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12 7 20 City Council Proceedings Official_Special and RegularCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in a special session at 5:00 p.m. on December 7, 2020. Due to the COVID-19 pandemic and mandates for social distancing, this meeting was conducted virtually and aired live on CityChannel Dubuque (Mediacom cable channels 8 and 117.2), streamed live on the city’s website at www.cityofdubuque.org/media, and streamed live on the City’s Facebook page at www.facebook.com/cityofdubuque. Present: Mayor Buol; Council Members Cavanagh, Jones, Lynch, Resnick, Roussell, Sprank; City Manager Van Milligen, City Attorney Brumwell Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting a work session on child care collaborative efforts. WORK SESSION Childcare Collaborative Efforts Economic Development Director Jill Connors presented the work session with Tara Roddick, Childcare Consultant Supervisor, Childcare Resource and Referral (CCRR); Ab- igail Degenhardt, Executive Director, Dubuque County Early Childhood (DCEC); Erin Powers Daley, Director of Recruitment, Northeast Iowa Community College (NICC); and Paul Duster, Director of Community Initiatives, Community Foundation of Greater Dubu- que. Topics included: • The importance of quality childcare • Types of childcare available in the community • Challenges o Lack of availability o High cost for parents o Low wages for providers o High turnover rate • Economic effects • Organizations addressing this: o Dubuque County Early Childhood (DCEC) o Child Care Resource and Referral (CCRR) o Iowa Women’s Foundation (IWF) o Community Foundation of Greater Dubuque o Greater Dubuque Development Corporation (GDDC) o Northeast Iowa Community College (NICC) o City of Dubuque • Local successes • Legislative success • Next steps The presenters responded to questions from the City Council related to potential dis- parities between childcare openings for certain age groups, collaborations with Head Start, potential incentives for businesses to start central childcare facilities, and potential local actions regarding wages of childcare workers. City Council also requested infor- mation from City staff and network partners on the status of Iowa Legislature House File 2629 and recommendations that Council can review and evaluate. City staff and network partners confirmed that they will follow up with Council on the requested information at a later time. City Manager Van Milligen stated that any deliberation regarding City resources dedicated to Council’s requests would be done through the budget process, and there is no guarantee that resources would be available. There being no further business, Mayor Buol declared the work session adjourned at 6:28 p.m. /s/Adrienne N. Breitfelder, 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 December 7, 2020. Due to the COVID-19 pandemic and mandates for social distancing, this meeting was conducted virtually via GoToMeeting and aired live on CityChannel Dubuque (Mediacom cable channels 8 and 117.2), streamed live on the city’s website at www.cityofdubu- que.org/media, and streamed live on the City’s Facebook page at www.face- book.com/cityofdubuque. Present: Mayor Buol; Council Members Cavanagh, Jones, Lynch, Resnick, Roussell, Sprank; City Manager Van Milligen, City Attorney Brumwell Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly com e before the City Council. PLEDGE OF ALLEGIANCE PRESENTATION(S) 1. Fraternal Order of Eagles Home Town Builder Award: Mike Duehr, of Fraternal Or- der of Eagles, was unable to present the Home Town Builder award to Mike and Nancy Van Milligen due to a scheduling conflict. There was no verbal presentation of this award. 2. COVID-19 Update: Mary Rose Corrigan, Public Health Specialist for the City of Dubuque, provided an update on the COVID-19 pandemic and response activities. Ms. Corrigan responded to questions from the City Council. CONSENT ITEMS Request by Lynn Sutton, 859 Air Hill, to hold Consent Item #4, Human Rights Com- mission Recommendations on Advancing Housing Equity, for a separate discussion. Motion by Resnick to receive and file and the documents, adopt the resolutions and dispose of as indicated except for Consent Item #4. Seconded by Jones. Motion Carried 7-0. 1. Minutes and Reports Submitted: Arts and Cultural Affairs Commission of 10/27 and Master Plan Task Force and Group of 10/27; City Council Proceedings of 11/16 and 11/23; Library Board of Trustees of 9/24, 10/22, and 11/19; Community Development Advisory Commission of 11/18; Proof of Publication for City Council Proceeding of 10/19 and 11/2; Proof of Publication for 2020 Financial Repo rt Fiscal Year Ended 6/30; Proof of Publication for List of Claims and Summary of Revenues for Month Ending 10/30; Zoning Board of Adjustments of 11/19. Upon motion, the documents were received and filed. 2. Notice of Claims and Suits: Jong Cosgrove for vehicle damage; Leland Mobley for vehicle damage; Geraldine Skahill for property damage. Upon motion, the documents were received, filed, and referred to the City Attorney. 3. Disposition of Claims: City Attorney advised that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As- surance Pool: Jong Cosgrove for vehicle damage; Leland Mobley for vehicle damage; Geraldine Skahill for property damage. Upon motion, the documents were received, filed, and concurred. 4. Human Rights Commission Recommendations on Advancing Housing Equity: Hu- man Rights Commission submitting its recommendations on advancing housing equity. Ms. Sutton requested that Consent Item #4 be tabled until all interested parties ha ve made recommendations. Ms. Sutton stated that the City has hired a poverty consultant who has made a list of impediments to fair housing with action steps and goals. Ms. Sutton also stated that the Housing Commission has not yet seen this letter and that she would like the opportunity for citizen input. Kelly Larson, Human Rights Director, stated that the five priorities listed by the Human Rights Commission are priorities from the Analysis of Impediments that the consultant Public Works LLC provided. The commission was prioritizing those items for the coming year. Council Member Jones stated that since the request is to receiv e and file the docu- ments, the recommended path for this item is through the budget process. Council Mem- ber Jones stated that there will be an opportunity for public input leading up to and during the budget process. Motion by Jones to receive and file the documents. Motion died for lack of a second. Motion by Cavanagh to table Consent Item #4: Human Rights Commission Recom- mendations on Advancing Housing Equity. Second by Resnick. Council Member Cavanagh stated that he supports the Housing Commission and t he Human Rights Com- mission having the opportunity to discuss this item together before it is brought to Council. Point of order by Jones that motion to table is not debatable. Motion carried 6 -1 with Sprank opposing. 