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10 02 23 Skeleton Agenda Attendant P sent: Mayor Cavagh; Council embers Fa'l!ber, Jd,Resn ci k, Rou Spi`anl< Wei- al; City Manager Van Milligen, City Attorneymwell. WORK SESSION Smart Parking & Mobility Management Plan Update 1 . 5:15 p.m. Smart Parking & Mobility Management Plan Update Project Manager Steve Sampson Brown is providing information on the progress of the Smart Parking & Mobility Management Plan aspects related to mobility in the downtown area. A PowerPoint presentation will be given by RROG on stakeholder input collected related to the various aspects of the mobility plan, progress completed to date on the mobility plan, and upcoming next steps working toward finalizing the mobility portion of the plan. There being no further business, Mayor Cavanagh declared the meeting adjourned at p.m • r-,J c �a a a-r-5Dr-% - r� JG pi- »ci-d Ae--4;4., ', �e---M 3 oi t 1 VC-J'e- aP ned-'p cm_., -t- ,-4 L.., ,a +I c, �� 4-' Attendance for tonight's meeting is as follows: Mayor Cavanagh; Council Members Farber, Jones, Resnick, Ropll, Spran , Wet l; City Manager Van Mien, City Atto y Brumwell. PRESENTATION(S) 1. Class of 2023 Rising Star Award to Police Lieutenant Rick Fullmer and view a videw BWoard with the Telegraph Herald will present Police Lieutenant Rick Fullmer with the Class of 2023 Rising Star Award A video will also be shown. For access to the video visit: https://youtu.be/TRRthX-GZmM 2. Federal Bureau of Investigation (FBI) National Academy Graduation to Assistant Chief of Police Joseph Messerich Dubuque Police Chief Jeremy Jensen has announced that Assistant Chief Joseph Messerich has graduated as a member of the 287th session of the FBI National Academy. 3. Outstanding Organization Award to Dubuque Trees Forever City Manager sharing the Outstanding Organization Award to Dubuque Trees Forever from Trees Forever. 4. 3CMA Silver Circle Award for "Delivering Dubuque" Video Series to Felica Garner and Mayor Brad Cavanagh City Manager is sharing information on the 3CMA Silver Circle Award received for the video services produced by the City of Dubuque Public Information Office staff. PROCLAMATION(S) 1. Trick-or-Treat Night Proclamation was accepted by Mayor Cavanaugh on behalf of The City of Dubuque CONSENT ITEMS Nays Yays Cavanagh ✓" Roussel! Sprank Wethal Farber Resnick Jones ./ 1 . Minutes and Reports Submitted: City Council Proceedings of 9/18/23; Arts and Cultural Affairs Commission Minutes of 7125/23; Civil Service Commission minutes of 6/29/23, 7/12/23, 8/9/23, 8/28/23; Transit Advisory Board minutes of 9/14/23; Proof of Publication of City Council Proceedings of 8/18/23, 8/21/23, 8/22/23, 8/23/23, 8/24/23. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Jill Boge for vehicle damage; John Eby for vehicle damage; David Weydert for property damage. Upon motion the documents were received, filed, and referred to the City Attorney. 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 Assurance Pool: John Eby for vehicle damage. Upon motion the documents were received, filed, and concurred. 4. Approval of City Expenditures: City Manager recommending City Council approval for payment of City expenditures. Upon motion the documents were received and filed, and Resolution No. Authorizing the Chief Financial Officer/City Treasurer to make certain payments of bills that must be paid and approved for payment in accordance with City procedures was approved. 5. Electric Fuel Excise Tax and Charging Fee Recommendation: City Manager recommending City Council adopt a resolution establishing the fee ($0.17/kWh fee) for use of public electric vehicle (EV) charging stations in public parking facilities, to recover the state excise tax, ChargePoint transaction fees and cloud plan, and electricity. Upon motion the documents were received and filed, and Resolution No. Establishing Rates and Charges for Electric Vehicle Charging was approved. 