1 6 14 City Council Proceedings Official_Special and RegularCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
The Dubuque City Council met in special session at 5:00 p.m. on January 6, 2014 in
the Historic Federal Building, 350 W. 6t" Street.
Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sut-
ton; City Manager Van Milligen, City Attorney Lindahl
Mayor Buol read the call and stated this is a special session of the City Council called
for the purpose of conducting a work session on the Upper Bee Branch Creek Restora-
tion Project Design.
WORK SESSION
Upper Bee Branch Creek Restoration Project Design
Civil Engineers Deron Muehring and Steve Brown; and Mike Jansen, Mike Bridwell,
and Shane Burrow of IIW Engineers and Surveyors, provided a slide presentation on
the Upper Bee Branch Creek Restoration Project design. Highlights included:
• Bee Branch Creek Restoration & Gateway
o current concept and development images
o phases 4 & 7 of the Bee Branch Watershed Flood Mitigation Project
o conceptual design
o phases of Lower Bee Branch construction
o scenic overlooks, floating island
• Upper Bee Branch Creek Restoration Project
o level control facility phases I & II
o biofield and boardwalk
o bridges, footbridges and amphitheater
o low-volume drip irrigation system
o orchard
o off-street parking nodes and permeable pavements
o sediment management
o typical creek cross section
o headwaters junction and structure
o hike/bike trails and nodes
o landscaping and plantings
o park fixtures, embankment slides, flags
o safety pier
o drinking fountains and lighting
o interpretive signs
o emergency call boxes and security cameras
There being no further business, upon motion the City Council adjourned at 6:08 p.m.
/s/Kevin S Firnstahl, CMC
City Clerk
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CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:30 p.m. on January 6, 2014 in
the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sut-
ton; City Manager Van Milligen, City Attorney Lindahl
Mayor Buol read the call and stated this is a regular session of the City Council called
for the purpose of conducting such business that may properly come before the City
Council.
PLEDGE OF ALLEGIANCE
SWEARING IN
Swearing In of Elected Officials & Mayor Pro Tem
Mayor Roy D. Buol
Ric W. Jones - Council Member At Large
Kevin J. Lynch - Council Member First Ward
Joyce E. Connors - Council Member Third Ward
David T. Resnick - Mayor Pro Tem
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dis-
pose of as indicated. Seconded by Connors. Motion carried 7-0.
1. Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of
11/26, City Council proceedings of 12/16/13, Community Development Advisory Com-
mission of 12/18, Library Board of Trustees of 11/21, Sister City Relationships Advisory
Commission of 12/11, Proof of Publication for City Council Proceedings of 12/2 and
12/16, Proof of Publication for List of Claims and Summary of Revenues for Month End-
ing 11/30. Upon motion the documents were received and filed.
2. Notice of Claims and Suits: Claim by William David for personal injury, Birgit
Siegert for vehicle damage, Tschiggfrie Excavating Company for labor and/or materials
and Gloria Williams for property damage. Upon motion the documents were received,
filed and referred to the City Attorney.
3. Disposition of Claims: City Attorney advising that the following claims have been
referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As-
surance Pool: William David for personal injury, Birgit Siegert for vehicle damage, and
Gloria Williams for property damage. Upon motion the documents were received, filed
and concurred.
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4. Nigerian Consulate Expression of Appreciation: Correspondence from Nigerian
Ambassador Geoffrey I. Teneilabe expressing appreciation for his recent visit to Dubu-
que and presentation at the Multicultural Family Center. Upon motion the documents
were received and filed.
5. MidAmerica Economic Development Council Awards: City Manager transmitting
the program from the MidAmerica Economic Development Council annual Economic
Development awards, which highlights Greater Dubuque Development Corporation's
awards for Business Retention & Expansion and Workforce Development. Upon motion
the documents were received and filed.
6. Request for Proposals — Collective Impact Volunteering Outreach Strategy: City
Manager recommending approval of the release of a Request for Proposals for the de-
velopment of a brand and outreach strategy for collective impact volunteering under the
Volunteer Generation Fund Grant. Upon motion the documents were received, filed and
approved.
7. Safety Consulting Services: City Manager recommending approval of the selection
of TRICOR Safety Consulting to conduct an assessment and authorization for the City
Manager to execute the Service Agreement. Upon motion the documents were re-
ceived, filed and approved.
8. Hwy. 151/61 S. Grandview Avenue Overpass Water Main Relocation Project Ac-
ceptance: City Manager recommending acceptance of the construction contract for the
Hwy. 151/61 S. Grandview Avenue Overpass Water Main Relocation Project, as com-
pleted by Tschiggfrie Excavating Company. Upon motion the documents were received
and filed and Resolution No. 1-14 Accepting the Hwy. 151/61 Grandview Avenue Over-
pass Water Main Relocation Project and authorizing the payment of the contract
amount to the contractor was adopted.
