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Proof Council Minutes 7 7 03 zens regarding the ~o- ~jnl~tohryne Bauefly request-' e~.r~_. _, .at 145 South 'Commu~ati0~ f~mJ Manager, , race vecT and ~T AdSpfing Supplement No. ~aivage Warehouse: ~Vage Warehouse, upon I mte~ subm~ed by safety National for the City's ~Vorke~s CompensatiOn Excess Insurance effective -~uly I, 2003, upon mofion {eceived and filed a~d ~p~)rOved recommenda- Voluntary Annexation ~ _,~est: Communication ":f~rn the City the Ge0[ge W. Rogers ResoJution and Finance STATE OF IOWA DUBUQUE COUNTY {SS: CERTIFICATION OF PUBLICA~ I, Sherri A. Yutzy, a Billing Clerk for Woodward Cc corporation, publisher of the Telegraph Herald,a neu published in the City of Dubuque, County of Dubuq~ certify that the attached notice was published in said dates: July 16, 2003, and for which the charge is $19~. McGuire {o ting mo~ion n lr tll:l Will/Urn. OT $124,505.34, upon motion received and filed. Buol moved adoption of Resolution No. 215-03 Accepting improvement and Resolution No. 216-03 Approving final estimate. Seconded by Markham. Motion carried 7-0. State Historical Society of Iowa: Communication from the State Historical Society of Iowa advising that the George W. Rogers ',Company Shot Tower was listed in the National Register of Historic Places effective May 22, 2003, upon motion received and filed. West Locust Street Storm Sewer Project: City Manager recommending acceptance of the West 'Locust Street Storm Sewer Project as completed by Connolly Construction in the final contract amount of• $183,821.32, upon motion received and filed. Buol moved adoption of Resolution No. 217-03 Accepting improvement and Resolution No. 218-03 Approving final estimate. Seconded by Markham. Motion carried 7-0. Grand River Center - Bid Package #1: City Manager recommending accep- tance of the Grand River Center - Bid Package #1 Project as completed by Kraemer Brothers, LLC, in the final contract amount of $1,665,043.68, upon motion received and filed. Buol moved adoption of Resolution No. 219-03 Accepting improvement and Resolution No. 220-03 Approving final estimate. Seconded by Markham. Motion carried 7-0. Main Street Buildings' Litigation: Corporation Counsel requesting approval of the terms of the. settlement agreement in the Main Street Buildings' Litigation and directing the Finance Department to issue pay- ment, upon motion 'received and filed and approved request and issuance of payment. Iowa Department of Transportation - Pre - Design Agreement: City Manager recommending approval of a Pre -Design Agreement between the City of Dubuque and the rIowa Department of Transportation for improvements to US 20 relating to the proposed new US 20 Mississippi River Crossing Project, upon motion received and filed. Buol moved adop- tion of Resolution No. 221- 03 Approving Pre -Design . Agreement between the City of Dubuque and the Iowa Department of Transportation for the US 20 Mississippi River Crossing Project. Seconded by Markham. Motion carried 7-0. Dubuque Hardwoods / Miller Logging / Peavey Grain Redevelopment Project: City Manager rec- ommending approval of a combined notice of finding of no significant impact on the environment and notice of intent to request release of funds for the Dubuque Hardwoods / Miller Logging / Peavey Grain Redevelopment Project, upon motion received and filed. Buol moved adoption uovernor 1 nomas Vilsack regarding the Iowa Values Fund legislation and the Republican proposals for tax and regulatory changes, upon motion received and filed. Iowa League of Cities: Communication from Susan Judkins and Konni Kay Cawiezell, Iowa League of Cities, request- ing that the City Manager participate on the League's Legislative Policy Committee for the 2004 legislative session, upon motion received and filed and the City Manager's participation approved. Dubuque Area Chamber of Commerce Loan Agreement: City Manager recommending approval of a loan agreement between the City of Dubuque and the Dubuque Area Chamber of Commerce, as approved during the Fiscal Year 2004 budget process, to support the marketing efforts of the America's