Annexation Seippel & Middle RdMEMORANDUM
August15,2003
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Voluntary Annexation
Planning Services Manager Laura Carstens is recommending approval of the pre-
annexation agreements with property owners along Seippel road and Middle Road, and
that a public hearing be set for December 1,2003.
The terms of the pre-annexation agreement generally provides property owners who are
voluntarily annexing, which is approximately 93% of the approximately 703 acres of land
being annexed, with certain benefits. These benefits include:
· A five-year discount on the City portion of property taxes;
· Interest-free financing for sewer connections to their homes;
· The extension of certain sewer and water lines when they develop their property;
and,
· The City's support of a change in the DMATS long range plan for reconstruction
of Middle road to eliminate the reference to a "divided" highway.
Another major issue for property owners in the annexation area was that the City Code
requires that the owner of any property within 200 feet of a public sanitary sewer has to
connect to the property within 365 days. This connection can be delayed up to 15 years
from the date that the septic system was installed, if the septic system was properly
designed and maintained. For some of the farm properties, the principal residence may
be several hundred feet away from the property line. Running a sewer line to the
farmstead may be very expensive, if not impractical in some cases.
To address this concern, City staff has submitted separately from this packet an
amendment to the City Code granting to the City Manager the authority to exempt
property owners from the requirement of connection to the City sanitary sewer if the
sewer is within 200 feet of the property line when the City Manager determines that
such a connection would be impractical or would exact an undue hardship because of
the conditions-pertaining to the property in question.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/ksf
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Laura Carstens, Planning Services Manager
Gus Psihoyos, Assistant City Engineer
MEMORANDUM
August 15 2003
TO:
FROM:
Michael Van Milligen, City Manager
Laura Carstens. Planning Services Manager '~-----~
SUBJECT: Annexation Plan
Introduction
This memo transmits a voluntary annexation request, including land without the owner's
consent, for approximately 700 acres on the west side of Dubuque. Enclosed are the
petitions for voluntary annexation, a map of the annexation area, a chart that lists the
parcel number, property owner, acreage, and whether the owner has consented to the
voluntary annexation. Also enclosed is correspondence with the property owners,
including a list of questions raised during discussions with City staff. In addition a pre-
annexation agreement, and the owner's acceptance of the Agreement are enclosed.
Annexation Process
The City of Dubuque has received requests from several property owners to annex
approximately 500 acres of farmland along Middle Road, Seippel Road and Asbury
Road.
To annex property, there must be at least 50 feet of common boundary between the
property and the city limits. The City will need to annex all or portions of the rights-of-
way for Middle Road, Seippel Road, Asbury Road and Heacock Road to comply with
the State Code.
To do this annexation, the City also will need to annex a number of smaller properties to
meet the State Code. These smaller properties are mostly single family homes. The
State Code does not allow a City to annex just the large farms, and leave the smaller
lots in the County. This creates "islands" of land in the County, which is against the
State Code. State law allows a voluntary annexation to include property without the
consent of the owner to avoid creating an island or to create more uniform boundaries.
Annexation Plan
Page 2 of 6
According to the State Code, the City can include this land without the owner's consent
to avoid creating an island and to create more uniform boundaries. This property must
not exceed 20% of the total land area included in the annexation request. These types
of annexation requests are termed "80~20 voluntary annexations" due to this
percentage.
As of August 15, 2003, the City has received voluntary annexation petitions from the
owners of 93% of the property in the annexation area. The enclosed chart lists the
parcel number, property owner, acreage, and whether [he owner has consented to the
voluntary annexation.
Previous correspondence with the property owners had indicated a City Council public
hearing date of September 15. 2003. This date was based on the process for 80/20
voluntary annexations revised by the Legislature in 2002. City staff recently learned
that earlier this year, the State Legislature adopted new regulations [hat lengthen the
process considerably. The new process is so complicated that the staff for the State of
Iowa's City Development Board, which handles annexations, cannot g ~ve us a definite
time line. To assist the City of Dubuque through this new process, City staff has
retained the services of consultants who are experienced in successfully guiding these
types of annexations through the State approval process.
A new step added to the process for 80/20 voluntary annexations is a consultation with
the Dubuque County Board of Supervisors and the Township Trustees for the
annexation area. Once the consultation has been held, the City then must notify
affected property owners, and hold a public hearing.
To give ourselves adequate time to get through this process in compliance with all
procedural and notification requirements, we are recommending a new City Council
public hearing date of December 1, 2003.
If the City Councit approves the voluntary annexation to include land without the owner's
consent, then the annexation request is sent to the City Development Board in Des
Moines. The Board then will schedule a public headng in Dubuque for all the affected
property owners and the County. We anticipate that this will be in February of 2004.
The Board must approve this type of annexation request by a four-fifths vote of the
members.
Annexation Incentives
The City's plan was to have as many of the single family homes as possible voluntarily
annex to the City of Dubuque, to reduce the number of property owners included
without their consent. The City offered two incentives for the owners of these smaller
properties to voluntarily annex:
1. a partial exemption of City property taxes over a five-year period; and
Annexation Plan
Page 3 of 6
a delay of the assessment for connection to the sanitary sewer system until the
property is sold or otherwise disposed of, if the City requires connection to the
sewer system.
The State Code does not req dire the City to offer any incentives for voluntary
annexation. City staff developed these incentives to reduce the impact of annexation on
the homeowners and to facilitate development of the larger farms.
For the first incentive, the resolution approving the applications must provide for the
transition for the imposition of City taxes against the Property Owners' properties. The
Property Owners' properties would be entitled to the following partial exemption from
taxation for City taxes for a period of five years:
1. For the first year, seventy-five percent.
2. For the second year, sixty percent.
3. For the third year, forty-five percent.
4. For the fourth year. thirty percent.
5. For the fifth year. fifteen percent.
The second incentive pertains to sanitary sewer connection:
"If, following annexation of the Prope~y Owners' properties, City for any reason
requires a Property Owner to connect a Property Owner's residence located on the
property as of the date of this Agreement to City's sanitary sewer system. City shall
pay all costs of connecting such property to the sanitary sewer system. A Properly
Owner shall be assessed by City for such costs but the assessment shall be
deferred without interest until the Property Owner disposes by sale or otherwise of
the property on which such residence is located, at which time such assessment
(without interest) shall become due. If at the time the assessment becomes due the
Property Owner elects to defer payment as provided by Iowa Code Ch. 384. interest
shall accrue as provided in Ch. 384 from the date the assessment became due."
These two incentives also were offered to the owners of the larger properties, ~n
addition to the specific incentives offered to certain parcels relative to extensions of
water and sanitary sewer service described in the enclosed Agreement. These
additional incentives involve commitments Dy the City to extend water and sanitary
sewer service within one year after a development plan. The specific terms in the
Agreement for the consenting property owners of these large parcels follow. The terms
for the large non-consenting parcels 8, 9 and 10 do not apply because they failed to
accept the Agreement.
"City agrees that upon final approval of a final subdivision plat by the City Council of
the City of Dubuque for Parcel 3, 4, 5 or 6 and the commencemen! of construction of
the public improvements required by the resolution approving such plat. City shall
not later than twelve months after the commencement of such construction at City's
Annexation Plan
Page 4 of 6
sole expense extend City's Sanitary Sewer Collector Line A as shown on Exhibit A.
Any cost to extend Collector Line A beyond the point shown on Exhibit A is not the
subject of this Agreement. A Property Owner who connects to Collector Line A shall
pay the intercept connection charge established by the City in the amount of
$500.00 per acre for each acre or portion of an acre connected at the time Of
connection to the City sanitary sewer system.
The property owner of Parcel 12 who connects to the existing sewer collector west
of Seippel Road in the Dubuque Industrial Center West shall pay the intercept
charge established by the City in the amount of $500.00 per acre for each acre or a
portion of an acre connected at the time of connection to the City sanitary sewer
system.
City agrees that upon final approval of a final subdivision plat by the City Council of
the City of Dubuque for Parcel 4, 5 or 6 and the commencement of construction of
the public improvements required by the resolution approving such plat, City shal
not later than twelve months after the commencement of such construction at City's
sole expense extend City's Water Main A as shown on Exhibit A. Any cost to extend
Water Main A beyond the point shown on Exhibit A is not the subject of this
Agreement. A Property Owner who connects to Water Main A shaJ pay the
connection charge established by the City in the amount of $11 per lineal foot of
property frontage on Middle Road.
City agrees that upon final approval of a final subdivision plat by the City Council of
the City of Dubuque for Parcel 1, 2, 3 or 12 and the commencement of construction
of the public improvements required by the resolution approving such plat, City shall
not later than twelve months after the commencement of such construction at City's
sole expense extend City's Water Main B as shown on Exhibit A. Any cost to extend
Water Main B beyond the point shown on Exhibit A is not the subject of this
Agreement. A Property Owner who connects to Water Main B shall pay the
connection charge established by the City in the amount of $11 per lineal foot of
property frontage on Middle Road or Seippel Road."
A major issue for property owners along Middle Road was the concept of a divided
highway design for its future reconstruction. Currently, there are no plans to improve
Middle Road between Radford Road and Seippel Road. Three jurisdictions have
responsibility for Middle Road: the City of Asbury, the City of Dubuque and Dubuque
County. According to Mark Jobgen, County Engineer, the County has no plans to
upgrade this section of road. The City of Dubuque's five-year capital improvement
budget does not include any improvements to Middle Road.
