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5 20 13 City Council Proceedings Official_Special and Regular CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION The Dubuque City Council met in special session at 5:00 p.m. on May 20, 2013 at the Port of Dubuque Marina. 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 special session of the City Council called for the purpose of conducting a work session tour of the Port of Dubuque Marina. WORK SESSION Port of Dubuque Marina Tour Leisure Services Manager, Marie Ware led a tour of the Port of Dubuque Marina that is scheduled to open June 1, 2013. Council expressed how wonderful everything looked. There being no further business upon motion the City Council adjourned at 5:46 p.m. /s/Trish L Gleason, CMC Assistant City Clerk 1t 5/29 1 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on May, 20, 2013 in th the Historic Federal Building, 350 W. 6 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 MOMENT OF SILENCE May the spirit of wisdom keep our hearts and minds open as we endeavor to serve the common good. PROCLAMATION(S) Board of Realtors 100th Anniversary was accepted by Harry Blewett, President of the Dubuque Board of Realtors. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Jones. Motion carried 7-0 Minutes and Reports Submitted: City Council Proceedings of 5/6, City Council Com- pensation Task Force of 4/10 and 4/29, Five Flags Civic Center of 1/28, Historic Preser- vation Commission of 4/18, Historic Preservation Commission Education Task Force of 5/2, Library Board of Trustees of 3/28, Park and Recreation Advisory Commission of 4/2 and 5/6, Zoning Advisory Commission of 5/1, Zoning Board of Adjustment of 4/25, Proof of publication for City Council Proceedings of 4/1 and 4/15, Proof of publication for List of Claims and Summary of Revenues for Month Ended 3/31/13. Upon motion the doc- uments were received and filed. Notice of Claims and Suits: Area Residential Care for property damage and Maria Reyes for vehicle damage. Upon motion the documents were received and filed, and referred to the City Attorney. 2 Disposition of Claims: City Attorney advising that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As- surance Pool: Area Residential Care for property damage, Christine Johnson for per- sonal injury, Maria Reyes for vehicle damage. Upon motion the documents were re- ceived and filed and concurred. Request for Qualifications - Transit Department Roof Replacement and Sprinkler System Upgrade: City Manager recommending approval to release a Request for Quali- fications for the replacement of two sections of the Transit Facility roof and the upgrade of its sprinkler system. Upon motion the documents were received, filed and approved. ARC Transfer Center Phase I Project - Amendment of Easement: City Manager rec- ommending approval of an Amended Easement Agreement with Area Residential Care, Inc. for the ARC Transfer Center Phase I (Canopy) Project. Upon motion the documents were received, filed and approved. Five Flags Center - Room Rental Rates: City Manager recommending approval of room rental rate increases submitted by SMG, the company managing Five Flags Cen- ter. Upon motion the documents were received, filed and approved. Hazard Mitigation Property Acquisition Demolition Award: City Manager recommend- ing award of the contract for abatement of asbestos-containing materials and demolition of flood-damaged properties at 1711 Old Mill Road and 1654 Manson Road through the FEMA 404 Buy-Out Program to the low bidder, Lansing Brothers Construction Compa- ny, Inc. Upon motion the documents were received, filed and approved. Jule Interim Director and DOT Designated Signatory: City Manager recommending approval of naming the current Jule Operations Supervisor Jodi Johnson as the Interim Transit Manager and recommends City Council authorization of a resolution for the Iowa Department of Transportation/Office of Public Transit indicating the Interim Transit Manager or the Transit Manager are the designated signatories for the Iowa Depart- ment of Transportation/Office of Public Transit related documents. Upon motion the documents were received, filed and approved. 2013 Pavement Marking Project Award: City Manager recommending that the award for the 2013 Pavement Marking Project to Selco, Inc. be officially recorded in the minutes of the City Council. Upon motion the documents were received, filed and ap- proved. 2012 National Park Service Annual Report: City Manager transmitting the 2012 Na- tional Park Service Annual Products Report and Baseline Questionnaire. Upon motion the documents were received and filed. 3 Corporate Aircraft Hangar Roof Repair: City Manager recommending approval to re- allocate funds for the removal and replacement of the existing roof of the Pictaio Aero- space Corporate Hangar at the Dubuque Regional Airport. Upon motion the documents were received, filed and approved. 2013-2014 Urban Deer Management Plan: City Manager recommending approval of the 2013-2014 City of Dubuque Urban Deer Management Plan. Upon motion the docu- ments were received, filed and approved. Tour Dubuque - Trail and Park Use Agreement: City Manager recommending allow- ing Tour Dubuque Trikkes on the Riverwalk and other areas approved by the City with a one-year trial period as approved by the Park and Recreation Advisory Commission. Upon motion the documents were received, filed and approved. Catfish Creek Watershed Management Plan Consultant: City Manager recommend- ing approval of the selection of Applied Ecological Services as the consultant for the Catfish Creek Watershed Management Plan, and authorize City staff to negotiate a con- tract for services. Upon motion the documents were received, filed and approved th Sanitary Sewer Manhole Replacement (7 and White Streets) Project Award: City Manager recommending that the award for the 7th and White Streets Sanitary Sewer Manhole Replacement Project to Top Grade Excavating be officially recorded in the minutes of the City Council. Upon motion the documents were received, filed and made a matter of record. Collective Bargaining Agreement Amendment for Operating Engineers Local #234: City Manager recommending approval of an amendment to the Collective Bargaining Agreement between the City of Dubuque and the International Union of Operating Engi- neers, Local #234. Upon motion the documents were received, filed and approved Sewer Revenue Capital Loan Notes Series 2013B Complete Action on Issuance: City Manager recommending approval of the suggested proceedings to complete action re- quired on the $3,058,000 Sewer Revenue Capital Loan Notes (Series 2013B) through the Iowa Water Pollution Control Works Financing Program. Resolution No. 149-13 ap- proving and authorizing a Form of Loan and Disbursement Agreement by and between the City of Dubuque, Iowa and the Iowa Finance Authority, and authorizing and provid- ing for the issuance and securing the payment of $3,058,000 Sewer Revenue Capital Loan Notes, Series 2013B, of the City of Dubuque, Iowa, under the provisions of the City Code of Iowa, and providing for a method of payment of said notes. Upon motion the documents were received, filed and resolution adopted. RESOLUTION NO. 149-13 APPROVING AND AUTHORIZING A FORM OF LOAN AND DISBURSEMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND THE IOWA FINANCE AUTHORITY, AND AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SECURING THE PAYMENT OF $3,058,000 SEWER REVENUE CAPITAL LOAN 4 NOTES, SERIES 2013B, OF THE CITY OF DUBUQUE, IOWA, UNDER THE PROVI- SIONS OF THE CITY CODE OF IOWA, AND PROVIDING FOR A METHOD OF PAY- MENT OF SAID NOTES Whereas, the City Council of the City of Dubuque, Iowa, sometimes hereinafter re- ferred to as the "Issuer", has heretofore established charges, rates and rentals for ser- vices which are and will continue to be collected as system revenues of the municipal sewer system, sometimes hereinafter referred to as the "System", and said revenues have not been pledged and are available for the payment of Sewer Revenue Capital Loan Notes, Series 2013B, subject to the following premises; and Whereas, Issuer proposes to issue its Sewer Revenue Capital Loan Notes, Series 2013B, to the extent of $3,058,000, for the purpose of defraying the costs of the Project as set forth in Section 1 of this Resolution; and, it is deemed necessary and advisable and in the best interests of the City that a form of Loan and Disbursement Agreement by and between the City and the Iowa Finance Authority, be approved and authorized; and Whereas, there were issued $2,000,000 Sewer Revenue Capital Loan Notes, Series 2009A, $1,141,000 Sewer Revenue Capital Loan Notes, Series 2010A, $64,885,000 Sewer Revenue Capital Loan Notes, Series 2010E, and $3,048,000 Sewer Revenue Capital Loan Notes, Series 2013, part of which remain outstanding and are a lien on the net revenues of the System (the "Outstanding Obligations"). In the resolution authoriz- ing the issuance of the Outstanding Obligations it is provided that additional revenue notes or bonds may be issued on a parity with the outstanding notes or bonds, for the costs of future improvements and extensions to the System, provided that there has been procured and placed on file with the City Clerk, a statement complying with the conditions and limitations therein imposed upon the issuance of said parity notes or bonds; and Whereas, the Original Purchaser of the current issue of Notes also purchased and holds the Outstanding Obligations issue and has waived any requirement in the resolu- tion authorizing the Outstanding Obligations to obtain a "parity certificate" from an inde- pendent auditor, and hereby consents to the current issue on an equal parity to the Out- standing Obligations; and Whereas, the notice of intention of Issuer to take action for the issuance of $3,058,000 Sewer Revenue Capital Loan Notes, Series 2013B, has heretofore been duly published and no objections to such proposed action have been filed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: Section 1. Definitions. The following terms shall have the following meanings in this Resolution unless the text expressly or by necessary implication requires otherwise: ♦ "Additional Bonds" shall mean any sewer revenue bonds or notes or other obliga- tions issued on a parity with the Notes in accordance with the provisions of Section 21 hereof. ♦ "Agreement" shall mean a Loan and Disbursement Agreement dated as of the Closing between the City and the Original Purchaser relating to the Loan made to the City under the Program. ♦ "City Clerk" shall mean the City Clerk or such other officer of the successor Govern- ing Body as shall be charged with substantially the same duties and responsibilities. ♦ "Closing" shall mean the date of delivery of the Note to the Original Purchaser and 5 the funding of the Loan by the Trustee. ♦ "Corporate Seal" shall mean the official seal of Issuer adopted by the Governing Body. ♦ "Fiscal Year" shall mean the twelve months' period beginning on July 1 of each year and ending on the last day of June of the following year, or any other consecutive twelve-month period adopted by the Governing Body or by law as the official accounting period of the System; provided, that the requirements of a fiscal year as expressed in this Resolution shall exclude any payment of principal or interest falling due on the first day of the fiscal year and include any payment of principal or interest falling due on the first day of the succeeding fiscal year. ♦ "Governing Body" shall mean the City Council, or its successor in function with re- spect to the operation and control of the System. ♦ "Independent Auditor" shall mean an independent firm of certified public account- ants or the Auditor of State. ♦ "Issuer" and "City" shall mean the City of Dubuque, Iowa. ♦ "Loan" shall mean the principal amount allocated by the Original Purchaser to the City under the Program, equal in amount to the principal amount of the Notes. ♦ "Net Revenues" shall mean gross earnings of the System after deduction of Current Expenses; "Current Expenses" shall mean and include the reasonable and necessary cost of operating, maintaining, repairing and insuring the System, including purchases at wholesale, if any, salaries, wages, and costs of materials and supplies, but excluding depreciation and principal of and interest on the Notes and any Parity Obligations or payments to the various funds established herein; capital costs, depreciation and inter- est or principal payments are not System expenses. ♦ "Notes" or "Note" shall mean $3,058,000 Sewer Revenue Capital Loan Notes, Se- ries 2013B, authorized to be issued by this Resolution. ♦ "Original Purchaser" shall mean the Iowa Finance Authority, as the purchaser of the Notes from Issuer at the time of their original issuance. ♦ "Outstanding Obligations" shall mean the Sewer Revenue Capital Loan Notes, 2009A, dated January 14, 2009, issued in accordance with a resolution adopted De- cember 15, 2008 $1,555,000 of which obligations are still outstanding and unpaid and remain a lien on the Net Revenues of the System; Sewer Revenue Capital Loan Notes, Series 2010A, dated January 13, 2010 issued in accordance with a resolution adopted December 21, 2009 $1,586,000 of which obligations are still outstanding and unpaid and remain a lien on the Net Revenues of the System; Sewer Revenue Capital Loan Notes, Series 2010E, dated August 18, 2010 issued in accordance with a resolution adopted August 10, 2010 $64,885,000 of which obligations are still outstanding and un- paid and remain a lien on the Net Revenues of the System; and $3,048,000 Sewer Revenue Capital Loan Notes, Series 2013, dated April 19, 2013, issued in accordance with a resolution adopted April 1, 2013, $3,048,000 of which obligations are still out- standing and unpaid and remain a lien on the Net Revenues of the System. ♦ "Parity Obligations" shall mean notes or bonds payable solely from the Net Reve- nues of the System on an equal basis with the Notes herein authorized to be issued and shall include Additional Bonds as authorized to be issued under the terms of this Reso- lution and the Outstanding Obligations. ♦ "Paying Agent" shall mean the Finance Director, or such successor as may be ap- 6 proved by Issuer as provided herein and who shall carry out the duties prescribed here- in as Issuer's Agent to provide for the payment of principal of and interest on the Notes as the same shall become due. ♦ "Permitted Investments" shall mean: • direct obligations of (including obligations issued or held in book entry form on the books of) the Department of the Treasury of the United States of America; • cash (insured at all times by the Federal Deposit Insurance Corporation or other- wise collateralized with obligations described in the above paragraph); • obligations of any of the following federal agencies which obligations represent full faith and credit of the United States of America, including: -Export - Import Bank -Farm Credit System Financial Assistance Corporation -USDA - Rural Development -General Services Administration -U.S. Maritime Administration -Small Business Administration -Government National Mortgage Association (GNMA) -U.S. Department of Housing & Urban Development (PHA's) -Federal Housing Administration • repurchase agreements whose underlying collateral consists of the investments set out above if the Issuer takes delivery of the collateral either directly or through an au- thorized custodian. Repurchase agreements do not include reverse repurchase agree- ments; • senior debt obligations rated "AAA" by Standard & Poor's Corporation (S&P) or "AAA" by Moody's Investors Service Inc. (Moody's) issued by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation; • U.S. dollar denominated deposit accounts, federal funds and banker's acceptances with domestic commercial banks which have a rating on their short-term certificates of deposit on the date of purchase of "A-1" or "A- 1+" by S&P or "P-1" by Moody's and ma- turing no more than 360 days after the date of purchase (ratings on holding companies are not considered as the rating of the bank); • commercial paper which is rated at the time of purchase in the single highest classi- fication, "A-1+" by S&P or "P-1" by Moody's and which matures not more than 270 days after the date of purchase; • investments in a money market fund rated "AAAM" or "AAAM-G" or better by S&P; • pre-refunded Municipal Obligations, defined as any bonds or other obligations of any state of the United States of America or of any agency, instrumentality or local gov- ernmental unit of any such state which are not callable at the option of the obligor prior to maturity or as to which irrevocable instructions have been given by the obligor to call on the date specified in the notice; and (a) which are rated, based on an irrevocable es- crow account or fund (the "escrow"), in the highest rating category of S&P or Moody's or any successors thereto; or (b)(i) which are fully secured as to principal and interest and redemption premium, if any, by an escrow consisting only of cash or direct obligations of the Department of the Treasury of the United States of America, which escrow may be applied only to the payment of such principal of and interest and redemption premium, if any, on such bonds or other obligations on the maturity date or dates thereof or the 7 specified redemption date or dates pursuant to such irrevocable instructions, as appro- priate; and (ii) which escrow is sufficient, as verified by a nationally recognized inde- pendent certified public accountant, to pay principal of and interest and redemption premium, if any, on the bonds or other obligations described in this paragraph on the maturity date or dates specified in the irrevocable instructions referred to above, as ap- propriate; • tax exempt bonds as defined and permitted by section 148 of the Internal Revenue Code and applicable regulations and only if rated within the two highest classifications as established by at least one of the standard rating services approved by the superin- tendent of banking by rule adopted pursuant to chapter 17A Code of Iowa; • an investment contract rated within the two highest classifications as established by at least one of the standard rating services approved by the superintendent of banking by rule adopted pursuant to chapter 17A Code of Iowa; and • Iowa Public Agency Investment Trust. "Prior Note Resolutions" shall mean the resolution of the City Council adopted on December 15, 2008, authorizing the issuance of the Sewer Revenue Capital Loan Notes, Series 2009A, dated January 1, 2009; resolution adopted on December 21, 2009, authorizing the issuance of the Sewer Revenue Capital Loan Notes, Series 2010A, dated January 13, 2010; and resolution adopted on August 10, 2010, authoriz- ing the issuance of the Sewer Revenue Capital Loan Notes, Series 2010E, dated Au- gust 18, 2010. ♦ "Program" shall mean the Iowa Water Pollution Control Works Financing Program undertaken by the Original Purchaser. ♦ "Project" shall mean the costs of acquisition, construction, reconstruction, extend- ing, remodeling, improving, repairing and equipping of the System, including those costs associated with refunding outstanding water obligation indebtedness of the City, con- sisting of a portion of the Water Revenue Capital Loan Notes, Series 2010C, dated Feb- ruary 12, 2010; and that the Municipal Sewer Utility pay its portion of the costs associ- ated with the acquisition and installation of a fixed radio network water meter system. ♦ "Project Fund" shall mean the Loan Account maintained by the Trustee under the Program for the benefit of the Issuer, into which the proceeds of the Loan and the Note shall be allocated and held until disbursed to pay Project costs. ♦ "Rebate Fund" shall mean the fund so defined in and established pursuant to the Tax Exemption