RESOLUTION NO. 1-14
ACCEPTING THE HWY. 151/61 SOUTH GRANDVIEW AVENUE OVERPASS WATER
MAIN RELOCATION PROJECT AND AUTHORIZING THE PAYMENT OF THE CON-
TRACT AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract for the Hwy. 151/61 South Grandview
Avenue Overpass Water Main Relocation Project (the Project) has been completed and
MSA Professional Services of Dubuque, Iowa, the City's consulting engineering firm,
has examined the work and filed a letter stating that the Project has been completed
according to the terms of the Public Improvement Contract and has recommended that
the Project be accepted.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City's consulting firm is approved and the Pro-
ject is hereby accepted.
Section 2. The Finance Director is hereby directed to pay the Contractor from the
Water Department's FY -2014 Capital Improvement Program Budget Fund Code 740-
1405 appropriation for the contract amount of $379,906.88 less any retained percentage
provided therein as provided in Iowa Code, Chapter 573, and to pay such retainage only
in accordance with the provisions of Iowa Code Chapter 573.
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Passed, approved and adopted this 6th day of January, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, CMC, City Clerk
9. Kennedy Mall, Ltd., Acceptance of Utility Easement: City Manager recommending
approval of a resolution accepting the Grant of Utility Easement from Kennedy Mall,
Ltd., for the JFK and Wacker Drive Intersection Improvements Traffic Signalization Pro-
ject scheduled for construction in the spring of 2014. Upon motion the documents were
received and filed and Resolution No. 2-14 Accepting the grant of utility easement
through, and over and across a part of Lot 1-1-1-1-1 of Hawkeye Stock Farm in Sec-
tions 27 and 28, Dubuque Township, in the City of Dubuque, Dubuque County, Iowa,
was adopted.
RESOLUTION NO. 2-14
ACCEPTING THE GRANT OF A UTILITY EASEMENT THROUGH, OVER AND
ACROSS A PART OF LOT 1-1-1-1-1 OF HAWIKEYE STOCK FARM IN SECTIONS 27
AND 28, DUBUQUE TOWNSHIP, IN THE CITY OF DUBUQUE, DUBUQUE COUNTY,
IOWA
Whereas, Kennedy Mall Ltd. have executed an Easement for Underground Electric,
Fiber Optic Cable, Traffic Signals, and Other Appurtenances through, under and across
Lot 1-1-1-1-1 of Hawkeye Stock Farm in Sections 27 and 28, Dubuque Township, in the
City of Dubuque, Dubuque County, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, ac-
cepts and consents to the Grant of Easement for Underground Electric, Fiber Optic Ca-
ble, Traffic Signals, and Other Appurtenances through, over and across Lot 1-1-1-1-1 of
Hawkeye Stock Farm in Sections 27 and 28, Dubuque Township, in the City of Dubu-
que, Dubuque County, Iowa from Kennedy Mall Ltd., a copy of which is attached hereto.
Section 2. The Mayor is hereby authorized and directed to execute and acknowledge
on behalf of the City of Dubuque any instruments in connection herewith.
Passed, approved and adopted this 6th day of January, 2013.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
10. Iowa Department of Economic Development: Correspondence from the Iowa De-
partment of Economic Development advising the City of an amendment to Community
Block Grant Program Contract 08-DRH-212 related to the Caradco Building and a tech-
nical correction to Amendment No. 5 related to the Linseed Oil Building. Upon motion
the documents were received and filed.
11. Novelty Iron Landlord - Amendment to Development Agreement: City Manager
recommending approval of a Second Amendment to Development Agreement with
Novelty Iron Landlord, LLC. Upon motion the documents were received and filed and
Resolution No. 3.-14 Approving the Second Amendment to the Development Agreement
between the City of Dubuque, Iowa, and Novelty Iron Landlord, LLC was adopted.
RESOLUTION NO. 3-14
APPROVING THE SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT
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BETWEEN THE CITY OF DUBUQUE, IOWA AND NOVELTY IRON LANDLORD, LLC
Whereas the City of Dubuque, Iowa (City) and Warehouse Trust, LLC (Developer)
entered into a Development Agreement dated for reference purposes the 1711" day of
June, 2013 which Development Agreement was assigned to Novelty Iron Landlord LLC;
and
Whereas the Development Agreement established a closing date of the December
30, 2013; and
Whereas City and Developer now desire to extend the closing date to June 30, 2014
to allow Developer to finalize its financing.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council hereby approves the Second Amendment to Develop-
ment Agreement, a copy of which is attached hereto.
Section 2. The Mayor is authorized and directed to sign the Second Amendment to
Development Agreement on behalf of the City of Dubuque.
Passed, approved and adopted this 611' day of January, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
12. Global Green Grant Application: City Manager recommending approval of the
submission of a Sustainable Neighborhood Assessment Grant for the Washington
Neighborhood. Upon motion the documents were received, filed and approved.
13. Mediacom Communications Company: Correspondence from Lee Grassley, Sen-
ior Manager of Government Relations for Mediacom Communications Company inform-
ing the City of rate adjustments being implemented on or about February 1, 2014 in ad-
dition to more transparency on cable bills related to how specific fees are shown. Upon
motion the documents were received and filed.
