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City Development Board Proceedings_Kress RezoningJuly 22, 2008 Ms. Jeanne Schneider Dubuque City Clerk City Hall, 50 West 13th Street Dubuque, IA 52001-4864 RE: UA08-13 /Dubuque Voluntary Annexation Dear Ms. Schneider: C7 c~ ~ '-'' r~ ~, ~-- c ~ r- ~ i ? ~, ~ rv ~' ~" < ~ = 6`J i?1 ~-- ~,~ ..o ~ ~_ . I -- ~ - 1 ~~ -- -- -- ~~ ~l7 ~ Pursuant to Sections 368.7 and 368.20 Iowa Code, the City Development Board is required to file with the Clerk of each city involved in a boundary adjustment, copies of the proceedings. Please note that Iowa Code Section 476.26 provides: "The inclusion by incorporation, consolidation, or annexation of any facilities ar service area of an electric utility within the boundaries of any city shall not by such inclusion impair or affect in any respect the rights of the electric utility to continue to provide electric utility service and to extend service to prospective customers in accordance with the provisions of this division. Please find enclosed the Findings of Fact and Conclusions of Law and The Final Order filed by the City Development Board approving the voluntary annexation petition submitted by the City of Dubuque. If no appeal is filed within 30-days of the date of this Order, the City Development Board will file a copy of these proceedings with the Iowa Secretary of State and record with the Dubuque County Recorder to complete this annexation. All recording and filing fees will be charged to the City of Dubuque. Please note that pursuant to Section 312.3(4) Iowa Code, the Mayor and Council are required to certify to the State Treasurer the population of any areas annexed since the last federal census once the annexation is complete. The annexation is completed when copies of these proceedings have been filed with the Dubuque County Recorder and Iowa Secretary of State by the City Development Board. If there are any questions, please call me at (515) 242-4719. Sincerely, A -~ ~s ,~-ez. ~~l ~ ~-_ Steven R. McCann C City Development Board Administrator SRM:bIh cc: Dubuque City Attorney IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT 200 East Grand Avenue, Des Moines, Iowa 50309 USA • Phone: 515.242.4700 • Fax: 515.242.4809 • www.iowalifechanging.com CITY DEVELOPMENT BOARD STATE OF IOWA IN THE MATTER OF THE CITY OF ) NO. UA08-13 /DUBUQUE DUBUQUE VOLUNTARY ANNEXATION ) WITHIN THE URBANIZED AREA OF THE ) FILING OF WRITTEN DECISION CITIES OF ASBURY AND CENTRALIA ) TO: Cities of Dubuque, Asbury and Centralia, Dubuque County Board of Supervisors, Dubuque County Attorney, East Central Intergovernmental Association, Iowa Attorney General, Affected Public Utilities, and Parties of Record. You and each of you are hereby notified that the City Development Board has approved the annexation of territory to the City of Dubuque under City Development Board Case File No. UA08-13. Please find enclosed the Findings of Fact, Conclusions of Law, Determination, and Final Order by the City Development Board approving the annexation. An appeal of the Board's decision may be filed within 30-days of the date of the enclosed Order. If no appeal is filed within 30-days of the date of this Order, the City Development Board will file with the Iowa Secretary of State and record with the Dubuque County Recorder to complete this annexation. CITY DEVELOPMENT BOARD s ~~~%~~ Steven R. McCann, City Development Board Administrator Phone: 515-242-4719 Prepared by: Steve McCann 515/242-4719 City Development Board Administrator / 200 E Grand Avenue /Des Moines, IA 50309 PROOF OF SERVICE The undersigned hereby certifies that a true copy of the foregoing instrument was served upon: Mr. Ralph Potter Alliant Energy, Attn.: CEO Dubuque Co. Attorney 1000 Main Street 720 Central Avenue Dubuque, IA 52001 Dubuque, IA 52001 Chicago Central & Pacific Railroad Dubuque Co. Bd. of Supervisors 1006 E. 4th Street 720 Central Avenue Waterloo, IA 50703 Dubuque, IA 52001 Mediacom, Attn.: General Mgr. Mr. Fred Dean 3033 Asbury Road Iowa Dist. Trans. Planner Dubuque, IA 52001 8723 NW Blvd, PO 2646 Davenport, IA 52809 Ms. Mary Chris