6 16 08 City Council Proceedings Official
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on June 16, 2008 in the Historic
Federal Building.
Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voetberg, City
Manager Van Milligen; City Attorney Lindahl
Mayor Buol read the call and stated this is a regular session called for the purpose of discussing
such matters which may properly come before the City Council.
Invocation was provided by Reverend Peter Marshall, Dubuque Bible Church.
PROCLAMATIONS
Apples for Students Months (June and July, 2008) was accepted by Sr. Inez Tunmeyer, St. Mark’s
Community Center, 1201 Locust Street; Operation We Care Month (July, 2008) was accepted by Jim
Wagner, 2425 Division Street; CPR/AED Awareness Months (June and July, 2008) on behalf of the
American Red Cross, Dubuque Chapter; Bruce Wentworth Day (June 12, 2008) was accepted by
Bruce Wentworth, 1855 Greyhound Road; Music on the March was accepted by Greg Orwoll, 2260
Foye Street.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indi-
cated. Seconded by Voetberg. Connors requested (#3) Communication from Jim Giese regarding
Administrative Policy #3.10 be held for separate discussion. Motion carried 7-0.
Minutes and Reports Submitted: City Council of 6/2 as corrected, 6/4 and 6/9; Environmental Ste-
wardship Advisory Commission of 5/12 and 6/3; Historic Preservation Commission of 5/15; Housing
Code Appeals Board of 4/15; Human Rights Commission of 5/12; Long Range Planning Advisory
Commission of 5/21; Park and Recreation Commission of 5/13; Zoning Board of Adjustment of 5/22
Library Board of Trustees Update from Meeting of May 22, 2008
Proof of publication of City Council Proceedings of May 19, 2008
Upon motion the documents were received and filed.
Notice of Claims/Suits: LaSalle Bank National Association vs. City of Dubuque, et al; DuTrac
Community Credit Union vs. City of Dubuque, et al; Dubuque Bank and Trust Company vs. City of
Dubuque et al; Vernon E. Puls for property damage; Alan B. Chidley for vehicle damage. Upon motion
the documents were received, filed, and referred to the City Attorney.
City Attorney advising that the following claim has been referred to Public Entity Risk Services of
Iowa, the agent for the Iowa Communities Assurance Pool: Jonathon and Sarah Ragan. Upon motion
the document was received, filed, and concurred.
Citizen Communications: Communication from Kevin and Dianne Koch, 285 South Grandview
Avenue, in opposition to the proposed alternate-side parking for snow removal.
Upon motion the document was received and filed and referred to the City Manager.
Communication from Jim Giese, Jim Giese Commercial Roofing Co., Inc. regarding City Adminis-
trative Policy #3.10. Motion by Connors to receive and file the document and refer to the City Manag-
er with direction that this issue be brought back to the City Council at a later date as an Action item.
Seconded by Lynch. Motion carried 7-0.
GASB-45 Audit Proposals: City Manager recommending approval of a contract with Gallagher
Benefit Services, Inc. to perform a GASB-45 actuarial evaluation for the City. Upon motion the docu-
ments were received, filed, and approved.
Consulting and Actuarial Services Agreement: City Manager recommending approval of an
Amendment to the Administrative Services Agreement with Gallagher Benefit Services for benefit
consulting and actuarial services effective July 1, 2008. Upon motion the documents were received,
filed, and approved.
Medical Plan Administration: City Manager recommending approval of an amendment to the Ad-
ministrative Services Agreement with Health Choices, Inc., for the purchase of editing software for
administration of the City’s medical plans. Upon motion the documents were received, filed, and ap-
proved.
Port of Dubuque Brewery Development, LLC: City Manager recommending approval of the First
Amendment to the Lease Agreement between the City of Dubuque and the Port of Dubuque Brewery
Development, LLC. Upon motion the documents were received, filed, and approved.
Purchase of Property – 2106 Kniest Street: City Manager recommending approval of the purchase
of a residential dwelling located at 2106 Kniest Street as part of the acquisition program associated
with the Bee Branch Creek Restoration Project. Upon motion the documents were received and filed
and Resolution No. 192-08 Approving the acquisition of real estate located at 2106 Kniest Street in
the City of Dubuque was adopted.
RESOLUTION NO. 192-08
A RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 2106
KNIEST STREET, IN THE CITY OF DUBUQUE
WHEREAS,the City of Dubuque intends to acquire certain properties located in the area of the
Bee Branch Creek Restoration Project for stormwater mitigation activities as recommended in the
2001 HDR “Drainage Basin Master Plan;” and
WHEREAS,a purchase agreement has been finalized with the owner of the twenty-eighth property
scheduled for acquisition.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the City of Dubuque hereby approves the acquisition of the following legally de-
scribed property:
Southeasterly 20 feet of the Southwesterly 97 feet of Lot 2, and the Northwesterly 10 feet of the
Southwesterly 97 feet of Lot 3 in Frisch’s Subdivision of Lot 3 of Kniest’s Subdivision of Mineral Lot
314 in the City of Dubuque, Iowa, according to the recorded Plat thereof, and
Lot 1 and the Westerly 5 feet of the Southerly 97 feet of Lot 2 and the Northwesterly 5 feet of the
Northeasterly 50 feet of Lot 2, in Frisch’s Subdivision of Lot 3 of Kniest’s Subdivision of Mineral Lot
314 in the City of Dubuque, Iowa, according to the recorded Plat thereof
At the cost of Eighty-one thousand dollars ($81,000).
2
Section 2. That the City of Dubuque be and is hereby authorized to accept a Quit Claim deed from
the owner, conveying the owner’s interest to the City of Dubuque, Iowa for the herein described real
estate.
Section 3. That the City Clerk be and she is hereby authorized and directed to cause said Quit
Claim Deed to be recorded in the office of the Dubuque County Recorder, together with certified copy
of the Resolution.
Section 4. That the City Clerk be and she is hereby directed to forward a copy of this Resolution to
the Dubuque County Assessor and the Dubuque County Auditor.
th
Passed, approved and adopted this 16 day of June, 2008.
Roy D. Buol, Mayor
Attest: Jeanne Schneider, CMC, City Clerk
Historic Preservation Commission: Communication from Keisha Wainwright advising that she will
not be applying for re-appointment to the Historic Preservation Commission. Upon motion the docu-
ment was received and filed.
Zoning Advisory Commission: Communication from Eugene J. Bird, Jr., submitting his resignation
from the Zoning Advisory Commission. Upon motion the document was received and filed.
Multicultural Center Project: City Manager recommending approval of the publication of a Com-
bined Notice of Finding of No Significant Impact on the Environment and Notice of Intent to Request
Release of Funds for the Multicultural Center Project. Upon motion the documents were received and
filed and Resolution No. 193-08 Authorizing publication of a Combined Notice of Finding of No Signif-
icant Impact on the Environment and Notice of Intent to Request Release of Funds for the Multicul-
tural Center Project was adopted.
RESOLUTION NO. 193-08
A RESOLUTION AUTHORIZING PUBLICATION OF A CONCURRENT NOTICE OF FINDING OF
NO SIGNIFICANT IMPACT ON THE ENVIRONMENT AND NOTICE OF INTENT TO REQUEST
RELEASE OF FUNDS FOR THE MULTICULTURAL CENTER PROJECT.
Whereas, the City of Dubuque has received a Community Development Block Grant (CDBG) from
the U.S. Department of Housing and Urban Development, and
Whereas, pursuant to the rules and regulations as promulgated by the U.S. Department of Housing
and Urban Development, an environmental review has been processed for the Multicultural Center
Project; and
Whereas, based on said environmental review, the Department of Housing and Community Devel-
opment has determined that said project will have no significant impact on the environment; and
Whereas, a concurrent notice of " Finding of No Significant Impact on the Environment" and of "In-
tent to Request Release of Funds" for said project will be sent by regular mail to various federal, state
and local public agencies; to the appropriate Regional Office of the Environmental Protection Agency
and to the local news media, individuals and groups known to be interested and believed to be ap-
propriate to receive such a notice; and
Whereas, any and all comments received as a result of such notice will be duly considered before
proceeding with a Request for Release of Funds and Certification.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the City Clerk be and is hereby authorized and directed to publish a combined No-
tice of Finding of No Significant Impact on the Environment and Notice of Intent to Request Release
of Funds for the Multicultural Center Project and to make the Environmental Review Record for said
3
project available for public inspection and comment until 5:00 pm on July 7, 2008. Such notice shall
be in the form of Exhibit "A" attached hereto and made a part hereof.
Section 2. That the environmental review record for the project shall be placed on file in the Office
of the Housing and Community Development Department where said record may be examined and
copied by any interested party.
Section 3. That the Mayor of the City of Dubuque is hereby authorized and directed to submit to
the U.S. Department of Housing and Urban Development fifteen (15) days after publication of appro-
priate notice a Request for Release of Funds to undertake the said project.
Section 4. That the Mayor of the City of Dubuque is hereby authorized to consent to assume the
status of a responsible federal official under the National Environmental Protection Act, insofar as the
provisions of the said Act apply to the U.S. Department of Housing and Urban Development respon-
sibilities for review, decision making, and action assumed and carried out by the City of Dubuque as
to environmental issues.
Section 5. That the Mayor of the City of Dubuque is hereby authorized to consent personally, in his
official capacity and on behalf of the City of Dubuque, to accept the jurisdiction of the federal courts if
an action is brought to enforce responsibilities in relation to environmental review, decision-making
and action.
Section 6. That the Mayor of the City of Dubuque is hereby authorized and directed to execute a
certification pertaining to the environmental review procedures.
th
Passed, approved and adopted this 16 day of June 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
2008 Justice Assistance Grant Application: City Manager recommending approval of the 2008 Jus-
tice Assistance Grant application in the amount of $20,040. Upon motion the documents were re-
ceived, filed, and approved.
Tobacco Compliance: City Manager recommending approval of Acknowledgement Settlement
th
Agreements for a first tobacco compliance violation for the 16 Street Auto Plaza, HyVee, Inc., Oky
Doky #2, Econo Foods #471, Kwik Stop, and Plaza 20 BP; a second tobacco compliance violation for
Oky Doky #8 and Casey’s General Store; and a third tobacco compliance violation for Hartig Drug
Company #4. Upon motion the documents were received, filed, and approved.
2008 Commercial Equipment Direct Assistance Program (CEDAP) Grant: City Manager recom-
mending approval of the submission of the 2008 Commercial Equipment Direct Assistance Program
(CEDAP) grant application to the Federal Emergency Management Agency / U.S. Department of Ho-
meland Security Administration. Upon motion the documents were received, filed, and approved.
Stipulation of Settlement – First National Bank: City Attorney submitting a Stipulation of Settlement
th
of three tax assessment appeals of First National Bank for property located at 270 West 7 Street.
Upon motion the documents were received, filed, and approved.
2008 Asphalt Paving Program: City Manager recommending award of the public improvement con-
tract for the 2008 Asphalt Paving Program to River City Paving, Inc. in the amount of $208,354.63.
Upon motion the documents were received and filed and Resolution No. 194-08 Awarding public im-
provement contract for the 2008 Asphalt Paving Program was adopted.
RESOLUTION NO. 194-08
4
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE 2008 ASPHALT PAVING PROGRAM
Whereas, sealed proposals have been submitted by contractors for the 2008 Asphalt Paving Pro-
gram (the Project) pursuant to Resolution No. 67-08 and Notice to Bidders published in a newspaper
rd
published in the City of Dubuque, Iowa on the 23 day of May, 2008.
th
Whereas, said sealed proposals were opened and read on the 5 day of June, 2008 and it has
been determined that River City Paving Inc., a division of Mathy Construction, Inc. of Dubuque, Iowa,
with a bid in the amount of $208,354.63, is the lowest responsive, responsible bidder for the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That a Public Improvement Contract for the Project is hereby awarded to River City Paving Inc., a
division of Mathy Construction Inc. and the City Manager is hereby directed to execute a Public Im-
provement Contract on behalf of the City of Dubuque for the Project.
th
Passed, approved and adopted this 16 day of June, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Zoning Advisory Commission: Communication from Jeff Stiles, 3108 Central Avenue, in support of
Patrick Norton’s application to the Zoning Advisory Commission. Upon motion the document was re-
ceived and filed.
Snow Removal Assessment: City Manager recommending approval of the Final Assessment
Schedule for the 2007 – 2008 snow removal and right-of-way obstruction removal in the amount of
$8,125. Upon motion the documents were received and filed and Resolution No. 195-08 Adopting the
final assessment schedule for the Snow Removal Assessment – Right-of-Way Obstruction Removal
Assessment Project was adopted.
RESOLUTION NO. 195-08
ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE SNOW REMOVAL ASSESSMENT
– RIGHT-OF-WAY OBSTRUCTION REMOVAL ASSESSMENT PROJECT
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
After full consideration, the Final Schedule of Assessments as shown on the attached sheet(s),
Page 1 to Page 2 inclusive, is hereby approved for the Snow Removal Assessment – Right-of-Way
Obstruction Removal Assessment Project.
There is hereby assessed and levied as a special tax against and upon each of the benefited
properties, the respective sums indicated. The amounts shown in said Final Schedule of Assess-
ments as deficiencies are found to be proper and levied conditionally against the respective proper-
ties benefited by the improvements as shown in the Final Schedule of Assessments, subject to the
provisions of Iowa Code § 384.63. Said assessments against said lots are hereby declared to be in
proportion to the special benefits conferred and not in excess of twenty-five percent of the value of
same.
The City Clerk be and is hereby directed to certify the Final Schedule of Assessments to the Coun-
ty Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each week for
two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which
shall be not more than fifteen days from the date of filing of the Final Schedule of Assessments. On or
before the date of the second publication of the notice, the City Clerk shall also mail a copy of said
notice to property owners whose property is subject to assessment, as provided in Iowa Code §
384.60.
