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10 2 23 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 5:15 p.m. on October 2, 2023, in the sec- ond-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 Power- Point 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 REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on October 2, 2023, in the sec- ond-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 Carner said a few words of appreciation. PROCLAMATION(S) 1. Trick-or-Treat Night Proclamation was accepted by Mayor Cavanaugh on behalf of The City Clerk’s 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 Af- fairs 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 re- ferred 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 pay- ments of bills that must be paid and approved for payment in accordance with City procedures was approved. 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 ACCORD- ANCE 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 ser- vices have been pre-audited by Finance Department personnel in accordance with generally ac- cepted internal control procedures and have been determined to have been requ isitioned for a lawful municipal purpose; and Whereas, the Chief Financial Officer-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 ser- vices 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 Chief Financial Officer-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 DUBU- QUE, IOWA THAT: Section 1. The Chief Financial Officer-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 a s requested by designated requisitioning authorities in accordance with approved budget appropriations. Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Chief Financial Officer are hereby authorized and directed to provide the statement of receipts and disbursements to the City Council, and to publish a summary thereof. Passed, approved, and adopted this 2nd day of October, 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 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 pl an, 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. RESOLUTION NO. 323-23 ESTABLISHING RATES AND CHARGES FOR ELECTRIC VEHICLE CHARGING Whereas, Section 9-14-321.631 of the City of Dubuque Code of Ordinances authorizes the City Manager to arrange for the installation of appropriate devices to regulate vehicles in municipal parking ramps for the collection of fees; and Whereas, Section 9-14-321.651 of the City of Dubuque Code of Ordinances authorizes the City Manager to establish fees and charges for the rental of city lots or portions of lots; and Whereas, the State enacted legislation creating a new excise tax on electric fuel, which requires owners of electric charging stations to report and pay to the Iowa Department of Revenue $0.026 per kilowatt hour of electric fuel dispensed starting July 1, 2023; and Whereas, the City offers electric vehicle charging to the public in parking facilities; and Whereas, the electric vehicle charging is currently provided to the public at no cost and the City pays the excise tax, the cost of the electricity, and the cost of the platform to facilitate the charging session; and Whereas, the City will be subject to the new excise tax on electric fuel; and Whereas, the City has determined that there should be a fee for electric vehicle charging in an amount sufficient to reimburse the City for the excise tax, the cost of the electricity, the cost of the platform to facilitate the charging session, and the ad ministrative costs for managing this portion of the parking system; and Whereas, the City has determined that a fee of $0.17 per kilowatt hour should be assessed and periodically reviewed by the City Manager and adjusted accordingly; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The fee of $0.17 per kilowatt hour is hereby adopted and approved. Section 2. The City Manager is authorized to periodically review the fee and update the fee(s) if review demonstrates the existing rate is not covering City costs. Passed, approved, and adopted this 2nd day of October, 2023. Brad Cavanagh, Mayor Attest: Trish Gleason, Assistant City Clerk 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. RESOLUTION NO. 324-23 AWARDING THE PUBLIC IMPROVEMENT CONSTRUCTION CONTRACT FOR THE MAUS PARK LAKE PUMP STATION CULVERT REPAIR PROJECT Whereas, sealed proposals have been submitted by contractors for the Maus Park Lake Pump Station Culvert Repair Project (the Project) pursuant to Resolution No. 291-23 and Notice to Bid- ders published on the City of Dubuque, Iowa website and plan room service with statewide circu- lation on the 6th day of September 2023; and Whereas, said sealed proposals were opened and read on the 26th day of September 2023 and it has been determined that Tschiggfrie Excavating, Co. of Dubuque Iowa, with a low bid in the amount of $525,172.00 is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That a Public Improvement Contract for the Project is hereby awarded to Tschiggfrie Excavating Co. and the City Manager is hereby directed to execute a Public Improvement Con- tract on behalf of the City of Dubuque for the Project. Passed, approved, and adopted this 2nd day of October 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 