River project, upon motion received and filed. Buol moved adoption of Resolution No. 224-03 Approving a loan agree- ment between the City of Dubuque, Iowa and the Dubuque Area Chamber of Commerce for loan funds for the start-up marketing effort by the Convention and Visitors Bureau for the America's River Project. Seconded by Markham. Motion carried 7-0. Economic Development Administration Amendment to Contract: City Manager recommend- ing approval of Project Amendment #1 with the Economic Development Administration to extend the start date to December 17, 2003 and the end date to June 17, 2005 for the Adams Company reloca- tion and demolition project. upon motion received and filed. Buol moved adop- tion of Resolution No. 225- 03 Authorizing the execu- tion of Project Amendment No. 1 to a contract with the Economic Development Administration. Seconded by Markham. Motion car- ried 7-0. U.S. Department of Housing and Urban Development (HUD): City Manager recommending approval of a Community Development Block Grant (CDBG) Agreement with the U.S. Department of Housing and Urban Development (HUD) in the amount of $1,481,000 for the program year begin- ning July 1, 2003 and end- ing June 30, 2004, upon motion received and filed. Buol moved adoption of Resolution No. 226-03 Authorizing execution of a Community Development Block Grant Agreement with the U.S. Department of Housing and Urban Development. Seconded by Markham. Motion car- ried 7-0. Stormwater Utility Implementation: City Manager providing an update on the Stormwater Utility Implementation, upon motion received and filed. Transit Trustee Board: Communication from the Transit Trustee Board rec- ommending changes to the proposed budget reduc- tions, upon motion Walnut Tap, and Airport Inn; and a Class "B" Wine Permit to Ooh La La. Seconded by Markham. Motion carried 7-0. ITEMS TO BE SET FOR PUBLIC HEARING Sale of Real Property at 2521 Stafford Street City Manager recommending that a public hearing be set for July 21, 2003 to consid- er disposing of real proper- ty located at 2521 Stafford Street to Kristy Monahan - Smith, upon motion received and filed. Cline moved adoption of Resolution No. 230-03 of Intention to dispose of City -owned property, specifically, Lot Two (2) of Lot One (1) and the east one-half (E1/2) of Lot Four (4) of Lot Two (2) both in Greiger's Subdivision in the City of Dubuque, Dubuque County, Iowa according to the recorded plat thereof; otherwise known as 2521 Stafford Street and further set this for public hearing on 7/21/03 at a meeting to commence at 6:30 P.M. in the public library auditori- um and that the City Clerk publish notice in the man- ner prescribed by law. Seconded by Connors. Motion carried 7-0. Cooper Development Loan Subordination Agree- ment: City Manager rec- ommending that a public hearing be set for July 21, 2003 to consider approval of a Subordination Agreement with Dubuque Bank and Trust Company related to the City's mort- gage interest associated with Cooper Development Company's Downtown Rehabilitation Loan, upon motion received and filed. Cline moved adoption of Resolution No. 231-03 Declaring the intent of the City of Dubuque, Iowa to subordinate a mortgage interest in certain real estate and set this for pub- lic hearing on 7/21/03 at a meeting to commence at 6:30 P.M. in the public library auditorium and that the City Clerk publish notice in the manner pre- scribed by law. Seconded by Connors. Motion carried 7-0. BOARDS/COMMISSIONS Appointments to the fol- lowing Boards / Commissions: Civic Center Commission (Two three- year terms to expire 6/29/06 - terms of Dolphin and Fuller): Applicants: Gary Dolphin and Cynthia A. Fuller. Upon motion Gary Dolphin and Cynthia Fuller reappointed to three year terms to expire 6/29/06. Long Range Planning Advisory Commission (Two three -years terms through 7/1/06 - terms of Neumeister and Stein): Applicants: Dr. Mary Lynn Neumeister and Rick Stein. Upon motion Dr. Mary Lynn Neumeister and Rick Stein reappointed to three year terms which will expire 7/1/06. Park and Recreation Advisory Commission (One three-year term through 6/30/06 - term of