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Recommendation in Response to City of Sageville Annexation ProposalCity of Dubuque City Council Meeting Consent Items # 9. Copyrighted May 3, 2021 ITEM TITLE: Recommendation in Response to City of Sageville Annexation Proposal SUMMARY: City Manager transmitting information about the City of Sageville annexation history and recommends that the City Council direct the City Manager to forward this information onto the City Development Review Board. It is further recommended, regarding the most recent annexation request from the Sageville City Clerk/Treasurer, that the City of Dubuque take a neutral position (neither for nor against) the proposed annexation. SUGGESTED Suggested Disposition: Receive and File; Approve DISPOSITION: ATTACHMENTS: Description Recommendation in Response to City of Sageville Annexation Proposal-MVM Memo Staff Memo Correspondence from the City of Sageville, Iowa Location Map Dubuque 2-Mile Buffer Map 100% Voluntary Annexation Urbanized Area Process Attachment A -ARC 79-1 Sageville 1979 Voluntary Annexation Request Attachment B - 8-80 Sageville 1980 Voluntary Annexation Request Attachment C - UA03-33 Sageville 2003 Voluntary Annexation Request Attachment D - UA05-28 2005 Voluntary Annexation Request Type City Manager Memo Staff Memo Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation July 2011 Aerial Map Supporting Documentation THE C Dubuque DUUB-.-*.-TE *Awiu Ciq 1I. ' I�� iece on the Mississippi Masterpiece PP zoo�•zoi 2-2013 zoi7*2019oi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Recommendation in Response to City of Sageville Annexation Proposal DATE: April 27, 2021 Planning Services Manager Wally Wernimont is transmitting information about the City of Sageville annexation history and recommends that the City Council direct the City Manager to forward this information onto the City Development Review Board with the intention to inform new Board members of past Sageville annexation requests and current site conditions. It is further recommended, regarding the most recent annexation request from the Sageville City Clerk/Treasurer, that due to the lack of development potential of the site and the fact that the City of Sageville owns 98% of the property, the City of Dubuque take a neutral position (neither for nor against) the proposed annexation. I concur with the recommendation and respectfully request Mayor and City Council approval. v Mic ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Wally Wernimont, Planning Services Manager THE CITY OF DUB E-E Masterpiece on the Mississippi TO: Michael C. Van Milligen FROM: Wally Wernimont, Planning Services Manage DATE: April 24, 2021 Dubuque All•Meri�pll 2007-2012.2013 2017*2019 RE: Recommendation in Response to City of Sageville Annexation Proposal INTRODUCTION The purpose of this memo is to provide information about the City of Sageville Annexation History. This is prompted by the recent letter from the City of Sageville stating their intent to annex property into the corporate limits of the City of Sageville. BACKGROUND The City of Dubuque received a letter from the Sageville City Clerk/Treasurer noting the City of Sageville has received two applications for annexing property into the corporate limits of Sageville. The first application involves the City of Sageville voluntarily annexing land owned by the City of Sageville. The following properties are all located in Section 34, Township 90 North, Range 2 East of the 5t" P.M. according to the recorded plats thereof: Lot 16 in Sageville Farm 9.00 Acres Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 6 33.32 Acres Lot 1 of Lot 2 of Lot 1 A 0.50 Acres Total Acres 42.82 Acres All of the before mentioned properties were acquired in a multi -parcel purchase from Moonlit Beaches Investments, LLC to the City of Sageville on October 15, 2014. These lots consist of cropland, floodplain and steep forested bluffs. The Little Maquoketa River and Bloody Run Creek flow through the lots. Because of this, approximately 37 acres of the 42.82 acres are located in the 100-year regulatory floodplain of which 19 acres are designated Floodway (see attached Location Map). The five acres located outside of the flood plain are mainly part of a bluff with an approximate 174' grade change at an approximate 45% slope percentage. The second application involves a voluntary annexation from Richard Strohmeyer for the property located at 11506 Leiser Lane and is composed of the following lots located in Section 34, Township 90 North, Range 2 East of the 5t" P.M. according to the recorded plats thereof: Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 6 0.24 Acres Lot 2 of Lot 1 of Lot 1 of Lot 6 0.70 Acres Total Acres 0.94 Acres This property involves an approximate 47' wide x 321' long strip of land surrounded by the City of Sageville corporate limits on the east, north and west sides. The lot appears to bisect the single-family home (11506 Leiser Lane) placing a portion of the house in the corporate limits of Sageville and the other portion in Dubuque County. If the City of Sageville were to annex the property owned by Sageville, the property owned by Mr. Strohmeyer would create an island of county surrounded by the city. This is not permissible by Iowa Code. Therefore, Mr. Strohmeyer is requesting voluntary annexation to the City of Sageville to avoid creation of an island. Iowa Code Chapter 368 City Development is the regulating statue when it comes to annexation requests. The proposed annexation requests are considered 100% Voluntary Annexations in an Urbanized Area. Chapter 368 defines urbanized area as: "Urbanized area" means any area of land within two miles of the boundaries of a city. Because the proposed annexation area is located within two miles of the City of Dubuque (see Dubuque 2-Mile Buffer Map), the City of Sageville is required by state law to notify the City of Dubuque (and others) of its intentions to annex property. In addition, the City Development Board will hold a public hearing on the proposed annexation request. I have attached a handout entitled, "100% VOLUNTARY ANNEXATION IN AN URBANIZED AREA" which lays outs out the annexation process. The City Development Board (CDB) is composed of five members appointed by the governor subject to confirmation by the senate. The CDB acts on petitions for annexations. After the CDB holds a public hearing, the CDB will determine whether to approve or deny the annexation by stating their findings in writing. DISCUSSION The City of Sageville has in the past requested several times to annex property into their corporate limits. The following is a list of these annexation requests along with supporting documentation which are attached this memo. City of Sageville Annexation No. ARC-1 (see attachment A) This involved a voluntary annexation request from a property owner located in an urbanized area. The total requested amount of area to annexed was 18 acres and was located south of Kennedy Road and adjacent western edge of the Sageville City Limits. 