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1 5 15 City Council Processdings Official_RegularCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on January 5, 2015 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sut- ton; City Manager Van Milligen, City Attorney Lindahl 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 PROCLAMATION(S) 1. Camp Lifetree Week (June 21-27, 2015): was accepted by Mark Beard, Executive Director, Camp Lifetree Dubuque. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Connors. Motion carried 7-0. 1. Minutes and Reports Submitted: Civil Service Minutes 12/15; Human Rights Commission Minutes 11/10; Library Board Minutes 10/20 and 11/19; Sister City Minutes 11/12; Parks and Recreation Minutes 12/9; Proof of Publication for City Council pro- ceedings of 12/1. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Society Ins. (Marian Backes) for personal injury; Queck Capital for property damage. Upon motion the documents were received, filed and re- ferred to the City Attorney. 3. Disposition of Claims: City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As- surance Pool: Marian Backes for personal injury. Upon motion the documents were re- ceived, filed and concurred. 4. Mediacom Communications Company: Correspondence from Mediacom Commu- nications Company advising the City of a programming additions and rate adjustments on or about January 15th. Upon motion the documents were received and filed. 5. Proposed Amendment for 2015 State Priorities: City Manager recommending the Food Residual Composting issue be deleted from the City of Dubuque's 2015 State Legislative Priorities. Upon motion the documents were received, filed and approved. 6. Bloomberg Philanthropies Public Art Challenge - Letter of Intent: City Manager recommending approval to submit a Bloomberg Philanthropies Public Art Challenge Let- ter of Intent. Upon motion the documents were received, filed and approved. 7. Iowa Community Attraction and Tourism (CAT) Grant Request: The National Mis- sissippi River Museum & Aquarium requesting endorsement of an application for a grant from the Iowa Community Attraction and Tourism (CAT) program. Upon motion the documents were received and filed and Resolution No. 01-15 Authorizing Community Attraction and Tourism (CAT) Grant Application from the National Mississippi River Mu- seum & Aquarium of the Dubuque County Historical Society was adopted. RESOLUTION NO. 1-15 AUTHORIZING COMMUNITY ATTRACTION AND TOURISM (CAT) GRANT APPLI- CATION FROM THE NATIONAL MISSISSIPPI RIVER MUSEUM & AQUARIUM OF THE DUBUQUE COUNTY HISTORICAL SOCIETY Whereas, the City of Dubuque (City) and the National Mississippi River Museum & Aquarium of the Dubuque County Historical Society (Museum) have partnered in the successful implementation of the America's River project for the benefit of Dubuque and the entire state of Iowa; and Whereas, the City believes that continued improvements to the Museum will have tangible educational and economic benefits for Dubuque and the State of Iowa that will enhance the lives of Iowans, build on Iowa's unique assets and values, and expand the cultural, recreational, entertainment and educational opportunities in the state. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; The City Council formally endorses the January 15, 2015 application of the National Mississippi River Museum & Aquarium to the Community Attraction and Tourism (CAT) program of the state of Iowa. Passed, approved and adopted this 5th day of January, 2015. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 8. Property Acquisition - 1980 Rockdale Road: City Manager recommending approval to acquire property located at 1980 Rockdale Road from Ruth Willis. Upon motion the documents were received and filed and Resolution No. 02-15 Approving the Acquisition of Real Estate Owned by Ruth A. Willis in the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 2-15 APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY RUTH A. WILLIS IN THE CITY OF DUBUQUE, IOWA Whereas, the City of Dubuque intends to acquire the property located at 1980 Rock- dale Road, Dubuque, Iowa (the Property) owned by Ruth A. Willis; and Whereas, the Property is not currently part of or located within the Bee Branch Creek Restoration Project or any other federally funded public improvement project; and Whereas, the acquisition of the Property is a voluntarily negotiated purchase by the City of Dubuque under Section 6B.1A of the Code of Iowa, and is not an acquisition by the City of Dubuque through its exercise of the power of eminent domain under Chapter 6B of the Code of Iowa; and Whereas, an Offer to Buy and Acceptance has been negotiated with the owner of the Property, a copy of which is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa hereby approves the Offer to Buy and Ac- ceptance. Section 2. That the City of Dubuque be and is hereby authorized to accept a Warran- ty Deed from the owner, conveying the owner's interest to the City of Dubuque, Iowa for the Property. Section 3. That the City Clerk be and is hereby authorized and directed to cause the Warranty Deed to be recorded in the office of the Dubuque County Recorder, together with a certified copy of this Resolution. Section 4. That the City Clerk be and is hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. Passed, approved and adopted this 5th day of January, 2015. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 9. Property Acquisition - 396 W. Locust Property: City Manager recommending ap- proval to acquire property at 396 West Locust Street from DB&T Community Corp. Up- on motion the documents were received and filed and Resolution No. 3-15 Approving the Acquisition of real estate owned by DB&T Community Development Corp at 396 West Locust in the City of Dubuque, was adopted. RESOLUTION NO. 3-15 APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY DB&T COMMUNI- TY DEVELOPMENT CORP AT 396 WEST LOCUST IN THE CITY OF DUBUQUE Whereas, the City of Dubuque intends to acquire certain real estate for the purpose of rehabbing and reselling to income qualified households; and Whereas, a purchase agreement has been finalized with the owner of the property scheduled for acquisition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves the acquisition of the following legally described property: Lot 1-15 Cooley's Subdivision in the City of Dubuque, Iowa, according to the rec- orded plat thereof, At the cost of Thirty -Seven Thousand One Hundred Eight Dollars) ($37,180.00). Section 2. That the City of Dubuque hereby approves the acquisition of 396 West Lo- cust owned by DB&T Community Development Corp at the cost of Thirty -Seven Thou- sand One Hundred Eighty Dollars ($37,180.00). Section 3. That the City of Dubuque be and is hereby authorized to accept a Warran- ty Deed from the owner, conveying the owner's interest to the City of Dubuque, Iowa for the herein described real estate. Section 4. That the City Clerk be and is hereby authorized and directed to cause said Warranty Deed to be recorded in the office of the Dubuque County Recorder, together with certified copy of the Resolution. Section 5. That the City Clerk be and is hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. Passed, approved and adopted this 5th day of January, 2015. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 10. SRF Green Alley Project Bid Set 3 Year 1: City Manager recommending ac- ceptance of the construction contract for the SRF Green Alley — Bid Set 3 Year 1 Pro- ject, and further recommending adoption of the Final Schedule of Assessments. Upon motion the documents were received and filed and Resolution No. 4-15 Accepting the SRF Green Alley Project - Bid Set 3 Year 1 and Authorizing the payment of the contract amount to the contractor and Resolution No. 5-15 Adopting the Final Assessment Schedule for the SRF Green Alley Project - Bid Set 3 Year 1 were adopted. RESOLUTION NO. 4-15 ACCEPTING THE SRF GREEN ALLEY PROJECT - BID SET 3 YEAR 1 AND AU- THORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the SRF Green Alley Project - Bid Set 3 Year 1 (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted. 