Lotspeich Qwest Ms. Kelley Deutmeyer 3565 Utica Ridge Road ECIA Bettendorf, IA 52722 3999 Pennsylvania Avenue, Ste. 200 Dubuque, IA 52002 Ms. Jan Schaffer U.S. West City of Asbury 615 3rd Avenue S.W. 5080 Asbury Road Cedar Rapids, IA 52401 Dubuque, IA 52002-2522 MCI, Engineering Department Ms. Jean Wuertzer 560 2nd Avenue S.E. City of Centralia Cedar Rapids, IA 52401 7978 Maranatha Ct. Peosta, IA 52068 Ms. Vicki Davis AT&T Corporation Mr. Barry Lindahl 3001 Cobb Parkway, Rm. 162 Dubuque City Attorney Atlanta, GA 30339 300 Main St., Ste. 330, Harbor View Place Dubuque, IA 52001-6944 Aquila Inc., Attn.: CEO 1015 Cedar Cross Road Ms. Jeanne Schneider Dubuque, IA 52003 Dubuque City Clerk 50 West 13th Street Maquoketa Valley Rural Electric Dubuque, IA 52001-4864 P.O. Box 370, 109 N. Huber Anamosa, IA 52205-0370 Prepared by: Steve McCann 515/242-4719 City Development Board Administrator / 200 E Grand Avenue /Des Moines, IA 50309 Said copy was mailed in an envelope addressed to them at the address shown above, with postage fully paid and by depositing same in a United States Post Office depository in Des Moines, Iowa, on the 22"d day of July, 2008. Local Delivery Honorable Tom Miller, Iowa Attorney General Betty ess ng, Admi r tive Assistant Prepared by: Steve McCann 515/242-4719 City Development Board Administrator / 200 E Grand Avenue /Des Moines, IA 50309 BEFORE THE CITY DEVELOPMENT BOARD STATE OF IOWA IN THE MATTER OF THE VOLUNTARY ) NO. UA08-13 /DUBUQUE ANNEXATION OF THE CITY OF DUBUQUE ) FINDINGS OF FACT AND WITHIN THE URBANDIZED AREA OF THE ) CONCLUSIONS OF LAW AND CITIES OF ASBURY AND CENTRALIA ) DETERMINATION TO: Cities of Dubuque, Asbury and Centralia, Dubuque County Board of Supervisors, Dubuque County Attorney, East Central Intergovernmental Association, Iowa Attorney General, Iowa Department of Transportation and affected public utilities. STATEMENT OF THE CASE The City of Dubuque filed its request for City Development Board approval of annexation of territory within the urbanized area of Asbury and Centralia on June 26, 2008. Notice of City Development Board review of the request and owner's application was given on June 27, 2008, and the Board considered the matter at its July 9, 2008, meeting. The City Development Board, having considered the City's request for approval, the property owner's application, and all evidence submitted by the affected parties hereby makes the following findings of fact, conclusions of law and determination: FINDINGS OF FACT On November 5, 2007, by written application, which included a map, Toby Kress, Kress Industrial Facility, requested the City of Dubuque to annex the following described property owned by them and located in Dubuque County, Iowa: The proposed annexation territory is described in Appendix A attached hereto and by this reference made a part of. UA08-13 Dubuque Findings of Fact Prepared by: Steven R. McCann, Administrator 515/242-4719 Iowa Economic Development /City Development Board 200 E Grand Avenue /Des Moines, Iowa 50309 2. On April 29, 2008, and June 10, 2008, the City of Dubuque published in an official county newspaper notice of the City Council's meeting on June 16, 2008, to consider the application for voluntary annexation. 3. On April 25, 2008, the City of Dubuque provided a copy of the application for voluntary annexation to the City of Asbury and Centralia, Dubuque County Board of Supervisors, East Central Intergovernmental Association, Iowa Department of Transportation, and affected public utilities. 4. By resolution dated June 16, 2008, which contained a legal description, the City Council of Dubuque voted to annex the subject property. 5. The area to be annexed is within two miles of the Cities of Asbury and Centralia and is therefore within their urbanized area. 6. The area to be annexed has a common boundary with the City of Dubuque of more than 50 feet. 7. The area to be annexed does not contain railroad right-of-way. 8. On June 26, 2008, the City requested the City Development Board to approve the annexation of the territory described in finding number one. Said request included a copy of the owner's application, map and City Council resolution. 