1981 November Council Proceedings468 Regular Session, November 2, 1981
CITY COUNCIL
OFFICIAL
Regular Session, November 2, 1981.
Council Met at 7:30 P.M. (C.S.T.)
Present--Mayor King, Council
Members Brady, Farrell, Felderman,
Pratt, City Manager W. Kenneth
Gearhart, Corporation Counsel R. N.
Russo.
Mayor King read the cali and stated
that service thereof had been duly
made and this Meeting is the Regular
Session of the City Council called for
the purpose to act upon such business
which may properly come before the
Council.
PROCLAMATIONS: Week of
November 2nd as "Telephone Pioneer
Week" received by Helen Brown;
November 22-29 as "Bible Week in
Dubuque"; Second Week in November
as "Youth Appreciation Week";
November 8-14 as "Radiologlc
Technology Week"; received by Kathy
Reiter.
Council Member Brady moved to
suspend the rules to let anyone pre-
sent address the Council if they so
desire. Seconded by Council Member
Farreli. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bets Brady, Farreli, Felderman, Pratt.
Nays--None.
Proof of publication, certified to by
the Publisher, of Notice of Intention to
issue Industrial Development
Revenue Bonds (A.Y~ McDonald Mfg.
Co.) Project Series 1981 in an amount
not to exceed $5,000,000.00, presented
and read.
There were no written objections
received and no oral objectors present
at the time set for the Hearing.
Mr. Art Hansen, Pres. of the A.Y.
McDonald Mfg. Co. requested that the
Council proceed with this matter so as
to aid them in their possible relocation
and expansion.
Council Member Pratt moved that
the proof of publication be received
and filed. Seconded by Council
Member Felderman. Carried by the
following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
RESOLUTION NO. 330-81
Resohition determining to proceed
with the issuance of Industrial
Development Revenue Bonds (A.Y.
McDonald Manufacturing Company
Project) Series 1981.
WHEREAS, the City of Dubuque,
in Dubuque County, Iowa (the "City"),
an incorporated municlpaiity, is
authorized by Chapter 419 of the Code
of Iowa, 1981, as amended (the "Act"),
to issue revenue bonds and lend the
proceeds to one or more contracting
parties pursuant to a loan agreement
to be used to pay 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-
ing or assembling of any agricultural
or manufactured products, of of any
commercial enterprise engaged in stor-
ing, warehousing or distributing pro-
ducts of agriculture, mining or in-
dustry, and which loan agreement
shall provide for the repayment of
such loan by the contracting party and
which may provide for such loan to be
secured or evidenced by one or more
notes, debentures, bonds or other
secured or unsecured debt obligations
of the contracting party; and
WHEREAS, A.Y. McDonald Manu-
facturing Company, an Iowa corpora-
tion (the "Company"), will acquire,
construct and install a manufacturing
facility (the "Project") located within
the corporate limits of the City; and
WHEREAS, the City proposes to
issue its Industrial Development
Revenue Bonds (A.Y. McDonald Man-
ufacturing Company Project) Series
1981 in the principal amount of not to
exceed $5,000,000 (the "Bonds") to ob-
tain funds to lend to the Company pur-
suant to a loan agreement (the "Loan
Agreement") between the City and the
Company for the purpose of financing
costs to the Company of the Project;
and
WHEREAS, the Company will be
the contracting party to the Loan
Agreement within the meaning of the
Act, and the Loan Agreement will pro-
vide for the repayment by the Com-
pany of the loan of the proceeds of the
Bonds; and
WHEREAS, it is deemed necessary
and advisable to accomplish the pur-
poses of the Act and for the promotion
of the general health and welfare of the
inhabitants of the City, that the Pro-
ject be acquired, constructed and in-
stalled, as aforesaid; and
WHEREAS, pursuant to a pub-
lished notice of intention this City
Regular Sessior
Council has conducted a public hear-
ing, as required by Section 419.9 of the
Act, and this City Council deems it
necessary and advisable to proceed
with the Project, the issuance of the
Bonds in the principal amount of not
to exceed $5,000,000, and the loan of
the proceeds of the Bonds to the Com-
pany;
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA, AS FOLLOWS:
Section 1. That at the public hearing
conducted by this City Council pu~
suant to published notice all local
residents who appeared were given the
opportunity to express their views for
or against the prOposal to issue the
Bonds.
Section 2. That this City Council
deems it necessary and advisable, and
hereby determines, to proceed with the
Project, the issuance of the Bonds in
the principal amount of not to exceed
$5,000,000, and the loan of the proceeds
of the Bonds to the Company, all upon
terms and' conditions mutually satis-
factory to the City and the Company.
Section 3. That all resolutions or
parts thereof in conflict herewith be
and the same are hereby repealed~ and
this resolution shall be effective forth-
with upon its passage and approval
Passed and approved November 2,
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, Farreri, Felderman, Pratt.
Nays--None.
Proof of publication, certified to by
the Publisher of Notice of Pendency on
Resolution for Central Avenue Street
Lighting and Traffic Signal Intercon-
nect from 16th to 22nd Street, pre~
sented and read.
There were no written objections
received no oral objectors present at
the time set for the Hearing.
Council Member Felderman moved
that the proof of publication be receiv-
ed and fried. Seconded by Council
Member Farrell, Carried by the follow-
lng vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
November 2, 1981 469
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-
lice of the City Clerk showing among
other things the plans, specifications
and form of contract for the improve-
ment, and an estimate of the cost for
the Central Avenue Street Lighting
and Traffic Signal Interconnect from
16th Street 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, spe-
cifications, contract or estimated cost
of the improvement, 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 6th day of Oc-
tober, 1981.
RECORD OF FINAL ADOPTION
The foregoing Resolution was finally
passed and adopted, as proposed by
the City Council this 2nd day of
November, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Felderman moved
adoption of the Resolution. Seconded
by Council Member Farrell. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Felderman, Pratt.
Nays--None.
Decision of Council Upon Objections
to Plans, Specifications, Form of
Contract and Cost of Improvements
RESOLUTION NO. 331-81
WHEREAS, proposed plans and
specifications and form of contract for
the Central Avenue Street Lighting
470
Regular Session, November 2, 1981
and Traffic Signal Interconnect from
16th Street to 22nd Street have been
approved by the City Council of the
City of Dubuque and public notice
given as provided by the Code of Iowa
pertaining to public contracts and
bonds, and the time and place fixed for
the hearing of all objections to said
plans, specifications or contract for or
cost of such improvements, said time
being this 2nd day of November, 1981;
and
WHEREAS. the City Council met in
regular session this 2nd day of Novem-
ber, 1981, at 7:30 p.m. at the City
Council Chambers in the City Hail for
the purpose of hearing all interested
parties and considering any and all ob-
jections which have been filed to the
proposed plans, specifications or con-
tract for or cost of the improvement
herein described and proposed to be
made; and
WHEREAS, all interested parties
have been given an opportunity to be
heard and all objections which have
been duly weighed and considered;
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of the
City of Dubuque, that all objections
which have been made and filed to the
plans, specifications, contract for or
cost of said improvement herein de-
scribed and proposed to be made, be
and the same hereby overruled and
such plans, specifications and form of
contract heretofore approved are here-
by adopted.
BE IT FURTHER RESOLVED
that this resolution containing the de-
cision of this City Council upon all ob-
jections which have been filed to the
plans, specifications and form of cost
said improvement be made a matter of
permanent record in connection with
said improvement.
Passed, adopted and approved this
2nd day of November, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Felderman moved
adoption of the Resolution. Seconded
by Council Member Farrell. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
(Ordering Construction)
RESOLUTION NO. 332-81
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBU-
QUE that pursuant to a Resolution of
Necessity No. 294-81 which was duly
passed by this Council for the Central
Avenue Street Lighting and Traffic
Signal Interconnect from 16th Street
to 22nd Street be and the same are
hereby ordered and constructed by
this Council upon its own motion and
with or without the petition of proper-
ty owners. All the work shall be con-
structed in accordance with the plans
and specifications heretofore adopted
and now on file in the office of the City
Clerk.
BE IT FURTHER RESOLVED
that the cost and expense of said im-
provement be paid from the General
Fund, Road Use Tax Fund and the
State of Iowa.
BE IT FURTHER RESOLVED
that this resolution being deemed
urgent and of immediate necessity
shall be in force and effect from and
after its passage and adoption by the
City Council.
Passed. adopted and approved this
2nd day of November, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Felderman moved
adoption of the Resolution. Seconded
by Council Member Farreil. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreli, Felderman, Pratt.
Nays--None.
Proof of publication, certified to by
the Publisher, of Notice to Contractors
of the Receipt of Proposals for con-
struction of Central Ave. Street Light-
lng and Traffic Sig~ml Interconnect
from 16th to 22nd St., presented and
read.
Council Member Felderman moved
that the proof of publication be re-
ceived and filed. Seconded by Council
Member Farreil. Carried by the follow-
lng vote:
Yeas--Mayor King, Council Mem-
hers Brady, Farrell, Felderman, Pratt.
Nays--None.
Communication of City Manager re-
commending awarding of contract for
construction of Central Ave. Street
Lighting and Traffic Signal Intercon-
nect from 16th to 22nd St., to Ed-
wards Concrete Contractors, Inc.,
8.2% over estimate, presented and
read.
Council Member Felderman moved
that the communication be received
Regular Session, November 2, 1981
471
and filed. Seconded by Council Mem-
ber Farrell. Carried by the following
vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
(Awarding Contract)
RESOLUTION NO. 333-81
WHEREAS, sealed proposals have
been submitted by contractors for the
Central Avenue Street Lighting and
Traffic Signal Interconnect from 16th
to 22nd St. pursuant to Resolution No.
332-81 and notice to bidder s published
in a newspaper published in said City
on October 9, 1981,
WHEREAS, said sealed proposals
were opened and read on October 23,
1981, and it has been determined that
the bid of Edwards Concrete Contrac-
tors, Incorporated of Dubuque, Iowa,
was the lowest bid for the furnishing
of all labor and materials and perform-
ing the work as provided for in the
plans and specifications.
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of the
City of Dubuque, Iowa: That the con-
tract for the above-mentioned im-
provement be awarded to Edwards
Concrete Contractors, Incorporated,
and the Manager be and is hereby di-
rected to execute a contract on behalf
of the City of Dubuque for the com-
plete performance of the work.
BE IT FURTHER RESOLVED,
that upon the signing of said contract
and the approval of the contractors
bond, the City Treasurer is authorized
and instructed to return the bid de-
posits of the unsuccessful bidders.
Passed, adopted and approved this
2nd day of November, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Felderman moved
adoption of the Resolution. Seconded
by Council Member Farrell. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
RESOLUTION NO. 334-81
A Resolution Directing the Publica-
tion of a Notice of Intention to Issue
Not to Exceed $1,000,000 Aggregate
Principal Amount of Industrial Devel-
opment Revenue Bonds (Nesler Center
Project) Series 1981 of the City of Du-
buque, Iowa, and Calling a Public
Hearing on the Proposal to Issue Said
Bonds and Authorizing Execution of a
Memorandum of Agreement.
WHEREAS, the City of Dubuque,
Iowa, (hereinafter referred to as the
"City") is a municipal corporation and
political subdivision organized and
existing under the laws and the Con-
stitution of the State of Iowa, and is
authorized and empowered by Chapter
419 of the Code of Iowa, as amended,
(hereinafter referred to as the "Act"),
to issue Industrial Development Reve-
hue Bonds and loan the proceeds from
the sale of said Bonds to one or more
parties to be used to defray all or a por-
tion of the cost of acquiring, improv-
lng and equipping a "Project" as that
~erm is defined in the Act, for the pup-
pose of securing and developing indus-
try and trade within the City, to pro-
mote development within the City, to
create jobs and employment opportu-
nities, and to improve tile economic
welfare of the residents of the City and
of the State of Iowa; and
WHEREAS, the City has been re-
quested by Ferd A. Nesler IV Iherein-
after referred to as the "Borrower"), to
authorize and issue its Industrial De-
velopment Revenue Bonds pursuant
to the provisions of the Act for the
purpose of defraying all or a portion of
the cost of acquiring, renovating, ira-
proving and equippnig an office and re-
tail building (hereinafter referred to as
the "Project"), located in and consis-
tent wlth the Urban Renewal Plan for
an area of the City which has been des-
ignated as an urban renewal area,
which Project will be owned and oper-
ated by Borrower; and
WHEREAS, said Project will result
in development within an area of the
City designated as an urban renewal
area and will provide and induce other
public benefits which will add to the
welfare and prosperity of the City and
its inhabitants; and
WHEREAS, it is anticipated that
tenants of the Borrower in the Project
will employ a substantial number of
residents of the City and the surround-
ing area with the resulting benefits
therefrom including alleviation of un-
employment, increased employment~
an increase in payrolls and other pub-
lic benefits which add to the welfare
and prosperity of the City andqts in-
habitants; and
WHEREAS, the City has deter-
mined that the amount necessary to
defray all or a portion of the cost of ac-
quiring, renovating, improving and
equipping the Project, including neces-
472
Regular Session, November 2, 1981
sary expenses incidentel thereto, will
require the issuance by the City of not
to exceed $1,000,000 aggregate prin-
cipai amount of its Industrial Devel-
opment Revenue Bonds pursuant to
the provisions of the Act; and
WHEREAS, it is proposed to
finance a portion of the cost of the Pro-
ject through the issuance of not to ex-
ceed $1,000,000 Industrial Develop-
ment Revenue Bonds, Series 1981,
(Nesler Center Project) of the City (the
"Bonds") and to loan said amount to
the Borrower under a Loan Agreement
between the City and the Borrower,
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
shall become due; and
WHEREAS, a Memorandum of
Agreement, in the form and with the
contents set forth in Exhibit A attach*
ed hereto, has been presented to the
City under the terms of which the City
agrees, subject to the provisions of
such Agreement, to pursue proceed-
ings necessary to issue its revenue
bonds or notes for such purposes; 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 DUBUQUE, IOWA, AS FOL-
LOWS:
Section 1. That the City Council of
Dubuque, Iowa, meet at the Council
Chambers in City Hal& in Dubuque,
Iowa, on the 7th day of December,
1981 at which time and place a public
hearing 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
opportunity to express their views for
or against the proposal to issue said
Bonds.
Section 2. That the City Clerk of the
City is hereby directed to give notice of
intention to issue the Bonds, setting
forth the amount and purpose thereof,
the time when and place where the
hearing will be held, by publication at
least once not less than fifteen (15)
days prior to the date fixed for the
hearing, in the Dubuque Telegraph-
Herald, a newspaper published and
having a general circulation within the
City. The notice shall be in substan-
tialiy the following form:
NOTICE OF INTENTION TO ISSUE
INDUSTRIAL DEVELOPMENT
REVENUE BONDS, SERIES 1981
("NESLER CENTER" PROJECT)
Notice is hereby given that a public
hearing will be conducted before the
Council of the City of Dubuque, lowa,
in the Council Chambers at City Hall
at 7:30 o'clock, p.m., on December 7,
1981, on a proposal to issue not to ex-
ceed $1,009,099 aggregate principal
amount of the City's Industrial Deveb
opment Revenue Bonds ("Neslor Cen-
ter" Project) Series 1981, pursuant to
the provisions of Chapter 419 of the
Code of lows, as amended, for the pu~
pose of defraying all or a portion of the
cost of acquiring, renovating, improv-
ing and equipping a development pro-
ject within said City. Such project will
consist of the acquisition, renovation,
improving and equipping of the Nesler
Center, an office and retail building lo-
cated within an area of the City desig~
hated as an urban renewal arec~ The
Project will be owned and operated by
Ferd A. Nesler IV and leased as office
and retail space to various tenants. It
is proposed that the proceeds from the
sale of such Bonds be loaned to Ferd A.
Neslor IV under a Loan Agreement
providing for loan payments sufficient
to pay the principal of and interest and
redemption premium, if any, on such
Bonds as the same fall due.
Such Bonds, if issued, and the in-
retest and premium, if any, thereon
will be payable solely out of the reve-
nue derived from a Loan Agreement
pursuant to which the proceeds from
the sale of said Bonds are loaned to the
owner of said Project, shall be limited
obligations of the City, and shall not
constitute an indebtedness of the City
within the meaning of any state con-
stitutional provision or statutory limi-
ration, and shall not constitute nor
give rise to a pecuniary liability of said
City or a charge against its general
credit or taxing powers.
All local residents who appear at
said public hearing shall be given an
opportunity to express their views for
or against the proposal to issue said
Bonds, and at said hearing, or any ad-
journment thereof, the Council of said
City shall adopt a resolution determin-
lng whether or not to proceed with the
issuance of said Bonds.
By Order of the City Council.
Mary A. Davis
Clerk of the City of
Dubuque, Iowa
Section 3. That the Memorandum of
Agreemeng in the form and with the
contents set forth in Exhibit A at-
tacked hereto, be and the same is here-
by approved and the Mayor is hereby
authorized to execute said Memoran-
Regular Session November 2, 1981 473
dura of Agreement and the Clerk is
hereby authorized to attest the same
and to affix the seal of the City thereto,
said Memorandum of Agreement,
which constitutes and is hereby made
a part of this Resolution, to be in sub-
stantially the form, text and contain-
ing the provisions set forth in Exhibit
A attached hereto.
Section 4. That officials of the City
are hereby authorized to take such fu~
ther action as may be necessary to
carry out the intent and purpose of this
Resolution and the Memorandum of
Agreement.
Section 5. That all resolutions and
parts thereof in conflict herewith are
hereby repealed to the extent of such
Passed, adopted and approved this
2nd day of November, 198L
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
(Seal)
EXHIBIT A
MEMORANDUM OF AGREEMENT
THIS MEMORANDUM OF
AGREEMENT is between the City oI
Dubuque, Iowa, (the "City") and Ferd
A. Nesier IV (the "Borrower").
1. Preliminary Statement. Among
the matters oI mutual inducement
which have resulted in the execution of
this Agreement are the following:
(a) The City is authorized by Chapter
419 of the Code of Iowa, as amended,
(the "Act") to issue Industrial Devel-
opment Revenue Bonds and loan the
proceeds from the sale of said Bonds
to one or more parties to be used to de-
fray all or a portion of the cost of ac-
qnirlng, improving and equipping a
"Project" as that term is defined in
the Act, located in an area of the City
designated as an urban renewal area,
for the purpose of securing and devel-
oping industry and trade and to ira-
prove the economic welfare of the resi-
dents of the City and of the State of
(b) The Company wishes to obtain
satisfactory assurance from the City
that the proceeds of such bonds will be
available to finance a porClon of the
costs of the Company's proposed ac-
qnisition, renovation, improving and
equipping of an office and retail build-
ing to be owned and operated by Bet-
rower and leased as office and retail
space to various tenants (the
"Project") located within and to be
consistent with the Urban Renewal
Plan for an area of the City of Dubu-
que, Iowa, designated as an urban re-
(c) Subject to due compliance with
all requirements of law, including all
provisions and the public hearing re-
quired by the Act, the City will issue
and sell its revenue bonds or notes (the
"Bonds") in an amount sufficient to
finance the costs of the Project, which
is presently estimated to be
$1,000,000.
