5 1 06 Agenda with icons
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
6:30 P.M.
LIBRARY AUDITORIUM
MONDAY, MAY 1, 2006
INVOCATION
Father Thomas Rhomberg
PROCLAMATIONS
KDTH Day (May 4, 2006)
Mental Health Month (May, 2006)
Historic Preservation Month (May, 2006)
Parents Who Host, Lose the Most, Don't be a Party to
Underage Drinking Month (May, 2006)
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KDni Day
Mental Health Month
Historic Preservation
Underage Drinking
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
Arts ands Cultural Affairs Advisory Commission of 2/23; City Council of 4/17; Civil
Service of 3/17; Environmental Stewardship Advisory Commission of 4/4; Housing
Commission of 3/28; Zoning Advisory Commission of 4/5
Proof of publication of City Council Proceedings of 4/3
Suggested Disposition: Receive and File
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Arts and Cultural
Affairs
City Council
Civil Service
ESAC
Housing
Zoning Advisory
2. Notice of Claims/Suits
Joseph Blatz for vehicle damage; Kristy Monahan, et ai, for vehicle damage; Colleen
and George Smith for property damage; Joyce Thul for personal injury
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: Joseph L. Blatz
for vehicle damage; Eugene Monahan for vehicle damage; Joyce Thul for personal
injury
City Attorney recommending denial of the claim of Leanne Horsfall for property damage
and the claim of Kathy Stump for property damage.
Suggested Disposition: Receive and File; Concur
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Clairrs - ICAP
Clairrs - Denied
3. Residential Parking Permit District Request
Communication from the residents of Vizaleea and Keymont Drive requesting a
Residential Parking Permit District in that area.
Suggested Disposition: Receive and File; Refer to City Manager
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RPPD Petit,,"
4. Family Self-Sufficiency / Homeownership Program Coordinators
City Manager recommending approval of an application to the U.S. Department of
Housing and Urban Development (HUD) for funds to renew the City's current Family"
Self-Sufficiency Program (FSS) Coordinator positiOn and to contract with Iowa State
Extension for services to promote homeownership opportunities for Section 8 Program
families.
Suggested Disposition: Receive and File; Approve
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FSS - MVM Merro
FSS - Staff Merro
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5. Legislative Correspondence
Communication to area legislators encouraging them to oppose HF 2351 regarding the
use of eminent domain by a municipality.
Communication to officials of the Dubuque Community School District and Holy Family
Catholic School System alerting them of proposed state legislation that could have a
significant, detrimental impact upon their schools and the community.
Communication to area legislators encouraging their opposition to HF 2467 and SF
2361 which would end local franchising and contains no authority to require either wiring
to or any free cable service for public buildings.
Suggested Disposition: Receive and File
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HF 2351
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HF 2467 and SF
2361 - Schools
HF 2467/ SF 2361
6. Teamsters Local Union No. 421
City Manager recommending approval of an amendment to the Collective Bargaining
Agreement with the Teamsters Union.
Suggested Disposition: Receive and File; Approve
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Teamsters - MVM
Merro
Teamsters - Staff
Merro
Teamsters -
An-endn-ent
7. Notice of Intent to Request Release of Funds - Fiscal Year 2007 CDSG Programs
City Manager recommending approval of the publication of a Notice of Intent to Request
Release of Funds for Community Development Block Grant (ODBG) program activities.
RESOLUTION Authorizing publication of a Notice of Intent to Request Release of
Funds for certain Community Development Block Grant Projects for Fiscal Year 2007
(Program Year 2006)
Suggested Disposition: Receive and File; Adopt Resolution
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CDBG - Staff Merro
CDBG - Resolution
CDBG - Exhibit A
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8. Voluntary Annexation Request - Wendell Corey, Motor City LLC
City Manager recommending that the request of Wendell Corey, Motor City LLC, to
annex eighty acres to the City of Dubuque be referred to him to complete an annexation
agreement.
