City Council

CITY COUNCIL Lower Level Council Chambers Monday, August 07, 2023 6:00 PM MINUTES CALL TO ORDER – ROLL CALL PRESENT Mayor Jeff Jacque, Council Member Jim Gibbs, Council Member Jenni Ostwinkle Silva, Council Member Mike English, Council Member Mike Oberbroeckling, Council Member Tom Westhoff PLEDGE OF ALLEGIANCE APPROVAL OF AGENDA Motion made by Council Member English to approve Monday, August 7, 2023 agenda as presented Seconded by Council Member Ostwinkle Silva. Voting Yea: Gibbs, Ostwinkle Silva, English, Oberbroeckling, Westhoff Nay: None Motion carried. ORAL COMMENTS Joe Ertl, 507 13th Avenue SE, why are we changing our laws? I am told it is because we cannot discriminate on how people dress. I do not care how people dress. Can you name someone that has been discriminated against for how they dressed or why do we need to change our laws. Why do drag queens want to read to children? The city council should have three readings on the ordinance so people have an opportunity to speak. He asks St. Michael to pray for our children. Nick Kuennen, 304 E Bridge St, Elkader, reference from the Bible Luke 17: 1-3 and he is very concerned about this. Shared with council because they now have to make a decision on the safety of our youth. He has two children and concerned has heck about this. God has reserved a spot in hell for everybody. It is our choices that will determine if we end up there. Zachary Lujan, PO Box 494, Manchester, doctor in Delaware County, no reason to scandalize the youth. We have to protect our youth at all costs. We have no idea what kind of flood gates will open if we change the law. ACLU has no power or authority. They are bullying with deep pockets. Pray the council makes the right decision and think about the kids. APPROVAL OF CONSENT AGENDA Motion made by Council Member Oberbroeckling to approve the Consent Agenda as amended Seconded by Council Member Gibbs with pulling invoice in the amount of $100.00 to Judy Wilhelm. Voting Yea: Gibbs, Ostwinkle Silva, English, Oberbroeckling, Westhoff Nay: None Motion carried. 1. Approve Bills; 2. Approve Minutes City Council Meeting - July 17, 2023; 3. Class C Beer Permit (BC) Sundstop II; 4. Fireworks Permit Dyersville Golf & Country Club (Steve Salter) - August 21, 2023; 5. Request from Timothy Wilhelm of Classic Revival Auto Restorations to close off 2nd St NE in front of Textile Brewery and 2nd Ave NE in front of the Fuse, and also closing off the parking lot East of Textile Brewery for a Car Show on Saturday, September 23, 2023 from 11:00 am - 4:00 pm.; 6. Request from Brown's Hometown Victory Foundation to hold a "Dinner on the Bridge" event Wednesday, September 13, 2023 on the David Vorwald Memorial Bridge from 6 pm to 9 pm.; 7. Miscellaneous Correspondence Request from the City Clerk to move the regularly scheduled Council Meeting on Labor Day, Monday, September 4, 2023 to Tuesday, September 5, 2023 at 6:00 pm.; 8. Miscellaneous Correspondence Greater Dubuque Development Corporation Newsletter - July 2023; 9. Miscellaneous Correspondence ECIA Spotlight - July 2023; 10. Miscellaneous Correspondence Keep Iowa Beautiful Newsletter - July 2023 Access Systems Contract $ 139.74 Ace Homeworks Supplies $ 433.84 Alliant Energy Electricity $ 16,912.93 340 1st Avenue East, Dyersville, Iowa 52040 • Phone: 563-875-7724 • Fax: 563-875-8234 www.cityofdyersville.com American Legion Post 137 Renovation $ 14,718.91 Automatic Systems Co Supplies $ 14,270.00 Bard Materials Rock/Lime/Sand/Concrete $ 168.67 Bi-County Disposal Inc Garbage / Recycling $ 26,376.65 Breier, Christina Refunds $ 75.00 BSN Sports/Collegiate Pacific Supplies $ 5,199.99 Capital Sanitary Supply Supplies $ 675.20 Carquest Auto Parts