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1975 November Council Proceedings Regular Session, November 3, 1975 565 CITY COUNCil (OFFICIAL) Regula,r Session, N,ovember 3, 1975. Council met at 7:30 P.M. (C.S.T.) Present-Meyor Justmann, Coun. cilmen, Brady, Lundh, Meyers, Stackis. City Managor Gilbert D. Channelle,. Invocation was given by Dr. Wayne 'Moldenlrnuer. Mayor Justmann read the ca!1 and st"ted that service thereof had been duly made and this is the REGULAR MONTHLY MEETING of the Council calied for the pur- po," of acting upon such business as may properly come before the Meeting. Mayor Justmann read and signed a proclamation, proclaiming the week of November 2nd through November 9th as "Ecumenical Tow- er Week in Dubuque, Iowa." Communicatiòn 'of Recreation Commission advising that the Com- mission has v"ted' not to aliow snowmobiling on Bunker Hill Golf Course, presented and read. Coun- cilman Brady moved that the COm- municartion be received and filed. Seconded by Councilman Stackis. Carried ,by the fol1ow~ng vote: Yeas-Councilinen Brady, Lundh, 'Mey~rs, Stackis. NayB-"--Mayor Justmann. Communication of Dubuque Trans- .. it.' Trustee B'Ûard submitting min- utes 'Of. their me~til1g of October 23, 1975, presented and read. Councilman Stackis moved th"t the minutes ,be J:eceived and filed. Sec- onded by Councilman Lundh. Car- ried by the foliowing vote: Yeas- Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays - N'Ûne. Communication of Dubuque Ad- visory C'Ûmmission submitting min- utes of their meeting of October 21, 1975, presented and read. Coun- cHman Stackis moved thart the min- utes be received and filed. Second- ed ,by Councilman Lundh. Carried by Ithe fuliowing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays - None. Communication 'Of 'Peoples Natu- ra! Gas notifying the City that they will put its proposed general rate increase in effect November 6, 1975, subject to refund, as per- mitted by law, presented and read. Councilman Stackis moved that the c'Ûmmunicalion be received and filed. Seconded 'by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays ~ None. Copy of communication of Mayor Justmann submibted to the County Board of Supervisors rel"live to joint Supervisor-Council meetings, touching on sucb items as Annexa- tion, Commuter Tax, Combined Government and Subdivisions, pre- sented and read. Councilman Brady moved that the, Meeting between the CouncH and Board of Supervisors be re- stricted to !hooe Itwo bodies only. Secbnded by Councilman Stackis. Catried by the foliowing vote: Yeas - Mayor.Justmann, Coun- cilmen Brady,Luhd;h, Meyers, Stackis. Nays - None. Councilman Stackis moved tMt the communication of Mayor Jnst- mann bé received and filed arid the Mayor 'be diteeted to se,t up tentative meeting date with the County Superviwrs. Seconded by Councilman Lundh. Carried by the following vote: , Yeas.,.., 'Mayor Ju&tmann, Coun- eilmen Brady, Lundh, Meyers, Stackis. NaY".,.., None. Communication of Dubuque Hu- man Rights Commission submitting minutes of their meeting of Octo- ber 9, 1975, presented and read. Councilman Meyers moved that the minutes be received and filed. Sk anded by Councilman Stackis. Car- ried by ,the following vote: Yeas - Mayor Justmann, Coun- cilmen £rady, Lundh, Meyers, Stackis. Nays - None. Communic"tion of Dubuque '76 Inc. submitting proclamation de- claring November 7, 1975, as "Du- buque Bioentennial Center Réeog- nition Day", presented and read. Councilman Lundh moved that the communication be received and fil- ed and the proclamation approved. Seconded' by -Councilman Stackis. Carried by the following vote: 566 Regular Session, November 3, 1975 Ye"" - Mayor Justmann, Coun- cilmen B~ady, Lundh, Meyers, Sbackis. Nays-None. Printed Council Proceedings. fur 'the month of July, 1975, presented for approval. Councilman Stackis moved that ;the Council Proceed- ings be approved as printed. Sec- onded by Counciiman Brady. Car- ried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays - None. Ootober 30, 1975 Honorable Mayor and City Council I am returning to you the pe,u- tion of Mr. Merwyn R. Ellis con- cerning the condition of an alley abwtting his property on Finley Street. I attach a eopy of a letter from Mr. White in which he indicates that be and Mr. Felderman have arranged to take care of the diffi- culty. Gilbert D. Chavenelle Ci-ty Maneger Councilman Brady moved that 'the communication be received and filed and referred to the City Sol- icitOl¡. Sec'Ûndedby Councilman Stackis. Carcied by the following v<Yte: Yeas - Mayor Justmann, Coun- cUmen Brady, Lundh, Meyers, Stackis. Nays - None. October 29, 1975 Honorable Mayor and City Council Please be advised that I have ap- proved tbe following bonds and policies for filing pnrposesand de- sire to have youc. approval of sam ell GENERAL LIABILITY POLICY William Becker & Sons Stone Com- pany, Policy No. GLA 88-295868 Nationa! Mutual Insurance Co. from O<!taber 17, 1975 to October! 17, 1976 IOWA O'FFICIAL IBOND Paui L. Britt, Midwestern Casualty & Surety Co. Dubuque Transit Board Trustee to 7-30-77 CERTIFICATE OF INSURAN'CE Teleprompter Corporation et aI, The Home Indemnity Co. Work- mens Comp #PWC 4982997, General Liability GA 4638163. GUbert D. Chavenelle City Manager Councilman Stackis moved that the Communica¡¡~n be received and filed and filing be approved. Seeonded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Communication of Playground and !Recreation Commission sub- mitting minutes of their meeting of October 15, 1975, presented and read. Councilman Stackis moved tha'¡ the minutes he received and filed. Seconded by Councilman Meyers,. Carried by :the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays - None. October 29, 1975 Honorable Mayor and City Council Attached is an ordinance amend- ing Ordinance No. 39-65, known as Ibe Parking Meter Lot Ordinance of Dubuque. The City of Dubuque will soon be opening an 80 space lot next to the main pedestrianway juSll east of Ecumenical Towers. We would expect to pl"ce tills parking lot in operation no later than No- vember 15. Space in the new lot will he reserved for individual patrons and the quarterly coot will be $42,00 plus tax. Tbe amended ordinance makes ¡>roYision for .he new lot under Section 5, Lot #9 and also makes provision for the new rate sched- ule under Section 5a-3. Your ,adoption of this amended ordinance is recommended. Francis A. Murray Assistant City Manager Councilman Stackis moved that the communication be received and filed. Seconded by Councihnan Meyers. Carcied by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Sbackis. Nays-None. ORDINANCE NO. 44.75 An Ordinanco Am,ending Ordin- ance No. 39.65 known as "The Parking Meter Lot Ordinance of Dubuque, Iowa" by repealing Section 5, Section 5A, Sectio'ns 5,Al and 5A2 a'nd enl8cting a new Section 5" 5A. 5'AI, 5A2 and 5A3 in lieu thereof to establish num- be,r and location of municipally owned parking lots and to' estab. lish time and parking meter fee a,nd month y roles respectively. presented and read. Councilman Meyers moved that Ithe reading just had be considered the first reading of the Ordinance. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays - None. Councilman Meyers moved that :the rule requiring an Ordinance to be received and filed at two (2) meetings prior to Ibe meeting when final action is 'taken, be dis- pensed with. Seconded by Council- man Lundh. Carried by the follow- ing vote: Ye-.. - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays - None. ORD'INANCE NO. 44.75 AN ORDINANCE AMENDING ORDI- NANCE NO. 39-65 KNOWN AS "THE PARKING METER LOT ORDINANCE OF DUBUQUE, IOWA" BY REPEAL- ING SECTION 5, SECTION 5A, SEC- TIONS 5AI AND 'A2 AND ENACT- ING A NEW SECTION '. 5A, 5AI, 5A2 ,nd 5A) IN LIEU THEREOF TO ESTABLISH NUMBER AND LOCA- TION OF MUNICIPALLY OWNED PARKING LOTS AND TO ESTABLISH TIME AND PARKING METER FEE AND MONTHLY RATES RESPECTIVE- LY. NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, S,cdon 1. Th,' O,din,n" No. 39-65 known" the "P"king Lot Oedin,nc, of Duhuqne, low," b, ,nd the "me i, hetCby 'mended hy Ctpcoling Seetion 5, 5A, 5AI, ,nd 5A2 ,nd en"dng , new Section 5, 5A, 'AI, 5A2 ,nd IA) in Jim th",of " follow", "Seedon 5. Th" the .,dou, munidp,I- Iy owood Pocking Lo" in the City of Duhuqne dun be ¿"ign,ted num"it,lly " follow", LOT NO.1. Th, 1" ,itu,ted between Ninth ,nd Tenth S"ee" ,nd low, S"e" ,nd Cent,,1 Avenue. LoT NO.2, The I" ,i""ted " the Nonhw"t coenet of Ninth ,nd Bluff S""" ,nd cunning pmlld to Ninth Suc". LOT NO.). The lot ,itu"ed " the NotthweSt coenOt of Fif<h ,nd Bluff She"'. Regular Session, November 3, 1975 567 LOT NO.4. The lot ,i"""d " the SouthweSt coen" of Founh cnd low, S"ee". LOT NO.5. The lot ,itu"ed on the middI, If¡ of Out Lot 448 in the City of Duhuqu,. LOT NO.6. The lot ,itu,ted on the SouthweSt coenet of Elmnth ,nd Bluff S""". LOT NO.7. The lot ",",ted on the Notthw"t CO'Mt of Foutth 'nd White S"ee". LOT NO.8. The I" ,icu",d on che Southw",t ",nee of Tenth 'nd Bluff StCt"" LOT NO.9. The lot ,itu"ed on Fif<h Sueet 'nd che ,ney CO" of Locu" S"'et ,nd cunning p",llel to the ,Iley fenm Fif<h to Sinh St"'". Section 5A. P"king met'" on munid- p,lly owned p"king 10". when """Iled 'nd penpedy op"'ted, dull ,how Ieg,1 p"king upon 'nd offee che dep"" of the United S"t" coin, ,nd in the non-m"",d p"king 10". p,ddng 'p"", be Ctnted " , monthly "'e, p'y,ble qu'ttedy in ,d- YOn", in "cotd,n" with the following "heduI" 1. On P"king Lo" N". I, 2, ), 4, 5, 6. ,nd 7 ouch mote" ,h,1l ,how leg,1 p"k- ing foe one hone upon the depo,it of coch nve cent coin, two hou" upon the depo"t of coeh ten "nt coin. 'nd five hom, on the depo," of one twenty-Eve cent coin. bm not moCt th,n , co"l of ten houn " ,ny one time. The m"imum leg,1 p"k" ing time limit foe 'ny one bd'¡cle " ,ny one dme ,h,1l b, ten hou". 2. On P"king Lot No.8 ,ueh m"" ,h,1l ,how leg'¡ p"king fo, thitty minnc" npon the dep"it of coch five "nt coin. one hou' npon the depo,it of coch ten cent coin, ,nd two hon" ,nd thitty min- ut" npon the dep"it of one twenty.five cont coin, but not moCt dun, ""I of ten hou" " 'ny one time. The m"imnm Ieg,l p"king time limit fm 'ny one vehicle" ,ny one time ,h,1l he ten hon". ). On P"king Loe No.9. p"king 'P"" ccneed " , monehly me of fouttcen dol- I", plu, thm p"'ent "I" "x, p'y,ble qumecly in ,dv,nce." p""d, 'ppMed ,nd ,dopted thi, ',d d,y of Novemher, 1975. e. Rob<" In''n''nn M,yo, Alvin E. Lundh Emil Stoeki, J,m" E. B"dy Don,ld R. Mey,," Councilmen ATTEST, Leo F. Fcommelt City Cleek I'nbli,hed offid,lly in the Tele."p!' He"Id New,p'p" thi, 6th d'Y of Novem- ber 1975. It 11-6 Leo F. F,ommelt City Clerk 568 Regulár Session, November 3, 1975 Councilman Meyers moved final adoption of the Ordinance. Sec- onded by Councilman Lundh. Car- ried by tbe following vote: Yeas - Mayor Justmann, coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Petition of Cyrll Boge request- ing zonIng change on Lot 1 and Lot 2 of Lot 222 and Lot 223 in Finley's Addn. on University west of Asbury Road, presented and read. Mayor Justmann moved that tbe petition be referred to the Plan. ning & Zoning Commission for In- vestigation and report. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Justmann, Coun. cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Petition of Donald J. Kaiser re- questing permission to install two lights oil Pasadena Drive, pre- sent and read. Councilman Lundh moved that the petition he re- ferred to the City Manager and Electrical Inspector for investiga- tion and report. Seconded by Coun- cilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Petition of John J. Hoekstra re- questing a refund of $99.00 on an unused Building Permit, he has decided not to build, presented and read. Councilman Stackis moved tbat the refund be approved and the City Auditor directed to issue proper warrant. Seconded by Ma- yor Justmann. Carried by the fol- lowing vote: Yeas - Mayor Justmann, Coun- cilman Brady, Lundh, Meyers, Stackis. Nays-None. Petition of William Marshall et ux requesting a cease and desist order regarding any illegal activ- ity in the alley east of 990 Althaus- er, such as the removal of trees and completely leveling the hill- side, presented and read. Coun- cilman Stackis moved that the pe- tition be referred to the City Man- ager, Park :Department and' the City Attorney for investigation at).d report. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Petition of Louis Jaeger et ux requesting a review of denial of Building Permits for Lot 2 of 2 of 2 of Tower Heights and Lot 2 of 1 of 2 of Tower Heights, presented and read. Councilman Stackis moved that the petition he re- ferred to the Planning & Zoning Commission for investigation and report. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Petition of Gene Potts et al re- questing a review of the A & W Restaurant Drive-In on the corner of Asbury & J.F.K. Road as to former commitmenis made as to Zoning back in November, 1973, presented and read. Mayor Just- mann moved that the petition be received and filed and referred to Staff for investigation and report. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis,/ Nays-None. Petition of Mrs. Mary Lee Mart- ing, President Dubuque Chapter Citizens for Decency thru Law, re- questing to be heard at the meet- ing and to present a model Public Nuisance Ordinance for considera- tion and study, presented and read. Councilman Stackis moved to sus- pend the rules to let anyone pres- ent address the Council if they so desire. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Mrs. Mary Lee Marting ad- dressed the Council and submitted a model PubHc Nuisance Statute giving a definition of lewdness and being of the opinion that the Iowa Supreme Court Law is too vague and requesting Council to adopt an Ordinance defining lewd. ness in the Ordinance. Dr. Wayne Moldenhauer spoke to the petition and requested this -- Regular Session, November 3, 1975 569 statute be brought back to the Council in approximately two weeks. Police Chief Robert O'Brien stated that the moving of Book- stores from Residential District to Commercial District is not an an- swer to the problem and that the Supreme Court does have guide- lines as to what is considered 'iewd" or "lewdness." Councilman Brady felt the Police Department should not be proposing to the Council. Mayor Justmann moved that the petition of Mrs. Marting be received and filed and re- ferred to the City Solicitor. Sec- Ol\ded by Councilman Stackis. Car- ried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays-Councilman Brady. Communication of Rev. Wm. L. Dix supporting the Public Nui- sance Statute submitted by Mrs. Mary Lee Marting, presented and read. Councilman Stackis moved that the communication be re- ceived and filed and referred to the City Solicitor. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. , Nays-None. Proof of Publication, certified io by the Publisher, of Notice of Pendency of Resolution of Neces- sity for the construction of E. 16th Street Water Main extension across E. 16th Street Bridge, presented and read. No written objections were filed and no oral objectors were present in the Council Cham- bers at the time set for the hear- ing. Mayor Justmann moved that th proof of publication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmaun, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. (Necessity for Improvement) RESOLUTION NO. 377.75 WHEREAS, proposed plans, spec- ifications, form of contract, plat and schedule have been duly pre- pared and. approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other tbings the following: 1. The water main to be ex- tended. 2. The size and kind of water main. 3. An estimate of the cost of the proposed improvemet).t, stating the same for each different type of construction and kind of material to be used for the East 16th Street water main extension across the E. 16th Street bridge to Area "c" of Industrial Park. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of prop- erty owners, deems it advisabie and necessary for the public wel- fare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed res- olution have on file with the City Clerk objections, they shall be deemed to. have waived all ob- jections thereto. Said improvement shaH be con- structed and done in accordance with the plans at).d specifications Which have been prepared therefor by the City Engineer which have been approved by the City Cout).cil and are now on file with the City Clerk. That the cost and expense of making said improvement will be paid out of the Dock Fund. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 13th day of October, 1975. RECORD OF FINAL ADOPTION The foregoit).g resolution was fi- nally passed and adopted, as pro- posed by the City Council this 3rd day of November, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donaid R Meyers Councihnen Attest: Leo F. Frommelt City Clerk Mayor Justmann moved final adoption of the resolntion. Second- ed by Councilman Stackis. Carried by the following vote: 570 Regular Session, November 3, 1975 Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Decision of Council upon objec- tions to plans, specifications, form of contract and cost of im. provements RESOLUTION NO. 402.75 WHEREAS, proposed plans and I specifications and form of con- tract for the East 16th Street wa- ter main extension across the E. 16th Street Bridge to Area "c" of Industrial Park have been ap- proved by the City Council of the City of Dubuque and public notice given as provided by Chapter 23 of the Code of Iowa, 1975, pertain- ing to public contracts and bonds, and the time and place fixed for the hearing of all objections to RESOLUTION NO 403.75 said plans, specifications. or con- BE IT RESOLVED by the City tract for .or ~ost o~ such. Improve- Council of the City of Dubuque ments, said !lme beIng this 3rd day that pursuant to a resolution of of November, 1975; and necessity No. 377-75 which was WHEREAS, the City Council met duly passed by this Council for the in regular session this 3rd day of East 16th Street water ";ain ex- November, 1975, at 7:30 o'clo~k tension across the E. 16th Street P.M. at tbe Council Chambers m I Bridge to Area "c" of Industrial the City Hall for the purpose of I Park. hear!ng .all interested part!es .and Be and the same are hereby co~sldermg any an~ a!l obJectIOns, ordered and constructed by this which have been .fded. to the pro- Council upon its own motion and posed plans, specifICatIOns. or con- with or without the petition of tract for o~ cost of tbe Improve- property owners. All the work ment herem des:r¡bed and pro- shall be construcied in accordance posed to be made~ and . with the plans and specifications WHEREAS, all Interested p~r!les heretofore adopted and now on ~:v~e~~~n a~,;e.:'ll a~bj:.;;~~~~n~hi~~ file in the office of the City Clerk. have been duly weigbed and con- BE IT FURTHER RESOLVED sidered; now, therefore th~t ~he cost and expens~ of the BE IT RESOLVED by the City saId Improvements be paid from Council of the City of Dubuque, the Dock Fund after the work has that all objections which have been .compieted and accepted by been made and filed to the plans, the City Councll. specifications, contract for or cost BE IT FURTHER RESOLVED of said improvement herein de- that the City Clerk be and he is scribed and proposed to be made, hereby ordered and directed to be and the same hereby overruled advertise for proposals for the con- and such plans, specifications and struction o~ the v~rious improve- form of contract heretofore ap- ments herem provided for in the proved are hereby adopted. !ßanner provided by law, the said BE IT FURTHER RESOLVED Improvements shall be completed that this resolution containing the on or before 90 days after notice decision of tbis Council upon all to proceed has been issued. objections which have been filed BE IT FURTHER RESOLVED to tbe plans, specifications and that this resolution being deemed form of cost of said improvement urgent and of immediate necessity be made a matter of permanent shall be in force and effect from recordin connection with said im- and after its passage and adoption provement. by the City Council. Passed, adopted and approved this 3rd day of November, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded hy Mayor Justmann. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. (Ordering Construction) 571 Regular Session, November 3, 1975 Passed, adopted and approved this 3rd day of November, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen ing, comprehensive transportation planning process to be carried on cooperatively by the states and lo- cal communities in each urban area of more than 50,000 popula- tion; NOW, THEREFORE BE IT RE- SOLVED by the Ciiy Council, City of Dubuque, State of Iowa that this Resoiution serve as this City's adoption and approval of the Arti- cies of Agreement as attached hereto; BE IT FURTHER RESOLVED, that the Mayor and City Clerk be, and they are hereby authorized and directed to sign and execute said agreement for and on behalf of Dubuque, Iowa. AND BE IT FURTHER RE. SOLVED, that this Resolution be made a matter of public record. Passed, adopted and approved this 3rd day of November, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen Attest: Leo F. Frommelt Ciiy Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Mayor Justmann. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. RESOLUTION NO. 404.75 WHEREAS, the transportation planning process was established in the Dubuque metropolitan area in April of 1964; and WHEREAS, over the past twelve years several agreements between the states, countries and munici- palities have been signed defining responsibllities, establishing tech- nical studies and assistance, and coordinating transportation plan- ning activities for the Dubuque metropolitan area; and WHEREAS, the United States Department of Transportation have requested and made certification of the planning process condition- al upon clearly defining the re- sponsibilities for cooperatively carrying out transportation plan- ning and programing via an agree- ment or memorandum of under- standing between the states, the "metropolitan planning organiza- tion," A-95 agencies, and local units of government; and WHEREAS, the attached Arti- cles of Agreement have been for- mulated under and entered into pursuant to authoriiy prescribed In Chapter 2BE, Code of Iowa, 1975; Illinois Public Acts 76-193: and Sec- tion 66.30, Wisconsin Statutes; as such and other Codes, Acts and Statutes permit the states and units of local government to enter into cooperative agreements; and WHEREAS, the attached Articles of Agreement have been estab- lished according to requirements of Section 134, Title 23, United States Code; requiring a continu- Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Meyers. CarrIed by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. October 31, 1975 Honorable Mayor and Members of City Council We are pleased to advise that Ecumenical Housing, Inc. has com- pleted the construction of Ecu- menical Tower in accordance with the plans submitted to the City at the time they purchased the land. The contract for the sale of this property provIdes that the Ciiy will issue a Certificate of Completion at this time, and the enclosed resolution authorizes the Mayor and Ciiy Clerk to execute such a certificate. We anticipate that the Mayor will present this executed docu- ment to the appropriate officials on November 9, the day that Ec\!- 572 Regular Session, November 1975 menical Tower will be officially dedicated. GentM. Wittenherg Councllman Stackia moved that tbe communication be received and filed. Seconded by Councll- man Meyers. Carried by the follow- ing vote: Yeas - Mayor Justmann, Coun- cllmen Brady, Lundh, Meyers, Stackis. Nays-None. RESOLUTION NO. 405-75 Authorizing the Execution of a Certificate of Completion for Ecu. menical Housing, Inc. WHEREAS, under date of De- cember 12, 1973, the City of Du- buque entered into a Contract for the, Sale of Land for PrIvate Redevelopment with Ecumenical Housing, Inc. for the real estate hereinafter described; and WHEREAS, under the terms of said contract the subject real es- tate was conveyed by the City of Dubuque to Ecumenical HousIng, Inc. who constructed thereon cer- tain improvements; and WHEREAS, Section 307, of said contract provides that, upon com- pletion of the improvements the City of Dubuque, wlll furnish Ecu- menical Housing, Inc. aCertifi- .cate of Completion; WHEREAS, it has been deter- mined that the required improve- ments have been satisfactorlly completed; now therefore' BElT RESOLVED by the City Councll of the City of Dubuque, Iowa: Section 1. That the Mayor and City Clerk be and ihey are here- by authorized and directed to exe- cute a Certificate of Completion for Ecumenical Housing, Inc. for the improvements located on Lot A and Lot 2 of Block 16 In Du- buque Downtown Plaza in the City of Dubuque, Iowa, situated in the Downtown Urban Renewal ProJ- ect, Iowa R-15. Section 2. That the Clerk be and he is hereby authorized and directed to file a copy of this res- olution and the executed copy of the Certificate of Completion In ihe office of the County Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 3rd day of November, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emll Stackis James E. Brady Donald R. Meyers Councllmen Attest: Leo F. Frommelt City Clerk Councllman Stackis moved adop- tion of the resolution. Seconded by Councllman Meyers. Carried by the following vote: Yeas - Mayor Justmann, ,Coun- cllmen Brady, Lundh, Meyers, Stackis. Nays-None. Honorable Mayor and Councllmen October 31, 1975 Aitached, for your considera- tion, is a proposed form of Reso- lution endorsing the corridor 10- cation for ihe Mississippi River- Dickeyville Road project in Grant County, WisconsIn. It has been our belief that no significant action would be forth- coming on resolving Dubuque's in- ternal traffic problems until the states had committed the location and 'construction of a new Missis- "ippi River Bridge. In this ,con' text, the Wisconsin corridor loca- tion study is an essential'step for our own transportation programs to proceed. We have attempted to underscore this interest in the Res- olution, and have also intention- ally avoided making reference to favoring any particular develop- ment concept (freeway vsexpress- way) or in commenting upon the proposed location of the roadway corridor apart from the bridge. We trust this Resolution is auf- ficnent for your purposes and would encourage your favorable consideration of it. DanIel Dittemore Development Plax¡ner Councllman Stackis moved that the communication be received and filed. Seconded by Councll- man Lundh. Carried by the fol- lowing vote: Yeas - Mayor Justmann,Coun- cihnen )3rady, Lundh, Meyers, Stackis. ' Nays-None. Regular Session, November 3, 1975 573 RESOLUTION NO. 406-75 A 'Resolution Approving the Pro- po.ed Corridor Location and De. signConçept for a Mississippi River to Dickeyville Road in Grant County, Wisconsin. Whereas, a draft Environmental Impact Statement for a proposed Mississipi River-Dickeyville Road (including a portion of U.S. High- way 61, 151 and Wisconsin State Highway 35) bas been circulated and a public hearing on said pro- posed project has heen scheduled; and Whereas, the Wisconsin Depart- ment of Transportation has in- vited the City Councll of the City of Dubuque, Iowa to revIew and comment upon the draft Environ- mental Impact Statement of the proposed roadway corridor loca- tion; and Whereas, the Dubuque City Councll and citizens of the tri-state area have long held that improved transportation facilities within the urbanårea and region are a prin- cipal priority and critical need; and Whereas, the Duhuque City Councll has determined and de- clared that construction of a new Dubuque-Wisconsin bridge and as- sociated access 'routes is essential to the' improvement 'of Internal transportation systems 'within the 'urbah 'area of its jurisdiction; and Whereas, the Dubuque City Counell 'finds that tbe proposêd bridge location' and freeway-ex- 'pressway development concept set forth in the' draft Environmental hnpact Statement is In' accord with plans and priorities adopted by the City Councll, through the cooperative transportation planning process; NOW, THEREFORE, Be It Re- solved: Section 1. That the City Coun- cll of the City of Dubuque, Iowa does hereby support and endorse the proposed corridor location and freeway-expressway development concept asset forth in the draft Environmental Impact Statement for the Misissippi River-Dickey- ville Road. Section 2. That the endorsement of the Dubuque City Councll shall be transmitted to the Wisconsin DePartment of Transportation and shall be m,ade, Part of the official record of the public' hearing for said project. Passed, adopted and approved this Srd day of November, 1975. C; Robert Justmann Mayor Alvin E. Lundh Emll Stackis James E. Brady Donald R. Meyers Councllmen Attest: Leo F. Frommelt City Clerk Councllman Stackis movedadop- tion of the resolution. Seconded by Councllman Lundh., Carried by the following vote: Yeas - MayorJustmann,Coun- cllmen Brady, Lundh, Meyers, Stackis. Nays-None. RESOLUTION NO. 407-75 WHEREAS, applications for Beer Permits' have been submitted to this Councll for approval and the same have been examined, NOW THEREFORE BE IT RE- SOLVED by the City Councll of the City of Dubuque, Iowa, that the following applications be granted and'permits issued upon the compliance with the'terms of the Ordinancê. of 'the 'City. CLASS "B" BEER, PERMIT J &' P O'HARA, INC. (Also Sunday Sales), 855 Century. Drive Big GSteak HouSe, Inc. (Also Sun- day Sales),'Plaza 20 CLÄSS"C" BESR PERMIT Hartig Drúg Company, 700 Town Clock Plaza Hartig Drug Company, 97 Locust Street " , .. Hartig Drug Company, 22~5 J; F. K. Road' ' Hartig Drug Company, 2225 Cen- 'ttal Avenue Passed, adopted and approved this 3rd day of November 1975. ' C. Robert Justmann Mayor Alvin E. Lundh Emll Stackis James E. Brady Donald R. 