CITY OF WORCESTER | JOURNAL OF THE CITY COUNCIL | Tuesday, March 26, 2019 | Esther Howland Chamber | Convened: 6:33 P.M. |
Mayor Joseph M. Petty | www.worcesterma.gov | City Manager Edward M. Augustus, Jr.
City Auditor Robert V. Stearns | Councilors | Morris A. Bergman | Khrystian E. King | Konstantina B. Lukes | Candy Mero-Carlson | Sarai Rivera | Sean M. Rose | City Clerk Susan M. Ledoux | Gary Rosen | George J. Russell | Kathleen M. Toomey | Matthew E. Wally |
| City Hall - 455 Main Street Worcester, Massachusetts | |
1. | INVOCATION - Father Eric Asante, Sacred Heart Church | |
2. | PLEDGE OF ALLEGIANCE & STAR SPANGLED BANNER | |
3. | ROLL CALL - All present with the Mayor as the Chair, except for Councilor Mero-Carlson and Councilor Toomey, who both arrived at 6:45 P.M. | |
4. | PROCLAMATIONS, ACKNOWLEDGMENTS, MOMENTS OF SILENCE | |
| | | | | | | | | 4a. | Mayor Joseph M. Petty provided the Worcester Cowboys football team with Certificates of Mayoral Recognition and recognized them for their third place finish in the American Youth Football U12 Championship in Florida. | | | |
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5. | APPROVAL OF THE MINUTES | |
| | | | | | | | | 5a. | Order - That the City Council of the City of Worcester hereby approves the minutes of the City Council Meeting of March 12, 2019. | Attachments | | | Order adopted | | | | | |
| | | | | | | | | 6a. | Mayor Petty recognized the following speaker: 1. Jo Hart, Worcester resident, spoke in opposition to #7a CC | | | |
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| | | | | | | | | 7a. | Hearing: NATIONAL GRID and VERIZON NEW ENGLAND INC. for a jointly-owned pole location at: 235 WEST MOUNTAIN ST.; and
Granting permission to NATIONAL GRID and VERIZON NEW ENGLAND INC. for a jointly-owned pole location at: 235 WEST MOUNTAIN ST. | Attachments | | | Hearing Held & Order adopted | | | | | |
| | | | | | | | | 7b. | Hearing: NATIONAL GRID and VERIZON NEW ENGLAND INC. for a jointly-owned pole relocation: BANGOR ST. & LORENZO ST.; and
Granting permission to NATIONAL GRID and VERIZON NEW ENGLAND INC. for a jointly-owned pole relocation: BANGOR ST. & LORENZO ST. | Attachments | | | Hearing Held & Order adopted | | | | | |
8. | FIRST ITEM OF BUSINESS - Biannual Economic Development Report - Refer to Item #10.4D CM | |
| | | | | | | | | 9a. | Evan Corrigan request installation of a "Do Not Block Intersection" sign at the junction of Mountain St. East and Triangle St. | Attachments | | | Referred to Traffic and Parking Committee | | | | | |
| | | | | | | | | 9b. | NATIONAL GRID for a conduit location at: UPSALA ST./ESTHER ST./LUND ST. | Attachments | | | Hearing set for April 2, 2019 at 6:30 p.m. | | | | | |
| | | | | | | | | 9c. | William S. Coleman, III request City Council be the first municipal governing body in Massachusetts to take a roll call vote to support Senate Bill 389 proposed by Senate President Emeritus Harriet L. Chandler, an act ensuring municipal participation on the widest eligible range. | Attachments | | | Petitioner spoke.
Mayor Petty moved to refer the Item to Rules and Legislative Affairs Committee.
Councilor Lukes moved to file the Item.
Mayor Petty’s motion to refer the Item denied on a roll call vote of 5 Yeas and 6 Nays (Yeas – King, Rivera, Rose, Wally, Petty) (Nay – Bergman, Lukes, Mero-Carlson, Rosen, Russell, Toomey).
