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Minutes_City Council Proceedings of 7 6 15 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION The Dubuque City Council met in special session at 5:30 p.m. on July 6, 2015 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members, Braig Connors, Jones, Lynch, Resnick, Sutton; City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting a closed session pursuant to Chapter 21 .5(1)(i) Code of Iowa. CLOSED SESSION Professional Evaluation(s) — Chapter 21 .5(1)(i) Code of Iowa Motion by Jones to convene in closed session at 5:32 p. m. to conduct professional evaluations pursuant to Chapter 21 .5(1)(i) Code of Iowa. Seconded by Braig. Motion carried 7-0. Upon motion the City Council reconvened in open session at 6:28 p.m. stating that the evaluations were completed. There being no further business, upon motion the City Council adjourned at 6:29 p.m. /s/Kevin S. Firnstahl, CMC City Clerk 1t 7/15 1 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on July 6, 2015 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Braig Connors, Jones, Lynch, Resnick, Sutton; City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Jones. The City Clerk corrected the address for item #22 Acceptance of Grant of Easement at 1411 N. Grandview Ave. Motion carried 7-0. 1 . Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 6/23; City Council Proceedings of 6/15; Civil Service Commission of 6/22; Community Development Advisory Commission of 6/17; Housing Code Appeals Board of 5/19; Library Board of Trustee Update of 5/28; Proof of publication for City Council Proceedings of 6/1 . Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Eric Evers for vehicle damage; Shane Flesher for property damage; Ashley Kohnen for vehicle damage; David Lynn for vehicle damage; Tim Mueller for monetary loss; Fondell Excavating, Inc. vs. City of Dubuque. Upon motion the documents were received, filed and referred to the City Attorney. 3. 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: Shane Flesher for property damage; Ashley Kohnen for vehicle damage; David Lynn for vehicle damage; Madonna Parker for property damage. Upon motion the documents were received, filed and concurred. 4. Contracted Services Agreement - Almost Home at St. John's: City Manager recommending approval of the Contracted Services Agreement with Almost Home at St. John's for Fiscal Year 2016. Upon motion the documents were received, filed and approved. 2 5. Purchase of Services Grant Agreement - Bell Tower Productions: City Manager recommending approval of the Purchase of Services Grant Agreement with Bell Tower Productions for Fiscal Year 2016. Upon motion the documents were received, filed and approved. 6. Purchase of Services Grant Agreement - Dubuque Community YMCA/YWCA: City Manager recommending approval of the Purchase of Services Grant Agreement with Dubuque Community YMCA/YWCA Victim Services Shelter for Fiscal Year 2016. Upon motion the documents were received, filed and approved. 7. Purchase of Services Grant Agreement - Dubuque County Extension: City Manager recommending approval of a Purchase of Services Grant Agreement with Dubuque County ISU Extension for Fiscal Year 2016. Upon motion the documents were received, filed and approved. 8. Contracted Services Agreement - Hills and Dales Lifetime Center: City Manager recommending approval of the Contracted Services Agreement with Hills and Dales Senior Center Lifetime Program for Fiscal Year 2016. Upon motion the documents were received, filed and approved. 9. Purchase of Services Grant Agreement - Four Mounds Foundation: City Manager recommending approval of a Purchase of Services Grant Agreement with Four Mounds Foundation. Upon motion the documents were received, filed and approved. 10. Purchase of Services Grant Agreement - Helping Services for Northeast Iowa: City Manager recommending approval of the Purchase of Services Grant Agreement with Helping Services of Northeast Iowa for Fiscal Year 2016. Upon motion the documents were received, filed and approved. 11 . Purchase of Services Grant Agreement - Lutheran Services in Iowa: City Manager recommending approval of the Purchase of Services Grant Agreement with Lutheran Services in Iowa for Fiscal Year 2016. Upon motion the documents were received, filed and approved. 12. Purchase of Services Grant Agreement - Northeast Iowa School of Music: City Manager recommending approval of a Purchase of Services Grant Agreement with Northeast Iowa School of Music for Fiscal Year 2016. Upon motion the documents were received, filed and approved. 