7. Third Amendment to Community Development Block Grant (CDBG) Subrecipient Agree- ment- 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. John’s was approved. RESOLUTION NO. 325-23 AUTHORIZING THE THIRD AMENDMENT TO THE CDBG-CV SUBRECIPIENT AGREEMENT WITH ALMOST HOME AT ST. JOHN’S Whereas, the City of Dubuque and Almost Home at St. John’s entered into a CDBG-CV Sub- recipient Agreement dated October 17, 2022 with respect to rehab the shelter to respond to the COVID-19 pandemic; and Whereas, the City Council approved the Iowa Economic Development Authority CDBG -CV agreement with the City of Dubuque on December 21, 2020; and Whereas, the parties desire to modify the Subrecipient Agreement as set out in the Second Amendment to the Subrecipient Agreement attached hereto; and Whereas, Almost Home at St. John’s will provide services to a majority low to moderate -income individuals and serve a group primarily presumed to be LMI such as homeless persons. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the Third Amendment to the Subrecipient Agreement with Almost Home at St. John’s be approved. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to execute said Agreement and related documents on behalf of the City of Dubuque, Iowa. Passed, approved, and adopted this 2nd day of October 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 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. 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 Whereas, the City of Dubuque, Iowa (City) and ITC Midwest, LLC (ITC Midwest) have tenta- tively entered into an Agreement for the operation of an electric transmission system in the City of Dubuque until such time as City and ITC Midwest finalize a franchise agreement to operate the system; and Whereas, the City Council finds that it is in the best interests of the City of Dubuque to approve the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The attached Agreement is hereby approved. Section 2. The City Manager is authorized and directed to sign the Agreement on behalf of the City of Dubuque. Passed, approved, and adopted this 2nd day of October, 2023. Brad M. Cavanagh, Mayor Attest: Trish Gleason, Assistant City Clerk 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 Development’s 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 filed. 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, in- cluding the proposed issuance of Urban Renewal Tax Increment Revenue Obligations relating thereto, and providing for the publication of notice t hereof 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. 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 BE- TWEEN 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 Whereas, the City of Dubuque, Iowa (City) and Merge, LLC entered into a Development Agree- ment dated the 18th day of November, 2019, as amended, which provided among other things for the issuance of urban renewal tax increment revenue grant obligations (the Grants); and Whereas, Merge, LLC assigned the Development Agreement to Port of Dubuque, LLC on the 13th day of February, 2020, with the consent of City; and Whereas, the parties have previously amended the Development Agreement; and Whereas, City and Port of Dubuque, LLC now desire to further amend the Development Agree- ment as set forth in the attached Fifth Amendment, subject to the approval of the City Council; and Whereas, the City Council has tentatively determined that it would be in the best interests of City to approve the Fifth Amendment to Development Agreement; and Whereas, before said Fifth Amendment may be approved, Chapter 403 of the Code of Iowa requires that the City Clerk publish a notice of the proposal and of the time and place of the meeting at which the City Council proposes to take action thereon and at wh ich meeting the City Council shall receive oral and/or written objections from any resident or property owner of said City to such proposed action. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The City Clerk is hereby authorized and directed to cause this Resolution and a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City’s intent to approve the Fifth Amendment, to be held on the 16th day of October, 2023 in the form attached hereto. Section 2. The City Council will meet at said time and place for the purpose of taking action on the matter of approval of the Fifth Amendment to Development Agreement, providing for the is- suance of urban renewal tax increment revenue obligations in the estimated amo unt of $6,750,529. Section 3. The City Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publicatio n to be not less than four days nor more than twenty days before the date of said meeting on the disposal of the City’s interest in the Property and the issuance of said obligations. Section 4. That the notice of the proposed action shall be in substantially the form attached hereto. Passed, approved, and adopted this 2nd day of October, 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 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 Oppor- tunity Zone Fund, LLC, Including the proposed issuance of Urban Renewal Tax Increment Reve- nue 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. 