The 2025 Long Range Transportation Plan of the Dubuque Metropolitan Area
Transportation Study (DMATS) recommended that Middle Road between Radford Road
and Seippel Road would be a divided four-lane road with left and right turn lanes at
intersections.
Annexation Plan
Page 5 of 6
To address this concern, there is an additional provision in the Agreement that reads:
"The City will also consider an amendment to the Dubuque Metropolitan Area
Transportation Study 2025 Long Range Transportation Plan that would eliminate the
reconstruction of Middle Road to a proposed four-lane "divided" road from Radford
Road to Seippel Road and revise the plan to an "undivided" roadway with access
across the centerline."
Another major issue for properly owners ~n the annexation area was that the City Code
requires that the owner of any property within 200 feet of a public sanitary sewer has to
connect to the property within 365 days. This connection can be delayed up to 15 years
from the date that the septic system was installed, if the septic system was properly
designed and maintained. For some of the farm properties, the principal residence may
be several hundred feet away from the property line. Running a sewer line to the
farmstead may be very expensive, if not impractical in some cases.
To address this concern City staff has submitted an amendment to the City Code
granting to the City Manager the authority to exempt property owners from the
requirement af connections to the City sanitary sewer if the sewer is within 200 feet of
the property line when the City Manager determines that such connection would be
im oracticable or would exact an undue hardship because of the conditions pertaining to
the property in question.
Recommendation
City staff has successfully completed negotiations with owners of 93% of the land in the
annexation area who are interested in voluntary annexation to the City of Dubuque.
The proposed annexation would add approximately 700 acres of land to Dubuque.
creating opportunities for new homes and businesses, and providing a neighborhood for
the Dubuque Community School District's proposed middle school.
The voluntary annexation would complement the City's Comprehensive Plan by
providing room for Dubuque to expand and creating lots for thousands of homes. Over
time, this annexation could increase the population of Dubuque by ' 0 percent.
This property is included in the City's 1996-1997 Annexation Study and is a preferred
area for annexation due to its proximity to the city limits, City of Dubuque infrastructure
and utilities, and to the City of Dubuq ae Industrial Center West. The industrial park is
currently the home of McGraw Hill, DDI and Giese Sheet Metal. Also, Alliant Energy,
the Adams Company and Vessel Systems plan to relocate to DICW.
Water and sanitary sewer services are adjacent to some of the properties and can be
easily extended to serve the rest of the area. Additionally, the majority of this area
Annexation Plan
Page 6 of 6
naturally drains to Dubuque. This allows the City to extend gravity sanitary sewer
service and reduces the need for more costly pumping stations.
Our annexation consultants have advised us that [his annexation plan is a classic 80/20
voluntary annexation that fits the statutory intent of the State Code. They noted that the
City of Dubuque is poised to provide City services to the area in a cost-effective
manner, reflecting good utilization of public resources.
Requested Action
We request that the City Council direct staff to proceed with the 80/20 annexation plan,
approve the terms of the pre-annexation Agreement that has been accepted by the
owners of 93% of the land in the annexation area, approve the amendment of the City
Code for sanitary sewer connections, and set a public hearing for December 1, 2003.
Enclosures
DUBUQUE ANNEXATION PLAN
Parcel # Properly Owner Acreage
1 Terrence Bahl & Martin & ~inda Baht 42.150
2 Bahl Family Partnership 146.570
3 Eldon & Loretta Bahl 108.350
4 Steven & Sandra Bahl 10.000
5 Marilyn Blake 37.200
6 Joseph & Mary Behnke 76.320
7 Terrence Bahl & Martin & Linda Bahl 99.500
8 Harold Nimmick 13.450
9 Peter Henkels 13.290
10 Rosean Mary Schromen Wilson 10.250
11 Callahan Construction East 39.250
12 Caltahan Construction West 74.940
13A Chades & Made Miller 0.286
13B Mark & Michelle Bahl 1.000
13C Mark & Amaelia Pasker 0.800
13D Francis & Darlene McDonald 1.010
13E Mark & Kimmie Heins 0.870
13F Douglas & Dianne Fdtsch 0.400
13G Elaine White 0.410
13H Lloyd & Jane Steffen 0.421
131 Allen & Mary Ann Lex 0,520
13J Stanley & Lou Ann Ward 2.606
13K Karen Cogan 1.969
13L Wayne Siebert 1.955
13M Donald & Luella Cogan 2.664
13N Mary Krabbenhoff 1.000
130 Kenneth & Maudne Hards 1,002
13P Gene & Jean Ports 0.670
13Q Wilfred & Vicky Bahl 0.860
Signed
Agreemeni
Acres
w/o consent
13.450
13.290
10.250
0.400
2.606
1.969
1.955
2.664
1.000
1.002
To~ls 689.713 48.586
8/15/2003
Percentage
opposAion
7.04%
Asbury Rd 3.837
Seippel Rd 3.847
Middle Rd 5.843
Total ROW 13.527
Grand Total 703.240 48.586 6.91%
August11,2003
XXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXX
Dubuque, Iowa 52002
Dear xx and xx xxxxxx:
This is follow-up to the August 8, 2003 letter which was delivered to you on Fdday.
I have had discussions with several properly owners and I have the answers to
questions that were asked:
1. What would be the classification of Middle Road if it were in the City; arterial,
collector or residential?
Arterial.
2. If a property owner is not ordered to connect to sewer because it is more than
200 feet from the property line, how much of the cost to travel that distance is
assessed to the property owner?
The property owner does not generally need to pay for any cost past the
200 feet. One exception would be if it took longer than 200 feet to get off
the property owner's land.
3. What is the current right-of-way of Middle Road? Would more right-of-way be
needed when the road is reconstructed?
The current right-of-way of Middle Road is 66 feet. Right-of-way is much
wider than the pavement width.
When Middle Road is widened, it will need more than 66 feet of right-of-
way because of the grading that will be needed to flatten out the road. It
is important to remember that these improvements will be needed if the
property is in Dubuque, Asbury or the County.
4. How much property is in the total annexation?
762.650 acres
There also was an error in my August 8 letter. The letter was referring to when a
property owner is required to connect to sewer, and it said "...once the City sewer is
constructed within 200 feet of a property owner's residence..." and it should have read,
"...once the City sewer is constructed within 200 feet of a property owner's property
line....' I apologize for this error.
Please call me with any further questions at home (556-7388), the office (589-4100) or
on my cell phone (590-1659).
Sincerely,
Michael C. Van Milligen
City Manager
MCVM:
August8,2003
RE: Annexation Agreement
Dear xxxxxxxxx~,xx:
Enclosed is a copy of an Agreement with the City of Dubuque for the voluntary
annexation of your property and property of your neighbors by the City of Dubuque. I
believe these terms are consistent with discussions City staff has had with property
owners over the last few weeks.
The purpose of this letter is to highlight the terms of the Agreement.
All of the property owners shown on the Exhibit attached to the Agreement will have the
opportunity to sign this Agreement in connection with voluntary annexation to the City of
Dubuque. However, only those property owners who choose to sign this Agreement will
be entitled to the benefits of this Agreement.
Hopefully, all of the property owners will sign this Agreement and return it to my office
not later than 5:00 p.m. on August 13, 2003, so that it may be placed on the Agenda for
the Dubuque City Council meeting of August 18, 2003. On August 18, 2003, the City
Council will receive and file the Agreement and all related requests for voluntary
annexation, and then set a public headng date. The public hearing will be held on
September 15, 2003.
In the event that less than all of the property owners approve [his Agreement by 5:00
p.m. on August 14, 2003, then the City may still decide to proceed with the Agreement.
However, if the City decides not to proceed with the Agreement, then the Agreement will
not take effect.
Also, the Agreement will be effective only as to the properties that are approved for
annexation by the State of Iowa City Development Board and only after a final Order is
entered by the City Development Board approving the annexation. This Agreement will
not apply to any properties not included in the Board's Order.
Subject to those conditions, the Agreement provides the following benefits to property
owners who choose to voluntarily annex to the City of Dubuque:
The City will provide for the transition for the imposition of the City's portion of
your property taxes for a pedod of five (5) years after the properties are annexed.
For the first year after City taxes are imposed, 75% of the value of the property
will be exempt from City taxes; for the second year, 60% will be exempt; for the
third year, 45% will be exem pt; for the fourth year, 30% will be exempt; and for
the fifth year, 15% will be exempt. Those are the maximum exemptions allowed
by state law.
The City will construct at the City's expense extensions of sanitary sewer
collector lines, shown on the Exhibit as Collector Line A and Line B. Any
extension of Line A or Line B beyond the points shown on the Exhibit, however,
would be at the expense of a property owner who desires to further extend those
lines. And, any property owner who eventually connects to Collector Line A or B
will be required to pay the interceptor connection charge established by the City
for connection to the City's sewer of $602.90 per acre of development.
The City will at the City's expense extend the City watermains as shown on the
Exhibit for Watermam A and Watermain B. Again, the cost to extend either
waterrnain beyond the point shown on the Exhibit would be the responsibility of a
property owner who desires to extend the watermain further. And, any property
owner who connects to Watermain A or B will be responsible for paying the
connection charge established by the City, in the amount of $11.00 per lineal foot
of property frontage on Middle Road or Seippel Road.
The City will also consider an amendment to the Dubuque Metropolitan Area
Transportation Study 2025 Long Range Transportation Plan that would eliminate
the reconstruction of Middle Road to a proposed four-lane "divided" road from
Radford Road to Seippel Road and rewse the plan to an "undivided" roadway
with access across the centerline.
