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Boards and Commissions Applications and AppointmentsVACANCIES AND APPLICATIONS FOR CITY OF DUBUQUE BOARDS AND COMMISSIONS For Council Meeting of Monday, December 19, 2011 6:30 p.m., Historic Federal Building, 350 W. 6th Street APPLICANTS ARE INVITED TO ADDRESS THE COUNCIL ON THEIR POSSIBLE APPOINTMENT Housing Code Appeals Board One 3 -year term through January 11, 2015 (Expiring term of Miller) Applicant: Fred Miller, 2462 Central Avenue Investment Oversight Advisory Commission One 3 -year term through July 1, 2012 (Vacant term of Melendez) Applicant Ashlie Simonson, 44 S. Algona Street APPOINTMENTS TO THE FOLLOWING COMMISSIONS TO BE MADE AT THIS MEETING. Human Rights Commission Three 3 -year terms through January 1, 2015 (Expiring terms of Allen, Hansen and Stewart) Applicants: Anthony Allen, 1725 % Delhi Street Kurt Hansen, 511 Nocturnal Lane (Additional Applicant) R.R.S. Stewart, 460 Summit Street This commission is subject to the State of Iowa Gender Balance Law effective January 1, 2012. Mediacom Charitable Foundation One 1 -year term through December 31, 2012 (Expiring terms of Chavenelle and Twining) Applicants: Gail Chavenelle, 1155 Kelly Lane Connie Twinning, 421 N. Booth Street CITY OF DUBUQUE, IOWA - BOARDS AND COMMISSIONS * - Denotes Chairperson; For Information: 589 -4120 AIRPORT COMMISSION - 4 Yr. Term Meets 4th Monday 4 p.m. - Airport Amy Wagner Douglas Brotherton *Michael A. Santillo Charles Daoud Steven R. Accinelli 09 -14 -12 09 -14 -13 09 -14 -13 09 -14 -14 09 -14 -14 AIRPORT ZONING COMMISSION 6 Yr. Term - Apptd. 1996, Meets on Call *Steve Horsfield Linda Lucy Marianne Krause Tom Henschel Vacant (Term of Stiles) (By Board Vote) 01 -03 -02 (County) 12 -31 -02 (County) 12 -31 -08 (CityZAC) 01 -03 -14 (CityZAC) 01 -03 -14 AIRPORT ZONING BOARD OF ADJUSTMENT 5 Year Term, Meets on Call *Vacant Randall J. Klauer Michael A. Ruden Darlene Burds Ron Koppes (By Board Vote) (City ZBA) 02 -15 -11 (CityZBA) 02 -15 -11 (County) 02 -15 -11 (County) 02 -15 -11 ARTS AND CULTURAL AFFAIRS ADVISORY COMM. 3 Yr Term Meets 4th Tues., 4:30, Library Brd Rm. Ellen H Henkels Julie Steffen *Geri Shafer Louise Kames Marina O'Rourke Rosenow Susan Riedel Paul Hemmer (Bus /Prof) 06 -30 -12 (Bus /Prof Dist) 06 -30 -12 (At Large) 06 -30 -12 (Arts) 06 -30 -13 (Arts) 06 -30 -13 (Arts) 06 -30 -13 (Arts) 06 -30 -13 BOARD OF APPEALS - BUILDING CODE Appt. 3 Yr. Term, Meets on Call Vacant (Term of Anglese) (At Lrg) 08 -01 -11 Marla Cruise (ADA Rep) 08 -01 -12 Chuck Carr (Gen. Cont.) 08 -01 -12 Richard G. Luchsinger (At Lrg) 08 -01 -12 John Schwendinger (Jrny.Carp) 08 -01 -13 *F. James Kolf (Arch /Engr.) 08 -01 -13 I (ADA new position awaiting applicants) TBD CITY BOARD OF REVIEW (w /County) Appt. 6 Yr. Term, Meets May 1 -30 Ruth Ann Hanson John F. Ganshirt Donald Lochner Robert Schaub Greg Hutchinson (Realtor) 01 -01 -14 (consul 01 -01 -14 01 -01 -16 01 -01 -17 01 -01 -17 CIVIC CENTER ADV COMMISSION 3 Yr. Term - Meet 4:30 p.m. 4th Monday at Five Flags Cynthia A. Fuller *Bryce Parks Rod Bakke Vacant (Term of Field) Barb Kurt 06 -29 -12 06 -29 -12 06 -29 -13 06 -29 -13 06 -29 -13 CIVIL SERVICE COMMISSION 4 Yr. Term, Meets on Call Elizabeth Takes *Daniel White James Schilling 04 -06 -12 04 -06 -13 04 -06 -14 COMMUNITY DEVEL ADV. COMMISSION 3 Yr. Term, Meets 3rd Wednesday, 5:30 p.m. at Federal Bldg. /Housing Thomas Wainwright (At Large) 02 -15 -12 *Hilary A. Stubben (Low1M Inc A) 02 -15 -12 Paula Maloy, SVM (At Large) 02 -15 -13 Theresa Caldwell (Low/M Inc A) 02 -15 -13 Peter Koshakji (At Large) 02 -15 -13 Ricardo Woods (Housing Rep) 08 -15 -13 Ann Michalski (At- Large) 02 -15 -14 David Shaw (Low/M Inc Area) 02 -15 -14 Vacant (tlo Craddieth) (Low/M Inc Area) 02 -15 -14 ELECTRICAL CODE BOARD 3 Yr. Term; Meets Bi- Monthly Bob Schmidt Paul J. Uhlrich James Dixon Dan Hammel Ronald Mueller Elaine L. Reiss *Kevin Pfohl (Elec. Bkground) 05 -21 -12 (Elec. Bkground) 05 -21 -12 (Elec. Con.) 05 -21 -14 (JouriMaint) 05 -21 -14 (At Large) 05 -21 -14 (Elec. Engr.) 05 -21 -14 (JouriMaint) 05 -21 -14 ENTERPRISE ZONE COMMISSION 3 Year Term, Meets on Call *Rick Stein Dan LoBianco Doug Stillings Richard Van Iten Kelley Deutmeyer Dave Baker Peggy Murray Mike Van Milligen Daniel White (At Large) 2 -15 -12 (At Large) 2 -15 -12 (At Large) 2 -15 -12 (from LRP) 2 -15 -13 (IDED) 2 -15 -13 (Intl Labor) 2 -15 -13 (IA Workforce Dev) 2 -15 -14 (Council Rep) 2 -15 -14 (NICC) 2 -15 -14 ENVIRONMENTAL STEWARDSHIP ADVISORY COMMISSION - 3 Yr. Term Meets 1st Tues. 5 p.m. City Hall Annex Gayle Walter Aditi Sinha Vacant - Youth (Term of Miller) Michael J. Buelow Chad Oberdoerster Wayne Klostermann Stacey Splittstoesser 10 -01 -12 10 -01 -13 06 -01 -13 10 -01 -13 10 -01 -13 10 -01 -14 10 -01 -14 HISTORIC PRESERVATION COMM. Appt. 3 Yr. Term, Meets 3rd Thursday, 5:30 p.m., Federal Bldg D. Joseph Rapp (old Main Interim) 07 -01 -12 Mary Loney Bichell (At Large) 07 -01 -12 Vacant (Term of Knight) (At Large) 07 -01 -12 Christine Olson (At Large) 07 -01 -12 Robert McDonell (Jackson Pk) 07 -01 -13 John E. Whalen, MD (w. into 07 -01 -13 Christopher J. Wand (ArchlAt Lg) 07 -01 -14 *David Klavitter (Langworthy) 07 -01 -14 Mitzi Krey (Cathedral) 07 -01 -14 HOUSING COMMISSION 3 Yr. Term, 4th Tues. 4:00 p.m., Fed Bldg Amy Eudaley 08 -17 -11 Patricia Rogaskie 08 -17 -11 Regine Ronek 08 -17 -11 *David J. Kapler 08 -17 -12 Dorothy Culbertson(Trust Fund Rep)08 -17 -12 Jim Holz (Trust Fund Rep)08 -17 -12 Lisa McAllister (Sec. 8 Area) 08 -17 -12 Judie Root 08 -17 -13 Dorothy Schwendinger, OSF 08 -17 -13 Ricardo Woods (CDAC Rep) 08 -17 -13 HOUSING TRUST FUND ADVISORY COMMITTEE 3 Yr. Term, Meets 6xlYear *Jim Holz (From Hsg) 08 -17 -12 Dorothy Culbertson (From Hsg) 09 -08 -12 Doris M. Hingtgen (At Large) 09 -08 -12 Dorothy Schwendinger (From Hsg ) 08 -17 -13 John V. Walsh (At Large) 09 -08 -13 HOUSING CODE APPEALS BOARD 3 Yr. Term, 3rd Tues. 4:00 p.m. Fed Bldg. Fred Miller Paul Newman *Robert Schaub William J. Kinsella Vacant (Term of Matheos) David Young Vacant (Term of Moore) 01 -11 -12 01 -11 -12 01 -11 -13 01 -11 -13 01 -11 -13 01 -11 -14 01 -11 -14 HUMAN RIGHTS COMMISSION 3 Yr. Term, Meets 2 "d Mon. 4:30 Annex *Anthony Allen Kurt Hansen R.R.S. Stewart Regine Ronek Mitzi Krey Judie Root Andrea Beacham Michael Elliot Miguel Jackson 01 -01 -12 01 -01 -12 01 -01 -12 01 -01 -13 01 -01 -13 01 -01 -13 01 -01 -14 01 -01 -14 01 -01 -14 As prepared for the 12/19/11 Council meeting INVESTMENT OVERSIGHT ADVISORY COMMISSION - 3 Yr. Term, Meets Qtrly; 4th Wednesday 3 p.m. City Hall "A" Brad Chalmers Vacant (Term of Melendez) *Gary Ruden Stephen V. Reisdort Paul Lassance 07 -01 -12 07 -01 -12 07 -01 -13 07 -01 -13 07 -01 -14 LIBRARY BOARD OF TRUSTEES 4 Yr Term, Meets 4th Thurs. 4 p. m. Library Paula Connors John Anderson - Bricker Mike Willis *Diann Guns Fred Miller David Hammer Jenny Leigh Harris (07 -01 -12 (07 -01 -12 07 -01 -13 07 -01 -14 07 -01 -14 (07 -01 -15 (07 -01 -15 LONG RANGE PLAN'G ADV COMM. 3 Yr Term Meets 3rd Wed. 7p.m. Fed Bldg John Pregler Chad Darter Charles Winterwood, MD *James F. Prochaska Vacant (Tenn of Braig) Richard Van Iten Alan Vincent 07 -01 -12 07 -01 -12 07 -01 -13 07 -01 -13 07 -01 -14 (Ent Zone Rep) 07 -01 -14 07 -01 -14 MECHANICAL CODE BOARD 3 Yr. Term - Meets Qrtly, City Hall Corey Valaskey David Grothe Michael P. Kelly Paul J. Papin Ronald Billmeyer Gary Hillard *Tom W. Giese 03 -16 -12 03 -16 -12 03 -16 -13 03 -16 -13 03 -16 -13 03 -16 -14 03 -16 -14 MEDIACOM CHARITABLE FOUNDATION 1 Yr. Term, On -Call, CC Appt'd Reps. Gail Chavenelle Connie Twining 12/31/11 12/31/11 MISSISSIPPI RIVER PARTNERSHIP Council Apptd. Rep - 3 Year Term Edward Cawley (Apptd Citizen Rep) 12 -31 -12 PARK AND RECREATION 3 Year Term Meets 2 "d Tues. 4:30 p.m ADV. COMM. . Bunker Hill Robert Blocker Karen C. Lyness David Schlueter Paul Hoffmann Chuck Harris Kenneth Klinge Evelyn Nadeau 06 -30 -12 06 -30 -13 06 -30 -13 06 -30 -13 06 -30 -14 06 -30 -14 06 -30 -14 PLUMBING CODE BOARD 3 Yr. Term, Meets Quarterly, City Hall Stanley G. Gonner (Master) 11 -02 -11 Vacant (Term of Swift) (At- Large) 11 -02 -12 Dan Harris (At Large) 11 -02 -12 Paul Papin (at will) (Journeyman) 11 -02 -12 *Harlan J. Willenborg (Master) 11 -02 -14 SAFE COMMUNITY ADVISORY CMTE 1 Yr Terms, Terms, Meets Quarterly Anthony Allen Mary Rae Bragg Diane Callahan Jonathan Cheatham Rachel Daack Ann Ernst Doug Stillings SusanStork Amanda Elkins 12131111 12/31/11 12/31/11 12/31/11 12131111 12131111 12131111 12/31/11 12/31/11 SISTER CITY RELATIONSHIPS ADV CMS 3 Yr Terms, Meets Quarterly Kevin Lynch Joyce Connors Jeffrey Jochum William Mclntee Pat McNamara Michael Coty Betty Phillips Louise Thurn Larissa Filimonenko Sheila Castenada Dick Landis Jill Connors Annalee Ward (Council Rep) (Council Rep) 211112 211112 211112 211113 211113 211113 211114 211114 211114 211114 211114 TRANSIT ADVISORY BOARD 3 yr. Term, Meet Monthly, 2nd Thurs. Fed Bldg Matthew Esser Rhonda Knight R.R.S. Stewart George Enderson *Joel Lightcap 07 -30 -12 07 -30 -13 07 -30 -14 07 -30 -14 07 -30 -14 TV CABLE REGULATORY COMMISSION 3 Yr. Term, Meets 2nd Wed OC. 5:30 Annex *Charlie Ellis Kevin R. Stevens Vacant (Term of Bellings) Ronald Tigges Walter Webster 06 -30 -12 06 -30 -13 06 -30 -13 06 -30 -14 06 -30 -14 TV CABLE COMMUNITY TELEPROGRAMMING COMMISSION 3 Yr. Term, Meets 1st Tues. 5:30 Annex Jennifer L. Tigges Alan Vincent Vacant (Term of McDonough) Vacant (Term of Everist) Pauline J. Maloney George P. Herrig Sr. Carol Hoverman 06 -30 -12 06 -30 -12 06 -30 -12 06 -30 -13 06 -30 -14 06 -30 -14 06 -30 -14 ZONING ADVISORY COMMISSION 3 Yr. Term, Meets 1st Wed. 6:30 Fed Bldg Charles Miller Stephen Hardie Patrick Norton Eugene Bird Jr. Martha E. Christ Thomas Henschel Ron Smith 07 -01 -12 07 -01 -12 07 -01 -13 (Airport zC) 07 -01 -13 07 -01 -14 (Airport zc) 07 -01 -14 07 -01 -14 ZONING BOARD OF ADJUSTMENT 5 Yr Term; Meets 4th Thurs. 4 pm Fed Bldg William J. Gibbs Jeff Cremer Heath Hutchinson Michael A. Ruden Randall J. Klauer 03 -25 -12 03 -25 -13 03 -25 -14 (Airport ZBA) 03 -25 -15 (Airport zBA) 03 -25 -16 ❑ = Indicates State - mandated board /commission subject to 2012 Gender Balance Law. Chapter 6 Housing Code Appeals Board 6 -6 -8: HOUSING CODE APPEALS BOARD: A. Created: There is hereby created a housing code appeals board. B. Purpose: The housing code appeals board shall conduct hearings upon application by any person aggrieved by a notice and order of the city manager issued in connection with a violation of this housing code or of any applicable rule or regulation issued pursuant to this housing code. C. Membership; Terms of Office; Vacancies: 1. The housing code appeals board shall be comprised of seven (7) persons who shall be appointed by the city council for terms of three (3) years. All terms of office shall expire on January 11 in their respective years. Reasonable efforts should be made to obtain representation of both tenant and landlord interests in the appointment process. 2. Upon completion of a term of office, a member shall continue to serve in the member's full capacity until a successor has been duly appointed. 3. Vacancies on the board caused by death, resignation or other reason shall be promptly filled by the city council for the unexpired term of office. 4. The board shall elect a chairperson and vice chairperson from its members at the first regular meeting of each year. 5. Members of the board shall be residents of the city and may not be employed by the city. D. Meetings: 1. The housing code appeals board shall meet at least quarterly and at such other times as necessary in order to fulfill its purpose. 2. Members of the board shall attend at least two - thirds (2/3) of all regularly scheduled and held meetings within a twelve (12) month period. If any member does not attend such prescribed number of meetings, it shall constitute grounds for the board to recommend to the city council that the member be replaced. The attendance of all members shall be entered upon the minutes of all meetings. 3. All meetings shall be held in conformance with the provisions of the Iowa open meetings law. 4. The city manager shall serve as secretary to the board and shall render all decisions and findings in writing to the appellant. 5. The city manager shall file with the city clerk a copy of the minutes of each meeting of the board within ten (10) working days after each such meeting. E. Internal Organization And Rules: The housing code appeals board may adopt rules and regulations to govern its organizational procedures as it may deem necessary and which are not in conflict with this chapter or other ordinances of the city. F. Procedures For Operations: All administrative, personnel, accounting, budgetary and procurement policies of the city shall govern the housing code appeals board in all of its operations. (2007 Code § 26 -8) From: "support @civicplus.com" <support @civicplus.com> To: <kfirnsta @cityofdubuque.org >, <dharris @cityofdubuque.org >, <Rboge @cityof... Date: 12/3/2011 12:49 PM Subject: Online Form Submittal: Board /Commission Application Form The following form was submitted via your website: Board /Commission Application Form Select the Board, Commission, or Committee applying for:: Housing Code Appeals Board Name:: Frederick K. Miller Home Address:: 2462 Central Ave. Home Phone Number:: 5635838384 Business Name and Address:: Business Phone Number:: 5635838384 Occupation:: consultant, publisher Email Address:: fkmiller007 @yahoo.com Experience or education which qualifies you for this board or commission:: I have served on the Housing Code Appeals Board for the previous term, with steady attendance and commitment. I understand residential construction, renovation and repair issues, as well as the application of City code to the appeals. What contributions can you make or state reason for applying ?: I am pleased to have the opportunity to serve my community in this capacity. Current service on this Board has involved learning the relevant City code and working effectively with other Board members and City staff. List two reference with names and addresses:: Jay Winger Winger Construction 2175 Washington St. Dubuque, IA Audrey Morey Sec./Treas. - North End Neighborhood Assoc. 2563 Elm St. Dubuque, IA Are you currently serving on other Boards, Commissions, or Committees ?: Yes If yes, which ?: Library Board of Trustees Have you served on a Board, Commission, or Committee before ?: Yes If yes, which ?: Housing Code Appeals Board Signature:: Frederick K Miller Date:: 12/3/2011 INVESTMENT OVERSIGHT ADVISORY COMMISSION 2 -3 -1: COMMISSION CREATED: The investment oversight advisory commission is hereby created. (2007 Code § 2 -231) 2 -3 -2: APPOINTMENT; COMPOSITION; TERMS: A. The investment oversight advisory commission members shall be appointed by the city council. The commission shall be made up of five (5) members of the community with knowledge about investments and finance but with no affiliation with a firm or corporation which does now or may in the future provide investment or financial advice or services to the city. B. Members appointed shall serve three (3) year terms. (2007 Code § 2 -232) 2 -3 -3: POWERS AND DUTIES: The investment oversight advisory commission shall: A. Review the actions and decisions of the finance director -city treasurer and the city's money managers for compliance with the city's investment policy and report any noncompliance to the city council; B. Recommend, as needed, changes in the city's investment policy to the city council; and C. Review the investment performance of the city and the city's money managers and report to the city council concerning same at least quarterly. (2007 Code § 2 -233) 2 -3 -4: REPORTS PROVIDED: The finance director -city treasurer shall provide the investment oversight advisory commission monthly, quarterly and annual reports of the finance