1981 September Council Proceedings376
Special Session, August 31, 1981
CITY COUNCIL
OFFICIAL
Special Session, August 31, 1981.
Council met at 4:30 P.M. (C.D.T.).
Present: Mayor King, Council Mem-
bers Brady, Farrell, Felderman, City
Manager W. Kenneth Gearhart, Cor-
poration Counsel R. N. Russo.
Absent: Council Member Pratt.
Mayor King read the call and stated
that service thereof had been duly
made and this Meeting is called for the
purpose to Affirm or Revoke the City
Manager's Suspension of a Civil Ser-
vice Employee and acting upon such
other business which may come before
the Council.
Communication of City Manager re-
questing Council to affirm the suspen-
sion of a Transit Driver (Civil Service
Employee) without pay for a period of
two (2) workdays, presented and read.
Council Member Farreil moved that
the conununication be received and
· ed and that the recommendation of
the City Manager be affirmed. Second-
ed by Council Member Felderman.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bets Brady, Farreli, Felderman.
Nays--None.
Absent--Council Member Pratt.
There being no further business,
Council Member Farreil moved to ad-
journ. Seconded by Council Member
Felderman. Carried by the following
Yeas--Mayor King, Council Mem-
bers Brady, Farreli, Felderman.
Nays--None.
Absent--Council Member Pratt.
Mary A. Davis
City Clerk
Approved __ 1981
Adopted 1981
Council Members
ATTEST:
City Clerk
Special Session, September 2, 1981
377
CITY COUNCIL
OFFICIAL
Special Session, September 2, 1981.
Council met at 4:30 p.m. (C.D.T.)
Present--Mayor King, Council
Members Brady, Farreil, Felderman,
City Manager W. Kenneth Gearhart,
Corporation Counsel R. N. Ruseo.
Absent--Council Member Pratt.
Mayor King read the call and stated
that service thereof had been duly
made and this Meeting is called for the
purpose to conduct a Public Hearing
providing for the disposal of interest
in real estate owned by the City to
Dubuque.In-Future, Inc. for property
known as Dubuque Industrial Center
and acting upon such other business
which may properly come before the
Council.
Proclamation: September 6th as
"Richard Slattery Day."
Communication of P & Z approving
plat of Lot 1-2 A.C. Pfohl Place, pre-
sented and read.
Council Member Felderman moved
that the communication be received
and filed. Seconded by Council Mem-
ber Farreil. Carried by the foilowing
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Felderman.
Nays--None.
Absent--Council Member Pratt.
RESOLUTION NO. 263-81
Resolution Approving Plat of the Sub-
division of Lot 1 of Lot 2 of A. C. Pfohl
Place in the City of Dubuque, Iowa.
WHEREAS, there has been pre-
sented to the City Council of the City
of Dubuque, Iowa, a plat of the Subdi-
vision of Lot 1 of Lot 2 of A. C. Pfohl
Place in the City of Dubuque, Iowa;
and
WHEREAS, the City Council has
examined the same and finds that said
plat conforms to law and same should
be approved;
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the plat of the herein-
above described real estate be and the
same is hereby approved, a copy of
which is hereto attacheci
Section 2. That the Mayor and the
City Clerk be and they are hereby au-
thorized and directed to execute the
same on behalf of the City of Dubuque,
Iowa, as owner and approving agency.
Passed, adopted and approved this
2nd day of September, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Felderman moved
adoption of the Resolution. Seconded
by CounCd Member Farreil. Carried by
the following vote:
Yeas--Mayor King, Council Mera-
bets Brady, Farrell, Felderman.
Nays--None.
Absent--Council Member Pratt.
Proof of publication, certified to by
the Publisher, of Notice of Public
Hearing on Notice of Intent to dispose
of real estate owned by the City to
Dubuque.In-Future. lnc., as an Iowa
non-profit corporation, for property
known as Dubuque Industrial Center,
presented and read.
There were no written objections re-
ceived and no oral objectors present at
the time set for the Hearing.
Council Member Felderman moved
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, Farrell, Felderman.
Nays--None.
Absent--Council Member Pratt.
RESOLUTION NO. 264-81
WHEREAS, pursuant to Resolution
and published notice of time and place
of hearing, pubilshed in the Telegraph-
Herald, a newspaper of general circula-
tion, published in the City of Dubuque,
Iowa on August 24, 1981, the City
Council of the City of Dubuque, Iowa
met on the 2nd day of September, 1981
at 4:30 o'clock P.M. (CDT) in the City
Council Chambers, City Hail, Dubu-
que, Iowa to consider the proposal to
dispose of real estate owned by the
CITY OF DUBUQUE, IOWA to
DUBUQUE-IN-FUTURe, INC., an
Iowa non-profit corporatlon, which
real estate proposed for disposition
consists of ail that portion of Lot 2 of
A. C. Pfohl Place and excluding that
area proposed as right-of-way of the
North-West Arterial Roadway, said
property being a parcel of approxi-
mately 180 acres in area and is the 1o-
cation of the proposed Dubuque
Industrial Center and which shail hare-
after be platted, described and known
SS:
378
Special Session, September 2, 1981
Lot i of Lot 1 of Lot 2 of A. C. Pfohl
Place, as renamed and titled Dubu-
que Industrial Center in the City of
Dubuque, Iowa, according to plat
previously approved by Resolution
No, 263-81, and subject to ease-
ments of records; and
WHEREAS, the City Council of the
City of Dubuque, Iowa overruled any
and ali objections, oral or written, to
the proposal to dispose of interest of
the City of Dubuque, Iowa in the here.
inabove real estate to the above named
Grantee, DUBUQUE-IN-FUTURO,
INC.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section L That the disposal of inta~
est by the City of Dubuque, Iowa in
the hereinabove described real estate
to DUBUQUE-IN-FUTURO, INC., an
lows non.profit corporation, be and the
same is hereby approved for and in
consideration of certain covenants and
other agreements by and between the
Grantor and the Grantee according to
a Memorandum of Agreement between
the parties, heretofore accepted and
entered into under Resolution No.
249-81; that the conveyance shall be by
Quit Claim Deed and said conveyance
shall be subject to and the City re~
serves unto itself a perpetual easement
in, over and across said real estate for
public utilities, together with, and in-
eluding the right of ingress and egress
thereto for the purposes of repairing
and maintaining existing sewer and
public utilities.
Section 2. That the City Clerk be and
she is hereby directed and authorized
to deliver deed of conveyance convey-
lng the above described real estate to
the above.named Grantee upon full
compliance by the Orantee with the
covenants and terms of Memorandum
of Agr~emeot entered into by the par~
Section 3. That the City Clerk be and
she is hereby authorized and direvtad
to record a certified copy of this Reso-
lutiou in the offices of the City Asses-
sot, County Auditor and Dubuque
County Treasurer.
Passed, adopted and approved this
2nd day of September, 1981,
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Falderman moved
adoption of the Resolution. Seconded
by Council Member Farreli. Carried by
the following vote:
Yeas--Mayor King, Council Mem
bets Brady, Farreil, Felderman.
Nays--None.
Absent--Council Member Pratt.
RESOLUTION NO. 265-81
A Resolution Fixing a Date for a Pub.
llc Hearing on Proposed Industrial De.
velopment Revenue Bonds {Dubuque-
In-Future, Inc. Project) Series 1981.
WHEREAS, the City of Dubuque,
in Dubuque County~ Iowa (the "City"),
an incorporated municipality, has
heretofore obtained a grant of
$932,000 (the "HUD Grant") from the
Department of Housing and Urban
Development ("HUD") for the acquisi-
tion of certain land located within the
corporate boundaries of the City as the
site for an industrial park known and
referred to as the Dubuque Industrial
Center (the "Industrial Park"); and
WHEREAS, the City and Dubuque-
In-Future, Inc. an Iowa non-profit cot-
poration (the "Corporation"), have
heretofore obtained a grant of
$1,500,000 (the "EDA Grant") from
the Economic Development Adrninls-
tration, U.S. Department of Com-
merce ("EDA"), for the construction
of certain improvements constituting
a part of the Industrial park {the HUD
Grant and the EDA Grant being here-
inciter referred to as the "Federal
Grants"); and
WHEREAS, the HUD Grant has
been heretofore used fur the purpose of
acquiring said site for the Industrial
Park and no other funds of the City
have been used for such purpose, and
the EDA Grant has been or will be
used solely for such purpose, and the
EDA Grant has been or will be used
solely for the purpose for which ob-
talned; and
WHEREAS, the City is authorized
by the laws of the State of Iowa, and
specifically Chapter 419 of the Code of
Iowa, 1981, as amended (the "Act'S), to
issue revenue bonds and lend the pre,
ceeds to one or more contracting par-
ties pursuant to a loan agreement for
the purpose of defraying the cost of
any land, buildings or improvements,
which facilities shall be in or within
eight miles of the corporate limits of
the City, suitable for certain specified
purposes, including the uss of any in-
dustry for the manufacturing, process-
ng or assembling of any agricultural
,r manufactured products, or of any
Special Session, September 2,1981
379
commercial enterprise engaged in stet-
lng, warehousing or distributing pro-
ducts of agriculture, mining or indus-
try, and which loan agreement shall
provide for the repayment of such loan
by the contracting party; and
WHEREAS, no portion of the In-
dustrial Park was acquired by the City
by condemnation through eminent do-
main, and all of the land constituting
the site for the Industrial Park was
specifically acquired by the City for
the development of the Industrial
Park; and
WHEREAS, the City has heretofore
sold its interest in the Industrial Park
to the Corporation, to be used by the
Corporation for sale, lease, or sublease
to others solely and only for purposes
which are authorized by the Act and in
accordance with the terms and condi-
tions of the Federal Grants; and
WHEREAS, the Corporation pro.
poses to construct and install certain
other improvements not paid or to be
paid from the Federal Grants, includ-
ing the grading of certain sites (the
"Project"), in the Industrial Park; and
WHEREAS, the City proposes to
issue its Industrial Development
Revenue Bonds (Dubuque.In-Future,
Inc. Project) Series 1981 in an aggre.
gate principal amount not to exceed
$1,000,000 (the "Series 1981 Bonds")
to obtain funds to lend to the Corpora-
tion pursuant to a Loan Agreement be-
twsen the City and the Corporation
(the "Loan Agreement") for the put-
pose of financing the cost of the Pfc-
ject to the Corporation; and
WHEREAS, the Corporation will be
the contracting party to the Loan
Agreement within the meaning of the
Act, and the Loan Agreement will pre-
vide for the repayment by the Corpor-
ation of the loan of the proceeds of the
Series 1981 Bonds; and
WHEREAS, it is dcemad necessary
and advisable for the promotion of the
general health and welfare of the in-
habitants of the City, that the Project
be constructed and instelied as afore.
said, and that the City take such ac-
tion as may be required under appli-
cable statutory provisions to author-
ize and issue the Series 1981 Bonds to
finance the cost of the Project; and
WHEREAS, the aggregate cost of
the Project has been determined to be
not less than $1,000,000 and it is pro-
posed to pay the cost of the Project, to
that amount, through the issuance of
the Series 1981 Bonds to that amount,
but it is first necessary to conduct a
public hearing on the propocal to issue
the Series 1981 Bonds, as required and
provided by Section 419.9 of the Act;
NOW, THEREFORE, Be It Re-
solved by the City Council of the City
of Dubuque, Iowa, as follows:
Section 1. That this Council meet at
the Council Chambers in the City Hall
in said City on the 21st day of Septem-
bet, 1981, at Z'30 P.M., at which time
and place a publlc hearing shall be held
on the proposal to issue Industrial
velopment Revenue Bonds (Dubuque-
In-Future, Inc. Project) Series 1981, in
an aggregate principal amount not to
exceed $1,000,000 as referred to in the
preamble hereof, and at which hearing
all local residents who appear shall be
given an opportunity to express their
views for or against the proposal to
issue the Series 1981 Bonds.
Section 2. That City Clerk is hereby
directed to give notice of intention to
issue the Series 1981 Bonds by publlca-
tion at least once not less than fifteen
(15) days prior to the date fixed for the
hearing in the Telegraph-Hemld~ a
legal newspaper published in and hay.
lng a general circulation within the
City of Dubuque, Iowa, in substantial-
ly the following form:
NOTICE OF INTENTION TO ISSUE
INDUSTRIAL DEVELOPMENT
REVENUE BONDS
(DUBUQUE-IN-FUTURO, INC.
PROJECT) SERIES 1981
The City Council of the City of Du-
buque, in Dubuque County, Iowa, will
meet on the 21st day of September,
1981, at the Council Chambers in the
City Hall in Dubuque, Iowa at 7:30
P,M., for the purpose of conducting a
public hearing on the proposal to issue
Industrial Development Revenue
Bonds (Dubuque.In-Future, Inc. Pre.
ject) Series 1981, of said City, la a prin.
clpal amount not to exceed $1,000,000,
for the purpose of landing the proceeds
thereof to Dubuque-In-Future, Inc., an
Iowa non-profit corporation, to pay
the cost, to that amount, of financing
the cost of constructing and installing
certain improvements, including the
grading of certain sites, in the Dubu-
que Industrial Center, located in the
City. These bonds, when issued, will be
limited obligations and will not consti-
tuts general obligations of said City
nor will they be payable iff any manner
by taxation, but said bonds will be
payable solely and only out of the
revenues to be derived by the City
380 Special Session, September 2, 1981
from payments to be made by said
Corporation under a Loan Agreement
between said City and said Corpora-
At the time and place fixed for said
public hearing aH local residents who
appear will be given an opportunity to
express their views for or against the
proposal to issue said bonds.
By order of the City Council, Sep-
tember 2, 1981.
Mary A. Davis
City Clerk
Section 3. That all resolutions or
parts thereof in conflict herewith be
and the same are hereby repealed, and
this resolution shall be effective forth-
with upon its passage and approval
Passed and approved this 2nd day of
September, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Felderman moved
adoption of the Resolution. Seconded
by Council Member Brady. Carried by
the fo]lowing vote:
Yeas--Mayor King, Council Mem-
bers Brady, Fmrell, Feldermou. Nays--Noue.
Absent--Council Member Pratt.
There being no further business,
Council Member Farreil moved to ad-
journ. Seconded by Council Member
Felderman. Carried by the following
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Felderman.
Nays--None.
Absent--Council Member Pratt.
Mary A. Davis
City Clerk
Approved __ 1981
Adopted _ __ 1981
Council Members
ATTEST:
City Clerk
Regular Session, September 7,1981
CITY COUNCIL
OFFICIAL
Regular Session, September 7, 1981.
Council met at 7:30 p.m. (C.D.T.I
No members of council being pre-
sent, meeting was adjourned subject
to call.
Mary A. Davis
City Clerk
Approved 1981
Adopted 1981
Council Members
ATTEST:
City Clerk
381
382 Regular Adjourned Session, S~
CITY COUNCIL
OFFICIAL
Regular Adjourned .Session, Sep-
tember 3, 1981.
Council met at 7:30 p.m. (C.D.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 and stated
that service thereof had been duly
made and this Meeting is an adjourned
meeting of the Regular Session of Sep-
tember 7, 1981, called to order on Sep-
tember 8, 1981, for the purpose to act
upon such business which may come
before the Council.
Proclamations: Sept. 10th thru Nov.
17th as "United Way Campaign
Time" received by Mol Graves; Sept. 7
thru 12th as "Uninn Label Week."
Proof of publication, certified to by
the Publisher, of Notice of Public
Hearing to consider vacua;ion of
streets surrounding area around
Petrakls Park and providing for dis-
posal of area known as Petrakis Park
to Pillsbury Co. in the mnount of
$180,000.00, presented and read.
Council Member Pratt moved that
the proof of publication be received
and filed. Seconded by Council Mem-
ber Farrell. Carried by the following
Yeas--Mayor King, Council Mem-
bets Brady, Farrell, Felderman, Pratt.
Nays--None.
Communication of Wm. Conzett
Chairman of Rd. of Dock Commissions
objecting to sale of Petrakis Park Co.
and recommending to sell property to
Agri Industries, 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-
bets Brady, Farrell, Felderman, Pratt.
Nays--None.
Communication of Wm. Herrig,
Business Mgr. of Plumbers and
Steamfitters Local #66 objecting to
sale of 4th St. Ball park to Pillsbury
and recommending to sell said proper-
ty to Agri Industries, presented and
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.
*tember 8, 1981
Council Member Pratt moved to sus-
pend the rules to let anyone present
address the Council if they so desire.
Seconded by Council Member Felder-
man. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
David Strom, 974 Indian Ridge, rep-
resenting the Fischer Co., raised sever-
al objections to the sale of Petrakis
Park, suggesting instead a long term
lease.
Don Deich, 2605 Washington, ob-
jected to the make-up of the commit-
tee formed to make the recommends-
tion on this matter and hopes the
Council takes enough time to do the
right thing.
Al Polsean, 3515 Crescent Ridge,
suggested the City not include the
lights in the sale'of Petrakis Park.
Tom Rolle, Rt. I Peosta, and Joe
Pickett, Sr., both stated that Picketts
is expanding because of the backing of
Agri Ind. and Agri is fair and good for
Dubuque.
Maury Von Nostrand of Agri Ind.
stated that his company is determined
to build a barge loading terminal in
Dubuque.
Eddie Nicholson, 3726 Penns.,
stated a study made several years ago
showed this area is not good for the re-
quested use of Agri Ind.
Leo McCarthy, an Attorney repro-
senting the Pillsbury Co., stressed
that Pillsbury needs this land to ex-
pand and their offer has no strings at-
tached and further, that the expansion
will generate about 100 jobs this fall.
Also, Pillsbury will remove the light
standards and make them available to
the City.
Robert Neuwohner, 1376 Netting-
ham Ct., as Pres. of the Dubuque
Board of Realtors, stated the cornmlt-
tee formed to provide recommendation
in this matter was imbalanced with
City staff and that the Dock Comm.
should have made the first recommen-
datinn and that the interests of the
City would be best served if
Pillsbury's offer was turned down.
Wm. Conzett, 2345 Simpson, an At-
torney and member of the Dock
Comm,, urged the Council to reject
Pillsbury's offer and accept Agri's,
also questioned the loss of wharfage
fees.
Wm. Woodward~ 757 Sunset Ridge,
stressed the committee was not put to-
gether properly and that leasing this
property would be best, not letting the
4
Regular Adjourned Session, September 8, 1981 383
City lose the wharfage fees.
Council Member Brady moved to re-
instate the rules. Seconded by Council
Member Felderman. Carried by the fol-
lowing vote:
Yeas--Mayor King, Council Mem-
bors Brady, Farrell, Falderman, Pratt.
Nays--None.
Council brought the sale of Petrakis
Park back to the table for more com-
plete discussion.
Council Member Brady moved that
the matter be tabled and referred to
the Dock Comm. for further input.
Motion died for lack of a second.
During discussion, Council Member
Pratt moved for an Agreement be-
tween Pillsbury and Agri Ind. with
Piilsbury agreeing to an easement to
Agri for a railroad spur. Seconded by
Council Member Felderman. Carried
by the following vote:
Yeas--Mayor King, Council Mem-
bets Brady, Farreil, Felderman, Fratt.
Nays--None.
Council Member Brady requested
that the following be made an Amend-
merit to the Resolution concerning this
matter: "The City of Dubuque ap-
proves the intent to dispose of Petrak-
is Park to pillsbury for the sum of
$180,000.00, subject however, and on
the condition the City reserves and ex-
cepts from the conveyance so much of
the described real estate as will be
necessary to grant perpetual easement
to Agri Industries or any other succes-
sor(s) in interest for purpose of main-
tenance or construction of railroad
spur track at approximately 81 feet in
width more or tess and length which
shall be delineated after appropriate
survey, and that Pillsbury pay full
purchase price of $180,000.00, and
upon granting of easement by the City
of Dubuque, receipt of $50,000.00 by
the City shall be remitted to Pillsbury.
