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5 5 25 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 6:00 p.m. on May 5, 2025, in the second-floor Council Chambers of the Historic Federal Building, 350 W. 6th Street. Present: Mayor Cavanagh; Council Members Farber, Jones, Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen (attended virtually but experienced technical difficulties during roll call), 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 Iowa Jobs for America’s Gradu- ates (iJAG) City Life Student Presentation. WORK SESSION Iowa Jobs for America’s Graduates (iJAG) City Life Student Presentation to City Coun- cil Community Engagement Coordinator Temwa Phiri introduced iJAG Program Manager Casey Smith and iJAG Education Specialist Janie Hassong, who presented on this se- mester’s City Life session for students. Students Shayla Murphy, Tanner Mueller, and Jay Bermudez then presented on their experiences in the program. In response to questions, Smith explained that the program can accommodate 60 students in grades 9 –10 and another 60 in grades 11–12. She stated that all funding comes from the state, participating school districts, and employer partners. Murphy noted that iJAG fosters a welcoming en- vironment, which encourages students to enroll in the program in subsequent years. City Council Members commended the program and encouraged the students to continue sharing input with them. There being no further business, Mayor Cavanagh declared the meeting adjourned at 6:28 p.m. /s/Adrienne N. Breitfelder, CMC, City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on May 5, 2025, in the second-floor Council Chambers of the Historic Federal Building, 350 W. 6th Street. Present: Mayor Cavanagh; Council Members Farber, Jones, Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen (attended virtually), 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. PLEDGE OF ALLEGIANCE SWEARING IN Mayor Cavanagh swore in Mayor Pro Tem Sprank. PRESENTATIONS 1. LaMetra Murdock Receives Women's Leadership Network Women of Achievement Award: Assistant City Manager Cori Burbach recognized Multicultural Family Center Di- rector LaMetra Murdock for receiving the Up and Coming Leader Award from the Wom- en's Leadership Network (WLN). PROCLAMATIONS 1. Building Safety Month (May 2025) was accepted by Building Code Advisory and Appeals Board Commissioner Corey Valaskey o n behalf of the Building Code Advisory and Appeals Board and Inspection and Construction Services. 2. Mental Health Month (May 2025) was accepted by Brenna Burgart and Vicki Gassman on behalf of Mental Health America of Dubuque County. 3. Preservation Month (May 2025) was accepted by Historic Preservation Commission Chairperson Janice Esser and Assistant Planner Chris Happ-Olson on behalf of the Plan- ning Services Department and the Historic Preservation Commission. 4. Neighborhood Associations Recognition was accepted by Thomas Lynn of the Tom- ahawk Neighborhood Association, Matthew Phelps of the Cleveland Park Neighborhood Association, and Chris Harrison of the Fenelon Hill Neighborhood Association on behalf of the Office of Shared Prosperity and Neighborhood Support and Dubuque's Neighbor- hood Associations. 5. Public Service Recognition Week (May 4-10, 2025) was accepted by Airport Admin- istrative Support Professional Jenny Messerich on behalf of the City of Dubuque. 6. National Nurses Week (May 6-12, 2025) was accepted by Robert Wethal on behalf of MercyOne Dubuque. 7. Kids to Parks Day (May 17, 2025) was accepted by Jared McGovern on behalf of the Parks and Recreation Department and Dubuque Nature Everywhere. 8. Public Works Week (May 18-24, 2025) was accepted by Public Works Director Ari- elle Swift on behalf of the Public Works Department. CONSENT ITEMS Motion by Resnick to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Farber. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council Proceedings of April 21, 22, 24, and 28, 2025; Historic Preservation Commission of February 20, 2025; Parks and Recreation Advisory Commission of March 11, 2025; Transit Advisory Board of March 20, 2024; Zon- ing Board of Adjustment from February 27, 2025; Proof of Publication for City Council Proceedings of March 31 and April 2, 3, and 7, 2025. Upon motion the documents were received and filed. 2. Disposition of Claims: City Attorney advised that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As- surance Pool: Nathan and Shauna Peterson for vehicle damage; Susan Schueller for vehicle damage. Upon motion the documents were received, filed, and concurred. 