4 20 09 City Council Proceedings_Regular Official
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on April 20, 2009 in the Historic
Federal Building.
Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voetberg, City
Manager Van Milligen, Assistant City Attorney O’Brien
Mayor Buol read the call and stated this is a regular session of the City Council to act upon such
business that may properly come before the City Council.
Pledge of Allegiance
Invocation was provided by Reverend Loren Hirschy, Word of Life Church.
PROCLAMATIONS
Silver Star Banner Day (May 1, 2009) was accepted by John Galle and Gene Giltner of the
American Legion Post 6, 1306 Delhi Street.
Rotary Foundation Group Study Exchange Days (May 2-6, 2009) was accepted by Geri Shafer,
1207 Adeline Street.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as
indicated. Seconded by Voetberg. Motion carried 7-0.
Minutes and Reports Submitted: City Council of 4/6; Civil Service Commission of 1/30; Historic
Preservation Commission of 3/19; Zoning Advisory Commission of 3/25 and 4/1; Zoning Board of
Adjustment of 3/3 and 3/26. Upon motion the documents were received and filed.
Notice of Claims/Suits: City Attorney advising that the following claim has been referred to Public
Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: William Enk for
vehicle damage. Upon motion the document was received, filed, and concurred.
Indiana Subdivision: City Manager recommending acceptance of the public improvements which
the developer, KZ Investments, LLC, has recently completed in Indiana Subdivision. Upon motion the
documents were received and filed and Resolution No. 121-09 Accepting improvements in Indiana
Subdivision was accepted.
RESOLUTION NO. 121-09
ACCEPTING IMPROVEMENTS IN INDIANA SUBDIVISION
Whereas, pursuant to Resolution 341-05, certain public improvements including street paving with
curb, sanitary sewer main, watermain, storm sewers and catch basins, boulevard street lighting, and
a stormwater detention facility were installed by the developer of the Indiana Subdivision.
Whereas, the improvements have been completed and the City Manager has examined the work
and has filed a certificate stating that the same has been completed in accordance with the plans
approved by the City Council and in conformance with City specifications, and has recommended that
the improvements be accepted by the City Council.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the recommendation of the City Manager be approved and that said public
improvements in the Indiana Subdivision be and the same is hereby accepted.
Section 2. That maintenance of said public improvements shall be the responsibility of the
contractor and owner for a period of two (2) years from this date.
Section 3. That the City Clerk be and is hereby authorized and directed to file a certified copy of
this resolution in the office of the Recorder in and for Dubuque County, Iowa.
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Passed, approved and adopted this 20 day of April, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
IDOT Agreement for Traffic Safety Improvement Funding: City Manager recommending approval of
the Iowa Department of Transportation Agreement for Traffic Safety Improvement Funding (Iowa
DOT Project No. CS-TSF-2100(644)--85-31, Agreement No. 2010-TS-018) for the Pennsylvania
Avenue Improvements Project, IA 32 to Vizaleea Drive. Upon motion the documents were received
and filed and Resolution No. 122-09 Approving the Iowa Department of Transportation Agreement for
Traffic Safety Improvement Funding for the Pennsylvania Avenue from IA 32 to Vizaleea Drive Safety
Improvements (CS-TSF-2100(644)--85-31, Agreement # 2010-TS-018) was adopted.
RESOLUTION NO. 122-09
RESOLUTION APPROVING THE IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT
FOR TRAFFIC SAFETY IMPROVEMENT FUNDING FOR THE PENNSYLVANIA AVENUE FROM
IA 32 TO VIZALEEA DRIVE SAFETY IMPROVEMENTS (CS-TSF-2100(644)--85-31, AGREEMENT
# 2010-TS-018)
Whereas, the Iowa Department of Transportation (Iowa DOT) has made funds available for the
Pennsylvania Avenue from IA 32 to Vizaleea Drive Safety Improvements Project; and
Whereas, Pennsylvania Avenue from IA 32 to Vizaleea Drive Safety Improvements Project
includes: conversion of Pennsylvania Avenue to a three-lane section from 100 feet west of Vizaleea
Drive to Alicia Street; addition of five school zone flashing beacons; a signalized overhead mast arm
crosswalk with countdown and fencing on the west side of Hempstead High School near the bus lane;
addition of three pedestrian traffic signal heads; widening the offset bus lane exit and adding vehicle
detection; upgrade of existing traffic signals with ITS control cabinet and interconnect; and addition of
a 300- to 400-foot right-turn lane on the westbound approach at the high school parking lot entrance;
and
Whereas, the Traffic Safety Improvement Funds will be required to complete said Pennsylvania
Avenue from IA 32 to Vizaleea Drive Safety Improvements Project; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That said Iowa Department of Transportation Agreement for Traffic Safety Improvement
Funding for the Pennsylvania Avenue from IA 32 to Vizaleea Drive Safety Improvements Project
between the City of Dubuque and the Iowa Department of Transportation (CS-TSF-2100(644)--85-31,
Agreement 2010-TS-018) be approved.
Section 2. That the City Manager be authorized and directed to execute two copies of the Iowa
Department of Transportation Agreement for Traffic Safety Improvement Funding between the City of
Dubuque and the Iowa Department of Transportation (CS-TSF-2100(644)--85-31, Agreement 2010-
TS-018) for the Pennsylvania Avenue from IA 32 to Vizaleea Drive Safety Improvements Project.
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Passed, approved and adopted this 20 day of April, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Historic Old Main Street – Lighting and Sidewalk Replacement Project Assessments: City Manager
recommending approval of a revised schedule of final assessments for the Historic Old Main Street –
Lighting and Sidewalk Replacement Project. Upon motion the documents were received and filed and
Resolution No. 123-09 Adopting the revised final assessment schedule for the Historic Old Main
Street – Lighting and Sidewalk Replacement Project was adopted.
RESOLUTION NO. 123-09
ADOPTING THE REVISED FINAL ASSESSMENT SCHEDULE FOR THE HISTORIC OLD MAIN
STREET – LIGHTING AND SIDEWALK REPLACEMENT PROJECT
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
After full consideration, the Revised Final Schedule of Assessments as shown on the attached
sheet(s), Page 1 to Page 2 inclusive, is hereby approved for the Historic Old Main Street – Lighting
and Sidewalk Replacement Project.
There is hereby assessed and levied as a special tax against and upon each of the benefited
properties, the respective sums indicated. The amounts shown in said Revised Final Schedule of
Assessments as deficiencies are found to be proper and levied conditionally against the respective
properties benefited by the improvements as shown in the Final Schedule of Assessments, subject to
the provisions of Iowa Code § 384.63. Said assessments against said lots are hereby declared to be
in proportion to the special benefits conferred and not in excess of twenty-five percent of the value of
same.
The City Clerk be and is hereby directed to certify the Revised Final Schedule of Assessments to
the County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each
week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of
which shall be not more than fifteen days from the date of filing of the Revised Final Schedule of
Assessments. On or before the date of the second publication of the notice, the City Clerk shall also
mail a copy of said notice to property owners whose property is subject to assessment, as provided in
Iowa Code § 384.60.
The assessments may be paid in full or in part without interest at the office of the City Treasurer,
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City Hall, 50 W. 13 Street, Dubuque, Iowa, at any time within 30 days after the date of the first notice
of the Revised Final Schedule of Assessments. Thereafter, unpaid assessments of $100.00 or more
are payable in 10 annual installments at the County Treasurer’s Office, Dubuque County Courthouse,
720 Central Avenue, Dubuque, Iowa, and will draw annual interest at nine percent (9%) computed to
December 1 next following the due dates of the respective installments as provided in Section 384.65
of the Code of Iowa. Each installment will be delinquent from October 1 following its due date on July
1 of each year. However, when the last day of September is a Saturday or Sunday, that amount shall
be delinquent from the second business day of October. Delinquent installments will draw the same
delinquent interest as ordinary taxes. Property owners may elect to pay any annual installments semi-
annually in advance.
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Passed, approved and adopted this 20 day of April, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Vision Iowa Board – Community Attraction and Tourism Agreement: City Manager recommending
approval of the execution and delivery of a $440,000 Community Attraction and Tourism (CAT) grant
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agreement with the Vision Iowa Board for the E.B. Lyons Interpretive Center Expansion.
Communication from Andrew Anderson, Vision Iowa Board Chair, advising that the Vision Iowa
Board intends to award the City of Dubuque and the Friends of the Mines of Spain a Community
Attraction and Tourism Grant of $440,000 on behalf of the E.B. Lyons Interpretive Center Expansion
Project.
