11 2 09 City Council Proceedings Official
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on November 2, 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 Sister Mary Ann Zollman of the Sisters of Charity, BVM Center.
PROCLAMATIONS
Philanthropy Day (November 13, 2009) was accepted by Dan McCarthy, Greater Tri-State
Chapter of the Association of Fundraising Professionals, 1104 N. Clark Lane, Galena, IL; Ruby
Sutton Day (November 15, 2009) was accepted by Ruby Sutton and family, 861 Air Hill Street;
Hospice Month (November, 2009) was accepted by Carole Caroll, Hospice of Dubuque, 2255
John F. Kennedy Road.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as
indicated. Seconded by Connors. Jones requested (#12) Novogradac Community
Development Foundation (NCDF) be held for separate discussion. Motion carried 7-0.
Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 8/25; City
Council of 10/19; Civil Service Commission of 9/8 and 10/6; Environmental Stewardship
Advisory Commission of 10/6; Housing Commission of 8/25; Housing Code Appeals Board of
9/15; Park and Recreation Commission of 10/13
Proofs of publication of City Council Proceedings of October 5, 2009 (Special Meeting and
Regular Session)
Upon motion the documents were received and filed.
Notice of Claims/Suits: Paul M. Olson for vehicle damage; Dan Boge for property damage;
Dan Curler for loss of property; John Ervolino for property damage
Upon motion the documents were received and filed and referred to the City Attorney.
City Attorney advising that the following claims have been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Communities Assurance Pool: Dan Boge for property
damage; Dan Curler for loss of property; Joseph and Dixie Rubino for personal injury
City Attorney recommending settlement of the claim of John Ervolino for property damage
Upon motion the documents were received, filed, and concurred.
Civil Service Commission: Civil Service Commission submitting the certified list for the
position of Equipment Operator I. Upon motion the document was received and filed and made
a Matter of Record.
Northeast Iowa Small Business Development Center: Communication verifying that
Northeast Iowa Community College of Calmar has contributed $10,000 to be made available to
the Northeast Iowa SBDC on July 1, 2008.
Communication verifying that Northeast Iowa Community College of Calmar has contributed
$10,000 to be made available to the Northeast Iowa SBDC on July 1, 2009.
Upon motion the documents were received and filed.
Washington Neighborhood Development Corporation (WNDC): City Manager
recommending approval of a letter of support for a Washington Neighborhood Development
Corporation grant application to the NeighborWorks America organization in the amount of
$150,000. Upon motion the documents were received, filed, and approved.
Cleveland Avenue Reconstruction Project: City Manager recommending acceptance of the
Cleveland Avenue Reconstruction Project as completed by Horsfield Construction, Inc., in the
final contract amount of $1,669,582.56 and adoption of the final schedule of assessments.
Upon motion the documents were received and filed and Resolution No. 426-09 Accepting the
Cleveland Avenue Reconstruction Project – Bryant Street to Villa Street and authorizing
payment of the contract amount to the contractor and Resolution No. 427-09 Adopting the final
assessment schedule for the Cleveland Avenue Reconstruction Project – Bryant Street to Villa
Street Project were adopted.
RESOLUTION NO. 426-09
ACCEPTING THE CLEVELAND AVENUE RECONSTRUCTION PROJECT – BRYANT
STREET TO VILLA STREET AND AUTHORIZING THE PAYMENT OF THE CONTRACT
AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract for the Cleveland Avenue Reconstruction
Project - Bryant Street to Villa Street (the Project) has been completed and the City Engineer
has examined the work and filed a certificate stating that the Project has been completed
according to the terms of the Public Improvement Contract and that the City Engineer
recommends that the Project be accepted; and
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 Finance Director is hereby directed to pay to the Contractor from the Street
Construction Program, Watermain Replacement Program, Street Program Related Sanitary
Sewer Improvements, Cleveland Avenue (Bryant to Villa) Storm Sewer Improvements, and
Fiber Optic Conduit – Paving Projects appropriations for the contract amount of $1,669,582.56
less any retained percentage provided for therein as provided in Iowa Code chapter 573, and
to pay such retainage only in accordance with the provisions of Iowa Code chapter 573.
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Passed, approved and adopted this 2 day of November, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
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CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE CLEVELAND
AVENUE RECONSTRUCTION PROJECT – BRYANT STREET TO VILLA STREET
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has
inspected the Cleveland Avenue Reconstruction Project - Bryant Street to Villa Street, that the
Project has been performed in compliance with the terms of the Public Improvement Contract,
and that the total cost of the completed work is $1,837,702.32.
