11 3 08 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 3, 2008 in the
Historic Federal Building.
Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voetberg,
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 City Council.
Invocation was provided by Father Dwayne Thoman, Nativity Catholic Church.
PROCLAMATIONS
Philanthropy Day (November 15, 2008) was accepted by Wendy Scardino of 1998 North
Star Drive; National Hospice Month (November 2008) was accepted by Carole Carroll of
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 Voetberg. Motion carried 7-0.
Minutes and Reports Submitted: City Council of 10/20 and 10/28; Civil Service Commission
of 10/9; Historic Preservation Commission of 10/16; Investment Oversight Advisory
Commission of 10/22; Zoning Advisory Commission of 10/22.
Library Board of Trustees Update from the meeting of September 25, 2008; Investment
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Oversight Advisory Commission 62 Quarterly Report; and Proofs of publication of City
Council Proceedings of October 6 and 13, 2008, and List of Claims and Summary of Revenues
for month ending September 30, 2008.
Upon motion the documents were received and filed.
Asbury Business Park – Acceptance of Easement: City Manager recommending approval of
the acceptance of the easement for sanitary sewer lift stations, force main, storm sewer,
watermain, streets and public utilities in Asbury Business Park from Motor City, LLC. Upon
motion the documents were received and filed and Resolution No. 387-08 Accepting the grant
of an easement for sanitary sewer lift stations, force main, storm sewer, water main, streets
and public utilities in Asbury Business Park in the City of Dubuque, was adopted.
RESOLUTION NO. 387-08
A RESOLUTION ACCEPTING THE GRANT OF AN EASEMENT FOR SANITARY SEWER
LIFT STATIONS, FORCE MAIN, STORM SEWER, WATER MAIN, STREETS AND PUBLIC
UTILITIES IN ASBURY BUSINESS PARK IN THE CITY OF DUBUQUE
Whereas, the City of Dubuque entered into an agreement with Motor City, LLC pursuant to
which Motor City, LLC, agreed to allow construction of utilities over and across parts of the E ½
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NW ¼ NE ¼, the SW ¼ NE ¼ in Section 17, T89N, R2E, 5 P.M. and Lot 2 Asbury Plaza No.
3 all in the City of Dubuque, Dubuque County, Iowa; and
Whereas, Motor City, LLC has executed an Easement for Sanitary Sewer Lift Stations,
Force Main, Storm Sewer, Water Main, Streets and Public Utilities over and across parts of the
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E ½ NW ¼ NE ¼, the SW ¼ NE ¼ in Section 17, T89N, R2E, 5 P.M. and Lot 2 Asbury Plaza
No. 3 all in the City of Dubuque, Dubuque County, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and
consents to the grant of the Easement for Sanitary Sewer Lift Stations, Force Main, Storm
Sewer, Water Main, Streets and Public Utilities in over and across parts of the E ½ NW ¼ NE
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¼, the SW ¼ NE ¼ in Section 17, T89N, R2E, 5 P.M. and Lot 2 Asbury Plaza No. 3 all in the
City of Dubuque, Dubuque County, Iowa, from Motor City, LLC, a copy of which is attached
hereto.
Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on
behalf of the City of Dubuque any instruments in connection herewith.
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Passed, adopted and approved this 3 day of November, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Investment Policy Revisions: City Manager recommending approval of updates to the City of
Dubuque Investment Policy. Upon motion the documents were received and filed and
Resolution No. 388-08 Adopting the City of Dubuque Investment Policy, was adopted.
RESOLUTION NO. 388-08
RESOLUTION ADOPTING THE CITY OF DUBUQUE INVESTMENT POLICY
Whereas, changes to the code of Iowa have consolidated public funds investment code;
and references to code in the City Investment Policy require revision; and
Whereas the City Treasurer/Finance Director and Assistant Finance Director have reviewed
the proposed changes with the City Investment Oversight Advisory Commission and the
Commission has recommended adoption of the revised policy.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City of Dubuque Investment Policy, attached hereto, is hereby adopted and
all previous resolutions inconsistent therewith are hereby rescinded.
Section 2. City staff and the Investment Oversight Advisory Commission are directed to act
in accordance with the policies set forth in the City of Dubuque Investment Policy and to bring
forward proposed changes to the Investment Policy as deemed necessary.
Passed, approved and adopted this 3rd day of November, 2008.
Roy D. Buol, Mayor
Attest: Jeanne Schneider, City Clerk
Water Pollution Control Plant Design: City Manager recommending approval of the selection
of Strand Associates/IIW for design engineering and construction services for the Water
Pollution Control Plant improvements. Upon motion the documents were received, filed and
approved.
Sanitary Sewer Installation – 1195 Thomas Place: City Manager recommending approval of
an agreement with Anna Kim, the current owner of 1195 Thomas Place, for her to do some
home repairs and the City to extend sanitary sewer service. Upon motion the documents were
received, filed and approved.
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Civil Service Commission: Civil Service Commission submitting the certified list for the
positions of Bus Operator and Laborer. Upon motion the documents were received and filed
and made a Matter of Record.
Mediacom: Communication from Lee Grassley, Senior Manager of Government Relations,
advising that Mediacom will be adding three channels to the digital plus lineup. Upon motion
the document was received and filed.
Cable TV Teleprogramming Commission: Communication from Tom McDonough submitting
his resignation from the Cable TV Teleprogramming Commission effective immediately. Upon
motion the document was received and filed and resignation accepted.
Consultant Agreement – Wireless Facility Ordinance and Leases: City Manager
recommending approval of an agreement with The Center for Municipal Solutions to assist the
City in regulating towers and wireless facilities and that the Resolution of Interim Application for
Wireless Telecommunications Facilities be renewed for an additional ninety days. Upon motion
the documents were received and filed and Resolution No. 389-08 Amending Resolution No.
238-08 which adopted an interim application process for wireless telecommunication facilities
by extending the interim application process until February 1, 2009, was adopted.
RESOLUTION NO. 389-08
AMENDING RESOLUTION NO. 238-08 WHICH ADOPTED AN INTERIM APPLICATION
PROCESS FOR WIRELESS TELECOMMUNICATIONS FACILITIES BY EXTENDING THE
INTERIM APPLICATION PROCESS UNTIL FEBRUARY 1, 2009
Whereas, Resolution No. 238-08 established a ninety (90) day Interim Application Process
for the issuance of permits by the City of Dubuque on applications for the construction of
wireless telecommunications towers, facilities and related facilities; and
Whereas, the City Council has determined that the Interim Application Process should be
extended to allow the review of regulations for the construction of wireless telecommunications
towers, facilities and related facilities to be included in the Unified Development Code.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Interim Application Process for the issuance of permits by the City of
Dubuque on applications for the construction of wireless telecommunications towers, facilities
and related facilities is hereby re-established and extended to February 1, 2009.
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Passed, approved and adopted this 3 day of November, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Crescent Community Health Center: Historic Preservation Commission communication to
Julie Woodyard, Crescent Community Health Center, advising that the Commission approves
the proposed interior build-out of the final 1600 square feet of interior space of the former
Dubuque Casket Company Building located at 1789 Elm Street. Upon motion the document
was received and filed.
Riverside Marina Project: Historic Preservation Commission communication to Martin
Konrad, Iowa Department of Natural Resources, advising that the Commission supports the
Riverside Marina Project in the Port of Dubuque and requesting that the Commission be
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consulted in the initial schematic design of the buildings. Upon motion the document was
received and filed.
Iowa 32 Bike/Hike Trail – Phases 2 and 3: City Manager recommending approval of federal
funding requests submitted for Phases 2 and 3 of the Iowa 32 Bike/Hike Trail. Upon the motion
the documents were received, filed and approved.
Washington Neighborhood / Housing Trust Fund Application: City Manager recommending
approval of the submission of an application to the Iowa Finance Authority for support of the
City’s Homeownership Grant Program. Upon motion the documents were received and filed
and Resolution No. 390-08 Approving commitment of matching funds for an application to the
Iowa Finance Authority (IFA) for State Housing Trust Funds, was adopted.