Suggested Disposition: Receive and File; Refer to City Manager
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Motor City - MVM
Merro
Motor City Request
9. Voluntary Annexation Request - John W. and Sally Jo Herrig
City Manager recommending that the request of John W. and Sally Jo Herrig to annex
112 aces to the City of Dubuque be referred to him to complete an annexation
agreement.
Suggested Disposition: Receive and File; Refer to City Manager
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Herrig - MVM Merro
Herrig Annexation
Request
10. Voluntary Annexation Request - Dean and Patricia Butler
City Manager recommending that the request of Dean and Patricia Butler to annex eight
acres of property to the City of Dubuque be referred to him to complete an annexation
agreement.
Suggested Disposition: Receive and File; Refer to City Manager
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Butler - MVM Merro
Butler Annexation
Request
11. Pyatigorsk Park Construction Project
City Manager recommending acceptance of the Pyatigorsk Park Construction Project as
completed by Tricon General Construction in the final contract amount of $268,914.76.
RESOLUTION Accepting improvement
RESOLUTION Approving final estimate
Suggested Disposition: Receive and File; Adopt Resolutions
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Pyatigorsk - MVM
Merro
Pyatigorsk - Staff
Merro
Pyatigorsk -
Resolutions
12. Iowa Department of Transportation Sidewalk Assessment
City Manager recommending approval to pay the Iowa Department of Transportation's
assessment for the Asbury Road Sidewalk Installation Project from City funds and that,
in the future, assessment projects not be levied on property owned by the Iowa
Department of Transportation where no building exists.
Suggested Disposition: Receive and File; Approve
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lOOT - MVM Merro
lOOT - Staff Merro
13. Urban Renewal Joint Agreement
City Manager recommending approval of an Urban Renewal Joint Agreement with
Dubuque County permitting the County to exercise urban renewal powers for the
Namasco Company.
RESOLUTION Approving an Urban Renewal Joint Agreement between the Dubuque
County and the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
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Narrasco - MVM
Merro
Narrasco - Staff
Merro
Urban Renewal Joint
Agreerrent
14. Examining Board
City Manager recommending approval of the appointment of Budget Director Dawn
Lang to the Examining Board.
Suggested Disposition: Receive and File; Approve
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Board - MVM Merro
Board - Engelken Ltr
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15. Dubuque Regional Humane Society
Communication from the Dubuque Regional Humane Society in opposition to the
proposed rezoning request of Dawne O'Meara, Alter Salvagerrschiggfrie Excavating for
190 North Crescent Ridge.
Suggested Disposition: Receive and File
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Hurrane Society Ur
16. Iowa League of Cities
Communication from the Iowa League of Cities thanking the City for submitting a bid for
the 2010 Annual Conference and Exhibit and advising that Coralville has been selected
as the host for the 2010 Annual Conference and Exhibit.
Suggested Disposition: Receive and File
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Iowa league Ltr
17. Quarterly Investment Report
City Manager transmitting the March 31, 2006 Quarterly Investment Report.
Suggested Disposition: Receive and File
Report - MVM Merro Report - Staff Merro Earnings SUrTIlilry Monthly Investrrent Schedule of CD's Schedu", of City Fds
SUrTIlilry
18. 800 MHz Radios
City Manager recommending approval of the purchase of two 800 MHz radios fOJ
Assistant City Manager Cindy Steinhauser and Public Information Officer Randy Gehl.
Suggested Disposition: Receive and File; Approve
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Radios - MVM Memo
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19. International City/County Management Association
Communication from the International City/County Management Association (ICMA)
advising that City Manager Michael Van Milligen has been elected as a Regional Vice
President of ICMA.