Upon motion the documents were received and filed and Resolution No. 124-09 Authorizing
execution of CAT Grant Agreement for E.B. Lyons Interpretive Center Expansion Project was
adopted.
RESOLUTION NO. 124-09
AUTHORIZING EXECUTION OF CAT GRANT AGREEMENT FOR E. B. LYONS INTERPRETIVE
CENTER EXPANSION PROJECT.
Whereas, the Vision Iowa Board has awarded a $440,000 Community Attraction and Tourism
(CAT) grant jointly to the City of Dubuque and the Friends of the Mines of Spain for the E. B. Lyons
Interpretive Center Expansion Project; and
Whereas, the City of Dubuque has identified the expansion of this City-owned facility as a
community priority; and
Whereas, the Friends of the Mines of Spain, a non-profit corporation, has committed to securing all
other funding sources for the project and has signed the CAT grant agreement.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. The City Council does hereby authorize execution and delivery of the CAT Grant
Agreement 09-CATF-025 and all required supporting documentation for the E. B. Lyons Interpretive
Center Expansion Project.
Section 2. The City Council does hereby authorize the Mayor to sign the CAT Grant Agreement 09-
CATF-025 on behalf of the City of Dubuque.
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Passed, approved and adopted this 20 day of April 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Population of Annexed Areas: City Manager recommending that the City certify to the State
Treasurer the population of any areas annexed since the 2000 Census as required by Section
312.3(4) of the Code of Iowa. Upon motion the documents were received and filed.
Revitalize Iowa’s Sound Economy (RISE) Grant: City Manager recommending approval of a
Project Agreement with the Iowa Department of Transportation for RISE funding in the amount of
$285,002 for a new street in the Dubuque Industrial Center West to service the former North Siegert
farm area. Upon motion the documents were received and filed and Resolution No. 125-09 Approving
an Agreement for RISE funding with the Iowa Department of Transportation relating to development
of a new street in the Dubuque Industrial Center West was adopted.
RESOLUTION NO. 125-09
RESOLUTION APPROVING AN AGREEMENT FOR R.I.S.E. FUNDING WITH THE IOWA
DEPARTMENT OF TRANSPORTATION RELATING TO DEVELOPMENT OF A NEW STREET IN
THE DUBUQUE INDUSTRIAL CENTER WEST
.
Whereas, the City of Dubuque has developed plans for the construction of a street to serve the
former North Siegert Farm area in the Dubuque Industrial Center West; and
Whereas, the City has requested funding under the State of Iowa’s R.I.S.E. (Revitalize Iowa’s
Sound Economy) program; and
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Whereas, the City’s application was approved by order of the Transportation Commission on
March 10, 2009; and
Whereas, the Iowa Department of Transportation has prepared and submitted for City Council
approval an Agreement relating to the R.I.S.E. grant, a copy of which is attached hereto and by this
reference made a part hereof; and
Whereas, the City Council finds that the proposed agreement is acceptable and necessary to the
growth and development of the city.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Iowa Department of Transportation Agreement for R.I.S.E. Funding,
Agreement No. RM-2100 (647)-9D-31, is hereby approved.
Section 2. That the Mayor and City Clerk are hereby authorized and directed to execute two copies
of the Agreement on behalf of the City of Dubuque and forward the executed copies to the Iowa
Department of Transportation for their approval.
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Passed, approved and adopted this 20 day of April, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Certificate of Completion – Port of Dubuque Adams Development, LLC: City Manager
recommending approval of the issuance of a Certificate of Completion for Port of Dubuque Adams
Development, LLC in the Dubuque Industrial Center West acknowledging completion of their
obligations to construct Minimum Improvements as stipulated in the Development Agreement. Upon
motion the documents were received, filed, and approved.
Millwork District Energy Plan: City Manager recommending approval of the selection of the
consultant for the Millwork District Energy Plan. Upon motion the documents were received, filed, and
approved.
Environmental Stewardship Advisory Commission: Communication from Wayne Klostermann,
Chair of the Environmental Stewardship Advisory Commission, regarding methane gas. Upon motion
the document was received and filed.
Fiscal Year 2009 COPS Secure Our Schools Grant Application: City Manager recommending
approval of the submittal of a Fiscal Year 2009 Community Oriented Policing Secure our Schools
Grant application for the purpose of obtaining grant funding for school security measures. Upon
motion the documents were received, filed, and approved.
Tobacco Compliance – Civil Penalties for Tobacco License Holders: City Manager recommending
approval of the Acknowledgement/Settlement Agreement for a first offense tobacco compliance
violation for HIBA Petroleum (Clarke of Dubuque), 700 Rhomberg Avenue. Upon motion the
documents were received, filed, and approved.
Alcohol Compliance – Civil Penalties for Alcohol License Holders: City Manager recommending
approval of the Acknowledgement/Settlement Agreements for a first offense alcohol compliance
violation for House of China, 170 John F. Kennedy Road and Applebee’s Neighborhood Grill and Bar,
1395 Associates Drive, acceptance and approval of the payment and the
Acknowledgement/Settlement Agreement when it is received for a first offense alcohol compliance
violation for HIBA Petroleum (Clarke of Dubuque), 700 Rhomberg Avenue, and to schedule a first
offense alcohol civil penalty hearing regarding Tott’s Tap, 3457 Jackson Street, for May 4, 2009
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concerning their December 18, 2008 alcohol violation. Upon motion the documents were received,
filed, and approved.
Delinquent Water, Sewer, Refuse and Stormwater Collection Accounts: City Manager
recommending approval of the submission of delinquent water, sewer, refuse and stormwater
collection accounts to the Dubuque County Treasurer. Upon motion the documents were received
and filed and Resolution No. 126-09 Adopting the schedule of assessments for delinquent water,
sewer, refuse and stormwater accounts and directing the City Clerk to certify the schedule of
assessments to the County Treasurer and to publish notice thereof.
RESOLUTION NO. 126-09
ADOPTING THE SCHEDULE OF ASSESSMENTS FOR DELINQUENT WATER, SEWER, REFUSE
AND STORMWATER ACCOUNTS AND DIRECTING THE CITY CLERK TO CERTIFY THE
SCHEDULE OF ASSESSMENTS TO THE COUNTY TREASURER AND TO PUBLISH NOTICE
THEREOF
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That after full consideration of the Schedule of Assessments attached hereto for delinquent water,
sewer, refuse, and stormwater accounts which Schedule of Assessments was filed in the office of the
City Clerk on the 14th day of April, 2009, the said Schedule of Assessments be and the same is
hereby approved and adopted.
That there be, and is herby assessed and levied as a lien upon the real property, the respective
sums indicated.
That the City Clerk be and is hereby directed to certify said schedule to the County Treasurer of
Dubuque County, Iowa, and to publish notice of said certification once each week for two consecutive
weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall be not more
than fifteen days from the date of filing of the final schedule. On or before the date of the second
publication of the notice, the City Clerk shall also mail a copy of said notice to property owners whose
property is subject to assessment, as provided and directed in Iowa Code § 384.60.
The assessments may be paid in full or in part without interest at the Utility Billing Office, City Hall,
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50 W. 13 Street, Dubuque, Iowa, at any time within 30 days after the date of the first publication of
the notice of the filing of the Schedule of Assessments with the County Treasurer. After 30 days,
unpaid assessments are payable at the County Treasurer’s Office, Dubuque County Courthouse, 720
Central Avenue, Dubuque, Iowa, and charges shall be collected in the same manner as general
property taxes against the respective parcels of the property set opposite the name of the property
owner.
Passed, approved and adopted this 20th day of April, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Request for Proposals – Procurement Card Services: City Manager recommending approval of the
issuance of a Request for Proposals for implementing a Procurement Card Program. Upon motion
the documents were received, filed, and approved.
Dubuque Water Ski Club: City Manager recommending approval of the annual lease with the
Dubuque Water Ski Club for a section of Schmitt Island. Upon motion the documents were received,
filed, and approved.
Health Alert Network (HAN) Memorandum of Understanding Agreement: City Manager
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recommending approval of a Memorandum of Understanding (MOU) for continued use of the Health
Alert Network (HAN) portal system with the Iowa Department of Public Health. Upon motion the
documents were received, filed, and approved.
Intergovernmental Agreement – City of East Dubuque, Illinois: City Manager recommending
approval of a 28E Intergovernmental Agreement between the City of Dubuque and the City of East
Dubuque, Illinois for bus service. Upon motion the documents were received, filed, and approved.