RESOLUTION NO. 390-08
A RESOLUTION APPROVING COMMITMENT OF MATCHING FUNDS FOR AN
APPLICATION TO THE IOWA FINANCE AUTHORITY (IFA) FOR STATE HOUSING TRUST
FUNDS
WHEREAS, the Iowa Finance Authority has recognized Dubuque’s Housing Trust Fund
Committee as a certified Local Housing Trust Fund; and
WHEREAS, IFA has made funding available in state-wide competition to local trust funds
for State Housing Trust Fund grants, in amounts up to $250 000; and
WHEREAS, a 25% local match is required for receipt of a funding award; and
WHEREAS, the Housing Trust Fund Committee has authorized an application to IFA for a
Housing Trust Fund award, in the amount of $250 000; and
WHEREAS, General Funds committed to the Washington Neighborhood revitalization
initiative are available in the current year Housing Department budget in sufficient amount to
meet the matching funds requirement; and
WHEREAS, other City funds have been committed to the Washington Neighborhood in
support of the Housing Trust Fund’s initiative, including:
Community Development Block Grant: $293 000
General Fund: $335 000
Lead Hazard Reduction Program: $200 000
CDBG Rental Rehab: $60 000
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque hereby approves commitment of $65 000 in current
year General Funds as a match to the application for IFA State Housing Trust Funds.
Section 2. That the Housing Trust Fund Committee, in accordance with Sec. 26-37 of the
Code of Ordinances, shall have final authority to direct how such funds shall be used in
support of revitalization activities in the Washington Neighborhood.
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Passed, approved and adopted this 3 day of November, 2008.
Roy D Buol, Mayor
Attest: Jeanne Schneider, CMC, City Clerk
Quarterly Investment Report: City Manager transmitting the Quarterly Investment Report for
the period ending September 30, 2008. Upon motion the documents were received and filed.
Historic Preservation Commission Vacancy: City Manager advising that Historic
Preservation Commission Interim Commissioner Pam Cleek passed away while on vacation in
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Tennessee. Upon motion the document was received and filed.
Upgrade of Dubuque Greyhound Park and Casino Facility: City Manager recommending
approval of a $10 million renovation project at Dubuque Greyhound Park and Casino. Upon
motion the documents were received and filed.
Business License Applications: City Manager recommending approval of annual liquor
license renewals as submitted. Upon motion the documents were received and filed and
Resolution No. 391-08 Granting the issuance of one permit to sell cigarettes and cigarette
papers to A & B Tap; Resolution No. 392-08 Granting the issuance of a Class “C” Beer Permit
to Kwik Stop Food Mart and Aldi, Inc. and Resolution No. 393-08 Granting the issuance of a
Class “C” Beer/Liquor License to Aragon Tap and Yen Ching Restaurant; Class “B” Wine
Permit to Aldi, Inc.; and a Class “WBN” Native Wine to Kwik Stop Food Mart, were adopted.
RESOLUTION NO. 391-08
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the following having complied with the provisions of law relating to the sale of
Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and
Cigarette Papers within said City.
RENEWAL
A & B Tap DDA Enterprises Inc. 2600 Central Avenue
Passed, approved and adopted this 3rd day of November, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 392-08
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
Aldi, Inc. Aldi, Inc. # 30+(Sunday Sale) 2160 Holliday Drive
Passed, approved and adopted this 3rd day of November, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 393-08
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
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DUBUQUE, IOWA:
That the Manager be authorized to cause to be issued the following named applicants a
Liquor License.
CLASS “C” BEER/LIQUOR LICENSE
Aragon Tap, Inc Aragon Tap+(Sunday Sales) 1103 Iowa Street
Hernandez Corporation Yen Ching Restaurant 926 Main Street
CLASS “B” WINE
Aldi, Inc Aldi, Inc # 30 2160 Holliday Drive
CLASS “WBN” NATIVE WINE
Rainbo Oil Company Kwik Stop Food Mart 4039 Pennsylvania Avenue
Passed, approved and adopted this 3rd day of November, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
BOARDS/COMMISSIONS
Applicants are invited to address the City Council regarding their desire to serve on the
following Boards/Commissions. Civil Service Commission: One 4-year term through April 6,
2010 (Term of Kluesner). Applicants: James Schilling, 3283 Bittersweet Lane and John
Stevens, 2215 Graham Circle. Mr. Schilling spoke in support of his appointment and Mr.
Stevens withdrew his application for appointment.
Appointment to the following Boards. Plumbing Board: Two 3-year terms through November
2, 2011 (Master Plumber Requirement, Terms of Gonner and Willenborg). Applicants: Stanley
Gonner, 485 O’Neill Street; Harlan Willenborg, 3254 Lake Ridge Drive. Motion by Braig to
appoint Stanley Gonner and Harlan Willenborg to three-year terms through November 2, 2011.
Seconded by Connors. Motion carried 7-0.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone to address the City Council.
West Side Voluntary Annexation: Proof of publication on notice of public hearing to consider
the annexation of approximately 643 acres (not including road right-of-way) on the west side of
Dubuque and City Manager recommending approval. Upon motion the documents were
received and filed.
Communication from James Adams, Mayor – City of Asbury, advising that property owners
on Sandwedge Drive and Sandwedge Court have submitted “Applications for Voluntary
Annexation” to the City of Asbury.
Motion by Jones to adopt Resolution No. 394-08 Approving applications for the voluntary
annexation of certain territory in Dubuque County, Iowa and additional land whose owners
have not consented to the voluntary annexation of said land. Seconded by Voetberg. Planning
Services Manger Laura Carstens provided a staff report. Beth Bonson, City Administrator of
Asbury, spoke in support of the measure. Motion carried 7-0.
RESOLUTION NO. 394-08
APPROVING APPLICATIONS FOR THE VOLUNTARY ANNEXATION OF CERTAIN
TERRITORY IN DUBUQUE COUNTY, IOWA AND ADDITIONAL LAND WHOSE OWNERS
HAVE NOT CONSENTED TO THE VOLUNTARY ANNEXATION OF SAID LAND
Whereas, the owners of property in Dubuque County, Iowa have submitted written requests
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for the voluntary annexation of approximately 621.35 acres by the City of Dubuque, Iowa; and
Whereas, in order to avoid the creation of islands and/or to provide more uniform
boundaries, it is necessary and in the public interest and required by Iowa law that
approximately 22.22 acres of additional land whose owners have not consented to the
voluntary annexation of said land be included as part of the annexation territory; and
Whereas, the annexation territory includes approximately 2.80 acres of public right-of-way
for adjoining private streets; and
Whereas, the annexation territory includes approximately 9.85 acres of Dubuque County
public right-of-way for Middle Road, an adjoining secondary road; and
Whereas, Iowa Code Section 368.5 allows the inclusion of county right-of-way for adjoining
secondary roads; and
Whereas, the annexation territory is not subject to an existing annexation moratorium
agreement; and
Whereas, the annexation territory does not include any state or railroad property; and
Whereas, Iowa Code Section 368.7(1) authorizes the extension of City limits in situations of
this character by adoption of a resolution after notification and public hearing; and
Whereas, this annexation is consistent with the Comprehensive Plan of the City of
Dubuque, necessary for the future orderly growth and development of the City of Dubuque and
will promote the efficient and cost effective extension of municipal services; and
Whereas, the City of Dubuque has the capacity to provide substantial municipal services to
the annexation territory; and
Whereas, the annexation is in the public interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the applications of the various property owners for voluntary annexation of
approximately 621.35 acres of territory lying outside of the corporate limits of the City of
Dubuque, Iowa, as shown on Exhibits A and B and legally described in Exhibit C, are hereby
approved for annexation to the City of Dubuque, Iowa.
Section 2. That the approximately 22.22 acres of land within the annexation territory as
described in Exhibit C and owned by various property owners who have not consented to the
voluntary annexation of said territory to the City of Dubuque, Iowa, as shown on Exhibits A and
B and legally described in Exhibit C, are hereby approved for annexation to the City of
Dubuque, Iowa to avoid the creation of islands and/or to create more uniform boundaries.
Section 3. That the approximately 2.80 acres of public rights-of-way to the centerline of
adjoining private streets within the annexation territory that currently lie outside a city, as
shown on Exhibits A and B and legally described in Exhibit C, are hereby approved for
annexation to the City of Dubuque, Iowa.
Section 4. That the approximately 9.85 acres of County-owned road right-of-way to the
centerline of Middle Road, an adjoining secondary road within the annexation territory that
currently lies outside a city, as shown on Exhibits A and B and legally described in Exhibit C,
are hereby approved for annexation to the City of Dubuque, Iowa.
Section 5. That, subject to the approval of the City Development Board, the corporate limits
of the City of Dubuque, Iowa, be and they hereby are extended to include the approximately
656 acres of annexation territory, including rights-of-way, as shown on Exhibits A and B and
legally described in Exhibits C and D.
