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11 2 09 City Council Proceedings Official CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on November 2, 2009 in the Historic Federal Building. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voetberg, City Manager Van Milligen, Assistant City Attorney O’Brien 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 Invocation was provided by Sister Mary Ann Zollman of the Sisters of Charity, BVM Center. PROCLAMATIONS Philanthropy Day (November 13, 2009) was accepted by Dan McCarthy, Greater Tri-State Chapter of the Association of Fundraising Professionals, 1104 N. Clark Lane, Galena, IL; Ruby Sutton Day (November 15, 2009) was accepted by Ruby Sutton and family, 861 Air Hill Street; Hospice Month (November, 2009) was accepted by Carole Caroll, Hospice of Dubuque, 2255 John F. Kennedy Road. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Connors. Jones requested (#12) Novogradac Community Development Foundation (NCDF) be held for separate discussion. Motion carried 7-0. Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 8/25; City Council of 10/19; Civil Service Commission of 9/8 and 10/6; Environmental Stewardship Advisory Commission of 10/6; Housing Commission of 8/25; Housing Code Appeals Board of 9/15; Park and Recreation Commission of 10/13 Proofs of publication of City Council Proceedings of October 5, 2009 (Special Meeting and Regular Session) Upon motion the documents were received and filed. Notice of Claims/Suits: Paul M. Olson for vehicle damage; Dan Boge for property damage; Dan Curler for loss of property; John Ervolino for property damage Upon motion the documents were received and filed and referred to the City Attorney. City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Dan Boge for property damage; Dan Curler for loss of property; Joseph and Dixie Rubino for personal injury City Attorney recommending settlement of the claim of John Ervolino for property damage Upon motion the documents were received, filed, and concurred. Civil Service Commission: Civil Service Commission submitting the certified list for the position of Equipment Operator I. Upon motion the document was received and filed and made a Matter of Record. Northeast Iowa Small Business Development Center: Communication verifying that Northeast Iowa Community College of Calmar has contributed $10,000 to be made available to the Northeast Iowa SBDC on July 1, 2008. Communication verifying that Northeast Iowa Community College of Calmar has contributed $10,000 to be made available to the Northeast Iowa SBDC on July 1, 2009. Upon motion the documents were received and filed. Washington Neighborhood Development Corporation (WNDC): City Manager recommending approval of a letter of support for a Washington Neighborhood Development Corporation grant application to the NeighborWorks America organization in the amount of $150,000. Upon motion the documents were received, filed, and approved. Cleveland Avenue Reconstruction Project: City Manager recommending acceptance of the Cleveland Avenue Reconstruction Project as completed by Horsfield Construction, Inc., in the final contract amount of $1,669,582.56 and adoption of the final schedule of assessments. Upon motion the documents were received and filed and Resolution No. 426-09 Accepting the Cleveland Avenue Reconstruction Project – Bryant Street to Villa Street and authorizing payment of the contract amount to the contractor and Resolution No. 427-09 Adopting the final assessment schedule for the Cleveland Avenue Reconstruction Project – Bryant Street to Villa Street Project were adopted. RESOLUTION NO. 426-09 ACCEPTING THE CLEVELAND AVENUE RECONSTRUCTION PROJECT – BRYANT STREET TO VILLA STREET AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Cleveland Avenue Reconstruction Project - Bryant Street to Villa Street (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Street Construction Program, Watermain Replacement Program, Street Program Related Sanitary Sewer Improvements, Cleveland Avenue (Bryant to Villa) Storm Sewer Improvements, and Fiber Optic Conduit – Paving Projects appropriations for the contract amount of $1,669,582.56 less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code chapter 573. nd Passed, approved and adopted this 2 day of November, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 2 CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE CLEVELAND AVENUE RECONSTRUCTION PROJECT – BRYANT STREET TO VILLA STREET The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Cleveland Avenue Reconstruction Project - Bryant Street to Villa Street, that the Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $1,837,702.32. rd Dated this 23 day of October, 2009. Gus Psihoyos, City Engineer rd Filed in the office of the City Clerk on the 23 day of October, 2009. Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 427-09 ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE CLEVELAND AVENUE RECONSTRUCTION PROJECT BRYANT STREET TO VILLA STREET NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: After full consideration, the Final Schedule of Assessments as shown on the attached sheet(s), Page 1 to Page 2 inclusive, is hereby approved for the Cleveland Avenue Reconstruction Project - Bryant Street to Villa Street. There is hereby assessed and levied as a special tax against and upon each of the benefited properties, the respective sums indicated. The amounts shown in said Final Schedule of Assessments as deficiencies are found to be proper and levied conditionally against the respective properties benefited by the improvements as shown in the Final Schedule of Assessments, subject to the provisions of Iowa Code § 384.63. Said assessments against said lots are hereby declared to be in proportion to the special benefits conferred and not in excess of twenty-five percent of the value of same. The City Clerk be and is hereby directed to certify the Final Schedule of Assessments to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the Final Schedule of Assessments. On or before the date of the second publication of the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided in Iowa Code § 384.60. The assessments may be paid in full or in part without interest at the office of the City th Treasurer, City Hall, 50 W. 13 Street, Dubuque, Iowa, at any time within 30 days after the date of the first notice of the Final Schedule of Assessments. Thereafter, unpaid assessments of $100.00 or more are payable in 10 annual installments at the County Treasurer’s Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, and will draw annual interest at nine percent (9%) computed to December 1 next following the due dates of the respective installments as provided in Section 384.65 of the Code of Iowa. Each installment will be delinquent from October 1 following its due date on July 1 of each year. However, when the last day of September is a Saturday or Sunday, that amount shall be delinquent from the second business day of October. Delinquent installments will draw the same delinquent interest as ordinary taxes. Property owners may elect to pay any annual installments semi- annually in advance. nd Passed, approved and adopted this 2 day of November, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 3 Louise Lane Bridge Reconstruction Project: City Manager recommending acceptance of the Louise Lane Bridge Reconstruction Project as completed by Jim Schroeder Construction, Inc., of Bellevue, Iowa, in the final contract amount of $215,630.30. Upon motion the documents were received and filed and Resolution No. 428-09 Accepting the Louise Lane Bridge Reconstruction Project and authorizing payment of the contract amount to the contractor was adopted. RESOLUTION NO. 428-09 ACCEPTING THE LOUISE LANE BRIDGE RECONSTRUCTION PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Louise Lane Bridge Reconstruction Project (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Louise Lane Bridge Reconstruction Capital Improvement Project appropriation for the contract amount of $215,630.30 less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code chapter 573. nd Passed, approved and adopted this 2 day of November, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE LOUISE LANE BRIDGE RECONSTRUCTION PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Louise Lane Bridge Reconstruction Project, that the Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $273,805.17. rd Dated this 23 day of October, 2009. Gus Psihoyos, City Engineer rd Filed in the office of the City Clerk on the 23 day of October, 2009. Jeanne F. Schneider, CMC, City Clerk Dubuque Regional Humane Society: City Manager communication to The Miccio Foundation in support of the Dubuque Regional Humane Society’s grant application for veterinary equipment for a spay and neuter clinic. Upon motion the document was received and filed. Renewal Rates – Voluntary Dental Plan: City Manager recommending approval of the renewal rates for the City’s voluntary dental plan. Upon motion the documents were received, filed, and approved. 4 Legislative Correspondence: Correspondence to Senator Tom Harkin and Senator Charles Grassley requesting that they cosponsor the Community Restoration and Revitalization Act, which updates the Historic Tax Credit and would provide greater opportunities for the reuse of historic and older buildings. Upon motion the documents were received and filed. Mediacom: Communication from Lee Grassley, Mediacom Senior Manager – Government Relations, advising of upcoming channel changes. Upon motion the document was received and filed. Novogradac Community Development Foundation (NCDF): Notification from the Novogradac Community Development Foundation (NCDF) that City Manager Michael C. Van Milligen has been named the Public Executive of the Year. Motion by Jones to receive and file the document. Seconded by Connors. Council Member Jones congratulated the City Manager on behalf of the City Council. Motion carried 7-0. Online Employment Application Vendor: City Manager recommending approval of a contract with NeoGov to provide enhanced online employee application services. Upon motion the documents were received, filed, and approved. KeyLine Transit Board: Communication from John Curtis submitting his resignation from the KeyLine Transit Board due to his relocation out of State. Upon motion the document was received and filed and the resignation accepted. Unified Therapy Services: Communication from Sarah Biedermann, Director of Marketing and Billing for Unified Therapy Services, thanking the City