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1981 October Council ProceedingsRegular Session October 5, 1981 425 CITY COUNCIL OFFICIAL Regular Session, October 5, 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 the Regular Monthly Meeting of the City Council called for the purpose to act upon such business which may come before the Council. PROCLAMATIONS: October 4 thru 10th as "National 4-H Week in Dubuque*' received by Carol Danner, Jim Vaasen and Diane Weimerskirch; October 5th thru llth as "Produc~ivl- ty Improvement Week"; October 4th thru llth as "Respect Life Week", Oc- tober 15th as "White Cane Day". Mayor King informed the Council that Ray Barnhart, a Federal Highway Administrator, would be the speaker for this year's Boards and Commissions Dinner. Council Member Farrell moved to suspend the rules to let anyone pre- sent address the Council if they so desire. Seconded by Council Member Felderman. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. C~mmunication of City Manager submitting report on matter of Ron Mueller's appeal and recommending action of Electrical Examining Board be upheld and license be denied, presented and read. Mr. Mueller stated he has 13 years of apprenticeship in wiring and that consideration of his experience should be taken into account when making final grades on the examination. Council Member Felderman moved that the communication be received and filed and that the action of the Electrical Examining Board be upheld and license be denied. Seconded by Council Member Farrell. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Commpnication of City Manager subroAtting the Central Ave, Street Lighting and Traffic Signal Intercon- nect from 16th St. to 22nd St. Project. presented and read. Council Member Brady moved that the communication be received and iii- ed. Seconded by Council Member Far- tell. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. (Necessity for Improvement) RESOLUTION NO. 294-81 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, specificatiens and form of contract for the improve- ment, and an estimate of the cost for the Central Avenue Street Lighting and Traffic Signal Intercomlect from 16th S£reet to 22nd Street. BE IT THEREFORE RESOLVED that the City Council deems it ad- visable and necessary for the public welfare to make the herein mentioned improvement, and unless interested persons at the time of the final con- sideration of this proposed resolution have filed objections with the City Clerk to the proposed plans, specifica- tions, contract or estimated cost of the hnprovement, 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 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 General Fund, Road Use Tax Fund and the State of Iowa. The above resolution was introduc- ed, approved and ordered placed on file with the City Clerk this 5th day of Oc- tober, 1981. Approved and placed on file for final Approved: D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Brady moved ap- proval 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, 295-81 BE IT RESOLVED that the 426 preliminary estimate for the Central Ave. Street Lighting and Traffic Signal Interconnect from 16th St. to 22nd St. Project in the estimated amount of $85,370.22 be hereby proved and placed on file in the City Clerks Office this 5th day of October, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Brady 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. (Fixing Date of Hearing and Authorizing Advertisment for Proposals) RESOLUTION NO. 296-81 WHEREAS, the City Council of the City of Dubuque, Iowa, has given its preliminary approval on the proposed plans, specifications, and form of con- tract and placed same on file in the of- fice of the City Clerk for public inspec- tion for the Central Avenue Street Lighting and Traffic Signal Intercon- nect from 16th Street to 22nd Streei and WHEREAS, the proposed Resolu- tion of Necessity for said improvement has been introduced and is now on file in the City Clerk's office for public in- spection. NOW, THEREFORE, BE IT RE- SOLVED that on the 2nd day of November, 1981, a public hearing will be held at 7:30 p.m. in the Council Chambers of the City of Dubuque at City hah at which time interested per- sons may appear and be heard for or against the proposed plans and specifications, £orm of contract and cost of said improvement, and the city Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shah not be less that four days nor more than twenty days prior to the day fix- ed for its consideration, and unless in- terested persons at the time of the final consideration of the proposed Resolution of Necessity have filed ob- jections with the City Clerk, they shall be deemed to have waived all objec- tions thereto. Regular Session, October 5, 1981 BE IT FURTHER RESOLVED that the City Clerk be and is hereby directed to advertise for proposals for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iolerk Council Member Brady moved miop- ,ion 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. Communication of City Manager submitting Wastewater Treatment Sludge Treatment Facility - Belt Filter Press Project and bidding procedures, presented and read. Council Member Felderman moved that the communication be received and filed. Seconded by Council Member Pratt. Carried by the follow- ing vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. (Necessity for Improvement) RESOLUTION NO. 297-81 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- meat, and an estimate of the cost for the Wastewater Treatment Sludge Treatment Facilities-Belt Filter Press. BE IT THEREFORE RESOLVED that the City Council deems it ad- visable and necessary for the public welfare to make the herein mentioned improvement, and unless interested persons at the time of the final con- sideration of this proposed resolution have filed objections with the City Clerk to the proposed plans, specifica* tions, contract or estimated cost of the improvement, they shah be deemed to have waived all objections thereto. Said improvement shah be con- structed and done in accordance with tlie plans and specifications which have been approved by the City Court- cll and are now on file with the City Clerk. That the cost and expense of making said improvement will be paid from Wastewater Treatment Plant Construction Fund. The above resolution was introduc- ed, approved and ordered placed on file with the City Clerk this 5th day of Oc- Regular Session tober, 1981. Approved and placed on file for final action. Approved: D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Felderman moved approval 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. RESOLUTION NO. 298-81 BE IT RESOLVED that the pre- liminary estimate of plans, specs, for the Wastewater Treatment Sludge Treatment Facility- Belt Filter Press Project in the estimated amount of $500,000 be hereby approved and plac- ed on file in the City Clerk's Office this 5th day of October, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Felderman moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farreil, Felderman, Pratt. Nays--None. (Fixing Date of Hearing and Authorizing Advertisement for Proposals) RESOLUTION NO. 29~81 WHEREAS, the City Council of the City of Dubuque, Iowa, has given its preliminary approval on the proposed plans, specifications, and form of con- tract and placed same on file in the of- rice of the City Clerk for public inspec- tion for the Wastewater Treatment Sludge Treatment Facilities-Belt Filter Press, and WHEREAS, the proposed Resolu- tion of Necessity for said improvement has been introduced and is now on ~e in tho City Clerk's office for public in- spection. NOW, THEREFORE, BE IT RE- SOLVED that on the 16th day of November, 1981, a public hearing will be held at 7:30 p.m. in the Council Chambers of the City of Dubuque at City Hall at which time interested pe~ sons may appear and be heard for or October 5, 1981 427 against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby d~rected to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shah not be less than four days nor more than twenty days prior to the day fix- ed for its consideration, and unless in- terested persons at the time of the final consideration of the proposed Resolution of Necessity have filed ob- jections with the City Clerk, they shah be deemed to have waived ail objec- tions thereto. B~ IT FURTHER RESOLVED that the City Clerk be and is hereby directed to advertise for proposals for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shail not be less than four days nor more than twenty days prior to the receipt of said proposals at 10:00 a.m. the 5th day of November, 1981. Bids shah be opened and read by the City Clerk at said time and will be submit- ted to the Council for final action at a meeting to be held at the City Council Chambers in City Hall at 7:30 p.m. on the 16th day of November, 1981. Passed, adopted and approved this 5th day of October, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Felderman moved adoptlon of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Khig, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Conununicatlon of City Manager submitting FY'82 UMTA Section 5 Operating Assistance Application and requesting a Public Hearing be set, presented and read. Council Member Farrell moved that the communication be received and fil- ed. Seconded by Council Member Felderman. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. RESOLUTION NO. 300-81 RESOLUTION AUTHORIZING THE FILING OF AN APPLICA- 428 Regular Session, October 5, 1981 TION WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR A GRANT UNDER THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED. WHEREAS, the Secretary of Transportation is authorized to make grants for mass transportation pro- jects; WHEREAS, the contract for finan- cial assistance will impose certain obligations upon the applicant, in- cluding the provision by it of the local share of project costs; WHEREAS, it is required by the U.S. Department of Transportation in accord with the provisions of Title VI of the Civil Rights Act of 1964, that in connection with the filing of an ap- plication for assistance under the Ur- ban Mass Transportation Act of 1964, as amended, the applicant give an assurance that it will comply with Ti- tle VI of the Civil Rights Act of 1964 and the U.S. Department of Transpor- tation requirements thereunder; and WHEREAS, it is the goal of the ap- plicant that minority business enter- prise be utilized to the fullest extent possible in connection with this pro- ject, and that definitive procedures shah be established and administered to ensure that minority businesses shall have the maximum feasible op- ts)rtunity to compete for contracts when procuring construction con- tracts, supplies, equipment contracts, or consultant and other services; NOW, THEREFORE, BE IT SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor of the City of Dubuque is authorized to execute and file an application on behalf of the City of Dubuque with the U.S. Depart- ment of Transportation, to aid in the financing of operating assistance pro- jects pursuant to Section 5 of the Ur- ban Mass Transportation Act of 1964, as amended~ Section 2. That the Mayor of the City of Dubuque is authorized to execute and file with such applications an assurance or any other document re- quired by the U.S. Department of Transportation effectuating the pup poses of Title V1 of the Civil Rights Act of 1964. Section 3, That William Kohler, Transit Manager, is authorized to fur nish such additional information as the U.S. Department of Transportation may require in connection with the ap- plication or the project. Section 4. That the Mayorof the City of Dubuque is authorized to set forth and execute affirmative minority business policies in connection with the project's procurement needs. Section 5. That the Mayor of the City of Dubuque is authorized to execute grant contract agreements on behalf of the City of Dubuque with the [~S. Department of Transportation for aid in the financing of the operating assistance projects. Passed, adopted and approved this 5th day of October, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Farrell moved adop- tion of the Resolution. Seconded by Council Member Felderman. Carried by the following vote: Yeas--Mayor King, Council Mem* hers Brady, Farrell, Felderman, Pratt. Nays--None. Communication of City Manager re- questing authorization of the submis- sion of an Urban Development Action Grant (UDAG) application for the A.Y. McDonald Mfg. Co. expansion proposal and requesting a Public Hearing be scheduled on October 19, 1981, presented and read. Mr. Paul Stevens, Mr. Art Hansen and Mr. R.D. McDonald of the Mfg. Co. addressed the Council further explaining their pro- Council Member Pratt moved that the communication be received and ill- ed and that the Public Hearing be set for Oct. 19, 1981 for a UDAG applica- tion for the A.Y. McDonald Mfg. Co. expansion project. Petition of Mary Mueller et al 142 signers) requesting to address the Council to petition that the name of North Burden St. not be changed or in any way, presented and read. Mary Mueller, 642 N. Burden, and Liz Picker, of 645 N. Burden, noted that the only residents on Hogrefe were Mr. and Mrs. Dwight Hansen who wanted to stay at that address while everyone else on the other end wanted the N. Burden specification. Council Member Felderman moved that the petition as requested be ap- Regular Sessior proved and Staff be directed to place signs to direct the N.E. corner to be "Hogrefe Street" and the N.W. corner as "N. Burden" and that the plat be changed at another meeting. Seconded by Council Member Brady. Carried by the following vote: Yeas--Mayor King, Council Mem- bets Brady. Farrell, Felderman, Pratt. Nays--None. Communication of City Manager submitting response to petition of Richard Leppert regarding alley behind 3669 Hillcrest St. and recom- mending various alternatives to resolve the matter, presented and read. Mr. Richard Leppert and Mr. Frank McCauley both addressed the Council stressing the advantages and disad- vantages of the changes to their per- sonni property. Council Member Felderman moved that this matter be returned to Staff for discussion with both Mr. Leppert and Mr. McCauley to reach com- promise. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farreli, Felderman, Pratt. Nays--None. Communication of City Manager submitting stipulations regarding petitio~ from Terrence Hefel to vacate an alley located between Peru Road and Excelsior Ave. south of Walker St., presented and read. Douglas Hefel and Terrence Hefel of Hawkeye Drive requested that the Council omit tile $1500 selling price as this alley exists only on paper and there presently is a building on it. Council Member Felderman moved that the vacation be approved, subject to the stipulation of the $1500 selling price and that a plat of the vacated alley be prepared by a land surveyor at the petitioner's expense and then for- mally returned to Council. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Don Deich, 2605 Washington St., addressed the Council relative to the disrepair of the bus garage facility, pointing out the problems with leaks etc. and distributing pictures to clarify his petition that something be done about this unsafe matter. Council Member Felderman moved that this matter be referred to the Staff for report. Seconded by Council October5,1981 429 Member Pratt. Carried by the foliow- ing vote: Yeas--Mayor King, Council Mem- bers Brady, Farreli, Felderman, Pratt. Nays--None. Communication of City Manager submitting an ordinance granting easement rights for a railroad tract in the same location granted to Chicago, Great Western R.R. Co. To Conti- Carriers and Terminals, Inc. and Hedge Transit Warehouse Co., presented and read. Council Member Felderman moved that the cominunication be received and filed. Seconded by Council Member Pratt. Carried by the follow- ing vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt, Nays--None. ORDINANCE NO. 52-81 An Ordinance repealing Ordinance No. 59-59 which granted the railroad ease- ment to the Chicago, Great Western Railway Co., its successors and assigns, the right to construct, main- tain and operate an industry tract along Kerper Blvd., and to enact a new Ordinance which would grant an ease- ment right Ior the construction andlor operation of a railroad tract in the same location to Conti-Carriers and Terminals, Inc. and Hedge Transit Warehouse Company, Dubuque, Iowa, presented and read. Council Member Felderman moved that the reading just had be con- sidered the first reading of the Or- dinance. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bets Brady, Farreli, Felderman, Pratt. Nays--None. Council Member Felderman moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bets Brady, Farrell, Felderman, Pratt. Nays--None. ORDINANCE NO. 52-81 ORDINANCE REPEALING ORDI NANCE NO. 59-59, WHICH GRANTED THE RAILROAD EASE- MENT TO THE CHICAGO, GREAT WESTERN RAILWAY COMI~ANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT TO CONSTIIUCT, MAINTAIN ANI) OPERATE AN INDUSTRY TRACK ALONG KERPER BOULEVARD, AND TO ENACT A NEW ORDINANCE WHICH WOULD GRANT AN EASEMENT RIGHT FOR THE CONSTRUCTION AND/OR OPER- ATION OF A RAILROAD TRACK IN THE SAME LOCATION TO THE CONTICARRIERS AND TERMI- NALS, INC., DUBUQUE, IOWA, AND HODGE TRANSIT WARE- HOUSE COMPANY, DUBUQUE, IOWA. BE IT ORDAINED BY the City Council of the City of Dubuque, Iowa: That Ordinance No. 59-59, and same be hereby repealed and the following Ordinance and language be adopted in lieu thereof: Section L That a permit be and the same is hereby granted to ContiCar- tiers and Terminals, Inc., and Hodge Transit Warehouse Company, to lay down, operate and maintain an Industrial Track along an easement across public ground shown in orange upon the plat attached hereto, marked "Railroad Easement" to ContiCarriers and Terminals, Inc., and Hedge Transit Warehouse Com- pany, plat dated September 28. 