director -city treasurer and the city's financial advisors. (2007 Code § 2 -234) 2 -3 -5: RULES: The commission may adopt, amend or rescind such rules as may be necessary for the conduct of its business. (2007 Code § 2 -235) 2 -3 -6: MEETINGS: A. The commission shall meet not less than quarterly as it determines appropriate. B. A quorum of the commission shall be three (3) members. A majority of the members present and voting shall be necessary for the passage of any motion. The chairperson shall vote as a member of the commission. (2007 Code § 2 -236) 2 -3 -7: POLICIES APPLICABLE TO COMMISSION OPERATIONS: All administrative, personnel, accounting, budgetary and procurement policies of the city shall govern the commission in all of its operations. (2007 Code § 2 -238) From: "support @civicplus.com" < support @civicplus.com> To: <kfirnsta @cityofdubuque.org >, <jglennon @cityofdubuque.org> Date: 12/5/2011 5:14 PM Subject: Online Form Submittal: Board /Commission Application Form The following form was submitted via your website: Board /Commission Application Form Select the Board, Commission, or Committee applying for:: Investment Oversight Advisory Commission Name:: Ashlie Simonson Home Address:: 44 S Algona, Dubuque, IA 52001 Home Phone Number:: 5635806704 Business Name and Address:: Edward Jones 3430 Dodge Street Suite 23 Dubuque, IA 52003 Business Phone Number:: 5635821036 Occupation:: Financial Advisor Email Address:: Ashlie.Simonson @edwardjones.com Experience or education which qualifies you for this board or commission:: I have my series 7 and series 66 licenses, as well as my insurance licensees for the state of Iowa and Illinois. I have also previously held a Real Estate License and a mortgage origination license in the state of Iowa. I have been involved in the financial community of Dubuque for over 5 years. What contributions can you make or state reason for applying ?: I am applying to become more involved with the city. I feel my knowledge from being a financial advisor will be beneficial for this committee. List two reference with names and addresses:: Jim Schrempf 712 Thornwood Dubuque, IA 52003 Jeff Hefei 1775 Palm Ct Dubuque, IA 52001 Are you currently serving on other Boards, Commissions, or Committees ?: No If yes, which ?: Select One Have you served on a Board, Commission, or Committee before ?: No If yes, which ?: Select One Signature:: Ashlie Simonson Date:: 12/05/2011 Chapter 2 HUMAN RIGHTS COMMISSION 8 -2 -1: CREATED: There is hereby created a human rights commission. (Ord. 18 -09, 4 -6 -2009) 8 -2 -2: COMPOSITION: The human rights commission created by this chapter shall consist of nine (9) members. (Ord. 18 -09, 4 -6 -2009) 8 -2 -3: APPOINTMENT; TERMS; FILLING OF VACANCIES: The human rights commission members shall be appointed by the city council for terms of three (3) years each and shall serve thereafter until a successor has been appointed. Vacancies shall be filled for the remainder of the unexpired term. Appointments shall take into consideration the various racial, religious, cultural and social groups of the city. (Ord. 18 -09, 4- 6 -2009) 8 -2 -4: OFFICERS: The human rights commission created by this chapter shall elect from its own membership, at its regular March meeting, its chairperson and vice chairperson, each to serve a term of one year. The chairperson shall appoint a secretary, who need not be a member of the commission. The commission shall fill vacancies among its officers for the remainder of the unexpired term. (Ord. 18 -09, 4 -6 -2009) 8 -2 -5: COMPENSATION: The members of the human rights commission created by this chapter shall serve without compensation; provided, that they may receive reimbursement for necessary travel and other expenses while on official commission business and such shall be within the limits established in the city budget. (Ord. 18 -09, 4 -6 -2009) 8 -2 -6: REMOVAL OF MEMBERS FOR UNEXCUSED ABSENCES: In the event a member of the human rights commission created by this chapter has been absent for three (3) or more consecutive meetings without being excused by the chairperson, the commission by majority vote may certify such fact to the city council and petition the city council to declare a vacancy by reason of such unexcused absence and appoint a successor to fill such vacancy. (Ord. 18 -09, 4 -6 -2009) 8 -2 -7: RULES: The human rights commission created by this chapter may adopt, amend, or rescind such rules as may be necessary for the conduct of its business. (Ord. 18 -09, 4 -6 -2009) 8 -2 -8: MEETINGS: A. Regular Meetings: The human rights commission shall meet not less than monthly on a regular basis. B. Special Meetings; Notice: The chairperson, the vice chairperson, or any three (3) members of the human rights commission may call a special meeting by giving at least twenty four (24) hours' notice to every other member of the commission. The call for a special meeting shall include an agenda and only matters included in that agenda may be acted on at the meeting. C. Conformance With Open Meetings Law: All meetings of the human rights commission shall be held in conformance with the Iowa open meetings law'. D. Attendance: Members of the human rights commission shall attend at least two- thirds (2/3) of all regularly scheduled meetings within any twelve (12) month period. If any member does not attend such prescribed number of meetings, it shall constitute grounds for the commission to recommend to the city council that said member be replaced. Attendance of all members shall be entered on the minutes. (Ord. 18 -09, 4 -6 -2009) 8 -2 -9: QUORUM: A quorum of the human rights commission shall be five (5) members. A majority of the members present and voting shall be necessary for the passage of any motion. The chairperson shall vote as a member of the commission. (Ord. 18 -09, 4 -6 -2009) 8 -2 -10: RECORDS TO BE PUBLIC; EXCEPTIONS: All records of the human rights commission shall be public except charges, complaints, reports of investigations, statements, and other documents or records obtained in investigation of any charges shall be closed records. (Ord. 18 -09, 4 -6 -2009) 8 -2 -11: CONFIDENTIALITY OF COMPLAINTS: No member of the human rights commission or its staff shall disclose the filing of a charge, the information gathered during the investigation, or the endeavors to eliminate such discriminatory or unfair practice by conference, conciliation, or persuasion unless such disclosure is made in connection with the conduct of such investigation or after the commission has held a public hearing upon a complaint filed in connection with such charge. This section does not prevent any complainant, witness, or other person from publicizing the filing of a charge or complaint or the matter therein complained of. (Ord. 18 -09, 4 -6 -2009) 8 -2 -12: POWERS AND DUTIES: The human rights commission created by this chapter shall have the following powers and duties: A. To receive, investigate, and finally determine the merits of complaints alleging unfair or discriminatory practices. B. To investigate and study the existence, character, causes, and extent of discrimination in public accommodations, employment, apprenticeship programs, on the job training programs, vocational schools, other educational institutions, and housing in the city and to attempt the elimination of such discrimination by education and conciliation. C. To hold hearings upon any complaint made against a person, an employer, an employment agency, a labor organization, or the employees or members thereof, to subpoena witnesses and compel their attendance at such hearings, to administer oaths and take the testimony of any person under oath and to compel such person, employer, employment agency, labor organization, or employees or members thereof, to produce for examination any books and papers relating to any matter involved in such complaint. The commission shall issue subpoenas