Annexation_Tanzanite Dr_City of DubuqueDepartment of
) Economic Development
Iowa
SMART IDEAT^^
February 12, 2003
Dubuque City Council
50 W 13th Street
Dubuque, IA 52001-4864
RE: City Development Board Case File UA03-16 Dubuque
Attention Dubuque City Council:
The documents that were submitted regarding the annexation proposed for the City of Dubuque
were received on February 7, 2003. The Board's administrative rules describe the items that are
required to be included in the request for voluntary annexation submitted to the City Development
Board. Listed below are the required items that were not included in the above referenced case file.
The Board rule for each of the required items has been provided and a complete copy of the City
Development Administrative Rules can be found on the WEB at:
http:flwww. a rtstate. ia. uslartichapters. nsflchaptersea rch?openframset
City Development Administrative Rule:
263-7.2(368) Contents of request. A request for board approval of an application for voluntary
annexation of territory within another city's urbanized area shall be initiated pursuant to Iowa Code
section 368.7 and shall include the following:
7.2(1) Landowner's application. Written application(s) for annexation of the territory must include:
7.2(1)2 In the event that property for which annexation is sought is owned by a business
organization or entity other than a natural person or persons, documentation establishing that the
applicant is authorized to act on behalf of the owner shall be provided with the application.
(Michael A. Koch signed application request on behalf of the City. City's
proposal should include proof of authorization to sign in this capacity)
7.2(2) Documentation of the city's approval of the application. The following documentation must be
included in a city's request for board approval of a voluntary annexation application:
7.2.(2)b. A statement indicating whether the annexation territory is subject to an existing moratorium
agreement and, if so, whether the proposed annexation is consistent with the terms of that
agreement.
(No statement with annexation proposal stating whether or not any Moratorium
Agreements affect the proposed annexation territory)
7.2.(2)e. A map clearly showing the entire boundary of the existing city, the entire annexation
territory, adjacent roadways, and the relationship of the territory to the annexing city and, if the
annexation territory is within the urbanized area of another city, the relationship of the territory to the
Thomas J. Vilsack, Governor
Sally J. Pederson, Lieutenant Governor Michael T. Blouin, Director
200 East Grand Avenue, Des Moines, Iowa 50309 Phone: 515.242.4700
Fax:515.242.4809 www.iowasmartidea.com
neighboring city. More than one map may be submitted if necessary to provide all of the required
information to the board.
(City needs to provide map of entire City boundary indicating location of annexation
area and affected urban areas to the City)
7.2.(2)f. A statement indicating whether state-owned property or county -owned road right-of-way
has been included in the proposal pursuant to Iowa Code section 368.5 and, if so, certification that
the city has complied with the notice requirement of that section.
(No statement in file, lack of inclusion of state-owned property or county -owned right
of way does not eliminate the need for a statement from the City)
7.2.(2)g. Certification that the city has complied with the notice requirements of Iowa Code section
368.7(3), including proof of mailing of the application and affidavit of publication of the required
public notice, and, if railway right-of-way is included, certification of notice to the owner as required
by Iowa Code section 368.7(1). For purposes of calculating the required period of notice, "business
days" shall include Monday through Friday of each week, excluding "legal holidays" as set forth in
Iowa Code section 4.1(34).
(No certification in file that the City is in compliance with notice requirements under
Iowa Code §368.7(1))
(Published notice only six business days prior to council action, does not meet
notification requirements)
7.3 Filing of request. A city seeking board approval of a voluntary annexation application shall file the
original and 15 copies of its request and all supporting documentation. The request will be deemed
filed with the board on the date it is received by board staff. The board shall return a file—stamped
copy of the request to the filing city.
(City provided one original, no copies)
If any of these items have been overlooked in our review, please let us know by calling
515.242.4719. The City may submit additional information addressing these items. The Board will
consider the initial proposal and any additional information submitted by,[insert return mail date] at
its meeting on 3/13/2003 at 1:00:00 PM, Main Conference Room, Iowa Economic Development,
200 E. Grand Avenue, Des Moines, Iowa. At that meeting the Board will review the proposal for
annexation for compliance with the filing requirements of Iowa Code §368 and its administrative
rules contained in Iowa Administrative Code Chapter 263 and may either approve or deny the
request. If approved the board will comply with the appropriate procedures set -forth in Iowa Code
and its administrative rules referenced above for filing the final documents to complete the
annexation.
A file stamped copy of the proposal with the assigned case number is enclosed.
