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2 17 14 City Council Proceedings Official_Regular and SpecialCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:00 p.m. on February 17, 2014 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sut- ton; City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting a work session on Hydraulic Fracturing and Alternative Fuels. WORK SESSION Environmental Stewardship Advisory Commission Report on Hydraulic Fracturing and Alternative Fuels Public Works Director Don Vogt provided background and information on the pro- posed purchase of compressed natural gas (CNG) refuse vehicles in the recommended FY 2015 budget and the decision to purchase only diesel vehicles since research, tech- nology, fuel credits and prices have changed. The department will continue to explore and compare hybrid vehicles. Public Health Specialist Mary Rose Corrigan provided a presentation of the hydraulic fracturing process from the U.S. Environmental Protection Agency's web site. Environ- mental Stewardship Advisory Commission Chairperson Mike Buelow reviewed the Commission's report. Mr. Vogt, Mr. Buelow; Commissioner Chad Oberdoerster; professor and geologist for the University of Dubuque Dale Easley responded to questions regarding the drilling process and materials used, contamination, regulations, vehicle safety, and the history of "fracking" throughout the country. Paul Schultz, 1008 Victoria PI. addressed the Council regarding emissions, flow back water storage, and pollution -related issues. City Manager Van Milligen added information on the City's position for future methane gas recovery. The City Council concluded that without more research and an established position from the U.S. Environmental Protection Agency the City would not pursue the use of CNG at this time. There being no further business, upon motion the City Council adjourned at 6:09 p.m. /s/Kevin S. Firnstahl, CMC City Clerk 1 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on February 17, 2014 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sut- ton; City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE PROCLAMATION(S) 1. Problem Gambling Awareness Month (March 2014): Postponed to March 3, 2014. PRESENTATION(S) 1. Environmental Protection Agency (EPA) Smart Growth Award: Assistant City Man- ager Teri Goodmann presented the EPA Smart Growth Achievement Award - Corridor or Neighborhood Revitalization category for the Historic Millwork District and Washing- ton Neighborhood to the City Council. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Resnick. Dwight Duckstein requested that #15. Zon- ing Advisory Commission - North Grandview Avenue Parking be held for separate dis- cussion. Motion carried 7-0 1. Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 12/17/13; City Council proceedings of 2/3, 2/10; Civic Center Advisory Commission of 1/27; Historic Preservation Commission of 1/16; Historic Preservation Education Task Force of 2/6; Investment Oversight Advisory Commission of 1/22; Library Board of Trus- tees of 12/19/13; Long Range Planning Advisory Commission of 1/15; Zoning Advisory Commission of 2/5; Proof of Publication for City Council proceedings of 1/21; Proof of Publication for List of Claims/Summary of Revenues for month ended 12/31/13. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Scott Duehr for vehicle damage, Zachary Gries for property damage, Jerry Grutz for property damage, Kischel Harris for personal injury and property damage (2), Jeffrey Herbst for vehicle damage, Mary Heister/State Farm Mutual for vehicle damage, Mark Matel for vehicle damage, Jason McCann for vehicle damage, James Pancratz for vehicle damage, Michael Pancratz for vehicle damage, Ann Powell for vehicle damage, James Thill for vehicle damage; Jeff Tracy for vehicle damage. Upon motion the documents were received, filed and referred to the City At- torney. 3. Disposition of Claims: City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As- surance Pool: Scott Duehr for vehicle damage, Jerry Grutz for property damage, Kischel Harris for personal injury and property damage (2), Mary Heister for vehicle damage, Jeffrey Herbst for vehicle damage, Interstate Power & Light for property damage, Rob- ert Lange for vehicle damage, Ryan Leick for vehicle damage, Mark Matel for vehicle damage, Jason McCann for vehicle damage, James Pancratz for vehicle damage. Upon motion the documents were received, filed and concurred. 4. Environmental Protection Agency (EPA) - Notice of Stipulation of Settlement: City Attorney advising that the Environmental Protection Agency (EPA) is rescinding its de- mand for a stipulated penalty for the April 19, 2013 sanitary sewer overflow. Upon mo- tion the documents were received and filed. 5. Environmental Protection Agency (EPA) Education Grant: City Manager recom- mending approval of a Letter of Commitment and partnership with the University of Iowa in the EPA Environmental Education Grant Application for air quality. Upon motion the documents were received, filed and approved. 6. Sustainable Dubuque Monthly Project Status Report: City Manager transmitting the Sustainable Dubuque Monthly Project Status Report for January 2014. Upon motion the documents were received and filed. 7. 2014 Federal Legislative Priorities: City Manager recommending adoption of the 2014 Federal Legislative Priorities. Upon motion the documents were received, filed and approved. 8. Certified Local Government (CLG) Annual Report: City Manager transmitting the 2013 Certified Local Government (CLG) Annual Report. Upon motion the documents were received and filed. 9. Iowa Utilities Board - Distributed Generation Letter of Support: City of Dubuque let- ter to the Iowa Utilities Board in support of distributed generation policies and standards. Upon motion the documents were received, filed and approved. 10. CIPP Lining Project Acceptance: City Manager recommending acceptance of the construction contract for the FY 2013 and FY 2014 Sanitary Sewer Cured -in -Place Pipe (CIPP) Lining Project, as completed by Visu Sewer Clean and Seal. Upon motion the documents were received and filed and Resolution No. 34-14 Accepting the Sanitary Sewer Cured -in -Place Pipe Lining Project and authorizing the payment to the contractor was adopted. 3 RESOLUTION NO. 34-14 ACCEPTING THE SANITARY SEWER CURED -IN-PLACE PIPE LINING PROJECT AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the Sanitary Sewer Cured -in -Place Pipe Lining Project (the Project) has been completed has been completed by the Con- tractor, Visu Sewer Clean and Seal (Contractor), the City Engineer has examined the work and recommends that the Project be accepted; and Whereas, the final contract amount for the Project is $411,181.90; and Whereas, the Contractor has previously been paid $390,622.81, leaving a balance of $20,559.09; and Whereas, the City Council finds that the recommendation of the City Engineer should be accepted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor the bal- ance of the retainage of $20,559.09 as provided in Iowa Code chapter 573, and to pay such retainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code chapter 26.13. Passed, approved and adopted this 17th day of February, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE SANITARY SEWER CURED -IN-PLACE PIPE (CIPP) LINING PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Sanitary Sewer Cured -in -Place Pipe (CIPP) Lining Project, that the Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $472,859.19. Dated this 13th day of February, 2014. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 13th day of February, 2014. /s/Kevin S. Firnstahl, City Clerk 11. Grand River Center Floor Settlement Remediation Project Acceptance: City Man- ager recommending acceptance of the construction contract for the Grand River Con- vention Center — Floor Settlement Remediation Project as completed by Hayward Baker. Upon motion the documents were received and filed and Resolution No. 35-14 Accepting the Grand River Convention Center Floor Settlement Remediation Project and authorizing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 35-14 ACCEPTING THE GRAND RIVER CONVENTION CENTER - FLOOR SETTLEMENT REMEDIATION PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Grand River Convention Center - Floor Settlement Remediation Project (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Grand River Center Floor Leveling capital improvement appropriation for the contract amount of $454,902.97 Tess any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such retainage only in accordance with the provi- sions of Iowa Code chapter 573. Passed, approved and adopted this 17th day of February, 2014. Roy D. Buoi, Mayor Attest: Kevin S. Firnstahl, City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE GRAND RIVER CONVENTION CENTER - FLOOR SETTLEMENT REMEDIATION PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Grand River Convention Center - Floor Settlement Remediation Pro- ject, and that said Project has been performed in compliance with the terms of the Pub- lic Improvement Contract, and that the total cost of the completed work is $591,233.97. Dated this 11th day of February, 2014. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 11th day of February, 2014. /s/Kevin S. Firnstahl, City Clerk 12. Caffish Station Electrical Repairs FEMA - Project Acceptance: City Manager rec- ommending acceptance of the construction contract for the Caffish Station Electrical Repairs FEMA project as completed by A&G Electric. Upon motion the documents were received and filed and Resolution No. 36-14 Accepting the Catfish Station Electrical Repairs FEMA and authorizing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 36-14 ACCEPTING THE CATFISH STATION ELECTRICAL REPAIRS FEMA AND AU- THORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Water & Resource Recovery Cen- ter (W&RRC) Caffish Station Electrical Repairs FEMA has been completed and the W&RRC Manager has examined the work and A&G Electric of Dubuque has completed the work according to the terms of the Public Improvement Contract and that the W&RRC Manager recommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the W&RRC Manager is approved and the Project 5 is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the FEMA 2012 Lift Station Maintenance CIP 6102073 for the contract amount of $71,950. Passed, approved and adopted this 17th day of February, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 13. Urban Revitalization Program 2013 Applications: City Manager recommending approval of 13 applications for residential property tax exemption. Upon motion the doc- uments were received and filed and Resolution No. 37-14 Approving property tax abatement applications submitted by property owners in recognized Urban Revitaliza- tion areas and authorizing the transmittal of the approved applications to the City As- sessor was adopted. RESOLUTION NO. 37-14 APPROVING PROPERTY TAX ABATEMENT APPLICATIONS SUBMITTED BY PROPERTY OWNERS IN RECOGNIZED URBAN REVITALIZATION AREAS AND AUTHORIZING THE TRANSMITTAL OF THE APPROVED APPLICATIONS TO THE CITY TAX ASSESSOR Whereas, Chapter 404 of the Code of Iowa, the Urban Revitalization Act, permits cit- ies to abate property taxes for improvements made to properties in designated revitali- zation areas; and Whereas, the Urban Revitalization Act requires property owners to submit a written application for abatement by February 1 of the assessment year for which the abate- ment is first claimed, and further requires the City Council to approve all applications that meet the requirements of the adopted Urban Revitalization Plan and forward the approved applications to the City Assessor for review by March 1 of each year; and Whereas, pursuant to the requirements of said Urban Revitalization Act, the following Urban Revitalization Areas were established: Washington Neighborhood, West 1 Street, Upper Main, Cathedral, and Jackson Park; and Whereas, the City of Dubuque, as of February 1, 2014, received tax abatement ap- plications from the following property owners in the aforementioned urban revitalization districts; Cathedral Urban Revitalization Area 330 Jones Street — Maria Woodside Jackson Park Urban Revitalization Area 1783 Heeb Street — High Performance Properties Upper Main Urban Revitalization Area 1392 Main Street — JK Investments Washington Neighborhood Urban Revitalization Area 394 E 16th Street — Terri Mae Lenhardt 1633 Elm Street — Theresa Caldwell 2135 Jackson — Karen Brokus 1777 Washington Street — Alberto Luna 1787 Washington Street — Danika Carstens 1496 White Street — High Performance Properties 1591 White Street — William and Julie Reichle West 11th Street Urban Revitalization Area 472 Loras — MK Properties 1185 Center Place — Bruce Bettcher 1222- 1240 Locust — TJ IV LLC Whereas, the City of Dubuque, as of February 1, 2014, received tax abatement ap- plication from the following property owners for improvements completed to a commer- cial property, resulting in eligibility for a three year tax exemption in the aforementioned urban revitalization districts, therefore; Washington Neighborhood Urban Revitalization Area 1689 Elm St — loannis Karavergos (three year eligibility) 1732/1734/1736 Central — CA Rich Properties LLC (three year eligibility) Whereas, the Housing and Community Development Department and Building Ser- vices Department have reviewed the above-described applications and inspected the properties, and have determined that the applications and the improvements conform to all requirements of the City of Dubuque's Urban Revitalization Plans. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the above-described tax abatement applications meet the require- ments of the City of Dubuque's Urban Revitalization Plans. Section 2. That the above-described tax abatement applications are hereby approved by the City Council, subject to the review and approval of the City Assessor. Section 3. That the City Clerk is hereby authorized and directed to forward the above- described tax abatement applications to the City Assessor. Passed, approved and adopted this 17th day of February 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 14. Financial Advisor Contract Amendment: City Manager recommending approval of a contract amendment with the City's Financial Advisor, Piper Jaffray. Upon motion the documents were received, filed and approved. 15. Zoning Advisory Commission - North Grandview Avenue Parking: Zoning Adviso- ry Commission requesting consideration of removing the on -street parking spaces along the east side of North Grandview Avenue between 3rd Street and the intersection at Grandview Avenue, Delhi and Grace Streets. Director of Facilities for Finely Hospital Dwight Duckstein spoke in support of the request. Motion by Jones to receive and file and refer to the City Manager. Seconded by Connors. Motion carried 7-0. 16. Paragon Square, LLC - Rescinding Development Agreement: City Manager rec- ommending rescinding Resolution No. 281-11, which approved the Development Agreement with Paragon Square, LLC for property located at 2887 and 2901 Central Avenue. Upon motion the documents were received and filed and Resolution No. 38-14 7 Rescinding Resolution No. 281-11, which approved the Development Agreement with paragon Square, LLC for the property located at 2887 and 2901 Central Avenue was adopted. RESOLUTION NO. 38-14 RESCINDING RESOLUTION NO. 281-11, WHICH APPROVED THE DEVELOPMENT AGREEMENT WITH PARAGON SQUARE, LLC FOR THE PROPERTY LOCATED AT 2887 AND 2901 CENTRAL AVENUE Whereas, the City Council of the City of Dubuque, Iowa, has created a Downtown In- centives Program for the purpose of stimulating reinvestment in the Holy Ghost Urban Renewal District; and Whereas, the City of Dubuque, Iowa is encouraging the use of financial incentives to help finance code compliance activities and to spur redevelopment; and Whereas, the City Council by Resolution No. 281-11 approved a Development Agreement on August 15, 2011 with Paragon Square, LLC for the rehabilitation of the Holy Ghost properties, located at 2887 and 2901 Central Avenue; and Whereas, the Development Agreement was never executed by Paragon Square, LLC, and the City Council finds that the resolution approving the Development Agree- ment should be rescinded. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Resolution No. 281-11 approving the Development Agreement with Para- gon Square, LLC is hereby rescinded. Passed, approved and adopted this 17th day of February, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 17. Iowa Department of Transportation PCC Patching: Correspondence from the Io- wa Department of Transportation notifying the City of Dubuque that it proposes to let three PCC patching projects on April 15, 2014 on areas of US Hwy 20, Iowa 32 and US Hwy 61. Upon motion the document was received and filed. 18. Stipulation of Settlements - US Bank Property Tax Appeals: City Attorney rec- ommending approval of Stipulation of Settlements regarding two tax assessment ap- peals filed by US Bank NA. Upon motion the documents were received, filed and ap- proved. 19. Worker Adjustment and Retraining Notification (WARN) - Jeld-Wen, Inc.: Corre- spondence from Jeld-Wen, Inc., notifying the City of Dubuque that it will experience permanent closure of its facility at 250 East 8th Street on March 28, 2014. Upon motion the documents were received and filed. 20. Cornerstone Government Affairs Service Agreement: City Manager recommend- ing approval of an agreement with Cornerstone Government Affairs, LLC to assist the City in pursuit of the elimination of pari-mutuel greyhound dog racing in Dubuque. Upon motion the documents were received, filed and approved. 21. Progressive Processing, LLC: City Manager recommending authorization of the submission of an Economic Development Assistance Contract by Progressive Pro- cessing, LLC (a subsidiary of Hormel Foods Corporation), the City of Dubuque and the Iowa Economic Development Authority. Upon motion the documents were received and filed and Resolution No. 39-14 Authorizing the execution of an Economic Development Assistance Contract by Progressive Processing, LLC, the City of Dubuque, and the Io- wa Economic Development Authority was adopted. RESOLUTION NO. 39-14 AUTHORIZING THE EXECUTION OF AN ECONOMIC DEVELOPMENT ASSIS- TANCE CONTRACT BY PROGRESSIVE PROCESSING, LLC, THE CITY OF DUBU- QUE AND THE IOWA ECONOMIC DEVELOPMENT AUTHORITY Whereas, Progressive Processing, LLC, a subsidiary of Hormel Foods Corporation, has proposed making a $31.4 million investment as part of an expansion at their facility in Dubuque, Iowa; and Whereas, the City Council of Dubuque, Iowa has considered said proposal and has determined that the proposed project will contribute to the local economy in Dubuque through the creation of 91 jobs; and Whereas, financial assistance from the Iowa Economic Development Authority is de- signed to assist in the economic development efforts of local jurisdictions; and Whereas, the City of Dubuque, Iowa must provide local sponsorship on behalf of Progressive Processing, LLC for their Business Financial Assistance Application with the Iowa Economic Development Authority; and Whereas, the Iowa Economic Development Authority has requested execution of an Economic Development Assistance Contract in order to finalize incentives and docu- ment associated terms. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor is hereby authorized to execute and the City Manager is hereby directed to submit the Economic Development Assistance Contract to the Iowa Economic Development Authority together with such documents as may be required. Passed, approved, and adopted this 17th day of February, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 22. Signed Contracts: Partnership Agreement with Global Green USA. Upon motion the document was received and filed. 23. Alcohol Compliance Civil Penalty for Alcohol License Holders - Main Street Steak and Chophouse: City Manager recommending approval of the Acknowledg- ment/Settlement Agreement for an alcohol compliance violation for Main Street Steak and Chophouse, 342 Main Street. Upon motion the documents were received, filed and approved. 