13. Purchase of Services Grant Agreement - Opening Doors: City Manager recommending approval of the Purchase of Services Grant Agreement with Opening Doors for Fiscal Year 2016. Upon motion the documents were received, filed and approved. 3 14. Purchase of Services Grant Agreement - Project Concern 2-1-1 : City Manager recommending approval of the Purchase of Services Grant Agreement with Project Concern to assist Project Concern's 211 Center for Fiscal Year 2016. Upon motion the documents were received, filed and approved. 15. Purchase of Services Grant Agreement - Project Concern Foster Grandparent Program: City Manager recommending approval of the Purchase of Services Grant Agreement with Project Concern to partially fund the Foster Grandparent Program for Fiscal Year 2016. Upon motion the documents were received, filed and approved. 16. Purchase of Services Grant Agreement - Retired and Senior Volunteer Program: City Manager recommending approval of the Purchase of Services Grant Agreement with the Retired and Senior Volunteer Program (RSVP) for Fiscal Year 2016. Upon motion the documents were received, filed and approved. 17. Purchase of Services Grant Agreement - Riverview Center: City Manager recommending approval of the Purchase of Services Grant Agreement with Riverview Center for Fiscal Year 2016. Upon motion the documents were received, filed and approved. 18. Purchase of Services Grant Agreement - St. Mark Youth Enrichment: City Manager recommending approval of the Purchase of Services Grant Agreement with St. Mark's Youth Enrichment for Fiscal Year 2016. Upon motion the documents were received, filed and approved. 19. Contracted Services Grant Agreement - Washington Tool Library: City Manager recommending approval of the Contracted Services Grant Agreement with the Washington Tool Library for Fiscal Year 2016. Upon motion the documents were received, filed and approved. 20. Dubuque Regional Humane Society Contract Renewal: City Manager recommending approval of a new five-year agreement with the Dubuque Regional Humane Society beginning July 1 , 2015. Upon motion the documents were received, filed and approved. 21 . Lowell Street Water Main, Sanitary and Storm Sewer Improvements Project Award: City Manager recommending award of the construction contract for the Lowell Street Water Main, Sanitary and Storm Sewer Improvements Project (Abbott to Woodworth) to the low bidder, Drew Cook & Sons Excavating, Inc. Upon motion the documents were received and filed and Resolution No. 216-15 Awarding Public Improvement Contract for the Lowell Street (Abbott to Woodworth) Water Main, Sanitary & Storm Sewer Improvements Project 2015 was adopted. 22. Acceptance of Grant of Easement - 1411 N. Grandview Avenue: City Manager recommending acceptance of the dedication of Grant of Easement for Underground Electric, Fiber Optic Cable, Traffic Signals & Other Appurtenances and Sidewalk from 4 Kristin A. Smith across a portion of 1411 N. Grandview Avenue. Upon motion the documents were received and filed and Resolution No. 217-15 Accepting a Grant of Easement for Underground Electric, Fiber Optic Cable, Traffic Signals & Other Appurtenances and Sidewalk Through, Over and Across Part of Lot 99 in Woodlawn Park Subdivision, City of Dubuque, Iowa, was adopted. 23. Davis Place - Permanent Shoring System Anchoring Easement: City Manager recommending acceptance of a Permanent Shoring System Anchoring Easement across a portion of 511 Garfield Avenue that will facilitate the construction and on-going maintenance of the utility. Upon motion the documents were received and filed and Resolution No. 218-15 Accepting a grant of permanent shoring system anchoring easement through, over and across part of Lot 3 in Davis Place II, in the City of Dubuque, Iowa, was adopted. 24. 429 Rhomberg Avenue Project Acceptance: City Manager recommending acceptance of the construction contract for the 429 Rhomberg Building Stabilization Project as completed by R&W Restoration. Upon motion the documents were received and filed and Resolution No. 219-15 Accepting the 429 Rhomberg Demolition and Building Stabilization Project and authorizing the payment to the contractor was adopted. 