6. Award Maus Park Lake Pump Station Culvert Repair Project: City Manager recommending City Council adopt the resolution awarding the Public Improvement Construction Contract for the Maus Park Lake Pump Station Culvert Repair Project in the amount of $525,172.00 to Tschiggfrie Excavating. Upon motion the documents were received and filed, and Resolution No. Awarding the Public Improvement Construction Contract for the Maus Park Lake Pump Station Culvert Repair Project was approved. 7. Third Amendment to Community Development Block Grant (CDBG) Subrecipient Agreement- St. John's Almost Home Shelter Rehab: City Manager recommending City Council approve the third amendment to the CDBG-CV Subrecipient Agreement with Almost Home and authorize the Mayor to execute the contract on behalf of the City. Upon motion the documents were received and filed, and Resolution No. Authorizing the Third Amendment to the CDBG-CV Subrecipient Agreement with Almost Home at St. John's was approved. 8. Temporary Agreement Between the City of Dubuque and ITC Midwest, LLC to Operate an Electric Transmission System in the City of Dubuque: Senior Council Barry Lindahl recommending City Council adopt the resolution approving the temporary Agreement authorizing ITC Midwest, LLC to operate an electric transmission system in the City of Dubuque until the franchise agreement takes effect but no later than December 31, 2023. Upon motion the documents were received and filed, and Resolution No. Approving an Agreement between the City of Dubuque and ITC Midwest, LLC to operate an Electric Transmission System in the City of Dubuque was approved. 9. ImOn Ice Arena - Dehumidification, HVAC, Generator Set System Design Recommendation for Selection of Professional Consultant Services: City Manager recommending City Council approval of the selection of Nelson-Rudie & Associates, Inc. as the first-ranked Consultant and requests authorization for the City to initiate contract negotiations for Professional Consultant Services to complete the preliminary and final engineering design for the development of a project for the installation of a new replacement dehumidification system, a new arena HVAC and emergency generator system at the Imon Ice Arena. Upon motion the documents were received, filed, and approved. 10. History of Economic Development's Small Business Assistance Program: City Manager advised that the 2023 Small Business Grant Program nine new participants are beginning in this year's grant and support program. Upon motion the documents were received and filed. 11. Signed Contracts: Compass Minerals America, Inc. for Ice Control Road Salt Project 5400-23-24; Q Casino for Parking License Agreement; Tschiggfrie Excavating for Burlington Street Water Main Improvement Project 2023 Upon motion the documents were received and filed. Nays Yays Cavanagh Roussel) Sprank Wethal Farber Resnick Jones Ili ITEMS SET FOR PUBLIC HEARING Nays Yays Cavanagh ‘/ Rousselll +� Sprank [/ Wethal Farber Resnick t/ Jones 1 . Fifth Amendment to Development Agreement by and between the City of Dubuque, Iowa and Port of Dubuque LLC: City Manager recommending City Council adopt the resolution to set a public hearing on October 16, 2023, on the attached Fifth Amendment to Development Agreement Between the City of Dubuque and Port of Dubuque LLC. Upon motion the documents were received and filed and Resolution No. Fixing the date for a Public Hearing of the City Council of the City of Dubuque, Iowa on the Fifth Amendment to Development Agreement between the City of Dubuque, Iowa, and Port of Dubuque LLC, including the proposed issuance of Urban Renewal Tax Increment Revenue Obligations Relating thereto, and providing for the Publication of Notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on October 16, 2023 in the Historic Federal Building. 