10 15 07 City Coucil Proceedings Official
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
OFFICIAL
The City Council met in regular session at 6:30 p.m. on October 15, 2007, in the Historic
Federal Building.
Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, City
Manager Van Milligen, City Attorney Lindahl
Mayor Buol read the call and stated this is a regular session called for the purpose of
discussing such matters which may properly come before the Council.
INVOCATION
Invocation was provided by Pastor Christopher English, Third Presbyterian Church
PROCLAMATIONS
Toastmasters Day (October 22, 2007) was accepted by William Kuttler, 22641 Starview
Drive, and Kelly Nielson; Veterans Appreciation Day (October 31, 2007) was accepted by
Eileen LeMay and Eric Fitzpatrick of Iowa Workforce Development, 590 Iowa Street; Disability
Employment Awareness Month (October, 2007) was accepted by Jean Wuertzer of Area
Residential Care, 2455 Kerper Blvd.; Save for Retirement Week (October 21–27, 2007) was
accepted by Personnel Director Randy Peck; and Be a Santa to a Senior Month (November,
2007).
PRESENTATION
A gift from the Mayor of Handan was presented to the Mayor of Dubuque by Dick Landis,
2390 Clark Crest Drive, and Dirk Voetberg, 779 University Avenue.
CONSENT ITEMS
Motion by Cline to receive and file the documents and dispose of as indicated. Seconded by
Lynch. Tom Welu of 2602 Broadway and Council Members Braig and Cline requested (#3)
Contract for Eagle Point Bluff Tree Removal and Stabilization Project be held for separate
discussion. Council Members Cline and Connors requested (#11) Purchase of Property at
Entrance to Eagle Point Park be held for separate discussion. Motion carried 7-0.
Minutes and Reports Submitted: City Council of 10/1 and 10/8; Civil Service Commission of
9/11 and 9/17; Historic Preservation Commission of 9/20; Human Rights Commission of 9/4
and 9/10; Transit Trustee Board of 9/13; Zoning Advisory Commission of 10/3; Zoning Board of
Adjustment of 9/27
Proof of publication of City Council Proceedings of September 17 and 19, 2007 and List of
Claims and Summary of Revenues for month ending August 31, 2007. Upon motion the
documents were received and filed.
Notice of Claims/Suits: Kurt Becker for animal injury; Tina L. Cantu for vehicle damage;
Agnes M. Decker for property damage; Neil Kelley for property damage; HSBC Mortgage
Services, Inc. vs. Daniel C. Kalloway, City of Dubuque, et al; Jonathan Barz for property
damage; Rhonda Gassman for vehicle damage; Leonard Diederichs for property damage;
Pearl Dubler 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: Neil E. Kelley for
property damage; Agnes M. Decker for property damage; Pearl L. Dubler for property damage;
Leonard Diederichs for property damage; Jonathan Barz for property damage; Rhonda
Gassman for property damage.
City Attorney recommending approval of the claim of Tina Cantu for vehicle damage. Upon
motion the documents were received, filed, concurred, and directed to the Finance Department
for issuance of payment.
Contract for the Eagle Point Bluff Tree Removal and Stabilization Project: City Manager
recommending award of the contract for the Eagle Point Bluff Tree Removal and Stabilization
Project to Hi-Tech Rockfall Construction, Inc. in the amount of $100,300.00. Motion by Cline to
receive and file the documents and approve. Seconded by Braig. Tom Welu, 2602 Broadway,
asked if taxpayers would be reimbursed since the developer caused the problem. City Attorney
Lindahl said that Council directed the work to be done and would seek reimbursement from the
responsible party. Braig provided a history of the project and read a staff memo for background
saying that the project will happen using taxpayer money, but the City will try to recover it.
Cline said that the City has been dealing with this since May 2005 and is doing it for safety
reasons. Motion carried 7-0.
North Fork Catfish Creek Interceptor Sewer Project: City Manager recommending
authorization to submit an application for FEMA Hazard Mitigation Grant Program funds for the
sanitary sewer improvements associated with the North Fork Catfish Creek Sanitary and
Stormwater Drainage Improvements Project. Upon motion the documents were received and
filed and Resolution No. 506-07 Authorizing the submission of an application for Hazard
Mitigation Grant Program funds for the sanitary sewer improvements associated with the North
Fork Catfish Creek Sanitary and Stormwater Drainage Improvements Project was adopted.
RESOLUTION NO. 506-07
AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR HAZARD MITIGATION
GRANT PROGRAM FUNDS FOR THE SANITARY SEWER IMPROVEMENTS ASSOCIATED
WITH THE NORTH FORK CATFISH CREEK SANITARY AND STORMWATER DRAINAGE
IMPROVEMENTS PROJECT
Whereas, the Iowa Department of Homeland Security & Emergency Management has
announced the availability of Hazard Mitigation Grant Program (HMGP) funds.
Whereas, the sanitary sewer improvements associated with the North Fork Catfish Creek
Sanitary and Stormwater Drainage Improvements Project are eligible activities for HMGP
funding.
Whereas, the Iowa Department of Homeland Security & Emergency Management has
invited the City to submit a formal application for HMGP Project grant funding for the project.
Whereas, the HMGP requires fifteen percent (15%) local matching funds.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
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Section 1. That the submission of an application for Hazard Mitigation Grant Program
(HMGP) funds for the sanitary sewer improvements associated with the North Fork Catfish
Creek Sanitary and Stormwater Drainage Improvements Project is hereby authorized.
Section 2. That the City of Dubuque agrees to allocate the local matching funds as required
by the HMGP.
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Passed, approved and adopted this 15 day of October, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Iowa Department of Public Health (IDPH) Childhood Lead Poisoning Funding: City Manager
recommending execution of a contract with the Dubuque County Board of Health for continued
funding of the Childhood Lead Poisoning Prevention Program (CLPPP) and a renewed
agreement with the Visiting Nurse Association (VNA) for services related to the CLPPP. Upon
motion the documents were received, filed, and approved.
