1 17 06 Agenda with icons
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
6:30 P.M.
LIBRARY AUDITORIUM
TUESDAY, JANUARY 17, 2006
INVOCATION
Sr. Catherine Dunn, BVM, President of Clarke College
PROCLAMATIONS
Dubuque Jaycees Week (January 28 - February 3, 2006)
Year of the Shot Tower (2006)
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Dubuque Jaycees'
Week
Year of the Shot
Tower
CONSENT ITEMS
The consent agenda items are considered to be routine and non-controversial and all consent
items will be normally voted upon in a single motion without any separate discussion on a
particular item. If you would like to discuss one of the Consent Items, please go to the
microphone and be recognized by the Mayor and state the item you would like removed from
the Consent Agenda for separate discussion and consideration.
1. Minutes and Reports Submitted
Airport Commission of 10/24; Cable TV Regulatory Commission of 12/6; City Council of
1/3; Community Development Advisory Commission of 12/21; Historic Preservation
Commission of 12/15; Housing Commission of 11/22; Long Range Planning Advisory
Commission of 12/21; Plumbing Board of 12/21; Zoning Advisory Commission of 1/4;
Zoning Board of Adjustment of 12/22
Proof of publication of City Council Proceedings of 12/17 and 12/19
Printed City Council Proceedings for month of September, 2005
Suggested Disposition: Receive and File; Approve as Printed
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Airport Cab., TV City Council Co"", Dev Adv HPC Housing
Co"",
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Long Range Planning Plumbing Bd Zoning Advisory Zoning Bd of Adj Proceedings
2. Notice of Claims/Suits
Juanita Kay Caley for vehicle damage; Mary V. Kearney for personal injury; Adam
Lopez for vehicle damage; Jesse Rans for vehicle damage; Anthony Trice for vehicle
damage
Suggested Disposition: Receive and File; Refer to Legal for Investigation/Report
Corporation Counsel advising that the following claims have been referred to Public
Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool:
Anthony Trice for vehicle damage
Corporation Counsel recommending denial of the claim of Adam Lopez for vehicle
damage.
Corporation Counsel recommending settlement of the claim of Juanita Kay Caley for
vehicle damage and the claim of the Sisters of the Presentation for property damage
and directing the Finance Department to issue payment.
Suggested Disposition: Receive and File; Concur; Finance Department to Issue
Payment
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Claim - !CAP
Claim - Denied
Claim; - Settled
3. Service Agreement with Total Administrative Services Corporation
City Manager recommending approval of a Service Agreement with Total Administrative
Services Corporation (TASC) for a claim (debit) card option for employees enrolled in
the Flexible Spending Plan.
Suggested Disposition: Receive and File; Approve
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TASC Agr - MVM
Memo
TASC Agr - Staff
Memo
TASC Agreement
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4. Citizen Communication
Communication from Sister Margaret Ann Willging regarding use of the former meat
packing plant and H & W Building.
Suggested Disposition: Receive and File
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Wilk;Jinglir
5. Comprehensive Annual Financial Report (CAFR)
City Manager transmitting the Fiscal Year 2005 Comprehensive Financial Report
(CAFR), Parking Facilities Financial Statements, Management Letter and City
Responses to the Management Letter.
Suggested Disposition: Receive and File
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200S CAFR
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CAFR - MVM Merro CAFR - Staff Merro Response to Mgnt
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Parking Facility
Report
6. Community Economic Betterment Account (CEBA) Loan
City Manager recommending approval of a Community Economic Betterment Account
(CEBA) Loan Agreement by and among the Iowa Department of Economic
Development, the City of Dubuque, and Prudential Retirement Insurance and Annuity
Company.
RESOLUTION Authorizing the execution of a Community Economic Betterment
Account Loan Agreement for Two Hundred Seven Thousand Dollars ($207,000) with
Prudential Retirement Insurance and Annuity Company and a City Economic
Development Loan of Sixty-Two Thousand Dollars ($62,000)
Suggested Disposition: Receive and File; Adopt Resolution
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CEBA - MVM Merro
CEBA - Staff Merro
CEBA - Resolution
CEBA Loan
Agreerrent
7. Municipal Services Center Construction Project
City Manager recommending acceptance of the Municipal Services Center Construction
Project as completed by Portzen Construction in the final contract amount of
$11,723,606.15.