(d) The City considers that the ac~
qulring, renovating, improving and
equipping of the Project and the fi-
nancing of the same will further pro-
mote development within an area of
the City designated as an urban renew-
al area and enhance the welfare and
prosperity of the City and its citizens.
2. Undertakings on the Part of the
City.
(a) The City will begin the proceed-
ings necessary to authorize the is-
suance of the Bonds.
(b) The City will cooperate, subject
to due compliance with all provisions
of law, with the Borrower in the Jesu-
ance and sale of the Bonds, and the
proceeds from the issuance of the
Bonds shall be loaned to the Borrower
upon terms 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.
(c) The City will take or cause to be
taken such other acts and will adopt
such further proceedings as may be
necessary or appropriate to implement
the foregoing undertakings.
3, Undertakings on the Part of the
(a) The Borrower will use all reason-
able efforts to cooperate with the City
and comply with all provisions of law
relating to the Project and the issu-
ance and sale of the Bonds in accor-
dance with terms which are mutually
satisfactory to the City and the Bor-
(b) The Borrower will enter into a
Loan Agreement with the City in con-
nection with the sale of the Bonds
under the terms of which the Borrower
will obligate itself to pay to the City
sums sufficient in the aggregate to
pay the principal of and interest and
redemption premium, if any, on the
Bonds as and when the same shah be-
come due and payable.
(c) The Borrower will undertake to
begin the acquisition, renovation, im-
provement and equipping of the Pro-
ject and will otherwise take such steps
as it deems appropriate or necessary
474
to complete the Project and implement
the foregoing undertakings. 4. General Provisions.
(a) All commitments on the part of
the City and the Borrower herein are
subject to the condition that on or
before one year from the date hereof
{or such other date as shall be mutual-
ly agreed to) the City and the Borrow-
er shall have agreed to mutually ac-
ceptable terms for the Bonds and the
sale and delivery thereof and of all
other provisions relating to ti~e Bonds
and their issuance.
(b) Whether or not the Project or the
financing thereof proceeds as contem-
plated by this Agreement, the Borrow-
er agrees that it will reimburse the
City for all reasonable and necessary
direct out-of-pocket expenses which
the City may incur tincluding but not
limited to legal fees, printing and pub-
lication costs and filing fees) arising
from the execution of this Agreement
and the performance, or preparation to
perform, by the City of its obligation
hereunder, or done at the request of
the Borrower.
(c) Ail commitments of the City
hereof are further subject to the condi-
tions that the City shall in no event hi-
cur any liability for any act or orals-
sion hereunder, and that the Bonds
described herein shall not constitute
an indebtedness of the City within the
meaning of any constitutional or sta-
tutory provision and shall not consti-
tute nor give rise to a pecuniary liabil-
ity of the City or a charge against its
general credit or taxing powers.
(d) Preparedness of all resolutions,
agreements, instruments, certificates
and other documents in final form for
adoption and execution shall be the
sole responsibility of bond counsel.
(e) Counsel for the City shall timely
certify the nonexistence of threatened
litigation, pending litigation or claims
with respect to the proposed Bond
issue. All other attorney's opinions or
certificates with respect to issuing au-
thority, non-arbitrage, regularity of
proceedings or otherwise shall be the
responsibility of bond counsel
Dated this 2nd day of November,
1981.
CITY OF DUBUQUE, IOWA
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Ferd A. Nesler IV
Council Member Farrell moved
adoption of the Resolution. Seconded
Regular Session, November 2, 1981
by Council Member Felderman. Car-
ried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Communication of City Manager
submitting bidding procedures for
paving of the North-West Arterial be-
tween Highway 20 and Pennsylvania
Ave., presented and read.
Council Member Felderman moved
that the communication be received
and filed. Seconded by Council
Member Brady. Carried by the follow-
ing vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
RESOLUTION NO. 335-81
BE IT RESOLVED by the City
Council of the City of Dubuque, Iowa,
that the proposed plans, specs., form
of contract, etc. for the North-West
Arterial, Stage I,. P.C.C. Paving and
Intersection Improvements, in the es-
timated amount of $705,114.33, are
hereby approved and ordered fried in
the office of City Clerk for public in-
spection.
Passed. adopted and approved this
2nd day of November, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Felderman moved
adoption of the Resolution. Seconded
by Council Member Brady. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
(Necessity for Improvement)
RESOLUTION NO. 336-81
WHEREAS, proposed plans have
been duly prepared and approved by
the City Council of the City of Dubu-
que, Iowa, and are now on ftc in the of-
lice of the City Clerk showing among
other things the plans, specifications
and form of contract for the improve-
merit, and an estimate of the cost for
the North-West Arterial, Stage I.
P.C.C. Paving and Intersection Im-
provements.
BE IT THEREFORE RESOLVED
that the City Council deems it advis-
able and necessary for the public wel-
fare to make the herein mentioned im-
provement, and unless interested per-
sons at the time of the final considera-
tion of this proposed resolution have
filed objections with the City Clerk to
Regular Sessior
the proposed plans, specifications,
contract or estimated cost of the im-
provement, they shall be deemed to
have waived aH objections thereto.
Said improvement shah be con-
structed and done in accordance with
the plans and speciflcatlons which
have been approved by the City Coun-
cfi and are now on file with the City
Clerk. That the cost and expense of
making said improvement will be paid
from the General Fund and Federal
Aid to Urban Systems Funds.
The above resolution was intro-
duced, approved and ordered placed on
file with the City Clerk this 2nd day of
November. 1981.
Approved and placed on file for final
action.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Felderman moved
approval 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.
(Fixing Date of Hearing and Author-
izing Advertisement for Proposals)
RESOLUTION NO. 337-81
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 North-West Arterial
Stage I, P.C.C. Paving and Intersec-
tion Improvements, 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 7th day of De-
cember, 1981, a public hearing will be
held at 7:30 p.m. in the Council Cham-
bers of the City of Dubuque at City
Hall at which time interested persons
may appear and be heard for or
against the proposed plans and specifi-
cations, form 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 hear-
ing to be published in a newspaper
having general circulation in the City
of Dubuque, Iowa, which notice shall
not be less than four days nor more
than twenty days prior to the day
November 2, 1981 475
fixed for its consideration, and unless
interested persons at the time of the
final consideration of the proposed
Resolution of Necessity have filed ob-
ections with the City Clerk, they shah
be deemed to have waived all objec-
tions thereto.
BE IT FURTHER RESOLVED
that the City Clerk be and is hereby di-
rected 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 shall not be less than four days
nor more than twenty days prlor to the
receipt of said proposals at 10:00 a.m.
the 10th day of November, 1981. Bids
shall be opened and read by the City
Clerk at said time and will be sub-
mitted to the Council for final action at
a meeting to be held at the City Court-
cil Chambers in City Hall at 7:30 p.m.
on the 7th day of December, 1981.
Passed. adopted and approved this
2nd day of November, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Felderman moved
adoption of the Resolution. Seconded
by Council Member Brady. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
hers Brady, FarreH, Felderman, Pratt.
Nays--None.
Communication of City Manager
submitting bidding procedures for
Locust Street Parking Ramp Lighting
Improvements, presented and read.
Council Member Felderman moved
that the communication be received
and filed. Seconded by Council Mem-
ber Pratt. Carried by the following
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
RESOLUTION NO. 338-81
BE IT RESOLVED by the City
Council of the City of Dubuque, Iowa,
that the proposed plans, specs., form
of contract, etc. for the Locust Street
Parking Ramp Lighting Improve-
merits with the estimated cost of
$43,131.00, are hereby approved and
ordered filed in the office of City Clerk.
Passed, adopted and approved this
2nd day of November, 1981.
D. Michael King
ATTEST: Mayor
Mary A. Davis
476
Regular Session, November 2, 1981
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.
(Necessity for Improvement)
RESOLUTION NO. 339-81
WHEREAS, proposed plans have
been duly prepared and approved by
the City Council of the City of Dubu-
que, Iowa, and are now on file in the of-
fice of the City Clerk showing among
other things the plans, specifications
and form of contract for the improve*
ment, and an estimate of the cost for
the Locust Street Parking Ramp
Lighting Improvements.
BE IT THEREFORE RESOLVED
that the City Council deems it advis-
able and necessary for the public wel-
fare to make the herein mentioned ira-
provement, and unless interested per-
sons at the time of the final consldera-
tion of this proposed resolution have
filed objections with the City Clerk to
the proposed plans, specifications,
contract or estimated cost of the im-
provement, they shall be deemed to
have waived all objections thereto.
Said improvement shah be con-
structed and done in accordance with
the plans and specifications which
have been approved by the City Coun-
cfi and are now on file with the City
Clerk. That the cost and expense of
making said improvement will be paid
from the Parking Revenue Bond
Depreciation Fund.
The above resolution was intro-
duced, approved and ordered placed on
file with the City Clerk this 2nd day of'
November, 1981.
Approved and placed on file for final
action.
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-
bers Brady. Farrell, Felderman, Pratt.
Nays--None.
(Fixing Date of Hearing and Author-
izing Advertisement for Proposals)
RESOLUTION NO. 340-81
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-
lice of the City Clerk for public inspec-
tion for the Locust Street Parking
Ramp Lighting Improvements, and
WHEREAS, the proposed Resoin-
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 7th day of De-
cember, 1981, a public hearing will be
held at 7:30 p.m. in the Council Cham-
bers of the City of Dubuque at City
Hall at which time interested persons
may appear and be heard for or
against the proposed plans and specifi-
cations, form 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 hear-
ing to be published in a newspaper
having general circulation in the City
of Dubuque, Iowa, which notice shall
not be less than four days nor more
than twenty days prior to the day
fixed for its consideration, and unless
interested 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.
BE IT FURTHER RESOLVED
that the City Clerk be and is hereby di-
rected 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 shah not be less than four days
nor more than twenty days prior to the
receipt of said proposals at 10:00 a.m.
the 27th day of November, 1981. Bids
shall be opened and read by the City
Clerk at said time and will be sub-
mitted to the Council for final action at
a meeting to be held at the City Coun-
cil Chambers in City Hall at 7:30 p.m.
on the 7th day of December, 1981.
Passed, adopted and approved this
2nd day of November, 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.
Regular Session
Nays--None.
Communication of City Manager
submitting Ambulance Bids specifica-
tions and Notice of Bids for Council re-
view and approval and requesting au-
thorization to proceed' with Notice of
Bids, presented and read.
Council Member Felderman moved
that the communication be received
and filed and authorization approved.
Seconded by Council Member Pratt.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Communication of City Manager
submitting Pumping Engine Bid Spe-
cifications and Notice of Bids for
Council review and approval and re-
questing authorization to proceed with
Notice of Bids, presented and read.
Council Member Farrefi moved that
the communication be received and
filed and authorization approved.
Seconded by Council Member Pratt.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Communication of City Manager
submitting Resolutions accepting
shelving and accessories supplied by
the Estey Corporation for the Carne-
gie.Stout Library Expansion and Ren-
ovation and requesting authorization
to execute copies of this takeover
agreement by the Aetna Insurance
Corporation~ presented and read.
Council Member Pratt moved that
the communication be received and fil-
ed and authorization approved.
Seconded by Council Member Felder-
man. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
RESOLUTION NO. 341.81
Resolution Accepting Improvement,
City of Dubuque, Iowa.
WHEREAS, the contract with the
Estey Corporation for the supplying of
shelving for the Carnegie-Stout Libra-
ry Expansion has been completed and
the City Manager has examined the
work and fried his certificate stating
that the same has been completed ac-
cording to the terms of the contract,
plans and specifications and recom-
mends its acceptance.
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of the
City of Dubuque, Iowa, that the re-
commendation of the City Manager be
November 2, 1981 477
approved and that said improvement
be and same is hereby accepte&
BE IT FURTHER RESOLVED
that the City Treasurer be and he is
hereby directed to pay to the contrac-
tot from the funds to be realized from
the sale of General Obligation Bonds
issued upon the above described im-
provement in amount equal to the
amount of the contract, less any re-
tained percentage provided for there-
in.
Passed, adopted and approved this
2nd day of November, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Pratt moved adop-
tion of tho Resolution. Seconded by
Council Member Felderman. Carried
by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
RESOLUTION NO. 342-81
Final Estimate, City of Dubuque,
Iowa.
WHEREAS, the contract with the
Estoy Corporation for the supplying of
shelving for the Carnegie-Stout Libra-
ry Expansion, has been completed and
the City Engineer has submitted his
final estimate showing the cost thereof
including the cost of estimates, notices
and inspection.
NOW, THEREFORE, BE IT RE-
SOLVED, by the City Council of the
City of Dubuque, Iowa:
Section L That the cost of said ira-
provement is hereby determined to be
$80,841.00, and that all of the cost
thereof shall be paid from receipts from
General Obligation Bonds of the City
of Dubuque, low~
Passed, adopted and approved this
2nd day of November, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Pratt moved adop-
tion of the Resolution. Seconded by
Council Member Felderman. Carried
by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Feldarman, Pratt.
Nays--None.
RESOLUTION NO. 343-81
Resolution Authorizing the City Man-
ager to Execute a Takeover Agree-
478
Regular Session, November 2, 1981
ment with the Aetna Insurance Com-
pany.
WHEREAS, on April 3, 1980, the
City of Dubuque entered into a con-
tract with the Estey Corporation to
furnish and install shelving and other
accessories at the Carnegie-Stout
Library for a contract amount of
$82,841.00; and
WHEREAS, when the job was
about ninety percent completed, in
early 1981, the Estey Corporation filed
bankruptcy proceedings; and
WHEREAS, on July 7, 1981, the
City of Dubuque declared the Estey
Corporation in default of contract and
notified the bonding company, the
Aetna Insurance Company; and
WHEREAS, the United States
Bankruptcy Court for the district of
New Jersey on August 28, 1981, as-
signed the City of Dubuque contract
with the Estey Corporation to the
bonding company, the Aetna In-
surance Company; and
WHEREAS, the job has now been
completed and the City of Dubuque is
wiling to make final payment to the
bonding company for the remaining
balance of the amounts due under the
contract.
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of the
City of Dubuque, Iowa:
Section 1. That the City Manager be
authorized to execute a takeover agree-
ment with the Aetna Insurance Com-
pany which transfers the responsibili.
ties for the completion of the contract
to the Aetna Insurance Company, and
also authorizes the City to make pay-
ment to the Aetna Insurance Company
under directions of the Court order
Passed, adopted and approved this
2nd day of November, 198I.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Pratt moved adop-
tion of the Resolution. Seconded by
Council Member Felderman. Carried
by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Feldarman, Pratt.
Nays--None.
Petition of Richard Bockes on behalf
of Waish True Value Hardware re-
questing permission to replace the can-
vas awnings installed at the entrance
to its store at 1322 Iowa Street,
presented and read.
Council Member Felderman moved
that the petition 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.
ORDINANCE NO. 56-81
An Ordinance authorizing Zephyr
Aluminum Products, Inc. to construct
a Canopy on the Front Entrance of
Walsh Store on Iowa Street, 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-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Council Member Felderman moved
that the rule requiring an Ordinance to
be presented and read at two meetings
prior to the meeting when final action
is taken, be dispensed with. Seconded
by Council Member Pratt. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
ORDINANCE NO 56-81
AN ORDINANCE AUTHORIZING
ZEPHYR ALUMINUM
PRODUCTS, INC.
TO CONSTRUCT Canopy on Front
Entrance of Walsh Store on Iowa
Street
NOW THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Sectionl. That The Walsh Steres as
owners of the premises known as
Walsli H~rdware Store, 1310 Iowa St.,
Dubuque, Iowa, and legally described
as enth'e premises situated on Lot No.2
of South half of City Lot No.456 and
Lot No.2 of Lot No.3 of the South half
of City lot No. 456 and Lot No.1 of the
South half of City lot No.456 of the
City of Dubuque, Iowa, be and they
are hereby granted the revocable per-
mit and authority to construct and
maintah~ a stationa~ front entrance
canopy to replace existing roll-up
canopy 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 pe~nittees and
approved by the City Manager, under
Regular Session November 2, 1981 479
the supervision and direction of the
City Manager, and in accordance with
ali applicable state anti federal laws
and regulations, and the Ordinances of
the City of Dubuque.
Section 3. That the permission
herein granted is expressly conditioned
on permittees' agreement to:
a) Assume any and all liabigty for
damages to persons or property
which may result from the existence,
location, installatkln, construction or
maintenance of said canopy;
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 i¥om the
location, instai/ation, existence, Eon-
struction or maintenance of said
canopy sustained by any person or
persons, caused by accident or other-
wise to deihnd at its own expense and
on behalf of said City any claim
against the City of Dubuque arising
out of the location, installation, exis-
tence, qonstruction or maintenance of
canopy and to pay reasonable attor-
ney fees thereibre; and
c) Indemnify and hold the City of
Dubuque free and harmless from any
and all claims, loss, liability and
expense for death and/or injuries to
third persons or damage to property
of third persons, or for damage to
any property of the City of Dubuque
which may occur as a result of or in
connection with the location, instal-
lation, construction, maintenance
and repair of the facihty, work or
improvement permitted herein.
Section 4. That the permission
herein granted is expressly conditioned
upon permittees' further agreement
that should the rigbt and privilege
herein granted be rescinded or revoked
by the City Council, permittees, or
their successors in interest, as owners
of the abutting property, shall within
ten (10) days after receipt of written
notice fi'om the City Manager, so to
do, at their own expense, remove said
canopy and in the event of their failure
so to do, the City of Dubuque shall be
authorized to remove said canopy at
permittees' expense and dispose of the
same, and the permittee shall have no
claim against the City or its, agents for
damages resulting from the removal of
said canopy.
Section g. That permittees convert-
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 said facility and said per-
mittees hereby convenant and agree
not to assert such claim or defense
against the City ot Dubuque in the
event of claim asserted for death, per-
sonal injuries and/or property damage
against the permittees arising out of or
in any way connected with the k)ca-
lion, installation, construction, design,
rbpair and maintenance of the facility
herein permitted.
Section 6. This Ordinance shall
become effective and the right hereun-
der accrue to The Waish Stores when
this Ordinance has been adopted by
the City Council and the terms and
conditions thereof accepted by permit-
tees by acceptance endorsed on this
Ordinance.
Section 7. That the City Clerk he
and she is authorized and directed to
tile at permittees' expense a copy of
this Ordinance in the office of the
Recorder in and for Dubuque County,
Iowa.
Passed, approved and adopted this
2nd day of November, 1981.
D, Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
ACCEPTANCE OF ORDINANCE
NO. 56-81
The undersigned having read and
being familiar with the terms and con-
ditions of Ordinance No. 56-81 hereby,
for themselves, their successors 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-
formed by permittees.