3. Approval of City Expenditures: Upon motion the documents were received and filed, and Resolution No. 148-25 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 adopted. RESOLUTION NO. 148-25 AUTHORIZING THE CHIEF FINANCIAL OFFICER / CITY TREASURER TO MAKE CERTAIN PAYMENTS OF BILLS THAT MUST BE PAID AND APPROVED FOR PAY- MENT IN ACCORDANCE 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 services have been pre-audited by Finance Department personnel in accordance with generally accepted internal control procedures and have been determined to have been requisitioned for a lawful municipal purpose; and Whereas, the Chief Financial Officer-City Treasurer has provided a list of Expenditures attached hereto, and by this reference made a part hereof, to be drawn to pay for goods and services 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 Cit y Council approval and such list is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, 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 as 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 5th day of May 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 4. Language Access Plan: City Manager recommended City Council approval of the language access plan in the amount of $3,600 for fiscal year 2026 to ensure all residents, regardless of their language proficiency or ability, can access vital city services and infor- mation. Upon motion the documents were received, filed, and approved. 5. Assignment of Stormwater Facilities Fee Agreement for the Northwest Arterial De- tention Basin for Lot 2 of Holliday Fourth Addition to Dubuque Hotel LLC : Upon motion the documents were received and filed, and Resolution No. 149 -25 Consenting to the Assignment of the Stormwater Facilities Fee Agreement between the City of Dubuque and QHQ Properties for the Northwest Arterial Detention Basin to Dubuque Hotel LLC was adopted. RESOLUTION NO. 149-25 CONSENTING TO THE ASSIGNMENT OF THE STORMWATER FACILITIES FEE AGREEMENT BETWEEN THE CITY OF DUBUQUE AND QHQ PROPERTIES FOR THE NORTHWEST ARTERIAL DETENTION BASIN TO DUBUQUE HOTEL LLC Whereas, in 2004, the City Council approved the Stormwater Facilities Fee Agreement (the Fee Agreement) with QHQ LLC (QHQ) for property in the Holiday Fourth Addition for the Northwest Arterial Detention Basin pursuant to which the City receives an annual maintenance fee for the Northwest Arterial Detention Basin; and Whereas, the Agreement allows QHQ to assign its interest in the Fee Agreement with the City's consent with the sale of each parcel in Holiday Fourth Addition subject to the Fee Agreement; and Whereas, the Fee Agreement was previously assigned to the purchaser of Lot 2 of Holiday Fourth Addition, AHIP IA Dubuque Properties LLC; and Whereas, AHIP IA Dubuque Properties LLC is now selling Lot 2 of Holiday Fourth Ad- dition to Dubuque Hotel LLC and has requested City consent to the Assignment of the Fee Agreement, attached hereto, to Dubuque Hotel LLC; and Whereas, the City Council finds that it is in the best interests of the City of Dubuque to consent to the Assignment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The Assignment of the Fee Agreement attached hereto is hereby approved. Section 2. The City Manager is authorized and directed to take such action as is nec- essary to carry out the terms of the Assignment. Passed, approved, and adopted this 5th of May 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 6. Crescent Community Health Center Letter of Support for Health Resources and Ser- vices Administration (HRSA) Health Center Program Funding: City Manager provided a letter of support from Mayor Brad Cavanagh to the Department of Health and Human Services in support of Crescent Community Health Center’s Fiscal Year 2026 Service Area Competition application for continued HRSA Health Center Program Funding. Upon motion the documents were received, filed, and approved. 7. City Letter of Support for William M Black Dredgeboat: City Manager recommended City Council approval of a letter of support for the Dubuque County Historical Society’s application to the State Historical Society of Iowa’s Historical Resource Development Pro- gram (HRDP) grant program. Upon motion the documents were received, filed, and ap- proved. 8. Housing Commissioner Removal Recommendation : Housing Commission recom- mended City Council remove David Wall from the commission and declare the term va- cant due to a lack of response in executing the oath of office and in replying to other city staff communications. Upon motion the documents were received, filed, and approved. 