3 17 08 City Council Proceedings Official
CITY OF DUBUQUE, IOWA
CITY COUNCIL
OFFICIAL
PROCEEDINGS
The Dubuque City Council met in regular session at 6:30 p.m. on March 17, 2008, in the Historic
Federal Building
Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voetberg, City
Manager Van Milligen; City Attorney Lindahl
Invocation was provided by Pastor John Hulsizer, Church of the Nazarene
PROCLAMATIONS
Boys and Girls Club Week (March 30 – April 5, 2008) was accepted by Bob Reisch. Dubuque
County Conservation Society Week (April 1 – 5, 2008) was accepted by Dubuque County
Conservation Society President William Kemp.
CONSENT ITEMS
Motion by Lynch to receive and file the documents and dispose of as indicated. Seconded by
Jones. Motion carried 7-0.
Minutes and Reports Submitted: Airport Commission of 1/28; City Council of 3/3, 3/4, and 3/5; Civil
Service Commission of 1/22 and 2/21; City Conference Board of 2/11; Plumbing Board of 2/28;
Transit Trustee Board of 2/14; Zoning Advisory Commission of 3/5; Zoning Board of Adjustment of
2/28
Proofs of publication of City Council Proceedings of February 11, 18 and 23, 2008
Upon motion the documents were received and filed.
Notice of Claims/Suits: Dawn Rannals for vehicle damage; Tim Bushman for vehicle damage;
Michael Fassbinder for vehicle damage; David Link for personal injury/vehicle damage; Regina Pint
for vehicle damage; Carissa Young for vehicle damage; Eric Steffenson for vehicle damage; Gary
Lungwitz for vehicle damage; David Elgin for vehicle damage; William Blum for vehicle damage;
Jacob and Jennifer Hoyer for property damage; John Kass for vehicle damage; Roger Bahl for
vehicle damage; Andrew Stoecken for vehicle damage; Michael K. Clancy vs City of Dubuque. 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: Beverly M. Luster for personal injury;
Mike Fassbinder for vehicle damage; David J. Link for personal injury/vehicle damage.
City Attorney recommending settlement of the claims of David J. Schroeder for vehicle damage;
Theresa Deutsch for vehicle damage.
City Attorney recommending denial of the claims of John D. Miles for vehicle damage; Jacob
Kenniker for vehicle damage.
Upon motion the documents were received, filed, and concurred.
Statement of Support for the Guard and Reserve: Statement of support of the City of Dubuque
recognizing that the National Guard and Reserve are essential to the strength of our nation and the
well-being of our communities. Upon motion the documents were received and filed.
Land and Water Conservation Fund (LWCF) Grant Application: City Manager recommending
approval of an application for a Land and Water Conservation Fund Grant for the E.B. Lyons Center
Expansion project. Upon motion the documents were received and filed and Resolution No. 89-08
Approving an LWCF Grant Application to the Iowa Department of Natural Resources for the E.B.
Lyons Interpretive Center Expansion was adopted.
RESOLUTION NO. 89-08
RESOLUTION APPROVING A LWCF GRANT APPLICATION TO THE IOWA DEPARTMENT OF
NATURAL RESOURCES FOR THE E.B. LYONS INTERPRETIVE CENTER EXPANSION
COUNTY: DUBUQUE
WHEREAS, the City of Dubuque, Iowa is interested in acquiring lands or 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: $1,768,557
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, 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 makes application to the Iowa Department of Natural
Resources to seek Land and Water Conservation Fund financial assistance from the National Park
Service in the amount of 9.9% of the actual cost of the project in behalf of said City of Dubuque.
Section 3. That the City of Dubuque certifies to the following:
1. That is 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.
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 17 day of March, 2008.
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Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Downtown Dubuque Design Guidelines: City Manager recommending approval of the issuance of
a Request for Proposals for the Downtown Dubuque Design Guidelines Manual. Upon motion the
documents were received, filed, and approved.
Final Plat – Timber-Hyrst Estates #2: Zoning Advisory Commission recommending approval of the
final plat of Timber-Hyrst Estates #2 located on Creek Wood Drive as requested by North Cascade
Developers LLC / Marty McNamer. Upon motion the documents were received and filed and
Resolution No. 90-08 Approving the final plat of Timber Hyrst Estates #2 was adopted.
RESOLUTION NO. 90-08
APPROVING FINAL PLAT OF TIMBER-HYRST ESTATES #2 IN THE CITY OF DUBUQUE, IOWA
Whereas, there has been filed with the City Clerk a Final Plat of Timber-Hyrst Estates #2 in the
City of Dubuque, Iowa; and
Whereas, upon said final plat appears streets to be known as Creek Wood Drive (Lot A) and
Heather Glen (Lot B), together with certain public utility, storm sewer, sanitary sewer and water
mains, easements, which the owners by said final plat have dedicated to the public forever; and
Whereas, said plat provides 0 feet of frontage for Lot C, where 50 feet is required by Section 42-
19(b) of the Subdivision Regulations; and
Whereas, the final plat has been examined by the Zoning Advisory Commission and had its
approval endorsed thereon; and
Whereas, said final plat has been examined by the City Council and they find that it conforms to
the statutes and ordinances relating to it, except that no streets or public utilities have yet been
constructed or installed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the dedication of Creek Wood Drive (Lot A) and Heather Glen (Lot B), together
with the easements for public utilities, sanitary sewer, storm sewer, and water mains, as they appear
upon said final plat, be and the same are hereby accepted; and
Section 2. That Section 42-19(b) of the Subdivision Regulations is waived to allow Lot C to have 0
feet of frontage, where 50 feet of frontage is required; and
Section 3. That the Final Plat of Timber-Hyrst Estates #2 is hereby approved by the Mayor and City
Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon
said final plat, provided the owners of said property herein named, execute their written acceptance
hereto attached agreeing:
(a) To reduce Creek Wood Drive (Lot A) and Heather Glen (Lot B) to grade and to construct
concrete curb and gutter and to hard surface with asphaltic concrete, or with concrete paving
with integral curb, all in accordance with the City of Dubuque standard specifications, all in a
manner acceptable to the City Engineer, in conformance with construction improvement plans
approved by the City Engineer, and inspected by the City Engineer.
(b) To install sanitary sewer mains and sewer service laterals into each individual lot, water
mains and water service laterals into each individual lot, storm sewers and catch basins,
boulevard street lighting and erosion control devices all in accordance with the City of Dubuque
standard specifications, all in a manner acceptable to the City Engineer, and in accordance with
construction improvement plans approved by the City Engineer, and inspected by the City
Engineer.
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(c) To construct said improvements, prior to two (2) years from the date of acceptance of this
resolution, at the sole expense of the owners, or future owner;
(d) To maintain the public improvements, for a period of two (2) years from the date of the
acceptance of those improvements by the City Council of the City of Dubuque, Iowa, at the sole
final expense of the owners, or future owner;
And, further provided that said North Cascade Road Developers, LLC, as owners of said property,
shall secure the performance of the foregoing conditions provided in this Section by providing
guarantees in such form and with such sureties as may be acceptable to the City Manager of the City
of Dubuque, Iowa.
Section 4. Sidewalk installation shall be the responsibility of the owner abutting the public rights-of-
way, including lots with multiple frontages, as required by City Code 41-161 through 41-164. The
responsibility shall extend to all successors, heirs and assignees. Sidewalk installation will not be
required until the development of the lot has been completed, except as required herein. In sparsely
developed subdivisions, sidewalks on developed lots will not be required until 50% of the lots
approved by the plat have been developed. All vacant lots shall have sidewalks installed upon
development of 80% of the lots approved by the plat.
Section 5. That the final acceptance of all public improvements shall occur upon certification of the
City Engineer to the City Council that all public improvements have been completed in accordance
with the improvement plans and City standard specifications and accepted by City Council
Resolution.
Section 6. That in the event North Cascade Road Developers, LLC fails to execute the acceptance
and furnish the guarantees provided in Sections 2 and 3 hereof within 180 days after the date of this
Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and
approval the plat shall not be effective.
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Passed, approved and adopted this 17 day of March, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
ACCEPTANCE OF RESOLUTION NO. 90-08
I, Marty McNamer, representing North Cascade Road Developers, LLC, the undersigned, having
read the terms and conditions of the Resolution No. 90-08 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 27 day of March, 2008.
/s/Marty McNamer
Dubuque Golf and Country Club: Communication from the Dubuque Golf and Country Club
requesting permission to display fireworks on Friday, July 4, 2008 on their grounds, with a rain date of
Saturday, July 5, 2008. Upon motion the documents were received, filed, and approved.
2007 Cured-In-Place Pipe (CIPP) Lining Project: City Manager recommending acceptance of the
2007 CIPP Lining Project as completed by Visu-Sewer Clean & Seal in the final contract amount of
$199,588.36. Upon motion the documents were received and filed and Resolution No. 91-08
Accepting the 2007 CIPP Lining Project and authorizing payment of the contract amount to the
contractor was adopted.
RESOLUTION NO. 91-08
ACCEPTING THE 2007 SEWER CURED-IN-PLACE PIPE LINING PROJECT AND AUTHORIZING
THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR
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Whereas, the Public Improvement Contract for the 2007 Sewer Cured-In-Place Pipe Lining 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 Sanitary
Sewer Lining Project (CIP#7101637), Washington Street Sanitary between 10th and 11th Streets
(CIP#7101901), Pierce Street Storm Sewer Lining (CIP#7201910), and General Storm Sewer
Repairs (CIP#7201066) appropriation for the contract amount of $199,588.36 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 17 day of March, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE 2007 SEWER CURED-IN-
PLACE PIPE LINING PROJECT
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has
inspected the 2007 Sewer Cured-In-Place Pipe Lining 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 $225,255.88.
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Dated this 12 day of March, 2008.
Gus Psihoyos, City Engineer
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Filed in the office of the City Clerk on the 18 day of March, 2008.
Jeanne F. Schneider, CMC, City Clerk
Revitalize Iowa’s Sound Economy (RISE) Application: City Manager recommending approval of a
grant application to the Iowa Department of Transportation (IDOT) Revitalize Iowa’s Sound Economy
(RISE) program to help finance a street that will serve the Hormel project in Dubuque Industrial
Center West. Upon motion the documents were received and filed and Resolution No. 92-08
Endorsing the submission of a Revitalize Iowa’s Sound Economy (RISE) application to the Iowa
Department of Transportation for the construction of a cul de sac south from Chavenelle Road to
access lots in the Dubuque Industrial Center West 3rd Addition was adopted.
RESOLUTION NO 92-08
A RESOLUTION ENDORSING THE SUBMISSION OF A REVITALIZE IOWA'S SOUND ECONOMY
(RISE) APPLICATION TO THE IOWA DEPARTMENT OF TRANSPORTATION FOR THE
CONSTRUCTION OF A CUL DE SAC SOUTH FROM CHAVENELLE ROAD TO ACCESS LOTS IN
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THE DUBUQUE INDUSTRIAL CENTER WEST 3 ADDITION.
Whereas, the City of Dubuque believes that economic development opportunities require
developable industrial land with adequate public infrastructure in order to retain and attract new job
creating businesses and industries to this community; and
Whereas, the City of Dubuque is developing 48.6 acres of additional industrial land located in the
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Dubuque Industrial Center West (lot 4, 5 addition); and
Whereas, certain lots within the development must be accessed by a cul de sac extending south
from Chavenelle Road; and
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Whereas, the City is negotiating with Hormel Food Corporation to purchase 40 acres of land to
build a 327,000 square foot manufacturing facility that will create196 new jobs; and
Whereas, the Iowa Department of Transportation, through its Revitalize Iowa's Sound Economy
(RISE) Immediate Opportunity Project Funding, has monies available for the development of public
roadways to support immediate economic development opportunities.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the City of Dubuque hereby endorses the application to the Iowa Department of
Transportation for RISE Immediate Opportunity funding to provide roadway access to development
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lots in the Dubuque Industrial Center West 3 Addition in support of the construction of a new Hormel
Foods Corporation manufacturing facility in the industrial park.
Section 2. That the City of Dubuque hereby certifies that the roadway improvements will be
dedicated to public use and will remain so dedicated to public useand that G.O. Bond funds will be
available to finance the City’s portion of project costs.
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Section 3. Lot 4 of the 5 Addition in the Dubuque Industrial Center West, currently is only
accessible by a dirt road. A paved street is essential to serve this site to accommodate the proposed
Hormel project.
Section 4. That the City of Dubuque hereby assumes responsibility for and ongoing maintenance
of these roadway improvements and ensures that the roadway will be adequately maintained in the
future.
Section 5. That the City Manager is authorized to sign, on behalf of the City Council, the
application for RISE funding.
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Passed, approved and adopted this 17 day of March, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Legislative Correspondence: Communication to local legislators requesting that they oppose
House File 658 regarding changes to the Civil Service law.
Communication to Iowa Senator Roger Stewart and local legislators regarding the importance of
Tax Increment Financing.
Upon motion the documents were received and filed.
Wireless Network Equipment License Agreement – Dubuque Community Schools: City Manager
recommending approval of a Wireless Network Equipment License Agreement between the City of
Dubuque and Dubuque Community Schools. Upon motion the documents were received, filed, and
approved.
Wireless Network Equipment License Agreement – Holy Family Catholic Schools: City Manager
recommending approval of a Wireless Network Equipment License Agreement between the City of
Dubuque and Holy Family Catholic Schools. Upon motion the documents were received, filed, and
approved.
PEG Capital Grant Expenditure Request: City Manager recommending approval of a request from
Mediacom for funding from the Capital Grant for Access Equipment and Facilities. Upon motion the
documents were received, filed, and approved.
Mulgrew Oil Company: Communication from Jim Mulgrew, Mulgrew Oil Company, requesting that
the City eliminate the four percent bidding clause for Mulgrew Oil Company. Upon motion the
documents were received and filed and referred to the City Manager.
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Stipulation of Settlement: City Attorney submitting a Stipulation of Settlement in the tax
assessment appeal of David F. Krieg, 195 Fremont Avenue. Upon motion the documents were
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. 93-
08 Granting the issuance of a Class “C” Beer/Liquor License to Salsa’s Mexican Restaurant, Marco’s
Italian American Food, Yardarm Restaurant, Neighbor’s Tap, Bunker Hill Golf Course, Ground
Round, Eagles Club and Bulldog Billiards; and a Class “WBN” Native Wine Permit to Cedar Cross BP
was adopted.
RESOLUTION NO. 93-08
Whereas, applications for Liquor Licenses have been submitted to this Council for approval and
the same have been examined and approved; and
Whereas, the premises to be occupied by such applicants were inspected and found to comply
with the State Laws and all City Ordinances relevant thereto and they have filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the Manager be authorized to cause to be issued the following named applicants a Liquor
License.
