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12 20 21 City Council Proceedings Official_Special and Regular1 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:30 p.m. on December 20, 2021, in the second-floor Council Chambers of the Historic Federal Building, 350 W. 6 th Street. Present: Mayor Buol; Council Members Cavanagh, Farber, Jones, 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 the Central Avenue Corridor Streetscape Master Plan. WORK SESSION Central Avenue Corridor Streetscape Master Plan Economic Development Director Jill Connors introduced Ryan Peterson, Senior Partner of RDG Planning & Design, who made a presentation Topics included: • Background: Project Timeline • Public Input: Engagement Strategy • Emerging Themes • Regional Opportunities Diagram • Streetscape Vision • Next Steps Mr. Peterson responded to questions from the City Council regarding feedback from area businesses, the recommended width for parking spaces, the square footage dedicated to planting trees, and how the plan will incorporate various traffic scenarios. City Manager Van Milligen and Ms. Connors responded to questions regarding the proposed timeline of the traffic study and project. City Council discussed the need for 2-way traffic based on public input and potential traffic patterns in the future. There being no further business, Mayor Buol declared the meeting adjourned at 6:18 p.m. /s/Adrienne N. Breitfelder City Clerk 2 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 20, 2021, in the second-floor Council Chambers of the Historic Federal Building, 350 W. 6 th Street. Present: Mayor Buol; Council Members Cavanagh, Farber , Jones, 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 come before the City Council. PLEDGE OF ALLEGIANCE PRESENTATION(S) 1. Recognition of Mayor Roy D. Buol: City Council Members and city staff recognized outgoing Mayor Roy D. Buol for over 26 years of public service. Recognition items were as follows: 1. Mayor Pro Tem Sprank read a proclamation recognizing December 20th, 2021, as Roy D. Buol Day. 2. Colin Wellenkamp, Executive Director of Mississippi River Cities and Towns Initiative (MRCTI), virtually shared remarks about Mayor Buol’s leadership with the MRCTI. 3. City Council members individually shared remarks about Mayor Buol. 4. Sustainable Communities Coordinator Gina Bell presented climate action pledge cards signed by residents in honor of Mayor Buol’s sustainability initiatives 5. Media Services presented a tribute video CONSENT ITEMS Motion by Resnick to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Farber. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council Proceedings of 12/06; Cable TV Commission of 12/8; Civil Service Commission of 11/4 and 12/7; Housing Commission of 9/28 and 12/14; Zoning Advisory Commission of 12/1; Zoning Board of Adjustment of 11/18; Proof of publication for City Council Proceedings of 11/15; Proof of publication for List of Claims and Summary of Revenues for Month Ending 10/31. Upon motion the documents were received and filed. 2. 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. 427-21 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 was adopted. RESOLUTION NO. 427-21 3 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 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 been determined to have been requisitioned for a lawful municipal purpose; and Whereas, the Finance Director-City Treasurer has provided a list of Expenditures attached 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 municipal code requirements as requested by designated requisitioning authorities in accordance with approved budget appropriations. 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 disbursements to the City Council, and to publish a summary thereof. Passed, approved, and adopted this 20th day of December, 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Termination of Grant Agreement Between City of Dubuque and K&L Leasing, LLC. for the Rehabilitation of 701 Bluff Street: City Manager recommended approval of a Termination Agreement with K&L Leasing, LLC. for the rehabilitation of 701 Bluff Street. Upon motion the documents were received and filed, and Resolution N o. 428-21 Approving the Termination Agreement and Release Terminating the Grant Agreement by and between the City of Dubuque, Iowa and K&L Leasing, LLC was adopted. RESOLUTION NO. 428-21 APPROVING THE TERMINATION AGREEMENT AND RELEASE TERMINATINGTHE GRANT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND K&L LEASING, LLC. Whereas, the City of Dubuque and K&L Leasing, LLC. entered into a Grant Agreement dated for reference purposes the 19th day of October, 2020, as amended (the Grant Agreement) for property at 701 Bluff Street, legally described as follows: Tract II: Lot 1 of the Subdivision of Lot 3 of the Subdivision of Out Lot 653A: and Lot 1 of the Subdivision of Lot 2 of the Subdivision of Lot 2 of the Subdivision of Out Lot 653 in the City of Dubuque, Iowa, according to the recorded plats thereof. ; and Whereas, City and K&L Leasing, LLC. now desire to terminate the Grant Agreement on the terms and conditions set forth in the Termination Agreement and Release between the City of Dubuque, Iowa and K&L Leasing, LLC., attached hereto. 4 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Termination Agreement and Release Between the City of Dubuque, Iowa and K&L Leasing, LLC. is hereby approved. Section 2. The Mayor is hereby authorized and directed to sign the Termination Agreement and Release on behalf of the City of Dubuque. Section 3. The City Manager is authorized to take such actions as are necessary to comply with the terms of the Termination Agreement and Release as herein approved. Passed, approved and adopted this 20th day of December, 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 4. Association of Food & Drug Officials (AFDO) Grant: City Manager recommended approval of a $1,082 Association of Food & Drug Officials Grant for a data logging thermometer to be used on inspections to verify cooling times and temperatures as well as cooling rates to aid in determining if food needs to be destroyed of if food can be rapidly co oled to meet cooling requirements. Upon motion the documents were received, filed, and approved. 5. Intent to Apply for AIB/CN EcoConnexions From the Ground Up : City Manager recommended approval to apply for an AIB/CN EcoConnexions From the Ground Up gran t in the amount of $25,000. Upon motion the documents were received, filed, and approved. 6. Letter of Support for Four Mounds 2022 Employer Innovation Fund Future Ready Iowa Grant Application: City Manager provided a copy of a letter of support of Four Mounds as a potential recipient of the 2022 Employer Innovation Fund Future Ready Iowa Grant. Upon motion the documents were received and filed. 7. Intent to Apply for Volunteer DBQ 2022 - Volunteer Generation Fund Continuation Grant: City Manager recommended approval to apply for a Volunteer DBQ 2022 – Volunteer Generation Fund Continuation Grant in the amount of $29,799. Upon motion the documents were received, filed, and approved. 8. Public, Educational, and Government (PEG) Fund Expenditure for Dubuque County Historical Society: City Manager recommended approval of the Cable TV Commission recommendation for funding from the Public, Educational, and Government (PEG) Capital Grant for Access Equipment and Facilities in the amount of $16,153 for Dubuque County Historical Society for equipment to produce high-quality videos and educational programming at the National Mississippi River Museum & Aquarium campus. Upon motion the documents were received, filed, and approved. 9. Voucher Payment Standard (VPS) Increase for HUD-Veteran Affairs Supportive Housing (VASH) Program: City Manager recommended approval of the adoption of an increase in Voucher Payment Standards (VPS) for the HUD Veteran Affairs Supportive Housing (VASH) Program in the City of Dubuque. Upon motion the documents were received and filed, and Resolution No. 429-21 Approving the increase in voucher payment standards for the HUD- VASH Program in the City of Dubuque was adopted. RESOLUTION NO. 429-21 APPROVING THE INCREASE IN VOUCHER PAYMENT STANDARDS FOR THE HUD-VASH PROGRAM IN THE CITY OF DUBQUE 5 Whereas, the City of Dubuque is designated as a Public Housing Authority; and Whereas, the City of Dubuque maintains a Voucher Payment Standards for the HUD-VASH Program; and Whereas, the City of Dubuque desires to revise said Voucher Payment Standards for the HUD-VASH Program; and Whereas, the Housing Commission held a public meeting to review the increase in proposed Voucher Payment Standards; and Whereas, on December 14, 2021, the Housing Commission approved and recommended City Council adoption of the revised Voucher Payment Standards for the HUD-VASH Program; and Whereas, the Housing & Community Development Department will implement the revised Voucher Payment Standards for the HUD-VASH Program beginning January 1, 2022, after City Council approval. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Public Housing Authority (PHA) has revised the Voucher Payment Standards for the HUD-VASH Program run by the City of Dubuque PHA and the City Council has approved adoption of the increase in the Voucher Payment Standards for the HUD-VASH Program. Section 2. The City Council has adopted the increase in the Voucher Payment Standards for the HUD-VASH Program. Section 3. The Housing & Community Development Staff is hereby directed to implement the revised Voucher Payment Standards for the HUD-VASH Program effective January 1, 2022. Passed, approved, and adopted this 20th day of December 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 10. Iowa Finance Authority Website to Support Housing Opportunities and Resources : Correspondence from the Iowa Finance Authority regarding the welcomehomeia.c om website, which provides opportunities and resources to support housing in Iowa. Upon motion the documents were received and filed. 11. Property Assessment Appeal Board Ruling, Dan Nadermann v. City Board of Review : Senior Counsel transmitted a ruling from the Property Assessment Appeal Board affirming the Board of Review's January 1, 2021, assessment of the Nadermann property. Upon motion the documents were received and filed. 12. Agreement Between the City of Dubuque and ITC Midwest, LLC to Operate an Electric Transmission System in the City of Dubuque : Senior Counsel recommended adoption of a resolution approving the Agreement authorizing ITC Midwest, LLC to operate an electric transmission system in the City of Dubuque until the franchise agreement takes effect but not later than March 1, 2022. Upon motion the documents were received and filed, and Resolution No. 430-21 Approving an agreement between the City of Dubuque and ITC Midwest, LLC to operate an electric transmission system in the City of Dubuque was adopted. RESOLUTION NO. 430-21 APPROVING AN AGREEMENT BETWEEN THE CITY OF DUBUQUE AND ITC MIDWEST, LLC TO OPERATE AN ELECTRIC TRANSMISSION SYSTEM IN THE CITY OF DUBUQUE Whereas, the City of Dubuque, Iowa (City) and ITC Midwest, LLC (ITC Midwest) have tentatively entered into an Agreement for the operation of an electric transmission system in the City of Dubuque until such time as City and ITC Midwest finalize a franchise agreement to 6 operate the system; and Whereas, the City Council finds that it is in the best interests of the City of Dubuque to approve the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The attached Agreement is hereby approved. Section 2. The City Manager is authorized and directed to sign the Agreement on behalf of the City of Dubuque. Passed, approved and adopted this 20th day of December, 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 13. Amended Iowa Tourism Grant Agreement for Execution: City Manager recommended approval of an amended agreement for the Iowa Tourism Grant Program from the Iowa Economic Development Authority / Iowa Tourism grant. Upon motion the documents were received, filed, and approved. 14. Request Release of Request for Proposals for the Blac k Heritage Survey: City Manager recommended approval to release a Request for Proposals for the Black Heritage Survey. Upon motion the documents were received, filed, and approved. 