City Council Proceedings 06.24.1976_Declaring Intent for Special Election on 08.17.1976
312
Adjourned Special Session, June 24, 1976
CITY COUNCIL
OFFICIAL
Adiourned Special Session, June 24,
1976.
Council met at 4:00 P.M. (C.D.T.)
Present - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger. City Manager Gilbert D.
«havenene.
Mayor Lundh read the call and stated
that this is AN ADJOURNED MEETING
OF JUNE 21, 1976, and that service
thereof had been duly made and this
Meeting is called for the purpose of
CONSIDERING A PLAT ON ANNEX-
ATION and acting upon such other
business as may be properly brought
before a Regular Meeting of the
Council.
Communication of Victor Sprengel-
meyer, Attorney for Iowa Northwestern
Development Co., showing dissatisfac-
tion at the handling ofthe plat of Block 6
of Arbor Oaks Subd., and feels that an
explanation is due for the benefit of the
public, presented and read. Councilman
Tully moved that the communication be
received and filed. Seconded by Coun-
cilman Wertzberger. Carried by the fol-
lowing vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays - None.
June 18, 1976
Honorable Mayor
and Councilmen
The City of Dubuque Planning and
Zoning Commission has reviewed the
final plat of Block 6 of "Arbor Oaks"
Subdivision in the City of Dubuque,
Iowa. The subject property lies north of
Spring Valley Road on extensions of
Fox Hollow Drive and Olde Country
Lane.
The Commission has determined that
the plat is in conformance with the
Subdivision Regulations of the City of
Dubuque, Iowa, and recommends your
favorable consideration of the final plat
of Block 6 of "Arbor Oaks" Subdivision.
CITY PLANNING AND
ZONING COMMISSION
Daniel Dittemore
Development Planner
Councilman Wertzberger moved that
the communication be received and
filed. Seconded by Councilman Tully.
Carried by the following vote:
Yeas - Mayor Lundh, Councilmen
Tully, Wertzberger.
Nays - Councilmen Brady, Stackis.
RESOLUTION NO. 236-76
Resolution approving the Plat 01
Block 6 in "Arbor Oaks" In the City
of Dubuque, Iowa
WHEREAS, there has been filed with
the City Clerk a plat of the Subdivision
to be known as Block 6 in ,"Arbor Oaks"
in the City of Dubuque, Iowa, by lowa-
Northwestern Development Company;
and
WHEREAS, upon said plat appear
streets to be known as Fox Hollow
Drive and Olde Country Lane, together
with certain public utility easements
which the Owners by said plat have
dedicated to the public forever;'and
WHEREAS, said plat has been ex-
amined by the City Planning and Zon-
ing Commission and had its approval
endorsed thereon; and
WHEREAS, said plat has been ex-
amined by the City Council and they
find that the same conforms to statutes
and ordi~ances relating the~eto, except
that street grades have not been estab-
lished, the streets brought to grade, or
paving, sewer or water installed;
NOW THEREFORE, BE IT RE-
SOLVED by the City Council of the
City of Dubuque, Iowa:
Section 1. That the dedications of Fox
Hollow Drive and Olde Country Lane
together with the easements for public
utilities as the same appeaT upon said
plat, be and the same are hereby
accepted;
Section 2. That the plat of Block 6 in
"Arbor Oaks" in the City of Dubuque,
Iowa, be and the same is hereby ap-
proved and the Mayor and City Clerk
are hereby authorized and directed to
endorse the approval of the City of
Dubuque, Iowa, upon said piat, provid-
ed the owners of said property herein
named, execute their written accep-
tance hereto attached agreeing:
a. To reduce ail streets to grade and to
construct concrete curb and gutter and
to hard surface Fox Hollow Drive and
Olde Country Lane with bituminous
concrete, or with concrete paving with
integral curb, all in accordance with
City of Dubuque standard
specifications;
b. To install sanitary sewer mains and
sewer service laterals in accordance
with plans submitted with the plat;
c. To install water mains and water
service laterals in accordance with plans
submitted with the plat;
d. To install storm sewers and catch-
basins in accordance with plans sub-
mitted with the plat;
e. To install concrete sidewalks as
Adjourned Special Session, June 24, 1976
313
required by Ordinances. and where di-
rected by the City Engineer and the City
Manager;
f. To install boulevard street lighting
in accordance with plans submitted
with the plat:
g. To construct the foregoing im-
provements in accordance with plans
and specifications approved by the City
Manager, under the inspection of the
City Engineer, and in a manner ap-
proved by the City Manager;
h. To maintain the foregoing im-
provements for a period of four (4) years
from the date of their acceptance by the
City of Dubuque, Iowa;
i. To provide the foregoing construc-
tion and maintenance át the sole ex-
pense of the Subdivider, Iowa-North-
western Development Company, as
owner;
j. To construct said improvements,
except sidewalks and street lighting
prior to June I, 1978, and to construct
the sidewalks and street lighting prior to
June I, 1980; and further provided that
said Iowa-Northwestern Deveiopment
Company, as owner of said Subdivision,
secure the performance of the foregoing
conditions by providing security in such
form and with such sureties as may be
acceptable to the City Manager.