9. Community Development Block Grant (CDBG) Subrecipient Agreement - ZTM So- ber Living: Upon motion the documents were received and filed, and Resolution No. 150- 25 Authorizing Execution of CDBG Subrecipient Agreement with ZTM Sober Living was adopted. RESOLUTION NO. 150-25 AUTHORIZING EXECUTION OF CDBG SUBRECIPIENT AGREEMENT WITH ZTM SO- BER LIVING Whereas, ZTM Sober Living prepared a request for Community Development Block Grant (CDBG) funds due to program expansion; and Whereas, the request for CDBG funds was approved by the Community Development Advisory Commission on March 26, 2025; and Whereas, the City Council approved the CDBG Fiscal Year 2025/Program Year 2024 Amendment #2 budget that included funding available for CDBG Revolving Application Fund; and Whereas, all services provided will be to a minimum of 51% low- and moderate-income persons, meeting the CDBG National Objective of Low- and Moderate-Income Clientele benefit, and eligible activity of 05F: Substance Abuse Services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the subrecipient agreement with ZTM Sober Living be approved. Section 2. That the Mayor of the City of Dubuque is hereby authorized to execute said Agreement. Section 3. That the Mayor of the City of Dubuque Iowa is hereby authorized and di- rected to designate the City Manager or the Interim Housing and Community Develop- ment Department Director to execute said Agreement and related documents on behalf of the City of Dubuque, Iowa. Passed, approved, and adopted this 5th day of May 2025. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 10. Schmitt Island Development Corporation Fundraising and Naming Request City Manager recommending City Council approval of the fundraising and naming recognition request made by Schmitt Island Development Corporation for the installation of benches on Chaplain Schmitt Island. Upon motion the documents were received, filed, and ap- proved. 11. City IT Department Commercial Office Renovation Project - Acceptance of Public Improvement Construction Contract: Upon motion the documents were received and filed, and Resolution No. 151-25 Accepting the City IT Department Commercial Office Reno- vation Project and Authorizing Final Payment to the Contractor was adopted. RESOLUTION NO. 151-25 ACCEPTING THE CITY IT DEPARTMENT COMMERCIAL OFFICE RENOVATION PROJECT AND AUTHORIZING FINAL PAYMENT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the City IT Department Commercial Office Renovation Project (the Project) has been completed by the contractor, Sheets Design Build (Contractor), and the City Engineer has examined the work and recom- mends that the Project be accepted; and Whereas, the final contract amount for the Project is $449,461.00; and Whereas, the Contractor has previously been paid $426,228.00, leaving a balance of $23,233.00; and Whereas, the City Council finds that the recommendation of the City Engineer should be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Director of Finance and Budget is hereby directed to pay the balance of the retainage of $23,233.00 as provided in Iowa Code chapter 573, and to pay such retainage in accordance with the provisions of Iowa Code chapter 573 or Iowa chapter 26.13. Passed, approved and adopted this 5th day of May 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 12. Proposed Fiber Licensing Agreement – MVLink: City Manager recommended City Council approval of a Fiber Licensing Agreement between the City of Dubuque and Ma- quoketa Valley Electric Cooperative’s internet service provider, MVLink. Upon motion the documents were received, filed, and approved. 13. Proposed Revised Project Statement to Master Co-location and Shared Services Agreement Between the City of Dubuque and Dubuque County: City Manager recom- mended City Council approval of a Revised Project Statement for the collaboration be- tween the City and Dubuque County on providing fiber connectivity to the Emergency Operations Center and County Data Center under the Master Colocation and Shared Services Agreement in place between the City of Dubuque and Dubuque County. Upon motion the documents were received, filed, and approved. 