15. Pre-Annexation Agreement - Wwb Investments, LC: City Manager recommended approval of a Pre-Annexation Agreement with Wwb Investments, LC, property owner of 10426 Stonewood Drive in Dubuque County, in conjunction with their request to connect to City water. Upon motion the documents were received and filed, and Resolution No. 431-21 Approving a Pre-Annexation Agreement between the City of Dubuque, Iowa and Wwb Investments LC was adopted. RESOLUTION NO. 431-21 APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND WWB INVESTMENTS LC Whereas, Wwb Investments LC, the owner of the following described property located at 10426 Stonewood Drive 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 5 of Tamarack S.E. Fourth Subdivision, in Table Mound Township, Dubuque County, Iowa, according to the recorded plat thereof Whereas, Wwb Investments LC has entered into a Pre-annexation Agreement with the City of Dubuque, a copy of which is attached hereto governing the future annexation 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 efficient and cost-effective extension of municipal services; 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: 7 Section 1. The Pre-annexation Agreement by and between Wwb Investments LC and the City of Dubuque is hereby approved. Passed, approved and adopted this 20th day of December 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 16. Pre-Annexation Agreement - Mulgrew Oil Company: City Manager recommended approval of a Pre-Annexation Agreement with Mulgrew Oil Company, property owner of 10314 Silverwood Drive in Dubuque County, in conjunction with their request to connect to City water. Upon motion the documents were received and filed, and Resolution No. 432 -21 Approving a Pre-Annexation Agreement between the City of Dubuque, Iowa and Mulgrew Oil Company was adopted. RESOLUTION NO. 432-21 APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND MULGREW OIL COMPANY Whereas, Mulgrew Oil Company, the owner of the following described property located at 10314 Silverwood Drive 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 6 and Lot 7 of Tamarack S.E. Fourth Subdivision, in Table Mound Township, Dubuque County, Iowa, according to the recorded plat thereof Whereas, Mulgrew Oil Company has entered into a Pre-annexation Agreement with the City of Dubuque, a copy of which is attached hereto governing the future annexation 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 efficient and cost-effective extension of municipal services; 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 Mulgrew Oil Company and the City of Dubuque is hereby approved. Passed, approved and adopted this 20th day of December 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 17. Pre-Annexation Agreement - Elizabeth Reuter 2018 Revocable Trust: City Manager recommended approval of a Pre-Annexation Agreement with Elizabeth Reuter 2018 Revocable Trust Agreement, property owner of 10495 Key West Drive, Dubuque County, in conjunction with a request for approval of a Plat of Survey. Upon motion the documents were received and filed, and Resolution No. 433-21 Approving a Pre-Annexation Agreement between the City of Dubuque, Iowa and Elizabeth Reuter 2018 Revocable Trust Agreement was adopted. RESOLUTION NO. 433-21 8 APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND ELIZABETH REUTER 2018 REVOCABLE TRUST AGREEMENT Whereas, Elizabeth Reuter 2018 Revocable Trust Agreement, the owner of the following described property located at 10495 Key West Drive 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: SE ¼ of the NE ¼, Section 11, T.88N, R.2E. of the 5th P.M., and Lot 4 of Key West in Dubuque County, Iowa Whereas, Elizabeth Reuter 2018 Revocable Trust Agreement has entered into a Pre- annexation Agreement with the City of Dubuque, a copy of which is attached hereto governing the future annexation 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 efficient and cost-effective extension of municipal services; 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 Elizabeth Reuter 2018 Revocable Trust Agreement and the City of Dubuque is hereby approved. Passed, approved and adopted this 20th day of December 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 18. Pre-Annexation Agreement - Donald R. and Barbara K. Preston: City Manager recommended approval of a Pre-Annexation Agreement with Donald R. and Barbara K. Preston, property owners of 9610 Monticello Drive in Dubuque County, in conjunction with their request to connect to City water. Upon motion the documents were received and filed, and Resolution No. 434-21 Approving a Pre-Annexation Agreement between the City of Dubuque, Iowa and Donald R and Barbara K Preston was adopted. RESOLUTION NO. 434-21 APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND DONALD R AND BARBARA K PRESTON Whereas, Donald R and Barbara K Preston, the owners of the following described property located at 9610 Monticello Drive 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 7 in “Kerrigan Road Heights” in Table Mound Township, Dubuque County, Iowa, according to the recorded plat thereof Whereas, Donald R and Barbara K Preston have entered into a Pre-annexation Agreement with the City of Dubuque, a copy of which is attached hereto governing the future annexation 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 9 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 efficient and cost-effective extension of municipal services; 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 Donald R and Barbara K Preston and the City of Dubuque is hereby approved. Passed, approved and adopted this 20th day of December 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 19. Signed Contract(s): Dubuque Plumbing and Heating for the Westside Water Meter Improvement Project; Deere & Company for Parking License Agreement. Upon motion the documents were received and filed. 20. Bee Branch Watershed Flood Mitigation Project Newsletter: December 2021 Issue: City Manager provided a copy of the December 2021 issue of the Bee Branch Watershed Flood Mitigation Project Newsletter. Upon motion the documents were received and filed. 21. Tiffany Court - Lead Mine Sinkhole Remediation Project: Amendment to Cooperative 28E Agreement with State of Iowa: City Manager recommended approval for the Mayor to execute an Amendment to the Cooperative 28E Agreement to revise the agreement end date to June 30, 2022. Upon motion the documents were received and filed, and Resolution No. 435 -21 Approving an amendment to the Cooperative 28E Agreement with the Iowa Department of Agriculture and Land Stewardship for a project to remediate and mitigate the lead mi ne sinkhole subsidence at 2784 and 2792 Tiffany Court was adopted. RESOLUTION NO. 435-21 APPROVING AN AMENDMENT TO THE COOPERATIVE 28E AGREEMENT WITH THE IOWA DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP FOR A PROJECT TO REMEDIATE AND MITIGATE THE LEAD MINE SINKHOLE SUBSIDENCE AT 2784 AND 2792 TIFFANY COURT Whereas, on May 17, 2021, the Mayor and City Council approved and executed a Cooperative 28E Agreement (Resolution 175-21) between Iowa Department of Agriculture and Land Stewardship (IDALS) and the City of Dubuque to remediate the lead mine sinkhole subsidence that developed at 2784 and 2792 Tiffany Court; and Whereas, the Cooperative 28E Agreement had an agreement end date of December 31, 2021; and Whereas, IDALS and the City wish to Amend said Agreement to revise the agreement end date to June 30, 2022; and Whereas, all other terms and conditions of the Cooperative 28E Agreement remain unchanged. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, THAT: SECTION 1. That the Amendment to the Cooperative 28E Agreement to remediate and mitigate the lead mine sinkhole subsidence at 2784 and 2792 Tiffany Court is hereby approved. SECTION 2. That the Mayor be authorized and directed to execute said Amendment to the Cooperative 28E Agreement. Passed, approved and adopted this 20th day of December 2021. 10 Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 22. Northwest Arterial - State of Good Repair Project: Approve Federal-Aid SWAP Funding Agreement - Iowa DOT Agreement No. 6-21-STBG-SWAP-021: City Manager recommended approval and authorization for the Mayor to execute a Federal-Aid SWAP Funding Agreement with the Iowa Department of Transportation (Iowa DOT) for the Northwest Arterial - State of Good Repair Project. Upon motion the documents were received and filed, and Resolution No. 436-21 Approving a Federal-Aid Swap Funding Agreement (6-21-STBG-SWAP-021) with the Iowa Department of Transportation for the Northwest Arterial - State of Good Repair Project was adopted. RESOLUTION NO. 436-21 APPROVING A FEDERAL-AID SWAP FUNDING AGREEMENT (6-21-STBG-SWAP-021) WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR THE NORTHWEST ARTERIAL - STATE OF GOOD REPAIR PROJECT Whereas, Dubuque County was awarded a BUILD Grant to make capacity and safety improvements to John Deere Road; and Whereas, the Northwest Arterial - State of Good Repair Project component was added to the BUILD grant project because it is a critical freight route that connects to South John Deere Road ; and Whereas, The Northwest Arterial - State of Good Repair Project will also provide the non - federal local match to the Dubuque County BUILD Grant ; and Whereas, effective January 29, 2021, the Transfer of Jurisdiction of the Northwest Arterial was completed from the State of Iowa to the City as part of the Southwest Arterial project ; and Whereas, as part of the roadway transfer, the Iowa DOT has issued a state of good repair payment to the City to complete pavement rehabilitation and reconstruction of the Northwest Arterial; and Whereas, the City will be utilizing both state of good repair payment funds and STBG Federal- aid Swap funds to complete pavement rehabilitation and reconstruction of the Northwest Arterial from US20 to JF Kennedy Road. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, THAT: Section 1. That said Federal-Aid SWAP Funding Agreement (Agreement No. 6-21-STBG- SWAP-021) with the Iowa Department of Transportation for the Northwest Arterial - State of Good Repair Project is hereby approved. Section 2. That the Mayor be authorized and directed to execute the Federal-Aid SWAP Funding Agreement (Agreement No. 6-21-STBG-SWAP-021) with the Iowa Department of Transportation. Passed, approved and adopted this 20th day of December 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 23. Old Mill Road Lift Station and Force Main Project, Engineering Services: City Manager recommended approval to negotiate a contract with Strand Associates with an estimated cost between $700,000 and $900,000 for engineering services related to the Old Mill Road Lift Station and Force Main Project. Upon motion the documents were received, filed, and approved. 24. Iowa Department of Transportation HMA Crack Filling Project : Correspondence from Jesse Tibodeau, Assistant District Engineer for the Iowa Department of Transportation, notifying 11 the City Council of a HMA Crack Filling project on US 151 from Cascade to US 61. Upon motion the documents were received and filed. 25. Acceptance of Public Parking Lot Improvements in the City of Dubuque, Iowa : City Manager recommended acceptance of the public improvements that the developer, 210 Jones, LLC, has recently completed, being a 12 -lot surface parking lot with landscaping, irrigation and lighting along Jones Street, in the City of Dubuque, Iowa. Upon motion the documents were received and filed, and Resolution No. 437-21 Accepting public parking lot improvements on Jones Street in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 437-21 ACCEPTING PUBLIC PARKING LOT IMPROVEMENTS ON JONES STREET IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to a Development Agreement dated June 19, 2017, approved by Resolution Number 223-17, a copy of which is attached hereto, certain public improvements including a twelve-lot surface parking lot with landscaping, irrigation, and lighting, were installed by 210 Jones, LLC along Jones Street in Dubuque, Iowa; and Whereas, the improvements have been completed and the City Manager has examined the work and has filed a certificate stating that the same has been completed in accordance with the plans approved by the City Council and in conformance with City specifications, and has recommended that the improvements be accepted by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said public improvements along Jones Street in the City of Dubuque, Iowa, be and the same is hereby accepted. Section 2. That per the Development Agreement Section 2.2 (1) (e) the Developer shall maintain all landscaping and irrigation for one (1) year from the date of this resolution. Passed, approved, and adopted this 20th day of December 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 26. Wood Street Sanitary / Water Project: City Manager recommended acceptance of the construction contract for the Wood Street Sanitary / Water Project, as completed by Temperley Excavating, in the final contract amount of $72,531.50, which is a 3.6% increase over the original contract amount of $69,984.50 due to additional asphalt pavement required to stabilize the street. Upon motion the documents were received and filed, and Resolution No. 438-21 Accepting the Wood Street Sanitary / Water Project and authorizing the payment to the contractor was adopted. RESOLUTION NO. 438-21 ACCEPTING THE WOOD STREET SANITARY / WATER PROJECT AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the Wood Street Sanitary / Water Project, (the Project) has been completed by the Contractor, Temperley Excavating, Inc. of East Dubuque, Illinois (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 $72,531.50; and Whereas, the Contractor has previously been paid $68,904.92, leaving a balance of $3,626.58; and 12 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 $3,626.58 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 20th day of December 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF WOOD STREET SANITARY / WATER PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Wood Street Sanitary / Water Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total project cost of the completed work is $79,784.60. Dated this 10th day of December 2021. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 10th day of December 2021. /s/Adrienne N. Breitfelder, City Clerk 27. 2021 Airport Parking Lot Resurfacing Project: City Manager recommended acceptance of the construction contract for the 2021 Airport Parking Lot Resurfacing Project, as completed by River City Paving, in the final contract amount of $117,061.62, which is a 0.6% increase over the original contract amount of $116,316.31 due to additional milling and paving quantities required. Upon motion the documents were received and filed, and Resolution No. 439 -21 Accepting the 2021 Airport Parking Lot Resurfacing Project and authorizing the final payment to the contractor was adopted. RESOLUTION NO. 439-21 ACCEPTING THE 2021 AIRPORT PARKING LOT RESURFACING PROJECT AND AUTHORIZING THE FINAL PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the 2021 Airport Parking Lot Resurfacing Project, (the Project) has been completed by the Contractor, River City Paving (Contractor), and the City Engineer has examined the work and signed 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 Whereas, the final contract amount for the Project is $117,061.62; and Whereas, the Contractor has previously been paid $111,208.54, leaving a balance of $5,853.08; and Whereas, the City Council finds that the recommendation of the City Eng ineer 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 from the Airport 13 Asphalt Repair appropriations for the contract amount of $117,061.62 less any retained percentage provided for therein as provided in Iowa Code. Section 3. The Finance Director is hereby directed to pay to the Contractor the balance of the retainage of $5,853.08 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 20th day of December 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF 2021 AIRPORT PARKING LOT RESURFACING PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the 2021 Airport Parking Lot Resurfacing Project, and that said Project has been performed in compliance with the terms of the Public Improvement Contract, and t hat the total cost of the completed work is $128,767.79. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 10th day of December 2021. /s/Adrienne N. Breitfelder, City Clerk 28. Acceptance of Multicultural Family Center (MFC) Expansion and Renovation Project : City Manager recommended acceptance of the construction contract for the Multicultural Family Center Expansion and Renovation Project, as completed by Sheets Design Build, L LC, in the final contract amount of $1,280,840.53, which is a 9% increase from the original contract amount of $1,177,000.00. Upon motion the documents were received and filed, and Resolution No. 440- 21 Accepting the Multicultural Family Center Expansion and Renovation Project and authorizing the payment to the contractor was adopted. RESOLUTION NO. 440-21 ACCEPTING THE MULTICULTURAL FAMILY CENTER EXPANSION AND RENOVATION PROJECT AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the Multicultural Family Center Expansion and Renovation Project, (the Project) has been completed by the Contractor, Sheets Design Build, LLC of Maquoketa, Iowa (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 $1,280,840.53; and Whereas, the Contractor has previously been paid $1,280,840.53, leaving a balance of $0.00; 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 $0.00 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 20th day of December 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 14 CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF MULTICULTURAL FAMILY CENTER EXPANSION AND RENOVATION PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Multicultural Family Center Expansion and Renovation Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total project cost of the completed work is $1,280,840.53. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 10th day of December 2021. /s/Adrienne N. Breitfelder, City Clerk 29. Civil Service Commission - Certified Lists: Civil Service Commission submitted certified lists for the positions of Firefighter/Paramedic, Medical Officer, Police Captain , and Police Corporal. Upon motion the documents were received, filed and made a Matter of Record. December 7, 2021 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Firefighter/Paramedic was administered on October 23,2021. We hereby certify that the individuals listed below have passed this written examination and the vacancy for this position should be made from this list and that this list is good for twelve (12) months from the above date. FIREFIGHTER/PARAMEDIC 1. Luke Hartmann, 2. Zachary Colvin, 3. Christopher Read, 4. Austin Schmit, 5. Dustin Bartels, 6. Jacob Fiedler, 7. Andrew Accacian, 8. Ellen Motsch, 9. Seth Rodriguez Whalen, 10. Michael Behn, 11. Cody Udelhoven, 12. Caitlin Kaiser,13. Mitchell Berendes Respectfully submitted, /s/Phil Baskerville, Civil Service Commissioner December 7, 2021 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Medical Officer was administered on November 3, 2021. We hereby certify that the individuals listed below have passed this written examination and the vacancy for this position should be filled from this list and that this list is good for two (2) years from above date. MEDICAL OFFICER 1. Andrew Morgan Respectfully submitted, /s/Phil Baskerville, Civil Service Commissioner December 7, 2021 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, a promotional examination for the position of Police Captain was administered on November 10, 2021. I hereby certify that the individuals listed below have passed the examination process and any vacancy for this position should be made from this list. This list is good for a period of (2) two years from the above date. POLICE CAPTAIN 1. Brandon Bauer, 2. Luke Bock, 3. Bruce Deutsch, 4. Richard Fullmer, 5. Isaiah Hoff, 6. Jay Morrissette, 7. John Pace, 8. Brad Shannon, 9. David Welsh 15 Respectfully submitted, /s/Phil Baskerville, Civil Service Commissioner December 7, 2021 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, a promotional examination for the position of Police Corporal was administered on November 10, 2021. I hereby certify that the individuals listed below have passed the examination process and any vacancy for this position should be made from this list. This list is good for a period of (2) two years from the above date. POLICE CORPORAL 1. Chad Crabill, 2. Dane Cox, 3. Justin Dura, 4. Kane Hoffmann, 5. Matthew Levin, 6. Gary Pape, 7. Austin Weitz Respectfully submitted, /s/Phil Baskerville, Civil Service Commissioner 30. Liquor License Renewals: City Manager recommended approval of annual beer, liquor and wine licenses as submitted. Upon motion the documents were received and filed, and Resolution No. 441-21 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 Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 441-21 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 CONTROL, ARTICLE B LIQUOR, BEER AND WINE LICENSES AND PERMITS W hereas, applications for Beer, Liquor, and or W ine Permits have been submitted and filed with the City Council for approval, and the same have been examined, provisionally approved, and/or approved; and W hereas, 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, IOW A THAT: Renewals Beecher Liquor, 1691 Asbury Rd. Steve's Ace Home & Garden, 3350 J.F. Kennedy Blvd. Holiday Inn Dubuque Five Flags, 450 Main St. The Moracco, 1413 Rockdale Rd. New Application Pitstop Carryout, 1735 Central Ave. 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: Passed, approved, and adopted this 20th day of December 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk ITEMS SET FOR PUBLIC HEARING 16 Motion by Jones to receive and file the documents, adopt the resolutions, and set the public hearings as indicated. Seconded by Sprank. Motion carried 7-0. 1. Recommendation to Set for Public Hearing an Amended Lease with the Dubuque Racing Association: City Manager and City Attorney recommended that an amended lease with the Dubuque Racing Association be placed on the January 3, 2022 City Council Agenda for a public hearing. Upon motion the documents were received and filed, and Resolution No. 442 -21 Intent to dispose of an interest in real property owned by the City of Dubuque by lease between the City of Dubuque, Iowa and Dubuque Racing Association, Ltd was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on January 3, 2022, in the Historic Federal Building. RESOLUTION NO. 442-21 INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY OWNED BY THE CITY OF DUBUQUE BY LEASE BETWEEN THE CITY OF DUBUQUE, IOWA AND DUBUQUE RACING ASSOCIATION, LTD Whereas, the City of Dubuque, Iowa (City) is the owner of the real property legally described on Exhibit A and B attached hereto; and Whereas, City and Dubuque Racing Association, Ltd. have tentatively agreed to the Second Amended and Restated Lease Agreement, a copy of which is now on file at the Office of the City Clerk, City Hall, 50 W. 13th St., Dubuque, IA 52001, for a lease of the real property which among other things, provides for a term through December 31, 2036; and Whereas, the City Council believes it is in the best interest of the City of Dubuque to approve the Second Amended and Restated Lease Agreement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque intends to dispose of its interest in the foregoing -described real property by the Second Amended and Restated Lease Agreement between City and Dubuque Racing Association. Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on t he City’s intent to dispose of the foregoing-described real property by lease, to be held on the 3rd day of January, 2022, at 6:30 o’clock p.m. at the Historic Federal Building, Council Chambers, 350 W. 6th Street, Dubuque, Iowa. Passed, approved and adopted this 20th day of December, 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk BOARDS/COMMISSIONS 1. Boards and Commission Appointments: Appointments were made to the following boards/commissions. A. Civic Center Advisory Commission: One, 3-Year term through June 29, 2022 (Vacant term of Huff). Applicants: Brenda Christner, 655 Florence St.; Peter Gael, 2021 Ellen St. (Additional Applicant). Upon roll call vote, Ms. Christner was appointed to the three-year term through June 29, 2022. Mr. Gael received 1 vote (Farber), and Ms. Christner received the remaining 6 votes. 17 B. Historic Preservation Commission: One, 3-Year term through July 1, 2022 (Interim Jackson Park term of Reber) Applicant: Janice Esser, 1072 Locust St. – Qualifies for Jackson Park District. This commission is subject to the State of Iowa Gender Balance Law. 9 Commissioners total; currently 5 males/2 females/2 opening. Motion by Jones to appoint Ms. Esser to the three- year term through July 1, 2022. Seconded by Cavanagh. Motion carried 7-0. C. Investment Oversight Advisory Commission: One, 3-Year term through July 1, 2022 (Vacant term of Reisdorf). Applicant: Joshua Merritt, 2454 Pennsylvania Ave. Motion by Roussell to appoint Mr. Merritt to the three-year term through July 1, 2022. Seconded by Sprank. Motion carried 7-0. PUBLIC HEARINGS 1. Request to rezone 701 Bluff Street: Proof of publication on notice of public hearing to consider City Council approval of a request from Ken Lin, K & L Leasing LLC, to rezone property located at 701 Bluff Street from C-4 Downtown Commercial to OR Office Residential to accommodate a residential use on the first floor, and Zoning Advisory Commission recommended approval. 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 Cavanagh. Planning Services Manager Wally Wernimont provided a staff report. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 45-21 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 701 Bluff Street from C-4 Downtown Commercial District to OR Office Residential District. Seconded by Cavanagh. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 45-21 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 701 BLUFF STREET FROM C-4 DOWNTOWN COMMERCIAL DISTRICT TO OR OFFICE RESIDENTIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is hereby amended by reclassifying the hereinafter–described property from C-4 Downtown Commercial District to OR Office Residential District, to wit: Lot 1 of 2 of 2 City Lot 653 and Lot 1 of 3 City Lot 653A, and to the centerline of the adjoining public right-of-way, all in the city of Dubuque, Iowa. Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect immediately upon publication as provided by law. Passed, approved and adopted this 20th day of December, 2021. /s/Roy D. Buol, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 24th day of December, 2021. /s/Adrienne N. Breitfelder, City Clerk 2. Public Hearing for Community Development Block Grant FY2022 Annual Action Plan Amendment #2: Proof of publication on notice of public hearing to consider City Council approval 18 of the Community Development Block Grant FY2022 Annual Action Plan Amendment #2, and City Manager recommended approval. Motion by Jones to receive and file the documents and adopt Resolution No. 443-21 Adopting the Fiscal Year 2022 (Program Year 2021) Community Development Block Grant (CDBG) Annual Action Plan Amendment #2 . Seconded by Resnick. Motion carried 7-0. RESOLUTION NO. 443-21 ADOPTING THE FISCAL YEAR 2022 (PROGRAM YEAR 2021) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN AMENDMENT #2 Whereas, the City of Dubuque, through a series of public meetings and hearings, proposed a Fiscal Year 2022 (Program Year 2021) Community Development Block Grant Annual Action Plan for inclusion in the City Budget addressing housing and non -housing needs in the community; and Whereas, the Community Development Advisory Commission approved the second amendment to the Fiscal Year 2022 (Program Year 2021) Community Development Block Grant Annual Action Plan; and Whereas, all services provided will be to a minimum of 51% low/moderate income residents. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Community Development Block Grant Fiscal Year 2022 (Program Year 2021) Annual Action Plan Amendment #2, attached hereto and by this reference made a part hereof, is hereby approved. Section 2. The City Manager is hereby authorized to directed staff to prepare and submit to the United States Department of Housing and Urban Development the Fiscal Year 202 2 (Program Year 2021) Annual Action Plan Amendment #2 with all related documents, for the use of Community Development Block Grant funds based on this adopted budget and execute standard contracts and agreements. Passed, approved, and adopted this 20th day of December 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Vacate Portion of Tanzanite Drive/Right of Way Easement - Althaus Agreement to Vacate Easement: Proof of publication on notice of public hearing to consider City Council approval of the request to vacate a 48,391 square foot permanent right of way easement that is part of Tanzanite Drive across Lot 2 of Alt’s Subdivision, Plat 2, in Dubuque County, Iowa, and City Manager recommended approval. Motion by Jones to receive and file the documents and adopt Resolution No. 444-21 Vacating a permanent right of way easement, being part of Tanzanite Drive, over and across Lot 2 of Alt’s Subdvision, Plat 2, in Dubuque County, Iowa; and Resolution No. 445-21 Disposing of city interest in a permanent right of way easement, being part of Tanzanite Drive, over and across Lot 2 of Alt’s Subdvision, Plat 2, in Dubuque County, Iowa. Seconded by Sprank. Brian Kane, 2100 Asbury Road, provided input on behalf of Harry and Mary Althaus. Mr. Kane spoke in support of the resolutions. Motion carried 7 -0. RESOLUTION NO. 444-21 VACATING A PERMANENT RIGHT OF WAY EASEMENT, BEING PART OF TANZANITE DRIVE, OVER AND ACROSS LOT 2 OF ALT’S SUBDVISION, PLAT 2, IN DUBUQUE COUNTY, IOWA Whereas, Harry J. and Mary E. Althaus (Althaus) are the current owners of Lot 2 of Alt’s Subdivision, Plat 2, in Dubuque County, Iowa; and Whereas, the City holds a 48,391 square foot permanent right of way easement that is part 19 of Tanzanite Drive across Lot 2 of Alt’s Subdivision, Plat 2, in Dubuque County, Iowa, as shown on the Acquisition Plat recorded as Instrument Number 12718 -01 in the Dubuque County Recorder’s Office; and Whereas, the City and Althaus have entered into an agreement to vacate said 48,391 square foot permanent right of way easement that is part of Tanzanite Drive across Lot 2 of Alt’s Subdivision, Plat 2, in Dubuque County, Iowa as shown on the attached Exhibit A; and Whereas, Althaus has requested the vacation of the aforementioned right of way easement and the release of the property to Althaus per said agreement; and 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 Dubuque, Iowa on the 10thth day of December 2021, the City Council of the City of Dubuque, Iowa met by public and/or virtual means on the 20th day of December 2021, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6 th Street, Dubuque, Dubuque County, Iowa to consider the request to vacate; and Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the request to vacate; and Whereas, the City Council of the City of Dubuque, Iowa, has determined that the proposed vacation of the aforementioned right of way easement, in the City of Dubuque, Iowa, Iowa should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the aforementioned right of way easement, in the City of Dubuque, Iowa, and as shown on the Attached Exhibit A, be and the same is hereby vacated. Passed, approved, and adopted this 20th day of December 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 445-21 DISPOSING OF CITY INTEREST IN A PERMANENT RIGHT OF WAY EASEMENT, BEING PART OF TANZANITE DRIVE, OVER AND ACROSS LOT 2 OF ALT’S SUBDVISION, PLAT 2, IN DUBUQUE COUNTY, IOWA Whereas, Harry J. and Mary E. Althaus (Althaus) are the current owners of Lot 2 of Alt’s Subdivision, Plat 2, in Dubuque County, Iowa; and Whereas, the City holds a 48,391 square foot permanent right of way easement that is part of Tanzanite Drive across Lot 2 of Alt’s Subdivision, Plat 2, in Dubuque County, Iowa, as shown on the Acquisition Plat recorded as Instrument Number 12718 -01 in the Dubuque County Recorder’s Office; and Whereas, the City and Althaus have entered into an agreement to vacate said 48,391 square foot permanent right of way easement that is part of Tanzanite Drive across Lot 2 of Alt’s Subdivision, Plat 2, in Dubuque County, Iowa as shown on the attached Exhibit A; and 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 Dubuque, Iowa on the 10th day of December, 2021, the City Council of the City of Dubuque, Iowa met by public and/or virtual means on the 20th day of December, 2021, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Dubuque County, Iowa, to consider the disposal of City interest in a 48,391 square foot permanent right of way easement that is part of Tanzanite Drive across Lot 2 of Alt’s Su bdivision, Plat 2, in Dubuque County, Iowa, as shown on the Acquisition Plat recorded as Instrument Number 12718-01 in the Dubuque County Recorder’s Office as shown on the attached exhibit labelled 20 “Exhibit A Release of Public Right of Way Easement”; and Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to dispose of City interest in said right of way easement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the release of City of Dubuque interest in the aforementioned right of way easement in the City of Dubuque, Iowa, to Althaus is hereby approved. Section 2. That the Mayor be authorized and directed to execute the attached Release of Easement, and the City Clerk be and is hereby authorized and directed to deliver said Release to Althaus. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution and Release of Easement in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 20th day of December, 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk PUBLIC INPUT Tom Loguidice, 786 Stone Ridge Pl., provided virtual input via chat in support of Action Item No. 4. ACTION ITEMS 1. Smart Parking & Mobility Management Plan Development and Implementation Project: Request to Distribute RFP and Create an RFQ Review Committee: City Manager requested City Council approval to distribute a Request for Proposals (RFP) for engineering services related to managing the Smart Parking & Mobility Management Plan Development and Implementation Project. Motion by Cavanagh to receive and file the documents and approve the request. Seconded by Jones. Project Manager Steve Sampson Brown responded to questions from the City Council regarding previous information gathered for the project and the proposed timeline. Transportation Services Director Ryan Knuckey responded to questions about the current technology in parking ramps and how the hybrid workforce will factor into project development. City Manager Van Milligen responded to questions about how the city’s development agreement with Cottingham and Butler and HTLF impact future parking needs and the funding source of the project. Motion carried 7-0. 2. East-West Corridor Capacity Improvements: Approve Professional Consultant Services Contract - Preliminary Engineering Design and Environmental Clearance Phase : City Manager recommended approval of the Professional Consultant Services Contract with HDR, Inc. to complete the Preliminary Engineering Design and Environmental Clearance Phase to advance the development of the East-West Corridor Capacity Improvements along University Avenue at the intersections at Loras Boulevard, Asbury Road and Pennsylvania Avenue. Motion by Farber to receive and file the documents and adopt Resolution No. 446 -21 Approving Professional Services Consultant Contract with HDR, Inc. to complete the preliminary engineering design and environmental clearance phase to advance the developmen t of East- West Corridor Capacity Improvements. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 446-21 21 APPROVING PROFESSIONAL SERVICES CONSULTANT CONTRACT WITH HDR, INC. TO COMPLETE THE PRELIMINARY ENGINEERING DESIGN AND ENVIRONMENTAL CLEARANCE PHASE TO ADVANCE THE DEVELOPMENT OF EAST -WEST CORRIDOR CAPACITY IMPROVEMENTS Whereas, the City Council listed the East - West Corridor Capacity Improvement Implementation as a “Top-Priority” in its 2017-2019 Goals and Priorities; and Whereas, the City Council has directed City staff to begin implementation plans for the recommendations contained in the East-West Corridor Connectivity Report; and Whereas, in accordance with the Iowa Department of Transportation consultant selection process, the City solicitated competitive proposals from qualified consulting engineering firms to determine interest and capabilities to perform preliminary engineering design and environmental clearance phase; and Whereas, the Mayor and City Council concurred with the Consultant Selec tion Committee’s recommendation in the selection of HDR, Inc. of Omaha, Nebraska, as the first-ranked Consultant and authorized the City Engineer to initiate contract negotiations for Professional Consultant Services to complete the preliminary engineering design and environmental clearance phase; and Whereas, the City in collaboration with HDR, Inc., developed a consultant scope of work and a negotiated fee for services in the amount of $ 1,042,055 for Professional Consultant Services to complete the preliminary engineering design and environmental clearance phase. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, THAT: Section 1. That said Professional Services Consultant Contract with HDR, Inc. to complete preliminary engineering design and the environmental clearance phase for East-West Corridor Capacity Improvements is hereby approved. Section 2. The City Manager is authorized and directed to execute the Professional Services Consultant Contract with HDR, Inc. Passed, approved and adopted this 20th day of December 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Fiber to the Home/Business Aesthetic Guidelines: City Manager recommended City Council approval of Fiber to the Home/Business Aesthetic Guidelines. Motion by Cavanagh 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 Jones. City Council commended city staff creating the guidelines. Motion carried 7-0. Motion by Cavanagh for final consideration and passage of Ordinance No. 46-21 Requiring the City Manager to develop, with the approval of the City Council, written guidelines to establish general procedures and standards, consistent with all applicable federal and state laws, for the siting, construction, installation, collocation and aesthetics of Fiber to the Home/Business within the city’s right-of-way and on city property. Seconded by Jones. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 46-21 REQUIRING THE CITY MANAGER TO DEVELOP, WITH THE APPROVAL OF THE CITY COUNCIL, WRITTEN GUIDELINES TO ESTABLISH GENERAL PROCEDURES AND STANDARDS, CONSISTENT WITH ALL APPLICABLE FEDERAL AND STATE LAWS, FOR THE SITING, CONSTRUCTION, INSTALLATION, COLLOCATION AND AESTHETICS OF 22 FIBER TO THE HOME/BUSINESS WITHIN THE CITY’S RIGHT-OF-WAY AND ON CITY PROPERTY Section 1. City of Dubuque Code of Ordinances Title 11 Rights-Of-Way is amended by adding the following new Chapter 8: Chapter 8 FIBER TO THE HOME/BUSINESS AESTHETICS GUIDELINES 11-8-1: FIBER TO THE HOME/BUSINESS AESTHETICS GUIDELINES ESTABLISHED: The city manager shall develop, with the approval of the City Council, written guidelines to establish general procedures and standards, consistent with all applicable federal and state laws, for the siting, construction, installation, collocation, and aesthetics of fiber to the home and business within the city’s right of way and on city property. Section 2. This Ordinance shall take effect upon publication. The above ordinance was introduced, approved and ordered placed on file with the City Clerk this 20th day of December 2021. /s/Roy D. Buol, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 24th day of December, 2021. /s/Adrienne N. Breitfelder, City Clerk 4. Proposed Ordinance Amendment for Vacant/Abandoned Buildings : City Manager recommended the City Council adopt proposed Ordinance amendments for vacant/abandoned buildings to make processes and procedures more efficient and user friendly. 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 Resnick. City Council commended city staff for the amendment. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 47-21 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 4 Licensing of Vacant and/or Abandoned Buildings. Seconded by Resnick. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 47-21 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 4 LICENSING OF VACANT AND/OR ABANDONED BUILDINGS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Title 14, Chapter 4 of the City of Dubuque Code of Ordinances is amended to read as follows: 14-4-1: DEFINITIONS: For the purpose of this chapter, certain terms, phrases, words and their derivatives shall be construed as specified in either this chapter or as specified in the Building Code or the Property Maintenance Code. Where terms are not defined, they shall have their ordinary accepted meanings within the context in which they are used. Unless otherwise expressly stated or unless the context clearly indicates a different intent, the following terms shall, for the purpose of this chapter, have the following meanings: ABANDONED BUILDING: Any building or portion thereof which has stood with an incomplete exterior shell for six (6) months or longer which meets one or more of the following criteria: A. Is unsecured; 23 B. Is unoccupied; or C. Is in violation of the International Property Maintenance Code, International Building Code, International Residential Code, or International Fire Code adopted by the City of Dubuque. BUILDING CODE: The Building Codes promulgated by the International Code Council and their locally adopted amendments, as adopted in section 14-1 of this title. CITY MANAGER: Includes the City Manager's designee. DANGEROUS BUILDING: Any building or structure which has any or all of the conditions or defects hereinafter described; provided, that such conditions or defects exist to the extent that the life, health, property or safety of the public or the occupants of the building are endangered: A. Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case of fire or panic. B. Whenever the walking surface of any aisle, passageway, stairway or other means of exit is warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic. C. Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is more than one and one-half (11/2) times the working stress or stresses allowed in the Building Code for new buildings of similar structure, purpose or location. D. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the Building Code for new buildings of similar structure, purpose or location. E. Whenever any portion or member or appurtenance thereof is found by the code official to be likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property. F. Whenever any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one-half (1/2) of that specified in the Building Code for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the Building Code for such buildings. G. Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction. H. Whenever the building or structure, or any portion thereof, is found by the code official to be likely to partially or completely collapse because of: 1. Dilapidation, deterioration or decay; 2. Faulty construction; 3. The removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building; 4. The deterioration, decay or inadequacy of its foundation; or 5. Any other cause. I. Whenever, for any reason, the building or str ucture, or any portion thereof, is manifestly unsafe for the purpose for which it is being used. 24 J. Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one-third (1/3) of the base. K. Whenever the building or structure, exclusive of the foundation, shows thirty - three percent (33%) or more damage or deterioration of its supporting member or members, or fifty percent (50%) damage or deterioration of its non-supporting members, enclosings or outside walls or coverings. L. Whenever the building or structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated as to become: 1 ) an attractive nuisance to children; 2) a harbor for vagrants or criminals; or as to 3) enable persons to resort thereto for the purpose of committing unlawful acts. M. Whenever any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the building regulations of this City, as specified in the Building Code or Property Maintenance Code, or of any law or ordinance of this State or City relating to the condition, location or structure of buildings. N. Whenever any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any non-supporting part, member or portion less than fifty percent (50%), or in any supporting part, member or portion less than sixty six percent (66%) of the: 1) strength; 2) fire resisting qualities or characteristics; or 3) weather resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location. O. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by the Health Officer to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease. P. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined by the Fire Marshal to be a fire hazard. Q. Whenever any building or structure is in such condition as to constitute a public nuisance known to the common law or in equity jurisprudence. R. Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned for a period in excess of six (6) months so as to consti tute such building or portion thereof an attractive nuisance or hazard to the public. FIRE CODE: International Fire Code, as adopted by chapter 1, article E of this title. NUISANCE: Each of the following shall be defined as a "nuisance": A. Any public nuisance known at common law or in equity jurisprudence. B. Any attractive nuisance which may prove detrimental to persons whether in a building, on the premises of a building, or upon an unoccupied lot. C. Whatever is dangerous to human life or is a menace to the public health, welfare or safety as determined by the City Manager. D. A building that is structurally unsafe, unsanitary or not provided with adequate safe egress, or that constitutes a fire hazard, or otherwise constitutes a hazard by reason of inadequate maintenance, dilapidation or obsolescence or abandonment. E. Uncleanliness to the risk of unhealthiness, as determined by the City Manager. 25 F. Whatever renders air, food or drink unwholesome or detrimental to the health of human beings, as determined by the City Manager. PROPERTY MAINTENANCE CODE: The City of Dubuque Property Maintenance Code, as adopted in chapter 1, article J of this title. RESIDENTIAL CODE: International Residential Code, as adopted by chapter 1, article B of this title. UNOCCUPIED: Not engaged in any principal permitted uses or approved conditional uses designated for the zoning district in which a building is located. VACANT BUILDING: Any building or portion thereof which has been unoccupied for a continuous period of time over twelve (12) months and which meets one or more of the following criteria: A. Unsecured; B. Secured by means other than those used in the desig n of the building; C. Declared a "dangerous building" as defined in this section; D. Unfit for occupancy as determined by the City Manager; E. Noncompliant with the International Property Maintenance Code; F. Has Housing, Building, Fire, Health or Zoning Code violations; G. Open to vagrants, vandals, children or the unwary; or H. Not consuming or using one or more utilities provided by any one or more of the public utilities. 1. For purposes of this chapter, public utilities are defined as water, natural gas, and electricity. 2. The minimum fee billed for properties having a water meter, stop box, or service line but not actually using water does not constitute water consumption for purposes of this chapter. a. Minimum water usage, not conducive to the primary or conditional uses of the building or portion thereof, does not constitute water consumption for purposes of this chapter. 3. Stormwater does not constitute a public utility for purposes of this chapter. . . . . 14-4-3: REGISTRATION: A. Registration Required: The owner shall register a vacant or abandoned building with the City Manager not later than thirty (30) calendar days after any building in the City becomes abandoned or vacant as defined in this chapter. Failure to register an abandoned or vacant building or providing false information to the City Manager shall be a violation of this chapter. B. Information: The registration shall include the following information: 1. A description of the premises; 2. The names and addresses of the owner or owners; 3. The names and addresses of all known lien holders and all other parties with an ownership interest in the building; 4. The name of the agent designated to act on the behalf of an out of town property owner to accept legal processes and notices, and to authorize repairs as required; 5. The period of time the building is expected to remain vacant; and 6. A plan and proposed timeline for restoration to a code compliant and occupied status or for the demolition/sale of the building(s). . . . . 14-4-5: TERMS OF LICENSES: A. License Term: Every license issued under this chapter shall expire twelve (12) months after issuance. 26 B. Application For Renewal: Upon application, a license may be renewed and remain effective for successive periods of one year unless sooner revoked at any time by the City Manager for noncompliance with any applicable provisions of this Code. C. Transfer: Licenses may be transferred from one person or business to another, provided notice of the transfer is given in writing within five (5) working days of the transfer, to the City Manager. D. Nontransferable From Building To Building: Licenses shall not be transferable from one building to another. E. Notify City Of Transfer Or Disposal: Every person or business holding a license shall give notice in writing to the City Manager within five (5) working days after having transferred or otherwise disposed of the legal control of the licensed building. Such notice shall include the name and address of the persons or businesses succeeding to the ownership or control of such licensed building. 14-4-6: INSPECTIONS: The owner shall allow inspection of the building by City representatives upon request and shall allow quarterly inspections of the exterior and annual inspection of the interior of the premises for the purpose of enforcing and assuring compliance with the provisions of this chapter and the Property Maintenance, Building, Fire Codes, or other applicable codes and ordinances. 14-4-7: RENEWAL LICENSES: The City Manager is hereby authorized to issue and renew vacant or abandoned building licenses for specific buildings, in the names of the applicant owners, operators or managers, provided the following criteria are met: A. Building In Compliance With Regulations: The building for which the license is sought is warranted by the owner or operator to substantially comply with applicable provisions of this Code. B. Application By Owner: The owner or operator legally authorized and responsible for maintenance of the building for which a vacant or abandoned building license is sought shall first make application therefor on an application provided by the City Manager. C. Payment Of Fees: All fees required by this Code pursuant to the issuance of a vacant or abandoned building license are paid in full to the City. D. Agent Of Owner/Operator: The applicant shall designate a local responsible agent to represent the owner/operator whenever the said applicant is not available for maintenance of the building for which a license is sought. Said agent shall have full authority and responsibility, the same as the owner/operator, for maintaining the building. 14-4-8: RENEWAL, PENALTY FOR FAILURE TO RENEW LICENSE: An application for renewal of a vacant or abandoned building license may be made within sixty (60) days prior to the expiration of an existing operating license.. Each day that the owner fails to renew an expired license as required by this chapter shall constitute a separate violation for which a Municipal infraction citation may be issued. 14-4-9: REVOCATION, REINSTATEMENT MEASURES: A. Notice To Licensee: The Code Official shall cause to be issued to the licensee a notice that the license is revoked, setting forth the reason(s) therefor. The notice shall be sent by certified United States mail to the licensee at the address on file with the Inspection and Construction Services Division. B. Appeal: The licensee may appeal the decision of the City Manager to the Housing Appeals and Mediation Board. An appeal must be filed, in writing, within twenty (20) days from the date of the notice of suspension or revocation. 14-4-10: RELATIONSHIP OF LICENSE TO OTHER CODES: 27 The issuance of any license for any vacant or abandoned building shall not in any way signify or imply that the building conforms with the Iowa State Building Code or the housing, building, zoning, fire ordinances or other codes and ordinances adopted by the City. The issuance of a license shall not relieve the owner or operator of the responsibility for compliance with said applicable Property Maintenance , Building, Zoning, Fire or other applicable codes and ordinances. Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this 20th day of December, 2021. /s/Roy D. Buol, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 24th day of December, 2021. /s/Adrienne N. Breitfelder, City Clerk 5. Adoption of the 2020 National Electric Code: City Manager recommended City Council approval of an ordinance adopting the 2020 National Electric Code with local amendments. Motion by Cavanagh to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Cou ncil meetings prior to the meeting at which it is to be passed be suspended. Seconded by Sprank. Assistant Housing and Community Development Director Michael Belmont responded to questions from the City Council regarding authority of electrical licensing and the codes adopted by the city. Motion carried 7-0. Motion by Cavanagh for final consideration and passage of Ordinance No. 48 -21 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article D Electrical Code. Seconded by Sprank. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 48-21 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE D ELECTRICAL CODE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Title 14, Chapter 1, Article D of the City of Dubuque Code of Ordinances is amended to read as follows: 14-1D-1: NATIONAL ELECTRICAL CODE ADOPTED: Except as hereinafter added to, deleted, modified or amended, there is hereby ad opted by reference as the Electrical Code of the City that certain Electrical Code known as the National Electrical Code, 2020 edition, as prepared and edited by the National Fire Protection Agency, Quincy, Massachusetts, and the provisions of such Electri cal Code shall be controlling in the supply of electricity and in the installation, maintenance and use of all electrical conductors and equipment and installation of optical fiber cable within the corporate limits of the City, and shall be known as the Dubuque Electrical Code. A copy of the National Electrical Code, 2020 edition, as adopted, shall be on file in the Office of the City Clerk for public inspection. 14-1D-2: NATIONAL ELECTRICAL CODE AMENDMENTS: The National Electrical Code adopted by section 14-1D-1 of this article is hereby amended as follows: Article 80. . . . . 80-2. Application To Existing Electrical Systems And Equipment. 28 (a) Additions, Alterations, Or Repairs. Additions, alterations, or repairs may be made to any electrical system and equipment without requiring the existing electrical system and equipment to comply with all the requirements of this code, provided the addition, alteration, or repair conforms to that required for a new electrical system and equipment and provided further that no hazard to life, health, or safety will be created by such additions, alterations, or repairs. Minor additions, alterations, and repairs to existing electrical systems and equipment may be made in accordance with the law in e ffect at the time the original installation was made, when approved by the code official. (b) Existing Installations. Electrical systems and equipment lawfully in existence at the time of the adoption of this code may have their use, maintenance, or repai r continued if the use, maintenance, or repair is in accordance with the original design and no hazard to life, health, or property has been created by such electrical system and equipment. (c) Changes In Building Occupancy. Electrical systems and equipme nt which are a part of any building or structure undergoing a change in use or occupancy, as defined in the Dubuque building code, shall comply with the requirements of this code which are applicable to the new use or occupancy. (d) Maintenance. All electrical systems and equipment, both existing and new, and all parts thereof shall be maintained in a proper operating condition in accordance with the original design and in a safe and hazard-free condition. Any devices or safeguards which are required by this code shall be maintained in conformance with this code. The owner or designated agent shall be responsible for the maintenance of the electrical system. To determine compliance with this subsection, the code official may cause any electrical system to be re-inspected. (e) Moved Building. Electrical systems and equipment which are a part of buildings or structures moved into or within this jurisdiction shall comply with the provisions of this code for new installations. 