Dated: 10/28/81
By: Richard Bockes
President or Vice-President or lh'operty
Published officially in the Telegraph
Herald this 6th day of November,
Maw A. Davis
City Clerk
Council Member Felderman moved
final 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.
CommunicaUmn of City Manager
submitting Resolution establishing a
Master Street Name List, presbnted
and read,
Council Member Pratt moved that
the communication be received and fit-
ed. Seconded by Council Member Far-
48O
Regular Session, November 2, 1981
rell. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
RESOLUTION NO. 344-81
A Resolution Adopting a Master
Sheet Name List and Establishing
Rules, and Procedures for Review and
Approval of New Street Names.
WHEREAS, the City Council of the
City of Dubuque finds that there are
conflicting street names in and around
the City of Dubuque which can and do
result in misdirection and delays in
response by emergency vehicles, dif-
ficulties in maintaining correct legal
and business records, and difficulties
in delivery of mail and other materials;
and
WHEREAS, the City Council fur-
ther finds that this is a significant pro-
blem which will worsen if left unresolv-
ed, that the Council has the authority
to deal with the problem, and that it is
in the public interest to do so; and
WHEREAS, the City Council finds
that the current street name review
and approval procedures need im-
provement, that there is no single
authoritative listing of existing street
names for the area. that there has been
a lack of consistency in the current
process, and that there has been a lack
of coordination among the various
jurisdictions.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA, AS FOLLOWS:
Section 1. That the City Council of
the City of Dubuque, Iowa, hereby
adopts by reference the Master Street
Name List for Eastern Dubuque Coun-
ty which list is on file in the Office of
the Auditor of Dubuque County.
Section 2. That said Master Street
Name List shall be the official list of
street names for review and approval
of new street names within the City o
Dubuque and surrounding areas.
SeeBon 3. That the following rule:
are hereby adopted for establishing
new street names within the City of
Dubuque:
c~ All new streets shall be named
whether or not such streets are to be
public or private,
b. Streets that are in alignment with
existing or platted streets shall bear
the names of existing streets,
c. Names for new streets shall not
duplicate in spelling, or sound
phonetically similar to existing
street names on the Master Street
Name List, and
d. All new street names shall be ap-
proved by the City Council.
Section 4, That the following pro-
eedure is hereby adopted for review
and approval and recording of street
names within the City of Dubuque:
v~ All proposed street names shall be
checked against the Master Street
Name List prior to subdivision plat
approval by the City Counei~
b. New street names that are not in
conflict with existing street names
shall be considered officially adopted
upon plat approval by the Counci&
c, The approved new street name
shall be recorded along with the plat
of subdivision, and
d~ The County Auditor who shall
maintain the official list and shall
amend the official list for each new
street name and notify holders of the
list.
Section 5. That the City Clerk of the
City of Dubuque, Iowa, shall certify
and file this resolution, after its
passage, with the Dubuque County
Auditor.
Passed, adopted and approved this
2nd day of November, 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 Resolutlon authorizing
Publication of Notice of Availability of
Fiscal Year 1981 Grantee Performance
Reports, presented and read.
Council Member Felderman moved
that the communicaCmn be received
and filed. Seconded by Council
Member Farrell. Carried by the follow-
lng vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell. Felderman, Pratt.
Nays--None.
RESOLUTION NO. 345-81
Authorizing Publication of Notice of
Availability for Public Inspection Cer-
tain Community Development Block
Regular Sessio~
Grant Documents
WHEREAS, under date of October
2, 1981, the Annual Performance
Report was submitted to the U.S.
Department of Housing and Urban
Development for processing; and
WHEREAS, Section 570.300 (b) of
the Community Development Block
Grant Program requires that
reasonable effort shall be made to in-
form citizens involved in or affected by
the local Community Development
Program tha the Annual Performance
Report has been submitted and is
available to interested parties upon re-
quest; and
WHEREAS, Section 570.906 (c) re-
quires that there be public notice of
the availability of the Annual Perfor-
mance Report for inspection by the
public;
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 in the Dubuque Telegraph
Herald, a newspaper of general cireula-
tion within the C~ty, public notice in
the form of Exhibit A, attached hereto
and made a part hereof
Passed, adopted and approved this
2nd day of November, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Felderman moved
adoption of the Resolution. Seconded
by Council Member Farrell. Carrled by
the following vote:
Yeas--Mayor King, Council Mem-
bets Brady, Farreli, Felderman, Pratt.
Nays--None.
RESOLUTION NO. 346-81
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 tlie City
of Dubuque, Iowa, be granted a permit
to sell Cigarettes and Cigarette Papers
within said City.
William J. Murphy 139 Locust
Passed, adopted and approved this
2nd day of November, 1981.
D. Michael King
Mayor
November 2, 1981 481
ATTEST:
Mary A. Davis
City Clerk
Council Member Pratt moved adop-
tion of the Resolution. Seconded by
Council Member Brady. Carried by the
foilowing vote:
Yeas--Mayor King, Council Mem-
bers Brady, Far,'ell, Felderman, Pratt.
Nays--None.
RESOLUTION NO~ 347-81
WHEREAS. Applications for Beer
Permits have been submitted and filed
to this Council for approval and the
same have been examined and approv-
ed; and
WHEREAS, The premises to be oc-
cupied by such applicants were in-
spected and found to comply with the
Ordinances of this City and have filed
proper bonds;
NOW, THEREFORE, BE IT
SOLVED By the City Council of the
City of Dubuque, Iowa, that the
Manager be authorized to cause to be
issued to the following named ap-
plicants a Beer Permit.
CLASS "C" BEER PERMIT
Lucky Stores, Inc. 200 S. Locust
(Also Sunday Sales)
Passed, adopted and approved this
2nd day of November, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Pratt moved adop-
tlon of the Resolution. Seconded by
Council Member Brady. Carried by the
following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
RESOLUTION NO. 348-81
WHEREAS, Applications for Li-
quor Licenses have been submitted to
this Council for approval and the same
have been examined and approved;
and
WHEREAS, The premises to be oc-
cupied by such applicants were in-
spected and found to comply with the
State Law and an City Ordinances
relevant thereto and they have filed
proper bonds;
NOW, THEREFORE, BE IT
SOLVED, By the City Council of the
City of Dubuque, Iowa, that the
482
Regular Session, November 2, 1981
Manager be authorized to cause to be
issued to the following named ap-
plicanto a Liquor License.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Crane Enterprises, Inc. 2245 J,F.K.
Molly Maquires, Inc. 210 W. 3rd
Lowrie E. Smith 521 E, 22nd
(Also Sunday Sales)
James T, Clark 253 Main St.
Marian Brade and James Henkel
2616 Windsor Ave.
(Also Sunday Sales)
Pusateri Bros. Inc. 2400 Central
(Sunday Sales Only)
Passed, adopted and approved this
2nd day of November, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Pratt moved adop-
tion of the Resolution. Seconded by
Council Member Brady. Carried by the
following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreli, Felderman, Pratt.
Nays--None.
Printed Council Proceedings for the
months of July and August, 1981 for
Council approval, presented and read.
Council Member Pratt 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, Farreli, Felderman, Pratt.
Nays--None.
State of Iowa ) ss:
Dubuque County)
We. the undersigned members of the
Board of Suporvisors acting as a
Board of Canvassers, do hereby certify
that the following is a true and correct
abstract of the votes cast for each of
the City Councilmen candidates in
Wards One, Two and Four, in the City
of Dubuque Primary Election held on
October 13, 1981, as listed and
enumerated herein below by precinct
and in accordance with the respective
returns from the Precinct Election Of-
ficials.
We further certify that at said
Primary Election the two candidates
receiving the highest number of votes
in Ward One, Two and Four, to the ex-
tent of twice the number of unfilled
positions, as per section 376.7 and
376.8 Iowa Code, 1981, are declared
nominated and to be placed upon the
ballot for the regular Municipal City
Election, November 3, 1981.
Regular Session, November 2, 1981
483
WARD ONE
JANE
WILLIAM K. DALLAS L. E. WAYNE WALLIS-
PRECINCT HAMMEL MURPHY PETESCH PRICE TOTAL
11 283 71 23 89 478
13 273 52 23 234 612
14 214 36 13 107 380
17 260 62 26 184 498
18 199 51 20 143 420
24 256 44 12 189 510
25 211 27 8 142 392
26 51 15 12 35 113
Absentee 24 2 1 13 41
TOTAL 1771 360 138 1086 3444
WARD TWO
ALFRED R. THOMAS J.
ENGLIN3 LORAS J, MANTER-
SR. KLUESNER NACH TOTAL
19 200 173 239 626
20 & 27 210 179 185 586
21 108 160 221 501
22 118 112 193 429
23 118 140 247 512
Absentee 1 6 13 21
TOTAL 755 770 1098 2795
WARD FOUR
RHONDA
M. KRON- JAMES L. REX
PRECINCT FELOT REYNOLDS REYNOLDS TOTAL
2 78 44 69 201
8 119 43 83 254
9 125 17 46 192
10 145 56 99 304
12 192 69 136 408
15 195 72 112 385
16 167 73 185 533
Absentee 12 7 12 33
TOTAL 1033 381 742 2210
The following persons were nominated to have their names placed on the
General Municipal Election Ballot as candidates for the office of City Coun-
cilmen:
WARD ONE WARD TWO WARD FOUR
William K. Hanu~el Thomas J~ Manternach Rhonda Kronfeldt
Jane Wallis-Prlee Loras J. Kluesn~r Rex Reynolds
We, the undersigned members of the Board of Supervisors acting as a Board of
Canvassers, do hereby certify that the following is a true and correct abstract of
the votes cast for each of the City Councilmen-at-Large candidates in the City of
Dubuque Primary Election held on October 13, 1981, as listed and enumerated
herein below by precinct and in accordance with the respective returns from the
Precinct Election Officials.
We further certify that at said Primary Election the four candidates receiving
the highest number of votes in the Primary to the extent of twice the number of
unfilled positions, or two positions, as per section 376.7 and 376.8, Iowa Code,
1981, are declared nominated and to be placed upon the ballot for the regular
Municipal City Election, November 3, 1981.
484
Regular Session, November 2, 1981
THOMAS J, TED MERLIN D. JOHN P. TILDEAN MICHAEL CHARLES E,
PRECINCTBUERSKINS BRADAC HULL KLAUER POLSEAN PRATT STORK TOTAL
1 183 147 27 229 74 71 74 411
2 58 55 16 109 44 49 39 201
3 100 77 23 178 51 40 37 258
4 277 128 27 241 102 127 98 517
5 109 79 24 147 54 48 41 260
6 71 75 19 137 61 42 44 234
7 59 54 14 93 51 26 20 166
8 87 62 25 125 51 66 59 254
9 69 56 16 88 28 51 33 192
10 126 83 23 149 39 84 56 304
11 176 142 53 232 60 112 119 478
12 175 100 39 163 56 128 88 408
13 287 104 53 230 58 208 210 612
14 146 97 28 167 43 103 114 380
15 132 123 27 185 50 106 85 385
16 186 116 43 180 52 114 124 433
17 204 123 52 218 67 92 163 498
18 149 98 42 161 57 106 166 420
19 254 154 51 233 48 179 272 627
20 & 27 234 141 52 226 61 185 195 586
21 203 111 40 185 49 150 182 503
22 169 97// 37 153 37 148 174 429
23 223 ~2~ 42 224 49 130 142 512
24 215 ~00 67 164 36 178 161 510
25 153 66 44 107 24 180 164 392
26 30 25 16 60 25 23 31 113
Absentee 45 32 8 50 14 40 25 120
TOTAL 4120 2571 908 4434 1341 2786 2916 10203
We, the undersigned members of the Board of Supervisors of Dubuque Coun-
ty, Iowa and exofficio Board of Canvassers for said county, do hereby certify
that the Municipal Primary Election held October 13, 1981, the following persons
were nominated to have their names placed on the General Municipal Election
Ballot as candidates for the office of Councilmen-at-Large.
John P. Klauer
Thomas J. Buerskens
Charles E. Stork
Michael Pratt
In testimony, whereof, we have hereunto set our hands and caused this to be
attested to and sealed by the County Auditor as Commissioner of Elections, this
15th day of October, 198L
Donna L. Smith Lloyd C. Hayes Wilfred Bahl
Chairperson Member Member
ATTEST:
Terrence J. Hirsch
County Auditor
Commissioner of Elections
There were three (3) write-in votes for Councilmen-at-Large, Mike King, Wayne
Petesch and James Brady.
Council Member Pratt moved that the certlfication be received and filed and
made a matter of record. Seconded by Council Member Brady, Carried by the
following vote:
Yeas--Mayor King, Council Members Brady, Farrell, Felderman, Pratt.
Nays--None.
Proof of publication, certified to by the Publisher, of List of Claims and
Receipts for month of September, 1981, presented and read.
Council Member Pratt moved that the proof of publication be received and fil-
ed. Seconded by Council Member Brady. Carried by the following vote:
Yeas--Mayor King, Council Members Brady, Farrell, Felderman, Pratt.
Nays--None.
Regular Session November 2, 1981 485
MINUTES SUBMITTED: Airport
Commission of 10-13 (2); Dock Com-
mission of 10-1; Housing Commission
of 10-20; Human Rights Commission
of 9-2 & 9-8; P & Z of 10-7 & 10-12 &
10-21; Recreation Commission of
10-12; Transit Board of 10-8; Zoning
Board of Adjustment of 10-15;
presented and read.
Council Member Pratt moved that
the minutes be received and filed.
Seconded by Council Member Brady.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Felderman, Pratt.
Nays--None.
NOTICES OF CLAIMS: James A.
Bernal, a minor, by Julius Bernal, his
father, vs. Interstate Power Company
and City of Dubuque on six counts of
personal injuries received on or about
10-13-79; Paul Gruber $800 for backed-
up sewer damages received on August
31, 1981 at 428 Raymond Street,
presented and read.
Council Member Pratt moved that
the claims/suits be referred to the Cor-
poration Counsel for investigation and
report. Seconded by Council Member
Brady. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreri, Felderman, Pratt.
Nays--None.
Communication of Corporation
Counsel recommending settlement of
$33,000 to Molo Oil Company for con-
detonation of property resulting from
the widening of John F. Kennedy
Road, presented and read.
Council Member Pratt moved that
the communication be received and fil-
ed and settlement approved and
Finance Director directed to issue pro-
per check. Seconded by Council
Member Brady. Carried by the follow-
lng vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Communication of Corporation
Counsel advising settlement of claim
of John G. Ewert, Jr. has been settled
at no cost to the City of Dubuque, and
recommending claim be denied
presented and read.
Council Member Pratt moved that
the communication be received and fil-
ed and denial approved. Seconded by
Council Member Brady. Carried by the
fonowing vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Communication of Housing Com-
mission advising of reapp0intment of
Doris Hingtgen to serve as Housing
Commission liaslon to Community
Development Commission and re-
questing concurrence from Council,
presented and read.
Council Member Pratt moved that
the communication be received and fil-
ed and concurred with appointment.
Seconded by Council Member Brady.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Communication of Library Director
advising of resignation of Leland P.
Stocker from the Library Board,
presented and read.
Council Member Pratt moved that
the communication be received and fil-
ed and accepted with regret. Seconded
by Council Member Brady. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Refunds Requested-- Design
Center dib/a The Office Grill, $50 on
unexpired Cigarette License,
presented and read.
Council Member Pratt moved that
the refund be approved and Finance
Director directed to issue proper
check. Seconded by Council Member
Brady. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Communication of Civil Aeronautics
Board advising of comments received
from twelve interested carriers and
civic groups regarding an exemption
pursuant to Section 403 of the Federal
Aviation Act of 1958, presented and
read.
Council Member Pratt moved that
the communication be referred to the
Airport Commission. Seconded by
Council Member Brady. Carried by the
following vote:
Yeas--Mayor King, Council Mem-
bets Brady, Farreli, Feldermar~, Pratt.
Nays--None.
Communication of City Manager
submitting Fiscal Year 1981 audit
reports for Parking Facilities, Sewage
Utility, Water Utility, Transit (Bus)
System and Dubuque Metropolitan
Solid Waste Agency, presented and
read.
Council Member Pratt moved that
the communication be received and
486
Regular Session, November 2, 1981
fried. Seconded by Council Member
Brady. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Felderman, Pratt.
Nays~--None.
October 27, 1981
Honorable Mayor and
Members of the City Council
In accordance with the provisions of
Chapter 400 of the 1981 Code of Iowa,
the Civil Service Commission con-
ducted Promotional Examinations on
September 22nd and 24th, 1981 for
members of the Police Department.
The following members of the Police
Department have passed the written
promotional examinations with an
average of seventy percent (70%) or
better and comprise of the top ten in
each position.
SERGEANT
William Gravatt
Robert William Flannery
Kevin McTague
Eric Schneider
Thomas E. Callahan
Cyril Oswald
Larry C. Verdick
Dave J. Weis
Steven Hoth
Thomas Raschke
DETECTIVE
William Gravatt
Robert William Flannery
Thomas E. Callahan
Nell Eldon Weiss
John C. Galle
Kevin McTague
William Davis
Larry C. Verdick
Thomas Fessler
Thomas Raschke
CAPTAIN
Cyril W. Oswald
Paul J. Feller
Frederick Robert Paar
John D. Stevens
All promotions within the Police
Department should be made from the
above lists.
Additional personnel is available, as
a second list, in the various classifica-
tions of Sergeant and Detective, pro-
viding the above lists are exhausted
within the next two years.
Dolores A. Reihle
Chairperson
Ann Smith
John E. Hess
Civil Service Commission
ATTEST:
Mary A. Davis
City Clerk
Subscribed and sworn to before me
this 27th day of October, 1981.
Karen M. Chesterman
Notary Public
My commission expires 9-30-83.
Council Member Pratt moved that
the communication be received and fil-
ed and be made a matter of Record.
Seconded by Council Member Brady.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bets Brady, Farreil, Felderman, Pratt.
Nays--None.
October 27, 1981
Honorable Mayor and
Members of the City Council
In accordance with the provisions of
Chapter 400 of the 1981 Code of Iowa,
the Civil Service Commission con-
ducted Promotional Examinations on
September 29th and October let, 1981
for members of the Fire Department.
The following members of the Fire
Department have passed the written
promotional examinations with an
average of seventy percent (70%) or
better.
LIEUTENANT
Michael Weidemann
James A. Potter
Michael J. Fitschen
Thomas P. Richman
FIRE EQUIPMENT OPERATOR
James J. Burdt
James A. Potter
Michael J. Fitschen
Robert K. Laubscher, Jr.
Patrick L. Kutsch
Richard F. Roepsch
CAPTAIN
Frank B. Potter
Edward A. Coleman
Kenneth J. Link
Gerald L. Udelhofen
ASSISTANT CHIEF!
DIVISION CHIEF
William Miller
William F. Cherrier
John Pregler
All promotions within the Fire
Department should be made from the
above lists.
Dolores A. Reihlo
Chairperson
Ann Smith
John E. Hess
Civri Service Commission
ATTEST:
Mary A. Davis
City Clerk
Subscribed and sworn to before me
this 27th day of October, 1981.