RESOLUTION Accepting the Municipal Services Center Project
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RESOLUTION Approving final estimate for the construction contract for the Municipal
Services Center Project
Suggested Disposition: Receive and File; Adopt Resolutions
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Service Ctr - MVM
Merro
Service Ctr - Staff
Merro
Service Ctr -
Resolutions
8. 2005 Government Performance and Results Act (GPRA) Annual Products Report
City Manager transmitting the 2005 Government Performance and Results Act (GPRA)
Annual Products Report which has been submitted to the National Parks Service.
Suggested Disposition: Receive and File
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GPRA - MVM Merro
GPRA - Staff Merro
GPRA Subrrittal Ur
GPRA Report
9. Historic Old Main District
City Manager response to Cynthia Nelms-Byrne and Robert Byrne regarding the
Historic Old Main Street District.
Communication from Cynthia Nelms-Byrne and Robert Byrne regarding various issues
in the Lower Main Street area.
Suggested Disposition: Receive and File; Refer to City Manager
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Nelm;-Byrne - MVM
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Nelm;-Byrne Ur
10. Highway 20 Corridor Preservation Zone
City Manager advising that the Iowa Department of Transportation intends to renew the
corridor preservation zone along U.S. 20 from the Peosta interchange easterly to near
the intersection with the Northwest Arterial.
Suggested Disposition: Receive and File
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lOOT - MVM Merro
lOOT - Staff Merro
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11. National Community Development Association -Audrey Nelson Award
City Manager advising that the National Community Development Association has
announced that the HEART Partnership is the recipient of the 2006 Audrey Nelson
Community Development Achievement Award.
Suggested Disposition: Receive and File
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Award - MVM Merro
12. 2005 Asphalt Paving Project
City Manager recommending that Resolution No. 5-06, approving the final estimate for
the 2005 Asphalt Paving Project, be rescinded and approval of a new final estimate for
the project.
RESOLUTION Rescinding Resolution No. 5-06 Setting the final estimate for the 2005
Asphalt Paving Project (Fiscal Year 2006)
RSEOLUTION Approving final estimate
Suggested Disposition: Receive and File; Adopt Resolutions
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Aspha ~ - MVM Merro
Asphalt - Staff Merro
Aspha~ - Resolutions
Final payrrent Form
13. Residential Parking Permit District Petition
City Manager recommending that a request for a Residential Parking Permit District in
the Lincoln School area be postponed to the spring of 2006.
Suggested Disposition: Receive and File; Approve
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RPPD - MVM Merro
RPPD - Staff Merro
RPPD - Staff Merro
#2
RPPD Pet~ion
14. Kunde Place No.2 - Final Plat
Zoning Advisory Commission recommending approval of the final plat of Lots 1 through
3, inclusive, of Kunde Place NO.2 located on Old Highway Road West.
RESOLUTION Approving final plat of Lots 1 through 3, inclusive, of Kunde Place NO.2
in Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
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Kunde Place - ZAC Kunde Place - Kunde Place - Staff Kunde Place - Vicinity Kunde Place - Plat
Ltr Application Merro Map
Kunde Place -
Resolution
15. NPDES Permit
City Manager providing a response to Iowa Department of Natural Resources
Environmental Specialist Mike Wade regarding problems with the Key Way sanitary
sewer.
Suggested Disposition: Receive and File
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NPDES Perrrit - MVM NPDES - Staff Merro Response Ltr to Iowa DNR Report CIP San Sewer
Merro IDNR Projects
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Relief Sewers - Map
16. Business License Refund
Request of Carol A. Meyers, A & B Tap, Inc., for a refund of the beer and liquor license
in the amount of $422.50.
