5 16 16 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 May 16, 2016 in the
Historic Federal Building, 350 W. 6th Street.
Present: Mayor B o ; Council Members Connors, Del Toro, Jones (via phone),
ti/Lynch, Renick, Rios; City Manager V@,9apr •Miliigen, Assistant City Attorney Brumwell
Abnt:
Mayor 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. Bike to Work Week (May 16-20, 2016) was accepted by
2. DuRide in Service to Older American Month (May 2016) was accepted by
j�.�fa . ,�..g g a r- 40/
3. Apples for Students Months (June/July 2016) was accepted by
1
Announce correction to #15
Yays
Nays
1"
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Lynch
Resnick
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-Connors
Del Toro
Jones
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Rios
Buol
CONSENT ITEMS
1. Minutes and Reports Submitted
City Council Proceedings of 5/2, 5/9; Civil Service Commission of 4/26; Historic
Preservation Commission of 4/21; Investment Oversight Advisory Commission of 4/27;
Library Board of Trustees Council Update 4/28; Long Range Planning Advisory
Commission of 4/20; Zoning Advisory Commission of 5/4; Zoning Board of Adjustment
of 4/28; Proof of Publication for City Council Proceedings of 4/18; Proof of Publication
for List of Claims/Summary of Revenues for Month Ending 3/31
Suggested Disposition: Receive and File
2. Notice of Claims and Suits
Rob Klauer / Dubuque Furniture & Flooring for property 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: Rob Klauer for
property damage; Devon Phillips for property loss.
Suggested Disposition: Receive and File; Concur
4. FEMA Fire Prevention and Life Safety Grant Application
City Manager recommending approval to submit an application for a FEMA Fire
Prevention and Life Safety Grant.
Suggested Disposition: Receive and File; Approve
5. Quarterly Investment Report
City Manager transmitting the March 31, 2016 Quarterly Investment Report.
Suggested Disposition: Receive and File
6. Civil Service Commission - Certified Lists
Civil Service Commission submitting the certified lists for the positions of Sewer
Maintenance Foreman, Foreman, Public Safety Dispatcher and Inspector II.
Suggested Disposition: Receive and File; Make Matter of Record
2
Yays
Nays
Lynch
Resnick
Connors
Del Toro
Jones
Rios
Buol
7. Riley Auto Sales Co. - Acceptance of Water Main Improvements
City Manager recommending acceptance of the water main public improvements that
the owner, Riley Auto Sales Co., has recently completed adjacent to the south side of
their property at 4455 Dodge Street.
RESOLUTION 181-16 Accepting water main improvements in the Dodge Street (US
Highway 20) Right -of -Way in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
8. Timber-Hyrst Sanitary Creek Crossings Project Award
City Manager recommending that the award for the Timber-Hyrst Estates #4 North and
South Line Creek Crossings Project be officially recorded in the minutes of the City
Council.
Suggested Disposition: Receive and File; Make Matter of Record
9. Rustic Point Estates - Preliminary Plat
Zoning Advisory Commission recommending approval of the Preliminary Plat of Rustic
Point Estates, 12568 Kennedy Road.
Suggested Disposition: Receive and File; Approve
10. Table Mound Mobile Home Park - Plat of Survey
Zoning Advisory Commission recommending approval of the Plat of Survey of Table
Mound Mobile Home Park on Key West Drive subject to waiving the lot frontage
requirement for Lot 2.
RESOLUTION 182-16 Approving the Plat of Survey Table Mound Mobile Home Park in
the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
3
Yays
Nays
Lynch
Resnick
Connors
Del Toro
Jones
Rios
Buol
11. Plat of Survey - Tiefenthaler 2nd Place
City Manager recommending approval of the Plat of Survey of Lots 1 and 2 of
Tiefenthaler 2nd Place, in the City of Dubuque, Iowa (North Grandview Avenue and
University Avenue).
