Rescind Public Hearing: Extension of Fiber Optic Cable Facilities Agreement with Mediacom Iowa LLC Copyrighted
August 21, 2023
City of Dubuque Consent Items # 017.
City Council Meeting
ITEM TITLE: Rescind Public Hearing: Extension of Fiber Optic Cable Facilities
Agreementwith Mediacom lowa LLC
SUM MARY: City Manager recommending City Council adopt a resolution for the
cancellation of the August 21, 2023, public hearing for the Extension of
the Fiber Optic Cable Facilities Agreement with Mediacom lowa LLC.
RESOLUTION Rescinding Resolution No. 252-23
SUGGESTED Suggested Disposition: Receive and File;Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
Description Type
MVM Memo City Manager Memo
Resolution Resolutions
Rescind Public Hearing: Extension of Fiber Optic
Cable Facilities Agreement with Mediacom lowa LLC Staff Memo
memo to the City Manager
Resolution 252-23 Setting a Public Hearing Supporting Documentation
Dubuque
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Rescind Public Hearing: Extension of Fiber Optic Cable Facilities
Agreement with Mediacom lowa LLC
DATE: August 17, 2023
Civil Engineer II Dave Ness, Information Services Manager Chris Kohlmann, and
Sustainable Innovation Consultant David Lyons are recommending City Council adopt a
resolution for the cancellation of the August 21, 2023, public hearing for the Extension
of the Fiber Optic Cable Facilities Agreement with Mediacom lowa LLC.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
v
Mic ael C. Van Milligen
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Dave Ness, Civil Engineer II
Chris Kohlmann, Information Services Manager
David Lyons Sustainable Innovation Consultant
Prepared by Chris Kohlmann City of Dubuque Information Services 1300 Main Street Dubuque, IA 5635894280
Return to Adrienne N. Breitfelder, City Clerk, 50 W. 13th St., Dubuque, IA 52001, (563)589-4100
RESOLUTION NO. 270-23
RESCINDING RESOLUTION NO. 252-23
WHEREAS, on the 7th day of August 2023, the City Council of the City of Dubuque
Iowa adopted Resolution No. 252-23 for Extension of the Fiber Optic Cable Facilities
Agreement with Mediacom Iowa LLC; and
WHEREAS, fiber optic cable and conduit do not constitute "real property" and
WHEREAS, the facilities agreement does not call for a public hearing.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE,
IOWA:
Section 1 Resolution No. 252-23 are hereby rescinded.
Passed, approved, and adopted this 21 st day of August 2023.
B a� vanagh, Mayor
Attest:
Trish Geason, Assistant City Clerk
Dubuque
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TO: Michael C. Van Milligen, City Manager
FROM: Dave Ness, Civil Engineer II
Chris Kohlmann, Information Services Manager
David Lyons, Sustainable Innovation Consultant
SUBJECT: Rescind Public Hearing: Extension of Fiber Optic Cable Facilities
Agreement with Mediacom lowa LLC
DATE: August 17, 2023
INTRODUCTION.
The enclosed resolution provides for the City Council rescinding Resolution No. 252-23
resulting in the cancellation of the public hearing for Extension of the Fiber Optic Cable
Facilities Agreement with Mediacom lowa LLC.
BACKGROUND.
The Public Hearing is currently scheduled for Monday, August 21, 2023, during the
regular meeting of the City Council.
DISCUSSION.
The proposed Amendment to the Fiber Optic Cable Facilities Agreement between the
City of Dubuque and Mediacom would allow Mediacom to continue to access fiber for a
period of ten (10) years. Per recommendation of the City Attorney, fiber optic cable and
conduit do not constitute "real property" and do not call for a public hearing. Instead, the
proposed amendment would appear as a Consent item.
RECOMMENDATION AND ACTION REQUESTED.
We would recommend that the City Council approve the attached resolution rescinding
Resolution No, 252-23 which would cancel the public hearing for an amendment to the
Extension of Fiber Optic Cable Facilities Agreement with Mediacom lowa LLC.
c.c. Crenna Brumwell, City Attorney
Barry Lindahl, Senior Counsel
Steve Brown, Project Engineer
Kerry Bradley, Engineering
Pr�pared bv Christine Kohlmann, Information Services Manaqer 1300 Main Street Dubuque IA 52001, (563)589-4281
R�turn to Trish Gleastir�, Assistant City Clerk, 50 W. 13"'St., Duk�uque, IA 520�1, (563}589-41a4
RESC}LUTION NC}. 252-23
SETTING A Pl1BLIC HEARING ON AN AMENDMENT T� THE FIBER iDPT1C CABLE
FACILITIES AGREEMENT BETINEEN THE CITY OF DUBUQ�IE, 14WA, AND MCC I�WA
L,�.0
INhereas, t'he Gity of Dubuque {City) and Mediacam lowa LLC (Mediacom) entered into the
Fiber O}�tic Cab�e Facilities Agreemer�f on July 17, 20�7 (the Agreement}; ar�d
Whereas, the City and Mediacom agree that the Agreement s�ould be amended as set fort�
in the attached Amendment; and
Whereas, before the Amendment may be adapted, #he Gity Cauncil shall hold a public
hearing on the am�ndmen#.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIt O� THE C1TY OF
DUBUQUE, �OWA:
Section 1 � Tf�e Gity of Dubuque intends to dis�ose of its interest in the foregoing Agreem�nt
by Amendment.