Suggested Disposition: Receive and File; Approve
17. Business Licenses
RESOLUTION Granting the issuance of a Class "B" Beer (5 Day Special Event) Permit
to Catfish Festival; and Class "COO Beer Permit to EI Paisano Grocery, Awn Stop Mart,
Inc., Dubuque Discount Gas and Oky Doky #21
RESOLUTION Granting the issuance of a Class "COO Beer/Liquor License to The
Lounge, Water Hole and The Avenew Sports Bar; and Class "B" Native Wine Permit to
Engraved Gift Collection
Suggested Disposition: Adopt Resolutions
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Resolution # 1
Resolution #2
Polte Reports
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ITEMS TO BE SET FOR PUBLIC HEARING
1. Dubuque County Historical Society
City Manager recommending that a public hearing be set for February 6, 2006 to
consider the proposed reuse/lease of the Adam's Company to the Dubuque County
Historical Society.
RESOLUTION Of intent to dispose of an interest in real property by lease agreement
with Dubuque County Historical Society
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
2/6/06
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Lease - MVM Merro
Lease - Staff Merro
Release - Resolution
DCHS Lease
Agreerrent
2. Manasseh House Urban Revitalization Area Plan
City Manager recommending that a public hearing be set for February 20, 2006 to
consider establishment of the Manasseh House Urban Revitalization Area plan as
requested by Michelle Mihalakis.
RESOLUTION Finding that the designation of the Manasseh House Urban
Revitalization Plan is necessary in the interest of the public health, safety and welfare of
the residents of the City of Dubuque and providing for a public hearing thereon
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
2/20/06
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Manasseh - MVM
Merro
Manasseh - Staff
Merro
Manasseh -
Resolution
Manasseh House
Plan
3. 2006 Curb Ramp Installation - CDBG Project Phase II
City Manager recommending initiation of the public bidding process for the 2006 Curb
Ramp Installation - CDBG Project Phase II and that a public hearing be set for
February 20, 2006.
RESOLUTION Preliminary approval of plans and specifications
RESOLUTION Setting date of hearing on plans and specifications
RESOLUTION Ordering bids
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
2/20/06
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Curb Ral1lJ - MVM
Merro
Curb Ral1lJ - Staff
Merro
Curb Ral1lJ-
Resolutions
Curb Rarrp Locations
4. Fiscal Year 2007 Annual Action Plan
City Manager recommending that a public hearing be set for February 21, 2006 on the
Fiscal Year 2007 Annual Action Plan.
RESOLUTION Setting a public hearing on the Program Year 2006 (Fiscal Year 2007)
Community Development Block Grant (CDBG) Annual Action Plan
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
2/21/06
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Annual Action Plan
Actkln Plan - MVM
Merro
Annual Plan - Staff
Merro
Action Plan -
Resolution
PUBLIC HEARINGS
SUSPEND THE RULES
1. River Pointe Development, LLC - Request to Rezone (Tabled on January 3, 2006)
(Public Hearing Recessed at December 19,2006 Meeting / First Reading on
December 19, 2005)
Communication to the City from Stephen J. Juergens, representing River Pointe
Development, LLC, providing responses to various questions posed by City Council
members and City staff.
Request from Steward Sandstrom, Dubuque Area Chamber of Commerce, to address
the City Council regarding the River Pointe Development, LLC request to rezone.
City Manager submitting questions of the Council that were sent to Mr. Spiegel for
response at the January 3, 2006 public hearing
. Letter to A.J. Spiegel
. Questions from Mayor Buol
· Questions from Council Member Michalski
. Questions from Council Member Braig
. Questions from Council Member Cline
. Questions from Council Member Connors
· Questions from former Council Member Nicholson
· Questions from former Council Member Markham
· Questions from City staff
Communication from Sister Margaret Ann Willging, OSF, regarding the River Pointe
Development, LLC project.
