Loading...
6 18 01 City Council Proceedings OfficialCITY OF DUBUQUE, IOWA COUNCIL PROCEEDINGS OFFICIAL City Council, Regular Session, June 18, 2001 Council met in Regular Session at 6:30 P.M. in the Library Auditorium ` Present: Mayor Duggan, Council Members Buol, Cline, Markham, Michalski, Nicholson, Robbins, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl. Mayor Duggan read the call and stated this is the regular session of the City Council called for the purpose of acting upon such business which may properly come before the City Council. Invocation was given by Reverend Andrew Eagan, Pastor, St. Thomas of Canterbury Anglican Church CONSENT ITEMS Minutes Submitted: Airport Commission of 6/7; Civil Service of 5/11; Library Board of 4/25; Zoning Board of Adjustment of 5/24, upon motion received and filed. Proof of publication of List of Claims and Summary of Revenues for month ending April 30, 2001; Proof of publication of Council Proceedings of May 7 and May 21, 2001, upon motion received and filed. Finance Director Kenneth J. TeKippe submitting the Financial Reports for the month ending May 31, 2001,upon motion received and filed. Notice of Claims/Suits: Roger F. Hanselmann in estimated amount of $9,900 plus tax for property damage; Delmer Scales in estimated amount of $150 - $200 for property damage, upon motion referred to the Legal Staff for investigation and report. Corporation Counsel advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Roger Hanselmann for property damage; Scott Lovett for vehicle damage; Donald and Linda Root for property damage, upon motion received and filed and concurred. Corporation Counsel recommending settlement of the claim of Jonathan Denham for moped towing in the amount of $39.75 and the claim of Chad Weydert for vehicle damage in the amount of $252.63, and that the Finance Director be directed to issue payment, upon motion received and filed and approved recommendation. Corporation Counsel recommending denial of the claims of Bill Miller for property damage and David Ludovissy for property damage, upon motion received and filed and concurred. Corporation Counsel recommending that the claim of Kathy Kahle be administratively closed and forwarded to Horsfield Construction, upon motion received and filed and concurred. Citizen Communications: Communication of Herb Van Zile regarding the new Dubuque/East Dubuque bridge, upon motion received and filed and referred to the City Manager. Communication of Dennis Schmitt, Dubuque Community Church, requesting that the Key Stone stub street at the intersection of Key Way and Key Stone be vacated, upon motion received and filed and referred to the City Manager. Bressler Outdoor Advertising: Communication from Jennifer Sloane, General Counsel for Bressler Outdoor Advertising, LLC, regarding the denial of their request for an off-premise sign permit for property located at 44 Main Street, upon motion referred to the Legal Staff. Communication of Assistant City Attorney James A. O’Brien to Jennifer Sloane, General Counsel for Bressler Outdoor Advertising, regarding their request for an off-premise sign permit for 44 Main Street and the appropriate appeal process, upon motion referred to the Legal Staff. Civil Service Commission: Civil Service Commission submitting the certified lists for the positions of Assistant Fire Marshal and Clerk Typist, upon motion received and filed and resolved to make these a matter of record. Collective Bargaining Agreement between the City of Dubuque and the Teamster’s Union, Local #421: City Manager recommending approval of the Collective Bargaining Agreement between the City of Dubuque and the Teamster’s Union, Local #421, upon motion received and filed. Buol moved adoption of Resolution No. 255-01Approving the agreement between the City of Dubuque and the Teamster’s Union, Local #421 and authorizing the Mayor to sign the agreement. Seconded by Markham. Motion carried 7-0. Project Concern Minibus Contract: City Manager recommending an increase in the Fiscal Year 2001 Purchase of Service Agreement with Project Concern for minibus service from $195,000 to $213,000,upon motion received and filed and approved recommendation. City Manager