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8 20 12 City Council Proceedings Official_Special and RegularCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 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 Milli - gen. 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 Manager Jonathon Brown and Adam Klass of Unison Solutions provided 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 anaero- bic digester and methane gas processing systems. There being no further business, upon motion the City Council adjourned at 5:15 p.m. Kevin S. Firnstahl, CMC City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on August 20, 2012 in the Historic Federal Building, 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 conducting 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 Insurance Awareness Month (September 2012) was accepted by Ron McDonald of Bradley Beck & McDonald and the Dubuque Association of Insurance and Financial Advisors; and Rod Bremer of Northwestern 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 Development Department Director. Mr. Nash spoke regarding his back- ground and qualifications. 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 Contract Recommendation be held for separate discussion. Motion carried 7 -0. Minutes and Reports Submitted: Arts and Cultural Affairs Advisory 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 Advisory 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 re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As- surance 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, Deputy 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 materials and labor of six recycling bins. Upon motion the document was received and filed. Sustainable Dubuque Project Status Update: City Manager submitting the Sustaina- ble Dubuque Project Status Update for July 2012. Upon motion the documents were re- ceived and filed. 5 Points Traffic Signal Reconstruction Project Rebid Award: City Manager recom- mending bid award of the 5 Points Traffic Signal Reconstruction Project to the low bid- der, Portzen Construction. Upon motion the documents were received and filed and Resolution No. 216 -12 Awarding construction contract for 5 Points Traffic Signal Re- construction Rebid Project was adopted. RESOLUTION NO. 216 -12 AWARDING CONSTRUCTION CONTRACT FOR 5 POINTS TRAFFIC SIGNAL RE- CONSTRUCTION REBID PROJECT Whereas, sealed proposals have been submitted by contractors for the 5 Points Traf- fic Signal Reconstruction Rebid Project pursuant to Resolution No. 212 -12 and Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa on the 20th day of July, 2012.; and Whereas, said sealed proposals were opened and read in the on the 9th day of Au- gust, 2012, and it has been determined that Portzen Construction, Inc. of Dubuque, Io- wa with a bid in the amount of $149,432.00, is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Contract for the Project is hereby awarded to, Portzen Construction, Inc. and the City Manager is hereby directed to execute a Contract on behalf of the City of Dubuque for the Project. Passed, approved and adopted this 20th day of August, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk Citizen Correspondence - 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 Re- source Development Program grant funds application for the Phase VI Histor- ic /Architectural Survey and Evaluation. Upon motion the documents were received and filed and Resolution No. 217 -12 Authorizing HRDP Grant Application to the State Histor- ical Society of Iowa for Phase VI Historic /Architectural Survey and Evaluation was adopted. RESOLUTION NO. 217 -12 AUTHORIZING HRDP GRANT APPLICATION TO THE STATE HISTORICAL SOCIE- TY OF IOWA FOR PHASE VI HISTORIC /ARCHITECTURAL SURVEY AND EVALU- ATION. Whereas, the State Historical Society of Iowa has determined historic /architectural surveys and evaluations are eligible for Historic Resource Development Program (HRDP) funds; and Whereas, the City of Dubuque is a Certified Local Government (CLG) in good stand- ing and has approved a phased program for historic /architectural surveys and evalua- tions in the community. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor is authorized to sign and submit the application to the State Historical Society of Iowa for HRDP Grant Funds for the Phase VI Histor- ic /Architectural Survey and Evaluation project. Section 2. That the City of Dubuque agrees to abide by all local, state and federal re- quirements applicable to the proposed budget. Passed, approved and adopted this 20th day of August, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Dubuque County Multi- Jurisdictional Hazard Mitigation Plan: City Manager recom- mending adoption of the Dubuque County -Wide Multi- Jurisdictional Hazard Mitigation Plan, as completed by the East Central Intergovernmental Association. Upon motion the documents were received and filed and Resolution No. 218 -12 Approving the adopting of the Dubuque County Multi- Jurisdictional Hazard Mitigation Plan, and requesting ap- proval of Plan at the federal level was adopted. RESOLUTION 