5. Approval of City Expenditures: City Manager recommended City Council approval for payment of City expenditures. Upon motion, the documents were received and filed, and Resolution No. 347-20 Authorizing the Director of Finance and Budget/City Treasurer to make certain payments of bills that must be paid and approved for payment in accord- ance with City procedures was adopted. RESOLUTION NO. 347-20 AUTHORIZING THE DIRECTOR OF FINANCE AND BUDGET / CITY TREASURER TO MAKE CERTAIN PAYMENTS OF BILLS THAT MUST BE PAID AND APPROVED FOR PAYMENT IN ACCORDANCE WITH CITY PROCEDURES Whereas, Section 1-7-7(E) of the Municipal Code of the City of Dubuque provides that the Finance Director-City Treasurer shall keep an accurate account of all disbursements, money, or property, specifying the date, to whom, and from what fund paid; and Whereas, the invoices, presented by those firms and persons providing such goods and services have been pre-audited by Finance Department personnel in accordance with generally accepted internal control procedures and have be en determined to have been requisitioned for a lawful municipal purpose; and Whereas, the Finance Director-City Treasurer has provided a list of Expenditures at- tached hereto, and by this reference made a part hereof, to be drawn to pay for goods and services provided for City purposes; and Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 142 - 18 adopted May 7, 2018, authorized the Finance Director-City Treasurer to issue checks in payment of certain expenditures known as Exception Expenditures prior to City Council approval, and such list is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The Finance Director-City Treasurer is hereby authorized to issue payment for goods and services provided for City purposes in response to the purchase orders and contracts issued in compliance with state and mun icipal code requirements as re- quested by designated requisitioning authorities in accordance with approved budget ap- propriations. Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Finance Director are hereby authorized and directed to provide the statement of receipts and dis- bursements to the City Council and to publish a summary thereof. Passed, approved, and adopted this 7th day of December 2020. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 6. Acceptance of Kerper Boulevard Sanitary Sewer Project: City Manager recom- mended acceptance of the public improvement contract for the Kerper Boulevard Sanitary Sewer Reconstruction Project, as completed by Tschiggfrie Excavating Co. Upon motion, the documents were received and filed, and Resolution No. 348-20 Accepting the Kerper Boulevard Sanitary Sewer Reconstruction Project and authorizing the payment to the contractor was adopted. RESOLUTION NO. 348-20 ACCEPTING THE KERPER BOULEVARD SANITARY SEWER RECONSTRUCTION PROJECT AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the Kerper Blvd. Sanitary Sewer Recon- struction Project, (the Project) has been completed by the Contractor, Tschiggfrie Exca- vating, Co. (Contractor), the City Engineer has examined the work and recommends that the Project be accepted; and Whereas, the final contract amount for the Project is $2,423,630.89; and Whereas, the Contractor has previously been paid $2,392,449.35, leaving a balance of $31,181.54; and Whereas, the City Council finds that the recommendation of the City Engineer should be accepted. 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 the balance of the retainage of $31,181.54 as provided in Iowa Code chapter 573, and to pay such retainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code chapter 26.13. Passed, approved, and adopted this 7th day of December 2020. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF KERPER BLVD. SAN- ITARY SEWER RECONSTRUCTION PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Kerper Blvd. Sanitary Sewer Reconstruction Project has been per- formed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $3,413,606.94. Dated this 1st day of December 2020. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 1st day of December 2020. /s/Adrienne N. Breitfelder, City Clerk 7. Acceptance of North Cascade Road Water Main Extension - Creek Crossing Project: City Manager recommending acceptance of the public improvement contract for the North Cascade Road Water Main Extension – Creek Crossing Project, as completed by McDer- mott Excavating. Upon motion, the documents were received and filed, and Resolution No. 349-20 Accepting the North Cascade Road Water Main Extension - Creek Crossing Project and authorizing the payment to the contractor was adopted. RESOLUTION NO. 349-20 ACCEPTING THE NORTH CASCADE ROAD WATER MAIN EXTENSION - CREEK CROSSING PROJECT AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the North Cascade Road Water Main Extension - Creek Crossing Project, (the Project) has been completed by the Cont ractor, McDermott Excavating (Contractor), the City Engineer has examined the work and rec- ommends that the Project be accepted; and Whereas, the final contract amount for the Project is $207,909.48; and Whereas, the Contractor has previously been paid $197,514.01, leaving a balance of $10,395.47; and Whereas, the City Council finds that the recommendation of the City Engineer should be accepted. 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 the balance of the retainage of $10,395.47 as provided in Iowa Code chapter 573, and to pay such retainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code chapter 26.13. Passed, approved, and adopted this 7th day of December 2020. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF NORTH CASCADE ROAD WATER MAIN EXTENSION - CREEK CROSSING PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the North Cascade Road Water Main Extension - Creek Crossing Project has been performed in compliance with the terms of the Public Improvement Contract and that the total cost of the completed work is $224,568.25 Dated this 23rd day of November 2020. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 23rd day of November 2020. /s/Adrienne N. Breitfelder, City Clerk 8. Community Development Block Grant (CDBG) Agreements - Hills & Dales and Four Mounds: City Manager recommended approval of the Fiscal Year 2021 Community De- velopment Block Grant (CDBG) Agreements for Hills & Dales Senior Center and Four Mounds HEART Program. Upon motion the documents were received and filed, and Res- olution No. 350-20 Authorizing execution of Community Development Block Grant Funded Agreements was adopted. RESOLUTION NO. 350-20 AUTHORIZING EXECUTION OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDED AGREEMENTS Whereas, the following non-profit organizations requested Community Development Block Grant funding to assist low- or moderate-income residents; • Four Mounds HEART • Hills and Dales Senior Center; and Whereas, the City Council approved the Community Development Block Grant FY 2021 Annual Action Plan budget that included the CDBG allocation; and Whereas, all services provided will be to a minimum of 51% low/moderate-income res- idents. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Funding Approval/Agreements, authorized by the Community De- velopment Advisory Commission beginning July 1, 2020 , for funding of the aforemen- tioned organizations be approved. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to execute said Agreement and related documents on behalf of the City of Dubuque, Iowa. Passed, approved, and adopted this 7th day of December 2020. Roy D. Buol, Mayor Attest: Adrienne Breitfelder, City Clerk 9. Drug Abuse Resistance Education (DARE) Program Agreement with Holy Family School District for School Year 2020-2021: City Manager recommending approval of the Fiscal Year 2020-2021 Drug Abuse Resistance Education (DARE) Agreement between the City of Dubuque Police Department and the Holy Family School District. Upon motion the documents were received, filed, and approved. 10. City Council Communication Policy for Rezonings: City Attorney providing a copy of the City Council Communication Policy for Rezonings. Upon motion, the documents were received and filed. 11. Mediacom Communications Company: Correspondence from Lee Grassley, Sen- ior Manager of Government Relations for Mediacom Communications Company, inform- ing the City of rate adjustments being implemented on or about December 22, 2020. Upon motion, the documents were received and filed. 12. Pre-Annexation Agreement with Timothy A. and Tamara L. Ertl: City Manager rec- ommended approval of a Pre-Annexation Agreement with Timothy A. and Tamara L. Ertl in conjunction with a request for approval of the Final Plat of Survey for an approximately 17-acre parcel located one lot removed from the intersection of Derby Grange and Hales Mill Roads, which is located within two miles of the City of Dubuque corporate limits. Upon motion, the documents were received and filed, and Resolution No. 351-20 Approving a Pre-Annexation Agreement between the City of Dubuque, Iowa , and Timothy A. & Tamara L. Ertl was adopted. RESOLUTION NO. 351-20 APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBU- QUE, IOWA, AND TIMOTHY A. & TAMARA L. ERTL Whereas, Timothy A. & Tamara L. Ertl, the owner of the following described property in Dubuque County, Iowa (the Property) have submitted to the City Council of the city of Dubuque an application for voluntary annexation of the Property to the City of Dubuque: LOT 1 OF LOT 2 IN THE NORTHEAST QUARTER OF THE SOUTHWEST QUAR- TER OF SECTION 7, TOWNSHIP 89 NORTH, RANGE 2 EAST OF THE 5TH P.M., DUBUQUE COUNTY, IOWA; and Whereas, Timothy A. & Tamara L. Ertl have entered into a Pre-annexation Agreement with the City of Dubuque, a copy of which is attached hereto governing the future annex- ation of the Property; and Whereas, the Property is not subject to an existing annexation moratorium; and Whereas, the Property does not include any state or railroad property; and Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property in Dubuque County, Iowa and the extension of city limits by voluntary annexation; and Whereas, the annexation of the Property is consistent with the Comprehensive Plan of the City of Dubuque, necessary for the future orderly growth and development of the City of Dubuque, and will promote the efficient and cost-effective extension of municipal ser- vices; and Whereas, the City Council finds that the annexation of the Property is in the public interest. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Pre-annexation Agreement by and between Timothy A. & Tamara L. Ertl and the City of Dubuque is hereby approved. Passed, approved, and adopted this 7th day of December 2020. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 13. Iowa Department of Public Health Water Fluoridation Quality Awards: City Manager transmitting information from the Iowa Department of Public Health (IDPH) on the City of Dubuque receiving a Water Fluoridation Quality Award from the U.S. Centers for Disease Control and Prevention (CDC). Upon motion, the documents were received and filed. 14. Memorandum of Understanding with Green Dubuque for Vehicle Purchase for Green Iowa AmeriCorps: City Manager recommended approval of a Memorandum of Un- derstanding with Green Dubuque for the purchase of a vehicle for the Green Iowa Amer- iCorps Program. Upon motion, the documents were received, filed, and approved. 15. Office of the Governor - Iowa Public Information Board: Correspondence from Gov- ernor Kim Reynolds advising that Senior Counsel Barry Lindahl has been appointed as a member of the Iowa Public Information Board from November 19, 2020 , to April 30, 2024. Upon motion, the documents were received and filed. 16. Proposed Downtown Rehabilitation Grant Award for 801 Rhomberg Avenue: City Manager recommended approval of a Downtown Rehabilitation Grant Award to Kevin Scharpf for the Façade Grant, Planning & Design Grant, and Financial Consultant Grant. Upon motion, the documents were received and filed, and Resolution No. 352-20 Approv- ing a Grant Agreement between the City of Dubuque, Iowa and Offal Food Group, LLC for the redevelopment of 801 Rhomberg Avenue was adopted. RESOLUTION NO. 352-20 APPROVING A GRANT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND OFFAL FOOD GROUP, LLC FOR THE REDEVELOPMENT OF 801 RHOMBERG AVENUE Whereas, Offal Food Group, LLC is the owner of the building at 801 Rhomberg Avenue in the City of Dubuque, Iowa (the “Development Property”); and Whereas, Offal Food Group, LLC has applied to the City of Dubuque Economic Devel- opment Department (the “City”) for a Façade Grant, Planning & Design Grant, and a Fi- nancial Consultant Grant (the “Grants”) for the rehabilitation of the Development Property (the “Project”); and Whereas, the Project is eligible for the Grants; and Whereas, City and Offal Food Group, LLC have tentatively entered into a Grant Agree- ment for the Development Property (the “Grant Agreement”), a copy of which is attached hereto; and Whereas, it is the determination of the City Council that approval of the Grant Agree- ment for the redevelopment of the Development Property by Offal Food Group, LLC, according to the terms and conditions set out in the Grant Agreement, is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Grant Agreement between the City of Dubuque and Offal Food Group, LLC is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the Grant Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. That the City Manager is authorized to take such actions as are necessary to comply with the terms of the Grant Agreement as herein approved. Passed, approved, and adopted this 7th day of December 2020. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 17. Smart Traffic Routing with Efficient & Effective Traffic System (STREETS) Request for Proposals: City Manager recommended approval to initiate the Request for Proposals process for professional consultant services to design and implement the Smart Traffic Routing with Efficient and Effective Traffic System (STREETS). Upon motion, the docu- ments were received, filed, and approved. 18. U.S. Environmental Protection Agency - Building Block for Sustainable Communi- ties Letter of Interest: City Manager provided a copy of Mayor Buol's correspondence to the U.S. Environmental Protection Agency - Office of Community Revitalization express- ing the City of Dubuque's interest in receiving Addressing Emerging Mobility technical assistance. Upon motion, the documents were received and filed. 