1980 October Council Proceedings366
Special Session, Se
adoption m the Resolution. Seconded by
Council Memher Pratt. Carried by the
l'ollowinu vole:
Yeas-Mayor Farrell. Council Mem-
bers Feldcrmar.. King. Pratt.
Nays-None.
Absen[Coum'il Melnbcr Brady.
There bein~ no l urther business. Coun
1, c 1 Memilers
Al ILSI
City Ch, rk
~tember 23. 1980
Regular Session,
October 6, 1980 367
CITY COUNCIL
OFFICIAL
Regular Session, October 6, 1980.
C°ancil met at 7:30 P;M. (C.D;T.)
Present. Mayor Farrelli Council Mem-
bers Brady, Felderman, King, Pratt.
City Manager W. Kennelh Gearhart,
Corporation Counsel R. N. Russo.
Mayor Farrell read the call and stated
that service thereof had been duly made
and this meeting is the Rb]GULAR
MONTHLY MEETING (d' the City Court
cfi called for the purpose to act upon such
business as may come before the Council.
Invocation was given by Robert C.
Pleineas of Bible Baptist Church.
PROCLAMATIONS: October 5-12 as
"Produc~,ivity Improvement Week"; Oe
tober 13-17 as "National School Lunch
Week", received by llelen Reism~r; Otto
bet 31, 1980 as "Trick or Treat Night."
ORDINANCE NO. 65-80
AN ORDINANCE PROVIDING THAT
THE CODE OF ORDINANCES, CITY OF
DUBUQUE, IOWA, BE AMENDED BY
REVISING APPENDIX A THEREOF,
ALSO KNOWN AS THE "ZONING OR-
DINANCE AND ZONING MAP OF THE
CITY OF DUBUQUE, IOWA" TO
AMENDTHEZONING MAPTO ESTAB-
MSH R-3 RESIDENTIAL AND AG AGRI-
CULTURAL DISTRICT CLASSIFICA-
TIONS ON THE"NEMMER'S PROPER-
TY'' IN THE CENTER SECTOR OF THE
TERRITORY INVOLUNTARILY AN-
NEXED TO THE CITY OF DUBUQUE,
said Ordinance having previousJy beeu
presented at the Council Meeting of Sep
tember 15, 1980, and Septemher 23~ 19811,
presented for final adoption:
ORDINANCE NO. 65.80
AN ORDINANCE PROVIDING THAT
THE CODE OF ORDINANCES, CITY OF
DUBUQUE, IOWA, BE AMENDED BY
REVISING APPENDIX A THEREOF,
ALSO KNOWN AS THE "ZONING OR-
DINANCE AND ZONING MAP OF THE
CITY OF DUBUQU E, IOWA" TO AM END
THE ZONING MAP TO ESTABLISH R.3
RESIDENTIAL AND AG AGRICULTUR-
AL DISTRICT CLASSIFICATIONS ON
HEREINAFTER DESCRIBED PRoPER-
TY IN THE CENTER SECTOR OF THE
TERRITORY INVOLUNTARILY ANNEX-
ED TO TH E CITY OF DUBUQUE, IOWA.
WIlEREAS, The City of Dubuque,
Iowa, annexed certain territory on ~une
1, 1979, pursuant to a final order of the
City Development Board of the State of
Iow(~' and
WHEREAS, by Ordinance No. 39-79;
the City Council established temporary
zoning regulations for the annexed ter-
ritory pending establishment of zoning
classifications according to procedures
arescr~bed i~l Article VII1 of thc Zo~dng
Ordimmce; and
WHEREAS, the City Plan?zing a~d
Zoning Commission has completed a
study, has held public heat%gs, and has
reported its findings and recommenda-
tions to the City Couvcil on the Zoning
Classifications to be established in that
~ortion qf the annexed ter~gto~-!! known
368 Regular Session October 6, 1980 ·
emended by r¢l,lsi~g Appe~ldix A lhcre-
also know~l as the "Zn?ling O~dimnwe
proximately 30. 49 a~res and consists of !he
requesting the issuance of Industrial
Revenue Bonds in amt. of $t,060,000, pre
sentcd and read.
Council Member Felderman moved
tbat the communica/ion be received and
filed. Seconded fly Counc Member King
Carried by the f0flowing vote:
Yeas Mayor Farrefli Council Mem
b ~rs Brady, Felderman King, Pratt;
Nays None.
Council Melnber King moved to sus-
pend the rubs to t anyone present ad-
dress the Council if they so desire.
Seconded by Council Member Felder-
man. Carried by the following vote:
Yeas Mayor Parrell, Conneil Mem
bers Bady, f eld tmon, Krug, Pratt.
Nays:None.
Attorney llughes on behalf of Inland
Molasses Co., spoke to the eommunlea-
tion and requested that the Resolution
authorizing execntion of a Memorandum
of Agreement with lnhmd Molasses Co.
in amt. of $I ,090,000, be approved.
RESOLUTION NO. 294-80
A Resolution Authorizing the Execu-
tion of a Memorandum of Agreement
with Inland Molasses Company.
WHEREAS, the City el Dubuque,
Iowa, in Ibc County of Dubuque, State of
low& (the "Issuer") is an incorporated
mu ic. ipality authm'ized and empowered
by the peovisions of Chapter 419 of the
Code of Iowa, 1979, as amended (the
"Act") to issue revenue bonds for the pur-
pose of financing the cost of construction
amt purchase of bui[dlngs, improve~
ments, and equipment, or any interest
therein, suitable ')r use of any industry
or industries for the manufacturing, pro-
eessing, or assembling of any agricultural
or manufactm'ed products, and,
W][IlqlREAS, the Issuer has been re
quested by Inland Mo]asses Company
(the "Company"} to issue its revenue
bonds pursuant to the act for the purpose
of financing the construcliou and pnr-
chase of buildings and improvements and
Regular Sessior October 6. 1980 369
set forth in Exhibit "A" attached hereto
be and the stone is hereby approved and
the Mayor is hereby authorized ;o exe
cute said Memorandum of Agreement
and the Clerk is hereby authorized to at
test the same and ~o affix the seal of the
Issuer thereto, said Memorandnm of
Agreement which constitutes and ia
hereby made a part of this Resolutbm to
be in substantially the form. [ext. sad
containing the provisions set h~rth in
hibit "A' attached hereto.
Section 2. Officials of the Issuer are
hereby authorized to take such further
action as may be necessary to carry out
the inten; and purpose of the Memoran-
dum of Agreemen;.
Section 8. That all resolutions and
parts thereof in conflict herewith are
hereby repealed to the extent of such con-
flict.
Passed and approved this 6th day of
October. 1080.
Carolyn Farrell
Mayor
ATTEST:
Mary A. Davis
City Clerk
(SeaP
Council Member Felderman
final adoption of Resolution. Seconded t~y
Council Member King. Carried by the fol-
lowing vote:
Yeas-Mayor Forfeit. CoullcJ[ Mem-
bers Felderman. King, Prntt.
Nays-None
"Abstain-Council Member Brady.
Couecil Memuer Felderman moved
that the Memorandum of Agreement. its
Exhibit A of Resolution N~;. 294 80. be
modified so as to remove the word "land."
Seconded by Council Member King. Gar-
tied by the following vote:
Yeas-Mayor Farrell, Coum'il Mere
bers Felderman. King, Pratt.
Nays-None.
Abstain-Council Member Brady.
Communication of Jack Rhomberg ad-
vising his efient will pay 50% of sneeial
assessment for property located on Hill
St. if City will retain ownership ol proper
[y and utilize same lor public purposes,
presented and read.
Council Memher Feblerman moved
that the communication be received and
Hied, Seconded by Council Member
Pratt. Carried by the foflowin~
Yeas-Mayor Farrelk Council Mem-
bers Brady. Felderman. Kine, Pratt.
Nays.Noue.
RESOLUTION NO. 293-80
A Resolution Accepting An Offer lo Do-
nate Property.
WHEREAS, the City Council el the
City of Dubuque, Iowa, has receiwql the
ol'l~r of Jack Rhomber~ on behalf of
ownm-s of l,ot I of Lot 52 uf"Coriell's Du
Street Addition; ann
WHEREAS the property subjee; in
this offer s shown in the General Plan as
open space, and that the development ob
jectives of the City would be furthered in
the acceptance of the donation: and
WIIEREAS. there is a pending special
~)er;y for the tlill Street paving project in
the amount of $6.150: ann
WItEREAS. funds Ior the Dar[iai as
sumpfion el the special assessment liabiL
ity are available in the Community Devel-
opment Block Grant Program and thc ex
penditure of sakt funds has heretomre
been approved by the Communlt~ Devd-
opmcnl Commission.
NOW TIfEREFORE BE IT RESBLV
EI) BY TIlE CITY COUNCIl, OF TIIE
CITY (}F DUBUQUE IOWA:
Soefion l. That the City Manaaer and
directed tn prepare a deed and to take
return the matter of the donation of Lot 1
of Lot 52 of "Coriell's I)ubuque' and Lots
the City Council b~r final acceptance.
Socfion 2. That upon City Council ac
scribed abm u. fifty-percent 150o/o of the
lng upon said properties shall be assumcn
in Ihe Community Developmem Bhmlq
Grant hmds.
Passed. ;mopted and approved this
6th day of October. 1~180
Carolyn Farrel
Mayor
James E. Brady
D. Michael King
Michael W. Prnt[
John L. Felderman
Council Members
ATTEST:
Mary A. Davis
City Clerk
adoption of the Resolution. Seconded by
Yeas Mayor FarreU. Council Mere
hers Brady, Fclderman. Kinm Pratl.
(,ommunication of City Manager ac
et Cily and GovcrnoFs 1Ughway Saf{qr
370
Regular Session, October 6, 1980
RESOLUTION NO. 295.88
Ratifying the Execution of
with the Governor's Highway Safely
Office,
WIIEREAS, a proposed form of con
tract by and between the llepartmcnt of
Public Safety; Office [or Planning and
I'ro rammin /Governor's flighway Safe-
g g
ty Office and thc City of Dubuque, Iowa,
was received relating to the reduction of
traffic related property damage, personal
injury and fatal crashes in ~,he S£ate of
Iowa and in the City of Dubuque, Dubu-
que County, Iowa; and
WItEREAS~ the proposed contract
was not received by the City of Dubuque
in £ffae to be processed for thc Septcntber
15, 1980, Council meeting; and
WHI~RI~iAS, tbe Mayor of the City nf
l)ubuque executed said contract on be
half of the City in order for tim con£ract to
be term'ned to the Governor's flighway
Safety Office by a return due date of Sep-
tember 22, 1980; and
WtlEREAS, the City Council has ex
amined and approved the Ibrm of eon-
tract;
NOW THEREFORE BE IT RESOLV-
ED BY THE CITY COUNCIL OF THE
CITY OF DCBUqUE, IOWA:
Section 1. That the contract entered
into by anti belween the Department of
Public Safety, Office for Planning and
Programming/Governor's ttighway Satfe-
ty Office and the City of Dubuque be and
the same is hereby approved.
Section 2. That the execution of the
contract by thc Mayor on behalf of the
City of Dubuque on September 13, 1980~
be and the same is hereby ratified.
Passed, adopLed, and approved this
6th day of October, 1980.
