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2 3 14 City Council Proceedings Official_Special and RegularCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION The Dubuque City Council met in special session at 5:00 p.m. on February 3, 2014 in the Historic Federal Building, 350 W. 6t" Street. Present: Mayor Buol (joined at 5:05 p.m.); Council Members Braig, Connors, Jones, Lynch, Resnick, Sutton; City Manager Van Milligen, City Attorney Lindahl (joined at 5:15 p.m. Mayor Pro Tem Resnick read the call and stated this is a special session of the City Council called for the purpose of conducting a work session on the Housing and Com- munity Development Department. WORK SESSION HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT Housing and Community Development Director Alvin Nash; staff members Erica Les - sears, Kim Glaseer, Erica Haugen; and partners Audrey Bergfeld, Victoria Kruser, Chris Olson, Eric Degne, Todd Carr and Megan Starr provided a slide presentation on the ac- tivities of the Housing and Community Development Department. The agenda was as follows: 1. Introduction: Alvin Nash 2. Housing & Community Development Presentation a. Overview of Department Activities, Ericka Lessears, Family Self - Sufficiency Coordinator b. Sustainable Living, Ermina Soler, Circles Coach, with Program Participant Audrey Bergfeld Assisted Housing Family Self -Sufficiency Circles Initiative c. Neighborhood Revitalization, Kim Glaser, Healthy Homes Program Man- ager, with Program Participant Victoria Kruser d. Safe and Healthy Homes, Kim Glaser, Healthy Homes Program Manager Rental Licensing and Inspection Healthy Homes Program Lead Hazard Control Program e. Community Development Process, Erica Haugen, Community Develop- ment Specialist f. Community Partners Chris Olson, representing Four Mounds HEART Program Eric Dregne, representing Project H.O.P.E. and Green & Healthy Homes Initiative Todd Carr, representing Community Housing Initiatives 1 Megan Starr, representing Washington Neighborhood Development Corporation g. Challenges and Opportunities, Alvin Nash, Director 3. Discussion and Questions There being no further business, upon motion the City Council adjourned at 6:08 p.m. /s/Kevin S. Firnstahl, CMC City Clerk 2 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in req�ular session at 6:30 p.m. on February 3, 2014 in the Historic Federal Building, 350 W. 6t 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 CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Connors. Council Member Resnick requested #16 Bee Branch Watershed Project Communications Specialist and #17 Acquisition of Property - Intermodal Transportation Facility be held for separate discussion. Motion carried 7-0. 1. Minutes and Reports Submitted: Airport Commission of 6/24/13, 8/26/13, 10, 28, 13 and 12/16/13; City Council proceedings of 1/21; Civil Service Commission of 1/15, 1 22 and 1/30; Electrical Code Board of 1/27; Housing Commission of 12/3/13 and 1/28; Library Board of Trustees Update of 1/23; Park and Recreation Commission of 1/14; Zoning Board of Adjustment of 1/23; Proofs of Publication for City Council proceedings of 1/6 and 1/7. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: David Fisch for vehicle damage, Interstate Power and Light for property damage, Robert Lange for vehicle damage, Ryan Leick for vehicle damage. Upon motion the documents were received, filed and referred to the City At- torney. 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: Area Residential Care for property damage, Jason and Amanda Bickal for vehicle damage, David Fisch for vehicle damage, Mediacom Communications Com- pany for vehicle damage. Upon motion the documents were received, filed and con- curred. 4. SRF Green Alley Year 2 Bid Sets - Consultant Services Recommendation: City Manager recommending approval of the selection of the engineering consultants for the SRF Green Alleys - Year 2 — Bid Sets. Upon motion the documents were received, filed and approved. 3 5. Final Plat - Dubuque Industrial Center South: City Manager recommending ap- proval the Final Plat of Dubuque Industrial Center South First Addition. Upon motion the documents were received and filed and Resolution No. 21-14 Approving the Final Plat Dubuque Industrial Center South First Addition in the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 21-14 APPROVING THE FINAL PLAT DUBUQUE INDUSTRIAL CENTER SOUTH FIRST ADDITION IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a Final Plat Dubuque Industrial Center South First Addition in the City of Dubuque; and Whereas, upon said Final Plat appear street(s) to be known as Partners Road (Lot C) which the owners by said Final Plat have dedicated to the public forever; and Whereas, upon said Final Plat appear easements to be reserved for the public; and Whereas, said Final Plat has been reviewed by the City Planner and had her approv- al endorsed thereon; and Whereas, said Final Plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating to it. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Partners Road (Lot C) as it appears upon said Final Plat be and the same is hereby accepted. Section 2. That the public easements as they appear upon said Final Plat be and the same are hereby approved. Section 3. That the Final Plat of Dubuque Industrial Center South First Addition is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said Final Plat. Section 4. Sidewalk installation shall be the responsibility of the owner of the property abutting the public right-of-way, as required by City Code 10-1-2. The responsibility shall extend to all successors, heirs and assignees. Sidewalks shall be five (5) feet in width and installed one (1) foot from the property line. Section 5. That the final acceptance of all public improvements shall occur upon certi- fication of the City Engineer to the City Council that all public improvements have been completed in accordance with the improvement plans and City standard specifications. Passed, approved and adopted this 3rd day of February, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 6. Dubuque Industrial Center South Declaration of Covenants, Conditions, Re- strictions, Reservations, Easements, Liens and Charges: City Manager recommending consideration and adoption of the Declaration of Covenants, Conditions, Restrictions, Reservations, Easements, Liens, and Charges for the Dubuque Industrial Center South. Upon motion the documents were received and filed and Resolution No. 22-14 Adopting the Declaration of Covenants, Conditions, Restrictions, Reservations, Easements, Liens and Charges for Dubuque Industrial Center South First Addition was adopted. 