12 4 06 Agenda with icons
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
6:30 P.M.
LIBRARY AUDITORIUM
MONDAY, DECEMBER 4,2006
INVOCATION
Joanne M. Burrows, SC, PHD, President of Clarke College
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 10/23 and 11/13; City Council of 11/20; Electrical Code Board of
11/20; Housing Code Appeals Board of 6/20; Long Range Planning Advisory
Commission of 11/15; Park and Recreation Commission of 10/10; Plumbing Board of
11/15; Transit Board of 10/12 and 11/9
Proof of publication of City Council Proceedings of November 6, 2006
Printed City Council Proceedings for July and August, 2006
Suggested Disposition: Receive and File; Approve as Printed
Airport of 10/23 Airport of 11/13 E~ctrcal Code Bd Hsg Code Appeals Bd
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LRPAC
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Park and Rec
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Plurrbing Bd
Transit
Proceedings. July
Proceedings - August
2. Notice of Claims/Suits
Mortgage Electronic Registration Systems, Inc. vs. City of Dubuque Housing and
Community Development Department, et al
Suggested Disposition: Receive and File; Refer to City Attorney
City Attorney advising that the following claim has been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Communities Assurance Pool: Tricia Vosberg-
Padgett for personal injury
Suggested Disposition: Receive and File; Concur
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Claim - !CAP
3. E.B. Lyons Interpretive Center Expansion Project
Communications from the Long Range Planning Advisory Commission, Historic
Preservation Commission and the Environmental Stewardship Advisory Commission in
support of the E.B. Lyons Interpretive Center Expansion Project.
Suggested Disposition: Receive and File
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LRPAC - Ur of
Support
HPC - Ur of Support
ESAC - Ur of
Support
4. Comprehensive Plan Update
Long Range Planning Advisory Commission submitting the November update on the
Comprehensive Plan.
Suggested Disposition: Receive and File
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Update - LRPAC Ur
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Hurran Services Goal
Education Goal
5. AlA Sustainable Design Team Grant Application
City Manager transmitting the final grant application submitted on November 29, 2006 to
the American Institute of Architects for the Sustainable Design Assessment Team
Program. Note: Grant Application contained on separate CD.
Communication from the Historic Preservation Commission in support of the AlA
Sustainable Design Team Grant Application.
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Suggested Disposition: Receive and File
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Grant - MVM Merro
Grant - Staff Merro
Grant - HPC Ltr of
Support
6. Bureau of Indian Affairs Regulations
City Manager transmitting information on the proposed Bureau of Indian Affairs Rules
regarding Indian Casinos and recommending that the City submit comments.
Suggested Disposition: Receive and File; Approve
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Bureau - MVM Merro
Bureau - Staff Merro
Federal Register.
Proposed Rules
7. Brownfield Application
City Manager recommending approval of an application to be submitted to the U.S.
Environmental Protection Agency for a Brownfield's Assessment Grant to assess
environmental contamination in and near the Bee Branch Restoration Area.
RESOLUTION Endorsing an application for the U.S. Environmental Protection Agency's
Brownfield Assessment Grant Program
Suggested Disposition: Receive and File; Adopt Resolution
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Brownfields - MVM
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Brownfield - Staff
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BrownfieJds -
Resolution
Brownfields - Map
8. Paint Ham House Trim Project
City Manager recommending acceptance of the Paint Ham House Trim Project as
completed by John C. Kaiser Company in the final contract amount of $35,830.
RESOLUTION Accepting improvement
RESOLUTION Approving final estimate
Suggested Disposition: Receive and File; Adopt Resolutions
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Ham House - MVM
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Ham House - Staff
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Ham House -
Resolutions
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9. Pyatigorsk Park Parking Lot Project
City Manager recommending acceptance of the Pyatigorsk Park Parking Lot Project as
completed by River City Paving in the final contract amount of $46,247.44.