19. Improvement Contracts / Performance, Payment and Maintenance Bonds : FitzGer- ald Deconstruction & Reuse LLC for Deconstruction of 1025 Bluff Street; Peerless Well & Pump for the Dubuque Water Supply Well Repair and Rehabilitation P roject 2020 (Wells 3, 6, and 8). Upon motion, the documents were received, filed, and approved. 20. Liquor and Tobacco License Applications: City Manager recommended approval of annual liquor, beer, wine, and tobacco license applications as submitted. Upon motion, the documents were received and filed, and Resolution No. 353-20 Approving applica- tions for beer, liquor, and/or wine permits, as required by City of Dubuque Code of Ordi- nances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits and Resolution No. 354-20 Approving ap- plications for retail cigarette/tobacco sales/nicotine/vapor permits, as required by Iowa Code Chapter 453A.47A were approved. RESOLUTION NO. 353-20 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CONT ROL, ARTICLE B LIQ- UOR, BEER AND WINE LICENSES AND PERMITS Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted and filed with the City 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 the applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City Clerk is hereby authorized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required documentation: Renewals Inspire Cafe 955 Washington St. Suite 105 Class C Liquor (Sunday) Happy's Place 2323 Rockdale Rd. Class C Liquor (Sunday) Pepper Sprout, Inc. 378 Main St. Class C Liquor Next Phase Bar 1700 Central Ave. Class C Liquor (Sunday) New Dubuque Wine & Spirit 3305 Asbury Rd. Class E Liquor, Class B Wine, Class C Beer (Sunday) Fuel Express Food Mart 250 W. 1st St. Class B Wine (Sunday) Passed, approved, and adopted this 7th day of December 2020. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 354-20 APPROVING APPLICATIONS FOR RETAIL CIGARETTE / TOBACCO SALES / NICO- TINE / VAPOR PERMITS, AS REQUIRED BY IOWA CODE 453A.47A Whereas, applications for Cigarette/Tobacco Sales have been submitted and filed with the City 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 the applicants have filed the proper fees and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Business Name Business Address Dubuque Wine and Spirits 3305 Asbury. Rd. Section 1. The City Clerk is hereby authorized and directed to cause to be issued the following named applicants and locations for cigarette/tobacco sales permit. Passed, approved, and adopted this 7th day of December 2020. Roy D Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk ITEMS SET FOR PUBLIC HEARING Motion by Resnick to receive and file the documents, adopt the resolutions, set the public hearings as indicated, and direct the City Clerk to publish the notice as prescribed by law. Seconded by Roussell. Motion carried 7-0. 1. Proposed Resolution of Issues with 40 Main, LLC, 44 Main, LLC, and 210 Jones, LLC for December 21, 2020: City Manager recommended City Council set a public hear- ing on the 40 Main, LLC Subordination Agreement for December 21, 2020. Upon motion, the documents were received and filed, and Resolution No. 355-20 Setting a Public Hear- ing on the Subordination of a Mortgage granted by the City of Dubuque to 40 Main, LLC was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on Decem- ber 21, 2020, conducted virtually. [Due to the ongoing COVID-19 pandemic, the City Council will meet virtually through GoToMeeting. The official agenda will be posted on Friday, December 18, 2020 , and will contain listening, viewing, and public input options. The City Council agenda can be ac- cessed at https://cityofdubuque.novusagenda.com/AgendaPublic/ or by contacting the City Clerk’s Office at 563-589-4100, ctyclerk@cityofdubuque.org.] RESOLUTION NO. 355-20 SETTING A PUBLIC HEARING ON THE SUBORDINATION OF A MORTGAGE GRANTED BY THE CITY OF DUBUQUE TO 40 MAIN, LLC Whereas, the City of Dubuque (City) and 40 Main, LLC have e ntered into a Develop- ment Agreement dated the 15th day of January 2009, as amended; and Whereas, pursuant to the Development Agreement, 40 Main, LLC granted to City a Second Mortgage dated the 7th day of August 2009, recorded August 25, 2009, as Instru- ment No. 2009-00016569 (the City Mortgage; and Whereas, 40 Main LLC, has requested that City subordinate the Cit y Mortgage to the mortgage granted by 40 Main, LLC to Midwest One Bank (the Midwest One Mortgage), pursuant to the Subordination Agreement in a form acceptable to the City Attorney, on the following described real estate: Lots 16 and 17 in the Subdivision of the west half of Block 1, in Dubuque Harbor Company’s Addition, in the City of Dubuque, Iowa, according to the recorded plat thereof; and Whereas, the City Council finds that it is in the interests of the City of Dubuque to approve the Subordination Agreement and that a public hearing should be set on the proposed Subordination Agreement NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The it is the intent of the City Council to execute the Subordination Agree- ment with Midwest One Bank regarding the above-referenced real estate. Section 2. The City Clerk is hereby authorized and directed to cause this Resol ution and a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City’s intent to dispose of an interest in the foregoing -described Property, to be held on the 21st day of December 2020 at 6:30 p.m. Section 3. Due to the ongoing COVID-19 pandemic, the City Council will meet virtually through GoToMeeting. The official agenda will be posted on Friday, December 18, 2020, and will contain location, listening, viewing, and public input options. The City Council agenda can be accessed at https://cityofdubuque.novusagenda.com/Agenda Public/. Passed, approved, and adopted this 7th day of December 2020. Roy D. Buol, Mayor Attest: Adrienne Breitfelder, City Clerk BOARDS/COMMISSIONS Applications were reviewed for the following Boards/Commissions. Applicants were invited to address the City Council regarding their desire to serve. 1. Community Development Advisory Commission: One, 3-Year term through Febru- ary 15, 2022 (Expired term of Lenhart). Applicant: Janice Craddieth, 2320 White St. 2. Historic Preservation Commission: One, 3-Year term through July 1, 2023 (Vacant Langworthy District term of Klavitter); One, 3-Year term through July 1, 2021 (At-Large term of Cassill). Applicants: Melissa Daykin-Cassill, 1148 Langworthy St. (Qualifies for Langworthy District); David Klavitter, 1090 West 3rd St. * (Qualifies for At-Large). This commission is subject to the State of Iowa Gender Balance Law. 9 Commission- ers total; currently 5 males/2 females/2 openings. *Application was held for 90 days while female applicants were sought in adherence with Iowa Code 69.16A Gender Balance. PUBLIC INPUT Due to the COVID-19 pandemic and mandates for social distancing, public input was made available through GoToMeeting phone and chat functions, City Council and City Clerk email accounts, and the City of Dubuque’s Facebook Live page. Staff stated the no online public input was received. ACTION ITEMS 1. Greater Dubuque Development Corporation - Quarterly Update: President and CEO Rick Dickinson verbally presented the quarterly update on the activities of the Greater Dubuque Development Corporation. Highlights included the economic impacts of the COVID-19 pandemic on the regional economy of the greater Dubuque area; recent activ- ities of Greater Dubuque Development; and Greater Dubuque Development Corpora- tion’s award from the International Economic Development Council for Broadband Ex- pansion initiative with the Excellence in Economic Development Gold Award. Motion by Jones to receive and file the information. Seconded by Cavanagh. Motion carried 7 -0. 