5
The assessments may be paid in full or in part without interest at the office of the City Treasurer,
th
City Hall, 50 W. 13 Street, Dubuque, Iowa, at any time within 30 days after the date of the first notice
of the Final Schedule of Assessments. Thereafter, unpaid assessments of $100.00 or more are pay-
able in 10 annual installments at the County Treasurer’s Office, Dubuque County Courthouse, 720
Central Avenue, Dubuque, Iowa, and will draw annual interest at nine percent (9%) computed to De-
cember 1 next following the due dates of the respective installments as provided in Section 384.65 of
the Code of Iowa. Each installment will be delinquent from October 1 following its due date on July 1
of each year. However, when the last day of September is a Saturday or Sunday, that amount shall
be delinquent from the second business day of October. Delinquent installments will draw the same
delinquent interest as ordinary taxes. Property owners may elect to pay any annual installments semi-
annually in advance.
th
Passed, approved and adopted this 16 day of June, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
CITY OF DUBUQUE, IOWA
2007/2008 SIDEWALK SNOW SHOVELING ASSESSMENTS
FINAL SCHEDULE OF VALUATION AND PROPOSED ASSESSMENTS
DATE: MAY 14, 2008
The following schedule is hereby determined to show each lot proposed to be assessed for the im-
provement shown in the title together with the amount proposed to be assessed against each lot 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, MAILING ADDRESS,
STREET ADDRESS; VALUATION WITH IMPROVEMENT, SIDEWALK ASSESSMENT
Danny Kennedy, LOT 1-2-1 SIEGERT PLACE, 1022183008, 2905 Asbury Road, Dubuque, IA
52001, 2905 Asbury Road, $90,000.00, $75.00
Paul & Shannon Coombs, LOT 2 BLK 4 DIRKSEN ADD, 1022337008, 1983 Avalon Road, Du-
buque, IA 52001, 1983 Avalon Road, $132,000.00, $50.00
Robert & Mindy Swift, LOTS 19 & 20 BLK 5 HILLCREST PARK, 1022333008, 2040 Avalon
Road, Dubuque, IA 52001, 2040 Avalon Road, $108,400.00, $75.00
Lisa Anderson, LOT 2-2 OF MIN LOT 47, 1036102004, 299 Bryant Street, Dubuque, IA 52003,
299 Bryant Street, $91,100.00, $50.00
David Dimmer & Dawn Hendren, LOT 3-3 OF MIN LOT 88 & PT OF MIN LOT 87, 1024356003,
1185 Center Place, Dubuque, IA 52001, 1185 Center Place, $72,500.00, $75.00
Michael & Stasia Brannon, LOT 6 & S 25' OF LOT 7 BLK 1 HILLCREST PARK, 1022404015,
489 South Grandview Avenue, Dubuque, IA 52003, 2059/2061 Chaney Road, $89,300.00, $75.00
Alan & Dawn Dialon, LOT 1-20 & 1-21 L H LANGWORTHY SUB & LOT 1-53 & E 65' OF S 1/2
OF LOT 52 MARSH'S ADD, 1024176038, 207 Clarke Dr., Dubuque, IA 52001, 207 Clarke Drive,
$108,600.00, $100.00
Edwin Petesch, LOT 1 STOCK PLACE, 1024176042, 295 Clarke Dr., Dubuque, IA 52001,
295/297 Clarke Drive, $91,500.00, $75.00
Ronald & Wanda Koenig, LOT 77 E LANGWORTHY'S ADD, 1013413004, 2210 Francis Street,
Dubuque, IA 52001, 2540 Elm Street, $47,400.00, $100.00
Dubuque Property Management LLC, E 17' LOT 5 OF CITY LOT 601 W 33' LOT 5 OF CITY
LOT 601, 1025260023 1025260022, 1766 Central Avenue, Dubuque, IA 52001, 432 Emmett
Street, $32,800.00, $75.00
Robert & Michele Runde, LOT 23 O'NEILLS SUB NO 3, 1026327008, 68 Gandolfo Street, Du-
buque, IA 52001, 68 Gandolfo Street, $111,400.00, $50.00
6
Kirk Anderson, LOT 138 HAMS ADD, 1118179001, 1790 Garfield Avenue, Dubuque, IA 52001,
1790 Garfield Avenue, $104,800.00, $75.00
Cary Homan, LOT 2-S 36'6"-E1/2-LOT 37 L H LANGWORTHY'S ADD, 1024208016, 2137
Jackson, Dubuque, IA 52001, 2137 Jackson, $36,300.00, $50.00
Herbert & Ruth Woller, LOT 1 GLENDALE ADD, 1013154001, 201 Bonnet Drive, East Dubu-
que, IL 61025, 2990 Jackson, $32,700.00, $75.00
Mcstac Properties LLC C/O Ted Stackis, LOT 3 SIEGES SUB, 1024131006, 3500 Dodge # 303,
Dubuque, IA 52003, 324 Kaufmann Avenue, $69,800.00, $100.00
Misty Johnson, W 1/2 OF LOT 5 SIEGES SUB, 1024131003, 332 Kaufmann Avenue, Dubuque,
IA 52001, 332 Kaufmann Avenue, $60,600.00, $50.00
Danielle Jaeger, N 296'-W 1/4-136 L H LANGWORTHY'S ADD, 1024106009, 356 Kaufmann
Avenue, Dubuque, IA 52001, 356 Kaufmann Avenue, $40,000.00, $50.00
Samuel Murley, LOT 2-138, 2-140 & 2-142 L H LANGS ADD, 1024106007, 366 Kaufmann Ave-
nue, Dubuque, IA 52001, 366 Kaufmann Avenue, $71,000.00, $50.00
Mcstac Properties LLC C/O Ted Stackis, LOT 1-1-1-3-145 & 2-2-1-147 & LOT 2-2-2-147 L H
LANGWORTHY'S ADD, 1024102021, 3500 Dodge # 303, Dubuque, IA 52003, 479 Kaufmann
Avenue, $75,900.00, $50.00
Calvin & Aseno Odhiambo, LOT 6 BLK 9 WESTCHESTER, 1021255017, 2123 Keyway Drive,
Dubuque, IA 52002, 2123 Keyway, $139,200.00, $125.00
Julie & David Lott, LOT 88 MC CRANEY'S 1ST ADD, 1118305009, 265 Alpine, Dubuque, IA
52001, 1302 Lincoln Avenue, $86,000.00, $75.00
Shaun Sadler, W 30' OF LOT 1 & S 40' OF W 30' OF LOT 2 OAKLAND PARK, 1023461017,
1325 Loras Blvd, Dubuque, IA 52001, 1325 Loras Blvd, $79,700.00, $100.00
Robert Nuewoehner, E 110' OF LOT 1 OAKLAND PARK, 1023461030, 1405 Mt. Pleasant
Street, Dubuque, IA 52001, 1405 Mt. Pleasant Street, $78,800.00, $225.00
Citifinancial, LOT 16 T S NAIRNS DUBUQUE, 1026279013, 7467 New Ridge Road Suite 222,
Hanover, MD 21076, 328 Booth Street, $88,500.00 , $75.00
Ronald Conrad, LOT 18 & LOT 1-19 IN CAIN SUB, 1024357009, 1707 S. Grandview Avenue
Apt. 3, Dubuque, IA 52003, 816 Rose Street, $154,000.00, $50.00
Robert & Shirley Stonskas, LOT 1 BLK 2 METTEL-Byrne add, 1021352020, 1753 Rosemont,
Dubuque, IA 52002, 1753 Rosemont, $147,100.00 , $100.00
Shelly Shaffer, LOT 2-1 BLK 9 SUNNYSLOPE ESTATES, 1020253006, 2201 Sunnyslope
Drive, Dubuque, IA 52002, 2201 Sunnyslope Dr., $167,600.00 , $50.00
Susan Czeshinski, LOT 1-1 BLK 9 SUNNYSLOPE ESTATES, 1020253005, 2203 Sunnyslope
Drive, Dubuque, IA 52002, 2203 Sunnyslope Dr., $169,300.00 , $50.00
Dubuque Property Management LLC, E 58' OF 1 OF 13 OF MIN LOT 172, LOT 2 OF 3-13 OF
MIN LOT 172, 2A OF1-4-13 M L 172, 1026132002, 1766 Central Avenue, Dubuque, IA 52001,
2069 University, $89,900.00 , $75.00
Tara Johnson C/O Queck Capital Management, LOT 138 FINLEY WAPLES & BURTONS ADD,
1026105011, 11893 Deer Valley Trail, Dubuque, IA 52001, 2485 University, $77,000.00 , $125.00
Dubuque Property Management LLC, LOT 1-1-46 OXFORD HGTS, 1025106004, 1766 Central
Avenue, Dubuque, IA 52001, 1010 University, $62,300.00, $375.00
Ana & Jesus Guillen, LOT 2-1 & W 30' -2 SUB LOTS 30 & 31 MOREHEISERS LOT 2-2- 16 & 1-
16 TSCHIRGI & SCHWINDS SUB, 1026134017, 1997 University Avenue, Dubuque, IA 52001,
1997 University, $60,400.00 , $75.00
Dubuqueland Properties LLC, LOT 12 NEW JACKSON SUB, 1013379013, PO Box 61, Dubu-
que, IA 52004, 2404 White Street, $68,300.00 , $75.00
Voshell, Valerie J F/K/A Valerie J Voshell-Miller, E 65' OF LOT 15 L H LANGWORTHY'S SUB
119-119 1/2 CLARKE DR, 1024134033, 119 Clarke Drive, Dubuque, IA 52001, 119 Clarke Dr.,
7
$59,600.00, $50.00
Young, Debra A, LOT 2-2 & LOT 2-1-2 L H LANGWORTHYS SUB, 1024182004, 120 Clarke
Drive, Dubuque, IA 52001, 120 Clarke Dr., $74,500.00, $50.00
Secretary Of Housing & Urban D C/O Best Assests Inc, LOT 4 BLK 2 JHILLCREST PARK,
1022402005, 501 Marquette Ave Suite 1200, Minneapolis MN 55406, 2145 Chaney Rd.,
$89,700.00, $75.00
Horseshoe Rental, LOT 2-224 FINLEY ADD 1646-1648 FINLEY, 1026103003, 1648 Finley
Street, Dubuque, IA 52001, 1648 Finley Street, $101,000.00 , $50.00
Jones, Margaret L, LOT 9 BLK 1 SUNNYSLOPE ESTATES, 1020406012, 1887 Hummingbird
Drive, Dubuque, IA 52002, 1887 Hummingbird Drive, $159,100.00 , $50.00
Amling, Janet M, LOT 11 OXFORD HGTS, 1025109013, 530 West Hillside Lane, Stockton, IL
61085, 969 Oxford, $99,900.00, $50.00
Adams, Gregory & Nancy, LOT 1-582 LENOX ADD, 1027229001, 15723 Sandwedge Court,
Dubuque, IA 52002, 1490 McPoland, $114,800.00, $150.00
Dubuque Property Mgmt., N 1/2 OF LOT 13 N 1/2 OF LOT 14 FARLEY SUB, 1024385001,
1766 Central Avenue, Dubuque, IA 52001, 694 West 11th Street, $79,800.00 , $75.00
Bookless, Jennifer L, LOT 2 OF 1 OF 8 & LOT 2 OF 1 OF 9 HAMBURG ADD, 1013454053, 705
East 22nd Street, Dubuque, IA 52001, 705 E 22nd Street, $61,900.0, $50.00
Teodoro Borrego & Shani Smith, LOT 7 BLK 12 WESTCHESTER SUB, 1021276007, 2216
Delmonico Street, Dubuque, IA 52002, 2216 Delmonico, $142,100.0, $300.00
Louis & Stacy Riccio, LOT 2-7 OF CITY LOT 675, 1024260007, 1783 Heeb Street, Dubuque, IA
52001, 1783 Heeb St, $47,100.00, $50.00
Cynthia Barry, S 1/2 LOT 77 EAST DUBUQUE ADD, 1024281017, 2204 Rhomberg Avenue # 1,
Dubuque, IA 52001, 1503 Washington, $51,800.00, $50.00
Thomas & Rita Buelow, LOTS 7 & 8 KINGS GROVE ADD, 1013312006, 2629 Broadway, Du-
buque, IA 52001, 2629 Broadway, $67,200.00, $50.00
Timothy McDonald, LOT 1-1 CAROLINE MAY PLACE, 1026478006, 1360 Curtis Street, Dubu-
que, IA 52001, 1360 Curtis, $124,400.00, $50.00
Dubuque Property Management LLC, LOT 9 RECHES SUB 1862-1864 DELHI, 1026210002,
1776 Central Avenue, Dubuque, IA 52001, 1864 Delhi, $100,700.00 , $150.00
Alan Haugen, LOT 34 BURTON'S ADD, 1014376028, P O Box 533, Dubuque, IA 52004, 1149
Kaufmann Avenue, $90,400.00 , $50.00
Sacred Heart Church, LOT 1-3 OF MIN LOT 467, 1013482005, 2215 Windsor Ave., Dubuque,
IA 52001, Sacred Heart Parking Lot 22nd & Windsor Ave., , $150.00
Toby & Laura Benson, LOT 236 WOODLAWN PARK ADD, 1023387009, 1625 North Algona,
Dubuque, IA 52001, 1625 North Algona, $117,600.00, $50.00
Freedom Development CO LLC C/O Ryan Kilburg, LOT 1-58 MC CRANEY'S 1ST ADD 1311-
1313 RHOMBERG AVE, 1118305014, 2250 Kennedy Circle Suite 7, Dubuque, IA 52002, 1311
Rhomberg, $88,100.00 , $50.00
Randall & Susan Weber, LOT 4 BLK 4, LOT 5 BLK 4, LOT 6 BLK 4, GRANDVIEW PARK ADD,
1025359002, 535 S. Grandview, Dubuque, IA 52003, 535 South Grandview Avenue, $201,700.00 ,
$100.00
Dubuque Property Management LLC, LOT 1-58 IN S M LANGWORTHYS ADD 1158-1160
UNIVERSITY, 1026232003, 1766 Central Avenue, Dubuque, IA 52001, 1158 / 1160 University,
$125,700.00 , $200.00
Leroy & Carol Ruden, N PT OF LOT 5 MOBLEY'S DUBUQUE, 1025129001, 412 4th Avenue,
Dyersville, IA 52040, 890 Wilson, $74,900.00, $75.00
Exodus Two Holdings LLC, ALL BLK 10 SUNSET PARK SUB #2, 1021407001, 3197 Highland
Park Drive, Dubuque, IA 52001, 3660 Hillcrest Road, $156,900.00 , $75.00
8
Thomas & Gerri Coffman, E 52' LOT 1 - 2 MATTOX SUB, 1025179005, 640 W. 5th St. , Dubu-
que, IA 52001, 640 W. 5th Street, $83,800.00 , $75.00
Dubuque Property Management LLC, LOT 4 GEO MARTINS SUB 754-754 1/2 W 5TH ST,
1025178008, 1766 Central Avenue, Dubuque, IA 52001, 754 W. 5th Street, $103,900.00, $75.00
Waylen Hackbarth, LOT 9 DEMING & HORRS SUB, 1025154003, 626 Alta Vista, Dubuque, IA
52001, 934 W. 5th Street, $93,100.00, $200.00
Robert Neuwoehner, LOT 1-3 KEOGHS SUB, 1025109044, 845 Wilson, Dubuque, IA 52001,
845 Wilson, $83,200.00, $50.00
Dubuque Property Management LLC, LOT 38 S M LANGS ADD 773-775 N BOOTH,
1026236011, 1766 Central Avenue, Dubuque, IA 52001, 773 / 775 North Booth, $110,900.00 ,
$75.00
Jesse Rans, E 24' OF LOT 22 COX'S ADD, 1024177022, 125 Kayle Drive, Manchester, IA
52057, 2008 Foye Street, $43,000.00 , $200.00
Donald Jacquinot, LOT 1-15 COOLEY'S SUB, 1024329012, 5 Main St, Dubuque, IA 52001, 396
W. Locust, $40,400.00 , $275.00
Seven Hills Development, LOT 2 PROCTORS SUB 917-919 W 5TH ST, 1025109069, 2955 St
Anne Drive, Dubuque, IA 52001, 917 / 919 W. 5th Street, $100,200.00 , $75.00
Jason Bowman, LOT 1 BLK 1 LEWIS HEIGHTS, 1022128007, 3003 Kaufmann Avenue, Dubu-
que, IA 52001, 3003 Kaufmann Avenue, $100,800.00 , $50.00
Frugal Mule Properties LLC, LOT 1-2-1-39 KELLYS SUB, 1025133034, 50 Apple Hill Drive,