9. On June 27, 2008, the City Development Board notified, by mail, the Cities of Dubuque, Asbury and Centralia, Dubuque County Board of Supervisors, Dubuque County Attorney, East Central Intergovernmental Association, Iowa State Attorney General, Iowa Department of Transportation and affected public utilities of the proposed annexation and request for approval. Said notice invited oral and written evidence relative to the proposed annexation. 10. No response was received from any governmental unit, business or individual. 11. The Board considered the request at its July 9, 2008, meeting and found it to be complete and properly filed. 12. Based on the information favoring the annexation found in the petition and other materials filed by the City of Dubuque and the absence of evidence of any potential adverse consequences, the Board finds the annexation to be in the public interest. CONCLUSIONS OF LAW 1. The territory to be annexed "adjoins" the City of Dubuque as the term is defined in Iowa Code Section 368.1(1) and is within the "urbanized area" of the Cities of Asbury and Centralia as the term is defined in Iowa Code Section 368.1(16). UA08-13 Dubuque Findings of Fact Prepared by: Steven R. McCann, Administrator 515/242-4719 Iowa Economic Development /City Development Board 200 E Grand Avenue /Des Moines, Iowa 50309 2. The City published notice of the filing of the petition and provided copies of the proposed annexation to parties in accordance with the requirements of Iowa Code Section 368.7. 3. The City Development Board has jurisdiction to approve or decline the owner's application for annexation Iowa Code Section 368.7(3). If the owner's application is approved by the Board, the Board is required to file portions of the proceedings in accord with Iowa Code Section 368.7. 4. The resolution by the City Council of Dubuque conforms with Iowa Code Section 368.7. 5. The City of Dubuque's request for Board approval and the annexation is in substantial compliance with 263 Iowa Administrative Code Chapter 7.2. 6. In accord with the standards set forth in Iowa Code Chapter 368, the annexation proposal is in the public's interest. Dated this 22"d day of July, 2008. CITY DEVELOPMENT BOARD _.vv~~ ~~ Dennis Plautz, Chairp on signature affixed by even R. McCann, Administrator for City Development Board as authorized under Iowa Administration Code 263 - 9.11(2) UA08-13 Dubuque Findings of Fact Prepared by: Steven R. McCann, Administrator 515/242-4719 Iowa Economic Development /City Development Board 200 E Grand Avenue /Des Moines, Iowa 50309 THEREFORE, IT IS ORDERED that the application of the following described territory to the City of Dubuque is hereby approved: The proposed annexation territory is described in Appendix A and attached hereto and by this reference made a part of. IT IS FURTHER ORDERED that the owner's annexation application and map, City Council resolution, notices of Board review and this Order be filed by the Board with the Dubuque City Clerk and that the Board file a copy of the map and legal description with the Iowa Department of Transportation. To complete the annexation process, the Board Administrator shall mail a copy of this Order and other relevant documents to the Dubuque County Recorder and Iowa Secretary of State on or after the 31 sc day following issuance of this Order. To request a stay of completion of the annexation process, a person or city authorized by Iowa Code Section 368.22 to appeal this Order must deliver to the Board Administrator a timely written request for a stay accompanied by notice of the filing of a petition for judicial review or intent to file a petition for judicial review. Any such request shall be referred to the Board for action at its next regularly scheduled meeting or at a special meeting. Dated this 22"d day of July, 2008. CITY DEVELOPMENT BOARD lsl JJ ,~'~1~/Y~~ / ~G~~ Dennis Plautz, Chairperson UA08-13 Dubuque Findings of Fact Prepared by: Steven R. McCann, Administrator 515/242-4719 Iowa Economic Development /City Development Board 200 E Grand Avenue /Des Moines, Iowa 