Supplies $ 79.42 ChargePoint Renewal $ 690.00 Clemen, Tammy Refund $ 100.00 Computer Doctors Inc Computer Work $ 343.00 Crescent Electric Supply Supplies $ 7,108.90 Diamond Vogel Supplies $ 915.00 Dolphin, Neil Reimbursement $ 300.00 Dubuque Fire Equipment Inc Inspection $ 251.00 Dyersville Area Historical Society Funding $ 3,000.00 Dyersville Commercial Legal Notices/Ads $ 210.12 Dyersville Red Jackets Supplies $ 22.31 Eagle Point Energy 5 Solar Energy $ 3,847.51 East Central Intergovernmental Assn Professional Services $ 3,330.45 Farmers Shipping Assn Supplies $ 600.00 Fire Service Training Bureau Training $ 450.00 Giant Wash Uniforms/Floor Mats $ 210.74 Hawkeye Alarm & Signal Company Contracted Service $ 300.00 Hawkins Water Treatment Supplies $ 2,447.98 Hefel Portable Services LLC Contracted Service $ 3,547.00 Honkomp, Jeremy Reimbursement $ 77.25 Imon Communications LLC Fiber Optic Internet $ 1,005.00 Iowa Base Inc Supplies $ 4,809.00 Iowa Dept of Natural Resources Annual Fee $ 1,275.00 Iowa One Call One Call Locates $ 116.10 J & J Lawn Care Mowing Contract $ 10,783.50 J & R Rental Rental Equipment $ 1,552.00 Jam Systems & Midland Doors Maintenance $ 62.71 Jeff's Auto Service Vehicle Maintenance $ 1,085.90 Jochum, Rick Reimbursement $ 300.00 John Deere Financial Supplies $ 1,765.45 Jumbo Visual Projection Service $ 300.00 Knipper, Delaine Refund $ 100.00 Landmark Turf Services Contracted Service $ 1,956.00 Lexipol Annual Fee $ 663.32 Macqueen Equipment Equipment Rent $ 500.00 Maquoketa Valley Electric Coop Fiber Optic $ 1,056.72 Medical Associates Clinic Testing $ 52.00 Metering & Technology Solutions Supplies $ 694.03 Microbac Laboratories Testing $ 971.25 MM Mechanical Supplies/Labor $ 23,806.00 Mr. Lock & Key Supplies/Labor $ 214.99 Naber, Matt Referee Fees $ 175.00 Nieman, Tim Referee Fees $ 75.00 Nosbisch, Lynn Referee Fees $ 275.00 Origin Design Co Engineer Fees $ 28,347.87 Paul's Pest Control Contracted Service $ 115.00 340 1st Avenue East, Dyersville, Iowa 52040 • Phone: 563-875-7724 • Fax: 563-875-8234 www.cityofdyersville.com Pet Waste Eliminator Supplies $ 319.99 Pettinger, Joan or Russ Refund $ 100.00 Preferred Health Choices LLC HRA $ 100.00 RDG Planning & Design Professional Services $ 298,240.21 Recker Construction Supplies/Labor $ 4,100.00 Rediger, Mary Pat Refund $ 100.00 Reliance Standard Insurance $ 838.02 Schwan's Home Service Concession Supplies $ 543.61 Secretary of State Notary Renewal $ 30.00 Siitari, Andrew Reimbursement $ 547.59 Simmering-Cory Iowa Codification Codification $ 475.00 Sodawasser, Jon Reimbursement $ 300.00 Spahn & Rose Lumber Co Supplies $ 189.35 Speer Financial Financial Services $ 335.00 Steger Construction Contracted Service $ 16,335.00 Tauke Motors Vehicle Maintenance $ 577.95 Telegraph Herald Legals/Ads $ 141.86 The Battery Center Supplies $ 67.90 TJ Cleaning Services Cleaning Services $ 1,070.00 Travel Dubuque Marketing $ 15,000.00 Verizon Wireless Cell Phone $ 946.66 Volkens Inc Contracted Service $ 250.00 White Cap LP Supplies $ 30.24 WHKS & Co Engineer Fees $ 2,937.62 Willenborg, Janice Refund $ 100.00 Windstream Phone $ 568.20 Wolf, Russ Referee Fees $ 275.00 Wolff, Ashten Refund $ 100.00 Zarnoth Brush Works Inc Supplies $ 418.70 001 - General Fund $ 78,574.74 110 - Road Use Fund $ 1,508.36 112 - Trust and Agency Fund $ 600.00 128 - CDBG $ 31,901.91 301 - Capital Projects Fund $ 324,970.20 600 - Water Fund $ 23,642.65 602 - Water Capital Fund $ 37,046.50 610 - Sewer Fund $ 6,554.35 612 - Sewer Capital Fund $ 2,938.75 670 - Solid Waste Fund $ 26,158.89 Grand Total: $ 533,896.35 ACTION ITEMS 11. Ordinance No. 855 amending Chapter 127 of the Code of Ordinances of Dyersville, Iowa, by Amending Adult Entertainment