Blue Mounds WI 53517, 695 Hill Street, $41,400.00, $50.00
Michelle Divino C/O Dubuqueland Properties LLC, LOT 2 SCHILTZ SUB, 1026229013, P O Box
61, Dubuque, IA 52004, 925 Nevada Street, $129,600.00, $125.00
Christopher & Christine Feldman, LOT 13 BLK 1 SUNSET PARK SUB # 4, 1021357006, 1675
Amy Court, Dubuque, IA 52002, 1675 Amy Court, $132,400.00 , $75.00
Shawn & Tracy Reddick, LOT 1 BLK 1 SUNSET PARK SUB # 4, 1021357001, 1698 Marjorie
Circle, Dubuque, IA 52002, 1698 Marjorie Circle, $115,800.00 , $75.00
Christopher & Jane Salladay, LOT 1-27 WOODLAWN PARK ADD & LOT 2-44 ROSEDALE
ADD, 1023404018, 1843 Adair, Dubuque, IA 52001, 1843 Adair Street, $83,700.00 , $50.00
Toni McNatt, LOT 1-2-1-1-3 R BROWNS SUB, 1025135014, 749 W. 5th Street, Dubuque, IA
52001, 749 W. 5th Street, $102,900.00, $50.00
Greg Prehm, LOT 4 M A MCDANIELS SUB 574-576 CHESTNUT, 1024381006, 8505 Southern
Hills Ct., Dubuque, IA 52003, 574 / 576 Chestnut, $172,700.00, $125.00
Stacy Bries, LOT 496 HAMS ADD 2108-2112 LINCOLN, 1107453001, 2108 Lincoln Avenue,
Dubuque, IA 52001, 2108 Lincoln Avenue, $98,800.00, $75.00
Francis Henkles, S 1/2 OF W 170' OF LOT 302 DAVIS FARM ADD, 1013152007, 1400 Univer-
sity Avenue, Dubuque, IA 52001, 2948 Central, $95,000.00 , $75.00
Jimmy & Debbie Matheos, LOT 1-2-2-1 OF N 2/5 CITY LOT 461, 1024411009, 290 S. Grand-
view, Dubuque, IA 52003, 1375 Iowa, $30,200.00, $50.00
Five Star Realty Investments LLC, N 50' OF N 96'6" OF LOT 36 FARLEY'S SUB 634-636 JEF-
FERSON, 1024389002, 1911 Hummingbird Drive, Dubuque, IA 52002, 634 Jefferson, $70,100.00,
$50.00
Rjd Investments LLC, LOT 1-21 BLK 10 SUNSET PARK SUB, 1016427018, 12426 Barony
Drive, Dubuque, IA 52001, 2811 Kennedy Road, $147,300.00 , $200.00
Rjd Investments LLC, LOT 4-21 BLK 10 SUNSET PARK SUB, 1016427017, 12426 Barony
Drive, Dubuque, IA 52001, 2829 Kennedy Road, $148,300.00 , $200.00
Thomas & Edward Holden, W 83' LOT 7 A L BROWNS SUB, 1024340005, 1355 Candlestick
Way, Waukegan, IL 60085, 472 Loras Blvd, $66,200.00 , $75.00
Jenk Enterprises Inc., LOT 1 A L BROWNS SUB, 1024340014, PO Box 833, Polson MT 59860,
9
412 Loras Blvd, $65,900.00 , $50.00
Nadine Banfield, LOT 17 A STINES SUB, 1013434020, 932 Merz, Dubuque, IA 52001, 932
Merz, $62,400.00, $50.00
Julie Lott, LOT 18 A STINES SUB, 1013434019, 265 Alpine Street, Dubuque, IA 52001, 930
Merz, $71,900.00, $50.00
Kt&T Holdings, N 23.2' OF M 1/5 OF CITY LOT 451 1555-1555 1/2 CENTRAL AVE,
1024403013, 1765 Glenwood Court, Dubuque, IA 52002, 1555 Central, $42,300.00 , $50.00
John & Sally Herrig, LOT 4-143 L H LANGWORTHY'S ADD, 1024102029, 13750 Surrey Lane,
Dubuque, IA 52001, 425 Kaufmann Ave., $75,700.00, $50.00
Clara Craig Finger, LOT 2-1-1-1-1 SMYTHS SUB, 1023329021, 1955 Clarke Drive, Dubuque,
IA 52001, 1955 Clarke Dr., $104,000.00, $50.00
Daniel Hansen, LOT 2-1-2-1 DIRKSEN PLACE, 1022337001, 3025 Hillcrest Road, Dubuque, IA
52002, 3025 Hillcrest Rd., $121,600.00, $50.00
Francois, James R & Healey, Aaron L, LOT 2-1-5 & LOT 2-5 L H LANGWORTHYS SUB,
1024251007, 1138 Hansel, Peosta, IA 52068, 97 Clarke Drive , $78,100.00 , $50.00
Carter, Kristopher J, LOT 2 HODGES SUB #2, 1026252010, 1764 Bennett, Dubuque, IA 52001,
1764 Bennett, $101,400.00, $50.00
Kt&T Holdings, N 41.2' OF M 1/5 OF CITY LOT 469, 1024410007, 1357 Main Street, Dubuque,
IA 52001, 1357 Main St., $96,600.00 , $75.00
Thomas & Stacy Downing, LOT 1-8 RECHES SUB 1874-1876 DELHI, 1026210001, 1028 W.
3rd Street, Dubuque, IA 52001, 1874 Delhi, $106,000.00 , $50.00
William Lynch, LO 1 MANNING PLACE, 1028227022, 3423 Glencove Lane, Dubuque, IA
52002, 3423 Glencove, $149,800.00, $75.00
Mullett Enterprises LLC, LOT 2-1 OF CITY LOT 667 1439-1441 BLUFF ST, 1024338010, 14858
West Ridge Lane Suite 1, Dubuque, IA 52003, 1439 Bluff, $35,400.00, $75.00
Dubuque Property Management LLC, LOT 78 L H LANGWORTHY'S ADD 2271-2273 WASH-
INGTON, 1013459029, 1766 Central Avenue, Dubuque, IA 52001, 2271 Washington, $84,100.00,
$125.00
Edward & Carol Marinko, LOT 2-8 KELLYS SUB, 1025129012, 2925 Shiras, Dubuque, IA
52001, 704 University, $76,300.00, $50.00
Edward & Carol Marinko, LOT 7 KELLYS SUB, 1024129011, 2925 Shiras, Dubuque, IA 52001,
712 University, $77,400.00, $50.00
Community Economic Betterment Account Contract: City Manager recommending approval of the
Community Economic Betterment Account contract with the Iowa Department of Economic Develop-
ment for Medline Industries, Inc. Upon motion the documents were received and filed and Resolution
No. 196-08 Authorizing a Community Economic Betterment Account (CEBA) contract on behalf of
Medline Industries, Inc. was adopted.
RESOLUTION NO. 196-08
A RESOLUTION AUTHORIZING A COMMUNITY ECONOMIC BETTERMENT ACCOUNT (CEBA)
CONTRACT ON BEHALF OF MEDLINE INDUSTRIES, INC.
Whereas, Medline Industries, Inc. has proposed the expansion of its operations in Dubuque, Iowa;
and
Whereas, the City Council of Dubuque, Iowa has considered said proposal and has determined
that the proposed project will contribute to the local economy through the creation of 75 new jobs for
area residents; and
Whereas, the Iowa Department of Economic Development's Community Economic Betterment Ac-
count (CEBA) was designed to assist in the economic development efforts of local jurisdictions; and
10
Whereas, the City of Dubuque, Iowa has been awarded funding from the CEBA program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the contract for a Community Economic Betterment Account (CEBA) contract on
behalf of Medline Industries, Inc. is hereby approved.
Section 2. That the Mayor is hereby authorized to execute the contract with the Iowa Department
of Economic Development together with such documents as may be required.
th
Passed, approved, and adopted this 16 day of June, 2008.
Roy D. Buol, Mayor
Attest: Jeanne Schneider, City Clerk
Dubuque Industrial Center West – Chavenelle Court 2008 Project: City Manager recommending
award of the public improvement contract for the Dubuque Industrial Center West – Chavenelle Court
2008 Project to Horsfield Construction, Inc. in the amount of $598,247.63. Upon motion the docu-
ments were received and filed and Resolution No. 197-08 Awarding public improvement contract for
the Dubuque Industrial Center West – Chavenelle Court 2008 Project was adopted.
RESOLUTION NO. 197-08
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE DUBUQUE INDUSTRIAL CENTER
WEST – CHAVENELLE COURT 2008 PROJECT
Whereas, sealed proposals have been submitted by contractors for the Dubuque Industrial Center
West – Chavenelle Court 2008 Project (the Project) pursuant to Resolution No. 173-08 and Notice to
rd
Bidders published in a newspaper published in the City of Dubuque, Iowa on the 23 day of May,
2008.
th
Whereas, said sealed proposals were opened and read on the 5 day of June, 2008 and it has
been determined that Horsfield Construction, Inc. of Epworth, Iowa, with a bid in the amount of
$598,247.63, is the lowest responsive, responsible bidder for the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That a Public Improvement Contract for the Project is hereby awarded Horsfield Construction, Inc.
and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the
City of Dubuque for the Project.
th
Passed, approved and adopted this 16 day of June, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Dubuque County Board of Health: City Manager recommending approval of a letter of support for
the Harkin Wellness Grant Application being submitted by the Dubuque County Board of Health.
Upon motion the document was received, filed, and approved.
Specific and Aggregate Stop Loss Insurance Renewal: City Manager recommending acceptance of
the proposal from Companion Life for the City’s Specific and Aggregate Stop Loss Insurance. Upon
motion the documents were received, filed, and approved.
Middle Fork Catfish Creek Hike/Bike Trail Feasibility Study: City Manager recommending approval
to negotiate a contract with MSA Professional Services for the Middle Fork Catfish Creek Hike/Bike
Trail Feasibility Study for the proposed fee of $55,400. Upon motion the documents were received,
filed, and approved.
11
North Fork Catfish Creek Sanitary and Stormwater Drainage Improvements Project: City Manager
recommending approval of the State Environmental Information Document that is a prerequisite for
the use of State Revolving Loan Funds. Upon motion the documents were received, filed, and ap-
proved.
Asbury Plaza Area Wastewater Pumping Facilities Project: City Manager recommending approval
of an agreement with Interstate Power and Light Company whereby Interstate will extend electric dis-
tribution facilities to the two pump stations associated with the Asbury Plaza Area Wastewater Pump-
ing Facilities 2007 Project. Upon motion the documents were received, filed, and approved.
Business Licenses: City Manager recommending approval of annual liquor license renewals as
submitted. Upon motion the documents were received and filed and Resolution No. 198-08 Granting
the issuance of 34 cigarette license renewals; Resolution No. 199-08 Granting the issuance of a
Class “B” Beer Permit to Colts Community Center; and a Class “C” Beer Permit to Haun’s Specialty
Meats and Pioneer’s Rest Area; and Resolution No. 200-08 Granting the issuance of a Class “C”
Beer/Liquor License to Diamond Jo Casino, Applebee’s Grill, American Legion, Dubuque Bowling
Lanes, Creslanes Bowling, Five Flags Center, Paul’s Tavern, Hi Ho Mongolian Grill, and Murphs
th
South End; Special Class “C” Liquor License to Pizza Hut – 320 East 20, Pizza Hut – 2075 John F.
Kennedy Road, Rotary Club, and Monks Kaffee Pub; Cass “B” Wine Permit to Basket Expressions
and Ooh La La; and Class “WBN” (Native Wine) Permit to Diamond Jo Casino were adopted.
RESOLUTION NO. 198-08
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the following having complied with the provisions of law relating to the sale of Cigarettes with-
in the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said
City.
34 RENEWALS
16th St Auto Truck Plaza Mulgrew Oil Company 1215 E. 16 th Street
Beecher Beverage/Conoco Beecher Company Inc. 1691 Asbury Road
Big 10 Mart Molo Oil Company 1875 JFK Road
Big 10 mart Molo Oil Company 2100 JFK Road
Casey General Store #2421 Casey’s Marketing 4003 Peru Road
Casey General Store #2420 Casey’s Marketing 2699 Rockdale Road
DBQ Greyhound Park/Casino DBQ Racing Association 1855 Greyhound Park
Hartig Drug Company # 2 Hartig Drug Company 157 Locust Street
Hartig Drug Company # 3 Hartig Drug Company 2255 JFK Road
Hartig Drug Company # 4 Hartig Drug Company 2225 Central Avenue
Hartig Drug Company # 8 Hartig Drug Company 1600 University Avenue
Hiba Petroleum Omer Faroog 700 Rhomberg Avenue
Hy-Vee Food Store # 1 Hy-Vee, Inc. 3500 Dodge Street
Hy-Vee Food Store # 2 Hy-Vee, Inc. 2395 NW Arterial
Hy-Vee Gas # 2 Hy-Vee, Inc. 2435 NW Arterial
Hy-Vee Gas # 3 Hy-Vee, Inc. 300 S Locust Street
Hy-Vee Food Store # 3 Hy-Vee, Inc. 400 S Locust Street
Hy-Vee Wine & Spirits # 1 Hy-Vee, Inc. 3500 Dodge Street
Iowa Potatoe & Produce House Tobacco World 3341 Hillcrest Road
Phillips 66 Liberty Station LLC 10 S Main Street
Plaza 20 BP/Amoco R Future 2600 Dodge Street
12
Puff n Snuff Molo Oil Company 1101 Rhomberg Avenue
Road Range # 159 Road Ranger LLC 2175 Central Avenue
Road Ranger # 160 Road Ranger LLC 3270 Dodge Street
Road Ranger #161 Road Ranger LLC 4110 Dodge Street
Ron’s 5 Point Mart R Future, Inc 405 Rhomberg Avenue
Ron’s Discount Smokes & Bev. Center RKM LLC 1450 Loras Blvd.