CLASS “C” BEER/LIQUOR LICENSE
Salsa’s Inc. Salsa’s Mexican Restaurant+(Sunday Sale) 1091 Main Street
Marco’s Inc.. Marco’s Italian American Food 2022 Central Avenue
The Yardarm Yardarm Rest+(Sunday/Outdoor Sale) 1201 Shiras Extension
Neighbor’s Inc. Neighbor’s Tap 1899 Rockdale Road
City of Dubuque Bunker Hill Golf Course+(Sunday/Outdoor 2200 Bunker Hill
Sale)
Jamis, LLC Ground Round+(Sunday Sale) 50 JRK Road
Dubuque Aerie # 568 Eagles Club+(Sunday Sale) 1175 Century Drive
Bulldog Billiards, Inc. Bulldog Billiards+(Sunday Sale) 1850 Central Avenue
CLASS “WBN” NATIVE WINE
L B Metcalf, Inc. Cedar Cross BP 1200 Cedar Cross Road
Passed, approved and adopted this 17th day of March, 2008.
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, 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.
Sewer Revenue Capital Loan Notes: City Manager recommending that a public hearing be set for
April 7, 2008 to consider the issuance of not to exceed $2,458,000 Sewer Revenue Capital Loan
Notes (State of Iowa Revolving Fund Loan) for the West 32nd Street Detention Basin project. Upon
motion the documents were received and filed and Resolution No. 94-08 Fixing date for a meeting on
the authorization of a loan and disbursement agreement and the issuance of not to exceed
$2,458,000 Sewer Revenue Capital Loan Notes of Dubuque, Iowa, and providing for publication of
notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on April
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7, 2008, in the Historic Federal Building.
RESOLUTION NO. 94-08
RESOLUTION FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A LOAN AND
DISBURSEMENT AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $2,458,000 SEWER
REVENUE CAPITAL LOAN NOTES OF DUBUQUE, IOWA, AND PROVIDING FOR PUBLICATION
OF NOTICE THEREOF
WHEREAS, it is deemed necessary and advisable that the City of Dubuque, Iowa should provide
for the authorization of a Loan and Disbursement Agreement and the issuance of Sewer Revenue
Capital Loan Notes, in the amount of not to exceed $2,458,000, as authorized by Sections 384.24A
and 384.82, Code of Iowa, as amended, for the purpose of providing funds to pay costs as hereinafter
described; and
WHEREAS, the City has applied for a loan through the Iowa Water Pollution Control Works
Financing Program pursuant to which the Iowa Finance Authority has agreed to purchase the City's
Notes and has requested that such Notes be issued as a single Note in a denomination equal to the
total amount of the issue as authorized by Chapter 384 of the City Code of Iowa; and
WHEREAS, the Loan and Disbursement Agreement and Note shall be payable solely and only out
of the net earnings of the Municipal Sewer System and shall be a first lien on the future net earnings
of the Utility; and shall not be general obligations of the City or payable in any manner by taxation and
the City shall be in no manner liable by reason of the failure of the net revenues to be sufficient for the
payment of the Loan and Disbursement Agreement and Note; and
WHEREAS, before a Loan and Disbursement Agreement may be authorized and Sewer Revenue
Capital Loan Notes issued to evidence the obligation of the City thereunder, it is necessary to comply
with the provisions of the City Code of Iowa, as amended, and to publish a notice of the proposal and
of the time and place of the meeting at which the Council proposes to take action for the authorization
of the Loan and Disbursement Agreement and Notes and to receive oral and/or written objections
from any resident or property owner of the City to such action.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That this Council meet in the Historic Federal Building, 350 West 6th Street, Dubuque,
Iowa, at 6:30 o'clock P.M., on the 7th day of April, 2008, for the purpose of taking action on the matter
of the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed
$2,458,000 Sewer Revenue Capital Loan Notes to evidence the obligations of the City thereunder,
the proceeds of which will be used to provide funds to pay the costs of acquisition, construction,
reconstruction, extending, remodeling, improving, repairing and equipping all or part of the Municipal
Sewer System, including those costs associated with construction of the West 32nd Street Detention
Basin Project.
Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a
notice of said meeting, in a legal newspaper, printed wholly in the English language, published at
least once weekly, and having general circulation in said City, said publication to be not less than four
clear days nor more than twenty days before the date of said public meeting on the issuance of the
Notes.
Section 3. The notice of the proposed action shall be in substantially the [form provided].
Passed and approved this 17th day of March, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Town Clock Renovation Project: City Manager recommending initiation of the public bidding
process for the Town Clock Renovation Project and that a public hearing be set for April 7, 2008 to
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consider approval of the plans and specifications, form of contract and estimated cost. Upon motion
the documents were received and filed and Resolution No. 95-08 Preliminary approval of plans,
specifications, form of contract, and estimated cost; Resolution No. 96-08 Setting date of public
hearing on plans, specifications, form of contract, and estimated cost; and Resolution No. 97-08
Ordering bids for the Town Clock Renovation Project were adopted setting a public hearing for a
meeting to commence at 6:30 p.m. on April 7, 2008, in the Historic Federal Building.
RESOLUTION NO. 95-08
PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST FOR THE TOWN CLOCK RENOVATION PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the proposed plans, specifications, form of contract and estimated cost for the Town Clock
Renovation Project, in the estimated amount of $365,000, are hereby preliminarily approved and
ordered filed in the office of the City Clerk for public inspection.
Passed, adopted and approved this 17th day of March, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 96-08
FIXING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST FOR THE TOWN CLOCK RENOVATION PROJECT
Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval to the
proposed plans, specifications, form of contract, and estimated cost for the Town Clock Renovation
Project and ordered the same to be on file in the office of the City Clerk for public inspection.
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That a public hearing will be held on the 7th day of April, 2008, at 6:30 p.m. in the in the Council
Chambers, second floor of the Federal Building, 350 West 6th Street, Dubuque, Iowa, at which time
interested persons may appear and be heard for or against the proposed plans and specifications,
form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to
cause the attached notice of the time and place of such hearing to be published in a newspaper
having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than
four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested
person may appear and file objections to the proposed plans, specifications, form of contract, or
estimated cost of the Project.
Passed, adopted and approved this 17th day of March, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 97-08
ORDERING THE ADVERTISEMENT FOR BIDS FOR THE TOWN CLOCK RENOVATION
PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA:
That the Town Clock Renovation Project is hereby ordered to be advertised for bids for
construction.
BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in
an amount which shall conform to the provisions of the Notice to Bidders hereby approved.
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That the City Clerk is hereby directed to advertise for bids for the construction of the improvements
herein provided, by publishing the attached Notice to Bidders to be published in a newspaper having
general circulation in the City of Dubuque, Iowa, which notice shall be published more than twenty
days but not more than forty-five days before the date for filing bids at 2:00 p.m. on the 10th day of
April, 2008. Bids shall be opened and read by the City Clerk at said time and will be submitted to the
City Council for final action at the City Council meeting to be held at 6:30 p.m. on the 21st day of
April, 2008, in the Council Chambers, second floor of the Federal Building, 350 West 6th Street,
Dubuque, Iowa.
Passed, adopted and approved this 17th day of March, 2008.
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. Historic Preservation Commission (One 3-year vacant term through July 1,
2008 – Old Main District Interim Commissioner). Applicants: D. Joseph Rapp, David Stuart
Appointment to the following Board/Commission: Housing Code Appeals Board (Two 3-year
expired terms through January 11, 2011 – Terms of Moore and Young). Applicant: David Young.
Motion by Connors to appoint David Young to the Housing Code Appeals Board for a 3-year term
expiring January 11, 2011. Seconded Lynch. Motion carried 7-0.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone to address the City Council.
Cleveland Avenue Reconstruction Project: Proof of publication on notice of public hearing to
consider the plans and specifications, form of contract and estimated cost for the Cleveland Avenue
Reconstruction Project, using the City standard width for collector streets of 37 feet, the Resolution of
Necessity and the Preliminary Schedule of Assessments and City Manager recommending approval.
Motion by Jones to receive and file the documents and adopt Resolution No. 98-08 Approving plans,
specifications, form of contract, and estimated cost for the Cleveland Avenue Reconstruction – Bryant
Street to Villa Street Project; Resolution No. 99-08 Resolution with respect to the adoption of the
Resolution of Necessity proposed for the Cleveland Avenue Reconstruction – Bryant Street to Villa
Street Project; and Resolution No. 100-08 Approving schedule of assessments and estimate of total
cost for the Cleveland Avenue Reconstruction – Bryant Street to Villa Street Project. Seconded by
Connors. Wayne Lattner, 854 Cleveland, stated that people didn’t know of the additional assessment
for the 40-foot street width and that standard width would narrow the street causing parking and
passing problems by creating nearly a one-way street. Mr. Lattner also asked why the costs for lateral
replacements are so high. Eric Moeller, 1165 Cleveland, spoke in support of the 37-foot street width
saying that the extra speed was dangerous with so much parking and more residents moving in. Mr.
Moeller believed the assessment was too high to keep the street at a 40-foot width. Braig stated that
the street is in need of repair and a 37-foot width seems reasonable. She inquired as to why the
neighbors weren’t informed of the additional assessment for a 40-foot width. City Engineer Gus
Psihoyos stated that Mr. Lattner’s sewer lateral was longer than most on the street and therefore
more costly than the City’s historic cost. Psihoyos also said that he arrived at the additional
assessment cost after the third neighborhood meeting. Upon inquiry by Connors, Psihoyos said that
replacement trees could be planted. Lynch concurred with Braig that the additional assessment
10
information should have been shared with residents. Jones stated that he could not imagine spending
City or assessable funds on the 40-foot street width. Van Milligen indicated that there might be a
shared cost between the City and the residents regarding the replacement trees and that he will get
that information. Motion carried 7-0.
RESOLUTION NO. 98-08
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR
THE CLEVELAND AVENUE RECONSTRUCTION PROJECT – BRYANT STREET TO VILLA
STREET
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the proposed plans, specifications, form of contract and estimated cost for the Cleveland
Avenue Reconstruction Project – Bryant Street to Villa Street, in the estimated amount $2,271,011.81
are hereby approved.
th
Passed, adopted and approved this 17 day of March, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 99-08
RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY
PROPOSED FOR THE CLEVELAND AVENUE RECONSTRUCTION PROJECT – BRYANT
STREET TO VILLA STREET
Whereas, the City Council has proposed a Resolution of Necessity for the Cleveland Avenue
Reconstruction Project – Bryant Street to Villa Street has given notice of the public hearing thereon
as required by law; and
Whereas, the public hearing has been held, all persons offering objections have been heard and
consideration given to all objections and is pending before this Council; and
Whereas, this is the time and place set as provided for the taking of action on the proposed
Resolution of Necessity.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the proposed Resolution of Necessity described above is hereby adopted, without
amendment, and all objections filed or made having been duly considered are overruled.
th
Passed, adopted and approved this 17 day of March, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 100-08
APPROVING SCHEDULE OF ASSESSMENTS AND ESTIMATE OF TOTAL COST FOR THE
CLEVELAND AVENUE RECONSTRUCTION PROJECT – BRYANT STREET TO VILLA STREET
NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the attached plat, schedule of assessments, and estimate of total cost for the Cleveland
Avenue Reconstruction Project – Bryant Street to Villa Street are hereby approved.
CLEVELAND AVENUE RECONSTRUCTION PROJECT (BRYANT TO VILLA) PRELIMINARY
SCHEDULE OF VALUATION AND PROPOSED ASSESSMENTS, DATE: FEBRUARY 8, 2008
The following schedule is hereby determined to show each lot proposed to be assessed for the
improvement shown in the title together with the amount proposed to be assessed against each lot
11
and the valuations shown opposite each lot are hereby fixed as the true valuations of such lots by the
City Council of the City of Dubuque.
