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Proof - Council Minutes 2 6 06 Reg mending approval of Amendment #3 to the Fis- cal Year 2006 Annual Ac- tion Plan for expansion of the Historic Preservation Homeowner Grant Program to include non-profit or- ganizations providing resi- dential facilities to HUD income-eligible tenants and communication from the Historic Preservation Com- mission recommending approval of a proposed charl98 to the Historic Pres- ervatIon Homeowner Grant Program to include non- profit organizations provid- ing residential facilities to HUD income.eligible ten- ants and to establish the Historic Preservation Hous. log Grant Program, upon motion received and filed. Jones moved adoption of Resolution No. 36-06 Ap- pravin!! the Fiscal Year 2007 (Program Year 2006) Annual Plan - Amendment 3 for Community Develop. ment Block Grant (CDBG) Funds. Seconded by Connors. Motion carried 7- o. Dubuque Area Chamber of Commerce: Communication from Steward Sandstrom, President and CEO of the Dubuque Area Chamber of Commerce, regardinj;l the River Pointe Condommium Project, upon motion re- ceived and filed. East Central Intergovern- mental Association: Com- munication from Kelley Hutton Deutmeyer, East Central Intergovernmental Association, regarding the Keyline transfer / drop off location at the Dubuque Kennedy Mall, upon motion received and filed and re- ferred to the City Manager. Downtown Dubuque De- sign Guidelines: City Man- ager recommending appro. val of a Historic Resource Development Program (HRDP) Grant Application in the amount of $13,000 for phase one of develop- ment of the Downtown Du- buque Design Guidelines Manual, a goal of the 2004 Downtown Dubuque Mas- ter Plan, upon motion re- ceived and filed. Jones moved adoption of Reso- lution No. 37-06 Approving the submittal of an appli- cation for Historic Ae. source Development Pro- gram (HRDP) Grant Funds to the State Historical So- ciety of Iowa for Downtown Dubuque Oesign Guide- lines: Phase 1 (Street- scape/Landscape Guide- lines). Seconded by Connors. Motion carried 7- o. , White Water Creek Bridge: City Manager recommend- Ing approval of a new site for the White Water Creek Bridge at the Bergfeld Recreation Area, upon mo- tion received and filed and approved recommendation. Citizen Communication: Communication from Sis- ter Margaret Ann Willging regarding the possibility of . Wal.Mart at the site of the formtlf meat packing plant, upon motion received and filed. Comprehensive Plan Up- date: Communication from the Long Range Planning Advisory Commission sub- mitting the proposed scheel. ule for the 2006 update of the Dubuque Comprehen- sive Plan, upon motion reM ceived and filed. Requests for Proposal (RFp) for Professional Au- diting Services: City Man- ager recommending ap. proval of the issuance of a Request for Pro"posals for professional auditing serv- Ices for fiscal years ending June 30, 2006 through June 30, 2010, upon mo- .'tton received and filed. U.S. Department of Hous- ~ and Urban Development: Communication from the U.S. Department of Housing and Urban Development tHUD) advising that the City's Fiscal Year 2006 al- location for the Community Development Block Grant Program is $1,256,479, ;:~ motion received and National League of Cities Legal Defense: City Man- ager recommending appro- val of the contribution of $198 to the National Lea- gue of Cities (NLC) Legal Defense Fund, upon mo. ticn received and filed and approved recommendation. Ice Harbor Marina Grant: City Manager recommend- Ing approval of a revised project scope for the Iowa Department of Natural Re- 80urces (IDNR) Boating In- frastructure Grant for the Ice Harbor Marina Project to provide for the con- struction of eight transient stips in the Ice Harbor, upon motion received and fled and approved recom- mendation. long Range Planning Ad- vtsory Commission: Com- munication from the Long Range Planning Advisory Commission recognizing the COl'Tlmitment of the Envi- I60n 201 0 Steering Commit- tee, the sponsors, and the many volunteers for their efforts to successfully en- gage citizens in the com- nwnity visioning process, ~~ motion received and .Job Access Contract: City Manaaer recommendina an- To cco Compliance - Civil Penalties for Tobacco Permit Holders: City Man- ager recommending accept- ance and approval of Ac- knowledgement/Settlement Agreements for Econofoods, Dempsey's and Molly's Pub, Kwik Stop, and Puff- N-Snuff and assessment of a $300 penalty for their first tobacco compliance violations and acceptance of the Acknowledgement! Settlement Agreements for Ron's Discount Smokes and Hartig Drug Company and assessment of a $1,500 penalty for their second to- bacco compliance viola- tions, upon motion received and filed and approved recommendation. PEG Access Capital Grant Expenditure: City Manager recommending approval for funding in the amount of $36,800 for the Capital Grant for Access Equipment and Facilities, upon motion received and filed and ap- proved recommendation. Franchise Fee Amicus Brief: Corporation Counsel recommending approval of the expenditure of approx- imately $3,000 for prepara- tion of an amicus brief to the Iowa Supreme Court on be- half of the cities in Iowa with franchise fees, upon mo- tion received and filed and approved recommendation. Alcoholic Beverali'es Divi- sion: Communication from Lynn M. Walding, Adminis- trator of the Alcoholic Bev- erages Division, advising that they have denied the liquor license application for the Water Hole, upon motion received and filed. Justice Assistance Grant City Manager recommend- ing approval of the submis- sion of the 2006 Justice Assistance Grant (JAG) ap- plication to the U.S. Depart- mt;'nt of Justice Programs in the amount of $29,008, upon motion received and flied and approved recom- mendation. Request for Extension - Vision Iowa: City Manager submitting a letter to the VISion Iowa Board providing an update on several proj- ects and requesting an ex- tension on three projects, upon motion received and filed and approved letter. 2006 State Legislative Is- sues: City Manager recom- mending approval of an amendment to the 2006 State Legislative Issues to include language request- ing that the Code of Iowa be amended to clarify that a franchise fee may be based on the gross revenue fnim the sale of the utility's prod- uct and that the feeS that have been collected under franchise agreements were IElQal, upon motion re- ceIved and filed and ap- proved recommendation. Quarterly Investment Re- port: City Manager submit- ting the December 31, 2005 Quarterly Investment Re.:- port, upon motion received and filed. University Avenue Em- bankment Failure: City Man- ager approval to request consideration for Federal Emergency Relief Funding to complete pennanent re- pair work for the University Avenue Embankment Fail- ure project, upon motion received and filed and ap- proved recommendation. Residential Parking Permit District - West 16th Street / Catherine Street City Man- ager recommending that a request to add West 16th Street and Catherine Street to Residential Parking Per- mit District "G" be denied, upon motion received and filed and approved recom- mendation. U.S. Department of Hous- ing and Urban Development Communication from the Deparbnent of Housing and Urban Development regard- ing the City's recent audit report, upon motion re- ceived and filed. 3-M Development, Ltd.: Communication from David L Clemens, representing 3-M Development, Ltd., re- questing that the City Coon- en's action to delay the de- velopment of the Dubuque Brewing and Malting Com- pany Building be rescind- ed immediately, upon mo- tion received and filed. Dubuque Comprehensive Plan: Communication from Lou Oswald regarding the Dubuque Comprehensive Plan, upon motion received and filed. ConAgra Foods; City Man- ager recommending appro- val of a request from Con- AQra Foods to construct a thTrd storage tank on prop- erty leased from the City subject to two conditions, upon motion received and filed and approved recom- mendation. National Community De- velopment Association Con. ference: Communication from Housing and Com- munity Development Dirac. tot David Harris that Aggie T auke attended the National Community Development Association (NCDA) Winter Conference, upon motion received and filed. Dubuque County Historical Society: City Manager sub- mitting a letter to Jerry Enzler, Dubuque County Historical Society, in sup- nnrt nf An J:lnnliNrtinn tn t.... 42- 6 elllng the date for the public hearing on the Five Year Capital Improve- ment Program for Fiscal Years 2007 through 2011 for the City of Dubuque for 3/2/06 at a meeting to commence at 6:15 P.M. in the public library auditori- um and that the City Clerk publish notice in the manner required by law. Seconded by Cline. Motion carried 7-0. BOARDSlCO_ISSIONS Applicants are Invited to address the Council regard- ing their desire to serve on the following Commission: Airport Commission (One four-year term through 9/14/10) Applicants: Char1es Dauod, J.K. Hanson III, Dan Nicholson Char1es Dauod spoke requesting consid- eration for appointment. PUBUC HEARINGS Upon motion the rules were suspended to allow anyone present to address the Council. Garfield Place Urban Re- vitalization Area: Proof of publication on notice of hearing to consider approval of an amended and restated Garfield Place Urban Revi- talization Area to add two adjoining lots for a proposed 12-room single-room occu- pancy facility at 601 Gar- field Avenue and to extend . the duration of the plan and City Manager recom. mending approval, upon motion receIVed and filed. Communication from the Long Range Planning Ad- visory Commission recom- mending expansion of the Garfield Place Urban Revi- talization District, upon mo- tion received and filed. Request of Ted Stackis that his property at 5251527 Garfield not be included in the Urban Revitalization Area. An Ordinance Establishing the Amended and Restat- ed Garfield Place Urban Revitalization Area as an Urban Revitalization Area pursuant to Chapter 404 of the Code of Iowa, present- ed