Annex Grandview Meth JFK RdEconomic Development
SMART IDEA
November 20, 2002
Ms. Jearme Schneider
Dubuque City Clerk
50 W. 13th Street
Dubuque, IA 52001-4864
RE: UA02-31 Dubuque Voluntary Annexation
Dear Ms. Schneider:
Pursuant to Sections 368.7 and 368.20, Iowa Code (2001) 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 (2001) provides: "The inclusion by incorporation,
consolidation, or annexation of any facilities or 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. As staff for the Board, I have carded out the required filing and the annexation is
therefore complete. An appeal of the Board's decision maybe filed within 30 days of the date of the
enclosed order.
Please note that pursuant to Section 312.3(4) Iowa Code (2001) the mayor and council are required
to certify to the State Treasurer the population of any areas annexed since the last federal census.
If there are any questions, please call me at (515) 242-4719.
Sincerely,
Steven R. McCaun
City Development Board Administrator
SRM:rao
Cc: Cities of Sageville and Asbury, Dubuque City Attorney, Local Utilities and Property Owners
Thomas J. Vilsack, Governor Sally J. Pederson, Lieutenant Governor C.J. Niles, Director
200 East Grand Avenue, Des Moines, Iowa 50309 Phone: 515.242.4700 Fax: 515.242.4809 www.iowasmar~idea.com
BEFORE THE CITY DEVELOPMENT BOARD
STATE OF IOWA
IN THE MATTER OF THE VOLUNTARY )
ANNEXATION OF THE CITY OF DUBUQUE )
WITHIN THE URBANDIZED AREA OF THE )
CITIES OF SAGEVILLE AND ASBURY )
NO. UA02-31 DUBUQUE
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DETERMINATION
TO: Cities of Dubuque, Sageville and Asbury, Dubuque County Board of Supervisors,
Dubuque County Attorney, Dubuque County Recorder, Dubuque County Auditor, East
Central Intergovernmental Association, Iowa Attorney Genera[, Iowa Secretary of State,
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 Sageville and Asbury on October 25, 2002. Notice of
City Development Board review of the request and owner's application was given on
October 29, 2002, and the Board considered the matter at its November 14, 2002, 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 August 1,2002, by written application, which included a map Grandview Avenue
U aited Methodist Church by Jack Borchers, Chair of Trustees 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.
On October 4, 2002, the City of Dubuque published in an official county newspaper
notice of the City Council's meeting on October 21,2002, to consider the application for
voluntary annexation.
UA02-31 Dubuque Findings of Fact
Prepare~; by; Steven R. McCann, Administrator 515/242-4719
Iowa Economic Development/City Development Board
200 E Grand Avenue / Des Moines, Iowa 50309
3.On September 18, 2002, the City of Dubuque provided a copy of the application for
voluntary annexation to the Cities of Sageville and Asbury, Dubuque County Board of
Supervisors, East Central Intergovernmental Association, Iowa Department of
Transportation, and affected public utilities.
4.By resolution dated October 21,2002, 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 Sageville and Asbury 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 October 25, 2002, 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 October 29, 2002, the City Development Board notified, by mail, the Cities of
Dubuque, Sageville and Asbury, Dubuque County Board of Supervisors, Dubuque
County Attorney, East Central Intergovernmental Association, Iowa State Attorney
General, Iowa Department of Transportation, affected public utilities and property owners
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 November 14, 2002, meeting and found it to be
complete and prepedy 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
Section 368.1(1 ) Iowa Code (2001) and is within the "urbanized area" of the Cities of
Sageville and Asbury as the term is defined in Section 368.1 Iowa Code (2001).
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 Section 368.7 Iowa Code
(2001).
UA02-31 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
3.The City Development Board has jurisdiction to approve or decline the owner's
application for annexation Section 368.7 Iowa Code (2001). If the owner's application is
approved by the Board, the Board is required to file portions of the proceedings in accord
with Section 368.7 Iowa Code (2001).
4.The resolution by the City Council of Dubuque conforms with Section 368.7 Iowa Code
(2001).
5.The City of Dubuque's request for Board approval and the annexation is in substantial
compliance with 263 Iowa Admin Code 1.7.
6.In accord with the standards set forth in Chapter 368 Iowa Code (2001) the annexation
proposal is in the public's interest.
Dated this 20th day of November 2002.
CITY DEVELOPMENT BOARD
James Halverson, Vice Chairperson
signature affixed by Steven R. McCann, Administrator
for City Development Board as authorized under 263
Iowa Administration Code 3.28
UA02-31 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
following:
Dubuque City Clerk
Dubuque County Recorder
Iowa Secretary of State
and that the Board file a copy of the map and legal description with the Iowa Department of
Transportation, and that all recording and filing fees be charged to the City of Dubuque.