For any property owner who is required to connect to the City sanitary sewer
once the City sewer is constructed within 200 feet of a property owner's
residence or if a property owner's current pdvate disposal system serving the
residence fails, the City will pay the cost to connect the residence to the City
sanitary sewer system and defer the cost recovery from the property owner until
the property is sold or otherwise disposed of.
This letter's only intended to provide a brief summary of the terms of the Agreement.
This letter is not a part of the Agreement and in the event of any conflict between this
letter and the Agreement, the terms of the Agreement prevail
Enclosed is a list of questions and answers about the City's regulations and plans for
the annexation area, a comparison of your property taxes with the five-year partial
exemption on City taxes, and a letter for you to sign requesting voluntary annexation.
If you have any questions about the Agreement or this letter, please call me at
589-4110, or on my cell phone at 590-1659, and would be happy to provide you with
any additional information you might need.
Very sincerely,
Enclosures
MCVM:tls
Michael C. Van Milligen
City Manager
AGREEMENT
BETWEEN AND AMONG
THE CITY OF DUBUQUE, IOWA
AND
CERTAIN PROPERTY OWNERS IN DUBUQUE COUNTY, IOWA
This Agreement is made and entered into this day of
2003 by, between and among the City of Dubuque, Iowa (City) and certain
owners of property situated in Dubuque County, Iowa.
WHEREAS, the following are the owners (referred to collectively as the
Property Owners) of the real properly shown on the attached Exhibit A:
Parcel 1
Terrence Bahl and Marlin & Linda Bahl
LEGAL DESCRIPTION: Lot 1-1-1-1-1 W 1/2 NW lying N of Road Section
19 T89N R2E; Lot 5 SW Section 18 T89N R2E
Parcel 2
Bahl Family Partnership
LEGAL DESCRIPTION: Lot 1-1-1-1-1 W 1/2 NW Lying S of Road Section
19 T89N R2E; Lot 2-1-1 of the SE NW Section 19 T89N R2E; N1/2 of the
NE SW Section 19 T89N R2E; N1/2 of the NW SE Section 19 T89N R2E;
NW SE Section 24 T89N RIE; SW SE Section 24 T89N RIE; W 1/2 SE
SE Section 24 T89N R1E; NE NW Section 19 T89N R2E
Parcel 3
EIdon & Loretta Bahl
South 1/2 of the NW SE Section 19 T89N R2E; Lot I of the SE of the SW
Section 19 T89N R2E; South 1/2 of the NE SW Section 19 T89N R2E; Lot
I of the West 30 Acres of the SW SE Section 19 T89N R2E
Parcel 4
Steven & Sandra Bahl
LEGAL DESCRIPTION:
R2E
East 10 Acres of the SW SE Section 19 T89N
Parcel 5
Madlyn Blake
LEGAL DESCRIPTIQN: Lot 1 of the SE SE Section 19 T89N R2E
Parcel 6
Joseph & Mary Behnke
LEGAL DESCRIPTIQN:
Section 30 T89N R2E
Lot 1-1-1-2 NE NE Section 30 T89N R2E; SE NE
Parcel 7
Terrence Bahl and Martin & Linda Bahl
LEGAL DESCRIPTION: NW SE Section 24 T89N R1E; SW SE Section
24 T89N R1E; W 1/2 SE SE Section 24 T89N R1E
Parcel 8
Harold Nimmick
LEGAL DESCRIPTION: Lot 1 of the East 901.6' of the North 650' of Lot 1
of A. Tigges Sub of NW NW Section 30 T89N R2E; Lot 2-2 of the East
901.6' of the North 650' of Lot 1 of A. Tigges Sub of NW NW Section 30
T89N R2E; Lot 1-2 of the East 901.6' of the North 650' of Lot lA of A.
Tigges Sub of NW NW Section 30 T89N R2E
Parcel 9
Peter Henkels
LEGAL DESCRIPTION: Lot 2 of Part of Lot 1 of A. Tigges Sub Section 30
T89N R2E; Lot 2-1 of Part of Lot 1 of A. Tigges Sub Section 30 T89N R2E;
Part of Lot 1-1-1 ofA. Tigges Sub of NW NW Section 30 T89N R2E
Parcel 10
Rosean Maw Schromen
LEGAL DESCRIPTION:
T89N R2E
Southerly 10.25 Acres of Lot 1 of A. Tigges Sub
Parcel 11
Callahan Construction East
LEGAL DESCRIPTION: Lot 1 of the SW of the NW of Section 30 T89N
R2E and Lot 2 of the SE of the NW of Section 30 T89N R2E
Parcel 12
Callahan Construction West
LEGAL DESCRIPTION: NE NE Section 25 T89N R1E; Lot 1-1
Section 25 T89N R1E; Lot 2 SE NE Section 25 T89N RIE
SE NE
Parcel 13a
Charles & Marie Miller
LEGAL DESCRIPTION: Lot 2 of the SE of the NW Section 19 T89N R2E
Parcel 13b
Mark & Michelle Bahl
LEGAL DESCRIPTION: Lot 2 of the SE SW Section 19 T89N R2E and
Lot 2 of the W 30 acres of the SW SE Section 19 T89N R2E
Parcel 13c
Mark & Amaelia Pasker
LEGAL DESCRIPTION: Lot 2 of SE SE Section 19 T89N R2E
Parcel 13d
Francis & Darlene McDonald
LEGAL DESCRIPTION: Lot 2-1-2 of the NE NE Section 30 T89N R2E
Parcel 13e
Mark & Kimmie Heins
LEGAL DESCRIPTION: Lot 2-2 of the NE NE Section 30 T89N R2E
Parcel 13f
Douglas & Dianne Fritsch
LEGAL DESCRIPTION: Lot 1 of the NE NE Section 30 T89N R2E and Lot
2-1-1-2 of the NE NE Section 30 T89N R2E
Parcel 13g
Elaine White
LEGAL DESCRIPTION:
Lot 2 of the NW NE Section 30 T89N R2E
Parcel 13h
Lloyd & Jane Steffen
LEGAL DESCRIPTION: Lot 2-1 of the NW NE Section 30 T89N P.2E
Parcel 13i
Allen & Mary Ann Lex
LEGAL DESCRIPTION:
R2E
Lot 2 Sub E 10 Acres NE NW Section 30 T89N
Parcel 13j
Stanley & Lou Ann Ward
LEGAL DESCRIPTION: Lot 1-4-1 of the SW SW Section 19 T89N R2E
Parcel 13k
Karen Co.qan
LEGAL DESCRIPTION: Lot 2-6-1 of the SW SW Section 19 T89N R2E
Parcel 131
Wayne Siebert
LEGAL DESCRIPTION: Lot 2-4-1 of the SW SW Section 19 T89N R2E
Parcel 13m
Donald & Luella Cogan
LEGAL DESCRIPTION: Lot 1-6-1 of the SW SW Section 19 T89N P,2E
Parcel 13n
Mary Krabbenhoft
LEGAL DESCRIPTION: Lot 4 of A. Tigges Sub Section 30 T89N R2E; Lot
5 of A. Tigges Sub Section 30 T89N R2E
Parcel 13o
Kenneth & Maudne Harris
LEGAL DESCRIPTION: Lot 2-1 of the SE NE Section 25 T89N R1E
Parcel 13p
Gene and Jean Fotts
LEGAL DESCRIPTION: Lot 1 of Potts Place lying outside the Asbury city
limits T89N R2E
Parcel 13q
Wilfred R. Jr. and Vick¥ L. Bahl
LEGAL DESCRIPTION: Lot 1-1-1 SE NW Section 19 T89N R2E
WHEREAS, the Property Owners are interested in annexation to the City
of Dubuque, Iowa; and
WHEREAS, as an incentive to the Property Owners to voluntarily annex to
the City of Dubuque, City is willing to enter into this Agreement, but only upon the
terms and conditions set forth herein.
NOW, THEREFORE, IT IS AGREED BY AND AMONG THE PARTIES AS
FOLLOWS:
1. This Agreement is subject to final approval and execution by the
Property Owners by not later than August 14, 2003. In the event that all of the
Property Owners do not approve this Agreement by such date, the City in its sole
discretion may determine whether or not to proceed with this Agreement as to
the Property Owners who have approved and executed this Agreement. If the
City determines not to proceed, then this Agreement shall be null and void.
2. This Agreement is subject to final approval by the City of Dubuque City
Council by not later than December 1, 2003. If this Agreement is not approved by
such date, it shall be null and void.
3. This Agreement is subject to a final order of the City Development
Board, after the exhaustion of'any and all appeals from the action of the Board or
the expiration of the time within which such appeals may be brought, approving
the voluntary annexation of any of the following properties (the Annexation
Properties) shown on Exhibit A:
Parcels 1 through and including 12, and Parcels 13a through and including 13q
n the event the City Development Board order approves such annexation
as to less than all of the Property Owners' properties, this Agreemenl shall be
null and void with respect to any of the Property Owners' properties not included
in the Board's order.
4. By not later than August 14, 2003, all of the Property Owners shall file
with the City an application for the voluntary annexation of such Property
Owners' property. Each Property Owner agrees not to withdraw the application or
any part thereof after its filing with the City Council.
5. Upon the filing-of the Property Owners' applications for voluntary
annexation, the City shall promptly consider the applications and if the
applications are approved by the City Council, transmit the applications to the
City Development Board as provided by law.