PROPERTY OWNER NAME; LOT DESCRIPTION; PARCEL NUMBER; VALUATION WITH
IMPROVEMENT; NET PAVING IMPROVEMENT COST; NET PAVING IMPROVEMENT
DEFICIENCY; TOTAL PUBLIC IMPROVEMENT COST; WATER SERVICE PRIVATE LATERAL
COST; SANITARY SEWER PRIVATE LATERAL COST; CONCRETE SIDEWALK COST; TOTAL
NET ASSESSMENT
Felton, Steven L & Lorie A, N 150' LOT 92 UNION ADD, 10-25-381-006, $78,982.24, $1,932.53,
$0.00, $1,932.53, $2,191.04, $1,258.67, $0.00, $5,382.24
Roddy, John J & Mary Margaret, S 75' OF LOT 63 UNION ADD, 10-25-377-016, $111,084.81,
$1,483.85, $0.00, $1,483.85, $1,242.29, $1,258.67, $0.00, $3,984.81
Wagner, Paul E & Teresa D, LOT 91 UNION ADD, 10-25-381-005, $110,908.84, $2,050.17, $0.00,
$2,050.17, $0.00, $1,258.67, $0.00, $3,308.84
Soley, John D, LOT 64 UNION ADD, 10-25-377-015, $108,384.81, $1,483.85, $0.00, $1,483.85,
$1,242.29, $1,258.67, $0.00, $3,984.81
Ryan - Mc Dermott, Marilyn I, E 1/2 - N 1/2 - LOT 90 UNION ADD & S 1/2 LOT 90 UNION ADD,
10-25-381-004, $77,059.64, $1,209.93, $0.00, $1,209.93, $2,191.04, $1,258.67, $0.00, $4,659.64
Howes, Bruce R & Laura M, LOT 65 UNION ADD, 10-25-377-014, $106,284.81, $1,483.85, $0.00,
$1,483.85, $1,242.29, $1,258.67, $0.00, $3,984.81
Galle, Carol L, W 1/2 - N 1/2 - LOT 90 IN UNION ADD, 10-25-381-003, $71,789.94, $840.23,
$0.00, $840.23, $2,191.04, $1,258.67, $0.00, $4,289.94
Mcpoland, Daniel J, S 75' LOT 66 UNION ADD, 10-25-377-013, $87,784.81, $1,483.85, $0.00,
$1,483.85, $1,242.29, $1,258.67, $0.00, $3,984.81
Mackedanz, James G & Kathryn A, LOT 1-89 UNION ADD, 10-25-381-002, $113,336.62,
$1,686.91, $0.00, $1,686.91, $2,191.04, $1,258.67, $0.00, $5,136.62
Kleinschrodt, David & Victoria J, LOT 1 OF 88 IN UNION ADD, 10-25-381-001, $104,636.62,
$1,686.91, $0.00, $1,686.91, $2,191.04, $1,258.67, $0.00, $5,136.62
Thorpe, Judy A/K/A Judith A, LOT 1-67 UNION ADD 1097 - 1097 1/2 CLEVELAND AVE, 10-25-
377-012, $146,839.61, $1,580.94, $0.00, $1,580.94, $0.00, $1,258.67, $0.00, $2,839.61
Gassman, Aaron A & Vicki J, LOT 1 OF 5 BUSHS SUB LOT 2 OF 5 BUSHS SUB LOT 2 OF 67
UNION ADD, 10-25-377-011, $61,309.85, $608.89, $0.00, $608.89, $1,242.29, $1,258.67, $0.00,
$3,109.85
Kuennen, James J & Jacqueline M, LOT 1-1-2 OF MIN LOT 63 , LOT 11 BUSHS SUB & E PT OF
LOT 69 UNION ADD, 10-25-357-016, $127,441.26, $541.26, $0.00, $541.26, $0.00, $0.00, $0.00,
$541.26
Wetter, Steven J, LOT 1 OF 4 BUSHS SUB, 10-25-377-010, $68,001.09, $1,242.42, $0.00,
$1,242.42, $0.00, $1,258.67, $0.00, $2,501.09
Stender, Thomas D & Speltz, Bonita, N 143' LOT 87 UNION ADD, 10-25-380-005, $122,082.23,
$2,032.52, $0.00, $2,032.52, $2,191.04, $1,258.67, $0.00, $5,482.23
Milner, James R. & Sarah J. Simon, S 1/2 LOT 3 BUSHS SUB, 10-25-377-009, $67,398.85,
$1,240.18, $0.00, $1,240.18, $0.00, $1,258.67, $0.00, $2,498.85
Noel, Andrew J & Teri A, N 143' LOT 86 UNION ADD, 10-25-380-004, $90,168.35, $1,909.68,
$0.00, $1,909.68, $0.00, $1,258.67, $0.00, $3,168.35
Moeller, Erich R & Lindsey J Mcneelay-Moeller, LOT 1 OF 2 BUSHS SUB 1165-1165 1/2
CLEVELAND AVE, 10-25-377-008, $103,137.50, $1,236.54, $0.00, $1,236.54, $1,242.29, $1,258.67,
$0.00, $3,737.50
Chapman, Cheri M, LOT 2 OF 1 OF BUSH'S SUB, 10-25-377-001, $69,927.31, $27.31, $0.00,
$27.31, $0.00, $0.00, $0.00, $27.31
12
Woolf, Richard K & Carol A, LOT 1 OF 1 OF BUSH'S SUB, 10-25-377-007, $92,115.10,
$1,214.14, $0.00, $1,214.14, $1,242.29, $1,258.67, $0.00, $3,715.10
Braga, Christopher J, LOT 85 UNION ADD, 10-25-380-003, $126,599.88, $2,050.17, $0.00,
$2,050.17, $2,191.04, $1,258.67, $0.00, $5,499.88
Deutmeyer, Kim A, LOT 84 UNION ADD, 10-25-380-002, $122,599.88, $2,050.17, $0.00,
$2,050.17, $2,191.04, $1,258.67, $0.00, $5,499.88
K E Joint Ventures LLC, LOT 1-2-1-2-MIN LOT 63 & 11 OF BUSHS SUB & E PT OF LOT 69 IN
UNION ADD & AND LOT 1-2-2-MIN LOT 63 & 11 BUSHS SUB & E PT OF LOT 69 UNION ADD, 10-
25-357-024, $98,338.52, $2,079.85, $0.00, $2,079.85, $0.00, $1,258.67, $0.00, $3,338.52
Michel, Martin J, N 145' LOT 83 UNION ADD, 10-25-380-001, $88,966.28, $1,916.57, $0.00,
$1,916.57, $2,191.04, $1,258.67, $0.00, $5,366.28
Colin, Mary E, LOT 2-2-2-MIN LOT 63 & LOT 11 OF BUSHS SUB & E PT OF LOT 69 IN UNION
ADD AND LOT 2-2-1-2 OF MIN LOT 63 & LOT 11 OF BUSHS; & E PT OF LOT 69 UNION, 10-25-
357-023, $87,902.48, $1,301.52, $0.00, $1,301.52, $1,242.29, $1,258.67, $0.00, $3,802.48
Kass, Stanley G & Debra J, Lot 1 - W 117' - 69 UNION ADD, 10-25-357-022, $89,681.73,
$1,480.77, $0.00, $1,480.77, $1,242.29, $1,258.67, $0.00, $3,981.73
Colin, Douglas E & Marie C, LOT 2 - W 117' - 69 UNION ADD & 2 OF MIN LOT 63, 10-25-357-
021, $100,534.33, $1,633.37, $0.00, $1,633.37, $1,242.29, $1,258.67, $0.00, $4,134.33
Crow, David L & Nancy J, LOT 1-2 SUB OF 70 & 71 IN UNION ADD, 10-25-357-020, $156,913.30,
$2,112.34, $0.00, $2,112.34, $1,242.29, $1,258.67, $0.00, $4,613.30
Breson, Joseph T & Deanna M, LOT 80 UNION ADD, 10-25-361-015, $94,808.84, $2,050.17,
$0.00, $2,050.17, $0.00, $1,258.67, $0.00, $3,308.84
Home Dream LLC, LOT 79 UNION ADD, 10-25-361-014, $94,099.88, $2,050.17, $0.00,
$2,050.17, $2,191.04, $1,258.67, $0.00, $5,499.88
Lampe, Earl V & Juan M, LOT 1-2-2 SUB OF LOTS 70 & 71 UNION ADD, 10-25-357-019,
$123,559.99, $1,959.03, $0.00, $1,959.03, $1,242.29, $1,258.67, $0.00, $4,459.99
Arnold, Jason L & Bonar-Arnold Natalie A, LOT 78 UNION ADD, 10-25-361-013, $125,108.84,
$2,050.17, $0.00, $2,050.17, $0.00, $1,258.67, $0.00, $3,308.84
Bodish, Robert A & Platt, Grace M, LOT 1 GRACE CLEVELAND AVE PL, 10-25-361-012,
$42,124.94, $966.27, $0.00, $966.27, $0.00, $1,258.67, $0.00, $2,224.94
Roeth, David M & Karon I, LOT 1-70 & 71, LOT 2-2-2 OF 70 & 71 UNION ADD, 10-25-357-018,
$146,884.42, $2,383.46, $0.00, $2,383.46, $1,242.29, $1,258.67, $0.00, $4,884.42
Powers, Helen V, LOT 1-75 UNION ADD LOT 1-74 UNION ADD, 10-25-357-017, $125,355.12,
$1,454.16, $0.00, $1,454.16, $1,242.29, $1,258.67, $0.00, $3,955.12
Brimeyer, Delbert & Delight, LOT 2 GRACE CLEVELAND AVE PLACE, 10-25-361-011,
$44,383.77, $934.06, $0.00, $934.06, $2,191.04, $1,258.67, $0.00, $4,383.77
Kelly, John E, LOT 1 OF 2 OF 76 & 77 UNION ADD & UND 1/4 LOT A-2 OF 76 & 77 IN UNION
ADD, 10-25-361-001, $111,348.42, $2,789.75, $0.00, $2,789.75, $0.00, $1,258.67, $0.00, $4,048.42
Rowell, Patricia M Revocable Trust, LOT 1 BRYANT PLACE, 10-25-357-027, $74,538.98,
$238.98, $0.00, $238.98, $0.00, $0.00, $0.00, $238.98
Pregler, Brian D, LOT 72 & LOT 1-73 IN UNION ADD, 10-25-357-007, $51,969.38, $269.38,
$0.00, $269.38, $0.00, $0.00, $0.00, $269.38
Roth, Dustin R & Elisa K Powell N/K/A Elisa K Roth, LOT 2-73 IN UNION ADD, 10-25-357-008,
$79,690.46, $590.46, $0.00, $590.46, $0.00, $0.00, $0.00, $590.46
Sun, Erika M, LOT 2-74 IN UNION ADD, 10-25-357-009, $129,859.40, $759.40, $0.00, $759.40,
$0.00, $0.00, $0.00, $759.40
Arner-Powers, Dawn M, LOT 2-75 IN UNION ADD, 10-25-357-010, $98,046.76, $2,646.76, $0.00,
$2,646.76, $0.00, $0.00, $0.00, $2,646.76
13
Barfels, Kay Frances, N 40.5' - E 50' - N 85' - LOT 2 OF HARPERS SUB, 10-25-456-004,
$129,854.92, $896.25, $0.00, $896.25, $0.00, $1,258.67, $0.00, $2,154.92
Higley, Roger J & Michele A, S BAL OF E 50' OF N 85' OF LOT 2 HARPERS SUB, 10-25-456-
005, $114,753.02, $410.73, $0.00, $410.73, $1,242.29, $0.00, $0.00, $1,653.02
Ternes, John F & Teresa Anne Trustee of Ternes Family Trust, LOT 2-2 OF 76 & 77, N 10' LOT 3-
2 OF 76 & 77, UND 1/8 A-2 OF 76 77 IN UNION ADD, 10-25-361-002, $115,015.00, $1,015.00,
$0.00, $1,015.00, $0.00, $0.00, $0.00, $1,015.00
Thibadeau, Ricky M & Susan J, LOT 1 O'BRIENS CLEVELAND AVE PLACE, 10-25-361-016,
$129,824.42, $3,374.71, $0.00, $3,374.71, $2,191.04, $1,258.67, $0.00, $6,824.42
Finn, Dennis J & Ann R, S 50' LOT 1 - 76 & 77 UND 1/8 LOT A-2 - 76 & 77, S 40' LOT 3-2 OF 76
& 77 UNION ADD, 10-25-361-003, $94,488.73, $488.73, $0.00, $488.73, $0.00, $0.00, $0.00,
$488.73
Powers, Joseph W & Carol A, LOT 1-2-88 & 1-2-89 BOTH IN UNION ADD, 10-25-381-008,
$107,308.06, $508.06, $0.00, $508.06, $0.00, $0.00, $0.00, $508.06
Dement, Ira W & Genevieve E, LOT 4-2 OF 76 & 77, N 8' LOT 5-2 OF 76 & 77 IN UNION ADD,
10-25-361-004, $75,404.18, $204.18, $0.00, $204.18, $0.00, $0.00, $0.00, $204.18
Redding, Bruce D & Sarah Jo, SE 70' OF LOTS 93 & 94 UNION ADD, 10-25-382-002,
$125,888.19, $388.19, $0.00, $388.19, $0.00, $0.00, $0.00, $388.19
Kircher, Michael James & Beth Ann A/K/A Michael J & Beth A, LOTS 2-2-88 & 2-2-89 IN UNION
ADD, 10-25-381-009, $127,836.95, $236.95, $0.00, $236.95, $0.00, $0.00, $0.00, $236.95
Long, Susan P, S 57' LOT 87 & S 57' LOT 86 UNION ADD, 10-25-380-010, $89,526.96, $326.96,
$0.00, $326.96, $0.00, $0.00, $0.00, $326.96
Kann, Thomas T, LOT 1 - S 42' - 5-2 - 76 & 77 UNION ADD, 10-25-361-005, $59,117.92, $17.92,
$0.00, $17.92, $0.00, $0.00, $0.00, $17.92
Jasper, Robert A & Martha A, LOT 1-1-2-1 OF SUB OF 2 OF LOT 105 AND 187 UNION ADD, 10-
25-454-010, $98,076.96, $576.96, $0.00, $576.96, $0.00, $0.00, $0.00, $576.96
Hord, James K., LOT 2-1-N 150'-1-105 UNION ADD, 10-25-454-005, $63,426.02, $226.02, $0.00,
$226.02, $0.00, $0.00, $0.00, $226.02
Oberbroeckling, Michelle L, S 50' LOT 92 UNION ADD, 10-25-381-007, $101,017.63, $117.63,
$0.00, $117.63, $0.00, $0.00, $0.00, $117.63
Kactro, Michael W & Florence M, LOT 2 O'BRIEN CLEVELAND AVE PLACE, 10-25-361-017,
$99,756.23, $556.23, $0.00, $556.23, $0.00, $0.00, $0.00, $556.23
Downing, Eugene Thomas A/K/A E Thomas & Stacey A, N 51.45' OF LOT 8 & LOT 7 & LOT 6 OF
SUB OF LOTS 95, 96, 97 & 98 IN UNION ADD, 10-25-382-014, $53,548.05, $1,048.05, $0.00,
$1,048.05, $0.00, $0.00, $0.00, $1,048.05
Jaeger, Monica L, LOT 2-1-2-1 OF SUB OF 2 OF LOT 105 & 187 UNION ADD, 10-25-454-011,
$77,436.37, $336.37, $0.00, $336.37, $0.00, $0.00, $0.00, $336.37
Schulte, Chad A, S 6.55'-8 SUB 95-96- 97-98 UNION ADD & LOT 9 SUB 95-96-97-98 UNION
ADD, 10-25-382-015, $51,192.13, $192.13, $0.00, $192.13, $0.00, $0.00, $0.00, $192.13
Boffeli, Timothy J & S Kim, S 75' LOT 99 UNION ADD & S 75' - W 5' - LOT 100 UNION ADD, 10-
25-383-003, $98,135.76, $235.76, $0.00, $235.76, $0.00, $0.00, $0.00, $235.76
Miller, Jane M, N 60' LOT 1-188 UNION ADD 252-252 1/2 UNION, 10-25-455-004, $61,454.03,
$254.03, $0.00, $254.03, $0.00, $0.00, $0.00, $254.03
Connolly, Marvin J & Betty, LOT 2-2 OF 105 & 187 UNION ADD, 10-25-454-012, $61,092.97,
$192.97, $0.00, $192.97, $0.00, $0.00, $0.00, $192.97
Freedom Properties II LLC, S 40' LOT 81 & S 40' LOT 82 IN UNION ADD, 10-25-361-018,
$20,172.75, $172.75, $0.00, $172.75, $0.00, $0.00, $0.00, $172.75
Lott, Julie A, LOT 2 OF 104 UNION ADD, 10-25-453-004, $85,169.70, $369.70, $0.00, $369.70,