25. Code of Ordinances - Adoption of Supplement No. 18: City Clerk recommending adoption of Supplement No. 18 to the City of Dubuque Code of Ordinances, which codifies Ordinance Nos. 1-15 through 8-15, 11-15, 12-15, 26-15, 27-15, and 28-15 as adopted by the City Council through April 2015. Upon motion the documents were received and filed and Resolution No. 220-15 Adopting Supplement No. 18 to the Code of Ordinances of the City of Dubuque, Iowa, was adopted. 26. U.S. Army Corp of Engineers (USACE) - Mississippi River Master Plan & River Project Input: City Manager recommending approval to submit the City of Dubuque's input during revision and updating of the Mississippi River Master Plan by the U.S. Army Corps of Engineers (USACE), Rock Island District. Upon motion the documents were received, filed and approved. 27. Civil Service Commission: Civil Service Commission submitting the Certified Lists for the positions of Environmental Coordinator, Planning Technician and Transit Operations Supervisor. Upon motion the documents were received, filed and made a Matter of Record. 28. Audubon School Right-of-Way Plat: City Manager recommending approval of the Acquisition Plat for right-of-way east of Lincoln Avenue abutting the Audubon School property and acceptance of the dedication of said lots to the City of Dubuque for right- of-way purposes in association with the Bee Branch Creek Restoration Project. Upon motion the documents were received and filed and Resolution No. 221-15 Approving the Acquisition Plat of Lot B of Lot 2 of Mineral Lot 314 and Lot B of Lot 3 of Mineral Lot 314 in the City of Dubuque, Iowa, was adopted. 5 29. Bee Branch Creek Restoration Project, Utility Occupancy License for the Installation of Sanitary Sewer and Fiber Conduit: City Manager recommending approval of the execution of a Utility Occupancy License Agreement with Dakota, Minnesota & Eastern Railroad Corporation as part of the Bee Branch Creek Restoration Project. Upon motion the documents were received and filed and Resolution No. 222-15 Authorizing the Utility Occupancy License Agreement made and entered into by and between the City of Dubuque, Iowa and Dakota, Minnesota & Eastern Railroad Corporation, doing business as Canadian Pacific was adopted. 30. Bee Branch Creek Restoration Project - Federal Aid Agreement for Transportation Alternatives Program Funding: City Manager recommending authorization to enter into an agreement with the Iowa Department of Transportation in order to utilize Transportation Alternatives Program funding for the Lower Bee Branch Overlook at the 16th Street Detention Basin and Trailhead Parking (at 22nd Street) for the Mississippi River Trail as part of the larger Bee Branch Creek Restoration Project. Upon motion the documents were received and filed and Resolution No. 223-15 Approving the Transportation Alternatives Program Funding Agreement between the Iowa Department of Transportation and the City of Dubuque, Iowa, for the Lower Bee Branch Overlook at 16th Street Detention Basin and trailhead parking for the Mississippi River Trail Project was adopted. 31 . Emergency Communications Center Part-Time Hour Increase: City Manager recommending approval to increase the number of part-time hours from 43 to 45 hours per week effective January 1 , 2016. Upon motion the documents were received, filed and approved. 32. Advance of Funds to Greater Downtown TIF District for Fiscal Year 2015: City Manager recommending approval of the suggested proceedings approving an advance of funds for repayment from the Greater Downtown Urban Renewal Tax Increment Revenue Fund and directing the filing of certification. Upon motion the documents were received and filed and Resolution No. 224-15 Approving the advance of funds for repayment from the Greater Downtown District Urban Renewal Tax Increment Revenue Fund and directing the filing of certification under Iowa Code Section 403.19 was adopted. 33. Advance of Funds to Dubuque Industrial Center West TIF District for Fiscal Year 2015: City Manager recommending approval of the suggested proceedings approving an advance of funds for repayment from the Dubuque Industrial Center Urban Renewal Tax Increment Revenue Fund and directing the filing of certification. Upon motion the documents were received and filed and Resolution No. 225-15 Approving the advance of funds for repayment from the Dubuque Industrial Center Urban Renewal Tax Increment Revenue Fund and directing the filing of certification Under Iowa Code Section 403.19 was adopted. 