Regular Session November 2, 1981
Karen M. Cbesterman
Notary Publia
My commission expires 9-30-83.
Council Member Pratt moved that
the communication be received and fil-
ed and be made a matter of record.
Seconded by Council Member Brady.
Carried by the £ollowing vote:
Yeas--Mayor King. Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
October 27, 1981
Honorable Mayor and
Members of the City Council
In accordance with the provisions of
Chapter 400 of the 1981 Code of Iowa,
the Civil Service Commission con-
ducted examinations for the position
of Food and Restaurant Sanitarian, on
October 27, 1981.
The following named persons have
passed the written examination with
an average of 70% or better.
Frances G. Kringle
David L. Kunkel
Mary B. Unsen
Paul A. Buss, Jr.
Nancy A. Jochum
John A. Marlno
Joyce A. Fowler
Tamara J. Prenosfl
Lenora L. Weets
Thomas G. Elders
Judith E. Hall
Dolores A. Reilde
Chairperson
Ann Smith
John E. Hess
Civil Service Commission
ATTEST:
Mary A. Davls
City Clerk
Subscribed and sworn to before me
this 28th day of October, 1981.
Karen M. Chesterman
Notary Public
My commission expires 9-30-83.
Council Member Pratt moved that
the results of the Examinations be
received and filed and be made a mat-
ter of record. Seconded by Council
Member Brady. Carried by the follow-
ing vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
There being no further business,
Council Member Felderman moved to
adjourn. Seconded by Council Member
Pratt. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Mary A. Davis
City Clerk
Approved__
Adopted _
Council Members
ATTEST:
City Clerk
487
.1982
1982
488
Special Session, November 9, 1981
CITY COUNCIL
OFFICIAL
Special Session, November 9, 1981.
Council Met at 7:30 P.M. (C.S.T.)
Present--Mayor King, Council
Members Brady, Felderman, Pratt,
City Manager W. Kenneth Gearhart,
Corporation Counsel R. N. Russo.
Absent--Council Member Farrell.
Mayor King read the call and stated
that service thereof had been duly
made and this Meeting is called for the
purpose to conduct Public Hearings
authorizing the issuance and sale of
Industrial Development Revenue
Bonds to Klauer Manufacturing Com-
pany and Frommelt Industries, Inc.
and acting upon such other business
which may properly come before the
Council.
Proof of publication, certified to by
the Publisher, of Notice of Public
Hearing to dispose of interest in real
estate to Klauer Manufacturing Com-
pany for property located in River
Front Subdivision No. 5, presented
and read.
There were no written objections
received and no oral objectors present
at the time set for the Hearing.
Council Member Felderman moved
that the proof of publication be receiv-
ed and filed. Seconded by Council
Member Pratt. Carried by the follow-
ing vote:
Yeas--Mayor King, Council Mem-
bers Brady, Felderman, Pratt.
Nays--None.
Absent--Council Member Farrell.
RESOLUTION NO. 349-81
WHEREAS, pursuant to Resolution
and published notice of time and place
of hearing, published in tbe Telegraph-
Herald, a newspaper of general circula-
tion, published in the City of Dubuque,
Iowa on October 30, 1981, the City
Council of the City of Dubuque, Iowa
met on the 9th day of November, 1981
at 4:30 o'clock p.m. (C.S.T.) in the City
Council Chambers, City Hall, Dubu-
que, Iowa to consider the proposal to
dispose of interest of the City of Dubu-
que, Iowa in real estate to KLAUER
MANUFACTURING COMPANY of
Dubuque, Iowa, which real estate pro-
posed for disposition is described as
follows, to-wit:
Lot 2 of Lot 1, Block 1. "River Front
Subdivision No. 5", consisting of
0.315 acres, more or less
and
Lot 2 of the Subdivision of Lot 1 of
Lot 1, Block 1, "River Front Sub-
division No. 5" consisting of 0.223
and
WHEREAS, the City Council of the
City of Dubuque, Iowa overruled any
and all objections, oral or written, to
the proposal to dispose of interest of
the City of Dubuque, Iowa in the here-
inabove real estate to the above named
KLAUER MANUFACTURING
COMPANY of Dubuque, Iowa;
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the disposal of in-
terest by the City of Dubuque, Iowa in
the hereinabove described real estate
to KLAUER MANUFACTURING
COMPANY of Dubuque, lowa be and
the same is hereby approved for in con-
sideration for the price of $0.81 per
square foot for the property to be con-
veyed, and same shall be subject to
conditions and restrictions set forth as
Paragraphs five (5), eight {8) and ten
(10) contained in that Option Agree-
ment adopted on June 2, 1978 and as
amended on November 19, 1979; and
that the conveyance shall be by Quit
Claim Deed and said conveyance shall
be subject to and the City reserves un-
to itself a perpetual easement in, over
and across said real estate for public
utilities, together with, and including,
the right of ingress and egress thereto
for the purpose of repairing and main-
taining existing sewer and public
utilities.
Section 2. That the City Clerk be and
she is hereby directed and authorized
to deliver deed of conveyance convey-
ing the above described real estate to
the above named Grantee upon receipt
of the purchase price in full
Section 3. That the City Clerk be and
she is hereby authorized and directed
to record a certified copy of this
Resolution in the offices of the City
Assessor, County Auditor and Dubu-
que County Treasurer.
Passed, adopted and approved this
9th day of November, 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 Mere-
Special Sessio~
bers Brady, Felderman, Pratt.
Nays--None.
Absent--Council Member Farrell.
Proof of publication, certified to by
the Publisher, of Notice of Public
Hearing to consider approval of a
Lease Agreement by and between the
City and Klauer Manufacturing Com-
pany for certain properties loce~ed in
River Front Subdivision No. 5,
presented and read.
There were no written objections
received and no oral objectors present
at the time set for the Hearing.
Council Member Felderman moved
that the proof of publication be receiv-
ed and filed. Seconded by Council
Member Pratt. Carried by the follow-
lng vote:
Yeas--Mayor King, Council Mem-
bers Brady, Felderman, Pratt.
Nays--None.
Absent--Council Member Farreil.
RESOLUTION NO. 350-81
WHEREAS, pursuant to Resolution
and published notice of time and place
of hearing, ~ublished in the Telegraph-
Herald, a newspaper of general circula-
tion published on the 30th day of Oc-
tober, 1981 in the City of Dubuque,
Iowa, the City Council of the City of
Dubuque, Iowa met on the 9th day of
November, 1981, at 4:30 o'clock p.m.
(C.S.T.) in the City Council Chambers
in the City Hall, Dubuque, Iowa to
consider the proposal to enter into a
Lease Agreement by and between the
CITY OF DUBUQUE, Iowa, as
Lessor and KLAUER MANUFAC-
TURING COMPANY, as Lessee, for
that portion of real estate adjoining
Lot 1 of Lot i of Lot 1 of Block i in
"River Front Subdivision No. 5" and
abutting property owned by Lessee, as
delineated upon "Exhibit A" to
Resolution No. 315-81 and subject to
such other terms and conditions as set
forth therein, a copy which Lease
Agreement is hereto attached, and by
reference made a part hereof as though
fully set out herein; and
WHEREAS, the City Council of the
City of Dubuque, Iowa overruled any
and ail objections, oral or written, to
the proposal to grant said Lease
Agreement under the terms and condi-
tions of said Lease Agreement set out
therein;
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
, November 9, 1981 489
Section L That the proposal to enter
into a Lease Agreement by and bet-
ween the CITY OF DUBUQUE,
IOWA, as Lessor, and KLAUER
MANUFACTURING COMPANY, as
Lessee, covering that portion of real
estate adjoining Lot I of Lot i of Lot ~
of Block 1 in "River Front Subdivision
No. 5" and abutting property owned
by Lessee, as delineated on "Exhibit
A " attached to Resolution No. $~5 and
subject to such terms and conditions
as set forth therein, a copy of which is
hereto attached and by reference made
a part hereof as though fully set out
herein be and the same is hereby ap-
proved under the terms and conditions
set out in said Lease Agreement.
Section 2. That the Mayor and C~ty
Clerk be and they are hereby authoriz-
ed and directed to execute said Lease
Agreement for and on behalf of the
City of Dubuque, loww
Section 3. That the City Clerk be and
she is hereby directed to file a certified
copy of this Resolution in the office of
the Dubuque County Recorder and the
office of the City Assessor.
Passed, adopted and approved this
9th day of November, 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, Felderman, Pratt.
Nays--None.
Absent--Council Member Farrell.
Proof of publication, certified to by
the Publishor, of Notice of Public
Hearing on intention to issue In-
dustrial Development Bonds for
Klauer Manufacturing Company Pro-
ject, presented and read.
There were no written objections
received and no oral objectors present
at the time set for the Hearing.
Council Member Felderman moved
that the proof of publication be receiv-
ed and filed. Seconded by Council
Member Brady. Carried by the follow-
ing vote:
Yeas--Mayor King, Council Mere-
bors Brady, Felderman, Pratt.
Nays--None.
Absent--Council Member Farrell.
RESOLUTION NO. 351-81
Resolution to Proceed with the Is-
490
Special Session, November 9, 1981
suance and Sale of Industrial Develop-
ment Revenue Bonds, (Klauer
Manufacturing Company Project) in
an aggregate principal amount not to
exceed $7,0~0,000
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
Chapt ex 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-
Lng of any agricultural or manufac-
tured products or of any commercial
enterprise engaged in storing,
warehousing or distributing products
of agriculture, mining or industry, or
of a national, regional or divisional
headquarters facility of a company
that does multistate business; and
WHEREAS, the Issuer has been re-
quested by Klauer Manufacturing
Company (the "Company"), an Iowa
corporation, to issue its industrial
development revenue bonds to finance
the company's acquisition by con-
struction or purchase of land,
buildings, equipment and im-
provements suitable for use as a
warehousing and manufacturing facili-
ty (the "Project") to be located within
the Issuer, which will promote the
welfare of the Issuer and its citizens.
The Project is anticipated to be com-
pleted in two or more phases. The first
phase is presently intended to consist
of the acquisition of land and con-
structing and equipping of a
warehouse to be constructed accor-
ding to manufacturing design. The
estimated cost of phase I is approx-
imately $2,000,000. The second phase
of the Project consists of the acquiring
of land and constructing and equipp-
big and improving a manufacturing
and offico facility and this phase may
be further divided into separate
phases taking into account design,
construction, cost and borrowing con-
siderations. 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, (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
the Company under a Loan Agreement
between the Issuer and the Company,
the obligation of which will be suffi-
cient to pay the principal of and in-
terest and redemption premium, if
any, on the Bonds, as and when the
same shall be due; and
WHEREAS, notice of intention to
issue the Bonds has, as directed by the
City Council of the Issuer, been duly
given in compliance with the Act; and
WHEREAS, a public hearing has
been held on the proposal to issue the
Bonds at the time and place as
specified in said notice and all objec-
tions or other comments relating to
the issuance of the Bonds have been
heard;
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE ISSUER, AS FOLLOWS:
Section 1. It is hereby determined it
is necessary and advisable that the
Issuer proceed with the issuance and
sale of the Bonds as authorized and
permitted by the Act to finance the
cost of the project, and such actions
will be taken by the Issuer as may be
required pursuant to the provisions of
the Act to authorize, issue and sell the
Bonds.
Section 2. The Issuer will enter into
all agreements necessary to be entered
into by the Issuer in connection with
the issuance and sale of the Bonds.
The City Attorney shall approve all
agreements to be entered into in con-
nection with the issuance of the Bonds
and such agreements shall be authoriz-
ed and approved after due considero,
tion by this Council prior to their ex-
ecution by the Issuer.
Section 3. The Mayor, the City Clerk
and the City Attorney are hereby
authorized and directed to do any and
all things deemed necessary in order to
effect the accomplishment of the Pro-
ject and the issuance and sale of the
Bonds.
Section 4. All resolutions and parts
thereof in conflict herewith are hereby
repealed to the extent of such conflict.
Section 5. This Resolution shall
become effective immediately upon its
passage and approval
Passed, adopted and approved this
9th day of November, 1981.
D. Michael King
Mayor
Special Session November 9, 1981
491
ATTEST:
Mary A. Davis
City Clerk ISeal)
Council Member Felderman moved
adoption of the Resolutinn. Seconded
by Council Member Brady. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Felderman, Pratt.
Nays--None.
Absent--Council Member Farrell.
Proof of publication, certified to by
the Publisher, of Notice of Public
Hearing of Intention to issue In-
dustrial Development Revenue Bonds
for Frolnmelt Industries, Inc. Project,
presented and read.
There were no written objections
received and no oral objectors present
at the time set for the Hearing.
Council Member Pratt moved that
the proof of publication be received
and filed. Seconded by Council
Member Felderman. Carried by the
following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Felderman, Pratt.
Nays--None.
Absent--Council Member Farrell.
RESOLUTION NO. 352-81
Resolution to Proceed with the Is-
suance and Sale of Industrial Develop-
ment Revenue Bonds, Series 1981
(Frommelt Industries, Inc. Project) in
an aggregate principal amount not to
exceed $5,000,000
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-
lng of any agricultural or manufac-
tured products or of any commercial
enterprise engaged in storing,
warehousing or distributing products
of agriculture, minlng or industry, or
of a national, regional or divisional
headquarters facility of a company
that does multistato business; and
WHEREAS, the Issuer has been re-
quested by Frommelt Industries Inc.
(the "Company"), an Iowa corpora-
tion, to issue its industrial develop-
ment revenue bonds to finance the
Company's acquisition by construc-
tion or purchase of buildings, equip-
ment and improvements suitable for
use as a manufacturing plant for
material handling equipment (the
"Project") to be located within the
Issuer, which will employ substantial
numbers of people from and near the
Issuer with the resulting increased
employment, substantial payrolls and
other public benefits flowing
therefrom; 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':~uffi-
cient to pay tho principal of and in-
terest and redemption premium, if
any, on the Bonds, as and when the
same shah be due; and
WHEREAS, notlce of intention to
issue the Bonds has, as directed by the
City Council of the Issuer, been duly
given in compliance with the Act; and
WHEREAS, a public hearing has
been held on the proposal to issue the
Bonds at the time and place as
specified in said notice and all objec-
tions or other comments relating to
the issuance of the Bonds have been
heard;
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE ISSUER, AS FOLLOWS:
Section 1. It is hereby determined it
is necessary and advisable that the
Issuer proceed with the issuance and
sale of the Bonds as authorized and
permitted by the Act to finance the
cost of the Project~ and such actions
will be taken by the Issuer as may be
required pursuant to the provisions of
the Act to authorize, issue and sell the
Bonds.
Section 2. The Issuer will enter into
all agreements necessary to be entered
into by the Issuer in connection with
the issuance and sale of the Bonds.
The City Attorney shah approve all
agreements to be entered into in con-
nection with the issuance of the Bonds
and such agreements shah be authoriz-
ed and approved after due considera-
tion by this Council prior to their ex-
ecution by the Issuer.
492
Special Session, November 9, 1981
Section 3. The Mayor, the City Clerk
and the City Attorney are hereby
authorized and directed to do any and
all things deemed necessary in order to
effect the accomplishment of the Pro-
ject and the issuance and sale of the
Bonds.
Section 4. Ali resolutions and parts
thereof in conflict herewith are hereby
repealed to the extent of such conflict
Section 5, This Resolution shall
become effective immediately upon its
passage and approval
Passed, adopted and approved this
9th day of November, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk (Seal)
Council Member Pratt moved adop-
tion of the Resolution. Seconded by
Council Member Felderman. Carried
by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Felderman, Pratt.
Nays--None.
Absent--Council Member Farreli.
RESOLUTION NO. 353-81
Resolution Clarifying Ordinance No.
47-81 Vacating Pine Street from the
East Property Line of Market Street
to the West Property Line of Bell
Street, Vacated Wall Street from the
East Property Line of Market Street
to the West Property Line of Fourth
Street, Vacated Alley Between Wall
Street and Washington Street from
the East Property Line of Market
Street to the West Progerty Line of
Fourth Street, and Vacated
Washington Street from the East Pro-
perty Line of Market Street to the
West Property Line of Fourth Street.
WHEREAS, the City Council of the
City of Dubuque, Iowa, passed Or-
dinance NO. 47-81 on September 8,
1981, which was filed for record on Oc-
tober 20, 1981, Instrument #6186-81 of
the records of Dubuque County, Iowa;
and
WHEREAS, in said ordinance the
City Council was vacating the streets
and alleys identified in the ordinance
as such streets and alleys are no longer
required for public use and the vaca-
tion of said streets and alleys should
be approved;
WHEREAS, in Section 1 of Or-
dinance 47-81, it states that lot
numbers 39A, Block 11, Lot 39A,
Block 22; Lot 39B, Block 22; and Lot
39A, Block 26 in Dubuque Harbor Im-
provement Company's Addition, in
Dubuque, Iowa, were being vacated
rather than the streets and alleys and
a resolution clarifying said Ordinance
is therefore necessary.
NOW, THEREFORE, BE IT OR-
DAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the streets and alleys
identified above are hereby vacated as
the City of Dubuque no longer requires
said streets and alleys for public use;
and the lot numbers heretofore describ-
ed as: Lot 39A, Block 11; Lot $9A,
Block 22; Lot 39B, Block 22; and Lot
39A, Block 26 in Dubuque Harbor lm~
provement Company's Addition, in
Dubuque, Iowa, according to the
recorded plat thereof, are hereby ap-
proved and confirmecL
Passed, adopted and approved this
9th day of November, 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, Felderman, Pratt.
Nays--None.
Absent--Council Member Farrell.
RESOLUTION NO. 354-81
Resolution approving Affidavit of
Possession re:
Lot 39A Block 11, Lot 39A Block 22,
Lot 39B Block 22 and Lot 39A Block
26 aH in Dubuque Harbor Improve-
merit Company's Addition, AND
Lot 1 of Public Square, Lot 1 of 1 of
7, Lot 1 of 8, Lot 1 of 9, Lots 10
through 19, inclusive, Lot 1 of 1 of
28, Lot 1 of 27, Lot 1 of 26 and Lots
20 through 25, inclusive, all in Block
22 in Dubuque Harbor Improvement
Company's Addition AND Lot 1 of 1
of 16, Lot 1 of Lot 17, Lot 1 of 18,
and Lot 19 in Block 26 in Dubuque
Harbor Improvement Company's
Addition and Lot 1 of 20, Lot 1 of 21,
Lot 1 of Lot 22, Lot 1 of 23, Lot 1 of
24, Lot 1 of 25, Lot i of 26, Lot 1 of
27, Lot 1 of 28, Lot 1 of 29, Lot 1 of
30, Lot 1 of 31, Lot i of 32, and Lot 1
of 33 aH in Block 11 of Dubuque Har-
bor Improvement Company's Addi-
tion, an of which is commonly known
as "Petrakls Park" in the City of
Special Session, November 9, 1981
493
Dubuque, Iowa, according to recorded
plats thereof, and together with and
subject to all existing easements for
public utilities and together with right
of ingress and egress to repair and
maintain the same.