Councilor Lukes’ motion to file the Item approved on a roll call vote of 6 Yeas and 5 Nays (Yeas - Bergman, Lukes, Mero-Carlson, Rosen, Russell, Toomey) (Nays – King, Rivera, Rose, Wally, Petty) | | | | | |
10. | COMMUNICATIONS OF THE CITY MANAGER | |
| | | | | 10.1 | APPOINTMENTS
Non-City Council Confirmation | |
| | | | | 10.2 | APPOINTMENTS
City Council Confirmation | |
| | | | | | | A. | Recommend the reappointment of Winifred Octave to the Elections Commission. | Attachments | | | | Confirmed on a roll call vote of 11 Yeas and 0 Nays | | | | | | |
| | | | | 10.3 | DEPARTMENT OF HUMAN RESOURCES | |
| | | | | 10.4 | EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT
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| | | | | | | A. | Transmitting informational communication relative to the Worcester Arts Council Grants reception on Wednesday, April 10th, 2019 from 5:30pm – 8:00pm at the WooHaHa Comedy Club. | Attachments | | | | Placed on file | | | | | | |
| | | | | | | B. | Transmitting informational communication relative to the repayment of two HOME funded housing projects to HUD.Refer to CCM Item 10.33B | Attachments | | | | Placed on file | | | | | | |
| | | | | | | C. | Transmitting informational communication relative to the status of the HUD Lead Hazard Control and Healthy Homes Grant. | Attachments | | | | Referred to Public Health and Human Services Committee | | | | | | |
| | | | | | | D. | Transmitting informational Communication relative to a report on Economic Development. | Attachments | | | | Referred to Economic Development Committee | | | | | | |
| | | | | 10.5 | DEPARTMENT OF PUBLIC WORKS AND PARKS
Administration Division | |
| | | | | 10.6 | DEPARTMENT OF PUBLIC WORKS AND PARKS
Engineering and Architectural Services Division
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| | | | | | | A. | Transmitting informational communication relative to the Route 20 Sewer Extension Project. | Attachments | | | | Placed on file | | | | | | |
| | | | | 10.7 | DEPARTMENT OF PUBLIC WORKS AND PARKS
Operations Division
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| | | | | | | A. | Transmitting informational communication relative to the 2019 Spring Sweeping Program. | Attachments | | | | Placed on file | | | | | | |
| | | | | 10.8 | DEPARTMENT OF PUBLIC WORKS AND PARKS
Parks Division
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| | | | | | | A. | Transmitting informational communication relative to the anticipated date of spring 2019 permits for field availability for various activities and events. | Attachments | | | | Placed on file | | | | | | |
| | | | | | | B. | Transmitting informational communication relative to the "Save the Date" for the 2019 Arbor Day celebration on Friday April 26, 2019 at 10AM on the Worcester Common. | Attachments | | | | Placed on file | | | | | | |
| | | | | | | A. | Transmitting informational communication relative to expanding the Sound the Alarm Program, if supply of smoke detectors is adequate, by posting information at the Housing Court and Schools. | Attachments | | | | Referred to Public Safety Committee | | | | | | |
| | | | | 10.11 | DEPARTMENT OF EMERGENCY COMMUNICATIONS | |
| | | | | | | A. | Transmitting informational communication relative to the jurisdiction of City Council over WPS-WPD School Resource Officers. | Attachments | | | | Mayor Petty moved to Table the Item Under Privilege.