2. Proposed Master Services Agreement between the City of Dubuque and ImOn Com- munications to Provide Free Public Wi-Fi Services: City Manager recommended approval of a Master Services Agreement between the City of Dubuque and ImOn Communica- tions to provide free Wi-Fi internet services covering the Bee Branch Linear Park and adjacent areas. Information Technology Manager Chris Kohlmann introduced Sustaina- ble Innovation Consultant Dave Lyons with Greater Dubuque Development Corporation, who provided a presentation. Highlights included: Dubuque Broadband Acceleratio n Ini- tiative 2016-2020; progress made on the initiative; addressing digital equity; and phases I and II of the pilot project. Mr. Lyons responded to questions from the City Council. Motion by Sprank to receive and file the information and approve the agree ment. Seconded by Roussell. Motion carried 7-0. 3. Building Code Board Proposed Combination of Disciplines : City Manager recom- mended approval of the ordinance changes presented for the proposed board combina- tions to elicit greater participation and more effective review of City Building Codes. Mo- tion 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. Assistant City Manager and Acting Building Services Manager Cori Burbach, and Housing Director Alexis Steger, provided a presentation on the proposed changes. Ms. Burbach and Ms. Steger responded to questions from the City Co uncil regarding engagement and recruit- ment to the boards, steps taken for all trade representatives to provide insight to issues in their respective areas, the low number of appeals, and maintaining safety. City Council also requested increasing the number of members to each board and stated that the action proposed at this meeting is not a combination of the Building Services Department and the Housing Department. City Manager Van Milligen stated that this action item is a standalone item and that Action Item #5 on the agenda of this meeting, Request to Sched- ule Work Session on Building Services Department Changes, will discuss proposed Build- ing Services Department changes. That requested work session is not related to the pro- posals of this action item. City Attorney Brumwell responded to a question from City Coun- cil regarding the options for removal from a board. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 44-20 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Build- ing Codes, Article A Building Code and Regulations, Section 14-1A-6 Building Code and Advisory Appeals Board; Ordinance No. 45-20 Amending City of Dubuque Code of Ordi- nances Title 14 Building and Development, Chapter 1 Building Codes, Article D Electrical Code, Section 14-1D-3 Electrical Code Board; Ordinance No. 46-20 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article F Mechanical Code, Section 14 -1F-4 Mechanical and Plumbing Code Board; Ordinance No. 47-20 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article G Fuel Gas Code, Section 14-1G-2 Fuel Gas Code Amendments; Ordinance No. 48-20 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article H Plumbing Code, Section 14 -1H-7 Mechanical and Plumbing Code Board; Ordinance No. 49-20 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article I Accessibility Code for Readily Achievable Changes; Ordinance No. 50-20 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article J Property Maintenance Code, Sec- tion 14-1J- 7 Housing Board of Appeals; and Ordinance No. 51-20 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article K International Existing Building Code, Section 14-1K-2 International Ex- isting Building Code Amendments. Second by Lynch. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 44-20 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE A BUILDING CODE AND REGULATIONS, SECTION 14-1A-6 BUILDING CODE AND ADVISORY APPEALS BOARD NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 14-1A-6 of the City of Dubuque Code of Ordinances is amended to read as follows: 14-1A-6: BUILDING CODE ADVISORY AND APPEAL BOARD: A. Board Created: There is hereby created the building code advisory and appeal board. B. Purpose: The purpose of the board is to review proposed code adoptions and amendments for recommendation to the City Council and to serve as an appeal body for the decisions of the code official. C. Internal Organization And Rules: The board may adopt rules and regulations to govern its organizational procedures as may be necessary and which are not in conflict with this code or the Iowa Code. D. Procedures For Operation: All administrative, personnel, accounting, budgetary, and procurement policies of the city govern the board in all its operations. E. Membership: 1. The board comprises seven (7) residents of the city, appointed by the city council. 2. Residents must be eighteen (18) years of age or older. 3. Special experience and training qualifications: a. One member must be a residential construction professional. b. One member must be a commercial construction professional. c. One member must be an electrical construction professional. d. One member must be a plumbing construction professional. e. One member must be a heating, ventilation, and air conditioning (HVAC) construction professional. f. Two (2) multidisciplinary representatives, which could be an architect, engi- neer, building designer, or general construction professional. 4. Alternates. Alternate representatives shall be appointed for the residential con- struction professional, commercial construction professional, electrical construc- tion professional, plumbing construction professional, and HVAC construction professional positions and shall be called upon to participate in the event of a conflict of interest or unavailability of the primary appointee. F. Oath: Each person, upon appointment or reappointment to the board, must exe- cute an oath of office at the first meeting of the board following the appointment or reappointment or at the City Clerk's Office any time prior to the first meeting of the board. G. Terms: The term of office for members of the board is three (3) years or until such member's successor is appointed and qualified. H. Vacancies: Vacancies must be filled in the same manner as original appoint- ments. I. Officers/Organization: The board must choose annually a Chairperson and Vice- Chairperson, each to serve a term of one (1) year. The code official or the code official’s designee shall serve as secretary of the board. The board must fill a va- cancy among its officers for the remainder of the officer's unexpired term. J. Meetings: 1. Regular Meetings: The board must meet upon the call of the Chairperson, the City Manager, or the City Manager’s designee. 