Employment Agreement: Submittal of the Tenth Amendment to the City Manager’s Employment Agreement for approval,upon motion received and filed and approved. Dubuque Thunderbirds Rental Agreement: City Manager recommending approval of a rental agreement between the Five Flags Center and Dubuque Hockey, Inc. (Dubuque Thunderbirds) for the use of the Five Flags Center for the 2001 – 2002 hockey season, upon motion received and filed and approved recommendation. City Manager recommending that the City Council sponsor the Dubuque County Historical Society’s National Scenic Byway Program grant application for creation of a Great River Road Interpretive Center at the Mississippi River Discovery Center, upon motion received and filed. Buol moved adoption of Resolution No. 256-01 Sponsoring a National Scenic Byways Grant Application. Seconded by Markham. Motion carried 7-0. Glendale Addition No. 3 – Plat of Survey: Zoning Advisory Commission advising of their approval of the Plat of Survey for Glendale Addition No. 3 as requested by Randall Klauer. Buol moved adoption of Resolution No. 257-01 Approving the Plat of Survey of Lots 1 through 3 of Glendale Addition No. 3. Seconded by Markham. Motion carried 7-0. : Heritage Trail Extension – Recreational Trails Grant Application City Manager recommending approval of a Recreational Trails Grant Application to the Iowa Department of Transportation for extension of the Heritage Trail from the Heron Pond Wetlands Nature Trail to the Dubuque Jaycees Trail,upon motion received and filed. Buol moved adoption of Resolution No. 258-01 2 Authorizing a grant application for Iowa Department of Transportation Recreational Trails Funds for the Heritage Trail extension from the Heron Pond Wetlands Nature Trail to the Dubuque Jaycees Trail. Seconded by Markham. Motion carried 7-0. Design Guidelines Manual Consultant Selection: City Manager recommending approval of the Durrant Group as the consultant selection for the Historic District Design Guidelines, upon motion received and filed. Buol moved adoption of Resolution No. 259-01 Awarding a contract for Historic District Design Guidelines. Seconded by Markham. Motion carried 7-0. John F. Kennedy Road – Acceptance of Warranty Deed and Grant of Easement: City Manager recommending acceptance of a Warranty Deed for right-of-way purchase and a Grant of Easement for Lateral Support on John F. Kennedy Road for the reconstruction project scheduled for 2001 – 2002,upon motion received and filed. Buol moved adoption of Resolution No. 260-01 Accepting a conveyance of property (Lot 1 and Lot 2 of Aird Place) from Randal P. and Lisa A. Aird on John F. Kennedy Road to the City of Dubuque; Resolution No. 261-01 Accepting a Grant of Easement for Lateral Support from Richard J. and Marie V. Benson on John F. Kennedy Road to the City of Dubuque. Seconded by Markham. Motion carried 7-0. Villa Street Retaining Wall – Acceptance: City Manager recommending acceptance of the Villa Street Retaining Wall Project in the finalcontract amount of $116,890.24,upon motion received and filed. Buol moved adoption of Resolution No. 262-01 Accepting improvement and Resolution No. 263-01 Approving final contract amount of $116,890.24. Seconded by Markham. Motion carried 7-0. Fischer Cold Storage Demolition Project – Acceptance: City Manager recommending acceptance of the Fischer Cold Storage Demolition Project in the final contract amount of $180,725., upon motion received and filed. Buol moved adoption of Resolution No. 264-01 Accepting improvement; and Resolution No. 265-01 Approving final contract amount of $180,725. Seconded by Markham. Motion carried 7-0. Dubuque Humane Society – Purchase of Services Agreement: City Manager recommending approval of an agreement between the Dubuque Humane Society and the City of Dubuque for provision of animal shelter services through June 30, 2002,upon motion received and filed and approved recommendation. Dubuque Area Chamber of Commerce Convention and Visitors Bureau – Purchase Service Agreement: City Manager recommending approval of a Purchase of Service Agreement with Dubuque Area Chamber of Commerce Convention and Visitors Bureau for Fiscal Year 2002 in the amount of $497,875,upon motion received and filed and approved recommendation. Dubuque Area Labor Management Council – Purchase of Service Agreement: City Manager recommending approval of a Purchase of Service Agreement with Dubuque Area Labor Management Council for Fiscal Year 2002 in the amount of $15,768, upon motion received and filed and approved recommendation. Dubuque Main Street, Ltd. – Purchase of Service Agreement: City Manager recommending approval of a Purchase of Service Agreement with Dubuque Main Street, Ltd., for Fiscal Year 2002 in the amount of $43,966,upon motion received and filed and approved recommendation. 