Carolyn Farrell
Mayor
James 1~2. Brady
D. Micbael King
Michael W. Pratt
John L. Felderman
Council Members '
ATTEST:
Mary A. Davis
City Clerk
Council Member Pratt moved adoption
of the Resolution. Seconded by Council
Member Felderman. Carried by the Ikd
lowing voLe:
YcasMayor Farrell, Council Mom-
hers llrady, [%ldcrman, King, PratL
to ban the sale of Drug Paraphcr,.
nalia in the City of Dubuque.
Council Member Felderman moved
tbat the ¢ommunicaLion and petitions be.
received and Bled and referred to the
Corporation Counsel, Manager and Stall'.
Seconded by Council Member Pratt. Gaf
ricd by the following vote:
Yeas~Mayor Farrell, Council Mem-
bers Brady, Feldcrman, King, Pratt: Nays-None.
Pe £it fire s submitted by Mr. Bud Ross of
Dyersville, signed by 4151 adults and 894
high school students requesting adoption
of City Ordinance, presented and read.
Mr. Ross stressed that the outlying
commuuities bad no vote wlthin the City
bu£ that it deBnitely mattered to those
ou£]ylng areas what articles were sold
~ithin thc City.
Council Member Felderman moved
that the petitions be received and filed
tnd referred to the Corporation Counsel
and Manager and Staff. Seconded by
Council Member Pratt. Carried by the
following vote:
Yeas-Mayor Farrefi, Council Mem-
bers Brady, Felderman, King, Pratt. Nays-None.
An Ordinance Amending Code of Ordi-
nances by enacting a new Article in Chap-
tar 26 prohibiting thc usc, delivery, or
sion with intent to use or deliver
Drug Paraphernalia or the advertise-
Paraphernalia, presented
and read.
Council Member Felderman rnovedg
Jmt the Ordinance be referred to the Cor-
poration Counsel, Manager, and Staff.
Seconded by Council Member Pratt. Car
ried by Lhe following vote:
Yeas Mayoc Farrell, Council Mem
bars B~ady, Feldcrman, King, PratL Nays-None.
Communication of City Manager sub-
mitting procedure for the construction of
the City Hall handicapped ramp, pre
sented and read.
Council Member Brady moved that the
subject of the handicapped ramp be set
for Public Hearing on 10-20-80 at an alter-
nate location.
MOTION FAILED FOR LACK OF A
SECOND.
Council Member Kin,g, moved that the
communication be rec~.ived and filed.
Seconded by Council Member Pratt. Caf
tied by the following vote:
Yeas-Mayor Farrell, Council Mere
,bars King, Pratt.
Nays-Council Members Brady, Felder-
man. RESOLUTION NO. 296,60
BE IT RESOLVED by the City Council
of thc City of l)ubeque, Iowa, that the
~roposed plans, specifications form of
Regular Sessim
contract, plat and schedule, im.luding val-
uations appearing thereon, and all olher
documents contained herein are hereby
approved and ordered filed in the of lice of
City Clerk for public inspection, anti are
to be considered a part of this resolulion.
in est. amt. of $10.000.
Passed. adopted, and approved this
6th day of October. 1980.
Carmyn Farrell
Mayor
D. Michael King
Michael W. Pratt
Council Members
ATTEST:
Mary A. Davis
City Clerk
Council Member King' moved adoption
of the Resolution. Seconded by Council
Member Pratt. Carried by the fo]]owinff
Yeas-Mayor Farrelh Council Mem-
bers King, Pratt.
Nays-Council Members Brady. I,~e[der~
(Necessity for Improvements)
WHEREAS, proposed plans, specifiea
£~ons. and form of contract have been duly
prepared and approved by the City Chun
cfi of the Uity of Dubugue. Iowa. and are
now on file in the office of thc City Ch~rk
showing among other things tho ibllow-
/11 The plan of such improvement
(21 An estimate of the cost of tbe lln
provement for the City ltall II:mdL
capped Ramp.
lie IT TtIEREFOttE RESOLVEi)
October 6. 1980 371
372 Regular Session,
RESOLUTION NO. 299-80
WHI~]REAS, the City of Dubmlue,
Iowa has purchased Lot 2 of A. (3. }'fohl
Place, Dubuque, Iowa according to thc re
corded plat thereof and easements of
record; and
WHEREAS, Warranty Deed convey-
ins said property has been delivered to
the City of Dubuque, Iowa; and
WlIEREAS, delivery of said I)eed
should be accepted, a machine copy of
said deed being attached hereto;
NOW TREItEFORE BF, IT ItI~IS()I~V~
ED BY THE CITY COUNCIl, OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That delivery of Warranty
Deed, dated September 30, 1986 convey
ins thc above described real estate to the
City of I)ubuque, Iowa be and tile same is
hereby aeeept,e,d.
Section 2. I hat the City Clerk be and
she is hereby directed to cause said Deed
to be recorded in the office of tim Dubu-
que County Recorder/
SecRon 3. That a certified copy ut this
Resolution be transmitted to the City
Assessor, the lluhuque County Assessor
and to the I)ubuqne County Treasurer.
Passed, adopted, and approved this
,James E. Brad~
October 6, 1980
· WHEREAS, the City Council of the
City of Dabuq6e, i0wa has accepted the
Offer of Grant from the Economic Admin-
istration for construction of public facili-
ties in the Radford Industrial Center pro~
jeer; and
W!IEREAS, it has been recommended
that. the eagincering consulting firm of
Shire-Hat[cry and Associates of Dubu-
que, Iowa be selected as project engi,
neers for thc design of said facilities;
NOW TttEREFORE BE IT RESOLV
El) BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
See[ion 1. That the City Manager be
and he is hereby authorized to select
Shivc-Hattery and Associates, Engi-
neers, as consulting engineers for the dc:
sign of thc Radiord Industrial Center pro-
ject.
Seefion 2. That thc City Manager be
and he is hereby instructed to prepare a
,ut[able form of Contract and Scope of
Services Ior the aforesaid work, and to
seek appr0wd of said Contract and Scope
ff Services from the Economic Develop-
ment Administration and from the Board
of Directors of Dubuque In-Future, Inc.,
to assure eligibility of said consulting en-
gineering services for iederal reimburse-
Regular Session
RESOLUTION NO. 301.80
Resolution Authorizing the Filing of an
Application with the Department of
Transportation, United States of Amer.
ica, for a Grant under the Urban Mass
Transportation Act of 1964. as Amend.
ed.
WHEREAS, the Secretary of Trans
ports[ion is authorized to make grants for
mass [xansportation projects:
WHEREAS. the eontrac[ for financial
assistance will impose certain obligations
upon the applicant, including the provi-
sion by it nf the local share of project
WHEREAS, it is required by the D.S,
Department of Transportation in accord
with the prowsions of Title VI of the I :ivil
Rights Act of 1964. that in connection
with tho filing of an application h)r assis
Lance under thc Urban Mass Transpor;a
lion Act of 1964. ,s amended, tile appli
can[ give an assurance that it will comply
with Title VI of the Civil Rights Act of
1904 and the ILS. Departnlent of Trans.
portation requirements thereunder: and
WHEREAS. it is the goal of the appll
cant that minority bus~ness eh;re'prise be
utilized to the hdlest extent possible m
connection with this aroject, and that
definitive procedures shall be established
and administered to ensure that minority
businesses shall have the maximum feas-
ible opportunity to compete mr coutracts
sultan[ and other services:
NOW THEREFORE BE IT RESOLV
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Seefiorl 1. That the Mayor of the City
of Dubuque is authorized to execute and
file all application on behalf of the City el
Dubmtue with the U.S. Department m
Transportation to aid in the fimmcing of
Section 9 of the Urban Mitss Transports
lion Act of 1964. as amended.
Section 2. That the Mayor of the City
of Dubuque is authorized to execute and
file with such applications in assurance
or any other document required by the
U.S. Department of Transportation elf cc
tuating the purposes of Title VI of the
Civil Rights Act of 1964.
Section 3. That William Kohler. Tran
sit Manager, is authorized to furnish such
additional tuff>rrna[ion as the IhS. Dc
partmeld, of Transportation nmy require
in connee£ion with the application or the
project.
Section 4. That the Mayor of thc City
of Dubuque is authorized to set forth and
execute affirmative minority business
policies in connection with the project's
October 6. 1980 373
Section 5. That the Mayor of the City
of Dubuque is authorized to execute
grant contract cgrecments on behalf of
thc City of Dubuque with the U.S, De
partment of Transportation for aid in the
financing of the operating assistance pr()
jeers.
Passed, adopted, and approved this
6th day of October. 1980.
Carolyn Farre]l
Mayor
James E. Brady
D. Michael King
Michael W. Pratt
John L. Fchterman
Couuei] Members
ATTEST:
Mary A. I)avis
City Clerk
Council Member Fclderman moved
adoption of tile Resolution and Ilearin~
date scl for 11 17 80. Seconded by Council
Member King. Carried by the foHowine
votel
Yeas-Mayor FarrelL Coum.i] Mem
[~ers Brady, Fehterman. King. Pratt.
Nays None.
Communication of City Manager sub
mi[ting Proposed Urban R~,vita]ization
Council Member King moved that the
Seconded by Council Member Pratt. Car
rind by the following vote:
Yeas Mayor Farrell. Council Mem.
bets Brady, Felderman. King. Pratt
Nays None.
RESOLUTION NO. 302-80
A Resolution Finding Ihat the Rehabili-
tafion and Conservation of the Herein-
after [:)escribed Properties, Compris-
ing the Jackson Park Area. is Neces-
sary in the Interest et the Public Health.
Safety and Welfare of the Residents of
the City.
WllEItEAS. Ilouse File 81. as enacted
by th{, Iowa State Legislature in 1979
allows cities to give property [ax exemn
lions for properties on which improve-
vitalization area. and birthcr authorizes
cities to issue revenue bonds fin' revitali
WIIERIqAS the Jackson Park Areaas
ina' a substantial number of deteriorated
[ions: and
WHEREAS. said area has a predomi
nanee of buildings and improvements
which are significant hy reason oI age,
histor~ and architecture, ami shotdd be
374 Regular Session October 6, 1980
NOW TIIEREFORE BE Iq' RESOLV
ED BY TtIE CITY COUNCIL ()P TIlE
CITY OF DCBUQCE, IOWA:
NOW THEREFORE BE IT RESOLV-
El) BY TttE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA: .
Section 1. That the Proposed Urban
Revitalization Plan for the Jackson Park
Area, hereto attached and marked EX
hint "A", shall be made a matter of
record and shall be available for public tm
spection iu tile off'ice of the City Clerk and
in the Phmning I)ivision of the Depart-
meat of Community Development.
Section 2. That a public hearing shall
be held by the City Council on thc pro-
posed plan on November 17, 1980.
Section 3. That following said public
hearing, thc proposed plan may be adopt
ed, rel~rred to a second bearing, or re
eeted by the City Conned, as provided
['tlr hy tlouse File 81.
ATTI'IS'P:
Mary A. Davis
City Clerk
Regular Session
Council Member Pratt moved adoption
of thc Resolution. Seconded by Council
Member Brady. Carried by Ihe following
VOte:
Yeas-Mayor FarrelL Council Mem-
bers Brady, Felderman. Kine Pratt
Nays-None.
RESOLBTION NO, 30~-80
111~ IT RESOLVEIk Bv the City Cram
(:il of the City of l)ubr ]ue. Iowa. that the
following having complied with the provi
sions of law relating to the sale ol Cimw
ettes within the City of l)ubuque, Iowa,
be granted a permit to sell Cigarettes and
Cigarette Papers witbin said City.
David J. Nowack d/b/a Astroid 1997
Main St.
