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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