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1981 May Council Proceedings142 Special Sdssion, April 20, 1981 Absent--Council Member Farreil. Communication of Assistant Direc- tot of Recreation inviting Council to Special Olympics Track and Field Meet scheduled for 4-25-81, presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Brady. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Felderman, Pratt. Nays--None. Absent--Council Member Farreil. Proofs of publication, certified to by the Publisher, of List of Claims and Receipts for month of February, 1981; Advising that Revenue Sharing Act as adopted by City Budget is on file; Ad- vising of filing of Environmental Review Records for Community Development Project; Advising of En- vlronmental Record filing for iskey Park Lighting Project; Advising copy of Annual Performance Report for Community Development is on file; presented and read. Council Member Pratt moved that the proofs of publication be received and filed, Seconded by Council Member Brady. Carried by the follow- lng vote: Yeas--Mayor King, Council Mem- bers Brady, Felderman, Pratt. Nays--None. Absent--Council Member Farreil. Communications of Iowa DEQ ad- vising of construction permits for: Sewage & Water for Radford In- dustcini Center, Sewage for Radford Road Interceptor, Sewage & Water for Clarke Crest Estates Phase IV, presented and read. Council Member Pratt moved that the communications be received and filed, 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. Petition of Agues C. Jogerst et al (18 signers) requesting the installation of a street light on the corner of Brunswick & Link Streets, presented and read. Council Member Pratt moved that the petition be referred to the City Manager. Seconded by Council Member Brady. Carried by the follow- ing vote: Yeas--Mayor King, Council Mem- bers Brady, Felderman, Pratt. Nays--None. Absent--Council Member Farreil. Communication of City Manager submitting monthly reports for month of March, 1981, presented and read. Council Member Pratt moved that the conunum'cation be received and filed. Seconded by Council Member Brady. Carried by the following vote: Yeas--Mayec King, Council Mem- bers Brady, Felderman, Pratt. Nays--None. Absent--Council Member Farreil. There being no further business, Council Member Pratt moved to ad- journ. Seconded by Council Member Felderman. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Felderman, Pratt. Nays--None. Absent--Council Member Farrell. Mary A. Davis City Clerk Approved__ .1981 Adopted 1981 Council Members Regular Session, May 4, 1981 CITY COUNCIL OFFICIAL Regular Session, May 4, 1981. Council Met at 7:30 P.M. (D.S.T~ Present--Mayor King, Council Members Brady, Farrell, Fciderman Pratt, City Manager W. Kenneth Gearhart, Assistant Solicitor Wm. G. Blum. Absent--Corporation Counsel R. N. Russo. Mayor King read the call and stated that this is the Regular Monthly Meeting of the City Council called for the purpose to act upon such business which may come before the Council. Invocation was given by Rev. David Swartz, First Baptist Church. Proclamations: May 10-16 as "Na- tional Historic Preservation Week" received by Tom Reiliy; May 10-17 as "Nursing Home Week"; Month of May as "National High Blood Pressure Month" received by Kay Fahey of the V.N.A.; May 12th as "Foster Grandparent Day"; May 17-23 as "Insurance Women's Week"; September 7th as "Peace Day"; May 10-t6 as "Kiss Your Baby Week"; Months of May thru August as "Jobs for Students Months" received by Terry Van Dyke; May as "Older Americans Month" received by Genevieve Heathcote; May '17th as "Special Day of Prayer". Council Member Pratt moved to sus- pend the rules to let anyone present address the CounCil if they so desire. Seconded by Council Member Farrell. Carried by the following vote: Yeas--Mayor King, Council Mem- bets Brady, Farrell, Felderman, Pratt. Nays--None. Proof of publication, certified to by the Publisher, of Notice of Pendency on Resolution of Necessity for reconstruction of the Central Avenue Sanitary Sewer from 24th to 26th Street, presented and read. No written objections were received and no oral objectors were 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 Farrell. Carried by the follow- ing vote: Yeas--Mayor King, Council Mem- bers Brady, Farreil, Felderman, Pratt. Nays--None. INecescity for Improvements) RESOLUTION NO. 90-81 143 WHEREAS, proposed plans, specificati~hs~ and form of contract have been duly prepared and approved by the City Council of the City of Dubuque, Iowa, and are now on file in the office of the City Clerk showing among other things the following: 1. The plan of such improvement 2. An estimate of the cost of the ira- provement for the reconstruction of the Central Avenue Sanitary Sewer from 24th to 26th 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 on file with the City Clerk, objec- tions to tho proposed plans, specifica- tions, contract or estimated cost of the improvement, they shall be deemed to have waived ali objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been approved by the City Coun- cil and are now on file with the City Clerk. That the cost and expense of making said improvement will be paid from General Obligation Bonds. The above resolution was introduc- ed, approved and ordered placed on file with the City Clerk this 6th day of April, 1981. Record of Final Adoption The foregoing resolution was finaHy passed and adopted, as proposed, by tho City Council this 4th day of May, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adop- tion of the Reoslution. Seconded by Council Member Farreil. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farreil, Felderman, Pratt. Nays--None. Decision of Council upon objections to plans, speciBcations, form of contract and cost of improvements RESOLUTION NO. 108-81 WHEREAS, proposed plans and specifications and form of contract for the reconstruction of the Central Avenue Sanitary Sewer from 24th to 26th Street have been approved by the City Council of the City of Dubuque and public notice given as provided by 144 Regular Session, May 4, 1981 Chapter 384 of the Code of Iowa, 1979, pertaining to public contracts and bonds, and the time and place fixed for the hearing of ali objections to said plans, specifications or contract for or cost of such improvements, said time being this 4th day of May, 1981; and WHEREAS, the City Council met in regular session this 4th day of May, 1981, at 7:30 o'clock p.m. at the Coun- cil Chambers in the City Hall for the purpose of hearing ali interested par- ties and considering any and all objec- tions which have been filed to the pro- posed plans, specifications or contract 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 ail objections which have been made and filed to the plans, specifications, contract for or cost of said improvement herein described and proposed to be made, be and same hereby overruled and such plans, specifications and form of con- tract heretofore approved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objec- tions 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, approved and adopted this 4th day of May, 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, Farrell, Feiderman, Pratt. Nays--None. (Ordering Construction) RESOLUTION NO. 109-81 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that pursuant to a Resolution of Necessity No. 90-81 which was duly tossed by this Council for the reconstruction of the Central Avenue Sanitary Sewer from 24th to 26th Street, be and the same is hereby ordered constructed by this Council upon its own motion and with or without the petition of property Ail work shall be constructed in ac- cordance with the plans and speclfica- ;ions heretofore adopted and now on file in tlie office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of said im- provement be paid from General Obligation Bonds. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of IMMEDIATE NECESSITY shall be in force and ef- fect from and after its passage and adoption by the City Council. Passed, approved and adopted this 4th day of May, 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 fonowing vote: Yeas--Mayor King, Council Mem- bets Brady, Farreil, Felderman, Pratt. Nays--None. Proof of publication, certified to by the Publisher, of Notice of Contractors of the Receipt of Proposals for the con- struction of the reconstruction of the Central Avenue Sanitary Sewer from 24th to 26th Street, presented and read. Council Member Pratt moved that the proof of publication be received and filed. Seconded by Council Member Farreli. Carried by the follow- lng vote: Yeas--Mayor K~ing, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Communication of City Manager ad- vising of receipt of bids and recom- mending awarding contract to Stewart Construction, presented and read. Council Member Pratt moved that the conununication be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas--Mayor King, Council Mem- bets Brady, Farreil, Felderman, Pratt. Nays--None. Regular Session, May 4, 1981 145 (Awarding Contract) RESOLUTION NO. 110-81 WHEREAS, sealed proposals have been submitted by contractors for the reconstruction of the Central Avenue Sanitary Sewer from 24th to 26th Street pursuant to Resolution No. 92-81 and notice to bidders published in a newspaper published in said City on April 10, 1981; WHEREAS, said sealed proposals were opened and read on April 24, 1981, and it has been determined that the bid of Steward Construction Com- pany of East Dubuque, Illinois, in the amount of $89,552.00 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifica- tions; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the con- tract for the above mentioned ira- prove~nent be awarded to Stewart Construction Company, and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete per- formance of said work. BE IT FURTHER RESOLVED, that upon the signing of said contract and the approval of the contractors bond, the City Treasurer is authorized and instructed to return the bid deposits to the unsuccessful bidders. Passed and adopted this 4th day of May, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adop- tion of the Resolution. Seconded by Council Member Farter. Carried by the following vote: Yeas--Mayor King, Council Mem- bets Brady, Farrell, Felderman, Pratt. Nays--None. Communication of City Manager submitting proposed amendment to the Fiscal Year 1981 Budget, presented and read. Council Member Felderman moved that the communication be received and filed. Seconded by Council Member Farrell. Carried by the follow- lng vote: Yeas--Mayor King, Council Mem- bets Brady, Farreil, Felderman, Pratt. Nays--None. RESOLUTION NO. 111-81 Resolution directing the City Clerk to publish proposed amendment to the Fiscal Year 1981 budget and date of public hearing WHEREAS, it is proposed that the City of Dubuque amend its Fiscal Year 1981 Budget; and WHEREAS, Section 384.16, Code of Iowa, stipulates that a public hearing must be held on such a budget amend- ment. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Clerk be and is hereby authorized and directed to publish notice of public hearing on an amendment to the adopted budget for the City of Dubuque. Passed, approved and adopted this 4th day of May, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Feiderman moved adoption of the Resolution and setting Hearing for June 1, 1981. Seconded by Council Member Farrell. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farreil, Felderman, Pratt. Nays--None. Communclation of City Manager recommending adoption of an Or- dinance providing for Burglary and Robbery Alarm Permits, presented and read. Council Member Felderman moved that the communication be received and filed. Seconded by Council Member Pratt. Carried by the follow- lng vote: Yeas--Mayor King, Council Mem- bers Brady, Farreil, Feiderman, Pratt. Nays--None. An Ordinance of the City of Dubu- que, Iowa providing that the Code of Ordinances of the City of Dubuque, Iowa be amended by repealing Chapter 31 of said Code and Enacting a New Chapter 31 in lieu thereof Pro- hihiting Impersonating an Officer, Refusing Admittance of officers; Pro- hiblting Use of Police Whistle; and Regulating Burglary and Robbery Alarm Permits; Providing for Burglary and Robbery Systems; and Providing for Service Charge for 146 Police Response to False Alarms,. presented and read. Council Member Brady 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 Brady moved that a Hearing be set on the above Or- dinance for June 1, 1981. Seconded by Council Member Farrell. Carried by the following vote: Yeas--Mayor King, Council Mem- bets Brady, Farrell, Felderman, Pratt. Nays--None. Communication of City Manager submitting procedures for the expan- sion of the City Hall Parking Lot, 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- bets Brady, Farrell, Felderman, Partt. Nays--None. RESOLUTION NO. 112-81 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the proposed plans, specs., etc. in- cluding all items of material and work for City Hall Parking Lot Expansion, with the probably cost of this improve- ment to be $24,601.70 be approved. Passed, adopted and approved this 4th day of May, 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. (Necessity for Improvement) RESOLUTION NO. 113-81 WHEREAS, proposed plans have been duly prepared and approved by the City Council of the City of Dubu- que, Iowa, and are now on file in the of- rice of the City Clerk showing among other things the plans, specifications and form of contract for the improve- ment, and an estimate of the cost for the City Hall Parking Lot Expansion. Regular Session, May 4, 1981 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- sideratinn of this proposed resolution have filed objections with the City Clerk to the proposed plans, specifica- tions, contract or estimated cost of the improvement, they 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 Parking Depreciation Fund and General Fund. The above resolution was introduced approved and ordered placed on file with the City Clerk this 4th day of May, 1981. Approved and placed on file for final action. APPROVED: D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Farrell moved ap- proval 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 Authorizing Advertisement for Proposals) RESOLUTION NO. 114-81 WHEREAS, the City Council of the City of Dubuque, Iowa, has given its approval on the proposed and form of con- placed same on file in the of- lice of the City Clerk for public inspec- tion for the City Hall Parking Lot