and read. Upon motion action on this item was tabled. Dubuque County Historical Society Lease Agreement: Proof of publication on no- tice of hearing to consider disposing of real property by lease to the Dubuque County Historical Society and City Manager recom- mending approval, upon motion receIVed and filed. Jeny Enzler of the National Mississippi River Museum spoke In appreciation of this action. Cline moved adoption of Resolution No. 43-06 Dis- posing of an interest in real property by lease agree- ment to the Dubuque Coun- ty Historical Society. Secon. ded by Connors. Motion carried 7-0. Upon motion the rules were reinstated limiting dis- cussion to the Council. ACTION ITEMS Assistant City Attorney: Corporation Couns:el recom- mending approval of the selection of Cranna Brum- well as the Assistant City Attorney, effective March 20, 2006, upon motion re- ceived and filed. Undahl introduced Brum- well to the City Council and expressed appreciation to current Assistant City At- torney Bill Blum for his thirty-three years of service. Crlne moved adoption of Resolution No. 44...()6 Ap- proving the appointment of Crenna M. Brumwell as As. sistant City Attorney. Sec- onded by Connors. Motion carried 7-0. Human Rights Ordinance: Communication from Judy Haley Giesen, Chair of the Dubuque Human Rights Commission, recommend- ing adoption of an amend. ment to the Human Rights Ordinance to add sexual orientation to the ordi- nance and to include an exemption for religious ed- ucational institutions in employment, upon motion received and filed. Ordinance No. 8.06 Amending Chapter 27, Hu. man Relations, of the City of Dubuque Code of Ordi- nances by adding two new paragraphs to Section 27~ 1 defining "Sexual Orienta- tion" and defining "Religious Education Institution" and amending Sections 27-51(2), 27-61(1)-(2~27-71(1)-(3), 27- 72,27-911)-(3),27-131(1)- IS!, 27-1 (c), 27-133{a), c, 27-134, and 27-145(1)- 3 prohibiting discrimina- tion based on "Sexual Ori- enlation, " presented and read. Braig moved that the requirement that a pro- posed Ordinance be con- sidered and voted on for passage at two Council Meetings prior to the meet- ing at which it is to be final- ly passed 00 suspanded. Seconded by Jones. Mo- tjon carried 6-1 with Cline voting Nay. Braig moved final ct>nsideration and passage of the Ordinance. Seconded by Jones. Mo- tion carried 6-1 with Cline voting Nay. Storage Container Ordi- nance: City Manager rec- ommending approval of an ordinance to allow for the permitting and use of exte- rior storage containers and trailers; Communication frnrn <:::t<>UI~""" <:::"'........t.......... for passage at two Council Meetings priOl' to the meet- ing at which it is to be final. ly passed be suspended. Seconded by Michalski. Motion failed due to lack of a three-fourths vote: Yeas. Buol, Connors, Jones, Michalski. Nays-Braig, Cline, Lynch. Connors moved that this be considered the first read- ing of the Ordinance and directed that one year from the effective date of the Ordinance the committee be reconvened to evaluate the effectiveness of the Or- dinance. Seconded by Michalski. Carried by the following vote: Yeas-Buol, Connors, Jones, Michalski. Nays-Bralg, Cline, Lynch. Arbor Estates Phase III Lift Station: City Manager recommending that any action to acquire an ease- ment for the proposed lift station on property owned by John P. and Pamela J. Gartner be postponed to a later date as staff intends to approve the installation of a lift station in the Arbor Estates subdivision; Com- munication from Davin C. Curtiss requesting to ad- dress the City Council on behalf of the Forest Grange Property Owner's Associa- tion, regarding the pro. posed placement of a lift station On Association prop- erty and two letters regard- ing the Issue, upon motion received and filed and ap- proved recommendation. Sexual Offender Residency Restrictions: City Manager recommending that the City of Dubuque monitor the current restrictions and any upcoming actions by the State of Iowa legisla- ture and to not create a lo- cal ordinance at this time regarding sexual offender residency restrictions, upon motion received and filed and approved recommen- dation. Unified Development Code: City Manager rec- ommending approval of tenninating the contract with Lane Kendig, Inc. for creation of a Unified De- velopment Code and the drafting of a new Request for Proposals, upon mo- tion received and filed and approved recommendation. Federal Building Applica- tion: City Manager recom- mending approval of the submission of an applica- tion to the Federal Parks Service and GSA for con. veyance of the Federal Building to the City, upon motion received and filed. Connors moved adoption of Resolution No. 45-D6 Authorizing application to the General Services Ad- ministration for Historic Monument conveyance of the Federal BuildIng to the City of Dubuque. SecOll- ded by Jones. Motion car- ried7-D. Iowa League of Cities Conference: City Manager recommending approval of submitting a bid to the Io- wa League of