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 SRF Green Alley Project fund for the contract amount of $542,386.92 less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code chapter 573. Passed, approved and adopted this 5th day of January, 2015. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE SRF GREEN ALLEY PROJECT - BID SET 3 YEAR 1 The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the SRF Green Alley Project - Bid Set 3 Year 1, that the Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $623,744.96. Dated this 5th day of January, 2015. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 5th day of January, 2015. /s/ Trish L. Gleason, Assistant City Clerk RESOLUTION NO. 5-14 ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE SRF GREEN ALLEY PROJECT - BID SET 3 YEAR 1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: After full consideration, the Final Schedule of Assessments as shown on the attached sheet(s), Page 1 to Page 3 inclusive, is hereby approved for the SRF Green Alley Pro- ject - Bid Set 3 Year 1. There is hereby assessed and levied as a special tax against and upon each of the benefited properties, the respective sums indicated. The amounts shown in said Final Schedule of Assessments as deficiencies are found to be proper and levied conditional- ly against the respective properties benefited by the improvements as shown in the Fi- nal Schedule of Assessments, subject to the provisions of Iowa Code § 384.63. Said assessments against said lots are hereby declared to be in proportion to the special benefits conferred and not in excess of twenty-five percent of the value of same. The City Clerk be and is hereby directed to certify the Final Schedule of Assessments to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certifi- cation once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the Final Schedule of Assessments. On or before the date of the second pub- lication of the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided in Iowa Code § 384.60. The assessments may be paid in full or in part without interest at the office of the City Treasurer, City Hall, 50 W. 13th Street, Dubuque, Iowa, at any time within 30 days after the date of the first notice of the Final Schedule of Assessments. Thereafter, unpaid as- sessments of $100.00 or more are payable in 15 annual installments at the County Treasurer's Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, and will draw annual interest at three percent (3%) computed to December 1 next fol- lowing the due dates of the respective installments as provided in Section 384.65 of the Code of Iowa. Each installment will be delinquent from October 1 following its due date on July 1 of each year. However, when the last day of September is a Saturday or Sun- day, that amount shall be delinquent from the second business day of October. Delin- quent installments will draw the same delinquent interest as ordinary taxes. Property owners may elect to pay any annual installments semi-annually in advance. Passed, approved and adopted this 5th day of January, 2015. Roy D, Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 11. SRF Green Alley Project Bid Set 5 Year 1: City Manager recommending ac- ceptance of the construction contract for the SRF Green Alley — Bid Set 5 Year 1 Pro- ject, and further recommending adoption of the Final Schedule of Assessments. Upon motion the documents were received and filed and Resolution No. 6-15 Accepting the SRF Green AIIey Project - Bid Set 5 Year 1 and Authorizing the payment of the contract amount to the contractor and Resolution No. 7-15 Adopting the Final Assessment Schedule for the SRF Green AIIey Project - Bid Set 5 Year 1, were adopted. RESOLUTION NO. 6-15 ACCEPTING THE SRF GREEN ALLEY PROJECT - BID SET 5 YEAR 1 AND AU- THORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the SRF Green AIIey Project - Bid Set 5 Year 1 (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the SRF Green AIIey Project fund for the contract amount of $138,041.19 less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code chapter 573. Passed, approved and adopted this 5th day of January, 2015. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE SRF GREEN ALLEY PROJECT - BID SET 5 YEAR 1 The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the SRF Green AIIey Project - Bid Set 5 Year 1, that the Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $158,747.37. Dated this 5th day of January, 2015. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 5th day of January, 2015. /s/Trish L. Gleason, Assistant City Clerk RESOLUTION NO. 7-15 ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE SRF GREEN ALLEY PROJECT - BID SET 5 YEAR 1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: After full consideration, the Final Schedule of Assessments as shown on the attached sheet(s), Page 1 to Page 1 inclusive, is hereby approved for the SRF Green Alley Pro- ject - Bid Set 5 Year 1. There is hereby assessed and levied as a special tax against and upon each of the benefited properties, the respective sums indicated. The amounts shown in said Final Schedule of Assessments as deficiencies are found to be proper and levied conditional- ly against the respective properties benefited by the improvements as shown in the Fi- nal Schedule of Assessments, subject to the provisions of Iowa Code § 384.63. Said assessments against said lots are hereby declared to be in proportion to the special benefits conferred and not in excess of twenty-five percent of the value of same. The City Clerk be and is hereby directed to certify the Final Schedule of Assessments to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certifi- cation once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the Final Schedule of Assessments. On or before the date of the second pub- lication of the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided in Iowa Code § 384.60. The assessments may be paid in full or in part without interest at the office of the City Treasurer, City Hall, 50 W. 13th Street, Dubuque, Iowa, at any time within 30 days after the date of the first notice of the Final Schedule of Assessments. Thereafter, unpaid as- sessments of $100.00 or more are payable in 15 annual installments at the County Treasurer's Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, and will draw annual interest at three percent (3%) computed to December 1 next fol- lowing the due dates of the respective installments as provided in Section 384.65 of the Code of Iowa. Each installment will be delinquent from October 1 following its due date on July 1 of each year. However, when the last day of September is a Saturday or Sun- day, that amount shall be delinquent from the second business day of October. Delin- quent installments will draw the same delinquent interest as ordinary taxes. Property owners may elect to pay any annual installments semi-annually in advance. Passed, approved and adopted this 5th day of January, 2015. Roy D, Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 12. Pre -Annexation Agreement - 14682 Old Highway Rd., Rodney and Diann Moz- ena: City Manager recommending approval of a Pre -Annexation Agreement with Rod- ney M. and Diann T. Mozena, property owners at 14682 Old Highway Road. Upon mo- tion the documents were received and filed and Resolution No. 8-15 Approving a Pre - Annexation Agreement between the City of Dubuque, Iowa and Rodney M. and Diann T. Mozena, was adopted. RESOLUTION NO. 8-15 APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBU- QUE, IOWA AND RODNEY M. AND DIANN T. MOZENA Whereas, Rodney M. and Diann T. Mozena, the owner of the following described property in Dubuque County, Iowa (the Property) have submitted to the City Council of the City of Dubuque an application for voluntary annexation of the Property to the City of Dubuque: Lot 2-2-1-1-2 SW 1/4 NW 1/4 in Dubuque County, Iowa; and Whereas, Rodney M. and Diann T. Mozena 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 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 in- terest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Pre -annexation Agreement by and between Rodney M. and Diann T. Mozena and the City of Dubuque is hereby approved. Passed, approved and adopted this 5th day of January, 2015. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 13. Title Transfer for 1598 Washington: City Manager recommending approval au- thorizing the transfer of title for City -owned real property located at 1598 Washington Street, to Community Housing Initiatives Inc. Upon motion the documents were received and filed and Resolution No. 9-15 Approving the Transfer of Title of Real Estate located at 1598 Washington Street, in the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 9-15 APPROVING THE TRANSFER OF TITLE OF REAL ESTATE LOCATED AT 1598 WASHINGTON STREET, IN THE CITY OF DUBUQUE, IOWA Whereas, the City acquired the property at 1598 Washington Street for the purpose of its restoration and re -sale for owner -occupied housing in the Washington Neighbor- hood; and Whereas, such purpose supports the Washington Neighborhood Revitalization Strat- egy as approved by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves the transfer of title for the fol- lowing legally -described property: Lot 2 of Lot 1 of Lot 12 in East Dubuque, an addition in the City of Dubuque, Iowa, according to the recorded plat there — 1598 Washington Street valued at $50,000. Section 2. That the City of Dubuque be and is hereby authorized to provide a Special Warranty Deed to the buyer, conveying the City's interest to Community Housing Initia- tives, Inc. (CHI) for the herein -described real estate. Section 3. That the Assistant City Clerk be and she is hereby authorized and directed to cause said Special Warranty Deed to be recorded in the Office of the Dubuque Coun- ty Recorder, together with certified copy of the Resolution. Section 4. That the Assistant City Clerk be and she is hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Au- ditor. u- ditor. Passed, approved and adopted this 5th day of January, 2015. Roy D Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 14. Alcohol Compliance Civil Penalty for Alcohol License Holder — Aldi, Inc. #80: City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Aldi, Inc. #80, 2160 Holliday Dr. Upon motion the doc- uments were received, filed and approved. 15. Liquor License Renewals: City Manager recommending approval of annual liquor, beer, and wine licenses as submitted. Upon motion the documents were received and filed and Resolution No. 10-15 Approving Applications for Beer, Liquor, and/or Wine Permits, as required by City of Dubuque Code of Ordinances Title 4 Business and Li- cense Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits, was adopted. RESOLUTION NO. 10-15 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 LIQ- UOR, BEER AND WINE LICENSES AND PERMITS Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted and filed with the City Council for approval and the same have been examined and ap- proved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and the applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Clerk is hereby authorized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required documentation: Renewals Baymont Inn & Suites 4025 McDonald Dr. Class B Liquor (Outdoor) (Sunday) Best Western Plus Dubuque 3100 Dodge St. Class B Liquor (Catering) (Outdoor) Hotel/ Champps Americana (Sunday) Breezers Pub Company Hy -Vee Clubroom Hy -Vee Gas #2 The Lounge United Auto. Workers, Local #94 New 600 Central Ave. 400 S. Locust St. 2435 NW Arterial 481 Locust St. 3450 Central Ave. Class C Liquor Special Class C Liquor (Sunday) Class B Native Wine (Sunday) Class C Liquor (Outdoor) Class B Beer, Class B Native Wine (Sunday) Pinot's Palette Dubuque 955 Main St. Class B Native Wine (Sunday) Passed, approved and adopted this 5th day of January, 2015. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk BOARDS/COMMISSIONS Appointments to the following commissions to be made at this meeting. 1. Housing Code Appeals Board: Two, 3 year terms through January 11, 2018 (Expir- ing terms of Gotz and Miller) Applicants: Mary Gotz, 1844 Bennett St. and Fred Miller, 2462 Central Ave. Motion by Braig to appoint Ms. Gotz, and Mr. Miller, to 3 -year terms through January 11, 2018. Seconded by Resnick. Motion carried 7-0. 2. Human Rights Commission: Three, 3 year terms through January 1, 2018 (Expir- ing terms of Allen, Lee and Stewart) One, 3 year term through January 1, 2017 (Vacant term of Ostwinkle) Applicants: Anthony Allen, PO Box 1721; Frederick Davis Jr., 348 West 1st St.; Nikkole Nutter, 2897 Asbury Rd.; R.R.S Stewart, 460 Summit St.; and Shirley Templeton Vaughn, 2973 Castle Woods Ln. Upon roll call vote, Mr. Davis Jr. (Braig, Buol, Connors, Jones, Lynch, Resnick, Sutton) and Ms. Templeton Vaughn (Braig, Buol, Connors, Jones, Resnick, Sutton) were appointed to 3 -year terms through January 1, 2018. Upon Tie -breaking roll call vote, Mr. Allen (Buol, Connors, Jones, Lynch) was appointed to a 3 -year term through January 1, 2018. Upon roll call vote, Ms. Nutter (Braig, Buol, Jones, Lynch, Resnick, Sutton), was appointed to a 3 year term through January 1, 2017. 3. Zoning Advisory Commission: One, 3 year term through July 1, 2015 (Vacant term of Miller) Applicants: Justin McCarthy, 315 River Ridge St.; Laura Roussell, 3224 Bitter- sweet Ln.; and Greg Yoko, 3660 Seville. Upon roll call vote, Ms. Roussell (Braig, Buol, Connors, Jones, Resnick) was appointed to a 3 year term through July 1, 2015. 4. Zoning Board of Adjustments: One, 5 year term through March 25, 2017 (Vacant term of Gibbs) Applicant: Bethany Golombeski, 65 Cambridge Ct. Motion by Lynch to appoint Ms. Golombeski to a 5 -year term through March 25, 2017. Seconded by Braig. Motion carried 7-0. PUBLIC HEARINGS Upon motion the rules were suspended allowing any one present to address the City Council on the following items: 1. Interstate Power and Light Company Franchise Agreement: Proof of publication on notice of public hearing to consider an ordinance granting to Interstate Power and Light Company, its successors and assigns, the right and non-exclusive franchise to acquire, construct, erect, maintain and operate in the City of Dubuque, Iowa, an electric system and to furnish and sell electric energy to the City and its inhabitants and authorizing the City to collect franchise fees for a period of 25 years and the City Manager recommend- ing approval. Motion by Connors to receive and file the documents and that the re- quirement 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. Se- conded by Braig. Motion Carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 1-15 Re- pealing Ordinance No. 58-93 and granting to Interstate Power and Light Company, Its Successors and Assigns, The Right and Non -Exclusive Franchise to Acquire, Construct, Erect, Maintain and Operate in the City of Dubuque, Iowa, an electric system and to fur- nish and sell electric energy to the City and its inhabitants and authorizing the City to collect franchise fees for a period of 25 years. Seconded by Braig. Raki Giannakouros, 1640 Lawndale Street, spoke regarding the deration of the agreement and possible re- negotiations. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 1-15 REPEALING ORDINANCE NO. 58-93 AND GRANTING TO INTERSTATE POWER AND LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT AND NON- EXCLUSIVE FRANCHISE TO ACQUIRE, CONSTRUCT, ERECT, MAINTAIN AND OPERATE IN THE CITY OF DUBUQUE, IOWA, AN ELECTRIC SYSTEM AND TO FURNISH AND SELL ELECTRIC ENERGY TO THE CITY AND ITS INHABITANTS AND AUTHORIZING THE CITY TO COLLECT FRANCHISE FEES FOR A PERIOD OF 25 YEARS BE IT ENACTED by the City Council of the City of Dubuque, Iowa: Section 1. Except as explicitly provided in Section 12 hereof regarding the continua- tion of the present franchise fee, Ordinance No. 58-93 (City Code Sections 11- 5A-1 through 11-5A.24 both inclusive) and all amendments and supplements thereto shall upon the effective date of this franchise be repealed and replaced by this Ordinance. Upon the effective date of this ordinance, all prior electric franchises granted to the Company to furnish electric service to the City and its inhabitants are hereby repealed and all other ordinances or parts of ordinances in conflict herewith are also hereby re- pealed. Section 2. There is hereby granted to Interstate Power and Light Company, (hereinaf- ter called "Company") and to its successors and assigns, the right and non- exclusive franchise to acquire, construct, reconstruct, replace, erect, maintain and operate in the City of Dubuque, Iowa (hereinafter called the "City") a system for the distribution of elec- tric energy along, under, over and upon the streets, avenues, rights of way, alleys, pub- lic places or public grounds (excluding parks) to serve customers within the City, and to furnish and sell electric energy to the City and its inhabitants. The City Council reserves to itself the right to extend this franchise to specific areas or corridors within parks at the request of the Company. The Company is granted the right to exercise of powers of em- inent domain. This franchise shall be effective for a twenty-five (25) year period from and after the effective date of this ordinance. Section 3. The Company shall have the right to erect all necessary poles and to place thereon and attach thereto the necessary wires, guys, anchors, fixtures and accessories as well as to excavate and bury conduits or conductors and related equipment and ap- purtenances for the distribution of electric energy in and through the City, provided the same shall be placed in accord with this franchise and the City Code and regulations of the City of Dubuque regarding the placement, replacement, repair or construction of structures, facilities, accessories or other objects in the right of way by utilities and other users of the right of way, including ordinances which assign corridors or other place- ments to users of the right of way and requirements which may be adopted regarding separations of structures, facilities, accessories or other objects. Section 4. The City may require the Company for the purposes of facilitating the con- struction, reconstruction, maintenance or repair of the street, avenue, right of way or al- ley, public places or grounds in accord with the ordinances of the City at the Company's cost and expense in accordance with Iowa law, including Company's Tariff on file with and made effective by the Iowa Utilities Board as may subsequently be amended, to construct, replace, repair, locate and relocate its existing facilities or equipment in, on, over or under any public street, avenue, right of way, alley, public places or grounds in the City in such a manner as the City may reasonably require, except the Company shall not be required to construct, replace, repair, locate and relocate existing facilities where Company facilities are located in private easements (whether titled in the Com- pany or other entities) unless said private easement is upon land owned by the City. If the City orders or requests the Company to relocate its existing facilities or equip- ment for any reason other than as specified above, or as the result of the initial request of a commercial or other non-public development, the Company shall receive payment for the cost of such relocation as a precondition to relocating its existing facilities or equipment. The Company shall not be required to relocate, at its cost and expense, Company fa- cilities in the public right of way that have been relocated at Company expense at the direction of the City in the previous three (3) years. The City shall consider reasonable alternatives in designing its public works projects so as not arbitrarily to cause the Company unreasonable additional expense in exercis- ing its authority under this section. The City shall also provide a reasonable alternative location for the Company's facilities as part of its relocation request. Section 5. In making excavations in any streets, avenues, alleys and public places for the installation, maintenance or repair of any conductor, conduit or other appurtenance or the erection of poles and wires or other appliances, the Company shall not unrea- sonably obstruct the use of the streets, avenues, alleys or public places. The Company in making any such excavations shall, if required by ordinance, obtain a City permit therefore and shall not unnecessarily obstruct the use of streets, avenues, alleys, or public places and shall provide the City Manager or City Manager's designee or such other person as the City may designate with 24 hours' notice prior to the actual com- mencement of the work, and shall comply with all provisions and requirements of the City in its regulation of the use of City right of way in performing such work. In emergen- cies which require immediate excavation, the Company may proceed with the work without first applying for or obtaining a permit, provided, however, that the Company shall apply for and obtain an excavation permit as soon as possible after commencing such emergency work. The Company shall comply with all provisions and requirements of the City in its regulation of the use of City right of way in performing any excavations. The Company shall comply with all city ordinances regarding paving cuts, placement of facilities and restoration of pavement and other public infrastructure. The Company shall replace the surface, restoring the condition as existed prior to the Company's excava- tion, but shall not be required to improve or modify the public right of way unless said improvement is necessary to meet a SUDAS (Statewide Urban Design and Specifica- tions) standard, a requirement of the Americans with Disabilities Act, or any other standard mandated by state or federal law, provided however, if any improvement is re- quested or required for aesthetic, cosmetic or similar purposes not mandated by state or federal law the City shall reimburse the Company the incremental cost of such im- provements. The Company shall complete all repairs in a timely and prompt manner. Company agrees any replacement of road surface shall conform to current City ordi- nances regarding its depth and composition. Section 6. The City when vacating a street, avenue, alley, public ground or public right-of-way shall not deprive the Company of its right to operate and maintain existing facilities and their replacements on, below, above, or beneath the vacated property. Pri- or to the City abandoning or vacating any street, avenue, alley, right of way or other public ground where the Company has electric facilities, the City shall grant the Compa- ny a utility easement for said facilities. This paragraph shall not apply to the realign- ment, reconstruction, or vacation of streets or alleys in a designated urban renewal ar- ea; provided, however, the City shall identify, reserve and make available alternate loca- tions for facilities to serve the designated urban renewal area consistent with the tech- nical needs of the Company. Section 7. The Company agrees that, unless there are extenuating circumstances because of damage, supply shortage or other reason beyond the Company's control, the Company shall replace any street light which is burned out or otherwise not func- tioning within ten days of receipt of written notice specifying the street light in need of replacement or repair. If because of extenuating circumstances the Company will not be able to replace or repair a street light within ten (10) days after notice, the Company shall notify the City within ten (10) days of the receipt of written notice from the City what the extenuating circumstances are, including a date when the street light will be repaired or replaced. The Company shall adopt a program and provide a written copy to the City, under which the Company will convert all street lights in the