Facilities. First Reading. Joe Ertl, 507 13th Avenue SE, believes the council needs to let the public speak. Chris Link, 412 1st Avenue W, you said it was a very limited area they could be in. Where is the area limited to? 340 1st Avenue East, Dyersville, Iowa 52040 • Phone: 563-875-7724 • Fax: 563-875-8234 www.cityofdyersville.com Joe Ertl, 507 13th Avenue SE, was Mr. Westhoff's reading the first reading? Can you add anything in there about what kind of books can be read? Nick Kuennen, 304 E Bridge St, Elkader, can drag queens be in a business? How does the City approve businesses? We are all called to protect. Chris Salrin, 1120 18th Street SE, thank you addressing this and I would hope we are more proactive on the law. Would like time to have this digested and see what the restricted 2,000 ft. area looks like. Dayla Salrin, 1120 18th Street SE, wants to understand the dress of someone and does that count towards the sexual content. Eric Loeffelholz, 119 Royal Oaks Court, Guttenberg, would this pertain to the Field of Dreams, point is if you are going to bring people in from all over the world. He does not want to see any adult entertainment. Joe Ertl, 507 13th Avenue SE, thanked the council for having an open meeting and letting the people speak tonight. Robert Meisch, 1315 13th Ave NE, one of the concerns he has is with the content of some children's book reading. Nick Kuennen, 304 E Bridge St, Elkader, could you add in the word transvestite or cross dresser in the Ordinance? He is not aware of an Ordinance in Elkader. Fears that this could be a grooming operation. Zachary Lujan, PO Box 494, Manchester, understands that we can’t govern morality the job is to mitigate the situation and not get into any hot water. Is there a way to require approval before something is read? Chris Link, 412 1st Avenue W, say they were going to have a storybook hour he was wondering if people could protest? Motion made by Council Member English to waive first reading Seconded by Council Member Westhoff. Voting Yea: Gibbs, Ostwinkle Silva, English, Oberbroeckling, Westhoff Nay: None Motion carried. Motion made by Council Member English to approve first reading Seconded by Council Member Westhoff. Voting Yea: Gibbs, Ostwinkle Silva, English, Oberbroeckling, Westhoff Nay: None Motion carried. 12. Waive Second Reading of Ordinance No. 855 No action taken 13. Waive Third Reading of Ordinance No. 855 No action taken 14. 6:00 P.M. Public Hearing to approve or deny the zoning amendment to adjust the number of the Planning and Zoning Commission Motion made by Council Member English to open Public Hearing Seconded by Council Member Westhoff. Voting Yea: Gibbs, Ostwinkle Silva, English, Oberbroeckling, Westhoff Nay: None Motion carried. With there being no written or oral comments received Motion made by Council Member Ostwinkle Silva to close Public Hearing Seconded by Council Member Oberbroeckling. Voting Yea: Gibbs, Ostwinkle Silva, English, Oberbroeckling, Westhoff Nay: None Motion carried. 340 1st Avenue East, Dyersville, Iowa 52040 • Phone: 563-875-7724 • Fax: 563-875-8234 www.cityofdyersville.com 15. Ordinance No. 856 amending Section 23.01 of the Code of Ordinances of Dyersville, Iowa by revising Planning and Zoning Commission Motion made by Council Member Oberbroeckling waive first reading Seconded by Council Member Gibbs. Voting Yea: Gibbs, Ostwinkle Silva, English, Oberbroeckling, Westhoff Nay: None Motion carried. Motion made by Council Member English to approve first reading Seconded by Council Member Oberbroeckling. Voting Yea: Gibbs, Ostwinkle Silva, English, Oberbroeckling, Westhoff Nay: None Motion carried. 