Cities, in- cluding a letter of support, to host the annual confer- ence in 2010 and the ap- pointment of a City Coun- cilliaison, upon motion re- ceived and filed and ap. proved submittal of the bid and approved the appoint- ment of Council Member Michalski as the liaison. National League of Cities: Communication from the National League of Cities advising of the appoint- ment of City Council Mem- ber Ann Michalski to the 2006 Human Development Steering Committee for the National League of Cities, upon motion received and filed and congratulated I Council Member Michalski. I Convention and Visitors I Bureau: City Manager rec- ommending that a work session be scheduled for Monday, February 20, 2006 regarding the Dubuque Area Chamber of Commerce Convention and Visitors Bureau three year plan and budget, upon motion re- ceived and filed and ap proved recommendation. Long Range Planning Ad visory Commission: Corpo ration Counsel submittin an ordinance deleting th requirement of an alterna1 City Council Member 8J eointment to the Lor f:iange Planning Adviso Commission, upon moti( received and filed. Ort nance No. 9.06 Amendir City of Dubuque Code Ordinances Section 3f Long RQ-nge Planning ~ visory Committee Creatl Composition, deleting 1 requirement of an appoi ment of an a1temate ( Council Member, presen and read. Connors mOl that the requirement th{ proposed Ordinance considered and voted for passage at two Cou Meetings prior to the meeting at which it is to be finally passed be suspend- ed. Seconded by Michalski. Motion carried 7-0. Connors moved final consideration and passage of the Ordinance. Seconded by Braig. Motion canied 7-0. February 20, 2006 City Council Meeting: City Man- ager recommending appro~ val of an ordinance that sets February 20, 2006 as the date of the second regular City Council meet- ing in February, upon mo- tion received and filed. Or- dinance No. 10-06 Provid- ing that the second regular meeting of the City Council in February, 2006 shall be February 20, 2006, present- ed and read. Jones moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meet- ing at which it is to be final- ly passed 00 su,ponded. Seconded by Braig. Motion carried 7-0. Jones moved final consideration and pas- sage of the Ordinance. Seconded by Braig. Mo- tion carried 7-0. COUNCIL MEMBER REPORTS Michalski shared that the Iowa League of Cities meet- ing was very informative. Buor stated that the Wash- ington Chamber briefings and conversations with Congressmen were good. Braig thanked the Chamber for thelr Impressive setup. PUBUC INPUT Lou Oswald, 1080 Nowata, expressed appreciation to the Council for their hard work and time commit- ment. He also questioned the majority of Human Rights <,:ommissioners 00- Subscribed to before me, a ing present at this meeting . without a public notice and thiS ./7# day 0 stated he felt it was a Via-I 1.H lation of the open meetings law. Corporation Counsel Undahl clarified that there was no deliberation or ~- lion taken ,by that body and therefore their attend- ance at the City Council meeting did not constitute a public meeting. At 8:30 P.M. upon motion it was resolved to go into Closed Session re: Pend- ing Utigation and Property Acquisition Chapter 21.5(lXc)0) 2005 Code of Iowa. i At 9:37 P.M. Council re- convened regular session stating that staff had been given proper direction. There being no further business, upon motion meeting adjourned at 9:38 P.M. Jeanne F. Schneider, CMC City Clerk lt2/15 STATE OF IOWA DUBUQUE COUNTY {ss: CERTIFICATION OF PUBLICATION I, Bev Engler, a Billing Clerk for Woodward Communications, corporation, publisher of the Telegraph Herald,a newspaper of B published in the City of Dubuque, County of Dubuque and Statl certify that the attached notice was published in said newspaper dates: February 15, 2006, and for which the charge is $289.12. //3pAl LJk f11Y Public in and for Dubuque 0 ,20 d~ . ~~vC~u Notary Public in and for Dubuque .:~::;~:-.. IMARY K. WESTERME jc . ~ ~ .i < _c ~ COmmlgSIOn~ Number 15 L~ My Comm. t.l'..:l, FEB. 1, QlTYOF~ OOUNCIL OFFICIAL CIty COunoI, ~ 800- -',~:tltp.M. .. .,;llUtiic~ AudI- IIIIIIn ' ,JlIOeOliht: """_, '=:'" ~=.:= E~ Moyor _'.- tho call ~I~J':~= coIIocI lor. the ""'- or ~ aucl). matI8nI '--~- -. tho CloUriI4' ~" .W!'"fl/lIIInby =~ ~.... p;r~- _I" _ .......... ~_J"'JuIIO '" 11- ....1Ilil...sw- ~.""'* d. 0ulIunIi _.~' ',Cornrne- oIon oflf.,. CaunoII 011/12, 1117_ 180: CMI - ea..lllilllilllll. 'or 12118; ~'8IoW- _ At:Mwry CoInniilI- _oill3:__- YIUon CO...IIIbdIllii,' of 1/19; _' Commllalon of 11122: Aumen _ Com- mission of 12111; Invest!.. =~1~ bnIry Iloan:I of 12/15: Long S==::l"'/~ cI1llnJcaI Code 1loan:I' of 1018; PIIl1< and Rea_, CommI8ollcn of 1/10: Zoo- Ing!lowd of ~ of 1126, '->..- _ and_. 1rr.....b,RRII 0vIr8Ight Co...,...... ~ file 511ll ~ Report, '-> motion roc8Nod and_. ~-- Centor Second au.ter Roo- port for AecaI Vetil 2006. ;::. motion _ and LIbnIry Iloan:I of T_ Upd8Ia frOm ~ of Jonuory 28, 2OOll. uPon motion _ and_. Proofs' of ~ of ~~,lir;'fn~ _ofpulillcal!onof Uot ., CIolmo ond ~ oI,RowIn.... for_ llild~30,2005 lInll 31, 2005, = motion _ and NotIce of CIalmslSults: ~ OU_ for """'Ie _:VlncentIllldMar- jorIo <rh8It for PftlIlOI1Y ~: Jony GndZ for ~flor~~ Donald StUmpf for person- allnjwy; Paul J. UhIrich for vehIcIo ~: Union In- 8UrIII1co Comoio1v Ior_ lllty .