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2 4 08 City Council Proceedings Official CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council 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 purpose of conducting a work session regarding the Convention and Visitors Bureau 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 Visitors 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 OFFICIAL The Dubuque City Council 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 purpose of discussing such matters which may properly 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 Seminary PROCLAMATION A Day of Promise (February 18, 2008) was accepted by Nancy Van Milligen, Eric Dregne, Jan Powers, Mary Moothart, and Nancy Dunkel of Every Child, Every Promise. CONSENT ITEMS Motion by Connors to receive and file the documents and dispose of as indicated. Seconded by Lynch. Motion carried 7-0. Minutes and Reports Submitted: City Council of 1/22; Civil Service Commission of 12/13 and 12/19; Community Development Advisory Commission of 1/9; Historic Preservation Commission of 1/17; Housing Commission of 11/27; Human Rights Commission of 12/10; Investment Oversight Advisory Commission of 1/23; Library Board of 11/15, 12/10 and 12/13; Park and Recreation Commission of 1/8 th Investment Oversight Advisory Commission 59 Quarterly Report; Library Board of Trustees Update from the meeting of January 17, 2008; Proofs of publication of City Council Proceedings of January 7, 2008 and List of Claims and Summary of Revenues for month ending December 31, 2007 Upon motion the documents were received and filed. Notice of Claims/Suits: Michelle Harry for personal injury; Terry T. Frost for vehicle damage; Pat and Gladys O’Brien for property damage. Upon motion the documents were received and filed and referred to the City Attorney. City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Kurt Becker for property damage; Terry Frost for vehicle damage; Misty Streif for vehicle damage; Michael L. O’Brien for property damage; and Michelle Harry for personal injury City Attorney recommending denial of the claim of Dennis Avenarius for vehicle damage. City Attorney recommending settlement of the claims of Chris Blakeman for vehicle damage, Heath Koester for vehicle damage, and Masahiro Iwasaki for vehicle damage. Upon motion the documents were received and filed and concurred. Citizen Communication: Communication from Elaine Schueller requesting that the stop sign at Kaufmann Avenue and Chrissy Drive not be removed. Upon motion the documents were received and filed and referred to the City Manager. Althauser Street / Stafford Street Sanitary Sewer Project: City Manager recommending acceptance of the Althauser Street / Stafford Street Sanitary Sewer Project as completed by Connolly Construction, Inc., in the final contract amount of $49,978.10. Upon motion the documents were received and filed and Resolution No. 36-08 Accepting the Althauser Street / Stafford Street Sanitary Sewer Construction Project and authorizing payment of the contract amount to the contractor was adopted. RESOLUTION NO. 36-08 ACCEPTING THE ALTHAUSER STREET – STAFFORD STREET SANITARY SEWER RECONSTRUCTION PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Althauser Street – Stafford Street Sanitary Sewer Reconstruction Project (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the General Sanitary Sewer Repairs Capital Improvement Project appropriation for the contract amount of 2 $49,978.10 less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code chapter 573. th Passed, approved and adopted this 4 day of February, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE ALTHAUSER STREET – STAFFORD STREET SANITARY SEWER RECONSTRUCTION PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Althauser Street – Stafford Street Sanitary Sewer Reconstruction Project, that the Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $53,944.37. st Dated this 31 day of January, 2008. Robert Schiesl, City Engineer st Filed in the office of the City Clerk on the 31 day of January, 2008. Jeanne F. Schneider, CMC, City Clerk Curtis Street / York Street Storm Sewer Construction Project: City Manager recommending acceptance of the Curtis Street / York Street Storm Sewer Construction Project as completed by McDermott Excavating, in the final contract amount of $36,074.41. Upon motion the documents were received and filed and Resolution No. 37-08 Accepting the York Street / Curtis Street Storm Sewer Construction Project and authorizing payment of the contract amount to the contractor was adopted. RESOLUTION NO. 37-08 ACCEPTING THE YORK AND CURTIS STORM SEWER IMPROVEMENTS PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the York and Curtis Storm Sewer Improvements Project (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Fiscal Year 2005 York & Curtis Storm Sewer Capital Improvement Project appropriation for the contract amount of $36,074.41 less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code chapter 573. th Passed, approved and adopted this 4 day of February, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE YORK AND CURTIS STORM SEWER IMPROVEMENTS PROJECT 3 The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the York and Curtis Street Storm Sewer Improvements Project, that the Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $48,356.95. th Dated this 25 day of January, 2008. Gus Psihoyos, City Engineer st Filed in the office of the City Clerk on the 31 day of January, 2008. Jeanne F. Schneider, CMC, City Clerk Dubuque Police Protective Association: City Manager recommending approval of the Collective Bargaining Agreement between the City and the Dubuque Police Protective Association. Upon motion the documents were received and filed and Resolution No. 38-08 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. RESOLUTION NO. 38-08 APPROVING THE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND THE DUBUQUE POLICE PROTECTIVE ASSOCIATION AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT Whereas, the Sixty-Fifth General Assembly adopted the Public Employment Relations Act, Chapter 20, Code of Iowa; and Whereas, the City of Dubuque is public employer within the meaning of Section 3 (1) of the Public Employment Relations Act; and Whereas, the Dubuque Police Protective Association is an employee organization within the meaning of Section 3 (4) of the Public Employment Relations Act; and Whereas, the Dubuque Police Protective Association submitted a request to bargain collectively on behalf of the employees within its representation; and Whereas, bargaining between the parties has occurred and an agreement has been concluded. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the terms of the agreement be approved and the Mayor authorized and directed to sign the collective bargaining agreement. th Passed, approved and adopted this 4 day of February, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Low Impact Development Workshop: City Manager submitting information about the Low Impact Development (LID) Workshop that the City of Dubuque is co-sponsoring to fulfill one of the City’s National Pollution Discharge Elimination System (NPDES) Stormwater Permit requirements. Upon motion the documents were received and filed. Purchase of Property from Elm Street Development, LLC: City Manager recommending acceptance of Warranty Deeds from Elm Street Development, LLC for properties at 351 East th 15 Street and 1523 Elm Street. Upon motion the documents were received and filed and Resolution No. 39-08 Accepting the deed to certain real estate in Dubuque County, Iowa from th Elm Street Development, LLC (351 East 15 Street); Resolution No. 40-08 Accepting the deed to certain real estate in Dubuque County, Iowa from Elm Street Development, LLC (1523 Elm Street) were adopted. 4 RESOLUTION NO. 39-08 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM ELM STREET DEVELOPMENT, LLC WHEREAS, the City of Dubuque entered into an Agreement with Elm Street Development, LLC for the purchase of the following described real property in Dubuque County, Iowa: “Wm. Reisen Place,” and Lot 2 of the South One Half of Lot 147 in East Dubuque Addition, in the th City of Dubuque, Iowa, according to the recorded Plats thereof (351 E. 15 Street); and WHEREAS, the terms of the Agreement have now been met. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: 1. The City of Dubuque hereby accepts the Warranty Deed from Elm Street Development, LLC, attached hereto. 2. The City Clerk is hereby authorized and directed to record this Resolution and the Warranty Deed with the Dubuque County Recorder. th Passed, approved and adopted this 4 day of February, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 40-08 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM ELM STREET DEVELOPMENT, LLC WHEREAS, the City of Dubuque entered into an Agreement with Elm Street Development, LLC for the purchase of the following described real property in Dubuque County, Iowa: The South ½ of Lot 148 and the South 1 foot of the North ½ of Lot 148 in East Dubuque, an Addition to the City of Dubuque, Iowa, according to the recorded plat thereof (1523 Elm Street); and WHEREAS, the terms of the Agreement have now been met. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: 1. The City of Dubuque hereby accepts the Warranty Deed from Elm Street Development, LLC, attached hereto. 2. The City Clerk is hereby authorized and directed to record this Resolution and the Warranty Deed with the Dubuque County Recorder. th Passed, approved and adopted this 4 day of February, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Purchase of Property – 655 Gillespie Street: City Manager recommending acceptance of the nd Warranty Deed from Gary A. Anderson for property located at 655 Gillespie Street for the 32 Street Detention Basin Project. Upon motion the documents were received and filed and Resolution No. 41-08 Accepting the deed to certain real estate in Dubuque County, Iowa from Gary A. Anderson was adopted. RESOLUTION NO. 41-08 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM GARY A. ANDERSON WHEREAS, the City of Dubuque entered into an Agreement with Gary A. Anderson for the purchase of the following described real property in Dubuque County, Iowa: Lot 2 of Lot 1 5 of Lot 8 in Gillespie’s Subdivision of Mineral Lot 361 in the City of Dubuque, Iowa, according to the recorded plat thereof; and WHEREAS, the terms of the Agreement have now been met. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: 1. The City of Dubuque hereby accepts the Deed from Gary A. Anderson, a copy of which is attached hereto. 2. The City Clerk is hereby authorized and directed to record this Resolution and the Deed with the Dubuque County Recorder. th Passed, approved and adopted this 4 day of February, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Warehouse District Master Plan – Request for Qualifications (RFQ): City Manager recommending approval of the issuance of a Request for Qualifications (RFQ) for development of the Warehouse District Master Plan. Upon motion the documents were received, filed, and approved. Request for Proposals – Washington Neighborhood Plan: City Manager recommending approval of the issuance of a Request for Proposals for the Washington Neighborhood Plan. Upon motion the documents were received, filed, and approved. Quarterly Investment Report: City Manager submitting 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 Performance and Results Act Annual Products Report and Baseline Questionnaire. Upon motion the documents were received and filed. 2114 – 2116 Kniest Street: City Manager recommending approval of the purchase of a residential 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. RESOLUTION NO. 42-08 A RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 2114- 2116 KNIEST STREET, IN THE CITY OF DUBUQUE WHEREAS,the City of Dubuque intends to acquire certain properties located in the area of the Bee Branch Creek Restoration Project for stormwater mitigation activities as recommended in the 2001 HDR “Drainage Basin Master Plan;” and WHEREAS,a purchase agreement has been finalized with the owner of the thirty-fourth property scheduled for acquisition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves the acquisition of the following legally described property: 6 The Northwesterly 50 feet of the Southeasterly 100 feet of Lot 2 in L. Kniest’s Subdivision of Part of Mineral Lot 314 in the City of Dubuque, according to the recorded plat thereof, At the cost of Seventy thousand dollars ($70,000). Section 2. That the City of Dubuque be and is hereby authorized to accept a Quit Claim deed from the owner, conveying the owner’s interest to the City of Dubuque, Iowa for the herein described real estate. Section 3. That the City Clerk be and she is hereby authorized and directed to cause said Quit Claim Deed to be recorded in the office of the Dubuque County Recorder, together with certified copy of the Resolution. Section 4. That the City Clerk be and she is hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. th Passed, approved and adopted this 4 of February, 2008. Roy D. Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk 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 Education 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. RESOLUTION NO. 43-08 RESOLUTION APPROVING A GRANT AGREEMENT WITH THE NATIONAL PARK SERVICE FOR THE MINES OF SPAIN EXHIBIT AND EDUCATION PROGRAM Whereas, the National Park Service has awarded the City of Dubuque a $150,000 Fiscal Year 2007 Preserve America grant for the Mines of Spain Exhibit and Education Program; and Whereas, the Friends of the Mines of Spain will provide the local match for the Preserve Grant Agreement for the Mines of Spain Exhibit and Education Program; and Whereas, the City of Dubuque is willing to accept Preserve America funding. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor hereby is authorized to sign the Preserve America Grant Agreement with the National Park Service for the Mines of Spain Exhibit and Education Program. Section 2. That the City of Dubuque agrees to abide by all local, state and federal requirements applicable to the proposed budget. th Passed, approved and adopted this 4 day of February 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk State Historic Preservation Office: City Manger transmitting the 2007 Certified Local Government (CLG) report that has been submitted to the State Historic Preservation Office. Upon motion the documents were received and filed. Iowa Community Cultural Grant (ICCG) Application: City Manager recommending approval of an application to the Iowa Department of Cultural Affairs for an Iowa Community Cultural Grant. Upon motion the documents were received, filed, and approved. 7 National Register Nomination – Interstate Power Company Buildings: Historic Preservation Commission recommending nomination of the Interstate Power Company Buildings at 1000 th Main Street and 131 West 10 Street to the National Register of Historic Places. Upon motion the documents were received, filed, and approved. Miller Place – Final Plat: City Manager recommending approval of the final plat of Lots 1-1 and 2-1 Miller Place. Upon motion the documents were received and filed and Resolution No. 44-08 Rescinding Resolution No. 232-07 and approving the final plat of Lots 1-1 and 2-1 Miller Place in Dubuque County, Iowa, was adopted. RESOLUTION NO. 44-08 RESOLUTION RESCINDING RESOLUTION NO. 232-07 AND APPROVING THE FINAL PLAT OF LOTS 1-1 AND 2-1 MILLER PLACE IN DUBUQUE COUNTY, IOWA Whereas, there has been filed with the City Clerk a Final Plat of Lots 1-1 and 2-1 Miller Place; and Whereas, the Final Plat has been examined by the Zoning Advisory Commission and has its approval endorsed thereon, with the waiver of Article IV, Design and Improvement Standards of the Subdivision Regulations, except for Section 42-19, Blocks and Lots, and installation of a 24-foot wide private street and 37½-foot radius cul-de-sac; and Whereas, said Final Plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating thereto; and Whereas, Resolution No. 232-07 approved the Final Plat but included an incorrect legal description of the property and should be rescinded. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council hereby waives Article IV, Design and Improvement Standards of the Subdivision Regulations, except Section 42-19, Blocks and Lots, and that a private street (Wood Gate Drive) be constructed to a 24-foot width and 37½-foot radius cul-de-sac and maintained as part of Miller Place. Section 2. That the Final Plat of Miller Place is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat, provided the owners of said property herein named, execute their written acceptance hereto attached agreeing: a) A private street (Wood Gate Drive) be constructed to a 24-foot width and 37½-foot radius cul-de-sac in accordance with improvement plans signed on March 29, 2007. Section 3. That in the event Bill Miller Logging, Inc. fails to execute the acceptance within 180 days after the date of this Resolution, the provisions hereof shall be null and void and the approval of the plat shall not be effective. Section 4. Resolution No. 232-07 is hereby rescinded. th Passed, approved and adopted this 4 day of February, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk ACCEPTANCE OF RESOLUTION NO. 44-08 I, the undersigned, Bill Miller, representing Bill Miller Logging, Inc., having read the terms and conditions of Resolution No. 44-08 and being familiar with the conditions thereof, hereby accept the same and agree to the conditions required therein. th Dated in Dubuque, Iowa this 11 day of February, 2008. Bill Miller Logging, Inc. 8 /s/William A. Miller, President Dubuque Regional Airport Terminal Relocation Project (Per an amended agenda, this item was removed.) Tobacco Compliance – Civil Penalty for Tobacco Permit Holders: City Manager recommending acceptance and approval of Acknowledgement/Settlement Agreements for a first violation for Arby’s Phillips 66, 300 South Locust Street; and Hy-Vee, 3500 Dodge Street. Upon motion the documents were received, filed, and approved. Legislative Correspondence: City Manager correspondence to local legislators requesting support for allowing local governments the right to determine if smoking should be allowed in public places. Upon motion the documents were received and filed. Business Licenses: City Manager recommending approval of annual liquor license renewals as submitted. Upon motion the documents were received and filed and Resolution No. 45-08 Granting the issuance of a Class “C” Beer Permit to Awn Stop Mart, Inc. and Clark of Dubuque; and Resolution No. 46-08 Granting the issuance of a Class “B” Hotel/Motel Liquor License to Champps Americana; and Class “C” Beer/Liquor License to Hammerheads Bar and Goetz’s were adopted. RESOLUTION NO. 45-08 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved: and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS “C” BEER PERMIT Awn Stop Mart Inc. Awn Stop Mart+(Sunday Sale) 1998 Jackson Street Hiba Petroleum Clark of Dubuque+(Sunday Sale) 700 Rhomberg Avenue Passed, approved and adopted this 4th day of February, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 46-08 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Laws and all City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS “B” HOTEL/MOTEL LIQUOR LICENSE Dodge Street Entertainment Champps Americana+(Sunday & 3100 Dodge Street 9 Outdoor Sale) CLASS “C” BEER/LIQUOR LICENSE Hammerheads, Inc. Hammerheads Bar & Billiards+(Sunday 2095 Kerper Blvd. Sale) James Goetzinger Goetz’s+(Sunday Sale) 2776 Jackson Street Passed, approved and adopted this 5th day of February, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk ITEMS TO BE SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Voetberg. Motion carried 7-0 Cable Television Franchise 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 Sageville School to the Institutional Network and approving a separate agreement 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 Franchise Agreement between the City of Dubuque, Iowa, and MCC Iowa, LLC, adding Sageville School to Exhibit 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 Federal Building. RESOLUTION NO. 47-08 SETTING A PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE CABLE TELEVISION FRANCHISE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND MCC IOWA, LLC, ADDING SAGEVILLE SCHOOL TO EXHIBIT B, THE LIST OF SITES CONNECTED