14. Approval of Retail Tobacco, Tobacco Products, Alternative Nicotine Products, Va- por Products, and Device Permit Applications: Upon motion the documents were received and filed, and Resolution No. 152-25 Approving Applications for Retail Tobacco, Tobacco Products, Alternative Nicotine Products, Vapor Products, and Device Permits, as Re- quired by Iowa Code 453A.47A and Senate File 345 was adopted. RESOLUTION NO. 152-25 APPROVING APPLICATIONS FOR RETAIL TOBACCO, TOBACCO PRODUCTS, AL- TERNATIVE NICOTINE PRODUCTS, VAPOR PRODUCTS, AND DEVICE PERMITS, AS REQUIRED BY IOWA CODE 453A.47A AND SENATE FILE 345 Whereas, applications for Tobacco/Tobacco Products/Alternative Nicotine Prod- ucts/Vapor Products/Device retail permits have been submitted and filed with the City Clerk; and Whereas, the applicants have filed the proper application and fees as required by the Iowa Department of Revenue; and Whereas, applications are presented to City Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City Clerk is hereby authorized and directed to cause to be issued the following named applicants and locations for Cigarette/Device/Tobacco/Nicotine/Vapor or retail permit. Permit effective May 6, 2025, to June 30, 2025 Business Name Business Address Permit Type Dolph’s Bar 333 East 10th St Retail Tobacco Passed, approved, and adopted this 5th day of May 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 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 Wethal. Motion carried 7 -0. 1. Fiscal Year 2025 First Budget Amendment: Upon motion the documents were re- ceived and filed and Resolution No. 153 -25 Setting the Date for the Public Hearing on Amendment No. 1 to the Fiscal Year 2025 Budget for the City of Dubuque was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on May 19, 2025, in the Historic Federal Building. RESOLUTION NO. 153-25 SETTING THE DATE FOR THE PUBLIC HEARING ON AMENDMENT NO. 1 TO THE FISCAL YEAR 2025 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 provided in Iowa Code Section 362.3. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council shall conduct a public hearing on proposed Amend- ment No. 1 to the Fiscal Year 2025 budget for the City of Dubuque at the City Council Chambers at the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, on Mon- day, May 19, 2025, beginning 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 infor- mation. Passed, approved, and adopted this 5th day of May 2025. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 2. Setting a Public Hearing for the Adoption of the Public Housing Authority Annual Plan for Federal Fiscal Year 2025: Upon motion the documents were received and filed and Resolution No. 154-25 Setting a Public Hearing to Review and Approve The Public Housing Authority Federal Fiscal Year 2025 Annual Plan was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on July 7, 2025 in the Historic Federal Building. RESOLUTION NO. 154-25 SETTING A PUBLIC HEARING TO REVIEW AND APPROVE THE PUBLIC HOUSING AUTHORITY FEDERAL FISCAL YEAR 2025 ANNUAL PLAN Whereas, the City of Dubuque is designated as a Public Housing Authority; and Whereas, the City of Dubuque maintains and creates a Public Housing Authority An- nual Plan each fiscal year; and Whereas, the Housing Commission held a Resident Advisory Board (RAB) meeting to review the Annual Plan in May 2025; and Whereas, the City desires to hold a public hearing to receive comment on the proposed Public Housing Authority Fiscal Year 2025 Annual plan. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council will meet in the Historic Federal Building, Council Chambers, 2nd Floor, 350 West 6th Street, Dubuque, Iowa, at 6:30 p.m. on July 7, 2025, for the purpose of holding a public hearing and taking action to approve the Public Hous- ing Authority Fiscal Year 2025 Annual Plan. Section 2. That the City Clerk is hereby authorized and directed to publish a notice of such public hearing and the City Council’s intent to review and approve the Public Hous- ing Authority Fiscal Year 2025 Annual Plan. Passed, approved and adopted this 5th day of May 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk PUBLIC HEARINGS 1. 2025 Repair and Preventative Maintenance of the Iowa Street Parking Garage Pub- lic Hearing: Motion by Jones to receive and file the documents and adopt Resolution No. 155-25 Approval of Plans, Specifications, Form of Contract, And Estimated Cost for The 2025 Repair and Maintenance of the Iowa Street Parking Garage. Seconded by Sprank. In response to questions, Director of Transportation Services Ryan Knuckey stated that the parking garage was constructed between 1964 and 1968. He noted that while the goal is for the repairs to last 10 to 15 years, the actual lifespan will ultimately dep end on usage. While installing a pitch was considered, it was deemed too costly, and a new membrane will be installed instead. Motion carried 7-0. RESOLUTION NO. 155-25 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTI- MATED COST FOR THE 2025 REPAIR AND