2. Special Meetings: Special meetings may be called by the Chairperson or at the written request of a majority of the members. 3. Open Meetings: All meetings must be called and held in conformance with the Iowa Open Meetings Law. 4. Appeals: The board shall meet upon notice from the Chairman, within not less than ten (1) days and not more than ninety (90) days of the filing of an appeal, at stated periodic meetings, or at the written request of a majority of the members. 5. Attendance: a. In the event a member of the board has been absent for three (3) or more consecutive meetings of the board, without being excused by the Chairperson, such absence will be grounds for the board to recommend to the City Council that the position be declared vacant and a replacement appointed. b. Attendance must be entered upon the minutes of all meetings. 6. Minutes: A copy of the minutes of all regular and special meetings of the board must be filed with the City Council within ten (10) working days after each meet- ing, or by the next regularly scheduled City Council meeting, whichever is later. 7. Quorum: Four (4) members of the board must be in attendance to constitute a quorum for the transaction of business. An affirmative vote of a majority of the members present and voting is necessary for the adoption of any motion or res- olution. K. Compensation: Members serve without compensation, provided that they may receive reimbursement for necessary travel and other expenses while on official board business within the limits established in the City's administrative policies and budget. L. Removal: The City Council may remove any member for cause upon written charges and after a public hearing. M. Powers: The board has the following powers, duties, and responsibilities: 1. To review proposed code adoptions and amendments for recommendation to the City Council. 2. To serve as an appeal body for the decisions of the Code official based upon the codes adopted by the City under Title 14 of this code. 3. When hearing an appeal: a. The board may reverse or modify a decision of the code official only upon finding that: i. The true intent of the applicable code or the rules legally adopted there- under have been incorrectly interpreted by the Code official; or ii. The provisions of the applicable code do not fully apply; or iii. An equal or better form of construction has been proposed and is appr o- priate. b. The board shall require sufficient evidence or proof be submitted to sub- stantiate any claims that an equal or better form of construction is appropriate. c. order to make a finding that an equal or better form of construction is appro- priate the board must find the proposed material or method of construction is satisfactory for the use intended and complies with the provisions of this Code, and that the material, method, or work offered is, for the purpose intended, at least equivalent to that prescribed by this Code in suitability, strength, effec- tiveness, durability, fire resistance, and safety. d. All appeal hearings shall be conducted in acco rdance with the procedures specified in this Code. e. The board shall have no authority relative to int erpretation of the adminis- trative provisions of this Code nor shall the board be empowered to waive re- quirements of this Code. N. Application for Appeal: 1. Any person affected by a decision of the code official or a notice or order issued under this Code shall have the right to appeal, provided a written application for appeal is filed within twenty (20) days after the decision, notice, or order was served. 2. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equal or better form of con- struction is proposed. The board may find a proposed form of construction to be equal or better. O. Disqualification Of Member: A member shall not hear an appeal in which that member has a personal, professional, or financial interest. P. Postponed Hearing: Either the City or the appellant may request a postponement of a hearing subject to the approval of the Code Official. In no event may a post- ponement exceed ninety (90) days beyond the date of the appeal. Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this 7th day of December 2020. /s/Roy D. Buol, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 11th day of December 2020. /s/Adrienne N. Breitfelder, City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 45-20 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE D ELECTRICAL CODE, SECTION 14-1D-3 ELECTRICAL CODE BOARD NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 14-1D-3 of the City of Dubuque Code of Ordinances is amended to read as follows: 14-1D-3: ELECTRICAL CODE REVIEW AND APPEALS: SEE 14-1A-6. Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this 7th day of December 2020. /s/Roy D. Buol, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 11th day of December 2020. /s/Adrienne N. Breitfelder, City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 46-20 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE F MECHANICAL CODE, SECTION 14-1F-4 MECHANICAL AND PLUMBING CODE BOARD NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 14-1F-4 of the City of Dubuque Code of Ordinances is amended to read as follows: 14-1F-4: MECHANICAL CODE REVIEW AND APPEALS: SEE 14-1A-6 Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this 7th day of December 2020. /s/Roy D. Buol, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 11th day of December 2020. /s/Adrienne N. Breitfelder, City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 47-20 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE G FUEL GAS CODE, SECTION 14-1G-2 FUEL GAS CODE AMENDMENTS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 14-1G-2 of the City of Dubuque Code of Ordinances is amended to read as follows: 14-1G-2: FUEL GAS CODE AMENDMENTS: The following additions, deletions, modifications, or amendments of the International Fuel Gas Code, 2018 edition, adopted in section 14-1G-1 of this article to read as follows: Section 108.2 amended to read: Notice Of Violation. The code official shall serve a notice of violat ion or order to the person responsible for the erection, installation, alteration, extension, repair, re- moval, or demolition of work in violation of the provisions of this code, or in violation of a detailed statement or the approved construction documents thereunder, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abate- ment of the violation. A notice of violation is not required in every situation and city staff may issue a municipal infraction without previously issuing a notice of violation. Sections 109.1 through 109.7 replaced with the city of Dubuque Code of Ordinance section 14-1A-6. Section 202 General Definitions. Amendment to "building official" and inclusion of "code official": Building Official. See "Code Official". Code Official. The officer or other