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West Side Annexation: Joint MotionTHE CITY OF Dubuque ~ ~~ DLJB E "~'"~' _ ~ Masterpiece on the Mississippi 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: West Side Annexation: Joint Motion with Asbury re: Sandwedge Subdivision DATE: December 6, 2008 Planning Services Manager Laura Carstens is transmitting a letter from Asbury City Administrator Beth Bonz and the joint motion by Dubuque and Asbury supporting voluntary annexation of Sandwedge Subdivision to the City of Asbury. Mic ael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Laura Carstens, Planning Services Manager THE CITY OF DUB E IVlasterpiece an the Mississippi TO: Michael Van Milligen, City Manager ~(~/ FROM: Laura Carstens, Planning Services Manager '~'S`' Dubuque AI~Ame~CaCAY 2007 SUBJECT: West Side Annexation: Joint Motion with Asbury re: Sandwedge Subdivision DATE: December 5, 2008 INTRODUCTION The purpose of this memorandum is to transmit a letter from Asbury City Administrator Beth Bonz and the joint motion by Dubuque and Asbury supporting voluntary annexation of Sandwedge Subdivision to the City of Asbury, for the City Council to receive and file. DISCUSSION The City of Dubuque's west side annexation application includes the Sandwedge Subdivision property owners as non-consenting parties. The joint motion allows the City of Dubuque to delete the Sandwedge Subdivision property owners from the west side annexation proposal and allow those property owners to be annexed to Asbury. The Dubuque City Council approved the joint motion at their November 17, 2008 meeting. The Asbury City Council approved the joint motion at their November 25, 2008 meeting. The joint motion was filed with the CDB on November 26, 2008. The joint motion allows the CDB staff to amend Dubuque's annexation request to exclude the Sandwedge Subdivision. Asbury's annexation request and Dubuque's annexation request will be considered by the CDB on December 18, 2008 as shown on the enclosed agenda. RECOMMENDATION I recommend that the City Council receive and file the enclosed information. Enclosures cc: Gus Psihoyos, City Engineer Bob Green, Water Department Manager Dan Brown, Fire Chief Kim Wadding, Police Chief Don Vogt, Public Works Director State of Iowa City Development Board 1:00 p.m. -December 18, 2008 Meeting Agenda Location Iowa Department of Economic Development 200 E. Grand Avenue,, NW 1St Floor Conf. Room Des Moines, Iowa Board Members Jim Halverson, Cedar Rapids; Jay Howe, Greenfield; C.J. Niles, Carroll Board Chair Dennis Plautz, Fort Dodge Board Vice Chair Barbara Brown, Cedar Falls Staff Steve McCann, Board Administrator Betty Hessing, Administrative Assistant Marie Steenlage, Neighborhood Dev. Specialist Matthew Oetker, Department of Justice Call to Order 1:00 p.m. 1. Roll Call 2. Approve Agenda 3. Consideration of November 12, 2008, Business Meeting Minutes 4. Old Business A08-03 Fredonia 5. New Business UA08-23 Orange City UA08-24 Asbury SR23-0108 Clinton County Secondary Road (Welton -Right of Way of Old Hwy. 61) 6. Staff Reports Steve McCann Matthew Oetker 7. Future Meeting/Public Hearing Dates 1-14-2009 1:00 p.m. City Development Board Business Meeting at IDED, 200 East Grand Avenue, 2"d Floor ICN/Main Conf. Room, Des Moines 12-18-2008 3:00 p.m. NC08-21/Dubuque Public Hearing @IDED, 200 East Grand Avenue, NW 1St Floor Conf. Room, Des Moines 12-18-2008 6:30 p.m. NC08-19/West Des Moines Public Hearing @ West Des Moines City Hall, 4200 Mills Civic Pkwy., West Des Moines 8. Adjourn NOTE: Board agendas may be amended any time up to 24 hours before the meetings. Agenda items may be considered out of order at the discretion of the Chair for each meeting. Meetings will not convene earlier than stated above, but may begin later. -If you require accommodations to participate in this public meeting, call 515-242-4815 or TTY at (toll free) 800-735-2942 to make your request. Please notify us at least 48 hours in advance. 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 ANNEXATION OF THE CITY OF ASBURY City Development Board Case File UA08-_ 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, M or City of Dubuqu ,Iowa CITY OF ASBURY, I By: ~ James s, M City of As ury, 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-Way 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.