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-
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.. .,;llUtiic~ AudI-
IIIIIIn '
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E~
Moyor _'.- tho call
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coIIocI lor. the ""'- or
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12118; ~'8IoW-
_ At:Mwry CoInniilI-
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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. On
nance No. 9-Q6 Amendi,
City of Dubuque Code
Ordinances Section 3f
Long RlJnge Planning fl
visory Committee Creatl
Compositlon, deleting I
requirement of an appai
ment of an alternate (
Council Member, presell
and read. Connors mOl
that the requirement thl
proposed Ordinance
considered and voted
for passage at two Cou
STATE OF IOWA
DUBUQUE COUNTY
CERTIFICATION OJ
I, Bev Engler, a Billing Clerk for WOO(
corporation, publisher of the Telegraph
published in the City of Dubuque, COlli
certify that the attached notice was pub
dates: February 15,2006, and for whie!
//bN
L
~r
Notary Pl
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FItlNIIY 20, 2006. upon __ "'........ ~ 8<16 P:Md". pIIIaIIc.1I- _11m ---
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