RESOLUTION Accepting improvement
RESOLUTION Approving final estimate
Suggested Disposition: Receive and File; Adopt Resolutions
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Pyatigorsk - MVM
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Pyataigorsk - Staff
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Pyataigorsk -
Resolutions
10. Financial Advisory Services
City Manager recommending approval of a Request for Proposals for the City's financial
advisory services.
Suggested Disposition: Receive and File; Approve
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Services RFP - MVM
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Services RFP - Staff
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RFP - Cover Letter
Financial5ervices
RFP
11. City/County Winter Road Maintenance Agreement
City Manager recommending approval of a new Cooperative Winter Roadway
Maintenance Agreement between the City and County of Dubuque.
RESOLUTION Approving the Winter Roadway Maintenance Agreement between the
City of Dubuque and Dubuque County
Suggested Disposition: Receive and File; Adopt Resolution
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Maint Agr - MVM
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Agreerrent - Staff
Merro
Agreerrent -
Resolution
Maintenance
Agreerrent
12. Human Rights Commission 2006 Annual Report
City Manager submitting the Human Rights Commission's Annual Report for Fiscal Year
2006.
Suggested Disposition: Receive and File
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Report - Staff Merro
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2006 Annual Report
Report - MVM Merro
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13. Administrative Service Concepts (ASC) Fee Renewal
City Manager recommending approval of the renewal rates from Alternative Service
Concepts (ASC) for administration of the City's workers' compensation program.
Suggested Disposition: Receive and File; Approve
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ASC proposal
ASC - MVM Merro
ASC - Staff Merro
14. City of Dubuque Voluntary Annexation
Communication from Chester J. Culver, Secretary of State, advising that the voluntary
annexation of property as requested by Dubuque Bank and Trust has been reviewed
and that it complies with the requirements of Iowa Code Section 368.7.
Suggested Disposition: Receive and File
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Annexation L1r
15. Cedar Ridge Farm Place No.7
Communication from Julian G. Nemmers requesting acceptance of the public
improvements in Cedar Ridge Farm Place NO.7 in the City of Dubuque, Iowa.
Suggested Disposition: Receive and File; Refer to City Manager
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Nermers Ur
16. Rosedale Avenue Reconstruction Project
City Manager recommending approval of the partial release of retainage of five percent
of the construction costs to one percent for the Rosedale Avenue Reconstruction
Project.
Suggested Disposition: Receive and File; Approve
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Merro
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17. Request for Proposals - Local Voice Service, Long Distance and Internet Service
City Manager recommending approval of a Request for Proposals (RFP) for Local Voice
Service, Long Distance and Internet Services in partnership with Dubuque County.
Suggested Disposition: Receive and File; Approve
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Loca I Voice RFP -
MVM MellO
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Local Voice RFP
Local Voice RFP -
Staff MellO
18. Request for Proposals - Digital Orthophotography and Data Collection
City Manager recommending approval of a Request for Proposals for Digital
Orthophotography and Data Collection for the corporate limits of the City of Dubuque,
as well as potential annexation areas.
Suggested Disposition: Receive and File; Approve
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Digital RFP - Staff
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Digital RFP
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Appendix A, B, C
and D
19. Purchase of Parking Lot
City Manager recommending approval of the purchase of the parking lot located at 1 ih
and Bluff Street from Greg Stover in the amount of $115,000, plus the
acknowledgement of a charitable donation, to provide additional parking opportunities
for library customers and employees.
Suggested Disposition: Receive and File; Approve
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Parking Lot - MVM
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Property - Offer to
Buy
20. FCC Notice of Inquiry
City Manager recommending approval for the City of Dubuque to join a coalition of
municipalities in responding to a Federal Communications Commission Notice of Inquiry
on a number of issues affecting local communities, including the effect to local
franchising on video competition, and to authorize up to $5,000 from the Cable TV
budget for that purpose.