Isaac Hanna Subdivision – Final Plat: Zoning Advisory Commission recommending approval
of the final plat of Isaac Hanna Subdivision as requested by Isaac Hanna, LLC / George Isaac.
Upon motion the documents were received and filed and Resolution No. 507-07 Approving the
final plat of Isaac Hanna Subdivision in the City of Dubuque, Iowa, was adopted.
RESOLUTION NO. 507-07
A RESOLUTION APPROVING THE FINAL PLAT OF ISAAC HANNA SUBDIVISION IN THE
CITY OF DUBUQUE, IOWA.
Whereas, there has been filed with the City Clerk the Final Plat Of Isaac Hanna Subdivision
in the City of Dubuque, Iowa; and
Whereas, upon said final plat appears certain public utility easements, which the owners by
said final plat have dedicated to the public forever; and
Whereas, the final plat has been examined by the Zoning Advisory Commission and had its
approval endorsed thereon; 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 public utilities have yet been
constructed or installed; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the dedication of easements for public utilities as they appear upon said
final plat, be and the same are hereby accepted; and
Section 2. That the Final Plat Of Isaac Hanna Subdivision 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 final plat, provided the owners of said property herein named,
execute their written acceptance hereto attached agreeing:
a. To install sanitary sewer mains and sewer service laterals into each individual lot,
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.
b. To construct a storm water detention facility in a manner acceptable to the City
Engineer in accordance with the City of Dubuque standard specifications, in
accordance with construction improvement plans approved by the City Engineer,
and inspected by the City Engineer.
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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 of Dubuque, Iowa, at the sole
expense of the owners, or future owner;
And further provided that said Isaac Hanna, LLC, as owner 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 41-161 through
41-164. The responsibility shall extend to all successors, heirs and assignees. Sidewalk
installation will not be required until curb and gutter has been constructed on Old Highway
Road and recommended by the City Council.
Section 4. The installation of water service laterals into each lot and payment of water
connection fees shall be the responsibility of the owner of the lot. This responsibility shall
extend to all successors, hairs and assignees.
Section 5. That the developer will maintain the detention facility constructed as part of Isaac
Hanna Subdivision until it has been fully completed and 75% of the sum of the platted lots in
the entire Isaac Hanna Subdivision are fully developed and the remaining 25% of these lots
have installed adequate erosion control measures as approved by the City. Upon the City’s
acceptance of the detention facility, the maintenance expenses incurred by the City of
Dubuque for the storm water detention facility (Lot A) shall be assessed against the lot owners
of Isaac Hanna Subdivision, in equal amounts, excluding Lot A, and 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 provision of law.
Section 6. 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 with the improvement plans and City Standards and Specifications and accepted
by City Council resolution.
Section 7. In the event the owner shall fail to execute the acceptance and furnish the
guarantees provided in Section 2 hereof within 180 days after the date of this resolution, the
provision hereof shall be null and void and the acceptance of the dedication and approval of
the plat shall not be effective.
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Passed, approved and adopted this 15 day of October 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
ACCEPTANCE OF RESOLUTION NO. 507-07
I, George Isaac, the undersigned, representing Isaac Hanna, LLC, having read the terms
and conditions of the Resolution No. 507-07 and being familiar with the conditions thereof,
hereby accept this same and agree to the conditions required therein.
Dated this 7th day of February 2008.
/s/ George Isaac
Fifth and White Streets – Plat of Survey: Zoning Advisory Commission recommending
approval of the Plat of Survey of Fifth and White Streets as requested by the City of Dubuque.
Upon motion the documents were received and filed and Resolution No. 508-07 Approving the
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Plat of Survey of Lot 1-1 and Lot 2-1 of a part of Lot 1 of Milwaukee Industrial Tract No. 1 was
adopted.
RESOLUTION NO. 508-07
RESOLUTION APPROVING THE PLAT OF SURVEY OF LOT 1-1 AND LOT 2-1 OF A PART
OF LOT 1 OF MILWAUKEE INDUSTRIAL TRACT NO. 1
Whereas, there has been filed with the City Clerk a Plat of Survey of Lot 1-1 and Lot 2-1 of a
Part of Lot 1 of Milwaukee Industrial Tract No. 1 in the City of Dubuque; and
Whereas, said Plat of Survey has been examined by the Zoning Advisory Commission and
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 thereto.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Section 42-19(b) of the Subdivision Regulations is waived to allow Lot 2-1 to
have 0 feet of frontage, where 50 feet of lot frontage is required and 828 square feet of lot
area, where 5,000 square feet of lot area is required.
Section 2. That the Plat of Survey of Lot 1-1 and Lot 2-1 of a Part of Lot 1 of Milwaukee
Industrial Tract No. 1 is hereby approved and the Mayor and City Clerk are hereby is
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 15 day of October 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Claussen Place – Plat of Plat: Zoning Advisory Commission recommending approval of the
Plat of Survey of Claussen Place located north of the Lenox Street / Pennsylvania Avenue
intersection as requested by William Burger / Paul and Cathleen Claussen. Upon motion the
documents were received and filed and Resolution No. 509-07 Approving the Plat of Survey of
Claussen Place was adopted.
RESOLUTION NO. 509- 07
APPROVING THE PLAT OF SURVEY CLAUSSEN PLACE
Whereas, there has been filed with the City Clerk a Plat of Survey Claussen Place in the
City of Dubuque; and
Whereas, said Plat of Survey has been examined by the Zoning Advisory Commission and
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 thereto.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Section 42-19(b) of the Subdivision Regulations is waived to allow Lot 1 and
Lot 2 to have 0 feet of frontage, where 50 feet of lot frontage is required and Lot 2 to have
1,742 square feet of lot area, where 5,000 square feet is required.
Section 2. That the Plat of Survey Claussen Place is hereby approved and the Mayor and
City Clerk are hereby is 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 15 day of October 2007.
Roy D. Buol, Mayor
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Attest: Jeanne F. Schneider, City Clerk
Tax Appeal – Notice of Voluntary Settlement: Corporation Counsel submitting a Notice of
Voluntary Settlement and Stipulation of Settlement of a tax assessment appeal by Kathryn
Dean. Upon motion the documents were received, filed, and approved.