218 -12 APPROVING THE ADOPTING OF THE DUBUQUE COUNTY MULTI - JURISDICTIONAL HAZARD MITIGATION PLAN, AND REQUEST APPROVAL OF PLAN AT THE FEDERAL LEVEL Whereas, the Federal Disaster Mitigation Act of 2000 was signed in to law October 30, 2000, placing new emphasis on state and local mitigation planning for natural haz- ards and requiring communities to adopt a hazard mitigation action plan to be eligible for pre- disaster and post- disaster federal funding for mitigation purposes; and Whereas, a Multi- jurisdictional Hazard Mitigation Plan was prepared by Dubuque County with assistance from East Central Intergovernmental Association (ECIA) of Dubuque, Iowa, which includes the City of Dubuque.; and Whereas, the purpose of the mitigation plan was to lessen the effects of disasters by increasing the disaster resistance of the County and participating jurisdictions located within the planning boundary by identifying the hazards that affect the County and priori- tize mitigation strategies to reduce potential loss of life and property damage from those hazards, and Whereas, FEMA regulations require documentation that the plan has been formally adopted by the governing body of the City of Dubuque in the form of a resolution and further requesting approval of the plan at the Federal Level. NOW, THEREFORE, the governing body of the City of Dubuque does herewith adopt the Dubuque County Multi- jurisdictional Hazard Mitigation Plan in its entirety and re- quest approval of the plan at the Federal Level. Passed and approved this 20th day of August, 2012. Roy D. Buol, Mayor Attest: Ken Firnstahl, City Clerk Explosives Detection K9 Acquisition: City Manager recommending acquisition of an explosives detection K9. Upon motion the documents were received, filed, and ap- proved. Human Rights Commission: Commissioner Kurt Hansen submitting 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 rec- ommending 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. RESOLUTION NO. 219 -12 APPROVING THE FINAL PLAT OF PATRICIA ANN ACRES SUBDIVISION NO. 3 IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerk the Final Plat of Patricia Ann Acres Subdivision No. 3 in the City of Dubuque, Iowa; and Whereas, said Final Plat provides 0 feet of frontage for Lot 6 on a public street or an approved private street, where 50 feet is required by Section 11 -14 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code; and Whereas, said Final Plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said Final Plat has been examined by the City Council and they find that it conforms to the statues and ordinances relating to it. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 11 -14 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is waived to allow 0 feet of frontage on a public street or an approved private street for Lot 6. Section 2. That the Final Plat of Patricia Ann Acres Subdivision No. 3 is hereby ap- proved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said final plat. Passed, approved and adopted this 20th day of August, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Smart Growth Development Funding: City Manager recommending that the City con- tribute $2,000 from the Economic Development Department Federal Initiatives budget to statewide Smart Growth Development as they try to improve the funding levels for his- toric rehabilitation projects. Upon motion the documents were received, filed, and ap- proved. AmeriCorps Partners in Learning Grant Award 12 -13 (Grant 12- AC -13): City Manager recommending approval 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 — Recommendation: City Manager recommending the award of the City of Dubuque 2013- 2015 Towing Contract to Burt Steve and Son Gar- age, Inc. Restated motion by Connors to receive and file the documents and approve the recommendation. 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 committee's evaluation process and reasoning. Motion carried 7 -0. Ramona Street - Project Acceptance: City Manager recommending acceptance of the public improvement 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 Replacement, from Mt. Loretta to Adeline Street Project, and authorizing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 220 -12 ACCEPTING THE RAMONA STREET PANEL REPLACEMENT, FROM MT LORETTA TO ADELINE STREET PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Ramona Street Panel Replace- ment, from Mt. Loretta to Adeline Street Project (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Ramona /Pamela Joint Repair Capital Improvement Project appropriations for the con- tract amount of $81,483.21 less any retained percentage provided for therein as provid- ed in Iowa Code chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code chapter 573. Passed, approved and adopted this 20th day of August, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk Improvement Contracts / Performance, Payment and Maintenance 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 Request: Correspond- ence from Ross Salwolke, Security Officer for The University of Dubuque, requesting permission to conduct a fireworks display on September 1, 2012 at starting approxi- mately 9:25 p.m. on the baseball field at the south point of the left field line. Upon mo- tion the document was received, filed, and approved. Business License Refund: Request of Michael Schmidt for a refund of the liquor li- cense for Bowling & Beyond in the amount of $422.50. Upon motion the documents were received, filed, and approved. Alcohol License Renewals: City Manager 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 Li- cense Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. 