Certificate. ♦ "Registrar" shall be the Finance Director, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein with respect to maintaining a register of the owners of the Notes. Unless otherwise specified, the Registrar shall also act as Transfer Agent for the Notes. ♦ "System" shall mean the municipal sewer system utility of the Issuer and all proper- ties of every nature hereinafter owned by the Issuer comprising part of or used as a part of the System, including all wastewater treatment facilities, including all wastewater treatment facilities, sanitary sewers, force mains, pumping stations and all related prop- erty and improvements and extensions made by Issuer while any of the Notes or Parity Obligations remain outstanding; all real and personal property; and all appurtenances, contracts, leases, franchises and other intangibles. ♦ "Tax Exemption Certificate" shall mean the Tax Exemption Certificate executed by 8 the Finance Director and delivered at the time of issuance and delivery of the Notes. ♦ "Treasurer" shall mean the Finance Director or such other officer as shall succeed to the same duties and responsibilities with respect to the recording and payment of the Notes issued hereunder. ♦ "Trustee" shall mean Wells Fargo Bank, National Association, with its principal of- fice located in the City of Chicago, Illinois, and its successors and any corporation re- sulting from or surviving any consolidation or merger to which it or its successors may be a party and any successor trustee under the Program. ♦ "Yield Restricted" shall mean required to be invested at a yield that is not materially higher than the yield on the Notes under Section 148(a) of the Internal Revenue Code or regulations issued thereunder. Section 2. Authority. The Agreement and the Notes authorized by this Resolution shall be issued pursuant to Sections 384.24A, 384.82, and 384.83 of the Code of Iowa, and in compliance with all applicable provisions of the Constitution and laws of the State of Iowa. The Agreement shall be substantially in the form attached to this Resolution and is authorized to be executed and issued on behalf of the Issuer by the Mayor and attested by the City Clerk. Section 3. Authorization and Purpose. There are hereby authorized to be issued, ne- gotiable, serial, fully registered Revenue Notes of the City of Dubuque, in the County of Dubuque, Iowa, each to be designated as "Sewer Revenue Capital Loan Note, Series 2013B", in the aggregate amount of $3,058,000, for the purpose of paying costs of the Project. The City Council, pursuant to Sections 384.24A, 384.82, and 384.83 of the City Code of Iowa, hereby finds and determines that it is necessary and advisable to issue said Notes authorized by the Agreement and this Resolution. Section 4. Source of Payment. The Notes herein authorized and Parity Obligations and the interest thereon shall be payable solely and only out of the net earnings of the System and shall be a first lien on the future Net Revenues of the System. The Notes shall not be general obligations of the Issuer nor shall they be payable in any manner by taxation and the Issuer shall be in no manner liable by reason of the failure of the said Net Revenues to be sufficient for the payment of the Notes. Section 5. Note Details. Sewer Revenue Capital Loan Notes, Series 2013B, of the City in the amount of $3,058,000, shall be issued to evidence the obligations of the Is- suer under the Agreement pursuant to the provisions of Sections 384.24A, 384.82, and 384.83 of the City Code of Iowa for the aforesaid purpose. The Notes shall be designat- ed "SEWER REVENUE CAPITAL LOAN NOTE, SERIES 2013B", be dated the date of delivery, and bear interest at the rate of 3.00% per annum from the date of each ad- vancement made under the Agreement, until payment thereof, at the office of the Pay- ing Agent, said interest payable on December 1, 2013, and semi-annually thereafter on st the 1 day of June and December in each year until maturity as set forth on the Debt Service Schedule attached to the Agreement as Exhibit A and incorporated herein by this reference. As set forth on said Debt Service Schedule, principal shall be payable on st June 1, 2013 and annually thereafter on the 1 day of June in the amounts set forth therein until principal and interest are fully paid, except that the final installment of the entire balance of principal and interest, if not sooner paid, shall become due and paya- ble on June 1, 2031. Notwithstanding the foregoing or any other provision hereof, prin- cipal and interest shall be payable as shown on said Debt Service Schedule until com- 9 pletion of the Project, at which time the final Debt Service Schedule shall be determined by the Trustee based upon actual advancements, final costs and completion of the Pro- ject, all as provided in the administrative rules governing the Program. Payment of prin- cipal and interest on the Notes shall at all times conform to said Debt Service Schedule and the rules of the Program. The Notes shall be executed by the manual or facsimile signature of the Mayor and attested by the manual or facsimile signature of the Clerk, and impressed or imprinted with the seal of the City and shall be fully registered as to both principal and interest as provided in this Resolution; principal, interest and premium, if any, shall be payable at the office of the Paying Agent by mailing of a check, wire transfer or automated clearing house system transfer to the registered owner of the Note. The Notes shall be in the denomination of $1,000 or multiples thereof and may at the request of the Original Pur- chaser be initially issued as a single Note in the denomination of $3,058,000 and num- bered R-1. Section 6. Servicing Fee. In addition to the payment of principal of and interest on the Notes, the Issuer also agrees to pay the Servicing Fee as defined and in accordance with the terms of the Agreement. Section 7. Redemption. The Notes are subject to optional redemption at a price of par plus accrued interest (i) on any date upon receipt of written consent of the Original Purchaser or (ii) in the event that all or substantially all of the Project is damaged or de- stroyed. Any optional redemption of the Notes may be made from any funds regardless of source, in whole or from time to time in part, in inverse order of maturity, by giving not less than thirty (30) days' notice of redemption by certified or registered mail to the Orig- inal Purchaser (or any other registered owner of the Note). The terms of redemption shall be par, plus accrued interest to date of call. The Notes are also subject to manda- tory redemption as set forth in Section 5 of the Agreement. Section 8. Registration of Notes; Appointment of Registrar; Transfer; Ownership; De- livery; and Cancellation. (a) Registration. The ownership of Notes may be transferred only by the making of an entry upon the books kept for the registration and transfer of ownership of the Notes, and in no other way. The Treasurer is hereby appointed as Note Registrar under the terms of this Resolution. Registrar shall maintain the books of the Issuer for the registra- tion of ownership of the Notes for the payment of principal of and interest on the Notes as provided in this Resolution. All Notes shall be negotiable as provided in Article 8 of the Uniform Commercial Code subject to the provisions for registration and transfer con- tained in the Notes and in this Resolution. (b) Transfer. The ownership of any Note may be transferred only upon the Registra- tion Books kept for the registration and transfer of Notes and only upon surrender thereof at the office of the Registrar together with an assignment duly executed by the holder or his duly authorized attorney in fact in such form as shall be satisfactory to the Registrar, along with the address and social security number or federal employer identi- fication number of such transferee (or, if registration is to be made in the name of multi- ple individuals, of all such transferees). In the event that the address of the registered owner of a Note (other than a registered owner which is the nominee of the broker or dealer in question) is that of a broker or dealer, there must be disclosed on the Registra- tion Books the information pertaining to the registered owner required above. Upon the 10 transfer of any such Note, a new fully registered Note, of any denomination or denomi- nations permitted by this Resolution in aggregate principal amount equal to the unma- tured and unredeemed principal amount of such transferred fully registered Note, and bearing interest at the same rate and maturing on the same date or dates shall be de- livered by the Registrar. (c) Registration of Transferred Notes. In all cases of the transfer of the Notes, the Registrar shall register, at the earliest practicable time, on the Registration Books, the Notes, in accordance with the provisions of this Resolution. (d) Ownership. As to any Note, the person in whose name the ownership of the same shall be registered on the Registration Books of the Registrar shall be deemed and re- garded as the absolute owner thereof for all purposes, and payment of or on account of the principal of any such Notes and the premium, if any, and interest thereon shall be made only to or upon the order of the registered owner thereof or his legal representa- tive. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Note, including the interest thereon, to the extent of the sum or sums so paid. (e) Cancellation. All Notes which have been redeemed shall not be reissued but shall be cancelled by the Registrar. All Notes which are cancelled by the Registrar shall be destroyed and a Certificate of the destruction thereof shall be furnished promptly to the Issuer; provided that if the Issuer shall so direct, the Registrar shall forward the can- celled Notes to the Issuer. (f) Non-Presentment of Notes. In the event any payment check representing payment of principal of or interest on the Notes is returned to the Paying Agent or if any note is not presented for payment of principal at the maturity or redemption date, if funds suffi- cient to pay such principal of or interest on Notes shall have been made available to the Paying Agent for the benefit of the owner thereof, all liability of the Issuer to the owner thereof for such interest or payment of such Notes shall forthwith cease, terminate and be completely discharged, and thereupon it shall be the duty of the Paying Agent to hold such funds, without liability for interest thereon, for the benefit of the owner of such Notes who shall thereafter be restricted exclusively to such funds for any claim of what- ever nature on his part under this Resolution or on, or with respect to, such interest or Notes. The Paying Agent's obligation to hold such funds shall continue for a period equal to two years and six months following the date on which such interest or principal became due, whether at maturity, or at the date fixed for redemption thereof, or other- wise, at which time the Paying Agent, shall surrender any remaining funds so held to the Issuer, whereupon any claim under this Resolution by the Owners of such interest or Notes of whatever nature shall be made upon the Issuer. Section 9. Reissuance of Mutilated, Destroyed, Stolen or Lost Notes. In case any outstanding Note shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the request of Registrar authenticate and deliver a new Note of like tenor and amount as the Note so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Note to Registrar, upon surrender of such mutilated Note, or in lieu of and substitution for the Note destroyed, stolen or lost, upon filing with the Registrar evi- dence satisfactory to the Registrar and Issuer that such Note has been destroyed, sto- len or lost and proof of ownership thereof, and upon furnishing the Registrar and Issuer with satisfactory indemnity and complying with such other reasonable regulations as the 11 Issuer or its agent may prescribe and paying such expenses as the Issuer may incur in connection therewith. Section 10. Record Date. Payments of principal and interest, otherwise than upon full redemption, made in respect of any Note, shall be made to the registered holder thereof or to their designated Agent as the same appear on the books of the Registrar on the th 15 day of the month preceding the payment date. All such payments shall fully dis- charge the obligations of the Issuer in respect of such Notes to the extent of the pay- ments so made. Section 11. Execution, Authentication and Delivery of the Notes. Upon the adoption of this Resolution, the Mayor and City Clerk shall execute and deliver the Notes to the Registrar, who shall authenticate the Notes and deliver the same to or upon order of the Original Purchaser. No Note shall be valid or obligatory for any purpose or shall be enti- tled to any right or benefit hereunder unless the Registrar shall duly endorse and exe- cute on such Note a Certificate of Authentication substantially in the form of the Certifi- cate herein set forth. Such Certificate upon any Note executed on behalf of the Issuer shall be conclusive evidence that the Note so authenticated has been duly issued under this Resolution and that the holder thereof is entitled to the benefits of this Resolution. Section 12. Right to Name Substitute Paying Agent or Registrar. Issuer reserves the right to name a substitute, successor Registrar or Paying Agent upon giving prompt writ- ten notice to each registered noteholder. Section 13. Form of Note. Notes shall be printed in substantial compliance with standards proposed by the American Standards Institute substantially in the form as \[Provided\]: Section 14. Equality of Lien. The timely payment of principal of and interest on the Notes and Parity Obligations shall be secured equally and ratably by the revenues of the System without priority by reason of number or time of sale or delivery; and the rev- enues of the System are hereby irrevocably pledged to the timely payment of both prin- cipal and interest as the same become due. Section 15. Application of Note Proceeds - Project Fund. Proceeds of the Notes shall be credited to the Project Fund and expended therefrom for the purposes of issuance. Any amounts on hand in the Project Fund shall be available for the payment of the prin- cipal of or interest on the Notes at any time that other funds of the System shall be in- sufficient to the purpose, in which event such funds shall be repaid to the Project Fund at the earliest opportunity. Any balance on hand in the Project Fund and not immediate- ly required for its purposes may be invested not inconsistent with limitations provided by law, the Internal Revenue Code and this Resolution. Section 16. User Rates. There has heretofore been established and published as re- quired by law, just and equitable rates or charges for the use of the service rendered by the System. Said rates or charges shall be paid by the owner of each and every lot, parcel of real estate, or building that is connected with and uses the System, by or through any part of the System or that in any way uses or is served by the System. Any revenue paid and collected for the use of the System and its services by the Is- suer or any department, agency or instrumentality of the Issuer shall be used and ac- counted for in the same manner as any other revenues derived from the operations of the System. Section 17. Application of Revenues. From and after the delivery of any Notes, and 12 as long as any of the Notes or Parity Obligations shall be outstanding and unpaid either as to principal or as to interest, or until all of the Notes and Parity Obligations then out- standing shall have been discharged and satisfied in the manner provided in this Reso- lution, the entire income and revenues of the System shall be deposited as collected in a fund to be known as the Sewer Revenue Fund (the "Revenue Fund"), and shall be disbursed only as follows: The provisions in the Prior Note Resolution heretofore adopted on August 10, 2010, whereby there was created and is to be maintained a Sewer Revenue Note Principal and Interest Sinking Fund, and for the monthly payment into said fund from the future Net Revenues of the System such portion thereof as will be sufficient to meet the princi- pal and interest of the Outstanding Obligations, and maintaining a reserve therefor, are hereby ratified and confirmed, and all such provisions inure to and constitute the securi- ty for the payment of the principal and interest on Notes hereby authorized to be issued; provided, however, that the amounts to be set aside and paid into the Sewer Revenue Note Principal and Interest Sinking Fund in equal monthly installments from the earn- ings shall be sufficient to pay the principal and interest due each year, not only on the Outstanding Obligations, but also the principal and interest of the Notes herein author- ized to be issued and to maintain a reserve therefor. Section 6.5 of the Prior Note Reso- lution is hereby ratified, confirmed, adopted and incorporated herein as a part of this Resolution. Except as may be otherwise provided in the above Prior Note Resolutions, proceeds of the Notes or other funds may be invested in Permitted Investments. Nothing in this Resolution shall be construed to impair the rights vested in the Out- standing Obligations. The amounts herein required to be paid into the various funds named in this Section shall be inclusive of payments required in respect to the Out- standing Obligations. The provisions of the legislation authorizing the Outstanding Obli- gations and the provisions of this Resolution are to be construed wherever possible so that the same will not be in conflict. In the event such construction is not possible, the provisions of the resolution first adopted shall prevail until such time as the notes or bonds authorized by said resolution have been paid in full or otherwise satisfied as therein provided at which time the provisions of this Resolution shall again prevail. At such time as the Outstanding Obligations are paid and so long as the Notes or Parity Obligations remain outstanding and unpaid the same are discharged and satis- fied in the manner provided in this Resolution, the entire income and revenues of the system shall be deposited and collected in a fund to be known as the Revenue Fund, and shall be disbursed only as follows: ● Operation and Maintenance Fund. Money in the Revenue Fund shall first be dis- bursed to make deposits into a separate and special fund to pay current expenses. The fund shall be known as the Sewer Utility Operation and Maintenance Fund (the "Opera- tion and Maintenance Fund"). There shall be deposited in the Operation and Mainte- nance Fund each month an amount sufficient to meet the current expenses of the month plus an amount equal to 1/12th of expenses payable on an annual basis such as insurance. After the first day of the month, further deposits may be made to this account from the Revenue Fund to the extent necessary to pay current expenses accrued and payable to the extent that funds are not available in the Surplus Fund. ● Sinking Fund. Money in the Revenue Fund shall next be disbursed to make depos- its into a separate and special fund to pay principal of and interest on the Notes and 13 Parity Obligations. The fund shall be known as the Sewer Revenue Note Principal and Interest Sinking Fund (the "Sinking Fund"). The required amount to be deposited in the th Sinking Fund in any month shall be an amount equal to 1/6 of the installment of inter- est coming due on the next interest payment date on the then outstanding Notes and th Parity Obligations, plus 1/12 of the installment of principal coming due on such Notes on the next succeeding principal payment date until the full amount of such installment is on hand. If for any reason the amount on hand in the Sinking Fund exceeds the re- quired