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Proof of Publication_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 Build- ing, 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 liti- gation, property acqui- sition, and professional evaluation pursuant to Chapter 21.5(1)(c)(j)(1) 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, Res- nick motioned to adjourn at 6:17 p.m. Seconded by Lynch. Motion carried 7-0. /s/Trish L. Gleason Assistant City Clerk It 7/25 CITY OF DUBUQUE, IOWA CITY COUNCIL July 16, 2012 in the Historic Federal Build- ing, 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 con- ducting 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 Appre- ciation: Planning Ser- vices Manager Laura Carstens presented a Certificate of Appre- ciation from the IDNR in recognition of the City's application to the Governor's Iowa Environmental Excel- lence Award. Dubuque Water Trail - Certificate of Desig- nation: Planning Ser- vices Manager Laura Carstens presented a Certificate of Desig- nation from the Iowa Department of Natural Resources in recog- nition 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 Sym- phony Orchestra, Dubu- que Chorale, Dubuque Historical Society, Dubuque Main Street, Bell Tower Produc- tions, 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. Minutes and Reports Submitted: Arts and Cultural Affairs Advi- sory Commission of 5/22, City Conference Board of 3/5 and 6/21, City Council proceed- ings of 6/27 and 7/2, Civil Service Commis- sion 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 Adiustment of 6/28, 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 pro- perty 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 corre- spondence from Governor Branstad and Lt. Governor Reynolds informing the City that Assistant City Attorney Crenna Brumwell- Sahm has received the 2012 Individual Gov- ernor's Volunteer Award by Big Brothers Big Sisters of Eastern Iowa for outstanding commitment and ser- vice. 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 Fluorida- tion Reaffirmation Award on behalf of the American Dental Asso- ciation and the Centers for Disease Control. Upon motion the document was re- ceived and filed. Iowa League of Cities: City Manager trans- mitting correspon- dence 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 Com- mission: Civil Service Commission submit- ting the certified lists of candidates for the positions of Police Officer and Water & Resource Recovery Center Plant Operator. Upon motion the docu- ments were received, filed and made a Matter of Record. Central Avenue HMA Resurfacing - Project Acceptance: City Man- ager recommending acceptance of the construction contract for the Central Avenue HMA Resurfacing Pro- ject, from 21st to 32nd Street, as completed by River City Paving, a Division of Mathy Construction Company. Upon motion the docu- ments were received facing Project, from 21st to 32nd Street, Iowa DOT Project No. STPN- 052 - 2(106)- -2j -31 and authorizing the payment of the con- tract amount to the contractor was adopted. Human Rights Com- mission: 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): Correspon- dence from the Federal Emergency Manage- ment Agency (FEMA) regarding the City's non - technical com- ments 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 appro- val 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 appro- val of the Final Plat of Sky Blue Estates in the City of Dubuque, Iowa, was adopted. North End Neigh- borhood Trail Lighting - Project Award: City Manager recommend- ing 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 Neighbor- hood Trail Lighting Project) was adopted. Citizen Correspon- dence: Correspon- dence from Barbara Nyheim regarding her concerns about work- ing conditions at Sutton and Flora Pool concession stands. Upon motion the document was re- ceived, filed and referred to the City Manager. Mediacom All- Digital Conversion: Correspon- dence from Lee Grassley, Senior Mana- ger of Government Relations for Media - com 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 - Accep- tance of Stormwater Detention Facilities: City Manager recom- mending acceptance of the storm water detention facilities and and Resolution No.188- 12 Accepting storm - water detention facil- ities and Lot G in Eagle Valley Subdivision in the City of Dubuque, Iowa, was adopted. Harlan Street Sanitary Sewer Reconstruction - Project Acceptance: City Manager recom- mending acceptance of the construction con- tract 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. Permeable Paver Street in North Fork Trails - Project Accep- tance: City Manager recommending appro- val of a resolution amending, with con- ditions, Resolution 1 -10 accepting the main- tenance responsibility for the permeable pavement street improvements in North Fork Trails - Lots 10 -18 and Lots A and B by waiving the require- ment 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 estab- lished 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 Mana- ger recommending approval to hire six additional