MAINTENANCE OF THE IOWA STREET PARKING GARAGE NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the plans, specifications, form of contract and cost for the 2025 Repair and Maintenance of the Iowa Street Parking Garage Project in the estimated amount $4,011,300.00, are hereby approved. Passed, approved and adopted this 5th day of May 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Resolution Approving a Development Agreement with FitzGerald EnterpriZes, L.L.C.: Motion by Sprank to receive and file the documents and adopt Resolution No. 156-25 Approving A Development Agreement by and between the City of Dubuque, Iowa and Fitzgerald EnterpriZes, L.L.C., Including the Proposed Issuance of Urban Renewal Tax Increment Revenue Obligations. Seconded by Wethal. City Council Members voiced support for the project, as well as for the agreement's language restricting short -term rentals. Motion carried 7-0. RESOLUTION NO. 156-25 APPROVING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND FITZGERALD ENTERPRIZES, L.L.C., INCLUDING THE PRO- POSED ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVENUE OBLIGA- TIONS Whereas, FitzGerald EnterpriZes, L.L.C. is the owner of the property legally described as follows: Lot 1 of Lot 1 of Lot 1 of Lot 170, Lot 2 of Lot 1 of Lot 170, Lot 2 of Lot 1 of Lot 1 of Lot 170, and Lot 1 of Lot 1 of Lot 171, all in L.H. Langworthy’s Addition to the City of Dubuque, Iowa, according to the recorded Plats thereof (the Property); and Whereas, the City Council, by Resolution No. 137-25, dated April 21, 2025, declared its intent to enter into a Development Agreement by and between the City of Dubuque, Iowa, and FitzGerald EnterpriZes, L.L.C., including the issuance of Urban Renewal Tax Increment Obligations; and Whereas, pursuant to published notice, a public hearing was held on the proposed Development Agreement on May 5, 2025, at 6:30 p.m.; and Whereas, it is the determination of the City Council that approval of the Development Agreement for redevelopment of the Property by FitzGerald EnterpriZes, L.L.C., accord- ing to the terms and conditions set out in the Development Agreement, is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Development Agreement by and between the City of Dubuque, Iowa, and FitzGerald EnterpriZes, L.L.C., a copy of which is attached hereto, including the is- suance of Urban Renewal Tax Increment Revenue Obligations, is hereby approved. Section 2. The Mayor is hereby authorized and directed to execute the Development Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. The City Manager is authorized to take such actions as are necessary to comply with the terms of the Development Agreement as herein approved. Passed, approved, and adopted this 5th day of May 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk ACTION ITEMS 1. Private Lead Service Line Replacement Pilot Program - Phase 1 Award Construction Contract: Motion by Sprank to receive and file the documents and adopt Resolution No. 157-25 Awarding contract for the Lead Service Line Replacement - Phase 1 Project. Se- conded by Farber. In response to questions, Water Department Director Chris Lester noted that, as the first program of its kind in the state, the project estimate was challenging to determine. He added that the contract requires Phase 1 to be completed by the end of this year. Motion carried 7-0. RESOLUTION NO. 157-25 AWARDING CONTRACT FOR THE LEAD SERVICE LINE REPLACEMENT - PHASE 1 PROJECT Whereas, pursuant to notice duly posted in the manner and form prescribed by reso- lution of the City Council of the City of Dubuque, Iowa, and as required by law, bids and proposals were received by this Council for the Lead Service Line Replacement - Phase 1 Project (the “Project”); and Whereas, all of the said bids and proposals have been carefully considered, and it is necessary and advisable that provision be made for the award of the contract for the Project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. The bid for the Project submitted by the following contractor is fully respon- sive to the plans and specifications for the Project, is heretofore approved by the City Council, and is the lowest responsible bid received, such bid being as follows: Name and Address of Contractor - Amount of Bid Tschiggfrie Excavating - $1,973,660.00 Section 2.The contract for the Project is hereby awarded to such contractor at the total estimated cost set out above, the final settlement to be made on the basis of the unit prices therein set out and the actual final quantities of each class of materials furnishe d, the said