for witnesses in the same manner and for the same purpose on behalf of the respondent upon the respondent's request. Such hearings may be held by the commission, by any commissioner, or by any hearing examiner appointed by the commission. If a witness either fails or refuses to obey a subpoena issued by the commission, the commission may petition the district court having jurisdiction for issuance of a subpoena and the court shall, in a proper case, issue the subpoena. Refusal to obey such subpoena shall be subject to punishment for contempt. D. To issue such publication and reports of investigations and research as in the judgment of the commission shall promote civil and respectful behavior which shall tend to eliminate discrimination. E. To prepare and transmit to the mayor and city council from time to time, but not less often than once each year, reports describing its proceedings, investigations, hearings conducted, and the outcome thereof, decisions rendered, and the other work performed by the commission. F. To make recommendations to the city council concerning discrimination. G. To cooperate, within the limits of any appropriations made for its operation, with other agencies or organizations, both public and private, whose purposes are consistent with those of this chapter, in the planning and conducting of programs designed to eliminate discrimination or cultural and intergroup tensions. H. To adopt, publish, amend and rescind regulations consistent with and necessary for the enforcement of this chapter. I. To delegate any of its functions, duties and powers to its staff including functions, duties and powers with respect to investigating, conciliating, determining, certifying, reporting, or otherwise acting as to any work, business, or matter under this title. J. To receive, administer, dispense, and account for any restricted funds that may be voluntarily contributed to the commission and any grants that may be awarded the commission for furthering the purposes of this title. No disbursements will be made of any restricted funds without authority from the city council. (Ord. 18 -09, 4 -6 -2009) 8 -2 -13: CITY POLICIES APPLICABLE TO COMMISSION OPERATIONS: All administrative, personnel, accounting, budgetary and procurement policies of the city shall govern the human rights commission in all its operations. (Ord. 18 -09, 4 -6 -2009) 8 -2 -14: SUBPOENAS: The human rights commission may issue subpoenas and order discovery in aid of investigations under this title. Such subpoenas and discovery may be ordered to the same extent and subject to the same limitations as would apply for county attorney subpoenas. (Ord. 18 -09, 4 -6 -2009) Masterpiece on the Mississippi CITY OF DUBUQUE, IOWA BOARD /COMMISSION APPLICATION Dubuque ANsledcaWly ��II� 2007 Individuals serving on Boards and Commissions play an important role in advising the City Council on matters of interest to our community and its future. The City Clerk's Office, City Hall, 50 West 13th Street, Dubuque, IA accepts applications for any Board and /or Commission at any time, and the application stays active for one year from the date of receipt in the Clerk's Office. At the appropriate regularly scheduled meeting, applications will be submitted to the City Council for their review and applicants are encouraged to address the Council stating their reasons for wanting to serve on this particular Board or Commission. Applicants will be advised when the application is being presented. Appointment to the Board or Commission will be made at a later meeting. Applicants will then be notified as to the outcome of the Council's action. If not appointed at that time, this application will be resubmitted, as needed, as long as the application is active (unless the applicant advises they are no longer interested). DATE: /00/ ADVISORY BOARD /COMMISSION APPLYING FOR: ,_z/d/./467 k i' 4�/' I ? % .40.4-m- r7 /.rj NAME: i�'�QfVy �G /V mil' ^- OCCUPATION: r% / <</ HOME PHONE: 0-A-3) 5 /c & (Some boards /commissions require State of Iowa Gender Balanc ccompliance) ADDRESS: cA (City of Dubuque residency required) ADDRESS: 4.960 (?-A2v /4 POSITION WITH COMPANY: Q-Xo �^�r��'✓i%� BUSINESS PHONE:(.) �So� -Z- rU Db E -MAIL ADDRESS(ES): �LP/ tQ //% /Z- EXPERIENCE, EDUCATION WHICH QUALIFIES YOU FOR THIS BOARD /COMMISSION: 72/ S?.-et./ear' 4' e // 4s c,.' ZaMI-41S Lein ;c( l ,ge'vCr .9-T 2/7797 4 W, 7/ ?, 77 47 /■l i ,9-7z9./ 7/�� / L {, ec.C,771/; , WHAT CONTRIBUTIONS CAN /YOU MAKE OR STATE REASON FOR APPLYING: ` /� / C�`�� f� 4,V1I-/ `moo I�O / /APP7F•62. T /�/ ,!°� C BUSINESS: t� L '/ h (/ i/)-eA v 77 s' 7,97— 5 � �/i'Y/ri! JAE/ riflAdj r ;dZ-i c is , -% &J€ '4 / /6 LIST TWO REFERENCES: NAME: �4 'V LJ NAME: 4/A//1/ 7710/1O ADDRESS: (!..' /-42/.... /aVA/. ADDRESS: L- /77 L n- 61/J'& (2/6<f Specific attention should be directed to possible conflict of interest. For further clarification, if a situation arises, contact the appropriate staff p- o orr ' e City's legal staff. Are you currently ,16743 / _ / r. SIGNATURE: If questions, contact the City Clerk's O e, City Hall, 50 W. 13th St., Dubuque, IA 52001. Phone 563/589 -4120. Fax 563/589 -0890, www.cityofdubuque.org. All names will be dropped from the list after a one -year period. From: "support @civicplus.com" < support@civicplus.com> To: <kfirnsta @cityofdubuque.org >, <klarson @cityofdubuque.org> Date: 12/3/2011 8:21 AM Subject: Online Form Submittal: Board /Commission Application Form The following form was submitted via your website: Board /Commission Application Form Select the Board, Commission, or Committee applying for:: Human Rights Commission Name:: Kurt Hansen Home Address:: 511 Nocturnal Lane Home Phone Number:: 563 - 556 -3444 Business Name and Address:: New Hope Lutheran Church 502 Second Ave. SW Farley, IA 52046 Business Phone Number:: 563 - 542 -3001 Occupation:: Pastor Email Address:: revkurthansen @gmail.com Experience or education which qualifies you for this board or commission:: MSW and eleven years experience in mental health; post -grad training in family systems; MDiv and 16 years experience in pastoral ministry What contributions can you make or state reason for applying ?: to serve my community List two reference with names and addresses:: Dr. Craig Nessan and Dr.. Dan Olson, both can be reached at Wartburg Seminary 333 Wartburg Place, DBQ 52003 Are you currently serving on other Boards, Commissions, or Committees ?: No If yes, which ?: Select One Have you served on a Board, Commission, or Committee before ?: Yes If yes, which ?: Human Rights Commission Signature:: Kurt Hansen Date:: 12/03/2011 Additional Information: Form submitted on: 12/3/2011 8:21 AM Submitted from IP Address: 173.21.106.126 Referrer Page: http:// www. cityofdubuque .org /index.aspx ?nid =78 Masterpiece on the Mississippi CITY OF DUBUQUE, IOWA BOARD /COMMISSION APPLICATION Dubuque amerwally 1IIIJ 2007 Individuals serving on Boards and Commissions play an important role in advising the City Council on matters of interest to our community and its future. The City Clerk's Office, City Hall, 50 West 13`h Street, Dubuque, IA accepts applications for any Board and /or Commission at any time, and the application stays active for one year from the date of receipt in the Clerk's Office. At the appropriate regularly scheduled meeting, applications will be submitted to the City Council for their review and applicants are encouraged to address the Council stating their reasons for wanting to serve on this particular Board or Commission. Applicants will be advised when the application is being presented. Appointment to the Board or Commission will be made at a later meeting. Applicants will then be notified as to the outcome of the Council's action. If not appointed at that time, this application will be resubmitted, as needed, as long as the application is active (unless the applicant advises they are no longer interested). DATE15. November 