Ron’s Discount Smokes & Bev. Center RKM LLC 3300 Asbury Road
Sam’s Club # 4973 Wal-Mart Stores Inc. 4400 Asbury Road
Sid’s Beverage Sid’s Beverage 2727 Dodge Street
Tobacco Outlet Plus #504 Kwik Trip, Inc. 806 Wacker Drive
Wal-Mart Supercenter # 2004 Wal-Mart Store Inc. 4200 Dodge Street
Walgreens # 6154 Walgreen Co 2260 JFK Road
Walgreens # 9708 Walgreen Co. 55 JFK Road
Passed, approved and adopted this16th day of June, 2008
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 199-08
Whereas, applications for Beer Permits have been submitted and filed to this Council for approval
and the same have been examined and approved: and
Whereas, the premises to be occupied by such applicants were inspected and found to comply
with the Ordinances of the City and have filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the Manager be authorized to cause to be issued the following named applicants a Beer
Permit.
CLASS “B” BEER PERMIT
Legionnaires Drum Corps Colts Community Center+(Sunday Sale) 1101 Central Avenue
CLASS “C” BEER PERMIT
Early times LLC Haun’s Specialty Meats 3033 Asbury Road
Pioneers’ Rest Area Pioneer’s Rest Area+(Sunday Sale) 4900 Old Highway Road
Passed, approved and adopted this 16th day of June, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 200-08
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 Li-
cense.
CLASS “C” BEER/LIQUOR LICENSE
Diamond Jo, LLC Diamond Jo Casino-Portside 400 E. 3rd Street
+(Sunday/Outdoor Sale)
Apple Corp. Applebee’s Grill & Bar+(Sunday Sale) 1395 Associates
13
Dubuque Post # 6 American Legion+(Sunday Sale) 1306 Delhi Street
James Ferring Dubuque Bowling Lanes+(Sunday Sale) 1029 ½ Main Street
Creslanes Bowling, Inc Creslanes Bowling+(Sunday Sale) 255 S. Main Street
SMG Food & Beverage Five Flags Center+(Sunday Sale) 405 Main Street
Tom Koch, Inc Paul’s Tavern+(Sunday Sale) 176 Locust Street
Mai Nguyen Inc Hi Ho Mongolian Grill Dubuque 2660 Dodge Street
Pamela Murphy Murphs South End Tap 55 Locust Street
SPECIAL CLASS “C” LIQUOR
Pizza Hut of American Pizza Hut+(Sunday Sale) 320 E. 20 th Street
Pizza Hut of American Pizza Hut+(Sunday Sale) 2075 JFK Road
Rotary Club of Dubuque Rotary Club+(Sunday Sale) 135 W. 8 th Street
D. Swift & R Worcester Monks Kaffee Pub+(Sunday Sale) 373 Bluff Street
CLASS “B” WINE
Mildred M. Dolter Basket Expressions 474 Bluff
Creative Touch Gallery Ooh La La 3460 Hillcrest Road
CLASS “WBN” (NATIVE WINE)
Diamond Jo, LLC Diamond Jo Casino-Portside 400 E 3 rd Street
Passed, approved and adopted this 16th day of June, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
ITEM TO BE SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the documents, set the public hearing as indicated, and direct
the City Clerk to publish notice as prescribed by law. Seconded by Connors. Motion carried 7-0.
Terminal Street Pumping Station Project: City Manager recommending initiation of the public bid-
ding process for the Terminal Street Pumping Station Project and that a public hearing be set for July
7, 2008 to consider approval of the plans and specifications, form of contract and estimated cost.
Upon motion the documents were received and filed and Resolution No. 201-08 Preliminary approval
of plans, specifications, form of contract, and estimated cost, setting date of public hearing and order-
ing bids for the Terminal Street Pumping Station Project was adopted setting a public hearing for a
meeting to commence at 6:30 p.m. on August 4, 2008, in the Historic Federal Building.
RESOLUTION NO. 201-08
TERMINAL STREET PUMPING STATION IMPROVEMENTS
PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTI-
MATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF
CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
The proposed plans, specifications, form of contract and estimated cost for the Terminal Street
Pumping Station Improvements, in the estimated amount $559,000 are hereby preliminarily approved
and ordered filed in the office of the City Clerk for public inspection.
th
A public hearing will be held on the 4 day of August, 2008, at 6:30 p.m. in the Historic Federal
Building Council Chambers 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 hear-
ing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which no-
14
tice 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.
The Terminal Street Pumping Station Improvements Project is hereby ordered to be advertised for
bids for construction.
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.
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 not less than four but
th
not more than forty-five days before the date for filing bids before 2:00 p.m. on the 17 day of July,
2008. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City
th
Council for final action at 6:30 p.m. on the 4 day of August, 2008, in the Historic Federal Building
th
Council Chambers (second floor), 350 West 6 Street, Dubuque, Iowa.
th
Passed, adopted and approved this 16 day of June, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
BOARDS/COMMISSIONS
Appointments to the following Boards/Commissions:
Historic Preservation Commission: Two 3-year terms through July 1, 2011 (Terms of Wand, Archi-
tect/At-Large; and Wainwright, Langworthy District), One 3-year vacant term through July 1, 2012
(Term of Coty, Cathedral District). Applicant: Chris Wand, 940 Mt. Pleasant Street (Architect/At-Large
requirement). Motion by Connors to appoint Chris Wand to the Historic Preservation Commission for
a 3-year term through July 1, 2011. Seconded by Voetberg. Motion Carried 7-0.
Investment Oversight Advisory Commission: One 3-year term through July 1, 2011 (Term of
Blocker). Applicant: Virgil Blocker, 1850 Carter Road. Motion by Braig to appoint Virgil Blocker to the
Investment Oversight Commission for a 3-year term through July 1, 2011. Seconded by Jones. Mo-
tion carried 7-0.
Long Range Planning Advisory Commission: Two 3-year terms through July 1, 2011 (Terms of
Krueger and Oswald). Applicants: Lou Oswald, 1080 Nowata Street; Richard Van Iten, 3273 Bitters-
weet Lane; Alan Vincent, 1010 Dunham Drive (application resubmitted). Upon roll call vote, Richard
Van Iten and Alan Vincent were appointed to the Long Range Planning Advisory Commission for 3-
year terms though July 1, 2011.
Park and Recreation Advisory Commission: Three 3-year terms through June 30, 2011 (Terms of
Blocklinger, Daykin, and Nadeau). Applicants: Mark Noble, 1810 Rosemont Street; Tom Blocklinger,
3177 Erie Court; Evelyn Nadeau, 663 Fenelon Place. Motion by Connors to appoint Mark Noble, Tom
Blocklinger, and Evelyn Nadeau to the Park and Recreation Advisory Commission for 3-year terms
through June 30, 2011. Seconded by Voetberg. Motion carried 7-0.
TV Cable Community Teleprogramming Commission: Three 3-year terms through June 30, 2011
(Terms of Maloney, Herrig, and Hoverman). Applicants: Pauline Maloney, 506 St. George Street;
nd
George Herrig, 2395 West 32 Street (Additional Applicant). Motion by Connors to appoint Pauline
Maloney and George Herrig to the TV Cable Community Teleprogramming Commission for 3-year
terms through June 30, 2011. Seconded by Braig. Motion carried 7-0.
TV Cable Regulatory Commission: Two 3-year terms through June 30, 2011 (Terms of Tigges and
Webster). Applicants: Kenneth Miller, 195 Julien Dubuque Drive; Walt Webster, 3509 Asbury Road;
Ron Tigges, 4927 Wildflower Drive (Additional Applicant). Upon roll call vote Walt Webster and Ron
Tigges were appointed to the TV Cable Regulatory Commission for 3-year terms through June 30,
15
2011.
Zoning Advisory Commission: Three 3-year terms through July 1, 2008 (Terms of Christ, Schiltz
and Smith); One 3-year vacant term through July 1, 2010 (Term of Bird). Applicants: Martha Christ,
88 Princeton; Thomas Henschel, 995 June Drive; Richard Schiltz, 2381 Carter Road; Ron Smith,
1640 Justin Lane; Ferd Nesler, 4125 Mt. Alpine Street; Patrick Norton, 2739 Burden Avenue (Addi-
tional Applicant). Upon roll call vote Martha Christ, Tom Henschel, and Ron Smith were appointed to
the Zoning Advisory Commission for 3-year terms through July 1, 2011; and Patrick Norton was ap-
pointed to a 3-year vacant term through July 1, 2010.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone to address the City Council.
Request to Annex - Property South of Old Highway Road and West of Railroad Line (Tabled on
June 2, 2008): City Manager recommending approval of the annexation of property south of Old
Highway Road and west of railroad line in conjunction with rezoning.
Communication from the Planning Services Manager providing information on the Request for Vo-
luntary Annexation by Toby Kress, Kress Industrial Facility.
Motion by Connors to receive and file the documents and conduct a public hearing. Seconded by
Jones. Motion carried 7-0. Toby Kress, 12998 English Mill Road, requested that after the public hear-
ing action on the annexation be tabled to July 21, 2008. He stated that weather has delayed the in-
stallation of galvanized culverts that would have to be replaced with more costly concrete culvert re-
quired by the City should the installation occur after annexation. Upon discussion it was revealed that
the road requiring the culvert was private property and exempt from the City’s culvert requirements.
Jones questioned if a condition could be added to the ordinance that the road Mr. Kress referenced
remain private. Lynch concurred with the City Manager stating that this could be a problem in the fu-
ture. Joe Vize, 12055 Cottingham Road, stated that he and the neighbors met with Mr. Kress regard-
ing their concerns but there is no legal contract to insure Mr. Kress will fulfill requests. William Ches-
terman, 12085 Cottingham Road, expressed concerns about Mr. Kress not doing the project, selling
the land, and the potential then for heavy industrial development. Mr. Chesterman reminded the City
Council of the County Board of Supervisors and the City’s Zoning Advisory Commission’s denial of
the project. Gary Johnson, 12098 Cottingham Road, expressed concerns about future changes in
zoning from Light Industrial to Heavy Industrial, the rail spur, and who will provide police and fire ser-
vices. Upon questioning, Planning Services Manager Laura Carstens stated that this was similar to
“flag pole” annexation. She stated that if approved, it would go before the City Development Board.
She was confident the Development Board would approve the project.
Motion by Connors to table a proposed resolution approving an application for Voluntary Annexa-
tion of property south of Old Highway Road and west of railroad line. Seconded by Jones. Motion car-
ried 6-1 with Lynch voting nay.
Disposal of City Property West of Shiras Avenue: Proof of publication on notice of public hearing to
consider a request from Kevin and Paula Wade to purchase a portion of City-owned property adjacent
to 2290 Shiras Avenue and City Manager recommending approval. Motion by Connors to receive and
file the documents and adopt Resolution No. 202-08 Disposing of City interest in Lot 2 of Park View
No. 2 in the City of Dubuque, Dubuque County, Iowa. Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 202-08
RESOLUTION DISPOSING OF CITY INTEREST IN LOT 2 OF PARK VIEW NO. 2 IN THE CITY OF
DUBUQUE, DUBUQUE COUNTY, IOWA
16
Whereas, pursuant to resolution and published notice of time and place of hearing, published in
the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on
thth
this 6 day of June, 2008, the City Council of the City of Dubuque, Iowa met on the 16 day of June,
th
2008, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6
Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described
as: Lot 2 of Park View No. 2 in the City of Dubuque, Dubuque County, Iowa
Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or
written to the proposal to sell such real estate, except for easement as noted.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the sale of City of Dubuque real property described as Lot 2 of Park View No. 2 in
the City of Dubuque, Dubuque County, Iowa, to Kevin R. and Paula M. Wade be and the same is he-
reby approved for the sum of $300.00, plus the cost of surveying, platting, recording, publication, and
filing fees. Conveyance shall be by Quit Claim Deed.
Section 2. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City
Clerk be and is hereby authorized and directed to deliver said deed of conveyance to Kevin R. and
Paula M. Wade upon receipt of the purchase price in full.
Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of
this resolution in the offices of the City Assessor, Dubuque County Recorder and Dubuque County
Auditor.
th
Passed, approved and adopted this 16 day of June, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Locust Street Connector and Central Avenue Traffic Control Camera and Fiber Optic Project: Proof
of publication on notice of public hearing to consider approval of the plans and specifications, form of
contract and estimated cost for the Locust Street Connector and Central Avenue Traffic Control Cam-
era and Fiber Optic Project and City Manager recommending approval. Motion by Jones to receive
and file the documents and adopt Resolution No. 203-08 Approving plans, specifications, form of con-
tract, and estimated cost, setting date of public hearing and ordering bids for the Locust Street Con-
nector and Central Avenue Traffic Control Camera and Fiber Optic Project. Seconded by Connors.
Motion carried 7-0.
RESOLUTION NO. 203-08
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST
FOR THE LOCUST STREET CONNECTOR AND CENTRAL AVENUE TRAFFIC CONTROL CAM-
ERA AND FIBER OPTIC IMPROVEMENTS 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 Locust Street
Connector and Central Avenue Traffic Control Camera and Fiber Optic Improvements Project, in the
estimated amount $555,842.00, are hereby approved.
th
Passed, adopted and approved this 16 day of June, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Sewer Revenue Capital Loan Notes: Proof of publication on notice of public hearing to consider the
issuance of not to exceed $1,141,000 Sewer Revenue Capital Loan Notes (State of Iowa Revolving
Fund Loan) for construction of the North Fork Catfish Creek Stormwater and Sanitary Sewer Im-
17
provements, Phase I Sanitary Sewer Project and City Manager recommending approval. Motion by
Jones to receive and file the documents and adopt Resolution No. 204-08 Instituting proceedings to
take additional action for the authorization of a loan and disbursement agreement and the issuance of
not to exceed $1,141,000 Sewer Revenue Capital Loan Notes. Seconded by Lynch. Motion carried 7-
0.