1981; a copy of which plat is attached hereto labeled "Exhibit A" and by this reference made a part hereof. Section 2. That the top of the ties of said track shall conform to the grade as established by the City Engineer of the City of Dubuque, Iowa, Section 3. That the right is hereby reserved in the City of Dubuque, to establish street crossings at grade across said easement, subject, how- ever, to the obligation of the City of Dubuque to construct and maintain such crossing and all necessary or required crossing protection devices. Section 4. That the right is reserved in the City of Dubuque to authorize abutting property owners or tenants of abutting property to construct, at their own expense, private crossings across said easement, as the City Council may, by resolution, direct. Section 5. That permission herein granted is subject to the prior right in the City of Dubuque, its agents, licensees and pe~nittees to construct drains, sewe~ and other public utifi- ties across, over or under said ease- ment, provided, however, that the specifications for such facilities shall be subject to approval by the gran- tees, and the grantees shall be reim- bursed for any expenses which they may incur in connection with the Regular Session, October 5, 1981 repair or removal of any said drains, sewers or any other public utilities across, over or under the granted Section 6. That it is further expressly stipulated and provided that all rail- road companies now operating tracks in the City of Dubuque, or any rail- road companies in the future that may be operating tracks in the City of Dubuque, shall be entitled at any tline, to have their cars transferred over ti~e track herein authorized and all intermediate tracks of said gran- tees w filch may be necessary to be used in order to connect with the track herein authorized upon pay- ment of such switching charges as may be uniformly applied within this City and accepted as reasonable between railroad companies operating within the City. Section 7. That the track shall be maintained by the grantees in such condition to allow rail service to all present industries and/or future industries that may be serviced by such trackage~ and failure to main- rain or abandonment of rail service and/or such trackage by grantees shall be reasons for automatic termi- nation of this easement. Section 8. That under this easement, the grantees will have the obligation to permit the usage of the trackage for the benefit of owners and tenants of the area to be served by said rail- road trackage as third party benefi- ciaries as well as the City of Dubuque, at rates filed by the ICRR with the Interstate Commerce Com- mission. Section 9. That the City of Dubuque agrees that no assessment for any public hi~provement shall hereafter be levied against the interst of said grantees in said easement or the tracks located thereon because of any benefit from an improvement to said Section 10. That none of the rights granted by the City of Dubuque under this Odinance shall be assign- able to any other party, except that such rights may be assigned between the grantees, Section 11, That this Ordinance shall be in full force and effect after its adoption and publication as provided by law, and further, after the terms and conditions herein have been adopted in writing by the grantees. PASSED, APPROVED AND ADOPTED this 5th day of October, 1981. D. Michael King, MAYOR ATTEST: Mary A. Davis Regular Session CITY CLERK Published officially in the Telegraph Herald this 2nd day of November, Mm'y A. Davis City Clerk Council Member Felderman moved final adoption of the Ordinance. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farreil, Felderman, Pratt. Nays--None. Comnmnication of City Manager re- questing approval of City's participa- tion in the third year of the Iowa Ur- ban Stormwater Management Pro- gram sponsored by Iowa St. Universi- ty, presented and read. Council Member Farrell moved that the communication be received and fil- ed. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. RESOLUTION NO. 301-81 WHEREAS, the stormwater management in urban communities in the State of Iowa is becoming an acute problem; and WHEREAS, the Iowa State Univer- sity has been sponsoring a program for over three years, FY81, FY82, and FY83, for the development of a pro- gram for the management of storm- water in urbanized areas; and WHEREAS, a number of cities in the state, counties, and Iowa Natural Resources Council, has participated in the study; and WHEREAS, problems are increas- ing with the management of storm- water within the City of Dubuque as a result of development on the west side of the City; and WHEREAS, the City of Dubuque has appropriated money for the evaluation of stormwater manage- merit. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Manager be with Iowa State University for pa~ tieipating in th~ third year of their u~ ban storrnwater prograr~ with the cost October5,1981 431 of the City to be $3,000.00 for the cur- rent year. Passed, adopted and approved this 5th day of October, 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. RESOLUTION NO. 302-81 A RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF $440,000 INDUSTRIAL DEVELOP- MENT REVENUE BONDS IDUBU- QUE IN FUTURO, INC. PROJECT) SERIES 1981, OF THE CITY OF DUBUQUE, IOWA TO FINANCE CERTAIN INDUSTRIAL PARK FACILITIES FOR USE BY DUBU- QUE IN FUTURO, INC.; THE EX- ECUTION AND DELIVERY OF AN INDENTURE OF TRUST TO SECURE SAID BONDS; THE EX- ECUTION AND DELIVERY OF A LOAN AGREEMENT BETWEEN SAID CORPORATION AND SAID CITY PROVIDING FOR THE REPAYMENT OF THE LOAN OF THE PROCEEDS OF SAID BONDS; AND RELATED MATTERS. WHEREAS, the City of Dubuque, Iowa (the "City"), an incorporated municipality, heretofore obtained a grant of $932,000 (the "HUD Grant") from the Department of Housing and Urban Development ("HUD") for the acquisition 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 Futuro, Inc., an Iowa non-profit corporation (the "Corporation"), have heretofore obtained a grant of $1,500,000 (the "EDA Grant") from the Economic Development Ad- ministration, U.S. Department of Commerce ("EDA"~, for the construc- tion of certain improvements con- s~tuting a part of the Industrial Park (the HUD Grant and the EDA Grant being hereinafter referred to as the "Federal Grants"); and WHEREAS, the HUD Grant has 432 Regular Sessior 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 us- ed solely for the purpose for which ob- tained; anti WHEREAS, no portion of the In- dustrial Park was acquired by the City by condemnation through eminent do* main, and ali 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, tha 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"), to issue revenue bonds 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 pur- poses, including the use of any in- dustry for the manufacturing, process- lng or assembling of any agricultural or manufactured products, or of any commercial enterprise engaged in stor- lng, warehousing or distributing pr.o- ducts of agrlculture, mining or m- dustry; and WHEREAS, in order to accomplish the purposes of the Act, the City has determined it necessary and advisable to finance the cost of the construction and installation of certain other im- provements not paid or to be paid from the Federal Grants including the grading of certain sites (the "Project"), in the Industrial Park; and WHEREAS, it is proposed to finance the cost of the construction and installation of the Project through the issuance of Industrial Devalop- merit Revenue Bonds (Dubuque In Future, Inc. Project) Series 1981 of the City in the aggregate principal amount of $440,000 (the "Bonds") and the loan of the proceeds thereof to the Corpora- tio~; and WHEREAS, a Loan Agreement, to October 5, 1981 be dated as of October 1, 1981 (the "Loan Agreement") with respect to the Project will be executed by and between the Corporation and the City, whereby the Corporation win covenant and agree (i) to lnake installment payments sufficient to provide for the payment of principal of, premium, if any, and interest on the Bonds, as and when the same become due and payable and (ii) to make such other payments and satisfy such other obligations as may be required by the Act; and WHEREAS, the Bonds win be issued under and pursuant to, and are to be secured by, an Indenture of Trust, to be dated as of October 1. 1981 {the "Indenture") by and bet- veen the City and the trustee therein named, as trustee; and WHEREAS, notice of intention to issue the Bonds has been published and this Council has conducted a public hearing pursuant to such published notice, all as required by the Act, and has determined and does hereby determine that it is necessary and advisable to proceed with the financing of the Project; and WHEREAS, it is proposed to sell the Bonds to The First National Bank of Dubuque, American Trust & Sav- ings Bank, Key City Bank and Trust Company and Dubuque Bank and Trust Company (collectively, the "Pur- chasers''), pursuant to a Bond Pur- chase Agreement. to be dated as of the date hereof (the "Bond Purchase Agreement"), among the City, the Cor- potation and the Purchasers; NOW, THEREFORE, BE IT RE- SOLVED BE THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: Section 1. Tha~ in order to finance the cost of the Projee~ the Bonds be and the same are hereby authorized and ordered to be issued pursuant to he Indenture in substantially the form presented to and filed with the minutes of this meeting and containing substantially the terms and pmvisions set forth therein, and the forms, terms and provisions of the Bonds and the Indenture are hereby approved, and the Mayor and the City Clerk are hereby authorized and directed to ex- ecute, attes~ seal and deliver the In- denture, and said officials are hereby zuthorized and directed to execute, at- tes~ seal and deliver the Bonds as pro- vided in the Indenture. Regular Session Section 2. That the City lend the pro- ceeds of the Bonds to the Corporation to defray the cost of the Project. pu~' suant to the Loan Agreement, in substantially the form presented to and filed with the minutes of this meeting and containing substantially the terms and p~ovisions (including repayment provisions) set forth therei~ and the form, terms and provi- sions of the Loan Agreement are hereby approved, and the Mayor and the City Clerk are hereby authorized and directed to execute, attes~ seal and deliver the Loan Agreement. Section 3. That the sale of the Bonds to the Purchasers pursuant to the Bond Purchase Agreement, in substantially the form presented to and filed with the minutes of this meeting and containing substantially the terms and provisions set forth thereiT~ is hereby authorized, approved and confirmed, and the form, terms and provisions of the Bond Purchase Agreement are hereby approved, and the Mayor and the City Clerk are hereby authorized and directed to ex- ecute, attes~ seal and deliver the Bond Purchase Agreement. Section 4. That the Mayor and/or the City Clerk are hereby authorized and directed to execute, attest, seal and deliver any and all documents and do any and all things deemed necessary to effect the issuance and sale of the Bonds and th? execution and delivery of the Loan flfgreemen~ the Indenture and the Bond Purchase Agreement, and to carry out the intent and pu~ poses of this Resolution, including the preamble hereto. Section 5, That the City hereby finds and determines the (i) the amount necessary in each year to pay the prin- cipal of, premium, if any, and interest on theBonds proposed to be issued is set forth in Section 4.2 of the Loan Agreement as a formula which will in- sure that the Corporation is obligated to pay amounts sufficient to pay the principal of. premium, if any, and in- terest on the Bonds; (ii) the amount necessary to pay into any reserve fund which this City Council deems ach visabio to establish in connection with the retirement of the Bonds is set forth in the Loan Agreement and no other visable in connection with the retire- ment of the Bonds or the maintenance of the Project or for any other purpose; (iii) the Loan Agreement obligates the Corporation to complete the Project without any cost or liability to the Cf- ty; (iv) the Corporation is obligated October 5, 1981 433 under the Loan Agreement to maintain the Project and carry all proper in- surance with respect thereto and to pay the costs thereof, Section 6. That the Bonds shall not be subject to the general p~rovisions of law, if any, presently existing or that may hereafter be enacted, respecting the execution and delivery of the bonds o fa municipality and respecting the retaining of options of redemption in proceedings authorizing the is- suance of municipal securities. Section 7. That the provisions of this Resolution are hereby declared to be separable and if any section, phrase or provision shall for any reason be declared to be invalid, such declaration shall not affect the validity of the re- mainder of the sections, phrases and provisions. Section 8. That all resolutions or parts thereof in conflict herewith be and the sarne are hereby repealed and this Resolution shall be effective fo~ thwith upon its adoption. Adopted October 5. 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adop- tion of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Communication of City Manager submitting an Agreement with Dubu- que In Future, Inc. authorizing the use of $200,000 in Community Development Funds to guarantee in- terest payment on the Industrial Revenue Bond Issue, presented and read. Council Member Felderman moved that the communication be received and filed. Seconded by Council Member Farrell. Carried by the follow- lng vote: Yeas--Mayor King, Council Mem- bers Brady, Farre]l, Felderman, Pratt. Nays--None. RESOLUTION NO. 303-81 A RESOLUTION APPROVING AN AGREEMENT WITH DUBUQUE- IN-FUTURO, INC. PROVIDING FOR THE LOAN OF COMMUNITY DEVELOPMENT FUNDS WHEREAS. the City of Dubuque, Iowa and Dubuque-In-Future, Inc. 434 Regular Session, October 5, 1981 have entered into a Memorandum of Agreement dated July 20, 1981, evidencing the City's preliminary in- tention to issue industrial develop- meat revenue bonds, the proceeds of which are to be used for the further im- provement of the Dubuque Industrial Center; and WHEREAS, the City of Dubuque. Iowa and Dubuque-In-Future, have entered into a Memorandum of Agree- ment dated August 17, 1981, and have therein provided for the assignment to the Corporation of responsibilities for the management and further develop- ment of the Dubuque Industrial Center; and WHEREAS, Resolution No. 289-81 has been adopted on September 21, 1981, setting forth the determination of the City of Dubuque to proceed with the issuance of industrial development revenue bonds for the Dubuque-In- Future, Inc. Project, Series 1981; and WHEREAS, final arrangements have now been made for the issuance and sale of such industrial develop- ment revenue bonds in the principal amount of $440,000, according to a Loan Agreement and Indenture of Trust which provide for the payment of interest and/or principal on such bonds by Dubuque-In-Future, Inc. through deposit of an amount not less than $200,000 in a Debt Service Fund and WHEREAS, Dubuque-In-Future Inc. has requested that the City of Dubuque, Iowa assist in the establish- ment of such Debt Service Fund through an Agreement to loan Com- munity Development Block Grant funds for such purpose: NOW, THEREFORE, BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sction 1. That the Mayor and the Ci- ty Clerk be and they are hereby authorized and directed to endorse thc acceptance of the City of Dubuque, Iowa upon that certain Loan Agree- men~ hereto attached and marked Ex- hibit "A", provided for the loan of two hundred thousand dollars ($200,000) of Community Development Block Grant funds for the purpose of establishing the account to be known as the City of Dubuque, Dubuque County, Iowa Debt Service Fund (Dubuque-la- Future, Inc., Project). Passed, approved and adopted this 5th day of October, 1981. D. Michael King Mayor ~.TTEST: 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. Council Recessed at 9:35 P.M. Council Reconvened at 9:44 P.M. Communication of City Manager submitting an Ordinance establishing a reserve service parking area on the 4th Street Side of th~ Five Flags Center adjacent to the service door eh- trance, presented and read. Council Member Felderman moved that the communication be received and filed. Seconded by Council Member Pratt. Carried by the follow- lng vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. ORDINANCE NO. 53-81 An Ordinance of the City of Dubuque, Iowa, Providing that the Code of Or- dinances of the City of Dubuque, Iowa, be Amended by Providing for the Enactment of Section 25-269 to Establish a Reserve Service Vehicle Parking Zone within the City of Dubu- que, Iowa, be Providing for the Designation and Administration of Said Zones by the City Manager, presented and read. Council Member Felderman moved that the reading just had be con- sidored the first reading of the Or- dinance. Seconded by Council Member Pratt. 