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1981 February council Proceedings32 Special Session, January 19, 1981 There being no further business, Council Member Farrell moved to ad- journ. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farreli, Pratt. Nays--None. Absent--Council Member Felder- Mary A. Davis City Clerk Approved 1981 Adopted 1981 Council Members ATTEST: City Clerk Regnlar Session, February ~2, 1981 CITY COUNCIL OFFICIAL Regular Session, February 2, 1981. Council met at 7:30 P.M. (C.S.T.) Present--Mayor King, Council Members Brady, Farrell, Felderman, Pratt. City Manager W. Kenneth Gearhart, Corporation Counsel R. N. Russo. Mayor King read the call the stated that service thereof had been duly made and this Meeting is the REGULAR MONTHLY MEETING of the City Council called for the put- pose to act upon such business as may properly come before the Meeting. Invocation was given by Rev. Wm. P. Leonard of Nativity Catholic Church. Proclamation proclaiming week of February 8 thru 14, 1981 as "Distributive Education Week" was so proclaimed by Mayor King and presented to students from Hemp- stead and Senior High Schools. Proof of Publication, certified to by the Publisher, of Notice of Public Hearing on a Plan for Establishment of an Urban Revitalization Area in the West 11th Street Area, presented and read. No written objections were received and no oral objectors were present at the time set for the hearing. Council Member Farrell moved that the proof of publication be received and filed. Seconded by Council Member Pratt. Carried by the follow- ing vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Feldorman, Pratt. Nays--None. Council Member Pratt moved to sus- pend the rules to let anyone present address the Council if they so degire. Seconded by Council Member Felder- man. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Patricia UeI-Ieck, 1095 Grove Ter- race, President of 11th Street Nelghborhobd Association, stated definite support of the Urban Revitalization Plan. Bill Daugherty, 695 W. 11th Street, Vice-President of llth Street Neighborhood Association, requested adoption of the Plan and Ordinance. Communciation of Community Development Director being in sup- port of proceedings on designation of West 11th Street Area and certifying notice was given to owners and tenants in specified area, presented and read. Council Member Farreli moved that the communication be received and filed. Seconded by Council Member Pratt. Carried by the foliowing vote: Yeas--Mayor King, Council Mem- bers Brady, Farreli, Felderman, Pratt. Nays--None. AN ORDINANCE providing for the Establishment of an Urban Revitaliza- tion Area in the West 11th Street Area, presented and read. Council Member Farreli moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. RESOLUTION NO. 26-81 A Resolution providing that the Mayor shall sign all ordinances, amendments and resolutions and the City Clerk shall attest the same NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the practice of requi~ lng all Council Members to sign o~ dinances, r~solutions or amendments heretofore employed shall be of no fur ther force or effect upon the adoption of this resolution. Section 2. That all ordinances, amendments or resolutions shall be signed by the Mayor and attested to by the City Clerk. Passed, adopted and approved this 2nd day of February, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Felderman moved adoption of the Resolution. Seconded by Council Member FarrelL Carried by the following vote: Yeas--Mayor King, Council Mem- bets Farrell, Felderman, Pratt. Nays--Council Member Brady. Communication of Lavern B. Kascel, President of the Eska Company, Inc. requesting consideration of Industrial Development Revenue Bonds, Series 1981, and execution of Memorandum of Agreement and following Resolu- tion, presented and read. Council Member Pratt moved that 94 Regular Session, February 2, 1981 the communication be received and filed. Seconded by Council Member Farreil. Carried by the following vote: Yeas--Mayor King, Council Mem- bets Brady, Farreli, Felderman, Pratt. Nays--None. Attorney Robert Bertsch, Attorney . representing Eska Company, spoke to the communication and requested Council approval. RESOLUTION NO. 27-81 A Resolution authorizing the execu- tlon of a Memorandum of Agreement with Esha Company, Inc. WHEREAS, the City of Dubuque, Iowa, in the County of Dubuque, State of Iowa (the "Issuer") is an incor- porated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1979, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by con- struction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of any industry or industries for the manufacturing, processing or assembl- ing of any agricultural or manufac-~ tured products or of any commercial enterprise engaged in storing, warehousing or distributing products of agriculture, mining or industry, or of a national, regional or divisional headquarters facility of a company that does multistate business; and WHEREAS, the Issuer has been re- quested by Eska Company, Inc. (the "Company") to issue its revenue bonds pursuant to the Act for the pur- pose of financing the acquisition by purchase of land, buildings, equipment and improvements suitable for use as an industrial facility (the "Project"), located within the Issuer; and WHEREAS, a Memorandum of Agreement in the form and with the contents set forth in Exhibit A attach- ed hereto, has been presented to the Issuer under the terms of which the Issuer agrees, subject to the provi- sions of such Agreement, to pursue proceedings necessary under the Act to issue its revenue bonds for such pur- pose; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the Section 1. The Memorandum of Agreement in the form and with the contents set forth in Exhibit A attach- ed hereto be and the same is hereby approved and the Mayor is hereby authorized to execute said Memoran- dum of Agreement and the Clerk is hereby authorized to attest the same and to affix the seal of the Issuer thereto, said Memorandum of Agree- ment which constitutes and is hereby made a part of this Resolution to be in substantially the form, text and con- raining the provisions set forth in Ex- hibit A attached hereto. Section 2. Officials of the Issuer are hereby authorized to take such further action as may be necessary to carry out the intent and purpose of the Memorandum of Agreement. Section 3. That all resolutions and ~arts thereof in confict herewith are hereby repealed to the extent of such conflict. Passed and approved this 2nd day of February, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk (Seal) EXHIBIT A MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT is between the City of Dubuque, Iowa, (the "Issuer") and Eska Company, Inc. (the "Company"). 1. Preliminary Statement. Among the matters of mutual inducement which have resulted in the execution of this Agreement are the following: (a) The Issuer is authorized by Chapter 419 of the Code of Iowa, 1979, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by con- struction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for tho use of any industry or industries for the manufacturing, processing or assembl- lng of any agricultural or manufac~ tured products or of any co~nmerclal en~terprlae engaged in storing, warehousing or distributing products of agriculture, mining or industry, or of a national, regional or divisional headquarters facility of a company that does multistate business. (b) The Company wishes to obtain satisfactory assurance from the Issuer that subject to the public hearing re- quired by the Act such bonds will be issued by the issuer in a principal amount sufficient to finance the costs of the acquisition by purchase of land, buildings, equipment and ira- provements suitable for use as an in- dustrial facility (the "Project"), located within the Issuer. Regular Session, February, 2, 1981 35 (c) The Issuer considers that the ac- quisition and construction of the Pro- ject and the financing of the same will promote the welfare and prosperity of the Issuer and its citizens. 2. Undertakings on the Part of the (a) The Issuer will begin the pro- ceedings necessary to authorize the is- suance of such bonds, in an aggregate principal amount not to exceed $2,500,000. (b) Subject to due compliance with aH requirements of law, including the provisions of and the public hearing re- quired by the Act, it will cooperate with the Company, in the issuance and sale of such bonds, and the proceeds from the issuance of such bonds shall be loaned to the Company upon terms sufficient to pay the principal et and interest and redemption premium, if any, on such bonds, as and when the same shall become due. 3. Undertakings on the Part of the Company. (a) It will use all reasonable efforts to cooperate with the Issuer and comply with the Act and all other provisions of law relating to the Project and the issuance and sale of such bonds. (b) It will enter into a Loan Agree- ment with the Issuer under the terms of which the Company will obligate itself to pay to the Issuer sums suffi- cient to pay the principal of and in- terest and redemption premium, if any, on such bonds as and when the same shah become due and payable. 4. General Provisions. (a) All commitments on the part of the Issuer and the Company herein are subject to the condition that on or before one year from the date hereof (or such other date as shall be mutual- ly agreed to) the Issuer and the Com- puny shah have agreed to mutually ac- ceptable terms relating to the issuance and sale of such bonds. lb) The Company agrees that it will reimburse the Issuer for all reasonable and necessary direct out-of-pocket ex- penses winch the Issuer may incur at its request arising from the execution of this Agreement and the perfor- mance by the Issuer of its obligation hereunder. (c) All commitments of the Issuer hereunder are further subject to the conditions that the Issuer shall in no event incur any liability for any act or omission hereunder, and that such bonds described herein shall not con- stitute an indebtedness of the Issuer within the meaning of any constltu- tional or statutory provision and shall not constitute nor give rise to a pecuniary liability of the Issuer or a charge against its general credit or taxing powers. Dated this 2nd day of March, 1981, Dubuque, Iowa. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk (Seal) Eska Company, Inc. Lavern D. Kascel Council Member Pratt moved adop- tion of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Communication of City Manager re- questing Council approve Resolution authorizing the issuance and sale of Industrial Development Revenue Bonds, Series 1981 (Walnut Grove Project) presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. RESOLUTION NO. 28-81 Resolution authorizing the issuance and sale of Industrial Development Revenue Bond, Series 1981 {Walnut Grove Project) in the principal amount of $430,000 and the execution and delivery of a loan agreement with Kivlahan & Sons Construction, Inc. WHEREAS, the City of Dubuque, Iowa, a municipal corporation in the State of Iowa, (the "Issuer") is authorized by Chapter 419 of the Code of Iowa, 1979, as amended (the "Act") to issue revenue bonds and loan the proceeds to one or more parties to be used to acquire lands and to acquire by construction or purchase, buildings and improvements thereon for the use as residential facilities which the Issuer finds is consistent with the ur- ban revitalization plan adopted by the Issuer, pursuant to Chapter 84 of the Acts of the 68th Iowa G.A., 1979 Scs- WHEREAS, the Issuer has made the necessary arrangements with Kivlahan & Sons Construction, Inc. (the "Company"), an Iowa corpora- 36 Regular Session. February, 2,1981 tion, for its acquisition by construc- tion or purchase of land, buildings, im- provements and equipment suitable for use as a multi-family residential rental facility (the "Project") to be located within the Issuer, which will promote the welfare of the Issuer and its citizen~; and WHEREAS, the Issuer is willlng to issue its Industrial Development Revenue Bond, Series 1981 (Walnut Grove Project) in the principal amount of $430,000 (the "Bond") to finance the cost of the Project to that amount and the Issuer will loan the proceeds of the Bond to the Company pursuant to the provisions of a Loan Agreement, dated as of February 1, 1981, between the Issuer and the Company (the "Agreement"), the obligations of which will be sufficient to pay the prin- cipal of and interest and prepayment premium, if any, on the Bond, as and when the same shall bo due; and WHEREAS, the Issuer proposes to sell the Bond upon a negotiated basis to Dubuque Savings and Loan Association (the "Lender") pursuant to a bond purchase agreement of even date herewith (the "Bond Purchase Agreement"); NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, as follows: DEFINITIONS Section 1. All words and phrases defined in Article I of the Agreement (hereinafter defined) shall have the same meaning in this Resolutio.. unless otherwise expressly provided in this Section 1. The following words and terms as used in this Resolution shall have the following meanings: "Agreement" means the Loan Agreement dated as of February 1, 1981, by and between the Issuer and the Company, as from time to time amended and supplemented "Bond" means the Bond authorized to be issued hereunder. "Company" means Kivlahan & Sons Construction, Inc., an Iowa corpora~ tio.. and its successors and assigns and any surviving, resulting or transferee corporation as provided in Section 5.1 of the Agreement The term "event of default" means those events specffied in and defined in Section 9 hereof "Resolution" means this Resolution "Revenues, means all amounts payable pursuant to Section 4.2(a) I the Agreement and other amounts payable under the Agreement and the Mortgage which may be applied to the payments of principal or interest on the Bond. AUTHORIZATION AND PREPAYMENT OF BOND Section 2. That for the purpose of financing the cost of the Project, there shall be and there is hereby authorized to be issued by the Issuer its In- dustrial Development Revenue Bond, Series 1981 (Walnut Grove Project) in the principal sum of $430,000, to be dated its date of delivery to the Lender. The Bond shall be signed by the Mayor and attested by the City Clerk of the Issuer and the seal of the Issuer shall be affixed thereto and each page thereof may be initialled by the aforementioned officials. In case any official of the Issuer whose signature shall appear on the Bond shall cease to be an official before the delivery of such Bond, such signature shall neve~ theless be valid and sufficient for all purposes, the same as if he had remain- ed in office until delivery. The Bond shall be payable, shall bear interes~ shall be subject to obligations and options for prepayment and shall contain other terms and conditions, and be substantially in the form, all as follows: UNITED STATES OF AMERICA STATE OF IOWA COUNTY OF DUBUQUE CITY OF DUBUQUE INDUSTRIAL DEVELOPMENT REVENUE BOND, SERIES 1981 C~ALNUT GROVE PROJECT) No. R-1 $430,000 KNOW ALL MEN BY THESE PRESENTS, that the City of Dubu- que, State of Iowa, hereinafter called the "Issuer", for value received, pro- raises to pay from the source and as hereinafter provided, to Dubuque Sav- ings and Loan Association, or its ~assigns, except as the provisions hereinafter set forth with respect to prepayment prior to maturity may become applicable hereto, the principal sum of Four Hundred Thirty Thou- sand Dollars ($430,000), and in like manner to pay interest on said sum from tho date hereof at the rate of ten and one-half per cent (10V2%) per annum, all of the aforementioned prin- cipal and interest tO be payable in 240 equal monthly installments of Four Thousand Two Hundred Ninety-three Dollars and three ~ents ($4,293.03), commencing April , 1981, and on or before the first day of each month thereafter, to and including March 1, Regular Session, February, 2, 1981 37 2001, both principal of and premium, if any, and interest.on this Bond being payable in lawful money of the United States of America at the principal office of Dubuque Savings and Loan Association (the "Lender") in Dubu- que, Iowa. Each such monthly pay- ment shall be applied first to the pay- ment of interest and then to the pay- ment of principal, an additional amount equal to interest accrued on this Bond from its date until March 1, 1981 shall also be payable on April 1, 1981. In addition, this Bond shall bear in- terest on overdue payments of interest and principal at the rate of 20% per annum until paid. This Bond is issued under and secured by and entitled to the protec- tion of a Resolution duly adopted by the governing body of the Issuer (the "Resolution"~ for the purpose of fun- ding a loan by the Issuer to Kivlahan & Sons Construction, Inc. (the "Com- pany''), an Iowa corporation in order to finance the cost of acquisition by construction or purchase of land, a building, improvements and equip- ment and other facilities suitable for use as a multi-family housing facility located in Dubuque, Iowa Ithe "Pro- ject"), and the payment of necessary costs incidental thereto. Reference is hereby made to the Resolution for a description of the rights, duties and obligations of the Issuer and the Lender and the terms upon which the Bond is issued and secured. The terms and conditions of the acquisition and completion of the Project by the Company, the loan of the