DATE:



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|Called to Order |Mayor Lutz called meeting to order at 7:00 p.m. Present: Mayor Terry Lutz. Council Members: Matt Bemrich, Richard Inman, Dan |

| |Payne, Cindy Litwiller, Curt Olson, David Flattery (Via telephone conference), and Don Wilson. |

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|Approval of agenda |Moved by Inman to approve the agenda for this meeting. Motion seconded by Olson. Aye: 7. Nay: 0. Motion carried. |

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|public hearing: on proposed plans,|City Clerk Clayton announced that this is time and place for a public hearing on proposed plans, specifications, form of contract and|

|specifications, form of contract |estimate of cost for the 2008 Water System Improvements New Jordan Well and New Mississippian Well Project. Mayor Pro Tem Litwiller |

|and estimate of cost for the 2008 |asked for comments, written or oral. There being none, she declared the hearing closed. |

|Water System Improvements New | |

|Jordan Well and New Mississippian | |

|Well Project | |

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|Resolution No. 08-07-136 Approving|City Clerk Clayton introduced Resolution No. 08-07-136 Approving Plans and Specifications, Form of Contract and Estimate of Cost for |

|Plans and Specifications, Form of |2008 Water System Improvements New Jordan Well and New Mississippian Well Project for the City of Fort Dodge, Iowa. Council Member |

|Contract and Estimate of Cost for |Payne moved to bring item to the table for discussion. Motion seconded by Olson. |

|2008 Water System Improvements New| |

|Jordan Well and New Mississippian |Council Member Wilson asked if new wells were needed to have adequate supply in the City and what the cost to the utility user would |

|Well Project for the City of Fort |be. Derick Anderson, McClure Engineering, reported that the Well Project was recommended in the Water System Evaluation. The City |

|Dodge, Iowa |previously repaired Wells #8 and #15 and long term repairs are not feasible for those wells. The taxpayer’s cost is estimated at |

|adopted |$2,625,000 for Section I and $4.3 million for the total Well project. Mr. Anderson reported that bids were received at 3:00 p.m. and|

| |there were two bidders for the project. Grosch Irrigation was the apparent low bidder; however, there was a typographical error on |

| |line item 15. Instead of listing the price per unit, they included the total cost which was the unit price times the 315 lineal |

| |feet. The total bid from Grosch Irrigation was $2,132,721.00 and the next bid was $2,494,291.00. Mr. Anderson recommended awarding |

| |contract to Grosch Irrigation. |

| | |

| |City Attorney Maurice Breen reported that there was a mathematical error in the bid and the council reserved the right to waive |

| |irregularities and accept the bid. The City Attorney requested that the all three engineers agree on the recommendation. Mike |

| |Trotter, McClure Engineering, stated that he concurred with Derick’s analysis noting the typographical error. Mr. Trotter reported |

| |that the bid is comparable to the engineer’s estimate and other bidder. Chad Schaffer, City Engineer, stated that he concurred with |

| |McClure’s recommendation and to award the contract this evening. Derick Anderson reported that if the Council awards the contract |

| |this evening, the contractor would start construction in the next couple of weeks. City Attorney Maurice Breen stated that the |

| |Council has three options: award contract and waive irregularities, throw all the bids out or accept bid from the next responsible |

| |low bidder. |

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| |Council Member Payne moved to adopt Resolution No. 08-07-136 Approving Plans and Specifications, Form of Contract and Estimate of |

| |Cost for 2008 Water System Improvements New Jordan Well and New Mississippian Well Project for the City of Fort Dodge, Iowa. Motion |

| |seconded by Olson. Mayor Pro Tem Litwiller called for the vote. On roll call, the vote was: Aye: Bemrich, Inman, Payne, Litwiller, |

| |Olson, Flattery and Wilson. Nay: 0. Resolution No. 08-07-136 adopted this 28th day of July 2008. |

