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