6. City agrees if the applications are approved, the resolution approving
the applications shall provide for the transition for the imposition of city taxes
against the Property Owners' properties. The Property Owners' properties shall
be entitled to the following partial exemption from taxation for city taxes for a
period of five years:
1. For the first year, seventy-five percent.
2. For the second year, sixty percent.
3. F:or the third year, forty-five percent.
4. Forthe fourth year, thirty percent.
5. For the fifth year, fifteen percent.
7. City agrees that upon final approval of a final subdivision plat by the
City Council of the City of Dubuque for Parcel 3, 4, 5 or 6 and the
commencement of construction of the public 'tmprovements required by the
resolution approving such plat, City shall not later than twelve months after the
commencement of such construction at City's sole expense extend City's
Sanitary Sewer Collector Line A as shown on Exhibit A. Any cost to extend
Collector Line A beyond the point shown on Exhibit A is not the subject of this
Agreement. A Property Owner who connects to Collector Line A shall pay the
intercept connection charge established by the City in the amount of $500.00 per
acre for each acre or portion of an acre connected at the time of connection to
the City sanitary sewer system.
8. City agrees that upon final approval of a final subdivision plat by the
City Council of the City of Dubuque for Parcel 1, 2, or 3 and the commencement
of construction of the public improvements required by the resolution approving
such plat, City shall not later than twelve months after the commencement of
such construction at City's sole expense extend City's Sanitary Sewer Collector
Line B through Parcels 8, 9 and 10 as shown on Exhibit A. Any cost to extend
Collector Line B beyond the point shown on Exhibit A is not the subject of this
Agreement. A Property Owner who connects to Collector Line B shall pay the
intercept connection charge established by the City in the amount of $500.00 per
acre for each acre or portion of an acre connected at the time of connection to
the City sanitary sewer system.
9. City agrees that upon final approval of a final subdivision plat by the
City Council of the City of Dubuque for Parcel 8 and the commencement of
construction of the public ~mprovements required by the resolution approving
such plat. City shall not later than twelve months after the commencement of
such construction at City's sole expense extend City's Sanitary Sewer Collector
Line B through Parcels 9 and 10 as shown on Exhibit A..Any cost to extend
Collector Line B beyond the point shown on Exhibit A is not the subject of this
Agreement. A Property Owner who connects to Collector Line B shall pay the
intercept connection charge established by the City in the amount of $500.00 per
acre for each acre or portion of an acre connected at the time of connection to
the City sanitary sewer system.
10. City agrees that upon final approval of a final subdivision plat by the
City Council of the City of Dubuque for Parcel 9 and the commencement of
construction of the public ~mprovements required by the resolution approving
such plat, City shall not later than twelve months after the commencement of
such construction at City's sole expense extend City's Sanitary Sewer Collector
Line B through Parcel 10 as shown on Exhibit A. Any cost to extend Collector
Line B beyond the point shown on Exhibit A is not the subject of this Agreement.
A Property Owner who connects to Collector Line B shall pay the intercept
connection charge established by the City in the amount of $500.00 per acre for
each acre or portion of an acre connected at the time of connection to the City
sanitary sewer system. The property owner of Parcel 12 who connects to the
existing sewer collector west of Sei ppel Road in the Dubuque Industrial Center
West shall pay the intercept charge established by the City in the amount of
$500.00 per acre for each acre or a portion of an acre connected at the time of
connection to the City sanitary sewer system.
11. City agrees that upon final approval of a final subdivision plat by the
City Council of the City of Dubuque for Parcel 4 5 or 6 and the commencement
of construction of the public improvements required by the resolution approving
such plat, City shall not later than twelve months after the commencement of
such construction at City's sole expense extend City's Water Main A as shown
on Exhibit A. Any cost to extend Water Main A beyond the point shown on Exhibit
A is not the subject of this Agreement. A Property Owner who connects to Water
Main A shall pay the connection charge established by the City in the amount of
$11 per lineal foot of property frontage on Middle Road.
12. City agrees that upon final approval of a final subdivision plat by the
City Council of the City of Dubuque for Parcel 1, 2. 3, 8, 9, 10 or 12 and the
commencement of construction of the public improvements required by the
resolution approving such plat, City shall not later than twelve months after the
commencement of such construction at City's sole expense extend City's Water
Main B as shown on Exhibit A. Any cost tdextend Water Main B beyond the
point shown on Exhibit A is not the subject of this Agreement. A Property Owner
who connects to Water Main B shall pay the connection charge established by
the City in the amount of $11 per lineal foot of property frontage on Middle Road
or Seippel Road.
13. The City will also consider an amendment to the Dubuque
Metropolitan Area Transportation Study 2025 Long Range Transportation Plan
that would eliminate the reconstruction of Middle Road to a proposed four-lane
"divided" road from I~adford Road to Seippe] F~oad and revise the plan to am
"undivided" roadway with access across the centedine.
14. If, following annexation of the Property Owners' properties, City for any
reason requires a Property Owner to connect a Property Owner's residence
located on the property as of the date of this Agreement to City's sanitary sewer
system, City shall pay all costs of connecting such property to the sanitary sewer
system. A Property Owner shall be assessed by City for such costs but the
assessment shall be deferred without interest until the ProperLy Owner disposes
by sale or otherwise of the property on which such residence is located, at which
time such assessment (without interest) shall become due. If at the time the
assessment becomes due the Property Owner elects to defer payment as
provided by Iowa Code ch. 384, interest shall accrue as provided in ch. 384 from
the date the assessment became due.
15. This Agreement shall apply to and bind the successors in interest of
the parties.
16. The parties agree that all understandings and agreements if any,
previously made between the parties hereto are merged in this Agreement, which
alone fully and completely expresses their understanding with respect to the
subject of this'Agreement. This Ag reement may not be changed or terminated
orally, but only by an instrument in wdting executed by all of the parties hereto.
CITY OF DUBUQUE, IOWA
By
Michael C. Van Milligen, City Manager
City of Asbury
m
Water
Main
B
DDLE RD
Annexation Exhibit A
Parcels 13a - 13q
City water (proposed mains A & B)
City water (existing)
City sewer (existing)
City sewer (proposed
collectors A & B)
Callahan sewer collector
(planned)
,,,,~, , , Asbury city limits
Dubuque city limits
pl\kay\callahananalysis\8ll 2~03
Sewer Coll~
m
Water MainAI
Sewer Collector
City of Dubuque
ACCEPTANCE OFAGREEMENT
I. the property owner of parcel 5, legally described as Lot 1 of the SE SE Section
19 T89N R2E in Dubuque County. Iowa. having read the terms and conditions of the
foregoing agreement, and being familiar with the conditions thereof, hereby accept this
same and agree to the conditions required within.
The acceptance of this agreement is subject the adoption of an amendment to the City
of Dubuque Code of Ordinances by the City of Dubuque City Council granting to the
City Manager the authority to exempt property owners from the requirement of
connections to the City sanitary sewer if the sewer is within 200 feet of the property line
when the City Manager determines that such connection would be impracticable or
would exact an undue hardship because of the conditions pertaining to the property in
question.
Marilyn BI~
Dated August 1¢ , 2003
The Honorable Mayor & City Council Members
City' of Dubuque
City Hall- 50 W. 13"~ Street
Dubuque fA 52001
RE: Voluntan~, Artnexation Request
Dear Mayor & City Council Members:
I, Joet Callahan, President, Caitahan Construction Inc., owner of 74.94 acres of
properbj along Middle Road, legally described as NE NE Section 25 T89N R1E;
Lot t-1 SE NE S~.tion 25 T89N R1E; Lot2 SE[ NE Section 25 T89N RtE in
Dubuque County, Iowa, request ann~xa~on of this prope,~c~ to the City' of
Dubuque, lowa~ This parcel is #12 on the Annexation Exhibit A map enclosed for
your information.
This application is concurrent with rezoning of the above property. I am
requesting to a combination of CS Commercial SepJices and Wholesale District
and L! Light Industr'.~l District as shown on the enclosed aerial photo.
Sincerely,
Jo~l Ca'tlahan, President
Callahan Construction Inc.
Dated August J~ , 2003
ACCEPTANCE OFAGREEMENT
"2
I. the property o~,gaer of parcel , , !egally.descdbed as NE NE Section 25 T89N
RIE; Lot 1-1 SE NE Section 25 T89N RIE; Lot 2 SE NE Section 25 T89N RIE in
Dubgque County, Iowa, having read the terms and cond~ons of the foregoing
agreement, and being familiar with the condPJons thereof, hereby accept this same and
agree to the conditions required within, concurrent with rezoning of tube above property.
Joe) Callahan, President
Cat!ahan Construction Inc.
Dated August I~ , 2003
ACCEPTANCE OFAGREEMENT
I the property owner of parcel 11, legally described as Lo1 1 of the SW of the NW
of Section 30 T89N R2E and Lot 2 of the SE of the NW of Section 30 T89N R2E, having
read the terms and conditions of the foregoing agreement, and being familiar with the
conditions .*hereof, hereby accopt this same and agree to the condi~ons required within,
concurrent w~th rezoning of the above properby.
Joel Callahan, President
CaJ!ahan Construction Inc.
Dated August iff , 2003
The Honorable Mayor & City Council Members
City of Dubuque
City Hall - 50 W. 13TM Street
Dubuque IA 52001
RE: Voluntary, Annexation Request
Dear Mayor & City Council Members:
1, Elaine M. White. owner of 0.41 acre of property along Middle Road, legally
described as Lot 2 of the NW NE Section 30 T89N R2E in Dubuque County,
Iowa, request annexation of this proper~y to the City of Dubuque, Iowa. This
parcel is #139 on the Annexation Exhibit A map enclosed for your information.
