, and levying a tax to
pay said Bonds; approval of the Tax Exemption Certificate and Continuing Disclosure
Certificate.
RESOLUTION 92-16 (Series 2016C) Appointing Wells Fargo Bank, National
Association of Minneapolis, Minnesota, to serve as Paying Agent, Bond Registrar, and
Transfer Agent, approving the Paying Agent and Bond Registrar and Transfer Agent
Agreement and Authorizing the execution of the Agreement.
RESOLUTION 93-16(Series 2016C) Authorizing and providing for the issuance of
$4,145,000 General Obligation Bonds, Series 2016C, and levying a tax to pay said
Bonds; approval of the Tax Exemption Certificate and Continuing Disclosure Certificate
Suggested Disposition: Receive and File; Adopt Resolution(s)
5
Yays
Nays
Del Toro
Jones
Resnick
Buol
Rios
Connors
Lynch
9. U.S. EPA Consent Decree Semiannual Report
City Manager recommending approval and authorization for the City Manager to certify
and submit the City of Dubuque's March 31 Semi Annual Report to the US Department
of Justice, US Environmental Protection Agency and the Iowa Department of Natural
Resources.
Suggested Disposition: Receive and File; Approve
10. Stipulation of Settlement — Adams Company Property Tax Appeal
City Attorney recommending approval of the Stipulation of Settlement for a property tax
appeal filed by the Adams Company for property located at 8040 Chavenelle Road.
Suggested Disposition: Receive and File; Approve
11. Holy Family Catholic Schools Indemnification Agreement
City Manager recommending approval of an agreement between Holy Family Catholic
Schools and the City of Dubuque for the purpose of stream cleanup and testing
activities at the Bee Branch Creek.
Suggested Disposition: Receive and File; Approve
12. Application for Summer USDN Fellow
City Manager recommending approval of an application for a summer Fellow to be
placed with the Human Rights Department to support My Brother's Keeper Network.
Suggested Disposition: Receive and File; Approve
13. Rousselot Dubuque, Inc. Contract Amendment
City Manager recommending approval of an Amended Enterprise Zone Contract
between Rousselot Dubuque, Inc., the Iowa Economic Development Authority and the
City of Dubuque, which extends Rousselot's job creation requirements to December 31,
2016.
RESOLUTION 94-16 Approving an Amendment to the Economic Development
Assistance Contract by and among Rousselot Dubuque, Inc., the City of Dubuque, and
the Iowa Economic Development Authority
Suggested Disposition: Receive and File; Adopt Resolution(s)
6
Yays
Nays
Del Toro
Jones
Resnick
Buol
Rios
Connors
Lynch
14. Final Plat of Dubuque Industrial Center South Third Addition
Zoning Advisory Commission recommending approval of the Final Plat of Dubuque
Industrial Center South Third Addition.
RESOLUTION 95-16 Approving the final Plat Dubuque Industrial Center Third Addition
in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
15. Request to Award 30- and 42 -inch Sanitary Sewer Force Main and Lift Station
Assessment and Rehabilitation Project
City Manager recommending authorization for the City to enter into a contract with
Strand Associates to perform engineering consulting services including, but not limited
to, survey inspection and assessment of the City's 30- and 42 -inch sanitary sewer force
mains and Terminal Street and Cedar Street Lift Stations
Suggested Disposition: Receive and File; Approve
16. Request for Release of Funds - CDBG
City Manager recommending approval of a resolution authorizing the Request Release
of Funds for the proposed projects approved in the Amended Fiscal Year 2016
(Program Year 2015) Annual Action Plan for Community Development Block Grant
(CDBG) activities.
RESOLUTION 96-16 Authorizing Request for Release of Community Development
Block Grant Funds for Fiscal Year 2016 (Program Year 2015)
Suggested Disposition: Receive and File; Adopt Resolution(s)
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Yays
Nays
Del Toro
Jones
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Buol
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Connors
Lynch
17. East-West Corridor DMATS STP Funding Application
City Manager recommending authorization for the City of Dubuque to submit an
application for a Dubuque Metropolitan Area Transportation Study (DMATS) Surface
Transportation Program (STP) Grant to assist with funding the intersection
improvements for University Avenue "Overlap Section" between Pennsylvania and
Loras Boulevard as part of the East-West Corridor Improvements.