VIA FIBER OPTIC CABLE TO THE INSTITUTIONAL NETWORK AS SET FORTH IN THE CABLE TELEVISION FRANCHISE AGREEMENT Whereas, Section 6(h) of the 2005 Franchise Agreement (the Franchise Agreement) between the City of Dubuque, Iowa (City) and MCC Iowa LLC (Mediacom) establishes an institutional network (I-Net) utilizing fiber optic cable; and Whereas, the I-Net links public, educational, and governmental facilities in the City of Dubuque; and WHEREAS, the Dubuque Community School District (DCSD) has requested that Sageville School become a part of the Institutional Network (I-Net); and Whereas, City and Mediacom have agreed to amend Exhibit B to the Franchise Agreement, the I-Net Site List, to add Sageville School, 12015 Sherrill Road, via six fibers connecting to Fulton School; and Whereas, City and Mediacom have agreed to allow Sageville School to access the I-Net upon the terms and conditions set forth in an agreement among the City of Dubuque, MCC Iowa, LLC (Mediacom), and DCSD. WHEREAS, the addition of Sageville School to the I-Net is consistent with the public interest. 10 NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: The City Clerk is hereby authorized and directed to cause this Resolution and a notice to be published as prescribed by Iowa Code Section 364.3 of a public hearing on the City Council's intent to approve the amendment to Exhibit B of the Cable Franchise Agreement between the City of Dubuque, Iowa, and MCC Iowa, LLC adding Sageville School, to be held on the 18th day of February, 2008, at 6:30 o'clock p.m. at the Historic Federal Building Council Chambers, 350 th West 6 Street, Dubuque, Iowa. th Passed, approved and adopted this 4 day of February, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Windsor Avenue Storm Sewer Construction Project: City Manager recommending initiation of the public bidding process for the Windsor Avenue Storm Sewer Construction Project and that a public hearing be set for February 18, 2008 to consider approval of the plans and specifications, form of contract and estimated cost. Upon motion the documents were received and filed and Resolution No. 48-08 Preliminary approval of plans, specifications, form of contract, and estimated cost for the Windsor Avenue Storm Sewer Construction Project; Setting date of public hearing on plans, specifications, form of contract, and estimated cost for the Windsor Avenue Storm Sewer Construction Project; and Ordering bids for the Windsor 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. RESOLUTION NO. 48-08 WINDSOR AVENUE STORM SEWER EXTENSION PROJECT - PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the Windsor Avenue Storm Sewer Extension Project, in the estimated amount $224,886.95, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. th A public hearing will be held on the 18 day of February, 2008, at 6:30 p.m. in the Historic Federal Building Council Chambers at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. The Windsor Avenue Storm Sewer Extension Project is hereby ordered to be advertised for bids for construction. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. The City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, by publishing the attached Notice to Bidders to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be 11 published not less than four but not more than forty-five days before the date for filing bids th before 2:00 p.m. on the 20 day of February, 2008. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final action at 6:30 p.m. on the rd 3 day of March, 2008, in the Historic Federal Building Council Chambers (second floor), 350 th West 6 Street, Dubuque, Iowa. th Passed, adopted and approved this 4 day of February, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Dubuque Industrial Center Urban Renewal Plan: City Manager recommending adoption of a Resolution of Necessity that begins the process of amending the Urban Renewal Plan for the Dubuque Industrial Center Economic Development District to expand the district to include the North Siegert Farm and the rail site and that a public hearing be scheduled for March 17, 2008. Upon motion the documents were received and filed and Resolution No. 49-08 Resolution of Necessity finding that certain areas adjacent to the Dubuque Industrial Center Economic Development District meet the definition of an economic development area under the Urban Renewal Law, and that development of said areas is necessary in the interest of the residents of the City of Dubuque, Iowa, was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on March 17, 2008, in the Historic Federal Building. RESOLUTION NO. 49-08 A RESOLUTION OF NECESSITY FINDING THAT CERTAIN AREAS ADJACENT TO THE DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT MEET THE DEFINITION OF AN ECONOMIC DEVELOPMENT AREA UNDER THE URBAN RENEWAL LAW, AND THAT DEVELOPMENT OF SAID AREAS IS NECESSARY IN THE INTEREST OF THE RESIDENTS OF THE CITY OF DUBUQUE, IOWA . Whereas, the City Council of the City of Dubuque has heretofore, by Resolution No. 15-08 adopted on January 7, 2008, approved the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District (the “District”) in order to provide redevelopment opportunities which will further the purposes and objectives of the foregoing Urban Renewal Plan; and Whereas, the City Council has found that certain areas adjacent to the District meet the definition of an economic development area as found in Chapter 403 "Urban Renewal" of the Iowa Code; and Whereas, Chapter 403 of the Iowa Code requires that before urban renewal authority may be exercised, a City Council must adopt a resolution of necessity finding that the area in question is a slum, blighted or economic development area, and that so designating such area is necessary in the interest of the public health, safety or welfare of the residents of the municipality. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the following described area, which is proposed to be added to the Dubuque Industrial Center Economic Development District, is an economic development area as defined by Chapter 403 of the Iowa Code and is appropriate for an urban renewal project, to wit: North Siegert Farm (Subarea C)Lot 1-1 NW 1/4-NE 1/4; LOT 2 OF E 10 ACRES OF 10 NE 1/4-NW 1/4; NW 1/4-NE 1/4; Lot 2 NW 1/4-N 1/4; Lot 1 E 1/4 NE 1/4-NW 1/4; W 3/4 NE 1/4-NW 1/4; Lot 2-1 SE 1/4-NW 1/4; Lot 1-1 SE 1/4-NW 1/4; and the SW 1/4-NE 1/4 all in Section 30, Township 89 North, Range 2 East, 5th Principal Meridian in the City of Dubuque, Dubuque County. 