Section 3. That in the event Iowa-
Northwestern Development Company,
shall fail to execute the acceptance and
furnish the security provided for in Sec-
tion 2 hereof within 45 days after the
date of this Resolution, the provisions
hereof shall be null and void and the
acceptance of the dedication and ap-
proval of the plat shall not be effective.
Passed, adopted and approved by
recorded roll call this 24th day of June,
A.D., 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
Councilmen
ATTEST:
Leo F. Frommeit
City Clerk
ACCEPTANCE OF RESOLUTION NO.
236-76
We, the undersigned James A.
Schwers and Carolyn E. Thompson
having read the terms and conditions of
the foregoing Resolution No. 236-76 and
being familiar with the conditions ther-
eof, hereby accept the same and agree to
perform the conditions required therein.
Dated at Dubuque, Iowa, this 29th
day of July, 1976.
James A. Schwers
President
Carolyn E. Thompson
Secretary-Treasurer
TO:
Leo F. Frommelt
City Clerk
This to certify that the security
provided by the foregoing RESOLU-
TION NO. 236-76 has been furnished by
the owners.
Dated at Dubuque, Iowa, this 29th
day of July, 1976.
Gilbert D. Chavenelle
City Manager
City Manager
Councilman Brady moved that the
resolution be tabled. Seconded by
Councilman Stackis. VOTE ON THE
MOTION WAS AS FOLLOWS:
Yeas - Councilmen Brady, Stackis.
Nays - Mayor Lundh. Councilmen
Tully, Wertzberger. MOTION FAILED.
Councilman Wertzberger moved
adoption of the resolution. Seconded by
Councilman Tully. Carried by the fol-
lowing vote:
Yeas - Mayor Lundh, Councilmen
Tuily, Wertzberger.
Nays - Councilmen Brady, Stackis.
Councilman Stackis moved that An
Ordinance be prepared covering Surface
Drainage in Subdivisions of the future.
Seconded by Councilman Brady. Car-
ried by the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
RESOLUTION NO. 237-76
WHEREAS, Five Flags Civic Center
has reached a point of development
whereby it is indicated that the approval
of the electorate is now necessary, and
WHEREAS, the City Council of the
City of Dubuque, Iowa declares its in-
tent to hoid a special election on August
17, 1976 for the purpose of permitting
the electorate to pass upon the proposi.
tion of issuing general obligation bonds
for the purpose of defraying the expense
of said Five Flags Civic Center.
NOW THEREFORE BE IT RE-
SOLVED by the City Council of the City
of Dubuque, Iowa:
Section 1. That August 17, i976 be
and the same is hereby fixed as the date
for a special election to be held upon the
proposal to issue general obligation
bonds to pay for the costs of the expense
in connection with the construction and
314
Adjourned Special Session, June 24, 1976
improvement of Five Flags Civic
Center, City of Dubuque, Iowa.