14. City Assessor's Office: Communication from City Assessor Rick Engelken advis-
ing the City of additional property tax appeals going before the Property Assessment
Appeal Board and District Court. Upon motion the documents were received and filed.
15. Business License Refund: Request from Rainbo Oil Company for a refund of the
liquor license for Kwik Stop, 1200 Cedar Cross Road, in the amount of $100. Upon mo-
tion the documents were received, filed and approved.
BOARDS/COMMISSIONS
Human Rights Commission: Three 3 -year terms through January 1, 2017 (vacant
term of Elliott and Expiring terms of Beacham and Jackson) Applicants: Andrea
Beacham, 1548 Pego Ct.; Miquel Jackson, 2130 Woodland Dr., Apt 11; Christopher
Ostwinkle, Ph.D., 3678 Pennsylvania Ave., Apt 0-183. Motion by Lynch to appoint An-
drea Beacham, Miguel Jackson, and Christopher Ostwinkle to 3 -year terms through
January 1, 2017. Seconded by Braig. Motion carried 7-0.
Mediacom Charitable Foundation: Two 1 -year terms through December 31, 2014
(Expiring terms of Chavenelle and Twining). Applicants: Gail Chavenelle, 1155 Kelly
Ln.; and Connie Twining, 421 N. Booth St. Motion by Braig to appoint Gail Chavenelle
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and Connie Twining to 1 -year terms through December 31, 2014. Seconded by Res-
nick. Motion carried 7-0.
PUBLIC HEARINGS
Motion by Jones to remove Item #2 Voluntary Annexation - Truck Country, 10785
U.S. Highway 61/151 from the table. Seconded by Connors. Motion carried 7-0.
Upon motion the rules were suspended allowing anyone present to address the City
Council.
1. Request to Rezone - Truck Country, 10785 U.S. Route 61: Proof of publication on
notice of public hearing to consider a request by McCoy Family Properties to zone
property at 10785 U.S. Route 61 pending annexation from Dubuque County B1, Busi-
ness Zoning District to City of Dubuque C-3 General Commercial Zoning District and the
Zoning Advisory Commission recommending approval. Motion by Jones to receive and
file the documents and that the requirement that a proposed ordinance be considered
and voted on for passage at two Council meetings prior to the meeting at which it is to
be passed be suspended. Seconded by Resnick. Attorney Peter Arling spoke in favor of
the rezoning on behalf of McCoy Family Properties. Planning Services Manager Laura
Carstens provided a staff report. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 1-14 Amend-
ing Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by
reclassifying hereinafter described property located at 10785 Highway 61 South from
County B-1 Business Districts to City of Dubuque C-3 General Commercial District,
concurrent with annexation. Seconded by Resnick. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 1-14
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED AT 10785 HIGHWAY 61 SOUTH FROM COUNTY B-1 BUSI-
NESS DISTRICTS TO CITY OF DUBUQUE C-3 GENERAL COMMERCIAL DISTRICT,
CONCURRENT WITH ANNEXATION
Whereas, McCoy Family Properties, Wausau Limited Partnership, and Truck Country
of Iowa, Inc., property owners, have requested rezoning, concurrent with annexation to
the city of Dubuque, in accordance with Section 16-9-5 of the City of Dubuque Code of
Ordinances.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, the Unified De-
velopment Code, is hereby amended by reclassifying the hereinafter -described property
from County B-1 Business District to City of Dubuque C-3 General Commercial District,
to wit:
Lot 2 of McCoy Place and Lot 3 of the NW 1/4 all in Section 12 Township 88 North,
Range 2 East of the 5th P.M. according to the plats thereof in Dubuque County, Iowa,
subject to highway and easements of record; Lot 2-1-1-1 of the NW 1/4 of Section 12
Township 88 North, Range 2 East of the 5th P.M., according to the United States Gov-
ernment Survey and the recorded plats thereof subject to highway and easements of
6
record; Lot 1 of McCoy Place; Lot 2 of Lot 1 of Lot 1 of Lot 2 of Lot 2 of Lot 2 of the NW
1/4 all in Section 12, Township 88 North, Range 2 East of the 5th P.M. according to the
United States Government Survey and the recorded plats thereof subject to highway
and easements of record; Lots A and D of Waller Street Subdivision, all in Section 12
Township 88 North, Range 2 East of the 5th P.M. according to the plats thereof in Dubu-
que County, Iowa, subject to highway and easements of record; and to the centerline of
the adjoining public right-of-way, all in the City of Dubuque, Iowa.
Section 2. That the foregoing amendment has heretofore been reviewed by the Zon-
ing Advisory Commission of the City of Dubuque, Iowa.
Section 3. This Ordinance shall take effect immediately upon publication, as provided
by law, and at such time that the herein described property is legally annexed into the
city of Dubuque.