RESOLUTION 183-16 Approving Plat of proposed vacated right of way of North
Grandview Avenue South of University Avenue, being part of Lots 1 and 2 of the
Subdivision of Lot 12 of Mineral Lot 172, in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
12. Eagle Point Park - Certified Local Government (CLG) Grant Amendment
City Manager recommending approval of an amendment to Certified Local Government
(CLG) Grant No. 2015-03 with the State Historic Preservation Office for Eagle Point
Park that removes the requirement tocomplete the second part of the project, the
National Register of Historic Places nomination, as part of the grant contract.
RESOLUTION 184-16 Authorizing amendment to CLG Grant -in -Aid -Agreement with
State Historical Society of Iowa to remove National Register of Historic Places
Nomination for Eagle Point Park
Suggested Disposition: Receive and File; Adopt Resolution(s)
13. Pre -Annexation Agreement - Kemp
City Manager recommending approval of a Pre -Annexation Agreement with James P.
Kemp and Kathy J. Kemp.
RESOLUTION 185-16 Approving a Pre -Annexation Agreement between the City of
Dubuque, Iowa and James P. Kemp and Kathy J. Kemp
Suggested Disposition: Receive and File; Adopt Resolution(s)
14. Mark Fondell Excavating, Inc. vs. City of Dubuque
City Attorney submitting a Summary Judgment dismissing the suit of Mark Fondell
Excavating, Inc. vs. City of Dubuque.
Suggested Disposition: Receive and File
Yays
Nays
Lynch
Resnick
Connors
Del Toro
Jones
Rios
Buol
15. Request for Release of Funds - Fiscal Year 2016 CDBG Annual Action Plan -
Historic Bluffs Neighborhood Association (CORRECTED)
City Manager recommending approval of the Request for Release of Funds for the
proposed projects approved in the amended Fiscal Year 2016 (Program Year 2015)
Annual Action Plan for Community Development Block Grant activities that includes an
environmental review of the Historic Bluffs Neighborhood Association's community
garden project.
RESOLUTION 186-16 Authorizing request for release of Community Development
Block Grant Funds for Fiscal Year 2016 (Program Year 2017).
Suggested Disposition: Receive and File; Adopt Resolution(s)
16. National Recreation and Park Association Great Urban Parks Campaign Grant
Application
City Manager transmitting the National Recreation and Park Association Great Urban
Parks Campaign Grant that was submitted on behalf of the City of Dubuque for
components to be developed in the Lower Bee Branch.
Suggested Disposition: Receive and File
17. Ham House Masonry Rehabilitation Project - Architectural/Engineering Services
City Manager recommending approval to enter into a contract with Selser Schaefer
Architects to conduct consultant services for the Ham House Masonry Rehabilitation
Project.
Suggested Disposition: Receive and File; Approve
18. Five Flags Theater Masonry Rehabilitation and Fire Escape -
Architectural/Engineering Services
City Manager recommending approval to enter into a contract with Selser Schaefer
Architects to conduct consultant services for the Five Flags Theater Masonry
Rehabilitation and Fire Escape Project.
Suggested Disposition: Receive and File; Approve
5
Yays
Nays
Lynch
Resnick
Connors
Del Toro
Jones
Rios
Buol
19. Public Housing Agency (PHA) Annual Plan
City Manager recommending approval to resubmit the Annual Public Housing Agency
(PHA) Plan, along with the Certification for Consistency with the Consolidated Plan.
RESOLUTION 187-16 Authorizing the Mayor to execute the Certification by State or
Local Official of PHA Plans,Consistency with the Consolidated Plan and approval of the
PHA Annual Plan
Suggested Disposition: Receive and File; Adopt Resolution(s)
20. Acceptance of Deed and Assignment of Lease for 2239 University - Fahey Family
Limited Partnership / Rainbo Oil
City Manager acceptance of the deed for the property at 2239 University Avenue from
the Fahey Family Limited Partnership and acceptance of a month-to-month lease for the
Dog House parking lot.