Suggested Disposition: Receive and File
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leMA Ltr
20. Business Licenses
RESOLUTION Granting the issuance of a Class "C" Beer License to Hy-Vee Food
Store, Casey's General Store #2421, and Casey's General Store #2420
RESOLUTION Granting the issuance of a Class "C" Beer/Liquor License to Shot Tower
Inn, Catfish Charles, Easy Street, Olive Garden, Bartinis and Tott's Tap; Class "B" Wine
Permit to Carroll's Wine Company; and a Class "B" Native Wine (WB) to Rainbo Oil
Company for Kwik Stops at 2150 Twin Valley Drive, 4039 Pennsylvania, 2320 Highway
61,2335 University Avenue, 2255 Kerper Boulevard and 2390 Central Avenue
Suggested Disposition: Adopt Resolutions
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Resolution # 1
Resolution #2
Police Reports
ITEMS TO BE SET FOR PUBLIC HEARING
1. Ham House Lease Agreement
City Manager recommending that a public hearing be set for May 15, 2006 to consider a
new lease for the Ham House with the Dubuque County Historical Society.
RESOLUTION Fixing date of hearing on lease agreement
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
5/15/06
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Ham House - MVM
Merro
Ham House - Staff
Memo
Ham House -
Resolution
Ham House Lease
Agreerrent
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2. Interstate Power Company (Alliant) Easement
City Manager recommending that a public hearing be set for May 15, 2006 to consider
approval of a 100 foot easement to Interstate Power Company (Alliant) in the Port of
Dubuque.
RESOLUTION Fixing the date for a meeting of the City Council of the City of Dubuque,
Iowa on the execution of an easement relating thereto with Interstate Power and Light
Company, an Iowa Corporation, and providing for the publication of notice thereof
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
5/15/06
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Easerrent - MVM Easerrent - Staff
Memo Memo
Easerrent -
Resolution
Alliant Ltr
Electric Une
Easerrent
Partial Release of
Easerrent #1
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Partial Release of Partiai Release of
Easerrent #2 Easerrent #3
3. NCR Developers, Inc.lMartin McNamer - Request to Rezone /Improvements to
North Cascade Road
Setting a public hearing for June 5, 2006 to consider a request from NCR Developers,
Inc.lMartin McNamer to rezone property located at south of North Cascade Road from
County A1 AgriculturallR2 Single-Family Residential District to City R-3 Moderate
Density Multi-Family Residential District in conjunction with annexation to the City of
Dubuque and Zoning Advisory Commission recommending approval of with the
condition that the entire area be zoned to R-2.
Zoning Advisory Commission urging the City Council to expedite roadway
improvements to North Cascade Road and recommending that the improvements occur
concurrently with the proposed residential development.
City Manager recommending that the North Cascade Road project be considered for
future funding opportunities with no changes to the Five Year Street Program.
ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter described property located south of
North Cascade Road from Dubuque County A-1 Agricultural and R-2 Single-Family
Residential District to City of Dubuque R-3 Moderate Density Multi-Family Residential
District concurrent with annexation
Suggested Disposition: Receive and File; Public Hearing 6/5/06
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NCR Rezoning - ZAC
Ltr
MeNarrer-
Application
MeNarrer - Vicinity
Map
MeNarrer - Staff
Report
NCR Rezoning - Map
NCR Rezoning -
Ordinance
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N Cascade Rd - ZAC
Ltr
N Cascade Rd - MVM N Cascade Rd - Staff N Cascade Rd - Map Five Year Street
Merro Merro Program
4. Gary and Mary Beth Valentine - Request to Rezone
Setting a public hearing for June 5, 2006 to consider a request from Gary and Mary
Beth Valentine to rezone property located at the southeast corner to North Cascade
Road and Edval Lane from County A1 Agricultural/R2 Single-Family Residential District
to City R-3 Moderate Density Multi-Family Residential District in conjunction with
annexation to the City of Dubuque and Zoning Advisory Commission recommending
approval with the condition that the property be rezoned to R-2 Two-Family Residential.
ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter described property located at the
southeast corner of North Cascade Road and Edval Lane from Dubuque County A-1
Agricultural and R-2 Single-Family Residential District to City of Dubuque Moderate
Density Multi-Family Residential District concurrent with annexation
Suggested Disposition: Receive and File; Public Hearing 6/5/06
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Valentine Rezoning -
ZAC Ltr
Valentine -
Application
Valentine - VICinity Valentine. Staff Valentine Rezoning - Valentine Rezoning -
Map Report Map Ordinance
5. Thomas and Sheri Henschel - Request to Rezone
Setting a public hearing for June 5, 2006 to consider a request from Thomas and Sheri
Henschel to rezone property located west of Miller Road in Dubuque County from
County R2 Single-Family Residential District and City AG Agricultural District to City R-2
Two-Family Residential District in conjunction with annexation to the City of Dubuque
and the 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 west of
Miller Road from Dubuque County R2 Single-Family Residential District and City of
Dubuque AG Agricultural District to City of Dubuque R-2 Two-Family Residential
District, concurrent with annexation
Suggested Disposition: Receive and File; Public Hearing 6/5/06
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Henschel Rezoning -
ZAC Ltr
Henschel-
Application
Henschel- Vicinity
Map
Hensehel- Staff
Report
Henschel - Maps Henschel Rezoning -
Ordinance
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6. NCR Developers, Inc.lMartin McNamer - Request for Voluntary Annexation
City Manager recommending that a public hearing be set for June 5, 2006 to consider a
request from NCR Developers, Inc.lMartin McNamer to voluntarily annex 181.59 acres
to the City of Dubuque contingent on approval of the development annexation
agreement.
Suggested Disposition: Receive and File; Public Hearing 6/5/06
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NCR Annexation - NCR Annexation - NCR Annexation -
MVM Merro Staff Merro Staff Report
McNarrer - Annexation Property Annexation Urban
Application Owners Map Area
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GIS Map
7. Gary and Mary Beth Valentine - Request for Voluntary Annexation
City Manager recommending that a public hearing be set for June 5, 2006 to consider a
request from Gary and Mary Beth Valentine to voluntarily annex 58.62 acres to the City
of Dubuque contingent on approval of the development annexation agreement.
Suggested Disposition: Receive and File; Public Hearing 6/5/06
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Valentine Annexation Valentine Annexation Valentine Annexation Valentine Annexation Valentine Annexation
- MVM Merro - Staff Merro - Staff Report Request - Maps
8. Thomas and Sheri Henschel - Request for Voluntary Annexation
City Manager recommending that a public hearing be set for June 5, 2006 to consider a
request from Thomas and Sheri Henschel to voluntarily annex 39.08 acres to the City of
Dubuque contingent on approval of the development annexation agreement.
Suggested Disposition: Receive and File; Public Hearing 6/5/06
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Henschel Annexation Henschel Annexation Henschel Annexation Henschel Annexation Henschel Annexation
- MVM Merro - Staff Merro - Staff Report - Application - Maps
9. University Avenue Culvert and Sanitary Sewer Extension Reconstruction Project
City Manager recommending initiation of the public bidding process for the University
Avenue Culvert and Sanitary Sewer Extension Reconstruction Project and that a public
hearing be set for June 5, 2006 to consider adoption of the plans and specifications.
RESOLUTION Preliminary approval of plans and specifications
RESOLUTION Setting date of hearing on plans and specifications
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RESOLUTION Ordering bids
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
6/5/06
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Cu^,ert - MVM Merro
Culvert - MVMMerro
Culvert - Resolutions
BOARDS/COMMISSIONS
Appointments to the following Boards/Commissions:
Housing Code Appeals Board (One unexpired three-year term through 1/11/08)
Applicant: David Young
Long Range Planning Advisory Commission (One unexpired three-year term through
7/1/08)
Applicant: Otto Krueger
TV Cable Regulatory Commission (One unexpired three-year term through 6/30/07)
Applicant: Kevin R. Stevens
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Bd and Conm List Overview Sheet Hsg Code Appeals Bd LRPAC Application IV Cable Application
App
PUBLIC HEARINGS
SUSPEND THE RULES
1. Fiscal Year 2006 Budget Amendment
Proof of publication on notice of hearing to consider the second amendment to the
Fiscal Year 2006 budget and City Manager recommending approval.
