Voluntary Annexation -City of Dubuque Silver Oaks Pump Station - 8113 Rt. 61 Copyrighted
August 3, 2020
City of Dubuque Public Hearings #4.
City Council Meeting
ITEM TITLE: VoluntaryAnnexation - City of Dubuque Silver Oaks Pump Station - 8113
Rt 61
SUM MARY: Proof of publication on notice of public hearing to consider approval of
the voluntary annexation request filed by the City of Dubuque for
approximately 1.00 acre of property, concurrent with rezoning, located
east of Highway 61 and Cycle Club Lane, and the City Manager
recommending approval.
RESOLUTION Approving an application for VoluntaryAnnexation of
Territory to the City of Dubuque, lowa
SUGGESTED Suggested Disposition: Receive and File;Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
Description Type
Silver Oaks Pump Station Voluntary Anne�tion City Manager Memo
Request-MVM Memo
Staff Memo Staff Memo
Application Supporting Documentation
E�ibit A Anne�tion Map Supporting Documentation
E�ibit B Vicinity Map Supporting Documentation
E�ibit C Supporting Documentation
Staff Report Supporting Documentation
Resolution Resolutions
Proof of Publication Supporting Documentation
Dubuque
THE CITY OF �
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: City of Dubuque Silver Oaks Pump Station - Voluntary Annexation
DATE: July 29, 2020
Planning Services Manager Wally Wernimont recommends City Council approval of a
100% voluntary annexation request filed by the City of Dubuque for approximately 1
acre of property, concurrent with rezoning. The annexation territory is located at 8113
RT 61, which is located on the City's far south side along U.S. Highway 61,
approximately 3/4 mile north of the north entrance to the Dubuque Regional Airport.
The property accommodates a 1,000 square foot pump station, fenced compound and
associated parking with access to US Highway 61.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
�
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Cori Burbach, Assistant City Manager
Wally Wernimont, Planning Services Manager
Dubuque
THE CITY OF �
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TO: Michael C. Van Milligen, City Manager
FROM: Wally Wernimont, Planning Services Manager
SUBJECT: City of Dubuque Silver Oaks Pump Station - Voluntary Annexation
DATE: July 24, 2020
INTRODUCTION
This memorandum transmits a 100% voluntary annexation request for City Council
approval after a public hearing. The request is being filed by the City of Dubuque for
approximately 1 acre of property, concurrent with rezoning. The resolution, maps, and
other supporting documentation is enclosed.
DISCUSSION
The City received an application for voluntary annexation of approximately one-acre of
city owned property currently located in Dubuque County.
The annexation territory is located at 8113 RT 61, which is located on the city's far
south side along U.S. Highway 61, approximately 3/4 mile north of the north entrance to
the Dubuque Regional Airport. The property is a relatively level one-acre lot that
accommodates a 1,000 square foot pump station, fenced compound and associated
parking with access to US Highway 61. The property has over 250 feet of frontage
along the U.S. Highway 61.
On July 1, 2020, the Zoning Advisory Commission approved the request of the City of
Dubuque to rezone the property from County R-2 Single-Family Residential to City R-2
Two-Family Residential in conjunction with annexation.
By lowa Code, the annexation will be approved upon acknowledgement by the
Secretary of State that the legal description, map and resolution have been received.
RECOMMENDATION
Staff recommends the City Council approve the voluntary annexation request at the
August 3, 2020 public hearing. City staff has completed the notifications, certified
mailings, and newspaper publication required by lowa Code as well as the rezoning
public hearing before the Zoning Advisory Commission.