--, WeIto .Ftvgo BlolkMlnneootavsCltyof lluIluque, .. ai, upon mo- lion _ and _ and _toLegalforfnvso.. tigoIionand"""",. 'Calpondton Cowl&oI lid- = =. :::"":::::3 to PubRc EnltIy _ Serv- _ of.1Qwo, the _ for tho Iowa CommunIIIoo As- ........ - --- - for JllOPOl1Y dllmago: Moly V. -.oy fer per- 8OIlIIlnIurY: StaCoy ~ fer .."fcIO damoge.. upen moIIon received and _ and Clll1OUmId. CorporatIon Counsel rec- ommending 88ltIement of tho claim of _ and MIrjorIo em.t fer pftlpOrty ~ tho c:: damage ~"'" nance Depa. b, bit to Is8ue -. upon mcIIon .... _ and _ _.con- cun8d _ _ De- IlO1ImInI to....~. CorporatIon CourioOl rec- ommending _ 01 the claim 01 Jesse Rans fer prilporly ___'-> me- tion received and flied and ccncurrec1 CorporatIon Counsel roc- ORWneIldhtg thet tr.-cIaIm of Jerry _fer ~ damogO be _ to tho ConIrOI Iloan:I 01 tho Du- buque DIug TII8k Foroe. upon motIoiI received and flied and concuIlWd. Govsmor'a T_ SaI8Iy Grant: City ~ rec- OI~_aloI tho ' ofaGover. ncr'a _ Sofoty GnInl sppIIcation fer apOaIoIlnlI- fie ~~' fran Arri " 200ll to Saplembar SO. 2OOll. upon motlan .... _ and fiIOcI, and ap. pmyad rscoon_. 8ynoIgy Coon Construc- tion PrOjOct: CIty ~ MOOf,..,_KtIng acc:ept_ lince of tho 5Yna<1lY CoUrt CcnaIructiQn Proj8ct as c:omplated by Top Grado Ex~, 1iIc., In the fl- naI contract amount of $410,342.13., upon motion _ and flied. Jonas __ '8llopIldn of Aosc- lution No, 3<Hl6_ng 111&_ Coon DICW . Straai ri Utlw. C0n- structiOn Projact ___ _ He> 31-Dl!,~ __ Saoondod eon;. ncrs. _ carrtad -0. SIxtI1 Straot, Savanth Strast, and W_, Park ~_ . ~~ProV.~1 of Amendment #3 to the Fis- cal Year 2006 Annual Ac~ tion Plan for expansion of the Historic Preservation Homeowner Grant Program to include non-proflt or- ganizations providing resi- dential facilities to HUD income-eligible tenants and communication from the Historic Preservation Com- mission recommending approval of a proposed cha~e to the Historic Pres- ervation Homeowner Grant Program to include non- profit organizations provjd~ Ing residential facilities to HUD income-eligible ten- ants and to establish the Historic Preservation Hous- ing Grant Program. upon motion received and filed. Jones moved adoption of Resolution No. 36"'()6 Ap- provinll the Fiscal Year 2007 (Program Year 2006) Annual Plan - Amendment 3 for Community Develop~ ment Block Grant (CDBG) Funds. Seconded by Connors. Motion carried 7- o. Dubuque Area Chamber of Commerce: Communication from Steward Sandstrom, President and CEO of the Dubuque Area Chamber of Commerce, regardin!;l the River Pointe CondomInium Project, upon motion re- ceived and filed. East Central Intergovern- mental Association: Com- munication from Kelley Hutton Deutmeyer, East Central Intergovernmental Association, regarding the Keyline transfer / drop off location at the Dubuque Kennedy Mall, upon motion received and filed and re- ferred to the City Manager. Downtown Dubuque De- sign Guidelines: City Man- ager recommending appro- val of a Historic Resource Development Program (HRDP) Grant Application In the amount at .$13,000 for phase one of develop- ment of the Downtown Du- buque Design Guidelines Manual, a goal of the 2004 Downtown Dubuque Mas- ter Plan, upon motion re- ceived and filed. Jones moved adoption of Reso- krtion No. 37-06 Approving the submittal of an appli- cation far Historic Re- aource Development Pro- gram (HRDp) Grant Funds to the State Historical So- IQiety of Iowa for Downtown Dubuque Design Guide- Ines: Phase 1 (Street- ecape/Landscape Guide- Ines). Seconded by Connors. Motion carried 7- O. . White Water Creek Bridge: City Manager recommend- Ing approval of a new site for the White Water Creek Bridge at the Bergfeld Recreation Area, upon mo- tion received and filed and approved recommendation. Citizen Communication: Communication from Sis- I8r Margaret Ann Willging regarding the possibility of a Wal-Mart at the site of the former meat packing plant, upon motion received .,d filed. Comprehensive Plan Up- dete: Communication from the Long Range Planning Advisory Commission sub- mitting the proposed sched- ule far the 2006 update of the Dubuque Comprehen- sl\fe Plan, upon motion re- ceived and filed. Requests for Proposal (RFp) for Professional Au- diting Services: City Man- ager recommending ap- ~val of the issuance of a Request far Proposals far professional auditing serv- ices far fiscal years ending June 30, 2006 through June 30, 2010, upon mo- 1IrJn received and filed. U.S. Department of Hous- Ing aJld U_ Development: COmmunication from the U.s. Department of Housing Met Urban Development (HUD) advising that the City's Fiscal Year 2006 al- location for the Community Development Block Grant Program is $1,256,479, t:::~ motion received and National League of Cities Legal Defense: City Man- ager recommending appro- wi of the contribution of $198 to the National lea- gue of Cities (NLC) Legal Defense Fund, upon mo- tion received and filed and approved recommendation. Ice Harbor Marina Grant: CJty Manager recommend- Ing approval of a revised ~ect scope for the Iowa Department of Natural Re- eources (IDNR) Boating In- frastructure Grant far the Ice Harbor Marina Project to provide for the con- , struction of eight transient sDps in the Ice Harbor, lIpOO motion received and fII8d and approved recom- mendation. Long Range Planning Ad- vteory Commission: Com- munication from the Long ~e Planning Advisory Corrimission recognizing the commitment of the Envi- lion 201 0 Steering Commit- tee, the sponsors, and the many volunteers for their efforts to successfully en- .t11Q8 citizens in the com- munity visioning process, G:' motion received and ~ Access Contract: City MMager recommendin\1 80- Topacco Compliance - Civil Penalties for Tobacco Permit Holders: City Man- ager recommending accept_ ance and approval of Ac- knowledgement/Settlement Agreements foI' Econofoods, Dempsey's and Molly's Pub, Kwik Stop, and Put1- N-Snuff and assessment of a $300 penalty for their first tobacco compliance violations and acceptance of the Acknowledgement! Settlement Agreements for Ran's Discount Smokes and Hartig Drug Company and assessment of a $1,500 penalty for their second to- bacco compliance viola- tions, upon motion received and filed and approved recommendation. PEG Access Capital Grant Expenditure: City Manager recommending approval far funding in the amount of $36,800 for the Capital Grant for Access Equipment and Facilities, upon motion received and filed and ap- proved recommendation. Franchise Fee Amicus Brief: Corporation Counsel recommending approval of the expenditure 01 approx- imately $3,000 far prepara- tion of an amicus brief to the Iowa Supreme Court on be- half of the cities in Iowa with franchise fees, upon mo- tion received and filed and approved recommendation. Alcoholic Bevera~es Divi- sion: CommunicatIon from Lynn M. Walding, Adminis- trator of the Alcoholic Bev~ erages Division, advising that they have denied the liquor license application for the Water Hole, upon motion received and filed. Justice Assistance Grant: City Manager recommend. ing approval of the submis~ sian of the 2006 Justice Assistance Grant (JAG) ap- plication to the U.S. Depart- ment of Justice Programs in the amount of $29,008, upon motion received and filed and approved recom- mendation. Request far Extension - Vision Iowa: City Manager submitting a letter to the VISion Iowa Board providinp an update on several proJ- ects and requesting an ex- tension on three projects, upon motion received and filed and approved letter. 2006 State Legislative Is. sues: City Manager recom- mending approval of an amendment to the 2006 State Legislative Issues to include language request- ing that the Code of Iowa be amended to clarify that a franchise fee may be based on the gross revenue trGIm the sale of the utility's prod- uct and that the fees that have been collected under franchise agreements were legal, upon motion re- ceived and filed and ap- proved recommendation. Quarterly Investment Re- port: City Manager submit- ting the Oecember 31, 2005 Quarterly Investment Re~ part, upon motion received and filed. University Avenue Em~ bankment Failure: City Man- ager approval to request consideration far Federal Emergency Relief Funding to complete permanent re- pair work for the University Avenue Embankment Fail~ ure project, upon motion received and filed and ap- proved recommendation. Residential Parldng Permit District - West 16th Street / Catherine Street: City Man- ager recommending that a request to add West 16th Street and Catherine Street to Residential Parking Per. mit District "G" be denied, upon motion received and filed and approved recom- mendation. U.S. Department of Hous- ing and Urban Development: Communication from the Department of Housing and U_ Development regmd- ing the City's recent audit report, upon motion re- ceived and filed. 3-M Development, Ltd.: Communication from David L Clemens, representing 3-M Development, Ltd., re- questing that the City Coun- cil's action to delay the d&- velopment of the Dubuque . Brewing and Malting Com- pany Building be rescind- ed immediately, upon mo- tion received and filed. Dubuque Comprehensive Plan: Communication from Lou Oswald regarding the Dubuque Comprehensive Plan, upon motion received and filed. ConAgra Foods: City Man- ager recommending appro- val of a request from Con- Agra Foods to construct a third storage tank on prop. arty leased from the City subject to two conditions, upon motion received and filed and approved recom- mendation. National Community De- velopment Association Con- ference: Communication from Housing and Com- munity Development Direc- tor David Harris that Aggie Tauke attended the National Community Development Association (NCDA) Winter Conference, upon motion received and filed. Dubuque County Historical