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ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter described property located at 600
Mazzuchelli Drive from R-2 Two-Family Residential District to PUD Planned Unit
Development District with a PR Planned Residential District designation and adopting a
Conceptual Development Plan with conditions
Suggested Disposition: Remove from Table; Receive and File; Concur with
Denial; or Motion B; Motion A
River Pointe Development Response
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Cover Letter
Stott Arch~ects - WHKS QualWications
Firm Profile
Response to
Questions
Revised S~e Plan WHKS Traffk Study
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Ltr to Property
Owners
Resident Responses
Views of Rerraining
Bldgs
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Chanber of
Corrrrerce Ltr
Material from Previous Meetings
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Murphy Ltr MVM Merro - River Ltr to A J Spiegel Questions from Connors / Michalski
Pointe PUD Council Questions
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Willging Ltr River Pointe - ZAC River Pointe - River Pointe - Vicinity River Pointe - Photos,
Ltr Application Map Plans
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River Pointe - Staff Traffk Study - Staff River Pointe - Traffk Irrpact Study River Pointe - Aerial
Report Merro Ordinance Exhib~
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LRPAC Ltr
LRPAC Minutes PUD - Staff Merro
River Pointe -
Support Ltr
State Archaeologist River Pointe -
Ltr Oppos~ion
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Bluff - 1992 Staff WHKS - Addl Info River Pointe - Addl Suggested Motion
Report Photos
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2. Washington Court LLP - Request to Rezone
Proof of publication on notice of hearing to consider rezoning property located at 1798
Washington Street from OR Office Residential District to OS Office Service District as
requested by John GronenlWashington LLP and Zoning Advisory Commission
recommending approval.
ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter described property located at 1798
Washington Street from OR Office Residential District to OS Office Service District
Suggested Disposition: Receive and File; Motion B; Motion A
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Washington Ct - ZAC Gronen - Application Washington Ct - Washington Ct - Washington Ct - Suggested Motion
Ur VK:inity Map Staff Report Ordinance
3. Allan and Connie Rowell/City of Dubuque - Request to Rezone
Proof of publication on notice of hearing to consider rezoning property located on
Southern Avenue from POS Public Open Space District to R-1 Single-Family
Residential District as requested by Allan and Connie Rowell/City of Dubuque and
Zoning Advisory Commission recommending denial.
Communication from Allan and Connie Rowell regarding the proposed rezoning and
purchase of the Southern Avenue property.
ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter described property located on Southern
Avenue from POS Public Open Space District to R-1 Single Family Residential District
Suggested Disposition: Receive and File; Concur with Denial; or Motion B;
Motion A (Super Majority Vote Necessary)
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Southern - ZAC Ur
Rowell Ur
Rowell- Application Rowell- VICinity Map Rowell- Staff Report lOOT - Right of Way
Plat
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Southern - Staff Southern - Suggested Motion
Merro Opposition Urs
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4. City of Dubuque/Edward Brown - Request to Rezone
Proof of publication on notice of hearing to consider rezoning property located at 468
East 1zth Street from HI Heavy Industrial District to MHI Modified Heavy Industrial
District as requested by the City of Dubuque/Edward Brown and Zoning Advisory
Commission recommending approval.
ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter described property located at 468 East
1zth Street from HI Heavy Industrial District to MHI Modified Heavy Industrial District
Suggested Disposition: Receive and File; Motion B; Motion A
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468 E 12th - ZAC lir c~y - Applk:ation C~y - Staff Report C~ - Vicinity Map Freeway Corridor
Plan
468 E 12th -
Ordinance
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468 E 12th - Staff Suggested Motion
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5. Vacating Petition - United Parcel Service (UPS)
Proof of publication on notice of hearing to consider vacating and disposing of a portion
of Kerper Boulevard in Block 5 of River Front Subdivision NO.3 to United Parcel Service
(UPS) and City Manager recommending approval.
RESOLUTION Approving plat of proposed vacated portion of Kerper Boulevard in Block
5 of River Front Subdivision NO.3
RESOLUTION Vacating a portion of Kerper Boulevard in Block 5 of River Front
Subdivision No.3
RESOLUTION Disposing of City interest in Lot 1 B, Block 5, River Front Subdivision No.
