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6 7 10 Clerk's Skeleton NotesCITY COUNCIL REGULAR SESSION, JUNE 7, 2010 COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN THE HISTORIC FEDERAL BUILDING PRES f T: MAY A / R B OL, COUNCIL MEMBERS AIG, CO INORS, J ES, LY CH, RE$)d"ICK, VOFTBERG ASSISTANT CITY MANAGER STEIIAUSER; CITY ATTORNEY L,11DAHL ABSENT: Mayor Buol read the call and stated this is a regular session of the City Council to act upon such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE PROCLAMATION Apples for Children (June and July, 2010) INVOCATION: Pastor Jay Ilten, St. John's Lutheran Church ( ( CONSENT ITEMS es Jones .� Lynch Resnick Voetberg Braig Buol Connors 1. Minutes and Reports Submitted Arts and Cultural Affairs Advisory Commission of 4/24; City Council of 5/17; Civil Service Commission of 4/27; Housing Commission of 4/27; Mechanical Board of 5/19; Plumbing Board of 5/12 Proof of publication of City Council Proceedings of May 3, 2010 Official Proceedings of the City Council for Calendar Year 2009 Suggested Disposition: Receive and File 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: Enterprise for vehicle damage; Tri -State Property for property damage 2. Notice of Claims /Suits Enterprise for vehicle damage; Tri -State Property for property damage; Robert Smith for property damage Nays Suggested Disposition: Receive and File; Refer to City Attorney Suggested Disposition: Receive and File; Concur 2 l 1 ( 3. Acceptance of Warranty Deed — Inland Protein Corporation City Manager recommending approval of the acceptance of the warranty deed from Inland Protein Corporation for the purchase of land necessary for the Water Pollution Control Plant improvements. RESOLUTION /'' Accepting the warranty deed to Lot 2 of Inland Molasses Place No. 2 in the City of Dubuque, Dubuque County, Iowa from Inland Protein Corporation. Suggested Disposition: Receive and File; Adopt Resolution 4. Dubuque Racing Association Agreement City Manager recommending approval of an amendment to the Lease Agreement between the City of Dubuque and the Dubuque Racing Association. Suggested Disposition: Receive and File; Approve 5. Prescott Street Retaining Wall City Manager recommending that the award for the Prescott Street Retaining Wall Project to Tschiggfrie Excavating, Inc., be officially recorded in the minutes of the City Council. Suggested Disposition: Receive and File 6. Final Plat — Felderman Subdivision City Manager recommending approval of the final plat of Felderman Subdivision as requested by Various Arboretum LLC (Greg Adams). RESOLUTION 7 Approving final plat of Felderman Subdivision in the City of Dubuque, County of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution Ayes Nays Jones Lynch Resnick Voetberg Braig Buol Connors 3 i ( 7. DuRide Contract City Manager recommending approval of an agreement with DuRide to provide alternative transportation to senior citizens for Fiscal Year 2011. Suggested Disposition: Receive and File; Approve 8. East Central Intergovernmental Association City Manager recommending approval of a $1,500 contract with East Central Intergovernmental Association for grant administration services for the $1.5 million U.S. Economic Development Administration parking ramp grant. RESOLUTION /, e Approving the contract for administration of an Economic Development Administration Grant to East Center Intergovernmental Association Suggested Disposition: Receive and File; Adopt Resolution 9. Continuation of Free Ride Program with Dubuque Community Schools City Manager recommending approval of the continuation of the Free Ride Program with Dubuque Community Schools. Suggested Disposition: Receive and File; Approve 10. Snow and Ice Removal Assessments City Manager recommending approval to certify snow and ice removal charges to the Dubuque County Treasurer in order to establish real property liens for collection of such charges. RESOLUTION 7 Authorizing the City to collect snow and ice removal assessments charges in accordance with Title 6- 6 -3C2o; Title 6 -6 -4B3 and Title 6 -6B of the Code of Ordinances