Ex- and WHEREAS, the proposed Reeolu- ~ of Necessity for said improvement bas 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 first day of June, 1981, a public hearing will be held at 7:30 p.m. in the Council Chambers of the City of Dubuque at City Hail at which time interested persons may ap- Regular Session, May 4, 1981 pear and be heard for or against the proposed plans and specifications, form of contract and cost of said ira- provement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubu- qua, 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 in- terested persons at the time of the final consideration of the proposed Resolution of Necessity have filed ob- jections with the City Clerk, they shall bo deemed to have waived all objec- tiGriS thereto. BE IT FURTHER RESOLVED that the City Clerk be and is hereby directed to advertise for proposals for the construction of the improvements herein provided, to be published in a newspaper haveing general circulation in the City of Dubuque, Iowa, wMch notice shall not be less than four days nor more than twenty days prior to the receipt of said proposals at 10:00 a.m. the 22nd day of May, 1981, Bids shah be opened and read by the City Clerk at said time and will be submitted to the Council for final action at a meeting to be held at the City Council Chambers in City Hall at 7:30 p.m. on the First day of June, 1981. Passed, Adopted and Approved this 4th day of May, 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 foilowing vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Communication of City Manager recommending adoption of an Or- dlnance regulating Parades and Pro- cessions, presented and read. Council Member Pratt moved that the communication be received and ~- ed. Seconded by Council Member Farreil. Carried by the following vote: Yeas--Mayor King, Ccuncfl Mem- bars Brady, Farrell, Felderman, Pratt. Nays--None Mr. Gene Siegert of 2659 J.F.K. Read commended the Council on the proposed Ordinance. ORDINANCE NO~ 19-81 147 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SECTIONS 25-164 AND 25-165 OF DIVISION I OF AR- TICLE VI THEREOF AND BY ENACTING NEW SECTIONS 25-164 AND 25-1650F DIVISION I OF AR- TICLE VI IN LIEU THEREOF PRO- VIDING FOR DRIVING THROUGH PARADES AND PROCESSIONS, 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 Farreil. Carried by the foilowing vote: Yeas--Mayor King, Council Mem- hers Brady, Farrell, Felderman, Pratt. Nays--None. Council Member Pratt moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Farrell. Carried by the following vote: Yeas--Mayor King, Council Mem- bars Brady, Farreil, Felderman, Pratt. Nays--None. ORDINANCE NO. 19-81 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REPEALING SECTIONS 25- i64 AND 25-165 OF DIVISION 1 OF ARTICLE VI THEREOF AND BY ENACTING NEW SECTIONS 25- 164 AND 25-165 OF DIVISION 1 OF ARTICLE VI IN LIEU THEREOF PROVIDING FOR DRIVING THROUGH PARADES AND PRO- CESSIONS. 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, Iowa be amended by repealing Sections 25- i64 and 25-165 of Division 1 of Article VI thereof and by enacting new Sec- tions 25-164 and 25-165 of Division 1 of Article VI in lieu thereof as follows: ARTICLE VI. OPERATION DIVISION 1. GENERALLY Section 25-1~4. Driving Through Pro- cessions. 1. No person shall drive a vehicle through a parade or procession unless directed by a police officer. 2. A person who approaches a funeral proee~sinn which has lawfully entered an intersection or street shall reduce speed and stop if necessary to 148 Regular Session, May 4, 1981 yield the right of way to the funeral procession until the last vehicle in the funeral procession has cleared the intersection or entered the street from a private driveway unless otherwise directed by a police officer. 3. No person shall drive any vehicle in a parade or procession which has not been authorized by the designated person in charge of the parade or pro- cession. The designated person in charge shall be that person whose name appears on a parade or pro- cession permit. Section 25-165. Funeral Processions. 1. General. A funeral procession shall consist of those vehicles necessary to transport the deceased, employees of the funeral home, and family members and friends of the deceased. 2. All vehicles operated in a funeral procession shall have the headlights on and in a low beam distribution. 3. All vehicles operated in a funeral procession shall display a flag or other device conteining the word "Funeral". This device shall be placed on top of the left front fender, roof, or on both sides of the vehicle in such a manner as to be easily seen by other drivers. 4. a) A funeral procession which approaches an intersection provided with a traffic signal which displays a red signal shall stop and remain stopped until the signal is green. A funeral procession which enters inter- section with a green signal may con- th~ue without stopping until the last velficle in the procession has cleared the intersection; unless otherwise directed by a police officer. b) A funeral procession which approaches an intersection provided with a stop sign shall stop and yield the right of way to those vehicles which are approaching so close as to constitute a hazard. The funeral pro- cession may then enter and proceed through the intersection without stop- ping until the last vehicle in the pro- cession has cleared the intersection; unless otherwise directed by a pofice officer. c) A funeral procession which approaches an intersection provided with a Yield sign shall reduce speed and stop if necessary to yield the fight of way to vehicles which are approach- ing so close as to constitute a hazard. Having so yielded, a funeral procession may enter the hitersection and proceed without stopping until the last vehicle in the procession has cleared the inter- section, unless otherwise directed by a police officer. d) A funeral procession which is emerging from a private roadway, driveway, or building shall stop immediately prior to entering the side- walk area and shall proceed into the sidewalk area only when there exists no danger to pedestrian traffic and shall yield the right of way to vehicles on the street into which the funeral is entering which are so close as to constitute a hazard. Having so yielded, a funeral procession may proceed into the street being entered without stopping until the last vehicle in the procession has entered the street, unless otherwise directed by a police officer. 5. No person operating a vehicle in a funeral procession shall disregard reg- ulatioos governing directions of ~nove- g in specified directions. 6. No person shall place any device or sign which limits access on any roadway, or restricts parking in any metered or non-metered area for the )urpose of lining up a funeral pro- cession without prior written authori- zation from the City Manager's Office. PASSED, APPROVED AND ADOPTED this 4th day of May, D. Michael King MAYOR ATTEST: Mary A. Davis CITY CLERK Published officially in the Telegraph Herald newspaper this 11th day of May, 1981. Mary A. Davis City Clerk Council Member Pratt moved final adoption of the Ordinance, as amend- ed, 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 Ordinance relative to Water Service, p~eseated and read. Council Member Farrell moved that the communication be received and fil- ed. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady! Farrell, Felderman, Pratt. Nays--None. Council Member Pratt Moved that the attached fees to the above com- munication be approved. MOTION DIED FOR LACK OF A SECOND. ORDINANCE NO. 20-81 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE Regular Session, May 4,1981 149 CITY OF DUBUQUE, IOWA, BY REPEALING SECTION 36-100 OF ARTICLE IV OF CHAPTER 36 THEREOF AND ENACTING A NEW SECTION 36-1~0 IN LIEU THEREOF TO PROVIDE FOR CLOSING OF ACCOUNT, BY REPEALING SUBSECTION (h) OF SECTION 36-106 OF ARTICLE IV OF CHAPTER 36 THEREOF AND ENACTING A NEW SUBSECTION (il) OF SECTION 36-106 OF ARTICLE IV OF CHAPTER 36 IN LIEU THEREOF REGULATING THE USE OF FIRELINES; BY REPEAL- lNG SUBSECTION ~bl OF SECTION 36-136 OF ARTICLE IV OF CHAPTER 36 AND ENACTING A NEW SUBSECTION {bi IN LIEU THEREOF RELATING TO SER- VICE CONNECTIONS: BY REPEALING SUBSECTION (t) OF SECTION 36-147 OF ARTICLE IV OF CHAPTER 36 AND ENACTING A NEW SUBSECTION fi) OF SEC- TION 36-147 OF ARTICLE IV OF CHAPTER 36 IN LIEU THEREOF RELATING TO THE LOCATION AND METHOD OF INSTALLA- TION OF WATER METERS~ BY REPEALING SECTION 36-150 OF ARTICLE IV OF CHAPTER 36 THEREOF AND ENACTING A NEW SECTION 36-150 OF ARTICLE IV OF CHAPTER 36 IN LIEU THEREOF TO PROVIDE OWNER'S DUTY TO PROTECT~ FROM DAMAGE; BY REPEALING SUBSECTION (b) OF SECTION 36-153 OF ARTICLE IV OF CHAPTER 36 AND ENACTING A NEW SUBSECTION (bi OF SEC- TION 36-15~ OF ARTICLE IV OF CHAPTER ~6 IN LIEU THEREOF RELATING TO THE TESTING FOR ACCURACY OF METERS; BY AMENDING' SECTION 36-161 OF ARTICLE IV OF CHAPTER 36 THEREOF BY ENACTING A NEW SUBPARAGRAPHS (c),(d), AND (e), RESPECTIVELY RELATING TO BILLING FOR SERVICE FOR RESIDENTIAL, COMMERCIAL AND INDUSTRIAL USES; BY REPEALING SECTION 36-162 OF ARTICLE IV OF CHAPTER 36 THEREOF AND ENACTING~ A NEW SECTION 36-162 OF ARTICLE IV OF CHAPTER 36 IN LIEU THEROF RELATING TO FIRE SPRINKLER SERVICE CHARGES; BY REPEALING SUBSECTION OF SECTION 36-163 OF ARTICLE IV OF CHAPTER 3~ THEREOF AND ENACTING A NEW SUBSEC- TION ic) OF SECTION 36-163 OF AR- TICLE IV OF CHAPTER 3~ INLIEU THEREOF RELATING TO THE PLACING OF METERS; AND BY REPEALING SECTION 36-164 OF ARTICLE IV OF CHAPTER 36 AND ENACTING A NEW SECTION 36-164 OF ARTICLE IV OF CHAPTER 36 IN LIEU THEREOF RELATING TO THE PLACE AND MANNER OF PAYING WATER BILLS, presented and read. Council Member Farmll moved that the 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- bets Brady, Farrell, Felderman, Pratt. Nays--None. Council Member Farrell moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. ORDINANCE NO. 20-81 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REPEALING SECTION 36-100 OF ARTICLE IV OF CHAPTER 36 THEREOF AND ENACTING A NEW SECTION 36-100 IN LIEU THEREOF TO PROVIDE FOR CLOSING OF ACCOUNT, BY REPEALING SUBSECTION (h) OF SECTION 36-106 OF ARTICLE IV OF CHAPTER 36 THEREOF AND ENACTING A NEW SUB, SECTION (h) OF SECTION 36-106 OF ARTICLE IV OF CHAPTER 36 IN LIEU THEREOF REGULAT- ING THE USE OF FIRELINES; BY REPEALING SUBSECTION (b) OF SECTION 36-136 OF ARTI- CLE IV OF CHAPTER 36 AND ENACTING A NEW SUBSEC- TION (b) IN LIEU THEREOF RELATING TO SERVICE CON- NECTIONS; BY REPEALING SUBSECTION (f) OF SECTION 36- 147 OF ARTICLE IV OF CHAP- TER 36 AND ENACTING A NEW SUBSECTION (f) OF SECTION 36- 147 OF ARTICLE IV OF CHAP- TER 36 IN LIEU THEREOF RELATING TO THE LOCATION AND METHOD OF INSTALLA- TION OF WATER METERS; BY REPEALING SECTION 36-150 OF ARTICLE IV OF CHAPTER 36 THEREOF AND ENACTING A 150 NEW SECTION 36-150 OF ARTI- CLE IV OF CHAPTER 36 IN LIEU THEREOF TO PROVIDE OWNER'S DUTY TO PROTECT FROM DAMAGE; BY REPEAL- ING SUBSECTION (b) OF SEC- TION 36-153 OF ARTICLE IV OF CHAPTER 36 AND ENACTING A NEW SUBSECTION (b) OF SEC- TION 36-153 OF ARTICLE IV OF CHAPTER 36 IN LIEU THEREOF RELATING TO THE TESTING FOR ACCURACY OF METERS; BY AMENDING SECTION 36-161 OF ARTICLE IV OF CHAPTER 36 THEREOF BY ENACTING A NEW SUBPARAGRAPHS (c), (d), and (e), RESPECTIVELY RELAT- ING TO BILLING FOR SERVICE FOR RESIDENTIAL, COMMER- CIAL AND INDUSTRIAL USES; BY REPEALING SECTION 36-162 OF ARTICLE IV OF CHAPTER 36 THEREOF AND ENACTING A NEW SECTION 36-162 OF ARTI- CLE IV OF CHAPTER 36 IN LIEU THEREOF RELATING TO FIRE SPRINKLER SERVICE CHARGES; BY REPEALING SUB- SECTION (c) OF SECTION 36-163 OF ARTICLE IV OF CHAPTER 36 THEREOF AND ENACTING A NEW SUBSECTION (c) OF SEC- TION 36-163 OF ARTICLE IV OF CHAPTER 36 IN LIEU THEREOF RELATING TO THE PLACING OF METERS; AND BY REPEAL- lNG SECTION 36-164 OF ARTI- CLE IV OF CHAPTER 36 AND ENACTING A NEW SECTION 36- 164 OF ARTICLE IV OF CHAP- TER 36 IN LIEU THEREOF RELATING TO THE PLACE AND MANNER OF PAYING WATER BILLS 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 Iowa be amended by repealing Section 36- 100 of Article IV of Chapter 36 thereof and enacting a new Section 36-100 in lieu thereof to read as follows: "CHAPTER 36. ARTICLE IV. Sec. 36-100~ Closing of accounts. Owner or consumer desiring to dis- continue the use of water shall give notice to the City Water Division. The meter will be read, and a final bill computed. If the customer is transferring within the system, the final balance will be transferred to the customer's new account, and will be subject to the normal collection Regular Session, May 4,1981 )rocedures for active accounts. If the customer is discontinuing service on the City Water System, the final bill will be rendered to the customer and will be subject to the normal collec- tion procedure for final bills." Section 2. That the Code of Ordi- nances of the City of Dubuque, Iowa be amended by repealing Subsection (h) of Section 36-106 of Article IV of Chapter 36 and enacting a new Sub- section (h) of Section 36-166 of Article IV of Chapter 36 in lieu thereof to read ~s follows: "CHAPTER 36. ARTICLE IV. Sec. 36-106(h). Fire Lines. In any case where the owner or occupants of any premises are found to be using water from a fire service for other purposes than fire protec- tion, tbe water shall be shut off until the user has given the city reaoonable assurance that the offense will Sot be repeated. A reconnection charge, as established by the City Manager, after official publication, will be imposed and collected prior to rester- ~ng service. A second violation will be sufficient cause for terminating set- vice to the property and refusing reconnection while the offender owns Section 3. That the Code of Ordi- nances of the City of Dubuque, Iowa be amended by repealing Subsection (b) of Section 36-136 of Article IV of Chapter 36 and enacting a new Sub- section (b) of Section 36-136 of Article IV of Chapter 36 in lieu thereof to read as follows: "CHAPTER 36. ARTICLE IV. Sec. 36-136 (b). Connections. If the City Manager shall find that any such service connection has become defective or leaks, he may give written notice to the owner of the property served by such connec- tion, describing the defect and directing him to repair the same. If such defect is not promptly repaired by the owner, the 'water may be turned off until the repair has been made. If the defect is a leak and such leakage coiitinues for more than three (8) days after such written notification, the property owner shall be charged a rate per day, as estab- lished by the City Manager, after official publication, for each day