City to Light Emitting Diode (LED) lights within five (5) years of the effective date of this franchise. The Parties agree that should an improved technology be developed and commercially reasonable during this franchise, thereafter, the Company may, at its option, substitute different lighting tech- nologies that provide an amount and quality of light that is at least equal to that provided by the LED technology. Before installing any such substitute technology, the Company must obtain the City's approval, such approval shall not be unreasonable withheld. Section 8. The Company shall maintain the availability of service throughout the en- tire City including newly annexed areas, but excluding areas designated by the Iowa Utilities Board to be the exclusive service territory of another electric provider, by ex- tending lines or facilities in a manner consistent with Iowa law. The Company shall fur- nish electric energy in sufficient quantities to supply the reasonable demands of the City and the inhabitants thereof and including industrial users in accordance with the regula- tions and conditions of service as approved by the Iowa Utilities Board. Section 9. Upon reasonable request the Company shall provide the City, on a project specific basis, information indicating the horizontal location, relative to boundaries of the right of way, of all equipment which it owns or over which it has control that is located in City right of way, including documents, maps and other information in paper or electron- ic or other forms ("Information"). The Company shall also provide upon request of the City information including mapping data indicating the horizontal and vertical locations, relative to the boundaries of the right-of-way, of all equipment which the Company owns or over which it has control and which is located in any right-of-way. With respect to equipment which was in place as of December 31, 1998, the Company may satisfy this requirement by providing copies of maps showing equipment locations which were de- veloped and kept by the Company in the ordinary course of business, provided that if such maps do not show the location of all such existing equipment, the Company will be required to field locate equipment not shown on such maps and provide mapping data for such equipment provided that respect to equipment which the Company placed with- in the right-of-way after December 31, 1998, the Company shall provide mapping data with the specificity and in the format required by the City for inclusion in the mapping system used by the City, as more specifically provided in the City's utility accommoda- tion and street restoration specifications. The Company and City recognize the Infor- mation may in whole or part be considered a confidential record under state or federal law or both. Therefore, the City shall not release any information without prior consent of the Company and shall return the Information to Company upon request. The City recognizes that Company claims the Information may constitute a trade secret or is oth- erwise protected from public disclosure by state or federal law on other grounds and agrees to protect the Information to the extent allowed by state or federal law. Further- more, the City agrees that no documents, maps or information provided to the City by the Company shall be made available to the public or other entities if such documents or information are exempt from disclosure under the provisions of the Freedom of In- formation Act, the Federal Energy Regulatory Commission Critical Energy Infrastructure requirements pursuant to 18 CFR 388.112 and 388.113, or Chapter 22 of the Code of Iowa, as such statutes and regulations may be amended from time to time. In the event any action at law, in equity or administrative is brought against the City regarding dis- closure of any document which the Company has designated as a trade secret or as otherwise protected from disclosure the City shall promptly notify the Company. The Company shall have the right to assume the defense of said action. The Company shall reimburse the City any and all costs, including attorney fees and penalties, to the extent allowed by law which may result from any said action. Section 10. The pruning and removal of trees shall be done in accordance with cur- rent nationally accepted safety and utility industry standards and federal and state law, rules and regulations. The Company is authorized and empowered to prune or remove at Company expense, any tree extending into any street, avenue, right of way, alley, public place or public grounds to maintain electric reliability, safety, to restore utility ser- vice and to prevent limbs, branches, or trunks from interfering with the wires and facili- ties of the Company. The pruning and removal of trees shall be completed in accord- ance with nationally accepted safety and utility standards, currently ANSI ZI33-2012, American National Standard for Arboriculture! Operations -Safety Requirements, and ANSI A300(part 1) - 2008Pruning, American National Standard for Tree, Shrub, and other Woody Plant Maintenance - Standard of Practices Pruning, and subsequent revi- sions to these standards. In the event any tree is removed by the Company, or is dam- aged to the extent that the city forester determines the tree has lost its viability or func- tionality, because the Company has removed or trimmed a tree in violation of this para- graph, the Company shall pay the City upon invoice the sum of Three Hundred Fifty dol- lars ($350) per tree, which amount shall be adjusted annually commencing on the first anniversary of the adoption of this franchise, and each anniversary thereafter by the change in percentage in the United States Bureau of Labor Statistics Consumer Price Index ("CPI") as of the applicable anniversary of this franchise compared to the CPI as of the same date of the previous year. Section 11. The Company shall indemnify, save and hold harmless the City from any and all claims, suits, losses, damages, costs or expenses, including attorneys' fees, on account of injury or damage to any person or property, to the extent caused or occa- sioned in whole or part by the Company's negligence in construction, reconstruction, excavation, operation or maintenance of the electric facilities authorized by this fran- chise; provided, however, that the Company shall not be obligated to defend, indemnify and save harmless the City for any costs or damages to the extent arising in whole or part from the negligence of the City, its officers, employees or agents. Section 12. The franchise fee presently imposed by the City upon the Company un- der Ordinance No. 58-93 (City Code Sections 11-5A-1 through 11-5A.24, both inclusive) shall continue under this franchise. In addition the City is authorized to impose by ordi- nance a franchise fee up to the amount allowed by Iowa law upon the gross revenue generated from sales of electricity by the Company within the corporate limits of the City. The Company and City agree that the City Council may in its discretion increase the franchise fee by ordinance, without further consent from the Company, provided no increase shall exceed the maximum franchise fee allowed by Iowa law. Upon notice, the Company shall promptly seek a tax rider tariff from the Iowa Utilities Board and the Company shall begin collecting the franchise fee and any increased fee upon receipt of written approval of the required tax rider tariff from the Iowa Utilities Board. The City shall provide to the Company's Iowa franchise manager, by certified mail, copies of an- nexation ordinances and all new property addresses to which the franchise fee will be applied. The Company shall commence collecting the franchise fee in the annexed are- as sixty (60) days thereafter. The Company shall not, under any circumstances be re- quired to return or refund any franchise fees that have been collected from customers and remitted to the City. In the event the Company is required to provide data or infor- mation in defense