12 Section 2. That the development of the above-described expansion area is necessary and appropriate to facilitate the proper growth and development of the community in accordance with sound planning and local community objectives. Section 3. That the City Manager is authorized and directed to prepare an amendment to the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District for the purpose of including the above-described area in the District, to forward said amendment to the City's Long Range Planning Commission for review and comment, and to begin the consultation process required by law with affected taxing entities. Section 4. That the City Clerk is directed to publish notice of a public hearing on the adoption of the proposed amendment to the Amended and Restated Urban Renewal Plan for th the Dubuque Industrial Center Economic Development District to be held on March 17, 2008 at 6:30 p.m. in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa 52001 and that said notice shall generally identify the areas covered by the Amended and Restated Plan, the areas proposed to be added to the District, and the general scope of the urban renewal activities planned for such areas, and that said notice shall be published and available to the th public on March 7, 2008. Section 5. That the City Clerk is further directed to send by ordinary mail a copy of said notice of public hearing and the proposed amendment to the Dubuque Community School District, the County Board of Supervisors and the Northeast Iowa Community College, as the affected taxing entities. th Passed, approved, and adopted this 4 day of February, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Fiscal Year 2009 Operating Budget and Capital Improvement Program: City Manager recommending that a public hearing be set for March 13, 2008 to consider adoption of the Fiscal Year 2009 Operating Budget and Capital Improvement Program. Upon motion the documents were received and filed and Resolution No. 50-08 Setting the date for the public hearing on the Fiscal Year 2009 Budget for the City of Dubuque, Iowa; and Resolution No. 51- 08 Setting the date for the public hearing on the Five Year Capital Improvement Program for Fiscal Years 2009 through 2013 for the City of Dubuque, Iowa, were adopted setting a public hearing for a meeting to commence at 6:30 p.m. on March 13, 2008, in the Historic Federal Building. RESOLUTION NO.50-08 SETTING THE DATE FOR THE PUBLIC HEARING ON THE FISCAL YEAR 2009 BUDGET FOR THE CITY OF DUBUQUE Whereas, Iowa Code Section 384.16 provides that the City Council shall set a time and place for a public hearing on the Fiscal Year 2009 budget before the final budget certification date and shall publish notice before the hearing as provided in Iowa Code Section 362.3. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council shall conduct a public hearing on the proposed Fiscal Year 2009 budget for the City of Dubuque in the City Council Chambers at the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, on Thursday, March 13, 2008, beginning at 6:30 p.m. Section 2. That the City Clerk be and is hereby authorized and directed to publish notice of the public hearing, according to law, together with the required budget information. 13 th Passed, approved and adopted this 4 day of February, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 51-08 SETTING THE DATE FOR THE PUBLIC HEARING ON THE FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS 2009 THROUGH 2013 FOR THE CITY OF DUBUQUE Whereas, a proposed Five-Year Capital Improvement Program for the City of Dubuque for Fiscal Years 2009 through 2013 has been prepared and submitted to the City Council; and Whereas, the capital projects for the first year of the program are included in the Fiscal Year 2009 budget for the City of Dubuque; and Whereas, it is deemed to be in the best interest of the City of Dubuque to conduct a public hearing and adopt the five-year Capital Improvement Program simultaneously with the public hearing and adoption of the Fiscal Year 2009 budget for the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council shall conduct a public hearing on the five-year Capital Improvement Program for Fiscal Years 2009 through 2013 in the City Council Chambers at the th Historic Federal Building, 350 West 6 Street, Dubuque, Iowa, on Thursday, March 13, 2008, beginning at 6:30 p.m. Section 2. That the City Clerk be and is hereby authorized and directed to publish notice of the public hearing. th Passed, approved and adopted this 4 day of February, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk BOARDS/COMMISSIONS Appointment was made to the following Board/Commission: Mediacom Charitable Foundation (Two 1-year terms through December 31, 2008 – Terms of Hall and Chavenelle) Motion by Braig to appoint Constance Twining to a one-year term through December 31, 2008. Seconded by Jones. Motion carried 7-0. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone to address the City Council. Medical Associates Clinic / Robert Hartig – Planned Unit Development District (PUD) Amendment (Tabled from December 17, 2007 City Council Meeting) Motion by Connors to remove from the table. Seconded by Voetberg. Motion carried 7-0. Proof of publication on notice of public hearing to consider a request from Medical Associates Clinic / Robert Hartig to amend the existing Associates Park Planned Unit Development (PUD) District to designate a portion of the existing greenway buffer for business use and Zoning Advisory Commission recommending denial. Communication from Kathleen R. Kelley, 3836 Cora Drive, in opposition to the proposed amendment to the Associates Park Planned Unit Development District. Motion by Connors to receive and file the documents and for the first consideration of an Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of 14 Ordinances by adopting a revised Planned Unit Development Ordinance 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 zoned commercial and believed that Planned Unit Development was meant to be flexible. He further stated that Medical Associates has been a good neighbor and requested City Council look at the project and not the emotions involved. Robert Hartig, 1500 Associates Drive, presented a slideshow, which described the West Campus Medical Support Service Building project, its purpose, and the concessions they have made in response to the concerns expressed by the adjacent property owners. Mr. Hartig 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 developments within the city not requiring green space. He stated that the drainage 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 neighborhood input meetings. Mary Pat Kerper, 3830 Cora Drive, spoke on behalf of Cora Drive residents. Ms. Kerper presented a slide show of the affected homes and existing green space, and reviewed the history and timeline of the rezoning. She discussed the reasons for the opposition, which included decreased property values, increased noise and safety concerns, drainage problems, and poor aesthetics. She questioned Medical Associates’ reasons 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 questioned why change it now if it is working. She