Passed, approved and adopted this 6t11 day of January, 2014.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 10th day of January,
2014.
/s/Kevin S. Firnstahl, City Clerk
2. Voluntary Annexation - Truck Country, 10785 U.S. Highway 61/151 (Tabled from
December 16, 2013 meeting): Proof of publication on notice of public hearing to consid-
er the request by McCoy Family Properties for the voluntary annexation of territory
south of the City, and generally located at Truck Country, 10785 U.S. Highway 61/151
and the City Manager recommending approval. Motion by Connors to receive and file
the documents and adopt Resolution No. 4-14 Approving an application for voluntary
annexation of territory to the City of Dubuque, Iowa. Seconded by Braig. Motion carried
7-0.
RESOLUTION NO. 4-14
APPROVING AN APPLICATION FOR VOLUNTARY ANNEXATION OF TERRITORY
TO THE CITY OF DUBUQUE, IOWA
Whereas, the City of Dubuque has received a written application from McCoy Family
Properties for the voluntary annexation of territory south of the city, and generally locat-
ed at Truck Country, 10785 U.S. Highway 61/151; and
Whereas, the annexation territory is not subject to an existing annexation moratorium
agreement and does not include any railroad property; and
Whereas, the annexation territory does abut Dubuque County rights-of-way; and
Whereas, Iowa Code section 368.7 authorizes the extension of City limits in situa-
tions of this character by adoption of a resolution after notification and public hearing;
and
Whereas, this annexation is consistent with the City's Comprehensive Plan; and
Whereas, the City of Dubuque has the capacity to provide substantial municipal ser-
vices to the annexation territory; and
Whereas, the annexation is in the public interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The corporate limits of Dubuque, Iowa are hereby extended to include the
Annexation Territory as shown in Exhibit A and legally described as: Lot 2 of McCoy
Place and Lot 3 of the NW 1/4 all in Section 12 Township 88 North, Range 2 East of the
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5th P.M. according to the plats thereof in Dubuque County, Iowa, subject to highway and
easements of record; Lot 2-1-1-1 of the NW 1/4 of Section 12 Township 88 North, Range
2 East of the 5th P.M., according to the United States Government Survey and the rec-
orded plats thereof subject to highway and easements of record; Lot 1 of McCoy Place;
Lot 2 of Lot 1 of Lot 1 of Lot 2 of Lot 2 of Lot 2 of the NW 1/4 all in Section 12, Township
88 North, Range 2 East of the 5th P.M. according to the United States Government Sur-
vey and the recorded plats thereof subject to highway and easements of record; Lots A
and D of Waller Street Subdivision, all in .Section 12 Township 88 North, Range 2 East
of the 5th P.M. according to the plats thereof in Dubuque County, Iowa, subject to high-
way and easements of record; and to the centerline of the adjoining public rights-of-way,
including the North 1/2 of Lake Eleanor Road from US 61/151 west to this annexation
territory and the South 1/2 of Chestnut Street from US 61/151 west to this annexation
territory, all in the County of Dubuque, Iowa.
Section 2. The Annexation Territory hereby annexed shall become part of the 1st
Precinct of the 1st Ward of the City of Dubuque, Iowa.
Section 3. The City Clerk shall file this resolution, all exhibits and the petition for vol-
untary annexation with the State of Iowa as required by law.
Passed, approved and adopted this 6th day of January, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
1. Greater Dubuque Development Corporation - Quarterly Update: President and
CEO Rick Dickinson presented a verbal update on the activities of the Greater Dubuque
Development Corporation. Motion by Lynch to receive and file the information. Second-
ed by Braig. Motion carried 7-0. Mr. Dickinson congratulated the newly elected official
and noted GDDC's new office location in the Schmidt Innovation Center, 900 Jackson
Street. Mr. Dickinson focused on the five-year anniversary of IBM's move to Dubuque
addressing the City's commitment to the project, realization of the Roshek Building res-
toration, IBM's payroll contribution to the community, regional hub effects on job growth,
population, housing price points and the average wage.
2. America's River Festival Funding Request: City Manager recommending approval
of a request from the America's River Corporation for the City of Dubuque to provide aid
in offsetting the 2013 America's River Festival shortfall with a contribution from the City.
Motion by Connors receive and file the documents and approve the recommendation.
Seconded by Jones. Motion carried 5-2 with Resnick and Sutton voting nay.
3. Fiscal Year 2015 Budget and Fiscal Policy Guidelines: City Manager recommend-
ing adoption of the Fiscal Year 2015 Budget and Fiscal Policy Guidelines. Motion by
Connors to receive and file the documents and approve the recommendation. Second-
ed by Braig. Motion carried 6-1 with Resnick voting nay.
