2 16 09 City Council Proceedings Official_Regular
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on February 16, 2009 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.
Pledge of Allegiance
Invocation was provided by Monsignor Wayne Ressler of St. Raphael's Cathedral
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: Airport Commission of 11/24 and 12/29/08; Cable TV
Teleprogramming Commission of 1/6 and 1/20; City Conference Board of 3/10 and 8/4/08; City
Council of 2/2, 2/9, and 2/10; Human Rights Commission of 12/8; Investment Oversight Advisory
Commission of 2/5; Zoning Advisory Commission of 2/4
Proofs of publication of City Council Proceedings of January 20 and 26, 2009 and List of Claims
and Summary of Revenues for Month Ending December 31, 2008
Carnegie-Stout Library Board of Trustees Update from Meeting of January 22, 2009
Upon motion the documents were received and filed.
Notice of Claims/Suits: Patricia Gerhard for property damage; Carolyn Callahan for vehicle
damage; Randy Miller for property damage; Suellen Flynn for vehicle damage; Gordon and Kathy
Dailey for vehicle damage; Nicole Lammer for personal injury; Patricia Gerhard for property
damage; Sara J. Gilles for personal injury; Mark Sarazin for property damage; Jennifer Ney for
vehicle 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: Carolyn Callahan for vehicle
damage; Nicole Morgan for personal injury / vehicle damage; Kerry Massey for property damage;
Patricia Gerhard for property damage. Upon motion the documents were received, filed and
concurred
Citizen Communications: Communication from Dan Boge, 333 Villa Street, requesting
acceptance of the completed sanitary sewer and water main system for Pine Knoll Condominiums.
Communication from Barbara Lombardi, 1398 White Street, regarding landlord / tenants in the
City of Dubuque.
Upon motion the documents were received and filed and referred to the City Manager
City Development Board: Communication from Steve McCann, City Development Board
Administrator, submitting the “Findings of Fact and Conclusions of Law and Determination” and the
“Filing of Written Decision” in the matter of the City of Dubuque’s voluntary annexation. Upon
motion the documents were received and filed.
Civil Service Commission: Civil Service Commission submitting the certified list for the positions
of Inspector II and Maintenance Worker. Upon motion the documents were received and filed and
made a Matter of Record.
January 30, 2009
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, an examination for the position of
Inspector II was given. This exam was evaluated by City staff and final scoring approved.
We hereby certify that the following individuals have passed this written examination and the
vacancy for this position should be made from this list. We further state that this list is good for two
(2) years from above date.
INSPECTOR II
Jerry J. Arensdorf Dennis E. Hahley
Brian R. Dorn Michael J. Sievers
Todd M. Carr Jeffrey W. Zasada
Stephen D. Scales Jon A. Herrig
Jason A. Wilson Mark R. Bradley
George S. Malcolm Aaron A. Aschtgen
Richard J. Zeller Steven G. Kruser
Anthony J. Engling Corey J. Firzlaff
Steven L. Christ
Respectfully submitted,
Otto Krueger,
Dan White,
Civil Service Commission
January 30, 2009
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, an examination for the position of
Maintenance Worker was given on January 9, 2009. We hereby certify that the individuals listed
below have passed this written examination and the vacancy for this position should be made from
this list and that this list is good for two (2) years from above date.
MAINTENANCE WORKER
Michael C. Horsfall
Alan Sabers
Christian L. Kloft
Respectfully submitted,
Otto Krueger,
Dan White,
Civil Service Commission
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Oak Meadows Second Addition – Phase 4: City Manager recommending acceptance of the
public improvements which the developer and owner, Jim Stock Realty and Construction, has
completed in Block 3 of Oak Meadows Second Addition – Phase 4 (Doe Court) in the City of
Dubuque, Iowa. Upon motion the documents were received and filed and Resolution No. 49-09
Accepting public improvements in Oak Meadows Second Addition and Resolution No. 50-09
Accepting the grant of an easement for sanitary sewer through, under and across Lots 3, 4, and 5
of Block 3 of Oak Meadows Second Addition in the City of Dubuque were adopted.
RESOLUTION NO. 49-09
ACCEPTING IMPROVEMENTS IN BLOCK 3 OAK MEADOWS SECOND ADDITION – PHASE 4
(DOE COURT) IN THE CITY OF DUBUQUE, IOWA
Whereas, pursuant to Resolution No. 87-01, certain public improvements including sanitary
sewer main and watermain were installed by the developer of Block 3 Oak Meadows Second
Addition in the City of Dubuque, Iowa.
Whereas, the improvements have been completed and the City Manager has examined the
work and has filed a certificate stating that the same has been completed in accordance with the
plans approved by the City Council and in conformance with City specifications, and has
recommended that the improvements be accepted by the City Council.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBQUE,
IOWA:
Section 1. That the recommendation of the City Manager be approved and that said public
improvements in Block 3 Oak Meadows Second Addition – Phase 4 (Doe Court) in the City of
Dubuque, Iowa, be and the same is hereby accepted.
Section 2. That maintenance of said improvements shall be the responsibility of Jim Stock
Realty and Construction for a period of two (2) years from the date of this resolution.
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Passed, approved and adopted this 16 day of February, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 50-09
ACCEPTING THE GRANT OF AN EASEMENT FOR SANITARY SEWER THROUGH, UNDER
AND ACROSS LOTS 3, 4, AND 5 OF BLOCK 3 OF OAK MEADOW SECOND ADDITION IN
THE CITY OF DUBUQUE
Whereas, James W. and Nancy S. Stock have executed an Easement for Sanitary Sewer
through, under and across Lots 3, 4, and 5 of Block 3 of Oak Meadow Second Addition 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 Easement for Sanitary Sewer through, under and across Lots 3, 4, and 5
of Block 3 of Oak Meadow Second Addition in the City of Dubuque, Dubuque County, Iowa from
James W. and Nancy S. Stock, 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, approved and adopted this 16 day of February, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
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911 High Bluff Retaining Wall Repair Project: City Manager recommending acceptance of the
911 High Bluff Retaining Wall Repair Project as completed by Arensdorf Trucking & Excavating,
Inc. in the final contract amount of $112,371.04. Upon motion the documents were received and
filed and Resolution No. 51-09 Accepting the 911 High Bluff Retaining Wall Repair Project and
authorizing the payment of the contract amount to the contractor was adopted.
RESOLUTION NO. 51-09
ACCEPTING THE 911 HIGH BLUFF RETAINING WALL REPAIR PROJECT AND
AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract for the 911 High Bluff Retaining Wall Repair Project
(the Project) has been completed and the City Engineer has examined the work and filed a
certificate stating that the Project has been completed according to the terms of the Public
Improvement Contract and that the City Engineer recommends that the Project be accepted; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City Engineer is approved and the Project is hereby
accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor from the High
Bluff/Thomas Wall Capital Improvement Program appropriation (CIP#3502089) for the contract
amount of $112,371.04 less any retained percentage provided for therein as provided in Iowa
Code chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code
chapter 573.
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Passed, approved and adopted this 16 day of February, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE 911 HIGH BLUFF
RETAINING WALL REPAIR PROJECT
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has
inspected the 911 High Bluff Retaining Wall Repair Project, that the Project has been performed in
compliance with the terms of the Public Improvement Contract, and that the total cost of the
completed work is $139,739.23.
Dated this 11th day of February, 2009.
Gus Psihoyos, City Engineer
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Filed in the office of the City Clerk on the 11 day of February, 2009.
Jeanne F. Schneider, CMC, City Clerk
Isaac Hanna Subdivision: City Manager recommending acceptance of the sanitary sewer which
the developer, Isaac Hanna, LLC/George Isaac, has recently completed in the Isaac Hanna
Subdivision, a commercial subdivision located between Old Highway Road and US Highway 20.
Upon motion the documents were received and filed and Resolution No. 52-09 Accepting the
sanitary sewer improvements in the Isaac Hanna Subdivision was adopted.
RESOLUTION NO. 52-09
ACCEPTING SANITARY SEWER IMPROVEMENTS IN THE ISAAC HANNA SUBDIVISION
Whereas, pursuant to Resolution 507-07, certain public improvements including sanitary sewer
and stormwater detention facilities were installed by the developer of the Isaac Hanna Subdivision.
Whereas, the improvements have been completed and the City Manager has examined the
work and has filed a certificate stating that the same has been completed in accordance with the
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plans approved by the City Council and in conformance with City specifications, and has
recommended that the sanitary sewer improvements be accepted by the City Council.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the recommendation of the City Manager be approved and that said sanitary
sewer in the Isaac Hanna Subdivision be and the same is hereby accepted.
Section 2. That maintenance of said public sewer shall be the responsibility of Isaac Hanna,
LLC with costs for said maintenance of the sanitary sewer being the responsibility of Isaac Hanna,
LLC for a period of two (2) years from the date of this resolution.
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Passed, approved and adopted this 16 day of February, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Edwards Cast Stone Company: City Manager recommending acceptance of the easements for
a sanitary sewer proposed for Edwards Cast Stone Company. Upon motion the documents were
received and filed and Resolution No. 53-09 Accepting the grant of an easement for sanitary sewer
over and across Lot 2-1-1-1-1-1-1 of Mineral Lot 510 in the City of Dubuque and Resolution No.
54-09 Accepting the grant of an easement for sanitary sewer over and across Lot 2 of 2 of Beverly
Pines in the City of Dubuque were adopted.
RESOLUTION NO. 53-09
ACCEPTING THE GRANT OF AN EASEMENT FOR SANITARY SEWER OVER AND ACROSS
LOT 2-1-1-1-1-1-1 OF MINERAL LOT 510 IN THE CITY OF DUBUQUE
Whereas, Edwards Family Realty Co., LC have executed an Easement for Sanitary Sewer over
and across Lot 2-1-1-1-1-1-1 of Mineral Lot 510 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 Easement for Sanitary Sewer over and across Lot 2-1-1-1-1-1-1 of Mineral
Lot 510 in the City of Dubuque, Dubuque County, Iowa from Edwards Family Realty Co., LC, 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, approved and adopted this 16 day of February, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 54-09
ACCEPTING THE GRANT OF AN EASEMENT FOR SANITARY SEWER OVER AND ACROSS
LOT 2 OF 2 OF BEVERLY PINES IN THE CITY OF DUBUQUE
Whereas, Donald R. and Bonnie R. Walling have executed an Easement for Sanitary Sewer
over and across Lot 2 of 2 of Beverly Pines 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 Easement for Sanitary Sewer over and across Lot 2 of 2 of Beverly Pines
in the City of Dubuque, Dubuque County, Iowa from Donald R. and Bonnie R. Walling, a copy of
which is attached hereto.
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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, approved and adopted this 16 day of February, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
TLC Properties, Inc.: City Manager recommending acceptance of the Grant of Easement for
sidewalk, underground electric, fiber optic cable, traffic signals and other appurtenances at the
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northeast corner of the intersection at 16 and Elm Streets from TLC Properties, Inc., (dba Lamar
Advertising). Upon motion the documents were received and filed and Resolution No. 55-09
Accepting the grant of an easement for sidewalk, underground electric, fiber optic cable, traffic
signals and other appurtenances through, under and across part of Lot 181 in East Dubuque, an
addition to the City of Dubuque, Dubuque County, Iowa, was adopted.
RESOLUTION NO. 55-09
ACCEPTING THE GRANT OF AN EASEMENT FOR SIDEWALK, UNDERGROUND ELECTRIC,
FIBER OPTIC CABLE, TRAFFIC SIGNALS AND OTHER APPURTENANCES THROUGH,
UNDER AND ACROSS PART OF LOT 181 IN EAST DUBUQUE, AN ADDITION TO THE CITY
OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, TLC Properties, Inc. (dba Lamar Advertising) has executed an Easement for
Sidewalk, Underground Electric, Fiber Optic Cable, Traffic Signals & Other Appurtenances
through, under, and across part of Lot 181 in East Dubuque, an Addition to 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 Easement for Sidewalk, Underground Electric, Fiber Optic Cable, Traffic
Signals & Other Appurtenances through, under, and across part of Lot 181 in East Dubuque, an
Addition to the City of Dubuque, Dubuque County, Iowa from TLC Properties, Inc. (dba Lamar
Advertising) 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, approved and adopted this 16 day of February, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Dubuque Property Management, LLC: City Manager recommending acceptance of the Grant of
Easement from Dubuque Property Management, LLC, for installation of a sanitary sewer between
Van Buren Avenue and University Avenue. Upon motion the documents were received and filed
and Resolution No. 56-09 Accepting the grant of an easement for sanitary sewer through, under
and across part of Lots 8, 9, 49 and 50 of Lenox Addition in the City of Dubuque was adopted.
RESOLUTION NO. 56-09
ACCEPTING THE GRANT OF AN EASEMENT FOR SANITARY SEWER THROUGH, UNDER
AND ACROSS PART OF LOTS 8, 9, 49 AND 50 OF LENOX ADDITION IN THE CITY OF
DUBUQUE
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Whereas, Dubuque Property Management, LLC has executed an Easement for Sanitary Sewer
through, under and across part of Lots 8, 9, 49 and 50 of Lenox Addition 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 Easement for Sanitary Sewer through, under and across part of Lots 8, 9,
49, and 50 of Lenox Addition in the City of Dubuque, Dubuque County, Iowa from Dubuque
Property Management, 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, approved and adopted this 16 day of February, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Hempstead Traffic Signals – Acceptance of Storm Sewer Easement: City Manager
recommending acceptance of an easement for a storm sewer along Pennsylvania Avenue right-of-
way west of Lucy Drive from Gary and Beverly Brewer. Upon motion the documents were received
and filed and Resolution No. 57-09 Accepting the grant of an easement for storm sewer over and
across Lot 1 Block 1 Sunset Park Fifth Addition in the City of Dubuque was adopted.
