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Proof of City Council Proceedings 2 4 08 o ~ ~ • ~ ~ ~ . ~ ~. O ~, ~ U ~. ~--' 4~ ~ U `3 ~ ~ S: " N W ~' ~ , ~ vi U ~ ~, ~ °' O U •~ ~~ ~~ a~ U U -b ~ O~ "" Qr ~r ~ 00 d" '~ , y ~ 6NF}- ~~ ~ ``~ ~ ~ ~ Q ~ o ,~ ~ + ~ - ~ •~ py , ~ ~ ~+ . 0 U ~, z ~ ~~a ~ E"', ~ E" ~ ~ .,o J o ~ ~ ~~Q~~ ~I w W ~ ;~ U `~ ri o c~ ~ r~+ V a~ ~ °' ~ >, ~ w ~~.~~~ ~ b ~' ~ o .~ ~ ~ '~~~~ ~ .~ ~ .~ i--i U ¢i U 'C ~ +'~-+ Aa ttlon. Upon mu'tlw- the dooumsnls were c.ivad.artdsrrQ ~- t~Apreerrrerd A the City of Dubuque, kywa, Protectivesesiatior- and Apresrrrar~it w~ J ~ Devebpnllrrt ,CRY ~E.. PR~OC~'0'M#4s TheThe DubuqueG`acm- cil met in special sesdbn' at 5•.30 p.m. on Monday. February 4. 2008, in the Historic Federal Buildir-p• Mayor BOOT-read the cal and Stated this M a apecfd sesalon csded.for the pur- pose of c~nduclirrqq a~ work aeesbn repardbrp the Con- vention and Visitors eu- re~ Budget and Biuirreas t~r~ent Mayor Bud,. Coundl MfMRbarA• Connors. 8lorrelt, 'L U. ~Y S Sue `Czeshirmki the Convention and Visi- tporsBureau Statement. of 7tisra bslnp rw further C~Iht~CoUrrcli adjouJ~ ~ 6:05 P.m. hilaarrne F_Sclwiaid~-, tlon StarrrMrwdlfr ! ~~::were .re- ' ~ iron t~rrr Street DsvebP- rrrsrd, t3 C: City Mir tbac! ~r- in from arrant, LLC No. 4008 Ac- dsed to oartaln ~ in rwa from ~. i :,- arena. aporxtenoe to local IeO~' Robert Hartig to amend tors ~ lo+go ~ 1~aAC P tit Devd• to detenrtane °N aP~n IPUq ~' b UPon . " ~' doou~. rrtar-te were Aeofafrsd and iNad. Buskrees' Li~rx~~elep>gCk~y I as ~ Upon motion ttw doenrr~rna ware reoMvsd Nlo. 45-08 (tp trle w- suanae af: E Chas 'C Bear Penrrit to Item 8bop Mrt; has and CMrk et t)u- ~uq~, arrd Ramhrtion t+b. 46U8 Ong tha 1~^ HYAA het tdgamt'Uoenas~ and C' BnrlLiQuo-:. Lioarrse b I~hrrrnartteada Bar and t3oatz~e want. k~~ py~ a~aP~ 1(eetb p. M carried T CabM Televison Fran-- s~ e0ar aet for eYruiry 16, to conakJer arc>emwal d sn amendmerr~.= tbs ~CsbM Television Frer>€d~br to.add I~ecan K .,..~:e Nlofjon by Ctynrare to re- aeWe and 1Ns the doou- rnstlet:, and far the TYst' oonddsraf~rrr of en (9rdi- ~~~~ Cods of Oross_ ~~~ ~~ ib00 3lboofatsr ~rsWsweld s hsrrdout dnd di~c~rNed tt+ls ~50=fobt, presrsWalhr: t1e ~wtsd the Pra~y~~' act" tlonkilsrsisl and tx- pevelppr~ Nrit ~~nAeeNt ~to qe tTSarllrie. tie ttritnr "6+It ftlidicxi Aaso- clstcM° ~~irrd~aeid rdsiw~~~,nen redc at the 0 i--i _~ ~". O U Q 4-i s~ .~ U .'., a z Jones Stated that Medical 'Aasooittes made very ef- fort to resporrcl b con- cents;~buf 1May spread to touph•gNeeMso bates had to ~. wNb ~CbunoN Mernba¢ Connors. Me mid tha~a:yraen spans ie mora~ tah~a6te OuAdM{p1. propowl stiA irahrdss aig- nMfoRt spans bstwesn i nasldenll~, ~ and Msdksel ~siidsdthat he.was bscewe aorn~k»ss no rtratter wheE M dsaWsd. tie with- ~~ and we c~- naR aMrays ~ by prevkius b i/aca~: Proof of f Y~q consider Nieyd horn MNCe grtq to vacate and Ilu`11-polik~rr of Ar- se . ~ aad. Cihr to ki8or No 148'06 Vecetkg a portlori of Arboretum Drive arxf ,~p fiwo- inlsrsst in LaR B of Breven. 2 in the CCouniirr.' •ki~. STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, 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: February 13, 2008, and for which the charge is $289.52. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this / day of , 20 dr Notary Public in and for Dubuque County, Iowa. MARY K, WESTERMEYER Comm ttIon Number 154885 CERTIFICATION OF PUBLICATION CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION The Dubuque City Coun- cil met in special session at 5:30 p.m. on Monday, February 4, 2008, in the Historic Federal Building. Mayor Buol read the call and stated this is a special session called for the pur- pose of conducting a work session regarding the Con- vention and Visitors Bu- reau Budget and Business Plan. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voetberg. City Manager Van Milligen, City Attorney Lindahl. Dubuque Convention and Visitors Bureau Director Sue Czeshinski provided the Convention and Visi- tors Bureau Statement of Purpose and Mission. There being no further business, upon motion the City Council adjourned at 6:05 p.m. /s/Jeanne F. Schneider, CMC, City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Coun- cil met in regular session at 6:30 p.m. on Monday, February 4, 2008, in the Historic Federal Building. Mayor Buol read the call and stated this is a regular session called for the pur- pose of discussing such matters which may proper- ly come before the City Council. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voetberg, City Manager Van Milligen; City Attorney Lindahl Invocation was provided by Reverend Dr. Winston Persaud, Wartburg Semi- nary PROCLAMATION A Day of Promise (Febru- ary 18, 2008) was accept- ed by Nancy Van Milligen, Eric Dregne, Jan Powers, Mary Moothart, and Nancy Dunkel of Every Child, Ev- ery Promise. CONSENT ITEMS Motion by Connors to re- ceive and file the docu- ments and dispose of as indicated. Seconded by Lynch. Motion carried 7-0. Minutes and Reports Submitted: City Council of 1/22; Civil Service Com- mission of 12/13 and 12/19; Community Devel- opment Advisory Commis- sion of 1/9; Historic Pres- ervation Commission of 1/17; Housing Commission of 11/27; Human Rights Commission of 12/10; In- vestment Oversight Advi- sory Commission of 1/23; Library Board of 11/15, 12/10 and 12/13; Park and buque Police Protective Association. Upon motion the documents were re- ceived and filed and Reso- lution No. 38-07 Approving the Agreement between the City of Dubuque, Iowa, and the Dubuque Police Protective Association and authorizing the Mayor to sign the Agreement was adopted. Low Impact Development Workshop: City Manager submitting information about the Low Impact De- velopment (LID) Workshop that the City of Dubuque is co -sponsoring to fulfill one of the City's National Pol- lution Discharge Elimina- tion System (NPDES) Stormwater Permit re- quirements. Upon motion the documents were re- ceived and filed. Purchase of Property from Elm Street Develop- ment, LLC: City Manager recommending accept- ance of Warranty Deeds from Elm Street Develop- ment, LLC for properties at 351 East 15th Street and 1523 Elm Street. Upon motion the documents were received and filed and Resolution No. 39-08 Accepting the deed to cer- tain real estate in Dubuque County, Iowa from Elm Street Development, LLC (351 East 15th Street); Resolution No. 40-08 Ac- cepting the deed to certain real estate in Dubuque County, Iowa from Elm Street Development, LLC (1523 Elm Street) were adopted. Purchase of Property - 655 Gillespie Street: City Manager recommending acceptance of the Warran- ty Deed from Gary A. An- derson for property locat- ed at 655 Gillespie Street for the 32nd Street Deten- tion Basin Project. Upon motion the documents were received and filed and Resolution No. 41-08 Accepting the deed to cer- tain real estate in Dubuque County, Iowa from Gary A. Anderson was adopted. Warehouse District Mas- ter Plan - Request for Qualifications (RFQ): City Manager recommending approval of the issuance of a Request for Qualifica- tions (RFQ) for develop- ment of the Warehouse District Master Plan. Upon motion the documents were received, filed, and approved. Request for Proposals - Washington Neighborhood Plan: City Manager recom- mending approval- of the issuance of a Request for Proposals for the Wash- ington Neighborhood Plan. Upon motion the docu- ments were received, filed, and approved. Quarterly Investment Re- port: City Manager submit- ting the December 31, 2007 Quarterly Investment Report. Upon motion the documents were received and filed. Government Performance and Results Act (GPRA): City Manager submitting the 2007 Government Per- formance and Results Act Annual Products Report and Baseline Question- naire. Upon motion the documents were received and filed. 