WHEREAS, there has been
presented to the City Council of the
City of Dubuque, Iowa, an Affidavit of
Possession covering the above-
described real estate, which the City of
Dubuque, Iowa, is asked to execute, so
same can be recorded to clarify title to
the above-described property it recent-
ly sold and conveyed to The Pillsbury
Company, pursuant to Section 614.17,
Code of Iowa (1981); and
WHEREAS, said Affidavit of
Possession is in conformity with the
law and the facts therein are true and
correct;
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. The Affidavit of Posses~
sion concerning the above-described
real estate is true and correct and
should be filed to confirm title to the
above-described real estate under the
provisions of Section 614.17, Code of
Iowa (1981) and other statutes r~lative
thereto;
Section 2. That the Mayor and the
City Clerk be and they are hereby
authorized and directed to execute
said Affidavit of Possession and ee~
tiffed copy of this Resolution and
deliver same to The Pillsbury Corn~
pany for r~eordation in the offices of
the Recorder of Dubuque County,
Iowa,
Passed, adopted and approved this
9th day of November, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Pratt moved adop-
tion of the Resolution. Seconded by
Council Member F~elderman. Carried
by the following vote:
Yeas--Mayor King, Council Mem-
bers Felderman, Pratt.
Nays--None.
Abstain--Council Member Brady.
Absent--Council Member Farrell.
4:42 P.M. Council Went into Ex-
ecutive Session.
5:02 P.M. Council reconvened
Special Session.
Council gave directions to City
Manager regarding Collective
Bargaining.
There being no further business,
Council Member Pratt moved to ad=
journ. Seconded by Council Member
Felderman. Carried by the foliowing
vote:
Yeas--Mayor King, Council Mem-
bers Brady, Felderman, Pratt.
Nays--None.
Absent--Council Member FarrelL
Mary A. Davis
City Clerk
Approved .1982
Adopted .1982
Council Members
ATTEST:
City Clerk
494
Special Session, November 16, 1981
CITY COUNCIL
OFFICIAL
Special Session, November 16, 1981.
Council Met at 7:30 P.M. (C.S.T.)
Present--Mayor King, Council
Members Brady, Farrell, Felderman
Pratt, City Manager W. Kenneth
Gearhart, Corporation Counsel R. N
Russo.
Mayor King read the call and stated
that service thereof had been duty
made and this Meeting is called for the
purpose to conduct a Public Hearing
regarding the allowance of Hotel and
Motels as permitted uses in a C-6 Plan-
ned Commercial District and acting
upon such other business which may
properly come before the Council.
Proclamation: Nov. 22-28, 1981 as
"Fancily Week" received by Rick
Baumhover.
Council Member Pratt moved to sus-
pend the rules to let anyone present
address the Council if they so desire.
Seconded by Council Member Brady.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bets Brady, Farrell, Felderman, Pratt.
Nays--None.
Proof of publication, certified to by
the Publisher, of Notice of Public
Hearing to consider a project for
which Federal Operating Assistance
under Section of the UMTA Act is
being sought to offset part of the oper-
ating cost of the Keyline Transit Sys-
tem for FY '82, presented and read.
There were no written objections re-
ceived and no oral objectors present at
the time set for the Hearing.
Council Member Pratt moved that
the proof of publication be received
and filed. Seconded by Council Mem-
ber Felderman. Carried by the follow-
ing vote:
Yeas--Mayor King, Council Mem-
bets Brady, Farrell, Felderman, Pratt.
Nays--None.
Proof of publication, certified to by
the Publisher, of Notice of Public
Hearing to amend Zoning Ordinance
to reclassify property in Terrace
Heights Subd. from R-4 PUD Multi-
Family Residential Planned Unit De-
velopment District to C-2 Local Set-
vice Commercial District Classifica-
tion, presented and read.
There were no written objections re-
ceived and no oral objectors present at
the time set for the Hearing.
Council Member Felderman moved
that the proof of publication be re-
ceived and filed. Seconded by Council
Member Pratt. Carried by the follow-
ing vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
ORDINANCE NO. 57-81
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING
THAT THE CODE OF OR-
DINANCES, 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 RECLASSIFYING
"THAT PORTION OF LOT 1-D OF
TERRACE HEIGHTS SUBD. IN
THE CITY OF DUBUQUE, IOWA,
EXTENDING 200 FEET SOUTH
FROM FLAMINGO RD. AND 131
FEET WEST FROM PERU RD."
LOCATED SOUTH OF THE ENTRY
TO TERRACE HEIGHTS MOBILE
HOME PARK ON PERU RD. FROM
R-4 PUD MULTI-FAMILY RESI-
DENTIAL PLANNED UNIT DE-
VELOPMENT DISTRICT CLASSI-
FICATION TO C-2 LOCAL SER-
VICE COMMERCIAL DISTRICT
CLASSIFICATION, said Ordinance
having been presented and read at the
Council Meeting of Oct. 19, 1981,
)resented for final adoption.
ORDINANCE NO. 57-8I
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 RECLASSIFYING
HEREINAFTER DESCRIBED
PROPERTY LOCATED SOUTH
OF THE ENTRY TO TERRACE
HEIGHTS MOBILE HOME PARK
ON PERU ROAD FROM R~4 PUD
MULTLFAMILY RESIDENTIAL
PLANNED UNIT DEVELOP-
MENT DISTRICT CLASSIFICA-
TION TO C-2 LOCAL SERVICE
COMMERCIAL DISTRICT CLAS-
SIFICATION.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUN~
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Code of Ordi-
nm~ces 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
Special Session November 16, 1981 495
496
Special Session, November 16, 1981
of Dubuque, Iowa"~ to reclassify
hereinafter described property from
"R-4 PUD Multi-Family Residential
Planned Dnit Development District"
classification, to "C-2 Local Service
Commercial District classification, to
wit:
That portion of Lot 1-D of Terrace
Height.s Subdivision ha the City of
Dubuque, Iowa, extending 200 feet
south from Flamingo Road and 131
feet west fi'om Peru Road..
SECTION 2. That the foregoing
amendment has heretofore been
approved by the Planning and Zoning
Commission of the City of Dubuque,
Iowa.
PASSED, ADOPTED AND
APPROVED tliis 16th day of
November. 1981.
D. Michael King
MAYOR
ATTEST:
Mary A. Davis
CITY CLERK
Published ofilcially in the Telegraph
Herald newspaper this 23rd day of
November, 198l
Mary A. Davis
City Clerk
It 11/23
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.
Proof of publication, certified to by
the Publisher, of Notice of Public
Hearing to amend Zoning Ordinance
regarding the allowance of Hotel and
Motels as permitted uses in a C-6
Planned Commercial District, pre-
sented and read.
There were no written objections re-
ceived and no oral objectors present at
the time set for the Hearing.
Council Member Pratt moved that
the proof of publication be received
and filed. Seconded by Council Mem-
ber Felderman. Carried by the follow-
ing vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreli, Felderman, Pratt.
Nays--None.
ORDINANCE NO. 58-81
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING
THAT THE CODE OF OR-
DINANCES, CITY OF DUBUQUE,
IOWA, BE AMENDED BY REVIS-
ING APPENDIX A T~EREOF,
ALSO KNOWN AS THE ZONING
ORDINANCE AND ZONING MAP
THE CITY OF DUBUQUE, IOWA"
BY ENACTING A NEW SECTION
4-117,2, 8) OF ARTICLE IV THERE-
OF, TO ALLOW HOTELS AND
MOTELS AS PERMITTED USES IN
A C-6 PLANNED COMMERCIAL
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 DISTRICT REGU-
LATIONS IN LIEU THEREOF, TO
MODIFY THE REQUIRED SET-
BACK AND MAXIMUM BUILD-
ING HEIGHT REQUIREMENTS OF
THE C-6 PLANNED COMMERCIAL
DISTRICT, said Ordinance having
been presented and read at the Council
Meeting of October 19, 1981, pre-
sented for final adoption.
ORDINANCE NO. 58-81
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 A NEW
SECTION 4-117.2,8) OF ARTICLE
IV THEREOF, TO ALLOW
HOTELS AND MOTELS AS PER~
MITTED USES IN A C-6
PLANNED COMMERCIAL DIS-
TRICT, 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 DISTRICT REG-
ULATIONS IN LIEU THEREOF,
TO MODIFY THE REQUIRED
SET BACK AND MAXIMUM
BUILDING HEIGHT REQUIRE-
MENTS OF THE C-6 PLANNED
COMMERCIAL DISTRICT.
NOW, THEREFORE, BE IT
ORDAINED by the City Council of
the City of Dubuque, Iowa:
Section 1. That the Code of Ordi-
nances of the City of Dubuque, Iowa,
be amended by revising Appendix A
thereof, also known os the "Zoning
Ordinance and Zoning Map of she City
of Dubuque, Iowa", by enacting a new
Section 4-117.2, 8) of Article IV
thereof, as follows:
4-117.2 Principal Permitted Uses
In the C-6 Commercial District, no
building, structure, or land shall be
used, and no building or structure shall
be built or altered to be used in whole
or in part, except for the following pur-
poses:
"8) Hotels and Motels"
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 Zoning Map of the City
of Dubuque, Iowa", by repealing the
C-6 Schedule of District Regulations of
Section 4-117.5 of Article IV thereof,
and enacting a new Schedule of Dis~
trict Regulations of Section 4-117.5 in
lieu thereof, as follows:
Section 4-117.5 Schedule of District
Regulations Adopted
C-6 Schedule of
District Regulations
All Principal Permitted Uses,
Accessory Uses, or Conditional Uses
Minimum Required Set-back from
nearest public street, As spedffied on
the approved C-6 District plan but not
less thm~ 20 feet; Minimum Required
Set-back from adjoining Residential or
Office-Residential District, As specified
on tlie approved C-6 District plan but
not less than 12 feet; Maxinmm Build-
ing height, As specified on the
approved C-6 District plan; Minimum
Required Off-Street Parking Spaces,
1.0 per 200 square feet of gross floor
Section 3. That the foregoing
amendinent has heretofore been
approved by the Planning and Zoning
Commission of the City of Dubuque,
Iowa,
PASSED, ADOPTED AND
APPROVED this I6th day of
November, 1981.
D. Michael King
MAYOR
ATTEST:
Mary A. Davis
CITY CLERK
Published officially in the Telegraph
Herald newspaper this 23rd day of
November, I981.
Mary A. Davis
City Clerk
Council Member Pratt moved final
adoption of the Ordinance. Seconded
by Council Member Felderman. Car-
ried by the following vote:
Yeas--Mayor King, Council Mem-
bets Brady, Farrell, Felderman, Pratt.
Nays--None.
Proof of publication, certified to by
the Publisher, of Notice of Public
Hearing to amend Zoning Ordinance
to reclassify properties for Key City
Investment Co. from C-3 Arterial
Business Commercial District to C-6
Planned Commercial District, pre-
sented and read.
There were no written objections re-
ceived.
Donald Deich, Sr., 2605 Washing-
ton, expressed concern with the traffic
exit on Highway 20 if the proposed de-
velopment took place.
Council Member Pratt moved that
the proof of publication be received
and filed. Seconded by Council Mem-
ber Felderman. Carried by the follow-
ing vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Ralph Martinson, Developer of Key
City Investment Co. and Dick Hock-
ing of Barton Aschman Associates,
presented specifics of the proposed de-
velopment and traffic concerns rela-
tive to the contemplated plan(s), advis-
ing the project to be completed in five
different phases.
ORDINANCE NO. 59-81
AN ORDINANCE AMENDING
ZONING ORDINANCE TO RE.
CLASSIFY PORTIONS OF PRO-
PERTY LOCATED IN HAWKEYE
STOCK FARM, RUDOLF'S FARM,
M.L. 246 AND FRANK WINDERS
PLACE FROM C-3 ARTERIAL
BUSINESS COMMERCIAL TO C-6
PLANNED COMMERCIAL DIS-
TRICT, said Ordinance having been
presented and read at the Council
Meeting of October 19, 1981, pre-
sented for final adopUwn.
ORDINANCE NO. 59-81
AN ORDINANCE OF THE CITY
OF DUBUQUE, IOWA PROV1D-
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 RECLASSIFYING
PROPERTY HEREINAFTER
DESCRIBED FROM "C-3 ARTE-
RIAL BUSINESS COMMERCIAL
DISTRICT" TO C-6 PLANNED
COMMERCIAL DISTRICT".
WHEREAS, Key City Investment
Company has filed a prelheinary devel-
opment plan and application for
reclas~fficathan of certain property
hereinat~er described from "C-3 Arte-
rial Busine~ Commercial District" to
"C-6 Planned Commercial District" in
acco~lance with the planned-~unit
development distdct regulations as set
Special Session
forth in the Zoniflg Ordinance of the
City of Dubuque, Iowa; and
WHEREAS, the Planning and Zon-
ing Commission has held a public
hearing on said preliminary develop-
ment plan and said application for
zoning reclassification pursuant to
required public notice; and
WHEREAS, the Planning and Zon-
ing Commission has conditionally
approved said preliminary development
plan and said applicatten for zoning
reclassification having found that said
plan conforms with the review stan-
dards applicable to such plans as set
forth in the Zoning Ordinance of the
City of Dubuque, Iowa; and
WHEREAS, the Planning and Zon-
ing Commission has recommended the
concun'ence of the City Council in its
conditional approval of said prelimi-
nary development plan and said appli-
cation for zoning reclassification; and
WHEREAS, the City Council has
received the recommendation of the
Planning and Zoning Commission and
has held its own public hearing on said
preliminary, development plan and said
application for zoning reclassification
pursuant to required public notice;
and
WHEREAS, the City Council has con-
curred in the conditional approval el
said preliminary development plan and
said application fbr zoning reclassifica-
tion;
NOW, THEREFORE, BE IT
ORDAINED by the City Council of
the City of Dubuque, Iowa:
SECTION 1. That the Code of
Ordinances of the City of Dubuque,
Iowa, be amended by revising Appen-
dix A, thereof, also known as the
"Zoning Ordinance and Zoning Map of
thc City of Dubuque, Iowa" by reclas-
sifying fi'om "C-3 ,Arterial Business
Commercial District ,to "C-6 Planned
Commercial District' the following
described property, to wit:
Wachter Place in Center Grove; Lot
1-I of Wacker Drive Place; Lot l-l-I-
l-l-l-l-l-2-1-1 of Hawkeye Stock
Farm; Lot 2-1-]-l-l-l-l-l-2-1-1 of
Hawkeye Stock Farm; Lot 2-l-I-l-2-
1-1 of Hawkeye Stock Farm; Lot 2-1-
2-1-1 of Hawkeye Stock Farm; Lot 2-
1-1-1-1-1-1-2-1-I of Hawkeye Stock
Farm; Lot 1-2-2-2-2-1-1 of Hawkeye
Stock Farm; Lot 2-2-2 of Rudolf's
Farm; Lot 2 of correctkm plat of Lot
1 of Mineral Lot 246; Lot I 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 Rawkeye
November 16, 1981 497
Stock Fromm, all lying within Section
27, Township 89 North, Range 2 East
of the 5th P.M. in the City of
Dubuque, Iowa..
SECTION 2. That the reclassifica-
tion from "C-3 Arterial Business Com-
mercial'' to "C-6 Planned Commercial
District" applied to the property
hereinabove described is a tentative
reclassification and final adoption of
the amendment as set forth in Section
1 of tbis Ordinance shall be subject to
the requirements of Section 4-110.11.3
of Zoning Ordinance of the City of
Dubuque, Iowa, and further that fail-
u~v by Key City Investment Company
to comply with the requirements as set
forth therein, shall automatically
revert said property to its former "C-3
Arterial Business Commercial District"
classification. That the classification
herein granted be and it is hereby sub-
ject to conditions enunciated in 1-18
inclusive by the Planning & Zoning
Commission of the City of Dubuque
established on October 12, 1981.
PASSED, APPROVED AND
ADOFTED this 16th day of
November, 1981.
D. Michael King
MAYOR
ATTEST:
Mary A. Davis
CITY CLERK
Published officially in the Telegraph
Herald newspaper this 23rd day of
November, 1981.
Mary A. Davis
City Clerk
Council Member Pratt moved final
adoption of the Ordinance as amended.
Seconded by Council Member Felder-
man. Carried by the fo]lowing vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Proof of publication, certified to by
the Publishers, of Notice of Public
Hearing to change the name of
Hogrefe Ave. from the W.P.L. of Bur-
den Ave. to its westerly terminus to N.
Burden Ave., presented and read.
There were no written objections re-
ceived.
John Klauer, 1927 University,
stated that he objected to the pending
change as it would be against the
policy of the recently compiled Master
St. List to have one street with two
498
Special-Session, November 16, 1981
Council Member Felderman moved
that the proof of publication be re-
ceived and filed. Seconded by Council
Member Pratt. Carried by the follow-
lng vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nay~--None.
ORDINANCE NO. 60-81
AN ORDINANCE CHANGING THE
NAME OF HOGREFE AVENUE
FROM THE WEST PROPERT~
LINE OF BURDEN AVENUE TO
ITS WESTERLY TERMINUS, TO
NORTH BURDEN AVE., said Ordi-
nance having been presented and read
at the Council Meeting of October 19,
1981, presented for final adoption.
ORDINANCE NO. 60-81
AN ORDINANCE CHANGING
THE NAME OF HOGREFE AVE-
NUE FROM THE WEST PROP-
ERTY LINE OF BURDEN
AVENUE TO ITS WESTERLY
TERMINUS, TO NORTH BURDEN
AVENUE
NOW, THEREFORE, BE IT
ORDAINED by the City Council of
the City of Dubuque, Iowa:
Section 1. That the name of Hogrefe
Avenue fi'om the west property bne
of Burden Avenue to its westerly ter-
minus, be and the same is hereby
changed to North Burden Avenue.
Section 2. That the City Clerk be
and is hereby authorized and directed
to record a certified copy of the Ordi-
nance in the oflice of thc County
Recorder and County Auditor of
Dubuque County, Iowa.
Section 3. This Ordinance shall be in
full tlirce and elfect from and alter
its final passage, adoption and publi-
cation as hy law provided..
PASSEH, APPROVED AND
ADOPTED this 16th day of
November, 1981.
D. Michael King
MAYOR
ATTEST:
Mary A. Davis
CITY CLERK
Published officially in the Telebq'aph
Herald newspaper this 23rd day of'
November, 1981.
Mary A. Davis
City Clerk
Council Member Felderman moved
final adoption of the Ordinance.
Seconded by Counc'fl 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 Notice of Pendency of
Resolution of Necessity for the Waste-
water Treatment Sludge Treatment
Facilities -- Belt Filter Press, pre-
sented and read.
Council Member Felderman moved
that the proof of publication be re-
ceived and filed. Seconded by Council
Member Farreil. Carried by the follow-
ing vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreli, Felderman, Pratt.