6 34. Advance of Funds to Technology Park TIF District for Fiscal Year 2015: City Manager recommending approval of the suggested proceedings approving an advance of funds for repayment from the Technology Park Urban Renewal Tax Increment Revenue Fund and directing the filing of certification. Upon motion the documents were received and filed and Resolution No. 226-15 Approving the advance of funds for repayment from the Technology Park Urban Renewal Tax Increment Revenue Fund and directing the filing of certification under Iowa Code Section 403.19 was adopted. 35. Advance of Funds to North Cascade Road Housing TIF District for Fiscal Year 2015: City Manager recommending approval of the suggested proceedings approving an advance of funds for repayment from the North Cascade Road Housing Urban Renewal Tax Increment Revenue Fund and directing the filing of certification. Upon motion the documents were received and filed and Resolution No. 227-15 Approving the advance of funds for repayment from the North Cascade Road Housing Urban Renewal Tax Increment Revenue Fund and directing the filing of certification under Iowa Code Section 403.17 was adopted. 36. Mystique Casino Use of Depreciation and Improvement Funds: City Manager recommending approval of a request by the Mystique Casino to use Depreciation and Improvement funds for two projects at the Casino. Upon motion the documents were received, filed and approved. 37. IDNR Clean Diesel Grant Contract Amendment: City Manager recommending Council approval of the Clean Diesel Grant Contract Amendment with the Iowa Department of Natural Resources (IDNR). Upon motion the documents were received, filed and approved. 38. Housing Affordability: City Manager providing information on the housing affordability in Dubuque as compared to other cities in Iowa, including Cedar Falls, Cedar Rapids, Davenport and Iowa City. Upon motion the documents were received and filed. 39. Improvement Contracts / Performance, Payment and Maintenance Bonds: Midwest Concrete, Inc. for the 2015 Asphalt Overlay Access Ramp Project Three; Portzen Construction, Inc. for the SRF Green Alley Project Bid Set 1 - Year 3; Tricon General Construction, Inc. for the Upper Bee Branch Creek Channel, Streets & Utilities Project. Upon motion the documents were received, filed and approved. 40. Alcohol Compliance Civil Penalty for Alcohol License Holder — Casey's General Store: City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Casey's General Store #2420, 2699 Rockdale Road. Upon motion the documents were received, filed and approved. 41 . Alcohol and Tobacco License Applications: City Manager recommending approval of annual liquor, beer, wine and tobacco license applications as submitted. Upon motion the documents were received and filed and Resolution No. 228-15 7 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; and Resolution No. 229-15 Approving applications for retail cigarette/tobacco sales/nicotine/vapor permits, as required by Iowa Code 453A.47A were adopted. ITEMS 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 Connors. Motion carried 7-0. 1 . Southwest Arterial / English Mill Road Reconstruction Project: City Manager recommending initiation of the public bidding process through the Iowa DOT for the English Mill Road Reconstruction - Grading, Bridge and Paving Project, and further recommends that a public hearing be set for July 20, 2015. Upon motion the documents were received and filed and Resolution No. 230-15 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 was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on July 20, 2015 in the Historic Federal Building. 2. SRF Green Alley Project Bid Set 3 - Year 3: City Manager recommending initiation of the public bidding process for the SRF Green Alley Bid Set 3 -Year 3 Project, and further recommends that a public hearing be set for August 3, 2015. Upon motion the documents were received and filed and Resolution No. 231-15 Preliminary approval of plats, schedule of assessments and estimate of total cost for the SRF Green Alley Bid Set 3 - Year 3 Project; Resolution No. 232-15 Resolution of Necessity for the SRF Green Alley Bid Set 3 - Year 3 Project; Resolution No. 233-15 Fixing the date of public hearing on Resolution of Necessity; and Resolution No. 234-15 Preliminary approval of plans, specifications, form on contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and ordering the advertisement for bids was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on August 3, 2015 in the Historic Federal Building. BOARDS/COMMISSIONS Applicants are invited to address the City Council regarding their desire to serve on the following Boards/Commissions: 1 . Building Code Board of Appeals: One 3-year term through August 1 , 2018 (expired term of Luchsinger). Applicant: Richard Luchsinger, 2875 Brueck Rd. Mr. Luchsinger spoke in support of his appointment. 