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Proof_City Council Proceedings 10.02.23Copyrighted November 20, 2023 City of Dubuque Consent Items # 01. City Council Meeting ITEM TITLE: Minutes and Reports Submitted SUMMARY: City Council Proceedings of November 6, 2023; Civil Service Commission of November 8, 2023; Library Board of Trustees Update of October 26, 2023; Zoning Advisory Commission of November 1, 2023; Zoning Board of Adjustment of November 2, 2023; Proof of Publication for City Council Proceedings of October 2 and October 16, 2023. SUGGESTED Suggested Disposition: Receive and File DISPOSITION: ATTACHMENTS: Description Type City Council Proceedings of November 6, 2023 Supporting Documentation Civil Service Commission of November 8, 2023 Supporting Documentation Library Board of Trustees Update of October 26, 2023 Supporting Documentation Zoning Advisory Commission Minutes of 11/1/23 Supporting Documentation Zoning Board of Adjustment of November 2, 2023 Supporting Documentation Proof of Publication for City Council Proceedings Supporting Documentation 10/2/23 Proof of Publication for City Council Proceedings Supporting Documentation 10/ 16/23 STATE OF IOWA SS: DUBUQUE COUNTY CERTIFICATE OF PUBLICATION I, Kathy Goetzinger, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation., publisher of the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: 10/13/2023 and for which the charge is 243.43 Subsc ibed to before me, a Notary Public in and for Dubuque County, Iowa, this 13th day of October, 2023 Notary Publ n and for Dubuque Cou ty, Iowa. JANET K. PAePE Commission NUMb2r 199669 My Commission Expires 12/1112025 Fs Ad text : CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION The Dubuque City Council met in special session at 5:15 p.m. on October 2, 2023, in the second -floor Council Chambers of the Historic Federal Building, 350 W. 6th Street. Present: Mayor Cavanagh; Council Members Farber, Jones (Via phone), Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen, City Attorney Brumwell. Mayor Cavanagh read the call and stated this is a special session of the City Council called for the purpose of conducting a work session on the 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 was presented by Ryan Peterson Landscape Architect with RDG Planning and Design 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. Marty Shukert Urban Planner for RDG Planning and Design presented on bike paths and biking mobility. There being no further business, Mayor Cavanagh declared the meeting adjourned at 6:26 p.m. CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION The Dubuque City Council met in regular session at 6:30 p.m. on October 2, 2023, in the second -floor Council Chambers of the Historic Federal Building, 350 W. 6th Street. Present: Mayor Cavanagh; Council Members Farber, Jones (Via phone), Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen, City Attorney Brumwell. Mayor Cavanagh 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. Assistant City Clerk Trish Gleason noted that Action item No. 3 Appeal of Claim for Clayton and Nicole Ketchum was being pulled from the agenda due to lack of notification of item being placed on the agenda. PRESENTATION(S) Allie Hinga Managing Editor of THMedia presented Police Lieutenant Rick Fullmer with the Class of 2023 Rising Star Award. A video was also shown. For access to the video visit: https://youtu.be/TRRthX-GZmM. Police Lieutenant Rick Fullmer said a few words of appreciation. 2. Dubuque Police Chief Jeremy Jensen announced that Assistant Chief Joseph Messerich has graduated as a member of the 287th session of the Federal Bureau of Investigation (FBI) National Academy. Assistant Chief of Police Joseph Messerich said a few words of appreciation. 3. Stephan Fehsal Parks Division Manager presented the Outstanding Organization Award to Dubuque Trees Forever. President Tom Kramer said a few words of appreciation. 4. Public Information Officer Randy Gehl on behalf of the 3CMA Committee, presented Felica Carner and Mayor Brad Cavanagh, the 3CMA Silver Circle Award for "Delivering Dubuque" Video Series. Felica Cartier said a few words of appreciation. PROCLAMATION(S) L Trick -or -Treat Night Proclamation was accepted by Mayor Cavanaugh on behalf of The City Clerks Office CONSENT ITEMS Motion by Resnick to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Farber. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council Proceedings of 9/18/23; Arts and Cultural Affairs Commission Minutes of 7/25/23; 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: Upon motion the documents were received and filed, and Resolution No. 322-23 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 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. 323-23 Establishing rates and charges for electric vehicle charging was approved. 6. Awarding 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. 