Duggan): Applicant: Chuck Duggan. Upon motion Chuck Duggan reappointed to a three year term which will expire 6/30/06. ACTION ITEMS holds to be displaced due to stormwater mitigation activities related to the Bee Branch Basin, and begin- ning acquisition for the 32nd Street Detention Basin, upon motion received and filed and approved recommenda- tion. Council discussed this project and directed that a specific staff member be designated as a contact for homeowners and that an explicit time frame be read- ily available. Housing and Community Development Director David Harris responded that his depart- ment would be the contact for the homeowners. Low -Income Subsidy for Stormwater Utility: City Manager recommending approval of the low-income subsidy criteria for the Stormwater Utility that is used by Utility Billing for refuse subsidies, upon motion received and filed and approved recommen- dation. Affordable Housing Task Force Report Update: City Manager recommending revisions for implementa- tion of the Affordable Housing Task Force 2001 report, upon motion received and filed and approved recommenda- tion. RISE Grant for Highway 32 (Southwest Arterial): City Manager recommend- ing approval of the applica- tion for a Revitalize Iowa's Sound Economy (RISE) grant from the Iowa Department of Transportation for the con- struction of Iowa Highway 32 (Southwest Arterial), upon motion received and filed. Cline moved adop- tion of Resolution No. 232- 03 Authorizing the filing of an application to the lowa Department of Transportation. Seconded by Connors. Motion car- ried 7-0. Health Services Department Weed Procedures: City Manager submitting two options for revisions to the City's weed procedures and requesting City Council direction, upon motion received and filed. Donna Schmidt, 352 O'Neill St., spoke objecting to the condition of a neigh- boring home. Council discussed the merits of the various time frames to accomplish the necessary clean-up. Ordinance No. 46-03 Amending Chapter 42 Vegetation of the City of Dubuque Code of Ordinances by repealing Section 45-52 Notice to Property Owner to Remove; by amending Section 45-53 Compliance with Removal Notice Required; by amending Section 45-54 Collection of Cost of Removal by City; and by repealing Section 45-55 Failure to Comply with Weed Removal Notice After Service of Second Notice, presented and read. Buol moved that the requirement that a pro- posed Ordinance be con- sidered and voted on for passage at two Council Meetings prior to the meet- ing at which it is to be final- ly passed be suspended thereto a new Division 6 Sidewalk Cafes, presented and read. Michalski moved that the require- ment 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 finally passed be suspended and further moved final consid- eration and passage of the Ordinance. Seconded by Connors. Motion carried 7-0. Long Range Planning Advisory Commission: Appointment of Council representative and alter- nate to the Long Range Planning Advisory Commission (currently Council Member Buol and Mayor Duggan as alter- nate) for term from July 1, 2003 through June 30, 2004, upon motion received and filed and reappointed the present appointees. Safety of the Public: City Manager providing infor- mation related to citizen safety issues, upon motion received and filed. Fiscal Year 2004 Budget Amendment: City Manager submitting modifications to the Fiscal Year 2004 Budget Amendment rec- ommendations for the July 9, 2003 public hearing, upon motion received and filed. There being no further business, upon motion meeting adjourned at 8:15 P.M. /s/ Jeanne F. Schneider, CMC, City Clerk 7/16 STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Sherri A. Yutzy, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: July 16, 2003, and for which the charge is $199.01. Subscribed to before this 4— day o a Notary Public in and for Dubuque County, Iowa, ,20&g . Notary Public in and for Dubuque CMunty, Iowa. le `•e MARY K. WESTERMEYER Commission Number 154885 a r My Comm. Exp. FEB. 1, 2005 euupuun ur auppiemen No. 58 to the Code of Ordinances, upon motion received and filed:"Buol-- moved