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7 21 14 Clerk's Skeleton Notes and Meeting CallCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on July 21, 2014 in the Historic Federal Building, 350 W. 6th Street. ate, ,� Present: Mayor Bud; Council Members Brag`, Conner?;, Jones, Lyffch, Resnick, 'ton; City Manager VVaary/Milligen, City Attorney Undahl Abktr�f: Ma or Buol read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE PROCLAMATION(S) 1. Apples for Students Months July/Aug? 2014).! 4/.44i r. 4 //b, 1 CONSENT ITEMS Yays ,. Nays Vt Jones ice% Lynch Resnick Lr'r Sutton j,,-' Braig ]o's ,13uoI 1. ..Connors 1. Minutes and Reports Submitted Arts and Cultural Affairs Advisory Commission of 5/27; Cable TV Commission of 6/4; City Council Proceedings of 7/7; Housing Commission of 6/24; Library Board of Trustees Update of 6/19; Zoning Advisory Commission of 7/2; Zoning Board of Adjustment of 6/24 Suggested Disposition: Receive and File 2. Notice of Claims and Suits Stacey Duve for vehicle damage, Steve Maker II for vehicle damage Suggested Disposition: Receive and File; Refer to City Attorney 3. Disposition of Claims 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: Steve Duve for vehicle damage Suggested Disposition: Receive and File; Concur 4. William D. Hatfield Award Iowa Water Environment Association (IAWEA) announcing that Dubuque Water & Resource Recover Center Manager Jonathan Brown is the 2014 Recipient of the William D. Hattfield Award for outstanding performance and professionalism in the treatment and maintenance of a wastewater plant. Suggested Disposition: Receive and File; 2 Yays Nays Jones Lynch Resnick Sutton Braig Buol Connors 5. Dubuque Jaycees -Radio Dubuque 2015 Fireworks Request Correspondence from Thomas Parsely, General Manager of Radio Dubuque and on behalf of the Dubuque Jaycees, requesting permission to conduct a fireworks display on Friday, July 3, 2015 from 9:00 p.m. to 10:30 p.m. on Volunteer Road between Hawthorne and Lime Streets with a rain date of July 4, 2015. Suggested Disposition: Receive and File; Approve 6. Shelter Plus Care Program Contract City Manager recommending approval of a contract with the U.S. Department of Housing and Urban Development for administration of the Shelter Plus Care Program. Suggested Disposition: Receive and File; Approve 7. 2115 Sunnyview Drive - Agreement and Acceptance of Storm Sewer Easement City Manager recommending approval of an agreement and acceptance of a storm sewer easement from James E. and Kristine E. Noonan for a proposed storm sewer relocation. ord207-14 Approving a Memorandum of Agreement for Construction of a Storm Sewer and Accepting a Grant of Easement for Storm Sewer Through, Over and Across a Part of the Southerly 99 Feet of Lot 92 in Finley's Addition to the City of Dubuque, Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 8. Workers' Compensation Excess Insurance Renewal Fiscal Year 2015 City Manager recommending approval of the renewal rate submitted by Safety National for Fiscal Year 2015 Workers' Compensation Excess Insurance. Suggested Disposition: Receive and File; Approve 3 Yays Nays Jones Lynch Resnick Sutton Braig Buol Connors 9. Iowa Department of Transportation - Detours Agreement Iowa Department of Transportation (IDOT) submitting an agreement for use of local agency roads as detours during the construction of the Intermodal Transportation Center. Suggested Disposition: Receive and File; Approve 10. Collective Bargaining Agreement - Dubuque Professional Firefighter's Association #353 City Manager requesting that the City Council receive and file the arbitration award between the City of Dubuque and the Dubuque Professional Firefighters Association, Local #353, effective July 1, 2014 through June 30, 2015. Suggested Disposition: Receive and File 11. Collective