Every Child/Every Promise Quarterly Report: Mae Hingtgen submitting the Every Child / Every
Promise Quarterly Report. Upon motion the document was received and filed.
Iowa Department of Natural Resources: Communication from the Iowa Department of Natural
Resources regarding the Dubuque Wastewater Treatment Plant Facility inspection. Upon motion the
documents were received and filed.
Neighborhood Stabilization Program: Communication from Michael Tramontina, Iowa Department
of Economic Development, advising that the City of Dubuque has been awarded a grant in the
amount of $444,328.00 for the Neighborhood Stabilization Program. Upon motion the document was
received and filed.
PEG Capital Grant Expenditure Request: City Manager recommending approval of a request from
Wahlert High School and Mediacom for funding from the Capital Grant for Access Equipment and
Facilities. Upon motion the documents were received, filed, and approved.
Fiscal Year 2010 Community Development Block Grant Program: City Manager recommending
approval of the publication of a Notice of Intent to Request Release of Funds for Community
Development Block Grant (CDBG) program activities. Upon motion the documents were received and
filed and Resolution No. 127-09 Authorizing publication of a Notice of Intent to Request Release of
Funds for certain Community Development Block Grant Projects for Fiscal Year 2010 (Program Year
2009) was adopted.
RESOLUTION NO. 127-09
AUTHORIZING PUBLICATION OF A NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS
FOR CERTAIN COMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS FOR FISCAL YEAR
2010 (PROGRAM YEAR 2009)
Whereas, the City of Dubuque will enter into a Grant Agreement for the Fiscal Year commencing
July 1, 2009, with the U.S. Department of Housing and Urban Development, providing for financial
assistance to the City under Title I of the Housing and Community Development Act of 1974, as
amended; and
Whereas, pursuant to the rules and regulations as promulgated by the U.S. Department of Housing
and Urban Development, an environmental review has been processed for the hereinafter listed
projects to be financed with Community Development Block Grant funds; and
Whereas, a notice of "Intent to Request Release of Funds" for said projects will be sent by regular
mail to various tribal, federal, state and local public agencies; to the appropriate Regional Office of the
Environmental Protection Agency, to the HUD Field Office and to the local news media, individuals
and groups known to be interested and believed to be appropriate to receive such a notice; and
Whereas, any and all comments received as a result of such notice will be duly considered before
proceeding with a Request for Release of Funds and Certification.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
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IOWA:
Section 1. That the City Clerk be and is hereby authorized and directed to publish a Notice of
Intent to Request Release of Funds for the following identified projects and to make the
Environmental Review Record for said projects available for public inspection and comment until 5:00
p.m. on May 4, 2009. Such notice shall be in the form of Exhibit "A" attached hereto and made a part
hereof.
Community Development Block Grant Annual Plan Projects Fiscal Year 2010 (Program Year 2009)
Housing Programs: First Time Home Buyer Program; Homeowner Rehabilitation (Operation:
Paintbrush; Operation Upkeep; Residential Rehabilitation Loan Program; Sewer Connection Loan);
Housing Administration Services and Staff; Housing Code Enforcement; Housing Rehabilitation
Services and Staff; Lead Paint Hazard Abatement Project; Rental Unit Rehabilitation (Emergency
Code Enforcement Loan Program; Moderate Income Rental Rehab Loan Program; Accessibility
Rehab; Single Room Occupancy Rehab);
Economic Development Programs: Commercial Industrial Building Rehab and Revolving Loan
Fund; Economic Development Financial Assistance Program and Revolving Loan Fund
Neighborhood and Community Development Programs: Accessible Curb Ramps; Child Care
Resource and Referral; Dubuque Dispute Resolution Center; Information and Referral Service;
Leadership Training; Neighborhood Development Services and Staff; Neighborhood Support Grants;
Neighborhood Infrastructure Improvements (Neighborhood Street Overlays; Neighborhood Sidewalk
Program; Neighborhood Step/Wall Repair); Neighborhood Recreation Program; Neighborhood
Support Grants; Opening Doors; Senior Center; Washington Tool Library; Zoning Inspection/
Enforcement
Planning and Administration: CDBG Administration Services and Staff; Finance Services and Staff;
City Planning
No funds will be committed prior to completion of a review for other related laws of 24 CFR 58.5,
including Section 106, for site-specific projects that are currently unidentified.
Section 2. That the environmental review record for each of the projects shall be placed on file in
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the Office of the Housing and Community Development Department, 350 West 6 Street, Suite 312,
Dubuque Iowa where said record may be examined and copied by any interested party.
Section 3. That the Mayor of the City of Dubuque is hereby authorized and directed to submit to
the U.S. Department of Housing and Urban Development seven (7) days after publication of
appropriate notice a Request for Release of Funds to undertake the said projects.
Section 4. That the Mayor of the City of Dubuque is hereby authorized to consent to assume the
status of a responsible federal official under the National Environmental Protection Act, insofar as the
provisions of the said Act apply to the U.S. Department of Housing and Urban Development
responsibilities for review, decision making, and action assumed and carried out by the City of
Dubuque as to environmental issues.
Section 5. That the Mayor of the City of Dubuque is hereby authorized to consent personally, in his
official capacity and on behalf of the City of Dubuque, to accept the jurisdiction of the federal courts if
an action is brought to enforce responsibilities in relation to environmental review, decision-making
and action.
Section 6. That the Mayor of the City of Dubuque is and he is hereby authorized and directed to
execute a Request for Release of Funds and Certification.
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Passed, approved and adopted this 20 day of May 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Iowa Department of Transportation: Communication from the Iowa Department of Transportation
(IDOT) advising that they propose to let a deck joint repair project on U.S. 61, U.S. 151, U.S. 52, ICE
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Railroad and 9 Street. Upon motion the document was received and filed.
Legislative Correspondence: City Manager communication to local legislators regarding the
proposed amendments to Chapter 411 and urging that this legislation not be enacted. Upon motion
the documents were received and filed.
Friends of the Mines of Spain: Communication from Douglas Olk, Friends of the Mines of Spain,
requesting that the City consider making a $125,000 commitment toward the building project at the
E.B. Lyons Interpretive Center. Upon motion the documents were received and filed and referred to
the City Manager.
Mystique Casino – Fireworks Display: Communication from Jesús Aviles requesting approval to
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use City property for a fireworks display on June 6, 2009 in celebration of the 25 anniversary of
racing at Dubuque Greyhound Park. Upon motion the document was received, filed, and approved.
Amendment to Development Agreement – Dubuque Initiatives: City Manager recommending
approval of an amendment to the Development Agreement with Dubuque Initiatives to facilitate the
use of new market and historic tax credits in connection with the redevelopment of the Roshek
Building. Upon motion the documents were received and filed and Resolution No. 128-09 Approving
an amendment to the Development Agreement between the City of Dubuque, Iowa and Dubuque
Initiatives was adopted.
RESOLUTION NO. 128-09
APPROVING AN AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
DUBUQUE, IOWA AND DUBUQUE INITIATIVES
WHEREAS, the City of Dubuque, Iowa (“City”) and Dubuque Initiatives (“Developer”) are parties to
a Development Agreement dated February 17, 2009 (the "Original Agreement") relating to the
redevelopment of the Roshek Building located generally at 700 Locust Street in the City (defined in
the Original Agreement as the "Property"); and
WHEREAS, Section 2.1 of the Original Agreement obligates the Developer to undertake the
construction of certain Minimum Improvements (as defined in the Original Agreement) on the
Property; and
WHEREAS, Section 3.3 of the Original Agreement obligates the City to provide a guarantee of
certain indebtedness to be incurred by Developer in connection with the construction by Developer of
said Minimum Improvements; and
WHEREAS, the City and the Developer desire to amend the Original Agreement so as to facilitate
the use of new market and historic tax credits in connection with the redevelopment of the Roshek
Building, which require the creation of certain intermediary parties by the Developer and the
extension of the City’s guarantee of indebtedness to said intermediary parties.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA, AS FOLLOWS:
Section 1. The Amendment to Development Agreement attached hereto is hereby approved and
the Mayor is authorized and directed to sign the Amendment on behalf of the City of Dubuque.
Section 2. All other provisions of the Original Agreement are hereby ratified, confirmed and
approved.
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Passed, approved and adopted this 20 day of April, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
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Internal Revenue Service Audit: City Manager transmitting information about the January 21, 2009
IRS Audit. Upon motion the documents were received and filed.
Riverwalk Ninth Addition – Plat of Survey: Zoning Advisory Commission recommending approval of
the Plat of Survey of the Riverwalk Ninth Addition. Upon motion the documents were received and
filed and Resolution No. 129-09 Approving the Plat of Survey of Riverwalk Ninth Addition was
adopted.