of Dubuque for their assistance in making the Autism Speaks run / walk a success. Upon motion the document was received and filed. East Central Intergovernmental Association: Communication from Kelley Hutton Deutmeyer, East Central Intergovernmental Association, thanking the City Council for their approval and support of the Regional Transit Authority’s request to partner with the City of Dubuque in providing funds for the Northeast Iowa Community College’s shuttle route. Upon motion the document was received and filed. Quarterly Investment Report: City Manager transmitting the September 30, 2009 Quarterly Investment Report. Upon motion the documents were received and filed. Community Development Advisory Commission: City Manager recommending approval of the appointment of Char Eddy as the Housing Commission Liaison to the Community Development Advisory Commission. Upon motion the documents were received, filed, and approved. Liquor License Refund: Request of Beverly Larsen, Denny’s Lux Club, requesting a refund of her Beer/Liquor License. Upon motion the document was received and filed and the refund approved. Liquor License Applications: City Manager recommending approval of annual liquor license renewals as submitted. Upon motion the documents were received and filed and Resolution No. 429-09 Granting the issuance of a Class “C” Beer Permit to Kwik Stop Food Mart; and 5 Resolution No. 430-09 Granting the issuance of a Class “C” Beer/Liquor License to Yen Ching, Aragon Tap and L May; a Special Class “C” Liquor License to HuHot Mongolian Grill; and a Class “WBN” (Native Wine) License to Dubuque Humane Society Adoption Center and Kwik Stop Food Mart were adopted. RESOLUTION NO. 429-09 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved: and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS “C” BEER PERMIT Rainbo Oil Company Kwik Stop Food Mart+(Sunday Sale) 4039 Pennsylvania Avenue Passed, approved and adopted this 2nd day of November, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 430-09 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Laws and all City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS “C” BEER/LIQUOR LICENSE Hernandez Corporation Yen Ching 926 Main Street Aragon Tap Inc Aragon Tap +(Sunday Sale) 1103 Iowa Street L May, Inc L. May+(Sunday & Outdoor Sale) 1072 Main Street SPECIAL CLASS “C” LIQUOR LICENSE CCW, LLC Huhot Mongolian Grill+(Sunday Sale) 555 JFK Road CLASS “WBN”(NATIVE WINE) LICENSE Dubuque Humane Society Dubuque Humane Society Adoption Center 555 JFK Road Rainbo Oil Company Kwik Stop Food Mart 4039 Pennsylvania Avenue Passed, approved and adopted this 2nd day of November, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City Council. 6 Historic Shot Tower Rehabilitation Project – Phase I: Proof of publication on notice of public hearing to consider the plans and specifications, form of contract and estimated cost for the Historic Shot Tower Rehabilitation Project – Phase I and City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 431- 09 Preliminary approval of plans, specifications, form of contract, and estimated cost for the Historic Shot Tower Rehabilitation Project – Phase I. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 431-09 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE HISTORIC SHOT TOWER REHABILITATION PROJECT - PHASE I NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Historic Shot Tower Rehabilitation Project - Phase I, in the estimated amount $699,762.00, are hereby approved. nd Passed, adopted and approved this 2 day of November, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Upon motion the rules were suspended limiting discussion to the City Council. ACTION ITEMS Citizen Request: Request of Lance Knabel, 1971 University, to address the Council regarding parking in his neighborhood. Mr. Knabel asked City Council to consider changing the “No Student” parking in front of his house to “Residential Only” parking. After responding to questions from City Council, City Engineer Gus Psihoyos asked Mr. Knabel to contact the Engineering Department to consider a Residential Parking Permit District designation for the area. Motion by Connors to receive and file the document. Seconded by Braig. Motion carried 7-0. North Fork Catfish Creek Stormwater and Sanitary Sewer Reconstruction Project – Phase III. City Manager recommending that all bids received for the North Fork Catfish Creek Stormwater and Sanitary Sewer Reconstruction Project – Phase III be rejected and the project re-bid at a later date. Motion by Braig to receive and file the documents and adopt Resolution No. 432-09 Rejecting all competitive bids for the North Fork Catfish Creek Stormwater and Sanitary Sewer Reconstruction Project – Phase III. Seconded by Voetberg. Motion carried 7-0. RESOLUTION NO. 432-09 REJECTING ALL COMPETITIVE BID PROPOSALS RECEIVED FOR THE NORTH FORK CATFISH CREEK STORMWATER AND SANITARY SEWER IMPROVEMENTS PROJECT – PHASE III Whereas, competitive sealed bid proposals have been submitted by contractors for the North Fork Catfish Creek Stormwater and Sanitary Sewer Improvements Project – Phase III (the Project) pursuant to Resolution No. 390-09 and Notice to Bidders published in a th newspaper published in the City of Dubuque, Iowa on the 9 day of October, 2009; and