Bargaining Agreement Teamsters Local 120 (Bus Operators) City Manager recommending approval of an Amendment to the Collective Bargaining agreement between the City and Dubuque and the Teamster Local Union No. 120 (Bus Operators). Suggested Disposition: Receive and File; Approve 12. Property Acquisition - 420 Garfield Avenue City Manager recommending approval to acquire property located at 420 Garfield Avenue from Thomas J. Blaser and Margaret M. Blaser as part of the acquisition program associated with the Bee Branch Creek Restoration Project. RESOLUTION 208-14Approving the acquisition of real estate owned by Thomas J. Blaser and Margaret M. Blaser, D/B/A Dubuque Fire Equipment, Inc., in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution(s) 4 Yays Nays Jones Lynch Resnick Sutton Braig Buol Connors 13. Partial Property Acquisition - 430 Garfield Avenue City Manager recommending approval to purchase a portion of 430 Garfield Avenue and two temporary construction easements through 430 Garfield Avenue that are required for the Bee Branch Creek Restoration Project; and that a Memorandum of Understanding be executed with Robert Klauer regarding relocation, re-establishment expenses and points of discussion. RESOLUTION 209-14 Approving the acquisition of real estate owned by Robert F. Klauer in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution(s) 14. 2014 Access Ramp Installation Project Phase 2 - Award City Manager recommending that the award for the 2014 Access Ramp Installation Project — Phase 2 be officially recorded in the minutes of the City Council. Suggested Disposition: Receive and File; Make Matter of Record 15. Community Development Block Grant (CDBG) 2014 Curb Access Ramp Installation Project Award City Manager recommending that the award for the 2014 CDBG Curb Access Ramp Installation Project be officially recorded in the minutes of the City Council. Suggested Disposition: Receive and File; Make Matter of Record 16. Harvest Kitchen and Bar - Request for Release of Community Development Block Grant (CDBG) Funds City Manager recommending approval of a resolution authorizing the Request Release of Funds for the proposed Economic Development Financial Assistance Program Community Development Block Grant loan to Harvest Kitchen and Bar. RESOLUTION 210-14 Authorizing Request for release of Community Development Block Grant funds for Economic Development Financial Assistance Program - Harvest Kitchen and Bar Suggested Disposition: Receive and File; Adopt Resolution(s) 5 Yays Nays Jones Lynch Resnick Sutton Braig Buol Connors 17. Harvest Kitchen and Bar - CDBG Loan Agreement City Manager recommending approval of a forgivable loan through the Community Development Block Grant (CDBG) Economic Development Loan Program to the owners of Harvest Kitchen and Bar, a new business to be located in the Schmid Innovation Center at 955 Washington Street. RESOLUTION 211-14 Approving a Community Development Block Grant Loan Agreement for One Hundred Seventy -Five Thousand Dollars ($175,000) for Harvest Kitchen and Bar Suggested Disposition: Receive and File; Adopt Resolution(s) 18. Pre -Annexation Agreement - Richard M. and Mary Lou Bradley City Manager recommending approval of a pre -annexation agreement with Richard M. and Mary Lou Bradley, property owners, in conjunction with their request for approval of a Final Plat of Richard Bradley Third Addition in Dubuque County. RESOLUTION 212-14 Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Richard M. and Mary Lou Bradley Suggested Disposition: Receive and File; Adopt Resolution(s) 19. Jule Bus Purchase Acceptance City Manager recommending final acceptance of a bus as delivered from Hoglund Bus Co., Inc. and establishing the final contract amount RESOLUTION 213-14 Accepting the Jule bus purchase and authorizing the payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) 6 Yays Nays Jones Lynch Resnick Sutton Braig Buol Connors 20. Sisters of Char ty of the Blessed Virgin Mary Correspondence from Sister Teri Hadro, BVM, of the Sister of Charity advising the City that they anticipate resubmitting their request to rezone property at 1100 Carmel Drive in the fall of 2014. Suggested Disposition: Receive and File 21. Dubuque City Assessors Office Correspondence from Dubuque City Assessor Rick Engelken advising the City of property tax appeals filed with the Iowa Property Assessment Appeal Board for the 2014 assessment. Suggested Disposition: Receive and File 22. College Partnership Contracts Fiscal Year 15 City Manager recommending approval of the contracts for College/University Transit Partnership with Clarke University, Loras College and University of Dubuque for the 2014-2015 school year. Suggested Disposition: Receive and File; Approve 23. USDA Local Foods, Local Places Program City Manager recommending approval of a letter of intent to apply for the USDA Local Foods, Local Places technical assistance program. Suggested Disposition: Receive and File; Approve 24. Mediacom Communications Company Correspondence from Mediacom Communications Company advising the City that it will be changing the seasonal rates for some services on or about September 1, 2014. Suggested Disposition: Receive and File 7 Yays Nays Jones Lynch Resnick Sutton Braig Buol Connors 25. Iowa Department of Natural Resources - NPDES Inspection Correspondence from the Iowa Department of Natural Resources providing the City with an inspection report of the Water & Resource Recover Center and Notice of Violation. Suggested Disposition: Receive and File; Refer to City Manager 26. Signed Contracts Dittmer Recycling, Inc. Third Amendment to Agreement with Dubuque Metropolitan Area Solid Waste Agency. Suggested Disposition: Receive and File 27. Improvement Contract and Maintenance Bonds Portzen Construction, Inc., for the E. B. Lyons Expansion Project Suggested Disposition: Receive and File; Approve 28. Alcohol Compliance Civil Penalty for Alcohol License Holders — Oky Doky #1 City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Oky Doky #1, 250 W. 1st Street. Suggested Disposition: Receive and File; Approve 29. Tobacco Compliance — Civil Penalty for Tobacco License Holders — Oky Doky #1 City Manager recommending approval of the Acknowledgement/Settlement Agreement for a tobacco compliance violation for Oky Doky #1, 250 W. 1st Street. Suggested Disposition: Receive and File; Approve 8 Yays Nays Jones Lynch Resnick Sutton Braig Buol Connors 30. Alcohol Compliance Civil Penalty for Alcohol License Holders — Murph's South End Tap City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Murph's South End Tap 55 Locust Street. Suggested Disposition: Receive and File; Approve 31. Alcohol and Tobacco License Applications City Manager recommending approval of annual liquor, beer, wine and tobacco licenses as submitted. RESOLUTION 214-14 Approving applications for beer, liquor, and/or wine permits, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits RESOLUTION 215-14 Approving applications for retail cigarette/tobacco sales permits, as required by Iowa Code 453A.47A Suggested Disposition: Receive and File; Adopt Resolution(s) 9 ITEMS TO BE SET FOR PUBLIC HEARING 1. Elm Street Parking Lot Project 8/4/14 2. SRF Green AIIey Project Bid Set 2 - Year 2 8/18/14 Yays Nays Jones V/ Lynch fry- Resnick Lir- Sutton 1,- Braig 1,,. Buol L.