Giese Properties, LLC: Communication from Brian J. Kane, Counsel for Giese Properties,
LLC, advising that the Giese Properties, LLC have complied with the provisions of the March 4,
2002 Development Agreement and requesting written acknowledgement thereof from the City.
Upon motion the documents were received and filed and referred to the City Manager.
Purchase of Property at Entrance to Eagle Point Park: City Manager recommending
approval of a purchase agreement for a piece of property at the entrance to Eagle Point Park.
Motion by Connors to receive and file the documents and approve. Seconded by Jones.
Motion carried 7-0.
Delta Queen: Communication from David Tschiggfrie, 2723 Shetland Court, requesting that
City Council urge Congress to provide for the permanent exemption of the steamer Delta
Queen from the provisions of the Safety of Life at Sea Act of 1966. Upon motion the
documents were received and filed and referred to the City Manager.
1552 Maple Street - Purchase of Property: City Manager recommending approval of the
purchase of a residential dwelling located at 1552 Maple Street, as part of the acquisition
program associated with the Bee Branch Creek Restoration Project. Upon motion the
documents were received and filed and Resolution No. 510-07 Approving the acquisition of
real estate located at 1552 Maple Street in the City of Dubuque was adopted.
RESOLUTION NO. 510-07
A RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 1552
MAPLE STREET, IN THE CITY OF DUBUQUE
WHEREAS, the City of Dubuque intends to acquire certain properties located in the area of
the Bee Branch Creek Restoration Project for stormwater mitigation activities as recommended
in the 2001 HDR “Drainage Basin Master Plan;” and
WHEREAS, a purchase agreement has been finalized with the owner of the twenty-ninth
property scheduled for acquisition.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque hereby approves the acquisition of the following legally
described property: Lot three hundred eighteen (318) in East Dubuque No. 2 Addition to the
City of Dubuque, Iowa, according to the recorded plat thereof. At the cost of Eighty five
thousand dollars ($85,000).
Section 2. That the City of Dubuque be and is hereby authorized to accept a Quit Claim
deed from the owner, conveying the owner’s interest to the City of Dubuque, Iowa for the
herein described real estate.
Section 3. That the City Clerk be and she is hereby authorized and directed to cause said
Quit Claim Deed to be recorded in the office of the Dubuque County Recorder, together with
certified copy of the Resolution.
Section 4. That the City Clerk be and she is hereby directed to forward a copy of this
Resolution to the Dubuque County Assessor and the Dubuque County Auditor.
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Passed, approved, and adopted this 15 day of October, 2007.
Roy D. Buol, Mayor
Attest: Jeanne Schneider, CMC, City Clerk
America’s River Festival Funding: City Manager recommending approval of a contribution of
$12,500 to the 2007 America’s River Festival. Upon motion the documents were received,
filed, and approved.
Passenger Rail Service: Communication from the Historic Preservation Commission in
support of the Envision 2010 initiative of passenger rail service between Dubuque and
Chicago, Illinois. Upon motion the documents were received and filed.
Iowa Department of Transportation: Notification from the Iowa Department of Transportation
advising that the DOT proposes to let a steel girder repair project for the bridge that carries
Grandview Avenue over US 52 within the City of Dubuque. Upon motion the documents were
received and filed.
Medical Claims Audit and Operational Review Services: City Manager recommending
approval of an agreement between the City of Dubuque and Fairfield and Associates for
medical claims audit and operational review services. Upon motion the documents were
received, filed, and approved.
Municipal Ramp Hourly Rates: City Manager recommending approval of rate adjustments in
the municipal parking ramps which are now possible with the installation of the new parking
equipment. Upon motion the documents were received, filed, and approved.
Improvement Contracts / Performance, Payment and Maintenance Bonds: Upon motion the
documents were received and filed and Resolution No. 511-07 Approving public improvement
contracts and bonds for the 2007 Sewer CIPP Lining Project and Clear Well Renovation
Project was adopted.
RESOLUTION NO. 511-07
APPROVING PUBLIC IMPROVEMENT CONTRACTS AND BONDS
Whereas, the City Council has awarded the following public improvement contracts:
1. By Resolution No. 412-07, Public Improvement Contract for the 2007 Sewer CIPP Lining
Project to Visu-Sewer Clean and Seal, Inc.; and
2. By Resolution No. 448-07, Public Improvement Contract for the Clear Well Renovation
Project to Tricon General Construction; and
Whereas, the Contractors have submitted the attached executed Public Improvement
Contracts and bonds.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The Public Improvement Contracts and bonds attached hereto are hereby approved.
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Passed, approved and adopted this 15 day of October, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Business Licenses: City Manager recommending approval of annual liquor license renewals
as submitted. Upon motion the documents were received and filed and Resolution No. 512-07
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Granting the issuance of a Class B Beer Permit to Happy Joe’s Pizza; and Class C Beer
Permit to Big 10 Mart, Puff n Snuff, and Aldi, Inc.; and Resolution No. 513-07 Granting the
issuance of a Class C Beer/Liquor License to Rainbow Lounge, The Grand Tap, Fountain Park
Event Center, Joey’s Seafood & Grill, Dog House Lounge, Europa Haus Restaurant, and
Channel Inn; Special Class C Liquor License to Café Manna Java and Grape Harbor; and
Class B Wine Permit to Aldi, Inc., were adopted.
RESOLUTION NO. 512-07
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
J & P O’Hara, Inc. Happy Joe’s Pizza Parlor/Ice Cream+(Sunday Sale) 855 Century Dr.
CLASS “C” BEER PERMIT
Molo Oil Company Big 10 Mart Car Wash+(Sunday Sale) 1875 JFK Rd.
Molo Oil Company Puff n Snuff+(Sunday Sale) 1101 Rhomberg Ave
Aldi, Inc Aldi, Inc #30+(Sunday Sale) 2160 Holliday Dr
Passed, approved and adopted this 15th day of October, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 513-07
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
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DAMA Corp. Rainbow Lounge+(Sunday Sale) 36 W 4 St.