adoption of Resolution No. 214-03 Adopting Supplement No. 58 to the Code of Ordinances of the City of Dubuque, Iowa. Seconded by Markham. Motion car- ', ried 7-0. Midwest Architectural Salvage Warehouse: Communication from the Historic Preservation Com- mission to Vance DeLire advising that the Commission is in full sup- port of the creation of the Midwest Architectural ,Salvage Warehouse, upon motion received and filed. Worker's Compensation Excess Insurance: City Manager recommending rates submitted by Safety National for the City's Worker's Compensation Excess Insurance effective -July 1, 2003, upon motion received and filed and approved recommenda- tion. Voluntary Annexation • Request: Communication from the City Manager to the Mayor of Asbury requesting that the Asbury City Council deny the vol- untary annexation request of Joel Callahan, Callahan Construction, Inc., upon motion received and filed. Dubuque Main Street, Ltd.: Communication from Bob Felderman, President of Dubuque Main Street, Ltd., thanking the Council for their support of the Dubuque Main Street, Ltd, 2020 District Plan, upon motion received and filed. Flat Iron Park Renovation Project: City Manager rec- ommending acceptance of the Flat Iron Park Renovation Project as completed by Fondell Excavating in the final con- tract amount of $124,505.34, upon motion received and filed. Buol moved adoption of Resolution No. 215-03 • Accepting improvement and Resolution No. 216-03 Approving final estimate. Seconded by Markham. Motion carried 7-0. State Historical Society of Iowa: Communication from the State Historical Society of Iowa advising that the George W. Rogers ,,Company Shot Tower was listed in the National Register of Historic Places effective May 22, 2003, upon motion received and filed. West Locust Street Storm Sewer Project: City Manager recommending acceptance of the West 'Locust Street Storm Sewer Project as completed by Connolly Construction in the final contract amount of• $183,821.32, upon motion received and filed. Buol moved adoption of Resolution No. 217-03 Accepting improvement and Resolution No. 218-03 Approving final estimate. Seconded by Markham. Motion carried 7-0. Grand River Center - Bid Package #1: City Manager recommending accep- tance of the Grand River Center - Bid Package #1 Project as completed by Kraemer Brothers, LLC, in the final contract amount of $1,665,043.68, upon motion received and filed. Buol moved adoption of Resolution No. 219-03 Accepting improvement and Resolution No. 220-03 Approving final estimate. Seconded by Markham. Motion carried 7-0. Main Street Buildings' Litigation: Corporation Counsel requesting approval of the terms of the. settlement agreement in the Main Street Buildings' Litigation and directing the Finance Department to issue pay- ment, upon motion received and filed and approved request and issuance of payment. Iowa Department of Transportation - Pre - Design Agreement: City Manager recommending approval of a Pre -Design Agreement between the City of Dubuque and the Iowa Department of Transportation for improvements to US 20 relating to the proposed new US 20 Mississippi River Crossing Project, upon motion received and filed. Buol moved adop- tion of Resolution No. 221- 03 Approving Pre -Design .Agreement between the City of Dubuque and the Iowa Department of Transportation for the US 20 Mississippi River Crossing Project. Seconded by Markham. Motion carried 7-0. Dubuque Hardwoods / Miller Logging / Peavey Grain Redevelopment Project: City Manager rec- ommending approval of a combined notice of finding of no significant impact on the environment and notice of intent to request release of funds for the Dubuque Hardwoods / Miller Logging / Peavey Grain Redevelopment Project, upon motion received and filed. Buol moved adoption of Resolution No. 222-03 Authorizing publication of a combined notice of finding of no significant impact on the environment and notice of intent to request release of funds for Dubuque Hardwoods / Miller Logging / Peavey Grain Redevelopment Project. Seconded by Markham. Motion carried 7-0. Fiscal Year 2003 Annual Action Plan - Amendment #5: City Manager recom- mending approval of Amendment #5 to the City's Community Development Block Grant (CDBG) Fiscal Year 2003 Annual Action Plan, upon motion received and filed. Buol moved adoption of Resolution No. 223-03 Approving Amendment #5 to the Fiscal Year 2003 (Program Year 2002) Annual Action Plan for Community Development Block Grant funds. Seconded by Markham. Motion carried 7-0. Office of the Governor: Communication from Governor Thomas Vilsack regarding the Iowa Values Fund legislation and the Republican proposals for tax and regulatory changes, upon motion received and filed. Iowa League of Cities: Communication from Susan Judkins and Konni Kay Cawiezell, Iowa League of Cities, request- ing that the City Manager participate on the League's Legislative Policy Committee for the 2004 legislative session, upon motion received and filed and the City Manager's participation approved. Dubuque Area Chamber of Commerce Loan Agre9rnent: City Manager recommending approval of a loan agreement between the City of Dubuque and the Dubuque Area Chamber of Commerce, as approved during the Fiscal Year 2004 budget process, to support the marketing efforts of the America's River project, upon motion received and filed. Buol moved adoption of Resolution No. 224-03 Approving a loan agree- ment between the City of Dubuque, Iowa and the Dubuque Area Chamber of Commerce for loan funds for the start-up marketing effort by the Convention and Visitors Bureau for the America's River Project. Seconded by Markham. Motion carried 7-0. Economic Development Administration - Amendment to Contract: City Manager recommend- ing approval of Project Amendment #1 with the Economic Development Administration to extend the start date to December 17, 2003 and the end date to June 17, 2005 for the Adams Company reloca- tion and demolition project. upon motion received and filed. Buol moved adop- tion of Resolution No. 225- 03 Authorizing the execu- tion of Project Amendment No. 1 to a contract with the Economic Development Administration. Seconded by Markham. Motion car- ried 7-0. U.S. Department of Housing and Urban Development (HUD): City Manager recommending approval of a Community Development Block Grant (CDBG) Agreement with the U.S. Department of Housing and Urban Development (HUD) in the amount of $1,481,000 for. the program year begin- ning July 1, 2003 and end- ing June 30, 2004, upon motion received and filed. Buol moved adoption of Resolution No. 226-03 Authorizing execution of a Community Development Block Grant Agreement with the U.S. Department of Housing and Urban Development. Seconded by Markham. Motion car- ded 7-0. Stormwater Utility Implementation: City Manager providing an update on the Stormwater Utility Implementation, upon motion received and filed. Transit Trustee Board: Communication from the Transit Trustee Board rec- ommending changes to the proposed budget reduc- tions, upon motion received and filed. Business License Refunds: Request of Sumba) Corp for a refund of their beer permit in the amount of $18.75, upon motion received and filed and approved refund. Request of MVL, Inc. for a refund of their beer and liquor combination license for A and B Tavem in the amount of $633.75, upon motion received and filed and approved refund. Business Licenses: Buol moved adoption of Resolution No. 227-03 Granting the issuance of 33 cigarette renewal permits; Resolution No. 228-03 Granting the issuance of a Class "B" Beer Permit (5 Day Special Event) to Dubuque Jaycees (Tents A, B, and C), Northend Neighborhood Association and Four Mounds Foundation; and Resolution No. 229-03 Granting the issuance of a Class "C" Beer/Liquor License to Murphs South End, Diamond Jo Casino, Walnut Tap, and Airport Inn; and a Class "B" Wine Permit to Ooh La La. Seconded by Markham. Motion carried 7-0. ITEMS TO BE SET FOR PUBLIC HEARING Sale of Real Property at 2521 Stafford Street: City Manager recommending that a public hearing be set for July 21, 2003 to consid- er disposing of real proper- ty located at 2521 Stafford Street to Kristy Monahan - Smith, upon motion received and filed. Cline moved adoption of Resolution