80-3. Definitions, General. For the purpose of these provisions, certain terms, phrases, words, and their derivatives shall be construed as specified in this section. Where terms are not defined, they shall have their ordinarily accepted meanings within the context with which they are used. Webster's third new international dictionary of the English language, unabridged, copyright 1981, shall be considered as providing ordinarily accepted meanings. Words used in the singular include the plural and the plural the singular. Words used in masculine gender include the feminine and the feminine the masculine. Approved agency. An established and recognized agency regularly engaged in conducting tests or furnishing inspection services, when such agency has been approved by the code official. Approved, as to materials, equipment, and method of construction. Approval by the code official as the result of investigation and tests conducted or by reasons of accepted principles or tests by recognized authorities, technical, or scientific organizations. Building code. The international building code promulgated by the International Code Council, Inc., as adopted by this jurisdiction. Chief electrical inspector. The person providing expertise for the code official in the area of electrical regulations. Code enforcement agency. The department, division, or agency of this jurisdiction charged with the function of code enforcement and shall be under the administration and operational control of the code official. 29 Code official. The officer charged with the administration and enforcement of this code, or duly authorized representatives, and is the authority having jurisdiction for this code. Commercial installation. An installation intended for commerce, but does not include a residential installation. Dubuque board. The city of Dubuque Building Code Advisory and Appeal board. Electrical code. The national electrical code promulgated by the National Fire Protection Association, as adopted by this jurisdiction. Electrical equipment. All electrical materials, wiring, conductors, fittings, devices, appliances, fixtures, signs, and apparatus or parts thereof. Electrical work. All installations, alterations, repairs, removals, renewals, replacements, connections, disconnections, and maintenance of all electrical equipment except as otherwise noted. Firewall. The same as an area separation wall as used in the building code. In-house electricians. Not for hire by the general public. (i) In-house electricians are required to carry an Iowa Master's level license in order to obtain a permit. (ii) In-house electricians can only work on the premises for which the licensee is directly employed and any other persons doing electrical work under the supervision of the in-house electricians must also be registered with the state of Iowa as an apprentice, journeyman, or Master A or B electrician. Industrial installation. An installation intended for use in the manufacture or processing of products involving systematic labor or habitual employment and includes installations in which agricultural or other products are habitually or customarily processed or stored for others, either by buying or reselling on a fee basis. Inspector. A person certified as an electrical inspector upon such reasonable conditions as may be adopted by the board. Listed and listing. Equipment and materials which are shown in a list published by an approved testing agency, qualified and equipped for experimental testing, and maintaining an adequate periodic inspection of current productions and whose listing states that the equipment complies with nationally recognized safety standards. Multiple occupancy building. A building having more than one (1) tenant and may be of single or mixed use groups as classified by the building code. New electrical installation. The installation of electrical wiring, apparatus, and equipment for light, heat, power, and other purposes. Occupancy. The purpose for which a building, or part thereof, is used or intended to be used. Public use building or facility. Any building or facili ty designated for public use, including all property owned and occupied or designated for use by the state of Iowa. Residential installation. An installation intended for a single-family or two-family residential dwelling or a multi-family residential dwelling not larger than a four-family dwelling. Routine maintenance. The servicing, maintaining, or repairing of existing electrical apparatus or equipment for which no changes in wiring are made. State board. The electrical examining board created under I owa Code section 103.2. . . . . 30 80-5. Alternate Materials And Methods Of Construction. The provisions of this code are not intended to prevent the use of any material or method of construction not specifically prescribed by this code, provided any altern ate has been approved and its use authorized by the code official. The code official may approve any alternate, provided it is found that the proposed design is satisfactory and complies with the provisions of this code and that the material, method, or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in suitability, strength, effectiveness, fire resistance, durability, and safety. The code official shall require that sufficient evidence or proof be submit ted to substantiate any claims regarding the use of alternates. The details of any action granting approval of an alternate shall be recorded and entered in the files of the code enforcement agency. 80-6. Modifications. Whenever there are practical difficu lties involved in carrying out the provisions of this code, the code official may grant modifications for individual cases, provided it is found that a special individual reason makes the strict letter of this code impractical and the modification is in conformity with the intent and purpose of this code, and that such modification does not lessen health, life, and fire safety requirements. The details of actions granting modifications shall be recorded and entered in the files of the code enforcement agency. 80-7. Tests. Whenever there is insufficient evidence of compliance with any of the provisions of this code or evidence that materials or construction do not conform to the requirements of this code, the code official may require tests as evidence of compliance to be made at no expense to this jurisdiction. Test methods shall be as specified by this code or by other recognized test standards. In the absence of recognized and accepted test methods for the proposed alternate, the code official shall determine test procedures. All tests shall be made by an approved agency. Reports of such tests shall be retained by the code official for the period required for the retention of public records. Article 81. 81-1. Powers And Duties Of Code Official. (a) General. The code official is hereby authorized and directed to enforce all the provisions of this code. For such purposes, the code official shall have the powers of a law enforcement officer. The code official shall have the power to render interpretations of this code and to adopt and enforce rules and regulations supplemental to this code as deemed necessary in order to clarify the application of the provisions of this code. Such interpretations, rules, and regulations shall be in conformity with the intent and purpose of this code. (b) Deputies. In accordance with prescribed procedures and with the approval of the appointing authority, the code official may appoint a chief electrical inspector and other related technical officers and inspectors and other employees as shall be authorized from time to time. (c) Right Of Entry. Whenever necessary to make an inspection to enforce any of the provisions of this code, or whenever the code official or authorized representative has reasonable cause to believe that there exists in any building or upon any premises any condition or code violation which makes such buildings or premises unsafe, dangerous, or hazardous, the code official or authorized representative may enter such building or premises at all reaso nable times to inspect the same or to perform any duty imposed upon the code official by such 31 codes, provided that if such building or premises be occupied, the code official shall first present proper credentials and request entry. If such building or pre mises is unoccupied, the code official shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If entry be refused, the code official or authorized representative shall have recourse to every remedy provided by law to secure entry. When the code official or authorized representative shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care, or control of any building or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the code official or authorized representative for the purpose of inspection and examination pursuant to this code. (d) Stop Orders. Whenever any work is being done contrary to the provisions of this code, the code official may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done and any such persons shall forthwith stop such work until authorized by the code official to proceed with the work. (e) Authority To Disconnect Utilities In Emergencies. The code official or authorized representative shall have the authority to disconnect any electric power or energy service supplied to the building, structure, or building service equipment therein regulated by this code in case of emergency where necessary to eliminate an immediate hazard to life or property. The code official shall whenever possible notify the serving utility, the owner, and occupant of the building, structure, or electrical system or equipment of the decision to disconnect prior to taking such action, and shall notify such serving utility, owner, and occupant of the building, structure, or building service equipment, in writing, of such disconnection immediately thereafter. (f) Authority To Condemn Electrical System And Equipment. Whenever the code official ascertains that any electrical system or equipment regulated in this code has become hazardous to life, health, or property, the code official shall order in writing that such electrical system or equipment either be removed or restored to a safe condition, whichever is appropriate. The written notice itsel f shall fix a time limit for compliance with such order. No person shall use or maintain defective electrical systems or equipment after receiving such notice. When such equipment or installation is to be disconnected, a written notice of such disconnection and causes therefor shall be given within twenty - four (24) hours of the order to disconnect to the serving utility, the owner, and occupant of such building, structure, or premises. When any electrical system or equipment is maintained in violation of this code and in violation of any notice issued pursuant to the provisions of this section, the code official shall institute any appropriate action to prevent, restrain, correct, or abate the violation. (g) Connection After Order To Disconnect. No person shall make connections from any energy or power supply nor supply power to any electrical system or equipment which has been disconnected or ordered to be disconnected by the code official or the use of which has been ordered to be discontinued by the code official until the code official authorizes the reconnection and use of such electrical system or equipment. 32 (h) Liability. The code official, or authorized representative charged with the enforcement of this code, acting in good faith and without malice in the discharge of duties, shall not thereby be rendered personally liable for any damage that may accrue to persons or property as a result of any act or by reason of any act or omission in the discharge of duties. Any suit brought against the code official or employee because of such act or omission performed in the enforcement of any provision of such codes or other pertinent laws or ordinances implemented through the enforcement of this code or enforced by the code enforcement agency shall be defended by this jurisdiction until final termination of such proceedings, and any judgment resulting therefrom shall be assumed by this jurisdiction. This code shall not be construed to relie ve from or lessen the responsibility of any person owning, operating, or controlling any building or structure for any damages to persons or property caused by defects, nor shall the code enforcement agency or its parent jurisdiction be held as assuming any such liability by reason of the inspections authorized by this code or any permits or certificates issued under this code. (i) Cooperation Of Other Officials And Officers. The code official may request, and shall receive so far as is required in the discharge of duties, the assistance and cooperation of other officials of this jurisdiction. 81-2. Unsafe Electrical Systems Or Equipment. All electrical systems or equipment regulated by this code which are unsafe or which constitute a fire hazard or are otherwise dangerous to human life are, for the purpose of this section, unsafe. Any use of electrical systems or equipment regulated by this code constituting a hazard to safety, health, or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage, or abandonment is, for the purpose of this section, an unsafe use. All such unsafe electrical systems or equipment are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolit ion, or removal in accordance with the procedures set forth in title 1, chapter 4 of the city of Dubuque code of ordinances. As an alternative, the code official or other employee or official of this jurisdiction as designated by the governing body may institute any other appropriate action to prevent, restrain, correct, or abate the violation. 