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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 """ " " " " Councilmen Attest: ..... City Clerk