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|Resolution No. 08-07-137 Awarding |City Clerk Clayton introduced Resolution No. 08-07-137 Awarding Contract for the 2008 Water System Improvements New Jordan Well and |

|Contract for the 2008 Water System|New Mississippian Well Project for the City of Fort Dodge, Iowa. Council Member Payne moved to adopt Resolution No. 08-07-137 as |

|Improvements New Jordan Well and |introduced, waive irregularities and accept bid from Grosch Irrigation Company in the amount of $2,132,721.00. Motion seconded by |

|New Mississippian Well Project for|Olson. Mayor Pro Tem Litwiller called for the vote. On roll call, the vote was: Aye: Bemrich, Inman, Payne, Litwiller, Olson, |

|the City of Fort Dodge, Iowa |Flattery and Wilson. Nay: 0. Resolution No. 08-07-137 adopted this 28th day of July 2008. |

|adopted | |

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|public hearing: on proposed weed, |City Clerk Clayton announced that this is time and place for a public hearing on proposed weed, snow removal and nuisance |

|snow removal and nuisance |assessments. Mayor Lutz asked for comments, written or oral. |

|assessments | |

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| |Brian Becker, owner of 609 North 22nd Street, stated that $826.00 for snow removal on a 128’ of sidewalk seemed excessive. City |

| |Attorney Maurice Breen recommending pulling the bill to determine if snow removal was for one unit or the entire Dodger Townhouses |

| |that would cover approximately six blocks. |

| | |

| |City Attorney Maurice Breen reported that Lynn Schultz alleges that he doesn’t own the property at 324 A Street. Mr. Breen |

| |recommended pulling his assessment until ownership of the property can be confirmed. |

| | |

| |Marge Flannery, 1401 8th Avenue North, reported that she received a bill for weed removal on her rental property without being |

| |notified. City Clerk Clayton reported that the practice for weed removal has changed so owners receive notification by mail in |

| |addition to posting notice on the property. |

| | |

| |Shawn Hemmestad, owner of 1335 8th Avenue South, reported that he received a bill for $452.50 for removal of appliances. Mr. |

| |Hemmestad claims that he talked to the Police Department about illegal dumping on his property but nobody helped him. Acting Police |

| |Chief Utley stated that he would check with his officers about the complaint. |

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| |Tammy Crouse, 2116 4th Avenue North, reported a weed nuisance at 1516 7th Avenue North. |

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| |Reggy Waggoner complained that he removed the snow at 1827 12th Avenue South and the City plowed it back in. |

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| |Charles Reis, owner of 820 3rd Avenue North, stated that he paid somebody $20 to remove the snow and yet a few days later, the City |

| |removed the snow and billed him. Mr. Reis asked what the $50 administration fee was for. City Attorney Maurice Breen explained the |

| |process of the administration fee. Council Member Wilson thought the fee was too high and requested that the council review the |

| |administration fee at a future workshop or committee meeting. Mayor Lutz displayed the before and after pictures for the property at|

| |820 3rd Avenue North and stated that the assessment appeared to be justified. |

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| |There being no further comments, the Mayor declared the hearing closed. |

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|Certify to Webster County |Council Member Bemrich moved to Certify to Webster County Treasurer weed, snow removal and nuisance assessments for collection with |

|Treasurer weed, snow removal and |property taxes with the exception of Lynn Schultz - $252.35, Shawn Hemmestad - $452.50, and Becker Realty Investments - $826.40 to |

|nuisance assessments for |consider at a later date. Motion seconded by Inman. On roll call, the vote was: Aye: Bemrich, Inman, Payne, Litwiller, Olson, |

|collection with property taxes |Flattery and Wilson. Nay: 0. Motion carried. |

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| |Comments and Questions from the Public. |

|street repairs |Tammy Crouse, 2116 4th Avenue North, asked the council to consider street repairs before the aquatic center. |