'Meyers Councllmen 'Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councllman Lundh. Cårried by thê following vote: ' " 574 Regular Session, November 3, 1975 Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. RESOLUTION NO. 408.75 WHEREAS, applications for Beer PermitS were filed by the within named applicants and they have received the approval of this Coun- cil; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of this City I and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Big G Steak House, Inc. (Also Sun- day Sales), Plaza 20 .,. .., .., J. & P. O'HARA, lNC., (Also Sun- day Sales), 855 Century Drive CLASS "C" BEER PERMIT Hartig Drug Company, 700 Town Clock Plaza Hartig Drug Company, 97 Locust Street Hartig Drug Company, 2255 J. F. K. Road Hartig Drug Company, 2225 Cen- tral Avenue Passed, adopted and approved this 3rd day of November 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Lundb. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. RESOLUTION NO. 409-75 WHEREAS, applications for Liq- uor Licenses have been submitted to tbis Council for approval and the same have been examined, NOW THEREFORE BE IT RE. SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be ap- proved and licenses issued upon the compliance with the provisions of Chapter 131, Acts of the First Regular Session, 64th General As- sembly. (CLASS "c" (COMMERCIAL) AND LIQUOR LICENSE Michael J. Lucas, Jr., 1064 Univer- sity Avenue Crane Enterprises, Inc., (Also Sun- day Sales), 2245 Kennedy Road Passed, adopted and approved this 3rd day of November 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas -Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. RESOLUTION NO. 416-75 WHEREAS, applications for Liq- uor Licenses were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied 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 THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be is- sued to the following named ap- plicants a Liquor LIcense. (CLASS "c" (COMMERCIAL) BEER AND LIQUOR LICENSE Michael J. Lucas, Jr., 1064 Univer- sity Avenue Crane Enterprises, Inc. (Also Sun- day Sales), 245 Kennedy Road Passed, adopted and approved this 3rd day of Novemher 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen Regular Session, November 3, 1975 575 Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- I cihnen Brady, Lundh, Meyers, Stackis. Nays-None. Councilman Brady moved that the City do not certify the re- cent special census taken at this time, and directed the City Clerk to officially notify the Census Bu- reau tbat we have reason to be- lieve that we do not have a valid census. Seconded hy Councilman Stackis. Carried by the following vote: Yeas -Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Councilman Stackis moved that Jack W. Roach, a bank representa- tive, be appointed to the newly formed Rehabilitation Commission. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. There being no further busIness, Councilman Stackls moved to ad- journ. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Leo F. 'Frommelt City Clerk I Approved ..................1976 I Adopted ...................1976 ............................................................ ................................................".......... ............................................................ ........................".................................. ............................................................ Councilmen Attest: .................................................. City Clerk -'~~4' -' , Special Session, November 10, 1975 576 Special Session, November 10, 1975 577 NICIPAL GENERAL ELECTION HELD ON NOVEMBER 4, 1975, and acting upon such other busi. ness as may properly come before a Regular Meeting of the Council. Special Session, November 10, Proof of Publication, certified to 1975. , by the Publisher, of Official Sam- Council met at 7:30 P.M. (C.S.T.) pIe Ballot for tbe Municipal Gen- Present-Mayor Justmann, Coun. eral Election held Tuesday Novem- cilmen Brady, Lundh, Sta.kis. City ber 4, 1975, presented a~d read. Manager Gilbert D. Chavenene. Councilman Stackis moved that Absent-Councilman Meyers. the proof of publication be re- Mayor, Justmann read the ,call ceived and filed. Seconded by Ma- and stated that service thereof had yor Justmann. Carried by the fol- been duly made and this meeting lowing vote: is, called for the purpose of RE. Yeas - Mayor Justmann, Coun- CEIVING THE CANVASS FROM cilmen Brady, Lundh, Stackis. THE BOARD OF SUPERVISORS Nays-None. SHOWING RESULTS OF THE MU. Absent-Councilman Meyers. CITY OF DUBUQUE MUNICIPAL ELECTION HELD NOVEMBER 4,1975 CANVASS HELD NOVEMBER 10, 1975 CERTIFICATE State of Iowa, Dubuque Comity, ss: We the undersigned members of the Board of Supervisors acting as a Board of Canvassers, do hereby certify that the following is a true and correct abstract of the votes cast for each of the Dubuque City candidates in the City of Dubuque Municipal Election held on November 4, 1975 as listed and enumerated hereinbelow by precinct and in accordance with the respective returns from the precinct election officials. ' CITY COUNCIL We further certify that at the Dubuque City Municipal Election held November 4, 1975 the following persons, having received the larg- est number of votes in said election, are declated elected to th Dubuque City Council as follows, to-wit: ,OFFICIAL, Thomas A. Tully, Jr. Richard Wertzberger We further certify that Thomas A. Tully, Jr. was elected to fill the unexpired term of Allan T. Thoms according to Section 69.12 of the 1975 Code of Iowa which provides that "if the vacancy is on a mulii- member body to which more than one non-incumbent is elected for the succeeding term, the non-in- cumbent who received the most votes shall be deemed elected to fill the remainder of the unex- pired term. A person so elected to fill an unexpired term shall qual- ify wtihin the time required by Sections 63.3 and 63.8. Uniess oth- er requirements are imposed by law, qualification for the unex- pired term shall also constitute qualification for the full term to which the person was elected." We further certify that Thomas G. Schrup was declared elected to the regular six-year term of Park Commissioner and that David J. Willoughby was declared elected to the unexpired six-year term of Park Commissioner; that the reg- ular four-year term for Council- man and the regular six-year term for Park Commissioner shall com- mence Januaty 2, 1976; and that the unexpired term for Council- man ,and the unexpired term for Park Commissioner sball com- mence November 10, 1975. Wilfred Bahl, Vice-Chairman Ray Scherrman, Memher Absent: Donald C. Meyers Attest: Harold P. Meloy Commissioner of Elections (Seal) I, Harold P. Meloy, duly elected and acting County Auditor and Commissioner of Elections of Du- buque County, Iowa do hereby cer. tify that the above and within consisting of one (1) page, is a true and correct abstract of the canvass of the City of Dubuque regular election held November 4, 1975. In testimony, whereof, witness my hand and the seal of the Coun- ty of Dubuque, Iowa this 10th day of November, 1975. (Seal) Harold P. Meloy, County Au- ditor and Commissioner of Elec- tions of Dubuque County, Iowa. Councilman Stackis moved that the Canvass be received and filed and made a Matter of Record. Sec- onded by Mayor Justmann. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis. Nays-None. Absent-Councilman Meyers. RESOLUTION NO. 411.75 Whereas Councilman Donald R. Meyers was appointed to fill the unexpired term of Allan T. Thoms, and that at the time of the ap- pointment of Donald R. Meyers he expressed the desire to serve un- til the next election of Councilman at the election held on November 4, 1975, and, Whereas said general election was held and Thomas A. Tully, .Jr. received the highest number of votes for City Councilman at said election, and, Whereas the condition of ap- pointment made by Donald R. Meyers should be respected and honored. NOW THEREFORE BE IT RE- SOLVED by the City Council, City of Dubuque, Iowa: Section I. That the resignation of Donald R. Meyers, as Council- man of the City of Dubuque, Iowa, be and the same is hereby accept- ed with regrets and an official and public thanks should be bestowed upon said Donald R. Meyers for his devotion and interest to the enriched life of this community. Section 2. That in view. of the vacancy of the office of City Coun- cilman created by the resignation of Dônald R. Meyers, that the said vacancy be in and the same should be filled, and that the said Thomas A. Tully, Jr. be and he is hereby appointed Councilman, to fill the unexpired term of'Allan T. Thoms. & 'I!~ .:it i~ 280 142 223 380 210 190 148 177 149 97 340 295 436 279 266 306 412 258 401 320 300 297 309 352 295 103 6,965 ~ .;-& ~~ iJ~ 174 85 114 230 123 117 85 116 87 133 165 190 254 199 169 177 300 176 310 277 210 168 162 214 163 50 .¡ . Ë... .8'š ...... .. ~.. H ..... ~i .s .. .... w... ..t Precinct ~ ~ ~.. .~~ :s~ ~ò .J.i ~~~ 75 57 69 129 63 64 77 68 61 83 90 98 76 77 79 81 87 91 101 93 85 70 88 61 77 11 1 77 2 39 3 50 4 109 5 54 6 55 7 68 8 69 9 46 10 66 11 123 12 91 13 149 14 91 15 89 16 76 17 119 18 85 19 95 20 106 21 62 22 74 23 58 24 118 25 87 Absentee 28 313 150 250 407 202 176 158 177 148 106 348 289 429 262 297 289 402 250 385 315 309 301 310 360 322 107 7,062 232 109 167 278 137 129 121 148 116 166 251 238 338 220 221 206 284 219 316 267 243 231 220 307 235 83 5,482 142 81 146 202 100 103 110 109 94 116 241 150 249 141 151 158 173 138 158 113 137 176 167 192 185 46 387 205 307 526 279 251 240 257 214 296 464 402 572 382 382 393 540 359 504 439 393 383 392 471 403 131 9,572 Totals 2,084 2,016 3,778 4,448 578 Special Session, November 10, 1975 Passed, adopted and approved this 10th day of November, 1975. C. Robert Justmann Mayor Alvin E. Lundh James E. Brady Emil Stackis Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Mayor Jusimann. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis. Nays-None. Absent-Councilman Meyers. November 10, 1975 Honorable Mayor and Members of the City Council I hereby resign from the Du- buque Human Rights Commission, effective immediately. Thomas A. Tully Jr. Vice President Councilman Stackis moved that the resignation be accepted and received and filed and be made a Matter of Record. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tully. Nays-None. Communication of Dubuque Met- ropolitan Solid Waste Agency sub- mitting minutes of their meetings of September 16 and October 28, 1975, presented and read. Mayor Justmann moved that the minutes be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tully. Nays-None. November 5, 1975 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has re- viewed the request of property owners at 1660 and 1690 Asbury Road, in the City of Dubuque, Iowa, for reclassification of their properties, as well as tbe prop- erty at 1670 Asbury Road, from the OR-l Office Residential Dis- trict to the C-2 Local Service Com- mercial ,District. The petitioner's communication had alleged that their properties bad been incorrectlty classified on the recently adopted Zoning Map. The Commission has determined that the Zoning Map is not in er- ror and that the subject proper- ties are appropriately classified in ¡the OR-l District. I CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner Councilman Stackis moved to suspend the rules to let anyone present address the Council if they so desire. Seconded by Council- man Lundh. Carried by the follow- ing vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays-None. Mr. & Mrs. Ben Lammer, resI- dents of 1660 Asbury Road, spoke in response to the recommenda- tion of the Planning & Zoning Com- mission as to the present zoning classification of their property. They seemed to be of the opinion that the rezoning has reduced the value of their property and it is not considered good residential property. It also appears to them that this could he considered spot zoning. They have lived on the property for some twenty years, and they feel that their property has been incorrectly classified on the new zonIng map. Mayor Justmann moved that the communication of the Planning & Zoning CommissIon he referred to Staff for investigation and re- port. Seconded by Councilman Stackis. Carried by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays-None. November 5, 1975 Honorable Mayor and City Council I am returning to you the peti- tion of Mr. Kaiser for street lights on Pasadena Drive. The location has been investigated and it is recommended tbat two 175 watt mercury vapor lights be installed on the developer's standards. Gilbert D. Chavenelle City Manager Councihnan Stackis moved that the recommendation be approved. Special Session, November 10, 1975 579 Seconded by Councilman Lundh. Carrie d by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays-None. November 6, 1975 Honorable Mayor and City Council I return to you the petition of Floyd D. Berendes for the vaca- tion of a section of Jansen Street abutting his property. The section of street that is be- ing considered is unimproved. A portion of it is a steep slope which is a storm water course. I recommend that the section of Jansen Street be vacated and trans- ferred to Mr. Berendes on these condItions: That he provIde the city en. gineer with a survey of the area to be vacated. That he pay a!l publishing and recording costs. That he agree to be entirely responsible for any storm flow damage. I have informed the petitioner of these conditions. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the recommendation be approved. Seconded by Councllman Lundh. Carried by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays-None. Communication of Water Quality Management Division advising of a public hearing to he conducted by the Iowa DEQ concerning the adop- tion of the proposed Water Quality Management Plan for the North- east Iowa River Basin, the lartter part of December, 1975, presented and read. Councilman Stackis mov- ed that the communication be re- ceived and filed. Seconded by Conncilman Lnndh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen B..dy, Lnndh, Stackis, Tul- ly. Nays-None. Councilman Lundh presented a verbal report on ,the Energy Man- agement Plan. Notice of Claim of Marvin L. Zoutte, in,an undetermined amount, for personal injuries, resulting in a fall through an open manhole in the 300 Block of Glen O'ak St., on November 1, 1975, presented and read. Councilman Stackis moved Ithat the Notice of Claim be re- ferre-d io the City Attorney for proper proceedings. Seconded by Councilman Tully. Carcied by the following vote: Yeas - Mayor Justmann, Coun- cilmen Lundh, Sbackis, Tully. Nays - None. Abstain ~ Councilman Brady. Notice of Claim of Thomas Chap- man, in amount of $2,500.00, for personal injuries received in a fall on a defective sidewalk on west side of White Street between ISlh & 19th S!. on Sept. 8, 1975, (original claim filed 10-16-75), pre- sented and read. Councilman Stack- is moved that the notice of ciaim be referred to the City Attorney for proper proceedings. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays - None. Notice of ,Claim of Terry Stim- son, in approx. amount of $75.00, for loss of eye glasses due to fall on stairs at 18th & Central Ave. on November 5, 1975, presented and read. Councilman Stackis mov- ed that the notice of claim be re- ferred to the City Attorney fur proper proceedings. Seconded hy Councilman Tully. Carried by the following vote: City Attorney for proper pro- ceedings. Seconded by Councihnan TUlly. Carried by tbe following vote: Yeas - Mayor Justmann, Coun- cihnen Brady, Lundh, Stackis, TUl- ly. Nays - None. Petition of Peoples Natural Gas requesting permission to excavate on W. 5th St. to provide cathodic pro'teotlon, Ipresented and read. Councilman Lundh moved :that the request be approved. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays - None. Petition of Joe Paradiso et al (434 signers) objecting to any zon- ing or other action which would permit use of property at inter- section of Judson Dr. & Asbury 580 Special Session, November 10, 1975 Rd. fot Ithe Seventh Step Founda- tion, presented and r~ad. Coun- cilman Lundh moved that the peti- tion be received and filed and re- ferred to Council in view of the 'fact that no formal application has been received. Seconded by Coun- cilman Stackis. Carried by the fol- lowing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays - None. Petition of Mæcian Bridge re- questing $50.00 refund on unexpir- edportion of, Cigarette License, discontinued business on October 4, 1975, presented and read. Coun- cilman Stackis moved that tbe re- fund be granted and the City Aud- itor directed to issue proper war- rant. Seconded by Councilman Lundh. Carried by 'the following vote: Yeas - Mayor Justmann, Coun- gilmen Brady, Lundh, Stackis, Tul- ly. Nays - None. x'Petition of American Legion Post '#6 requesting permission to conduct Veterans' Day Ceremonies on' November 11, 1975, at the base of the Town Clock on7'th & Town Clock Plaza be-ginningat 10:30 A.M., presented and read. 'Coun- cilman Stackis moved th"t the re- ,quest' ,be approved. Seconded by GounçilmanLundh. Carried by the following vote: Yeas,=, Mayor Justmann, ,Coun-' ,cilh\<in,BÍ'~dy, Lundh, Stackis, Tul- ly. Nays - None. ' November 7, 1975 ¡ 'Honorable Mayor ' and City Council ' We are submitting for your ap-' prov,al the preliminary estimates,' , plans and specifications and resolu- ' tion ,of necessity for the .following project listed under HUD-WS-¡ LOW A,9 }. ' CONTRACT HI SOUTH DUBUQUE .SANITARY INTEJRCEPTOR SEWEJR , We recommend that the final' plans and specifications as submit- ted be accepted, that bids be taken: and contracts be awarded >after fina! acceptance by HUn. Gilbert D. Chavenelle C]ty ,Manager ' Councilman Stackis moved ,that thecommunicaiiM be received and filed. Seconded by Councilman Lundb. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundb, Stackis, Tul- ly. Nays - None. RESOLUTION NO'. 412.75 Preliminary Estimates, and ap- prova! of plans, specs., e1lc. for Con" tract No.3 South Dubuque Sani- tary Interceptl;or Sewer.JIUD-WS" IOWA-99, in estimated amount of $269,288.56, presented and read. Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas-Councilmen Brady, Lundh, Stackis, Tully. Nays - Mayor Justmann. (Necessity for Improvement) RESOLUTION NO. 413-75 WHEREAS, proposed plans, spe- cifications, and form of contract have been duly prepared and' ap- proved by tbe City Council o{the City of Dubuq'ue, Iowa, and are now on file in the office of the City Clerk showing among other things the following: (1) The plan of such imptove- ment. :' (2) An estimate of. the cost 01 the improvement for tbe Contract No.3 South Dubuque Sanitary In- terceptor Sewer HUD-WS-IOWA- 99. BE IT THEREFORE RESOLVED tbat the City Council on its.o\\\n motIon, deems it advisable and necessary for the public welfate to make the herein mentioned, Un- provement, and unless property 'owners ,at the time of the final consideration of this prOposed res- olution have on file with the City Clerk, objections to the amount of the cost of the improvement, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done.ln accordance with the plans and specifications which have been approved by the City, Council and are now on 'file with the City Cierk. That the cost and expense of making said im- provement Will be paid from Sani- tation Sewage Rental Fund and a Federal Grant. The above resolution was intro- duced, approved and ordered Special Session, November 10, 1975 581 placed on file with the City Clerk this 10th day of Novemher, 1975. Approved and placed on file for final action. C. Robert Justmann Mayor Alvin E. Lundh Thomas A. Tully, Jr. James E. Brady Emil Stackis Councilmen Attest: Leo F. Frommelt City Clerk Counicilman Stackis moved ap- proval of the resolution. Second- ed by Councilman Lundh. Carried by tbe following vote: Yeas-Councilmen Brady, Lundh, Stackis, Tully. Nays-Mayor Justmann. (Fixing Date of Hearing) RESOLUTION NO. 414.75 WHEREAS, the City Council of the City of Dubuque, Iowa has giv- en Its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection for the Contract No.3 South Dubuque San- itary Interceptor Sewer-HUD-WS- IOWA-99. BE IT THEREFORE RESOLVED that on the 24th day of November, 1975, a public hearing will be held at 7:30 p.m. in the Council Cham- ber of the City of Dubuque at which time the ohjectors for the proposed improvement may appear' and make objection to the pro- posed plans and specifications and proposed form of contract, to the cost of the improvement and the City Clerk be and he is hereby di- rected to cause a notice of the time and place of such hearing to be published in some newspaper published in the City of Dubuque which shall be not less than four (4), nor more than twenty (20) days prior to the day fixed for its consideration, and said Clerk is further Instructed to advertise for proposals for the construction of the aforementioned improvement. Passed, adopted and approved this 10th day of November 1975. C. Robert Justmann Mayor Alvin E. Lundh Thomas A. Tully, Jr. James E. Brady Emil Stackis CouncIbnen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas-Councilmen Brady, Lundh, Stackis, Tully. Nays-Mayor Justmann. RESOLUTION NO. 415.75 BE IT RESOLVED by the City Council ,of. the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Ciga- rettes within the City of Dubuque, Iowa, be gcanted a permit to sell Cigarettes and. Cigarette ,Papers within said City. Orville P. Murphy, South End Lounge & Beer Store, 139 Locust street Inns of Iowa Ltd Dubuque, Ramada Inn West, U.S. 20 at Mercer Drive 'Passed, adopted and approved this 10th day of November 1975. C. Robert Justmann ' Mayor Alvin E. Lundh James E. Brady Emil Stackis Thomas A. Tully, Jr. Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas-Mayor Justmann, Council. men Brady, Lundh, Stackis, Tully. Nays-None. At 8:29 P.M. Councilman Brady moved to go into Executive Ses- sion to discuss appointments to various Boards and Commissions. Seconded by Mayor Justmann. Car- ried by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays-None. Council reconvened in Regular Session at 9:05 P.M. No appoint- ments were announced. Tbere being no further business, Councilman Stackis moved to ad- journ. Seconded by Councilman Lundh. Carried by the following vote: c.~~ ~~~~~~,"".'-~~~~~.." OFFICIAL 582 Special Session, November 10, 1975 Special Session, November 17, 1975 583 CITY COUNCIL Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays-None. Leo F. Frommelt City Clerk Special Session, November 17, 1975. Council met at 7:30 P.M. (C.S.T.) Present-Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tully. City Manager Gilbert D. Chavenelle. Invocation was given by Auleen Eberhardi. Mayor Jusimann read the call and stated that service thereof had been duly made and this meeting is called for the PURPOSE OF CONSIDERING ACCEPTANCE OF CITY OF DUBUQUE 1975 AS. PHALT PAVING PROJECT NO. I and acting upon such other busi- ness as may properly come before a regular meeting of the Council. Mike Keegan of the Dubuque Ambassadors presented Commun- ity Awards received from the State of Iowa. 1) Youth Participation award from Governor Ray; 2) 4th Place Beautification Program award; and 3) Special Governor's Leadership award to Mayor C. Rob- ert Justmann. Communication of Thermolyne Sybron Corporation thanking the various City agencies for their help in the Beautification Project on Kerper Blvd., presented and read. Councilman Stackis moved that the communication he received and filed. Seconded by Councll- man Brady. Carried by the follow- ing vote: Yeas-Mayor Justmann, Councll- men Brady, Lundh, Stackis, Tully. Nays-None. Communication of Dubuque Met- ropolitan Solid Waste Agency sub- mitting minutes of their meeting of November 5, 1975, presented and read. Councilman Stackis moved that the minutes be re- ceived and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays-None. Communication of Human Rights Commission submitting minutes of their meeting of November 13, 1975, presented and read. Coun- cilman Stackis moved that the minutes be received and filed. Sec- Approved ..................1976 Adopted ...................1976 ................................,........................... ............................................................ ..."