proceeds of the Bond to the Com- puny for such purpose, and the repay- ment of said loan are ~ontained in a Loan Agreement, dated as of February 1, 1981, (which Agreement, as from time to time amended and sup- plemented, is hereinafter referred to as the "Agreement"). This Bond is tranferable by the registered holder hereof in person or by his attorney duly authorized in writing at the principal office of the Lender but only in the manner, subject to the limitations and upon payment of the charges provided in the Resolu- tion. This Bond is issued pursuant to and in full compliance with the Constitu- tion and laws of the State of Iowa, par- ticularly Chapter 419 of the Code of Iowa, 1979, as amended (the "Act"), and pursuant to the Resolution. THIS BOND IS NOT A GENERAL OBLIGATION OF THE ISSUER NOR AN INDEBTEDNESS OF THE ISSUER WITHIN ANY CONSTITU- TIONAL OR STATUTORY LIMITA- TION, BUT IS A LIMITED, SPECIAL OBLIGATION PAYABLE SOLELY FROM REVENUES DERIVED FROM THE PROJECT, INCLUDING THE DEBT OBLIGA- TION OF THE COMPANY UNDER THE AGREEMENT, WHICH OBLIGATION WILL BE SUFFI- CIENT TO PAY THE PRINCIPAL OF AND INTEREST AND PREMIUM, IF ANY, ON THE BOND AS THE SAME BECOME DUE AND PAYABLE. Such payments have been and are hereby duly pledged for that purpose. In addi- tion, the Bond is secured by a mort- gage of the Project under the provi- sions of a certain Mortgage and Security Agreement, dated as of February 1, 1981 (the "Mortgage") from the Company to the Lender, and the rights of the Issuer under the Agreement have been assigned to the Lender to secure the payment of such principal, interest and premium, if any, under the Resolution. Additional payments are required to be made by the Company under the Agreement sufficient to pay the fees and expenses of the Lender in connection with this Bond, taxes and assessments relating to the Project and reasonable ex- penses of the Issuer relating to the Project. THIS BOND AND IN- TEREST AND PREMIUM, IF ANY, THEREON DO NOT CONSTITUTE AN INDEBTEDNESS OF THE ISSUER WITHIN THE MEANING OF ANY CONSTITUTIONAL OR STATUTORY LIMITATION AND DO NOT CONSTITUTE NOR GIVE RISE TO A PECUNIARY LIABILI- TY OF THE ISSUER OR A CHARGE AGAINST ITS GENERAL CREDIT OR TAXING POWERS. This Bond is subject to mandatory prepayment at any time in part in in- verse order of principal maturity at a prepayment price of 100% of the prin- cipal amount prepaid plus accrued in- terest to the prepayment date in the event of damage to or destruction or condemnation of the Mortgaged Pro- perry (as defined in the Mortgage) or any part thereof to the extent provid- ed in Section 7.6 of the Agreement and Sections 7 and 8 of the Mortgage, or from any moneys remaining in the Construction Fund to the extent pro- vlded in Section 3.4 of the Agreement. This Bond is also subject to optional prepayment in whole at any time at a prepayment price of 100% of the prin- 38 Regular Session, February, 2, 1981 cipal amount prepaid plus accrued in- terest to the prepayment date, in the event the Company shall elect to prepay installments payable under the Agreement in whole and to cause the Bond to be redeemed not later than 120 days following the occurrence of either of the following events: (a) The Mortgaged Property (as defined in the Mortgage) or a substan- tial portion thereof shah have been damaged or destroyed to such an ex- tent that the Company deems it not practicable and desirable to rebuild, repair and restore the Mortgaged Pro- perty; or (b) There is condenmation of all or substantially ail of the Mortgaged Property or the taking by eminent domain of such use or control of the Mortgaged Property so as to render the Mortgaged Property unsatisfac- tory to the Company for its intended use, This Bond is also subject to man- datory prepayment in the event the Company shah be obligated to prepay installments payable under the Agree- ment in whole and to cause the Bond to be redeemed not later than 120 days following the occurrence of any of the following events: (a) The Agreement shall have become void or unenforceable or im- possible of performance; or (b) Interest on the Bond shall become subject to Federal income tax- ation for any reason [other than a Determination of Taxability (as de- fined in the Agreement), or the applica- tion of subsection 103(b){9) of the In- ternal Revenue Code[, including any change in the Constitution or laws of the United States or the State of Iowa; or (c) The occurrence of a Determina- tion of Taxability (as defined in the Agreement). If called for prepayment in any(, event specified in (a) or (b) above, this Bond shall be subject to prepayment by the Issuer at any time in whole at a prepayment price of 100% of the prin- cipal amount thereof plus accrued in- terest to the prepayment date. If called for prepayment due to the provisions specified in (c) above, this Bond shah be subject to prepayment by the Issuer at any time in whole at a prepayment price of 100% of the prin- cipal amount thereof plus accrued in- terest to the prepayment date plus a premium equal to the greater of: (i) in- terest accrued on the principal amount of the Bond outstanding on the occur- rence of the Event of Taxability from such date until the prepayment date, or (ii) 5% of the principal amount of the Bond outstanding on the day of prepayment. Prepayment of any amounts hereunder shall not reduce or relieve the obligation of the Company to pay installments under the Agreement un- til all of the remaining interest and principal have been paid or provision for its payment has been made in ac- cordance with the Resolution. When the entire principal of, premium, if any, and interest on this Bond have been paid, this Bond shah be cancelled and be delivered to the Company by the Lender. Modifications, alterations or amend- merits of the provisions of this Bond may be made only to ~he extent and in the circumstances permitted by the Resolution. It is hereby certified, recited and declared that all acts, conditions and things required to exist, happen and be performed precedent to and in the issuance of this Bond do exist, have happened and have been performed in due time, form and manner as required by law; that the issuance of this Bond together with all other obligations of the Issuer, does not exceed or violate any constitutional or statutory limita- tion. This Bond is issued with the intent that the laws of the State of Iowa will govern its construction. IN WITNESS WHEREOF, the City of Dubuque, Iowa, has caused this Bond to be executed in its name by the manual signature of the Mayor and its official seal to be affixed hereon and attested by the manual signature of the City Clerk and each page to be ini- tialled by its undersigned officials, an as of this 2nd day of February, 1981. CITY OF DUBUQUE, IOWA D. Michael King Mayor ATTEST: Mary A. Davis City Clerk (Seal) This Bond has not been registered under the Securities Act of 1933, Iowa Uniform Securities Act or the securities laws of any other jurisdic- tion and may be offered, sold or transferred only if r~gistered pursuant to the provisions of the Iowa Uniform Securities Act or the securities laws of any other jurisdiction in which registration may be required, unless an exemption from r?gistration is available. Regular Session, February, 2, 1981 39 BOND A LIMITED OBLIGATION Section 3. The Bond, together with interest thereo~ is not a general obligation of the Issuer, but is a limited, special obligation payable solely from the Revenues and other amounts derived from the Project which may be applied for such purpose (except to the extent paid out of moneys attributable to the proceeds derived from the sale of the Bond or to income from the temporary investment thereof], and shall be a valid claim of the respective holders thereof only against the Construction Fund, the Revenues and other amounts derived from the Projee~ which Revenues, Construction Fund and other amounts are hereby pledged, assigned and otherwise secured for the equal and ratable payment of the Bond and shall be used for no other purpose than to pay the principal of, premium, if any, and interest on the Bond, except as may be otherwise expressly authorized in this Resolgtion. The Bond and in- retest and premium, if any, thereon shall not constitute an indebtedness of the Issuer within the meaning of any constitutional or statutory provision and does not constitute nor give rise to a pecuniary liability of the Issuer or a charge against its general credit or tax- lng powers. CUSTODY AND APPLICATION OF PROCEEDS OF BOND: CONSTRUCTION FUND Section 4. There is hereby created and established with the Lender, which is hereby constituted and ap- pointed as depositary for the Issuer, a special fund to be designated "City of Dubuque, Iowa,.Industrial Develop- ment Revenue Bond (Walnut Grove Project) Construction Fund". The pro- ceeds received by the Issuer upon the sale of the Bond shall be deposited in the Construction Fun~ Moneys in the Construction Fund shall be expended only in accordance with the provisions of the Agreemen~ and any construe- tion loan agreement which may be. entered into between the Lender and the Company whose terms and provi~ sions are incorporated by reference into the Agreemen~ and particularly Section 3.3 thereof, and the provisions h~reof Moneys in the Construction Fund, including investment earnings, shall be expended on orders drawn by the Authorized Company Representative specifying with respect to each pay~ ment to be made: (a) The requsition number and date; ~b) The name and address of the person, firm or corporation to whom payment is due or has been made, which may include the Company; (c) The amount to be paid or which has been paid and evidence of the same whether by invoice, statement for set- vices or otherwise which shall be at- tached; (d) The purpose for which the obliga- tion to be paid was incurred; (e) That no event of default has oc- curred hereunder which has not been remedied; (f) That each obligation mentioned therein has been properly incurred, is for a proper expense of the Project in- curred subsequent to November 17, 1980 and has not been included in a former requisition and that all of the proceeds of the Bond are being used to pay the Costs of the Project; and (gl Such additional supporting documentation as the Lender may reasonably require in order to better assure itself as to the amount and put- pose of each disbursement and the priority of the Mortgage as to other third party creditors of the Company. The Lender is hereby authorized and directed to make each disbursement required by the provisions of the Agreement and this Section and to issue its checks therefor. The Lender, as depositary, shall keep and maintain adequate records pertaining to the Construction Fund and all disbursements therefrom (in- vestment earnings shall be separately accounted for as provided in Section 7) and after the Project has been com- pleted and a certificate of payment of aH costs filed as provided in Secion 3.4 of the Agreement, the Lender shall, upon written request by the Company deliver a summary of its disbursements to the Company. ACQUISITION OF PROJECT AND PAYMENT OF AMOUNTS UNDER THE AGREEMENT Section 5. It is the declared intention of the Issuer to authorize the Lender to disburse the proceeds of the Bond in order to enable the Company to ac- quire, by construction or purchase, the Project under and pursuant to the Agreement in the form which has been oresented to and is hereby approved by the governing body of the Issuer and which is now on file in the official records of the Issuer. The Mayor is hereby authorized to execute and acknowledge said Agree- ment for and on behalf of the Issuer, and the City Clerk is hereby authorized to attest the same and to affix thereto 40 Regular Session, February, 2, 1981 the seal of the Issuer. The Agreement provides that the Company shall remit the required loan repayment installments thereunder directly to the Lender for the payment when due (whether at stated maturity, prepayment or acceleration) of the principal of, prepayment premium, if applicable, and interest on the Bond. ASSIGNMENT AND PLEDGE Section 6. As security for the due and punctual payment of the principal installments of and interest on the Bond hereby authorized, the Issuer hereby assigns and pledges to the Lender all Revenues, the ConstrucHon Fund and all rights, title, interest and remedies of the Issuer in and to the Agreement (except the right to receive payments, if any, under Sections 4.2(c), 5.5 and 6.3 thereof) and to enforce pay- ment thereof, and hereby grant a security interest therein for the benefit of the Lenden INVESTMENTS; ARBITRAGE Section 7. Any moneys held as part of the Construction Fund shall be in- vested and reinvested by the Lender in accordance with the provisions of Sec- tion 3.5 of the Agreement. A ny such in- vestments shall be held by or under the control of the Lender and shall be deemed at all times a part of such fund. The interest accruing thereon and any profit realized from such investments shall be credited to and any loss resulting from such investments shall be charged to such fund. Interest ac- cruing on any reinvestment of invest- ment earnings and any profits realized from the Construction Fund and any losses resulting therefrom shall be accounted for with the investment ea~ nings. The Lender shall sell and reduce to cash a sufficient amount of such in- vestments of the Construction Fund whenever the cash balance in theCon- struction Fund is insufficient to pay a payment order when presented or whenever the payments by the Com- pany are insufficient to pay the prin- cipal of, premium, if any, and interest on the Bond when due. The Issuer and the Lender conve- nant and certify to each other and to and for the benefit of the purchasers of the Bond that no use will be made of the proceeds from the issue and sale of the Bond which will cause the Bond to be classified as an "arbitrage bond" within the meaning of Section 103(c)(2) of the Internal Revenue Code. Pur- suant to such covenant, the Issuer and the Lender jointly and severally obligate themselves to comply throughout the term of the issue of the Bond with the requirements of Section 103(c) of the Internal Revenue Code and any regulations proposed or pro- mulgated thereunder GENERAL COVENANTS Section 8. The Issuer covenants that it will promptly cause to be paid solely and only from the Revenues, the prin- cipal of, premium, if any, and interest on the Bond hereby authorized at the place, on the dates and in the manner provided herein and in the Bond acco~ ding to the true intent and meaning thereof Nothing in the Bond or this Resolution should be considered as assigning or pledging any other funds or assets of the Issuer other than such Revenues, the Construction Fund and the right' title and interest of the Issuer in the Agreement, in the man- ner and to the extent herein specified. The Issuer covenants that it will faithfully perform at all times any and all covenants, undertahings, stipula- tions and provisions contained in this Resolution, in the Bond and in ati pro- ceedings o[ its governing body pertain- ing thereto. The Issuer covenants that it will ex- ecute, acknowledge and deliver such instruments, financing statements and other documents as the Lender may reasonably require for the better assur- ing, pledging and assigning unto the Lender the rights o[ the Issuer in and to the Revenues and receipts hereby assigned and pledged to the payment of the principal of, premium, if any, and interest on the Bond; provided, however, that except for the obtiga- tions set forth in the Bond, the Issuer shall not be obligated to take any action or execute any instrument pu~ suant to any provision hereof or the Agreement until it shall have been re- quested to do so by the Company or the Lender, or shall have received the instrument to be executed and, at the Issuer's option, shall have received from the Company or the Lender assurance satisfactory to the Issuer that the Issuer shall be reimbursed for its reasonable expenses incurred or to be incurred in connection with the taking of such action or executing such instrument. The Issuer covenants and agrees that, a~eept as herein and in the Agreemen~rovided, it will not sel~ convey, mortgage, encumber or otherwise dispose .of any part of the Revenues, the Construction Fund, or of its rights under the Agreement. The Issuer convenants and agrees that it shal& through the Lender, en- force all of its rights and all of the obligations of the Company under the Regular Session, February, 2, 1981 41 Agreement for the benefit of the owners of the Bond. The Issuer shall protect the rights of the Lender hereunder with respect to the assign~ merit and pledge of the Revenues and receipts coming due under the Agree- ment, and the rights of the Lender under the Mortgage. The Issuer furtt~er covenants and agrees that should there be a default under the Agreement, the Issuer shall fully cooperate with the Lender to the end of fully protecting the rights and security of the Lender thereunder, hereunder and under the Mortgage. Nothing herein shall be construed as requiring the Issuer to operate the Pro- ject or to use any funds or revenues from any source other than the Con- struction Fund and the Revenues derived from the Agreement. EVENTS OF DEFAULT AND REMEDIES Section 9. If any of the following events occur, it is hereby defined as and declared to be and to constitute an "event of default": (a) Default in the due and punctual payment