2114 - 2116 Kniest spondence to local legisla- tors requesting support for allowing local governments the right to determine if smoking should be al- lowed in public places. Upon motion the docu- ments were received and filed. Business Licenses: City Manager recommending approval of annual liquor license renewals as sub- mitted. Upon motion the documents were received and filed and Resolution No. 45-08 Granting the is- suance of a Class "C" Beer Permit to Awn Stop Mart, Inc. and Clark of Du- buque; and Resolution No. 46-08 Granting the issu- ance of a Class "B" HoteVMotel Liquor License to Champps Americana; and Class "C" Beer/Liquor License to Hammerheads Bar and Goetz's were adopted. ITEMS TO BE SET FOR PUBLIC HEARING Motion by Lynch to re- ceive and file the docu- ments, set the public hear- ings as indicated, and di- rect the City Clerk to pub- lish notice as prescribed by law. Seconded by Voetberg. Motion carried 7-0 Cable Television Fran- chise Agreement: City Manager recommending that a public hearing be set for February 18, 2008 to consider approval of an amendment to the Cable Television Franchise Agreement to add Sage- ville School to the Institu- tional Network and ap- proving a separate agree- ment between the City, Dubuque Community School District and Mediacom that details the terms of adding Sageville School to the I -Net. Upon motion the documents were received and filed and Resolution No. 47-08 Setting a public hearing on a proposed amendment to the Cable Television Fran- chise Agreement between the City of Dubuque, Iowa, and MCC Iowa, LLC, add- ing Sageville School to Ex- hibit B, the list of sites connected via fiber optic cable to the institutional network 'as set forth in the Cable Television Franchise Agreement was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on February 18, 2008, in the Historic Fed- eral Building. Windsor Avenue Storm Sewer Construction Proj- ect: City Manager recom- mending initiation of the public bidding process for the Windsor Avenue Storm Sewer Construction Proj- ect and that a public hear- ing be set for February 18, 2008 to consider approval of the plans and specifica- tions, form of contract and estimated cost: Upon mo- tion the documents were received and filed and Resolution No. 48-08 Pre- liminary approval of plans, specifications, form of contract, and estimated cost for the Windsor Ave- nue Storm Sewer Con- struction Project; Setting date of public hearing on plans, specifications, form of contract, and estimated cost for the Windsor Ave- nue Storm Sewer Con - Robert Hartig to amend the existing Associates Park Planned Unit Devel- opment (PUD) District to designate a portion of the existing greenway buffer for business use and Zon- ing Advisory Commission recommending denial. Communication from Kathleen R. Kelley, 3836 Cora Drive, in opposition to the proposed amend- ment to the Associates Park Planned Unit Devel- opment District. Motion by Connors to re- ceive and file the docu- ments and for the first consideration of an Ordi- nance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by adopting a revised Plan- ned Unit Development Or- dinance for the Medical Associates West Campus Planned. Unit Development District and by repealing Ordinances 24-94, 32-96 and •35-99. Seconded by Lynch. Motion carried 5-2 with Resnick and Braig voting nay. Medical Associates Chief Operating Officer Brian Schatz, 1500 Associates Drive, reviewed a handout and discussed the 50-foot greenway. He noted the property was already zon- ed commercial and be- lieved that Planned Unit Development was meant to be flexible. He further stated that Medical Asso- ciates has been a good neighbor and requested City Council look at the project and not the emo- tions involved. Robert Hartig, 1500 As- sociates Drive, presented a slideshow, which descri- bed the West Campus Medical Support Service Building project, its pur- pose, and the concessions they have made in re- sponse to the concerns expressed by the adjacent property owners. Mr. Har- tig reviewed the history of the campus development. He discussed the need to build in this area; building options; and what will be done in terms of drainage, landscaping, visibility and noise. He cited other de- velopments within the city not requiring green space. He stated that the drain- age problems are not the fault of Medical Associates and provided information indicating property values in the area have increased and would not be affected by the decrease in green space. Medical Associates has held four neighbor- hood input meetings. Mary Pat Kerper, 3830 