Tabled Under Privilege - Petty | | | | | | |
| | | | | 10.14 | DEPARTMENT OF INSPECTIONAL SERVICES
Administration | |
| | | | | 10.15 | DEPARTMENT OF INSPECTIONAL SERVICES
Building and Zoning Division
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| | | | | 10.16 | DEPARTMENT OF INSPECTIONAL SERVICES
Housing and Health Inspections Division
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| | | | | 10.17 | DEPARTMENT OF HEALTH AND HUMAN SERVICES
Division of Public Health | |
| | | | | | | A. | Transmitting informational update on the City's efforts to curb Hepatitis A Outbreak and other communicable diseases. | Attachments | | | | Referred to Public Health and Human Services Committee | | | | | | |
| | | | | 10.18 | DEPARTMENT OF HEALTH AND HUMAN SERVICES
Division of Elder Affairs | |
| | | | | 10.19 | DEPARTMENT OF HEALTH AND HUMAN SERVICES
Division of Human Rights and Disabilities | |
| | | | | 10.20 | DEPARTMENT OF HEALTH AND HUMAN SERVICES
Division of Veterans Services | |
| | | | | 10.21 | DEPARTMENT OF HEALTH AND HUMAN SERVICES
Division of Youth Services | |
| | | | | 10.22 | WORCESTER PUBLIC LIBRARY | |
| | | | | 10.23 | EXECUTIVE OFFICE OF THE CITY MANAGER
Election Commission Division | |
| | | | | 10.24 | PUBLIC SCHOOL DEPARTMENT | |
| | | | | 10.25 | DEPARTMENT OF ADMINISTRATION AND FINANCE
Assessing Division | |
| | | | | 10.26 | DEPARTMENT OF ADMINISTRATION AND FINANCE
Budget Office Division | |
| | | | | 10.27 | DEPARTMENT OF ADMINISTRATION AND FINANCE
Energy and Asset Management | |
| | | | | | | A. | Recommend the Table of Organization of the Energy & Asset Management Division of the Department of Administration & Finance be amended to add one Chief Clerk of Works Position to assist with design and implementation of upgrades for the DCU Center. | Attachments | | | | Order adopted on a roll call vote of 11 Yeas and 0 Nays | | | | | | |
| | | | | 10.28 | DEPARTMENT OF ADMINISTRATION AND FINANCE
Purchasing Division | |
| | | | | 10.29 | TECHNICAL SERVICES DEPARTMENT | |
| | | | | | | A. | Transmitting informational communication relative to the development of a Permit History application. | Attachments | | | | Referred to Economic Development Committee | | | | | | |
| | | | | 10.30 | DEPARTMENT OF ADMINISTRATION AND FINANCE
Treasury and Collections Division | |
| | | | | 10.31 | FINANCE ITEMS
Capital Transfers | |
| | | | | | | A. | Recommend that the Energy and Asset Management Department’s Fiscal Year 2018 and 2019 Capital Budgets be revised to authorize the reallocation of funds as described. | Attachments | | | | Order adopted on a roll call vote of 11 Yeas and 0 Nays | | | | | | |
| | | | | | | B. | Recommend that One Hundred Forty Thousand Dollars And No Cents ($140,000.00) be transferred from DPW Account # 440-91000, Sewer Salaries, and be appropriated to DPW Account # 440-92000, Sewers Ordinary Maintenance, to cover expenses in excess of the fiscal year 2019 budget. | Attachments | | | | Order adopted on a roll call vote of 11 Yeas and 0 Nays | | | | | | |
| | | | | | | C. | Recommend that Twenty Thousand Five Hundred Sixty Seven Dollars And No Cents ($20,567.00) be transferred from Account #91C7114, Citywide Capital Rehabilitation, to Account #25C702, Police Capital Rehabilitation. | Attachments | | | | Order adopted on a roll call vote of 11 Yeas and 0 Nays | | | | | | |
| | | | | 10.32 | FINANCE ITEMS
Grants and Donations | |
| | | | | | | A. | Recommend adoption of a resolution to apply for and accept a grant of services with a value of up to Fifty Thousand Dollars and No Cents ($50,000.00) through the Real Estate Technical Assistance program, administered by the Massachusetts Development finance agency (MassDevelopment). | Attachments | | | | Resolution adopted on a roll call vote of 11 Yeas and 0 Nays | | | | | | |
| | | | | | | B. | Recommend adoption of a resolution to file, accept and expend a grant in the amount of Eighteen Thousand Dollars and No Cents ($18,000.00) from the Massachusetts Office for Victim Assistance under the FY20 Drunk Driving Trust Fund program. | Attachments | | | | Resolution adopted on a roll call vote of 11 Yeas and 0 Nays | | | | | | |
| | | | | | | C. | Recommend adoption of a resolution to file, accept and expend a grant in the amount of Seven Thousand Six Hundred Eighty Dollars And No Cents ($7,680.00) from MA Attorney General's Office, under the Healthy Summer Jobs program. | Attachments | | | | Resolution adopted on a roll call vote of 11 Yeas and 0 Nays | | | | | | |