81-3. Building Code Advisory and Appeal Board. See section 14 -1A-6 of the city of Dubuque code of ordinances. . . . . Article 82. 82-1. Permits Required. (a) Permits Required. Except as specified in subsections (b) and (c) of this section, no electrical system regulated by this code shall be installed, altered, repaired, replaced, or remodeled unless a separate electrical permit for each building or structure has first been obtained from the code official. (b) Exempt Work. An electrical permit shall not be required for the following: (1) Portable motors or other portable appliances energized by means of a cord or cable having an attachment plug end to be connected to an approved receptacle when that cord or cable is permitted by this code; (2) Repair or replacement of fixed motors, transformers, or fixed approved appliances of the same type and rating in the same location; (3) Temporary decorative lighting; (4) Repair or replacement of current-carrying parts of any switch, contractor, or control device; 33 (5) Reinstallation of attachment plug receptacles, but not the outlets therefor; (6) Repair or replacement of any overcurrent device of the required capacity in the same location; (7) Repair or replacement of electrodes or transformers of the same size and capacity for signs or gas tube systems; (9) Removal of electrical wiring; (10) Temporary wiring for experimental purposes in suitable experimental laboratories; or (11) The wiring for temporary theater, motion picture, or television stage sets. However, any such exempted work that is to be performed in other than a single-family home by the qualifying homeowner shall be performed by or directly supervised by the holder of a state of Iowa class "A" or "B" master or journeyman electrical license. Exemption from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. (c) Exempt Systems And Utilities. An electrical permit shall not be required for the following: (1) Electrical wiring, devices, appliances, apparatus, or equipment operation at less than twenty-five (25) volts and not capable of supplying more than fifty (50) watts of energy. (2) Low energy power, control, and signal circuits of classes II and III as defined in this code. (3) A permit shall not be required for the installation, alteration, or repair of electrical wiring, apparatus, or equipment for the generation, transmissio n, distribution, or metering of electrical energy, or in the operation of signals or the transmission of intelligence by a public or private utility in the exercise of its function as a serving utility. Exemption from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. 82-2. Permit Process. (a) Application For Permit. The applicant for an electrical permit must be one of the following: (1) The homeowner as defined elsewhere in this ordinance; or, (2) Registered with the state of Iowa as a class "A" master electrical licensee and affiliated with an electrical contracting firm or business that is also licens ed by and registered with the state of Iowa. (3) In-house electricians, not for hire by the general public. (b) Application. To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished by the code enforcement agency for that purpose. Every such application shall: (1) Identify and describe the work to be covered by the permit for which application is made; (2) Describe the land on which the proposed work is to be done by legal description, street address, or similar description that will readily identify and definitely locate the proposed building or work; (3) Identify the owner of property, and tenant if appli cable, on which the proposed work is to be done; (4) Indicate the use or occupancy for which the proposed work is intended; 34 (5) Be accompanied by plans, diagrams, computations, and specifications and other data as required in subsection (c) of this section; (6) Be signed by permittee or authorized agent; and (7) Give such other data and information as may be required by the code official. (c) Plans And Specifications. Plans, engineering calculations, diagrams, and other data shall be submitted in one or more sets with each application for a permit. The code official may require plans, computations, and specifications to be prepared and designed by an engineer or architect licensed by the state of Iowa to practice as such. EXCEPTION: The code official may waive the submission of plans, calculations, etc., if it is found that the nature of the work applied for is such that reviewing of plans is not necessary to obtain compliance with this code. (d) Information On Plans And Specifications. Plans and speci fications shall be drawn to scale upon substantial paper or cloth and shall be of sufficient clarity to indicate the location, nature, and extent of the work proposed and show in detail that it will conform to the provisions of this code and all relevant laws, ordinances, rules, and regulations. Plans for buildings more than two (2) stories in height of other than groups R, division 3, and M occupancies shall indicate how required structural and fire - resistive integrity will be maintained where a penetration will be made for electrical and communication conduits, pipes, and similar systems. 82-3. Permit Issuance. (a) Issuance. The application, plans, specifications, and other data filed by an applicant for permit shall be reviewed by the code official. Su ch plans may be reviewed by other departments of this jurisdiction to verify compliance with any applicable laws under their jurisdiction. If the code official finds that the work described in an application for a permit and the plans, specifications, and other data filed therewith conform to the requirements of this code and other pertinent laws and ordinances and that the fees specified in section 82-4 have been paid, a permit shall be issued therefor to the applicant. When the code official issues the permit where plans are required, the plans and specifications shall be endorsed in writing or stamped "APPROVED". Such approved plans and specifications shall not be changed, modified, or altered without authorization from the code official and all wor k shall be done in accordance with the approved plans. The code official may issue a permit for the construction of part of an electrical system before the entire plans and specifications for the whole system have been submitted or approved, provided adequate information and detailed statements have been filed complying with all pertinent requirements of this code. The holder of such permit shall proceed at personal risk without assurance that the permit for the entire building, structure, or building service will be granted. (b) Retention Of Plans. One set of approved plans and specifications shall be returned to the applicant and shall be kept on the site of the building work at all times during which the work authorized thereby is in progress. One set of approved plans, specifications, and computations shall be retained by the code official until final approval of the work. (c) Validity Of Permit. The issuance of a permit or approval of plans and specifications shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code, or of any other ordinance of the 35 jurisdiction. No permit presuming to give authority to violate or cancel the provisions of these codes shall be valid. The issuance of a permit based upon plans, specifications, and other data shall not prevent the code official from thereafter requiring the correction of errors in said plans, specifications, and other data or from preventing building operations being carried on thereunder when in violation of this code or of any other ordinances of this jurisdiction. (d) Expiration. Every permit issued by the code official under the provisions of this code shall expire by limitation and become null and void, if the building or work authorized by such permit is not commenced within one hundred eighty (180) days from the date of such permit, or if the work authorized by such permit is suspended or abandoned for a period of one hundred eighty (180) days following the last inspection of said work. Before such work can be recommenced, a new permit shall be first obtained so to do, and the fee therefor shall be one -half (1/2) the amount required for a new permit for such work provided no changes have been made or will be made in the original plans and specifications for such work; and provided further that such suspension or abandonment has not exceeded one (1) year. In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee. Any permittee holding an unexpired permit may apply for an extension of the time within which work may commence under that permit when unable to commence work within the time required by this section for good and satisfactory reasons. The code official may extend the time for action by the permitt ee for a period not exceeding one hundred eighty (180) days upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than once. (e) Suspension Or Revocation. The code official may, in writing, suspend or revoke a permit issued under the provisions of this code whenever the permit is issued in error or on the basis of incorrect information supplied or in violation of any ordinance or regulation of the jurisdiction. 82-4. Fees. (a) Permit Fees. The fee for each electrical permit shall be as established by the city manager. (b) Plan Review Fees. When a plan or other data are required to be submitted by subsection (c) of section 82-2, a plan review fee shall be paid as established by the city manager. Where plans are incomplete or changed so as to require additional plan review, an additional plan review fee shall be charged at the rate established by the city manager. (c) Expiration Of Plan Review. Applications for which no permit is issued within one hundred eighty (180) days following the date of application shall expire by limitation and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the code official. The code official may extend the time for action by the applicant for a period not exceeding one hundred eighty (180) days upon request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee. (d) Investigation Fees For Work Without A Permit. 36 (1) Investigation. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work. (2) Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee that would be required by this code if a permit were to be issued. The payment of such in vestigation fee shall not exempt any person from compliance with all other provisions of either this code nor from any penalty prescribed by law. (e) Fee Refunds. (1) The code official may authorize the refunding of any fee paid hereunder which was erroneously paid or collected. (2) The code official may authorize the refunding of not more than eighty percent (80%) of the permit fee paid when no work has been done under a permit issued in accordance with this code. (3) The code official may authorize the refunding of not more than eighty percent (80%) of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done. The code official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee no later than one hundred eighty (180) days after the date of fee payment. 82-5. Inspections. (a) General. All electrical systems and equipment for which a permit is required by this code shall be subject to inspection by the code official. No portion of any electrical system intended to be concealed shall be concealed until inspected and approved. Neither the code official nor this jurisdiction shall be liable for e xpense entailed in the removal or replacement of any material required to allow inspection. When the installation of an electrical system and equipment is complete an additional and final inspection shall be made. Electrical systems and equipment regulated by this code shall not be connected to the energy source until authorized by the code official. (b) Inspection Requests. It shall be the duty of the person doing the work authorized by a permit to notify the code official that such work is ready for inspection. The code official may require that every request for inspection be filed at least one (1) business day before such inspection is desired. Such request may be in writing or by telephone at the option of the code official. It shall be the duty of the person requesting inspections required by this code to provide access to and means for proper inspection of such work. (c) Operation Of Electrical Equipment. The requirements of this section shall not be construed to prohibit the operation of any electrical system or equipment installed to replace existing equipment. The request for inspection of such equipment must have been filed with the code official not more than forty -eight (48) hours after such replacement work is completed and before any portion of such electrical system is concealed by any permanent portion of the building. (d) Other Inspections. In addition to the called inspections required by this code, the code official may make or require other inspections of any work to ascertain compliance with the provisions of this code and other laws which are enforced by the code enforcement agency. 