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Dated this 23 day of October, 2009.
Gus Psihoyos, City Engineer
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Filed in the office of the City Clerk on the 23 day of October, 2009.
Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 427-09
ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE CLEVELAND AVENUE
RECONSTRUCTION PROJECT BRYANT STREET TO VILLA STREET
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
After full consideration, the Final Schedule of Assessments as shown on the attached
sheet(s), Page 1 to Page 2 inclusive, is hereby approved for the Cleveland Avenue
Reconstruction Project - Bryant Street to Villa Street.
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 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 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 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
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Treasurer, City Hall, 50 W. 13 Street, Dubuque, Iowa, at any time within 30 days after the
date of the first notice of the 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 2 day of November, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
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Louise Lane Bridge Reconstruction Project: City Manager recommending acceptance of the
Louise Lane Bridge Reconstruction Project as completed by Jim Schroeder Construction, Inc.,
of Bellevue, Iowa, in the final contract amount of $215,630.30. Upon motion the documents
were received and filed and Resolution No. 428-09 Accepting the Louise Lane Bridge
Reconstruction Project and authorizing payment of the contract amount to the contractor was
adopted.
RESOLUTION NO. 428-09
ACCEPTING THE LOUISE LANE BRIDGE RECONSTRUCTION PROJECT AND
AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract for the Louise Lane Bridge Reconstruction
Project (the Project) has been completed and the City Engineer has examined the work and
filed a certificate stating that the Project has been completed according to the terms of the
Public Improvement Contract and that the City Engineer recommends that the Project be
accepted; and
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 Finance Director is hereby directed to pay to the Contractor from the Louise
Lane Bridge Reconstruction Capital Improvement Project appropriation for the contract amount
of $215,630.30 less any retained percentage provided for therein as provided in Iowa Code
chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code
chapter 573.
nd
Passed, approved and adopted this 2 day of November, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE LOUISE LANE
BRIDGE RECONSTRUCTION PROJECT
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has
inspected the Louise Lane Bridge Reconstruction Project, that the Project has been performed
in compliance with the terms of the Public Improvement Contract, and that the total cost of the
completed work is $273,805.17.
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Dated this 23 day of October, 2009.
Gus Psihoyos, City Engineer
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Filed in the office of the City Clerk on the 23 day of October, 2009.
Jeanne F. Schneider, CMC, City Clerk
Dubuque Regional Humane Society: City Manager communication to The Miccio
Foundation in support of the Dubuque Regional Humane Society’s grant application for
veterinary equipment for a spay and neuter clinic. Upon motion the document was received
and filed.
Renewal Rates – Voluntary Dental Plan: City Manager recommending approval of the
renewal rates for the City’s voluntary dental plan. Upon motion the documents were received,
filed, and approved.
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Legislative Correspondence: Correspondence to Senator Tom Harkin and Senator Charles
Grassley requesting that they cosponsor the Community Restoration and Revitalization Act,
which updates the Historic Tax Credit and would provide greater opportunities for the reuse of
historic and older buildings. Upon motion the documents were received and filed.
Mediacom: Communication from Lee Grassley, Mediacom Senior Manager – Government
Relations, advising of upcoming channel changes. Upon motion the document was received
and filed.
Novogradac Community Development Foundation (NCDF): Notification from the
Novogradac Community Development Foundation (NCDF) that City Manager Michael C. Van
Milligen has been named the Public Executive of the Year. Motion by Jones to receive and file
the document. Seconded by Connors. Council Member Jones congratulated the City Manager
on behalf of the City Council. Motion carried 7-0.
Online Employment Application Vendor: City Manager recommending approval of a contract
with NeoGov to provide enhanced online employee application services. Upon motion the
documents were received, filed, and approved.
KeyLine Transit Board: Communication from John Curtis submitting his resignation from the
KeyLine Transit Board due to his relocation out of State. Upon motion the document was
received and filed and the resignation accepted.
Unified Therapy Services: Communication from Sarah Biedermann, Director of Marketing
and Billing for Unified Therapy Services, thanking the City of Dubuque for their assistance in
making the Autism Speaks run / walk a success. Upon motion the document was received and
filed.
East Central Intergovernmental Association: Communication from Kelley Hutton Deutmeyer,
East Central Intergovernmental Association, thanking the City Council for their approval and
support of the Regional Transit Authority’s request to partner with the City of Dubuque in
providing funds for the Northeast Iowa Community College’s shuttle route. Upon motion the
document was received and filed.
Quarterly Investment Report: City Manager transmitting the September 30, 2009 Quarterly
Investment Report. Upon motion the documents were received and filed.