| | | | | | | D. | Recommend adoption of a resolution to accept with gratitude, a donation in the amount of Two Hundred Fifty Dollars and No Cents ($250.00) from Ruth S. Westheimer, for the Worcester Arts Council (WAC). | Attachments | | | | Resolution adopted with gratitude on a roll call vote of 11 Yeas and 0 Nays | | | | | | |
| | | | | | | E. | Recommend adoption of a resolution to file, accept and expend a grant in the amount of One Million Dollars And No Cents ($1,000,000.00) from the Massachusetts Office of Energy and Environmental Affairs, Division of Conservation Services through the Land and Water Conservation Fund grant program to renovate Coes Pond - Columbus Park. | Attachments | | | | Resolution adopted on a roll call vote of 11 Yeas and 0 Nays | | | | | | |
| | | | | 10.33 | FINANCE ITEMS
Operational Transfers | |
| | | | | | | A. | Recommend that Ten Thousand Dollars And No Cents ($10,000.00) be transferred from DPW Account # 440-91000, Sewer Salaries, and be appropriated to DPW Account # 440-93000, Sewers Capital Outlay, to allow for the purchase of additional tools and supplies for the Sewer Division. | Attachments | | | | Order adopted on a roll call vote of 11 Yeas and 0 Nays | | | | | | |
| | | | | | | B. | Recommend that One Hundred Forty Three Thousand Dollars And No Cents ($143,000.00) be transferred from Account #043-91000, Economic Development Regular Salaries, and be appropriated to various HOME grant accounts to provide sufficient funding for the repayment of two HOME funded housing projects to the federal government.Refer to CCM Item 10.4B | Attachments | | | | Order adopted on a roll call vote of 11 Yeas and 0 Nays | | | | | | |
| | | | | | | C. | Recommend that the total of Sixty Thousand Dollars And No Cents ($60,000.00) be transferred from the following accounts: Account #680-97000, Technical Services Overtime ($20,000.00), and Account #680-91000, Technical Services Salaries ($40,000.00), and that the total be transferred to Account #680-92000, Technical Services Ordinary Maintenance. | Attachments | | | | Order adopted on a roll call vote of 11 Yeas and 0 Nays | | | | | | |
| | | | | | | D. | Recommend that the total of Fifty Thousand Dollars and No Cents ($55,000.00) be transferred from the following accounts: Account #171-96098, Workers Compensation($40,000.00), and Account #170-91098, Human Resources Personal Services ($15,000.00), and that the total be transferred to Account #1701-92099 Human Resources, Ordinary Maintenance. | Attachments | | | | Order adopted on a roll call vote of 11 Yeas and 0 Nays | | | | | | |
| | | | | | | E. | Recommend authorization for the Administration to resubmit a Statement of Interest to the Massachusetts School Building Authority for Burncoat High School (district Priority project), | Attachments | | | | Order adopted on a roll call vote of 11 Yeas and 0 Nays | | | | | | |
| | | | | 10.34 | FINANCE ITEMS
Prior Year | |
| | | | | | | A. | Recommend that the City Council rescind and replace One Million Dollars And No Cents ($1,000,000.00) from the Water Rehabilitation Loan to Water Equipment Loan as per the attached. | Attachments | | | | Voted to advertised proposed Loan Order on a roll call vote of 11 Yeas and 0 Nays | | | | | | |
| | | | | 10.36 | MISCELLANEOUS AGENDA TRANSMITTALS | |
| | | | | | | A. | Transmitting informational communication relative to the City's Strategic Plan. | Attachments | | | | Referred to Municipal Operations Committee | | | | | | |
| | | | | | | | | 11a. | Amending the Salary Ordinance of August 20, 1996 – Occupational Group R – Laborer and Craftsman. (Laborers – Temporary)
Amending the Salary Ordinance of August 02, 1996 – Occupational Group M – Recreation (Aquatics and Recreation)
| Attachments | | | Ordained on a roll call vote of 11 Yeas and 0 Nays | | | | | |
12. | TABLED UNDER PRIVILEGE | |
| | | | | | | | | 12a. | COMMUNICATION of the City Manager transmitting informational communication relative to information to assist in the hiring of a City Council staff member. (Tabled Under Privilege - Lukes March 12, 2019 and Tabled Under Privilege - Petty March 19, 2019) | Attachments | | | Mayor Petty moved to Table the Item.
