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3 1 21 City Council Proceedings Official_Special and RegularCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:00 p.m. on March 1, 2021. Due to the COVID-19 pandemic and mandates for social distancing, this meeting was conducted virtually via GoToMeeting and aired live on CityChannel Dubuque (Mediacom cable channels 8 and 117.2), streamed live on the City's website at www.citvofdubu- que.orq/media, and streamed live on the City's Facebook page at www.face- book.com/cityofdu bug ue. Present: Mayor Buol; Council Members Cavanagh, Jones, Lynch, Resnick, Roussell, Sprank; City Manager Van Milligen, City Attorney Brumwell Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting work sessions to receive updates from the Dubuque Dream Center and Fountain of Youth. WORK SESSIONS (2) 1. Dubuque Dream Center Robert Kimble from the Dubuque Dream Center presented on the organization's pro- gramming and outcomes. Topics included: • Measurable Outcomes • Career Development • Strategy • Phase 3: Licensed Child Care Center • Program Cost Per Student and Services Provided • Long Term Goal School Connectors Latoya Mccauley, Nakiah Kimble, Octavius Evans, and Blake Weidman spoke about youth impact stories. Mr. Kimble and Executive Assistant Racquel McClellan answered questions from the City Council regarding operating support, the roles of School Connectors, and the avail- ability of data that highlights outcomes of the Dream Center. This work session concluded at 5:43 p.m. 2. Fountain of Youth Caprice Jones of Fountain of Youth and Alison Fuller of Driftless Consulting presented a report on the organization's Strategic Plan. Topics included: • Executive Summary • Vision and Mission • Barriers • Participant Stories • Priorities • The Strategic Plan in the City's Efforts to Address Poverty • Projected Growth • Financial Projections and Fundraising • Key Priorities for the Strategic Plan • Metrics and Indicators to Assess Impact and Progress Responding to a question from the City Council regarding how the City's proposed Office of Shared Prosperity would work with organizations such as the Dream Center and Fountain of Youth, City Manager Van Milligen stated that the City's Equitable Poverty Prevention and Reduction Plan, which includes the recommendation for the Office of Shared Prosperity, involves partnering with diverse organizations throughout the commu- nity. There being no further business, Mayor Buol declared the meeting adjourned at 6:27 p.m. /s/Adrienne N. Breitfelder, City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on March 1, 2021. Due to the COVID-19 pandemic and mandates for social distancing, this meeting was conducted virtually and aired live on CityChannel Dubuque (Mediacom cable channels 8 and 117.2), streamed live on the City's website at www.cityofdubuque.org/media, and streamed live on the City's Facebook page at www.facebook.com/citvofdubugue. Present: Mayor Buol; Council Members Cavanagh, Jones, Lynch, Resnick, Roussell, Sprank; City Manager Van Milligen, City Attorney Brumwell 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 PRESENTATION(S) 1. COVID-19 Update: Mary Rose Corrigan, Public Health Specialist for the City of Dubuque, provided an update on the COVID-19 pandemic and response activities. CONSENT ITEMS Motion by Resnick to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Jones. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council Proceedings of 2/15; Civil Service Commission of 2/9. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: 2G2, LLC. for breach of lease; Asbury Square LLC for property damage; Jackie Jones for property damage; additional claim information from Ronald Koehler for property damage; Aaron Rang for vehicle damage; Jacob Schlosser for property damage; additional claim information from State Farm a/s/o Michael or Jen- nifer Connolly for property damage. Upon motion the documents were received, filed, and referred to the City Attorney. 3. Disposition of Claims: City Attorney advised that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As- surance Pool: Asbury Square LLC for property damage; Ashlynn Johnson for property damage; Jackie Jones for property damage; Aaron Rang for vehicle damage; Jacob Schlosser for property damage; State Farm a/s/o Michael or Jennifer Connolly for prop- erty damage. Upon motion the documents were received, filed, and concurred. 4. Approval of City Expenditures: City Manager recommended City Council approval for payment of City expenditures. Upon motion the documents were received and filed, and Resolution No. 51-21 Authorizing the Director of Finance and Budget/City Treasurer to make certain payments of bills that must be paid and approved for payment in accord- ance with City procedures was adopted. RESOLUTION NO. 51-21 AUTHORIZING THE DIRECTOR OF FINANCE AND BUDGET / CITY TREASURER TO MAKE CERTAIN PAYMENTS OF BILLS THAT MUST BE PAID AND APPROVED FOR PAYMENT IN ACCORDANCE WITH CITY PROCEDURES Whereas, Section 1-7-7(E) of the Municipal Code of the City of Dubuque provides that the Finance Director -City Treasurer shall keep an accurate account of all disbursements, money, or property, specifying date, to whom, and from what fund paid; and Whereas, the invoices, presented by those firms and persons providing such goods and services have been pre -audited by Finance Department personnel in accordance with generally accepted internal control procedures and have been determined to have been requisitioned for a lawful municipal purpose; and Whereas, the Finance Director -City Treasurer has provided a list of Expenditures at- tached hereto, and by this reference made a part hereof, to be drawn to pay for goods and services provided for City purposes; and Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 142- 18 adopted May 7, 2018, authorized the Finance Director -City Treasurer to issue checks in payment of certain expenditures known as Exception Expenditures prior to City Council approval and such list is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The Finance Director -City Treasurer is hereby authorized to issue payment for goods and services provided for City purposes in response to the purchase orders and contracts issued in compliance with state and municipal code requirements as re- quested by designated requisitioning authorities in accordance with approved budget ap- propriations. Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Finance Director are hereby authorized and directed to provide the statement of receipts and dis- bursements to the City Council, and to publish a summary thereof. Passed, approved, and adopted this 1 st day of March, 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Approving a First Amendment to a Development Agreement between the City of Dubuque and Kretschmer, LLC to Redevelop Property at 220 East 9th Street: City Man- ager recommended approval of a First Amendment to a Development Agreement with Kretschmer, LLC that modifies the closing date to March 19, 2021 and updates the lan- guage in Section 4.2 Operation of Development Property; Public Assistance Source of Income; Housing Vouchers to better align with City Council goals and priorities. Upon motion the documents were received and filed, and Resolution No. 52-21 Approving the First Amendment to Development Agreement between the City of Dubuque, Iowa and Kretschmer, LLC was adopted. RESOLUTION NO. 52-21 APPROVING THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BE- TWEEN THE CITY OF DUBUQUE, IOWA AND KRETSCHMER, LLC Whereas, the City of Dubuque (City) and Kretschmer, LLC (Developer) previously en- tered into that certain Development Agreement dated August 3, 2020 with respect to the matters specified therein; and Whereas, the parties desire to further modify the Development Agreement as set out in the First Amendment to Development Agreement; and Whereas, the City Council finds that it is in the interests of the City of Dubuque to approve the First Amendment to Development Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the First Amendment to Development Agreement between the City of Dubuque, Iowa and Kretschmer, LLC, a copy of which is attached hereto, is hereby ap- proved. Section 2. That the Mayor is hereby authorized and directed to execute the First Amendment to Development Agreement on behalf of the City and the City Clerk is au- thorized and directed to attest to his signature. Section 3. That the City Manager is authorized to take such actions as are necessary to comply with the terms of the First Amendment to Development Agreement as herein approved. Passed, approved and adopted this 1 st day of March, 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 6. Assignment of Development Agreement with Kenneth Oberbroeckling to Ned Ober- broeckling to Redevelop Property at 253 Main Street: City Manager recommended ap- proval of an Assignment of Development Agreement for redevelopment of property at 253 Main Street. Upon motion the documents were received and filed, and Resolution No. 53- 21 Consenting to the Assignment of the Development Agreement between the City of Dubuque and Kenneth Oberbroeckling from Kenneth Oberbroeckling to Ned Oberbroeck- ling was adopted. RESOLUTION NO. 53-21 CONSENTING TO THE ASSIGNMENT OF THE DEVELOPMENT AGREEMENT BE- TWEEN THE CITY OF DUBUQUE AND KENNETH OBERBROECKLING FROM KEN- NETH OBERBROECKLING TO NED OBERBROECKLING Whereas, the City of Dubuque, Iowa and Kenneth Oberbroeckling (Developer) entered into a Development Agreement dated for reference purposes the 6th of April, 2016, for the following property, situated in Dubuque, Iowa: City Lot 75; and City Lot 74A EXCEPT the north 6 inches thereof; in the City of Dubuque, Iowa, according to the Commissioners' Map of the Town of Dubuque, Iowa; (the Property), locally known as 253 Main Street; and Whereas, pursuant to the Development Agreement, Developer is required to provide certain improvements to the building located on the Property; and Whereas, in order to facilitate development of the Property, the Property has been conveyed by Developer to Ned Oberbroeckling; and Whereas, Developer desires to assign the Development Agreement to Ned Ober- broeckling, pursuant to the Assignment attached hereto in order to facilitate the develop- ment of the Property; and Whereas, the Development Agreement authorizes the conveyance of the Property and assignment, subject to City Council consent; and Whereas, the City Council finds that it is in the best interests of the City of Dubuque to consent to the conveyance of the Property and the Assignment. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque hereby consents to the conveyance of the Property and the Assignment of the Development Agreement to Ned Oberbroeckling. Section 2. The Mayor is hereby authorized and directed to execute the Consent to Assignment on behalf of the City of Dubuque. Passed, approved and adopted the 1 st day of March, 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 7. Second Amendment to Development Agreement for 253 Main Street: City Manager recommended approval of a Second Amendment to the Development Agreement with Kenneth Oberbroeckling, as assigned to Ned Oberbroeckling, for the redevelopment of the property at 253 Main Street. Upon motion the documents were received and filed, and Resolution No. 54-21 Approving the Second Amendment to Development Agreement be- tween the City of Dubuque, Iowa and Ned Oberbroeckling was adopted. RESOLUTION NO. 54-21 APPROVING THE SECOND AMENDMENT