24. Alcohol License Applications: City Manager recommending approval of annual liquor, beer, and wine licenses as submitted. Upon motion the documents were received and filed and Resolution No. 40-14 Approving applications for beer, liquor, and/or wine 9 permits, as required by City of Dubuque Code of Ordinances Title 4 Business and Li- cense Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 40-14 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQ- UOR, BEER AND WINE LICENSES AND PERMITS Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted and filed with the City Council for approval and the same have been examined and ap- proved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of .the City and the applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Clerk is hereby authorized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required documentation: Dollar General Store #10074 2400 Gateway Dr. Class C Beer, Class B Wine (Sunday) Class C Beer, Class B Wine (Sunday) Class C Beer, Class B Wine (Sunday) Class E Liquor, Class B Wine, Class C Beer (Sunday) Class C Liquor, Class B Wine (Catering) (Outdoor) (Sunday) Class C Liquor (Outdoor) (Sunday) Class C Liquor (Sunday) 014. Roy D. Buol, Mayor Dollar General Store #6896 Dollar General Store #7289 Hartig Drug Company #4 Main Street Steak and Chophouse Northside Bar, Inc. 605 W Locust St. 3250 Kennedy Cir. Suite 9 2225 Central Ave. 342 Main St. 2776 Jackson St. Pusateris 2400 Central Ave. Passed, approved and adopted this 17th day of February, 2 Attest: Kevin S. Firnstahl, City Clerk ITEMS TO BE SET FOR PUBLIC HEARING Motion by Connors to receive and file the documents, adopt the resolutions, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Jones. Motion carried 7-0. 1. Fiscal Year 2015 Recommended Budget as Amended: City Manager recommend- ing that the City Council set a public hearing for March 5, 2014, on the Fiscal Year 2015 City budget, Operating and Capital Improvement Program as amended for the City of Dubuque. City Manager recommending that the City Council set a public hearing for March 5, 2014 to consider a fare increase for the Jule Transit System. Public Works Di- rector providing information regarding a budget request to purchase two compressed natural gas (CNG) solid waste collection vehicles in Fiscal Year 2015. Transit Advisory Board submitting a letter of support for the proposed fare increase. Upon motion the documents were received and filed and Resolution No. 41-14 Set- ting the date for the public hearing on the Fiscal Year 2015 Budget as amended for the City of Dubuque; Resolution No. 42-14 Setting the date for the public hearing on the Five -Year Capital Improvement Program as amended for Fiscal Years 2015 through 2019 for the City of Dubuque; and Resolution No. 43-14 Setting the date for a public hearing on the Transit Fixed -Route and Paratransit fare increase were adopted setting a public hearing for a meeting to commence at 6:30 p.m. on March 5, 2014 in the Historic Federal Building. RESOLUTION NO. 41-14 SETTING THE DATE FOR THE PUBLIC HEARING ON THE FISCAL YEAR 2015 BUDGET AS AMENDED FOR THE CITY OF DUBUQUE Whereas, Iowa Code Section 384.16 provides that the City Council shall set a time and place for a public hearing on the Fiscal Year 2015 budget before the final budget certification date and shall publish notice before the hearing as provided in Iowa Code Section 362.3. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council shall conduct a public hearing on the proposed Fis- cal Year 2015 budget as amended for the City of Dubuque in the City Council Cham- bers at the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, on Wednes- day, March 5, 2014, beginning at 6:30 p.m. Section 2. That the City Clerk be and is hereby authorized and directed to publish no- tice of the public hearing, according to law, together with the required budget infor- mation. Passed, approved and adopted this 17th day of February, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk NOTICE OF PUBLIC HEARING BUDGET ESTIMATE FISCAL YEAR BEGINNING JULY 1, 2014 - ENDING JUNE 30, 2015 City of Dubuque, Iowa The City Council will conduct a public hearing on the proposed Budget at Historic Federal Building on 3/5/2014 at 6:30 p.m. The Budget Estimate Summary of proposed receipts and expenditures is shown below. Copies of the detailed proposed Budget may be obtained or viewed at the offices of the Mayor, City Clerk, and at the Library. The estimated Total tax levy rate per $1000 valuation on regular property 11.29254 The estimated tax levy rate per $1000 valuation on Agricultural land is 3.00375 At the public hearing, any resident or taxpayer may present objections to, or arguments in favor of, any part of the proposed budget 563-589-4121 Kevin Firnstahl Phone number City Clerk/Finance Officer's NAME 11 Budget FY 2015 Re-est. FY 2014 Actual FY 2013 (a) (b) (c) Revenues & Other Financing Sources 1 24,591,182 23,197,623 21,823,026 Taxes Levied on Property Less: Uncollected Property Taxes-Levy Year 2 0 0 0 Net Current PropertyTaxes 3 24,591,182 23,197,623 21,823,026 Delinquent Property Taxes 4 0 0 101,076 TIF Revenues 5 10,622,261 9,752,170 9,831,859 Other City Taxes 6 14,979,229 15,560,397 15,071,476 Licenses & Permits 7 1,344,102 1,368,930 1,278,735 Use of Money and Property 8 12,903,511 13,891,131 12,243,445 Intergovernmental 9 54,850,445 32,813,815 28,271,752 Charges for Services 10 37,739,636 35,954,364 30,479,743 Special Assessments 11 32,000 23,000 433,100 Miscellaneous 12 8,512,439 7,874,906 9,958,565 Other Financing Sources 13 68,220,993 26,950,892 48,351,287 Total Revenues and Other Sources 14 233,795,798 167,387,228 177,844,064 Expenditures & Other Financing Uses 15 28,245,634 27,115,833 25,292,704 Public Safety Public Works 16 12,482,658 12,223,715 11,762,952 Health and Social Services 17 1,225,838 998,450 967,291 Culture and Recreation 18 11,830,605 10,916,031 10,352,765 Community and Economic Development 19 13,543,888 13,343,613 11,408,822 General Government 20 7,932,880 7,472,570 6,974,291 Debt Service 21 8,982,241 7,613,632 6,685,697 Capital Projects 22 36,838,327 25,588,595 28,157,402 Total Government Activities Expendi- tures 23 121,082,071 105,272,439 101,601,924 Business Type / Enterprises 24 80,551,261 43,723,844 53,513,732 Total ALL Expenditures 26 201,633,332 148,996,283 155,115,656 Transfers Out 27 38,334,309 20,747,941 23,533,467 Total Expenditures/Transfers Out 28 239,967,641 169,744,224 178,649,123 Excess Revenues & Other Sources Over (Under) Expenditures/Transfers Out 29 -6,171,843 -2,356,996 -805,059 Continuing Appropriation 0 0 Beginning Fund Balance July 1 30 67,083,198 69,440,194 70,245,253 Ending Fund Balance June 30 31 60,911,355 67,083,198 69,440,194 RESOLUTION NO. 42-14 SETTING THE DATE FOR THE PUBLIC HEARING ON THE FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM AS AMENDED FOR FISCAL YEARS 2015 THROUGH 2019 FOR THE CITY OF DUBUQUE Whereas, a proposed Five -Year Capital Improvement Program for the City of Dubu- que for Fiscal Years 2015 through 2019 has been prepared and submitted to the City Council; and Whereas, the capital projects for the first year of the program are included in the Fis- cal Year 2015 budget for the City of Dubuque; and Whereas, it is deemed to be in the best interest of the City of Dubuque to conduct a public hearing and adopt the five-year Capital Improvement Program as amended sim- ultaneously with the public hearing and adoption of the Fiscal Year 2015 budget for the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council shall conduct a public hearing on the five-year Capi- tal Improvement Program as amended for Fiscal Years 2015 through 2019 in the City Council Chambers at the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, on Wednesday, March 5, 2014, beginning at 6:30 p.m. Section 2. That the City Clerk be and is hereby authorized and directed to publish no- tice of the public hearing. Passed, approved and adopted this 17th day of February, 2014. Roy D. Buol. Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 43-14 SETTING THE DATE FOR A PUBLIC HEARING ON TRANSIT FIXED -ROUTE AND PARATRANSIT FARE INCREASE Whereas, the City of Dubuque provides fixed -route and paratransit services for the citizens of Dubuque; and Whereas, the scope services provided to the public have increased; and Whereas, the cost to provide said services have continued to increase; and Whereas, The City of Dubuque desires to continue to provide fixed -route and para - transit services to its citizens; and Whereas, the proposed fare increase will impact all transit riders and fare types; and Whereas, the following increases to both fixed -route and paratransit fares occur dur- ing Fiscal Year 2015 and Fiscal Year 2016 and are proposed: Fixed Route Fare Increases $1.50..__..........................._....._Full Fare $0.75 ............._..._Half -Fare. Free Student (K-12) $15.00 i 10 Ride Card $7.5........._........................_...._10._Ride ...Card (Half-Fa_re)....._............_. ............................ $45.00 Monthly Unlimited Pass $22.50 Monthly Unlimited Pass (Half -Fare) 13 Paratransit Fare Increases $3_00 ....................._ Elderly(65+ $2.00 effective July 1, 2014 Disabled $3 00 effective July 1, 2015 Disabled $30.00 Elderl 65+ 10 Ride Card $20.00 effective July 1, 2014 Disabled 10 Ride Card 30.00 effective July 1, 2015 Disabled 10 Ride Card If approved, the proposed fixed route and paratransit fare increases and related revi- sions take effect on July 1, 2014. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1: A public hearing will be held as part of the City Council Budget Hearing meeting on March 5, 2014. The meeting will begin at 6:30 p.m. and will be held in the City Council Chambers of the Historic Federal Building, 350 W 6th Street, Dubuque, Io- wa. The purpose of the hearing is to allow public comment on the Fiscal Year 2015 fare increase proposal. Section 2: Interested persons may comment on the proposed fare increase either in writing by filing with the City Clerk prior to the time of the public hearing or in person at the public hearing. Any comments submitted will be considered by the City Council and following the public hearing, the City Council will act to adopt or reject the proposed fare increase. Passed, approved and adopted this 17th day of February, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 2. Iowa and Locust Streets Parking Ramp Repair Project: City Manager recommend- ing approval of the initiation of the bidding process for the Iowa and Locust Streets Parking Ramp Repair Project, preliminary approval of the construction plans and speci- fications and the Resolution of Necessity, and further recommends that a public hearing be set for March 3, 2014. Upon motion the documents were received and filed and Resolution No. 44-14 Preliminary approval of 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 for bids was adopted setting a pub- lic hearing for a meeting to commence at 6:30 p.m. on March 3, 2014 in the Historic Federal Building. RESOLUTION NO. 44-14 IOWA AND LOCUST PARKING RAMP REPAIR PROJECT PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPEC- IFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the Iowa and Locust Parking Ramp Repair Project, in the estimated amount $427,900, are here- by preliminarily approved and ordered filed in the office of the City Clerk for public in- spection. A public hearing will be held on the 3rd day of March, at 6:30 p.m. in the Historic Fed- eral Building Council Chambers (second floor), 350 West 6t" Street, Dubuque, Iowa, at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the [Provided] notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or es- timated cost of the Project. Iowa and Locust Parking Ramp Repair Project is hereby ordered to be advertised for bids for construction. The amount of the security to accompany each bid shall be in the amount which shall conform to the provisions of the Notice to Bidders hereby approved. The City Clerk is hereby directed to advertise for bids for the construction of the im- provement herein provided, by publishing the [Provided] Notice to Bidders to be pub- lished in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four but not more than forty-five days before the date for filing bids before 2:00 p.m. on the 19th day of March, 2013. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final action at 6:30 p.m. on the 7th day of April 2014, in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. Passed, adopted and approved this 17th day of February, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding appointment to the fol- lowing Boards/Commissions: 1. Civic Center Advisory Commission: One, 3 -year term through June 29, 2016 (Ex- pired term of Hill). Applicants: McKenzie Hill, 394'/2 Bluff St., #2; 2. Housing Code Appeals Board: One, 3 -year term through January 11, 2017 (Ex- pired term of Young). Applicants: David Young, 1594 Central Ave.; 3. Mechanical Board: Two, 3 -year terms through March 16, 2017 (Expiring terms of Giese and Hillard). Applicants: Tom Giese, 395 Villa St.; Gary Hillard, 2826 Muscatine St. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City Council on the following: 1. Request to Rezone - 1342 Forest Lane: Proof of publication on notice of public hearing to consider a request by DeeAnn Ballard, 1342 Forest Lane, to rezone property 15 from R-2 Two Family Residential to OR Office Residential and the Zoning Advisory Commission recommending approval. Motion by Connors to receive and file the docu- ments and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Braig. Planning Services Manager Laura Carstens provided a staff report and responded to Council concerns about how the rezoning would impact future businesses in this location. Ms. Ballard stated that she's been in business for 21 years and parking would consist of one to two cars for client appointments and overlap adding that she has off-street/driveway parking. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 13-14 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 1342 Forest Lane from R-2 Two -Family residential District to OR Office Residential District. Seconded by Braig. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 13-14 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 1342 FOREST LANE FROM R-2 TWO-FAMILY RESI- DENTIAL DISTRICT TO OR OFFICE RESIDENTIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, the Unified De- velopment Code, is hereby amended by reclassifying the hereinafter -described property from R-2 Two -Family Residential District to OR Office Residential District, to wit: Lot 2-1-21 S. M. Langs Addition, 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. This Ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 17th day of February, 2014. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald Newspaper on the 21st day of February, 2014. /s/Kevin S. Firnstahl, City Clerk 2. Request to Amend Institutional District - 350 North Grandview Avenue: Proof of publication on notice of public hearing to consider a request by Finley Hospital, 350 North Grandview Avenue, to amend the Finley Hospital Institutional District to permit the construction of a 25,000 square -foot, four-story addition to the west side of the hospital building and the Zoning Advisory Commission recommending approval. Motion by Jones to receive and file the documents and that the requirement that a proposed ordi- nance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Resnick. Planning Ser- vices Manager Laura Carstens provided staff report. Dwight Duckstein, Facilities Man- ager for Finley Hospital stated that there are current plans to move the helipad but could become a roof -top pad in the future. Motion carried 6-0 with Lynch abstaining stating that he is on the Finley Hospital Board of Directors. Motion by Jones for final consideration and passage of Ordinance No. 14-14 Amend- ing Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by providing for the amendment of Ordinances 35-93, 59-00, and 5-05 and approval of an amended Campus Development Plan for the Finley Hospital Institutional District. Se- conded by Resnick. Motion carried 6-0 with Lynch abstaining. OFFICIAL PUBLICATION ORDINANCE NO. 14-14 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY PROVIDING FOR THE AMENDMENT OF ORDI- NANCES 35-93, 59-00, AND 5-05, AND APPROVAL OF AN AMENDED CAMPUS DEVELOPMENT PLAN FOR THE FINLEY HOSPITAL INSTITUTIONAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Devel- opment Code, be amended by providing for the approval of an amended campus devel- opment plan for the Finley Hospital ID Institutional District, a copy of which is on file with the City of Dubuque Planning Services Department. Section 2. Institutional District Regulations. A. Use Regulations The following regulations shall apply to all uses made of land in the above- described ID Institutional District: 1. Principal permitted uses shall be limited to: a. Hospitals b. Outpatient care facilities. c. Office for administrative personnel or other institutional employees or affili- ates. d. Classrooms, laboratories, lecture halls, auditoriums and similar places of in- stitutional assembly. e. Off-street parking and loading. f. Facilities and operations for the diagnosis, care, and treatment of human health disorders, including examinations in operating rooms, physical therapy or x-ray facilities, psychiatric treatment, convalescent care, and similar hospital - related uses. This provision shall include separate doctors' clinics, drug stores, and other medical facilities not owned or operated by the principal institution and included in the conceptual development plan. 2. Accessory Uses. The following uses shall be permitted as accessory uses in the above-described ID Institutional District. a. Restaurants and cafeterias, flower shops, gift shops, and candy, cigar, or magazine stands, but only when operated or located entirely within a principal building. b. As an accessory use to a medical institution, and allocated entirely within a principal building, facilities for the compounding, dispensing, or sale of drugs 17 or medicines, prosthetic devices, lotions and preparations, dental care sup- plies, eyewear, bandages or dressings, and similar medical or health-related supplies. c. Group daycare center. d. All uses customarily incidental to the principal permitted uses in conjunction with which such accessory use is operated or maintained, but not to include commercial uses outside the principal building. B. Lot and Bulk Regulations Development of land in the ID Institutional District shall be regulated as follows: All buildings, structures, and activities shall be located in substantial conformance with the [provided] amended Campus Development Plan. C. Performance Standards The development and maintenance of uses in this ID Institutional District shall be established in conformance with Section 5-22 of the Unified Development Code and the following standards: 1. The storm water control shall be designed and built in accordance with City Regulations subject to review and approval by the City of Dubuque Engineering Department. 2. That appropriate erosion and sediment control will be installed prior to com- mencement of any land disturbing activity related to the subject project, includ- ing all required state and city permits related to erosion control. 3. New outdoor lighting shall utilize 72-degree cut-off luminaries. 4. Landscaping shall be provided in compliance with Article 13 of the Unified De- velopment Code. 5. All utilities, including telephone and cable television, shall be installed under- ground. 6. Final site plans shall be submitted in accordance with Articles 12 and 13 of the Unified Development Code. D. Parking Requirements The off-street parking requirements for the principal permitted uses for the herein described ID Institutional District shall be regulated as fol lows. 1. The number, size and layout of off-street parking shall be in substantial compli- ance with the amended campus plan. 2. Any significant expansion or reduction in the number of off-street parking spac- es must be reviewed by Planning Services staff for compliance with the adopted Institutional District regulations. E. Sign Regulations 1. Signage permitted in this ID Institutional District shall be as follows: a) Eleven freestanding signs with a maximum of 50 square feet per sign. b) One freestanding sign with a maximum of 100 square feet per sign. c) Twenty-five wall-mounted signs with a maximum of 50 square feet per sign. d) Four wall-mounted signs with a maximum of 100 square feet per sign. e) One wall-mounted sign with a maximum of 200 square feet. f) Directional signs, as needed, with a maximum sign area of 10 square feet and 10 feet in height. g) That all other sign regulations not herein identified shall conform to Section 16- 15 of the Unified Development Code. F. Additional Standards That all previously approved campus development plans are hereby amended to allow for the [Provided] campus development plan. G. Transfer of Ownership Transfer of ownership of property in this ID Institutional District requires rezoning of the property to an appropriate zoning district. H. Modifications Any modifications of this Ordinance must be approved by the City Council in accordance with zoning reclassification proceedings of Article 9 of the Unified Development Code. Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 4. The foregoing amendment shall take effect upon publications, as provided by law. Passed, approved and adopted this 17th day of February, 2014. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 21st day of February, 2014. /s/Kevin S. Firnstahl, City Clerk 3. Sales Tax Increment Revenue Bonds (Flood Mitigation Program): Proof of publica- tion on notice of public hearing to consider the issuance of Not to Exceed $29,000,000 Sales Tax Increment Revenue Bonds (Flood Mitigation Program) and the City Manager recommending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 45-14 Instituting proceedings to take additional action for the issuance of not to exceed $29,000,000 Sales Tax Increment Revenue Bonds. Seconded by Con- nors. Motion carried 7-0. RESOLUTION NO. 45-14 INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSU- ANCE OF NOT TO EXCEED $29,000,000 SALES TAX INCREMENT REVENUE BONDS Whereas, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $29,000,000 Sales Tax Increment Revenue Bonds for the purpose of pay costs of the acquisition, construction and installation and equipping of the Bee Branch Watershed Flood Mitigation Project, including those costs associated with the Lower Bee Branch Creek Restoration Project (Phases 4 and 7) and the Bee Branch Flood Control Pumping Station Gates Replacement Project, and has considered the ex- tent of objections received from residents or property owners as to said proposed issu- ance; and, accordingly the following action is now considered to be in the best interests of the City and residents thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council does hereby institute proceedings and takes additional action for the sale and issuance in the manner required by law of not to exceed $29,000,000 Sales Tax Increment Revenue Bonds for the foregoing purposes. Section 2. The City Manager, Budget Director and Finance Director are authorized and directed to proceed on behalf of the City with the negotiation of the terms of said Bonds, to select a date for the Council's approval thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the 19 same on behalf of the City and this Council and otherwise to take all action necessary to permit the sale of said Bonds on a basis favorable to the City and acceptable to the Council. Passed and approved this 17th day of February, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS 1. Citizen Petition - St. Ambrose Street Parking: Sharon Hienz submitting a citizen petition and requesting to address the Council on behalf of residents of St. Ambrose Street regarding placing restrictions on residential parking due to issues with Sr. High School. Motion by Braig to receive and file the document and refer to the City Manager. Seconded by Jones. Motion carried 7-0. 2. SRF Green Alley Bid Set 1 Project Award: City Manager recommending award of the contract for the SRF Green Alley Bid Set 1 Project to the low bidder East Iowa Con- struction. Motion by Jones to receive and file the documents and adopt Resolution No. 46-14 Awarding the public improvement contract for the SRF Green Alley Bid Set 1 Pro- ject. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 46-14 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE SRF GREEN ALLEY BID SET 1 PROJECT Whereas, sealed proposals have been submitted by contractors for the SRF Green Alley Bid Set 1 Project (the Project) pursuant to Resolution No. 13-14 and Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa on the 24th day of January, 2014. Whereas, said sealed proposals were opened and read on the 6th day of February, 2014, and it has been determined that East Iowa Construction of Epworth, Iowa, with a bid in the amount of $280,207.75, is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded to East Iowa Construction and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. Passed, approved and adopted this 17th day of February, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 3. Request to Rezone - 1060 Edina Street (Third Reading): Request by John & Angie Long; Ron & Denise Reeg to rezone property located at 1060 Edina (Parcels 10-23- 477-006 & 10-23-477-007) from R-1, Single Family Residential Zoning District, to R-2, Two -Family Residential Zoning District and the Zoning Advisory Commission recom- mending approval. Motion by Jones for final consideration and passage of Ordinance No. 15-14 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified De- velopment Code, by reclassifying hereinafter described property located at 1060 Edina from R-1 Single -Family Residential District to R-2 Two -Family Residential District. Se- conded by Connors. Motion carried 6-1 with Resnick voting nay. OFFICIAL PUBLICATION ORDINANCE NO. 15-14 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 1060 EDINA FROM R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT TO R-2 TWO-FAMILY RESIDENTIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, the Unified De- velopment Code, is hereby amended by reclassifying the hereinafter -described property from R-1 Single -Family Residential District to R-2 Two -Family Residential District, to wit: Lot 48 and Lot 49 Leven's Addition, 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. This Ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 17th day of February, 2014. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald Newspaper on the 21st day of February 2014. /s/Kevin S. Firnstahl, City Clerk 4. Sustainable Dubuque Community Grant Recommendations: City Manager recom- mending funding of six Sustainable Dubuque Community grant applications. Motion by Connors to receive and file the documents and approve the recommendation. Second- ed by Braig. Motion carried 7-0. 5. Storm Water Utility Revenue Capital Loan Notes, $1,029,000 Taxable Series 2014A (State of Iowa Revolving Fund Loan): City Manager providing the suggested proceedings to authorize issuance of $1,029,000 Storm Water Utility Revenue Capital Loan Notes, Taxable Series 2014A (State of Iowa Revolving Fund Loan) through the Iowa Water Pollution Control Works Financing Program. Motion by Braig to receive and file the documents and adopt Resolution No. 47-14 Approving and authorizing the Form of Loan and Disbursement Agreement by and between the City of Dubuque and the Io- wa Finance Authority, and authorizing and providing for the issuance and securing the payment of $1,029,000 Storm Water Utility Revenue Capital Loan Notes, Taxable Se- ries 2014A, of the City of Dubuque, Iowa, under the provisions of the Code of Iowa, and providing for a method of payment of said Notes. Seconded by Connors. Motion carried 7-0. 21 RESOLUTION NO. 47-14 APPROVING AND AUTHORIZING THE FORM OF LOAN AND DISBURSEMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE AND THE IOWA FI- NANCE AUTHORITY, AND AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SECURING THE PAYMENT OF $1,029,000 STORM WATER UTILITY REVE- NUE CAPITAL LOAN NOTES, TAXABLE SERIES 2014A, OF THE CITY OF DUBU- QUE, IOWA, UNDER THE PROVISIONS OF THE CODE OF IOWA, AND PROVIDING FOR A METHOD OF PAYMENT 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 Storm Wa- ter Utility System, sometimes hereinafter referred to as the "System", and said revenues have not been pledged and are available for the payment of revenue Notes, subject to the following premises; and Whereas, Issuer proposes to issue its Storm Water Utility Revenue Capital Loan Notes, Taxable Series 2014A, to the extent of $1,029,000, 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 the form of Loan and Disbursement Agreement by and between the City and the Iowa Finance Authority, be approved and authorized; and Whereas, the Issuer has previously issued $998,000 Storm Water Utility Revenue Capital Loan Notes, Series 2010B, dated January 13, 2010 and $7,850,000 Storm Wa- ter Utility Revenue Capital Loan Notes, Series 2010G, dated October 27, 2010 (togeth- er, the "Outstanding Obligations"), each payable from the net revenues of the System; and Whereas, prior to issuance of the $7,850,000 Storm Water Utility Revenue Capital Loan Notes, Series 2010G, the Issuer held a public hearing and took additional action for the issuance of not to exceed $10,100,000 Storm Water Utility Revenue Capital Loan Notes for the purpose of paying costs of constructing storm water drainage pro- jects and improvements, including those costs associated with the Lower Bee Branch Creek Restoration Project and the refinancing of a portion of the $1,889,521 General Obligation Capital Loan Notes Anticipation Project Note, Series 2006, dated December 28, 2006, issued in respect of such costs; and Whereas, there remains up to $2,250,000 of Storm Water Utility Revenue Capital Loan Notes that may be issued for the Lower Bee Branch Creek Restoration Project under the foregoing hearing and resolution taking additional action; and Whereas, in the resolutions authorizing the issuance of the Outstanding Obligations it is provided that additional revenue notes 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 state- ment complying with the conditions and limitations therein imposed upon the issuance of said parity notes or bonds; and Whereas, the Iowa Finance Authority, as the sole holder of the Outstanding Obliga- tions, has agreed to waive the requirement that a statement of an independent certified public accountant be placed on file in the office of the City Clerk prior to Closing, show- ing the conditions and limitations of the resolution authorizing the Outstanding Obliga- tions, with regard to the sufficiency of the revenues of the System to permit the issuance of additional revenue notes or bonds ranking on a parity with the Outstanding Obliga- tions to have been met and satisfied as required. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IN THE COUNTY OF DUBUQUE, STATE OF IOWA: Section 1. Definitions. The following terms shall have the followingmeanings in this Resolution unless the text expressly or by necessary implication requires otherwise: • "Additional Notes" shall mean any storm water utility revenue notes or notes issued on a parity with the Notes in accordance with the provisions of this Resolution. • "Agreement" shall mean the 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. • "Authorized Denominations" shall mean $5,000 or any integral multiple thereof. • "Clerk" shall mean the City Clerk or such other officer of the successor Governing 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 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-month period beginning on July I 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 ac- counting period of the System. 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 orinterest falling due on the first day of the succeeding Fiscal Year. • "Governing Body" shall mean the City Council of the City, or its successor in func- tion with respect 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 Cur- rent Expenses; "Current Expenses" shall mean and include the reasonable and necessary cost of operating, maintaining, repairing and insuring the System, in- cluding 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 interest or principal payments are not System expenses. • "Notes" or "Note" shall mean $1,029,000 Storm Water Utility Revenue Capital Loan Notes, Taxable Series 2014A, 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 $998,000 Storm Water Utility Revenue Capital Loan Notes, Series 2010B, dated January 13, 2010 and the $7,850,000 Storm Water Utility Revenue Capital Loan Notes, Series 2010G, dated October 23 27, 2010. • "Parity Obligations" shall mean storm water notes or bonds payable solely from the Net Revenues of the System on an equal basis with the Notes herein authorized to be issued, and shall include the Outstanding Obligations. • "Paying Agent" shall mean the City Treasurer, or such successor as may be ap- proved by Issuer as provided herein and who shall carry out the duties prescribed herein 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; • 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 invest- ments set out above if the Issuer takes delivery of the collateral either directly or through an authorized custodian. Repurchase agreements do not include reverse repurchase agreements; • 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 Nation- al Mortgage Association or the Federal Home Loan Mortgage Corporation; • U.S. dollar denominated deposit accounts, federal funds and banker's ac- ceptances 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 maturing 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 classification, "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 notes or other obligations of any state of the United States of America or of any agency, instrumentality or lo- cal governmental 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 escrow 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 notes or other obligations on the maturity date or dates thereof or the speci- fied redemption date or dates pursuant to such irrevocable instructions, as ap- propriate; and (ii) which escrow is sufficient, as verified by a nationally recog- nized independent certified public accountant, to pay principal of and interest and redemption premium, if any, on the notes or other obligations described in this paragraph on the maturity date or dates specified in the irrevocable instructions referred to above, as appropriate; • tax exempt notes as defined and permitted by section 148 of the Internal Rev- enue Code and applicable regulations and only if rated within the two highest classifications as established by at least one of the standard rating services ap- proved by the superintendent of banking by rule adopted pursuant to chapter 17A Code of Iowa; • an investment contract rated within the two highest classifications as estab- lished 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; and • Iowa Public Agency Investment Trust. • "Prior Note Resolutions" shall mean Resolution No. 467-09, approved on Decem- ber 21, 2009 and Resolution No. 404-10, approved on October 18, 2010, author- izing the issuance of the Outstanding Obligations. • "Program" shall mean the Iowa Water Pollution Control Works Financing Program undertaken by the Original Purchaser. • "Project" shall mean the costs of constructing storm water drainage projects and improvements, including those costs associated with the Lower Bee Branch Creek Restoration Project. • "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. • "Registrar" shall mean the City Treasurer 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 other- wise specified, the Registrar shall also act as Transfer Agent for the Notes. • "Resolution" shall mean this resolution authorizing the issuance of the Notes. • "System" shall mean the Storm Water Utility of the Issuer and all properties of every nature hereinafter owned by the Issuer comprising part of or used as a part of the System, including all improvements and extensions made by Issuer while any of the Notes or Parity Notes remain outstanding; all real and personal prop- erty; and all appurtenances, contracts, leases, franchises and other intangibles. • "Treasurer" shall mean the City Treasurer 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. Section 2. Authority. The Agreement and the Notes authorized by this Resolution shall be issued pursuant to Division V, Chapter 384 of the City Code of Iowa, and in compliance with all applicable provisions of the Constitution and laws of the State of Io- wa. The Agreement shall be substantially in the form [Provided] to this Resolution and 25 are authorized to be executed and issued on behalf of the Issuer by the Mayor and at- tested by the City Clerk. Section 3. Authorization and Purpose. There are hereby authorized to be issued, ne- gotiable, serial, fully registered Storm Water Utility Revenue Capital Loan Notes of Dubuque, in the County of Dubuque, State of Iowa, Taxable Series 2014A, in the ag- gregate amount of $1,029,000 for the purpose of paying costs of constructing storm wa- ter drainage projects and improvements, including those costs associated with the Low- er Bee Branch Creek Restoration Project. The City Council, pursuant to Sections 384.24A and 384.84A of the Code of Iowa, hereby finds and determines that it is neces- sary and advisable to issue said Notes authorized by the Agreement and this Resolu- tion. Section 4. Source of Payment. The Notes herein authorized and Parity Notes and the interest thereon shall be payable solely and only out of the net earnings of the System and shall be a 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 Rev- enues to be sufficient for the payment of the Notes. Section 5. Note Details. Storm Water Utility Revenue Capital Loan Notes, Taxable Series 2014A, of the City in the amount of $1,029,000, shall be issued to evidence the obligations of the Issuer under the Agreement pursuant to the provisions of Sections 384.24A and 384.84A of the Code of Iowa for the aforesaid purpose. The Notes shall be designated "STORM WATER UTILITY REVENUE CAPITAL LOAN NOTE, TAXABLE SERIES 2014A", be dated the date of delivery, and bear interest at the rate of 1.75% per annum from the date of each advancement made under the Agreement, until pay- ment thereof, at the office of the Paying Agent, said interest payable on June 1, 2014, and semi-annually thereafter on the 1st day of June and December in each year until maturity as set forth on the Debt Service Schedules [Provided] to the Agreement as Ex- hibit A and incorporated herein by this reference. As set forth on said Debt Service Schedule, principal shall be payable on June 1, 2014 and annually thereafter on the 1st day of June in the amounts set forth therein until principal and interest are fully paid, ex- cept that the final installment of the entire balance of principal and interest, if not sooner paid, shall become due and payable on June 1, 2033. Notwithstanding the foregoing or any other provision hereof, principal and interest shall be payable as shown on said Debt Service Schedule until completion of the Project, at which time the final Debt Ser- vice Schedule shall be determined by the Trustee based upon actual advancements, final costs and completion of the Project, all as provided in the administrative rules gov- erning the Program. Payment of principal 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 at- tested 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 $1,029,000 numbered R-1. Section 6. Initiation Fee and Servicing Fee. In addition to the payment of principal of and interest on the Notes, the Issuer also agrees to pay the Initiation Fee and the Ser- vicing 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 registration of ownership of the Notes for the payment of principal of and in- terest 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 contained in the Notes and in this Resolution. (b) Transfer. The ownership of any Note may be transferred only upon the Regis- tration 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 em- ployer identification number of such transferee (or, if registration is to be made in the name of multiple individuals, of all such transferees). In the event that the ad- dress 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 Registration Books the information pertaining to the registered owner required above. Upon the transfer of any such Note, a new fully registered Note, of any denomination or denominations permitted by this Resolution in aggre- gate principal amount equal to the unmatured 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 delivered 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 