Tabled - Petty | | | | | |
| | | | | | | | | 12b. | COMMUNICATION of the City Manger transmitting informational communication relative to a legal opinion as to the jurisdiction of office space and facilities within City Hall. (Tabled Under Privilege - Mero-Carlson March 12, 2019 and Tabled Under Privilege - Petty March 19, 2019) | Attachments | | | Mayor Petty moved to Table the Item.
Tabled - Petty | | | | | |
| | | | | | | | | 12c. | COMMUNICATION of the City Manager transmitting informational communication relative to a report concerning any taxes owed on the Greendale Mall property. (Tabled Under Privilege - Petty March 12, 2019 and Tabled Under Privilege - Bergman March 19, 2019) | Attachments | | | Placed on file | | | | | |
| | | | | | | | | 12d. | PETITION of Attorneys Mark Donahue and Jonathan Finkelstein request the Worcester City Council restrict and prohibit parking between the hours of 8:00 a.m. and 5:00 p.m. in those certain portions of the southerly and northerly sides of Albany St. in proximity to the land of 38 Albany, LLC and the land of 225 Shrewsbury Street Realty Trust. (Tabled Under Privilege - Mero-Carlson March 19, 2019) | Attachments | | | Referred to Traffic and Parking Committee | | | | | |
| | | | | | | | | 13a. | RESOLUTION of Councilor Konstantina B. Lukes – That the City Council go on record in favor of supporting the Worcester Bravehearts as they plan for the future. (Tabled Under Privilege - Lukes August 21, 2018 and Tabled Under Privilege - Petty September 12, 2018 and Tabled - Lukes September 25, 2018) | Attachments | | | No action taken | | | | | |
| | | | | | | | | 13b. | COMMUNICATION of the City Manager transmitting informational communication relative to a legal opinion concerning the extent of discussion of City Council matters by City Councilors outside of City Council meetings. (Tabled Under Privilege - Bergman February 5, 2019 and Tabled - Bergman February 26, 2019) | Attachments | | | No action taken | | | | | |
| | | | | | | | | 13c. | ORDER of Councilor George J. Russell, Councilor Sarai Rivera, Councilor Gary Rosen, Councilor Konstantina B. Lukes, Councilor Khrystian E. King and Councilor Candy Mero-Carlson - Request City Council have the City Council Standing Committees on Public Works and Municipal Operations conduct a joint meeting about the future recommended staffing of the City Council office as well as logistics for office space for staff and City Council. Further, request the joint committee discuss potential recommendations regarding the job description and role of the City Council staff persons and further, encourage other City Councilors who are not members of the joint committee to attend and be included in the conversation. (Tabled - Petty February 26, 2019) | Attachments | | | No action taken | | | | | |
14. | BUSINESS UNDER SUSPENSION OF RULES - Items brought forth under suspension at the March 19, 2019 City Council meeting. | |
| | | | | | | | | 14a. | ORDER of Councilor Konstantina B. Lukes – Request City Manager provide City Council with a report concerning what strategies have been tried by the city to address the traffic congestion in city streets, including information concerning what has been tried and failed. – Item #19a CC Order adopted | | | |
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| | | | | | | | | 14b. | ORDER of Councilor Morris A. Bergman, Councilor Matthew E. Wally, Councilor Khrystian E. King, Councilor Konstantina B. Lukes, Councilor Candy Mero-Carlson, Councilor Sarai Rivera, Councilor Sean M. Rose, Councilor Gary Rosen, Councilor George J. Russell, Councilor Kathleen M. Toomey and Mayor Joseph M. Petty – Request City Manager pursue the notion of synchronization of city street lights. – Item #19b CC Order adopted | | | |
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| | | | | | | | | 14c. | ORDER of Councilor George J. Russell – Request City Manager provide City Council with a report concerning what causes are contributing to the damaging of city streets, including information concerning city streets not being repaired properly following utility work. – Item #19c CC Order adopted | | | |
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| | | | | | | | | 14d. | ORDER of Councilor Morris A. Bergman – Request City Manager provide City Council with information regarding how the city’s bond rating could be affected if the city were to leverage $1,000,000.00 (One Million Dollars) of unused tax levy capacity for street and sidewalk repair. – Item #19d CC Order adopted | | | |