amount, the excess shall forthwith be withdrawn and paid into the Revenue Fund. Money in the Sinking Fund shall be used solely for the purpose of paying princi- pal of and interest on the Notes and Parity Obligations as the same shall become due and payable. ● Subordinate Obligations. Money in the Revenue Fund may next be used to pay principal of and interest on (including reasonable reserves therefor) any other obliga- tions which by their terms shall be payable from the revenues of the System, but subor- dinate to the Notes and Parity Obligations, and which have been issued for the purpos- es of extensions and improvements to the System or to retire the Notes or Parity Obli- gations in advance of maturity, or to pay for extraordinary repairs or replacements to the System. ● Surplus Revenue. All money thereafter remaining in the Revenue Fund at the close of each month may be deposited in any of the funds created by this Resolution, to pay for extraordinary repairs or replacements to the System, or may be used to pay or re- deem the Notes or Parity Obligations, any of them, or for any lawful purpose. Money in the Revenue Fund shall be allotted and paid into the various funds and accounts here- inbefore referred to in the order in which said funds are listed, on a cumulative basis on the 10th day of each month, or on the next succeeding business day when the l0th shall not be a business day; and if in any month the money in the Revenue Fund shall be in- sufficient to deposit or transfer the required amount in any of said funds or accounts, the deficiency shall be made up in the following month or months after payments into all funds and accounts enjoying a prior claim to the revenues shall have been met in full. Section 18. Investments. Moneys on hand in the Project Fund and all of the funds provided by this Resolution may be invested only in Permitted Investments or deposited in financial institutions which are members of the Federal Deposit Insurance Corpora- tion, or its equivalent successor, and the deposits of which are insured thereby and all such deposits exceeding the maximum amount insured from time to time by FDIC or its equivalent successor in any one financial institution shall be continuously secured in compliance with Iowa Code chapter 12C, or otherwise by a valid pledge of direct obliga- tions of the United States Government having an equivalent market value. All invest- ments shall mature before the date on which the moneys are required for the purposes for which the fund was created or otherwise as herein provided. The provisions of this Section shall not be construed to require the Issuer to maintain separate accounts for the funds created by this Resolution. The Sinking Fund shall be segregated in a sepa- rate account but may be invested in the same manner as other funds of the Issuer but designated as a trust fund on the books and records of the Issuer. The Sinking Fund shall not be available for any other purposes other than those specified in this Resolu- tion. All income derived from such investments shall be deposited in the Revenue Fund and shall be regarded as revenues of the System. Investments shall at any time neces- 14 sary be liquidated and the proceeds thereof applied to the purpose for which the respec- tive fund was created. Section 19. Covenants Regarding the Operation of the System. The Issuer hereby covenants and agrees with each and every holder of the Notes and Parity Obligations: (a) Maintenance and Efficiency. The Issuer will maintain the System in good condi- tion and operate it in an efficient manner and at reasonable cost. (b) Sufficiency of Rates. On or before the beginning of each Fiscal Year the Govern- ing Body will adopt or continue in effect rates for all services rendered by the System determined to be sufficient to produce Net Revenues for the next succeeding Fiscal Year which are (i) adequate to pay the principal and interest requirements thereof and to create or maintain the reserves as provided in this Resolution, and (ii) not less than 110 percent of the principal and interest requirements of the next succeeding Fiscal Year. No free use of the System by the Issuer or any department, agency or instrumen- tality of the Issuer shall be permitted except upon the determination of the Governing Body that the rates and changes otherwise in effect are sufficient to provide Net Reve- nues at least equal to the requirements of this subsection. (c) Insurance. The Issuer shall maintain insurance for the benefit of the Noteholders on the insurable portions of the System of a kind and in an amount which normally would be carried by private companies engaged in a similar kind of business. The pro- ceeds of any insurance, except public liability insurance, shall be used to repair or re- place the part or parts of the System damaged or destroyed, or if not so used shall be placed in an improvement fund for the benefit of the System. (d) Accounting and Audits. The Issuer will cause to be kept proper books and ac- counts adapted to the System and in accordance with generally accepted accounting practices and will diligently act to cause the books and accounts to be audited and re- ported upon by an Independent Auditor and will provide copies of the audit report to the Department, all as provided in the Agreement. The Original Purchaser and holders of any of the Notes and Parity Obligations shall have at all reasonable times the right to inspect the System and the records, accounts and data of the Issuer relating thereto. (e) State Laws. The Issuer will faithfully and punctually perform all duties with refer- ence to the System required by the Constitution and laws of the State of Iowa, including the making and collecting of reasonable and sufficient rates for services rendered by the System as above provided, and will segregate the revenues of the System and apply said revenues to the funds specified in this Resolution. (f) Property. The Issuer will not sell, lease, mortgage or in any manner dispose of the System, or any capital part thereof, including any and all extensions and additions that may be made thereto, until satisfaction and discharge of all of the Notes and Parity Ob- ligations shall have been provided for in the manner provided in this Resolution; provid- ed, however, this covenant shall not be construed to prevent the disposal by the Issuer of property which in the judgment of its Governing Body has become inexpedient or un- profitable to use in connection with the System, or if it is to the advantage of the System that other property of equal or higher value be substituted therefor, and provided further that the proceeds of the disposition of such property shall be placed in a revolving fund to be used in preference to other sources for capital improvements to the System. Any such proceeds of the disposition of property acquired with the proceeds of the Notes or Parity Obligations shall not be used to pay principal or interest on the Notes and Parity 15 Obligations or for payments into the Sinking Fund. (g) Fidelity Bond. That the Issuer shall maintain fidelity bond coverage in amounts which normally would be carried by private companies engaged in a similar kind of business on each officer or employee having custody of funds of the System. (h) Additional Charges. The Issuer will require proper connecting charges and/or oth- er security for the payment of service charges. (i) Budget. The Governing Body of the Issuer shall approve and conduct operations pursuant to a system budget of revenues and current expenses for each Fiscal Year. Such budget shall take into account revenues and current expenses during the current and last preceding Fiscal Years. Copies of such budget and any amendments thereto shall be mailed to the Original Purchaser and to the Noteholders upon request. (j) Loan and Disbursement Agreement. The Issuer will comply with the terms and conditions of the Loan and Disbursement Agreement and perform as provided thereun- der. Section 20. Remedies of Noteholders. Except as herein expressly limited the holder or holders of the Notes and Parity Obligations shall have and possess all the rights of action and remedies afforded by the common law, the Constitution and statutes of the State of Iowa, and of the United States of America, for the enforcement of payment of their Notes and interest thereon, and of the pledge of the revenues made hereunder, and of all covenants of the Issuer hereunder. Section 21. Prior Lien and Parity Obligations. The Issuer will issue no other notes, bonds or obligations of any kind or nature payable from or enjoying a lien or claim on the property or revenues of the System having priority over the Notes or Parity Obliga- tions. Additional Bonds may be issued on a parity and equality of rank with the Notes with respect to the lien and claim of such additional obligations to the revenues of the Sys- tem and the money on deposit in the funds adopted by this Resolution, for the following purposes and under the following conditions, but not otherwise: (a) For the purpose of refunding any of the Notes or Parity Obligations which shall have matured or which shall mature not later than three months after the date of deliv- ery of such refunding obligation and for the payment of which there shall be insufficient money in the Sinking Fund; (b) For the purpose of making extensions, additions, improvements or replacements to the System, or refunding any outstanding Notes, Parity Obligations or other obliga- tions issued for such extensions, additions and improvements, if all of the following con- ditions shall have been met: (i) before any such Additional Bonds ranking on a parity are issued, there will have been procured and filed with the Clerk, a statement of an Independent Auditor, not a regular employee of the Issuer, reciting the opinion based upon necessary investiga- tions that the Net Revenues of the System for the preceding Fiscal Year (with adjust- ments as hereinafter provided) were equal to at least 1.10 times the maximum amount that will be required in any Fiscal Year prior to the longest maturity of any of the then outstanding Notes or Parity Obligations for both principal of and interest on all Notes or Parity Obligations then outstanding which are payable from the net earnings of the Sys- tem and the Additional Bonds then proposed to be issued. For the purpose of determin- ing the Net Revenues of the System for the preceding Fiscal Year as aforesaid, the 16 amount of the gross revenues for such year may be adjusted by an independent con- sulting engineer or by the Independent Auditor, so as to reflect any changes in the amount of such revenues which would have resulted had any revision of the schedule of rates or charges imposed at or prior to the time of the issuance of any such Additional Bonds been in effect during all of such preceding Fiscal Year. (ii) the Additional Bonds must be payable as to principal and as to interest on the same month and day as the Notes herein authorized. (iii) for the purposes of this Section, principal and interest falling due on the first day of a Fiscal Year shall be deemed a requirement of the immediately preceding Fiscal Year. (iv) for the purposes of this Section, general obligation bonds or notes shall be re- funded only upon a finding of necessity by the Governing Body and only to the extent the general obligation bonds or notes were issued or the proceeds thereof were ex- pended for the System. (v) for purposes of this Section, "preceding Fiscal Year" shall be the most recently completed Fiscal Year for which audited financial statements prepared by a certified public accountant are issued and available, but in no event a Fiscal Year which ended more than eighteen months prior to the date of issuance of the Additional Bonds. Section 22. Disposition of Proceeds; Arbitrage Not Permitted. The Issuer reasonably expects and covenants that no use will be made of the proceeds from the issuance and sale of the Notes issued hereunder which will cause any of the Notes to be classified as arbitrage bonds within the meaning of Section 148(a) and (b) of the Internal Revenue Code of the United States, and that throughout the term of said Notes it will comply with the requirements of said statute and regulations issued thereunder. To the best knowledge and belief of the Issuer, there are no facts or circumstances that would ma- terially change the foregoing statements or the conclusion that it is not expected that the proceeds of the Notes will be used in a manner that would cause the Notes to be arbi- trage bonds. Without limiting the generality of the foregoing, the Issuer hereby agrees to comply with the provisions of the Tax Exemption Certificate and the provisions of the Tax Exemption Certificate are hereby incorporated by reference as part of this Resolu- tion. The Treasurer is hereby directed to make and insert all calculations and determina- tions necessary to complete the Tax Exemption Certificate in all respects and to exe- cute and deliver the Tax Exemption Certificate at issuance of the Notes to certify as to the reasonable expectations and covenants of the Issuer at that date. The Issuer covenants that it will treat as Yield Restricted any proceeds of the Notes remaining unexpended after three years from the issuance and any other funds required by the Tax Exemption Certificate to be so treated. If any investments are held with re- spect to the Notes and Parity Obligations, the Issuer shall treat the same for the pur- pose of restricted yield as held in proportion to the original principal amounts of each issue. The Issuer covenants that it will exceed any investment yield restriction provided in this Resolution only in the event that it shall first obtain an opinion of recognized bond counsel that the proposed investment action will not cause the Notes to be classified as arbitrage bonds under Section 148(a) and (b) the Internal Revenue Code or regulations issued thereunder. The Issuer covenants that it will proceed with due diligence to spend the proceeds of 17 the Notes for the purpose set forth in this Resolution. The Issuer further covenants that it will make no change in the use of the proceeds available for the construction of facili- ties or change in the use of any portion of the facilities constructed therefrom by per- sons other than the Issuer or the general public unless it has obtained an opinion of bond counsel or a revenue ruling that the proposed project or use will not be of such character as to cause interest on any of the Notes not to be exempt from federal income taxes in the hands of holders other than substantial users of the project, under the pro- visions of Section 142(a) of the Internal Revenue Code of the United States, related statutes and regulations. Section 23. Additional Covenants, Representations and War- ranties of the Issuer. The Issuer certifies and covenants with the purchasers and hold- ers of the Notes from time to time outstanding that the Issuer through its officers, (a) will make such further specific covenants, representations and assurances as may be nec- essary or advisable; (b) comply with all representations, covenants and assurances contained in the Tax Exemption Certificate, which Tax Exemption Certificate shall con- stitute a part of the contract between the Issuer and the owners of the Notes; (c) consult with bond counsel (as defined in the Tax Exemption Certificate); (d) pay to the United States, as necessary, such sums of money representing required rebates of excess ar- bitrage profits relating to the Notes; (e) file such forms, statements and supporting doc- uments as may be required and in a timely manner; and (f) if deemed necessary or ad- visable by its officers, to employ and pay fiscal agents, financial advisors, attorneys and other persons to assist the Issuer in such compliance. Section 24. Amendment of Resolution to Maintain Tax Exemption. This Resolution may be amended without the consent of any owner of the Notes if, in the opinion of bond counsel, such amendment is necessary to maintain tax exemption with respect to the Notes under applicable Federal law or regulations. Section 25. Discharge and Satisfaction of Notes. The covenants, liens and pledges entered into, created or imposed pursuant to this Resolution may be fully discharged and satisfied with respect to the Notes and Parity Obligations, or any of them, in any one or more of the following ways: (a) By paying the Notes or Parity Obligations when the same shall become due and payable; and (b) By depositing in trust with the Treasurer, or with a corporate trustee designated by the Governing Body, for the payment of said obligations and irrevocably appropriated exclusively to that purpose an amount in cash or direct obligations of the United States the maturities and income of which shall be sufficient to retire at maturity, or by redemp- tion prior to maturity on a designated date upon which said obligations may be re- deemed, all of such obligations outstanding at the time, together with the interest there- on to maturity or to the designated redemption date, premiums thereon, if any that may be payable on the redemption of the same; provided that proper notice of redemption of all such obligations to be redeemed shall have been previously published or provisions shall have been made for such publication. Upon such payment or deposit of money or securities, or both, in the amount and manner provided by this Section, all liability of the Issuer with respect to the Notes or Obligations shall cease, determine and be complete- ly discharged, and the holders thereof shall be entitled only to payment out of the mon- ey or securities so deposited. Section 26. Resolution a Contract. The provisions of this Resolution shall constitute a 18 contract between the Issuer and the holder or holders of the Notes and Parity Obliga- tions, and after the issuance of any of the Notes no change, variation or alteration of any kind in the provisions of this Resolution shall be made in any manner, except as provided in the next succeeding Section, until such time as all of the Notes and Parity Obligations, and interest due thereon, shall have been satisfied and discharged as pro- vided in this Resolution. Section 27. Amendment of Resolution Without Consent. The Issuer may, without the consent of or notice to any of the holders of the Bonds and Parity Obligations, amend or supplement this Resolution for any one or more of the following purposes: (a) to cure any ambiguity, defect, omission or inconsistent provision in this Resolution or in the Notes or Parity Obligations; or to comply with any applicable provision of law or regulation of federal or state agencies; provided, however, that such action shall not materially adversely affect the interests of the holders of the Notes or Parity Obligations; (b) to change the terms or provisions of this Resolution to the extent necessary to prevent the interest on the Notes or Parity Obligations from being includable within the gross income of the holders thereof for federal income tax purposes; (c) to grant to or confer upon the holders of the Notes or Parity Obligations any addi- tional rights, remedies, powers or authority that may lawfully be granted to or conferred upon the holders of the Notes; (d) to add to the covenants and agreements of the Issuer contained in this Resolution other covenants and agreements of, or conditions or restrictions upon, the Issuer or to surrender or eliminate any right or power reserved to or conferred upon the Issuer in this Resolution; or (e) to subject to the lien and pledge of this Resolution additional pledged revenues as may be permitted by law. Section 28. Amendment of Resolution Requiring Consent. This Resolution may be amended from time to time if such amendment shall have been consented to by holders of not less than two-thirds in principal amount of the Notes and Parity Obligations at any time outstanding (not including in any case any Notes which may then be held or owned by or for the account of the Issuer, but including such Refunding Obligations as may have been issued for the purpose of refunding any of such Notes if such Refunding Ob- ligations shall not then be owned by the Issuer); but this Resolution may not be so amended in such manner as to: (a) Make any change in the maturity or interest rate of the Notes, or modify the terms of payment of principal of or interest on the Notes or any of them or impose any condi- tions with respect to such payment; (b) Materially affect the rights of the holders of less than all of the Notes and Parity Obligations then outstanding; and (c) Reduce the percentage of the principal amount of Notes, the consent of the hold- ers of which is required to effect a further amendment. Whenever the Issuer shall pro- pose to amend this Resolution under the provisions of this Section, it shall cause notice of the proposed amendment to be filed with the Original Purchaser and to be mailed by certified mail to each registered owner of any Note as shown by the records of the Reg- istrar. Such notice shall set forth the nature of the proposed amendment and shall state that a copy of the proposed amendatory Resolution is on file in the office of the City Clerk. 