Passed. adopted, and approved this
6th day of October. 1989.
Carolyn Farrell
Mayor
James E Brady
I). Michael King
Michael W. Pratl
City Clerk
October 6. 1980 375
Passed, adopted, and approved this
8th day of October" 1980.
Carolyn Farrell
Mayor
James E. Brady
D. Michael King
Michael W. Pratt
Council Members
ATTEST:
I~qry A. Davis
~U ty ~lerk
Co'uiici Member Pratt moved adoption
of the Resolution. Seconded by Council
Member Brady. Carried by the following
Yeas-Mayor Farrell, Council Mem
bers Brady, King, Pratt. Nays~None.
Abstain-Council Member Felderman.
RESOLUTION NO. 307-80
WIiEREAS. Applications for Liquor
Licenses have been submitted to this
Council for approval and the same have
been examined and approved: and
WHEREAS. The premises ti) be occu-
pied by such applicants were inspected
and found to comply with the State Law
and all City Ordinances relevant thereto
and they have filed proper bonds:
NOW TIIEREFORE BE IT RESOLV
ED BY THE CITY COUNCIL OF TIlE
CITY OF DUBUQUE, IOWA:
That the Manager be authorized to
cause to be issued to the following named
applicants a Liquor License.
CLASS "C" ~COMMERClAL] BEER
AND LIQUOR LICENSE
Orville P. Murphy (Also Sunday Sales)
139 Locust St.
Molly Maguire. Inc. IAlso Sunday
Salesl -- 206 West 3rd St.
Linda L. Sheldon -- 1399 Jackson St,
Passed, adopted, and approved this
6th day of October. ~980.
Carolyn Farrell
Mayor
James E. B~ady
D. Michael King
Michael W. Pratt
Council Members
ATTEST:
Mary A. Davis
City Clerk
Council Member Pratt moved approval
and adoption of the Resolution. Seconded
by Council Member Brady. Carried by
the following vote:
Yeas-Mayor Farrell Council' Mere
bens Brady, King, Pratt. Nays-None.
Abstain-(Jouncil Member Felderman.
MINUTES SUBMITTED: Airpmq
Commission of 9-9. 922: TV Cable ( om
mission of 9 9: Dock Commission of 9-9:
376 Regular Session, October 6, 1980
Board of Zoning Adjustment of 3 2Ih
4-28, 5 15 and 6 19; tlistoric Preservation
Commission of 9dt and 9 2',3; Ilou~ing
Commissk)n of 9q0; Recreation Commis
sion of 9 16; Plmnbing Board of 9 4: Tran
sit Board of 8:14 and Earning Statement
for month of Aug~ 1980; Information and
Referral submitting monthly report fnr
July and Aug., 1980; P & Z of 9-17, pre
sensed and read.
Councd Memb~ Fetderman moved
that th~ minutb~:be received and fi~cd.
Seconded by Council Member Pratt. Car-
vied by thc fo{lowing vote:
Yeas-Mayor Parnell, Council Mere
bens Brady, Felderman, King, Pratt.
Nays-None.
REFUNDS REQUESTED: Nativity
Church requesting refund of $225 on nn
expired Beer Permit, discuntinucd busi
ness of 9 8 80; St. Culumbkilh(s Cbtu'ch
requesting refund of $225 on tmexpired
Beer Permit dlscoatinued busim~ss on
9~3~80; Gary Oberbroeckliag requcsling
refund of $75 on unexpired Cigarette bi
cruse, discontinued business on 9d10 80;
presented and read.
Council Member Felderman mow~d
that the refunds be approved and City
Auditor directed to issue proper war-
rants. Seconded by Council Member
Pratt, Carried by thc following voh~:
Yeas-Mayor Parnell, Council Mere
bens {rady Feldcrman, King, Pralt.
Nays~None,
Communication of Teleprompter
Cable TV advising of having a procedure
for renewing b'anchisc, presented and
read.
Council Member Felderman mow~d
that the communicatkm be received and
filed and referred to the Cable Commis~
sion. Seconded by Council Member Pratt
Carried by the following w)te:
Yeas Mayor Parnell, Counci~ Mcm~
hers Brady, Fcklerman, King, Pratt.
Nays-None.
Copy of Communication of Counsel for
KI)UB-TV before F.C.C. submitting sup
plement tn pefibion for spcciM rebef for
KDUB TV, lnc.: (]opy of Communication
from Cedar Rapids Television Cn. sub
mitring reply & oppositi~ to peti~?n for
special r eli~d' for KI)EB-1 V, Inc.; Copy of
Commmfication el Cedar Rapids Televi
sion Co.~ submitting opposition to supple~
ment to petition of KDUfi TV, Inc. l~r
special reliel, presented ami read.
Council Member Fehlerman moved
that the copies of commtmications be re
ceivcd and filed and referred to the Cable
Commission. Seconded by Council
Member l'rat~. Carried by the following
vote:
Ycas~Mayor Farrell, Council Mere:
hers Brady; Felderman, King, Pratt
Nays None.
sOmmunieationof Leagu~ of Iowa Mu
pal{ties all, vis!ng of housing code work
ion to be held on October 30, 1980,
presented and read.
I Pr~i(mncil Member Felderman moved
that the communication be received and
filed. Seconded by C0uneil Mel~!ber
Ih-att. Carried by thc following vote:
Yeas Mayor Farrel[, Council Mem
ber~ firady, Felderman, King, Pratt.
Nays-Nnne.
Proofs of Publication, certified to
tbt'~ Publisher, of l)epartmental Expert&-
tune for FY '80; City's Annual Financial
Report for FY '80; List of Expenditures
and Receipts, also list of claims for month
of August, 1981); Communication of City
Manager submitting reports for month of
August, 1980, presented and read.
Council Member Felderman moved
that the proofs of publication be received
and filed. Seconded by Council Member
Pratt. Carried by the following w)te:
Yeas-Mayor Farrell, Council Mem-
bers Brady, Felderman, King, Pratt.
Nays-None.
Copy of communication of Natural Re-
sources Council to Dubuque County Con-
servation Society advising of Hearing to
be held in Des Moines on Oct. 7 relative to
channelization of Catfish Creek; Copy of
communication of Dubuque County Con-
servation Society to Natural Resources
Council objecting to ttearing being held
in Des Moines, presented and read.
Council Member Felderman moved
that the copies of the communication be
received and filed. Seconded by Council
Member Pratt. Carried by the following
Yeas Mayor l~i~a, rrell, Council Mem-
bers Brady, Felderman, King, Pratt.
Nays-None.
Petition of Frieburger Construction
advising of excavating at 2520 Jackson
Street to fix emergency water leak, pre
soured and read.
Council Member Felderman moved
that the petition be approved, upon ap-
proval by thc Engineering Dept. Second
ed by Council Member Pratt. Carried by
the following vote:
Yeas Mayor Farrel], Council Mem-
bers Brady, Feiderman, King, Pratt.
Nays-None.
NOTICES OF CLAIMS: Prank R.
I)uchow, in undetermined amt. for car
damages; Investment Planning, Inc. in
amt. of $535.75 fo]' property damages;
Mrs. Bernadine Sdhmid, in amt. of $500
for personal injuries; Michael D. Wood
yard, in amt. of $62.23 for tire damages;
Charles Russell, in amt. of $6L80 for cai'
damages; Paul Pecney in undetermined
amt. for sewer back-up damages; Delos
Dorweiler in amt. Of $999.00 for property
Regular Session
damages: Notice of Suit of James L. Dietz
vs. Dubuque Yacht Basin. Ine, et al for
discriminatory practice etc.; Notice of
Suit of Rosalie T. Flood vs. Board of Li-
brary Trustees et al for personal dam-
ages; presented and read.
Council Member Felderman moved
that the claims and suits be referred Lo
the Corporation Counsel. Seconded by
Couneit Member Pratt. Carried by the
following vote:
Yeas-Mayor Farrell. Council Mem-
bers Brady, Pelderman. King, Pratt.
Nays-None.
Communication of Corporatinn Coun-
sel recommending settlement of ear dam-
ages in amt. of $472.58 plus interest to
Michael Bunds, presented and read.
Council Member Felderman moved
that the commumcation be receix ed and
filed and settlemen; approved. Seconded
by Council Member Prat£. Carried by the
following vo[e:
Yeas-Mayor Farrel]. Council Mem-
bers Brady, Felderman King, Pratt.
Nays-None.
Communication of Corporation Coun-
sel recommending denial el personm pro-
perty damage claim of Rober£ J. Ptaszen-
ski: communication of Corporation Coun-
sel advising of dismissal of claim of Rich-
ard A. Bean, presented and read.
Council Member Felderman moved
that the communications be received and
filed and denial and dismissal approved.
Seconded by Council Member Pratt. Car-
vied by the following vo;e:
Yeas-Mayor FarrelL Council Mem-
bers Brady, Felderman, King, Pratt.
Nays-None.
Communication of City Manager ad-
vming of de~ision of PER Board in ma;[er
of City and Amalgamated Transil Union
-- Prohibitive Practice Complaint;
Notice of PER BD. advising of no change
of certification regarding representation
of International Union of Operating En
gineers; presented and read.
Council Member Felderman mow~d
that ~he communication an(] notice be
ceived and filed. Seconded by Council
Member Pratt. Carried by the follnwblg
Yeas-Mayor Farrcll, Council Mem-
bers Brady, Felderman. King, Pratt.
Nays~None.
RESOLUTION NO. 308.80
WItEREAS. there has been presented
to the City Council 03' the City of Dubu-
que, Iowa. the Financial Report. City of
Dubuque. Iowa Fire & Police Retiremen;
Sys;ems for the fiscal year ended June
30. 1980: and
WHEREAS. the Cky Council. City of
Dubuque, Iowa. has examined same and
finds that said report should be approved.
October 6. 1980 377
NOW TftEREFORE BE
ED BY THE CITY COUNCIL OF qllR
CITY OF DUBUQUE, IOWA:
$~ation 1. That the Financial Repot;,
City of Dubuque. Ibwa. Fire & Police Re
tirement Systems for the fiscal year end
ed June 80. 1980. presented to the City
~omicil of the City of Dubuque, Iowa. be
and the same is hereny approved.
Passed. adopted, and approved this
6th day of October. 1980.
Carolyn Farrell
Mayor
James E. Brady
D. Michael King
Michael W. Pratt
John L. Felderman
Council Members
ATTEST:
Mary A. Davis
City Clerk
Council Member Felder~nan moved
adoption of the Resolution. Seconded by
Cmmcil Member Pratt. Carried b~ the
following ye;e:
Yeas-Mayor Farrell Council Mem-
bers Brady. Felderma~:. Kin~, Pratt.
Nays None.
Proof of publication, certified to by the
Publishen of No,ice of Public Hearing
encourage early citizen participation in
the budget process concerning General
Revenue Sharing Funds, presente~ and
read.
Council Member Felderman moved
that the proof of publication be received
and filed. Seconded by Council Member
Pratt. Carried by the following w~te:
Yeas-Mayor Parnell Council Mere
bens Brady, Felderman. King, Pratt.
N~tys None.
Core,nun{cation of City Manager sub-
mitting summaries of public meetings
conducted on the budget process, pre
sented and read.
Council Member Felderman moved
that the cmmnunieation be received and
filed. Seconded by Council Member
l'ratt. Carried hy thc followin~ w~te:
YeasMayor Farrell. Council Mere
bers Brady. Felderman. King, Pratt.