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|question on consent agenda |Sharon Hickey, 304 2nd Street NW, asked about item “n” on the consent agenda. City Clerk Clayton reported that City acquired and |

| |demolished dangerous buildings within the City. The proposed Resolution would allow the City to reimburse nuisance funds when |

| |general obligation bonds are issued. |

| |End of Comments, etc. |

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|consent agenda |Council Member Inman announced that Justin Goodno changed the date for his events permit to September 6, 2008. The City Attorney |

| |recommended that the Council remove and consider the permit at the next meeting for proper notice to the public. |

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| |Moved by Flattery to amend Consent Agenda as follows with the removal of Item “h”: |

| |Approval of July 14, 2008 minutes. |

| |Accounts Payable Listing for August 1, 2008. |

| |Applications for License and Permits: |

| |Renewal/Liquor License: Knights of Columbus, 820 1st Avenue South |

| |Renewal/Liquor License: Ridgewood Lanes, 326 South 25th Street |

| |Accept and place on file certified list of candidates eligible to be considered for appointment as Fire Lieutenant for the Fort Dodge|

| |Fire Department as compiled by the Fort Dodge Civil Service Commission. |

| |Accept and place on file probationary appointment of Matthew Lundberg as patrol officer for the Fort Dodge Police Department |

| |effective August 4, 2008. |

| |Accept and place of file probationary appointment of Dennis Quinn as patrol officer for the Fort Dodge Police Department effective |

| |August 6, 2008. |

| |Accept and place on file probationary appointment of Matthew Webb as patrol officer for the Fort Dodge Police Department effective |

| |August 7, 2008. |

| |Removed from consent agenda |

| |Invoice in the amount of $5,400.00 from Modern Sound for sound systems repairs from lighting damage at Harlan Rogers Park. |

| |Invoice in the amount of $5,225.00 from RoJohn Home Improvement for ceiling and light improvements at the Blanden Memorial Art |

| |Museum. |

| |Payment in the amount $111,857.00 to the Iowa Girls High School Athletic Union for Gate reimbursement from regional and state |

| |softball tournaments. |

| |Resolution No. 08-07-138 Approving Agreement between City of Fort Dodge and Iowa Department of Transportation STP-E-2690(615) – 8V-94|

| |08 – STPE – 131 |

| |Soldier Creek Nature Trail North Extension, Phase I. |

| |Resolution No. 08-07-139 Approving Memorandum of Understanding. |

| |Resolution No. 08-07-140 Relating to Financing of Certain Proposed Projects to be Undertaken by the City of Fort Dodge, Iowa; |

| |Establishing Compliance with Reimbursement Bond Regulations under the Internal Revenue Code. |

| |$50,000 – Acquire and demolish blighted properties in the City |

| |Resolution No. 08-07-141 to Amend the Fort Dodge Comprehensive Land Use Map. |

| |Business Commercial to Residential Historical |

| |Resolution No. 08-07-142 Proposing Consideration of a Zoning Ordinance Amendment and Affixing a Date for a Public Hearing. |

| |Business Commercial to Residential Historical |

| |Public Hearing: August 11, 2008 at 7:00 p.m. |

| |Resolution No. 08-07-143 Approving Amendment #1 to the Agreement between City of Fort Dodge and MER Engineering. |

| |Additional engineering fees not to exceed $24,000.00 for North 32nd Street, 10th Avenue North to 25th Avenue North |

| |Resolution No. 08-07-144 Awarding Contract for the North 32nd Street Re-alignment, 5th Avenue South to 10th Avenue North Project for |

| |the City of Fort Dodge, Iowa. |

| |Allied Construction Co., Inc. - $3,931,771.97 |

| |Bids received for the purchase of approximately 6,000 gallons of CRS-2 liquid asphalt to be used by the Public Works Street Division |

| |for pothole repairs. |

| |Bituminous Materials & Supply - $12,514.92 ($2.09 per gallon) |

| |Agreement No. 04-0105-269-06 Amendment #1 in the amount of $99,600.00 from Midas Council of Government for extension to December 31, |

| |2008 to purchase a 32’ bus for DART. |

| |Motion seconded by Inman. On roll call, the vote was: Aye: Bemrich, Inman, Payne, Litwiller, Olson, Flattery and Wilson. Nay: 0. |

| |Motion carried. Resolution No. 08-07-138 to 08-07-144 adopted this 28th day of July 2008. |

