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