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1981 December Council ProceedingsSpecial 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, Farreli, Pratt, City Manager W. Kenneth Gearhart, Cor- poration Counsel R. N. Russo. 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- cenence" to Captain Pat Egan and an "Award of Merit" to Detective Gerald Hirsch, commending them on their selfless devotion culminating in the Dodgeviile 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, Farreil, 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- dustrial 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 the follow- 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 Meeting of Dec. 21, 1981. Seconded by Council Member Farreli. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farreil, Pratt. Nays--None. Absent--Council Member Felder- Proof of publication, certified to by the Publisher of Notice of Public Hear- lng 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 publication be received and filed. Seconded by Council Member Pratt. Carried by the follow- ing vote: Yeas--Mayor King, Council Mem- bets Brady, Farreil, 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- tion, 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 Hail, Dubuque, Iowa to consider the proposal to dispose of interest of the City of Dubu- que, Iowa in 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 i 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 ali 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 Regular Session. December 7.1981 517 OF THE CITY, OF DUBUQUE, IOWA: Section 1. That the disposal of in. retest by the City of Dubuque, Iowa in the hereinabove described real estate to PIXLER ELECTRIC. INC. and HOWARD 0. PIXLER and ROSE M. PIXLER be and the same is hereby ap- proved for and in consideration of the payment of the sum of $27,500.00 as purchase price to be paid to the City of Dubuque, Iowa upon delivery of Quit Claim Deed and abstract o! title. That the said conveyance shall be subject to and the City reserves unto itself a perpetual easement i~, over and across said real estate for public utilities, together with, and including, the right of ingress and egress therefrom for the purposes of repairing and maintaining sewer and public utilities. Section 2. That the Cit~ Clerk be and she is hereby directed to and autho~ ized to deliver deed of conveyance con- veying the above described real estate to the above-named grantees 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 the Dubuque County Treasurer. Passed. approved and adopted this 7th day of December. 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, Farroll. Pratt. Nays--None. Absent--Council Member Felde~ man. Proof of publication, certified to by the Publisher, of Notice of Public Hearing to reclassify certain proper- ties in M.L. 482 in Table Mound Township from "R-4 Multi-Family Residential District" to C-3 Arterial Business Commercial District classification, 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 Farreil. Carried by the follow- Yeas--Mayor King, Council Mem- bers Brady. Farrell, Pratt. Nays--None. Absent--Council Member Felder- ORDINANCE NO. 64-81 AN ORDINANCE of the City of Dubuque, Iowa, Providing that the Code of Ordinances. City of Dubuque, Iowa. be Amended by Revising Appen- dix A Thereof. also known as the"Zon- ing Ordinance and Zoning Map of the City of Dubuque, Iowa" by reclassify- ing Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Mineral Lot 482 in Table Mound Township in the City of Dubuque, Iowa. which is at 2330 Rockdaia Raod [rom "R-4 Multi- Family Residential District" classification to "C-3 Arterial Business Commercial District" Classification. said Ordinance having been presented and read at the Council Meeting of November 16. 1981. presented for final adoption. ORDINANCE NO. 64-81 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 TIlE CITY OF DUBUQUE, IOWA". SY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY AT 2330 ROCKDALE ROAD FROM "R-4 MULTI-FAM- ILY RESIDENTIAL DISTRICT" CLASSIFICATION TO "C-3 ARTE- RIAL BUSINESS COMMERCIAL DISTRICT" CLASSIFICATION. NOW THEREFORE. BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa, be amended by revising Appendix A tbereof, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa", to reclassify hereinafter described property from "R-4 Multi*Family Residential Dis- trict" classification to "C-3 Arterial Business Commercial District" ciassi- fication, to wit: Lot 2 of Lot i of Lot i of Lot 1 of Lot i of Lot 1 of Mineral Lot 482 in Table Mound Townsbip in the City of Dubuque, Iowa. Section 2. That the foregoing amendment has heretofore been 518 Regular Session December 7, 1981 approved by the Planning and Zoning Commk~sion of the City of Dubuque, Iowa PASSED, ADOPTED AND APPROVED this 7th day of Decem- bor. 1981 D Michael King MAYOR ATTEST: Mm~v A. Davis CITY CLERK Published officially in the Telegraph Herald newspaper this 17th day of Decomber. 1981. Mm~v A. Davis City Clerk It 12/17 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, Pratt. Nays--None. Absent--Council Member Felder- man Proof of publication, certified to by the Publisher, of Notice of Public Hearing to reclassify portion of pro- per~y located south of Patricla Ann Drive and west of Edwards Road from "R-2 Single Family Residential District" to "R.3 Multi-Family Residential District" as requested by D. James Edwards, presented and read. There were no written objections received and no oral objectors present at the time se~ for the Hearing. Jim Edwards, 795 Kelly Lane, stated that the proposed rezoning would best serve the community, allowing multi-unit buildings etc. Council Member Farrell moved that the proof of publication be received and filed, Seconded by Council Member Pratt. Carried by the follow- ing vote: Yeas--Mayor King, Council Mem- bers Brady, Farreil, Pratt. Nays--None. Abeent--Councfl Member Felder- man. ORDINANCE NO. 65-81 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 SPECIFICALLY DESCRIBED PRO- PERTY LOCATED SOUTH OF PATRICIA ANN DRIVE AND WEST OF EDWARDS ROAD FROM "R-2 SINGLE-FAMILY RESIDEN- TIAL DISTRICT" TO "R-3 MULTI- FAMILY RESIDENTIAL DISTRICT", said Ordinance having been presented and read at the Council Meeting of Nov. 16, 1981, presented for final adoption. ORDINANCE NO. 65-81 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 RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED SOUTH OF PATRICIA ANN DRIVE AND WEST OF EDWARDS ROAD FROM "R-2 SINGLE-FAMILY RESIDENTIAL DISTRICT" TO "R-3 MULTI-FAMILY RESIDEN- TIAL DISTRICT". NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa, be amended by revising Appendix A thel~of, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa", to reclassify hereinafter descfibed property from "R-2 Residential District" classifica- tion to "R-3 Residential Distrlet' chis- sifieation, to wit: Part of Lot 1 and Lot 2 of Patricia Ann Acres Subdivision No. 2, begin- ning at the intersection of the South- erly right-of-way of Patricia Ann Drive and the Westerly right-of-way of Edwards Road; thence North 86 degrees 09' 00" East 347.05 feet along the Southerly fight-of-way of Patti- cia Ann Drive to a point; (tiffs is an assumed bearing for this descfiption only) thence South 0 degrees 06' 40" East 163.01 feet to a pniut of curva- ture; theuce South~vesterly 218.36 feet along a 343.31 foot radius curve concave Northwesterly (chord S 20 degrees 21' 54" W 214.70 feet) to a point of tangency; thence South 35 degrees 45' 30" West, 66.31 feet to a point; thence South 54 degrees 15' 30" West, 66.31 feet to a point; Regular Session December 7, 1981 519 thence South 54 degl'ees 15' 30" East, 19.64 feet to a point of curvature; thence Southeasterly 208.73 feet along a 597.96 foot radius curve con- cave Southwesterly (chord S 44 deg~es 15' 27" E, 207.67 feet) to a point of tangency; thence South 34 degrees 15! 30" East, 116.18 feet to a point of cmwature; thence Southeast- erly 256.23 feet along a 261.48 foot curve concave Northeasterly (chord S 62 degrees 19' 50" E, 246.10 tbet) to a point of tangency; thence North 89 deg~es 35' 50" East 9.88 feet to a point; dience North 0 degrees 24' 10" West 215.27 feet to a point; thence South 89 degrees 35' 50" West 220.00 feet to a point; thence North 0 degrees 24' 10" West 400.00 tbet to a point; thence North 89 degrees 35' 50" Emqt, 220.13 feet to a point of intersection with the Westerly right- oitway of Edwards Road; thence North 0 degrees 11' 35" West 150.00 feet along the Westerly right-of-way of Edwards Road to the point of beginning. Section 2. That the foregoing amendment has heretofore been approved by the Planning and Zoning Commissinn 0f the City of Dubuque, PASSED, ADOPTED AND APPROVED this 7th day of Decem- ber, 1981. D. Michael King MAYOR ATTEST: Mary A. Davis CITY CLERK Published officially in the Telegraph Herald newspaper this 18th day of December, 1981. Mary A. Davis City Clerk Council Member Farrell moved final adoption of the Ordinance. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Pratt. Nays--None. Absent--Councti Member Felder- Proof of publication, certified to by the Publisher, of Notice of Public Hearing, to rezone part of Lot 2 of Patricia Ann Acres Subd. No. 2 from "R-2 Single Family Residential District to "R-4 Planned Unit Development District", requested by D. James Edwards, 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 Farrell. Carried by the follow- ing vote: Yeas--Mayor King, Council Mem- bers Brady, Farretl, Pratt. Nays--None. Absent--Council Member Felder- ORDINANCE NO. 66-81 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 PRO- PERTY HEREINAFTER DESCRIB. ED FROM "R-2 SINGLE-FAMILY RESIDENTIAL DISTRICT" TO "R-4 PLANNED UNIT DEVELOP. MENT DISTRICT" said Ordinance having been presented and read at the Council Meeting of November 16, 1981, presented for final adoption. ORDINANCE NO. 66-81 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 RECLASSIFYING PROPERTY HEREINAFTER DESCRIBED FROM "R-2 SIN- GLE-FAMILY RESIDENTIAL DISTRICT" TO "R-4 PLANNED UNIT DEVELOPMENT DIS- TRICT''. WHEREAS, D. James Edwards as applicant, owner and developer, has tiled a Prelimh~ary Development Plan for certain property, hereinafter described, in accordance with the visions of the Plm~ned Unit Develop- ment District regulations as set forth in Section 4-110 of Article IV of the Code of Ordinances, Appendix A thereof, of the City of Dubuque, Iowa; and WHEREAS; said applicant has also filed an application for reclassification of said property from "R-2 Single- Family Residential District" to "R-4 Planned Unit Development District" 520 Regular Session, December 7, 1981 in accordance with the provisinns of zoning reclassification as set forth hi Article VIII of the Code of Ordinancel Appendix A thereof, of the City of Dubuque, Iowa; and WHEREAS, the Planning and Zon- ing Commission has held a public hearing on said P~liminary Develop- ment Plan and said application for zoning reclassification pursuant to required published notice; and WHEREAS, the Planning and Zon- ing Commission has conditionally approved said Pretiminary Develop~ ment Plan and said application for zoning reclassification having found that said Plan conforms with the review standards applicable to such plans as set forth in Section 4-110.10 of Article IV of the Code of Ordinances Appendix A thereof, of the City of Dubuque, Iowa; and WHEREAS, the Planning and Zon- h~g Commission recommended the con- currence of the City Council in conditional approval of said Prelimi- nary Development Plan and said application 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 reclassifica- tion pursuant to required published notice; and WHEREAS, the City Council has conditionally approved said Prelimi- nary Development Plan and said application for zoning reclassification; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa, be amended by revising Appendix A thereof, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa", by reclassifying from "R-2 Single-Family Residential District" to "R-4 Planned Unit Devel- opnrent District" the following described property, to wit: Part of Lot 2 of Patricia Ann Acres Subdivision No. 2, commencing at the point of intersection of the Southerly right-of-way of Patricia Ann Drive and the Westerly right-of- way of Edwards Road, thence South 0 degrees 1F 35" East along the Westerly right-of-way of Edwards Road 150.00 feet to the point of beginning; (this is an assumed bear- lng for purposes of this description only) Thence South 89 degcees 35' 50" West 220.13 feet to a point; thence South 0 deg~ves 24' 10' East 4(]0.00 tbet to a point; thence North 89 deg,'ecs 35' 50" East 220.00 feet to a point; thence North 0 deg~es 24' I0" West 363.51 feet to a point; thence North 0 deg,'ecs ll' 35" West 36.49 tbet to the point of beginnh~g. Section 2. That the reclassification fi'om "R-2 Single-Famdy Residential District" to "R-4 Plumed Unit Devel- opment'' applied to the property described above is a tentative reclassi- fication and final adoption of said reclassification is contingent upon the submission of a Final Development Plan in accordance with Section 4- 116.11.3 of the Zoning Ordinance of the City of Dubuque, Iowa, and further that ihilure by the developer to comply with the requirmnents as set forth therein, shall automatically revert said property to its former "R-2 Single- Fandly Residential District" classifica- tion. PASSED, ADOPTED AND APPROVED,this 7th day of December 198h D. Michael King ATTEST: MAYOR Mary A. Dav~s CITY CLERK Publkhed officially in the Telegraph Herald newspaper this 18th day of December, 1981. Mary A. Davis it I2/18 City Clerk Council Member Pratt moved final adoption of the Resolution. 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- man. Proof of publication, certified to by the Publisher, of Notice of Public Hearing to amend Zoning Map with regard to properties in the South Sec- tor of the territory involuntarily am hexed to the City of Dubuque, presented and read. There were no written objections received. Mr. Jon Luckstead, R.#2, Bellevue, Iowa, stated that with the proposed zoning in effect, if any of the business along Rockdale Road burnt, they would not be permitted to rebuild...and questions the zoning of more residential areas, while making it more difficult for businesses. Council Member Pratt moved that the proof of publication be received and filed. Seconded by Council Member Farrell. Carried by the follow- lng vote: Regular Session. December L 1981 521 Yeas--Mayor King, Council Mem- bers Brady. Farrell. Pratt. Nays--None. Absent--Council Member Felder- ORDINANCE NO. 67-81 AN ORDINANCE PROVIDING THAT THE CODE OF OR- DINANCE$. 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. TO AMEND THE ZONING MAP WITH REGARD TO PROPER- TIES IN THE SOUTH SECTOR OF THE TERRITORY INVOLUNTARI- LY ANNEXED TO THE CITY OF DUEUQUE~ IOWA. said Ordinance having been presented and read at the meeting of Nov 16. 1981. presented for final adoption. ORDINANCE NO. 67-81 AN ORDINANCE PROVIDING THAT THE CODE OF ORDINANCES. CITY OF DUBUQUE IOWA EE AMENDED BY REVISING APPENDIX A THEREOF. ALSO KNOWN AS THE ZONING ORDINANCE AND ZON- ING MAP OF THE CITY OF DUBUQUE, IOWA. TO AMEND THE ZON- ING MAP WITH REGARD TO PROPERTIES IN THE SOUTH SECTOR OF THE TERRITORY INVOLUNTARILY ANNEXED TO THE CITY OF DUBUQUE IOWA WHEREAS. the City of Dubuque, Iowa annexed certain territory on dune 1 1979, pursuant ~o a final order el the City Development Board of the State of Iowa; and WHEREAS. b~ Ordinance No. ~9-79. the City Council established [emporary zoning regulatkms rot the annexed territory pending establishment el zomng classifications according re procedures prescribed in Article VIII el the Zoning Ordinance; and WHEREAS. the City Planning and Zoning Commission has completed a study of the land uses and zomng class~'ications in the portion of the annexed territory known as the Soutt~ Sector and bas rep~,rted its findings and recommendations tu tbe City Council: and WHEREAS. all requirements of Article VIII. Section 8. of Appendix A of the Code of Oedinances of the City of Dubuque, Iowa have been met: and WHEREAS. all requirements of Chapter 414 Code of Iowa 1979 with regard to the preparation of the report of the Zoning Commission and subsequent action of the City Council have been met: 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 Appendix A thereof, also know as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa". ~o establish zoning districts for the territory known as the South Sector in accordance with Exhibit "A" hereto attached. Section 2. That the provismns of Ordinance No. 39-79 providing temporary zoning classifications for the annexed territory as they apply to the South Sector in accordance with Exhibit "A" only are hereby repealed. Section 3. That the foregoing amendment has heretofore been approved by the Planning and Zoning Commission of the City of Dubuque, Iowa PASSED. ADOPTED AND APPROVED this 7th day of December,~ 981. D. Michael King, Mayor 522 Regular Session, December 7, 1981 ATTEST: Mary A. Davis City Clerk Published offcialiy in the Telegraph Herald newspaper this 18th day of December, 1981. Mary A. Davis City Clerk It 12/81 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, Farreil, Pratt. Nays--None. Absent--Council Member Felder- Proof of publication, certified to by the Publisher, of Notice of Public Hearing to amend the Zoning Map with regard to properties adjacent to the South Sector in the City, presented and read. There were no written objections received and no oral objectors present at the time set for the Hearing. Council Member Farrell moved that the proo~ of publication be received and filed. Seconded by Coancil Member Pratt. Carried by the follow- ing vote: Yeas--Mayor King, Council Mem- bers Brady, Farreil, Pratt. Nays--None. Absent--Council Member Felder- ORDINANCE NO. 68-81 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF OR- DINANCES, CITY OF DUBUQUE, IOWA, TO AMEND THE ZONING MAP WITH REGARD TO PROPER- TIES ADJACENT TO THE SOUTH SECTOR IN THE CITY OF DUBU- QUE, IOWA, said Ordinance having been presented and read at the Council Meeting of Nov. 16, 1981, presented for final adoption. ORDINANCE NO. 68-81 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVID- ING THAT THE CODE OF ORDI- NANCES, CITY OF DUBUQUE, IOWA, TO AMEND THE ZONING MAP WITH REGARD TO PROP- ERTIES ADJACENT TO THE SOUTH SECTOR IN THE CITY OF DUBUQUE, IOWA. 