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Annexation Sageville DecisionCity C ~,'ds O~ice Dubuque, iA CITY DEVELOPMENT BOARD STATE OF IOWA 'IN THE MATTER OF CITY OF SAGEVILLE VOLUNTARY ANNEXATION WITHIN THE URBANIZED AREA OF THE CITY OF DUBUQUE NO. UA03-33 SAGEVILLE FILING OF WRITTEN DECISION TO: Cities of Sageville and Dubuque, Dubuque County Board of Supervisors, Dubuque County Attorney, East Central Intergovernmental Association, Iowa Attorney General, Affected Public Utilities, and Padies of Record. You and each of you are hereby notified that the City Development Board has denied the annexation of territory to the City of Sageville under City Development Board Case File No. UA03-33 Sageville. Please find enclosed the Findings of Fact, Conclusion's of Law, Determination, and Final Order by the City Development Board denying the annexation. Pursuant to Sections 368.7 and 368.20 Iowa Code the City Development Board is required to file copies of the proceedings with the Clerk of each city involved in a boundary adjustment. An appeal of the Board's decision may be filed within 30-days of the date of the enclosed Order. CITY DEVELOPMENT BOARD Steven R. McCann, City Development Board Administrator Phone: 515.242.4719 Prepared by:. Steve McCann 515/242-4719 City Development Board Administrater / 200 E Grand Avenue / Des Moines, IA 50309 PROOF OF SERVICE The undersigned hereby cer[ifies that a true copy of the foregoing instrument was served upon: Ms. Amy Weidnebacher Sageville City Clerk 3257 Sheridan Road Dubuque, IA 52001-8145 Mc William Maiem Sage~lle City A~omey 3257 Sheddan Road Dubuque. lA 52001-8145 Ms. Jeanne Schneider Dubuque City Clerk 50 W 13th Street Dubuque, IA 52001-4864 Dubuque County Board of Supervisors 720 Central Avenue Dubuque, IA 52001 Mr. Fred McCaw Dubuque County Attomey 720 Central Avenue Dubuque, IA 52001 Mt. Fred Dean Iowa Dept. of Trans. 8723 NWBIvd, PO 2646 DavenpoK, IA 52809 - Cc: Jorge Zamom Ms. Kelley Duetmeyer ECIA Suite 330 Nesler Centre PO Box 1140 Dubuque, IA 52004-1140 Alliant Energy 1031 Iowa Street Dubuque, IA 52001 Ms. Jan Schaffer Qwest 615 Third Avenue SW Cedar Rapids, lA 52401 Mediacom 3033 Asbury Road Dubuque, IA 52001 Aquilia, 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 8th of August 2003.. Prepared by:. Steve McCann 515/242-4719 Cib/Development Board Adminisf~ator / 200 E Grand Avenue / Des Maines. IA 50309 BEFORE THE CITY DEVELOPMENT BOARD STATE OF IOWA 1N THE MATTER OF THE VOLUNTARY ) ANNEXATION OF THE CITY OF SAGEVILLE ) WITHIN THE URBANDIZED AREA OF THE ) CITY OF DUBUQUE ) NO. UA03-33 SAGEVILLE FINDINGS OF FACT AND 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 On February 4, 2003, by written application, which included a map, Thomas Bdmeyer and Lisa Bdmeyer; Thomas Bdmeyer and Willard Brimeyer; Willard Bdmeyer; 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 / City Development Board 200 E Grand Avenue / Des Moines, Iowa 50309 4. 5. 6. 7. 8. 10. 11, On April 20, 2003, the City of Sagevilte published in an official county newspaper notice of the City Council's meeting on May 6, 2003, to consider the application for voluntary annexation. 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 Intergovemmental Association, Iowa Department of Transportation, and affected public utilities. By resolution dated May 6, 2003, which contained a legal description, the City Council of Sageville voted to annex the subject property. The area to be annexed is within two miles of the City of Dubuque and is therefore within its urbanized area. The area to be annexed has a common boundary with the City of Sageville of more than' 50 feet. The area to be annexed does not contain railroad right-of-way. 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. 