Society: City Manager sub~ milling a letter to Jerry Enzler, Dubuque County Historical Society, in sup- oort of an anDlication to tnA 42-0-6 Setting the date for the public hearing on the Five Year Capital Improve- ment Program for Fiscal Years 2007 through 2011 for the City of Dubuque for 3/2/06 at a meeting to commence at 6:15 P.M. in the pUblic library auditori. urn and that the City Clerk publish notice in the manner required by law. Seconded by Cline. Motion carried 7-0. BOARDS/COMMISSIONS Applicants are invited to address the Council regard. ing their desire to serve on the following Commission: Airport Commission (One four-year tenn through 9/14/10) Applicants: Char1es Dauod, J.K. Hanson III, Dan Nicholson Charles Dauod spoke requesting consid- eration far appointment. PUBUC HEARINQS Upon motion the rules were suspended to allow anyone present to address the Council. Garfield Place Urban Re- vitalization Area: Proof of publication on notice of hearing to consider approval of an amended and restated Garfield Place Urban Revi- talization Area to add two adjolning lots for a proposed 12-room single-room occu- pancy facility at 601 Gar- field Avenue and to extend the duration of the plan and City Manager recom- mending approval, upon motion receiVed and filed. Communication from the Long Range Planning Ad~ visory Commission recom- mending expansion of the Garfield Place Urban Revi- talization Distr1ct, upon mo- tion received and flIed. Request of Ted Stackis that his property at 5251527 Garfield not be included in the Urban Revitalization Nea. An Ordinance Establishing the Amended and Restat- ed Garfield Place Urban Revitalization Area as an Urban Revitalization Area pursuant to Chapter 404 of the Code of Iowa, present- ed and read. Upon motion action on this item was tabled. Dubuque County Historical Society Lease Agreement: Proof of pUblication on no- tice of hearing to consider disposing of real property by lease to the Dubuque County Historical Society and City Manager recom. mending approval, upon motion received and filed. Jeny Enzler of the National Mississippi River Museum spoke In appreclation of this action. Cline moved adoption of Resolution No. 43-06 Dis- posing of an Interest in real property by lease agree- ment to the Dubuque Coun- ty Historical Society. Secon- ded by Connors. Motion carried 7~0. Upon motion the rules were reinstated limiting dis- cussion to the Council. ACTION ITEMS Assistant City Attorney: Corporation CounSel recom- mending approval of the selection of Crenna Brum- well as the Assistant City Attomey, effective March 20, 2006, upon motion re- ceived and filed. Undahl introduced Brum- well to the City Council and expressed appreciation to current Assistant City At- torney Bill Blum for his thIrtv-three years of service. COne moved adoption of Resolution No. 44-06 Ap- proving the appointment of Crenna M. Brumwell as As- slstant City Attomey. Sec- onded by Connors. Motion carried 7-0. Human Rights Ordinance: Communication from Judy Haley Giesen, Chair of the Dubuque Human Rights Commission, recommend- ing adoption of an amend- ment to the Human Rights Ordinance to add sexual orientation to the orcU. nance and to include an exemption for religious ed- ucational institutions in employment, upon motion received and filed. Ordinance No. 8-06 Amending Chapter 27, Hu- man Relations, of the City of Dubuque Code of Ordi- nances by adding two new paragraphs to Section 27- 1 defining "Sexual Orienta- tion" and defining "Religious Education Institution" and amending Sections 27-51(2), 27-61(1)-(21,27-71(1)-(3). 27- 72.27-911)-(3).27-131(1)- 15l' 27-132(c), 27-133(a), c, 27~134, and 27-145(1)- 3 prohibiting discrimina- tiOn based an "Sexual Ori- entation," presented and read. Braig moved that the requirement that a pro- posed Ordinance be con- sidered and voted on far passage at two Council Meetings prior to the meet- ing at which it is to be final. Iy passed be suspended. Seconded by Janes. Mo- tpn carried 6-1 with Cline voting Nay. Braig moved final cbnsideration and passage of the Ordinance. Seconded by Jones. Mo- tion carried 6-1 with Cline voting Nay. Storage Container Ordi. nance: City Manager rec- ommending approval of an ordinance to allow for the permitting and use of exte- rior storage containers and trailers; Communication frnm ~f<>w..rrl q..n.................. Meetings priar to the I meeting at which it is to be finally passed be suspend- ed. SSCCnded by Michalski. Motion carried 7 ~O. Connors moved fInal consideration and passage of the Ordinance. Seconded by Braig. Motion carried 7-0. February 20, 2006 City Council Meeting: City Man- ager recommending appro- val of an ordinance that sets February 20, 2006 as the date 01 the second regular City Council meet- ing in February, upon mo- tion received and filed. Or- dinance No. 10-06 Provid- ing that the second regular meeting of the City CounCil in February, 2006 shall be February 20, 2006, present- ed and read. Jones moved that the requirement that a proposed Ordinance be considered and