....................................................... """""""""""""""""""""""""""""" ............................................,............... Councilmen Attest: .............................. City Clerk onded by Councilman Lundb. Car- ried by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays-None. Communication of Hogan & Hart- son as Counsel for Teleprompter Cable Communications Corp. d/b/a Teleprompter advising of submis- sion of certificate of compliance to FCC, presented and read. Council- man Stackis moved that the com- munication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays-None. Printed Council Proceedings for the month of August, 1975, pre- sented for approval. Councilman Stackis moved that the Council Proceedings be approved as print- ed. Seconded by Councilman Lundh. Carried by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays-None. Communication of Iowa DOT ad- vising that the paint color for the painting of the Julien Dubuque Bridge to the standard green col- or in accord with subsequent City Council action, letting of work is scheduled for January 6, 1975, pre- sented and read. Councilman Lundh moved that the communi- cation be received and filed. Sec- onded by Councilman Tully. Car- ried by the following vote: Yeas-Councilmen Brady, Lundh, Stackis, Tully. Nays-Mayor Justmann. November 13, 1975 Honorable Mayor and City Councll We have just received an amended Flood Hazard Boundary Map for !be City of Dubuque. This map shows the present floodwall as !be boundary line to be used in determining wbat areas should be covered by flood insurance. Previous to this date, we have been working with a map which was prepared in 1970, prior to com- pletion of the floodwall. The pre- vious map classifies most of the area covered by the 1965 flood as the flood hazard area and re- quires that all construction, re- lated to federal financing, in that 584 Special Session; November 17, 1975 area be covered by flood Insur- ance. The financial institutions and the insurance cQmpanies have been vitally interested in havjng the City request revised maps that would reflect the benefits of the floodwall. This revision, I helieve, compiies with their desires and should be of substantial benefit to the people iiving in tbe previously classified flood hazard area. The new map becomes effective Octo- ber 31, 1~75. Any citizen or firm has the opportunity, within the next 90 days, if they do nQt agree With ibe new boundary limits, to request that an amendment be made. Copies of the map are being dis- tributed to all financial institu- tions in the community. Francis A. Murray Assistant City Manager Councilman Stackis moved that the communication be received and filed. Seconded by Councllman Tully. Carried by the fol1owing vote: Yeas~Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays-None. Communication of League of Women Voters stressing the need for adoption of a formal annexa- tion poiicy and requesting con. tinued deiiberations to come forth with an annexation poiicy in the near future, presented and read. Mayor Justtnann moved that the communication be referred to Council. Seconded by Councllman Stackis. Carried by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays-None. November 14, 1975 Honorable Mayor arid City Council You have before you an ordi' nanceto provide that the alley be- tween 5th and 6th Streets-Main and Locust Streets, be made a two- way alley. I have attached a copy of a let- ter frQm Chief O'Brien substantiat- ing ibis change. We request that you favorably consider the ordinance. Gllbert D. Chavenelle City Manager Mayor Justmann moved that the communication be received and filed. Seconded .by Councilman Stackis. Carried hy the following vote: . Yeas-Mayor Justmann, Council- men Brady, Lundb, Stackis, Tully. Nays-None. ORDINANCE NO. 45.75 An Ordinance amanding Ordi- nance No. 33.49 known as the "Traffic Code of Dubuque, Iowa" as amended by repealing Sub. section b of Section I of Sched- ule I and enacting a new sub. section b. of Section I of Sched- ule I in lieu thereof to provide that traffic shall move northerly only in the alley between Locust Street and Main Street' from West First Street to West Fourth Street and from West Sixth Street to West Twelfth Street, Presented and read. Councllman Stackis moved that the reading just had be considered the first reading of the Ordinance. Second- ed by Mayor Justmann. Carried by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays-None. Councilman Stackis moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action Is taken, be dis- pensed with. Seconded by Mayor Justmann. Carried by ibe follow. ing vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays-None. ORDINANCE NO'. 45.75 AN ORDINANCE AMENDING ORD- INANCE NO. 33-49 KNOWN AS THE "TRAFFIC CODE OF DUBUQUE, IOWA" AS AMENDED BY REPEAL- ING SUBSECTION b OF SECTION I OF SCHEDULE I AND ENACTING A NEW SUBSECTION b OF SECTION 1 OF SCHEDULE I IN LIEU THEREOF TO PROVIDE THAT TRAFFIC SHALL MOVE NORTHERLY ONLY IN THE ALLEY BETWEEN LOCUST STREET AND MAIN STREET FROM WEST FIRST STREET TO WEST FOURTH STREET AND FROM WEST SIXTH STREET TO WEST TWELFTH STREET. NOW THEREFORE BE IT ORDAIN- ED BY THE CITy COUNCIL OF THE CITY OF DUBUQUE, IOWA, S"don I. Tho< O,din,uoe No. 33-49 known" tho "T"ffk Cod, 01 Dubuqu" low," " ,m'ud,d b, 'ud, th, "m' i, hCtoby ,mended by "p"ling Sub"ction b 01 S",ion I 01 Schodul, I 'h,,'ol ,nd Special Session, Novernber 17, 1975 585 "",dng , new Sub""iou b to Scotian 1 01 Schedul, I in lieu thmol" follow", "SCHEDULE I. I. T"ffic ,h,']1 mm uo"hcdy only, b, lu th, ,Iky b"w"n Loou" Stta" ,nd M,iu Seta" horn We" Fi", St"" to W", Fou"h Stta" ,ud horn W", Sixth St""t to W", Twelfth S",ot." P""d, 'ppcoved ,nd ,dopttd chi, 17th d,y of Novomb", 197L C. Rob", Ju"m,nu M,y", Alvin E. I.uudh Thom" A. Tully Jt. J,m" E. B"dy Emil Stocki, Councilmen ATTEST, Loa F. Fcommdt. City CI"k Publi,h,d offici,lIy in th, Tdes"ph H",ld N,w,p'p" thi, 20th d,y 01 No- vemb" 197>. 1.'0 F. FcommeIt City CI"k It 11/20 Councilman Stackis moved final adoption of the OrdInance. Sec. onded by Mayor Justmann. Carried by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackls, Tully. Nays-None. Petition of Citizens for Decency thru Law requestIng to be heard at tbe meeting, also presenting a Legislature study for the State of Iowa done by Attorney James J. Clancy who has won cases at the U. S. Supreme Court level, pre- sented and read. Councilman Stcakis moved that the petition be received and filed. Seconded by Councilman Tully. Cartled by the following vote: Yeas-Mayor Justmann, Councll- men Brady, Lundh, Stackis, Tully. Nays-None. Councilman Stackis moved to suspend the rules to let anYQne present address the Council if they so desire. Seconded by Councll- man Brady. Carried 'by the follow- ing vote: Yeas-Mayor Justmann, Councll- men Brady, Lundh, Stackis, Tully. Nays-None. Mrs. Marting and Mrs. Furuseth addr,essed the Council requesting a positive stand on obscenity be ta- ken by Councll. Communication submitted by Mrs. Marting receIved from Ander- son-Weber Inc., George Deininger, Lee Francis, Higley Chemical Co., Hillcrest Family Services, John- nie's Sport Center, Bev. Krausman Realty, Joan O'Brien Realty, Theo- dore G. Hingtgen, Mulgrew Oil Co., Knippel's Teresa Pluym, John H. Pollock, Rainbo Tire Service, Rossiter & Hamn¡, Thompson's, Trausch Baking Co., Weber Paper Co., Walsh Stores and Frommelt Industries, voicing oppositions to zoning for "adult entertainment," presented and read. Councilman Stackis moved all communications be received and filed. Seconded by Councilman Tully. Carried by ibe following vote: Yeas-Mayor Justmann, Council. men Brady, Lundh, Stackis, Tully. Nays-NQne. November 7, 1975 Honorable Mayor and City Council This is to advise you that the City of Dubuque 1975 Asphalt Pav- ing Project No.1 has been com- pleted in accordance with the City of Dubuque plans and specifica- tions. I, therefore, recommend the ac- ceptance of the above named proj- ect. . Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed. Seconded by Council- man Lundh. Carried by the follow- ing vote: Yeas-Mayor Justmann, Council. men Brady, Lundh, Stackls, Tully. Nays-None. .FINAL ESTIMATE RESOLUTION NO. 416.7S WHEREAS, the contract for the, City of Dubuque 1975 Asphalt Paving Project No. 1. SECTION I Dodge. Street from the east curb iine of Bluff Street to a point 325 feet east of the east curb line of Grandview Avenue. ' . 'SECTiON II Dodge Streei widening from.the east curb line of Grandview Ave- nue toa point 325 feet east of the east curb line of Grandview Avenue. SECTION III 1. Alley from the west end of Cherry Street to the north curb. line of Pennsylvania Avenue. Passed, adopted and approved this 17ib day of November, 1975. C. Robert Justmann Mayor Alvin E. Lundh Thomas A. Tully, Jr. James E. Brady Emil Stackis Councilmen 586 Special Session, November 17, 1975 Special Session, November 17, 1975 587 2. Althauser Street from the south curb line of Edison Street to the east curb line of Stafford Street. 3. Edison Street from the west curb line of Althauser Street to the east curb line of Stafford Street. 4. East Fourteenth Street from the east curb line of White Street to the west curb line of Elm Street. 5. Fengler Street from a poInt 50 feet west of the Overpass to a point 50 feet east of the Overpass. 6. Grandview Avenue from the north curb line of Kaufmann Ave- nue to the north curb line of Kane Street. 7. Loras Blvd. and University Avenue Intersection-Island. 8. Mount Carmel Road from the north property line of South Grand- view Avenue north 517 feet to the end of the existing concrete pave- ment. 9. Paul Street from the north property line of Clarke Drive to the south property line of Lowell Street. 10. Pennsylvania Avenue from tbe west curb line of John F. Ken- nedy Road to ibe west property line of Key Knolls Subdivision. 11. Rockdale Road from the south property line of A. H. Oeth Subdivision No.4 to the old City limits, a distance of 2,121.27 feet. 12. Ninth Street and University Avenue Intersection-widening at the souibeast corner. Has been completed and the City Engineer has submitted bis final estimate showing the cost thereof including the cost of estimates, no- tices, inspection, and preparing the assessment and plat, now therefore, BE IT RESOLVED, by the Ciiy Council of tbe City of Dubuque, That the èost of said Improve- ment is hereby determined to be $558,202.12. That $75,251.55 of the cost ibereof shall be assessable upon private property and $378,522.88 shall be paid from the Road Use Tax Fund and $104,427.69 sball be paid from the State of Iowa Re- fund Fund of the City of Dubuque. Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays-None. 6. Grandview Avenue from the nortb curb line of Kaufmann Ave- nue to the north curb line of Kane Street. 7. Loras Blvd. and University Avenue Intersection-Island. 8. Mount Carmel Road from the north property line of South Grand- view Avenue north 517 feet to the end of the existing concrete pave- ment. 9. Paul Street from the north property line of Clarke Drive to the south property line of Lowell Street. 10. PennsylvanIa Avenue from the west curb line of John F. Ken- nedy Road to the west property line of Key Knolls Subdivision. 11. Rockdale Road from the south property line of A. H. Oeib Subdivision No.4 to the old City limits, a disiance of 2,121.27 feet. 12. Ninth Street and University Avenue Intersection-widening at the southeast corner. Has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the con- tract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that tbe recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City Engineer be and is hereby di- rected to prepare a plat and sched- ule showing the lots or parcels of real estate subject to assessment for said improvement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's inten- tion to levy special assessments therefor, as required by law. BE IT FURTHER RESOLVED, that the Clty Tceasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of street improvement bonds issued upon the above described improvement in amount equal to the amount of his contract, ie"s any retained per- centage provided for therein. (A Resolution Accepting Improve- ment and Directing the Clerk to Publish Notice.) RESOLUTION NO. 417.75 WHEREAS, the contract for the City of Dubuque 1975 Asphalt Pav- ing Project No. 1. SECTION I Dodge Street from the east curb line of Bluff Street to a point 325 feet east of the east curb line of Grandview Avenue. SECTION II Dodge Street widening from the east curb line of Grandview Ave- nue to a point 325 feet east of the east curb line of Grandview Ave- i nue. SECTION III 1. Alley from the west end of Cherry Street to the north curh line of Pennsylvania Avenue. 2. Alibauser Street from ibe south curb line of Edison Street to the east curb line of Stafford Street. 3. Edison Street from the west curb line of Altbauser Street to the east curb line of Stafford Street. 4. East Fourteenth Street from the east curb line of White Street to ibe west curb line of Elm Street. 5. Fengler Street from a point 50 feet west of ibe OverpasS to a point 50 feet east of the Overpass. Passed, adopted and approved this 17th day of November, 1975. C. Robert Justmann Mayor Alvin E. Lundh Thomas A. Tully, Jr. James E. Brady Emil Stackis Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adoI" tion of the resolution. Seconded by Councilman Lundh. Carried by ibe following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays-None. November 14, 1975 Honorable Mayor and City Council I herewith transmit a proposed form of contract with Brice-Pet- rides Associates, Engineers, for a Corridor Location Study of the North-West Arterial. This contract has been prepared in consultation with the Iowa Department of Transportation and Federal High- way Administration and has been found acceptable to them and in conformance to their regulations governing federally-aided roadway projects. We have also attached a pro- posed Resolution authorizIng the execntion of ibis contract, and rec- ommend that it be adopted. Mr. Petrides and our staff will be pres- ent at your meeting and we re- quest the opportunity to review this matter. Gilbert D. Chavenene City Manager Mr. King of Brice-Petrides Asso- ciates spoke to Council relative to proposed form of contract. Councilman Lundh moved ibat the communication of City Man- ager be received and filed and adoption of proposed resolution be held over for one week. Seconded by Councilman Brady. Carried by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays-None. RESOLUTION NO. 418.75 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined; 588 Special Session, November 17, 1975 NOW THEREFORE BE IT RE- SOLVED hy the City Council of the City of Dubuque, Iowa, that the following applications be grant- ed and permits Issued upon the compliance with tbê' terms of the Ordinances of the City. CLASS "C" BEER PERMIT Lucky Stores, Inc., 200 South Lo- cust Street Passed, adopted' and approved this 17th day of November, 1975. C. Robert Justmann Mayor Alvin E.Lundh Thomas A. Tully, Jr. James E. Brady Emil Stackis Councilmen Councilman Stackls moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the followIng vote: Yeas~Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays-None. RESOLUTION NO. 420..75 WHEREAS'- applications for LIq- uor Licenses have heen submitted to this Council for approval and the same have been examined, NOW THEREFORE BE IT RE- SOLVED by the CIty Council of the City of Dubuque, Iowa, that the following applications be ap- proved and licenses issued upon the compliance with the provisions of Chapter 131, Acts of the First Regular Session, 64th General As- sembly. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Shirley L. Chidester, 2417 Rhom- berg Avenue Town Clock Inn, Inc., 8th and MaIn, Nesler Center Lowrlê E. smIth, 521 East 22nd , Street ' Passed, adopted and ,appro"l"'[¡ this 17th day of November,1975. C. Robert Justmann Mayor Alvin E. Lqndh ThomasA. Tûlly, Jr. James E. IJradY , Emil Stackis Co'uncilriiêri Attest: Leo F. Frommelt CIty Clerk Councilman Ståckis moved adop- tion of the resolution. Seconded by èouncllman Lundh. Carried by the fOllowing vote: - Yeas--'Mayor Justmann, Council- men Btady, Lundh, Stackis, Tully. Nays-None. RESOLUTION NO. 419-75 WHEREAS, applications for Beer ',;Beimits were filed by the within named applicants and they have re~eived the approval of, thIs Coun- '_on; .¡"d' '" WHEREAS, the premises to be ðccupied"by such applicants were inspected' 'and found to comply ..withthê' Ordinances of this City \!lnd-,they' h.ve filed proper bonds; NOW THEREFORE BE'ITRE- 'SOLVE!' ' by the' City Council of the City of Dubuque, Iowa, that the Manager be authorized to <¡a\\se'lo be issued to the followIng named applicants a heer permit. , CLASS "C" BEER PERMIT ,Lucky'Stores, Inc., 200 South 1.0- , cust Street Passed, adopted and approved ¡his 17th day of November 1975. , C. Robert Justmann Mayor Alvin E. Lundh Thomas, A. Tully, Jr. James E. Brady Emil Stackis Councilmen Attest: Le,o F.., Frommelt City Clerk ' , Councilman Stackis moved' adop- tion of the resolution.. Seconded by Councilman Lundh. Carried' by the following vote: Yeas--'Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays-None. ' RESOLUTION NO. 421.75 WHEREAS, applicatlons'for Liq- uor, Licenses, were filed, by the within named aPPlicants and they ha"l'e. recêived the. appro"l'al of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto arid they have filed proper bonds, 'Attest: i Leo F. Frommelt !Ciw,Clerk 589 Special Session, November 17, 1975 NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be is- sued to the following named ap- plicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Shirley L. Chidester, 2417 Rhom- herg Avenue Town Clock Inn, Inc., 8th and Main, Nesler Center Lowrie E. Smitb, 521 East 22nd Street Passed, this 17th adopted and approved day of November 1975. C. Robert Justmann Mayor AlvIn E. Lundh Thomas A. Tully, Jr. James E. Brady Emil Stackis Councilmen Attest: Leo ]f. Frommelt City Clerk , CouncilmanStackis movedadop- iïpn' ,of the resolution. Seconded by ! Councilman Lundh. Carried by the follpwingV!)te: Yeas-Mayor Justmann, Council- men Brady" Lundh,Stackis, Tully. ".Nays~None,' , 'Á,t 9:30' P.M. ,Co~ncilman ,Brady: moved tògo', into ,Executive Ses- ,S,ion, ¡p~pÌ\oint members to the newly formed ¡¡ehabilitation Com- mission.. Seconded by r-'!ayorJust- manh:Càrried 'by the following, rote: , ! Yeas-"Mayor Justmann, Council- men Brady, Lundh,Stackis, ,Tully. Nays-None. Council reconvened. in Regular Session at 9:47 P.M. with the con- census'they do not have enough applications as y'et; will go back at it again next week. There being no further business, Mayor Justmann moved to ad- journ. 'Seconded by Councilman Stackis. Carried by the following ~ote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. , Nays-None. Leo F. Frommelt City Clerk Approved................. .1976 Adopted ...................1976 """""""""""""""""""""""""""""" ..,......................................................... """""""""""""""""""""""""""""" ............................................................ """"""""'c~Wië¡ï;;¡ëñ"""""""""'" """ciiÿ"'ëië¡:k""""""""""'" 590 Special Session, November 24, 1975 CITY COUNCIL OFFICIAL Special Session, November 24, 1975. Counc:iI met at 7:30 P.M. (C.S.T.) Present-Mayor Justmann, Coun. cilmen Brady, Lundh, Stack!s, Tully. City Manager Gilbert D. Chavenelle. Mayor Justmann read the call and stated that service thereof had been duly made and this meeting is called for the PURPOSE OF CONSIDERING AWARD OF CON. TRACT FOR THECONSTRUC. TION OF A 12" WATER MAIN OVER THE 16th STREET BRIDGE and acting upon such oiher busi- ness as may properly come before a Regular Meèting of the Council. Communication of Iowa Depart- ment of Environmental Quality ap- proving the sanitary and function- al features of 250' 6" water main extension of St. George Sub. #2, presented and read. Mayor Just- mann moved that the communica- tion be received and filed. Sec- onded by Councilman Lundh. Car- ried by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays-None. Communication of Iowa Depart- ment of Environmental Quality submitting a proposed Water Qual- ity Management Plan for the Northeastern Iowa Basin, also a copy of legal notice of public hear- ing to be held on December 30, 1975, at 9th Street Fire Station at 7:30 P.M., presented and read. Councilman Stackis moved that the communication be received and filed. Seconded by Council- man Lundh. Carried by the follow- ing vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays-None. November 20, 1975 Honorable Mayor and Members of the City Council I have approved the certificate of lnsurance covering a sidewalk construction bond for Delbert G. Miller, No. 994535, effective to 12- 11-76 and wish to have your ap- þrovai of same. Gilbert D. Chavenelle City Manager Councilman Lundh moved that the communication be received and filed and filing be approved. Sec. onded by Councilman Stackis. Car- ried by the following vote: Yeas~Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays-None. Communication of Paul From- melt and Frommelt Industries ob- jecting to proposed Ordinance, zon- ing areas for massage parlors, etc., presented and read. Councilman Stackis moVed that the communi- cation be received and filed. Sec- onded by Councilman Brady. Car- ried hy the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundb, Stackis, Tully. Nays-None. Communication of Willie Wil- liams, Branch Manager of Sherwin- Williams, objecting to rezoning areas for adult entertainment, pre- sented and read. Councilman Stack- is moved that the communication be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays-None. Communication of Gertrude E. Scherr of 1695 N. Grandview re- questing Council to gIve aerious consideration to the idea of an adult entertainment .zone as it may kill the downtown area, presented and read. Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundb, Stackis, Tully. Nays-None. November 19, 1975 Honorable Mayor & City Councilmen On November 3, 1975, the peti- tion of Mrs. Mary Lee Marting, President of Dubuque Chapter of Citizens for Decency through Law, filed a written communication al- leging that hecause of the recent Home Rule Decision in July 1975, the City is now in a position to file and enact a proposed form of ordinance which is entitled "Mod- el Civil Statute to Abate Nui- sance," (revised January 1, 1975.) At the City Council meeting of November 17, 1975, Mrs. Mary Lee 591 Special Session, November 24, 1975 Marting together with Mrs. Patricia Furuseth appeared before the City Council and at which time Mrs. Marting furnished additional infor- mation concerning the proposed form <Yf ordinance. At said meeting, Mrs. Marting admitted that she had been in con- versation with Attorney General's office who advised her that this "Model Statuie to Abate Nui- sance," while it could be enacted, would not be enforceable by rea- son of the fact that in the regula- tion and prohibition relating to obscenity and pornography the State has arrogated this area unto itself. Section 725,9 relating io Uni- form Application provides as fol- lows: "725.9 UNIFORM APPLICATION. In order to provide for the uni- form application of the provisions of sections 725.1 to 725.10 relat- ing to obscene material applicable to minors within this state, it is intended that the sole and oniy regulation of obscene material shall be under the provisions of these sections, and no municipal- ity, county or other governmental unit witbin tbis state shall make any law, ordinance or regulation relating to the availability of ob- scene materials. All such laws, or- dinances, or regulations, whether enacted before or after said sec- tions, shall be or become void, en- forceable and of no effect upon July 1, 1974." In view of the foregoing Section, and in view of the opinion of the Attorney General as expressed to Mrs. Matting, I wish to say I con- cur. Accordingly, we are maintaining a ready file on this matter await- ing action of the legislature of the State of Iowa. R. N. Russo City Attorney Councilman Lundh moved that the communication be received and filed and referred to Council. Seconded by Councilman Tully. Carried by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays-None. Communication of Mayor Just- mann submitting a report to Coun- cil on gift of Emerald Necklace to the Citizens of Ciiy of Dubuque, presented and read. Mayor Just- mann presented a map to City Council showing land in the North Catfish Creek area to tie into a pro- posed lake, in lieu of gift of Emer- ald Necklace idea referred to in his communication. Mayor Just- mann moved that the communica- tion be received and filed and a study on the feasibility of use be authorized and referred to the Planning Group. Seconded by Councilman Stackis. Carried by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis,Tully. Nays-None. November 20, 1975 Honorable Mayor and City Council During a September meeting of the City Council the City Manag- er's Office was authorized to en- ter into a public service employ- ment (CETA) contract with the Iowa State Office for Planning and Programming for the purpose of finding work for unemployed and underemployed city residents. Included in the contract was funding for the hiring of an Equal Employment Opportunity Officer until June 3D, 1976. Final inter- views are now being conducted for the position and when a selection is made the City Council will be advised. Gilbert D. Chavenelle City Manager Councilman Stackis moved that tbe communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays-None. Communication of Dubuque Transit Trustee Board submitting minutes of their meeting of No- vember 13, 1975, presented and read. Councilman Stackis moved that the minutes be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays-None. Communication of Planning & ~oning Commission submitting mintes of their meeting of Novem- 592 Special Session, November 24, 1975 ber 19, 1975, presented and read. Councilmen Stackis moved that the minutes be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas"-Mayor Justmann, Council- men Brady,Lundh, Stackis, Tully. Nays-None. Communication of Dubuque Low- Rent Housing Commission submit- ting minutes of their meeting of November 18, 1975, presented and read. Councilman Stackis moved ibat ibe minutes be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays-None. November 19, 1975 Honorable Mayor and City Councilmen On October 8, 1975, Mrs. Thomas (Janet) Dempsey of 1906 Ellen Street, filed claim for damages against the City of Dubuque in the approximate amount of $500.00, claiming said damages occurred to the basement of her resIdence and its contents on October 5, 1975 as the result of a sewer backup. Tbis matter was referred to the appropriate City Agency who has made an investigation of said mat- ter and reports by way of letter ibat they find no actionable negli- gence or liahility on the part of the City. Accordiugly, it is the rec- ommehdation of the City Attorney that the claim of Janet Dempsey be denied. Original claim is returned here- with. R. N. Russo City Attorney Mayor Justmann moved that the recommendation of denial be ap- proved. Seconded by Councilman Stackis. Carried by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays-None. Novemher 19, 1975 Honorable Mayor and City Councilmen On the 29th day of Septemher, 1975, Joyce L. Talmo filed claim against ibe City of Dubuque, Iowa, in the sum of twenty-one dollars and eleven cents claiming damages to her tires as a result of striking a protruding metal sidewalk plate at 20th and Windsor, Dubuque, Iowa. This matter was referred to the City Attorney who in turn com- municated with ibe property own- er, involved and that the said City Attorney was advised on this 12th day on November, 1975, telephoni- cally, that she had received the check in full payment. Accordingly, this disposes of the matter at no expense to the City. Original claim is returned here- with. R. N. Russo City Attorney Mayor Justmann moved that the communication be received and filed. Seconded by Councilman Stackis. Carried hy ibe following vote: Yeas-Mayor Jusimann, Council- men Brady, Lundh, Stackis, Tully. Nays-None. November 6, 1975 Honorable Mayor and City Councilmen On March 11, 1975, Mrs. Frank (Lucille) Suess filed claim against the City of Dubuque, Iowa, asa result of a fall allegedly occurring on the 28th day of February, 1975, at the northeast corner of Loras Boulevard and Alta Vista Street, claiming that a defective condition existed thereat, consisting of snow and ice on the sidewalk. This claim was referred to the City Attorney who has been in communication with the elaimant and on the 6th day of November, 1975, the claimant made an offer of settlement in the amount of $175.00. It is a recommendation of ibe City Attorney that ibe offer of set- tlement in the amount of $175.00 made by Mrs. Frank Suess be ap- proved, and the City Auditor be instructed to draw a warrant pay- able to Lucille Suess and Frank Sness, her husband, in the amount of $175.00, and transmit the same to the City Attorney for delivery to the claimant upon receipt a duly executed release. Origina! claim is returned here- with. R. N. Russo Mayor Justmann moved that the recommendation of settlement be Special Session, November 24, 1975 593 ápproved and City Auditor be di- rected to issue proper warrant. Sec- onded by Councilman Stackis. Car- ried by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays~None. November 18, 1975 Honorable Mayor and City Councilmen The petition of Lynn and Mary Jo Beauchamp, filed October 22, 1975, relating to the alley en- croachment by Mr. Richard Ave- narlus, in the vicinity of 1010 All- hauser Street, in ibe City of Du- buque, Iowa, and the communica- tions of Mr. & Mrs. William Mar- shaH, filed on October 31, 1975, touching on the same matter in alleging that Mr. Avenarius was cutting down trees, and, in effect, creating a condition conducive to wash-outs and deterioation of ibe steep hillside. This was referred to the staff and the City Attorney, and I beg to advise that a physical examina- tion of the site was made, and it appears that it's acknowledged that tbe fence of the Avenarius property encroaches upon a pub- lic alley tbe full widih thereof, for tbe distance of some approximately 20-30 feet. Admittedly, this con- dition has existed for some time, and the neighbors have seen fit not to challenge such encroach. ment heretofore. Now it appears thai, due to some differences, the parties are stand- ing on their relative rights. To my knowledge, Mr. Avenarius is not paying the City any rent for the area he occupies. I find no legal justification for such encroachment. The letter of Mrs. William Mar- shall .has been referred to the staff, and the City Attorney, and we, the City Manager, together with the members of his staff, and the City Attorney did make a physical inspection of ibe site, and Mr. Kramer did make a detailed examination of ibesite, and re- ported that ibe cutting of trees and sbrubbery on the alley will not produce a condition where soil eroSion will result. I find no legal justification or àùthority for Mr. Avenarius to en- ter upon City owned property to cut any irees or brush therefrom. R. N. Russo City Attorney Mayor Justmann moved that the communication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays-None. November 21, 1975 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has held a public hearing on a series of amendments to the Zoning Ordi- nance No. 32-75. The amendments, as contained in the attached draft ordinance, are to correct certain technical features of the new zon- ing code, as deficiencies were noted after the original draft had been acted upon by the Council. The Commission has determined that the proposed amendments are appropriate, and hereby recom- mend their adoption. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays-None. AN ORDINANCE amending and changing OrdInance No. 32-75, known as the "Zoning Ordinance and Zoning Map of the City of DU- buque, Iowa" wbich amendments shall repeal, shan repeal and sub- stitute new language in lieu ibere. of, or shall add new language in lieu thereof, or sba!l add new lan- guage to the ordinance as herein- after described, presented and read. Councilman Stackis moved that ibe reading just had be con- sidered the first reading of the Ordinance. Seconded by Council. " man Tully. Carried by the follow- ing vote: Ye..s-Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays-None. 594 Special Session, November 24, 1975 Councitman Stackis moved that the rule requiring an Ordinance to be received and filed at two meet- ings prior to the meeting when final action is taken be dispensed willi. Seconded. by Councilman Tully. Carried by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays-None. Councilman Stackis moved that a public hearing be held on the Ordinance on December 15, 1975 at 7:30 o'clock P. M. in the Coun- cil Chamber at the City Hall and the City Clerk be instructed to publish notice of the hearing in the manner required by law. Sec- onded by Councilman Tully. Car- ried by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays-None. Petition of Lloyd S. Gudenkauf, requesting relief from a section of ihe new Zoning Ordinance relative to extension of roof lines from a strncture in the area of W. 16th Street, presented and read. Coun- cilman Lundh moved that ihe pe- tition be referred to the Board of Zoning Adjustment. Seconded by Mayor Justmann. Carried by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays-None. Petition of Francis J. Kelly & Co!. Wayne Daffron, Ia. Nat'l Guard, requesting permission to address Council to request ground for the construction of a new Na- tional Gw..d Armory in Duhuque, funding will be available in 1976, presented and read. Councilman Stackis moved to suspend the rules to let anyone present address the Council if they so desire. Second- ed by Councilman Lundh. Carried by the fol1owing vote: Yeas_Mayor Justmann, Council- men Brady, Lundh, Stackis, Tul1y. Nays-None. BPigadier General Kelly and Co!. Dafron addressed the Council stat- ing the need of 7 acres of donated ground; Must have a clear title by July 1, 1976, and, certified by the Attorney General; Construction proposed for fiscal yoar 1978. Conneilman Stackis moved that the petition of Francis J. Kelly be referred to the City Manager and he be directed to work with people involved. Seconded by Councilman Lundh. Carried by the fol1owing vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays-None. Petition of John J. "Hank" Waltz, President of Wasbington Neighbor- hood, requesting to address Coun- cil for the purpose of having Southern part of Washington Neighborhood rezoned from "Com- mercial & Industry District" to "OR-1 District" presented and read. Hank Waltz and Bob Saw- vell, representing the Washington Neighborhood, spoke to the Coun- cil on the petition and submitted additional petition with 120 signa- tures requesting the rezoning. Councilman Lundh moved that the petitions be received and filed and referred to Planning & Zon- Ing. Seconded by Councilman Stackis. Carried by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays_None. A RESOLUTION establishing a moratorium on all rezoning re- quests, and instructing Planning & Zoning Staff and Commission to schedule no rezoning request hear- ings or work sessions during the next 120 days (except for those already set for public hearing and Council declared emergencies) to speed the annexation proposal to Council, presented and read. Coun- cilman Brady moved adoption of tbe resolution. Seconded by Coun- cilman Lundb. Vote on the motion was as follows: Yeas-Councilmen Brady, Lundh. Nays - Mayor Justmann, Coun- cilmen Stackis, Tully. MOTION FAILED. Councilman Brady moved that the resolution be referred to the Planning & Zoning and City Solici- tor for information. Seconded by Mayor Justmann. Carried by the fol1owing vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Tully. Nays-Councilman Stackis. Communication of Councilman Brady submitting resolution re- questing North-West By-pass Con- sultants give serious consideration to the routing of the North end of .. Special Session, November 24, 1975 the By-pass and requesting Council support, presented and read. Coun- cilman Brady moved that the com- munication be received and filed- Seconded by Mayor Justmann. Car- ried by tbe following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays-None. RESOLUTION NO. 422-75 R"lating Council Concern to Còn.ulta,nt on North-West By- Pass Roule Study WHEREAS, ihe City of Dubuque is about to engage the services of an Engineering Consultant for the putposes of studying a route and alternatives for a possible North- West By Bass reaching from High- way 20 on the West to Highway 52 onibe North,and will proceed with a corridor location study in- cluding economic and environment- al impact siartements; and WHEREAS, 3<2nd Street is being considered as one or these pos- sible corridors for the northerly branch of the by-pass; and WHElREAS, the 32nd Street cor- ridor 'already contains, a large num- ber of residences ,and structures which may be extremely expen- sive and, impracticable to work around or relocate; and WHEJREAS, the 32nd street cor- ridor now functions as a collector street wberein many smaller streets of necessity empty onto it, and whereas the traffic from these streets would appear to be incom- patible with the Expressway Func- tions and may interfere with its design and purpose; and WHEREAS, the corridor and traffic onditions on Highway 52 just north of the 32nd street in- tersection, are heavily developed commerciaIly and are constrictive at that joint, and appears question- able as to the desirabiiity of that area as a major interchange; and WHEREAS, the major exchange of traffic appears to be in tbe area of Highway 386 Sowth and High- w,ay 52, and thai Highway 386 is for the most part elevated near the junction, and somiJ design relief will be necessary near that inter- section as freeway plans progress; and WHEREAS, a natural gentle val- ley known as the Union Bark Val- ley area lies adjacent to that major intersection, and could serve as a 5'95 steady, natuTal inclined route in the South-westeriy direction to an intersection in the vicinity of 32nd Stree,t and J.F.K Road; and WHEREAS, aimost no structures or residences lie along that cor- ridor and the apparent economic and environmental impact wouid appear to be less, and no housing reloc-ation would be caused. NOW, THEREFORE, BE IT RE- SOLVED: That We, the City Coun- cil of the City of Dubuque, Iowa, do go on record to state these con- cerns, and do hereby instruct our Consultant on the North-WestBy Pass to Study and Report to the Ci,ty Council of Dubuque on the foIlowing: Section I. That Ithe value of the 32nd Street corridor ,as the north- erly position of the North-West By Pass appears questionable and the Council asks the Consultant to analyze its weaknesses and look for serious alternate routes which will be reported to the City of Dubu- que. Sec1'ion 2. That the Consultant take as one of the three a1ternates to be studied, an aligmnent which will extend from 32nd Street and J.F.K. Road to near the junction of Highway 386 South with High- way 52, thru the old corridor trav- eled by the Union Park Streetcars, with the possible inclusion of an eievated interchange wiih Highway 386 running over Highway 52. Passed, adopted, and approved this, 2~ih day of November, 1975. C. Robert Justmann Mayor Alvin E. Lundh Thomas A. Tuliy, Jr. James E. Brady EmU Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Brady moved adop- tion of the resolution. Seconded by Mayor Jwstmann. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays-None. RESOLUTION NO. 423.75 A Resolution Authoridng the Mayor a,nd Cily Clerk tò Exe- cute a Contract for Engineer- ¡'ngSe,rvice. fo,r e Corridor 500 Special Session, November 24, 1975 Location Study of a pro'posed SERVICES 'attached to said Con- No,rth-West Arterial Roadway traci for Engineering services he wm;JREAS, Resolution No. 92-75 amended as follows: has provided for the selection of .a. thatparagrapb C of PRE- '-Brice-Petrides and, Associate's,.to :Bv ALUATION STAGE be deleted . provide consulting engineering and a new paragraph C be inserted services for a Corridor Location in'liéu thereof as follows' . Study. of a proposed NoDth-West "C. A "Public Informa!ïon~l Meet. Artenal roadway; and ing" will he convened by the Du- WHEJREAS, said Resolution No. buque City Council ,to explain the 9M5 has instructed the City Man- methodolngy to. be used in con- ager to prepare a form of contract' ducting the Corridor Location ;vith sa!d consultant providing for Study. During the meeting and for a scope of services and method of the next month after completion payment; and of the meeting, community partici- , WHEREAS, said form of con- pation will be sought in the form ,traet has been prepared and is of route preference questlonna!res hereto attached' and and by visiting with interested citi- WHEREAS, Resolution No. 93-75; ze!'s in order to establish alternate has provided for the execution of a a!lgnments. , J'roject Agreement with the Iowa ~ h. that paragraph', F. of' PRE- Department of Transportation; 'and EVALUATION STAGE be deleted provides for the eligibility of the and. a ~ew paragraph F. be insert- fóregoÌ!igproject for consulting ed III !leu thereof as follows; engineering services for participa- ' F. Consultants shall provide a lion in the Federal-Aid Urban Sys- recommendation to the Dubuque tems program; : City Council and to the Policy and NOWT!IEREFORJE BE IT RE- Technica! Commitiees of the Du- SOLVED BY THE MAYOR AND buque Metropolitan Area Trans- CITY COUNOIL OF THE CITY OF poI1tation 'Study as to the'alter- DUBUQUE, IOWA: note alignments to -be further " Sectio"¡ I. Tbat the Mayor and evalua~ed in the Evaluation Stage. City Clerk be and the same are Followmg the r~port of the J?ubu- hereby ,authorized ,and instructed q'!e CIty Councll, the CommIttees to ',I'xecrtte the acceptance of the wIll select the. alten;ates to be 'C:oritracltfor Engineering Services evaluated and wIll nptlfy the Con- hetetô atta~hed, on bebalf of the sultant to proceed wIth -the evalua- Qity~f. D:ubuque, Iowa, and sub- tlon. , . . , 'ject to"conditions and amendments c. that paragraph .H. of EVAL- hereinafter prescribed. UATION STAGE be delctéd aiit! .. SecÍion 2~ That the acceptance ~,n~:r,p~a,gráPhH. b~lnse~ted and execution of, the aforemention- III lieu' tllereóf hs follows;' ", ed .