thereafter that such leakage con- Section 4. That the Code of Ordi- nances of the City of Dubuque, Iowa be amended by repealing Subsection (f) of Section 36-147 of Article IV of Chapter 36 and enacting a new Sub- section (f) of Section 36-147 of Article Regular Session, May 4, 1981 151 IV of Chapter 36 in lieu thereof to read as follows! "CHAPTER 36. ARTICLE IV. Sec. 36-147(f). Location, Method of Installation. Should the City Manager deter- mine that any meter has been impro- perly installed, he may give the owner notice requiring correction of the defect, tf such defect is not cot- rected within five (5) days of such notice, the water division may shut off the water supply and shall not turn it on again until the defect has been repaired and a charge as estab- lished by the City Manager, after official publication, has been paid." Section 5. That the Code of Ordi- nances of the City of Dubuque, Iowa be amended by repealing Section 36- 150 of Article IV of Chapter 36 thereof and enacting a new Section 36-150 of Article IV of Chapter 36 in lieu thereo to read as follows: "CHAPTER 36. ARTICLE IV. Sec. 36-150. Owner's Duty To Pro- tect From Damage. The owner of premises where a meter is installed shall be held responsible for its care and protec- tion from freezing or hot water and from other injury or interference from any person. In all cases where meters are broken or damaged by freezing, hot water or other injuries except ordinary wear, the necessary repairs will be made by the City Water Division, and the cost charged to the owner or occupant. In case payment thereof is neglected or refused, the water supply shall be turned off until full payment has been made, together with a charge as established by the City Manager, after official publication." Section 6. That the Code of Ordi- nances of the City of Dubuque, Iowa be amended by repealing Subsection (b) of Section 36-153 of Article IV of Chapter 36 thereof and enacting a new Subsection (b) of Section 36-153 of Article IV of Chapter 36 in lieu thereof to read as follows: "CHAPTF~ 36. ARTICLE IV. Sec. 36-153 (b) Accuracy, Testing. If the meter is found to register satisfactorily, the water actually flowing through it, a charge as estab- lished by the City Manager, after official publication, will be made to pay the cost of conducting the test. If the meter is found to register unsatis- factorily, the water flowing through it, no charge will be made for the test and a proportional reduction will be made from the previous bill." Section 7. That the Code of Ordi- nances of the City of Dubuque, Iowa be amended by enacting new subpara- graphs (c), (d), and (e), to Section 36- 161 of Article IV of Chapter 36 as fol- "CHAPTER 36. ARTICLE IV. Sec. 36-161. Residential, Commer- cial and Industrial uses. (c) For all meters in service, bills will be issued monthly. When a meter is not read monthly, for any reason, bills will be issued on estimated con- sumption. For estimated billings, either on alternate months or when readings are not obtainable for any reason, consumption will be predi- cated on monthly average of past usage for the meter. For estimated bills issued for an account in which historical data is not available, bill- ing will be predicated on the mini- mum charge and related consumption identified in the Code of Ordinances for the size of the meter in service for the particular account. (d) If requested by the customer, a remote reading device may be installed and billed on an installment contract over a maximum of six (6) months period. (e) The proper adjustment from estimated readings will be made when an actual meter reading is obtained. The adjustment will be reflected on the customer's next regular bill." Section 3. That the Code of Ordi- nances of the City of Dubuque, Iowa be amended by repealing Section 36- 162 of Article IV of Chapter 36 thereof and enacting a new Section 36-162 in lieu thereof to read as follows: "CHAPTER 36. ARTICLE IV. Sec. 36-162. Fire Sprinkler Set- Customers who have fire sprinkler service shall be billed for this service on a monthly basis. This monthly charge will be included on the cus- tomer~s regular monthly bill for which charges are fixed and deter- mined as follows: Up to 200 Heads, (minimum monthly charge) $8.33; 200--300 Heads, $10.00; 300-400 Heads, $11.67; 499- 600 Heads, $13.33; 600-800 Heads, $15.00; 800-~000 Heads, $16.67; 1000-1200 Heads, $18.33; 1200-1400 Heads, $20.00; 1400-1600 Heads, $21.67; 1600-1800 Heads, $23.33; 1800-2000 Heads, $25.00; 2000-2200 Heads, $26.67~ 2200-2400 Heads, $28.33; 2400-2600 Heads, $30.00; 2600-2800 Heads $31.67; 2800-3000 Heads, $33.33; 3000-3500 Heads, $35.00; Over 3500 (For each addi- tional 590 heads or fraction thereof) 152 Regular Session, May 4, 1981 Section 9, That the Code of Ordi- nances of the City of Dubuque, Iowa be amended by repealing Subsection (c) of Section 36-163 of Article IV of Chapter 36 thereaf and enacting a new Subsection (c) of Section 36-163 of Article IV of Chapter 36 in lieu thereof to read as follows: "CHAPTER 36. ARTICLE IV. Sec. 36-163 (c) Construction Use. If it is the opinion of the City Manager that placement of a meter is impractical, then the deposit for meter and fittings shall not be required but a charge, as determined by the City Manager, after official publication, shall be made, but under no circumstances shall water be used for sprinkling lawlm, wetting down yards or compacting of soil unless a meter has been installed on the ser- vice, or arrangements have been made for such usage." Section 10. That the Code of Cedi- nances of the City of Dubuque, Iowa be amended by repealing Section 36- 164 of Article IV of Chapter 36 thereof and enacting a new Section 36-164 of Article IV of Chapter 36 in lieu thereof to read as follows: "CHAPTER 36. ARTICLE IV. Sec. 36-164. Payment of Bills. (a) Payment of bills may be made at locations that have been desig- nated by the City Manager, after official publication. (b) All utility bills are due when rende~d. If bills are not paid within thirty (30) days after tlie billing date, the City reserves the right to discon- tinue water service to the delinquent customer by shutting off the water service. The water sec'vice shall not be restored until all current, delia- quent and penalty charges, in addi- tion trna turn-on charge, have been paid. Furthermore, if an unresolved delinquency exists for one or more units in a multi-unit rental property, the owner must assume responsibility for the future billings to such accounts. (c) If a bill remains unpaid thirty (30) days after the billing date, there shall be added to the bill a penalty of five (5%) pecent of the total utility bill for late payment." Section 11. This ordinance shall be in full force and effect on July 1, 1981, after its final adoption and publication as provided by law. Passed, approved and adopted this 4th day of May, 1981. D. Michael King Mayor ATTEST: Mmy A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 11th day of May, 1981. Mary A. Davis City Clerk It 5/11 Council Member Brady moved final adoption of the Ordinance, as amend- ed. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Communication of City Manager ad- vising of completion of demolition of the Trenkle Building, presented and read. Council Member Pratt moved that the communication be received and fil- ed. Seconded by Council Member Farrell. Carried by the following vote: Yeas--Mayor ~King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. (A Resolution Accepting Improvement) RESOLUTION NO. 115-81 WHEREAS, the contract for the Demolition of the Trenkle Building, 1225 Central Avenue has been com- pleted and the City Manager has ex- amined the work and filed his cer- tificate stating that the same has been completed according to the terms of the contract, plans and specifications and recenunends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED, that the City Treasurer be is hereby directed to pay to the contractor the amount equal to the amount of ins con- tract, less any ~retained percentage provided for therein. Passed, adopted and approved tins 4th day of May, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adop- tion of the Resolution. Seconded by Council Member Farren. Carried by the following vote: Yeas--Mayor King, Council Mem- Regular Session, May 4, 1981 153 bers Brady, Farreli, Felderman, Pratt. Nays--None. FINAL ESTIMATE RESOLUTION NO. 116-81 WHEREAS, the contract for the Demolition of the Trenkle Building, 1225 Central Avenue has been com- plcted and the City Engineer has sub- mitred ins final estimate showing the cost thereof including the cost of estimates, notices, inspection, and preparing the assesment and plat, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improvement is hereby determined to be $40,400.00. That $36,400.00 shall be paid from the Parking Facilities Improvement Fund of the City of Dubuque. Passed, adopted and aproved this 4th day of May 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adop- tion of the Resolution. Seconded by Council Member Farreli. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Communication of City Manager submitting amendment to UMTA Grant, presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Farreil. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. RESOLUTION NO. 117-81 Resolution Authorizlag the filing of Amendments to Current Section 3 Applicstlan (IA-03-0017~ and Pending Section 5 Application (IA-05-0028) with the Department of Transportation, United States of America, for a Grant under the Urban Mass Transportation Act of 1{~64, as Amended. WHEREAS, the Secretary of Transportation is authorized to make grants for mass transportation pro- jects; WHEREAS, the contract for finan- cial assistance will impose certain obligations upon the applicant, in- eluding the provisio~ by it of the local share of project costs; WHEREAS, it is required by the U.S. Department of Transportation in accord with the provisions of Title VI of the Civil Rights Act of 1964, that in connection with the filing of amend- ments to applications for assistance under the Urban Mass Transportation Act of 1964, as amended, the applicant gqve an assurance that it will comply with Title VI of the Civil Rights Act of 1964 and the U.S. Department of Transportation requirements thereunder; and WHEREAS, it is the goal of the ap- that minority business enter- ~o the fullest extend connection with these pro- jects, and that definitive procedures shall be established and administered to ensure that minority businesses shall have the maximum feasible opor- tunity to compete for contracts, or consultant and other services: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBQUE, IOWA: Section 1.That the Mayor of the City of Dubuqe is authorized to execute and file amendments to applications on behalf of the City of Dubuque with the U.S. Department of Transportation, to aid in the financing of the purchase of two thirty foot buses pursuant to See* tion 3 and Section 5 of the Urban Mass Transportation Act of 1964, as amend- Section 2. That the Mayor of the City of Dubuque is authorized to execute and file with such amendments to ap- an assurance or any other document required by the U.S. Depart- ment of Transportation effectuating the purposes of Title VI of the Civil Rights Act of 1964. Section 3. That William Kohler, Transit Manager, is authorized to fu~ nish such additional information as the U.S. Department of Transportation may require in connection with the ap- plieation amendments or the project. Section 4. That the Mayor of the City of Dubuque is authorized to set forth and execute affirmative minority business policies in connection with the project's procurement needs. Section 5. That the Mayor of the City of Dubuque is authorized to execute grant contract agreements and amend- meats to said agreements on behalf of the City of Dubuque with the U.S. Department of Transportation for aid in the financing of capital assistance projects. 154 Passed, approved and adopted this 4th day of May, 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 Mere bers Brady, Farreil, Felderman, Pratt. Nays--None. Communication of City Manager submitting Resolution approving the proposed Bargaining Unit Amend- ment by Amalgamated Transit Union to represent parttime Bus Operators, presented and read. Council Member Felderman moved that the communication be received and filed. Seconded by Council Member Pratt. Carried by the follow- lng vote: Yeas--mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. RESOLUTION NO. 118-81 RESOLUTION AUTHORIZING THE MAYOR TO SIGN A STIPULA- TION OF BARGAINING UNIT WHEREAS, the 65th General Assembly adopted the Public Employ- ment Relations Act, Chapter 20, Code of Iowa, 1975; and WHEREAS, the City of Dubuque is a public employer within the meaning of Section 3(1) of the Public Employ- ment Relations Act; and WHEREAS, the Amalgamated Transit Union, Division 329, is an employee organization within the meaning of Seciton 314) of the Public Employment Relations Act; and WHEREAS, the Amalgamated Transit Union, Divislon 329, submit- ted a petition to the Public Employ- ment Relations Board requesting to bargain collectively for certain public employees in the City of Dubuque; and WHEREAS, the parties have reach- ed a tentative agreement as to what constitutes an appropriate unit for purposes of collective bargaining within the meaning of the Public Employment Relations Act. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQE, Regular Session, May 4, 1981 IOWA: Section 1. That the amendment to the bargaining unit be approved and the Mayor authorized to sign the attached "Stipulation of Bargaining Unit." Passed, approved and adopted this 4th day of May, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Felderman moved Adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bets Brady, Farreli, Felderman, Pratt. Nays-None. Communication of City Manager recommending to deny petition of Paul H. Demkier to purchase portion of alley between north end of Burlington and Muscatine St., but recommending to regrade the alley at City expense and to raise the water stop box at City expense, presented and read. Council Member Pratt moved that the denial be approved, and also the City Mgr.'s recommendation for regrading the alley. Seconded by Council Member Felderman. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None, Petition of First Congregational church requesting demolition permit for buildings at 1044 and 1058 Locust St., Presented and read. Council Member Pratt moved that the petition be received and filed. Seconded by Council Member Felderman. Carried by the following vote: Yeas--Mayor Kihg, Council Mem- bets Brady, Farrell, Felderman, Pratt. Nays--None.