nd Whereas, said competitive sealed bid proposals were opened and read on the 22 day of October, 2009; and 7 Whereas, the City Council has deemed it advisable to reject all competitive sealed bid proposals the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. All of the competitive sealed bid proposals for the North Fork Catfish Creek Stormwater and Sanitary Sewer Improvements Project – Phase III are hereby rejected. Section 2. The City Clerk is authorized and instructed to return the bid deposits of the unsuccessful bidders for North Fork Catfish Creek Stormwater and Sanitary Sewer Improvements Project – Phase III. nd Passed, approved and adopted this 2 day of November, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Bicycle Ordinance: City Manager recommending approval of an ordinance related to the definition of bicycles which will bring the Code of Ordinances in alignment with State law updates. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Resnick. Motion carried 7- 0. Motion by Jones for final consideration and passage of Ordinance No. 53-09 Amending the City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 1 General Provisions, Section 9-1-321.1 Definitions, by amending the definition of bicycle and motorized bicycle or motor bicycle. Seconded by Connors. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 53-09 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHICLES AND TRAFFIC, CHAPTER 1 GENERAL PROVISIONS, SECTION 9-1-321.1 DEFINITIONS, BY AMENDING THE DEFINITION OF BICYCLE AND MOTORIZED BICYCLE OR MOTOR BICYCLE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 9-1-321.1 of the City of Dubuque Code of Ordinances is amended to read as follows: 9-1-321.1. Definitions. The following words and phrases, when used in this title shall, for the purpose of this title, have the meanings respectively ascribed to them in this section: . . . . Bicycle: A. A device having two (2) or more wheels and having at least one (1) saddle or seat for the use of a rider which is propelled by human power; or B. A device having two (2) or three (3) wheels with fully operable pedals and an electric motor of less than seven hundred fifty (750) watts (one (1) horsepower), with a maximum speed on a paved level surface, when powered solely by such a motor while ridden, is less than twenty (20) miles per hour. . . . . Motorized Bicycle or Motor Bicycle: A motor vehicle having a saddle or a seat for the use of a rider and designed to travel on not more than three (3) wheels in contact with the 8 ground, and not capable of operating at a speed in excess of thirty (30) miles per hour on level ground unassisted by human power. . . . . Section 2. This Ordinance shall take effect upon on publication. nd Passed, approved and adopted the 2day of November, 2009. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 6 day of November, 2009. /s/Jeanne F. Schneider, CMC, City Clerk Panhandling Ordinance: City Manager recommending approval of an ordinance which would prohibit aggressive panhandling in the City of Dubuque. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Braig. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 54-09 Amending Title 7 Police, Fire, and Public Safety, Chapter 5 Offenses, Article A General Offenses, of the City of Dubuque Code of Ordinances by adding a new Section 7-5A-17 Aggressive Panhandling Prohibited, defining and prohibiting aggressive panhandling, and providing penalties for the violation thereof. Seconded by Braig. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 54-09 AMENDING TITLE 7 POLICE, FIRE, AND PUBLIC SAFETY, CHAPTER 5 OFFENSES, ARTICLE A GENERAL OFFENSES, OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY ADDING A NEW SECTION 7-5A-17 AGGRESSIVE PANHANDLING PROHIBITED DEFINING AND PROHIBITING AGGRESSIVE PANHANDLING AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Title 7, Chapter 5, Article A of the City of Dubuque Code of Ordinances is amended by adding thereto the following new section: 7-5A-17. Aggressive Panhandling Prohibited. 1. Purpose. a. The purpose of this Ordinance is to ensure unimpeded pedestrian traffic flow, to maintain and protect the physical safety and well-being of pedestrians, and to otherwise foster a safe and harassment-free climate in public places in the City of Dubuque. b. This Ordinance is not intended to limit any person from exercising such person’s constitutional right to solicit funds, picket, protest, or engage in other constitutionally protected activity. 2. Definitions. As used in this Ordinance, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended: a. Aggressive panhandling means panhandling which demonstrates a specific intent to induce, solicit, or procure from another goods or money which includes one (1) or more of the following actions: i. The touching of the solicited person without the solicited person’s consent; ii. Blocking the path of travel of the person being solicited; iii. Blocking the entry or exit of a person being solicited to any vehicle or building; 9 iv. Continuing to solicit or request a donation from a person after that person has refused an earlier request verbally or has ignored the request; v. Following or remaining alongside a person who, after being solicited, walks away from the person panhandling and doing