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. The Board considered the request at its July 10, 2003, meeting and found it to be complete and propedy filed. 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 Sageville Findings of Fac[ Prepared by: Steven R. McCann, Administrator 515/242-4719 iowa Economic Development ! City Development Board 200 E Grand Avenue / Des Moines, Iowa 50309 Harry AIthaus, 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. 12. Willard Bdmeyer 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. 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 theft 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 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 36811(15) iowa Code. 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. The City Development Board has jurisdiction to approve or decline the application for annexation pursuant to Section 368.7(3) iowa Code. 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 ! 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 Sagevilie does not warrant bdnging 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~rson signature affixed by Steven R. McCann, Administrator for City Development Board as authorized under 263 Iowa Administration Code 3.28 UA03.33 Sagevilte Findings of Fact Prepared by: Steven R. McCann, Administrator 515/242--4719 Iowa Economic Development / Cit7 Development Board 200 E Grand Avenue / Des Moines, Iowa 50309 THEREFORE, IT IS ORDERED that the application for annexation 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. Dated this 8th day of August 2003. CITY DEVELOPMENT BOARD Is/ ~ ~ f~¢" Dennis Plautz, Vice Ch~rson UA03-33 Sageville Findings of Fact Prepared by: Steven R, McCann, Administrator 5151242-4719 iowa Economic Development / City Development Board 200 E Grand Avenue / Des Moines, Iowa 50309 PROOF OF SERVICE The undersigned hereby certifies that a true copy of the foregoing instrument was served upon: Ms. AmyWeidenbacher Sageville City Clerk 3257 Sheddan Road Dubuque, lA 52001-8145 Ms. Kelley Duetmeyer ECIA Suite 330 Nesler Centre PO Box 1140 Dubuque, iA 52004-1140 Mr. William Maiers Sageville City Attorney 3257 Sheridan Road Dubuque, IA 52001-8145 Ms. Jeanne Schneider Dubuque City Clerk 50 W 13th Street Dubuque, IA 52001-4864 Dubuque County Board of Supervisors 720 Central Avenue Dubuque, IA 52001 Alliant Energy 1031 Iowa Street Dubuque, IA 52001 Ms. Jan Schaffer Qwest 615 Third Avenue SW Cedar Rapids, lA 52401 Mediacom 3033 AsburyRoad Dubuque, lA 52001 Aquilia, Inc. 1015 Cedar Cross Road Dubuque, IA 52003 Mr. Fred McCaw Dubuque County Attorney 720 Central Avenue Dubuque, IA 52001 Mr. Fred Dean Iowa Dept. of Trans. 8723 NW Bird, PO 2646 Davenport, IA 52809 Cc: Jorge Zamora Said copy was mailed in an envelope addressed to them at the address shown above, with postage fully p_aid and by depositing same ~n an United States Post Office depository in Des Moines, Iowa on the 8"~ day of August 2003. Local Delivery Honorable Tom Miller, Iowa Attorney General Rag]p/n/a ~tendorf, Secretary' ( Prepared by: Steve McCann 515/242~719 City Development Board Administrab3r / 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. UA03-33 LEGAL DESCRIPTION I ACRES The balance of Lot 1 Brimeyer Place or Lot 1 30.9 · Brimeyer Place except that part in the City of Sageville 11 T89N R2E Lot 2-2-1-1-3 NW; Lot 2-1-1-1-1-3 .9 NW ~11 T89N R2E Lot 1-2-1-1-3 NW .46 ' Lot 1 of Althaus Place Lot 24 Marshfield Addition-except that part already inside Sageville City Limits Lot 1-1-1-1-1-33 of SW comer of Section 2 Township 89N-2E-except that part already inside Sageville City Limits 13.39 Lot 2 of Althaus Place .45 TOTAL 46.1 The territory extends to the center line of all secondary roads adjacent to the above described properties. Proposed Annexation Area..~ Johh F __ Sageville City Limits~ Limit ~s~ 0 1000 2000 Feet