RESOLUTION 97-16 Authorizing the filing of a Transportation Improvement Program
grant application with the Dubuque Metropolitan Area Transportation Study (DMATS)
Surface Transportation Program (STP) to assist with the funding of intersection
improvements for University Avenue "overlap section" between Pennsylvania and Loras
Boulevard as part of the East-West Corridor Improvements
Suggested Disposition: Receive and File; Adopt Resolution(s)
18. DMATS Transit Planning Memorandum of Understanding
City Manager recommending approval of a Memorandum of Understanding with the
Dubuque Metropolitan Area Transportation Study (DMATS) for Transit Planning and
Programming that outlines procedures for complying with Federal Transit Administration
regulations to ensure eligibility for state and federal funding.
Suggested Disposition: Receive and File; Approve
19. University of Iowa H-AQAST Grant Application
City Manager recommending approval of a Letter of Support for the University of Iowa
for a Health and Air Quality Applied Sciences Team grant application.
Suggested Disposition: Receive and File; Approve
20. Downtown Rehabilitation and Housing Creation Grant Program
City Manager recommending approval of two grant awards for 1804-1812 Central
Avenue for Downtown Rehabilitation and Housing Creation proposed grant awards for
first quarter of 2016.
Suggested Disposition: Receive and File; Approve
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Yays
Del Toro
Nays
Jones
Resnick
Buol
Rios
Connors
Lynch
21. Request for Proposal - Eagle Point Park Environmental Restoration
Management Plan
City Manager recommending approval to release a Request for Proposal to create an
Environmental Restoration Management Plan for Eagle Point Park.
Suggested Disposition: Receive and File; Approve
22. Improvement Contracts / Performance, Payment and Maintenance Bonds
Top Grade Excavating, Inc., for the Catfish Creek Interceptor Sewer Repair 2016.
Suggested Disposition: Receive and File; Approve
23. Signed Contracts
Conlon Construction Change Order No. 13 for the Dubuque Intermodal Transit Center;
Portzen Construction Change Order Nos. 6, 7 & 8 for the Upper Bee Branch Creek
Restoration Channel, Streets & Utilities Project; Dubuque Jaycees Lease Agreement for
Veteran's Memorial Park Community Garden; Dubuque Water Sports Club Lease
Agreement for a section of Schmitt Island.
Suggested Disposition: Receive and File
24. Tobacco Compliance — Civil Penalty for Tobacco License Holder — Hy -Vee
Wine & Spirits "A"
City Manager recommending approval of the Acknowledgment/Settlement Agreement
for a tobacco compliance violation for Hy -Vee Wine & Spirits "A," 3500 Dodge Street.
Suggested Disposition: Receive and File; Approve
25. Alcohol Compliance Civil Penalty for Alcohol License Holder — Town Clock
Inn
City Manager recommending approval of the Acknowledgment/Settlement Agreement
for an alcohol compliance violation for the Town Clock Inn, 799 Town Clock Plaza.
Suggested Disposition: Receive and File; Approve
9
Yays
Nays
Del Toro
Jones
Resnick
Buol
Rios
Connors
Lynch
26. Alcohol License Renewals
City Manager recommending approval of annual beer, liquor and wine licenses as
submitted.
RESOLUTION 98-16 Approving applications for beer, liquor, and/or wine permits, as
required by City of Dubuque Code of Ordinances Title 4 Business and License
Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and
Permits
Suggested Disposition: Receive and File; Adopt Resolution(s)
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ITEMS SET FOR PUBLIC HEARING
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April 4, 2016
1. Old Mill Road Lease Agreement Amendment - David S. Hartig, Jr.
2. Dubuque Industrial Center South Building Pad One Sanitary Sewer Extension
3. Fiscal Year 2016 Sewershed #'s 7, 11, & 12 Sanitary Sewer Manhole Project
1. Old Mill Road Lease Agreement Amendment - Hartig
City Manager recommending a public hearing be set for April 4, 2016 to consider an
amended and restated lease agreement with David S. Hartig, Jr., with respect to City -
owned residential and commercial properties on Old Mill Road.
RESOLUTION 99-16 Resolution of Intent to dispose of an interest in City -owned real
property by Amendment to Lease Agreement between the City of Dubuque and David
S. Hartig, Jr. for the lease of certain real property at 1620, 1650, 1695 and 1699 Old Mill
Road
Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for
4/4/16
2. Dubuque Industrial Center South Building Pad One Sanitary Sewer Extension
City Manager recommending initiation of the public bidding procedure for the Dubuque
Industrial Center South, Building Pad 1 Sanitary Sewer Extension, and further
recommends that a public hearing be set for April 4, 2016.