No. 230-03 of Intention to dispose of City -owned property, specifically, Lot Two (2) of Lot One (1) and the east one-half (E1/2) of Lot Four (4) of Lot Two (2) both in Greiger's Subdivision in the City of Dubuque, Dubuque County, Iowa according to the recorded plat thereof; otherwise known as 2521 Stafford Street and further set this for public hearing on 7/21/03 at a meeting to commence at 6:30 P.M. in the public library auditori- um and that the City Clerk publish notice in the man- ner prescribed by law. Seconded by Connors. Motion carried 7-0. Cooper Development Loan Subordination Agree- ment: City Manager rec- ommending that a public hearing be set for July 21, 2003 to consider approval of a Subordination Agreement with Dubuque Bank and Trust Company related to the City's mort- gage interest associated with Cooper Development Company's Downtown Rehabilitation Loan, upon motion received and filed. Cline moved adoption of Resolution No. 231-03 Declaring the intent of the City of Dubuque, Iowa to subordinate a mortgage interest in certain real estate and set this for pub- lic hearing on 7/21/03 at a meeting to commence at 6:30 P.M. in the public library auditorium and that the City Clerk publish notice in the manner pre- scribed by law. Seconded by Connors. Motion carried 7-0. BOARDS/COMMISSIONS Appointments to the fol- lowing Boards / Commissions: Civic Center Commission (Two three- year terms to expire 6/29/06 - terms of Dolphin and Fuller): Applicants: Gary Dolphin and Cynthia A. Fuller. Upon motion Gary Dolphin and Cynthia Fuller reappointed to three year terms to expire 6/29/06. Long Range Planning Advisory Commission (Two three -years terms through 7/1/06 - terms of Neumeister and Stein): Applicants: Dr. Mary Lynn Neumeister and Rick Stein. Upon motion Dr. Mary Lynn Neumeister and Rick Stein reappointed to three year terms which will expire 7/1/06. Park and Recreation Advisory Commission (One three-year term through 6/30/06 - term of Duggan): Applicant: Chuck Duggan. Upon motion Chuck Duggan reappointed to a three year term which will expire 6/30/06. ACTION ITEMS Asbury Plaza Detention Facility: Communication of Wemer Hellmer, represent- ing Joseph and Judy Riniker, requesting to address the Council regarding the Asbury Plaza Detention Facility and City Manager responding to the communication from Werner Hellmer regarding the Asbury Plaza Detention Facility, upon motion received and filed. Attorney Werner Hellmer spoke stating the detention basin is not functional. Assistant City Engineer Gus Psihoyos advised that the City is working with the developer to correct the situation. He further stated that a new erosion control ordinance should be com- pleted by March, 2004. Acquisition -Relocation Assistance Program for Bee Branch Basin Stormwater Mitigation Activities: City Manager recommending approval of policies and procedures for administration of an assis- tance program to house- holds to be displaced due to stormwater mitigation activities related to the Bee Branch Basin, and begin- ning acquisition for the 32nd Street Detention Basin, upon motion received and filed and approved recommenda- tion. Council discussed this project and directed that a specific staff member be designated as a contact for homeowners and that an explicit time frame be read- ily available. Housing and Community Development Director David Harris responded that his depart- ment would be the contact for the homeowners. Low -Income Subsidy for Stormwater Utility: City Manager recommending approval of the low-income subsidy criteria for the Stormwater Utility that is used by Utility Billing for refuse subsidies, upon motion received and filed and approved recommen- dation. Affordable Housing Task Force Report Update: City Manager recommending revisions for implementa- tion of the Affordable Housing Task Force 2001 report, upon motion received and filed and approved recommenda- tion. RISE Grant for Highway 32 (Southwest Arterial): City Manager recommend- ing approval of the applica- tion for a Revitalize Iowa's Sound Economy (RISE) grant from the Iowa Department of Transportation for the con- struction