Nays-None.
Communication of City Manager sub-
mittiug sumnmry el comme~ts made at
work session with Area State Legislators
and candidates for legislative office mt
9 13-80, presented and read
Council Member Felderman moved
that the communication be received and
filed. Seconded by Council Member
Pratt. Carried by the fo]lowin~ w~te:
Yeas-Mayor Farrell, Council Mom
hers Brady. Fclderman. King. Pratt.
~ays-Nonc,
Communicatkm of Rev. Mark Pries.
submitting resignation as a Commis
378 Regular Session,
stoner from the IIuman Rights Commis-
sion, presented and read.
Council Member Felderman moved
that the communication be received and
filed and resignation accepted with re-
gret. Seconded by Council Member Pratt.
Carried by the following vole:
Yeas-Mayor Farrell. Council Mem-
bers Brady, Felderman, King, Pratt.
Nays None.
There being no further business, Coum
cil Member Felderman moved to adjourn.
· ' il Member Pratt. Car
Seconded by Coum
tied by the fo0owing vole:
Yeas-Mayor Farrell, Council Mere
bars Brady. Felderman, King, Pratt
NaysNone,
Mary A. Davis
City Clerk
Approved ........................................... 1981
Adopted ............................................. 1981
Council Members
~_TTEST:
Clerk
October 6. 1980
Special sesSion, October 15 1980 379
CITY COUNCIL
OFFICIAL
Special Session, October 15, 1980~
Council met at 1:00 P.M, (C.D.T.)
Present. Mayor FarrelL Council Mere:
bars King, Pratt, City Manager W. Ken.
neth Gearhart, Corporation Counsel R.
N. Russo.
Mayor Earrell read the call and Stated
that service thereof had been duly made
and this meeting is called for the purpose
to consider a Resolution providing for the
Sale and Award oi' $3,400,000 Corporate
Purpose Bonds and acting upon such
other business as nmy come before the.
Council.
Proof of publication, eertlfled to by the
Publisher, of Official Notice of Sale of
City of Dubuque for $3,400,000 Corporktc
Purpose Bonds, presented and read.
Council Member Pratt moved that th6
proof of publication be received and filed:
Seconded by Council Member King. Gar-
tied by the following vote:
YeasMayor Farrell, Council Mem-
bers King, Pratt. Nays-None.
Absent-Council Members Brady, Fel-
derman,
Call was issued for oral bids. There be-
ing none, Mayor Farrell closed the bid-
ding. Call was issued for sealed bids in thc
audience. There being none presented;
Mayor Farre0 dosed the bidding.
RESOLUTION NO. 309.80
Resolution Providing for the Sale and
Award of $3,400,000 Corporate Pur.
pose Bonds and Approving and Author.
izing the Agreement of Such Sale and
Award.
WHEREAS notice Of sale of $3.400,000
Corporate Purpose Bonds of the City of
Dubuque, in Dubuque County, Iowa, has
heretofore been given in strict compli~
anco with the provisions of Chapter 75 of
the Code of Iowa, 1979, as amended, by
publication of notice for two or more sue-
eessive weeks in a newspaper published
and having a general circulation in Dutm-
qua County; and
WHEREAS all sealed bids have been
received and placed on file, after which
open bids were called for and received
the highest of which open bids was as fol-
lows: the bid submitted by None, con-
sisting of par and accrued interest plus a
premium of SNone, with the bonds to
bear interest at the following rates per
Year of Interest
Maturity Rate
1982 9%
and thereafter such sealed bids were
opened, the substance of the best sealed
bid being as follows: thc bid submitted by
The Northern Trust Company, cum
sisting of par and accrued interest plus a
premimn of $103.00, with the bonds to
bear ipterest at the f(d|owing rates per
Year of
Maturity
1982
1983
1984
1985
1986
1987
1988
1989
1990
1991
Interest
Rate
8.10%
8.10%
8~10%
6.70%
6.60o/0
6.60%
6~60%
6.80%
6.80%
6.80%
NOW THEREFORE BE IT RESOLV
El) BY TIlE CITY couNCIL OF THE
CITY OF DUBUQUE, IOWA, AS FOL-
LOWS:
Section 1, That upon being duly ad-
vised in the premises it is hereby deter-
mined that the bid of The Northern Trust
Company for the purchase of $3,400,000
Corporate Purpose Bonds of said City,
dated November 1, 1080; as advertised,
bearing interest at the rates specified in
the preamble hereof, is the highest and
best bid r/~ceived and that said bonds be
and the same are hereby awarded to Tile
Northern Trust Company,
Section 2. That the form of agreement
of sale of said bonds be and the same is
hereby approved; and the Mayor, City
Clerk and City Treasurer, or any of them,
are hereby authorized to accept and exe-
cute the same for and on behalf of the City
of Dubuque, Iowa, and toaffix the corpor-
ate seal of said City thereto.
Suction 3.That all resolutions or parts
of resolutions in conflict herewith be and
the same lire hereby repealed.
Passed amt approved this 15th day el
October, 1980.
Carolyn Farrell
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member King moved adnption
of the Resolution. Seconded by Council
Member Pratt, Carried by the following
vote2;
Yeas Mayor Farrell, Council Mom
bars King, Pratt Nays-None.
Absent Conncil Members Brady, Fei
Mayor Farre!l ca0ed for the opening el
sealed bids. The lollowing seated bids
were received and read.
The Nor thorn Trust Company Chica-
go ct al at 6,76398% net interest rate;
BaneNorthwest and First Wisconsin Na
tional Bank of MilwaUkee and Associates
at 8.8790% net interest rate; Carleton D.
380 Special Sessior October 15, 1980
Beh Co. at 6.7868% net interest rate;
Continental Illinois National Bank and
Trust Company of Chicago and Assort.
ares at 6.79975% interest rate; The First
National Bank of Chicago and Bache
Halsey Stuart Shields, Inc; and Associ-
ates at 6:7781% net interest rate; ftarris
Trust and Savings Bank and h)wa - Des
Moines National Bank and Associates at
6,8718% net interest rate; United Call-
fornia Bank and Associates at 6.8556o/0
net interest rate,
Communication of Duff & Phelps,
Speer & Co, recommending awarding bid
to The Northern Trust Company at a net
interest rate of 6,76398%, presented and
Council Member Pratt moved that the
communication be received and tiled and
recommendation approved. Seconded by
Council Member King. Carried by the fei
lowing vote:
Yeas-Mayor Farrell, Council Mcni
hers King, Pratt. Nays None.
Absent-Council Members Brady, Fei-
RESOLUTION NO. 310-80
A Resolution Providing for the Issu-
ance of $3,400,000 Corporate Purpose
Bonds and Providing for the Levy of
Taxes to Pay the Same.
WItb]REAS it is necessary and for the
best interest of tile City of Dubuque,
Iowa and its inhabitants that street im-
provements be constructed, reconstruct-
ed and repaired in and for said City and
the estimated cost of such street im-
provements is $2,255,000 and the con-
struction, reconstruction and repair
thereof constitutes an "essential carper
ate purpose" within the meaning of Sec:
tion 384.24(3a) of the Code of Iowa, 1979,
as amended, and it is proposed that the
cost thereof be paid through the issu?,nce
of General Ohllgatiml Bonds of said City;
WIIEREAS it. is necessary and b)r thc
best interest of the City of Dubuqne,
Iowa and its inhabitants that street light.
ing fixtures be acquired, constructed and
installed in and for said City and the esti
mated cost of such street lighting fixtures
is $50,000 and the acquisition, construe
tion and installation thereof constitutes
an "essential corporate purpose" within
the meaning of Section 384.24(3b) of the
Code of Iowa, 1979, as amended, and it is
proposed that the cost thereof be paid
through the issuance of General Obliga-
tion Sends of said City; and
WIIEREAS it is necessary and for the
best interest of the City of Dubuque,
Iowa and its inhabitants that wm~ks and
facilities useful for thc collection and dis
posal of surface waters and streams be
acquired, constructed, reconstructed, ex-
tended, improved and equipped and the
estimated cost of such works and facili:
ties is $435,000 and such acquisition, con
struction~ reconstruction, extension, im
provement and equipping constitutes an
"essential corporate purpose" within the
meaning of Section 384.24(3d) of the Code
nf Iowa, 1979, as amended, and it is pro-
posed that the cost thereof be paid
through the issuance of General Obliga-
tion Bonds of said City; and
WItEREAS it is necessary and for the
best interest of the City of Dubuque,
Iowa and its inhabitants that works and
facilities useful for the collection, treat-
ment and disposal of sewage and industri,
al waste in a sanitary manner be ac-
quired, constructed, reconstructed, ex-
tended, improved and equipped and the
estimated cost of such works and facili-
ties is $460,000 and such acquisition, eon-
struetion, reconstruction, extension, im-
provement and equipping constitutes an
"essential corporate purpose" within the
meaning of Section 884.24(3d) of the Code
of Iowa, 1979, as amended, and it is pro-
posed that the cost thereof be paid
through the issuance of General Obliga-
tion Bonds of said City; anti
WtIEREAS it is necessary and for the
best interest of the City of Dubuque,
Iowa and its inhabitants that parks
already owned by said City be rehabili-
tated and improved and the estimated
cost of such rehabilitation and improve-
ment is $125,000 and such rehabilitation
and improvement constitutes "an essen-
tbd 6orporate purpose" within the mean-
ing of Section 384.24(3o) of the Code of
Iowa, 1979, as amended, and it is propos-
ed that the cost thereof be paid through
the issuance of General Obligation Bonds
of said City; and
WHEREAS it is necessary and for the
best interest of the City of Dubuque,
Iowa and its inhabitants that thc airport
already owned by said City be improved
and the estimated cost of suc~ improve-
ment is $75,000 and such imprnvement
constitutes kn "essential corporate pur-
pose'' within the meaning of Section
884.24(3n) of the Code of Iowa, as a~nend
ed, and it is proposed that the cost thereof
be paid through the issuance of General
Obligation Bonds of said City; and
WHEREAS under the provisions of
Section 384.28 of thc Code of Iowa, 1979,
as amended, any nmnber of essential cor-
porate purposes may be incorporated in a
single issue of bonds and authorized pur-
suant to a ~ingle resolution of the City
Council; and
WHEREAS a notice of intention of this
City Cmmei{ to take ~[etion for the isstk
ante of $3,400,000 Corporate Purpose
Special Session. October 15. 1980 381
Bonds to pay the cost of the construction
reconstruction and repair of certain
street improvements at an aggregate
cos; of $2.285.000. the acquisition, con
struction and installation of s;ree; light
lng fixtures al an aggregate cost of
$50.000. acqmring, constructing, reran
structing, extending, nnprovlng and
equipping works and facilities useful for
the collection and disposal of surface
of $435.000. acquiring, constructing, re-
constructing, extending, ~mprovlng and
equipping works and lhcilities useful for
the collection, treatment and disposal of
sewage and industrial waste in a sanitary
manner at an aggregate cost of $460,000,
rehabilitating and improving certain
parks ab'eady owned by the City at an ag
gregate cost of $125.000, and the im
provement of ~he airport Mreadv owned
by the City at an aggregate cost el
$75.000 has heretoh~re been duly publish-
ed. and a public hearing bas been held on
the issuance of said Corporate Purpose
Bonds and no oral or written objections
have been filed or made to the issuance of
said Corporate Purpose Bonds and no pe
titian has been filed and no oral or written
objections have been filed or made:
NOW THEREFORE BE IT RESOLV
ED BY THE CITY COUNCIL OF TIlE
CITY OF DUBUQUE, IOWA:
Section 1. That pursuaut to and as au-
thorized by Sections 384,23 et seq. of the
Code of Iowa. 1979. as amended, there
shall be aud there s hereby ordered
issued the negotiable Corporate I'urpose
Bonds of said City of Dubuque in the ag
grega;e principal amount oi Three
Million Four Hundred Thousand Dollars
1$SA00.000L said bonds to I)e six huudred
eighty (680t in number, to be numbered
consecutive from 1 to 680, inclusive, nf the
denomination of $5000 each. and to ne
dated November 1. 1980. That the bonds
of said issue shal hear interest from the
date thereof at. the rates herein,f tot spe
cified, such interest being payable May 1,
1981. and smut,usually thereafter on the
first days of Nnvember and May ,n each
year until the principal thereof is paid.