RESOLUTION NO. 57-09
ACCEPTING THE GRANT OF AN EASEMENT FOR STORM SEWER OVER AND ACROSS
LOT 1 BLOCK 1 SUNSET PARK FIFTH ADDITION IN THE CITY OF DUBUQUE
Whereas, Gary C. and Beverly R. Brewer have executed an Easement for Storm Sewer over
and across Lot 1 Block 1 Sunset Park Fifth Addition 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 Easement for Storm Sewer over and across Lot 1 Block 1 Sunset Park
Fifth Addition in the City of Dubuque, Dubuque County, Iowa from Gary C. and Beverly R. Brewer,
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, approved and adopted this 16 day of February, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Louise Street Bridge - Acceptance of Warranty Deed: City Manager recommending acceptance
of the warranty deed for a parcel of property owned by James R. Foht (Lot 2-1 Evelyn Tharp Place
in Mineral Lot 324 in the City of Dubuque) necessary for reconstruction of the Louise Lane Bridge.
Upon motion the documents were received and filed and Resolution No. 58-09 Accepting the deed
to certain real estate in Dubuque County, Iowa from James R. Foht was adopted.
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RESOLUTION NO. 58-09
ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM
JAMES R. FOHT
WHEREAS, the City of Dubuque entered into an Agreement with James R. Foht for the
purchase of the following described real property in Dubuque County, Iowa: Lot 2-1 of “Evelyn
Tharp Place” in Mineral Lot 324, in the City of Dubuque, Iowa; and,
WHEREAS, the terms of the Agreement have now been met.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, AS FOLLOWS:
1. The City of Dubuque hereby accepts the Deed from James R. Foht attached hereto.
2. The City Clerk is hereby authorized and directed to record this Resolution and the Deed with
the Dubuque County Recorder.
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Passed, approved and adopted this 16 day of February, 2009.
Roy D. Buol, Mayor
Attest Jeanne F. Schneider, City Clerk
Historic Federal Building – United States Department of Interior Letter: City Manager
transmitting a letter from the United States Department of the Interior regarding the City’s recent
submittal of the Biennial Report for the Historic Federal Building. Upon motion the documents were
received and filed.
Plat of Survey – Northrange Industrial Park No. 3: Zoning Advisory Commission recommending
approval of the Plat of Survey of Northrange Industrial Park No. 3 as requested by Steve Smith.
Upon motion the documents were received and filed and Resolution No. 59-09 Approving the Plat
of Survey of Lots 1 of 1 and 2 of 1 of Northrange Industrial Park No. 3 in the City of Dubuque,
Iowa, was adopted.
RESOLUTION NO. 59-09
APPROVING THE PLAT OF SURVEY LOTS 1 OF 1 AND 2 OF 1 NORTH RANGE INDUSTRIAL
PARK NO. 3 IN THE CITY OF DUBUQUE, IOWA.
Whereas, there has been filed with the City Clerk a Plat of Survey Lots 1 of 1 and 2 of 1 North
Range Industrial Park No. 3 in the City of Dubuque, Iowa; and
Whereas, the plat of survey has been examined by the Zoning Advisory Commission and had its
approval endorsed thereon; and
Whereas, said plat of survey has been examined by the City Council and they find that it
conforms to the statutes and Resolutions relating to it
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Plat of Survey Lots 1 of 1 and 2 of 1 North Range Industrial Park No. 3 is
hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the
approval of the City of Dubuque, Iowa, upon said Plat of Survey provided that the owner of said
property shall execute a written acceptance hereto attached, acknowledging and agreeing.
a) That access for Lot 2 of Lot 1 Northrange Industrial Park No. 3 must utilize the 66-foot
easement “A” for access to Pennsylvania Avenue.
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Passed, approved and adopted this 16 day of February 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
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ACCEPTANCE OF RESOLUTION NO. 59-09
I, the undersigned, Steve Smith, having read the terms and conditions of the foregoing
Resolution No. 59-09 and being familiar with the conditions thereof, hereby accept this same and
agree to the conditions required therein.
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Dated in Dubuque, Iowa this 16 day of February 2009.
/s/Steve Smith
Preliminary Plat – Tanglewood Subdivision: Zoning Advisory Commission recommending
approval of the Preliminary Plat of Tanglewood Subdivision as requested by David Chapin/Steve
Schmidt. Upon motion the documents were received, filed, and approved.
Land and Water Conservation Fund (LWCF) Grant Application: City Manager recommending
approval of the submission of a Land and Water Conservation Fund (LWCF) Grant application for
the E.B. Lyons Center Expansion project. Upon motion the documents were received and filed and
Resolution No. 60-09 Approving a LWCF grant application to the Iowa Department of Natural
Resources for the E.B. Lyons Interpretive Center Expansion was adopted.
RESOLUTION NO. 60-09
APPROVING A LWCF GRANT AGREEMENT WITH THE IOWA DEPARTMENT OF NATURAL
RESOURCES FOR THE E.B. LYONS INTERPRETIVE CENTER EXPANSION
WHEREAS, the City of Dubuque, Iowa is interested in developing outdoor recreational facilities
on the following described project for the enjoyment of the citizenry of City of Dubuque, Iowa and
the State Iowa.
Project Title: E.B. Lyons Interpretive Center Expansion
Total Estimated Cost: $1,476,994
Brief Description of Project: The E.B. Lyons Interpretive Center serves as a visitor information
center and park office for the Mines of Spain. It currently serves over 200,000 visitors annually.
Continued success and growth in interpretation and education are significantly inhibited by
current space limitations. Expansion of the Interpretive Center will double its size, create more
space for interpretation and education, and make it accessible; and
WHEREAS, Land and Water Conservation Fund financial assistance is required for the acquisition
or development of said outdoor recreational facilities,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the project described above be authorized.
Section 2. That the City of Dubuque approves the grant agreement with the Iowa Department of
Natural Resources for Land and Water Conservation Fund financial assistance from the National
Park Service in the amount of $19,000 on behalf of said City of Dubuque.
Section 3. That the City of Dubuque certifies to the following:
1. That it will accept the terms and conditions set forth in the NPS Grants-in-Aid Manual and
which will be a part of the Project Agreement for any grant awarded under the attached
proposal.
2. That it is in complete accord with the attached proposal and that it will carry out the
acquisition and/or development in the manner described in the proposal and any plans and
specifications attached thereto unless prior approval for any change has been received from
the Iowa Department of Natural Resources.
3. That is has the ability and intention to finance its share of the cost of the project and that the
project will be operated and maintained at the expense of said City of Dubuque for public
outdoor recreational use.
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4. That no financial assistance has been given or promised under any other federal program or
activity with regard to the proposed project.
5. That it will not discriminate against any person on the basis of race, color, or natural origin in
the use of any property or failure acquired or developed pursuant to this proposal, and shall
comply with the terms and intent of the Title VI of the Civil Rights Act of 1964, P.L. 88-352
(1964), and of the regulations promulgated pursuant to such Act by the Secretary of the
Interior and contained in 43 CFR 17.
6. That it will maintain adequate financial records on the proposed project to substantiate
claims for cost-sharing.
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Passed, approved and adopted this 16 day of February 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Floodwall Levee Slope Stabilization Project: City Manager recommending award of the contract
for the Floodwall Levee Slope Stabilization Project to Eastern Iowa Excavating & Concrete, LLC of
Cascade, Iowa, in the amount of $183,087.50. Upon motion the documents were received and
filed and Resolution No. 61-09 Awarding public improvement contract for the Floodwall Levee
Slope Stabilization Project was adopted.
RESOLUTION NO. 61-09
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE FLOODWALL LEVEE SLOPE
STABILIZATION PROJECT
Whereas, sealed proposals have been submitted by contractors for the Floodwall Levee Slope
Stabilization Project (the Project) pursuant to Resolution Number 30-09 and Notice to Bidders
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published in the city of Dubuque, Iowa on the 23 day of January 2009.
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Whereas, said sealed proposals were opened and read on the 3 day of February, 2009 and it
has been determined that Eastern Iowa Excavating & Concrete, LLC of Cascade, Iowa with a bid
in the amount of $183,087.50 is the lowest responsive, responsible bidder for the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Public Improvement contract for the Project is hereby awarded to Eastern Iowa
Excavating & Concrete, LLC and the City Manager is hereby directed to execute a Public
Improvement Contract on behalf of the City of Dubuque for the Project.
Passed, adopted and approved this 16th day of February 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Subcontract with Helping Services for Northeast Iowa: City Manager recommending approval of
a subcontract with Helping Services for Northeast Iowa regarding the enforcement of underage
drinking laws by providing funding for alcohol compliance checks and monitoring of area liquor
license holders. Upon motion the documents were received, filed, and approved.
Purchase of Property – 2268 Washington Street: City Manager recommending approval of the
purchase of a residential dwelling located at 2268 Washington 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. 62-09 Approving the acquisition of real estate located
at 2268 Washington Street in the City of Dubuque, Iowa, was adopted.
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RESOLUTION NO. 62-09
APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 2268 WASHINGTON
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 sixty third 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:
The South 27 ½ feet of Lot 1 of Lot 1 of Lot 103, in L.H. Langworthy’s Addition, in the City of
Dubuque, Iowa, according to the recorded Plat thereof
At the cost of Eighty thousand dollars ($80,000).
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 16 day of February, 2009.
Roy D. Buol, Mayor
Attest: Jeanne Schneider, CMC, City Clerk
2008 Urban Revitalization Program Applications: City Manager recommending approval of 2008
Urban Revitalization Program applications for residential property tax exemptions. Upon motion the
documents were received and filed and Resolution No. 63-09 Approving residential property tax
exemption applications submitted by property owners in recognized urban revitalization areas and
authorizing the transmittal of the approved applications to the City Assessor was adopted.
RESOLUTION NO. 63-09
APPROVING PROPERTY TAX EXEMPTION APPLICATIONS SUBMITTED BY PROPERTY
OWNERS IN RECOGNIZED URBAN REVITALIZATION AREAS AND AUTHORIZING THE
TRANSMITTAL OF THE APPROVED APPLICATIONS TO THE CITY TAX ASSESSOR
Whereas, Chapter 404 of the Code of Iowa, the Urban Revitalization Act, permits cities to
exempt property taxes for improvements made to properties in designated revitalization areas; and
Whereas, the Urban Revitalization Act requires property owners to submit a written application
for exemption by February 1 of the assessment year for which the exemption is first claimed, and
further requires the City Council to approve all applications that meet the requirements of the
adopted Urban Revitalization Plan and forward the approved applications to the City Assessor for
review by March 1 of each year; and
Whereas, pursuant to the requirements of said Urban Revitalization Act, the following Urban
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Revitalization Areas were established: Washington Neighborhood, Jackson Park, West 11 Street,
Old Main, Cathedral and Langworthy; and
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Whereas, the City of Dubuque, as of February 1, 2009, received tax exemption applications
from the following property owners in the aforementioned urban revitalization districts.
Washington Neighborhood Urban Revitalization Area
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131 East 13 Street- Larry & Brenda Huseman
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253-259 East 14 Street- Richard Properties
1126 White Street-Horsfall Inc
2064 Washington-Gloria Valdez
2073 Jackson- Thomas J. Richard
1664-1670 Washington- Gary Carner
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West 11 Street Urban Revitalization Area
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563 West 11 Street-Michael Lang & Suzanne Guinn
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631 West 16 Street- David & Bridget stipanovich
1531 Cornell- Marvin & Mary Ritt
535 Chestnut-Don & Lisa Leik
1323-1325 Bluff Street-Susan Kearns & David Luchsinger
1283 Walnut- Daniel & Tammy Steffen
Jackson Park Urban Revitalization Area
1433 Main Street- Scott Hendron
1599 Bluff-Joseph & Madeline Schlarman
Langworthy Urban Revitalization Area
1062 Melrose Terrace- Christine & Daniel Corken
Old Main Urban Revitalization Area
233-241 Main Street- Butts Florist
Cathedral Urban Revitalization Area
418-420 Emmett Street- David & Karisa Friske
Whereas, the Housing and Community Development Department and Building Services
Department have reviewed the above-described applications and inspected the properties, and
have determined that the applications and the improvements conform to all requirements of the
City of Dubuque’s Urban Revitalization Plan.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the above-described tax exemption applications meet the requirements of the
City of Dubuque’s Urban Revitalization Plans.
Section 2. That the above-described tax exemption applications are hereby approved by the
City Council, subject to the review and approval of the City Assessor.
Section 3. That the City Clerk is hereby authorized and directed to forward the above- described
tax exemption applications to the City Assessor.
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Passed, approved and adopted this 16 day of February 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Aerial Orthophotography Re-Flight Project: City Manager recommending approval to negotiate
.
and execute a contract with Pinnacle Technologies, Incfor the completion of the Digital
Orthophotography, Digital Terrain Model, and Contour Creation project. Upon motion the
documents were received, filed, and the recommendation approved.
Medline Industries, Inc. – Amendment to Development Agreement: City Manager
recommending approval of the second amendment to the Development Agreement with Medline
Industries, Inc. to provide for a time extension for LEED Certification to June 1, 2010. Upon motion
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the documents were received and filed and Resolution No. 64-09 Approving the second
amendment to the Medline Industries, Inc. Development Agreement was adopted.
RESOLUTION NO. 64-09
APPROVING THE SECOND AMENDMENT TO THE MEDLINE INDUSTRIES, INC.
DEVELOPMENT AGREEMENT
Whereas, a Development Agreement (the Agreement), dated December 19, 2007, was entered
into by and between the City of Dubuque, a municipal corporation of the State of Iowa (City), and
Medline Industries, Inc. an Illinois Corporation; and
Whereas, City and Medline Industries, Inc. now desire to amend the Development Agreement
as set forth attached Second Amendment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Second Amendment of the Medline Industries, Inc. Development Agreement
is hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute said Second
Amendment on behalf of the City of Dubuque and the City Clerk is authorized and directed to
attest to his signature.