Enclosures
F:\Users\Planning Sec\scans\City Council\Voluntary Annexation-City of Dubuque(Silver Oaks Pump Station)\Memo MVM City of
Dubuque Silver Oaks Pump Station annex approval.doc
Dubuque
THE CTTY OF City of Dubuque
DTT IlhAnenpCiry Planning Services Department
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v JJ Phane: 563-589-4210
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PLANNING APPLICATION FORM
❑Variance ❑Preliminary Plat ❑Simple Subdivision ❑Certificate of Appropriateness
❑Conditional Use Permit ❑Major Final Plat ❑Text Amendment ❑Advisory Design Review(Public Projects)
❑Appeal ❑Minor Final Plat ❑Temporary Use Permit ❑Certificate of Economic Non-Viability
❑Special Exception ❑Simple Site Plan ❑�Annexation ❑Historic Designation
❑Limited Setback Waiver ❑Minor Site Plan ❑Historic Revolving Loan ❑Demolition
❑Rezoning/PUD/ID ❑Major Site Plan ❑Historic Housing Grant ❑Port of Dubuque/Chaplain Schmitt Island
Design Review
Please tvpe or orint leaiblv in ink
ProPertyowner(s):Clty of DUbuque Phone: 563-589-4110
Addre55:50 W. 13th Street �.�, Dubuque state:�P` Z;P:52001
Fax #: Cell #: E-mail:
APPr�a�r�A9e�t: Michael C. Van Milligen, City Manager Phone: 563-589-4110
Add�e55:50 W. 13th Street �.ty Dubuque srare: lA Z.p 52001
FaX #: ceu #: E-ma�e ctymgr@cityofdubuque.org
Site location address:8113 RT 6�
/ Neighborhood Association: N�A
Existing zoning: N/A Proposed zoning:N/A District:N/A Landmark: ❑ Yes ❑0 No
Legal Description (Sidwell parcel ID# or lot number/block number/subdivision);LOt 1 SIIV2f �BkS (15.23.45�.005�
Total property Qot) area (square feet or acres): � ACre
Describe proposal and reason necessary(attach a letter of explanation, if needed):
To annex city owned property into the corporate limits of the City of Dubuque.
CERTIFICATION: I/we, the undersigned, do hereby certify/acknowledge that:
1.It is the property owner's responsibility to locate property lines and to review the abstract for easements and restridive
covenants.
2.The information submitted herein is true and correct to the best of my/our knowledge and upon submittal becomes public
record;
3. Fees are not refundable and payment does not guarantee approval; and
4. All additional required written and graphic materials are attached.
Property Owner(s): Date:
Applicant/Agent: J!��,� �,� /%��(,C�R/j�� Date: V!� ZZ ' 7�`�p
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FOR OFFICE USE ONLY—APPLICATIO UBMITT ECKLIST
Fee: N�A Received b : Date:� �'�Docket:
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EXHIBIT C
The legal description of the proposed annexation territory is:
Lot 1 Silver Oaks, in Dubuque County, lowa
ANNEXATION STAFF REPORT Council Agenda: August 3, 2020
Property Address: 8113 Rt 61, Lot 1 Silver Oaks
Property Owner: City of Dubuque
Applicant: City of Dubuque
Proposed Land Use: Public Utility Proposed Zoning: City R-2
Existing Land Use: Public Utility Existing Zoning: County R-2
Adjacent Land Use: North —Agricultural Adjacent Zoning: North — R-2
East—Agricultural East — R-2
South —Agricultural South — County R-2
West— US Highway 61 right-of-way West—AG
Former Zoning: 1934 — County; 1975 — County
1985 — County Total Area: 1.00 acre
Flood Plain: N/A
City Services Provided:
Water: The subject property contains the City of Dubuque Water Pumping Station
Sanitary Sewer: Sanitary Sewer is available along Elmwood Dr right-of-way and
may be extended to this lot when the adjacent residential subdivision is developed
Storm Sewer: Storm Sewer is available along Elmwood Dr Right-of-Way
Existing Street Access: Highway 61
Other Services: Police, Fire, trash collection and emergency response
Purpose/Reason for Annexation: The City of Dubuque proposes to annex this City-
owned parcel, which houses a pump station, into the City of Dubuque corporate limits.
Property History: The City of Dubuque purchased the subject property in 2015 from the
Royal Oaks Development Corp for the development of a pump house to distribute water
to the airport and surrounding property.
Physical Characteristics: The subject property is located east of Highway 61. The
property consists of one platted lot that contains a cut faced concrete block building and
fenced compound. The building house water pumping equipment.
The City of Dubuque is in the process of applying to rezone the property to City R-2
Two-Family Residential concurrent with annexation.
Annexation Staff Report— 8113 Rt 61 — Lot 1 Silver Oaks Page 2
Imagine Dubuque Comprehensive Plan Recommendations:
Institutional — Support essential public facilities and services for future growth and
ensure that everyone in the community has equitable access to these services.
