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Proof of Publication_City Council Proceedings 8 20 12CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION The Dubuque City Council met in special session at 4:30 p.m. on August 20, 2012 at the Water & Resource Recovery Center, 795 Julien Dubuque Drive. Present: Mayor Buol; Council Members Braig, Lynch, Sutton; City Manager Van Milligen. Council Members Jones and Resnick, and City Attorney Lindahl joined at 4:40 p.m. Absent: Council Member Connors Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting a work session tour of the Water & Resource Recovery Center Renovation Project. WORK SESSION Tour - Water & Resource Recovery Center Water & Resource Recovery Center Man- ager Jonathon Brown and Adam Klass of Unison Solutions pro- vided a tour of portions of the interior and exterior areas of the W &RRC and provided an overview of the functions of each area. Highlights included the laboratory, recovered waste water used for the heating /cooling system and the anaerobic digester and methane gas pro- cessing systems. There being no further business, upon motion the City Council adjourned at 5:15 p.m. Kevin S. Firnstahl, CMC, City Clerk it 8/29 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on August 20, 2012 in the Historic Federal Build- ing, 350 W. 6th Street. Present: Mayor Buol; Council Members Braig (joined at 6:36 p.m.), Connors, Jones, Lynch, Pocntck. Sutton. City (August 25, 2012) was accepted by Mayor Buol; Civic Awareness Month (September 2012) was accepted by Mayor Buol; Life Insur- ance Awareness Month (September 2012) was accepted by Ron McDonald of Bradley Beck & McDonald and the Dubuque Associa- tion of Insurance and Financial Advisors; and Rod Bremer of North- western Mutual Life Insurance Company; United Way Campaign Time (September 2012) was accepted by Campaign Co -Chair Judy Wolf, 215 W. 6th Street. PRESENTATION City Manager Van Milligen introduced Alvin Nash, the newly appointed Housing and Community Develop - mentDepartmentDirec- tor. Mr. Nash spoke regarding his back- ground and qualifica- tions. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Resnick. Scott Kunde of Wenzel Towing, 3195 Hughes Court requested ( #16) 2013 -2015 Towing Con- tract Recommendation be held for separate discussion. Motion car- ried 7 -0. Minutes and Reports Submitted: Arts and Cultural Affairs Advi- sory Commission of 6/26, City Council proceedings of 8/6, Investment Oversight Advisory Commission of 7/25, Library Board of Trustees of 6/8, Park and Recreation Advi- sory Commission of 12/13/11 through 7/10/12 and Work Session of 7/24, Zoning Advisory Commission of 8 /1, Zoning Board of Adjustment of 7/26, Proof of publication for City Council proceed- ings of 7/16. Upon motion the documents were received and filed. Notice of Claims and Suits: Melissa and Chad Driscoll for property damage and Spahn & Rose Lumber, Co. vs. City of Dubuque for property damage at 925 Kerper Blvd. 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: Melissa Driscoll for property damage. Upon motion the documents were received, filed and concurred. U.S. Department of Housing and Urban Development (HUD): Correspondence from Yolanda Chaves, Depu- ty Assistant Secretary for Grant Programs with HUD, requesting that the City resolve all open Community and Botanical Gardens thanking the City for the grant that was received through the Dubuque Metropolitan Area Solid Waste Agency (DMASWA) applied toward mater- ials and labor of six recycling bins. Upon motion the document was received and filed. Sustainable Dubuque Project Status Update: City Manager submit- ting the Sustainable Dubuque Project Status Update for July 2012. Upon motion the documents were received and filed. 