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7 16 12 City Council Proceedings Official_Special and RegularCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:30 p.m. on July 16, 2012 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sut- ton; City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting a closed session pursuant to Chapter 21.5(1)(c)(j)(i) of the Code of Iowa. CLOSED SESSION Motion by Jones to convene in closed session at 5:31 p.m. to discuss pending litiga- tion, property acquisition, and professional evaluation pursuant to Chapter 21.5(1)(c)(j)(i) of the Code of Iowa. Seconded by Resnick. Motion carried 7 -0. Upon motion the City Council reconvened in open session at 6:16 p.m. stating that staff had been given proper direction. There being no further business, Resnick motioned to adjourn at 6:17 p.m. Seconded by Lynch. Motion carried 7 -0. /s /Trish L. Gleason Assistant City Clerk 1 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on July 16, 2012 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sut- ton; City Manager Van Milligen, City Attorney Lindahl 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 Council. PLEDGE OF ALLEGIANCE MOMENT OF SILENCE PROCLAMATION(S) Dubuque County Fair Week (July 24 -29, 2012) was accepted by Jeff Avenarius of the Dubuque County Fair Association. Responsible Gaming Education Week (July 30- August 3, 2012) was accepted by Jo- ey Anderson of the Mystique Casino and Carrie Tedore of the Diamond Jo Casino. PRESENTATION(S) Iowa Department of Natural Resources - Certificate of Appreciation: Planning Ser- vices Manager Laura Carstens presented a Certificate of Appreciation from the IDNR in recognition of the City's application to the Governor's Iowa Environmental Excellence Award. Dubuque Water Trail - Certificate of Designation: Planning Services Manager Laura Carstens presented a Certificate of Designation from the Iowa Department of Natural Resources in recognition of the Dubuque Water Trail. 2013 Arts and Culture Grants Presentation: Mayor Buol awarded the 2012 Arts and Culture Operating Support and Special Projects Grants to representatives of the Dubu- que Museum of Art, Dubuque Symphony Orchestra, Dubuque Chorale, Dubuque Histor- ical Society, Dubuque Main Street, Bell Tower Productions, Colts Drum and Bugle Corps, Grand Opera House, and the Dubuque Arts Center. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Resnick. Motion carried 7 -0. 2 Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 5/22, City Conference Board of 3/5 and 6/21, City Council proceedings of 6/27 and 7/2, Civil Service Commission of 7/3, Community Development Advisory Commission of 6/20, Historic Preservation Commission of 6/21, Library Board of Trustees of 5/24 and 6/14, Library Board of Trustees Update of 6/28, Safe Community Advisory Committee of 5/9, Zoning Board of Adjustment of 6/28, Proof of publication for City Council proceed- ings of 6/18. Upon motion the documents were received and filed. Notice of Claims and Suits: Suit by Allied Property and Casualty on behalf of Gregory and Miriam Kenning for vehicle damage, Joel Petsch for property damage. Upon motion the documents were received, filed and referred to the City Attorney. Disposition of Claims: City Attorney advising that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As- surance Pool: Joe Petsch for property damage. Upon motion the documents were re- ceived, filed and concurred. 2012 Governor's Individual Volunteer Award: City Attorney transmitting correspond- ence from Governor Branstad and Lt. Governor Reynolds informing the City that Assis- tant City Attorney Crenna Brumwell -Sahm has received the 2012 Individual Governor's Volunteer Award by Big Brothers Big Sisters of Eastern Iowa for outstanding commit- ment and service. Upon motion the document was received and filed. Iowa Department of Public Health: City Manager transmitting correspondence from the Association of State and Territorial Dental Directors informing the City that it has re- ceived the 2011 Community Fluoridation Reaffirmation Award on behalf of the American Dental Association and the Centers for Disease Control. Upon motion the document was received and filed. Iowa League of Cities: City Manager transmitting correspondence from Iowa League of Cities Executive Director Alan Kemp informing the City that Dubuque City Assessor Rick Engelken has been appointed as a representative to the League's Property As- sessment Appeal Board of Review Committee. Upon motion the document was re- ceived and filed. Civil Service Commission: Civil Service Commission submitting the certified lists of candidates for the positions of Police Officer and Water & Resource Recovery Center Plant Operator. Upon motion the documents were received, filed and made a Matter of Record. July 3, 2012 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Police Officer was administered on April 14, 2012. We hereby certify that the individ- 3 uals listed below have passed this written examination and the vacancy for this position should be made from this list and that this list is good until April 30, 2013. Police Officer Mark Bingamon Joshua Fortney Alexis Ramirez Thomas Ammon Paul Heitman Kane Hoffman Keith Rowatt Michael Herrig Cale Loewen. Courtney Beckman Alexander Rink Timothy Grove William Juergens Clinton Faust Jerzy Wolyniec Justin King Nicara Eyman Brent Miller Troy West Ryan Corcoran Justin Schaefer Michael Parker Rhonda Boesenberg Nathan Goedken Mark Butcher Jonathan O'Sullivan Rebecca Shady Tyler Mihalakis Paul Scully David Lowe Robert Patton Megan Mussomeli Billy Dieujuste Kyle McGivney Richard Hatcher Matthew Broders Jeremy Vondal Matthew Grube Jwan Brookins Joshua Warren Respectfully Submitted, Daniel White, Chairperson Betty Takes Civil Service Commission July 3, 2012 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Water Resource Recovery Center Plant Operator was administered on May 29, 2012. We hereby certify that the individuals listed below have passed this written examination and the vacancy for this position should be made from this list and that this list is good for two (2) years from above date. Water & Resource Recovery Center Plant Operator Steven Gerardy Steven Horch Shayne Henry Justin Licht Kyle Christina Brian Cluff Larry Hoppman Greg Schuckert 4 Jay Valentine Dave Hanson Rich Glover Patrick Walsh Timothy Goranson Robert Liddle Tom Splinter Jeffrey Birch Rodney Weires Nicholas Hodson Andrew Pettigout Edward Hansen Gerald Miller Shannon Clark Scott Nauman John Greenwood Michael Halbur Brian Cue Joe Frederick Respectfully Submitted, Daniel White, Chairperson Betty Takes Civil Service Commission Central Avenue HMA Resurfacing - Project Acceptance: City Manager recommend- ing acceptance of the construction contract for the Central Avenue HMA Resurfacing Project, from 21st to 32nd Street, as completed by River City Paving, a Division of Mathy Construction Company. Upon motion the documents were received and filed and Reso- lution No. 185 -12 Accepting the Central Avenue HMA Resurfacing Project, from 21st to 32nd Street, Iowa DOT Project No. STPN- 052 - 2(106)- -2j -31 and authorizing the pay- ment of the contract amount to the contractor was adopted. RESOLUTION NO. 185 -12 ACCEPTING THE CENTRAL AVENUE HMA RESURFACING PROJECT, FROM 21sT TO 32ND STREET, IOWA DOT PROJECT NO. STPN- 052 - 2(106) -2J -31 AND AU- THORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Central Avenue HMA Resurfacing Project, from 21st to 32nd Street, Iowa DOT Project No. STPN- 052 - 2(106) -2J -31 (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 Central Avenue Pavement Rehabilitation (CIP 3002248), General Storm Sewer (CIP 7101289), General Sanitary Sewer (CIP 7201066) appropriation for the contract amount of $1,202,047.31 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. Passed, approved and adopted this 16th day of July, 2012. Attest: Kevin S. Firnstahl, City Clerk 5 Roy D. Buol, Mayor Human Rights Commission: Commissioner Mitzi Krey submitting her resignation from the Human Rights Commission due to familial obligations. Upon motion the document was received, filed and the resignation accepted. Federal Emergency Management Agency (FEMA): Correspondence from the Federal Emergency Management Agency (FEMA) regarding the City's non - technical comments and requested changes to the Preliminary Flood Insurance Rate Map (FIRM) and Pre- liminary Flood Insurance Study (FIS) of May 4, 2012. Upon motion the documents were received and filed. Final Plat - Sky Blue Estates: City Manager recommending approval of the final plat of Sky Blue Estates, subject to waiving the street paving width and right -of -way width for Golden Eagle Drive, Cobalt Court and Zephyr Drive. Upon motion the documents were received and filed and Resolution No. 186 -12 Authorizing approval of the Final Plat of Sky Blue Estates in the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 186 -12 AUTHORIZING APPROVAL OF THE FINAL PLAT OF SKY BLUE ESTATES IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a Final Plat of Sky Blue Estates in the City of Dubuque, Iowa; and Whereas, upon said final plat appear streets to be known as Golden Eagle Drive (Lot B), Cobalt Court (Lot C), Zephyr Drive (Lot D) and Sky Blue Drive (Lot E) together with certain public utility, storm sewer and water main easements, which the owner by said final plat has dedicated to the public forever; and Whereas, the preliminary plat has been examined by the Zoning Advisory Commis- sion and its approval has been endorsed thereon; and Whereas, said final plat has been reviewed by the City Planner and her approval has been endorsed thereon, subject to the owner's agreeing to the conditions specified herein; and Whereas, said final plat has been examined by the City Council and the City Council find the final plat conforms to the applicable statutes and ordinances, except that streets and public utilities have not yet been completely constructed or installed. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Golden Eagle Drive (Lot B), Cobalt Court (Lot C), Zephyr Drive (Lot D) and Sky Blue Drive (Lot E) and the easements for public utilities, storm sewer and water mains, as they appear on said final plat, be and the same are hereby accepted; and Section 2. That the Final Plat of Sky Blue Estates is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat, provided the owners of said property herein named, execute their written acceptance of the attached conditions and further agree: (a) To reduce Golden Eagle Drive (Lot B), Cobalt Court (Lot C), Zephyr Drive (Lot D) and Sky Blue Drive (Lot E) to grade and to construct longitudinal sub - drain, concrete curb and gutter with asphaltic concrete pavement or with Portland Cement concrete 6 pavement with integral curb, all in accordance with the City of Dubuque standard specifications in a manner acceptable to the City Engineer, in conformance with con- struction improvement plans approved by the City Engineer, and inspected and ap- proved by the City Engineer. (b) To install sanitary sewer mains and sewer service laterals into each individual lot, water mains and water service laterals into each individual lot, storm sewers and catch basins, boulevard street lighting, fiber optic conduit, and erosion control devic- es all in accordance with the City of Dubuque standard specifications in a manner acceptable to the City Engineer, and in accordance with construction improvement plans approved by the City Engineer, and inspected and approved by the City Engi- neer. (c) To construct accessible sidewalk ramps at each intersection in accordance with City of Dubuque Standards and Specifications. (d) To construct the improvements outlined in (a) and (b) above within two years from the date of acceptance of this resolution, at the sole expense of the owners, or future owner. (e) To maintain the improvements outlined in (a) and (b) above for a period of two (2) years from the date of the acceptance of those improvements by the City Council of the City of Dubuque, Iowa, at the sole final expense of the owners, or future owner; (f) To provide security for the performance of the foregoing conditions specified in this Section in such form and with such sureties as may be acceptable to the City Man- ager of the City of Dubuque, Iowa. Section 3. That sidewalk installation shall be the responsibility of each lot owner for each lot abutting the public rights -of -way, including lots with multiple frontages, as re- quired by City Code Chapter 10 -1 -2 (Sidewalk Installation and Repair). Section 4. That the owner must construct and maintain erosion control devices in Sky Blue Estates which control erosion and prevent sediment from leaving the site.The owner shall also be responsible for maintenance of the detention facility located on Lot G of Eagle Valley Subdivision until 80% of the lots shown on the preliminary plat of in Sky Blue Estates, which drain into said detention facility, have been fully developed and adequate erosion control measures, as approved by the City Engineer, have been in- stalled on the remaining 20% of said lots. Until the above 80% of lots are developed, maintenance of the detention facilities in Lot G Eagle Valley Subdivision shall include the removal of sediment and other debris caused by construction activities in Sky Blue Estates and reshaping and reseeding of the disturbed areas. After said 80% lots are developed, inspection, administration, and maintenance expenses incurred by the City of Dubuque for the storm water detention facility on Lot G of Eagle Valley Subdivision shall be assessed against the property owners, except the City of Dubuque, in Eagle Valley Subdivision and Sky Blue Estates as indicated on the preliminary plats thereof, in equal amounts. The City Manager shall certify such costs to the City Clerk, who in turn shall promptly certify such costs to the Dubuque County Treasurer, and such costs shall then be collected with and in the same manner as general property taxes in accordance with provisions of law. Section 5. That the planting of street trees shall be coordinated with the City Forester. Any trees planted within the street right -of -way must be chosen and planted by the City of Dubuque Leisure Services Department at the developer's expense. 7 Section 6. That the final acceptance of the public improvements shall only occur upon certification of the City Engineer to the City Council that the public improvements have been completed in accordance with the approved improvement plans and City stand- ards and specifications and accepted by City Council Resolution. Section 7. That in the event EKM, LLC fails to execute the acceptance and furnish the guarantees provided hereof within 180 days after the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and ap- proval the plat shall not be effective. Passed, approved and adopted this 16th day of July, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk North End Neighborhood Trail Lighting - Project Award: City Manager recommending award of the contract for the North End Neighborhood Trail Lighting Project to the low bidder, A & G Electric. Upon motion the documents were received and filed and Resolu- tion No. 187 -12 Award of contract (North End Neighborhood Trail Lighting Project) was adopted. RESOLUTION NO. 187 -12 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the North End Neighborhood Trail Lighting Project pursuant to Resolution No. 184 -12, and notice to bidders published in a newspaper published in the City of Dubuque, Iowa, on the 22nd day of June, 2012. Whereas, said sealed proposals were opened and read on the 5th day of July, 2012, and it has been determined that the bid of A & G Electric in the amount of $63,145.93 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above improvement be awarded to A & G Electric, and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubu- que for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 16th day of July, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Citizen Correspondence: Correspondence from Barbara Nyheim regarding her con- cerns about working conditions at Sutton and Flora Pool concession stands. Upon mo- tion the document was received, filed and refer to the City Manager. 8 Mediacom All- Digital Conversion: Correspondence from Lee Grassley, Senior Man- ager of Government Relations for Mediacom Communications Company, informing the City of the two -phase conversion of channels in the Family Tier from analog to an all - digital signal during the month of August. Upon motion the document was received and filed. Eagle Valley Subdivision - Acceptance of Stormwater Detention Facilities: City Man- ager recommending acceptance of the storm water detention facilities and Lot G of Ea- gle Valley Subdivision. Upon motion the documents were received and filed and Reso- lution No.188 -12 Accepting stormwater detention facilities and Lot G in Eagle Valley Subdivision in the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 188 -12 ACCEPTING STORMWATER DETENTION FACILITIES AND LOT G IN EAGLE VAL- LEY SUBDIVISION IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to 434 -05, 479 -04, and 293 -03, certain public improvements in- cluding stormwater detention facilities were installed by the developer of Eagle Valley Subdivision in the City of Dubuque, Iowa; and Whereas, the stormwater detention facilities have been completed and the City Man- ger has examined the work and has filed a certificate stating that the same has been completed in accordance with the plans approved by the City Council and in conform- ance with City specifications, and has recommended that the improvements be accept- ed by the City Council; and Whereas, Lot G of the Final Plat of Eagle Valley Subdivision was dedicated to the public for the construction of storm water detention facilities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said stormwater detention facilities, in Eagle Valley Subdivision in the City of Dubuque, Iowa, be and the same is hereby accepted. Section 2. That the dedication of Lot G of the Final Plat of Eagle Valley Subdivision is hereby accepted. Section 3. That maintenance of said improvements shall be the responsibility of the City and assessable to the property owners as outlined in Resolution Nos. 434 -05, 479- 04, 293 -03. Passed, approved and adopted this 16th day of July, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Harlan Street Sanitary Sewer Reconstruction - Project Acceptance: City Manager recommending acceptance of the construction contract for the Harlan Street Sanitary Sewer Reconstruction Project, as completed by Drew Cook & Sons. Upon motion the documents were received and filed and Resolution No. 189 -12 Accepting the Harlan Street Sanitary Sewer Reconstruction Project and authorizing the payment of the con- tract amount to the contractor was adopted. 9 RESOLUTION NO. 189 -12 ACCEPTING THE HARLAN STREET SANITARY SEWER RECONSTRUCTION PRO- JECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Harlan Street Sanitary Sewer Re- construction Project (the Project) has been completed and the City Engineer has exam- ined the work and filed a certificate stating that the Project has been completed accord- ing to the terms of the Public Improvement Contract and that the City Engineer recom- mends that the Project be accepted. 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 General Sanitary Sewer Repairs appropriation for the contract amount of $19,918.50 less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such retainage in accordance with the provisions of Iowa Code chapter 573. Passed, approved and adopted this 16th day of July, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Permeable Paver Street in North Fork Trails - Project Acceptance: City Manager rec- ommending approval of a resolution amending, with conditions, Resolution 1 -10 accept- ing the maintenance responsibility for the permeable pavement street improvements in North Fork Trails - Lots 10 -18 and Lots A and B by waiving the requirement of the de- veloper to maintain the streets until 80 percent of the lots are developed. Upon motion the documents were received and filed and Resolution No. 190 -12 Amending Resolu- tion No. 1 -10 which established conditions of acceptance of public improvements In North Fork Trails - Lots 10 through 18 and Lots A and B was adopted. RESOLUTION NO. 190 -12 AMENDING RESOLUTION NO. 1 -10 WHICH ESTABLISHED CONDITIONS OF AC- CEPTANCE OF PUBLIC IMPROVEMENTS IN NORTH FORK TRAILS — LOTS 10 THROUGH 18 AND LOTS A AND B Whereas, pursuant to Resolution 135 -09, certain public improvements including street paving with curb and gutter, sanitary sewer, watermain, storm sewer, catch ba- sins, stormwater detention, and street lighting were installed by the developer of North Fork Trails — Lots 10 through 18 and Lots A and B; and Whereas, said improvements were accepted by the City Council on January 4, 2010 by Resolution No. 1 -10; and Whereas, Section 3 of said Resolution stated: Street