Dated this 20TM day of November 2002.
CITY DEVELOPMENT BOARD
James Halverson, Vice Chairperson
UA02-31 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
4
PROOF OF SERVICE
The undersigned hereby certifies that a true copy of the foregoing instrument was served
upon:
Ms. Jeanne Schneider
Dubuque City Clerk
50 W 13th Street
Dubuque, IA 5200'1-4864
Cc: City Attorney
Public Utilities
Properly Owners
Ms. AmyWeDenbacher
Sageville City Clerk
3257 Sheridan Road
Dubuque, lA 52001-8145
Ms. Patdcia Sunsed
Asbury City Clerk
4985 Asbury Road
Dubuque, lA 52002-0411
Dubuque Co. Bd. of Supervisors
720 Central Avenue
Dubuque, IA 52001
Cc: Dubuque Co. Zoning
Dubuque County Road Dept.
Dubuque County Attorney
Dubuque County Recorder
720 Central Avenue
Dubuque, IA 5200'1
Cc: Dubuque County Auditor
Mr. Bill Baum
East Central Intergovernmental Association
STE 330 Nesler Centre
PO 1'140
Dubuque, IA 52004-1140
Mr. Fred Dean
Iowa Dept. of Trans.
Iowa 130. PO Box 2646
Davenport, IA 52809
Cc: Jorge Zamora
Said copy was mailed in an envelope addressed to them at the address shown above,
with postage fully paid and by depositing same in an United States Post Office depository in Des
Moines, Iowa on the 20th day of November 2002.
Local Mail:
Honorable Torn Miller, Iowa Attomey General
Honorable Chester J. Culver, Iowa Secretary of ~State-~
?, / /I//
Ragin~
UA02-31 Dubuque Findings of Fact
Prepared by:. Steven R. McCann, Administrator 515/242-4719
owa Economic Development / City Development Board
200 E Grand Avenue / Des Moines, Iowa 50309
Appendix A
Legal Description of territor7 to be annexed
to the City of Dubuque, Iowa, CDB Case No. UA02-31.
Lot 1 of Lot 2 of Mineral Lot 459, Section 16, T89N, R2E of 5th P.M> in Dubuque County.
The territory extends to the center line of all
secondary roads adjacent to the above described properties.
Applicant: Grandview Avenue
United Mthodist Chruch
Location:Southwest of John
Wesley Drive & North of Asbury
Plaza Shopping Center
Description: To annex property
in conjunction with rezoning
CITY DEVELOPMENT BOARD
STATE Of IOWA
IN THE MATTER OF
CITY OF DUBUQUE
VOLUNTARY ANNEXATION WITHIN THE
URBANIZED AREA OF THE CITIES OF
SAGEViLLE AND ASBURY
NO. UA02-31 DUBUQUE
NOTICE OF MEETING TO CONSIDER
VOLUNTARY ANNEXATION WITHIN
THE URBANIZED AREA
TO: Cities of Dubuque, Sageville and Asbury, Dubuque County Board of Supervisors,
Dubuque County Attorney, East Central lntergovemmental Association, Iowa State
Attomey General, Iowa Department of Transportation and affected public utilities.
You and each of you are hereby notified that the City Development Board will, pursuant
to Section 368.7 Iowa Code (2001), consider the above captioned matter at its regular meeting
at 1:00 PM on November 14, 2002, in the Main Conference Room, Iowa Department of
Economic Development, 200 East Grand Avenue, Des Moines, Iowa. A copy of a map and legal
description of the annexation territory is enclosed.
At said meeting the City Development Board in its deliberations on approval or
disapproval of said annexat!op., may take note of public documents or other evidence and shall
give any interested party opportunity to present evidence or comment orally or in wdting all in
accord with Section 263-1.7, I.A.C. The City Development Board invites oral or wdtten
comments relative to the petition on or before the meeting date as noted above.
Should you have questions regarding this notice please contact the City Development
Board at 515/242-4719.
CITY DEVELOPMENTBOARD
Steven R: McCann, Administr~itor
City Development Board
Prepared by:. Steve McCann 5t5/242-4719
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:
Ms. Jeanne Schneider
Dubuque City Clerk
50 W 13th Street
Dubuque, IA 52001-4864
Cc: City Attorney
Public Utilities
Property Owners
Ms. Amy Weidenbacher
Sageville City Clerk
3257 Sheridan Road
Dubuque, IA 52001-8145
Ms. Patricia Sunseri
Asbury City Clerk
4985 Asbury Road
Dubuque, lA 52002-0411
Dubuque Co. Bd. of Supervisors
720 Central Avenue
Dubuque, IA 52001
Cc: Dubuque Co. Zoning
Dubuque County Road Dept.