Said bonds shall be signed by the Mayor
and attested by the City Clerk and the
sealol said City affixed, and be registered
as ;otssuance by the City Treasurer and a
certificate of such registration endorsed
thereon with the facsimile signature of
khe City Treasurer. [nteres, on saki
bonds shall be evidenced by coupons
thereto attached and maturing on tiw
several days when such interest matures.
which coupons shall be executed with the
Iacsimile signature of the City Clerk and
said City Clerk, by the execution of said
bonds, shall adopt as and htr {lei' proper
signature her facsimile signature appear
ina' on said coupons. Both principal and in-
terest of said bonds shall be payable in
[awhd money el the United States of
America at the office of the City Treasur
er in and of the City of Dubuque, Iowa.
Said bonds shall become due and payable
in numerical order on May i ore,chef the
respective years and shall bear interest
at tile rates as follows:
Bond Rate of
Year Amount Num0ers Interest
1982 $100,000 I- 20 8.10%
1983 100.000 21 40 8.10%
1984 100,000 41- 60 8.10 o/~
1985 300.000 61-120 6.70%
1986 300,000 121480 6.60%
[987 500.090 181-280 6.60%
1988 500.006 281-380 6.6(1%
1989 500,000 381 480 6.80%
1990 500.000 481 380 6.89%
199l 590.000 581680 6.80%
Section 2. That each ~f said bonds bt,
suhjcct to registration as to principal in
the name of the holder nn the books of the
City Treasurer. such registration being
noted upon each bond so registered, and
after such registration payment of the
principal thereofshalI be made oniy to the
registered holder. Any hond so register
ed, upon the request in writine of such
holder personally or by attorney-in fact.
may be transh~rrcd either ;o a designated
transferee or to bearer, and the principal
ofan~ bond so transferred and remstered
to bearer sball thereupon be and become
payable to bearer in like manner as u such
bond had never been registered. Regis
tratkm of ,my bonds as to principal shall
not restrain thc negotiability of tbe cou
pons thereto attached by delivm7 mere-
ly.
Section 3. That s~tid bonds, coal)OhS
and provisions for registration be in sub-
stantktlly the followin~ form:
(Form of Bond-
UNPPED STATES IfF AMERICA
STATE DF IOWA
CI)UNTY OF DIIfiUQIfE
CITY OF DUBUQUE
CORPORATE PURPOSE BOND
No. $5000
KNOW ALL MI~N BY THESE PRE-
SENTS: That the City of Dubuque. in the
County of Dubuque, State of fawn. Ior
value received promises to pay to bearer.
or if fids bond be registered as to prinei
pal, to the registered holder hereoi, the
sum of Five Thnusand Dollars ($5000) on
thc first day of May, 19 , with interest
on said sum Item the date hereof at the
per annum, payable May I, 1981,
382 Special Session.
turity et this bond to be paid on presents
tion and surrender of the interest cow
pons hereto attached as they severally
mature. Both principal and interest of
this bond arc payable in ~awful money of
the United States of Am~ rice at the office
of the City Treasurer m and of the City of
Dubuque. Iowa
This bnnd is one of a series of bonds
issued by the Oity of Dubuque pursuant
;o and ill strict compliance with thc provi-
sions of Sections 384.23 et seq. and Chap
ter 79 of the Code of Iowa. 1979. and all
laws amendatory thereof and supple
men;ary thereto, and in conformity with
a resnlution of the City Cimneil of said
City du~y passed and approved for vari-
pus essential corporate purposes ill said
City.
It is Hereby Certified and Recited that
all acts conditions and things required by
the laws and Constitution of the State of
Iowa to exist, to be had, to be done, or to
be performed precedent to and in the is-
sue of this bond, were and have been pro-
perly existent, had, done and peribrmed
m regular and due form and time: that
provision has been made for the levy of a
sufficient continning annual tax on all the
taxable proper~y within said City lot the
payment of the principal and interest of
this bond as thc same will respectively
become due: that the faith, credit, reve-
nues and resources and all the real and
personal property of said City are irre
vncably pledged for the prompt paymen~
hereof both principal and interest: and
that the total indebtedness of said City,
invluding this bond. does not exceed any
constitutional or statutory limitations.
This bond is subjcc~ to registration as
to principal in thc name of the holder on
thc books of thc City Treasurer pi said
City, such registration to be evidenced by
notation of said Treasurer on the back
hereoL and after such registration no
transfer bercof, except upon such books
and similarly noted hereon, shall be wdid
unless the last registration shall have
been to hearer. Registration hereof shall
apt affect the negotiability of the coupons
hereto attached, which shall continue
negotiable by delivery merely.
[N TESTIMONY WHEREOF. said
City, by its City Council, has caused tbis
bond to be signed by its Mayor and at-
tested by its City Clerk. with the sea/of
said City affixed and the coupons hereto
attached to be executed with the facsi-
mile signature of said City Clerk. which
official by thc execution of this bond does
adopt as and for her proper signature her
facsimile signarnre appearln~ on said
October 15, 1980
coupons, all the first day of November.
1980.
Mayor of the City of Dubuque. Iowa
ATTEST:
City Clerk of the City of
Dubuque. iowa
(Form of Coupon~
On ........ 19__, the City of
Dubuque. in Dubuque County, Iowa, will
pay to bearer, at the office of the City
Treasurer, Dubuque, Iowa. the amount
shown hereon~ for interest due that date
on its Corporate Purpose Bond,dated No-
vembor 1. 1980, No
{Facsimile Signaturel
City Clerk
{Form for Registration of Ownershipl
Name of Signature of
Date of Regislered City
Registration Owner Treasurer
On the back of each bond there shall be
endorsed a certificate executed with the
facsimile signature of the City Treasurer
in the following form:
City Treasurer's Certificate
The issue of this bond has been dray
and properly recorded in my office as of
the first day of November. 1980.
I facsimile signature)
Treasurer of the City of
Dubuque. Iowa
Section 4. That said bonds be execut-
ed as herein provided as soon after the
adoption of this resolution as may be and
thereupon they shall be delivered to the
Treasurer of said City, who shall register
~he fact of the msuance of same in a book
provided for that purpgse and shall deliv-
er said bonds to the purchaser, as deter-
mined by this Council, upon receipt of the
purchase price, the same ~o be no~ less
than the par value of said bonds and ac-
crued interest thereon, all action hereto-
fore taken in connection with the sale and
award of said bonds being hereby ratified
and confirmed in all respects.
Suction 5. That the City certifies and
covenants with the purchasers and
holders of said bonds from time to time
outstanding that, so long as any of said
bonds remain outstanding, moneys on
deposit inany fund or account in conner~
tion with said bonds, whether or nm such
moneys were derived from the proceeds
of the sale of said bonds or from any other
sources, will no~ be used in a manner
which will cause such bonds to be "arbi-
trage bonds" within the meaning of Sec-
tion 103ir) of the Internal Revenue Code
of 1954, as amended, and any lawful regu
lations promulgated or proposed there-
I under, including Sections 1.103-13,
L103-14 and 1.103-15 pi the Incmne Tax
Special Session.
Regulations. as the same presently exist,
or may from time to time hereafter be
amended, supplemented or revised. The
City reserves the right, however, to
make any investment of such moneys per-
mitted by state law. if when and to the
extent that said Section 103~cl or regula
tlOnS promulgated thereunder shall be re-
pealed or relaxed or shall be held void by
final decision of a court of competent jur~
isdtction, but only if any investment made
by virtue of sues repeah relaxation or de-
cision would not. in the opinion of counsel
of recognized compebence m such mar
~ers. result in making the interest on said
bonds subject to Iederal income taxation
The Mayor or the City Clerk be and is
hereby authorized and directed to exv
cute and deliver for and on beimlf of the
City, in connection with the delivery of
said bonds to the purchaser thereof, such
certificate or certificates 'as shah be ap
propriate to demonstrate that said bonds
are not arbitrage bonds
Section 6. That as required by Chap-
ter 76 of the Code of Iowa. 1979. as
amended, and for the purpose of prn-
vlding for the levy and collection of a di~
rect annual tax sufficient to pay the inter
est on said bonds as it falls due. and also to
pay and discharge the principal thereof at
maturity, there be and there is hereby or
dered levied on all the taxable propcr~.y
within said City a direct annual tax fi~r
each of the years while said bonds or any
of them arc outstanding, in amounts sul-
ficient for that purpose, and that there be
and there is hereby levied upon all the
~axable property ill said City the follow-
mg direct annual tax. to-wit:
In the year 1981 for collection in thc fie
cai year ending June 30. 1982, a tax suffi
cient to produce the sum of $448.300 for
principal and intel'esr:
In the year 1982 for collection in the fis-
cal year ending June 30. 1983. a ~ax suffL
cient to produce the sum of $324A06 fur
principal and interest:
In the year 1983 for collection in the fis-
cal year ending June 30. 1984. a tax suffi-
cient to produce the sum pi $316.600
principal and interest:
In the year 1984 for collec£ion in the
cai year ending June 30. 1985. a tax suffi-
cient to produce the sum of $507.900 for
principal and interest:
In the year 1985 for collection in the
cai year ending June 30. t 986 a tax suffi
cient to produce the sum of $487.800 for
principal and interest:
In the year 1986 for collectio~ in the fis-
cal year ending dune 30. 1987. a tax suffi-
cient to produce the sum of $668,000 for
principal and interest:
In the year 1987 for collection in the fis-
cal year ending June 36. 1988. a tax suffi-
October 15. ~980 383
cient to produce the sum of $635.009 for
principal and interest:
In the year 1988 for collectkm in the fis-
cal year ending June 30. 1989. a tax suffi
cient to produce the sum of $602.000 for
principal and interest:
[n the year 1989 for collectlonin the fis-
cal year ending dune 30. 199~. a tax suffi-
cmnt to produce the sum of $568.000
principal and interest:
[n the year 199{) for collection in the fie.
ca] year ending dune 30. I991. a tax suffi.
cicnt to produce the sum of $534.000 for
principal and interest.
A certified copy of this resolution shMI
be filed with the County Auditor of Dubu
qqe County and said Auditor shall be and
is hereby instructed in and lot each of the
years 1981 to 1990. inclusive, to enter
collection and assess the tax hereby au~
thorized. When annually entering said
taxes for collection, the County Auditor
shah include the same as a part of the tax
levy for debt service Iund purposes of
said City, and when collected, the pro-
reeds of said taxes shah be converted into
the dnbt service fund of said City and set
aside therein as a special accouw to be
used solely and only fin' the payment of
principal and interest of the bonds hereby
authorized and for no other purpose
whatsoever
That the principal or interest coming
due aL any tbne when there are insuffi-
cient funds on hand [o pay the same be
promptly paid when duc from curren~
funds or hand. and reimbursemvnt be
made to such current funds in the sums
thus advanced when the taxes herein pro-
vided shall have been collected.