4. Code of Ordinances Amendment - Title 4 Business and License Regulations: City
Manager recommending approval of revisions to the City of Dubuque Code of Ordi-
nances relating to Pawn/Secondhand Dealers and Junk/Salvage Operators. Motion by
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Lynch to receive and file the documents and that the requirement that a proposed ordi-
nance 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 Lynch for final consideration and passage of Ordinance No. 2-14 Amend-
ing City of Dubuque Code of Ordinances Title 4 Business and License Regulations,
Chapter 6 Pawnbrokers and Secondhand Dealers; Junk and Auto Salvage Dealers by
Amending the Proof of Financial Responsibility. Seconded by Braig. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 2-14
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND
LICENSE REGULATIONS, CHAPTER 6 PAWNBROKERS AND SECONDHAND
DEALERS; JUNK AND AUTO SALVAGE DEALERS BY AMENDING THE PROOF
OF FINANCIAL RESPONSIBILITY
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Title 4, Chapter 6 of the City of Dubuque Code of Ordinances is amended
to read as follows:
ARTICLE A. PAWNBROKERS AND SECONDHAND DEALERS
4-6A-1: DEFINITIONS:
For the purposes of this article, the following definitions apply:
PAWNBROKER: Any person who makes loans or advancements upon pawn, pledge,
or deposit of personal property, who receives actual possession of personal property as
security for a loan, with or without a mortgage or bill of sale, who receives actual pos-
session of property for resale, or otherwise holds himself or herself out as a pawnbro-
ker.
PERSON OF GOOD MORAL CHARACTER: A person who meets all of the following
requirements:
A. The person has such financial standing and good reputation as will satisfy the city
council that the person will comply with all the laws, provisions of this code, other city
ordinances, and regulations applicable to the person's operations under state law. How-
ever, the city council will not require the person to post a bond to meet the requirements
of this subsection;
B. The applicant is a citizen or legal resident of the United States; in the case of a
corporation, is licensed to do business in the state of Iowa; or in the case of a partner-
ship, only one general partner needs to be a citizen or legal resident;
C. The person has not been convicted of a felony. However, if a conviction of a felony
occurred more than five (5) years before the application for a license or permit and if the
person's rights of citizenship have been restored, the city manager may determine that
said person is a person of moral character notwithstanding the conviction; and
The requirements of this definition apply to the following:
1. Each of the officers, directors, and partners of such person.
2. A person who directly or indirectly owns or controls ten percent (10%) or more of
any class of stock of such person.
3. A person who directly or indirectly has an interest of ten percent (10%) or more in
the ownership or profits of such person.
SECONDHAND DEALER: Any person who purchases or receives used goods or ma-
terials for the purpose of resale including, but not limited to:
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Bicycles
Coins
Collectibles
Computers, software, and computer accessories
Construction equipment
Electronic equipment
Firearms
Glassware
Household appliances
Hunting and fishing equipment
Jewelry
Lawn and garden tools, equipment, and furnishings
Motor vehicle parts and equipment
Motor vehicles
Musical instruments
Photographic/video parts and equipment
Precious and semiprecious stones
Precious metals in the form of bullion or ingots
Radio equipment
Rare books
Silver/silverware
Sporting goods
Stereo equipment
Television equipment
Tools
Untitled motor vehicles
Video game systems, originally manufactured with a serial number
Works of art
Nonprofit corporations and businesses which are not primarily engaged in the sale of
secondhand goods are exempt from this article.
4-6A-2: PENALTIES: Failure to comply with this article is a violation of this code and
is punishable as provided in Title 1 of this code. Each day of noncompliance with this
article is a separate offense.
4-6A-3: LICENSE:
A. License Required; Application: No person may engage in the business of pawn-
broker or secondhand dealer without first obtaining a license therefor. Applications for
such licenses must be filed with the city clerk and the license issued by the city clerk.
4-6A-4: PERSONS ELIGIBLE: Subject to the requirements of this article, a person
who is of good moral character may apply for a license. In the case of a club, corpora-
tion, or partnership, the officers of the club or corporation and the partners of a partner-
ship must be persons of good moral character as defined by state law and this article.
4-6A-5: APPLICATION CONTENTS: Applications for the original issuance or the re-
newal of licenses must be filed at the time and in the number of copies as the city man-
ager prescribes, on forms prescribed by the city manager, and must set forth under oath
the following information:
A. The name and address of the applicant;
B. The precise location of the premises for which a license is sought;
C. The names and addresses of all persons, or in the case of a corporation, the offic-
ers, directors, and persons owning or controlling ten percent (10%) or more of the capi-
10
tal stock thereof, having a financial interest, by way of loan, ownership, or otherwise in
the business;
D. A statement whether any person specified in subsection C of this section has ever
been convicted of any offense against the laws of the United States, or any state or ter-
ritory thereof, or any political subdivision of any such state or territory; and
4-6A-7: PROOF OF FINANCIAL RESPONSIBILITY: Pawnbrokers and secondhand
dealers who receive actual possession of property for resale with an agreement to re-
turn the property to the owner within a specified period of time must furnish proof of fi-
nancial responsibility by posting bond in such amount as determined by the city manag-
er.