2. First Amendment to Grant Agreement with Nia Neighborhoods Opportunity Zone Fund, LLC for the Rehabilitation of 1398 White Street: City Manager recommending City Council set a public hearing on October 16, 2023, for a First Amendment to Grant Agreement with Nia Neighborhoods Opportunity Zone Fund, LLC. Upon motion the documents were received and filed and Resolution No. Fixing the Date for a Public Hearing of the City Council of the City of Dubuque, Iowa on a First Amendment to Grant Agreement by and between the City of Dubuque, Iowa, and Nia Neighborhoods Opportunity Zone Fund, LLC, Including the Proposed Issuance of Urban Renewal Tax Increment Revenue Obligations Relating Thereto, and Providing for the Publication of Notice Thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on October 16, 2023 in the Historic Federal Building. 3. Fiscal Year 2024 First Budget Amendment: City Manager recommending the first Fiscal Year 2024 Budget Amendment be set for public hearing for October 16, 2023. Upon motion the documents were received and filed and Resolution No. Setting the Date for the Public Hearing on Amendment No. 1 to the Fiscal Year 2024 Budget for the City of Dubuque was adopted, setting a public hearing for a meeting to commence at 6:30 p.m. on October 16, 2023 in the Historic Federal Building. PUBLIC HEARINGS Vacating a Portion of an Access and Trail Easement across Lot 1 of Dubuque Industrial Center South Fourth Addition: Proof of Publication on notice of public hearing to consider Vacate a Portion of an Access and Trail Easement across Lot 1 of Dubuque Industrial Center South Fourth Addition and City Manager recommending approval Motion by XXXXXXto receive and file the documents and adopt Resolution No. Disposing of Property by Vacating City Interest in a Portion of an Access and Trail Easement Over and Across Lot 1 of Dubuque Industrial Center South Fourth Addition, in the City of Dubuque, Iowa. Seconded by XXXXXXX. Motion carried 7-0. Nays Yays Cavanagh V Roussel) Sprank 1 ✓ Wethal Farber Resnick V Jones .� PUBLIC INPUT ACTION ITEMS 1. Small Community Air Service Development (SCASD) Program: Congressional representatives have notified Airport Director Todd Dalsing that the Dubuque Regional Airport and its partners will receive a $1.5 million grant through the federal government's Small Community Air Service Development (SCASD) Program.. Motion by XXXX to receive and file the documents. Seconded by XXXXXX. Motion carried 7-0. Nays Yays --1-;=3)aA ���5 Cavanagh ✓ Roussel! ✓ [`na Group r �"�`bc"J' Sprank ✓ Wethal Farber ✓ �s n; L1t Resnick Jones . J.,,rrr..a, c5n'reicA prt>V+ Cw�s A o)1'GCr44-11 beo . Ccilo0b r-cr- - e.4 ;r.Or'S S f d C�,0 �, srG c7ri S 9" e 2. U.S. Department of Commerce Invests $7.7 Million for Flood Protection Infrastructure in Dubuque, Iowa: The City of Dubuque has been awarded a $7.7 million grant from the U.S. Department of Commerce's Economic Development Administration (EDA) to improve flood prevention infrastructure and help protect homes and businesses from future flooding. Motion by XXXX to receive and file the documents. Seconded by XXXXXX. Motion carried 7-0. Suggested Disposition: Receive and File Nays Yays t occ Cavanagh t/ Roussell V Sprank Wethal Farber 3 ✓ Resnick 1 ✓ Jones �/ 3. Appeal of Claim by Clayton and Nicole Ketchum: The City Attorney's Office concurs with the conclusion of Public Entity Risk Services (PERS) that the city is not liable for the damages and recommending denial of an appeal of a claim against the City filed by Clayton and Nicole Ketchum for property damage. Motion by XXXX to receive and file the documents and concurs with the conclusion of Public Entity Risk Services (PERS) . Seconded by XXXXXX Motion carried 7-0. Suggested Disposition: Receive and File; Council Nays Yays Cavanagh 1 Roussel! \ L 1 1 1 d Sprank Wethal Farber Resnick Jones 4. First Amendment to Grant Agreement with Virtual Velocity, LLC for the Rehabilitation of 1199 Central Avenue: City Manager recommending City Council adopt the resolution approving a First Amendment to Grant Agreement with Virtual Velocity, LLC to provide the project a $300,000 loan to be amortized over 5 years at zero percent interest. Motion by XXXX to receive and file the documents and adopt Resolution No. Approving the First Amendment to Grant Agreement between the City of Dubuque Iowa, and Virtual Velocity, LLC. Seconded by XXXXXX. Motion carried 7-0. Suggested Disposition: Receive and File; Adopt Resolution(s) Nays Yays Cavanagh Roussel) �' - • �� — S -t \ ', "NA 41-�.