James Kohl The Grand Tap+(Sunday Sale) 802 Central Ave
Fountain Park Event Fountain Park Event Center+(Sunday/Outdoor 2728 Asbury Rd.
Center Sale)
Freihage Enterprises Joey’s Seafood & Grill+(Sunday/Outdoor Sale) 2515 NW Arterial
Dog Gone, Inc. Dog House Lounge+(Sunday/Outdoor Sale) 1646 Asbury Rd.
Europa Haus, Inc. Europa Haus Restaurant & Bierstube 1301 Rhomberg
Ave.
Carolyn Fonck Channel Inn+(Sunday Sale) 2010 ½ Kerper Blvd.
SPECIAL CLASS “C” LIQUOR LICENSE
Café Manna Java LLC Café Manna Java+(Sunday/Outdoor Sale) 269 Main St.
Carroll’s Wine Com. Grape Harbor+(Sunday Sale) 123 Main St.
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CLASS “B” WINE
Aldi, Inc Aldi, Inc. # 30 2160 Holliday Dr.
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Passed, approved and adopted this 15 day of October, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
BOARDS/COMMISSIONS
An application to the following Commission was reviewed: Housing Advisory Trust Fund.
One 3-year at-large term through August 8, 2010 – Term of Walsh. Applicant: John Walsh
Appointment to the following Boards/Commissions: Building Code Board of Appeals: One 3-
year at-large expired term through August 8, 2008 – Term of Gudenkauf. Applicant: Ronald
Jahns. Motion by Michalski to appoint Ronald Jahns to a 3-year at-large expired term through
August 8, 2008. Seconded by Connors. Motion carried 7-0.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone to address the City Council.
English Ridge Subdivision – Request to Rezone: Proof of publication on notice of hearing to
consider rezoning property located east of Stone Valley Drive on the west side of English Mill
Road from C-3 General Commercial District to R-1 Single-Family Residential District as
requested by Larry McDermott / English Ridge LLC, and Zoning Advisory Commission
recommending approval. 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.
Larry McDermott, 14907 Hwy 20 West spoke in favor of the proposed ordinance saying he has
agreed to the conditions set by the Zoning Advisory Commission including a park, no access to
collector street, and sewer. McDermott said that the conditions have put home pricing over the
top and he is having to rethink the project or sell. He has experienced loss of property and
construction costs and moderate homes are being priced out. This is a multi-million dollar
project that he has been working with the City on since February. Planning Services Manager
provided a staff report and noted only one letter of objection was received.
Motion by Connors for final consideration and passage of Ordinance No. 52-07 Amending
Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by
reclassifying hereinafter described property located east of Stone Valley Drive from C-3
General Commercial District to R-1 Single-Family Residential District. Seconded by Braig.
Motion carried 7-0
OFFICIAL PUBLICATION
ORDINANCE NO. 52-07
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES, BY RECLASSIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED EAST OF STONE VALLEY DRIVE FROM C-3 GENERAL
COMMERCIAL DISTRICT TO R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
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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 c-3
General Commercial District to R-1 Single-Family Residential District, to wit: Commencing at
the southeast corner of the NW ¼ NW ¼ Section 5, T88N, R2E, the point of beginning; thence
°
South 89 8' 57" West a distance of 635.25 feet along the South line of said NW ¼ NW ¼
°
Section 5 to the centerline of a natural gas pipeline easement; thence North 21 45' 7" East a
distance of 1039.99 feet along the centerline of said pipeline easement; thence continuing
northeasterly along said centerline on an arc with a radius of 210 feet and a length of 222.61
°
feet, having a chord bearing North 52 7' 12" East and a length of 212.33 feet; thence
°
North 82 29' 16" East a distance of 87.58 feet along said centerline to the Easterly line of the
°
NW ¼ NW ¼ Section 5, T88N, R2E; thence South 0 14' 33" West a distance of 57.52 feet
along said East line of NW ¼ NW ¼ Section 5, to the Northwest corner of the S ½ NE ¼ NW ¼
°
Section 5; thence continuing South 0 14' 33" West a distance of 1040.82 feet along the
easterly line of said NW ¼ NW ¼ Section 5 to the point of beginning containing 10.40 acres
more or less, and to the center line of the adjoining public right-of-way, all in the City of
Dubuque, Iowa.
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 15 day of October, 2007.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
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Published officially in the Telegraph Herald the 19 day of October, 2007.
/s/Jeanne F. Schneider, CMC, City Clerk
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Nicole Ehlinger / Kress Industrial Facility LLC – Request to Rezone: Proof of publication on
notice of hearing to consider rezoning property located on Seippel Road from R-1 Single-
Family Residential District to CS Commercial Service and Wholesale District as requested by
Nicole Ehlinger / Kress Industrial Facility LLC and Zoning Advisory Commission recommending
approval. 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.
Toby Kress, 12998 English Mill Road, agreed to the list of conditions by the Zoning Advisory
Commission. Planning Services Manager Laura Carstens provided a staff report. Diane
Brehm, 1248 Cottingham Road, spoke in opposition to the proposed ordinance saying it was a
back door to other uses.
Motion by Connors for final consideration and passage of Ordinance No. 53-07 Amending
Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by
reclassifying hereinafter described property located near the southeast corner of Seippel Road
and Old Highway Road from R-1 Single-Family Residential District to CS Commercial Service
District with conditions. Seconded by Lynch. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 53-07
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED NEAR THE SOUTHEAST CORNER OF SEIPPEL ROAD AND OLD
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HIGHWAY ROAD FROM R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT TO CS
COMMERCIAL SERVICE DISTRICT WITH CONDITIONS.
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 CS Commercial Service District with conditions, to wit: Lot
1 of 2 of 2 of the SW-NW Section 31, and to the centerline of the adjoining public right-of-way,
all in the City of Dubuque, Iowa.
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 15 day of October, 2007.