This reservation and acceptance shail
expire three years from the date of de-
livery of deed, in the event that the
purchase of said railroad easement is
not consummated by either Agri or
any other successor. Further describ-
ing the easement area, it shall run gen-
erally a southerly 13° arc direction to
exit the property at a point where Bell
St. and E. 4th St. intersect."
Council recessed at 9:58 p.m.
Council reconvened at 10:12 p.m,
ORDINANCE NO, 47-81
AN ORDINANCE VACATING PINE
STREET FROM THE E.P.L. OF
MARKET ST. TO THE W.P.L. OF
BELL ST., VACATING WALL ST.
FROM THE E.P.L. OF MARKET ST.
TO THE W.P.L. OF FOURTH ST.,
VACATING ALLEY BETWEEN
WALL ST. AND WASHINGTON ST.
FROM THE E.P.L. OF MARKET ST.
TO THE W.P.L. OF FOURTH ST.
AND VACATING WASHINGTON
ST. FROM THE E.P.L. OF MARKET
ST. TO THE W.P.L. OF FOURTH
ST., said Ordinance having been
presented and read at the Council
Meeting of August 17, 1981, presented
for final adoption.
ORDINANCE NO. 47-81
AN ORDINANCE VACATING
PINE STREET FROM THE EAST
PROPERTY LINE OF MARKET
STREET TO THE WEST PROP
ERTY LINE OF BELl, STREET,
VACATING WALL STREET
FROM THE EAST PROPERTY
LINE OF MARKET STREET TO
THE WEST PROPERTY lANE OF
FOURTH STREET, VACATING
ALLEY BETWEEN WALl.
STREET AND WASHINGTON
STREET FROM THE EAST
PROPERTY LINE OF MARKET
STREET TO THE WEST PltOP-
ERTY LINE OF FOURTH
STREET, AND VACATING
WASHINGTON STREET FROM
THE EAST PROPERTY LINE OF
MARKET STREET TO THE
WEST PROPERTY LINE OF
FOURTH STREET.
WHEREAS, a plat h~ been pre-
pared and submitted to the City Cram-
cji showing the real estate hereai above
described, and assigned lot numbers
thereto, which shall hereafter be
known and described as Lot 39A,
Block 11; Lot 39A, Block 22: Lot 39B
Block 22, aad Lot 39A, Block 26 in
Dubuque Harbor lmprovelnent Coin-
party's Addition in the City of
Dubuque, Iowa; and
WHEREAS, the City of Dubuque,
Iowa, has determined thai these streets
are no longer required for public use
and the vacation of said streets h} the
City of Dubuque, Iowa, should be
approved.
NOW, THEREFORE, BE IT
ORDAINED, by the City Council of
the City of Dubuque, Iowa:
Section 1. That said real estate
described as Lot 39A, Block 11, Lot
39A, Block 22; Lot 39B, Block 22;
and Lot 39A, Block 26 in Dubuque
Harbor Improvement Company's
Addition, in Dubuque, Iowa, be and
the same are hereby vacated.
PASSED, APPROVED AND
ADOPTED this 8th day of September,
1981.
382 Regular Adjourned Session, Se
CITY COUNCIL
OFFICIAL
Regular Adjourned .Session, Sep-
tember 3, 1981.
Council met at 7:30 p.m. (C.D.T.)
Present--Mayor King, Council
Members Brady, Farren, Felderman,
Pratt, City Manager W. Kenneth
Gearhart, Corporation Counsel R. N.
Russo.
Mayor King read the call and stated
that service thereof had been duly
made and this Meeting is an adjourned
meeting of the Regular Session of Sep-
tember 7, 1981, called to order on Sep-
tember 8, 1981, for the purpose to act
upon such business which may come
before the Council.
Proclamations: Sept. 10th thru Nov.
17th as "United Way Campaign
Time" received by Mel Graves; Sept. 7
thru 12th as "Union Label Week."
Proof of publication, certified to by
the Publisher, of Notice of Public
Hearing to consider vacation of
streets surrounding area around
Petrakls Park and providing for dis-
posal of area known as Petrakis Park
to Pillsbury Co. in the amount of
$180,000.00, presented and read.
Council Member Pratt moved that
the proof of publication be received
and filed. Seconded by Council Mem-
ber Farrell. Carried by the following
vote~
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Communication of Wm. Conzett
Chairman of Bd. of Dcck Commissions
objecting to sale of Petrakis Park Co.
and recommending to sell property to
Agrl Industries, 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, Feldermen, Pratt.
Nays--None.
Communication of Wm. Herrlg,
Business Mgr. of Plumbers and
Steamfitters Local #66 objecting to
sale of 4th St. Bail Park to Pillsbury
and recommending to sell said proper-
ty to Agri Industries, 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, Feldermsn, Pratt.
Nays--None.
.tember 8, 1981
Council Member Pratt moved to sus-
pend the rules to let anyone present
~ddress the Council if they so desire.
Seconded by Council Member Felder-
man. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
David Strom, 974 Indian Ridge, rep-
resenting the Fischer Co., raised sever-
al objections to the sale of Petrakis
Park, suggesting instead a long term
lease.
Don Deich, 2605 Washington, ob-
jected to the make-up of the commit-
tee formed to make the recommends-
tion on this matter and hopes the
Council takes enough time to do the
right thing.
A1 Polsean, 3515 Crescent Ridge,
suggested the City not include the
lights in the sale'of Petrakis Park.
Tom Rolle, Rt. 1 Peosta, and Joe
Pickett, Sr., both stated that Picketts
is expanding because of the backing of
Agri Ind. and Agri is fair.and good for
Dubuque.
Maury Von Nostrand of Agri Ind.
stated that his company is determined
to build a barge loading terminal in
Dubuque.
Eddie Nicholson, 3726 Penns.,
stated a study made several years ago
showed this area is not good for the re-
quested use of Agri Ind.
Leo McCarthy, an Attorney repre-
senting the Pillsbury Co., stressed
that Pillsbury needs this land to ex-
pand and their offer has no strings at-
tached and further, that the expansion
will generate about 100 jobs this fall.
Also, Pillsbury will remove the light
standards and make them available to
the City.
Robert Neuwohner, 1376 Notting-
ham Ct., as Pres. of the Dubuque
Board of Realtors, stated the commit-
tee formed to provide recommendation
in this matter was imbalanced with
City staff and that the Dock Comm.
should have made the first recommen-
dation and that the interests of the
City would be best served if
Pillsbury's offer was turned down.
Wm. Conzett, 2345 Simpson, an At-
terney and member of the Dock
Comm., urged the Council to reject
Pillsbury's offer and accept Agri's,
also questioned the loss of wharfage
fees.
Wm. Woodward~ 757 Sunset Ridge,
stressed the committee was not put
gerber properly and that leasing this
property would be best, not letting the
Regular Adjourned Session, September 8, 1981 383
City lose the wharfage fees.
Council Member Brady moved to re-
instate the rules. Seconded by Council
Member Felderman. Carried by the fol-
lowing vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Council brought the sale of Petrakis
Park back to the table for more com-
plete discussion.
Council Member Brady moved that
the matter be tabled and referred to
the Dock Comm. for further input.
Motion died for lack of a second.
During discussion, Council Member
Pratt moved for an Agreement be-
tween Pillsbury and Agri Ind. with
Pillsbury agreeing to an easement to
Agri for a railroad spur. Seconded by
Council Member Felderman. Carried
by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Council Member Brady requested
that the following be made an Amend-
ment to the Resolution concerning this
matter: "The City of Dubuque ap-
proves the intent to dispose of Petrak-
is Park to pillsbury for the sum of
$180,000.00, subject however, and on
the condition the City reserves and ex-
cepts from the conveyance so much of
the described real estate as will be
necessary to grant perpetual easement
to Agrl Industries or any other succes-
sor(s) in interest for purpose of main-
tenance or construction of railroad
spur track at approximately 31 feet in
width more or less and length which
shell be delineated after appropriate
survey, end that Pillsbury pay full
purchase price of $180,000.00, and
upon granting of easement by the City
of Dubuque, receipt of $50,000.00 by
the City shall be remitted to Pillsbury.
This reservation and acceptance shall
expire three years from the date of d~
livery of deed. in the event that the
purchase of said railroad easement is
not consummated by either Agri or
any other successor. Farther deecrlb-
ing the easement area, it shah run gen-
erally a southerly 13° arc direction to
exit the property et a point where Bell
St. and E. 4th St. intersect."
Council recessed at 9:58 p.m.
Council reconvened at 10:12 p.m.
ORDINANCE NO. 47-81
AN ORDINANCE VACATING PINE
STREET FROM THE E.P.L. OF
MARKET ST. TO THE W.P.L. OF
BELL ST., VACATING WALL ST.
FROM THE E.P.L. OF MARKET ST.
TO THE W.P.L. OF FOURTH ST,,
VACATING ALLEY BETWEEN
WALL ST. AND WASHINGTON ST.
FROM THE E.P.L. OF MARKET ST.
TO THE W.P.L. OF FOURTH ST.
AND VACATING WASHINGTON
ST. FROM THE E.P.L. OF MARKET
ST. TO THE W.P.L. OF FOURTH
ST., said Ordinance having been
presented and read at the Council
Meeting of August 17, 1981, presented
for final adoption.
ORDINANCE NO. 47-81
AN ORDINANCE VACATING
PINE STREET FROM THE EAST
PROPERTY LINE OF MARKET
STREET TO THE WEST PROP-
ERTY LINE OF BELL STREET,
VACATING WALL STREET
FROM THE EAST PROPERTY
LINE OF MARKET STREET TO
THE WEST PROPERTY LINE OF
FOURTH STREET, VACATING
ALLEY BETWEEN WALL
STREET AND WASHINGTON
STREET FROM THE EAST
PROPERTY LINE OF MARKET
STREET TO THE WEST PROP-
ERTY LINE OF FOURTH
STREET, AND VACATING
WASHINGTON STREET FROM
THE EAST PROPERTY LINE OF
MARKET STREET TO THE
WEST PROPERTY LINE OF
FOURTH STREET.
WHEREAS, a plat has been pre-
pared and submitted to the City Coun-
cil showing the real estate herein above
described, and assigned lot numbers
thereto, which shall hereafter be
known and described as Lot 39A,
Block 11; Lot 39A, Block 22; Lot 39B.
Block 22, and Lot 39A, Block 26 in
Dubuque Harbor Improvement Com-
pany's Addition in the City of
Dubuque, Iowa; and
WHEREAS, the City of Dubuque,
Iowa, has determined that these streets
are no longer required for public use
and the vacation of said streets in the
City of Dubuque, Iowa, should be
approved.
NOW, THEREFORE, BE IT
ORDAINED, by the City Council of
the City of Dubuque, Iowa:
Section 1. That said real estate
described as Lot 39A, Block 11, Lot
39A, Block 22; Lot 39B, Block 22;
and Lot 39A, Block 26 in Dubuque
Harbor Improvement Company's
Addition, in Dubuque, Iowa, be and
the same are hereby vacated.
PASSED, APPROVED AND
ADOPTED this 8th day of September,
1981.
Regular Adjourned Session, September 8, 1981
D. Michael King
MAYOR
ATTEST:
Mary A. Davis
CITY CLERK
Published officially in the Telegraph
Herald newspaper this 16th day of
October, 1981;
Mary A. Davis
City Clerk
It 10/16
Council Member Felderman moved
final adoption of the Ordinance, with
direction to City Clerk that it not be
published until so advised by Corpor-
ation Counsel. Seconded by Council
Member Farrell. Carried by the follow-
lng vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreli, Felderman, Pratt.
Nays--None.
RESOLUTION NO. 266-81
WHEREAS, pursuant to Resolution
and published notice of time and place
of hearing, published in the Telegraph
Herald, a newspaper of general circu-
lation, published in the City of Dubu-
que, Iowa on August 24, 1981, the City
Council of the City of Dubuque, Iowa
met on the 8th day of September, 1981
at 7:30 o'clock P.M. ICDT) in the City
Council Chambers, City Hall, Dubu-
que County, Iowa to consider the pro-
posal of the vacation and sale of real
estate being Pine Street from the
E.P.L. of Market Street to the W.P.L.
of Bell Street; Walt Street from the
E.P.L. of Market Street to the W.P.L.
of Fourth Street; Alley between Wall
Street and Washington Street from
tho E.P.L. of Market Street to the
W.P.L. of Fourth Street and Washing-
ton Street from the E.P.L. of Market
Street to the W.P.L. of Fourth Street,
all of which shall hereafter be platted,
described and known as:
Lot 39A Block 11, Lot 39A Block 22,
Lot 39B Block 22 and Lot 39A Block
26 in Dubuque Harbor Improvement
Company's Addition in the City of
Dubuque, Iowa
and to sell the same together with real
estate described as:
Lot 1 of Public Square, Lot 1 of 1 of 7,
Lot 1 of 8, Lot 1 of 9, Lots 10 through
19 inclusive, Lot i of 1 of 28, Lot I of
27, Lot 1 of 26 and Lots 25 through
20, inclusive, all in Block 22 in Dubu-
que Harbor Improvement Com-
pany's Addition, AND Lot 1 of i of
16, Lot i of 17, Lot 1 of 18, and Lot
19 ali in Block 26 in Dubuque Harbor
Improvement Company's Additlon
and Lot i of 20, Lot 1 of 21, Lot 1 of
22, Lot 1 of 23, Lot 1 of 24, Lot 1 of
25, Lot 1 of 26, Lot 1 of 27, Lot 1 of
28, Lot 1 of 29, Lot 1 of 30, Lot 1 of
31, Lot 1 of 32, and Lot 1 of 33 ali in
Block 11 of Dubuque Harbor Im-
provement Company's Addition; ali
above property is also known as
"PETRAKIS PARK"
to PILLSBURY COMPANY; and
WHEREAS, the City Council of the
City of Dubuque, Iowa overruled any
and all objections, oral or written, to
the proposal to dispose of interest of
the City of Dubuque, Iowa in the here-
inabove real estate to the above-
named Grantee;
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the disposal of inte~
est and sale thereof in real estate de-
scribed as:
Lot 39A Block 11, Lot 39A Block 22,
Lot 39R Block 22 and Lot 39A Block
26 all in Dubuque Harbor Improve-
ment Company's Addition AND Lot
1 of Public Square, Lot1 of 1 of 7, Lot
I orS, Lot I erg, Lots 10 through 19
inclusive, Lot 1-1 of 28, Lot I of 27,
Lot i of 26 and Lots 25 through 20 in-
clusive all in Block 22 in Dubuque
Harbor Improvement Company's
Addition, AND Lot I of I of 16, Lot 1
of 17, Lot I of 18 and Lot 19 all in
Block 26 in Dubuque Harbor Im-
provement Company's Addition
AND Lot l of 20, Lot1 of 21, Lot1 of
22, Lot I of 23, Lot 1 of 24, Lot i of 25,
Lot i of 26, Lot i of 27, Lot I of 28, Lot
1 of 29, Lot1 of 30, Lot1 0f$1, Lot1 of
32 and Lot I of $3 all in Block 11 of
Dubuque Harbor Improvment Com-
~any's Addition, all above property
is also known as "PETRAKIS
. PARK"in the City of Dubuque, lowa
to PILLSBURY COMPANY be and
the same is hereby approved for the
consideration of One Hundred Eighty
Thousand and no~lO0 dollars
'$180,000.00); that conveyance shall be
by Quit Claim Deed and the said con-
veyance shall be subject to and the
City reserves unto itself a perpetual
easement in, over and across said real
estate for public utilities, together
with, and including, right of ingress
and egress thereto for the purposes of
repairing and maintaining existing
sewer and public utilities. The City of
Dubuque approves the intent to
dispose of Petrakis Park to Pillsbury
Company for the sum of $180,~00.0~
subject however, and on the condition
the City r~serves and excepts from the
conveyance so much of the described
Regular Adjourned Session, September 8, 1981
385
real estate as will be necessary to grant
perpetual easement to Agri Industries
or any other successor(s) in interest for
purpose of maintenance or construc-
tion of railroad spur track at approxi-
mately 31 feet in width more or less
and length which shall be delineated
after appropriate survey, and that
Pillsbury Company pay full purchase
price of $180,000.00 and upon granting
of easement by the City of Dubuque,
receipt of $50,00~.00 by the City shall
be remitted to Pillsbury Company.
This reservation and acceptance shall
expire three years from the date of
delivery of deed, in the event that th,
purchase of said railroad easement is
not consummated by either Agri In.
dustries or any other successor. (Fu~
ther describing the easement area, it
shall run generally a southerly 13° arc
direction to exit the property at a point
where Hell St. and E. 4th Street inter
sect.)
Section 2. That the City Clerk be and
she is hereby directed and authorized
to deliver deed of conveyance convey-
ing the above described real estate to
the abovemamed Grantee upon receipt
of the purchase price in full.
Section 3. That the City Clerk be and
she is hereby authorized and directed
to record a certified copy of this Reso-
lution in the offices of the City Asses-
sor, Dubuque County Recorder and
Dubuque County Auditor.
Passed, adopted and approved this
8th day of September, I981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Pratt moved adop-
tion of the Resolution as amended.
Seconded by Council Member Felder-
man. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bets Brady, Farreil, Felderman, Pratt.
Nays--None.
Council Member Felderman moved
to suspend the rules to let anyone pre-
sent address the Council if they so de-
sire. Seconded by Council Member
Farrell. 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 Public
Hearing on Resolution of Necessity for
the White St. at 21st St. Radius Im-
provements, presented and read.
There were no written objections re-
ceived and no oral objectors were pre-
sent at the time set for the Hearing.
Council Member Felderman moved
to receive and file the proof of publica-
tion. Seconded by Council Member
Farrell. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
(Necessity for Improvementl
RESOLUTION NO. 230-81
WHEREAS, proposed plans have
been duly prepared and approved by
the City Council of the City of Dubu-
que, Iowa, and are now on file in the of-
rice of the City Clerk showing among
other things the plans, specifications
and form of contract for the improve-
ment, and an estimate of the cost for
the White Street at 21st Street Radius
Improvements.
BE IT THEREFORE RESOLVED
that the City Council deems it advis-
able and necessary for the public wel-
fare to make the herein mentioned im-
provement, and unless interested per-
sons at the time of the final considera-
tion of this proposed resolution have
filed objections with the City Clerk to
the proposed plans, specifications,
contract or estimated cost of the im-
provement, they shall be deemed to
have waived all objections thereto.
Said improvement shall be con-
structed and done in accordance with
the plans and specifications which
have been approved by the City Court-
cil and are now on file with the City
Clerk. That the cost and expense of
making said improvement will be paid
from the Road Use Tax Fund and
Community Development Fund.
Tile above resolution was intro-
duced, approved and ordered placed on
file with the City Clerk this 3rd day of
August, 1981.
RECORD OF FINAL ADOPTION
The foregoing Resolution was finally
passed and adopted, as proposed by
the City Council this 8th day of Sep~
tember, 1981.
D. Michael King
Mayor
ATTEST:
M~ry 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-
bets Brady, Farrell, Felderman, Pratt.
Nays--None.
Regular Adjourned Session, September 8, 1981
Decision of Council Upon Objections
to Plans, Specifications, Form of
Contract and Cost of Improvements
RESOLUTION NO. 267-81
WHEREAS, proposed plans and
specifications and form of contract for
the White Street at 21st Street Radius
Improvements have been approved by
the City Council of the City of Dubu-
que and public notice given as pro-
vided by the Code of Iowa pertaining
to public contracts and bonds, and the
time and place fixed for or cost of such
improvements, said time being this
8th day of September, 1981; and
WHEREAS, the City Council met in
regular adjourned session this 8th day
of September, 1981, at 7:30 p.m. at the
City Council Chambers in the City
HaH for the purpose of hearing all in-
terested parties and considering any
and aH objections which have been
filed to the proposed plans, specifics-
tions or contract for or cost of the im-
provement herein described and pro-
posed to be made; and
WHEREAS, ali interested parties
have been given an opportunity to be
heard and all objections which have
been duly weighed and considered;
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of the
City of Dubuque, that all objection
which have been made and filed to the
plans, specifications, contract for or
cost of said improvement herein de-
scribed and proposed to be made, be
and the same hereby overruled and
such plans, specifications and form of
contract heretofore approved are here-
by adopted.