Section 6. That, subject to the approval of the City Development Board’s approval of the
annexation, the City Council of the City of Dubuque, Iowa, does hereby provide for the
transition of the imposition of city taxes against all property within the annexation territory in
accordance with the tax exemption schedule provided under Iowa Code section 472B.3,
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subsections 1 through 5, for the levy and collection of taxes as follows:
1. For the first and second years, seventy five percent (75%).
2. For the third and fourth years, sixty percent (60%).
3. For the fifth and sixth years, forty-five percent (45%).
4. For the seventh and eighth years, thirty percent (30%).
5. For the ninth and tenth years, fifteen percent (15%).
Section 7. That the City Council of the City of Dubuque, Iowa, does hereby certify that the
City of Dubuque has complied with the notice and hearing requirements of the Iowa Code, as
amended, pertaining to voluntary annexation of territory with non-consenting property owners
within an urbanized area of another city.
Section 8. That if City Development Board approves this annexation, the territory hereby
annexed shall become a part of the Fifth Precinct of the First Ward of the City of Dubuque,
Iowa.
Section 9. That the City Clerk shall file this resolution, all exhibits, and the application for
voluntary annexation with the State of Iowa in accordance with the provisions of Chapter 368
of the Iowa Code.
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Passed, approved and adopted this 3 day of November 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
First Amendment to Cooper Development, LLC Development Agreement: Proof of
publication on notice of public hearing to consider a loan assumption and the First Amendment
to Agreement with Cooper Development, LLC for the “Bricktown” parking lot located at the
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southeast corner of 3 Street and Locust Street and City Manager recommending approval.
Motion by Connors to receive and file the documents and adopt Resolution No. 395-08
Approving an Amendment to Agreement with Cooper Development Company, LLC in regard to
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the parking lot located at the southeast corner of 3 Street and Locust Street. Seconded by
Braig. Motion carried 7-0.
RESOLUTION NO. 395-08
APPROVING AN AMENDMENT TO AGREEMENT WITH COOPER DEVELOPMENT
COMPANY, LLC IN REGARD TO THE PARKING LOT LOCATED AT THE SOUTHEAST
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CORNER OF 3 STREET AND LOCUST STREET.
Whereas, the City Council approved an agreement with Cooper Development Company,
LLC on July 7, 2008 to facilitate the purchase of a parking lot located at the southeast corner
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or 3 Street and Locust Street; and
Whereas, the City Council finds that it is in the best interests of the City of Dubuque to
amend this agreement; and
Whereas, Cooper Development Company, LLC has agreed to the conditions of the
Amendment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Amendment attached hereto, is hereby approved.
Section 2. That the City Manager is hereby authorized and directed to execute, on behalf of
the City of Dubuque, Iowa, said Amendment.
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Passed, approved and adopted this 3 day of November, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
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Request to Rezone – 13910 Whistlewind Lane (Tabled on October 20, 2008): Proof of
publication on notice of public hearing to consider a request from Elaine Kelly to rezone
property located at 13910 Whistlewind Lane from County R-1 Rural Residential District, R-2
Single-Family Residential District and C-1 Conservancy District to City of Dubuque CR
Commercial Recreation District, in conjunction with annexation, and Zoning Advisory
Commission recommending approval. Motion by Connors to remove the item from the table.
Seconded by Voetberg. Motion carried 7-0.
Motion by Lynch to receive and file the documents and that the requirement that a proposed
ordinance be considered and voted on for passage at two Council meetings prior to the
meeting at which it is to be passed be suspended. Seconded by Connors. Planning Services
Manger Laura Carstens provided a staff report and spoke on behalf of the applicant. Motion
carried 7-0.
Motion by Connors for final consideration and passage of Ordinance No. 72-08 Amending
Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by
reclassifying hereinafter described property located at 13910 Whistlewind Lane from County R-
1 Rural Residential District, R-2 Single-Family Residential District and C-1 Conservancy
District to City of Dubuque CR Commercial Recreation District, concurrent with annexation.
Seconded by Braig. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 72-08
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED AT 13910 WHISTLEWIND LANE FROM DUBUQUE COUNTY R-1
RURAL RESIDENTIAL DISTRICT, R-2 SINGLE-FAMILY RESIDENTIAL DISTRICT AND C-1
CONSERVANCY DISTRICT TO CITY OF DUBUQUE CR COMMERCIAL RECREATION
DISTRICT CONCURRENT WITH ANNEXATION.
Whereas, Elaine Kelly, property owner, has requested rezoning, concurrent with
annexation, to the City of Dubuque in accordance with Section 2-3 of Appendix A (Zoning
Ordinance) of the City of Dubuque Code of Ordinances; and
Whereas, this request has been found to be consistent with the Comprehensive Plan and
the Future Land Use Map of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Appendix A (Zoning Ordinance) of the City of Dubuque Code of Ordinances
is hereby amended by reclassifying the hereinafter described property from Dubuque County
R-1 Rural Residential District, R-2 Single-Family Residential District and C-1 Conservancy
District to City of Dubuque CR Commercial Recreation District, to wit: Lot 1-2-1 W ½ NE ¼ and
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Lot 1-2-1-1-1 W ½ NE ¼ in Section 25 T89N R1E, 5 P.M.; and to the centerline of the
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adjoining right-of-way in T89N R1E, 5 P.M.; all in Dubuque County, Iowa, that is proposed to
be annexed to 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, and at such time that the herein described property is legally annexed into the City of
Dubuque, Iowa.
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Passed, approved and adopted this 3 day of November, 2008.
/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 7 day of November, 2008.
/s/Jeanne F. Schneider, CMC, City Clerk
Fire Headquarters Green Roof Project: Proof of publication of notice of public hearing
consider approval of the plans and specifications, form of contract and estimated cost for the
Fire Headquarters Green Roof Project and City Manager recommending approval. Motion by
Jones to receive and file the documents and adopt Resolution No. 396-08 Approving plans,
specifications, form of contract, and estimated cost for the Fire Headquarters Green Roof
Project. Seconded by Connors. City Engineer Gus Psihoyos and Durrant Group Architect,
Chris Wand, responded to questions regarding cost, landscaping, and access to and visibility
of the roof. Motion carried 7-0.
RESOLUTION NO. 396-08
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED
COST FOR THE FIRE HEADQUARTERS ROOF REPLACEMENT PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form of contract and estimated cost for the Fire
Headquarters Roof Replacement Project, in the estimated amount $241,500.00, are hereby
approved.
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Passed, adopted and approved this 3 day of November, 2008.
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
Convention and Visitors Bureau: Dubuque Area Chamber of Commerce Convention and
Visitors Bureau Director Sue Czeshinski presented the Bureau’s quarterly report. Motion by
Lynch to receive and file the documents. Seconded by Connors. CVB Director Sue Czeshinski,
300 Main Street, highlighted the Bureau’s successes and projects. She demonstrated the new
video business card concept and informed Council that Dubuque took in $253 million in
tourism dollars, which surpasses the 2009 projection. Ms. Czeshinski also informed Council
that she was leaving the CVB to accept a position at Loras College. Upon questioning by
Council, Ms. Czeshinski stated that figures are calculated from event gate counts of travelers
from outside a 50-mile radius, travel data provided by state surveys, and confidential
information collected from the Welcome Center. Council offered their thanks and
congratulations. Motion carried 7-0.
Citizen Request: Char Eddy requesting to address the City Council to submit a petition to
provide winter maintenance on any public right-of-way (street or alley) which bisects a school’s
property. Motion by Voetberg to receive and file and refer to staff. Seconded by Connors. Char
Eddy, 565 Sunset Ridge, provided an oral report and responded to questions from the Council.
Voetberg asked that staff confirm the number of schools affected, provide an approximated
cost, and check on other City policy issues that might be involved. Braig suggested that
adjacent neighbors be involved. Motion carried 7-0.
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Development Agreement with Interstate Building, LLLP and WS Live, LLC: City Manager
recommending approval of a Development Agreement with Interstate Building, LLLP and WS
Live, LLC to provide incentives to retain 122 employees of WS Live, LLC in Dubuque and for
the creation of an additional 28 positions. Motion by Lynch to receive and file the documents
and adopt Resolution No. 397-08 Approving a Development Agreement with Interstate
Building, LLLP and WS Live, LLC. Motion carried 7-0.