$0.00, $0.00, $0.00, $369.70
14
Kann, Keith J & Wilhelm, Mary J, LOT 1 KANN ADDITION SUB, 10-25-456-012, $344,783.66,
$783.66, $0.00, $783.66, $0.00, $0.00, $0.00, $783.66
Davis, Mark G & Malena K, S 55' LOT 83 UNION ADD, 10-25-380-006, $101,533.60, $133.60,
$0.00, $133.60, $0.00, $0.00, $0.00, $133.60
Gwinn, Richard S. & Vogt, Francis J., S 50' LOT 1-105 UNION ADD, 10-25-454-006, $70,228.82,
$228.82, $0.00, $228.82, $0.00, $0.00, $0.00, $228.82
Haas, Clair L & Mary C, W 40' LOT 38 UNION ADD & E 10' LOT 39 UNION ADD, 10-25-404-013,
$124,411.40, $1,610.44, $0.00, $1,610.44, $1,242.29, $1,258.67, $0.00, $4,111.40
Wall, James J & Kay M, W 25' - N 85' - LOT 2 HARPERS SUB, 10-25-456-003, $93,503.20,
$653.49, $0.00, $653.49, $2,191.04, $1,258.67, $0.00, $4,103.20
Burdt, Jeffrey J & Victoria L, W 50' LOT 39 UNION ADD, 10-25-404-012, $94,611.40, $1,610.44,
$0.00, $1,610.44, $1,242.29, $1,258.67, $0.00, $4,111.40
Rampson Jr, R Dean & Jeanette, LOT 2 KANN ADDITION, 10-25-456-011, $131,911.28,
$2,661.57, $0.00, $2,661.57, $2,191.04, $1,258.67, $0.00, $6,111.28
Wachter, Richard W & Janaan E, LOT 2-40 UNION ADD, 10-25-404-011, $98,727.05, $1,568.38,
$0.00, $1,568.38, $0.00, $1,258.67, $0.00, $2,827.05
May, Patricia Ann, LOT 41 UNION ADD, 10-25-404-009, $79,142.52, $1,483.85, $0.00, $1,483.85,
$0.00, $1,258.67, $0.00, $2,742.52
Schmitt, David C & Susan Cs, LOT 112 UNION ADD W 20' LOT 113 UNION ADD, 10-25-456-001,
$149,441.57, $2,391.86, $0.00, $2,391.86, $2,191.04, $1,258.67, $0.00, $5,841.57
Welu, Edmund J Jr & Lori L, LOT 42 UNION ADD 715-717 CLEVELAND AVE, 10-25-404-008,
$180,612.51, $1,483.85, $0.00, $1,483.85, $1,469.99, $1,258.67, $0.00, $4,212.51
Heim, Leo G & Bridget C, E 10' - N 190'2" - LOT 110 UNION ADD N 190'2" LOT 111 UNION ADD,
10-25-455-009, $210,592.03, $2,033.36, $0.00, $2,033.36, $0.00, $1,258.67, $0.00, $3,292.03
Healy, Joseph M & Julia A, W 50' - N 190.2' - LOT 110 UNION ADD, 10-25-455-008, $143,644.18,
$1,694.47, $0.00, $1,694.47, $2,191.04, $1,258.67, $0.00, $5,144.18
Smith, Liz & Terry C/O Tco Business Inc, LOT 43 UNION ADD, 10-25-404-007, $108,284.82,
$1,483.85, $0.00, $1,483.85, $1,242.29, $1,258.68, $0.00, $3,984.82
Hickson, Ryan P, E 1/2 LOT 44 UNION ADD, 10-25-404-006, $72,342.89, $741.92, $0.00,
$741.92, $1,242.29, $1,258.68, $0.00, $3,242.89
Koenig, Daniel Joseph & Sherri Marie, W 1/2 LOT 44 UNION ADD, 10-25-404-005, $112,142.89,
$741.92, $0.00, $741.92, $1,242.29, $1,258.68, $0.00, $3,242.89
Oglesby, Larry J & Manthe, Amanda B, N 190' LOT 109 UNION ADD, 10-25-455-007,
$101,892.04, $2,033.36, $0.00, $2,033.36, $0.00, $1,258.68, $0.00, $3,292.04
Stoll, Brian M, LOT 45 UNION ADD, 10-25-404-004, $122,742.53, $1,483.85, $0.00, $1,483.85,
$0.00, $1,258.68, $0.00, $2,742.53
Theobald, Roger C, N 190.2' LOT 108 UNION ADD, 10-25-455-006, $109,792.04, $2,033.36,
$0.00, $2,033.36, $0.00, $1,258.68, $0.00, $3,292.04
Heim, Sally A, LOT 46 UNION ADD, 10-25-404-003, $102,984.82, $1,483.85, $0.00, $1,483.85,
$1,242.29, $1,258.68, $0.00, $3,984.82
Mccarty, Eric A, N 190' LOT 107 UNION ADD, 10-25-455-005, $104,283.08, $2,033.36, $0.00,
$2,033.36, $2,191.04, $1,258.68, $0.00, $5,483.08
Ahlers, Jeffery L & Lehman, Tonya K, E 50' LOT 47 UNION ADD, 10-25-404-002, $94,495.22,
$1,236.54, $0.00, $1,236.54, $0.00, $1,258.68, $0.00, $2,495.22
Kad Llp, E 1/2 LOT 106 UNION ADD 784-786 CLEVELAND AVE, 10-25-455-002, $117,279.54,
$1,229.82, $0.00, $1,229.82, $2,191.04, $1,258.68, $0.00, $4,679.54
Freiburger, Paul J & Ann L, W 10' LOT 47 UNION ADD & LOT 48 UNION ADD, 10-25-404-001,
$113,066.05, $1,465.08, $0.00, $1,465.08, $1,242.29, $1,258.68, $0.00, $3,966.05
15
Kad Llp, W 1/2 LOT 106 UNION ADD, 10-25-455-001, $91,111.76, $1,162.04, $0.00, $1,162.04,
$2,191.04, $1,258.68, $0.00, $4,611.76
Blum, Mark Eugene & Kietra K, LOT 2-2-1-2 OF 105 & 187 UNION ADD, 10-25-454-004,
$98,729.65, $1,479.93, $0.00, $1,479.93, $2,191.04, $1,258.68, $0.00, $4,929.65
Mc Carthy, Dennis L & Suzanne M, LOT 1-49 UNION ADD, 10-25-452-005, $104,434.13,
$1,433.16, $0.00, $1,433.16, $1,242.29, $1,258.68, $0.00, $3,934.13
Mc Connell, James P, LOT 1-1-2 OF 105 & 187 UNION ADD, 10-25-454-003, $98,277.26,
$1,527.54, $0.00, $1,527.54, $2,191.04, $1,258.68, $0.00, $4,977.26
Thibadeau, Doreen, LOT 2-49 UNION ADD, 10-25-452-004, $125,563.82, $1,505.14, $0.00,
$1,505.14, $0.00, $1,258.68, $0.00, $2,763.82
Wagner, Leslie H & Dianne D, LOT 1-1-N 150'-1-LOT 105 UNION ADD, 10-25-454-002,
$117,830.97, $2,081.25, $0.00, $2,081.25, $2,191.04, $1,258.68, $0.00, $5,530.97
Dieters, Gary A & Diann M, E 50' LOT 50 UNION ADD, 10-25-452-003, $111,472.24, $1,313.56,
$0.00, $1,313.56, $0.00, $1,258.68, $0.00, $2,572.24
Decker, Kathleen M & Thomas L, LOT 2-N 150'-1-105 UNION ADD, 10-25-454-001, $96,460.19,
$1,401.51, $0.00, $1,401.51, $0.00, $1,258.68, $0.00, $2,660.19
Ridpath, Richard S & Jill M, LOTS 50A & W 56' LOT 50 UNION ADD, 10-25-452-006,
$103,299.59, $2,176.31, $0.00, $2,176.31, $1,242.29, $1,258.68, $222.31, $4,899.59
Fortmann, Elaine K, LOTS 51 & 51A UNION ADD, 10-25-451-002, $102,698.51, $2,275.24, $0.00,
$2,275.24, $1,242.29, $1,258.68, $222.30, $4,998.51
O'shea, Diane M, LOT 1-104 UNION ADD, 10-25-453-003, $99,768.13, $1,680.46, $0.00,
$1,680.46, $2,228.99, $1,258.68, $0.00, $5,168.13
Lattner, Dewane E & Joan J, LOT 103 UNION ADD 854-856 CLEVELAND AVE, 10-25-453-002,
$105,999.89, $2,050.17, $0.00, $2,050.17, $2,191.04, $1,258.68, $0.00, $5,499.89
Stierman, Kurt J & Rena A, LOT 52 UNION ADD, 10-25-379-006, $121,884.82, $1,483.85, $0.00,
$1,483.85, $1,242.29, $1,258.68, $0.00, $3,984.82
Oleson, James O & Deborah A, LOT 53 UNION ADD, 10-25-379-005, $100,784.82, $1,483.85,
$0.00, $1,483.85, $1,242.29, $1,258.68, $0.00, $3,984.82
Boettner, Todd L, LOT 102 UNION ADD 868-870 CLEVELAND AVE, 10-25-453-001, $153,908.85,
$2,050.17, $0.00, $2,050.17, $0.00, $1,258.68, $0.00, $3,308.85
Wolfe, Lee Roy H & Mary C, E 36' LOT 101 UNION ADD, 10-25-383-006, $105,388.78, $1,230.10,
$0.00, $1,230.10, $0.00, $1,258.68, $0.00, $2,488.78
Lattner, Dewane E & Joan J, LOT 1-54 UNION ADD, 10-25-379-004, $53,042.53, $1,483.85,
$0.00, $1,483.85, $0.00, $1,258.68, $0.00, $2,742.53
Schroeder, Andrew J & Kara L, W 24' LOT 101 UNION ADD, 10-25-383-005, $99,678.75, $820.07,
$0.00, $820.07, $0.00, $1,258.68, $0.00, $2,078.75
Boleyn, Danny J & Carolyn A, E 55' LOT 100 UNION ADD, 10-25-383-004, $116,829.04,
$1,879.32, $0.00, $1,879.32, $2,191.04, $1,258.68, $0.00, $5,329.04
Genz, Donald J & Janet A, LOT 1 LATHAM PLACE, 10-25-383-002, $85,261.03, $1,411.31, $0.00,
$1,411.31, $2,191.04, $1,258.68, $0.00, $4,861.03
Bechen, Vicki M, LOT 2 LATHAM PLACE, 10-25-383-001, $31,542.64, $583.96, $0.00, $583.96,
$0.00, $1,258.68, $0.00, $1,842.64
Steinmann, Robert C & Colleen F, LOT 56 UNION ADD, 10-25-379-001, $100,642.53, $1,483.85,
$0.00, $1,483.85, $0.00, $1,258.68, $0.00, $2,742.53
Boardman, Arthur M, LOT 13 BUSHS SUB LOT 2-1-1-1-3 OF MIN LOT 63, 10-25-357-014,
$87,299.18, $99.18, $0.00, $99.18, $0.00, $0.00, $0.00, $99.18
Routley, Jonathan Jaye, LOT 1 & E 5' LOT 2 OF SUB 95-96-97-98 UNION ADD, 10-25-382-006,
$125,899.11, $1,540.43, $0.00, $1,540.43, $0.00, $1,258.68, $0.00, $2,799.11
16
Hubanks, David M & Karol S, LOT 57 UNION ADD, 10-25-378-008, $88,883.02, $2,182.05, $0.00,
$2,182.05, $1,242.29, $1,258.68, $0.00, $4,683.02
Hammel, William K II, W 45' 2-95-96-97-98 UNION ADD, 10-25-382-005, $95,510.07, $1,260.35,
$0.00, $1,260.35, $2,191.04, $1,258.68, $0.00, $4,710.07
Judge Properties LLC, LOT 58 UNION ADD 931-933 CLEVELAND AVE, 10-25-378-007,
$113,984.82, $1,483.85, $0.00, $1,483.85, $1,242.29, $1,258.68, $0.00, $3,984.82
Evarts, Terry J & Sherry R, LOTS 3 & 4 SUB OF 95-96-97-98 UNION ADD, 10-25-382-004,
$94,188.44, $2,800.77, $0.00, $2,800.77, $2,228.99, $1,258.68, $0.00, $6,288.44
Paar, John V & Patricia J, LOT 59 UNION ADD, 10-25-378-006, $104,642.53, $1,483.85, $0.00,
$1,483.85, $0.00, $1,258.68, $0.00, $2,742.53
Niedert, Bradley J & Denise A, LOT 60 UNION ADD, 10-25-378-005, $83,984.82, $1,483.85,
$0.00, $1,483.85, $1,242.29, $1,258.68, $0.00, $3,984.82
Houp, Danita M, LOT 5 SUB 95-96-97-98 UNION ADD, 10-25-382-003, $99,818.18, $1,368.46,
$0.00, $1,368.46, $2,191.04, $1,258.68, $0.00, $4,818.18
Boyes, Nathan B & Jennifer M, S 90' OF LOT 61 UNION ADD 977-979 CLEVELAND AVE, 10-25-
378-004, $106,384.82, $1,483.85, $0.00, $1,483.85, $1,242.29, $1,258.68, $0.00, $3,984.82
Miller, Uriah L, E 1/2 LOT 62 UNION ADD, 10-25-378-002, $74,270.59, $741.92, $0.00, $741.92,
$1,469.99, $1,258.68, $0.00, $3,470.59
Von Ah, Albert M & Anna C, LOT 12 BUSHS SUB, 10-25-357-015, $70,723.67, $123.67, $0.00,
$123.67, $0.00, $0.00, $0.00, $123.67
Kisting, Mark H & Kathleen A, NW 130' OF LOTS 93 & 94 UNION ADD, 10-25-382-001,
$138,263.55, $3,713.83, $0.00, $3,713.83, $2,191.04, $1,258.68, $0.00, $7,163.55
Ansel, Kevin L & Mary Kris, W 1/2 LOT 62 UNION ADD, 10-25-378-001, $119,442.89, $741.92,
$0.00, $741.92, $1,242.29, $1,258.68, $0.00, $3,242.89
Crow, David L & Nancy J, LOT 2 BRYANT PLACE, 10-25-357-028, $12,474.44, $1,415.76, $0.00,
$1,415.76, $0.00, $1,258.68, $0.00, $2,674.44
Steinmann, Robert C & Colleen F, LOT 55 UNION ADD, 10-25-379-002, $17,342.53, $1,483.85,
$0.00, $1,483.85, $0.00, $1,258.68, $0.00, $2,742.53
Kad LLP, LOT 2-188 UNION ADD, 10-25-455-003, $19,759.05, $459.05, $0.00, $459.05, $0.00,
$0.00, $0.00, $459.05
City of Dubuque, S 2/3 OF CITY LOT 695 LOTS 35,36,37 & E 20' OF LOT 38 UNION ADD, 10-25-
403-042, $41,032.60, $6,717.49, $0.00, $6,717.49, $3,365.11, $0.00, $0.00, $10,082.60
TOTALS:
Total Public Improvement Cost: $173,774.66
Water Service Private Lateral Cost: $111,865.47
Sanitary Sewer Private Lateral Cost: $118,315.45
Concrete Sidewalk Cost: $444.61
Total Net Assessment: $404,400.19
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Passed, approved and adopted this 17 day of March, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Request to Rezone – Intersection of University Avenue and Asbury Road: Proof of publication on
notice of hearing to consider a request from Rainbo Oil Company to rezone property north of the
intersection of University Avenue and Asbury Road from R-1 Single-Family Residential District to C-2
Neighborhood Shopping Center District, with conditions, 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
17
meetings prior to the meeting at which it is to be passed be suspended. Seconded by Jones. Motion
carried 6-1 with Resnick voting nay.