3 Project Concern, Inc. – Foster Grandparent Program – Purchase of Service Agreement: City Manager recommending approval of a Purchase of Service Agreement with Project Concern, Inc. - Foster Grandparent Program for Fiscal Year 2002 in the amount of $5,435, upon motion received and filed and approved recommendation. Greater Dubuque Development Corporation – Purchase of Service Agreement: City Manager recommending approval of a Purchase of Service Agreement with Greater Dubuque Development Corporation for Fiscal Year 2002 in the amount of $127,500, upon motion received and filed and approved recommendation. Helping Services of Northeast Iowa – Purchase of Service Agreement: City Manager recommending approval of a Purchase of Service Agreement with Helping Services of Northeast Iowa, Inc., for Fiscal Year 2002 in the amount of $1,964, upon motion received and filed and approved recommendation. Operation: New View – Purchase of Service Agreement: City Manager recommending approval of a Purchase of Service Agreement with Operation: New View for Fiscal Year 2002 in the amount of $16,708,upon motion received and filed and approved recommendation. Retired and Senior Volunteer Program – Purchase of Service Agreement: City Manager recommending approval of a Purchase of Service Agreement with Retired and Senior Volunteer Program for Fiscal Year 2002 in the amount of $7,341,upon motion received and filed and approved recommendation. Substance Abuse Services Center – Purchase of Service Agreement: City Manager recommending approval of a Purchase of Service Agreement with Substance Abuse Services Center for Fiscal Year 2002 in the amount of $12,390,upon motion received and filed and approved recommendation. Washington Tool Library, Inc. – Purchase of Service Agreement: City Manager recommending approval of a Purchase of Service Agreement with Washington Tool Library, Inc., for Fiscal Year 2002 in the amount of $10,500,upon motion received and filed and approved recommendation. Project Concern, Inc. – Information and Referral and Child Care Referral – Purchase of Service Agreement: City Manager recommending approval of a Purchase of Service Agreement with Project Concern, Inc. – Information and Referral ($23,745) and Child Care Referral ($8,367) for Fiscal Year 2002,upon motion received and filed and approved recommendation. Dubuque Jaycees: Request of the Dubuque Jaycees to transfer their liquor licenses to the Iowa Street Ramp on July 20, 2001 as a rain location for “All That Jazz,”upon motion received and filed and approved request. Business License Refund: Jean Ann Althaus, Family Beverage Center, requesting a refund for , their beer permit in the amount of $75.00upon motion received and filed and approved refund. Business Licenses: Buol moved adoption of Resolution No. 266-01 Granting the issuance of a license to sell Cigarettes and Cigarette Papers within the City to Casey’s General Store at 4 2699 Rockdale Road and 4003 Peru Road; Resolution No. 267-01 Granting the renewal of twelve licenses to sell Cigarettes and Cigarette Papers within the City; Resolution No. 268-01 Granting issuance of a Class B Beer Permit to Dubuque Jaycees (3); and Class C Beer Permit to Kwik Stop Food Mart, Oky Doky #14, and Casey’s General Store (2); Resolution No. 269-01 Granting issuance of a Class C Beer/Liquor License to Diamond Jo Casino Portside, Jym’s Bar, Paul’s Tavern, American Legion Post #6, Dubuque Bowling Lanes, Knicker’s Saloon, Dubuque Five Flags Center, Holiday Inn Five Flags, Duke’s Place; and a Class B Wine Permit to Ooh la La. Seconded