2011 ADVISORY BOARD /COMMISSION APPLYING FOR: Human Rights Commission (Some boards /commissions require State of Iowa Gender Balance compliance) NAME: R.R.S. Stewart ADDRESS: 460 Summit Street (City of Dubuque residency required) Architectural Historian / Preservation Planner / Substitute Teacher (in Secondary Education) with Dubuque Community School District / Certified Parliamentarian / Law Student OCCUPATION: HOME PHONE: (563) 583 - 4419 Cell :' HONE: (612) 501 - 9747 E -MAIL ADDRESS(ES): countessl 4 @hotmail . com EXPERIENCE, EDUCATION WHICH QUALIFIES YOU FOR THIS BOARD /COMMISSION: I was appointed to the Human Rights Commission on 21 December 2009 and the Transit Board in January 2011. I was elected Vice - Chair of DHRC in April 2011. I organized an ADA 20th Anniversary forum in July 2010 and a joint Human Rights, Housing 'and Transit Summit in August 2011. As I mentioned in my first DHRC application, I have public policy experience and a WHAT CONTRIBUTIONS CAN YOU MAKE OR STATE REASON FOR APPLYING: lifelong passion for the equality of everyone and appreciate being in a position to try to make that happen. I clerked for Representative Isenhart during the 2010 legislative session and since June 2011 I've been taking classes at Drake University Law School. Many days I commute between Dubuque and Des Moines, but I consider Dubuque my residence (I vote here,- my car is regis LIST TWO REFERENCES: tered here, et cetera). NAME: Charles W. Isenhart NAME: Margaret A. Lee ADDRESS:1665 Kaufmann Avenue ADDRESS:1 5 81 0 Humke Road Specific attention should be directed to possible conflict of interest. For further clarification, if a situation arises, contact the appropriate staff person or the City's legal staff. Are you currently serving on a City Board or Commission:YeS Name: Mentioned above SIGNATURE: If questions, contact the City Clerk's Office, City Hall, 50 W. 13th St., Dubuque, IA 52001. Phone 563/589 -4120. Fax 563/589 -0890, www.cityofdubuque.org. All names will be dropped from the list after a one -year period. Masterpiece on the Mississippi CITY OF DUBUQUE, IOWA BOARD /COMMISSION APPLICATION Dubuque Watt inklar 2007 Individuals serving on Boards and Commissions play an important role in advising the City Council on matters of interest to our community and its future. The City Clerk's Office, City Hall, 50 West 13th Street, Dubuque, IA accepts applications for any Board and /or Commission at any time, and the application stays active for one year from the date of receipt in the Clerk's Office. At the appropriate regularly scheduled meeting, applications will be submitted to the City Council for their review and applicants are encouraged to address the Council stating their reasons for wanting to serve on this particular Board or Commission. Applicants will be advised when the application is being presented. Appointment to the Board or Commission will be made at a later meeting. Applicants will then be notified as to the outcome of the Council's action. If not appointed at that time, this application will be resubmitted, as needed, as long as the application is active (unless the applicant advises they are no longer interested). DATE: K ADVISORY BOARD /COMMISSION APPLYING FOR: , I ' I Y d ( t - ( - 5 (j Y I.E L 2 . `-D or)c, . �+ ,- ' n ,,�' �, c (Some boards /commissions require State of Iowa Gender Balance compliance) NAME: (QC � Q�-t - ADDRESS: (I S X,lCLQ (ed2P S'( BUSINESS: Vol L2._-a tO I a-cd ADD ADDRESS: (City of Dubuque res ncy required) �� aJ`-V _ C& S �1 CO6 u OCCUPATION: SSL -nD1 `1421 ,1 POSITION WITH COMPANY: T,R t (O 7 HOME PHONE: CL. 5-b3 Q--D-1(:‘ BUSINESS PHONE:_ E -MAIL ADDRESS(ES): (� Gta C�a-`" ""`J`[ o ` EXPERIENCE, EDUCATION WHICH QUALIFIES YOU FOR THIS BOARD /COMMISSION: hC6it 5oNed GDcGocattloAds2s acn,A Q_uyl put 0 k Q ma u 6 \oc�c�� WHAT CONTRIBUTIONS CAN YOU MAKE OR STATE REASON FOR APPLYING: b3001 kb C131rth L)3- (361/17 nO the-- (ncl (gbriz, LIST TWO REFERENCES: NAME: ?(G.V V(1.e.-r) ADDRESS: V, h ccorpn ) ADDRESS: 60. 1( - rL2, [ v es Specific attention should be directecTfo possible conflict of interest. For further clarification, if a situation arises, contact the appropriate staff person or the City's legal staff. NAME: L0hhl7: iO(htV�� Are you currently serving on a6rArc City Board or Commission: SIGNATURE: a �� Name: r A( t ) Al10.V L CL1Ut �- Foon,W-rin If questions, contact the City Clerk's Office, City Hall, 50 W. 13'h St., Dubuque, IA 52001. Phone 563/589 -4120. Fax 563/589 -0890, www.cityofdubuque.org. All names will be dropped from the list after a one -vear period. RECEIVED 11NOVI6 PM3 :34 City Cer : s Office Dubuque, IA From: "support @civicplus.com" <support@civicplus.com> To: <kfirnsta @cityofdubuque.org> Date: 11/29/2011 10:30 AM Subject: Online Form Submittal: Board /Commission Application Form The following form was submitted via your website: Board /Commission Application Form Select the Board, Commission, or Committee applying for:: Mediacom Charitable Foundation Name:: Constance Twining Home Address:: 421 N. Booth St. Home Phone Number:: 563 - 583 -6870 Business Name and Address:: Outside the Lines Art Gallery, LLC 409 Bluff St. Dubuque, IA 52001 Business Phone Number:: 563 - 583 -9343 Occupation:: co- owner, retail art gallery Email Address:: conkybirdl @aol.com Experience or education which qualifies you for this board or commission:: I was a board member for the Dubuque County Fine Arts Society for 5 years serving in a variety of positions: chair for former Rocco Buda Art Gallery, volunteer: DubuqueFest, Elisha Darlin Art Award banquet etc. I managed the Carnegie Stout Library's "Chicken Project" overseeing a small volunteer staff implementing a city -wide art project commemorating the library's 100th Anniversary. I am co -owner of Outside the Lines Art Gallery (partner: Stormy Mochal)for eight years representing many of our area artists. I was secretary for the Cable Car Square Association for three years, & volunteer for Chili Cook Off & Candlewalk for seven years. What contributions can you make or state reason for applying ?: My history in the visual arts brings an experienced eye & opinion to the table. I believe strongly in this program & will work hard to continue the high level of professionalism & cooperation established by this board through past year's work. List two reference with names and addresses:: Mike Ironside 2660 Coates Dubuque, IA 52003 563- 543 -5214 Mark Wahlert DBQ Museum of Art 701 Locust St. Dubuque, IA 52001 563 - 557 -1851 Are you currently serving on other Boards, Commissions, or Committees ?: Yes If yes, which ?: Mediacom Charitable Foundation Have you served on a Board, Commission, or Committee before ?: Yes If yes, which ?: Mediacom Charitable Foundation 0 D` _o Co o re) m o 0 Signature:: Constance Twining Date:: 11/29/11 Additional Information: Form submitted on: 11/29/2011 10:29 AM Submitted from IP Address: 50.81.37.254 Referrer Page: No Referrer - Direct Link Form Address: http:// www. cityofdubuque .org /Forms.aspx ?FID =75 THE CITY OF DUB E MEMORANDUM April 26, 2005 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Mediacom Franchise Renewal Agreement Co City representatives met with representatives of Mediacom for almost 50 hours over four days in the last two weeks to complete negotiations on the final points related to a 15 -year Cable Television Franchise Agreement, which will, as stated in the agreement, "...renew Mediacom's nonexclusive franchise ... to construct, operate, maintain, update and reconstruct a cable services delivery system in the City..." The City Council was guided in negotiations by extensive research into changing technology and community needs, through written citizen surveys, focus groups, public hearings, and soliciting of local public opinion by mail, by email and by voice mail. The City was certainly restrained by provisions of federal and state law in what could be requested