designated authority charged with the admin- istration and enforcement of this code, or a duly authorized representative. Any ref- erence to "building official" in this code refers to "code official". Sections 406.4.1 Test Pressure and 406.4.2 Test Duration are deleted and replaced with the following: The test pressure to be used shall be 15 psi for 15 minutes with a 30-psi gauge maximum one-pound increments on all-natural and LP fuel gas piping systems of 2 psi or less. For fuel piping systems greater than 2 psi the test pressure shall be 50 psi for 30 minutes with a 100-psi gauge maximum 2-pound increments. Appendix A - Adopt Appendix B - Adopt Appendix C - Adopt Appendix D - Do not adopt Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this 7th day of December 2020. /s/Roy D. Buol, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 11th day of December 2020. /s/Adrienne N. Breitfelder, City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 48-20 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE H PLUMBING CODE, SECTION 14-1H-7 MECHANICAL AND PLUMBING CODE BOARD NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 14-1H-7 of the City of Dubuque Code of Ordinances is amended to read as follows: 14-1H-7: PLUMBING CODE REVIEW AND APPEALS: SEE 14-1A-6. Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this 7th day of December 2020. /s/Roy D. Buol, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 11th day of December 2020. /s/Adrienne N. Breitfelder, City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 49-20 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE I ACCESSIBILITY CODE FOR READILY ACHIEVABLE CHANGES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Title 14, Chapter 1, Article I is amended by repealing Sectio n 14-1I-7 Sup- plemental Membership on Building Code and Advisory Appeals Board. Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this 7th day of December 2020. /s/Roy D. Buol, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 11th day of December 2020. /s/Adrienne N. Breitfelder, City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 50-20 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE J PROPERTY MAINTE- NANCE CODE, SECTION 14-1J-7 HOUSING BOARD OF APPEALS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 14-1J-7 of the City of Dubuque Code of Ordinances is amended to read as follows: 14-1J-7: HOUSING APPEALS AND MEDIATION BOARD: A. Board Created: There is hereby created the Housing Appeals and Mediation Board. B. Purpose: The purpose of the board is to hear appeals relative to repair deadlines and nuisance abatement orders, decisions, or determinations made by the code official and landlord/tenant disputes regarding property access, nuisance abatement, and rent abatement due to the failure of the responsible party to correct city code violations in a timely manner. C. Internal Organization and Rules: The board may adopt rules and regulations to govern its organizational procedures as may be necessary and which are not in conflict with this code or the Iowa Code. D. Procedures for Operation: All administrative, personnel, accounting, budgetary, and procurement policies of the city govern the board in all its operations. E. Membership: 1. The board comprises five (5) residents of the city, appointed by the city council. 2. Residents must be eighteen (18) years of age or older. 3. Special experience and training qualifications: The housing appeals and me- diation board shall be comprised of residents with an interest in fair and equitable housing with emphasis on balance of landlords, tenants, and other interested citi- zens. F. Oath: Each person, upon appointment or reappointment to the board, must exe- cute an oath of office at the first meeting of the board follow ing appointment or reap- pointment or the city clerk's office any time prior to the first meeting of the board fol- lowing the appointment or reappointment. G. Terms: The term of office for members of the board is three (3) years or until such member’s successor is appointed and qualified. H. Vacancies: Vacancies must be filled in the same man ner as original appoint- ments. I. Officers/Organization: The board must choose annually a chairperson and vice - chairperson, each to serve a term of one year. The code official or the code official’s designee is the secretary of the board. The board must fill a vacancy among its officers for the remainder of the officer's unexpired term. J. Meetings: 1. The board shall meet upon notice from the chairman, within not less than ten (1) days and not more than ninety (90) days of the filing of an appeal or a reque st for mediation, at stated periodic meetings, or at the written request of a majority of the members. 2. Attendance: a. In the event a member of the board has been absent for three (3) or more consecutive meetings of the board, without being excused by the chairperson, such absence will be grounds for the board to recommend to the city council that the position be declared vacant and a replacement appointed. b. Attendance must be entered upon the minutes of all meetings. 3. Minutes: A copy of the minutes of all regular and special meetings of the board must be filed with the city council within ten (1) working days after each meeting, or by the next regularly scheduled city council meeting, whichever is later. 4. Quorum: Three (3) members of the board must be in attendance to constitute a quorum for the transaction of business. An affirmative vote of a majority of the members present and voting is necessary for the adoption of any motion or resolu- tion. K. Compensation: Members serve without compensation, provided that they may receive reimbursement for necessary travel and other expenses while on official board business within the limits established in the city administrative policies and budget. L. Removal: The city council may remove any member for cause upon written charges and after a public hearing. M. Powers: 1. Repair Timeline Appeals: a. An appeal of repair deadlines shall be based on a claim that specific code violations cannot be corrected in the timeframe prescribed by the inspector. The board shall evaluate whether the violations can be corrected in the time frame prescribed by the inspector. The board may uphold the timeframe prescribed by the inspector or grant an extension of time not to exceed nine (9) months from the date of the notice of violation. b. In no event shall the board have the authority to amend the violation as determined by the inspector or wave requirements of this code. 2. Nuisance Abatement: a. An appeal of a nuisance abatement order shall be based on the claim that the true intent of Title 6, Chapter 4 and 8 related to rubbish and garbage have not been correctly interpreted or the provisions do not fully apply. The board may uphold the finding of a nuisance and ordered abatement, modify the deadline for nuisance abatement, or reverse the nuisance designation based on determina- tion that the condition is not a violation of the code. b. In no event shall the board have the authority to waive the requirements of this code. 3. Mediation: a. An application for mediation shall be based on the claim that either the land- lord or tenant have failed to fulfill their duties as required by the lease between the parties, the Iowa Code, or the city code. b. The City will work directly with magistrates within the Iowa District Court in and for Dubuque County to best serve the needs of the involved parties and en- courage building positive landlord tenant relationships for the betterment of the community during an eviction proceeding. c. The board will hear all issues related to the requested mediation, ask ques- tions necessary to develop a full understanding of the issues, guide participants to develop mutually agreeable solutions, and assist in recording binding writt en agreements between the parties. Failure to resolve issues in mediation will result in a referral to the appropriate jurisdictional authority (court) along with a copy of the mediation record and any exhibits or evidence provided by parties of the mediation. 