Suggested Disposition: Receive and File; Approve
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21. Vision Iowa Update I Request for Extension
Communication to Andy Anderson, Chairman of the Vision Iowa Board, providing an
update on various Vision Iowa projects and requesting an extension for completion of
the Shot Tower Restoration project.
Suggested Disposition: Receive and File; Approve
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Vision Iowa Update
22. Grass Cutting Charges
City Manager recommending approval of the levy of special assessments for grass
cutting charges to the Dubuque County Treasurer in order to establish real property
liens for collection of such charges.
RESOLUTION Adopting the Schedule of Assessments for the grass cutting charges
specifying the number of annual installments into which assessments are divided, the
interest on all unpaid installments, the time when the assessments are payable and
directing the Clerk to certify the Schedule of Assessments to the County Treasurer and
to publish notice thereof
Suggested Disposition: Receive and File; Adopt Resolution
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Assessrrents - MVM Assessrrents - Staff Assessrrents -
Merro Merro Resolution
Schedule of Assessrrents - Notk:e
Assessrrents of Filing
23. Dubuque Screw Products, Inc.
City Manager recommending approval of Dubuque Screw Products' Assignment of
Development Agreement to Michael R. Scherr, President of Dubuque Screw Products
Inc.
Suggested Disposition: Receive and File; Approve
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MVM Merro
Dubuque Screw.
Staff Merro
Dubuque Screw
Products Ltr
24. Signed Contracts
-- Eagle Point Park Concrete Replacement Project - Change Order
-- Cost Estimate - Survey and Plat for Shot Tower
__ Floodwalllmprovement Projects - Change Order #3
-- A.Y. McDonald Park Project
Suggested Disposition: Receive and File
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Contract #3
Contract # 1
Contract #2
25. Business License Refund
Request of Cindy McKenna for a refund of the liquor license for The Penalty Box in the
amount of $633.75.
Suggested Disposition: Receive and File; Approve Refund
26. Business Licenses
City Manager recommending approval of annual liquor license renewals as submitted.
RESOLUTION Granting the issuance of a Class "C" Beer Permit to Kwik Stop Food
Mart _ 4039 Pennsylvania, Kwik Stop Food Mart - 2320 Hwy 61, Oky Doky #21 and Big
10 Mart
RESOLUTION Granting the issuance of a Class "B" Liquor License to Holiday Inn Five
Flags, Class "C" Liquor License to Pepper Sprout, Instant Replay, Cue Masters
Billiards, Mario's Italian Restaurant, The White House, Bowling and Beyond, Las
Margaritas; Special Class "C" Liquor License to Cookin Something Up; Class "B" Wine
to Cookin Something Up; and Class "E" Liquor License for Sam's Club
Suggested Disposition: Receive and File; Adopt Resolutions
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Renewal- MVM Renewals - Staff
Memo Memo
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Resolution # 1
Resolution # 2
Police Reports
ITEMS TO BE SET FOR PUBLIC HEARING
1. Code of Ordinance Update
City Manager recommending that a public hearing be set for December 18, 2006 to
consider approval of the revised Code of Ordinances.
Suggested Disposition: Receive and File; Public Hearing 12/18/06
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Code - MVM MelTD
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2. Development Agreement for the Port of Dubuque Adams Development Project
City Manager recommending that a public hearing be set for January 16, 2007 to
consider approval of a Development Agreement with Port of Dubuque Adams
Development LLC for a development in the Port of Dubuque, including the Adams
Company building site.