/s/Roy D. Buol, Mayor:
Attest: Jeanne F. Schneider, CMC, City Clerk
MEMORANDUM OF AGREEMENT
Pursuant to the Iowa Code Section 414.5 (2005), and as an express condition of rezoning of
the property described as: Lot 1 of 2 of 2 of the SW-NW Section 31, and to the centerline of
the adjoining public right-of-way, all in the City of Dubuque, Iowa.
which is the subject of Ordinance No. 53-07, a copy of which is attached hereto and
incorporated herein by reference, the undersigned property owners, agree to the following
conditions, all of which the property owner further agrees are reasonable and are imposed to
satisfy public needs which are caused directly by the rezoning:
A) Conditions
1) That uses 17 – Auto Service Centers, 19 – Auto Repair/Body Shop, 20 – Truck
Sales/Service Repair, 21 – Farm Implements, Sales and Service, 31 – Freight
Transfer Facilities; 32 – Fuel/Ice Dealers and Manufacturing, 33 – Agricultural
Supply Sales, 37 – Engine/Motor Sales, Service and Repair, 38 – Refrigeration
Equipment and Supply, Sales and Service; 40 – Welding Services; 41 – Animal
Hospital/Clinic; and 42 – Kennel, be eliminated from the list of permitted uses in
the CS District.
2) That a 50-foot buffer be provided along the residentially-zoned property line.
3) That a vegetative buffer be provided along the residentially-zoned property line as
per City Landscaping and Screening requirements.
4) That the entire site shall be fenced and secured with a gated entrance.
5) That on-site storm water detention be required.
6) That all vehicle use areas be paved.
7) That the hours of operation be limited from 6:00 a.m. to 10:00 p.m.
8) That any new outdoor lighting fixture shall utilize cut-off luminaries.
B) Reclassification of the Subject Property. The City of Dubuque, Iowa may initiate zoning
reclassification proceedings to the District (which rezoning will include the removal of
the performance standards in Section A above) if the property owner fails to complete
any of the conditions or provisions of this Agreement.
C) Modifications. Any modifications of this Agreement shall be considered a zoning
reclassification and shall be subject to the provisions of the Zoning Ordinance governing
zoning reclassifications. All such modifications must be approved by the City Council of
Dubuque, Iowa.
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D) Recording. A copy of this Agreement shall be recorded with the Dubuque County
Recorder as a permanent record of the conditions accepted as part of this rezoning
approval within ten (10) days of the adoption of Ordinance No. 53-07.
E) Construction. This Agreement shall be construed and interpreted as though it were part
of Appendix A of the Code of Ordinances of the City of Dubuque, also known as the
Zoning Ordinance of the City of Dubuque, Iowa.
F) This Agreement shall be binding upon the undersigned and his/her heirs, successor and
assignees.
ACCEPTANCE OF ORDINANCE NO. 53-07
I, Toby Kress, Kress Industries, LLC, having read the terms and conditions of the
foregoing Ordinance No. 53-07 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 15 day of October, 2007.
/s/Toby Kress, Kress Industries, LLC
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Published officially in the Telegraph Herald Newspaper the 19 day of October, 2007.
/s/Jeanne F. Schneider, CMC, City Clerk
1t 10/19
427 / 429 Rhomberg Avenue – Request to Rezone: Proof of publication on notice of hearing
to consider rezoning property located at 427 / 429 Rhomberg Avenue and Parcel #10-24-216-
012 from R-2 Two-Family Residential District to OC Office Commercial District and C-3
General Commercial District as requested by Rich Billmeyer / John Mihalakis and Zoning
Advisory Commission recommending denial. Motion by Connors to receive and file the
documents and concur with the denial. Seconded by Cline. David Schmitt, 2242 Central
Avenue, and owner of Easy Street, 431 Rhomberg Avenue, spoke in favor of the proposed
ordinance saying it put the property back to conforming and that the area is 90% commercial.
He said that they have had zero infractions. Michalski referenced a petition that noted lots of
problems. Schmitt said they have an outdoor liquor service license and are expanding it
without music. He has talked to neighbors who signed the petition but told him they did not
object so he was surprised at the opposition. Lynch raised the issue of increased security
Schmitt stated the exits are monitored and a solid fence has been constructed to contain noise.
Cline questioned whether the addresses on the petition are those directly affected. Teresa
Caldwell, 1633 Elm Street, spoke on behalf of the Washington Neighborhood Association
stating that they voted unanimously in opposition to the rezoning. Mary Westemeyer, 2013
Kniest Street said that she is worried about noise from the business usually during the summer
when the windows are open. There is also the problem of broken bottles and glasses.
Westemeyer said that P.J.’s bar closes around 11:00 p.m. and does not cause problems. She
commented that if the property in question is sold, anything could go in. Linda Green, 421
Rhomberg, said there is a lot of noise and she can’t sit out on her front porch. The business
holds battle of the bands and there is no room for parking. She believes the area is residential
and should stay that way. Upon rebuttal, Schmitt said that it is a highly commercial area, and
he is trying to do the right thing. He has received permission to use the Hardee’s parking lot
and noted that there are only two private residences on [that section] of Elm Street and the
remainder is commercial. Cline said that things could change but the Council needs to look out
for residential otherwise they are doing a disservice to those who live there now. She
suggested they wait a couple of years and see what happens. Connors commented that
Caldwell was supporting neighbors to the north and it is the City’s initiative to support the
Washington Neighborhood. She commended the Zoning Advisory Commission for their review.
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Michalski stated that bars in residential areas do not work. Planning Services Manager Laura
Carstens and Zoning Advisory Commission Vice Chair Jeff Stiles provided a staff report.
Motion to concur with the denial carried 7-0.
General Obligation Refunding Bonds: Proof of publication on notice of hearing to consider
the issuance of not to exceed $3,585,000 General Obligation Refunding Bonds, the
advertisement of bonds for sale, and the form of Notice of Bond Sale and City Manager
recommending approval. Motion by Cline to receive and file the documents and adopt
Resolution No. 514-07 Instituting proceedings to take additional action for the issuance of not
to exceed $3,585,000 General Obligation Refunding Bonds. Seconded by Connors. Motion
carried 7-0.