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 as the "Zoning )rdinance and Zoning Map of the City of Dubuque, Iowa", to reclassify hereinafter described property from "AG Agricultural District" classlfica- tion to "R-1 Residential District" clas- sification, to wit: Lot 2 of Lot 1 of Lot I of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Henscbel's Black Forest in the City of Dubuque, Iowa, 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", to reclassify hereinafter described property from "AG Agricultural District" classifica- tion to "R-2 Single-Fantily Residential District" classification, to wit: Lot 2 cf Lot 1 of Let 2 of Mineral Lot 498, Lot 2 of Lot 1 of Lot 2 o¢ Beverly Pines, Lot 2 of Lot I of Lot 1 of Lot I of Lot 1 of Lot 1 of Lot I of Mh~eral Lot 510, Lot 2 of Lot 1 of Lot I of Mineral Lot 510, Lot I of Lot 2 of Lot 1 of Lot I of Garrel's Grove, Lot 2 of Lot 2 of Lot 1 of Lot 1 of Garrel's Grove, Lot 2 of Lot 2 of Mineral Lot 501, Lot 2 of Lot 1 of Lot 3 of Lot 1 of Mineral Lot 501, and part of Mineral Lot 500, Lot 1 of Lot 1 of Lot 3 of Lot 1 of Mh~eral Lot 501 and pm't of Mineral Lot 500, Lot 2 of Lot 1 of Mineral Lot 501 and part of Mineral Lot 500, Lot 2 of Lot 3 of Lot 1 of Mineral Lot 501 and part of Mineral Lot 500, Lot 3 of Lot 1 and Lot 2 of Lot 13 of Mineral Lot 501, lot 4 of Lot 1 and Lot 2 of Lot 13 of Mineral Lot 501, Lot 5 of Lot 1 and LOt 2 of Lot 13 of Min- eral Lot 501, Lot 1 of Lot 6 of Lot 1 and Lot 2 of Lot 13 of Mineral Lot 501, Lot 1 of Lot 2 of part of Mineral Lot 500, and Lot 2 of Lot 6 of Lot 1 and Lot 2 of Lot 13 of Mineral Lot 501 in the City of Dubuque, Iowa Section 3. 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 Zonh~g Map of tbe City Regular Sessio~ December 7, 1981 523 of Dubuque, Iowa", to reclassify hereinafter described property f¥om "R-1 Single-Family Residential Dis- trict" classification to "R-2 Single- Family Residential District" classifica- tion, to wit: Lot 2 of Lot 1 of Lot 2 of Mineral Lot 499 and Lot 2 of Mineral Lot 504 in the City of Dubuque, Iowa. Section 4. Tlmt the Code of Ordi- nm~ces of the City of Dubuque, Iowa be amended by revising Appendix A thereof, also known as the "Zoning Ordinauce and Zoning Map of the City of Dubuque, Iowa", to reclassify hereinafter described property from "C-1 Commercial Dist~Sct" alassffica- tion to "R-2 Single-Family Residential District" classification, to wit: Lot 1 of Tower Investments Sub. No. 1 in the City of Dubuque, Iowa. Section 5. That the foregoing amendments have heretofore been approved by the Planning aud Zoning Connnission of the City of Dubuque, Iowa. PASSED, ADOPTED AND APPROVED this 7th day of Decem- ber, 1981. D. Michael King MAYOR ATTEST'. Mary A. Davis CITY CLERK ]Published officially in the Telegraph Herald newspaper this 18th day of December, 1981. Council Member Farrell moved final adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bars Brady, Farreli, Pratt. Nays--None. Absent--Council Member Felder- Proof of publication, certified to by the Publisher, of Notice of Pendency of Resolution for Necessity for the North-West Arterial, Stage I, P.C.C. Paving and Intersection Improve- ment, presented and read. Council Member Pratt moved that the proof of publication be received and filed. Seconded by Council Member Brady. Carried by the follow- lng vote: Yeas--Mayor King, Council Mem- bers Brady, Farreli, Pratt. Nays--None. Absent--Council Member Felder- (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 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 North-West Arterial, Stage I, P.C.C. Paving and Intersection Im- provements. 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, specifica- tions, contract or estimated coat of the improvement, 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 the General Fund and Federal Aid to Urban Systems Funds. The above resolution was introduc- ed, approved and ordered placed on file with the City Clerk this 2nd day of November, 1981. Record of Final Adoption The foregoing resolution was finally passed and adopted, as proposed by the City Council this 7th day of December, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adap- tion of the Resolution. Seconded by Council Member Brady. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Pratt. Nays--None. Absent--Council Member Felder- Decision of Council Upon Objections To plans, Specifications, Form of Contract and Cost of Improvements RESOLUTION NO. 367-81 WHEREAS, proposed plans and specifications and form of contract for 524 Regular Session, December 7, 1981 the North-West Arteriali Stage I, P.C.C. Paving and Intersection Im- provements have been approved by the City Council of the City of Dubu- que and public notice given as provid- ed by the Code of Iowa pertaining to public contracts and bonds, and the time and place fixed for the hearing of ail objections to said plans, specifica- tions or contract for or coat of such im- provements, said time being this 7th day of December, 1981; and WHEREAS, the City Council met in regular session this 7th day of December, 1981, at 7:30 p.m. at the City Council Chambers in the City Hail for the purpose of hearing all in- terested parties and considering any and all objections which have been fil- ed to the proposed plans, specifica- tlons or contract for or cost of the ira- provement herein described and pro~ posed to be made; and WHEREAS, ail 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 described and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this City Council upon all objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent record in connection with said improvement. Passed, approved and adopted this 7th day of December, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adap- tion of the Resolution. Seconded by Council Member Brady. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Pratt. Nays--None. Absent--Council Member Felder- (Ordering Construction) RESOLUTION NO. 368-81 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU~ QUE that pursuant to a Resolution of Necessity No. 336-81 which was duly passed by this Council for the North- West Arterial, Stage I, P.C.C. Paving and Intersection Improvements be and the same are hereby ordered and constructed by this Council upon its own motion and with or without the petition of property owners. Ail the work shall be constructed in accor~ dance with the plans and specifica- tions heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvement be paid from the General Fund and Federal Aid to Urban Systems Funds. 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, approved and adopted this 7th'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, Pratt. Nays--None. Absent--Council Member Felder- man. Prcof of publication, certified to by the Publisher, of Notice to Bidders for the North-West Arterial, Stage I, P.C.C. Paving and Intersection Im- provement, presented and read. Council Member Pratt moved that the proof of publication be received and flied. Seconded by Council Member Brady. Carried by the follow- lng vote: Yeas--Mayor King, Council Mem- bets Brady, Farrell, Pratt. Nays--None. Absent--Council Member Felder- Communication of City Manager recommending awarding contract for North-West Arterial, Stage I, P.C.C. Regular Session Paving and Intersection Improvement to Tschiggfrie Excavating, presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Brady. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Pratt. Nays--None. Absent--Council Member Felder- man. (Awarding Contract) RESOLUTION NO. 369-81 WHEREAS, sealed proposals have been submitted by contractors for the North-West Arterial, Stage I, P.C.C. Paving and Intersection Im- provements pursuan~ to Resolution No. 337-81 and notice to bidders published in a newspaper in said City on November 5, 1981; and WHEREAS, said sealed proposals were opened and read on November 10, 1981, and it has been determined that the bid for Tschiggfrie Excavating of Dubuque in the amount of 5670,904.91 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 Tschiggfrie Excavating, subject to the concurrence of the Federal Highway Administration, and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said con- tract and the approval of the con- tractors bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed and adopted this 7th day of December, 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: December 7, 198] 525 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 Pendency on Resolution of Necessity for public improvemems for the Locust St. Park- ing Ramp Lighting Improvements. presented and read. Council Member Farrell moved that the proof of publication be received and filed. Seconded by Council Member Pratt. Carried by the follow- lag vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Pratt. Nays--None. Absent--Council Member Felder- (Necessity For Improvementl RESOLUTION NO. 339-81 WHEREAS. proposed plans have been duly prepared and approved by the City Council of the City of Dubu- qua, Iowa, and are now on file in the of- fica 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 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, specifics- tions, contract or esthnated 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 wffi be paid from the Parking Revenue Bond Depreciation Fund. The above resolution was intrcduc- ed, approved and ordered placed on file with the City Clerk this 2nd day of November, 1981. Record of Final Adoption The foregoing Resolution was finally passed and adopted, as proposed by the City Council this 7th day of December, 1981. 526 Regular Session, December 7~ 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, Pratt. Nays--None. Absent--Council Member Felder- Decision of Council Upon Objections To Plans, Specifications, Form of Contract and Cost of Improvements RESOLUTION NO. 379-81 WHEREAS, proposed plans and specifications and form of contract for the Locust Street Parking Ramp Lighting Improvements have been ap- proved by the City Council of the City of Dubuque and public notice given as provided by tho Code of Iowa pertain~ lng to public contracts and bonds, and the time and place fixed for the hear- ing of all objections to said plans, specifications or contract for or cost of such improvements, said time being this 7th day of December, 1981; and WHEREAS, the City Council met in regular session this 7th day of December, 1981, at 7:30 p.m. at the City Council Chambers in the City Hall for the purpose of hearing ail in- terested parties and considering any and all objections which have been filed to the proposed plans, specifica- tions or contract for or cost of the ira- provement herein described and pro- posed to be made; and WHEREAS, ali interested parties have been given an opportunity to be heard and ali 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 described and proposed to be made, be and the same hereby overruled and such plans, specifictionz and form of contract heretofore approved are hereby adopted. BE IT FURTHER RESOLVED that this resolution c~ntaining~tha decision of this City Council ~po~ all objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent record in connection with said improvement. Passed, approved and adopted this 7th day of December, 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 Mom- bets Brady, Farrell, Pratt. Nays--None. Absent--Council Member Felder- (Ordering Construction) RESOLUTION NO. 371-81 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE that pursuant to a Resolution of Necessity No. 339-81 which was duly passed by this Council for the Locust Street Parking Ramp Lighting Im- provements be and the same are hereby ordered and constructed by this Council upon its own motioh 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 the said improvement be paid from the Parking Revenue Bond Depreciation 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, approved and adopted this 7th day of December, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Farreli moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: YeasL-Mayor King, Council Mem- bers B?ady, Farrell, Pratt. Nays--None. Regular Session December 7,1981 527 Absent--Council Member Felder- Proof of publication, certified to by the Publisher, of Notice to CSntractors of the Receipt of Proposals for the con- struction of the improvements for the Locust Street Parking Ramp Lighting Improvements, presented and read. Council Member Farrell moved that the proof of publication be received and filed. Seconded by Council Member Pratt. Carried by the follow- lng vote: Yeas--Mayor King, Council Mem- bets Brady, Farrell, Pratt. Nays--None. Absent--Council Member Felder- man. Communication of City Manager recommending awarding contract for above to Paulson Electric Co., presented and read. Council Member Farreil moved that the communication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Pratt. Nays--None. Absent--Council Member Felder- (Awarding Contract) RESOLUTION NO. 372-81 WHEREAS, sealed proposals have been submitted by contractors for the Locust Street Parking Ramp Lighting Improvements pursuant to Resolution No. 340-81 and notice to bidders published in a newspaper published in said City on November 13, 1981, and WHEREAS, said sealed proposals were opened and read on November 30, 1981, and it has been determined that the bid of Pauleon Electric Company of Dubuque in the amount of $37,757.00 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: That the contract for the above- mentioned improvement be awarded to Paalson Electric Company and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said con- tract and the approval of the contrac- tore bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed and adopted this 7th day of December, 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, Pratt. Nays--None. Absent--Council Member Felder- Communication of City Manager submitting material providing for the ~ale of an unused portion of right of way which was purchased for the North-West Arterial, 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, Pratt. Nays--None. Absent--Council Member Felder- RESOLUTION NO. 373-81 WHEREAS, the City Of Dubuque, Iowa, has heretofore instituted Emi- nent Domain Proceedings for the pur- pose of construction of the North- West Arterial from U.S. 20 to Penn- sylvania Avenue as it affected the pro- perty of Pixler Electric, Incorporated; and WHEREAS, negotiations have been made on the sale of a portion said to Schiltz Development Corporation; and WHEREAS, said premises has been )latted and described as: Lot 1 of Lot I of the Subdivision 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 have agreed to sell said above-described real estate for the sum of $3,640.00, to be paid to the City of Dubuque upon delivery of Quit Claim Deed and Abstract of Title. 528 Regular Session, December 7, 1981 NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the disposal of Lot 1 of Lot I of the Subdivision of Lot I of the Southwest Quarter of the Southwest Quarter of Section 28, Township 89 North, Range 2 East of the 5th P.M. to Schlitz Development Corporation be and the same is hereby approved~ Section 2. That the City Clerk be and she is hereby directed to publish notice of intent to dispose of interest in real estate as is by law required. 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, the of- flee of the City Assessor and the office of Dubuque County Auditor. Passed, adopted and approved this 7th day of December, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Farreil moved adoption of the Resolution, setting Hearing for Dec. 21, 1981. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farreil, Pratt. Nays--None. Absent--Council Member Felder- Communication of City Manager submitting Resolution providing for granting a Perpetual Easement for electric transmission and distribution facilities on right of way of the North- West Arterial, presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Farreli. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Pratt. Nays--None. Absent--Council Member Felder- RESOLUTION NO. 374-81 Resolution for the Notification of Public Hearing Granting a Perpetual Easement to Interstate Power Com- pany for Right of Way on the North- West Arterial. WHEREAS, Interstate Power Com- pany, a Delaware Corporation, has re- quested a perpetual easement on the North-West Arterial for the installa- tion of its electrical and transmission fines; and WHEREAS, Interstate Power Com- pany has filed a copy of the Electric Easement with the City Clerk; and WHEREAS, the Code of Iowa, Sec- tion 364.7, 1981 Edition, stipulates that a public hearing must be held for the disposition of interest by the City in real property; and WHEREAS, on September 8, 1981, the City Council adopted a Resolution of Intent to g~ant Interstate Power Company a perpetual easement on location of transmission and distribu- tion facilities on the North-West Arterial after the City had secured ful- ly vested interest in the right of way. NOW, THEREFORE, BE IT SOLVED by the City Council of tho City of Dubuque, Iowa: Section 1. That the City Clerk be directed ~o publish a notice of a public hearing on the granting of a perpetual easement to Interstate Power Com- puny for transmission and distribution lines on right of way of the North-West Arterial Passed, approved and adopted this 7th day of December. 