Community Development Advisory Commission: City Manager recommending approval of
the appointment of Char Eddy as the Housing Commission Liaison to the Community
Development Advisory Commission. Upon motion the documents were received, filed, and
approved.
Liquor License Refund: Request of Beverly Larsen, Denny’s Lux Club, requesting a refund
of her Beer/Liquor License. Upon motion the document was received and filed and the refund
approved.
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. 429-09 Granting the issuance of a Class “C” Beer Permit to Kwik Stop Food Mart; and
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Resolution No. 430-09 Granting the issuance of a Class “C” Beer/Liquor License to Yen Ching,
Aragon Tap and L May; a Special Class “C” Liquor License to HuHot Mongolian Grill; and a
Class “WBN” (Native Wine) License to Dubuque Humane Society Adoption Center and Kwik
Stop Food Mart were adopted.
RESOLUTION NO. 429-09
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 “C” BEER PERMIT
Rainbo Oil Company Kwik Stop Food Mart+(Sunday Sale) 4039 Pennsylvania Avenue
Passed, approved and adopted this 2nd day of November, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 430-09
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 “C” BEER/LIQUOR LICENSE
Hernandez Corporation Yen Ching 926 Main Street
Aragon Tap Inc Aragon Tap +(Sunday Sale) 1103 Iowa Street
L May, Inc L. May+(Sunday & Outdoor Sale) 1072 Main Street
SPECIAL CLASS “C” LIQUOR LICENSE
CCW, LLC Huhot Mongolian Grill+(Sunday Sale) 555 JFK Road
CLASS “WBN”(NATIVE WINE) LICENSE
Dubuque Humane Society Dubuque Humane Society Adoption Center 555 JFK Road
Rainbo Oil Company Kwik Stop Food Mart 4039 Pennsylvania Avenue
Passed, approved and adopted this 2nd day of November, 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.
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Historic Shot Tower Rehabilitation Project – Phase I: Proof of publication on notice of public
hearing to consider the plans and specifications, form of contract and estimated cost for the
Historic Shot Tower Rehabilitation Project – Phase I and City Manager recommending
approval. Motion by Connors to receive and file the documents and adopt Resolution No. 431-
09 Preliminary approval of plans, specifications, form of contract, and estimated cost for the
Historic Shot Tower Rehabilitation Project – Phase I. Seconded by Braig. Motion carried 7-0.
RESOLUTION NO. 431-09
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED
COST FOR THE HISTORIC SHOT TOWER REHABILITATION PROJECT - PHASE I
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 Historic
Shot Tower Rehabilitation Project - Phase I, in the estimated amount $699,762.00, are hereby
approved.
nd
Passed, adopted and approved this 2 day of November, 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
Citizen Request: Request of Lance Knabel, 1971 University, to address the Council
regarding parking in his neighborhood. Mr. Knabel asked City Council to consider changing the
“No Student” parking in front of his house to “Residential Only” parking. After responding to
questions from City Council, City Engineer Gus Psihoyos asked Mr. Knabel to contact the
Engineering Department to consider a Residential Parking Permit District designation for the
area. Motion by Connors to receive and file the document. Seconded by Braig. Motion carried
7-0.
North Fork Catfish Creek Stormwater and Sanitary Sewer Reconstruction Project – Phase
III. City Manager recommending that all bids received for the North Fork Catfish Creek
Stormwater and Sanitary Sewer Reconstruction Project – Phase III be rejected and the project
re-bid at a later date. Motion by Braig to receive and file the documents and adopt Resolution
No. 432-09 Rejecting all competitive bids for the North Fork Catfish Creek Stormwater and
Sanitary Sewer Reconstruction Project – Phase III. Seconded by Voetberg. Motion carried 7-0.
RESOLUTION NO. 432-09
REJECTING ALL COMPETITIVE BID PROPOSALS RECEIVED FOR THE NORTH FORK
CATFISH CREEK STORMWATER AND SANITARY SEWER IMPROVEMENTS PROJECT –
PHASE III
Whereas, competitive sealed bid proposals have been submitted by contractors for the
North Fork Catfish Creek Stormwater and Sanitary Sewer Improvements Project – Phase III
(the Project) pursuant to Resolution No. 390-09 and Notice to Bidders published in a
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newspaper published in the City of Dubuque, Iowa on the 9 day of October, 2009; and
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Whereas, said competitive sealed bid proposals were opened and read on the 22 day of
October, 2009; and
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Whereas, the City Council has deemed it advisable to reject all competitive sealed bid
proposals the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. All of the competitive sealed bid proposals for the North Fork Catfish Creek
Stormwater and Sanitary Sewer Improvements Project – Phase III are hereby rejected.