4-6A-9: EXEMPTIONS FROM ARTICLE: This article does not apply to or include the
following:
A. Solicitors governed by Chapter 5 of this title, except for purchasers of gold, bullion,
ingots, precious metals, and jewelry who are subject to the provisions of these pawn-
broker and secondhand dealer regulations.
B. The sale of secondhand goods as follows:
5. Goods sold at a public market, such as farmers' market; or
E. Beverage containers.
F. Scrap paper.
4-6A-10: DENIAL, SUSPENSION, OR REVOCATION OF LICENSE:
A. Reasons For Denial, Suspension, Or Revocation: The city manager may, upon
good cause, deny issuance or renewal of a license or suspend or revoke any license
issued under this article for a period not to exceed one year for any of the following:
1. Violation of any federal, state, or local law;
3. Failure to cooperate with law enforcement; or
E. Notice Of License Suspension Or Revocation: The city manager will cause to be
issued a notice that said license is suspended or revoked and therein set forth the rea-
son(s) therefor. Said notice must be sent to the licensee by certified United States mail
to the registered business address on file with the city clerk or by personal service as
provided by Iowa law.
4-6A-11: REQUIRED RECORDS:
A. Pawnbrokers and secondhand dealers must provide an electronic transaction of all
articles of any kind purchased or received using the city's electronic reporting system as
approved by the city manager. Businesses that sell, deal, or trade in electronic me-
dia/gaming systems must report all merchandise originally manufactured with a serial
number.
The report must be a full, true, and complete report of all goods, wares, merchandise,
or items obtained on deposit, pledge, or purchase, or otherwise received, and must con-
tain the following:
4. A record of whether the transaction was a purchase, security, consignment trans-
action, or donation; and
5. A record of monies paid or loaned and which may be maintained separately but
which must be available for inspection in the course of examination of individual trans-
actions.
The electronic reporting system will provide for an upload of a complete electronic
report. Each "pawnbroker" and "secondhand dealer" as defined by this article must at
the end of each day provide an electronic upload to the electronic reporting system of all
transactions that occurred during that business day.
4-6A-12: PROHIBITED ACTS:
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C. Identification Required: No pawnbroker or secondhand dealer may receive any
goods or materials unless the seller presents one picture identification or two (2) other
forms of identification. Proper identification consists of, but is not limited to, driver's li-
cense, picture identification, birth certificate, draft card, military identification card,
and/or major credit card.
E. Jewelry: Antique, new, used, or scrap jewelry, and precious metals may not be
changed in form by melting, remounting, cutting up, or otherwise changing the form of
said items for a period of five (5) days from the time of purchase of said items.
4-6A-13: INSPECTION:
A. The licensee must, during business hours, permit a duly authorized police officer
to inspect the entire premises covered by the license, including all records that may
have any relationship to the operation of the business.
B. The police may seize, with proper seizure notice, or require the licensee to hold
property which the police have probable cause to believe is stolen property. A receipt
will be given to the licensee for all property seized. If the police have not seized or
picked up the property within thirty (30) days from the date of notification to the licensee,
said licensee may dispose of the property. Said licensee may petition the court at the
conclusion of any criminal investigation and/or proceeding for return of any unclaimed
merchandise confiscated from their possession related to the investigation or prosecu-
tion. Said licensee may also be eligible for assistance from the state of Iowa crime vic-
tim compensation fund.
ARTICLE B. JUNK DEALERS AND AUTO SALVAGE DEALERS
4-6B-1: DEFINITIONS:
For the purposes of this article, the following definitions apply:
PERSON OF GOOD MORAL CHARACTER: Any person who meets all of the follow-
ing requirements:
A. The person has such financial standing and good reputation as will satisfy the city
council that the person will comply with all the laws, provisions of this code, other city
ordinances, and regulations applicable to the person's operations under state law. How-
ever, the city council will not require the person to post a bond to meet the requirements
of this subsection;
B. The applicant is a citizen or legal resident of the United States; in the case of a
corporation, is licensed to do business in the state of Iowa; or in the case of a partner-
ship, only one general partner needs to be a citizen or legal resident;
C. The person has not been convicted of a felony. However, if a conviction of a felony
occurred more than five (5) years before the application for a license or permit and if the
person's rights of citizenship have been restored, the city manager may determine that
said person is a person of moral character notwithstanding the conviction; and
The requirements of this definition apply to the following:
1. Each of the officers, directors, and partners of such person.
2. A person who directly or indirectly owns or controls ten percent (10%) or more of
any class of stock of such person.
3. A person who directly or indirectly has an interest of ten percent (10%) or more in
the ownership or profits of such person.
4-6B-2: PENALTIES: Failure to comply with this article is a violation of this code and
is punishable as provided in title 1 of this code. Each day of noncompliance with this ar-
ticle is a separate offense.
4-6B-3: LICENSE:
A. License Required; Application: No person may engage in the business of junk
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dealer or auto salvage dealer without first obtaining a license therefor. Applications for
such license must be filed with the city clerk and issued by the city clerk.