5 Points Traffic Signal Reconstruction Project Rebid Award: City Manager recommend- ing bid award of the 5 Points Traffic Signal Reconstruction Project to the low bidder, Portzen Construction. Upon motion the documents were received and filed and Resolution No. 216 -12 Awarding construction contract for 5 Points Traffic Signal Recon- struction Rebid Project was adopted. Citizen Correspon- dence - That's My Dog: Correspondence from Robin MacFarlane, President of That's My Dog, in favor of repealing the ban on dogs in City parks. Upon motion the documents were received and filed. Phase VI Historical/ Architectural Survey and Evaluation Grant Application: City Man- ager recommending approval of a State Historic Preservation Office for Historic Resource Development Program grant funds application for the Phase VI Historic/ Architectural Survey and Evaluation. Upon motion the documents were received and filed and Resolution No. 217- 12 Authorizing HRDP Grant Application to the State Historical Society of Iowa for Phase VI Historic/ Architectural Survey and Evaluation was adopted. Dubuque County Multi - Jurisdictional Hazard Mitigation Plan: City Manager recommend- ing adoption of the Dubuque County -Wide Multi- Jurisdictional Hazard Mitigation Plan, as completed by the East Central Inter- governmental Associa- tion. Upon motion the documents were received and filed and Resolution No. 218 -12 Approving the adopt- ing of the Dubuque County Multi- Juris- dictional Hazard Mitigation Plan, and requesting approval of Plan at the federal level was adopted. Explosives Detection K9 Acquisition: City Manager recommend- ing acquisition of an explosives detection K9. Upon motion the documents were received, filed, and approved. Human Rights Com- mission: Commissioner Kurt Hansen submit- frontage for Lot 6. Upon motion the documents were received and filed and Resolution No. 219 -12 Approving the Final Plat of Patricia Ann Acres Subdivision No. 3 in the City of Dubuque, Iowa, was adopted. Smart Growth Devel- opment Funding: City Manager recommend- ing that the City contribute $2,000 from the Economic Devel- opment Department Federal Initiatives budget to statewide Smart Growth Develop- ment as they try to improve the funding levels for historic rehabilitation projects. Upon motion the documents were received, filed, and approved. AmeriCorps Partners in Learning Grant Award 12 -13 (Grant 12- AC-13): City Manager recommending appro- val of the grant agreement with the Iowa Commission on Volunteer Service for the City of Dubuque AmeriCorps Program. Upon motion the documents were received, filed, and approved. 2013 -2015 Towing Contract - Recommen- dation: City Manager recommending the award of the City of Dubuque 2013- 2015 Towing Contract to Burt Steve and Son Garage, Inc. Restated motion by Connors to receive and file the documents and ap- prove the recommen- dation. Seconded by Lynch. Scott Kunde of Wenzel Towing, 3195 Hughes Court, cited several concerns he had with the evaluation process and why he believed the selected vendor did not meet the required bid criteria. Assistant Police Chief Terry Tobin responded to questions from City Council and explained the selection commit- tee's evaluation pro- cess and reasoning. Motion carried 7 -0. Ramona Street - Project Acceptance: City Manager recom- mending acceptance of the public improve- ment and authorization of the final payment for the Ramona Street and Pamela Court Panel Replacement Project. Upon motion the documents were received and filed and Resolution No. 220 -12 Accepting the Ramona Street Panel Replace- ment, from Mt. Loretta to Adeline Street Project, and author- izing the payment of the contract amount to the contractor was adopted. Improvement Con- tracts / Performance, Payment and Main- tenance Bonds: Tom Kueter Construction, Co., Inc. for Dubuque Industrial Center South Grading and Utilities 2012 Phase I Rebid. Upon motion the documents were received and filed. was received, filed, and approved. Business License Refund: Request of Michael Schmidt for a refund of the liquor license for Bowling & Beyond in the amount of $422.50. Upon motion the documents were received, filed, and approved. Alcohol License Renewals: City Man- ager recommending approval of annual liquor, beer, and wine licenses as submitted. Upon motion the documents were received and filed and Resolution No. 221 -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 Connors 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 Lynch. Motion carried 7 -0. SEP Green Alley Project: City Manager recommending that public hearing be set for September 4, 2012 to consider the preliminary approval of plans and specifi- cations for the SEP Green Al ey Project (between Jackson and Washington Streets from 