19 Whenever at any time within one year from the date of the mailing of said notice there shall be filed with the City Clerk an instrument or instruments executed by the holders of at least two-thirds in aggregate principal amount of the Notes then outstand- ing as in this Section defined, which instrument or instruments shall refer to the pro- posed amendatory Resolution described in said notice and shall specifically consent to and approve the adoption thereof, thereupon, but not otherwise, the Governing Body of the Issuer may adopt such amendatory Resolution and such Resolution shall become effective and binding upon the holders of all of the Notes and Parity Obligations. Any consent given by the holder of a Note pursuant to the provisions of this Section shall be irrevocable for a period of six months from the date of the instrument evidenc- ing such consent and shall be conclusive and binding upon all future holders of the same Note during such period. Such consent may be revoked at any time after six months from the date of such instrument by the holder who gave such consent or by a successor in title by filing notice of such revocation with the City Clerk. The fact and date of the execution of any instrument under the provisions of this Sec- tion may be proved by the certificate of any officer in any jurisdiction who by the laws thereof is authorized to take acknowledgments of deeds within such jurisdiction that the person signing such instrument acknowledged before him the execution thereof, or may be proved by an affidavit of a witness to such execution sworn to before such officer. The amount and numbers of the Notes held by any person executing such instrument and the date of his holding the same may be proved by an affidavit by such person or by a certificate executed by an officer of a bank or trust company showing that on the date therein mentioned such person had on deposit with such bank or trust company the Notes described in such certificate. Notwithstanding anything in this Section to the contrary, the holder or holders of 100% of the Notes and Parity Obligations may consent to any amendment of this Reso- lution, or waive any notices required hereunder, on such terms and under such condi- tions as said holders shall determine to be appropriate. Section 29. Severability. If any section, paragraph, or provision of this Resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforcea- bility of such section, paragraph or provision shall not affect any of the remaining provi- sions. Section 30. Repeal of Conflicting Ordinances or Resolutions and Effective Date. All other Ordinances, Resolutions and orders, or parts thereof, in conflict with the provi- sions of this Resolution are, to the extent of such conflict, hereby repealed; and this Resolution shall be in effect from and after its adoption. Section 31. Rule of Construction. This Resolution and the terms and conditions of the Notes authorized hereby shall be construed whenever possible so as not to conflict with the terms and conditions of the Loan and Disbursement Agreement. In the event such construction is not possible, or in the event of any conflict or inconsistency between the terms hereof and those of the Loan and Disbursement Agreement, the terms of the Loan and Disbursement Agreement shall prevail and be given effect to the extent nec- essary to resolve any such conflict or inconsistency. th Passed and approved this 20 day of May, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 20 Acceptance of Easement from Hwy 151 & 61 Development, LLC: City Manager rec- ommending acceptance of the Grant of Easement for public and private utilities, side- walk, underground electric, fiber optic cable, traffic signals and other appurtenances from HWY 151&61 Development, LLC along the northerly right-of-way line of East Six- teenth Street. Resolution No.150-13 accepting the Grant of an Easement for public and private utilities, sidewalk, underground electric, fiber optic cable, traffic signals and other appurtenances through, under and across parts of Lot 1 Riverview Plaza No. 2, and Lot 1 and Lot 2 Riverview Plaza No. 3 all in the City of Dubuque, Dubuque County, Iowa. Upon motion the documents were received, filed and resolution adopted. RESOLUTION NO. 150-13 ACCEPTING THE GRANT OF AN EASEMENT FOR PUBLIC AND PRIVATE UTILI- TIES, SIDEWALK, UNDERGROUND ELECTRIC, FIBER OPTIC CABLE, TRAFFIC SIGNALS AND OTHER APPURTENANCES THROUGH, UNDER AND ACROSS PARTS OF LOT 1 RIVERVIEW PLAZA NO. 2, AND LOT 1 AND LOT 2 RIVERVIEW PLAZA NO. 3 ALL IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, HWY 151& 61 Development, LLC has executed a Grant of Easement for public and private utilities, sidewalk, underground electric, fiber optic cable, traffic sig- nals and other appurtenances, through, under and across parts of Lot 1 Riverview Plaza No. 2, and Lot 1 and Lot 2 Riverview Plaza No. 3 all in the City of Dubuque, Dubuque County, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, ac- cepts and consents to the Grant of Easement for public and private utilities, sidewalk, underground electric, fiber optic cable, traffic signals and other appurtenances, through, under and across a fifteen (15) feet in width strip of property lying along the southeast- erly parts of Lot 1 Riverview Plaza No. 2, and Lot 1 and Lot 2 Riverview Plaza No. 3 all in the City of Dubuque, Dubuque County, Iowa, from HWY 151& 61 Development, LLC, a copy of which is attached hereto. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. th Passed, approved and adopted this 20 day of May, 2013. Roy D. Buol, Mayor Attest: Trish L. Gleason, Asst. City Clerk Weaver Castle Enterprise Zone Contract for 324-326 West Locust Street: City Man- ager recommending approval of a Housing Enterprise Zone Program Agreement by and among the Iowa Economic Development Authority, the City of Dubuque and Weaver Castle, LLC for redevelopment of 324-326 West Locust Street. Resolution No.151-13 Approving a Housing Enterprise Zone Program Agreement by and among the Iowa Economic Development Authority, the City of Dubuque and Weaver Castle, LLC. Upon motion the documents were received, filed and resolution adopted (Weaver Castle EZ). 21 RESOLUTION NO. 151-13 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 March 13, 2013 approved the applica- tion 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 March 29, 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 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 13-HEZ-082, 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. th Passed, approved and adopted this 20 day of May, 2013. Roy D. Buol, Mayor Attest: Trish L Gleason, Assistant City Clerk Weaver Castle Enterprise Zone Contract for 407-409 Loras Blvd.: City Manager rec- ommending approval of a Housing Enterprise Zone Program Agreement by and among the Iowa Economic Development Authority, the City of Dubuque and Weaver Castle, LLC for redevelopment of 407-409 Loras Boulevard. Resolution No. 152-13 approving a Housing Enterprise Zone Program Agreement by and among the Iowa Economic De- velopment Authority, the City of Dubuque and Weaver Castle, LLC. Upon motion the documents were received, filed and resolution adopted. RESOLUTION NO. 152-13 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 March 13, 2013 approved the applica- tion 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 March 29, 2013; and Whereas, the Iowa Economic Development Authority has prepared and submitted for 22 City Council approval an agreement relating to Housing Enterprise Zone benefits for 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 13-HEZ-083, 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. th Passed, approved and adopted this 20 day of May, 2013. Roy D. Buol, Mayor Attest: Trish L Gleason, Assistant City Clerk Sustainable Dubuque Monthly Project Status Report: City Manager transmitting the Sustainable Dubuque Monthly Project Status Report for April 2013. Upon motion the documents were received and filed. Request for Proposals - E.B. Lyons Interpretive Area: City Manager recommending approval to post a Request for Proposals for consulting services for development of the E. B. Lyons Interpretive Area at the Mines of Spain State Recreation Area. Upon motion the documents were received, filed and approved. Port of Dubuque Marina Seasonal Staffing: City Manager recommending approval of a staffing plan, job descriptions and salary grade for the Port of Dubuque Marina that include a Marina Manager, Cashier/Clerk and Dock Attendant. Upon motion the docu- ments were received, filed and approved. Request for Easement - 2561 Front Street: Correspondence from Chuck Sroka re- questing a 20 ft. utility easement for sewer and water at 2561 Front Street. Upon motion the documents were received, filed and referred to City Manager. Alcohol Compliance Civil Penalty for Alcohol License Holders - Applebee's Neighbor- hood Bar and Grill: City Manager recommending approval of the Acknowledg- ment/Settlement Agreement for an alcohol compliance violation for Applebee's Neigh- borhood Bar and Grill, 1395 Associates Drive. Upon motion the documents were re- ceived, filed and approved. Improvement Contracts / Performance, Payment and Maintenance Bonds: a) Max th Smith Construction for the 508 East 16 Street Utility Project, b) Top Grade Excavating, th Inc. for the 7 and White Streets Manhole Reconstruction Project. Upon motion the documents were received, filed and approved. 23 Liquor and Tobacco License Applications: City Manager recommending approval of annual liquor, beer, wine and tobacco licenses applications as submitted. Resolution No153-13 Approving applications for beer, liquor, and/or wine permits, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chap- ter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits. Resolution No.154-13 Approving applications for retail cigarette/tobacco sales permits, as required by Iowa Code 453A.47A. Upon motion the documents were received, filed and resolu- tions adopted. RESOLUTION NO. 153-13 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 Buffalo Wild Wings Grill & Bar 2805 Northwest Arterial Class C Liquor (Outdoor) (Sunday) Days Inn & Spirits Bar & Grill 1111 Dodge St. Class B Liquor (Outdoor) (Sunday) Easy Street 30 Main St. Class C Liquor (Outdoor) (Sunday) Hy-Vee Wine & Spirits "A" 3500 Dodge "A" Class E Liquor, Class B Wine, Class C Beer (Sunday) Kalmes Breaktime Bar and Grill 1097 Jackson St. Class C Liquor (Sunday) Pioneers Rest Stop 4900 Old Highway Rd. Class C Beer (Sunday) Shenanigans Pub, LLC 3203 Jackson St. Class C Liquor (Sunday) The Naughty Dog Coffee Bar 1108 Locust St. Special Class C Liquor ,Class B Na- and Deli Inc. tive Wine (Living Quarters) (Outdoor) New ATNT 2010 Kerper Blvd. Class E Liquor, Class B Wine, Class C Beer (Carryout Beer/Wine) (Sunday) Ichiban Hibachi Steakhouse & 3187 University Ave. Class C Liquor (Sunday) Sushi Bar Paradise Distilling Company 245 Railroad Ave. Class A Micro-distilled Spirits Port of Dubuque Marina 450 East 3 rd St. Class B Beer, Class B Native Wine (Outdoor) (Sunday) Special Events Clarke University (TOMRV) 1550 Clarke Dr. Adding Outdoor Service 6-8-13 24 Dubuque and All that Jazz Town Clock Plaza, Only in case of rain transferring to th (06/21/2013) 7 and Main St. Five Flags Center 405 Main St. Dubuque and All that Jazz Town Clock Plaza, Only in case of rain transferring to th (07/19/2013) 7 and Main St. Five Flags Center 405 Main St. Dubuque and All that Jazz Town Clock Plaza, Only in case of rain transferring to th (08/16/2013) 7 and Main St. Five Flags Center 405 Main St. Dubuque and All that Jazz Town Clock Plaza, Only in case of rain transferring to th (09/06/2013) 7 and Main St Five Flags Center 405 Main St. Rotary Club of Dubuque 135 W. 8 th St. Transferring to 301 East 5 th Street for th (Corp. & Comm. Games) June 20 Rotary Club of Dubuque 135 W. 8 th St. Transferring to Town Clock Plaza for th (Rock & Soul) June 29 th Passed, approved and adopted this 20 day of May, 2013. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk RESOLUTION NO. 154-13 APPROVING APPLICATIONS FOR RETAIL CIGARETTE/TOBACCO SALES PER- MITS, AS REQUIRED BY IOWA CODE 453A.47A. Whereas, applications for Cigarette/Tobacco Sales have been submitted and filed with the City Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and the applicants have filed the proper fees and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Clerk is hereby authorized and directed to cause to be issued the following named applicants and locations for cigarette/tobacco sales permit. Kim’s Closet 1897 Washington St. Dubuque, IA. 52001 rd Port of Dubuque Marina 450 East 3 St. Dubuque, IA. 52001 th Passed, approved and adopted this 20 day of May, 2013. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant 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 notices as prescribed by law. Seconded by Resnick. Motion carried 7-0. Vacate Storm Sewer Easement Timber Hyrst Estates No. 2: City Manager recom- mending that a public hearing be set for June 3, 2013, on the disposal of the City’s in- terest in a storm sewer easement Timber-Hyrst Estates #2 to Robert A. and Beth M. Hartig. Resolution No. 155-13 Resolution of Intent to vacate and dispose of City interest in storm sewer easements over and across Lot 1 and Lot 2 Timber-Hyrst Estates #2 in the City of Dubuque, Dubuque County, Iowa. Upon motion the documents were re- 25 ceived, filed, Resolution(s) adopted, public hearing set for 6/3/13. RESOLUTION NO. 155-13 INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN STORM SEWER EASEMENTS OVER AND ACROSS LOT 1 AND LOT 2 TIMBER- HYRST ESTATES #2 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA . Whereas, Robert A. and Beth M. Hartig are the current owners of Lot 1 and Lot 2 of Timber-Hyrst Estates #2 in the City of Dubuque, Dubuque County, Iowa; and Whereas, storm sewer easements are currently platted between said Lots 1 and 2 as shown on the Final Plat of Timber Hyrst Estates #2, recorded as file number 2008- 6368 in the office of the Dubuque County Recorder; and Whereas, development of said Lots has established an alternate location for storm sewer which will be reconstructed by the property owner; and Whereas, Robert A. and Beth M. Hartig, have petitioned to vacate the storm sewer easements across said Lot 1 and Lot 2. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, intends to vacate and dispose of its interest in storm sewer easements over Lot 1 and Lot 2 of Timber-Hyrst Estates #2 in the City of Dubuque, Dubuque County, Iowa, as shown on the attached Exhibit. Section 2. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to dispose of said interest to be published in the manner as prescribed by law. th Passed, approved and adopted this 20 day of May, 2013. Roy D. Buol, Mayor Attest: Trish L. Gleason, City Clerk Voluntary Annexation Request - 13034 Seippel Road / Hillcrest Family Services: City Manager recommending that a public hearing be set for June 17, 2013 on the voluntary annexation request by Hillcrest Family Services for their 10-acre property located at 13034 Seippel Road. Upon motion the documents were received, filed, Resolution(s) adopted, public hearing set for 6/17/13. Weaver Castle, LLC - 346-348 W. Locust Street: City Manager recommending that a public hearing be set for July 1, 2013, on the Development Agreement with Weaver Castle, LLC to redevelop the property located at 346-348 West Locust Street. Resolu- tion No. 156-13 (1) approving the minimum requirements, competitive criteria, and offer- ing procedures for the development and the sale of certain real property and improve- ments in The Greater Downtown Urban Renewal District; (2) determining that the Offer to Purchase submitted by Weaver Castle, LLC satisfies the offering requirements with respect to the real property and improvements and declaring the intent of the City Council to approve the sale to Weaver Castle, LLC in the event that no competing pro- posals are submitted; and (3) soliciting competing proposals. Upon motion the docu- ments were received, filed, Resolution(s) adopted, public hearing set for 7/1/13. 