198L D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adop- tion of the Resolution, setting Hearing for Dec. 21, 1981. Seconded by Council Member Farrell. Carried by the follow- ing vote: Yeas--Mayor King, Council Mem- bers Brady, Farreil, Pratt. Nays--None. Absent--Council Member Felder- man, Proof of publication of Notice of Public Input Meeting regarding the roprecincting and redistricting of theCity of Dubuque which is required by State Law to be completed before Dec. 31, 1981, presented and read. Council Member Pratt moved that the proof of publication be received and filed. Seconded by Council Member Farrell. Carried by the follow- ing vote: Yeas--Mayor King, Council Mem- bers Brady, Farreil, Pratt. Nays--None. Abeent--Council Member Felder- Regular Session, December 7. 1981 529 man. Communication of City Manager submitting two aiternatives for the reprecincting of the City of Dubuque and advising of time schedule involv- ed, presented and read. Michael McFarland. 205 Lowell St.. stated he favors Alternate "B" as the access is better to the poillng places. Janet Durham, County Deputy Commissioner of Elections. and Chuck Vanda, City Associate Planner. elaborated on the two alternate plans. Council Member Pratt moved that the communication be received and filed and the Staff proceed with Alter- nate "B". Seconded by Council Member Farreil. Carried by the follow- ing vote: Yeas--Mayor King, Council Mem- bers Brady, Farreil. Pratt. Nays--None. Absent--Council Member Felder~ Communication of City Manager submitting a Program for evaluating four different styles of street lighting in residential areas of the City, presented and read. Council Member Pratt moved that the communication be received and ~ed. Seconded by Council Member Farrell. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farreli, Pratt. Nays--None. Absent--Council Member Felder- Communication of City Manager re- questing acceptance of Public Ira- provement for Water Supply Well #10, presented and read. Council Member Farreli moved that the communication be received aqd fded. 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- (A Resolution Accepting Improvement) RESOLUTION NO. 375-81 WHEREAS, the contract for the Water Supply Well #10 has been com- pleted and the City Manager has ex- am[ned the work and filed his cer- tificate stating that the same has been completed according to the terms of the contract, plans and specificatlans and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque. that the recommendation of the City Manager be approved and that said hnprovemen~ be and the same is hereby accepted. BE IT FURTHER RESOLVED~ that the City Treasurer be and he is hereby directed to pay to the contrac- tor from the funds to be realized from Water Improvement Fund issued upon the above described improve- men~ in amount equal to the amount of Passed. adopted and approved this 7th day of December. 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Farreil moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the foliowing vote: Yeas--Mayor King, Council Mem- bets Brady, Farreli. Pratt. Nays--None. Absent--Council Member Felder- Final Estimate RESOLUTION NO. 376-81 WHEREAS. the contract for the Water Supply Well #10 has been com- picted and the City engineer has sub- mitted his final estimate showing the cost thereof including the cost of estimates, notices, inspection, and preparing the assessment and plat, now therefore, BE IT RESOLVED, by the City of Dubuque, That the cost of said improvement is hereby determined to be $76,289.10. ' That $76.289.10 of the cost shall be paid from the Water Improvement Fund of the City of Dubuque. Passed, adopted and approved this 7th day of December, 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, Pratt. 530 Regular Session, December 7, 1981 Nays--None. Absent--Council Member Felder- Proof of publication, certified to by the Publisher, of Notice of Receipt of Bids for an ambulance, City of Dubu- que, Iowa, presented and read. Council Member Pratt moved that the proof of publication be received and filed. Seconded by Council Member Farrell. Carried by the follow- lng vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Pratt. Nays--None. Absent--Council Member Felder- Communication of City Manager recommending awarding contract to Emergency Vehicles Sales & Service in the amount of $34,079.88 for the pur- chase of a 1982 Modular Ambulance, presented and read. Council Member Pratt moved that the communication be received and filed and the purchase approved. Seconded by Council Member Farreil. Carried by the following vote: Yeas--Mayec King, Council Mem- bets Brady, Farreil, Pratt. Nays--None. Absent--Council Member Felder- Communication of City Manager submitting Agreement between the City of Dubuque and Dubuque Policemen's Proteetive Association, presented and read. Council Member Pratt moved that the communication be received and fil- ed. Seconded by Council Member Far- reil. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farreil, Pratt. Nays--None. Absent--Council Member Felder- RESOLUTION NO. 377-81 A Resolution Accepting the Proposed Agreement Between the City of Dubu- que, Iowa, and the Dubuque Policemen's Protec$ive Association ~nd Authorizing the Mayor to Sign Said Agreement WHEREAS, the Sixty-Fifth General Assembly adopted the Public Employment Relations Act, Chapter 20, Code of Iowa; and WHEREAS, the City of Dubuque is a public employer in the meaning of Section 3(1) of the Public Employment Relations Act; and WHEREAS, the Dubuque Policemen's Protective Association is an employee organization within the meaning of Section 3(4) of the Public Employment Relations Act; and WHEREAS, the Dubuque Policemen's Protective Association submitted a request to bargain coilec- tively on behalf of the employees within its representation; and WHEREAS, bargaining between the parties has occurred and an agree~ merit has been concluded. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA that: The terms of the proposed agree- ment be accepted and the Mayor be authorized to sign the collective bargaining agreement. Passed, approved and adopted this 7th day of December, 1981. D. Michael King ATTEST: Mayor 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, Pratt. Nays--None. Absent--Council Member Felder- Communication of City Manager submitting Ordinance correcting several provisions of the City Code pertaining to the Dubuque Civil Ser- vice Commission, 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, Farreil, Pratt. Nays--None. Absent--Council Member Felder- ORDINANCE NO. 69-81 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE BY REPEAL- ING SECTIONS 2-179 AND 2.180 THEREOF AND ENACTING NEW SECTIONS 2-179 AND 2-180 IN LIEU THEREOF BY CREATING A CIVIL SERVICE COMMISSION AND PRO- VIDING FOR ITS QUALIFICA- TIONS, presented and read. Regular Session, December 7, 1981 531 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, Pratt. Nays--None. Absent--Council Member Felder- 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, Pratt. Nays--None. Absent--Council Member Felder- ORDINANCE NO. 69-81 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE BY REPEALING SECTIONS 2-179 AND 2-180 THEREOF AND ENACTING NEW SECTIONS 2- 179 AND 2-180 IN LIEU THEREOF BY CREATING A CIVIL SER- VICE COMMISSION AND PRO- VI DIN G FOR ITS QUALIFICATIONS. NOW THEREFORE BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1: That the Code of Ordi- nances of the City of Dubuque, Iowa, be amended by repealing Sections 2- 179 and 2-180 thereof and enacting Sections 2-179 and 2-180 in lieu thereof as follows: "Sec. 2-179. Created. A Civil Service Commission is hereby created under and in accordance with the provisions of Chapter 400 of the Code of Iowa. Sec. 2-180. Qualifications Gen- erally. The Civil Service Commissioners must be citizens of Iowa, eligible electors as defined in Chapter 39 of the Code of Iowa, and residents of the c/ty for more than five (5) years preceding their appointment, and shall not, while on the Commission, hold or be a candidate for any office of public trust." Pass. t, approved and adopted this 7th day of Decembe~ 1981. D. Michael King ATTEST: MAYOR Mary A. Davis CITY CLERK Published officially in the Telegraph Herald newspaper this 17th day of December, 1981. it 12/17 Council Member Pratt moved final adoption of the Ordinance. Seconded by Council Member Farrell. Carried by the following vote: Yeas--Mayor King, Council Mem- bets Brady, Farrell, Pratt. Nays--None. Absent--Council Member Felder- Communication of City Manager submitting a Resolution accepting Supplement No. 10 to the Code of Or- dinances, presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Brady. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Pratt. Nays--None. Absent--Council Member Felder. RESOLUTION NO. 378-81 Adopting Supplement Number 10 to the Code of Ordinances of the City of Dubuque, Iowa. WHEREAS, under date of November 1, 1976, City Council of theCity of Dubuque, Iowa, pursuant to Ordinance 55-76, and after a public hearing, adopted a Code of Ordinances of City of Dubuque, Iowa, for or- dinances adopted up to and including September 15, 1975; and WHEREAS, under date of November 16, 1981, the City Council, pursuant to Ordinance 63-81, readopted the Cede of Ordinances for ordinances adopted up to and in- cinding March 10, 1981; and WHEREAS, since March 10, 1981, the City Council of Dubuque, Iowa, has adopted certain ordinances amen- ding the Code of Ordinances and said amendments have been printed as Supplement No. 10 to the Code of Or- dinances; and WHEREAS, Section 380.8 of the Code of Iowa provides that sup- plements, by resolution, become part of the Code of Ordinances. NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Supplement No. 10 to the Code of Ordinances of the City of Dubuque, Iowa, covering ordinances adopted by the City Council of the City of Dubuque, Iowa, up to and through 532 Regular Session, December 7, 1981 June 15, 1981, printed by the Municipal Code Corporation, Tallahassee, Florida, hereto filed in the office of the City Clerk of the City of Dubuque, Iowa, be and is hereby adopted and becomes part of the Code of O~ dinances of the City of Dubuque, Iow~ Passed, approved and adopted this 7th day of December, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adop- tion of the Resolution. Seconded by Council Member Brady. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farreil, Pratt. Nays--None. Absent--Council Member Felder- man, Communication of Corporation Counsel Russo submitting statements in connection with his work performed in the defense of the action against the City for the Sewage Treatment Plant and requesting authorization of pay- ment in the amount of $18,000.00, presented and read, Council Member Pratt moved that the communication be received and filed and approve payment and direct Finance Director to issue proper check. Seconded by Council Member Brady. Carried by tho following vote: Yeas--Mayor King, Council Mem- bers Brady, Farreil, Pratt. Nays--None. Absent--Council Member Felder- Communication of P & Z approving final plat of portion of Dubuque In- dustrial Center First Addition, presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Farreil. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Pratt. Nays--None. Absent--Council Member Felder- RESOLUTION NO. 379-81 A Resolution Approving the Final Plat of Dubuque Industrial Center First Addition in the City of Dubuque, WHEREAS, there has been presented to the City Council of the City of Dubuque, Iowa, the Final Plat of Dubuque Industrial Center First Addition in the City of Dubuque, Iowa; and WHEREAS, said Plat has been ex- amined by the City Council and finds that said plat conforms to the law and same should be approved; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Plat of the hereinabove described real estate be and the same is hereby approved, a copy of which is hereto attached, Section 2. That the Mayor and the City Clerk be and they are hereby authorized and directed to execute the same on behalf of the City of Dubuque, lowa, as Owner and approving agency. Passed, adopted and approved this 7th day of December, 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- bera Brady, Farrell, Pratt. Nays--None. Absent--Council Member Felder. Communication of P & Z approving final plat of the Subdivision of Lot i of "Nesler Heights on Grandview" located south of South Grandview Ave., presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas--Mayor King, Council Mem- bets Brady, Farreil, Pratt. Nays--None. Absent--Council Member Felder- RESOLUTION NO. 380-81 Resolution Approving Plat of the Sub- division of Lot 1 of"Nesler Heights on Grandview" in the City of Dubuque, WHEREAS, there has been filed with the City Clerk a plat of the Sub- division of Lot i of "Nesler Heights on Grandview" in the City of Dubuque, Iowa; and Regular Session~ WHEREAS. said plat has been ex- amined by the City Planning and Zon- ing Commission and they find that the same conforms to the statutes and or- dinances relating thereto, except thai Lot 2 of Subdivision of Lot 1 of "Nesler Heights on Grandview' does not front on a public street: and WHEREAS. said plat has been ap- proved by the City Planning and Zon- ing Commission on the condition that Lot t of Subdivision of Lot 1 of "Nesler Heights on Grandview' in the City of Dubuque, Iowa is not to be built upon unvil such time that an im- proved public street is constructed to Lot 2 of the Subdivision of Lot i of "Nesler Heights on Grandvlew": and WHEREAS. said plat has been ex- amined by the City Council and they find the same conforms to the statutes and ordinances relating thereto; and WHEREAS. the City Council con- curs in the condition of approval established by the City Planning and Zoning Commission: NOW. THEREFORE. BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the above-described plat be and the same is hereby approv- ed and the Mayor and Clerk be and are hereby authorized and directed to eh- ~lorse the approval of the City of Dubw que upon said plat provided that the owner of said property shall execute a written acceptance hereto attached, acknowledging and agreeing: a) That no building permit shall be issued for Lot 1 of Subdivision o[ Lot 1 of "Nesler Heights on Grandview" in the City of Dubu- que, Iowa until such time a public street is dedicated and approved at least as far as the northerly lot llne of Lot 2 of the Subdivision of Lot i of "Nesler Heights on Grandview" in the City of Dubu- que, Iowa. Section 2. That in the event the owner fails to execute the Acceptance provided for in Section I herein within forty-five (45) days after the date of this Resolution, the provisions herein shall be null and void and the approval of the Plat shall not be effective. Passed, adopted and approved this 7th day of December, 1981. D. Michael King Mayor ATTEST: December 7, 1981 533 Mary A. Davis City Clerk Acceptance of RESOLUTION NO. 380-81 I. the undersigned James C. Nesler. having read the terms and condition of the foregoing Resolution No. 380-81 and being familiar with the condition thereof, hereby accept the same and agree to the condition required therein. Dated at Dubuque, Iowa this 15th day of December. i981. By: James C. Nesler Council Member Pratt moved adop- tion of the Resolution. Seconded by Council Member Farreli. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell. Pratt, Nays--None. Absent--Council Member Felder- Communication of P & Z approwng final plat of "Faldorf-Dockal Woodland Preserve" 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 Pratt. Nays--None. Absent--Council Member Felder- RESOLUTION NO. 381-81 A Resolution Approving the Plat ot the Subdivision of "Faldorf-Doekal Woodland Preserve" in the City of Dubuque, Iowa. WHEREAS, there has been filed with the City Clerk a plat of the Sub- division of "Faldorf-Dockal Woodland Preserve" in the City of Dubuque. Iowa; and WHEREAS, said plat has been ex- amined by the City Planning and Zon~ lng Commission and had its approval endorsed thereon; and WHEREAS~ said plat has been ex- amined by the City Council, and the City Council finds that the same con- forms to statutes and ordinances relating thereto. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, 534 Regular Session, December 7, 1981 IOWA: Section 1. That the plat of the Sub- division of "Faldorf~Dockal Woodland Preserve" in the City of Dubuque, Iowa be and the same is hereby ap- proved, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said pla~ Passed, adopted and approved this 7th day of December, 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, Pratt. Nays--None. Absent--Council Member Felder- RESOLUTION NO. 382-81 BE IT RESOLVED, By the City Council of the City of Dubuque, Iowa. that the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque. Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Douglas Fink 2119 Rhomberg Dale E. Bradley 1902 Central W I Canteen Service, Inc. Municipal Airport RR3 Hwy61 S. Passed, adopted and approved this 7th day of December, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adop- tion of the Resolution. Seconded by Council Member Brady. Carried by the following vote: Yeas--Mayor King. Council Mem- bers Brady, Farrell, Pratt. Nays--None. Absent--Council Member Felder- RESOLUTION NO. 383-81 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 RE- 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 Angel Investment Co. 2699 Reckdale (Also Sunday Sales) Revco Discount Drug Centers of Iowa, Inc. 3049 Asbury St. (Also Sunday Sales) Earl Tegeler 2311 Windsor Ave. (Also Sunday Sales) Passed, adopted and approved this 7th day of December, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adop- tion of the Resolution. Seconded by Council Member Brady. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Pratt. Nays--None. Absent--Council Member Felder- RESOLUTION NO. 384-81 WHEREAS, Applications for Li- quor Licenses have been submitted to this Council for approval and the same have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were in- spected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW, THEREFORE, BE IT RE- SOLVED, By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap- plicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Gregory J. Adams and Jeffrey T. Maggio 1064 University J. R. Bainbridge 1375 Locust (Sunday Sales Only) Benevolent & Protective Order of Elks #297 2699 John F. Kennedy Angellna A. Bertolini 1298 Main (Also Sunday Sales) Regular Session, December 7, 1981 535 Joseph F. Bleile 2660 Central Norene J. Millman 601 Rhomberg (Also Sunday Sales) The Moracco, Inc. 1413 Rockdaie Beverly L. Noonan 400 Central John Richman & Robert Spiegel 1080 University (Also Sunday Sales) David A. Ungs 2987 Jackson (Also Sunday Sales) David Wetter and Joseph McGinnis 951 Main St. (Also Sunday Sales) Passed, adopted and approved this 7th day of December, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adop- tion of the Resolution: Seconded by Council Member Brady. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Pratt. Nays--None. Absent--Council Member Felder- Printed Council Proceedings for month of September, 1981, presented and read. Council Member Pratt moved that the proceedings be approved as printed. Seconded by Council Member Farreil. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrefi, Pratt. Nays--None. Absent--Council Member Felder- MINUTES SUBMITTED: Airport Commission of 11-5 and 11-10; Com- munity Development Commission of 11-10; Historic Preservation Commis- sion of 11-10; Human Rights Commie- sion of 10-21 and Comprehensive Ac- countability Record; Park Board of 10-9, 10-27 and 11-13; Playground & Rec. Commission of 10-22 Public Library of 10-28; Transit Board of 10-8 & Earnings Statement for month of October 1981; Cable Regulatory Commission of 10-28; Cable Commission Tel~-Programmi.ng Commission of 11-15; Civil Serwce Commission of 10-1, 10-15, 10-19 & 11-5; presented and read. Council Member Pratt moved that the minutes be received and filed. 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- NOTICES OF CLAIMS/SUITS: Herbert Bleile, in amount of $210 for backed-up sewer damages; Mary Pat Renaud, in estimated amount of $63~86 for car damages; Deanna Kay Rooney, in undetermined amount for personal injuries; Don D. Junk, in amount of $428 for backe&up sewer damages, presented and read. Council Member Pratt moved that the claims and suits be referred to the Corporation Counsel for investigation and report. Seconded by Council Member Farreil. Carried by the follow- ing vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Pratt. Nays--None. Absent--Council Member Felder- Proof of publication, of List of Receipts and Expenditures for month of October, 1981; communication of City Manager submitting monthly reports of City Treasurer and Finance Director, presented and read. Council Member Pratt moved that the proof of publication and com- ~nunication be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrefi, Pratt. Nays--None. Absent--Council Member Felder- Proof of publication, of Notice that copy of the Annual Performance Report is on file in various offices of City Government, presented and read. Council Member Pratt moved that the proof of publication be received and filed. Seconded by Council Member Farrell. Carried by the fofiow- lng vote: Yeas--Mayor King, Council Mem- bers Brady, Farrefi, Pratt. Nays--None. Absent--Council Member Felder- Communication of Corps of Engineers advising of the availability of funds to initiate a reconnaissance study of the hydroelectric generating potential of Mississippi River Locks and Dams, presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Farrefi. Carried by the following vote: 536 Regular Session, December 7, 1981 Yeas--Mayor King. Council Mem- bers Brady, Farrefi, Pratt. Nays--None· Absent--Council Member Felder- Communication of Delos A. Dorweiler requesting enforcement of noise Ordinance. 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- hers Brady, Farrell, Pratt. Nays--None. Absent--Council Member Felder- Communication of Civil Aeronautics Board submitting Order on Recon- sideration of Emergency Air Transportation Requirements; Advis- lng of Notices of Intent of Ozark Air Lines, Inc. to suspend all service at Fort Dodge and Mason City; Submit- ting essential Air Transportation determinations of Fort Dodge and Mason City under Section 419 of the Federal Aviation Act of 1958, as amended, presented and read. Council Member Pratt moved that the communication be referred to the Ah-port Com~nission. Seconded by Council Member Farre[1, Carried by the following vote: Yeas--Mayor King, Councli Mem- bers Brady, Farrell, Pratt. Nays--None. Absent--Council Member Felder- Communication of City Manager submitting response to petition con- cerning bus service to the St. Mary's Apartments of Kaufmann Ave., 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, Farreil, Pratt. Nays--None. Absent--Council Member Felder- Communication of City Manager submitting response to several refer- rals made to his office, 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, Pratt. Nays--None· Absent--Council Member Felder- man. November 16, 1981 Honorable Mayor and Members of the City Council In accordance with the provisions of Chapter 400 of the Code of Iowa, 1981, the Civil Service Commission con- ducted written examinations on September 10, 1981 to applicants for entrance into the Fire Department. Physical agility tests were also con- ducted on November 3 and 4, 1981 to applicants who successfully passed the written Fire Entrance Examina- tions. The following named applicants have passed both the written and agili- ty tests and are hereby certified to be considered for appointment to the Fire Department. Roger A. Coffin Thomas J. Ready David Drexler George Wellendorf Terrence G. Bahi Jon J. McNett Edward J. Clark Rick Bankson · Terrence J. DeMuth E. Daniel Brown A second list of ten is available for certification upon exhaustion of the above list. Respectively submitted, Dolores A. Reihie Chairperson John E. Hess Ann Smith Civil Service Commission ATTEST: Mary A. Davis City Clerk Subscribed and sworn to before me this 18th day of November. 1981. Karen M. Chesterman Notary Public My Commission oxpires 9-30-83. November 16, 1981 Honorable Mayor and Members of the City Council In accordance with the provisions of Chapter 400 of the Code of Iowa, 1981, the Civil Service Commission con- ducted written examinations on Oc- tober 6, 1981 to applicants for en- trance into the Police Department. Physical agility tests were also con- ducted on October 27, 1981 to ap- plicants who successfully passed the written Police Entrance Examina- tions. Regular Session December 7, 1981 537 The following named applicants have passed both the written and agili- ty tests and are hereby certified to be considered for appointment to the Police Department. Kevin M. Hahn Jeff M. Pillard Michael T. Kaiser Terrence G. Bahl David W. Penhoilow Tom D. Parker Richard Bowerman Thomas J. Ready Timothy E. Camp James W. Fauver A second list of ten is available for certification upon exhaustion of the above llst. Respectively submitted, Dolores A. Ralhle Chairperson John E. Hess Ann Smith Civil Service Commission ATTEST: Mary A. Davis City Clerk Subscribed and sworn to before me this 18th day of November, 1981. Karen M. Chesterman Notary Public My ConmUssion expires 9-30-83. Council Member Pratt moved that the communication of the Civil Service Commission certifying list of in- dividuals who have suceessfuily pas- sed tests for Police Entrance and Fire Entrance positions be received and filed and made a matter of record. Seconded by Council Member Farreil. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farreil, Pratt. Nays--None. Absent--Council Member Felder- man. REFUNDS REQUESTED: Joe Burns, $50 on unexpired Cigarette License, presented and read. Council Member Pratt moved that the refund be approved and Finance Director to issue proper check. Seconded by Council Member Farreil. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farreil, Pratt. Nays--None. Absent--Council Member Felder- Communication of Dubuque Historic Preservation Commission submitting the recently completed Lower Main Street Design Study, pre- sented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Farreil. Carried by the foRewing vote: Yeas--Mayor King, Council Mem- bers Brady, Farrall, Pratt. Nays--None. Absent--Council Member Felder- Tom Reiily of the Dubuque Historic Preservation Commission stated that they will be petitioning for the designation of the second hlstorical district in the City of Dubuque for the Lower Main Street Area, and thanked the city for its consideration. Communication of Corporation Counsel recommending settlement of personal injury claim of Patricia Kunkel, a minor, by Robert Kunkel, her father in the amount of $2,000.00, presented and read. Council Member Pratt moved that the communication be received and filed and approved and that Finance Director to issue proper check. Seconded by Council Member FarrelL Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Pratt. Nays--None. Absent--Council Member Faldor- Communication of City Manager ad- vising of the selection of the Cable Franchise Administrator, 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, Pratt. Nays--None. Absent--Council Member Felder- Communication of Leo McCarthy, on behalf of Conti-Carriers & Ter- minals, Inc. submitting bids received by them for installation of storm sewer at the City flood wail and requesting City make payment of $51,944.15, presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Farreil. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farreil, Pratt. Nays--None. Absent--Council Member Felder- 538 Regular Session, December 7, 1981 Communication of City Manager submitting a proposed Grading, Drainage and Erosion Control Regnla- tions, presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Farreli. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady~ Farrell, Pratt. Nays--None. Absent--Council Member Felder- There being no further business, Council Member Pratt moved to ad- journ. Seconded by Council Member Farrell. Carried by the following vote: Yeas--Mayor King, Council Mem- bets Brady, Farrell, Pratt. Nays--None. Absent--Council Member Falder- Mary A. Davis City Clerk Approved_ __1982 Adopted 1982 Council Members ATTEST: City Clerk Special Session, December 16, 1981 CITY COUNCIL OFFICIAL Special Session, December 16, 198I. Council Met at 4:30 P.M. Present--Mayor King, Council Members Brady, Farrell. City Manager W. Kenneth Gearhart, Cor- poration Counsel R. N. Russo. Absent--Council Members Felder- man, Pratt. Mayor King read the call and stated that service thereof had been duly made and this Meeting is called for the purpose to ENTER INTO A CLOSED SESSION TO DISCUSS STRATEGY WITH COUNSEL IN A MATTER THAT IS PRESENTLY IN LITIGA- TION and acting upon such otber business which may come before the Council. At 4:30 p.m. Council Member Brady moved to go into Closed Session to discuss strategy with Counsel in a matter that is presently in litigation. Seconded by Council Member Farreli. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell. Nays--None. Absent--Council Member Felder- rf~n, Pratt. Council reconvened in Regular see- sion at 5:05 p.m. Mayor King announced that Cor- potation Counsel had been given direc- tion concerning litigation regarding negotiations. There being no further Council Member Brady moved to ad- journ. Seconded by Council Member Farrell. Carried by the following vote: Yeas--Mayor King, Council Mem- bets Brady, Farreli. Nays--None. Absent--Council Member Feider- man, Pratt. Mary A. Davis City Clerk Approved~ __1982 Adopted_ 1982 Council Members ATTEST: City Clerk Mayor 539 540 Special Session, December 21, 1981 CITY COUNCIL OFFICIAL Special Session. December 21, 198L 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 duly made and this Meeting is called for the purpose to conduct a Public Hearing to consider sale of city property to Schiltz Development Corp. and acting upon such other business which may properly come before the Council. Council Member Farrell moved that Action Item No. 8 be moved to the first order of business. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Council Member Brady moved to suspend the rules to let anyone pre- sent address the Council ff they so desire. Seconded by Council Member Farrell. Carried by the following vote: Yeas--Mayor King. Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Communication of P & Z approving final plat of Dubuque Industrial Center Second Addition. 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 Kingl Council Mem- bets Brady, Farrell, Felderman, Pratt. Nays--None. Mayor King commended former City Manager Gilbert Chavenelle on various projects started and com- pleted during his tenure as City Manager and read and presented him with a Proclamation and an honorary streot sign, signifying the designation of Chavenelle Road as the main road in the Dubuque Industrial Center on Radford Road. Mr. Chavenelle responded with sincere appreciation. RESOLUTION NO. 385-81 Resolution Approving the Plat of "Dubuque Industrial Center Second Addition" in the City of Dubuque, Iowa. WHEREAS, there has been filed with the City Clerk a plat of the Sub- division to be known as "Dubuque In- dustrial Center Second Addition" in the City of Dubuque, Iowa; and WHEREAS, upon said plat appears Lot 2 which the Owner by said plat has dedicated for use as a public roadway; and WHEREAS, said plat has been ex- amined by the City Planning and Zon- ing Commission and had its approval thereon; and WHEREAS, said plat has been ex- amined by the City Council and they find that the same conforms to statutes and ordinances relating thereto, except that the public street on Lot 2 has not been constructed; and WHEREAS, the City Council has approved plane and has contracted for the improvement of Lot 2 as a public street and, therefore, no additional security is required for its improve- ment and maintenance; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That the dedication of Lot 2 for public street purposes as the same appears upon said plat, be and the same is hereby accepted and that that portion of said Lot 2 located east of the right.of, way of Radford Road shall hereby be named and known as Chavenelle Road~ Section 2. That the plat of "Dubuque Industrial Center Second Addition" be and the same is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowo, upon said plat. Passed, adopted and approved this 21st day of December, 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. Proof of publication, certified to by the Publisher, of Notice of Public Hearing to consider sale of land to Special Sessior Schiltz Development Corp. in the amount of 53,640,00, 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. Farrell, Felderman, Pratt. Nays--None. RESOLUTION NO. 386-81 WHEREAS, pursuant to Resolution and published notice of time and place of hearing, published in the Telegraph- Herald, a newspaper Of general circula- tion, published in the City of Dubuque, Iowa on December 14, 1981, thecity Council of the City of Dubuque, Iowa met on the 21st day of December, 1981 at 7:30 o'clock P.M. (CST) 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 SCHILTZ DEVELOPMENT CORPORATION which real estate proposed for disposi- tion is described as follows, to-wit: Lot 1 of Lot 1 of the Subdivision of Lot 1 of the Southwest Quarter of Southwest Quarter of Section 28, Township 89 North, Range 2 East of the 5th P.M. in Dubuque County, 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, Iowa in the herelnabove described real estate to the above named SCHILTZ DEVELOPMENT CORPORATION: NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the disposal of in- terest by the City of Dubuque, Iowa in the hereinabove described real estate to SCHILTZ DEVELOPMENT COR- PORATION be and the same is hereby approved for and inconsideration of the payment of the sum of $3,640.00 as purchase price to be paid to the City of Dubuque, Iowa upon delivery of Quit Claim Deed and abstract of title. That the said conveyance shall be subject to and the City reserves unto itself a perpetual easement in, over and across December 21, 1981 541 said real estate for public utilities, together with~ and including, the right of ingress and egress therefrom for the purposes of repairing and maintaining sewer and public utilities. Section 2. That the City Clerk be and she is hereby directed to and autho~ ized to deliver deed of conveyance con- veying the above described real estate to the above-named grantee upon receipt of the purchase price in full Section 3. That the City Cierh be and khe 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, approved and adopted this 21st day of December, 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. Nays--None. Proof of publication, certified to by the Publisher, of Notice of Public Hearing to consider granting a perpetual easement for installation of electrical and transmission lines on right of way of the North West Arterial as requested by Interstate Power Company, presented and read. There were no written objections received and no oral objectors present at the time set for the Hearing. Council Member Farrell moved that the proof of publication be received and filed. Seconded by Council Member Pratt. Carried by the follow- ing vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. RESOLUTION NO. 387-81 Resolution Granting a Perpetual Ease- ment to Interstate Power Company for Right of Way on the North-West Arterial WHEREAS, Interstate Power Com- pany, a Delaware Corporation, has transmission and distribution facilities on the North-West Arterial, identified in red on Exhibit "A" at- tached to the Electric Easement Agreement; and 542 Special Session, December 21, 1981 WHEREAS, it has been necessary for the Interstate Power Company to relocate their facilities in order to ac- commodate the City's construction of the North-West Arterial; and WHEREAS, Interstate Power Com- pany previously had transmission and distribution facilities located on the right of way subsequently acquired by the City of the North-West Arterial. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor be authorized to sign an Electric Ease- ment granting Interstate Power Com- pany a perpetual easement for the loca- tion of transmission and distribution facilities on the North, West Arteria& such location as identified on Exhibit "A" which copy of Exhibit is attached to the Electric Easement Agreement. Passed, adopted and approved this 21st day of December, 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. RESOLUTION NO. 388.81 A Resolution Authorizing the Execu- tion of a Memorandum of Agreement with JELD-WEN FIBER PRO- DUCTS, INC. of Iowa. 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- structlon or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of any industry or industries for the manufacturing products or of any agricultural or manufactured products or of any commercial enterprise engag- ed in storing, warehousing or distributing products of agriculture, mining or industry, or of anational, regional or divisional headquarters facility of a company that does multiztate business; and WHEREAS, the Issuer has been re- quested by JELD-WEN FIBER PRO- DUCTS, inc. of Iowa (the "Company") to issue its revenue bonds pursuant to the Act for the purpose of financing the acquisition by construction or pur- chase of land, buildings, equipment and improvements suitable for use as a manufacturing facility (the "Project"), located within the Issuer; 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 Issuer under the terms of which the Issuer agrees, subject to the provi- sions of such Agreement, to pursue proceedings necessary under the Act to issue its revenue bonds for such put- pose; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the Section 1. The Memorandum of Agreement in the form and with the contents set forth in Exhibit A attach- ed hereto be and the same is hereby ap. proved and the Mayor is hereby authorized to execute said Memoran- dura of Agreement and the Clerk is hereby authorized to attest the same and to affix the seal of the Issuer thereto, said Memorandum of Agree- ment which constitutes and is hereby made a part of this Resolution to be in substantially the form, text and con- raining the provisions set forth in Ex- hibit A attached hereto. Section 2. Officials of the Issuer are hereby authorized to take such further out the intent and purpose of the Memorandum of Agreement. Section 3. That all resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict Passed and approved this 21st day of December, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk (Seal) EXHIBIT A MEMORANDUM OF AGREEMENT This Memorandum of Agreement is between the City of Dubuque, Iowa, (the "Issuer") and JELD-WEN FIBER PRODUCTS, Inc. OF IOWA (the "Company"). Special Session 1. Preliminary Statement. Alnong the matters of mutual inducement which have resulted in the execution of this Agreement are the following: (a) The Issuer is authorized by 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 of any commercial enterprise engaged in stor- lng, warehousing or distributing pro- ducts of agriculture, mining or in- dustry, or of a national, regional or divisional headquarters facility of a company that does muRistate business. lb) The Company wishes to obtain satisfactory assurance from the Issuer that subject to the public hearing re- quired by the Act such bonds will be issued by the Issuer in a principal amount sufficient to finance the costs of the acquisition by construction or purchase of land, buildings, equipment and improvements suitable for use as a manufacturing facility {the "Project")~ located within the Issuer. (c) The Issuer considers that the acT qnlsition and construction of the Pro- ject and the financing of the same will promote the welfare and prosperity of the Issuer and its citizens. 2. Undertakings on the Part of the (a) The Issuer will begin the pro- ceedings necessary to authorize the is- suance of such bonds, in an aggregate principal amount not to exceed $7,000,000. (b) Subject to due compliance with aH requirements of law, including the provisions of and the public hearing re- qnlred by the Act, it will cooperate with the Company, in the issuance and sale of such bonds, and the proceeds from the issuance of such bonds shah be loaned to the Company upon terms sufflcient to pay the principal of and interest and redemption premium, if any, on such bonds, as and when the same shall become due. 3. Undertakings on the Part of the Company. (a) It will use aH reasonable efforts to cooperate with the Issuer and com- ply with the Act and all other provi- sions of law relating to the Project and the issuance and sale of such bonds. (b) It will enter into a Loan Agree- merit with the Issuer under the terms December 21, 1981 543 of which the Company will obligate itself to pay to the Issuer sums suffi- cient to pay the principal of and in- terest and redemption premium, if any, on such bonds as and when the same shall become due and payable. 4. General Provisions. (a) All commitments on the part of the Issuer and the Company herein are subject to the condition that on or before three years from the date hereof (or such other date as shah be mutual- ly agreed to) the Issuer and the Com- pany shall have agreed to mutually ac- ceptable terms relating to the issuance and sale of such bonds. (b) The Company agrees that it reimburse the Issuer for all reasonable and necessary direct out-of-pocket exk penses which the Issuer may incur at its request arising from the execution of this Agreement and the perfor- mance by the Issuer of its obligation hereunder, whether or not such bonds are issued. (c) AH commitments of the Issuer hereunder are further subject to the conditions that the Issuer shah in no event incur any liability for any act or omission hereunder, and that such bonds described herein shall not con- stitute an indebtedness of the Issuer within the meaning of any consititu- tlonal or statutory provision and shah not constitute nor give rise to a pecuniary liability of the Issuer or a charge against its general credit or taxing powers. Dated this 21st day of December, 1981. Dubuque, Iowa By: D. Michael King Mayor ATTEST: Mary A. Davis City Clerk (Seal) JELD-WEN FIBER PRODUCTS, inc. of Iowa W. K. Schauermann (Seal) Council Member Pratt moved adop- tion of the Resolution, as amended. Seconded by Council Melnber Felder- man. Carried by the following vote: Yeas--Mayor King, Council Mem- bets Brady, Farrell, Felderman, Pratt. Nays--None. RESOLUTION NO. 389-81 Resolution fixing a date for hearing on proposed Industrial Development Revenue Bonds, Series 1981 (JELD- WEN FIBER PRODUCTS Project) 544 Special Session, December 21, 1981 WHEREAS, the City of Dubuque, in the County of Dubuque, State of Iowa (the "Issuer"), is an incorporated municipality authorized and em- powered 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 construction or purchase, land, buildings, im- provements and equipment or any in- retest therein, suitable for the use of a~y industry or industries for the manufacturing, processing or assembl- ing 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 JELD-WEN FIBER PRO- DUCTS, inc. if Iowa (the "Company"), an Iowa corporation, to issue its revenue bonds to finance the cost of the acquisition by construction or pur- chase of land, buildings, equipment and improvements suitable for use as a manufacturing facility (the "Project") located within the Issuer, which will promote the welfare of the Issuer and its citizens; and WHEREAS, it is proposed to finance the cost of the Project through the issuance of Industrial Development Revenue Bonds, Series 1981 (JELD-WEN FIBER PRO- DUCTS Project) of the Issuer in an ag- gregate principal amount not to ex- ceed $7,000,000 (the "Bonds") and to loan said amount to the Company under a Loan Agreement between the Issuer and the Company the obliga- tion of which will be sufficient to pay the principal of and redemption premium, if any, and interest on the Bonds as and when the same shall be due and payable; and WHEREAS, before the Bonds may be issued~ it is necessary to conduct a public hearing on the proposal to issue the Bonds, ail as required and provid- ed for by Section 419.9 of the Act; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the Issuer, as follows: Section 1. This Council shall meet at the Auditorium in Carnegie~Stout Public Library in Dubuque, Iowa, on the llth day of January, i982, at Z'30 o'clock, p.m., at which time and place a public hearing shall be held on the proposal to issue the Bonds referred to in the preamble hereof, at which hea~ lng all local residents who appear shall be given an opportunity to express their views for or against the proposal to issue the Bonds. Section 2. The Clerk 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 Telegraph-Herald, a newspaper published and having a general circula- tion within the Issuer. The notice shall be in substantially the following form: NOTICE OF INTENTION TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS SERIES 1981 (JELD-WEN FIBER PRODUCTS Project) The City Council of the City of Dubuque, Iowa, (the "Issuer") will meet on the 1 lth day of January, 1982, at the Auditorium in Carnegie-Stout Public Library, in Dubuque, Iowa, at 7:30 o'clock, p.m,, for the purpose of conducting a public hearing on the pro- posal to issue Industrial Development Revenue Bonds, Series 1981 (JELD- WEN FIBER PRODUCTS Project) of the Issuer, in an aggregate principal amount not to exceed $7,000,000 (the "Bonds"), and to loan said amount to JELD-WEN FIBER PRODUCTS, inc. of Iowa (the "Company"), an Iowa cor- poration, for the purpose of defraying the cost, to that amount, of the ac- quisition by construction or purchase of land, buildings, equipment and im- provements suitable for use as a manufacturing facility, to be located within the Issuer. The Bonds, when issued, will be Hmited obligations and will not constitute general obligations of the Issuer nor will they be payable in any mannner by taxation, but the Bonds will be payable solely and only from amounts received by the Issuer under a Loan Agreement between the Issuer and the Company, the obliga- tion of which will be sufficient to pay the principal of and interest and redemption premium, if any, on the Bonds as and when the same shah become due. At the time and place fixed for said public hearing aH local residents who appear will be given an opportunity to express their views for or against the proposal to issue the Bonds, and at the hearing or any adjournment thereof, Special Session December 21, 1981 545 the Issuer shall adopt a resolution determining whether or not to proceed with the issuance of the Bonds. By order of the City Council, this 21st day of December, 1981. Mary A. Davis City Clerk Section 3. All resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Passed and approved this 21st day of December, 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, Farrell, Felderman, Pratt. Nays--None. Communication of City Manager submitting bidding procedures for the Construction of the Resurrection Church Sanitary Sewer, presented and read. Council Member Felderman moved that the communication be received and filed. Seconded by Council Member Farrell. Carried by the follow- lng vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. RESOLUTION NO. 390-81 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the proposed plans, specs., form of contract and preliminary estimates including aH items of material and work required to construct the Resur- rection Church Sanitary Sewer, in the estimated amount of $140,081.91, be hereby approved and ordered filed in the office of City Clerk. Passed, adopted and approved this 21st day of December, 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, FarreH, Felderman, Pratt. Nays--None. Necessity For Improvement RESOLUTION NO. 391-81 WHEREAS; proposed plans have been duly prepared and approved by the City Council of the City of Dubu- que and are now on file in the office of the City Clerk showing among other things the plans, specifications, form of contract, estimated cost and preliminary plat and schedule showing the amount proposed to be assessed against each lot and the vaination of each lot as fixed by the City Council, for the Resurrection Church Sanitary Sewer. BE IT THEREFORE RESOLVED that the City Council deems it ad- visable and necessary for the public ~elfare to make the herein mentioned improvement, and unless property owners at the time of the final con- sideration of this proposed resolution have on file with the City Clerk objec- tions to the resolution of necessity, they shall be deemed to have waived all objections pertaining to the regularity of the proceeding and the legality of using the special assess- ment procedure. Said improvements shah be con- structed and done in accordance with the plans and specifications which have been approved by the City Coun- cil and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed partially or totally against privately owned property lying within the assessment limits, and in an amount not to exceed that provided by law, and in proportion to the special benefits conferred. The portion of the cost which shah be borne by the City will be paid from the Sanitary Sewer Construction Fund, and special assessment bonds may be issued in anticipation of defer- red payments of assessments when a contract has been performed and ac- cepted, and the proceeds thereof used to pay the contractor. The above resolution was introduc- ed, approved and ordered placed on file with the City Clerk this 21st day of December, 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 546 Special Session, December 21, 1981 by Council Member Farrell. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrefi, Felderman, Pratt. Nays--None. RESOLUTION NO. 392-81 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the attached sheet is hereby determined to be the schedule of proposed assessments for the Resu~ rection Church Sanitary Sewer and the valuations set out therein~ are hereby approved. Passed, approved and adopted this 21st day of December. 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, Farrell, Felderman, Pratt. Nays--None. (Fixing Date oI Hearing) RESOLUTION NO. 393-81 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- fice of the City Clerk for public inspec- tion, for the Resurrection Church Sanitary Sewer, 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- spectinn. NOW, THEREFORE, BE IT RE- SOLVED, that on the 18th day of January, 1982, a public hearing will be held at 7:30 o'clock p.m. in the Auditorium at Carnegie-Stout Public Library in the City of Dubuque at which time the owners of property sub- ject to assessment for the proposed improvement or any other person hay- lng an interest in the matter may ap- pear and be heard for or against the making of the improvement, the boun- daries of the district, the cost, the assessment against any lot, or the final adoption of a resolution of necessity, and the City Clerk be and is hereby authorized and directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published once each week for two consecutive weeks, the first publica- tion of which shall be not less than ten days prior to the day fixed for its con- sideration. Unless property owners at the time of the final consideration of this proposedresointion have on file with the City Clerk objections to the resolution of necessity they shah be deemed to have waived all objections thereto. Passed, adopted and approved this 21st day of December, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Felderman moved adoption of the Resolution. Seconded by Council Member FarreH. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, FarreH, Felderman, Pratt. Nays--None. Communication of P & Z Commis- sion approving amendment to Zoning Ordinance providing lot area re- quirements for Group Homes in aH Residential and Office Reside~ial Districts, presented and read. Council Member Felderman moved that the communication be received and filed. Seconded by Council Member Farrell. Carried by the follow- lng vote: Yeas--Mayor King, Council Mom- bers Brady, Farrell, Felderman, Pratt. Nays--None. AN ORDINANCE Amending Code of Ordinances by enacting new Sec- tions 4-105.4, 4-106.4, 4-107.4, 4-108.4 and 4-109.4 and 4-106.3 of Article IV thereof by enacting a new minimum re- quired lot area in square feet for Group Homes in Residential Districts classified as R-2, R-3, R-4, R-5 and OR-l, presented 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 Special Session by Council Member Farreil. Carried by the following vote: Yeas--Mayor King, Council Mem- bets Brady, Farrell, Felderman, Pratt. Nays--None. Council Member Felderman moved that a Public Hearing be held on the Ordinance on Jan. 11, 1982 at the Public Library Auditorium and that the City Clerk be instructed to publish notice of the Hearing in the manner required by law. Seconded by Council Member Farrell. Carried by the follow- ing vote: Yeas--Mayor King, Council Mem- bers Brady, Farreli, Felderman, Pratt. Nays--None. Petition of Gene F. Sullivan Proper~ ties requestng permission to demolish the building located at 75 W. 17th St., formerly the Girls' Club, presented and read. Mr. Sullivan spoke to the petition re- questing speedy handling of this mat- ter as there is danger with this proper- ty standing empty, also, that the City consider waiving the $1,000,000 liahili- ty insurance. Council Member Pratt moved that the petition be received and filed and referred to the Historic Preservation Commission. Seconded by Council Member Felderman. Carried by the following vote: Yeas--Mayor King, Council Mem- bets Brady, Farreil, Felderman, Pratt. Nays--None. Communication of City Manager submitting recommended action to be taken regarding the petition of Gene F. Sullivan, presented and read. Council Member Pratt moved that the communication be received and filed and demolition be approved, sub- ject to approval of Historic Preserva- tion Commission. Seconded by Council Member Felderman. Carried by the fo]lowing vote: Yeas--Mayor King, Council Mem~ bers Brady, Farreil, Felderman, Pratt. Nays--None. Petition of Robert P. Clark et al (34 signers) requesting widening of in- tersections of Peru Rd. and Valley Rd. to allow for a turning lane up Valley Rd., presented and read. Council Member Pratt moved that the petition be received 'and filed and referred to the City Manager to report back at the earliest convenience. Seconded by Council Member Felder- man. Carried by the following vote: Yeas--Mayor King, Council Mem- December 21, 1981 547 bers Brady, Farrell, Felderman, Pratt. Nays--None. Petition of Robert P. Clark et al (32 signers) requesting widening of in- tersections of Peru Road and Sheridan Road to allow for a turning lane up Sheridan Road, presented and read. Council Member Pratt moved that the petition be received and filed and referred to the City Manager to report back at the earliest convenience. Seconded by Council Member Felder. man. 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 Receipt of Bids for Fire Apparatus for City of Dubuque, presented and read. Council Member Farreil moved that the proof of publication be received and filed. Seconded by Council Member Pratt. Carried by the follow- ing vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Communication of City Manager recommending awarding bid for Fire Apparatus to W.S. Darley & Company in the amount of $99,990.00 and re- questing Council approval, presented and read. Council Member Farreli moved that the communication be received and filed and approved awarding of bid. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. RESOLUTION NO. 394-81 Resolution to proceed with the is- suance and sale of Industrial Develop- ment Revenue Bonds (Nesler Center Project) Series 1981, in an amount not to exceed $1,000,000. WHEREAS, the City of Dubuque, Iowa, (hereinafter referred to as the "City") is a municipal corporation and political subdivision of the State of Iowa, and is authorized and em- powered by Chapter 419 of the Code of Iowa, as amended, (hereinafter refer- red to as the "Act"), to issue In- dustrial Development Revenue Bonds and loan the proceeds from the sale of said Bonds to one or more parties to be used to defray all or a portion of the cost of acquiring, improving and equipping a "Project" as that term is 548 Special Session, December 21, 1981 defined in the Act. for the use of a com- mercial enterprise which the City finds is consistent with its urban renewal plan for a qualified urban renewal area, for the purpose of securing and developing industry and trade within or near the City in order to create jobs and employment opportunities and to improve the economic welfare of the residents of the City and of the State of Iowa; and WHEREAS, the City has made the necessary arrangements with Fred A. Nesler IV (the "Borrower") for Bor- rower to commence with the acquisi- tion, renovation, improving and equip- ping of an office and retail building (the "Project") to be located in and consistent with the Urban Renewal Plan for an area of the City which has been designated as an urban renewal area, which Project will be owned and operated by Borrower and leased to tenants of the Project; 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 surroun- ding area with the resulting benefits therefrom including alleviation of unemployment, increased employ- merit, an increase in payrolls and other public benefits which will add to the welfare and prosperity of the City and its inhabitants; and WHEREAS, notice of intention to issue Industrial Development Revenue Bonds (Nesler Center Pro- jec~) Series 1981, in an amount not to exceed $1,000,000, has, as directed by the Council of the City, been duly given in compliance with the Act; and WHEREAS, a public hearing has been held on the proposal to issue such Bonds at the time and place as specified in said notice and all objec- tions or other comments relating to the issuance of such Bonds have been heard. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. That it is hereby dete~ mined that it is necessary and ad- visable that the City proceed with the issuance of Industrial Development Revenue Bonds (Nesler Center Project) Series 1981, of the City in an amount not to exceed $1,000,000, as authorized and permitted by the Act to finance the cost of the Project to that amount. Section 2. That all objections and comments relating to the issuance of such Bonds have been heard and all such objections are hereby overruled. Section 3. That 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 the sale of the Bonds. Section 4. That the City Attorney shall reveiw and approve all agreements to be entered into in con- nection with the issuance of the Bonds, and, after completion of arrangements by the Borrower for the sale of the Bonds, this Council shall consider pro- ceedings for the approval of such agreements and the final authorize, tion, approval and issuance of the Bonds. Section 5. That all resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 6. That this Resolution shall become effective immediately upon its passage and approval Passed and approved this 21st day of December, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk (Seal) Council Member Felderman moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Council Members Brady, Far- rell, Felderman, Pratt. Nays--None. Abstain--Mayor King. RESOLUTION NO. 395-81 WHEREAS, the City of Dubuque, Iowa, has negotiated with the Dubu- que Area Chamber of Commerce to provide professional services for the expressed purpose of aiding the City of Dubuque to maintain an economically viable community by en- couraging prlvato sector development which produces jobs for the unemployed and expands job oppor- tunities for persons of low and moder- Special Session December 21, 1981 ate income; and WHEREAS, a copy of said Agree- ment is hereto attached and by reference made a part thereof; NOWi THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Agreement by and between the City of Dubuque, Iowa, and the Dubuque Area Chamber of Commerea be and the same is hereby approve& Section 2. That the Mayor and the City Clerk, be and they are hereby authorized and directed to execute said Agreement for and on behalf of the City of Dubuque, Iow~ Passed, approved and adopted this 21st day of December, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adop- tion of the Resolution, approving the agreement to the end of the fiscal year ending June 30~ 1982. Seconded by Council Member Felderman. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. ORDINANCE NO. 70-81 AN ORDINANCE AMENDING THE CODE OF ORDINANCES FOR THE CITY OF DUBUQUE, IOWA, BE REPEALING SECTION 2-1, SEC- TION 2-20, SECTION 2-21, SECTION 2-34, SECTION 2-35 AND SECTION 2-81 THEREOF AND ENACTING A NEW SECTION 2-1, SECTION 2-20, SECTION 2-21, SECTION 2-34, SEC- TION 2.35 AND SECTION 2-81 IN LIEU THEREOF PROVIDING FOR COUNCIL MANAGER WARD FORM OF GOVERNMENT, THE COMPOSITION OF COUNCIL COMPENSATION FOR THE MAYOR AND COUNCIL MEM- BERS, A QUORUM TO DO BUSI- NESS, CALLING MEETING TO ORDER AND PROVISIONS FOR A MAYOR PRO-TEM, said Ordinance having been referred from the meeting of Nov. 16, 1981, presented and read. Council Member Pratt moved that this reading be considered the first reading of the Ordinance. Seconded by Council Member Farrell. Carried by the following vote: 549 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, Farreil, Felderman, Pratt. Nays--None. ORDINANCE NO. 70-81 AN ORDINANCE AMENDING THE CODE OF ORDINANCES FOR THE CITY OF DUBUQUE, IOWA, BY REPEALING SECTION 2-1, SECTION 2-20, SECTION 2~21, SECTION 2-34, SECTION 2-35 AND SECTION 2-81 THEREOF AND ENACTING A NEW SECTION 2-1, SECTION 2~20, SEC- TION 2-21, SECTION 2-34, SECTION 2-35 AND SECTION 2-81 IN LiEU THEREOF PROVIDING FOR COUN- CIL-MANAGER-WARD FORM OF GOVERNMENT, THE COMPOSI- TION OF COUNCIL, COMPENSA- TION FOR THE MAYOR AND COUNCIL MEMBERS, A QUORUM TO DO BUSINESS, CALLING MEET- iNG TO ORDER AND PROVISION FOR A MAYOR PRO TEM. 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 be amended by repealing Section 2-1, and enacting a new Section 2-1 in lieu thereof as follows: "Sec. 2-1. Form of Government. The form of government of the City is the CounclI.Manoger-Ward form." Section 2. That the Code of Ordi- nances of the City of Dubuque be amended by repealing Section 2-2O, and enacting a new Section 2-20 in lieu thereof as foBows: "Sec. 2-20. Composition; Terms. The City Council consists of a Mayor and two Council Members elected at large, and one Council Member elected from each of the four wards. The Mo¥or and other CouncB Mem- bers serve four-year staggered terms. The Mayor is a member of the City Council and may vote on all matters before the Council." Section 3. That the Code of Ordi- nances of the City of Dubuque be amended by repealing Section 2-21, and enacting a new Section 2-21 In lieu thereof as follows: "Sec. 2-21. Compensation. The compensation fo~ the Mayor shall be three thousand, five hundred dol- lars ($3,500.00) per annum. The com- pensation for the Council Members shall be three thousand dollars (S3,000.00) per onnum." Section 4. That the Code of Ordi- nances of the City of Dubuque be amended by repealing Section 2-34, ond 55O enacting a new Section 2-34 in lieu thereof as follows: "Sec. 2-34. Quorum. Atoll meetings of the Council four (4) members shall constitute a quorum to do business, but a lesser number may adiourn from day to day." Section $~ That the Code of Ordi- nances of the City of Dubuque, be amended by repealing Section 2-35, and enacting a new Section 2-35 in lieu thereof os follows: "Section 2-35. Calling Meetin~ to Order; Selection of Chairperson. At the hour of the meeting, the mem- bers sholl be called to order by'the Mayor, or, in his absence, bY the Mayor Pro Tern. The City Clerk shall proceed to call the roll, note the absentees and announce whether a quorum is present. If made necessary by the absence of the Mayor and Mayor Pro Tern, the members may select one of their number chairper- son for the occasion." Section &. That the Code of Ordi- nances of the City of Dubuque be amended by repealing Section 2-81, and enacting a new Section 2-81 in lieu thereof as follows: Sec. 2-81. Election; Terms. The City Council shall elect one of its members as Mayor Pro Tern." Passed, ooDroved and adopted this 21st day of December, 1981. ATTEST: D. Michael King Mary A. Davis Mayor City Clerk Published offJclal!v in the Telegraph Herald newspaper this 31st qoy at December, 1981. Mary A. Davis It 12/31 City Clerk Council Member Pratt moved adop- tion of the Ordinance, as amended. Seconded by Council Member FarrelL Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. ORDINANCE NO. 71-81 AN ORDINANCE AMENDING THE CODE OF ORDINANCES FOR THE CITY OF DUBUQUE, IOWA, BY RE- PEALING CHAPTER 12 THEREOF, AND ENACTING A NEW CHAPTER 12 IN LIEU THEREOF TO PROVIDE FOR THE ESTABLISHMENT OF PRECINCTS AND WARDS AND THE DESIGNATION OF POLLING PLACES WITHIN THE CITY OF DUBUQUE, IOWA, presented and Council Member Farrell moved that the reading just had be considered the first reading of the Ordinance. Second- ed by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farreil, 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 Special Session, December 21, 1981 taken, be dispensed with. Seconded by Council Member Pratt. Carried by the foilowibg vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. ORDINANCE NO. 71-81 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING CHAPTER 12 THEREOF, AND ENACTING A NEW CHAPTER 12 iN LIEU THEREOF TO PROVIDE FOR THE ESTABLISH- MENT OF PRECINCTS AND WARDS AND THE DESIGNATION OF POLL- ING PLACES WITHIN THE CITY OF DUBUQUE, IOWA. 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 repealing Chapter 12 thereof, and adding a new Chapter 12 thereof to read as follows: CiTY OF DUBUQUE CODE OF ORDINANCES CHAPTER 12 ELECTIONS ARTICLE L IN GENERAL Section 12-1. Definitions and rules of construction. For the purposes of this chapter, unless the context otherwise requires, the following definitions and rules of construction shall be applied: Clly includes all lerrltory within the car- Special Session, December 21, 1981 551 of the city in more than one precinct or ward established bv this chapter, the commissioner pt elections shall assign that territory to an adjacent precinct or word within the proper representative district. The commissioner of elec- tions may also correct obvious clerical errors in this chapter. Sections 12-3 through 12-15, Reserved. ARTICLE Ii PRECINCTS Section 12-16, City divided into twenty- four precincts. The city is hereby divided into twenty-four (24) precincts as described in this article. Section 12.17. First Precinct. Ca) Ared encompassed. The First Precinct of the city shah consist of that territory hounded bv a line as follows: Beginning at the intersection of the north corporate Hmits and the east bna of Sec. 1, TB9N - R2E - 5PM; south along said line and the east line of Sec. t2, T89N - R2E - 5PM to the north boundary of Prairie Heights Subdivi- sion; first west then in a counter clockwise manner along said bound- arv to the east line of said Sec. 12; south along said line to the south line of said Sec. 12; west along the south line of said Sec, 12 and David Street to Sheridan Road; south along Sheridan Road to Lawther Street; southwest and northwest along Lawther Street to East 29th Street; southwest along East 29th Street to the center line of the Chicago and Northwestern Transpor- trlct. city: U.A.W. Local 94, 3450 Central. Sec. 13, T89N - R2E - 5PM of the inter- section of said line with a northwest- along the center of Lake Peosta Chan- of beginning, ali of which is a part of the Thirty-sixth Representative Dis- trict, Cb) Polling place. The following is hereby established.as fha poll- ing ce for the Second Precinct of the city: Holy Trinity School, 1703 Rhom- berg. Section 12-19. Third Precinct. (a) Area encompassed. The Third ~recinct of the city shall consist of that territory bounded by a line as follows: Beginning at the intersection of Fengler Street and the Milwaukee Railroad tracks, WhiCh is a point on the boundary of the Second Precinct, southwest along said tracks to a south- easterly extension of Stafford Street; northwest along said extension to Garfield Avenue; southwest along Garfield Avenue to Kniest Street; northwest along Knlest Street to East 22nd Street; northeast along East 22nd itreet to Prince Street; northwest along prince Street to Regent Street; northeast along Regent Street to Queen Street; northwest along Queen Street to Henry Street; northeast along Henry Street to Windsor Avenue; south along Windsor Avenue to Merz Street; east along Metz Street to Staf- ford Street; north along Stafford Street to pleasant Street; east along Pleasant Street to Viola Street, south along Viola Street to Merz Street; east along Metz Street to Riverview Street; northeast along Riverview Street fo (a) Area encompassed. The Fourth Henry Street and Marguette Place the Third Precinct; northwest aJong melt's Bluff to the intersection pt a and along East 27th Street to the cen- ter line of the Chicago and Northwest- ern Transportation Company right-of- along the boundaries of the First, Sec- 552 Special Session, December 21, 1981 Windsor Avenue. Section 12-21. Fifth precinct. (a) Area encompassed. The Fifth Precinct of the city shah consist of that territory bounded by a line as follows: Beginning at the intersection of East Twenty-seventh Street and the center line of the Chicago and Northwestern Transportation Company right-of- Way, which is a point on the boundary of the Fourth Precinct; first north then in a counterclockwise manner along the boundary of the Fourth and First Precincts and the corporate limits to the west line of Sec. 11, T89N R2E - 5PM; south along said Section line and the west line of Sec. ]4, T89N - R2E - 5PM to West 32nd Street; east along West 32nd Street to Saunders Street, southwest along Saunders Street to Davenport Street; southeast along Davenport Street to West 28th Street; west along west 28th Street to Broadway Street; southeast along Broadway Street to Diagonal Street; east along Diagonal Street to Central Avenue; northwest along Central Ave- nue to East 26th Street; northeast along East 26th Street to White Street; northwest along White Street to East 27th Street; northeast along East 27th Street to the place of beginning, all of which is