by Markham. Motion carried 7-0. BOARDS/COMMISSIONS Interviews for the following Boards/Commissions: Environmental Stewardship Advisory Commission (Youth representative term which will expire June 1, 2002 – Term of Brianna Tully): Applicant: Brianna Tully. No one spoke. Historic Preservation Commission (Two 3-year terms which will expire on July 1, 2004 – Terms th of Bradford and Guinn): Applicants: Pamela Bradford (West 11 Street) and Suzanne M. Guinn (Jackson Park). Pamela Bradford spoke requesting reappointment. Investment Oversight Advisory Commission (Two 3-year terms which will expire on July 1, 2004 – Terms of Reisdorf and Ruden): Applicants: Stephen Reisdorf and Gary L. Ruden. No one spoke. Library Board of Trustees (Five 4-year terms which will expire on July 1, 2005 – Terms of Augspurger, Vandermillen, Strom, Felderman, Smith). Applicants: J. L. Felderman, Clyde Overturff, Lorri Regan, Michael Shubatt, Kristen Smith, Mary L. Strom, Thomas A. Tully. Clyde Overturff conveyed to the City Clerk he is withdrawing his application. Lorri Regan conveyed to the City Clerk she could not be in attendance but is interested in the position. J.L. Felderman, Michael Shubatt, and Thomas A. Tully all spoke requesting consideration for appointment to the Board. Park and Recreation Commission (Three 3-year terms which will expire June 30, 2004 – Terms of Lyness, Sullivan, Hoffmann): Applicants: Danita L. Galdick, Gary L. Harjehausen, Paul E. Hoffmann, Karen C. Lyness. Danita Galdick conveyed to the City Clerk that she could not be in attendance but that she is interested in the Commission. No one spoke. Zoning Advisory Commission (Two 3-year terms which will expire July 1, 2004 – Terms of Bird and Stiles): Applicants: Eugene Bird, Ben Roush, Jeff Stiles. Eugene Bird and Jeff Stiles both spoke requesting reappointment. Appointments to the following Boards/Commissions: Civic Center Commission (Three 3-year terms which expire 6/29/04 – Terms of Bakke, Brannon, Sesterhenn): Applicants: Rod Bakke, Michael P. Brannon, Mark M. Nauman, Steve Sesterhenn. Upon vote, Rod Bakke, Michael P. Brannon, and Steve Sesterhenn all were reappointed. 5 PUBLIC HEARINGS Upon motion the rules were suspended to allow anyone present to speak. Wayne and Lynn Stewart – 8000 Old Highway Road – Rezoning Request: Proof of publication on notice of hearing to consider rezoning property located at 8000 Old Highway Road from County R-1 Single-Family Residential District to City R-1 Single-Family Residential District (in conjunction with annexation), upon motion received and filed. Ordinance No. 33-01 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 8000 Old Highway Road from County R-1 Single- Family Residential District to City R-1 Single-Family Residential District concurrent with annexation, presented and read. Markham moved 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 finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Robbins. Motion carried 7-0. Allen & Urbain Architects/Hills & Dales Development Center – Rezoning Request: Proof of publication on notice of hearing to consider rezoning property located at 1011 Davis Street from R-1 Single-Family Residential District to OR Office Residential District, upon motion received and filed. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 1011 Davis Street from R-1 Single-Family Residential District to OR Office High Density Multi-Family Residential District, presented and read. John Allen of Allen and Urbain Architects and Rick Dickinson as a member of their governing Board spoke requesting adoption of the Ordinance. Joel Glennon, 1004 Davis and Bob Welu, 970 Davis, spoke objecting to the proposed rezoning. Nicholson moved that this matter be tabled to the next meeting. Seconded by Michalski. Motion carried 7-0. Jim Hansen – 1840 Radford Road – Rezoning Request: Proof of publication on notice of hearing to consider rezoning property located at 1840 Radford Road from C-3 General Commercial District to CS Commercial Service and Wholesale District. Ordinance No. 34-01 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 1840 Radford Road from C-3 General Commercial District to CS Commercial Service and Wholesale District