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Minutes_City Council Proceedings 7 16 12CITY 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, Sutton; 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 litigation, 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. 1 t 7/25 /s /Trish L. Gleason Assistant City Clerk 1 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION 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, Sutton; 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 Joey Anderson of the Mystique Casino and Carrie Tedore of the Diamond Jo Casino. PRESENTATION(S) Iowa Department of Natural Resources - Certificate of Appreciation: Planning Services 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 Dubuque Museum of Art, Dubuque Symphony Orchestra, Dubuque Chorale, Dubuque Historical 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 dispose of as indicated. Seconded by Resnick. Motion carried 7 -0. Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 2 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 proceedings 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 referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Joe Petsch for property damage. Upon motion the documents were received, filed and concurred. 2012 Governor's Individual Volunteer Award: City Attorney transmitting correspondence from Governor Branstad and Lt. Governor Reynolds informing the City that Assistant City Attorney Crenna Brumwell -Sahm has received the 2012 Individual Governor's Volunteer Award by Big Brothers Big Sisters of Eastern Iowa for outstanding commitment 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 received 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 Assessment Appeal Board of Review Committee. Upon motion the document was received 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. Central Avenue HMA Resurfacing - Project Acceptance: City Manager recommending 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 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 authorizing the payment of the contract amount to the contractor was adopted. 3 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 Preliminary 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. 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 Resolution No. 187 -12 Award of contract (North End Neighborhood Trail Lighting Project) was adopted. Citizen Correspondence: Correspondence from Barbara Nyheim regarding her concerns about working conditions at Sutton and Flora Pool concession stands. Upon motion the document was received, filed and refer to the City Manager. Mediacom All- Digital Conversion: Correspondence from Lee Grassley, Senior Manager 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 Manager recommending acceptance of the storm water detention facilities and Lot G of Eagle Valley Subdivision. Upon motion the documents were received and filed and Resolution No.188 -12 Accepting stormwater detention facilities and Lot G in Eagle Valley Subdivision in the City of Dubuque, Iowa, was adopted. 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 contract amount to the contractor was adopted. 4 Permeable Paver Street in North Fork Trails - Project Acceptance: City Manager recommending approval of a resolution amending, with conditions, Resolution 1 -10 accepting 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 developer 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 Resolution 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. Addition of Bus Operator and Dispatch Positions: City Manager recommending approval 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 Manager 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. 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 recommending 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. Upon motion the documents were received, filed, and approved. Wireless Bicycle and Pedestrian Counters for Bike /Hike Trails - STP Grant Application: 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 counters 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. 5 Improvement Contracts / Performance, Payment and Maintenance Bonds: Contract with Selco, Inc. for the 2012 Pavement Marking Project, contract with Klauer Construction 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 Medical 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 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. 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. 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, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and ordering the advertisement for bids (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. Request for Bids - ARC Transfer Center Phase I Project: City Manager recommending 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 Resolution No. 193 -12 ARC Transfer Center Phase I Canopy — 2012 Project preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and ordering the advertisement for bids 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. 6 BOARDS /COMMISSIONS Building Code Boards of Appeals: Two 3 -year terms through August 1, 2015 (Expiring 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. Rezoning Request - 1172 Main Street: Proof of publication on notice of public hearing to consider a request by Carol Lammers /John & Rosalie Loes Trust to rezone property at 1172 Main Street from C -4 Downtown Commercial District to OC Office Commercial District to allow residential on the first floor and the Zoning Advisory Commission 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. 7 Rezoning Request - Lot 3 Knepper Addition (1834 Creekwood Drive): Proof of publication on notice of public hearing to consider a request by Davin Curtiss / C3 Investments 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. 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. Attorney Greg Rhemke, 700 Locust St., spoke in support of the proposed ordinance on behalf of the developer. Motion 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. 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 Sponsored Project) and the City Manager recommending approval. Motion by Braig to receive 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. Seconded by Jones. Motion carried 7 -0. 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. 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. 8 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 Program 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. Seconded 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 Chapter 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 Da!sing 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 information about the fines and associated costs between the ATE - generated municipal infractions and violations generated by a police officer. City Council Member David Resnick 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 Executive 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 Engineer Jon Dienst made a slide presentation on the traffic conversion. City Council discussion included questions about the impact on parking and project timeline. Motion carried 5 -2 with Lynch and Resnick voting nay. Purchase of Service Agreements for Fiscal Year 2013: City Manager recommending approval of Fiscal Year 2013 Purchase of Services Agreements. Motion by Jones to receive 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 9 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. Annexation Request - C3 Investments (Knepper Addition): Proof of publication on notice 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. 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 documents 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. 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 Authority and authorizing and providing for the issuance of the $74,285,000, Sewer Revenue Capital Loan Note, Series 2010E. Motion by Connors to receive and file the documents 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 Finance 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. Motion carried 7 -0. Taxable General Obligation Bonds Series 2012C Amendment: City Manager recommending 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. 10 Seconded by Braig. Motion carried 7 -0. 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 ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Resnick. Motion carried 7 -0. Motion by 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. Social Host Ordinance: City Manager recommending adoption of a Social Host Ordinance 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 Da!sing stated that the Police Department works with citizens 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 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. Historic Preservation Commission: Commissioner Chris Wand submitting his resignation 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 software. Motion by Jones to receive and file the documents and approve the recommendation. Seconded by Resnick. Motion carried 7 -0. Catfish Creek Watershed Management Authority: City Manager recommending appointment 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 carried 7 -0. 11 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. COUNCIL MEMBER REPORTS Council Member Resnick recognized the recent Art on the River installation and reception 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. 1 t 7/25 /s /Kevin Firnstahl, CMC City Clerk 12