RESOLUTION NO. 397-08
A RESOLUTION APPROVING A DEVELOPMENT AGREEMENT WITH INTERSTATE
BUILDING, LLLP AND WS LIVE, LLC
Whereas, the City of Dubuque, Iowa, has created a Downtown Urban Renewal District for
the purpose of stimulating reinvestment in the Greater Downtown area; and
Whereas, the City of Dubuque, Iowa is encouraging the use of loans/grants to finance code
compliance activities and to spur job retention/creation activities; and
Whereas, it is the determination of this Council that approval of the Development Agreement
for the rehabilitation of the Property owned by Interstate Building, LLLP and leased by WS
Live, LLC according to the terms and conditions set out in the Development Agreement is in
the public interest of the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Development Agreement with Interstate Building, LLLP and WS Live,
LLC is hereby accepted and approved.
Section 2. That the Mayor is hereby authorized to execute, on behalf of the City Council of
the City of Dubuque, Iowa, the attached Development Agreement with Interstate Building, LLP
and WS Live, LLC.
Section 3.That the City Manager is hereby authorized to execute, on behalf of the City
Council of the City of Dubuque, Iowa, all necessary loan documents and is further authorized
to disburse loan funds in accordance with the terms and conditions of the executed agreement.
rd
Passed, approved and adopted this 3 day of November, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Parking Meter District – Requested Expansion: City Manager recommending approval of the
expansion of the downtown parking meter district to include parking meters on the south side
th
of 11 Street from White Street to Washington Street as requested by Dallas Kalmes, d/b/a
Kalmes Breaktime Bar & Grill. 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. Upon
questioning by Lynch, Parking System Supervisor Tim Horsfield and City Manager Van
Milligen responded to questions from the Council. Seconded by Jones. Motion carried 7-0.
Motion by Connors for final consideration and passage of Ordinance No. 73-08 Amending
City of Dubuque Code of Ordinances Section 32-321.666 Municipal Parking Meter District
Established by adding Eleventh Street (south side) from White Street to Washington Street as
a Municipal Parking Meter District. Seconded by Voetberg. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 73-08
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES SECTION 32-321.666
11
MUNICIPAL PARKING METER DISTRICT ESTABLISHED BY ADDING ELEVENTH
STREET SOUTH SIDE FROM WHITE STREET TO WASHINGTON STREET AS A
MUNICIPAL PARKING METER DISTRICT
Section 1. City of Dubuque Code of Ordinances § 32-321.666 is amended to read as
follows:
Sec. 32-321.666. Municipal Parking Meter District Established.
There is hereby established a municipal parking meter district to be comprised of streets
and/or portions thereof as follows:
EAST-WEST STREETS
. . .
Eleventh Street, south side, between White Street and Washington Street.
. . .
Section 2. This Ordinance shall take effect on publication.
rd
Passed, approved and adopted the 3 day of November, 2008.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
th
Published officially in the Telegraph Herald Newspaper the 7 day of November, 2008.
/s/Jeanne F. Schneider, CMC, City Clerk
Parking Fines – Delinquent Definition: City Manager recommending approval of an
ordinance amendment to better define that a parking ticket shall become delinquent if not paid
within seven calendar days from the date of issuance. 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. Parking System Supervisor Tim Horsfield responded to questions from the
Council. Seconded by Jones.
Motion by Connors for final consideration and passage of Ordinance No. 74-08 Amending
City of Dubuque Code of Ordinances Section 32-321.621 Parking Violations – Fines to provide
that a ticket shall become delinquent if not paid within seven (7) calendar days from the date of
issuance. Seconded by Voetberg. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 74-08
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES SECTION 32-321.621 PARKING
VIOLATIONS – FINES TO PROVIDE THAT A TICKET SHALL BECOME DELINQUENT IF
NOT PAID WITHIN SEVEN (7) CALENDAR DAYS FROM THE DATE OF ISSUANCE
Section 1. City of Dubuque Code of Ordinances § 32-321.621 is amended to read as
follows:
Sec. 32-321.621. Parking Violations – Fines.
The owner or operator of any vehicle who shall receive notice, either personally or by the
attaching of such notice to said vehicle, that said vehicle is parked in such manner, in such a
place or for such a time as to violate the provisions of this Chapter relating to the parking of
vehicles shall pay to the city treasurer as a penalty for such violation the following sum:
(1) Except as provided in Subsection (2), (3), or (4), any violation of the Subsections of
Article VIII. Stopping, Standing and Parking, an initial fine of fifteen dollars ($15.00) if paid
within thirty (30) calendar days of the date of the violation. If payment is not made within such
thirty (30) calendar days, said fine shall be twenty dollars ($20.00).
(2) Disabled Parking Violations, a fine of one hundred dollars ($100.00).
(3) Expired Parking Meter Violations, an initial fine of seven dollars ($7.00) if paid within
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thirty (30) calendar days of the date of the violation. If payment is not made within such thirty
(30) calendar days, said fine shall be twelve dollars ($12.00).
(4) Parking in violation of any designated fire lane, a fine of fifty dollars ($50.00)
(5) Parking in violation of snow route restrictions, a fine of thirty dollars ($30.00) if paid
within thirty (30) calendar days of the date of the violation. If payment is not made within such
thirty (30) calendar days, said fine shall be thirty-five dollars ($35.00),
Payment of the above fine by mail to the city treasurer shall be deemed paid as of the date
of the postmark on the envelope thereof.
For purposes of this Section, a ticket shall become delinquent if not paid within seven (7)
calendar days from the date of issuance.
Section 2. This Ordinance shall take effect on publication.
rd
Passed, approved and adopted the 3 day of November, 2008.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
th
Published officially in the Telegraph Herald Newspaper the 7 day of November, 2008.
/s/Jeanne F. Schneider, CMC, City Clerk
Disabled Parking Regulations: City Manager recommending approval of a proposed
ordinance to provide more specific regulations regarding proper parking in designated disabled
parking spaces. Motion by Braig 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. Upon
questioning by Council, Parking System Supervisor Tim Horsfield stated that in response to
concerns raised by Proudly Accessible Dubuque, clarification was needed in the ordinance
regarding illegal parking in the five-foot, marked access aisle next to disabled parking spaces.
Horsfield also stated that this would not result in double ticketing should someone illegally park
across both the designated space and the access aisle. Motion carried 7-0.
Motion by Braig for final consideration and passage of Ordinance No. 75-08 Amending City
of Dubuque Code of Ordinances Section 32-321.705 Prohibited Use of Parking Places or
Identification Devices by adding a paragraph on the manner of parking in accessible parking
stalls. Seconded by Resnick. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 75-08
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES SECTION 32-321.705
PROHIBITED USE OF PARKING PLACES OR IDENTIFICATION DEVICES BY ADDING A
PARAGRAPH ON THE MANNER OF PARKING IN ACCESSIBLE PARKING STALLS
Section 1. City of Dubuque Code of Ordinances § 32-321.705 is amended to read as
follows:
Sec. 32-321.705. Prohibited Use of Parking Places or Identification Devices.
(a) The use of a disabled person space, including the access aisle, located on either
public or private property, by a motor vehicle not displaying a special identification
device issued by an official state or federal agency, or by a motor vehicle displaying
such a device but not being used by a disabled person, as operator or passenger, is
prohibited and is a misdemeanor for which a fine may be imposed upon the owner,
operator, or lessee of the motor vehicle. The fine for each violation shall be one hundred
dollars ($100.00).
(b) Each motor vehicle authorized to use a disabled person space shall be parked
within such parking spaces as are established and designated by appropriate markings.
13
Each motor vehicle authorized to use a disabled person space when operated or moved
therein and there from shall be operated or moved within the traffic lanes established
and designated by appropriate markings. It shall be prohibited for any person to cause,
allow, or permit any motor vehicle to park across, blocking or within the accessible
access aisle of a disabled person parking space. The fine for each violation shall be one
hundred dollars ($100.00).
Section 2. This Ordinance shall take effect on publication.
rd
Passed, approved and adopted the 3 day of November, 2008.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
th
Published officially in the Telegraph Herald Newspaper the 7 day of November, 2008.
/s/Jeanne F. Schneider, CMC, City Clerk
Animal Ordinance Changes: City Manager recommending approval of changes to the
Animal Ordinance which are required for the conversion to selling animal licenses through
PetData. Motion by Jones to receive and file the documents and that the requirement that a
proposed ordinance be considered and voted on for passage at two Council meetings prior to
the meeting at which it is to be passed be suspended. Seconded by Connors. Motion carried
7-0.
