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Minutes_City Council Proceedings 3 1 21 Copyrig hted March 15, 2021 City of Dubuque Consent Items # 1. City Council Meeting ITEM TITLE: Minutes and Reports Submitted SUM MARY: City Council Proceedings of 3/1;Arts and Cultural Affairs Commission of 11/24, 1/5 and 1/26; Cable TV Commission of 1/8; Community Development Advisory Commission of 2/22; Housing Commission of 2/23; Human Rights Commission of 2/8; Library Board of Trustees of 1/28; Library Board of Trustees Council Update #207 of 2/25; Zoning Advisory Commission of 3/3; Proof of Publication for City Council Proceedings of 2/1 and 2/15; Proof of Publication for List of Claims and Summary of Revenues for Month Ending 1/31. SUGGESTED Suggested Disposition: Receive and File DISPOSITION: ATTACHMENTS: Description Type City Council Proceedings of 3/1/21 Supporting Documentation Arts and Cultural Affairs Commission of 11/24/21 Supporting Documentation Arts and Cultural Affairs Commission of 1/5/21 Supporting Documentation Arts and Cultural Affairs Commission of 1/26 Supporting Documentation Cable TV Commission Minutes of 1/8/21 Supporting Documentation Community Development Advisory Commission Supporting Documentation Minutes of 2/22/21 Housing Commission Minutes of 2/23/21 Supporting Documentation Human Rights Commission Minutes of 2/8/21 Supporting Documentation Library Board of Trustees Minutes of 1/28/21 Supporting Documentation Library Board of Trustees Council Update#207 Supporting Documentation Zoning Advisory Commission Minutes of 3/3/21 Supporting Documentation Proof of Publication for City Council Proceedings of Supporting Documentation 2/1/21 Proof of Publication for City Council Proceedings of Supporting Documentation 2/15/21 Proof of Publication for List of Claims/ Summary of Supporting Documentation Revenues for Month Ending 1/31/21 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION 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.cityofdubuque.org/media, and streamed live on the City's Facebook page at www.facebook.com/cityofdubuque. 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 programming 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 availability 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 community. There being no further business, Mayor Buol declared the meeting adjourned at 6:27 p.m. Adrienne N. Breitfelder City Clerk 1 t 3/10 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION 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/cityofdubuque. 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 dispose 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 Jennifer 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 lowa, the agent for the lowa Communities Assurance 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 property 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 accordance with City procedures was adopted. 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 Manager 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 language 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, lowa and Kretschmer, LLC was adopted. 6. Assignment of Development Agreement with Kenneth Oberbroeckling to Ned Oberbroeckling to Redevelop Property at 253 Main Street: City Manager recommended approval 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 Oberbroeckling was adopted. 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 between the City of Dubuque, lowa and Ned Oberbroeckling was adopted. 8. Fourth Amendment to lowa Values Funds Financial Assistance Contract by and among the lowa Economic Development Authority, Design Mill, Inc., and the City of Dubuque: City Manager recommended approval of the Fourth Amendment to the lowa Values Funds Financial Assistance Contract by and among the lowa 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 lowa Department of Economic Development was adopted. 9. 2021 - 1 st Quarter Update on Childcare Challenges and Collaborations: City Manager 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 between 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 approved. 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 recommended 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 establish 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, lowa was adopted. 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 Network, 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. 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. 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 proposition 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, lowa, and providing for publication of notice thereof was adopted, setting a public hearing to commence at 6:30 p.m. on March 15, 2021. [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 accessed at _or by contacting the City Clerk's Office at 563-589-4100, .] 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 February 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 lowa Gender Balance Law. 5 Commissioners total; currently 3 males/2 females. PUBLIC HEARINGS 1. Human Rights Commission Request for Commissioner Removal: Proof of publication on notice of public hearing for City Council to consider adoption of a resolution removing 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 Commission. 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 requirements to commissioners. Motion carried 7-0. 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 Manager 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: FY2022 recommended property tax rate; FY2022 recommended 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 process and the lower rate that was recommended to the City Council at the February 15t" City Council meeting was $9.89. City Council discussed the options for the property tax rate. Motion carried 6-1 with Resnick voting nay. 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 information, 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 Commission: City Manager transmitted the 2020 Source of Income Annual Report and recommendation from the Housing Commission for review, file, and direction by the City Council. Motion by Resnick to receive and file the documents and view the presentation. Seconded 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 updates from 2020; assisted units by census tract; vouchers accepted by census tract; housing 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 available 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 lowa 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 lowa 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 enact legislation banning City SOI ordinances, 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 motion. 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 expressed. 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 schedule 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. Motion 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 presentation. 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 lowa's largest cities; city utility assistance; recommended 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 service 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 Special Election. There being no further business, Mayor Buol declared the meeting adjourned at 9:36 p.m. Adrienne N. Breitfelder City Clerk 1 t 3/10