RESOLUTION NO. 129-09
APPROVING THE PLAT OF SURVEY OF RIVERWALK NINTH ADDITION IN THE CITY OF
DUBUQUE, IOWA.
Whereas, there has been filed with the City Clerk a Plat of Survey of Riverwalk Ninth Addition in
the City of Dubuque, Iowa, and;
Whereas, upon said Plat of Survey appears streets to be known as East Fifth Street (Lot A and Lot
B) and Bell Street (Lot C and Lot D), together with certain public utility and visibility corridor
easements, which the owner, by said plat of survey, has dedicated to the public forever; and
Whereas, said Plat of Survey has been examined by the Zoning Advisory Commission and had its
approval endorsed thereon; and
Whereas, said Plat of Survey has been examined by the City Council and they find that it conforms
to the statutes and ordinances relating to it.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the dedication of East Fifth Street (Lot A and Lot B) and Bell Street (Lot C and Lot
D), and the easements for public utilities and visibility corridor as they appear upon said Plat of
Survey, be and the same are hereby accepted; and
Section 2. That the Plat of Survey of Riverwalk Ninth Addition is hereby approved and the Mayor
and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque,
Iowa, upon said Plat of Survey.
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Passed, approved and adopted this 20 day of April 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
National Preservation Month Photographs: Communication from the Historic Preservation
Commission requesting each City Council Member to pose for a picture in front of their favorite
historic building or site in Dubuque. Upon motion the document was received and filed.
Federal Emergency Management Agency: Notification from the U.S. Department of Homeland
Security’s Federal Emergency Management Agency (FEMA) announcing that the City of Dubuque will
receive $1,435,688 for the North Fork Catfish Creek Project. Upon motion the document was
received and filed.
Letter of Support for Silos and Smokestacks Grant Application: City Manager recommending
approval of City support of a Friends of the Mines of Spain State Recreation Area grant application to
the Silos and Smokestacks National Heritage Area. Upon motion the documents were received, filed,
and approved.
Contracts Signed by the City Manager: Mediacom Commercial Service Agreement. Upon motion
the document was received and filed.
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Liquor License Applications: City Manager recommending approval of annual liquor license
renewals as submitted. Upon motion the documents were received and filed and Resolution No. 130-
09 Granting the issuance of a Class “B” Beer Permit to Panchero’s and a Class “C” Beer Permit to
Tobacco Outlet #542, Ron’s Discount Smokes, and Hartig Drug Company; and Resolution No. 131-
09 Granting the issuance of a Class “A” (Club) Liquor License to DBQ Lodge #355; Class “C”
Beer/Liquor License to Loras College, West Dubuque Tap, Lot One, The Hub, Knights of Columbus
#510, Whiskey River, and Sublime; a Special Class “C” (BW) Liquor License (5-Day Special Event) to
Dubuque Jaycees; a Class “B” Wine Permit to Hartig Drug Company; and a Class “B” Native Wine
Permit to Flowers on Main were adopted.
RESOLUTION NO. 130-09
Whereas, applications for Beer Permits have been submitted and filed to this Council for approval
and the same have been examined and approved: and
Whereas, the premises to be occupied by such applicants were inspected and found to comply
with the Ordinances of the City and have filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the Manager be authorized to cause to be issued the following named applicants a Beer
Permit.
CLASS “B” BEER PERMIT
Central Coast Hospitality Panchero’s+(Sunday/Outdoor Sale) 4840 Asbury Road
CLASS “C” BEER PERMIT
Kwik Trip Inc. Tobacco Outlet #540+(Sunday Sale) 806 Wacker Drive
RKM, LLC Ron’s Discount Smokes 1450 Loras Blvd.
+(Sunday Sale)
Hartig Drug Inc. Hartig Drug Co.+(Sunday Sale) 2255 JFK Road
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Passed, approved and adopted this 20 day of April, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 131-09
Whereas, applications for Liquor Licenses have been submitted to this Council for approval and
the same have been examined and approved; and
Whereas, the premises to be occupied by such applicants were inspected and found to comply
with the State Laws and all City Ordinances relevant thereto and they have filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the Manager be authorized to cause to be issued the following named applicants a Liquor
License.
CLASS “A” (CLUB) LIQUOR LICENSE
DBQ Lodge # 355 Order of DBQ Lodge # 355+(Sunday 2635 Windsor
Moose Sale)
CLASS “C” BEER/ LIQUOR LICENSE
Aramark Educational Service Loras College+(Sunday Sale) 1450 Alta Vista
Donna & Geneva Ginter West Dubuque Tap+(Sunday Sale) 1701 Asbury Road
Lot One LLC Lot One+(Sunday Sale) 100 Main Street
The Hub on Main, Inc. The Hub+(Sunday Sale) 252 Main Street
Knight of Columbus Council Knights of Columbus#510+(Sunday Sale) 781 Locust Street
Chad Streff Whiskey River+(Sunday Sale) 1064 University
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Avenue
Club Sublime Sublime+(Sunday Sale) 3203 Jackson Street
SPECIAL CLASS “C”(BW) LIQUOR LICENSE (5-DAY SPECIAL EVENT)
Dubuque Jaycees Dubuque Jaycees+(Sunday Town Clock
Sale)
CLASS “B” WINE
Hartig Drug Co. Hartig Drug Co. 2255 JFK Road
CLASS “B” NATIVE WINE PERMIT (WBN)
Rinda Wolff Flowers on Maine 372 Main Street
Passed, approved and adopted this 20th day of April, 2009
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the documents, adopt the resolutions, set the public hearings
as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Jones.
Motion carried 7-0.
Kephart Building Roofing Project: City Manager recommending initiation of the public bidding
process for the Kephart Building Roofing Project and that a public hearing be set for May 4, 2009.
Upon motion the documents were received and filed and Resolution No. 132-09 Preliminary approval
of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans,
specifications, form of contract, and estimated cost; and ordering the advertisement for bids for the
Kephart Building Roofing Project was adopted setting a public hearing for a meeting to commence at
6:30 p.m. on May 4, 2009 in the Historic Federal Building.
RESOLUTION NO. 132-09
KEPHART BUILDING ROOF REPLACEMENT PROJECT
PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR
BIDS
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
The proposed plans, specifications, form of contract and estimated cost for the Kephart Building
Roofing Project, in the estimated amount $75,000, are hereby preliminarily approved and ordered
filed in the office of the City Clerk for public inspection.
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A public hearing will be held on the 4 day of May, 2009, at 6:30 p.m. in the Historic Federal
Building Council Chambers at which time interested persons may appear and be heard for or against
the proposed plans and specifications, form of contract and estimated cost of said Project, and the
City Clerk be and is hereby directed to cause the attached notice of the time and place of such
hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa,
which notice shall be published not less than four days nor more than twenty days prior to the date of
such hearing. At the hearing, any interested person may appear and file objections to the proposed
plans, specifications, form of contract, or estimated cost of the Project.
The Kephart Building Roofing Project is hereby ordered to be advertised for bids for construction.
The amount of the security to accompany each bid shall be in an amount which shall conform to
the provisions of the Notice to Bidders hereby approved.
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The City Clerk is hereby directed to advertise for bids for the construction of the improvements
herein provided, by publishing the attached Notice to Bidders to be published in a newspaper having
general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four but
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not more than forty-five days before the date for filing bids before 2:00 p.m. on the 28 day of April,
2009. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City
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Council for final action at 6:30 p.m. on the 4 day of May, 2009, in the Historic Federal Building
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Council Chambers (second floor), 350 West 6 Street, Dubuque, Iowa.
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Passed, adopted and approved this 20 day of April, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Fiscal Year 2009 Second Budget Amendment: City Manager recommending that a public hearing
be set for May 4, 2009 to consider approval of the Second Amendment to the Fiscal Year 2009
Budget. Upon motion the documents were received and filed and Resolution No. 133-09 Setting the
date for the public hearing on Amendment No. 2 to the Fiscal Year 2009 Budget for the City of
Dubuque was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on May 4,
2009 in the Historic Federal Building.
RESOLUTION NO.133-09
SETTING THE DATE FOR THE PUBLIC HEARING ON AMENDMENT NO. 2 TO THE FISCAL
YEAR 2009 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 Amendment No. 2 to
the Fiscal Year 2009 budget for the City of Dubuque at the City Council Chambers at the Historic
Federal Building, 350 West 6th Street, Dubuque, Iowa, on Monday, May 4, 2009, 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 information.