Ron Richard, Tricon Construction, spoke in support of the rezoning. Jill Reimer, Rainbo Oil, stated
that they had held meetings with the neighbors and the biggest issue was beautification. Resnick
questioned the stormwater issue of six years ago and thought there should be more screening for the
neighbors. Voetberg expressed concern over the drainage issue. Planning Services Manager Laura
Carstens provided a staff report saying that the drainage issues would be addressed through the site
plan approval process. Van Milligen asked that thought be given to police not having access if the
back drive was blocked.
Motion by Braig to eliminate the condition that the back access drive area be blocked to vehicular
traffic after close of business and that signage be installed in lieu of fencing. Seconded by Jones.
Motion carried 7-0.
Motion by Connors for final consideration and passage of Ordinance No. 22-08 Amending
Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances, by reclassifying
hereinafter described property located north of the intersection of University Avenue and Asbury
Road from R-1 Single-Family Residential District to C-2 Neighborhood Shopping Center District, with
conditions. Seconded by Braig. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 22-08
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES, BY RECLASSIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED NORTH OF THE INTERSECTION OF UNIVERSITY AVENUE AND
ASBURY ROAD FROM R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT TO C-2 NEIGHBORHOOD
SHOPPING CENTER DISTRICT, WITH CONDITIONS.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is
hereby amended by reclassifying the hereinafter described property from R-1 Single-Family
Residential District to C-2 Neighborhood Shopping Center District, with conditions to wit: Lot 1 of
Mineral Lot 170, and to the center line of the adjoining public right-of-way, all in the City of Dubuque,
Iowa.
Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory
Commission of the City of Dubuque, Iowa.
Section 3. This ordinance shall take effect immediately upon publication, as provided by law.
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Passed, approved and adopted this 17 day of March, 2008.
/s/Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
MEMORANDUM OF AGREEMENT
Pursuant to the Iowa Code Section 414.5 (2005), and as an express condition of rezoning of the
property described as: Lot 1 of Mineral Lot 170, 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. 22-08 , 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) Performance Standards
1) The back access drive area shall be signed as no parking.
18
2) That screening be provided at the rear of the building sufficient to screen vehicles using
the drive through and access drive from the adjacent residential properties.
B) Reclassification of the Subject Property. The City of Dubuque, Iowa may initiate zoning
reclassification proceedings to the R-1 Single-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.
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 (30)
days of the adoption of Ordinance No. 22-08.
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. 22-08
I, Jill Reimer representing Rainbo Oil Company, having read the terms and conditions of the
foregoing Ordinance No. 22- 08 and being familiar with the conditions thereof, hereby accept this
same and agree to the conditions required therein.
th
Dated in Dubuque, Iowa this 19 day of March, 2008.
/s/Jill Reimer, Rainbo Oil Company
th
Published officially in the Telegraph Herald Newspaper the 26 day of March, 2008.
/s/Jeanne F. Schneider, CMC, City Clerk
Request to Rezone – 216 Clarke Drive: Proof of publication on notice to hearing to consider a
request from Charles Walter, Jr. and Barbara Zoellner to rezone property located at 216 Clarke Drive
from R-2 Two-Family Residential District to R-3 Moderate Density Multi-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 Voetberg. Motion carried 7-0.
Motion by Connors for final consideration and passage of Ordinance No. 23-08 Amending
Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances, by reclassifying
hereinafter described property located at 216 Clarke Drive from R-2 Two-Family Residential District to
R-3 Moderate Density Multi-Family Residential District. Seconded by Braig. Doris Hingtgen, 309 Hill
Street, spoke as a representative for the buyers. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 23-08
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES, BY RECLASSIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED AT 216 CLARKE DRIVE FROM R-2 TWO-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:
19
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 R-3 Moderate Density Multi-Family Residential District, to wit: Lot 22, Lot 23 and North 46'
of Lot 25 LH Langworthy's Subdivision, and to the center line of the adjoining public right-of-way, all
in the City of Dubuque, Iowa.
Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory
Commission of the City of Dubuque, Iowa.
Section 3. This ordinance shall take effect immediately upon publication, as provided by law.
th
Passed, approved and adopted this 17 day of March, 2008.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
th
Published officially in the Telegraph Herald Newspaper the 26 day of March, 2008.
/s/Jeanne F. Schneider, CMC, City Clerk
Text Amendment – Adult Entertainment Establishments: Proof of publication on notice of hearing to
consider a request from the City of Dubuque to increase the separation requirement for adult
entertainment establishments. Planning Services Manager providing follow-up information on the City
of Dubuque’s proposed Zoning Ordinance text amendment.
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 Connors for final consideration and passage of Ordinance No. 24-08 Amending
Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by amending Section
4-8.1 General Statement of Intent to Reference the Secondary Negative Impacts Generated by a
Concentration of Adult Entertainment Establishments, and by Amending Section 4-8.3(2) Governing
the Location and Spatial Separation of Adult Entertainment Establishments to Provide for a 2,500
Foot Separation between Adult Entertainment Uses. Seconded by Braig. Motion carried 7-0.
OFFIICAL PUBLICATION
ORDINANCE NO. 24-08
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY AMENDING SECTION 4-8.1 GENERAL STATEMENT OF
INTENT TO REFERENCE THE SECONDARY NEGATIVE IMPACTS GENERATED BY A
CONCENTRATION OF ADULT ENTERTAINMENT ESTABLISHMENTS, AND BY AMENDING
SECTION 4-8.3(2) GOVERNING THE LOCATION AND SPATIAL SEPARATION OF ADULT
ENTERTAINMENT ESTABLISHMENTS TO PROVIDE FOR A 2,500 FOOT SEPARATION
BETWEEN ADULT ENTERTAINMENT USES.
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 adding language to Section 4-8.1 General Statement of Intent, referencing the
secondary negative impacts generated by a concentration of adult entertainment establishments:
(1) These are further intended to require that adult entertainment establishments shall not be
permitted to locate in such concentration that their operational features may establish the dominant
character of any commercial or industrial area and that may generate secondary negative impacts in
the community that include increased crime rates and decreased property values.
Section 2. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances is
hereby amended by amending Section 4-8.3(2) governing the location and spatial separation of adult
20
entertainment establishments and establishing a 2,500 foot separation between adult entertainment
establishments:
(2) No adult entertainment use shall be allowed within two-thousand five-hundred feet (2,500’)
of any other adult entertainment use.
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.
th
Passed, approved and adopted this 17 day of March, 2008.
/s/Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
st
Published officially in the Telegraph Herald Newspaper the 21 day of March, 2008.
/s/Jeanne F. Schneider, CMC, City Clerk
Dubuque Industrial Center West Urban Renewal Plan: Proof of publication on notice of hearing to
consider the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center
Economic Development District to expand the district to include the North Siegert Farm and the rail
site and City Manager recommending approval. Motion by Jones to receive and file the documents
and adopt Resolution No. 101-08 Approving the Amended and Restated Urban Renewal Plan for the
Dubuque Industrial Center Economic Development District. Seconded by Connors. Motion carried 7-
0.
RESOLUTION NO. 101-08
A RESOLUTION APPROVING THE AMENDED AND RESTATED URBAN RENEWAL PLAN FOR
THE DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT.
Whereas, on February 4, 2008 the City Council of the City of Dubuque, Iowa set a public hearing
to approve an Amended and Restated Urban Renewal Plan (the "Plan") for the Dubuque Industrial
Center Economic Development District (the "District"); and
Whereas, the City of Dubuque's primary objective in amending this Plan is to add a Subarea C,
commonly known as the North Siegert Farm and houses on Pennsylvania Avenue; and
Whereas, the Long Range Planning Commission has reviewed the proposed Plan and has found
that said document is consistent with the Comprehensive Plan for the development of the City of
Dubuque as a whole and has transmitted its findings to the City Council; and
Whereas, a consultation process has been undertaken with affected taxing entities in accordance
with Chapter 403 of the Code of Iowa with no written objections or recommended changes to the Plan
received; and
Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has held a public
hearing on the proposed amended and restated Plan after public notice thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center
Economic Development District, attached hereto and made reference to herein and the addition of
Subarea C, be approved.
Section 2. That the City Clerk of the City of Dubuque, Iowa is hereby authorized and directed to file
a certified copy of the Resolution in the office of the Dubuque County Recorder.
th
Passed, approved and adopted this 17 day of March, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Upon motion the rules were reinstated limiting discussion to the City Council.
21
ACTION ITEMS
409 Burch Street – Eminent Domain Proceedings: City Attorney recommending that the resolution
authorizing the commencement of eminent domain proceedings to acquire the property at 409 Burch
Street be placed on the agenda for the April 7, 2008 City Council meeting and that the enclosed
Notice of Intent to Approve Acquisition of Property by Eminent Domain be sent to the property owner.
Motion by Jones to receive and file the documents and approve. Seconded by Connors. Motion
carried 7-0.
Licensing of Adult Entertainment: City Manager recommending approval of an ordinance regulating
and licensing adult entertainment establishments, and their performers and employees. 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 Braig. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 25-08 Amending Chapter
31, Licenses and Miscellaneous Business Regulations, of the City of Dubuque Code of Ordinances
by adding a new Article X, containing Sections 31.140 through 31.158, Regulating and Requiring
Licensure of Adult Entertainment Establishments and Prohibiting Certain Activity. Seconded by Braig.
Assistant City Attorney Tim O’Brien stated that the current establishment is allowed carry-in alcohol
and they would have 60 days from passage of the ordinance to obtain the required license. Motion
carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 25-08
AMENDING CHAPTER 31, LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS, OF
THE CITY OF DUBUQUE CODE OF ORDINANCES BY ADDING A NEW ARTICLE X,
CONTAINING SECTIONS 31.140 THROUGH 31.158, REGULATING AND REQUIRING
LICENSURE OF ADULT ENTERTAINMENT ESTABLISHMENTS AND PROHIBITING CERTAIN
ACTIVITY
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. Chapter 31 of the Dubuque Code of Ordinances is hereby amended by adding the
following new Article X:
CHAPTER 31
ARTICLE X
31.140 Purpose and Authority.
It is the purpose of this chapter to regulate sexually oriented businesses to promote the health,
safety and general welfare of the citizens of the City of Dubuque, and to establish reasonable and
uniform regulations to prevent the adverse secondary effects of sexually oriented businesses. It is not
the purpose of this chapter to impose a limitation or restriction on the content of any form of
expression or communication. Similarly, it is not the intent of this chapter to restrict or deny access by
adults to sexually oriented materials protected by the First Amendment.
Based on evidence concerning the adverse secondary effects of adult uses on the community as
presented to the city council at meetings and in reports and in studies conducted in other
communities the city council finds:
Sexually oriented businesses lend themselves to ancillary unlawful and/or unhealthy activities that
are not controlled by the operators of such establishments, particularly those which provide private or
semi-private booths, including sexual acts, masturbation, oral and anal sex;
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Crime rates in the immediate vicinity of Adult Entertainment Establishments are generally higher
that those for other non-adult related businesses. These include, but are not limited to, property
crimes (burglary, larceny and auto theft), violent crimes (rape, murder, robbery and assault), and sex
crimes (rape, indecent exposure, lewd and lascivious behavior, and child molestation). One study
indicated that the number of property crimes was 43 percent greater in neighborhoods where sexually
oriented businesses were located, and the number of violent crimes was 4 percent higher in those
areas. Another study concluded that assaults, forgery, fraud, counterfeiting, embezzlement, stolen
property, prostitution, narcotics, liquor laws and gambling crimes increased 42 percent more in areas
located in close proximity to Adult Entertainment Establishments than within the city as a whole;
Offering and providing such space encourages such activity which creates unhealthy, unsanitary
conditions;
Persons frequent certain sexually oriented businesses for the purpose of engaging in sex within
the premises of such business;
Communicable diseases may be spread by activities occurring in some sexually oriented
businesses, including, but not limited to, syphilis, gonorrhea, chlamydia, human immunodeficiency
virus infection, genital herpes, hepatitis, amebiasis, salmonella infections and shigella infections;
Sanitary conditions in some sexually oriented businesses are unhealthy, in part, because the
activities conducted there are unhealthy, and, in part, because of the unregulated nature of the
activities and the failure of the owners or operators to self-regulate those activities and maintain the
facilities in a sanitary condition;
Numerous studies have determined that semen is found in areas of sexually oriented businesses
where persons view adult entertainment;
A study concluded that concentrations of Adult Entertainment Establishments have a significant
relationship with lower property values. Homes in the study areas appreciated at only half the rate of
homes in the control areas, and one-third the rate of the city. Appraisers noted that one sexually
oriented business within one block of residences and businesses decreased their value and that the
immediate depreciation exceeded 10 percent. Appraisers also noted that value depreciation on
residential areas near sexually oriented businesses is greater than on commercial locations. They
concluded that the best professional judgment available indicates overwhelmingly that adult
entertainment businesses – even a relatively passive use such as an adult bookstore – have a
serious negative effect on their immediate environs;
Sexually oriented businesses have operational characteristics which should be reasonably
regulated in order to protect the surrounding neighborhoods and community;
A reasonable licensing procedure is an appropriate mechanism to place the burden of that
reasonable regulation on the owners and/or operators of sexually oriented businesses; further, such
licensing will place a heretofore nonexistent incentive on the owners and/or operators to see that
sexually oriented businesses are run in a manner consistent with the health, safety and welfare of its
patrons and employees, as well as the citizens of the City of Dubuque;
Requiring licensing of sexually oriented businesses and compliance with the reasonable
regulations imposed by a licensing scheme will help reduce the incidence of certain types of criminal
behavior, will aid in the prevention of the spread of sexually transmitted diseases and reduce the
impact of adverse secondary effects on the neighborhoods surrounding sexually oriented businesses;
31.141 Definitions.
For the purposes of this chapter, the following terms, phrases and words shall have the meanings
set forth herein.