of the City's imposition of franchise fees or the Company is required to assist the City in identifying customers or calculating any franchise fee refunds for groups of or individual customers the City shall reimburse the Company for the expens- es incurred by the Company to provide such data or information. Section 13. The City may, in the extension or modification of streets and roads, make provision for the placement of Company service lines and facilities on City owned right of way without charge to Company. In the event such an area is provided, the Company must utilize the area provided for placement of its service lines and facilities as directed by the City or other reasonable location provided by the Company. Nothing in this fran- chise shall be construed as a guarantee that in either existing right of way or in future acquired right of way the City will provide sufficient space for any particular need of the Company nor shall the City be required to obtain additional right of way solely for the use of the Company. Section 14. In the event the Company is required to move, remove or modify the placement of any of its poles, lines, wires, conduit, conductors, fixtures, accessories, equipment or appurtenances located within the City because of any public improvement or public purposes of the City, the Company shall do so at its own expenses as directed by the City. In planning for the extension or modification of streets and roads, the City shall, to the extent practicable in the discretion of its public works director, design such changes to limit the need for the relocation of Company facilities. Section 15. The Company shall make an annual written report to the City Manager summarizing community contributions that benefit _the people of the City which have been made by the Company or its foundation. The written report shall include the name of each entity to which such contributions have been made, the amount of such contri- bution and a comparison showing contributions for that year and the three (3) prior years. Section 16. The City shall be privileged upon thirty (30) days advance notice to the Company, without charge, to make use of the distribution poles of the Company that are placed within City right of way for any City alarm, City control, or City communication function, including City cameras, excluding any paid subscriber services (but including any City owned cable or wire line communication system for which use the City shall pay an amount consistent with federal law), to the extent that such use shall not inter- fere with their use by the Company, but the City shall hold the Company harmless from any and all causes of action, litigation or damages arising through the placing of the fa- cilities of the City upon the company's poles. If at the sole discretion of the company, it is determined that said attachments may create a clearance violation or other hazard- ous situation, or that wind or other conditions may place undue stress on specific Com- pany facilities, the City shall not be authorized to attach to those facilities. If attachments are in place, upon notification by the Company of damage or potential damage, the City shall promptly remove said attachments. The Company will contact the City Manager in the event of an emergency. Section 17. The Company will provide to the City energy efficiency materials and re- bate forms for display in the building permit department and other City departments as requested by the City. The Company will participate in neighborhood and community events, when possible, and upon a request from the City or neighborhood organization, to encourage City residents to utilize the Company's energy efficiency programs. Section 18. The Company shall make an annual written report before June 1 of each year to the City Manager summarizing the aggregate electric use in the City by sector or type of customer. This report shall indicate the percentage of energy used within the City derived from renewable resources. In addition, the Company will implement starting before the end of 2015 systems to promote customer choice by providing information regarding rates and pricing and available technologies which allow customers to make rational usage decisions and in addition shall install systems to integrate the grid within the City to allow customers to aid in creating system reliability and stability, and provide options for alternative generation in coordination with the Company with attention to in- tegrating renewable supported alternative generation which minimizes or reduces envi- ronmental impacts, improves efficiency and reduces carbon fuel usage. Section 19. In the event that the Company should have real estate or any interest in real estate within the City or within two (2) miles of the then current boundaries of the City, which it intends to sell, transfer or which it otherwise intends to divest the Compa- ny, it shall first offer to sell or transfer said property to the City upon the terms and con- ditions upon which the Company intends to sell, transfer or divest itself and in no case shall the Company sell, transfer or divest itself of any said interest in real property with- out first offering equal terms to the City. The City shall have ninety (90) days to respond to any offer of sell or transfer or divestiture. The failure of the City to respond in ninety (90) days shall be deemed a refusal by the City and the Company may then sell, trans- fer or otherwise divest of such real estate or interest in real property free of any claim or hindrance by the City. Section 20. The City reserves to itself all home rule authority under the Constitution of Iowa. Section 21. Either City or Company ("party") may terminate this franchise if the other party shall be materially in breach of its provisions. Upon the occurrence of a material breach, the non -breaching party shall provide the breaching party with notification by certified mail specifying the alleged breach. The breaching party shall have 60 days to cure the breach, unless it notifies the non -breaching party, and the parties agree upon a longer period for cure. If the breach is not cured within the cure period, the non - breaching party may terminate this franchise. A party shall not be considered to be in breach of this franchise if it has operated in compliance with state or federal law. A party shall not be considered to have breached this franchise if the alleged breach is the re- sult of the actions of a third party or the other party. Section 22. If any of the provisions of this franchise ordinance are for any reason de- clared to be illegal or void, the lawful provisions of this franchise ordinance, which are severable from said unlawful provisions, shall be and remain in full force and effect, the same as if the franchise ordinance contained no illegal or void provisions. Section 23. This ordinance and the rights and privileges herein granted shall become effective and binding upon its approval and passage in accordance with Iowa law and the written acceptance by the Company. The City shall provide Company with an origi- nal signed and sealed copy of this ordinance within 10 days of its final passage. The Company shall, within thirty (30) days after the City Council approval of this ordinance, file in the office of the clerk of the City, its acceptance in writing of all the terms and pro- visions of this ordinance. Following City Council approval, this ordinance shall be pub- lished in accordance with the Code of Iowa. The effective date of this ordinance shall be the date of publication. In the event Company does not file its written acceptance of this ordinance within 30 days after its approval by the City Council this ordinance shall be void and of no effect. This Ordinance shall be effective once approved in accord with Iowa law. Passed and approved this 5th day of January, 2015. /s/Roy D. Buol, Mayor Attest: /s/Trish L. Gleason, Assistant City Clerk Published officially in the Telegraph Herald on the 9th day of January, 2015. /s/Trish L. Gleason, Assistant City Clerk 2. Black Hills Energy Corporation Franchise Amendment: Proof of publication on no- tice of public hearing to consider an amendment to City of Dubuque Code of Ordinanc- es Sec. 11-4-23: Franchise Fee, authorizing the City Council to impose a franchise fee not to exceed three percent (3%) on the gross revenue generated from the distribution and sale of natural gas or mixed gas within the City of Dubuque, by increasing such au- thority to five percent (5%) and the City Manager recommending approval. City Attorney Lindahl recommending to table and recess until January 20, 2015. Restated motion by Connors to table and recess until January 20, 2015 meeting. Seconded by Lynch. Mo- tion carried 7-0. Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS 1. Comprehensive Annual Financial Report (CAFR) for Fiscal Year Ending June 30, 2014 and Auditor's Presentation: City Manager transmitting the Fiscal Year 2014 Com- prehensive Financial Report (CAFR), Auditor's Communication with Those Charged with Governance Letter, the City Finance staff responses to auditor's findings and Eide Bailly CPA Audit Partner Dave Cahill's presentation. Motion by Braig to receive, file and listen to presentation. Dave Cahill gave an oral presentation Seconded by Connors. Mo- tion carried 7-0. 2. Code of Ordinances Amendment Title 10 - Sledding in City Parks: City Manager recommending approval of an ordinance prohibiting sledding, downhill skiing, snow- boarding or tobogganing on City property except in designated areas of certain parks. Motion by Jones to receive and file the documents and that the requirement that a pro- posed 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 Braig. Motion Carried 6-1 with Resnick voting nay. Motion by Jones for final consideration and passage of Ordinance No. 3-15_Amend- ing Title 10 Public Ways And Property, Chapter 5 Parks And Recreation, Article B Use Regulations by adopting a new Section 10-5B-23 Prohibiting Sledding, Downhill Skiing, Snowboarding or Tobogganing Except in Certain Designated Areas in Certain City Parks. Seconded by Lynch. Motion carried 6-1 with Resnick voting nay. OFFICIAL PUBLICATION ORDINANCE NO. 3-15 AMENDING TITLE 10 PUBLIC WAYS AND PROPERTY, CHAPTER 5 PARKS AND RECREATION, ARTICLE B USE REGULATIONS BY ADOPTING A NEW SECTION 10-5B-23 PROHIBITING SLEDDING, DOWNHILL SKIING, SNOWBOARDING OR TOBOGGANING EXCEPT IN CERTAIN DESIGNATED AREAS IN CERTAIN CITY PARKS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. City of Dubuque Code of Ordinances Title 10, Chapter 5, Article B is amended by adding the following: 10-5B-23: Sledding and Other Snow Activities Prohibited No person may sled or engage in any other snow activity, including but not lim- ited to, downhill skiing, snowboarding, tobogganing, or any other means of de- scending a hill on snow or ice, in any park or on any public property except in ar- eas designated by the City Manager in the following parks, subject to all rules posted for such sledding or snow activities: Bunker Hill Golf Course, daylight hours only Allison -Henderson Park, daylight hours only Riding inner tubes in a park or on any public property is prohibited at all times. Section 2. This ordinance takes effect upon publication. Passed, approved and adopted the 5th day of January, 2015. /s/Roy D. Buol, Mayor Attest: /s/Trish L. Gleason, Assistant City Clerk Published officially in the Telegraph Herald on the 7th day of January, 2015. /s/Trish L. Gleason, Assistant City Clerk 3. Grand River Center Annual Report: Mitzi Yordy, Manager of the Grand River Cen- ter, made a presentation to the City Council on the 2014 Annual Report and updates of activities in the current fiscal year and plans for the future. Motion by Connors to re- ceive, file and listen to presentation. Seconded by Jones. Motion carried 7-0. 4. Emerald Ash Borer Readiness Plan: City Manager recommending adoption of the Emerald Ash Borer (EAB) Readiness Plan. Motion by Jones to receive, file and approve the documents. Seconded by Braig. Motion carried 7-0. 5. Adoption of the 2014 National Electrical Code: City Manager recommending adop- tion of the 2014 edition of the National Electrical Code. Motion by Braig 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. Motion carried 7-0. Motion by Braig for final consideration and passage of Ordinance No. 4-15 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article D Electrical Code by adopting The National Electrical Code, 2014 Version With Amendments thereto; and adopting a new Section 14-1 D-3 Estab- lishing the Electrical Code Board and Providing for the Powers, Operation, Membership, and Meetings. Seconded by Connors. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 4-15 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE D ELECTRICAL CODE BY ADOPTING THE NATIONAL ELECTRICAL CODE, 2014 VERSION WITH AMENDMENTS THERETO; AND ADOPTING A NEW SECTION 14-1D-3 ESTAB- LISHING THE ELECTRICAL CODE BOARD AND PROVIDING FOR THE POWERS, OPERATION, MEMBERSHIP, AND MEETINGS 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 as follows: 14-1 D-1: NATIONAL ELECTRICAL CODE ADOPTED: Except as hereinafter added to, deleted, modified or amended, there is hereby adopted by reference as the electrical code of the city that certain electrical code known as the national electrical code, 2014 edition, as prepared and edited by the National Fire Protection Agency, Quincy, Massachusetts, and the provisions of such electrical 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 with- in the corporate limits of the city, and shall be known as the Dubuque electrical code. A copy of the national electrical code, 2014 edition, as adopted, shall be on file in the of- fice of the city clerk for public inspection. 14-1 D-2: NATIONAL ELECTRICAL CODE AMENDMENTS: The national electrical code adopted by section 14-1 D-1 of this article is hereby amended as follows: 81-3. Electrical Code Board. See 14-1D-3. 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) through (D). The ground -fault circuit -interrupter shall be installed in a readily accessible location. (A) Dwelling Units. All 125 -volt, single-phase, 15- and 20 -ampere receptacles in- stalled in the locations specified in 210.8(A)(1) through (10) shall have ground- fault cir- cuit -interrupter protection for personnel. (2) Garages, and also accessory buildings that have a floor located at or below grade level not intended as habitable rooms and limited to storage areas, work areas, and areas of similar use Exceptions to (2): a. Receptacles that are not readily accessible. b. A single receptacle or a duplex receptacle for two appliances located within dedicated space for each appliance that, in normal use, is not easily moved from one place to another and that is cord- and -plug connected in accordance with 400.7(A)(6), (A)(7), or (A)(8). c. Receptacles installed under the exceptions to section 210.8(A)(2) shall not be considered as meeting the requirements of 210.52(G). (5) Unfinished basements — for purposes of this section, unfinished basements are defined as portions or areas of the basement not intended as habitable rooms and limited to storage areas, work areas, and the like Exceptions to (5): a. A receptacle supplying only a permanently installed fire alarm or burglar alarm system shall not be required to have ground- fault circuit -interrupter protection. b. Receptacles that are not readily accessible. c. A single receptacle or a duplex receptacle for two appliances located within dedicated space for each appliance that, in normal use, is not easily moved from one place to another and that is cord- and -plug connected in accordance with 400.7(A)(6), (A)(7), or (A)(8). d. Receptacles installed under the exceptions to 210.8(A)(5) shall not be consid- ered as meeting the requirements of 210.52(G). 210.12 Arc -Fault Circuit -Interrupter Protection (B) Branch Circuit Extensions or Modifications — Dwelling Units. This section is hereby repealed. 