Sincerely
:74/,/ te / 1/2
Steven R. McCann
City Development Administrator
CC: Ms. Schneider, Dubuque City Clerk
Enclosures
7.2(1) Authority of applicant to sign
7.2(2)b Statement regarding Moratorium
Agreement
7.2(2)e Map showing entire city boundary
7.2(2)f Statement regarding inclusion or none
inclusion of state-owned property or county -
owned right-of-way
7.2(2)g City's certification of compliance with
368.7(3)
7.3 Filing of request
City Clerk's Office
City Hall
50 West 13th Street
Dubuque, Iowa 520014864
(563) 589-4120 office
(563) 589-0890 fax
ctyclerk@cityofdubuque.org
Mr. Steve McCann
City Development Board
Iowa Dept of Economic Development
200 E. Grand Avenue
Des Moines IA 50309
RE: Voluntary Annexation to the City of Dubuque, Iowa
Dear Mr. McCann:
THE CITY OF
DUB
February 5, 2003
vAo3-1,,
STATE OF IOWA
FEB 0 7 2003
CITY DEV BOARD
Enclosed are the following documents providing for the voluntary annexation of property
to the City of Dubuque, Iowa
Communication from Michael A. Koch, Public Works Director, requesting
annexation;
Certified copy of "Resolution No. 41-03 "Annexing Certain Territory to the City of
Dubuque, Iowa" adopted by the City Council on February 3, 2003'
Copy of the "Certificate of Publication" stating notice of public hearing on a
request to annex was published in the official newspaper on January 24, 2003;
Copy of material provided to the City Council for their consideration; and
Copy of certified receipts of mailings to necessary parties with notice attached.
Hopefully, all is in order, if not please free feel to give me a call.
Sincerely,
Jeanne F. Schneider, CMC
City Clerk
cc: Laura Carstens, Planning Services Manager
Service People Integrity Responsibility Innovation Teamwork
Prepared by: Laura Carstens. City Planner Address: City Hall. 50 W. 13th St Telephone: 589-4210
RESOLUTION NO. 41 -03
RESOLUTION ANNEXING CERTAIN TERRITORY TO THE, CITY OF DUBUQUE,
IOWA
Whereas, the City of Dubuque, property owner, has voluntarily petitioned for annexation
of approximately three acres of property Tying outside the corporate limits of the City of
Dubuque, Iowa, as shown in Exhibit A; an
of the Code of Iowa authorizes the extension of City limits in
option of a resolution after notification as required by State
Whereas, the Chapt
situations of this character b
Regulations; and
Whereas, this request has been found to be consistent with the Comprehensive Plan
and the Proposed 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 said property be made a 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 Dubuque, Iowa be and they hereby are
extended to include the property shown in Exhibit A and legally described in Exhibit B.
Section 2. The territory hereby annexed shall become a part of the Thirteenth
Precinct of the Third Ward of the City of Dubuque, Iowa.
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.
3rd February
Passed, approved and adopted this day of
Attest:
Jeanne F. Schneider, City Clerk
2003.
Terrance M • . ggan, Mayor
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. 41-03 is a correct
copy of the original Resolution No. 41-03 approved and adopted by the City Council of
the City of Dubuque, Iowa, at a session held by said Council on the 3rd day of February,
2003.
In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque,
Iowa.
Dated at Dubuque, Iowa on this 5th day of February, 2003.
(SEAL)
Jeanne F. Schneider, CMC
City Clerk
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CERTIFICATION OF PUBLICATION
Planning Services Department
City Hall
50 West 13th Street
Dubuque, Iowa 52001-4864
(563) 589-4210 office
(563) 589-4221 fax
(563) 690-6678 TDD
planning@cityofdubuque.org
NOTICE OF PUBLIC HEARING
• THE CITY OF
DUB
The Dubuque City Council will hold a public hearing on annexation of Tanzanite Drive
right-of-way. The public hearing will be held:
DATE: Monday, February 3, 2003
TIME: 6:30 p.m.
PLACE: Auditorium, Carnegie Stout Public Library
360 W. 11th Street, Dubuque, Iowa
At the public hearing, all interested parties may present oral and written comments for or
against the following proposal:
APPLICANT: City of Dubuque, Iowa
LOCATION: Tanzanite Drive (see enclosed map)
PROPOSAL: Annexation of approximately three acres of public right-of-way.