2 On July 16, 1979, the Dubuque City Council received and filed a communication from the City Development Board Administrator submitting a certification dismissing the voluntary annexation petition submitted by the City of Sageville. City of Sageville Annexation No.08-80 (see attachment B) This involved a voluntary annexation request from a property owner located in an urbanized area. The total requested amount of area to annexed was 1.504 acres and was located immediately south of 10537 Rt 3 on the southern edge of the Sageville City Limits. On November 3, 1980, the Dubuque City Council received and filed a communication from the City Development Board advising of dismissal of the voluntary annexation petition submitted by the City of Sageville. City of Sageville Annexation No. UA03-33 (see attachment C) This involved a voluntary annexation request from five property owners located in an urbanized area. The total requested amount of area to annexed was 46.1 acres located north of Collision Drive and Kennedy Road. On August 8, 2003, the Board found that the City of Sageville was not providing an urban level of municipal services to the current citizens and had no plans to provide them to the annexation territory. The City Development Board denied the voluntary annexation finding that the annexation was not in the public interest. City of Sageville Annexation No. UA05-28 (see attachment D) This involved a voluntary annexation request from three property owners located in an urbanized area. The total requested amount of area to annexed was 18.46 acres and was located north of Collision Drive and Kennedy Road. On August 26, 2005, the City Development Board denied the voluntary annexation finding that the annexation was not in the public interest. The City of Dubuque has objected to the previous Sageville annexation requests for the following reasons: The annexation(s) were not in the public interest because Sageville provides no municipal services and has no intention or reasonable expectation of providing municipal services to the applicants. ■ Sageville levies no property taxes. ■ Has only one employee (a part time clerk/treasurer) ■ Has no sanitary sewer system or plans or means to provide for a sanitary sewer system. ■ Has no storm water sewer system or plans or means to provide for a storm water system. ■ Has no water system or plans or means to provide for a municipal water system (all properties are on wells) ■ Has no independent law enforcement (Sageville contracts with the Dubuque County Sheriff pursuant to a 28E agreement). ■ Does not have its own volunteer fire department. 3 ■ Has no public road improvement or maintenance program (and what public road services it provides are pursuant to a 28E Agreement with Dubuque County). ■ Has no comprehensive plan for its future growth or development. ■ Has no professional planning staff, public works staff, library, zoning code or building code enforcement, public recreation program, street lighting, building inspections or zoning. ■ Has no capital improvement program to provide municipal services to its citizens. The previous annexation(s) were not in the public interest because it is not the result of any planned growth within Sageville. ■ The City of Sageville does not have a comprehensive plan. ■ Sageville has a declining population. 1970 PopulationYear 338 1980 291 1990 288 2000 203 2010 122 2019 101 The previous annexation(s) were also not in the public interest because its true purposes are preemptive to avoid urbanization, to maintain the rural status quo and to preserve minimal taxes for the applicants. The previous annexation(s) were also not in the public interest because it is within Dubuque's fringe area and its urbanized growth and development would be served by Dubuque. Annexation Area Development Potential The proposed annexation area owned by Sageville would be difficult to develop. Over 87% of the area is floodplain of which 52% is a regulatory floodway. The Federal Emergency Management Agency (FEMA), defines a regulatory floodway as: "Regulatory Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. What is the difference between a floodplain and a floodway? A floodplain is comprised of the floodway and the floodway fringe. The floodway includes the channel and adjacent overbank areas necessary to effectively convey floodwaters. The floodway must remain open in order to allow flood waters to pass. Development is typically not allowed in the floodway. FEMA defines development as: CI "Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. This area has had a significant history of flooding and with the frequency and intensity of storm events any development in the area is not encourage. I have attached a July 2011 aerial photo of the proposed annexation area. This photo captures the impact of flooding the day after a significant storm event. Of the remaining 13% of land area that is not flood plain/floodway,11 % is a steep (45% slope percentage) forested bluff. Development of this area would be difficult due to topography. As stated previously, if the land owned by Sageville is annexed, Mr. Strohmeyer's property would become an island of county surrounded by the city which is not permissible by Iowa Code. This property would need to be annexed as well. I contacted the City Development Board Staff via email and followed up with a phone call to verify the following question: When municipalities request annexation of land owned by the municipality in an urbanized area, are these typically approved? CDB Staff responded, "If it is 100% Voluntary Annexation request, yes, these are