--- Connors 1. EIm Street Parking Lot Project City Manager recommending initiation of the public bidding process for the construction of the EIm Street Parking Lot Project, and further recommends that a public hearing be set for August 4, 2014. RESOLUTION 216-16Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and ordering the advertisement for bids Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing 8/4/14 2. SRF Green AIIey Project Bid Set 2 - Year 2 City Manager recommending initiation of the public bidding process for the SRF Green AIIey Bid Set 2 — Year 2 Project, and further recommends that a public hearing be set for August 18, 2014. RESOLUTION 217-14 Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and ordering the advertisement for bids RESOLUTION 218-14 Approving the plats, Schedule of Assessments and estimate of total cost for the SRF Green AIIey Bid Set 2 - Year 2 Project RESOLUTION 219-14 Resolution of Necessity for the SRF Green AIIey Bid Set 2 - Year 2 Project RESOLUTION 220-14 Fixing date of public hearing on Resolution of Necessity Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing 8/18/14 10 BOARDS/COMMISSIONS Review of applications to the following Boards/Commissions. 1. Housing Commission One, 3 -year term through August 17, 2017 (Expiring term of Baumhover). Applicant: Rick Baumhover, 601 Garfield Ave #104 2. Human Rights Commission One, 3 -year term through January 1, 2016 (Vacant term of Helgager). Applicants: Nikkole Nutter, 2897 Asbury Rd.; — Susan Stone, 1384 Solon St. --,ere-- This commission is subject to the State of Iowa Gender Balance Law. 9 Commissioners total; currently 6 males/2 females 11 PUBLIC HEARINGS SUSPEND THE RULES Yays Yays Nays ' Jones Jones L.,1 Lynch Lynch tv Resnick Resnick Lr' Sutton Sutton Z✓ Braig Braig Buol Buol 27-)9.. Connors Connors 1. Code of Ordinances Amendment - Title 16 Unified Development Code - Payday Lenders Proof of publication on notice of public hearing to consider a request by the City of Dubuque to amend Section 16-7, of the Unified Development Code - Supplemental Use Regulations, by adding a new Section 16-7.5 Pay Day Lending Establishments and adding siting requirements and the Zoning Advisory Commission recommending approval. ORDINANCE 46-14 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by Amending Article 16-7 Supplemental Use Regulations by Adding a New Section 7-5 Titled Pay Day Lending Establishments and Establishing Regulations to Their Location in the Community Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yays Nays 14 Jones 1--- Lynch j/' Resnick y% Sutton I/''c - Braig if Buol if Connors Final Reading and Adopt Yays Nays ,/f Jones L/ Lynch z/' Resnick j/' Sutton v ;` Braig V Buol if Connors S ieem!; /4'` /4 =. • 0fd ittodgi led td( v iz , frees, 4 e %, n0mpj�-a G'l429 17-477,45%07-2;2e. ,)#ori ala 149 Gill' , fry ,,r4 -AI, //t , 4detaft-4110.t reod'.' , - a atthei 41117 m- j. vta rte, 2. Code of Ordinances Amendment Title 16 - Unified Development Code Keeping of Hens Proof of publication on notice of public hearing to consider a request by the City of Dubuque to amend the Unified Development Code to allow the keeping of Hens for Egg Production as an accessory use in residential districts and the Zoning Advisory Commission recommending approval. lig ORDINANCE 47-14 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by Amending Article 16-8-5.10 Conditional Uses by Eliminating the Keeping of Hens and Amending Articles 16-5-2.3 (R-1), 16-5-3.3 (R-2), 16-5-4.3 (R -2a), 16-5-5.3 (R-3), and 16-5-6.3 (R-4) to Allow the Keeping of Hens for Egg Production as an Accessory Use in Residential Districts Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yays Nays //� Jones 7r Lynch j_- Resnick y/ Sutton %7 Braig 2,------ Buol _" Connors Final Reading and Adopt Yays Nays li'/ Jones i --• • Lynch 1/ Resnick ye - Sutton %7 Braig j,--- i/ Connors v&PDA7,#Sny geal- Sjez atifetelead mfie, 6-4201# razi 444 aral, 1911/ °l A 7 -Ste Adinamn delligell SM2Prkr �13f Aifi/Ar - Cie,12 c7o , l s /I-, 3. Code of Ordinances Amendment - Title 16 Unified Development Code Definitions Proof of publication on notice of public hearing