of interest on the Bond; (b) Default in the due and punctual payment of the principal of, or premium, if any, on the Bond, whether at the stated maturity of any install- merit thereof or upon proceedings for prepayment thereof; (c) Default in the performance or observance of any other covenant, agreement or condition on the part of the Issuer in this Resolution or in the Bond contained; provided that the same shall not constitute an event of default until actual notice of such default by registered or certified mail shah be given to the Issuer and the Company by the Lender and the Issuer and the Company shall have had thirty days after receipt of such notice to correct said default or cause said default to be corrected, and shall not have corrected said default or caused said default to be corrected within the applicable period; provided, further, if said default be such that it cannot be corrected within the ap- plicable period, it shah not constitute an event of default if corrective action is institUted within the applicable period and diligently pursued until the default is corrected; (d) The occurrence of an "event of default" under the Agreement or the Mortgage; (e) The occurrence of any default under the Guarantee. Upon the occurrence of an event of default and so long as such event is continuing, the Lender by notice in writing delivered to the Issuer and the Company, may declare the entire outstanding principal amount of the Bond and the interest accrued thereon to the date of payment immediately due and payable, and such principal in- statiments and interest shati thereupon become and be immediately due and payable. Upon any such declaration, all payments under the Agreement from the Company immediately shall become due and payable as pro vided in Section 6.2 of the Agreement. While any principal installments of the Bond or interest are unpaid, the Issuer shall not exercise any of the remedies on default specified in See~ tion 6.2 of the Agreement without prior written consent of the Lender. Upon the occurrence of an event of default, the Lender may pursue any available remedy at law or in equity by suit, action, mandamus or other pro- ceeding to enforce the payment of the principal instati~nents, premium, if any, and interest on the Bond and to enforce and compel the performance of the duties and obligations of the Issuer as herein set forth. No remedy by the terms of this Resolution conferred upon or reserved to the Lender is intended to be ex- clasive of any other remedy, but each and every such remedy shall be cumulative and shall be in addition to any other remedy given to the Lender or to the holders of the Bond under this Resolution, the Agreemeng the Mor- tgage or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any righg power or remedy accruing upon any event of default shall impair any such righg power or remedy or shall be construed to be a waiver of any such right, power or remedy and any such righg power, or remedy may be exe~ cised from time to time as often as may be deemed expedient. All moneys received pursuant to any right given or action taken under the orovisions of this Section or the Mo~ tgage or under the provisions of Arti- cie VI of the Agreement (after payments of the costs and expenses of the proceedings resulting in the eotiec- tion of such moneys and of the ex- penses, liabilities and advances incur- red or made by the Issuer and the Lender) and all moneys in the Con- struction Fund at the time of the occur- renee of an event of default shall be ap- plied to the payment of the principal installments, premium, if any, and in. 42 Regular Session, February, 2, 1981 terest then due and unpaid upon the Bond to the person or persons entitled thereto. Wl~enever tnoneys are to be applied pursuant to the provisions of this Sec- t~on, such moneys shall be applied at such times, and from time to time, as the Lender shall determine. The Lender shah give such notice as it may deem appropriate of the deposit with it of any such moneys and of the fixing of any such date, and shall not be re- quired to make payment to the owner of any participation interest in the Bond until such certificate of partivi- . pant shall be presented to the Lender for appropriate endorsement or for cancellation i[ fully paid. Whenever all principal installments, premium, if any, and interest on the Bond and any other amounts secured by the Mortgage shall have been paid under the provisions of this Section and all expenses of the Lender and the Issuer have been paid, any surplus shall be repaid to the Company. With regard to any default concern- ing which notice is given to the Com- pany under the provisions of this Sec- tion, the Issuer hereby grants the Com- pany full authority for account of the Issuer to perform or observe any cove- nant or obligation alleged in said notice not to have been performed or observed, in the name and stead of the Issuer with the full power to do any and all things and acts to the same ex- tent that the lssuer could do in order to remedy such default. SALE OF THE BOND: ACCEPTANCE OF BOND PURCHASE AGREEMENT Section 10. The sale of the Bond hereby authorized to the Lender at a price of par and payment pursuant to the Bond Purchase Agreement is hereby in all respects authorigpd, ap- proved and confirmed. The Mayor is hereby authorized and directed to execute said Bond Put- chase Agreement for and on behalf of the Issuer. PERFORMANCE PROVISIONS Section 11. The Mayor and City Clerk, for and on behalf of the Issuer be, and each of them hereby is, authorized and directed to do any and all things necessary to effect the pe~ formance of all obligations of the Issuer under and pursuant to this Resviution, the execution and delivery of the Bond and the performance of all other acts conferred by this Resolu- tion. The Mayor and City Clerk be, and they are hereby, further authorized and directed for and on behalf of the Issuer, to execute all papers, documents, ce~ tificates and other instruments that may be required [or the carrying out of ~he authority conferred by this Resolu- tion or to evidence said authority and to exercise and otherwise toke all necessary action to the full realization of the rights, accomplishments and purposes of the Issuer under the Agreement and to discharge all of the obligations of the Issuer under the Agreement. DETERMINATION OF LOAN REPAYMENTS Section 12. Pursuant to the re- quirements of the Act, it is hereby found and determined that the amounts necessary in each year to pay the principal of and the interest on the Bond is the amount set forth in Section 4.2 of the Agreement, which by this reference is incorporated in this Resolution. No amounts are necessary to be paid into any reserve funds for the retirement of the Bond. The Agree- ment provides that the Company shall maintain the Project and carry all pro- per insurance with respect thereto. NOTICES Section 13. It shall be sufficient ser- vice of any notice or other paper on any party if the same shall be duly mailed to that party by registered or certified mail addressed to that party at the respective address set forth in the Agreement, or such address as may from time to time be filed with the other parties. RESOLUTION A CONTRACT; PROVISIONS FOR MODIFICATIONS, ALTERATIONS AND AMENDMENTS; ASSIGNMENT Section 14. The provisions of this Resolution shall constitute a contract between the Issuer and the Lender; and after the issuance of the Bond no modification, alteration, or amend- meAt or supplement to the provisions of this Resolution shall be made in any manner except with the written con- sent of the Lender until such time as all principal of, premium, if any, and interest on the Bond shall have been paid in full , The rights and interest of the Lender herein and to the Bond may be assign- ed by the Lender without the necessity of consent of the Company or the SATISFACTION AND DISCHARGE Section 15. All rights and obligations of the Issuer and the Company under the Agreement, the Bond and this Regular Session, February, 2, 1981 Resolution shall terminate and such in- struments shall cease to be of further effec~ and the Lender shall cancel the Bond, deliver it to the Company, and deliver a copy of the cancelled Bond to the Issuer, and the Lender shall execute and deliver all appropriate in- struments evidencing and acknow- ledging the satisfaction of this Resola- rivA, execute an appropriate release of the Mortgage when: (a) ail expenses of the Issuer and th~ Lender shah have been paid; (b) the Issuer and the Company shah have performed all of their covenants and promises in the Agreement, the Mortgage, the Bond, and in this Resolution; and (c) aH principal of, premium, if any, and interest on the Bond have been paid or there shah have been deposited with the Lender either cash in an amount which shah be sufficient, or in- vestments (but only to the extent that the full faith and credit of the United States of America are pledged to the timely payment thereof) the principal of and interest on which, when due, will provide moneys which, together with the moneys, if any, deposited with the Lender, shah be sufficient to pay when due the principal or prepay- ment price, if applicable, and interest due and to become due on the Bond and prior to the prepayment date or the maturity date thereof, as the case may be. Provided. however, none of the principal of the Bond may be ad- vance refunded if under any cir- cumstances the interest on the prin- cipal to be refunded would be subject to Federal income taxation. In deter- mining the foregoing, the Lender may rely upon an opinion of a nationally recognized firm of municipal bond attorneys to the effect that interest on the Bond will not be subject to Federal income taxation, notwithstanding the satisfaction and discharge of this Resolution. SEVERABILITY Section 16. If any section, paragraph, clause or provision of this Resolution shall be ruled by any court of competent jurisdiction to be invalid, the invalidity of such section, paragraph, clause or provision shall not affect any of the remaining provi- sions hereof CAPTIONS Section 17. The captions or headings of this Resolution are for convenience only and in no way define, limit or describe the scope or intent of any pro- vision of this Resolution. SUNDAYS AND HOLIDAYS Section 18. In any vase where the date of maturity of in terest on or prin- cipal of th~ Bond or the date fixed for prepayment thereof shall be a holiday or a day on which banking institutions are authorized by law to close, then payment of prinvipa& premium, if any, or interest need not be made on such date, but may be made on the next suc- ceeding business day but in such event interest shall continue to accrue until the actual date of payment. PROVISIONS IN CONFLICT REPEALED Section 19. All resolutions and orders, or parts thereof, in conflict with the provisions of this Resolution are, to the extent of such conflicg hereby repealed, and this Resolution shall be effective immediately upon its adop- tion and approval Passed and approved this 2nd day of February. 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk (Seal) Council Member Pratt moved adop- tion of the Resolution. Seconded by Council Member Farrell. Carried by the fo]lowing vote: Yeas--Mayor King, Council Mem- bers Brady, FarreH. Felderman. Pratt. Nays--None. Communication of Corporation Counsel Russo requesting Council hold Paraphernalia Ordinance in abeyance until interpretation clarified by body of law, presented and read. Council Member Felderman moved that the communication be received and filed. Seconded by Council Member FarreH. Carried by the follow- ing vote: Yeas--Mayor King, Council Mem- bets Brady, Farrell, Felderman. Nays--None. Abstain--Council Member Pratt, Gary Kritz, 4842 Vista Drive, ex- pressed the opinion of several Hemp- stead High School students~ in that this Ordinance will not hinder drug traffic, but offered tho viewpoint that when you ban something, it makes the idea more attractive, and they will get it somewhere. An Ordinance providing that the Code of Ordinances be amended by in- stituting a new Article in Chapter 26, Prohibiting the Use, Delivery or Possession with intent to use or Deliver Drug Paraphernalia or the 44 Regular Session, February, 2, 1981 Advertisement of Drug Paraphernalia, said Ordinance having been presented at the Council Meetings of November 17, 1980, December 8. 1980 and December 22, 1980, presented for discussion. Council Member Felderman moved that action be deferred until such time when legal opinion is received from 8th Circuit Court or at least sixty days, whichever comes first. Seconded by Council Member Farrell. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman. Nays--None. Abstain--Council Member Pratt. Communication of P & Z recommen- ding approving plat of subdivision of "Hardt Place No. 2". presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. RESOLUTION NO. 29-~1 A Resolution approving the plat of the Subdivision of Hardt Place No. 2 in the City of Dubuque, Iowa. WHEREAS, there has been filed with the City Clerk a plat of the Sub- division of Hardt Place No. 2 in the City of Dubuque, Iowa; and WHEREAS, said plat has been ex- amined by the City Planning and Zon- ing Commission and had its approval endorsed thereon; and WHEREAS, said plat has been ex- amined by the City Council, and the City Council finds that the same con- forms to statutes and ordinances relating thereto. NOW, THEREFORE, BE IT SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat of the Sub- division of Hardt Place No. 2 in the City of Dubuque, lowa be and the same is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said plat. Passed, adopted and approved this 2nd day of February, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adop- tion of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Communication of P & Z recommen- ding approval of two final plats of pro- perty for Dubuque Land Development Corporation, presented and read. Council Member Farreli moved that the communication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. RESOLUTION NO. 30-81 A Resolution approving the plat of the Subdivision of Lot 10 of Block 1 of Roy Ney Subdivision in the City of Dubu- que, Iowa. WHEREAS, there has been filed with the City Clerk a plat of the Sub- division of Lot 10 of Block 1 of Roy Ney Subdivision in the City of Dubu- que, Iowa; and WHEREAS, said plat has been ex- amined by the City Planning and Zon- ing Commission and had its approval endorsed thereon; and WHEREAS, said plat has been ex- amined by the City Council, and the City Council finds that the same con- forms to statutes and ordinances relating thereto. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the plat of th~ Sub- division of Lot 10 of Block I of Roy Ney Subdivision in the City of Dubu- que, Iowa be and the same is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said pla~ Passed, adopted and approved this 2nd day of February, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Councri Member Farrell moved adop- Regular Session, February, 2, 1981 45 tion of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. RESOLUTION NO. 31-81 A Resolution approving the plat of Subdivision of Lot 3 of 2 of Mineral Lot 204, Lot 2 of 2 of 1 of Mineral Lei 207, and Lot 1 of Mineral Lot 205 all in the City of Dubuque, Iowa. WHEREAS, there has been filed with the City Clerk a plat of the Sub- division of Lot 3 of 2 of Mineral Lot 204, Lot 2 of 2 of 1 of Mineral Lot 207, and Lot I of Mineral Lot 205 in the City of Dubuque, Iowa; and WHEREAS. said plat has been ex- amined by the City Planning and Zon- ing Commission and had its approval endorsed thereon; and WHEREAS, said plat has been ex- amined by the City Council, and the City Council finds that the same con- forms to statutes and ordinances relating thereto. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SecUlon 1. That the plat of the Sub- division of Lot 3 of 2 of Mineral Lot 204, Lot 2 of 2 of I of Mineral Lot 207, and Lot i of Mineral Lot 205 all in the City of Dubuque, Iowa be and the same is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, lowa upon said plat. Passed, adopted and approved this 2nd day of February, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Farrell moved adoption of the Rosolation. Seconded by Counc'd Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Request of Operation: New View relating to a chance in legal status, presented and read. Council Member Felderman moved that this matter be tabled until the Council meets with the Board of Supervisors, before March 30. Second- ed by Council Member Brady. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. RESOLUTION NO. 32-81 WHEREAS, Appfications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approv- ed; and WHEREAS, The premises to be oc- cupied by such applicants were in- spected and found to comply with the Ordinances of this City and have filed proper bonds; NOW, THEREFORE, BE IT RE- SOLVED, By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap- plicants a Beer Permit. CLASS "C" BEER PERMIT Beverly Miller 260 Southern Ave. (Also Sunday Sales) T F M Co. 51 West 32nd Street (Also Sunday Sales) Passed, adopted and approved this 2nd day of February, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adop- tion of the Resolution. Seconded by Council Member Brady. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. RESOLUTION NO. 33-81 WHEREAS, Applications for Li- quor Licenses have been submitted to this Council for approval and the same have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were in- spected and found to comply with the State Law and all City Ordinances relevant thereto and they have fried proper bonds; NOW, THEREFORE, BE IT RE- SOLVED, By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap- plicants a Liquor License. Regular Session, February, 2, 1981 CLASS "B" (HOTEL/MOTEL) BEER AND LIQUOR LICENSE Inns of Iowa, Ltd. 3434 Dodge St. IAlso Sunday Sales) CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE West Side Enterprises, Inc. 1800 Radford (Also Sunday Sales) Rita Clancy 201 E. 22nd St. Smith, Thomas, Daniel, and Janice M. 2417 Rhomberg Ave. (Sunday Sales Only) Passed, adopted and approved this 2nd day of February, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adop- tion of the Resolution. Seconded by Council Member Brady. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farreli, Felderman, Pratt. Nays--None. MINUTES SUBMITTED: Airport Commission (Corrected) of 10-14, and Reg. 1-3; Board of Zoning Adjustment- Rules of General Procedure and Meetings of 9-18, 10-16, 10-23, 11-13, 12-11; Community Development Com- ~nission of 1-13; Electrical Examining Board of 1-18; Mechanical Board of 11-18, 1-29; Playground and Recrea- tion Conunission of 1-12; Dubuque Transit Trustee Authority of 12-11, 1-16, 1-8 and Earnings Statement of 11-80 and 12-80; Library Board of 1-15; Dock Commission Meeting of 1-20; P & Z of 1~21, presented and read? Council Member Farreil moved that the ~ninutes be received and filed. Seconded by Council Member Felder- ~nan. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Communication of City Manager submitting report of Human Rights Director responding to inquiries made of City Council by John W. Moore, and Communication of John W. Moore submitting formal reply to the Memorandum of Mathias K. Lorenz after viewing concurrence from the Corporation Counsel, presented and read. Council Member Farrell moved that the communications be received and filed. Seconded by Council Member Felderman. Carried by the following Yeas--Mayor King, Council Mem- bers Brady, Farreil, Felderman. Pratt. Nays--None. Communication of Auditor of State of Iowa submitting Audit Report of Highway Safety Program, presented and read. Council Member Farreil moved that the communication be received and filed. Seconded by Council Member Felderman. Carried by the folinwing Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratg. Nays--None. Communication of Wm. Herrig, Business Manager of Plumber's Union, opposing premises, located at 164 Main Street, being placed on National Register of Historic Places, )resented and read. Council Member Fareell moved that the communciatinn be referred to the City Manager. Seconded by Council Member Felderman. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Communications of Helen M. Vor- wald resigning from Housing Rehab. Commission, Wm. Hammel resigning from Housing Rehab. Commission and Richard Wertzberger, Jr. resigning from Housing Commission, presented and read. Council Member Farrell moved that the communicatlons be received and filed and resignations accepted with regrets. Seconded by Council Member Felderman. Carried by the following Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Communication of Chairman of Con- sumer Affalvs Committee, Local 94. UAW, regarding not receiving proper assistance from Building Inspector's Office, presented and read. Council Member Felderman moved that the communication be received and filed. Seconded by Council Member Farrell. Carried by the follow- ing vote: Yeas--Mayor King, Council Mem- bers Brady, Farreil, Felderman, Pratt. Nays--None. Communication of City Manager xansmitting response from Commu- nity Development Director pertaining to UAW inquiry, presented and read. Council Member Felderman moved that the communication be received and filed. Seconded by Council Member Farrell. Carried by the follow- ing vote: Regular Session, February, 2, 1981 47 Yeas--Mayor King, Council Mem- bers Brady. Farreil, Felderman, Pratt. Nays--None. NOTICES OF CLAIMS, SUITS: Patricia A. Dietz vs. City of Dubuque et al in amount of $1,719.70 for vehicle damages; Mary Clarke Kutsch in amount of $2,600 for personal injury; Byron K. Judge, vehicle damage in estimated amount of $20.00, Thomas J. Deves, property damage in esti- mated amount of $1,158.40. presented and read. Council Member Farrell moved that these be referred to the Corporation Counsel for investigation and report. Seconded by Council Member Felder- man. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farreli, Felderman, Pratt. Nays--None. Communication of Corporation Counsel Russo recommending denial of car damage claim filed by Robert Fitzgerald, presented and read, Council Member Farrell moved that the communication be received and filed and denial approved. Seconded by Council Member Felderman. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farreil, Felderman, Pratt. Nays--None. REFUNDS REQUESTED--Sally J. Roy, $422.50 on unexpired Beer & Li- quor License, presented and read. Council Member Farreil moved that the request be approved and Finance Director to issue proper check. Seconded by Council Member Felder- man. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Communication of Counsel for KDUB-TV submitting supplement to petition for reconsideration regarding matter of petition of KDUB-TV for special relief, presented and read. Council Member Farreil moved that the communication be received and filed. Seconded by Council Member Felderman. Carried by the renewing vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Communication of City Manager submitting Washington Tool Library Activities for year ending 12-31-80, presented and read. Council Member Farreil moved that the communication be received and filed. Seconded by Council Member Felderman. Carried by the following vote: Yeas--Mayor King, Council Mem- hers Brady, Farrell, Felderman. Pratt. Nays--None. Communication of City Manager transmitting legal opinion as to the clarification of Iowa Open Meetings Law, presented and read. Council Member Farrell moved that the communication be received and filed. Seconded by Council Member Felderman. Carried by the following vote: Yeas--Mayor King. Council Mem- bets Brady. Farreil, Felderman, Pratt. Nays--None. Communication of City Manager re- questing Council direct Clerk to publish notice of Cable TV Franchise Public Hearing, presented and read. Council Member Farrell moved that the communication be received and filed and Clerk to publish notice. Seconded by Council Member Felder- man. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Communication of City Manager transmitting legal opinion as to Court- cil Member Pratt's participation in the Cable Franchise process, presented and read. Council Member Farrell moved that the communication be received and filed. Seconded by Council Member Felderman. Carried by the following Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. City Manager W. Kenneth Gearhart presented the FY'82 Budget to the Council and media. There being no further business, Council Member Felderman moved to adjourn. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Mary A. Davis City Clerk Approved_ 1981 Adopted 1981 Regular Session, February, 2, 1981 Council Members Special Session, February 16, 1981 49 CITY COUNCIL OFFICIAL Special Session: February, 16, 1981 Council met at 7:30 P.M. (C.S.T.) Present--Mayor King, Council Members Brady, Farreli, Felderman Pratt, City Manager W. Kenneth Gearhart, Assistant City Attorney Wm. G. Blum. Absent--Corporation Counsel R. N. Russo. Mayor King read the call and stated that service thereof had been duly made and this meeting is called for the purpose to consider reclassification of Block 1, 2 and 3 of "Jaeger Heights Subd. No. 2" from R-1 Interim Residential District to R-2 Single Family Residential District Classifica- tion and acting upon such other business as may properly come befon the Council. PROCLAMATIONS: March 1 thru April 19 as "Easter Seal Weeks in Dubuque"; March 15 thru 21 as "Na- tional Energy Week"; Week of February 23 thru 28 as "Colonel .. Leland Holland Week"; April 26 thru May 2 as "Days of Remembrance of the Victims of the Holocaust"; Week of February 22 thru 28 as "National Engineer's Week" received by Engineer George Heliert; Month of March as "American Red Cross Month" received by Red Cross Volunteer R. K. Lampe. Proof of Publication, certified to by the Publisher, of Notice of Public Hearing to rezone portion of property in "Jaeger Heights Subd. No. 2" from R-1 to R-2 classification, presented and read. No written objections were flied and no oral objectors were pre- sent in the Council Chamber at the time set for the Hearing, Council Member Farrell moved that the proof of publication be received and filed. Seconded by Council Member Pratt. Carried by the follow- lng vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Council Member Felderman moved to suspend the rules to let anyone pre- sent address the Council if they so desire. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farreli, Felderman, Pratt. Nays--None. ORDINANCE NO. 7-81 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING THAT THE CODE OF ORDI- NANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY RE- VISING APPENDIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", BY RECLASSIFYING HEREINAFTER DESCRIBED PRO- PERTY IN JAEGER HEIGHTS SUBDIVISION NO. 2 FROM R-1 IN- TERIM RESIDENTIAL ZONING DISTRICT CLASSIFICATION TO R-2 SINGLE FAMILY RESIDEN- TIAL DISTRICT CLASSIFICA- TION, said Ordinance having been ~resented and read at the meeting of January 19, 1981, presented for final adoption. ORDINANCE NO. 7-81 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING THAT THE CODE OF ORDI- NANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY RE- VISING APPENDIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", BY RECLASSIFYING HEREINAFTER DESCRIBED PRO- PERTY IN JAEGER HEIGHTS SUBDIVISION NO. 2 FROM R-1 IN- TERIM RESIDENTIAL ZONING DISTRICT CLASSIFICATION TO R-2 SINGLE FAMILY RESIDEN- TIAL DISTRICT CLASSIFICA- TION. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA. Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa, be amended by revising Appendix A thereof, also known as the "Zoning O~ dinance and Zoning Map of the City of Dubuque, Iowa", to reclassify hereinafter described property from R-1 Interim Residential District classification to R-2 Single Finally Residential District classification, to wit: Block 1, 2 and 3 of Jaeger Heights Subdivision No. 2 Section 2. That the foregoing amend- ment has heretofore been approved by the Planning and Zoning Commission of the City of Dubuque, Iow~ Passed, adopted and approved this 16th day of February, 1981. D. Michael'King Mayor Special Session, February 16,1981 ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 20th day of February, 1981. Mary A. Davis City Clerk i t 2/20 Council Member Farrell moved final adoption of the Ordinance. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bets Brady, Farreil, Felderman, Pratt. Nays--None. Proof of publication, certified to by the Publisher, of Notice of Pendency of Resolution of Necessity for demolition of the Trenkle Building, presented and read. Council Member Felderman move~ that the proof of publication be re- ceived and filed. Seconded by Council Member Farreil. Carried by the follow- ing vote: Yeas--Mayor King, Council Mem- bers Brady, Farreli, Felderman, Pratt. Nays--None. (Necessity for Improvements) RESOLUTION NO. 12-81 WHEREAS, proposed plans, speci- fications, and form of contract have been duly prepared and approved by the City Council of the City Of Dubu- que, Iowa, and are now on file in the office of the City Clerk showing among other things the following: (1) The plan of such improvement (2) An estimate of the cost of the improvement for the Demolition of the Trenkle Building, 1225 Central BE IT THEREFORE RESOLVED that the City Council deems it ad- visable and necessary for the public welfare to make the herein mentioned improvement, and unless interested persons at the time of the final con- sideratlan of this proposed resolution have on file with the City Clerk, objec- tions to the proposed plans, specifica- tigriS, contract or estimated cost of the improvement, they shall be deemed to have waived ali objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been approved by the City Coun- cfi and are now on file with the City Clerk. That the cost and expense of making said improvement will be paid from tbe General Fund and Parking Facilities Improvement Fund. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 19th day of January, 1981. RECORD OF FINAL ADOPTION The foregoing Resolution was finally passed and adopted, as proposed by the City Council this 16th day of February, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Felderman moved adoption of the Resolution. Seconded by Council Member Farreil. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Proof of publication, certified to by the Publisher, of Notice to Contractor of the Receipt of Proposals for the demolition of the Trenkle Building, presented and read. Council Member Felderman moved that the proof of publication be re- ceived and filed. Seconded by Council Member Farreli. Carried by the follow- ing vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Communication of City Manager recommending awarding contract to Cordon Construction Company for demolition of Trenkla Building, presented and read. Council Member Felderman moved that the communication be received and filed. Seconded by Council Member Farreil. Carried by the follow- ing vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. (Awarding Contract) RESOLUTION NO. 34-81 WHEREAS, sealed proposals have been submitted -by contactors for the Demolition of the Trookle Building pursuant to Resolution No. 13,81 and notice to bidders published in a newspaper published in said City on January 29, 1981; and WHEREAS~ said sealed proposals were opened and read on February 10, 1981, and it has been determined that the bid of Conlon Construction Com- pany of Dubuque, Iowa, in the amount Special Session, February 16, 1981 51 of $40,400.00 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifica- tions; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be awarded to Conlon Construction Company and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete per- formance of said work. BE IT FURTHER RESOLVED that upon the signing of said contract and the approval of the contractors bond the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed and adopted this 16th day of February, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Fciderman moved adoption of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farren, Felderman, Pratt. Nays--None. RESOLUTION NO. 35-81 A Resolution direc~ing the publica- tion ora notice of intention to issue not to exceed $3,000,000 aggregate principal amount of Private College ..... Revenue Bonds (Loras College Pro- ject) Series 1981 of the City of Dubu- que, Iowa, and calling a public hearing on the proposal to issue said bonds and authorizing execution of a memorandum of agreement. WHEREAS, the City of Dubuque, Iowa, (hereinafter referred to as the "City") is a municipal corporation and political subdivision organized and ex- isting under the laws and the Constitu- tion of the State of Iowa, and is authorized and ~mpowered by Chapter 419 of the Code of Iowa, as amended, (hereinafter referred to as the "Act"), to issue Private College Revenue Bonds and loan the proceeds from the sale of said Bonds to one or more par- ties to be used to defray ail or a portion of the cost of acquiring, improving and equipping a "Project" as that term is defined in the Act, for the use of any private college or university within or near the City in order to provide addi- tional educational opportunities and to improve the economic welfare of the residents of the City and of the State of Iowa; and WHEREAS, the City has been re- quested by Loras College, a nonprofit corporation and institution of higher education, (hereinafter referred to as the"College"), to authorize' and msue' its Private College Revenue Bonds pursuant to the provisions of the Act for the purpose of defraying all or a portion of the cost of constructing, ira- proving and equipping a physical education-recreation building (hereinafter referred to as the "Pro- ject"), which Project will be located on the Loras College Campus in the City; and WHEREAS, said Project will enable the College to expand its facilities and provide residents of the City and sur- rounding area with additional educa- tional opportunities and will add to the welfare and prosperity of the City and its inhabitants; and WHEREAS, the City has deter- mined that the amount necessary to defray ali or a portion of the cost of constructing, improving and equip- ping the Project, including necessary expenses incidental thereto, will re- quire the issuance by the City of not to exceed $3,000,000 aggregate principal amount of its Private College Revenue Bonds pursuant to the provisions of the Act; and WHEREAS, it is proposed to finance the cost of the Project through the issuance of not to exceed $3,000,000 Private College Revenue Bonds~ Series 1981, (Loras College Project) of the City (the "Bonds") and to loan said amount to the College undor a Loan Agreement between the City and the College, the obligation