Motion by Jones for final consideration and passage of Ordinance No. 76-08 City of
Dubuque Code of Ordinances by repealing Chapter 7 Animals and Fowl and adopting a new
Chapter 7 Animals and Fowl in lieu thereof providing restrictions on maintaining livestock and
the storage of animal food; prohibiting the harboring of a vicious dog or cat; providing for the
licensing of dogs and cats; establishing requirements for rabies control; prohibiting the keeping
of dangerous animals; and establishing procedures for the declaration of potentially vicious
dogs. Seconded by Lynch. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 76-08
AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES BY REPEALING
CHAPTER 7 ANIMALS AND FOWL AND ADOPTING A NEW CHAPTER 7 ANIMALS AND
FOWL IN LIEU THEREOF PROVIDING RESTRICTIONS ON MAINTAINING LIVESTOCK
AND THE STORAGE OF ANIMAL FOOD; PROHIBITING THE HARBORING A VICIOUS
DOG OR CAT; PROVIDING FOR THE LICENSING OF DOGS AND CATS; ESTABLIISHING
REQUIREMENTS FOR RABIES CONTROL; PROHIBITING THE KEEPING OF
DANGEROUS ANIMALS; AND ESTABLISHING PROCEDURES FOR THE DECLARATION
OF POTENTIALLY VICIOUS DOGS.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Chapter 7 of the City of Dubuque Code of Ordinances is hereby amended to read
as follows:
Chapter 7
ANIMALS AND FOWL
ARTICLE I. IN GENERAL
Sec. 7-1. Sale of Baby Chickens, Rabbits and Ducklings Restricted
(a) It shall be unlawful for any person to sell, or offer for sale, barter, or give away,
baby chicks or ducklings or other fowl as pets or novelties.
(b) This section shall not be construed to prohibit the display or sale of natural
chicks, ducklings in proper brooder facilities, by hatcheries or stores engaged in the
14
business of selling the same to be raised for commercial purposes.
(c) No person shall engage in the business of selling baby chicks, poultry or
domestic fowl within the city unless such person has been licensed to do so by the
department of agriculture of the state.
Sec. 7-2. Restrictions on Maintaining Livestock
(a) No person shall keep or maintain within the corporate limits of the city any pens,
buildings, yards, sheds or enclosures wherein any cattle, sheep , swine or other
livestock are collected, kept or fed for commercial purposes unless such pens,
buildings, yards, sheds or enclosures are erected, constructed and maintained as
provided in this section.
(b) All such pens, buildings, yards, sheds or enclosures shall be erected and
maintained with floors constructed of concrete at least four inches (4") thick with a
smoothly troweled wearing surface.
(c) All such concrete floors shall be constructed so as to drain to a catch basin or
basins connected with the sanitary sewage system of the city, or in the event there is no
such sewage system within two hundred feet (200') from the property line, such basin or
basins shall be connected with a sewage disposal system approved by the city
manager.
Sec. 7-3. Storage of Animal Food Restricted
All food and feed within the city for feeding chickens, cows, pigs, horses, and other animals
shall be stored in rat-free and rat-proof containers, compartments, or rooms unless stored in a
ratproof building.
Secs. 7-4-7-15. Reserved
ARTICLE II. DOGS AND CATS
DIVISION 1. GENERALLY
Sec. 7-16. Definitions
The following definitions shall apply in the interpretation of this article:
At Large: Includes any dog, cat or livestock, fowl or ferret found off the premises of
the owner or keeper. A dog or cat shall not be deemed at large if the dog or cat is:
(1) Attached to a leash of sufficient strength and appropriate length to control
the animal where such leash is held by its owner or keeper; or
(2) Restrained within an enclosed motor vehicle or by crate or leash of
sufficient strength and appropriate length to keep the dog or cat within the motor
vehicle; or
(3) Housed in a licensed veterinarian's animal hospital; or
(4) Accompanied by the owner or keeper on the premises of another with such
person's consent and restrained by an adequate protective fence or by leash,
cord, chain or other similar restraint that does not allow the dog or cat to go
beyond such person's property line or to come into contact with anyone outside
such person's property line.
Cat: Both male and female animals in the family Felis catus whether neutered or
not.
Dog: Both male and female animals of the canine species whether neutered or not,
but not including a law enforcement dog.
Keeper: Any person other than the owner keeping, sheltering, having control or
custody of or harboring an animal.
Kennel: Shall refer to a place or establishment where dogs or cats are kept or raised
for the purpose of breeding, boarding, racing at a licensed pari-mutuel track,
15
exchanged or offered for sale to the general public and which are kept under constant
restraint.
Neutered: Shall refer to a surgical procedure that has been performed on a dog or a
cat that renders it incapable of siring or bearing offspring.
Nuisance: A dog or cat shall be considered a nuisance if it:
(1) Damages, soils, defiles or defecates on private property other than the
owner's or keeper’s or on public walks and recreation areas unless such waste is
immediately removed and properly disposed of by the owner or keeper.
(2) Causes unsanitary, dangerous or offensive conditions.
(3) Causes a disturbance by excessive barking or other noisemaking or
chases vehicles, or molests, attacks or interferes with persons or other domestic
animals on public property.
Owner: Any person owning a cat, dog, or other animal.
Vicious Animal: A vicious cat or dog is deemed so when it shall have attacked or
bitten any person on more than one occasion without provocation or when an attack or
bite results in serious bodily injury.
Sec. 7-17. Harboring a Vicious Dog or Cat
It shall be unlawful for any person or persons to harbor or keep a vicious dog or cat within
the city.
Sec. 7-18. Nuisance
It shall be unlawful for any owner or keeper to permit a dog or cat to commit a nuisance.
Sec. 7-19. Female Dogs in Season
It shall be unlawful for any owner or keeper to allow a female dog in season to run at large
or to so confine such dog as to attract male dogs to the area and by their presence cause a
nuisance.
Sec. 7-20. City Manager's Authority
The city manager is hereby authorized to contract from year to year with any pound or
animal shelter as defined by section 162.2 of the Code of Iowa for carrying out the provisions
of this article including the collection, protection and disposition of dogs, cats and other
animals and the collection of fees for licensing and care of seized and impounded dogs and
cats.
Sec. 7-21. Impoundment
Any unlicensed dog or cat except kennel dogs or cats and any licensed dog or cat found at
large shall be subject to seizure and impoundment in a place provided by the city.
Sec. 7-22. Notice to Owners of Licensed Dogs or Cats
Whenever any licensed dog or cat has been seized or impounded pursuant to this article,
notice of such action shall be given as provided in this Article.
Sec. 7-23. Redemption
(a) Except as otherwise provided, the possession of any licensed dog or cat seized
or impounded pursuant to this article may be obtained by the owner or keeper by paying
an impoundment fee as established by the city manager together with the separate
daily fee for keeping such dog or cat each day or fraction thereof during the time that
such dog or cat is impounded. Upon the second subsequent impoundment of the same
animal within three hundred sixty five (365) days, an impoundment fee of as established
by the city manager shall be assessed together with the separate daily fee for keeping
such dog or cat each day or fraction thereof during the time which said dog or cat is
impounded.
(b) Upon proper identification the owner may redeem an unlicensed dog or cat
seized or impounded pursuant to this article after licensing the animal or agreeing to
16
purchase a license within ten working days. Failure to do so shall result in an additional
fee as established by the city manager added to the license fee.
Sec. 7-24. Disposition of Unredeemed Dogs or Cats
The code adopted by Section 7-24 of this Chapter is hereby amended as provided in this
Section:
(a) If the owner or keeper of a licensed dog or cat impounded pursuant to this article
does not redeem such animal within five (5) days after the mailing of the notice provided
for in this article, the license shall automatically be revoked and the animal disposed of
as directed by the city manager.
(b) Any unlicensed dog or cat not redeemed by the owner within three (3) days after
it has been seized or impounded shall be disposed of as directed by the city manager.
Sec. 7-25. Running at Large
It shall be unlawful for any owner or keeper to permit or allow a dog, cat, ferret, livestock or
fowl to run at large.
Sec. 7-26. Directing Dog with Malicious Intent
No person shall direct, encourage, cause, allow or otherwise aid or assist any dog to
threaten, charge at, intimidate, bite, harass, menace or attack any person.
Sec. 7-27. Use of Dog in Illegal Activity Prohibited
No person shall keep, maintain, control or retain custody of any dog in conjunction with, or
for the purpose, whether in whole or in part, of aiding, abetting or conducting illegal activity or
committing any crime.
Sec. 7-28. License Required
No person shall keep a dog or cat in the city of Dubuque unless such dog or cat is licensed
by the city as provided in this article. This section shall not apply to veterinary clinics and
boarding facilities.