BE IT FURTHER RESOLVED
that this resolution containing the d~
cision of this City Council upon all ob-
jections which have been filed to the
plans, specifications and form of cost
said improvement be made a matter of
permanent record in connection with
said improvement.
Passed, adopted and approved this
8th day of Septembar, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clark
Council Member Faidermen moved
adoption of the Resolution. Seconded
by Council Member Farrell, Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreli, Feldarmen, Pratt.
Nays--None.
IOrdering Construction)
RESOLUTION NO. 268-81
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBU-
QUE that pursuant to a Resolution of
Necessity No. 230-81 which was duly
passed by this Council for the White
Street at 21st Street Radius Improv~-
meats be and the same are hereby
ordered and constructed by this Coun-
cil upon its own motion and with or
without the petition of property own-
ers. All the work shall be constructed
in accordance with the plans and spe-
cificatious heretofore adopted and now
on file in the office of the City Clerk.
BE IT FURTHER RESOLVED
that the cost and expense of the said
improvement be paid from The Road
Use Tax Fund and Community Devel-
opment Fund.
BE IT FURTHER RESOLVED
that this resolution being deemed ur-
gent and of immediate necessity shall
be in force and effect from and altar its
passage and adoption by the City
Council.
Passed, adopted and approved this
8th day of September, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Feldermen moved
adoption of the Resolution. Seconded
by Council Member Farreil. Carried by
the following vote:
Yeas--Mayor King, C0uncfl Mem-
bets Brady, Farrell, Feldarman, Pratt.
Nays--None.
Proof of publication, certified to by
· the Publisher, of Notice to Contractors
for the receipt of proposals for the con-
struction of White St. at 21st Street
Radius Improvements, presented and
read.
Council Member Feldarman moved
that the proof of publication be re.
eeived and filed, Seconded by Council
Member Farreli. Carried by the follow-
lag vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrefi, Feldorman, Pratt.
Nays--None.
Conununication of City Mgr. edvla-
lng of receipt of bids for the construe.
tion of White St. at 21st St. Radius
Improvements and recommending
awarding contract, presented and
read.
Council Member Feldarmen moved
that the communication be received
and filed. Seconded by Council Mem-
Regular Adjourned Session, September 8, 1981
387
ber Farrell. Carried by the following
vote:
Yeas--Mayor King, Council Mem-
bets Brady, Farreli, Felderman, Pratt.
Nays--None.
(Awarding Contract)
RESOLUTION NO. 26~81
WHEREAS, sealed proposals have
been submitted by contractors for the
White Street at 21st Street Radius Ira-
provements pursuant to Resolution
No. 231-81, and notice to bidders pub-
lished in a newspaper published in said
City on August 7, 1981; and
WHEREAS, said sealed proposals
were opened and read on August 21,
1981, and it has been determined that
the bid of Tschiggfrle Excavating et
Dubuque, in the amount of $12,541.12,
was the lowest bid for the furnishing
of ail labor and materials and perform-
ing the work as provided for in the
plans and specifications.
NOW, THEREFORE. BE IT RE-
SOLVED by the City Council of the
City of Dubuque, Iowa:
That the contract for the above-
mentioned improvement be awarded
to Tschiggfrie Excavating, subject to
the concurrence of the Iowa Depart-
ment of Transportation, and the Man-
ager be and he is hereby directed to
execute a contract on behalf of the
City of Dubuque for the complete per-
formence of said work.
BE IT FURTHER RESOLVED:
That upon the signing of said con-
tract and the approval of the contrac-
tors bond, the City Treasurer is au-
thorlzed and instructed to return the
bid deposits of the unsuccessful bid-
dere.
Passed, adoPted and approved this
8th day of September, 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-
bers Brady, Farrell, Feldarman, Pratt.
Nays~None.
Proof of publication, certified to by
the Publisher, of Notice of Public
Hearing On Resolution of Necessity for
the Central Ave. at 22nd St. Traffic
Signal Improvement, presented and
read.
There were no written objections re-
ceived and no oral objectors were pre-
sent at the time set for the Hearing.
Council Member Farreli moved at
the proof of publication be received
and filed. Seconded by Council Mem-
ber Pratt. Carried by the following
vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreli, Felderman, Pratt.
Nays--None.
(Necessity for Improvement)
RESOLUTION NO. 227-81
WHEREAS, proposed plans have
been duly prepared and approved by
the City Council of the City of Dubu-
que, Iowa, and are now on file in the of-
fice of the City Clerk showing among
other things the plans, specifications
and form of contract for the improve-
ment, and an estimate of the cost for
the Central Avenue at 22nd Street
Traffic Signal Improvements.
BE IT THEREFORE RESOLVED
that the City Council deems it advis-
able and necessary for the public wel-
fare to make the herein mentioned im-
provement, and unless interested per-
sons at the time of the final considers-
tion of this proposed resolution have
filed objections with the City Clerk to
the proposed plans, specifications,
contract or estimated cost of the im-
provement, they shall be deemed to
have waived ail objections thereto.
Said improvement shah be con-
structed and done in accordance with
the plans and specifications which
have been approved by the City Coun-
cil and are now on file with the City
Clerk. That the cost and expense of
making said improvement wili be paid
from the Road Use Tax Fund and
Community Development Fund.
The above resolution was intro-
duced, approved and ordered placed on
file with tho City Clerk this 3rd day of
August, 1981.
RECORD OF FINAL ADOPTION
The foregoing Resolution was finally
~assed and adopted, as proposed by
the City Council this 8th day of Sep-
tember, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Farrell moved final
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.
388
Decision of Council Upon Objections
to Plans, Specificatlons, Form of
Contract and Cost of Improvements
RESOLUTION NO. 270-81
WHEREAS, proposed plans and
specifications and form of contract for
the Central Avenue at 22nd Street
Traffic Signal Improvements have
been approved by the City Council of
the City of Dubuque and public notice
given as provided by the Code of Iowa
pertaining to public contracts and
bonds, and the time and place fixed for
the hearing of ail objections to said
plans, specifications or contract for or
cost of such improvements, said time
being this 8th day of September, 1981;
and
WHEREAS, the City Council met in
regular adjourned session this 8th day
of September, 1981, at 7:30 p.m. at the
City Council Chambers in the City
HaH for the purpose of hearing aH in-
terested parties and considering any
and all objections which have been
filed to the proposed plans, specifics-
tions or contract for or cost of the im-
provement herein described and pro-
posed to be made; and
WHEREAS, all interested parties
have been given an opportunity to be
heard and all objections which have
been duly weighed and considered;
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of the
City of Dubuque, that all objections
which have been made and filed to the
plans, specifications, contract for or
cost of said improvement herein de-
scribed and proposed to be made, be
and the same hereby overruled and
such plans, specifications and form of
contract heretofore approved are her~-
by adopted.
BE IT FURTHER RESOLVED
that this resolution containing the de-
clsion of this City Council upon aH ob-
jections which have been filed to the
plans, specifications and form of cost
said improvement be made a matter of
permanent record in connection with
said improvement.
Passed, adopted and approved this
8th day of September, 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-
Regular Adjourned Session, September 8, 1981
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
(Ordering Construction)
RESOLUTION NO. 271-81
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBU-
QUE that pursuant to a Resolution of
Necessity No. 227-81 which was duly
passed by this Council for the Central
Avenue at 22nd Street Traffic Signal
Improvements be and the same are
hereby ordered and constructed by
this Council upon its own motion and
with or without the petition of proper-
ty owners. AH the work shah be con-
structed in accordance with the plans
and specifications heretofore adopted
and now on file in the office of the City
Clerk.
BE IT FURTHER RESOLVED
that the cost and expense of the said
improvement be paid from the Road
Use Tax Fund and Community Devel~
opment Fund.
BE IT FURTHER RESOLVED
that this resolution being deemed
urgent and of immediate necessity
shah be in force and effect from and
after its passage and adoption by the
City Council.
Passed, adopted and approved this
8th day of September, 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 fonowing vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Proof of publication, certified to by
the Publisher of Notice to Contractors
of the Receipt of Proposals for the con-
struction of Central Ave. at 22nd St.
Traffic Signal Improvements, pre-
sented and read.
Council Member Farrell moved that
the proof of publication be received
and filed. Seconded by Council Mem-
ber Pratt. Carried by the following
vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Felderman, Pratt.
Nays--None.
Communication of City Manager ad-
vising of receipt of bids for construe-
tion of Central Ave. at 22nd St. Traffic
Signal Improvement and recommend-
ing awarding contract, presented and
Regular Adjourned Session, September 8,1981
389
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-
bets Brady, Farrell, Felderman, Pratt.
Nays--None.
(Awarding Contract)
RESOLUTION NO. 272-81
WHEREAS, sealed proposals have
been submitted by contractors for the
Central Avenue at 22nd Street Traffic
Signal Improvements pursuant to
Resolution No. 228-81 and notice to
bidders published in a newspaper pub-
lished in said City on August 7, 1981;
and
WHEREAS, said sealed proposals
were opened and read on August 21,
1981, and it has been determined that
the bid of Tschiggfrie Excavating of
Dubuque, Iowa, in the amount of
$34,392.56 was the lowest bid for the
furnishing of all labor and materials
and performing the work as provided
for in the plans and specifications.
NOW, THEREFORE, BE IT
SOLVED by the City Council of the
City of Dubuque, Iowa:
That the contract for the above-
mentioned improvement be awarded
to Tschiggfrie Excavating, subject to
the concurrence of the Iowa Depart-
ment of Transportation, and the Man-
ager be and is hereby directed to exe-
cute a contract on behalf of the City of
Dubuque for the complete perfor-
mance of the 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, adopted and approved this
8th clay of September, 1981.
D. Micimel King
Mayor
ATTEST:
Mary A. Davis
City Cl~rk
Council Member Farreil moved
adoption of the Resolution. Seconded
by Council Member Pratt. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
hers Brady, Farrell, Felderman, Pratt.
Nays--None.
Proof of publication, certified to by
the Publisher, of Notice of Public
Hearing on Resolution of Necessity for
the Five Flags Theater Boiler Replace-
ment, presented and read.
There were no written objections re-
ceived and no oral objectors were pre-
sent at the time set for the Hearing.
Council Member Pratt moved that
the proof of publication be received
and filed. Seconded by Council Mem-
ber Brady. Carried by the following
vote:
Yeas--Mayor King, Council Mem-
bers Brady, FarreH, Felderman, Pratt.
Nays--None.
(Necessity for Improvement)
RESOLUTION NO. 224-81
WHEREAS, proposed plans have
been duly prepared and approved by
the City Council of the City of Dubu-
que, Iowa, and are now on file in the of-
rice of the City Clerk showing among
other things the plans, specifications
and form of contract for the improve.
ment, and an estimate of the cost for
the Five Flags Theater Boiler Replace-
ment.
BE IT THEREFORE RESOLVED
that the City Council deems it advis-
able and necessary for the public wel-
fare to make the herein mentioned im-
provement, and unless interested per-
sons at the time oI the final considera-
tion of this proposed resolution have
filed objections with the City Clerk to
the proposed plans, specifications,
contract or estimated cost of the im-
provement, they shah be deemed to
have waived all 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-
cil and are now on file with the City
Clerk. That the cost and expense of
making said improvement will be paid
from the Federal Revenue Sharing
Fund and General Fund.
The above resolution was intro-
duced, approved and ordered placed on
file with the City Clerk this 3rd day of
August, 1981.
RECORD OF FINAL ADOPTION
This Resolution was finally passed
and adopted, as proposed by the City
Council this 8th day of September,
1981.
D. Michael King
ATTEST: Mayor
Mary A. Davis
City Clerk
Council Member Pratt moved final
adoption of the Resolution. Seconded
by Council Member Brady. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bets Brady, Farrell, Felderman, Pratt.
Nays--None.
39O
Regular Adjourned Session, September 8,1981
Decision of Council Upon Objections
to Plans, Specifications, Form of
Contract and Cost of Improvements
RESOLUTION NO. 276.81
WHEREAS, proposed plans and
specifications and form of contract for
the Five Flags Theater Boiler tteplace-
ment has been approved by the City
Council of the City of Dubuque and
public notice given as provided by the
Code of Iowa pertaining to public con-
tracts to said plans, specifications or
contract for or cost of such improve-
ments, said time being this 8th day of
September, 1981; and
WHEREAS, the City Council met in
regular adjourned session this 8th day
of September, 1981, at 7:30 p.m. at the
City Council Chambers in the City
Hail for the purpose of hearing all in-
terested parties and considering any
and all objectlans which have been
filed to the proposed plans, specifica-
tions or contract for or cost of the im-
provement herein described and prc-
posed to be made; and
WHEREAS, ali interested parties
hax;e been given an opportunity to be
heard and all objections which have
been duly weighed and considered;
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of the
City of Dubuque, that all objections
which have been made and fried to the
plans, specifications, contract for or
cost of said improvement herein de-
scribed and proposed to be made, be
and the same hereby overruled and
such plans, specificatlans and form of
contract heretofore approved are here-
by adopted.
BE IT FURTHER RESOLVED
that this resolution containing the de-
cision of this City Council upon ali ob-
jectlans which have been filed to the
plans, specifications and form of cost
said improvement be made a matter of
permanent record in connection with
said improvement.
Passed, adopted and approved this
8th day of September, 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.
(Ordering Construction)
RESOLUTION NO. 274-81
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBU-
QUE that pursuant to a Resolution of
Necessity No. 224-81 which was duly
passed by this Council for the Five
Flags Theater Boiler Replacement be
and the same are hereby ordered and
constructed by this Council upon its
own motion and with or without the
petition of property owners. All the
work shall be constructed in accord-
ance with the plans and specifications
heretofore adopted and now on file in
the office of the City Clerk.
BE IT FURTHER I~]~SOLVED
that the cost and expense of the said
improvement be paid from the Federal
Revenue Sharing Fund and General
Fund.
BE IT FURTHER. RESOLVED
that this resolution~ being deemed
urgent and of immediate necessity
~hall be in force and effect from and
after its passage and adoption by the
City Council.
Passed, adopted and approved this
8th day of September, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davls
City Clerk
Council Member Pratt movied 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.
Proof of publication, certified to by
th~ Publisher, of Notice to Contractors
of the Receipt of Proposals for the
Construction of Five Flags Theater
Boiler Replacement, presented and
read.
Council Member Pratt moved that
the proof of publication be received
and filed. Seconded by Council
Member Brady. Carried by the follow-
ing vote:
Yeas--Mayar King, Council Mem-
hers Brady, Farreli, Felderman, Pratt.
Nays--None.
Communication of City Manager ad-
vising of receipt of bids for construc-
tion of Five Flags Theater Boiler Re-
placement and recommending award-
lng of contract, presented and read.
Council Member Pratt moved that
the communication be received and fil-
ed. Seconded by Council Member
Brady. Carried by the following vote:
Regular Adjourned Session, September 8, 1981
391
Yeas--Mayor King, Council Mem-
bers Brady, Farrall, Felderman, Pratt.
Nays--None.
(Awarding Contract)
RESOLUTION NO. 275-81
WHEREAS, sealed proposals have
been submitted by contractors for the
Five Flags Theater Boiler Replace-
ment, pursuant to Resolution No.
225-81 and notice to bidders published
in a newspaper published in said City
on August 7, 1981; and
WHEREAS, said sealed proposals
were opened and read on August 21,
1981, and it has been determined that
the bid of Berwanger Boiler Shop, Inc.,
of Dubuque, in the amount of
$27,243.00, was the lowest bid for the
furnishing of all labor and materials
and performing the work as provided
for in the plans and specifications.
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of the
City of Dubuque, Iowa:
That the contract for the above-men-
tioned improvement be awarded to
Berwanger Boiler Shop, Inc., 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, adopted and approved this
8th day of September, 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--Mayer King, Council Mem-
bers Brady, Farreil, Felderman, Pratt.
Nays--None.
Petition of Mr. Al Polaean request-
lng to address the Council to seek in-
formation regarding the Crescent
P~idge Sewer, presented and read.
Mr. Pdisean spoke to the petition
and questioned why he gut only $1.00
and a neighbor received $500.00 for
easement over like property.
Council Member Falderman moved
that the petition be received and filed.
Seconded by Council Member Brady.
Carried by the following vote:
Yeas--Mayor King. Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Petition of Vietnam Veterans Mem-
orial Committee requesting to discuss
with Council plans concerning a mem-
orial structure at an appropriate site in
Dubuque, presented and read.
Patrick Flynn, V.P. of the Dubuque
Vietnam Veteran's Assn., stated that
over 20 Dubuque Vets died in Vietnam
and their organization wants Council
approval for their selection of a site
and erection of a structure in memory
of these individuals,
Council Member Felderman moved
that the petition be received and filed
and referred to the City Mgr. for inves-
tigation and report. Seconded by
Council Member Pratt. Carried by the
following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Petition of Dubuque Kiwanis Club
requesting to hold their Kiwanis Kid's
Day Peanut Sale on Sept. 18, 1981 at
various street locations within the
City, presented and read.
Council Member Felderman moved
that the request be approved and re-
ferred to the City Mgr. for implemen-
tation. Seconded by Council Member
Farreil. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreli, Felderman, Pratt.
Nays--None.
Communication of City Manager
submitting Agreement providing the
City the right to construct a bridge
across the tracks of the Illinois Central
Gulf Railroad, presented and read.
Council Member Felderman moved
that the communication be received
and filed. Seconded by Council Mem-
bar Farreil. Carried by the following
vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Felderman, Pratt.
Nays--None.
RESOLUTION NO. 276-81
Resolution Authorizing Execution of
an Agreement Between the City of Du-
buque, Iowa, and the Illinois Central
Gulf Railroad Company, Relating to
the Construction of a Bridge Across
Their Tracks, Located on the North-
West Arterial.
That the attached Agreement Num-
ber Al1510, with the Illinois Central
Gulf Railroad Company be approved,
and that the Mayor and City Clerk be
and they are hereby authorized and df-
392
Regular Adjourned Session, September 8, 1981
rected to execute the Agreement for
and on behalf of the City.
Passed, adopted and approved this
8th day of September, 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-
bets Brady, Farrell, Felderman, Pratt.
Nays--None.
Proof of publication, certified to by
the Publisher, of Notice to Contractors
of the Receipt of proposals for the con-
structinn of Pretenaioned-Prestressed
Concrete Beam Bridge, presented and
read.
Council Member Felderman moved
that the proof of publication be re*
ceived 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.
Communication of City Manager ad-
vising of receipt of bids for construc-
tion of Pretensioned-Prestressed Con-
crete Beam Bridge and recommending
award, presented and read.
Council Member Felderman moved
that the communication be received
and filed. Seconded by Council Mem-
ber Pratt· Carried by the following
Yeas--Mayor King, Council Mem-
bets Brady, Farrell, Felderman, Pratt.
Nays--None.
(Awarding Contract)
RESOLUTION NO. 277-81
WHEREAS, sealed proposals have
been submitted by contractors for the
· 5' 4"
North-West Artertal, Stage I, 29 -
x 43'2", Pretensioned-Prestressed
Concrete Beam Bridge pursuant to
Resolution No. 209-81 and notice to
bidders published in a newspaper in
said City of July 9, 1981, and July
1981; and
WHEREAS, said sealed proposals
were opened and read on August 4,
1981, and it has been determined that
the bid of Lunda Construction Com-
party, of Black River Falls, Wisconsin
in the amount Of $567,873.00, was the
lowest bid for the furnishing of all
labor and materials and performing
the works as provided for in the plans
and specifications.