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 finaLaction is taken, be dispensed with. SeConded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell. Felderman, Pratt. Nays--None. ORDINANCE NO. 53-81 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVID- lNG THAT THE CODE OF ORDI- RegularSessior NANCES OF THE CITY OF DUBUQUE, IOWA, BE AMENDED BY PROVIDING FOR THE ENACTMENT OF SECTION 25-269 TO ESTABLISH A RESERVE SERVICE VEHICLE PARKING ZONE WITHIN THE CITY OF DUBUQUE, IOWA, BY PROVIDING FOR THE DESIG- NATION AND ADMINISTRA- TION OF SAID ZONES BY THE CITY MANAGER. WHEREAS, the City Council of the City of Dubuque, Iowa, finds and determines that it is necessary to pro- vide a Reserved Service Vshicle Park- ing Zone for the loading and unloading of goods and materials at the Five Flags Center and to further provide for the storage of such vehicles in such zone ;vben engaged in the actual ser- vicing of the Five Flags Center. NOW THEREFORE BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1, That Chapter 25 of the Code of Ordinances of the City of Dubuque, Iowa, be and the same is hereby amended by adding a new Sec- tion 25-269 tbereto as follows: "Section 25-269. Reserved Service Vehicle Parking When appropriate signs have been erected, a space not to exceed eighty feet (80') is hereby set aside adjacent to the municipal auditorium for the parking of vehicles engaged in load- ing, unloading or actually servicing the facility. It shall be unlawful for the operator of any vehicle to stop, stand or park within such space unless and until an appropriate ser- vice vehicle emblem has been obtained from the manager of the said facility and is prominently dis- played from tbe interior of said vehi- cle. (1) Service Vehicle Emblems. Service vehicle emblems of appropriate design shall be supplied to the facility by the City Manager." Passed, approved and adopted this 5th day of October, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 12th day of October, 1981. Mary A. Davis City Clerk It 10/12 October 5, 1981 435 Council Member Felderman moved final adoption of the Ordinance. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Communication of Dubuque County Board of Supervisors regarding the legal status of Operation: New View, presented and read. After discussion, Council Member Brady moved that Operation: New View continue to be operated with the Dubuque County Board of Supervi- sots acting as the governing officials and that the Board of Supervisors take proper action within present legal ,.onstrainte to maintain program of funding for our area. Seconded by Council Member Felderr~an. Carried by the following vote: Yeas--Mayor King, Council Member Brady, Felderman. Nays--Council Members Farrell, Pratt. RESOLUTION NO. 304-81 Memorializing Regina (Dean) Cooper Gilmore. WHEREAS, Regina (Dean) Cooper Gilmore departed this life on the 22nd day of September, 1981; and WHEREAS, Regina (Dean) Cooper Gilmore left her legacy to the City of Dubuque by donating certain land to the City to provide a suitable approach to Fifth Street; and WHEREAS, the land in accordance with Miss Gilmore's wishes has been improved by the City of Dubuque with appropriate lighting and steps. NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council does hereby publicly proclaim a sense of gratitude for the spirit in which Regina (Dean) Cooper Gilmore pro- vided the citizens of her community with a living momoriag Section 2. That the City Council docs hereby declare its condolences to the fumily and friends of Regina (Dean) Cooper Gilmore and expresses its thanks and gratitude for thc contribu- tion she made to improve thc physical quality of thc community in which she livec~ Section 3. That the City Clerk be and is hereby ordered and directed to tran- Regular Session, October 5, 1981 437 436 Regular Session, October 5, 1981 sit a cerHfied copy of this resolution to the nearest survivor of the beloved de- parted. Passed, adopted and approved this 5th day of October, 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, Farreil, Felderman, Pratt. Nays--None. BOARDS AND COMMISSIONS: NEWLY CREATED TV REGULA- TORY COMMISSION: Council Mem- ber Brady moved that Jim Renier be nominated; Council Member Pratt moved that Charles Ellis be nomi- nated; Council Member Farrell moved that Janet Dolphin be nominated; Council Member Felderman moved that Mark Willging be nominated Mayor King moved that Gary Emeni- tore be nominated; Council Memhar Brady moved that Rhea Sandven be nominated. Vote on 'the nominations Renier: Yeas--Council Member Brady. Nays--Mayor King, Council Members Farrell, Felderman, Pratt. Ellis: Yeas--Mayor King, Council Members Brady, Farrell, Felderma~ Pratt. Nays--None. Dolphin: Yeas--Council Members Farrell, Felderman, Pratt. Nays-- Mayor King, Council Member Brady. Willging: Yeas--Mayor King, Coun- cil Members Brady, Farrell, Felder- man, Pratt. Nays--None. Sandven: Yeas--Mayor King, Coun- cil Members Brady, Farrell, Felder- man, Pratt. Nays--None. Therefore, Charles Ellis and Janet Dolphin both appointed to the TV Cable Regulatory Commission for a three year term expiring 6-30-84; Mark Willging and Gary Emenitove both ap- pointed to the TV Cable Regulate? lng 6-30-83; and Rhea Sandven ap- pointed to the TV Cable Regulatory lng 6-30-82. NEWLY CREATED TV COMMU- NITY TELE-PROGRAMMING COMMISSION: Council Member Pratt moved that Jerome Ehlers be nominated; Council Member Farrell moved that Burton Everist be nomi- nated; Council Member Felderman moved that John Miller be nominated; Mayor King moved that George Biasi be nondnated; Council Member Brady moved that Robert Lehnhardt be nom- inated; Council Member Pratt moved that Carol Hoverman be nominated; Council Member Farreli moved that Don Allendorf be nominated; Council Member Felderman moved that Pat Murphy be nominated; .Mayor King moved that Don Stribling be nomi- nated; Council Member Farrell moved that F. M. Heiler t be nominated; Coun- cil Member Felderman moved that Thonms H. Kersch be nominated. Vote on the nominations was as follows: Ehlers: Yeas--Mayor King, Council Members Brady, Farrell, Felderman, Pratt. Nays--None. Everist: Yeas--Mayor King, Council Members Brady, Farreli, Felderman. Pratt. Nays--None. Miller: Yeas--Mayor King, Council Members Brady. Farrell, Felderman, Pratt, Nays--None. Biasi: Yeas--Mayor King, Council Members Brady, Farreil, Felderman, Pratt. Nays--None. Lehnhardt: Yeas--Mayor King, Council Members Brady, Farrell, Pratt. Nays--Council Member Felder- Hoverman: Yeas--Mayor King, Council Members Farrell, Felderman, Pratt. Nays--Council Member Brady. Atlendorf: Yeas--Mayor King. Coun- cil Members Brady, Farrell, Pratt. Nays--Council Member Felderman. Murphy: Yeas--Mayor King, Coun- cil Members Brady, Farrell, l~elder- man, Pratt. Nays--None. Stribling: Yeas--Mayor King, Coun- cil Members Brady, Farrell, Pratt. Nays--Council Member Felderman. Therefore, Jerome Ehlers, Burton Everist and John Miller all appointed to the TV Community Tele-Program- ming Commission for three year terms to expire 6-30-84; George Biasi, Robert Lehnhardt, and Carol Hov~rman all appointed to the TV Community Tele- Programming Commission for two year terms to expire 6-30-83; and Don Allendorf, Pat Murphy and Don Strib- ling all appointed to the TV Commu- nity Tele-Progr~mming Commission for one year terms to expire 6-30-82. RESOLUTION NO. 305-81 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 per~nlt to sell Cigarettes and Cigarette Papers within said City. Fischer & Company, Inc., d/b/a The Office Grill 909 Main Street Passed, adopted and approved this 5th day of October. 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- bets Brady, Farrell, Felderman, Pratt. Nays--None. RESOLUTION NO. 306-81 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 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 issued to the following named appli- cants a Beer Permit. CLASS "B" BEER PERMIT J & p O'Hara, Inc. 855 Century Dr. (Also Sunday Sales) CLASS "C" BEER PERMIT Nabors Drug, Inc. 1920 Elm (Also Sunday Sales) Transport Sales Co. 1075 Dodge (Also Sunday Sales) Passed, adopted and approved this 5th day of October, 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- bets Brady, Farrell, Felderman, Pratt. Nays--None. RESOLUTION NO. 307-81 WHEREAS, Applications for Li- quor Licenses have been submitted to this Council for approval and the same lmve been ex,mined 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 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 Ron Blakeman 1046 Central (Sunday Sales Only) Passed, adopted and approved this 5th day of October, 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. Printed Council Proceedings for month of June, 1981, presented and read. Council Member Felderman moved that the proceedings be approved as printed. Seconded by Council Member Brady. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady. Farrell, Felderman, Pratt. Nays--None. Petition of Delos Dorweiler request~ lng protection from loud mufflers on Kennedy Road, presented and read. Council Member Felderman moved that the petition be referred to the City Manager. Seconded by Council Member Brady. Carried by the follow- ing vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Minutes Submitted: Airport Com- mission of 9-22; Cable TV Comm. of 9-9; Five Flags Comm. of 8-17 and 9-21; Housing Comm. of 9-15; Park Board of 8-14 & 9-11; P & Z Comm. of 9-2 & 9-16; Playground & Recreation Comm. of 8-31 & 9-14; Transit Bd. of 9-10 and Earnings Statements for 438 Regular Session, October 5, 1981 month of July and August; Zoning Board of Adjustment of 9-17; Civil Service Comm. of 8-13 & 9-24; pre- sented and read. Council Member Felderman moved that the minutes be received and filed. Seconded by Council Member Brady. Carried by the following vote: Yeas--Mayor King, Council Mem- bets Brady, Farrell, Felderman, Pratt. Nays--None. Notices of Claims: Daniel Nichols, in amt. of $5,000,000.00 for personal in- juries to wife; Terry Kerns in est. amt. of $1,210.70 for vehicle damages; Marc Suchanek, in amt. of $15,000 for per- sonal injuries; Irvin Valentine, in est. amt. of $721.98 for vehicle damages, presented and read. Council Member Felderman moved that the claims and suits be referred to the Corporation Counsel for investigu- tlon and report. Seconded by Council Member Brady. Carried by the follow- lng vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Petition of Dubuque County Collec- tor for Accounts requesting suspen- sion of real estate taxes for individual due to disability, presented and read. Council Member Felderman moved that the petition be approved. Second- ed by Council Member Brady. Carried by the following vote: Yeas--Mayor King, Council Mem- bets Brady, Farreil, Felderman, Pratt. Nays--None. Communication of City Manager submitting status of Council referrals from past meetings, presented and read. Council Member Felderman moved that the communication be received and filed. Seconded by Council Mem- ber Brady. Carried by the following Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Communication of City Manager of- ficially filing Teleprompter Corpora~ tion's application for the Cable Fran- chise, presented and read. Council Member Felderman moved that the communication be received and flied. Seconded by Council Mem- ber Brady. Carried by the following Yeas--Mayor King, Council Mem- bers Brady, Farreli, Felderman, Pratt. Nays--None. Communication of City Manager submitting annual report of the Civic Center Commission, presented and Council Member Felderman moved that the communication be received and filed. Seconded by Council Mem- ber Brady. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farreil, Felderman, Pratt. Nays--None. Communication of City Manager providing Council with the League's 1980-1981 legislative policies and reso- lutions adopted at the League's annual meeting, presented and read. Council Member Felderman moved that the communication be received and filed. Seconded by Council Member Brady. Carried by the fdilow- ing vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Communication of Corporation Counsel submitting opinion regarding dispute between Fischer Investment Co. and Mole Sand & Gravel Co. relat- ing to a parcel of property which Fischer Investment Co. claims there has been placed an obstruction by Les- see of the City to-wit, Mole Sand & Gravel Co., recommending modifica- tlon of lease, presented and read. Council Member Felderman moved that tlie communication be referred to the Dock Commission for modifica- tions with copies to ail parties. Second- ed by Council Member Brady. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Communication of Corporation Counsel recommending settlement of personal injury claim of Rosemarie Walsh in the amount of $3,500.00, pre- sented and read. Council Member Felderman moved that the communication be received and filed and settlement approved. Seconded by Council Member Brady. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farreil, Felderman, Pratt. Nays--None. Communication of Attorneys for Ozark Air Lines, Inc. submitting their notice of Intent to suspend nonstop and/or Single Plane Service on or after 60 days to various cities, before the Civil Aeronautics Bd.; Communication of Attorneys for Ozark Air Lines Inc. Regular Sessior submitting application for Exemption before the Civil Aeronautics Bd., pre- sented and read. Council Member Felderman moved that the communications be received and filed and referred to the Airport Commission. Seconded by Council Member Brady. Carried by the follow- ing vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Communication of Richard Henschel requesting release of security which was requested for "Blocks 4, 5, 6 and 7 of Timber Ridge Addition" totalling $3,200.00, presented and read. Council Member Felderman moved that the communication be received and filed and the matter referred to the City Manager with direction to report within a two week period. Seconded by Council Member Farrell. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. 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- bers Brady, Farreli, Felderman, Pratt. Nays--None. Mary A. Davis City Clerk Approved 1981 Adopted 1981 Council Members ATTEST: City Clerk October 5, 1981 439 Special Seasior October 6, 1981 Special Session. October 6, 1981 441 CITY COUNCIL OFFICIAL Special Session, October 6, 1981. Council Met at 4:30 P.M, (C.D,T.) Present--Council Members Brady, Farrell. Pratt, City Manager W. Ken- neth Gearhart. Absent--Mayor King, Corporation Counsel R. N. Russo. Absent at Roll Call--Mayor Pro- Tem Felderman. Council Member Farrell read the call and stated that service thereof had been duly made and tins Meeting is called for the purpose to consider a Resolution authorizing the execution of a Memorandum of Agreement by and between the City of Dubuque, Iowa, and A. Y. McDonald Mfg. Co. and acting upon such other business which may properly come before the Council. Mayor Pro-Tern Felderman entered the Chambers at 4:45 P.M. RESOLUTION NO. 308-81 A Resolution Authorizing the Execu- tion of a Memorandum of Agreement by and between the City of Dubuque, Iowa and A.Y. McDonald Manufactur- lng Company. WHEREAS, the City of Dubuque, Iowa {the "City") an incorporated mu- nlcipality is authorized by the laws of the State of Iowa, and specifically Chapter 419 of the Code of Iowa, 1981, as amended (the "Act"t, to issue revenue bonds for the purpose of de- fraying the cost of any land, buildings or improvements suitable for certain specified purposes, including the use of any industry for the manufacturing, processing or assembling of any agti- cultural or manufactured products, or of any commercial enterprise engaged in storing, warehousing or distributing products of agriculture, mining or in- dustry; and WHEREAS, A.Y. McDonald Manu- facturing Company, an Iowa Corpora- tion (the "Corporation"), will acquire, construct and install a manufacturing facility (the "Project") located witinn the Corporate Limits of the City and the City proposes to issue one or more issues of industrial development revenue bonds pursuant to the provi- sion of the Act as then in effect to finance the cost of acquiring, con- structing and improving the Project; and WHEREAS. it is deemed necessary and advisable, to accomplish the pur- poses of the Act that the Project be undertaken at the earliest practicable date, and the Corporation has re- quested satisfactory assurances from the City that the proceeds of the sale of one or more issues of industrial de- velopment revenue bonds of the City in an aggregate amount not to exceed $5,000,000 will be made available put- suant to the Act to finance costs of the Project; and WHEREAS, the City deems it necessary and advisable that it take such actions as may be required under the Act as then in effect to authorize and issue one or more issues of indus- trial development revenue bonds in an aggregate amount not to exceed $5,000;00 to finance such costs of the Project; and WHEREAS, a form of agreement designated as a "Memorandum of Agreement," has b~en prepared under which the Corporation has stated its willingness to undertake the acquisi- tion, constr~ction and installation of the Project and to enter into a lease, sale contract or loan agreement with the City with respect to the Project, under winch the Corporation will be obligated (directly or through its notes, debentures, bor~ds or other se- cured or unsecured debt obligations executed and delivered to evidence or secure its obligations thereunder) to make periodic payments sufficient to pay the principal of, interest on and redemption premium, if any, on the bonds as and when the same shall be- come due and payable, and, if neces- sary to vest title to the Project in the Corporation, the Corporation shah be obligated and entitled to purchase the interest, if~any, of the City in the Pro- ject for an additional nominal amount, and such lease, contract or agreement shall contain such other provisions as may be required by the Act as then in effect and such other provisions as shall be mutually acceptable to the City and the Corporation; NOW, THEREFORE, be it resolved by the City of Dubuque, Iowa as fol- lows: Section 1. That in order to insure the acquisitio~ construction and installo~ tlon of the Project in the City with the resulting public benefits which will flow therefrom, it is deemed necessary and advisable that industrial develop- ment revenue bonds be issued in an ag- gregate amount not to exceed $5,000,000 to finance costs of the Pro- jeer, as referred to in the preamble hereof, and that the Memorandum of Agreement hereinafter referred to be approved and executed for and on behalf of the City. Section 2. That the Memorandum of Agreement by and between the Corpo~ ation and the City, substantially in the form and with the contents