Section 2. That the City Clerk be and
he is herewith directed to file a certified
copy forthwith with the Commissioner
of Elections of Dubuque County, Iowa.
Passed, approved and adopted this
24th day of June, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Tully moved adoption of
the resolution. Seconded by Council-
man Stackis. Carried by the following
vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays - None.
City Planner, Dan Dittemore, pre-
sented Urban Growth Forecast - An-
nexation Feasibility Analysis - Action
Plan.
June 23, 1976
Honorable Mayor
and Councilmen
You may recall that the City of
Dubuque Planning and Zoning Com-
mission had made a recommendation to
you in March, 1976, urging your favor-
able consideration of an annexation
plan embracing a 12-year growth
perimeter.
The Commission has also been aware
of the evolving concept of a segmented
annexation plan. A majority of Com-
mission members have been briefed on
this concept, to include a 5"year growth
perimeter for immediate action, fol-
lowed by a second phase in 1980 to
complete annexation of the area origi-
nally recommended by us.
It is the view of the Planning and
Zoning Commission that the phased
annexation plan is consistent with its
original recommendation. We have no
objection to your favorable considera-
tion of this alternative.
Richard P. Friedman
Chairman
City ofDubuque Planning and Zoning
Commission
Councilman Brady moved that the
communication and Action Plan be
received and filed and be made a Matter
of Record. Seconded by Councilman
Tully. Carried by the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
RESOLUTION NO. 238-76
A Resqlutiqn aulMrlzlng and ap-
proving a petition to the City
Davelopment Board 01 Iowa lor
annexation 01 certain hereinafter
described Territory to the Incor-
porated City 01 Dubuque, Iowa
WHEREAS, the City Council has
caused a study to be made of the con-
tinuing development of the Dubuque
urban area, and of the needs for the
provision of municipal services to
developing areas; and
WHEREAS, such study has con-
firmed that an annexation of territory to
the City of Dubuque is appropriate and
desirable; and
WHEREAS, Chapter 1088, Acts of the
64th General Assembly of the State of
Iowa, Sections 33 through 46 provide for
the submission of a petition to the City
Development Board of the State of Iowa
for consideration of such annexation
request;
NOW, THEREFORE BE IT RE-
SOLVED by the City Council of the
City of Dubuque, Iowa:
Section 1. That we, the City Council
of the City of Dubuque, Iowa, do peti-
tion the City Development Board of the
State of Iowa for an annexation of ter-
ritory in Peru, Dubuque, Table Mound,
and Mosalem Townships in Dubuque
County, Iowa, more specifically delin-
eated upon Exhibit A, parts I through 4,
hereto attached and made a part of this
petition.
Section 2. That the City Manager
shall cause notice of this petition to be
made to the City Development Board of
the State of Iowa, together with such
additional evidence and documentation
as the Board may require; and to the
Board of Supervisors of Dubuque
County, Iowa; and to the East Central
Intergovernmentai Association.
Passed, approved and adopted this
24th day of June, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Brady moved adoption of
the resolution and City Clerk be direct-
ed to submit Copy of Resolution to all
Adjourned Special Session, June 24, 1976
315
governmental bodies concerned.
Seconded by Councilman Tully. Carried
by the following vote:
Yeas - Mayor Lundh. Councilmen
Brady. Stackis, Tully, Wertzberger.
Nays - None.
Councilman Wertzberger moved to
suspend the rules to let anyone present
address the Council if they so desire.
Seconded by Councilman Tully. Carried
by the following vote:
Yeas - Mayor Lundh, Councilmen
Stackis, Tully, Wertzberger.
Nays - Councilman Brady.
Attorney Joe Zwack, spoke to the
Council stating people should have
some opportunity to talk to the Council,
Expressing dissatisfaction, relative to
adoption of proposed annexation plan.
There being no further business,
Councilman Tully moved to adjourn.
Seconded by Councilman Wertzberger.
Carried by the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stac~is, Tully, Wertzberger.
Nays-None.
Leo F. Frommelt
City Clerk
Approved.
1976
Adopted". "
1976
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Councilmen
Attest: .....
City Clerk