in the Thirtwfifth Represen- tative District. (b) Polling place. The following place is hereby established as the poll- ing place for the Fifth Precinct of the city; Fire Station NO. 3, Thirty-second- Street and Central Avenue. Section 12-22. Sixth precinct, (a) Area encompassed. The Sixth Precinct of the city shall consist of that territory bounded by a line as follows: Beginning at the intersection of Broadway Street and King Street, which is a point on the boundary of the Fifth Precinct, first southeast then in a clockwise manner along the boundaries of fha Fifth, Fourth and Third Precincts to C~arfield Avenue; southwest along Garfield Avenue and East 20th Street to Central Avenue; northwest along Central Avenue to West 23rd Street; southwest along West 23rd Street to Valeria Street; northwest along Valerio Street to vacated Lewis Street; northwest along vacated Lewis Street to Fulton Street; northwest along Fulton Street to King Street; northeast along King Street to the place of beginning, all of which is a part of the Thirty-sixth Reoresenta- tire District, Cb) Polling place. The following place is hereby established as the poll- ing place for the Sixth Precinct of the city: Fulton School, 2540 Central Ave- nue. Section 12-23, Seventh Precinct. (a) Area encompassed. The Seventh Precinct shall consist of that territory bounded by a line os follows: Beginning at the intersection of East 20th Street and Central Avenue, which is o point on the boundary of the Sixth Precinct, first northeast then in a clockwise manner along the boun- daries of the Sixth, Third and Second Precincts and the corporate limits to a northeasterly extension of Railroad Avenue; southwest along said exten- sion and alang Railroad Avenue to South Locust Street; north along South Locust Street to Dodge Street; west and southwest along Dodge Street to the southwest property line of Lot 2-8 of City Lot 598; northwest along said line and the southwest property lines of Lot 9 of City Lot 598 and Lot 2 of City Lot 694 to the northwest corner of Lot 2 of City Lot 694; northeast along the northwest property line of Lot 2 of City Lot 694 to the southwest boundary of Saint Raphael's Addition; north- west along said boundary to West 3rd Street; northeast along West 3rd Street to Bluff Street; northwest along Bluff Street to West 10th Street; northeast along West 10th Street to Main Street northwest along Main Street to West 13th Street; northeast along West 13th Street to Central Avenue; northwest along Central Avenue to the place of beginning, all of which is part of the Thirty*sixth Representative District. (b) Polling place. The following place is hereby established as the Doll* ina place for the Seventh Precinct of the citv: Dubuque Countv Courthouse, 720 Central Avenue. Sect on 12-24. Eighth Precinct. (a) Area encomlx~ssed. The Eighth Precinct of the city shall consist of that territory bounded bv a line as follows: Beginning at the intersection of Main Street and West 13th Street, which is a point on the boundary of fhe Seventh Precinct; first northeast then in o counterclockwise manner along the boundaries of the Seventh and Sixth Precincts to Volerlo Street; northwest along Valeria Street to Kaufmann Avenue; southeast along Kaufmann Avenue to Hempstead Street; south along Hemostead Street to Lowell Street; east along Lowell Street to Schroeder Street; south along Schroeder Street to Clarke Drive; east along Clarke Drive to Foye Street; south along Fore Street to West Locust Street; west along West Locust Street to Pierce Street; south along Pierce Street to Angella Street; northeast along Angella Street to Catherine Street; southeast along Catherine Street fo West 17th Street; northeast along West 17th Street to West Locust Street; southeast along West Locust Street to Locust Street; southeast along Locust Street to West 14th Street; northeast along West 14th Street to Main Street; southeast along Main Street to the place of beginning, all of which is a part of the Thirty- sixth Representative District. (b) Polling place. The following place is hereby established as the poll- ing place for the Eighth Precinct of the city: St. Matthew Church, 1780 White Street. Section 12.25. Ninth Precinct. (a) Area encompassed. The Ninth Precinct of the city shall consist of that territory bounded by a line os follows: Beginning at the intersection of Cath- erine Street and West 17th Street, Special Sessioe December 21, 1981 553 which is a point on the boundary of the Eighth Precinct; first northeast then in a clockwise manner along the boundaries of the Eighth and Seventh precincts to West 9th Street; south- wesl along West 9th Street and along Universitv Avenue to Center Place; northwest along Center Place to Rose Street; southwest along Rose Street to Belmont Street; northwest along Bel- mont Street to LORDS Blvd.; northeast along Loras Blvd. to Cox Street; norhlwes~ along Cox Street to West 17th Street; northeast 'along West 17th Street to the place of beginning, oil of which is a part of the Thirty-sixth Representative District. (b) Polling place. The following place is herebv established as the Doll- ing place for the Ninth Precinct of the city: Amalgamated Meat Cutters Union Building, 1111 Bluff Street. Section 12-26, Tenth Precinct. (a) Area encompassed. The Tenth Precinct of the city shall consist of that territory bounded by a line as follows: Beginning at the intersection of Loras Blvd. and Belmont Street, which is o point on the boundary of the Ninth Precinct; first southeast then in a clockwise manner along the boun- daries of the Ninth and Seventh Pre- cincts to West 3rd Street; southwest and northwest along West 3rd Street to Hill Street; southwest along Hill Street to Langworthy Street; north- west along Langworthy Street to Col- lege Street; north aloha College Street to West 5th Street; northwest along Wes~ 5th Street to Delhi Street; north- east along Delhi Street to University Avenue; west along University Ave- nue to Wood Street; northwest along Wood Street to Loras Blvd.;'northeast along LOrdS Blvd. to the place of begJnnieg, all of which is a part of the Thirty-sixth Representative District. (b) Polling place. The following place is hereby established as the Palp leg Place for the Tenth Precinct of the city: Lincoln School, ~101 West 5th Street. Section 12.27, Eleventh Precinct. (a) Area encompassed. The Eleventh reclnct of the city shall consist of that ~)~rritor¥ bounded bva line as follows: Beginning pt the intersection of Col- lege Street and West 3rd Street, which is a point on the boundary of the Tenth Precinct, southwest along West 3rd Street to North GrandvJew Avenue; southeast along North Grandview Avenue and along South Grandview Avenue to Whelan Street; southwest along Whelan Street to Bradley Street; southeast along Bradley Street to Rider Street; northeast along Rider Street to South Grondview Avenue; south along South Grandview Avenue to Bryant Street; north along Bryant Street to Mt. Loretta Avenue; south~ northwest property line of Lot 1-3 of to Sooth Locust Street, which is a point on the boundary of the Seventh Precinct; first northwest then in o counterclockwise manner along the boundaries of the Seventh and Tenth Precincts to the place of beginning, al~ of which is a part of the Thirty- sixth Representative District. (b) Polling place. The following place is hereby established as the Doll- ing place for the Eleventh Precinct of the city: YMCA-YWCA, Dodge & Booth Streets. Section 12.28. Twelfth Precinct. (a) Area encomcossed. The Twelfth Precinct of the city shall consist of that territory bounded by a Hne os follows: Beginning pt the intersection of Mt, Loretta Avenue and the northwest property line of Lot 1-3 of Mineral Lot 45, which is a point on the boundary of the Eleventh Precinct; first northeast then in a clockwise manner along the boundaries of the Eleventh and Seventh Precincts and along the cor- porate limits to U.S. Hwy. 151-61; north along said U.S. Hwy. 151-61 to Marlo Hilts Road; southwest and northwest along Maria Hills Road to Rockdaie Road; north along Rockdale Rood to Southern Avenue; northerly along Southern Avenue to Sullivan Street; northwest along Sullivan Street to Levi Street; southwest along Levi Street to English Lane; north- west along English Lane to Mt. Loretto Avenue; northwest along Mt. Loretta Avenue to the alace of begin- nip, all of which Js a Dart of the Thirty-sixth Representative District. (b) Polling place. The following place is hereby established as the palp lng place for the Twelfth Precinct of the city; St. Elias the Prophet Greek Orthodox Church, 1075 Rockdale Road. Section 12.29 Thirteenth Precinct. (a) Area encompassed. The Thir- teenth Precinct of the city shall consist of that territory bounded bY a Hne as follows: Beginning at the intersection of Rockdale Road and Maria Hills Rood, which is o point on the boundary of the Twelfth Precinct; first southeast then in a clockwise manner along the boundary of the Twelfth Precinct and the corporate limits to Dodge Street (Hwy. 20 West); northeast and east along Dodge Street to Cedar Cross Rood (old Hwv. 20); south along Cedar Cross Road to the Illinois Central Gulf said tracks to Rockdale Road; north- the Thirty-fifth Representative Dis- trlct. Street and North Grandvlew Avenue, a 554 Special Session, December 21, 1981 Precinct; first southeast then in a clockwise manner along the boun- daries of the Eleventh, Twelfth and Thirteenth Precincts to Dodge Street; east along Dodge Street to South Algona Street; northeast along South A[gona Street and Algona Street to Hale Street; east along Hale Street to the place of beginning, all of which Js a Dart of the Thirty-fifth Representa- tive District. (b) Polling place. The following place is hereby.established as the Doll- ing place for the Fourteenth Precinct of the city~ Washington Jr. High School, 51 N. Grandview Avenue. Seclion 12-31. Fifteenth Precinct. (a) Area encompassed. The Fifteenth Precinct of the city shall consist of that territory bounded by a line as follows: Beginning at the intersection of Hale Street and Algona Street, a point on the boundary of the Fourteenth Pre; cinct, west along Hale Street to the east line of Lot 1-1-2 of Mineral Lot 156, north along said line to the south boundary of Ann O'Hare's Subdivi* sion; first west then in a clockwise manner along the boundary of Ann O'Hare's Subdivision to the intersec- tion of Banner Street and McCormick Street; north along McCormick Street to Mineral Street; west along Mineral Street to O'Hagen Street, north along O'Hagen Street to Pearl Street; wes- t and southwest along Pearl Street to Pinlev Street; northwest along FJnteY Street to University Avenue; north- east along University Avenue to Asbury Rood; northwest along Asbury Rood to Clarke Drive; east along Clarke Drive to Bunker Hill Road; north along Bunker Hill Road to Fair- way Drive; east along Fairway Drive to North Grandview Avenue; north along North Grandview Avenue to the north boundary of Pfohl*s Subdivi- sion; east along said boundary to Clarke Drive; south along Clarke Drive to West Locust Street, northeast along West Locust Street to the east boundarv of Dubuque High School; southeast along said boundarv to Rosedale Avenue; southwest along Rosedale Avenue to North Grandview Avenue; west along North Grandview Avenue to Auburn Street; south along Auburn Street to Loras Blvd.; north- east along LorDs Blvd. to Wood Street, a point on the boundary of the Tenth Precinct; first south then in a clock- wise manner along the boundaries of the Tenth, Eleventh and Fourteenth Precincts to the place of beginning, all of which is a part of the Thirty- fifth Representative District. (b) Polling place. The following place is hereby established as the poll- ing place for the Fifteenth Precinct of the city: Fire Station NO. 4, Universitv Precinct; first southeast then in o clockwise manner along the boun- daries of the Eighth, Ninth; Tenth and Fifteenth Precincts to West Locust Street; northeast along West Locust Street to the east boundary of Clarke College, north along said boundary to Clarke Drive, west along Clarke Drive to the southwest boundary of Clarke Crest Estates Subdivision, first north in a counterclockwise rhanner along said boundary fo North Grandview Avenue; north along Grandview Avenue and the west fork of North Grondvlew Avenue to Kauf- mann Avenue; easterly along Kauf- mann Avenue to the place of beginning, ail of which is a part of the Thirty-fifth Representative District. (b) Polling place. The following 01ace is hereby established as the Doll- ing place for the Fourteenth Precinct of the city: Loras College Science Hall, 1750 Alta Vista Street. Section 12-33. Seventeenth Precincl. (a) Area encompassed. The Seven- teenth Precinct of the city shall consist of that territorv bounded bva line as follows: Beginning at the Intersection of West 32nd Street and North Grandview Ave- nue, a point on the boundary of the Fifth Prec.inct; first east then in a clockwise, manner along the boun- daries of the Fifth, Sixth, Eighth and Sixteenth Precincts to North Grand- view Avenue; north along North Grandview Avenue to the place of beginning, all of which is a part of the Thirty-fifth Representative Dis- trict. (b) Polling place. The following >lace is hereby established as the poll- ing place for the Seventeenth Precinct of the city: Wahlert High School, 2005 Kane Street. Section 12-34. Eighteenth Precinct. (a) Area encompassed. The Eigh- teenth Precinct of the city shall consist of that territory bounded by a line as follows: Beginning pt the intersection of West J2nd Street and North Grandvlew Ave- nue, a point on the boundary of the Seventeenth Precinct, first south then in a clockwise manner along the boundaries of the Seventeenth, Six- teenth and Fifteenth Precincts to Asbury Road; northwest along Asbury Road to Carter Road; north along Carter Road to West 32nd Street; along West 32nd Street to the place of beginning, all of which is a part of the Thirty-fifth Representative District. (b) Polling place. The following place is hereby estalished os the pail- lng place for the Eighteenth Precinct of the citv: Wahlert High School, 2005 Kane Street. . Section 12-35. Nineteenth Precinct. (a) Area encompassed. The Nine- teenth Precinct of the city shall consist Of that territory bounded by a line as follows: Beginning at the intersection of bury Road and Wilbricht Lane, a point on the boundarv of the Fifteenth Precinct; first southeast then in a c~ockwlse manner along the boun- Special Session, December 21,1981 555 dories of the Fifteenth and Fourteenth Precihcts to a point on Dodge Street lying due south of the intersection of Pennsylvania Avenue and Van Burgh Street; due north to said intersection; east along Pennsylvania Avenue fo the west boundary of Flora Park; first north then in a clockwise manner along said boundary Io Wilbricht Lane; east along Wilbrichf Lone to the place of beginning all of which is a party of the Thirty-fifth Representa- tive Districl. (b) Polling place. The following place is hereby established as the poll- ing place for the Nineteenth Precinct of the city: Irving School, 2520 Pennsylva- nia Avenue. Section 12.36. Twentieth Precinct. (a) Area encompassed. The Twen- tieth Precinct of the city shall consist of that territory bounded by o line as follows: Beginning at the intersection of Chur- chill Drive and Pennsylvania Avenue, a point on the boundary of the Nine- teenth Precinct; north along Churchill Drive to St. Anne Drive; west along St. Anne Drive to Carter Road; north along Carter Road to Hillcrest Road; west along Hiilcrest Road and Hill- crest Road South to John F. Kennedy Road; north along John F. Kennedy Road to Keyway Drive; southwest along Key Wa',' Drive to West Way; west along West Way to Graham Cir- cle; southwest along Graham Circle to St. John Drive; south along St. John Drive to Hillcrest Road; east along Hillcrest Road to Key Way Drive; south along Key Way Drive to Key- mont; west along Keymont to Vizo- Iaea Drive; south along Vizaleea Drive to Pennsylvania Avenue; east along Pennsylvania Avenue to Sylvan Drive; south along Sylvan Drive and a southerly extension of Sylvan Drive to the illinois Central Gulf Railroad tracks; southeast along said tracks to Dodge Street (Hwy. 20 west), a point on the boundary of the Thirteenth Pre- cinct, first northeast then in a coun- terclockwise manner along the boundaries of the Thirteenth, Four- teenth and Niheteenth Precincts to the place of beginning, all of which ls a ~art of the Thirty-fifth Representative District. (b) Polling place. The following lace is hereby established as the poJJ- J~n~g place for the Twentieth Precinct of ~l~e city; Luther Manor Nursing Home, 3131 Hillcrest Road. Section 12-37. TwenlY-ftrst Precinct. (a) Area encompassed. The Twenty- first Precinct of the city shall consist o1 that territory bounded by a line as follows: Beginning at the intersection of Carter Road and Karen Street, a Point on the boundary of the Eighteenth Precinct; first south then In a clock- wise manner along the boundaries of the Eighteenth, Fifteenth, Nineteenth and Twentieth Precincts to the inter- section of Kev Way Drive and John F. Kennedy Road, north along John F. Kennedy Road to Asbury Road; south- east along Asburv Road to Crissv Drive; north along Crissv Drive to Thedo Drive; southeast and northeast along Theda Drive to Koran Street; east along Karen Street to the place of beginning, all of which Js a part of the Thirty-fifth Representative District. (b) Polling elace. The following place Is hereby established as the pole- lng place for the Twenty-first Precinct of the city: St. Peter's Lutheran Church, 3200 AsburY Road. Seclige 12-38. Twenty-second Precinct. (a) Area encompassed. The Twenty- second Precinct of the city shall con- sJst of that territory bounded by a line Beginning at the intersection of Mar- tin Drive and Theda Drive, a point on the boundary of the Twenty-First Pre* tinct; first southeast then in a coon- boundaries of the Twenty-First, Eigh- teenth and Fifth Precincts and along the corporate limits to Asburv Road; easl along Asburv Road to Bonson Road; north along Bonson Rood to along Martin Drive 1o the place of beginning, all of which is a Dart of the Thirty-fifth Representative District. (b) Polling place. The following place is hereby established as the poll- ing place for the Twenty-second Pre- cinct of the city: Eisenhower School, 3170 Spring Valley Road. Section 12-39. Twenty-third Precinct. (a) Area encompassed. The Twenty- third Precinct of the city shall consist of that territory bounded by a line as follows: Beginning at the intersection of St. John Drive and Hillcrest Road, a point on the boundary of the Twen- tieth Precinct; west along HIIIcrest Rood to Admiral Street; north along Admiral Street to the north boundary of MetteI-Byrne Addition; west along sion of said boundary to the corporate limits; first north then in a clockwise manner along the corporate limits and the boundaries of the Twenty-Second, Twenty-First and Twentieth Precincts to the place of beginning all of which is a part of the Thirty-third Represen- tative District. (b) Polling place. The following place is hereby established as the poll- ing place for the Twenty-third Precinct of the city: Kennedy School, 2135 Wood- Section 12-40. Twenty.fourth Precinct. (a) Area encomeassed. The Twenty* fourth Precinct of the city shall consist of that territory bounded by a line as Beginning at the intersection of Dodge Street (Hwy. 20 west) and the corporate limits, a point on the boundary of the Thirteenth Precinct; first northeast then in a counter dories of the Thirteenth, Twentieth and Twenty-Third Precincts and along the corporate limits to the place of beginning, all of which is a Dart of the Thirty-third Representative District. 