Secs. 7-29-7-31. Reserved
DIVISION 2. LICENSE
Sec. 7-32. Application
The owner or keeper shall make application for a license with the city manager. The
application shall give the name, physical address, date of birth or social security number of the
owner or keeper, the sex and description of the dog or cat, and if known, its breed and age. In
the event of a change of ownership, the license holder shall notify the city clerk of such
change. All dogs and cats shall be licensed by not later than four (4) months of age.
Sec. 7-33. Dogs-License Fee
(a) The license fee per calendar year, or fraction thereof, for a dog license shall be
as established by the city manager.
(b) The applicant or licensee shall furnish written proof from a licensed veterinarian
that surgical procedures have been performed that render either male or female dogs
incapable of reproduction.
Sec. 7-34. Dogs-Expiration; Renewal; Delinquent Fee
All dog licenses issued under this division shall expire one year from the date the license was
issued and shall become delinquent 30 days after the license anniversary date. A delinquent
fee as established by the city Manager, shall be added to the required license fee for each
delinquent dog license.
Sec. 7-35. Cats-License Fee
(a) The license fee per calendar year, or fraction thereof, shall be as established by
the city manager.
(b) The applicant or licensee shall furnish written proof from a licensed veterinarian
that surgical procedures have been performed that render either male or female cats
17
incapable of reproduction.
Sec. 7-36. Cats-Expiration; Renewal; Delinquent Fees
All cat licenses issued under this division shall expire one year from the date the license was
purchased and shall become delinquent 30 days after the license anniversary date. A
delinquent fee as established by the city manager shall be added to the required license fee
for each delinquent cat license.
Sec. 7-38. Tags not Transferable
A license issued for any dog or cat shall not be transferred to another dog or cat.
Sec. 7-39. Tags to be Attached
The owner or keeper of a dog or cat license, upon procurement of the license, shall securely
attach the license tag to a collar or harness and this collar or harness, with the tag attached
shall at all times be kept on the dog or cat. Any dog or cat found at large without a collar or
harness with license tag attached shall be deemed unlicensed and shall be impounded.
Sec. 7-40. Fee for Duplicate
The fee for a duplicate license for either a dog or cat shall be as established by the city
manager.
Sec. 7-41. Consent Implied from Application and Receipt
The application for and the receipt of a license as required in this division shall include an
implied consent by the owner or keeper to permit an inspection of both real and personal
property under the owner's or keeper’s control for the purpose of carrying out the provisions of
this article relating to the harborage of vicious animals or to the control of rabies outbreak or
relating to the provisions of law relative to the prohibition of cruelty to animals.
Secs. 7-42-7-44. Reserved
DIVISION 3. RABIES CONTROL
Sec. 7-45. Vaccination Required
(a) It shall be unlawful for the owner or keeper of any domesticated species of dog or
cat to keep or maintain such animal unless the dog or cat shall be vaccinated against
rabies by a licensed veterinarian with a vaccine approved by the Iowa department of
agriculture and administered in accordance with the following schedule:
Age at Primary Vaccination
Class of Animal (Months) Booster
Dogs 4 1 year later, triennially thereafter
Cats 4 Annually or 1 year later, triennially
thereafter
*Approved 3 year vaccine may be substituted.
(b) It shall be unlawful for the owner or keeper of any ferret to keep or maintain such
animal unless the ferret shall be vaccinated against rabies by a licensed veterinarian
with a vaccine licensed for the use in ferrets and administered in accordance with the
following schedule:
Age at Primary Vaccination
Class of Animal (Months) Booster
Ferret 4 Annually
(c) Inactivated nervous tissue vaccine may only be used in accordance with the rules
of the Iowa State Department of Agriculture.
(d) A copy of the official rabies vaccination certificate approved by the Iowa State
Department of Agriculture shall be a condition precedent to the issuance of any license
authorized by this article.
(e) Each veterinarian within the city limits shall forward to the city manager by no later
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than the tenth of each month a copy of each official rabies vaccination certificate, with
the owner’s or keeper’s address, issued by the veterinarian during the preceding month.
Sec. 7-46. Confinement Authorized
(a) The owner or keeper of any dog or cat or other animal which has contracted
rabies, or which has been subject to rabies, or which has bitten or caused skin abrasion
to any person shall produce and surrender up such dog, cat or other animal to be held
in confinement in a licensed veterinarian's animal hospital under the supervision of a
licensed veterinarian and in quarantine for observation for a period of ten (10) days from
the date the bite occurred at the expense of the owner or keeper of the animal.
(b) Any animal bitten or attacked by any known rabid animal shall be quarantined
under direction of the health officer by being confined and in quarantine as provided
above for a minimum of ninety (90) days.
(c) The owner or keeper of any dog or cat or other animal which has bitten a person
may apply to the city manager to have the animal released for the purpose of home
quarantine. Home quarantine shall not be permitted unless all of the following
conditions are met:
(1) The animal must have a current rabies vaccination. The vaccination
certification must bear the description of the animal, the type of vaccine used, the
expiration of the vaccination, and the signature of the veterinarian administering
the vaccination.
(2) The animal must have a current city license, if the animal is four (4) months
of age or older.
(3) The animal must not have been running at large at the time of the bite.
(4) The animal has not previously bitten any person.
(5) Prior to approval of home quarantine, the owner or keeper must have the
animal examined by a veterinarian, licensed in the State of Iowa, who shall certify
that the animal appears to be free of rabies or any other zoonosis. Such
examination and certification must be repeated on the tenth day.
(6) The owner or keeper must demonstrate to the satisfaction of the city
manager that the owner or keeper has the proper facilities and the ability to
adequately and properly confine the animal to the owner or keeper's home or
property during the quarantine period.
(7) The owner or keeper must agree to immediately notify the city manager of
any changes in the animal's health or disposition, to allow representatives of the
city manager to enter upon the property and to examine the animal at any time
and to immediately take the animal to a licensed veterinarian for examination at
any time when directed by the city manager.
(8) The owner or keeper must agree to promptly pay all costs of veterinarian
examinations during the quarantine period.
(9) The owner or keeper must further agree to immediately surrender the
animal at any time the city manager determines that the home quarantine should
be terminated, or at any time that any provisions or conditions of home
quarantine are violated, in which event the animal shall be put in the custody of a
licensed veterinarian of the State of Iowa in the City of Dubuque for the
remainder of the quarantine period.
(10) If the city manager determines at any time that home confinement is not
appropriate for the animal, quarantine at a veterinary hospital shall be ordered.
(11) The person bitten, or if a minor, the person's parent or guardian, must sign
an acknowledgement indicating that the person has been advised of the risks of
19
rabies, that if the animal disappears during home quarantine, the person may
have to undergo post-exposure rabies prophylaxis, and that the person does not
object to home quarantine. The acknowledgement shall also relieve the City of
Dubuque, its agents, officers, and employees from any liability if the animal
disappears during home quarantine.
(12) The owner or keeper shall also execute an indemnity agreement in favor of
the City of Dubuque, which shall provide that the owner or keeper shall save
harmless, defend and indemnify the City of Dubuque and its officers, agents and
employees from any or all claims of any kind arising out of the home quarantine.
(13) The owner or keeper shall agree in writing that if the animal disappears
during the home quarantine, the owner or keeper shall indemnify the person
bitten for any and all medical expenses incurred as a result of the disappearance
of the animal. Acceptance of any such payments by the person bitten shall not in
any way release the owner or keeper from any other liability the owner may have
to the person bitten by reason of the animal bite. It shall be the sole responsibility
of the person bitten, and not the responsibility of the city, to enforce such
agreement. This paragraph shall not apply if the person bitten is the owner or
keeper of the animal or any person residing with the owner or keeper.
(d) If an undomesticated or wild animal such as a skunk, bat, fox, raccoon or other
carnivore bites a person, whether or not the animal's owner or keeper is known, the
animal shall be humanely destroyed and examined for rabies immediately.
Sec. 7-47. Reporting Rabies; Notice to City Manager
(a) It shall be the duty of the owner or keeper of any cat, dog or other domesticated
animal suspected of being rabid that has attacked, bitten or caused any skin abrasion
upon any person to report such incident to the city manager.
(b) It shall be the duty of the victim who has been attacked, bitten or caused a skin
abrasion by any cat, dog or other domesticated animal suspected of being rabid to
report such incident to the city manager.
(c) It shall be the duty of any physician or veterinarian immediately to transmit
information to the city manager that may come to such physician or veterinarian through
such physician's or veterinarian's professional capacity with reference to any person
having been attacked, bitten or having skin abrasions by any dog, cat or other domestic
animal.