RESOLUTION NO. 204-08
RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AU-
THORIZATION OF A LOAN AND DISBURSEMENT AGREEMENT AND THE ISSUANCE OF NOT
TO EXCEED $1,141,000 SEWER REVENUE CAPITAL LOAN NOTES
WHEREAS, pursuant to notice published as required by law, this Council has held a public meet-
ing and hearing upon the proposal to institute proceedings for the authorization of a Loan and Dis-
bursement Agreement by and between the City and the Iowa Finance Authority, and the issuance to
the Iowa Finance Authority of not to exceed $1,141,000 Sewer Revenue Capital Loan Notes to evi-
dence the obligations of the City under said Loan and Disbursement Agreement, for the purpose of
paying costs of acquisition, construction, reconstruction, extending, remodeling, improving, repairing
and equipping all or part of the Municipal Sewer System, including those costs associated with con-
struction of the North Fork Catfish Creek Stormwater and Sanitary Sewer Improvements, Phase I Sa-
nitary Sewer Project, and has considered the extent of objections received from residents or property
owners as to said proposal and, accordingly the following action is now considered to be in the best
interests of the City and residents thereof:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That this Council does hereby institute proceedings and takes additional action for the
authorization of a Loan and Disbursement Agreement by and between the City and the Iowa Finance
Authority, and the issuance to the Iowa Finance Authority in the manner required by law of not to ex-
ceed $1,141,000 Sewer Revenue Capital Loan Notes for the foregoing purpose.
Section 2. That this Council does hereby consent to the terms and conditions of the SRF Loan
Program, which terms and conditions and the disclosures provided with respect thereto are hereby
acknowledged, accepted and approved.
Section 3. That the City Clerk, with the assistance of the City Attorney and bond counsel, is hereby
authorized and directed to proceed with the preparation of such documents and proceedings as shall
be necessary to authorize the City's participation in the SRF Loan Program, to select a suitable date
for final Council authorization of the required Loan and Disbursement Agreement and issuance of the
Note to evidence the City's obligations thereunder, and to take such other actions as the Clerk shall
deem necessary to permit the completion of a loan on a basis favorable to the City and acceptable to
this Council.
Section 4. That this Resolution be and does hereby serve as a declaration of official intent under
Treasury Regulation 1.150-2, because the City reasonably expects to reimburse with the proceeds of
the Notes, all or a portion of original expenditures incurred in connection with the above purposes.
th
Passed and approved this 16 day of June, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Bricktown Parking Lot: Proof of publication on notice of public hearing to consider approval of a
loan from Dubuque Initiatives in the amount of $400,000 to finance the purchase of the Bricktown
rd
Parking Lot located on the southeast corner of Locust and 3 Streets and a purchase agreement with
Paul M. Fahey for the Bricktown Parking Lot and City Manager recommending approval. Motion by
Jones to receive and file the documents and adopt Resolution No. 205-08 Approving and authorizing
18
execution of a Loan Agreement between the City of Dubuque and Dubuque Initiatives, in the principal
amount of $400,000; and Resolution No. 206-08 Approving an agreement for the purchase of real es-
tate in the City of Dubuque, Iowa from Paul M. Fahey. Seconded by Voetberg. Resnick questioned
the potential for soil problems through the IDNR due to the gas station that previously occupied the
site. Economic Development Director Dave Heiar stated that he met with Terracon last week and ex-
pected minimal problems. Van Milligen responded to a question by Connors stating that Bricktown will
pay the City $1,000 per month to guarantee they will have a parking lot. Motion carried 7-0.
RESOLUTION NO. 205-08
RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF A LOAN AGREEMENT BE-
TWEEN THE CITY OF DUBUQUE AND DUBUQUE INITIATIVES, IN THE PRINCIPAL AMOUNT
OF $400,000
WHEREAS, it is deemed necessary and advisable that the City of Dubuque, Iowa (the "City"),
should provide for the authorization of a Loan Agreement in the principal amount of $400,000 (the
"Agreement"), between the City, as Recipient, and Dubuque Initiatives, as Lender, as authorized by
Sections 384.24A and 384.83, Code of Iowa, as amended, a copy of which is now before this Council
and incorporated herein by this reference, for the purpose of acquiring the real property described
therein from Paul M. Fahey; and
WHEREAS, the Agreement shall be payable from the Parking Fund of the City; and
WHEREAS, before such an agreement may be authorized, it is necessary to comply with the
provisions of the 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
agreement and to receive oral and/or written objections from any resident or property owner of the
City to such action; and
WHEREAS, by Resolution No. 186-06 adopted June 2, 2008, this Council set a public hearing
on the proposal to enter into the Agreement for its meeting of June 16, 2008, 2008 at 6:30 P.M. in the
Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, and due and proper notice of said
public hearing was given, as provided by law, by publication in the Telegraph-Herald on June 6, 2008,
which notice set forth the time and place for the hearing and the nature and purpose thereof; and
WHEREAS, in accordance with said notice, all persons or organizations desiring to be heard
on said proposed action, both for and against, have been given an opportunity to be heard with re-
spect thereto and due consideration has been given to all comments and views expressed to this
Council in connection therewith and said public hearing has been closed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. Approval of Agreement. The form and content of the Agreement, the provisions of
which are incorporated herein by reference, are in all respects authorized, approved and confirmed,
and the Mayor and the City Clerk are authorized, empowered and directed to execute, attest, seal
and deliver the Agreement for and on behalf of the City in substantially the form and content now be-
fore this meeting, but with such changes, modifications, additions or deletions therein as shall be ap-
proved by such officers upon the advice of the City Attorney, and from and after the execution and
delivery of the Agreement, the Mayor and the City Clerk are authorized, empowered and directed to
do all such acts and things and to execute all such documents as may be necessary to carry out and
comply with the provisions of the Agreement as executed.
th
Passed and approved this 16 day of June, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
RESOLUTION NO. 206-08
19
APPROVING AN AGREEMENT FOR THE PURCHASE OF REAL ESTATE IN THE CITY OF DU-
BUQUE, IOWA FROM PAUL M. FAHEY.
Whereas, Paul M. Fahey (Fahey) is the owner of Lots 87, 88, and the North 20 feet 3 inches of Lot
86 in the City of Dubuque, Iowa, according to the United States Commissioners’ Map of the Town of
Dubuque, Iowa (the Property); and
Whereas, the City Council finds that it is in the best interests of the City of Dubuque to purchase
the Property; and
Whereas, the City Council has obtained the necessary financing to purchase the Property.
Whereas, the Offer to Buy and Acceptance , attached hereto and by this reference made a part he-
reof, sets forth the terms and conditions of the purchase of property from Fahey.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Offer to Buy and Acceptance attached hereto, is hereby approved.
Section 2. That the City Manager is hereby authorized and directed to execute, on behalf of the
City of Dubuque, Iowa, said Purchase Agreement.
th
Passed, approved and adopted this 16 day of June, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Upon motion the rules were reinstated limiting discussion to the City Council
ACTION ITEMS
Greater Dubuque Development Corporation: Rick Dickinson, Executive Director of the Greater Du-
buque Development Corporation, provided a verbal report on the activities of GDDC. Motion by Lynch
to receive and file the report. Seconded by Jones. Motion carried 7-0.
Request to Address the City Council – Shirley Schroeder: Request of Shirley Schroeder, 250 West
thth
6 Street, to address the City Council regarding the installation of a traffic signal at West 6 Street
and Locust Street. Motion by Voetberg to receive and file the document and refer to the City Manager.
Seconded by Connors. Shirley Schroeder stated that there are problems crossing the street at that
intersection and asked that something be done before someone is killed. Voetberg suggested moving
thth
the light currently at 7 and Locust Streets to the 6Street intersection. Motion carried 7-0
Request to Address the City Council – Kathy Bitter: Communication from Kathy Bitter, 1460 Miller
Road, requesting that City water be extended to Miller Road. Motion by Lynch to receive and file the
document and refer to the City Manger and brought back to the City Council. Seconded by Jones.
Ms. Bitter stated that her request to have water extended to her home has been denied twice despite
being connected to one home in 2004. She also expressed a concern over fire protection since there
is only one hydrant. Upon questioning by Council it was determined that hydrants are generally
placed approximately every 500 feet. The area was annexed in 1979 and at that time there was no
interest in having water extended to the existing homes. Water Department Manager Bob Green
stated that previously there has been no interest on the part of the residents to commit to connecting
to the water system if it was extended. He stated that if the neighbors presented a petition committing
to connection the extension could be included in the Capital Improvement Project budget for Fiscal
Year 2010. Motion carried 7-0.
Request to Address the City Council – Gerald Hirsch: Request of Gerald Hirsch to address the City
Council regarding the denial of his claim for property damage. Motion by Jones to receive and file the
20
document and refer to the City Manager with direction that a report be brought back to the City Coun-
rd
cil at a future meeting. Seconded by Connors. Gerald Hirsch, 757 W. 3 Street, provided a history of
the problems with his sewer stating that the installation of a water line under the sewer line by the City
caused the problem. Lindahl stated that the City is liable if it had prior knowledge of the problem, and
there have been no prior claims at this residence. Motion carried 7-0.
Request to Rezone – Property South of Old Highway Road and West of Railroad Line (Third Read-
ing): City Manager submitting a revised ordinance to include the condition that a minimum of 200
evergreens be planted along the west and south sides of the property as depicted on Exhibit A.
Communications from Rose Marie McClain, 15866 McClain Lane; Bev Metcalf, 15693 McClain
Lane; Joe Vize, 12055 Cottingham Road; Deb Vize, 12055 Cottingham Road; and Gary Johnson,
12089 Cottingham Road in opposition to the proposed rezoning.
Motion by Connors to receive and file the documents and consider the final reading and passage
of Ordinance No. 40-08 Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code
of Ordinances, by reclassifying hereinafter described property located south of Old Highway Road
from County R-1 Residential District to City AG Agricultural District and LI Light Industrial District,
concurrent with annexation. Seconded by Braig. Motion carried 6-1 with Resnick voting nay.
OFFICIAL PUBLICATION
ORDINANCE NO. 40-08
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DU-
BUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY
LOCATED SOUTH OF OLD HIGHWAY ROAD FROM DUBUQUE COUNTY R-1 SINGLE-FAMILY
RESIDENTIAL DISTRICT TO CITY OF DUBUQUE AG AGRICULTURAL DISTRICT AND LI LIGHT
INDUSTRIAL DISTRICT CONCURRENT WITH ANNEXATION, WITH CONDITIONS.
Whereas, Kress Industrial Facility, property owner, has requested rezoning concurrent with annex-
ation to the City of Dubuque in accordance with Section 2-3 of Appendix A (Zoning Ordinance) of the
City of Dubuque Code of Ordinances; and
Whereas, this request has been found to be consistent with the Comprehensive Plan and the Fu-
ture Land Use Map of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That Appendix A (Zoning Ordinance) of the City of Dubuque Code of Ordinances is he-
reby amended by reclassifying the hereinafter described property from Dubuque County R-1 Single-
Family Residential District to City of Dubuque R-1 Single-Family Residential District and LI Light In-
dustrial District as shown on Exhibit A incorporated herein by reference, with conditions, to wit:
Lot 3 Kunde Place #2, Dubuque County, Iowa, that is proposed to be annexed to the City of Dubu-
que, Iowa.
Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Com-
mission of the City of Dubuque, Iowa.
Section 3. This ordinance shall take effect immediately upon publication, as provided by law, and
at such time that the herein described property is legally annexed into the City of Dubuque, Iowa.
th
Passed, approved and adopted this 16 day of June, 20082001.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
MEMORANDUM OF AGREEMENT
Pursuant to the Iowa Code Section 414.5 (2007), and as an express condition of rezoning of the
property described as:
21
Lot 3 Kunde Place #3, 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. 60-08 , 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) That a minimum of 200 evergreens shall be planted along the west and south sides of
the property as depicted in Exhibit A.
B) Modifications. Any modifications of this Agreement shall be considered a zoning reclassifica-
tion and shall be subject to the provisions of the Zoning Ordinance governing zoning reclassifica-
tions. All such modifications must be approved by the City Council of Dubuque, Iowa.
C) 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. 60-08.
D) 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 Ordin-
ance of the City of Dubuque, Iowa.
E) This Agreement shall be binding upon the undersigned and his/her heirs, successor and as-
signees.
ACCEPTANCE OF ORDINANCE NO. 40-08
I, Toby Kress, Kress Industrial Facility, having read the terms and conditions of the foregoing Or-
dinance No, 40-08 and being familiar with the conditions thereof, hereby accept this same and agree
to the conditions required therein.
th
Dated in Dubuque, Iowa this 16 day of June, 2008.
/s/Toby Kress
Kress Industrial Facility
st
Published officially in the Telegraph Herald Newspaper the 21 day of June, 2008.
/s/Jeanne F. Schneider, CMC, City Clerk
Request to Annex - Property South of Old Highway Road and West of Railroad Line (Tabled follow-
ing Public Hearing): City Manager recommending approval of the annexation of property south of Old
Highway Road and west of railroad line in conjunction with rezoning.
Communication from the Planning Services Manager providing information on the Request for Vo-
luntary Annexation by Toby Kress, Kress Industrial Facility.
Motion by Jones to remove from the table. Seconded by Connors. Motion carried 7-0.
Motion by Jones to adopt Resolution No. 207-08 Approving an Application for Voluntary Annexa-
tion of property south of Old Highway Road and west of Railroad Line. Seconded by Connors. Motion
carried 6-1 with Resnick voting nay.
RESOLUTION NO. 207-08
RESOLUTION APPROVING AN APPLICATION FOR VOLUNTARY ANNEXATION OF TERRITO-
RY OWNED BY KRESS INDUSTRIAL FACILITY
Whereas, Kress Industrial Facility has submitted a written application for the voluntary annexation
of approximately 80 acres of territory lying outside the corporate limits of the City of Dubuque, Iowa,
as shown in Exhibit A and legally described as Lot 3 Kunde Place #2 (the Annexation Territory); and
Whereas, the Annexation Territory is not subject to an existing annexation moratorium; and
Whereas, the Annexation Territory does not include any state property; and
22
Whereas, the Annexation Territory does include railroad property and county road right-of-way;
and
Whereas, Chapter 368 of the Code of Iowa authorizes this annexation by adoption of a resolution
and required notification; and
Whereas, the annexation of the Annexation Territory is consistent with the Dubuque Comprehen-
sive Plan; and
Whereas, the future growth and development of the City of Dubuque, Iowa makes it desirable that
the Annexation Territory be made part of the City of Dubuque, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. The corporate limits of Dubuque, Iowa are hereby extended to include the Annexation
Territory legally described above and as shown in Exhibit A.
Section 2. The Annexation Territory hereby annexed shall become part of the 5th Precinct of the
st
1 Ward of the City of Dubuque, Iowa.
Section 3. The City Clerk shall file this resolution, all exhibits and the petition for voluntary annexa-
tion with the State of Iowa as required by law.
th
Passed, approved and adopted this 16 day of June 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Raymond Place: Communication from Tom, Mary, Mark and Patricia Schreiber regarding the 440
Raymond Place condominium project and vested rights. Motion by Voetberg to receive and file the
document. Seconded by Jones. Motion carried 6-1 with Lynch voting nay.