RESOLUTION (1) Approving the Minimum Requirements, Competitive Criteria,
and Offering Procedures for the development of certain real property and
improvements in the Greater Downtown Urban Renewal District; (2) determining
that the Development Agreement submitted by Port Of Dubuque Adams
Development, LLC satisfies the Offering Requirements with respect to the real
property and improvements and declaring the intent of the City Council to
approve the Development Agreement with Port of Dubuque Adams
Development, LLC in the event that no competing proposals are submitted; and
(3) soliciting competing proposals
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
1/16/07
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Port of Dubuque
Renderings
Dev Agr - MVM Merro
Dev Agr - Staff
Merro
Dev Agr - Resolution
DeveloplTEnt
Agreerrent
3. Chaplain Schmitt Memorial Project
City Manager recommending initiation of the public bidding process for the Chaplain
Schmitt Memorial project and further recommending that a public hearing be set for
January 16, 2007.
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
1/16/07
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Merrorial- MVM
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Merrorial- Staff
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Merrorial -
Resolutions
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BOARDS/COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following
Commission:
Human Rights Commission (Three 3-year terms through January 1, 2010 - Terms of
Giesen, Jackson and Jarrard)
Applicants: Mary Coan, Shane Oswald, Gretel Winterwood
Appointment to the following Commission:
Investment Oversight Advisory Commission (One unexpired term through 7/1/08)
Applicant: Virgil Blocker
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Overview Sheet
Human Rights
Applications
10AC Application
PUBLIC HEARINGS
SUSPEND THE RULES
1. Sewer Revenue Capital Loan Notes - $253,850
Proof of publication on notice of hearing to consider the proposition of issuing not to
exceed $253,850 in Sewer Revenue Capital Loan Notes for rehabilitation of sanitary
sewers in connection with the North Fork Catfish Creek Project and the Water Pollution
Control Plant Study and City Manager recommending approval.
RESOLUTION Instituting proceedings to take additional action for the authorization of a
Loan and Disbursement Agreement and the issuance of not to exceed $253,850 Sewer
Revenue Capital Loan Notes
RESOLUTION Approving and authorizing a form of Interim Loan and Disbursement
Agreement by and between the City of Dubuque and the Iowa Finance Authority, and
authorizing and providing for the issuance and securing the payment of $253,850 Sewer
Revenue Capital Loan Notes Anticipation project Note, Series 2006, of the City of
Dubuque, Iowa under the provisions of the Code of Iowa, and providing for a method of
payment of said Note
Suggested Disposition: Receive and File; Adopt Resolutions
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Sewer Notes - MVM Sewer Notes - Staff Sewer Notes - Noth
Merro Merro Ltr
Sewer Notes -
Resolution #1
Sewer Notes -
Resolution #2
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Material from November 20, 2006 City Council Meeting
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Sewer Notes - MVM
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Sewer Notes - Staff
Merro
Sewer Notes - Noth
Ltr
Sewer Notes -
Resolution
2. General Obligation Capital Loan Notes - $1,889,521
Proof of publication on notice of hearing to consider the proposition of issuing not to
exceed $1,889,521 in General Obligation Capital Loan Notes from the State of Iowa
Revolving Fund Loan (SRF) for the Lower Bee Branch Creek Restoration Project and
Upper Bee Branch Creek Restoration Project and culvert improvements and creek
restoration and stabilization undertaken as part of the North Fork Catfish Creek Project
and City Manager recommending approval.
RESOLUTION Instituting proceedings to take additional action on the authorization of a
Loan and Disbursement Agreement and the issuance of not to exceed $1,889,521
General Obligation Capital Loan Notes
RESOLUTION Approving and authorizing a form of Interim Loan and Disbursement
Agreement by and between the City of Dubuque and the Iowa Finance Authority, and
authorizing and providing for the issuance and securing the payment of $1,889,521
General Obligation Capital Loan Notes Anticipation project Note, Series 2006, of the
City of Dubuque, Iowa under the provisions of the Code of Iowa, and providing for a
method of payment of said Note
Suggested Disposition: Receive and File; Adopt Resolution
GO Loan - MVM GO Loan - Staff GO Loan - Noth Ltr GO Loan - Resolution GO Loan - Resolution
Merro Merro #1 #2
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Material from November 20, 2006 City Council Meeting
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GO Notes - Staff
Merro
GO Loan - Noth Ltr
GO Notes -
Resolution
3. Port of Dubuque Storm Sewer Extension - Phase V Project
Proof of publication on notice of hearing to consider the Port of Dubuque Storm Sewer
Extension - Phase V Project and City Manager recommending award of the contract to
Tschiggfrie Excavating in the amount of $118,492.40.