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 LIQ- UOR, BEER AND WINE LICENSES AND PERMITS Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted and filed with the City Council for approval and the same have been examined and ap- proved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and the applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Clerk is hereby authorized and directed to cause to be issued the following named applicants and permit types. RENEWALS Bandana's Bar -B -Q 2035 JFK Rd. Special Class C Liquor (Beer/Wine) (Sunday) Chances R 1046 Central Ave. Class C Liquor (Outdoor) (Sunday) Courtside Sports Bar & Grill 2095 Holliday Dr. Class C Liquor (Outdoor) (Sunday) Family Mart, Inc. 3201 Central Ave. Class C Beer, Class B Wine (Carryout Wine) (Sunday) Mystique Community Ice Center 1800 Admiral Sheehey Dr. Class C Liquor (Sunday) Tri -State Independent Blind Socie- ty Inc. 3333 Asbury Rd. Special Class C Liquor (Beer/Wine) Dubuque Quick Stop Mart LLC 1401 Central Ave. Class C Beer (Sunday) New My Brother's Place 1850 Central Ave. Class C Liquor (Sunday) Special Event Dubuque County Fine Arts Society 275 East 10th St. Special Class C Liquor (Beer/Wine) (Outdoor) (Sun- day) Dubuque County Fine Arts Society 275 East 10th St. Special Class C Liquor (Beer/Wine) (Outdoor) (Sun- day) Riverfest Special Events 7th and Main St. Class B Beer (Includes Wine Coolers) (Outdoor) Clarke University of Dubuque IA 1550 Clarke Dr. Class B Beer (Includes Wine Coolers) (Outdoor) Passed, approved and adopted this 20th day of August, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 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 specifications 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 docu- ments were received and filed and Resolution No. 222 -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 advertise- ment for bids SEP Green Alley Project (between Jackson and Washington Streets from 16th to 17th Streets and between Jackson and White Streets from 17t to 18th Streets) was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on Sep- tember 4, 2012 in the Historic Federal Building. RESOLUTION NO. 222 -12 SEP GREEN ALLEY PROJECT (BETWEEN JACKSON AND WASHINGTON STREETS FROM 16TH to 17TH (BETWEEN JACKSON AND WHITE STREETS FROM 17TH to 18TH 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 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the SEP Green Alley Permeable Pavers Project — Between Jackson & Washington Streets from 16th to 17th and Between Jackson & White Streets from 17th to 18th in the estimated amount $345,468.97, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. A public hearing will be held on the 4th day of September, 2012, at 6:30 p.m. in the Historic Federal Building Council Chambers at which time interested persons may ap- pear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. The SEP Green Alley Permeable Pavers Project — Between Jackson & Washington Streets from 16th to 17th and Between Jackson & White Streets from 17th to 18th is here- by ordered to be advertised for bids for construction. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. The City Clerk is hereby directed to advertise for bids for the construction of the im- provements herein provided, by publishing the attached Notice to Bidders to be pub- lished in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four but not more than forty -five days before the date for filing bids before 2:00 p.m. on the 6th day of September, 2012. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final action at 6:30 p.m. on the 17th day of September, 2012, in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. Passed, adopted and approved this 20th day of August, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk FedEx - Vacate of Storm Sewer: City Manager recommending that a public hearing be set for September 4, 2012 to consider vacating a Storm Sewer Easement and Blan- ket 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 com- mence at 6:30 p.m. on September 4, 2012 in the Historic Federal Building. RESOLUTION NO. 223 -12 INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN STORM SEWER AND ACCESS EASEMENTS OVER AND ACROSS LOT 1 DUBUQUE INDUSTRIAL CEN- TER NORTH SECOND ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUN- TY, IOWA. Whereas, 2013 Dubuque, LLC is the current owner of Lot 1 Dubuque Industrial Cen- ter North Second Addition in the City of Dubuque, Iowa; and Whereas, a storm sewer easement and a blanket access easement are currently platted on said Lot 1; and Whereas, development of said Lot 1 has established a more restricted location for storm sewer and access necessary to maintain public improvements and other City properties; and Whereas, Carl Ruedebusch representing 2013 Dubuque, LLC, has petitioned to va- cate a portion of the storm sewer easement and the blanket access easement and es- tablished new easements over and across said Lot 1. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, on September 4, 2012, intends to vacate and dispose of its interest in a portion of a storm sewer easement and the blanket access easement over Lot 1 Dubuque Industrial Center North Second Addition in the City of Dubuque, Dubuque County, Iowa, as shown on the attached Exhibit A. Section 2. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to dispose of said interest to be published in the manner as prescribed by law. Passed, approved and adopted this 20th day of August, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 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 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 in- terim term of Krey) through July 1, 2014. Applicants: Otto Krueger, 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, Connors, Res- nick, Braig) was appointed to the Interim Cathedral Historic District position, Otto Krue- ger (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 po- sition. Housing Commission: Three 3 -year terms through August 17, 2015 (Expiring terms of Culbertson and Holz and Vacant term of Ronek). Applicants: Dorothy Culbertson, 2095 University Ave.; Anna S. Fernandes, 2191 Broadlawn Rd.; and Jim Holz, 3010 In- diana Court. Motion by Connors to appoint Dorothy Culbertson, Anna Fernandes, and Jim Holz to the Housing Commission for 3 -year terms through August, 17, 2015. Se- conded by Braig. Motion carried 7 -0. PUBLIC HEARINGS Upon motion the rules were suspended allowing 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 approval. Motion by Braig to receive and file the documents and adopt Resolution No. 224 -12 Approving the sale of real estate lo- cated at 1777 Washington Street, in the City of Dubuque, Iowa. Seconded by Jones. Motion carried 7 -0. RESOLUTION NO. 224 -12 APPROVING THE SALE OF REAL ESTATE LOCATED AT 1777 WASHINGTON STREET, IN THE CITY OF DUBUQUE, IOWA Whereas, the City acquired the property at 1777 Washington Street for the purpose of its restoration and re -sale for owner - occupied housing in the Washington Neighbor- hood; and Whereas, such purpose supports the Washington Neighborhood Revitalization Strat- egy as approved by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves the sale of the following legally - described property: Lot 2 of Lot 2 of the East 1/2 of Lot 90; and Lot 1 of Lot 1 of the East 1/2 of Lot 91; In East Dubuque Addition, In the City of Dubuque, Iowa, according to the recorded plat thereof — 1777 Washington Street at the cost of $85 000. Section 2. That the City of Dubuque be and is hereby authorized to provide a Special Warranty Deed to the buyer, conveying the City's interest to Alberto Luna for the herein - described real estate. Section 3. That the City Clerk be and is hereby authorized and directed to cause said Special Warranty Deed to be recorded in the Office of the Dubuque County Recorder, together with certified copy of the Resolution. Section 4. That the City Clerk be and is hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. Passed, approved and adopted this 20th day of August, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 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 approval. 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. Seconded by Braig. Motion carried 7 -0. RESOLUTION NO. 225 -12 APPROVING THE SALE OF REAL ESTATE LOCATED AT 2312 WASHINGTON STREET, IN THE CITY OF DUBUQUE, IOWA Whereas, the City acquired the property at 2312 Washington Street for the purpose of its restoration and re -sale for owner - occupied housing as part of the Bee Branch re- alignment project; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves the sale of the following legally - described property: Lot 1 Bee Branch Sub. No. 4 in the City of Dubuque, Iowa, according to the rec- orded plat thereof — 2312 Washington Street at the cost of $75 000. Section 2. That the City of Dubuque be and is hereby authorized to provide a Special Warranty Deed to the buyer, conveying the City's interest to Judie E. Root for the here- in- described real estate. Section 3. That the City Clerk be and is hereby authorized and directed to cause said Special Warranty Deed to be recorded in the Office of the Dubuque County Recorder, together with certified copy of the Resolution. Section 4. That the City Clerk be and is hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. Passed, approved and adopted this 20th day of August, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Upon motion the rules were reinstated limiting 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 Pro- ject HOPE. Motion by Connors to receive and file the information. Seconded by Braig. Motion carried 7 -0. Meter District Amendment - Historic Millwork District (Second Reading): City Manag- er recommending approval of an Ordinance expanding the Downtown Meter District to include White Street from 5th Street to 11th 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, 11th Street both sides from White Street to Elm Street, Jackson Street both sides from 8th Street to 11th Street, and Washington Street both sides from 8th Street to 11th 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 Expanding the Downtown Meter District. Seconded 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: Correspondence 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 mem- bership. 