Additional information is available during regular business hours at: Planning Services,
City Hall, Second Floor, 50 W. 13th Street, Dubuque, IA 52001, telephone (563) 589-
4210. Written comments may be sent to the City Council at this same address.
Service People Integrity Responsibility Innovation Teamwork
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Engineering Division
City Hall
50 West 13th Street
Dubuque, IA 52001-4864
(563) 589-4270 office
(563) 589-4205 fax
Ms. Laura Carstens
City of Dubuque
Planning Services
50 W. 13th Street
Dubuque, IA 52001
RE: Annexation
Dear Laura:
December 18, 2002
This is a request for annexation of two lots that were purchased in October,
2001, for the extension of Tanzanite Drive from Emerald Acres No. 2 to relocated
Highway 386. The lots were purchased from Harry and Mary Althaus and H&M
Realty and are legally described as:
1. Lot A of Lot 1 of Lot 2 of Lot 27 in Section 2, Township 89 North,
Range 2 East, 5th P.M., Dubuque County, Iowa
2. Lot A of Lot 2 of Lot 2 of Lot 27 in Section 2, Township 89 North,
Range 2 East, 5th P.M., Dubuque County, Iowa
Said Lot A of Lot 1 of Lot 2 of Lot 27 abuts Emerald Acres No. 2 on the east and
Alpine Park on the south. Said Lot A of Lot 2 of Lot 2 of Lot 27 abuts Alpine Park
on the south. Both properties are comprised of right-of-way for Tanzanite Drive.
I have attached the plats, deeds, affidavits, and road plans for your use. Please
contact me if you have any questions.
Sincerely,
Michael A. Koch
Public Works Director
cc: Don Vogt, Operations & Maintenance
Ronald J. Turner, P.L.S.
Attachs.
Service People Integrity Responsibility Innovation Teamwork
MEMORANDUM
January 27,2003
TO:The Honorable Mayor and City Council Members
FROM:Michael C. Van Milligen, City Manager
SUBJECT:Annexation Request - Tanzanite Drive Right-of-Way
Planning Services Manager Laura Carstens is recommending City Council approval of a
voluntary annexation request for two parcels that comprise a portion Of the right-of-way
for Tanzanite Drive.
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
MEMORANDUM
December 26, 2002
TO:The Honorable Mayor and City Council Members
FROM:Michael C. Van Milligen, City Manager
SUBJECT:Annexation Request - Tanzanite Drive Right-of-Way
Planning Services Manager Laura Carstens is recommending City Council approval of a
voluntary annexation request for two parcels that comprise a portion of the right-of-way
for Tanzanite Drive, and that a public hearing be scheduled for February 3, 2003.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Laura Carstens, Planning Services Manager
MEMORANDUM
December 26, 2002
TO:Michael C. Van Milligen, City Manager
FROM:Laura Carstens, Planning Services Manager
SUBJECT:Annexation Request- Tanzanite Drive Right-of-way
This memo transmits for City Council approval a voluntary annexation request for two
parcels that comprise a portion of the right-of-way for Tanzanite Drive. A resolution
and map are attached.
The two lots total approximately three acres. The City purchased these two lots to
develop the extension of Tanzanite Drive from the Emerald Acres and Alpine Park
developments to relocated Highway 386.
Since the lots are within two miles of the Sageville city limits, the State of Iowa's City
Development Board must approve the request.
To meet the State's notification requirements, staff recommends that the City Council
set the annexation request for a public hearing on Monday, February 3, 2003.
Staff recommends approval of the annexation request after the public hearing.
LC/mkr
Attachments
cc: Mike Koch, Public Works Director
Don Vogt, Operations & Maintenance Manager
EXHIBIT A
Prepared by: Laura Carstens. City Planner Address: City Hall, 50 W. 13th St Telephone: 589-4210
RESOLUTION NO. 41-03
RESOLUTION ANNEXING CERTAIN TERRITORY TO THE CITY OF DUBUQUE,
IOWA
Whereas, the City of Dubuque, property owner, has voluntarily petitioned for annexation
of approximately three acres of property lying outside the corporate limits of the City of
Dubuque, Iowa, as shown in Exhibit A; and
Whereas, the Chapter 386 of the Code of Iowa authorizes the extension of City limits in
situations of this character by adoption of a resolution after notification as required by State
Regulations; and
Whereas, this request has been found to be consistent with the Comprehensive Plan
and the Proposed 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 said property be made a 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 Dubuque, Iowa be and they hereby are
extended to include the property shown in Exhibit A and legally described in Exhibit B.
Section 2. The territory hereby annexed shall become a part of the Thirteenth
Precinct of the Third Ward of the City of Dubuque, Iowa.