RESOLUTION Amending the Fiscal Year 2006 Budget for the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
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Budget - MVM Merro
Budget - State Form
Material from April 17, 2006 City Council Meeting
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Budget - MVM Merro Budget - Staff Merro Budget - Resolution Budget - State Form Budget Arrendrrent
Detail
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2. A.Y. McDonald Park Development - Phase II Project
Proof of publication on notice of hearing to consider adoption of the plans and
specifications for the A.Y. McDonald Park Development - Phase II Project and City
Manager recommending award of the contract to Portzen Construction, Inc., in the
amount of $849,653.90.
RESOLUTION Adopting plans and specifications
RESOLUTION Awarding contract
RESOLUTION Approving construction contract with Portzen Construction, Inc.
Suggested Disposition: Receive and File; Adopt Resolutions
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Park - MVM Merro
Park - Staff Merro
Park - Resolutions
Material from March 20, 2006 City Council Meeting
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Park - MVM Merro
Park - Staff Merro
Park - Resolutions
REINSTATE THE RULES
ACTION ITEMS
1. Request to Rezone - 3219 Asbury Road (First Reading on 4/17/06)
ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter property located at 3219 Asbury Road
from R-2c Two-Family Residential District, with conditions, to OS Office Service District
Suggested Disposition: Receive and File; Concur with Denial or Motion B; Motion
A (Super Majority Vote Necessary)
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3219 Asbury - ZAC Chong Application Chong - Staff Report Chong - Ordinance Suggested Motion
Ltr
2. Proposed Hunting Ordinance (Third Reading)
City Manager submitting the revised ordinance to allow hunting and target practice on
agricultural property of more than ten acres within the City limits as approved by the City
Manager on a case-by-case basis.
Request of David S. Hartig, Jr. and his legal counsel to address the City Council
regarding the proposed hunting ordinance.
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Suggested Disposition: Receive and File; Motion B; Motion A
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Hunting - MVM MelTO
Hunting Ordinance
Hunting Ordinance -
Redlined
Hartig Request
3. Ethanol and Biodiesel Plants
City Manager recommending approval of implementing a moratorium on the
construction of ethanol and biodiesel plants within the City limits of Dubuque for six
months.
ORDINANCE Amending the City of Dubuque Code of Ordinances by adopting a new
Section 11-58.6 Prohibiting the Issuance of Building Permits for the Construction of
Ethanol Plants, Ethanol Processing Facilities, Biodiesel Plants and Biodiesel Processing
Facilities
Suggested Disposition: Receive and File; Motion B; Motion A
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Ethanol- MVM MelTO
Ethanol- Ordinance
Industrial Zones.
Map
Suggested Motion
4. Iowa Sister States
Communication from Cyndi Chen, President of the Board of Directors of Iowa Sister
States, reporting on activities of the organization and requesting support.
Suggested Disposition: Receive and File
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Iowa Sister States
Ltr
5. Contracts and Leases
City Manager recommending approval of a resolution authorizing the City Manager to
execute contracts and leases on behalf of the City.
RESOLUTION Authorizing the City Manager to execute contracts and leases on behalf
of the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
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Contracts - MVM
MelTO
Contracts -
Resolution
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6. Sister City Committee
Communication from Jeffrey L. Walters regarding City Council representation on the
Sister City Committee.
Suggested Disposition: Receive and File; Council
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SisterCityUr
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.
Jeanne F. Schneider
April 27, 2006
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