16. Waive Second Reading of Ordinance No. 856 Motion made by Council Member Gibbs to waive and approve second reading Seconded by Council Member Oberbroeckling. Voting Yea: Gibbs, Ostwinkle Silva, English, Oberbroeckling, Westhoff Nay: None Motion carried. 17. Waive Third Reading of Ordinance No. 856 Motion made by Council Member Oberbroeckling to waive and approve third reading Seconded by Council Member Gibbs. Voting Yea: Gibbs, Ostwinkle Silva, English, Oberbroeckling, Westhoff Nay: None Motion carried. 18. 6:00 P.M. Public Hearing to approve or deny the zoning amendment to adjust the number of members of the Board of Adjustment Motion made by Council Member Oberbroeckling to open Public Hearing Seconded by Council Member Gibbs. Voting Yea: Gibbs, Ostwinkle Silva, English, Oberbroeckling, Westhoff Nay: None Motion carried. With there being no written or oral comments received Motion made by Council Member English to close Public Hearing Seconded by Council Member Ostwinkle Silva. Voting Yea: Gibbs, Ostwinkle Silva, English, Oberbroeckling, Westhoff Nay: None Motion carried. 19. Ordinance No. 857 amending Section 165.03.03 of the Code of Ordinances of Dyersville, Iowa, by revising Board of Adjustment, Board created. Motion made by Council Member Oberbroeckling to waive first reading Seconded by Council Member Ostwinkle Silva. Voting Yea: Gibbs, Ostwinkle Silva, English, Oberbroeckling, Westhoff Nay: None Motion carried. Motion made by Council Member English to approve Seconded by Council Member Ostwinkle Silva. Voting Yea: Gibbs, Ostwinkle Silva, English, Oberbroeckling, Westhoff Nay: None Motion carried. 20. Waive Second Reading of Ordinance No. 857 Motion made by Council Member Gibbs to waive and approve Seconded by Council Member Westhoff. Voting Yea: Gibbs, Ostwinkle Silva, English, Oberbroeckling, Westhoff Nay: None Motion carried. 21. Waive Third Reading of Ordinance No. 857 Motion made by Council Member Ostwinkle Silva to waive and approve Seconded by Council Member Oberbroeckling. Voting Yea: Gibbs, Ostwinkle Silva, English, Oberbroeckling, Westhoff Nay: None Motion carried. 340 1st Avenue East, Dyersville, Iowa 52040 • Phone: 563-875-7724 • Fax: 563-875-8234 www.cityofdyersville.com 22. Resolution No. 56-23 approving amended Agreement 2 for Engineering Services for Water Infrastructure Improvements between the City of Dyersville and Origin Design Company. Motion made by Council Member Westhoff to approve Seconded by Council Member Gibbs. Voting Yea: Gibbs, Ostwinkle Silva, English, Oberbroeckling, Westhoff Nay: None Motion carried. 23. Discussion and Possible Action on Letter of Support to Dubuque County Conservation Requesting for Paving Heritage Trail from Dyersville Trail Head to Prier Road as a Pilot Project Motion made by Council Member Oberbroeckling to approve Seconded by Council Member Gibbs. Voting Yea: Gibbs, Ostwinkle Silva, English, Oberbroeckling, Westhoff Nay: None Motion carried. 24. Discussion and Possible Action for Request for Financial Support for Dyersville Fire Department 125th Anniversary Event and Beyond the Game Event from Dyersville Events, Inc. Motion made by Council Member Westhoff to approve Seconded by Council Member Oberbroeckling. Voting Yea: Gibbs, Ostwinkle Silva, English, Oberbroeckling, Westhoff Nay: None Motion carried. COUNCIL COMMENTS ADJOURNMENT Motion made by Council Member English to adjourn at 7:50 pm Seconded by Council Member Oberbroeckling. Voting Yea: Gibbs, Ostwinkle Silva, English, Oberbroeckling, Westhoff Nay: None Motion carried. ____________________________________ Jeff Jacque Mayor ATTEST: _________________________________________ Tricia L. Maiers, City Clerk / Treasurer 340 1st Avenue East, Dyersville, Iowa 52040 • Phone: 563-875-7724 • Fax: 563-875-8234 www.cityofdyersville.com