Section 3.
voluntary annexation with the State of Iowa in accordance with State Regulations.
3rd February
Passed, approved and adopted this day of 2003.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
That the City Clerk shall file this resolution, all exhibits and the petition for
~~c M an
Mayor
EXHIBIT B - TANZANITE DRIVE RIGHT-OF-WAY
Annexation of two lots legally described as:
1. Lot A of Lot 1 of Lot 2 of Lot 27 in Section 2, T89N, R2E, 5t~ P.M., Dubuque
County, Iowa.
2. Lot A of Lot 2 of Lot 2 of Lot 27 in Section 2, T89N, R2E, 5~h P.M., Dubuque
County, Iowa.
Engineering Disdsion
City Hall
50 West 13th Street
Dubuque. IA 520014864
(563) 5894270 office
[563/5894205 fax
December 18, 2002
Ms. Laura Carstens
City of Dubuque
Planning Services
50 W. 13th Street
Dubuque, IA 52001
RE: Annexation
Dear Laura:
This is a request for annexation of two lots that were purchased in October,
2001, for the extension of Tanzanite Drive from Emerald Acres No. 2 to relocated
Highway 386. The lots were purchased from Harry and Mary Althaus and H&M
Realty and are legally described as:
1. Lot A of Lot I of Lot 2 of Lot 27 in Section 2, Township 89 North,
Range 2 East, 5th P.M., Dubuque County, Iowa
2. Lot A of Lot 2 of Lot 2 of Lot 27 in Section 2, Township 89 N6rth,
Range 2 East, 5th P.M., Dubuque County, Iowa
Said Lot A of Lot 1 of Lot 2 of Lot 27 abuts Emerald Acres No. 2 on the east and
Alpine Park on the south. Said Lot A of Lot 2 of Lot 2 of Lot 27 abuts Alpine Park
on the south. Both properties are comprised of right-of-way for Tanzanite Drive.
t have attached the plats, deeds, affidavits, and road plans for your use. Please
contact me if you have any questions.
Sincerely,
Michael A. Koch
Public Works Director
cc: Don Vogt, Operations & Maintenance
Ronald J. Turner, P.LS.
Attachs.
Service People Integrity Responsibility Innovation Teamwork
12717z01
COUNTY
ACQUISITION PLAT
DUBUQUE PROJEC]' NO. TANZANITE DR. EXTENSION PARCEL NO. 10-02-452-003
SECTION 2 TOWNSHIP 89N R,~N(~E 2E
RIGHT OF WAY: FEE 57072 S,F. EASEMENT 538zr S.F'.(PERM.) 2716 S.F,(TEMP.}
ACQUIRED FROM H ~ M REALTY
LEGAL DESCRIPTION LOT 2-2-27-SEC 2. r89N, R2E OF THE 5TH
L=17.76 TEMPORARY
D ELT'~ 0w'""""""""~'05" EASEMENT
R2E OF THE 5TH P.M.
ACQUISIlloi~
AREA
57072 S,F.
LOT 2-2-27-
SEC. 2, T59N, R2E
OF THE 5TH P.M.
EASEMENT
PT LOT 54-SEC. 2,T89N,
R2E OF THE 5TH P,M.
POINT OF
BEGINNING
(ACQUISH]ON)
LOT 2-5-W ~/2-
NE-SEC. 2 T89N
R2E OF THE 5TH P.M
.ALPINE PAR~.
LOT 1-W 1/2-NE-'~
LEGEN0
TANZANIT~ DR. EXTENSION
DATE PREPARED: 72-5-00
12718z01
ACQUISITION PLAT
COUNTY DUBUQUE PROJECT NO. TANZANITE DR. EXTENSION PARCEL NO. 10-02-452-004
SECTION 2 TOWNSHIP 89N RANGE 2E
RIGHT OF WAY: FEE 78115 S.F. F. ASEMENT ~,8391 $.F.(PERM.)21039 S.F.{TEMP.I
ACQUIRED FROM HARRY J, ~ MARY e. ALTHAU$
LEGAL DESCRIPTION LOT 1-2-27-SEC.
..... ~ - ~ ' ~o~
~1x ~l 3o'1 I ~ POINT OF
R2E Or THE STH P.M, I~ X~
TEMPORARY
EASEMENT
21039 8.F.
LOT 1-2-27
SEC. 2, T89N,
R2E OF THE 5TH P.M.
'ANZANITE DR. EXTENSION
I T89N; R2E OF
TrlE 5TH
PM.
DATE PREPARED: 12-5~00