to consider a request by the City of Dubuque to amend Section 16-2-3 of the Unified Development Code to remove the definition of disability and to redefine the definition of family to include a reference to City Code Chapter 8-1.1 defining disability and the Zoning Advisory Commission recommending approval. ORDINANCE 48-14 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by Amending Article 16-2 -3 by Eliminating the Definition of Disability and to Modify the Definition of Family to Include a Reference to City Code Chapter 8-01.1 Defining Disability Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yays Nays v-raq, Jones Lynch z- Resnick P,-.' Sutton `— Braig Z— Buol �-/ Connors Final Reading and Adopt Yays Nays -Jones z- Lynch Resnick ✓' Sutton Iv" Braig Buol pe / Connors 14 4. Southwest Arterial Right -of -Way Property Acquisition Proof of publication on notice of public hearing to consider the City's intent to acquire, or condemn if necessary, property for the Southwest Arterial Project, and the City Manager recommending approval. Correspondence from Hugh McFadden. RESOLUTION 221-14 Establishing the fair market value of real property for the Southwest Arterial Project, directing good faith negotiations for the acquisition of property and authorizing the commencement of eminent domain proceedings, if necessary, to acquire property Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Jones g/ Lynch -' Resnick g/ Sutton Braig Buol 1,-. Connors ma' 4 t isat sod da, dew/Ws'? datatiet,o 15 719 5. Dubuque Regional Airport Property Easement Acquisition for Extension of Public Utilities Proof of publication on notice of public hearing to consider the City's intent to acquire, or condemn if necessary, property for the extension of public utilities to the Airport and the City Manager recommending approval.CCorrespondence from Hugh McFadden. RESOLUTION 222-14 Establishing the fair market value of real property for the extension of public utilities to the Dubuque Regional Airport, directing good faith negotiations for the acquisition of property and authorizing the commencement of eminent domain proceedings, if necessary, to acquire property Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays 17-7 Jones i/ Lynch y/ Resnick 2„ ,---' Sutton Braig 1,.-- Buol t` Connors Sm %4/'„ear SU/C. % '9m - ,/r/ods -G4/j Por 111)/37e- % Gr -070i /44 ar o a'y a 44 fr//»Pm*5*ift 16 6. Iowa Department of Natural Resources - Mines of Spain Lease Agreement Proof of publication on notice of public hearing to consider an amended agreement between the City of Dubuque and the Iowa Department of Natural Resources to add the E.B. Lyons Interpretive Area Addition (Bottoms Farm) to the City's lease with the Iowa Department of Natural Resources and the City Manager recommending approval. RESOLUTION 223-14 Authorizing Second Amendment of Lease Agreement with Iowa Department of Natural Resources for the E.B. Lyons Interpretive Area Addition Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays LZ Jones y/ Lynch L.. Resnick j/ Sutton i.„,--'Braig Buol 1„.•-• Connors Z / oibi- a-- 17 5 7. Chaplain Schmitt Island Master Plan Proof of publication on notice of public hearing to consider approval of the Chaplain Schmitt Island Master Plan and the City Manager recommending approval. Staff will make a presentation. RESOLUTION 224-14 Adopting the Chaplain Schmitt Island Master Plan Suggested Disposition: Receive and File; Adopt Resolution(s , Prese tafiA/) a1/47) Yays Nays j/a Jones 9t'" Lynch !.- Resnick Ls ` Sutton IV Braig 1.7o,,.- Buol j Connors REINSTATE THE RULES m la -as "Si AlieSeeel 4'177 -da,Ania- tdad/voiMeAztec 6/1 Oat/ /a-ivediicAzzal Yays Nays L— Jones t_"/ Lynch L„---- Resnick v" Sutton IV Braig 1.----' Buol 1,.--0 Connors Tm,i #w itfrAcitegir .1?