set forth in Exhibit A attached hereto, be and the same is hereby approved and autho~ ized. Section 3. That the Mayor is hereby authorized and directed to execute, and the C~ty Clerk is hereby authorized to attest and to affix the seal of the City to, the Memorandum of Agree- ment substantially in the form and with the contents set forth in Exinblt A attached hereto. Section 4. That the City will issue and sell industrial development rev- enue bonds in an aggregate amount not to exceed $5,000,000 to finance costs of the Project, as referred to in the preamble hereof, subject to the execution of the Memorandum of Agreement herein authorized and upon the conditions specified in the Memo~ andum of Agreement. Section 5. That all resolutions and parts thereof in clinflict herewith are hereby repealed to the extent of such conflict. John L. Felderman Mayor Pro-Tern ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adop- tion of the Resolution and approval of the Memorandum of Agreement, as amended. Seconded by Council Mem- bet Brady. Carried by the following Yeas--Mayor Pro-Tern Felderman, Council Members Brady, Farrell, Pratt. Nays--None. Absent--Mayor Ring. RESOLUTION NO. 809-81 A Resolution Fixing a Date for a Pub- llc Hearing on Proposed Industrial De- velopment Revenue Bonds (A.Y. McDonald Manufacturing Company Project) Series 1981. WHEREAS, the City of Dubuque, Iowa (the "City"), an incorporated mu- nicipality is authorized by the laws of the State of Iowa, and specifically Chapter 419 of the Code of Iowa, 1981, as amended (the "Act"), to issue reve- nue bonds and lend the proceeds to one or more contracting parties pursuant to a loan agreement for the purpose of defraying the cost of any land, build- ings or improvements, winch facilities shah be in or within eight miles of the corporate limits of the City, suitable for certain specified purposes, includ- Lug the use of any industry for the manufacturing, processing or as- sembling of any agricultural or manu- factured products, or of any commer- cial enterprise engaged in storing, warehousing 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, the City proposes to issue its Industrial Development Rev- enue Bonds (A.Y. McDonald Manufac- turing Company Project) Series 1981 ill an aggregate principal amount not to exceed $5,000,000 (the "Series 1981 Bonds") to obtain funds to lend to the Corporation pursuant to a Loan Agreement between the City and the Corporation (the "Loan Agreement") for the purpose of financing the cost of the Project 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 pfc- vide for the repayment by the Corpora- tion of the loan of the proceeds of the Series 1981 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 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 $5,000,000 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 tho proposal 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 2nd day of Novem- bet, 1981, at 7:30 P.M., at which time 442 Special Session, October 6, 1981 and place a public hearing shall be held on the proposal to issue Industrial Dw velopment Revenue Bonds (A.Y. McDonald Manufacturing Company project) Series 1981, in an aggregate principal amount not to exceed $5,000,000 as referred to in the pr~ amble 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. The City Clerk is hereby directed to give notice of intention to issue the Series 1981 Bonds by publlea- tion at least once not less than fifteen (15) days prior to the date fixed for the hearing in the Telegraph Herald, a legal newspaper publishad in and hay- lng a general circulation within the City of Dubuque, Iowa, in substantial. ly the following forrtr NOTICE OF INTENTION TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS (A.Y. MCDONALD MANUFACTURING COMPANY PROJECT) SERIES 1981 The City Council of the City of Du- buque, in Dubuque County, Iowa, will meet on the 2nd day of November, 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 (A.Y. McDonald Manufactur- lng Company Project) Series 1981, of said City, in a principal amount not to exceed $5,000,000, for the purpose of lending the proceede thereof to A.Y. McDonald Manufacturing Company, an Iowa corporation, to pay the cost, to that amount, of financing the cost of constructing and installing certain improvements, including a manufac- turing facility, on a site located in the City. These bonds, when issued, will be limited obligations and will not consti- tute general obligations of said City nor will they be payable in any manner by taxation, but said bonds will be payable solely and only out of the reve- nues to be derived by the City from payments to be made by said Corpor- ation under a Loan Agreement be- tween said City and said Corporation. At the time and place fixed for said public hearing ali 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, Oct.- ber 6, 1981. Mary A. Davis Clerk Section 3. That all resolutions or parts thereof in conffict herewith be and the same are hereby repealed, and this resolution shall be effective forth- with upon its passage and approval Passed and approved October 6, 1981. John L. Felderman Mayor Pro-tern 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 Pro-Tem Felderman, Council Members Brady, Farrell, Pratt. Nays--None. Absent--Mayor King. Communication of City Mgr. sub- mltting Resolution authorizing publi- cation of the Environmental Finding for the City of Dubuque/A.Y. McDon- ald Mfg. Co. Urban Development Ac- tion Grant Project, presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas--Council Members Brady, Far- tell, Felderman, Pratt. Nays--None. Absent--Mayor King. RESOLUTION NO. 310-81 Authorizing Publication of Notice of Environmental Review Findings for Certain Community Development Block Grant Project. WHEREAS, pursuant to the rules and regulations as promulgated by the U.S. Department of Housing and Ur- ban Development, environmental re- view has been processed for the pro- ject hereinafter to be described to be financed with Urban Development Ac- tion Grant funds; and WHEREAS, an Ad'Hoc Environ- mental Review Committee has after due consideration made a determina- tion that the project is not a major Federal action significantly affecting the quality of the human environment; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Clerk be and she is hereby authorized and directed to publish a Notice of Finding of No Special SesSion Significant Effect on the Environment for the following identified proj~cq and to make the Environmental Review Record for said project available for public inspection Such notice shall be in the form of Exhibit "A " hereto tached and made a part hereof A. ~ McDonald Construction Project PASSED, APPROVED AND ADOPTED this 6th day of October, 1981. John L. Felderman Mayor Pro-Tern 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 Pro-Tern Felderman, Council Members Brady. Farrell, Pratt. Nays--None. Absent--Mayor King. There being no further business, Council Member Pratt moved to ad- journ. Seconded by Council Member Farreli. Carried by the following vote: Yeas--Mayor Pro-Tern Felderman, Council Members Brady, Farrell, Pratt. Nays--None. Absent--Mayor King. Mary A. Davis City Clerk Approved 1981 Adopted __1981 Council Members ATTEST: City Clerk .October 6, 1981 Special Session, October 19, 1981 CITY COUNCIL OFFICIAL Special Session, October 19, 1981. Council Met at 7:30 P.M. (C.D.T.) Present--Mayor King, Council Members Brady, Farreri, 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 called for the purpose to consider a Resolution Au- thorizing the firing of an Urban Devel- opment Action Grant for the A.Y. McDonald Mfg. Company expansion project and acting upon such other business which may properly come be- fore the Council. PROCLAMATIONS: October 19th thru 31st as: "Let's Hear It For Dubu- que'' received by Allan J. Carew; Se- cond Week of November as: "Youth Appreciation Week;" October 18th thru 24th as "Iowa Nurses Week" re- ceived by Jean Dunne; November 1, 1981 as: "Environmental Awareness Day" received by Richard Breitbach. Council Member Pratt moved to sus- pend the rules to let anyone address the Council if they so desire. 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 the Publisher, of Notice of Public Hearing to approve an Urban Develop- ment Action Grant Application, to ob- tain Federal Assistance for the expan- sion of the A.Y. McDonald Mfg. Co. Expansion Project, presented and read. There were no written objections re- calved and no oral objectors present at the time set for the Hearing. Council Member Falderman 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- hers Brady, Farrell, Felderman, Pratt. Nays--None. RESOLUTION NO. 311-81 A Resolution Authorizing the Filing of an Urban Development Action Grant for the A.Y. McDonald Company Ex- pansion Project. WHEREAS, the A.Y, McDonald Manufacturing Company proposes to relocate and expand its manufacturing operations in the Dubuque Industrial Center, and thereby provide for the creation of approximately 160 jobs; and WHEREAS, it has been determined that said proposal will not be feasible without non-local assistance; and WHEREAS, the City of Dubuque, in cooperation with the A.Y. McDon- aid Manufacturing Company, has pre- )areal an Urban Development Action Grant application for the purpose of obtaining the needed non4ocal assis- tance for development of the proposed expansion project; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L ,That the City Counc[1 hereby authorizes the filing of an U~ ban Development Action Grant appli- cation, including all understandings and assurances contained therein, with the Department of Housing and Urban Development. Said application shall request an Action Grant award for the purpose of asslsting the relocation and expansion of the A. Y. McDonald Man~ ufaeturing Company in the Dubuque Industrial Center. Section 2. That the Mayor is hereby directed and authorized to act as the official representative of the City of Dubuque in connection with said ban Development Action Grant apPli- cation, and to provide such additional information as may be requested by the Department of Housing and Urban Development. Passed, adopted and approved this 19th day of October, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Felderman moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farreli, Feldorman, Pratt. Nays--None. Proof of publication, certified to by the Publisher, of Notice of Public Hearing to consider an Ordinance amending Code of Ordinances to in- clude "Churches" as a principal per- mitted use in C-1 through C-7 Com- mercial District and L-I Light Indus- Special Session trial Districts, presented and read. There were no written objections r~ ceived and no oral objectors present at the time set for the Hearing. Council Member Felderman moved Chat the proof of publication be r~ calved and fried. Seconded by Council Member Felderman. Carried by the fol- lowing vote: Yeas--Mayor King, Council Mem- bers Brady, Farreli, Falderman, Pratt. Nays--None. ORDINANCE NO. 54-81 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANC- ES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPEN- DIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA" BY ENACT- ING NEW SECTIONS 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 CHURCH- ES AS A PRINCIPAL PERMITTED USE IN C-1 THROUGH C-7 COM- MERCIAL DISTRICTS AND L-I LIGHT INDUSTRIAL DISTRICTS AND BY ENACTING A NEW SEC- TION 5-104.4, 10, OF ARTICLE V THEREOF TO ESTABLISH OFF- STREET PARKING SPACE RE- QUIREMENTS FOR CHURCHES IN COMMERCIAL AND INDUS- TRIAL DISTRICTS, said Ordinance having been presented and read at the Council Meeting of Sept. 21, 1981, pre~ sented for final adoption. iOFFICIAL PUBLICAT1ONI ORDINANCE NO. 54-81 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVID- ING THAT THE CODE OF ORDI- NANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVIS- ING APPENDIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", BY ENACTING NEW SECTIONS 4-112.2, 10); 4-113.2, 12); 4-114.2, 18}; 4-115.2,8); 4-116.2, 121; 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 tN C-1 THROUGH C-7 COMMER- CIAL DISTRICTS AND L-I LIGHT INDUSTRIAL DISTRICTS A, ND BY ENACTING A NEW SECTION 5-104.4, 10, OF ARTICLE V THEREOF TO ESTABLISB October 19, 1981 445 OFF-STREET pARKING SPACE REQUIREMENTS FOR CHURCHES IN COMMERCIAL AND INDUSTRIAL DISTRICTS. NOW THEREFORE BE 1T 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, Iowa. be amended by revising Appendix A thereof, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa", by enacting a new Section 4-112.2, 10), of Article IV, as follows: Section 4-112. C-1 COMMERCIAL DISTRICT REGULATIONS 4-112.2 Principal Permitted Uses "10) Churches" Section 2. That the Code of Ordi- nances of the City of Dubuque, Iowa be amended by revising Appendix A thereof, also known as the "Zoning Ordinance and the Zoning Map of the City of Dubuque, Iowa", by enacting a new Section 4-113.2, 12} of /M,ticle IV as tbllows: Section 4-113 C-2 LOCAL SERVICE COMMERCIAL DISTRICT 4-113.2 Principal Permitted Uses "12) Churches" Section 3. That the Code of Ordi- nances of the City of Dubuque, Iowa be amended by revising Appendix A thereof, also known as the "Zoning Ordinance and the Zoning Map of the City of Dubuque, Iowa", by enacting a new Section 4-114.2, 18), of Article IV, as follows: Section 4-114 C-3 ARTERIAL BUSINESS COMMERCIAL DIS- TRICT 4-114.2 Principal Permitted Uses "18) Churches" Section 4. That the Code of Ordi- nances of the City of Dubuque, Iowa be amended by revising Appendix A thereof, also known as the "Zoning Ordinance and the Zoning Map of the City of Dubuque, Iowa", by enacting a new Section 4-115.2, 8) of Article IV, ss follows: Section 4-115 C-4 GENERAL COM- MERCIAL DISTRICT REGULA- TIONS 4-115.2 Principal Permitted Uses "8/Churches" Section 5. That the Code of Ordi- nances of the City of Dubuque, Iowa bc amended by revksing Appendix A thereof', also known ~q the "Zoning Ordinance and the Zoning Map of Special Session, October 19,1~81 the City of Dubuque, Iowa", by enacting a new Section 4-116.2, 12), of Articls IV, as follows: Section 4-116 C-5 CENTRAL BUSI- NESS DISTRICT REGULATIONS 4-116.2 Principal Permitted Uses "12) Churches" Section 6. That the Code of Ordi- nances of the City of Dubuque, Iowa be amended by revising Appendix A thereof, also known as the "Zoning Ordinance and the Zoning Map of the City of Dubuque, Iowa", by enacting a, new Section 4-117.2, 7), of Article IV, as follows: Section 4-117 C-6 PLANNED COM- MERCIAL DISTRICT 4-117.2 Principal Permitted "7) Churches" Section 7. That the Code of Ordi- nances of the City of Dubuque, Iowa be amended by revising Appendix A thereof, also known as the "Zoning Ordinance and the Zoning Map of the City of Dubuque, Iowa", by enacting a new Section 4-122.2, 6) of Article IV, as follows: Section 4-122 C-7 GENERAL SER- VICE AND WHOLESALE COM- MERCIAL DISTRICT 4-122.2 Principal Permitted Uses "6) Institutional Uses a. Churches" Section 8. That the Code of Ordi- nances of the City of Dubuque, Iowa be amended by revising Appendix A thereof, also known as the "Zoning Ordinance and the Zoning Map of the City of Dubuque, Iowa", by enacting a new Section 4-119.2, 4) of Article IV, as follows: Section 4-119 L-I LIGHT INDUS- TRIAL DISTRICT REGULA- TIONS 4-119.2 Principal Permitted Uses "All uses listed as Principal Permitted Uses for the C-4 General Commercial District except restaurants, bars or taverns, (See Section 4-115.2 of this Ordinance). Section 9. That the Code of Ordi- nances of the City of Dubuque, Iowa be amended by revising Appendix A thereof, also known as the "Zoning Ordinance aud the Zoning Map of the City of Dubuque, Iowa", by enacting a new Section 5-104.4, 10) of Article V, as follows: Section 5-104 OFF-STREET PARK- ING AND LOADING SPACE REQUIREMENTS FOR COM- MERCIAL AND INDUSTRIAL DISTRICTS 5-104.4 SCHEDULE OF OFF- STREET PARKING SPACE REQUIREMENTS USE REQUIRED OFF-STREET PARK- ING SPACES "10. Churches L0 for each four (4) per- Section 10. That the foregoing amendment has heretofore been approved by the Planning and Zoning Commission of the City of Dubuque, Iowa. PASSED, APPROVED AND ADOPTED this 19th day of October, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald this 26th day of October, 1981 It 10/26 Council Member Felderman moved final adoption of the Ordinance. Seconded by Council Member Felder- man. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Communication of City Mgr. sub- mitting various documents relative to the Klauer Mfg. Company Issue, pre- sented and read. Council Member Felderman moved that the communication 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. RESOLUTION NO. 312~1 A Resolution Amending Resolution No. 164-78, and Providing for a Cot- rected Reference to the Plat Subdivid- lng Property in Block I "Riverfront Subdi¥ision No. 5." WHEREAS, Resolution No. 164-78 provided for the approval of the City of Dubuque, Iowa to the plat of the subdivision of certain property in Block 1 "Riverfront Subdivision No. 5" in the City of Dubuque, Iowa; and WHEREAS, the aforesaid Resniu- tion made incorrect reference to the title of said plat: NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section i of Resolu- tion 164-78 is hereby repealed and a Special Sessio~ October 19, 1981 447 new Section I adopted in lieu thereof, for the purpose of correcting the title of the plat previously approved and en- dorsed by the City of Dubuque; "Section 1. That the plat of the subdivision of Lot 1 of Black I in "Riverfront Subdivision No. 5" in the City of Dubuque, Iowa be and the same is hereby approved and the Mayor and the City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, lowa upon said plat." Section 2. That the City Council of the City of Dubuque, Iowa declares that this Resolution is a correcting resolution, and that the approval of the City of Dubuque, Iowa as evidenced by the certificates of its Mayor and C~ty Clerk upon Instrument No. 4065-78, filed May 4, 1978 is a true representa- tion of the intent and decision of the City of Dubuque, Iowa, to approve and endorse the subdivision of Lot I of Block I in "Riverfront Subdivision No. 5" in the City of Dubuque, Iowa. Passed, adopted and approved this 19th day of October, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Felderman moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farreri, Felderman, Pratt. Nays--None. Communication of P & Z approving final plat of Sub. of Lot 1 of Lot 1, Block 1 of Riverfront Sub. No. 5 cated west of Shiras Ave. Extension, presented and read. Council Member Felderman moved that the communication be received and fried, Seconded by Council Mem- ber Pratt. Carried by the following Yeas--Mayor King, Council Mem- bets Brady, Farrell, Felderman, Pratt. Nays--None. RESOLUTION NO. 3134~1 Resolution Approving Plat of the Sub- division of Lot 1 of Lot 1, Block 1, "River Front Subdivision No. 5" in the City of Dubuque, Iowa. WHEREAS, there has presented to the City Council of the City of Dubu- que, Iowa, a plat of the Subdivision of Lot 1 of Lot t, Block 1, "River Front Subdivision No. 5" in the City of Du- buque, Iowa; and WHEREAS, the City Council has exanfined 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 here- inabove described real estate be and the same is hereby approvec~ a copy of which is hereto attachecL 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 19th day of October, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Felderman moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Communication of Attorney Francis O'Connor, on behalf of Klauer Mfg. Co. advising of his client's desire to pur- chase Lot 2 of 1, Block 1 and Lot 2 of Sub. of Lot 1 of 1, Block 1 ail in River- front Sub. No. 5, presented and read. Council Member Felderman moved that the communication be received and filed. Seconded by Council Member Pratt. Carried by the follow- ing vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. RESOLUTION NO. 314-81 A Resolution Declaring the Intent of the City of Dubuque, Iowa to Dispose of Interests in Certain Real Estate, WHEREAS, the City of Dubuque, Iowa and the Klauer Manufacturing Comppany of Dubuque, Iowa have en- tered into option agreements provid- ing for the company's rights to pur- chase Lots 6, 7, 8, 9 in Block 1 "River Front Subdivision No. 5," for the put- pose of constructing manufacturing and associated facilities thereon; and WHEREAS, the Klauer Manufac- turing Company has exercised its op- 448 Special Seasior October 19, 1981 tion and has purchased Lots 8 and 9 in Block 1, "River Front Subdivision No. 5," and; WHEREAS, the City of Dubuque is owner of certain hereinafter described real estate adjoining Lots 8 and 9 in Block 1, "River Front Subdivision No. 5," which real estate has been deter- mined to be useful for the purpose of developing manufacturing and associ- ated facilities of the Klauer Manufac- turing Company; and WHEREAS, the sale of the real estate to the Klauer Manufacturing Company, for the consideration and subject to conditions hereinafter de- scribed is determined to be in the public interest; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That it is the intent of the City Council of the City of Dubuque, Iowa to sell to Klauer Manufacturing Company of Dubuque, Iowa by Quit Claim Deed, real estate described or to be described as: Lot 2 of Lot 1, Block 1, "River Front Subdivision No. 5, "consisting of 0.315 acres, more or less, and Lot 2 of Sub. of Lot i of Lot 1, Block 1, "River Front Subdivision No. 5," consisting of 0.223 acres, The disposal of such interest of the City of Dubuque, Iowa shall be in con- sideration of the price of $0.81 per square foot of the property to be con- veyed, and shall be subject to condi- tions and restrictions set forth as para. graphs five (5), eight (8), and ten (10) contained in that Option Agreement adopted on June 2, 1978 and as amend- ed on November 19, 1979, by and be- tween the City of Dubuque, Iowa and Klauer Manufacturing Company, such conditions being adopted herein by reference as though fully set out herein. Section 2. That the City Clerk is hereby directed to give notice in the manner required by law of a public hearing to be held on November 9, 1981 at 4:30p. m. in the Council Chambers in City Hal~ at which time and place all interested parties will be given oppo~ tunity to be heard for or against the proposal to dispose of the real estate herein described. Passed, adopted and approved this 19th day of October, 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 foilowing vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. RESOLUTION NO. 316.81 A Resolution Declaring the Intent of the City of Dubuque, Iowa to Dispose of Interests in Certain Real Estate. WHEREAS, the City of Dubuque, Iowa and the Klauer Manufacturing Company of Dubuque, Iowa have en- tered into option agreements provid- ing for the company's rights to pur- chase Lots 6, 7, 8, 9, in Block 1, "River Front Subdivision No. 5", for the pur- pose of constructing manufacturing and associated facilities thereon; and WHEREAS, the Klauer Manufac- turing Company has exercised its op- tion and has purchased Lots 8 and 9 in Block 1, "River Front Subdivision No. 5"; and WHEREAS, the City of Dubuque is owner of certain hereinafter described real estate adjoining Lots 6, 7, 8, 9, in Block 1, "River Front Subdivision No. 5," which real estate has been deter- mined to be useful for the purpose of erecting a security fence and associat- ed facilities of the Klauer Manufactur- ing Company; and WHEREAS, the lease of the real estate to the Klauer Manufacturing Company, for the consideration and subject to conditions hereinafter de- scribed is determined to be in the public interest; NOW, THEREFORE, BE IT SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That it is the intent of the City Council of the City of Dubuque, Iowa to lease to Klauer ~lanufacturing Company of Dubuque, 'Iowa by ment hereto attached, real estate con- sisting of a portion of Lot I of Sub. of Lot 1 of Lot 1, Block 1, "River Front Subdivision No. 5" as shown upon Ex- hibit "A" to the Lease Agreement hereto attached, for the purpose of erecting and maintaining a security fence thereo:r The disposal of such interest of the City of Dubuque, Iowa shall be in con- Special Session sideration of the price of $100.00 per year, and shall be subject to conditions and restrictions set forth in the Lease Agreement hereto attached. Section 2. That the City Clerk is hereby directed to give notice in the manner required by law of a public hearing to be held on November g. 1981 at 4:30 p.m. in the Council Chambers in City Hal~ at which time and place all interested parties will be given oppo~ tunity to be heard for or against the proposal to lease the real estate herein described. Passed, adopted and approved this 19th day of October, 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, Farrell, Felderman, Pratt. Nays--None. RESOLUTION NO. 316-81 A Resolution Authorizing the Execu- tion of a Memorandum of Agreement with Klauer Manufacturing Company. WHEREAS, the City of Dubuque, Iowa, in the County of Dubuque, State of Iowa (the "Issuer") is an incor- porated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1981, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by con- struction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of any industry or industries for the manufacturing, processing or assembl- ing of any agricultural or manufac- tured products or of any commercial enterprise engaged in storing, ware- housing or distributing products of ~ agriculture, mining or industry, or of a national, regional or divisional head- quarters facility of a company that does multistate business; and WHEREAS, the Issuer has been re- quested by Klauer Manufacturing' Company (the "Company") to issue its revenue bonds in two or more in- stallments pursuant to the Act for the purpose of financing the acquisition by construction or purchase to be com- pleted in two or more phases, of land, buildings, equipment and ira- October 19, 1981 449 provements suitable for use as a warehousing and manufacturing facili- ty (the "Project"), located within the Issuer; and WHEREAS, a Memorandum of Agreement in the form and with the contents set forth in Exhibit A attach- ed hereto, has been presented to the Issuer under the terms of which the Issuer agrees, subject to the provi- sions of such Agreement, to pursue proceedings necessary under the Act to issue its revenue bonds for such pur- pose; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the Issuer, as follows: Section 1. The Memorandum of Agreement in the form and with the contents set forth in Exhibit A at- tached hereto be and the same is here- by approved and the Mayor is hereby authorized to execute said Memoran- dura of Agreement and the Clerk is hereby authorized to attest the same and to affix the seal of the Issuer there- to, said Memorandum of Agreement which constitutes and is hereby made a part of this Resolution to be in sub- stantially the form, text and contain- ing the provisions set forth in Exhibit A attached hereto. Section 2. Officials of the Issuer are hereby authorized to take such further out the intent and purpose of the Memorandum of Agreement. Section 3. That all resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Passed, adopted and approved this 19th day of October, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Felderman moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. RESOLUTION NO. 317-81 Resolution Fixing a Date for Hearing on Proposed Industrial Development Revenue Bonds, Series 1981 IKlauer Manufacturing Company Project). WHEREAS, the City of Dubuque, in the County of Dubuque. State of Iowa (the "Issuer"), is an incorporated Special Session, October 19, 1981 municipality authorized and empow- ered by the provisions of Chapter 419 of the Code of Iowa, 1981, as amended (the "Act") to issue revenue bonds for the purpose of financi~ the cost of ac- qniring, by construction or purchase, land, buildings, improvements and equipment or any interest therein, suitable for the use of any industry or industries for the manufacturing, pro- ceasing or assembling of any agrlcul- rural or manufactured products or of any comrnerclal enterprise engaged in storing, warehousing or distributing products of agriculture, mining or in- dustry, or of a national, regional or di- visional headquarters facility of a com- pany that does multiztate business; and WHEREAS, the Issuer has been re- quested by Klauer Manufacturing Company (the "Company"), an Iowa corporation, to issue its revenue bonds to finance the cost of the acquisition by construction or purchase of land, buildings, equipment and improve- ments suitable for use as a warehous- lng and manufacturing facility (the "Project") located within the Issuer, whlch will promote the welfare of the Issuer and its citizens. The Project is anticipated to be completed in two or more phases. The first phase is presently intended to consist of the ac- quisition of land and constructing and equipping of a warehouse to be con- structed according to manufacturing design. The estimated cost of phase I is approximately $2,000,000. The se. cond phase of the Project consists of the acquiring of land and constructing and equipping and improving a manu- facturing and office facility and this phase may be further divided into sep- arate phases taking into account design, construction, cost and borrow- lng consideratlons. The estimated cost of phase II is approximately $5,000,000; and WHEREAS, it is proposed to finance the cost of the Project through the issuance of Industrial Develop- ment Revenue Bonds, Series 1981 (Klauer Manufacturing Company Pro- ject) of the Issuer in an aggregate prln- cipal amount not to exceed $7,000,000 (the "Bonds") and to loan said amount to the Company under a Loan Agree- ment between the Issuer and the Com- pany the obligation of which will be sufficient to pay the principal of and redemption premium, if anyi and inter- est on the Bonds as and when the same shall be due and payable; and WHEREAS, before the Bonds may be issued, it is necessary to conduct a public hearing on the proposal to issue the Bonds, all as required and pro- vided for by Section 419.9 of the Act; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the Issuer, as follows: Section 1. This Council shall meet at the Council Chambers in CiVy Hall in Dubuque, Iowa, on the 9th day of No- vember, 1981, at 4:30 o'clock, p.m., at which time and place a public hearing shall be held on the proposal to issue the Bonds referred to in the preamble hereof, at which hearing all local real. dents who appear shall be given an op- portunity to express their views for or against the proposal to issue the Bonds. Section 2. The Clerk is hereby db rected to give notice of intention to issue the Bonds, setting forth the amount and purpose thereof, the time when and place where the hearing will be held, by publication at least once not less than fifteen (15) days prior to the date fixed for the hearing, in the Telegraph Herald, a newspaper pub- lished and having a general circulation within the Issuer. The notice shall be in substantially the following NOTICE OF INTENTION TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS SERIES 1981 Klauer Manufacturing Company Pro. ject) The City Council of the City of Du- buque, Iowa, (the "Issuer") will meet on the 9th day of November, 1981, at Council Chambers, City Hall in Dubu- que, Iowa, at 4:30 o'clock, p.m., for the purpose of conducting a public hearing on the proposal to issue Industrial De- velopment Revenue Bonds, Series 1981 (Klauer Manufacturing Company Project) of the Issuer, in an aggregate principal amount not to exceed $7,000,000 (the "Bonds"), and to loan said amount to Klauer Manufacturing Company (the "Company"), an Iowa corporation, for the purpose of defray- lng the cost, to that amount, of the ac- quisition by construction or purchase of land, buildings, equipment and im- provements suitable for use as a warehousing and manufacturing facill- ty, to be located within the Issuer, The Project is anticipated to be completed in two or more phases. The first phase is presently intended to consist of the acquisition of land and construct'mg and equipping of warehouse to be con- structed according to manufacturing design. The estimated cost of phase I .is approximately $2,000,000. The se- cond phase of the Project consists of Special Session the acquiring of land and constructing and equipping and improving a manufacturing and office facility and this phase may be further divided into separate phases taking into account design, construction, cost and borrow- lng considerations. The estimated cost of phase II is approximately $5,000,000. The Bonds~ when issued, will be limited obligations and will not constitute general obligations of the Issuer nor wis they be payable in any manner by taxation, but the Bonds will be payable solely and only from amounts received by the Issuer under a Loan Agreement between the Issuer and the Company, the obligation of which will be sufficient to pay the prin- cipal of and interest and redemption premium, if any, on the Bonds as and when the same shall become due. At the time and place fixed for said public hearing ali local residents who appear will be given an opportunity to express their views for or against the proposal to issue the Bonds, and at the hearing or any adjournment thereof, the Issuer shall adopt a resolution de- termining whether or not to proceed with the issuance of the Bonds. By order of the City Council, this 19th day of October, 1981. Mary A. Davis City Clerk Section 3. Ail resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Passed, adopted and approved this 19th day of October, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Folderman moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farreli, Felderman, Pratt. Nays--None. Communication of Attorney Hal F. Reynolds, on behalf of Frommelt In- dustries, submitting documents rela- tive to issuance of Industrial Revenue Bonds for Frommelt Industries, pre- sented and read. Council Member Pratt moved that the communication be received and fil- ed. Seconded by Counc'd Member Brady. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Octo~rl9,1~l ~1 RESOLUTION NO. 318-81 A Resolution Authorizing the Execu- tion of a Memorandum of Agreement with Frommelt Industries, Inc. WHEREAS, the City of Dubuque, Iowa, in the County of Dubuque, State of Iowa (the "Issuer") is an incorpor- ated municipality authorized and em- powered by the provisions of Chapter 419 of the Code of Iowa, 1981, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improve- ments and equipment, or any interest therein, suitable for the use of any in- dustry or industries for the manufac- turing, processing or assembling of any agricultural or manufactured pro- ducts or of any commercial enterprise engaged in storing, warehousing or distributing products of agriculture, mining or industry, or of a national, regional or divisional headquarters fa- cility of a company that does multi- state business; and WHEREAS, the Issuer has been re- quested by Frommelt Industries, Inc. (the "Company") to issue its revenue bonds pursuant to the Act for the pur- pose of financing the acquisition by construction or purchase of buildings, equipment and improvements suitable for use as a manufacturing plant for material handling equipment (the "Project"), located within the Issuer; and WHEREAS, a Memorandi~m of Agreement in the form and with the contents set forth in Exhibit A at- tached hereto, has been presented to the Issuer under the terms ~f which the Issuer agrees, subject to the provi- sions of such Agreement, to pursue proceedings necessary under the Act to issue its revenue bonds for such pur- pose; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the Section 1. The Memorandum of Agreement in the form and with the contents set forth in Exhibit A at- t~ched hereto be and the same is here- by approved and the Mayor is hereby authorized to execute said Memoran- dura of Agreement and the Clerk is hereby authorized to attest the same and to affix the seal of the Issuer there- to, said Memorandum of Agreement which constitutes and is hereby made a part of this Resolution to be in sub- stontially the form, text and contain. 