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| | | | | | | | | 14e. | ORDER of Councilor Konstantina B. Lukes – Request City Manager provide City Council with a report regarding what new technologies are being used to repair streets and what cost might be incurred to use some of those new technologies. – Item #19e CC Order adopted | | | |
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| | | | | | | | | 14f. | ORDER of Councilor Konstantina B. Lukes – Request City Manager provide City Council with a status update regarding the City Manager’s formal evaluation of his department heads. – Item #19f CC Order adopted | | | |
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| | | | | | | | | 14g. | ORDER of Mayor Joseph M. Petty – Request City Manager provide City Council with information concerning whether Chapter 90 state funding could be used to conduct additional street and sidewalk repairs. – Item #19g CC Order adopted | | | |
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| | | | | | | | | 14h. | ORDER Mayor Joseph M. Petty – Request City Manager request City Solicitor provide City Council with a report concerning how each City Councilor can be engaged during the process of hiring a City Council staff person, similar to how each City Councilor was engaged during the hiring of the City Manager. Further, request City Manager provide City Council with information concerning whether the position can report to the City Clerk’s Office. – Item #19h CC Order adopted | | | |
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| | | | | | | | | 14i. | ORDER of Councilor George J. Russell Request City Manager provide City Council with a report concerning what monies are in the operational Reserve Account #330-54. – Item #19i CC Order adopted | | | |
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| | | | | | | | | 14j. | ORDER of Mayor Joseph M. Petty – Request City Manager request City Solicitor provide City Council with information concerning what can and cannot be discussed in executive session in regards to the deployment of public safety personnel in the city’s schools. – Item #19j CC Order adopted | | | |
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| | | | | | | | | 14k. | ORDER of Councilor Sarai Rivera – Request City Manager provide City Council with a brief report in regards to the REACH Grant recently awarded to the Department of Public Health. – Item #19k CC Order adopted | | | |
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| | | | | | | | | 14l. | ORDER of Councilor Kathleen M. Toomey – Request City Manager direct the owners of the former Sam’s Club on Tobias Boland Way to clean the trash along the property. – Item #19l CC Order adopted | | | |
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15. | NEW BUSINESS UNDER SUSPENSION OF RULES - Items brought forth under suspension at the March 26, 2019 City Council meeting. | |
| | | | | | | | | 15a. | Motion King @ #10.4B CM – Request City Manager provide City Council with a report regarding the specific protocols, oversights and processes implemented by the city to ensure compliance of HUD’s federal grant regulations. | Attachments | | | Order adopted | | | | | |
| | | | | | | | | 15b. | Motion Rivera @ #10.4D CM – Request City Manager, when providing City Council with the Biannual Economic Develop Report, include in said report information concerning community and neighborhood development as well as the bidding processes. | Attachments | | | Order adopted | | | | | |
| | | | | | | | | 15c. | Motion Bergman @ #10.8B CM – Request City Manager consider looking back at picture archives of the city’s parks to see where trees were previously planted in an effort to try and replant trees into those spaces. | Attachments | | | Order adopted | | | | | |
| | | | | | | | | 15d. | Motion Russell @ #10.29A CM – Request City Manager provide City Council with a report concerning whether more information can be listed in the city’s Permit History application, such as information concerning when a permit process is completed instead of just when it is initially pulled. | Attachments | | | Order adopted | | | | | |
| | | | | | | | | 15e. | Motion Toomey @ #10.29A CM – Request City Manager provide City Council with an update concerning how the City Council can aid the Technical Services Department in any anticipated operational needs. | Attachments | | | Order adopted | | | | | |
| | | | | | | | | 15f. | Motion Lukes @ #10.29A CM – Request City Manager provide City Council with a report concerning whether the city’s Permit History application can include health inspection information on the various restaurants in the city. | Attachments | | | Order adopted | | | | | |
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