regarded 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 in- terest thereon shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Note, including the interest thereon, to 27 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 cancelled 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 sufficient 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 exclu- sively to such funds for any claim of whatever nature on his part under this Resolu- tion 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 fol- lowing the date on which such interest or principal became due, whether at maturity, or at the date fixed for redemption thereof, or otherwise, 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 na- ture 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 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 15th 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 Notes shall be secured equally and ratably by the Net Revenues of the System without priority by reason of number or time of sale or delivery; and the Net Revenues of the System are hereby irrevocably pledged to the timely payment of both principal and interest as the same become due. Section 15. Application of Note Proceeds - Project Fund. Proceeds of the Notes shall be applied as follows: An amount equal to the Initiation Fee and other costs of issuance of the Notes shall be applied to pay such costs as may be approved by the Treasurer. The balance of the proceeds shall be deposited to the Project Fund and expend- ed therefrom for the purposes of issuance. Any amounts on hand in the Project Fund shall be available for the payment of the principal of or interest on the Notes at any time that other funds of the System shall be insufficient 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. Any excess proceeds remaining on hand after completion of the purpose of issuance shall be paid into the Improvement Fund to the maximum required amounts and any remaining amounts shall be used to call or otherwise retire Notes. 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 to 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 revenues 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 as long as any of the Notes or Parity Notes shall be outstanding and unpaid either as to principal or as to interest, or until all of the Notes and Parity Notes then outstanding shall have been discharged and satisfied in the manner provided in this Resolution, the entire income and revenues of the System shall be deposited as collected in a fund to be known as the Storm Water Utility Revenue Fund (the "Revenue Fund"), and shall be disbursed only as follows: (a) Operation and Maintenance Fund. Money in the Revenue Fund shall first be disbursed to make deposits into a separate and special fund to pay current expens- es. The fund shall be known as the Storm Water Utility Revenue Operation and 29 Maintenance Fund (the "Operation and Maintenance Fund"). There shall be depos- ited in the Operation and Maintenance Fund each month an amount sufficient to meet the current expenses of the month plus an amount equal to 1/12th of expens- es 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. (b) Sinking Fund. Money in the Revenue Fund shall next be disbursed to make deposits into a separate and special fund to pay the principal and interest require- ments of the Fiscal Year on the Notes and Parity Notes. The fund shall be known as the Storm Water Utility Revenue Capital Loan Note and Interest Sinking Fund (the "Sinking Fund"). The required amount to be deposited in the Sinking Fund in any month shall be the equal monthly amount necessary to pay in full the installment of interest coming due on the next interest payment date on the then outstanding Notes and Parity Notes plus the equal monthly amount necessary to pay in full 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 required 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 principal of and interest on the Notes and Parity Notes as the same shall become due and payable. (c) Subordinate Obligations. Money in the Revenue Fund may next be used to pay principal of and interest on (including reasonable reserves therefor) any other obligations which by their terms shall be payable from the revenues of the System, but subordinate to the Notes and Parity Notes, and which have been issued for the purposes of extensions and improvements to the System or to retire the Notes or Parity Notes in advance of maturity, or to pay for extraordinary repairs or replace- ments to the System. (d) 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 Resolu- tion, may be used to pay for extraordinary repairs or replacements to the System, or may be used to pay or redeem the Notes or Parity Notes any of them, or for any lawful purpose. Money in the Revenue Fund shall be allotted and paid into the various funds and ac- counts hereinbefore referred to in the order in which said funds are listed, on a cumula- tive basis on the 10th day of each month, or on the next succeeding business day when the 10th shall not be a business day; and if in any month the money in the Revenue Fund shall be insufficient 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. Outstanding Obligations. The provisions in the Prior Note Resolutions, whereby there was created and is to be maintained a Storm Water Utility Revenue Note Principal and Interest Sinking Fund ("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 principal and interest of the Outstanding Obligations, and main- taining a reserve therefor, are hereby ratified and confirmed, and all such provisions in- ure to and constitute the security 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 Sinking Fund in equal monthly installments from the earnings 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 authorized to be is- sued. Except as may be otherwise provided in the above Prior Note Resolutions, pro- ceeds 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. Section 19. 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 the State Sinking Fund provided under Iowa Code chapter 12C, or oth- erwise by a valid pledge of direct obligations of the United States Government having an equivalent market value. All investments 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 Is- suer to maintain separate accounts for the funds created by this Section. All income derived from such investments shall be deposited in the Revenue Fund and shall be regarded as revenues of the System except earnings on investments of the Project Fund shall be deposited in and expended from the Project Fund. Investments shall at any time necessary be liquidated and the proceeds thereof applied to the pur- pose for which the respective fund was created. Section 20. Covenants Regarding the Operation of the System. The Issuer hereby covenants and agrees with each and every holder of the Notes and Parity Notes: (a) Maintenance and Efficiency. The Issuer will maintain the System in good condition 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 Gov- erning 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 succeed- ing Fiscal Year adequate to pay principal and interest requirements and create re- serves as provided in this Resolution but not less than 110% percent of the principal and interest requirements of the Fiscal Year. No free use of the System by the Issu- er or any department, agency or instrumentality of the Issuer shall be permitted ex- cept upon the determination of the Governing Body that the rates and changes oth- erwise in effect are sufficient to provide Net Revenues at least equal to the require- ments of this subsection. 31 (c) Insurance. The Issuer shall maintain insurance for the benefit of the notehold- ers on the insurable portions of the System of a kind and in an amount which nor- mally would be carried by private companies engaged in a similar kind of business. The proceeds of any insurance, except public liability insurance, shall be used to repair or replace the part or parts of the System damaged or destroyed. (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 account- ing practices, and will diligently act to cause the books and accounts to be audited annually and reported upon not later than 180 days after the end of each Fiscal Year by an Independent Auditor and will provide copies of the audit report to the holders of any of the Notes and Parity Notes upon request. The holders of any of the Notes and Parity Notes 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 reference 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 addi- tions that may be made thereto, until satisfaction and discharge of all of the Notes and Parity Notes shall have been provided for in the manner provided in this Reso- lution; provided, however, that 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 unprofitable 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 sub- stituted therefor, and provided further that the proceeds of the disposition of such property shall be placed in a revolving fund and 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 Notes shall not be used to pay principal or interest on the Notes and Parity Notes or for payments into the Sinking Funds. (g) Fidelity Note. The Issuer shall maintain fidelity note 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) Budget. The Governing Body of the Issuer shall approve and conduct opera- tions 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 provided to the holders of any of the Notes upon re- quest. Section 21. Remedies of Noteholders. Except as herein expressly limited the holder or holders of the Notes and Parity Notes 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 22. Prior Lien and Parity Notes. The Issuer will issue no other Notes or obli- gations 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 Notes. Additional Notes may be issued on a parity and equality of rank with the Notes with respect to the lien and claim of such Additional Notes to the revenues of the System and the money on deposit in the funds adopted by this Resolution, for the following pur- poses and under the following conditions, but not otherwise: (a) For the purpose of refunding any