typically approved by the City Development Board." RECOMMENDATION I recommend that the City Council direct the City Manager to forward this information onto the City Development Review Board with the intention to inform new Board members of past Sageville annexation requests and current site conditions. I also recommend that due to the lack of development potential of the site and the fact that the City of Sageville owns 98% of the property, the City of Dubuque take a neutral position (neither for nor against) the proposed annexation. Thank you. Enclosure '67 CITY OF f -' I E: C'3: 1 E LL, P.O, Box 3313 Dubuque, Iowa 52004-3313 R , 12 N 11: 09 OffielF, April 5, 2021 City of Dubuque 50 W 13'h Street Dubuque IA 52001 Mayor Buol and the Dubuque City Council Members, Enclosed please find two applications and mans drawn up by the Mayor and City Council for the City Of Sageville stating the intent to annex city owned property into the City of Sageville, Iowa and a parcel owned by Robert Strohmeyer also asking to be annexed into the City of Sageville, Iowa to prevent an island of his property being created. - Please note the City Council for the City of Sageville will be holding a public hearing on Monday, May 3, 2021 at 6:00 p.m. at Eichman's Restaurant located in the City of Sageville at the intersection of Hwy 3 and Sherrill Road. At that time we will be hearing verbal and written comments in favor of or against the said annexation. Irnmediately following th.e closing of the public hearing a resolution will be presented to the council members to vote to approve or deny the annexation. Thank you for your time. Sincerely, !hdtj"-J' bel, CMC (-"ity Clerk/Treasurer City of Sageville Mayor and City Council, I am asking for a voluntary annexation. There is a piece of my parcel that for some reason is not in the city limits, it is in the county. I would like to have this corrected so all my property is within the city of Sageville. This is described as Lot 2-1-1-1-1-6 and Lot 2-1-1-6 of the SEI/4 Section 34-90N-2E A map is included. I am asking for a voluntary annexation. Thank you. Richard Stroh�neyer 11506 Leiser Lane Dubuque IA 52002 November 16, 2020 RE: Proposed annexation The City of Sageville is requesting a voluntary annexation of the below described property into ` the city limits of the City of Sageville, Iowa. Legal Description: Lot 16 in "Farm at Sageville the property of Lincoln Clark" also described as Lot 16 in "Sageville Farm". Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lotl of Lot 6, and Lot 2 of Lot 1 of Lot 1 of Lot 2 of Lot 1 "A" both of the South East 1/4. All in Section 34, Township 90 North, Range 2 East of the 5t1' P.M. according to the recorded plats thereof Map is enclosed. Dated this 16t1' day of November, 2020 Way -de KKenniker, Mayor 1VliltEichmiff , Council uth Esser -Recker, Co cil 'beryl Hird, Council,,,. Sam in Schmitt, Council Inset Map 11536 -Itv of Dubupue, lA LEGEND CProperty Owned by Richard Strohmeyer Property Owned by Sageville in the County ® Sageville Corporate Boundaries Flood Zone 100 Year FloodPlain (Zone AE) Floodway 500 250 0 NIS 101-1— o�1IN.�NEN . �E��r� s°�orwaAAA�r �`E��A nioaN HE NFOPNIAi ON of oATAmNiA rvEO HENEIN. N.�Eo,iN=N,orvMAioN.iNEI>sENA�aEE=.NE�,., "E '1n"=ae� rL"' E, Wr LEGEND Property Owned by Richard Strohmeyer C Property Owned by Sageville in the County Dubuque Corporate Boundaries ® Sageville Corporate Boundaries Dubuque 2-Mile Buffer 5,250 SAG VILLE AN EXATION REQUEST Dubuque 2-Mile Buffer g.: Gw - -------- — y 2,625 0 5,250 F,ei . oUBUCTEa�now' a n �L 'HEE nT� ="�orwAA anr.RATE H To HE—U ` a.USEo °HE"NFOA° QN,TH USERA�"ES'HEC;;I' oa nropEn E�of��AAE, °:oER°�='�E, 100% VOLUNTARY ANNEXATION IN AN URBANIZED AREA The City Development Board provides this summary for general informational purposes only and is not intended to serve as a precise statement oflowa law concerning boundary adjustments. For further information, review Iowa Code chapter 368 and the City Development Board's rules contained in the Iowa Administrative Code. Should you have legal questions concerning the boundary adjustment process, including annexations, city personnel are strongly encouraged to contact their City Attorney. 1. City receives application(s) for annexation from all property owners of land in territory adjoining the city and that territory is within two miles of a city other than the city to which the annexation is directed. See Iowa Code section 368.7(3). 2. At least 14 business days prior to any action by the city council on the application(s), the city shall by Certified Mail, provide notice of the application to: a. Cities whose boundary adjoin the territory or that are within two miles of the territory; b. Each affected public utility; c. The Board of Supervisors of each county containing a portion of the territory; and d. The regional planning authority for the territory. See Iowa Code section 368.7(3). 3. At least 10 business days prior to any action by the city council on an application the city provides published notice of application and pending council action in an official county newspaper of each county that contains a portion of the territory. See Iowa Code section 368.7(3). 4. Prior to city council action, the city must provide a copy of the landowners' application(s) and the legal description of the entire annexation territory to the county auditor with a request that the auditor verify the accuracy and completeness of the legal description and verify current ownership of the parcel(s) involved. See Iowa Administrative Code r. 263-7.2(2)(d). 