RESOLUTION 100-16 Dubuque Industrial Center South, Building Pad 1 Sanitary Sewer
Extension - Preliminary approval of plans, specifications, form of contract, and
estimated cost; setting date of public hearing on plans, specifications, form of contract,
and estimated cost; and ordering the advertisement for bids
Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for
4/4/16
3. Fiscal Year 2016 Sewershed 7, 11, and 12 Sanitary Sewer Manhole Project
City Manager recommending initiation of the public bidding procedure for the FY16
Sewershed 7, 11 and 12 Sanitary Sewer Manhole Project, and further recommends that
a public hearing be set for April 4, 2016.
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RESOLUTION 101-16 FY16 Sewershed 7,11 and 12 Sanitary Sewer Manhole Project —
Preliminary approval of plans, specifications, form of contract, and estimated cost;
setting date of public hearing on plans, specifications, form of contract, and estimated
cost; and ordering the advertisement for bids
Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for
4/4/16
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BOARDS/COMMISSIONS
Boards and Commission Applicant Review.
Applicants were invited to address the City Council regarding their desire to serve on
the following Boards/Commissions.
1. Community Development Advisory Commission
One, 3 -year term through February 15, 2019 (Vacant term of Maloy, At -Large).
Applicants:
Dean Boles, 1715 Geraldine Dr.;
Jay Schiesl, 195 W. 17th St.;
Tom Stovall, 3345 Tibey Ct.
2. Housing Commission
One, 3 -year term through August 17, 2018 (Vacant term of Foster).
Applicant: Janice Craddieth, 1455 Washington St.
Appointments were made to the following boards/commissions:
3. Community Development Advisory Commission - Appointment
One, 3 -year term through February 15, 2018 (Vacant term of Kelley, former LMI Area
Representative).
Applicant: Julie Woodyard, 2015 Washington (Qualifies for LMI Area Representative).
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4. Historic Preservation Commission - Appointment
One, 3 -year term through July 1, 2016 (Vacant term of Whalen).
Applicant: Juan Nieto, 510 West 11th St. 1-41Z.
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This commission is subject to the State of Iowa Gender Balance Law. 9 Commissioners
total; currently 5 males/2 female.
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5. Mechanical Code Board - Appointment
Two, 3 -year terms through March 16, 2019 (Expiring terms of Billmeyer and Hillary).
Applicants:
Ronald Billmeyer, 2341 Coventry Park;
Dan Hillary, 3087 Arbor Oaks;
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6. Zoning Board of Adjustment - Appointment
One, 5 -year term through March 25, 2021 (Expiring term of McCoy).
Applicant: Jonathan McCoy, 263 Main St.
This commission is subject to the State of Iowa Gender Balance Law. 5 Commissioners
total; currently 2 males/2 female
Yays
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PUBLIC HEARINGS
SUSPEND THE RULES
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1. Request to Rezone 3125 Cedar Crest Ridge
Proof of publication on notice of public hearing to consider a request from Joe Bitter to
rezone property located at 3125 Cedar Crest Ridge from CS Commercial Service and
Wholesale to C-3 General Commercial, to permit an indoor recreation facility and the
Zoning Advisory Commission recommending approval.
ORDINANCE 6-16 Amending Title 16 of the City of Dubuque Code of Ordinances,
Unified Development Code, by reclassifying hereinafter described property located at
3125 Cedar Crest Ridge from CS Commercial Service and Wholesale District to C-3
General Commercial District
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
Yays
Nays
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Final Reading and Adopt
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2. Request to Rezone 210 Jones Street
Proof of publication on notice of public hearing to consider a request from Chris Miller to
rezone property located at 210 Jones Street from C-4 Downtown Commercial to C-3
General Commercial for climate -controlled storage and commercial/retail use and the
Zoning Advisory Commission recommending approval.
ORDINANCE 7-16 Amending Title 16 of the City of Dubuque Code of Ordinances,
Unified Development Code, by reclassifying hereinafter described property located at
210 Jones Street from C-4 Downtown Commercial District to C-3 General Commercial
District
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
YayA' s
Nays
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Del Toro
Jones
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Final Reading and Adopt
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3. Fiscal Year 2016 Sewershed 5 Manhole Project
Proof of publication on notice of public hearing to consider approval of the plans,
specifications, form of contract and estimated cost for the FY16 Sewershed 5 Sanitary
Sewer Manhole Project and the City Manager recommending approval.