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Passed, approved and adopted this 20 day of April 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC City Clerk
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City Council.
Applewood Senior Housing Planned Unit Development District: Proof of publication on notice of
hearing to consider a request from Dan Fitzgerald, Horizon Development Group, to amend the
Applewood Senior Housing Planned Unit Development District by rezoning 1.7 acres from R-1 Single
Family Residential District to PUD Planned Unit Development District to allow construction of a three-
story, 43-unit senior apartment residence and Zoning Advisory Commission recommending approval,
with conditions.
Motion by Connors to receive and file the documents and that the requirement that a proposed
ordinance be considered and voted on for passage at two Council meetings prior to the meeting at
which it is to be passed be suspended. Seconded by Braig. Horizon Development Group
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representatives Dan Fitzgerald and Kevin Burrow, 1031 North Edge Trail, Verona, WI, provided a
slide presentation of their original and modified proposals as presented to the Zoning Advisory
Commission. William Wells, 15945 Asbury Road, of Bisping Realty and Lange Family estate
representative, spoke in support of the proposed rezoning. Planning Services Manager Laura
Carstens provided a staff report. Motion carried 7-0
Motion by Connors for final consideration and passage of Ordinance No. 19-09 Amending
Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying
property located at the 3225 Pennsylvania Avenue from R-1 Single-Family Residential District to PUD
Planned Unit Development District with a PR Planned Residential District Designation, and adopting
a Conceptual Development Plan for Applewood Senior Housing Phase 3. Seconded by Braig. Motion
carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 19-09
AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF
ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT
3225 PENNSYLVANIA AVENUE FROM R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT TO PUD
PLANNED UNIT DEVELOPMENT DISTRICT WITH A PR PLANNED RESIDENTIAL DISTRICT
DESIGNATION, AND ADOPTING A CONCEPTUAL DEVELOPMENT PLAN FOR APPLEWOOD
SENIOR HOUSING PHASE III.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances is
hereby amended by reclassifying the hereinafter-described property from R-1 Single-Family
Residential District to PUD Planned Unit Development District with a PR Planned Residential District
designation, and adopting a conceptual development plan, a copy of which is attached to and made a
part hereof, is hereby adopted and approved for the following described property, to wit: East 235.04
feet of Lot 1 of 2 SW ¼ SW ¼ Section 22, T89N, R2E, and to the centerline of the adjoining public
right-of-way, all in the City of Dubuque, Iowa.
A. Use Regulations.
The following regulations shall apply to all uses made of land in the above-described PR
Planned Residential District:
1. Principal permitted uses shall be limited to 43 senior housing dwelling units.
2. No secondary or contingency uses shall be permitted.
3. Accessory uses shall include any use customarily incidental and subordinate to the
principal use it serves.
B. Lot and Bulk Regulations.
Development of land in the PR Planned Residential District shall be regulated as follows:
1. Building #3 shall be located in substantial conformance with the approved
conceptual development plan.
2. Building #3 shall have a minimum 20-foot front yard setback, a 24-foot side yard
setback, and a 76-foot 6-inch rear yard setback.
3. Maximum building height of 40 feet shall be allowed as measured from the first floor
elevation of 808 MSL to the peak of the roof. The roof shall be built with a roof pitch of 4/12.
C. Performance Standards
The development and maintenance of uses in this PR Planned Residential District shall be
regulated as follows:
1. Parking Regulations
a. Off-street parking shall be provided based on the approved conceptual plan
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with 10 spaces provided in front of the building and 42 spaces in underground
parking.
b. All vehicle-related features shall be surfaced with either asphalt or concrete.
c. Curbing and proper surface drainage of storm water shall be provided.
d. All parking and loading spaces shall be delineated on the surfacing material
by painted stripes or other permanent means.
e. The number, size and design of parking spaces shall be governed by
applicable provisions of City of Dubuque Ordinances enforced at the time of
development of the lot.
f. The number, size, design, and location of parking spaces designated for
persons with disabilities shall be according to the local, state, or federal
requirements in effect at the time of development.
2. Site Lighting
a. Exterior illumination of site features shall be limited to the illumination of the
following:
i. Parking areas, driveways and loading facilities.
ii. Pedestrian walkway surfaces and entrances to building.
iii. Building exterior.
b. Location and Design
i. No light source shall provide illumination onto adjacent lots, buildings or
streets in excess of 1.0 foot candle.
ii. All exterior lighting luminaries shall be designed and installed to shield
light from the luminaries at angles above 72-degrees from vertical.
iii. Fixtures mounted on a building shall not be positioned higher than the
roofline of the building.
iv. All electrical service lines to posts and fixtures shall be underground and
concealed inside the posts.
3. Landscaping
Two staggered, parallel lines of American Arborvitae shall be planted along the entire
length of the north property line to act as a vegetative screen. The American Arborvitae
shall be a minimum of six (6) feet in height at planting and spaced eight (8) feet apart and
eight (8) feet separating the two parallel rows.
4. Storm Water Conveyance
The developer shall be responsible for providing surface or subsurface conveyance(s)
of storm water from the lot to existing storm sewers or to flow line of open drainageways
outside the lot in a means that is satisfactory to the City of Dubuque. Other applicable
regulations enforced by the City of Dubuque relative to storm water management and
drainage shall apply to the subject property.
5. Exterior Trash Collection Areas
a. The storage of trash and debris shall be limited to that produced by the
principal permitted use and accessory uses of the lot.
b. All exterior trash collection areas and the materials contained therein shall be
visually screened from view. The screening shall be completely opaque fence, wall
or other feature not exceeding a height of 10 feet measured from the ground level
outside the line of the screen. Screens built on sloping grades shall be stepped so
that their top line shall be horizontal. Exposed materials used to construct the
opaque screen shall be similar in appearance to materials used for exterior building
walls. All exterior entrances to a screened trash area shall be provided with a gate
or door of similar design to that of the screen.
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If a 10-foot high screen fails to shield the exterior trash collection area from view
from points inside or outside of the property, evergreen plantings may be required in
addition to the screening. Evergreen plant materials shall be selected and designed
so that they will screen the area from all off-site visibility within five (5) years.
6. Final site development plans shall be submitted in accordance with Section 4-4 of
the Zoning Ordinance prior to construction of any buildings.
D. Open Space and Recreation Areas
Open space and landscaping in the PR Planned Residential District shall be regulated as
follows. Those areas not designated on the conceptual development plan shall be maintained
as open space, as defined by Section 8 of the Zoning Ordinance of the City of Dubuque, Iowa,
by the property owner and/or association.
E. Sign Regulations
1. Signs in the Planned Residential District shall be regulated in accordance with the R-
4 Multi-Family Residential Zoning District sign regulations of the Zoning Ordinance.
2. Variance requests from sign requirements for size, number and height shall be
reviewed by the Zoning Board of Adjustment in accordance with Section 5-3 of the Zoning
Ordinance.
F. Other Codes and Regulations
1. Service Lines. All electric, telephone, cable, or other similar utility lines serving the
building and other site features shall be located underground.
2. The use of semi-trailers and shipping containers for storage is prohibited.
3. These regulations do not relieve the owner from other applicable city, county, state
or federal codes, regulations, laws and other controls relative to the planning, construction,
operation and management of property within the city of Dubuque.
G. Transfer of Ownership
Transfer of ownership or lease of property in this PR Planned Residential District shall
include the transfer or lease agreement a provision that the purchaser or lessee acknowledges
awareness of the conditions authorizing the establishment of the district.
H. Occupancy Permits
No occupancy permit shall be issued by the City of Dubuque for property included in the
subject planned unit development district until full compliance with this ordinance has been
achieved.
I. Recording
A copy of this Ordinance shall be recorded at the expense of the property owner(s) with the
Dubuque county recorder as a permanent record of the conditions accepted as part of this
reclassification approval. This ordinance shall be binding upon the undersigned and his/her
heirs, successors and assigns.
Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory
Commission of the City of Dubuque, Iowa.
Section 3. The foregoing amendment shall take effect upon publication, as provided by law.
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Passed, approved and adopted this 20 day of April, 2009.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
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Published officially in the Telegraph Herald Newspaper the 27 day of April, 2009.
/s/Jeanne F. Schneider, CMC, City Clerk
Hillcrest Family Services ID Institutional District: Proof of publication on notice of hearing to
consider a request from Gary Gansemer, Hillcrest Family Services, to amend the Hillcrest Family
Services ID Institutional District to permit the continued use of a portable classroom and Zoning
16
Advisory Commission recommending approval.