5. If city council approves the annexation by resolution the city forwards the annexation proposal to the City Development Board. A city must file one original and 8 copies of its request and all supporting documentation. Materials to be submitted to the Board include: a. Applications of the owners; b. City council resolution approving the annexation; c. Map of the territory- CLEARLY showing the entire boundary of the existing city, the entire annexation territory, adjacent roadways, the relationship of the territory to the annexing city and the relationship of the territory to the neighboring city or cities. More than one map may be submitted if necessary to provide all of the required information to the Board. Board prefers color aerial map as well that clearly shows same. d. Legal description of the territory including calculations of the total number of acres being annexed. e. Copies of notices and publications; f. Summary of the reasons for the annexation, current and proposed land uses in the territory, and services that will be provided to the territory. Additionally, a statement indicating whether the city has applied smart planning principles to the territory and, if applicable, a description of how the city has applied, or intends to apply, smart planning principles. An optional tool for consideration of smart planning principles is offered by Iowa State University at: http://blogs.extension.iastate.edu/planningBLUZ/files/2010/07/Annexation-Checklist.pdf g. Auditor's verification of ownership and legal description for each property within the proposed annexation territory. h. A statement indicating whether the territory is subject to an existing moratorium agreement, and if so whether the proposed annexation is consistent with the terms of the agreement. i. 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. j. 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). See Iowa Code section 368.7 and Iowa Administrative Code r. 263-7.7(2). 6. City Development Board considers the annexation proposal at the first board meeting conducted 31 days or more after the filing of the request. a. The Board provides notice of its consideration of the annexation proposal. b. Input on the proposal is received by the Board. c. The Board approves or denies the proposal and issues its written ruling. 7. If the annexation is approved and no appeal is filed within 30 days of the issuance of the written ruling, the Board files and records documents to complete the annexation. PLEASE NOTE: Pursuant to Section 312.3(4) Iowa Code, the Mayor and Council are required to certify to the State Treasurer the actual population of the annexed area as determined by the last federal census of that area. The certification should be sent to: Treasurer of the State of Iowa, c/o RUT Acctg, 1st Floor Lucas State Office Building, 321 E. 12th Street, Des Moines, IA 50319. SPLp cw Seeeka, Jdy 16, 1979 m ATTESD Lea r. E --- t It City Oerk Owwril NWmher T Lly mu, d Lien Cc the FGeoulUu . See er Cxmdl NWmher bWren. CurW by Ow follwingv*A; Ynat—J&yerr WeKAergec, Cm mr11 Menber% E wlly, Farrell, Kkq. Tully, N —Nme, WMPElkS, Appliratioaa for Llquar Limases} have beam eubFmUcd to tlia (�bmrdL tar apprawaiL and the amne have bama vxnmtiwd imd ayimed; aad WHEREAS, The pmeroivAs to ba owed by such applicamis *era in q tcd and &wLd to omoy with the Iftatc kAw and PIL aty Qrvtlmamrxs rGlerreL &herald end tlbey haee fLW proper boobi NOW 111EW7M Lam: IT F%- �OLVm— Py the OLx C'mwJ] of dhe OLy t4 Dulnuquu�, LrwiL. that the mwsg- er be autboroW to eau a t* be imumd W theEdlowing i3outod applkwda s Ugww Lieem¢@- -(IASS -C- [ jNI-41. } E,F FM AND L.IQLfL1R ]J F.th SE FACT da Revelk 2776 Jitkam ]Prrodtetll Eate pdaeo, lhre, 20MI I NWkm L NEKy Beet. &w, dOd�1151 e.;rF1 (A]v Sumdmy '.�W"I F'a�+�ud, a,dupWl anA appraved thlo. 1&lh day of JLOY, I r7D, Richard 'di''eN be r gar A'Isyor Thwoaa X. Wlv. dr_ f), 1`chiuA YLULg ,lances &13mq ckrc xm Fmnall VD� tilers AT4'WF iAN3 F. R-a E At City {lerk [eared Member 7h4 nw vad Dui tiara of the Re AIL]tWr $KWd4•d 4y '{ mr.wil Momtmr F'rirc► . {kttled by Lhm &ifnwlrLg vim Y,?w—h1a}w wL-m&ergerr ccwbr7 b&ukL•ers l ady, Farraa, IUvtg. TtdilL)r, Nay- ttianm Cemmwirimlim of GAy D mlu"mt KKLixL kleuinNLraW xubrndWmg a certr I]Lc�tdwL dLmytiL;AW IT* voluntary Hmoxat m peliduc aubmRted by the Uit�r 4f evif R. Fucmnted and rrad, {'+vud7laI hlrmhrr'1idLy mlawkd Laval ihdz eammt,ndratba Ue reeeMA and tiled, wecomkd by (�minA hisrd*r FmoeO- (�Nmod by ch,: fpflnwing vae-- Yem—mayar Werubarger, Coma Neernbers Erady, FumIL, King. TWb'. Ki�,a,�y,�e.�—,.,N,.a,,cr�ey�,�, 0ffM �u�.nWUUo 4f P)mFlPiTi[ & Z99tiKg a& i 9 of a pwbEe bB&W to be held an August 1. IM aL d P.M. Ftft H gwwLc" rllalve to arrusdddments to Lhip. 7,bmdnq OnthLante which wauM place floor area Em A&tWm on bars and taservs in GI & C-r 0mr wrrigJ DLmh- E, presnwcd wd nmf- Ommril Mmber' 1t1T ly maylA Lbot Or mmornuwi- oKL *a Im rtwapL-Yrd wk iLLed- &aaan&d by Cadman f&mLber Farrep, Cam Ied by the fa&)winging vote, Yeas^--M nor ' r, MMLI >wkMbar¢ may, F�reJ� C TgAY_ Nk"—NtrLe- Copy of awn mrucatmrk fr(m Aderel D pertni mL of Tramepocatiom to Air- port Managem, EL&ua ;het ;ho FAA has affAally d> ne nanWMY Ut M A fa;ur-: rw vfw ip MhNT& nr. ,nth "rt lAt Fl fm appdw *d uember, IRT6 lAlrpwt L*nler to Uou:d a✓<SupervIvan ffum hrrdl. promoted udd read, l N&Le bo TlAy W*V4d that Lhe aNmn m imlan be remLved and filed. Secomdod by OoLmed Member Farrell. Ca,rLed by Lhe fAowing vote; 'r, (�ILW ] hiorib". Rr#dx, F"r ICkW. T d Gy- NayN—Nem. ME*+fCPI'El3 9UBR$9` 13 -Duck r'.amdm"Sa m Of 6-7-�9, Jl9 d $r AimpjrL Coft&mOm or 6-25 A i&m F muig Eased of Adpwtmmu of 15-31, AdtrYla9lawe Study Task Fatie of 745, 11prnRrn IbR+AN Caxrudtlaaton od 5-19 $ 5 1?; Ha�Laln 'rnrudludon of T-B, Qra- aerated and read_ IbiatfAWrnhW Tdlly ronvzd that the mm tm-% he h'mwed dad mad, Seamded by Comp Member Farrvl- Carriad by the talLawumtLgg YoEe^ Ycaa—biayw x'cM PgAe, Opma hSomkwmA Ilrady, Ru".Ll, K3 kg, Tu ly. hfays9—ttione_ Cbummmir=m of k a UFrQ eubmit- ting cnnetradfon pornot3 kw wmw mid woLrrr Few Warms R UA %Op*ff oe. tmr, p r_senteA and reed_ fkavoel Member TuRy mavM that the cam- roww9jon he meived and filed, gwmded by l'a=eJ Mwwg t F$Ar - comed k}y L6! rulLuwnn Vole- Yem—hEmkbc %V r, [lauded Nlambnrs Brady. klormll, KiW, TuErr Nv'r —XQBU, C�numiminoiim of GOrFWdbJL Ck=- Cd a4vJq* tit w.aLL*sl of premises at 25M N. Gr&MA Uw by Jauxe Uhh�&m ea a result of a consat doaw mued Distrirt Court, prmmtrd #rid ro CALubdl Mamber'11LIly n Ld ib t the STATE OF IOWA CITY DEVELOPMENT BOARD SHARON NAIL, Chairperson PAUL BERGER, Member 4owa 523 EAST TWELFTH STREET o DES MOINES, IOWA 50319 THOMAS POGUE, Member a place to grow 515 / 281-5941 t: 7 May 18, 1979 C.7 Tl The Honorable Mayor & City Council = City of DubuqueJ'F�' City Hall Dubuque, IA 52001 CERTIFIED MAIL RE: Sageville Petition for Annexation Within the Urbanized Area of Dubuque Dear Mayor Tully and Council Members: The City Development Board, State of Iowa, has received a petition for voluntary annexation of territory owned by Gantz Enterprises to the City of Sageville, Iowa. Said territory is within the urbanized area of the City of Dubuque, Iowa and, pursuant to Section 368.7 Code, City Development Board approval is necessary for the annexation to be complete. A copy of the petition is enclosed. Notice is hereby given the City Development Board, State of Iowa, will review the above cited annexation petition at its regular monthly meeting at 10:00 a.m., Wednesday, June 20 at 523 East 12th Street, Des Moines, Iowa. Notice has also been served on the the Dubuque County Board of Supervisors and the East Central Intergovernmental Association. The City Development Board invites oral or written comments relative to the petition on or before the meeting date as noted above. Sincerely, A -4�Ve'e' -" mt?