Set for Public Hearing - Brehm Acres Voluntary Annexation Request_InitiateCity of Dubuque
City Council Meeting
Copyrighted
March 20, 2023
Items to be set for Public Hearing #
02.
ITEM TITLE: Set for Public Hearing - Brehm Acres Voluntary Annexation Request
SUMMARY: City Manager recommending City Council adopt a resolution to set a
public hearing forApril 17, 2023, on the voluntary annexation request filed
by John and Diane Brehm (property owners) and Seippel Warehouse
LLC (applicant and future owner) for approximately 2.804 acres of
property.
RESOLUTION Setting a Public Hearing on an Application for Voluntary
Annexation of Territory to the City of Dubuque, Iowa
SUGGESTED Receive and File; Adopt Resolution(s), Set Public Hearing forApril 17,
DISPOSITION: 2023Suggested Disposition:
ATTACHMENTS:
Description Type
MVM Memo City Manager Memo
Staff Memo Staff Memo
Resolution Resolutions
Annexation Application
Exhibit A Annexation Map
Exhibit B Vicinity Map
Exhibit C Annexation Legal
Notice of Hearing April 17
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
THE CITY OF
Dubuque
DUjIBQTE
WAWca 914
Masterpiece on the Mississippi
2007-2012-2013
2017*2019
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Set for Public Hearing - Brehm Acres Voluntary Annexation Request
DATE: March 8, 2023
Planning Services Manager Wally Wernimont is recommending City Council adopt a
resolution to set a public hearing for April 17, 2023, on the voluntary annexation request
filed by John and Diane Brehm (property owners) and Seippel Warehouse LLC
(applicant and future owner) for approximately 2.804 acres of property.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Micl�ael C. Van Milligen
MCVM-sv
Attachment
CC' Crenna Brurnwell, City Attorney
Cori Burbach, Assistant City Manager
Wally Wernimont, Planning Services Manager
THE CITY OF
DtUB E
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Wally Wernimont, Planning Services Managero
Dubuque
2007-2012,2013
2017*2019
SUBJECT: Set for Public Hearing - Brehm Acres Voluntary Annexation Request
DATE: March 8, 2023
INTRODUCTION
This memorandum transmits a 100% voluntary annexation request for City Council
approval after a public hearing. The request is being filed by John and Diane Brehm
(property owners) and Seippel Warehouse LLC (applicant and future owner) for
approximately 2.804 acres of property. The resolution, maps, and other supporting
documentation are enclosed.
DISCUSSION
The City received a written application from John and Diane Brehm (property owners)
and Seippel Warehouse LLC (applicant and future owner) for voluntary annexation of
approximately 2.804 acres of property. The annexation territory is comprised of
agricultural land east of Cottingharn Road and west of Dubuque Industrial Center South.
The 2.804-acre annexation territory provides a portion of the area for the construction of
an industrial warehouse by Seippel Warehouse LLC to be leased to Simmons Pet Food.
This annexation is:
1 ) Consistent with the City's Comprehensive Plan; and
2) the future growth and development of the City of Dubuque, Iowa makes it
desirable that the annexation territory be made part of the City of Dubuque,
Iowa; and
3) the City of Dubuque has the capacity to provide substantial municipal
services to the annexation territory; and
4) the annexation is in the public interest.
RECOMMENDATION
Staff recommends the City Council approve the resolution to set the public hearing on
the voluntary annexation request for April 17, 2023. This date will provide adequate time
to complete the notifications, certified mailings, and newspaper publication required by
Iowa Code.