Future Land Use Map — Single-Family Residential.
Impact of Request on:
Utilities: City water is pumped by this facility to the airport along the Highway 61
corridor. There are two hydrants at this property.
Traffic Patterns/Counts: IDOT traffic counts indicate over 17,000 vehicle trips per
day along U.S. Highway 61 north of the subject property. The pump station will
generate very little vehicular traffic.
Public Services: Existing public services are adequate to serve the site.
Environment: Staff does not anticipate any adverse impact to the environment
provided that any future development of the property complies with
established City standards for storm water management and erosion control.
Adjacent Properties: The proposed rezoning will not alter the current land use and
will have little impact on the adjacent properties.
CIP Investments: None proposed.
Staff Analysis: The City received an application for voluntary annexation of
approximately one-acre of city owned property currently located in Dubuque County.
The property is located on the city's far south side along U.S. Highway 61 approximately
3/4 mile north of the north entrance to the Dubuque Regional Airport. The property is a
relatively level one-acre lot that accommodates a 1,000 square foot pump station and
associated parking with access to US Highway 61. The property has over 250 feet of
frontage along the U.S. Highway 61.
The applicant has requested rezoning the subject property from County R-2 Residential
to City R-2 Two-Family Residential in conjunction with annexation to the City of
Dubuque. The rezoning was approved by the City's Zoning Advisory Commission on
July 1, 2020. In addition to this property, adjacent properties are proposed to be
annexed. The annexation of those properties would surround the subject property and
make an island of county property. This annexation must be approved to comply with
lowa Code prohibiting the creation of an unannexed island.
The subject property is part of Area E of the Annexation Analysis. This study provides a
cost/benefit analysis of 23 potential growth areas around the city of Dubuque.
Annexation Staff Report— 8113 Rt 61 — Lot 1 Silver Oaks Page 3
This annexation is consistent with the Imagine Dubuque Comprehensive Plan. The City
of Dubuque uses this facility to increase its capacity to provide substantial municipal
services to the annexation territory. By lowa Code, annexation will be considered
complete upon acknowledgement by the Secretary of State that the legal description,
map, and resolution have been received
The application, resolution, and other supporting documents are attached.
The City of Dubuque's analysis of the proposed annexation territory is consistent with
the following:
Imagine Dubuque Comprehensive Plan Recommendations:
Land Use — Institutional — Support essential public facilities and services for future
growth and ensure that everyone in the community has equitable access to these
services.
lowa Smart Planning Principles
9. Sustainable Design — Planning, zoning, development, and resource
management should promote developments, buildings, and infrastructure that
utilize sustainable design and construction standards and conserve natural
resources by reducing waste and pollution through efficient use of land, energy,
water, air, and materials.
Staff recommends City Council approval of the voluntary annexation request.
Prepared by: �����•��`����• �� '��� �� Reviewe . ate: June 24, 2020
STATE OF IOWA SS: �
DUBUQUE COUNTY ,�
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CERTIFICATE OF PUBLICATION ��
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I, Kathy Goetzinger, a Billing Clerk for Woodward �
Communications, Inc., an Iowa corparation, publisher �,��
of the Telegraph Herald, a newspaper of general i'
circulation published in the City of Dubuque, County ;
of Dubuque and State of Iowa; hereby certify that the
attached notice was published in said newspaper on the
following dates: 1
I
07/10/2020
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and for which the charge is 41,36 '{
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Subscribed to before me, a Notary Public in an r
Dubuque County, Iowa,
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this 10th day of July,�2020 �
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Notary i blic in and for Dubuque County, Iowa. �
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Ad text : CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
NOTICE OF PUBLIC HEARING I
NOTICE IS HEREBY GIVEN that the City Council of Dubuque,
Iowa will hold a public hearing on a voluntary annexation
request by: �
City of Dubuque for the voluntary annexation of 1.00 acre of �
property. This parcel addressed as 8113 Rt 61 is located east
of Highway 61 and south of Cycle Club Lane. ��
The public hearing will be held: I�;
DATE: Monday, August 3, 2020 h
TIME: 6:30 p.m.
PLACE: Please join the meeting from a computer, tablet or
smartphone.
https://global.gotomeeting.com/join/732084405 �
You can also dial in using your phone.