PTE Bus Operator positions and one PTE Dispatch position to accom- modate the two new bus routes and the reduction in hours from several current staff voluntarily reduc- ing their hours. Upon motion the documents were received, filed, and approved. Thirty -Inch Forcemain from 12th Street to 7th Street - Design Consul- tant: City Manager recommending the selection of 11W, 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 recommend- ing approval of the bid specifications and demolition agreement 1658 Manson Road, and 1654 Manson Road. Upon motion the docu- ments 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 docu- ments were received, filed, and approved. Wireless Bicycle and Pedestrian Counters for Bike /Hike Trails - STP Grant Application: City Manager transmit- ting a Letter of Support to Brian Preston, Director of the Dubu- que County Conser- vation Board, in support, of the STP grant application to the Regional Planning Authority (RPA) to purchase seven wire- less bicycle /pedestrian counters for bike /hike trails. Upon motion the documents were received, filed, and approved. City Manager Employment Agree- ment - 21st Amend- ment: Submittal of the 21st Amendment to the City Manager's Employ- ment Agreement for approval. Upon motion the document was received, filed, and approved. Improvement Con- tracts / Performance, Payment and Main- tenance Bonds: Con- tract with Selco, Inc. for the 2012 Pavement Marking Project, con- tract 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 Juve- nile Services, Lease Agreement with Dubu- que County Medical Examiner. Upon motion the documents were received and filed. Alcohol License Applications: City Man- ager 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 applica- tions 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 Traffic Signal Recon- struction 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, specifica- tions, form of contract, and estimated cost; and ordering the f advertisement for bids f (5 Points Signal Reconstruction Pro- 1 ject) was adopted setting a public hearing for a meeting '- to commence at 6:30 p.m. on August 6, 2012 in the Historic Federal i Building. Request for Bids - ARC Transfer Center Phase - I Project: City Manager t recommending appro- val of the release of the I Request for Bids (RFB) - for the construction of r the ARC Transfer '- Center Phase 1 Project 7 and further recom- < mends that a public - hearing be set for 1 August 6, 2012. Upon ' motion the documents s were received and filed and Resolution No. 193- • 12 ARC Transfer Center 1 Phase 1 Canopy - 2012 Project preliminary approval of plans, specifications, form of contract, and esti- mated cost; setting date of public hearing on plans, specifica- ; tions, form of contract, and estimated cost; and ordering the t advertisement for bids i was adopted setting a i public hearing for a 1 meeting to commence at 6:30 p.m. on August 6, 2012 in the Historic Federal Building. BOARDS/ COMMISSIONS Building Code Boards of Appeals: Two 3 -year terms through August 1, 2015 (Expiring at- large term of Luch- singer and ADA term of Cruise). Applicants: Marla Cruise, 905 Rock- dale Road (ADA Repre- sentative); Richard Luch- singer, 2875 Brueck Road (At- Large). Mo- tion by Braig to reappoint Marla Cruise and Richard Luchsinger to 3 -year terms. Seconded by Jones. Motion carried 7 -0. Catfish Creek Water- shed Management Authority: Two repre- sentatives 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 Toma- hawk 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 Gianna- kouros; Braig, Buol, Connors, Lynch, Res- . STATE es- STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: July 25, 2012, and for which the charge is $419.12. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this 07 j day of s ... , 20 /..z. . otary Public in and for Dubuque County, Iowa. MARY K. WELL fE RMEYER .r Cdh1nll:islon Numbor 15035 ;, hi ors:; -, e: 1,, { PQ' CITY 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 Build- ing, 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)(.1)(i) of the Code of Iowa. CLOSED SESSION Motion by Jones to convene in closed session at 5:31 p.m. to discuss pending liti- gation, property acqui- sition, 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, Res- nick motioned to adjourn at 6:17 p.m. Seconded by Lynch. Motion carried 7 -0. /s/Trish L. Gleason Assistant City Clerk 1t 7/25 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 Build- ing, 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 con- ducting 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 Appre- ciation: Planning Ser- vices Manager Laura Carstens presented a Certificate of Appre- ciation from the IDNR in recognition of the City's application to the Governor's Iowa Environmental Excel- lence Award. Dubuque Water Trail - Certificate of Desig- nation: Planning Ser- vices Manager Laura Carstens presented a Certificate of Desig- nation from the Iowa Department of Natural Resources in recog- nition 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 Sym- phony Orchestra, Dubu- que Chorale, Dubuque Historical Society, Dubuque Main Street, Bell Tower Produc- tions, 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. Minutes and Reports Submitted: Arts and Cultural Affairs Advi- sory Commission of 5/22, City Conference Board of 3/5 and 6/21, City Council proceed- ings of 6/27 and 7/2, Civil Service Commis- sion 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 pro- perty 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 corre- spondence from Governor Branstad and Lt. Governor Reynolds informing the City that Assistant City Attorney Crenna Brumwell- Sahm has received the 2012 Individual Gov- ernor's Volunteer Award by Big Brothers Big Sisters of Eastern Iowa for outstanding commitment and ser- vice. 