Motion by Jones to receive and file the documents and that the requirement that a proposed
ordinance be considered and voted on for passage at two Council meetings prior to the meeting at
which it is to be passed be suspended. Seconded by Lynch. Gary Gansmer, 2223 Aspen Drive,
spoke in support of the request citing a continued need for the unit. Planning Services Manager Laura
Carstens provided a staff report. Responding to questions by City Council, Zoning Advisory
Commission Chairperson Jeff Stiles stated that the Commission preferred to see a permanent
structure but would approve the amendment despite the age of the unit. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 20-09 Amending Appendix
A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by repealing Section 2(D)(2) of
Ordinance No. 18-03, and enacting a new section 2(D)(2) in lieu thereof pertaining to the time limit for
use of portable classrooms at Hillcrest Family Services. Seconded by Voetberg. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 20-09
AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF
ORDINANCES. BY REPEALING SECTION 2(D)(2) OF ORDINANCE NO. 18-03, AND ENACTING
A NEW SECTION 2(D)(2) IN LIEU THEREOF PERTAINING TO THE TIME LIMIT FOR USE OF
PORTABLE CLASSROOMS AT HILLCREST FAMILY SERVICES
Whereas, Ordinance No. 18-03 was adopted on March 17, 2003, by the City Council amending the
ID Institutional District for Hillcrest Family Services; and
Whereas, Hillcrest Family Services has requested an amendment to the ID Institutional District
regulating the time limit for use of the portable classrooms in the ID Institutional District.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is
hereby amended by repealing Section 2(D)(2) of Ordinance No. 18-03 and enacting a new Section
2(D)(2) in lieu thereof, as follows:
2(D)(2): All portable classrooms located in this ID district shall be removed by Hillcrest Family
Services no later than June 30, 2012.
Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory
Commission of the City of Dubuque, Iowa.
Section 3. This Ordinance shall take effect immediately upon publication as provided by law.
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Passed, approved and adopted this 20 day of April, 2009.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
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Published officially in the Telegraph Herald Newspaper the 27 day of April, 2009.
/s/Jeanne F. Schneider, CMC, City Clerk
Louise Lane Bridge Reconstruction Project: Proof of publication on notice of hearing to consider
the plans, specifications, form of contract, and estimated cost for the Louise Lane Bridge
Reconstruction Project and City Manager recommending approval. Motion by Connors to receive and
file the documents and adopt Resolution No. 134-09 Approving plans, specifications, form of contract,
and estimated cost for the Louise Lane Bridge Reconstruction Project. Seconded by Lynch. Motion
carried 7-0.
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RESOLUTION NO. 134-09
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST
FOR THE LOUISE LANE BRIDGE RECONSTRUCTION PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the proposed plans, specifications, form of contract and estimated cost for the Louise Lane
Bridge Reconstruction Project, in the estimated amount $284,000.00, are hereby approved.
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Passed, adopted and approved this 20 day of April, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Upon motion the rules were suspended limiting discussion to the City Council.
ACTION ITEMS
Request to Address Council: Communication from Terry Driskell, Human Rights Commission, to
introduce himself to the City Council. Mr. Driskell was not in attendance.
Tri-State Trail Vision: Communication from the Tri-State Trail Vision Board of Directors requesting
to address the City Council regarding the East – West Corridor Study. Motion by Connors to receive
and file the documents. Seconded by Lynch. Tri-State Trail Vision President Brian Walsh, 3242
Bittersweet, expressed concerns regarding the East-West Corridor Study and the perception by the
study’s consultants resulting from the November 3, 2008 City Council work session that they are
being prevented from finding cycle and hiking solutions through difficult intersections such as Delhi at
University and on to Clarke Drive. Following discussion, Mayor Buol reiterated the Council’s direction
to consultants to consider any and all options along the entire corridor especially at dangerous pinch
points as identified in the study and by Mr. Walsh. Mayor Buol also reiterated that while the
consultants were asked to be innovative and creative, large quantities of property acquisition would
not be feasible, but limited acquisition might be considered. Motion carried 7-0.
Historic Preservation Commission: Communication from the Historic Preservation Commission
recommending approval of a request from the Four Mounds Foundation for Historic District Public
Improvement Project funds to assist with a portion of the architectural fees to design and site a visitor
station at Four Mounds. Motion by Connors to receive and file the documents and approve the
recommendation. Seconded by Braig. Motion carried 7-0.
North Fork Trails – Final Plat: City Manager recommending approval of the final plat of North Fork
Trails. Motion by Braig to receive and file the documents and adopt Resolution No. 135-09
Authorizing approval of the final plat of North Fork Trails in the City of Dubuque, Iowa. Seconded by
Voetberg. Motion carried 7-0.
RESOLUTION NO. 135-09
AUTHORIZING APPROVAL OF THE FINAL PLAT OF NORTH FORK TRAILS IN THE CITY OF
DUBUQUE, IOWA
Whereas, there has been filed with the City Clerk a Final Plat of North Fork Trails in the City of
Dubuque, Iowa; and
Whereas, upon said final plat appears a street to be known as Keymont Drive (Lot B), together
with certain public utility, storm sewer, and sanitary sewer easements, and park land (Lot A), which
the owners by said final plat have dedicated to the public forever; and
18
Whereas, the preliminary plat has been examined by the Zoning Advisory Commission and had its
approval endorsed thereon; and
Whereas, said final plat has been reviewed by the City Planner and had her approval endorsed
thereon; subject to the owner’s agreeing to the conditions noted in Section 2 below; and
Whereas, said final plat has been examined by the City Council and they find that it conforms to
the statutes and ordinances relating to it, except that no streets or public utilities have yet been
constructed or installed.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the dedication of Keymont Drive (Lot B) together with park land (Lot A) and the
easements for public utilities, sanitary sewer, and storm sewer, as they appear on said final plat, be
and the same are hereby accepted; and
Section 2. That the Final Plat of North Fork Trails is hereby approved by the Mayor and City Clerk
are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said
final plat, provided the owners of said property herein named, execute their written acceptance hereto
attached agreeing:
(a) To reduce Keymont Drive (Lot B) to grade and to construct concrete curb and gutter and to
hard surface with permeable pavers, all in accordance with the City of Dubuque standard
specifications and supplemental specifications provided by others, all in a manner acceptable to the
City Engineer, in conformance with construction improvement plans approved by the City Engineer,
and inspected by the City Engineer.
(b) To install sanitary sewer mains and sewer service laterals into each individual lot, water mains
and water service laterals into each individual lot, storm sewers and catch basins, boulevard street
lighting and erosion control devices all in accordance with the City of Dubuque standard
specifications, all in a manner acceptable to the City Engineer, and in accordance with construction
improvement plans approved by the City Engineer, and inspected by the City Engineer.
(c) To construct said improvements, prior to two (2) years from the date of acceptance of this
resolution, at the sole expense of the owners, or future owner;
(d) To maintain the public improvements, for a period of two (2) years from the date of the
acceptance of those improvements by the City Council of the City of Dubuque, Iowa, at the sole final
expense of the owners, or future owner;
(e) To maintain the street, except for snow removal and deicing, until 80% (7 lots) of the lots are
improved. Maintenance will consist of routine inspections, sweeping and/or vacuuming any sediment
from the void area or subgrade, adding material to the void area as necessary. Maintenance shall
also include the removal and replacement of pavers, as necessary, to maintain the design gradient
and design cross section of the street.
And, further provided that said 4-ALL, LLC, as owners of said property, shall secure the
performance of the foregoing conditions provided in this Section by providing guarantees in such form
and with such sureties as may be acceptable to the City Manager of the City of Dubuque, Iowa.
Section 3. Sidewalk installation shall be the responsibility of the owner abutting the public rights-of-
way, including lots with multiple frontages, as required by City Code 41-100.
Section 4. Upon the City’s acceptance of the detention facilities, maintenance expenses incurred
by the City of Dubuque for the storm water detention facilities shall be assessed against the lot
owners in all phases of North Fork Trails, in equal amounts, except for lots dedicated to the public.
The City Manager shall certify such costs to the City Clerk, who in turn shall promptly certify such
costs to the Dubuque County Treasurer, and such costs shall then be collected with and in the same
manner as general property taxes in accordance with provisions of law.
Section 5. That the final acceptance of all public improvements shall occur upon certification of the
City Engineer to the City Council that all public improvements have been completed in accordance
19
with the improvement plans and City standard specifications and accepted by City Council
Resolution.
