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10 2 23 Agenda Special and RegularR O LL C AL L O R D E R F O R ME E TIN G O F O ctober 2, 2023 Cavanagh, R oussell, Spr ank, W ethal, Far ber, R esnick, Jones Viewing and Participation O ptions The public has the option to view and participate in the meeting in City C ouncil Chambers or vir tually. The meeting will be aired live on CityChannel Dubuque (Mediacom cable channels 8 and 117.2), str eamed live and archived on the City’s website a t w ww.city ofdubuque .org/m e dia, and streamed live on the City’s Face book page at w ww.face book.com/city ofdubuque . The public can provide in-per son, audio, and written input during sections of the agenda where public input is accepted. It is strongly recommended that all members of the public who intend to provide in-person or virtual public input contact the City C lerk at least 24 hours prior to the meeting to provide notice of intent to provide public input. This will help City staff anticipate participation levels at the meeting. Contact the City Clerk at ctyclerk@cityofdubuque.org or 563-589-4100. For in-person input, please reference the instructions on speaking within the Consent Items, P ublic Hear ing, and P ublic Input sections. Virtual input options during the liv e me e ting include : Log into GoToMeeting using the login links, phone number s and access code below. This option includes audio input and written “chat” input. If you ar e par ticipating via computer, indicate which item you would like to speak to in the Chat function, or note you would like to speak dur ing the appropr iate section. If you are participating via phone, indicate which item you would like to speak to during the appr opriate section. All comments, whether audio or wr itten, must be accompanied by a name and addr ess. P lease join the meeting from your computer, tablet or smartphone. www.C ityOfDubuque.or g/VirtualMeeting You can also dial in using your phone. United States (Toll Free): 1 877 568 4106 United States: +1 (571) 317-3129 Access Code: 337-661-181 Additionally, written public input can be accepted pr ior to or dur ing the meeting by: Contacting the City C ouncil directly from the City’s webpage at www.cityofdubuque.org/councilcontacts Thr ough the C ity Clerk’s O ffice email at ctyclerk@cityofdubuque.org C ITY O F D U B U Q U E, IO W A C IT Y C O U N C IL ME E T IN G H istoric Federal Building: 350 W . 6th Street - S econd-Floor C ouncil Chamber s O ctober 2, 2023 Council meetings are video streamed live and archived at www.cityofdubuque.org/media and on Dubuque's CityChannel on the Mediacom cable system at cable channel 8 and digital 117.2 W O R K SESSIO N 1.5:15 p.m. S mar t Parking & Mobility Management Plan U pdate Page 1 Project Manager S teve S ampson B rown is providing information on the progress of the Smart Parking & Mobility Management Plan aspects related to mobility in the downtown area. A PowerP oint presentation will be given by RD G on stakeholder input collec ted related to the various aspec ts of the mobility plan, progress completed to date on the mobility plan, and upc oming next steps working toward finalizing the mobility portion of the plan. R E G U L AR S E S S IO N 6:30 P M P LED G E O F ALL E G IAN C E P R E S E N TAT IO N(S) 1.C lass of 2023 R ising S tar Awar d to P olice Lieutenant R ick Fullmer & Video Bob W oodward with the Telegraph Herald will present P olice Lieutenant Rick Fullmer with the Class of 2023 Rising Star Award A video will also be shown. For ac cess to the video visit: https://y outu.be/TRRthX -GZmM 2.Federal B ureau of Investigation (F B I) National Academy G raduation to Assistant C hief of Police Joseph Messer ich D ubuque Polic e Chief J eremy J ensen has announced that A ssistant C hief J oseph Messeric h has graduated as a member of the 287th session of the FB I National A cademy. 3.Outstanding O rganization Awar d to Dubuque Tr ees For ever C ity Manager sharing the Outstanding Organization Award to Dubuque Trees Forever from Trees Forever. 4.3C MA Silver C ircle Award for "D eliver ing D ubuque" Video Series to Felica Carner and Mayor B rad C avanagh C ity Manager is sharing information on the 3C MA S ilver Circ le Award received for the video servic es produced by the City of Dubuque P ublic I nformation Office staff. P R O C L AMATIO N (S ) 1.Tr ick-or-Tr eat N ight Pr oclamation C O N S E N T ITEMS The c onsent agenda items are considered to be routine and non-c ontroversial and all consent items will be normally voted upon in a single motion without any separate disc ussion on a partic ular item. I f you would like to discuss one of the C onsent I tems, please go to the microphone and be recognized by the May or and state the item y ou would like removed from the Consent Agenda for separate disc ussion and consideration. 