of which will be sufficient to pay the prin- cipal of and interest and redemption premium, if any, on the Bonds as and when the same shall become due; and WHEREAS, a Memorandum of Agreement, in the form and with the contents set forth in Exhibit A attach- ed hereto, has been presented to the City under the terms of which the City agrees, subject to the provisions of such Agreement, to pursue pro- ceedings necessary to issue its revenue bonds or notes for such purposes; and WHEREAS, before the Bonds may be issued, it is necess~y to conduct a 52 Special Session, February 16, 1981 public hearing on the proposal to issue the Bonds, all as required and provid- ed for by Section 419.9 of the Act; NOW, THEREFORB, BE IT RE- SOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. That the Cily Council of Dubuque, Iowa, meet at the Council Chambers in City Hall, in Dubuque, Iowa, on the 23rd day of March, 1981, at 7:30 o'clock p.m, at which time and place a public hearing shall be held on the proposal to issue the Bonds refe~ red to in the preamble hereof, at which hearing all local residents who appear shall be given an opportunity to ex- press their views for or against the pro- posal to issue the Bonds. Section 2. That the City Clerk of the City is hereby directed to give notice of intention to issue the Bonds, setting forth the amount and purpose thereof, the time when and place where the hearing will be held, by publication at least once not less than fifteen (15) days prior to the date fixed for the hearing, in the Dubuque Telegraph Herald, a newspaper published and having a general circulation within the City. The notice shall be in substantial- ly the following form: NOTICE OF INTENTION TO ISSUE PRIVATE COLLEGE REVENUE BONDS, SERIES 1981 ("LORAS COLLEGE" PROJECT) Notice is hereby given that a public hearing will be conducted before the Council of the City of Dubuque, Iowa, in the Council Chambers at City Hall in Dubuque, Iowa, at 7:30 o'clock p.m., on March 23, 1981, on a proposal to issue not to exceed 53,000,000 ag- gregate principal amount of the City's Private College Revenue Bonds ("Loras College" Project) Series 1981, pursuant to the provisions of Chapter 419 of the Code of Iowa, as amended, for the purpose of defraying all or a portion of the cost ot constructing, tm- proving and equipping a physical education-recreation building chiding necessary expenses incidental thereto) to be owned and operated by Loras College on the Loras College Campus in Dubuque, Iowa. It is pro- posed that the proceeds from the sale of such Bonds be loaned to Loras Col- lege with loan payments sufficient to pay the principal of and interest and redemption premium, if any, on such Bonds as the same fall due. Such Bonds, if issued, and the in- terest and premium, if any, thereon will be payable solely out of the revenue derived from an agreement pursuant to which the proceeds from the sale of said Bonds are loaned to the owner of said Project, shall be limited obligations of the City, and shall not constitute an indebtedness of the City within the meaning of any state con- stitutional provision or statutory limitation, and shall not constitute nor give rise to a pecuniary liability of said City or a charge against its general credit or taxing powers. All local residents who appear at said public hearing shall be given an opportunity to express their views for or against the proposal to issue said Bonds, and at said hearing, or any journment thereof, the Council of said City shall adopt a resolution determin- ing whether or not to proceed with the issuance of said Bonds. By Order of the City Council Mary A. Davis Clerk of the City of Dubuque, Iowa Section 3. That the Memorandum of Agreement, in the form and with the contents set forth in Exhibit A attach. ed hereto, be and the same is hereby approved and the Mayor is hereby authorized to execute said Memoran- dura of Agreement and the Clerk is hereby authorized to attest the same and to affix the seal of the City thereto, said Memorandum of Agreement, which constitutes and is hereby made a part of this Resolution, to be in substantially the form, text and con- taining the provisions set forth in Ex- hibit A attached hereto. Section 4. That officials of the City are hereby authorized to take such fu~ ther action as may be necessary to carry out the intent and purpose of the Memorandum of Agreement and issue its revenue bonds or notes upon the terms and conditions stated in such Memorandum of Agreement. Section 5. That all resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Passed and approved this 16th day of February, 198L D. Michael King Mayor ATTEST: Mary A. Davis City Clerk (Seal) EXHIBIT A MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT is between the City of Dubuque, Iowa, Ithe "City") and Loras College (the "College"). Special Session, February 16, 1981 53 1. Preliminary Statement. Among the matters of mutual inducemen which have resulted in the execution of this Agreement are the following: (a) The City is authorized by Chapter 419 of the Code of Io~va, as amended (the "Act") to issue Private College Revenue Bonds and loan the proceeds from the sale of said Bonds to one or more parties to be used to defray all or a portion of the cost of constructing, improving and equipping a "Project" as that term is defined in the Act, for any private college or university within or ~ear the City in order to pro- vide additional educational oppor- tunities for and to improve the economic welfare of the residents of the City and of the State of Iowa. (b) The College wishes to obtain satisfactory assurance from the City that the proceeds of such bonds or notes will be available to finance a por- tion of the costs of the College's con- sgructing, improving and equipping of a physical education-recreation building Ithe "Project"~ to be located on the Loras College Campus in Dubu- que, Iowa. (c) Subject to due compliance with all requirements of law, including all pro- visions of and the public hearing re- quired by the Act, the City wiil issue and sell its revenue bonds or notes (the "Bonds") in an amount sufficient to finance the costs of the project, which is presently estimated to be $3.000,000. (d) The City considers that the con- structing, improving and equipping of the Project and the financing of the same will increase the educational op- portunities available to residents of the City and promote the welfare and prosperity of the City and its citizens. 2. Undertakings on the Part of the City. (a) The City will begin the pro- ceedings necessary to authorize the issuance of the Bonds. (bi The City will cooperate, subject to due compliance with all provisions of law, with the College in the issuance and sale of the Bonds, and the pro- ceeds from the issuance of the Bonds shall be loaned to the College upon terms sufficient to pay the principal of and interest and redemption premium, if any, on the Bonds, as and when the same shah become due. 3. Undertakings on the Part of the College. (a) The College will use all reasonable efforts to cooperate with the City and comply with all provisions of law relating to the Project and the issuance of the Bonds. (b) The College will enter into a Loan Agreement with the City under the terms of which the College will obligate itself to pay to the City sums sufficient in the aggregate to pay the principal of and interest and redemp- tion premium, if any, on the Bonds as and when the same shall become due and payable. (c) The College has begun the con- struction and equipping of the Project and will otherwise take such steps as it deems appropriate or necessary to complete the Project and implement the foregoing undertakings. 4. General Provisions. (a) Ali commitments on the part of the City and the, Conege herein are subject to the condition that on or before one year from the date hereof (or such other date as shall be mutu- ally agreed to) the City and the College shall have agreed to mutually accep- table terms for the bonds and the sale and delivery thereof and of all other provisions relating to the Bonds and their issuance. (b) Whether or not the Project or the financing thereof proceeds as con- templated by this Agreement, the Col- lege agrees that it will reimburse the City for ali reasonable and necessary direct out-of-pocket expenses which the City may incur (including but not limited to legal fees, printing and )ublication costs and filing fees) aris- ing from the execution of this Agree- ment and the performance by the City of its obligation hereunder, or done at the request of the College. (c) All commitments of the City herein are further subject to the condi- tions that the City shall in no event in- cur any liability for any act or omis- sion hereunder, and that the Bonds described herein shall not constitute nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers. (d) Preparation of all resolutions, agreements, instruments, certificates and other documents in final form for adoption and execution shall be the sole responsibility of bond counsel. Dated this 16th day of February, 1981. CITY OF DUBUQUE, IOWA D. Michael King Mayor ATTEST: Mary A. Davis City Clerk (Seal) 54 Special Session, February 16, 1981 LORAS COLLEGE Pasquale DiPasquale, Jr. President ATTEST: C. T. O'Dowd Vice President (Seal) Council Member Felderman moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Communication of City Manager submitting four Resolutions authoriz- ing publication of official notice of Public Hearing required in connection with adoption of FY'82 City Budget, presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas--Mayor Ki~g, Council Mem- bers Brady, Farrefi, Felderman, Pratt. Nays--None. RESOLUTION NO. 36-81 Setting the date of Public Hearlng on the Fiscal Year 1982 Budget for the City of Dubuque, Iowa WHEREAS, Section 384.16 of the Code of Iowa provides that the City Council shall set a time and place for public hearing on the budget before the final certification date and shall publish notice before the hearing as provided in Section 362.3 of the Code of Iowa. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council shall conduct a public hearing on the proposed 1981-1982 Budget of the City of Dubuque at the Five Flags Center, 4th and Main Streets, Dubuque, lowa on Tuesday, March 10, 1981 beginning at 7:00p. m. Section 2. That the City Clerk be and she is hereby authorized and directed to publish according to law Notice of Public Hearing together with the re- quired budget information. Passed, approved and adopted this 16th day of February, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adop- tion of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady. Farrell, Felderman. Pratt. Nays--None. RESOLUTION NO. 37-81 Setting the date of Public Hearing on the Five Year Capital Improvement Program WHEREAS, a proposed Five Year Capital Improvement Program for the City of Dubuque has been prepared and submitted to the City Council; and WHEREAS, the capital projects for the first year are included in the Fiscal Year 1982 Budget for the City of Dubuque; and WHEREAS, it is deemed to be in the best interest of the City of Dubu- que to adopt the Five Year Capital Im- provement Program sim5ltaneously with the adoption of the Fiscal Year 1982 Budget for the City of Dubuque; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council shall conduct a public hearing on the Five Year Capital Improvement Pro- gram at the Five Flags Center, Fourth and Main Streets, Dubuque, Iowa on Tuesday, March 10, 1981 beginning at 7:00p.m. Section 2. That the City Clerk be and she is hereby authorized and directed to publish Notice of Public Hearing of the meeting. Passed, approved and adopted this 16th day of February, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adop- tion of the Resolution. Seconded by Council Member FarrelL Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Feldorman, Pratt. Nays--None. RESOLUTION NO. 38-81 Setting the date of Public Hearing on the use of Revenue Sharing Funds included in the Fiscal Year 1982 Budget for the City of Dubuque WHEREAS, Section 51.15 of 31 CFR 14 (Code of Federal Regulations) codifying the State and Local Assistance Act of 1972, as amended, requires that the recipient government of Revenue Sharing Funds conduct a Public Hearing to provide all citizens the opportunity to provide oral and Special Session, February 16, 1981 55 written comments and ask questions concerning the use of all funds, in- cludhig the use of Revenue Sharing Funds, and their relaU~onship to the en- tire budget. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council shall conduct a Public Hearing on the use of Revenue Sharing Funds as con- tained in the Fiscal Year 1982 Budget for the City of Dubuque at the Five Flags Center, 4th and Main Streets, Dubuque, Iowa on Tuesday, March 10, 1981 beginning at 7:00 p.m. Section 2. That the City Clerk be and she is hereby authorized and directed to publish Notice of Public Hearing on the meeting. Passed, approved and adopted this 16th day of February, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adop- tion of the Resolution. Seconded by Council Member Farrefi. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. RESOLUTION NO. 39-81 Authorizing Publication of Notice of Public Hearing for the use of Com- munity Development Block Grant Funds WHEREAS, the City of Dubuque is entitled under Title I of the Housing and Community Development Act of 1974 to certain Community Develop- ment Block Grant Funds; and WHEREAS, the regulaU~ons gover- ning the submission of an appfication for such funds require that citizens be provided with adequate information concerning .the Community Develop- ment Block Grant Program and an adequate opportunity to participate in the development of the application and in the development of any revisions, changes or amendments; and WHEREAS, it has been deemed to be in the best interests of the Com- munity Development Block Grant Program to hold a hearing to supple- ment previously held neighborhood meetings, meetings with private and public agencies, City Manager's budget meeting, and the various meetings conducted by the Community Development Commission; NOW, THEREFORE, BE IT SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE: Section 1. That the City Clerk be and she is hereby authorized and directed to publish notice of the public hearing in the form of Exhibit "A" attached hereto and made a part hereof Passed, approved and adopted this 16th day of February, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adop- tlon of the Resolution. Seconded by Council Member Farrefi. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Communication of City Manager submitting resolution establishing a Public Hearing for the purpose of con- sidering the issuance of Street Ira- provement Bonds, presented and read. Council Member Farrell moved that the communication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farreil, Felderman, Pratt. Nays--None. RESOLUTION NO. 40-81 Resolution to fix a date of meeting at which it is proposed to institute pro- ceedings for the issuance of $100,000 Street Improvement Bonds. WHEREAS, Section 384.68 of the Code of Iowa provides that a city may, by resolution, authorize and issue bonds in anticipation of the collection 'of unpaid spec'mi assessments; and WHEREAS, the unpaid assess- merits for the 1980 Asphalt Paving Project No. 1, less appropriate deduc- tions, require financing in the amount of $100,000; NOW, THEREFOEE, be it resolved by the City Council of the City of Dubuque, as follows: Section 1. That this Council meet at the Council Chambers in the City Hall in said City On the 9th day of March, 1981, at 7:30 o 'clock p.m., at which time 56 Special Session, February 16,1981 and place proceedings will be in- stituted and action taken for the issuance of $100,000 Street Improve- ment Bonds to finance a portion of the assessed cost of the construction on the 1980 Paving Project No. 1. Section 2. That the City Clerk is hereby authorized and directed to give notice of the proposed action in acco~ dance with the applicable law. Passed, approved and adopted this 16th day of February, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Farrell moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bets Brady, Farrell, Felderman, Pratt. Nays--None. Communication of City Manager submitting Ordinance revising amend- ment to Ordinance pertaining to Secondhand Dealers, Junk Dealers and Pawnbrokers, presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Felderman. Carried by the following vote: Yeas--Mayor King, Council Mem- bets Brady, Farrell, Felderman, Pratt. Nays--None. Larry Stoeckel, owner of Central Hardware, questioned whether this in any way addressed the resale of Russ Neuwoehner, an Attorney representing Liberty Coin and Key City Coin, still requested clarification of Ordinance as pertaining to coin dealers. Tom Glab, requested clarification of "precious metals", would it include brass wire? Don Holz, questioned if the waiting period extended to "dealer to dealer" sales? ORDINANCE NO. 8-81 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDI- NANCES OF THE CITY OF DUBU- QUE, IOWA, BE AMENDED BY REVISING THE TITLE OF CHAPTER 22 TO READ "SECOND- HAND DEALERS, PAWN- BROKERS, AND JUNK DEALERS" AND BY REVISING SECTION 22-1 TO PROVIDE NEW DEFINITIONS FOR "JUNK," "JUNK DEALER," AND "SECONDHAND DEALER," AND BY REVISING SECTION 22-2 TO CLARIFY REPORT REQUIRE- MENTS AND BY REVISING SEC- TION 22-3 PERTAINING TO TRANS- ACTIONS WITH MINORS AND BY REPEALING SECTION 22-4, "RE- QUIRED NOTICE UPON RECEIPT OF CONSTRUCTION TOOLS" AND ENACTING A NEW SECTION IN LIEU THEREOF TO PROVIDE A DEFINITION OF THE TRANSAC- TIONS AND TYPES OF GOODS AND MATERIALS AND VALUE THEREOF GOVERNED BY THE ORDINANCE AND TO GOVERN DISPOSITION OF CERTAIN GOODS AND MATERIALS, presented and read. Council Member Pratt moved that the reading just had be considered the first reading of the Ordinance. Second- ed by Council Member Felderman. Carried by the following vote: Yeas--Mayor King, Council Mem- bets Brady, Farrell, Felderman,~ Pratt. Nays--None. Council Member Pratt moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Felderman. Car- ried by the following vote: Yeas--Mayor King, Council Mem- bets Brady, Farreil, Felderman, Pratt. Nays--None. ORDINANCE NO. 8.81 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDI- NANCES OF THE CITY OF DUBU- QUE, IOWA, BE AMENDED BY REVISING THE TITLE OF CHAPTER 22 TO READ "SECOND- HAND DEALERS, PAWN- BROKERS, AND JUNK DEALERS" AND BY REVISING SECTION 22-1 TO PROVIDE NEW DEFINITIONS FOR "JUNK~" "JUNK DEALER," AND "SECONDHAND DEALER" AND BY REVISING SECTION 22-2 TO CLARIF~Y REPORT REQUIRE- MENTS AND BY REVISING SEC- TION 22-3 PERTAINING TO TRANS- ACTIONS WITH MINORS AND BY REPEALING SI~CTION 22-4, "RE- QUIRED NOTICE UPON RECEIPT OF CONSTRUCTION TOOLS" AND ENACTING A NEW SECTION IN LIEU THEREOF TO PROVIDE A DEFINITION OF THE TRANSAC- TIONS AND TYPES OF GOODS AND MATERIALS AND VALUE Special Session, February 16, 1981 57 THEREOF GOVERNED BY THE ORDINANCE AND TO GOVERN DISPOSITION OF CERTAIN GOODS AND MATERIALS. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the title of Chapter 22 of the Code of Ordinances of the City of Dubuque, Iowa, be repealed and a new title be enacted in lieu thereof to read as follows: "Secondhand Dealers, Pawnbrokers, and Junk Dealers" Section 2. That Section 22-1 of Chapter 22 of the Code of Ordinances of the City of Dubuque, Iowa, be amended by repealing the definitions of "Secondhand dealer," "Junk," and "Junk dealer" and enacting new defini- tions in lieu thereof to read as follows: "Junk shall mean old or scrap cop- per, brass, wire, rope, rags, batteries, paper, trasl~ rubber debris, waste, or junked, dismantled, or wrecked auto- mobiles, or parts of automobiles, or iron~ stee~ or other old or scrap fe~ rous or nonferrous material." "Junk dealer shall mean every son or organization who purchases junk for the purpose of resale and who possesses a State of Iowa retail sales tax permit." "Secondhand dealer shall mean every person or organization who purchases used goods or materials, as set out in Section 22-4 herein for the purpose of resale and who possesses a State of lowa retail sales tax permi~ advertises and purchases antique, used or scrap jewelry and precious metals." Section 3. That Chapter 22 of the Code of Ordinances of the City of Dubuque, Iowa, be amneded by repeal~ lng Section 22-2 thereof and enacting a new section in lieu thereof to read as follows: (a) When goods or materials describ- ed in Section 22-4 are received by pu~ chase, as security or on consignment, it shall be the duty of the person or organization receiving the goods or materials to record the following info~ mation concerning the transaction: (1) Name and address of the person from whom received. (2) Date, time and place of the trans- action. (3) A detailed and accurate descrip- tion of the property received. (4) A record of whether the transec- tlon was a purchage, a security or con- slgnment transaction. (5) A record of monies paid or loaned and which may be maintained separa- tely but which must be available for in- spection in the course of examination of individual transactions. (b) All receipts and records pertaining to the receipt of goods and materials as described in this ordinance shall be open to inspection during regular business hours by any police officer acting in the course of official duty and under the direction of the Chief of Police or the Chief Investigating Officer of the Police Department. (c) Failure to keep such records, or making false entries therein, or refusal to produce the same wheh requested by the persons entitled to inspect the same, shall subject the offender to penalty as provided in Section 1-8 of this Code." Section 4. That Chapter 22 of the Code or Ordinances of the City of Dubuque, Iowa, be amended by repeal- lng Section 22-3 thereof and enacting a new Section in lieu thereof to read as follows: "Section 22-3. Purchases from minors restricted. No pawnbroker, secondhand dealer or junk dealer and no clerk, agent or employee thereof shall purchase or receive property from any person under the age of eighteen (18) years without first obtaining and receiving the written consent of the parent or guardian of such person. Such written consent shall be made a part of the r~ quired records and subject to all provi- slons of Section 22-2." Section 5. That Chapter 22 of the Code of Ordinances of the City of Dubuque, Iowa, be amended by repeal- lng Section 22.4 and enacting a new section in lieu thereof to read as follows: "Section 22.4. Purchases, security and consignment transactions. (a) The purchase, receipt as security, or on consignment of the following listed goods or materials shall be governed by this ordinance: Household appliances, HousehoM furniture, Glassware, Jewelry, Pre- cious and semi-precious stones, Sti- vet/silverware, Silver coins, Gold and gold coins, Stereo equipmen~ Radio equipmen~ Television equip- ment, Tradesmen ~ s tools, Junk (b) Antique, used or scrap jewelry and precious metals shah be retained in the local place of business and it shall be unlawful to change the form of 58 Special Session, February 16, 1981 said items by melting, remounting, cutting up or otherwise changing the form of said items for a period of one hundred and twenty (120} hours from the time of said transactions. (c) The following listed items shall be exempt from the provisions of this o~ dinane~ Beverage containers, Scrap paper Passed, approved and adopted this 16th day of February, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 20th day of February, 1981. Mary A. Davis City Clerk it 2/20 Council Member Pratt moved final adoption of the Ordinance as amended. Seconded by Council Member Felder- man. Carried by the following vote: Yeas--Mayor King, Council Mem- bets Brady, Farrell, Felderman, Pratt. Nays--None. ORDINANCE NO. 9-81 AN ORDINANCE OF THE CITY OF DUBUQUE~ IOWA, PROVIDING THAT THE CODE OF ORDI- NANCES OF THE CITY OF DUBU- QUE, IOWA, BE AMENDED BY RE- VISING CHAPTER 22 TO PROVIDE FOR THE REPEAL OF SECTION 22-17 AND ENACTING A NEW SEC- TION IN LIEU THEREOF TO PRO- VIDE THE REQUIREMENTS FOR LICENSES AND BY REPEALING SECTION 22-18 AND ENACTING A NEW SECTION IN LIEU THEREOF TO PROVIDE FOR THE ISSU- ANCES OF LICENSES, presented and read. Council Member Pratt moved that the reading just had be considered the first reading of the Ordinance. Second- ed by Council Member Felderman. Carried by the following vote: Yeas--Mayor King, Council Mem- bets Brady, Farrell, Felderman, Pratt. Nays--None. Council Member Pratt moved that rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Felderman. Car- ried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. ORDINANCE NO. 9-81 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDI- NANCES OF THE CITY OF DUBU- QUE, IOWA, BE AMENDED BY RE- VISING CHAPTER 22 TO PROVIDE FOR THE REPEAL OF SECTION 22-17 AND ENACTING A NEW SEC- TION IN LIEU THEREOF TO PRO- VIDE THE REQUIREMENTS FOR LICENSES AND BY REPEALING SECTION 22-18 AND ENACTING A NEW SECTION IN LIEU THEREOF TO PROVIDE FOR THE ISSUANCE OF LICENSES. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Chapter 22 of the Code of Ordinances of the City of Dubuque be amended by repealing Section 22.17 thereof and enacting a new Section in lieu thereof to read as follows: "Section 22-1Z Required. No person shall engage in the business of junk dealer, junk collector, auto salvage dealer, pawnbroker, or secondhand dealer without first ob- raining a license therefor." Section 2. That Chapter 22 of the Code of Ordinances of the City of Dubuque be amended by repealing Section 22-18 thereof and enacting a new Section in lieu thereof to read as follows: "Section 22-18. Businesses Requi~ lng Licenses. An annual license shall be required, without fee, for any person engaged in any of the following businesses: 1. Junk dealer, 2. Junk collectors; 3. Auto salvage dealers; 4. Pawnbrokers; 5. Secondhand dealers. ' Passed, adopted and approved this 16th day of February, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 20th day of February, 1981. Mary A. Davis City Clerk lt2/20 Council Member Pratt moved final Special Session, February 16, 1981 59 adoption of the Ordinance. Seconded by Council Member Felderman. Car- ried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Communication of City Manager submitting Ordinance pertaining to the use of firearms and fireworkl within City Limits, presented and read. Council Member Felderman moved that the communication be received and filed. Seconded by Council Member Farrell. Carried by the follow- lng vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. ORDINANCE NO. 10-81 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, AMENDING THE CODE OF ORDINANCES BY REPEALING SECTIONS 26-13 AND 26-14 OF ARTICLE I, CHAPTER 26, THEREOF AND ENACTING A NEW SECTION 26-13 BY PRO- HIBITING, WITH CERTAIN EX- CEPTIONS, DISCHARGING FIREARMS OR FIREWORKS WITHIN THE CITY: BY PRO- VIDING FOR THE ISSUANCE OF PERMITS FOR FIREWORKS DISPLAYS AND FIRING RANGES, presented and read. Council Member Felderman moved that the reading just had be con- sidered the first reading of the Or- dinance. Seconded by Council Member Farren. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Council Member Feiderman moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Farrell. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. ORDINANCE NO. 16-81 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA AMENDING THE CODE OF ORDINANCES BY REPEALING SECTIONS 26-13 AND ~-14 OF ARTICLE I, CHAPTER 26, THEREOF AND ENACTING A NEW SECTION 26.13 BY PRO- HIBITING, WITH CERTAIN EX- CEPTIONS, DISCHARGING FIREARMS OR FIREWORKS WITHIN THE CITY; BY PRO- VIDING FOR THE ISSUANCE OF PERMITS FOR FIREWORKS DISPLAYS AND FIRING RANGES. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of O~ dinances of the City of Dubuque, Iowa, be hereby amended by repealing Sec- tions 26-13 and 26-14 of Article I,, Chapter 26, and providng that a new Section 26-13 be enacted to read as ~ollows: 26-18. Discharging firearms and ~reworks. (al Except as provided below and in Article III of this Chapter, no person, firm or corporation shall discharge or fire any cannon, gun, bomb, pisto~ air gun, or other firearms or set off or burn ~reerackers, torpedoes, sky rockets, roman candles, or other fireworks of llke construction or any fireworks con- reining any explosive or inflammable compound, or other device containing any explosive. (bi The City Council may, upon ap- plication in writing, grant a permit for the display and use of fireworks by any organization or groups of individuals when such fireworks display will be handled by a competent operator. (c~ The City Council may, upon ap- plleation in writing grant a permit for the operation ora firing range in which the discharge of firearms for training, recreational or competitive events would be allowed upon showing that the range would be under the direction of a competent organization, group or individual (d) In the interest of public health and safety and at such times as ap- proved by the Chief of Police, the police or their designee may use ~rearms to control rodent or animal problems when it is evident that con- ventional control methods have not resolved the problem. (e) Nothing herein shall be construed to prohibit the use of blank cartridges for a show or the theatre, or for signal purposes in athletic sports or by railroads, or trucks, for signal pu~ poses, or by a recognized military organization and provided further that nothing in this section shall apply to any substance or composition prepared and used for medicinal or fumigation purposes. Passed, approved and adopted this 16th day of February, 1981. D. Michael King Special Session, February 16, 1981 Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper tins 20th day of February, 1981. Mary A. Davis City Clerk i t 2/20 Council Member Felderman moved final adoption of the Ordinance. Seconded by Council Member Farrell. Carried by the following vote: Yeas--Mayor King, Council Mem- bets Brady, Farrell, Felderman, Pratt. Nays--None. Communclation of City Manager re- questing authorization to submit a proposal for continued funding from the Alcohol Safety Action Program (ASAP) in amount of $69,294.36. presented and read. Council Member Brady moved that the communication be received and filed and request approved. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bets Brady, Farrell, Felderman, Pratt. Nays--None. Communication of City Manager re- questing authorization to execute an amendment to the Engineering Ser- vice Agreement with Cullen, Kilby, Carolan and Assoc. for an additional $4,000.00 for services on Radford Road Industrial Park, Water Storage Tank. presented and read. Council Member Felderman moved that the authorization be approved. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Communication of City Manager ad- vising of completion of Kennedy Road Widening Project-Street Lighting Pro- ject from Pennsylvania Avenue to Asbury Road, presented and read. Council Member Farreli moved that the communication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor~ King, Council Mem- bets Brady, Farrell, Felderman, Pratt. Nays--None. ~A Resolution Accepting Improvement) RESOLUTION NO. 41-81 WHEREAS, the contract for the John F. Kennedy Road-Traffic Signals and Street Lighting from Pen- nsylvania Avenue to Asbury Road has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifica- tions and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contrac- tor from the funds to be realized from the Road Use Tax Fund issued upon the above described improvement in amount equal to the amount of his con- tract, less any retained percentage provided for ~herein. Passed. adopted and approved this 16th day of February, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Farrell moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. FINAL ESTIMATE RESOLUTION NO. 42-81 WHEREAS, the contract for the John F. Kennedy Road-Traffic Signals and Street Lighting from Pen- nsylvaina Avenue to Asbury Road has been completed and the City Engineer has submitted his final estimate show- ing the cost thereof including the cost of estimates, notices, inspection, and preparing the assessment and plat, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the cost of said improvement is hereby determined to be $275,169.09. That none of the cost thereof shall be assessable upon private property and $275,169.09 shall be paid from the Road Use Tax Fund of the City of DubuqUe. Passed, adopted and approved this 16th day of February, 1981. D. Michael King MaYor Special Session, February 16, 1981 61 ATTEST: Mary A. Davis City Clerk Council Member Farrell moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bets Brady, Farrell, Felderman, Pratt. Nays--None. Communication of City Manager ad- vising completion of City Hall Boiler/Burner Unit Replacement Pro- ject, presented and read. Council Member Farreli moved that the communication be received and filed. Seconded by Council Member Felderman. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farreli, Felderman, Pratt. Nays--None. (A Resolution Accepting Improvement) RESOLUTION NO. 43-81 WHEREAS, the contract for the City Hall Boiler/Burner Unit has been completed and the City Manager has examined the work and filed his cer- tificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contrac- tor from the funds to be realized from the General Fund in amount equal to the amount of his contract, less any re- rained percentage provided for therein. Passed, adopted and approved this 16th day of February, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Farrell moved adoption of the Resolution. Seconded by Council Member Felderman. Car- ried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. FINAL ESTIMATE RESOLUTION NO. 44-81 WHEREAS, the contract for the City Hall Boiler/Burner Unit has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices, inspection, and preparing the assessment and plat, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the cost of said improvement is hereby determined to be $18,186.73. That none of the cost thereof shall be assessable upon private property and $18,186.73 shall be paid from the General Fund of the City of Dubuque. Passed, adopted and approved this 16th day of February, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Farrell moved adoption of the Resolution. Seconded by Council Member Felderman. Car- tied by the following vote: Yeas--Mayor King, Council Mem- bets Brady, Farrell. Felderman, Pratt. Nays--None. Communication of City Manager ad- vising of completion of 18th Street Fire Station Remodeling Project, presented and read. Council Member Pratt moved that tbe communication be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farreli. Felderman, Pratt. Nays--None. ~A Resolution Accepting Improvement) RESOLUTION NO. 45-81 WHEREAS, the contract for the Remodel 18th Street Firehouse has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifica- tions and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said ~mprovement be and the samo is hereby accepted. BE IT FURTHER RESOLVED, Special Session, February 16, 1981 that the City Treasurer be and he is hereby directed to pay to the contrac- tor from Revenue Sharing and Com- munity Development Funds in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, adopted and approved this 16th day of February, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adop- tion of the Resolution. Seconded by Council Member Farrall. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. FINAL ESTIMATE RESOLUTION NO. 46-81 WHEREAS, the contract for the 18th Street Fire Station Remodeling has been completed and the City Engineer has submitted his final estimate showing the cost thereof in- cluding the cost of estimates, notices, inspection, and preparing the assess- ment and plat, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the cost of said improvement is hereby determined to be $60,490.00. That $60,490.00 of the cost shall be paid from the Revenue Sharing and Com- munity Development Funds of the City of Dubuque. Passed, adopted and approved this 16th day of February, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adop- tion of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. (A Resolution Accepting Improvement) RESOLUTION NO. 47-81 WHEREAS, the contract for the 18th Street Fire Station Remodeling has been completed and the City Manager has examined the work and fried his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its ac- ceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contrac- tor from Revenue Sharing and Com- munity Development Funds in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, adopted and approved this 16th day of February, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adop- tion of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farreli, Fe!derman, Pratt. Nays--None. FINAL ESTIMATE RESOLUTION NO. 48-81 WHEREAS, the contract for the 18th Street Fire Station Remodeling has been completed and the City Engineer has submitted his final estimate showing the cost thereof hi- cluding the cost of estimates, notices, inspection, and preparing the assess- merit and plat, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the cost of said improvement is hereby determined to be $48,604.76. That $48,604.76 of the cost shall be paid from the Revenue Sharing and Com- munity Development Funds of the City of Dubuque. Passed, adopted and approved this 16th day of February, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adop- tion of the Resolution. Seconded by Council Member Farreli. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman. Pratt. Nays--None. Special Session, February 16, 1981 (A Resolution Accepting Improvement) RESOLUTION NO. 49-81 WHEREAS, the contract for the 18th Street Fire Station Remodeling has been completed and the City Manager has examined the work and fried his certificate stating that the same has been completed according to t~e terms of the contract, plans and specifications and recommends its ac- ceptance, now therefore, BE IT RESOLVED, by the C~ty Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said im- provement be and the same is hereby accepted. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from Revenue Sharing and Conununity Development Funds the amount of his contract, less any retained percentage provided for therein. Passed, adopted and approved this 16th day of February, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adop- tion of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman. Pratt. Nays--None. FINAL ESTIMATE RESOLUTION NO. 50-81 WHEREAS, the contract for the Remodel 18th Street Firehouse has been completed and the City Engineer has submitted his final estimate show- ing the cost thereof including the cost of estimates, notices, inspection, and preparing the assessment and plat, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the east of said improvement is hereby determined to be $22,436.00. That $22,436.00 of the cost shall be paid from the Revenue Sharing and Com- munity Development Funds of the City of Dubuque. Passed, adopted and approved this 18th day of February, 1981. D. Michaal King Mayor ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adop- tion of the Resolution. Seconded by Council Member Farreli. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Communication of City Manager re- questing to proceed with final pay- ment in amount of $92,392.01 to H.D. & R. for engineering services at the Wastewater Treatment Plant, presented and read. Council Member Brady moved to deny final payment. MOTION DIED FOR LACK OF A SECOND. Council Member Falderman moved to table any further payments until such time personal contact is made with H.D. & R. and Council. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farcell, Falderman, Pratt. Nays--None. Communication of City Manager re~ questing to amend agreements with the Dubuque Area Chamber of Com- merce for Economic Development Ser.. vices, presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Falderman. Carried by the following vote: Yeas--Mayor King, Council Mem- bets Farreli, Falderman, Pratt. Nays--Council Member Brady. RESOLUTION NO. 51-81 A Resolution approving an Amend- merit to Agreements with the Dubu- que Area Chamber of Commerce for provision of Economic Development Services. WHEREAS, Resolutions No, 170-79 and 218-80 dpproved Agreements with the Dubuque Area Chamber of Com- merce for the provision of economic development services in fiscal years 1980 and 1981, respectively; and WHEREAS, such Agreements pro- vided for payment for such services from funds authorized in the Com- munity Development Block Grant pro- gram; and WHEREAS, certain provisions of the the Agreements have been found ' Special Session, February 16, 1981 to be non-conforming to requirements of the Community Development Block Grant program, according to the Department of Housing and Urban Development, and that said Agreements should therefore be amended to correct such non- conformities; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Agreements bet- ween the City of Dubuque, Iowa, and the Dubuque Area Chamber of Com- merce, previously authorized by Resolutions No. 170-79 and 218-80, are hereby amended, according to the Amendment to Agreements, hereto at- tached and marked Exhibit "A". Section 2. That the City Manager be and he is hereby authorized to make payment to the Dubuque Area Chamber of Commerce for services described in the aforesaid Amend- meat, in the manner provided there!,, upon the acceptance of the Amend- ment by the Dubuque Area Chamber of Commerce and the Department of Housing and Urban Development. Passed, approved and adopted this 16th day of February, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adop- tion of the Resolution. Seconded by Council Member Felderman. Carried by the following vote: Yeas-Mayor King, Council Mem- bers Farrell, Felderman, Pratt. Nays--Council Member Brady. Communication of City Manager submitting Tax Exemption Applica- tions from Jackson Park Urban Revitalization Area Property Owners and requesting approval, presented and read. Council Member Felderman moved that the communication be received and filed. Seconded by Council Member Pratt. Carried by the follow- ing vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. RESOLUTION NO. 52-81 A Resolution approving the Tax Ex- emption Applications of Jackson Park Urban Revitalization Area Property owners and authorizing the transmit- tal of the approved applications to the City Tax Assessor. WHEREAS, the Urban Revitaliza- tion Act. as enacted by the 68th General Assembly of the State of Iowa, allows cities to give property tax exemptions for improvements made to properties in a designated revitaliza- tion area; and WHEREAS, the Urban Revitaliza- tion Act requires each property owner ;o submit a written exemption applica- tion by February 1 of the assessment year for winch the exemption is first claimed, and further requires the governing body of the city to approve all applications that meet the re- quirements of the adopted urban revitalization plan and forward the ap- proved applications to the local assessor for review by March 1 of each year; and WHEREAS, pursuant to the re- quirements of said Urban Revitaliza- tion Act. City Ordinance 74-80, adopted December 22, 1980. establish- ed the Jackson Park Area as an urban revitalization area; and WHEREAS, the City Clerk of the ~ity of Dubuque, as of February 1, 1981, received tax exemption applica- tions from owners of property as follows: Aquarius Investments (by David Bisenins, General Partner) for im- provements to property at 1669 Main Street, Norma M. Denlinger for im- provements to property at 1535-1537 Bluff Street, Edward Feyen for improvements to property at 1610 Iowa Street, Francis Wm. Henkels for im- provements to property at 326 W. Locust Street, and Dennis Naughton for improvements to property at 1631 Main Street; and wHEREAS, staff of the City's Housing Services Division have reviewed the above described applica- ions and inspected the properties, and have determined that the applications and the improvements conform to all requirements of the Jackson Park Ur- ban Revitalization Plan; NOW, THEREFORE. BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the above described Special Session, February 16, 1981 65 tax exemption applications meet all re- quirements of the Jackson Park Urban Revitalization Plan Section 2. That the above described tax exemption applications are hereby approved by the City Counci& subject to the review and the approval of the City Assessor. Section 3. That the City Clerk of the City of Dubuque is hereby authorized to forward the above described tax ex- eruption applications to the City Tax Assessor. Passed, adopted and approved this 16th day of February, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Felderman moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Communication of P & Z approving final plat of "Zwack Place", presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by. Council Member Felderman. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. RESOLUTION NO. 53-81 A Resolution approving the plat of the Subdivision of "Zwack Place" in the City of Dubuque, Iowa. WHEREAS, there has been filed with the City Clerk a plat of the Sub- division of "Zwack Place" in the City of Dubuque, Iowa; and WHEREAS, said plat has been ex- amined by the City Planning and Zen- lng Commission and had its approval endorsed thereon; and WHEREAS, said plat has been ex- amined by the City Council, and the City Council finds that the same con- forms to statutes and ordinances relating thereto. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat of the Sub- division of "Zwack Place" in the City of Dubuque, Iowa be and the same is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said plat. Passed, adopted and approved this 16th daY of February, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adop- tion of the Resolution. Seconded by Council Member Felderman. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell. Felderman, Pratt. Nays--None. Communication of Ed Rosenow sub- mltting resignation from Housing Rehab. Commission, presented and read. Council Member Pratt moved that the resignation be accepted with regret. Seconded by Council Member Felderman. Carried by the following Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Council Member Felderman moved that Lloyd Gudenkauf be appointed to serve on the Building Code Board of Appeals. Vote on the nomination was as innows: Yeas--Mayor King, Council Mere: bets Brady, Farreil, Felderman, Pratt. Nays--None. Lloyd Gudenkauf therefore ap- pointed to serve for a three year term to expire 12-31-83. Council Member Brady moved that George C. Biasi be nominated for the Historic Preservation Commission. Council Member Felderman moved that Charles D. Glab be nominated for the Historic Preservation Commis- sion. Council Member Farrell moved that Maxine Griep be nominated for the Historic Preservation Commission. Vote on the nominations was as follows: Biasi: Yeas--Mayor King, Council Member Brady. Glab: Yeas--Mayor King, Council Members Felderman, Pratt. Griep: Yeas--Council Member Far- roll. Charles D. Glab therefore appointed Special Session, February 16, 1981 to the Historic Preservation Commis- sion for an unexpired term to expire 6-29-82. Council Member Brady nominated Duane R. Giesler for the Housing Commission. Council Member Farreil nominated Martha Gleeson to serve on the Hous- lng Commieeion. Council Member Felderman nominated Norbert B. Laufenberg to serve on the Housing Commission. Vote on the nominations was as follows: Giesler: Yeas--Council Member Brady. Gleeson: Yeas--Council Members Farrell, Pratt, Brady. Laufenberg: Yeas--Mayor King, Council Member Felderman. Martha Gleeson therefore appointed to the Housing Commission for an unexpired term to expire 8-17-81. Council Member Pratt nominated Michael Wertz, D.D.S. to serve on the Plumbing Board. Vote on the nomina- tion was as follows: Yeas--Mayor King, Council Mem- bets Brady, Farrell, Felderman, Pratt. Michael Wertz, D.D.S. therefore ap- pointed for a three year term to expire 11-02-83. RESOLUTION NO. 54~81 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 within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. West Side Enterprises, Inc. 1800 Radford Road Passed, adopted and approved this 16th day of February, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Felderman moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farreil, Felderman, Pratt. Nays--None. RESOLUTION NO. 55-81 WHEREAS, Applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approv- ed; and , The premises to be oc- cupied by such applicants were in- spected and found to comply with the Ordinances of this City and have filed proper bonds; NOW, THEREFORE, BE IT RE- SOLVED, By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap- b. Beer Permit. CLASS "C" BEER PERMIT Brian's, Inc.. 3305 Asbury Road (Also Sunday Sales) Lucky Stores, Inc. 1800 Elm St. IAlee Sunday Sales) Lucky Stores, Inc. 2075 J.F.K. Rd. (Also Sunday Sales) Thomas E. Kessler 1993 Asbury Rd. (Also Sunday Sales) T F M Co. 1545 S. Grandview Ave. (Also Sunday Sales) Theodore J. & Georgia A. Heinz 1278 Central Ave. Passed, adopted and approved this 16th day of February, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Felderman moved adoption of the Reeniution. Seconded by Council Member Pratt. Carried by Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. RESOLUTION NO. 5~81 WHEREAS, Applications for Li- quor Licenses have been submitted to this Council for approval and the same have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were in- spected and found to comply with the State Law and ail City Ordinances relevant thereto and they have filed proper bonds; NOW, THEREFORE, BE IT RE- SOLVED, By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap- ! License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Dorothy Shaffer 1103 Iowa St. IAlee Sunday Gales) Apartments Ltd. Kennedy Mall (Also Sunday Sales) Speclal Session, February 16, 1981 67 Passed, adopted and approved this 16th day of February, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Felderman moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farreil, Felderman, Pratt. Nays--None. MINUTES SUBMITTED: Airport Commission of 1-28; Historic Preser- vatlan Commission of 1-13; Housing Commission of 1-20; Five Flags Com- mission of 1-19; Housing Rehab. Corn~ mission of 2-3; P & Z of 1-28 and 2-4; presented and read. Council Member Felderman moved that the minutes be received and filed. Seconded by Council Member FarrelL Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Communication of City Manager submitting reports for month of December, 1980; Proof of publication of List of Claims and Expenditures for month of December 1980, presented and read. Council Member Felderman moved that the communication and proof of publication be received and filed. Seconded by Council Member Farreil. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Communication of Counsel for Cedar Rapids Television Company submit- ting opposition to reply and opposition to supplement to petition for recon- sideration regarding petition of KDUB-TV for special relief, presented and read. Council Member Felderman moved that the communication be received and filed. Seconded by Council Member Farrell. Carried by the follow- lng vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Petition of Richard E. Giesbrecht, objecting to the possibility of eliminating the position of Human Rights Investigator from the recom~ mended .fiscal year 1982 Budget, presented ~nd read. Council Member Felderman moved that the petition be referred to the Budget Hearings. Seconded by Coun- cil Member Farrell. Carried by the following vote: Yeas--Mayor King, Council Mem- hers Brady, Farrell, Felderman, Pratt. Nays--None. Communication of District Engineer of Iowa DOT advising of proposal to let a pier repair project on Primary Road No. US #20 on March 30, 1981 with the City of Dubuque and located at the Mississippi River Bridge, presented and read. Council Member Felderman moved that the communication be received and filed. Seconded by Council Member Farrell. Carried by the follow- ing vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Petition of 4th Street Neighborhood Association requesting to rename lane running from Bluff Street toward the hill between 4th and 5th Streets be named "Copperhead Place" presented and read. Council Member Felderman moved that the petition be referred to the City Manager. Seconded by Council Member Farreli. Carried by the follow- ing vote: Yeas--Mayor King, Council Mem- bers Brady, Farreil, Felderman, Pratt. Nays--None. Refunds Requested--Barney Willen- borg, $422.50 on unexpired Liquor License, presented and read. Council Member Felderman moved that the request be approved and Finance Director to issue proper check. Seconded by Council Member Farreil. Carried by the following vote: Yeas--Mayor King, Council Mem- bets Brady, Farreli, Felderman, Pratt. Nays--None. Communication of Corporation Counsel recommending settlement of claim of Sister M. Rosalie Thamann, in amount of $59.84, presented and read. Council Member Felderman moved that the settlement be approved and Finance Director to issue proper check. Seconded by Council Member Farrell. Carried by the following vote: Yeas--Mayor King, Council Mem- bets Brady, Farreil, Felderman, Pratt. Nays--None. Communication of Corporation Counsel recommending denial of claim filed by Mary Clare Kuteeh, presented 68 Special Session, February 16,1981 and read. Council Member Felderman moved that the denial be approved. Seconded by Council Member Farrell. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farre]l, Felderman, Pratt. Nays--None. NOTICES OF CLAIMS, SUITS: Notice of Suit of Milton R. Bergman, Adm. of Estate of Dorenda Jo Bergman, deceased, Etta J. Royston and Milton R. Bergman, vs. City of Dubuque, in amount of $325,000 for the wrongful death of said Dorenda J. Bergman on August 1. 1980; Leroy J. Sherman, in amount of $50 for proper- ty damages; Kevin Nickolas, in undetermined amount for personal in- juries; Mrs. Loretta Smith, in undeter- mined amount, for sewer back-up damages on 1-3-81; Mrs. Leroy Birch, in undetermined amount for personal injuries; presented and read. Council Member Felderman moved that the suits and claims be referred to the Corporation Counsel for investiga- tion and report. Seconded by Council Member FarrelL Carried by the follow- ing vote: Yeas--Mayor King. Council Mem- bers Brady, Farre]l, Felderman, Pratt. Nays--None. Communication of Teleprompter Corporation advising that Westinghouse Broadcasting Com- pany, a subsidiary of Westinghouse Electric Corp. plans to acquire control of Teleprompter Corporation, presented and read. Councli Member Felderman moved that the communication be received and filed and referred to Council. Seconded by Council Member Farrell. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Petition of Paul H. Demkier re- questing City purchase alley between north end of Burlington and Muscatine Streets, presented and read. Council Member Felderman moved that the petition be referred to the City Manager. Seconded by Council Member Farrell. Carried by the inllow- ing vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Communication of City Manager submitting response to Win. Herrig letter concerning Lower Main Street National Register Nomination, presented and read. Council Member Felderman moved that the communication be received and filed. Seconded by Council Member Farre]l. Carried by the follow- lng vote: Yeas--Mayor King, Council Mem- bers Brady, Farreli, Felderman, Pratt. Nays--None. John Klauer. 1927 University, ex- pressed appreciation to City Manager Gearhart for his presence and con- tribution to the meeting hosted by Mr. Klauer regarding the 1982 Budget. Daniel Dittemore. Community Development Director, advised Coun- cil the process and disposition of land on Pennsylvania Avenue, requested permission to advertise the availabili- ty of the land; awarding project before March 23, 1981, and that Dubuque In Future was willing to cooperate. General consensus was that the City would advertise for proposals on hous- ing issue. 9:45 p.m. Council Member Felder- man moved to go into Executive See- sion ~or the purpose to discuss wage negotiation for Police Department in accordance with Chapter 20 of the State Code of Iowa, 1979. Seconded by Council Member Pratt. Carried by the following vote: Yeas-~Mayor King, Council Mem- bets Brady, Farrell, Felderman, Pratt. Nays--None. Council reconvened regular session at 10:07 p.m. Mayor King announced that Personnel Manager was given direction to go to Arbitration regar- ding the Police Contract. There being no further business, Council Member Pratt moved to ad- journ. Seconded by Council Member Felderman. Carried by the in]lowing vote: Yeas--Mayor King, Council Mem- bers Brady, Farre]l, Felderman, Pratt. Nays--None. Mary A. Davis City Clerk Approved .1981 Adopted 1981 Special Session, February 16, 1981 65 tax exempHon applications meet all re- quirements of the Jackson Park Urban Revitalization Plan Section 2. That the above described tax exemption applications are hereby approved by the City Counci~ subject to the review and the approval of the City Assessor. Section 3. That the City Clerk of th, City of Dubuque is hereby authorized to forward the above described tax ex- eruption applications to the City Tax Assessor. Passed, adopted and approved this 16th day of February, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Felderman moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Communication of P & Z approving final plat of "Zwack Place", presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Felderman. Carried by the following votel Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. RESOLUTION NO. 53-81 A Resolution approving the plat of the Subdivision of "Zwack Place" in the City of Dubuque, Iowa. WHEREAS, there has been filed with the City Clerk a plat of the Sub- division of "Zwack Place" in the City of Dubuque, Iowa; and WHEREAS, said plat has been ex- amined by the City Planning and Zon- ing Commission and had its approval endorsed thereon; and WHEREAS, said plat has been ex- amined by the City Council, and the City Council finds that the same con- forms to statutes and ordinances relating thereto. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat of the Sub- division of "Zwack Place" in the City of Dubuque, Iowa be and the same is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said plat. Passed, adopted and approved this 16th day o£ February, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adop- tion of the Resolution. Seconded by Council Member Felderman. Carried by the fo]lowing vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Communication of Ed Rosenow sub- mitring resignation from Housing Rehab, Commission, presented and read. Council Member Pratt moved that the resignation be accepted with regret. Seconded by Council Member Felderman. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Council Member Felderman moved that Lloyd Gudenkauf be appointed to serve on the Building Code Board of Appeals. Vote on the nomination was as follows: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Lloyd Gudenkauf therefore ap- Jointed to serve for a three year term to expire 12-31-83. Council Member Brady moved that George C. Blasi be nominated for the Historic Preservation Commission. Council Member Felderman moved that Charles D. Glab be nominated for the Historic Preservation Commls- sion. Council Member Farrell moved that Maxine Griep be nominated for the Historic Preservation Commission. Vote on the nominations was as follows: Biasi: Yeas--Mayor King, Council Member Brady. Glab: Yeas--Mayor King, Council Members Felderman, Pratt. Griep: Yeas--Council Member Far- fei1. Charles D. Glab therefore appointed Special Session, February 16, 1981 to the Historic Preservation Commis- sion for an unexpired term to expire 6-29-82. Council Member Brady nominated Duane R. Giesler for the Housing Commission. Council Member Farreli nominated Martha Gleeson to serve on the Hous- ing Commission. Council Member Felderman nominated Norbert B. Laufenberg to serve on the Housing Commission. Vote on the nominations was as follows: Giesler: Yeas--Council Member Brady. Gleeson: Yeas--Councli Members Farrell, Pratt, Brady. Laufenberg: Yeas--Mayor King, Council Member Felderman. Martha Gleeson therefore appointed to the Housing Commission for an unexpired term to expire 8-17-81. Council Member Pratt nominated Michael Wertz, D.D.S. to serve on the Plumbing Board. Vote on the nomina- tion was as follows: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Michael Wertz, D.D.S. therefore ap- pointed for a three year term to expire 11-02-83. RESOLUTION NO. 54-81 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 within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. West Side Enterprises, Inc. 1800 Radford Road Passed, adopted and approved this 16th day of February, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Felderman moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. RESOLUTION NO. 55-81 WHEREAS, Applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approv- ed; and WHEREAS, The premises to be oc- cupied by such applicants were in- spected and found to comply with the Ordinances of this City and have filed proper bonds; NOW, THEREFORE, BE IT SOLVED, By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap- plicants a Beer Permit. CLASS "C" BEER PERMIT Brian's, Inc. 3305 Asbury Road (Also Sunday Sales) Lucky Stores, Inc. 1800 Elm St. IAlso Sunday Sales) Lucky Steres, Inc. 2075 J.F.K. Rd. (Also Sunday Sales) Thomas E. Kessler 1993 Asbury Rd. IAlso Sunday Sales) T F M Co. 1545 S. Graadview Ave. Also Sunday Sales) Theodore J. & Georgia A. Heinz 1278 Central Ave. Passed, adopted and approved this 16th day of February, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Felderman moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farreli, Felderman, Pratt. Nays--None. RESOLUTION NO. 56-81 WHEREAS, Applications for Li- quor Licenses have been submitted to this Council for approval and the same have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were in- spected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW, THEREFORE, BE IT RE- SOLVED, By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap- dicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE )orothy Shaffer 1103 Iowa St. (Also Sunday Sales) Apartments Ltd. Kennedy Mall (Also Sunday Sales) Special Session, February 16, 1981 67 Passed, adopted and approved this 16th day of February~ 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Felderman moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. MINUTES SUBMITTED: Airport Commission of 1-28; Historic Preser- vation Commission of 1-13; Housing Commission of 1-20; Five Flags Com- mission of 1-19; Housing Rehab. Com- mission of 2-3; P & Z of 1-28 and 2-4; presented and read. Council Member Felderman moved that the minutes be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas--Mayor King. Council Mem- bers Brady, Farreil, Felderman, Pratt. Nays--None. Communication of City Manager submitting reports for month of December, 1980; Proof of publication of List of Claims and Expenditures for month of December 1980, presented and read. Council Member Felderman moved that the communication and proof of publication be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Communication of Counsel for Cedar Rapids Television Company submit- ting opposition to reply and opposition to supplement to petition for recon- sideration regarding petition of KDUB-TV for special relief, presented and read. Council Member Felderman moved that the communication be received and filed. Seconded by Council Member Farrell. Carried by the follow- hig vote: Yeas--Mayor King, Council Mem- bers Brady, Farreli, Felderman, Pratt. Nays--None. Petition of Richard E. Giesbrecht, objecting to the possibility of eliminating the position of Human Rights Investigator from the recom- mended fiscal year 1982 Budget, presented and read. Council Member Felderman moved that the petition be referred to the Budget Hearings. Seconded by Coun- cil Member Farrell. Carried by the following vote: Yeas--Mayor King, Council Mem- bets Brady, Farreli, Felderman, Pratt. Nays--None. Communication of District Engineer of Iowa DOT advising of proposal to let a pier repair project on Primary Road No. US #20 on March 30, 1981 with the City of Dubuque and located at the Mississippi River Bridge, presented and read. Council Member Felderman moved that the communication be received and filed. Seconded by Council Member FarrelL Carried by the follow- ing vote: Yeas--Mayor King, Council Mem- bets Brady, Farrell, Felderman, Pratt. Nays--None. Petition of 4th Street Neighborhood Association requesting to rename lane running from Bluff Street toward the hill between 4th and 5th Streets be named "Copperhead Place" presented and read. Council Member Felderman moved that the petition be referred to the City Manager. Seconded by Council Member Farreli. Carried by the follow- ing vote: Yeas--Mayor King, Council Mem- bers Brady, Farreli, Felderman, Pratt. Nays--None. Refunds Requested--Barney Willon- borg, $422.50 on unexpired Liquor License, presented and read. Council Member Felderman moved that the request be approved and Finance Director to issue proper check. Seconded by Council Member Farreli. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Communication of Corporation Counsel recommending settlement of claim of Sister M. Rosalie Thomann, in amount of $59.84, presented and read. Council Member Felderman moved that the settlement be approved and Finance Director to issue proper check. Seconded by Council Member Farrell. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farreli, Felderman, Pratt. Nays--None. Communication of Corporation Counsel recommending denial of claim filed by Mary Clare Kutsch, presented 68 Special Session, February 16,1981 and read. Council Member Felderman moved that the denial be approved. Seconded by Council Member Farrell. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman. Pratt. Nays--None. NOTICES OF CLAIMS, SUITS: Notice of Suit of Milton R. Bergman, Adm. of Estate of Dorenda Jo Bergman, deceased, Etta J. Royston and Milton R. Bergman, vs. City of Dubuque, in amount of $325,000 for the wrongful death of said Dorenda J. Bergman on August 1, 1980; Leroy J. Sherman, in amount of $50 for proper- ty damages; Kevin Nickolas, in undetermined amount for personal in- juries; Mrs. Loretta Smith. in undeter- mined amount, for sewer back-up damages on 1-3-81; Mrs. Leroy Birch, in undetermined amount for personal injuries; presented and read. Council Member Felderman moved that the suits and claims be referred to the Corporation Counsel for investiga- tion and report. Seconded by Council Member Farrell. Carried by the follow- ing vote: Yeas--Mayor King, Council Mem- bers Brady, Farreli. Felderman. Pratt. Nays--None, Communication of Teleprompter Corporation advising that Westinghouse Broadcasting Com- puny, a subsidiary of Westinghouse Electric Corp. plans to acquire control of Teleprompter Corporation, presented and read. Council Member Felderman moved that the communication be received and filed and referred to Council. Seconded by Council Member Farrell. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Petition of Paul H. Demklar re- questing City purchase aliey between north end of Burlington and Muscatine Streets, presented and read. Council Member Felderman moved that the petition be referred to the City Manager. Seconded by Council Member Farrell. Carried by the follow- ing vote: Yeas--Mayor King, Councli Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Communication of City Manager submitting response to Wm. Herrig letter concerning Lower Main Street National Register Nomination, presented and read: Council Member Felderman moved that the communication be received and filed. Seconded by Council Member Farrell. Carried by the follow- ing vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. John Klauer, 1927 University, pressed appreciation to City Manager Gearhart for his presence and con- tribution to the meeting hosted by Mr. Klauer regarding the 1982 Budget. Daniel Dittemore, Community Development Director, advised Coun- cil the process and disposition of land on Pennsylvania Avenue, requested permission to advertise the availabili- ty of the land; awarding project before March 23, 1981, and that Dubuque In Futuro was willing to cooperate. General consensus was that the City would advertise for proposals on hous- ing issue. 9:45 p.m. Council Member Felder- man moved to go into Executive Ses- sion for the purpose to discuss wage negotiation for Police Department in acco~cdance with Chapter 20 of the State Code of Iowa, 1979. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King. Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Councit reconvened regular session at 10:07 p.m. Mayor King announced that Personnel Manager was given direction to go to Arbitration regar- ding the Police Contract. There being no further business, Council Member Pratt moved to ad- journ. Seconded by Council Member Felderman. Carried by the Ioilowlng Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Mary A. Davis City Clerk Approved. 1981 Adopted 1981 Regular Session, March 2, 1981 CITY COUNCIL OFFICIAL Regular Session, March 2, 1981. No members of the Council being present, the meeting was adjourned subject to call. Mary A. Davis City Clerk Approved__ __1981 Adopted 1981 Council Members ATTEST: City Clerk