-// Iwo &9/h 6974)0 -knit / if tanditi 18 Tvi/ ACTION ITEMS 1. Sustainable Dubuque Community Grant Program Recommendations City Manager recommending approval for funding of nineteen Sustainable Dubuque Community grant applications. Suggested Disposition: Receive and File; Approve Yays Nays V- Jones Lynch Resnick ck Sutton Braig t ✓ Buol 2_, Connors len 19 2. Smarter Travel Project Local Match City Manager recommending approval of local funds to match the Iowa Department of Transportation's ICAAP funds to implement the IBM Smarter Travel project. Suggested Disposition: Receive and File; Approve Yaysy Nays tVj. Jones v's Lynch t7 Resnick ;Z - Sutton a.--' Braig Buol -- Connors St 20 Je a Jule Transit Facility Roof & Sprinkler Repair Project Award City Manager recommending award of the contract for the Jule Transit Facility Roof Repair Project to the low bidder, Bel Aire Home Improvement; and award of the contract for the Jule Transit Facility Sprinkler Repair Project to the only bidder, Continental Fire & Sprinkler. RESOLUTION 225-14 Awarding public improvement contract for the Jule Transit Facility Roof & Sprinkler Repair Project (Roof) RESOLUTION 226-14 Awarding public improvement contract for the Jule Transit Facility Roof & Sprinkler Repair Project (Sprinkler) Suggested Disposition: Receive and File; Adopt Resolution(s) Yays / Nays Jones Lynch/,) esfick raig Buol Connors 21 4. Code of Ordinances Amendment - Title 10 PersonaFi*Watercraft City Manager recommending amending City Ordinance Section 10-7-13 to add motorized personal watercraft operation to the list of prohibited activities, as well as add additional areas where activities are prohibited. ORDINANCE 49-14 Amending City of Dubuque Code of Ordinances Title 10 Public Ways and Property, Chapter 7 Boats, Boating and Waterfront Structures, Section 10-7- 13 Activities by Adding Motorized Personal Watercraft Operation to the List of Prohibited Activities and Adding Additional Areas Where Activities are Prohibited Stin7 Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yays Nays y% Jones y!' Lynch jResnick Resnick j....--- Sutton L„..-/ Braig Buol ts,.1 Connors Final Reading and Adopt Yays Nays Jones Zf' Lynch jResnick A Sutton j --" Braig Buol 1.?' Connors 22 89 5. Code of Ordinances Amendment - Title 5 Transit Advisory Board City Manager recommending approval of an ordinance which repeals Chapter 1 Transit Advisory Board provisions and adopting a new Chapter 1 which establishes the Transit Advisory Board and provides for the powers, operation, membership, meetings and procedure for fare increase or reduction in service. ORDINANCE 50-14 Amending City of Dubuque Code of Ordinances Title 5 Transit System by Repealing Chapter 1 Transit Advisory Board; General Provisions and Adopting a New Chapter 1 Transit Advisory Board in Lieu Thereof Establishing the Transit Advisory Board and Providing for the Powers, Operation, Membership, Meetings, and Procedure for Fare Increase or Reduction in Service Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yays Nays V7 Jones V Lynch v- Resnick -Z Sutton y/` Braig p Buol 119 - Connors Final Reading and Adopt Yays Nays lf7 Jones Lynch L% Resnick iv-" Sutton i,-;9_ Braig Buol Connors 23 *947/7 COUNCIL MEMBER REPORTS 97* //104 an �i PUBLIC INPUT 0„3 E/7 CLOSED SESSION OV"Tp.m. Pending Litigation and Property Acquisition - Chapter 21.5(1)(c), -(j) Code of Iowa Yays Nays '� Jones J ' Lynch j,.% Resnick iv,'" Sutton i Braig i.„ ---- .„s ' Buol /,-:„.2... Connors ADJOURNMENT Yays Nays Jones Lynch Resnick c2.. Sutton i Braig Buol Connors 24 TO: Kevin S. Firnstahl, City Clerk You are hereby directed to call a Regular Session of the City Council to be held on Monday, July 21, 2014 at 6:30 PM in the Historic Federal Building for the purpose of conducting such business that may property come before the City Council. i g Consent Items: Pages 1-5 oy D. Bu Mayor