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 Manager 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 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. 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 Municipal Infraction or Misde- meanor. Seconded by Resnick. Motion carried 7 -0. OFFICIAL PUBLICATION 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 MUNICIPAL INFRACTION OR MISDEMEANOR NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 7 -5E -2 of the City of Dubuque Code of Ordinances is amended as follows: 7 -5E -2: DEFINITIONS: The following words and phrases, when used in this chapter, have the following mean- ing: SOCIAL HOST: A. Any person who aids, allows, entertains, organizes, supervises, controls, or per- mits an event, gathering, or party. This includes but is not limited to: 1. The person who owns, rents, leases, or otherwise has control of the premises where the event, gathering, or party takes place; 2. The person(s) in charge of the premises; or, 3. The person(s) responsible for organizing the event, gathering, or party. B. If the social host is a minor or under the legal drinking age, and the social host's parent(s) are present on the premises and know or reasonably should know of the event, gathering, or party and know or reasonably should know that the consumption of alcohol is occurring, the parents are also social hosts. Section 2. Section 7 -5E -8 of the City of Dubuque Code of Ordinances is amended as follows: 7 -5E -8: PENALTIES: A. A violation of section 7 -5E -4 will be punishable as outlined in either section 1 -4 -1 or 1 -4 -2 of the City Code. B. The City may also seek reimbursement for enforcement services provided by emergency responders related to the event, gathering, or party. Section 3. This Ordinance takes effect upon publication. Passed, approved, and adopted the 20th day of August, 2012. /s /Roy D. Buol, Mayor Attest: /s /Kevin S. Firnstahl, CMC, City Clerk Published officially in the Telegraph - Herald newspaper on the 24th day of August, 2012. /s /Kevin S Firnstahl, CMC, City Clerk Control of Vehicle Ordinance Amendment: 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 terminology 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 or- dinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by 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 Operation, 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 construction to use road work zone for consistency as a term defined by the Iowa Code. Seconded by Braig. Motion carried 7 -0. OFFICIAL PUBLICATION ORDINANCE NO. 47 -12 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHI- CLES AND TRAFFIC, CHAPTER 7 OPERATION, 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 CONSTRUCTION TO USE ROAD WORK ZONE FOR CONSISTENCY AS A TERM DEFINED BY THE IOWA CODE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 9 -7- 321.288 of the City of Dubuque Code of Ordinances is amended to read as follows: 9 -7- 321.288: CONTROL OF VEHICLE: A. A person operating a motor vehicle shall have the same vehicle under control at all times. B. A person operating a motor vehicle shall reduce the speed to a reasonable and proper rate: 1. When approaching and passing a person walking in the traveled portion of the public street. 2. When approaching and passing an animal which is being led, ridden, or driven upon a public street. 3. When approaching and traversing a crossing or intersection of public streets, or a sharp turn, curve, or steep descent in a public street. 4. When approaching and passing a fusee, flares, red reflector electric lanterns, red reflectors, or red flags, or an emergency vehicle displaying a revolving or flashing light. 5. When approaching and passing a slow moving vehicle displaying a re- flective device as provided by section 321.383, code of Iowa. 6. When approaching and passing through a road work zone. Section 2. This Ordinance takes effect on publication. Passed, approved, and adopted the 20th day of August, 2012. /s /Roy D. Buol, Mayor Attest: /s /Kevin Firnstahl, CMC, City Clerk Published officially in the Telegraph - Herald newspaper on the 24th day of August, 2012. /s /Kevin S. Firnstahl, CMC, City Clerk Dubuque Metropolitan Area Solid Waste Agency Landfill Cell #9 Project: City Man- ager recommending scheduling 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 work session 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 litiga- tion 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