maintenance, except for snow removal and deicing, shall be the responsibility of the owner, 4 -ALL, LLC until 80% (7 lots) of the lots are improved. Maintenance by the owner will consist of routine inspections, sweeping and /or vacuuming any sediment from the void area or subgrade, adding material to the void area as necessary. The 10 street maintenance shall also include the removal and replacement of pavers, as nec- essary, to maintain the design gradient and design cross section of the street; and Whereas, modifications to the requirements for maintenance of the permeable streets have been requested by the developer, 4 -ALL, LLC; and Whereas the City Engineer has examined, observed and inspected said street con- struction and has found no deformation or deterioration in the permeable street con- struction; and Whereas the developer and all owners of lots in the subdivision have agreed to the conditions stated herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the requirements of Section 3 of Resolution No.1 -10 adopted January 4, 2010, are hereby waived subject to the owners of the lots therein and developer agreeing to the following conditions: That suitable methods shall be used to prevent erosion and the deposit of soil onto the existing permeable paver road in North Fork Trails. It is the lot owner's responsibility to install and maintain the necessary controls to prevent soil from the property that is under his control from getting onto the permeable paver road. The lot owner will be responsible for the removal and associated costs of any soil from the permeable paver road or any other public way that is a result of con- struction that they contracted for or are in control of on their lot. Section 2. That upon the City's acceptance of the public permeable pavement street improvements, maintenance expenses, consisting of sweeping and /or vacuuming any dirt, mud, sediment or other debris from the surface, void area or subgrade, and adding material to the void area as necessary, incurred by the City of Dubuque for the permea- ble streets due to the lack of compliance by the lot owner(s) with Section 1.1) above, shall be assessed against the non - compliant lot(s) in all phases of North Fork Trails. The City Manager shall certify such costs to the City Clerk, who in turn shall promptly certify such costs to the Dubuque County Treasurer, and such costs shall then be col- lected with and in the same manner as general property taxes in accordance with provi- sions of law. Passed, approved and adopted this 16th day of July, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Addition of Bus Operator and Dispatch Positions: City Manager recommending ap- proval to hire six additional PTE Bus Operator positions and one PTE Dispatch position to accommodate the two new bus routes and the reduction in hours from several current staff voluntarily reducing their hours. Upon motion the documents were received, filed, and approved. Thirty -Inch Forcemain from 12th Street to 7th Street - Design Consultant: City Manag- er recommending the selection of IIW, PC. for consultant services to design the entire force main relocation from 7th Street to 12th Street. Upon motion the documents were received, filed, and approved. 11 Dubuque County Community Assistant Team (CPAT) Project Update: City Manager transmitting an update on Dubuque County's Community Planning Assistance Team (CPAT) Project. Upon motion the documents were received and filed. Flood Damaged Properties - Demolition Bid Specifications: City Manager recom- mending approval of the bid specifications and demolition agreement to allow for the demolition of flood damages properties at 1580 Old Mill Road, 1658 Manson Road, and 1654 Manson Road. Upon motion the documents were received, filed, and approved. Cities of Service Grant - Letter of Intent: City Manager transmitting a Letter of Intent to apply for the Cities of Service Grant to implement the High Impact Service Plan. Up- on motion the documents were received, filed, and approved. Wireless Bicycle and Pedestrian Counters for Bike /Hike Trails - STP Grant Applica- tion: City Manager transmitting a Letter of Support to Brian Preston, Director of the Dubuque County Conservation Board, in support of the STP grant application to the Regional Planning Authority (RPA) to purchase seven wireless bicycle /pedestrian coun- ters for bike /hike trails. Upon motion the documents were received, filed, and approved. City Manager Employment Agreement - 21st Amendment: Submittal of the 21st Amendment to the City Manager's Employment Agreement for approval. Upon motion the document was received, filed, and approved. Improvement Contracts / Performance, Payment and Maintenance Bonds: Contract with Selco, Inc. for the 2012 Pavement Marking Project, contract with Klauer Construc- tion Company for the Carnegie -Stout Public Library Painting 2012 Project. Upon motion the documents were received and filed. Signed Contracts: Consulting Agreement with Green Dubuque, Lease Agreement with Dubuque County Juvenile Services, Lease Agreement with Dubuque County Medi- cal Examiner. Upon motion the documents were received and filed. Alcohol License Applications: City Manager recommending approval of annual liquor, beer, and wine licenses applications as submitted. Upon motion the documents were received and filed and Resolution No. 191 -12 Approving applications for beer, liquor, and /or wine permits, as required by City of Dubuque Code of Ordinances Title 4 Busi- ness and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 191 -12 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 LIQ- UOR, BEER AND WINE LICENSES AND PERMITS Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted and filed with the City Council for approval and the same have been examined and ap- 12 proved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and the applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Clerk is hereby authorized and directed to cause to be issued the following named applicants and permit types. Applebee's Grill and Bar 1395 Associates Dr. CASEY'S General Store #2420 2699 Rockdale CASEY'S General Store #2421 4003 Pero Rd. Knicker's Saloon Road Ranger #159 Sid's Beverage Store, Inc. Vinny Vanucchis Little Italy Walnut Tap Tavern Adobo's Mexican Grill New Hammer Time Fresh Take, LLC Keywest Conoco Kwik Stop C- Stores Eagles Club Irish Hooley 2186 Central Ave 2175 Central Ave 2727 Dodge St 164 Main St 709 University 756 Main St 123 Main St 345 Main St. 2150 Twin Valley Dr. 2335 University Ave 1175 Century Dr. Alliant Amphitheater National Mississippi River Mu- 350 E Third St. seum & Aquarium Rotary Club of Dubuque 135 W. 8th St. Special Class C Liquor (Beer/Wine) Passed, approved and adopted this 16th day of July, 2012. Class C Liquor (Sunday) Class E Liquor, Class B Native Wine, Class B Beer (Sunday) Class E Liquor, Class B Native Wine, Class B Beer (Sunday) Class C Liquor (Outdoor) (Sunday) Class C Beer, Class B Wine (Sunday) Class E Liquor, Class B Wine, Class C Beer (Sunday) Class C Liquor, Class B Wine (Car- ryout Wine) (Sunday) Class C Liquor (Sunday) Class C Liquor (Sunday) Class C Liquor (Outdoor) (Sunday) Class C Beer, Class B Native Wine Class E Liquor, Class B Native Wine, Class C Beer (Sunday) Class E Liquor, Class B Native Wine, Class C Beer (Sunday) Class C Liquor (Outdoor) Special Class C Liquor (Beer/Wine)(Outdoor) Class C Liquor Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk ITEMS TO BE SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the resolutions, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Resnick. Motion carried 7 -0. 13 Five Points Signal Reconstruction: City Manager recommending authorization of the public bidding procedure for the 5 Points Traffic Signal Reconstruction Project - Rebid, and that a public hearing be set for August 6, 2012. Upon motion the documents were received and filed and Resolution No. 192 -12 Preliminary approval of plans, specifica- tions, form of contract, and estimated cost; setting date of public hearing on plans, spec- ifications, form of contract, and estimated cost; and ordering the advertisement for bids (5 Points Signal Reconstruction Project) was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on August 6, 2012 in the Historic Federal Building. RESOLUTION NO. 192 -12 5 POINTS TRAFFIC SIGNAL RECONSTRUCTION PROJECT — REBID PRELIMI- NARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ES- TIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICA- TIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the 5 Points Traffic Signal Reconstruction Project - Rebid, in the estimated amount $146,752.30, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. A public hearing will be held on the 6th day of August, 2012, at 6:30 p.m. in the His- toric Federal Building Council Chambers at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. The 5 Points Traffic Signal Reconstruction Project - Rebid is hereby ordered to be advertised for bids for construction. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. The City Clerk is hereby directed to advertise for bids for the construction of the im- provements herein provided, by publishing the attached Notice to Bidders to be pub- lished in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four but not more than forty -five days before the date for filing bids before 2:00 p.m. on the 9th day of August, 2012. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final action at 6:30 p.m. on the 20th day of August, 2012, in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. Passed, adopted and approved this 16th day of July, 2012. Attest: Kevin S. Firnstahl, City Clerk 14 Roy D. Buol, Mayor Request for Bids - ARC Transfer Center Phase I Project: City Manager recommend- ing approval of the release of the Request for Bids (RFB) for the construction of the ARC Transfer Center Phase I Project and further recommends that a public hearing be set for August 6, 2012. Upon motion the documents were received and filed and Reso- lution No. 193 -12 ARC Transfer Center Phase I Canopy — 2012 Project preliminary ap- proval of plans, specifications, form of contract, and estimated cost; setting date of pub- lic hearing on plans, specifications, form of contract, and estimated cost; and ordering the advertisement for bids was adopted setting a public hearing for a meeting to com- mence at 6:30 p.m. on August 6, 2012 in the Historic Federal Building. RESOLUTION NO. 193 -12 ARC TRANSFER CENTER PHASE I CANOPY — 2012 PROJECT PRELIMARY AP- PROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATOINS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVER- TISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNICL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the ARC Transfer Center Phase I Canopy - 2012 Project, in the estimated amount of $240,000 are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. A public hearing will be held on the 6th day of August, 2012, at 6:30 p.m. in the His- toric Federal Building Council Chambers, 350 W. 6th Street, Dubuque, at which time in- terested persons may appear and be heard for or against the proposed plans and speci- fications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four (4) days nor more the twenty (20) days prior to the date of such hearing. At the hearing, any interested person may ap- pear and file objections to the proposed plans, specifications, form of contract, or esti- mated cost of the Project. The ARC Transfer Center Phase I Canopy - 2012 Project is hereby ordered to be ad- vertised for bids for construction. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice of Bidders hereby approved. The City Clerk is hereby directed to advertise for bids for the construction of the im- provements herein provided, by publishing the attached Notice to Bidders to be pub- lished in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four (4) but not more than forty -five (45) days be- fore the date for filing bids before 2:00 p.m. on the 28th day of August, 2012. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final action at 6:30 p.m. on the 3rd day of September, 2012, in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. Passed, adopted and approved this 16th day of July, 2012. 15 Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk BOARDS /COMMISSIONS Building Code Boards of Appeals: Two 3 -year terms through August 1, 2015 (Expir- ing at -large term of Luchsinger and ADA term of Cruise). Applicants: Marla Cruise, 905 Rockdale Road (ADA Representative); Richard Luchsinger, 2875 Brueck Road (At- Large). Motion by Braig to reappoint Marla Cruise and Richard Luchsinger to 3 -year terms. Seconded by Jones. Motion carried 7 -0. Catfish Creek Watershed Management Authority: Two representatives appointed by the City Council. (The initial length of the 4 -year terms will be determined at the July 27 meeting of the CCWMA.) Applicants: Theothoros (Raki) Giannakouros, 1640 Lawndale Street; Adam Hoffman, 1365 S. Grandview Avenue; Will Hoyer, 1311 Tomahawk Drive; and Charles Winterwood, 1555 Montrose Terrace. Raki Giannakouros and Will Hoyer were appointed to 4 -year terms upon roll -call vote of Buol, Connors, Jones, Lynch, and Sutton for Giannakouros; Braig, Buol, Connors, Lynch, Resnick, and Sutton for Hoyer; Jones for Winterwood; and Braig and Resnick for Hoffman. Zoning Board of Adjustment: One 5 -year term through March 25, 2017 (Expiring term of Gibbs). Applicant: William J. Gibbs, 440 S. Grandview Avenue. Motion by Jones to reappoint William Gibbs to a 5 -year term. Seconded by Braig. Motion carried 7 -0. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone to address the City Council. Theisen Supply, Inc. Expansion: Proof of publication on notice of public hearing to consider the disposition of approximately 5.7 acres in the Dubuque Industrial Center West to Leo Theisen for the purpose of constructing an 80,000 square foot warehouse expansion and the City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 194 -12 Disposing of City interest in real property by the sale of 5.7 acres in the Dubuque Industrial Center West to Leo A. Theisen and Theisen Supply, Inc. Seconded by Braig. Motion carried 7 -0. RESOLUTION NO. 194 -12 DISPOSING OF CITY INTEREST IN REAL PROPERTY BY THE SALE OF 5.7 ACRES IN THE DUBUQUE INDUSTRIAL CENTER WEST TO LEO A. THEISEN AND THEISEN SUPPLY, INC. Whereas, the City Council, by Resolution No. 176 -12, dated July 2, 2012 declared its intent to enter into a Development Agreement with Leo A. Theisen and Theisen Supply, Inc. for the sale of 5.7 acres in the Dubuque Industrial Center West legally described as: Lot 2 of 2 Dubuque Industrial Center West 5th Addition in the City of Dubuque, Iowa (the Property); and Whereas, pursuant to published notice, a public hearing was held on the proposed disposition on July 16, 2012 at 6:30 p.m. in the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa; and 16 Whereas, it is the determination of the City Council that approval of the Development Agreement for the sale to and development of the Property by Leo A. Theisen according to the terms and conditions set out in the Development Agreement is in the public inter- est of the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Development Agreement by and between the City of Dubuque, Leo A. Theisen and Theisen Supply, Inc. for the sale of the Property is hereby ap- proved. Section 2. That the Mayor is hereby authorized and directed to execute the Devel- opment Agreement on behalf of the City and the City Clerk is authorized and directed to attest to his signature. Section 3. That the Mayor and City Clerk are hereby authorized and directed to exe- cute and deliver a Special Warranty Deed for the Property as provided in the Develop- ment Agreement. Section 4. That the City Manager is authorized to take such actions as are necessary to comply with the terms of the Development Agreement as herein approved. Passed, approved and adopted this 16th day of July, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Rezoning Request - 1172 Main Street: Proof of publication on notice of public hear- ing to consider a request by Carol Lammers /John & Rosalie Loes Trust to rezone prop- erty at 1172 Main Street from C -4 Downtown Commercial District to OC Office Com- mercial District to allow residential on the first floor and the Zoning Advisory Commis- sion recommending approval. 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 Jones. Planning Services Manager Laura Carstens provided a staff report. Motion carried 7 -0. Motion by Connors for final consideration and passage of Ordinance No. 42 -12 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 1172 Main Street from C -4 Downtown Commercial District to OC Office Commercial District. Seconded by Braig. Motion carried 7 -0. OFFICIAL PUBLICATION ORDINANCE NO. 42 -12 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 1172 MAIN STREET FROM C-4 DOWNTOWN COMMER- CIAL DISTRICT TO OC OFFICE COMMERCIAL DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Devel- opment Code, is hereby amended by reclassifying the hereinafter described property 17 from C -4 Downtown Commercial District to OC Office Commercial District, to wit: South 23 1/2' North 1/2 NM 1/5 City Lot 466, and to the centerline of the adjoining public right -of -way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect upon publications, as provided by law. Passed, approved and adopted this 16th day of July, 2012. /s /Roy D. Buol, Mayor Attest: /s /Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 20th day of July, 2012. /s /Kevin S. Firnstahl, City Clerk Rezoning Request - Lot 3 Knepper Addition (1834 Creekwood Drive): Proof of publi- cation on notice of public hearing to consider a request by Davin Curtiss / C3 Invest- ments to rezone property south of Creek Wood Drive (Lot 3 of Final Plat of Knepper Addition) concurrent with annexation, from County Agricultural to City R -1 Single Family Residential District and the Zoning Advisory Commission recommending approval. Mo- tion by Connors to receive and file the documents and that the requirement that a pro- posed 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 Jones. Planning Services Manager Laura Carstens provided a staff report. Attorney Greg Rhemke, 700 Locust St., spoke in support of the proposed ordinance on behalf of the developer. Mo- tion carried 7 -0. Motion by Connors for final consideration and passage of Ordinance No. 43 -12 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property, in conjunction with annexation, located at 1834 Creekwood Drive From County C -1 and R -2 to City R -1 Single - Family Residential District. Seconded by Braig. Motion carried 7 -0. OFFICIAL PUBLICATION ORDINANCE NO. 43 -12 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY, IN CONJUNCTION WITH ANNEXATION, LOCATED AT 1834 CREEKWOOD DRIVE FROM COUNTY C -1 AND R -2 TO CITY R -1 SINGLE - FAMILY RESIDENTIAL DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Devel- opment Code, is hereby amended by reclassifying the hereinafter - described property, in conjunction with annexation, from County C -1 and R -2 to City R -1 Single - Family Resi- dential District, to wit: Lot 3 Knepper Addition, in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided 18 by law. Passed, approved and adopted this 16th day of July, 2012. /s /Roy D. Buol, Mayor Attest: /s /Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 20th day of July, 2012. /s /Kevin S. Firnstahl, City Clerk Sewer Revenue Capital Loan Notes (SRF Sponsored Project): Proof of Publication on notice of public hearing to consider the issuance of, and additional action on, not to exceed $9,400,000 Sewer Revenue Capital Loan Notes (State Revolving Fund Spon- sored Project) and the City Manager recommending approval. Motion by Braig to re- ceive and file the documents and adopt Resolution No. 195 -12 Instituting proceedings to take additional action for the authorization of a loan and disbursement agreement and the issuance of not to exceed $9,400,000 Sewer Revenue Capital Loan Notes. Second- ed by Jones. Motion carried 7 -0. RESOLUTION NO. 195 -12 INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHOR- IZATION OF A LOAN AND DISBURSEMENT AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $9,400,000 SEWER REVENUE CAPITAL LOAN NOTES Whereas, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the authoriza- tion of a Loan and Disbursement Agreement by and between the City and the Iowa Fi- nance Authority, and the issuance to the Iowa Finance Authority of not to exceed $9,400,000 Sewer Revenue Capital Loan Notes to evidence the obligations of the City under said Loan and Disbursement Agreement, for the purpose of paying costs of ac- quisition, construction, reconstruction, extending, remodeling, improving, repairing and equipping all or part of the Municipal Sewer System, including those costs associated with the Bee Branch Watershed Green Infrastructure Project, including the construction and installation of permeable