Section 2. The City Clerk is authorized and instructed to return the bid deposits of the
unsuccessful bidders for North Fork Catfish Creek Stormwater and Sanitary Sewer
Improvements Project – Phase III.
nd
Passed, approved and adopted this 2 day of November, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Bicycle Ordinance: City Manager recommending approval of an ordinance related to the
definition of bicycles which will bring the Code of Ordinances in alignment with State law
updates. 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 Resnick. Motion carried 7-
0.
Motion by Jones for final consideration and passage of Ordinance No. 53-09 Amending the
City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 1 General
Provisions, Section 9-1-321.1 Definitions, by amending the definition of bicycle and motorized
bicycle or motor bicycle. Seconded by Connors. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 53-09
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHICLES
AND TRAFFIC, CHAPTER 1 GENERAL PROVISIONS, SECTION 9-1-321.1 DEFINITIONS,
BY AMENDING THE DEFINITION OF BICYCLE AND MOTORIZED BICYCLE OR MOTOR
BICYCLE
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 9-1-321.1 of the City of Dubuque Code of Ordinances is amended to
read as follows:
9-1-321.1. Definitions.
The following words and phrases, when used in this title shall, for the purpose of this title,
have the meanings respectively ascribed to them in this section:
. . . .
Bicycle:
A. A device having two (2) or more wheels and having at least one (1) saddle or
seat for the use of a rider which is propelled by human power; or
B. A device having two (2) or three (3) wheels with fully operable pedals and an
electric motor of less than seven hundred fifty (750) watts (one (1) horsepower), with a
maximum speed on a paved level surface, when powered solely by such a motor while
ridden, is less than twenty (20) miles per hour.
. . . .
Motorized Bicycle or Motor Bicycle: A motor vehicle having a saddle or a seat for the use
of a rider and designed to travel on not more than three (3) wheels in contact with the
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ground, and not capable of operating at a speed in excess of thirty (30) miles per hour on
level ground unassisted by human power.
. . . .
Section 2. This Ordinance shall take effect upon on publication.
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Passed, approved and adopted the 2day of November, 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 6 day of November, 2009.
/s/Jeanne F. Schneider, CMC, City Clerk
Panhandling Ordinance: City Manager recommending approval of an ordinance which
would prohibit aggressive panhandling in the City of Dubuque. 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. Motion carried 7-0.
Motion by Connors for final consideration and passage of Ordinance No. 54-09 Amending
Title 7 Police, Fire, and Public Safety, Chapter 5 Offenses, Article A General Offenses, of the
City of Dubuque Code of Ordinances by adding a new Section 7-5A-17 Aggressive
Panhandling Prohibited, defining and prohibiting aggressive panhandling, and providing
penalties for the violation thereof. Seconded by Braig. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 54-09
AMENDING TITLE 7 POLICE, FIRE, AND PUBLIC SAFETY, CHAPTER 5 OFFENSES,
ARTICLE A GENERAL OFFENSES, OF THE CITY OF DUBUQUE CODE OF ORDINANCES
BY ADDING A NEW SECTION 7-5A-17 AGGRESSIVE PANHANDLING PROHIBITED
DEFINING AND PROHIBITING AGGRESSIVE PANHANDLING AND PROVIDING
PENALTIES FOR THE VIOLATION THEREOF
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Title 7, Chapter 5, Article A of the City of Dubuque Code of Ordinances is
amended by adding thereto the following new section:
7-5A-17. Aggressive Panhandling Prohibited.
1. Purpose.
a. The purpose of this Ordinance is to ensure unimpeded pedestrian traffic flow, to
maintain and protect the physical safety and well-being of pedestrians, and to otherwise
foster a safe and harassment-free climate in public places in the City of Dubuque.
b. This Ordinance is not intended to limit any person from exercising such person’s
constitutional right to solicit funds, picket, protest, or engage in other constitutionally
protected activity.