(For supported devices, tap a one-touch number below to join �
instantly.) ��
United States (Toll Free): 1 866 899 4679 '
-One-touch: tel:+18668994679„732084405# I,�
United States: +1 (646)749-3117 ii
-One-touch: tel:+16467493117„732084405# '�i
Access Code: 732-084-405 • �j
If you are new to GoToMeeting, please visit: j
https://global.gotomeeting.com/install/732084405 ;
The legal description of the City of Dubuque proposed li
annexation territory is:
Lot 1 Silver Oaks, in Dubuque County, Iowa: and !r
Due to the ongoing COVID-19 pandemic, the City Council wi11 �;
meet virtually through GoToMeeting. The official agenda will j
be posted on July 17, 2020 and will contain location, 4
listening, viewing, and public input options. The City Council I,
agenda can be accessed at �
https://cityofdubuque.novusagenda.com/AgendaPublic/
The legal description of the Spiegel Family Realty, LLC �
proposed annexation territory is: h
Lot 1 Silver Oaks No. 2, in Dubuque County, Iowa: and �
Lot 1 of 2 of the Division of Lot 2 of the SW 1/4 of the SE ';�
1/4, Section 23, T88N, R2E of the 5th P.M., Dubuque County �'
Iowa containing 0.60 acres �
At the meeting, the City Council will receive oral and
written comments from any resident or property owner of said �
City to the above action. Written comments regarding the above
public hearing may be submitted to the City Clerk's Office,
City Hall, 50 W. 13th Street, on or before said time of public
hearing, or through ctyclerkG�cityofdubuque.org.
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.
Individuals with limited English proficiency, vision,
hearing or speech impairments requiring special assistance
should contact the City Clerk's Office at(563) 589-4100, TDD
(563) 690-6678, ctyclerk@cityofdubuque.org as soon as
feasible. Deaf or hard-of-hearing individuals can use Relay
Iowa by dialing 711 or(800) 735-2942.
Kevin S. Firnstahl,
CMC City Clerk
lt 7/10
1111 II'611INh11VVN
V
Doc ID: 010574850006
Kind: ANNEXATION
Recorded: 09/18/2020
Fee Amt: $32.00 Page
Dubuque County Iowa
John Murphy Recorder
Fi1e2O20-00014180
SIN
0
iu
RECORDER'S COVER SHEET
FOR
CITY OF DUBUQUE
Voluntary Annexation into the City of Dubuque
City of Dubuque, Iowa
Type: GEN
at 03:48:00.1 PM
1 of 6
Preparer Information:
Prepared by Wally Wernimont, City of Dubuque Planning Services, 50 W. 13th Street,
Dubuque, IA 52001, 563-589-4210
Taxpayer Information:
City of Dubuque
c/o Jennifer Larson, Director of Finance and Budget
50 w. 13th Street
Dubuque, IA 52001
563-589-4322
Return Document To:
Kevin S. Firnstahl, City Clerk, 50 W. 13th St., Dubuque, IA 52001
563-589-4100
Legal Description: Lot 1 Silver Oaks, in Dubuque County, Iowa (15.23.451.005)
Grantors:
Grantees:
City of Dubuque, Iowa
50 W. 13th Street
Dubuque, IA 52001
City of Dubuque, Iowa
50 W. 13th Street
Dubuque, IA 52001
Previously recorded documents: N/A
3200
( City Planning
Prepared by: Wally Wernimont, City Planner Address: City Hall 50 W. 13th St Telephone: 589-4210
Return to: Kevin Firnstahl, City Clerk Address: City Hall, 50 W. 13th St. Telephone: 589-4121
RESOLUTION NO. 240-20
RESOLUTION APPROVING 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 the City of
Dubuque for the voluntary annexation of 1 acre of property. This parcel is addressed as
8113 Rt 61 and is located east of Highway 61 and Cycle Club Lane as shown on Exhibit A
and legally described as:
Lot 1 Silver Oaks, in Dubuque County, Iowa; and
Whereas, the annexation territory is not subject to an existing annexation moratorium
agreement and does not include any State or railroad 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:
Section 1. That the application for the voluntary annexation of property owned by the
City of Dubuque consisting of 1 acre with connection to the city of Dubuque as shown on
Exhibit A and legally described as:
Lot 1 Silver Oaks, in Dubuque County, Iowa;
is hereby approved for annexation to the City of Dubuque.