1.Minutes and Reports Submitted C ity Council Proceedings of 9/18/23; A rts and C ultural Affairs C ommission Minutes of 7/25/23; Civil Servic e Commission minutes of 6/29/23, 7/12/23, 8/9/23, 8/28/23; Transit Advisory B oard minutes of 9/14/23; P roof of Publication of City C ounc il P roc eedings of 8/18/23, 8/21/23, 8/22/23, 8/23/23, 8/24/23 Suggested D isposition: R eceive and File 2.N otice of C laims and Suits J ill B oge for vehicle damage; J ohn E by for vehic le damage; D avid W eydert for property damage Suggested D isposition: R eceive and File; R efer to City Attorney Page 2 3.D isposition of C laims C ity Attorney advising that the following c laims have been referred to P ublic Entity Risk Servic es of I owa, the agent for the I owa C ommunities A ssuranc e P ool: J ohn Eby for vehicle damage Suggested D isposition: R eceive and File; C oncur 4.Appr oval of C ity E xpenditures C ity Manager rec ommending C ity Council approval for payment of City expenditures. R E S O L U T IO N Authorizing the Chief Financ ial Officer/C ity Treasurer to make certain pay ments of bills that must be paid and approved for pay ment in ac cordanc e with C ity procedures Suggested D isposition: R eceive and File; Adopt R esolution(s) 5.Electr ic Fuel Excise Tax and Charging Fee Recommendation C ity Manager rec ommending C ity Council adopt a resolution establishing the fee ($0.17/kW h fee) for use of public elec tric vehic le (E V) charging stations in public parking facilities, to recover the state exc ise tax, C hargeP oint transaction fees and cloud plan, and elec tricity. R E S O L U T IO N E stablishing Rates and Charges for Elec tric Vehic le C harging Suggested D isposition: R eceive and File; Adopt R esolution(s) 6.Award Maus Park Lake P ump Station C ulvert Repair Pr oject C ity Manager rec ommending C ity Council adopt the resolution awarding the P ublic I mprovement C onstruc tion C ontrac t for the Maus P ark Lake Pump Station C ulvert Repair Project in the amount of $525,172.00 to Tsc higgfrie E xc avating. R E S O L U T IO N Awarding the Public I mprovement C onstruc tion C ontrac t for the Maus P ark Lake Pump Station C ulvert Repair Project Suggested D isposition: R eceive and File; Adopt R esolution(s) 7.Third Amendment to C ommunity Development Block G rant (C D B G ) Subr ecipient Agr eement- S t. John's Almost H ome S helter Rehab C ity Manager rec ommending C ity Council approve the third amendment to the C D B G-C V Subrecipient Agreement with A lmost Home and authorize the Mayor to execute the c ontrac t on behalf of the C ity. R E S O L U T IO N Authorizing the Third A mendment to the C D B G-C V S ubrec ipient Agreement with A lmost Home at St. J ohn’s Suggested D isposition: R eceive and File; Adopt R esolution(s) 8.Tempor ar y Agr eement Between the City of D ubuque and ITC Midwest, LL C to O per ate an Electr ic Transmission S ystem in the C ity of Dubuque Senior C ounc il B arry Lindahl recommending City C ounc il adopt the resolution approving the temporary Agreement authorizing I TC Midwest, LLC to operate an electric transmission sy stem in the City of D ubuque until the franc hise agreement takes effect but no later than December 31, 2023. R E S O L U T IO N A pproving an Agreement between the City of Dubuque and I TC Midwest, L L C to operate an E lectric Transmission S ystem in the C ity of D ubuque Suggested D isposition: R eceive and File; Adopt R esolution(s) 9.ImO n Ice Arena - D ehumidification, H VAC , G enerator S et S ystem D esign R ecommendation for S election of P rofessional C onsultant Services C ity Manager rec ommending C ity Council approval of the selection of Nelson-Rudie & A ssoc iates, I nc . as the first-ranked Consultant and requests authorization for the C ity to initiate contract negotiations for Professional C onsultant Servic es to complete the preliminary and final engineering design for the development of a projec t for the installation of a new replacement dehumidific ation system, a new arena Page 3 HVA C and emergenc y generator sy stem at the I mon I ce A rena. Suggested D isposition: R eceive and File; Approve 10.H istor y of E conomic D evelopment’s S mall Business Assistance P rogr am C ity Manager advised that the 2023 Small B usiness Grant P rogram nine new partic ipants are beginning in this y ear ’s grant and support program. Suggested D isposition: R eceive and File 11.Signed C ontracts C ompass Minerals Americ a, I nc. for I ce C ontrol Road Salt P rojec t 5400-23-24; Q C asino for Parking Lic ense Agreement; Tsc higgfrie E xc avating for Burlington S treet W ater Main I mprovement Project 2023 Suggested D isposition: R eceive and File IT E MS S E T F O R P U B LIC H E AR IN G These agenda items ar e being scheduled for a futur e public hearing on the date indicated. 