~ Communication of Historic Preset- ration Commission recommending that the issuance of a demolition permit, as requested by First Con- gregational Church, not be impeded because the building has limited ar- chitectural and historical significance, presented and read. Council Member Pratt moved that the demolition permit be approved. Seconded by Council Member Felderman. Carried by the following vote: Yeas--Mayor King, Counc'fl Mere- hers Brady, Farreg, Felde~amn, Pratt. Nays--None. Regular Session, May 4, 1981 155 RESOLUTION NO. 119-81 WHEREAS, the City of Dubuque is the sponsor of a project known as Dubuque IndustrlalCenter; and WHEREAS, the City of Dubuque hereby designates DUBUQUE--IN-- FUTURe, INC., a non-profit corpora- tion of Iowa, as the sole agent for tlie marketing, sale and disposition of industrial development sites in the Dubuque Industrial Center; and WHEREAS, the City proposes to undertake a project or projects con- sisting of public works and other improvements on the property known as the Dubuque Industrial Center and has established and classified a zoning district classification thereon, known as "Planned Industrial District" and the City Proposes and intends to do other things necessary and incidental to the accommodation of the develop- ment of industry and industrial sites in the project; and WHEREAS, the City is co-sponsor with DUBUQUE--IN--FUTURe, INC., in said project, pursuant to and in accordance with agreement with the Economic Development Administra- tion of the United States Department of Commerce and the City hereby designates DUBUQUE--IN-- FUTURe, INC., as the sole agent for the marketing, sale and di~posltion of industrial sites in the industrial development project and pursuant to such des/gnatlon City will grant and convey to DUBU- QUE--IN--FUTURO, INC., said real estate for industrial sites on or before July 1, 1982; and WHEREAS, Frommelt Industries, Inc. is engaged in manufacturing from facilities in the City of Dubuque, Iowa and desires to acquire real estate for the purpose of constructing new manufacturing facilities in the Dubu- que Industrual Center and has negotiated with DUBUQUE-- IN--FUTURe, INC., for the acquisi- tion of said real estate; and to that end the City of Dubuque, Iowa, DUBU- QUE--IN--FUTURO, INC., and Frommelt Industries, Inc., have developed a proposed contract for the purchase of real estate in connection with the foregoing which has been executed by Frommelt Industries, Inc., and WHEREAS, City of Dubuque, Iowa determines that said contract for pur- chase of real estate a copy of which is attached hereto be and the same should be approved; NOW THEREFORE BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the contract for pu~ chase of real estate by and between DUBUQUE--IN--FUTURe, INC., and Frommelt Industries, Inc., and City of Dubuque, Iowa, a copy of which is hereto attached and by reference made a part hereof, be and the same is hereby approved. Section 2. That the Mayor and City Clerk be and they are hereby authoriz- ed and directed to execute said eon- tract for and on behalf of the City of Dubuque, Iowa. Passed, approved and adopted this 4th day of May, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adop- tion of the Resolution. Seconded by Council Member Felderman. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Council Member Pratt moved that the City Council recommend to the County Board of Supervisors that Operatlon: New View go from public non-profit organization to private non- profit organization and the 24 members of the Administrative Board make application for funding. Seconded by Council Member Farrell. Carried by the following vote: Yeas--Council Members Farreli, Felderman, Pratt. Nays--Mayor King, Council Mem- bers Brady. RESOLUTION NO.120-81 BE IT RESOLVED, By the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Revco Discount Drug Center No. 3020 Sandra L. Harris 1027 Rhomberg Ave. 1933 Inc. d/bls Spatz Malones 225 West 6th St. Donna M. Ginter 1701 Asbury Road 156 Regular Session, May 4, 1981 Passed, adopted and approved this 4th day of May 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adop- tion of the Resolution. Seconded by Council Member Brady. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farreil, Felderman, Pratt. Nays--None. RESOLUTION NO. 121-81 WHEREAS, Applications for Beer Permits have been submitted and filed to this Council for aproval 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 RESOLVED, By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Charles J. Spielman (Also Sunday Sales) Vet's Memorial Park Evening Optimist Club of Dubuque (Also Sunday Sales) McAleece Recreation Area CLASS "C" BEER PERMIT Earl Tegeler 620 S. Grandview Ave. (Also Sunday Sales) Passed, adopted and approved this 4bt day of May 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 Members Brady, Farrell, Felderman, Pratt. Nays--None. RESOLUION NO. 122-81 WHEREAS, Applications for Liquor Licenses have been submitted to this Council for approval and the ed; and WHEREAS, The premises to be occupied by such applicants were in- spected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RESOLVED, By the City Council of the City of Dubuque, Iowa~ that the Manager be authorized to cause to be issured to the following named ap- plicants a Liquor License. CLASS "A" (CLUB) BEER AND LIQUOR LICENSE Dubuque Golf & Country Club Also Sunday Sales)1800 Randall Place Class "C" (COMMERCIAL) BEER AND LIQUOR LICENSE D.B.Q. Inc. 4th and Locust St. (Also Sunday Sales) J&RC, Inc. 431 Rhomberg Ave. Iames R. Bainbridge 1375 Locust St. (Sunday Sales Only) Paul G. and Ann E. Hansen and John Wernke Mary L. Wernke 1630 E. 16th St. Thelma T. Lehman 1401 Elm St. Passed, adopted and approved this 4th day of May 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, Feiderman, Pratt. Nays--None. Abstain--Mayor King on Paul G. Hansen et al only. MINUTES sUBMITTED: Airport Comm. of 4-14; Cable Comm. of 4-6; Comm. Devel. Comm. of 4-14; Dock 'Corem. of 4-14; Historic Preservation Comm. of 4-14; Housing Comm. of 4-21; Zoning Bd. of Adjustment of 3-19; Transit Comparative Earnings Statement and Statistics of Feb. (Cor- rectoed Copy) and March, 1981, presented and read. Council Member Felderman moved that the minutes be received and filed. Seconded by Coun- cil Member Farrell Carried by the following vote: Yeas--Mayor King~ Council Mem- bers Brady, Farreli, Felderman, Pratt. Nays--None. Printed Council proceedings for the months of Jan. & Feb. 1981, presented and read. Regular Session, May 4, 1981 157 Council Member Feiderman moved that the proceedings be approved as printed. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Petition of American Trust and Say- ings Bank requesting approval of dates and locations for 2nd season of American Trust Smnmer Pops Band during the summer of 1981, presented and read. Council Member Felderman moved that the petition be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Feiderman, Pratt. Nays--None. Youth in Government submitting Proclamation expressing gratitude of City Officials for their support of the Youth in Government Program, presented and read. Council Member Felderman moved that the proclamation be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Feidernmn, Pratt. Nays--None. REFUNDS REQUESTED: Osco Drug, $225.00 on unexpired Beer Per- mit; Richard Winsor $75.00 on unex- pired Beer permit, presented and read. Council Member Felderman moved that the refunds be approved and Finance Director to issue proper checks. Seconded by Council Member Farrell. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farreil, Felderman, Pratt. Nays--None. Proof of publication, certified to by the Publisher, of Notice of Intent to file request of approved application for lvT 1981 Block Grant Funds, presented and read. Council Member Felderman moved that the proof of publication be received and ill- ed. Seconded by council Member Farrell. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Feiderman, Pratt. Nays--None. NOTICES OF CLAIMS, SUITS: Mirco, Ltd. vs. Alaide, Inc., City of Dubuque and Housing Rehabilitation Comm. in amt. of $50,000 plus damages as result of being eliminated from list of eligible contractors; Robert L. Wemett vs. City of Dubuque and Jeffery L. Evarts in amt. of $50,000 for personal injuries; William L. Kramer by Attorney Bitter, in amt. of $10,000 and attorney's fees for false arrest by Police Officer, presented and read. Council Member Felderman moved that the claims/suits be referred to the Corporation Counsel Russo for in- vestigation and report Seconded by Council Member Farrell. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farreil, Felderman, Pratt. Nays--None. Communication of Tom Berryman submitting resignation from Transit Board effective June 30, 1981, )resented and read. Council Member Feiderman moved that the communication be received and filed and accepted with regret. Seconded by Council Member Farrell. Carried by the Following vote: Yeas--Mayor King, Council Mem- bers Brady, Farreli, Felderman, Pratt. Nays--None. Petition of Ferd Nesler requesting to vacate portion of Dunning St. which lies adjacent to the south of his proper- ty described as Lots 15 & 16, Block 9 Grandview Park, Presented and read. Council Member Feiderman moved that the petition be referred to the city Manager for proper proceedings. Seconded by Council Member Farrell. 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 Clahns and Receipts for month of March, 1981, ~resented and read. Council Member Felderman moved that the proof of publication be recaiv- 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. Petition of Swiss Valley Farms, Hlildale Division, requesting to vacate the 30 foot wide Garnet St. From Cen- tral Ave. to Jackson St., presented and read. Council Member Felderman moved that the petition be referred to the City Manager for proper proceedings. Seconded by Council Member Farrell. Carried by the following vote: Yeas--Mayor King, Council Mem- Special Session, May 15,1981 159 158 Regular Session, May 4, 1981 bets Brady, Farrell, Felderman, Pratt. Nays--None. Petition of Mrs. James Lange et al (10 signers), ail residents of Liberty St., requesting the City to provide water and sewer services to their area, presented and read. Council Member Felderman moved that the petition be referred to the City Manager for investigation and report. Seconded by Council Member Farrell. Carried by the following vote: Yeas--Mayor King, Council Members Brady, Farrell, Felderman, Pratt. Nays*None. Communication of City Manager submitting status report on George Connelly property at 1750 Miller Road, presented and read. Council Member Felderman moved that this matter be carried over to the meeting of May 18, 1981. Seconded by council Member Farrell. Carried by the following vote: Yeas--Mayor King, Council Mem- bets Brady, Farre]l, Felderman, Pratt. Nays--None. There being no further business Council Member Farrell moved to ad- journ the meeting. Seconded by Coun- cll Member Pratt. Carried by the following vote: Yeas--Mayor King; Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Mary A. Davis City Clerk Approved__ __1981 Adopted _ ~1981 Council Members ATTEST: City Clerk CITY COUNCIL OFFICIAL Special Session, May 15, 1981. Council Met at 4:30 P.M. (C.D.T.) Present--Mayor King, Council Members Brady, Farreil, Pratt. City Manager W. Kenneth Gearhart, City Solicitor Barry A. Lindahl. Absent--Council Member Felder~ man, Corporation Counsel R.N. Rueao. Also Present--Board of Supervisor Chairperson, Donna Smith and Super- visor Lloyd Hayes. Absent--Supervisor Bahl. Mayor King read the call and stated that service thereof had been duly made and this Meeting is called for the purpose to Conduct a Joint Meeting with the County Board of Supervisors to Duscuss the Hyde-Electric Dam and acting upon such other business which may come before the Council. Chairperson Smith advised the City Council that they had received an opi- nion from the State Attorney General's Office stating that the Coun- ty does not have the capacity to sign an application for permit for lock & Dam Number # 11 on the Mississippi River. Federal Attorney has been con- suited and Supervisors are here to seek thoughts of the City. Communication of City Solicitor Lindahl, submitting Legal Opinion regarding City ability to sign applica- tion for permit, presented and read. Council Member Pratt moved that the communication be received and fil- ed. Seconded by Council Member Farrell. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farreli, Pratt. Nays--None. Absent--Council Member Folderman. City Solicitor Lindahl spoke to the opinion in reference to Chapter 28E "Joint Exercise Powers" from the 1981 Code of Iowa. Council Member Pratt questioned if we qualify, what is our (City) role? Chairperson Smith ad- vised the first step would be to com- plete feasibility study and seek assistance with grants and loans. Chairperson Smith advised the deadline for making application was Monday, May 18, 1981; They can withdraw appllcatinn before contract is awarded. Mayor King was of opinion that City Staff can not take up time for application or they must drop other plans required of them. Chairperson Smith advised that City Staff would not have to be involv- ed; Request City to Maintain County Engineer Charles Baule as agent; Would have to rely upon assistance from consultants; Recommend to hire Stanley Engineers for consultation. Duane Kexel of Stanley Engineering advised that the needs must be em- phazised - Must apply now - Can not at a later date - No loss position by par- ticipation - If City to buy power later, must be a participant to display pur- chase - Become Project Participant -No guidelines are needed; County has funding ability and Municipality has legal ability. Chairperson Smith advised necessities at this is to get a permit application in by Monday; County to )ass resolution to convey to City; City pass resolution indicating willing to become project applicant; County to pass a resolution wiiling to commit funding for project. Council Member Pratt was of opi- nion we can't conceive Staff to have time to assist in feasibility study; Staff still has other projects; Can't see City Staff willing to assist in matter. Chairperson Smith expressed ap- preciation, on behalf of Board of Supervisors, for time taken by Council due to lateness of receipt of Attorney General's opinion. Council Member Farrell moved that the City Council NOT to enter into application for a preliminary permit for Lock & Dam number#11 on MississippiRiver. Seconded by Council Member Brady. Carried by the follow- ing vote: Yeas--Council Members Brady, Farreil, Pratt. Nays--Mayor King. Abeent--Councfl Member Felderman. There being no further business, Council Member Brady moved to adjourn. Seconded by Council Member Farreil. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Pratt. Nays--None. Absent Council Member Felderman. Mary A. Davis City Clerk 160 Approved __ Adopted _ Regular Session, May 15, 1981 Council Members ATTEST: City Clerk __1981 1981 Special Session, May 18, 1981 161 CITY COUNCIL OFFICIAL Special Session, May 18, 1981 Council Met a 7:30 P.M. (C.D.T.) Present--Mayor King, Council Members Brady, Farrell, Felderman, Pratt, City Manager W. Kenneth Gearhart, Corporation Counsel R.N. Russo. Mayor King read the call and stated that service thereof had been duly made and this meeting is called for the purpose to conduct a Public Hearing on the Plan for establishment of an Ur- ban Revitalization Area in the Washington Street Area and acting upon such other business which may come before the Council. PROCLAMATION: May 21, 1981 as "Urban Corn Boy Planting Day" received by Dr. Kent HiHary. Council Member Pratt moved to sus- pend the rules to let anyone present address the Council if they so desire. Seconded by Council Member Farreli. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farreil, Felderman, Pratt. Nays--None. Proof of publication, certified to by the Publisher, of Notice of Public Hearing, on the plan for the establish- ment of an Urban Revitalization Area in the Washington Street Area, presented and read. No written objections were received and no oral objectors were present at the time set for the Hearing. Council Member Felderman moved that the proof of publication be received and fil- ed. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farreli, Felderman, Pratt. Nays~None. Communication of Community Development Director, certifying notices were sent by mail to ali owners of record and tenants of property pro- posed for inclusion in the revitalization area, presented and read. Council Member Felderman moved that the communication be received and filed. Seconded by Council Member Pratt. Carried by the follow- ing vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Communication of Community Development Director, certifying notices were sent by mail to ail owners of record and tenants of property pro. posed for inclusion in the revitalization area, presented and read. Council Member Felderman moved that the communication be received and flied. Seconded by Council Member Pratt. Carried by the follow- ing vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Communication of City Manager submitting status of proceedings for designation of a Washington Street Revitalization Area, presented and read. Council Member Felderman moved that the communication be received and filed. Seconded by Council Member Pratt. Carried by the follow- ing vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Council Member Farrell moved that they accept Staff's recommendation to establish Washington Street Revitalization Area by deleting Block area. Seconded by Council Member Felderman. 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 Public Hearing to reclassify portion of "Powers Irish Plateau" from R-5 Multi-Family Residential District and R-2 Single Family Residential District to C-2 Local Service Commercial District, Presented and read. No written objections were received and no oral objectors were 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 the following vote: Yeas--Mayor King, Council Mem- bets Brady, Farrell, Felderman, Pratt. Nays--None. ORDINANCE NO. 21-81 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 LOT 2 AND LOT 3 OF "POWERS IRISH PLATEAU" IN THE CITY OF Special Session, May 18, 1981 163 162 DUBUQUE, IOWA, FROM R-5 MULTI-FAMILY RESIDENTIAL DISTRICT AND R-2 SINGLE FAMI- LY RESIDENTIAL DISTRICT CLASSIFICATION TO C-2 LOCAL SERVICE COMMERCIAL DIS- TRICT CLASSIFICATION, SAID ORDINANCE HAVING BEEN PRESENTED AND READ AT THE COUNCIL MEETING OF APRIL 20, 1981. PRESENTED FOR FINAL ADOPTION. ORDINANCE NO. 21-81 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 HEREINAFTER DESCRIBED PRO- PERTY FORM R.5 MULTI-FAMILY RESIDENTIAL DISTRICT AND R-2 SINGLE FAMILY RESIDENTIAL DISTRICT CLASSIFICATION ~T(} C-2 LOCAL SERVICE coMMEI{- C1AL DISTRICT CLASSIFICA' TION. [ NOW, THEREFORE, BE IT OR- [ DAINED BY THE CITY COUNCIL ! OF THE CITY OF DUBUQUE, ! IOWA: Section 1. That the Code of O~ dinances of the City of Dubuque, Iowa, be amended by revising Appendix A thereof, also known as the "Zoning 0~' dinance and Zoning Map of the City of Dubuque, Iowa", to reclassify hereinafter described property from R-5 Multi-Family Residential Diztrict classification and R-2 Single Family Residential District classification to C.2 Local Service Commercial District classification to wi~' Lot 2 and Lot 3 of "Powers Irish Plateau " in the City of Dubuque, lowa Section 2. That the foregoing amend- ment has heretofore been approved by the planning and Zoning Commission of the City of Dubuque, Ioww Passed, Adopted and Approved this 18th day of May, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 26th day of May, 1981. Mary A. Davis City Clerk It 5/26 Special Session, May 18,1981 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. Proof of Publication, certified to by the Publisher, of Notice of Public Hearing to reclassify property at 1402 White St. From OR-1 Office/Residen- tial District to C-4 General Commer- cial District Classification, Presented and read. No written objections were received and no oral objectors were present at the time set for th~ Hearing. Council Member Felderman moved that the proof of publication be received and filed. Seconded by Council Member Farrell. Carried by the following vote: yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays --None. ORDINANCE NO.22-81 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 THE SOUTH 62.4 FEET OF SOUTH 215 OF CITY LOT 483 IN THE CITY OF DUBUQUE, IOWA, SAID PROPER- TY LOCATED AT 1402 WHITE STREET, FROM OR-1 OFFICE/ RESIDENTIAL DISTRICT CLASSIFICATION TO C-4 GENERAL COMMERCIAL DISTRICT CLASSIFICATION, SAID ORDINANCE HAVING BEEN PRESENTED AND READ AT THE MEETING OF APRIL 20TH, 1981, presented fo~ final adoption. ORDINANCE NO. 22-81 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING THAT THE CODE OF OR- DINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVIS- lNG APPENDIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", BY RECLASSIFYING HEREINAFTER DESCRIBED PRO- PERTY AT 1402 WHITE STREET FROM OR-1 OFFICE/RESIDEN- TIAL DISTRICT CLASSIFICA- ['ION TO C-4 GENERAL COMMER- CiAL DISTRICT CLASSIFICA- 'ION. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of dinances of the City of Dubuque, Iowa, be amended by revising Appendix A thereof, also known as the "Zoning 0~. dinance and Zoning Map of the City of Dubuque, Iowa", to reclassify hereinafter described property from "OR-1 Office/Residential District" classification to "C-4 General Cominco, cial District" classification, to wit: South 62.4 feet of south 2/5 of City Lot 4~? in the City of Dubuque, Iowa Section 2. That the foregoing amend- ment has heretofore been approved by the Planning and Zoning Commission of the City of Dubuque lowa Passed, adopted and approved this 18th day of May, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 26th day of May, 1981. Mary A. Davis City Clerk It 5/26 Council Member Felderman moved final adoption of the Ordinance. Seconded by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Feldernmn, Pratt. Nays--None. Proof of publication, certified to by the Publisher, of Notice of Public Hearing, to amend Zoning Ordinance to aliow animal hospitals and clinics as a conditional use in a C-2 Commercial District and as permitted use in a C-3 and C-4 Commercial Districts provid- ed that all operations and activities are conducted within a completely enclosed buffding, presented and read. No written objections were received and no ora] objectors were present at the time sot for the Hearing. Council Member Farrell moved that the proof of publication be received and filed. Seconded by Council Member Pratt Carried by the follow- ing vote: Yeas--Mayor King, Council Mem- bets Brady, Farrell, Felderman, Pratt. Nays--None. ORDINANCE NO. 23-81 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF OR- DINANCES OF THE CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPENDIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZON- lNG MAP OF THE CITY OF DUBU- QUE, IOWA" BY ENACTING NEW SECTIONS 4-113.4, 2}; 4-114.2, 17); 4-115.2, 7) OF ARTICLE IV THEREOF, TO INCLUDE ANIMAL HOSPITALS AND ANIMAL CLINICS AS CONDITIONAL USES IN C-2 LOCAL SERVICE COMMER- CIAL DISTRICTS AND AS PER- MITTED USES IN C-3 ARTERIAL BUSINESS COMMERICAL DISTRICTS AND C-4 GENERAL COMMERCIAL DISTRICTS, said Ordinance having been presented and read at the meeting of April 20, 1981, presented for final adoption. ORDINANCE NO. 23-81 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF OR- DINANCES OF THE CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPENDIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZON- lNG MAP OF THE CITY OF DUBU- QUE, IOWA", BY ENACTING NEW SECTIONS 4-113.4, 2); 4-114.2, 17); 4-115.2, 7), OF ARTICLE IV THEREOF, TO INCLUDE ANIMAL HOSPITALS AND ANIMAL CLINICS AS CONDITIONAL USES IN C-2 LOCAL SERVICE COMMER- CIAL DISTRICTS AND AS PER- MITTED USES IN C-3 ARTERIAL BUSINESS COMMERCIAL DISTRICTS AND C-4 GENERAL COMMERCIAL DISTRICTS NOW, THEREFORE, BE IT OR- DAINED 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 "Zon- ing Ordinance and Zoning Map of the City of Dubuque, lowa", by enacting a new Section 4.113.4, 2), of Article IV, as follows: 4-113.4, "2) Animal hospitals and animal clinics, provided that ail opera~ tions and activities shall be conducted and maintained within completely enclosed buildings" Section 2. That the Code of Ordinances of the City of Dubuque, Iowa, be amended by revising Appen- dix A thereof, also known as the "Zon- lng Ordinance and Zoning Map of the ~fty of Dubuque, Iowa", by enacting a 164 new Section 4-114.2, 17) of Articlo IV as follows: 4-114.2, "17) Animal hospitals and animal clinics, provided that all opera- tions and activities shall be conducted and maintained within completely enclosed buildings" Section 3. That the Code of Ordinances of the City of Dubuque, Iowa, be amended by revising Appen~ dix A thereof~ also known as the "Zon~ lng Ordinance and Zoning Map of the City of Dubuque, lowa ", by enacting a new Section 4-115.2 7), Article IV, as follows: 4-115.2, "7) Animal hospitals and animal clinics, provided that all opera- tions and activities shall be conducted and maintained within completely enclosed bu Idmgs Section 4. That the foregoing amend- ment has heretofore been approved by the Planning and Zoning Commission of the City of Dubuque, Iow~ Passed, approved and adopted this 18th day of May, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 26th day of May, 1981. Mary A. Davis City Clerk i t 5/26 Council Member Farrell 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 to provide for more flexibility in Building Location and Arrangement within the Final Development Plan of Planned Unit Development District, presented and read. No written objections were received and no oral objectors were present at the time set for the Hearing· Council Member Farreli moved that the proof of publication be received and filed· Seconded by Council Member Pratt. Carried by the follow- ing vote: Yeas--Mayor King, Council Mem- bers Brady, Farreli, Felderman, Pratt. Nays--None. ORDINANCE NO. 24-81 Special Session, May 18, 1981 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 REPEALING SECTION 4.110.12.4.2 OF ARTICLE IV AND ENACTING A NEW SECTION 4-110.12.4.2 OF ARTICLE IV IN LIEU THEREOF, TO PROVIDE FOR MORE FLEXIBILITY IN BUILDING LOCATION AND AR- RANGEMENT WITHIN THE FINAL DEVELOPMENT PLAN OF PLANNED UNIT DEVELOPMENT, said Ordinance having been presented and read at the meeting of April 20, 1981, presented for final adoption. ORDINANCE NO. 24-81 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF OR- )INANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVIS- lNG APPENDIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", BY REPEALING SECTION 4-110.12.4.2 OF ARTICLE IV AND ENACTING A NEW SECTION 4-110.12.4.2 oF ARTICLE IV IN LIEU THEREOF, TO PROVIDE FOR MORE FLEXIBILITY IN BUILDING LOCATION AND AR- RANGEMENT WITHIN THE FINAL DEVELOPMENT PLAN OF PLANNED UNIT DEVELOPMENT DISTRICTS. NOW, THEREFOI~E, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ow dinances of the City of Dubuque, Iowa, be amended by revising Appendix A thereof, also known as the "Zoning O~ dinance and Zoning Map of the City of Dubuque, Iowa", by repealing Section 4-110.124.2 in lieu thereof as follows: 4-110.12.4.2 Substantial Confor- mance to preliminary Development plan Required. The final development plan for the planned unit development must be in substantial conformance with the ap- proved preliminary dqvelopment plan. A final development shall not be deem- ed to be in substantial conformance with the preliminary development if it: 1. Violates any provision of this O~ dinance or any of the standards and re- quirements of Section 4-110.10; or Special Session, May 18, 1981 165 2. So alters the overall planned unit development design or any significant portion thereof, as to materially change the basic character, function, or appearance of the planned unit development as set forth in the preliminary development plan. Section 2. The foregoing amendment has heretofore been approved by the Planning and Zoning Commission of the City of Dubuque, Iowa. Passed, approved and adopted this 18th day of May, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newepaper this 26th day of May, 1981. Mary A. Davis City Clerk I t 5/26 Couned Member Farrell 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 City Manager subr~tting proposed Ordinance amen- ding Chapter 13 of the Code of Or- dinances by adopting the 1981 edition of the National Electrleal Code, presented and read. Council Member Felderman moved that the communication be received and filed. Seconded by Council Member Farreli. Carried by the follow- lng vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman. Pratt. Nays--None. Communication of Chairman of Elec- trical Examining Board advising that the Ad Hoc Electrical Code Committee recommends that the proposed modifications to Chapter 13 of the Code of Ordinances be accepted and adopted, 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· An Ordinance amending Code of Or- dinances by enacting new Sections to Chapter 13 in lieu thereof pertaining to revising and re-establishing an Elec- trical Code of the City, regulating the practice, materials and fixtures used in the installation, maintenance, exten- sion and alteration for wiring, fixtures, appliances and appurtenances in con- nection with various Electrical Systems within the City providing for the inspection of such work, the is- suance of permits and collection of fees therefore, the examination and registration of electrical contractors, journeyman electricians, maintenance electricians and apprentices and/or helpers and collection of fees therefore and providing for penalties for viola- tion of said Ordinances, 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 Farreli. 