Enclosures
F:\Users\Planning Sec\City Council\00 Voluntary Annexation\Voluntary Annexation - Brehm Acres\01 Staff memo to MVM - City of
Dubuque - Request Annex Approval.doc
Prepared by: Wally Wernimont, City Planner Address: City Hall, 50 W. 13th St Telephone: 589-4210
Return to: Adrienne Breitfelder, City Clerk Address: City Hall, 50 W. 13th St. Telephone: 589-4121
RESOLUTION NO. 72-23
RESOLUTION SETTING A PUBLIC HEARING ON AN APPLICATION FOR
VOLUNTARY ANNEXATION OF TERRITORY TO THE CITY OF DUBUQUE, IOWA
Whereas, the City Council of Dubuque has received a written application from John
and Diane Brehm (property owners) and Seippel Warehouse LLC (applicant and future
property owner) for the voluntary annexation of 2.804 acres of property. The property is
comprised of agricultural land east of Cottingham Road and west of Dubuque Industrial
Center South as shown on Exhibit A and legally described as:
PART OF LOT 1 IN BREHM ACRES PLAT 2. DUBUQUE COUNTY, IOWA,
MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE
EAST QUARTER CORNER OF SECTION 36, TOWNSHIP 89 NORTH, RANGE
1 EAST OF THE 5th P.M., DUBUQUE COUNTY, IOWA; THENCE SOO'05'05"E,
394.29 FEET TO ALONG THE EAST LINE OF THE SOUTHEAST QUARTER
OF SAID SECTION 36 TO THE CENTERLINE OF COTTINGHAM ROAD AND
THE POINT OF BEGINNING; THENCE CONTINUING S00005'05"E, 794.63
FEET ALONG SAID EAST LINE; THENCE N66016'22"W, 100.00 FEET;
THENCE N46030'28"W, 193.69 FEET; THENCE N20*1 3'45"W, 170.84 FEET TO
THE CENTERLINE OF COTTINGHAM ROAD; THENCE N400116'31 "E, 176.53
FEET ALONG SAID CENTERLINE TO THE BEGINNING OF A CENTERLINE
CURVE TANGENT TO SAID LINE; THENCE NORTHEASTERLY AND
NORTHERLY, 255.77 FEET ALONG THE CURVE CONCAVE TO THE
NORTHWEST, HAVING A RADIUS OF 740.82 FEET AND A CENTRAL ANGLE
OF 19'46'53"; THENCE N20'30'25"E, 33.09 FEET ALONG SAID CENTERLINE
TO THE BEGINNING OF A CENTERLINE CURVE; THENCE NORTHERLY
AND NORTHEASTERLY, 83.73 FEET ALONG SAID CURVE HAVING A
RADIUS OF 325.00 FEET, CONCAVE TO THE SOUTHEAST, A CENTRAL
ANGLE OF 14045'38" AND A CHORD WHICH BEARS N2501 0'38"E, 83.50
FEET TO THE POINT OF BEGINNING, CONTAINING 2.804 ACRES, WHICH
INCLUDES 0.402 ACRES OF EXISTING PUBLIC ROAD RIGHT OF WAY.
Whereas, the annexation territory is not subject to an existing annexation
moratorium agreement and does not include any railroad property; and
Whereas, the annexation territory does not include State owned property; and
Whereas, Chapter 368 of the Code of Iowa authorizes this annexation by adoption
of a resolution and required notification; and
Whereas, the annexation territory is consistent with the City's Comprehensive
Plan; and
Whereas, the future growth and development of the City of Dubuque, Iowa makes
it desirable that the annexation territory be made part of the City of Dubuque, Iowa; and
Whereas, the City of Dubuque has the capacity to provide substantial municipal
services to the annexation territory; and
Whereas, the annexation is in the public interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
A public hearing will be held on the 17th day of April 2023, at 6:30 p.m. in the
Historic Federal Building Council Chambers (second floor), 350 West 6th Street,
Dubuque, Iowa, at which time interested persons may appear and be heard for or against
the proposed annexation, and the City Clerk be and is hereby directed to cause the
attached notice of the time and place of such hearing to be published in a newspaper
having general circulation in the City of Dubuque, Iowa, which notice shall be published
not less than fourteen days prior to the date of such hearing.
Passed, approved and adopted this 20th day of March 2023.