3 in the City of Dubuque, Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolutions
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Vacating - MVM
Mel1'()
Vacating - Staff
Mel1'()
Vacating -
Resolutions
Vacating - Plat of
Survey
Material from January 3, 2006 Meeting
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Vacating - MVM
Mel1'()
Vacating - Staff Vacating - Resolution Vacating - Vicinity UPS Request Ltr
Mel1'() Map
REINSTATE THE RULES
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ACTION ITEMS
1. Citizen Request
Communication of Andrew J. Schlarmann requesting to address the Council regarding
the alley between the 2500 block of Elm and Washington Streets.
Suggested Disposition: Receive and File; Refer to City Manager
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Schk>rrrann Ur
2. Dubuque Malting and Brewing Company Building
Communication from David L. Clemens, representing 3-M Development, Ltd. -
purchaser of the property located at 32nd and Jackson Streets, requesting immediate
release of the action taken by the City Council in establishment of the Brewery
Neighborhood Conservation District.
Request of Michael W. McCoy, President - 3M Development, to address the City
Council regarding the Dubuque Malting and Brewing Company building.
City Manager submitting background information on Conservation Districts in the City of
Dubuque.
Suggested Disposition: Receive and File; Council
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Clerrens Ltr
McCoy Ur DL>tricts . MVM Merro Districts' Staff Brewery
Merro Conservation District
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Conservation
Districts Map
3. Community Needs Assessment for Children
City Manager recommending approval of the allocation of $2,000 of existing Fiscal Year
2006 Health Services Department funds towards the Community Youth Needs
Assessment process.
Suggested Disposition: Receive and File; Approve
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Assessrrent - MVM
Merro
Assessrrent . Staff
Merro
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4. Dubuque Star Brewery
City Manager recommending approval of the selection of the Port of Dubuque
Development, LLC, as developer for the Dubuque Star Brewery Project, and that a
development agreement be negotiated.
RESOLUTION Approving the selection of a developer for the Dubuque Star Brewery
building and site
Suggested Disposition: Receive and File; Adopt Resolution
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Brewery - MVM Brewery - Staff Brewery - Resolution Epic Construction Alexander Co
Merro Merro Proposal Proposa I
5. Truck Parking on Flint Hill Drive and Cross Hill Drive
City Manager recommending that semi trailer parking be restricted on both sides of Flint
Hill Drive from Twin Valley Drive to its southerly terminus and on Cross Hill Drive from
Flint Hill Drive to Rockdale Road.
ORDINANCE Amending Section 32-267.1 of the Code of Ordinances of the City of
Dubuque, Iowa, providing for parking restrictions for semi trailers on designated streets
or portions thereof by adding certain portions of Flint Hill Drive and Cross Hill Drive
Suggested Disposition: Receive and File; Motion B; Motion A
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Flint HiII- MVM Merro Flint Hill - Staff Merro Flint HiII- Ordinance Flint Hill - VICinity Map Ur to Property
Owners
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Flint Hill - Petition Suggested Mot"n
6. Five Year Street Program (Fiscal Years 2007 - 2011)
City Manager recommending approval of the Annual Five Year Construction Program
for Fiscal Years 2007 - 2011.
RESOLUTION Adopting the Five Year Street Construction Program for Fiscal Years
2007 - 2011
Suggested Disposition: Receive and File; Adopt Resolution
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Streets - MVM Merro
Streets - Staff Merro
Streets - Resolution
Five Year Street
Program
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7. Fiscal Year 2007 Operating Budget and Five Year Capital Improvement Program
City Manager submitting the Fiscal Year 2007 Operating Budget and Five Year Capital
Improvement Program.
Suggested Disposition: Receive and File
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Budget - MVM Merro
utility Franchise Fee
- MVM Merro
Franchise Fee -
Background
COUNCIL MEMBER REPORTS
PUBLIC INPUT
At this time, anyone in the Council Chambers may address the Council on matters which are of
concern to that person and which are not an agenda item. Please take your place at the
microphone and state your name and address clearly. Proceed with your comments; however,
no formal action may be taken at this time on your comments because of the notice
requirements of the Iowa Open Meetings Law.
CLOSED SESSION
Pending Litigation and Property Acquisition - Chapter 21.5(1)(c)U) 2005 Code of Iowa
Jeanne F. Schneider
January 12, 2006
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