Sec. 7-48. Notification to Police or City Manager of Dead Animals
Any person finding a dead dog or cat shall at once notify the police department or the city
manager.
Sec. 7-49. Punishment for Harboring Known Rabid Dog, Cat or Other Domestic Animal
Any person or keeper who shall knowingly harbor or keep any dog, cat or other animal
infected with rabies, or with knowledge that their animal was bitten by a rabid animal, fails to
report such incident to the city manager or police, shall be punished as provided in section 1-8
of this Code.
Sec. 7-50. Prohibited Actions after Mayor's Proclamation of Emergency
When the Mayor, pursuant to resolution of the City shall declare an emergency due to rabies:
(a) It shall be unlawful for the owner of any dog, cat or other domestic animal to permit
such animal to be at large.
Any dog, cat or domesticated animal found to be at large shall be deemed to be so with
the permission or at the sufferance of its owner or keeper.
(b) It shall be unlawful for any person except the owner or keeper of a dog, cat or
other domestic animal, or the owner's or keeper’s agent to open any door or gate of any
20
private premises for the purpose or result of setting such animal at large.
(c) Any licensed or unlicensed dog, cat or other domestic animal found at large shall
be impounded by the city manager or police department.
Secs. 7-51-7-74. Reserved
ARTICLE III. DANGEROUS ANIMALS
Sec. 7-75. Definitions
Unless otherwise expressly stated or the context clearly indicates a different intention, the
following terms shall, for the purpose of this Article, have the meanings in this Section:
City: The City of Dubuque.
City manager, Chief of Police, and City Clerk: Those employees of the City of Dubuque
duly appointed and holding those positions.
Dangerous Animal:
(1) Any animal which is not naturally tame or gentle, and which is of a wild nature or
disposition, and which is capable of killing, inflicting serious injury upon, or causing
disease among, human beings or domestic animals and having known tendencies as a
species to do so;
(2) Any animal(s) declared to be dangerous by the city manager or the city
manager's designee; or
(3) The following animals which shall be deemed to be dangerous animals per se:
a. Lions, tigers, jaguars, leopards, cougars, lynx and bobcats;
b. Wolves, coyotes and foxes;
c. Badgers, wolverines, weasels, skunks and mink;
d. Raccoons;
e. Bears;
f. All apes, baboons, macaques, monkeys and chimpanzees;
g. Alligators and crocodiles;
h. Scorpions;
i. Snakes and reptiles that are venomous;
j. Snakes that are constrictors, with the exception of Sand Boa Constrictors;
k. Gila monsters; and
l. Opossums
m. Any crossbreed of such animals which have similar characteristics of the
animals specified above.
Sec. 7-76. Dogs, Cats Exempted
The provisions of this Article shall not apply to domestic dogs or cats.
Sec. 7-77. Keeping of Dangerous Animals Prohibited
No person shall keep, shelter, or harbor for any purpose within the City a dangerous animal
except as provided in Sections 7-78, 7-79, and 7-81 of this Article.
Sec. 7-78. Dangerous Animals, Exceptions
The prohibition contained in Section 7-77 of this Article and the licensing provisions of
Section 7-79 of this Article shall not apply to the keeping of dangerous animals in the following
circumstances:
(a) The keeping of dangerous animals in a public zoo, bona fide educational or
medical institution, humane society, or museum where they are kept as live specimens
for the public to view, or for the purpose of instruction, research or study.
(b) The keeping of dangerous animals for exhibition to the public by a bona fide
traveling circus, carnival, exhibit or show licensed to perform in the City.
(c) The keeping of dangerous animals in a bona fide, licensed veterinary hospital for
treatment.
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(d) The keeping of dangerous animals by a wildlife rescue organization, with
appropriate permit from the Iowa Conservation Commission or the Iowa Department of
Natural Resources.
(e) Any dangerous animals under the jurisdiction of and in the possession of the
Iowa Conservation Commission, pursuant to chapter 109 or 109A of the Iowa Code.
(f) A bona fide commercial pet shop licensed and inspected by the Iowa Department
of Agriculture. Any such pet shop shall post in a conspicuous place, the following notice:
NOTICE
Section 7-77 of the City of Dubuque Code of Ordinances prohibits the keeping,
sheltering or harboring for any purpose within the City of Dubuque, any dangerous
animal, as defined in Section 7-75. Dangerous animal includes but is not limited to the
following:
a. Lions, tigers, jaguars, leopards, cougars, lynx and bobcats;
b. Wolves, coyotes and foxes;
c. Badgers, wolverines, weasels, skunks and mink;
d. Raccoons;
e. Bears;
f. All apes, baboons, macaques, monkeys and chimpanzees;
g. Alligators and crocodiles;
h. Scorpions;
i. Snakes and reptiles that are venomous;
j. Snakes that are constrictors, with the exception of Sand Boa Constrictors;
k. Gila monsters; and
l. Opossums
m. Any crossbreed of such animals which have similar characteristics of the animals
specified above.
Sec. 7-79. Keeping of Dangerous Animals Regulated
(a) Any person keeping, sheltering or harboring a dangerous animal shall at all times keep
such animal securely confined within a cage or other enclosure approved by the Health
Services Officer.
(b) No person keeping, sheltering or harboring a dangerous animal shall permit or allow
such animal to enter upon or traverse any public property, park property, public right of way, or
any business establishment licensed by the city, or the property of another except when such
animal is being transported while caged or confined.
(c) It shall be the duty of the animal keeper, shelterer or harborer to report to the city
manager/police department when a dangerous animal is found missing.
(d) No person shall keep, shelter or harbor a dangerous animal which has demonstrated
without provocation to attack or bite.
Sec. 7-80. General Prohibition and Duty
No person shall aid or cause any dangerous animal, whether owned by such person or not,
to escape confinement or impoundment, whether such confinement or impoundment be upon
such person's property or that of another by opening any gate, door or window or making any
opening of any fence, enclosure or structure or by unleashing such animal.
Sec. 7-81. Seizure, Impoundment and Disposition of Dangerous Animals
(a) In the event that a dangerous animal is found at large upon public property, park
property, public right(s) of way, or the property of someone other than its keeper, harborer or
shelterer thereby creating a hazard to person or property, such animal may, in the discretion of
the city manager be destroyed if it cannot be confined or captured. The city shall be under no
duty to attempt the confinement or capture of dangerous animal found at large, nor shall it
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have a duty to notify the keeper, harborer, or shelterer of such animal prior to its destruction.
(b) Upon the complaint of any individual that a person is keeping, sheltering, or harboring a
dangerous animal on-premises in the city in violation of section 7-77, 7-79, 7-80 of this article
or that a person is keeping, sheltering or harboring a dangerous animal which has
demonstrated a propensity to attack or bite without provocation, the city manager shall order
the person named in the complaint to safely remove such animal from the city, permanently
place the animal with an organization or group allowed under section 7-78 of this article to
possess dangerous animals, or destroy the animal, within three (3) days of the receipt of such
order. Such order shall be contained in a notice to remove the dangerous animal, which notice
shall be in writing and delivered personally or by certified mail to the person keeping,
sheltering or harboring the dangerous animal. Such order and notice to remove the dangerous
animal shall not be required where the health services officer determines that such dangerous
animal has previously caused serious physical harm or death to any person in which case the
health services officer shall cause the animal to be immediately seized and impounded or
killed if seizure and impoundment are not possible without risk of serious physical harm or
death to any person.
(c) The order to remove a dangerous animal issued by the city manager may be appealed
to the city council. To appeal such order, written notice of appeal stating the grounds for the
appeal must be filed with the city clerk within three (3) days after receipt of the order and
notice to remove the dangerous animal. Failure to file such written notice of appeal shall
constitute a waiver of the right to appeal the order of the health services officer.
(1) The hearing on the appeal shall be within fourteen (14) days of the filing of the
notice of appeal with the city clerk. The hearing may be continued for good cause.
(2) After such hearing, the city council may affirm or reverse the order of the city
manager. Such determination shall be contained in a written decision and shall be filed
with the city clerk within three (3) days after the hearing, or any continued session
thereof.
(3) If the city council affirms the action of the city manager, the city council shall
order in its written decision that the person sheltering, harboring, or keeping such
dangerous animal, remove such animal from the city, permanently place such animal
with an organization or group allowed under section 7-78 of this article to possess
dangerous animals, or destroy it. The decision and order shall immediately be served
upon the person against whom rendered in the same manner as the notice of removal.