TO DEVELOPMENT AGREEMENT BE- TWEEN THE CITY OF DUBUQUE, IOWA AND NED OBERBROECKLING Whereas, the City of Dubuque (City) and Kenneth Oberbroeckling entered into a De- velopment Agreement, dated for reference purposes the 6th day of April, 2015, as amended by the First Amendment to Development Agreement, for the following property, situated in Dubuque, Iowa: City Lot 75; and City Lot 74A EXCEPT the north 6 inches thereof; in the City of Dubuque, Iowa, according to the Commissioners' Map of the Town of Dubuque, Iowa; (the Prop- erty), locally known as 253 Main Street; and Whereas, Kenneth Oberbroeckling conveyed the Property and assigned the Develop- ment Agreement to Ned Oberbroeckling by Assignment dated the 23rd day of February, 2021; and Whereas, City and Ned Oberbroeckling, as Developer, desire to further amend the Development Agreement as set forth in the attached Second Amendment to Development Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Second Amendment to Development Agreement between the City of Dubuque, Iowa and Ned Oberbroeckling, a copy of which is attached hereto, is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the Second Amendment to Development Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. That the City Manager is authorized to take such actions as are necessary to comply with the terms of the Second Amendment to Development Agreement as herein approved. Passed, approved and adopted this 1 st day of March, 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 8. Fourth Amendment to Iowa Values Funds Financial Assistance Contract by and among the Iowa Economic Development Authority, Design Mill, Inc., and the City of Dubu- que: City Manager recommended approval of the Fourth Amendment to the Iowa Values Funds Financial Assistance Contract by and among the Iowa Economic Development Authority, Design Mill, Inc., and the City of Dubuque. Upon motion the documents were received and filed, and Resolution No. 55-21 Approving the Fourth Amendment to the Economic Development Financial Assistance Contract by and among Design Mill, Inc., the City of Dubuque, and the Iowa Department of Economic Development was adopted. RESOLUTION NO. 55-21 APPROVING THE FOURTH AMENDMENT TO THE ECONOMIC DEVELOPMENT FI- NANCIAL ASSISTANCE CONTRACT BY AND AMONG DESIGN MILL, INC., THE CITY OF DUBUQUE, AND THE IOWA DEPARTMENT OF ECONOMIC DEVELOP- MENT Whereas, Design Mill, Inc. (DMI) and the City of Dubuque (City) entered into an Eco- nomic Development Financial Assistance Contract (the Contract) with the Iowa Economic Development Authority (IEDA) for the expansion of DMI's operations in Dubuque, Iowa; and Whereas, DMI requested an extension of the Project Completion Date in the Contract from June 30, 2016 to June 30, 2017 in the First Amendment; and Whereas, DMI requested an extension of the Project Completion Date in the Contract from June 30, 2017 to June 30, 2018 in the Second Amendment; and Whereas, DMI requested an extension of the Project Completion Date in the Contract from June 30, 2018 to June 30, 2019 in the Third Amendment; and Whereas, DMI is now requesting the addition of DMI, LLC as a party to the contract, as set forth in the attached Contract Amendment; and Whereas, the IEDA Board has approved the addition of DMI, LLC as a party to the contract; and Whereas, the parties now desire to amend the Contract as set forth in the attached Contract Amendment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Contract Amendment is hereby approved. Section 2. The Mayor is hereby authorized and directed to execute and the City Man- ager is hereby directed to submit the Contract Amendment to the Iowa Economic Devel- opment Authority together with such other documents as may be required. Passed, approved, and adopted this 1 st day of March, 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 9. 2021 - 1st Quarter Update on Childcare Challenges and Collaborations: City Man- ager transmitted a quarterly update on the status of collaboration efforts among partners in Dubuque to address a need for sufficient quality, affordable childcare options in the community and recommends that Dubuque's State Legislative Delegation be encouraged to continue their support of funding and policy changes that improve childcare availability and affordability. Upon motion the documents were received and filed. 10. Ryan vs. City of Dubuque Board of Review 2020 Property Tax Appeal: Senior Counsel provided a copy of the Stipulation of Settlement regarding a tax assessment appeal filed by Tamara Ryan with the Property Assessment Appeal Board. Upon motion the documents were received and filed. 11. Proposed Amendment to Master Co -location and Shared Services Agreement be- tween the City of Dubuque and Interstate Power and Light: City Manager recommended approval of an amendment to the Master Co -Location and Share Services Agreement with Interstate Power and Light (IPL) for the installation of a shared fiber conduit route within the City of Dubuque. Upon motion the documents were received, filed and ap- proved. 12. Signed Contract(s): Master Services Agreement with ImOn Communications and Multicultural Family Center Sidewalk Replacement Project. Upon motion the documents were received and filed. 