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of the
City of Dubuque, Iowa:
That the contract for the above men-
tioned improvement be awarded to
Lunda Construction Company, Black
River Falls, Wisconsin, and the Man-
ager be and is hereby directed to exe-
cute a contract on behalf of the City of
Dubuque for the complete perfor-
mance 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, adopted and approved this
8th day of September, 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-
bets Brady, Farreli, Felderman, Pratt.
Nays--None,
Communication of City Mgr. sub-
witting Resolution of Intent to Grant
Interstate Power Co. a perpetual ease-
ment on the North-West Arterial
right-of-way, 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, Farrell, Felderman, Pratt.
Nays--None.
RESOLUTION NO. 278-81
Resolution of Intent to Grant Inter-
state Power Company Perpetual Ease,
ments for Their Facilities on the
Alignment of the North-West Arterial,
WHEREAS, the City is currently
constructing the North-West Arterial
between Dodge Street and Pennsyl-
vania Avenue; and
WHEREAS, the grading and drain-
age contract for this segment of the
North-West Arterial was awarded on
August 17, 1981; and
WHEREAS, the contract for the
construction of the preteneioned-pre-
stressed bridge in this segment of the
North-West Arterial is being awarded
on September 8, 1981; and
Regular Adjourned Session, September 8, 1981
393
WHEREAS, it is necessary for In-
terstate Power Company to relocate
distribution and transmission facili-
ties in order not to conflict with con-
struction activities in this segment of
the North-West Arterial; and
WHEREAS, Interstate Power Com-
pany has requested the City to grant
them a Perpetual Easement on the
new alignment for their transmission
and distribution facilities in the align-
ment of the North-West Arterial; and
WHEREAS, the City of Dubuque
has not yet secured Warranty Deeds
on all of the properties that will be
eventually a part of the right of way of
the North-West Arterial in this seg-
ment; and
WHEREAS, it is in the interest of
the City to furnish Interstate Power
Company a letter of intent to grant
them a Perpetual Easement in order
not to impede construction activities
on the project.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
That it is the intent of the City to
grant Interstate Power Company a
Perpetual Easement on the align-
ments as indicated on the attached
Attachment A, after the City has se-
cured fully vested interest in the right
of way being secured for this segment
of the North-West Arterial.
Passed, adopted and approved this
8th day of September, 1981.
D. Michael King
ATTEST: Mayor
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, Farreil, Felderman, Pratt.
Nays--None.
Communication of City Manager
submitting Predesign Project Agree-
meat for the improvements on 9th St.
and Kerper Blvd. by the Iowa D.O.T.,
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, Farreil, Felderman, Pratt.
Nays--None.
RESOLUTION NO. 279-81
Predesign Pi'eject Agreement for Im-
provements on Ninth Street and Ker-
per Boulevard by Iowa Department of
Transportation.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Mayor be hereby
authorized to execute a Predesign pro-
ject Agreement for Improvements on
Ninth Street and Kerper Boulevard by
Iowa Department of Transportation,
identified as Iowa Department of
Transportation Agreement No.
80-p-006.
Passed, adopted and approved this
8th day of September, 1981.
D. Michael King
ATTEST: Mayor
Mary A. Davis
City Clerk
Council Member Pratt moved adop-
tlon of the Resolution. Seconded by
Council Member Felderman. Carried
by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farre]l, Felderman, Pratt.
Nays--None.
Communication of City Manager
submitting agreement providing for
traffic signal interconnect on Central
Ave. from 17th St. to 22nd St., pre-
sented and read.
Council Member Brady 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. 280-81
Resolution Authorizing Execution of
an Agreement Between the City of Du-
buque, Iowa, and the Iowa Depart-
ment of Transportation, Relating to
Traffic Signal Interconnectlon on Cen-
tral Avenue from 17th Street to 22nd
Street.
That the attached Agreement Num-
her 81-U-048 with the Iowa Depart-
ment of Transportation, two copies of
which are attached, be approved, and
that the Mayorand City Clerk be and
they are hereby authorized and df-
retted to execute the agreement for
and on behalf of the City Council.
Passed, adopted and approved this
8th day of September, 1981.
D. Michael King
ATTEST: Mayor
Mary A. Davis
City Clerk
394
Regular Adjourned Session, September 8, 1981
Council Member Brady moved adop-
tion of the Resolution. Seconded by
Council Member Pratt. Carried by the
fofiowing vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrefi, Felderman, Pratt.
Nays--None.
Communication of City Manager
submitting Agreement providing for
50% funding through Iowa D.O.T.'s
U-Step Program for traffic signal im-
provements at Dodge and Bryant St.
and Dodge and J.F. Kennedy Road
(Crescent Ridge), 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, Farrefi, Felderman, Pratt.
Nays--None,
RESOLUTION NO. 281-81
Resolution Authorizing the Execution
of an Agreement Between the City of
Dubuque, Iowa, and the Iowa Depart-
ment of Transportation, Relative to
Traffic Signal Improvements at
Dodge and Bryant Street, and Dodge
and J.F. Kennedy Road (Crescent
Ridge).
That the attached Agreement
Number 81-U-051, with the Iowa De-
partment of Transportation, two
copies of which are attached, be ap-
proved, and that the Mayor and the
City Clerk be and they are hereby au-
thorized and directed to execute the
agreement for and on behalf of th~
City Council.
Passed, adopted and approved this
8th day of September, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Pratt movied adop-
tion of the Resolution. Seconded by
Council Member Felderman. Carried
by the following vote:
Yeas--Mayor King, Counc'd Mem-
bors Brady, Farrell, Felderman~ Pratt.
Nays--None.
Communication of City Mgr. sub-
mitring Engineering Services for Pr~-
design of City Island Ballpark Com-
plex, presented and read.
Council Member Felderman moved
that the communication be received
and ~ed. Seconded by Council Mem-
ber Pratt. Carried by the following
vote:
Yeas--Mayor King, Council Mem-
bors Brady, Farreil, Felderman, Pratt.
Nays--None.
RESOLUTION NO. 282-81
Authorization of the City Manager to
Execute an Engineering Agreement
with Shlve, Hnttery and Associates,
Dubuque, Iowa, for Engineering Set-
vices for Predesign of City Island Ball-
park Complex.
WHEREAS, the Capital Improve-
ment Budget adopted by the City
Council for FY82-FY86, provides for
the construction of a City Island Ban-
park Complex; and
WHEREAS, there is an increasing
need for softball fields, baseball fields,
and park facilities in the City of Dubu-
que; and
WHEREAS, there is a need for a
placement for the baseball Bold of
Petrakis Park; and
WHEREAS, there is the need to
provide for replacement of the two
McAleece softball fields which are
located on land presently optloned for
sale; and
WHEREAS, the engineering firm of
Shive, Hattery and Associates, Dubu-
que, Iowa, has been interviewed and
selected by the interview connnittee
for the pre-design of the City Island
Ballpark Complex at a cost not to ex-
coed $15,000.00; and
WHEREAS, the predesign study is
to be completed by December 1, 1981,
the audio/visual and promotional
material completed by December 31,
1981, and all matters associated with
the agreement completed by March 1,
1982.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
That the City Manager be author-
izod to execute an engineering agree-
ment with Shire, Hattery and Asso-
ciates for the predesign of the City
Island Ballpark Complex to be located
on City Island at a cost not to exceed
$15,000.00.
Passed, adopted and approved this
8th day of September, 1981.
D. Michael King
Mayor ·
ATTEST:
Mary A. Davis
City Clerk
Council Member Felderman moved
adoption of the Resolution. Seconded
Regular Adjourned Session, September 8,1981
395
by Council Member Pratt. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Felderman. Pratt.
Nays--None.
Communication of City Manager
submitting Fiscal Year 1981 Street
Finance Report, presented and read.
Council Member Felderman moved
that the communication be received
and filed. Seconded by Council Mem-
bet Farreil. Carried by the following
vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
RESOLUTION NO. 283-81
Approving Official Report of Munici-
pality for Streets and Parking for Fis-
cal Year 1980.
WHEREAS, an official report of
municipality expenditures and re-
ceipts for Fiscal Year 1981, for streets
and parking facilities in the City of Du-
buque, has been duly prepared as re-
quired by Chapter 312 Road Use Tax
Account, Code of Iowa, and submitted
to this Council for approval; and
WHEREAS, this Council has exam-
ined the official report of the City of
Dubuque for its streote and parking
facilities from July 1, 1980, to June 30,
1981, wherein receipts and expendi-
tures are shown for Fiscal Year 1981,
along with a Street Bond supplement.
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of the
City of Dubuque, Iowa:
Section L That the official report of
the City of Dubuque for its streets and
parking facilities from July 1, 1980, to
June 30, 1981, be and the same is here-
by approved, and the City Clerk is
hereby authorized and directed to file
said report with the Iowa Department
of Transportation on or before Septem-
ber 10, 1981.
Passed, adopted and approved this
8th day of September, 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, Counc'd Mem-
bers Brady, Farren, Felderman, Pratt.
Nays--None.
Communication of City Manager re-
questing Mayor be authorized to sign
the FY 1982 State Operating Assis-
tance Contract, presented and read.
Council Member Felderman moved
that the communication be received
and filed and Mayor authorized to
sign. Seconded by Council Member
Pratt. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Communication o£ City Manager
submitting Annual Contribution Con-
tract for Section 8 Moderate Rehabill-
tation Program, presented and read.
Council Member Farrsil moved that
the communication be received and
filed. Seconded by Council Member
Felderman. Carried by the following
Yeas--Mayor King, Council Mem-
hers Brady, Farreil, Felderman, Pratt.
Nays--None.
RESOLUTION NO. 284-81
Resolution Authorizing Execution of
Annual Contributions Contract -- 25
Section 8 Moderate Rehabilitation
Housing Units.
WHEREAS, the City of Dubuque,
Iowa (herein called the "Local Author-
ity") proposes to enter into a revised
contract (herein called the "Annual
Contributions Contract") with the
United States of America (herein call-
ed the "Government") with respect to
any "Projects" as defined in the Annu-
al Contributions Contract and which
at any time now or hereafter is incor-
~orated under the terms of such Con-
tract.
BE IT RESOLVED BY THE LO-
CAL AUTHORITY, as follows:
Section 1, The Annual Contributions
Contract in substantially the form of
contract hereto attached and marked
"Exhibit A " is hereby approved and
accepted both as to form and sub-
stance and the mayor of Dubuque is
hereby authorized and directed to exe-
cute said contract in two copies on
behalf of the Local Authority, and the
CTty Clerk is hereby authorized and di-
rected to impress and attest the official
seal of the Local Authority on each
such counterpart and to forward said
executed counterparts, or any of them,
to the Government together with such
other documents evidencing the ap-
~roval and authorizing the execution
thereof as may be required by the Gev.
Section 2. Whenever the following
terms, or any of them, are used in this
Resolution, the same, unless the con-
396
Regular Adjourned Session, September 8, 1981
text shall indicate another or different
meaning or intent shall be construed,
and are intended to have meanings as
follows:
(1} The term "Resolution" shall mean
this Resolution.
{2) All other terms used in this Reso-
lution and which are defined in the An-
nual Contributions Contract shall have
the respective meanings ascribed
thereto in the Annual Contributions
Contract.
Section 3. This Resolution shall take
effect immediately, this eighth day of
September, 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-
bets Brady, Farrell, Felderman, Pratt.
Nays--None.
Communication of City Manager
submitting Consolidated Annual Con-
tributions Contract, Section 8 Exist-
lng Housing Program, 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 Merh-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
RESOLUTION NO. 285-81
Resolution Authorizing Execution of
Annual Contributions Contract --
Consolidated for 411 Section 8 Exist-
ing Housing Units.
WHEREAS, the City of Dubuque,
Iowa (herein called the "Local Author-
ity'') proposes to enter into a revised
contract (herein called the "Annual
Contributions Contract") with the
United States of America (herein
called the "Government") with respect
to any "Projects" as defined in the An-
nual Contributions Contract and
which at any time now or hereafter is
incorporated under the terms of such
Contract.
BE IT RESOLVED BY THE
LOCAL AUTHORITY, as follows:
Section 1. The Annual Contributions
Contract in substantially the form of
contract hereto attached and marked
"Exhibit A " is hereby approved and
accepted both as to form and sub-
stance and the mayor of Dubuque is
hereby authorized and directed to exe-
cute said contract in two copies on
behalf of the Local Authority, and the
City Clerk is hereby authorized and di-
rected to impress and attest the official
seal of the Local Authority on each
such counterpart and to forward said
executed counterparts, or any of them,
to the Government together with such
other documents evidencing the ap-
proval and authorizing the execution
thereof as may be required by the Oov-
Section 2. Whenever the following
terms, or any of them, are used in this
Resolutior~ the same, unless the con-
text shall indicate another or different
meaning or intent, shall be construed,
and are intended to have meanings as
follows:
(1) The term "Resolution" shall mean
this Resolution.
(2) All other terms used in this
Resolution and which are defined in
the Annual Contributions Contract
~hall have the respective meanings
ascribed thereto in the Annual Contri-
butions Contract.
Section 3. This Resolution shall take
effect immediately, this eighth day of
September, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Felderman moved
adoption of the Resolution. Seconded
by Council Member Farreli. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bets Brady, Farreli, Felderman, Pratt.
Nays--None.
Communication of City Manager
submitting Ordinance regulating mov-
ing and demolition of Buildings, pre-
sented and read.
Council Member Pratt moved that
the communication be received and
filed. Seconded by Council Member
Felderman. Carried by the following
Yeas--Mayor King, Council Mem-
bets Brady, Farrell, Felderman, Pratt.
Nays--None.
ORDINANCE NO. 48-81
AN ORDINANCE REGULATING
THE MOVING AND/OR DEMOLI-
TION OF BUILDINGS AND THE
USE OF PUBLIC PROPERTY DUR-
ING THE ERECTION, CONSTRUC-
TION, ALTERATION. REPAIR, RE-
Regular Adjourned Session, September 8, 1981
397
MODELING OR DEMOLITION OF
A BUILDING; PROVIDING FOR
THE INSURING OF PERSONS DO-
ING SUCH WORK; AND PROVID-
ING FOR THE PENALTIES IN VIO-
LATION THEREOF; 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-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Council Me,abet Pratt moved that
the rule requiting an Ordinance to be
presented and read 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.
(OFFICIAL PUBIACATION)
ORDINANCE NO. 48-81
AN ORDINANCE REGULATING
THE MOVING AND/OR DEMOLI-
TION OF BULDINGS, AND THE
USE OF PUBLIC PROPERTY
DURING THE ERECTION, CON-
STRUCTION, ALTERATION,
REPAIR, REMODELING OR
DEMOLITION OF A BUILDING;
PROVIDING FOR THE INSUR-
ING OF PERSONS DOING SUCH
WORK, AND PROVIDING FOR
THE PENALTIES IN VIOLATION
THEREOF.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
STATE OF IOWA; dmt tile Code Gl
Ordinances of the City Gl Dubuque be
and the same hereby amended by
addteg Article IV to Chapter 10
thereof as follows:
ARTICLE IV
BUILDING CONSTBUCTION,
DEMOLITION AND MOVING
Section 10-40: Permits Required
(a) Permit Required: Ii simll be
potation to demolisl~ a building or pot-
tion thereof; or move a building from
or public property; or use or occupy
the streets or public property lbr the
purpose of erecting, constructing,
enlarging, altering, repairing or remo-
deling a building or structure; or for
storing or using materials, machinery
or equipment in relation thereto; or for
engaging in buiMing construction, dem-
olition or related operations on adja-
cent streets or public property, within
the City of Dubuque, Iowa, unless
such person shall have obtained a per-
mit therefore from the Building Ser-
vices Division in cmnpliance with the
provisions of this Ordinance and of the
Building Code.
(b) Definitions: For the purpose of
this Ordinance the following terms,
phrases, words and their derivations
shall have the meaning given hereto.
I. BUILDING is any structure used
or intended fbr supporting or shel-
tering any use or occupancy includ-
ing all public or private garages,
barns, sheds, residential, cmmnercial,
educational, institutional or indus-
trial uses and any accessories
thereto.
Section 10-41: Application for Per-
mit
(a) Application. To obtain a permit,
the applicant shah frost file an applica-
tion therefor in writing on a form fur-
nished by the Building Services
Diviskm. Every such application slial]:
L Identify and describe fl~e work to
be covered by the permit for which
application is made.
2. Describe the land on which the
proposed work is to be done by legal
description, street address or similar
description that will readily identify
and definitely locate the proposed
work.
3. In(hcate the use or occupancy for
wt~ch the proposed work is intended.
4. Be accompanied by plans, dia-
grams, computations and specifica-
tions and other data as required in
Subsection (b) of this section.
5. Be signed by permittee, or his
authorized agent who may be
requfl'ed to submit evidence to indi
6. Be accompanied by proof of insur-
ance or required by tins Ordinance
for the type of permit desired
7. Give such other data and inlbrma-
tion as may be required by the Build
lng Official.
lb) Plans and Specifications. Plans,
other data shall be submitted in one
or more sets with each application fur
a permit. The Building Official may
and specifications to be prepared and
designed by an architect or engineer
licensed by the State of Iowa to prac-
tice as such.
EXCEPTION: The Building Official
may waive the submission of plans,
calculations, etc., if he finds that the
398
Regular Adjourned Session, September 8, 1981
nature of the work applied fbr is such
that reviewing of plans is not neces-
sary to obtain compliances with this
ordinance.
(c) Information on Plans and Speci-
fications. Plans, specifications and
diagrams shall be drawn to scale upon
substantial paper or cloth and shall be
of sufficient clarity to indicate the
location, natm'e and extent of the work
proposed and show in detail that it will
conform to the provisions of this ordi-
nance and all relevant laws, ordi-
nances, rules and regulations.
Section 10-42: Permits Issuance
(a) Issuance. Tt~e application, proof
of insurance, plans, specifications, dia-
grams and other data filed by an
applicant for permit sbafi be reviewed
by the Building Official. Suct~ plans
shall also be reviewed by other depart-
merits and divisions of the City of
Dubuque to verify compliance with
any applicable laws or requirements
under their jurisdiction. If the Building
Official finds that the work described
in an application for a permit and the
plans, specifications, diagrams and
other data filed therewith conform to
the requirements of this odinance and
other pertinent laws and ordinances,
and that the fees specified in Table
33A.01-A have been paid, he shall issue
the permit together with any special
conditions which may be attached to
and made a part of the permit.
Approved plans, specifications and
diagrams shall not be changed, modi-
fied or altered without authorization
from the Building Official, and ali
work shall be done in accordance with
the approved plans, specifications and
diagrams.
(b) Validity. The issuance or grant-
ing of a permit shall not be construed
to be a permit for, or an approval of,
any violation of any of the provisions
of this Ordinance or of the Dubuque
Building Code. No permit presuming
to give authority to violate or cancel
the provisions of such Ordinance or
Code shall be valid, except insofar as
the work or use which it authorized is
lawful.
(c) Expiration. Every permit issued
by the Building Official under the pro-
visions of this Article shall expire by
limitatlan and become null and void ff
the moving or demolition of the build-
ing or structure, or the use of the pub-
lic property, is not accomplished during
the period of time which is stated on
the penuit. Such work or use of public
property shall cease upon expiration of
the permit and shall not be recom-
mended until a new permit has been
obtained by revising or renewing the
original application and by payment of
a new fee.
Eve~:y moving permit shall be valid
only on the moving date or dates writ-
ten on the permit. In ~hose instances
wherein the moving contractor was
unable to move the building on the
specified moving date, the Building
Official is authorized to change said
moving date provided that the moving
contractor shall obtain the approval of
other City officials in the same manner
as required for the original moving
permit and further provided that a fee
of ten dollars ($10.00) for changing the
moving date has been paid to the
Building Department.