16th to 17th and between Jackson and White Streets from 17th to 18th). Upon motion the documents were received and filed and Resolution No. 222- 12 Preliminary appro- val 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 SEP Green Alley Project (between Jackson and Washington Streets from 16th to 17th Streets and between Jackson and White Streets from 17th to 18th Streets) was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on September 4, 2012 in the Historic Federal Building. FedEx - Vacate of Storm Sewer: City Manager recommend- ing that a public hearing be set for September 4, 2012 to consider vacating a Storm Sewer Easement and Blanket Access Easement - Lot 1 Dubuque Industrial Center North Second Addition. Upon motion the documents were received and filed and Resolution No. 223 -12 Resolution of Intent to vacate and dispose of COMMISSIONS Appointments made at this meeting: Airport Commission: One 4 -year term through September 14, 2016 (Expiring term of Wagner). Applicants: Amy Wagner, 4555 Camelot Dr.; Robert J. Blocker, 880 Kane St. Upon unanimous roll call vote, Amy Wagner was appointed to the Airport Commission for a 4 -year term through September 14, 2016. Historic Preservation Commission: Three 3- year terms: One Architect term (vacant term of Wand effective September 1, 2012) through July 1, 2014; One At -Large term (expired term of Krueger) through July 1, 2015; One Cathedral District term (vacant interim term of Krey) through July 1, 2014. Applicants: Otto Krue- ger, 2521 Wheatland Drive; Julie Schlarman, 1599 Bluff St.; Benjamin Beard, 1854 Churchill St.; Christina Monk, 2005 North Main St.. Upon roll call vote Julie Schlarman (Buol, Con- nors, Resnick, Braig) was appointed to the Interim Cathedral His- toric District position, Otto Krueger (Buol, Jones, Lynch, Sutton) was appointed to the At -Large Position, and Christina Monk (Buol, Connors, Jones, Lynch, Resnick, Braig) was appointed to the Architect position. Housing Commission: Three 3 -year terms through August 17, 2015 (Expiring terms of Culbertson and Holz and Vacant term of Ronek).Applicants:Dor- othy Culbertson, 2095 University Ave.; Anna S. Fernandes, 2191 Broadlawn Rd.; and Jim Holz, 3010 Indiana Court. Motion by Con- nors to appoint Doro- thy Culbertson, Anna Fernandes, and Jim Holz to the Housing Commission for 3 -year terms through August, 17, 2015. Seconded by Braig. Motion carried 7-0. PUBLIC HEARINGS Upon motion the rules were suspended allow- ing anyone present to address the City Council. Sale of Property - 1777 Washington Street: Proof of publication on notice of public hearing to consider the sale of property located at 1777 Washington Street to Alberto Luna and the City Manager recommending appro- val. Motion. by Braig to receive and file the documents and adopt Resolution No. 224 -12 Approving the sale of real estate located at 1777 Washington Street, in the City of Dubuque, Iowa. Seconded by Jones. Motion carried 7-0. Sale of Property - 2312 Washington Street: Proof of publication on notice of public hearing to consider the sale of property located at 2312 Washington ing discussion to the City Council. ACTION ITEMS Project HOPE Update: Eric Dregne, Vice President of Programs for the Community Foundation of Greater Dubuque, provided a slide presentation on the activities of Project HOPE. Motion by Connors to receive and file the information. Seconded by Braig. Motion carried 7 -0. Meter District Amendment - Historic Millwork District (Sec- ond Reading): City Manager recommend- ing approval of an Ordinance expanding the Downtown Meter District to include White Street from 5th Street to llth Street on both sides, 8th Street both sides White Street to Washington, 9th Street both sides White Street to Elm Street, 10th Street both sides from White Street to Elm Street, llth Street both sides from White Street to Elm Street, Jackson Street both sides from 8th Street to llth Street, and Washington Street both sides from 8th Street to llth Street. Motion by Jones to consider the second reading of a proposed ordinance amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 14 Parking, Section 9 -14- 321.666 Municipal Park- ing Meter District Established by Expand- ing the Downtown Meter District. Sec- onded by