Nays--None.
Mr. Al Polsean, 3515 Crescent
Ridge, posed the question of whether
this proposed improvement would
solve all the problems relevant to the
WWT plant.
(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 advis-
able and necessary for the public wel-
fare to make the herein mentioned im-
provement, and unless interested per-
sons at the time of the final considera-
tion of this proposed resolution have
filed objections with the City Clerk to
the proposed plans, specifications,
contract or estimated cost of the im-
)rovement. they shall be deemed to
have waived ail 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 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
October, 1981.
RECORD OF FINAL ADOPTION
The foregoing Resolution was finally
mssed and adopted, as proposed by
the City Council this 16th day of Nc-
Special Session November 16, 1981 499
vember, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Felderman moved
final adoption of the Resolution.
Seconded by Council Member Farrail.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Decision of Council Upon Objections
to Plans, Specifications, Form of Con-
tract and Cost of Improvements
RESOLUTION NO. 355-81
WHEREAS, proposed plans and
specifications and form of contract for
the Wastewater Treatment Sludge
Treatment Facilities -- Belt Filter
Press have been approved by the City
Council of the City of Dubuque and
public notice given as provided by the
Code of Iowa pertaining to public con-
tracts and bonds, and the time and
place fixed for the hearing of all objec-
tions to said plans, specifications or
contract for or cost of such improve-
ments, said time being this 16th day of
November, 1981; and
WHEREAS, the City Council met in
special session this 16th day of No-
vember, 1981, at 7:30 p.m. at the City
Council Chambers in the City Hall for
the purpose of hearing all interested
parties and considering any and all ob-
jections which have been filed to the
proposed plans, specifications or con-
tract for or cost of the improvement
herein described and proposed to be
made; and
WHEREAS, all interested parties
have been given an opportunity to be
heard and all objections which have
been duly weighed and considered;
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of the
City of Dubuque, that ali objections
which have been made and filed to the
plans, specifications, contract for or
cost of said improvement herein de-
scribed and proposed to be made, be
and the same hereby overruled and
such plans, specifications and form of
contract heretofore approved are here-
by adopted.
BE IT FURTHER RESOLVED
that this resolution containing the de-
cision of this City Council upon all ob-
jections which have been filed to the
plans, specifications and form of cost
said improvement be made a matter of
permanent record in connection with
said improvement.
Passed, adopted and approved this
16th day of November, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Felderman moved
adoption of the Resolution. Seconded
by Council Member Farrell. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bets Brady, Farreli, Felderman, Pratt.
Nays--None.
(Ordering Constructlon)
RESOLUTION NO. 356-81
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBU-
QUE that pursuant to a Resolution of
Necessity No. 297-81 which was duly
passed by this Council for the Waste-
water Treatment Sludge Treatment
Facilities -- Belt Filter Press be and
the same are hereby ordered and con-
structed by this Council upon its own
motion and with or without the peti-
tion of proper owners. All the work
shall be constructed in accordance
with the plans and specifications here-
tofore adopted and now on file in the
office of the City Clerk.
BE IT FURTHER RESOLVED
that the cost and expense of the said
improvement be paid from Waste-
water Treatment Plant Construction
Fund.
BE IT FURTHER RESOLVED
that this resolution being deemed
urgent and of immediate necessity
shall be in force and effect from and
after its passage and adoption by the
City Council.
Passed, adopted and approved this
16th day of November, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Felderman moved
adoption of the Resolution. Seconded
by Council Member Farreil. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bets Brady, Farrell, Felderman, Pratt.
Nays--None.
Proof of publication, certified to by
the Publisher, of Notice to Bidders for
the installation of Belt Filter Press for
Wastewater Treatment Facilities, pre-
sented and read.
Special Session, November 16, 1981
Council Member Felderman moved
that the proof of publication be re-
ceived and filed. Seconded by Council
Member Farreli. Carried by the follow-
ing vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Communication of City Manager re-
commending awarding contract for
the installation of Belt Filter Press for
Wastewater Treatment Facilities, pre-
sented and read.
Council Member Felderman moved
that the communication be received
and filed. Seconded by Council Mem-
ber Farrell. Carried by the following
vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreli, Felderman, Pratt.
Nays--None.
(Awarding Contract)
RESOLUTION NO. 357-81
WHEREAS, sealed proposals have
been submitted by contractors for the
Installation of a Belt Filter Press at
the Wastewater Treatment Plant pur-
suant to Resolution No. 298-81 and
notice to bidders published in a news-
paper published in said City on Octo-
ber 8, 1981, and October 22, 1981; and
WHEREAS, said sealed proposals
were opened and read on November 6
1981, and it has been determined that
the bid of Civil Constructors, Inc., Box
868, of E. Moline, Illinois, in the amouni
of $495,000 was the lowest bid for the
furnishing of all labor and materials and
performing the work as provided for in
the plans and specifications.
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of the
City of Dubuque, Iowa:
That the contract for the above-
mentioned improvement be awarded
to Civil Constructors, Inc., Box 868,
East Mofine, Illinnis, and the Manager
be and is hereby directed to execute a
contract on behalf of the City of Dubu-
que for the complete performance of
the work.
BE IT FURTHER RESOLVED,
that upon the signing of said contract
and the approval of the contractors
bond, the City Treasurer is authorized
and instructed to return the bid
deposits of the unsuccessful bidders.
Passed, adopted and approved this
16th day of November, 1981.
D. Michael King
ATTEST: Mayor
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, Farreli, Felderman, Pratt.
Nays--None.
Council recessed at 9:43 p.m.
Council reconvened at 9:53 p.m.
Communication of P & Z recom-
mending approval of D. James Ed-
wards' request to rezone property
south of Patricia Ann Drive and west
of Edwards Rd. from R-2 Single Fami-
ly Residential District to R-3 Multi-
Family Residential District and pre-
liminary development plan approval
and R-4 PUD designation for adjoin-
ing property, presented and read.
Council Member Felderman moved
that the communication be received
and filed. Seconded by Council Mem-
ber Farreil. Carried by the following
Yeas--Mayor King, Council Mem-
bers Brady, Farreli, Felderman, Pratt.
Nays--None.
An Ordinance Amending Zoning Or-
dinance by reclassifying property lo-
cated south of Patricia Ann Dr. and
west of Edwards Road from R-2 Single
Family Residential District to R-3
Multi-Family Residential District, pre-
sented and read.
Council Member Felderman moved
that this reading be considered the
first reading of the Ordinance. Second-
ed by Council Member Farrell. Carried
by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Council Member Felderman moved
that the rule requiring an Ordinance to
be presented and read at two meetings
prior to the meeting when final action
is taken, be dispensed with. Seconded
by Council Member Farreli. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Council Member Felderman moved
that a Public Hearing be held on the
Ordinance on Dec. 7. 1981 at 7:30 p.m.
in the Council Chamber at the City
Hall and that the City Clerk be in-
structed to publish notice of the Hear-
ing in the manner described by law.
An Ordinance Amending Zoning Or-
dinance by reclassifying portions of
property located south of Patricia Ann
Drive and west of Edwards Road from
Special Sessio~
R-2 Single Fan~ly Residential District
to R-4 Planned Unit Development Dis-
trict, 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 Farreli.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None. '
Council Member Feiderman moved
that the rule requiring an Ordinance to
be 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, Farreil, Felderman, Pratt.
Nays--None.
Council Member Felderman moved
that a Public Hearing be held on the
Ordinance on Dec. 7, 1981 at 7:30 p.m.
in the Council Chamber at the City
Hail and that the City Clerk be in-
structed to publish notice of the Hear-
lng in the manner described by law.
Seconded by Council Member Farreli.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Felderman, Pratt.
Nays--None.
Communization of P & Z recom-
mending approval of zoning request of
Henry and Margaret Makovec to re-
zone property located at 2330 Rock-
dale Rd. from R-4 Multi-Family Resi-
dential District to C-3 Arterial Busi-
ness Commercial District classifica-
tion, presented and read.
Council Member Felderman moved
that the communication be received
and filed. Seconded by Council Mem-
bet Farreli. Carried by the following
VOte:
Yeas--Mayor King, Council Mem-'
bets Brady, Farrell, Felderman, Pratt.
Nays--None.
An Ordinance Amending Zoning Or-
dinance to reclassify Lot 2 of I of i of 1
of I of I of M.L. 482 in Table Mound
Township from R-4 Multi-Family Resi-
dential District Classification to C-3
Arterial Business Conunerclal 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--Mayor King, Council Mem-
bets Brady, Farrell, Falderman, Pratt.
Nays--None.
November 16, 1981 501
Council Member Felderman moved
that the rule requiring an Ordinance to
be presented and read at two meetings
)rior to the meeting when final action
is taken, be dispensed with. Seconded
by Council Member Farrell. Carried by
~he following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Council Member Felderman moved
that a Public Hearing be held on the
Ordinance on Dec. 7, 1981 at 7:30 p.m.
in the Council Chamber at the City
Hall and that the City Clerk be in-
structed to publish notice of the Hear-
lng in the manner prescribed by law.
Seconded by Council Member Farreil.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Felderman, Pratt.
Nays--None.
Communication of P & Z subroAtting
proposed Zoning Map Amendments
for the annexation of the South Sector
and Adjacent Properties located near
Miller Road, Manson Road and Rock-
dale Road areas, presented and read.
Council Member Pratt moved that
the communication be received and fil-
ed. Seconded by Council Member Fel-
derman. Carried by the following vote:
Yeas--Mayor King, Council Mere*
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
An Ordinance Amending Code of Or-
dinances with regard to properties in
;he South Sector of the territory invol-
untarily annexed to the City, 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, Farrell, Felderman, Pratt.
Nays--None.
Council Member Pratt moved that
the rule requiring an Ordinance to be
presented and read at two meetings
prior to the meeting when final action
is taken be dispensed with. Seconded
by Council Member Felderman. Car-
ried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Council Member Pratt moved that a
Public Hearing be held on the Ordi-
nance on Dec. 7, 1981 at 7:30 p.m. in
the Council Chamber at the City Hah
~nd that the City Clerk be instructed
502
Special Session, November 16, 1981
to publish notice of the Hearing in the
manner prescribed by law. Seconded
by Council Member Felderman. Car-
ried by the renewing vote:
Yeas--Mayor King, Council Mem-
bets Brady, Farreil, Felderman, Pratt.
Nays--None.
An Ordinance Amending Code of Or-
dinances to amend the Zoning Map
with regard to properties adjacent to
the South Sector in the City of Dubu-
que, presented and read.
Council Member Pratt moved that
the reading just had be considered the
first reading of the Ordinance. Second-
ed by Council Member Felderman.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Council 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~
tied by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Feldarman, Pratt.
Nays--None.
Council Member Pratt moved that a
Public Hearing be held on the Or-
dinanee on Dec. 7, 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 Felderman. Car*
ried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Felderman, Pratt.
Nays--None.
Communication of City Manager
submitting resolution providing for
the sale of an unused portion of right
of way purchased for the North West
Arterial Roadway back to its previous
owner, presented and read.
Council Member Farrell moved that
the communication be received and
filed. Seconded by Council Member
Felderman. Carried by the following
vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
RESOLUTION NO. 358-81
WHEREAS, the City of Dubuque,
Iowa has heretofore instituted Emi-
nent Domain proceedings for the pur-
pose of construction of a roadway,
North-West Arterial, from U.S. 20 to
Pennsylvania Avenue in the City of
Dubuque, Iowa as it affected the pro-
perty of Pixler Electric Inc. and How-
ard O. Pixler and Rose M. Pixler; and
WHEREAS, the Sheriff's Commis-
sion did return an award for the
respective parcels of real estate to be
paid to the owners of the said parcels;
and
WHEREAS, it was critically essen-
tlal to gain immediate possession of
the condemned real estate for the pur-
pose of permitting the contractors to
enter thereon in performance of their
respective contracts for said roadway;
and
WHEREAS, a portion of the premis-
es condemned consisted of an orchard
which under Iowa law may not be en-
tered upon in condemnation proceed-
ings until the matter is finally and
fully settled; and
WHEREAS, the parties negotiated
for immediate entry to said orchard by
the sale back to the owner of the
building located thereon which was a
portion of the condemned premises
but is no longer needed for said road-
way purposes; and
WHEREAS, said premises has been
platted and described as: Lot 3 of Lot
2 of the Subidivision of Lot 1 of the
Southwest Quarter of the Southwest
Quarter of Section 28, Township 89
North, Range 2 East of the 5th P.M.;
and
WHEREAS, the parties hereto have
agreed to sell said above described real
estate with the building thereon for
the sum of $27,500.00 to be paid to the
City of Dubuque upon delivery of Quit
Claim Deed and abstract of title.
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section L That the disposal of Lot 3
of Lot 2 of the Subdivision of Lot 1 of
the Southwest Quarter of the South-
west Quarter of Section 2~ Township
89 North, Range 2 East of the 5th P.M.
to Pixler Electric Inc. and Howard O.
Pixler and Rose M. Pixlar be and the
same is hereby approved.
Section 2. That the City Clerk be and
she is hat, by directed to publish notice
of intent to dispose of interest in real
esters as is by law r~quired.
Section $. That the City Clerk be and
she is hat, by directed to file a certified
copy of this R~solation in the office of
Special Sessio~ November 16, 1981 503
the Dubuque County Recorder, the of-
fice of the City Assessor and the office
of Dubuque County Auditor.
Passed, adopted and approved this
16th day of November, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Farreil moved
adoption of the Resolution, setting
Hearing for Dec. 7, 1981. Seconded by
Council Member Felderman. Carried
by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Felderman, Pratt.
Nays--None.
Communication of P & Z approving
final plat for the Northwest Arterial
Right-of-Way, presented and read.
Council Member Pratt moved that
the communication be received and
filed. Seconded by Council Member
Felderman. Carried by the following
vote:
Yeas--Mayor King, Council Mem-
bets Brady, Farreli, Felderman, Pratt.
Nays--None.
RESOLUTION NO. 359-81
A Resolution Approving the Plat of
the Subdivision of Lot 2 of the Subdl-
vision of Lot 1 of SW ~A of SW 'A of
Section 28, Township 89N, R2E, of the
5th P.M. in the City of Dubuque, Iowa.
WHEREAS, there has been filed
with the City Clerk a plat of the subdi-
vision of Lot 2 of the Subdivision of
Lot 1 of SW ¼ of SW ¼ of Section 28,
Township 89N, R2E, of the 5th P.M. in
the City of Dubuque, Iowa; and
WHREAS, 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-
amlned 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 2 of the Subdivision of
Lot 1 of SW ~ of SW ~ of Section 28,
Township 89N,, R2E, of the 5th P.M. in
the City of Dubuque, lowa, be and the
same is hereby approved and the
Mayor and City Clerk ar~ hereby
authorized and directed to endorse the
approval of the City of Dubuque, Iowa
upon said plat.
Passed, adopted and approved this
16th day of November, 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 foilowing vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Communication of City Manager
submitting Resolution providing for
the acceptance of the Warranty Deeds
for parcels of property acquired for the
North West Arterial, presented and
read.
Council Member Farreil moved that
the communication be received and fil-
ed. Seconded by Council Member
Pratt. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bors Brady, Farrell, Felderman, Pratt.
Nays--None.
RESOLUTION NO. 360-81
WHEREAS, the City of Dubuque,
Iowa, has acquired the real estate
hereinafter described from Schfltz De-
velopment Corporation; and
WHEREAS, said person has deliv-
ered Warranty Deeds conveying real
estate to the City of Dubuque, Iowa,
described as: Lot 2 of Lotl of Lot 3 in
Byrne's Subdivision, Lot 2 of Lot 2 of
the SW¼ of the NW¼ of Section 28,
T89N, R2E, Lot 2 of Lot 2 of the NW¼
of the SW¼ of Section 28, T89N, R2E
and Lot 2 of Lot 1 of the NW¼ of the
SW¼ of Section 28, T89N, R2E in the
City of Dubuque, as shown on the at-
tached plat Exhibit "A"; and
WHEREAS, said delivery of deeds
dated September 1, 1981, and October
29, 1981, by said persons to the City of
Dubuque, Iowa, should be accepted.
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the delivery of War
ranty Deeds by Schiltz Development
Corporation, dated September 1, 1981,
and October29, 1981, conveying to the
City of Dubuque, Iowa, the herein-
above described r~al estate, be and the
same is hereby accepted,
5O4
Special Session, November 16, 1981
Section 2. That the City Clerk be and
is hereby authorized and directed to
cause said Warranty Deeds to be re-
corded in the Office of the Dubuque
County Recorder together with certi-
fied copy of this Resolution.
Section 3. That the City Clerk be and
is hereby directed to forward a certi-
fled copy of the Resolution to the Du-
buque City Assessor and the Dubuque
County Auditon
Passed, adopted and approved this
16th day of November, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Farrell moved
adoption of the Resolution. Seconded
by Council Member Pratt. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bets Brady, Farrell, Felderman, Pratt.
Nays--None.
Communication of City Manager re-
questing acceptance of the Warranty
Deed for a parcel of property acquired
for the White St. at 21st Radius Im-
provement, presented and read.
Council Member Felderman moved
that the communication be received
and filed. Seconded by Council
Member Farrell. Carried by the follow-
ing vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
RESOLUTION NO. 361-81
WHEREAS, the City of Dubuque,
Iowa has acquired the real estate
hereinafter described from Perfection
Oil Company; and
WttEREAS, said person has deliv-
ered a Warranty Deed conveying real
estate to the City of Dubuque, Iowa,
described as Lot 2 of the S¼ of Lot 13
of Langworthy's Addition in th~ C~ty
of Dubuque, as shown on the attached
plat Exhibit "A"; and
WHEREAS, said delivery of deed
dated September 24, 1981. by said per-
son to the City of Dubuque, Iowa,
should be accepted.
NOW, THEREFORE, BE IT
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBDQUE,
IOWA:
Section 1. That the delivery of Wa~
ranty Deed by Perfection Oil Com-
pany, dated September 24, 1981, con-
veying to the City of Dubuque, Iowa,
the hereinabove described real estate,
be and the same is hereby accepted,
Section 2. That the City Clerk be and
is hereby authorized and directed to
cause said Warranty Deed to be re.
corded in the Office of the Dubuque
County Recorder, together with certi-
fled copy of this Resolution.
Section 3. That the City Clerk be and
is hereby directed to forward a certi-
fled copy of this Resolution to the Du-
buque City Assessor and the Dubuque
County Recorder.
Passed, adopted and approved this
16th day of November, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Felderman moved
adoption of the Resolution. Seconded
by Council Member Farreil. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreli, Felderman, Pratt.
Nays--None.
Communication of City Manager
submitting five year Street Construc-
tion Program Outline, presented and
read.
Council Member Farrell moved that
the communication be received and
filed. Seconded by Council Member
Pratt. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
RESOLUTION NO. 362-81
Resolution Approving a Tentative
Five-Year Street Construction Pro-
gram and Submitting Same to the
Iowa Department of Transportation.