26 RESOLUTION NO. 156-13 RESOLUTION (1) APPROVING THE MINIMUM REQUIREMENTS, COMPETITIVE CRITERIA, AND OFFERING PROCEDURES FOR THE DEVELOPMENT AND THE SALE OF CERTAIN REAL PROPERTY AND IMPROVEMENTS IN THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT; (2) DETERMINING THAT THE OFFER TO PURCHASE SUBMITTED BY WEAVER CASTLE LLC SATISFIES THE OFFER- ING REQUIREMENTS WITH RESPECT TO THE REAL PROPERTY AND IMPROVE- MENTS AND DECLARING THE INTENT OF THE CITY COUNCIL TO APPROVE THE SALE TO WEAVER CASTLE LLC IN THE EVENT THAT NO COMPETING PRO- POSALS ARE SUBMITTED; AND (3) SOLICITING COMPETING PROPOSALS. Whereas, the City Council of Dubuque, Iowa, did on October 1, 2012 adopt an Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District (“the Plan”) for the Urban Renewal Area described therein; and Whereas, the Plan provides, among other things, for the disposition of properties for private development purposes as a proposed economic development action; and Whereas, Weaver Castle LLC (“Developer”) has submitted to the City a proposal for the purchase of certain real property hereinafter described (“Property”) for the rehabilita- tion of a building located at 346-348 West Locust as described therein (“the Develop- ment Agreement”), which Property is legally described as follows: LOT 5 OF LOTS 10 & 11 & SE 26.9' OF LOT 12 COOLEY'S SUB AND NW 23.3' OF LOT 12 & SE 8.3' OF LOT 13 COOLEYS SUB 348-348 ½ W LOCUST ST together with the request that this Property be made available for sale as rapidly as possible; and Whereas, in order to establish reasonably competitive bidding procedures for the dis- position of the Property in accordance with the statutory requirements of Iowa Code Chapter 403, specifically, Section 403.8, and to assure that the City extends a full and fair opportunity to all developers interested in submitting a proposal, a summary of submission requirements and minimum requirements and competitive criteria for the Property offering is included herein; and Whereas, said Developer has signed a Development Agreement with the City, at- tached hereto as Exhibit “A”; and Whereas, to recognize both the firm proposal for sale of the Property and improve- ments already received by the City, as described above, and to give full and fair oppor- tunity to other developers interested in submitting a proposal for the use of the Property, this Council should by this Resolution: 1) Set the fair market value of the Property for uses in accordance with the Plan; 2) Approve the minimum requirements and competitive criteria included herein; 3) Approve as to form the Development Agreement attached hereto as Exhibit “A”; 4) Set a date for receipt of competing proposals and the opening thereof; 5) Declare that the proposal submitted by Developer satisfies the minimum require- ments of the offering, and that in the event no other qualified proposal is timely submitted, that the City Council intends to approve such proposal and authorize the City Manager to sign the Development Agreement; and direct publication of notice of said intent; 6) Approve and direct publication of a notice to advise any other person of the op- portunity to compete for sale of the Property on the terms and conditions set forth 27 herein; and 7) Declare that in the event another qualified proposal is timely submitted and ac- cepted, another and future notice will be published on the intent of the City to en- ter into the resulting contract, as required by law; and Whereas, the City Council believes it is in the best interest of the City and the Plan to act as expeditiously as possible to sell the Property as set forth herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real property shown on Exhibit “B” attached hereto located at 346-348 W Locust shall be offered for sale in accordance with the terms and conditions contained in this Resolution. Section 2. That it is hereby determined that in order to qualify for consideration for se- lection, any person must submit a proposal which meets these minimum requirements: 1) Contains an agreement to purchase the Property, located generally at 346- 348 W Locust, at not less than fair market value established herein; 2) Establishing the number of residential units that will be created in this project; 3) Sets out or provides to the satisfaction of the City Council the experience of the principals and key staff who are directly engaged in the performance of contract obligations in carrying out projects of similar scale and character; and 4) Meets, at a minimum, the terms and conditions of the Development Agreement submitted by the Developer including an agreement to invest not less than $500,000 to complete a historic renovation of the building. Section 3. That the Development Agreement by and between the City and the Devel- oper be and is hereby approved as to form for the purposes hereinafter stated. Section 4. That for the purpose of defining the offering of the Property for sale, said Development Agreement shall be deemed to be illustrative of the terms acceptable to the City with respect to: 1) Timely completion of the rehabilitation project; 2) Construction of minimum improvements; 3) Developer and City obligations; and 4) General terms and conditions. Section 5. That the Development Agreement submitted by the Developer satisfies the requirements of this offering and, in the event that no other qualified proposals are time- ly submitted, that the City Council intends to accept and approve the Development Agreement. Section 6. That it is hereby determined that the Developer possesses the qualifica- tions, financial resources and legal ability necessary to purchase 346-348 W Locust and to rehabilitate, manage and operate the site in the manner proposed by this offering in accordance with the Plan. Section 7. That the City Clerk shall receive and retain for public examination the at- tached Development Agreement submitted by the Developer and, in the event no other qualified proposals are timely submitted, shall resubmit the Development Agreement to the City Council for final approval and execution upon expiration of the notice hereinaf- ter prescribed. Section 8. That the action of the City Council be considered to be and does hereby constitute notice to all concerned of the intention of this Council, in the event that no 28 other qualified proposals are timely submitted, to accept the proposal of the Developer to purchase 346-348 W Locust and to approve the Development Agreement by and be- tween City and Developer. Section 9. That the official notice of this offering and of the intent of the City, in the event no other qualified proposals are timely submitted, to approve the Development Agreement, shall be a true copy of this Resolution, but without the attachments referred to herein. Section 10. That the City Clerk is authorized and directed to secure immediate publi- cation of said official notice in the Telegraph Herald, a newspaper having a general cir- culation in the community, by publication of the text of this Resolution without attach- th ments on or before the 24 day of May, 2013. Section 11. That written proposals for the sale of 346-348 W Locust will be received by the City Clerk at or before 10:00 a.m., June 25, 2013 in the Office of the City Clerk, th located on the first floor at City Hall, 50 West 13 Street, Dubuque, Iowa 52001. Each proposal will be opened at the hour of 10:00 a.m. in City Hall, Dubuque, Iowa on June 25, 2013. Said proposals will then be presented to the City Council at 6:30 p.m., July 1, 2013, at a meeting to be held in the City Council Chambers, Historic Federal Building at th 350 West 6 Street, Dubuque, Iowa. Section 12. That such offering shall be in substantial conformance with the provisions of Iowa Code Section 403.8, requiring reasonable competitive bidding procedures as are hereby prescribed, which method is hereby determined to be the appropriate meth- od for rehabilitation of the 346-348 W Locust Street property. Section 13. That the required documents for the submission of a proposal shall be in substantial conformity with the provisions of this Resolution. Section 14. That the City Clerk is hereby nominated and appointed as the agent of the City of Dubuque, Iowa to receive proposals for the sale of the 346-348 W Locust on that date and according to the procedure hereinabove specified for receipt of such pro- posals and to proceed at such time to formally acknowledge receipt of each of such proposal by noting the receipt of same in the Minutes of the Council; that the City Man- ager is hereby authorized and directed to make preliminary analysis of each such pro- posal for compliance with the minimum requirements established by this Council here- inabove. For each proposal that satisfies these requirements, the City Council shall judge the strength of the proposal by the competitive criteria established hereinabove. The City Council shall then make the final evaluation and selection of the proposals. Section 15. Each proposal submitted which satisfies the foregoing minimum require- ments, as determined by the City Manager, shall be reviewed on the basis of the strength of such proposal following Competitive Criteria: Quality of the Proposed Development: (1) The total cost of the project. (2) The types of materials to be used in the construction of the project. (3) Timeline for completion of the rehabilitation project. Architectural Design of the Proposed Development: (1) The compatibility of the design with residential neighborhood. (2) The commitment to reuse of building materials. (3) The aesthetic quality of the development and its sensitivity to the neighborhood. (4) Level of commitment to historic renovation. 29 Economic Feasibility of the Proposed Development: (1) The economic return to the City provided by the proposed development, including but not limited to, the sale price, the property taxes generated and the encour- agement of related development in the area. (2) The ability of the prospective developer to finance and complete the project as proposed. (3) The financial impact of the proposed development upon the City's operating budget and capital improvement plan, particularly as it relates to the construction and maintenance of any required public improvements. Section 16. If, and only if, competing proposals are received and determined by the Council to meet the minimum requirements described herein, the Developer shall be allowed to amend its proposal in response thereto and to deliver same to the City Man- ager, by no later than a date determined by the City Council. In such event, the Council shall schedule a subsequent meeting to be held by the City Manager at which there shall be a bid-off conducted by the City Manager. During such bid-off, each competing bidder shall bid against the other, starting with the second proposal received and con- tinuing until such time as each bidder shall decline to improve its proposal to acquire and redevelop 346-348 W Locust in response to the last bid of the other bidder or bid- ders. The period of time to be allowed for such bid-off shall be determined by the City Manager. The rules of such bid-off shall be as determined by the City Manager at or be- fore such bid-off period and shall be absolute. Section 17. That in the event another qualified proposal is timely submitted and ac- cepted by the City, another and further notice shall be published of the intent of the City of Dubuque, Iowa, to enter into the resulting agreement, as required by law. th Passed, approved and adopted this 20 day of May, 2013. Roy D. Buol, Mayor Attest: Trish L Gleason, Assistant City Clerk BOARDS/COMMISSIONS Applicants were invited to address the Council regarding their application for ap- pointment. Electrical Code Board: One 3-Year term: through May 21, 2014 (Vacant term of Mueller). Applicant: David B. Wilson, 2918 Washington. David Wilson spoke in favor of his application. PUBLIC HEARINGS thth Rescinding 30-inch Force Main Project Phase I (9 - 11 Streets): City Manager rec- ommending rescinding Resolution No. 139-13, which will cancel the public bidding pro- thth cess for Phase I of the 30-Inch Force Main Relocation Project from 9 Street to 11 Street and re-initiate the project at a future City Council meeting once the plans and specifications have been updated to reflect the Statewide Urban Design and Specifica- tion (SUDAS). Resolution No. 157-13 Rescinding Resolution No. 139-13, approving pre- liminary plans, specifications, form of contract and estimated cost; setting date of public hearing on plans, specifications, form of contract and estimated cost; and ordering the 30 th advertisement of bids for phase I of the 30-Inch Force Main Relocation Project From 9 th Street to 11 Street. Motion by Braig to receive, file and adopt the resolution. Seconded by Connors. Motion carried 7-0 RESOLUTION NO.157 13 RESCINDING RESOLUTION NO. 139-13, APPROVING PRELIMINARY PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT OF BIDS FOR PHASE TH I OF THE 30 INCH FORCE MAIN RELOCATION PROJECT FROM 9 STREET TO TH 11 STREET. Whereas, the City Council of the city of Dubuque, Iowa at its meeting on May 6, 2013 approved by resolution the proposed plans, specifications, form of contract and estimat- thth ed cost for Phase I of the 30 inch Force Main Relocation Project from 9 Street to 11 Street; and Whereas, the project was planned to utilize the 1996 City of Dubuque Standard Specifications (current) along with the current standard form of contract and other ancil- lary standard forms and project specific documents. A thorough legal review of the cur- rent General Conditions and form of contract, as it related to the hazardous materials determined that many changes were needed to the 1996 City of Dubuque Standard Specification, General Conditions, to address the complexities of this project and that it would not be completed in time to be available to contractors for bidding. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA: Section 1. Resolution No. 139-13 approving the proposed plans, specifications, form of contract and estimated cost for Phase I of the 30 inch Force Main Relocation Project thth from 9 Street to 11 Street, in the estimated amount $1,185,437.50 is hereby rescind- ed. th Section 2. The public hearing set for the 20 day of May 2013, at 6:30 p.m. in the Historic Federal Building Council Chambers for interested persons to appear and be heard for or against the proposed plans and specifications, form of contract and esti- mated cost of said Project is hereby cancelled. th Passed, approved and adopted this 20 day of May, 2013. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk Upon motion the rules were suspended allowing anyone present to address the City Council. Request To Rezone - 8005 Seippel Court: Proof of publication on notice of public hearing to consider a request by Jon Kluck, 8005 Seippel Court, to rezone existing CS Commercial Service and Wholesale District with conditions to reduce the north side set- back from 50 feet to 20 feet and the Zoning Advisory Commission recommending ap- proval. 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 31 Jones. Motion carried 7-0 Motion by Connors for final consideration and passage of Ordinance No. 23-13 Amending the City of Dubuque Code of Ordinances, Title 16, Unified Development Code, by reclassifying hereinafter described property located at 8005 Seippel Court from Planned CS Commercial Service and Wholesale District with Conditions to CS Commercial Service and Wholesale District with Conditions. Associate Planner, Kyle Kritz provided a staff report. Seconded by Braig. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 23-13 AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES, TITLE 16, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROP- ERTY LOCATED AT 8005 SEIPPEL COURT FROM PLANNED CS COMMERCIAL SERVICE AND WHOLESALE DISTRICT WITH CONDITIONS TO CS COMMERCIAL SERVICE AND WHOLESALE DISTRICT WITH CONDITIONS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, the Unified De- velopment Code, is hereby amended by reclassifying the herein-described property from CS Commercial Service and Wholesale District With Conditions to CS Commercial Service and Wholesale District With Conditions, to wit: Lot 1 Seippel Road Commercial Park, Plat 2, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. That the foregoing amendment has heretofore been reviewed by the Zon- ing Advisory Commission of the City of Dubuque, Iowa. Section 3. The foregoing amendment shall take effect immediately upon publication, as provided by law. th Passed, approved and adopted this 20 day of May, 2013. /s/Roy D. Buol, Mayor Attest: /s/Trish L. Gleason, Assistant City Clerk th Published officially in the Telegraph Herald newspaper on the 24 day of May, 2013. /s/Kevin S. Firnstahl, City Clerk Unified Development Code Text Amendment - Free Standing Signs: Proof of publica- th tion on notice of public hearing to consider a request by Premier Bank, 140 W 9 Street, th to amend Article 15-11.10 to permit freestanding signs along W. 9 St. between Iowa and Main Streets in a C-4 Downtown Commercial Zoning District and the Zoning Advi- sory Commission recommending approval. Motion by Connors to receive, and file the documents and that the requirement that a proposed ordinance be considered and vot- ed 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 Connors for final consideration and passage of Ordinance No. 24-13 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by repealing Section 15-11.10 Schedule of Sign Regulations for the C-5 Central Business District and adopting a new Section 15-11.10 Schedule of Sign Regulations 32 for the C-5 Central Business District in lieu thereof, pertaining to the addition of free- th standing identification signs from Main Street to Iowa Street along the east side of 9 Street. Associate Planner, Kyle Kritz provided a staff report. Seconded by Braig. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 24-13 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF OR- DINANCES, UNIFIED DEVELOPMENT CODE, BY REPEALING SECTION 15-11.10 SCHEDULE OF SIGN REGULATIONS FOR THE C-5 CENTRAL BUSINESS DIS- TRICT AND ADOPTING A NEW SECTION 15-11.10 SCHEDULE OF SIGN REGULA- TIONS FOR THE C-5 CENTRAL BUSINESS DISTRICT IN LIEU THEREOF, PER- TAINING TO THE ADDITION OF FREESTANDING IDENTIFICATION SIGNS FROM TH MAIN STREET TO IOWA STREET ALONG THE EAST SIDE OF 9 STREET NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Develop- ment Code, is hereby amended by repealing Section 15-11.10 Schedule of Sign Regu- lations for the C-5 Central Business District and adopting a new Section 15-11.10 Schedule of Sign Regulations for the C-5 Central Business District in lieu thereof, per- taining to the addition of freestanding identification signs from Main Street to Iowa Street th along either side of 9 Street, as shown in Exhibit A. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Ad- visory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. th Passed, approved and adopted this 20 day of May, 2013. /s/Roy D. Buol, Mayor Attest: /s/Trish L. Gleason, Assistant City Clerk th Published officially in the Telegraph Herald newspaper on the 24 day of May, 2013. /s/Kevin S. Firnstahl, City Clerk Unified Development Code Text Amendment - Towers And Antennas: Proof of publi- cation on notice of public hearing to consider a request by City of Dubuque to amend Section 7-2 Towers and Antennas of the Unified Development Code to establish time- lines for review of applications and the Zoning Advisory Commission 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 Resnick. Motion carried 7-0 33 Motion by Jones for final consideration and passage of Ordinance No. 25-13 Amend- ing City of Dubuque Code of Ordinances, Title 16 Unified Development Code, Chapter 7 Supplemental Use Regulations, Section 7-2.3 Communication Tower Standards and Section 7-2.4 Antennas to add timelines for review of applications related to installation of communication towers and antennas. Associate Planner, Kyle Kritz provided a staff report. Seconded by Resnick. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 25-13 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES, TITLE 16 UNIFIED DE- VELOPMENT CODE, CHAPTER 7 SUPPLEMENTAL USE REGULATIONS, SECTION 7-2.3 COMMUNICATION TOWER STANDARDS AND SECTION 7-2.4 ANTENNAS TO ADD TIMELINES FOR REVIEW OF APPLICATIONS RELATED TO INSTALLA- TION OF COMMUNICATION TOWERS AND ANTENNAS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. City of Dubuque Code of Ordinances Section 16-7-2.3 is hereby amended to add the following provision: 16-7-2.3 Communication Tower Standards G. Processing of Major Site Plans generally takes 10-21 days depending on the quality of the submitted site plan. Applicants shall be notified within 30 days of filing a site plan if the application is incomplete. If the City of Dubuque has not approved, denied, or returned the application as incom- plete within 150 days, the application shall be deemed approved. Section 2. City of Dubuque Code of Ordinances Section 16-22.4(A) is hereby amended to add the following provision: 16-7-2.4(A) Antennas 4. Processing of a Simple Site Plan generally takes 1-5 days de- pending on the quality of the submitted site plan. Applicants shall be notified within 30 days of filing a site plan if the application is in- complete. If the City of Dubuque has not approved, denied, or re- turned the application as incomplete within 90 days, the application shall be deemed approved. 16-7-2.4(H) Antennas Modification of existing facilities, including co-location, removal and replacement of transmission equipment, that does not substantially change the physical dimensions of the existing facility, does not require submittal of a simple site plan. A building permit may be required. Section 3.This amendment has heretofore been reviewed by the Zoning Advisory Commission. Section 4. This Ordinance shall take effect immediately upon publication. th Passed, approved and adopted this 20 day of May, 2013. /s/Roy D. Buol, Mayor Attest: /s/Trish L. Gleason, Assistant City Clerk th Published officially in the Telegraph Herald newspaper on the 24 day of May, 2013. 