with conditions, presented and read. Buol moved 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 finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Markham. Motion carried 7-0. Star Development LLC – End of Raven Oaks Drive – PUD Amendment: Proof of publication on notice of hearing to consider amending an existing PUD Planned Unit Development with a PR Planned Residential District designation to allow a 62 unit senior apartment building on property located at the end of Raven Oaks Drive, upon motion received and filed. Perry Heranda of Star Development, 6735 Vista Green Way, Rockford IL spoke of their proposed housing development. Jim Schwers, formerly of Dubuque and now of Tulsa, OK spoke requesting a road be built from Raven Oaks to Carter Rd. Merlin Langkamp, 2977 Wildwood, nd spoke objecting to the additional drainage water being added to the 32 St. detention basin. Rita Wiebersch of 2675 Raven Oaks, spoke objecting to the proposed development stating that Raven Oaks is not wide enough. Bernie Hefel spoke stating that a road should be built between 6 Raven Oaks and Carter Road, also that Raven Oaks should be widened and parking again be added to the street. Ordinance No. 35-01 Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances by amending the conceptual development plan for Raven Oaks Senior Apartments located at the end of Raven Oaks Drive and currently zoned PUD Planned Unit Development District with a PR Planned Residential Designation, presented and read. Buol moved 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 finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Markham. Carried by the following vote: Yeas—Duggan, Markham, Michalski, Nicholson, Robbins, Buol. Nays—Cline. Text Amendment – City of Dubuque: Proof of publication on notice of hearing to consider a text amendment as requested by the City of Dubuque to allow the keeping of horses as an accessory use, upon motion received and filed. Ordinance No. 36-01 Amending Appendix A (the Zoning Ordinance) of the Code of Ordinances City of Dubuque, Iowa by amending Section 3-1.1(D) Conditional Uses to the R-1 Single-Family Residential District to allow the keeping of horses or ponies as a conditional use and amending Section 8 Definitions by adding definitions for horse and pony, presented and read. Buol moved 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 finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Nicholson. Carried by the following vote: Yeas—Cline, Duggan, Markham, Nicholson, Robbins, Buol. Nays—Michalski. Flora and Sutton Pools Water Playground – Award Contract : Proofs of publication on notice of hearing on plans and specifications and notice to bidders on the receipt of bids, and City Manager recommending award of the contract for the Flora and Sutton Pools Water Playgrounds to Portzen Construction in the amount of $725,021, upon motion received and filed. Markham moved adoption of Resolution No. 270-01 Adopting plans and specifications for the project and Resolution No. 271-01 Awarding contract to Portzen Contract. Seconded by Michalski. Motion carried 6-0 (Nicholson left the Chambers briefly). Traffic Signal Efficiency Program – Award Contract: Proofs of publication on notice of hearing on plans and specifications and notice to bidders on the receipt of bids, and City Manager recommending award of the contract to Brown Traffic Products, Inc., in the amount of $239,786, upon motion received and filed. Michalski moved adoption of Resolution No. 272-01 Adopting plans and specifications for the project and Resolution No. 273-01 Awarding contract to Brown Traffic Products, Inc. Seconded by Cline. Motion carried 7-0. Upon motion the rule was reinstated limiting discussion to the Council. ACTION ITEMS Toughman Contests – Five Flags: City Manager submitting a communication from Leisure Services Manager Gil Spence which provides background information on Toughman Contests at the Five Flags Center, Lydia Robertson, Market Coordinator for AdoreAble Promotions, Inc., submitting additional information and references, presented and read. Markham moved to receive and file the communications and revoke the present Ordinance prohibiting such contests. Seconded by Buol. Carried by the following vote: Yeas—Cline, Duggan, Markham, Robbins, Buol. Nays—Michalski, Nicholson. 