13. Grass and Weed Cutting and Garbage Collection Assessments: City Manager rec- ommended adoption of a resolution authorizing the City Clerk to certify grass and weed cutting and garbage collection charges to the Dubuque County Treasurer in order to es- tablish real property liens for collection of such charges. Upon motion the documents were received and filed, and Resolution No. 56-21 Authorizing the City to collect delinquent grass and weed cutting and garbage collection charges in accordance with Title 6-4-3A and Title 6-8-2 of the Code of Ordinances of the City of Dubuque, Iowa was adopted. RESOLUTION NO. 56-21 AUTHORIZING THE CITY TO COLLECT DELINQUENT GRASS AND WEED CUTTING AND GARBAGE COLLECTION CHARGES IN ACCORDANCE WITH TITLE 6-4-3A AND TITLE 6-8-2 OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, residential properties in the City of Dubuque are considered substandard if any conditions exist to an extent that endanger life, limb, health, property, safety or wel- fare of the public or the occupants thereof; and Whereas, whenever in the judgment of the Housing Officer, a nuisance that is "palpably and indisputably such" exists which requires immediate action to protect the public health, safety or welfare of the public, the Housing Officer may order the emergency abatement of such; and Whereas, delinquent grass and weed cutting and garbage collection charges shall be certified by the City Clerk to the Dubuque County Treasurer for collection with, and in the same manner as general property taxes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the persons listed on the attached Grass/Weed/Garbage Assessment Schedule are delinquent in the payment of grass and weed cutting and garbage collection charges: Section 2. That the City Clerk be and is hereby ordered and directed to certify to the County Treasurer of Dubuque County, Iowa, that the persons named on the attached Grass/Weed/Garbage Assessment Schedule are delinquent in the payment of grass and weed cutting and garbage collection charges in the amount set aside of the respective names, and that said amounts shall be collected in the same manner as general property taxes against the respective parcels of property set opposite the names of the owners. Passed, approved and adopted this 1 st day of March, 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk Schedule of Assessments Delinquent Grass and Weed Cutting and Garbage Removal Accounts Location; Owner; Parcel #; Amount; Category 1632 Lucy; Lot 32 Blk 1 Sunset Park 5th Add; Tran, Tan Cao & Lien Hue; 1632 Lucy Dr Dubuque IA 52002; 1028127001-1 $289.00; grass 485 Central; Lot 2, N 15' Lot 1, M Bal of Lot 1, & Lot 3 Exc. The Sly 8 3/4" Ely 53' 8 3/4", All in blk 6 Dubuque Downtown Plaza; AWKM Properties LLC; 2248 Jo Ann Dr Dubuque IA 52002; 1025237008; $289.00; Grass 976 Riker; Lot 50 Oak Grove Add; Schmidt, Michel R; 976 Riker St Dubuque IA 52003; 1025463002; $157.00; grass 309 Jones; Lot 2-1 City Lot 569 & Lot 2-1 City Lot 570; Behning, Karl L; 309 Jones St Dubuque IA 52001; 1025285007; $123.00; grass 2419 Jackson; Lot 1-6 New Jackson Sub; PHK LLC; 9120 Long Tail Ln Dubuque IA 52003; 1013379026; $100.00; grass 1505 Montrose; Lot 15 & S 1 1/2' of Lot 14 Fairview Sub; Freedom Properties LLC; 3500 Dodge St #101 Dubuque IA 52003; 1024334012; $247.00; grass 1559 Washington; N 1/2 of Lot 79 East Dubuque Add; Ginter, Patricia Jean; 2049 Washington St Dubuque IA 52001; 1024281012; $380.00; grass 109 Saint Mary's; Lot 11 St Raphael's Add; Brother 2 LLC; 14053 Kathleen CT Dubu- que IA 52003; 1025256021; $124.00; garbage 1016 Rhomberg; Lot 10 Mc Craney's 2nd Add; & SW 5'-Lots 19 & 21 Wickes' Add; Merfeld, Taylor J & Cindy L 1016 Rhomberg Ave Dubuque IA 52001; 1118351003; $156.00; grass 1238 Jackson; N 25' - Lot 60 East Dubuque Add; Ulhaq, Irfan & Kwon, Miyeon; 995 Mount View CT Platteville WI 53818-1816; 1024435010; $287.00; grass 2900 Pinard; S 1/3 of Lot 4-73 Glendale Add; Hanson, Carlton A; 645 Badger Rd Hazel Green WI 53811; 1013132011; $190.00; grass 6621 S Shrewsbury; Lot 65 English Ridge Subdivision No. 7; English Ridge LLC; 13384 BMR Ln Dubuque IA 52002-9467; 1505132010; $91.00; grass 290 Bryant; Lot 4 Sub 145 & 146 Union Add; Gneiser, Robert John II & Elizabeth J Runicka-Gneiser; 290 Bryant St Dubuque IA 52003; 1025361010; $248.00; grass 1559 Washington; N 1 /2 Of Lot 79 East Dubuque Add; Ginter, Patricia Jean; 2049 Washington St Dubuque IA 52001; 1024281012; $289.00; grass 2252 Francis; Lot 15 Tivoli Add; Henkel, Nicholas E; 2252 Francis St Dubuque IA 52001; 1024129007; $91.00; grass 115 Cherokee; Lot 2-3, 1-4, & 2-1-5 Dubuque Homes Sub #2; McCarty, Jake L; 115 Cherokee Dr Dubuque IA 52003; 1026351005; $157.00; grass 2419 Jackson; Lot 1-6 New Jackson Sub; PHK LLC; 9120 Long Tail Ln Dubuque IA 52003; 1013379026; $124.00; grass 2901 Olde Country Ln; Lot 2 Blk 3 Highland; Nordenson, Craig D Declaration of Trust; 2901 Olde Country Ln Dubuque IA 52001; 1015302002; $157.00; grass 717 Lincoln; Lot 69 Cooks Add; Hollister, George A & Marjorie D; 1916 1/2 Johnson St Dubuque IA 52001; 1013483015; $157.00; grass 2312 Washington; Lot 1 Bee Branch Sub No. 4; Root, Judie E Etal; 2312 Washington St Dubuque IA 52001; 1013460039; $157.00; grass 2226 Rhomberg; Lot 311 Hams Add; Wlochal, Raymond C; 2226 Rhomberg Ave Dubuque IA 52001; 1107457010; $162.00; grass 1225 N Booth; Lot 2-1 Trenks Booth St PI; Fries, Thomas A; 1225 N Booth St Dubuque IA 52001; 1023483017; $190.00; grass 337 Kaufmann; W 35' Of Lot 4 Welands Sub; JRK Properties LLC; 9120 Long Tail Ln Dubuque IA 52003; 1024127034; $157.00; grass 1698 Jackson; Lot 1-37 East Dubuque Add; Eichstadt, Alexander Lee & Andress Boggs; 1675 Jackson St Dubuque IA 52001; 1024268001; $124.00; grass 599 Almond; Lot 1-10 Buettels Sub; Pk Rental Holdings LLC; 812 3rd St NW Dyersville IA 52040; 1024155031; $119.23; garbage 590 Clarke; Bal - N 70' - Lot 8 J P Porters Add; Gladwin, Kevin; 590 Clarke Dr Dubuque IA 52001; 1024153009; $245.65; garbage 954 W 5th; Lot 2-10 Deming & Horrs Sub; MCT Investments LLC; 8505 Southern Hills CT Dubuque IA 52003; 1025154001; $234.68; garbage 579 Quigley; Lot 20 Quigley's Sub of 710; Mork, Micah D; 579 Quigley Ln Apt #3 Dubu- que IA 52001; 1024159024; $258.18; garbage 650 W 8th; Lot 28 Rogers Sub; Budde's Home Improvement Inc; 632 W 8th St Dubu- que