the same in a manner that would cause a reasonably prudent person to feel threatened, intimidated, or fearful; vi. Making any statement, gesture, or other communication that would cause a reasonably prudent person to feel threatened, intimidated, or fearful; vii. Soliciting a person who is in a situation in which it would be obvious to a reasonably prudent person that the person being solicited would not feel free to immediately walk away, and shall include, but is not limited to, soliciting the person at any bus stop, in any public transportation vehicle, in a line waiting for service or admission, or dining at an outdoor service area; viii. Soliciting a person within fifty feet (50’) of an automatic teller machine or an entrance to a bank or similar institution; ix. Behavior which would deter a reasonably prudent person from passing through or remaining in or near any thoroughfare, or public place because of fear, concern, or apprehension caused by such behavior. b. Automated teller machine means a device, linked to a financial institution’s account records, which is able to carry out transactions, including, but not limited to, account transfers, deposits, cash withdrawals, balance inquiries, and mortgage and loan payments. c. Intimidation means conduct which repeatedly interferes with the free passage of other persons in or into public places or which demonstrates an attempt to discourage the free passage of other persons in or into public places. d. Panhandling means any request for or solicitation of an immediate donation of money, and includes a request or solicitation to purchase an item for an amount far exceeding its value and circumstances where a reasonably prudent person would understand that the purchase is in substance a donation. Panhandling shall not include the act of passively standing, sitting, or engaging in a musical performance or other street performance with a sign or other indication that donations are being sought without any verbal request for a donation other than in response to an inquiry by another person. e. Public place means any area generally visible to public view and includes streets, right-of-ways, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, communication facilities, transportation facilities, and buildings open to the general public including those which serve food or drink or provide entertainment, and the doorways, entrances, or other openings in buildings or dwellings and the grounds enclosing them. f. Threats mean statements, gestures, or other forms of communication which a reasonably prudent person would perceive as intending to result in the procurement of money or goods by intimidation or coercion. 3. Prohibited Acts. a. It shall be unlawful for any person, either individually or as part of a group, to engage in aggressive panhandling in any public place. b. It shall be unlawful for two (2) or more persons to intentionally work in concert to commit acts that would constitute aggressive panhandling if those acts were performed by a single individual. c. To constitute a violation of this Section the violator’s conduct must be such as to demonstrate a specific intent to induce, solicit, or procure from another goods or money. 4. Penalty. A violation of this Section may be prosecuted as a criminal or civil matter, and upon conviction an individual is subject to a penalty and other relief in accordance with Sections 1-4-1 and 1-4-2 of the Code of Ordinances. 10 5. Severability. If any of the provisions of this Ordinance are for any reason deemed illegal or void, then the lawful provisions of this Ordinance, which are separable from said unlawful or void provisions, shall be and remain in full force and effect, the same as if this Ordinance contained no illegal or void provisions. Section 2. This Ordinance shall take effect upon publication. nd Passed, approved and adopted the 2 day of November, 2009. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 6 day of November, 2009. /s/Jeanne F. Schneider, CMC, City Clerk February 15, 2010 City Council Meeting: City Manager recommending that the City Council meeting scheduled for Tuesday, February 16, 2010 be changed to Monday, February 15, 2010 (President’s Day). Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Lynch. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 55-09 Changing the date for the second regular City Council meeting in February 2010 from February 16, 2010 to February 15, 2010. Seconded by Braig. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 55-09 CHANGING THE DATE FOR THE SECOND REGULAR CITY COUNCIL MEETING IN FEBRUARY 2010 FROM FEBRUARY 16, 2010 TO FEBRUARY 15, 2010 Section 1. Sec. 2-33. Types of meetings, of the City of Dubuque Code of Ordinance notwithstanding, the second regular City Council meeting in February 2010 shall be held on th the 15 day of February. Section 2. This Ordinance shall take effect upon publication. nd Passed, approved and adopted the 2 day of November, 2009. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 6 day of November, 2009. /s/Jeanne F. Schneider, CMC, City Clerk COUNCIL MEMBER REPORTS Resnick encouraged citizens to vote on November 3, 2009. There being no further business, upon motion the City Council adjourned at 7:23 p.m. /s/Jeanne F. Schneider, CMC City Clerk 11