interlocking concrete pavement at approximately 42 alley and parking lot locations in the Bee Branch Watershed, and has considered the extent of objections received from residents or property owners as to said proposal and, ac- cordingly the following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council does hereby institute proceedings and takes additional action for the authorization of a Loan and Disbursement Agreement by and between the City and the Iowa Finance Authority, and the issuance to the Iowa Finance Authority in the manner required by law of not to exceed $9,400,000 Sewer Revenue Capital Loan Notes for the foregoing purpose. Section 2. That this Council does hereby consent to the terms and conditions of the SRF Loan Program, which terms and conditions and the disclosures provided with re- spect thereto are hereby acknowledged, accepted and approved. Section 3. That the Clerk, with the assistance of the City Attorney and bond counsel, is hereby authorized and directed to proceed with the preparation of such documents 19 and proceedings as shall be necessary to authorize the City's participation in the SRF Loan Program, to select a suitable date for final Council authorization of the required Loan and Disbursement Agreement and issuance of the Note to evidence the City's ob- ligations thereunder, and to take such other actions as the Clerk shall deem necessary to permit the completion of a loan on a basis favorable to the City and acceptable to this Council. Section 4. This Resolution shall serve as a declaration of official intent under Treas- ury Regulation 1.150 -2 and shall be maintained on file as a public record of such intent. It is reasonably expected that the general fund moneys may be advanced from time to time for capital expenditures which are to be paid from the proceeds of the above loan agreement. The amounts so advanced shall be reimbursed from the proceeds of the Loan Agreement not later than eighteen months after the initial payment of the capital expenditures or eighteen months after the property is placed in service. Such advance- ments shall not exceed the loan amount authorized in this Resolution unless the same are for preliminary expenditures or unless another declaration of intention is adopted. Passed and approved this 16th day of July, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Sewer Revenue Capital Loan Notes (Clean Water State Revolving Fund Loan): Proof of publication on notice of public hearing to approve the suggested proceedings for the issuance of, and additional action on, not to exceed $3,058,000 in Clean Water State Revolving Fund Loan Notes and the City Manager recommending approval. Motion by Braig to receive and file the documents and adopt Resolution No. 196 -12 Instituting proceedings to take additional action for the authorization of a loan and disbursement agreement and the issuance of not to exceed $3,058,000 Sewer Revenue Capital Loan Notes. Seconded by Jones. Motion carried 7 -0. RESOLUTION NO. 196 -12 INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHOR- IZATION OF A LOAN AND DISBURSEMENT AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $3,058,000 SEWER REVENUE CAPITAL LOAN NOTES Whereas, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the authoriza- tion of a Loan and Disbursement Agreement by and between the City and the Iowa Fi- nance Authority, and the issuance to the Iowa Finance Authority of not to exceed $3,058,000 Sewer Revenue Capital Loan Notes to evidence the obligations of the City under said Loan and Disbursement Agreement, for the purpose of paying costs of re- funding outstanding water obligation indebtedness of the City, consisting of the Water Revenue Capital Loan Notes, Series 2010C, dated February 12, 2010 so that the net revenues of the Municipal Sewer Utility may be used to pay 50% of the costs associated with the acquisition and installation of a fixed radio network water meter system, and has considered the extent of objections received from residents or property owners as to said proposal and, accordingly the following action is now considered to be in the best interests of the City and residents thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 20 DUBUQUE, STATE OF IOWA: Section 1. That this Council does hereby institute proceedings and takes additional action for the authorization of a Loan and Disbursement Agreement by and between the City and the Iowa Finance Authority, and the issuance to the Iowa Finance Authority in the manner required by law of not to exceed $3,058,000 Sewer Revenue Capital Loan Notes for the foregoing purpose. Section 2. That this Council does hereby consent to the terms and conditions of the SRF Loan Program, which terms and conditions and the disclosures provided with re- spect thereto are hereby acknowledged, accepted and approved. Section 3. That the Clerk, with the assistance of the City Attorney and bond counsel, is hereby authorized and directed to proceed with the preparation of such documents and proceedings as shall be necessary to authorize the City's participation in the SRF Loan Program, to select a suitable date for final Council authorization of the required Loan and Disbursement Agreement and issuance of the Note to evidence the City's ob- ligations thereunder, and to take such other actions as the Clerk shall deem necessary to permit the completion of a loan on a basis favorable to the City and acceptable to this Council. Passed and approved this 16th day of July, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Annexation Request - C3 Investments (Knepper Addition): (This public hearing was acted upon under Action Item No. 6) Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS 2012 AII- America City Award: Eric Dregne, Director of Programs for the Community Foundation of Dubuque, presented a slide presentation on the 3rd Grade Reading Pro- gram and presented the 2012 All America City Award that the City of Dubuque received from the National Civic League. Motion by Jones to receive and file the information. Se- conded by Connors. Motion carried 7 -0. Automated Traffic Enforcement: City Manager recommending approval of Automated Traffic Enforcement for the City of Dubuque. Motion by Connors to receive and file the documents and consider the first reading of an amended ordinance amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic by adding a New Chap- ter 17 Automatic Traffic Enforcement, Providing for Automatic Traffic Enforcement and Establishing Penalties for Violations. Seconded by Jones. Motion carried 4 -3 with Lynch, Resnick, and Sutton voting nay. Police Chief Mark Dalsing and Traffic Engineer Dave Ness each made a slide presentation on Automated Traffic Enforcement and City's current traffic management system respectively. Mayor Buol allowed public input for citizens to speak for or against the proposed enforcement. The City Council had discussion following each presentation and following public input. Assistant City Attorney Crenna Brumwell provided infor- 21 mation about the fines and associated costs between the ATE - generated municipal in- fractions and violations generated by a police officer. City Council Member David Res- nick provided a slide presentation about what he believes is variable information in the studies, statistics and legal issues surrounding Automated Traffic Enforcement program. One -Way to Two -Way Conversion of 9th, 10th, 11th, Elm and Pine Streets: City Manager recommending approval of the conversion of Ninth, Tenth, Eleventh, Elm and Pine Streets from one -way to two -way traffic. Correspondence from William Kramer of CueMaster Billiards expressing concerns about the traffic conversion. Correspondence and materials from Dubuque Main Street in support of the traffic conversion and Execu- tive Director Dan LoBianco requesting permission to address the City Council. Motion by Braig to receive and file the documents and adopt Resolution No. 197 -12 Approving the conversion of Ninth, Tenth, Eleventh, Elm and Pine Streets from one -way to two -way traffic. Seconded by Connors. Julie Neeble of IIW Engineering and Civil En- gineer Jon Dienst made a slide presentation on the traffic conversion. City Council dis- cussion included questions about the impact on parking and project timeline. Motion carried 5 -2 with Lynch and Resnick voting nay. RESOLUTION NO. 197 -12 APPROVING THE CONVERSION OF NINTH, TENTH, ELEVENTH, ELM AND PINE STREETS FROM ONE -WAY TO TWO -WAY TRAFFIC Whereas, the conversion of Ninth, Tenth, Eleventh, Elm and Pine Streets from one - way to two -way traffic is instrumental to the City of Dubuque, Iowa's development of its Intermodal Transportation Terminal and Parking Facility, the Historic Millwork District and the Downtown Central Business District, and such conversion is part of the Historic Millwork District Master Plan; and Whereas, a traffic study of Ninth, Tenth, Eleventh, Elm and Pine Streets indicates that such streets can sufficiently handle the traffic volume if converted from a one -way to a two -way traffic pattern; and Whereas, improvements necessary for the conversion of Ninth, Tenth, Eleventh, Elm and Pine Streets from one -way to two -way traffic flow have been designed, and a com- prehensive analysis of the existing traffic signal timing in the Downtown Central Busi- ness District has been performed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Subject to the adoption of required amendments to the City of Dubuque Code of Ordinances, the conversation of Ninth, Tenth, Eleventh, Elm and Pine Streets from one -way to two -way traffic is hereby approved. Section 2. The City Attorney is directed to prepare the required amendments to the City of Dubuque Code of Ordinances for consideration by the City Council. Passed, approved and adopted this 16th day of July, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Purchase of Service Agreements for Fiscal Year 2013: City Manager recommending approval of Fiscal Year 2013 Purchase of Services Agreements. Motion by Jones to re- 22 ceive and file and approve the recommendation. Seconded by Connors. Motion carried 7 -0. Final Plat - North Ridge Estates: City Manager recommending approval of the final plat of North Ridge Estates subject to waiving the maximum grade of 10% for collector streets. Motion by Jones to receive and file the documents and adopt Resolution No. 198 -12 Authorizing approval of the Final Plat of North Ridge Estates in the City of Dubuque, Iowa. Seconded by Braig. Motion carried 7 -0. RESOLUTION NO. 198 -12 AUTHORIZING APPROVAL OF THE FINAL PLAT OF NORTH RIDGE ESTATES IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a Final Plat of North Ridge Estates in the City of Dubuque, Iowa; and Whereas, upon said final plat appear streets to be known as Roosevelt Road (Lot A), Marisa Ridge (Lot E), Cayden Court (Lot F) and Peru Road (Lot G) together with certain public utility, storm sewer and water main easements, stormwater detention facility (Lot C) which the owner by said final plat has dedicated to the public forever; and Whereas, said plat provides 0 feet of frontage for Lot C, where 50 feet is required by Section 16- 11 -14(B) of the Unified Development Code; and Whereas, the preliminary plat has been examined by the Zoning Advisory Commis- sion and its approval has been endorsed thereon; and Whereas, said final plat has been reviewed by the City Planner and her approval has been endorsed thereon, subject to the owner's agreeing to the conditions specified herein; and Whereas, said final plat has been examined by the City Council and the City Council find the final plat conforms to the applicable statutes and ordinances, except that streets and public utilities have not yet been completely constructed or installed. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Roosevelt Road (Lot A), Marisa Ridge (Lot E), Cay- den Court (Lot F), Peru Road (Lot G), and Lot C (detention area) and the easements for public utilities, storm sewer and water mains, as they appear on said final plat, be and the same are hereby accepted; and Section 2. That Section 16- 14 -11(B) of the Unified Development Code is waived to allow Lot C to have 0 feet of frontage, where 50 feet of frontage is required; and Section 3. That the Final Plat of North Ridge Estates is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat, provided the owners of said property herein named, execute their written acceptance of the attached conditions and further agree: (a) To reduce Roosevelt Road (Lot A), Marisa Ridge (Lot E), Cayden Court (Lot F) and Peru Road (Lot G) to grade and to construct longitudinal sub - drain, concrete curb and gutter with asphaltic concrete pavement or Portland Cement concrete pavement with integral curb, all in accordance with the City of Dubuque standard specifications in a manner acceptable to the City Engineer, in conformance with con- struction improvement plans approved by the City Engineer, and inspected and ap- 23 proved by the City Engineer. (b) To install sanitary sewer mains and sewer service laterals into each individual lot, water mains and water service laterals into each individual lot, storm sewers and catch basins, boulevard street lighting, fiber optic conduit, and erosion control devic- es all in accordance with the City of Dubuque standard specifications in a manner acceptable to the City Engineer, and in accordance with construction improvement plans approved by the City Engineer, and inspected and approved by the City Engi- neer. (c) To construct accessible sidewalk ramps at the intersections of Marisa Ridge with Cayden Court and Peru Road in accordance with City of Dubuque Standards and Specifications. (d) To construct the improvements outlined in (a), (b) and (c) above within two years from the date of acceptance of this resolution, at the sole expense of the owners, or future owner. (e) To maintain the improvements outlined in (a), (b) and (c) above for a period of two (2) years from the date of the acceptance of those improvements by the City Council of the City of Dubuque, Iowa, at the sole final expense of the owners, or future owner; (f) To provide security for the performance of the foregoing conditions specified in this Section in such form and with such sureties as may be acceptable to the City Man- ager of the City of Dubuque, Iowa. Section 4. That sidewalk installation shall be the responsibility of each lot owner for each lot abutting the public rights -of -way, including lots with multiple frontages, as re- quired by City Code Chapter 10 -1 -2 (Sidewalk Installation and Repair). Section 5. That the owner must continue to maintain Lot C of North Ridge Estates and stormwater detention facility until (1) the facility has been fully completed, (2) 80% of the platted lots on Lots 1 thru 38, inclusive of North Ridge Estates, and subdivisions thereof have been fully developed, and (3) adequate erosion control measures, as ap- proved by the City Engineer have been installed on the remaining 20% of the lots. Ac- ceptance of the detention facility must be by the City Council as required by the Unified Development Code. Upon the City's acceptance of the detention facility, the inspection, administrative and maintenance expenses incurred by the City of Dubuque for the storm water detention facility (Lot C) shall be assessed against the property owners, except the City of Dubuque, of all phases of North Ridge Estates as indicated above and on the preliminary plat, in equal amounts, and the City Manager shall certify such costs to the City Clerk, who in turn shall promptly certify such costs to the Dubuque County Treas- urer, and such costs shall then be collected with and in the same manner as general property taxes in accordance with provisions of law. Section 6. That the planting of street trees shall be coordinated with the City Forester. Any trees planted within the street right -of -way must be chosen and planted by the City of Dubuque Leisure Services Department at the developer's expense. Section 7. That the final acceptance of the public improvements shall only occur upon certification of the City Engineer to the City Council that the public improvements have been completed in accordance with the approved improvement plans and City stand- ards and specifications and accepted by City Council Resolution. Section 8. That in the event WE Development, LLC fails to execute the acceptance and furnish the guarantees provided hereof within 180 days after the date of this Reso- 24 lution, the provisions hereof shall be null and void and the acceptance of the dedication and approval the plat shall not be effective. Passed, approved and adopted this 16th day of July, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Annexation Request - C3 Investments (Knepper Addition): Proof of publication on no- tice of public hearing to consider the approval of the voluntary annexation request of C3 Investments Trust for 0.063 acres of property on the south side of the City of Dubuque adjacent to Timber -Hyrst Subdivision, legally described as Lot 3 of the Final Plat of Knepper Addition and the City Manager recommending approval. Upon motion the rules were suspended allowing anyone present to address the City Council. Motion by Lynch to receive and file the documents and adopt Resolution No. 199 -12. Approving application for voluntary annexation of territory to the City of Dubuque, Iowa. Seconded by Braig. Motion carried 7 -0. RESOLUTION NO. 199 -12 APPROVING APPLICATION FOR VOLUNTARY ANNEXATION OF TERRITORY TO THE CITY OF DUBUQUE, IOWA Whereas, C3 Investments Trust, the property owner, has submitted a written applica- tion for voluntary annexation of approximately 0.063 acre of land to the City of Dubuque, Iowa; and Whereas, the annexation territory is not subject to an existing annexation moratorium agreement; and Whereas, the annexation territory does not include any State or railroad property; and Whereas, Iowa Code section 368.7 authorizes the extension of City limits in situa- tions of this character by adoption of a resolution after notification and public hearing; and Whereas, this annexation is consistent with the Comprehensive Plan of the City of Dubuque; and Whereas, the City of Dubuque has the capacity to provide substantial municipal ser- vices to the annexation territory; and Whereas, the annexation is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the application of C3 Investments Trust, the property owner, for vol- untary annexation of approximately 0.063 acre of land of territory lying outside of the corporate limits of the City of Dubuque, Iowa, as shown on Exhibit A and legally de- scribed as Lot 3 of the Final Plat of Knepper Addition, Section 2, Township 88N, Range 2E of the 5th P.M., Dubuque County, Iowa is hereby approved for annexation to the City of Dubuque, Iowa. Section 2. That, subject to the approval of the Secretary of State, the corporate limits of the City of Dubuque, Iowa, be and they hereby are extended to include the approxi- mately 0.063 acres of annexation territory as shown on Exhibit A. Section 3. That the City Council of Dubuque, Iowa, does hereby certify that the City 25 of Dubuque has complied with the notice and hearing requirements of the Iowa Code pertaining to voluntary annexation of territory outside an urbanized area of another city. Section 4. That if Secretary of State approves this annexation, the territory hereby annexed shall become a part of Precinct One of Ward One of the City of Dubuque, Io- wa. Section 5. That the City Clerk shall file this resolution, all exhibits and the applications for voluntary annexation with the State of Iowa in accordance with the provisions of Chapter 368 of the Iowa Code. Passed, approved and adopted this 16th day of July, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Upon motion the rules were reinstated limiting discussion to the City Council. Dubuque Industrial Center South - Grading & Utilities 2012 Project, Phase 1: City Manager recommending award of the contract for the Dubuque Industrial Center South Grading & Utilities 2012 Project, Phase 1 to the low bidder, Tom Kueter Construction Co., Inc. Motion by Connors to receive and file the documents and adopt Resolution No. 200 -12 Awarding public improvement contract for the Dubuque Industrial Center South Grading & Utilities 2012 Project, Phase 1. Seconded by Resnick. Attorney Bob Hatillo, 1115 3rd St., Cedar Rapids, and Al Taylor of C.J. Moyna & Sons of Elkader, Iowa, spoke in support of the Moyna bid as the responsive bid and further stated that they believe the Kueter Construction bid was nonresponsive due to a discrepancy in the bid docu- ments submitted by Kueter. City Attorney Lindahl stated that it was his judgment that the issue is considered a minor discrepancy, which the City Council has the right to waive. Motion carried 6 -1 with Lynch voting nay. RESOLUTION NO. 200 -12 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE DUBUQUE INDUSTRI- AL CENTER SOUTH GRADING & UTILITIES — 2012 PROJECT, PHASE I Whereas, sealed proposals have been