34 /s/Kevin S. Firnstahl, City Clerk Unified Development Code Text Amendment - Street Names on Preliminary Plats Proof of publication on notice of public hearing to consider a request by the City of Dubuque to amend Section 11-7(D) Major Subdivisions and Section 11-15(H) Streets of the Unified Development Code to require that street names be included on preliminary plats and the Zoning Advisory Commission recommending approval. Motion by Lynch 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 Motion by Lynch for final consideration and passage Ordinance No.26-13 Amending City of Dubuque Code of Ordinances, Title 16 Unified Development Code, Chapter 11 Land Division, Section 11-7(D)(3) Major Subdivision and Section 11-15(H) Streets to require street names on preliminary plats. Associate Planner, Kyle Kritz provided a staff report. Seconded by Connors. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 26-13 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES, TITLE 16 UNIFIED DE- VELOPMENT CODE, CHAPTER 11 LAND DIVISION, SECTION 11-7(D)(3) MAJOR SUBDIVISION AND SECTION 11-15(H) STREETS TO REQUIRE STREET NAMES ON PRELIMINARY PLATS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque Code of Ordinances Section 16-11-7(D)(3) is hereby amended as follows: 16-11(D)(3): Major Subdivision Preliminary plats shall include the entire proposed subdivision when fully built, and shall also indicate the presence of all contiguous property under common ownership, in order to allow the City to plan for the future extension of streets and utilities. Proposed street names for public or private streets shall be labeled on the submitted preliminary plat. Section 2. That the City of Dubuque Code of Ordinances Section 16-11-15(H) is hereby amended as follows: 16-11-15(H): Streets Names of streets that are aligned with existing or platted streets, or essentially so, shall bear the names of the existing streets. Names for new streets shall not duplicate in spelling, nor sound phonetically similar to existing street names in the City or County of Dubuque. Proposed street names for public or private streets shall be labeled on the submitted preliminary plat. Section 3. This amendment has heretofore been reviewed by the Zoning Advisory Commission. Section 4. This Ordinance shall take effect upon publication. th Passed, approved and adopted this 20 day of May, 2013. /s/Roy D. Buol, Mayor Attest: /s/Trish L. Gleason, Assistant City Clerk 35 th Published officially in the Telegraph Herald newspaper on the 24 day of May, 2013. /s/Kevin S. Firnstahl, City Clerk Unified Development Code - Flood Hazard Overlay District: Proof of publication on notice of public hearing to consider a request by the City of Dubuque to amend Section 6-4 Flood Hazard Overlay District of the Unified Development Code and the Zoning Ad- visory Commission recommending approval. Motion by Connors to receive, and file the documents and that the requirement that a proposed ordinance be considered and vot- ed 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 Connors for final consideration and passage of Ordinance No. 27-13 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by repealing Section 6-4 Flood Hazard Overlay District and enacting a new Sec- tion 6-4 Flood Hazard Overlay District to comply with National Flood Insurance Program requirements. Associate Planner, Kyle Kritz provided a staff report. Seconded by Braig. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 27-13 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY REPEALING SECTION 6-4 FLOOD HAZARD OVERLAY DISTRICT AND ENACTING A NEW SECTION 6-4 FLOOD HAZARD OVERLAY DISTRICT TO COMPLY WITH NATIONAL FLOOD INSURANCE PRO- GRAM REQUIREMENTS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Devel- opment Code, be amended by repealing Section 6-4 and enacting a new Section 6-4 Flood Hazard Overlay Districts, as follows: 6-4 Flood Hazard Overlay Districts 6-4.1 Purpose The provisions of the Flood Hazard Overlay Districts are intended to promote the public health, safety, and general welfare and to minimize the extent of floods and the losses incurred in flood hazard areas. The regulations of this Section are designed to: A. Restrict or prohibit uses which are dangerous to health, safety, or property in times of flooding or cause undue increases in flood heights or velocities; B. Require that uses vulnerable to floods, including public facilities which serve such uses, be provided with flood protection at the time of initial construction; C. Protect individuals from buying lands which are unsuited for intended purposes because of flood hazard; and D. Assure that eligibility is maintained for property owners in the City to purchase flood insurance in the National Flood Insurance Program. 6-4.2 Lands to Which Regulations Apply This section shall apply to all lands within the jurisdiction of the City shown on the Of- ficial Zoning Map as being within the boundaries of the 100-year floodplain. 36 6-4.3 Establishment of Official Floodplain Zoning Map The official floodplain zoning map, together with all explanatory matter thereon and is hereby adopted by reference and declared to be a part of this Code. The Official Zoning Map bears the signature of the Mayor attested by the City Clerk and shall be on file in the office of the Planning Services Department. The Flood Insurance Rate Map (FIRM) for Dubuque County and incorporated areas, City of Dubuque, Panels 19061C0215E, 0217D, 0220E, 0236E, 0237E, 0238E, 0239E, 0241E, 0330E, 0332E, 0335E, 0351E, and Panels0242F0243F0244F 0352E, 0354E, 0358E, dated October 18, 2011, , , , 0356F0360F, dated August 19, 2013, , which were prepared as part of the Flood In- surance Study for Dubuque County, are hereby adopted by reference and declared to be the Official Floodplain Zoning Map. The flood profiles and all explanatory material contained with the Flood Insurance Study are also declared to be a part of this ordi- nance. 6-4.4 Rules for Interpretation of District Boundaries The boundaries of the zoning district shall be determined by scaling distances on the official floodplain zoning map. Where interpretation is needed as to the exact location of the boundaries of the district as shown on the Official Zoning Map, the City Planner shall make the necessary interpretation. The person contesting the location of the dis- trict boundary shall be given a reasonable opportunity to present their case and submit technical evidence. 6-4.5 Compliance No structure or land shall hereafter be used and no structure shall be located, ex- tended, converted or structurally altered to cause a substantial improvement without full compliance with the terms of this Code and other applicable regulations which apply to uses within the jurisdiction of this Code. Existing structures which suffer substantial damage shall also be required to meet full compliance with the terms of this Code should the damaged structure be repaired or rebuilt. 6-4.6 Abrogation and Greater Restrictions It is not intended by this Code to repeal, abrogate or impair any existing easements, covenants, or deed restrictions. However, where this Code imposes greater restrictions, the provisions of this Code shall prevail. All other ordinances inconsistent with this Code are hereby repealed to the extent of the inconsistency only. 6-4.7 Interpretation In their interpretation and application, the provisions of this Code shall be held to be minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by state statutes. 6-4.8 Warning and Liability Disclaimer The degree of flood protection required by this Code is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larg- er floods may occur on rare occasions. Flood heights may be increased by manmade or natural causes, such as ice jams and bridge openings restricted by debris. This Code does not imply that areas outside the flood plain districts or land uses permitted within such districts will be free from flooding or flood damages. This Code shall not create lia- bility on the part of the City or any officer or employee thereof for any flood damages that result from reliance on this Code or any administrative decision lawfully made 37 thereunder. 6-4.9 Establishment of Floodplain Overlay Districts The floodplain areas within the jurisdiction of this Code are hereby divided into the following districts: A. Floodway Overlay District (FW). Floodway Fringe Overlay District (FF) and Gen- eral Flood Plain Overlay District (FP). The boundaries are shown on the official flood- plain zoning map. Within these districts all uses not allowed as permitted uses are pro- hibited. B. Floodway Overlay District (FW). The Floodway Overlay District shall be consistent with the boundaries of the floodway as shown on the official floodplain zoning map Overlay and indicated on the FIRM maps as Zone AE (hatched). C. Floodway Fringe Overlay District (FF). The Floodway Fringe Overlay District shall be those areas shown as floodway fringe on the official floodplain zoning map and indi- cated on the FIRM maps as Zone AE. D. General Floodplain Overlay District (FP). The General Floodplain Overlay District shall be those areas shown as being within the approximate 100-year flood boundary on the official floodplain zoning map and indicated on the FIRM maps as Zone A. 6-4.10 FW Floodway Overlay District A. Permitted uses. The following uses shall be permitted within the FW District to the extent they are not prohibited by any other ordinance (or underlying zoning district) and provided they do not include placement of structures, factory-built homes, fill or other obstruction, the storage of materials or equipment, excavation, or alteration of a water- course. 1. Agricultural uses such as general farming, pasture, grazing, outdoor plant nurse- ries, horticulture, viticulture, truck farming, forestry, sod farming, and wild crop harvest- ing. 2. Accessory uses of land for industrial/commercial uses such as loading areas, park- ing areas, airport landing strips. 3. Private and public recreational uses such as golf courses, tennis courts, ball fields, driving ranges, archery ranges, picnic grounds, transient camping and recreational ve- hicle facilities, boat launching ramps, swimming areas, parks, wildlife and nature pre- serves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, hiking and horseback riding trails. 4. Residential uses of land such as lawns, gardens, parking areas and play areas. 5. Such other open space uses similar in nature to the above uses. 6. Conditional uses. The following uses which involve structures (temporary or per- manent), fill, and storage of materials or equipment may be permitted only upon issu- ance of a conditional use permit by the Zoning Board of Adjustment as provided for in Article 8. Such uses must also meet the applicable provisions of the Floodway District performance standards. 7. Uses or structures accessory to open-space uses. 8. Circuses, carnivals, and similar transient amusement enterprises. 9. Drive-in theaters, new and used car lots, roadside stands, signs, and billboards. 10. Extraction of sands, gravel, and other materials. 11. Marinas, boat rentals, docks, piers, wharves. 12. Utility transmission lines, underground pipelines. 38 13. Other uses similar in nature to the above described uses and which are con- sistent with the general spirit and purposes of this Code. B. Performance standards. All permitted or conditional uses must be consistent with the need to minimize flood damage and shall meet the following applicable performance standards: 1. No use shall be permitted in the Floodway Overlay District that would result in any increase in the one hundred-year flood level. Consideration of the effects of any devel- opment on flood levels shall be based upon the assumption that an equal degree of de- velopment would be allowed for similarly situated lands. 2. All uses within the Floodway Overlay District shall: i. Be consistent with the need to minimize flood damage. ii. Use construction methods and practices that will minimize flood damage. iii. Use construction materials and utility equipment that are resistant to flood dam- age. 3. No use shall affect the capacity or conveyance of the channel or floodway or any tributary to the main stream, drainage ditch, or any other drainage facility or system. 4. Structures and sanitary and utility systems, if permitted, shall meet the applicable performance standards of the Floodway Fringe Overlay District and shall be constructed or aligned to present the minimum possible resistance to flood flows. 5. Structures, if permitted, shall have a low flood damage potential and shall not be for human habitation. 6. Storage of materials or equipment that are buoyant, flammable, explosive or injuri- ous to human, animal or plant life is prohibited. Storage of other material may be al- lowed if readily removable from the Floodway District within the time available after flood warning. 7. Watercourse alterations or relocations (channel changes and modifications) must be designed to maintain the flood carrying capacity within the altered or relocated por- tion. In addition, such alterations or relocations must be approved by the IDNR. 8. Any fill allowed in the floodway must be shown to have some beneficial purpose and shall be limited to the minimum amount necessary. 9. Pipeline river or stream crossings shall be buried in the streambed and banks or otherwise sufficiently protected to prevent rupture due to channel degradation and me- andering or due to the action of flood flows. 6-4.11 FF Floodway Fringe Overlay District A. Permitted uses. All uses within the Floodway Fringe Overlay District shall be per- mitted to the extent that they are not prohibited by any other ordinance (or underlying zoning district) and provided they meet applicable performance standards of the Flood- way Fringe Overlay District. However, on the Mississippi River or on islands therein, no use will be allowed unless identified as not being a floodway area by the IDNR. In which case, if a floodway area is identified, the provisions of the FW Floodway Overlay District will apply. B. Performance standards. All uses must be consistent with the need to minimize flood damage and shall meet the following applicable performance standards: 1. All structures shall be: i. Adequately anchored to prevent flotation, collapse or lateral movement of the struc- ture; 39 ii. Constructed with materials and utility equipment resistant to flood damage; and iii. Constructed by methods and practices that minimize flood damage. 2. All new and substantially improved structures: i. Such areas shall be used solely for parking vehicles, building access and low dam- age potential storage. ii Fully enclosed areas below the “lowest floor” (not including basements) that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. iii A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. iv The bottom of all openings shall be no higher than one foot above grade. v Openings may be equipped with screens, louvers, valves, or other coverings or de- vices provided they permit the automatic entry and exit of floodwaters. Designs for meeting this requirement must be certified by a professional engineer registered in the State of Iowa. vi. New and substantially improved structures must be adequately anchored to pre- vent flotation, collapse, or lateral movement of the structure resulting from hydrodynam- ic and hydrostatic loads, including the effects of buoyancy. Designs for meeting this re- quirement must be certified by a professional engineer registered in the State of Iowa. vii. New and substantially improved structures must be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and located so as to prevent water from entering or accumulating within the components during conditions of flooding. Designs for meeting this require- ment must be certified by a professional engineer registered in the State of Iowa. 3. Residential buildings. All new or substantially improved residential structures shall have the lowest floor, including basements, elevated a minimum of one foot above the 100-year flood level. Construction shall be upon compacted fill which shall, at all points, be no lower than one foot above the 100-year flood level and extend at such elevation at least 18 feet beyond the limits of any structure erected thereon. Alternate methods of elevating (such as piers) may be allowed, subject to favorable consideration by the Zon- ing Board of Adjustment and issuance of a variance, where existing topography, street grades, or other factors preclude elevating by fill. In such cases, the methods used must be adequate to support the structure as well as withstanding the various forces and hazards associated with flooding. All new residential buildings shall be provided with a means of access which will be passable by wheeled vehicles during the 100-year flood. 4. Nonresidential buildings. All new and substantially improved nonresidential build- ings shall have the lowest floor (including basement) elevated a minimum of one foot above the 100-year flood level, or together with attendant utility and sanitary systems, be floodproofed to such a level. When floodproofing is utilized, a professional engineer registered in the State of Iowa shall certify that the floodproofing methods used are ad- equate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the 100-year flood; and that the structures, below the 100- year flood level, are watertight with walls substantially impermeable to the passage of water. A record of the certification indicating the specific elevation (in relation to North American Vertical Datum, 1988) to which any structures are floodproofed shall be main- tained by the City Planner. 40 5. Factory-built homes: i. Factory-built homes including those placed in existing factory-built home parks or subdivisions shall be anchored to resist flotation, collapse, or lateral movement. ii. Factory-built homes including those placed in existing factory-built home parks or subdivisions shall be elevated on a permanent foundation such that the lowest floor of the structure is a minimum of one foot above the 100-year flood level. 6. Utility and sanitary systems: i. All new and replacement sanitary sewage systems shall be designed to minimize and eliminate infiltration of flood waters into the system as well as the discharge of ef- fluent into flood water. Wastewater treatment facilities shall be provided with a level of flood protection equal to or greater than one foot above the 100-year flood elevation. ii. On-site waste disposal systems shall be located or designed to avoid impairment to the system or contamination from the system during flooding. iii. New or replacement water supply systems shall be designed to minimize or elimi- nate infiltration of flood waters into the system. Water supply treatment facilities shall be provided with a level of protection equal to or greater than one foot above the 100-year flood elevation. iv. Utilities such as gas or electrical systems shall be located and constructed to min- imize or eliminate flood damage to the system and the risk associated with such flood damaged or impaired systems. v. All such systems shall be certified as meeting these requirements by a profession- al engineer registered in the State of Iowa. 7. Storage of materials and equipment that are flammable, explosive or injurious to human, animal or plant life is prohibited unless elevated a minimum of one foot above the 100-year flood level. Other material and equipment must either be similarly elevated or (i) not be subject to major flood damage and be anchored to prevent movement due to flood waters, or (ii) be readily removable from the area within the time available after flood warning. 8. Flood control structural works such as levees and flood walls shall provide, at a minimum, protection from a 100-year flood with a minimum of three feet of design free- board and shall provide for adequate interior drainage. In addition, structural flood con- trol works shall be approved by the IDNR. 9. No use shall affect the capacity or conveyance of the channel or floodway of any tributary to the main stream, drainage ditch, or other drainage facility or system. 