Sincerely,
Elaine M. White
Dated August/_~, 2003
ACCEPTANCE OF AGREEMENT
I, the property owner of parcel 139, legally described as Lot 2 of the NW NE
Section 30 T89N R2E in Dubuque County, Iowa. having read the terms and conditions
of the foregoing agreement, and being familiar with the conditions thereof, hereby
accept this same and agree to the conditions required within.
Elaine M. White
Dated August' i L/, 2003
The Honorable Mayor & City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque IA 52001
RE: Volunt,aryAnnexation Request
Dear Mayor & City Council Members:
We, Gene & Jean Potts. owners of 0.67 acre of property along Asbury Road,
legally described as Lot 1 of Potts Place lying outside the Asbury city limits in
T89N R2E in Dubuc ue County, Iowa. request annexation of this 2roperty to the
City of Dubuque, iowa. This parcel is #13p on the Annexation Exhibit A map
enclosed for your information.
Sincerely, ~/~,~ /~ ¢ ~. ~~ [~
Gen~C--J. Ports ¢
Dated August _~, 2003
J~n A. Potts
Dated August /~', 2003
ACCEPTANCE OF AGREEMENT
We, the property owners of parcel 13p, legally described as Lot I of Potts Place
lying outside the Asbury city limits in T89N R2E in Dubuque County, Iowa, having read
the terms and conditions of the foregoing agreement, and being familiar with the
conditions thereof, hereby accept this same and agree to the conditions required within.
Gene J. Pott~
Dated August /,~, 2003
~an A. Pot-ts --
Dated A0gust _~, 2003
The Honorable Mayor & City Council Members
City of Dubuque
City Hall- 50 W. 13~ Street
Dubuque IA 52001
RE: Voluntary Annexation Request
Dear Mayor & City Council Members:
We, Francis J. & Oadene Mc Donald, owners of 1.01 acres of property along
Middle Road. legally described as Lot 2-1-2 of the NE NE Section 30 T89N R2E
in Dubuque County, Iowa, rec ues[ annexation of this property to the City of
Dubuque, Iowa. This parcel is #13d on the Annexation Exhibit A map enclosed
for your information.
Sincerely,
Francis J. Mcdonald
Darlene McDonald
Dated August //¢, 2003
Dated August /z/, 2003
ACCEPTANCE OFAGREEMENT
We, the property owners of parcel 13d, legally described as Lot 2-1-2 of the NE
NE Section 30 T89N R2E in Dubuque County, Iowa, having read,the terms and
conditions of the foregoing agreement, and being familiar with the conditions thereof,
hereby accept this same and agree to the conditions required within.
Francis J. M~Donald
Darlene McDonald
Dated August /¢, 2003 Dated August / IL, 2003
The Honorable Mayor & City Council Members
City of Dubuque
City Hall- 50 W. 13th Street
Dubuque IA 52001
RE: Voluntary Annexation Request
Dear Mayor & City Council Members:
We, Joseph J. & Mary A. Behnke, owners of 76.32 acres of property along
Middle Road, legally described as Lot 1-1-1-2 NE NE Section 30 T89N R2E;
SE NE Section 30 T89N R2E in Dubuque County, Iowa, request annexation of
this property to the City of Dubuque, Iowa This parcel is #6 on the Annexation
Exhibit A map enclosed for your information.
Sincerely,
J~seph ~. B~hni~e
IVfa{y A. B/ehnke
Dated August ~¢, 2003 Dated August J_~, 2003
ACCEPTANCE OF AGREEMENT
We, the property owners of parcel 6, legally described as Lot 1-1-1-2 NE
NE Section 30 T89N R2E; and SE NE Section 30 T89N R2E in Dubuque County, Iowa,,
having read the terms and conditions of the foregoing agreement, and being familiar
with the conditions thereof, hereby accept this same and agree to the conditions
required within.
The acceptance of this agreement is subject the adoption of an amendment to the City
of Dubuque Code of Ordinances by the City of Dubuque City Council granting to the
City Manager the authority to exempt property owners from the requirement of
connections to the City sanitary sewer if the sewer is within 200 feet of the property line
when the City Manager determines that such connection would be impracticable or
would exact an undue hardship because of the conditions pertaining to the property in
question.
J~Cseph¢3. Bel~/~ke
Mary A. B~hnke
Dated August /¢', 2003 Dated August ~.'~ , 2003
The Honorable Mayor & City Council Members
City of Dubuque
City Hall - 50 W. 13~' Street
Dubuque tA 52001
RE: Voluntary Annexation Request
Dear Mayor & City Council Members:
We. Allen F. & Mary Ann Lex, owners of 0.52 acre of property along Middle
Road, legally described as Lot 2 Sub E 10 Acres NE NW Section 30 T89N R2E
in Dubuque CounbJ, Iowa, request a nnexation of this propevq/to the City of
Dubuque, Iowa. This parcel is #13i on the Annexation Exhibit A map enclosed
for your information.
Sincerely,
Allen F. Lex
Dated August ,~__~, 2003
Dated August ,~L/L.. 2003
ACCEPTANCE OF AGREEMENT
We, the property owners of parcel 13i, legally described as Lot 2 Sub E 10 Acres
NE NW Section 30 T89N R2E in Dubuque County, Iowa, having read the terms and
conditions of the foregoing agreement, and being familiar with the con(]itions thereof,
hereby accept this same and agree to the conditions required within.
Alien F. Lex --
Mary An~'Lex
Dated August//¢.., 2003
Dated August _/7~, 2003
The Honorable Mayor & City Council Members
City of Dubuque
City Hall- 50 W. 13~ Street
Dubuque IA 52001
RE: Voluntary Annexation Request
Dear Mayor & City Council Members:
We, Steven & Sandra Bah] owners of 10.00 acres of propers/located at 14285
Middle Road, legally described as the East 10 Acres of the SW SE Section 19
T89N R2F in Dubuque County, Iowa, request annexation of this property to the
City of Dubuque, Iowa. This parcel is ¢4 on the Annexation Exhibit A map
enclosed for your information.
Sincerely,
Sandra Ba~l
Dated August /2_, 2003 Dated August ./ ~ 2003
ACCEPTANCE OF AGREEMENT
We, the property owners of parcel 4, legally described as East 10 Acres of the
SW SE Section 19 T89N R2E in Dubuque County, Iowa, having read the terms and
conditions of the foregoing agreement, and being familiar with the conditions thereof,
hereby accept this same and agree to the conditions required within.
'~te~e-n Bahl
Sandra BaNI
Dated August / Z., 2003 Dated August ] c~ , 2003
The Honorable Mayor & City Council Members
City of Dubuque
City Hail - 50 W. 13th Street
Dubuque IA 52001
RE: Voluntary Annexation Request
Dear Mayor & City Council Members:
We, Eldon & Loretta Bahl, owners of 108.35 acres of property along Middle
Road legally describec as the South 1/2 of the NW SE Section 19 T89N R2E'
Lot 1 of the SE of the SW Section 19 T89N R2E; South 1/2 of the NE SW
Section 19 T89N R2E: Lot I of the West 30 Acres of the SW SE Section 19
T89N R2E in Dubuque County, Iowa. request annexation of this properuy to the
City of Dubuque Iowa. This parcel is ¢3 on the Annexation Exhibit A map
enclosed for your information.
Sincerely,
Eldon J. B~hi
Lorett~ C. :~ahi
Dated August /% , 2003
Dated August /.7.7.~, 2003
ACCEPTANCE OF AGREEMENT
We, the property owners of parcel 3, legally described as South 1/2 of the NW
SE Section 19 T89N R2E; Lot I of the SE of the SW Seotion 19 T89N R2E; South 1/2
of the NE SW Section 19 T89N R2E; Lot 1 of the West 30 Acres of the SW SE Section
19 T89N R2E in Dubuque County, Iowa, having read [he terms and conditions of the
foregoing agreement, and being familiar with the conditions therepf, hereby accept this
same and agree to the conditions required within.
Eldon J. Bahl
Loretta C. Bah
Dated August [ ~ , 2003
Dated August /.~ 2003
The Honorable Mayor & City Council Members
Ci~ of Dubuque
Ci~ Hatl- 50 W. 13th Street
Dubucue IA 52001
RE: Voluntary Annexation Request
Dear Mayor & City Council Members:
We. Mark A. & Michelle M. Bahl, owners of 1.00 acre of property along Middle
Road. legally described as Lot 2 of the SE SW Section 19 T89N R2E and Lot 2
of the W 30 acres of the SW SE Section 19 T89N R2E in Dubuque County, Iowa,
request annexation of this property to the City of Dubuque, Iowa. This parcel is
#13b on the Annexation Exhibit A map enclosed for your information.
Sincerely,
'M~k A Bahl
Dated August/~, 2003
Dated August /0~., 2003
ACCEPTANCE OF AGREEMENT
We, the property owners of parcel 13b, legally described as Lot 2 of the SE SW
Section 19 T89N R2E and Lot 2 of the W 30 acres of the SW SE Section 19 T89N R2E
in Dubuque County, Iowa, having read the terms and conditions of the foregoing
agreement, and being familiar with the conditions thereof, hereby accept this same and
agree to the conditions required within.