A. "Adult booth" shall mean any area of an Adult Entertainment Establishment that is set off from
the remainder of such establishment by one or more walls, partitions or other dividers and which is
used to show, exhibit, play, display or otherwise demonstrate any adult materials or to view any live
performance that is distinguished or characterized by an emphasis on the exposure, depiction or
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description of any specified anatomical areas or the performance or simulation of any specified
sexual activities.
B. "Adult Entertainment Establishment Business License" shall mean a license issued to an Adult
Entertainment Establishment pursuant to the provisions of this chapter.
C. “Adult Entertainment Establishment” shall mean an establishment having as a substantial or
significant portion of its business the offering of entertainment, adult material stock in trade of
materials, scenes or other presentations characterized by emphasis on depiction or description of
“specified sexual activities” or “specified anatomical areas” as herein defined or an establishment
providing parking to Adult Entertainment Establishment Patrons of an Adult Entertainment
Establishment.
D. "Adult Entertainment Establishment Employee" shall mean any individual, including the
manager(s), security, bartenders, waitresses, and all other persons working at the establishment
when it is open to patrons; but does not include any Adult Entertainment Establishment Performer or
persons whose presence at the licensed establishment occurs only when the establishment is not
open to Adult Entertainment Establishment Patrons. This definition shall not include persons
delivering merchandise, food and beverages for sale or rent by the Adult Entertainment
Establishment, or persons whose sole function is to perform cleaning, maintenance or repairs to the
licensed premises, its fixtures or equipment.
E. "Adult Entertainment Establishment Patron" shall mean any individual, other than an Adult
Entertainment Establishment Employee or Adult Entertainment Establishment Performer, present in
or at any Adult Entertainment Establishment open for business; or any individual who solicits the
services of or provides any form of consideration to an Adult Entertainment Establishment Employee
or Performer regardless of location in relation to an Adult Entertainment Establishment premises. This
definition shall not include persons delivering merchandise, food and beverages for sale or rent by the
Adult Entertainment Establishment , or persons performing maintenance or repairs to the Adult
Entertainment Establishment, its fixtures or equipment.
F. "Adult Entertainment Establishment Performer" shall mean any individual who performs for,
dances for, models for or similarly entertains an Adult Entertainment Establishment Patron, including
but not limited to escorts, performers, entertainers, dancers, models, companions and similar
persons, whether independently contracted with or indirectly or directly employed by an Adult
Entertainment Establishment. Adult Entertainment Establishment Performer shall include any person
who displays specified anatomical areas or performs or simulates specified sexual activity while on
the premises of an Adult Entertainment Establishment and any person engaging in fighting, boxing or
similar combat, with or without compensation while on the premises of an Adult Entertainment
Establishment.
G. "Adult Material" shall mean any of the following, whether new or used:
1. Books, magazines, periodicals, or other printed matter or digitally stored materials,
films, motion pictures, video cassettes, audio cassettes, slides, computer displays or other
visual or audio representations or recordings of any kind, DVD, CD rom, or similar item that is
distinguished or characterized by an emphasis on the exposure, depiction, description,
imagery or visual representation of any specified anatomical area or the performance or
simulation of any specified sexual activity.
2. Instruments, novelties, devices or paraphernalia that are designed for use in connection
with specified sexual activities or that depict, describe or portray specified anatomical areas;
except that this definition shall not include those items used for birth control or for the
prevention of sexually transmitted diseases.
H. "Establishment" means any place where parking, admission, services, performances, or
products are provided for or upon payment of any form of consideration.
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I. "Licensee" shall mean any person or business entity that has been issued an Adult
Entertainment Establishment Business License pursuant to the provisions of this chapter.
J. "Specified Anatomical Area" shall mean any of the following:
1. Less than completely and opaquely covered human genitals; pubic region; buttocks;
anus; or female breast below a point immediately above the top of the areola but not including
any portion of the cleavage exhibited by a dress, blouse, shirt, leotard, bathing suit or other
wearing apparel provided the areola is not exposed;
2. Human male genitals in a discernibly turgid state, even if completely and opaquely
covered or any device or covering that when worn, simulates human male genitals in a
discernibly turgid state.
K. "Specified Criminal Act" shall mean any unlawful lewd, indecent or immoral conduct, including
but not limited to, any of the acts specified in any of the following statutes or ordinances:
1. Chapter 708of the Code of Iowa, assault;
2. Chapter 709 of the Code of Iowa, sexual abuse;
3. Subsection 709A.1(2)(a) of the Code of Iowa, contributing to juvenile delinquency;
4. Section 710.1, Section 710.5, Section 710.8 and Section 710.10 of the Code of Iowa,
kidnapping, child stealing, harboring a runaway child, enticing a child;
5. Section 724.26 and Section 724.30 of the Code of Iowa, firearms;
6. Section 725.1, Section 725.2, Section 725.3 and Section 725.4 of the Code of Iowa,
prostitution, pimping, pandering and leasing a premises for prostitution;
7. Section 726.1 of the Code of Iowa, bigamy;
8. Section 726.2 of the Code of Iowa, incest;
9. Section 726.6 of the Code of Iowa, child endangerment;
10. Chapter 728 of the Code of Iowa, obscenity;
11. Subsection 124.401(1)(a), (b), and (c) of the Code of Iowa, controlled substances;
L. "Specified sexual activity" shall mean any of the following:
1. The fondling or touching of one person's human genitals, pubic region, buttocks, anus
or female breasts by another person;
2. Sex acts, normal or perverted, actual or simulated, including without limitation,
cunnilingus, fellatio, anilingus, bestiality, intercourse, oral copulation or sodomy;
3. Masturbation, actual or simulated;
4. Excretory or urinary functions as part of or in connection with any of the activities set
forth in paragraphs 1, 2, or 3 of this definition.
M. "Straddle Dance" shall mean the use by an Adult Entertainment Establishment Employee or
Performer or his or her body to touch the genitals, pubic region, buttocks, anus or female breast of
any Adult Entertainment Establishment Patron, or the touching of genitals, pubic region, buttocks,
anus or female breast of any person by an Adult Entertainment Establishment Patron. Touching
constitutes a straddle dance regardless of whether the physical contact occurs while one person is
displaying or exposing a specified anatomical area or whether the physical contact is direct or through
a medium such as clothing or money. The terms lap dance, table dance, and face dance shall be
included in the definition of straddle dance.
N. "Substantial or Significant Portion of its Business" shall mean that ten percent or more of the
establishment's income is derived from providing parking to Adult Entertainment Establishment
Patrons, the sale, rental, exchange or viewing of any adult material; or ten percent or more of the
establishment's stock in trade or floor space is utilized for the display of any adult material; or that one
or more persons appearing, performing or working in a state of nudity constitutes a fundamental or
essential part of or attraction of the business. Regardless of the foregoing, any establishment that
advertises or holds itself out as "XXX", "adult", or "sex" in conjunction with adult material and/or nude
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appearances or performances is deemed to meet the substantial or significant portion of its business
standard.
31.142 Adult Entertainment Establishment Business License Required.
A. An Adult Entertainment Establishment Business License shall be required to establish, operate
or maintain an Adult Entertainment Establishment within the City of Dubuque. Except as provided in
subsection 31.142(B), it shall be unlawful for any person or entity not having a current and valid Adult
Entertainment Establishment Business License to establish, operate or maintain an Adult
Entertainment Establishment within the City of Dubuque.
B. An Adult Entertainment Establishment existing or operating on or prior to the effective date of
this chapter may continue to exist and operate, provided, however, that the existing establishment
shall secure an Adult Entertainment Establishment Business License not less than sixty days after the
effective date of this chapter.
C. An Adult Entertainment Establishment Business License may be renewed only by making
application as required for an initial license pursuant to Section 31.143. An application for renewal
shall be made at least thirty days before the expiration of the then-current licensed term. The
expiration of a license shall not be affected or extended by a renewal application that is made less
than thirty days before the expiration of the then-current licensed term.
31.143 Application.
A. An application for an Adult Entertainment Establishment Business License, or the renewal
thereof, shall be made in writing to the city clerk on a form prescribed by said city clerk and shall be
signed (1) by the applicant, if the applicant is an individual; (2) by at least one of the persons entitled
to share in the profits of the organization and having unlimited personal liability for the obligations of
the organization, and the right to bind all other such persons, if the applicant is a partnership, joint
venture, or any other type of organization where two or more persons share in the organization's
profits and liabilities; (3) by a duly authorized agent, if the applicant is a corporation; or (4) by the
trustee, if the applicant is a land trust. The application shall be verified by oath or affidavit as to the
veracity of all statements made on or in connection with the application and any attachments thereto.
Each application shall specifically identify the applicant and the premises for which the Adult
Entertainment Establishment Business License is sought.
B. Every application for an Adult Entertainment Establishment Business License, or for the
renewal of an existing Adult Entertainment Establishment Business License shall be accompanied by
a license fee in an amount established the city manager. Additionally, an administrative processing
fee must be remitted for each individual disclosed in the application pursuant to Section 31.143C,1;
C,2 and C,11, in an amount established by the city manager. License fees and administrative
processing fees are nonrefundable.
C. Each application shall include the following information and documents:
1. Applicant
(a) Individuals. The applicant's legal name, all of the applicant's aliases, the
applicant's residence and business addresses, the applicant's social security number,
and driver's license number, written proof of the applicant's age, the place of birth and
citizenship of the applicant and, if a naturalized citizen, the time and place of the
applicant's naturalization.
(b) Corporations. The applicant corporation's complete name and official business
address; the legal name, all aliases, and the ages, residence and business addresses,
social security number and driver's license number of all directors, officers and
managers of the corporation, and of every person or entity owning or controlling more
than fifty percent of the voting shares of the corporation; the corporation's date and
place of incorporation and the objects for which it was formed; proof that the corporation
is a corporation in good standing and authorized to conduct business in the state of
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Iowa; and the name, address and telephone number of the registered corporate agent
for service of process.
(c) Partnerships, joint ventures, etc. The applicant organization's complete name
and official business address, the legal name, all aliases, and the ages, residence and
business addresses, social security number and driver's license number of each partner
or any other person entitled to share in the profits of the organization, whether or not
such person is also obligated to share in the liabilities of the organization.
(d) Land trusts. The applicant land trust's complete name; the legal name, all
aliases, and the ages, residence and business addresses, social security and driver's
license number of each trustee and beneficiary of the land trust and the specific interest
of each such beneficiary in the land trust; and the interest, if any, that the land trust
holds in the licensed premises;
2. If a corporation or a partnership is an interest holder that must be disclosed pursuant to
Sections 31.143, C1,b; C1,c or C1,d above, then such interest holders shall disclose the
information required by those subsections with respect to their interest holders.
3. The general character and nature of the business of the applicant.
4. The length of time that the applicant has been in the business of the character specified
in response to Section 31.143C,3 above.
5. The location, street address, legal description and telephone number of the premises for
which the Adult Entertainment Establishment Business License is sought.
6. The specific name of the business that is to be operated under the Adult Entertainment
Establishment Business License.
7. The identity of the fee simple owner of the property on which the Adult Entertainment
Establishment is located.
8. A diagram prepared and signed by a licensed engineer or architect showing the internal
and external configuration of the Adult Entertainment Establishment, including all doors,
windows, entrances, exits, the fixed structural internal features of the premises, plus interior
rooms (identifying the use to which each room will be put), walls, partitions, stages,
performance areas, and restrooms. The diagram shall also designate the precise location in
the Adult Entertainment Establishment where the Adult Entertainment Establishment Business
License will be posted. Each diagram shall be oriented to the north and some designated
street or other structure, and shall be drawn to its designated scale or with marked dimensions
to an accuracy of plus or minus six inches and sufficient to clearly show the various interior
dimensions of all areas of the licensed premises. The requirements of this subsection shall not
apply for renewal applications provided the applicant adopts a diagram that was previously
submitted for the license sought to be renewed and provided the applicant certifies that the
premises has not been altered since the immediately preceding issuance of the license and
that the previous diagram continues to accurately depict the interior and exterior layout of the
premises. The approval or use of the diagram required by this chapter shall not be deemed to
be, and shall not be considered or interpreted or construed to constitute approval pursuant to
any other applicable City Codes, ordinances or regulations.
9. Whether the applicant or any of the individuals identified in the application pursuant to
Section 31.143C,1; C,2 and C,11 above, within the five years immediately preceding the date
of the application, has been convicted, pleaded nolo contendere to, or is currently charged with
committing, by indictment or information, any specified criminal act. As to each conviction, plea
or charge, the applicant or other individual shall provide the conviction date or plea date, the
case number, the nature of the misdemeanor or felony violation, the name and location of the
court in which the case was handled and, if a felony conviction, the date upon which the
27
applicant's or other person's rights were restored by the governor together with a copy of said
restoration of rights.
10. Whether the applicant or any of the individuals identified in the application pursuant to
Section 31.143C,1; C,2 and C,11 above, has had a license or other authorization to conduct or
operate a business substantially the same as an Adult Entertainment Establishment or any
business requiring a liquor or gaming license, revoked or suspended; and, if so, the date and
grounds for each such revocation or suspension, the name and address of the location of the
establishment at issue and the name of the governing body that took administrative action to
suspend or revoke said license.
11. The name, residential address and telephone number of the individual or individuals
who shall be the day-to-day on-site managers of the proposed Adult Entertainment
Establishment.
12. For the individual or individuals executing the application pursuant to Section 31.143A
of this chapter, and for the individual or individuals identified in Section 31.143C,1; C,2 and
C,11 a fully executed waiver on a form prescribed by the City to obtain criminal conviction
information based upon fingerprint identification pursuant to the Iowa Code and Section
31.143D below.
D. Each application shall include the following information and documents:
1. Prior to the issuance of a license, the applicant and all persons required to be identified
in Section 31.143C,1; C,2 and C,11 shall be photographed and fingerprinted by the City of
Dubuque chief of police, said fingerprinting to be used in connection with obtaining the
person's criminal history information. No license shall be issued until such time as the
photographing and fingerprinting have been completed.
2. If at any time after the issuance of a license or during the course of consideration of an
application filed pursuant to this chapter, the composition of the partnership or corporation
changes from that stated in Section 31.143C, or if a new manager or other Adult Entertainment
Establishment Employee is employed, the applicant or Licensee shall cause the new persons
to be identified as would otherwise be required by this code for an application, and to be
photographed and finger-printed, and that information, together with the waiver form required
by Section 31.143C,12 shall be submitted to the city clerk within five days of the change or
new employment.
3. Notice of any change contemplated by Section 31.143D,2 above, after the issuance of a
license, shall be given to the city clerk within five days of the change. Failure to give the notice
shall constitute good and sufficient basis for revoking or suspending the license.