37 (e) Re-Inspections. A re-inspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or when corrections called for are not made. This provision is not to be interpreted as requiring re -inspection fees the first time a job is rejected for failure to comply with the requirements of this code, but as controlling the practice of calling for inspections before the job is ready for such inspection or re-inspection. Re-inspection fees may be assessed when the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested, or for deviating from plans requiring the approval of the code official. To obtain a re-inspection, the applicant shall file an application therefor in writing upon a form furnished for that purpose and pay the re -inspection fee in accordance with table no. 13-A. In instances where re-inspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid. (f) Monthly Maintenance Inspections. In industrial plants where experienced electricians are regularly employed and who have charge of the electrical work in such plants, a monthly inspection shall be made by the code official of the installation of electric wiring, fixtures, appliances, work and materials used in connection with the operation of work in said plant. A record shall be kept at such plants covering the preceding month. This record shall be filed with the code official each month prior to the time set for making regular inspection. Any falsity contained in the reports required to be filed with the code official shall subject the person, firm, or corporation responsible therefor to the penalties provided in this article. 82-6. Connection Approval. (a) Energy Connections. An electrical system or equipment regulated by this code for which a permit is required shall not be connected to a source of energy or power until approved by the code official. (b) Temporary Connections. The code official may authorize the temporary connection of the electrical system or equipment to the source of energy or power for the purpose of testing the equipment or for use under a temporary certificate of occupancy. Article 83. 83-1. Definitions. For use within this article, the following words and phrases are defined: Electrical equipment. All electrical materials, wiring, conductors, fittings, devices, appliances, fixtures, signs, and apparatus or parts thereof. Electrical work. All installations, alterations, repairs, removals, renewals, replacements, connections, disconnections, and maintenance of all electrical equipment except as otherwise noted. Homeowner. The owner of property that is the owner's principal place of residence, if such residence is an existing dwelling rather than new construction and is not larger than a single family dwelling or farm property and shall qualify for the homestead tax exemption. Licensed. Licensed under this article or Iowa Code section 103.2, except as otherwise specified. Maintenance electrician. A person who has the necessary training, experience, and technical knowledge to undertake the work of servicing, maintaining, and 38 repairing electrical devices, appliances, and equipment within the stipulated confines of property owned or controlled by the firm, business, or company by whom employed. An electrical maintenance certificate of competency may be issued to an individual and will entitle the holder thereof to undertake the work of servicing, maintaining, and repairing electrical devices, appliances, and equipment only within the confines of the property owned by such individual for use or application to such property. Registered, under this article. A copy of the licensed person's license and current contact information has been provided to the city of Dubuque building services department on forms provided by building services department, except as otherwise specified. 83-2. Registration Required; Exceptions. (a) No person, firm, or corporation shall perform any electrical work as an electrical contractor, master electrician, journeyman electrician, apprentice electrician, unclassified person, or maintenance electrician in the city of Dubuque unless registered as provided in this article. (b) No electrical contractor or electrical maintenance electrician shall employ any apprentice or unclassified person to perform any electrical work unless said apprentice or unclassified person is under the direct personal on -the-job supervision of a state master electrician or state journeyman electrician. The ratio of apprentice electricians or unclassified persons to holders of state of Iowa master or journeyman electrical licenses or electrical maintenance licenses at any time shall not exceed the ratios given in subsection 83-2(f). Direct personal on-the-job supervision and control and in the immediate presence of a licensee shall mean the licensee and the apprentice electrician or unclassified person shall be working at the same project location but shall not require that the licensee and apprentice electrician or unclassified person be within sight of one another at all times. Every person who desires to perform the work of an electrical laborer/helper shall provide their name and contact information to the building services department on such forms as the code official shall prescribe. Apprentice electricians shall not install, alter, or repair electrical equipment except as provided in this ordinance and the licensee employing or supervising the apprentice electricians shall not authorize or permit such actions by the apprentice electricians. Unclassified persons shall not install, alter, or repair any energized electrical equipment and the licensee employing or supervising the unclassified persons shall not authorize or permit such actions by the unclassified persons. Apprentice electricians shall do no electrical wiring except under the direct personal on-the-job supervision and control and in the immediate presence of a licensee as provided in this ordinance. Such supervision shall include both on-the- job training and related classroom training as approved by the state of Iowa electrical examining board and the bureau of apprenticeship and training of the United States department of labor. Unclassified persons shall do no electrical wiring except under the direct personal on-the-job supervision and control and in the immediate presence of a licensee as provided in this ordinance. Employment of unregistered master, journeyman, apprentice electricians, or unclassified persons shall be grounds for the suspension or revocation of the 39 employing electrical contractor's registration and their ability to do work within the limits of the city of Dubuque. Employment of unregistered master, journeyman, apprentice electricians, or unclassified persons shall be grounds for the suspension or revocation of the employing maintenance electrician's registration and their ability to do work within the limits of the city of Dubuque. (c) The owner or owners of a single-family dwelling, or mobile home, including the usual accessory building and quarters used exclusively for living purposes may do such electrical work without registration as demonstrated by the capability to do, to the code official, providing that the dwelling or mobile home is occupied by the owner and that a permit is issued as provided in the electrical code. (d) The provisions of this article shall not apply to any regular employee of a public utility who does electrical work for such public utility only, nor shall they apply to the electrical work of a telephone or telegraph company, nor the persons, firms, or corporations performing electrical work for such a company, where such electrical work is an integral part of the plant used by such telephone or telegraph company in rendering its duly authorized service to the public , nor to any regular employee of any railroad who does electrical work only as a part of that employment. (e) The provisions of this article shall not apply to the replacement of integral parts of equipment or appliances by firms or persons in possession of a valid electrical maintenance license issued previously to the firm or person by the building services department of the city under other pertinent city ordinances. (f) The maximum number of state of Iowa licensed apprentice electricians or state of Iowa licensed unclassified persons that may be supervised by a licensed city of Dubuque or state of Iowa master, journeyman, or maintenance electrician shall not exceed one to one (1:1). The supervision ratio of this section need not apply to apprenticeship classroom training. 83-3. Classes Of Dubuque Electrical License. (a) One (1) class of license is hereby established and certificates thereof shall be renewed only upon the direction of the Building Code Advisory and Appeals board. This class shall be designated respectively as: Electrical maintenance license shall entitle the holder thereof to undertake, within the corporate limits of the city of Dubuque, the work of installing, servicing, maintaining, altering, and repairing electrical devices, appliances, and equipment within the confines of property owned or controlled by the firm, business, or company employing such registration holder or within the confines of property owned by an individual. . . . . 83-10. Suspension Of Permit Privilege For Multiple Violations. Where a licensed electrical contractor is found doing electrical work without an electrical permit on three (3) separate occasions in one (1) year, a hearing shall be held by the code official at which time the permit privileges of said electrical contractor may be suspended for a period of time not to exceed one (1) year. The Building Code Advisory and Appeal board as established by article 81-3 shall be present at such hearings and shall act as advisors to the code official in determining the course of action to be taken. . . . . 210.8. Ground-Fault Circuit-Interrupter Protection For Personnel. Ground-fault circuit-interrupter protection for personnel shall be provided as required in 210.8(A) 40 through (F). The ground-fault circuit-interrupter shall be installed in a readily accessible location. 210.8(A) Dwelling Units. All 125-volt, single-phase, 15- and 20-ampere receptacles installed in locations specified in 210.8(A)(1) through 210.8(A)(11) shall have ground-fault circuit-interrupter protection for personnel. (1) Bathrooms. (2) Garages and also accessory buildings that have a floo r located at or below grade level not intended to be habitable rooms and limited to storage areas, work areas or similar use. (3) Outdoors. Exception to (3): Receptacles that are not readily accessible and are supplied branch circuit dedicated to electrical snow-melting, deicing, or pipeline and vessel heating equipment shall be permitted to be installed in accordance with 426.28 or 427.22, as applicable. (4) Crawl spaces – at or below grade level. (5) Basements. Exception to (5): A receptacle supplying only a permanently installed fire alarm or burglar alarm system shall not be required to have ground-fault circuit- interrupter protection. Informational Note: See 760.41B and 760.121(B) for power supply requirements for fire alarm systems. Receptacles installed under the exception to 210.8(A)(5) shall not be considered as meeting the requirements of 210.52(G). (6) Kitchens – where the receptacles are installed to serve the countertop surfaces. (7) Sinks – where the receptacles are installed within 1.8 m (6 ft) from the top inside edge of the bowl of the sink. (8) Boathouses. (9) Bathtubs or shower stalls – where receptacles are installed within 1.8 m (6 ft) of the outside edge of the bathtub or shower stall. (10) Laundry areas. Exception to (1) through (3), (5) through (8), and (10): Listed locking support and mounting receptacles utilized in combination with compatible attachment fittings installed for the purpose of serving a ceiling luminaire or ceiling fan shall not be required to be ground-fault circuit-interrupter protected. If a general- purpose convenience receptacle is integral to the ceiling luminaire or ceiling fan, GFCI protection shall be provided. (11) Indoor damp and wet locations. . . . . 334.10. Uses Permitted. Type NM, type NMC, and type NMS cables shall be permitted to be used in the following: (2) Multifamily dwellings, two (2) stories or less in height, permitted to be of types III, IV, and V construction except as prohibited in 334.12. (3) Other residential or accessory structures, two (2) stories or less in height, permitted to be of types III, IV, and V construction except as prohibited in 334.12. Cables shall be concealed within walls, floors, or ceilings that provide a thermal barrier of material that has at least a fi fteen (15) minute finish rating as identified in listings of fire-rated assemblies. 41 (4) Manufactured buildings as defined and regulated in article 545 of the national electrical code. Manufactured buildings must comply with the provisions of article 545. . . . . Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this 20th day of December, 2021. /s/Roy D. Buol, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 24th day of December, 2021. /s/Adrienne N. Breitfelder, City Clerk 6. Request for Consideration of Project and Facilities Manager: City Manager recommended City Council consideration of the addition of a Project and Facilities Manager for the Leisure Services Department that would directly report to the Leisure Services Manager. Motion by Sprank to receive and file the documents and approve the recommendation. Seconded by Jones. City Council Members thanked City Manager Mike Van Milligen for providing extensive details about this position and funding sources in his memo. Motion carried 7-0. 7. Budget Amendment Two Additional Positions in Human Resources Department : City Manager recommended two additional positions in the Human Resources Department to complete the volume of work and to provide the level of customer service that is needed. Motion by Jones to receive and file the documents and approve the recommendation. Seconded by Cavanagh. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Farber reported on speaking at the University of Dubuque’s Physician Assistant Graduation. Ms. Farber also reported on recently volunteering for the Dubuque Area Labor Harvest, which provided holiday meals and toys to area residents in need. Mayor Buol thanked his council colleagues, city staff, and the residents of Dubuque for their leadership and support throughout his tenure on City Council. There being no further business, Mayor Buol declared the meeting adjourned at 8:05 p.m. /s/Adrienne N. Breitfelder City Clerk