7 Greater Dubuque Development Corporation: Communication from Rick Dickinson, Executive Director of the Greater Dubuque Development Corporation, regarding appointments to GDDC’s Board of Directors. Current Board members are Mayor Terry Duggan, Council Members Dan Nicholson and Patricia Cline, and City Manager Michael Van Milligen, upon motion it was resolved to reappoint the same members and also the City Manager. Pinto Ridge Subdivision – Preliminary Plat: Zoning Advisory Commission advising of their approval of the preliminary plat of Pinto Ridge Subdivision in Dubuque County,upon motion received and filed. Michalski moved adoption of Resolution No. 274-01 Approving the preliminary plat of Pinto Ridge Subdivision in Dubuque County. Seconded by Nicholson. Motion carried 7-0. Amendment to Demolition Districts: City Manager recommending an amendment to the Code of Ordinances regarding Demolition Districts to provide standards for Historic Preservation Commission and Council to use when evaluating a demolition request in a demolition district, upon motion received and filed. An Ordinance Amending Section 11-4 of the City of Dubuque Code of Ordinances regarding demolition permits in demolition districts, presented and read. Buol moved 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 finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Michalski. Motion carried 7-0. 2763 Balke Street – Construction Ordinance: City Manager recommending approval of a request from Mrs. Marcella M. Travis to install a retaining wall in City right-of-way at 2763 Balke Street, upon motion received and filed. Ordinance No. 38-01 Authorizing Marcella M. Travis to construct an approximate 3 ½ foot retaining wall seven feet from back-of-curb at 2763 Balke Street, Dubuque, Iowa, presented and read. Buol moved 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 finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Robbins. Motion carried 7-0. Hartig Drug Company – 2225 Central Avenue – Construction Ordinance: City Manager recommending approval of a request from Hartig Drug Company, 2225 Central, to install a canopy within the City right-of-way, upon motion received and filed. Ordinance No. 39-01 Authorizing Hartig Realty IV, L.C. to install a canopy at 2225 Central Avenue, Dubuque, Iowa, presented and read. Markham moved 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 finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. 2570 Green Street – Construction Ordinance: City Manager recommending approval of a request from Judith Bakey-Rahe to place a retaining wall within City right-of-way at 2570 Green , Streetupon motion received and filed. Ordinance No. 40-01 Authorizing Judith Bakey-Rahe to construct a three-foot retaining wall at 2570 Green Street, Dubuque, Iowa, presented and read. Michalski moved 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 finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. 8 Establishment of Bus Parking on Third Street - Iowa Welcome Center: City Manager recommending establishment of a bus parking area on Third Street for the Iowa Welcome Center, upon motion received and filed. Ordinance No. 41-01 Amending the City of Dubuque Code of Ordinances by repealing Section 32-265 and enacting a new Section 32-265, presented and read. Robbins moved 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 finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. Municipal Parking Lot #1 – Residential Permit Parking for Iowa Inn Development: City Manager recommending establishment of a residential permit parking area in Municipal Parking Lot #1, located at Ninth and Iowa Streets, for the Iowa Inn Development Project, upon motion received and filed. Ordinance No. 42-01 Amending the City of Dubuque Code of Ordinances Section 32-339 Establishing Residential Permit Parking in Municipal Lot #1. Seconded by Nicholson. Motion carried 7-0. Freedom, Inc./ City of Dubuque: City Manager recommending approval of an Agreement for Post-Lease Mutual Option by the City and Freedom, Inc. with respect to the property located on , Salina St.upon motion received and filed and approved recommendation. Cable Television Franchise: City Manager recommending approval of the transfer of the AT&T Broadband (TCI of Iowa, Inc.) Dubuque cable television franchise to MCC Iowa LLC, upon motion received and filed. Michalski moved adoption of Resolution No. 275-01 of the City of Dubuque consenting to the transfer of an existing cable television services franchise to MCCIowa LLC, an affiliate of Mediacom Communications, Inc. Seconded by Nicholson. Motion carried 7-0. Downtown Rehab Loan Commitment – 378 Main Street: City Manager recommending approval of a Downtown Rehab Loan Commitment to Clark Wolff for property located at 378 Main Street, upon motion received and filed. Robbins moved adoption of Resolution No. 276- 01 Authorizing a letter of commitment and additional actions concerning a Downtown Rehabilitation Loan to Clark Wolff for property at 378 Main Street. Seconded by Nicholson. Motion carried 7-0. Storm Water Detention Basin: City Manager recommending establishment of the Fair Market Value for the acquisition of property for the purpose of constructing a storm water detention facility, upon motion received and filed. Buol moved adoption of Resolution No. 277-01 Establishing Fair Market Value for the acquisition of certain real property owned by Iowa Northwest Development Company in the City of Dubuque, Iowa. Seconded by Nicholson. Motion carried 7-0. COUNCIL MEMBER REPORTS Michalski commented upon a glitch in the storm warning system during the recent hail storm. Markham gave an update on departing Airport Manager Kraemer and the process of recruitment for his replacement. ITEMS TO BE SET FOR PUBLIC HEARING 9 CDBG Curb Ramp Installation Program No. 2 – Initiate: City Manager recommending initiation of the bidding process for the CDBG Curb Ramp Installation Program #2 and that a public hearing be set for July 16, 2001, upon motion received and filed. Michalski moved adoption of Resolution No. 278-01 Preliminary approval of plans and specifications and Resolution No. 279-01 Fixing date of hearing on plans and specifications for July 16, 2001 at 6:30 p.m. in the Public Library Auditorium and direct the City Clerk to publish notice in the manner prescribed by law, and Resolution No. 280-01 Ordering bids. Seconded by Nicholson. Motion carried 7- 0. Voluntary Annexation – W.C. Stewart: City Manager recommending that a public hearing be set for July 2, 2001 to consider the voluntary annexation request of W.C. Stewart for property located at 8000 Old Highway Road, upon motion received and filed. Michalski moved adoption of Resolution No. 281-01 Annexing certain property to the City of Dubuque, Iowa, concurrent with rezoning from County R-1 Rural Residential to City R-1 Single-Family Residential District and further set this matter for Public Hearing on 7-2-01 at a meeting to commence at 6:30 P.M. in the Public Library Auditorium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Nicholson. Motion carried 7-0. Vacating of Eighth Street: City Manager recommending that a public hearing be set for July 2 2001 to consider the vacating of Eighth Street between Central Avenue and Iowa Street at the request of Dubuque County for expansion of the Dubuque Law Enforcement Center, upon motion received and filed. Michalski moved adoption of Resolution No. 282-01 Approving plat of proposed vacated Eighth Street between Central Avenue and Iowa Street. Seconded by Nicholson. Motion carried 7-0. Michalski moved adoption of Resolution No. 283-01 of Intent to dispose of City interest in Lot 1A Block 1, Dubuque Downtown Plaza, Dubuque, Iowa, and further set this for Public Hearing on 7/2/01 at a meeting to commence at 6:30 P.M. in the Public Library Auditorium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Nicholson. Motion carried 7-0. At 9:00 P.M. upon motion it was resolved to go into Closed Session re: Property Acquisition and Pending Litigation (Iowa Code Chapter 21-.5(1)(j)(c). At 9:36 P.M. Council reconvened Regular Session stating Staff had been given proper direction. There being no further business, upon motion meeting adjourned at 9:37 P.M. /s/ Jeanne F. Schneider City Clerk 1t 6/27 10