Joint Annexation Motion_Dubuque/Asbury Sandwedge SubdivisionTHE CITY OF DUBUQUE
Masterpiece on the Mississippi
Dubuque
All-American City
2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Joint Motion for Dubuque and Asbury Annexations of Sandwedge
Subdivision
DATE: November 10, 2008
Planning Services Manager Laura Carstens recommends City Council approval to file a
joint motion with the City of Asbury before the City Development Board to allow the City
of Dubuque to delete the Sandwedge Subdivision property owners from Dubuque's
annexation proposal, and allow those property owners to be annexed to Asbury as a
part of Asbury's 100% voluntary annexation.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Laura Carstens, Planning Services Manager
THE CITY OF DUBUQUE
Masterpiece on the Mississippi
Dubuque
All-American City
2007
TO: Michael Van Milligen, City Manager
FROM: Laura Carstens, Planning Services Manager
SUBJECT: Joint Motion for Dubuque and Asbury Annexations of Sandwedge Subdivision
DATE: November 7, 2008
INTRODUCTION
This memorandum transmits for City Council
City of Asbury for the proposed Dubuque
Subdivision. This motion is in response to the
James Adams to Dubuque Mayor Roy Buol
Sandwedge Subdivision to the City of Asbury.
review and approval, a joint motion with the
and Asbury annexations of Sandwedge
October 28, 2008 letter from Asbury Mayor
regarding a 100% voluntary annexation of
DISCUSSION
The City of Dubuque's 80/20 annexation application, which includes the Sandwedge
Subdivision property owners as non-consenting parties, was filed with the City Development
Board (CDB) on October 31, 2008. On November 12, 2008, the CDB will review Dubuque's
proposal for compliance with filing requirements and set a date for a public hearing or deny
the request. We anticipate that the CBD will find Dubuque's proposal to be in order and to
set a public hearing date in December, 2008 or more likely January 2009.
If Asbury and Dubuque agree: [a] in advance of the public hearing on Dubuque's 80/20
voluntary annexation, and [b] in advance of the CDB's consideration of Asbury's 100%
voluntary annexation, that the non-consenting property owners in Sandwedge Subdivision
can be deleted from Dubuque's annexation and annexed to Asbury, this will save time for
both cities in finalizing both annexations.
The City of Dubuque's annexation attorney has suggested that Dubuque and Asbury agree
to join in a joint motion to the CDB to allow Dubuque to delete the Sandwedge Subdivision
property owners from Dubuque's proposal and allow those property owners to be annexed
to Asbury as a part of Asbury's 100% voluntary annexation.
RECOMMENDATION
I recommend that the City Council approve the enclosed joint motion with the City of Asbury
regarding annexation of Sandwedge Subdivision.
Enclosures
cc: Gus Psihoyos, City Engineer
Bob Green, Water Department Manager
BEFORE THE CITY DEVELOPMENT BOARD
STATE OF IOWA
IN THE MATTER OF THE VOLUNTARY ) City Development Board Case File NC08-21
ANNEXATION OF THE CITY OF DUBUQUE )
INCLUDING LAND WITHOUT THE )
CONSENT OF THE OWNER )
IN THE MATTER OF THE VOLUNTARY ) City Development Board Case File UA08-_
ANNEXATION OF THE CITY OF ASBURY )
JOINT MOTION TO AMEND DUBUQUE ANNEXATION APPLICATION TO REMOVE
CERTAIN NON-CONSENTING PROPERTY OWNERS THEREFROM AND TO ALLOW SAID
NON-CONSENTING PROPERTY OWNERS TO ANNEX TO ASBURY
Come now the City of Dubuque and the City of Asbury and jointly STATE:
1. The City of Dubuque has received requests from several property owners to voluntarily
annex over 600 acres of land along Middle Road. To accomplish this annexation, the City of
Dubuque proposes to annex other properties without the owners' consent to avoid creating
"islands" of land in the County and to create more uniform boundaries, in accordance with state
law.
2. A portion of the City of Dubuque's 80/20 voluntary annexation application includes non-
consenting property owners in the Sandwedge Subdivision, including the private rights-of-way of
Sandwedge Drive and Sandwedge Court. Attached as Exhibit 1 is a list identifying the said non-
consenting property owners and the properties they own, including the private rights-of-way of
Sandwedge Drive and Sandwedge Court. These property owners and private rights-of-way are
hereinafter collectively referred to as "Sandwedge Non-Consentings".