4 RESOLUTION NO. 22-14 ADOPTING THE DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, LIENS AND CHARGES FOR DUBUQUE INDUS- TRIAL CENTER SOUTH, FIRST ADDITION Whereas, the City acquired approximately 175 acres of farmland known as the South Siegert Farm in 1997; and Whereas, the City began grading, utilities, and paving work of the South Siegert Farm in 2012 to create Dubuque Industrial Center South; and Whereas, site work at Dubuque Industrial Center South is nearing completion; and Whereas, a company has expressed interest in acquiring property from the City for expansion of its business; and Whereas, a Declaration of Covenants, Conditions, Restrictions, Reservations, Ease- ments, Liens, and Charges will guide the development of the property, establish mini- mum standards, and provide a format for the ongoing management of Dubuque Indus- trial Center South, First Addition. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Declaration of Covenants, Conditions, Restrictions, Reservations, Easements, Liens and Charges is hereby approved and shall govern Dubuque Industri- al Center South, First Addition. Section 2. The Mayor and City Clerk are hereby authorized and directed to endorse the approval for the City of Dubuque, Iowa on the Declaration of Covenants, Conditions, Restrictions, Reservations, Easements, Liens and Charges. Passed, approved and adopted this 3rd day of February 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 7. Housing Enterprise Zone Agreement for Weaver Castle - 346-348 W. Locust Street: City Manager recommending adoption of the resolution for the proposed Hous- ing Enterprise Zone Program Agreement for Weaver Castle, LLC for redevelopment of 346-348 W. Locust Street. Upon motion the documents were received and filed and Resolution No. 23-14 Approving a Housing Enterprise Zone Program Agreement by and among the Iowa Economic Development Authority, the City of Dubuque and Weaver Castle, LLC, was adopted. RESOLUTION NO. 23-14 APPROVING A HOUSING ENTERPRISE ZONE PROGRAM AGREEMENT BY AND AMONG THE IOWA ECONOMIC DEVELOPMENT AUTHORITY, THE CITY OF DUBUQUE AND WEAVER CASTLE, LLC Whereas, the City of Dubuque has established two Enterprise Zones and an Enter- prise Zone Commission; and Whereas, the Enterprise Zone Commission on August 30, 2013 approved the appli- cation of Weaver Castle, LLC for Housing Enterprise Zone benefits; and Whereas, Weaver Castle, LLC application was approved by the Iowa Economic De- velopment Authority on November 26, 2013; and Whereas, the Iowa Economic Development Authority has prepared and submitted for City Council approval an agreement relating to Housing Enterprise Zone benefits for 5 Weaver Castle, LLC, a copy of which is attached hereto and by this reference made a part hereof; and Whereas, the City Council finds that the proposed agreement is acceptable and nec- essary to the growth and development of the city. NOW THEREFORE, BE IT RESOLVED. BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Iowa Economic Development Authority Housing Enterprise Zone Program Agreement, Number 14-HEZ-042, is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the Agree- ment on behalf of the City of Dubuque and forward the executed copy to the Iowa Eco- nomic Development Authority for their approval. Passed, approved and adopted this 3rci day of February, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 8. Reimbursement Resolution - Bee Branch Watershed Flood Mitigation Project Phase 7 - Land Acquisition: City Manager recommending approval of a reimbursement resolution to serve as "official intent" to reimburse project expenditures for the Bee Branch Watershed Flood Mitigation Project as required under the federal tax-exempt bond regulations. Upon motion the documents were received and filed and Resolution No. 24-14 Resolution declaring an official intent under Treasury Regulation 1.150-2 to issue debt to reimburse the City for certain original expenditures paid in connection with specified Projects was adopted. RESOLUTION NO. 24-14 DECLARING AN OFFICIAL INTENT UNDERTREASURY REGULATION 1.150-2 TO ISSUE DEBT TO REIMBURSE THE CITY FOR CERTAIN ORIGINAL EXPENDI- TURES PAID IN CONNECTION WITH SPECIFIED PROJECTS Whereas, the City anticipates making cash expenditures for one or more capital im- provement projects generally described below (each of which shall hereinafter be re- ferred to as a "Project"); and Whereas, the City reasonably expects to issue debt to reimburse the costs of a Pro- ject; and Whereas, the Council believes it is consistent with the City's budgetary and financial circumstances to issue this declaration of official intent. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Resolution be and does hereby serve as a declaration of official intent under Treasury Regulation 1.150-2. Section 2. That it is reasonably expected that capital expenditures will be made in re- spect of the following Project(s), from time to time and in such amounts as this Council determines to be necessary or desirable under the circumstances then and there exist- ing, and this Council reasonably expects to reimburse all or a portion of such expendi- tures with the proceeds of bonds, notes or other indebtedness to be issued or incurred by the City in the future. Section 3. That the total estimated costs of the Project(s), the maximum principal amount of the bonds, notes or other indebtedness to be issued for the foregoing Pro - 6 ject(s) and the estimated dates of completion of the Project(s) are reasonably expected to be as follows: Project Fund from which original Total Estimated Amount of Estimated Date expenditures are to be Cost Borrowing of Completion Advanced Anticipated Bee Branch Watershed Flood Mitigation Project Storm Water Utility Fund $4,800,000 $4,800,000 12/31/2016 Phase 7 — Land Acquisition Section 4. That the City reasonably expects to reimburse the above-mentioned Pro- ject costs not later than the later of eighteen months after the capital expenditures are paid or eighteen months after the property is placed in service. Section 5. That this Resolution be maintained by the City Clerk and available at all times for public inspection, subject to such revisions as may be necessary. Passed and approved this 3rd day of February, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 9. OId Town Neighborhood NRHP Nomination CLG Grant Agreement: City Manager recommending approval of the Certified Local Government (CLG) grant and resolution related to the National Register of Historic Places (NRHP) nomination for the Old Town Neighborhood. Upon motion the documents were received and filed and Resolution No. 25-14 Authorizing a CLG Grant -in -Aid -Agreement with the State Historical Society of Iowa to prepare the OId Town Neighborhood National Register of Historic Places nomi- nation was adopted. RESOLUTION NO. 25-14 AUTHORIZING A CLG GRANT -IN -AID -AGREEMENT WITH THE STATE HISTORI- CAL SOCIETY OF IOWA TO PREPARE THE OLD TOWN NEIGHBORHOOD NA- TIONAL REGISTER OF HISTORIC PLACES NOMINATION. Whereas, the State Historical Society of Iowa has determined historic/architectural surveys and evaluations are eligible for Certified Local Government (CLG) funds; and Whereas, the City of Dubuque is a CLG in good standing and has approved a pro- gram to encourage the nomination of landmarks, landmark sites and historic districts to the National Register of Historic Places. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor is authorized to sign and submit the Grant -In -Aid - Agreement to the State Historical Society of Iowa for CLG Funds to prepare the Old Town Neighborhood National Register of Historic Places Nomination. Section 2. That the City of Dubuque agrees to abide by all local, state and federal re- quirements applicable to the proposed budget. Passed, approved and adopted this 3rd day of February, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 7 10. DMATS Grants for Speed Shields and Trail Counters: City Manager recommend- ing approval of Dubuque Metropolitan Area Transportation Study (DMATS) grants for 12 speed shields and 14 trail counters to the City of Dubuque and Dubuque County. Upon motion the documents were received, filed and approved. 11. AmeriCorps VISTA Application Impact Volunteering for Economic Opportunity: City Manager recommending approval to pursue an Iowa Campus Compact VISTA member in collaboration with Loras College in order to continue our pilot work around the impact volunteers can have on economic opportunity. Upon motion the documents were received, filed and approved. 12. Quarterly Investment Report: City Manager transmitting the December 31, 2013 Quarterly Investment Report covering the period from October 1, 2013 through Decem- ber 31, 2013. Upon motion the documents were received and filed. 13. Mediacom Communications Company: Correspondence from Mediacom Com- munications Company advising the City of rate changes and new customer activation fees to be implemented on or about February 22, 2014. Upon motion the documents were received and filed. 14. City Assessor's Office: Correspondence from City Assessor Rick Engelken advis- ing the City of a property tax Notice of Appeal and Petition going before the Property Assessment Appeal Board for two Walgreen's locations. Upon motion the documents were received and filed. 15. Purchase of Property from Iowa Department of Transportation: City Manager rec- ommending approval to purchase a piece of property on Bluff Street just off Highway 20 from the Iowa Department of Transportation. Upon motion the documents were re- ceived, filed and approved. 16. Bee Branch Watershed Project Communications Specialist: City Manager re- questing the creation of a full-time Communications Specialist position to assist with the communication work related to the Bee Branch Creek Watershed project, which has been put on an accelerated schedule. Motion by Jones to receive and file the docu- ments and approve the recommendation. Seconded by Braig. Resnick expressed his concerns over addition a full-time position. City Manager Van Millgen stated that the massive scope of the project precipitated the need for communications with costs being recharged to the project. Motion carried 6-1 with Resnick voting nay. 17. Acquisition of Property - Intermodal Transportation Facility: City Manager re- questing approval to purchase a piece of property in the Historic Millwork District from the Iowa Department of Transportation. Motion by Resnick to receive and file the docu- ments and approve the recommendation. Seconded by Braig. City Manager Van Milli - gen provided a revised memo with updated information and addressed questions about funding and the decision to purchase at this time. Motion carried 7-0. 8 18. Transit Advisory Board - Letter of Support: Transit Advisory Board submitting a Letter of Support for the Jule Transit route changes implemented January 6, 2014. Up- on motion the documents were received and filed. 19. Civil Service Commission: Civil Service Commission submitting the certified list for the position of Recreation Program Supervisor. Upon motion the documents were received and filed and made a Matter of Record. January 30, 2014 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Recreation Program Supervisor was administered via take-home exam. We hereby certify that the individuals listed below have passed this written examination and the va- cancy for this position should be made from this list and that this list is good for two (2) years from above date. 1. Randall Dotson 2. Brian Feldott 3. Luke Kalb 4. Katie Bahl 5. Jantz Elliott 6. Terry Hoffman 7. Andrew Jones 8. Jacob Andersen 9. Jay Swenson 10. Jason Thieme 11.Joshua Larson 12. Madeline Cairney 13. Kevin Cartee 14. David Dauphin 15. Robin Hamel 16. Rick McGill 17. Alyson Copus 18. Laura Quade Lottes 19. Jeanette Rock 20. Micah Lurie Recreation Program Supervisor 21. Patrick Carney 22 .Ryan Merritt 23. Paul Lewis 24. Daniel Gleich 25. Vallerie Lynn 26. Philip Vargas 27. Brittney McElroy 28. Donald Adams 29. Sara Burley 30. Mariah Bolin 31. Robert Mcintyre 32. Katie Rodger 33. Joseph Fleckenstein 34 .Crista Ovsak 35. Michele Pomplun 36. Ryan Spurling 37. Nathaniel Kass 38. Kristie Arthofer 39. David Keck 40. Edward Severns 41. Alan Stoltz 9 Respectfully submitted, Dan White, Chairman Civil Service Commission 20. Business License Refund: Request by Mark Hancock for a refund of the liquor li- cense LC0022360 for Happy's Place located at 2323 Rockdale Rd. in the amount of 633.75. Upon motion the documents were received, filed and approved. 21. Alcohol License Applications: City Manager recommending approval of annual liquor, beer, and wine licenses as submitted. Upon motion the documents were received and filed and Resolution No. 26-14 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. 26-14 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. Awn Stop Mart, Inc. Champps Americana Big 10 Mart Renewals 1998 Jackson St. 3100 Dodge St. 2100 J.F.K. Rd. El Paisano Grocery Store 1543 Central Ave. Gin Rickeys 1447 Central Ave. Hammerheads Bar & Billiards 2095 Kerper Blvd. The Richards House B&B 1492 Locust St. Town Clock Inn Mystique Community Ice Center Hy -Vee Clubroom 799 Town Clock Plaza Adding a Privilege 1800 Admiral Sheehy Dr. New 400 S. Locust St. 10 Class C Beer (Sunday) Class B Liquor (Catering) (Outdoor) (Sunday) Class C Beer, Class B Native Wine(Sunday) ................ ...................... Class C Beer (Sunday) Class C Liquor (Sunday) Class C Liquor (Sunday) Class B Native Wine (Living Quarters) (Sunday) Class C Liquor Adding Carryout Native Wine to current Class C Special Class C Liquor (Sunday).. Premise Transfer Chocolaterie Stam Dubuque 1269 Main transferring to r (February 7th) 11000 Airport Rd. Passed, approved and adopted this 3rd day of February, 2014. Special Class C Liquor Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk ITEMS TO BE SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the resolutions, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Connors. Motion carried 7-0. 