voted On far passage at two Council Meetings prior to the meet- ing at which it is to be final~ Iy passed be suspended. Seconded by Braig. Motion carried 7-0. Jones moved final consideration and pas_ sage of the Ordinance. Seconded by Braig. Mo- tion carried 7-0. COUNCIL MEMBER REPORTS Michalski shared that the Iowa League of ctties meet- ing was very informative. Buol stated that the Wash- Ington Chamber briefings and conversations with Congressmen were good. Braig thanked the Chamber ; far their impressive setup. i PUBLIC INPUT Lou Oswald, 1080 Nowata, expressed appreciation to the Council far their hard work and time commit- ment. He also questioned the majority of Human . Rights Gommlss;onars be- Subscnbed to before m~e, a ary Publ in~ present at this meeting .' ~d withoutapubl!cnotice8!ld I thiS /7. ayo A//A'..J stated he felt it was a VIO- . lation of the open meetings : / law. Corporation Counsel I G Lindahl clarified that there was no deliberation or ac- tion taken by that body and therefore their attend- ance at the City Council meeting did not constitute a public meeting. A1. 8:30 P.M. upon motion It was resolved to go into Closed Session re: Pend- ing Uti!;Jation and Property Acquisition - Chapter 21.5(IXc)0) 2005 Coda of Iowa. At 9:37 P.M. Council re- convened regular session stating that staff had been given proper direction. There being no further business, upon motion meeting adjoumed at 9:38 P,M. Jeanne F. Schneider, CMC City Clerk. 112/15 for passage at two Council Meetings prior to the meet~ ing at which it is to be final- ly passed be suspended. Seconded by Michalski. Motion failed due to lack of a three-fourths vote: Yeas. Buol, Connors, Jones, Michalski. Nays-Braig, Cline, Lynch. Connors moved that this be considered the first read- ing of the Ordinance and directed that one year from the effective date of the Ordinance the committee be reconvened to evaluate the effectiveness of the Or- dinance. Seconded by Michalski. Carried by the following vote: Yeas-Buol, Connors, Janes, Michalski. Nays-Braig, CUne, Lynch. Arbor Estates Phase III Uft Station: City Manager recommending that any action to acquire an ease- ment for the proposed lift station on property owned by John P. and Pamela J. Gartner be postponed to a later date as staff intends to approve the Installation of a Uft station in the Arbor Estates subdivisJon; Com- munication from Davin C. Curtiss requesting to ad- dress the City Council On behalf of the ~orest Grange Property Owner's AssocIa- tion, regarding the pro- posed placement of a lift station on Association prop. arty and two letters regard- ing the issue, upon motion received and filed and ap- proved recommendation. Sexual Offender Residency Restrictions: City Manager recommending that the City of Dubuque monitor the current restrictions and any upcoming actions by the State of Iowa legisla- ture and to not create a lo- cal ordinance at this time regarding sexual offender residency restrictions, upon motion received and flied and approved recommen- dation. Unified Development Code: City Manager rec~ ommending approval of tenninating the contract with Lane Kendig, Inc. for creation of a Unified De- velopment Code and the drafting of a new Request for Proposals, upon mo- tion recelved and filed and approved recommendatioo. Federal Building Applica- tion: City Manager recom- mending approval of the submission of an applica~ tion to the Federal Parks Service and GSA far con- veyance of the Federal Building to the City, upon motion received and flied. Connors moved adoption of Resolution No. 45-06 Authorizing application to the General Services Ad- ministration for Historic Monument conveyance of the Federal Building to the City of Dubuque. Secor.. ded by Jones. Motion car- ried 7-0. Iowa League of Cities Conference: City Manager recommending approval of submitting a bid to the Io- wa League of Cities, in- cluding a letter of support, to host the annual confer. ence in 2010 and the ap- pointment of a City Coun- cil liaison, upon motion re- ceived and filed and ap- proved submittal of the bid and approved the appoint- ment of Council Member Michalski as the liaison. National League of Cities: Communication from the National League of Cities edv;a;ng of the appoint- ment of City Council Mem- ber Ann Michalski to the 2006 Human Development Steering Committee for the National League of Cities, upon motion received and filed and congratulated I Council Member Michalski. , Convention and Visitors Bureau: City Manager rec. ommending that a work session be scheduled far Monday, February 20, 2006 regarding the Dubuque Area Chamber of Commerce Convention and Visitors Bureau three year plan and budget, upon motion rg. ceived and flied and ap proved recommendation. Long Range Planning Ad visory Commission: Corpo ration Counsel submittin an ordinance deleting tl1 requirement of an a1tema! City Council Member ar 1"",' imntmant to the Lor t:mnge Planning Advlso Commission, upon motic received and filed. 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