Section 3. That the City Manager is authorized to take such actions as are necessary to
implement the terms of the Second Amendment as herein approved.
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Passed, approved and adopted this 16 day of February, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Digital TV Transition Update: City Manager providing information on the digital television
transition. Upon motion the documents were received and filed.
PEG Capital Grant Expenditure Request: City Manager recommending approval of a request for
Public, Educational, and Government (PEG) Capital Grant funds from Dubuque Community
Schools for editing software, a portable green screen, and a portable hard drive in order to produce
programming at Jefferson Middle School. Upon motion the documents were received, filed, and
the recommendation approved.
Dubuque Stamping & Manufacturing, Inc. – Enterprise Zone Program Agreement: City Manager
recommending approval of a proposed Enterprise Zone Program Agreement for Dubuque
Stamping & Manufacturing, Inc. Upon motion the documents were received and filed and
Resolution No. 65-09 Approving a master contract and Enterprise Zone Program Agreement by
and among the Iowa Department of Economic Development, the City of Dubuque and Dubuque
Stamping and Manufacturing, Inc., was adopted.
RESOLUTION NO. 65-09
RESOLUTION APPROVING A MASTER CONTRACT AND ENTERPRISE ZONE PROGRAM
AGREEMENT BY AND AMONG THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT,
THE CITY OF DUBUQUE AND DUBUQUE STAMPING & MANUFACTURING, INC.
Whereas, the City of Dubuque has established two Enterprise Zones and an Enterprise Zone
Commission; and
Whereas, the Enterprise Zone Commission on May 15, 2008 approved the application of
, Inc. for Enterprise Zone benefits; and
Dubuque Stamping & Manufacturing
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Whereas, , Inc.’s application was approved by the Iowa
Dubuque Stamping & Manufacturing
Department of Economic Development on June 19, 2008; and
Whereas, the Iowa Department of Economic Development has prepared and submitted for City
Council approval an agreement relating to Enterprise Zone benefits for
Dubuque Stamping &
, Inc. a copy of which is attached hereto and by this reference made a part hereof;
Manufacturing
and
Whereas, the City Council finds that the proposed agreement is acceptable and necessary to
the growth and development of the city.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Iowa Department of Economic Development Housing Enterprise Zone
Program Agreement, Number 08-EZ-034, is hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute the Agreement on
behalf of the City of Dubuque and forward the executed copy to the Iowa Department of Economic
Development for their approval.
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Passed, approved and adopted this 16 day of February, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
City of Dubuque / Dubuque Initiatives Development Agreement: Communication from the City
Manager to Leo Hickie, Dubuque Bank and Trust Company, regarding the Development
Agreement between the City of Dubuque and Dubuque Initiatives. Upon motion the document was
received and filed.
Signed Contracts: Parking Ramp Conceptual Design / Cost Estimate Contract. Upon motion the
document was received and filed.
Liquor License Applications: City Manager recommending approval of annual liquor license
renewals as submitted. Upon motion the documents were received and filed and Resolution No.
66-09 Granting the issuance of a Class “C” Beer Permit to El Paisano Grocery Store, Oky Doky #8
and Hartig Drug #8 and Resolution No. 67-09 Granting the issuance of a Class “C” Beer/Liquor
License to Tony’s Place, Dubuque Eagles Club, Hammerhead Bar/Billiards, Bootleggers Pub,
Town Clock Inn, Dubuque Mining Company, Silver Dollar Cantina, Gin Rickeys, Mr. Rogers Pub,
The Clubhouse, and The Northside Bar, LLC; Class “B” Wine Permit to Hartig Drug #8 and Oky
Doky #8; and Class “WBN” (Native Wine) Permit to Cedar Cross Amoco were adopted.
RESOLUTION NO. 66-09
Whereas, applications for Beer Permits have been submitted and filed to this Council for
approval and the same have been examined and approved: and
Whereas, the premises to be occupied by such applicants were inspected and found to comply
with the Ordinances of the City and have filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be issued the following named applicants a Beer
Permit.
CLASS “C” BEER PERMIT
Inocente Rubio El Paisano Grocery Store +(Sunday 1543 Central Avenue
Sale)
Hill Street Plaza Inc. Oky Doky # 8 +(Sunday Sale) 535 Hill Street
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Hartig Drug Co. Hartig Drug # 8+(Sunday Sale) 1600 University Avenue
Passed, approved and adopted this 16th day of February, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 67-09
Whereas, applications for Liquor Licenses have been submitted to this Council for approval and
the same have been examined and approved; and
Whereas, the premises to be occupied by such applicants were inspected and found to comply
with the State Laws and all City Ordinances relevant thereto and they have filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be issued the following named applicants a Liquor
License.
CLASS “C” BEER/LIQUOR LICENSE
Charles Steffen Tony’s Place+ (Sunday Sale) 1701 Central Avenue
Fraternal Order Eagles # 568 Dubuque Eagles Club+(Sunday 1175 Century Drive
Sale)
Hammerheads Inc. Hammerhead Bar/Billiards+(Sunday 2095 Kerper Blvd.
Sale)
Bootleggers Pub Bootleggers Pub+(Sunday Sale) 1689 Elm Street
Town Clock Inn Town Clock Inn 799 Town Clock Plaza
The Apartments Dubuque Mining Co.+(Sunday Sale) 555 JFK Road
MM and H Corp. Silver Dollar Cantina+(Sunday Sale) 342 Main Street
HE-FR Ltd. Gin Rickeys+(Sunday Sale) 1447 Central Avenue
Mr. Rogers Pub, LLC Mr. Rogers Pub+(Sunday Sale) 2093 Washington Street
Melvin Spiegelhalter The Clubhouse 2364 Washington Street
The Northside Bar, LLC The Northside Bar LLC +(Sunday 2776 Jackson Street
Sale)
CLASS “B” WINE
Hartig Drug Co. Hartig Drug # 8 1600 University Avenue
Hill Street Plaza Inc. Oky Doky # 8 535 Hill Street
CLASS “WBN”(NATIVE WINE)
L B Metcalf, Inc. Cedar Cross AMOCO 1200 Cedar Cross Road
Passed, approved and adopted this 16th day of February, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the documents, adopt the resolutions, set the public
hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded
by Braig. Motion carried 7-0.
Fiscal Year 2010 Operating Budget and Five Year Capital Improvement Program: City Manager
recommending that a public hearing be set for March 9, 2009 to consider adoption of the Fiscal
Year 2010 Operating Budget and Five Year Capital Improvement Program. Upon motion the
documents were received and filed and Resolution No. 68-09 Setting the date for the public
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hearing on the Fiscal Year 2010 Budget for the City of Dubuque and Resolution No. 69-09 Setting
the date for the public hearing on the Five Year Capital Improvement Program for Fiscal Year 2010
through 2014 for the City of Dubuque were adopted setting a public hearing for a meeting to
commence at 6:30 p.m. on March 9, 2009 in the Historic Federal Building.
RESOLUTION NO. 68-09
SETTING THE DATE FOR THE PUBLIC HEARING ON THE FISCAL YEAR 2010 BUDGET FOR
THE CITY OF DUBUQUE
Whereas, Iowa Code Section 384.16 provides that the City Council shall set a time and place
for a public hearing on the Fiscal Year 2010 budget before the final budget certification date and
shall publish notice before the hearing as provided in Iowa Code Section 362.3.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council shall conduct a public hearing on the proposed Fiscal Year
2010 budget for the City of Dubuque in the City Council Chambers at the Historic Federal Building,
350 West 6th Street, Dubuque, Iowa, on Monday, March 9, 2009, beginning at 6:30 p.m.
Section 2. That the City Clerk be and is hereby authorized and directed to publish notice of the
public hearing, according to law, together with the required budget information.
Passed, approved and adopted this 16th day of February, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC City Clerk
RESOLUTION NO. 69-09
SETTING THE DATE FOR THE PUBLIC HEARING ON THE FIVE-YEAR CAPITAL
IMPROVEMENT PROGRAM FOR FISCAL YEARS 2010 THROUGH 2014 FOR THE CITY OF
DUBUQUE
Whereas, a proposed Five-Year Capital Improvement Program for the City of Dubuque for the
Fiscal Years 2010 through 2014 has been prepared and submitted to the City Council and
Whereas, the capital projects for the first year of the program are included in the Fiscal Year 2010
budget for the City of Dubuque and Whereas, it is deemed t be in the best interest of the City of
Dubuque to conduct a public hearing and adopt the five-year Capital Improvement Program
simultaneously with the public hearing and adoption of the Fiscal Year 2010 budget for the City of
Dubuque.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council shall conduct a public hearing on the five year Capital
Improvement Program for Fiscal Years 2010 through 2014 in the City Council Chambers at the
Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, on Monday, March 9, 2009,
beginning at 6:30 p.m.
Section 2. That the City Clerk be and is hereby authorized and directed to publish notice of the
public hearing.
Passed, approved and adopted this 16th day of February 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC City Clerk
BOARDS/COMMISSIONS
Applicants were invited to address the City Council regarding their desire to serve on the
following Boards/Commissions: Mechanical Code Board: Two 3-year terms through March 16,
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2012 (Terms of Willenborg and Geisler) Background/Experience requirement). Applicants: David
Grothe, 2544 Elm Street; Corey Valaskey, 1787 Lawndale Street. Mr. Valaskey spoke in support of
his appointment.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City Council.
3520 / 3522 Hillcrest Road – Request to Rezone: Proof of publication on notice of public hearing
to consider a request from Richard Strohmeyer / Joseph Oberbroeckling to rezone property located
at 3520 / 3522 Hillcrest Road from R-1 Single-Family Residential District to R-3 Moderate Density
Multi-Family Residential District 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 Jones. Motion carried 7-0.
Motion by Connors for final consideration and passage of Ordinance No. 6-09 Amending
Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying
hereinafter described property located at 3520 and 3522 Hillcrest Road from R-1 Single-Family
Residential District to R-3 Moderate Density Multi-Family Residential District. Seconded by Jones.
Planning Services Manager Laura Carstens provided a staff report. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 6-09
AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF
ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT
3520 AND 3522 HILLCREST ROAD FROM R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT TO
R-3 MODERATE DENSITY MULTI-FAMILY RESIDENTIAL DISTRICT.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances
is hereby amended by reclassifying the hereinafter-described property from R-1 Single-Family
Residential District to R-3 Moderate Density Multi-Family Residential District to wit: Lots 6 and 7 of
Key Knolls Subdivision, 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 16 day of February, 2009.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
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Published officially in the Telegraph Herald Newspaper the 21 day of February, 2009.
/s/Jeanne F. Schneider, CMC, City Clerk
1225 Alta Vista Street – Request to Rezone: Proof of publication on notice of public hearing to
consider a request from Radio Dubuque, Inc. / Nativity Parish to rezone property located at 1225
Alta Vista Street from R-2 Two-Family Residential District to OS Office Services District, with
conditions, and Zoning Advisory Commission recommending approval. 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
17
suspended. Seconded by Connors. Motion carried 7-0.
Motion by Lynch for final consideration and passage of Ordinance No. 7-09 Amending Appendix
A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter
described property located near the northeast corner of University Avenue and Nevada Street from
R-2 Two-Family Residential District to OS Office Service District, with conditions. Seconded by
Braig. Planning Services Manager Laura Carstens provided a staff report and informed the Council
that a site plan was not required for a rezoning. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 7-09
AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF
ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED
NEAR THE NORTHEAST CORNER OF UNIVERSITY AVENUE AND NEVADA STREET FROM
R-2 TWO-FAMILY RESIDENTIAL DISTRICT TO OS OFFICE 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-2 Two-Family
Residential District to OS Office Service District with conditions, to wit: Lot 1 of 1 of 1 of 1 of 1 of 1
of 1 of Slattery’s Subdivision, 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 16 day of February, 2009.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
MEMORANDUM OF AGREEMENT
Pursuant to the Iowa Code Section 414.5 (2007), and as an express condition of rezoning of the
property described as: Lot 1 of 1 of 1 of 1 of 1 of 1 of 1 of Slattery’s Subdivision, and to the center
line of the adjoining public right-of-way, all in the City of Dubuque, Iowa, which is the subject of
Ordinance No. 7-09, 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 the front yard setback along University Avenue be 20 feet.
2) That no vehicle access is permitted to University Avenue.
B) Reclassification of the Subject Property. The City of Dubuque, Iowa may initiate zoning
reclassification proceedings to the R-2 Two-Family Residential 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. -09.
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. 7-09
I, Tom Parsley, representing Radio Dubuque, Inc., property owner, having read the terms and
conditions of the foregoing Ordinance No. 7-09 and being familiar with the conditions thereof,
hereby accept this same and agree to the conditions required therein.
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Dated in Dubuque, Iowa this 10 day of February, 2009.
By: Tom Parsley, Radio Dubuque
ACCEPTANCE OF ORDINANCE NO. 7-09
I, Dwayne Thoman, representing Nativity parish, property owner, having read the terms and
conditions of the foregoing Ordinance No, 7-09 and being familiar with the conditions thereof,
hereby accept this same and agree to the conditions required therein.
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Dated in Dubuque, Iowa this 16 day of February, 2009.
By: Dwayne Thoman, Nativity Church
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Published officially in the Telegraph Herald Newspaper the 21 day of February, 2009.
/s/Jeanne F. Schneider, CMC, City Clerk
1985 / 1989 Asbury Road – Planned Unit Development District Amendment: Proof of publication
on notice of public hearing to consider a request from Straka Johnson Architects / Hillcrest Family
Services to rezone property located at 1985 / 1989 Asbury Road from R-3 Moderate Density Multi-
Family Residential District to ID Institutional District 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 Lynch.