RESOLUTION NO. 514-07
RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE
ISSUANCE OF NOT TO EXCEED $3,585,000 GENERAL OBLIGATION REFUNDING
BONDS
WHEREAS, pursuant to notice published as required by law, this Council has held a public
meeting and hearing upon the proposal to institute proceedings for the issuance of not to
exceed $3,585,000 General Obligation Refunding Bonds for the essential corporate purpose of
paying costs of refunding and refinancing of certain outstanding City indebtedness, consisting
of the General Obligation Bonds, Series 2000C, dated November 1, 2000, and has considered
the extent of objections received from residents or property owners as to the proposed
issuance of Bonds; and, accordingly the following action is now considered to be in the best
interests of the City and residents thereof:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That this Council does hereby institute proceedings and take additional action for
the sale and issuance in the manner required by law of not to exceed $3,585,000 General
Obligation Refunding Bonds for the foregoing essential corporate purpose.
Section 2. The Clerk is authorized and directed to proceed on behalf of the City with the
sale of Bonds, to select a date for the sale thereof, to cause to be prepared such notice and
sale information as may appear appropriate, to publish and distribute the same on behalf of the
City and this Council and otherwise to take all action necessary to permit the sale of Bonds on
a basis favorable to the City and acceptable to the Council.
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Passed and approved this 15day of October, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk.
General Obligation Bonds: Proof of publication on notice of hearing to consider the issuance
of not to exceed $1,200,000 General Obligation Bonds to support the Asbury Plaza Lift Station
and Force Main Project, the advertisement of bonds for sale, and the form of Notice of Bond
Sale and City Manager recommending approval. Motion by Cline to receive and file the
documents and adopt Resolution No. 515-07 Instituting proceedings to take additional action
for the issuance of not to exceed $1,200,000 General Obligation Bonds and Resolution No.
516-07 Directing the advertisement for sale of General Obligation Bonds, Series 2007A, and
General Obligation Refunding Bonds, Series 2007B, and approving electronic facsimile bidding
procedures. Motion carried 7-0.
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RESOLUTION NO. 515-07
RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE
ISSUANCE OF NOT TO EXCEED $1,200,000 GENERAL OBLIGATION BONDS
WHEREAS, pursuant to notice published as required by law, this Council has held a public
meeting and hearing upon the proposal to institute proceedings for the issuance of not to
exceed $1,200,000 General Obligation Bonds for the essential corporate purpose of paying
costs of construction and installation of sanitary sewer improvements and extensions, including
those costs associated with the Asbury Plaza Lift Station and Force Main Project, and has
considered the extent of objections received from residents or property owners as to the
proposed issuance of Bonds; and, accordingly the following action is now considered to be in
the best interests of the City and residents thereof:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That this Council does hereby institute proceedings and take additional action for
the sale and issuance in the manner required by law of not to exceed $1,200,000 General
Obligation Bonds for the foregoing essential corporate purpose.
Section 2. The Clerk is authorized and directed to proceed on behalf of the City with the
sale of Bonds, to select a date for the sale thereof, to cause to be prepared such notice and
sale information as may appear appropriate, to publish and distribute the same on behalf of the
City and this Council and otherwise to take all action necessary to permit the sale of Bonds on
a basis favorable to the City and acceptable to the Council.
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Passed and approved this 15 day of October, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 516-07
RESOLUTION DIRECTING THE ADVERTISEMENT FOR SALE OF GENERAL
OBLIGATION BONDS, SERIES 2007A, AND GENERAL OBLIGATION REFUNDING
BONDS, SERIES 2007B, AND APPROVING ELECTRONIC FACSIMILE BIDDING
PROCEDURES
WHEREAS, the City of Dubuque, Iowa, is in need of funds to pay costs of construction and
installation of sanitary sewer improvements and extensions, including those costs associated
with the Asbury Plaza Lift Station and Force Main Project, an essential corporate purpose, and
it is deemed necessary and advisable that the City issue general obligation bonds for said
purpose in the amount of not to exceed $1,200,000 as authorized by Section 384.25 of the City
Code of Iowa; and
WHEREAS, pursuant to notice published as required by Section 384.25 this Council has
held a public meeting and hearing upon the proposal to institute proceedings for the issuance
of the above described Bonds, and all objections, if any, to such Council action made by any
resident or property owner of said City were received and considered by the Council; and it is
the decision of the Council that additional action be taken for the issuance of said Bonds, and
that such action is considered to be in the best interests of said City and the residents thereof;
and
WHEREAS, the City also is in need of funds to pay costs of refunding and refinancing of
certain outstanding City indebtedness, consisting of the General Obligation Bonds, Series
2000C, dated November 1, 2000, an essential corporate purpose, and it is deemed necessary
and advisable that the City issue general obligation refunding bonds for said purpose to the
amount of not to exceed $3,585,000 as authorized by Section 384.25 of the City Code of Iowa;
and
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WHEREAS, pursuant to notice published as required by Section 384.25 this Council has
held a public meeting and hearing upon the proposal to institute proceedings for the issuance
of the above described Bonds, and all objections, if any, to such Council action made by any
resident or property owner of said City were received and considered by the Council; and it is
the decision of the Council that additional action be taken for the issuance of said Bonds, and
that such action is considered to be in the best interests of said City and the residents thereof;
and
WHEREAS, the Council has received information from its Financial Consultant
recommending the procedure hereinafter described for electronic facsimile bidding will
maintain the integrity and security of the competitive bidding process and facilitate the delivery
of bids by interested parties; and
WHEREAS, the Council deems it in the best interests of the City and the residents thereof
to receive bids to purchase such Bonds by means of both sealed and electronic facsimile
communication.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the receipt of electronic bids by facsimile machine as described in the Notice
of Sale are hereby found and determined to provide reasonable security and to maintain the
integrity of the competitive bidding process, and to facilitate the delivery of bids by interested
parties in connection with the offering of the Bonds hereinafter described at public sale.