believes 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 included examples of adjacent property owners encroaching upon Medical Associates’ property by mowing, dumping of yard waste, sump pump/gutter drainage, and vehicle storage. Mr. Hartig stated that a driveway would not circle the proposed building and traffic would remain the same as it is today with only box-truck deliveries. Mr. Hartig stated that this is an important project for the city, that businesses change, and there needs to be flexibility. Planning Services Manager Laura Carstens provided 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 Commission Vice Chairperson Jeff Stiles stated that Medical Associates has compelling arguments for their request, and they have answered the neighbors’ concerns. He reviewed the history of the PUD and noted that Medical Associates is committed to keeping the proposed area as parking as well as committed to the green space. Mr. Stiles said that the Commission 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. 15 Voetberg said the he was a City Council Member when the PUD was adopted. He stated that some of the complaints by neighbors were not well founded 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 Medical Associates is a great business, but the City Council made a commitment in 1994 and 1996. Braig stated the Medical Associates agreed to the original green space, and they can’t keep chipping away at it for a building. Jones stated that Medical Associates made very effort to respond to concerns, 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 sustainable buildings. The proposal still includes significant space between residential and Medical Associates. Lynch stated that he was disappointed because someone loses no matter what is decided. He wished there could be more compromise, and we cannot always live by previous business decisions. Arboretum Drive – Request to Vacate: Proof of publication on notice of public hearing to consider a request from Mike Felderman to vacate and purchase a portion of Arboretum Drive and City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 52-08 Approving plat of proposed vacated portion of Arboretum Drive and underlying roadway easement, Resolution No. 53-08 Vacating a portion of Arboretum Drive and underlying roadway easement, and Resolution 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. RESOLUTION NO. 52-08 RESOLUTION APPROVING PLAT OF PROPOSED VACATED PORTION OF ARBORETUM DRIVE AND UNDERLYING ROADWAY EASEMENT Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat thth dated the plat dated the 10 day of January, 2008, with certificate signed the 14 day of January, 2008, prepared by Buesing & Associates, describing the proposed vacated portion of Arboretum Drive and underlying roadway easement; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: thth Section 1. That the plat dated the 10 day of January, 2008, with certificate signed the 14 day of January, 2008, prepared by Buesing & Associates, relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining sanitary sewer as shown on the Plat of Survey of Lots A, B, C, and D of Breven Place No. 2 in the City of Dubuque, Dubuque County, Iowa. Section 3. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. th Passed, approved and adopted this 4 day of February, 2008. 16 Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 53-08 RESOLUTION VACATING A PORTION OFARBORETUM DRIVE AND UNDERLYING ROADWAY EASEMENT Whereas, Michael G. and Ann C. Felderman have requested the vacating of a portion of Arboretum Drive south of the relocated Arboretum Drive and underlying roadway easement; and Whereas, Buesing & Associates has prepared and submitted to the City Council a plat showing the vacated portion of Arboretum Drive south of the relocated Arboretum Drive, including an underlying roadway easement, and assigned lot numbers thereto, which hereinafter shall be known and described as Lots A, B, C, and D of Breven Place No. 2 in the City of Dubuque, Dubuque County, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that a portion of Arboretum Drive south of the relocated Arboretum Drive, including an underlying roadway easement, is no longer required for public use, and vacating of said portion of Arboretum Drive south of the relocated Arboretum Drive, including an underlying roadway easement, platted as Lots B, C, and D of Breven Place No. 2 in the City of Dubuque, Dubuque County, Iowa, should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lots B, C, and D of Breven Place No. 2 in the City of Dubuque, Dubuque County, Iowa, be and the same is hereby vacated. th Passed, approved and adopted this 4 day of February, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 54-08 RESOLUTION DISPOSING OF CITY INTEREST IN LOT B OF BREVEN PLACE NO. 2 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of th Dubuque, Iowa on this 25 day of January, 2008, the City Council of the City of Dubuque, Iowa th met on the 4 day of February, 2008, at 6:30 p.m. in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, to consider the proposal for the sale of real estate described as: Lot B of Breven Place No. 2 in the City of Dubuque, Dubuque County, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to sell such real estate, except for easement as noted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the sale of City of Dubuque real property described as Lot B of Breven Place No. 2 in the City of Dubuque, Dubuque County, Iowa, to Michael G. and Ann C. Felderman be and the same is hereby approved for the sum of $300.00, plus the cost of surveying, platting, publication, and filing fees. Conveyance shall be by Quit Claim Deed. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining sanitary sewer as shown on the 17 Plat of Survey of Lots A, B, C, and D of Breven Place No. 2 in the City of Dubuque, Dubuque County, Iowa. Section 3. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to Michael G. and Ann C. Felderman upon receipt of the purchase price in full. Section 4. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. th Passed, approved and adopted this 4 day of February, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 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 antenna facility on the Pennsylvania 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 operation of a wireless telecommunication antenna facility. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 55-08 A RESOLUTION OF THE CITY OF DUBUQUE APPROVING OF A LEASE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND IOWA WIRELESS SERVICES, LLC FOR THE INSTALLATION AND OPERATION OF A WIRELESS TELECOMMUNICATION ANTENNA FACILITY WHEREAS, the City Council of the City of Dubuque, Iowa encourages the expansion of wireless telecommunication services to its citizens, businesses and institutions while at the same time minimizing safety and aesthetic concerns posed by the construction of new towers and monopoles in residential areas, and WHEREAS, Iowa Wireless Services, LLC is the holder of a current Federal Communications Commission license to provide certain wireless communication services for sale in and around the City of Dubuque, and , WHEREASIowa Wireless Services, LLC desires to expand its signal coverage area and enhance the quality and capacity of its technical infrastructure by installing and operating a wireless telecommunication antenna facility on or near a water storage tank owned by the City of Dubuque identified as site W-5 and located at 4136 Pennsylvania Avenue in Dubuque, and WHEREAS, the City of Dubuque desires to lease to Iowa Wireless Services, LLC certain space on top of the site W-5 water tank along with adjacent ground space for the purpose of installation and operation of a wireless telecommunication facility, and WHEREAS, representatives of Iowa Wireless Services, LLC and of the City of Dubuque have negotiated terms for such a Lease Agreement which the City Council finds beneficial to the community. nd WHEREAS, on the 22 day of January, 2008, the City Council pursuant to notice published as required by law held a public hearing on its intent to dispose of the foregoing interest in real property and overruled all objections thereto; WHEREAS, the City Council believes it is in the best interests of the City of Dubuque to approve the Lease Agreement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 18 Section 1. That the Lease Agreement between the City of Dubuque and Iowa Wireless Services, LLC is hereby approved and the City Manager is authorized to sign and administer the Lease Agreement on behalf of the City of Dubuque. Passed, approved and adopted this 4th day of February, 2008. Roy D. Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Washington Neighborhood Lighting Initiative: City Manager recommending approval of the street and alley lighting program proposed for the Washington Neighborhood. Motion by Jones to receive and file the documents and approve. Seconded by Voetberg. Resnick suggested including small, compact, fluorescent bulbs. Motion carried 7-0 th 175 Anniversary Committee Grant Awards: City Manager recommending approval of the th 175 Anniversary Committee grant awards for ten projects. Motion by Connors to receive and file the documents and approve. Seconded by Lynch. Connors thanked the groups that applied and the committee. Motion carried 7-0. Americans with Disabilities Act – Architectural Barrier Removal: City Manager recommending adoption of an ordinance that will permit the enforcement of the Americans with Disabilities Act (ADA) on the local level. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Lynch. Motion 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 Ordinances by adding a new Article VIII, Accessibility Code for Readily Achievable Changes. Seconded by Braig. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 6-08 AMENDING CHAPTER 11, BUILDINGS AND BUILDING REGULATIONS, OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY ADDING A NEW ARTICLE VIII, ACCESSIBILITY CODE FOR READILY ACHIEVABLE CHANGES. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Chapter 11 of the Dubuque Code of Ordinances is hereby amended by adding the following Article VIII: ARTICLE VIII. Accessibility Code for Readily Achievable Changes Sec. 11-84. Public accommodations. A place of public accommodation means a facility whose operations fall within one of the following categories: (a) An inn, hotel, motel, or other place of lodging, except for an establishment located within a building that contains not more than five (5) rooms for rent or hire and that is actually occupied by the proprietor of such establishment as the residence of such proprietor; 19 (b) A restaurant, bar or other establishment serving food or drink; (c) A motion picture house, theater, concert hall, stadium or other place of exhibition or entertainment; (d) An auditorium, convention center, lecture hall or other place of public gathering; (e) A bakery, grocery store, clothing store, hardware store, shopping center or other sales or rental establishment; (f) A laundromat, dry-cleaner, bank, barber shop, beauty shop, travel service, shoe repair service, funeral parlor, gas station, office of an accountant or lawyer, pharmacy, insurance office, professional office of a health care provider, hospital or other service establishment; (g) A terminal, depot or other station used for public transportation; (h) A museum, library, gallery or other place of public display or collection; (i) A park, zoo, amusement park or other place of recreation; (j) A nursery, elementary, secondary, undergraduate, or postgraduate private school or other place of education; (k) A day care center, senior citizen center, homeless shelter, food bank, adoption agency or other social service center establishment; and (l) A gymnasium, health spa, bowling alley, golf course or other place of exercise or recreation. Sec. 11-85. Owner defined; Landlord and tenant responsibilities For purposes of this Article, owner shall mean the owner of a building that is or houses a place of public accommodation, a landlord who owns property that is or houses a place of public accommodation, and a tenant who owns or operates a place of public accommodation. Sec. 11-86. Removal of architectural barriers if readily achievable. (a) It shall be a violation of this ordinance for an owner of a public accommodation to fail to remove architectural barriers, and communication barriers that are structural in nature, in any public accommodation, where such removal is readily achievable. The phrase "readily achievable" shall have the meaning set forth under the Americans with Disabilities Act of 1990 (42 U.S.C. 12182), as amended, and any implementing regulations. (b) Where an owner can demonstrate that the removal of a barrier under subsection (a) is not readily achievable, an owner shall nonetheless be required to make existing facilities available through alternative methods if such methods are readily achievable. Sec. 11-87. General Enforcement. The building official is authorized to take such action as may be necessary to enforce this Article. Sec. 11-88. Compliance agreements. In lieu of or in addition to any penalty or procedure authorized herein or by law, the building official and an owner accused of violating Chapter 11, Article VIII may enter into a written agreement providing for the proper and timely abatement of violations. A compliance agreement may include a description of the specific action that will be taken to abate violations or to provide greater accessibility, a compliance timetable, a requirement for performance security, notice procedures and reporting requirements, liquidated penalties and other