Motion carried 7-0.
Motion by Connors for final consideration and passage of Ordinance No. 8-09 Amending
Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by providing for
the amendment of Ordinances No. 41-92, 55-00 and 18-03 and approving amended Campus
Development Plan for a new chapel for the Hillcrest Family Services Institutional District. Seconded
by Braig. Hillcrest Family Services representative Gary Gansemer, 2223 Aspen Drive, stated that
Hillcrest plans to find a partner to purchase and move two rental properties currently owned by
Hillcrest and then replace them with a chapel. Planning Services Manager Laura Cartsens
provided a staff report. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 8-09
AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF
ORDINANCES BY PROVIDING FOR THE AMENDMENT OF ORDINANCES NO. 41-92, 55-00
AND 18-03 AND APPROVING AMENDED CAMPUS DEVELOPMENT PLAN FOR A NEW
CHAPEL FOR THE HILLCREST FAMILY SERVICES INSTITUTIONAL DISTRICT
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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
and Ordinances No. 41-92, 55-00 and 18-03 be amended by adopting a revised campus
development plan for the new Chapel for the Hillcrest Family Services Institutional District for the
following property, to wit:
All of Lot 2 of Lot 2 of Lot 1 of Lot 1 of Link’s Subdivision, except the southeasterly 38 feet
thereof, Lot 2 of the Subdivision of Lot 1 of Lot 2 of Mineral Lot 261; Lot 1 of the Subdivision
of Lot 1 of Lot 2 of Mineral Lot 261, Mettel Link Place; Lot 2 of Lot 2 of Lot 1 of Lot 2 of Lot 1
of Lot 1 of Link’s subdivision; Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 1
of Link’s Subdivision; and Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 1 of
Link’s Subdivision; Lot 1 and Lot 2 of Peterson’s Subdivision; all of Lot 2 of Lot 2 of Lot 1 of
Lot 1 of Link’s Subdivision except for the southeasterly 38 feet thereof, Lot 4 of 1 and Lot 5
of 1 of Link’s Subdivision, and to the centerline of the adjoining public right-of-way, all in the
City of Dubuque, Iowa.
Section 2. That in order to accomplish the purposes of the ID Institutional district and of the
Zoning Ordinance, the above-described property is subject to the following conditions and
restrictions:
A. Use Regulations
The following regulations shall apply to all uses made of land in the above-described ID
Institutional District:
1. Principal permitted uses shall be limited to the following:
a. Residential care facilities.
b. Classrooms.
c. Offices for administrative personnel or other institutional employees or
affiliates.
d. Place of religious exercise or assembly for the primary use and benefit of
institutional residents or affiliates.
e. Off-street parking and loading.
f. Recreational or athletic facilities for the primary use and benefit of institutional
residents or affiliates.
g. Existing private uses of structures situated within an ID District for which the
R-3 District standards shall apply.
2. Accessory uses shall be limited to all uses customarily incidental to the principal
permitted use in conjunction with which such accessory use is operated or
maintained, but not to include institutional use outside a principal building.
B. Lot and Bulk Regulations
Development of land in the ID Institutional District shall be regulated as follows:
1. That the proposed chapel shall be located in conformance with the attached
amended conceptual development plan.
2. A minimum front yard setback of 25 feet is required for all structures.
3. That all previously-approved campus development plans are hereby amended to
allow for the attached development plan.
4. All final site development plans shall be in accordance with the ID Institutional District
regulations as provided in the Zoning Ordinance of the City of Dubuque, Iowa.
C. Performance Standards
The development and maintenance of uses in this ID Institutional District shall be
established in conformance with the regulations of Section 3-5.2 of the ID Institutional
District.
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D. Site Development Standards
The site development standards for this ID Institutional District shall be established as
follows:
1. Landscaping and screening requirements shall be established in accordance with the
requirements of Section 4-5 of the Zoning Ordinance of the City of Dubuque, Iowa.
All other site development standards of Section 4-4 shall apply.
E. Sign Regulations
The sign regulations shall be the same as that which are allowed for ID Districts in
Section 4-3.11 of the Zoning Ordinance of the City of Dubuque, Iowa.
F. Parking Standards
The off-street parking requirement for the principal permitted uses for the herein
described ID Institutional District shall be regulated as follows:
1. That six (6) off-street parking spaces shall be added adjacent to the proposed
chapel.
2. Any significant expansion or reduction in the number of off-street parking spaces
must be reviewed by Planning Services staff for compliance with the adopted
Hillcrest Family Services Institutional District.
G. Transfer of Ownership
Transfer of ownership or lease of property in this ID Institutional District shall include the
transfer or lease agreement, the provision that the purchaser or leasee acknowledges
awareness of the conditionals authorizing the establishment of this district.
H. Modifications
Any modifications of this Ordinance must be approved by the City council in accordance
with zoning reclassification proceedings of Section 6 of the Zoning Ordinance.
Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Advisory
Commission of the City of Dubuque, Iowa.
Section 4. This Ordinance shall take effect immediately upon publication, as provided by law.
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Passed, approved and adopted this 16 day February, 2009.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
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Published officially in the Telegraph Herald Newspaper the 21 day of February, 2009.
/s/Jeanne F. Schneider, CMC, City Clerk
City of Dubuque – Request for Text Amendment: Proof of publication on notice of public hearing
to consider a request from the City of Dubuque to amend the C-2 Neighborhood Shopping Center
District to allow “Passenger Transfer Facility” as a conditional use and Zoning Advisory
Commission recommending approval. Motion by Jones to receive and file the documents and that
the requirement that a proposed ordinance be considered and voted on for passage at two Council
meetings prior to the meeting at which it is to be passed be suspended. Seconded by Voetberg.
Planning Services Manager Laura Carstens provided a staff report. Resnick questioned if area
neighbors have been notified. Carstens stated that neighbors are not notified for text amendments
as they are city-wide. Neighbors within 200 feet are notified when conditional use permits are
requested through the Zoning Board of Adjustment. Washington Neighborhood representative
Janice Craddieth, 1635 Washington Street, stated that allowing a passenger transfer facility would
benefit the area residents and businesses and thanked Council for their consideration. Motion
carried 7-0
Motion by Voetberg for final consideration and passage of Ordinance No. 9-09 Amending
Section 3-2.2(D) Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances
by adding Passenger Transfer Facilities as a conditional use in C-2 Neighborhood Commercial
21
Shopping Center Districts. Seconded by Braig. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 9-09
AMENDING SECTION 3-3.2(D) APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY ADDING PASSENGER TRANSFER FACILITIES AS A
CONDITIONAL USE IN THE C-2 NEIGHBORHOOD SHOPPING CENTER DISTRICT.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That Section 3-3.2(D) of the City of Dubuque Code of Ordinances is hereby amended
as follows:
Passenger Transfer Facilities:
(a) Such facility shall provide for the loading and unloading of passengers so as not to
obstruct public streets or alleys or create traffic or safety hazards;
(b) That adequate indoor waiting area is provided;
(c) That the parking group requirements can be met [19].
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.
th
Passed, approved and adopted this 16 day of February, 2009.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
st
Published officially in the Telegraph Herald Newspaper the 21 day of February, 2009.
/s/Jeanne F. Schneider, CMC, City Clerk
Vacating of Property: Proof of publication on notice of public hearing to consider the vacating of
nd
Gillespie Street, Fink Street and the adjacent alley, which are now located within the West 32
Street Detention Basin, and City Manager recommending approval. Motion by Braig to receive and
file the documents and adopt Resolution No. 70-09 Approving plat of Lot 1 of Gillespie’s Second
Addition including the proposed vacated Gillespie Street, Fink Street, and adjacent alley; and
Resolution No. 71-09 Vacating public interest in Gillespie Street, Fink Street, and adjacent alley in
the City of Dubuque, Dubuque County, Iowa. Seconded by Lynch. Motion carried 7-0.
RESOLUTION NO. 70-09
APPROVING PLAT OF LOT 1 OF GILLESPIE’S SECOND ADDITION INCLUDING THE
PROPOSED VACATED GILLESPIE STREET, FINK STREET, AND ADJACENT ALLEY
Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat
dated January 23, 2009 prepared by MSA Professional Services, Inc., describing the proposed
vacated portion of Gillespie Street, Fink Street, and adjacent alley; and
Whereas, said plat conforms to the laws and statutes pertaining thereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the plat of Lot 1 of Gillespie’s Second Addition dated January 23, 2009 prepared
by MSA Professional Services, Inc. relative to the real estate hereinabove described be and the
same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and
directed to execute said plat for and on behalf of the City of Dubuque, Iowa.
Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and
certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa.
th
Passed, approved and adopted this 16 day of February, 2009.
22
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 71-09
VACATING GILLESPIE STREET, FINK STREET, AND ADJACENT ALLEY
Whereas, City of Dubuque Engineering Department has requested the vacating of Gillespie
Street, Fink Street, and adjacent alley; and
Whereas, MSA Professional Services has prepared and submitted to the City Council a plat
showing the vacated Gillespie Street, Fink Street, and adjacent alley shown as part of Lot 1 of
Gillespie’s Second Addition in the City of Dubuque, Dubuque County, Iowa; and
Whereas, the City Council of the City of Dubuque, Iowa has determined that Gillespie Street,
Fink Street, and adjacent alley are no longer required for public use, and vacating of said Gillespie
Street, Fink Street, and adjacent alley, shown as part of Lot 1 of Gillespie’s Second Addition in the
City of Dubuque, Dubuque County, Iowa should be approved.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the real estate described Gillespie Street, Fink Street, and adjacent alley shown
as Lot 1 of Gillespie’s Second Addition in the City of Dubuque, Iowa, be and the same is hereby
vacated.
th
Passed, approved and adopted this 16 day of February, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Sewer Revenue Capital Loan Notes: Proof of publication on notice of public hearing to consider
the issuance of not to exceed $3,500,000 Sewer Revenue Capital Loan Notes for the planning and
design of the Water Pollution Control Plant renovation project and City Manager recommending
approval. Motion by Connors to receive and file the documents and adopt Resolution No. 72-09
Instituting proceedings to take additional action for the authorization of a Loan and Disbursement
Agreement and the issuance of not to exceed $3,500,000 Sewer Revenue Capital Loan Notes.
Seconded by Braig. Motion carried 7-0.
RESOLUTION NO. 72-09
INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION
OF A LOAN AND DISBURSEMENT AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED
$3,500,000 SEWER REVENUE CAPITAL LOAN NOTES
WHEREAS, pursuant to notice published as required by law, this City Council has held a public
meeting and hearing upon the proposal to institute proceedings for the authorization of a Loan and
Disbursement Agreement by and between the City and the Iowa Finance Authority, and the
issuance to the Iowa Finance Authority of not to exceed $3,500,000 Sewer Revenue Capital Loan
Notes to evidence the obligations of the City under said Loan and Disbursement Agreement, for
the purpose of paying costs of acquisition, construction, reconstruction, extending, remodelling,
improving, repairing and equipping all or part of the Municipal Sewer System, including those costs
associated with design engineering and construction for upgrades to the Water Pollution Control
Plant and implementation of the results of the Water Pollution Control Plant Study, and has
considered the extent of objections received from residents or property owners as to said proposal,
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:
23
Section 1. That this City Council does hereby institute proceedings and takes additional action
for the authorization of a Loan and Disbursement Agreement by and between the City and the
Iowa Finance Authority, and the issuance to the Iowa Finance Authority in the manner required by
law of not to exceed $3,500,000 Sewer Revenue Capital Loan Notes for the foregoing purpose.
Section 2. That the Clerk, with the assistance of the City Attorney and bond counsel, is hereby
authorized and directed to proceed with the preparation of such documents and proceedings as
shall be necessary to authorize the City's participation in the SRF Loan Program, to select a
suitable date for final City Council authorization of the required Loan and Disbursement Agreement
and issuance of the Note to evidence the City's obligations thereunder, and to take such other
actions as the Clerk shall deem necessary to permit the completion of a loan on a basis favorable
to the City and acceptable to this Council.
th
Passed and approved this 16 day of February, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Neighborhood Stabilization Program: Proof of publication of notice of public hearing to receive
comments on an application to the Iowa Department of Economic Development (IDED) for
Neighborhood Stabilization program funds and City Manager recommending approval. Motion by
Braig to receive and file the documents and adopt Resolution No. 73-09 Authorizing an application
to the Iowa Department of Economic Development (IDED) for Neighborhood Stabilization Program
Funds was adopted.
RESOLUTION NO. 73-09
AUTHORIZING AN APPLICATION TO THE IOWA DEPARTMENT OF ECONOMIC
DEVELOPMENT (IDED) FOR NEIGHBORHOOD STABILIZATION PROGRAM FUNDS
Whereas, the City Council set a public hearing and published a public notice for receiving public
comment regarding this application, which was held on 2 February 09.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Manager is hereby authorized and directed to prepare and to submit to
the Iowa Department of Economic Development an application for Neighborhood Stabilization
Program funds, in the amount of $444 328.
th
Passed, approved and adopted this 16 day of February, 2009.
Roy D Buol, Mayor
Attest: Jeanne Schneider, CMC, City Clerk
Upon motion the rules were reinstated limited discussion to the City Council.
ACTION ITEMS
Dubuque Works: Rick Dickinson, Executive Director of the Greater Dubuque Development
Corporation, introduced Eileen LeMay, IBM Workforce Coordinator, Greater Dubuque
Development; Shannon Gaherty, Newcomer Relations Coordinator, Greater Dubuque
Development; Tiffany Willard, Recruitment Advertising Specialist, Telegraph Herald; and Sarah
Harris, Director of Workforce Development, Greater Dubuque Development; of Dubuque Works.
Motion by Connors to receive and file. Seconded by Jones. Rick Dickinson, 300 Main Street,
provided an oral presentation on the concept of Dubuque Works and introduced the associated
staff. He explained the program’s mission of recruiting, preparing, and retaining the area workforce
for Dubuque’s employers. Motion carried 7-0.