Dubuque County Attorney
Mr. Bill Baum
East Central Intergovernmental Association
STE 330 Nesler Centre
PO 1140
Dubuque, IA 52004-1140
Mr. Fred Dean
Iowa Dept. of Trans.
Iowa 130, PO Box 2646
Davenport, IA 52809
Cc: Jorge Zamora
Said copy was mailed in an envelope addressed to them at the address shown above, with
postage fully paid and by depositing same in an United States Post Office depository in Des Moines,
Iowa on the 29th day of October 2002.
Local Mail: Iowa Attomey General, 2nd Floor Hoover Buildin~
Rag~a (~tendorf, Se~.'retary/~
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. UA02-31.
Lot 1 of Lot 2 of Mineral Lot 459, Section 16, T89N, R2E of 5th P.M> in Dubuque County.
The territory extends to the center line of all
secondary roads adjacent to the above described properties.
Applicant: Grandview Avenue
United Methodist Church
Location: Southwest of John
'Wesley Drive & North of Asbury
Plaza Shopping Center
Description: To annex property,
in conjunction with rezoning
Prep.ared by:. Laura Carstens~ City Planner Address: City Hall, 50 W. 13th St Telephone: 589-4210
RESOLUTION NO. 572 -02
RESOLUTION ANNEXING CERTAIN PROPERTY
Whereas, Grandview Avenue United Methodist Church, property owner, has
voluntarily petitioned for annexation of approximately 26.398 acres of property lying outside of
the corporate limits of the City of Dubuque, Iowa as shown in Exhibit A; and
Whereas, Chapter 368 of the Code of Iowa authorizes the extension o[ City limits in
situations of this character by adoption of a resolution after notification is required by State
regulations; and
Whereas, this request has been found to be consistent with the Comprehensive Plan
and the Future Land Use Map of the Comprehensive Plan; and
Whereas, the future growth and development of the City of Dubuque, Iowa make it
desirable that the property be made part of the city of Dubuque, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the territorial limits of the Dubuque, Iowa by and they are hereby
extended to include the properbj legally described, to wit:
Lot 1 of Lot 2 of Mineral Lot 459, Section 16, T89N, R2E of 5th P.M. in Dubuque
County.
Section 2. The territory hereby annexed shall become a part of the 6~ Precinct of
the 2~ Ward of the City of Dubuque.
Section 3. That the City Clerk shall file this resolution, all exhibits and the petition
for voluntary annexation with the State of Iowa in accordance with State Regulations.
Passed, approved and adopted this 21 st. day of
Attest:
~ ~,/Je~nne F. Schneider, City Clerk
October 2002~
CERTIFICATE OF CITY CLERK
STATE OF IOWA )
)
COUNTY OF DUBUQUE )
I, Jeanne F. Schneider, do hereby certify that I am the duly appointed, qualified, and
acting Clerk of the City of Dubuque, Iowa in the County aforesaid, and as such Clerk I
have in my possession or have access to the records of the proceedings of the City
Council. I do further State that the hereto attached Resolution No. 572-02 is a correct
copy of the original Resolution No. 572-02 approved and adopted by the City Council
of the City of Dubuque, iowa, at a session held by said Council on the 21st day of
October, 2002.
In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque,
Iowa.
Dated at Dubuque, Iowa on this 22nd day of October, 2002.
Jeanne F. Schneider, CMC
City Clerk
(SEAL)
Applicant: Grandview Avenue
United Methodist Church
Location: Southwest of John
Wesley Drive & North of Asbury
Plaza Shopping Center
Description: To annex property,
in conjunction with rezoning
MEMORANDUM
September 10, 2002
TO:The Honorable Mayor and City Council Members
FROM:Michael C. Van Milligen, City Manager
SUBJECT:Annexation Request of Grandview Avenue United Methodist Church
Grandview Avenue United Methodist Church has requested City Council review and
approval of a voluntary annexation request. The church has requested annexation of
26.398 acres southwest of John Wesley Ddve and north of Asbury Plaza in conjunction
with rezoning to CS Commemial Service and Wholesale District. The property is
currently zoned County A-1 Agricultural.
Planning Services Manager Laura Carstens is recommending that a public hearing be
set for October 21, 2002, on the annexation request. This will allow approval of the
annexation concurrent with the Council's public hearing on the rezoning request.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Laura Carstens, Planning Services Manager