452 Special Session, October 19,1981 lng the provisions set forth in Exhibit A attached hereto. Section 2. Officials of the Issuer are hereby authorized to take such further action as may be necessary to carry out the intent and purpose of the Mem- orandum of Agreemen~ Section 3. That all resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Passed, adopted and approved this 19th day of October, 1981. D. Michael Ring 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- bets Brady, Farrell, Felderman, Pratt. Nays--None. RESOLUTION NO. 319-81 Resolution Fixing a Date for Hearing on Proposed Industrial Development Revenue Bonds, Series 1981 (From- melt Industries, Inc. Project). WHEREAS, the City of Dubuque, in the County of Dubuque, State of Iowa (the "Issuer"), is an incorporated municipality authorized and empow- ered by the provisions of Chapter 419 of the Code of Iowa, 1981, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of ac- quirlng, by construction or purchase, land, buildings, improvements and equipment or any interest therein suitable for the use of any industry or industries for the manufacturing, pro- ceeaing or assembling of any agricul- tural or manufactured products or of any commercial enterprise engaged in storing, warehousing or distributing products of agriculture, mining or in- dustry, or of a national, regional or divisional headquarters facility of a company that does multistate busi- ness; and WHEREAS, the Issuer has been re. quested by Frommelt Industries, Inc. Itbe "Company"), an Iowa corpora- tion, to issue its revenue bonds to finance the cost of the acquialtinn by construction or purchase of buildings, equipment and improvements suitable for use as a manufacturing plant for material handling equipment (the "Project") located within the Issuer which will promote the weffare of the Issuer and its citizens; and WHEREAS, it is proposed to finance the cost of the Project through the issuance of Industrial Develop- ment Revenue Bonds, Series 1981 (Frommelt Industries, Inc. Project) of the Issuer in an aggregate principal amount not to exceed $5,000,000 (the "Bonds") and to loan said amount to the Company under a Loan Agreement between the Issuer and the Company the obligation of which will be suffi- cient to pay th, e principal of and re- demptinn prenuum, if any, and inter- est on the Bonds as and when the same shall be due and payable; and WHEREAS, before the Bonds may be issued, it is necessary to conduct a public hearing on the proposal to issue the Bonds, all as required and provid- ed for by Section 419.9 of the Act; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the Issuer, as follows: Section 1. This Council shall meet at the Council Chambers in City Hall in Dubuque, Iowa, on the 9th day of November, 1981, at 7:30 o'clock, p.m., at which time and place a public hea~ lng shall be held on the proposal to issue the Bonds referred to in the pre- amble hereof, at which hearing all local residents who appear shall be given an opportuniVy to express their views for or against the proposal to issue the Bonds. Section 2. The Clerk is hereby dj- rected to give notice of intention to issue the Bonds, setting forth the amount and purpose thereof, the time when and p/ace where the hearing will be held, by publleaHon at least once not less than fifteen (15) days prior to the date fixed for the hearing, in the Telegraph Herald~ a newspaper pub- lished and having a general circulation within the Issuer. The notice shall be in substantially the following ferry. NOTICE OF INTENTION TO ISSUE INDUSTRIAL DEVELOP- MENT REVENUE BONDS SERIES 1981 (Frommelt Industries, Inc. Project) The City Council of the City of Du- buque, Iowa, (the "Issuer") will meet on the 9th day of November, 1981, at Council Chambers in City Hail in Dubuque, Iowa, at 4:30 o'clock p.m., for the purpose of conducting a public hearing on the proposal to issue Indus- trial Development Revenue Bonds, Series 1981 (Frommelt Industries, Inc. Project) of the Issuer, in an aggregate ~principal amount not to exceed SpecialSessio~ $5,000,000 (the "Bonds"), and to loan said amount to Frommelt Industries, Inc. (the "Compeny"), an Iowa corpor- ation, for the purpose of defraying the cost, to that amount, of the acquisition by construction or purchase of bnild- ings, equipment and improvements suitable for use as a manufacturing plant for material handling equipment, to be located within the Issuer. The Bonds, when issued, will be limited ob~ ligations and will not constitute gen- eral obligations of the Issuer nor will they be payable in any manner by tax- ation, but the Bonds will be payable solely and only from amounts received by the Issuer under a Loan Agreement between the Issuer and the Company, the obligation of which will be suffi- cient to pay the principal of and inter- est and redemption premium, if any, on the Bonds as and when the same shah become due. At the time and place fixed for said public hearing ali local residents who appear will be given an opportunity to express their views for or against the proposal to issue the Bonds, and at the hearing or any adjournment thereof, the Issuer shall adopt a resolution de- termining whether or not to proceed with the issuance of the Bonds. By order of the City Council, this 19th day of October, 1981. Mary A. Davis City Clerk Section 3. All resolutions and parts thereof in conffict herewith are hereby repealed to the extent of such conflic~ Passed, adopted and approved this 19th day of October, 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. Communication of P & Z approving of property located south of the entry to Terrace Heights Mobile Home Park from R-4 PUD to C-2 classification, presented and read. Council Member Felderman moved that the communication be received and filed. Seconded by Courted Mem- ber Farrell. Carried by the following Yeas--Mayor King, Council Mem- October 19, 1981 453 hers Brady, Farreil, Felderman, Pratt. Nays--None, AN ORDINANCE of the City of Du- buque, 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 reclassifying "That portion of Lot 1-D of Terrace Heights Subdivision in the City of Du- buque, Iowa, extending 200 feet south from Flamingo Road and 131 feet west from Peru Road," located south of the entry to Terrace Heights Mobile Home Park on Peru Road from R-4 PUD Multi-Family Residential Planned Unit Development District Classifica- tion to C-2 Local Service Commercial District classification, presented and read. Council Member Falderman moved that this reading be considered the first reading of the Ordinance. Second- ed by Council Member Farrell. Carried by the following vote: Yeas--Mayer King, Council Mem- bers Brady, Farreil, Falderman, 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- bers Brady, Farrell, Felderman, Pratt. Nays--None. Council Member Falderman moved that a Public Hearing be held on the Ordinance on November 16, 1981 at 7:30 p.m. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the Hearing in the manner prescribed by law. Seconded by Council Member Far- tell. Carried by the following vote: Yeas--Mayor King, Council Mem- hars Brady, Farreli, Falderman, Pratt. Nays--None. Communication of P & Z recom- mending adoption of an mn~ndment to Zoning Ordinance relating to C-6 Plan- ned Commercial District, presented and read, Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Farreli. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, FarrelL Felderman, Pratt. Nays--None. Special Sessio~, October 19, 1981 AN ORDINANCE of the City of Du- buque, 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 a New Section 4-117.2, 7) of Article IV there- of, to allow Hotels and Motels as per- mitted uses in a C-6 Planned Commer- cial District, and by Repealing the Schedule of District Regulations as set forth in Section 4-117.5 of Article IV and Enacting a New Schedule of Dis* trict Regulations in lieu thereof, to modify the required set back and max- (mum building height requirements of the C~6 Planned Commercial District, presented and read. Council Member Pratt moved that the reading just had be considered th~ first reading of the Ordinance. Second- ed by Council Member Farreli. Carried by tho following vote: Yeas--Mayor King, Council Mem- bors Brady, FarreL1, Fsiderman, Pratt. Nays--None. Council Member Pratt moved that tho 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 Farreil. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Forte(l, Felderman, Pratt. Nays--None. Council Member Pratt moved that a Public Hearing be held on the Ordi- nanee on November 16, 1981 at 7:30 p.m. in the Council Chamber at tho 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 Farreli. Carried by the following vote: Yeas--Mayor King, Council Mom- bors Brady, Farrell, Felderman, Pratt. Nays--None. Communication of P & Z recom. mending conditional approval of pre- limlnary development plan and tents. rive reclassification to C-6 Planned Commercial District, presented and read. Council Member Farreli moved that the communication be received and fried. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bors Brady, Forte(l, Feiderman, Pratt. Nays--None. AN ORDINANCE of the City of Du- buque, 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 reclassifying the following described property: "Wachter Place in Center Grove; Lot 1-! of Wacker Drive Place; Lot 1-1-1-1- 1-1-1-1-2-1-1 of Hawkeye Stock Farm; Lot 2-1-1-1-1-1-1-1-2-1-! of Hawkeye Stock Farm; Lot 2-1-1-1-2-1-1 of Hawk- eye Stock Farm; Lot 2-1-2-1-1 of Hawkeye Stock Farm; Lot 2-1-1-1-1-1- 1-2-1-1 of Hawkeye Stock Farm; Lot 1-2-2-2-2-1-1 of Hawkeye Stock Farm; Lot 2-2-2 of Rudolph's Farm; Lot 2 of correction plat of Lot 1 of Mineral Lot 246; Lot 1 of Frank Winders Place in Center Grove; Lot 2 of Frank Winders Place in Center Grove; South Part of Vacated Union Street; Part of Vacated Union Street; Lot 2-2-2 of Hawkeye Stock Farm; and Lot 1-2-2 of Hawkeye Stock Farm, ail lying within Section 27, Township 89 North, Range 2 East of the 5th P.M. hi the City of Dubuque, Iowa," from "C-3 Arterial Business Commercial District" to "C-6 Planned Commercial District" presented and Council Member Farreli moved that the reading just had be considered the first reading of tho Ordinance. Second- ed by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Fsiderman, Pratt. Nays--Nona. Council Member Farreli moved that the rule requiring an Ordinance to be received and read at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bors Brady, Farrell, Fsiderman, Pratt. Nays--Nona. Council Member Farreli moved that a Public Hearing be held on the Ordi- nonce on November 16, 1981 at 7:30 p.n~ in the Council Chamber at the Ci- ty 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 Pratt. Carried by the followhig vote: Yeas--Mayor King, Council Mem- bets Brady, Farrell, Fsiderman, Pratt. Nays--None. Communication of City Manager submitting response to petition re- garding renaming of North Burden and recommending adoption of Ordi- Special Session October 19, 1981 nance changing the name of the street, presented and read. Council Member Fsiderman moved that the communication be received and filed. Seconded by Council Mem- ber Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farreil, Feiderman, Pratt. Nays--None. AN ORDINANCE changing the name of Hogrefe Avenue from the West Property Line of Burden Avenue to ite Westerly Terminus, to North Burden Avenue, 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 Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell. Felderman, Pratt. Nays--None. Council Member Fcldcrman 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 Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Council Member Falderman moved that a Public Hearing be held on the Ordinance on November 16, 1981 at 7:30 p.m. in the Council Chamber at the City Hail and that tbe City Clerk be instructed to publish notice of the Hearing in the manner prescribed by law. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. RESOLUTION NO. 320-81 A Resolution Authorizing the Issu- mice of $1,600,000 in Aggregate Princl- pal Amount of the City of Dubuque, Iowa, Industrial Development Rove- hue Bonds (Inland Molasses Company Project) Series 1981, with the Proceeds from the Sale of the Bonds to be Loaned to Inland Molasses Company, an Iowa Corporation (the "Company"), for the Purpose of Defraying AU or a Portion of tho Cost of an Industrial Development Project within the City Consisting of the Expansion of the Company's Existing Facilities Includ* ing Acquiring, Constructing, Improv- Ing and Equipping Buildings and Im- provements and Aequialtion end In- stallation of Machinery and Equip* merit Therein, All to be Suitable for . Use as a Drying Plant for Drying, Pro- cessing, Storing and Distributing Ag- ricultural, Manufactured, Processed and Related Products (the "Project"); the Execution and Delivery of an In- denture of Trust to Secure Said Bonds; the Execution mid Delivery of a Real Estate Mortgage; the Execu- tion and Delivery of a Certain Security Agreement with the City as the Se- cured Party Thereunder as Additional Security for Said Bonds; the Execu- tion and Delivery of a Loan Agree- ment Between the City and the Com. *any; the Assignment by the City to the Trustee of the Rights and Interest of the City in and to Said Real Estate Mortgage, Said Security Agreement and Said Loan Agreement; the Sale of Said Bonds; Appointment of a Trus- tee; and Related Matters. WHEREAS, the City of Dubuque, Iowa, a municipal corporation duly or- ganized and existing under and by vir- tue of the Constitution and laws of the State of Iowa (the "City'*) proposes to issue its Industrial Development Rev- enue Bonds (Inland Molasses Com- pany Projectt Series 1981, in the ag- [regate principal amount of $1,600,000 (the "Bonds") with the pre- coeds from the sale of the Bonds to be loaned by the City to Inland Molasses Company, an Iowa corporation (the *'Company'*). for the purpose of de* fraying all ora portion of the cost of an Industrial Development Project within the City consisting of the ex- pansion of the Company's existing la- ~:ilitiee including acquiring, construct- lng, improving and equipping build- ings and improvements and acquisi- tion and installation of machinery and equipment therein, all to be suitable for use as a drying plant for drying. processing, storing and distxibuting agricultural, manufactured, processed and related products Ithe "Project"), the Project to be owned by Company. with the financing of the Project to be undertaken in accordance with the provisions of Chapter 419 of the Cede of Iowa (the "Act"); and WHEREAS, the Bonds are t~ be issued pursuant to provisions of an In- denture of Trust (the "Indenture") dated as of October 1, 1981. between the City and American Trust and Sav- ings Bank, Dubuque, Iowa, ao Trustee thereunder (the "Trustee'*); and WHEREAS. the proceeds from the sale of the Bonds are to be loaned by the City to the Company pursuant to Special Session, October 19, 1981 provisions of a Loan Agreement (the "Loan Agreement") dated as of Octo- ber 1, 1981, between the City and the Company; and WHEREAS, as additional security for payment of the Bonds, the Com- pany has agreed to execute a Real Estate Mortgage (the "Mortgage") dated as of October 1, 1981, between the Company (as the mortgagor) and the City (as the mortgagee) thereun- der, pursuant to which the Company grants and conveys to the City a mort- gage lien in the real estate described in the Mortgage, subject to Perraitted Encumbrances; and WHEREAS, as additional security for payment of the Bonds, the Com- pany has agreed to execute a Security Agreement dated as of October L 1981 (the "Security Agreement"), between Company as Debtor, and the City as Secured Party, pursuant to which the Company grants and conveys to the City a security interest in all machin- ery, equipment and other personal pro- perty described in the Security Agree- ment, and the City, pursuant to the Assignment of Security Agreement dated as of October 1, 1981 (the "Assignment") will assign its rights and interest in the Security Agree- ment to the Trustee as additional se- curity for the Bonds; and WHEREAS, the rights and interest of the City in and to the Loan Agree- ment, the Mortgage and the Security Agreement will be assigned by the City to the Trustee pursuant to the In- denture; and WHEREAS, pursuant to published notice of intention this City Council has conducted a public hearing, as re- quired by Section 419,9 of the Act, and this City Council has deemed it to be in the best interests of the City that the Bonds be issued az proposed; and WHEREAS~ the City has arranged for the sale of the Bonds to Leonard M. Siegel, Narberth, Pennsylvania; American Bank & Trust Co., Dubuque, Iowa; Robert Pieder, Narbeth, Penn- sylvania; Irving Gottlieb, Jenkintown Pennsylvania; and Walter Marine Philadelphia, Pennsylvania (the "Orig- ina) Purchasers"); and WHEREAS, there has been pre- sented to this meeting the following documents, which the City proposes to enter into: 1. The form of Loan Agreement, be- tween the City and Company; and 2. The form of Indenture between the City and the Trustee setting forth the terms of the Bonds including (with- out limitation) the maturity dates, rates of interest and redemption provi- sions, and the conditions and security for payment of the Bonds; and 3. The form of Bond Purchase Agreements, dated October 19, 1981 (the "Bond Purchase Agreements"), by and among the Original Purchas- ers, the City and the Company relating to the issuance, sale and purchase of the Bonds; and 4. The form of the Mortgage and the Assignment thereof; and 5. The form of Security Agreement and the Assignment thereof; and 