2. Housing Commission: One 3-year term through August 1 , 2018 (expired term of McDonell) Applicant: Robert McDonell, 4050 Peru Rd. 8 3. Housing Trust Fund Advisory Committee: One 3-year term through August 1 , 2018 (expired term of Hingtgen) Applicant: Doris Hingtgen, 309 Hill St. 4. Library Board of Trustees (Mayor appointment): One 4-Year term through July 1 , 2019 (Vacant term of Boice) Applicant: Patrick Maddux, 1685 Fox Dr. 5. Transit Advisory Board: One 3-year term through July 3, 2018 (expired term of Esser) Applicant: Matt Esser, 90 Main St. Apt. 308. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City Council. 1 . SRF Green Alley Project Bid Set 2 - Year 3: Proof of publication on notice of public hearing to consider the approval of the plans, specifications, form of contract, and estimated cost for the SRF Green Alley Project Bid Set 2 - Year 3 and the City Manager recommending approval. Motion by Braig to receive and file the documents and adopt Resolution No. 235-15 Approval of plans, specifications, form of contract, and estimated cost for the SRF Green Alley Bid Set 2 - Year 3 Project; Resolution No. 236-15 Resolution with Respect to the Adoption of the Resolution of Necessity proposed for the SRF Green Alley Bid Set 2 - Year 3 Project; and Resolution No. 237-15 Approving the Schedule of Assessments and estimate of total cost for the SRF Green Alley Bid Set 2 - Year 3 Project. Seconded by Jones. Motion carried 7-0. 2. 2015 Bridge Repairs and Maintenance Project: Proof of publication on notice of public hearing to consider approval of plans, specifications, form of contract, and estimated cost for the 2015 Bridge Repairs and Maintenance Project and the City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 238-15 Approval of plans, specifications, form of contract, and estimated cost for the 2015 Bridge Repairs and Maintenance Project. Seconded by Connors. Motion carried 7-0. 3. Vacating Petition for the Alley Between Main Street and Salina Street (SELCO): Proof of publication on notice of public hearing to consider approval of a request by CW Wolff, LLC (SELCO) to vacate a portion of a 20-foot wide alley between Main Street and Salina Street which abuts the SELCO property at 15 S. Main Street and the City Manager recommending approval. Motion by Braig to receive and file the documents and adopt Resolution No. 239-15 Vacating a portion of an alley between Main St. and Salina St. in Block 13 of Dubuque Harbor Company's Addition to be known as Lot 7A in Block 13 of Dubuque Harbor Company's Addition, in the City of Dubuque; and Resolution No. 240-15 Disposing of City Interest in Lot 7A in Block 13 Dubuque Harbor Company's Addition, in the City of Dubuque, Iowa. Seconded by Resnick. Motion carried 7-0. 9 4. Vacating Petition for the Alley Between Main Street and Salina Street (Crescent Electric): Proof of publication on notice of public hearing to consider approval of a request by Crescent Realty Corporation (Crescent Electric) to vacate a portion of a 20- foot wide alley between Main Street and Salina Street which abuts the Crescent Electric property at the intersection of S. Main Street and Charter Street and the City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 241-15 Vacating a portion of an alley between Main St. and Salina St. in Block 13 of Dubuque Harbor Company's Addition to be known as Lot 6A in Block 13 in Dubuque Harbor Company's Addition, in the City of Dubuque, Iowa; and Resolution No. 242-15 Disposing of City interest in Lot 6A in Block 13 in Dubuque Harbor Company's Addition, in the City of Dubuque, Iowa. Seconded by Connors. Motion carried 7-0. Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS 1 . Code of Ordinances Amendment - Title 10 Park Rangers (Third Reading): City Manager recommending repeal of City Ordinance 10-5A-1 which requires a Park Ranger to be a certified Law Enforcement Officer. Connors moved the final reading of Ordinance No. 38-15 Amending City of Dubuque Code of Ordinances Title 10 Public Ways and Property, Chapter 5 Parks and Recreation, Article A Administration by repealing Section 10-5A-1 Park Rangers as park rangers are no longer Certified Law Enforcement Officers. Seconded by Resnick. Motion carried 5-2 with Jones and Lynch voting nay. 2. HUD Lead Paint Grant Application: City Manager recommending approval of an application to the US Department of Housing and Urban Development (HUD) for continuation of the Lead-Based Paint Hazard Control Program throughout the City of Dubuque that includes supplemental funding for Healthy Homes interventions. Motion by Jones to receive and file the documents and adopt Resolution No. 243-14 Authorizing the Mayor to execute an application for HUD Lead Paint Hazard Control and Healthy Homes Program Grant. Seconded by Connors. Health Services Manager Mary Rose Corrigan and Housing and Community Development Director Alvin Nash provided a slide presentation on the Lead and Health Homes Program HUD grant application 2016-2018. Motion carried 7-0. 3. Property Acquisition - McFadden Family Partnership: City Manager recommending approval of the Offer to Buy Real Estate and Acceptance to purchase a 124.72 acre portion of the McFadden Family Partnership farm. Motion by Braig to receive and file the documents and adopt Resolution No. 244-15 Approving an Offer to Buy and Acceptance for the acquisition of real estate owned by McFadden Family Partnership in Dubuque County, Iowa. Seconded by Jones. City Attorney Lindahl responded to questions from Council regarding when information from closed sessions can become public. Motion carried 6-1 with Resnick voting nay. 10 4. Officer AT Home (OATH) Incentives Program: City Manager recommending approval of the Officer AT Home (OATH) Incentives Program for Police Officers and Firefighters who own or purchase a single-family owner-occupied property located within the Downtown Urban Renewal District. Motion by Braig to receive and file the documents and approve the recommendation. Seconded by Resnick. Motion carried 7- 0. 5. Code of Ordinances Amendment - Title 10 Sidewalk Cafe Permits: City Manager recommending approval of an amendment to Title 10 Chapter 3 Article E Sidewalk Cafe to permit sidewalk cafes in those areas where the cafe is listed as a permitted or accessory use in the zoning district where they are located. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Connors. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 42-15 Amending City of Dubuque Code of Ordinances Title 10 Public Ways and Property, Chapter 3 Encroachments on Public Places, Article E 1 Definitions and 2 Authorization B, by changing the definition and districts in which sidewalk cafes are prohibited. Seconded by Connors. Motion carried 7-0. 6. Code of Ordinance Amendment - Title 16 Zoning Advisory Commission: City Manager recommending approval of an ordinance that adds a new Section 16-9-1 which establishes the Zoning Advisory Commission and provides for the powers, operation, membership and meetings. 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 Braig. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 43-15 Amending City of Dubuque Code of Ordinances Title 16 Unified Development Code, Chapter 9 Zoning Advisory Commission Applications and Procedures by repealing Section 16-9-1 Zoning Advisory Commission and adopting a new Section 16-9-1 Zoning Advisory Commission in lieu thereof Establishing the Zoning Advisory Commission, Providing for the Powers, Operation, Membership, and Meetings. Seconded by Braig. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Jones acknowledged the deaths of retired Dubuque Police Officer Bob Flannery; and leading citizens Jim Waller, Larry Cremer, and Steve Daykin. Mayor Buol reported on his attendance at the recent U.S. Conference of Mayors in San Francisco highlighting the escalating costs of infrastructure repairs nationwide; how Charleston, SC, is coping with the recent shootings; solarizing Blacksburg, VA; and President Obama's mention of Dubuque for its sustainability efforts. PUBLIC INPUT 11 Adam Schwendinger, 1845 Bennett Street, addressed the City Council regarding his concerns with residential parking issues between the Bennett Street neighborhood and the University of Dubuque. CLOSED SESSION Motion by Jones to convene in closed session at 7:40 p.m. to discuss pending litigation and property acquisition pursuant to Chapter 21 .5(1)(c), -Q) Code of Iowa. Seconded by Connors. Motion carried 7-0. Upon motion the City Council reconvened in open session at 8:36 p.m. stating that staff had been given proper direction. There being no further business, upon motion the City Council adjourned at 8:37 p.m. /s/Kevin S. Firnstahl, CMC City Clerk 1t 7/15 12