RESOLUTION 188-16 Accepting the Deed to certain real estate in the City of Dubuque,
Iowa and an Assignment of Lease from Fahey Family Limited Partnership
Suggested Disposition: Receive and File; Adopt Resolution(s)
21. Mystique Casino Request to Construct Outside Patio and Pergola
City Manager recommending approval of a request from Mystique Casino to spend
funds from the Dubuque Racing Association Depreciation and Improvement Fund to
construct a patio and pergola in the area between the Hilton Garden Inn and Houlihan's
Restaurant to meet required Hilton standards.
Suggested Disposition: Receive and File; Approve
22. IDOT Five -Year Agreement for Maintenance and Repair of Primary Roads in
Municipalities
City Manager recommending approval and endorsement of the Five -Year Agreement
for Maintenance and Repair of Primary Roads in Municipalities between the Iowa
Department of Transportation and the City of Dubuque.
Suggested Disposition: Receive and File; Approve
6
Yays
Nays
Lynch
Resnick
Connors
Del Toro
Jones
Rios
Buol
23. Southwest Arterial Property Acquisitions
City Manager recommending approval of resolutions accepting Grants of Easements
and Deeds to three properties acquired for the Southwest Arterial Project owned by Bob
Broughton Investments, Inc.; Arthofer Properties, LLC; Link Properties, LLC; and
Menard, Inc.
RESOLUTION 189-16 Accepting a Grant of Temporary Construction Easement for the
Southwest Arterial Project from Bob Broughton Investments, Inc., Arthofer Properties,
LLC, and Link Properties, LLC
RESOLUTION 190-16
RESOLUTION 191-16
RESOLUTION 192-16
Suggested Disposition: Receive and File; Adopt Resolution(s)
24. Signed Contracts
Colleen Lindstrom d/b/a Dubuque by Carriage Eleventh Amendment to Lease
Agreement
Suggested Disposition: Receive and File
25. Improvement Contracts / Performance, Payment and Maintenance Bonds
MDE, LLC d/b/a McDermott Excavating for the DICS Building Pad 1 Sanitary Sewer
Extension
Suggested Disposition: Receive and File; Approve
26. Alcohol Compliance Civil Penalty for Alcohol License Holder - Carlos O'KeIIy's
Mexican Cafe
City Manager recommending approval of the Acknowledgment/Settlement Agreement
for an alcohol compliance violation for Carlos O'Kelly's Mexican Cafe, 1355 Associates
Drive.
Suggested Disposition: Receive and File; Approve
7
Yays
Nays
Lynch
Resnick
Connors
Del Toro
Jones
Rios
Buol
27. Tobacco Compliance - Civil Penalty for Tobacco License Holder - The Altered
State
City Manager recommending approval of the Acknowledgement/Settlement Agreement
for a tobacco compliance violation for the Altered State, 1533 Central Avenue.
Suggested Disposition: Receive and File; Approve
28. Alcohol License Applications
City Manager recommending approval of annual beer, liquor and wine licenses as
submitted.
RESOLUTION 193-16 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
Suggested Disposition: Receive and File; Adopt Resolution(s)
8
ITEMS SET FOR PUBLIC HEARING
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Lynch
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Resnick
if"'Connors
Del Toro
Jones
Rios
Buol
1. Rite Hite/AB(MC)2 Expansion Development Agreement
City Manager recommending that a public hearing be set for June 6, 2016, on the
proposal to enter into a Development Agreement with Rite Hite/AB(MC)2 for their
expansion project at 4343 Chavenelle Road.
RESOLUTION 194-16 Fixing the date for a public hearing of the City Council of the City
of Dubuque, Iowa on the execution of a Development Agreement with Rite
Hite/AB(MC)2 and the proposed issuance of Urban Renewal Tax Increment Revenue
Obligations and providing for the publication of notice thereof
Suggested Disposition: Receive and File; Adopt Resolutions, Set Public Hearing for
6/6/16
2. Vacating Petition - North Grandview Avenue / University Avenue Right -of -Way
City Manager recommending that a public hearing be set for June 6, 2016, on the
disposition of a portion of the North Grandview Avenue right-of-way in the southwest
corner of North Grandview Avenue and University Avenue to Tom Tiefenthaler of K&T
Real Estate, LLC.