556 Special Session, December 21, 1981 (b) Polling place. The following place is hereby established as the poll- ing place for the Twenty-fourth Pre- cinct of the city: Hempsteod High School, 3715 Pennsylvania Avenue. Section 12-41 through 12-50. Reserved ARTICLE II1. WARDS Seclion 12~51. City divided into four words, The city is hereby divided into four (4) wards as described in this article. Sectlen 12-S2, First Ward. The First Ward of the City of Dubuque, Iowa shall consist of that ter- ritory bounded bv a line described as follows: Beginning at the intersection of South Locust Street and Railroad Avenue; northeast a~ong Railroad Avenue and a northeasterly extension of Railroad Avenue to the corporate limits; first south then in a clockwise manner along the corporate limits to Dodge Slreet (Highway 20); east along Dodge Street to a point due south of the intersection of Van Burgh Avenue and Pennsylvania Avenue; due north from said point to Pennsylvania Ave- nue; east along Pennsylvania Avenue to Churchill Drive; north along Chur- chill Drive to St. Anne Drive; west along St~ Anne Drive to Carter Road; north aJong Carter Road to Hillcrest Road; west along HilJcrest Road and Hillcrest Road South to John F. Ken- nedv Road; north along John F. Ken- nedv Rood to Asburv Road; southeast along Asbury Road to Crissy Drive; north along Crlssv Drive to Theda Drive southeast and northeast along Theda Drive to Karen Street; east along Koran Street to Carter Road; south along Carter Road to Asbury Road; southeast along Asburv Rood to Clarke Drive; east along Clarke Drive to Bunker Hill Road; north along Bun- ker Hill Road to Fairway Drive; east along Fairway Drive to North Grand- view Avenue; north along North Grandview Avenue to the north bound- arv of Pfohl's Subdivision; east along said boundary to Clarke Drive; south along Clarke Drive to West Locust Street; east along West Locust Street to the east boundary of Dubuque High School; south along the east boundary of Dubuque High School to Rosedole Avenue; west along Rosedale Avenue to North Grandview Avenue; west along North Grandview Avenue to Auburn Street; south along Auburn Street to Loras Boulevard; east along Loras Boulevard to Wood Street; south along Wood Street to University Avenue; east along University Avenue to Delhi Street; southwest along Delhi Street to West 5th Street; east along West 5th Street to College Street; south along College Street to West 3rd Street; southwest along West 3rd Street to North Grandview Avenue; south along North Grandview Avenue and South Grandview Avenue to Whe- lan Street; southwest along Whelon Street to Bradley Street; southeast along Bradley Street to Rider Street; northeast along Rider Street to South Grandview Avenue; south along South Grandview Avenue to Bryant Street; north along Bryant Street to Mt. Loretta Avenue; southeast along Mt, Loretta Avenue to the northwest Drop- ertv line of Lot 1-3 of Mineral Lot 45; northeast along said property line to the southerly boundary of Union Addi- tion; northeasterly and southeasterly along said boundary to South Locust Street; south along South Locust Street to the place of beginning. The above described First Ward Js comprised and made up of precincts 12, 13, 14, 15, 19 and 21 of the City of Dubuque, iowa. Section 12-53. Second Ward. The Second Ward of the City of Dubugue, iowa shall COnSist of that ter- ritory bounded by a line described as follows: Beginning at the intersection of West 32nd Street and Saunders Street; west along West 32nd Street to the west line of Sec. 11, T89N - R2E - 5 PM; north along said line to the corporate limits; first north then in a counter- clockwise manner along the corporate limits to Dodge Street (Hwv. 20); east along Dodge Street to a point due south of the intersection of Van Buren Avenue and Pennsylvania Avenue; north from said eoint to Pennsylvania Avenue; east along Pennsylvania Ave- nue to Churchill Drive; north along Churchill Drive to St. Anne Drive; west along St. Anne Drive to Carter Road; north along Carter Rood to Hillcrest Road; west along Hillcrest Road and Hillcrest Road South to John F. Kennedy Road; north along John F. Kennedy Road to Asbury Road; south- east along Asbury Road to CrJssy Drive; north along Crissy Drive to Theda Drive; southeast and northeast along Theda Drive to Karen Street; east along Koren Street to Carter Road; south along Carter Road to Asbury Road; southeast along Asbury Road to Clarke Drive; east along Clarke Drive to Bunker Hill Road; north along Bunker Hill Road to Fair- way Drive; east along Fairway Drive to North Grandview Avenue; north along North Grandvlew Avenue to the north boundary of PfohJ's Subdivi- sion; east along said boundary to Clarke Drive; south along Clarke Drive to West Locust Street; east along West Locust Street to the east boundary of Clarke College; north along said boundary to Clarke Drive; west along Clarke Drive to the south- west boundary of Clarke Crest Estates Subdivision; first north then in a counterclockwise manner along said boundary to North Grandview Ave- nue; north along North Grandview Avenue and the west fork of North Grandview Avenue to Kaufmann Ave- nue; east along Kaufmann Avenue to Voleria Street; east along Voleria Street to vacated Lewis Street; north along vacated Lewis Street to Fulton Street; north along Fulton Street to King Street; east along King Street to Broadway Street; west and north along Broadway Street to West 28th Street; east along West 28th Street to Davenport Street; northwest along Davenport Street to Saunders Street; Special Session, December 21,1981 557 northeast along Sounders Street to the place of beginning. The above described Second Ward is comprised and made up of Precincts 17, 18, 20, 22, 23 and 24 of the City of Dubuaue, iowa. Section 12.54. Third Ward. The Third Ward of the City of Dubugue, Iowa shall consist of that ter- ritory bounded by o line described as follows: Beginning at the intersection of the Milwaukee Railroad tracks and Fengler Street; southeast along Fengler Street to Kerper Boulevard; south along KerDer Boulvard to East 16th Street; east along East 16th Street to the Center of Lake Peosta Channel; northeast along Lake Peosta Channel to the corporate limits; first north then in a counterclockwise manner along the corporate limits to the west line of Sec. 1t, T89N - R2E - SPM; south atong said line and the west line of Sec. 14, T89N - R2E - SPM to West 32nd Street; east along West 32nd Street to Saunders Street; southwest along Sounders Street to Davenport Street; southeast along Davenport Street to West 28th Street; west along West 28th Street to Broadway Street; southeast along Broadway Street to King Street; west along King Street to Fulton Street; south along Fulton Street to vacated Lewis Street; south along vacated Lewis Street to Valerla Street; southeast along Valeria Street to West 23rd Street; east along West 23rd Street to Central Avenue; south- east along Centrat Avenue to East 20th Street; northeast along East 20th Street to Garfield Avenue; northeast along Garfield Avenue to Stafford Street; southeast along a southeasterly extension of Stafford Street to the Milwaukee Railroad tracks; northeast along said tracks to the place of beginning. The above described Third Word is comprised and made ua of Precincts 1, 2, 3, 4, 5 and 6 of the City of Dubuque, Iowa, Section 12-88. Fourth Ward. The Fourth Ward of the City of Dubugue, Iowa shall consist at that ter- 'itorv bounded by a line described as Beginning at the intersection of South Locust Street and Railroad Avenue; northeast along Railroad Avenue and a northeasterly extension of Railroad Avenue to the corporate limits; north- easterly along the corporate limits to the center of Lake Peosto Channel; southwesterly along Lake Peosta Channel to East 16th Street; south- westerly along East 16th Street to Kerper Boulevard; north along Keroer Boulevard to Fengler Street; north- westerly along Fengler Street to the Milwaukee Railroad tracks; south- westerly along said tracks to a south- easterly extension of Stafford Street; northwest along said extension to Garfield Avenue; southwest along Garfield Avenue to East 20th Street; southwest along East 20th Street to Central Avenue; northwest along Cen- tral Avenue to West 23rd Street; west along West 23rd Street to Valeria Street; northwest along Valeria Street to Kaufmann Avenue; northwest along Koufmann Avenue to the west fork of North Grondvlew Avenue; south along the west fork of North Grondview Avenue and along North Graedview Avenue to the southwest boundary of :larke Crest Estates Subdivision; first east then in a c[ockwise manner along said boundary to Clarke Drive; east along Clarke Drive to the east of Clarke College; south along said boundary to West Locust west along West Locust Street to the east boundary of Dubuaue High ;chool; south along said boundary to Rosedale Avenue; west along Rose- ~ Avenue to North Grandview Ave- nue; west along North Grandview ~,venue to Auburn Street; south along ~uburn Street to Loras Boulevard; east along Loras Boulevard to Wood Street; south along Wood Street to University Avenue; east along Uni- versity Avenue to Delhi Street; south- west a~ong Delhi Street to West Sth Street; east along West 5th Street to College Street; south along College Street to West 3rd Street; west along West 3rd Street to North Graedview Avenue; south along North Grandview Avenue and South Grandvlew Avenue to Whelan Street; southwest along Whelan Street to Bradley Street; southeast along Bradley Street to Rider Str*et; northeast along Rider to South Grandview Avenue; south along South Grandvlew Avenue to Bryant Street; north along Bryant Mt. Loretta Avenue; south- east along Mt. Loretta Avenue to the northwest property line of Lot I-3 of Mineral Lot 45; northeast along said Hne to the southerly bound- arv of Union Addition; northeasterly and southeasterly along said boundary to South Locust Street; south qlong Locust Street to the place of beginning. The above described Fourth Ward is comprised and made uo of Precincts 7, 8, 9, 10, 11 and 16 of the City of Dubuaue, iowa, Section 2. That the City Clerk is hereby directed to publish this Ordi- nance and the attached mad marked "Exhibit A", which map is drawn in conformance with the precinct and ward boundaries described herein. The City Clerk shall also certifv a cody of this Ordinance and the attached mad to the Commissioner at Elections. Section 3. That all ordinances and :odes, or Darts thereof conflicting or inconsistent with the orovisions of this ~rdlnance are hereby repealed. PASSED, APPROVED AND ADOPTED this 21st day of December, D, Michael King ATTEST: Mayor A. Davis City Clerk Published officially in the Telegraoh Herald newsgaper this 12th day at Jan- uarv, 1982. - Mary A. Davis City Clerk 3t 1/12,19,26 558 Special Session, December 21, 1981 1 PRECINCT AND WARD BOUNDARIES MAP CITY OF DUBUQUE, IoWA CITY LIMITS PRECINCT BOUNDARY '~ PRECINCT NUMBER aa WARD BOUNDARY 23 ! ORDINANCE 71 -81 PASSEO, ADOPTEO AND APPROVED THIS 218t* DAY OF DECEMBER, 1981 ATTEST: ~ D Special Session, December 21, 1981 559 Council Member Farreil 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. RESOLUTION NO. 396-81 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- cup;ed 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 Manager be authorized to cause to be issued to the Iollowlng named ap- plicants a Beer Permit. CLASS "B" BEER PERMIT United Automobile Workers, ~ocai ~J4 3450 Central Avenue (Also Sunday Sales) CLASS "C" BEER PERMIT Robert W. Wagner 2600 Dodge St. (Also Sunday Sales) Passed, adopted and approved this 21st day of December, 198L D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Felderman moved adoption of the Resolution. Seconded by Council Member Felderman. Car- rled by the Iollowing vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. RESOLUTION NO. 397-81 WHEREAS, Applications for Li- quor Licenses have been submitted to this Council for approval and the same have been examined and approved; and WHEREAS; The premises to be oc- cupied by such applicants were in- spected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW, THEREFORE, BE IT RE- SOLVED, By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap- plicants a Liquor License. CLASS "B" (HOTEL-MOTEL) BEER AND LIQUOR LICENSE Design Center, Inc. 200 Main St. (Also Sunday Sales) CLASS '~C" (COMMERCIAL) BEER AND LIQUOR LICENSE MiNa Inc. 2620 University Ave. (Also Sunday Sales) Kachevas, Inc. 665 Dodge St. (Also Sunday Sales) David H. Hoffman 450 W. Locust St. Marionette Tindell 1097 Jackson St. (Sunday Sales Only) Passed, adopted and approved this 21st day of December, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adop- tion of the Resolution, Seconded by Council Member Felderman. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady. Farrell, Felderman, Pratt. Nays--,'qone. Printed Conncil Proceedings for the month of October, 1981, 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, Conncfl Mem- bers Brady, Farrell, Felderman; Pratt. Nays--None. Minutes Submitted: Community Development Commission of 12-8; Five Flags Commission of 11-16; Historic Preservation Commission of 12-9; Housing Commission of 12-9; P & Z of 11-18 & 12-2; Public Library of 11-17; Transit Board of Trustees of 11-12; Zoning Board of Adjustment of 11-19; Recreation Commission of 12-14; all 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. Communication of Corporation Counsel recommending settlement of personal injury claim of John A. Schoen, in the amount of $1,750.00, ~reecnted and read. 560 Special Session, December 21, 1981 Council Member Pratt moved that the communication be received and filed, and claim be approved and Finance Director to issue proper check. Seconded by Council Member Brady. Carried by the fo]lowing vote: Yeas--Mayor King, Council Mem- bets Brady, Farrell, Felderman, Pratt. Nays--None. Communication of Civil Aeronautics Board advising of Notice of Intent of Ozark Air Lines, Inc. to suspend ser- vice at Dubuque, Iowa, 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- bers Brady, Farrell, Felderman, Pratt. Nays--None. Communication of F.C.C. submit- ting "Memorandum Opinion and Order" regarding KDUB-TV Inc.'s Petition for Special Relief, presented and read. Council Member Pratt moved that the communicatiou be received and be received and filed. Seconded by Coun- cil Member Brady. Carried by ~he following vote: Yeas--Mayor King, Council Mem- bers Brady, Farreil, Felderman, Pratt. Nays--None. Refunds Requested: Steven Schnee, $50 on unexpired Cigarette License, presented and read. Council Member Pratt moved that the refund be granted and Finance Director to issue 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 Robert F. Mattox submitting resignation from Library Board effective Dec. 31, 1981, presented and read. Council Member Pratt moved that the communication be received and filed and accepted with regret. Second- ed by Council Member Brady. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Council Member Felderman express- ed appreciation to City Staff during his past two years on the Council. Council Member Farrell expressed appreciation to the Staff and Council and past City Manager Chavenelle for their assistance during her four years as a member of Council. Council Member Pratt expressed thanks to the City Staff and City employees for their aid during his two years of tenure as a Council Member. There being no further business, Council Member Felderman moved to adjourn. Seconded by Council Member Farreil. Carried by the following vote: Yeas--Mayor King, Council Mem- bets Brady, Farreli, Felderman, Pratt. Nays--None. Mary A. Davis City Clerk Approved. __1982 Adopted _ 1982 Mayor Council Members ATTEST: City Clerk