Section 6. That in the event 4-ALL, LLC, fails to execute the acceptance and furnish the
guarantees provided in Sections 2 and 3 hereof within 180 days after the date of this Resolution, the
provisions hereof shall be null and void and the acceptance of the dedication and approval the plat
shall not be effective.
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Passed, approved and adopted this 20 day of April 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
ACCEPTANCE OF RESOLUTION NO. 135-09
I, the undersigned, Charles A. Daoud, representing 4-ALL, LLC, having read the terms and
conditions of the Resolution No. 135-09 and being familiar with the conditions thereof, hereby accept
this same and agree to the conditions required therein.
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Dated in Dubuque, Iowa this 20 day of April 2009.
Charles A. Daoud, 4-ALL, LLC
Project HOPE Logo: City Manager recommending approval of the proposed Project HOPE Logo.
Motion by Connors to receive and file the documents and approve the recommendation. Seconded by
Resnick. Motion carried 7-0.
nd
West 32 Street Detention Basin Public Access: City Manager recommending approval of
nd
changes to the West 32 Street Detention Basin Project to provide limited citizen access to the area
and adding signs to provide information about the purpose of the basin and how it is designed to
function. Motion by Connors to receive and file the documents and approve the recommendation.
Seconded by Braig. Responding to questions from City Council, City Engineer Gus Psihoyos stated
that there are no plans to provide lighting or additional security measures. Psihoyos added that
specific landscaping is planted as a barrier to deter entry to the basin and that the basin has been
designed with a less dangerous slope and to prevent a rushing rise in water. Motion carried 7-0.
Alcohol and Tobacco Violations: City Manager recommending approval of changes to Chapter 5 of
the Code of Ordinances regarding alcohol and tobacco violations to be in compliance with the State
Code. Motion by Jones to receive and file the documents and that the requirement that a proposed
ordinance be considered and voted on for passage at two Council meetings prior to the meeting at
which it is to be passed be suspended. Seconded by Connors. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 21-09 Amending the City of
Dubuque Code of Ordinances Section 5-3 Prohibited Sales and Acts by adding a provision which
prohibits the sale or supplying of alcohol to individuals without exercising reasonable care to ensure
the alcohol is not provided to those under the legal age, Ordinance No. 22-09 Amending the City of
Dubuque Code of Ordinances Chapter 33 by adding Section 33-18 Persons under Legal Age which
prohibits the sale or supplying of tobacco products to persons under eighteen (18) years of age and
33-18A Penalty which provides a fine for such violations, and Ordinance No. 23-09 Amending
Chapter 32 of the City of Dubuque Code of Ordinances by adding Section 32-321.284 Open
Containers In Motor Vehicles – Drivers And Section 32-321.284A Open Containers In Motor Vehicles
- Passengers which prohibit the driver or passenger of a motor vehicle upon a public street from
possessing an unsealed receptacle containing alcoholic beverages. Seconded by Connors. Motion
carried 7-0.
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OFFICIAL PUBLICATION
ORDINANCE NO. 21-09
AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES SECTION 5-3 PROHIBITED
SALES AND ACTS BY ADDING A PROVISION WHICH PROHIBITS THE SALE OR SUPPLYING
OF ALCOHOL TO INDIVIDUALS WITHOUT EXERCISING REASONABLE CARE TO ENSURE
THE ALCOHOL IS NOT PROVIDED TO THOSE UNDER THE LEGAL AGE
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. Section 5-3 of the City of Dubuque Code of Ordinances is amended to read as follows:
Sec. 5-3. Prohibited Sales and Acts.
A person or club holding a liquor license or retail wine or beer permit under this Chapter and the
person's or club's agents or employees shall not do any of the following:
. . . .
(7) Keep on premises covered by a liquor control license any alcoholic liquor in any
container except the original package purchased from the Division and except mixed drinks or
cocktails mixed on the premises for immediate consumption. This prohibition does not apply to
common carriers holding a Class D liquor control license;
(8) Reuse for packaging alcoholic liquor or wine any container or receptacle used originally
for packaging alcoholic liquor or wine; or adulterate, by the addition of any substances, the
contents or remaining contents of an original package of an alcoholic liquor or wine; or
knowingly possess any original package which has been so reused or adulterated; or,
(9) Sell, give, or otherwise supply any alcoholic beverage, wine, or beer to any person,
knowing or failing to exercise reasonable care to ascertain whether the person is under legal
age, or permit any person, knowing or failing to exercise reasonable care to ascertain whether
the person is under legal age, to consume any alcoholic beverage, wine, or beer. Violation of
this Section is punishable as a scheduled violation under Iowa Code Section 805.8C(2).
Section 2. This Ordinance shall take effect on publication.
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Passed, approved and adopted this 20 day of April, 2009.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
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Published officially in the Telegraph Herald Newspaper the 27 day of April, 2009.
/s/Jeanne F. Schneider, CMC, City Clerk
OFFICIAL PUBLICATION
ORDINANCE NO. 22-09
AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES CHAPTER 33 BY ADDING
SECTION 33-18 PERSONS UNDER LEGAL AGE WHICH PROHIBITS THE SALE OR SUPPLYING
OF TOBACCO PRODUCTS TO PERSONS UNDER EIGHTEEN (18) YEARS OF AGE AND 33-18A
PENALTY WHICH PROVIDES A FINE FOR SUCH VIOLATIONS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. Chapter 33 of the City of Dubuque Code of Ordinances is amended by adding thereto
the following new sections:
Section 33-18. Persons under Legal Age.
1. A person shall not sell, give, or otherwise supply any tobacco, tobacco products, or cigarettes
to any person under eighteen (18) years of age.
2. A person under eighteen (18) years of age shall not smoke, use, possess, purchase, or
attempt to purchase any tobacco, tobacco products, or cigarettes.
3. Possession of cigarettes or tobacco products by an individual under eighteen (18) years of age
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does not constitute a violation under this Section if the individual under eighteen (18) years of age
possesses the cigarettes or tobacco products as part of the individual's employment and the
individual is employed by a person who holds a valid permit under the Iowa Code or who lawfully
offers for sale or sells cigarettes or tobacco products.
4. A person shall not be guilty of a violation of this Section if conduct that would otherwise
constitute a violation is performed to assess compliance with cigarette and tobacco products laws if
any of the following applies:
a. The compliance effort is conducted by or under the supervision of law enforcement
officers.
b. The compliance effort is conducted with the advance knowledge of law enforcement
officers and reasonable measures are adopted by those conducting the effort to ensure that
use of cigarettes or tobacco products by individuals under eighteen (18) years of age does not
result from participation by any individual under eighteen (18) years of age in the compliance
effort.
For the purposes of this Subsection, law enforcement officer means a peace officer as defined in
Iowa Code Section 801.4 and includes persons designated under Subsection 4 of this Section to
enforce this Ordinance.
Section 33-18A. Penalty.
1. a. A person, other than a retailer, who violates Section 33-18, Subsection 1, is guilty
of a simple misdemeanor.
b. An employee of a retailer who violates Section 33-18, Subsection 1, commits a simple
misdemeanor punishable as a scheduled violation under Iowa Code Section 805.8C.
2. A person who violates Section 33-18, Subsection 2, is subject to the following, as
applicable:
a. A civil penalty pursuant to Iowa Code Section 805.8C.
b. For a first offense, performance of eight (8) hours of community work requirements,
unless waived by the court.
c. For a second offense, performance of twelve (12) hours of community work
requirements.
d. For a third or subsequent offense, performance of sixteen (16) hours of community work
requirements.
Secs. 33-19 – 33-20. Reserved.
Section 2. This Ordinance shall take effect on publication.
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Passed, approved and adopted this 20 day of April, 2009.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
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Published officially in the Telegraph Herald Newspaper the 27 day of April, 2009.
/s/Jeanne F. Schneider, CMC, City Clerk
OFFICIAL PUBLICATION
ORDINANCE NO. 23-09
AMENDING CHAPTER 32 OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY ADDING
SECTION 32-321.284 OPEN CONTAINERS IN MOTOR VEHICLES – DRIVERS AND SECTION 32-
321.284A OPEN CONTAINERS IN MOTOR VEHICLES - PASSENGERS WHICH PROHIBIT THE
DRIVER OR PASSENGER OF A MOTOR VEHICLE UPON A PUBLIC STREET FROM
POSSESSING AN UNSEALED RECEPTACLE CONTAINING ALCOHOLIC BEVERAGES
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. Chapter 32 of the City of Dubuque Code of Ordinances is amended by adding thereto
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the following new sections:
Sec. 32-321.284. Open Containers in Motor Vehicles – Drivers.