(d) If the order of the city manager is not appealed and is not complied with within three (3)
days of its issuance, the City Manager is authorized to seize and impound such dangerous
animal. If the written decision of the city council is not complied with within three (3) days of
this issuance, the city manager is authorized to seize and impound such dangerous animal. An
animal so seized shall be impounded for a period of seven (7) days.
(e) If at the end of the impoundment period, the person against whom the decision and
order of the city manager or city council was issued has not petitioned the Dubuque County
district court for review of said order, the city manager shall cause the animal to be disposed of
by sale, permanently place such animal to be disposed of by sale, permanently place such
animal with an organization or group allowed under section 7-78 of this article to possess
dangerous animals, or destroy such animal in a humane manner.
ARTICLE IV. POTENTIALLY VICIOUS DOGS
Sec. 7-82. Potentially Vicious Dog
A "potentially vicious dog" is a dog that:
(a) When unprovoked, on two (2) separate occasions, has engaged in any behavior
that has required a defensive action by any person to prevent bodily injury when the
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person and dog were off of the property of the owner or keeper of the dog;
(b) When unprovoked, has attacked or bitten a person;
(c) When unprovoked, has inflicted a serious injury or caused the death of a
domestic animal, either on public or private property other than the property of the
owner or keeper; or
(d) When unprovoked, chases or approaches a person or domestic animal upon the
streets, sidewalks, or any public or private property other than the property of the owner
or keeper, in a menacing fashion or apparent attitude of attack.
Sec. 7-83. Procedure for Declaration of Potentially Vicious Dog
(a) The city manager may find and declare an animal potentially vicious based upon
the following:
(1) The written complaint of a citizen that the animal has acted in a manner set
forth in section 7-82 of this article;
(2) Dog bite reports filed with the health services department;
(3) Actions of the dog witnessed by any animal control officer or law
enforcement officer; or
(4) Other substantial evidence.
(b) The declaration of a potentially vicious dog shall be in writing and shall be served
on the owner or keeper in one of the following methods: personally, by certified mail to
the owner at the owner's or keeper’s last known address, or if the owner or keeper
cannot be served personally or by mail, by publication in a newspaper of general
circulation in the county.
(c) The declaration shall state:
(1) The description of the animal;
(2) The name and address of the owner or keeper of the animal, if known;
(3) The whereabouts of the animal, if not in the custody of the owner or keeper;
(4) The facts upon which the declaration of potentially vicious dog is based;
(5) The owner's or keeper’s right to a hearing if the person objects to the
declaration;
(6) The restrictions placed upon the animal as a result of the declaration of
potentially vicious dog; and
(7) The penalties for a violation of such restrictions.
(8) If the city manager so determines, that the owner or keeper be required to
have microchip identification implanted in the dog.
(d) The owner or keeper may object to the declaration of potentially vicious dog by
requesting a hearing before the city manager by submitting a written request to the city
manager within ten (10) days of the date of mailing of the declaration, or within ten (10)
days of the publication of the declaration.
(1) If the city manager finds that there is insufficient evidence to support the
declaration, it shall be rescinded, and the restrictions imposed thereby annulled.
(2) If the city manager finds sufficient evidence to support the declaration, the city
manager shall provide the owner with written notice of such determination within five (5)
working days after the hearing.
(3) Prior to the hearing, the owner or keeper shall confine the dog in a fenced
enclosure on the owner's or keeper’s premises. It shall be unlawful for the owner or
keeper of the potentially vicious dog to allow or permit such dog to go beyond the
premises of the owner or keeper unless such dog is securely leashed and humanely
muzzled or otherwise securely restrained.
(4) If it is determined by the animal control officer or law enforcement officer that
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probable cause exists to believe the dog in question poses an immediate threat to
public safety, then the animal control officer or law enforcement officer may seize and
impound the dog pending the hearing to be held pursuant to this article. The owner or
keeper of the dog shall be liable to the city or county where the dog is impounded for
the costs and expenses of keeping the dog if the dog is later determined to be
potentially vicious. When a dog has been impounded and it is not contrary to public
safety, the animal control officer shall permit the animal to be confined at the owner's
expense in a health services department approved kennel or veterinary facility.
Sec. 7-84. Notification of Status of Potentially Vicious Dog
The owner or keeper shall immediately notify the health services department when a dog
which has been classified as potentially vicious:
(a) Is loose or unconfined;
(b) Has bitten a human being or attacked another animal;
(c) Is sold or given away, or dies; or
(d) Is moved to another address.
Prior to a potentially vicious dog being sold or given away, the owner or keeper shall provide
the name, address and telephone number of the new owner or keeper to the health services
department. The new owner or keeper shall comply with all the requirements of this chapter.
Sec. 7-85. Exceptions to Classification
The code adopted by Section 7-85 of this Chapter is hereby amended as provided in this
Section:
(a) No dog may be declared potentially vicious if:
(1) Any injury or damage was sustained by a person who, at the time of the
injury or damage was sustained, was committing a willful trespass or other tort
upon premises occupied by the owner or keeper of the dog, or was teasing,
tormenting, abusing, or assaulting the dog, or was committing or attempting to
commit a crime;
(2) The dog was protecting or defending a person within the immediate vicinity
of the dog from an unjustified attack or assault; or
(3) The injury or damage was sustained by a person or a domestic animal,
which at the time of the injury or damage was sustained, was teasing, tormenting,
abusing or assaulting the dog.
(b) No dog may be declared potentially vicious if the injury or damage to a domestic
animal was sustained while the dog was working as a hunting dog, herding dog or
predator control dog on the property of, or under the control of, its owner or keeper, and
the damage or injury was to a species or type of domestic animal appropriate to the
work of the dog.
Sec. 7-86. Disposition of Potentially Vicious Dog
(a) A potentially vicious dog shall be properly licensed and vaccinated. The
potentially vicious designation shall be included in the registration records of the dog.
The city may charge a potentially vicious dog fee in addition to the regular licensing fee
to provide for the increased costs of maintaining the records of the dog.
(b) A potentially vicious dog, while on the owner's or keeper’s property, shall at all
times be kept indoors or in a securely fenced yard from which the dog cannot escape
and into which children cannot trespass. A potentially vicious animal may be off the
owner's or keeper’s premises only if restrained by a substantial leash, of appropriate
length, and if the dog is under the control of a responsible adult and is humanely
muzzled.
(c) If a potentially vicious dog dies, or is sold, transferred or permanently removed
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from the city, the owner or keeper of the dog shall notify the health services department
of the changed condition and new location of the dog in writing within two (2) working
days.
Section 2. This Ordinance shall take effect upon publication.
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Passed, approved and adopted this 3 day of November, 2008.
/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 7 day of November, 2008.
/s/Jeanne F. Schneider, CMC, City Clerk
Downtown Design Guidelines Work Session: City Manager requesting that a work session
be scheduled regarding the Downtown Design Guidelines on November 24th at 6:30 p.m. or
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December 1 at 5:00 p.m. Motion by Connors to receive and file the documents and set the
date for December 1, 2008 at 5:00 p.m. in the Historic Federal Building. Seconded by Lynch.
Motion carried 7-0.
Sustainable Dubuque Initiative Work Session: City Manager submitting information on the
Sustainable Dubuque Initiative and requesting that a work session be scheduled on November
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17 or December 15 at 5:00 p.m. Motion by Connors to receive and file the documents and
set the date for November 17, 2008 at 5:00 p.m. in the Historic Federal Building. Seconded by
Lynch. Motion carried 7-0.
2009 Legislative Priorities: City Manager recommending approval of the 2009 Legislative
Priorities. Motion by Jones to receive and file the documents and approve. Seconded by
Voetberg. Motion carried 7-0.
City of Dubuque Receives Award from International Economic Development Council: Press
release announcing that the City of Dubuque is receiving the 2008 Excellence in Economic
Development Awards Honorable Mention in recognition of the America’s River Project
public/private partnerships from the International Economic Development Council. Motion by
Lynch to receive and file the document. Seconded by Jones. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Jones reported his and the Mayor’s attendance at the recent Dubuque Weatherization
Challenge event and thanked the Mayor for his participation.
Buol stated that the Dubuque Weatherization Challenge was one reason Dubuque is an All
America City and thanked the many volunteers involved.
Braig provided a communication she received requesting the City of Dubuque register with
the Mayors for Peace and read the cover letter from the Mayor of Hiroshima, Japan.
There being no further business, upon motion the meeting adjourned at 8:08 p.m.
/s/Kevin S. Firnstahl
Assistant City Clerk
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