Fiscal Year 2009 Property Tax Rate: City Manager advising that the Fiscal Year 2009 property tax
rate will be $9.97 per thousand dollars of assessed valuation instead of the $10.09 per thousand dol-
lars of assessed valuation as originally budgeted. Motion by Voetberg to receive and file the docu-
ments. Seconded by Connors. Motion carried 6-0 (Jones out of room)
Development Moratorium for Iowa 32 (Southwest Arterial) Corridor: City Manager recommending
approval of the extension of the development moratorium in the Iowa 32 (Southwest Arterial) Corridor
to July 1, 2010. Motion by Connors to receive and file the documents and that the requirement that a
proposed ordinance be considered and voted on for passage at two Council meetings prior to the
meeting at which it is to be passed be suspended. Seconded by Lynch. Voetberg questioned what will
happen between now and 2010. Van Milligen responded that a firm would be hired to develop the fi-
nal plan and to assist with property acquisition in 2008 and that it was anticipated that the majority of
the acquisition would be completed by 2010. Motion carried 7-0.
Motion by Connors for final consideration and passage of Ordinance No. 41-08 Amending the City
of Dubuque Code of Ordinances by amending Chapter 11 (Buildings and Building Regulations) Sec-
tion 11-58.3, by amending Chapter 42 (Subdivision Regulations) Section 42-16, and by amending
Appendix A (the Zoning Ordinance) Section 4-4.2(A) and Section 6-1.5.5, Extending the Development
Moratorium for the Iowa 32 (Southwest Arterial) Corridor to July 1, 2010. Seconded by Jones. Motion
carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 41-08
AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES BY AMENDING CHAPTER 11
(BUILDINGS AND BUILDING REGULATIONS) SECTION 11-58.3, BY AMENDING CHAPTER 42
(SUBDIVISION REGULATIONS) SECTION 42-16, AND BY AMENDING APPENDIX A (THE ZON-
23
ING ORDINANCE) SECTION 4-4.2(A) AND SECTION 6-1.5.5, EXTENDING THE DEVELOPMENT
MORATORIUM FOR THE IOWA 32 (SOUTHWEST ARTERIAL) CORRIDOR TO JULY 1, 2010.
Whereas, the Iowa Department of Transportation (IDOT) and the City of
Dubuque are engaged in a study of the Iowa 32 (Southwest Arterial) Corridor, which will
Include the right-of-way acquisition for the preferred alignment; and
Whereas, the Clty of Dubuque and IDOT have not concluded the study of the Iowa 32 (Southwest
Arterial) Corridor; and
Whereas, the City of Dubuque and IDOT believe it is in the public interest to minimize potential de-
velopment conflicts during this study by extending the development moratorium for the Iowa 32
(Southwest Arterial) Corridor .
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. Chapter 11 (Buildings and Building Regulations) Section 11-58.3 of the City of Dubuque
Code of Ordinances is hereby amended to read as follows:
Section 11-58.3 Moratorium for Permits in the Iowa 32 (Southwest Arterial) Corridor.
The Building Official shall not issue any permit for any new construction or substantial enlarge-
ment, alteration, repair or remodeling of any structure, building, or sign in the Iowa 32 (Southwest Ar-
terial) Corridor but not to include demolition, as delineated on drawings on file in the City Clerk's Of-
fice, from the effective date of this Section to July 1, 2010, except where a vested right to the is-
suance of such permit accrued prior to the effective date of this Section.
Section 2. Chapter 42 (Subdivision Regulations) Section 42-16 of the City of Dubuque Code of Or-
dinances is hereby amended to read as follows:
Section 42-16 Iowa 32 (Southwest Arterial) Corridor Review.
A proposed plat that divides any parcel within the Iowa 32 (Southwest
Arterial) Corridor into two or more lots, and any preliminary plat within the
Iowa 32 (Southwest Arterial) Corridor shall be submitted to the City Council for review. No plat for
any subdivision or resubdivision of property in the Iowa 32 (Southwest Arterial) Corridor, as shown
delineated on drawings on file in the City Clerk's Office, shall be approved by the City Council, from
the effective date of this Section to July 1, 2010, except where a vested right to the issuance of such
approval accrued to any person, fine or corporation as a matter of law prior to the effective date of
this Section.
Notwithstanding the foregoing, the City Council may approve a proposed plat or preliminary plat
upon a determination that the proposed subdivision will not negatively Impact the acquisition of right-
of-way along the preferred alignment of the Iowa 32 (Southwest Arterial) Corridor. The applicant shall
provide the City Council with a plat prepared by a licensed engineer or land surveyor that accurately
depicts the parcel(s) to be subdivided and the location of the Iowa 32 (Southwest Arterial) Corridor
boundaries. The City Council shall also consider any recommendation from the Southwest Arterial
Technical Committee regarding potential negative impacts, if any, that would result from approval of
the proposed plat or preliminary plat and the subsequent development of the parcel(s).
Section 3. Section 4-4.2(A) of Appendix A (The Zoning Ordinance) of the City of Dubuque Code of
Ordinances is hereby amended to read as follows:
(A) Moratorium for Site Plans in the Iowa 32 (Southwest Arterial) Corridor.
The City Planner shall not Issue conditional or final approval for any site plan filed for property in
the Iowa 32 (Southwest Arterial) Corridor that lies within the corporate limits of the City of Dubuque,
as shown delineated on drawings on file in the City Clerk's Office, from the effective date of this Sec-
tion to July 1, 2010, except where a vested right to the issuance of such approval accrued to any per-
son, firm or corporation as a matter of law poor to the effective date of this Section.
Notwithstanding the foregoing, the City Council may approve a proposed site plan upon a determi-
nation that the proposed site plan will not negatively impact the acquisition of right-of-way along the
24
preferred alignment of the Iowa 32 (Southwest Arterial) Corridor. The City Council shall also consider
any recommendation from the Southwest Arterial Technical Committee regarding potential negative
impacts, if any, that would result from approval of the proposed site plan and the subsequent devel-
opment of the parcel(s).
Section 4. Section 6-1.5.5 of Appendix A (The Zoning Ordinance) of the City of Dubuque Code of
Ordinances is hereby amended to read as follows:
Section 6-1.5.5 Moratorium for rezonings in the Southwest Arterial Corridor.
The City Council shall not give final approval to any zoning reclassification (rezoning) request for
property in the Iowa 32 (Southwest Arterial) Corridor that lies within the corporate limits of the City of
Dubuque, as shown delineated on drawings on file in the City Clerk's Office, from the effective date of
this Section to July 1, 2010, except where a vested right to the issuance of such approval accrued to
any person, firm or corporation as a matter of law poor to the effective date of this Section.
Notwithstanding the foregoing, the City Council may approve a requested rezoning upon a deter-
mination that the proposed rezoning will not negatively impact t the acquisition of right-of-way along
the preferred alignment of the Iowa 32 (Southwest Arterial) Corridor. The City Council shall also con-
sider any recommendation from the Southwest Arterial Technical Committee regarding potential neg-
ative impacts, if any, that would result from approval of the requested rezoning and the subsequent
development of the parcel(s).
Section 5. This Ordinance shall take effect upon publication.
th
Passed, approved and adopted this 16 day of June, 2008.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
th
Published officially in the Telegraph Herald Newspaper the 14 day of July, 2008.
/s/Jeanne F. Schneider, CMC, City Clerk
Bluff Overlay Moratorium: City Manager recommending approval of a revised moratorium for the
Proposed Bluff Overlay District which excludes Priority B bluff overlay areas. 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. 42-08 Amending Ordin-
ance No. 37-08 Establishing a moratorium on the issuance of building permits for the construction of
new principal structures in the Bluff Overlay District by deleting from the Bluff Overlay District those
areas designated as Priority B. Seconded by Braig. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 42-08
AMENDING ORDINANCE NO. 37-08 ESTABLISHING A MORATORIUM ON THE ISSUANCE OF
BUILDING PERMITS FOR THE CONSTRUCTION OF NEW PRINCIPAL STRUCTURES IN THE
BLUFF OVERLAY DISTRICT BY DELETING FROM THE BLUFF OVERLAY DISTRICT THOSE
AREAS DESIGNATED AS PRIORITY B
Whereas, the City Council has undertaken a study of regulation of construction on or near bluffs
and bluffland property; and
Whereas, the City Council has adopted Ordinance No. 37-08 establishing a moratorium on certain
construction on or near bluffs and bluffland property until such time as the City Council’s study is
completed; and
Whereas, the moratorium included those areas in the Bluff Overlay District designated as Priority A
and Priority B on Exhibit A attached to Ordinance No. 37-08; and
25
Whereas, the City Council has determined that those areas designated Priority B should not be in-
cluded in the moratorium area.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That Ordinance No. 37-08 is amended by deleting Exhibit A and adopting in lieu thereof
Exhibit A attached hereto.
Section 2. This Ordinance shall take effect upon publication.
th
Passed, approved and adopted this 16day of June, 2008.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
th
Published officially in the Telegraph Herald Newspaper the 14 day of July, 2008.
/s/Jeanne F. Schneider, CMC, City Clerk
Holiday Parking Meter Enforcement: City Manager recommending approval of the addition of Vet-
thst
erans’ Day, the day after Thanksgiving, December 24 and December 31 to the list of days when
there would be no parking meter enforcement. 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 Voet-
berg. Motion carried 7-0.
Motion by Connors for final consideration and passage of Ordinance No. 43-08 Amending City of
Dubuque Code of Ordinances Section 32-321.1 Definitions by adding Veteran's Day, the Day after
thst
Thanksgiving, December 24, and December 31as holidays. Seconded by Braig. Motion carried 7-
0.
OFFICIAL PUBLICATION
ORDINANCE NO. 43-08
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES SECTION 32-321.1 DEFINITIONS BY
TH
ADDING VETERAN'S DAY, THE DAY AFTER THANKSGIVING, DECEMBER 24, AND DECEM-
ST
BER 31AS HOLIDAYS
Section 1. City of Dubuque Code of Ordinances § 32-321.1 is amended to read as follows:
Sec. 32-321.1. Definitions.
. . .
stth
Holidays shall be January 1, Memorial Day, July 4, the first Monday in September, Veteran’s
thth
Day, Thanksgiving Day, the day after Thanksgiving Day, December 24, December 25, December
st
31, and the following Monday whenever any of the foregoing named holidays fall on a Sunday.
. . .
Section 2. This Ordinance shall take effect on publication.
th
Passed, approved and adopted the 16 day of June, 2008.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
th
Published officially in the Telegraph Herald Newspaper the 14 day of July, 2008.
/s/Jeanne F. Schneider, CMC, City Clerk
Chapter 32 – Traffic Ordinance (Tabled on April 7, 2008): City Manager recommending approval of
proposed changes to Chapter 32 of the Code of Ordinances regarding traffic. Motion by Jones to re-
move from table. Seconded by Connors. Motion carried 7-0.
Motion by Jones to receive and file the documents and that the requirement that a proposed ordin-
ance be considered and voted on for passage at two Council meetings prior to the meeting at which it
is to be passed be suspended. Seconded by Lynch. Motion carried 7-0.
26
Motion by Jones for final consideration and passage of Ordinance No. 44-08 Amending the City of
Dubuque Code of Ordinances by repealing Chapter 32 Motor Vehicles and Traffic and adopting a
new Chapter 32 Motor Vehicles and Traffic in lieu thereof. Seconded by Lynch. Motion carried 7-0
OFFICIAL PUBLICATION
ORDINANCE NO. 44-08
AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES BY REPEALING CHAPTER 32
MOTOR VEHICLES AND TRAFFIC AND ADOPTING A NEW CHAPTER 32 MOTOR VEHICLES
AND TRAFFIC IN LIEU THEREOF.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. Chapter 32 of the City of Dubuque Code of Ordinances is amended as set forth in the
attached [summary of ] Chapter 32 Motor Vehicles and Traffic.
Section 2. This Ordinance shall take effect on publication.
th
Passed, approved and adopted the 16 day of June, 2008.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
OFFICIAL PUBLICATION
A SUMMARY OF
ORDINANCE NO. 44-08
AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES BY REPEALING CHAPTER 32
MOTOR VEHICLES AND TRAFFIC AND ADOPTING A NEW CHAPTER 32 MOTOR VEHICLES
AND TRAFFIC IN LIEU THEREOF.
Chapter 32 of the City of Dubuque Code of Ordinances is the City’s traffic code and regulations.
This ordinance repeals Chapter 32 and adopts a new Chapter 32 in its place. The new Chapter 32 is
largely the same as the repealed Chapter 32 with changes to grammar, capitalization, and punctua-
tion. The following are the substantive changes made to Chapter 32:
1. Under Section 32-321.604, the back-in angular parking on Fourth Street was changed to
front-in angular parking.
2. Section 32-321.601 is amended to expand the definition of a loading zone and regulates
both passenger and commercial loading zones as follows:
Sec. 32-321.601. Loading Zones
A. Loading Zones shall be established and marked by signs.
B. Loading Zones. A space not to exceed fifty feet (50') is hereby reserved at the side of the
street in front of any theater, auditorium, hotel having more than twenty-five (25) sleeping
rooms, or other buildings where large assemblages of people are being held, within which
space, when clearly marked as such, no motor vehicle shall be left standing, parked, or
stopped except in taking on or discharging passengers or freight.
C. Passenger Loading. A motor vehicle standing, parked, or stopped for taking on or dis-
charging passengers shall not remain in the loading zone in excess of fifteen (15) minutes un-
less otherwise instructed by a law enforcement officer.
D. Commercial Loading. A motor vehicle standing, parked, or stopped for taking on or dis-
charging freight shall not remain in the loading zone in excess of fifteen (15) minutes unless
otherwise instructed by a law enforcement officer.
1. On two-way streets in commercial districts, commercial vehicles may stop, stand,
or park in a traveled lane while engaging in the loading or unloading of property, pro-
vided ten feet (10’) of width of roadway is open for the free movement of vehicular traf-
fic.
27
2. On one-way streets in commercial districts, commercial vehicles may stop, stand,
or park in a traveled lane while engaging in the loading or unloading of property, pro-
vided ten feet (10’) of width of the roadway is open for the free movement of vehicular
traffic.
E. Motor vehicles shall not block an egress from a building or facility. In the instance of a
conflict with the above provisions and the International Fire Code, the provisions of the Interna-
tional Fire Code shall govern.