RESOLUTION 195-16 Resolution of Intent to vacate and dispose of City Interest in a
portion of the right of way of North Grandview Avenue south of University Avenue, being
part of Lots 1 and 2 of the Subdivision of Lot 12 of Mineral Lot 172, to be known as Lot
1 of Tiefenthaler 2nd Place, in the City of Dubuque, Iowa by sale to K & T Real Estate,
LLC
Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for
6/6/16
9
BOARDS/COMMISSIONS
Appointment to the following commission was made at this meeting.
1. Building Code and Advisory Appeals Board
One, 3 -year term through August 1, 2018 (Vacant term of Carr - Residential Contractor)
Applicant: Mark Gudenkauf, 1251 Deer Creek Ridge (Qualifies for Residential
Contractor)
Yays
Nays
V 1
Lynch
Resnick
Connors
Del Toro
Jones
Rios
Buol
10
PUBLIC HEARINGS
SUSPEND THE RULES
Yays
Yays
Nays
Nays
Lynch
Lynch
Resnick
Resnick
Connors
Connors
Del Toro
Del Toro
Connors
Jones
Jones
,
- Rios
Rios
47-
Buol
Buol
1. Request to Rezone - End of Wolff Road
Proof of publication on notice of public hearing to consider a request by Steve Smith to
rezone property at the end of Wolff Road (Parcel ID# 1020376004) from CSc
Commercial Service & Wholesale with conditions to LI Light Industrial District and the
Zoning Advisory Commission recommending approval with conditions.
ORDINANCE 15-16 Amending Title 16 of the City of Dubuque Code of Ordinances,
Unified Development Code, by reclassifying hereinafter described property located at
the end of Wolff Road from CSc Commercial Service and Wholesale District with
conditions to LI Light Industrial District with conditions as established in the attached
Memorandum of Agreement
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
Yays
Nays
Nays
Lynch
Lynch
Resnick
Connors
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Del Toro
Connors
Jones
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Rios
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Buol
Final Reading and Adopt
Yays
Nays
Lynch
Resnick
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Connors
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Del Toro
Jones
Rios
Buol
11
2. Request to Rezone - 800 and 804 Rhomberg Avenue
Proof of publication on notice of public hearing to consider a request by Al Urbain
Construction Management, Inc. to rezone property at 800 & 804 Rhomberg Avenue
from C-1 Neighborhood Commercial and R -2A Alternate Two -Family Residential to C-2
Neighborhood Shopping Center zoning district and the Zoning Advisory Commission
recommending approval.
ORDINANCE 16-16 Amending Title 16 of the City of Dubuque Code of Ordinances,
Unified Development Code, by reclassifying hereinafter described property located at
800 and 804 Rhomberg Avenue from R-1 Single -Family Residential and C-1
Neighborhood Commercial District to C-2 Neighborhood Shopping Center District
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
Yays
Nays
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Lynch
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Connors
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Del Toro
Connors
Jones
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Final Reading and Adopt
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Nays
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3. Request to Amend PUD - Historic Millwork District
Proof of publication on notice of public hearing to consider approval of a request by
Keith Gutierrez to amend the Historic Millwork District Planned Unit Development (PUD)
to allow microbrewery, winery and distillery as permitted uses and the Zoning Advisory
Commission recommending approval.
ORDINANCE Amending Title 16, the Unified Development Code of the City of
Dubuque Code of Ordinances by rescinding Ordinance 75-15 Which provides
regulations for a PUD Planned Unit Development District with a Planned Commercial
Designation for the Historic Millwork District PUD and now being amended to include
Microbrewery, Winery and Distillery as permitted uses
Suggsted Disposition: Receivd File; Motion B; Motion A
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Steepenceth Reati1r1gs
Yays
Nays
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Lynch
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Del Toro
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Buol
FiaI Reading and Adopt
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13
4. Carnegie -Stout Public Library Maker Space Project
Proof of publication on notice of public hearing to consider approval of plans,
specifications, form of contract and estimated cost for the Carnegie --Stout Public Library
Maker Space Project and the City Manager recommending approval.