items reasonably related to the proper and timely abatement of violations. A compliance agreement shall constitute a written contract between the city and the owner which may be enforced by any appropriate action at law or in equity, including an action for specific performance or injunctive relief. A compliance agreement shall run with the land and shall be recorded. The violation of a compliance agreement shall constitute a separate violation of this Article. A compliance agreement shall not relieve an owner from the continuing obligation to comply with this Article or any other law or regulation pertaining to accessibility. Sec. 11-89. Notices and orders of building official 20 (a) Whenever the building official has inspected or caused to be inspected any place of public accommodation and has found and determined that there exist barriers whose removal is readily achievable, the building official shall commence proceedings to cause the removal of such barriers. (b) The building official shall attempt to reach an agreement with an owner alleged to have violated this Article on a plan for proper and timely abatement of violations. Such agreement shall be in writing signed by all of the owners and the building official and shall include a description of the specific action that will be taken by the owner to abate the alleged violations or to provide greater accessibility, and a compliance timetable. A failure to abate the alleged violations in accordance with the timetable shall constitute a municipal infraction. (c) If the building official and an owner alleged to be in violation of this Article are unable to reach agreement within 30 days of inspection, for the abatement of the alleged violations, the building official shall issue a notice and order directed to all of the owners of the public accommodation. The notice and order shall include: (1) The street address and a legal description sufficient for identification of the premises upon which the building is located. (2) A statement that the building official has found that barriers exist whose removal is readily achievable. (3) A statement of the action required to be taken as determined by the building official. Such order shall require that all required permits be secured therefore and the work physically commenced and completed within such time as the building official shall determine is reasonable under all of the circumstances, but not to exceed twelve months from the date of the order. (4) Statements advising (a) that an owner may appeal from the notice and order or any action of the building official to the building code and advisory appeals board, provided the appeal is made in writing as provided in this Article and filed with the building official within thirty (30) days from the date of service of such notice and order; and (b) that failure to appeal will constitute a waiver of all right to an appeal of the matter. The building code and advisory appeals board shall follow the appeals and hearing process set forth in sections 11-26 and 11- 27 of this Chapter, except that the board shall be supplemented with two additional members as described in section 11-89 for purposes of appeals under this Article. (d) Service of the notice and order shall be made upon all persons entitled thereto either personally or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested, to each such person at such person’s last known address. If no address of any such person is known to the building official, then a copy of the notice and order shall be so mailed, addressed to such person, at the address of the building involved in the proceedings and a summary of the notice and order shall be published in a newspaper as defined in Section 618.3 of the Iowa Code published in and having general circulation in the City. The failure of any such person to receive such notice shall not affect the validity of any proceedings taken under this section. Service by certified mail in the manner herein provided shall be effective on the date of mailing. (e) Proof of service of the notice and order shall be certified to at the time of service by a written declaration under penalty of perjury executed by the persons affecting service, declaring the time, date, and manner in which service was made. The declaration, together with any receipt card returned in acknowledgement of receipt by certified mail, or affidavit of publication, shall be affixed to the copy of the notice and order retained by the building official. Sec. 11-90. Supplemental Membership on Building Code and Advisory Appeals Board. 21 For purposes of enforcement of this Article, two additional members shall be appointed by the City Council to the Building Code and Advisory Appeals Board. The two additional members shall participate only in appeals under this Article. The terms of the two additional members shall be three years. Sec. 11-91. Licenses and permits. In addition to any other remedy provided herein or otherwise under law, the City Manager, upon providing notice and an opportunity to be heard, may refuse to issue to an owner any license or permit provided for by ordinance for a failure of an owner to comply with this Article, and may condition, suspend or revoke any license or permit provided for by ordinance for a failure of an owner to comply with this Article. Sec. 11-92. Responsible parties. Unless otherwise provided by regulations promulgated under the Americans with Disabilities Act, all owners shall be jointly and severally responsible for compliance with this Article. th Passed, approved and adopted this 4 day of February, 2008. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 9 day of February, 2008. /s/Jeanne F. Schneider, CMC, City Clerk City Council Work Session – Digital TV Transition: City Manager requesting that a City Council Work Session be scheduled so that information can be presented on the upcoming digital television transition. Motion by Connors to receive and file the documents and set the date for the work session on April 21, 2008 at 5:30 p.m. in the Historic Federal Building. Seconded by Lynch. Motion carried 7-0. Fiscal Year 2009 Operating Budget and Five Year Capital Improvement Program: City Manager submitting the Fiscal Year 2009 Operating Budget and Five Year Capital Improvement Program. Motion by Connors to receive and file the documents. Seconded by Braig. Motion carried 7-0. COUNCIL MEMBER REPORTS Buol reported on his attendance at the US Conference 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 Dubuque in conjunction with DuPont. CLOSED SESSION Upon motion at 9:55 p.m., the City Council convened in closed session regarding pending litigation and property acquisition pursuant to Chapter 21.5(1)(c)(j) 2007 Code of Iowa. Upon motion at 10: 39 p.m., the City Council reconvened 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 22