3. A definition was added to Section 32-321.1 for electric personal assistive mobility devic-
es. The definition is:
Electric Personal Assistive Mobility Device means a device, powered by an electric propul-
sion system designed to transport one person, with a maximum speed on a paved level sur-
face of less than twenty five (25) miles per hour with an average power of 750 watts or 1
horsepower.
4. The following new section regulating electric personal assistive mobility devices is added:
32-321.276A. Electric Personal Assistive Mobility Devices.
(a) No person under 16 years of age may operate an electric personal assistive mobility
device in the City of Dubuque.
(b) No operator's permit or license shall be required for the operation of an electric personal
assistive mobility device.
(c) No licensure or registration of the electric personal assistive mobility device is required.
(d) No proof of financial responsibility is required.
(e) A person shall operate an electric personal assistive mobility device in a safe and non-
hazardous manner so as not to endanger himself or herself or any other person or property.
(f) There shall be no prohibition against any person riding an electric personal assistive mo-
bility device upon a sidewalk or bicycle path within the City, so long as the rider does not
create a hazard; provided, that no person shall operate an electric personal assistance mobili-
ty device upon a sidewalk within the City on those sidewalks expressly designated by the City
Manager as prohibited and appropriate signs to such effect are posted.
(g) Any person riding an electric personal assistive mobility device upon a sidewalk shall
yield the right-of-way to pedestrians, and shall travel at a speed no greater than is safe for the
conditions then existing on the sidewalk.
(h) A person propelling an electric personal assistive mobility device upon and along a si-
dewalk or while crossing a roadway in a crosswalk shall have all the rights and duties applica-
ble to a pedestrian under the same circumstances, except that the electric personal assistive
mobility device operator must yield to pedestrians on the sidewalk or crosswalk.
(i) The operator of an electric personal assistive mobility device emerging from, or entering
an alley, driveway, or building, shall upon approaching a sidewalk, or the sidewalk area ex-
tending across any alleyway, yield the right-of-way to all pedestrians approaching on said si-
dewalk, and upon entering the roadway in a cross-walk shall yield the right-of-way to all ve-
hicles approaching on said roadway.
(j) Electric personal assistive mobility devices shall not be used on roadways, except when
using a cross-walk or on side-streets where there is not a sidewalk adjacent to the street.
(k) A person shall not operate an electric personal assistive mobility device at the times
specified in §32-321.384 unless the person or the electric personal assistive mobility device is
equipped with a headlight visible from the front of the electric personal assistive mobility device
and at least one red reflector visible from the rear of the electric personal assistive mobility de-
vice.
(l) The provisions of this section shall not apply to use of a wheelchair or other similar con-
veyance when used for transportation by any temporarily or permanently disabled person.
28
(m) The provisions of this section shall not apply to the above proscribed conveyances
when used in any parade, exhibition or gathering of persons which has been authorized by
permit from the City Manager.
(n) The provision of this section shall not apply to the above proscribed conveyances when
used by the fire or police departments.
(o) The scheduled fine for a violation of this section shall be twenty-five ($25.00) dollars.
5. The careless driving provision under Section 32-321.277A is amended. The prior section
only covered careless driving by motor vehicles. The section as amended is expanded to in-
clude motorcycles, motorized bicycles, motor bicycles, bicycles, skateboards, and electric per-
sonal assistive mobility devices, and provides as follows:
Sec. 32-321.277A. Careless Driving.
A person commits careless driving if the person intentionally operates a motor vehicle, mo-
torcycle, motorized bicycle, motor bicycle, bicycle, skateboard, or electric personal assistive
mobility device, on a public road, highway, sidewalk, bicycle path, or trail in any one of the fol-
lowing ways:
(a) Creates or causes unnecessary tire squealing, skidding, or sliding upon acceleration or
stopping.
(b) Simulates a temporary race.
(c) Causes any wheel or wheels to unnecessarily lose contact with the ground.
(d) Causes the vehicle to unnecessarily turn abruptly or sway.
(e) Creates or causes unnecessary danger to himself or herself or any other person or
property.
Amended Chapter 32 also includes the following sections establishing fines for violations: The pro-
visions and the fines remained the same as the earlier version of Chapter 32, but in compliance with
Iowa Code §380.7 they are being printed in their entirety.
1. Sec. 32-321.275A. Use of Bicycles, Motorcycles, Etc. in Parks.
(a) The use of bicycles, skateboards, and other non-motorized conveyances and motor-
cycles, motor scooters, go carts, cars, trucks, and other motor driven vehicles other than those
vehicles engaged in authorized park maintenance and security in any park, recreation facility,
or trail may be prohibited by the park and recreation advisory commission.
(b) It shall be unlawful for the operator of any car, truck, motorcycle, or any other type ve-
hicle to stop, stand, or park upon any roadway or in any parking areas in any park, recreation
facility, or trail in such manner as to obstruct the flow of traffic.
(c) It shall be unlawful for any person or persons to play games, catch, throwing of frisbees or
other objects, gathering in groups on any roadway or parking areas in any park, recreation fa-
cility, or trail as to obstruct the flow of traffic.
(d) It shall be unlawful to park any car, truck, motorcycle, or other type of vehicle along any
roadway or area in any park or recreation facility that is posted prohibiting such parking.
(e) It shall be unlawful for any car, truck, motorcycle, or any other type of motorized vehicle
to drive on and/or park on any grass area, sidewalk, or trail in any park, recreation facility, or
trail except with the express permission of the leisure services manager's designee.
(f) The scheduled fine for a violation of this Section shall be twenty-five dollars ($25.00).
2. Sec. 32-321.276. Use of Certain Non-motorized Vehicles, Conveyances, and Equipment
in Municipal Parking Ramps or Lots and in Certain Other Places in the City.
(a) No person shall be upon and make use of roller skates, skateboards, bicycles, or other
wheeled recreational vehicles or conveyances within any municipal parking ramp or municipal
parking lot. This provision shall not apply to use of a wheelchair or other similar conveyance
when used for transportation by any temporarily or permanently disabled person or to a wagon
being pulled by a pedestrian at a walking speed.
29
(b) No person shall use roller skates, skateboards, wagons, or other wheeled or non-
motorized recreational vehicles, with the exception of bicycles, upon the roadway portion of
any right-of-way, except that a person may use any of the above proscribed conveyances in
any marked or unmarked crosswalk. Any person using any of the above proscribed con-
veyances in crossing a roadway at a place other than a marked or unmarked crosswalk shall
be subject to the requirements set forth in Section 32-321.328 of this Article.
(c) The City Manager is hereby authorized to designate and post signs in areas where
skateboarding, skating, and riding bicycles and scooters is prohibited. No person shall skate-
board, skate, or ride a bicycle or a scooter in any such area.
(d) The provisions of this Section shall not apply to the above proscribed conveyances when
used in any parade, exhibition, or gathering of persons which has been authorized by permit
from the City Manager.
(e) The scheduled fine for a violation of this Section shall be twenty five dollars ($25.00).
3. Sec. 32-321.285. Limits Generally.
(a) Any person driving a motor vehicle on any street of this city shall drive the same at a
careful and prudent speed not greater than or less than is reasonable and proper, having due
regard to the traffic, surface, and width of the streets and of any other conditions then existing
and no person shall drive any vehicle at a speed greater than will permit such person to bring it
to a stop within the assured clear distance ahead, such driver having the right to assume,
however, that all persons using such streets will observe the law.
(b) The following shall be lawful speeds except as otherwise provided in Subsection (c) of
this Section or elsewhere in this Code or other ordinance of the city and any speed in excess
thereof shall be unlawful:
(1) Twenty (20) miles per hour in any business district.
(2) Twenty-five (25) miles per hour in any residential or school district.
(3) Forty (40) miles per hour for any motor vehicle drawing another vehicle in any dis-
trict or on any street where the lawful speed is in excess of forty (40) miles per hour, ex-
cept when otherwise specified under Section 32-321.285 of the state Code.
(4) Forty-five (45) miles per hour in any suburban district.
(c) When signs are erected giving notice thereof, the following shall be the lawful speed on
the streets or portions thereof designated herein:
FIFTEEN (15) MILES PER HOUR
Streets and roadways in all city parks.
TWENTY-FIVE (25) MILES PER HOUR
Admiral Sheehy Drive, U.S. Highway 61-151 to its terminus.
Airport Road, from a point two thousand three hundred feet (2,300’) west of
U.S. Highway 61 to its westerly terminus.
Bryant Street, from Grandview Avenue to the centerline of U.S. Highway 20.
Central Avenue, Thirty Second Street to its southerly terminus.
Fremont Avenue, from Simpson Street to U.S. Highway 20.
Greyhound Park Drive, U.S. Highway 61-151 to its terminus.
Hill Street, from Ninth Street to the centerline of U.S. Highway 20.
Pennsylvania Avenue, from University Avenue to Hickson Street.
Ramp connector, eastbound from Fremont Avenue to Grandview Avenue.
Ramp connector, westbound from Grandview Avenue to Lombard Street.
White Street, Fourth Street to Twelfth Street.
THIRTY (30) MILES PER HOUR
Ninth Street, Bluff Street to University Avenue.
Thirty Second Street, West, Highland Park to J.F. Kennedy Road.
30
Asbury Road, University Avenue to a point five hundred feet (500') west of St.
John Drive.
Cedar Cross Road, U.S. Highway 20 to a point eight hundred feet (800') east
of Ace Avenue.
Central Avenue, Thirty Second Street to Ruby Street.
Chavenelle Road, from Associates Drive to its westerly terminus.
Fremont Avenue, from North Cascade Road to Simpson Street.
J.F. Kennedy Road, Sunset Park Circle to city limits.
Kaufman Avenue, J.F. Kennedy Road to Central Avenue.
Locust Street, West, Clarke Drive to Sixteenth Street.
Loras Boulevard, Bluff Street to University Avenue.
Pennsylvania Avenue, from Hickson Street to John F. Kennedy Road.
Peru Road, from a point seven hundred feet (700’) east of Jackson to Sheri-
dan Road.
Rhomberg Avenue, Elm Street to its northeasterly terminus.
Shiras Avenue, Rhomberg Avenue to its northerly terminus.
University Avenue, Ninth Street to Prysi Street.
Windsor Avenue, East Twenty Fourth Street to its northerly terminus.
THIRTY-FIVE (35) MILES PER HOUR
Sixteenth Street, East, Kerper Boulevard to Sycamore Street.
Thirty Second Street, West, Grandview Avenue to Highland Park.
Airport Road, from U.S. Highway 61 to a point two thousand three hundred
feet (2,300') west of U.S. Highway 61.
Asbury Road, from a point five hundred feet (500') west of St. John's Drive to
city limits.
Cedar Cross Road, Fremont Street to a point eight hundred feet (800') east of
Ace Avenue.
Dodge Street (U.S. Highway 20), from Locust Street to a point one thousand
five hundred thirty feet (1,530') east of Locust Street.
Dodge Street (U.S. Highway 20), Locust Street to a point one thousand one
hundred feet (1,100') west of Locust Street.
Grandview Avenue, Balboa Street to Thirty Second Street.
Grandview Avenue, from a point approximately four hundred feet (400') north
of Ungs Street to Kaufman Avenue.
J.F. Kennedy Road, Dodge Street (U.S. Highway 20) to Sunset Park Circle.
Kerper Boulevard, Pine Street to Hawthorne Street.
Pennsylvania Avenue, J.F. Kennedy Road to westerly city limits.
Peru Road, Sheridan Road to Roosevelt Road (Valley Road).
Radford Road, from Chavenelle Road to the northerly city limits.
Roosevelt Road (Valley Road and Pebman Road), Peru Road to a point five
hundred feet (500') north of Amelia Drive.
Seippel Road, Old Highway Road to the northerly city limits.
University Avenue, Prysi Street to J.F. Kennedy Road.
Wacker Drive, Dodge Street (U.S. Highway 20) to J.F. Kennedy Road.
FORTY (40) MILES PER HOUR
Central Avenue, Ruby Street to Olympic Heights Road.
FORTY FIVE (45) MILES PER HOUR
31
Dodge Street (U.S. Highway 20), from a point one thousand five hundred thirty
feet (1,530') east of Locust Street to the easterly city limits on the Julien Dubuque
Bridge.
Dodge Street (U.S. Highway 20), from a point one thousand one hundred feet
(1,100') west of Locust Street to a point five hundred feet (500') east of Crescent
Ridge Road.
Locust Street ramps to U.S. 52/61/151, from Locust Street to U.S. 52/61/151.
Northwest Arterial (IA 32), U.S. Highway 20 to U.S. Highway 52.
Peru Road, Roosevelt Road (Valley Road) to northerly city limits.
Seippel Road, U.S. Highway 20 to Old Highway Road.
U.S. 61/151/52, from a point one hundred fifty feet (150') north of Fifth Street
to a point one thousand one hundred feet (1,100') south of the Julien Dubuque
Bridge.
FIFTY (50) MILES PER HOUR
Central Avenue, Olympic Heights Road to northerly city limits.
Dodge Street (U.S. Highway 20), from a point five hundred feet (500') east of
Crescent Ridge Road to the westerly city limits.
Northwest Arterial (IA 32), from Dodge Street (U.S. Highway 20) to the nor-
therly city limits.
FIFTY-FIVE (55) MILES PER HOUR
Dodge Street (U.S. Highway 20), from a point one thousand sixty feet (1,060')
west of Old Highway Road to the westerly city limits.
U.S. 61/151/52, from a point one hundred fifty feet (150') north of Fifth Street
to the northerly city limits on the Dubuque/Wisconsin bridge, and from a point
one thousand one hundred feet (1,100') south of the Julien Dubuque bridge to
the southerly city limits.
(d) Scheduled fines are established pursuant to Iowa Code Section 805.6(6).
Excessive speed in zones 55 mph or less
(1) 1 through 5 over
(2) 6 through 10 over
(3) 11 through 15 over
(4) 16 through 20 over
(5) Over 20 mph over (plus $2.00 for each mile in excess of 20 mph
over limit)
Excessive speed in zones greater than 55 mph
(6) 1 through 5 over
(7) 6 through 10 over
(8) 11 through 15 over
(9) 16 through 20 over
(10) Over 20 mph over (plus $2 for each mile in excess of 20 mph over
limit)
4. Sec. 32-321.621. Parking Violations – Fines.
The owner or operator of any vehicle who shall receive notice, either personally or by the at-
taching of such notice to said vehicle, that said vehicle is parked in such manner, in such a
place or for such a time as to violate the provisions of this Chapter relating to the parking of
vehicles shall pay to the city treasurer as a penalty for such violation the following sum:
(1) Except as provided in Subsection (2), (3), or (4), any violation of the Subsections of Ar-
ticle VIII. Stopping, Standing and Parking, an initial fine of fifteen dollars ($15.00) if paid within
32
thirty (30) calendar days of the date of the violation. If payment is not made within such thirty
(30) calendar days, said fine shall be twenty dollars ($20.00).
