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