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 Fluorida- tion Reaffirmation Award on behalf of the American Dental Asso- ciation and the Centers for Disease Control. Upon motion the document was re- ceived and filed. Iowa League of Cities: City Manager trans- mitting correspon- dence 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 Com- mission: Civil Service Commission submit- ting the certified lists of candidates for the positions of Police Officer and Water & Resource Recovery Center Plant Operator. Upon motion the docu- ments were received, filed and made a Matter of Record. Central Avenue HMA Resurfacing - Project Acceptance: City Man- ager recommending acceptance of the construction contract for the Central Avenue HMA Resurfacing Pro- ject, from 21st to 32nd Street, as completed by River City Paving, a Division of Mathy Construction Company. Upon motion the docu- ments were received and filed and Reso- lution No. 185 -12 Accepting the Central Avenue HMA Resur- facing Project, from 21st to 32nd Street, Iowa DOT Project No. ST P N - 052 -2 (106) - -2j -31 and authorizing the payment of the con- tract amount to the contractor was adopted. Human Rights Com- mission: 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): Correspon- dence from the Federal Emergency Manage- ment Agency (FEMA) regarding the City's non - technical com- ments 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 appro- val 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 appro- val of the Final Plat of Sky Blue Estates in the City of Dubuque, Iowa, was adopted. North End Neigh- borhood Trail Lighting - Project Award: City Manager recommend- ing 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 Neighbor- hood Trail Lighting Project) was adopted. Citizen Correspon- dence: Correspon- dence from Barbara Nyheim regarding her concerns about work- ing conditions at Sutton and Flora Pool concession stands. Upon motion the document was re- ceived, filed and referred to the City Manager. Mediacom All- Digital Conversion: Correspon- dence from Lee Grassley, Senior Mana- ger of Government Relations for Media - com 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 - Accep- tance of Stormwater Detention Facilities: City Manager recom- mending 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 storm - water detention facil- ities and Lot G in Eagle Valley Subdivision in the City of Dubuque, Iowa, was adopted. Harlan Street Sanitary Sewer Reconstruction - Project Acceptance: City Manager recom- mending acceptance of the construction con- tract 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. Permeable Paver Street in North Fork Trails - Project Accep- tance: City Manager recommending appro- val of a resolution amending, with con- ditions, Resolution 1 -10 accepting the main- tenance responsibility for the permeable pavement street improvements in North Fork Trails - Lots 10 -18 and Lots A and B by waiving the require- ment 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 estab- lished 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 Mana- ger recommending approval to hire six additional PTE Bus Operator positions and one PTE Dispatch position to accom- modate the two new bus routes and the reduction in hours from several current staff voluntarily reduc- ing their hours. Upon motion the documents were received, filed, and approved. Thirty -Inch Forcemain from 12th Street to 7th Street - Design Consul- tant: 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 recommend- ing approval of the bid specifications and demolition agreement to allow for the demolition of flood damages properties at 1580 Old Mill Road, ..0 •a o g u u c o u o o¢ a e n C1 1658 Manson Road, and 1654 Manson Road. Upon motion the docu- ments 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 docu- ments were received, filed, and approved. Wireless Bicycle and Pedestrian Counters for Bike /Hike Trails - STP Grant Application: City Manager transmit- ting a Letter of Support to Brian Preston, Director of the Dubu- que County Conser- vation Board, in support of the STP grant application to the Regional Planning Authority (RPA) to purchase seven wire- less bicycle /pedestrian counters for bike /hike trails. Upon motion the documents were received, filed, and approved. City Manager Employment Agree- ment - 21st Amend- ment: Submittal of the 21st Amendment to the City Manager's Employ- ment Agreement for approval. Upon motion the document was received, filed, and approved. Improvement Con- tracts / Performance, Payment and Main- tenance Bonds: Con- tract with Selco, Inc. for the 2012 Pavement Marking Project, con- tract 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 Juve- nile Services, Lease Agreement with Dubu- que County Medical Examiner. Upon motion the documents were received and filed. Alcohol License Applications: City Man- ager 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 applica- tions 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 recommend- ing authorization of the public bidding proce- dure for the 5 Points Traffic Signal Recon- struction 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, specifica- tions, form of contract, and estimated cost; and ordering the advertisement for bids (5 Points Signal Reconstruction Pro- ject) 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 appro- val of the release of the Request for Bids (RFB) for the construction of the ARC Transfer Center Phase I Project and further recom- mends 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 1 Canopy - 2012 Project preliminary approval of plans, specifications, form of contract, and esti- mated cost; setting date of public hearing on plans, specifica- tions, 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. BOARDS/ COMMISSIONS Building Code Boards of Appeals: Two 3 -year terms through August 1, 2015 (Expiring at- large term of Luch- singer and ADA term of Cruise). Applicants: Marla Cruise, 905 Rock- dale Road (ADA Repre- sentative); Richard Luch- singer, 2875 Brueck Road (At- Large). Mo- tion by Braig to reappoint Marla Cruise and Richard Luchsinger to 3 -year terms. Seconded by Jones. Motion carried 7 -0. Catfish Creek Water- shed Management Authority: Two repre- sentatives 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 Toma- hawk 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 Gianna- kouros; Braig, Buol, Connors, Lynch, Res- nick, and Sutton for Hoyer; Jones for Win - terwood; and Braig and Resnick for Hoffman. STATE OF IOWA DUBUQUE COUNTY CERTIFICATION ( I, Suzanne Pike, a Billing Clerk for V corporation, publisher of the Telegral published in the City of Dubuque, Cc certify that the attached notice was p1 dates: July 25, 2012, and for which d Subscribed to before me, a Notary Pu this day of 1VI»»>v Ol 4311 111M 31VS J3SVH3afld 3H1 83,124 Id 3O 1H9I8 111M f101 A]MIV3 /,IIMNV3-3NO 3 33N301S38 101S3d VOA A1a3d0ad fW lt - oas 'uol epuawwooaJ aqT anOJdde pue sTuawn3op aqT all} pue anlaoaJ oT saouuo0 Aq uoiloNJ RiuogfnV Tuaw - a6euow pagsaaaeM ){aaJ3 gsIJTe3 aqT uo anlTeTuasaadaa gels oqT se suaMsae3 eJnel Ja6eueW saolnJas 6ulu -Veld }o TuawTUlodde 5uIpuawwooaJ aa6e agT Te l go paTe4s Jetwri} pue plq anlsuodseJ al; se plq euAoM aqT }o Taoddns ul amods 'amoi `Japa)113 }o suns eu,0V0 Y•3 00 J01 PJ- IV pUe sp!dea 1ep80 TS PaF SLIT `011PH goo CauJOTTV '>7 . Aq papuooas 'T asegd •ToaloJd ZIOZ seillhTn'8 Zoning Board of Adjustment: One 5- year term through March 25, 2017 (Expiring term of Gibbs). Applicant: Wil- liam 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 allow- ing anyone to address the City Council. ' Theisen Supply, Inc. Expansion: Proof of publication on notice of public hearing to consider the dispo- sition of approximately 5.7 acres 'in the Dubuque Industrial Center West to Leo Theisen for the purpose of construct- ing an 80,000 square foot warehouse expan- sion and the City Manager recommend- ing 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 & Rosa- lie 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 Com- mission recommending approval. Motion by Connors to receive and file the documents and that the requirement that a proposed ordi- nance 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 Ser- vices 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 herein- after described proper- ty located at 1172 Main Street from C -4 Downtown Commercial District to OC Office Commercial District. Seconded by Braig. Motion carried 7 -0. Rezoning Request - Lot 3 Knepper Addition (1834 Creekwood Drive): Proof of pub- lication 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) con- current with annex- ation, from County Agricultural to City R -1 Single Family Residen- tial District and the Zoning Advisory Com- mission recommending approval. Motion by Connors to receive and file the documents and that the requirement that a proposed ordi- nance 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 Ser- vices Manager Laura Carstens provided a staff report. Attorney Greg Rhemke, 700 Lo- cust St., spoke in sup- port 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 herein- after described proper- ty, in conjunction with annexation, located at 1834 Creekwood Drive From County C -1 and R- 2 to City R -1 Single - Family Residential Dis- trict. Seconded by Braig. Motion carried 7 -0. Sewer Revenue Capital Loan Notes oT " sauo Aq UO00N •anbeal 31"I3 12U01}PN