Section 2. That the Clerk is hereby directed to publish notice of sale of said Bonds at least
once, the last one of which shall be not less than four clear days nor more than twenty days
before the date of the sale. Publication shall be made in the Telegraph Herald, a legal
newspaper, printed wholly in the English language, published within the county in which the
Bonds are to be offered for sale or an adjacent county. Said notice is given pursuant to
Chapter 75 of the Code of Iowa, and shall state that this Council, on November 5, 2007 at 6:30
o'clock P.M., will hold a meeting to receive and act upon bids for said Bonds; said notice to be
in substantially the [provided] form.
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Passed and approved this 15 day of October, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
REINSTATE THE RULES
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Timber Hyrst Estates #2 – Preliminary Plat: Zoning Advisory Commission recommending
approval of the preliminary plat of Timber Hyrst Estates #2 located on the extension of
Creekwood Drive as requested by Marty McNamer / North Cascade Road Development LLC.
Motion by Jones to receive and file the documents and approve. Seconded by Lynch. Braig
asked if run-off had been addressed and if permeable streets and driveways had been looked
at. Marty McNamer, 1749 Creek Wood Drive, said that there is a lot of green space compared
to the number of lots as well as bike paths and other plantings.
English Ridge Subdivision – Preliminary Plat: Zoning Advisory Commission recommending
approval of the preliminary plat of English Ridge Subdivision located east of Stone Valley Drive
on the west side of English Mill Road as requested by Larry McDermott / English Ridge LLC.
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Motion by Cline to receive and file the documents and approve. Seconded by Jones. Buol said
that the conditions cost a lot of money and has concerns that the cost of development in the
City could be a “red flag.” Lynch questioned whether the developer would be willing to install a
park at a later time. Michalski said she encouraged parks in developments and was concerned
that the developer didn’t want a park. She was informed that there would be 34 three-bedroom
homes for start-up families and “empty-nesters.” Larry McDermott, 13384 BMR Lane, said that
he felt that the location identified by the Zoning Advisory Commission was not a good place for
a park. Planning Services Manager Laura Carstens said that a preliminary plant is a planning
tool. Zoning Advisory Commission Vice Chair Jeff Stiles said that the plat would not have been
approved by the Zoning Commission without these conditions, and the developer can recoup
some value by re-platting. He said the Commission will continue to work with Larry McDermott
before a final plat is approved. Motion carried 6-1.
City Policy for Brick Sidewalks: City Manager recommending adoption of a policy that
prohibits the installation of brick sidewalks in the traveled portion of the right-of-way, which
shall be a minimum of four feet in width. Motion by Michalski to receive and file the documents
and approve. Seconded by Cline. Michalski said that this issue has been discussed many
times and commended staff on a well-crafted policy. Motion carried 7-0.
Code of Ordinances §33-9: City Manager recommending approval of an amendment to the
Code of Ordinances §33-9 Indecent Exposure to correct an unintended consequence. Motion
by Michalski 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 Jones. Motion carried 7-0.
Motion by Michalski for final consideration and passage of Ordinance No. 54-07 Amending
the City of Dubuque Code of Ordinances §33-9 Indecent Exposure by revising the title to
Public Urination and Defecation and providing for a scheduled fine for a violation of this
section. Seconded by Braig. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 54-07
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES SECTION 33-9 INDECENT
EXPOSURE BY REVISING THE TITLE FROM INDECENT EXPOSURE TO PUBLIC
URINATION AND DEFECATION AND ALSO PROVIDING FOR A SCHEDULED FINE FOR A
VIOLATION OF THIS SECTION
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. City of Dubuque Code of Ordinances Section 33-9 Indecent Exposure is hereby
amended to read as follows: Sec. 33-9. Public Urination or Defecation: It shall be unlawful for
any person to urinate or defecate in or upon any public or common property including, but not
limited to streets, alleys, sidewalks or in any other place where the person could reasonably
expect to be seen by the public. This section shall not apply to private restrooms or public
facilities designated for such purpose. The scheduled fine for a violation of this section shall be
fifty dollars ($50.00).
Section 2. This Ordinance shall take effect upon publication.
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Passed, approved and adopted this 15 day of October, 2007.
/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 19 day of October, 2007.
/s/Jeanne F. Schneider, CMC, City Clerk
1t 10/19
Code of Ordinances §32-321.275A: City Manager recommending approval of an
amendment to the Code of Ordinances §32-321.275A for skateboarding in parks to clarify that
it is a $25 fine and not a simple misdemeanor. 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 Jones. Motion carried 7-0.
Motion by Connors for final consideration and passage of Ordinance No. 55-07 Amending
City of Dubuque Code of Ordinances Section 32-321.275A Use of Bicycles, Motorcycles, etc.
in Parks by adding a new Subparagraph (f) providing for a scheduled fine for a violation of this
section. Seconded by Braig. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 55-07
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES SECTION 32-321.275A USE OF
BICYCLES, MOTORCYCLES, ETC. IN PARKS BY ADDING A NEW SUBPARAGRAPH (f)
PROVIDING FOR A SCHEDULED FINE FOR A VIOLATION OF THIS SECTION
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. City of Dubuque Code of Ordinances Section 32-321.275A Use of Bicycles,
Motorcycles, Etc. In Parks is hereby amended to read as follows: Sec. 32-321.275A Use of
Bicycles, Motorcycles, Etc. In Parks:
(f) The scheduled fine for a violation of this section shall be twenty-five dollars
($25.00).
Section 2. This Ordinance shall take effect upon publication.
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Passed, approved and adopted this 15 day of October, 2007.
/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 19 day of October, 2007.
/s/Jeanne F. Schneider, CMC, City Clerk
1t 10/19
Code of Ordinances §32-321.445 and §32-321.446: City Manager recommending approval
of an amendment to the City of Dubuque’s safety belts and harness provision, as well as the
child restraint ordinance to bring the ordinances into compliance with State Code amendments.
Motion by Michalski 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 Jones. Motion carried 7-0.