50309 PROOF OF SERVICE The undersigned hereby certifies that a true copy of the foregoing instrument was served upon: Mr. Ralph Potter Alliant Energy, Attn.: CEO Dubuque Co. Attorney 1000 Main Street 720 Central Avenue Dubuque, IA 52001 Dubuque, IA 52001 Chicago Central & Pacific Railroad Dubuque Co. Bd. of Supervisors 1006 E. 4th Street 720 Central Avenue Waterloo, IA 50703 Dubuque, IA 52001 Mediacom, Attn.: General Mgr. Mr. Fred Dean 3033 Asbury Road Iowa Dist. Trans. Planner Dubuque, IA 52001 8723 NW Blvd, PO 2646 Davenport, IA 52809 Ms. Mary Chris Lotspeich Qwest Ms. Kelley Deutmeyer 3565 Utica Ridge Road ECIA Bettendorf, IA 52722 3999 Pennsylvania Avenue, Ste. 200 Dubuque, IA 52002 Ms. Jan Schaffer U.S. West City of Asbury 615 3rd Avenue S.W. 5080 Asbury Road Cedar Rapids, IA 52401 Dubuque, IA 52002-2522 MCI, Engineering Department Ms. Jean Wuertzer 560 2nd Avenue S.E. City of Centralia Cedar Rapids, IA 52401 7978 Maranatha Ct. Peosta, IA 52068 Ms. Vicki Davis AT&T Corporation Mr. Barry Lindahl 3001 Cobb Parkway, Rm. 162 Dubuque City Attorney Atlanta, GA 30339 300 Main St., Ste. 330, Harbor View Place Dubuque, IA 52001-6944 Aquila Inc., Attn.: CEO 1015 Cedar Cross Road Ms. Jeanne Schneider Dubuque, IA 52003 Dubuque City Clerk 50 West 13th Street Maquoketa Valley Rural Electric Dubuque, IA 52001-4864 P.O. Box 370, 109 N. Huber Anamosa, IA 52205-0370 Prepared by: Steve McCann 5151242-4719 City Development Board Administrator / 200 E Grand Avenue /Des Moines, IA 50309 Said copy was mailed in an envelope addressed to them at the address shown above, with postage fully paid and by depositing same in a United States Post Office depository in Des Moines, Iowa, on the 22"d day of July, 2008. Local Delivery Honorable Tom Miller, Iowa Attorney General Betty es ng, Admini Ive Assistant Prepared by: Steve McCann 515/242-4719 City Development Board Administrator / 200 E Grand Avenue /Des Moines, IA 50309 Appendix A Legal Description of territory to be annexed to the City of Dubuque, Iowa CDB Case No. UA08-13 The legal description of the land proposed for annexation is Lot 3 of Kunde Place #2, Section 36, T89N, R1 E of the 5th P.M. in Dubuque County, Iowa. The proposed annexation includes approximately 16.17 acres of railway right-of-way to create more uniform boundaries with the corporate limits of the City of Dubuque. In addition, the proposed annexation includes Dubuque County road right-of-way to the centerline of adjacent Old Highway Road. The territory extends to the center line of all secondary roads adjacent to the above described properties. 4 ~ i . THE.CIT1f QP ~~~ MasEerpiece on t'l~ Misrissippi N . C ~~ Z ~~ g `~~ . .~,I. r~ ~1q l owauQU~ rr~ . ~ .- - R>:.IRR IWAA PRI!IV~lIP~ F'1V ~11~1111111p rd~111FItV (?s~S ........ ..~. .. ..._..... •_.~._..r"""._..... a ;~ J ~ r- -~` r r Kress Indusfiriai Facility Annexation Vicinity Map ~;~> w;: 1.- Kress In~+l~l~+~ial Facility 75.43 acres ;}~ ,. `~ Rail~aad Right of Way -1 fi.17 acres Dubuque City Limits ; N•\Planninn Rnnrlr•K+a-\Rrirtihr 11AArne~7AF: \firnir~H.o MarnelKrs~e 1n~lllatdul'TLIn 6Alls A~~iwl RAan 11 f4f. AT .. ~ °" ENN~~~~O~ ~xECrrY r Dubuque K ~'"r r...~w.~,'~ ~ ~ 4 °,,~ ~UB ~-+ i4At,cdaCil! __ - - _ ! ~~ _ ~ ~ _ Masterpiece on tfieMississippi _. 1 z00~ -r ~~ - Annexation " _ --o _ AssURY ~ ~ Vicinity Map 1 i p ~ . lT ~ Z I' Z '~'~-,p ~ - - _ : -~~ , W, Applicant: Toby Kress, Kress Industrial `"O - ~-=~ `Y Facility (tabled from December 5, 2007) ` ~ PErINSYLViaNI` AVE .- ~~". -~0 - Location: South of Old Highway Road ~ ~ ~~~_ a' .-- ._ W DUBUQUE' ~ and west of railroad line ,i ~ ~~ ~ _ ~~ s~ Proposal: To annex properly, in conjunction with ' `$, _ __ ~ ooo~~ ~ e rezoning. - ~ ~ _ .. _ ~ - i OLD HIGHWAY RD -, .. ~ ~L ~ ~~ 1. C NTi2A ' ~ v '<d - 4 (`O ~, eOV i I ~ -' ee5° ,, J ~~~ ~, - ~ ~~ . ~_- -Proposed Annexation Area ~ ~ ~~ . _._ r s -_ ~ _ ~~ - ;; City of Dubuque ' i N i~ City of Asbury ~~~~o~' z H ~ ~ City of Centralia 50 ~~ ~~''+...A Major Roads P. ~~~ _ ~~ • OIL fir. I ~, ~ J ` Base Map Provided by Dubuque County GIS H;\Planning Serviceslvcinity MapsVAC Vicinity Maps\Kress Annexation Map 1 04_14_Ot '