1.Fifth Amendment to D evelopment Agreement by and between the City of D ubuque, Iowa and Por t of D ubuque L LC C ity Manager rec ommending C ity Council adopt the resolution to set a public hearing on October 16, 2023, on the attac hed Fifth Amendment to D evelopment Agreement B etween the C ity of D ubuque and Port of Dubuque LLC. R E S O L U T IO N Fixing the date for a Public Hearing of the C ity Council of the C ity of D ubuque, I owa on the Fifth Amendment to D evelopment Agreement between the City of D ubuque, I owa, and Port of Dubuque LLC, including the proposed issuance of Urban Renewal Tax I nc rement Revenue Obligations Relating thereto, and providing for the Publication of Notic e thereof Suggested D isposition: R eceive and File; Adopt R esolution(s), Set Public H earing for October 16, 2023 2.First Amendment to G rant Agreement with N ia Neighborhoods Oppor tunity Zone Fund, LL C for the Rehabilitation of 1398 W hite S treet C ity Manager rec ommending C ity Council set a public hearing on Oc tober 16, 2023, for a First Amendment to Grant A greement with Nia Neighborhoods Opportunity Zone Fund, LLC. R E S O L U T IO N Fixing the Date for a Public Hearing of the C ity Council of the C ity of D ubuque, I owa on a First A mendment to Grant Agreement by and between the C ity of D ubuque, I owa, and Nia Neighborhoods Opportunity Zone Fund, L L C , I nc luding the Proposed I ssuance of Urban Renewal Tax I nc rement Revenue Obligations Relating Thereto, and Providing for the Publication of Notic e Thereof Suggested D isposition: R eceive and File; Adopt R esolution(s), Set Public H earing for October 16, 2023 3.Fiscal Year 2024 First B udget Amendment C ity Manager rec ommending the first Fisc al Year 2024 Budget Amendment be set for public hearing for Oc tober 16, 2023. R E S O L U T IO N S etting the D ate for the Public Hearing on Amendment No. 1 to the Fiscal Year 2024 B udget for the C ity of D ubuque Suggested D isposition: R eceive and File; Adopt R esolution(s), Set Public H earing for October 16, 2023 P U B L IC H E AR IN G S Page 4 Residents ar e invited to addr ess the City C ouncil regar ding the following agenda items. P lease come to the podium and state your name and addr ess when the item you wish to speak to is being consider ed. 1.Vacate a Por tion of an Access and Trail Easement across Lot 1 of Dubuque Industr ial C enter S outh Fourth Addition Proof of P ublic ation on notic e of public hearing to c onsider Vacate a P ortion of an Ac cess and Trail Easement across Lot 1 of Dubuque I ndustrial Center South Fourth Addition and City Manager recommending approval R E S O L U T IO N Disposing of Property by Vacating C ity I nterest in a P ortion of an Ac cess and Trail Easement Over and A cross Lot 1 of Dubuque I ndustrial Center South Fourth Addition, in the City of Dubuque, I owa Suggested D isposition: R eceive and File; Adopt R esolution(s) P U B L IC IN P U T A t this time, any one in the C ounc il Chambers may address the C ity Council on the A ction I tems on the agenda or on matters under the c ontrol of the C ity Council. Residents are asked to approach the podium and state their name and address before proceeding with their c omments. I ndividual remarks are limited to five minutes, and the overall P ublic I nput period is limited to 30 minutes. Under the I owa Open Meetings Law, the City C ounc il can take no formal ac tion on comments given during Public I nput which do not relate to Ac tion I tems on the Agenda. AC T IO N ITEMS These are items where discussion is held by the City C ouncil - public comments are not allowed except as author ized by the Mayor. 