2. Definitions. As used in this Ordinance, the following terms shall have the following
meanings, unless the context clearly indicates that a different meaning is intended:
a. Aggressive panhandling means panhandling which demonstrates a specific intent to
induce, solicit, or procure from another goods or money which includes one (1) or more of
the following actions:
i. The touching of the solicited person without the solicited person’s consent;
ii. Blocking the path of travel of the person being solicited;
iii. Blocking the entry or exit of a person being solicited to any vehicle or building;
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iv. Continuing to solicit or request a donation from a person after that person has
refused an earlier request verbally or has ignored the request;
v. Following or remaining alongside a person who, after being solicited, walks away
from the person panhandling and doing the same in a manner that would cause a
reasonably prudent person to feel threatened, intimidated, or fearful;
vi. Making any statement, gesture, or other communication that would cause a
reasonably prudent person to feel threatened, intimidated, or fearful;
vii. Soliciting a person who is in a situation in which it would be obvious to a
reasonably prudent person that the person being solicited would not feel free to
immediately walk away, and shall include, but is not limited to, soliciting the person at any
bus stop, in any public transportation vehicle, in a line waiting for service or admission, or
dining at an outdoor service area;
viii. Soliciting a person within fifty feet (50’) of an automatic teller machine or an
entrance to a bank or similar institution;
ix. Behavior which would deter a reasonably prudent person from passing through
or remaining in or near any thoroughfare, or public place because of fear, concern, or
apprehension caused by such behavior.
b. Automated teller machine means a device, linked to a financial institution’s account
records, which is able to carry out transactions, including, but not limited to, account
transfers, deposits, cash withdrawals, balance inquiries, and mortgage and loan payments.
c. Intimidation means conduct which repeatedly interferes with the free passage of
other persons in or into public places or which demonstrates an attempt to discourage the
free passage of other persons in or into public places.
d. Panhandling means any request for or solicitation of an immediate donation of
money, and includes a request or solicitation to purchase an item for an amount far
exceeding its value and circumstances where a reasonably prudent person would
understand that the purchase is in substance a donation. Panhandling shall not include the
act of passively standing, sitting, or engaging in a musical performance or other street
performance with a sign or other indication that donations are being sought without any
verbal request for a donation other than in response to an inquiry by another person.
e. Public place means any area generally visible to public view and includes streets,
right-of-ways, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots,
communication facilities, transportation facilities, and buildings open to the general public
including those which serve food or drink or provide entertainment, and the doorways,
entrances, or other openings in buildings or dwellings and the grounds enclosing them.
f. Threats mean statements, gestures, or other forms of communication which a
reasonably prudent person would perceive as intending to result in the procurement of
money or goods by intimidation or coercion.
3. Prohibited Acts.
a. It shall be unlawful for any person, either individually or as part of a group, to engage
in aggressive panhandling in any public place.
b. It shall be unlawful for two (2) or more persons to intentionally work in concert to
commit acts that would constitute aggressive panhandling if those acts were performed by a
single individual.
c. To constitute a violation of this Section the violator’s conduct must be such as to
demonstrate a specific intent to induce, solicit, or procure from another goods or money.
4. Penalty. A violation of this Section may be prosecuted as a criminal or civil matter, and
upon conviction an individual is subject to a penalty and other relief in accordance with
Sections 1-4-1 and 1-4-2 of the Code of Ordinances.
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5. Severability. If any of the provisions of this Ordinance are for any reason deemed illegal
or void, then the lawful provisions of this Ordinance, which are separable from said unlawful or
void provisions, shall be and remain in full force and effect, the same as if this Ordinance
contained no illegal or void provisions.
Section 2. This Ordinance shall take effect upon publication.
nd
Passed, approved and adopted the 2 day of November, 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 6 day of November, 2009.
/s/Jeanne F. Schneider, CMC, City Clerk
February 15, 2010 City Council Meeting: City Manager recommending that the City Council
meeting scheduled for Tuesday, February 16, 2010 be changed to Monday, February 15, 2010
(President’s Day). 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. Motion
carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 55-09 Changing the
date for the second regular City Council meeting in February 2010 from February 16, 2010 to
February 15, 2010. Seconded by Braig. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 55-09
CHANGING THE DATE FOR THE SECOND REGULAR CITY COUNCIL MEETING IN
FEBRUARY 2010 FROM FEBRUARY 16, 2010 TO FEBRUARY 15, 2010
Section 1. Sec. 2-33. Types of meetings, of the City of Dubuque Code of Ordinance
notwithstanding, the second regular City Council meeting in February 2010 shall be held on
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the 15 day of February.
Section 2. This Ordinance shall take effect upon publication.
nd
Passed, approved and adopted the 2 day of November, 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 6 day of November, 2009.
/s/Jeanne F. Schneider, CMC, City Clerk
COUNCIL MEMBER REPORTS
Resnick encouraged citizens to vote on November 3, 2009.
There being no further business, upon motion the City Council adjourned at 7:23 p.m.
/s/Jeanne F. Schneider, CMC
City Clerk
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