10. Subdivisions (including factory-built home parks and subdivisions) shall be con- sistent with the need to minimize flood damages and shall have adequate drainage pro- vided to reduce exposure to flood damage. Development associated with subdivision proposals shall meet the applicable performance standards. Subdivision proposals in- tended for residential development shall provide all lots with a means of vehicular ac- cess that will remain dry during occurrence of the 100-year flood. Proposals for subdivi- sions greater than five (5) acres or fifty (50) lots (whichever is less) shall include 100- year flood elevation data for those areas located within the Floodplain (Overlay) District. 11. The exemption of detached garages, sheds, and similar structures less than 300 square feet in area from the 100-year flood elevation requirements may result in in- creased premium rates for insurance coverage of the structure and contents; however, said detached garages, sheds, and similar accessory type structures are exempt from 41 the 100-year flood elevation requirements, provided: i. The structures shall not be used for human habitation. ii. The structure shall be designed to have low flood damage potential. iii. The structure shall be constructed and placed on the building site so as to offer minimum resistance to the flow of floodwaters. iv. Structures shall be firmly anchored to prevent flotation which may result in dam- age to other structures. v. The structure's service facility such as electrical and heating equipment shall be elevated or floodproofed to at least one foot above the 100-year flood level. vi. All such structures shall be certified as meeting these requirements by a profes- sional engineer registered in the State of Iowa. 12. Recreational Vehicles i. Recreational vehicles are exempt from the requirements of Section 6-4.11(B)(5) of this Ordinance regarding anchoring and elevation of factory-built homes when the fol- lowing criteria are satisfied. a. The recreational vehicle shall be located on the site for less than 180 consecutive days, and b. The recreational vehicle must be fully licensed and ready for highway use. A rec- reational vehicle is ready for highway use if it is on its wheels or jacking system and is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions. ii. Recreational vehicles that are located on the site for more than 180 consecutive days or are not ready for highway use must satisfy requirements of Section 6-4.11(B)(5) of this Ordinance regarding anchoring and elevation of factory-built homes. 13. Pipeline river and stream crossings shall be buried in the streambed and banks, or otherwise sufficiently protected to prevent rupture due to channel degradation and meandering. 6-4.12 FP General Floodplain Overlay District A. Permitted uses. The following uses shall be permitted within the FP General Floodplain Overlay District to the extent they are not prohibited by any other ordinance (or underlying zoning district) and provided they do not include placement of structures, factory-built homes, fill or other obstruction, the storage of materials or equipment, ex- cavation, or alteration of a watercourse. 1. Agricultural uses such as general farming, pasture, grazing, outdoor plant nurse- ries, horticulture, viticulture, truck farming, forestry, sod farming, and wild crop harvest- ing. 2. Accessory uses of land for industrial/commercial uses such as loading areas, park- ing areas, airport landing strips. 3. Private and public recreation uses such as golf courses, tennis courts, ball fields, driving ranges, archery ranges, picnic grounds, transient camping and recreational ve- hicle facilities, boat launching ramps, swimming areas, parks, wildlife and nature pre- serves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, hiking and horseback riding trails. 4. Residential uses of land such as lawns, gardens, parking areas and play areas. 5. Such other open space uses similar in nature to the above uses. B. Conditional uses. Any uses which involve placement of structures, factory-built 42 homes, fill or other obstructions, the storage of materials or equipment, excavation or alteration of a watercourse may be allowed only upon issuance of a conditional use permit by the Zoning Board of Adjustment. All such uses shall be reviewed by the IDNR to determine: (i) whether the land involved is either wholly or partly within the floodway or floodway fringe, and (ii) the 100-year flood level. The applicant shall be responsible for providing the IDNR with sufficient technical information to make the determination. C. Performance standards. 1. All conditional uses, or portions thereof, to be located in the floodway as deter- mined by the IDNR shall meet the applicable provisions and standards of the Floodway Overlay District. 2. All conditional uses, or portions thereof, to be located in the floodway fringe as de- termined by the IDNR shall meet the applicable standards of the Floodway Fringe Over- lay District. 6-4.13 Floodplain Overlay District Administration A. Appointment, duties and responsibilities of City Planner. 1. A City Planner designated by the City Manager shall administer and enforce this Code and will herein be referred to as the Administrator. 2. Duties and responsibilities of the Administrator shall include, but not necessarily be limited to, the following: i. Review all floodplain development permit applications to ensure that the provisions of this Code will be satisfied. ii. Review all floodplain development permit applications to ensure that all necessary permits have been obtained from federal, state or local governmental agencies. iii. Record and maintain a record of: (a) the elevation (in relation to North American Vertical Datum, 1988) of the lowest floor of all new or substantially improved structures, or (b) the elevation to which new or substantially improved structures have been flood- proofed. iv. Notify adjacent communities and/or counties and the IDNR prior to any proposed alteration or relocation of a watercourse and submit evidence of such notifications to the Federal Insurance Administrator. v. Keep a record of all permits, conditional uses, appeals, variances and such other transactions and correspondence pertaining to the administration of this Code. vi. Submit to the Federal Insurance Administrator an annual report concerning the City's participation in the National Flood Insurance Program, utilizing the annual report form supplied by the Federal Insurance Administrator. vii. Notify the Federal Insurance Administration of any annexations or modifications to the City's boundaries as part of the annual report. viii. Review subdivision proposals to ensure such proposals are consistent with the purpose of this Code and advise the City Council of potential conflicts. B. Floodplain development permit. 1. Permit required. A floodplain development permit issued by the Administrator shall be secured prior to initiation of any floodplain development (any manmade change to improved or unimproved real estate, including but not limited to buildings or other struc- tures, mining, filling, grading, paving, excavation or drilling operations) including the placement of factory-built homes in both the Floodway, Floodway Fringe and General Floodplain Overlay Districts. 43 2. Application for permit. Application for a floodplain development permit shall be made on forms supplied by the Administrator and shall include the following information. i. Description of and plans for the work to be covered by the permit for which applica- tion is to be made. ii. Description of the land on which the proposed work is to be done (i.e., lot, block, tract, street address or similar description) that will readily identify and locate the work to be done. iii. Identification of the use or occupancy for which the proposed work is intended. iv. Elevation of the 100-year flood. v. Elevation (in relation to North American Vertical Datum, 1988) of the lowest floor (including basement) of the structure or of the level to which a structure is to be flood- proofed. vi. For structures being improved or rebuilt, the estimated cost of improvements and market value of the structure prior to the improvements. vii. All certifications by a professional engineer registered in the State of Iowa as re- quired by this Code. viii. Such other information as the Administrator deems reasonably necessary for the purpose of this Code. 3. Action for permit application. The Administrator shall make a determination as to whether the proposed floodplain development meets the applicable provisions and standards of this Code and shall approve or disapprove the application. For disapprov- als, the applicant shall be informed, in writing, of the specific reasons therefore. The Administrator shall not issue permits for conditional uses or variances except as di- rected by the Zoning Board of Adjustment. 4. As-built certification. The applicant shall be required, prior to the use or occupancy of any structure or development, to submit certification by a professional engineer regis- tered in the State of Iowa that the work authorized by the floodplain development permit was accomplished in compliance with this Code. Any use, arrangement, or construction in conflict with that authorized shall be deemed a violation of this Code. 6-4.14 Zoning Board of Adjustment Action Authorized. A. The Zoning Board of Adjustment shall hear and decide applications for conditional uses, appeals and variances. B. Conditional uses. Requests for conditional uses shall be submitted to the Adminis- trator, who shall forward such to the Board for consideration. Such requests shall in- clude information ordinarily submitted with applications as well as any additional infor- mation deemed necessary by the Board. C. Appeals. Where it is alleged there is any error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this Code, the aggrieved party may appeal such action. The notice of appeal shall be filed with the Board and with the official from whom the appeal is taken and shall set forth the specific reason for the appeal. The official from whom the appeal is taken shall transmit to the Board all the papers constituting the record upon which the action appealed from was taken. D. Variances. The Board may authorize, upon request in specific cases, such vari- ances from the terms of this Code that will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of this Code will result 44 in unnecessary hardship. Variances granted must meet the following applicable stand- ards: 1. No variances shall be granted for any development within the Floodway Overlay District which would result in any increase in the 100-year level. Consideration of the effects of any development on flood levels shall be based upon the assumption that an equal degree of development would be allowed for similarly situated lands. 2. Variances shall only be granted upon: (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of the variance will not result in increased flood heights, additional threats to public safety, or extraordinary public ex- pense, create nuisances, or cause fraud on or victimization of the public. 3. A variance shall only be granted upon a determination that the variance is the min- imum necessary considering the flood hazard, to afford relief. 4. In cases where the variance involves a lower level of flood protection for structures than what is ordinarily required by this Code, the applicant shall be notified in writing over the signature of the Administrator that: (i) the issuance of a variance will result in increased premium rates for flood insurance, and (ii) such construction increases risks to life and property. 5. All variances granted shall have the concurrence or approval of the IDNR. E. Board decisions. In passing upon requests for conditional uses and variances, the Board shall consider all relevant factors specified in other sections of this Code and: 1. The danger to life and property due to increased flood heights or velocities caused by encroachments. 2. The danger that materials may be swept on to other lands or downstream to the in- jury of others. 3. The proposed water supply and sanitation systems and the ability of these sys- tems to prevent disease, contamination and unsanitary conditions. 4. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. 5. The importance of the services provided by the proposed facility to the community. 6. The requirements of the facility for a floodplain location. 7. The availability of alternative locations not subject to flooding for the proposed use. 8. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. 9. The relationship of the proposed use to the Comprehensive Plan and floodplain management program for the area. 10. The safety of access to the property in times of flood for ordinary and emergency vehicles. 11. The expected heights, velocity, duration, rate of rise and sediment transport of the flood water expected at the site. 12. Such other factors which are relevant to the purpose of this Code. F. Conditions attached to conditional uses or variances. Upon consideration of the factors listed above, the Board may attach such conditions to the granting of conditional uses and variances as it deems necessary to further the purpose of this Code. Such conditions may include, but not necessarily be limited to: 1. Modification of waste disposal and water supply facilities; 45 2. Limitation on periods of use and operation; 3. Imposition of operational controls, sureties and deed restrictions; 4. Requirements for construction of channel modification, dikes, levees, and other protective measures, provided such are approved by the IDNR and are deemed the on- ly practical alternative to achieving the purposes of this Code; and 5. Flood proofing measures which shall be designed consistent with the flood protec- tion elevation for the particular area, flood velocities, durations, rate of rise, hydrostatic and hydrodynamic forces, and other factors associated with the regulatory flood and that the applicant submit a plan or document certified by a professional engineer regis- tered in the State of Iowa that the flood proofing measures are consistent with the regu- latory flood protection elevation and associated flood factors for the particular area. 6-4.15 Definitions Unless specifically defined below or in Article 2, words or phrases used in this Ordi- nance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application. Base Flood: The flood having one (1) percent chance of being equaled or exceeded in any given year (See 100-year flood). Basement: Any enclosed area of a structure which has its floor or lowest level below ground level (subgrade) on all sides. Also see “lowest floor.” Development: Any man-made change to improved or unimproved real estate, includ- ing but not limited to buildings or other structures, the storage of equipment or materials, mining, dredging, filling, grading, paving, excavation or drilling operations. Existing Construction: Any structure for which the “start of construction” commenced before the effective date of the first floodplain management regulations adopted by the community on April 16, 1990. May also be referred to as “existing structure.” Existing Factory-Built Home Park or Subdivision: A factory-built home park or subdi- vision for which the construction of facilities for servicing the lots on which the factory- built homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the first floodplain management regulations adopted by the community on April 16, 1990. Expansion of Existing Factory-Built Home Park or Subdivision: The preparation of additional sites by the construction of facilities for servicing the lots on which the factory- built homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). Factory-Built Home: Any structure, designed for residential use, which is wholly or in substantial part, made, fabricated, formed or assembled in manufacturing facilities for installation or assembly and installation on a building site. For the purpose of this ordi- nance, factory-built homes include mobile homes, manufactured homes and modular homes and also include park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days. Factory-Built Home Park: A parcel or contiguous parcels of land divided into two or more factory-built home lots for rent or sale. Flood: A general or temporary condition of partial or complete inundation of normally dry land areas resulting from the overflow of streams or rivers or from the unusual and rapid runoff of surface waters from any source. 46 Flood Elevation: The elevation floodwaters would reach at a particular site during the occurrence of a specific flood. For instance, the 100-year flood elevation is the elevation of flood waters related to the occurrence of the 100-year flood. Flood Insurance Rate Map: The official map prepared as part of (but published sepa- rately from) the Flood Insurance Study which delineates both the flood hazard areas and the risk premium zones applicable to the community. Flood Insurance Study: A study initiated, funded and published by the Federal Insur- ance Administration for the purpose of evaluating in detail the existence and severity of flood hazards; providing the City with the necessary information for adopting a flood plain management program and establishing actuarial flood insurance rates. Flood Plain: Any land area susceptible to being inundated by water as a result of a flood. Flood Plain Management: An overall program of corrective and preventive measures for reducing flood damages and promoting the wise use of flood plains, including but not limited to emergency preparedness plans, flood control works, flood-proofing and flood plain management regulations. Flood proofing: Any combination of structure and non-structural additions, changes, or adjustments to structures, including utility and sanitary facilities, which will reduce or eliminate flood damage to such structures. Floodway: The channel of a river or stream, and those portions of the flood plains adjoining the channel, which are reasonably required to carry and discharge flood wa- ters or flood flows so that confinement of flood flows to the floodway area will not result in substantially higher flood levels or flow velocities. Floodway Fringe: Those portions of the flood plain, other than the floodway, which can be filled, leveed, or otherwise obstructed without causing substantially higher flood levels or flow velocities. Historic Structure: Any structure that is: 1. Listed individually in the National Register of Historic Places, maintained by the Department of Interior, or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing of the National Register; 2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a dis- trict preliminarily determined by the Secretary to qualify as a registered historic district; 3. Individually listed on a state inventory of historic places in states with his- toric preservation programs which have been approved by the Secretary of the Interior; or 4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified by either: (i) an ap- proved state program as determined by the Secretary of the Interior, or (ii) direct- ly by the Secretary of the Interior in states without approved programs. Lowest Floor: The floor of the lowest enclosed area in a structure, including a base- ment, except when all the following criteria are met: 1. The enclosed area is designated to satisfy the provisions of Section 6- 4.11(4); and 47 2. The enclosed area is unfinished (not carpeted, drywalled, etc.) and used solely for low damage potential uses such as building access, parking or storage; and 3. Machinery and service facilities (e.g., hot water heater, furnace, electrical service) contained in the enclosed area are located at least one (1) food above the 100-year flood level; and 4. The enclosed area is not a “basement” as defined in this section. 