4. Failure to comply with the provisions of this section shall constitute good and sufficient
basis or revoking or suspending a license or if such license has not yet been issued, to refuse
the issuance of the license. Failure to comply with the provisions of this section shall also be
cause to refuse to renew a license.
E. Any application for an Adult Entertainment Establishment Business License that does not
include all of the information and documents required by this chapter, as well as the administrative
processing fees required, shall be deemed to be incomplete and shall not be acted upon or
processed by the City. The city clerk shall, within five days of the submission of an incomplete
application, return the application to the applicant, along with a brief written explanation of the reason
or reasons why the application is not complete.
31.144 Application Processing.
A. Within five days after the receipt of a complete application for an Adult Entertainment
Establishment Business License as well as the applicable fees, the city clerk shall transmit a copy of
the application to the city manager, the fire department, the health department, the building
department, the planning department and the chief of police (the reviewing departments).
28
B. Each reviewing department shall, within fourteen days after the transmittal of the application
(1) review the application; (2) conduct such inspections of the proposed licensed premises and the
background and criminal history investigations of the applicant and all individuals identified in the
application regarding the matters within their respective jurisdictions, as shall be reasonably
necessary to verify the information set forth in the application and to determine whether the proposed
Adult Entertainment Establishment complies with the requirements of this chapter and other
applicable laws, codes, ordinances, rules and regulations; and (3) prepare and submit to the city
manager a written report regarding the results and findings of such reviews, inspections and
investigations, including an explanation of the specific reasons the applicable laws and regulations if
the written report recommends disapproving the license.
C. In the event that the premises has not yet been constructed or reconstructed to accommodate
the proposed Adult Entertainment Establishment, the reviewing departments shall base their
respective written reports, investigations and inspections, to the extent necessary, on the diagrams
submitted in the application. Any Adult Entertainment Establishment Business License issued prior to
the construction or reconstruction necessary to accommodate the Adult Entertainment Establishment
shall contain a condition that the Adult Entertainment Establishment shall not be open for business
until the premises has been inspected and determined to be in substantial compliance with the
diagram submitted with the application.
D. An applicant for an Adult Entertainment Establishment Business License shall cooperate fully
in the inspections and investigations conducted by the reviewing departments. The applicant's failure
or refusal (1) to give any information reasonably relevant to the investigation of the application; (2) to
allow the licensed premises to be inspected; (3) to appear at any reasonable time and place for
examination under oath regarding the application; or (4) to otherwise be uncooperative with an
investigation or inspection required by this chapter, shall constitute an admission by the applicant that
the applicant is ineligible for an Adult Entertainment Establishment Business License and shall be
good and sufficient basis for denial of the license by the City.
E. The city manager shall, within thirty days after the submission of a properly completed
application either issue an Adult Entertainment Establishment Business License to the applicant or
shall deny the issuance of a license.
31.145 Standards for Issuance or Denial of License.
A. Issuance. The city manager shall issue or deny an Adult Entertainment Establishment
Business License to an applicant in accordance with the following standards and based upon the
reports, investigations and inspections and recommendations of the reviewing departments and on
any other credible information on which it is reasonable for the city manager to rely:
1. All information and documents required by this chapter have been properly provided
and the information and statements in the application are true and correct;
2. All persons identified in the application pursuant to Section 31.143C,1; C,2 and C11 are
at least twenty-one years of age and not under any legal disability;
3. No person identified pursuant to Section 31.143C,1; C,2, or C11 has been convicted of
or pleaded nolo contendere to a specified criminal act within the five years immediately
preceding the date of the application;
4. No person identified in the application pursuant to Section 31.143C1; C2 and C,11 is
overdue on payment to the City of taxes, fees, fines or penalties assessed against or imposed
on, any such individual;
5. No person identified in the application pursuant to Section 31.143C,1; C,2 and C,11 is
residing with, married to or a person (1) who has been denied an Adult Entertainment
Establishment Business License within twelve months immediately preceding the date of the
application; (2) whose Adult Entertainment Establishment Business License has been revoked
within twelve months immediately preceding the date of the application; or (3) whose Adult
29
Entertainment Establishment Business License is under suspension at the time of the
application.
6. The Adult Entertainment Establishment complies with all then-applicable building,
zoning, health and safety codes and regulations;
7. The applicant has confirmed in writing and verified under oath as part of the application
that the applicant has read this chapter and all provisions of the City zoning regulations
applicable to Adult Entertainment Establishments, and is familiar with their terms and
conditions; and that the proposed Adult Entertainment Establishment is and shall be in
compliance therewith;
B. Denial. If the city manager determines that the applicant has not met one or more of the
conditions set forth in this chapter, then the city manager shall deny issuance of the Adult
Entertainment Establishment Business License and shall give the applicant a written notification and
explanation of such denial. The notice of denial shall be delivered in person or by certified mail, return
receipt requested, addressed to the applicant's address as set forth in the application. The Adult
Entertainment Establishment Business License shall be deemed denied on the day the notice of
denial is delivered in person or three days after it is placed in the U.S. mail as provided by this
subsection.
31.146 Adult Entertainment Establishment Employee And Performer Identification.
A. No person shall work in an Adult Entertainment Establishment as an Adult Entertainment
Establishment Performer or Adult Entertainment Establishment Employee without first having been
issued an Adult Entertainment Establishment Performer or Adult Entertainment Establishment
Employee identification card by the chief of police.
B. No person shall employ or permit any person to work in an Adult Entertainment Establishment
as an Adult Entertainment Establishment Employee or Adult Entertainment Establishment Performer
in violation of Section 31.146.
C. A person shall make application to the chief of police for an Adult Entertainment Establishment
Performer or Employee identification form. A person making such application shall (1) remit a
nonrefundable fee as established by the city manager, (2) provide satisfactory proof of identity to the
chief of police together with a copy of a criminal records check from the State of Iowa (a non-law
enforcement record check request form may be obtained from the chief of police prior to applying)
and (3) shall complete and submit a verified statement on forms provided by the chief of police that
said person has not been convicted of or pleaded nolo contendere to any of the specified criminal
acts or a violation of this chapter within the five years immediately preceding the application. Upon
the receipt of the required documents, proof of identity and fee, the chief of police shall within 72
hours issue an Adult Entertainment Establishment Employee or performer identification form to any
person required to have one by this chapter provided said person has not been convicted of or
pleaded nolo contendere to any specified criminal act or with a violation of this chapter within the five
years immediately preceding the date of their application for an Adult Entertainment Establishment
Performer or Employee identification form.
D. An Adult Entertainment Establishment Performer or Employee identification form shall be
displayed upon the request of any city employee inspecting an Adult Entertainment Establishment. If
such request is made by a police officer, an Adult Entertainment Establishment Performer must also
be able to produce a valid driver's license or other satisfactory evidence of identification in addition to
their performer identification card. All Adult Entertainment Establishment Performer and Employee
identification forms remain the property of the city. It shall be unlawful for any person to possess such
an identification card in any manner inconsistent with the provisions of this chapter. The Performer or
Employee to whom the identification card has been issued shall keep, maintain, safeguard and hold
the performer or employee identification card in his or her possession and must be able to produce
30
the identification card at any time while working at or entertaining at an Adult Entertainment
Establishment.
E. An Adult Entertainment Establishment Performer or Employee identification form shall contain
the following information: the performer identification form number assigned to the person; the
person's full name and the person's date of birth.
F. An Adult Entertainment Establishment Performer or Employee identification form may be
revoked or suspended by the city manager for any of or a plea of nolo contendere to any specified
criminal act or a violation of this chapter and the identification form shall be surrendered immediately.
G. All Adult Entertainment Establishment Performer and Employee identification forms shall be
valid, unless first suspended or revoked, for a term of one year.
31.147 Inspections by City.
A. Reviewing departments and other city representatives shall inspect all Adult Entertainment
Establishments as may be necessary to determine compliance with the provisions of this chapter
prior to license issuance and may periodically inspect for the purpose of determining continuing
compliance with this chapter.
B. The Licensee shall permit city representatives to inspect the Adult Entertainment
Establishment for the purpose of determining compliance with the provisions of this chapter and all
other applicable laws at any time during which an Adult Entertainment Establishment Patron is on the
premises or the premises is otherwise occupied.
C. It shall be unlawful for the Licensee, any Adult Entertainment Establishment Employee or
Performer, or any other person to prohibit, interfere with or refuse to allow any lawful inspection
conducted by city representatives pursuant to this chapter or any other chapter of the City Code.
D. Licensee conduct in violation of section 31.146C above shall be good and sufficient basis for
suspension or revocation of the Adult Entertainment Establishment Business License pursuant to this
chapter.
E. It shall be unlawful for any person to operate any kind of warning device, alarm, siren or other
similar system for the purpose of warning or aiding and abetting the warning of any Adult
Entertainment Establishment Employee or Performer, Adult Entertainment Establishment Patron or
other person that city representatives are approaching or have entered the Adult Entertainment
Establishment.
31.148 Change of information.
During the pendency of any application for, or during the term of, any Adult Entertainment
Establishment Business License, the applicant or Licensee shall promptly notify the city clerk in
writing (1) of any change in any information given by the applicant or Licensee in the application for or
renewal of such license, including but not limited to any change in managers of the Adult
Entertainment Establishment, or any individuals identified in the application pursuant to Section
31.143C,1; C,2 or C,11 of this chapter; or (2) of the occurrence of events constituting grounds for
suspension or revocation under this chapter.
31.149 Regulations Applicable to all Adult Entertainment Establishments.
A. General Compliance. All Adult Entertainment Establishments shall comply with the provisions
of this chapter, all other applicable city ordinances, resolutions, rules and regulations, and all other
applicable federal, sate and local laws.
B. Hours of Operation. Adult Entertainment Establishments shall close by 2:00 a.m. and shall not
re-open for business until after 8:00 a.m.
C. Restrooms. Separate male and female restrooms shall be provided for and used by Adult
Entertainment Establishment Employees and Performers, and shall be separate from the restrooms
provided for and used by Adult Entertainment Establishment Patrons.
D. Restricted Access. No Adult Entertainment Establishment Patron shall be permitted to enter
any of the nonpublic portions of any Adult Entertainment Establishment at any time, including without
31
limitation, any storage areas or dressing rooms or other rooms provided for the benefit of Adult
Entertainment Establishment Employees and Performers. This subsection shall not apply to persons
delivering merchandise, food and beverages, or performing maintenance or repairs to the Adult
Entertainment Establishment, provided however, that any such persons shall remain in such non-
public areas only for the purposes and to the extent necessary to perform their employment duties.
This subsection shall not apply to persons interviewing for employment as Adult Entertainment
Establishment Employees or Performers provided such persons remain in such nonpublic areas only
for the purpose of interviewing and to the extent necessary for interviewing.
E. Specific Prohibited Acts.
1. No Adult Entertainment Establishment Patron or any other person at any Adult
Entertainment Establishment, other than an Adult Entertainment Establishment Employee or
Performer employed or engaged to provide adult entertainment in accordance with the
regulations of this chapter, shall appear, be present, or perform while nude.
2. No Adult Entertainment Establishment Employee or Performer or any other person at
any Adult Entertainment Establishment shall perform or conduct any specified sexual activities
with or for any Adult Entertainment Establishment Patron or any other Adult Entertainment
Establishment Employee or Performer or any other person. No Adult Entertainment
Establishment Patron or any other person at any Adult Entertainment Establishment shall
perform or conduct any specified sexual activity with or for any Adult Entertainment
Establishment Employee or Performer or any other Adult Entertainment Establishment Patron
or any other person.
F. Exterior Display. No Adult Entertainment Establishment shall be maintained or operated in any
manner that causes, creates, or allows public viewing of any adult material, or any entertainment
depicting, describing or relating to specified sexual activities or specified anatomical areas, from any
public rights-of-way or private property other than the lot on which the licensed premises is located.
No portion of the exterior of an Adult Entertainment Establishment shall utilize or contain any flashing
lights, search lights, spotlights, or other similar lighting systems; or any words, lettering, photographs,
silhouettes, drawings or pictorial representations of any manner except to the extent allowed pursuant
to subsection G of this section with regard to signs. This subsection shall apply to any advertisement,
display, promotional material, decoration, sign, performance, show, and to any window, door or other
opening to the Adult Entertainment Establishment .
G. Signage. All signs for an Adult Entertainment Establishment shall be flat wall signs. The
maximum allowable sign area shall be one square foot of sign area per foot of lot frontage on the
street, but under no circumstances may a sign exceed thirty-two square feet. The maximum number
of signs shall be one per lot frontage. Signs otherwise permitted pursuant to this subsection shall
contain only (1) the name of the Adult Entertainment Establishment conducted on the licensed
premises, and/or (2) the specific type of Adult Entertainment Establishment business conducted on
the licensed premises. Temporary signage and banner signage shall not be permitted in connection
with any Adult Entertainment Establishment .
H. Noise. No loudspeakers or sound amplification equipment audible beyond the lot lines of the
property on which the licensed premises is located shall be used at any time.
I. Gambling Prohibited. No Adult Entertainment Establishment shall contain any devices or
equipment or implements that are defined as gambling devices under Iowa law.
J. Manager's Station. Each Adult Entertainment Establishment shall have one or more manager's
stations which shall be occupied by a manager or other designated person at all times during the
business's houses of operation. The interior of each Adult Entertainment Establishment shall be
configured in such a manner that there is a direct and unobstructed view from the manager's station
to every part of every area, except the restrooms, of the Adult Entertainment Establishment to which
any Adult Entertainment Establishment Patron is legally permitted access. An Adult Entertainment
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Establishment shall use a camera surveillance system, monitored by a manager or other designated
person at all times during the hours of operation, which provides a direct and unobstructed view to
every part of every area, except the restrooms, of the Adult Entertainment Establishment to which any
Adult Entertainment Establishment Patron is legally permitted access, including all areas of any
vehicle parking lot associated with the Adult Entertainment Establishment. The camera surveillance
system shall be connected to a video recording system operating during all hours the Adult
Entertainment Establishment is open to the public and the recordings shall be kept for 30 days.
K. Alcohol Prohibition. No Adult Entertainment Establishment may serve or permit the
consumption of alcoholic liquor, wine or beer in the Adult Entertainment Establishment. No Adult
Entertainment Establishment Patron, Employee or Performer may consume alcoholic liquor, wine or
beer in the Adult Entertainment Establishment.
L Age Limitations. No Adult Entertainment Establishment Employee or Performer shall be under
the age of eighteen years of age. No Adult Entertainment Establishment Patron shall be under the
age of eighteen years of age.
M. Outdoor and Off-Street Parking. All outdoor and off-street parking areas of an Adult
Entertainment Establishment shall be illuminated from dusk to closing hours of operation, and any
time that any Adult Entertainment Establishment Patron is present, with a light system which provides
an average minimum maintained horizontal illumination on one foot candle of light on the parking
surface and walkways.