Every demolition permit shall expire
thirty (30) days from the date of issue,
unless the building is part of a demoli-
tion project which, because of its com-
plexity or proportions, will require
more time, in which instance the orig-
inal permit may be issued for the
approved term of the demolition sched-
ule. Each demolition permit may be
renewed .for successive addtionai peri-
ods of thirty (30) days provided that a
fee is paid for each renewal in the same
amount as the original demolition per-
mit fee.
Every perufit for the use of streets or
public property shall expire on the last
day for whish the permit was issued, as
described on said permit, and shall be
renewed upon the payment of an addi-
tional fee to the Buikting Department,
as provided in Table No. 33A.01-A.
Failure to renew the permit for the use
of streets or public property shall be
considered as due cause for the Build-
ing Official to order all barricades or
fences removed and the public prop-
erty returned to public availability and
(d) Suspension or Revocation.
The Buihling Official may, in writing,
suspend or revoke a permit issued
under the provisions of this Ordinance
whenever the permit is issued in error,
on the basis of incorrect hiformation
supplied, failue to comply with permit
conditions, or in violation of any ordi-
Section 10-43: Fees
(a) Permit Fees. A fee for each
moving permit, demolition permit, or
permit for the used of streets or public
property, shall be paid to the Building
Official as set forth in Table No.
33A.01-A.
Where the moving of a building, the
demolition of a building or the use of
public property for which a permit is
required by this Ordinance, is started
Regular Adjourned Session, September 8, 1981
399
prior to obtaining said permit, the fees
above specified shall be doubled, but
the payment of such double fee shall
not relieve any persons from fully com-
plying with the requirements of this
Ordinance and the Dubuque Building
Code in the execution of the work nor
from other fees or penalties.
Section 10-44: Special Provisions
(a) Transfer of Permits Prohi-
bited. Each moving permit, demolition
permit or permit for use of public prop-
erty shall not be transferable from one
building or building site to another
building or building site nor fi'om one
person to another.
(b) Moving Buildings. A building
being moved shall follow the route pre-
scribed on the permit by the City Engi-
neer. The mover shall coordinate the
route with the utility companies.
A police escort shall be required for
all buildings tnoved from one location
to another within the jurisdictional
limits of the City of Dubuque, Iowa, or
moved out of or into the jurisdictional
limits of the City of Dubuque, Iowa,
utilizing public streets or alleys or
when, in the opinion of the Chief of
Police, such escort is necessary to pro-
tect the general welfare.
The Chief of Police shall determine
the required number of personnel and
vehicles for escort service.
The fee prescribed in Table 33A.01A
shall be paid prior to issuance of a per-
mit to move a building or structure.
The permit applicant shall pay all
costs for the trimming of trees and
replacement of natural obstructions or
official signs and signals or other pub-
lic or private property required to be
removed during the movement of a
vetficle and load.
(c) Restriction on Moving Permit.
No building or structure shall be relo-
cared or moved if the building or struc-
ture is so constructed or in such
condition as to be dangerous or unsafe
or if it is infested with pests, is unfit
for human habitation or if it is so
deteriorated, dilapidated or defective
that relocation would or could create a
safety or health hazard, or cause a
blighted condition in the new neigh-
borhood.
All buildings or structures when relo-
cated wittfin the jurisdictional limits of
the City of Dubuqe shall comply with
all City of Dubuque Building, Electri-
cal, Mechanical, Plumbing, Fire,
Health and Zoning regulations as
applicable to new buildings or struc-
tures.
All moved buildings or structures
shall be completely enclosed within
thirty (30) days after said building or
structure is placed on its new site. All
required changes, improvements and
modifications shall be completed and
the building or structure made ready
for occupancy or use within one hun-
dred and twenty (120) days from the
thne the Building Permit is issued.
Demolition of Buildings. All
pieces, parts, scraps, debris, rubbish
and organic mgrerial fi'om a building,
structure, or portion of a building in
the process of being demolished shall
be cleaned up and removed from the
premises at least once weekly except
for streets and public property, wifich
shall be cleaned daily unless otherwise
specified on the permit. Final cleanup
after the building or structure is demo-
lished shall include the thorough
removal of all wood, debtis and organic
materials, filling of excavations, cis-
terns and other depressions with
acceptable rubble or earthen fill, and
spreading a tillable layer of topsoil
over the entire lot to a uniform natural
grade consistent with the established
adjacent grades.
When directed by the Building
cia1, water shall be used to mininfize
dust when demolishing structures or
under any dust producing conditions.
As ordered by the Building Official,
buildings shall be washed down fre-
quently to keep dust at a minimum.
When an interior wall is exposed
because of demolition of an adjoining
structure, said wall shall be provided
with a weather resistive barrier as
required in the Dubuque Building
Code. No such wall shall be exposed to
the weather without the written
approval of the building Official.
When a demolition project has been
abandoned or is found to be unsafe,
the building Official may order the
unsafe conditions corrected, the build-
lng boarded up and the premises bah'i-
caded. Upon failure of the owner or his
agent to comply with the order of the
Building Official within seven (7) days,
the Building Official, after notice and
opportunity for hearing, may cause
said building or structure to be demo-
llshed, the premises cleaned and suit-
able drainage grades established. The
cost of such demolition, cleaning and
grading shall be assessed to the prop-
erty as provided by law.
This Section shall also apply to any
site from which a building or structure
has been moved.
(e) Disconnecting Utility Ser-
vices. The power in all electric service
lines shall be shut off and all such lines
cut or disconnected at or outside the
moving or demolition area before work
is stared on the site. Prior to the dis-
4o0
Regular Adjourned Session, September 8, 1981
connection of such lines, the contractor
or property owner shall notify the util-
ity company and the building Official
and shall obtain their approval in com-
pliance with applicable codes and
requisements.
EXCEPTION: If it is necessary to
maintain electrical service during the
process of moving or demolition, such
service shall be temporarily relocated
or protected with substantial cover-
ing to ti~e satisfaction of the electric
service cmnpany and the Building
Official and said relocation shall be
in conformance with applicable codes
and requirements.
All gas, water, sewer and other ser-
vice lines shall be shut off and capped
or otherwise controlled at or outside of
the moving or demolition area or curb
line before moving or demolition work
is commenced. In each case, the set-
vice company and the Building Official
shall be notifed in advance and their
approval obtained by the contractor or
property owner in compliance with
applicable codes and requirements.
EXCEPTION: If it is necessary to
nmintain any water or other lines
during the moving or demolition pro-
cess, such lines shall be temporarily
relocated or protected with substan-
tial coverings to the satisfaction of
the utility companies Building Offi-
cial and in conformance with applica-
ble codes and requirements.
Section 10-45: Insurance for Mov-
ing of buildings, Demolition of
Buildings and/or Use of Streets or
Public Property
la) Insurance Required. Before a
permit may be issued for the moving
of a building, the applicant therefor
shall have filed a certificate of Com-
prehensive Public Liability Insurance
shall be provided in such form and
with such surety as is acceptable to the
Building official.
Where streets or public property are
to be occupied or the general public
endangered during the operations of
demolishing a building or structure, a
certificate of Comprehensive Public
Liability h~surance shall be provided
in such form and with such surety as
is acceptable to the Building Official.
Where streets or public proper~y are
to be used or occupied during the oper-
atlonz of erecting, constructing, enlarg-
ing, altering, repairing or remodeling a
building or structure, a certificate of
Comprehensive Liability Insurance
shall be provMed in such form and
with such surety as is acceptable to the
Building Official.
lb) Coverage. Requirements shuil be
as follows:
The contractor will indemnify and
hold harmless the City of Dubuque,
Iewa, a municipal corporation, its
elected and appointed officers,
employees and agents, including their
employees, representative agents and
subconsultants from any and all
clalins, demands, actions or causes of
action arising or resuffing directly or
indirectly from the action or work of
contractor hereunder.
Contractor shall provide the City of
Dubuque, Iowa, with certificates of
adequate insurance, with copies of
policies attached, in companies,
mounts and form of policy satisfac-
tory to the City, insuring contractor's
obligation under tiffs indemnity and
hold harmless agreement.
Contractor's Insurance: The contrac-
tor shall not commence work under
tids Ordinance until be has obtained
all insurance required under this
paragraph. Certificates of Insurance,
together with duplicates of the poli-
cies, fully executed by officers of the
Insurance company written or coun-
tersigned by an authorized Iowa
Agent, shall be filed with the Build-
ing Official for approval. The con-
tractor shall not allow an y
subcontractor to commence wm'k on
his subcontract until all similar insur-
ance required for the subcontractor
has been so obtained and approved.
The contractor shall also submit the
original insurance policies for inspec-
tion and approval of the City before
work is commenced. Said policies
shall not thereafter be cancelled, per-
mitted to expire, or materially
changed without ten (10) days writ-
ten notice in advance to the City and
commented to by the City and the pol-
icy shall so provide.
lc) Public Liability and Prop-
erty Damage Insurance: The con-
tractor shall take out and makitain
during the life of this project such
Coraprehensive Public Liability and
Property Damage insurance as shall
protect bits, the City and any sub-
contractor during the performance of
work covered by this ordinance from
claims or damages personal injury,
including accidental death, as well as
for claims for property damages,
which, may arise from operations
under this project, whether such
operations be by hhnself or by any
subcontractor, or by anyone directly
or indirectly employed by either him-
self or by any subcontractor, or by
anyone directly or indirectly
employed by either of them, or in
such a manner as to impose liability
of the City, and the amounts of such
Regular Adjourned Session, September 8, 1981
401
insurance shall be as required by law.
Such insurance shah name the City
as insured along with the contractor,
and shall hold harmless the City
against all suits and clahns arising
from or as the result of the opera-
tions of the contractor or his subcon-
tractors. The amount of coverage
shall be as follows:
Comprehensive Public Liability
Insurance, in an amount of not loss
than $500,000. For injuries, inchiding
accidental death, to any one person,
and subject to the same limit for
each person, in an amount not less
than $1,000,000 on account of one
accident and Property Damage
Insurance in an amount not less than
$300,000.
(d) Insurance Covering Special
Hazards: Special hazards as deter-
mined by the City shall b*~ covered
by rider or riders in the Comprehen-
sive Pub[ir Liability and/re' Property
Damage Insurance Policy or policies
hereto elsewhere required to be hit
nished by this contractor, or by scpa
rate policies or insurance in the
amounte as defined in the Special
Conditions of the Contract, in(inded
herewith.
(e) Automobile Insurance: The
contractor shall take out and main-
tain during fi~e lili~ of this project,
Automobile Public Liability lnsm'
ance in amounts not less than
$250.000/$500,U00. and Property
Damage Liability lnsurancein
amounts not is~s than $100,0D0. if
any motor vehicles are engaged in
operations within the terms of this
project on the site of the work to
shall cover the use of all such terms
and motor vehicles engaged in
operating within the terms of this
performed thereunder, unless such
coverage is included in the insurance
specified in Public Liability and
(f) Subcontractor's Insurance:
The contractor shall require subcom
tractors, if any, not protected under
take out and maintain insurance of
the stone nature and in the same
amounts as required of the contsac-
tot for Comprehensive Liability and
Property Damage.
Subcontractors shall also be
required to take out and maintain
Automobile Insurance in like
amounts to that required of the con-
tractor on all automobiles operated
by each subcontractor on the site of
the work,
EXCEPTION: The Building Official
tnay modify the insurance require-
ments for demolition of buildings to
the owner of a one or two family
dwelling who shall do all the work
involved in said demolitinn; provided
a Public Liabihty Insurance policy in
a gro~s amount of $250,000 for any
occurrence is provided in such tbrm
as is acceptable to the Building Offi-
cial.
Section 10-48: Special Require-
ments
Every person, firm or corporatinn
obtaining a moving or demo[itinn per-
mit or a permit for the use of streets or
public property shall, in all respects, be
bound hereby to all applicable require
ments and provisions required to be in
said Certificate of Insurance, by the
Buildhig Cede of the City of Dubuque,
402
Regular Adjourned Session, September 8, 1981
shall pay any penalties that may be
imposed during the period of any per-
mit now issued or to be issued during
the period of said bond. The Certificate
of Insurance for moving buildings shall
be for a term of one (11 year.
Section 10-49: Enforcement
The Building Official is hereby
authorized and directed to enforce all
of the provisions of this Ordinance.
Section 10-50: Severabiflty
The various sections, subsections or
parts of this Ordinance are hereby
declared to be severable, and hu the
event that any such part of provision
shal! be held invalid for any reason,
the invalidity of such section, subsec-
tion, or part shall not invalidate any
other of tbe provisions of this Ordi-
Section 10-51: Violations and Pen-
alties
It shall be unlawful for any person,
firm or corporation to move or demol-
ish any building or structure, or use
streets or public property dur'mg the
operations of erecting, constructing,
enlarging, altering, repairing, remodel-
ing or demolishing of a building or
structure, within she City of Dubuque,
Iowa, or cause the same to be done,
contrary to or in violation of any of
the provisions of this Ordinance or of
the Dubuque Enlldteg Code.
Any person, firm or corporation, vio-
lating any of the provisions of this
Ordinance shall be deemed guilty of a
misdemeanor, and each such person
shai] be deemed guilty of a separate
offense for each and every day or por-
tion thereof during which any violation
of any of the provisions of this Ordi-
nance is committed, continued, or per-
mitted, and upon conviction of any
such violation, such violator shall be
punished by a fine of not more than
one-hundred dollars ($100.001 or by
imprisonment for not more than thirty
(30) days.
Section 10-52: Effective Date
This ordinance shah be and is hereby
declared to be in full force and effect
from its date of £mal passage and pub-
licafion as provided by law.
TABLE 80A.01-A PERMIT FEES
PART (A) -- MOVING PERMIT
FEES:
ITEM FEE
Building Inspection Fee (for applica-
tion, prior to moving bnilding)$15.00
per hour with a mini-
mum charge of one-
half (1/21 hr.
Moving Permit Fee (each garage,
barn or shed; each day and fraction
thereof public property is occupied)
...................................................... $15.00
Moving Permit Fee (other buildings;
each day and fraction tbereof public
property is occupied) ................. $30.00
PART (B) -- BUILDING DEMOLI-
TION PERMIT FEES:
Inspection fee (for application, prior to
demolishing building) .. $15.00 per hour
with a minimum charge
of one-half (1/21 hr.
One or Two.Familly Dwellings:
Each one or two-family dwelling .......
$25.00
Buildings Other Than One or Two-
Family ])wellings:
Each story with less flmn one thou-
sand (1,0001 square feet of floor area
...................................................... $25.oo
Each story with one thousand (1,000)
square feet of floor area ........... $30.00
Each story with more than three
thousand (3,0001 square feet of floor
area .......................................... $35.00
NOTE: A basement or cellar in a
building other than a one or two-
family dwelling shall be counted as
a story.
EXCEPTION: The Building Offi-
cial may waive the demolition fee
to a home owner for an unsalvage-
able, worn-out building incated on
the premises on which he resides,
provided that the floor area of the
building is less than seven-hundred
twenty (720) square feet.
PART (C) -- FEES FOR PERMIT
FOR USE OF STREET OR PUBLIC
PROPERTY:
Fee for permit to barricade a public
sidewalk or other public sidewalk or
other public property normally used by
the public, when such space is needed
and used for the erection, repair, stor-
age or demolition of a building, and for
which no other rental or meter fee is
assessed:
ITEM
For each square foot of barricaded
area for each day and fraction
thereof .......................................... $ .05
Minimum Fee for each permit for use
of street or public property .....$ 5.00
PART (D) -- FEES FOR ESCORT
SERVICE:
Per parson and car$80.00per ten-hour
day or pro rated frac-
tion thereof
PASSED, APPROVED AND
ADOPTED this 8th day of September,
1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Published offic/mlly in the Telegrapk
Regular Adjourned Session, September 8, 1981
403
Herald 15th day of September, 1981.
Mary A. Davis
City Clerk
Council Member Pratt moved final
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 Ordinances pertaining to
Traffic Code Changes, 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.
ORDINANCE NO. 49-81
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING
THE CODE OF ORDINANCES,
CITY OF DUBUQUE, IOWA, BE
AMENDED BY REVISING SEC-
TION 25,43(b) OF ARTICLE III OF
CHAPTER 25 OF SAID CODE; PRO-
VIDING THAT THE DRIVER OF A
VEHICLE INVOLVED IN AN ACCI-
DENT RESULTING IN PROPERTY
DAMAGE TO AN APPARENT EX-
TENT OF FIVE HUNDRED DOL-
LARS ($50000) OR MORE BE RE-
QUIRED TO SUBMIT A WRITTEN
REPORT OF SAID ACCIDENT TO
THE OFFICE OF THE CHIEF OF
POLICE WITHIN SEVENTY-TWO
(72) HOURS, presented and read.
Council Member Faiderman moved
that the reading just had be consider-
ed the first reading of the Ordinance.
Seconded by Council Member FarrelL
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Feld~rman, Pratt.
Nays--None.
Council Member Felderman moved
that the rule requiring an Ordinance to
be presented and read 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-
bets Brady, Farrell, Felderman, Pratt.
Nays--Nena.
ORDINANCE NO. 49-81
AN ORDINANCE OF THE CITY
OF DUBUQUE, IOWA, PROVID-
ING THE CODE OF ORDI-
NANCES, CITY OF DUBUQUE,
IOWA, BE AMENDED BY REVIS-
ING SECTfON 25-43(b) OF ARTI-
CLE III OF CHAPTER 25 OF SAID
CODE; PROVIDING THAT THE
])RIVER OF A VEHICLE
INVOLVED IN AN ACCIDENT
RESULTING IN PROPERTY
DAMAGE TO AN APPARENT
EXTENT OF FIVE HUNDRED
DOLLARS ($500.00) OR MORE BE
REQUIRED TO SUBMIT A
WRITTEN REPORT OF SAIl)
ACCIDENT TO THE OFFICE OF
THE CHIEF OF POLICE WITHIN
SEVENTY-TWO (72) HOURS.
NOW THEREFORE BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That Section 25-43(b) of
Article III of Chapter 25 of the Code
of Ordinances of the City of Dubuque,
Iowa, be amended so that such section
shall read as follows:
Section 25-43(b) The driver of a
vehicle involved in an accident result-
ing in total property damage to an
apparent extent of five hundred dollars
($500.09) or more shall within seventy-
two (72) hours after such accident
forward a written report of such acci-
dent and all information in connection
therewith, as required in this section,
to the Office of the Chief of Police;
and when reported elsewhere shah not
constitute a compliance with the pro-
vision of this section.
Section 2. That all ordinances or
parts of ordinances in conflict with this
ordinance are hereby repealed and of
no further force or effect.
Passed, adopted, and approved this
8th day of September, 1981.
MAYOR D. Michael King
Attest:
Mary A. Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 14th day of
September, 1981.
Mary A. Davis
City Clerk
Council Member Felderman moved
final adoption of the Ordinance.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
404
Regular Adjourned Session, September 8, 1981
ORDINANCE NO. 50-81
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING
THE CODE OF ORDINANCES,
CITY OF DUBUQUE, IOWA, BE
AMENDED BY REVISING SEC-
TION 25-187.1(a) OF D1VISION 1 OF
ARTICLE VI OF CHAPTER 25, OF
SAID CODE; PROVIDING THAT
THE DRIVERS OF A SCHOOL BUS
IS NOT REQUIRED TO USE
FLASHING LIGHTS AND STOP
ARMS WHEN RECEIVING OR DIS-
CHARGING PUPILS AT A
SCHOOL OR OTHER EDUCATION-
AL ACTIVITY LOCATIONS, pre-
sented and read.
Council Member Felderman moved
that the reading just had be consider-
ed the lb'st reading of the Ordinance.