1. Sales Tax Increment Revenue Bonds (Flood Mitigation Program): City Manager providing the suggested proceedings to set the date of the public hearing on the pro- posed issuance of not to exceed $29,000,000 Sales Tax Increment Revenue Bonds. Upon motion the documents were received and filed and Resolution No. 27-14Fixing date for a meeting on the proposition of the issuance of not to exceed $29,000,000 Sales Tax Increment Revenue Bonds (Flood Mitigation Program) of Dubuque, Iowa, and providing for publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on February 17, 2014 in the Historic Federal Build- ing. RESOLUTION NO. 27-14 FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $29,000,000 SALES TAX INCREMENT REVENUE BONDS (FLOOD MITIGATION PROGRAM) OF DUBUQUE, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF Whereas, it is deemed necessary and advisable that the City of Dubuque, Iowa should issue Sales Tax Increment Revenue Bonds to the amount of not to exceed $29,000,000, as authorized by Section 418.14 of the Code of Iowa, for the purpose of providing funds to pay costs of carrying out the flood mitigation projects as hereinafter described; and Whereas, Section 418.14 provides that the City Council shall follow the bond authori- zation procedures set forth in Section 384.83 before issuing Sales Tax Increment Reve- nue Bonds under that Section, and it is therefore necessary that the action hereinafter described be taken and that the Clerk publish a notice of the proposal and of the time and place of the meeting at which the Council proposes to take action thereon and to receive oral and/or written objections from any resident or property owner of said City to such action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. This Council shall meet in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, at 6:30 o'clock P.M., on the 17th day of February, 2014, for the purpose of taking action on the matter of the issuance of not to exceed $29,000,000 Sales Tax Increment Revenue Bonds (Flood Mitigation Program), the proceeds of which 11 will be used to provide funds to pay costs of the acquisition, construction and installation and equipping of the Bee Branch Watershed Flood Mitigation Project, including those costs associated with the Lower Bee Branch Creek Restoration Project (Phases 4 and 7) and the Bee Branch Flood Control Pumping Station Gates and Replacement Project. Said Bonds shall be payable from the City's flood project fund established under Iowa Code Section 418.12, into which there shall be deposited sales tax increment revenues received from the State of Iowa as part of the award to the City under the Flood Mitiga- tion Program, and to the extent necessary and provided for in the resolution authorizing issuance of said Bonds, funds collected by the City from a supplemental levy of debt service taxes. Section 2. The Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English lan- guage, published at least once weekly, and having general circulation in said City, said publication to be not less than four clear days nor more than twenty days before the date of said public meeting on the issuance of said obligations. Section 3. The notice of the proposed action to issue said Sales Tax Increment Rev- enue Bonds shall be in substantially the form [Provided]: Passed and approved this 3rd day of February, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk BOARDS/COMMISSIONS 1. Community Development Advisory Commission Three, 3 -year terms through Feb- ruary 15, 2017 (Expiring terms of Craddieth, Michalski and Shaw) Applicants: Robert W. Blok II, 2447 University Ave. (Additional Application); Janice Craddieth, 1455 Washing- ton St.; Ann Michalski, 1520 Altura Dr. Motion by Braig to appoint all three applicants to the Community Development Advisory Commission. Seconded by Resnick. Motion car- ried 7-0. 2. Sister City Relationships Advisory Commission: Four, 3 -year terms through Febru- ary 1, 2017 (Expiring terms of Castaneda, Felderman, Landis and Ward) Applicants: Sheila Castaneda, 1014 Dunham Dr.; Robert Felderman, 241 Southgate Dr.; Dick Lan- dis, 2390 Clarke Crest Dr.; and Annalee Ward, 2758 Tiffany Ct. Motion by Connors to reappoint all four applicants to the Sister City Relationships Advisory Commission. Se- conded by Lynch. Motion carried 7-0. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City 1. SRF Green Alley Bid Set 1 Project: Proof of publication on notice of public hearing to consider the approval of the plans, specifications, form of contract and the estimated cost and to adopt the Resolution of Necessity and the Preliminary Schedule of Assess- ments for the SRF Green Alley Bid Set 1 Project and the City Manager recommending approval. Motion by Connors to receive and file the documents and adopt the Resolu- tions No. 28-14 Approval of plans, specifications, form of contract, and estimated cost for the SRF Green Alley Bid Set 1 Project; Resolution No. 29-14 With respect to the 12 adoption of the Resolution of Necessity Proposed for the SRF Green Alley Bid Set 1 Project; and Resolution No. 30-14 Approving Schedule of Assessments and estimate of total cost for the SRF Green Alley Bid Set 1 Project. Seconded by Braig. Suzanne Shel- don, 617 Lincoln Avenue; Phil Mihalakis, 2602 Hacienda Drive; Jacob Long, 4604 Car- dinal Drive, Rick Jones, 619 Lincoln Avenue, and Barb Becker 587 West Locust St. spoke in opposition to the project. Responding to questions from the City Council, Civil Engineer Jon Dienst described the materials used, associated costs, and long-term maintenance related to the project. Motion carried 7-0. RESOLUTION NO. 28-14 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMAT- ED COST FOR THE SRF GREEN ALLEY BID SET 1 PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the SRF Green Alley Bid Set 1 Project, in the estimated amount $411,547.00, are hereby approved. Passed, adopted and approved this 3rd day of February, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 29-14 WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PRO- POSED FOR THE SRF GREEN ALLEY BID SET 1 PROJECT Whereas, the City Council has proposed a Resolution of Necessity for the SRF Green Alley Bid Set 1 Project and has given notice of the public hearing thereon as re- quired by law; and Whereas, the public hearing has been held, all persons offering objections have been heard and consideration given to all objections and is pending before this Council; and Whereas, this is the time and place set as provided for the taking of action on the proposed Resolution of Necessity. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed Resolution of Necessity described above is hereby: • Adopted, without amendment, and all objections filed or made having been duly considered are overruled. Passed, adopted and approved this 3rd day of February, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 30-14 APPROVING SCHEDULE OF ASSESSMENTS AND ESTIMATE OF TOTAL COST FOR THE SRF GREEN ALLEY BID SET 1 PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the attached plat, schedule of assessments, and estimate of total cost for the SRF Green Alley Bid Set 1 Project are hereby approved. 13 Passed, approved and adopted this 3rd day of February, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 2. Franchise Fee Ordinance Amendment - Alliant Energy: Proof of publication on no- tice of public hearing to consider an amendment to the Franchise Fee Ordinances with Alliant Energy and the City Manager recommending approval. Motion by Jones to re- ceive 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 Connors. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 6-14 Repeal- ing Section 3 of Ordinance No. 58-03 Providing for a Rebate of Franchise Fees for Ex- empt Sales of Electricity to Customers of Interstate Power Company, Its Successors and Assigns, and Establishing a Procedure for Requesting a Rebate of Such Fees. Se- conded by Connors. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 6-14 REPEALING SECTION 3 OF ORDINANCE NO. 58-03 PROVIDING FOR A REBATE OF FRANCHISE FEES FOR EXEMPT SALES OF ELECTRICITY TO CUSTOMERS OF INTERSTATE POWER COMPANY, ITS SUCCESSORS AND ASSIGNS, AND ES- TABLISHING A PROCEDURE FOR REQUESTING A REBATE OF SUCH FEES Whereas, Ordinance No. 58-93 granted to Interstate Power Company, its successors and assigns (the Company) a franchise to maintain and operate an electrical system in the City of Dubuque, Iowa; and Whereas, Alliant Energy is the successor to Interstate Power Company; and Whereas, Ordinance No. 58-93 authorized the City Council to impose a franchise fee not to exceed 3% of the gross revenue of the Company generated from the sale of elec- tricity within the city; and Whereas, Ordinance No. 58-03, as amended by Ordinance No. 75-03, imposed upon the Company a fee equal to 2% of the gross revenue generated from the sale of elec- tricity within the city and stated that certain sales were exempt from the fee and that a procedure for the rebate of such exempt fees would be provided but did not establish a procedure for requesting such rebates; and Whereas, Ordinance No. 58-03, as amended by Ordinance No. 7-10, increased the fee to 3% of the gross revenue generated from the sale of electricity within the city; and Whereas, certain customers of the Company did not request a rebate of such fees until December of 2013; and Whereas, the City Council of the City of Dubuque finds that the delay in requesting a rebate is not a reasonable period of time and that it is not in the best interests of the citi- zens of the City of Dubuque to honor such requests; and Whereas, the City Council finds that a reasonable period of time in which to request a rebate is in the fiscal year in which a customer pays such fees to the Company. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 3 of Ordinance No. 58-03 is hereby repealed. Section 2. Ordinance No. 58-03 is amended by adopting the following new Section 3: 14 Section 3. (1) Effective July 1, 2013, the fee imposed by Section 1 of Ordinance No. 58-03, as amended by Ordinance No. 7-10, shall not apply to any sale of electricity by the Com- pany that is exempt under Iowa Code Section 423.3 from the tax imposed by Iowa Code Section 423.2 and in computing the amount of the fee, the Company shall not include such sales, unless it is impracticable to so, in which event the City Manager shall pro- vide a rebate of the amount of the fee for such exempt sales of electricity to Company's customers provided a written request is submitted by a customer to the City Manager in the City's fiscal year (July 1 — June 30) in which the customer pays such fees. (2) Any rebate of franchise fees which may have been available under any prior amendment or ordinance which was not paid prior to July 1, 2013, is declared void and any claim for any such rebate shall not be honored or paid by the city. Passed, approved and adopted the 3rd day of February, 2014. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 7th day of February, 2014. /s/Kevin S. Firnstahl, City Clerk 3. Franchise Fee Ordinance Amendment - Black Hills Energy: Proof of publication on notice of public hearing to consider an amendment to the Franchise Fee Ordinances with Black Hills Energy and the City Manager recommending approval. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Connors. Motion carried 7-0. Mo- tion by Jones for final consideration and passage of Ordinance No. 7-14 Repealing Sec- tion 3 of Ordinance No. 59-03 and Section 3 of Ordinance No. 76-03 Providing for a Rebate of Franchise Fees for Exempt Sales of Natural and Mixed Gas to Customers of Peoples Natural Gas, its Successors and Assigns, and Establishing a Procedure for Requesting a Rebate of Such Fees. Seconded by Connors. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 7-14 REPEALING SECTION 3 OF ORDINANCE NO. 59-03 AND SECTION 3 OF ORDI- NANCE NO. 76-03 PROVIDING FOR A REBATE OF FRANCHISE FEES FOR EX- EMPT SALES OF NATURAL AND MIXED GAS TO CUSTOMERS OF PEOPLES NATURAL GAS, ITS SUCCESSORS AND ASSIGNS, AND ESTABLISHING A PRO- CEDURE FOR REQUESTING A REBATE OF SUCH FEES Whereas, Ordinance No. 43-93 granted to Peoples Natural Gas Company (the Com- pany), its successors and assigns, a franchise to maintain and operate a gas distribu- tion system in the City of Dubuque, Iowa; and Whereas, Black Hills Energy is the successor to Peoples Natural Gas Company; and Whereas, Ordinance No. 43-93 authorized the City Council to impose a franchise fee not to exceed 3% of the gross revenue of the Company generated from the sale of natu- ral and mixed gas within the city; and Whereas, Ordinance No. 59-03, as amended by Ordinance No. 76-03, imposed upon the Company a fee equal to 2% of the gross revenue generated from the sale of natural 15 and mixed gas within the city and stated that certain sales were exempt from the fee and that a procedure for the rebate of such exempt fees would be provided but did not establish a procedure for requesting such rebates; and Whereas, Ordinance No. 59-03, as amended by Ordinance No. 8-10, increased the fee to 3% of the gross revenue generated from the sale of natural and mixed gas within the city; and Whereas, certain customers of the Company did not request a rebate of such fees until December of 2013; and Whereas, the City Council of the City of Dubuque finds that the delay in requesting a rebate is not a reasonable period of time and that it is not in the best interests of the citi- zens of the City of Dubuque to honor such requests; and Whereas, the City Council finds that a reasonable period of time in which to request a rebate is in the fiscal year in which a customer pays such fees to the Company. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 3 of Ordinance No. 59-03 and Section 3 of Ordinance No. 76-03 are hereby repealed. Section 2 Ordinance No. 59-03 and Ordinance No. 76-03 are amended by adopting the following Section 3: Section 3. (1) Effective July 1, 2013, the fee imposed by Section 1 of Ordinance No. 59-03, as amended by Section 1 of Ordinance No. 76-03 and Section 1 of Ordinance No. 8-10, shall not apply to any sale of natural and mixed gas by the Company that is exempt un- der Iowa Code Sec. 423.3 from the tax imposed by Iowa Code Sec. 423.2 and in com- puting the amount of the fee, the Company shall not include such sales, unless it is im- practicable to so, in which event the City Manager shall provide a rebate of the amount of the fee for such exempt sales of natural and mixed gas to Company's customers pro- vided a written request is submitted by a customer to the City Manager in the City's fis- cal year (July 1 — June 30) in which the customer pays such fees. (2) Any rebate of franchise fees which may have been available under any prior amendment or ordinance which was not paid prior to July 1, 2013, is declared void and any claim for any such rebate shall not be honored or paid by the city. Passed, approved and adopted the 3rd day of February, 2014. /s/Roy D. Buoi, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 7th day of February, 2014. /s/Kevin S. Firnstahl, City Clerk 4. Franchise Fee Ordinance Amendment - Maquoketa Valley Electric Cooperative: Proof of publication on notice of public hearing to consider an amendment to the Fran- chise Fee Ordinances with Maquoketa Valley Electric Cooperative and the City Manag- er recommending approval. Motion by Connors 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 Braig. Motion carried 7-0. 16 Motion by Connors for final consideration and passage of Ordinance No. 8-14 Re- pealing the Third Unnumbered Paragraph of Section 23 of Ordinance No. 20-04 Provid- ing for a Rebate of Franchise Fees for Exempt Sales of Electricity to Customers of Ma- quoketa Valley Electric Cooperative, its Successors and Assigns, and Establishing a Procedure for Requesting a Rebate of Such Fees. Seconded by Lynch. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 8-14 REPEALING THE THIRD UNNUMBERED PARAGRAPH OF SECTION 23 OF ORDI- NANCE NO. 20-04 PROVIDING FOR A REBATE OF FRANCHISE FEES FOR EX- EMPT SALES OF ELECTRICITY TO CUSTOMERS OF MAQUOKETA VALLEY ELECTRIC COOPERATIVE, ITS SUCCESSORS AND ASSIGNS, AND ESTABLISH- ING A PROCEDURE FOR REQUESTING A REBATE OF SUCH FEES Whereas, Ordinance No. 20-04 granted to Maquoketa Valley Electric Cooperative, its successors and assigns (the Company) a franchise to maintain and operate an electri- cal system in the City of Dubuque, Iowa; and Whereas, Ordinance No. 20-04, imposed upon the Company a fee equal to 2% of the gross revenue generated from the sale of electricity within the city and stated that cer- tain sales were exempt from the fee and that a procedure for the rebate of such exempt fees would be provided but did not establish a procedure for requesting such rebates; and Whereas, Ordinance No. 20-04, as amended by Ordinance No. 9-10, increased the fee to 3% of the gross revenue generated from the sale of electricity within the city; and Whereas, the City Council finds that a reasonable period of time in which to request a rebate is in the fiscal year in which a customer pays such fees to the Company. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The third unnumbered paragraph of Section 23 of Ordinance No. 20-04 is hereby repealed. Section 2. Section 23 of Ordinance No. 20-04 is amended by adding the following new third unnumbered paragraph: Effective July 1, 2013, the fee imposed by Section 23 of Ordinance No. 20-04, as amended by Ordinance No. 9-10, shall not apply to any sale of electricity by the Com- pany that is exempt under Iowa Code Section 423.3 from the tax imposed by Iowa Code Section 423.2 and in computing the amount of the fee, the Company shall not include such sales, unless it is impracticable to so, in which event the City Manager shall pro- vide a rebate of the amount of the fee for such exempt sales of electricity to Company's customers provided a written request is submitted by a customer to the City Manager in the City's fiscal year (July 1 — June 30) in which the customer pays such fees. Any re- bate of franchise fees which may have been available under any prior amendment or ordinance which was not paid prior to July 1, 2013, is declared void and any claim for any such rebate shall not be honored or paid by the city. Passed, approved and adopted the 3rd day of February, 2014. Attest: /s/Kevin S. Firnstahl, City Clerk 17 /s/Roy D. Buol, Mayor Published officially in the Telegraph Herald newspaper on the 7th day of February, 2014. /s/Kevin S. Firnstahl, City Clerk Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS 1. EPA Smart Growth Achievement Award: City Manager transmitting the EPA Smart Growth Achievement Award - Corridor or Neighborhood Revitalization category for the Historic Millwork District and Washington Neighborhood. Motion by Connors to receive and file the documents. Seconded by Resnick. Mayor Buol provided an explanation of the award. Motion carried 7-0. 2. Comprehensive Annual Financial Report (CAFR) for Fiscal Year Ended June 30, 2013: City Manager transmitting the Fiscal Year 2013 Comprehensive Financial Report (CAFR), Auditor's Communication with Those Charged with Governance Letter, and the City's Finance staff responses to auditor's findings. Motion by Lynch to receive and file the documents. Seconded by Braig. Dave Cahill of Eide Bailly made a verbal presenta- tion that explained the sections of the report. Motion carried 7-0. 3. Five Flags Center. Annual Report Presentation: Five Flags Center Manager Joyce White of SMG made a verbal presentation of the budget, 2013 activities, and 2014 scheduled events of Five Flags that provide a breakdown of how the Center is used. Motion by Connors to receive and file the documents. Seconded by Jones. Jones re- quested that recently purchased chairs replace the old chairs for public events in the Bijou Room. Motion carried 7-0. 4. Grand River Center 2013 Annual Report Presentation: Grand River Center Man- ager Mitzi Yordy provided a slide presentation regarding the Grand River Center 2013 Annual Report highlighting the services provided by the GRC, marketing initiatives, group comparisons, economic impact, sustainability efforts, and budget. Motion by Connors to receive and file the documents. Seconded by Jones Motion carried 7-0. 