Cora Drive, spoke on be- half of Cora Drive resi- dents. Ms. Kerper present- ed a slide show of the af- fected homes and existing green space, and reviewed the history and timeline of the rezoning. She dis- cussed the reasons for the opposition, which included decreased property val- ues, increased noise and safety concerns, drainage problems, and poor aes- thetics. She questioned Medical Associates' rea- sons for not developing elsewhere on its existing acreage and cited several options. She noted that 18 homes were in existence Jones stated that Medical Associates made very ef- fort to respond to con- cerns, but they agreed to the green space. Buol stated that this is a tough question but he had to agree with Council Member Connors. He said that a green space is more than grass. It includes sus- tainable buildings. The proposal still includes sig- nificant space between residential and Medical Associates. Lynch stated that he was disappointed because someone loses no matter what is decided. He wish- ed there could be more compromise, and we can- not always live by previous business decisions. Arboretum Drive - Re- quest to Vacate: Proof of publication on notice of public hearing to consider a request from Mike Felderman to vacate and purchase a portion of Ar- boretum Drive and City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 52-08 Ap- proving plat of proposed vacated portion of Arbore- tum Drive and underlying roadway easement, Reso- lution No. 53-08 Vacating a portion of Arboretum Drive and underlying road- way easement, and Reso- lution No. 54-08 Disposing of City interest in Lot B of Breven Place No. 2 in the City of Dubuque, Dubuque County, Iowa. Seconded by Jones. Motion carried 7-0. Iowa Wireless Services, LLC: Proof of publication on notice of public hearing to consider a proposed lease of space to Iowa Wireless Services, LLC for a telecommunication an- tenna facility on the Penn- sylvania Avenue Water Tank and City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 55-08 Approving a Lease Agreement between the City of Dubuque and Iowa Wireless Services, LLC for the installation and opera- tion of a wireless telecom- munication antenna facili- ty. Seconded by Braig. Motion carried 7-0. Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Washington Neighbor- hood Lighting Initiative: City Manager recommend- ing approval of the street and alley lighting program proposed for the Washing- ton Neighborhood. Motion by Jones to receive and file the documents and ap- prove. Seconded by Voetberg. Resnick sug- gested including small, compact, fluorescent bulbs. Motion carried 7-0 175th Anniversary Com- mittee Grant Awards: City. Manager recommending approval of the 175th An- niversary Committee grant awards for ten projects. Motion by Connors to re- ceive and file the docu- ments and approve. Seconded by Lynch. Connors thanked the groups that applied and thu Cpmmittoa Mntinn cau statement of Purpose and Mission. There being no further business, upon motion the City Council adjourned at 6:05 p.m. /s/Jeanne F. Schneider, CMC, City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Coun- cil met in regular session at 6:30 p.m. on Monday, February 4, 2008, in the Historic Federal Building. Mayor Buol read the call and stated this is a regular session called for the pur- pose of discussing such matters which may proper- ly come before the City Council. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voetberg, City Manager Van Milligen; City Attorney Lindahl Invocation was provided by Reverend Dr. Winston Persaud, Wartburg Semi- nary PROCLAMATION A Day of Promise (Febru- ary 18, 2008) was accept- ed by Nancy Van Milligen, Eric Dregne, Jan Powers, Mary Moothart, and Nancy Dunkel of Every Child, Ev- ery Promise. CONSENT ITEMS Motion by Connors to re- ceive and file the docu- ments and dispose of as indicated. Seconded by Lynch. Motion carried 7-0. Minutes and Reports Submitted: City Council of 1/22; Civil Service Com- mission of 12/13 and 12/19; Community Devel- opment Advisory Commis- sion of 1/9; Historic Pres- ervation Commission of 1/17; Housing Commission of 11/27; Human