woo panl®oaJ anbngna } 40 RTIO 0111 40114 paeMV 'TI3 eouawV IIV ZTOZ 014 pa4uesaJd pue use-15 -OJd 6ulpea8 ap0J9 piE aqT uo uoITeluasaJd apps e pa4uasaJd unob -n nG }o uoalep Q ....,u.nn log Annexation Request - C3 Investments (Knep- per Addition): (This public hearing was acted upon under Action Item No. 6) Upon motion the rules were reinstated limit- ing discussion to the City Council. ACTION ITEMS 2012 All- America City Award: Eric Dregne, Director of Programs for the Community Foundation of Dubu- que, 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. Seconded by Connors. Motion carried 7 -0. Automated Traffic Enforcement: City Man- ager recommending approval of Automated Traffic Enforcement for the City of Dubuque. Motion by Connors to receive and file the documents and con- sider 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. Sec- onded 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 Auto- mated Traffic Enforce- ment and City's current traffic manage- ment system respec- tively. 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, llth; Elm and Pine Streets: City Man- ager recommending approval of the conversion of Ninth, Tenth, Eleventh, Elm and Pine Streets from one -way to two -way traffic. Correspon- dence from William Kramer of CueMaster Billiards expressing concerns about the traffic conversion. Correspondence and materials from Dubu- que Main Street in support of the traffic conversion and Exec- utive 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 con- version 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 in- cluded 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 Man- ager recommending approval of Fiscal Year 2013 Purchase of Services Agreements. Motion by Jones to receive and file and approvethe recommen- dation. Seconded by Connors. Motion car- ried 7 -0. Final Plat - North Ridge Estates: City Manager recommend- ing approval of the au, ul sa10e L'S nlalewlxoJdde }o uoITls odslp aqT Japisuoo oT 6uueaq oIlgnd 40 aolTou uo uoileollgnd }o }ooad :uolsuedx3 oul 'AlddnS uasla ll •llouno0 RTl3 aqT auoAtre 6u! -wo e o uedssns aaann -MO1ie 1e PaP coin 041110110W uod fl 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 im- provement 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 Disburse- ment Agreement: City Manager recommend- ing approval of the suggested proceedings for amending the loan and disbursement agreement between the City of Dubuque and the Iowa Finance Authority and author- izing 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 author- izing Amendment to Loan and Disburse- ment Agreement by and between the City of Dubuque and the Iowa Finance Author- ity, and authorizing and providing for the issuance of the $74,285,000 Sewer Re- venue Capital Loan Note, Series 2010E, of the City. Seconded by Braig. Motion carried 7 -0. Taxable General Obligation Bonds Series 2012C Amend- ment: City Manager recommending appro- val of the suggested proceedings for amending Resolution No. 160 -12 authorizing issuance of $6,965,000 Taxable General Obli- gation 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. Request to Rezone - 16th Street and Kerper Boulevard: City Man- ager recommending rezoning property located at the southwest corner of 16th Street and Kerper Boulevard as re- quested 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. Sec- onded 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 herein- after described pro- perty located at the southwest corner of 16th Street and Kerper Boulevard from PO5 Public Open Space District to C -3 General Commercial District. Seconded by Resnick. Motion carried 7 -0. Social Host Ordi- nance: City Manager recommending adop- tion 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 mending approval of the selection of Sungard OSSI as the provider of the replacement public safety software. Mo- tion by Jones to receive and file the documents and approve the recom- mendation. Seconded by Resnick. Motion carried 7 -0. Catfish Creek Water- shed Management Authority: City Man- ager recommending appointment of Plan- ning Services Manager Laura Carstens as the staff representative on the Catfish Creek Watershed Manage- ment Authority. Motion by Connors to receive and file the documents and approve the recommendation. Sec- onded by Braig. Motion carried 7 -0. Sustainable Dubuque - Quarterly Work Ses- sion Request: City Manager requesting approval to schedule the Sustainable Dubu- que 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. Sec- onded by Braig. Motion carried. 7 -0. COUNCIL MEMBER REPORTS Council Member Resnick recognized the recent Art on the River installation and recep- tion and encouraged citizens to vote online for their favorite piece. Mayor Buol provided an update on his recent trip to Sing- apore 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 It 7/25 STATE F IO \\ A {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulatic published in the City of Dubuque, County of Dubuque and State of Iowa; hereb} certify that the attached notice was published in said newspaper on the followin€ dates: July 25, 2012, and for which the charge is $419.12. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this day of , 20 4,7. . otary Public in and for Dubuque County, Iowa. ti', VrES'fGf?ivF1'I�� mllIlorl f,..IIJmbor 1S4l$5 File the documents and that the requirement that a proposed ordi- nance 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 Ser- vices 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 herein- after described proper- ty located at 1172 Main Street from C -4 Downtown Commercial District to OC Office Commercial District. Seconded by Braig. Motion carried 7 -0. Rezoning Request - Lot 3 Knepper Addition (1834 Creekwood Drive): Proof of pub- lication 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) con- current with annex- ation, from County Agricultural to City R -1 Single Family Residen- tial District and the Zoning Advisory Com- mission recommending approval. Motion by Connors to receive and file the documents and that the requirement that a proposed ordi- nance 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 Ser- vices Manager Laura Carstens provided a staff report. Attorney Greg Rhemke, 700 Lo- cust St., spoke in sup- port 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 herein- after described proper- ty, in conjunction with annexation, located at 1834 Creekwood Drive From County C -1 and R- 2 to City R -1 Single - Family Residential Dis- trict. Seconded by Braig. Motion carried 7 -0. Sewer Revenue Capital Loan Notes (SRF Sponsored Pro- ject): Proof of Publi- cation on notice of public hearing to con- sider the issuance of, and additional action on, not to exceed $9,400,000 Sewer Reve- nue Capital Loan Notes (State Revolving Fund Sponsored Project) and the City Manager recommending appro- val. Motion by Braig to receive and file the documents and adopt Resolution No. 195 -12 Instituting proceedings to take additional action for the author- ization of a loan and disbursement agree- ment and the issuance of not to exceed $9,400,000 Sewer Reve- nue 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 appro- val. 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. tively. 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 Man- ager recommending approval of the conversion of Ninth, Tenth, Eleventh, Elm and Pine Streets from one -way to two -way traffic. Correspon- dence from William Kramer of CueMaster Billiards expressing concerns about the traffic conversion. Correspondence and materials from Dubu- que Main Street in support of the traffic conversion and Exec- utive 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 con- version 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 in- cluded 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 Man- ager recommending approval of Fiscal Year 2013 Purchase of Services Agreements. Motion by Jones to receive and file and approve the recommen- dation. Seconded by Connors. Motion car- ried 7 -0. Final Plat - North Ridge Estates: City Manager recommend- ing 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. Sec- onded by Braig. Motion carried 7 -0. Annexation Request - C3 Investments (Knep- per 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 Subdivi- sion, legally described as Lot 3 of the Final Plat of Knepper Addition and the City Manager recommend- ing approval. Upon motion the rules were suspended allow- ing 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 annexa- tion 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 ment Agreement by and between the City it 7/25 of Dubuque and the Iowa Finance Author- ity, and authorizing and providing for the issuance of the $74,285,000 Sewer Re- venue Capital Loan Note, Series 2010E, of the City. Seconded by Braig. Motion carried 7 -0. Taxable General Obligation Bonds Series 2012C Amend- ment: City Manager recommending appro- val of the suggested proceedings for amending Resolution No. 160 -12 authorizing issuance of $6,965,000 Taxable General Obli- gation 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. Request to Rezone - 16th Street and Kerper Boulevard: City Man- ager recommending rezoning property located at the southwest corner of 16th Street and Kerper Boulevard as re- quested 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. Sec- onded 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 herein- after described pro- perty located at the southwest corner of 16th Street and Kerper Boulevard from P0S Public Open Space District to C -3 General Commercial District. Seconded by Resnick. Motion carried 7 -0. Social Host Ordi- nance: City Manager recommending adop- tion 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. Sec- onded by Braig. Responding to ques- tions from City Council, Police Chief Mark Dalsing 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 Regu- lation of Social Hosts. Seconded by Braig. Motion carried 7 -0. Historic Preservation Commission: Commis- sioner Chris Wand submitting his resig- nation 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 Soft- ware Vendor Selection: City Manager recom- CMC, City Clerk