BEg�M. Cavanagh, Mayor
Attest:
Adrienne Breitfelder, City Clerk
dotloop signature verification:
T1 1E CITY OF
City of Dubuque
DUB
E
Planning Services Department
Dubuque, IA 52001-4845
Phone: 563-589-4210
Fax: 563-589-4221
Masterpiece on the Mississippi
planning (acitvofdu bugue.orci
APPLICATION
FORM
Zoning Advisory
Zoning Board
Devellovirnent Services
Historic Preservation Commission
Commission
Adiustmen
N Annexation
El Demolition Review
Ll Amended PUD
El Conditional Use Permit
Ej Limited Setback Waiver
El Historic Revolving Loan
LJ Rezoning/PUD/ID
El Special Exception
Ej Site Plan Simple
El Certificate of Economic Non -Viability
LJ Text Amendment
El variance
LJ Site Plan Minor
Design Review Certificate of
LJ Simple Subdivision
El Appeal
LJ Site Plan Major
Appropriateness
El Preliminary Plat
LJ Simple Subdivision
Ej Advisory Design Review (Public
ED Major Final Plat
El Temporary Use Permit
Projects)
LJ Minor Final Plat
LJ Port of Dubuque/
Historic Designation
Waiver from Site
Chaplain Schmitt Island
Design Standards
Design Review
Please
complete the applicable
sections below. Please type
or print legibly.
A. Property Information
site
12458 Coffingham Road
Legal Description/Parcel ID#/Subdivision: (See Annexation Exhibit) Portion of Parcel #0936426002
Existing Zoning: County R-1 Proposed Zoning: DICS PUD Site Area (square feet/acres): 2.804 acres
Historic District: -andmark: El Yes R No
B. Describe proposal and reason for application (attach a letter of explanation, if necessary):
To annex property into the City of Dubuque to acconnoclate an industrial site located in the Dubuque Industrial
Center Soutin Planned Unit Development
C. Applicant/Aclient Information
Name: Seippel Warehouse LLC
Address: 900 Jackson Street - Suite 1-1-2
State: IA
Zip: 52001
Phone:
City: Dubuque
Email: randys@gronen.com
D. Property Owner(s) Information
Name(s): John & Dianne Brehm
Address: 12458 Coftingham Road
State: A zip:
52068
Email:
E. Certification: I/we, the undersigned, do hereby certify/acknowledge that:
Phone:
City:
Peosta
1. Payment does not guarantee approval and fees are nonrefundable;
2. All additional required written and graphic materials are attached;
3. It is the property owner's responsibility to locate property lines and to review the abstract for easements and restrictive
covenants; and
4. The information submitted herein is true and correct to the best 7f ur knowledge and upon submittal becomes
public record.
Applicant/Agent- Pv Date:
dti..p verified
03/06/23 415 PM CST
Property Owner(s)] WUW'r-SEUQ-P30T-AXZL I Date:
I FOR OFFICE USE ONLY
Fee $0 Ck# EICC E]Cash Received by
Date
RECORDER'S INDEX
LOCATION: PART OF LOT 1 IN BREHM ACRES
PLAT 2. OUBUGUE COUNTY, IOWA
REQUESTOR: JOHN BREHM
PROPRIETOR: JOHN A. BREHM AND
DIANNE M. BREHM
SURVEYOR: DAVID P. SCHNEIDER
SURVEYOR SCHNEIDER LAND SURVEYING
COMPANY: AND PLANNING.INC.
RETURN TO: DAVID P. SCHNEIDER
P.O.BOX 128 FARLEY,IOWA
Ph#563-744-363i daves@yousq.net
ANNEXATION PLAT
PART
OF
LOT I IN
BREHM
ACRES
PLAT
2,
DUBUQUE
COUNTY,
IOWA
MAG NAI
SET (TYP.)
Description —Annexation Area:
PART OF LOT I IN BREHM ACRES PLAT 2. DUBUQUE COUNTY,
IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: 40
COMMENCING AT THE EAST QUARTER CORNER OF SECTION 36,
TOWNSHIP 89 NORTH. RANGE I EAST OF THE 5th P.M.,
DUBUQUE COUNTY. IOWA; THENCE SOO*05'05"E, 394.29 FEET
TO ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID
SECTION 36 TO THE CENTERLINE OF COTTINGHAM ROAD AND THE
POINT OF BEGINNING; THENCE CONTINUING SOO*05'05"E. 794.63
FEET ALONG SAID EAST LINE; THENCE N66*16'22"W. 100.00 FEET: 4W191
THENCE N46*30'2B"W, 193.69 FEET: THENCE N20*i3'45"W,
170.84 FEET TO THE CENTERLINE OF COTTINGHAM ROAD; THENCE
N40*16'31"E. 176.53 FEET ALONG SAID CENTERLINE TO THE
BEGINNING OF A CENTERLINE CURVE TANGENT TO SAID LINE; THENCE
NORTHEASTERLY AND NORTHERLY, 255.77 FEET ALONG THE CURVE
CONCAVE TO THE NORTHWEST. HAVING A RADIUS OF 740.82 FEET
AND A CENTRAL ANGLE OF 19*46'53": THENCE N20*30'25"E,
33.09 FEET ALONG SAID CENTERLINE TO THE BEGINNING OF A
CENTERLINE CURVE; THENCE NORTHERLY AND NORTHEASTERLY,
83.73 FEET ALONG SAID CURVE HAVING A RADIUS OF 325.00 FEET.
CONCAVE TO THE SOUTHEAST, A CENTRAL ANGLE OF 14*45'38" AOL
AND A CHORD WHICH BEARS N25*10'38"E. 83.50 FEET TO
THE POINT OF BEGINNING, CONTAINING 2.804 ACRES, WHICH
INCLUDES 0.402 ACRES OF EXISTING PUBLIC ROAD RIGHT OF WAY.
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PLAT OF SURVEY:
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ANNEXATION AREA
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2.402 ACRES NET
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DAVID P.
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I hereby certify that this land surveying document was
prepared and the related survey work was performed
by me-Gpunder my I ec - er.ponal supervision and that
;--ffM a y Ic n ad nd veyor under the laws of
State of o
David P. Schneider P.L.S. P14417
My license renewal date is December 31, 2023.
Pages or sheets covered by this seal: SHEETS I AND 2
AW-M
Land Surveying
Planning.Inc.
P. 0. Box 128
Farley. Iowa 52046
Ph# 563-744-3631
Pro
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SURVEY DESCRIPTION: SEE SHEET I
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2007-2012-2013
2017*2019
.
Masterpiece on the MiSSiSSipp1
Annexation Map
J--
IV
City of Dubuque
Brehm Acres Annexation
Owner: John and Diane Brehm
Applicant (future owner):
Seippel Warehouse LLC
Acreage: 2.804
City of Dubuque limits
N
A
250 500
Feet
Exhibit B
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THE CITY OF Dubuque
DU-B"`�-E
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Masterpiece on the Mississippi 2017*2019
Vicinity Map
S\AI
City of Dubuque
Brehm Acres Annexation
Owner: John and Diane Brehm
Applicant (future owner):
Seippel Warehouse LLC
Acreage: 2.804
City of Dubuque limits
N
A
0 500 1,000
Feet
2,000
EXHIBIT C
The legal description of the proposed annexation territory is:
PART OF LOT 1 IN BREHM ACRES PLAT 2. DUBUQUE COUNTY, IOWA,
MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE
EAST QUARTER CORNER OF SECTION 36, TOWNSHIP 89 NORTH, RANGE
1 EAST OF THE 5th P.M., DUBUQUE COUNTY, IOWA; THENCE SOO'05'05"E,
394.29 FEET TO ALONG THE EAST LINE OF THE SOUTHEAST QUARTER
OF SAID SECTION 36 TO THE CENTERLINE OF COTTINGHAM ROAD AND
THE POINT OF BEGINNING; THENCE CONTINUING SOO'05'05"E, 794.63
FEET ALONG SAID EAST LINE; THENCE N66'1 6'22"W, 100.00 FEET;
THENCE N46030'28"W, 193.69 FEET; THENCE N20'1 3'45"W, 170.84 FEET TO
THE CENTERLINE OF COTTINGHAM ROAD; THENCE N40'16'31"E, 176.53
FEET ALONG SAID CENTERLINE TO THE BEGINNING OF A CENTERLINE
CURVE TANGENT TO SAID LINE; THENCE NORTHEASTERLY AND
NORTHERLY, 255.77 FEET ALONG THE CURVE CONCAVE TO THE
NORTHWEST, HAVING A RADIUS OF 740.82 FEET AND A CENTRAL ANGLE
OF 19'46'53"; THENCE N20'30'25"E, 33.09 FEET ALONG SAID CENTERLINE
TO THE BEGINNING OF A CENTERLINE CURVE; THENCE NORTHERLY
AND NORTHEASTERLY, 83.73 FEET ALONG SAID CURVE HAVING A
RADIUS OF 325.00 FEET, CONCAVE TO THE SOUTHEAST, A CENTRAL
ANGLE OF 14045'38" AND A CHORD WHICH BEARS N25010'38"E, 83.50
FEET TO THE POINT OF BEGINNING, CONTAINING 2.804 ACRES, WHICH
INCLUDES 0.402 ACRES OF EXISTING PUBLIC ROAD RIGHT OF WAY.
CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of Dubuque, Iowa will hold a public
hearing on a voluntary annexation request by:
John and Diane Brehm (property owners) and Seippel Warehouse LLC (applicant and
future owner) for the voluntary annexation of 2.804 acres of property. The annexation
territory is comprised of agricultural land east of Cottingham Road and west of Dubuque
Industrial Center South.
The public hearing will be held:
DATE: Monday, April 17, 2023
TIME: 6:30 p.m.
PLACE: City Council Chambers, Historic Federal Building
350 W. 6th Street, Dubuque, Iowa
The legal description of the City of Dubuque proposed annexation territory is:
PART OF LOT 1 IN BREHM ACRES PLAT 2. DUBUQUE COUNTY, IOWA,
MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE
EAST QUARTER CORNER OF SECTION 36, TOWNSHIP 89 NORTH, RANGE
1 EAST OF THE 5th P.M., DUBUQUE COUNTY, IOWA; THENCE S00005'0511E,
394.29 FEET TO ALONG THE EAST LINE OF THE SOUTHEAST QUARTER
OF SAID SECTION 36 TO THE CENTERLINE OF COTTINGHAM ROAD AND
THE POINT OF BEGINNING; THENCE CONTINUING SOO'05'05"E, 794.63
FEET ALONG SAID EAST LINE- THENCE N66016'22"W, 100.00 FEET -
THENCE N46030'28"W, 193.69 �EET; THENCE N20-13-45"W, 170.84 �EET TO
THE CENTERLINE OF COTTINGHAM ROAD; THENCE N40016'31"E, 176.53
FEET ALONG SAID CENTERLINE TO THE BEGINNING OF A CENTERLINE
CURVE TANGENT TO SAID LINE- THENCE NORTHEASTERLY AND
NORTHERLY, 255.77 FEET ALO�G THE CURVE CONCAVE TO THE
NORTHWEST, HAVING A RADIUS OF 740.82 FEET AND A CENTRAL ANGLE
OF 19046'53"; THENCE N20'30'25"E, 33.09 FEET ALONG SAID CENTERLINE
TO THE BEGINNING OF A CENTERLINE CURVE; THENCE NORTHERLY
AND NORTHEASTERLY, 83.73 FEET ALONG SAID CURVE HAVING A
RADIUS OF 325.00 FEET, CONCAVE TO THE SOUTHEAST, A CENTRAL
ANGLE OF 14045'38" AND A CHORD WHICH BEARS N25010'38"E, 83.50
FEET TO THE POINT OF BEGINNING, CONTAINING 2.804 ACRES, WHICH
INCLUDES 0.402 ACRES OF EXISTING PUBLIC ROAD RIGHT OF WAY.
At the public hearing, all interested parties may present oral and written comments
regarding the proposal. Copies of supporting documents for the public hearing are on
file in the City Clerk's Office, 50 w. 13th Street, Dubuque, and may be viewed during
normal working hours. The official agenda will be posted the Friday before the meeting
and will contain public input options. The City Council agenda can be accessed at
https://citvofdubuque.novusagenda.com/AgendaPublic/ or by contacting the City Clerk's
Office at 563-589-4100, ctVclerk(a-)_citVofd u bug ue.org. At said time and place of public
hearings all interested citizens and parties will be given an opportunity to be heard for or
against said proposal.
Any visual or hearing -impaired persons needing special assistance or persons with
special accessibility needs should contact the City Clerk's Office at (563) 589-4100 or
TDD (563) 690-6678 at least 48 hours prior to the meeting.