&'t, Michael Miller Administrative Assistant City Development Board MM/fjc Enclosure CITE` OF SAGEVILLE SAGIV1RE, IOWA P.O. Dubuque, Iowa 5200.1 I) ISION OF May 14, 1979 MUNTc -V\L Af-FAIRS State of Iowa City Development Board 523 East Twelfth St. Des Moines, Iona 50319 Dear Sir: Enclosed please rind required documents for potential annexation: 1) Petition for annexation from property owner. 2) Council resolution approving petition. 3) Legal description and map of area for annexation. If there are any other requirements and you wish to phone me, 1 cazi be reached easiest at work. Ph 319 5562921 Y s Truly, -• nk id es P Gan-tz C erk City of Sageville Uagevilla Rd. Dubuque, Iowa. 5 CC1 November Zc, 1978 Sageville Town Council Sageville, Iowa .1-0. Dubuque, Iowa 52001 Deax Councilmemberg: It has come to our attention: that a n which we are Purchasing on land contract irt.�on of the to el Krocke� _: . , got in 'the town „� It seems there was an oversight in the on i:,_1 applic� lion ,'cr annexation and 18 acre, on the extrcr�e eastern portion of the Pr:,perv;- was not included. (see attached >zap) • It .4Qµrc a legal detic-••iPtier. as follows! Lot two (2) of the Southeast juarvex (—r,) of the Ncrtheas, Quarter Q) of section 10, Township 29 North, tinge 2 East Of Lhe P.M., Dubuque, County, Iowa. P.M. _ We talked to Kerman Knockel, the owner at the original application for annexation and he was tundermthe limpress ion the whole farm was in the town of Ui I� rues c we have always had. a�e�-i�_e. This was the imr�..�sic:: Y As this is not the case, we would at this time' .like to make application for annexation to :.he Town of Sageville of the xema i ni ng 18 acres. Please advise us as to what is necessary to accomplish this. i ,. . MU,yDC�PgON OF r CITY OF SAGEVILLE $AGEVIRE, IOWA P.O. Dubuque, Iowa 52001 Resolution No. 7APRIL79-01 WHEREAS the City Council. for Sagoville has been petitioned for annexation by Gantt .Enterprises for the annexation of 18 acres of pxoperty overlooked for annexation in the original application for annexation of the farm of which this parcel is a portion of, dated .duly 23, 1969, and there be no objections to annexation at the prey ert by the council: BE IT RESOLVED by the Council of the City of Sageville that this. petition for annexation be approved. Passed and approved on April 7, 1979 by the following vote: Ayes, Nayes: Del Doty A[ilt Eichman Mark Hohmann Ken Paige Mike Wilson /s/ ATTEST Is/ Fri`/[` Ir fig; OF M' .*1 'A" -=FAA AF'FI R!:: "IVZX197101V S'.'5-n /o, Z 0 7- V dT09Y L/ Cullen, Kilby, Carolan & Assoc.P.C. I b4rcby certify that this P1,1t, Mall. survey or report we* mt, or w.-der m— -.e.T � i,,j i -1 (yj ?SuL OU � 1, Dubuque & Reitenclorf, Iowa .!',117 rcti stereo Uiuif Surveyor LLr,--Icr t*--e laws of of lo»a .71 Consulting Engineers lar Session, November 3, 1980 411 ify summary judgmont and decree of foreclosure of mortgage. Rosalie T. Flood vs. Board of Library Trustees et a) sub- mitting brief in support of request for is- suanco of Writ of Certiorari: prevented and read. Council Member Fclderman moved that the claims and suits be referred to Corporation Counsel for Investigation and report. Seconded by Council Member Pratt. Carried by the following vote. Yeas -Mayor Farrell, Council Slem- bers Brady. Fo!derman. King, Pratt. Nays,None. Communication of Corporation Counsel recommending settlement of personal Injury of Sister Diary FYanclne Gould In amt. of SlaSO, and comrnunica- Von of Corporation Counsel recommend• ing settlement in amt. of VW.00 to John J. Walsh fnr ear damages. presented and read. Council Member Fclderman moved that the communications be received and filed and "Wemcnts approved and City Auditor directed to issue proper war. rants. Seconded by Council Member Pratt. Carried by the following vote - Yeas -Mayor Farrell. Council Mem. bom Brady, Feldormnn. King, Pratt - Nays -None. Communication of Corporation Coun- scl advising of settlemeot of matters of Mechanics) Systems, Inc. vs. City and J.P. Cullen ct al at no cost to the City. pre seated and read. Council Member Felderman moved that the communication be received and filed and settlement approved. Seconded by Council Member Pratt. Carried by the following vote. Yeas -Mayor Farrell, Council Mara. bore Brady. Fclderman. King. Pratt. Nays None. Communication of Corporation Coun. sel recommending denial of property damage claim by Randy Dtichr. present- cd and read. Council Member Fclderman moved that the communication be reeelved and filed and denial approved Seconded by Council Member Pratt. Carried by the following vote: Yeas -Mayor Farrell, Council Mem- bers Brady. Fclderman. King. Pratt. NaywNooe. REFUNDS REQUESTED: Marie Becker, $60. oo unexpired Cigarette Ll- censo: Holy Trinity Church. SM.00 on unexpired Beer Permit, presented and read. Council Member Fclderman moved that the refund requests be granted and City Auditor be directed to Issue proper warrants. Seconded by Council Member Pratt. Carried by the following vote: Yeas -Mayor Farroll. Council Mem- bers Brady, Fclderman. King, Pratt. Nay& -Noce. Communication of City Development Board advising of dismissal of the volun• tary annexation petition submitting by the City of Sagoville, presented and read. Council Member Feldermn moved that the mrnmuriutions be received and filed. Seconded by Council Member Pratt. Cafrled by the following vote: Yeas -Mayor Farrell. Council Mom bore Brady, Fr.ldmian. King. Pratt. Nay&-Nono. Carl Burbacb, 2409 L&Vlsta Court, stated he would not be able to be in atten- dance the night of the Public )fearing on the Bell St. Storm Sewer Project. and wished to express verbal objection to the project. There bring no further business. Coun- cil Member Fclderman moved toadjourn. Seconded by Council Member Pratt Car ried by the following vote: Ycns-Mayor Farrell, Council Mem bers Brady, Folderman. King, Pratt. Nays -None. Mary A. Davis City Clerk Approved ........ _.».._.......»....._._...1991 Adopted ................ ........ _.......... _._....1981 - — Crruncil Members - - ATTEST: City Clerk F STATE OF IOWA CITY DEVELOPMENT BOARD SHARON NAIL, Chairperson PAUL BERGER, Member lowl 523 EAST TWELFTH STREET • DES MOINES, IOWA 50319 THOMAS POGUE, Member a I -)[ace to grow 515 / 281-5941 August 27, 1980 CYJ The Honorable Mayor & City Council City of Dubuque --C) City Hall rf Dubuque, IA 52001 CERTIFIED [SAIL r� RE: Sageville Voluntary Annexation within Urbanized Area of Dubuque Dear Mayor Farrell & Council Members: The City Development Board, State of Iowa, has received a petition for volun- tary annexation of territory owned by Lime Rock Springs Co. to the City of Sageville, Iovia. Said territory is within the urbanized area of the City of Dubuque, Iowa and, pursuant to Section 368.7 Code, City Development Board approval is necessary for the annexation to be complete. A copy of the petition is enclosed. Notice is hereby given the City Development Board, State of Iowa, will review the above cited annexation petition at its regular monthly meeting at 10:00 a.m. on Wednesday, September 24, 1980, at 523 East 12th Street, Des Moines,. Iowa. Notice has also been served on the Dubuque County Board of Supervisors and. the East Central Intergovernmental Association. The City Development Board invites oral or written comments relative to the petition on or before the meeting date as noted above. Sincerely, T_ �ZaZ,�, Michael Miller Administrative Assistant H City Development Board hIM/c f Enclosure SAGE P.O. Dubugwe, (ova 52001 August 2, 1980 ` Office of Planning and Programing 523 East 12th Street Des Mines, Iowa 50319 Dear Sirs: The City of Sageville has been petitioned by Lime Rock Springs Co. to annex a 1.504 acre parcel which it recently purchased. A copy of their letter of petition to the City of Sageville is included along with the other required documents. The City of Sageville approved the property owner's petition with Resolution 3-'May 80-02. (Copy included) The parcel in question does not lie within the incorporated boundary of another city. 'The parcel's topography is flat and its elevation has been raised to the'same height as the lot'on which Lime Rock Springs Co.'s present facilities occupy, which is the same height as Highway 52 and 3 North. The City of Sageville saw fit to approve this petition as Lime Rock Springs Co. is adequately equipped to supply water and sewage disposal should it be needed in the future. The present plans are fora warehouse only with no need for such services. The City of Sageville is contracted with the City of Sherrill for fire protection and has police protection from Dubuque County. The proposed warehouse will be of steel and masonry construction and no flampiables shall be stored within. A map showing the present incorporated area of the City of Sageville and its relation to the parcel in question:is enclosed. The City of Sageville does at this time petition the Office of Planning and Programing to.approve this annexation. Please inform me if I am•to notify Dubuque County, the City of Dubuque, and the East Central Inter- governmental Association, or if notification will be handled by your office. incerely, inn Gantz {-- /fCl erk '� / City of Sageville ivy J�, J. J, CANTZ of i�CV&rcU Phone 656Q921 DUBUQUE, 10�VA 52001 May 2, 1980 Sagevill, City Council Sageville, Iowa P.O. Dubs, ;.le, Iowa 52001 Dear Cou, I Plembers: Our c- jost rpcenvrchzjed a 1.504 acre lot d0ectly V` Pr&a-'n and Ajoining our property line to %:.A A plat in 01schee. We will soon bu constructing a new, V' stool and masonary warehouse measuring approximately 140 ft. 250 rt. This parcel is in the county whereas our present facility is in the City of Sageville. We iould at this time like to petition the -City of Sagoville to annex this 1.504 acre parcel. This building will be used for warehousing only, If in the future we find the need nor water and sanitary facilities, they will be connected directly to our present water supply and water and sewageldiqposal system. Yours, tru,l y John GAdtz Sr. Preshed JJG/eh -I i J s M OrGEVUE P.O. Dubuque, Iowa, 52001 RE30LUTION 3RAY80--02 W;tEMEAS The Sageville City Council has been petitioned by Lime Rock Springs Co, to annex a. 1,504 acre lot adjacent to its present facility. .-IREREAS This lot is adjacent to the,present corporate boundary of the City of Sageville. WHEFEAS It is the intent of Lime Rock Springs Co, to construct a warehouse'only with no need for fresh water or sanitary hook-ups.' Whereas All facilities of the company are presently located within the City of Sageville. THERIE tiRE Be it resolved that the Sageville City Council does hereby approve the petAtion for annexation. Del Doty Councilman , Attested to byi J=,-s Catitz /Clerk i Lri,� jL t &ll , Milt Eichman Councilman Mark Rohm nn Councilman Ken Paige Councilman v Mike Wilson Councilman r `T Seph Kalvela;;e Mayor I q CITY DEVELOPMENT BOARD NORTH SAGEVILLE ANNEXATION REQUEST 8-80 SPALE I ` = 400 " CITY OF DUBUQUE- DEPARTMENT OF PLANNING AND ZONING BEFORE THE CITY DEVELOPMENT BOARD STATE OF IOWA -IN THE MATTER OF THE VOLUNTARY } NO. UA03-33 SAGEVILLE ANNEXATION OF THE CITY OF SAGEVILLE } WITHIN THE URBANDIZED AREA OF THE } FINDINGS OF FACT AND CITY OF DUBUQUE } CONCLUSIONS OF LAW AND DETERMINATION TO: Cities of Sageville and Dubuque, 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 Sageville filed its request for City Development Board approval of annexation of territory within the urbanized area of Dubuque on May.19, 2003. Notice of City Development Board review of the request and owner's application was given on June 13, 2003, and the Board considered the matter at its July 10, 2003, 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 1. On February 4, 2003, by written application, which included a map, Thomas Brimeyer and Lisa Brimeyer; Thomas Brimeyer and Willard Brimeyer; Willard Brimeyer; H&M Realty, L.C. by Harry J. Althaus; and Terry Dean requested the City of Sageville 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. UA03-33 Sageville Findings of Fact Prepared by: Steven R. McCann, Administrator 515/242-4719 Iowa Economic Development 1 City Development Board 200 E Grand Avenue 1 Des Moines, Iowa 50309 2. On April 20, 2003, the City of Sageville published in an official county newspaper notice of the City Council's meeting on May 6, 2003, to consider the application for voluntary annexation. 