IA 52001; 1025133006; $276.52; garbage 1165 Center; Lot 1-3 of Min Lot 88 & Pt of Min Lot 87; E Mueller Sales LLC; 3364 Hibiscus Ln Dubuque IA 52001; 1024356005; $150.34; garbage 985 Center; Lot 2 Newburghs Sub; Pierce, Curtis & Stephanie Etal; 3943 Short St Dubuque IA 52002; 1025102006; $95.17; garbage 337 Kaufmann; W 35' of Lot 4 Welands Sub; JRK Properties LLC; 9120 Long Tail Ln Dubuque IA 52003; 1024127034; $573.36; garbage 115 Cherokee; Lot 2-3, 1-4, & 2-1-5 Dubuque Homes Sub #2; McCarty, Jake L; 115 Cherokee Dr Dubuque IA 52003; 1026351005; $227.10; garbage 650 W 8th; Lot 28 Rogers Sub; Budde's Home Improvement Inc; 632 W 8th St Dubu- que IA 52001; 1025133006; $283.67; garbage 14. Abstract of Votes: City Clerk transmitted the Abstract of Votes for the February 2, 2021 Ward 1 Primary Election as certified by the Dubuque County Auditor. Upon motion the documents were received and filed. ITEMS SET FOR PUBLIC HEARING Motion by Resnick 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 Sprank. Motion carried 7-0. 1. Sale of City -Owned Property at 305-307 East 22nd Street: City Manager requested the City Council set a public hearing for March 15, 2021, for the purpose of disposing of City -owned real property located at 305-307 East 22nd Street to Affordable Housing Net- work, Inc. for the purchase price of $4,171. Upon motion the documents were received and filed, and Resolution No. 57-21 Intent to dispose of an interest in City of Dubuque real estate to Affordable Housing Network, Inc., setting a time and place for hearing, and providing for the publication of notice thereof was adopted, setting a public hearing to commence at 6:30 p.m. on March 15, 2021. RESOLUTION NO. 57-21 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE TO AFFORDABLE HOUSING NETWORK, INC., SETTING A TIME AND PLACE FOR HEARING, AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, the City of Dubuque, Iowa (City) owns 305-307 East 22nd Street (the Prop- erty) legally described as: Lot 1 of the Subdivision of Lot 1 in Kemps Subdivision in the City of Dubuque, Iowa, according to the recorded plat thereof, subject to easements of record; and Whereas, City acquired the Property through the transfer of ownership by Dubuque's True North Corporation for the purpose of its restoration and re -sale for owner -occupied housing; and Whereas, Affordable Housing Network, Inc, will rehabilitate the property and sell the property to an income qualified family or manage the property for the benefit of low to moderate income households; and Whereas, by accepting the selected offer the City's objectives of providing housing options for low to moderate income households, rehabilitation of two vacated homes, and is consistent with the city goal of creating opportunities for affordable housing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa, proposes to dispose of its interest in the above -described real estate to Affordable Housing Network, Inc. Section 2. That the City Council shall conduct a public hearing on the proposed dispo- sition of real estate virtually on the 15th day of March, 2021 beginning at 6:30 p.m. Section 3. That the City Clerk be and is hereby authorized and directed to publish notice of the public hearing in the form attached hereto, according to law. Passed, approved and adopted this 1 st day of March, 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Sale of City -Owned Property at 2243 Central Avenue: City Manager requested the City Council set a public hearing for March 15, 2021, for the purpose of disposing City - owned real property located at 2243 Central Avenue to Tyler and Michelle Ede for $160,000. Upon motion the documents were received and filed, and Resolution No. 58- 21 Intent to dispose of an interest in City of Dubuque real estate to Tyler and Michelle Ede setting a time and place for hearing and providing for the publication of notice thereof was adopted, setting a public hearing to commence at 6:30 p.m. on March 15, 2021. RESOLUTION NO. 58-21 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE TO TYLER AND MICHELLE EDE SETTING A TIME AND PLACE FOR HEARING, AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, the City of Dubuque, Iowa (City) owns 2243 Central Avenue (the Property) legally described as: Lot 6 in Tivoli Addition in the City of Dubuque, Iowa, according to the recorded plat thereof; and Whereas, City acquired the Property for the purpose of its restoration and re -sale for owner -occupied housing; and Whereas, City received an offer to purchase the property from Tyler and Michelle Ede; and Whereas, by accepting the selected offer the City's objectives of providing homeown- ership to an income qualified buyer and rehabilitation of a vacated home can be realized and is consistent with the city goal of creating opportunities for affordable home owner- ship. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa, proposes to dispose of its interest in the above -described real estate to Tyler and Michelle Ede for the sum of $160,000. Section 2. That the City Council shall conduct a public hearing on the proposed dispo- sition of real estate virtually on the 15th day of March 2021 beginning at 6:30 p.m. Section 3. That the City Clerk be and is hereby authorized and directed to publish notice of the public hearing in the form attached hereto, according to law. Passed, approved and adopted this 1st day of March, 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Proceedings to Set the Public Hearing on the Issuance of Not to Exceed $24,000,000 General Obligation Annual Appropriation Refunding Capital Loan Notes: City Manager recommended that a public hearing be set for March 15, 2021, on the prop- osition of selling not to exceed $24,000,000 in General Obligation Annual