(2) Disabled Parking Violations, a fine of one hundred dollars ($100.00).
(3) Expired Parking Meter Violations, an initial fine of seven dollars ($7.00) if paid within
thirty (30) calendar days of the date of the violation. If payment is not made within such thirty
(30) calendar days, said fine shall be twelve dollars ($12.00).
(4) Parking in violation of any designated fire lane, a fine of fifty dollars ($50.00)
(5) Parking in violation of snow route restrictions, a fine of thirty dollars ($30.00) if paid with-
in thirty (30) calendar days of the date of the violation. If payment is not made within such thirty
(30) calendar days, said fine shall be thirty-five dollars ($35.00),
Payment of the above fine by mail to the city treasurer shall be deemed paid as of the date
of the postmark on the envelope thereof.
5. Sec. 32-321.622. Parking Violations – Posting Bond.
All persons receiving such notice of violation and deeming themselves not guilty of such of-
fense, or desiring to appear and defend against the same, shall within seven calendar days
appear at the police department and promise to appear in the District Court of Dubuque Coun-
ty, Iowa for trial.
6. Sec. 32-321.645. Meters – Time and Fee Schedule for Specific Lots.
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 nonme-
tered parking lots, parking spaces shall be reserved in accordance with the following sche-
dules:
(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 al-
lowed shall be indicated on the parking meter assigned to the meter space to which it applies.
(2) 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.
(3) On parking lot no. 10, reserved parking for nonmetered 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, Sun-
days, and holidays at a monthly rate of thirty seven dollars ($37.00), payable each month.
(4) On parking lot no. 12, reserved parking for nonmetered 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, Sun-
days, and holidays at a monthly rate of twenty five dollars ($25.00), payable each month.
(5) On parking lot no. 2, reserved parking for each space for which parking meters have not
been installed shall be rented through an agreement approved by the City Council. Reserved
parking for nonmetered 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
twenty seven dollars ($27.00), payable each month.
(6) On parking lot no. 1, reserved parking for each space for which parking meters have not
been installed shall be rented through an agreement approved by the City Council. Reserved
parking for nonmetered 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
twenty seven dollars ($27.00), 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
33
treasurer as a penalty for such violation the sum of fifteen dollars ($15.00) and after thirty (30)
days a sum of twenty dollars ($20.00).
7. Sec. 32-321.667. Fee Schedule.
Subject to the limitations provided in this Division, parking meters, when installed and prop-
erly operated, shall show legal parking upon and after deposit of United States coins in accor-
dance with the following schedule:
(1) One hour parking meters shall show legal parking for fifty cents ($0.50) per hour, but not
more than a total of sixty (60) minutes at any one time.
(2) Two (2) hour parking meters shall show legal parking for fifty cents ($0.50) per hour, but
not more than a total of one hundred twenty (120) minutes at any one time.
(3) Four (4) hour parking meters shall show legal parking for fifty cents ($0.50) per hour, but
not more than a total of four (4) hours at any one time.
(4) Ten (10) hour parking meters shall show legal parking for twenty five cents ($0.25) per
hour, but not more than a total of ten (10) hours at any one time.
(5) Twenty (20) minute parking meters shall show legal parking for seventy five cents
($0.75) per hour, but not more than a total of twenty (20) minutes at any one time.
(6) Forty (40) minute parking meters shall show legal parking for seventy five cents ($0.75)
per hour, but not more than a total of forty (40) minutes at any one time.
8. Sec. 32-321.669. Exemption of Persons Holding Resident Parking Permits from Sec-
tions 32-321.667 and 32-321.668 of this Division.
(a) "Resident Parking Sticker" Defined; Display Required. A "resident parking sticker" is a
permit to park a motor vehicle upon the streets of the city in the parking meter district. When a
valid parking sticker is displayed upon a vehicle, that vehicle shall be exempt from the provi-
sions of Sections 32-321.667 and 32-321.668 of this Division in the parking meter district.
(b) Sticker Issuance: A resident parking sticker shall only be issued to an individual who is
occupying a housing unit as that person's principal abode. The housing unit must be located
within the parking meter district. No more than one parking sticker shall be issued for each
housing unit and shall be issued subject to the following conditions:
(1) The place of residency of the applicant shall be verified by the parking system
manager.
(2) Stickers shall be issued at the rate of one per block in those blocks having ten
(10) or fewer parking spaces at the rate of two (2) per block in those blocks containing
eleven (11) or more parking spaces.
(3) In the case of multiple applications, the date of sticker application shall be the de-
termination factor and preference shall be given that applicant with the longest time on
the resident parking sticker waiting list.
(4) In the case of municipal lot no. 1, one residential permit per unit, up to twenty
nine (29) permits may be issued to persons whose principal address is listed as the
Cornerstone Place located at 9th and Iowa.
(c) Information on Sticker, Manner of Display. The resident parking sticker shall indicate a
control number, the location for which the sticker is valid, the expiration date, and the license
number of the vehicle for which it is issued. The block in which the resident parking sticker is
valid shall be determined by the parking system manager or his/her duly authorized represent-
ative in accordance with Subsection (b)(2) of this Section. The resident parking sticker shall be
placed in the upper portion of the rear window on the driver's side of the vehicle.
(d) Non-eligibility of Businesses for Permit. The resident parking sticker shall not be issued
to any businesses, corporations, or organizations who maintain facilities in the meter districts.
(e) Falsely Obtaining Permit. No person shall knowingly misrepresent or intentionally falsify
any information which is required in order to obtain a resident parking sticker.
34
(f) Permit Limitation to Authorized Location. No person shall park a vehicle bearing a resi-
dent parking sticker in any area other than that indicated on the sticker, unless such person
has fulfilled the requirements of any and all parking ordinances applicable to that area.
(g) Permit Fee, Revocation. The City Manager is hereby authorized to set a fee for the is-
suance of the resident parking sticker. The sticker shall be sold on a quarterly basis and the
cost shall be prorated to the nearest half (1/2) month. The City Manager shall have the authori-
ty to revoke the parking sticker of any person who fails to continue to meet the original is-
suance requirements. In the event of revocation of a resident parking sticker, refund shall be
made for any month remaining wholly unused.
(h) Violation; Penalty. Any person violating any provision of this Section shall be deemed
guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceed-
ing one hundred dollars ($100.00), and upon failure to pay said fine shall be imprisoned for a
period not exceeding thirty (30) days.
9. Sec. 32-321.704. Disability Signs Required.
(a) Parking spaces designated as special parking places for disabled persons shall be iden-
tified with the disability parking sign on a vertical post bearing the international symbol of ac-
cessibility; the fine is one hundred dollars ($100.00) for improper use.
(b) Any person who owns or leases rental property in the city and is required to provide
disabled parking by the Iowa Code shall identify each parking space with a disability parking
sign bearing the international symbol of accessibility; the fine is one hundred dollars ($100.00)
for improper use.
10. Sec. 32-321.705. Prohibited Use of Parking Places or Identification Devices.
The use of a disabled person space, including the access aisle, located on either public or
private property, by a motor vehicle not displaying a special identification device issued by an
official state or federal agency, or by a motor vehicle displaying such a device but not being
used by a disabled person, as operator or passenger, is prohibited and is a misdemeanor for
which a fine may be imposed upon the owner, operator, or lessee of the motor vehicle. The
fine for each violation shall be one hundred dollars ($100.00).
11. Sec. 32-321.771. Unauthorized Removal of Vehicle.
(a) It shall be unlawful for any person to remove a vehicle from the facility where it is being
held without the prior payment of all accrued and delinquent fines and costs for towing, preser-
vation, and storage charges, and a city administrative fee of twenty dollars ($20.00) payable to
the City of Dubuque resulting from placing the vehicle in custody and the costs of the notice
required pursuant to Section 32-321.431 of this Division.
(b) The City Manager is authorized to summarily reimpound any vehicle removed in viola-
tion of this Section.
12. Sec. 32-321.800. Vehicular Noise.
(a) It shall be unlawful for any person to make, continue, or cause any disturbing, exces-
sive, or offensive noise which results in discomfort or annoyance to any reasonable person of
normal sensitivity by means of any radio, compact disk player, stereo, speakers, cassette tape
player, or similar sound device in a motor vehicle.
(b) The operation of any radio, compact disk player, stereo, speakers, cassette tape player,
or similar sound device in such a manner so as to be audible at a distance of two hundred feet
(200') from the motor vehicle shall constitute evidence of a prima facie violation of this Section.
13. Sec. 32-321.805. Engine Brakes and Compression Brakes.
(a) It shall be unlawful for the driver of any vehicle to use or operate or cause to be used or
operated within the city, any engine brake, compression brake, or mechanical exhaust device
designed to aid in the braking or deceleration of any vehicle that results in excessive, loud, un-
usual, or explosive noise from such vehicle.
35
(b) The usage of an engine brake, compression brake, or mechanical exhaust device de-
signed to aid in braking or deceleration in such a manner so as to be audible at a distance of
three hundred feet (300') from the motor vehicle shall constitute evidence of a prima facie vi-
olation of this Section.
(c) The scheduled fine for a violation of this Section shall be fifty dollars ($50.00).
14. Sec. 32-321.902. Motor Truck Routes Prohibited on Designated Streets.
(a) Motor trucks registered for a gross weight limit exceeding ten thousand (10,000) pounds
(five (5) tons) shall not travel over the following streets:
Ice Harbor Drive, from First Street to the Third Street Overpass.
Main Street, from Fifth Street to Ninth Street.
(b) The City Manager shall post signs limiting motor trucks registered with a gross weight
limit exceeding ten thousand (10,000) pounds (five (5) tons) from operating on the streets des-
ignated in Subsection (a) of this Section.
(c) The scheduled fine for a violation of this Section shall be fifty dollars ($50.00).
15. Sec. 32-321.903. Heavy Vehicles Prohibited on Certain Bridges.
(a) When signs are erected giving notice thereof, no person shall operate a vehicle exceed-
ing the posted gross vehicle weight limits on, or over the following bridges:
10 Tons
Louise Lane Bridge
12 Tons
Brunskill Road Bridge
20 Tons
Cousins Road Bridge
(b) This Section shall not apply to implements of husbandry or to implements of husbandry
loaded on hauling units for transporting the implements to locations for purposes of repair.
(c) A person who violates this Section shall, upon conviction or a guilty plea, be subject to a
fine determined by dividing the difference between the actual weight of the vehicle and the
maximum weight allowed by this Section by one hundred (100) and multiplying the quotient by
two dollars ($2.00).
th
Chapter 32 as amended is available at the City Clerk’s office located in City Hall, 50 W. 13 Street,
Dubuque, IA 52001. The regular business hours of the City Clerk’s office are from 8 a.m. to 5 p.m.
Monday through Friday. Amended Chapter 32 becomes effective upon publication.
th
Published officially in the Telegraph Herald Newspaper the 25 day of June, 2008.
/s/Jeanne F. Schneider, CMC, City Clerk
Outsourcing of Pet License Sales: City Manager recommending approval to negotiate a contract
with PetData for the outsourcing of pet license sales. Motion by Jones to receive, file and approve.
Seconded by Connors. Motion carried 7-0.
Carbon Disclosure Project (CDP): City Manager recommending that the City accept an invitation to
participate in the Carbon Disclosure Project (CDP) through the International Council for Local Envi-
ronmental Initiatives (ICLEI). Motion by Lynch to receive, file and approve. Seconded by Connors.
Connors thanked Assistant City Manager Cindy Steinhauser for her involvement with this issue. Mo-
tion carried 7-0.
Bee Branch Creek Restoration Project: City Manager recommending approval of the release of a
Request for Proposals to identify a consultant to prepare the final design, prepare construction/bid
documents, and perform construction observation for the Bee Branch Creek Restoration Project. Mo-
tion by Connors to receive, file and approve. Seconded by Jones. Upon questioning Connors was in-
36
formed that public input is part of the RFP and will involve neighborhood meetings. Motion carried 7-0
Regional Workforce Investment Board (RWIB): Communication from Wendy Mihm-Herold, Iowa
Workforce Development, requesting that the City submit two nominations for appointment of one rep-
resentative to the Region 1 Workforce Investment Board. Motion by Connors to receive and file the
documents and nominate Dirk Voetberg. Seconded by Braig. Motion carried 7-0.
Carter Road – Speed Limit: City Manager recommending that the speed limit on Carter Road be-
nd
tween West 32 Street and Kane Street be increased from 25 mph to 35 mph. Motion by Connors to
receive and file the documents and that the requirement that a proposed ordinance be considered
and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be
suspended. Seconded by Braig. Motion carried 7-0.
Motion by Connors for final consideration and passage of Ordinance No. 45-08 Amending the
Code of Ordinances of the City of Dubuque, Iowa by revising Subsection C of Section 32-231 thereof
providing for the establishment of speed limits on Carter Road. Seconded by Braig. Motion carried 7-
0.
OFFICIAL PUBLICATION
ORDINANCE NO. 45-08
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA
BY REVISING SUBSECTION (C) OF SECTION 32-231 THEREOF PROVIDING FOR THE ESTAB-
LISHMENT OF SPEED LIMITS ON CARTER ROAD
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Code of Ordinances of the City of Dubuque, Iowa, be amended by adding the
following to Subsection (c) of Section 32-231 thereof as follows:
“Sec. 32-231. Limits Generally.”
(c)
* * * * *
TWENTY-FIVE (25) MILES PER HOUR
Carter Road, from John F. Kennedy Road to Kane Street
* * * * *
THIRTY-FIVE (35) MILES PER HOUR
Carter Road, from Kane Street to West Thirty-Second Street
* * * * *
th
Passed, approved and adopted this 16 dayof June, 2008.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
th
Published officially in the Telegraph Herald Newspaper the 14 day of July, 2008.
/s/Jeanne F. Schneider, CMC, City Clerk
PUBLIC INPUT
th
Alan Carew, 181 W. 8 Street, questioned whether 440 Raymond Place would be exempted from
the proposed Bluffland ordinance.
CLOSED SESSION
37
Motion by Jones at 9:20 p.m. to convene in closed session regarding pending litigation and proper-
ty acquisition pursuant to Chapter 21.5(1)(c)(j) 2007 Code of Iowa, and Collective Bargaining Strategy
– Iowa Code Chapter 20.17(3). Seconded by Braig. Motion carried 7-0.
Motion by Jones at 10:27 to reconvene in open session stating that staff had been given proper di-
rection. Seconded by Braig. Motion carried 7-0.
There being no further business, upon motion the City Council adjourned at 10:28 p.m.
/s/Jeanne F. Schneider, CMC
City Clerk
38