3'. On April 15, 2003, the City of Sageville provided a copy of the application for voluntary annexation to the City of Dubuque, Dubuque County Board of Supervisors, East Central Intergovernmental Association, Iowa Department of Transportation, and affected public utilities. 4. By resolution dated May 6, 2003, which contained a legal description, the City Council of Sageville voted to annex the subject property. 5. The area to be annexed is within two miles of the City of Dubuque and is therefore within its urbanized area. 6. The area to be annexed has a common boundary with the City of Sageville of more than 50 feet. 7. The area to be annexed does not contain railroad right-of-way. 8. On May 19, 2003, 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 13, 2003, the City Development Board notified, by mail, the Cities of Sageville and Dubuque, 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. The Board considered the request at its July 10, 2003, meeting and found it to be complete and properly filed. 11. In requesting approval of the annexation, the City of Sageville noted that each owner of property in the territory had requested voluntary annexation and the addition of territory to the city would widen a narrow corridor of incorporated land connecting two larger sections of the city. The City notes that it does not provide sewer, water, or snow removal to its residents and would not provide these services to the territory if it is annexed. UA03-33 Sagoville Findings of Fact Prepared by: Steven R. McCann, Administrator 5151242-4719 Iowa Economic Development 1 City Development Board 200 E Grand Avenue 1 Des Moines, Iowa 50309 Harry Althaus, an owner of property in the territory, stated that he intended to build a house on the land for which he requested annexation. He said he wanted his land to be annexed to Sageville to avoid the possiblity of future annexation to the City of Dubuque and the increased cost for services. Willard Brimeyer told the Board that he owns some property that is currently within the city of Sageville and requested annexation of land in this proposal so that all of his land would be in the City of Sageville. The City of Dubuque filed a letter with the Board dated July 3, 2003, objecting to the annexation. A representative of the City attended the board meeting and explained the City's objection. Included in the points raised by the City of Dubuque were: Sageville • does not levy any property taxes. • only has one city employee (a city clerk). • Does not provide municipal services. • Has no major capital improvement program beyond street maintenance. • Has not adopted any plans for growth and development. 12. Based on the information in the annexation request, and input received at the board meeting, the Board finds the proposed annexation not to be in the public interest. The Board found that the City was not providing an urban level of municipal services to the current citizens, and had no plans to provide them to the annexation territory. The Board found that the annexation of additional land under these circumstances was' not in the public interest. CONCLUSIONS OF LAW 1. The territory to be annexed "adjoins" the City of Sageville as the term is defined in Section 368.1(1) Iowa Code and is within the "urbanized area" of the City of Dubuque as the term is defined in Section 368.1(15) Iowa Code. 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. 3. The City Development Board has jurisdiction to approve or decline the application for annexation pursuant to Section 368.7(3) Iowa Code. UA03-33 Sagevilie Findings of Fact Prepared by: Steven R. McCann, Administrator 515/242-4719 Iowa Economic Development / City Development Board 200 E Grand Avenue f Des Moines, Iowa 50309 4. The resolution by the City Council of Sageville conforms with Section 368.7 Iowa Code. 5. The City of Sageville's request for Board approval and the annexation is in substantial compliance with procedural requirements of 263 Iowa Admin Code 7.2. The Board acknowledges that the annexation request is subject to the provisions of Section 368.6 Iowa Code, which states: "it is the intent of the general assembly to provide an annexation approval procedure, which gives due consideration to the wishes of the residents of territory to be annexed, and to the interests of the residents of all territories affected by an annexation. The general assembly presumes that a voluntary annexation of territory more closely reflects the wishes of the residents of territory to be annexed, and, therefore, intends that the annexation approval procedure include a presumption of validity for voluntary annexation approval." The Board gave due consideration to the reasons that the residents of the territory desired annexation to Sageville. However, the Board believes that before an annexation can be approved the annexing city must, at a minimum, show that it is prepared to offer more than a rural level of services to its citizens. In this case, the level of service proposed by Sageville does not warrant bringing more land into the city. 6. In accord with the standards set forth in Chapter 368 Iowa Code the annexation proposal is not in the public's interest. Dated this.8th day of August 2003. CITY DEVELOPMENT BOARD Dennis Plautz, Vice C arfla�rson signature affixed by Steven R. McCann, Administrator for City Development Board as authorized under 263 Iowa Administration Code 3.28 UA03=33 Sageville Findings of Fact Prepared by: Steven R. McCann, Administrator 515/242-4719 Iowa Economic Development / City Development Board 200 E Grand Avenue 1 Des Moines, Iowa 50309 a Proposed Annexation Johh F Ken Sageville City Limi - Dubuque City Limi MIA, 0 1000 2000 Feet BEFORE THE CITY DEVELOPMENT BOARD STATE OF IOWA IN THE MATTER OF THE VOLUNTARY ) NO UA05-28 SAGEVILLE ANNEXATION OF THE CITY OF SAGEVILLE ) FINDINGS OF FACT AND WITHIN THE URBANDIZED AREA OF THE ) CONCLUSIONS