in the franchise. The principle Mediacom representatives in this long and complicated process have included: Bruce Gluckman, V. P . Legal and Regulatory Affairs Charles King, Sr. Vice President, North Central Division Jon Koebrick, Director of Government Relations, North Central Division Scott Westerman, Regional Vice President for Eastern lowa/Western Illinois Lee Ann James, Sr. Manager of Government Affairs Kathy McMullen, Area Manager of Dubuque. Attorneys Eric Breisach and Sharon O'Malley Monahan of the Fleischman & Walsh law firm of Washington, D.C. Representing the City were: Corporation Counsel Barry Lindahl Cable Franchise Administrator Merrill Crawford Cable TV Regulatory Commission Chair Charlie Ellis Attorney Frederick Ellrod III of the Miller & Van Eaton law firm of Washington, D.C. Technical Consultant Richard Nielsen of CBG Communications, Inc. of St. Paul, Minnesota City Manager Michael Van Milligen Other experts and stakeholders contributed to the research, analysis and information gathering stages of the process. The proposed agreement and ordinances, and the interplay among them, are quite complex legally, technically, and financially. An obvious question is why after over three years was an agreement reached at this time? I would attribute the conclusion of this process to several important events. 1. First and foremost, while the City Council wanted a deliberative process that incorporated a tremendous amount of citizen input, and while the City Council listened sincerely to the Mediacom proposals, the City Council, as of December 31, 2004, determined that there would be no further extensions of the existing franchise agreement. The City Council then began the expensive and time - consuming formal process required by the federal government that could have resulted in the termination of the rights of Mediacom to have a franchise in Dubuque. 2. Another important factor was the City Council decision on March 21, 2005, to initiate the process to complete a study to determine the feasibility of establishing a City -owned Municipal Communications Utility. 3. Without a doubt, the formation of a citizen's group that is exploring putting on the November ballot a question to the voters allowing the City to form a Municipal Communications Utility was an important factor. I believe it also helped the negotiations when Senior Vice President of the North Central Division Charles King inserted himself directly into the negotiations. I also believe that he and Area Manager Kathy McMullen will do their best to honor the conditions of the franchise. Throughout the process, the City Council advocated for the cable - related needs and interests of a number of constituencies, including current and future cable subscribers, senior citizens, business and industry, government and educational institutions, nonprofit organizations and others. Ultimately, the City Council has represented the Dubuque taxpayer as stewards of public property granted to Mediacom for private commercial use. The following are the significant terms of the franchise renewal agreement: 1. Franchise Term The proposed franchise term is fifteen (15) years. The franchise would be for the delivery of cable services and would be nonexclusive. 2. Broadcast Basic Tier While the size, contents, and pricing of a basic cable service package cannot be a formal term of the agreement, Mediacom has represented to the City that it will begin to offer a limited "broadcast basic" package with 21 channels. 3. Senior Citizen Discount Mediacom will maintain the current ten percent (10 %) Senior Citizen discount on the 72- channel Family Cable tier, which is currently priced at $45.50 for most subscribers, $40.95 for seniors. There will be no discount on the price of the limited "broadcast basic" package. A subscriber (head of household) who reaches the age of 65 and submits an application to Mediacom with proof of age and proof of at least one other utility in their name at that address will qualify for the Senior Citizen discount. 4. Technology Updating Fund To keep the cable system as technologically current as possible, Mediacom will contribute $300,000 per year in years one through twelve of the franchise, (totaling $3.6 million), to an Updating Fund. This money can only be spent by joint agreement of the City and Mediacom. 5. System Upgrade Within twenty -four (24) months of the signing of the agreement, Mediacom will upgrade the electronics in their Dubuque cable system to increase the total bandwidth (capacity) from the current 750 MHz to 860 MHz. Mediacom would expend all or part of the first four years of contributions to the Updating Fund on this upgrade. 6. Digital vs. Analog While this issue will be subject to significant FCC regulation, Mediacom will be permitted to convert digital signals to analog to avoid making old analog television sets obsolete. They will also strive to pass digital and high- definition (HDTV) signals to the greatest extent possible to accommodate new television receivers designed for these signals. Eventually, the entire television signal spectrum will evolve to digital technology. 7. Institutional Fiber Network (I -Net) Within the first 18 months of the agreement, Mediacom will construct a new "dark fiber" Institutional Network. The term, "dark fiber" means that users, not Mediacom, provide and operate the end devices to Tight the fiber. This I -Net will interconnect 77 government, educational and not -for- profit facilities in Dubuque. The City will be able to use the I -Net for any non - commercial purpose. Hospitals and medical facility use of the I -Net will be restricted to community emergency situations, and all other not -for- profit facilities, including educational institutions, will be subject to restrictions on their use of the I -Net for communications outside the network. 8. ICN Links Mediacom will continue to maintain and operate all existing links to the Iowa Communications Network (ICN) at no charge, and the new fiber I -Net may be interconnected with the ICN. 9. Business Fiber Optic Infrastructure and Services In addition to existing Mediacom fiber optic facilities, as the I -Net is constructed, at least 6 additional new optical fibers will be installed along its route for Mediacom to use in delivering commercial networking services to business and industry. Mediacom will extend fiber in the right -of -way to the curb within six months of a signed agreement by any business for a large bandwidth service requiring fiber, at no additional cost to the business. The monthly charge for the particular communication service will be negotiated between that business and Mediacom. 10. Industrial Parks In addition to any existing Mediacom fiber and the new fibers to be installed along with the I -Net, Mediacom will extend fiber links to Dubuque Technology Park and Dubuque Industrial Center West within two years of the agreement. 11. Trenching When either the City or Mediacom is trenching in the public right -of -way, the other party would have the right to install its own conduit at the same time. However, if the City ever establishes a municipal communications utility that competes with Mediacom, the City would have to reimburse Mediacom on a pro -rata basis for its portion of the trenching costs for any cable the City previously installed in Mediacom trenches. 12. Importing Broadcast Television Signals All broadcast television station signals will be imported into the Dubuque system by optical fiber, resolving a 50- year -old reception problem. 13. Universal Service Mediacom is required to extend residential -type cable service to all businesses and residences within the City. 14. TDD/TTY Mediacom will direct hearing - impaired callers to Answer Iowa, a state- wide service, for assistance. The company will clearly advertise the availability of the Answer -Iowa service. 