of the Notes or Parity Notes which shall have matured or which shall mature not later than three months after the date of de- livery of such refunding Notes and for the payment of which there shall be insuffi- cient money in the Sinking Fund; (b) For the purpose of refunding any Notes, Parity Notes or general obligation notes outstanding, or making extensions, additions, improvements or replacements to the System, if all of the following conditions shall have been met: (i) before any such Additional Notes ranking on a parity are issued, there will have been procured and filed with the Clerk, a statement of an Independent Au- ditor not a regular employee of the Issuer, reciting the opinion based upon nec- essary investigations that the Net Revenues of the System for the preceding Fis- cal Year (with adjustments 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 Notes or Parity Notes for both principal of and in- terest on all Notes or Parity Notes then outstanding which are payable from the net earnings of the System and the Additional Notes then proposed to be issued. For the purpose of determining the Net Revenues of the System for the preced- ing Fiscal Year as aforesaid, the amount of the gross revenues for such year may be adjusted by an Independent Auditor, not a regular employee of the Issu- er, 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 Notes been in effect dur- ing all of such preceding Fiscal Year. (ii) the Additional Notes 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 pre- ceding Fiscal Year. (iv) for the purposes of this Section, general obligation capital loan notes shall be refunded only upon a finding of necessity by the Governing Body and only to the extent the general obligation capital loan notes were issued or the proceeds of them were expended for the System. (v) for purposes of this Section, "preceding Fiscal Year" shall be the most re- cently 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 Notes. Section 23. Discharge and Satisfaction of Notes. The covenants, liens and pledges entered into, created or imposed pursuant to this Resolution may be fully discharged 33 and satisfied with respect to the Notes and Parity Notes, or any of them, in any one or more of the following ways: (a) By paying the Notes or Parity Notes when the same shall become due and payable; and (b) By depositing in trust with the Treasurer, or with a corporate trustee designat- ed by the Governing Body for the payment of said obligations and irrevocably ap- propriated 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 ma- turity, or by redemption prior to maturity on a designated date upon which said obli- gations may be redeemed, all of such obligations outstanding at the time, together with the interest thereon 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 Parity Notes shall cease, determine and be completely discharged, and the holders thereof shall be entitled only to payment out of the money or securities so deposited. Section 24. Resolution a Contract. The provisions of this Resolution shall constitute a contract between the Issuer and the holder or holders of the Notes and Parity Notes, 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 Notes, and interest due thereon, shall have been satisfied and discharged as provided in this Reso- lution. Section 25. Amendment of Resolution Without Consent. The Issuer may, without the consent of or notice to any of the holders of the Notes and Parity Notes, amend or sup- plement this Resolution for any one or more of the following purposes: (a) to cure any ambiguity, defect, omission or inconsistent provision in this Resolu- tion or in the Notes or Parity Notes; or to comply with any application 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 Notes; (b) to change the terms or provisions of this Resolution to the extent necessary to prevent the interest on the Notes or Parity Notes 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 Notes any addi- tional rights, remedies, powers or authority that may lawfully be granted to or con- ferred upon the holders of the Notes; (d) to add to the covenants and agreements of the Issuer contained in this Resolu- tion 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 Is- suer 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 26. 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 Tess than two-thirds in principal amount of the Notes and Parity Notes 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 Notes as may have been issued for the purpose of refunding any of such Notes if such Refunding Notes shall not then be owned by the Issuer); but this Resolution may not be so amended in such man- ner 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 conditions with respect to such payment; (b) Materially affect the rights of the holders of less than all of the Notes and Parity Notes then outstanding; and (c) Reduce the percentage of the principal amount of Notes, the consent of the holders of which is required to effect a further amendment. Whenever the Issuer shall propose to amend this Resolution under the provisions of this Section, it shall cause notice of the proposed amendment to be filed with the Origi- nal Purchaser and to be mailed by certified mail to each registered owner of any Notes as shown by the records of the Registrar. Such notice shall set forth the nature of the proposed amendment and shall state that a copy of the proposed amendatory Resolu- tion is on file in the office of the City Clerk. 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 Notes. 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. 35 Section 27. 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 28. Repeal of Conflicting Ordinances or Resolutions and Effective Date. All other ordinances, resolutions and orders, or parts thereof, in conflict with the provisions of this Resolution are, to the extent of such conflict, hereby repealed; and this Resolu- tion shall be in effect from and after its adoption. Section 29. 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. Passed and approved this 17th day of February, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 6. Iowa Statewide Urban Design and Specifications Program (SUDAS): City Manager recommending that the City Council formally adopt the Iowa Statewide Urban Design and Specifications Program, commonly known as SUDAS. Motion by Lynch to receive and file the documents and adopt Resolution No. 48-14 Approving adoption of the Iowa Statewide Urban Design and Specifications Program for Public Works Improvements. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 48-14 APPROVING ADOPTION OF THE IOWA STATEWIDE URBAN DESIGN AND SPEC- IFICATIONS PROGRAM FOR PUBLIC WORKS IMPROVEMENTS Whereas, the Statewide Urban Design And Specifications Program (SUDAS) pro- vides statewide standards for urban public works improvements; and Whereas, various cities and jurisdictions in the state of Iowa have been meeting, dis- cussing, drafting and implementing SUDAS since the mid 1990's to ensure uniformity and continuity of urban design and specifications in cities throughout Iowa; and Whereas, the City of Dubuque City Council has deemed adoption and implementa- tion of SUDAS a Planned and Managed Growth Goal for the City of Dubuque; and Whereas, the City of Dubuque Engineering Department, with assistance from the City Attorney's Office, has reviewed the SUDAS specifications and prepared Supplemental Specifications for public improvements; and Whereas, the City Council finds that it is in the City's best interest to adopt and im- plement SUDAS for public works improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Statewide Urban Design And Specifications Program is adopted as an accepted form of contract for all public works improvements in the City of Dubu- que. Section 2. That the City Manager is authorized to take such actions as are necessary to implement the Statewide Urban Design And Specifications Program. Passed, approved and adopted this 17th day of February, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 7. Request for Work Session - Sustainable Dubuque Quarterly Work Session: City Manager requesting that the City Council schedule the quarterly Sustainable Dubuque Work Session for Monday, April 21, at 5:00 p.m. Motion by Braig to receive and file the documents and set the public hearing as recommended. Seconded by Resnick. Motion carried 7-0. 8. Fiscal Year 2014 Budget Correction: City Manager recommending options for Fis- cal Year 2014 Operating and Capital Budget shortfall. Motion by Jones to receive and file the documents and for Council members to provide their recommendations for the April 7, 2014 meeting when the public hearing on the budget amendment will be set. Seconded by Lynch. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Resnick thanked the citizens of Dubuque for helping each other through the recent weather conditions and cautioned safety. Council Member Jones acknowledged George Maruyama, a long-time Kiwanis mem- ber, Mason, church leader, and Scout leader who is moving to St. Paul. MN. Mayor Buol expressed condolences on behalf of the City Council to the family of Ron Smith, a 16 -year member of the Zoning Advisory Commission who passed away Febru- ary 8. PUBLIC INPUT Jacob Long, 4606 Cardinal Drive addressed the Council stating that he had concerns about the petitions recently submitted to Council related to the sale of firearms as a home -base business, voting to remove conditions for home-based businesses and en- suring the interest rate on bond issuances. Council Member Connors addressed the pe- tition submitted by the Sisters of St. Francis. City Manager Van Milligen stated that bonds are not subject to a variable interest rate. CLOSED SESSION Motion by Jones to convene in closed session at 7:46 p.m. to discuss pending litiga- tion and property acquisition pursuant to Chapter 21.5(1)(c), -(j) of the Code of Iowa. Se- conded by Resnick. Motion carried 7-0. Upon motion the City Council reconvened in open session at 8:21 p.m. stating that staff had been given property direction. There being no further business, upon motion the City Council adjourned at 8:22 p.m. /s/Kevin S. Firnstahl, CMC City Clerk 37