of Iowa Highway 32 (Southwest Arterial), upon motion received and filed. Cline moved adop- tion of Resolution No. 232- 03 Authorizing the filing +df an application to the Iowa Department of Transportation. Seconded by Connors. Motion car- ried 7-0. Health Services Department Weed Procedures: City Manager submitting two options for revisions to the City's weed procedures and requesting City Council direction, upon motion received and filed. Donna Schmidt, 352 O'Neill St., spoke objecting to the condition of a neigh- boring home. Council discussed the merits of the various time frames to accomplish the necessary clean-up. Ordinance No. 46-03 Amending Chapter 42 Vegetation of the City of Dubuque Code of Ordinances by repealing Section 45-52 Notice to Property Owner to Remove; by amending Section 45-53 Compliance with Removal Notice Required; by amending Section 45-54 Collection of Cost of Removal by City; .I and by repealing Section 45-55 Failure to Comply with Weed Removal Notice After Service of Second Notice, presented and read. Buol moved that the requirement that a pro- posed Ordinance be con- sidered and voted on for passage at two Council Meetings prior to the meet- ing at which it is to be final • - ly passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Markham. Carried by the following vote: Yeas—Buol, Connors, Duggan, Markham, Michalski, Nicholson. Nays —Cline. Carter Road Detention Basin - Design Parameters: City Manager recommending approval of design parameters con- tained in Option #3 as developed by Veenstra and Kimm for the Carter Road Detention Basin, upon motion received and filed and approved recommen- dation. Sidewalk Cafe Ordinance: City Manager recommend- ing approval of criteria for the placement of sidewalk cafes on public right-of- way, upon motion received and filed. Ordinance No. 47-03 Amending Chapter 41 Streets, Sidewalks and Other Public Places of the City of Dubuque Code of Ordinances by adding thereto a new Division 6 Sidewalk Cafes, presented and read. Michalski moved that the require- ment 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 finally passed be suspended and further moved final consid- eration and passage of the Ordinance. Seconded by Connors. Motion carried 7-0. Long Range Planning Advisory Commission: Appointment of Council representative and alter- nate to the Long Range Planning Advisory Commission (currently Council Member Buol and Mayor Duggan as alter- nate) for term from July 1, 2003 through June 30, 2004, upon motion received and filed and reappointed the present appointees. Safety of the Public: City Manager providing infor- mation related to citizen safety issues, upon motion received and filed. Fiscal Year 2004 Budget Amendment: City Manager submitting modifications to the Fiscal Year 2004 Budget Amendment rec- ommendations for the July 9, 2003 public hearing, upon motion received and filed. There being no further business, upon motion meeting adjourned at 8:15 P.M. /s/ Jeanne F. Schneider, CMC, City Clerk 7/16 STATE OF IOWA DUBUQUE COUNTY CERTIFICATION OF PUBI I, Sherri A. Yutzy, a Billing Clerk for Woodw corporation, publisher of the Telegraph Herald published in the City of Dubuque, County of I certify that the attached notice was published i dates: July 16, 2003, and for which the charge Subscribed to before rpe, a Notary Public in an this /6 6# day o Notary Public in CITY OF DUBUQUE, IOWA COUNCIL PROCEEDINGS OFFICIAL City Council, Regular Session, July 7, 2003 Council met at 6:30 P.M. in the Public Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Connors, Markham, Michalski, Nicholson, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl. Mayor Duggan read the call and stated this is a reg- ular session of the City Council called for the pur- pose of discussing such matters which may proper- ly come before the City Council. Invocation was given by Reverend Matthew Harris, Pastor of The Bridge Christian Church. Minutes and Reports • Submitted: City Council of 6/16 and 6/23; Civic Center Commission of 4/14 and 5/19; Community Development Advisory Commission of 4/30 and 5/28; Downtown Planning Committee of the Long