Seconded by Council Member FarrelL
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Council Member Felderman moved
that the rule requiring an Ordinance to
be presented and read 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, Counci! Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
ORDINANCE NO. 50-81
AN ORDINANCE OF THE CITY
OF DUBUQUE, IOWA, PROVID-
ING THE CODE OF ORDI-
NANCES, CITY OF DUBUQUE,
IOWA, BE AMENDED BY REVIS~
ING SECTION 25-187.1 (a) OF
DIVISION 1 OF ARTICLE VI OF
CHAPTER 25, OF SAID CODE:
PROVIDING THAT THE DRIV-
ERS OF A SCHOOL BUS IS NOT
REQUIRED TO USE FLASHING
LIGHTS AND STOP ARMS
WHEN RECEIVING OR DIS-
CHARGING PUPILS AT A
SCHOOL OR OTHER EDUCA-
TIONAL ACTIVITY LOCATIONS
NOW THEREFORE BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That Section 25-187.1 (a)
of Division 1 of Article VI of Chapter
25 of the Code of Ordinances of the
City of Dubuque, Iowa, be amended so
that such section shall read as fei-
Section 187.1
(a) Manner of stopping bus; duties
of bus drivers. The driver of a school
bus used to transport children to and
from a public or p~ivate school shall,
when stopping to receive or discharge
pupils, turn on flashing warning lamps
at a distance of not less than three
hundred (300) fbet nor more than five
hundred (500) feet frmn the point
where the pupils are to be received or
discharged from the bus. At the point
of receiving or discharg5ng pupils, the
driver of the bus shall bring the bus to
a stop, turn off amber flashing warning
lamps, turn on the red flashing warn-
ing lamps, and extend thc stop arm.
After receiving or dischargqng pupils,
the bus driver shall turn off all flashing
warning Imnps, retract the stop arm
and proceed on the route. Except to
the extent that reduced visibility is
caused by fog, snow, or other weather
conditions, a school bus shall not stol)
to receive or dis(barge pupils unless
there is at least three hundred (30ri
feet of unobstructed vision in each
direction. However, thc driver of a
school bus is not required to use flash-
~ng warning lamps and the stop arm
when receiving or discharging pupils a[
a designated loading an unloading zone
at a school attendance center or at
extracurricular or educational activity
locations where students exiting the
bus do not have to cross the street or
highway.
Section 2. That all ordinances or
parts of ordinances in conflict with this
ordinance are hereby repealed and of
no further three or effect,
Passed, adopted, and approved this
8th day of September, 1981.
MAYOR D. Michael King
Attest:
Mary A. Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 14th day of
September, 1981.
Mary A, Davis
City Clerk
It 9/14
f~ouncil Member Felderman moved
final adoption of the Ordinance.
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 1981-1982 Legislative
Statements and requesting adopting
after reviewing, presented and read.
Council Member Pratt moved that
the communication be received and
filed and approve said Statements.
Seconded by Council Member Felder-
man. Carried by the following vote:
Regular Adjourned Session, September 8, 1981
4O5
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
RESOLUTION NO. 286-81
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.
The Bar 1322 Central
Passed, adopted and approved this
8th day of September, 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-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
RESOLUTION NO. 287-81
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 apphcants 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 Man-
ager be authorized to cause to be is-
sued to the following named apph-
cants a Beer Permit.
CLASS "B" BEER PERMIT
Stamos P. Sfikas 926 Main
CLASS "C" BEER PERMIT
Randall's International, Inc.
3500 Dodge
(Also Sunday Sales~
Passed, adopted and approved this
8th day of September, 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-
bers Brady, Farreil, Felderman, Pratt.
Nays--None.
RESOLUTION NO. 288-81
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 Man-
ager be authorized to cause to be is-
sued to the following named appli-
cants a Liquor License.
CLASS "C" (COMMERCIAL) BEER
AND LIQUOR LICENSE
Judith P. Juergens 2327 Central
(Also Sunday Sales)
Gregory J. Adams and Jeffrey T.
Maggie 1064-1070 University
(Sunday Sales On]y)
parochetti Enterprises, Inc.
2600 Dodge
(Sunday Sales Only)
Passed, adopted and approved this
8th day of September, 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-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Request of Spatz Malones request-
ing to serve wine, beer and food out-
side their premises during Riverfest
Days Sept. 18, 19 and 20; Request
from David Wetter and Joseph
McGinnis dib/a The Bistro requesting
transfer of Liquor License to Town
Clock Plaza on Sept. 18, 19 and 20 and
thence reverting back to 951 Main St.,
presented and read.
Council Member Felderman moved
that the requests be approved.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Regular Adjourned Session, September 8, 1981
Communication from Thomas E.
Graham offering the City the chance
to buy the Stampfer Building, pre-
sented and read.
Council Member Falderman ex-
pressed appreciation though the City
is not in a position to act at this time,
and moved that the communication be
received and filed and referred to the
City Mgr. Seconded by Council Mem-
ber Pratt. Carried by the following
vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
MINUTES SUBMITTED: Airport
Comm. of 8-11; Cable TV Comm. of
8-11; Carnegie Stout Library of 8-6 and
8-25; Civil Service Comm. of 7-28;
Dock Comm. of 8-61 Housing Comm. of
8-18; Human Rights Comm. of 7-23;
Park Board of 7-10 & 7-24; Recreation
Comm. of 7-13, 8-10 & 8-31; P & Z of
8-19; Transit Bd. of 7-9 and 7-23; Zon-
ing Bal. of Adjustment of 7-16 & 8-20;
Transit Bd. submitting statement of
statistics for month of July, presented
and read.
Council Member Felderman moved
that the minutes be received and filed.
Seconded by Council Member Farreli.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
hers Brady, Farrell, Felderman, Pratt.
Nays--None.
Communication of Dubuque-In-
Future, Inc.'s President requesting
Council's consent to the appointment
of David Frommelt of Frommelt In-
dustries, Inc. to membership in
Dubuque-In-Future, presented and
Council Member Felderman moved
that the communication be received
and filed and that the request be ap-
proved. Seconded by Council Member
Farreil. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Felderman, Pratt.
Nays--None.
NOTICES OF CLAIMS: Thelma
Brooks, in unknown amount, for per-
sonal injuries; John G. Ewert, Jr. on
behalf of his daughter Sandra J.
Ewert, in amt. of $43 for personal pro-
perty loss; Robert Greinar, in amt. of
$1000 for personal injuries; Edwin
Wayne Petesch et ux, in the amt. of
$10,500.00 for condemnation of prc-
perties located in Crescent Ridge
Area; Ms. Lynn pinemer, in amt. of
$585 for backed-up sewer damages at
2110 Rbembarg Ave.; Mary Terry in
amount of $900 for car damages; pre-
sented and read.
Council Member Felderman moved
that the claims and suits 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-
bets Brady, Farreil, Felderman, Pratt.
Nays--None.
Communication of Corporation
Counsel recommending settlement of
~250 to Mrs. Leroy Birch for personal
injuries; communication of Corpora-
tion Counsel recommending settle-
ment of $1,200 to Edward J. Arendt
for personal injuries, presented and
read.
Council Member Felderman moved
that the communications be received
lnd filed and settlements approved
and Finance Director to issue proper
checks. Seconded by Council Member
Farre?. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Feldarman, Pratt.
Nays--None.
Communication of Corpor~tinn
Counsel recommending denial of per-
sonal injuries claim filed by Merlin
Oberbroeckling on behalf of Karen
Oberbroeckling, a minor, presented
and read.
Council Member Felderman moved
that the communication be received
and filed and denial approved. Second-
ed by Council Member Farreil. Carried
by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Felderman, Pratt.
Nays--None.
Communication of Corporation
Counsel submitting Consent Decree as
entered into by and between the
United States of America and City of
Dubuque in case filed in U.S. District
Court for the Northern District of
Iowa, presented and read.
Council Member Felderman moved
that the communication be received
and filed. Seconded by Council Mom-
~er FarrelL Carried by the following
vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Felderman, Pratt.
Nays--None.
Proof of publication, certified to by
the Publisher, of Notice of filing of the
Final Plat and Schedule of Assess-
ments against benefitted properties
for the construction of the City of Du-
buque 1981 Asphalt Paving Project,
presented and read.
Council Member Felderman moved
that the proof of publication be receiv-
Regular Adjourned Session, September 8, 1981
ed and filed. Seconded by Council
Member Farrell. Carried by the follow-
ing ¥ote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Felderman, Pratt.
Nays--None.
Certificate of City Clerk stating final
levy notices for City of Dubuque 1981
Asphalt Paving Project were mailed
by certified marl on August 13, 1981,
presented and read.
Council Member Felderman moved
that the certificate be received and
filed. Seconded by Council Member
Farreil. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Felderman, Pratt.
Nays--None.
Communication of Richard Leppert
being of the opinion that an alley
located near property at 3669 Hillcrest
is not being used as platted, presented
and read.
Council Member Felderman moved
that the communication be referred to
the City Manager and staff for inves-
tigation and report. Seconded by
Council Member Farreil. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Communication of Coordinator for
the Mayor's Summer Youth Employ-
ment Program submitting her final
report for the year 1981, presented and
read.
Council Member Felderman moved
that the communication be received
and filed. Seconded by Council
Member Farreil. Carried by the follow-
lng vote:
Yeas--Mayor King, Council Mem-
bets Brady, Farreil, Feldarman, Pratt.
Nays--None.
Communication of Counsel for
KDUB-TV, Inc. submitting reply to
opposition to petition for special relief
for KDUB-TV, Inc.; Communication of
Counsel for KCRG-TV submitting re-
joindar to reply to opposition to peti-
tion for special relief in the matter of
KDUB-TV Inc. and submitting a re-
quest for leave to file rejoinder in the
matter of KDUB-TV, Inc., presented
and read.
Council Member Felderman moved
that the communication be received
and filed and referred to the TV Cable
Commission. Seconded by Council
Member Fsrreil. Carried by the follow-
lng vote:
Yeas--Mayor King, Council Mem-
407
bers Brady, Farreil, Felderman, Pratt.
Nays--None.
Refunds Requested: Tbelman Leh-
man requesting $633.75 for unexpired
Liquor License; Ruth Oxbergar, $75 on
unexpired Cigarette License, pre-
sented and read.
Council Member Felderman moved
that the refunds be granted and
Finance Director to issue proper
checks. Seconded by Council Member
Farreil. Carried by the fo]lowing vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Mr. Richard Leppert spoke to the
communication relative to the alley at
3669 Hiilcrest and requested this mat-
ter be straightened out. Council as-
sured him that with the referral to the
City Manager and staff he would be
hearing from them very soon.
There being no further business,
Council Member Pratt moved to ad-
ourn. Seconded by Council Member
Felderman. Carried by the following
Yeas--Mayor King, Council Mem-
'bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Mary A. Davis
City Clerk
Approved __ 1981
Adopted 1981
Council Members
ATTEST:
City Clerk
408 Special Session, St ~tember 15, 1981
CITY COUNCIL
OFFICIAL
Special Session, September 15, 1981.
Council met at 4:30 p.m. IC.D.T.)
Present--Mayor King, Council
Members Felderman, Pratt, City Man-
ager W. Kenneth Gearhart, Corpora-
tion Counsel R. N. Russo.
Absent--Council Members Brady,
Farrell.
Mayor King read the call and stated
that service thereof had been duly
made and this Meeting is called for the
purpose to consider transfer of various
Beer Permits and Liquor Licenses on
September 18th, 19th and 20th and
acting upon such other business which
may properly come before the Council.
Petition of Dubuque Jaycees re-
questing to transfer their Class "B"
Beer Permit from 10231/2 Main St. to
Theisen's Family Stote, 2900 Dodge
St. on September 19th and 20th, pre-
sented and read.
Council Member Pratt moved that
the petltion be received and filed and
request approved. Seconded by Coun-
cji Member Felderman. Carried by the
following vote:
Yeas--Mayor King, Council Mem-
bets Felderman, Pratt.
Nays--None.
Absent--Council Members Brady,
Farrell.
Petition of Olde German Bank re-
questing to transfer Liquor License
from 342 Main St. to Town Clock
Plaza on September 18th and 19th,
presented and read.
Council Member Pratt moved that
tbe petition be received and filed and
request approved. Seconded by Coun-
cil Member Felderman. Carried by the
following vote:
Yeas--Mayor King, Council Mem-
bers Felderman, Pratt.
Nays--None.
Absent--Council Members Brady,
Farrell.
Petition of Ann Hansen d/b/a Kiban-
dI requesting to serve liquor and food
surrounding their place of business at
1630 East 16th St. on Sept. 18th and
19th, presented and read.
Council Member Pratt moved that
the petition be received and filed and
request approved. Seconded by Coun-
cil Member Falderman. Carried by the
following vote:
Yeas--Mayor King, Council Mem-
bers Felderman, Pratt.
Nays--None.
Absent--Council Members Brady,
Farreil.
There being no further business,
Council Member Pratt moved to ad-
journ. Seconded by Council Member
Felderman. Carried by the following
vote:
Yeas--Mayor King, Council Mem-
bets Felderman, Pratt.
Nays--None.
Absent--Council Members Brady,
Farrell.
Mary A. Davis
City Clerk
Approved __ 1981
Adopted 1981
Council Members
ATTEST:
City Clerk
Special Session, September 21, 1981
409
CITY COUNCIL
OFFICIAL
Special session, September 21, 1981.
Council met at 7:30 p.m. (C.D.T.)
Present--Mayor King, Council
Members Brady, Farrell, Feldernmn
Pratt, City Manager W. Kenneth
Gearhart, 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 th,
purpose to conduct a Public Hearing
determining to Proceed with the issu-
ance of $1,000,000.00 Industrial De-
velopment Revenue Bonds (Dubuque-
In-Future, Inc. Project) Series 1981, of
the City of Dubuque and acting upon
such other business which may proper-
ly come before the Council.
Proclamation: Sept. 23rd as
"Retired Senior Volunteers' Day."
Proof of publication, certified to by
the publisher, of Notice of Public Hear-
lng on the Intention to issue Industrial
Development Revenue Bonds (Dubu-
que-In-Future, Inc. Projec0 Series
1981 in a principal amount not to ex-
ceed $1,000,000.00, presented and
read.
There were no written objections re-
ceived and no oral objectors present at
the time set for the Hearing.
Council Member Pratt moved that
the proof of publication 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. 289-81
A Resolution Determining to Proceed
with the Issuance of $1,000,000 Indus-
trial Development Revenue Bonds
(Dubuque-In-Future, Inc. Project)
Series 1981, of the City of Dubuque,
Iowa.
WHEREAS, the City of Dubuque,
in Dubuque County, Iowa (the "City"),
an incorporated municipality, has
heretofore obtained a grant of
$932,000 (the "HUD Grant") from the
Department of Housing and Urban
Development ("HUD") for the acquisi-
tion of certain land located within the
corporate boundaries of the City as the
site for an industrial park known and
referred to as the Dubuque Industrial
Center (the "Industrial Park"); and
WHEREAS, the City and Dubuque-
In-Future, Inc., an Iowa non-profit
corporation (the "Corporation"), have
heretofore obtained a grant of
$1,500,000 (the "EDA Grant") from
the Economic Development Adminis-
tration, U.S. Department of Com-
merce ("EDA"), for the construction
of certain improvements constituting
a part of the Industrial Park (the HUD
Grant and the EDA Grant being here-
inafter referred to as the "Federal
Grants"); and
WHEREAS, the HUD Grant has
been heretofore used for the purpose of
acquiring said site for the Industrial
Park and no other funds of the City
have been used for such purpose, and
the EDA Grant has been or will be
used solely for such purpose, and the
EDA Grant has been or will be used
solely for the purpose for which ob-
tained; and
WHEREAS, the City is authorized
by Chapter 419 of the Code of Iowa,
1981, as amended (the "Act"), to issue
revenue bonds and lend the proceeds
to one or more contracting parties pur-
suant to a loan agreement for the put-
pose of defraying the cost of any land,
buildings or improvements, which fa-
cilities shall be in or within eight miles
of the corporate limits of the City, suit-
able for certain specified purposes in-
cludlng the use of any industry, for the
manufacturing, processing or assem-
bling of any agricultural or manufac-
tured products, or of any commercial
enterprise engaged in storing, ware-
housing or distributing products of
agriculture, mining or industry, and
which loan agreement shall provide for
the repayment of such loan by the con-
tracting party; and
WHEREAS, no portion of the In-
dustrlal Park was acquired by the City
by condenmation through eminent do-
main, and all of the land constituting
the site for the Industrial Park was
specifically acquired by the City for
the development of the Industrial
Park; and
WHEREAS, the City has heretofore
sold its interest in the Industrial Park
to the Corporation, to be used by the
Corporation for sale, lease, or sublease
to others solely and only for purposes
which are authorized by the Act and in
accordance with the terms and condi-
tions of the Federal Grants; and
WHEREAS, the Company proposes
to construct and install certain other
~mprovements not paid or to be paid
from the Federal Grants including the
grading of certain sites (the "Project"),
410
Special Session, S~
/n the Industrial Park; and
WHEREAS, the City proposes to
finance the cost of the Project through
the issuance of its Industrial Develop-
ment Revenue Bonds (Dubuque-In-
Futuro, Inc., Project) Series 1981 in an
aggregate principal amount of not to
exceed $1,000,000 (the "Bonds") and
to loan the proceeds thereof to the
Company pursuant to a Loan Agree-
merit between the City and the Cot-
peration {the "Loan Agreement"); and
WHEREAS, the Corporation will be
the contracting party to the Loan
Agreement within the meaning of the
Act, and the Loan Agreement will pro-
vlde for the repayment by the Corpor-
ation of the loan of the proceeds of the
Bonds; and
WHEREAS, it is deemed necessary
and advisable for the promotion of the
general health and welfare of the in-
habitants of the City, that the Project
be constructed and installed as afore-
said, and that the City take such ac-
tion as may be required under appli.
cable statutory provisions to author-
ize and issue the Bonds to finance the
cost of the project; and
WHEREAS, notice of intention to
issue the Bonds has been published
and this Council has conducted a pub-
he hearing pursuant to such published
notice, all as required by the Act, and
has determined and does hereby deter-
mine that it is necessary and advisable
to proceed with the financing of the
Project;
NOW, THEREFORE, Be It R~
solved by the City Council of the City
of Dubuque, Iowa, as follows:
Section 1. That at the public hearing
conducted by this City Couneil pursu-
ant to published notice all local resi-
dents who appeared were given the op-
portunity to express their views for or
against the proposal to issue the
Bonds.
Section 2. That this City Council
deems it necessary and advisable, and
hereby determines, to proceed with the
Project, the issuance of the Bonds in
the principal amount of not to exceed
$1, ~0,000, and the loan of the proceeds
of the Bonds to the Corporation, all
upon terms and conditions mutually
satisfactory to the City and the Cop
poratiorr
Section 3. That all resolutions or
parts thereof in conflict herewith be
and the same are hereby repealed, and
this r~solution shall be effective fortl~
~tember 21, 1981
with upon its passage and approval
Passed and approved September 21.
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, Farreil, Felderman, Pratt.
Nays--None.
Communication of P & Z Commis-
sion submitting Ordinance to allow
churches as a principal permitted use
in all Commercial and Light Industrial
Districts and to establish off-street
parking requirements for this use as
requested by the Apostolic Christian
Church, presented and read.
Council Member Felderman moved
that the communication be received
and filed. Seconded by Council Mem-
bet Farrell. Carried by the following
vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Felderman, Pratt.
Nays--Nona.
An Ordinance of the City of Dubu-
que, Iowa, Providing that the Code of
Ordinances, City of Dubuque, Iowa, be
Amended by Revising Appendix A
thereof, also known as the "Zoning Or~
dinance and Zoning Map of the City of
Dubuque, Iowa" by Enacting new Sec-
Lions 4-112.2, 10); 4-113.2, 12); 4-114.2,
18); 4-115.2, 8); 4-116.2, 12); 4-117.2, 7);
4-122.2 6)a; AND 4-119.2, 4) of Article
IV Thereof to Include Churches as a
Principal Permitted Use in C-1
Through C-7 Commercial Districts and
L-I Light InduStrial Districts and by
Enacting a New Section 5-104.4, 10, of
Article V thereof to establish off-street
parking space requirements for
churches in commercial and industrial
districts, presented and read.