Micheile M, Baht
Dated August /¢~,, 2003 Dated August /c~, 2003
The Honorable Mayor & City Council Members
City of Dubuque
City, Hall - 50 W. 13th Street
Dubuque IA 520(31
RE: Voluntary Annexation Request
Dear Mayor & City Council Members:
We, Mark L. & Amaelia L. Pasker, owners of .80 acre of property along Middle
Road. legally described as Lot 2 of SE SE Lot 2 Section 19 T89N R2E in
Dubuque County, Iowa, request annexation of this proper~j to the City of
Dubuque. Iowa. This parcel is #13c on the Annexation Exhibit A ms ~ enclosed
for your information.
Sincerely,
Mark L. Pasker
,~naelia L. Pasker
Dated August J ~ , 2003 Dated August /~ , 2003
ACCEPTANCE OFAGREEMENT
We, the property owners of parcel 13c, legally described as Lot 2 of SE SE Lot 2
Section 19 T89N R2E in Dubuque County, Iowa, having read the terms and conditions
of the foregoing agreement, and being familiar with the conditions thereof, hereby
accept this same and agree to the conditions required within.
Mark L. Pasker
Atnaelia L Pasker
Dated August / ~ , 2003 Dated August /,5 , 2003
The Honorable Mayor & City Council Members
City of Dubuque
City Hall - 50 W. 13~ Street
Dubuque IA 52001
RE: Voluntary Annexation Request
Dear Mayor & City Council Mem[}ers:
We, Lloyd C. & .lane A. Steffen, owners of 0.421 acres of property along Middle
Road, legatly described as Lot 2-1 of the NW NE Section 30 T89N R2E in
Dubuque County, Iowa, request annexation of this properly to the City of
Dubuque. Iowa This parcel is #13h on the Annexation Exhibit A map enclosed
for your information.
Sincerely,
LloC'd C. Steffen//
Cf'Jane A. Steffen
Dated August/,-~, 2003
Dated August /.~, 2003
ACCEPTANCE OF AGREEMENT
We, the property owners of parcel 13h, legally described as Lot 2-1 of the NW
NE Section 30 T89N R2E in Dubuque County, Iowa, having read the terms and
conditions of the foregoing agreement, and being familiar with the conditions thereof,
hereby accept this same and agree to the conditions required within.
Jane A~: Steffen
Dated August /~_,. 2003
Dated August /~, 2003
Listed below are some of the q uestions your neighbors have asked
regarding the proposed annexation. Please review this information
and see how it pertains to your particular property,
What is the City's annexation plan for this area?
The City of Dubuque has received requests from several property owners lo annex
approximately 500 acres of farmland along Middle Road. Seippel Roa :J and Asoury
Road.
To annex property, there must be at least 50 feet of common boundary between the
property and the city limits The City will ann ex POrtions of Mi¢ :fie Road. Seippel Road
and Asbury Road to comply with the State Code. -
To do [his annexation, the City also will need to annex a number of smaller properties to
meet the State Cooe. These smaller proper[ies are mostly single family homes. The
State Code does not allow a City to annex.iust the large farms, and leave the smaller
lots in the County. This creates "islands" of land in the County, which is against State
Code. State law allows a voluntary annexation to inClude proper~y without the consent of
the owner [o avoid creating an island or to create more uniform boundaries.
The City's p/an is to have as many of these single family homes as possible voluntarily
annex to the City of Dubuque. The City is offering two incentives for your voluntary
annexation 1) a partial exemption of City property taxes over a five-year period: and 2)
a delay of the assessment for connection to the sanitary sewer system until [he property
is sold or otherwise disposed of. if the City requires connection to the sewer system.
How can the City annex my property without my consent?
According to ~ne State Code. the City can include this land without the owner's consent
to avoid creating an island and to create more uniform boundaries. This property must
not exceed 20% of the total land area included in the annexation request.
What is the process for annexation? i-iow, can I comment on this annexation?
The City Council will hold a public hearing on September 15 on [he annexafior plan
prior to votrng on the proposal, if the City Council approves the voluntary annexation to
include land without the owner's
State of Iowa'- ,-':- ,. . consent, then the annexation request is sent [o the'
~ ~,~ty uevelopment Boa~rd in Des Moines. The Board then will scneoL~le 8
public hearing in Dubuque for all the =ffected proper'b, owners and the County. The
Board must approve this type of annexation request by a four-fifths vote of the
members. Th ~ public head?s are open meetings.
writing at or before the meedng, and verbally at the Comments can be submitted in
meeting.
Page 1
What is the future status of Middle Road?
Currently, there are no plans to improve Midd~a Road between Radford Road and
Seippel Road. Three jurisdictions have responsibility for Middle Road: the City of
Eng~neerASbury' thetheCitYcountyOf Dubuquehas and Dubuque County. According to Mark Jobger~, County
D , nc plans to upgrade this secdon of road. The CiTy of
ubuque s fTve-year capital improvement budget does not include any improvements to
Middle Road,
The 2025 of the Dubuque Metropolitan Area Transportation Study (DMATS}
recommended that Middle Road between Radford Road and Seippel Road would Be a
divided four-lane road with left aha right turn lanes au intersections.
The City of Dubuque will consider an amendment [o the DMATS 2025 Long Range
Transportation Plan ~nat would eliminate the reconstruction of Middle ROad To a four-
and d wded road from Radford Road to Seippel Road. and revise [ne plan to an
"undivided" roadway with full access across the centerline.
How will the City handle truck traffic on Middle Road and Seippel Road?
The City designates truck routes throughout the community for trucks registered for a
gross weight limit exceeding ten thousand pounds (5 tons}. These trucks must travel
over marked highways when operating in the City except when the destination is in the
City on a street that is not the highway. To get to this destination, the truck must use the
closest and most dJrec[ route.
The City Manager is authorized to designate and establish Dy apPropriate signs
alternate truck routes and ~o post signs limiting trucks registered with a gross weight
limit exceeding ten thousand pounds (5 tons} from operating on non-highway streets
like Middle Road and Selppel Road.
The Oity has acquired the necessary right-of-way and has budgeted to complete the
connection of Chavenelle Road from where it ends near Nordstrom's to where it ends in
the new industrial Dark off Seippel Road. the DuBuque Industrial CenTer West. When
completed. Chavene/le ROad will provide a truck route from the Northwest Arterial (iowa
32) to Seippel Road and Dodge Street (U.S. 20/ that should also help pull trucks off of
Middle Road and Seippel Road north of the Dubuque Industrial Center West.
Are there any plans to e~tend Heacock Road from Middle Road to Chavenelle,
Road?
,
Page 2
Do I have to tie into City water when it becomes available?
No. the City of Dubuque does not require Connection to City water unless the property
owner desires service. The current connection charge for a water mair is $'11 00 per
front foot of property. The property owner is also responsible for the cost and the
installation of the pnvate service connector from the City main £o the home 2r building.
What is the schedule for water main eztensions to Heacock Road?
Currently the City of Dubuque is reviewing the cost to extend the16-Jnch wate- ma~n
from its present location approximately 900 feet east of Heacock Road lo approximately
200 feet west of Heacock Road. We are also looking at an acceleratea Plan to extend
this main to provide additional fire support and water service to this area.
Do I have to connect to sanitary sewer?.
The City Code requires that the owner of any property w/thin 200 feet of a public
sanitary sewer has to connect to the property within 365 days. This connectior
delayed up to 15 years from the date that the septic system was instal'led, if the can be
system was properly designed and maintained, septic
If any property ~s required to connect to the City's sanitary sewer system, the City of
Dubuque will ex'ten d the service to the property and connect [he private
City sanitary sewer. For property owners who sign the Agreement, the system to the
City will bear all
initial costs associated with this connection and will levy the cost as an assessment if
and when [he property is sold or otherwise disposed of.
Will we have to pay for future street assessments?
The City of Dubuque ha.s, two major types of street maintenance programs to improve
the condition of the streeLs. The first, an asphalt overlay, is funded by the City and does
qot involve street assessments. The second, street reconstruction, ooes involve street
assessments. Future street assessments will be paid by a property owner as follows:
· Any residential properties within 300 feet of the proposed road would pay a street
assessment. There would be 10 years to pay for the street improvements.
· Currently, the City of Dubuque utilizes the 1% Local Option Tax that pays for .,
apProximately 75% of the cost for owner-occupied property owners' assessmerr~s.
Regardles~ of the width ~f any future street improvements or the volume of traffic.
the prope~y would not pay more than a local neighborhood stree[ in the City whict~ is
31 feet Wide. Also depending on the street classification, the assessment may
decrease, for example: residence along a collector street will pay 15% less, and on
an arterial 'street. 25% less. All residential properties along Middle Road and
Page 3
SeiDoel Road would pay future street assessments as would any other property
within the City of Dubuque.
· Any property that is assessed and used as agricultural would be able to apply for an
annual agricultural exemption for [he street assessment. The deferment would be in
effect 8s iong as the properly is assessed and .~sed for agricultural purposes
· The approximate street assessment for property owners would be approximately
15% of the actu al street constructior- cost.
May I have a recreational fire within the city limits?
Recreational fires are allowed under [he following conditions:
· Burning is limited to charcoal products or firewood that is dried, split or sawn to
lengths no greater than four feet.
· Physical containment of the fire must be used with adequate separation from
combustibles and vegetation.
No processed wood such as 2 x 4, plywood, building materials, etc. may be burned.
Fires are to De kept to a small size with flame height under five i'eet.
Atmosphere conditions should be such that allows for smoke and gasses to rise .~o
and away. If smoke, gases and the fire become a nuisance, the fire must be
extinguished.
Burning of Papers. garden wastes, rubbish, refuse, grass, leaves or brush is
prohibited.