Braig. Resnick stated that he believes the City will be reasonable with the service and install meters only as development dictates. Motion carried 5 -2 with Lynch and Sutton voting nay. Dubuque Peace and Justice: Correspon- dence from Richard Fischer of Dubuque Peace and Justice requesting the City of Dubuque apply for membership in Mayors for Peace, which supports the abolition of nuclear weapons by August 6, 2020. Motion by Connors to receive and file the documents and accept the invitation to apply for membership. Seconded by Braig. Richard Fischer of Dubuque Peace and Justice, 656 Molony Road, Bernard, spoke regarding the mission of the Mayor for Peace. Motion carried 7 -0. Social Host Ordinance Amendment: City Man- ager recommending the addition of a reference to City Code Section 1 -4 -1 to the ordinance allowing for a criminal penalty for violations of the ordinance. Motion by Connors to receive and file the documents and that the requirement that a proposed ordnance be con- sidered and voted on for passage at two Council meetings prior new Article E, Social Host Responsibility, clarifying the definition of Social Host as defined in Section 7 -5E- 2 and establishing that a violation of Section 7- 5E-4 is a Municipal Infraction or Misde- meanor. Seconded by Resnick. Motion car- ried 7 -0. Control of Vehicle Ordinance Amend- ment: City Manager recommending City Code Section 9 -7- 321.288 Control of Vehicle be amended so that the word "bridge" will be deleted from Section B3 and the designation "road work zone," will replace descriptive terminol- ogy in Section B6 making the ordinance consistent with State Code. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be consi- dered 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. Motion carried 7 -0. Motion by Connors for final consideration and passage of Ordinance No. 47 -12 Amending Cty of Dubuque Code of Ordinances Title 9 Motor Vehic es and Traffic, Chapter 7 Oper- ation, Section 9 -7 -321. 288 Control of Vehicle to mirror the Iowa Code revision which removes bridge from B(3) and modifies the provision on construc- tion to use road work zone for consistency as a term defined by the Iowa Code. Seconded by Braig. Motion carried 7 -0. Dubuque Metropol- itan Area Solid Waste Agency Landfill Cell #9 Project: City Manager recommending sche- duling a City Council work session for September 17, 2012, at 4:30 p.m. to tour the Dubuque Metropolitan Area Solid Waste Agency Landfill Cell #9 Project. Motion by Braig to receive and file the documents and set the the work ses- sion as recommended. Seconded by Jones. Motion carried 7 -0. CLOSED SESSION Motion by Jones to convene in closed session at 7:47 p.m. regarding pending litigation and property acquisition pursuant to Chapter 21.5(1)(c)(j) Code of Iowa. Seconded by Braig. Motion carried 7 -0. Upon motion, the City Council reconvened in open session at 7:55 p.m. stating that staff had been given proper direction. There being no further business, upon motion the City Council adjourned at 7:56 p.m. Kevin S. Firnstahl, CMC, City Clerk 1t 8/29 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: August 29, 2012, and for which the charge is $270.83. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this jeqv day of , 20 / . Notary Public in and for Dubuque County, Iowa. MARY K. WISTL I`1MEYER Commlujon MiT9)np 144110 I Hi-d CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION The Dubuque City Council met in special session at 4:30 p.m. on August 20, 2012 at the Water & Resource Recovery Center, 795 Julien Dubuque Drive. Present: Mayor Buol; Council Members Braig, Lynch, Sutton; C ty Manager Van Milligen. Council Members Jones and Resnick, and City Attorney Lindahl joined at 4:40 p.m. Absent: Council Member Connors Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting a work session tour of the Water & Resource Recovery Center Renovation Project. WORK SESSION Tour - Water & Resource Recovery Center Water & Resource Recovery Center Man- ager Jonathon Brown and Adam Klass of Unison Solutions pro- vided a tour of portions of the interior and exterior areas of the W &RRC and provided an overview of the functions of each area. Highlights included the laboratory, recovered waste water used for the heating /cooling system and the anaerobic digester and methane gas pro- cessing systems. There being no further business, upon motion the City Council adjourned at 5:15 p.m. Kevin S. Firnstahl, CMC, City Clerk 1t 8/29 CITY OF DUBUQUE, IOWA CITY COUNCIL • PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on August 20, 2012 in the Historic Federal Build- ing, 350 W. 6th Street. Present: Mayor Buol; Council Members Braig (joined at 6:36 p.m.). 