Motion by Michalski for final consideration and passage of Ordinance No. 56-07 Amending
the City of Dubuque Code of Ordinances §32-321.445 Safety Belts and Safety Harnesses and
§32-321.446 Child Restrain System. Seconded by Braig. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 56-07
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AMENDING CITY OF DUBUQUE CODE OF ORDINANCES SECTION 32-321.445 SAFETY
BELTS AND SAFETY HARNESSES AND SECTION 32-321.446 CHILD RESTRAINT
SYSTEM
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. City of Dubuque Code of Ordinances Section 32-321.445 Safety Belts and safety
Harnesses is hereby amended to read as follows: Sec. 32-321.445. Safety belts and safety
harnesses.
(1) It shall be unlawful for any driver or front seat occupant of a 1966 model year or
newer motor vehicle which is subject to registration in Iowa, except a motorcycle or a
motorized bicycle, not to wear a properly adjusted and fastened safety belt or safety
harness anytime the vehicle is in forward motion on a street in this city, except that a
child under eleven (11) years of age shall be secured as required under section 32-
321.446 of this division. The safety belt or safety harness system used in the vehicle
must meet standards as required under State of Iowa code section 321.445(1) for safety
belts and safety harnesses.
This section shall not apply to:
(a) The driver or front seat occupant of a motor vehicle which is not required
to be equipped for safety belts or safety harnesses under rules adopted by the
Iowa department of transportation.
(b) The driver and front seat occupants of a motor vehicle who are actively
engaged in work which requires them to alight from and reenter the vehicle at
frequent intervals, provided the vehicle does not exceed twenty five (25) miles
per hour between stops.
(c) The driver of a motor vehicle while performing duties as a rural letter
carrier for the U.S. postal service. This exemption applies between the first
delivery point after leaving the post office and the last delivery point before
returning to the post office.
(d) Passengers of a bus.
(e) A person possessing a written certification from a physician on a form
provided by the Iowa department of transportation that the person is unable to
wear a safety belt or safety harness due to physical or medical reasons. The
certification shall specify the time period for which the exemption applies. The
time period shall not exceed twelve (12) months, at which time a new certification
may be issued.
(f) Front seat occupants of an authorized emergency vehicle while they are
being transported in an emergency. However, this exemption does not apply to
the driver of the authorized emergency vehicle.
(2) The driver and front seat passengers may each be charged separately for
improperly used or non-used equipment under subsection (1).
(3) The provisions adopted by the Iowa Department of Transportation, pursuant to
State Code 321.445(5), for front seats and front seat passengers of motor vehicles
owned, leased, rented, or primarily used by persons with physical disabilities who use
collapsible wheelchairs, are hereby adopted by the City of Dubuque.
Section 2. City of Dubuque Code of Ordinances Section 32-321.446 Child Restraint System
is hereby amended to read as follows:
Sec. 32-321.446. Child Restraint System:
(1) It shall be unlawful for any person to operate a motor vehicle transporting a child
under one year of age or weighing less than twenty (20) pounds in a motor vehicle
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which is subject to registration by the state, except a school bus or motorcycle without
first securing the child in a rear facing child restraint system which meets federal motor
vehicle safety standards and is used in accordance with the manufacturer's instructions.
(2) It shall be unlawful for any person to operate a motor vehicle transporting a child
under six (6) years of age who does not meet the description in paragraph (1) in a motor
vehicle which is subject to registration by the state, except a school bus or motorcycle
without first securing the child in a child restraint system which is used in accordance
with the manufacturer's instructions.
(3) A child at least six (6) years of age but under eleven (11) years of age who is
being transported in a motor vehicle subject to registration by the state, except a school
bus or motorcycle, shall be secured during transit by a child restraint system that is used
in accordance with the manufacturer’s instruction or by a safety belt or safety harness.
The safety belt or safety harness system used in the vehicle must meet standards as
required under State of Iowa code section 321.445(1) for safety belts and safety
harnesses.
(4) This section does not apply to:
(a) peace officers acting on official duty
(b) the transportation of children in 1965 model year or older vehicles
(c) authorized emergency vehicles
(d) buses
(e) motor homes, except when a child is transported in a motor home’s
passenger seat situated directly to the driver’s right, or
(f) the transportation of a child who has been certified by a licensed physician
as having a medical, physical, or mental condition which prevents or makes
inadvisable securing the child in a child restraint system, safety belt or safety
harness.
(5) An operator who violated subsection 1 or 2 is guilty of a simple misdemeanor and
subject to the penalty provisions of State of Iowa Code section 805.8A, subsection 14,
paragraph “c”. However, if a child is being transported in a taxicab in a manner that is
not in compliance with subsection (a) or (b), the parent, legal guardian, or other
responsible adult traveling with the child shall be served with a citation for a violation of
this section in lieu of the taxicab operator.
(6) A person who is first charged for a violation of subsection (a) and who has not
purchased or otherwise acquired a child restraint system shall not be convicted if the
person produces in court, within a reasonable time, proof that the person has purchased
or otherwise acquired a child restraint system which meets federal motor vehicle safety
standards.
(7) For purposes of this section, “child restraint system” means a specially designed
seating system, including a belt-positioning seat or a booster seat that meets federal
motor vehicle safety standards.
Section 3. This Ordinance shall take effect upon publication.
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Passed, approved and adopted this 15 day of October, 2007.
/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 19 day of October, 2007.
/s/Jeanne F. Schneider, CMC, City Clerk
1t 10/19
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National League of Cities: Communication from the National League of Cities requesting
that the City Council designate a voting delegate and alternate for the upcoming National
League of Cities meeting. Motion by Connors to receive and file the documents and appoint
Council Members Michalski and Connors as the voting delegate and alternate respectively.
Seconded by Cline. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Jones reported on the successful visit of the Arkansas delegation and thanked staff for their
support.
Michalski reported on the success of the recent ribbon cutting for the McGraw-Hill
headquarters building in the Port of Dubuque.
CLOSED SESSION
Upon motion the Council convened in closed session at 8:36 p.m. regarding Litigation and
Property Acquisition pursuant to Chapter 21.5(1)(c)(j) 2007 of the Code of Iowa.
At 8:55 p.m. Council reconvened regular session stating that staff had been given proper
direction.
There being no further business, upon motion the Council adjourned at 8:56 p.m.
/s/ Jeanne F. Schneider, CMC
City Clerk
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