24
Development Agreement and Incentive Agreement – International Business Machines
Corporation (Tabled on February 2, 2009): City Manager recommending approval of a
Development Agreement between the City of Dubuque and Dubuque Initiatives and an Incentive
Agreement between the City and International Business Machines Corporation. Motion by Braig to
remove from the table. Seconded by Connors. Motion carried 7-0.
Motion by Braig to receive and filed the documents and adopt Resolution No. 74-09 Approving
and authorizing execution of the Development Agreement between the City of Dubuque, Iowa and
Dubuque Initiatives, and the Incentive Agreement between the City and International Business
Machines Corporation. Seconded by Jones. Van Milligen provided additional information on the
use and benefit of New Market Tax Credits. Economic Development Director Dave Heiar provided
additional information on the TIF rebate. Mayor Buol specifically thanked City Attorney Lindahl for
his work on this project. Motion carried 7-0
RESOLUTION NO. 74-09
APPROVING AND AUTHORIZING EXECUTION OF THE DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF DUBUQUE, IOWA AND DUBUQUE INITIATIVES, AND THE
INCENTIVE AGREEMENT BETWEEN THE CITY AND INTERNATIONAL BUSINESS
MACHINES CORPORATION
WHEREAS, the City Council has approved and adopted an Amended and Restated Urban
Renewal Plan (the "Urban Renewal Plan") for an area described therein as the Greater Downtown
Urban Renewal District (the "Urban Renewal Area"); and
WHEREAS, it is desirable that properties within the Urban Renewal Area be redeveloped as
part of the overall redevelopment area covered by said Urban Renewal Plan; and
WHEREAS, the City of Dubuque ("City") has received a proposal from Dubuque Initiatives (the
"Developer") and International Business Machines Corporation (the "Employer"), in the form of a
proposed Development Agreement (the "Development Agreement") between the City and the
Developer and a proposed Incentive Agreement (the "Incentive Agreement," and together with the
Development Agreement, referred to herein as the "Agreements") between the City and the
Employer, pursuant to which, among other things, the Developer would acquire and renovate the
Dubuque Building located at 700 Locust Street in the City, and lease portions of the same to the
Employer; and
WHEREAS, the Employer reasonably expects to create approximately 1,300 new full-time
employment positions at the Dubuque Building property prior to January 1, 2011, and reasonably
expects to maintain those jobs during the term of the Agreements; and
WHEREAS, in consideration of the obligations being assumed by the Developer and the
Employer, the Agreements further propose that the City provide certain financial assistance to the
Developer and the Employer, including a loan guaranty for the benefit of the Developer and the
payment of certain economic development grants to the Developer and the Employer; and
WHEREAS, the economic development grants to the Developer and the Employer shall be
payable from, and only from, the tax increment revenues collected by the City in respect of the
Dubuque Building property and the improvements constructed thereon, under the terms and
following satisfaction of the conditions set forth in the Agreements; and
WHEREAS, Iowa Code Chapters 15A and 403 (the "Urban Renewal Law") authorize cities to
make grants for economic development purposes in furtherance of the objectives of an urban
renewal plan and project and to appropriate such funds and make such expenditures as may be
necessary to carry out the purposes of said Chapters, and to levy taxes and assessments for such
purposes; and
WHEREAS, the Council has determined that the Agreements are in the best interests of the City
and the residents thereof and that the performance by the City of its obligations thereunder are
25
public undertakings and purposes and in furtherance of the Urban Renewal Plan and the Urban
Renewal Law and, further, that the Agreements and the City's performance thereunder are in
furtherance of appropriate economic development activities and objectives of the City within the
meaning of Chapters 403 and 15A of the Iowa Code, taking into account the factors set forth
therein; and
WHEREAS, pursuant to notice published as required by Section 403.9, this Council has held a
public meeting and hearing upon the proposal to approve and authorize execution of the
Agreements and the foregoing economic development grant payments, and has considered the
extent of objections received from residents or property owners with respect thereto; 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 the performance by the City of its obligations under the Agreements, including
but not limited to the payment of the economic development grants to the Developer and the
Employer under the terms set forth in the Agreements, be and are hereby declared to be public
undertakings and purposes and in furtherance of the Urban Renewal Plan and the Urban Renewal
Law and, further, that the Agreements and the City's performance thereunder are in furtherance of
appropriate economic development activities and objectives of the City within the meaning of
Chapters 403 and 15A of the Iowa Code, taking into account the factors set forth therein.
Section 2. That the form and content of the Agreements, including the form and content of the
Guaranty Agreement between the City and Dubuque Bank and Trust Company attached to the
Development Agreement as an exhibit, the provisions of which are incorporated herein by
reference, be and the same hereby are in all respects authorized, approved and confirmed, and
the Mayor and the City Clerk be and they hereby are authorized, empowered and directed to
execute, attest, seal and deliver the same for and on behalf of the City in substantially the form and
content now before this meeting, but with such changes, modifications, additions or deletions
therein as may be approved by such officers upon the advice of the City Attorney, and that from
and after the execution and delivery of the Agreements, the Mayor and the City Clerk are hereby
authorized, empowered and directed to do all such acts and things and to execute all such
documents as may be necessary to carry out and comply with the provisions of the Agreement as
executed.
Section 3. That the economic development grant payments to be made by the City under the
Agreements, the provisions of which are incorporated herein by reference, be and the same
hereby are in all respects authorized, approved and confirmed, and the City Manager, City Clerk
and other City staff be and are hereby authorized, empowered and directed to certify the amount of
the economic development grant payments to the Dubuque County Auditor for tax increment
reimbursement, and to cause such payments to be made to the Developer and Employer as may
be required under the Agreements, at the times set forth therein, and to do all such acts and things
and to execute all such documents as may be necessary to carry out and comply with the
provisions of said Agreements.
th
Passed and approved this 16 day of February, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Historic Millwork District Master Plan: City Manager recommending approval of the Historic
Millwork District Master Plan, including the Demographic and Market Context and a Financial
Analysis Summary. Motion by Voetberg to receive and file the documents and adopt Resolution
No. 75-09 Adopting the Historic Millwork District Master Plan. Seconded by Connors. Motion
26
carried 7-0.
RESOLUTION NO. 75-09
ADOPTING THE HISTORIC MILLWORK DISTRICT MASTER PLAN.
Whereas, the City Council has requested a Master Plan be developed in accordance with the
Warehouse District Revitalization Strategy adopted by Resolution 425-07 on August 6, 2007; and
Whereas, a consultant was hired to assist city staff to prepare a Master Plan for the Historic
Millwork District; and
Whereas, several public meetings were held to provide input on the plan, a steering committee
composed of stakeholders have consulted on the plan, and Several city staff have provided input
to the plan; and
Whereas, the revitalization of the Historic Millwork District will create new housing, commercial,
and retail development opportunities to enhance the economic development in the downtown; and
Whereas, the District will be revitalized with an emphasis on sustainability through water
resource management, sustainable energy alternatives, historic preservation of the built
environment, reintroduction of greenspace, and a focus of promoting arts & culture within the area.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Historic Millwork District Master Plan prepared by the Cuningham Group and
Economics Research Associates is hereby approved.
th
Passed, approved and adopted this 16 day of February, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Amendment to Code of Ordinances Chapter 5 – Alcohol Regulations: City Manager
recommending approval of the adoption of a new Chapter 5 – Alcohol Regulations to correct an
error which occurred as a result of the Code of Ordinance update. Motion by Connors to receive
and file the documents and that the requirement that a proposed ordinance be considered and
voted on for passage at two Council meetings prior to the meeting at which it is to be passed be
suspended. Seconded by Braig. Motion carried 7-0.
Motion by Connors for final consideration and passage of Ordinance No. 10-09 Amending the
City of Dubuque Code of Ordinances by repealing Chapter 5 Alcoholic Beverages and adopting a
new Chapter 5 Alcoholic Beverages in lieu thereof. Seconded by Braig. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 10-09
AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES BY REPEALING CHAPTER 5
ALCOHOLIC BEVERAGES AND ADOPTING A NEW CHAPTER 5 ALCOHOLIC BEVERAGES
IN LIEU THEREOF.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Chapter 5 of the City of Dubuque Code of Ordinances is amended as set forth in the
attached Chapter 5 Alcoholic Beverages.
Section 2. This Ordinance shall take effect on publication.
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Passed, approved and adopted the 16 day of February, 2009.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
CHAPTER 5
ALCOHOLIC BEVERAGES
27
ARTICLE I. IN GENERAL
Sec. 5-1. Purpose of Chapter.
The purpose of this Chapter is to provide administration of licenses, permits, local regulations,
and procedures for the conduct of the sale and consumption of beer, wine, and liquor, and for the
protection of the safety, health, peace, morals, and general welfare of the City.
Sec. 5-2. Definitions.
Where words and phrases used in this Chapter are defined by state law, such definitions shall
apply to their use in this Chapter and are adopted by reference. Those definitions so adopted that
need further definition are reiterated and other words and phrases used herein shall have the
following meanings:
Administrator means the Administrator of the Alcoholic Beverages Division of the Department of
Commerce established by the Code of Iowa.
Alcoholic beverage means any beverage containing more than one-half (1/2) of one percent
(1%) of alcohol by volume including alcoholic liquor, wine, and beer.
Club means any nonprofit corporation or association of individuals, which is the owner, lessee,
or occupant of a permanent building or part thereof, membership in which entails the prepayment
of regular dues, and which is not operated for a profit other than such profits as would accrue to
the entire membership.
Commercial establishment means a place of business which is at all times equipped with
sufficient tables and seats to accommodate twenty-five (25) people at one time and the licensed
premises of which conform to the provisions of this Code and other ordinances of the City.
Director means the Director, or the Director's designee, of the Iowa Alcoholic Beverages
Division.
Division means the Alcoholic Beverages Division of the Department of Commerce established
by Code of Iowa.
Grocery store means any retail establishment, the principal business of which consists of the
sale of food or food products for consumption off the premises. The volume of sales of all other
items, commodities, and materials shall be included with the volume of sales of beer and sales of
beer shall not equal or exceed fifty percent (50%) of the dollar volume of all sales made by the
establishment in order to meet the test that food must be the principal business thereof.
Hotel or motel means premises licensed by the State Department of Inspections and Appeals
and regularly or seasonally kept open in a bona fide manner for the lodging of transient guests and
with twenty (20) or more sleeping rooms.
Kitchen facility means a facility with a sink with piped water, non-portable cooking equipment
such as ranges, cook stoves, or a cook top with oven, and refrigerator, located with the same
building.
Legal age means twenty-one (21) years of age or more.
Persons of good moral character means any person who meets all of the following
requirements:
(1) The person has such financial standing and good reputation as will satisfy the City Council
and the Director that the person will comply with the Iowa Alcoholic Beverages Control Act, all
other laws, provisions of this Code, other City ordinances, and regulations applicable to the
person's operations under state law. However, the City Council shall not require the person to post
a bond to meet the requirements of this Paragraph;
(2) The person is not prohibited by the provisions of this Chapter from obtaining a liquor license
or beer permit;
(3) Notwithstanding Paragraph (5) of this definition, the applicant is a citizen of the United
States and a resident of the state or is licensed to do business in the state in the case of a
28
corporation; and notwithstanding Paragraph (5) of this definition, in the case of a partnership, only
one (1) general partner need be a resident of this state;
(4) The person has not been convicted of a felony; however, if a conviction of a felony occurred
more than five (5) years before the application for a license or permit and if the person’s rights of
citizenship have been restored by the Governor, the Director may determine that said person is a
person of moral character notwithstanding the conviction; and,
(5) The requirements of this Subsection apply to the following:
a. Each of the officers, directors, and partners of such person;
b. A person who directly or indirectly owns or controls ten percent (10%) or more of any
class of stock of such person; and,
c. A person who directly or indirectly has an interest of ten percent (10%) or more in the
ownership or profits of such person.
Restaurant means a commercial establishment where the usual and customary business is the
serving of meals to consumers and which includes a kitchen facility.
Sec. 5-3. Prohibited Sales and Acts.
A person or club holding a liquor license or retail wine or beer permit under this Chapter and the
person's or club's agents or employees shall not do any of the following:
(1) Sell, dispense, or give to any intoxicated person or a person simulating intoxication
any alcoholic liquor, wine, or beer;
(2) Sell or dispense any alcoholic liquor, wine, or beer on the premises covered by the
license or permit or permit its consumption thereon between the hours of two o'clock (2:00) A.M.
and six o'clock (6:00) A.M. on any weekday or Saturday and between the hours of two o'clock
(2:00) A.M. on Sunday and six o'clock (6:00) A.M. on the following Monday; however, a holder
of a liquor control license or retail beer permit granted the privilege of selling alcoholic liquor,
wine, or beer on Sundays may sell or dispense such liquor, wine, or beer on Sunday only
between the hours of eight o'clock (8:00) A.M. and two o'clock (2:00) A.M. the following Monday;
(3) Sell alcoholic beverages, wine, or beer to any person on credit except with a bona
fide credit card. This Provision shall not apply to sales by a club to its members nor to sales by a
hotel or motel to bona fide registered guests;
(4) Employ any person under the age of eighteen (18) years in the sale or serving of
alcoholic liquor, wine, or beer for consumption on the premises where sold;
(5) In the case of a retail beer or wine permittee, knowingly allow the mixing or adding of
alcohol or any alcoholic beverage to beer, wine, or any other beverage in or about the
permittee's place of business;
(6) Keep or allow to be kept gambling devices of any kind or description on the premises
of place of business of the licensee or permit holder, contrary to law;
(7) Keep on premises covered by a liquor control license any alcoholic liquor in any
container except the original package purchased from the Division and except mixed drinks or
cocktails mixed on the premises for immediate consumption. This prohibition does not apply to
common carriers holding a Class D liquor control license; or,
(8) Reuse for packaging alcoholic liquor or wine any container or receptacle used
originally for packaging alcoholic liquor or wine; or adulterate, by the addition of any substances,
the contents or remaining contents of an original package of an alcoholic liquor or wine; or
knowingly possess any original package which has been so reused or adulterated.