contract to be subject to the terms of the aforementioned resolution, the notice of hearing and letting, the plans and specifications and the terms of the bidder’s written proposal. Section 3.The Mayor and City Clerk are hereby authorized and ordered to enter into a written contract with said contractor for the Project, but only after the contractor submits the performance and/or payment bonds which are required by the contract documents, and after the Project Engineers submit a written determination that such surety bonds and the other contract documents are satisfactory. No additional City Council action shall be required to approve the executed contract or surety bonds. Section 4. The amount of the contractor’s performance and/or payment bonds is hereby fixed and determined to be 100% of the amount of the contract. Section 5. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Passed and approved May 5, 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Proposed Ordinance Prohibiting the Feeding and Harassment of Bears : Motion by Jones to receive and file the documents and that the requirement that a proposed ordi- nance be considered and voted on for passage at two Council meetings prior to the meet- ing at which it is to be passed be suspended. Seconded by Roussell. In response to questions, Ross Ellingson of the Iowa Department of Natural Resources (IDNR) and Brian Preston of Dubuque County Conservation explained that bears are food -motivated, and once they become accustomed to a consistent food source, it becomes more difficult for them to leave urban areas. Ellingson noted that the current estimate is four bears in north- eastern Iowa, all believed to be male, though that has not been confirmed. Brumwell clar- ified that the proposed ordinance specifies that negligently making food available could result in citations, with the City retaining discretion in determining whether actions are considered negligent. Brumwell emphasized that the ordinance is in tended to deter resi- dents from interacting with or following bears, as such behavior can alter the animals’ natural patterns. Public Health Director Mary Rose Corrigan advised residents to report bear sightings within city limits to the Police Department or the Health Services Depart- ment. Ellingson and Preston confirmed that sightings outside city limits should be reported to the IDNR or Dubuque County Conservation. City Council Members thanked staff for modeling the ordinance from other city codes and acknowledged that public behavior toward bears in past years was inappropriate. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 15-25 Amending City of Dubuque Code of Ordinances Title 7 Police, Fire, And Public Safety, Chapter 6 Animal Control and Adopting a New Article G Prohibiting the Feeding of and Harassment of Bears Within the Corporate City. Seconded by Roussell. Motion carried 7 -0. ORDINANCE NO. 15-25 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 7 POLICE, FIRE, AND PUBLIC SAFETY, CHAPTER 6 ANIMAL CONTROL AND ADOPTING A NEW ARTICLE G PROHIBITING THE FEEDING OF AND HARASSMENT OF BEARS WITHIN THE CORPORATE CITY LIMITS OF DUBUQUE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. City of Dubuque Code of Ordinances Section 7-6 is amended by adding thereto the following new Article G: ARTICLE G. BEARS. 7-6G-1: DEFINITIONS. Unless otherwise expressly stated or the context clearly indicates a different intention, the following terms shall, for the purpose of this article, have the meanings in this section: Attractant: Any substance which does or could reasonably be expected to attract bears, including, but not limited to, food products, pet food, feed, garbage, compost, food scraps, grain, or salt. Bear: Any member the family Ursidae, typically characterized as large, heavy mam- mals having shaggy hair, stocky legs, long snouts, rounded ears, plantigrade paws, and short tails Feed: The act of providing food or food waste, including but not limited to leaving food, trash, or other attractants accessible to bears. Food: Any attractant or food material attractive to bears, such as human, livestock, and pet foods; garbage and refuse; livestock carrion; other edibles and/or garbage which is allowed to accumulate, or the residue thereof. Harass: Any behavior that disturbs or disrupts the natural activities of a bear, including but not limited to approaching, following, cornering, crowding, taunting, chasing, or interfering with the bear’s movement, behavior, or environment in a manner that causes or is likely to cause the bear distress, behavior change, or poses a risk to human safety. Wildlife management authorities: Organizations or agencies responsible for managing and conserving fish, wildlife, and their habitats. 