Can a person burn solid waste or trash within the city limits?
:)enods.N° except by permission of the City Manager, when it would be for limited and specific
Can a person discharge paint guns, BB guns, pellet guns, firearms, and fireworks
in the city limits?
According to City Code no one can discharge or fire an can ,
gun, or other firearms or se ~ ~,. ~..... ¢, ....... Y , nor- gun, bomb, pistol, a~r
t o_ ... ,.,~.,, ,-~uraoKers, torpedoes, sky rockets. Roman
candles, or other fireworks of like constructior- ~r any fireworks containing any explosive
or inflammable compound, or other device containing any explosive within the City:
limits
The City Council may, upon application in writing, grant a permit for the display and use
of fireworks by any organizatior or groups of individuals when such fireworks display
will be handled by a competent operator.
Page 4
The City Council may, upon application in writing, grant a permit for the operation of a
firing range in which'the discharge of firearms for training, recreational or competitive
events would be allowed upon showing that the range would be under the direction of a
competent organization, group or individual.
The Police or their designee may use firearms to control rodent or animal problems
when it is evident that conventional control methods have not resolved the problem.
Can a person use a bow and arrow within the City limits?
According to the City Code. no one can use any slingshot of any kind. or willfully or
carelessly throw any stone, stick or other rn ssile in SUCh a manner as to hit. ',n. are or
endanger any person, or w~ndow or other proper~y, or.for any person within the
corporate limits of the City to hunt with a bow and arrow. Target practice with a DOW
and arrow is al owed.
The hunting with bow and arrow of deer is allowed in the City limits by persons licensed
by and during the period of time authorized by the Iowa Department of Natural
Resources and issued a permit by the City.
Do I have to license rny pet?
According to City Code it is unlawful for the owner or keeper of any domesticated
species of cat or dog to keep or maintain such animal unless the dog or cat has been
vaccinated against rabies by a licensed veterinarian with a vaccine approved by the
Iowa Department of Agriculture Administration.
Can a dog run loose on a farm or large lot within the City limits?
Any dog or cat in the City limits must be confined to the property by a leash or a fence
or accompanied by the owner within an open area where the animal would respond to
the master's command:.
Are animal odors from livestock a problem within the City limits?
The City Code aces not address odors or smells. However, the Code does prohibit the
accumulation of solid waste and noxious substances which could create an odor. -Fhe
Code does allow for the safe accumulation of animal waste by commercial livestoc~
processing facilities. Therefore. if animal waste was accumulated in a safe and
appropriate manner, it would be in compliance with the City Code.
Page 5
How will my stormwater utility fee be determined?
It is based on the runoff contribution attributed to a property. Runoff contribution is the
amount of runoff and poltution that leaves a property relative to other properties in the
City. The amount of hard surface (impervious) area on 8 property is what is used to
indicate ~ne runoff contribution and determine the number of billing units (or SFU's).
SFU is the base billing unit for tlqe stormwater utility fee and it stands for Single Family
Unit. The average single-family home in Dubuque has 2.917 square feet of hard
surface (impervious) area.
Will the $1'.29 cost per SFU ever change?
The City Council has the ability, if the need arises in the future, to a(~just the rate by
modifying the ordinance.
What is a hard surface (impervious) area? Is grave/a hard surface?
Hard r~impervious) surfaces are those that do not absorb water, o~- retard the natural
infiltration of rain such as roofs driveways, walks an(~ parking lots. Gravel does not
absorb rain Iike natural soils or grasses that naturally existed on a property, so it is
considered impervious.
How is the impervious area determined for a property?
For single-family homes the hard surface (impervious) area on a property is estimated
based on the average impervious area associated with homes in Dubuque and the s~ze
of a property.
For other residentia property, an average impervious area is determined and
proportioned to the average sinc~ e-family unit (SFU). Each dwelling unit _rider the
proper~y classif' cation receives a bill based on this proportion.
· Multi-Family units (excluding condominiums and mobile homes) pay 42%
of the SFU rate.
· Condominiums pay 83% of the SFU rate.
· Mobile Home pay 65% of the SFU rate.
For the non-residential properties (including farms), the impervious area is directly"
measured and a fee is based on the proportion of impervious area on t~e prope~y ~
the impervious area of the average single family home (2,917 square feet). ~
Page 6
What will my property taxes be after annexation? How do they compare with
Asbury's taxes?
The State Code allows cities to provide a partial exemption of City property taxes over a
five-year period after annexation. The exen' ation is 75% of City taxes the first year.
60% the second year, 45% the third year, 30% the fourth year and 15% the fifth year.
The full tax bill would be paid in the sixth year. Property tax bills are approximately 18
months in arrears.
The estimated partial exert 3tion for the City portion of your property taxes is enclosed.
This chart reflects an updated analysis corrected by the County Treasurer's Office to
reflect the City's differing tax rates for land. buildings, and dwellings. Land value applies
to the land itself. Building value applies to all buildings not used as dwellings, e.g.,
sheds, barns, silos, etc. Dwelling value a~piies to homes only. A comparison with the
Citv of Asbury's taxes is provided. These calculations do not include any tax credits that
yo~ may get for homestead, agricultural land. family farm or are-paid taxes.
What are the plans for the City's property south of Middle Road and west of
Parcel 6 and east of Parcel 11 located on Annexation E_~hibit A?
Currently there are no final plans on any development for this 160-acre parcel. This
land has been land-bankeo for future industrial development in the long-term. The City
of Dubuque currently has land available in the Dubuque Industrial Center West and in
the Dubuque Technology Park on U.S. 61/151 for qew and expanding businesses.
What are the City of Dubuque's response times for fire, pofice and emergency
services compared to the County and volunteer services that I currently receive?
The City of Dubuque's response times for fire. police and emergency services will be
comparable or better than the response times of the County and volunteer services that
currently are provided to this area. The completion of Chavenelle Road within the next
three years will hel~ to improve these response times.
The City has a full-time Fire Department, which provides fire prevention, fire
suppression hazaraous -nateriais, ambulance, paramedic and emergency first
responder services.
The City has identified that an additional outdoor warning siren and an additional or
relocated fire station may be needed in the future as the community develops to thc
west. The Fire Department will complete an analysis to determine whether a new 6r
relocated fire station will best serve this area. :
The City also has a full:time Police Department. The Dubuque Police Department will
incorporate this area intc its existing beat territories upon annexation. As the area
Page 7
develops, the Police Department will evaluate whether restructuring existing beat
territories or addition of a new beat territory will t2est serve the area based on an
analysis of response times.
How will my property owner's insurance be affected by having City services?
Annexation to the City of Dubuque may -educe the annual premium for your property
owner's insurance. Check with your insurance agent to see what your savings may be.
What are the City's refuse collection fees and landfill fees after annexation?
The City has a "pay as you throve garbage collection system as mandated by the State
of Iowa. Dubuoue's refuse collection fee of $7.60 per month for a single-family
household is among the lowest in Iowa. douseholds are limited to one 35-gallon trash
can not exceeding 40 pounds for this monthly fee. There are options for excess refuse.
The City also provides curbside recycling, seasonal yard waste collection and large item
pick up serwcas to single family residences. Landfill fees are not affected by
annexation.
How will City snow removal service compare to County snow removal service?
The City and the County have a mutual aid agreement to remove snow from eacn
other's roads, and that agreement will be evaluated for this area to maintain the current
level of service. The City of Dubuque currently removes snow on Middle Road from
Radford Road to Seippel Road.
What will my property be zoned after annexation? Will my property be
grandfathered under City zoning?
Your property will be zoned AG Agricultural District uoon annexation to the City of
Dubuque unless you ask for a different zoning clarification at this time. You nave the
option of requesung a specific zoning district concurrent with annexation. City Planning
staff can assist you in reviewing the various City zoning designations that match your
plans for your property. When property owners are ready to rezone. City Planning staff
can assist with filing rezoning applications.
Prooer~ies are grandfathered under City zoning for uses, setbacks and site ',
imorovements (e.g., paved driveways). Upon expansion or change in use. oropertiCs
must be brought into con* 21iance with City zoning. The degree of compliance required
vanes with the use and d~e nature of what is grandfatherect.
Page 8
What are the City regulations if/split my two-acre lot into two one-acre lots fora
second home?
The City of Dubuque allows lot splits that meet min~ mum lot area. For example, the City
-equires a minimum lot area of 5.000 square feet per home in an R-1 Single-Family
Residential zoning district.
A two-acre lot can be split into two one-acre lots for a second home. The County
re'quires a m~ nimum one-acre lot for the septic system, but the City of Dubuque does not
have the one-acre standard However, the City (3cos require that the proper~y owner
conduct a soil analysis, maintain adeouate spacing from awel., and have enougn lot
area for the dra~n field --similar to what the County Health Department requires.
After annexation, a new single-family home must be built to City Zoning and Building
Codes, and nave a paved driveway of asphalt, concrete, or brick pavers. Any other new
buildings also must be built to City Building Codes.
When I remcO/el, add onto, or do repairs to my home, do I have to bring my home
up to City Code?
No. any work you do on your home such as plumbing, electrical, or an addition, must
meet City Building Codes. You do qot have to brinc~ the entire home or system into
compliance with City Code. You do need to check with the City's Building Services
Department to see if the work you want to do requires a permit from the City.
/fl have a building located less than 6 feet from my property line, would it be
grandfathered in?
Yes.
What are the City's regulations if/have two homes on my property?
The City's zoning regulations only allow one home per lot, so the second home would
be grandfathered until it was split off onto another lot.