Section ?.That thru resolution become
effective immediately npon its passage
and approval and that all resolutions or
parts thereof in conflict herewith be and
the same are herehy repealed to the ex-
tent of such conflict.
Passed and approved this 15th day ol
October. 1980.
Carolyn Farrell
Mayor
ATTEST:
Mary A. Davis
City Clerk
384 Special Session, October 15, 1980
following vote:
Yeas-Mayor Farrtdl, Council Mem-
bers King, Pratt.
Nays-None.
Absent-COuncil Members Brady, Fel-
derman.
There being no further business, Cotin
cfi Member King moved to adjourn.
Seconded by Council Member Pratt. Gar-
rind by tbe following vote:
Yeas-Mayor Farrell, Council Mem-
bers King, Pratt. Nays-None.
Absent-Council Memhers Brady, Fel-
derman.
Mary A. Davis
City Clerk
Approved ........................................ ]..1981
Adopted ............................................. 1981
Couucil Members
ATTEST:
City Clerk
Special Session. October 20, 1980
385
CITY COUNCIL
OFFICIAL
Special Session, Oclober 20, 1980.
Council met at 7:30 P,M. (C.D.TJ
Present-Mayor Farrell. Council Mem-
bers Brady, King, Pratt, City Manager
W. Kenneth Gearhart. Corooration
Counsel R. N, Russo.
Absent-Council Member Felderman.
Mayor Farrell read the call and staled
that service there had been duly made
and this MEETING is called for the pur-
pose ~o CONSIDER A RESOLUTION
DIRECTING PUBLICATION OF A
NOTICE OF INTENTION TO ISSUE
AND CALLING A PUBLIC HEARING
ON TIlE PROPOSAL TO ISSUE NOT
TO EXCEED $1.000.00(l AGGREGATE
PRINCIPAL AMOUNT OF INDESTRI-
AL DEVELOPMENT REVENUE
BONDS IINLAND MOLASSES CO.
PROJECT' OF THE CITY OF DUBU-
QUE, IOWA, and acting upu such other
business as may come before thc Council.
Invocation was given by Rev. Wm. Di~
of the Enited Pentecostal Church.
PROCLAMATIONS: October 19th
thru 251h as "Junior High/Middle School
Student Council Week."
Proof of publication, certified to by the
Publisher. of Notice of Pendency of Reso-
lution of Necessity for Public Improve-
merits and Hearina for the City llall ttan-
dicapped Ramp, presented and read.
Council Member King moved that the
proof of publication be received and filed.
Seconded by Council Member Pratt. Car
rind by the following ye;e:
Yeas-Mayor Farrell. Council Mem-
bers King, Pratt.
Nays-Conncil Member Brady.
Absent Council Memhers Folder-
mall
Communications from Delos Dm'weiler
ohjecting to using Communit~ Develop-
men; Funds m build City Hall ttandi-
capped Ramp, presented and read.
Council Member King moved that the
communications be received and filed.
Seconded by Council Member Pratt. Car
rind by the following vote:
Yeas-Mayor ParrelL Council Mem
bets King, Pratt.
Nays~Council Member Brady.
Absent-Council Members Folder-
mall.
(Ne~essity for Improvements)
RESOLUTION NO. 297-80
WHEREAS, proposed phms, specifica-
tions, and form of contract have been dsly
prepared and approved by the City Con n-
ell of tbe City af Dubuque. Iowa. and are
now on file in the office of the City Clerk
showing among other thinffs the follow-
ing:
I1) The plan of such improvemen;
121 An estimate of the cost of the ~m
provemcnt for the City Hall Handi
capped Ramp.
BE IT THEREFORE RESOLVED
that the City Council deems it advisable
and necessary for the public welfare to
make the herein mentioned improve-
me.~nt, and unless interested persons at
the time of the final consideration of this
proposed resolution have on file with thc
City Clerk, objections to the proposed
plans, specifications contract or esti-
mated cost of the improvement, they
shall be deemed to have waived all ohjec
tions thereto.
Said improvement shall be constructed
and done in accordance with the phms and
specifications which have been approved
by the City Council and are now on file
with the City Clerk. That the cost gnd ex-
pense of making said improvement will
be paid from Community Development
Funds.
The above resolution was introduced.
approved and ordered placed on file with
the City Clerk this 6th day of October,
1980.
RECORD OF FINAL ADOPTION
The foregoing resolution was finally
passed and adopted, as proposed, by the
City Council this 20th day of October
1980.
Carolyn Farre]l
Mayor
D. Michael King
Michael W. Pratt
Council Members
ATTEST:
Mary A. Davis
City Clerk
Council Menlbcr King moved Iinal
adoption of thc Resolution. Seconded by
Council Member Pratt. Carried by the
following vote:
YeasMayor Farrell. Council Mom
bors King, Pratt
Nays-Council Member Brady.
Absent-Con acil Members Fclder~
man.
Decision of Council upon objections
to plans, specifications, form of con.
tracl and cost of improvements
RESOLUTION NO. 311.80
WHEREAS, proposed phms and speci.
fications and form of contract for the City
tIall Handicapped Ramp have been ap-
proved by the City Coum!i{ of the City of
Dubuque and public notice given its pro
vided by Chapter 384 of the Code of Iowa.
1979, pertaining to publi~' contracts and
bonds, and the time and piano fixed for
the hearing of all objections to said plans.
specifications or con~ract for or cost of
such improvements, said time being this
I 20th day of October. 1980: and
386 Special Session,
WHEREAS, the City Council met in
special session this 20th day of October,
1980, at 7:30 o'clock p.M; at the Cou0cil
Chambers in the City Hail for the put
pose of hearing all interested parties and
considering any and ail objections which
have been bled to the proposed plans,
specifications or contract for or cost of the
improvement 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 RESOLV
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
That all objections which have been
made and filed to thc plans, specifica-
tions, contract for or cost of said improve-
ment 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 1T FURTHER RESOLVED that
this resolutkm containing the decision of
this Council upon all ohjections which
have been filed to the plans, specifica-
tions and form of cost said improvement
be made a matter of permanent record in
connection with said improvement.
passed, adopted, and approved this
20th day of October; 1980.
Carolyn Farrell
Mayor
D. Michael King
Michael W. Pratt
Council Members
ATTEST:
Mary A. Davis
City Clerk
Council Member King moved adoption
of the Resolution. Seconded by Council
Member Pratt. Carried by the following
Yeas-Mayor Farrell, Council Mem-
bers King; Pratt.
Nays-Council Member Brady.
Absent Eouncil Members Felder-
(Ordering Construction)
RESOLUTION NO. 312-80
fie IT RESDLVED BY THE CITY
CDUNCIL OF THE CITY OF DUBU
· qUE that pursuant tea Resolution of Ne-
cessity No. 29780 which was duly passed
by this Conned for the City Hall Handi-
capped Ramp be and the same are hereby
ordered and construe(ed by this Council
upon its own motion and with or without
the petition of property owners. All the
work shall be construe(ed in accordance
with the pla~s and specifications hereto-
fore adopted and now on file in the of bce
of the City Clerk.
October 20, 1980
BE IT FURTItER RESOLVED that
be paid from thc Community Develop-
ment Fund.
BE IT FURTHER RESOLVED that
the City Clerk be and she is hereby order~
ed and directed to advertise for proposals
for the construction of the various i~n-
provements herein provided for in the
manner provided by law.
fiE IT FURTHER RESOLVED that
this resolution being deemed urgent and
of immediate necessity shall be in force
I effect from and after its passage and
adoption by the City Council.
Passed, adopted, and approved this
20th day of October, 1980.
Carolyn Farrell
Mayor
D. Michael King
Michael W. Pratt
Council Members
ATTEST:
Mary A. Davis
City Clerk
Council Member King moved adoption
ff the Resolution. Seconded by Council
Member Pratt. Carried by the fobowing
vote:
Yeas-Mayor Farrell, Council Mem-
bers King, Pratt.
Nays-Couneb Member Brady.
Absent-Council Members Felder-
RESOLUTION NO. 313-80
A Resolution Directing Publication of
Notice of Intention to Issue, and Call~
lng a Public Hearing on the Proposal to
Issue Not to Exceed $1,000,000 in Ag-
gregate Principal Amount of industrial
Development Revenue Bonds (inland
Molasses Company Project) el the City
of Dubuque, Iowa.
WttEREAS, the City of Dubuque,
Iowa (hereinafter referred to as the
"City"} is a municipal corporation organ-
ized and existing under the Constitution
and laws of the State of Iowa, and is au
thorized and empowered by Chapter 419
of the Code of Iowa (hereinafter referred
to as the "Act"), to issue Industrial De-
velopment 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,
constructing, improving and equipping a
"Project" as that term is defined in the
Act, for the purpose of securing and de-
veloping industry and trade within or
near the City in order to create jobs
employment oppm. tunitles and to ~m-
prove the economic welfare of the resi-
dents of the City and of the State of Iowa;
and
WHEREAS, thc City has been re
quested by Inlamt Molasses Company, an
Special Session,
Iowa corporation {hereinafter referred to
as the "Company"). to authorize and issue
[ts Industrial Development Revenue
Bonds pursuant to the provisions of the
Act for the purpose of defraying all or a
portion of the cost of an industrial devel-
opment project located within the City of
Dubuque· Iowa. consisting of the expan-
sion of Company's existing facilities in-
cluding the acquisition, construction· im-
proving and equipping of buildings and
improvements and the acquisition and in
stallation of machinery cml equipmem
therein, all to be suitable for use as a dry-
ing plant for drying, processing, storing
and distributing agricultural, manufae
;ured. processed and related products
,nereinaRer referred to as thc "Project"},
which Project will be owned and oncrated
by Company; and
WHEREAS. said Project will create
additional employment oppo~'tunities for
l'esidents of the City and the surrounding
area: will enhance the tax base of the City
and overlapping taxing jurisdictions and
will provide and induce other public bene-
fits flowing from the conducting of in-
creased industrial operations which will
add to the welfare and prosperity of the
City and its inhabitants: and
WHEREAS, the City, pursuant to its
Resolution No. 294~80 adopted October 6.
1980, entered unto a Memorandum of
Agreement with the Company prelimi-
narily providing for the issuance by the
City of no; ;o exceed $1200.000 aggre-
gate principal amount of its Industrial
Development Revenue Semis (the
"BondsTM which Resolution constituted
"official action" toward the issuance of
the Bonds within the meaning of regula
tions promulgated under Section 108 of
the Internal Revenue Code of 1954. as
amended: and
WHEREAS. the Bonds, if issued, shall
be limited obligations of the City, ami
shall not constitute nor give rise to a pe-
cunmry liability of the City or a charge
against its ~eneral credit or tax;ns'
powers, and the principal of and interest
and premium, if any. on the Bonds shall be
payable solely ou~ of the revenues de-
rived from the Project to be financed by
the Bonds: and
WHEREAS. before the Bonds may be
issued, it is necessary to conduct a public
hearing on the proposal to issue the
Bonds. all as required and provided by
Section 419.9 of the Act
NOW THEREFORE liE IT ANI) IT
IS HEREBY RESOLVED BY TIlE CITY
COUNCIL OF THE CITY OF DDBU-
QUE. IOWA. AS I~'OLL()Wd:
Section f. A public hearing shall
conducted on November 17. 1980. at 7:30
o'clock P.M.. before this City Council in
~ctober 20, 1980 387
the Council Chambers at the City Ih(Il iu
the City of )ubuque. Iowa. on the pro-
posal to issue not to exceed $1.000,000
gregate principal amount of the City's In
tins(rial Development Revenue Bonds
(Inland Molasses Compan3's ProiectL
pursuant to the provisions of the Act. lot
thc purpose of defraying all or a portion of
the cost of acquiring, constructing, im-
proving and equipping the Project, in-
eluding necessary expenses incidental
thereto, and all local residents who
peltr at said hearing shall be given an op
per(unity to express their wews for or
against the proposal to issue sm.h Bonds:
and at said hearing, or any adjotwnmcm
thereof, this City Council shall adopt a
Resolution determining whether or not to
proceed with thc issuance of said Bonds.