Sec. 5-4. Sunday Sales.
Any clubs, hotel, motel, or commercial establishment holding a liquor control license, subject to
Section 123.49, Subsection 2, Paragraph “b”, may apply for and receive permission to sell and
dispense alcoholic liquor and wine to patrons on Sunday for consumption on the premises only,
and beer for consumption on or off the premises between the hours of eight o'clock (8:00) A.M. on
29
Sunday and two o'clock (2:00) A.M. on the following Monday. A class “D” liquor control licensee
may apply for and receive permission to sell and dispense alcoholic beverages to patrons for
consumption on the premises only between the hours of eight o'clock (8:00) A.M. on Sunday and
two o'clock (2:00) A.M. on the following Monday. For the privilege of selling beer, wine, and
alcoholic liquor on the premises on Sunday, the liquor control license fee of the applicant shall be
increased by twenty percent (20%) of the regular fee prescribed for the license pursuant to this
Section and the privilege shall be noted on the liquor control license.
Sec. 5-5. Advertisement for Alcohol, Liquor, Wine, or Beer.
No signs or other matter advertising any brand of alcoholic liquor, beer, or wine shall be erected
or placed upon the outside of any premises occupied by a licensee or permittee authorized to sell
liquor, beer, or wine at retail. This Section does not prohibit the use of signs or other matter inside
a fence or similar enclosure which wholly or partially surrounds the licensed premises.
Sec. 5-6. Consumption in Public Places.
It is unlawful for any person to use or consume alcoholic liquors, wine, or beer upon the public
streets or highways or alcoholic beverages in any public place except premises covered by a liquor
control license, or to possess or consume alcoholic liquors, wine, or beer on any public school
property or while attending any public or private school related functions. As used in this Section,
school means a school or that portion of a school which provides teaching for any grade from
kindergarten through grade twelve (12).
Sec. 5-7. Persons Under Legal Age.
(a) A person or persons under legal age shall not purchase or attempt to purchase or
individually or jointly have alcoholic liquor, wine, or beer in their possession or control except in the
case of liquor, wine, or beer given or dispensed to a person under the legal age within a private
home and with the knowledge, presence, and consent of the parent or guardian for beverage or
medicinal purposes or administered to the person by either a physician or dentist for medicinal
purposes and except to the extent that a person under the legal age may handle alcoholic liquor,
wine, and beer during the regular course of the person's employment by a liquor control licensee,
or wine or beer permittee under this Section.
(b) A person who is under legal age, other than a licensee or permittee, who violates this
Section regarding the purchase of or attempt to purchase alcoholic liquor, wine, or beer, or
possessing or having control of alcoholic liquor, wine, or beer commits a simple misdemeanor
punishable by a scheduled fine as established pursuant to Iowa Code 805.8c.
§
Sec. 5-7.1. Persons Under Legal Age Prohibited from Attempting to Purchase or Otherwise
Obtain Alcoholic Beverages and from Misrepresenting the Person's Age.
(a) A person under legal age shall not misrepresent the person's age for the purpose of
purchasing or attempting to purchase any alcoholic liquor, wine, or beer from any licensee or
permittee. If any person under the legal age misrepresents the person's age and the licensee or
permittee establishes that the licensee or permittee made reasonable inquiry to determine whether
the prospective purchaser was over the legal age, the licensee or permittee is not guilty of selling
alcoholic liquor, wine, or beer to a person under legal age.
(b) A person violating this Section or reasonably believed to be violating this Section may be
detained in a reasonable manner and for a reasonable length of time by a police officer, owner,
operator, or an employee of a public establishment or private club where alcoholic liquor, wine, or
beer is sold or dispensed for off premises or on premises consumption for the purpose of
investigating or determining the person's true age and identity. Such detention shall not render the
detainer criminally or civilly liable for false arrest, false imprisonment, or unlawful detention.
(c) The manager of any public establishment that sells alcoholic liquor, wine, or beer for on
premises or off premises consumption and the manager of any private club that serves alcoholic
30
liquor, wine, or beer for on premises consumption shall be required to post in a conspicuous place
a notice stating:
NOTICE TO PERSONS UNDER LEGAL AGE
You are subject to a fine for attempting to purchase or otherwise obtain alcoholic liquor, wine, or
beer or for misrepresenting your age for the purpose of purchasing alcoholic liquor, wine, or beer.
The size of said notice shall be not less than eight and one-half inches by eleven inches (8 1/2"
x 11").
Sec. 5-7.2. Persons Under Legal Age Prohibited from Premises where Alcoholic Beverage is
Sold or Dispensed.
(a) It shall be unlawful for any person under the legal age to enter or remain upon any premises
between the hours of nine o'clock (9:00) P.M. and closing where more than thirty-five percent
(35%) of the business conducted on such premises is the sale or dispensing of liquor, wine, or
beer except as set forth in Subsection (b) of this Section. The phrase "business conducted on such
premises" shall be defined as the total business revenue generated on such premises during the
previous calendar year.
If the establishment otherwise qualifies under the foregoing thirty-five percent (35%) criteria and
has one (1) or more restaurants in the building, no person under the legal age shall remain on the
premises thirty (30) minutes after any restaurant on the licensed premises closes.
(b) The prohibition of Subsection (a) of this Section shall not apply:
(1) To a person under legal age who is an employee of the licensee or permittee, or
performing a contracted service for the licensee or permittee on the premises;
(2) To a person under legal age who is accompanied on the premises at all times by a
parent, guardian, or spouse who is not under the age for lawful purchase and/or possession of
alcoholic beverages; or,
(3) To a person under legal age on the premises during a period of time when the
licensee or permittee, in accordance with a written plan given to and approved by the Chief of
Police, has suspended dispensing alcoholic liquor, wine, or beer on the licensed or permitted
premises or in a clearly delineated area of the licensed or permitted premises. During such
period of time, the licensee or permittee shall not permit any underage person to purchase or
possess alcoholic liquor, beer, or wine on the premises. Police officers shall be admitted to the
premises at any time to monitor compliance with all applicable laws.
(c) No licensee or permittee or a licensee's or permittee's agent or employee shall allow any
person under the legal age to enter or remain upon the premises between the hours of nine o'clock
(9:00) P.M. and closing where the business conducted includes the sale and dispensing of
alcoholic liquor, wine, or beer, except as permitted in Subsections (a) and (b) of this Section. The
licensee or permittee of any business that sells alcoholic liquor, wine, or beer for on premises
consumption shall be required to post in a conspicuous place a notice stating:
NOTICE TO PERSONS UNDER THE LEGAL AGE
You are subject to a fine for being on these premises between the hours of 9:00 p.m. and
closing unless you are employed by the owner or are accompanied by a parent, guardian, or
spouse who is of legal age.
Sec. 5-8. Notice of Violation Upon Issuance of Citation.
The Chief of Police, or the Chief of Police's designee, shall provide written notice to a beer
permit, wine permit, or liquor license holder upon issuance of summons or citation to any employee
or agent for a violation of this Article or the provisions of the Code of Iowa. Such notice of violation
shall be directed to the permit or license holder as recorded in the office of the City Clerk and shall
be by certified United States mail, return receipt requested.
When the holder of the permit or license has been issued a citation or summons coincidental to
the same action of the police, the above provision of notice shall not be required.
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Sec. 5-9. Buffet Sales Prohibited.
(a) The holder of a liquor license or wine or beer permit or the holder or permittee's employees
or agents shall not sell, offer to sell, dispense, or serve for purpose of on premises consumption an
unlimited number of servings of alcoholic liquor, wine, or beer for a fixed price.
(b) Nothing in this Section shall prohibit the holder of a liquor control license or wine or beer
permit, or the holder or permittee's employees or agents, from:
(1) Including servings or drinks of alcoholic liquor, beer, or wine as part of a hotel or
motel package which includes overnight accommodations;
(2) Providing a fixed price for an unlimited or indefinite amount of drinks for a "private
event", which is defined as an event restricted to a particular group or persons, provided
that the licensee or permittee shall provide the means or method by which to identify
persons participating in private events, such as use of a private room or a physical means
to identify such participants; or
(3) Selling, offering to sell, dispensing, or serving for purpose of on premises
consumption an unlimited number of servings of alcoholic liquor, wine, or beer for a fixed
price if permitted for a special event by the City Council.
Secs. 5-10 – 5-18. Reserved.
ARTICLE II. LIQUOR CONTROL LICENSES, WINE PERMITS, AND BEER PERMITS
Sec. 5-19. Required.
No person shall sell beer or wine at retail in the City nor shall any person sell beer, wine, or
alcoholic liquor in the City for consumption on the premises without first obtaining a beer permit,
wine permit, or a liquor control license as required by state law and subject to the provisions of this
Article.
Secs. 5-20 – 5-21. Reserved.
Sec. 5-22. Separate Beer Permits and Wine Permits Required for Separate Locations.
(a) Each person holding a class B or class C beer permit having more than one (1) place of
business where such beer is sold shall be required to have a separate beer permit for each
separate place of business, except as otherwise prohibited by state law.
(b) A class B wine permittee having more than one (1) place of business where wine is sold
shall obtain a separate permit for each place of business.
Sec. 5-23. Application; Bond.
A verified application for the original issuance or the renewal of a liquor control license, wine
permit, or beer permit shall be filed at such time, in such number of copies, and in such form as the
state director of beer and liquor control shall prescribe, on forms prescribed by the state director of
beer and liquor control. The application shall be accompanied by the fee, if required, and bond and
shall be filed with the City Clerk for submission to the City Council for approval or disapproval.
Sec. 5-24. Persons Eligible.
Upon meeting the requirements imposed by state law, the provisions of this Code, and other
ordinances of the City, a person who is of good moral character may apply for a liquor control
license, wine permit, or beer permit. In the case of a club, corporation, or partnership, the officers
of the club or corporation and the partners of a partnership shall be persons of good moral
character as defined by state law and this Chapter.
Sec. 5-25. Reserved.
Sec. 5-26. Investigation of Applicant and Premises.
Upon receipt of an original application for a liquor license, wine permit, or beer permit by the City
Clerk, it shall be forwarded to the Chief of Police who shall conduct an investigation and shall
submit a written report on the applicant as to the truth of the facts averred in the application and a
recommendation to the City Council as to the approval of the license or permit. It shall be the duty
of the Health, Building, and Fire Departments to inspect the premises to determine if it conforms to
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the requirements of the City and no license or permit shall be approved until or unless an
approving report has been filed with the City Clerk for submission to the City Council.
Sec. 5-27. Requirements for Premises.
(a) An applicant for a liquor control license, wine permit, or beer permit, as a further condition
for approval by the City Council, must give consent in writing on the application that members of
the Fire, Police, Building, and Health Departments may enter upon the premises without warrant to
inspect for violations of the provisions of state law and of this Chapter.
(b) In addition to any other requirements, the premises for which a beer permit, wine permit, or
liquor control license is sought shall meet the following requirements:
(1) No liquor control license, wine permit, or beer permit shall be approved for premises
which do not conform to all applicable laws, provisions of this Code, and other ordinances,
resolutions, and health and fire regulations.
(2) No licensee shall have or maintain any interior access to residential or sleeping
quarters unless permission is granted by the administrator in the form of a living quarters
permit.
(3) The premises for which a retail beer permit is sought shall be located within a
business district or an area now or hereafter zoned to permit such business and shall
conform to the zoning requirements of the City. However, no class B beer permit shall be
issued for premises located in local business A district classification unless a public hearing
is first held therefore and due notice of such public hearing has first been given.
(4) The premises of a retail beer permittee shall, at the time of the application, continue
to be equipped with sufficient tables and seats to accommodate twenty five (25) people at
one time.
Sec. 5-28. Proof of Financial Responsibility.
Each liquor control licensee and retail beer permittee shall furnish proof of financial
responsibility either by the existence of a liability insurance policy or by posting bond in such
amount as shall be determined by the Division.
Sec. 5-29. Fees and Surcharges.
Fees and surcharges shall be submitted with the respective application for a beer permit, wine
permit, or liquor control license in accordance with the requirements of the Code of Iowa.
Sec. 5-30. Action by the City Council; Forwarding of Documents to the State.
Action taken by the City Council shall be so endorsed on the application and thereafter the
application, necessary fee, and bond, if required, shall be forwarded to the Division for such further
action as is provided by law.
Sec. 5-31. Nature and Scope of License or Permit.
A liquor control license or beer or wine permit shall be a purely personal privilege and shall be
revocable for cause; it shall not constitute property nor be subject to attachment and execution, nor
be alienable nor assignable and, in any case, it shall cease upon the death of the permittee or
licensee; however, the Director may in the Director's discretion allow the executor or administrator
of a permittee or licensee to operate the business of the decedent for a reasonable time, not to
exceed the expiration date of the permit or license. Each permit or license shall be issued in the
name of the applicant and no person holding a permit or license shall allow any other person to
use it.
Sec. 5-32. Transferability as to Location.
The City Council may, in its discretion, authorize a licensee or permittee under this Article to
transfer the license or permit from one location to another within the City, provided that the
premises to which the transfer is to be made would have been eligible for a license or permit in the
first instance and the transfer will not result in the violation of any law, provisions of this Code, or
other City ordinance.
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Sec. 5-33. Surrender of Permit or License; Refund of Fee.