5. Code of Ordinances Title 16 Unified Development Code Amendment - Home - Based Businesses (First Reading August 29, 2013; Tabled September 3, 2013) City Manager submitting information related to amending Section 7-1.3 of the City of Dubuque's Unified Development Code to add firearm sales to the list of prohibited home-based businesses. Motion by Connors to remove from the table. Seconded by Jones. Motion carried 5-2. Restated motion by Connors to consider the second reading of a proposed ordinance amending City of Dubuque Code of Ordinances, Title 16 Unified Development Code, Chapter 7 Supplemental Use Regulations Section 7-1.3 Prohibited Home -Based Busi- ness Uses to add Firearm Sales as a Prohibited Home -Based Business. Seconded by Jones. Motion failed 6-1 with Connors voting yay. 18 6. Request to Rezone - 1060 Edina Street (Second Reading): Request by John & Angie Long; Ron & Denise Reeg to rezone property at located at 1060 Edina (Parcels 10-23-477-006 & 10-23-477-007) from R-1, Single Family Residential Zoning District, to R-2, Two -Family Residential Zoning District and the Zoning Advisory Commission rec- ommending approval. Motion by Connors 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. Se- conded by Braig. Motion failed 5-2 with Resnick and Jones voting nay. Motion by Jones to consider the second reading of a proposed ordinance Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by re- classifying hereinafter described property located at 1060 Edina from R-1 Single -Family Residential District to R-2 Two -Family Residential District. Seconded by Braig. Motion carried 6-1 with Resnick voting nay. 7. State Flood Mitigation Grant Funding Agreement: City Manager recommending adoption of a resolution authorizing the City's use of sales tax increment funds for the Bee Branch Watershed Flood Mitigation Project and authorizing the execution of an agreement with the Iowa Flood Mitigation Board required for the City's receipt of sales tax increment funds. Motion by Jones to receive and file the documents and adopt Res- olution No. 31-14 Authorizing the execution of an agreement with the State of Iowa Flood Mitigation Board and Authorizing the City's use of sales tax increment funding for the Bee Branch Watershed Flood Mitigation Project. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 31-14 AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STATE OF IOWA FLOOD MITIGATION BOARD AND AUTHORIZING THE CITY'S USE OF SALES TAX INCREMENT FUNDING FOR THE BEE BRANCH WATERSHED FLOOD MITIGA- TION PROJECT Whereas, Six Presidential Disaster Declarations have been issued for flooding, se- vere storms and tornados between 1999 and 2011 due to flash flooding; and Whereas, the Bee Branch Watershed, which includes the City of Dubuque's most de- veloped areas where over 50% of city residents either live or work, has experienced flooding impacting thousands of properties and over seventy businesses; and Whereas, the City Council of the City of Dubuque has adopted a drainage basin mas- ter plan authored by HDR Engineering that outlines improvements to mitigate flooding collectively referred to as the Bee Branch Watershed Flood Mitigation Project (the Pro- ject); and Whereas, the Flood Mitigation Program was established by the Iowa Legislature and the Governor of Iowa to support community projects for the construction and reconstruc- tion of levees, embankments, impounding reservoirs, or conduits that are necessary for the protection of property from the effects of floodwaters and may include the deepen- ing, widening, alteration, change, diversion, or other improvement of watercourses if necessary for the protection of such property from the effects of floodwaters; and Whereas, the City of Dubuque submitted an application to the Iowa Flood Mitigation Board (the Board) requesting the use of $98,494,178.00 in sales tax increment funds for the Project; and 19 Whereas, the Board, on December 4, 2013, voted to approve the City's application for construction of the Project, subject to the requirements set forth in Iowa Code chap- ter 418 and the administrative rules promulgated under it and subject to the terms and conditions set forth in an agreement; and Whereas, the Board presented an agreement (the Agreement) between the Board and the City; and Whereas, it is in the best interest of the City to enter into the Agreement as required for the City's receipt of the sales tax increment funding; and Whereas, a Flood Project Fund (the Project Fund) shall be created for the Project consisting of State sales tax revenue and any other moneys lawfully received by the City to be used to fund the Project and to pay principal and interest on bonds issued for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: Section 1. The use of sales tax increment revenue from the City's flood project fund for the above purposes is hereby authorized. Section 2. Mayor is hereby authorized to execute and deliver the Agreement and ex- ecute such other documents as the Iowa Flood Mitigation Board may reasonably require that are necessary to bind the City to the terms of the Agreement as required for the City's receipt of $98,494,178.00 in sales tax increment funds for the Bee Branch Water- shed Flood Mitigation Project through the State Flood Mitigation Program. Passed, approved and adopted this 3rd day of February, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 8. Clean Air Attainment Strategy: City Manager providing information and requesting City Council authorization for the Mayor to cosign the letter with Dubuque Metropolitan Area Transportation Study requesting participation in EPA's PM Advance Program - Supporting Local Efforts to Improve Air Quality. Motion by Jones to receive and file the documents and approve the recommendation. Seconded by Connors. Motion carried 7- 0. 9. Architectural Design Guidelines Manual: City Manager recommending approval of the final update of the City of Dubuque's Design Guidelines Manual. Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Res- nick. Motion carried 7-0. 10. Comprehensive Plan Update - Community Engagement Plan: City Manager rec- ommending approval of the Community Engagement Plan for the update of the 2008 Comprehensive Plan. Motion by Jones to receive and file the documents and approve the recommendation. Seconded by Connors. Planning Services Manager stated that one highlight of the plan is that under -represented groups will have a menu of opportu- nities for engagement. Motion carried 7-0. 