6. The form of an Inducement and Indemnity Letter dated October 19, 1981 {the "Inducement Letter") from the Company to the City and Ameri- can Trust and Savings Bank, for and on behalf of the Original Purchasers; and 7. The form of the Bonds, as set forth in the Indenture. WHEREAS, it appears that each of the instruments above referred to, which are now before each of the Coun- cfi Members of the City Council, is in appropriate form and is an appropriate instrument for the purposes intended; NOW, THEREFORE, Be It Re- solved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That the City defray the costs of acquiring, constructing, ~roving and equipping the Project by issuing the Bonds and loaning the pro- eeeds of the sale of the Bonds to Com~ pany. Section 2. That in order to defray the costs of the Projec~ the issuance of the Bonds in the aggregate principal amount of $1,600,000, maturing on such dates, in such amounts and bear- lng rates of interest as set forth in the Indenture, in substantially the form and content s~t forth in the Indenture now before this meeting, subject to ap- propriate insertion and revision in order to comply with provisions of the Indenture, be and the same hereby ar~ in all respects authorized, approved and confirmed, and the form and con- tent of the Bonds set forth in the In- denture now before this meeting be and the same hereby are in all respects authorized, approved and confirmed, and the Mayor and th~ City Clerk be and they hereby are authorized, em. Special Session October 19, 1981 457 powered and directed to execute, whe- ther by manual or facsimile signatures, impress the official seal of the City (or cause to have printed a facsimile there. o~ thereon and deliver for and on behalf of the City the Bonds to the Trustees for authentication and the Trustee is hereby authorized and dj- rected to authenticate the Bonds, and the provisions of the Indenture with respect to the Bonds (including with- out limitation the maturity dates, rates of interest and redemption provi- siena) be and the same hereby are au- thorized, approved and confirmed and are incorporated herein by reference. Section 3. That the City loan to Com- pany the proceeds from the sale of the Bonds pursuant to the Loan Agree- men~ which provides for repayment by Company of such loan in an amount equal to principal of, premium, if any, and interest on the Bonds when and as due, and the form and content of the Loan Agreemen~ the provisions of which are incorporated herein by refe~ ence, be and the same hereby are in all respects authorized, approved and con. firmed and the Mayor and the City Clerk be and they hereby are author- ized, empowered and directed to exe- cute, attes~ seal and deliver the Loan Agreement prior to or simultaneously with the issuance of the Bonds for and on behalf of the City, including neces- sar)/counterparts in substantially the form and content now before this meet- lng but with such changes, modifies- tions, additions or deletions therein as shall to them seem necessary, desirable or appropriate, their execution thereof to constitute conclusive evidence of their approval of any and all changes, modifications, additions or deletions therein from the form and content of the Loan Agreement now before this meeting, and that from and after the execution and delivery of the Loan Agreemen~ the Mayor and the City Clerh are hereby authorized, empower- ed and directed to do all such acts and things and to execute all such docu- ments as may be necessary to carry out and comply with the provisions of the Loan Agreement as executed, Section 4. That American Trust and Savings Bank. of the City of Dubuque, lowa, is hereby appointed Trustee under the Indenture and the form and content of the Indenture, the provb sions of which are incorporated herein by reference, and the assignment of the City's rights and interest in and to the Loan Agreement (with certain excep- tions as stated in the Indenture) and the form and content of the Security Agreement and the Assignment be and the same hereby are in all respects authorized, approved and confirmed, and the Mayor and the City Clerk be and they hereby are authorized, em- powered and directed to execute, at- test seal and deliver the Indenture, the Security Agreement and the Assign- ment for and~ on behalf of the City to the Trustee for the security of the Bonds and the interest thereon, includ- lng necessary counterparts in substan- tially the form and content now before this meeting but with such changes, modifications, additions and deletions therein as shall to them seem neces- sary, desirable or appropriate, their ex- ecution thereof to constitute conclu- sive evidence of their approval of any and all changes, modifications, addi- tions or deletions therein from the form and content of the Indenture, the Se- curity Agreement and the Assignment now before this meeting, and that from and after the execution and delivery of the Indenture, the Security Agreement and the Assignment, the Mayor and the City Clerk are hereby authorized, empowered, and directed to do ail such acts and things and to execute all such documents as may be necessary to carry out and comply with the provi- sions Of the Indenture, the Security Agreement and the Assignment as ex- ecuted. Section 5. That the form and content of the Mortgage constituting a con- veyance and grant by the Company to the City of a mortgage lien in and to the property subject to the Mortgage and described therein, and the assign- ment to the Trustee of the City's rights and interest in and to the Mortgage, pursuant to the Indenture, be and the same hereby are in all respects autho~ ized, approved and confirmed, and the Mayor and the City Clerk be and they hereby are authorized, empowered and directed to execute, attesg seal and deliver the Mortgage and the Assign- ment for and on behalf of the City, as mortgagee thereunder, including necessary counterparts, in substantiab ly the form and content now before this meeting but with such changes, addi- tions, modifications and deletions therein as shall to them seem neces- sary, desirable or appropriate, their ex- ecution thereof to constitute conclu- sive evidence of their approval of any and all changes, modifications, addi- tions or deletions therein from the form and content of the Mortgage and Assignment now before this meeting and that from and after the execution and delivery of the Mortgage and signmeng the Mayor and City Clerk are hereby author&ed, empowered and Special Session, October 19, 1981 directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Mortgage and Assignment as axe- cured, and the provisions of the Mort- gage and Assignment are hereby in- corporatod herein by reference. Section 6. That the sale of the Bonds to the Original Purehasers at the pu~ chase price set forth in the Bond Pu~ chase Agreements, plus accrued inte~ est if any, from Octoher l, 1981 to date of delivery, is hereby authorized, ap- proved and confirmed and that the form and content of the Bond Purchase Agreements be and the same hereby are, authorized, approved and con. firmed and the Mayor be, and he here- by is, authorized, empowered and dj- retted to execute and deliver to the Original Purchasers the Bond Pu~ chase Agreements for and on behalf of the City, including necessary counte~ parts and the form and content now before this meeting, and that from and after the execution and delivery of the Bond Purchase Agreements, the Mayor and the City Clerk are hereby authorized, empowered and directed to do all such acts and things and to ex- ecute all such documents as may be necessary to carry out and comply with the provisions of the Bond Pu~' chase Agreements. Section 7. That the form and content of the Inducement Letter be and the same hereby are authorized, approved and confirmed and the Mayor be, and he hereby is, authorized, empowered and directed to a~cept the Inducement Letter for and on behalf of the City by execution thereof, including necessary counterparts in the form and content now before this mqeting, and that from and after the execution and delivery of the Inducement Letter, the Mayor and the City Clerk are hereby authorized~ empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provi. siena of the Inducement Letter as axe- cute& ~ Section 8. That the Mayor and the City Clerk of the City be and they here- by are authorized to execute and dolly- er for and on behalf of the City any and all additional certificates, documents, opinions or other papers and perform all other acts (including without limita~ tion the filing of any financing state- manta or any other documents to ere- ate and maintain a security interest on the properties and revenues pledged or assigned under the Indenture, the Loan Agreement the Mortgage and the Security Agreement and the execu- tion of all closing documents as may be required by Messrs. Ahlers, Cooney, Dorweiler, Haynle & Smith, as Bond Counse~ and the acceptance of any documentation evidencing indemnifi- cation of the City by Company in eon. neetion with the transactions contem- plated hereby) as they may deem necessary or appropriate in order to implement and carry out the intent and purposes of this Resolution. Section 9. That the City hereby elects to have the provisions as to the exempt small issue limitation of $10,0~0,000 under Section 103(b) (6) ID) of the Internal Revenue Code of 1954, as amended, apply to the Bonds, and the Mayor or the City Clerk are hereby directed to file or cause to be filed an appropriate statement relating to such election with the InternaI Revenue Se~ vice. Section 10. That the Loan Agree. merit requires Company in each year to pay amounts as Loan Payments suffi- cient to pay the principal of, premium, if any, and interest on the Bonds when and as due, and the payment of such amounts by Company to tho Trustee pursuant to the Loan Agreement is hereby authorized, approved and con. firmed~ Section 11. That the Bonds ar~ limit- ed obligations of the City, payable sole- ly out of the Loan Payments required to be paid by Company pursuant to and in accordance with provisions of the Loan Agreement and as provided in the Indenture, and are secured pu~ suant to and in accordance with provi- sions of the Mortgage, the Security Agreement the Assignment and the Indenture. The Bonds and interest thereon shall never constitute an in. dobtedness of the City, within the meaning of any state constitutional provision or statutory limitation, and shall not give rise to a peeunlary liabib ivy of the City or a charge against its general credit or to~ing powers. Section 12. That the provisions of this Resolution are hereby to be sepa~ able and finny section, phrase or provi: sion shall for any reason be declared to · be invalid, such declaration shall not affect the validity of the remainder of the sections, phrases or provisions. Section 13. All Resolutions and Orders or parts thereof, in conflict herewith are, to the extent of such eon- flint hereby repealed and this Resolu- tion shall be in full force and effect mediately upon its adoptiom Special Session, October 19, 1981 459 Adopted and approved this 19th day of October, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Felderman moved adoption of the Resolution. Seconded by Council Member Farreil. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Farreil, Felderman, Pratt. Nays--Council Member Brady. Communication of City Mgr. sub- mitring Resolution requesting Mayor be authorized to execute Project Agreement with the IDOT for the in- stallation of navigation lights on the 561 Mississippi River Bridge, pre- sented and read. Council Member Farrell moved that the communicatlon be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farreil, Felderman, Pratt. Nays--None. RESOLUTION NO. 321-81 Project Agreement for Installation of Navigation Lights by the Iowa De- partment of Transportation on the 561 City Island Bridge. NOW, THEREFORE, BE IT RE- SOLVED by the City Coupcil of the City of Dubuque, Iowa: Section 1. That the Mayor be autho~ ized to execute an agreement with the Iowa Department of Transportation for the installation of navigation lights on the Freeway 561 Mississippi River bridge, identified as lowa Department of Transportation Agreement Number 81-16-114. Passed, adopted and approved this 19th day of October, 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, Farrefi, Felderman, Pratt. Nays--None. Communication of City Mgr. sub- mitting Ordinance authorizing Ed Turnquist Inc. to install a curb cut and handicap ramp on llth St., presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Felderman. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Feiderman, Pratt. Nays--None. ORDINANCE NO. 55-81 AN ORDINANCE AUTHORIZING ED TURNQUIST CO., INC. TO CON- STRUCT A CURB CUT AND HAN- DICAP RAMP FOR MOVING MER- CHANDISE INTO AND OUT OF THE STORE, WITH ALL LOADING OF TRUCKS AND VEHICLES RE- STRICTED TO THE ALLEY, pre. sented 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, Farroil, 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 Felderman. Car- ried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. ORDINANCE NO. 55-81 AN ORDINANCE AUTHORIZING Ed Turnquist Co., lac., to construct a curl) cut and handicap ramp lb~' mov- ing merchandise into and out of the store, with all loading of trucks and vehicles restricted to the alley. NOW, THEREFORE, BE IT ORI)AINED BY THE CITY COUN- CIL OF THE CITY OF I)UB/IQUE, IOWA: Section I. That Ed Turoquist Co., 460 Special Seasio~ October 19, 1981 out of the store, with all loading of trucks and vehicles restricted to the alley under the terms and conditions set forth in this Ordinance. Section 2. That such construction shall be done in accordance with plans heretofore submitted by permittees and approved by the City Manager, under the supervision and direction of the City Manager, and in accordance with ail applicable State and Federal laws and regulations, and the Ordfuances of she ~lty of Dubuque. Section 3. That the permission herein granted is expressly conditioned on pennlttee's agreement to: a. Assume any and all liability for dmnages to persol~s or property which may result from the existence, location, installation, construction or maintenance of said curb cut and handicap ramp for moving merchan- dise into and out of the store, with all loading of trucks and vehicles res- tricted to the alley; b. Pay on behalf of the City of Dubuque, all sums which the City of Dubuque shall become obligated to pay by reason of the liability imposed upon the City of Dubuque for dam- ages of any kind resulting from the location, installation, existence, con- straction or maintenance of said curb cut and handicap ramp for moving merchandise into and out of the store, with all loading of trucks and vehicles restricted to the alley, sus- tained by any person or persons, caused by accident or otherwise to defend at its own expense and on .behalf of said City any claim against the City of Dubuque arising out of the location, instal]aflon, existence, construction or maintenance of said curb cut and handicap ramp for moving merchandise into and out of the store, with all loading of trucks and vehicles restricted to the alley, and to pay reasonable attorney fees therefore; and c. Indemnify and hold the City of Dubuque free and harmless from any and all clairas, loss, liability and expense for death and/or injuries to third persons or damages to property of third persons, or for damage to any property of tbe City of Dubuque which may occur as a result of or in connection with the location, instal- latinn, construction, maintenance and repair of the facility, work or improvement permitted herein. Section 4. That the permission herein granted is expressly conditioned upon permlttee's further agreement that should the right and privilege herein granted be rescinded or revoked by the City Council, permlttees, or sheir successors in interest, as owners of the abutting property, shall within ten (10) days after receipt of written notice from the City Manager, so to do, at their own expense, remove said curb cut and handicap ramp for mov- ing merchandise into and out of the store, with ali loading of trucks a~nd vehicles restricted to the alley, and in the event of their failure so to do, the City of Dubuque shall be authorized to remove said curb cut and handicap ramp for moving merchandise into and out of the store, with all loading of trucks and vehicles restricted to the alley at permittee's expense, and dis- pose of the same, and the permittee shall have no claim against the City or its agents for damages resulting from the removal of said curb cut and hand- icap ramp for moving merchandise into and out of the store, with all loading of trucks and vehicles restricted to the alley~ Section 5. That permittees conven- ant and agree that the revocable per- mit herein granted does not constitute an approval of the design, erection, location, construction, repair or main- tenance of s~ed facility, ~d said per- mittees hereby convenant and agree not to assert such claim or defense against the City of Dubuque in tlte event of clahn asserted for death, per- sonal injuries and/or property damage against the permlttees arising out of or in any way connected with the loca- tion, installation, construction, design, repair and mahltenance of the facility herein permitted. Section 6. This Ordinance shall become effective and the rights hereun- der accrue to Ed Turnquist Co., Inc., when this Ordinance has been adopted by the City Council m~d the terms and conditions thereof accepted by permit- tees by acceptance endorsed on this Ordinance. Section 7. That the City Clerk be and is hereby authorized and dh~cted to file at permittoe's expense, a copy of tlfis Ordinance in the office of the Recorder in and for said Dubuque County, Iowa. PASSED, APPROVED AND ADOPTED THIS 19th day of Octo- ber, 1981. D. Michael King MAYOR ATTEST: M~ A. Davis City Clerk ~CCEPTANCE OF ORDINANCE NO.55-81 The undersigned having read and being familiar with the terms and con- Special Session, October 19, 1981 461 ditions of Ordinance No. 55-81 hereby, for themselves, their succesors or assigns, as owners of the abutting prop- erty, accept the same and agree to be bound by the conditions and agree- ments therein contained to be per- fo~m~ed by permit tees. Dated: October 19, 1981 BY: Neis Turnquist President or Vice-President or Property Owner BY: Nels Turnquist Secretary or other Officer Published officially in the Telegraph Herald this 27th day of October, 1981. Mary A. Davis City Clerk 1 t 10/27 Council Member Pratt moved final adoption of the Ordinance. Seconded by Council Member Felderman. Car- ried by the fo]lowing vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Communication of P & Z approving final plats (3) of Sub. of Lot 1-A of Sub. of Lot A "Embassy West" and Sub. of Lot 2-A of Sub. of Lot a of "Embassy West" and Sub. of Lot I of Lot 3 in Byrne's Sub., Lot 2 of the S.W. ¼ of the N.W. ¼ Section 28, Lot 2 of the N.W. ¼ of ~he S.W. ¼ Section 28 and Lot 1 of N.W. ~A of the S.W. ¼ Section 28, Twp. 89 NR2 in order to establish transferring property to the City for the right of way acquisition of the Northwest Arterial, presented and read. Council Member Felderman moved that the communication 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. RESOLUTION NO, 322-81 A Resolution Approving the Plat of the Subdivision of Lot lA of the Sub- division of Lot A of "Embassy West" in the City Of Dubuque, Iowa. WHEREAS, there has been filed with the City Clerk a plat of the subdi- vision of Lot lA of the Subdivision of Lot A of "Embassy West" in the City of Dubuque, Iowa; and WHEREAS, said plat has been ex- amined by.the City Planning and Zen- lng Commission and had its approval endorsed thereon; and WHEREAS, said plat has been ex- amined by the City Council and they find that the same conforms to sta- tutes and ordinances relating thereto. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat of the subdi- vision of Lot IA of the Subdivision of .Lot A of "Embassy West" in the City.. of Dubuque, Iowa, be and the same is hereby approved and th~ Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said plat. Passed, adopted and approved this 19th day of October, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Felderman moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farreli, Felderman, Pratt. Nays--None. RESOLUTION NO. 323-81 A Resolution Approving the Plat of the Subdivision of Lot 2A of the Sub- division of Lot A of "Embassy West" in the City of Dubuque, Iowa. WHEREAS, there has been filed with the City Clerk a plat of the subdi- vision of Lot 2A of the Subdivision of Lot A of "Embassy West" in the City of Dubuque, Iowa; and WHEREAS, said plat has been ex- amined by the City Planning and Zen- hig Commission and had its approval endorsed thereon; and WHEREAS, said plat has been ex- amined by the City Council and they find that the same conforms to sta- tutes and ordinances relating thereto. NOW, THEREFORE, BE I~ RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1, That the plat of the subdi- vision of Lot 2A of the Subdivision of Lot A of "Embassy West" in the City of Dubuque, Iowa, be and the same is hereby approved and the Mayor and City Cl~rk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said plat. Passed, adopted and approved this 19th day of October, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Felderman moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. RESOLUTION NO. 324-81 A.Resointlon Approving the Plat of th~ Subdivision of Lot 1 of Lot 3 in Byrne's Subdivision, Lot 2 of the SW ¼ of the NW ¼ of Section 28, T89N, R2E, Lot 2 of the NW ¼ of the SW ~A of Section 28, T89N, R2E, and Lot 1 of the NW ~A of the SW ~A of Section 28, T89N, R2E in the City of Dubuque, WHEREAS, there has been filed with the City Clerk a plat of the subdi- vision of Lot 1 of Lot 3 in Byrne's Sub- division, Lot 2 of tho SW ¼ of the NW ¼ of Section 28, T89N, R2E, Lot 2 of the NW ¼ of the SW ¼ of Section 28 T89N, R2E, and Lot I of the NW ~A of the SW 1/4 of Section 28, T89N, R2E in the City of Dubuque, Iowa; and WHEREAS, said plat has been en- dorsed by the City Planning and Zon- ing Commission and had its approval endorsed thereon; and · WHEREAS, said plat has been ex- amined by the City Council and they find that the same conforms to sta- tutes and ordinances relating thereto. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat of the subdi- vision of Lot i of Lot 3 in Byrne's Sub- division, Lot 2 of the SW V~ of the NW ~ of Section 28~ T89N, R2E, Lot 2 of the NW ~ of the SW ~ of Section 28, T89N, R2E, and Lot I of the NW ~ of the SW ~ of Section 28, T89N, R2E in the City of Dubuque, Iowa, be and the same is hereby approved and the Mayor and City Cler~ are hereby au- tharized and directed ~o endorse the approval of the City of Duhaque, Iowa upon said plat. Passed, adopted and approved this 19th day of October, 1981. D. Michael King Mayor ATTEST: Mary A. Davis Special Session, October 19, 1981 City Clerk Council Member Feldermou moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bars Brady, Farrell, Felderman, Pratt. Nays--None. Communication of P & Z approving final plat of Sub. of Lot 1-1-1 of the Correction Plat of Lot i of M.L. 246 cared at 90 John F. Kennedy Rd. as re- quested by Wilson and Arthofer, pre- sented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Felderman. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Feldarman, Pratt. Nays--None. RESOLUTION NO. 325-81 Resolution Approving Plat of the Sub- division of Lot 1 of Lot 1 of Lot 1 of the Correction Plat of Lot 1 of Mineral Lot 246 in the City of Dubuque, Iowa. WHEREAS, there has been filed with the City Clerk a plat of the subdi- vision of Lot 1 of Lot 1 of Lot I of the correction plat of Lot 1 of Mineral Lot 246 in the City of Dubuque, Iowa; and WHEREAS, said plat has been amined by the City Planning and Zon- ing Commission and they find that the same conforms to the statutes and or- dinances relating thereto; and WHEREAS, the City Planning and Zoning Commission has further found that there is adequate access to each lot and that the public interest would be served by restricting additional driveways in this area; and WHEREAS, said plat has been ap- proved by the City Planning and Zen- lng Commission subject to restrictions on drive openings; and WHEREAS, said plat has been amined by the City Council and they find the same conforms to the statutes and ordinances relating thereto; and WHEREAS, the City Council con- curs hi 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: Special Session Section 1. That the above-described plat be and the same is hereby approv- ed and the Mayor and Clerk be and are hereby authorized and directed to an- dares the approval of tha City of Dubu- qua upon said plat, provided that the owner of~aid property shall execute a written acceptance hereto attached, acknowledging and agreeing: a/That Lot 1 and Lot 2 of said plat shall share an existing drive located on the common lot line and that no new drive openings will be allowed. Section 2. That in the event the owner fails to execute the Acceptance provided for in Section I herein within forty-five (45) days after the date of this Resolution, the provisions herein shall be null and void and the approval of the Plat shall not be effective. Passed, adopted and approved this 19th day of October, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk ACCEPTANCE OF RESOLUTION NO. 325-81 We, the undersigned Charles L. Ar- thofer and Joyce M. Arthofer and John P. Wilson and Ruth A. Wilson having read the terms and conditions of the foregoing Resolution No. 325-81 and being familiar with the conditions thereof, hereby accept the same and agree to the condition required therein. Dated at Dubuque, Iowa this 26th day of October, 1981. Charles L. Arthofer Joyce M. Arthofer John P. Wilson Ruth A. Wilson Council Member Pratt moved adol~ tion of the Resolution. Seconded by Council Member Felderman. Carried by tlie following vote: Yeas--Mayor King, Council Mem- bers Brady, Farreli, Felderman, Pratt. Nays--None. Communication of P & Z approving final plat of Lots 1 and 2 of Luedtke's Sub. located south of Marion St. as re- quested by Meta M. Luedtke, present~ ed and read. Council Member Falderman moved that the communic~tiou be received and filed. Seconded by Council Mem- bar Farrell. Carried by the following yeas--Mayor King, Council Mem- bers Brady, FarrelL Falderman, Pratt. Nays--None. October 19, 1981 463 RESOLUTION NO. 326-81 Resolution Approving Plat of Lot 1 and Lot 2 of Luedtke Subdivision in the City of Dubuque, Iowa. WHEREAS, there has been filed with the City Clerk a plat of Lot 1 and Lot 2 of Luedtke Subdivision in the City of Dubuque, Iowa; and WHEREAS, said plat has been ex- amined by the City Planning and Zon- ing Commission and they find that the same conforms to the statutes and or- dinances relating thereto, except that the proposed lots do not have the mini- mum 60 foot frontage on a public tight of way; and WHEREAS, the City Planning and Zoning Commission finds that this plat represents a special instance where a modification of Ordinance re- quiremente will carry out its purposes and intent; and WHEREAS, said plat has been ap- proved by the City Planning and Zon- ing Commission with a minimum frontage of 12.5 feet per lot subject to certain conditions; and wHEREAS, said plat has been ex- amined by the City Council and they find the same conforms to the statutes and ordinances relating thereto; and WHEREAS, the City Council con- curs in the condition of approval estab- lisbed by the City Planning and Zon- ing Commission; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the above.described plat be and the same is hereby ap- proved and the Mayor and Clerk be and are hereby authorized and directed to endorse the approval of the City of Dubuque upon said pla~ provided that the owner of said property shall ex- ecute a written acceptance hereto at- tached, acknowledging and agreeing: a) That a common access drive will be provided and paved to a width of 20 feet terminating with an adequate turn around~ b) That a perpetual easement will be established to both lots which allows access to the City for provision of necessary and customary services; c) That the private road maintenance requirements will be filed with tha final Iplab' and d) That the drive design, curb and Special Session, October 19, 1981 sidewalk r~construetion will be ap- proved by the City Engineer. Section 2. That in the event the own- er fails to execute the Acceptance pro- vided for in Section I herein within forty-five (45) days after the date of this Resolution, the provisions herein shall be null and void and the approval of the Plat shall not be effective. Passed, adopted and approved this 19th day of October, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk ACCEPTANCE OF RESOLUTION NO. 326-8! I, the undersigned Meta M. Lued~ tke, having read the terms and condi- tions of the foregoing Resolution No. 326-81 and being familiar with the con- dition thereof, hereby accept the same and agree to the condition required therein. Dated at Dubuque, Iowa this 26th day of October, 1981. Meta M. Luedtke Council Member Feldecman moved adoption of the Resolution. Seconded by Council Member Farreil. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farreil, Felderman, Pratt. Nays--None. RESOLUTION NO. 327.81 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. Barton's IOCO 1399 White Passed, adopted and approved this 19th day of October, 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, Farreli, Felderman, Pratt. Nays--None. RESOLUTION NO. 328-81 WHEREAS, Applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approv- ed; and WHEREAS, The premises to be oc- cupied by such applicants were in- spected and found to comply with the Ordinances of this City and have filed )roper 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 Loras College 1450 Alta Vista- TFMCo. 51 W. 32nd (Also Sunday Sales) CLASS "C" BEER PERMIT Nash Finch Co. J.F.K. Rd. Hwy. 20 West Passed, adopted and approved this 19th day of October, 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. RESOLUTION NO. 329-81 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 occupied by such applicants were in- spected and found to comply with the State Law and ali 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- agec be authorized to cause to be is- sued to the following named appli- cants a Liquor License. CLASS "B" (HOTEL MOTEL) BEER AND LIQUOR LICENSE Anthony A. & Betty O. Heiling 701 Dodge Street CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Nelda L. Doty 1091 Main (Also Sunday Sales) William J. Murphy 139 Locust (Also Sunday Sales) Special Sesslol~ Passed, adopted and approved this 19th day of October, 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, Farreli, Felderman, Pratt. Nays--None. MINUTES SUBMITTED: Civil Ser- vice Comm. of 9-30; Historic Preserva- tion Comm. of 8-11 & 9-29; Library Board of 9-24 & 9-28; Park Board of 9-11 and 10-9; Trousit Bd. of 9-10; Rec- reation Comm. of 9-14; Transit Board's Statement for month of Sept., 1981, presented and read. Council Member Farreil 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. Proof of publication, certified to by the Publisher, of City of Dubuque's Annual Financial Report for fiscal year ending June 30, 1981, presented and read. Council Member Farrell moved that the proof of publication be received and filed. Seconded by Council Mem- har Pratt. Carried by the following vote: Yeas--Mayor King. Council Mere- hats Brady. Farreli. Felderman. Pratt. Nays--None. NOTICES OF CLAIMS: Rose Marie Walsh and LaVerne D. Ibeling. in amounts of $1,302.12 and $247.78 for vehicle damages; Karl L. Behning, in undetermined amount for personal in- jury; Katherine Marie Day. in est. amount of $231.22 for vehicle damag- es; Colleen Flynn, in est. amount of $1,049.41 for vehicle damages; Rita Johnson, in est. amount of $185.18 for vehicle damages; Tins Meier in unde- termined amount for vehicle damages; Dave Schmelzer, in amount of $25.75 for backed-up sewer damages; Mrs. Rayse Stuart, in amt. of $20,000 for personal injuries; Mr. Wm. Unser, in amount of $125,000 for damages to boat; Leo Dix, in undetermined amount for backed-up sewer damages; Steila P. Berlage, in est. amount of $471.09 for vehicle damages; Frank T. Atklnson, in est. amount of $221.40 October 19, 1981 465 for vehicle damages, presented and read. Council Member Farreil moved that the claims and suits be referred to the Corporation Counsel for investigation and report. Seconded by Council Mem- ber Pratt. Carried by the foliowing vote: Yeas--Mayor King. Council Mem- bers Brady, Farreli, Felderman, Pratt. Nays--None. Communication of Corporation Counsel recommending payment of $30.00 to Maynard J. Johannsen for court costs, presented and read. Council Member Farreil moved that the communication be received and filed and costs approved and Finance Director to issue proper check. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Communication of Lucille Hess, 450 Haydens Lane, objecting to lights being taken out in the 4th Street area, presented and read. Council Member Farreil moved that the communication be received and filed and matter be referred to the City Manager. Seconded by Council Mem- ber Pratt. Carried by the foliowing Yeas--Mayor King, Council Mem- bers Brady, Farreli. Felderman, Pratt. Nays--None. Communication of County Board of Supervisors certifying results of elec- tion held on September 8, 1981 approv- lng Cable Franchise to Teleprompter Inc. of New York, 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, Farreli, Felderman, Pratt. Nays--None. Communication of Daniel H. De- laney, System Mgr. for Teleprompter of Dubuque, advising of the merger of Teleprompter with Westinghouse, pre- sented and read. Council Member Farrell moved that the communication be received and filed. Seconded by Council Member Pratt. Carried by the foliowing vote: Yeas--Mayor King, Council Mem- bers Brady, Farreli, Felderman, Pratt. Nays--None. Communication of Paul J. Frommelt submitting resignation as member of Dock. Board, presented and read. Council Member Farrell moved tha~ the communication be received and filed and the resignation accepted with regret. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Petition of Jill Pregier et al (52 sign- ers) requesting to extend bus service near the St. Mary's apartments, pre- sented and read. Council Member Ferrell moved that the petition be referred to the City Manager. 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 Walter Pregier, Chairman of Dubuque Transit Bd., re- questing Council to seek changes in legislation that will allow for an in- crease in taxation in order to maintain bus service in Dubuque, presented and 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~ hers B~ady, Farrell, Felderman, Pratt. Nays--None. REFUNDS REQUESTED: Mrs. Wm, Kohl, Jr., requesting refund of $50 on unexpired Cigarette License for IOCO at 1399 White St., presented and read. Council Member Farrell moved that the request be granted and the Finance Director to issue proper check. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- hers Brady, Farrell, Felderman, Pratt. Nays--None. Communication of City Attorney of Cape Girardeau, Mo. submitting copy of Petition for Leave to Intervene and Objection to Suspension of Nonstop and/or Single Plane Service as filed before the Civil Aeronautics Bd., pre- sented and read. Council Member Farrell moved that the communication be referred to the Airport Commission. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Special Session, October 19, 1981 Communication of City Mgr. sub- mitting status report on the Bus Main- tenance Facility, 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. There being no further business, Council Member Farrell moved to ad- ourn. 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 kTTEST: City Clerk 467