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, AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, City and Nia Neighborhoods Opportunity Zone Fund, LLC entered into a Grant Agreement, dated the 7th day of August 2023, providing for a Façade Grant, a Planning & Design Grant, a Financial Consultant Grant, and a Housing Creation Grant; and Whereas, the City Council has tentatively determined that it would be in the best interests of the City to approve the First Amendment to Grant Agreement with Nia Neighborhoods Opportunity Zone Fund, LLC; and Whereas, it is deemed necessary and advisable that City should authorize Urban Renewal Tax Increment Revenue obligations, as provided by Iowa Code Chapter 403, pursuant to the First Amendment to Grant Agreement; and Whereas, before said obligations may be approved, Iowa Code Chapter 403 requires that the City Clerk publish a notice of the proposal and of the time and place of the meeting at which the City Council proposes to take action thereon and at which meeting the City Council shall receive oral and/or written objections from any resident or property owner of said City to such proposed action. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The City Clerk is hereby authorized and directed to cause a notice to be published as prescribed by Iowa Code Section 403.9 of a public hearing on the City's intent to authorize Urban Renewal Tax Increment Revenue obligations, to be held on the 16th day of October, 2023, at 6:30 o'clock p.m. The official agenda will be posted on Friday, October 13, 2023 and will contain listening, viewing, and public input options. The City Council agenda may be accessed at https://cityofdubuque.novusagenda.com/AgendaPublic/ or by contacting the City Clerk’s Office at 563-589-4100, ctyclerk@cityofdubuque.org. Section 2. The City Council will meet at said time and place for the purpose of taking action on the matter of authorizing Urban Renewal Tax Increment Revenue obligations and the execution of the First Amendment to Grant Agreement relating thereto with Nia Neighborhoods Opportunity Zone Fund, LLC , the proceeds of which obligations will be used to carry out certain of the special financing activities described in the Urban Renewal Plan for the Greater Downtown Urban Re- newal District, consisting of the funding of economic developments grants to Nia Neighborhoods Opportunity Zone Fund, LLC pursuant to the Grant Agreement. It is expected that the aggregate amount of the Tax Increment Revenue obligations to be issued will be approximately $30,226. Section 3. The Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a 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 days nor more than twenty days before the date of said meeting on the issuance of said obligations. Section 4. That the notice of the proposed action to issue said obligations shall be in substan- tially the form attached hereto. Passed, approved, and adopted this 2nd day of October, 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 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 Octo- ber 16, 2023 in the Historic Federal Building. 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 Whereas, Iowa Code Section 384.16 provides that the City Council shall set a time and place for a public hearing on amendments to the budget and publish notice before the hearing as pro- vided in Iowa Code Section 362.3. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the City Council shall conduct a public hearing on proposed Amendment No. 1 to the Fiscal Year 2024 budget for the City of Dubuque at the City Council Chambers at the His- toric Federal Building, 350 West 6th Street, Dubuque, Iowa, on Monday, October 16 , 2023, be- ginning at 6:30 p.m. Section 2. That the City Clerk be and is hereby authorized and directed to publish notice of the public hearing, according to law, together with the required budget information. Passed, approved, and adopted this 2nd day of October 2023. Brad M. Cavanagh, Mayor Attest: Trish Gleason, Assistant City Clerk PUBLIC HEARINGS 1. Motion by Sprank to receive and file the documents and adopt Resolution No. 330-23 Dis- posing 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. 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 Whereas, the City Council, by Resolution No. 331-23, dated the 18th day of September 2023, declared its intent to dispose of City interest in an access and trail easement on real property, legally described as: Part of Lot 1 of Dubuque Industrial Center South Fourth Addition, in the City of Dubuque, Iowa, according to the recorded plat thereof (the Property); and Whereas, per the Final Plat of Dubuque Industrial Center South First Addition in the City of Dubuque, Iowa, Instrument Number 2014-1397, a 40-foot-wide access, and trail easement was reserved thru Lot 2 of said Final Plat of Dubuque Industrial Center South First Addition; and Whereas, per an agreement between the City of Dubuque and Seippel Warehouse LLC, the parties wished to set forth terms for the relocation of said access and trail easement across Lot 2 of said Final Plat of Dubuque Industrial Center South First Addition in order to accommodate the construction of a 250,000 square foot warehouse building; and Whereas, Lot 2 of said Final Plat of Dubuque