What are the City regulations for a mobile home?
Under the Dubuoue zoning ordinance, a mobile home is grandfathered if it is not in'a
mobile home parK. However. the grandfathered mobile home cannot be removed and
replaced with another mobile home.
Page 9
When will I have to pave my gravel lane?
An existing gravel lane in the County is a private road. t can continue to be a private
gravel road after annexation. The City would not maintain the -oad.
The City Fire Code would require that houses that are more than 150' from the public
way have driveways or lanes [nat a~-e at least 20' wide with and Wall weather surface".
That ooes not mean paved. It can oe gravel that would support the weight of fire
equipment and maintained all year. Lanes and driveways can also be 20' wide to within
150' of the house, and then narrow down.
If an adjoining ot is s~lit into two lots. the -oad could remain gravel. The City does no[
'eouire gravel roads to oe paved until adjoining property is subdivided into tt~ree or more
lots. Once 3aving is required, the road would have to meet at least the City standards
for private streets.
What ill want my gravel lane to become a City street?
If you want a private gravel road to become a public street maintained by the City. then
~t has to be brought up to City standards for a public street at the property owners'
expense. The standards for a public street are higher than the standards for private
streets.
Page 10
MEMORANDUM
August18,2003
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Annexation
The City of Dubuque has received two more signed agreements and requests for
voluntary annexation. The one from Mark and Kimmie Heins was received by the
original August 14 deadline and missed being included in the packet sent to City
Council.
The one from Douglas and Dianne Fritsch was received on Monday, August 18, 2003.
The deadline for the Fritsches to sign was extended beyond August 14 because there
had been a problem with a previous signature page and Mr. Fdtsch works a late night
schedule as a truck driver and was unavailable to sign the agreements.
Mr. and Mrs. Heins had already been included in the calculation for those submitting a
voluntary annexation request. Mr. and Mrs. Fritsch were not included in the calculation
for having submitted a voluntary annexation. With the Fritsch property, the amount of
the area submitting a request for voluntary annexation is still at approximately 93%.
I respectfully recommend that these signatures be accepted with the previously-
submitted information and the attached Resolution be adopted.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Laura Carstens, Planning Services Manager
Gus Psihoyos, Assistant City Engineer
Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589-4210
RESOLUTION NO. 280-03
RESOLUTION APPROVING ANNEXATION AGREEMENT FOR THE
ANNEXATION OF TERRITORY AND SETTING A PUBLIC HEARING ON THE
ANNEXATION OF SUCH TERRITORY
Whereas, the owners of approximately 641.5 acres of property along Middle
Road, Seippel Road and Asbury Road in Dubuque County have petitioned for the
voluntary annexation of such property to the City of Dubuque, copies of which petitions
are attached hereto; and
Whereas, the property owners have executed an Agreement with the City of
Dubuque with respect to such annexation, a copy of which is attached hereto; and
Whereas, in order to comply with state law by avoiding the creation of islands of
land in the County, the annexation territory includes approximately 48 acres of
additional properties but for which properties the owners have not consented to
annexation, for a total of approximately 690 acres as shown on Exhibit A attached to the
Agreement and as shown on Exhibit B attached to this resolution; and
Whereas, the owners of approximately 93% of the annexation territory have
consented to the annexation;
Whereas, the annexation petitions have been found to be consistent with the
Comprehensive Plan and the Proposed Land Use Map of the Comprehensive Plan; and
Whereas, the City has the capability to provide services to the area in a timely
manner; and
Whereas, the future growth and development of the City of Dubuque, Iowa
makes it desirable that said territory be made part of the City of Dubuque, Iowa; and
Whereas, state law requires that the petitions for annexation be set for public
hearing.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The Agreement attached hereto is hereby approved.
Section 2. The City Clerk is hereby authorized and directed to cause this
Resolution and a notice to be published as prescribed by Iowa law of a public hearing on
the petitions for annexation, to be held on the 1st day of December, 2003, at 6:30 o'clock
p.m. at the public library auditorium, l'lth & Locust, Dubuque, Iowa, and to provide such
other notice as is required by law.
Passed, approved and adopted this 18th day of August, 2003.
Attest:
Patricia A. Cline, Mayor Pr°-Tem
~/3eanne F. Schneider, City Clerk
EXHIBIT B: DUBUQUE ANNEXATION PLAN
Parcel # Property Owner Acreage
1 Terrence Bahl & Martin & Linda Bahl 42.150
2 Bahl Family Partnership 146.570
3 Eldon & Loretta Bahl 108.350
4 Steven & Sandra Bahl 10,000
5 Marilyn Blake 37,200
6 Joseph & Mary Behnke 76.320
7 Terrence Bahl & Martin & Linda Bahl 99.500
8 Harold Nimmick 13,450
9 Peter Henkels 13.290
10 Rosean Mary Schromen Wilson 10.250
11 Callahan Construction East 39.250
12 Callahan Construction West 74.940
13A Charles & Marie Miller 0.286
13B Mark & Michelle Bahl 1.000
13C Mark & Amaelia Pasker 0.800
13D Francis & Darlene McDonald 1.010
13E Mark & Kimmie Heins 0.870
13F Douglas & Dianne Fritsch 0.400
13G Elaine White 0.410
13H Lloyd & Jane Steffen 0.421
131 Allen & Mary Ann Lex 0.520
13J Stanley & Lou Ann Ward 2.606
13K Karen Cogan 1.969
13L Wayne Siebert 1.955
13M Donald & Luella Cogan 2.664
13N Mary Krabbenhofl 1.000
130 Kenneth & Maurine Harris 1.002
13P Gene & Jean Ports 0.670
13Q Wilfred & Vicky Bahl 0.860
Totals
689,713
Voluntary Annexation Petitions 641.527
Signed
Agreement
93.01%
Acres
w/o consent
13.450
13.290
10.250
2.606
1.969
1.955
2.664
1.000
1.002
48.186
8/18/2003
Percentage
opposition
6.99%
Asbury Rd 3.837
Seippel Rd 3.847
Middle Rd 5.843
Total ROW 13.527
Total with ROW 703.240 48.186 6.85%
City Manager's Office
City Hall
50 West 13th Street
Dubuque, Iowa 52001-4864
(563) 589-4110 office
(563) 589-4149 fax
ctymgr@cityofdubuque.org
August 15, 2003
Douglas and Dianne Fritsch
14238 Middle Road
Dubuque, IA 52002
Dear Mr. and Mrs. Fritsch:
As we discussed, even though you have twice signed the annexation document, you
added comments that the City of Dubuque Corporation Counsel says invalidate your
signature. The deadline for your signature has been changed to Monday, August 18,
2003, at noon.
Also, the City of Dubuque has been advised by the City Development Board that with
recent changes to state law, the original deadline for City Council approval of the
annexation of September 15, 2003 is not attainable. Therefore, the enclosed
agreement documents dated August 14, 2003, have modified the City Council
deadline to December 1, 2003. Please initial the date on page three of the
agreement.
As you execute the signature page, this is the agreement that will be in effect.
Sincerely,
Michael C. Van Milligen
City Manager
Enclosures
Service People Integrity Responsibility Innovation Teamwork
The Honorable Mayor & City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque IA 52001
RE: Voluntary Annexation Request
Dear Mayor & City Council Members:
We, Douglas M. & Dianne M. Fritsch, owners of 0.40 acre of property along
Middle Road, legally described as Lot 1 of the NE NE Section 20 T89N R2E and
Lot 2-1-1-2 of the NE NE Section 30 T89N R2E in Dubuque County, Iowa,
request annexation of this property to the City of Dubuque, Iowa. This parcel is
#13f on the Annexation Exhibit A map enclosed~.~.cc~cur i,qCor~ation.
Sincerely, .~
gl~ritsch ~ ~ -" -----'""4~ n r~ F rit s~ch
Dated/August/72003 Dated August I~ ~', 2003
ACCEPTANCE OF AGREEMENT
We, the property owners of parcel 13f, legally described as Lot 1 of the NE NE
Section 20 T89N R2E and Lot 2-1-1-2 of the NE NE Section 30 T89N R2E in Dubuque
~Coe~dil ifoY~nr~' I irW~a~ u~ i?el~inhw~ iiio~!c~iht i~ ~r tn~ ~ r~no fd, ~r~ edl~° an cS c~fptthte~ien ga na~trot ' t~ ~d
Ru~ 13 03 05:07p Plannin~ 318-58~-4221
p.3
The Honorable Mayor & City Council Members
City of Dubuque
City Hall- 50 W. 13th Street
Dubuque IA 52001
RE: Voluntary Annexation Request
Dear Mayor & City Council Members:
We, Mark & Kimmie Heins, owners of 0.87 acre of property along Middle Road,
legally described as Lot 2-2 of the NE NE Section 30 T89N R2E in Dubuque
County, Iowa, request annexation of this properly to the City of Dubuque, Iowa.
This parcel is #13e on the Annexation Exhibit A map enclosed for your
information.
Sincerely,
Kimmi~ Heins '
Dated August /...~, 2003 Dated August../~ , 2003
Ru~ 13 03 05:08p Plannin~ 318-588-4~21
ACCEPTANCE OF AGREEMENT
We, the property owners of parcel 13e, legally described as Lot 2-2 of the NE NE
Section 30 T89N R2E in Dubuque County, Iowa, having read the terms and conditions r
of the foregoing agreement, and being familiar with the conditions thereof, hereby
accept this same and agree to the conditions required within.
Dated August ./~, 2003
Dated August 73,2003