15. Emergency Alert Unless preempted by the Federal Emergency Alert System, the City would continue to have the ability to issue local alerts, subject to regulation by the FCC. 16. Franchise Fee Mediacom will pay a franchise fee of five percent (5 %) of gross revenues on cable services. If any action of law expands the base upon which franchise fees may be collected, Mediacom will automatically expand its computation and payment of franchise fees in Dubuque accordingly. 17. PEG (Public, Educational, Government) Access Channels Mediacom will continue to provide on its subscriber network two public access television channels, one shared educational access channel, and one government access channel, as is currently offered. In addition, Mediacom will provide a second educational access channel dedicated to 24 -hour, 7 -day programming by the Dubuque Community Schools. On or before December 31, 2006, Mediacom will also make PEG Access programming available to digital subscribers through its Video On Demand service. At such future time as Mediacom carries local broadcast stations in high definition (HDTV), any PEG Access channel will also be transmitted in HDTV format upon request of the entity managing the channel. Throughout the term of the franchise, Mediacom will continue to provide studio production facilities, production assistance, editing, scheduling and playback, equipment maintenance, training, outreach, management and administrative support for users of the public access channels at the same level as was provided as of January 1, 2005. 18. Capital Grants for PEG Access Equipment and Facilities Separate from the franchise fee, Mediacom will deposit 1.75% of gross revenues in an interest - bearing account from which the City may draw for capital support for PEG and I -Net use. 19. Charitable Foundation While not included in the franchise agreement, Mediacom will form a charitable foundation to which the company will contribute .25% of cable service gross revenues (estimated at $25,000 per year) to distribute in the community. The fund will focus upon arts and cultural affairs. The board of the foundation will include Mediacom employees and members of the City's Cultural Affairs Advisory Commission. 20. Remedies Instead of moving directly to termination of the franchise as the only penalty for a violation of the franchise agreement, the new franchise provides incremental steps and monetary penalties for different types of violations. 21. Right -of -Way Ordinance Mediacom's use of the rights of way will be the subject of a separate ordinance based upon one devised by the Iowa Municipal Attorneys Association, with Corporation Counsel Barry Lindahl participating. Although this ordinance will initially apply only to Mediacom, the goal will be to eventually apply the right of way ordinance to all utilities. Separate from the franchise renewal agreement, Mediacom will also create a Cultural Affairs Charitable Mediacom Foundation to provide funding for local arts and cultural affairs activities in the estimated amount of $25,000 per year. The City Council would appoint two of the five members of this Charitable Foundation. Due to prohibitions and restrictions of federal law, several clearly- identified needs and interests could not be required by the City nor incorporated into the terms of a cable franchise renewal. Some of these include: • Regulation of cable subscription rates; • Regulation of programming content (networks /channels offered); • Requiring other non -cable communications services. As a cable television franchise renewal, the franchise agreement does not fully address the community's needs for communication services for residents and businesses. However, as the upgrades and benefits of the cable franchise renewal are implemented, the City will continue to identify needs and pursue other avenues to assure that affordable, state -of -the -art communications services of all types are provided in a competitive market throughout the community. I respectfully recommend Mayor and City Council approval of the Mediacom Cable T.V. Franchise and all related ordinances and documents. Michael C. Van Milligen MCVM /jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Merrill Crawford, Cable Franchise Administrator Charlie Ellis, Cable TV Regulatory Commission Chair Rick Ellrod, Esq. ATTACHMENT A GROSS REVENUES Any and all cash, credits, property or other consideration of any kind or nature derived from the operation of MCC Iowa's Cable System (as such term is defined in federal law) by MCC Iowa its Affiliates, or any other entity that is a cable operator of the Cable System to provide Cable Services (as such term is defined in federal law), except where such revenues must be excluded pursuant to federal or state law. This definition shall be construed so as to include all gross revenues to the maximum extent permitted by federal and state law, except to the extent specifically excluded below and encompasses revenues that may develop in the future, whether or not anticipated. If a statutory change in federal law allows the City of Dubuque to receive greater franchise fees than under federal law as of the effective date of this letter, that change will automatically be reflected in this definition beginning as of the effective date of the change in federal law; provided that the City imposes the same requirement upon any other similarly situated multichannel video provider over which the City has jurisdiction to impose such fees. (1) Gross Revenues include, by way of illustration and not limitation, fees for any Cable Service; installation, disconnection, reconnection, and change -in- service fees; leased channel fees; late fees and administrative fees; fees, payments, launch fees, marketing support, or other payments or consideration received from programmers for carriage of programming on the System; revenues from rentals or sales of Converters or other equipment; studio rental, production equipment, and personnel fees; advertising revenues (including any commissions received by a third party); barter; revenues from program guides; and revenues from home shopping and bank -at -home channels. (2) Gross Revenues shall not include any taxes on services furnished by MCC Iowa which are imposed directly on any subscriber to MCC Iowa's Cable Service or user by the state, the City of Dubuque, or other governmental unit and which are collected by the MCC Iowa on behalf of said governmental unit. Such fees are not a tax, and such expenses shall not be deducted in determining the, amount of the fee due to the Foundation. [Form of Commitment Letter] [MCC Iowa, LLC Letterhead] April , 2005 Mediacom Cultural Affairs Charitable Foundation of Dubuque, Inc. Dubuque, Iowa Attn: President Dear Sir or Madam: MCC Iowa, LLC (the "MCC Iowa "), irrevocably pledges and promises to pay to Mediacom Cultural Affairs Charitable Foundation of Dubuque, Inc. (the " MCC Iowa Foundation ") 0.25% of MCC Iowa's Gross Revenues (as such term is defined in Attachment A hereto), annually, in advance, commencing and continuing for fifteen years, ending . The first such payment shall be This pledge is to be irrevocable and a binding obligation upon MCC Iowa, its successors and assigns. The City of Dubuque Iowa is an intended third party beneficiary of the funding obligation set forth in this letter. MCC IOWA, LLC By: Name: Title: 1714392 City of Dubque Board /Commission Airport Commission Airport Zoning Commission Airport Zoning Board of Adjustment Arts and Cultural Affairs Advisory Commission Building Code Board of Appeals City Board of Review Civic Center Commission Civil Service Commission Community Development Advisory Commission Electrical Code Board Enterprise Zone Commission Environmental Stewardship Advisory Commission Historic Preservation Commission Housing Commission Housing Code Appeals Board Housing Trust Fund Advisory Committee Human Rights Commission Investment Oversight Advisory Commission Library Board of Trustees Long Range Planning Advisory Commission Mechanical Board Mediacom Charitable Foundation Mississippi River Partnership Council Park and Recreation Advisory Commission Plumbing Board Safe Community Advisory Committee Sister City Relationships Advisory Commission Transit Advisory Board TV Cable Regulatory Commission TV Cable Community Teleprogramming Commission Zoning Advisory Commission Zoning Board of Adjustment TOTALS: All City Boards TOTALS: State Gender Balance Boards Updated November 29, 2011 Male Female Total Vacant 4 1 5 2 2 5 1 3 1 5 1 1 6 7 5 1 7 1 4 1 5 2 2 5 1 2 1 3 4 4 9 1 6 1 7 7 2 9 3 2 7 2 5 3 9 1 3 7 10 5 0 7 2 2 2 5 1 4 5 9 4 0 5 1 4 3 7 7 0 7 7 0 7 0 2 2 1 0 1 6 2 8 3 0 5 2 3 6 9 6 7 13 3 2 5 4 0 5 1 2 3 7 2 6 1 7 5 0 5 123 67 207 17 35 17 55 3 State Gender Balance State Gender Balance State Gender Balance State Gender Balance State Gender Balance State Gender Balance State Gender Balance State Gender Balance State Gender Balance 69.16A Gender balance. 