324-23 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: Upon motion the documents were received and filed, and Resolution No. 325-23 Authorizing the third amendment to the CDBG-CV Subrecipient Agreement with Almost Home at St. Johns 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 until the franchise agreement takes effect but no later than December 31, 2023. Upon motion the documents were received and filed, and Resolution No. 326-23 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. Recommendation of Nelson-Rudie & Associates, Inc. for selection of professional consultant services 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 Developments Small Business Assistance 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 fried. ITEMS SET FOR PUBLIC HEARING Motion by Roussell to receive and file the documents, adopt the resolutions, and set the public hearings as indicated. Seconded by Sprank. Motion carried 7-0. 1. Upon motion the documents were received and filed and Resolution No. 327-23 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. Upon motion the documents were received and filed and Resolution No. 328-23 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, for the rehabilitation of 1398 White Street 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. Upon motion the documents were received and filed and Resolution No. 329-23 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 1. Motion by Sprank to receive and file the documents and adopt Resolution No. 330-23 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 Wethal. Motion carried 7-0. ACTION ITEMS 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 governments Small Community Air Service Development (SCASD) Program. Motion by Roussell to receive and file the documents. Seconded by Farber. Airport Director Dalsing and Dubuque Area Chamber of Commerce President and CEO Molly Grover provided details regarding the grant and answered questions from the City Council. Mayor Cavanagh laid out the five initiatives being used to help bring back flight services to Dubuque; 1. Direct contact with providers 2. Federal and State advocacy 3. Fly Dubuque Experience 4. Collaboration with other airports 5. Local collaborations and partnerships. Motion carried 7-0. 2. The City of Dubuque has been awarded a $7.7 million grant from the U.S. Department of Commerces Economic Development Administration (EDA) to improve flood prevention infrastructure and help protect homes and businesses from future flooding. Motion by Resnick to receive and file the documents. Seconded by Farber. Motion carried 7-0. 3. Item pulled from the agenda due to Iack of notification of item being placed on the agenda. 4. Motion by Resnick to receive and file the documents and adopt Resolution No. 331-23 Approving the First Amendment to Grant Agreement between the City of Dubuque Iowa, and Virtual Velocity, LLC., for the Rehabilitation of 1199 Central Avenue to provide the project a $300,000 loan to be amortized over 5 years at zero percent interest. Seconded by Wethal. Lloyd Singletary, Owner of property at 1199 Central Ave. was present to answer questions from the City Council. Motion carried 7-0. 5. Motion by Sprank to receive and file the documents and adopt Resolution No. 332-23 Awarding Public Improvement Construction Contract for the Chaplain Schmitt Island Trail Connection Project, Iowa DOT Project No. EDP-2100 (704)--7Y-31, to Midwest Concrete, Inc., of Peosta, IA, in the amount of $696,632.33, subject to Iowa DOT concurrence and approval of award. Seconded by Wethal. Motion carried 7-0. 6. McCoy Group, Inc. Easement Agreement, providing 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. Amended Motion by Farber to receive and file the documents and approve. Seconded by Wethal. Motion carried 7-0. 7. Request for Work Session: STREETS Program: Motion by Roussell to receive and file the documents and schedule the work session for Monday, November 20, 2023, at 5:30 p.m. Seconded by Sprank. No schedule conflicts were expressed. Motion carried 7-0. 8. Request for Work Session: Railroad Quiet Zone Study: Motion by Roussell to receive and file the documents and schedule the work session for Monday, December 4, 2023, at 5:30 p.m. Seconded by Wethal. No schedule conflicts were expressed. Motion carried 7-0. 9. Mayor Cavanagh Named President -Elect of Iowa League of Cities Board. Dubuque Mayor Brad Cavanagh was elected to the position at the Leagues 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 Resnick to receive and file the documents and convey congratulations. Seconded by Wethal. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Roussell reported that she had traveled to Mexico City to participate in the Cities Forward Initiative. Additionally, she invited anyone able to sign up to help plant trees in Dubuque. Council Member Resnick reported attending the Annual Boards and Commission Picnic. He thanked commissioners for their dedicated service and encouraged others to consider becoming a commissioner. Council Member Wethal reminded everyone of the upcoming Kids Expo on Saturday and encouraged all to attend. Council Member Sprank reported on attending a Steeple Square Community Event. Additionally, he attended a Housing Form event where the need for low-income housing was discussed. Mayor Cavanagh reported attending a Latin X Fiesta where wonderful food and fun was had by all. CLOSED SESSION Motion by Roussell to convene in closed session at 7:53 p.m. to discuss Pending Litigation and Purchase or Sale of Real Estate Chapter 21.5(1)(c),O) Code of Iowa. Seconded by Resnick. 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 City Attorney Brumwell. Motion carried 7-0. There being no further business, Mayor Cavanagh declared the meeting adjourned at 8:50 p.m. /s/Trish Gleason, Assistant City Clerk 1t 10/13