Rights Commission of 12/10; In- vestment Oversight Advi- sory Commission of 1/23; Library Board of 11/15, 12/10 and 12/13; Park and Recreation Commission of 1/8 Investment Oversight Ad- visory Commission 59th Quarterly Report; Library Board of Trustees Update from the meeting of Janu- ary 17, 2008; Proofs of publication of City Council Proceedings of January.7, 2008 and List of Claims and Summary of Revenues for month ending Decem- ber 31, 2007 Upon motion the docu- ments were received and filed. Notice of Claims/Suits: Michelle Harry for personal injury; Terry T. Frost for ve- hicle damage; Pat and Gladys O'Brien for proper- ty damage. Upon motion the documents were re- ceived and filed and refer- red to the City Attorney. City Attorney advising that the following claims have been referred to Pub- lic Entity Risk Services of Iowa, the agent for the Io- wa Communities Assur- ance Pool: Kurt Becker for property damage; Terry Frost for vehicle damage; Misty Streif for vehicle damage; Michael L. O'Brien for property dam- age; and Michelle Harry for personal injury City Attorney recom- mending denial of the claim of Dennis Avenarius for vehicle damage. City Attorney recom- mending settlement of the claims of Chris Blakeman for vehicle damage, Heath Koester for vehicle dam- age, and Masahiro Iwasaki for vehicle damage. Upon motion the docu- ments were received and filed and concurred. Citizen Communication: Communication from Elaine Schueller requesting that the stop sign at Kauf- mann Avenue and Chrissy Drive not be removed. Upon motion the docu- ments were received and filed and referred to the City Manager. Althauser Street / Staf- ford Street Sanitary Sewer Project: City Manager rec- ommending acceptance of the Althauser Street / Staf- ford Street Sanitary Sewer Project as completed by Connolly Construction, Inc., in the final contract amount of .:$49,978.10. Upon motion the docu- ments were received and filed and •Resolution No. 36-08 Accepting the Al- thauser Street / Stafford Street Sanitary Sewer Construction Project and authorizing payment of the contract amount to the contractor was adopted. Curtis Street / York Street Storm Sewer Construction Project: City Manager rec- ommending acceptance of the Curtis Street / York Street Storm Sewer Con- struction Project as com- pleted by McDermott Ex- cavating, in the final con- tract amount of $36,074.41. Upon motion the documents were re- ceived and filed and Reso- lution No. 37-08 Accepting the York Street / Curtis Street Storm Sewer Con- struction Project and au- thorizing payment of the contract amount to the contractor was adopted. Dubuque Police Protec- tive Association: City Man- ager recommending ' ap- proval of the Collective Bargaining Agreement be- (351� East 15th Street); Resolution No. 40-08 Ac- cepting the deed to certain real estate in Dubuque County, Iowa from Elm Street Development, LLC (1523 Elm Street) were adopted. Purchase of Property - 655 Gillespie Street: City Manager recommending acceptance of the Warran- ty Deed from Gary A. An- derson for property locat- ed at 655 Gillespie Street for the 32nd Street Deten- tion Basin Project. Upon motion the documents were received and filed and Resolution No. 41-08 Accepting the deed to cer- tain real estate in Dubuque County, Iowa from Gary A. Anderson was adopted. Warehouse District Mas- ter Plan - Request for Qualifications (RFQ): City Manager recommending approval of the issuance of a Request for Qualifica- tions (RFQ) for develop- ment of the Warehouse District Master Plan. Upon motion the documents were received, filed, and approved. Request for Proposals - Wahington Neighborhood Plan: City Manager recom- mending approval of the issuance of a Request for Proposals for the Wash- ington Neighborhood Plan. Upon motion the docu- ments were received, filed, and approved. Quarterly Investment Re- port: City Manager submit- ting the December 31, 2007 Quarterly Investment Report. Upon motion the documents were received and filed. Government Performance and Results Act (GPRA): City Manager submitting the 2007 Government Per- formance and Results Act Annual Products Report and Baseline Question- naire. Upon motion the documents were received and filed. 