Section 2. The City Clerk is hereby autharized and directed to cause this ResoCution and a
natice to be published as preseribed �y lowa Code Section 3£4.7 c�f a public hearing on the
City's intent to dispose of the foregaing-described Property by Lease SUpplemer�t, to be he�d
on the 21�t of August, at 6:30 o'clock p.m. at the Historic Federal Buikding, 350 W 6th St,
Dubuque� IOW�.
P�ssed, ap�proved, and adapted �his 7th day of August, 2023.
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Bfa . avanag, Mayor
Attest;
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Trish L, Gleason, Assistant Gity Clerk
STATE OF IOWA SS:
DUBUQUE COUNTY
CERTIFICATE OF PUBLICATION
I, Kathy Goetzinger, 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:
08/11/2023
and for which the charge is 62.93
Subscribed to before me, a Notary Puialic°in and for
Dubuque County, Iowa,
this 17th day of August, 2023
Notary P j c in and for Dubuque County, Iowa.
kt,N+AL s JANET K. PAPE
0 y Commission Number 199659
2 r
My Commission Expires
rows 12/11/2025
Ad text : CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
PUBLIC NOTICE is hereby given that the City Council of the
City of Dubuque, Iowa will hold a public hearing on the 21st
day of August 2023 at 6:30 p.m. in the Historic Federal
Building, 350 W. 6th Street, 2nd floor, Dubuque, Iowa, at
which meeting the City Council proposes to amendment to the
Fiber Optic Cable Facilities Agreement between the City Of
Dubuque, Iowa and MCC Iowa LLC.
At the meeting, the City Council will receive in -person and
virtual comments from any resident or property owner of said
City to the above action. The official agenda will be posted
the Friday before the meeting and will contain public input
options. The City Council agenda can be accessed at
https://cityofdubuque.novusagenda.com/AgendaPublic/ or by
contacting the City Clerk's Office at 563-589-4100,
ctyclerk@cityofdubuque.org. At said time and place of public
hearings all interested residents and parties will be given an
opportunity to be heard for or against said proposal. Written
comments regarding the above public hearings may be submitted
to the City Clerk's Office via email at
ctyclerk@cityofdubuque,org or by mail to City Clerk's Office,
City Hall, 50 W. 13th St., Dubuque, IA 52001, before said
time of public hearing. At said time and place of public
hearings the City Council will receive any written comments
received by the City Clerk's Office before said time of public
hearing.
Copies of supporting documents for the public hearings are
on file in the City Clerk's Office and may be viewed Monday
through Friday between 8:00 a.m. and 5:00 p.m.
Individuals with limited English proficiency, vision,
hearing, or speech impairments requiring special assistance
should contact the City Clerk's Office at (563) 589-4100, TDD
(563) 690-6678, ctyclerk@cityofdubuque.org as soon as
feasible. Deaf or hard -of -hearing individuals can use Relay
Iowa by dialing 711 or (800) 735-2942.
Published by order of the City Council given on the 7th day
of August 2023.
Trish L. Gleason, Assistant City Clerk
RESOLUTION NO, 252-23
SETTING A PUBLIC HEARING ON AN AMENDMENT TO THE FIBER OPTIC
CABLE FACILITIES AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA
AND MCC IOWA LLC
Whereas, the City of Dubuque (City) and Mediacom Iowa LLC
(Mediacom) entered into the Fiber Optic Cable Facilities
Agreement on July 17, 2017 (the Agreement); and
Whereas, the City and Mediacom agree that the Agreement
should be amended as set forth in the attached Amendment; and
Whereas, before the Amendment may be adopted, the City
Council shall hold a public hearing on the amendment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. The City of Dubuque intends to dispose of its
interest in the foregoing Agreement by Amendment.
Section 2. The City Clerk is hereby authorized and directed
to cause this Resolution and a notice to be published as
prescribed by Iowa Code Section 364.7 of a public hearing on
the City's intent to dispose of the foregoing -described
Property by Lease Supplement, to be held on the 21st of
August, at 6:30 oclock p.m. at the Historic Federal Building,
350 W 6th St, Dubuque, Iowa.
Passed, approved, and adopted this 7th day of August, 2023.
/s/Brad M. Cavanagh, Mayor
Attest:/s/Trish L, Gleason,
Assistant City Clerk
It 8/11
STATE OF IOWA SS:
DUBUQUE COUNTY
CERTIFICATE OF PUBLICATION
I, Kathy Goetzinger, 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:
08/18/2023
and for which the charge is 6.62
Subscribed to before me, a Notary Public iiq rid for
Dubuque County, Iowa,
this 18th day of August, 2023
Notary P
K
bl c in and for Dubuqu County, Iowa.
��a +�t JANET K. PAPE
0 Commission Number 199859
_ • My Commission Expires
sowa— 12/11/2025
: CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
PUBLIC NOTICE is hereby given that pursuant to Resolution
No. 252-23, the public hearing scheduled for the 21st day of
August, 2023 at 6:30 p.m. on the Fiber Optic Cable Facilities
Agreement with Mediacom Iowa LLC is canceled,
Trish L. Gleason, Assistant City Clerk
it: 8/18