Appropriation Refunding Bonds, the proceeds of which will be used to refund the Stormwater Revenue Capital Loan Notes, Series 2015B, dated June 19, 2015 and amended September 8, 2017. Upon motion the documents were received and filed, and Resolution No. 59-21 Fixing date for a meeting on the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $24,000,000 General Obligation Annual Appropriation Refunding Capital Loan Notes of the City of Dubuque, Iowa, and providing for publication of notice thereof was adopted, setting a public hearing to commence at 6:30 p.m. on March 15, 2021. RESOLUTION No. 59-21 FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A LOAN AND DIS- BURSEMENT AGREEMENT AND THE ISSUANCE OF not to exceed $24,000,000 GENERAL OBLIGATION ANNUAL APPROPRIATION REFUNDING CAPITAL LOAN NOTES OF THE City of Dubuque, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF Whereas, it is deemed necessary and advisable that the City of Dubuque, Iowa, should provide for the authorization of a Loan and Disbursement Agreement and the issuance of General Obligation Annual Appropriation Refunding Capital Loan Notes to the amount of not to exceed $24,000,000, as authorized by Sections 384.24A and 384.25, Code of Iowa, as amended, for the purpose of providing funds to pay costs of carrying out an essential corporate purpose project as hereinafter described; and Whereas, the Loan and Disbursement Agreement and Notes shall be payable from the Debt Service Fund, if not abated from other sources; and Whereas, before a Loan and Disbursement Agreement may be authorized and Gen- eral Obligation Annual Appropriation Refunding Capital Loan Notes issued to evidence the obligation of the City thereunder, it is necessary to comply with the provisions of the City Code of Iowa, as amended, and to publish a notice of the proposal and of the time and place of the meeting at which the Council proposes to take action for the authorization of the Loan and Disbursement Agreement and Notes and to receive oral and/or written objections from any resident or property owner of the City to such action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council meet via electronic means, at 6:30 o'clock P.M., on the 15th day of March, 2021, for the purpose of taking action on the matter of the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $24,000,000 General Obligation Annual Appropriation Refunding Capital Loan Notes to evidence the obligations of the City thereunder for an essential corporate purpose of the City, the pro- ceeds of which will be used to pay costs of the settlement, adjustment, renewing, or ex- tension of any part or all of the legal indebtedness of a city, whether evidenced by bonds, warrants, orjudgments, or the funding or refunding of the same, including the Stormwater Revenue Capital Loan Notes, Series 2015B, dated June 19, 2015, and amended Sep- tember 8, 2017. Section 2. The Clerk is authorized and directed to proceed on behalf of the City with the negotiation of terms of a Loan and Disbursement Agreement and the issuance of General Obligation Annual Appropriation Refunding Capital Loan Notes evidencing the City's obligations to a principal amount of not to exceed $24,000,000, to select a date for the final approval thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and this Council and otherwise to take all action necessary to permit the completion of a loan on a basis favorable to the City and acceptable to the Council. Section 3. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four clear days nor more than twenty days before the date of said public meeting on the issuance of said Notes. Section 4. The notice of the proposed action shall be in substantially the [provided] form: Passed and approved this 1st day of March, 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk [Due to the ongoing COVID-19 pandemic, the City Council will meet virtually through GoToMeeting. The official agenda will be posted on Friday prior to the meeting and will contain listening, viewing, and public input options. The City Council agenda can be ac- cessed at https://citVofdubugue.novusagenda.com/AgendaPublic/ or by contacting the City Clerk's Office at 563-589-4100, ctyclerk cityofdubugue.org.] BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their appointment to the following Boards/Commissions. 1. Community Development Advisory Commission: One, 3-Year term through Febru- ary 15, 2023 (Expiring term of Woodyard). Applicant: Julie Woodyard, 2015 Washington St. 2. Housing Appeals and Mediation Board — Newly Amended Board: One, 3-Year term through January 1, 2024. Applicant: Luke Hoffmann, 991 June Dr. 3. Zoning Board of Adjustment: One, 5-Year term through March 25, 2026 (Expiring term of McCoy). Applicant: Jonathan McCoy, 263 Main St. This commission is subject to the State of Iowa Gender Balance Law. 5 Commissioners total; currently 3 males/2 fe- males PUBLIC HEARINGS 1. Human Rights Commission Request for Commissioner Removal: Proof of publica- tion on notice of public hearing for City Council to consider adoption of a resolution re- moving Commissioner Ashley Regan from the Human Rights Commission pursuant to Title 8, Chapter 2, Section 8-2-12 of the Human Rights Ordinance, and Human Rights Commission recommended approval. Motion by Jones to receive and file the documents and adopt Resolution No. 60-21 Removing a Commissioner from the Human Rights Com- mission. Seconded by Sprank. Responding to a question from the City Council regarding attempts to contact to the Commissioner, City Attorney Brumwell stated that the Human Rights Commission contacted the Commissioner multiple times. City staff provided notice to the Commissioner of this public hearing and published notice of this public hearing in the newspaper. City Council stated the importance of communicating attendance require- ments to commissioners. Motion carried 7-0. RESOLUTION NO. 60-21 REMOVING A COMMISSIONER FROM THE HUMAN RIGHTS COMMISSION Whereas, the City of Dubuque, Iowa Human Rights Commission is governed by Title 8 of the City of Dubuque Code of Ordinances; and Whereas, § 8-2-10 of the Code of Ordinances establishes the requirement for attend- ance at commission meetings as follows: 8-2-10: MEETINGS: D. Attendance: 1. In the event a commissioner has been absent for three (3) or more consecutive meetings of the commission, without being excused by the chairperson, such ab- sence will be grounds for the commission to recommend to the city council that the position be declared vacant and a replacement appointed. 