Council Member Felderman moved
that the reading just had be consider-
ed the first reading of the Ordinance.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Council Member Felderman moved
that the nde requiring an Ordinance to
be presented and read at two meetings
prior to the meeting when final action
is taken, be dispensed with. Seconded
by Council Member Farrell. Carried by
Special Session, September 21, 1981
411
the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Council Member Felderman moved
that a Public Hearing be held on the
Ordinance on October 19, 1981 at 7:30
p.m. in the Council Chamber at the
City Hall and that the City Clerk be in-
structed to publish notice of the Hear-
lng in the manner prescribed by law.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Communication of Chairman of
Human Rights Commission request-
lng to report its case load statistics
and to discuss the impact their back-
log has on complainants and respon-
dents, presented and read.
Council Member Pratt moved to sus-
pend the rules to let anyone present
address the Council if they so desire.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Felderman, Pratt.
Nays--None.
Nancy Wallace, member of the
Human Rights Commission, stated
that with the cut of the Human Rights
Investigator position, that the present
staff is unable to uphold the Human
Rights Ordinance as fully as it should
be.
Rev. James Ray, member of the
Human Rights Commission, set out a
detailed chart of the requests for
Human Rights assistance the last four
months and the breakdown of staff's
time, showing an increased backlog in
that department that shows no allevi-
ation without additional staff.
Council Member Farrell moved to re-
ceive and file the communication of the
Human Rights Commission and in-
clude in data for the budget process
for the coming year. Seconded by
Council Member Felderman. Carried
by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Felderman, Pratt.
Nays--None.
Communication of Dubuque Federu-
tion of Labor going on record as sup-
porting Human Rights Commission
and requesting proper funding and
Staff be made appropriate to the
Human Rights Commission on the
local level. Seconded by Council Mem-
ber Falderman. Carried by the follow-
lng vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreli, Felderman, Pratt.
Nays--None.
Petition of Ronald J. Mueller re-
questing to address Council concern-
ing the issuance of an Electrical Li-
cense for Contractors, presented and
read.
Council Member Pratt moved that
the petition be received and filed and
referred to the Mgr. for possible Hear-
ing to be held on October 5, 1981.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Communication of Attorney Leo Mc-
Carthy, on behalf of Kivlahan & Sons
Construction Inc. requesting amend-
ment to Resohition No. 28-81 and
amendment to Industrial Develop-
ment Revenue Bond on the Walnut
Grove Project due to reduction of term
on the loan, presented and read.
Counc'd 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, Farrell, Felderman, Pratt.
Nays--None.
RESOLUTION NO. 290-81
Resolution Authorlzing Amendment
to Resolution No. 28-81 and the Indus-
trial Development Revenue Bond,
Series 1981 (Walnut Grove Project) in
the Principal Sum of $430,000.00 and
the Loan Agreement with Kivhihan &
Sons Construction, Inc.
WHEREAS, the City of Dubuque,
Iowa, a municipal corporutlon in the
State of Iowa, (the "Issuer") approved
Resolution No. 28-81 on February 2,
1981, which author/zed the issuance
and sale of Industrial Development
Revenue Bond, Series 1981 (Walnut
Grove Project) in the principal amount
of $430,000.00 and the execution and
delivery of a loan agreement with Kiv-
laben & Sons Construction, Inc.
WHEREAS, the Issuer entered into
the loan agreement and issued and
sold the above-identified Industrial
Development Revenue Bond, Series
1981 (Walnut Grove Project) in the
sum of $430,000.00 to Dubuque Say-
ings & Loan Association (the
"Lender"), pursuant to a bond pur-
chase agreement dated February 2,
1981 and the Lender is now the owner
of such Industrial Development Reve.
412 Special Session, Se ,tember 21, 1981
hue Bond.
WHEREAS, the terms of said bond
require 240 equal monthly install-
ments of $4,293.03, commencing April
1, 1981, and on or before the 1st day of
each month thereafter, to and includ-
ing March 1, 2001;
WHEREAS, the Lender and Kivla-
hah & Sons Construction, Inc. (the
"Company" have agreed to reduce the
term of payment of said Industrial De-
velopment Revenue Bond and have re-
quested the Issuer to approve an
Amended Industrial Development
Revenue Bond and the amended terms
of payment, which the Issuer is willing
to consent to;
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of the
City of Dubuque, Iowa, as follows:
The terms of Resolution No. 28-81
and the Industrial Development Reve-
nue Bond, Series 1981, (Walnut Grove
Project) is amended by changing the
terms of payment to show that month-
ly payments shall be made in the sum
of $4,723.38 for principal and interest
commencing with the September 1,
1981 payment and $4,723.38 principal
and interest on the first day of each
and every month thereafter, with pay-
ment in full on or before August 31,
1996; and further, the Amended Bond,
in the form attached is hereby ap-
proved with the Mayor and the City
Clerk having authority to execute
same in behalf of Issuer.
In an other respects Resolution No.
28-81 of the City of Dubuque, Iowa,
dated February 2, 1981 and the Indus-
trial Development Revenue Bond,
Series 1981 (Walnut Grove Project)
No. R-1 in the sum of $430,000.00 shall
remain in full force and effect and the
City of Dubuque, Iowa, reaffirms all
other provisions of said Resolution
and Industrial Development Revenue
Bond and promises to pay said indebt-
edness as herein stated and to perform
all of the obligations of said Industrial
Development Revenue Bond as herein
revised.
Passed, adopted and approved this
21st day of September, 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.
Communication of City Mgr.
submitting an Ordinance establishing
two separate cable commissions and a
schedule of rates for services and other
charges and requesting Council ap-
proval of a new staff position to ad-
minister the Cable Franchise, pre-
sented and read.
Dan Delaney, Mgr. of Teleprompter,
stressed that the new staff member is
necessary to provide consultation for
purchase of the necessary new equip-
ment. Following Council discussion,
Council Member Pratt moved to re-
ceive and file the communication and
authorize the position. Seconded by
Council Member Farrell. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
ORDINANCE NO. 51-81
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE BY REPEAL-
ING ARTICLE V OF CHAPTER 36
COMPRISED OF SECTION 36-171
THROUGH SECTION 36-186
THEREOF AND ENACTING A
NEW ARTICLE V OF CHAPTER 36
COMPRISED OF SECTION 36-171
THROUGH SECTION 36.184 IN
LIEU THEREOF CREATING A
COMMUNITY TELE-PKOGRAM-
MING COMMISSION AND A
CABLE REGULATORY COMMIS-
SION, ESTABLISHING RATES AS
PROVIDED FOR IN ORDINANCE
NO. 42-81 AND REPEALING OR-
DINANCES NO. 8-77, NO. 58-79 AND
NO. 84~79, 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 Farreli. Carried
by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Council Member Pratt moved that
the rule requiring an Ordinance to be
presented and read 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-
bets Brady, Farrell, Felderman, Pratt.
Nays--None.
Special Session
ORDINANCE NO. 51-81
AN ORDINANCE AMENDING
THE CODE OF ORDINANCES OF
THECITYOFDUBUQUED BY
REPEALING ARTICLE V OF
CHAPTER 36 COMPRISEH OF
SECTION 36-171 THROUGH SEC-
TION 36-186 THEREOF AND
ENACTING A NEW ARTICLE V
OF CHAPTER 36 COMPRISED OF
SECTION 36-171 THROUGIt SEC-
TION 36-184 IN LIEU THEREOF
CREATING A COMMUNITY
TELE-PROGRAMMING COMMIS-
SION AND A CABLE REGULA-
TORY COMMISSION,
ESTABLISHING RATES AS PRO-
VIDED FOR IN ORi)INANCE NO.
42-81 AND REPEALING ORDI-
NANCES NO. 8-77, NO. 38-79, AND
NO. 84-79.
WHEREAS, the City Council under
date of July 29, 1981, adopted Ordi-
nance No. 42-81 granting a non-exclu-
sive, revocable franchise to
Teleprompter Corporation of New
York for the operation of a cable ser-
vices delivery system in the City of
Dubuque; and
WHEREAS, pursuant to Section
364.2 of the Code of Iowa, Ordinance
No. 42-81 was approved by the elector-
ate of the City of Dubuque, Iowai at
an election held September 8, 1981;
and
WHEREAS, the terms, conditions
and provisions of Ordinance No. 42-81
have been accepted by Teleprompter
Corporation of New York; and
WHEREAS, in order to implement
thc City's contractual requirements
embodied in Ordinance No. 42-81, it is
necessary to establish a Community
Tele-Programming Commission and a
Cable Regulatory Cmmnission and to
establish rates for cable services and
charges;
NOW THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Code of Ordi-
nances of the City of Dubuque be
amended by repealing Article V of
Chapter 36 comprised of Section 36-171
through Section 36-186 and enacting a
new Article V of Chapter 36 comprised
of Section 86-171 through Section 36-
184 in lieu thereof as kdlows:
CHAPTER 36
ARTICLE V. CABLE TELEVISION
DIVISION 1. COMMUNITY
TELEPROGRAMMING
COMMISSION
Section 36-171. Intent
The City Coundl desires to assure that
September 21, 1981 413
the cable channels, equiplnent and
resources dedicated and reserved for
community programming shall be used
effectively, efficiently and economic-
ally to afford subcommunities and
individuals el Dubuque the opportu-
nity to express opinions and pmvkle
information to cable users, and that
such programnfing shall be character-
ized by appropriateness, quality and
continuity.
Section 36-172. Commission: Pur-
poses and Duties
A. The City Council hereby establishes
sion, and which shall continue to exist
at the pleasure of the Council
B. The commission shall have the fei
lowing purpo~s and duties:
1. To develop, in respect to comnm-
nity programming, policies which
shall govern
a. the use and protection of equip-
ment and facilities,
h. the availabigty and use of tech-
nical a~istance,
c. all training programs,
d. the priorities and scheduling for
use of channel time, and
e. fund raising and sponsorship
2. To develop, in respect to the pub-
tic community programming channel,
policies and procedures which shall
a. promote its non-discriminatory,
first-come first-stowed and equita-
ble use,
b. assure its use in conformity with
all applicable regulations and
requirements, and
c. limit its use to residents of
Dubuque and their own produc-
tions;
3. To encourage interest in and
development of decidedly local com-
munity progrmmning;
4. To encourage cooperation between
community proga'amming users and the
local cable ~nanager and his staff;
5. To encourage, and as appropriate,,
assist and participate in community
programming productions and train-
ing;
6. To identify and support o~ganiza-
and religious programming;
7. To advise the City Manager of thc
duties, qualifications, selection and
evaluation of the Cable Franchise
Administrator;
8. Ti) advise the Cable Francbise
Administrator on all malters relating
414 Special Session, September 21, 1981
9. To advise the Cable Franchise
Administrator and the local cable
manager on purchase, location, use,
repair, and replacement of equipment
and facilities for community program-
ming;
10. To promulgate and administer
through the Cable Franchise Adminis-
trator all policies, rules and procedures
relating to community programming;
1L To evaluate its own proceedings
and actions and all uses of community
programming;
12. To prepare and submit to the
City Council an annual report
a. on the progress throughout the
year of the uses of the community
programming channels,
b. on the succes.qes and failures of
community programming and
commission activities, and
c. with any recommendations for
the future of community program-
ming in Dubuque.
Section 36-173. Membership; Terms;
Officers
A. The commission shall consist of
nine (9) members appointed by the
City Council. In its appointments, the
Council shall endeaw)r to achieve a
broad representation of the subcom-
munities and public interests which
can take advantage of dedicated chan-
nels to benefit the residents of
Dubuque. The Council shall appoint
only residents of the City and shall
give preference to applicants who are
actively interested in promoting com-
munity cable programming who pos-
sess, or are willing to acquire, video
production background, and who will
relate to the spectrum of informational
and cultural needs of cable viewers of
Dubuque.
The Cable Franchise Administrator
and any one who is an owner, share-
holder, employee or agent of the fran-
chise holder shall be ineligible to serve
as a member of the commission. The
membership may include a maxbnum
of two (2) government officers and
employees.
Members of the commission who rep-
resent subcommunltiss utilizing dedi-
cated channels shall not be deemed to
have a conflict of interest in the-use of
the equipment and facilities provided
for that purpose solely because of theft
membership on the commission.
B. The term of each member shall be
for three (3) years, with three such
terms expiring each June, except those
of the initial appointees only, three
appointments shall have one-year
terms and three appointments shall
have two-year terms. If a vacancy
occurs before the expiration of a term,
the appointment shall be for the unex-
pired portion of that term, If the
Council fails to make an appointment
upon the expiration of a term, thc
incumbent shall continue to serve until
an appointment shall be made. If any
member fails to attend at least two-
thirds (2/3) of the regularly scheduled
commission meetings within a twelve
(12) month period, the commission
may request the Council to declare
that member's seat vacant. Attendance
of all members shall be entered in the
minutes.
C. Annually the members shall elect
from among themselves a presiding
officer and a secretary those offices
shall expire the next June. The City's
Cable Franchise Administrator shall be
adviser to the commim~ion.
Section 36-174. Meetings; Proce-
dures
^. The members shall meet as needed
to conduct the business of the commis-
sion, but not less frequently than once
each calendar quarter. A quorum of
five members shall be required for
members to conduct the business of
the comnfis~lon. All meetings and pro-
ceedings of the commission shall con-
form with applicable open meeting
requirements.
B. The commission shall file with the
City Council a copy of the nfinutes of
each regular and special meeting
within ten (10) days after such meet-
ing.
C. All administrative, personnel,
accounting, budgetary, and procure-
ment policies of the City shall govern
the commission in all of its opera-
DIVISION 2.
CABLE REGULATORY
COMMISSION
Section 36-175. Intent
The City Co*mcil desires to assure full
compliance with its cable franchise,
that the franchise be interpreted and
applied to the benefit of the City and
its residents, that quality and updated
services be delivered throughout the
City, and that the public interest be
protected in all matters related to the
cable services delivery system.
Section 36-176. Commission; Pur-
poses and Duties
A. The City Council hereby establishes
a commission to be known as the
Cable Regulatory Commission, and
which shall exist throughout the term
of the cable franchise,
B. The CommisElon shall have the fol-
lowing purposes and duties:
1. To keep ahi~ast of developments
in cable technologies, services and pro-
Special Session, September 21,1981
415
gramming;
2. To become competent in cable
regulation, finances and standards of
operation;
3. To act through the Cable Fran-
ctfise Administrator as the local regula-
tory agent of the cable franchise;
4. To develop policies for the day-to-
day regulation and administration of
the cable franchise;
5. To encourage cordial relations
between cable subscribers and the local
cable manager and his staff;
6. To develop policies for handling
and resolving subscriber complaints
which could not be resolved satisfacto-
rily by the cable manager;
7. To monitor the operation of the
cable system;
8. To counsel the City Council
regarding rates and possible revocation
procedures;
9. To advise the City Council on any
matter relating to the cable franchise
or system;
10. To consult with the Cable Fran-
chise Administrator and the local cable
manager on the best updating of the
cable system, services and program-
ming, and to advise the City Council
on expending the updating funds;
11. To advise the City Manager on
the duties, qualification, selection, and
evaluation of the Cable Franchise
Administrator;
12. To advise the Cable Franchise
Administrator in all matters relating
to the regulation of the cable system
including the cable budget;
13. To evaluate its own proceedings
and actions and all cable related acti-
14. To submit an annual report to
the City Council regarding:
a. the state of cable regulation,
b. the state of cable services and
technologies, and
c. any recommendations it may
have for the future of cable in
Dubuque.
Section 36-17Z Membership; Terms;
Officers
A. The commission shall consist of five
(5) members appointed by the City
Council. In its appointments the Court-
cfi shall endeavor to develop a com-
mision versed and competent in
telecommunication administration,
finances and regulation. The Council
shall appoint only residents of the City
and shall attempt to give preference to
applicants who possess professional or
experiential backgrounds in law,
finances, administration, public rela-
tions, or telecommunication technolo-
gies. The Cable Franchise
Administrator and anyone who is an
owner, shareholder, employee, or agent
of the City's cable frachise holder shall
be ineligible to se~we as a member of
the commission.
B. The term for each member shall be
three (3) years with terms expiring
each June, except those of the initial
appointees only, one appohitment shall
have a one (1) year term and two
appointments shall have two (2) year
terms. If a vacancy occurs before the
expiration of a term, the appointment
shall be for the unexph'ed portion of
that term. If the Council fails to make
an appointment upon the expiration of
a term, the incumbent shall continue
to serve until an appointment shall be
made. If any members fails to attend
at least two-thirds (2/3) of the regu-
larly scheduled commission meetings in
a twelve (12) month period, the com-
mission may request the Council to
declare that member's seat vacant.
Attendance of all members shall be
entered in the minutes.
C. In odd numbered years, the mem-
bers shall elect a presiding officer from
among themselves and an official sec-
retary. The City's Cable Franchise
Admhiistrator shall be adviser to the
commission and City stMf shall per-
form secretarial and administrative
duties for the commission as requested
by the Commission.
Section 36-178. Meetings; Proce-
dures
A. The members shall meet as needed
to conduct the business of the commis-
sion, but not less frequently than once
each calendar quarter. A quorum of
three (3) members shah be required for
members to conduct their business. All
meethigs and proceedings of the com-
rhission shall conform with applicable
open meetings requirements.
B. The commission shall file with the
City Council a copy of the minutes of
each regular and special meeting
witlfin ten (10) days after such meet-
lng.
C. All administrative, personnel,
accounting, budgetary, and procure-
ment policies of the City shall govern
the commission in all of its opera-
tions.
DIVISION 3. RATES
Section 36-179. Authority
The rates prescribed herein are estab-
lished pursuant to the provisions of
Ordinance No. 42-81 (Cable Services
Delivery System Franchise Ordinance)
approved by the electorate of the City
of Dubuque on September 8, 1981.
Section 36-180. Definitions
A. BASIC SUBSCRIBER SERVICES
means the aggregate of the following:
1. The retransmission of all broad-
416 Special Session, Se ~tember 21, 1981
cast television signals viewed off the
air within the City as provided for in
Ordinance No. 42-81,
2. ~rhe retransmission of m~y distant
broadcast television signal provided for
in Ordinance No, 42-81,
3. The transniission of all commu-
nity programnring, local originatinn
and leased channels,
4. The retransmission of cultural-
educational television signals as pro-
vided for in Ordinance No. 42-81,
5. The transmission of syndicated
and satellite programmlag as provided
for in Ordinance No, 42-81,
6. Thc retransmissinn of a full spec-
trum of FM radio signals as provided
for in Ordinance No. 42-81.
7. The transmission of digdtal signals
as provided for in Ordinance No. 42-81,
and
8. Any other programming or ser-
vices provided for herein or agreed
upon by the City and Cable Operator.
B. CONNECTION or RECONNEC-
TION means the aggregate of and
nothing less than the following:
1. prior notice to the subscriber in
clear and understandable language of
all available, applicable connection,
reconnection and cost options,
2. the Cable Operator's internal busi-
ness procedures relating to all the sub-
scriber's accounts,
3. the activation of drop cable(s)
already installed to the subscriber's
premises, for all services being sub-
seribad to, and
4. the delivery and attachment by
the Cable Operator of the appropriate
subscriber equipment.
C. INSTALLATION, SUBSCRIBER
tneans the aggregate of the following:
1. Prior notice to the subscriber in
clear and understandable language of
all available, applicable installation,
connection and reeonnectinn and cost
options,
2. The laying or hanging of drop(s)
fronI the feeder cable to the sub-
scriber's promises for all services being
subscribed to,
3. The installation and attachment
of outlets within the subscriber's prem-
ises with up to twenty feet (20') of
extension cable from each outlet, and
4. Connection.
The maintenance, repair or updating
of any of the equipment referred to in
this suhsection shall not constitute
installation.