2114 - 2116 Kniest Street: City Manager rec- ommending approval of the purchase of a residen- tial rental dwelling located at 2114-2116 Kniest Street owned by Robert F. and Brenda L. Atkinson as part of the acquisition program associated with the Bee Branch Creek Restoration Project. Upon motion the documents were received and filed and Resolution No. 42-08 Approving the acquisition of real estate located at 2114 - 2116 Kniest Street in the City of Dubuque, Iowa, was adopted. National Park Service - Preserve America Grant Agreement: City Manager recommending approval of a National Park Service Preserve America Grant Agreement for the Mines of Spain Exhibit and Edu- cation Program where the City would serve as the sponsor for this $150,000 grant. Upon motion the documents were received and filed and Resolution No. 43-08 Approving a grant agreement with the National Park Service for the Mines of Spain Exhibit and Education Program was adopted. State Historic Preserva- tion . Office: City Manger transmitting the 2007 Cer- tified Local Government (CLG) report that has been submitted to the State His- toric Preservation Office. Upon motion the docu- ments were received and filed. Iowa Community Cultural Grant (ICCG) Application: City Manager recommend- ing approval of an applica- tion to the Iowa Depart- ment of Cultural Affairs for an Iowa Community Cul- tural Grant. Upon motion the documents were re- ceived, filed, and ap- proved. National Register Nomi- nation - Interstate Power Company Buildings: His- toric Preservation Com- mission recommending nomination of the Inter- state Power Company Buildings at 1000 Main Street and 131 West 10th Street to the National Reg- ister of Historic Places. Upon motion the docu- ments were received, filed, and approved. Miller Place - Final Plat: City Manager recommend- ing approval of the final plat of Lots 1-1 and 2-1 Miller Place. Upon motion the documents were re- ceived and filed and Reso- lution No. 44-08 Rescind- ing Resolution No. 232-07 and approving the final plat of Lots 1-1 and 2-1 Miller Place in Dubuque County, Iowa, was adopt- ed. Dubuque Regional Airport Terminal Relocation Proj- ect (Per an amended agenda, this item was re- moved.) Tobacco Compliance - Civil Penalty for Tobacco Permit Holders: City Man- ager recommending ac- ceptance and approval of Acknowledgement/Settlem ent Agreements for a first violation for Arby's Phillips 66, 300 South Locust Street; and Hy-Vee, 3500 Dodge Street. Upon mo- tion the documents were received, filed, and ap- proved. Legislative Correspond- anr.P• City Mananar rnrro- r.y������It. ..,Ity Manager recommending that a public hearing be set for February 18, 2008 to consider approval of an amendment to the Cable Television Franchise Agreement to add Sage- ville School to the Institu- tional Network and ap- proving a separate agree- ment between the City, Dubuque Community School District and Mediacom that details the terms of adding Sageville School to the I -Net. Upon motion the documents were received and filed and Resolution No. 47-08 Setting a public hearing on a proposed amendment to the Cable Television Fran- chise Agreement between the City of Dubuque, Iowa, and MCC Iowa, LLC, add- ing Sageville School to Ex- hibit B, the list of sites connected via fiber optic cable to the institutional network as set forth in the Cable Television Franchise Agreement was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on February 18, 2008, in the Historic Fed- eral Building. Windsor Avenue Storm Sewer Construction Proj- ect: City Manager recom- mending initiation of the public bidding process for the Windsor Avenue Storm Sewer Construction Proj- ect and that a public hear- ing be set for February 18, 2008 to consider approval of the plans and specifica- tions, form of contract and estimated cost. Upon mo- tion the documents were received and filed and Resolution No. 48-08 Pre- liminary approval of plans, specifications, form of contract, and estimated cost for the Windsor Ave- nue Storm Sewer Con- struction Project; Setting