2. Attendance must be entered upon the minutes of all meetings; and Whereas, the Human Rights Commission has recommended to the City Council that Ashley Regan be removed from the Commission for failure to comply with the attendance requirements, such recommendation attached as Exhibit A; and Whereas, § 8-2-12 of the Code of Ordinances authorizes removal of a commissioner for cause upon written charges and after public hearing; and Whereas, a public hearing was set for March 1, 2021 and notice was mailed to Ashley Regan and published in accordance with Iowa Code §362.3; and Whereas, the City Council held a public hearing on the question of removing Commis- sioner Ashley Regan from the Human Rights Commission on March 1, 2021. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council hereby removes Ashley Regan from the Human Rights Commission for noncompliance with the attendance requirement of the Code of Ordi- nances. Section 2. The City Clerk is hereby authorized and directed to begin recruitment for appointment to the Human Rights Commission to fill the seat created by this removal. Passed, approved, and adopted this 1st day of March 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Public Hearing for Resolution Establishing Maximum Property Tax Dollars for Fiscal Year 2022: Proof of publication on notice of public hearing to consider approval of the Fiscal Year 2022 Resolution Establishing Maximum Property Tax Dollars, and City Man- ager recommended approval. Motion by Cavanagh to receive and file the documents and adopt Resolution No. 61-21 Approval of the Fiscal Year 2022 Maximum Property Tax Dollars for the Affected Tax Levy Total. Seconded by Jones. The City Manager made a presentation. Highlights included: FY22 recommended property tax rate; FY22 recom- mended budget improvement packages; public hearing options. Responding to questions from the City Council, City Manager Van Milligen and Director of Finance and Budget Jennifer Larson stated that the property tax rate could be lowered during the budget pro- cess and the lower rate that was recommended to the City Council at the February 15th City Council meeting was $9.89. City Council discussed the options for the property tax rate. Motion carried 6-1 with Resnick voting nay. RESOLUTION NO. 61-21 APPROVAL OF THE FISCAL YEAR 2022 MAXIMUM PROPERTY TAX DOLLARS FOR THE AFFECTED TAX LEVY TOTAL Whereas, pursuant to State of Iowa SF634, the City of Dubuque is required to hold a public hearing to consider the proposed Fiscal Year 2022 city maximum property tax dol- lars for the affected levy total; and Whereas, the City Council have considered the proposed Fiscal Year 2022 city maxi- mum property tax dollars for the affected levy total; and Whereas, a notice concerning the proposed city maximum property tax dollars was published as required and posted on city web site and/or social media accounts if appli- cable; and Whereas, a public hearing concerning the proposed city maximum property tax dollars was held on March 1, 2021. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The maximum property tax dollars for the affected tax levies for Fiscal Year 2022 shall not exceed the following total: Total maximum levy for affected property tax levies $26,349,612 Section 2. The maximum property tax dollars requested in the total maximum levy for Fiscal Year 2022 represents an increase less than 102% from the maximum property tax dollars requested for Fiscal Year 2021. Passed, adopted and approved this 1 st day of March 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk PUBLIC INPUT Due to the COVID-19 pandemic and mandates for social distancing, public input was made available through GoToMeeting chat function, City Council and City Clerk email accounts, and the City of Dubuque's Facebook Live page. Allison Kaune, 155 Fremont Ave., spoke on behalf of the Educational Justice Group in support of adopting a Source of Income Ordinance, related to Action Item #3 on the agenda. ACTION ITEMS 1. Greater Dubuque Development Corporation - Quarterly Update: President and CEO Rick Dickinson presented the quarterly update on the activities of the Greater Dubuque Development Corporation. Topics included partnering with the Dubuque Area Chamber of Commerce to contact employers to provide COVID-19 vaccine information and sharing recent workforce metrics. Motion by Resnick to receive and file the information. Seconded by Roussell. Motion carried 7-0. 2. Adoption of Dubuque Community Equitable Poverty Reduction & Prevention Plan: City Manager recommended City Council adoption of the Dubuque Community Equitable Poverty Reduction & Prevention Plan. Motion by Cavanagh to receive and file the infor- mation, approve the plan, and view the presentation. Seconded by Resnick. Planning Services Manager Wally Wernimont made a presentation. Topics included: purpose of the project; how the project was executed; presentation of the draft plan; and revised plan based on City Council comments. Motion carried 7-0. 