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|introduction of officers |Acting Chief of Police Utley introduced Matthew Lundberg, Dennis Quinn, and Matthew Webb as new patrol officers for the Fort Dodge |

| |Police Department. |

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| |Committee and Department Reports, Correspondence and Proclamations. |

|two swimmers rescued |Mayor Lutz applauded Allison Chambers and Ellie Savery for rescuing two swimmers at Lake Okoboji. |

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|girls state |Lori Branderhorst, Director of Parks, Recreation & Forestry, thanked Iowa Central Community College, Convention & Visitor’s Bureau, |

| |Public Works, Fort Dodge Police Department and the Highway Patrol for Girl’s State softball tournament collaboration. |

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|bandshell |Lori Branderhorst announced that the Oleson Park Bandshell re-dedication was held on Sunday, July 20, 2008. She thanked Katie Kahler|

| |for coordinating the event and thanked the community for their support. |

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|p.o.i.n.t. |Acting Chief of Police Utley reported that a saturation event known as P.O.I.N.T. (Police Officers Interdicting Narcotic Traffickers)|

| |Project occurred on Friday. Twenty-two people were arrested for various driving charges, outstanding warrants and/or narcotics. |

| |There will be two more of these projects in the future. Utley also reported that someone called the law enforcement center about a|

| |van selling guns on 9th Street. The police confiscated four guns from the van. |

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|update on streets & projects |Chad Schaeffer, City Engineer, reported that Fort Dodge Asphalt has resurfaced 30 streets. Now that the curb and gutter projects |

| |have been completed, the other 60 blocks would be resurfaced. The Rolling Hills Drainage Project started two weeks ago but the rain |

| |has delayed the construction. The North 32nd Street Project, 5th Avenue South to 10th Avenue North, would start in a few weeks. |

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|proclamations |Mayor Lutz proclaimed August 5, 2008 at National Night Out. Jamie Anderson, Human Resource/EEO Specialist, announced that the 3rd |

| |Annual National Night out would be from 6:00 p.m. to 8:00 p.m. on August 5, 2008. There would be a neighborhood meeting from 5:00 |

| |p.m. to 6:00 p.m. at four locations including Riverside School, Hillcrest School, Corpus Christi and Oleson Park. |

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| |Mayor Lutz presented a proclamation of thanks to Gary Tucker for his years of service. |

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| |Mayor Lutz presented a proclamation of thanks to Al McNeil for his years of service. |

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|wwtp savings |Peg Becker from Veolia Water presented a check in the amount of $1,200.00 for 2007 savings for the Wastewater Treatment Plant. |

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|boards & commissions |Council Member Flattery moved to approve the appointment of Herb Conlon to the Civil Service Commission for a term to expire April 7,|

| |2012 as recommended by Mayor Lutz. Motion seconded by Payne. On roll call, the vote was: Aye: Bemrich, Inman, Payne, Litwiller, |

| |Olson, Flattery and Wilson. Nay: 0. Motion carried. |

| |End of Comments, etc. |

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|Executive Session pursuant to |Council Member Litwiller moved to go into Executive Session at 8:01 p.m. pursuant to Section 21.5(g) of the Code of Iowa to discuss |

|21.5(g) of the Code of Iowa to |pending litigation. Motion seconded by Olson. On roll call, the vote was: Aye: Bemrich, Inman, Payne, Litwiller, Olson, Flattery |

|discuss pending litigation |and Wilson. Nay: 0. Motion carried. |

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| |Upon return to regular session, no action was taken relative to executive session. |

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|ADJOURNMENT |There being no further business to come before Council, Council Member Litwiller moved for adjournment. Motion seconded by Payne. |

| |Aye: 7. Nay: 0. Motion carried. Meeting adjourned at 8:49 p.m. |

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Penny A. Clayton, City Clerk

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