1. All appointive boards, commissions, committees, and councils of the state established by the Code, if not otherwise provided by law, shall be gender balanced. No person shall be appointed or reappointed to any board, commission, committee, or council established by the Code if that appointment or reappointment would cause the number of members of the board, commission, committee, or council of one gender to be greater than one —half the membership of the board, commission, committee, or council plus one if the board, commission, committee, or council is composed of an odd number of members. If the board, commission, committee, or council is composed of an even number of members, not more than one —half of the membership shall be of one gender. If there are multiple appointing authorities for a board, commission, committee, or council, they shall consult each other to avoid a violation of this section. 2. All appointive boards, commissions, committees, and councils of a political subdivision of the state that are established by the Code, if not otherwise provided by law, shall be gender balanced as provided by subsection 1 unless the political subdivision has made a good faith effort to appoint a qualified person to fill a vacancy on a board, commission, committee, or council in compliance with subsection 1 for a period of three months but has been unable to make a compliant appointment. In complying with the requirements of this subsection, political subdivisions shall utilize a fair and unbiased method of selecting the best qualified applicants. This subsection shall not prohibit an individual whose term expires prior to January 1, 2012, from being reappointed even though the reappointment continues an inequity in gender balance. 86 Acts, ch 1245, §2041; 87 Acts, ch 218, §8; 88 Acts, ch 1150, §1; 2009 Acts, ch 162, §1, 2 New gender balanced boards requirements for cities Iowa has required gender balance on state -level boards and commissions for many years, under Iowa Code section 69.16A. Last session, the General Assembly passed legislation that applies this requirement to the local level. This Q &A explains background on the legislation, the new requirements in the legislation for cities and how cities can comply. Q: What are the new requirements for gender balance on city boards and commissions? A: During the 2009 legislative session, legislation (HF243) was passed that extends to cities and counties gender balance require- ment for all appointive boards, commissions, committees and councils created by the Iowa code. In other words, bodies cities are required to have under Iowa code when they provide certain functions or services, such as the planning and zoning commission, library boards and the board of adjustment, with appointed (not elected) members, must be gender balanced. Q: What does `gender balanced' mean? A: Gender balance means if the body has an even number of ap- pointees, it must be evenly made up of men and women. For exam- ple, three women and three men must serve on a six member board. If the body has an odd number of appointees, it must be "one half plus one" of either gender. For instance, if there are five members, three could be men and the other two women, or vice versa. Q: When do the changes go into effect? A: Cities must have gender balanced boards, commissions, com- mittees and councils by January 1, 2012. This does not prohibit an individual whose term expires prior to January 1, 2012, from being reappointed even though the reappointment continues an inequity in gender balance; however, cities should start planning upcoming appointments now, to ensure gender balance is reached by that date. Making a chart of existing boards and upcoming vacancies, and/ or keeping track of current appointments and necessary recruit- ing periods would be a good start to ensuring your city is tracking gender balance, and is prepared for the January 1, 2012 implementa- tion date. Q: Is there any option if my city simply cannot find a person to serve on the board or commission of the needed gender? A: Yes. Under the new code section, cities that make a good faith effort to find a qualified person of the necessary gender to fill the position for a period of three months and are unable to do so may appoint a person to the position regardless of the gender balance requirement. Q: What constitutes a "good faith effort "? A: There is no hard and fast definition, but cities should be able to demonstrate a legitimate effort during the three month time period to recruit qualified members of the necessary gender, before appointing a member that creates gender imbalance. In addition, the legislation requires that cities must always "utilize a fair and unbiased method of selecting the best qualified applicants," regard- less of gender. Q: Is there a reporting requirement? A: No. The legislation did not include a reporting requirement; however, many cities keep information on their boards and commissions — including current members- posted online, to better inform citizens of the makeup of local governing bodies. Q: How can I recruit more women or men to volunteer for these positions? A: The Commission on the Status of Women has prepared a guide to help cities learn how to recruit gender balanced boards and com- missions. This resource can be found at www.women.iowa.gov/ whats_new /index.html. The Commission also prepared a guide called the "Five Step Guide to City and County Boards and How to Get Appointed" to be used as a tool by interested women to learn more about how to get involved in city boards and commissions. By Jessica Hyland Harder, League Government Affairs Counsel rd. Celebrating an environmental victory... FOX Engineering has received a 2008 Governor's Iowa Environmental Excellence Award in the Water Quality category. Undertaken for the city of North Liberty, this project involves a membrane bioreactor method of treating wastewater and provides a significantly higher effluent water quality compared to conventional wastewater treatment processes. Used on a limited basis in the U.S. it is the first of its kind in Iowa. The city has certainly "gone the extra mile" to improve the water quality in their receiving stream; they are to be commended for their foresight and respect for the environment. FOX would also like to acknowledge the contributions of the city's consulting engineer, Shive - Hattery Engineering and Architecture. "Your efforts truly exhibit the leadership and innovation important for furthering environmental sustainability in Iowa." Governor Chester Culver Caii us to find out more about this and other interesting projects at FOX. . i Visit our booth, #62, at the fall League of Cities conference in Davenport! W A T E R 1 1601 Golden Aspen Drive, Suite 103 1 Ames, Iowa 50010. 515.233.0000 1 800.433.3469 1 www.foxeng.com WASTEWATER 1 S O L I D W A S T E September 2009 Cityscape 22