Industrial Center South First Addition has been consolidated with other properties and is now part of Lot 1 of the Plat of Survey of Lot 1 and Lot A of Dubuque Industrial Center South Fourth Addition, in the City of Dubuque Iowa, per Instrument Number 2023-00008290; and Whereas, said Plat of Survey of Lot 1 and Lot A of Dubuque Industrial Center South Fourth Addition dedicates a new and relocated 40-foot-wide access and trail easement on the west said of said warehouse building and by Resolution 267 -23 the City has accepted said dedication of access and trail easement from Seipel Warehouse LLC; and Whereas, per said agreement the City is responsible for vacating a portion of the original 40 - foot-wide access and trail easement area, reserved on said Final Plat Dubuque Industrial Center South First Addition, through Lot 1 of Dubuque Industrial Center South Fourth Addition, in the City of Dubuque, Iowa, as shown on the attached Exhibit A; and Whereas, pursuant to published notice, a public hearing was held on the proposed disposition on the 2nd day of October, 2023 at 6:30 p.m. in the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa; and Whereas, it is the determination of the City Council that City interest in a portion of the original access and trail easement, as reserved on said Final Plat Dubuque Industrial Center South First Addition, through Lot 1 of Dubuque Industrial Center South Fourth Addition, in the City of Dubu- que, Iowa, as shown on the attached Exhibit A, should be vacated, and doing so is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA; Section 1. The City hereby vacates all interest in a portion of the original access and trail ease- ment, as reserved on said Final Plat Dubuque Industrial Center South First Addition, through Lot 1 of Dubuque Industrial Center South Fourth Addition, in the City of Dubuque, Iowa, as shown on the attached Exhibit A. Section 2. The City Clerk is hereby authorized to and directed to record this resolution with the Dubuque County Recorder. Passed, approved, and adopted this 2nd day of October 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 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 government’s 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 advo- cacy 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 Commerce’s 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 lack 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 Ap- proving 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 question s from the City Council. Motion carried 7-0. RESOLUTION NO. 331-23 APPROVING THE FIRST AMENDMENT TO GRANT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND VIRTUAL VELOCITY, LLC Whereas, the City of Dubuque (City) and Virtual Velocity, LLC (Grant Recipient) entered into a Grant Agreement dated the 3rd day of October 2022, providing for a Façade Grant, a Planning & Design Grant, a Financial Consultant Grant, and a Housing Creation Grant; and Whereas, City and Grant Recipient desire to amend the Grant Agreement as set forth in the attached First Amendment to Grant Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the First Amendment to Grant Agreement between the City of Dubuque, Iowa and Virtual Velocity, LLC, a copy of which is attached hereto, is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the First Amendment to Grant 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 First Amendment to Grant Agreement as herein approved. Passed, approved, and adopted this 2nd day of October, 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 5. Motion by Sprank to receive and file the documents and adopt Resolution No. 332-23 Award- ing 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. Se- conded by Wethal. Motion carried 7-0. 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 Whereas, said sealed proposals were opened and read by the Iowa Department of Transpor- tation on the 19th day of September 2023 and it has been determined that Midwest Concrete, Inc. of Peosta, IA with a bid in the amount of $696,632.33 is the lowest responsive, responsible bid der for the project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That a Public Improvement Construction Contract for the Chaplain Schmitt Island Trail Connection Project, Iowa DOT Project No. EDP-2100 (704)--7Y-31, is hereby awarded to Midwest Concrete, Inc. subject to Iowa Department of Transportation concur rence and approval of award, and the City Manager is hereby directed to execute a Public Improvement Construction Contract on behalf of the City of Dubuque for the Project. Passed, adopted, and approved this 2nd day of October 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 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. Se- conded 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 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 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 en- couraged all to attend. Council Member Sprank reported on attending a Steeple Square Community Event . Addition- ally, 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),(j) Code of Iowa. Seconded by Resnick. Mayor Cavanagh stated for the record that the attorney who will consult with the 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