date of public hearing on plans, specifications, form of contract, and estimated cost for the Windsor Ave - hue Storm Sewer Con- struction Project; and Or- dering bids for the Wind- sor Avenue Storm Sewer Construction Project was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on February 18, 2008, in the Historic Federal Building. Dubuque Industrial Cen- ter • ed commercial and be- lieved that Planned Unit .Development was meant to be flexible. He further stated that Medical Asso- ciates has been a good neighbor and requested City Council look at the project and not the emo- tions involved. Robert Hartig, 1500 As- sociates Drive, presented a slideshow, which descri- bed the West Campus Medical Support Service Building project, its pur- pose, and the concessions they have made in re- sponse to the concerns expressed by the adjacent property owners. Mr. Har- tig reviewed the history of the campus development. He discussed the need to build in this area; building options; and what will be done in terms of drainage, landscaping, visibility and noise. He cited other de- velopments within the city not requiring green space. He stated that the drain- age problems are not the fault of Medical Associates and provided information indicating property values in the area have increased and would not be affected by the decrease in green space. Medical Associates has held four neighbor- hood input meetings. Mary Pat Kerper, 3830 Cora Drive, spoke on be- half of Cora Drive resi- dents. Ms. Kerper present- ed a slide show of the af- fected homes and existing green space, and reviewed the history and timeline of the rezoning. She dis- cussed the reasons for the opposition, which included decreased property val- ues, increased noise and safety concerns, drainage problems, and poor aes- thetics. She questioned Medical Associates' rea- sons for not developing elsewhere on its existing acreage and cited several options. She noted that 18 homes were in existence when the original PUD was adopted in 1994 and ques- tioned why change it now if it is working. She be- lieves the current green space must be protected. Residents that spoke in opposition to the rezoning: Tim and Georgia Schmitt, 1575 Donovan Drive; Lavonne Kennedy, 3860 Cora Drive; Regina Pint, 3870 Cora Drive; Holly Young owner of 3820 and 3822 Cora Drive; William Beam, 3848 Cora Drive; Eric Kaufman, 2456 Hilton Springs, and owner of 3814, 3816 Cora Drive. Rebuttal by Mr. Hartig in- cluded examples of adja- cent property owners en- croaching upon Medical Associates' property by mowing, dumping of yard waste, sump pump/gutter drainage, and vehicle stor- age. Mr. Hartig stated that a driveway would not cir- cle the proposed building and traffic would remain the same as it is today with only box -truck deliv- eries. Mr. Hartig stated that this is an important project for the city, that businesses change, and there needs to be flexibili- Planning Services Man- ager Laura Carstens pro- vided a staff report stating that this. is a customized zoning for a particular use and that there have been several amendments to this PUD since it was first adopted in 1994. Zoning Advisory Com- mission Vice Chairperson Jeff Stiles stated that Med- ical Associates has com- pelling arguments for their request, and they have an- swered the neighbors' concerns. He reviewed the history of the PUD and noted that Medical Associ- ates is committed to keep- ing the proposed area as parking as well as commit- ted to the green space. Mr. Stiles said that the Com- mission was obligated to keeping the green space. Upon being questioned by Council Member Connors, he said that the green space was added to the PUD in 1996. Connors questioned the safety concerns raised by residents when Cora Street poses a greater concern. Residents shouldn't be concerned about street parking when Medical Associates will be building a parking lot. She said things do change over the years, and the City is chipping away on other developments. Medical Associates has presented a solid plan. Voetberg said the he was a City Council Member when the PUD was adopt- ed. He stated that some of the