«ol1lÌract by the City of Duhu- H. A,public hearing wl11lie MId que,iowa shall be conditioned up- hy the Policy Committee of the on the acceptance 'and approval of Dubuque MetTopoljtan Area Trans- such Contract by the Iowa Depart- portatlOn Study for. the project. ment of Transportation and the Consultant shall make available all Federal Highway Administration materials, drawings" exhibits, slides and that failure of either party io and tapes of the last informartional so, accept ,and approve shall cause meeti~g If requested by the Policy the col1lÌract to be nuli and void. Committee. Se<tion3. That acceptance and !passed a'dopted and 'approvep execution of this Conttactbythe thIS 2-<lth day of November, ,1975. City. Of Dubuqu~, Iawa is made pur- C. Robert Justma~n suant to a PrOject Agreement au- Mayor thorized in Resolwtion No. 93-75, Alvin E Lundh which Agreement has secured the, Thoma; A Tully Jr p,a"¡icipation of this project in the [ James E BradY' . Federal-Aid Urhan System pro-' EmU St~ckis gram. ¡ Councilmen Section 4. That the ADDENDUM- ' ATTEST: DETAILED DESCRIPTION OF, Leo'F.Frommelit PLANNING AND ENGINEERING i City Clerk .. Special Session, November 24, 1975 Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Tully. Carried by the following vote: Yeas .,-- Mayor Justmann, CiJnn- cilmen Brady, Lundh, Stackis, Tul- ly. Nays - None. Proof of Publication, certified to by the Publisher, of NoÜce of Con- tractors of the Receipt of Propos- als for Construction of 12" Water Main over the 16ih Street Bridge between Are,a "C" & Kerper Blvd., prese, nted and read. Councilman Lundh moved that the proof of pllblication be received and filed. Sèconded ,by 'Mayor Justmann. Car- ctêd by thé, following vote: , Yeas - Mayot Justmann, Coun- cilmen Br.ady, Lundh, Stackis, Tul- ly. Nays - None. November 20, 1975 Honorable Mayor and City Council Pursuant to your inSitructions, sealed bids were received untll 10:00 a.m., Thursday, November 20, 1975 for the City of Dubuque 12" Water Main over the 16th Street Bridge Project. The lowest bid entered was entered by Brac- onier Incorporated of Dubllque, Iowa; their bid was 14.92% over the Engineer's Estimate. I recommend that the contract for'thé improvements be aw<U'ded to Braconier Incorporated. , Gilbert D. Chavenelle City Manager Councilman Lundh moved that the communication be received and filed. Seconded by Mayor Just- mann. Carried by the following vote: Yeas - Mayor JustmmIll, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays ~ None. (Awa,rding Contract) RESOLUTION NO. 424-75 WŒJjEJR,EAS, sealed proposals have been submitted by contractors for the City of Dubuque 12" Water 'Main Project over the 16th Stree,t Bridge between Area "C" and Ker- per Blvd. pursuant to Resolution No. 403-75 and notice to bidders published in a newspaper publish- ed in said City on November 7, 1975 and November 14, 1975; and W1IEREAS, said sealed propos- als were opened and read on'No- vember 20, 1975, and it has been determined that the bid of Brac- onier Inc., of Dubuque, Iowa in the amount of $54;635.00 was the lowest bid for the furnis,hing of all labor and materials and perform- ing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by 'the City Council of the City of Dubuque that the contract for the above mentioned imp,rovement be award- ed to Braconier Inc. and the Man- ager be ,and he is hereby directed to execute a contract on behalf of the CIty of Dubuque for the com- plelte performance of said wòrk. BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the COI1- tractors bond the City Treasurer is authorized and instructed to retutn the bill deposits of the unsucess- ful bidders. Bassed and adopted this 24th day of November, 1975. C. Robert Justmann Mayor Alvin E. Lund'h Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Lundh moved adop- tion of the resolution. Seconded by Mayor Justmann. Carried by the foIlowing vote: Yeas - Mayor Justmann, Coun~ cihnen Lundh, Stackis. Nays - Councilmen Brady, TO\'. ly. " Proof of Publicwtion, certified. to by the Publisher, of Notice of Pendency of Resolution of Neces- sity and Hearing on proposed plans, specs., etc. on Contract No. 3 South Dubuque Interceptor San- itary ,Sewer HU]).WS,IOWA 99, presented and read. No wri,tten ob- jeciions were filed and no ora! ob- jectors were JTesent in the Coun- cil Chamber at the time set for the hearing. Mayor Justmann moved that the proof of publication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul' ly. Nays - None. 597 598 Special Session, November 24, 1975 Session, November 24, 1975 599 (Necessity for Improvement) RESOLUTION NO. 413-75 WREBEAS, proposed plans, spe- eifications,and form of contract have been duly prepared and ap- proved by the City Council of the City of Dubuque, Iowa, and are now on file in the office of the City Clerk showing among other things the foil owing: (I) Tbe plan of such improve- ment (2) An estimate of the cost of the improvement for the Contract No.3 South Du- buque Sanitary Interceptor Sewer HUD-WS-IO'W A-99 BE IT THEREFORE RESOLVED that the City Council on its own motion, deems it advisable and necessary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final consideration of this proposed res- olution have on file with the City Clerk, objections to the amount of the cost of the improvement, they shall be deemed to have waived all objections thereto. Said impravement shall be con- structed and done in accordance with the plans and specifications which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of' making said im- provement wiU be paid from San- itation Sewage Renial Fund and a Federal Grant. The above resolution was intro- duced, a¡tproved and' ordered placed on file with the City Clerk this 10ih day of November, 1975. RECORD OF FINAL ADOPTION The foregoing resolution was fi. nally passed and adopted, as pro- posed, by the City Council this 24tb day of November, 1975. C. Robert Justmann Mayor Alvin E. Lundh Thomas A. Tully, Jr. James E. Brady Emil Stackis Councilmen Attest: Lea F. Fremmelt City Clerk Councilman Stackis moved final adoption of the resolution. Second- ed by Councilman Lundh. Carried by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully.. Nays-None. Decision of Council upon objec- tions to plans, specifications, form of contract and cost of im. provements Passed, adopted and approved this 24,th day of November, 1975. C. Robert Justmann Mayor Alvin E. Lundh Thomas A. Tully, Jr. James E. Brady Emil Stackis Councilmen RESOLUTION NO. 425.75 WHEREAS, proposed plans and specifications and form of con- tract for the construction of Con- tract No.3 South Dubuque Inter. ceptor Sauitary Sewer HUD-WS- IOWA-99 have been approved by the City Council of the City of Du- buque and public notice given as provided by Chapter 384 of the Code of Iowa, 1975, pertaining to public contracts and bonds, and the iime and place fixed for the hearing of all objections to said plans, specifications or contract for or cost of such improvements, said time being this 24th day of No. vember, 1975; and WHEREAS, the City Council met in special session this 24th day of November, 1975, at 7:36 o'clock P.M. at the Councll Chambers in the City Hall for the purpose of hearing all interested parties and considering any and all objections which have been filed to the pro- posed plans, specifications or com- tract for or cost of the improve- ment herein described and pro- posed to be made; and WREBEAS, all interested par- ties have been given an opportun- ity to, be heard and all eh:iections which have been duy weighed and considered; now, therefore BE IT RESOLVED by the «;it¡¡ Council of the City of DubnqUl!', that all objecti<Ylls' which have been made and filed to the pIa...., specifications, contract for or cost of said improvement herein de- scribed and pro.posed to be made, be and the same is. hereby overruled and such plans, specifications and form of contract heretofore ap. proved are herehy adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of Ibis Council upon all objections which have been filed to the plans, specifications and form of cost of said improvement be, made a mailer of permanent record in connection with said im- provement. Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays-None. (OrderIng Construction) RESOLUTION NO. 426.75 BE IT RESOLVED by the City Council of the City of Dubuque that: Pursuant to a Resolution of Ne- cessity No. 413-75 which was duly pased by this Council for the Con- tract No.3 South Dubuque Sani- tary Interceptor Sanitary Sewer HUD-WS-IOWA-99. Be and the same are hereby or- dered and constructed by this Council upon its own motion and with or without the petition of property owners. All the work sball be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvement be paid from the Sanitation Sewage Rental Fund and Federal Grant. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of IMMEDIATE NE- CESSITY shall be in force and ef- fect from and after its passage and adoption by the City Council. Passed, adopted and approved this 24th day of November, 1975. C. Robert Justmann Mayor Alvin E. Lundh Thomas A. Tully, Jr. James E. Brady Emil Stackis Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved .adop- tion of the resolution. Seconded by Councilman Lundh. Carried by tbe following vote: Yeas~Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays-None. Communication of Teleprompter Cable TV submitting a resolution for consideration relative to liabil- ity of payment of copyright royal. ties on broadcast signals carried by cable systems, presented and read. Councilman Lundh moved that the communication be referred to the Cable Commission for investigation and report. Seconded by Mayor Justmann. Carried by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays-None. A RESOLUTION urging the U. S. Congress to remove from the Om- nibus copyright revision bill all language which would require a copyright payment for carriage of broadcast signals on Cable TV, presented and read. Councilman Lundh moved that the resolution be referred to the CableCommis- sion for investigation and report. Seconded by Mayor Justmann. Car- ried by the, following vote: Yeas~Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays-None. Communication of Roger A. and Joyce Ann Voss, 1020 Lincoln Ave., requesting deed be executed to them conveying any interest tbe City of Dl1buque may have in "Lot 1, except the southeasterly 48 ft. thereof, of the Subdivision of E. 7 ft. 10 in. of Lot 9, and of Lot 11 and of N. 46 ft. 9 in. of Lot 13, Wick's Addition io the City of Dubuque," according to the record- ed plat thereof, presented and read. Councilman Lundh moved that the communication be received and filed. Seconded by Mayor Just- mann. Carried by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lnndh, Stackis, Tully. Nays-None. RESOLUTION NO. 427-75 WHEREAS, it appears that the City of Dubuque, Iowa has a con- iingent interest in the following described real esta,te; 600 Special Session, November 24, 1975 Lot 1, except the southeasterly 48 feet thereof, of the Subdivision of "E. 7 ft. 10 in. of Lot 9 and of Lot 11 and of N. 46 ft. 9 in. O'f Lot 13, Wick's Addition to the City of Dubuque, Iowa," according to the recorded Plat thereof and; WHEREAS, a part of said real estate consisted of an alley which was vacated in 1882 in exchange for a conveyance to the City of Dubuque of certain portion to be used as public alley; and WHEREAS, it appears that the City of Dubuque has never deliv- ered a deed thereto; and WltEREAS, it appears that the City of Dubuque should convey whatever interest it has in said vacated alley to Roger A. Voss and Joyce Ann Voss in order to per- fect the cbain of title and that the disposal of said contingent interest to the same to the above named for the sum of $1.00 together with costs of publication should be ap- proved. NOW THEREFORE BE IT RE- SOLVED' by the City Council of the City of Dubuque, Iowa: Section I. That the conveyance of ihe contingent interest of the City of Dubuque into the herein- above described real estate to Roger A. Voss and Joyce Ann Voss be and the same is hereby ap- proved for the sum of $1.00 and costs of publication. Section 2. That the City Clerk be and he is herèby directed to publish notice of intent to dIspose of interest in real estate as pro- vided by law. Passed, appròved and adopted this 24th day of November, 1975. C. Robert Justmann Mayor Alvin E. Lundh Thomas A. Tuily, Jr. JamesE. B~ady Emil Stackis Councilmen ATTEST: Leo F. Frommelt CHy Clerk Councilman Lundh moved ,adop- tion of the resO'lution and that a public hearing be hèld on Decem- bèr 8, 1975, at 7:30 o'clock P.M. in the Council Chamber at the City Hall and the City Clerk be in- structed to' publish notice O'f the ATTEST: Leo F. Frommelt City Cle~k Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Luudh. Carried by the foilowing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays - None. At 9:45 P.M., Councilman Tully moved to go into Execwtive Session to cO'nsider appointments to' variO'us Boards and Commissions. MOTION DIED FOR A LACK OF A SEC- OND. There being no further 'business, Councilman Stackis moved to ad- journ. Seconded by Cbuncilman Lundh. Carried by ,the foilowing vote: Yeas - Mayor Justmann, Coun- cilmen B~ady, Lundh, Stackis, Tul- ly. Nays - hearing in the manner requIred by law. Seconded by Mayor Justmann. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen £rady, Lundh, Stackis, Tul- ly. Nay~None. RESOLUTION NO. 428-75 WHEREAS, applications for Beer Permits have been submibted to this Council for approval and the same have been examined; NOW THERæJFORE BE IT RE- SOLVED by ¡the City Council of the City of Dubuque, Iowa, that the following applic-ations ,be granted and permits issued upon tbe com- pliance with ,the terms of ¡the Ord- inances of the City. CLASS "C" BEER.PERMIT Thom¡pson's Food Markets, Inc., Oky Doky #6, 1256 Iowa Sir~et Passed, adopted and approved this 25th day of November 1975. C. Robert Justmann Mayor Alvin E. Lundh Thomas A. Tuily, Jr. J,ames E. Bvady Emil Stackis Councilmen Passed, this 24th ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved .adop- lion of ¡the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas - MayO'r Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays - None. RESOLUTION' NO. 429-75 WHEREAS, applications for Beer Permits were filed by the within named applic-ants and they have received the .approval òf this Coun- cil; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of this City and they have filed proper bonds; NOW THEREFom: BE IT RE- SOLVED by the City Council of the CHy of Dubuque, Iowa, thart the Manager be authorized to cause to be issued to the foliowing named àpplicants a Beer Permit. CLASS "C" BEER PERMIT Thompson's Food Markets, Inc., Oky Doky #6, 1256 Iowa Street Special Session, November 24, 1975 601 adopted and approved day of November 1975. C. Robert Justmann Mayor Alvin E. Lundh Thomas A. Tully, Jr. James E. Brady Emil Stackis Councilmen NO'ne. Leo F. Frommelt City Clerk Approved ..................1976 Adopted. . ............ ... ..1976 """""""""""""""""""""""""""""" ............................................................ """""""""""""""""""""""""""""" """""""""""""""""""""""""""""" """""""""""""""""""""""""""""" CO'uncllmen Attest: "'ciïÿ"ëï;~k""""""-""""""""""'"