RESOLUTION 102-16 Approval of plans, specifications, form of contract, and estimated
cost for the FY16 Sewershed 5 Sanitary Sewer Manhole Project
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REINSTATE THE RULES
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ACTION ITEMS
1. Comprehensive Annual Financial Report (CAFR) and Auditor's Communication
City Manager transmitting the Fiscal Year 2015 Comprehensive Financial Report
(CAFR), Auditor's Communication with Those Charged with Governance Letter, along
with the City Finance staff's responses to auditor's findings. Eide Bailly CPA Audit
Partner Dave Cahill will make a presentation to City Council.
Suggested Disposition: Receive and File; Presentation
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Nays
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PRESENTATION ADDED
2. Code of Ordinances Title 6 Adopting the International Property Maintenance
Code
City Manager recommending adoption of the International Property Maintenance Code
to replace the City's existing Housing Code and used for the rental inspection program.
Correspondence from Behr's Funeral Home and the Downtown Neighborhood and
Historic Bluffs Neighborhood Associations regarding adoption of the International
Property Maintenance Code.
ORDINANCERepealing Title 6, Chapter 6 of the City Of Dubuque Code Of
Ordinances ana all other ordinances or parts of laws in conflict therewith; adopting the
2015 Edition of the International Property Maintenance Code, regulating and governing
the conditions and maintenance of all property, buildings, and structures; by providing
the standards for supplied utilities and facilities and other physical things and conditions
essential to ensure that structures are safe, sanitary and fit for occupation and use; and
the condemnation of buildings and structures unfit for human occupancy and use, and
the demolition of such existing structure in the City of Dubuque; providing for the
issuance of permits and collection of fees therefor; and adopting a new Article within
Title 14, Chapter 1 as Article J
Suggested Disposition: Rec9eiug and File; Motion B; Motion A (PRESENTATION)
Sum Rngs'
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Final R ading and Adopt
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3. Recommendation of Nine Pesticide -Free Parks
City Manager transmitting information on the progress of the Integrated Pest
Management Work Group and recommendation of nine pesticide -free parks.
Suggested Disposition: Receive and File; Arove Oft
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Nays
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Jones
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4. Property Acquisition - Morrison Brothers' Washington Street Properties
City Manager recommending approval to acquire property on Washington Street
between E. 24th Street and E. 25th Street from Morrison Brothers required for the Bee
Branch Creek Restoration Project.
RESOLUTION 103-16 Approving the acquisition of real estate owned by Morrison
Brothers in the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution(s)
Yays
Nays
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Del Toro
Jones
Resnick
Buol
Rios
Connors
Lynch
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5. 2016 Bridge Repair and Maintenance Project Award Y:*
City Manager recommending award of the construction contract for the 2016 Bridge
Repairs and Maintenance Project to the low bidder Tschiggfrie Excavating Co.
RESOLUTION 104-16 Awarding public improvement contract for the 2016 Bridge
Repairs and Maintenance Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
Yays ,,.
Nays
Del Toro
Jones
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6. Heeb Street Retaining Wall Reconstruction
Project Award
City Manager recommending award of the construction contract for the Heeb Street
Retaining Wall Reconstruction Project to the low bidder McDermott Excavating.
RESOLUTION 105-16 Awarding public improvement contract for the Heeb Street
Retaining Wall Reconstruction Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
Yays
Del Toro
Jones
Resnick
Buol
Rios
Connors
Lynch
Nays
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COUNCIL MEMBER REPORTS
PUBLIC INPUT
7/7
CL SED SESSION p.m.
Pend! Litigation and Property Acquisition — Chapter 21.5(1)(c), -(j) Code of Iowa
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ADJOURNMENT /44' p.m.
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TO: Kevin S. Firnstahl, City Clerk
You are hereby directed to call a special session of the City Council to be
held on Monday, March 21, 2016 p.m. at 5:30 p.m. in the Historic Federal Building
for the purpose of conducting a work session on the U.S EPA Consent Decree
Update.
Ric W. Jo s, Mayor Pro -Tem
TO: Kevin S. Firnstahl, City Clerk
You are hereby directed to call a regular session of the City Council to be
held on Monday, March 21, 2016 yrs: at 6:30 in the Historic Federal Building
for the purpose of conducting such business that may properly come before the
City Council.
Ric W. Jon- �° ': or"'ro-Tem
Consent Items: Pgs. 1-5