complaints by neigh- bors were not well found- ed and disagreed with many of their issues. The green space was Medical Associates' idea and that keeping areas for future parking lots for buildings to be built in 20-30 years was not compelling. Resnick stated that Medi- cal Associates is a great business, but the City Council made a commit- ment in 1994 and 1996. Braig stated the Medical Asaociates agreed to the original green space; and they can't keep chipping y a portion of Arboretum Drive and underlying road- way easement, and Reso- lution No. 54-08 Disposing of City interest in Lot B oi Breven Place No. 2 in the City of Dubuque, Dubuque County, Iowa. Seconded by Jones. Motion carried 7-0. Iowa Wireless Services, LLC: Proof of publication on notice of public hearing to consider a proposed lease of space to Iowa Wireless Services, LLC for a telecommunication an- tenna facility on the Penn- sylvania Avenue Water Tank and City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 55-08 Approving a Lease Agreement between the City of Dubuque and Iowa Wireless Services, LLC for the installation and opera- tion of a wireless telecom- munication antenna facili- ty. Seconded by Braig. Motion carried 7-0. Upon motion the rules were reinstated limiting discussion to the City ACTION ITEMS Washington Neighbor- hood Lighting Initiative: City Manager recommend- ing approval of the street and alley lighting program proposed for the Washing- ton Neighborhood. Motion by Jones to receive and file the documents and ap- prove. Seconded by Voetberg. Resnick sug- gested including small, compact, fluorescent bulbs. Motion carried 7-0 175th Anniversary Com- mittee Grant Awards: City . Manager recommending approval of the 175th An- niversary Committee grant awards for ten projects. Motion by Connors to re- ceive and file the docu- ments and approve. Seconded by Lynch. Connors thanked the groups that applied and the committee. Motion carried 7-0. Americans with Disabili- ties Act - Architectural Barrier Removal: City Man- ager recommending adop- tion of an ordinance that will permit the enforcement of the Americans with Dis- abilities Act (ADA) on the local level. Motion by Jones to receive and file the documents and that the requirement that a pro- posed ordinance be con- sidered and voted on for passage at two Council meetings prior to the meeting at which it is to be paased be suspended. Seconded by Lynch. Mo- tion carried 7-0 Motion by Jones for final consideration and passage of Ordinance No. 6-08 Amending Chapter 11, Buildings and Building Regulations, of the City of Dubuque Code of Ordi- nances by adding a new Article VIII, Accessibility Code for Readily Achieva- ble Changes. Seconded by Braig. Motion carried 7-0. City Council Work Ses- sion - Digital TV Transition: City Manager requesting that a City Council Work Session be scheduled so that information can be presented on the upcom- ing digital television transi- tion. Motion by Connors to receive and file the docu- ments and set the date for the work session on April 21, 2008 at 5:30 p.m. in the Historic Federal Build- ing. Seconded by Lynch. Motion carried 7-0. Fiscal Year 2009 Operat- ing Budget and Five Year Capital Improvement Pro- gram: City Manager sub- mitting the Fiscal . Year 2009 Operating Budget and Five Year Capital Im- provement Program. Mo- tion by Connors to receive and file the documents. Seconded by Braig. Mo- tion carried 7-0. COUNCIL MEMBER REPORTS Buol reported on his at- tendance at the US Con- ference of Mayors and that the City could receive $345,000 annually from an Energy Efficiency Block Grant. He is working to bring the Science in the Schools program to Dubu- que in conjunction with DuPont. CLOSED SESSION Upon motion at 9:55 p.m. the City Council con- vened in closed session regarding pending litiga- tion and property acquisi- tion pursuant to Chapter Upon motion at 10: 39 p.m., the City Council re- convened in open session stating they had given staff property direction. There being no further business, upon motion the City Council adjourned at 10:40 p.m. /s/Jeanne F. Schneider, CMC, City Clerk tween the City and the Du-