Any licensee or permittee under this Article, or any licensee's or permittee's executor,
administrator, or any person duly appointed by a court to take charge of and administer the
property or assets of the licensee or permittee for the benefit of the licensee's or permittee's
creditors may voluntarily surrender such license or permit to the Division, and when so
surrendered, the Division shall notify the City. The Division and the City, or the City by itself in the
case of a retail beer permit, shall refund to the person so surrendering the license or permit a
proportionate amount of the fee paid for such license or permit as follows:
If surrendered during the first three (3) months of the period for which the license or permit was
issued, the refund shall be three-fourths (3/4) of the amount of the fee; if surrendered more than
three (3) months, but not more than six (6) months after issuance, the refund shall be one-half
(1/2) of the amount of the fee; if surrendered more than six (6) months, but not more than nine (9)
months after issuance the refund shall be one-fourth (1/4) of the amount of the fee. No refund shall
be made, however, for a liquor control license or beer permit surrendered more than nine (9)
months after issuance. No refund shall be made to any licensee or permittee upon the surrender of
his license or permit, if there is at the time of the surrender a complaint filed with the department or
the City charging him with a violation of this Chapter or any provision of the Iowa Alcoholic
Beverage Control Act. If upon hearing any such complaint, the license or permit is not revoked or
suspended, then the licensee or permittee shall be eligible, upon surrender of the licensee's or
permittee's license or permit, to receive a refund as provided in this Section; but if the licensee's or
permittee's license or permit is revoked or suspended upon the hearing, he shall not be eligible for
the refund of any portion of the licensee's or permittee's license or permit fee. No refund shall be
made for seasonal licenses or permits.
Sec. 5-34. Term of License or Permit; Seasonal Licenses and Permits.
All liquor control licenses, wine permits, and beer permits, unless sooner suspended or revoked,
shall expire one (1) year from the date of issuance. Six (6) or eight (8) month seasonal licenses,
wine permits, or beer permits may be issued for a proportionate part of the license or permit fee.
No seasonal license or permit shall be renewed except after a period of two (2) months. Seasonal
licensing shall be only as permitted by the Code of Iowa.
Sec. 5-35. Application for Renewal.
Upon receipt of an application for the renewal of a liquor license, wine permit, or beer permit, it
shall be forwarded to the Chief of Police who shall conduct an investigation and shall submit a
written report on the applicant as to the truth of the facts answered in the application and a
recommendation to the City Council as to the approval of the license or permit.
Sec. 5-36. Suspension and Revocation-Generally; Grounds.
(a) In addition to the penalties of this Article, the City Council may suspend a license or permit
issued pursuant to this Chapter for a period not to exceed one (1) year, revoke the license or
permit, or impose a civil penalty not to exceed one thousand dollars ($1,000.00) per violation.
Before suspension, revocation, or imposition of a civil penalty, the license or permit holder shall be
given written notice and an opportunity for a hearing.
(b) A license or permit issued under this Chapter may be suspended or revoked or a civil
penalty may be imposed on the license or permit holder for any of the following causes:
(1) Misrepresentation of any material fact in the application for the license or permit.
(2) Violation of any of the provisions of this Chapter.
(3) Any change in the ownership or interest in the business operated under a class A,
class B, or class C liquor control license, or any wine or beer permit, which change was not
previously reported to and approved by the local authority and the Division.
(4) An event which would have resulted in disqualification from receiving the license or
permit when originally issued.
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(5) Any sale, hypothecation, or transfer of the license or permit.
(6) The failure or refusal on the part of the licensee or permittee to render any report or
remit any taxes to the Division under this Chapter when due.
(c) A criminal conviction is not a prerequisite to suspension, revocation, or imposition of a civil
penalty pursuant to this Section.
(d) The City Council may suspend any retail wine or beer permit or liquor control license for a
violation of this Ordinance or any of the provisions of the Code of Iowa.
(e) If the cause for suspension is a first offense violation of the Code of Iowa, the City Council
shall impose a penalty in the amount of three hundred dollars ($300.00) in lieu of suspension of the
license or permit.
Sec. 5-37. Suspension and Revocation-Specific Terms.
(a) The conviction of any liquor control licensee, wine permittee, or beer permittee for a
violation of any of the provisions of this Chapter shall be grounds for the suspension or revocation
of the license or permit by the Division or the City. However, if any liquor control licensee is
convicted of any violation of the Code of Iowa or any beer permittee convicted of a violation of the
Code of Iowa, the liquor control license, wine, or beer permit shall be revoked and shall
immediately be surrendered by the holder and the bond of the license or permit holder shall be
forfeited to the Division.
(b) If any licensee, wine permittee, beer permittee, or employee of such licensee or permittee
shall be convicted of a violation of the Code of Iowa or a retail beer permittee shall be convicted of
a violation of this Chapter, the City shall, in addition to the other penalties fixed for such violations
by this Section, assess a penalty as follows:
(1) Upon a first conviction, the violator shall be assessed a civil penalty in the amount of
three hundred dollars ($300.00). Failure to pay the civil penalty will result in automatic
suspension of the license or permit for a period of fourteen (14) days, in addition to the civil
penalty of three hundred dollars ($300.00).
(2) Upon a second conviction within a period of two (2) years, the violator's liquor control
license, wine, or beer permit shall be suspended for a period of thirty (30) days.
(3) Upon a third conviction within a period of three (3) years, the violator's liquor control
license, wine, or beer permit shall be suspended for a period of sixty (60) days.
(4) Upon a fourth conviction within a period of three (3) years, the violator's liquor control
license, wine, or beer permit shall be revoked.
Sec. 5-38. Appeal and Hearing.
The right of appeal to the Alcoholic Beverage Division Hearing Board shall be afforded a liquor
control licensee, wine permittee, or beer permittee whose license or permit has been suspended,
revoked, or denied.
Sec. 5-39. Effect of Revocation.
Any liquor control licensee or beer or wine permittee whose license or permit is revoked under
the Code of Iowa shall not thereafter be permitted to hold a liquor control license or a beer or wine
permit in the State for a period of two (2) years from the date of the revocation. The spouse and
business associates holding ten percent (10%) or more of the capital stock or ownership interest in
the business of a person whose license or permit has been revoked shall not be issued a liquor
control license or beer or wine permit, and no liquor control license or beer or wine permit shall be
issued which covers any business in which such person has a financial interest for a period of two
(2) years from the date of such revocation. In the event a license or permit is revoked, the
premises which had been covered by the license or permit shall not be relicensed for one (1) year.
st
Published officially in the Telegraph Herald Newspaper the 21 day of February, 2009.
/s/Jeanne F. Schneider, CMC, City Clerk
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Chapter 46 – Taxicab Ordinance Amendment: City Manager recommending approval of
changes to the Taxicab Ordinance to provide an exemption for non-profit taxicab services and an
exemption for charter transportation. 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. 11-09 Amending the City
of Dubuque Code of Ordinances by repealing Chapter 46 Vehicles for Hire and Public
Transportation and adopting a new Chapter 46 Vehicles for Hire and Public Transportation in lieu
thereof. Seconded by Connors. Assistant City Attorney Crenna Brumwell clarified that these
vehicles would be governed by Chapter 32 of the City Code of Ordinances and Chapter 321 of the
Iowa State Code for vehicle safety. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 11-09
AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES BY REPEALING CHAPTER 46
VEHICLES FOR HIRE AND PUBLIC TRANSPORTATION AND ADOPTING A NEW CHAPTER
46 VEHICLES FOR HIRE AND PUBLIC TRANSPORTATION IN LIEU THEREOF.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. Chapter 46 of the City of Dubuque Code of Ordinances is amended as set forth in the
attached Chapter 46 Vehicles for Hire and Public Transportation.
Section 2. This Ordinance shall take effect on publication.
th
Passed, approved and adopted the 16day of February, 2009.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
Chapter 46
VEHICLES FOR HIRE AND PUBLIC TRANSPORTATION
ARTICLE I. PUBLIC TRANSPORTATION BY NON-MOTORIZED VEHICLES
DIVISION 1. GENERALLY
Sec. 46-1. Definitions.
The following words and phrases, when used in this Article, shall have the following meanings:
Driver means any person who operates a non-motorized vehicle in the transportation of
passengers and who receives any compensation for such service in wages or commissions or who
is otherwise paid, directly or indirectly.
Horse-drawn carriage means a chauffeured non-motorized vehicle pulled by horses and
engaged in the business of carrying passengers.
Non-motorized vehicle means any conveyance designed to carry a driver and passengers which
is propelled by a means other than a motor.
Pedicab means a chauffeured non-motorized vehicle, propelled by pedals, engaged in the
business of carrying passengers.
Sec. 46-2. Rates.
No person shall operate a non-motorized vehicle without posting in clear view within the
passenger compartment a printed rate card large enough to be read by the passengers in the
vehicle, showing the rates.
Sec. 46-3. Operation Requirements.
The operation of a non-motorized vehicle shall meet the following requirements:
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(a) The driver of a non-motorized vehicle shall be a person who is at least eighteen (18)
years of age and holds a valid motor vehicle operator’s license.
(b) The months of operation shall be year-round beginning April 1st.
(c) Non-motorized vehicles shall be operated only on routes within the Main Street
District Cultural Corridor as established by the City Manager. The City Manager may require
such routes to be changed at any time in the event of a sudden hazard, construction,
special event, or for such other reason as the City Manager determines to be necessary.
(d) Non-motorized vehicles shall be allowed to stop, stand, or park at any non-restricted
meters in the Main Street District Cultural Corridor.
(e) When collecting fees or picking up or dropping off passengers, the driver shall stop,
stand, or park the vehicle only in approved locations or parallel to the curb, taking care not
to block traffic lanes, crosswalks, or intersections, or to otherwise impede the flow of
vehicular or pedestrian traffic.
(f) Non-motorized vehicles shall be operated only on City streets and shall not be
operated on sidewalks.
(g) The driver of a non-motorized vehicle shall not conduct business on private property
without the prior consent of the property owner.
(h) Passengers shall be limited to the passenger compartment of the vehicle and shall
not board or exit the vehicle while it is in motion or in a traffic lane or intersection.
(i) No open alcoholic beverage containers or consumption of alcoholic beverages shall
be allowed in a vehicle or in the possession of the driver or passengers.
(j) The operator of a business providing non-motorized vehicle transportation shall post
notices in each vehicle and in each waiting room or at each station owned or used by the
operator stating the charges and routes or methods of operation.
(k) Non-motorized vehicles shall be equipped with headlights, taillights, reflectors, and a
slow-moving vehicle sign.
(l) The owner or driver of a non-motorized vehicle shall keep it in a safe and operating
condition at all times. The Chief of Police is hereby authorized, either on complaint of any
person or without such complaint, to inspect the non-motorized vehicle and upon discovery
of any unsafe condition, to notify the person operating the vehicle to cease operation.
Thereupon said non-motorized vehicle shall be kept off the street until unsafe condition has
been corrected.
DIVISION 2. NON-MOTORIZED VEHICLE TRANSPORTATION BUSINESS LICENSE
Sec. 46-4. Business License Required.
No person shall operate a pedicab, horse-drawn carriage, or other non-motorized passenger
transportation business for the purpose of public transportation, whether or not passengers are
charged for the service, without first obtaining an annual license therefore as provided in this
Article.
Sec. 46-5. Application for Business License.
(a) An application for a non-motorized transportation business license shall be filed with the City
Manager on a form provided by the City Manager. The application shall contain the following
information
(1) The name of the applicant.
(2) The name and address of each of the principal officers of the business and the name
and address of each partner, trustee, owner, or other person with a financial interest in the
applicant.
(3) A description of the methods, procedures, hours of operation, and equipment to be
used.
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(4) A map of the City showing the locations of proposed routes or methods of operation,
including proposed stations to stop, stand, or park vehicles to pick up and drop off
passengers and proposed locations to store or keep vehicles, animals, and equipment
related to the operation.
(5) The identification, descriptive information, and photographs of each non-motorized
vehicle.
(6) The names, addresses, and dates of birth of all drivers of non-motorized vehicles.
Such information shall be updated with the City Manager for each new driver before any
driver operates a non-motorized vehicle for the purpose of public transportation.
Falsification of information on an application shall be grounds for denial or revocation of a license.
(b) The City Manager shall cause the Chief of Police to investigate each application for a non-
motorized transportation business license and a report of such investigation shall be submitted by
the Chief of Police to the City Manager.
Sec. 46-6. Consideration of Application.
The City Manager shall, upon consideration of the application and the information required
herein, approve or reject the application. If the application is rejected, the applicant may file with
the City Clerk a written notice of appeal from the City Manager’s decision.
Sec. 46-7. Fees.
At the time of filing the application, the applicant shall pay to the City Manager a non-refundable
application business fee established by the City Manager. At the time of issuance of a non-
motorized vehicle license, the applicant shall pay to the City Manager a non-motorized vehicle
license fee established by the City Manager.
Sec. 46-8. Insurance.
Prior to the issuance of a license, the applicant shall submit to the City Manager proof of, and
shall maintain at all times during operation of the business, such insurance as the City Manager
shall determine appropriate.
Sec. 46-9. Renewals.
All licenses under this Article shall expire on March 31st of each year.
Sec. 46-10. Display.
The non-motorized transportation license shall be fastened upon the vehicle and shall not be
removed until the expiration of the license.
Sec. 46-11. Suspension and Revocation of License.
A license may be revoked or suspended by the City Manager for a violation of any of the
provisions of this Article, any other ordinances of the City, or laws of the United States or the state
of Iowa which demonstrate the lack of fitness of the licensee to offer public transportation.
The licensee shall be given not less than ten (10) day written notice of the proposed action to be
taken prior to suspension or revocation. The licensee may file with the City Clerk a written notice of
appeal to the City Council from the suspension or revocation.
Sec. 46-12. Transfer Restricted.
No non-motorized transportation business license may be sold, assigned, mortgaged, or
otherwise transferred.