RESOLUTION Adopting plans and specifications
RESOLUTION Awarding construction contract for the Port of Dubuque Storm Sewer
Extension - Phase V Project
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RESOLUTION Approving construction contract with Tschiggfrie Excavating for the Port
of Dubuque Storm Sewer Extension - Phase V Project
Suggested Disposition: Receive and File; Adopt Resolutions
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Storm Sewer - Staff
Memo
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Storm Sewer. Bid
Tab
Storm Sewer - MVM
Memo
Storm Sewer ~
Resolutions
Material from November 6, 2006 City Council Meeting
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Storm Sewer - MVM
Memo
Storm Sewer - Staff
Memo
Storm Sewer -
Resolutions
REINSTATE THE RULES
ACTION ITEMS
1. Residential Parking Permit District (First Reading on November 6, 2006 and
Second Reading on November 20, 2006)
Communication from Jude Claussen, 1833 Hansel Drive, urging a yes vote on the
Residential Parking Permit District on Hansel Drive.
ORDINANCE Establishing a Residential Parking Permit District on Hansel Drive from
Keystone Drive to Keymont Drive
Suggested Disposition: Receive and File; Motion A
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Claussen Ur
Material from November 20, 2006 City Council Meeting
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Hansel Dr - MVM
Memo
Hansel Dr - Staff
Memo
Material from November 6, 2006 City Council Meeting
Hansel RPPD - MVM Hansel RPPD - Staff Hansel RPPD - Hansel RPPD - Olson Suggested Motion
Merro Merro Ordinance ltr
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Material from October 16, 2006 City Council Meeting
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RPPD - MVM Merro RPPD - Staff Merro RPPD - Resolution RPPD - Vicinity Map RPPD Request
2. Building Code Amendment and Window Replacement and Alteration Policy
City Manager recommending approval of a Building Code Amendment and Window
Replacement and Alteration Policy which would allow staff to have the ability to approve
a building permit for the alteration or replacement of a window in a historic district in lieu
of formal HPC Design Review, provided the proposed alteration or replacement meets
either the City's Architectural Guidelines for Historic Structures or the Window
Replacement and Alteration Policy.
ORDINANCE Amending Chapter 11 (Building Regulations) of the City of Dubuque
Code of Ordinances by amending Section 11-2 International Building Code
Amendments and Section 11-6 International Residential Code Amendments
Suggested Disposition: Receive and File; Motion B; Motion A
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Window Policy Suggested Motion
B1dg Code - MVM Bldg Code - Staff
Merro Memo
Bldg Code -
Ordinance
3. Comprehensive Plan Update
Communication from the Long Range Planning Advisory Commission requesting that a
work session be scheduled for an update on the Comprehensive Plan.
Suggested Disposition: Receive and File; Council (Suggested Date - January 22,
2006 at 5:30 p.m.)
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4. Municipal Fire and Emergency Service Response and Deployment Study
City Manager recommending that a work session be scheduled for January 3, 2007 at
5:00 p.m. to receive a presentation on the Municipal Fire and Emergency Service
Response and Deployment Study from the consultant, Travis Miller of the Matrix
Consulting Group.
Suggested Disposition: Receive and File; Approve
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Study - MVM Merro
Response and
Deployrrent Study
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5. Fiscal Year 2008 Budget Hearing Schedule
City Manager recommending approval to move the previously scheduled February 20th
budget hearing to March 6, 2007.
Suggested Disposition: Receive and File; Approve
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Budget Hrg - MVM
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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
November 30, 2006
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