RESOLUTION 196-16 Approval of plans, specifications, form of contract, and estimated
cost for the Carnegie -Stout Public Library's (C -SPL) Maker Space Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
Yays
Nays
Lynch
ii,/
Resnick
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Connors
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Del Toro
Jones
Jones
Rios
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Rios
Buol
REINSTATE THE RULES
Yays
Nays
Lynch
Resnick
Connors
Del Toro
Jones
Rios
Buol
14
ACTION ITEMS
1. Public Input at City Council Meetings (2nd Reading)
City Attorney submitting a proposed ordinance concerning the placement of Public Input
on the Council agenda.
ORDINANCE Amending City of Dubuque Code of Ordinances Title 1
Administration, Chapter 6 Mayor and City Council, Article A Rules and Procedure,
Sections 1-6A-11 Order of Business and Agenda and 1-6A-14 Rights of Public by
clarifying the rules relating to communications to the City Council and the Public Input
Agenda
Suggestej Disposi ion: Receive and File; Motion B; Motion A
S amspencl-the-Rdings
Yays
Nays
Lynch
`"�
Resnick
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Connors
Del Toro
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Jones
Rios
Buol
Final Reading and Adopt
Yays
Lynch ,'
Remick
Connors
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J Ia9 _^
Jones
C
Rios
Buol
15
2. Start Time for City Council Meetings (2nd Reading)
City Attorney submitting a proposed ordinance adjusting the start time for regular
meetings.
ORDINANCE Amending City of Dubuque Code of Ordinances Title 1
Administration, Chapter 6 Mayor and City Council, Article A Rules and Procedure,
Section 1-6A-3 Types of Meeting by establishing the meeting time for regular City
Council meetings of 6:00 PM
Suggested Disposif• n: Receive and File; Motion B; Motion A
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Yays
Nays
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Lynch
Resnick
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Final Reading and Adopt
Yays
Nays
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3. Rite Hite/AB(MC)2 - Iowa Economic Development Authority Application for State
Assistance
City Manager recommending approval of the submittal of an Economic Development
Assistance Application to the Iowa Economic Development Authority on behalf of Rite
Hite/AB(MC)2 for their proposed expansion in Dubuque.
RESOLUTION 197-16 Authorizing the filing of an application for State Business
Financial Assistance on behalf of Rite Hite/AB(MC)2.
Suggested Disposition: Receive and File; Adopt Resolution(s)
Yays
Nays
Lynch
Lev_.
Resnick
-'
Connors
Del Toro
Jones
r
Rios
Buol
17
4. North Grandview Avenue, Delhi Street and Grace Street Roundabout Project
Award
City Manager recommending award of the construction contract for the North
Grandview Avenue, Delhi Street and Grace Street Roundabout Project to the low bidder
Portzen Construction, Inc.
RESOLUTION 198-16 Awarding Public Improvement Contract for the North Grandview
Avenue and Delhi Street Roundabout Intersection Improvement Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
Yays ,
Nays
Lynch
Resnick
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Connors
Del Toro
Jones
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Rios
Buol
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18
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5. Dubuque Industrial Center South - Verena Court Project Award
City Manager recommending award of the construction contract for the Dubuque
Industrial Center South - Verena Court Project to the low bidder Drew Cook and Sons
Excavating.
RESOLUTION 199-16 Awarding Public Improvement Contract for the Verena Court
Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
Yays ,
Nays
if
Lynch
,
Resnick
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Connors
Del Toro
Jones
Rios
Buol
19
6. English Ridge Subdivision No. 7 - Final Plat fy,;(:2
City Manager recommending approval of the final plat of English Ridge Subdivision No.