WHEREAS, the office of the City
Engineer has prepared, in accordance
with instructions from the City Man-
ager, a tentative Street Construction
Program for the Fiscal Years 1982,
1983, 1984, 1985, and 1986; and
WHEREAS, said construction pro-
gram must be filed with the Iowa De-
partment of Transportation by De-
cember 1, 1981, for the purpose of allo-
cating Road Use Tax Funds to munici-
palities; and
WHEREAS, this Council has re-
viewed the tentative Street Construc-
tion Program as submitted.
NOW, THEREFORE, BE IT RE-
SOLVED, by the City Council of the
City of Dubuque, Iowa:.
Special Sessio~ November 16, 1981
5O5
Section 1. That the tentative Five-
Year Street Program for the Fiscal
Years 1982, 1983, 1984, 1985 and 1986,
be and the same is hereby approved
and the City Manager is hereby dj-
reeted ~o forward the required docu-
merits to the lowa Department of
Transportation.
Passed, adopted and approved this
16th day of November, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Farrell moved
adoption of the Resolution. Seconded
by Council Member Pratt. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Communication of City Manager
submitting Sewer Service Agreement
with the Celotex Corporation, pre-
sented and read.
Council Member Felderman moved
that the communication be received
and filed. Seconded by Council Mem-
bet Pratt. Carried by the following
vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Felderman, Pratt.
Nays--None.
RESOLUTION NO. 363-81
Resolution Authorizing the City Man-
ager to Execute a Sewer Service
Agreement with the Celotex Corpora-
tion in Dubuque, Iowa.
WHEREAS, it is desirous on the
part of the City of Dubuque, and the
Celotex Corporation to execute a new
sewer service agreement to reflect
minimal loadings to the City's
Wastewater Treatment operations;
and
WHEREAS, the new service agree-
ment will supersede a sewer service
agreement entered into between the
City of Dubuque, Iowa, and the
Celotex Corporation, Dubuque, Iowa,
on December 23, 1968, and amended
on February 13, 1976; and
WHEREAS, the Celotex Corpora-
tion has completed its capital
payments to the City of Dubuque for
its share of the capital expenditure in
Phase II of the Wastewater Treatment
Facilities; and
WHEREAS, since May, 1980, the
discharge by the Celotex Corporation
to the Wastewater Facilities has been
~t a zero level; and
WHEREAS, a new agrement has
been negotiated between the City of
Dubuque and the Celotex Corporation
for FY82 and FY83 with the stipulated
payments of $20,000.00 in FY82 and
$10,000.00 in FY83.
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of the~
City of Dubuque, Iowa:
Section 1. That the City Manager be
authorized to execute a sewer service
agreement with the Celotex Corpora-
tier, which agreement will supersede
the existing sewer service agrement
with the Celotex Corporation dated
December 23, 1968, and amended on
February 13, 1976.
Passed, adopted and approved this
16th day of November, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Felderman moved
approval and adoption of the Resolu-
tion. Seconded by Council Member
Pratt. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bets Brady, Farrell, Felderman, Pratt.
Nays--None.
Communication of City Manager
submitting proposed Economic Ser-
vices Agreement between the City and
the Dubuque Area Chamber of Com-
merce, presented and read.
Council Member Pratt moved that
the communication be received and
filed. Seconded by Council Member
Felderman. Carried by the following
vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Felderman, Pratt.
Nays--None,
A RESOLUTION Approving the
agreement and authorizing Mayor to
execute Service Agreement for the Du-
buque Area Chamber of Commerce for
Economic Development Services, pre-
sented and read.
Allan Carew, Pres. of Dubuque Area
Chamber of Commerce, requested that
the Council honor the commitment
they made at the Budget Meeting last
March and authorize the full amount
of $27,500 to cover the entire fiscal
year until June 30, 1982.
Tom Beurskens, 2575 Knob Hill,
questioned the reasoning of this mat-
Special Session, November 16, 1981
ter being brought up now after six
months of the fiscal year having
already passed.
Wm. Hammel. 967 Riker, requested
that the contribution only be approved
until the end of 1981.
Rhonda Kronfeldt, 448 Summit, re-
quested that payment be made only
through the end of 1981.
Don Deich, 2615 Washington, con-
cuffed with other speakers in wanting
payment be made for only the first six
months.
Council Member Pratt moved that
they approve the agreement authorlz-
lng the Mayor to execute the Service
Agreement for the Dubuque Area
Chamber for Economic Services from
July 1, 1981 to June 30, 1982 in the
amount of $27,500. Seconded by Coun-
cil Member Felderman. Vote on the
motion was as follows:
Yeas--Council Members Felderman,
Pratt.
Nays--Mayor King, Council Mem-
bers Brady, Farrell. MOTION
FAILED.
After further discussion, Council
Member Brady moved to change the
date of the extension of the Service
Agreement to Dec. 31, 1981. Seconded
by Mayor King. Vote on the motion
was as follows:
Yeas--Mayor King, Council Member
Brady.
Nays--Council Members Farrell,
Feldarman, Pratt. MOTION FAILED.
Council Member Brady moved that
payment be approved in the amount of
$13,750.00 ending Dec, 31. 1981 with
quarterly payments to be $6,825.00.
MOTION DIED FOR LACK OF A
SECOND.
Council Member Brady moved that
the matter be tabled to the meeting of
Jan. 4, 1982. MOTION DIED FOR
LACK OF A SECOND.
Council Member Farrell moved that
they reconsider the original motion.
Seconded by Council Member Felder-
man. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Farrell, Feldarman, Pratt.
Nays--Council Member Brady.
Council Member Felderman moved
that this matter be tabled to the meet-
ing of Dec. 21, 1981. Seconded by
Council Member Pratt. Carried by the
following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Feldarman, Pratt.
Nays--None.
Communication of City Mgr. recom-
mending extension of contract with
Lyle Sumek through Dec. 31, 1981,
presented and read.
Bill Hammel, 967 Riker, spoke to the
communication.
Council Member Farreil moved that
the commuhicatlon be received and
filed and extension be approved.
Seconded by Council Member Pratt.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers FarreI1, Felderman, Pratt.
Nays--Council Member Brady.
Communication of City Manager
submitting two Ordinances providing
for exemption of nonprofit, tax
exempt organizations from paying cer-
tain fees, presented and read,
Council Member Pratt moved that
the communication be received and
filed. Seconded by Council Member
Farrell. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
ORDINANCE NO. 61-81
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES FOR THE
CITY OF DUBUQUE, IOWA, BY EN-
ACTING A NEW SECTION 28-27
THERETO PROVIDING FOR THE
EXEMPTION OF INVESTIGATION
AND LICENSE FEES TO BE PAID
BY NONPROFIT, TAX EXEMPT
ORGANIZATIONS FROM PAYING
CERTAIN FEES (PEDDLERS AND
TRANSIENT MERCHANTS), 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 Farrell. Carried
by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Council Member Pratt moved that
the rule requiring an Ordinance to be
presented and read at two meetings
prior to the meeting when final action
is taken, be dispensed with, Seconded
by Council Member Farrell. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
ORDINANCE NO. 61-81
AN ORDINANCE AMENDING
THE CODE OF ORDINANCES
FOR THE CITY OF DUBUQUE,
IOWA, BY ENACTING A NEW
SECTION 28-27 THERETO PRO-
VIDING FOR THE EXEMPTION
Special Sessior
OF INVESTIGATION AND LI-
CENSE FEES TO BE PAID BY
NONPROFIT, TAX EXEMPT OR-
GANIZATIONS.
NOW THEREFORE BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
SECTION 1. That the Code of
Ordinances of the City of Dubuque be
amended by enacting a new Section
28-27 thereto as follows:
"Sec. 28-27. Exemption From
Fees.
Nonprofit, tax exempt organizations
located within the City of Dubuque,
Iowa, shall be exempt from the pay-
ment of investigation fees as set tbrth
in Section 28-18 and the payment of
license fees as set forti~ in Section 28-
20; however, such organizations shall
be subject to ail other requirements
of this Article."
Passed, approved and adopted this
16th day of November, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Published ofllcially in the Telegraph
Herald newspaper this 24th day of
November, 1981.
It 11/24
Council Member Pratt moved final
adoption of the Ordinance. Seconded
by Council Member Farrell. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
ORI)INANCE NO. 62-81
AN ORDII~ANCE AMENDING THE
CODE OF ORDINANCES FOR THE
CITY OF DUBUQUE, IOWA, BY EN-
ACTING A NEW SECTION 6-64
THERETO PROVIDING FOR THE
EXEMPTION OF FEES TO BE
PAID BY NONPROFIT, TAX
EXEMPT ORGANIZATIONS ICIR.
CUSES, CARNIVALS AND MEN-
AGERIES), presented and read.
Council Member Pratt moved that
the reading just had be considered the
first reading of the Ordinance. Second-
ed by Council Member Farrell. Carried
by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Council Member Pratt moved that
the rule requiring an Ordinance to be
presented and read at two meetings
prior to the meeting when final action
is taken be dispensed with. Seconded
November 16, 1981 507
by Council Member Farrell. Carried by
,he following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
ORDINANCE NO. 62-81
AN ORDINANCE AMENDING
THE CODE OF ORDINANCES
FOR THE CITY OF DUBUQUE,
IOWA, BY ENACTING A NEW
SECTION 6-64 THERETO PRO-
VIDING FOR THE EXEMPTION
OF FEES TO BE PAID BY NON-
PROFIT, TAX EXEMPT ORGANI-
ZATIONS..
NOW THEREFORE BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Code of Ordi-
nances of the City of Dubuque be
amended by enacting a new Section 6-
64 thereto as follows:
"Sec. 6-64. Exemption From Eees.
Nonprofit, tax exempt organizations
located within the City of Dubuque,
Iowa, shall be exempt from the pay-
ment of ibes as set forth in Section 6-
59; however, such organizations shall
be subject to all other requirements
of this Article."
Passed, approved and adopted tt~is
16th day of November, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Publist~ed officially in the Telegrapl~
Herald newspaper this 24th day of
November, 1981.
Mary A. Davis
City Clerk
It 11/24
Council Member Pratt moved final
adoption of the Ordinance. Seconded
by Council Member Farreil. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Communication of City Manager
submitting Ordinance providing for
the "Change in the Form of Govern-
ment etc." effective January 1, 1982,
presented and read.
Council Member Felderman moved
that the communication be received
and filed. Seconded by Council Mem-
ber Brady. Carried by the following
veto:
Yeas--Mayor King, Council Mem~
bers Brady, Farrell, Folderman, Pratt.
Nays--None.
5O8
Special Session, November 16, 1981
An Ordinance Amending the Code of
Ordinances by enacting new Section:
2-1, 2-21, 2-34, 2-35 and 2-81 in lieu
thereoI providing for Council-Manag-
er-Ward Form of Government, the
Composition of Council, Compensation
for the Mayor and Council Members, a
Quorum to do business, calling meet-
lng to order and providing for a Mayor
Pro-Tern, presented and read.
After discussion, Counc~il Member
Felderman moved that this Ordinance
be tabled to the meeting of Dec. 21,
1981. Seconded by Council Member
Farreli. Carried by the following vote:
Yeas--Council Members Farrell
Felderman, Pratt.
Nays--Mayor King, Council Mem-
bet Brady.
Communication of City Manager
submitting an Ordinance which
readopts the Code of Ordinances for
the City of Dubuque, 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.
ORDINANCE NO. 63-81
AN ORDINANCE ADOPTING THE
CODIFICATION OF ALL ORDI.
NANCES OF THE CITY OF DUBU-
QUE, IOWA, OF A GENERAL OR
PUBLIC NATURE OR IMPOSING
A FINE OR PENALTY, IN-
CLUDING CODES AND MAPS
ADOPTED BY REFERENCE, AS
THE OFFICIAL CODE OF THE CI-
TY OF DUBUQUE, IOWA, AS PRO-
VIDED FOR AND PURSUANT TO
CHAPTER 380 OF THE CODE OF
IOWA; PROVIDING FOR THE TI-
TLE AND CITATION OF THE
CODE; REPEALING ALL OR-
DINANCES AND PARTS OF OR-
DINANCES OF A GENERAL OR
PUBLIC NATURE OR IMPOSING
A FINE OR PENALTY, PASSED ON
OR PRIOR TO MARCH 10, 1981, EX-
CEPT THOSE NOT CONTAINED IN
SAID CODE OR RECOGNIZED
AND CONTINUED IN FORCE BY
REFERENCE THEREIN; PROVID-
lNG PENALTIES FOR THE VIOLA-
TION OF THE SEVERAL SEC-
TIONS THEREOF; AND PRE-
SCRIBING THE TIME WHEN THIS
ORDINANCE SHALL BE IN FULL
FORCE AND EFFECT, presented
and read.
Council Member Farrell moved that
reading just had be considered the
first reading of the Ordinance. Second-
ed by Council Member Pratt. Carried
by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreli, Felderman, Pratt.
Nays--None.
Council Member Farrell 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.
ORDINANCE NO. 63-81
AN ORDINANCE ADOPTING
THE CODIFICATION OF ALL
ORDINANCES OF THE CITY OF
DUBUQUE, IOWA, OF A GEN-
ERAL OR PUBLIC NATURE OR
IMPOSING A FINE OR PEN-
ALTY, INCLUDING CODES AND
MAPS ADOPTED BY REFER-
ENCE, AS THE OFFICIAL CODE
OF THE CITY OF DUBUQUE,
IOWA, AS PROVIDED FOR AND
PURSUANT TO CHAPTER 380 OF
THE CODE OF IOWA: PROVID-
lNG FOR THE TITLE AND CITA-
TION OF THE CODE:
REPEALING ALL ORDINANCES
AND PARTS OF ORDINANCES
OF A GENERAL OR PUBLIC
NATURE OR IMPOSING A FINE
OR PENALTY, PASSED ON OR
PRIOR TO MARCH 10, 1981,
EXCEPT THOSE NOT CON-
TAINED IN SAID CODE OR
RECOGNIZED AND CONTINUED
IN FORCE BY REFERENCE
THEREIN: PROVIDING PENAL-
TIES FOR THE VIOLATION OF
THE SEVERAL SECTIONS
THEREOF: AND PRESCRIBING
THE TIME WHEN THIS ORDI-
NANCE SHALL BE IN FULL
FORCE AND EFFECT..
WHEREAS, pursuant to Ordinance
No. 55-76, adopted November 1, 1976,
after a duly convened public hearing,
the City Council of the City of
Dubuque adopted a Code of Ordi-
nances with an effective date of
December 3, 1976, as provided in Sec-
tion 380.8 of the Code of Iowa; and
WHEREAS si~ce the date of adop-
tion of said Code of Ordinances, the
City Council hoe from time to time by
resolution further~adopted Supple-
ments One through Nine to the said
Code of Ordinances; and
WHEREAS, Section 380.8 of the
Code of Iowa provides tha~ at least
Special Session November 16, 1981 509
once every five years, a city shall com-
pile a set of Ordinances to be adopted
by Ordinance; and
WHEREAS, the City Council has
determined that the Code of Ordi-
nances should be adopted in its present
form and did on the 16th day of
November, 1981 adopt Ordinance No,
63-81 adopting said Code of Ordinances
as provided in Section 380.8 of the
Code of Iowa;
NOW, THEREFORE, be it ordained
by the City Council of the City of
Dubuque, Iowa:
Section 1. Code of Ordinances
Adopted. That the proposed Code of
Ordinances, of the City of Dubuque,
Iowa, printed by the Municipal Code
Corporation. Tallahassee, Florida,
heretofore filed in the office of the City
Clerk of the City of Dubuque, Iowa,
consisting of Chapters 1 through 38
and including references to codes
adopted by reference, a printed copy of
which is attached hereto and incor-
porated herein by reference the same
as if set out in full hereim is hereby
adopted ss the "Code of Ordinances,
City di' Dubuque, Iowa."
Section 2. Ordinances Repealed.
That all ordinances of the City of
Dubuque, Iowa, of a general and per-
manent nature, enacted on or before
March 10, 1981, and not contained in
said Code or recognized and continued
by force by reference therein are
hereby repealed from and after the
effective date of saki Code, except as
hereinafter provided.
Section 3. Effect of Repeal; Ordi-
nances Saved. That the repeal pro-
vided for in Section 2 hereof shall not
affect any of the following:
(al Any offense or act committed or
any penalty or forfeiture incurred or
any. contract, or right established, or
accruing before the effective date of
said code;
lb) Any ordinance promising or
guaranteeing the payment of money
to or from the City, or authorizing
the issuance of any bonds or other
evidence of indebtedness;
lc) Any appropriation or budget ordi-
(d) Any ordinance establishing the
compensation of any City officer or
employee;
(el Any contract or obligation
assumed by the City;
(fl Any ordinance relating to the pur-
chase, condemnation, acquisition or
dedication of property for public
use;
(gl Any ordinance dedicating, estab-
lishing, opening, reopening, naming,
renaming, widening, narrowing or
vacating any street, boulevard, ave-
nue, alley or other public way,
including rights-of-way;
(h) Any ordinance establishing or
changing the g~cade of any street, ave-
nue, boulevard, trafficway or other
ptblicwav; . . ~
ti) Any ordinance authorizing,
directing or otherwise relating to any
public improvements;
(j) Any ordinance creanng sewer dis-
tricts or districts for public improve-
ments of m~y kind or nature.
(k) Any ordinance establishing or
changing the limits of the ci[y or per-
raining to consolidations annexations
or exclusions;
(1) Any ordinance lewing general or
special taxes or special assessments:
(m) Any ordinance gq'tatung pensions
for retired officers and employees:
tn) Any ordinance granting any right,
privilege, easement or franchise to
any pemon, firm or corporation:
(el Any zoning ordinance: or amend-
ment of the City's zoning map;
/P) Ordinances prescribing traffic reg-
ulations for specific streets or areas.
such as ordinances designating one-
way streets, arterial highways.
through streets, s~op intersections or
intersections where traffic is ;o be
controlled by signals, and ordinances
prohibiting, restricting, hmiting or
otherwise regulating the stopping,
standing or parking of vehicles on
specific streets or in specmc areas
lq) Ordinance No 1-58. regulating
traffic on dock streets:
(r) Any ordinance establishing rates
and charges for. or fees for connec-
tion to any utility ~rvwe. not incon-
sistent with this Code:
(s) Any onlinance which, by its own
terms, expires after a specified time.
or on the prescribed date:
(t) Any ordinance enacted on or after
March 10, 1981.
The repeal provided for by Section 2
hereof shall not be construed to revive
any ordinance or part thereof that has
been repealed by a subsequent ordi-
nance repealed by this ordinance.
The above enumeration of excep-
tions shall not be held or deemed to be
exclusive, it being the purpose and
intention of this ordinance ~o exclude
from repeal any and all ordinances not
of a general nature.