Section 2. That subject to the acknowledgement by the Secretary of State that the legal
description, map and resolution have been received, the corporate limits of the City of
Dubuque be and they hereby extended to include the 1 acre of property as shown on
Exhibit A.
Resolution No. 240-20
Page 2
Section 3. That the City Council does .hereby certify that the City of Dubuque has
complied with the notice and hearing requirements of the Iowa Code pertaining to 100%
voluntary annexation of territory not in urbanized area of another city.
Section 4. That the territory hereby annexed shall become a part of Ward One of the City
of Dubuque.
Section 5. That the City Clerk shall file this resolution, all exhibits and the applications for
voluntary annexation with the Secretary of State in accordance with the provisions of
Chapter 368 of the Iowa Code.
Passed, approved and adopted this 3rd day of August 2020.
Roy D. Buol, Mayor
Attest:
Kevin S. Firnstahl, City ierk
F:\Users\Planning Sec\scans\City Council\Voluntary Annexation - City of Dubuque (Silver Oaks Pump Station)\Resolution - City of
Dubuque Silver Oaks Pump Station annexation 2020.doc
Dubuque
THE CITY OF �+
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City of Dubuque '�
SILVER OAKS CT
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Owner: City of Dubuque;
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Description: Lot 1 Silver Oaks
1523451005 (15.23.451.005)
Acreage: 1.00
�City limits
Annexation Boundary
Parcels
v DISCLAIMER:This information was compiled using the
�Q Dubuque Area Geographic Information System(DAGIS),which N
� includes data created by both the City of Dubuque and �
�. Dubuque County. It is understood that,while the City of
Q Dubuque and participating agencies utilized the most current
n and accurate information available,DAGIS and its suppliers do
� not warrant the accurecy or currency of the information or data
r contained herein. The City and participating agencies shall not
m be held liable for any direct,indirect,incidental,consequential,
n punitive,or special damages,whether foreseeable or
250 500 1,000 r� unforeseeable,arising out of the authorized or unauthorized �:6,���
use of this data or the inability to use this data or out of any
Feet 2 breach of warranty whatsoever.
STATE OF IOWA
CERTIFICATE of the CITY CLERK
) SS:
COUNTY OF DUBUQUE )
I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk
of the City of Dubuque, Iowa, in the County aforesaid, and as such City 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. 240-20 is a true and correct
copy of the original.
In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque,
Iowa.
Dated at Dubuque, Iowa, on this 17th day of September, 2020.
Kev)fi S. Firnstahl, CC, City Clerk
PAUL D. PATE
SECRETARY OF STATE
September 4, 2020
Kevin Firnstahl
City of Dubuque
50W13thSt
Dubuque, IA 52001
Re: Res 239-20 & 240-20
Dear Mr. Firnstahl,
LUCAS BUILDING
DES MOINES, IOWA 50319
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You are hereby notified that the resolutions, plat maps, and legal descriptions pertaining to the voluntary
annexations of territory to Dubuque, which were approved by the city August 3rd, 2020 have been received
and filed by this office as required by Iowa Code section § 368.7. You may consider these annexations filed.
In accordance with § 368.1(15) and § 368.7A the territories extend to the center line of all secondary roads
adjacent to the above described properties.
Iowa Code 312.3(4) requires the mayor and city council to certify the population of any annexed territory, as
determined by the last certified federal census, to the treasurer of state in order for apportionment of street
construction funds to be adjusted.
Please review your city's precinct ordinance (if any) and confer with your county auditor to ensure these
territories are assigned to the correct election precinct and/or ward (if any).
If you have questions or concerns about this communication, please let me know.
Sincerely,
Melanie Shellenberger
Iowa Secretary of State's Office
321 E. 12th St.
Des Moines, 1A 50315
Melanie.Shellenberger@sos.iowa.gov
Cc: Annexations, Iowa Department of Transportation
Matt Rasmussen, City Development Board Administrator
Phone 515-281-5204 Fax 515-242-595
sos@sos.iowa.gov
sos.iowa.gov iowa.gov