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 received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Farrell. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt· Nays--None. Council Member Felderman moved that a Public Hearing be held on the Ordinance on June 1. 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 required by law. Seconded by Council Member Farreli. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt· Nays--None. Communication of City Manager submitting Ordinances changing con- flicting street names within the City of Dubuque, presented and read. Council Member Pratt moved that the communication be received and ill- ed. Seconded by Council Member Far- reli. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt· Nays--None. An Ordinance of the City of Dubu- que changing the name of Orchard Street to Center Grove Drive in the City of Dubuque, 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 Farreil. Carried 166 Special Session, May 18, 1981 by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Council Member Pratt moved that the rnie requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Farreli. Carried 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 Or- dinance on June 1, 1981 in the Council Chamber at the City Hail and that the City Clerk be instructed to publish notice of the Hearing in the manner re- quired by law. Seconded by Council Member Farrell. Carried by the follow- ing vote: Yeas--Mayor King, Council Mem- bers Brady, Farreli, Felderman, Pratt. Nays--None. An Ordinance of the City of Dubu- que, Iowa, Changing the name of Car- rie Drive to Cora Drive, in Sunset Park Subd. No. 4 in the City of Dubuque, 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 received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member FarrelL Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Council Member Pratt moved that a Public Hearing be held on the Or. dinance on June 1, 1981 at 7:30 p.m. in the Council Chamber at the City Hall and that the City Clerk be L~structed to publish notice of the Hearing in the manner required by law. Seconded by Council Member Farrell. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. An Ordinance changing the name of Mercer Drive, also known as Division Street, to Wacker Drive in the City of Dubuque, 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 Farreil. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farreli, Felderman, Pratt. Nays--None. Council Member Pratt moved that the rule requiring an Ordinance to be received and filed at two meetings ,r 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 Pratt moved that a Public Hearing be held on the Or- dinance on June 1, 1981, at 7:30 p.m. in the Council Chamber at the City Hail and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Seconded by Council Member Farrell. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Communication of P & Z submitting Ordinances pertaining to adjustment of fees within the Zoning Ordinance and Subdivision P~egulatinns Fee Schedule, presented and read. Council Member Farrell moved that :ommunication be received and fil- ed. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bors Brady, Farreli, Felderman, Pratt. Nays--None. An Ordinance amending Zoning Or- dinance by enacting a new Section 10-101 Table r10-101 Schedule of Fees of Article X in lieu thereof, providing for the revision of Application Fees, presented and read. Council Member Farrell moved that the 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- bors Brady, Farreil, Felderman, Pratt. Nays--None. Council Member Farreil moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Pratt. Carried by the following vote: Special Session, May 18, 1981 167 Yees--Mayor King, Council Mem- bers Brady, Farreil, Felderman, Pratt. Nays--None. Council Member Farreli moved that a Public Hearing be held on the Or- dinance on June 15, 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 required by law, Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Prat~t. Nays--None. An Ordinance amending Code of Or- dinances by revising Chapter 34 thereof by enacting a new Section 34-19 of Article II thereof, to include a Fee Schedule for Subdivision Plat Review, presented and read. Council Member Farreil moved that the 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, Farrell, Felderman, Pratt. Nays--None. Council Member Farreli moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bors Brady, Farreli, Felderman, Pratt. Nays--None. Council Member Farreil moved that a Public Hearing be held on the Or- dinance on June 15, 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 required by law. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farreli, Felderman, Pratt. Nays--None. Petition of Mike Steve requesting to address the Council regarding an ap~ peal before the Plumbing Board, presented and read. Mr. Steve addressed the Council, providing additional clarification to Ms Petition. Mr. James Davis of 3409 Meggen Drive, spoke in support of Mr. Steve. Council Member Farreil moved that the petition be referred to the City Manager for response back within two weeks. Seconded by Council Member Felderman. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farreil, Felderman, Pratt. Nays--None. Petition of Jaycees requesting to sponsor a July 4th Fireworks Display at Vet's Park, presented and read Council Member Felderman moved that the request be approved, subject to coordination of the City Manager. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farreil, Felderman, Pratt. Nays--None. Communication of City Manager submitting recommendations for revised speed limits on arterial and major collector streets in the City, presented and read. Council Member Felderman moved that the communication be received and filed. Seconded by Council Member Pratt. Carried by the follow- ing vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Petition of Marflee Harrmann objec- ting to increased speed limits propos- ed for Pennsylvania Avenue, presented and read. Mrs. Harrmann spoke to the peti- tion and distributed further specific in- formation as to amount of time re- quired to stop at the higher speed l/mit, etc. 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, Farreil, Felderman, Pratt. Nays--None. Report submitted by Scott Terhune submitting figures concerning increas- ed speed limits as to stop and distance to get to another area, presented and read~. Council Member Felderman moved that the report be received and filed. Seconded by Council Member Pratt, Carried by the following vote: Yeas--Mayor King, Council Mem- bets Brady, Farreli, Felderman, Pratt. Nays--None. An Ordinance amending Code of Or- dinances by revising Subsection {c) of Section 25-220 of said Code providing that when signs are erected giving notice thereof, the lawful speed on various streets and/or portions thereof shall be as designated, presented and 188 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, Farreil, Felderman, Pratt. Nays--None. Council Member Felderman moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farreil, Felderman, Pratt. Nays--None. Council Member Felderman moved that a Public Hearing be held on the Ordinance on June 15, 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 required by law. Seconded by Council Member Pratt. Carried by the fullowing vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Communication of City Manager submitting Ordinance to allow for ad- dition or removal of THROUGH STEEETS based on selected criteria, presented and read. Council Member Pratt moved that the communication be received and fil- ed. Seconded by Council Member Felderman. Carried by the following Yeas--Mayor King, Council Mem- bers Brady, Farrell, Feiderman, Pratt. Nays--None. ORDINANCE NO. 25-81 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF OR- DINANCES CITY OF DUBUQUE, IOWA, BE AMENDED BY ADDING THE STREETS LISTED HEREIN TO SUBSECTION (b) OF SECTION 25-209 OF SAID CODE PROVIDING THAT WHEN SIGNS ARE ERECTED GIVING NOTICE THEREOF, DRIVERS OF VEHICLES SHALL STOP AT EVERY INTERSECTION BEFORE ENTERING ANY OF THE FOLLOWING STREETS WHICH ARE DESIGNATED AS THROUGH STREETS, presented and read. Council Member Pratt moved that the reading just had be considered the first reading of the Ordinance. Second- Special Session, May 18, 1981 ed by Council Member Felderman. Carried by the following vote: Yeas--Mayor King, Council Mem- bets Brady, Farrell, Felderman, Pratt. Nays--None. Council Member Pratt moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Felderman. Car- ried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. ORDINANCE NO. 25-81 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF OR- DINANCES, CITY OF DUBUQUE, IOWA BE AMENDED BY ADDING THE STREETS LISTED HEREIN TO SUBSECTION lb) OF SECTION 25-209 OF SAID CODE PROVIDING THAT WHEN SIGNS ARE ERECTED GIVING NOTICE THEREOF, DRIVERS OF VEHICLES SHALL STOP AT EVERY INTERSECTION BEFORE ENTERING ANY OF THE FOLLOWING STREETS WHICH ARE DESIGNATED AS THROUGH STREETS. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the Code of O~ dinanees of the Ci~y of Dubuque, Iowa, be amended by adding the streets listed herein to Subsection (b) of Sec- tion 25.209, to read as follows: Section 25-209 (b) When signs are erected giving notice thereof, drivers of vehicles shall stop at every iptersection before ento~ ing any of thi following streets which are designated as through streets. Bryant Stree~ from the north prope~ ty line of Grandvlaw Avenue to the south property line of Dodge Street Clarke Drive, from the west property line of North Main Street to the north . line of West Locust Streqt. Fremont Avenue, from the south line of Dodge Street to the ~ line of Simpson Street, and from the north property line of Wartburg Place to its westerly to~ minus at the civy limits. West Locust Street, from its june- tion with Locust Street to the east pro- perry line of Grandview Avenue. Peru Road, from its junction with East $2nd Street to its northerly Special Session, May 18, 1981 169 minus at the city limits. Eadford Road, from its southerly te~ minus at the city limits to Penn- sylvania Avenue, and from Penn- sylvania Avenue to its northerly teb minus at the city limits. Section 2. That all ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. Passed, adopted and approved this 18th day of May, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 26th day of May, 1981. Mary A. Davis City Clerk I t 5/26 Council Member Pratt moved final adoption of the Ordinance. Seconded by Council Member Felderman. Car- ried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farreil, Felderman, Pratt. Nays--None. Proof of publication, certified to by the Publisher, of Notice of Contractors of the Receipt of Proposals for the con- struction of the City of Dubuque 1981 Asphalt Paving 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- ing vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Communication of City Manager ad- vising of receipt of bids and recom- mending that the paving of West Locust Street from 14th to 18th Street and a portion of Hawthorne Street Boat Launching Ramp be eliminated from the Program, presented and read. Council Member Felderman moved that the communication be received and filed. Seconded by Council Member Farrell. Carried by the follow- ing vote: Yeas--Mayor King, Council Mem- bets Brady, Farrell, Felderman, Pratt. Nays--None. RESOLUTION NO. 123-81 Resolution amending Resolution No. 70-81. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That Resolution No. 70-81 being the Resolution of Necessity for the City of Dubuque 1981 Asphalt Pay- lng Project be and the same is hereby amended by deleting the following po~ tions of the following streets named therefrom: West Locust Street.resurfacing irom Sixteenth Street to Loras Bird. Passed, adopted and approved this 18th day of May, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Felderman moved adoption of the Resointion. Seconded by Council Member Farreil. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. (Awarding Contract) RESOLUTION NO. 124-81 WHEREAS, sealed proposals have been submitted by contractors for the City of Dubuque 1981 Asphalt Paving Project No. 1 pursuant to Resolution No. 99-81 and notice to bidders published in a newspaper in said City on April 24, 1981; and WHEREAS, said sealed proposals were opened and read on May 8, 1981, and it has been determined that the bid of Tschlggfrie Excavating of Dubuque, Iowa in the amount of $257,889.53 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 RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned ~mprovement be awarded to Tschig- gfrie Excavating and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubu- que in an amount not to exceed $244,375.78. BE IT FURTHER RESOLVED, that upon the signing of said contract and the approval of the contractors bond the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed and adopted this 18th day of May, 1981. D. Michael King Mayor 170 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, Farreil, Felderman, Pratt. Nays--None. Communication of City Manager recommending approval of an agree- merit with the State Health Depart- ment to provide "Pass-Through Funds" to the Visiting Nurse Assecia- tion and Project Concern and authoriz- ing Mayor to sign said agreement, presented and read. Council Member Fciderman moved that the communication be received and filed and the Mayor be authorized to sign agreement. Seconded by Coun- cil Member Brady. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Communication of P & Z approving final plat of "Peter Kalb Place" located at corner of 15th Street and Central Avenue, presented and read. Council Member Felderman moved that the communication be received and filed. Seconded by Council Member Pratt. Carried by the follow- lng vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. RESOLUTION NO. 125-81 A Resolution approving the plat of the Subdivision of "Peter Kalb Place" in the City of Dubuque, Iowa. WHEREAS, there has been filed with the City Clerk a plat of the Sub- division of "Peter Kalb Place" in the City of Dubuque, Iowa; and WHEREAS, said plat has been ex- amined by the City Planning and Zon- ing Commission and had its approval endorsed thereon; and WHEREAS, said plat has been ex- amined by the City Planning and Zon- ing Commission and had its approval endorsed thereon; and NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat of the Sub- Specisl Session, May 18, 1981 division of "Peter Ealb place" in the City of Dubuque, Iowa be and the same is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said plat. Passed. adopted and approved this 18th day of May. 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Felderman moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farreli, Felderman, Pratt, Nays--None. Communication of P & Z approving final plat of "Tamerack S.E." located in the County northwest of the inter- change of Highways 151 and 61, presented 'and read. Council Member Felderman moved that the communication be received and filed. Seconded by Council Member Pratt. Carried by the follow- lng vote: Yeas--Mayor King, Council Mem- bets Brady, Farmil, Fciderman, Pratt. Nays--None. RESOLUTION NO. 126-81 Resolution approving plat of the Sub- division of "Tamarack SE" Dubuque County, Iowa. WHEREAS, there has been ~ed with the City Clerk a plat o£ the Sub- division of "Tamarack SE" in Dubu- que County, Iowa; and WHEREAS, said plat has been ex~ stained by the City Planning and Zon- ing Commission and they find that the same conforms to the statutes and or- dinances relating thereto, except that the lots front upon a private street; and WHEREAS, said plat has been ap- proved by the City Planning and Zon- lng Commission on the condition that all road improvements are to be con- structed according to City Engineer's specifications; and WHEREAS, said plat has been ex- amined by the City Council and they find the same conforms to the statutes and ordinances relating thereto; and WHEREAS, the City Council con- Special Session, May 18, 1981 171 curs in the condition of approval established by the City Planning and Zoning Commission; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the above-described plat be and the same is hereby approv- ed and the Mayor and Clerk be and are hereby authorized and directed to en- dorse the approval of the City of Dubu- que upon said plug provided that the owner of said property shall execute a written acceptance hereto attached, acknowledging and agreeing: a) All read improvements are to be constructed according to City Engineer's specifications. Section 2. That in the event the owner fails to execute the Acceptance provided for in Section I herein within forty-five (45) days after the date of this Resolution, the provisions herein shall be null and void and the approval of the Plat shall not be effective. Passed, Adopted and Approved this 18 day of May, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk ACCEPTANCE OF RESOLUTION NO. 126-81 WE, THE UNDERSIGNED JON D. LUCKSTEAD AND BETTY L. LUCKSTEAD, AND JOHN F. BIECHLER AND AGNETTA BIECHLER, HAVING READ THE TERMS AND CONDITIONS OF THE FOREGOING RESOLUTION NO. 126-81 AND BEING FAMILIAR WITH THE CONDITION THEREOF, HEREBY ACCEPT THE SAME AND AGREE TO THE CON- DITION REQUIRED THEREIN. Dated at Dubuque, Iowa this 21 day of May, 1981. Jon D. Luckstead Betty L. Lucksteod John F. Biechler Agnetta Biechier Council Member Feldernmn moved adoption of the Resoluiton. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farreil, Felderman, Pratt. Nays--None. An Ordinance of the City of Dubu~ gne, Iowa, Providing that the Code of Ordinances of the City of Dubuque, Iowa be Amended by Repealing Chapter 31 of Said Code and Enacting a New Chapter 31 in lieu thereof pro- hibiting impersonating an Officer, Refusing Admittance to Officers; Pro- hibiting Use of Police Whistle; and Regulating Burglary and Robbery Alarm Permits; Providing for Burglary and Robbery Systems; and Providing for Service Charge for Police Response to False Alarms, presented and read. Council Member Pratt moved that this reading be considered the second reading of the Ordinance. Seconded by Council Member Brady. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farreil, Felderman, Pratt. Nays--None. Communication of City Mgr. sub- mitring Status Roport on Conneily Property at 1750 Miller Road presented and read. Council Member Felderman moved that the communication be received and filed. Seconded by Council Member Pratt. Carried by the foilow- hig vote: Yeas--Mayor King, Council Mem- bers 'Brady, Farreli, Felderman, Pratt. Nays--None. Communication of City Mgr. re- questing to further delay action on demolition of George Connelly proper- ty at 1750 Miller Rd., presented and read. Council Member Felderman moved that the communication be received and filed and deferred to June 1, 1981. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farreil, Felderman, Pratt. Nays--None. Communication of City Mgr. recom- mending preliminary approval of vacating the 30 foot wide Garnet Street from Central Ave. to Jackson St. as requested by Swiss Valley Farms d/b/a Hilldale Division at the Council Meeting of May 4, 1981, presented and read. Council Member Felderman moved that the communication be amended to include: "at Petitioner's expense" and that it be received and filed and given preliminary approval and refer- 172 red to City Mgr. and staff for proper proceedings. Seconded by Council Member Pratt. Carried by the follow- lng vote: Yeas--Mayor King, Council Mem- bers Brady, Farreil, Felderman, Pratt. Nays--None. Communication of Betty Sacco ad- vising of not seeking reappolntment to the P & Z Commission, presented and read. Council Member Brady moved that the communication be received and fil- ed and accepted with regrets. Second- ed by Council Member Farreil. Carried by the following vote: Yeas--Mayor King, Council Members Brady, Farreil, Pratt. Nays--None. Council Member Brady moved that Kerln Moldenhauer be appointed to the P & Z Commission. MOTION DIED FOR LACK OF A SECOND. Council Member Farreil moved that Katie Krieg be appointed to the P & Z Commission. Seconded by Council Member Brady. NO VOTE TAKEN ON THE MO- TION. Council Member Felderman moved that appointments to the P & Z Com- mission be tabled. Seconded by Coun- cil Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Felderman, Pratt. Nays--Council Member Brady, Farreil. Council Member Brady moved that applications be closed for appoint- ments to the P & Z Connnission. Seconded by Council Member Farreil. Carried by the following vote: Yeas--Mayor King,Council Mem- hers Brady, Farreil, Felderman, Pratt. Nays--None. RESOLUTION NO. 127-81 BE IT RESOLVED by the City Couned of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigarette within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. NAMES and ADDRESSES: Allen C. Tressel 2528 Central Ave. Aragon Tap 1103 Iowa Street Bar X Supper Club 2616 Windsor Ave. SpeclalSession, May18,1981 Canfield Hotel Inc. 36 West 4th Street Copper Kettle 2987 Jackson Street Country Pride Inn 504 Central Avenue Denny's Lux Club 3050 Asbury Road Dubuque Packing Company 701 East 16th Street Family Beer Store 25 Ruby SWeet John F. Hail 31 Locust Street Jackson St. IOCO 1998 Jackson Street Johnny's Tap & Grill 760 E. 16th Street Junnie's Lounge Ltd 2095 Kerper Blvd. Dan Kruse Pontiac, Inc. 600 Century Drive Lucky Stores (Eagle's) 1800 Elm Street Lucky Stores (Eagle's) 2050 John F. Kennedy Road Lucky Stores (Eagle's) 200 S. Locust Street Miracle Car Wash, Inc. 255 LocUst Street Palmer Drug 2600 Dodge Street Riverside Bowl 1860 Hawthorne Street Ruegnitz Drug Store 629 Rhomberg Avenue University IOCO # 3 2301 University Avenue Ron's Barreil Tap 1121 University Avenue Save-U-More 3333 Asbury Road Silver stall~on Lounge 32nd & Jackson Toni'S Cafe 2372 Central Avenue Passed, Adopted and Approved this 18th day of May, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Felderman moved adoption of the Resolution. Seconded by Council Members Farrell. Carried by the following vote:, Yeas--Mayor King, Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Special Session, May 18, 1981 173 RESOLUTION NO. 128-81 WHEREAS, Applications for Beer Permits have been submitted and flied 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 RESOLVED, 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 "B" BEER PERMIT Ressurrection Men's Service Club McAleece Fields (Also Sunday Saies) CLASS "C" BEER PERMIT Walgreen Co. 555 J.F. Kennedy Rd. (Also Sunday Sales) Beecher Co., Inc, 2399 White St. (Also Sunday Sales) Beecher Co., Inc. 1691 Ashury Rd. IAlso Sunday Sales) Passed, Adopted and Approved this 18th day of May 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. RESOLUTION NO. 129-81 WHEREAS, Applications for Liquor Licenses have been submitted 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 State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RESOLVED, By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap- plicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE 1933 lnc. 225 West 6th St. (Also Sunday Sales) Neeleon E. and Mary L. Ness 3201 Jackson St. Kathleen M. Waish 2093 Washington St. Paul G. and Anne E. Hansen and John and Mary Werke (Sunday Sales Only) 1630 E. 16th St. T F M Co. 1220 lows St. (Sunday Sales Only) Beverly A. Larsen 3050 Asbury Rd. (Also Sunday Sales) Passed, Adopted and Approved this 18th day of May 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Felderman moved adoption of the Resolution. Seconded by Council Member Farreli. Carried by the following vote: Yeas--Mayor King. Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Application from The Bistro re- questing to transfer Liquor License from 951 Main Street to Town Clock Plaza 7th St. on June 6th and 7th for DubuqueFest Days, presented and read. Council Member Felderman moved that the request be approved. Second- ed by Council Member Farreli. Carried by the renewing vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell. Felderman, Pratt. Nays--None. MINUTES SUBMITTED: Cable TV Commission of 5-4; Civil Service Comm. of 3-18; Carnegie Stout Public Library of 4-9, 5-1, & 4-30; Five Flags Comm. of 4-20; P & Z of 4-15; Playground & Recreation Comm. of 4-13; Plumbing Bd. of 4-23; Transit Bd. of 4-12; P & Z of 5-6; Park Bal. of 4-10;, presented and read. Council Member Felderman moved that the minutes be received and filed. Seconded by Council Member Pratt. 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 application for the Community Development Block Brant is on file at various loca- tions, presented and read. 174 Council Member Felderman moved that the proof of pubhcation be receiv- ed and filed. Seconded by Council Member Pratt. Carried by the follow- ing vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman. Pratt. Nays--None. Communication of Peoples Natural Gas Co. advising of rate increase effec- tive May 1. 1981. presented and read. Council Member Felderman moved that the communication be received and filed, Seconded by Council Member Pratt. Carried by the follow- ing vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Communication of Merchants Mutual Bonding Co. submitting their Ceritficate of Authority and Certifica- tion to transact its appropriate business of Fidelity and Surety In- surance in the State of Iowa expiring May 1, 1982, presented and read. Council Member Felderman moved that the communication be received and filed. Seconded by Council Member Pratt. Carried by the follow- ing vote: Yeas--Mayor King, Conncil Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. NOTICES OF CLAIMS: Allan Jones, in amount of $112.60 for truck damages; Michael J. Budde, in amount of $105 for tire damages, presented and read. Council Member Felderman moved that the claims be referred to the Corp. Counsel for investigation and report. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bets Brady, Farrell, Felderman, Pratt. Nays--None. Communication of Corporation Counsel recommending settlement of Carl R. Reiss claim in the amount of $67.30, 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 Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farren, Felderman, Pratt. Nays--None. Communication of Corporation Counsel recommending denials of Terence D. May tire rim Claim; of false Special Session, May 18, 1981 arrest charges claim of Kenneth L. Moore, Jr.; of false arrest charges claim of David J. Munz; of Personal injuries claim of James Bernal by Mr. & Mrs. Julius Bernal, presented and read. Council Member Felderman moved that the denials be approved. Second- ed by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Communication of Leo M. Unge, County Collector Of Accounts, sub- miting petition for the Suspension of Real Estate Taxes for Gregory C. Sitz- man and Herbert E. Althaus, Jr., due to infirmity and disability and re- questing Council approval, presented and read. Council Member Felderman moved that the communication be received and filed and petition approved. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, FarrelL Felderman. Pratt. Nays--None. There being no further business, Coun- cil Member Felderman moved to ad- journ. Seconded by Council Member Farrell. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Mary A. Davis City Clerk Approved .1981 Adopted 1981 Council Members ATTEST: City Clerk Special Session, May20, 1981 175 CITY COUNCIL OFFICIAL Special Session, May 20, 1981. Council Met at 7:00 P.M. (C.D.T.) Orpheum Room - 5 Flags Civic Center. Present--Mayor King, Council Members Farreil ,Pratt. City Manager W. Kenneth Gearhart, Corporation Counsel R. N. Russo. Absent--Council Members Brady, Felderman. Mayor King called the Meeting to order and advised that this is a Meeting for Public Input regarding redistricting the City of Dubuque into the Ward System. Community Development Director Dan Dittemore and Chuck Vanda, a member of Staff, presented an oral presentation of the Ward Delineation explaining the 3 alternatives as drawn, basically the necessity of following the present established precinct lines and equalizing the population in each ward. Mayor King then opened the Meeting for public input. Mr: Richard Worm, 3555 Hlilcrest Road, voiced support of Alternate No. i as in- dividuals would be able to associate with neighborhood groups: Strongly urged support for Alternate #1 - Of opinion Alternates #2 & #3 would not lend support. Mr. George Freund of 158 Hill St., advised Council he had voted not in favor of Ward System at election time - But now that we have it, we must make it work and make it work well Supports Alternate #1 - Believed it is a workable system because it takes in population, schools, neighborhoods and businesses. Basically you have a Central. North, West and South Wards - Recommended to adopt Alter- nate No. las Ward System. No other citizens wishing to speak to the matter, Mayor King brought the matter back to the Council table. Council Member Farrell stated she concurred with Mr. Worm and Mr. Freund; Was in support of Alternate #1 for same reasons as presented. Of opinion that we znust support Ward System-Felt most comfortable with Map #1. Council Member Pratt moved adop- tion of Alternate Ward Map #1 for the City of Dubuque. Seconded by Council Member Farrell. Carried by the follaw- lng vote: Yeas--Mayor King, Council Mem- bers Farrell, Pratt. Nays--None. Absent--Council Members Brady, Felderman. Mayor King then asked for sugges- tions regarding the numbering to the Wards. Alfred Engling, 1788 Key Way Dr. recommended putting numbers in a hat and drawing from that. George Freund suggested numbering Central District as No.1, South as No.2, West as No.3 and North as No.4. Council Member Pratt requested legal opinion if 2 highest vote getters would be able to take the 4 year term and next 2 vote getters would be for 2 years. Council was so advised that Chapter 376.2 (4) of the 1981 Code of Iowa states "If the Council Members are elected from wards, the council Members elected from odd-numbered wards are elected for four-year terms and the council Members elected from even-numbered wards are elected for two year terms" Following discussion, it was decided to have Sarah Jochum of 2368 Jackson St. pull numbers at randon to establish the numbers for wards. They were pulled in the follow- ing order: Ward A on the Map to be No.3 (North); Ward B on the Map to be No.4 (Central); Ward C on the Map to be No. 1 (South); and Ward D on the Map to be No.2 (West). Council Member Pratt moved that the wards be designated as North Sec- tion as Ward. No.3; Central Section as Ward No.4 and South Section as Ward No.1. and West section as Ward No.2.Seconded by Council Member FarreIl. carried by the following vote: Yeas--Mayor King, Council Mem- bers Farrell, Pratt. Nays--None. Absent--Council Members Brady, Felderman. There being no further business, Council Member Pratt moved to ad- journ. Seconded by Council Member- Farrell. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Farrell, Pratt. Nays--None. Absent--Council Members Brady, Felderman. Mary A. Davis City Clerk Approved .1981 Adopted .1981 176 Council Members ATTEST: City Clerk Special Session May, 20, 1981 Special Session, May 27, 1981 177 CITY COUNCIL OFFICIAL Special Session, May 27, 1981. Council Met at 4:45 P.M. (C.D.T.) Present--Mayor King, Council Members Brady, Farrell, Felderman. City Manager W. Kenneth Gearhart Assistant City Attorney Wm. Blum. Absent--Council Member Pratt Corporation Counsel R.N. Russo. Mayor King read the call and stated that service thereof had been duly made and this Meeting is called for th~ purpose to consider a Resolution authorizing the issuance, execution delivery and sale of $3,000,000. in Ag- gregate Principal Amount of Private College Revenue Bonds (Loras College Project~ Series 1981, of the City of Dubuque, Iowa, and acting upon such other business which may properly come before the Council. RESOLUTION NO. 130-81 Resolution Authorizing the is- suance, execution, delivery and sale of $3,000,000 in Aggregate Principal amount of Private College Revenue Bonds (Loras College Project) Series 1981, oI the City of Dubuque, Iowa, the Execution and Delivery of an Inden- ture of Trust to Secure said Bonds, the Appointment of a Trustee, and the ex- ecution and Delivery of a Loan Agree- ment, a Mortgage and a Security Agreement by and Between the City of Dubuque, Iowa, and Loras College. WHEREAS, the City of Dubuque, Iowa, (the "City"), is authorized by Chapter 419 of the Code of Iowa, 1981, as amended (the "Act"), to issue revenue bonds and loan the proceeds to one or more parties to be used to ac- quire lands and to acquire by construc- tion or purchase, buildings and im- provements thereon and equipment for the use of any private college or university in the City; and WHEREAS, the City has made the necessary arrangements with Loras College (the "College") for the location of a physical education/recreation building on the College's campus in the City (the "Project"~ which will be owned and operated by College and which will increase education oppor- tunities to residents of the City, and result in the alleviation of unemploy- ment, increased employment, substan- rial payrolls and other public benefits flowing therefrom; and WHEREAS, upon the request of the College, the City has agreed to issue its Private College Revenue Bonds (Loras College Project) Series 1981 of the City in the aggregate principal amount of $3,000,000 (the "Bonds"~ as authorized and permitted by the Act to finance the cost of the Project to that amount; and WHEREAS, the City will loan the Proceeds from the sale of the Bonds to the College pursuant to the provisions of a loan Agreement dated as of June 1, 1981, between the City and the Col- lege (the "Loan Agreement"), pur- suant to which the obligations of the College will be sufficient to pay the principal of and interest and premium, if any, on the Bonds as and when the same shall be due; and WHEREAS, for the benefit of the holders from time to time of the Bonds, the City has arranged to ex- ecute and deliver an Indenture of Trust dated June 1, 1981 (the "Inden- ture''), to Jasper County Savings Bank, Newton, Iowa, as Trustee (the "Trustee") and setting forth the terms of the Bonds and the conditions and security for payment of the Bonds; and WHEREAS, arrangements have been made for the sale of the Bonds to Jasper County Savings Bank (the "Purchaser") at a price equal to the principal amount thereof plus accrued interest from June 1, 1981, to the date of delivery upon the terms and condi- tion set forth in the Indenture; and WHEREAS, as additional security for payment of the Bonds, the College has agreed to execute a Mortgage dated June 1, 1981 (the "Mortgage"), to the City pursuant to which the Col- lege grants to the City a first mor- tgage lien in the real property to be financed with the Bond proceeds; and WHEREAS, as further security for payment of the Bonds, the College has agreed to execute a Security Agree- ment dated June 1, 1981 ( the "Securi- ty Agreement"), pursuant to which the College grants to the City a first security lien in the personal property of the College located on and con- stituting a part of the Project; and WHEREAS, the rights and interest of the City in and to the Mortgage, Security Agreement, and Loan Agree- merit will be assigned pursuant to an Assignment Agreement dated June 1, 198I (the "Assignment Agreement"), by the City to the Trustee pursuant to the Indenture; and 178 Special Session, May 27, 1981 WHEREAS, there has been presented to this meeting the follow- ing documents, which the City pro- poses to enter into: 1. The form of Loan Agreement; and 2. The form of Indenture; and 3. The form of the Mortgage; and 4. The form of the Security Agree- ment; and 5. The form of Assignment Agree- ment; and 6. The form of an Inducement and Indemnity Letter dated June 1, 1981 (the "Inducement and Indemnity Let- ter"), between College and the City and the Purchaser; and 7. The form of the Bonds, as set forth in the Indenture; and 8. The form of the Bond Purchase Agreement dated June 1, 1981 {the "Bond Purchase Agreement")~ bet- ween the Purchaser and the City; and WHEREAS, it appears that each of the instruments above referred to. which are now before each of the Coun- cil Members of the City Council, is in appropriate form and is an appropriate instrument for the purposes intended; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, as follows Section 1. That the Bonds in the ag- gregate principal amount of $3,000,000 be and the same are hereby authorized and ordered to be issued by the City. That the Mayor and City Clerk are hereby authorized and directed to ex- ecute and deliver the Bonds. That to provide for the authorization of and to secure said Bonds of the City under the Act to finance the Project and necessary expenses incidental thereto and to prescribe the terms and eondi- tions upon which the Bonds are to be secured, executed, authenticated, ac- cepted and held, the Mayor is hereby authorized and directed to execute and acknowledge the Indenture, and the Clerk is hereby authorized and directed to attest the same and to affix the seal of the City thereto and to cause the Indenture to be delivered to. accepted, executed and acknowledged by the Trustee. That the Indenture, which constitutes and is hereby made part of this authorizing resolution, is to be in substantially the same form and text and is to contain substantiab ly the same provisions as that set forth in the official record of the proceedings of this meeting of the Council It is hereby declared that the official form of the Indentar~ has been heretofore ,roved by the Attorney for the City and given due consideration and ap- proval by this Council Section 2. That the City loan to the College the proceeds of the Bonds pu~ suant to the Loan Agreement. That there be and there is hereby authorized the execution of the Loan agreement in the form and with the contents hereinafter set forth, and the Mayor is hereby authorized and directed to ex- ecute and achnowledge the Loan Agreement, and the Clerk is hereby authorized and directed to attest the same and affix the seal of the City thereto. That the Loan Agreement, which constitutes and is hereby made a part of this authorizing resolution, is to be in substantially the same form and text and is to contain substantial- ly the same provisions as that set forth in the official records of the pro- ceedings hereof It is hereby declared that the official form of the Loan Agreement has been heretofore ap~ the Attorney for the City and given due consideration and ap- proval of this Council. Section 3. That the sale (ff the Bonds to the Purchaser, upon terms equal to the principal amount thereof plus ac- crued interest from June 1, 1981 to date of delivery, be and the same is hereby approved and confirmed. Section 4. That the form and content of the Inducement and Indemnity Let- ter be and the same hereby are authorized, approved and confirmed Mayor be and he is hereby authorized, empowered and directed to accept the Inducement and Indemnity Letter for and on behalf of the City by execution thereof and the Mayor and City Clerk are hereby authorized, em- powered and directed to do all such acts and things and to execute al~ such documents as may~ be necessary to carry out and comPly with the provi- sions of the Inducement and Indemni- ty Letter as executed. Section 5. That the form and content of the Mortgage and the Security Agreement be and the same hereby are authorized, approved and confirmed and the Mayor be and he is hereby authorized, empowered and directed to execute and acknowledge the Mot- tgage and the Security Agreement and the Clerk is hereby authorized and directed to attest the same and affix the seal of the City thereW. Section 6. That Jasper County Sav- ings Bank Newton, Iowa, is hereby ap- pointed to act as Trustee under Inden- ture. Section 7. That the form and content Special Session May, 27, 1981 179 of the Assignment Agreement be and the same are hereby authorized, ap- proved and confirmed and the Mayor be and he is hereby authorized, em- powered and directed to execute and acknowledge the Assignment Agree- ment and the Clerk is hereby authoriz- ed and directed to attest the same and affix the seal of the City thereto. Section 8. That the form and content of the Bond Purchase Agreement be and the same are hereby authorized, approved and confirmed and the Mayor be and hereby is authorized, empowered and directed to execute and deliver the Bond Purchase Agree- Section 9. That the Bonds shah be special limited obligations of City. The Principal of, premium, ff any, and in- terest on the Bonds shall be payable sole- ly out of the revenues derived from the Agreement or otherwise pledged, assign- ed or secured hereunder and are not otherwise an obligation o£ City. The bonds and interest thereon shah never constitute an Indebtedness of City within the meaning of any state Con- stitutional provision or statutory Limitation, and shall not Constitute nor give rise to a pecuniary liability of C~ty or a charge against its general credit or taxing powers. Section 10. That the Mayor and the Clerk are hereby authorized and directed to execute any and all documents and certificates and do any and all things deemed necessary in order to effect the accomplishment of said Projec~ the issuance and sale of the Bonds and the execution and delivery of the Loan Agreement and Indenture of Trust and to carry out the intent and purposes of this resolution. Section 11 That the provisions of this resolution are hereby declared to be separable and if any section, phrase or provision shall for any reason be declared to be invalid, such declaration shall not affect the validity of the re~ mainder of the sections, phrases and provisions. Section 12. That all resolutions and Parts thereof in conflict herewith are hereby repealed, to the extent of such Section 13. That this resolution shall become effective immediately upon its passage and approval Passed and Approved this 27th day of May, 1981. D. Michael King, Mayor ATTEST: Mary A. Davis City Clerk (Seal) Council Member Felderman moved adoption of the Resolution. Seconded by co~,ncil Member Brady. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman. Nays--None. Absent--Council Member Pratt. There being no further business, Council Member Felderman moved to adjourn. Seconded by Council Member Farrell. Carried by the following vote: Yeas--Mayor King, Council Mem- bets Brady, Farrell, Felderman. Nays--None. Absent--Council Member Pratt. Mary A. Davis City Clerk Approved 1981 Adopted __1981 Council Members ATTEST: City Clerk