7 and states that it is in compliance with the City of Dubuque Unified Development
Code.
RESOLUTION 200-16 Authorizing approval of the Final Plat of English Ridge
Subdivision No. 7 in the City of Dubuque, Iowa.
Suggested Disposition: Receive and File; Adopt Resolution(s)
Yays
Nays
Lynch
Resnick
Connors
Del Toro
f
Jones
Rios
Buol
20
7. Code of Ordinances Amendment - Title 7 Tobacco Products to Underage Persons
City Manager recommending approval of an amendment to the City of Dubuque Code
of Ordinances Section 7-5A-15, Tobacco Products to Underage Persons, to mirror the
Iowa Code, which includes vapor and tobacco alternatives.
ORDINANCE 1-16 Amending City of Dubuque Code of Ordinances Title 7 Police, Fire
and Public Safety, Chapter 5 Offenses, Article A General Offenses, Section 7-5A-15
Tobacco Products to underage persons to mirror the State Code
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
Yays
Nays
v7
Lynch
Resnick
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Connors
Del Toro
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Jones
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Rios
Buol
Final Reading and Adopt
Yays
Nays
Lynch
Resnick
Connors
Del Toro
Jones
P
Rios
Buol
21
8. Code of Ordinances Amendment - Title 7 Public Urination or Defecation
City Manager recommending approval of an amendment to City of Dubuque Code of
Ordinances Section 7-5A-9, Public Urination or Defecation, that removes the $50
scheduled fine for the violation and gives the City the ability to set the fine within the
simple misdemeanor range.
ORDINANCE i -16 Amending City of Dubuque Code of Ordinances Title 7 Police, Fire
and Public Safety, Chapter 5 Offenses, Article A General Offenses, Section 7-5A-9
Public Urination or Defecation to remove the scheduled fine
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
Yays
Nays
8
Lynch
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Resnick
Lynch
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Connors
Del Toro
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Jones
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Del Toro
Final Reading and Adopt
Yays
Nays
Lynch
Resnick
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Jones
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Buol
22
9. 2016 Art on the River Feature - Temporary Loan of "Continuum"
City Manager recommending approval to use the "Continuum," one of the City's first
public art acquisitions, as a featured work at this year's Art on the River exhibit.
Suggested Disposition: Receive and File; Approve
Yays
Nays
Lynch
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Resnick
Connors
Del Toro
Jones
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23
10. Greater Dubuque Development Corporation - Board Membership
Correspondence from Rick Dickinson, President & CEO for Greater Dubuque
Development Corporation, requesting confirmation of the Mayor's appointment and two
City Council representatives to the GDDC Board of Directors for the terms of Council
Members Connors and Lynch that expire June 30, 2016.
Suggested Disposition: Receive and File;
Yays .
Nays
Lynch
1,'
Resnick
Connors
Del Toro
Jones
Rios
Buol
24
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11. Request for Work Session - Bee Branch Creek Restoration Project Walking Tour
City Manager recommending that the City Council schedule the Bee Branch Creek
Restoration Project Walking Tour Work Session for Monday, May 23, 2016, at 5:30 p.m.
Suggested Disposition: Receive and File; Cpen1 i
Yays
Nays
Lynch
Resnick
Connors
Del Toro
I.-""
JJones
Rios
f Buol
25
COUNCILMEMBER REPORTS
PUBLIC INPUT
r
CLOSED SESSION p.m.
Pending Litigation and Property Acquisition - Chapter 21.5(1)(c), -(j) Code of Iowa
1:;37R
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ADJOURNMENT
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TO: Kevin S. Firnstahl, City Clerk
You are hereby directed to call a Regular Session of the City Council to be
held on Monday, May 16, 2016 at 6:30 PM in the Historic Federal Building for the
purpose of conducting such business that may properly come before the City
Council.
Consent Items: Pages 1-4
Roy D. Buol, Mayor