Section 4. SEVERABILITY OF
PROVISIONS. That each chap;er,
and any and all subdivisions of said
Code hereby adopted, is independent of
every other chapter and subdivision
thereof, and the invalidity of any other
chapter or subdivision thereof, shall
not invalidate any other chapter or
510
Special Session, November 16, 1981
subdivision thereofi
Section 5. Official Copy. That the
City Clerk shall attach to the official
copy of the Code of Ordinances hereby
adopted and attached hereto, his/her
official certificate showing such adop-
tinn and the effective date thereof, and
shall retain the said copy and certifi-
cate on file in this office where copies
of the same shall be subject to public
inspection, and for sale at cost to the
public.
Section 6. Amendments. That any
additions or amendments to this Code
when passed as Ordinances amending
this Code and wlfich indicate the inten-
tion of the Council to make the same a
part hereof shall be deemed to be
incorporated in this Code so that a ref-
erence to the Code of Ordinances, City
of Dubuque, Iowa, shall be undertood
to include them.
Section 7. Distribution of Copies.
That all printed copies of the Code
sball be deposited with the City Clerk.
He/she shall deliver copies of Code to
all depm~ments of the city administra-
tion as directed by the Mayor. The
City Clerk may sell printed copies of
said Code at the cost established by
the City Council.
Section 8. General Penalty. That
the doing of any act prohibited or
declared to be unlawfhl or an offense
by said Code of Ordinances, or the
omission or failure to perform any act
or duty required by said Code, shall,
unless another penalty is specified, be
punishable by a fine in a sum not
exceeding one hundred dollam ($100.00)
or imprisonment not to exceed thirty
(30) days. The penalty herein provided
shall be cumulative with and in addi-
tion to the revocation, cancellation or
forfeiture of any license or permit else-
where in this code provided for viola-
lion thereof.
Section 9. Repeal. That all ordi-
flict herewith are repealed.
Section 10. Effective Date. That
this ordinance consisting of Sections 1
through 10, inclusive, adopting the pro-
posed Code of Ordinances of the City
of Dubuque, Iowa heretofore filed hi
the office of the City Clerk of the City
of Dubuque, Iowa, consisting of Chap-
ters I through 38, and including codes
adopted by reference and all subdivi-
sions of the same, the same being
designated as the "Code of Ordinances,
City of Dubuque, Iowa," is in full force
and effect from and after the passage
and publication of this ordinance,
according to law, and the "Code of
Ordinances, City of Dubuque, Iowa,"
shall be in full force and effect from
and after December 3, 1981.
PASSED, APPROVED AND
ADOPTED, this 16th day o f
November, 1981.
D. Michael King
Mayor
Attest:
Mm'y A. Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 241h day of
November, 1981.
Mary A. Davis
City Clerk
It 11/24
Council Member Farrefi 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 Leonard J.
Backes advising of not seeking re-
appointment to the Plumbing Board,
presented and read.
Council Member Pratt moved that
the communication be accepted with
regret. Seconded by Council Member
Farreil. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreli, Felderman, Pratt.
Nays--None.
RESOLUTION NO. 364-81
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 ta be oc-
cupied by such applicants were in-
spected and found to comply with the
Ordinances of this City and have filed
proper bonds;
NOW THEREFORE BE IT RE-
SOLVED, By the City Council of the
City of Dubuque, Iowa, that the Man-
ager be authorized to cause to be is-
sued to the following named appli-
cants a Beer Permit.
CLASS "C" BEER PERMIT
Hartig Drug Co. 700 Town Clock Plaza
Her rig Drug Co. 97 Locust
(Also Sunday Sales)
Hartig Drug Co. 2255 J.F.K. Rd.
(Also Sunday Sales)
Her rig Drug Co. 2225 Central
(Also Sunday Sales)
T F M Co. Oky Doky -6 1256 Iowa
(Also Sunday Sales)
Passed, adopted and approved this
16th day of November, 1981.
Special Session November 16, 1981 511
Passed, adopted and approved this
16th day of November, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Pratt moved adop-
tion of the Resolution. Seconded by
Council Member Farrell. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
RESOLUTION NO. 365-81
WHEREAS, Applications for Li-
quor Licenses have been submitted to
this Council for approval and the same
have been examined and approved;
and
WHEREAS, The premises to be oc-
cupied by such applicants were in-
spected and found to comply with the
State Law and 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-
ager be authorized to cause to be is-
sued to the following named appli-
cants a Liquor L~cense.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Town Clock Inn, Inc.
Nesler Center~ 8th & Main
Smith, Thomas, Daniel, & Janice M.
2417 Rhomberg Ave.
(Sunday Sales Only)
Dale E. Bradley 1902 CenSrai
(Also Sunday Sales)
Passed, adopted and approved this
16th day of November, 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-
bets Brady, Farreli, Felderman, Pratt.
Nays--None.
CITY OF DUBUQUE GENERAL ELECTION HELD
NOVEMBER 3, 1981
Canvass of Votes Held November 9, 1981
State of Iowa)
Dubuque County) ss
We, the undersigned members of the Board of Supervisors acting as a
Board of Canvassers, according to section 376.8, Code of Iowa, 1981, do
hereby certify that the following is a true and correct abstract of the votes
cast for each of the candidates for the offices of Mayor, Council Member-At-
Large, and Park Commissioner in the City of Dubuque Municipal General
Election held on November 3, 1981, as listed and enumerated berehibelow by
precinct and in accordance with the respective returns from the precinct elec-
tion officials.
MAYOR COUNCIL MEMBER-AT-LARGE PARK COMMISS~NER
JOHN L. THOMAS GENE P.
JAMES PELDE~ BEURS- JOHN P. MICHAEL CHARLES BILL THOM~ PERSONS
PRECINCT BRADY MAN KENS KLAUER PRATT STORK RE6AN SON VOTING
1 682 247 552 558 213 375 364 419 936
2 272 90 201 224 83 130 117 166 367
3 424 116 322 360 118 186 177 287 547
4 685 300 655 562 281 332 335 438 1007
$ 458 134 376 355 127 209 231 246 596
6 412 90 296 335 107 144 200 225 507
7 286 51 194 241 68 82 131 146 339
8 346 120 272 270 133 162 189 194 470
9 205 115 154 187 104 127 126 127 326
10 341 159 277 301 143 195 189 205 504
11 493 270 468 394 218 284 284 339 767
12 401 266 368 321 259 274 239 293 680
13 514 528 582 457 369 516 383 403 1057
14 372 225 304 330 199 278 179 305 606
15 432 209 353 339 220 251 248 266 648
15 442 276 418 395 217 318 245 341 724
17 507 349 480 463 256 375 al7 360 866
18 511 271 394 406 213 400 258 359 784
512
Special Session, November 16, 1981
19 565 495 593 460 333 581 411 455 1066
20 & 27 665 537 644 581 416 581 450 566 1211
21 502 413 514 406 288 466 328 428 925
22 380 351 402 332 252 384 277 339 737
23 534 312 526 436 231 376 364 332 854
24 365 445 416 312 341 410 286 357 815
25 228 377 300 203 293 323 239 263 611
26 134 73 106 115 67 98 84 95 208
Absentee 301 279 323 296 200 246 252 213 581
TOTAL 11457 7098 10485 9639 5749 8103 6913 8167 18741
We further certify that at the City of Dubuque Municipal General Election
held on November 3, 1981, the following persons, having received the largest
number of votes in said election, are declared elected to the renewing City of
Dubuque positions, to wit:
Mayor (four-year term): JAMES E. BRADY
Council Member-At-Large (four-year term): THOMAS J. BEURSKENS
Council Member-At-Large (two-year term): JOHN P. KLAUER
Park Conunissloner (sLx-year term): GENE P. THOMPSON
In testimony, whereof, we have hereunto set our hands and caused this to
be attested to and sealed by the County Auditor as Commissioner of Elec-
tions, this 9th day of November, 1981.
Donna L. Smith- Chairperson
Wilfred Bahl - Member
(Absent)
ATTEST: Lloyd C. Hayes - Member
Terrence J. Hirsch, County Auditor
Commissioner of Elections
Dubuque County, Iowa
By: Janet Durham, Deputy
Write-Ins:
Mayor: Charles Kintzinger, Kenneth Herbst, Marvin Cocayne, Frank
Belcastro, Jon Davison, and Thomas O'Neill.
Councilman-At-Large: C. Robert Justman, and Ted Bradac.
Councilman Third Ward: Waiter Pregler.
Park Commissioner: L. J. Murphy.
CITY OF DUBUQUE GENERAL ELECTION
HELD NOVEMBER 3, 1981
Canvass of Votes Held November 9, 1981
State of Iowa)
Dubuque County) ss:
We, the undersigned members of the Board of Supervisors acting as a
Board of Canvassers, do hereby certify that the followingls a true and correct
abstract of the votes cast for each of the Council candidates in Wards One,
Two, Three and Four in the City of Dubuque Municipal General Election held
on November 3, 1981, as listed and enumerated herein below by precinct and
in accordance with the respective returns from the Precinct Election Officials.
WARD ONE
PRECINCT WILLIAM K. HAMMEL JANE WALLIS-PRICE TOTAL VOTING
11 538 201 767
13 574 460 1057
14 391 191 605
17 547 287 866
18 492 266 784
24 477 322 615
25 368 232 611
26 121 82 208
Absentee 92 87 179
PRECINCT
20 & 27
22
23
Absentee
Special Session, November 16, 1981
WARD TWO
LORAS J. KLUESNER THOMAS J. MANTERNACH TOTAL VOTING
651 365 1066
736 418 1211
555 327 925
395 316 737
511 308 854 .
59 63 122
TOTAL 2907 1797 4915
WARD THREE
PRECINCT DDNALD DEICH. SR. MICHAEL MELLON TOTAL VOTING
1 511 345 936
3 306 203 547
4 533 373 1001
5 316 223 596
6 273 209 507
7 182 135 339
Absentee 65 64 129
TOTAL 2186 1552 4061
WARD FOUR
PRECINCT RHONGA M. KRONFELDT REX REYNOLDS TOTAL VOTING
2 189 162 367
8 260 192 470
9 198 122 326
10 273 212 504
12 304 358 680
15 323 306 648
16 319 389 724
Absentee 60 69 129
TOTAL 1926 1810 3848
We further certify that at the City of Dubuque Municipal General Election
held on November 3, 1981, the following persons, having received the largest
number of votes in said election, are declared elected to the Dubuque City
Council, to wit:
Council Member - Ward One WILLIAM K. HAMMEL
Council Member - Ward Two LORAS J. KLUESNER
Council Member · Ward Three DONALD DEICH, SR.
Council Member - Ward Four RHONDA M. KRONFELDT
Council Member Felderman moved that this communication be received
and filed and made a matter of record. Seconded bY Council Member Farreil.
Carried by the following vote:
Yeas--Mayor King, Council Members Brady, Farreil, Feldecman, Pratt.
Nays--None.
MINUTES SUBMITTED: Airport Commission of 10-27; Community
Development Commission of 10-14; Electrical Examining Board of 11-9; Five
Flags Commission of 10-19 & 11-2; Housing Commission of 10-28; Park Board
of 1-27; Recreation Commission of 10-22, presented and read.
Council Member Feldernmn moved that the minutes be received and filed.
Seconded by Council Member Farrell. Carried by the following vote:
Yeas--Mayor King, Council Members Brady, Farreil, Felderman, Pratt.
Nays--None.
Communication of City Manager submitting information pertaining to a
Council referral (Lucllle Hess Petition), presented and read.
Council Member Felderman moved that the communication be received and
filed. Seconded by Council Member Farrell. Carried by the following vote:
Yeas--Mayor King, Council Members Brady, Farrell, Felderman, Pratt.
Nays~None.
513
514
Special Session, November 16, 1981
Communication of Corporation
Counsel recommending settlement of
personal injury claim of Gloria
Graham in the amount of $373.34,
presented and read.
Council Member Felderman moved
that the communication be received
and filed and settlement approved and
Finance Director to issue proper
check. Seconded by Council Member
Farreil. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bets Brady, Farrell, Felderman, Pratt.
Nays--None.
NOTICES OF CLAIMS/SUITS:
Wesley E. Lucas and Francis L.
Specht, in amounts of $5,000 each for
issuance of written disciplinary
notices by City Staff; Delos Dorweiler
for damages by diverted storm water
damage near 2105 John F. Kennedy
Road #2; Ellen A. Williams, in undeter-
mined amount for property damages;
Carol June Leick, in undetermined
amount for personal injuries received
on 11-26-81, presented and read.
Council Member Felderman moved
that the claims and suits be referred to
the Corporation Counsel for investign-
tion and report. Seconded by Council
Member Farrell. Carried by the follow-
ing vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Feldorman, Pratt.
Nays--None.
REFUNDS REQUESTED: Orville
Murphy, $50 on unexpired Cigarette
License, presented and read.
Council Member Felderman moved
that the refund by approved and
Finance Director to issue proper
check. Seconded by Council Member
Farrell. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreli, Felderman, Pratt.
Nays--None.
Proof of publication, certified to by
the Publisher, of Notice of Finding of
No Significant Effect on the Environ-
merit for the A.Y. McDonald Construc-
tion Project, presented and read.
Council Member Felderman moved
that the proof of publication be receiv-
ed and filed. Seconded by Council
Member Farrell. Carried by the follow-
lng vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreli, Felderman, Pratt.
Nays--None.
Communication of City Assessor ad-
vising of Orders on Appeal to District
Court of Fischer Realty Company for
property located at 200 Main Street,
vacant land located at 6th & White
Street for Design Center, Key City In-
vestment Company for property
located at 75 John F. Kennedy Road.
)resented and read.
Council Member Felderman moved
that the communication be received
and filed. Seconded by Council
Member Farrell. Carried by the follow-
lng vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman. Pratt.
Nays--None.
Communications of Civil
Aeronautics Board submitting
Notices of Intent of Ozark Air Lines,
Inc. to suspend ail service at Fort
Dodge and Mason City, 60 day Notice
of Ozark Air Lines, Inc. to suspend
nonstop and/or single plane service in
38 markets and Emergency Air
Transportation Requirements,
)resented and read.
Council Member Felderman moved
that the communciations be received
and filed and referred to the Airport
Commission. Seconded by Council
Member Farrell. Carried by the follow-
lng vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Felderman, Pratt.
Nays--None.
List of 1981 Agricultural and Hor-
ticultural of individuals due Land Tax
Exemptions, presented and read.
Council Member Felderman moved
that the list be received and filed and
exemptinns approved. Seconded by
Council Member Farrell. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Felderman, Pratt.
Nays--None.
Petition of David Leifker of Dubu-
que County Conservation Society re-
questing any information which Court-
cfi may obtain regarding the master
plan for tho Upper Mississippi River,
presented and read.
Council Member Felderman moved
that the petition be referred to the
Council. Seconded by Council Member
Fatten. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Felderman, Pratt.
Nays--None.
Al Polsean, 3515 Crescent Ridge,
commented on the new City Hall Park-
lng Lot on the site of the former
Trenlde Building and questioned why
there were no meters on 35 of the
There being no luther business,
Council Member Felderman moved to
Special Session November 16, 1981
adjourn. Seconded by Council Member
Pratt. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell. Felderman, Pratt.
Nays--None.
Mary A. Davis
City Clerk
Approved 1982
Adopted 1982
Council Members
ATTEST:
City Clerk
515
516
Regular Session, December 7, 1981
CITY COUNCIL
OFFICIAL
Regular Session, December 7, 1981.
Council met at 7:30 P.M. (C.S.T.)
Present--Mayor King, Council
Members Brady, Farrell, Pratt, City
Manager W. Kenneth Gearhart, Cot-
poration Counsel R. N. Rueeo.
Absent--Council Member Felder-
Mayor King read the call and stated
that service thereof had been duly
made and this is the Regular Monthly
Meeting of the Council called for the
purpose to act upon such business
which may properly come before the
Council.
Mayor King read a proclamation and
presented placques, an "Award of Ex-
cellence" to Captain Pat Egan and an
"Award of Merit" to Detective Gerald
Hirsch, commending them on their
selfless devotion culrnluating in the
Dodgevflle conviction in the matter of
the Jodi Bausman homicide.
Council Member Farrell moved to
suspend the rules to let any present
address the Council if they so desire.
Seconded by Council Member Pratt.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Pratt.
Nays--None.
Absent--Council Member Felder-
Proof of publication, certified to by
the Publisher, of Notice of Public
Hearing, on Intention to issue In-
dustrlal Development Revenue Bonds,
Series 1981 (Nesler Center Project),
presented and read.
There were no written objections
received and no oral objectors present
at the time set for the Hearing.
Council Member Pratt moved that
the proof of publication be received
and filed. Seconded by Council
Member Farreli. Carried by tho foHow~
ing vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Pratt.
Nays--None.
Absent--Council Member Felder-
A RESOLUTION To Proceed with
the issuance and sale of Industrial
Development Revenue Bonds {in an
amount not to exceed $1,000,000.00),
presented and read.
Council Member Pratt moved to
refer the disposition of the Resolution
to the Council Meetin~ of Dec. 21,
198L Seconded by Council Member
Farrell. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Pratt.
Nays--None.
Absent--Council Member Felder-
r/lan.
Proof of publication, certified to by
the Publisher of Notice of Public Hea~
ing to dispose of real estate to Pixler
Electric Inc. and Howard O. and Rose
M. Pixler in the amount of $27,500.00,
presented and read.
There were no written objections
received and no oral objectors present
at the time set for the Hearing.
Council Member Farreil moved that
the proof of publlcation be received
and filed. Seconded by Council
Member Pratt. Carried by the follow-
ing vote:
Yeas--Mayor King, Council Mem-
bets Brady, Farrell. Pratt.
Nays--None.
Absent--Council Member Felder-
RESOLUTION NO. 366-81
WHEREAS, pursuant to Resolution
and published notice of time and place
of hearing, published in the Telegraph-
Herald, a newspaper of general circula-
tlon, published in the City of Dubuque,
Iowa on November 23, 1981, the City
Council of the City of Dubuque, Iowa
met on the 7th day of December, 1981
at 7:30 o'clock P.M. (CST) in the City
Council Chamber, City Hall, Dubuque,
Iowa to consider the proposal to
dispose of interest of the City of Dubu-
que, Iowa hi real estate to PIXLER
ELECTRIC, INC. and HOWARD O.
PIXLER and ROSE M. PIXLER,
which real estate proposed for disposi-
tion is described as follows, to-wit:
Lot 3 and Lot 2 of the Subdivision
Lot 3 of Lot 2 of Lot 1 of the
Southwest Quarter of the
Southwest Quarter of Section 28,
Township 89 North, Range 2 East
of the 5th P.M. in the City of
Dubuque, Iowa;
and
WHEREAS, the City Council of the
City of Dubuque, Iowa overruled any
and all objections, oral or written to
the proposal to dispose of interest of
the City of Dubuque, in the
hereinabove real estate to the above
named PIXLER ELECTRIC, INC.
and HOWARD O. PIXLER and
ROSE M. PIXLER of Dubuque, Iowa;
NOW, THEREFORE, BE IT RE-
SOLVED TO THE CITY COUNCIL