of the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution Ayes Nays Jones Lynch Resnick Voetberg Braig Buol Connors 4 I 11. Vacant and Abandoned Buildings (VABs) and Problem Property Assessments City Manager recommending approval of vacant and abandoned building and problem property assessments. RESOLUTION /7 Authorizing the City to collect delinquent vacant and abandoned building and problem property charges in accordance with Title 6 -6 -3B1 h; Title I6 -6 -4B3 and Title 6 -6B of the Code of Ordinances of the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution 12. Eide Bailly Audit Agreement City Manager advising that the Eide Bailly Audit Engagement Letter has been signed for the Fiscal Year ending June 30, 2010. Suggested Disposition: Receive and File 13. 2010 Justice Assistance Grant (JAG) Application City Manager recommending approval of the 2010 Justice Assistance Grant (JAG) application. Suggested Disposition: Receive and File; Approve 14. Health Choices Administrative Services Fee City Manager recommending approval of the renewal fee from Health Choices for the City's health insurance plan. Suggested Disposition: Receive and File; Approve 15. Joint Development Agreement — International Business Machines City Manager recommending approval of Amendment #2 to the Joint Development Agreement between the City of Dubuque and International Business Machines Corporation to conform the Joint Development Agreement to language in the final contract between the City and the Iowa Power Fund Board. Suggested Disposition: Receive and File; Approve Ayes Nays Jones Lynch Resnick Voetberg Braig Buol Connors 5 I I 16. Bosserman Aviation Equipment, Inc. — Airport Settlement Assistant City Attorney recommending approval of the settlement of the claim with Bosserman Aviation Equipment, Inc. regarding installation of a self - fueling system for the Airport. Suggested Disposition: Receive and File; Approve 17. Funders' Network for Smart Growth and Livable Communities City Manager submitting the complete memo regarding the Funders' Network for Smart Growth and Livable Communities which the City Council approved at the May 17 City Council meeting. Suggested Disposition: Receive and File 18. Veterans Memorial Plaza Communication from Richard E. Goebel regarding the Veterans Memorial Plaza. Suggested Disposition: Receive and File; Refer to City Manager 19. Music on the March Communication from Greg Orwoll, Executive Director — Colts Drum and Bugle Corps, requesting an exemption from the noise ordinance and any enforcement of residential parking permit rules in and around Senior High School on June 30 and August 8 for the Music on the March Shows. Suggested Disposition: Receive and File; Approve 20. Board and Commission Resignations Communication from Beverly A. Kolz submitting her resignation from the Carnegie -Stout Public Library Board of Trustees. Communication from Jim Allan submitting his resignation from the Human Rights Commission. Communication from Susan M. Balsamo submitting her resignation from the Civic Center Commission. Suggested Disposition: Receive an i File; Accept Resignations 1 6 ,) Jones Lynch / 7 Resnick Voetberg Braig uol onnors Nays ( ( ( 21. Civil Service Commission Civil Service Commission submitting the certified list for the position of Truck Driver. Suggested Disposition: Receive and File; Make a Matter of Record 22. City Development Board Communication from the City Development Board submitting the Filing of Written Decision and Findings of Fact and Conclusions of Law and Determination in the matter of the City of Asbury voluntary annexation within the urbanized area of the City of Dubuque. Suggested Disposition: Receive and File 23. Highway 151 & 61 Development — Setting Fair Market Value City Manager recommending approval of the fair market value for property owned by Highway 151 & 61 Development for the Bee Branch Creek Restoration Project. RESOLUTION /7/ Establishing the fair market value of certain real property owned by Highway 151 & 61 Development Suggested Disposition: Receive and File; Adopt Resolution 24. SB Development — Setting Fair Market Value City Manager recommending approval of the establishment of the fair market value for property owned by SB Development for the Bee Branch Creek Restoration Project. RESOLUTION /7 Establishing the fair market value of certain real property owned by SB Development, LLC in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution Ayes Nays Jones Lynch Resnick Voetberg Braig Buol Connors 7 I ( I 25. Letter of Support for Harkin Wellness Grant City Manager recommending approval of a letter of support for the Dubuque County Board of Health's application for a Harkin Wellness Grant. Suggested Disposition: Receive and File; Approve 26. COPS Grant Application City Manager recommending approval of a Community Oriented Policing Services (COPS) Hiring Recovery Grant application for the purpose of obtaining grant funding for four police officer positions. Suggested Disposition: Receive and File; Approve 27. Signed Contracts -- Northern Illinois University — Crime /Poverty Research Study Suggested Disposition: Receive and File 28. Liquor License Applications City Manager recommending approval of annual liquor license renewals as submitted. RESOLUTION /7 Granting the issuance of a Class "C" Beer Permit to Beecher Beverage, McCann's Service, Cedar Cross Amoco, Kwik Star #495 and Kmart #4018 RESOLUTION /%/ Granting the issuance of a Class "C" Beer /Liquor License to Dubuque Bowling Lanes, Murph's South End and Los Aztecas; a Class "B" Wine Permit to Kmart #4018 and Beecher Beverage; a Special Class "C" (Five Day Special Event) Beer /Liquor License to Dubuque Jaycees; and a Class "BW" (Five Day Special Event) Liquor License to Dubuque Jaycees Suggested Disposition: Receive and File; Adopt Resolutions Ayes Nays Jones Lynch Resnick Voetberg Braig Buol Connors 8 ( I ITEMS TO BE SET FOR PUBLIC HEARING These agenda items are being scheduled for a future public hearing on the date indicated. 1. Loan Agreement with Iowa Finance Authority — June 21, 2010 2. Victory Cafe — Development Agreement — June 21, 2010 3. Dubuque Regional Airport — Jet Drive Resurfacing Project — June 21, 2010 4. IA 32 Geometric and Signalization Improvements — US 20 to JFK Road Project — June 21, 2010 5. Green Alley Project — 15 to 16 Street from Washington to Elm Streets — June 21, 2010 6. Tenth and Central Parking Ramp and Fire Headquarters Expansion Project — June 21, 2010 7. Neighborhood Stabilization Program — June 21, 2010 8. Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District — July 19, 2010 1. Loan Agreement with Iowa Finance Authority City Manager recommending that a public hearing be set for June 21, 2010 to consider a loan agreement with the Iowa Finance Authority for $4.5 million to create workforce housing rental units in the Historic Millwork District. RESOLUTION / 25 Fixing date for a meeting on the authorization of a loan agreement with the Finance Authority in the principal amount of $4,500,000 and providing for publicOtion of r}otice thereof 9 yes Jones Lynch Resnick oetberg Braig Buol Connors Nays ( Suggested Disposition: Receive and File; Adopt Re solution; Public Hearing 6/21/10 2. Victory Cafe — Development Agreement City Manager recommending that a public hearing be set for June 21, 2010 to consider approval of a Development Agreement between the City and Victory Cafe — Dubuque, Inc. to redevelop property at 756 Main Street. RESOLUTION /7 � Fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa on the proposed issuance of Urban Renewal Tax Increment Revenue Obligations and the execution of a Development Agreement relating thereto with the Victory Cafe — Dubuque, Inc., and providing for the publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 6/21/10 3. Dubuque Regional Airport — Jet Drive Resurfacing Project City Manager recommending initiation of the public bidding process for the Dubuque Regional Airport — Jet Drive Resurfacing Project and that a public hearing be set for June 21, 2010 to consider approval of the plans and specifications, form of contract and estimated cost. RESOLUTION / � 7 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing and ordering bids for the Dubuque Regional Airport — Jet Drive Resurfacing Project Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 6/21/10 4. IA 32 Geometric and Signalization Improvements — US 20 to JFK Road Project City Manager recommending initiation of the public bidding process for the IA 32 Geometric and Signalization Improvements — US 20 to JFK Road Project and that a public hearing be set for June 21, 2010 to consider approval of the plans and specifications, form of contract and estimated cost. RESOLUTION /% Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing and ordering bids for the IA 32 Geometric and Signalization Improvements — US 20 to JFK Road Project Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 6/21/10 5. Green Alley Project — 15 to 16 Street from Washington to Elm Streets City Manager recommending initiation of the public bidding process for the Green Alley Project — 15 to 16 Street from Washington to Elm Streets and that a public hearing be set for June 21, 2010 to consider approval of the plans and specifications, form of contract and estimated cost. 10 ( ( RESOLUTION / 77 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing and ordering bids for the Green Alley Project — 15 to 16 Street from Washington to Elm Streets Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 6/21/10 6. Tenth and Central Parking Ramp and Fire Headquarters Expansion Project City Manager recommending initiation of the public bidding process for the Tenth and Central Parking Ramp and Fire Headquarters Expansion Project and that a public hearing be set for June 21, 2010, to consider approval of the plans and specifications, form of contract and estimated cost. RESOLUTION / Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing and ordering bids for the Tenth and Central Parking Ramp and Fire Headquarters Expansion Project Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 6/21/10 7. Neighborhood Stabilization Program City Manager recommending that a public hearing be set for June 21, 2010 to consider approval of an application to the Iowa Department of Economic Development (IDED) for Neighborhood Stabilization Program (NSP) funds. RESOLUTION 1.e Setting a public hearing on an application to the Iowa Department of Economic Development (IDED) for Neighborhood Stabilization Program funds Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 6/21/10 8. Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District City Manager recommending that a public hearing be set for July 19, 2010 to consider an amendment to the Urban Renewal Plan for the Greater Downtown Urban Renewal District to add the Bluff Street Subarea. RESOLUTION / Of necessity finding that certain areas adjacent to the Greater Downtown Urban Renewal District meet the definition of a blighted area under the Urban Renewal Law and that development of said areas is necessary in the interest of the residents of the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 7/19/10 11 c BOARDS /COMMISSIONS Applicants are invited to address the City Council regarding their desire to serve on the following Boards /Commissions; applicant appointments will be made at the next City Council meeting. Arts and Cultural Affairs Advisory Commission (Arts Community Representatives) Four 3 -year terms through June 30, 2013 (Terms of Hemmer, Kames, Kohl, Riedel) Applicants: Thomas Goodman, 3559 Copper Field Co rt �_ AY Hemmer, 2375 Simpson Street Co Louise Kames, 900 Clarke Drive I,- Paul Kohl, 60 Lindberg Terrace Marina O'Rourke Rosenow, 2085 % ulle Road Susan Riedel, 282 Kelly's Bluff - Civic Center Commission Three 4 -year terms through June 29, 2013 (Terms of Bakke, Balsamo, Kurt) Applicants: Rod Bakke, 3030 Karen Street Marilynne Field, 1805 Eden Lane Barb Kurt, 1304 Atlantic Street Historic Preservation Commission (Jackson Street Historic District) One 3 -year terms through July 1, 2013 (Term McDonell) Applicant: Robert McDonell, 135 West 17 Street Human Rights Commission One 3 -year term through January 1, 2011 (Term of Allan) Applicant: F derick Davis, Jr. 2374 Greee Street - /2/ Invest ent Oversight Advisory Commission One 3 -year terms through July 1, 2013 (Term of Reisdorf) Applicant: Stephen Reisdorf, 740 Brookview Square Library Board of Trustees - Mayor Appointment Two 4-year terms through July 1, 2014 (Terms of Guns and Kolz) Applicants: Diann Guns, 1715 Diane Court Fred Miller, 2462 Central Avenue Gail Murphy, 3097 Oak View Court - Lorri Regan, 2659 Queen Street kid ( ( Long Range Planning Advisory Commission Two 3 -year terms through July 1, 2013 (Terms of Prochaska and Winterwood) Applicants: Lou Oswald, 1080 Nowata Street James Prochaska, 1410 Parkway Street -t' Charles Winterwood, 1555 Montrose Terrace 13 V Park and Recreation Commission Three 3 -year terms through June 30, 2013 (Terms of Harjehausen, Hoffmann, Lyness) Applicants: Shane Duncan, 623 West 8 Street - i Don Foley, 2489 Wheatland Drive Charles Harris, 2473 Jackson Street ; Paul Hoffman, 174 Bradley Street --�- Kenneth Klinge, 2267 Carter Road Karen Lyness, 89 Alpine Street David Schlueter, 2645 Crescent Ridge --,e TV Cable Regulatory Commission One 3 -year terms through June 30, 2013 (Term of Stevens) Applicant: Kevin Stevens, 1735 Lawndale Street Zoning Advisory Commission Two 3 -year terms through July 1, 2010 (Terms of Norton and Stiles) Applicants: 0/" Patrick Norton, 2739 Burden Avenue Jeff Stiles, 3087 Central Avenue - 1 ( PUBLIC HEARINGS Citizens are invited to address the City Council regarding the following agenda items. Please come to the podium and state your name and address when the item you wish to speak to is being considered. F L SUSPEND THE RULES 1. Dubuque Industrial Center — Planned Unit Develop ent istrict (Tabled on December 7, 2009) City Manager requesting that this item be tabled to December 20, 2010. Proof of publication on notice of hearing to consider a request from the City of Dubuque/ Dubuque Initiatives to amend the Planned Unit Development (PUD) for the Dubuque Industrial Center, located on Chavenelle Road and the Northwest Arterial, to change the designation of property from open space to commercial and Zoning Advisory Commission recommending approval, with conditions. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by adopting a revised Planned Unit Development Ordinance for the Dubuque Industrial Center Phases I and II located at the southwest corner of Highway 32 (Northwest Arterial) and Chavenelle Road and by repealing Ordinance 22 -07 Suggested Disposition: Remove from Table; Receive and File; Table to December 20, 2010 Ayes 14 Jones Lynch Resnick Voetberg raig Buol Connors Nays ( ( I 2. Sale of Property — 1523 Elm Street Proof of publication on notice of public hearing to consider the sale of property located at 1523 Elm Street to Ruth Jurisic and City Manager recommending approval. RESOLUTION / ",9 Disposing of City -owned property, specifically, south one -half of Lot 148 and the south one foot of the north one -half of Lot 148 in East Dubuque, an addition to the City of Dubuque, County of Dubuque, Iowa, according to the recorded plat thereof — 1523 Elm Street Suggested Disposition: Receive and File; Adopt Resolution ✓ ye / ones ynch Resnick / " Voetberg // Braig / ; Buol Connors 3. Sale of Property — 1925 Washington Street Proof of publication on notice of public hearing to consider the sale of property located at 1925 Washington Street to Robert Mootz and City Manager recommending approval. RESOLUTION /? Disposing of City -owned property, specifically, Lot 6 of Mineral Lot 100 in the City of Dubuque, County of Dubuque, Iowa, according to the recorded plat thereof — 1925 Washington Street Suggested Disposition: Receive and File; Adopt Resolution Nays /yes Jones Lynch Resnick Voetberg Braig Buol Connors 15 Nays ( ( 4. McAleece Ballpark Parking Lot Reconstruction Project Proof of publication on notice of public hearing to consider the plans and specifications, form of contract and estimated cost for the McAleece Ballpark Parking Lot Reconstruction Project and City Manager recommending approval. RESOLUTION /a Approving plans, specifications, form of contract, and estimated cost for the McAleece Ballpark Parking