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 PROCLAMATIONS Irish Hooley Day (August 25, 2012) was accepted by Mayor Buol; Civic Awareness Month (September 2012) was accepted by Mayor Buol; Life Insur- ance Awareness Month (September 2012) was accepted by Ron McDonald of Bradley Beck & McDonald and the Dubuque Associa- tion of Insurance and Financial Advisors; and Rod Bremer of North- western Mutual Life Insurance Company; United Way Campaign Time (September 2012) was accepted by Campaign Co -Chair Judy Wolf, 215 W. 6th Street. PRESENTATION City Manager Van Milligen introduced Alvin Nash, the newly appointed Housing and Community Develop - mentDepartmentDirec- tor. Mr. Nash spoke regarding his back- ground and qualifica- tions. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Resnick. Scott Kunde of Wenzel Towing, 3195 Hughes Court requested ( #16) 2013 -2015 Towing Con- tract Recommendation be held for separate discussion. Motion car- ried 7 -0. Minutes and Reports Submitted: Arts and Cultural Affairs Advi- sory Commission of 6/26, City Council proceedings of 8/6, Investment Oversight Advisory Commission of 7/25, Library Board of Trustees of 6/8, Park and Recreation Advi- sory Commission of 12/13/11 through 7/10/12 and Work Session of 7/24, Zoning Advisory Commission of 8/1, Zoning Board of Adjustment of 7/26, Proof of publication for City Council proceed- ings of 7/16. Upon motion the documents were received and filed. Notice of Claims and Suits: Melissa and Chad Driscoll for property damage and Spahn & Rose Lumber, Co. vs. City of Dubuque for property damage at 925 Kerper Blvd. 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: Melissa Driscoll for property damage. Upon motion the documents were received, filed and concurred. U.S. Department of Housing and Urban Development (HUD): Correspondence from Yolanda Chaves, Depu- ty Assistant Secretary for Grant Programs with HUD, requesting that the City resolve all open Community Development Block Grant (CDBG) activities as identified in the Inspector General's 2011 audit of the CDBG program. Upon motion the documents were received, filed and referred to the City Manager. Dubuque Arboretum and Botanical Gardens: Correspondence from Jack Frick, Board President of the Dubuque Arboretum and Botanical Gardens thanking the City for the grant that was received through the Dubuque Metropolitan Area Solid Waste Agency (DMASWA) applied toward mater- ials and labor of six recycling bins. Upon motion the document was received and filed. Sustainable Dubuque Project Status Update: City Manager submit- ting the Sustainable Dubuque Project Status Update for July 2012. Upon motion the documents were received and filed. 5 Points Traffic Signal Reconstruction Project Rebid Award: City Manager recommend- ing bid award of the 5 Points Traffic Signal Reconstruction Project to the low bidder, Portzen Construction. Upon motion the documents were received and filed and Resolution No. 216 -12 Awarding construction contract for 5 Points Traffic Signal Recon- struction Rebid Project was adopted. Citizen Correspon- dence - That's My Dog: Correspondence from Robin MacFarlane, President of That's My Dog, in favor of repealing the ban on dogs in City parks. Upon motion the documents were received and filed. Phase VI Historical/ Architectural Survey and Evaluation Grant Application: City Man- ager recommending approval of a State Historic Preservation Office for Historic Resource Development Program grant funds application for the Phase VI Historic/ Architectural Survey and Evaluation. Upon motion the documents were received and filed and Resolution No. 217- 12 Authorizing HRDP Grant Application to the State Historical Society of Iowa for Phase VI Historic/ Architectural Survey and Evaluation was adopted. Dubuque County Multi - Jurisdictional