Section 2,The City Clerk of the City Is
hereby directed to publish one time.
less than fifteen llS)dgys prior to the date
fixed for said hearing, in the Tele§~.aph
ltcrald, a legal newspaper published and
having a general circulation within the
City, a Notice of Intention to issue said
Bonds in substantially the following form:
NOTICE OF PUBLIC ftEARING
ON INTENTION TO ISSUE
INDUSTRIAL DEVELOPMENT
REVENUE BONDS (INLAND
MOLASSES COMPANY PROJECT~
Notice is hereby given that a public
hearing will be conducted before the
Council of the City of Dubuque. Iowa. in
the Council Chambers at the City IIall m
said City at 7:80 o'clock P.M.. on Novem-
bt~r 17. 1980. on the proposal to issue not
to exceed M.000.000 principal amount of
the City's Industrial Development Reve-
nue Bonds Ilnland Molasses Company
ProjeetL pursuant to the provisions of
Chapter 419 of the Code of Iowa. for the
purpose of defraying all or a portion of the
cost of an industrial development project
within said City eons;sting of the expan-
sion el the existing facilities m Inland
Molasses Company (the "Company"} in
cluding the acquisition, construe(Jer..
proving and equipping of buildings and
improvements, and the aequlsition and in
stalhttion of machinery and equipmen[
therein, all to be suitable for use as a dry
ing plant for drying, processing, storing
and distributing agricultural, manufac-
tured, processed and related products
(the "Project"). The proposed facility will
be owned by Inland Molasses Company,
an Iowa corporation. It is contemplated
that a Loan Agreement will be entered
into between the City and Inland Molass
es Company, under which the City wouhl
loan to said Company thc proceeds from
388 Speciai Session, October 20, 1980
mium, if any, on such Bonds as the same
shall fidl due.
Such Bonds, if issued, and the interest
thereon will be payable solely out of the
revenues derived from the said Loan
Agreement and shall never constitute an
indebtedness of said City within tbe
meaning of any state constitutional pro-
vision or statut ry m ration, and shall
not constitute mn' give rise to a pecuniary
liability of said City or a ebarge against
its general credit or taxing powers.
All local residents who appear at said
hearing shall be given an opportunity to
express their views for or against the pro-
posal to issue said Bonds, and at said
hearing, or any adjournment thereof, thc
Council of said City shall adopt a resolu
tion determining whether or not to pro-
ceed with the issuance of said Bonds.
ny Order of the City Council
Mary A, Davis
Clerk of the City of Dubuque, Iowa
Section 3. In order that the Project
will not be unduly delayed, Company is
hereby authmqzcd to make such commit
ments, expenditures and advances
toward payment, of the costs of the Pro-
ject as it considers appropriate, subject
to reimbursement fi'om the proceeds of
the Bonds when and if delivered, but
otherwise without liability on the part of
the City.
Section 4. All Resolutions and Orders
or parts thereof, in conflict herewith are
to the extent of such conflict, hereby
pealed, and this Resolution shall be in full
force and effect immediately upon its
adoption.
Adopted and approved this 20th day of
October, 1980.
City of Dubuque, Iowa
Carolyn Farrell, Mayor
(Seal)
ATTEST:
Mary A. Davis
City Clerk
Council Member Pratt moved adoption
of the Resolution, setting the If caring for
Nnvember 17i 1980, at 7:30 p.m. in the
Council Chambers at City Hall. Seconded
by Coum!il Member King. Carried by the
following vote:
Yeas Mayor Farrell, Council Mere
bors King, Pratt.
Nays Council Member Brady.
Absent:Council Members Folder-
man.
Communication el P & Z recommend
lng rezoning of Clin-Que Subd. Incated
south of Sylvan Dr. and west of Century
Dr, from C~1 Commercial District to C 7
General Service/Wholesale Commercial
[ Member Pratt. Car
ried by the following vote:
Yeas-Mayor Farre!l, Council Mem~
bars King, Pratt;
Nays~Council Member Brady.
Absent-Council Member Felder-
mail.
AN ORDINANCE Amending Zoning
Ordinance by reclassifying Lot 1 of I of 1
and Lot I of 1 of 2 of 1 of 1 of Clin Que Inc.
Addn. from C-3 Arterial Business Com-
mercial District to C-7 General Service &
Wholesale Commercial District, pre-
sented and read.
Cnunci[ Member Pratt moved that the
reading just had be considered the first
reading of the Ordinance,
MOTION DIED FOR LACK OF A SE~
COND.
Upon discussion, the Ordinance
Amending Zoning Ordinance by reclassi
fying Lot I of I of 1 and Lot i of 1 of 2 of 1
of I of Cfin~Quc Inc. Addn. from C-3 Arte-
rial Business Commercial District to C-7
General Service & Whole Commercial
District, again presented and read.
Council Member King moved that the
reading just had be considered the first
reading of the Ordinance. Seconded by
Council Member Pratt. Carried by the
following vote:
Yeas-Mayor Farrell, Council Mem-
bers King, Pratt.
Nays-Councg Member Brady.
Absent-Council Member Felder~
Council Member King moved that thc
rule requiring an Ordinance to be re-
ceived and filed at two meeting~ prior to
the meeting when final action is taken be
dispensed with. Seconded by Council
Member Pratt. Carried by the following
Yeas Mayor Farrell, Council Mom
bars King, Pratt.
Nays Council Member Brady.
Absent-Council Member Felder-
Council Member King moved that a
Public Rearing be held on the Ordinance
on Nov. 17, 1980 at 7:30 P.M. in the Coun-
cil Chambers at City Hall and that the
Clerk be directed to publish notice of the
Hearing in the manner required by law.
Seconded by Council Member Pratt. Car
tied by the following w)te:
Yeas-Mayor Farrcll, Council Mem
bars King, Pratt.
Nays-Council Member Brady.
Absent-Council Member FridaY-
Communication of P & Z recommend-
i to deny zoning requesl of Charles
Special Session,
Council Member Brady moved that the
communication be received and filed and
denial approved. Seconded by Council
Member King. Carried by tbe following
Yeas-Mayor Farrel]. Council Mem-
bers Brady, Kin{:, Pratt. Nays-None.
Absent-Council Member Felder-
Communication of City Manager sub.
mitring Ordinance pertaning to revising
and re-enacting a Plumbing Code for the
City and recommending Ordinance be set
for a Public Rearing on November 3.
1980, presented and read.
Council Member Brady moved that the
communication be received and filed.
Seconded by Council Member Pratt. Car-
ried by the following vote:
Yeas~Mayor Farrefi. Cmmcil Mem-
bers Brady, King, Pratt. Nays-None.
Absent-Council Member Felder-
AN ORDINANCE Amending Chapter
30 of the Code of Ordinances by repealing
Chapter 30 and enacting a new Chapter in
lieu thereof per tabdng to revising and re..
enacting a Plumbing Code for the City
regulating the erection, installation, al
Plumbing Equipment amt systems within
the jurisdictional limits of the City pro-
riding ~or the issuance of permits and col-
lection of fees therefor providing for the
licensing of plumbing contractors and
journeymen and providing for penalties
for violation of said Ordinance, presented
and read.
Council Member Brady moved that
this be the first reading of the Ordinance.
Seconded by Council Member Pratt. U~ar~
tied by the fidlowing vo~e:
Yeas-Mayor Farrelk Council Mem-
bers Brady, King, Pratt. Nays-None.
Absent-Council Member Felderman.
Council Member Brady moved that a
Public Hearing be held on the Ordinance
on November g. 1980 at 7:30 P.M. in th,'
Council Chambers at City Hall and that
the Clerk be directed to publish notice of
law. Seconded by Council Member Pratt.
Carried by thc following vote:
Yeas-Mayor Farrell. Council Mere
bars Brady, King, Pratt. Nays~None.
Absent-Council Member Felder-
Communication of City Manager sub
mitring Resolution authorizing Clerk to
~ctober 20. 1980 389
publish Notice of Public IIearing on
granting a permanen[easement to Inter-
state Power Company, presented and
read
Council Member Pratt moved that the
communieation be received and filed.
Seconded by Council Member King. Car-
ried by the fi~llowing vo~e:
Yeas Mayor Farrell. Council Mem
bars Brady. King. Pratt. Nays None
Absent-CouncB Member Felder-
man.
RESOLUTION NO. 314-80
For the Publication of a Public Notice
Granting an Easement to Interstate
Power Company.
WHEREAS. Interstate Power Com-
pany, a Delaware Corporation. has re-
quested it permanent easement across
City property for the installation of an
electric transmission line: itnd
WttEREAS, the City Clerk has on file
a Resolution granting a permanenta ease-
ment to Interstate Power Uompany for
the installation of this line: and
WREREAS. the Code of Iowa. 1979.
requires a public hearing to be held on the
disposal of any interest the City may
have in City property.
NOW THEREFORE BPl IT RESOLV-
ED BY THE CITY COUNCIL OF THP]
CITY OF DUBUQUE, IOWA:
Section 1. That the City Clerk he di
reeted to publish a notice ora public hear
lng on a Resolution now on file with the
City Clerk. which Resolution would grant
Interstate Power Company rights for the
use of City property for the installation of
an electric transmission line.
Passed, adopted, and approved this
20th day of October. 1980.
Carolyn Farrell Mayor
James Iq. Brady
D. Michael King
Michael W. Pratt
CouneiI Members
ATTEST:
Mary A. Davis
City Clerk
Council Member Pratt moved that the
Resolution be adopted and Public Hear~
ing on the Resolution be set fi~r Novem-
ber 13. 1980. at 7:30 p.m.. in the Count3
Chambers at City ttatl. Seconded hv
Council Member King. Carried by Lhe fol
lowing
Yeas-Mayor Farrell. Council Mem
bars Brady, King, Pratt. Nays-None
Absent-Council Member Felder-
man.
Communication of City Manager sub
mitring Ordinance to regulate operation
of motorcycles and motorized bicycles.
390 Special Session,
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 Farrell, Council Mem-
bers Brady, King, Pratt. Nays-None.
Absent-Council Member Felder-
AN ORDINANC~ Amending Code of
Ordinances by adding a new Section
25 190 to Article VI of Chapter 25 thereof
providing fo~ the regulatiqn of motor
cycle and mntorized bicycle operation
within the City of I)ubuque, Iow& pre-
sensed and read.
Council Member Pratt moved that the
Ordinance be referred to the City Council
and City Manager for investigation and
ed. Seconded by Council Member Brady.
Carried i)y the fldhlwing vote:
Yeas Mayor FarreH, Council Mere
bers Brady, King, Pratt. Nays None.