Lot Reconstruction Project Suggested Disposition: Receive and File; Adopt Resolution Jones / Lynch ✓ Resnick /z Voetberg �% Braig / uol onnors 5. Kaufmann Avenue Resurfacing Project Proof of publication on notice of public hearing to consider the plans and specifications, form of contract and estimated cost for the Kaufmann Avenue Resurfacing project and City Manager recommending approval. RESOLUTION /2 Approving plans, specifications, form of contract, and estimated cost for the Kaufmann Avenue Resurfacing Project Suggested Disposition: Receive and File; Adopt Resolution Aye � Jones Lynch esnick oetberg Braig / Buol Connors 16 Nays Nays I l ( ACTION ITEMS These are items where discussion is held by the City Council — public comments are not allowed except as authorized by the Mayor. 1. Bee Branch Creek Restoration — Building Deconstruction Project City Manager recommending award of the Bee Branch Creek Restoration — Building Deconstruction Project to Gronen Restoration, Inc., in the amount of $224,025.15 for the deconstruction of 15 buildings, Tschiggfrie Excavating in the amount of $402,060.00 for the deconstruction of 24 buildings and Ted Stackis Construction in the amount of $60,000 for the deconstruction of 4 buildings. Bee Branch Deconstruction Outline from Gronen Restoration. RESOLUTION /f Branch Creek Restoration — RESOLUTION /ft Branch Creek Restoration — RESOLUTION /c? Branch Creek Restoration — REINSTATE THE RULES This action limits discussion to the City Council. Jones Lynch Resnick Voetberg Braig Buol )Connors Awarding public Building Deconstruction Awarding public Building Deconstruction Awarding public Building Deconstruction Nays Suggested Disposition: Receive and File; Adopt Resolutions Aye // Jones Lynch ✓ Resnick Voetberg / raig uol I Connors 17 Nays improvement contract for the Bee Project (Gronen Restoration, Inc.) improvement contract for the Bee Project (Tschiggfrie Excavating) improvement contract for the Bee Project (Ted Stackis Construction) I 2. Memorandum of Understanding — Sustainable Neighborhood Builders, Inc. City Manager recommending approval of a Memorandum of Understanding between the City and Sustainable Neighborhood Builders, Inc. to redevelop property located at 1079 Elm Street. RESOLUTION /90 Approving a Memorandum of Understanding with Sustainable Neighborhood Builders, Inc. for the redevelopment of 1079 Elm Street Suggested Disposition: Receive and File; Adopt Resolution Ayps Nays ones j ynch Resnick Voetberg Braig A Buol Connors r PP,0 18 3. Montrose Terrace Stairs Reconstruction City Manager recommending that the City proceed with reconstruction of the Montrose Terrace stairs. Suggested Disposition: Receive and File; Approve Ayes Nays Jones /Lynch Resnick Voetberg Braig/ uol onnors VT/0 19 Ayes Nays Jones Lynch Resnick Voetberg Braig Buol Connors I 4. Smarter Sustainable Dubuque Project City Manager transmitting a response to questions posed by the City Council regarding the Smarter Sustainable Dubuque project and requesting that a work session be scheduled for Monday, August 9, 2010 to provide an overview and update on the Smarter Sustainable Dubuque project. Suggested Disposition: Receive and File; Approve 20 Jones Lynch esnick / Voetberg / Braig / Buol Connors 5. McAleece BMX Bicycle Course City Manager recommending approval of the creation of a BMX bicycle course at the McAleece Recreation area at a cost of $6,000, using volunteer bike enthusiast's assistance. Suggested Disposition: Receive and File; Approve 6. Dubuque County Empowerment Communication from Wayne Demmer, Chair, Dubuque County Empowerment Board Development Committee, issuing an invitation for a City Council representative to serve on the Board Development Committee. Suggested Disposition: Receive and File; Council 9yes j Jones Lynch // / Voetberg Braig Buol � onnors Jones Lynch Resnick Voetberg Brai Buo /) Connors COUNCIL MEMBER REPORTS Nays Nays tt ‘Atibl' A A ,„yijk: 48- ( ( 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. Motion to adjourn at d� PUBLIC INPUT 22 e Jones Lynch Resnick �) Voetberg raig Buol Connors Nays 1 - - - _ __ -