Hazard Mitigation Plan: City Manager recommend- ing adoption of the Dubuque County -Wide Multi - Jurisdictional Hazard Mitigation Plan, as completed by the East Central Inter- governmental Associa- tion. Upon motion the documents were received and filed and Resolution No. 218 -12 Approving the adopt- ing of the Dubuque County Multi- Juris- dictional Hazard Mitigation Plan, and requesting approval of Plan at the federal level was adopted. Explosives Detection K9 Acquisition: City Manager recommend- ing acquisition of an explosives detection K9. Upon motion the documents were received, filed, and approved. Human Rights Com- mission: Commissioner Kurt Hansen submit- ting his resignation from the Human Rights Commission. Upon motion the document was received, filed and the resignation accepted. Final Plat - Patricia Ann Acres Subdivision No. 3: Zoning Advisory Commission recom- mending approval of the Final Plat of Patricia Ann Acres Subdivision No. 3 subject to waiving lot frontage for Lot 6. Upon motion the documents were received and filed and Resolution No. 219 -12 Approving the Final Plat of Patricia Ann Acres Subdivision No. 3 in the City of Dubuque, Iowa, was adopted. Smart Growth Devel- opment Funding: City Manager recommend- ing that the City contribute $2,000 from the Economic Devel- opment Department Federal Initiatives budget to statewide Smart Growth Develop- ment as they try to improve the funding levels for historic rehabilitation projects. Upon motion the documents were received, filed, and approved. AmeriCorps Partners in Learning Grant Award 12 -13 (Grant 12- AC-13): C'ty Manager recommending appro- val of the grant agreement with the Iowa Commission on Volunteer Service for the City of Dubuque AmeriCorps Program. Upon motion the documents were received, filed, and approved. 2013 -2015 Towing Contract - Recommen- dation: City Manager recommending the award of the City of Dubuque 2013- 2015 Towing Contract to Burt Steve and Son Garage, Inc. Restated motion by Connors to receive and file the documents and ap- prove the recommen- dation. Seconded by Lynch. Scott Kunde of Wenzel Towing, 3195 Hughes Court, cited several concerns he had with the evaluation process and why he believed the selected vendor did not meet the required bid criteria. Assistant Police Chief Terry Tobin responded to questions from City Council and explained the selection commit- tee's evaluation pro- cess and reasoning. Motion carried 7 -0. Ramona Street - Project Acceptance: City Manager recom- mending acceptance of the public improve- ment and authorization of the final payment for the Ramona Street and Pamela Court Panel Replacement Project. Upon motion the documents were received and filed and Resolution No. 220 -12 Accepting the Ramona Street Panel Replace- ment, from Mt. Loretta to Adeline Street Project, and author- izing the payment of the contract amount to the contractor was adopted. Improvement Con- tracts / Performance, Payment and Main- tenance Bonds: Tom Kueter Construction, Co., Inc. for Dubuque Industrial Center South Grading and Utilities 2012 Phase I Rebid. Upon motion the documents were received and filed. University of Dubuque "Light Up Chalmers" - 2012 Fireworks Re- quest: Correspondence from Ross Salwolke, Security Officer for The University of Dubuque, requesting permission to conduct a fireworks display on September 1, 2012 starting at ap- proximately 9:25 p.m. on the baseball field at the south point of the left field line. Upon motion the document was received, filed, and approved. Business License Refund: Request of Michael Schmidt for a refund of the liquor license for Bowling & Beyond in the amount of $422.50. Upon motion the documents were received, filed, and approved. Alcohol License Renewals: City Man- ager recommending approval of annual liquor, beer, and wine licenses as submitted. Upon motion • the documents were received and filed and Resolution No. 221 -12 Approving applications for beer, liquor, and /or wine permits, as required by City of Dubuque Code of Ordinances Tit e 4 Business and L cense Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. ITEMS TO BE SET FOR PUBLIC NEARING Motion by Connors 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 Lynch. Motion carried 7 -0. SEP