4. All appeal hearings shall be conducted in accordance with the procedu res specified in this Code. N. Application For Appeal: 1. Any person affected by a nuisance abatement order or repair timeline decision of the code official shall have the right to appeal to the housing appeals and media- tion board, provided a written application for appeal is filed within twenty (20) days after the day the decision, notice, or order was served and prior to the deadline on the notice. 2. An application for appeal shall dispute the timeline necessary to complete re- pair or the designation of a condition as a nuisance. O. Disqualification Of Member: A member shall not hear an appeal in which that member has a personal, professional, or financial interest. P. Postponed Hearing: Either the City, the party appealing, or a mediation partici- pant may request a postponement of a proceeding subject to the approval of the Code official. In no event may a postponement exceed ninety (90) days beyond the date of the appeal. Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this 7th day of December 2020. /s/Roy D. Buol, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 11th day of December 2020. /s/Adrienne N. Breitfelder, City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 51-20 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE K INTERNATIONAL EX- ISTING BUILDING CODE, SECTION 14-1K-2 INTERNATIONAL EXISTING BUILDING CODE AMENDMENTS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 14-1K-2 of the City of Dubuque Code of Ordinances is amended to read as follows: 14-1K-2: INTERNATIONAL EXISTING BUILDING CODE AMENDMENTS: The following additions, deletions, modifications, or amendments of the International Existing Building Code, 2018 edition, adopted in section 14-1K-1 of this article to read as follows: Section 101.1 Title. Insert: City of Dubuque Section 112 Board of Appeals. Replace with: See 14-1A-6. Section 505.3 Replacement window emergency escape and rescue opening. Amended to read: Section 505.3 Replacement window emergency escape and rescue opening. Where windows are required to provide emergency escape and rescue openings in Group R-2 and R-3 occupancies and one- and two-family dwellings and townhouses regulated by the International Residential Code, replacement windows shall be ex- empt from the requirements of Sections 1030.2, 1030.3 and 1030.4 of the Interna- tional Building Code and Sections R310.2.1, R310.2.2 and R310.2.3 of the Interna- tional Residential Code, provided that the replacement window meets the following conditions: 1. The replacement window is the manufacturer's largest size window that will fit within the existing rough opening. The replacement window shall be permitted to be of the same operating style as the existing window or a style that provides for an equal or greater window opening area than the existing window. Section 702.5 Replacement window emergency escape and res cue opening. Amended to read: Section 702.5 Replacement window emergency escape and rescue opening. Where windows are required to provide emergency escape and rescue openings in Group R-2 and R-3 occupancies and one- and two-family dwellings and townhouses regulated by the International Residential Code, replacement windows shall be ex- empt from the requirements of Sections 1030.2, 1030.3 and 1030.4 of the Interna- tional Building Code and Sections R310.2.1, R310.2.2 and R310.2.3 of the Interna- tional Residential Code, provided that the replacement window meets the following conditions: 1. The replacement window is the manufacturer's largest size window that will fit within the existing rough opening. The replacement window shall be permitted to be of the same operating style as the existing window or a style that provides for an equal or greater window opening area than the existing window. Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this 7th day of December 2020. /s/Roy D. Buol, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 11th day of December 2020. /s/Adrienne N. Breitfelder, City Clerk 4. Request to Schedule Work Session on Equitable Poverty Prevention Plan: City Man- ager requested that the City Council schedule a work session for Wednesday, December 16, 2020, at 6:30 p.m. for a presentation of the Equitable Poverty Prevention Plan. Motion by Cavanagh to receive and file the documents and schedule the work session as rec- ommended. Seconded by Sprank. No schedule conflicts were noted. Motion carried 7 -0. 5. Request to Schedule Work Session on Building Services Department Changes : City Manager requested that the City Council schedule a work session for Monday, December 21, 2020 at 5:30 p.m. for a report on changes to the Building Services Department. Motion by Roussell to receive and file the documents and schedule the work session a s recom- mended. Seconded by Jones. No schedule conflicts were noted. Motion carried 7-0. 6. Request to Schedule Work Session on Travel Dubuque Update : City Manager re- quested that the City Council schedule a work session for Monday, February 15, 2021, at 6:00 p.m. for the Travel Dubuque update . Motion by Lynch to receive and file the docu- ments and schedule the work session as recommended. Seconded by Resnick. No schedule conflicts were noted. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Roussell reported on attending a National League of Cities Confer- ence, where she had the opportunity to discuss issues with Mayors and Councils across the country. Ms. Roussell has recently joined the Iowa League of Cities Legislative Policy Committee. Ms. Roussell also reported on judging the American Legion High School Or- atorical Competition and was impressed with the students who participated from our local high schools. Council Member Sprank reported on volunteering with the Dubuque Area Labor Har- vest. Mr. Sprank stated that the organization’s monthly food giveaway is this Saturday, December 12th. Mr. Sprank also thanked City staff for their assistance in redirecting traffic during previous drive thru giveaways. There being no further business, Mayor Buol d eclared the meeting adjourned at 8:42 p.m. /s/Adrienne N. Breitfelder, City Clerk