N. Content and Display of License. Every Adult Entertainment Establishment Business License
issued by the City, and shall, at a minimum, prominently state on its face the name of the Licensee,
the expiration date, and the address of the Adult Entertainment Establishment. Every Licensee shall
cause the Licensee's Adult Entertainment Establishment Business License to be framed, covered by
glass, and displayed at all times in a conspicuous place on the licensed premises so that is may
easily be seen and read at any time by any person entering the licensed premises.
O. License Term. Adult Entertainment Establishment Business Licenses shall be valid, unless first
terminated, suspended or revoked, for a term of one year.
31.150 Regulations for Adult Booths.
A. Only one person shall occupy an adult booth at any time. No Adult Entertainment
Establishment Patron or other individual occupying an adult booth shall engage in any specified
sexual activity.
B. The entranceway of an adult booth shall be positioned such that it leaves a permanent, visually
and physically unobstructed opening of not less than thirty-six (36) inches in width and eighty (80)
inches in height. An Adult Entertainment Establishment Patron occupying an adult booth shall be at
least partially visible from outside of the booth at all times.
C. Except for the entranceways, the walls or partitions of each adult booth shall be constructed
and maintained of solid walls or partitions without any holes or openings whatsoever. The wall and
ceiling surfaces shall be constructed or permanently covered by non-porous, easily cleanable
material and shall not consist of wood, plywood, composition wood panels or other porous material
within six feet of the floor. All ventilation devices must be covered by a permanently affixed ventilation
cover. Ventilation holes may be located in the ceiling or within one foot from the top of the walls.
D. A sign consisting of letters at least one inch high shall be posted in a conspicuous place at or
near the entranceway to each adult booth. The sign shall state (1) that only one person is allowed in
an adult booth at any time; (2) and that it is unlawful to engage in any specified sexual activity while in
an adult booth. The sign shall be enclosed or framed in a tamper-resistant enclosure or frame.
E. Whenever the use of an adult booth is relinquished by an Adult Entertainment Establishment
Patron said adult booth shall be cleaned and sanitized prior to it being occupied by any other Adult
Entertainment Establishment Patron.
31.151 Regulations for Adult Entertainment Establishments.
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A. No Adult Entertainment Establishment Patron shall be on or be allowed at any time to be on
any stage or platform.
B. A minimum lighting level of not less than thirty lux horizontal, measured at thirty (30) inches
from the floor and on ten-foot centers shall be maintained at all times in all areas where Adult
Entertainment Establishment Patrons are allowed.
C. Doors to areas on the premises, which are lawfully available for use by persons other than
Adult Entertainment Establishment Employees or Performers, shall not be locked during business
hours.
D. Straddle dances shall be prohibited in all Adult Entertainment Establishments.
E. An Adult Entertainment Establishment Performer must remain at all times a minimum distance
of six (6) feet from any Adult Entertainment Establishment Patron, and may only perform on a
platform intended for that purpose, which must be raised at least three (3) feet from the level of the
floor on which any Adult Entertainment Establishment Patron is located and which is surrounded by a
railing not less than three (3) feet above the level of that platform. No Adult Entertainment
Establishment Performer may solicit or accept money, a tip or other item directly or indirectly from an
Adult Entertainment Establishment Patron.
31.152 Licensee responsibility.
Every act or omission by an Adult Entertainment Establishment Employee or Performer
constituting a violation of any of the provisions of this chapter shall be deemed to be the act or
omission of the Licensee if such act occurs either with the authorization, knowledge or approval of the
Licensee, or as a result of the Licensee's failure to adequately supervise the Adult Entertainment
Establishment Employee or Performer. Accordingly, any such act or omission by an Adult
Entertainment Establishment Employee or Performer shall be deemed to be the act or omission of the
Licensee for the purpose of determining whether the Licensee's Adult Entertainment Establishment
Business License should be revoked, suspended or renewed.
31.153 License Revocation or Suspension.
A. Grounds. Pursuant to the procedures set forth hereinafter, the city manager may suspend, for
not more than one year, or revoke, any Adult Entertainment Establishment Business License if the
city manager determines, based upon credible and reasonably reliable information and evidence that
one or more of the following have occurred:
1. The Licensee has violated any of the provisions or requirements of this chapter or the
zoning provisions of the City Code applicable to Adult Entertainment Establishments;
2. The Licensee (1) knowingly or negligently furnished false or misleading information or
withheld information on any application or other document submitted to the City for the
issuance or renewal of any Adult Entertainment Establishment Business License; or (2)
knowingly or negligently caused or suffered any other person to furnish false or misleading
information or to withhold any information on the Licensee's behalf;
3. The Licensee committed a felony or specified criminal act;
4. The Licensee authorizes, approves, or as a result of the Licensee's negligent failure to
supervise the licensed premises or the Adult Entertainment Establishment, allows, suffers or
permits an Adult Entertainment Establishment Employee or Performer, an Adult Entertainment
Establishment Patron or any other person to (a) violate any of the provisions or requirements
of this chapter or the license issued pursuant hereto; or (b) commit any felony or specified
criminal act on the licensed premises; or
5. The Licensee or any person identified pursuant to Section 31.143C becomes
disqualified for the issuance of an Adult Entertainment Establishment Business License at any
time during the term of the license at issue.
B. An Adult Entertainment Establishment Business License may be suspended for up to one year
or revoked pursuant to the following procedure:
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1. Notice. Upon determining that one or more of the grounds for suspension or revocation
exist, the city manager shall serve a written notice on the Licensee by certified mail, return
receipt requested, addressed to the Licensee's address as set forth in the application. The
notice shall (a) state that the city manager has determined that the Licensee's Adult
Entertainment Establishment Business License is suspended for a specified number of days or
revoked, (b) state the specific basis for the determination; (c) state the date by which the
Licensee must file an appeal of the suspension or revocation.
2. Upon the suspension or revocation of an Adult Entertainment Establishment Business
License, the city manager shall take custody of the suspended or revoked license
31.154 Administrative Record.
The city clerk shall keep an accurate record of every Adult Entertainment Establishment Business
License application received and acted upon, together with all relevant information and materials
pertaining to such application, and a copy of any Adult Entertainment Establishment Business
License issued pursuant to this chapter.
31.155 Recordkeeping by Licensee.
The Licensee of every Adult Entertainment Establishment shall keep and maintain a register each
of its Adult Entertainment Establishment Employees and Performers. For each such Employee or
Performer the register shall include the following information:
A. Legal name and all aliases;
B. Date of birth;
C. Social Security and driver's license numbers;
D. Gender;
E. Date of commencement of employment or engagement;
F. Date of termination of employment or engagement;
G. A description of the Employee's or Performer’s specific job or employment duties.
The register shall be maintained for all current Adult Entertainment Establishment Employees and
all Adult Entertainment Establishment Employees and Performers employed or engaged at any time
within the immediately preceding thirty-six months. The Licensee shall make the register of its Adult
Entertainment Establishment Employees or Performers available for inspection by the City
immediately upon demand at all reasonable times.
31.156 Appeal.
A. Any person subject to this Chapter who is aggrieved by an action of the city manager may
appeal from the city manager’s action by filing with the city clerk a written appeal to the city council
containing:
(1) A brief statement of the specific order or action protested, together with any material
facts claimed to support the contentions of the applicant.
(2) A brief statement in ordinary and concise language of the reasons why it is claimed the
protested action should be reversed.
(3) The signature of the applicant and the applicant’s mailing address.
B. The appeal shall be filed within ten (10) days from the date of service of the city manager’s
notice.
C. Upon receipt of any appeal filed pursuant to this section, the city clerk shall present it at the
next regular or special meeting of the city council and the city council shall fix a date, time and place
for the hearing of the appeal. Such date shall be not less than ten (10) days nor more than thirty (30)
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days from the date the appeal was filed with the city clerk. Written notice of the time and place of the
hearing shall be given by the city clerk at least (10) days prior to the date of the hearing to the
applicant by causing a copy of such notice to be delivered to the applicant personally or by mailing a
copy of such notice by certified mail, postage prepaid, return receipt requested, addressed to the
applicant at the appellant's address shown on the appeal.
D. Failure of an applicant to file an appeal in accordance with this section shall constitute a waiver
of such person's right to an administrative hearing on the city manager’s action.
E. Hearing. The conduct of hearing appeals shall be governed by Sections 1-20 through 1-25 of
the City of Dubuque Code of Ordinances.
31.157 Nuisance declared.
An Adult Entertainment Establishment established, operated, or maintained in violation of any of
the provisions of this chapter shall be, and is, declared to be a public nuisance. The City may, in
addition to, or in lieu of any remedy set forth in this chapter, commence an action to enjoin, remove or
abate such nuisance in the manner provided by law.
31.158 Severability.
If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word
of this Article and/or any other code provisions and/or laws are declared invalid or unconstitutional by
the valid judgment or decree of any court of competent jurisdiction, the declaration of such
unconstitutionality shall not affect any of the other regulations contained in this Article.
Section 2. This Ordinance shall take effect upon publication.
th
Passed, approved and adopted the 17 day of March, 2008.
/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 March, 2008.
/s/Jeanne F. Schneider, CMC, City Clerk
Bee Branch Property Acquisition – Purchase of Rental Property: City Manager recommending
approval of a change to the City’s property acquisition policy related to implementation of the
Drainage Basin Master Plan for rental properties to offer a maximum 120-day payment to landlords
for vacant units awaiting closing on the sale of the property. Motion by Lynch to receive and file the
documents and approve. Seconded by Connors. Motion carried 7-0.
Parking Rate Revision and Snow Removal Costs: City Manager recommending approval of
parking fee increases to support the Parking Division budget effective April 1, 2008. 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. 26-08 Amending City of
Dubuque Code of Ordinances Section 32-321.642 Designated – Lots, and Section 32-321.645
Meters – Time and Fee Schedule for Specific Lots. Seconded by Braig. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 26-08
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES SECTION 32-321.642 DESIGNATED –
LOTS, AND SECTION 32-321.645 METERS – TIME AND FEE SCHEDULE FOR SPECIFIC LOTS.
Section 1. City of Dubuque Code of Ordinances § 32-321.642 is amended to read as follows: Sec.
32-321.642. Designated – Lots.
The various municipally owned parking lots in the city shall be designated numerically as follows:
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. . .
th
(4) Lot No. 4: The lot situated at the southwest corner of 12 and Bluff Streets.
(5) Lot No. 5: The lot situated at the northwest corner of Twelfth Street and Central Avenue.
(6) Lot No. 6: The lot situated on the southwest corner of Eleventh and Bluff Streets.
(7) Lot No. 7: The lot situated on the northwest corner of Third and Main Streets.
(8) Lot No. 10: The lot situated on Fifth Street and the alley east of Locust Street and running
parallel to the alley from Fifth to Sixth Streets.
(9) Lot No. 12: The lot situated at the northeast corner of Fourth Street and Central Avenue.
Section 2. City of Dubuque Code of Ordinances § 32-321.645 is amended to read as follows:
Sec. 32-321.645. Lots – Monthly Reserved and Metered Spaces
Parking meters on municipally owned parking lots, when installed and properly operated, shall
show legal parking upon and after the deposit of United States coins, and in the non-metered parking
lots, parking spaces shall be reserved in accordance with the following schedules:
(1) On parking lots no. 1, 2, 3, 4, 5, 6, 7, and 10, the amount of fee shall be displayed on each
parking meter and shall indicate the period of time allowed for the particular United States coin
deposit after meter has been placed in operation. The maximum parking time allowed shall be
indicated on the parking meter assigned to the meter space to which it applies.
(2). On parking lots no. 1, 2, 4 and 5, reserved parking for non-metered spaces shall be between
the hours of six o'clock (6:00) A.M. and six o'clock (6:00) P.M. daily, excluding Saturdays, Sundays,
and holidays at a monthly rate of thirty two dollars ($32.00), payable each month.
(3). On parking lot no. 3 and the Historic Federal Building lot, reserved parking for non-metered
spaces shall be between the hours of six o’clock (6:00) A.M. and six (6:00) P.M. daily, excluding
Saturdays, Sundays and holidays unless marked as reserved 24 hours 7 days per week at a rate of
thirty-seven dollars ($37.00), payable each month.
(4). On parking lot no. 5, reserved parking for each space for which a parking meter has not been
installed shall be reserved by the city for assignment by the City Manager for purposes of carrying out
the business of city government.
(5). On parking lot no. 10, reserved parking for non-metered spaces shall be between the hours of
six o'clock (6:00) A.M. and six o'clock (6:00) P.M. daily, excluding Saturdays, Sundays, and holidays
at a monthly rate of forty-two dollars ($42.00), payable each month.
(6). On parking lot no. 12, reserved parking for non-metered spaces shall be between the hours of
six o’clock (6:00) A.M. and six o'clock (6:00) P.M. daily, excluding Saturdays, Sundays and holidays
at a monthly rate of thirty dollars ($30.00) payable each month.
Notice of such restrictions, as provided for in this Section, shall be displayed at each lot. The
owner or operator of any vehicle who shall receive notice either personally or by the attaching of such
notice to said vehicle if said vehicle is parked in violation of this section shall, when such notice is
served upon such owner or operator or attached to said vehicle, pay to the city treasurer as a penalty
for such violation the sum of fifteen dollars ($15.00).
Section 3. This Ordinance shall take effect on publication.
th
Passed, approved and adopted the 17 day of March, 2008.
/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 March, 2008.
/s/Jeanne F. Schneider, CMC, City Clerk
COUNCIL MEMBER REPORTS
Mayor Buol thanked staff for another great Dubuque Night in Des Moines.
Jones asked for consensus that staff be directed to develop an ordinance requiring trucks to
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remain in the right-hand lane as well as looking at prohibiting parking on the south side of Delhi
between Grandview and University Avenues. Council concurred.
Voetberg reported on his trip to Washington D.C. stating that issues discussed included New
Market Tax Credits, the Transportation Act, Energy Efficiency Block Grant program, and foreclosures.
He reported that it was suggested that cities should stay out of the bond market for at least six
months. He also spoke to Congressman Braley about the City of Dubuque’s transportation system.
CLOSED SESSION
Motion by Jones to adjourn to closed session at 8:14 p.m. regarding pending litigation pursuant to
Chapter 21.5(1)(c) 2007 Code of Iowa. Seconded by Braig. Motion carried 7-0
Upon motion, City Council reconvened in open session at 8:39 p.m. stating that staff had been
given proper direction.
There being no further business, upon motion the City Council adjourned at 8:40 p.m.
/s/Jeanne F. Schneider, CMC
City Clerk
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