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