1.Small C ommunity Air Service D evelopment (S C AS D) P rogr am C ongressional representatives have notified A irport D irec tor Todd Dalsing that the Dubuque Regional Airport and its partners will rec eive a $1.5 million grant through the federal government’s S mall C ommunity A ir Servic e Development (S C A S D) P rogram. Suggested D isposition: R eceive and File 2.U .S. D epartment of C ommer ce Invests $7.7 Million for Flood P rotection Infrastr uctur e in D ubuque, Iowa The City of Dubuque has been awarded a $7.7 million grant from the U.S . Department of C ommerce’s Ec onomic Development A dministration (E D A ) to improve flood prevention infrastruc ture and help protec t homes and businesses from future flooding. Suggested D isposition: R eceive and File 3.Appeal of Claim by C layton and N icole K etchum The City A ttorney 's Offic e conc urs with the conc lusion of P ublic Entity Risk Servic es (P E RS ) that the c ity is not liable for the damages and recommending denial of an appeal of a claim against the C ity filed by Clay ton and Nic ole K etc hum for property damage. Suggested D isposition: R eceive and File; C ouncil 4.First Amendment to G rant Agreement with Virtual Velocity, L LC for the R ehabilitation of 1199 C entr al Avenue C ity Manager rec ommending C ity Council adopt the resolution approving a First Amendment to Grant A greement with Virtual Veloc ity, LLC to provide the projec t a $300,000 loan to be amortized over 5 y ears at zero percent interest. R E S O L U T IO N Approving the First A mendment to Grant Agreement between the City of D ubuque I owa, and Virtual Veloc ity, LLC Page 5 Suggested D isposition: R eceive and File; Adopt R esolution(s) 5.Awarding P ublic Impr ovement Construction C ontract for the C haplain Schmitt Island Tr ail Connection P roject C ity Manager rec ommending C ity Council adopt the resolution to award the public improvement c ontrac t for the C haplain Sc hmitt I sland Trail Connec tion Project to Midwest Conc rete, I nc ., of Peosta, I A , in the amount of $696,632.33, subjec t to I owa D OT c oncurrence and approval of award. R E S O L U T IO N Awarding P ublic I mprovement Construction Contract for the Chaplain S chmitt I sland Trail Connec tion Project, I owa D OT Project No. E D P -2100 (704)--7Y-31 Suggested D isposition: R eceive and File; Adopt R esolution(s) 6.McCoy Gr oup, Inc. E asement C ity Manager rec ommending C ity Council approve the D evelopment Agreement between the C ity of D ubuque and Mc Coy Group, I nc . provided for the sale of a parking lot by the City to Mc Coy Group, I nc . along with the requirement that the parties agree to c ertain easements related to the parking lot and the building purchased by Mc Coy Group, I nc . Suggested D isposition: R eceive and File; Approve 7.R equest for W ork Session: S TR E E TS Pr ogram C ity Manager rec ommending C ity Council sc hedule a work session on Monday, November 20, 2023, at 5:30 p.m. to present on the S TRE E TS Project Suggested D isposition: R eceive and File; C ouncil 8.R equest for W ork Session: R ailr oad Q uiet Zone S tudy C ity Manager rec ommending the City C ounc il schedule a work session on Monday, December 4, 2023, at 5:30 p.m. to present information on the Railroad Quiet Zone Study. Suggested D isposition: R eceive and File; C ouncil 9.Mayor C avanagh N amed Pr esident-Elect of Iowa League of C ities B oar d D ubuque Mayor Brad Cavanagh was elec ted to the position at the League’s Annual C onference and Exhibit and will serve as the P resident-E lect of the I owa League of C ities E xecutive Board for the c oming y ear. Suggested D isposition: R eceive and File C O U N C IL MEMB E R R EPO R TS C L O S E D S E S S IO N Pending Litigation and P urc hase or S ale of Real Estate – Chapter 21.5(1)(c ),(j) C ode of I owa AD J O U R N ME N T The agenda with supporting doc uments may be ac cessed at www.city ofdubuque.org or at the City Clerk's Office, 50 W . 13th S treet, during regular business hours. This notice is given pursuant to Chapter 21, C ode of I owa, and applicable loc al regulations of the City of D ubuque, I owa and/or governmental body holding the meeting. W ritten comments regarding the above items may be submitted to the C ity C lerk's Offic e, 50 W . 13th S t., D ubuque, I A 52001, before or at said time of meeting. I ndividuals with limited English profic iency, vision, hearing or speech impairments or requiring spec ial assistanc e should contact the City Clerk's Offic e as soon as feasible at (563) 589-4100, cty clerk@city ofdubuque.org . D eaf or hard-of-hearing individuals can use Relay I owa by dialing 711 or (800) 735-2942.Page 6