A driver of a motor vehicle upon a public street or highway shall not possess in the passenger area
of the motor vehicle an open or unsealed bottle, can, jar, or other receptacle containing an alcoholic
beverage. Passenger area means the area designed to seat the driver and passengers while the
motor vehicle is in operation and any area that is readily accessible to the driver or a passenger while
in their seating positions, including the glove compartment. An open or unsealed receptacle
containing an alcoholic beverage may be transported in the trunk of the motor vehicle. An unsealed
receptacle containing alcoholic beverage may be transported behind the last upright seat of the motor
vehicle if the motor vehicle does not have a trunk. A person convicted of a violation of this Section is
guilty of a simple misdemeanor punishable as a scheduled violation under the Iowa Code Section
805.8A.
Sec. 32-321.284A. Open Containers in Motor Vehicles – Passengers.
1. A passenger in a motor vehicle upon a public street or highway shall not possess in the
passenger area of the motor vehicle an open or unsealed bottle, can, jar, or other receptacle
containing an alcoholic beverage. Passenger area means the area of amotor vehicle designed to seat
the driver and passengers while the motor vehicle is in operation and any area that is readily
accessible to the driver or a passenger while in their seating positions, including the glove
compartment. An open or unsealed receptacle containing an alcoholic beverage may be transported
in the trunk of the motor vehicle. An unsealed receptacle containing an alcoholic beverage may be
transported behind the last upright seat of the motor vehicle if the motor vehicle does not have a
trunk.
2. This Section does not apply to a passenger being transported in a motor vehicle designed,
maintained, or used primarily for the transportation of persons for compensation, or a passenger
being transported in the living quarters of motor home, manufactured or mobile home, travel trailer, or
fifth-wheel travel trailer.
3. A person convicted of a violation of this Section is guilty of a simple misdemeanor punishable
as a scheduled violation under the Iowa Code Section 805.8A.
Section 2. This Ordinance shall take effect on publication.
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Passed, approved and adopted this 20 day of April, 2009.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
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Published officially in the Telegraph Herald Newspaper the 27 day of April, 2009.
/s/Jeanne F. Schneider, CMC, City Clerk
Operation without Registration and Driver’s License Ordinance: City Manager recommending
approval of modifications to the City Code of Ordinances related to Operation without Registration
and Driver’s License to correspond with the State Code numbering pattern. Motion by Resnick to
receive and file the documents and that the requirement that a proposed ordinance be considered
and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be
suspended. Seconded by Connors.
Motion by Connors for final consideration and passage of Ordinance No. 24-09 Amending the City
of Dubuque Code of Ordinances Section 32-321.98 Operation Without Registration and 32-321.174A
Operator's License – Operation Of Commercial Motor Vehicles by adding provisions which prohibit an
individual from operating a vehicle without registration within the City of Dubuque. Seconded by
Resnick. Motion carried 7-0.
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OFFICIAL PUBLICATION
ORDINANCE NO. 24-09
AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES SECTION 32-321.98 OPERATION
WITHOUT REGISTRATION AND 32-321.174A OPERATOR'S LICENSE – OPERATION OF
COMMERCIAL MOTOR VEHICLES BY ADDING PROVISIONS WHICH PROHIBIT AN
INDIVIDUAL FROM OPERATING A VEHICLE WITHOUT REGISTRATION WITHIN THE CITY OF
DUBUQUE
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. Sections 32-321.98 and 32-321.174A of the City of Dubuque Code of Ordinances are
amended to read as follows:
Secs. 32-321.79 - 32-321.89. Reserved.
ARTICLE IV. DRIVER’S LICENSES
DIVISION I. GENERALLY
Secs. 32-321.90 – 32.321-97. Reserved.
Sec. 32-321.98. Operation without Registration.
A person shall not operate, and an owner shall not knowingly permit to be operated upon any
highway any vehicle required to be registered and titled hereunder unless there shall be attached
thereto and displayed thereon when and as required by this Chapter a valid registration card and
registration plate or plates issued therefore for the current registration year and unless a certificate of
title has been issued for such vehicle except as otherwise expressly permitted in this Chapter. Any
violation of this Section is punishable as a scheduled violation under Iowa Code Section 805.8A.
Secs. 32-321.99 – 32-321.173. Reserved.
Sec. 32-321.174. Operator's License - Operation of Commercial Motor Vehicles.
(a) A person, except those expressly exempted, shall not operate any motor vehicle upon any
street of this city unless the person has a driver's license issued by the department valid for the
vehicle's operation.
(b) A person operating a commercial motor vehicle shall not have more than one driver's license.
A nonresident may operate a commercial motor vehicle in Iowa if the nonresident has been issued a
license by another state, a nonresident commercial driver's license, or a driver's license issued by a
foreign jurisdiction which the Federal Highway Administration has determined to be issued in
conformity with the federal commercial driver testing and licensing standards, if the license,
commercial driver's license, or driver's license is valid for the vehicle operated.
(c) Every licensee shall have an operator or instruction permit in immediate possession at all
times when operating a motor vehicle and shall display the same upon demand of a judicial
magistrate, district associate judge, peace officer, or a field deputy or examiner of the department.
However, no person charged with violating this provision shall be convicted if such person produces
in court, within a reasonable time, an operator or instruction permit theretofore issued to such person
and valid at the time of such person's arrest.
Sec. 32-321.174A. Operation of Motor Vehicle with Expired License.
A person shall not operate a motor vehicle upon a highway in this city with an expired driver's
license.
Section 2. This Ordinance shall take effect on publication.
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Passed, approved and adopted this 20 day of April, 2009.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
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Published officially in the Telegraph Herald Newspaper the 27 day of April, 2009.
/s/Jeanne F. Schneider, CMC, City Clerk
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Sidewalk Installation Program: City Manager recommending approval of an amendment to the
Sidewalk Installation Ordinance to change the effective date and other minor modifications.
Motion by Jones to receive and file the documents and that the requirement that a proposed
ordinance be considered and voted on for passage at two Council meetings prior to the meeting at
which it is to be passed be suspended. Seconded by Connors. Responding to questions from City
Council, City Engineer Gus Psihoyos explained that it was discovered that residential property
owners who were altering the footprint of a structure were not informed of the requirement to install
sidewalks through the building permit process as developers do when submitting site plans through
the Engineering Department. Van Milligen stated that the amendment would take effect upon
publication of the ordinance and would exempt those properties affected prior to discovery of the
oversight and that notice of the amended ordinance will be published in the Telegraph Herald and
letters will be sent to the Board of Realtors, home builders, consultants, architects, and designers to
remind them of the sidewalk installation requirements. Motion failed 5-2 with Lynch and Resnick
voting nay.
Motion by Jones to consider the first reading of a proposed ordinance amending Chapter 41,
Streets, Sidewalks and Public Places, of the City of Dubuque Code of Ordinances by changing
Subsection (a) and (b) and adding a new Subsection 41-100(c) authorizing City Manager to review
appeals. Seconded by Connors. Motion carried 5-2 with Lynch and Resnick voting nay.
COUNCIL MEMBER REPORTS
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Jones reported on the Mayor’s recent proclamation honoring Donna Ginter’s 80 birthday and her
service to the community. Jones acknowledged the passing of Assistant City Clerk Kevin Firnstahl’s
father, Ramon.
Connors reported that the Convention and Visitor’s Bureau has secured Dubuque as the site for
the Iowa League of Cities’ conference in 2013.
PUBLIC INPUT
Keyline Transit Bus Driver Wayne Strohmeyer, 3403 Waller Street, expressed his concerns and
those shared by his colleagues about difficulties they are having with the management of the division
in terms of cutting routes and hours.
Keyline Transit Bus Driver Pat Healy, 227 Bryant Street, reiterated Mr. Strohmeyer’s concerns
adding that the emphasis should be on the needs of the passengers with the knowledge base of long-
term employees.
Assistant City Attorney O’Brien advised that the City Council could not comment so as not to
influence on-going legal proceedings.
CLOSED SESSION
Motion by Jones at 8:15 p.m. to go into closed session regarding pending litigation and property
acquisition pursuant to Chapter 21.5(1)(c)(j) of the Code of Iowa. Seconded by Connors. Motion
carried 7-0.
Upon motion the City Council reconvened in open session at 9:00 p.m. stating that staff had been
given proper direction.
There being no further business, upon motion the City Council adjourned at 9:01 p.m.
/s/Kevin S. Firnstahl, Assistant City Clerk
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