Range Planning Commission of 6/9; Historic Preservation Commission of 6/19; Housing Commission of 5/27; Mechanical Board of 6/25; Park and Recreation Commission of 6/10; Zoning Board of Adjustment of 6/26, upon motion received and filed. Proofs of publication of City Council Proceedings of 6/2 and 6/16, and List of Claims and Summary of Revenues for month end- ing May 31, 2003, upon motion received and filed. Printed Council Proceedings of April, 2003, upon motion received and filed and approved as filed and approved as printed. Notice of Claims/Suits: Mark Friedenberger for vehicle damage; Mike and Jodi Hoskins for vehicle damage, upon motion referred to the Legal Staff for investigation and report. Corporation Counsel rec- omrnending settlement of the claim of Mike and Jodi Hoskins for vehicle dam- age and denial of the por- tion of the claim for lost wages, upon motion received and filed and directed Finance Director to issue payment. Corporation Counsel rec- ommending settlement of the claim of Michael Bartolotta for towing fees and denial of the portion of the claim for vehicle stor- age, upon motion received and filed and directed Finance Director to issue payment. Fiscal Year 2004 Budget Amendment: Communications from citi- zens regarding the pro- posed Fiscal Year 2004 budget amendment, upon motion received and filed. Requests to Purchase City Property: Communication from M. Kathryne Bauerly request- ing to purchase a portion of a City alley abutting prop- erty at 145 South Grandview, upon motion received and filed and referred to the City Manager. 'Communication from John E. Knox, The Finley , Hospital, requesting to purchase a portion of a City alley abutting The Finley Hospital property at 1408 Delhi Street, upon motion received and filed and referred to the City Manager. Request of Bill and Patty McGuire to purchase a , portion of a City alley abut- ting their property at 750 Montcrest Street, upon motion received and filed and referred to the City Manager. Supplement No. 58 to the Code of Ordinances: City Manager recommending adoption of Supplement iNo. 58 to the Code of Ordinances, upon motion received and filed. Buol moved adoption of Resolution No. 214-03 Adopting Supplement No. 58 to the Code of Ordinances of the City of Dubuque, Iowa. Seconded by Markham. Motion car- ried 7-0. Midwest Architectural Salvage Warehouse: Communication from the Historic Preservation Com- mission to Vance DeLire advising that the Commission is in full sup- port of the creation of the Midwest Architectural ;Salvage Warehouse, upon motion received and filed. Worker's Compensation Excess Insurance: City Manager recommending of +k, -VS4, rates submitted by Safety National for the City's Worker's Compensation Excess Insurance effective -July 1, 2003, upon motion received and filed and approved recommenda- tion. Voluntary Annexation Request: Communication from the City Manager to the Mayor of Asbury of Resolution No. 222-03 Authorizing publication of a combined notice of finding of no significant impact on the environment and notice of intent to request release of funds for Dubuque Hardwoods / Miller Logging / Peavey Grain Redevelopment Project. Seconded by Markham. Motion carried 7-0. Moroi Voar 9nn.'2 Annnal received and filed. Business License Refunds: Request of Sumbal Corp for a refund of their beer permit in the amount of $18.75, upon motion received and filed and approved refund. Request of MVL, Inc. for a refund of their beer and liquor combination license for A and B Tavem in the amnunt OT U3f3.5. ro. uoon Asbury Plaza Detention Facility: Communication of Wemer Hellmer, represent- ing Joseph and Judy Riniker, requesting to address the Council regarding the Asbury Plaza Detention Facility and City Manager responding to the communication from Werner Hellmer regarding the Asbury Plaza Detention racmwv, upon mUuUn and further moved final consideration and passage of the Ordinance. Seconded by Markham. Carried by the following vote: Yeas—Buol, Connors, Duggan, Markham, Michalski, Nicholson. Nays —Cline. Carter Road Detention Basin - Design Parameters: City Manager rornmmanriinn annrnval of