Absent-Council Member Felder-
Communication of City Manager sub-
mitting Revised Draft for DMATS Year
2000 Project, presented and read.
Council Member King ~noved that the
communication be received and filed and
referred to City Council. Seconded by
Council Member Brady. Carried by the
following vote:
Yeas-Mayor Farrell, Council Mmn-
bets Brady, King, Pratt. Nays-None.
Absent-Council Member Felder
RESOLUTION NO. 315-80
WHEREAS, Applications fro' Liquor
Licenses have been submitted to this
Council for approval and tile same have
WHEREAS, The premises to i)e occu-
pied hy such applicants were inspected
CLASS "B" (HOTEL-MOTEL)
;ctober 20, 1980
Passed, adopted, and approved this
20th day of October, 1980.
Carolyn Farrell
Mayor
James E. Brady
D. Michael King
Michael W. Pratt
Council Members
ATTEST:
Mary A. Davis
City Clerk
Council Member Pratt moved adoption
of thc Resolution. Seconded by Council
Member King. Carried by the following
Ycas Mayor Farrcll, Council Mem-
bers Brady, King, Pratt. Nays Nolle.
Absent-Council Member Felder-
RESOLUTION NO. 316-80
WIIEREAS, Applications fur Beer
Permits have been submitted and filed to
this Council for approval and the same
have been examined alld approved; and
WHEREAS, The premises to be occu~
pied by such applicants were inspected
and found to comply with the Ordinances
of this City and have filed proper bonds;
NOW THEREFORE BE IT RESOLV-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
That the Manager be authorized to
cause ti) be issued to the following named
applicants a Beer Permit.
CLASS "B" BEER PERMIT
I,oras College -- 1450 Alta Vista.
CLASS "C" BEER PERMIT
Nabors Drug, Inc. (Also Sunday Sales)
- 1920 Ehn St.
Nash Finch Company - John F. Kcn~
nedy.
Transport Sales Co. (Also Sunday
Sales) - 1075 Dodge St.
Passed, adopted, and approved this
20th day of October, 1980.
Carolyn Farre[I
Mayor
James E. Brady
D. Michael King
Mich:~el W. Pratt
Council Members
ATTEST~
Mary A. Davis
City Clerk
Council Member Pratt moved adoption
of the Rcsobltion. Seconded by Conned
Member Killg, Carried by the folk)willg
YeasMayor Farrell, Council Mmn
bets Brady, King, Pratt. Nays-None.
Absent Conncll Member Felder-
MINUTES SUBMITTEDi Alrpm't
Commission of 92,0; Transit Authority
Special Session. October 20. 1980 391
Board of 9all:Dock Board off0-1:P & Zof
lO-l, presented and read.
Council Member King moved that the
minutes be receivcd and filed. Seconded
by Council Member Pratt. Carried bv the
following vote:
Yeas Mayor FarrelL Council Mem-
bers Brady, King, Prati Nays-None.
Absent-Cnuncil Member Fe[der
Communication of Corporation Coun-
sel recommending settlement n[ personal
injury claim of Mildred M. Parkins in amt.
of $1A00.00, presented and read.
Council Member King moved that the
communication be received and filed and
settlement approved. Seconded by Coun-
cil Member Pratt. Carried by the lol-
lowing vote:
Yeas~Mayor Farrell, Council Mere
bets Brady, King, Pratt, Nays-None.
Absent Council Member b'ehler
NOTICES OF CLAIMS: Thomas
Weidemann fur damages due to base-
merit flooding: Michael Curler minor, by
Arnold CurleL father, mr personal in-
juries received ar City Municipal Pool;
Dubuque Banl~ & Trust Co, vs. Ann
Schroeder et al for payment due on
prornissory no;e: Gerald Neuberger.'for
est. am;. of $30.01 ~or tire damages;
Amendment to Notice of Suit of Rosalie
FLood vs. Board of Library Trustees et ltl,
presented and read.
Council Member King moved tbat the
claims be referred to the Corporation
Counsel. Seconded by Council Member
Pratt. Carried by the following w);e:
Yeas-Mayor Farrelh (;ounci[ Mem
hers Brady, King, Pratt. Nays-None.
Absent-Council Member Felder
REFUNDS REqUESTE1): Rubert
Grobstick, $75.00. unexpired Cigarette
License: Ricbard BracewclL $75.00 on un-
expired Cigarette License; Nehfia J. Fitz-
g~bbons, $75.00 on unexpired Cigarette
License: Leonard Burke. $75.00. on
expired Cigarette Liccnse: Wm, R.
Parker. $75.00. on unexpired Cigarette
License Joseph A, Burke, $211.25 on
expired Cigarette License orcsented
and read.
Council Member King moved that the
refunds be approved and City Auditor di
recked to issue proper warrants. Second
ed by Council Member Pratt. Carried by
the following vote:
Yeas-Mayor FarreH, Councu Mcm
bets Brady, Killg Pratt. NaysNone.
Absent-Council Member Febter-
Communication ol People's Natural
Gas Co. advising of rate increase With
bills issued after November 18. 1980, in
amt. of approximately 12% a year, pre-
sented and read.
Council Member King moved Lhat the
communication be received and Iiled,
Secomled by Council Member Pratt. Car
fled by the following vote:
Yeas Mayor FarrelL Council Mem-
bers Brady, King, Pratt, Nays-None.
Absent Council Member Felder-
man.
Communication of Handicapper Per-
sons. Inc. being of opillion that turbines
are being put in withom ;he curb cuts.
presented and read.
Council Member King moved that the
communication t~e received and filed ami
referred to the City Manager. Seconded
t~y Cmmcil Member Pratt. Carried hy the
Yeas-Mayor Farrell. Council Mere
bets Brady, King, Pratt. NaysNonc.
Absent-Council Meml)er Felder
Communication of P & Z submitting ac
tion taken regarding H.R.W. Associates'
request for waiver of Preliminary Plan
Conditions for JFK Hillcrest Shopping
(;enter, presented and read
Cnuncil Member f'ra;~ moved that the
communication t~e received and filed.
Seconded by Council Member King. Car
ricd by the following vote:
Yeas-Mayor Farrell. Council Mem
bets Brady, King, Pratt,
Absent-Council Member Feld~r-
Communication of City Manager sun
mitting update on the Iowa DOT Prelim
friary 5 Year Transportation Plan pre
sented and read.
Council Member King moved that the
communication be received and filed.
Seconded by Council Member Pratt. Car-
tied by the following vote:
Yeas-Mayor Parrelh Council Mere
bers Brady, King, Pratt. Nays-None.
Absent Council Member b'el(ler
There I)eine no further business, Coun
Seconded by Council Member King. Car
ried by the following vo[e:
Yeas Mayor Farrell. Council Mem
bcrs Brady, King, Pratt.
Absent-Council Member Fe/der
392
Special Session. October 20. 1980
Mary A, Davis
City Clerk
Approved ........................................... 1981
Adopted ............................................. 1981
Council Members
ATTEST:
City Clerk
Regular Session, November 3, 1980 393
CITY COUNCIL
OFFICIAL
Regular Session, November 3, 1980.
Council met at 7:30 P.M. (C.S.T.)
Present. Mayor Farrell, Council Mem:
bers Brady, Felderman, King, Pratt,
City Manager W. Kenneth Gearhart,
Corporation Counsel R. N[ Russo.
Mayor Farrell read the call and stated
that service thereof had been duly made
and this meeting is the REGULAR
MONTHLY MEETING of the City Coun-
cil called for the purpose to act upon such
business as may come before the Council.
Invocation was given by Rev. John
Brooks, Pastor Immanuel United Church
of Christ.
PROCLAMATIONS: November 9-15
as "Youth Appreciation Week;" Novem-
ber 9-15 as "Key Club Week;" November
14 as "Operating Room Nurses Day;" and
the month of November as "Dubuque Dia-
betes Month."
Corporation Counsel Russo advised
that the appeals filed by Police Officers
Charles Kunau and Richard Hanten have
been dismissed before the Civil Services
Commission, also that Officer Kunau has
resigned.
Proof of publication, certified to by the
Publisher, Of Notice of Public Hearing to
repeal Chapter 30 of the Code of Ordi
nances and enact a new Chapter 30 in lieu
thereof pertaining to revising and re-en-
acting a Plumbing Code for the City of
Dubuque, Iowa, presented and read.
Council Member Felderman moved
that the proof of publication be received
and filed. Seconded by Council Memt~er
Pratt. Carried by the following vote:
Yeas:Mayor Farrell, Council Mem-
bers Brady, Felderman, King, Pratt.
Nays-None.
Petition of Wm. Herrig requesting to
amend Proposed Ordinance regarding
the installation of DWV Copper, present-
ed and read.
Council Member Eeldcrman moved
that the rules be suspended to let anyone
present address the Council. Seconded by
Council Member Brady. Carried by the
following vote:
Yeas:Mayor Farrell, Council Mere
bets Brady, Feiderman, King, Pratt.
Nays~None.
Wm. Herrig spoke to the petition
stating that he is not against the pro
posed Code, just is against some of the
materials, such as plastic piping in some
instances.
Council Member Felderman moved
that the petition be referred to the City
Manager and Staff. Seconded by Council
Member Pratt. Carried hy the fo]lowing
vote:
Yeas~Mayor Farrell, Council Mem~
bers Brady, Felderman, King, Pratt.
Nays-None.
An Ordinance Amending Chapter 30 of
Code of Ordinances by repealing said
Chapter and enacting a new Chapter 30 in
lieu thereof to re~enact a Plumbing Code,
said Ordinance having been presented at
the Council Meeting of October 20; 1980,
presented and read.
Council Member Brady moved that the
reading just had be considered the second
reading of the Ordinance. Seconded by
Council Member Felderman. Carried by
thc following vote:
Yeas-Mayor Farrell, Council Mem.
hers Brady~ Felderman, King, Pratt.
Nays-None.
Proof of publication, certified to by the
Publisher, of Notice of Public Rearing to
grant a permanent easement across City
property for the relocation to install an
electric transmission line by Interstate
Power Co., presented and read.
No written objections were filed and
no oral objectors were present in the
Council Chambers at the time set for the
Hearing.
Council Member King moved that the
proof of publication be received and filed.
Seconded by Council Member Pratt. Car
tied by the following vote:
Yeas-Mayor Farrell, Council Mem-
bers Brady, Felderman, King, Pratt.
Nays-None,
RESOLUTION NO. 317-80
WHEREAS, pursuant to Resolution
and published notice of time and place of
hearing, published in the Telegraph-Her
aid, a newspaper of general circulation,
published on October 24, 1980 in the City
of Dubuque, Iowa; the City Council of the
City of Dubuque, Iowa met on the 3rd day
of November, 1980 at 7:30 o'clock P.M.
(CST) in the City Council Chambers in the
City Hall Dubuque, Iowa to consider
granting a permanent easement across
City property for the relocation and iw
stallation of an electric transmission line
by Interstate Power Company, a Dela
ware Corporation, copy of which Trans~
mission Line Easement Agreement is
hereto attached and made a part hereof
by reference; and
WHEREAS, The City Counc5 of the
City ol I)uhuque, Iowa deems it in thc
best interests of the public that said
Transmission Line Easement be granted;
NOW TIIEREFORE BE IT RESOLV
ED BY TIlE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1.That the proposal to grant a
permanent easement to Interstate Power
Company, a Delaware Corporation,
across City property for the relocation
and installation of an electric transmis