3. The City of Asbury has received requests from the Sandwedge Non-Consentings to
voluntarily annex to the City of Asbury, including the private rights-of-way of Sandwedge Drive
and Sandwedge Court.
4. The City of Dubuque has no objection to the requests of the Sandwedge Non-
Consentings to voluntarily annex to the City of Asbury, including the private rights-of-way of
Sandwedge Drive and Sandwedge Court.
5. The City of Dubuque hereby requests permission to amend its 80/20 voluntary
annexation by deleting the Sandwedge Non-Consentings therefrom, in order to allow the
Sandwedge Non-Consentings to voluntarily annex to the City of Asbury as part of Asbury's
100% voluntary annexation.
6. The City of Asbury consents to the City of Dubuque's request to amend its 80/20
voluntary annexation by deleting the Sandwedge Non-Consentings therefrom, including the
private rights-of-way of Sandwedge Drive and Sandwedge Court.
Wherefore Dubuque and Asbury jointly request that the City Development Board permit
Dubuque to amend its above referenced annexation application by deleting therefrom the
Sandwedge Non-Consentings and Dubuque and Asbury also jointly request that the
Sandwedge Non-Consentings be allowed to voluntarily to annex to Asbury.
CITY OF DUBUQUE, IOWA
By:
Roy D. Buol, Mayor
City of Dubuque, Iowa
CITY OF ASBURY, IOWA
By:
James Adams, Mayor
City of Asbury, Iowa
EXHIBIT 1
SANDWEDGE NON-CONSENTINGS
Sandwedge Subdivision
David M. & Linda K. Munn
Legal Description: Dan Adams Sub -Lot 10 in Section 24 T89N R1 E, 5th P.M.; all in Dubuque
County, Iowa (Parcel ID: 09.24.354.001)
Gary P. & Beth E. Brown
Legal Description: Dan Adams Sub -Lot 1 in Section 24 T89N R1 E, 5th P.M.; all in Dubuque
County, Iowa (Parcel ID: 09.24.352.004)
Christian R. and Kris A. Strohmeyer
Legal Description: Dan Adams Sub -Lot 2 in Section 24 T89N R1 E, 5th P.M.; all in Dubuque
County, Iowa (Parcel ID: 09.24.353.002)
Gerald G. & Deborah L. Adams
Legal Description: Dan Adams Sub -Lot 6 in Section 24 T89N R1 E, 5th P.M.; all in Dubuque
County, Iowa (Parcel ID: 09.24.376.008)
Paul M. & Martha R. Schmidt
Legal Description: Dan Adams Sub -Lot 7 in Section 24 T89N R1 E, 5th P.M.; all in Dubuque
County, Iowa (Parcel ID: 09.24.376.011)
Thomas J. & Jacqueline L. Thiltgen
Legal Description: Dan Adams Sub -Lot 8 in Section 24 T89N R1 E, 5th P.M.; all in Dubuque
County, Iowa (Parcel ID: 09.24.376.010)
Gregory J. & Nancy T. Adams
Legal Description: Dan Adams Sub -Lot 5 in Section 24 T89N R1 E, 5th P.M.; all in Dubuque
County, Iowa (Parcel ID: 09.24.376.007)
John E. & Kristine A. Richey
Legal Description: Dan Adams Sub -Lot 9 in Section 24 T89N R1 E, 5th P.M.; all in Dubuque
County, Iowa (Parcel ID: 09.24.376.009)
Trevor C. & Heather A. Pool
Legal Description: Dan Adams Sub -Lot 4 in Section 24 T89N R1 E, 5th P.M, all in Dubuque
County, Iowa (Parcel ID: 09.24.376.006)
Gary L. & Barbara J. Weber
Legal Description: Dan Adams Sub -Lot 3 in Section 24 T89N R1 E, 5th P.M.; all in Dubuque
County, Iowa (Parcel ID: 09.24.353.003)
Rights-of-Wav
Right-of-way of Sandwedge Drive adjoining the annexation territory and lying outside a city in
T89N R1 E, 5th P.M, all in Dubuque County, Iowa.
Right-of-way of Sandwedge Court adjoining the annexation territory and lying outside a city in
T89N R1 E, 5th P.M, all in Dubuque County, Iowa.