7-6G-2: PROHIBITIONS. It is unlawful for any person to: A. Feed any bear for any purpose whatsoever; B. Negligently or otherwise make any food of any kind available to bears; C. Harass any bear, including, but not limited to, approaching any bear by foot, vehi- cle, or drone, for any purpose, including photography; or D. Disregard any law enforcement commands, orders, signs, or barriers designed to protect bears and the public. 7-6G-3: REMOVAL OF FOOD SOURCES UPON REQUEST. (a) If a bear-related issue is reported or observed in the vicinity of a property and authorities determine that an attractant or food is contributing to the presence of the bear, the owner or occupant of the property shall be immediately required to remove such attractant or food upon request. (b) Once the removal is required, the attractant or food must be eliminated and not made available to the bear for a period of no less than ten (10) days. (c) This period of removal is mandatory, regardless of the presence or absence of the bear, to minimize the risk of further habituation and potential conflict. (d) Failure to comply with this section may result in enforcement actions, including fines or other penalties as provided in Section 7 -6G-4. 7-6G-4: VIOLATION. (a) A violation by any person of this article is punishable by issuance of a municipal infraction pursuant to §1-4-2. Each instance of noncompliance with this article is a separate offense. (b) In addition to monetary penalties, the court may order alternative relief sought by the city and restitution for damage caused to wildlife or property as a result of the violation. 7-6G-5: EXCEPTIONS. This ordinance shall not apply to: (a) Any actions taken by wildlife management authorities, law enforcement officers, or other professionals authorized to handle bears in accordance with public safety laws and regulations. (b) Regularly scheduled City of Dubuque refuse collection, unless ordered otherwise by law enforcement. Section 2. Effective Date. This ordinance shall take effect upon publication. Passed, approved, and adopted this 5th day of May 2025. Brad Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk COUNCIL MEMBER REPORTS Roussell reported on recent tree planting events and the Arbor Day celebration. Farber reported on the Visiting Nurses Association (VNA) and NAMI Dubuque recently hosting fundraisers. Sprank reported on the annual Dubuque County Emergency Responder Training Fa- cility fundraising event, the opening of the summer farmers market, attending neighbor- hood association meetings, the City’s upcoming employee recognition event, the Dubu- que Labor Harvest food giveaway, and Dubuque Main Street’s Architecture Days. Wethal reported on the Fenelon Hill neighborhood association cleanup, the Forever 17 Foundation meeting with area high schools, and Hempstead and Wahlert High School students utilizing the riverwalk for prom pictures. Jones reported on attending a Dubuque Racing Association (DRA) meeting, a local emergency management commission meeting, the workers Memorial Day event at the Labor Temple, the ribbon cutting for Roses and Berries, and the annual Dubuque County Emergency Responder Training Facility fundraising event . Jones also reported on the City recently adopting the Fiscal Year 2026 budget, Fire Chief Cal Motsch’s recent retire- ment, and the 133rd infantry division’s upcoming deployment. Resnick reported on the Dubuque Symphony Orchestra and Heartland Ballet’s perfor- mance of Swan Lake. Cavanagh reported on attending Dubuque Senior High School’s production of Peter and the Starcatcher, the Julien Dubuque International Film Festival (JDIFF), an Iowa League of Cities (ILC) meeting, and the Mississippi River Cities and Towns Initiative Mid- west Climate Summit. Cavanagh also reported on speaking about the iJAG Program at Hempstead High School, sustainability at Dubuque Senior High School, and proposed property tax legislation in the Iowa Legislature. CLOSED SESSION Motion by Jones to convene in closed session at 8:02 p.m. to discuss Purchase or Sale of Real Estate – Chapter 21.5(1)(j) Code of Iowa. Seconded by Roussell. 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. The City Council reconvened in open session at 8:31 p.m. stating that staff had been given proper direction. ADJOURNMENT There being no further business, Mayor Cavanagh declared the meeting adjourned at 8:31 p.m. /s/Adrienne N. Breitfelder, CMC, City Clerk