4-6B-4: PERSONS ELIGIBLE: Subject to the requirements of this article, a person
who is of good moral character may apply for a license. In the case of a club, corpora-
tion, or partnership, the officers of the club or corporation and the partners of a partner-
ship must be persons of good moral character as defined by state law and this article.
4-6B-5: APPLICATION CONTENTS: Applications for the original issuance or the re-
newal of licenses must be filed at the time and in the number of copies as the city man-
ager prescribes, on forms prescribed by the city manager, and must set forth under oath
the following information:
A. The name and address of the applicant;
B. The precise location of the premises for which a license is sought;
C. The names and addresses of all persons, or in the case of a corporation, the offic-
ers, directors, and persons owning or controlling ten percent (10%) or more of the capi-
tal stock thereof, having a financial interest, by way of loan, ownership, or otherwise in
the business;
D. A statement whether any person specified in subsection C of this section has ever
been convicted of any offense against the laws of the United States, or any state or ter-
ritory thereof, or any political subdivision of any such state or territory; and
4-6B-6: INVESTIGATION OF APPLICANT AND PREMISES: Upon receipt of an orig-
inal application for a license, the city clerk will forward the application to the chief of po-
lice, who will conduct an investigation and submit a written report on the applicant as to
the truth of the facts averred in the application and a recommendation to the city man-
ager as to the approval of the license.
4-6B-7: DISPLAY OF LICENSE:
4-6B-8: EXEMPTIONS FROM ARTICLE:
4-6B-9: DENIAL, SUSPENSION OR REVOCATION OF LICENSE:
A. Reasons For Denial, Suspension, Or Revocation: The city manager may, upon
good cause, deny issuance or renewal of a license or suspend or revoke any license
issued under this article for a period not to exceed one year for any of the following:
1. Violation of any federal, state, or local law;
3. Failure to cooperate with law enforcement; or
F. Notice Of License Suspension Or Revocation: The city manager will cause to be
issued a notice that said license is suspended or revoked and therein set forth the rea-
son(s) therefor. Said notice must be sent to the licensee by certified United States mail
to the registered business address on file with the city clerk or by personal service as
provided by Iowa law.
4-6B-10: REQUIRED RECORDS:
A. Junk dealers must maintain a record of all articles of any kind purchased or re-
ceived. The record must be a full, true, and complete report of all goods, wares, mer-
chandise, or items obtained on deposit, pledge, or purchase, or otherwise received, and
must contain the following:
B. Auto salvage dealers must maintain a record of all articles of any kind purchased
or received. The record must be a full, true, and complete report of all goods, wares,
merchandise, or items obtained on deposit, pledge, or purchase, or otherwise received.
The report must contain the following:
4-6B-11: PROHIBITED ACTS:
C. Identification Required: No junk dealer or auto salvage dealer may receive any
goods or materials unless the seller presents one picture identification or two (2) other
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forms of identification. Proper identification consists of, but is not limited to, driver's li-
cense, picture identification, birth certificate, draft card, military identification card,
and/or major credit card.
4-6B-12: PURCHASES OR DONATION TRANSACTIONS:
A. Application Of Article To Certain Goods And Materials: The purchase or receipt of
the following listed goods or materials as a purchase or a donation is governed by this
article:
Bicycles
Collectibles
Computers, software, and computer accessories
Construction equipment
Electronic equipment
Firearms
Glassware
Household appliances
Household furniture
Hunting and fishing equipment
Jewelry
Junk
Lawn and garden tools, equipment, and furnishings
Motor vehicle parts and equipment
Motor vehicles
Musical instruments
Photographic/video parts and equipment
Precious and semiprecious stones
Precious metals and coins, including, but not limited to, gold, silver, platinum, titani-
um, and tungsten
Radio equipment
Rare books
Silver/silverware
Sporting goods
Stereo equipment
Television equipment
Tools
Untitled motor vehicles
Video game systems, originally manufactured with a serial number
Works of art
B. Exempt Items: The following items are exempt from the provisions of this article:
1. Beverage containers; and
2. Scrap paper.
4-6B-13: INSPECTION:
A. The licensee must, during business hours, permit a duly authorized police officer
to inspect the entire premises covered by the license, including all records that may
have any relationship to the operation of the business.
B. The police may seize, with proper seizure notice, or require the licensee to hold
property which the police have probable cause to believe is stolen property. A receipt
will be given to the licensee for all property seized. If the police have not seized or
picked up the property within thirty (30) days from the date of notification to the licensee,
said licensee may dispose of the property.
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4-6B-14: SCREENING REQUIREMENTS FOR JUNK AND SALVAGE OPERA-
TIONS:
A. Approval Of Screening Plan: An operator of a junkyard/salvage operation must
submit to the city manager a screening plan which must be approved for each individual
premises. The screening plan must integrate the screen with the natural surroundings
and consider and make provisions to assure reasonable access to the screen for pur-
poses of maintaining the screen.