D. PAY TELEVISION SERVICE
means the delivery to subscribers will-
ing to receive and pay for sneh, over
the cable services delivery system, of
television signals at a separate rate of
a par view, per channel, per tier, or
other subscription basis.
E. RATE means the charge to a sub-
sctiher for a service available on the
cable services delivery system, includ-
ing all charges of whatever nature
related to such a service, whether a
deposit, installation, delivery, equip-
ment related, interest, disconnect, pen-
alty, repair, maintenance or other
charge.
F. REGULATORY AGENT, LOCAL
means the official, employee, board,
bination thereof, authorized by the
City herein or hereafter to act for the
City entrusted with the power,
authority and responsibility to inter-
pret the terms of Ordhiance No. 42-81
and applicability, to govern, control,
promote, protect, foster, prohibit,
restrain, limit, admonish the Cable
Operator, to protect the interests of
the pub[ic and the City, and to adopt
measures related thereto.
G. SUBSCRIBER means any person,
corporation, or entity who agrees to
receive a service provided by the Cable
Operator by means of or in connection
with the cable services delivery sys-
tem.
H. SUBSCRIBER, COMMERCIAL
means a subscriber who agrees to
receive a cable service in a place of
business, where the service may be
used in connection with a business,
trade or profession.
I. SUBSCRIBER, EDUCATIONAL
means a subscriber who agrees to
receive a cable service in a public
school, non-public school or college for
use consistent with the educational
mission of the lastitution, but exclud-
ing service to residential quarters.
J. SUBSCRIBER, INSTITUTIONAL
nieans a subscriber who agrees to
receive a cable sea, ice in a facility with
multiple residential quarters, who
receives a single periodic statement
from the grantee and who, in turn,
may charge individual residents or
users for the cable services in their
individual areas.
K. SUBSCRIBER, RESIDENTIAL,
MULTIPLE means a subscriber who
agrees to receive a cable service in a
dwelling unit which shares a common
roof and wall with another dwelling
unit.
L. SUBSCRIBER, RESIDENTIAL,
SINGLE means a subscriber who
agrees to receive a cable service in an
individual dwelling unit standing alone
aad designed for a single family.
Section 36-181. Subscriber Pay-
A. Unless otherwise expressed]y
approved by the local regulatory agent
Special Session, September 21, 1981
417
aider a public heating, every cable deli-
vered seIMce shall be billed using the
calendar two months as tbe chargeable
period. The subscriber's account shal
be due and payable on the last day
of the chargeable period. The sub-
scriber shali have at least ten (10) days
after ti~e end of the chargeable period
or the receipt of his current statement,
wtfichever is later, in which to pay
account without penalty.
B. Basic and pay television snbscrib-
ers shall be offered an annual rate
which shall be eleven (11) trims the
monthly rate for twelve (12) months of
C. The Cable Company may require an
advance paynient for an installation,
connection or reconnectinn charge, but
no earlier than twenty (20) days before
the scheduled service. If a scheduled
service for which an advance payment
was due and timely paid, is delayed,
the advance payment shall be dis-
counted one percent (1%) for each
fourteen (14) days, or part thereof, the
scheduled seIwice is delayed. A deposit
equivalent to one (1) month's service
rate may be charged only for a sub-
scriber seeking cable service for the
first time in this system, or for a sub-
scriber who has been disconnected for
nonpayment. The deposit shall be
applied to the third (3rd) niontifs bill-
D. Every statenient, in clear and
understandable language, citing the
actual dollar amounts applicable, shall
inform the subscriber of any possible
delinquent charge or available dis-
count.
Section 36-182. Refunds for Cancel-
lations
A. If any subscriber cancels any
monthly service during the first twelve
(12) months of said service because of
the failure of the Cable Company to
render the service in accordance with
the stm~dards set forth in this franchise
m~linance or advertised by the Cable
Company, on application of the sub-
scriber and, if requested, approval of
the local regulatery agent, the Cable
Company shall refund to the sub-
scriber an amount equal to the instal-
lation, connection or reconnection
charge paid by the subscriber multi-
plied by the fraction of the twelve (12)
month period for which the subscriber
will not be receiving service. A simihir
portion of any advance payment
be refunded.
B, If a subscriber cancels, for pemonal
reasons, any monthly service prior to
the end of a prepaid period, a prorata
portion of the prepaid selMce, using
the number of days as a basis, shall be
refunded to the subscriber by the
lng or refunded earlier. Cable Company.
Seclson. 36-183 Monthly Subscmber Rates and Charges
MONTHLy RATE
OPERATOR SUBSCRIBER
INSTALLA~ON OWNED OWNED
CHARGE CONVERT~R CONVERTER
A. Single Residential
Unit Basic Service $15.00 $7.25 $7.25
B. Multiple Dwelling
Unit (Per Unit Billing)
Basic Service $15.00 $7.25 $7.25
C. Institutional
Dwelling (Hospitals,
Health Care Centers.
Statement niust go to a
single billing address and
for no less than 6 units Time and
per building) Materials $4.76 $2.80
Rate is for one outlet and one non-addressable converter in each
room, suite or common area for residente. No other basic service or
rate shall be available to the institution except for the rate estab-
lished for educational or public building usage.
D. Institutional
Dwelling (Hotets,
motels, dormitories.
Statement must go to a
single billing address and
for no less than 6 units Time and
per building) Materials $5.75 $2.95
Rate is for one outlet and one non-addressable converter in each
room, suite or common m'ea for residents. No other basic service or
rate shall be available to the institution except for the rate estab-
lished for educational or public building usage.
418
Special Session, September 21, 1981
E. Institutional
Dwelling
(Condominiums,
apartments. Statement
must go to a single
billing address and for
no less than 6 units per Time and
building) Materials $6.75 $6.75
Each condominium or apartment to receive two outlets and one non-
addressable converter.
F, Senior Citizen Rate
(Subscribers must
provide proof that they
are over 65 years of age
and head of household)
Basic Service $15.00 $6.47 $6.47
G. Contract Rate
(Available only to
subscribers who have a
valid life-tlme contract)
BoKlc Service $15.00 $5.75 $5.75
H. Educational And
Public Building Unit Time and
Basic Service Materials No Charge No Charge
I. Commercial Unit
Radio and TV Sales and Time and Contract to be approved by
Service Area-per outlet Materials Local Regulatory Agent
All Others Time and
Basic Service Materials $7.25 $7.25
J. Rate for Basic Service includes two outlets and one non-addressa-
hie converter.
K. Additional Outlet
Basic service includes two outlets; if one is not already installed,
$25.00 installation will be charged. Additional outlets will be charged
at the rate of $1.50 per month per outlet.
L. Converter Service
Basic service includes one non-addressable converter; each addition-
al non-addressable converter will be charged at the rate of $3.00
each.
Non-addressabie converter included in basic service replaced with an
addressable converter, the charge is $2.00 per month, For each addi-
tional addressable converter, the charge is $4.00 per month.
M. Connection charge (computer billing)
Surviving spouse or name change by operation
of law
All Others
N. Reconnection Charge (Includes all services
disconnected)
O. Colisction Charge (Includes at-residence
collection after notice to subscriber of U~me).
P. Remote control option with converter
q. Additional outlet
R. Prewirlng maximum charge
S. Antenna switching equipment installation
T. Bad or returned check charge
U. Fire or Burglar Alarm Service Wiring and
Supplies
MonthIy Rate
V. Interactive Service
Installation
Equipment Cost
Monthly Rate
W. Pay Television Service
Showtime
Home Box Office
Cinemax
No Charge
$5.0O
$15.00
$5.00
$1.00permonth
$1.50 per month
Time and Materiais
$15.00
$5.00
Time and Materia~
$14.95
$15.00
$3.00
$5.00
Installation Charge Monthly Rate
$t5.00 $9.95
$15.00 $9.95
$15.00 $9.95
Special Session, September 21,1981
Home Theater Network $15.00 $4.95
Second and third pay services shall be discounted $2.00 each. Dis-
count does not apply to Home Theater Network.
X. Monthly charge for pay television service on
additional outlet. Same service must be on the
primary outlet $4.00
Y. Separate installation, connection or reconnection charges shall
not be ~ssessed when multiple services are simultaneously installed,
Z. Institutional Resale
An lastitution making direct charges for cable services to individual
residents or users may not charge more than the institution has paid
for the cable service.
Section 36-184. Rate Setting
No other rates shall be charged to a subscriber.
Section 2. That Ordinance No. 8-77, Ordinance No. 38-79 and Or-
dinance No. 84-79 as they heretofore existed be and the same are her-
eby repealed.
Section $. That this Ordinance shall take effect and be in full force
on October 1, 1981.
PASSED, APPROVED AND ADOPTED this 21st day of Sep-
tember, 1981.
D. Michael King, Mayor
ATTEST:
Mary A. Davis, City Clerk
Published officially in the Telegraph Herald newspaper this 30th
day of September, 1981.
Council Member Pratt moved final
adoption of the Ordinance, as amend-
ed. Seconded by Council Member Far-
tell. Carried by the following vote:
Yeas--Mayor King, Council Mem-
beEs Brady, Farreli, Felderman, Pratt.
Nays--None.
Communication of Daniel H. De-
laney, System Manager of Telepromp-
ter Cable TV requesting an extension
of the Dubuque Cable Servkee Deliv-
ery System as provided in Ordinance
No. 42-81, presented and read.
Council Member Ferreil moved that
the communication be received and
fried and extension approved subject
to coordination with City Mgr. and
definition of specific areas. Seconded
by Council Member Pratt. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreri, Feldarman, Pratt.
Nays--Nane.
Communication of P & Z Commis-
sion approving final plat of Subd. of
Lot 2 of 1 of the Subd. of Lot 1 of i of
"Faldorf's Place" owned by Myrtle
and James Dockal et al and located
east of Twin Sisters Subd. and South
of Victoria Place, presented and read.
Council Member Pratt moved that
the communication be received and
filed. Seconded by Council Member
Farreil. Carried by the following vote:
Yeas--Mayer King, Council Mem-
Mary A. Davis City Clerk
419
beEs Brady, Farrell, Felderman, Pratt.
Nays--None.
RESOLUTION NO. 291-81
Resolution Approving the Plat of the
Subdivision of Lot 2 of Lot 1 of the
Subdivision of Lot 1 of Lot 1 of "Fei-
doer's Place" in Dubuque, Iowa.
WHEREAS, there has been filed
with the City Clerk a plat of the Subdi-
vision of Lot 2 of Lot i of the Subdivi-
sion of Lot 1 of Lot 1 of "Faldorf's
Place" in Dubuque, Iowa; and
WHEREAS, said plat has been
examined by the City Planning and
Zoning Commission and they find that
the same conforms to the statutes and
ordinances relating thereto, except
that the proposed Lots 2, 8, and 4 of
said subdivision do not front upon a
public street and do not meet the area
requirements of harding lots and
therefore do not constitute separate
bufldable lots; and
WHEREAS, said plat has been ap-
proved by the City Planning and Zen-
lng Commission on the condition that
the proposed Lots 2, 3, and 4 of the
Subdivision of Lot 2 of Lot 1 of Subdi-
vision of Lot 1 of Lot 1 of "Fnidorf's
Place" be restricted as non-bufldable
lots until they are consolidated with
larger buildabla parcels; and
WHEREAS, said plat has been
420 Special Session, Sc .tember 21, 1981
examined by the City Council and they
find the same conforms to the statutes
and ordinances relating thereto, ex-
cept that the proposed Lots 2, 3, and 4
of the said subdivision do not front
upon a public street and do not meet
the area requirement of building lots
and therefore do not constitute sep-
arate buildable lots;
WHEREAS, the City Council con-
curs on the condition of approval es-
tablished by the City Planning and
Zoning Commission;
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section L That the above-described
plat be and the same is hereby
proved and the Mayor and City Clerk
be and are hereby authorized and
rected to endorse the approval of the
City of Dubuque upon said plat, pro-
vided that the owner of said property
shall execute a written acceptance
hereto attached, acknowledging and
agreeing:
(a) That Lots 2, 3, and 4 of Subdivi.
sion of Lot 2 of Lot 1 of Subdivision of
Lot 1 of Lot 1 of "Faldorf's Place" in
Dubuque, Iowa be restricted as non-
buildable lots until they are consoli-
dated with larger buildable parcels.
Section 2. That in the event the
owners of said property shall fail to ex-
ecute the acceptance provided for in
Section I herein within forty~five (45)
days after the date of this resolution,
the provisions hereby shall be null and
void and the approval of the plat shall
not be effective.
Passed, adopted and approved this
21st day of September, 1981.
D. Michael Ring
Mayor
ATTEST:
Mary A. Davis
City Clerk
ACCEPTANCE OF
RESOLUTION NO. 291-81
We, the undersigned Twin Sisters
Subdivision, a Partnership, Contract
Purchaser/Developer, and James A.
Dockal and Myrtle I. Dockal, Contract
Sellers, having read the terms and con-
ditions of the foregoing Resolution No.
291-81 and being familiar with the con-
dition thereof, hereby accept the same
and agree to the condition required
therein.
Dated at Dubuque, Iowa this 23rd
day of September, 1981.
Contract Purchaser/Developer
Twin Sisters Subdivision
A Partnership
By: Thomas A. Luksetich, Partner
Contract Sellers
By: James A. Dockal
By: Myrtle I. Dockal
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. 292-81
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 rel-
evant thereto and they have filed pro-
per bonds;
NOW THEREFORE BE IT RE-
SOLVED, By the City Council of the
City of Dubuque, Iowa, that the Man-
ager be authorized to cause to be
sued to the following named appli-
cants a Liquor License.
CLASS "B" (HOTEL MOTEL) BEER
AND LIQUOR LICENSE
Dubuque Motor Hotels, Inc.
1111 Dodge
(Also Sunday Sales)
CLASS "C" (COMMERCIAL) BEER
AND LIQUOR LICENSE
William Baum 500 Rhomberg
(Also Sunday Sales)
Happy's Place, Inc. 2323 Rockdale
(Also Sunday Sales)
Linda L. Sheldon 1399 Jackson
Passed, adopted and approved this
21st day of September, 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.
RESOLUTION NO. 293-81
WHEREAS, Applications for Beer
Permits have been submitted and filed
to this Council for approval and the
same have been examined and ap-
proved; and
Special Session, September 21, 1981
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 Man-
ager be authorized to cause to be is-
sued to the following named appli-
cants a Beer Permit.
CLASS "B" BEER PERMIT
Pizza Hut of Dubuque No. 2
320 E. 20th
IAlso Sunday Sales)
T. I. Investments, Inc. 1575 J.F.K.
(Also Sunday Sales)
CLASS "C" BEER PERMIT
Ralph Grabow 1050 University
(Also Sunday Sales)
Kopple's Market, Inc. 1098 University
(Also Sunday Sales)
The Monday Company 4003 Peru Rd.
(Also Sunday Sales)
Passed, adopted and approved this
21st day of September, 1981.
421
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 Delos Dorweiler,
2105 Kennedy Road, requesting full
protection from the 63" stream of di-
verted storm sewage from Our Re-
deemer Lutheran Church near his pro-
perty, presented and read.
Council Member Farreil moved that
the communication be received and
filed and referred to the City Mgr.
Seconded by Council Member Pratt.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
CABLE TELEVISION FRANCHISE ELECTION
DUBUQUE, IOWA
SEPTEMBER 8, 1981
Canvass September 11, 1981
State of Iowa )
Dubuque County ) ss
We the undersigned members of the Board of Supervisors, acting as a Board
of Canvassers for the County of Dubuque, do hereby certify that on September 8,
1981, an Election was beld on the following Public Measure. and the following is
a correct abstract of votes cast.
(A) SHALL THE FOLLOWING PUBLIC MEASURE BE ADOPTED?
"Shall the City of Dubuque, Iowa adopt Ordinance No. 42~1 granting a
twenty (20) year non-exclusive franchise to Teleprompter Inc. of New York to
erec~ maintain and operate plants and systems for cable television within the
City of Dubuque, Iowa according to the terms and provisions of said ordi-
PRECINCT YES NO TOTAL
1 151 47 207
2 68 16 94
3 90 26 130
4 204 72 325
5 101 30 147
6 92 30 136
7 58 14 81
8 102 20 127
10 113 44 172
11 155 38 220
t2 136 50 202
13 276 65 389
14 148 42 214
15 143 45 201
16 166 42 231
17 198 53 297
18 172 42 232
19 272 73 380
20 284 65 380
21 240 57 328
422
Special Session, September 21, 1981
22 186 48 248
23 174 66 246
24 210 53 293
25 136 39 189
26 45 13 67
ABSENTEE 25 -3- 29
TOTAL 4014 1110 6211
Dated this llth day of September, 1981.
ATTEST:
Terrence J. Hirsch - County Auditor
Commissioner of Elections
Donna L. Smith - Chairperson
Lloyd C. Hayes - Member
Wilfred Bahl - Member
Council Member Farreil moved that
the communication be received and
filed and made a matter of record.
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
Comm. of 9-9; Carnegie Stout Library
of 8-18 and their By-Laws; Community
Development Commission of 9-9; Elec-
trical Examining Bd. of 9-8; Human
Rights Commission of 8-20; Mechani-
cal Bd. of 9-1 and 9-9; Housing Stra-
tegy Committee's of 8-24; Transit
Trustee Bd. of 7-23 and 8-13, pre-
soured and read.
Council Member Farrell moved that
the minutes 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.
Notices of Claims: Rayse Stuart, in
unknown amt. for personal injuries re-
ceived on Aug, 8, 1981, presented and
read.
Council Member Farreil moved that
the claim be referred to the Corpora-
tion Counsel for investigation and re-
port. Seconded by Council Member
Pratt. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Feldecman, Pratt.
Nays--None.
Communication of Corporation
Counsel recommending denial of per-
sonalinjury claim of Ann Kringie, said
matter amicably settled at no cost to
the City; recommending denial of auto
damages claim of George R. Ibeling et
ux, presented and read.
Council Member Farrell moved that
the communications be received and
filed and denials approved. Seconded
by Council Member Pratt. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Feldecman, Pratt.
Nays--Nane.
Communication of Corporation
Counsel advising judgment rendered
by District Court in matter concerning
a wall encroachment on the roadway of
Elbow St., presented and read.
Council Member Farrefi 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, Feldermen, Pratt.
Nays--None.
Communication of Bd. of Trustees
submitting financial reports of the
City Fire and Police Pension Fund and
Fire Retirement System for year end-
lng 6-30-81, presented and read.
Council Member Farreil 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--Nane.
Special Session, September 21, 1981
423
Communication of Dubuque County
Collector of Accounts submitting
three petitions and requesting of real
estate taxes be approved, presented
and read.
Council Member Farrell moved that
the communication be received and
filed and petitions approved. Seconded
by Council Member Pratt. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Notice of Mississippi Valley Air-
lines, Inc. to suspend essential air
transportation at Clinton and Ottum-
wa, Iowa, presented and read.
Council Member Farreli moved that
the Notice 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.
Petition of N.E. Smith on behalf of
Trustee of the property of the Chicago,
Milwaukee, St. Paul and Pacific Rail-
road Company requesting the City to
permanently close the 13th and 17th
streets grade crossings of the railroad
company tracks in the City, presented
and read,
Council Member Farrell moved that
the petition be referred to the City
Mgr. Seconded by Council Member
Pratt. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
8:30 P.M. Council Member Felder-
man moved to go into Closed Session
to give Corporation Counsel directmn
regarding acquisition of right-of-way
for North-West Arterial. Seconded by
Council Member Pratt. Carried by the
following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Felderman, Pratt.
Nays--None.
8:45 P.M. Council reconvened.
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
Council Members
ATTEST:
City Clerk