220.12 Lighting Load for Specified Occupancies The current exception to Section 220.12 is hereby repealed and the following is in- serted in lieu thereof: a. Where the building is designed and constructed to comply with an energy code adopted by the local authority, the lighting load shall be permitted to be calculated at the values specified in the energy code. 406.4 General Installation Requirements This section is hereby repealed. 14-1 D-3: ELECTRICAL CODE BOARD: A. Board Created: There is hereby created the Electrical Code Board. B. Purpose: The purpose of the board is to determine the suitability of alternative ma- terials and methods of installation, to provide for reasonable interpretations of the Inter- national Electrical Code, to serve as an appeal body for the decisions of the building of- ficial, and to advise the city council on all electrical regulations and procedures. C. Internal Organization And Rules: The board may adopt rules and regulations to govern its organizational procedures as may be necessary and which are not in conflict with this Code of Ordinances or the Iowa Code. D. Procedures For Operation: All administrative, personnel, accounting, budgetary, and procurement policies of the city govern the board in all its operations. E. Membership: 1. The board comprises seven (7) residents of the city, appointed by the city coun- cil. 2. Residents must be eighteen (18) years of age or older. 3. Special Qualifications. a. Six (6) members must have a background or experience in electrical engi- neering, electrical contracting, electrical installation, or electrical maintenance. b. One (1) member must be appointed from the public at -large. F. Oath: Each person, upon appointment or reappointment to the board, must exe- cute an oath of office at the first meeting of the board following the appointment or re- appointment or at the city clerk's office any time prior to the first meeting of the board. G. Terms: The term of office for members of the board is three (3) years or until such member's successor is appointed and qualified. H: Vacancies: Vacancies must be filled in the same manner as original appointments. I. Officers/Organization: The board must choose annually a chairperson and vice- chairperson, each to serve a term of one (1) year. The chairperson must appoint a sec- retary, who need not be a member of the board. The board must fill a vacancy among its officers for the remainder of the officer's unexpired term. J. Meetings: 1. Regular Meetings. The board must meet bi-monthly. 2. Special Meetings. Special meetings may be called by the chairperson or at the written request of a majority of the members. 3. Open Meetings. All meetings must be called and held in conformance with the Iowa Open Meetings Law. 4. Attendance. a. In the event a member of the board has been absent for three (3) or more consecutive meetings of the board, without being excused by the chairperson, such absence will be grounds for the board to recommend to the city council that the position be declared vacant and a replacement appointed. b. Attendance must be entered upon the minutes of all meetings. 5. Minutes. A copy of the minutes of all regular and special meetings of the board must be filed with the city council within ten (10) working days after each meet- ing, or by the next regularly scheduled city council meeting, whichever is later. 6. Quorum. Four (4) members of the board constitute a quorum for the transac- tion of business. The affirmative vote of a majority of the members present and voting is necessary for the adoption of any motion or resolution. K. Compensation: Members serve without compensation, provided that they may re- ceive reimbursement for necessary travel and other expenses while on official board business within the limits established in the city administrative policies and budget. L. Removal: The city council may remove any member for cause upon written charg- es and after a public hearing. M. Powers: The board has the following powers, duties, and responsibilities: 1. Any person who is aggrieved by a decision of the building official on any re- quirements resulting from the enforcement of this Code of Ordinances may ap- peal from such decision to the board and the board will serve as an appeal board. In case the aggrieved party is a member of the board, that member is dis- qualified as a member of the board acting as an appeal board until the appeal has been heard and a decision rendered. The appeal must be made by the person aggrieved giving written notice of such appeal to the building official within seven (7) days of receipt of the decision from which the appeal is taken. The board, sitting as an appeal board, must meet with- in ten (10) business days after receiving such notice and render a decision within five (5) business days after the hearing. The decision of the board is final unless appealed to the district court as provided by law. The board, after hearing an appeal, has the authority to: a. Uphold the decision of the building official. b. Reverse or modify the decision of the building official but only on finding that the building official incorrectly interpreted the provision of this Code. c. Limitations of Authority. The board has no authority to interpret the adminis- trative provisions of this Code of Ordinances nor is the board empowered to waive any requirements of this Code of Ordinances. In modifying or reversing a decision of the building official, the board may authorize an alternative mate- rial or method of construction, provided the Board finds the proposed material or method of construction is satisfactory for the use intended and complies with the provisions of this Code of Ordinances and that the material or method is, for the purpose intended, at least equivalent to that prescribed by this Code of Ordinances in suitability, strength, effectiveness, durability, and safety. All appeals must be conducted in accordance with the procedures specified in this Code of Ordinances. Section 2. Nothing herein effects the term of any person serving as a member of the board as of the effective date of this Ordinance. Section 3. This Ordinance takes effect upon publication. Passed, approved, and adopted the 5th day of January, 2015. /s/Roy D. Buol, Mayor Attest: /s/Trish L. Gleason, Assistant City Clerk Published officially in the Telegraph Herald on the 9th day of January, 2015. /s/Trish L. Gleason, Assistant City Clerk 6. Update on Bee Branch Creek Restoration Project: City Engineer Gus Psihoyos is providing an update regarding the proposed construction schedule for the Upper Bee Branch Creek Restoration Project. Motion by Jones to receive and file. Seconded by Braig. Civil Engineer Deron Muehring and Bee Branch Project Communication Special- ist Kristen Hill provided a staff report and slide presentation. Motion carried 7-0. 7. Property Acquisition - 400 East 22nd Street (Deconstruction Project): City Manager recommending approval to deconstruct 400 E. 22nd Street as required for the construc- tion of the Bee Branch Creek Restoration Project. Motion by Lynch to receive, file and approve the documents. Seconded by Braig. Motion carried 7-0. 8. "River Boat Bench" Agreement - Shawna Lipper: City Manager recommending ap- proval to present agreement to Shawna Lipper. Motion by Braig to receive, file and ap- prove the City Manager presenting the agreement to Shawna Lipper. Seconded by Connors. Motion carried 6-1 with Lynch voting nay. 9. Request to Schedule Convention & Visitors Bureau Budget Work Session: City Manager requesting that the City Council schedule a work session on the Dubuque Ar- ea Convention & Visitors Bureau Budget for February 2, 2015 at 5:30 p.m. Motion by Connors to receive and file the documents and set the work session as recommended. Seconded by Braig. Motion carried 7-0. PUBLIC INPUT Jacob Long, 4604 Cardinal Dr., spoke regarding his concerns about the laws that govern the Public Input section of the agenda. There being no further business, upon motion the City Council adjourned at 8:38 p.m. /s/Trish L. Gleason, CMC City Clerk