B. Purpose Of Screening: The purpose of screening is to eliminate the visual impact
of the junkyard/salvage operation contents by obscuring it from view outside the prem-
ises.
C. Materials For Use In Screening: Materials for use in screening of junkyard/salvage
operation generally consist of natural elements, plantings, fences, or other appropriate
means such as storage sheds, buildings, and other similar elements.
1. Natural elements include earthen berms, rock formations, wooded areas, or other
similar elements.
2. Plantings include shrubs and trees of such types as to provide year round ob-
scurement commensurate with local site conditions. All plant material used for screen-
ing must be of a size and quantity to provide obscurement.
3. Screens must be made of wood, metal, or other materials commonly used in the
building trade and be of such height and type as necessary to provide obscurement.
Screens must be designed to withstand a minimum wind load of twenty (20) pounds per
square foot and be of a permanent nature. All materials used for finishing screens must
be a nonreflective material which will blend with the natural surroundings. Screening
must not be placed in any manner so that either the screen or the maintenance of
screen will create or contribute to the creation of a safety hazard or endanger public
safety, nor will it interfere with the public's use of any right of way.
D. Maintenance Requirements: Junkyard/salvage operators must maintain the
screening in a condition equal to the original installation of the screening. Maintenance
includes, but is not limited to, the following items:
1. Replacement of plant material which is dead or has been damaged so that it no
longer serves the intended purpose of screening the junkyard/salvage operation.
Section 2. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 6th day of January, 2014.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, CMC, City Clerk
Published officially in the Telegraph Herald newspaper on the 10th day of January,
2014.
/s/Kevin S. Firnstahl, City Clerk
5. Code of Ordinances Amendment - Title 9 Operating Without Registration: City
Manager recommending approval of an amendment to City of Dubuque Code of Ordi-
nances Section 9-4-321.98: Operation without Registration, to make it consistent with
the State Code. Motion by Lynch to receive and file the documents and that the re-
quirement 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. Se-
conded by Connors. Motion carried 7-0.
Motion by Lynch for final consideration and passage of Ordinance No. 3-14 Amend-
ing City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 4
15
Driver's Licenses, Division 1 Generally, Section 9-4-321.98 Operation Without Registra-
tion to Mirror the State Code. Seconded by Braig. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 3-14
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHI-
CLES AND TRAFFIC, CHAPTER 4 DRIVERS' LICENSES, DIVISION 1 GENERALLY,
SECTION 9-4-321.98 OPERATION WITHOUT REGISTRATION TO MIRROR THE
STATE CODE
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 9-4-321.98 of the City of Dubuque Code of Ordinances is amend-
ed to read as follows:
9-4-321.98: OPERATION WITHOUT REGISTRATION:
1. Except as otherwise expressly permitted in this chapter, a person shall not operate
and an owner shall not knowingly permit to be operated upon any highway any vehicle
required to be registered and titled under this chapter unless:
a. A valid registration card and registration plate or plates issued for the vehicle for
the current registration year are attached to and displayed on the vehicle when and as
required by this chapter; and
b. A certificate of title has been issued for the vehicle.
2. Any violation of this section is a simple misdemeanor punishable as a scheduled
violation under Iowa Code section 805.8A, subsection 2.
Section 2. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 6th day of January, 2014.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 10th day of January,
2014.
/s/Kevin S. Firnstahl, City Clerk
6. Dubuque County Early Childhood Board: Correspondence from Director Sherri
Edwards inviting a member of the City Council to serve on the Dubuque County Early
Childhood Board. Motion by Braig to receive and file the documents and she will volun-
teer for the position. Seconded by Resnick. Motion carried 7-0.
7. Operation New View Board Member Appointments: Correspondence from M.
Thomas Stovall, Executive Director of Operation: New View Community Action Agency,
requesting that the City make appointments to the Board of Directors at the first meeting
in January 2014 (currently City Council Members Lynn Sutton and David Resnick), and
a representative appointed by the City Manager (currently Alvin Nash). Motion by Con-
nors to receive and file the documents and re -appoint Council Members Resnick and
Sutton. Seconded by Lynch. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Mayor Buol reported on the resent passing of Arnie Honkamp.
PUBLIC INPUT
16
Jacob Long, 4606 Cardinal Drive, addressed the City Council regarding what he be-
lieves is a lack of Council communication with individuals and business owners affected
by the Bee Branch Creek Restoration Project, accessibility issues he cites with the new
public restrooms at 5t" and Bluff Streets, and the percent of food stamp customers he
feels is disparate with economic development.
CLOSED SESSION
Motion by Jones to convene in closed session at 7:50 p.m. to discuss pending litiga-
tion and property acquisition pursuant to Chapter 21.5(1)(c), -(j) Code of Iowa. Second-
ed by Braig. Motion carried 7-0.
Upon motion, the City Council reconvened in open session at 9:11 p.m., stating that
staff had been given proper direction.
There being no further business, upon motion the City Council adjourned at 9:12 p.m.
/s/Kevin S. Firnstahl, CMC
City Clerk
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