11. Code of Ordinances Amendment - Dubuque Industrial Center South Economic Development District: City Manager recommending approval of a tax increment ordi- nance for the Dubuque Industrial Center Economic Development District. Motion by 20 Jones to receive and file the documents and that the requirement that a proposed ordi- nance 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 7- 0. Motion by Jones for final consideration and passage of Ordinance No. 10-14 Amend- ing Ordinance No. 70-08, Previously Amended, Providing that General Property Taxes Levied and Collected Each Year on all Property Located within the Amended and Re- stated Dubuque Industrial Center Economic Development District Urban Renewal Area of the City of Dubuque, County of Dubuque, State of Iowa, by and for the Benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School Dis- trict, and Other Taxing Districts, be Paid to a Special Fund for Payment of Principal and Interest on Loans, Monies Advanced to and Indebtedness, Including Bonds Issued or to be Issued, Incurred by Said City in Connection with the Amended and Restated Dubu- que Industrial Center Economic Development District Urban Renewal Redevelopment Project. Seconded by Braig. Motion carried 7-0. 12. Code of Ordinances Amendment - Title 10 Public Ways and Property: City Man- ager recommending wording changes to City of Dubuque Code of Ordinances Title 10 Public Ways and Property, Chapter 5 Parks and Recreation to include the described wording changes to make the ordinance consistent. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Lynch. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 11-14 Amending City of Dubuque Code of Ordinances Title 10 Public Ways and Property, Chapter 5 Parks and Recreation by including Parks, Parkways, Trails, and Open Spac- es in all references to Park Facilities for Code consistency. Seconded by Jones. Motion carried 7-0. 13. Safety and Security Camera Acceptable Use Administrative Policy: City Manager recommending approval of a safety and security camera acceptable use Administrative Policy. Motion by Braig to receive and file the documents and approve the recommen- dation. Seconded by Jones. City Manager Van Milligen and Police Chief Mark Da!sing provided information on what the policy would govern and prohibit and placement guide- lines with respect to public and residential areas. Motion carried 7-0. 14. Campaign Finance Reform: City Council Member Ric Jones recommending adoption of a resolution establishing a position of the City of Dubuque to support efforts to pass an amendment to the United States Constitution related to campaign finance reform. Motion by Braig to receive and file the document and adopt Resolution No. 32- 14 Resolution to establish as a position of the Dubuque City Council that corporations should not receive the same constitutional rights as natural persons do, and that be- cause money is not speech, limits on political spending will promote the goals of the First Amendment by ensuring that all citizens, regardless of wealth, have an opportunity to have their political views heard. Seconded by Connors. Motion carried 5-2 with Lynch and Resnick voting nay. 21 RESOLUTION NO. 32-14 TO ESTABLISH AS A POSITION OF THE DUBUQUE CITY COUNCIL THAT COR- PORATIONS SHOULD NOT RECEIVE THE SAME CONSTITUTIONAL RIGHTS AS NATURAL PERSONS DO, AND THAT BECAUSE MONEY IS NOT SPEECH, LIMITS ON POLITICAL SPENDING WILL PROMOTE THE GOALS OF THE FIRST AMEND- MENT BY ENSURING THAT ALL CITIZENS, REGARDLESS OF WEALTH, HAVE AN OPPORTUNITY TO HAVE THEIR POLITICAL VIEWS HEARD Whereas, the United States Constitution and the Bill of Rights are intended to protect the rights of individual human beings ("natural persons"); and Whereas, corporations are not mentioned in the Constitution and The People have never granted constitutional rights to corporations, and Whereas, the United States Supreme Court recognized in Austin v. Michigan Cham- ber of Commerce (1990) the threat to a republican form of government posed by "the corrosive and distorting effects of immense aggregations of wealth that are accumulated with the help of the corporate form and that have little or no correlation to the public's support for the corporations political ideas"; and Whereas, the United States Supreme Court in Citizens United v. the Federal Election Commission(2010) reversed the decision in Austin, and presents a serious threat to self-government by rolling back legal limits on corporate spending in the electoral pro- cess allowing unlimited corporate spending to influence elections, candidate selection, policy decisions and sway votes; and Whereas, the United States Supreme Court held in Buckley v. Valeo (1976) that the appearance of corruption justified limits on contributions to candidates, but it wrongly rejected other fundamental interests that the City Council finds compelling such as cre- ating a level playing field and ensuring that all citizens, regardless of wealth, have an opportunity to have their political views heard; and Whereas, money is property, it is not speech; and Whereas, Article V of the United States Constitution empowers and obligates the people of the states of the United States of America to use the constitutional amend- ment process to correct those egregiously wrong decisions of the United States Su- preme Court that go to the heart of our democracy and the republican form of self- government. NOW, THEREFORE, BE IT RESOLVED that it is the position of the Dubuque City Council that corporations should not receive the same constitutional rights as natural persons do and that because money is not speech, limits on political spending will pro- mote the goals of the First Amendment by ensuring that all citizens, regardless of wealth, have an opportunity to have their political views heard. BE IT FURTHER RESOLVED that the City of Dubuque hereby includes in its Federal Legislative Agenda support for efforts to pass an Amendment to the United States Con- stitution related to campaign finance reform and ending the false doctrine of corporate constitutional rights and, by sending a copy of this resolution to each federal legislator representing the City of Dubuque, respectfully urges Iowa's Congressional delegation to 22 prioritize congressional proposal of an amendment to the United States Constitution ad dressing the threats to representative government identified in this resolution so that the states may ratify it. Passed, approved and adopted this 3rd day of February, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 15. Fiscal Year 2015 Budget Transmittal: City Manager submitting the Fiscal Year 2015 Budget Transmittal Message. Motion by Connors to receive and file the docu- ments. Seconded by Resnick. City Manager Van Milligen provided a slide presentation regarding the financial history and current fiscal state of the City and its achievements. Motion carried 7-0. There being no further business, upon motion the City Council adjourned at 10:21 p.m. 1t 2/12 /s/Kevin S. Firnstahl, CMC City Clerk 23