5. In cases where the lowest enclosed area satisfies criteria 1, 2, 3, and 4 above, the lowest flood is the floor of the next highest enclosed area that does not satisfy the criteria above. Minor Projects: Small development activities (except for filling, grading and excavat- ing) valued at less than $500. New Construction: Those structures or development for which the start of construc- tion commenced on or after the effective date of the Flood Insurance Rate Map (Sep- tember 6, 1989). New Factory-Built Home Park or Subdivision: A factory-built home park or subdivi- sion for which the construction of facilities for servicing the lots on which the factory-built homes are to be affixed (including at a minimum, the installation of utilities, the con- struction of streets, and either final site grading or the pouring of concrete pads) is com- pleted on or after the effective date of the first floodplain management regulations adopted by the community on April 16, 1990. One Hundred (100) Year Flood: A flood, the magnitude of which has a one (1) per- cent chance of being equaled or exceeded in any given year or which, on the average, will be equaled or exceeded at least once every one hundred (100) years. Recreational Vehicle: A vehicle which is: 1. Built on a single chassis; 2. Four hundred (400) square feet or less when measured at the largest hor- izontal projection; 3. Designed to be self-propelled or permanently towable by a light duty truck; and 4. Designed primarily not for use as a permanent dwelling but as a tempo- rary living quarters for recreational, camping, travel, or seasonal use. Routine Maintenance of Existing Buildings and Facilities: Repairs necessary to keep a structure in a safe and habitable condition, provided they are not associated with a general improvement of the structure or repair of a damaged structure. Such repairs in- clude: 1. Normal maintenance of structures such as re-roofing, replacing roofing tiles and replacing siding; 2. Exterior and interior painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work; 3. Basement sealing; 4. Repairing or replacing damaged or broken window panes; 5. Repairing plumbing systems, electrical systems, heating or air condition- ing systems and repairing wells or septic systems. Special Flood Hazard Area: The land within a community subject to the 100-year flood. This land is identified as Zone A on the community’s Flood Insurance Rate Map. 48 Start of Construction: Includes substantial improvement, and means the date the de- velopment permit was issued, provided the actual start of construction, repair, recon- struction, rehabilitation, addition, placement, or other improvement, was within 180 days of the permit date. The actual start means either the first placement or permanent con- struction of a structure on a site, such as pouring of a slab or footings, the installation of pile, the construction of columns, or any work beyond the stage of excavation; or the placement of a factory-built home on a foundation. Permanent construction does not in- clude land preparation, such as cleaning, grading or filling, nor does it include the instal- lation of streets and/or walkways; nor does it include excavation for a basement, foot- ings, piers, or foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings such as garages or sheds not occu- pied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of the building, whether or not that alteration affects the external dimension of the building. Structure: Anything constructed or erected on the ground or attached to the ground, including, but not limited to, buildings, factories, sheds, cabins, factory-built homes, storage tanks, and other similar uses. Substantial Damage: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Substantial Improvement: Any improvement to a structure which satisfies either of the following criteria: 1. Any repair, reconstruction, rehabilitation, addition or improvement of a structure, the cost of which would equal or exceed 50 percent of the market value of the structure either (i) before the improvement or repair is started, or (ii) if the structure has been damaged, and was being restored, before the damaged oc- curred. For the purposes of this definition, “substantial improvement” is consid- ered to occur when the first alteration affects the external dimensions of the structure. This term does not, however, include any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe conditions for the exist- ing use. 2. Any addition which increases the original floor area of a building by 25 percent or more. All additions constructed after September 6, 1989 shall be add- ed to any proposed addition in determining whether the total increase in original flood space would exceed 25 percent. Variance: A grant of relief by a community from the terms of the floodplain manage- ment regulations as defined in Article 2. Violation: The failure of a structure or other development to be fully compliant with the community’s floodplain management regulations. Section 2. The foregoing amendment shall take effect upon publication, as provided by law. th Passed, approved and adopted this 20 day of May, 2013. /s/Roy D. Buol, Mayor Attest: /s/Trish L. Gleason, Assistant City Clerk 49 th Published officially in the Telegraph Herald newspaper on the 24 day of May, 2013. /s/Kevin S. Firnstahl, City Clerk Highway 61/151 South - Technology Park Annexation: Proof of publication on notice of public hearing to consider an application for voluntary annexation of territory on Highway 61/151 south of the Technology Park on the south side of the City of Dubuque and the City Manager recommending approval. Motion by Braig to receive, file, and adopt Resolution No. 158-13 Approving application for voluntary annexation of territory to the City of Dubuque, Iowa. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 158-13 APPROVING APPLICATION FOR VOLUNTARY ANNEXATION OF TERRITORY TO THE CITY OF DUBUQUE, IOWA Whereas, the City of Dubuque has submitted a written application for the voluntary annexation of approximately 167 acres of U.S. Highway 61/151 rights of way South of the Dubuque Technology Park to the City of Dubuque, Iowa; and Whereas, the annexation territory is not subject to an existing annexation moratorium agreement; and Whereas, the annexation territory does not include any railroad property; and Whereas, Iowa Code section 368.7 authorizes the extension of City limits in situa- tions of this character by adoption of a resolution after notification and public hearing; and Whereas, this annexation is consistent with the Comprehensive Plan of the City of Dubuque; and Whereas, the City of Dubuque has the capacity to provide substantial municipal ser- vices to the annexation territory; and Whereas, the annexation is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the application of the City of Dubuque for voluntary annexation of ap- proximately 167 acres of U.S. Highway 61/151 rights of way South of the Dubuque Technology Park, said territory lying outside of the corporate limits of the City of Dubu- que, Iowa, as shown on and Exhibit A and legally described as follows, is hereby ap- proved for annexation to the City of Dubuque, Iowa: All of Iowa Department of Transportation rights of way acquired for U.S. Highway 151 and U.S. Highway 61 in Sections 13, 14 and 23, Township 88 North, Range 2 East of th the 5 Principal Meridian in Dubuque County, Iowa, more particularly described as fol- lows: Commencing as a point of reference at the south line of the existing City limits of the City of Dubuque as it crosses the right of way of U.S. Highways 151 and 61 on the north th line of the Northwest Quarter of Section 13, Township 88 North, Range 2 East of the 5 Principal Meridian in Dubuque County, Iowa, said point being the point of beginning of the proposed annexation area; th Thence southwesterly through Sections 13 and 14, T88N, R2E, 5 P.M. to a point of th intersection with the northerly line of Section 23, T88N, R2E, 5 P.M.; 50 Thence continuing south and southwesterly to points of intersection with the south and west lines of said Section 23, said south line being the south terminus of the an- nexation area, and said west line being the west terminus of the annexation area. Section 2. That, subject to the approval of the Secretary of State, the corporate limits of the City of Dubuque, Iowa, be and they hereby are extended to include the approxi- mately 167 acres of annexation territory as shown on Exhibit A. Section 3. That the City Council of Dubuque, Iowa, does hereby certify that the City of Dubuque has complied with the notice and hearing requirements of the Iowa Code pertaining to voluntary annexation of territory outside an urbanized area of another city. Section 4. That if Secretary of State approves this annexation, the territory hereby annexed shall become a part of Precinct One of Ward One of the City of Dubuque, Io- wa. Section 5. That the City Clerk shall file this resolution, all exhibits and the applications for voluntary annexation with the State of Iowa in accordance with the provisions of Chapter 368 of the Iowa Code. th Passed, approved and adopted this 20 day of May, 2013. Roy D. Buol, Mayo Attest: Trish L. Gleason, Assistant City Clerk th Midwest Energy Solutions / MF Enterprises, LLC - Grant of Easement on East 16 Street: Proof of publication on notice of public hearing to consider granting an easement for MF Enterprises, LLC for a compressed natural gas conduit and piping system be- tween the BP Station and the proposed convenience store on the south side on East th 16 Street right-of-way and the City Manager recommending approval. Motion by Con- nors to receive, file, and adopt Resolution No. 159-13 Disposing of City Interest by Grant of Easement for private utility to MF Enterprises LLC for an underlying portion of th East 16 Street and Resolution No. 160-13 Granting Easement for private utility to FM th Enterprises LLC for an underlying portion of East 16 Street. Seconded by Braig. Mo- tion carried 7-0. RESOLUTION NO. 159-13 DISPOSING OF CITY INTEREST BY GRANT OF EASEMENT FOR PRIVATE UTILI- TY TO MF ENTERPRISES L.L.C. FOR AN UNDERLYING PORTION OF EAST SIX- TEENTH STREET Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the th City of Dubuque, Iowa on this 10 day of May, 2013, the City Council of the City of th Dubuque, Iowa met on the 20 day of May, 2013, at 6:30 p.m. in the Historic Federal th Building, 350 W. 6 Street, Dubuque, Iowa, to consider the proposal for the granting of easement described as: Underlying portion of East Sixteenth Street, running between Lot 2 of Wendy’s Place and Lot 1 of Bee Branch Subdivision No. 2 for proposed Compressed Natural Gas Lines in the City of Dubuque, Dubuque County, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objec- tions, oral or written to the proposed granting of easement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 51 DUBUQUE, IOWA: Section 1. That the Grant of Easement for private utility by the City of Dubuque for underlying portion of East Sixteenth Street, running between Lot 2 of Wendy’s Place and Lot 1 of Bee Branch Subdivision No. 2 for proposed Compressed Natural Gas Lines in the City of Dubuque, Iowa, be and the same is hereby approved for the sum of $500.00, plus mapping costs. Section 2. The City of Dubuque reserves unto itself a perpetual easement of this same described area for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating and maintaining all public utilities. Section 3. That the Mayor be authorized and directed to execute the Grant of Ease- ment for private utility and the City Clerk be and is hereby authorized and directed to deliver said Grant of Easement to MF Enterprises L.L.C. upon receipt of the $500.00 payment. Section 4. That the City Clerk be and is hereby authorized and directed to record a certified copy of this Grant of Easement for private utility in the offices of the City Asses- sor, Dubuque County Recorder and Dubuque County Auditor. th Passed, approved and adopted this 20 day of May, 2013. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk RESOLUTION NO.160-13 GRANTING EASEMENT FOR PRIVATE UTILITY TO MF ENTERPRISES L.L.C. FOR AN UNDERLYING PORTION OF EAST SIXTEENTH STREET Whereas, MF Enterprises L.L.C. has requested a “Grant of Easement” for Private Utility for an underlying portion of East Sixteenth Street for the supply lines for a pro- posed Compressed Natural Gas system; and Whereas, Buesing and Associates has prepared and submitted to the City Council an exhibit showing the underlying portion of East Sixteenth Street, running between Lot 2 of Wendy’s Place and Lot 1 of Bee Branch Subdivision No. 2 in the City of Dubuque, Iowa for a proposed Compressed Natural Gas system; and Whereas, the City Council of the City of Dubuque, Iowa, has determined that the por- tion of underlying East Sixteenth Street can be utilized for this Compressed Natural Gas system crossing of East Sixteenth Street, as shown on the Exhibit A, in the City of Dubuque, Dubuque County, Iowa, should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the “Grant of Easement” for Private Utility for Compressed Natural Gas system to MF Enterprises, L.L.C. be and the same is hereby approved. th Passed, approved and adopted this 20 day of May, 2013. Roy D. Buol, Mayor Attest: Trish L Gleason, Assistant City Clerk Upon motion the rules were reinstated limiting discussion to the City Council 52 ACTION ITEMS Grand River Center Management - Management Contract Renewal: City Manager recommending approval of the Grand River Center Management Agreement with Plati- num Hospitality Group, LLC that will extend the relationship with Platinum Hospitality Group, LLC for an additional three-year term from April 26, 2013 through April 25, 2016 and two additional three-year options upon mutual agreement. Motion by Lynch to re- ceive, file and adopt Resolution No. 161-13 approval of a Facility Management Agree- ment between the City of Dubuque, Iowa, and Platinum Hospitality Group, LLC. Se- conded by Resnick. Motion carried 7-0. RESOLUTION NO. 161-13 APPROVAL OF A FACILITY MANAGEMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND PLATINUM HOSPITALITY GROUP, LLC Whereas, Platinum Hospitality Group, LLC (Manager) and the City of Dubuque, Iowa th (City) entered into a Facility Management Agreement (the Agreement) dated the 4 day of June, 2001 for the purpose of Manager performing the management services for the Grand River Center (Facility) described in that Agreement; and Whereas, Section 13 of the Agreement states “The term of this Agreement shall be for a ten year period commencing six (6) months prior to the date of the opening of the Facility (the “Commencement Date”)”; and Whereas, the Facility opened October 25, 2003, therefore making the “Commence- ment Date” April 25, 2003; and Whereas, the parties amended Paragraph 13 of this Agreement by Resolution No. 117-13 to extend the term of the Agreement by one (1) month, and the term of the Agreement will end on May 25, 2013; and Whereas, the management obligations, duties and responsibilities at the Facility have evolved over the ten (10) years the Facility has been open; and Whereas, City and Manager now desire to enter into a new Facility Management Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Agreement attached hereto is hereby approved on behalf of the City of Dubuque. Section 2. That the Mayor is hereby authorized to execute the Agreement on be- half of the City of Dubuque. th Passed, approved and adopted this 20 day of May, 2013. Roy D. Buol, Mayor Trish L. Gleason, Assistant City Clerk Attest: Dubuque Regional Humane Society: Correspondence from Jane McCall, President and CEO of the Dubuque Regional Humane Society, advising the City that the DRHS is declining the offer of city funds for a pet park at their new facility. Motion by Connors to 53 receive and file correspondence. Jones spoke regarding the advocacy group FIDO’s, (Friendly Intelligent Dog Owners) wishes to be included in further conversations regard- ing this issue. Seconded by Resnick. Motion carried 7-0. Warehouse Trust, LLC Brownfield Redevelopment Tax Credit Application: City Man- ager recommending approval of a Brownfield Redevelopment Tax Credit Application to the Iowa Economic Development authority on behalf of Warehouse Trust, LLC for reha- bilitation of the Novelty Iron Works Building at 1079 Elm Street. Motion by Connors to receive, file and adopt Resolution No. 162-13 approving a Brownfield Redevelopment Tax Credit application to the Iowa Economic Development authority on behalf of Ware- house Trust, LLC. David Heiar, Economic Development Director, was present to answer Council questions. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 162-13 APPROVING A BROWNFIELD REDEVELOPMENT TAX CREDIT APPLICATION TO THE IOWA ECONOMIC DEVELOPMENT AUTHORITY, ON BEHALF OF WARE- HOUSE TRUST LLC. Whereas, the State of Iowa has established a Brownfield Tax Credit Program to as- sist in the redevelopment of Iowa brownfields; and Whereas, the former Novelty Iron Works building is considered a brownfield site; and Whereas, the Novelty Iron Works Building project will provide much needed residen- tial development to the Historic Millwork District area; and Whereas, the City Council finds that the proposed application 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. The City of Dubuque agrees to sponsor the Brownfield Redevelopment Tax Credit Application on behalf of Warehouse Trust LLC. Section 2. That the Mayor is hereby authorized and directed to execute this Resolu- tion on behalf of the City of Dubuque and forward the executed copy to the Iowa Eco- nomic Development Authority. th Passed, approved and adopted this 20 day of May, 2013. Roy D. Buol, Mayor Attest: Trish L Gleason, Assistant City Clerk th Pilot Intersection Painting Project at 18 and Washington Streets: City Manager rec- th ommending approval for a pilot street mural painting project at the intersection of 18 Street and Washington Street. Motion by Braig to receive, file and approve recommen- dation. Megan Starr spoke regarding the annual maintenance of this project. A citizen spoke in favor of the project but not the location. Seconded by Connors. Motion carried 7-0. Sustainable Dubuque Community Grants: City Manager recommending funding of 12 applications to the new Sustainable Dubuque Community Grant Program. Motion by Braig to receive, file and approve recommendation. Seconded by Connors. Motion car- ried 7-0. 54 Port Of Dubuque Marina Fees, Budget And Logo: City Manager recommending ap- proval of the 2013 marina fees, Fiscal Year 2013 and Fiscal Year 2014 marina revenue and expenditure budget. Motion by Connors to receive, file and approve recommenda- tion. Accepting debit cards and access to public restrooms were discussed by Council. Seconded by Braig. Motion carried 7-0. City Council Salary Compensation: City Council Compensation Task Force submit- ting its recommendation for incoming Council Member salaries effective January 1, 2014. Motion by Connors to receive, file, and approve recommendation. Seconded by Braig. Motion carried 7-0. COUNCIL MEMBER REPORTS Council person Connors attended the Main Street Awards event in Des Moines, Io- wa. Council person Jones attended the Kiwanis Club meeting with the Sister City Advi- sory Committee and Dornbirn Austria’s City Manager. PUBLIC INPUT th Phil French of 385 East 13 St., spoke regarding current crime in downtown Dubu- que and what is being done about it. th Peter Swanson formerly of 8 Lindberg Terrace; discussed his 4 Amendment rights. Mr. Swanson was gaveled out by the Mayor and was escorted from the building. There being no further business, upon motion the City Council adjourned at 7:42 p.m. /s/Trish L. Gleason, CMC Assistant City Clerk 55