� Sprank c/' Wethal . ✓ Farber Br4,14 S', �a�c�� Resnick ✓ L��S �� - �uu^S�.-vcy r Jones 5. Awarding Public Improvement Construction Contract for the Chaplain Schmitt Island Trail Connection Project: City Manager recommending City Council adopt the resolution to award the public improvement contract for the Chaplain Schmitt Island Trail Connection Project to Midwest Concrete, Inc., of Peosta, IA, in the amount of$696,632.33, subject to Iowa DOT concurrence and approval of award. Motion by XXXX to receive and file the documents and adopt Resolution No. Awarding Public Improvement Construction Contract for the Chaplain Schmitt Island Trail Connection Project, Iowa DOT Project No. EDP-2100 (704)--7Y-31 . Seconded by XXXXXX. Motion carried 7-0. Suggested Disposition: Receive and File; Adopt Resolution(s) Nays Yays Cavanagh Roussel! Sprank I ✓ R S N.CJ Wethal Farber ✓ Resnick Jones 6. McCoy Group, Inc. Easement: City Manager recommending City Council approve the Development Agreement between the City of Dubuque and McCoy Group, Inc. provided for the sale of a parking lot by the City to McCoy Group, Inc. along with the requirement that the parties agree to certain easements related to the parking lot and the building purchased by McCoy Group, Inc. Motion by XXXX to receive and file the documents and approve. Seconded by XXXXXX. Motion carried 7-0. Suggested Disposition: Receive and File; Approve Nays Yays pp Cavanagh ✓ �.4� Roussel! v � � Sprank Wethal Farber Resnick Jones ,/ 7. Request for Work Session: STREETS Program: City Manager recommending City Council schedule a work session on Monday, November 20, 2023, at 5:30 p.m. to present on the STREETS Project. Motion by XXXX to receive and file the documents and schedule the work session as recommended. Seconded by XXXX. No schedule conflicts were expressed. Motion carried 7-0. Nays Yays Cavanagh ✓ Roussel) P t� Sprank u✓ Wethal ✓ Farber _ Resnick v Jones 8. Request for Work Session: Railroad Quiet Zone Study: City Manager recommending the City Council schedule a work session on Monday, December 4, 2023, at 5:30 p.m. to present information on the Railroad Quiet Zone Study. Motion by XXXX to receive and file the documents and schedule the work session as recommended. Seconded by XXXX. No schedule conflicts were expressed.. Motion carried 7- 0. Nays Yays Cavanagh Roussel) Sprank Wethal �. ✓ Farber Resnick Jones 9. Mayor Cavanagh Named President-Elect of Iowa League of Cities Board: Dubuque Mayor Brad Cavanagh was elected to the position at the League's Annual Conference and Exhibit and will serve as the President-Elect of the Iowa League of Cities Executive Board for the coming year. Motion by XXXX to receive and file the documents. Seconded by XXXXX. Motion carried 7-0. Nays Yays ►�ey �� ‘3- Cavanagh ✓ Roussel) Sprank ►1 Wethal ,� ✓ Farber Resnick 1 Jones —� COUNCIL MEMBER REPORTS Jones 6)Roussell Mrr.k i-r-N:Oc G)" VGA �1 a^ Up 1r �1 ea 1 ma�S -�� Resnick g �: cr n`, � 2)4'Ic 1 a- c a r.,.r-►`, Farber Cavanagh a•N d fir, CV Wethal ;S SGc � ti Sprank Oci S trAck L-o t-%14 WiNa+-4=1c1-QA S. - v c� CLOSED SESSION Pending Litigation and Purchase or Sale of Real Estate — Chapter 21 .5(1)(c),(j) Code of Iowa Motion for closed session @ "7'•S3 p.m. Nays Yays Cavanagh Roussel) Q ✓ Sprank Wethal 1./ Farber Resnick ✓ Jones Mayor Cavanagh stated for the record that the attorney who will consult with City Council on the issues to be discussed in the closed session is Crenna Brumwell Reconvene in open session @ L-I9 p.m. ADJOURNMENT ADJOURNMENT @ '251 sr, p.m.