Green Alley Project: City Manager recommending that public hearing be set for September 4, 2012 to consider the preliminary approval of plans and specifi- cations for the SEP Green Alley Project (between Jackson and Washington Streets from 16th to 17th and between Jackson and White Streets from 17th to 18th). Upon motion the documents were received and filed and Resolution No. 222- 12 Preliminary appro- val 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 SEP Green Alley Project (between Jackson and Washington Streets from 16th to 17th Streets and between Jackson and White Streets from 17th to 18th Streets) was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on September 4, 2012 in the Historic Federal Building. FedEx - Vacate of Storm Sewer: City Manager recommend- ing that a public hearing be set for September 4, 2012 to consider vacating a Storm Sewer Easement and Blanket Access Easement - Lot 1 Dubuque Industrial Center North Second Addition. Upon motion the documents were received and filed and Resolution No. 223 -12 Resolution of Intent to vacate and dispose of City interest in storm sewer and access easements over and across a part of Lot 1 of Dubuque Industrial Center North Second Addition in the City of Dubuque, Iowa, was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on September 4, 2012 in the Historic Federal Building. BOARDS/ COMMISSIONS Appointments made at this meeting: Airport Commission: One 4 -year term through September 14, 2016 (Expiring term of Wagner). Applicants: Amy Wagner, 4555 Camelot Dr.; Robert J. Blocker, 880 Kane St. Upon unanimous Toll call vote, Amy Wagner was appointed to the Airport Commission for a 4 -year term through September 14, 2016. Historic Preservation Commission: Three 3- year terms: One Architect term (vacant term of Wand effective September 1, 2012) through July 1, 2014; One At -Large term (expired term of Krueger) through July 1, 2015; One Cathedral District term (vacant interim term of Krey) through July 1, 2014. Applicants: Otto Krue- ger, 2521 Wheatland Drive; Julie Schlarman, 1599 Bluff St.; Benjamin Beard, 1854 Churchill St.; Christina Monk, 2005 North Main St.. Upon roll call vote Julie Schlarman (Buol, Con- nors, Resnick, Braig) was appointed to the Interim Cathedral His- toric District position, Otto Krueger (Buol, Jones, Lynch, Sutton) was appointed to the At -Large Position, and Christina Monk (Buol, Connors, Jones, Lynch, Resnick, Braig) was appointed to the Architect position. Housing Commission: Three 3 -year terms through August 17, 2015 (Expiring terms of Culbertson and Holz and Vacant term of Ronek).Applicants:Dor- othy Culbertson, 2095 University Ave.; Anna S. Fernandes, 2191 Broadlawn Rd.; and Jim Holz, 3010 Indiana Court. Motion by Con- nors to appoint Doro- thy Culbertson, Anna Fernandes, and Jim Holz to the Housing Commission for 3 -year terms through August, 17, 2015. Seconded by Braig. Motion carried 7 -0. PUBLIC HEARINGS Upon motion the rules were suspended allow- ing anyone present to address the City Council. Sale of Property - 1777 Washington Street: Proof of publication on notice of public hearing to consider the sale of property located at 1777 Washington Street to Alberto Luna and the City Manager recommending appro- val. Motion. by Braig to receive and file the documents and adopt Resolution No. 224 -12 Approving the sale of real estate located at 1777 Washington Street, in the City of Dubuque, Iowa. Seconded by Jones. Motion carried 7 -0. Sale of Property - 2312 Washington Street: Proof of publication on notice of public hearing to consider the sale of property located at 2312 Washington Street to Jude E. Root and the City Manager recommending appro- val. Motion by Connors to receive and file the documents and adopt Resolution No. 225 -12 Approving the sale of real estate located at 2312 Washington Street, in the City of Dubuque, Iowa. Sec- onded by Braig. Motion carried 7 -0. Upon motion the rules were reinstated limit- ing discussion to the City Council. ACTION ITEMS Project HOPE Update: Eric Dregne, Vice President of Programs for the Community Foundation of Greater Dubuque, provided a slide presentation on the activities of Project HOPE. Motion by Connors to receive and file the information. Seconded by Braig. Motion