Sec. 46-13 – 46-14. Reserved.
DIVISION 3. NON-MOTORIZED VEHICLE DRIVER’S LICENSE
Sec. 46-15. Non-Motorized Vehicle Driver’s License.
No person shall operate a non-motorized vehicle for hire upon the streets of the City and no
person who owns or controls such vehicle shall permit it to be so driven, and no such vehicle shall
be so driven at any time for hire, unless the driver of such vehicle shall have first been issued a
driver's license under the provisions of this Article.
Sec. 46-16. Application for Driver’s License.
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(a) An application for a driver's license shall be filed with the City Manager on a form
provided by the City Manager.
(b) The City Manager shall cause the Chief of Police to investigate each applicant for a
license and a report of such investigation shall be submitted to the City Manager. Such
report shall state whether or not the applicant has a valid motor vehicle operator’s license.
Sec. 46-17. Consideration of Application.
The City Manager shall, upon consideration of the application and the reports required by this
Article, approve or reject the application.
Sec. 46-18. Issuance of License; Duration; Annual Fee.
(a) Upon approval of an application for a license, the City Manager shall issue a license
to the applicant upon the payment of an annual fee as determined by the City Manager.
Such license shall be in effect for the remainder of the calendar year. The license shall be
renewed every calendar year thereafter upon the payment of an annual fee unless the
license for the preceding year is in suspension or has been revoked.
(b) The driver shall wear the license upon the clothing of the driver at all times during the
operation of the vehicle.
Sec. 46-19. Failure to Comply with City, State, and Federal Laws.
A driver licensed under this Article shall comply with all applicable City, state, and federal laws.
ARTICLE II. MOTORIZED VEHICLES FOR HIRE
DIVISION 1. GENERALLY
Sec. 46-20. Definitions.
The following words and phrases, when used in this Article, shall have the following meanings:
Charter transportation means a vehicle furnished with a driver that carries passengers for hire
either on a fixed route in the City or pursuant to a written contract with reservations in advance of
the service. The vehicle shall operate without a meter installed and charge for services on an
hourly basis or longer periods of time.
Driver means any person who operates a motor vehicle in the transportation of persons and
who receives any compensation for such service in wages or commissions or who is otherwise
paid, directly or indirectly.
Extra luggage means luggage in excess of two (2) suitcases per person.
Manifest means a daily record prepared by a taxicab driver of all trips made by said driver
showing time and place of origin, destination, number of passengers, and the amount of fare of
each trip.
Motorized vehicle means a machine which incorporates a motor, sometimes known as an
engine, and which is used for transportation.
Non-profit taxicab means a vehicle furnished with a driver that carries passengers on a
volunteer basis. The vehicle shall operate without a meter installed and charge for services per
ride or on an hourly basis or longer periods of time.
Open stand means a public place alongside the curb of a street or elsewhere in the City that has
been designated by the City Manager as reserved exclusively for the use of taxicabs.
Operator or holder means a person to whom an operator permit has been issued by the City.
Rate card means a card issued by the operator for display in each taxicab and that contains the
rates of fare then in force.
Related group means a single telephone call to the taxicab company to pick up more than one
person with no more than two (2) suitcases per person from the same point of origin to the same
destination.
Taxicab means all vehicles furnished with a driver which carry passengers for hire within the
City. Charter transportation, as defined in this Section, non-profit taxicabs, and vehicles owned or
operated by any governmental entity that provide public transportation are not taxicabs.
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Taximeter means a meter instrument or device attached to a taxicab which measures
electronically the distance driven and the waiting time upon which the fare is based.
Waiting time means the time when a taxicab is not in motion from the time of acceptance of a
passenger or passengers to the time of discharge, but does not include any time that the taxicab is
not in motion if due to any cause other than the request, act, or fault of a passenger or passengers.
Vehicle for hire is a vehicle providing shared transportation which transports one (1) or more
passengers between locations of the passengers' choice, or close to it.
Sec. 46-21. Exemptions.
Non-profit taxicabs and charter transportation shall be exempt from the provisions of this
Chapter.
Sec. 46-22. Taximeter Required.
No person shall operate a taxicab without a taximeter fastened in front of the passengers, visible
to them at all times day and night, and after sundown the face of the taximeter shall be illuminated.
Sec. 46-23. Rates.
No person shall operate a taxicab without posting in a conspicuous place, in clear view within
the passenger compartment, a printed rate card large enough to be read by the passengers in the
taxicab showing the rates.
Sec. 46-24. Manifests.
(a) Every driver shall maintain a daily manifest upon which are recorded all trips made
each day, showing time and place or origin and destination of each trip and amount of fare
and all such completed manifests shall be returned to the owner by the driver at the
conclusion of the tour of duty. The form for each manifest shall be furnished to the driver by
the owner.
(b) Every holder of an operator permit shall retain and preserve all drivers' manifests in a
safe place for at least the calendar year and said manifests shall be open to inspection by
the Police Department.
Sec. 46-25. Open Stands.
(a) The City Manager is hereby authorized and empowered to establish open stands in
such place or places upon the streets of the City as deemed necessary for the use of
taxicabs operated in the City. The City Manager shall prescribe the number of cabs that
shall occupy such open stands.
(b) Open stands shall be used by the different drivers on a first-come first-serve basis.
The driver shall pull on to the open stand from the rear and shall advance forward as the
cabs ahead pull off. Drivers shall stay within five (5) feet of their cabs and shall not engage
in loud or boisterous talk while at an open stand. Nothing in this Article shall be construed
as preventing a passenger from boarding the cab of the passenger's choice that is parked at
open stands.
Sec. 46-26. Vehicles, License, and Maintenance.
(a) No person shall operate a vehicle used as a taxicab unless it is licensed by the state.
(b) The owner or driver of a taxicab shall keep it in a safe and operating condition at all
times. The Chief of Police is hereby authorized, either on complaint of any person or without
such complaint, to inspect the vehicle and, upon discovery of any unsafe condition, to notify
the person operating said taxicab to cease operation. Thereupon said taxicab shall be kept
off the street until the unsafe condition has been corrected.
Sec. 46-27 – 46-29. Reserved.
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DIVISION 2. PERMITS AND LICENSES
Sec. 46-30. Operator Permit Required.
No person shall operate a taxicab business without first having obtained a taxicab operator's
permit from the City Manager.
Sec. 46-31. Application for Operator's Permit.
(a) An application for a taxicab operator permit shall be filed with the City Manager's
Office on a form provided by the City.
(b) The City Manager shall cause the Chief of Police to investigate each applicant for a
taxicab operator permit and a report of such investigation shall be attached to the
application for consideration by the City Manager.
Sec. 46-32. Consideration of Application.
The City Manager shall, upon consideration of the application and the reports required to be
attached thereto, approve or reject the application. If the application is rejected, the applicant may
appeal the City Manager’s decision to the City Council.
Sec. 46-33. Insurance Prerequisite to Issuance, Continuance in Effect.
The taxicab operator shall provide insurance as required by the City Manager.
Sec. 46-34. Fees.
No taxicab operator permit shall be issued or renewed unless the holder thereof has paid an
annual permit fee established by the City Manager for the right to engage in the taxicab business
and an annual fee established by the City Manager for each vehicle in such taxicab business.
Such fees shall be for one (1) year commencing April 1st.
Sec. 46-35. Suspension and Revocation of Operator Permit.
An operator permit may be revoked or suspended by the City Manager if the holder thereof has
violated any of the provisions of this Article, discontinued operations for more than sixty (60) days,
or violated any ordinances of the City or laws of the United States or the state, the violations of
which demonstrate the lack of fitness of the holder to offer public transportation.
Prior to suspension or revocation, the operator shall be given not less than (10) days written
notice. The driver may file with the City Clerk a written notice of appeal to the City Council from
such suspension or revocation.
Sec. 46-36. Tag to be Fastened to Vehicle.
The taxicab license tag or plate issued by the City as evidence of an operator permit shall be
fastened upon the vehicle and shall not be removed until the expiration of the permit.
Sec. 46-37. Transfer Restricted.
No taxicab operator permit may be sold, assigned, mortgaged, or otherwise transferred without
the consent of the City Council.
Sec. 46-38. Taxicab Driver's License.
No person shall operate a taxicab for hire upon the streets of the City and no person who owns
or controls a taxicab shall permit it to be so driven and no taxicab licensed by the City shall be so
driven at any time for hire, unless the driver of said taxicab shall have first been issued a taxicab
driver's license under the provisions of this Article.
Sec. 46-39. Application for Driver's License.
(a) An application for a taxicab driver's license shall be filed with the City Manager's
Office on a form provided by the City Manager.
(b) The City Manager shall cause the Chief of Police to investigate each applicant for a
taxicab license and a report of such investigation shall be attached to the application for
consideration by the City Manager. Such report shall state whether or not the applicant has
a valid Iowa driver's license.
Sec. 46-40. Consideration of Application.
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The City Manager shall, upon consideration of the application and the reports required to be
attached thereto, approve or reject the application.
Sec. 46-41. Issuance of License; Duration; Annual Fee.
(a) Upon approval of an application for a taxicab driver's license, the City Manager shall
issue a license to the applicant upon the payment of the fee as established by the City
Manager. Such license shall be in effect for the remainder of the calendar year. The license
shall be renewed every calendar year thereafter upon the payment of the fee as established
by the City Manager unless the license for the preceding year is in suspension or has been
revoked.
(b) The driver shall wear the license upon the clothing of the driver.
Sec. 46-42. Failure to Comply with City, State, and Federal Laws.
Every driver licensed under this Article shall comply with all City, state, and federal laws.
Sec. 46-43. Suspension and Revocation of License.
The City Manager may suspend or revoke a driver's license if a driver fails or refuses to comply
with the provisions of this Article. The driver shall be given not less than ten (10) day written notice
prior to the suspension or revocation. The driver may file with the City Clerk a written notice of
appeal to the City Council from such suspension or revocation.
Sec. 46-44 – 46-55. Reserved.
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Published officially in the Telegraph Herald Newspaper the 20 day of February, 2009.
/s/Jeanne F. Schneider, CMC, City Clerk
Snow and Ice Control Budget: City Manager submitting an update on the current snow and ice
control budget and recommending that certain projects be canceled and rebudgeted in Fiscal Year
2011. Motion by Lynch to receive and file the documents and approve the recommendation.
Seconded by Connors. Motion carried 7-0.
Fiscal Year 2010 Wage Plan and Compensation Package for Non-Bargaining Unit Employees
and City Council Compensation Direction: City Manager recommending approval of the Fiscal Year
2010 Wage Plan and Compensation Package for Non-Bargaining Unit Employees and requesting
direction regarding City Council compensation. Motion by Connors to receive and file the
documents and adopt Resolution No. 76-09 Approving the Wage and Compensation Package for
Non-Bargaining Unit Employees for Fiscal Year 2010. Seconded by Jones. Motion carried 7-0.
Connors moved that the City Council appoint a compensation task force for the purpose of
determining annual compensation for the incoming Council Members. Seconded by Resnick. Buol
clarified that according to State Code, the year in which the majority of Council Members are up for
election is when a salary increase for the incoming Council is decided upon. With respect to
scheduling, City Attorney Lindahl clarified that this decision cannot be made in November and
December per State Code. Van Milligen added that it was not crucial to the Fiscal Year 2010
budget process. Council concurred that each member is to submit the name of one community
member to the City Clerk who will facilitate the compensation task force. Lynch stated that he is in
favor of the employee compensation increase but uncomfortable with an increase for City Council
Members at this time. Voetberg concurred with Lynch adding that he would vote against a task-
force recommended increase. Connors stated that the concept of each Council Member appointing
a person of their choosing to a compensation task force keeps the process open and transparent,
and involves citizen input. Resnick concurred with Connors adding that it is about the incoming
Council. Jones stated that he believed a task force is the best direction and suggested a bi-weekly
salary pay schedule. Braig stated that she believes it is about the value of public service and
concurred with Lynch but added that she preferred the idea of a task force to preserve continuity.
Motion carried 4-3 with Lynch, Voetberg, and Braig voting nay.
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RESOLUTION NO. 76-09
APPROVING THE WAGE PLAN AND COMPENSATION PACKAGE FOR NON-BARGAINING
UNIT EMPLOYEES FOR FISCAL YEAR 2010.
Whereas, the City Manager has recommended that the Non-bargaining Unit Wage Plan for
General Employee classifications and the Non-assigned classifications be increased by 3.5%
across-the-board effective July 1, 2009;
Whereas, the City Council provides a compensation package to Non-bargaining Unit employees
similar to the compensation package to be received by Bargaining Unit employees; and
Whereas, the proposed wage increase for Non-bargaining Unit employees is consistent with the
wage increase to be received by employees represented by the Firefighters Association, Police
Officers Association, Teamsters Union and Operating Engineers Union bargaining units.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Non-bargaining Unit Wage Plan for General Employee classifications and
Non-assigned classifications is hereby approved.
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Passed, approved and adopted this 16day of February, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
COUNCIL MEMBER REPORTS
Braig reported on her recent trip to Washington D.C. with the Chamber of Commerce stating
that the opportunity to speak with legislators was extremely worthwhile and beneficial to the City of
Dubuque.
Voetberg informed City Council that he has been appointed to the Community and Economic
Development Committee for the National League of Cities.
Connors reported that she has been appointed to the Human Development Committee for the
National League of Cities.
CLOSED SESSION
Motion by Jones to go into closed session at 8:11 p.m. regarding pending litigation pursuant to
Chapter 21.5(1)(j) of the Code of Iowa. Seconded by Voetberg. Motion carried 7-0.
Upon motion the City Council reconvened in open session at 8:19 p.m. stating that they had
given staff proper direction.
There being no further business, upon motion the City Council adjourned at 8:20 p.m.
/s/Jeanne F. Schneider, CMC
City Clerk
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