submitted by contractors for the Dubuque In- dustrial Center South Grading & Utilities — 2012 Project, Phase I (the Project) pursuant to Resolution No. 137 -12 and Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa on the 8th day of June, 2012. Whereas, said sealed proposals were opened and read on the 21 st day of June, 2012 and it has been determined that Tom Kueter Construction Co., Inc. of Peosta, Iowa with a bid in the amount of $2,325,159.85, is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded to Tom Kueter Construction Co., Inc. of Peosta, Iowa and the City Manager is hereby directed to exe- cute a Public Improvement Contract on behalf of the City of Dubuque for the Project. Passed, approved and adopted this 16th day of July, 2012. Roy D. BuoI, Mayor Attest: Kevin S. Firnstahl, City Clerk 26 Iowa Finance Authority - Amendment to Loan and Disbursement Agreement: City Manager recommending approval of the suggested proceedings for amending the loan and disbursement agreement between the City of Dubuque and the Iowa Finance Au- thority and authorizing and providing for the issuance of the $74,285,000, Sewer Reve- nue Capital Loan Note, Series 2010E. Motion by Connors to receive and file the docu- ments and adopt Resolution No. 201 -12 Approving and authorizing Amendment to Loan and Disbursement Agreement by and between the City of Dubuque and the Iowa Fi- nance Authority, and authorizing and providing for the issuance of the $74,285,000 Sewer Revenue Capital Loan Note, Series 2010E, of the City. Seconded by Braig. Mo- tion carried 7 -0. RESOLUTION NO. 201 -12 APPROVING AND AUTHORIZING AMENDMENT TO LOAN AND DISBURSEMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE AND THE IOWA FI- NANCE AUTHORITY, AND AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF THE $74,285,000 SEWER REVENUE CAPITAL LOAN NOTE, SERIES 2010E, OF THE CITY Whereas, the City of Dubuque (hereinafter the "Issuer ") previously issued its Sewer Revenue Capital Loan Note, Series 2010E, dated August 18, 2010, to the extent of $64,885,000 (hereinafter the "Note "), pursuant to a Loan and Disbursement Agreement between Issuer, the Iowa Finance Authority, and Wells Fargo Bank, N.A., dated of like date (the "Agreement "), for the purpose of defraying the costs of the Project (as defined in the resolution authorizing issuance of the same (hereinafter the "Resolution")); and Whereas, the Iowa Finance Authority, as Original Purchaser and current holder of the Note, has authorized an addition "sponsored project" and the exchange of the $64,885,000 Note for a new Note in the principal amount of $74,285,000; and Whereas, an Amendment to the Loan and Disbursement Agreement (hereinafter the "Amendment ") has been prepared to reflect said exchange, a copy of which is attached hereto as Exhibit A; and Whereas, pursuant to IRS regulations adoption of the Amendment constitutes a reis- suance of a $64,885,000 portion the Note, and a new issuance of $9,400,000. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IN THE COUNTY OF DUBUQUE, STATE OF IOWA: Section 1. That the Resolution is hereby amended to reflect the increase of outstand- ing principal from $64,885,000 to $74,285,000. Section 2. That the Amendment in substantially the form attached to this Resolution is hereby authorized to be executed and issued on behalf of the Issuer by the Mayor and attested by the City Clerk. Section 3. Except as amended herein, all of the other terms and conditions of the Resolution and Agreement are in all respects ratified, confirmed and approved and shall remain in full effect. Passed and approved this 16th day of July, 2012. Attest: Kevin S. Firnstahl, City Clerk 27 Roy D. Buol, Mayor Taxable General Obligation Bonds Series 2012C Amendment: City Manager recom- mending approval of the suggested proceedings for amending Resolution No. 160 -12 authorizing issuance of $6,965,000 Taxable General Obligation Bonds, Series 2012C, adopted June 18, 2012. Motion by Jones to receive and file the documents and adopt Resolution No. 202 -12 Amending Resolution No. 160 -12 Authorizing Issuance Of $6,965,000 Taxable General Obligation Bonds, Series 2012C, adopted June 18, 2012. Seconded by Braig. Motion carried 7 -0. RESOLUTION NO. 202 -12 AMENDING RESOLUTION NO. 160 -12 AUTHORIZING ISSUANCE OF $6,965,000 TAXABLE GENERAL OBLIGATION BONDS, SERIES 2012C, ADOPTED JUNE 18, 2012 Whereas, the Council adopted Resolution No. 160 -12, a Resolution Authorizing and Providing for the Issuance of $6,965,000 Taxable General Obligation Bonds, Series 2012C, and Levying a Tax to Pay Said Bonds, on June 18, 2012; and Whereas, Section 2 of Resolution No. 16 -012 provides for the levy of an annual tax to pay principal and interest on the Bonds; and Whereas, Section 6 of Resolution No. 160 -12 sets forth a maturity schedule for re- tirement of the Bonds; and Whereas, the Official Statement, dated June 7, 2012, also contains maturity schedule for retirement of the Bonds and this schedule is different than that set out in Section 6 of Resolution No. 160 -12; and Whereas, it is necessary to conform the Resolution No. 160 -12 to that as stated in the Official Statement, and action should now be taken to amend Sections 2 and 6 of said Resolution to so conform. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. Section 2 of Resolution No. 160 -12 shall be amended to read as follows: Section 2. Levy and Certification of Annual Tax; Other Funds to be Used. (a) Levy of Annual Tax. That for the purpose of providing funds to pay the principal and interest of the Bonds hereinafter authorized to be issued, there is hereby levied for each future year the following direct annual tax on all of the taxable property in Dubuque, Iowa, to -wit: AMOUNT FISCAL YEAR (JULY 1 TO JUNE 30) OF COLLECTION $187,544 2012/2013 $467,750 I 2013/2014 $497,450 2014/2015 $501,450 2015/2016 $495,250 2016/2017 $494,050 2017/2018 $497,750 i - - - -- 2018/2019 - - - -- $496,250 2019/2020 $504,485 2020/2021 $506,550 2021/2022 28 I $492,675 2022/2023 $493,050 2023/2024 - - - - $497,250 2024/2025 $495,438 2025/2026 I $497,733 2026/2027 - - - _$498,933 ___________2027 /2028__________ $499,200 i 2028/2029 __, 1$498,505 2029/2030 $501,818 - - - -- 2030/2031 - - -- $503,915 2031/2032 Section 2. The principal amount as set forth in Section 6 of Resolution No. 160 -12 shall be amended to read as follows: [Principal Interest Maturity Amount I Rate 1 June 1st $265,000 1 2.000% $300,000 2.000% $310,000 2.000% L$310,0001_ ! 2.000% $315,000 2.000% 1_$325,000L 2.000% 1$330,000L 2.050% $345,0001 2.300% $355,000 2.500% $350,000 2.750% $360,000 3.000% 1$375,0001 3.150% r $385,000 3.300% $400,000 3.450% $415,000 3.550% $430,000. 3.650% $445,000 3.750% $465,000 i 3.850% $485,000 3.900% ▪ 2014 2015 2016 - 2017 2018 2019 2020 ▪ 2021 2022 2023 2024 ▪ 2025 2026 2027 2028 2029 2030 1 3031 3032 Section 3. That all other provisions of Resolution No. 160 -12 be and the same hereby are ratified, confirmed and approved. Section 4. That the Mayor and City Clerk are hereby authorized to execute such doc- uments as are necessary to effectuate the amendments provided for in this resolution. Passed and approved this 16th day of July, 2012. Attest: Kevin S. Firnstahl, City Clerk 29 Roy D. Buol, Mayor Request to Rezone - 16th Street and Kerper Boulevard: City Manager recommending rezoning property located at the southwest corner of 16th Street and Kerper Boulevard as requested by the City of Dubuque at the June 18, 2012 public hearing. Motion by Connors to receive and file the documents and that the requirement that a proposed or- dinance 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 Connors for final consideration and passage of Ordinance No. 44 -12 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at the southwest corner of 16th Street and Kerper Boulevard from POS Public Open Space District to C -3 General Commercial District. Seconded by Resnick. Motion carried 7 -0. OFFICIAL PUBLICATION ORDINANCE NO. 44 -12 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT THE SOUTHWEST CORNER OF 16TH STREET AND KERPER BOULEVARD FROM POS PUBLIC OPEN SPACE DISTRICT TO C -3 GEN- ERAL COMMERCIAL DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Devel- opment Code, is hereby amended by reclassifying the hereinafter described property from POS Public Open Space District to C -3 General Commercial District, to wit: North 375 feet of Lot 1 Bee Branch Subdivision No. 2, Balance of Lot 1 Block 2 Dubuque Packing Company Lots 444, 445, 446, Balance of Lot 447, Part of Lot 448, Balance Lots 471 & 472 and all of Lot 437 East Dubuque Addition, Lot 2, Sub Lot 587 East Dubuque Addition, and to the centerline of the adjoining public right -of -way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect upon publications, as provided by law. Passed, approved and adopted this 16th day of July, 2012. /s /Roy D. Buol, Mayor Attest: /s /Kevin S. Firnstahl, City Clerk Social Host Ordinance: City Manager recommending adoption of a Social Host Ordi- nance to prohibit people from hosting events and knowingly allowing underage alcohol possession and consumption on the host's premises. 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 Braig. Responding to questions from City Council, Police Chief Mark Dalsing stated that the Police Department works with citi- zens in such situations by referring them to community assistance agencies and that this ordinance is for violators who have full knowledge of their actions and knowingly 30 allow the violation. Motion carried 7 -0. Motion by Jones for final consideration and passage of Ordinance No. 45 -12 City of Dubuque Code of Ordinances Title 7 Police, Fire and Public Safety, Chapter 5 Offenses by adding a new Article E, Social Host Responsibility, Providing for the Regulation of Social Hosts. Seconded by Braig. Motion carried 7 -0. OFFICIAL PUBLICATION ORDINANCE NO. 45 -12 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 7 POLICE, FIRE AND PUBLIC SAFETY, CHAPTER 5 OFFENSES BY ADDING A NEW ARTICLE E, SOCIAL HOST RESPONSIBILITY, PROVIDING FOR THE REGULATION OF SOCIAL HOSTS Whereas, the City of Dubuque is vested with home rule authority pursuant to Article III, Section 38A of the Iowa Constitution and Chapter 364 of the Iowa Code; and, Whereas, the City of Dubuque has a large population of persons under the legal drinking age of twenty -one (21); and, Whereas, the City Council is concerned with the violation of state statutes and City of Dubuque ordinances concerning underage possession and consumption of alcohol by minors; and, Whereas, the City Council is concerned with the dangers of providing alcohol to mi- nors at events, parties, and gatherings by social hosts; and, Whereas, local governments in different parts of the state of Iowa and nation have demonstrated that social host regulation is a mechanism to impact underage posses- sion and consumption of alcohol; and, Whereas, the City Council finds that implementation of the enforcement procedures set forth in this Ordinance will promote, protect, and improve the health, safety, and wel- fare of the citizens of the City of Dubuque. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Title 7, Police, Fire and Public Safety, Chapter 5 Offenses of the City of Dubuque Code of Ordinances is amended by adding the following new Article E: ARTICLE E. SOCIAL HOST RESPONSIBILITY 7 -5E -1: PURPOSE OF CHAPTER: The purpose of this chapter is to prohibit the consumption of alcoholic beverages by persons under the legal drinking age of twenty -one (21) at gatherings where social hosts know or have reason to know, allow, or permit underage persons to drink alcohol- ic beverages on property such social hosts own or control. This chapter is enacted to protect and preserve the rights, privileges, and property of the residents of the City of Dubuque and to preserve and improve the peace, safety, health, welfare, comfort, and convenience of the residents of the City of Dubuque. 7 -5E -2: DEFINITIONS: The following words and phrases, when used in this chapter, have the following mean- ing: ALCOHOL: Ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, whiskey, rum, brandy, gin, or any other distilled spirits including dilutions and mixtures 31 thereof from whatever source or by whatever process produced. ALCOHOLIC BEVERAGE: Any beverage in any form that contains more than one half (1/2) of one percent (1 %) of alcohol by volume including alcoholic liquor, wine, or beer. CITY MANAGER: City manager or the city manager's designee. EMERGENCY RESPONDERS: Firefighters, law enforcement officers, emergen- cy medical service personnel, and other personnel having emergency response duties. ENFORCEMENT SERVICES: The salaries and benefits of emergency respond- ers for the amount of time spent responding to or remaining at an event, gather- ing, or party and administrative costs attributable to the incident; the actual costs for medical treatment for any injured emergency responder, and the costs of re- pairing any damage to equipment or vehicles. EVENT, GATHERING, OR PARTY: Any group of three (3) or more persons who have assembled or gathered together for a social occasion or other activity. LEGAL DRINKING AGE: Twenty -one (21) years of age or older. MINOR: A person under the age of eighteen (18). PARENT: Any person having legal custody of a minor: (A) As a natural parent, adoptive parent, or step- parent; (B) As a legal guardian; or, (C) As a person to whom legal custody has been given by order of the court. PERSON: Any individual, partnership, corporation, or any association of one (1) or more individuals. POSSESSION OR CONTROL: Actual possession or constructive possession based on facts, which permits the inference of intent to possess or control alco- holic beverages. PREMISES: Any home, yard, farm, field, land, apartment, condominium, hotel or motel room, other dwelling unit, hall or meeting room, garage, barn, park, tent, camper /RV, or any other place conducive to assembly, public or private, whether occupied on a permanent or temporary basis, whether occupied as a dwelling or specifically for an event, gathering, or party, and whether owned, leased, rented, or used with or without permission or compensation. PUBLIC PLACE: The same as defined in Iowa Code section 123.3(27). SOCIAL HOST: A. Any person who aids, allows, entertains, organizes, supervises, controls, or permits an event, gathering, or party. This includes but is not limited to: 1. The person who owns, rents, leases, or otherwise has control of the premises where the event, gathering, or party takes place; 2. The person(s) in charge of the premises; or, 3. The person(s) responsible for organizing the event, gathering, or party. B. If the social host is a minor or under the legal drinking age, and the social host's parent(s) are: 1. Present on the premises; 2. Know or reasonably should know of the event, gathering, or party and know or reasonably should know that the consumption of alcohol is occur- ring; or, 32 3. Both the social host and the parent(s) will be held liable for violations of this chapter. UNDERAGE PERSON: Any person under the age of twenty -one (21). 7 -5E -3: SOCIAL HOST DUTIES: It is the duty of the social host of an event, gathering, or party to take all reasonable steps to prevent alcoholic beverages from being possessed or consumed by underage persons on the premises. Reasonable steps include, but are not limited to: A. Controlling underage persons' access to alcoholic beverages; B. Controlling the quantity of alcoholic beverages; C. Verifying the age of persons being served, in the possession of, or consuming alcoholic beverages at the event, gathering, or party by inspecting driver's li- censes or other government- issued identification cards; D. Supervising the activities of underage persons at the party; and, E. Notifying law enforcement of underage possession or consumption of alcohol- ic beverages, and allowing law enforcement to enter the premises for the pur- pose of stopping the possession or consumption by underage persons. 7 -5E -4: PROHIBITED ACTS: A. It is unlawful for any social host of an event, gathering, or party on the social host's premises to knowingly permit or allow underage persons to consume alco- holic beverages, or knowingly permit or allow underage persons to possess alco- holic beverages on the premises, whether or not the social host is present on the premises. B. It is unlawful for any social host to host an event, gathering, or party on prem- ises when the person knows or reasonably should know that an underage person has consumed an alcoholic beverage, or possesses an alcoholic beverage with the intent to consume it, and the social host fails to take reasonable steps to pre- vent the possession or consumption by the underage person. A social host who hosts such an event, gathering, or party does not have to be present at the time the prohibited act occurs. 7 -5E -5: EXEMPTION: This chapter does not apply to the exceptions enumerated in Iowa Code section 123.47(2) for persons possessing alcohol while under the legal age or to persons pos- sessing alcohol as part of legally protected religious observances, or to situations where underage persons are lawfully in possession of alcoholic beverages during the course and scope of their employment. 7 -5E -6: AFFIRMATIVE DEFENSE: A social host has an affirmative defense if the social host took reasonable steps to prevent the possession or consumption of alcohol, or notified law enforcement and al- lowed law enforcement to enter the premises for the purpose of stopping the illegal ac- tivities. 7 -5E -7: EVIDENCE OF POSSESSION AND CONSUMPTION: A. A specific legislative finding has been made by the City Council that prelimi- nary breath screening tests (PBT's) which have been approved by the Depart- ment of Public Safety for use in public intoxication cases, are accurate in deter- mining the presence or absence of alcohol in a person's body. Such devices are valuable tools in the investigation of unlawful consumption of alcohol. Therefore, 33 at trial, evidence obtained during the administration of preliminary breath testing, including test results expressed in terms of alcohol concentration, are admissible on the issue of whether a person under the legal drinking age consumed alcohol. B. A person under the legal drinking age who has consumed alcohol is presumed to have had the same in his or her possession or control prior to its consumption 7 -5E -8: PENALTIES: A. Violations of section 7 -5E -4 will be punishable as outlined in section 1 -4 -2 of the City Code. B. The City may also seek reimbursement for enforcement services provided by emergency responders related to the event, gathering, or party. 7- 5E- 9:ENFORCEMENT: The city manager has primary but not exclusive enforcement responsibility for this chapter. 7- 5E -10: SEVERABILITY: If any section, provision, sentence, clause, phrase, or part of this chapter is adjudged invalid or unconstitutional, such adjudication will not affect the validity of the chapter as a whole or any provision, section, subsection, clause, phrase, or part hereof not ad- judged invalid or unconstitutional. Section 2. This Ordinance takes effect upon publication. Passed, approved and adopted this 16th day of July, 2012. /s /Roy D. Buol, Mayor Attest: /s /Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 20th day of July, 2012. /s /Kevin S. Firnstahl, City Clerk Historic Preservation Commission: Commissioner Chris Wand submitting his resigna- tion from the Historic Preservation Commission effective September 1, 2012 due to a change in residency. Motion by Braig to receive and file the documents and accept the resignation. Seconded by Jones. Motion carried 7 -0. Public Safety Software Vendor Selection: City Manager recommending approval of the selection of Sungard OSSI as the provider of the replacement public safety soft- ware. Motion by Jones to receive and file the documents and approve the recommenda- tion. Seconded by Resnick. Motion carried 7 -0. Catfish Creek Watershed Management Authority: City Manager recommending ap- pointment of Planning Services Manager Laura Carstens as the staff representative on the Catfish Creek Watershed Management Authority. Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Braig. Motion car- ried 7 -0. Sustainable Dubuque - Quarterly Work Session Request: City Manager requesting approval to schedule the Sustainable Dubuque Quarterly Work Session for Tuesday, September 4, 2012 at 5:30 p.m. Motion by Connors to receive and file the document and set the work session as recommended. Seconded by Braig. Motion carried. 7 -0. 34 COUNCIL MEMBER REPORTS Council Member Resnick recognized the recent Art on the River installation and re- ception and encouraged citizens to vote online for their favorite piece. Mayor Buol provided an update on his recent trip to Singapore for the World City Summit, which included 102 countries and 1800 delegates. There being no further business, upon motion the City Council adjourned at 10:58 p. m. /s /Kevin Firnstahl, CMC City Clerk 35