carried 7 -0. Meter District Amendment - Historic Millwork District (Sec- ond Reading): City Manager recommend- ing approval of an Ordinance expanding the Downtown Meter District to include White Street from 5th Street to llth Street on both sides, 8th Street both sides White Street to Washington, 9th Street both sides White Street to Elm Street, 10th Street both sides from White Street to Elm Street, llth Street both sides from White Street to Elm Street, Jackson Street both sides from 8th Street to llth Street, and Washington Street both sides from 8th Street to llth Street. Motion by Jones to consider the second reading of a proposed ordinance amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 14 Parking, Section 9 -14- 321.666 Municipal Park- ing Meter District Established by Expand- ing the Downtown Meter District. Sec- onded by Braig. Resnick stated that he believes the City will be reasonable with the service and install meters only as development dictates. Motion carried 5 -2 with Lynch and Sutton voting nay. Dubuque Peace and Justice: Correspon- dence from Richard Fischer of Dubuque Peace and Justice requesting the City of Dubuque apply for membership in Mayors for Peace, which supports the abolition of nuclear weapons by August 6, 2020. Motion by Connors to receive and file the documents and accept the invitation to apply for membership. Seconded by Braig. Richard Fischer of Dubuque Peace and Justice, 656 Molony Road, Bernard, spoke regarding the mission of the Mayor for Peace. Motion carried 7 -0. Social Host Ordinance Amendment: City Man- ager recommending the addition of a reference to City Code Section 1 -4 -1 to the ordinance allowing for a criminal penalty for violations of the ordinance. Motion by Connors to receive and fle the documents and that the requirement that a proposed ordinance be con- sidered 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. 46 -12 Amending Ordinance 45 -12 which amended 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, clarifying the definition of Social Host as defined in Section 7 -5E- 2 and establishing that a violation of Section 7- 5E-4 is a Mun cipal Infraction or Misde- meanor. Seconded by Resnick. Motion car- ried 7 -0. Control of Vehicle Ordinance Amend- ment City Manager recommending City Code Section 9 -7- 321.288 Control of Vehicle be amended so that the word "bridge" will be deleted from Section B3 and the designation "road work zone," will replace descriptive terminol- ogy in Section B6 making the ordinance consistent with State Code. Motion by Connors to receive and f' le the documents and that the requirement that a proposed ordinance be consi- dered and voted on for passage at two Council meet ngs prior to the meet ng at which it is to be passed be suspended. Seconded by Jones. Motion carried 7 -0. Motion by Connors for final consideration and passage of Ordinance No. 47 -12 Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 7 Oper- ation, Section 9 -7 -321. 288 Control of Vehicle to mirror the Iowa Code revision which removes bridge from B(3) and modifies the provision on construc- tion to use road work zone for consistency as a term defined by the Iowa Code. Seconded by Braig. Motion carried 7 -0. Dubuque Metropol- itan Area Solid Waste Agency Landfill Cell #9 Project: City Manager recommending sche- duling a City Council work session for September 17, 2012, at 4:30 p.m. to tour the Dubuque Metropolitan Area Solid Waste Agency Landfill Cell #9 Project. Motion by Braig to receive and file the documents and set the the work ses- sion as recommended. Seconded by Jones. Motion carried 7 -0. CLOSED SESSION Motion by Jones to convene in closed session at 7:47 p.m. regarding pending litigation and property acquisition pursuant to Chapter 21.5(1)(c)(j) Code of Iowa. Seconded by Braig. Motion carried 7 -0. Upon motion, the City Council reconvened in open session at 7:55 p.m. stating that staff had been given proper direction. There being no further business, upon motion the City Council adjourned at 7:56 p.m. Kevin 5. Firnstahl, CMC, City Clerk It 8/29 STATE OF II DUBUQUE ( CER] I, Suzanne Pike, a Bil corporation, publishe published in the City certify that the attach dates: August 29, 201 Subscribed to before this j,,, day o