3. Source of Income Annual Report and Recommendation from the Housing Commis- sion: City Manager transmitted the 2020 Source of Income Annual Report and recom- mendation from the Housing Commission for review, file, and direction by the City Coun- cil. Motion by Resnick to receive and file the documents and view the presentation. Se- conded by Cavanagh. Housing and Community Development Director Alexis Steger made a presentation. Topics included: rental assistance programs; 2020 housing choice voucher impact; source of income ordinance review; recommendations; rental license up- dates from 2020; assisted units by census tract; vouchers accepted by census tract; hous- ing choice vouchers accepted vs. all rental units; affordable unit creation 2015-2020; housing commission recommendation; staff recommendations; education and outreach. Ms. Steger responded to questions from the City Council regarding the number of avail- able units, voucher costs for participants, the system maintained by Housing and Urban Development (HUD) for documenting tenant issues, reasons why landlords will not accept housing choice vouchers, and 2020 data on damaged apartments by housing choice voucher renters. City Attorney Brumwell responded to questions from the City Council regarding potential State actions that may occur if the city passes a Source of Income (SOI) Ordinance but then the State of Iowa adopts legislation banning cities from adopting SOI ordinances. City Council discussed the options and the challenges of the State's potential legislation. Council Member Resnick amended his motion to receive and file the documents, view the presentation, and to set the first possible date for City Council to re- address the issue to a date after the Iowa State legislature has made its decision on their Source of Income legislation. Council Member Jones recommended the City Council adopt an ordinance with a delayed effective date of July 1, 2021. Either the ordinance would not take effect if the State legislators enacted legislation banning City SOI ordi- nances, or the City Council can adopt the SOI ordinance if the State does not enact such legislation. Council Member Resnick declined the recommendation and stated that he would like to maintain the current amended motion. Council Member Cavanagh declined to second the amended motion. Council Member Roussell seconded the amended mo- tion. Motion carried 6-1 with Cavanagh voting nay. 4. Request to Schedule Work Session on Police Department's Current Activities and Initiatives Around Brain Health: City Manager requested the City Council schedule a work session for April 19, 2021, at 5:30 p.m. for a presentation on Dubuque Police Department Brain Health Initiatives. Motion by Resnick to receive and file the documents and set the work session as recommended. Seconded by Jones. No schedule conflicts were ex- pressed. Motion carried 7-0. 5. Request to Schedule Monthly Work Session on COVID-19 Response: City Manager requested the City Council schedule a work session for May 3, 2021, at 5:30 p.m. to receive updates on the COVID-19 response. Motion by Resnick to receive and file the documents and set the work session as recommended. Seconded by Roussell. No sched- ule conflicts were expressed. Motion carried 7-0. 6. Submission of Fiscal Year Ended June 30, 2020 Comprehensive Annual Financial Report (CAFR) and Auditor's Communication with Those Charged with Governance: City Manager transmitted the Fiscal Year 2020 Comprehensive Annual Financial Report (CAFR) and Auditor's Communication with Those Charged with Governance Letter. Mo- tion by Resnick to receive and file the documents and view the presentation. Seconded by Cavanagh. Assistant Director of Finance and Budget Cassie Ross made a presenta- tion. Topics included: types of independent auditor's opinion; compliance audit; benefits of an audit; audit results; government -wide summary; general fund revenue; tax revenue three-year history; general fund revenue three-year history; general fund expenditures; general fund expenditures three-year history; comparison of general fund balances; net investment in capital assets; unfunded legacy costs; audit and compliance audit results; and changes made. Motion carried 7-0. 7. Presentation of the City Manager's Fiscal Year 2022 Budget Recommendation: City Manager presented the Fiscal Year 2022 Budget recommendation. Motion by Resnick to receive and file the information and view the presentation. Seconded by Jones. The City Manager provided a presentation. Topics included: recommended FY22 property tax rate comparison; recommended FY22 property taxes per capita; percent of legal debt limit utilized; general fund reserve; retired debt vs. new debt; reduction of statutory debt limit used; city utilities; comparisons to Iowa's largest cities; city utility assistance; recom- mended improvement packages; public safety; 2019 median household income; 10-year average annual growth rate; 2019 median housing value; and median housing value 10- year average annual growth rate. City Manager Van Milligen responded to a question from the City Council regarding Dubuque's average growth rate compared to Sioux City. Motion carried 7-0. COUNCIL MEMBER REPORTS City Council Members individually acknowledged Council Member Lynch for serving as the Ward 1 Council Member when the seat became vacant in 2020. Mr. Lynch's ser- vice as the Ward 1 Council Member concludes on March 8, 2021, as the candidate elected in the March 2, 2021 Ward 1 Special Election will begin their term on March 8. Council Member Jones encouraged Ward 1 registered voters to vote in the March 2 Spe- cial Election. There being no further business, Mayor Buol declared the meeting adjourned at 9:36 p.m. /s/Adrienne N. Breitfelder, City Clerk