OF LAW AND CITY OF DUBUQUE ) DETERMINATION To Cities of Sageville and Dubuque, 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 Sageville filed its request for City Development Board approval of annexation of territory within the urbanized area of Dubuque on June 21, 2005 Notice of City Development Board review of the request and owner's application was given on June 23, 2005, and the Board considered the matter at its August 17, 2005, 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 May 6, 2005, by written application, which included a map, Tom, Lisa and Willard Brimeyer requested the City of Sageville 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 UA05-28 Sageville 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 May 9, 2005, the City of Sageville published in an official county newspaper notice of the City Council's meeting on June 7, 2005, to consider the application for voluntary annexation 3 On May 10, 2005, the City of Sageville provided a copy of the application for voluntary annexation to the City of and Dubuque, Dubuque County Board of Supervisors, East Central Intergovernmental Association, Iowa Department of Transportation, and affected public utilities 4 By resolution dated June 7, 2005, which contained a legal description, the City Council of Sageville voted to annex the subject property 5 The area to be annexed is within two miles of the City of Dubuque and is therefore within its urbanized area 6 The area to be annexed has a common boundary with the City of Sageville of more than 50 feet 7 The area to be annexed does not contain railroad right-of-way 8 On June 21, 2005, 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 July 19, 2005, the City Development Board notified, by mail, the City of Sageville, and Dubuque, 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 A response was received from Frank Murray Smith, City Attorney for Dubuque, requesting to be heard orally to reply to applicant's resistance to Dubuque's motion to deny annexation 11 The Board considered the request at its August 17, 2005, meeting and found it to not be in the public interest and was denied 12 Based on the information for this annexation found in the petition and other materials filed by the City of Sageville and Frank Murray Smith, the Board finds the annexation not to be in the public interest Prepared by Steve McCann 5151242-4719 City Development Board Administrator / 200 E Grand Avenue / Des Moines, IA 50309 CONCLUSIONS OF LAW The territory requested to be annexed "adjoins" the City of Sageville as the term is defined in Section 368 1(1) Iowa Code and is within the "urbanized area" of the City of and Dubuque as the term is defined in Section 368 1(16) Iowa Code 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 3 The City Development Board has jurisdiction to approve or decline the owner's application for annexation Section 368 7(3) Iowa Code 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 4 The resolution by the City Council of Sageville conforms with Section 368 7 Iowa Code 5 The City of Sageville's request for Board approval and the annexation is in substantial compliance with 263 Iowa Administrative Code 7 2 6 In accord with the standards set forth in Chapter 368 Iowa Code the annexation proposal is not in the public's interest. Dated this 261h day of August, 2005. CITY DEVELOPMENT BOARD James Halverson, Chairperson signature affixed by Steven R McCann, Administrator for City Development Board as authorized under Iowa Administration Code 263 — 9 11(2) Prepared by Steve McCann 515/242-4719 City Development Board Administrator / 200 E Grand Avenue / Des Moines, IA 50309 THEREFORE, IT IS ORDERED that the application of the following described territory to the City of Sageville is hereby denied 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 Sageville City Clerk and that the Board file a copy of the map and legal description with the Iowa Department of Transportation 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 26t" day of August, 2005. CITY DEVELOPMENT BOARD James Halverson, Chairperson 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 Fred McCaw Dubuque Co Attorney 720 Central Avenue Dubuque, IA 52001 Dubuque Co Bd of Supervisors 720 Central Avenue Dubuque, IA 52001 Mr Fred Dean Iowa Dist Trans Planner 8723 NW Blvd, PO 2646 Davenport, IA 52809 Ms Kelley Duetmeyer ECIA 3999 Pennsylvania Avenue #200 Dubuque, IA 52002-2273 Ms Jeanne Schneider Dubuque City Clerk 50 West 13th Street Dubuque, IA 52001-4864 Mr William Maiers Sageville City Attorney 3257 Sheridan Road Dubuque, IA 52001-8145 Ms Amy Weidenbacher Sageville City Clerk 3257 Sheridan Road Dubuque, IA 52001-8145 Alliant Energy 1031 Iowa Street Dubuque, IA 52001 Mr John Freund Kane, Norby & Reddick, P C 2100 Asbury Road, Suite 2 Dubuque, IA 52001-3069 Qwest Corporation 1801 California Street Denver, CO 80202 Mediacom 3033 Asbury Road Dubuque, IA 52001 Aquila, Inc 1015 Cedar Cross Road Dubuque, IA 52003 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 26th day of August, 2005 Local Delivery Honorable Tom Miller, Iowa Attorney General Betty Hadden, Secretary 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 Sageville, Iowa, CDB Case No. UA05-28 PARCEL NUMBER LEGAL DESCRIPTION ACRES 10-11-101-003 The balance of Lot 1 Brimeyer Place or Lot 1 17.1 Brimeyer Place except that part in the City of Sageville. 10-11-128-003 Lot 1 of Lot 2 of Lot 1 of Lot 1 of Lot 3 of the NW 0.46 1/4, all in Section 11, Township 89 North, Range 2 East of the 5th P.M., in Dubuque County, Iowa, according to the recorded Plat thereof. 10-11-128-006 Lot 2 of lot 2 of lot 1 of lot 1 of lot 3 of north west 0.9 1/4 of Section 11, Township 89 North, Range 2 East of the 5th P.M., in Dubuque Township, Dubuque County, Iowa, subject to highway, according to the Plat thereof in Book of Plats #27, page 56, records of Dubuque County, Iowa; subject to easements of record AND Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 3 of the NW 1/4 of Section 11, Township 89 North, Range 2 East of the 5th P.M., according to the United States Government Survey and the recorded plats thereof, subject to highway and easements of record. The territory extends to the center line of all secondary roads adjacent to the above described properties. N Sagevifle Annexation z,o za n ,,zea eel 00001